HomeMy WebLinkAboutContract 61676Date Received: July 12, 2024
Time Received: 9:3o a.m.
Record Number: PN24-00114
--------City Secretary No.: _6 _16_7_6 __
PUBLIC PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMENT
TIER II
TIDS AGREEMENT is made and entered into by and between THE CITY OF
FORT WORTH, a home rule municipal corporation of Tarrant County, Texas ("City"),
acting by and through its duly authorized City Manager, Assistant City Manager, or
Director of the Development Services Department, and Trinity Phoenix, LLC, a(n) Texas
limited liability company ("Licensee"), acting by and through its duly authorized
Managers.
RECITALS
WHEREAS, Licensee is the owner of the real property located at 400, 404 and
408 Vista Buena, Trail, Fort Worth, Texas 76111 ("Property"), being more particularly
described as, Lots IR, 2R, 3R, Block l, Bassett Addition, as recorded in Deed of Tarrant
County, Texas by Instrument Number D224007199, in Tarrant County, Texas, and;
WHEREAS, the City owns or has an interest in a public utility easement (the
"Public Property") adjacent to the Property, and as recorded in the plat records of
Tarrant County as plat number FS-21-203; and
WHEREAS, Licensee desires to construct, place, and maintain certain
improvements which will encroach in, on, above, or below the Public Property; and
WHEREAS Licensee has received consent from the other franchise utility
companies to construct, place, and maintain the improvements within the public utility
easement; and
WHEREAS, to accommodate the needs of the Licensee, the City will allow the
encroachment under the terms and conditions as set forth in this Agreement.
NOW,. THEREFORE, the City and Licensee agree as follows:
AGREEMENT
1.
The City, in consideration of the payment by Licensee of the fee set out below
and covenants and agreements hereinafter contained to be kept and performed by
Licensee, hereby grants permission to Licensee to encroach in, on, above, or below and
occupy a portion of the City's Public Property as described in and at the location shown
Tier II Easement Encroachment Agreement Page 1 of12 Revised 12/2022
on Exhibit "A," but only to the extent shown thereon, for the purpose of constructing,
installing, and maintaining stairs, porch/overhangs, (the "EncroachmenY'). Upon
completion of the Encroachment, Licensee agrees to be responsible for maintaining the
Encroachment within the Public Property. Licensee shall not expand or otherwise cause
the Encroachment to further infringe in or on the Public Property beyond what is
specifically described in Exhibit "A."
2.
All construction, installation, maintenance, and operation of the Encroachment
and the use or occupancy of the Public Property shall comply with and be performed in
strict compliance with this Agreement and with the charter, ordinances, codes, and
policies of the City. Prior to the construction or installation of the Encroachment,
Licensee shall submit all plans and specifications to the Director of the Development
Services Department or duly authorized representative. Licensee shall not commence
construction or installation of the Encroachment nor make any use of the Public Property
until after the execution of this Agreement.
3.
Licensee, at no expense to the City, shall make proper provisions for the
relocation and installation of any existing or future utilities affected by such
Encroachment and the use and occupancy of the Public Property. Licensee has received
the approval and consent of certain franchise utility companies and such consents are
attached hereto as Exhibit "B." Licensee agrees that it shall secure the approval and
consent of all other appropriate utility companies and agencies of the State of Texas and
its political subdivisions. [n the event that any installation, reinstallation, relocation, or
repair of any existing or future utility or improvements owned by or constructed by or on
behalf of the public or at public expense is made more costly by virtue of the
construction, maintenance, or existence of the Encroachment and use of Public Property,
Licensee shall pay to City an additional amount equal to such additional cost as
determined by the Director of Transportation and Public Works, the Director of the Water
Department, the Director of the Uevelopment Services Department, or their duly
authorized representative.
4.
