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HomeMy WebLinkAboutContract 61768Date Received: 7/29/2024 Record Number: PN24-00105 Time Received: 1:17 p.m. City Secretary No.: 61768 PUBLIC PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMENT TIER II 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 Alan J. Shipman and Roxanne D. Shipman, ("Licensees"), acting by and through its duly authorized owners. RECITALS WHEREAS, Licensee is the owner of the real property located at 1100 Hidden Road, Fort Worth, Texas 76107 ("Property"), being more particularly described as, Lot 1, 1B, of Pebble Creek Addition, a division of part of Block 24, Rivercrest, as recorded in Deed Records, by Instrument Number D 196126796, in Tarrant County, Texas, and; WHEREAS, the City owns a sanitary sewer and storm sewer easements and 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, Volume 888, Book 88, Pages 52- 53; 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 OFFICIAL RECORD Tier 11 Easement Encroachment Agreement CITY SECRETARY Page t or 13 FT. WORTH, TX Revised 12/2022 on Exhibit "A," but only to the extent shown thereon, for the purpose of constructing, installing, and maintaining a portion of an existing structure, wood elevated deck (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. 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. 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. 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. Tier II Easement Encroachment Agreement Page 2 of 13 Revised 1212022 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 Burn 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. 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 Tier II Easement Encroachment Agreement Page 3 of 13 Revised 12/2022 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. J1 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 "C." The amounts of such insurance shall be not less than S1,000,000 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 Tier 11 Easement Encroaclunent Agreement Page 4 of 13 Revised 12/2022 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 Iocated. 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 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 coney 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. Tier II Easement Encroachment Agreement Page 5 of 13 Revised 1212022 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. Is. 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 13 Revised 12/2022 City: CITY OF FORT WORTH ,7vi'e Momles poi - By: Janie Morales for (Jul 25, 202411':43 CDT) D.J. Harrell, Director of the Development Services Department Date: ATTEST: Ju125,2024 Jannette Goodall, City Secretary Date: Jul 29, 2024 q9 �qn a 0 1 EORT d i-o PV8 °=d Opn� nEXp`oo4p Licensee: Allan J. Shipman C By: Name: Allan J ipman Title: Property Owner Licensee: Roxanne D. Sh' an By: Name: Rosanne D. Shipman Title: Pro erty caner Date: 1 2 V Approved As To Form and Legality �a a.�y A.aaia-h1¢.cea.