HomeMy WebLinkAboutContract 61756Date Received: __ Ju_l_y_2 _s,_2_0_24 __ _ Time Received: 10:lSa.m.--------Record Number: PN24--00023 City Secretary No.: 61756 PUBLIC PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMENT TIER JI THIS 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 VC Stonegate, LLC, a Delaware limited liability company, SRC Stonegate, LLC, a Delaware limited liability company and JK Stonegate, LLC, a Delaware limited liability company, ("Property Owner") and Village Homes, L.P ., a Texas Limited partnership, ("Developer"), ( .. collectively, Licensees"), acting by and through their duly authorized signatories. RECITALS WHEREAS, Licensee, VC Stonegate, LLC, SRC Stonegate, LLC and JK Stonegate, LLC ('Property Owner") is the owner of the real property located at ("Property"), being more particularly described as, all of Block 7R and Block llR, Stonegate Addition, situated in the S.C. Inman Survey, A-824 as recorded in Tarrant County Deed Record, by Instrument Number D219039446, in Tarrant County, Texas, and; WHEREAS Licensee, Village Homes, L.P. (''the Developer') has constructed a retaining wall on the Property owned by, VC Stonegate, LLC, SRC Stonegate, LLC and JK. Stonegate, LLC; and WHEREAS, the City owns an emergency access easement and/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 FP-02-035; and WHEREAS, Licensee, Village Homes, L.P. (''the Developer") desires to construct, place, and maintain certain improvements which will encroach in, on, above, or below the Public Property; and WHEREAS, to accommodate the needs of the Licensees, 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: Tier II ROW Encroachment Agreement Page 1 of 16 Revised 12/2022
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
on Exhibit "A," but only to the extent shown thereon, for the purpose of constructing,
installing, and maintaining a retaining wall (the "Encroachment"). 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, including the securing
the approval and consent of the appropriate utility companies and agencies of the State of
Texas and its political subdivisions. In 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 Development Services Department, or their
duly authorized representative.
:�
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
Tier II ROW Encroachment Agreement Page 2 of 16
Revised 12/2022
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.
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 with 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 noncompliance.
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
Tier II ROW Encroachment Agreement Page 3 of 16
Revised 12/2022
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.
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 LIABILITY 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 all public risks related to the
proposed use and occupancy of public property as located and described in Exhibit "A."
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
Tier II ROW Encroachment Agreement Page 4 of 16
Revised 12/2022
the Building Official of the City. A copy of such Certificate of Insurance is attached as
Exhibit "B" 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.
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.
12.
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 ofiicer, 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
Tier II ROW Encroachment Agreement Page 5 of 16
Revised 12/2022
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 befare 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.
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.
Tier II ROW Encroachment Agreement Page 6 of 16
Revised 12/2022
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 ROW Encroachment Agreement Page 7 of 16
Revised 12/2022
City:
CITY OF FORT WORTH J"anie Scarlett fv1orqles for By: Janie Scarlett Morales for (Jul 24, 202412:47 CDT)
D.J. Harrell,
Director of the Development Services Department
Date: Jul 24, 2024
ATTEST: Approved As To Form and Legality
Jannette Goodall,
City Secretary
Date: Jul 25, 2024
Tier II ROW Encroachment Agreement
Jeremy Anato-Mensah
Assistant City Attorney
Date: Jul23,2024 -------------
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.
Rebecca Dian Owen (Jul 24, 2024 08:47 CDT)
Date:
Rebecca Owen
Development Services
Jul24,2024 ---------------
Page 8 of 16
Revised 12/2022
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared Janie Morales, 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 LTNDER MY HAND AND SEAL OF OFFICE this 24th day of
July . 20 24 . '
�.� a���
WendyBear ee(Ju124,202416:42CDTJ —
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 76102LICENSEE:
e
o,�p,RY/'ve, WENDY L BEARDSLEE
_ q � Notary Public
* �f7 + STATE OF TEXAS
NT Gt Q Notary I.D. 13323719-3
9�F�F�+ My Comm. Exp. July 28, 2025
Tier II ROW Encroachment Agreement Page 9 of 16
Revised 12/2022
Licensee:
VC Stonegate, LLC
a Delaware limited liability company
SRD Stonegate, LLC
a Delaware limited liability company
JK Stonegate, LLC
a Delaware limited liability company
by: MJS Stonegate, LLC
a Delaware limited liability company
manager
by: Busboom Te Group, LLC
a Texas limited liability company
a managing member
By; , 7-_�•
I�ao �e
�4a����r
Date: _� 1 � �1 �-V �
�
Tier II ROW Encroachment Agreement Page 10 of 16
Revised 12/2022
0
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
�{'3�S , on this day personally appe�red �IC�.O �
�
known to �ne to be the person whose �3ame 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 ��� ��e Cll�� �--Lc
a MGl-v�c�-f' , and in the capacity therein stated.