Licensee agrees that City may enter and utilize the Public Property at any time for
any public purpose, including installing, repairing, replacing, or maintaining
improvements to its public facilities or utilities necessary for the health, safety, and
welfare of the public. The City shall have no responsibility or liability for any damages
related to the Encroachment resulting from the City's use of the Public Property;
however, the City shall make reasonable efforts to minimize such damage.
5.
Tier II Easement Encroachment Agreement Page 2 of 12
Revised 12/2022
Upon termination of this Agreement, Licensee shall, at the option of and at no
expense to the City, remove the Encroachment and restore the Public Property to a
condition acceptable to the Director of Transportation and Public Works, the Director of
the Water Department, the Director of the Development Services Department or their
duly authorized representative. Any such removal of the Encroachment shall be in
accordance with then-existing City regulations and policies. It is understood and agreed
to by Licensee that if this Agreement terminates and Licensee fails to remove the
Encroachment and restore the Public Property, Licensee hereby gives City permission to
remove the Encroachment and any supporting structures from the Public Property, to
restore the Public Property, and to assess a lien on the Property for the costs expended by
the City in taking such actions.
6.
In order to defray all costs of inspection and supervision which the City has
incurred or will incur as a result of the construction, maintenance, inspection or
management of the Encroachment and use of Public Property as provided for by this
Agreement, Licensee agrees to pay to City at the time this Agreement is requested an
application fee in the sum of Nine Hundred Dollars ($900.00).
7.
The term of this Agreement shall be for thirty (30) years, commencing on the
date this Agreement is executed by City. However, the City may terminate this
Agreement upon Licensee's noncompliance wit11 any of the terms of this Agreement.
City shall notify Licensee in writing of any such noncompliance and if Licensee does not
cure the noncompliance within thirty (30) days of notice from City, the City may
terminate this Agreement. However, the City may, at its sole option, allow the Agreement
to remain in effect so long as Licensee has taken reasonable measures to cure the
noncompliance or is continuing to diligently attempt to remedy the noncomp(iance.
8.
It is further understood and agreed between the parties hereto that the Public
Property to be used and encroached upon is held by City as trustee for the public; that
City exercises such powers over the Public Property as have been delegated to it by the
Constitution of the State of Texas or by the Texas Legislature; and that City cannot
contract away its duty and its legislative power to control the Public Property for the use
and benefit of the public. It is accordingly agreed that if the governing body of City may
at any time during the term hereof determine in its sole discretion to use or cause or
permit the Public Property to be used for any other public purpose, including but not
being limited to underground, surface, or overhead communication, drainage, sanitary
sewerage, transmission of natural gas or electricity, or any other public purpose, whether
presently contemplated or not, that the parties agree to negotiate in good faith in order to
accommodate both the Encroachment and the public purpose.
Tier 11 Easement Encroachment Agreement Page 3 of 12
Revised 12/2022
9.
LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES
HEREBY INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, AND ELECTED OFFICIALS
FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY
DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO
ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION
WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION,
MAINTENANCE, OCCUPANCY, USE, EXISTENCE, OR LOCATION OF THE
ENCROACHMENT AND USES GRANTED HEREUNDER, WHETHER OR NOT
CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS, LICENSEES, ELECTED OFFICIALS, OR INVITEES OF
THE CITY; AND LICENSEE HEREBY ASSUMES ALL LIABILITY AND
RESPONSIBILITY FOR SUCH CLAIMS OR SUITS. LICENSEE SHALL
LIKEWISE ASSUME ALL LIAI3ILITY AND RESPONSIBILITY AND SHALL
INDEMNIFY CITY FOR ANY AND ALL INJURY OR DAMAGE TO CITY
PROPERTY ARISING OUT OF OR IN CONNECTION WITH THE
ENCROACHMENTS AND ANY AND ALL ACTS OR OMISSIONS OF
LICENSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
CONTRACTORS, SUBCONTRACTORS, LICENSEES, OR INVITEES.
10.