£ Jeremy Anato-Mensah Assistant City Attorney Date: Jul 25, 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 Diane ewer (Jul 25, 202410:42 CD 1) Rebecca Owen Development Services Date: Jul 25, 2024 OFFICIAL RECORD Tier II Easement Encroachment Agreement CITY SECRETARY Page 7 or 13 FT. WORTH, TX Revised 12/2022 y;'J by 1alli�_;>L!J ;may 1f r'LIJ R IM IN r41IJ N N 10, Kai a a ly 011 MO OKI R A" 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 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 25th day of July 52024 , Notary Public in and for the State of Texas o�PRYP�e WENDY L BEARDSLEE _ p Notary Public + + STATE OF TEXAS N9�000OFVVV�+Q. Notary I.D. 13323719-3 ' My Comm. Exp. July 28, 2025 ' After recording return to: Development Services Department Development Coordination Office 200 Texas Street Fort Worth, Texas 76102 Tier II Easement Encroachment Agreement Page 8 of 13 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 Allan J. Shipman, Property Owner 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, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 20 ZL +• • AMY MOONEY Notary Public p an�d2 the =�' 'M Notary ID #130723706 �a.e�` My Commission Expires State of TEXAS June 30, 2028 'Pier II Easement Encroachment Agreement Page 9 of 13 Revised 12/2022 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, ❑n this day personally appeared Roxanne D. Shipman, Property Owner known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he ❑r she executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of �! AA1Y MCtON£Y r Notary Co ip #13n Expire Und My Commission Expires June 30, 2028 Notary � ublic for the State of TEXAS Tier II Easement Encroachniezit !Agreement Page 10 of 13 Revised 1212022 EXHIBIT A Depiction and description of the Encroachment Tier II Easement Encroachment Agreement Page 1 I or 13 Revised 12/2022 9701 SUNSET RIDGE DNE 5103 ROC"TEXAS752 SURVEY PLAT nRIA RGISATION NM 1019436E BURNS i BARRY S. RHODES Registered Professional Land Surveyor (214) 325--1090 OSURVEYING This is to certifyy that I hove, this date, made a careful and accurate survey on the ground of property located at 1100 HIDDEN ROAD in ,thy Cifv of F'nRT WCIRTH Texas. Being Lot One (8) (1—B), of Pebble Creek Addition, a subdivision of part of Block Twenty —Four (24), Rivercrest, an addition to the City of Fort Worth, Tarrant County. Texas according to the plat thereof recorded in Volume 388-85, Page 52, Deed Records. Tarrant County, Texos. POx•H DEtNL NOT TO SCALS I I JACTOP Cr eAL---- REI6SIDN O•U� 202i THIS LOT PER PUT DW31 NOT MATHE"TICALLY CLOSE, eOUN5ARY IS PER E00L?10E FOUND ON SrfE T195 CERTIFICATION DOES NOT TAKE IWO CONSIDERATION ADDTDONAL FACTS RSAT AN ACCURATE TRLE SEARCH AND OR EXAkINATION MICNT DISCLOSE. s 2—B r t 1—A 1 1 H $4 24' 32 j 150 32 APPROX. LOCATION , 5' TESCo UYDERCROUND I I AERV.CE AGREEMENT VOL. e506. PG. 045 A5 5HOWN Hy SURVEY I BI I PREPARED 9Y FULTON SDRvLY.NG I 1 -op DATED OT-17-1996 OF EWN K JS , 20' SANITARY F SEH4R AND STORM SEWER EASEYeNi I - I I I wD r' p•5-.07y 1 2—A Qr FRAVE W p i ' POOL IN _ P 87fl7001 E . 7tis AC g10.0' ON D� EI:NER 5D IC Or tULNHO�E TYP' W Go mJ ¢ m t i_i Q 6 APPRO% LOCCON OF-\ VoL. 5536,E PG. 773 UjMX 5 78rOp'00 \ � P«BBLE CRE:K A7piT:OV. VOL- 3W_H, P0. 