,
GIVEN UNDER ;MY HAND AND SEAL OF OFFICE this i.b� day of
��1,e� T , 20 r?'�' . ,
No r Pu ic in and for the
State of ��t�
Tier II ROW Encroachment Agreement
�o�"�s'Yo"',� IINDA�BUI
i c� �
:#';�:;F�Notary Publlc, State of Te�s
� y:. 'ra' Comm. Expiros 07-07-2028
�''�%;,°;,i�``� Notary Ip 124721523
Page 11 of 16
Revised ] 2/2022
.
Licensee:
Village Homes, L.P
a Texas limited liability company
by: DH Management, Inc.
a Texas corporation
.
by:
Michael Dike
President
Date: 7 �i�
,�
�
�
Tier II ROW Encroachment Agreement Page 12 of 16
Revised 12/2022
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
=��Q��raS _, on this day personally appeared �, � a,' � �� �, ,
f''� PS i c�-t't'� {- known to me to be the person whose narne 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 �� � �a LQ
a"r'�;�c �� M� ��`�.����i-Itit (ir��..n�n.a , and in the capacity therein stated.
GIVEN IJNDER MY HAND AND SEAL OF OFFICE this � day of
J� I � > 20�_.
; �:r:':"�; ; JENNIFER BARNES �I.SON
:,; � •: My Notary ID � 125584189
No ry Pu in and for the :�;;� �;.�'°� �� F��y 14, 2026
,of,
State of �� .�� _r _
Tier II ROW Encroachment Agreement Page 13 of 16
Revised 12/2022
EXHIBIT A
Depiction and description of the Encroachment
Tier II ROW Encroachment Agreement Page 14 of 16
Revised 12/2022
EXHIBIT "A"
EASEMENT ENCROACHMENT
Part of Lot 27, Block 7R, Stonegate Addition
Samuel C. Inman Survey, Abstract No. 640
City of Fort Worth, Tarrant County, Texas
DESCRIPTION, of a 267 square foot (0.006 acre) tract of land situated in the Samuel C. Inman Survey, Abstract
No. 640, City of Fort Worth, Tarrant County, Texas; said tract being part of Lot 27, Block 7R, Stonegate Addition,
an addition to the City of Fort Worth according to the plat recorded in Cabinet A, Slide 7586 of the Plat Records
of Tarrant County, Texas; said 267 square foot (0.006 acre tract) being more particularly described as follows
(Bearing system for this survey is based on the Texas Coordinate System of 1983 (2011 adjustment), North
Central Zone 4202, based on observations made on January 18, 2022 with a combined scale factor of 1.00012):
BEGINNING, at a point for in the northerly line of said Lot 27; said point being the most northerly northwest
corner of Lot 18 of said Block 7R and in the south line of Lot 34X, Block 8R-1, Stonegate Addition, an addition
to the City of Fort Worth according to the plat recorded in Instrument No. D224018123 of the Official Public
Records of Tarrant County, Texas; from said point a 1/2-inch iron rod found for an angle point of said south line
of Lot 34X bears along a curve with a radius of 183.35 feet and an arc distance of 117.03 feet;
THENCE, South 45 degrees, 33 minutes, 17 seconds East, departing said south line of Lot 34X, along said
northeasterly line of Lot 27 and the west line of said Lot 18, a distance of 14.01 feet to a point for corner;
THENCE, South 85 degrees, 12 minutes, 18 seconds West, departing said northeasterly line of Lot 27 and said
west line of Lot 18, a distance of 21.72 feet to a point for corner;
THENCE, South 63 degrees, 54 minutes, 40 seconds West, a distance of 22.49 feet to a point for corner in the
northwesterly line of Lot 27 and in the southeast line of Lot 19R of said Block 7R;
THENCE, North 44 degrees, 26 minutes, 43 seconds East, along said northwesterly line of Lot 27 and said
southeast line of Lot 19R, a distance of 23.38 feet to a point for corner in said south line of Lot 34X; said point
being the east corner of said Lot 19R and the beginning of a non-tangent curve to the right; from said point a
5/8-inch iron rod with yellow cap found for an angle point in said south line of Lot 34X bears along said cunre
with a radius of 183.35 feet and an arc length of 22.25 feet;
THENCE, in an easterly direction along said northwesterly line of Lot 27, said south line of Lot 34X, and said
curve, having a central angle of 05 degrees, 03 minutes, 56 seconds, a radius of 183.35 feet, a chord bearing
and distance of North 72 degrees, 40 minutes, 35 seconds East, 16.20 feet, an arc distance of 16.21 feet to the
POINT OF BEGINNING;
CONTAINING: 267 square feet or 0.006 acres of land, more or less.