While this Agreement is in effect, Licensee agrees to furnish City with a
Certificate of Insurance naming City as certificate holder as proof that is has secured and
paid for a policy of public liability insurance covering al( public risks related to the
proposed use and occupancy of public property as located and described in Exhibit "C."
The amounts of such insurance shall be not less than
$1,000,000
with the understanding and agreement by Licensee that such insurance amounts may be
revised upward at City's option and that Licensee shall so revise such amounts
immediately following notice to Licensee of such requirement. Such insurance policy
shall not be canceled or amended without at least thirty (30) days prior written notice to
the Building Official of the City. A copy of such Certificate of Insurance is attached as
Exhibit "C" and incorporated herein for all purposes. Licensee agrees, binds, and
obligates itself and its successors and assigns to maintain and keep in force such public
liability insurance at all times during the term of this Agreement and until the removal of
the Encroachment and restoration of the Public Property. All insurance coverage
required herein shall include coverage of all Licensee's contractors and subcontractors.
Tier li Easement Encroachment Agreement Page 4 of 12
Revised 12/2022
11.
Licensee agrees to deposit with the City when this Agreement is executed a
sufficient sum of money to be used to pay necessary fees to record this Agreement in the
real property records of the county in which the Encroachment is located. After being
recorded, the original shall be returned to the City Secretary of the City of Fort Worth.
f f►�
Licensee agrees to comply fully with all applicable federal, state, and local laws,
statutes, ordinances, codes, and regulations in connection with the construction,
operation, and maintenance of the Encroachment and use of the Public Property.
13.
Licensee agrees to pay promptly when due all fees, taxes, or rentals provided for
by this Agreement or by any federal, state, or local statute, law, or regulation.
14.
Licensee covenants and agrees that it shall operate hereunder as an independent
contractor as to all rights and privileges granted hereunder and not as an officer, agent,
servant, or employee of City, and Licensee shall have exclusive control of and the
exclusive right to control the details of its operations, and all persons performing same,
and shall be solely responsible for the acts and omissions of its officers, agents, servants,
employees, contractors, subcontractors, licensees, and invitees. The doctrine of
respondeat superior shall not apply as between City and Licensee, its officers, agents,
servants, employees, contractors, and subcontractors, and nothing herein shall be
construed as creating a partnership or joint enterprise between City and Licensee.
15.
Licensee agrees and acknowledges that this Agreement is solely for the purpose
of permitting Licensee to construct, maintain, and locate the Encroachment over or within
the Public Property and is not a conveyance of any right, title, or interest in or to the
Public Property, nor is it meant to convey any right to use or occupy property in which a
third-party may have an interest. Licensee agrees that it will obtain all necessary
permissions before occupying such property.
16.
In any action brought by the City for the enforcement of the obligations of the
Licensee, City shall be entitled to recover interest and reasonable attorneys' fees.
17.
Tier I[ Easement Encroachment Agreement Page 5 of 12
Revised IZ/2022
The parties agree that the duties and obligations contained in Section 5 shall
survive the termination of this Agreement.
18.
Licensee covenants and agrees that it will not assign all or any of its rights,
privileges, or duties under this Agreement without the written approval of the City, and
any attempted assignment without such written approval shall be void. In the event
Licensee conveys the Property, Licensee may assign all of its rights and obligations under
this Agreement to the new owner of the Property, and Licensee shall be deemed released
from its duties and obligations hereunder upon City's approval in writing of such
assignment, which approval shall not be unreasonably conditioned or withheld.
Foreclosure by a secured lender of Licensee or assignment to a secured lender by
Licensee in the event of default or otherwise shall not require City approval provided that
said lender notifies City in writing within sixty (60) days of such foreclosure or
assignment and assumes all of Licensee's rights and obligations hereunder. However, no
change of ownership due to foreclosure or assignment to any secured lender of Licensee
shall be effective as to City unless and until written notice of such foreclosure or
assignment is provided to City.