397 The plet henen T. 4uy mFre end eeeureia npreeantellan el the PFapvty 9e dOAMIMad by eumy, the llnae an4 dlmanel9ne of sold pr9per4r be[nq oe IndN.otad 6y the plpt:tha e10 —.M and L1'Pe IN bAdlnq end ImprewmenL OM de eh9en, aR Impmwmend Wlnq rnhln Sire baundmin 9f the p mpedy, wl hock }rom wp pf" IIM" the datur n 1r4;P;ta4. or V1011blra e and pppant eoamarne. TITLE AND ABSTRALMNO WORK FURNISHED BY R/A MERE ARE NO ERCROACHMETiTS, CONFLICTS, DR PROTRUSIONS, EXCEPT AS SHOMH. Scala: USE OF THIS SURVEY FOR ANY CWFI: PURPOSE pair. O4J16/2< OR MER PARTTES SHALL BE AT THEIR WSK AND UNDERSIOHEO IS NOT RESPONSIBLE TO OTHER FOR C. F. Sox aH ANY' LOSS RESULTING THEREFROM. THIS SURVEY WAS PERFORMED EXC )SNIE Y FOR Job n 202402954 ROXANNE AND ALN! SHIPMAN e2`o D nc R]Q -K- ntl - � 5 b QSVq JpT O+ry' Fal kd rpLV prp rcLn-rn.E1 Tar s• :.� •r i r�r mi td Iwo M1IA"4a ]fa ra, KPxl W1 fir] 'n;n' •T pRrl� - w r. u - Pde]I IaL ra M2evc �c.croc - IAn niE - eF'FA YE'19 wirC.F n'!Y Y, { fAIIFS rgRl� S� aF rF ..l1ARRY S RHO,vO�ES to slia�� Dmwn by: iM 2701 SUNSET RIDGE DRIVE, STE. 303 ROCKWALL, TEXAS 75032 FIRM REGISTRA71ON NO. 10194366 EXHIBIT A GNCROACIIMINT LASL.HDT I IOa HIDDEN ROAD, FORT WORTH. TARRANT COU\TY.TX 76107 (FILING PENDING) 0 BURNS SURVEYING 1 OF 2 LOT 1-B. BLOCK 24 PEBBLE CREEK ADDITION VOL. 31515--86, PG. 52 P.R.T.C.T. LOT 2-A, BLOCK 24 PEBBLE CREEK ADDITION VOL, 388-86. PC. 52 �pLACE QF PROPOSED ENCROACHMENT EASEMENT P.R.T.C.T. 8 SQUARE FEET BEGINNING r0.000183555 OF AN ACRE OF LAND. 3 mwQ-,-$C5 M (y ^ Q❑ N 87-07'00' E 50.00 LOT 1-9, BLOCK 24 PEBBLE CREEK ADDITION VOL. 388-86, PG. 52 P.R.T.C.T. UJ PLACE OF COMMENCEMENT (CM) SW CORNER OF LOT i-B, BLOCK 24 PEBBLE CREEK ADDITION VOL. 388-86, PG. 52 P.R.T.C.T. NOTES: 1) Bearings shown hereon are referenced to the Texas Coordinate System of 1983, North Central Zone (4202). and are based upon the North American Datum of 1983 (NAB 83), 2011 Adjustment, Epoch 2010. 2) All distances and coordinates shown hereon are U.S. Survey Feet adjusted to grid, unless otherwlee noted. LEGEND MRD - MONUMENT OF RECORD DIGNITY Cis - CONTROL MONUMENTS 01/2' IRON ROD FOUND BARRY S. RHODES (05-28-2024) ;; pOINT FOR CORNER Registered Professional Land Surveyor No. 3691 Scale: 1" .. 20' 202402954 -01 HARRY S. RHODFS Job no.: REGISTE REDPROF ESSIONAI LAND SURVEYOR Drawn b 2701 SUNSET RIDGE DRIVE., STE. 303, ROCKWALL,TEXA5 75032 Y B� PHOXE:214726-1090 LINE TABLE LINE LENGTH BEARING L1 10.42 N05'17'57"E L2 1.63 N66'34'480E L3 10.45 S1528'25"E L4 10.35 N24' 25' 19 "W i... ..BARRY...S.­RHODES .%3691.,PV;:.,.. ' EXHIBIT A 27D1 SUNSET RIDGE DRIVE, Sri. 303 ROCKWALL, TEXAS 75032 FIRM REGISTRATION NO. 10194366 I�►ly:i�7_L�]:1►f�►�ry69�►i�►�>r EICROACILHEN'r EASLIALST 1100 HIDDEN ROAD, FORT WORTH, TARRAN-r C011A7Y,TH 76107 [FILT\G PENDLNG] BURNS SURVEYING 2OF2 Being a part of Lot One (B) (1-8), of Pebble Creek Addition, a subdivision of part of Block Twenty —Four (24), Rivercrest, an addition to the City of Fort Worth, Tarrant County, Texas according to the plat thereof recorded in Volume 388-86, Page 52, Plat Records, Tarrant County, Texas (P.R.T.C.T.), being a portion of a tract of land described in deed to Alan J. Shipman and Roxanne D. Shipman, husband and wife, recorded under Instrument No, D196126796, Deed Records, Tarrant County, Texas (D.R.T.C.T.), and being more particularly described by the following metes and bounds description: COMMENCING from a 1/2 inch iron rod found for corner at the Southeast right--of—way corner of Pebble Creek Road, in the North line of Pebble Creek Addition, an Addition to the City of Fort Worth, Tarrant County, Texas, according to the Plat thereof recorded in