(A survey plat of even survey date herewith accompanies this description.)
The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing description
accurately sets out the metes and bounds of the easement encroachment tract described.
1�,,�,�—�:.,, ���-�.,,-,�l 2024-02-15
Dustin C. Pustejovsky Date
Registered Professional Land Surveyor No. 6690
Westwood Professional Services, Inc.
9800 Hillwood Pkwy #250, Fort Worth, TX 76177
(817) 412-7155
TX Reg. Surveying Firm LS-10074301
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PRIVATE ACCESS EASEMENT
0 5 10 2� � (INST. N0. D224018123) 1/2-INCH IRON
d=5'03�56" LOT 34X, BLOCK 8R-1 ROD FOUND (C.M.)
GRAPHIC SCALE IN FEEj R=183.35' STONEGATE ADDITION
� L=16.21' �INST. N0. D224018123) � .
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— ' CD=16.20� STONEGATE ADDITION
15' PUBLIC SEWER EASEMENT (CAB. A, SL. 7586)
(INST. N0. D224018123 i S 45'33�17" E
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The undersigned, Registered Professional Land
Surveyor, hereby certifies thot this plat of
survey accurately sets out the metes and
bounds of the easement encroachment tract
described. �
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1. A metes and bounds description of even
survey date herewith accompanies this plat
of survey.
2. Bearing system for this survey is based on
the Texas Coordinate System of 1983 (2011
adjustment), North Central Zone 4202, based
on observations made on January 18, 2022
with a combined scale factor of 1.00012.
[�• �",. �. �.�`--�, 2024-02-15 " s u �� "
Dustin C. Pustejovsky Date
Registered Professional n( REG. ENGINEERING FIRM F-11756
Land Surveyor No. 6690
TX REG. SURVEYING FIRM LS-10074301
INestwood g�R sw� 50 ODX 7KWY, STE 250
DRAWN BY CHECKED BY SCALE DATE JOB NUM�ER
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EA►SEMENT
ENCROACHMENT
PART OF
LOT 27. BLOCK 7R. STONEGATE ADDITION
SAMUEL C. INMAN SURVEY. ABSTRACT N0. 640.
CITY OF FORT WORTH, TARRANT COUMY, TEXAS
PAGE 2 OF 2
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PROFILE: SS-1
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WALL DETAIL
I TX REG. ENGINEERING FlRM F-11756
� TX REG. SURVEYING FIRM LS-10074301
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9.5
CITYOFFOR"f WOIZ'fll WATERDEP��I?TMSNI INS7�ALLATION POLICI" �NI)DI—:SIGN CIZITERir\
REQUEST FOR VARIANCE FORM
WATER DEPARTMENT POLICY/DESIGN STANDARDS
REQUEST FOR VARIANCE FORM
TO: Water D�artment Director
PROJECT NAME/ADDRESS: STONEGATE TOWNHOMES
PROJECT/STUDY NUMBER: 104308 DATE: 03/12/2024
We hereby submit for your consideration the following variance request for the above project:
SECTION NUMBER/TITLE SUBSECTION DESCRIPTI4N
Proposed Variance: Sanitary Sewer line being located within the retaining wall's zone of influence.
Reason for Variance Request:
The variance is being requested due to the encased sanitary sewer line being within the retaining wall's
zone of influence.
Include complete justification for request for variance from Water Department Policy/Design
Standards. Justification request must meet all requirements set forth in Section 9. If justification
is included in the cover letter, or requires additional pages, describe or reference here.
Requested By:
Printed Name M�tthew Zamaripa
Signature �l(��
F'j� WESTWOOD
AdCl1'eSS 9800 Hillwood Parkway, Suite 250
Fort Worth, TX 76177
Date 03/12/2024
Email matthew.zamari pa@westwoodps.com
Phone 817-797-1316
For Use by City:
Variance Log Number VAR24-042-A
For Use by City:
� Recommended for approval
Recommended for approval with exceptions
Not recommended
Water Department
StaffRecommender Subv Varuclhese
Signature Sc�t�iy Ya�uA�e� F'. �
Date osi22�2o2a
Remarks see comments on plan and profile
x Approved
Rejected
Signature S�y Y�'���' �'• �
� )
Date 05I22/2024
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EXHIBIT B
Certificate of Insurance
Tier II ROW Encroachment Agreement Page 15 of 16
Revised 12/2022
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