19.
Any cause of action for breach of this Agreement shall be brought in Tarrant
County, Texas. This Agreement shall be governed by the laws of the State of Texas.
20.
This Agreement shall be binding upon the parties hereto and their successors and
assigns.
21.
This Agreement may be executed in multiple counterparts, each of which shall be
considered an original, but all of which shall constitute one instrument
[SIGNATURES APPEAR ON FOLLOWING PAGE]
Tier II Easement Encroachment Agreement Page 6 of 12
Revised 12/2022
City: Licensee:
CITY OF FORT WORTH Trinity Phoenix, LLC
a Texas limited liability company
By:��
D.J. Harrell, Director of the
Development Services Department
Name: David L. Cook
Title: Manager
Date: Jul 11, 2024
ATTEST:
Jannette Goodall,
City Secretary
Date: Jul 11, 2024
Tier II Easement Encroachment Agreement
Date: '7 Ir o/;;.. y
Approved As To Form and Legality
Jeremy Anato-Mensah
Assistant City Attorney
Date: Jul 9, 2024
Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this contract, including ensuring all performance
and reporting requirements.
R@ecca Diane Owen Rebecca Diane Owen (Jul 9, 202416:15 CDT)
Rebecca Owen
Development Services
Date: Jul9,2024 ---------------
Page 7 of 12
Revised 12/2022
***THIS PAGE FOR CITY OF FORT WORTH OFFICE llSE ONLY***
ST ATE OF TEXAS § COUNTY OFT ARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared D.J. Harrell, known to me to be the person
whose name is subscribed to the foregoing instrument, and acknowledged to me that he
executed the same for the purposes and consideration therein expressed, as the act and
deed of the City of Fort Worth, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 11th day of
July , 2024. ------
Notary Public in and for the State of Texas
After recording return to:
Development Services Department
Development Coordination Office
200 Texas Street
Fort Worth, Texas 76102
Tier II Easement Encroachment Agreement
WENDY L BEARDSLEE Notary Public STATE OF TEXAS
Notary I .D. 13323719-3
My Comm. Exp. July 28, 2025
Page 8 of 12
Revised 12/2022
STATE OF � �� )
COUNTY OF �C��`�`�
0
�i
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
���, on this day personally appeared, David L. Cook, Manager, known to me to
be the person whose name is subscribed to the foregoing instrument, and acknowledged
to me that he or she executed the same for the purposes and consideration therein
expressed, as the act and deed of Trinity Phoenix, LLC, a Texas limited liability
company , and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this V�� day of
i u �"1 . 2024.
Notary Public �and for the
State o �S
,,,,,��,,,,
`��1�H�PLei� TAMMY L. BRADSHAW
_?� '� �: Notary Public, State of Texas
��'�+�; Comm. Expires 10-12-2p25
�,�....� .
� ���°;����` Notary ID 8314941
Tier II Easement Encroachment Agreement
Page 9 of 12
Revised 12/2022
EXHIBIT A
Depiction and description of the Encroachment
Tier II Easement Encroachment Agreement Page 10 of 12
Revised 12/2022
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PLACEQFCOMMENCING GALVEZ AVENUE
ACCOfNPANYING DESGRIPTION 50' REGHT OF WAY
10' UTlLI'fY EASEMENT
CiOCUM�N7 NO. d22D043B33� DOCUMEN7 hiJM6E� �222137676
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CAPPEDIR � L� � "
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PLAGE OF SEGINNI�IG
/� I � ACCOMPA�IYING DESCRIPTION ,
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BASSETT ADDITIpN
��OCUA+IENT NUMBER D222137670
518� �RF � 148 SQ. FT �
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DOCUMENT NUNBEA D222137670
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BASSETT AOQITION
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Part o# the Lot 1R, Block 1, BASSETT ADDITION, an addition to the City of
Fort Wprth, Tarrant Caunty, Texas according co the plat thereof recorded in
�ocument No. D222137fi70 af Ehe Plat Records of Tarrant County, Texas
and being mare particularly descri6ed by metes and bounds as follows:
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Coordinates and bearings are based on the Texas Coordinate System of the
North American datum of 1983 S20I1) epo�h 2010, narth central zone 4202
(us survey feetj from GPS observations using the RTK cooperative network.
Distances and area are surface.
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CQMMENCING at a ca `
pped 'iran rod found for the northwest corner of ,��
Galvez A�enue, having a 5D foot right-of-way as dedicated in said �acument
No. DZZZ137670, and the run the followir�g:
THENCE Norih 89'43'54" East, along the tammon line of said Lot 1R a -<<G., d.F.,_l�c
said Galvez Avenue, a di3iance of 48.21 feet to a point at the intersecti of ��:•r�� �(,� 9F 9
the sa'id commnn line and the extension of the east line of a 10' Utility �: e � °�'��'
....:..........................
Easement as recorded in said Document No. �222137670; JANEES PAL}L WAAD
THENCE SouLh p4°42'42" Fast along extensian of said easement, a d��stance """""'"""""""""�'��
of 7.p.p3 feet to a point at the intersectioa of said east line easement and <�� qo 5606 �P..'Q.
Ehe south line of a 1D' utiliFy easement as re�orded in said Document No. 9�LO FEs s�.0,��0
Dzzzi3767a; S U Rv
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THENCE North 89°43'S4" East, a€ong said sauYh line of easement, a disiance
of 4.50 feet to the southwestzrly ar�d BEGINNENG comer (whose Northing is
69623J,1.26 and whose Easting is 2334Y57.p7} of tract being described;
THENCE over and across said Lot 1R the following:
North 0'18'S6" West, a dlsiance of 3.08 feet;
North 89'43'S4" East, a distance of 48.21 feet
South 0'18'S6" East, a distance af 3.08 feet co a pointin said so�th line of
easement;
THENCf 5outh B9'43'54" West, along said south line of easement, a
distance af 48.21 feet to the POINT OF BEGINNING and conkain9ng 24$
square feet of land.
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LENE TABLE
NO. BEARItJG LENGTH
Li iV00°18'S6"W 3.08'
l2 NB9°43`54"E 48.21'
L3 S00"18'56"E 3.08'
L4 S89°43'54"W 48.21'
L5 N89°A3'54"E �0.03'
LS S�4°42'42"E 10.03'
L7 N89°43'S4"E 4.50'
L8 NOa°42'42"W 25.83'
L9 N89°43`54°E 68.87'
L14 545°16`06"E 14.14'
Part of the Lot 1.R, Block 1, BA55ETT ADDEiIQN, an
addition ta the Gity of Fort Worth, Tarrant County,
Texas according to the plat thereof recorded an
�acument No. D�22137670 af the Plat Records of
Tarrant County, Texas p.�.r��
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p' p 20' 40' 6I
GRAPHSC SGALE SCALE IN FEET 1°= 20'
a_waAn PRn.i�[;T nlc7� �n2a-�353 VlSTA BUENQ_�f��HR.4�
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vn. sa�c a eKuxr mces�o
SCALE 1 "=2000'
Part ofthe Lot R, Biock 1, BASSETTADDITION, an
ity of Fort Worth, Tarrant County,
Texas according to the plat thereof recorded in
Document No. �222137670 of the Plat Records of
Tarrant County, Texas
SHEET 2 OF 2
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UILDING ENCR ACHES 3.06'--\
INTO UTILI SEMENT
DOCUMENT N . �22137670
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GRAPHIC SCALE SCALE IN FEET 1"= 20'
A-WARD PROJECT N: 02�}- ISTA B E �N H QF
EXHIBIT B
Franchise Utility Letters
Tier II Easement Encroachment Agreement Page 1 I of 12
Revised 12/2022
� at&t
�.,.._..-,,,'
June 19, 2024
Tarrant County — Bassett Addition
Parts of Lots 1 R, 2R, and 3R, Block 1
SWC of Galvez Ave & Vista Buena Trail
10-ft Utility Easement Encroachment Request
AT&T Texas- ROW
117 W Columbia St
Weatherford, TX 76086
In response to the request for the encroachment on a portion of the 10-ft utility easement located
on the north side of Lot 1 R, Block 1 and west side of Lot 2R and 3R, Block l, Southwestern Bell
Telephone Company, d/b/a AT&T Texas, has no objections to the requested encroachment for
buildings and patio steps as shown on the attached sketch.
Easement found in Tarrant County Clerk Files recorded as Volume D222137670.
It is not the intent of this letter to waive any rights granted to AT&T in the easement or right-of-
way except to permit this encroachment. AT&T shall continue to have unrestricted access to, on
and across the easement/right-of-way for installation, repairs, replacement, or upgrades to
facilities.
There are currently underground facilities within the area. Exercise extreme caution with respect
to such facilities. Contact Texas811 for underground locates before any digging is done. Costs
of any damages to facilities would be at your expense.
Please let me know if you have any questions.
Sincerely,
I�,a.�rnv� 1�1�e�(.l.�ca-
Melissa McElyea
AT&T - Manager Eng - ROW
817-718-4055
��R�:F oF �;o����c:��c; GALVE� AVENUE
T RAC:1 S s, 7 ANb 3 5p' AiCiHT OF W AY
+0' UttUtY £pSEMENT
� j3tK:i!MEht? Nd. i?e200a3$.1� � Z�%C:UMENS WJMAHF'.(1 L172.�^.13DbJp
r.ONC
C:APPELT IW ... � .L,� . ..'"` — CAPPED It
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�PLACE OF BEGIWNtNi; {�O
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L24 1.q7 tF4 W
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�� �Rfi €X7CUMEN'T NUME3�H D22?i��67Q
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� q � L4 ��j �Q. FT. 70:.UMENT NUMBER D?22t376'0 U
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' 1-25 S'Q. �. BASSETFADOtTiON I
DOGUMEN i NUl.tBER 0222 � 17570
( L36 T + �oT.A ^ �
BLOCK i
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Part of lots 1R and 2R, 61ock 1, BASSETT . y'Q.-•.�••••�•��••
ADQITION, an addition to the City of Fort Worth, .1AMES PAUI WARD
Tarrant County, Texas accarding to the piat �': 9� v;:�q�
thereaf recorded in Document No. 0222137670 of 9ti'°`.e,b G�,°`'yo
the Plat Recards of Tarrani Caunty, Texas �„4u�R��
SHEET 1 QF3
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LWE TABLE
NO. BEM�wG LENG7F�
i: r�a��s�sw ar,s�
l2 N88"47'Si'E 48.21'
43 S�' 18"O�6`E 3 Q9'
la :;ts9"a3'Sn'v� a8.2ti'
45 NEl�J't3'Sa"E i4.IXi"
l6 S(Ja'42'aYC t0.b3'
i7 N89`�3'S4'E n.SC'
tB N41`62'42"W 29.8:t'
5..8 rtBJ'�3`Sd'f fi8 HT
�i� $45'tf9'66°£ 14 dA'
l20 SQO'1656'£ 4 75'
L21 S�'41'04"Vr' 3 5t'
t12 t�0°18�56'W s33'
t29 N�'t i �Oa"E 3.51'
L2S St'�' 1 B57"E 8 8iY
L2S N�3`�t'0�-E iQ.Cb
�2A 55}0'tA'S�"E 73�t'
�,s �•,���� ,,�.
l'36 �s"89'61Y9d`tti 147'
l37 NOb't8'S8'W it.2�'
l98 N85i'41'14'E 147'
L39 SW`itl'5�7�'E Pt.06'
4d0 IiFiB'�i'0�'f t000'
L41 S00"16'49'E 2 m"1'
— — __
GHAPHIC SCAIE SGAL[ IN �EET !`� �0'
LOCATION MAP
SCA1E t.-,?(fr�Ct,
PIACeOFCQMMENCENG GALVEZ AVENUE
ACCOMPANVING i?ESCRIP'T�tON j0� RIGFiT OF WAY
tC' l.?�'_�iv EASEMEti'
OOCUA�Er.T NO. C220Ca3833 � PO�.'JMErr n��MBE�+ �zzail:e'o
EXHIBITA
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PL4CE OF B[GiNNif+tG
� I_...�V A�GOMPANYING pESCRiPTION �
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BASSETT AOCNT(ON
_ I DOCUMENF NUdABER D222t37G
IRF I— — '�'f� JQ. r 1
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BLOCK 1
8n5iET' AUD�T30N
— ` — 7D�UMEN7 NUMBER D222137670 '
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( LO' 3R
BLOCK 1
BASSET3 AppkTlO�
� DOCUMENT NUMBER 022Yr378�0
PaR ot [he lot 1R, Biptk 1, BASSETT AO�IT40N, an addition to the City of
Fort Worth, 7arrani County, Te�ws accor�ing to the Dlat thereof rccorded �n
Documen: No. 0222131670 of the P�at Records of Tarrant County, Texas
and being more part�ce6arly desu�bed bv metes and bounds as fadtaws:
Coordinates and bearings a�e hased on the Texas Coordinate System af Ihe
Noeth Arneritan datum of i9$3 (2011j �Voch 201�, north c.entral xone 4232
{us survcy feet} from GPS o45erwtion5 using [he RTK cooperat=ve network.
Oistaroees and area are surface.
$
a-s-�l
COMMEkC�NG at a capped iron rod lvund for the northwes2 corrmr of �l��V(,/,/t.
Galve: Avenu�, hav6ng a 50 foot right-of-way as dedicated In sald Document �
No. 02221376)0. and the {u�, tt�e foElow,ng:
OF T
THEPiCE Nt�th 89'43'S4" East, abreg the commor {ine af said Lot 1R and '��•� g T F�' �'f'
said Galve¢ Avenue, a distance of 48.21 feet to a point at the intersection ot .<Q:-�� AF �. y
the sald common line and the extensi�n of tf�e east line oi a 10' Utrlity "�- Q � �' �
Easementasrecnr�3edinsa�dDocumernNo, D222237670; ��� ��������������������������
AM 5 PA WARD
THENCE South pA'42'42" East along eztension of said easement, a d�st'nce
of 20.03 feei to a poini at Ehe intersection of said east 4ine easement and
the south Eine pf a 10' utkGty easement as rec�rded in said 6ocumertt No.
D22213787J;
TiiEN�E Na�th 89'43'S4" fast, along said south hne of easement, a d[stance
oi 4.50 feet to the southwesterly artd BEGtNNING corner (whose Narthing Rs
6962311.2fi and whose £asting a 2s'34157A7) of erati being desct4bed;
THENCE over and acfoss said Lot IR the following:
North 0'18'56" West, a distar�ce nf 3.06 feeC
North !S9'43'S4" East, a distance af 48.21 feet
South 0'1$'Sfi" East, a distance of 3.F18 Seet to a poir.t in saici soutfi line e(
easement;
THENCE South 89'43'S4" West, along said south line of eazement� a
d�stantt of 48.21 feet Fo the �OtNT QF BEGoNKtNG ard tontaining 248
sq�are feet of land,
20' Q 20� a0' &
:- -_ ..... _ ___� .....-�.� ...._ ._._..._,...�
GRAPttfC SCALE SCAiE IN FEET t'= 20'
J E Ul
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�INE TABLE
Np. BEA.RING LENGT�€
L7 tV00°t8`56`1'J 3.Q6'
L2 N89•43'S4"E 48.2t'
L3 St}p't 6'S6"E 3.08'
L4 S89°a3'Sd"W a821'
LS N89`43'S4'E 7003'
L6 SQ4'a2'42"E 70.03`
u rsas°aa�sa �� a so�
LB id04`42�42'W 25.63'
L9 N89'a3'S4'E 68.67'
L70 S45'16'08"E 14 7a
Fart of the Lot 1R, Block 1, BASSETT A�OITION, an
addition to the City of Fort Worth, Tarrant County,
Texas according to the piat thereof recarded in
Document No. 0222137670 0# the Piat Records o`
Tarrant County, Texas �4��
SHEEi 1 OF 2
�
/'
energy
June 14, 2024
Bryan Shellenberger
BSW Construction
Re: Encroachment into Utility Easement-1353 Vista Buena
Upon your request I have reviewed the location of the gas facilities near
your project site. Atmos does not object to the encroachment located at the
property listed above. Verification of the gas line can be obtained through
811 Call Before You Dig. Any damages to Atmos facilities due to such
encroachment will be billed to the party causing the damage.
If you have any questions, please contact me at 214-549-7144.
Sincerely,
Bobby Oney
Project Manager
Atmos [:nergy Corporation
100 West Momingside
Fort Worth, Texas 761 10
ONCOR Electric Delivery LLC
777 Main St. Suite 707
Fort Worth, TX 78702
817-215-5304
N � ' ` Ally BetanCur
Right of Way Analyst
July 3�d , 2az4
Customer / Contractor I�ame: Trir�ity Phoenix LLC // B5W CONSTFtUCTION LLC
Street Address: 400,404,456 Vista Bue�a Trail
City / State / Zip: Fort Worth, Texas 7611�
Re: PT#2024-3695 Permanent structure encroaci�ment on a 10' utility easement — Vista B�ena
Townhomes
Bryan Shellenberger,
In respo�se to your email dated June ZOth, 2024, Oncor Elettric Delivery has no objections ta the
request ko encroach on portions of a 10' utility easement with a permanent structure (four story
tawn homes) on the property lines ot 400 Vista Buena Trail 404 Vista Buena Trail and 456 Vista
8uena Trail Fort Warth, Texas 7611]. �etter knawn as the Fart of the Lot IR, Block 1, BASSETT
AbDITION, an addition to the City of Fort Worth, Tarrant County, Texas according to the plat
thereof recorded in Document No. D222137670 of the Plat Records of �arrant County, Texas as
indicatetf on the attached Exhibit that was pra�ided.
Sincerely,
� __ .
�
Ally Betancur
Right of Way Analyst
�
6/20/2024
Bryan Shellenberger
BSW Construction
2001 S Morgan St Suite, 103
Granbury, TX 76048
SUBJECT: Plat Review — 1353 Vista Buena Fort Worth, TX 76111
Regarding the property located at or near 1353 Vista Buena Trail Fort Worth TX, 76111
(32.7622b3, -97.31 U157) Spectrum approves the encroachment. Verification of the Spectrum line
can be obtained through 811 Call Before You Dig. Any damage caused to Spectrum facilities due
to such encroachment will be billed to the party causing the damage.
For future reference, please send all utility coordination, abandonments, encroachments, plat
signatures, or serviceability requests, or notices of relocation to DL-NTX-External-
Requests(a�charter.com. Please share this information with whoever needs these services.
Sincerely,
>. ._ e.,._ .
, ,,,._._ _
�� r> � �_� :�� -�
��'Cft' ►
�
7roy Hopson � Business Devebpment Spec�alist �(0) 817-298-3554 Cell 682-999-2989
8545 A►rport Freeway #108 � North Richland Hills � TX 76180
EXHIBIT C
Certificate of Insurance
Tier II Easement Encroachment Agreement Page 12 of 12
Revised 12/2022
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