Volume 388—H, Page 397 (P.R.T.C.T.), at the Southwest corner of said Lot 1—B; THENCE 02 deg. 53 min. 00 sec. West, a distance of 100.89 feet to a point for corner in the South line of Lot 2—A of said Pebble Creek Addition (Vol. 388-86, Pg. 52), at the Westerly Northwest corner of said Lot 1--13; THENCE North 87 deg. 07 min. 00 sec. East, a distance of 50.00 feet to a point for corner at the Southeast corner of said Lot 2—A; THENCE North 05 deg. 17 min. 57 sec. East, a distance of 10.42 feet to a point for corner, being the Northwest corner of herein described Encroachment Easement, and being the PLACE OF BEGINNING; THENCE North 68 deg, 34 min. 48 sec. East, a distance of 1.63 feet to a point for corner; THENCE South 15 deg. 28 min. 25 sec. East, a distance of 10.45 feet to a point for corner; THENCE North 24 deg. 25 min. 19 sec. West, a distance of 10.35 feet to the PLACE OF BEGINNING and containing 8 square feet or 0.000183655 of an acre of land. BARRY S. RHODES r BARRY S. MODES (05-28-2024) Registered Professional Land Surveyor No. 3691 Scale: 1" - 20, BARRY S. RHODE$ Job no.: 202402954-01 REGISTERED PROFESSIONAL LAND SURVEYOR Drawn b BM 2701 SUNSET RIDGE. DRIVE, STE. 303, ROCKWALL, TEXAS 75032 y' PHONE: 214-326-1090 z 02 oz LINE OF 20FT EASEMENT 2X5 WOO[ DECK WOOO DECK 1j (BELO;N) EDGE OF HOUSE DISTANCE OF ENCROACHMEN MAX ENCROACHMENT 1,6FT REFER SURVEYOR DRAWINGS FOR MORE INFORMATION ON DISTANCES I r r i DETAIL PLAN SCALE: 118" = V-0" 2X6 WOOD DECK BOARDS (3) 2X12 WOOD MEMBERS WRAPE❑ IN SHEET METAL 2X6 WOOD TOP RAIL WITH 2X4 WOOD SUPPORT BELOW (2) 2X12 WOOD MEMBERS WRAPE❑ IN SHEET METAL 1.5"x1.5" WOOD RAILS AT 6" ON CENTER 12'-31' O 5��s� DECK--� --1 MANHOLE RIM 585.20 EARTH (BEYOND) a RAWI N G SCALE: 114" = V-0" 3.5"X3.5" POST (BEYOND) BOLTS LVL WOOD BEAM 14" DEEP X 6" WIDE WRAPPED IN SHEET METAL & PAINTED 4" OD STEEL PIPE ANGLE SUPPORT Cm WITH WELDED CAP PLATES STONE WALL CONCRETE BAG RETAINING WALL BEYOND LINE OF EASEMENT. WALL IS NOT IN THE EASEMENT. I= =1 -SANITARY SEWER i I I I i MANHOLE (BEYOND) Project 1100 Hidden Road, Fart Worth, Texas, #®source 76107 05/31 /2024 BRIGATI architecture + design EXHIBIT B Franchise Utility Letters 'Pier II Easement Encroachment Agreement Page 12 of 13 Revised 1212022 AT&T Texas- ROW 117 W Columbia St Weatherford, TX 76086 July 2, 2024 Tarrant County — Pebble Creek Addition 1100 Hidden Road, Fort Worth Utility Easement Encroachment Request In response to the request for the encroachment on a portion of the utility easement running north south direction along the west side of the property, Southwestern Bell Telephone Company, dlbla AT&T Texas, has no objections to the requested encroachment for an elevated wood deck as shown on the attached sketch. Easement found in Tarrant County Clerk Files recorded as Volume 388-86, Page 52. 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. Please let me know if you have any questions. Sincerely, kk,t.txno. 0.leg440. Melissa McElyea AT&T - Manager Eng - ROW 817-7I 8-4055 , n UL 3M SURVEY PLAT BURNS T= reel eo. 11e` 1SURVEYING BtRRY S. RHOOES Registered Professional Land Surveyor (214) 326-1090 i'hFF H ke eeRiFr that have. this dalr, mode a careful and accurate surrey on the =md of property located of t1a0 M©OQI RdtO In the Gn, nr FrSfrT rK%M Texas. Being Lot One {B� (t-B , of Pebble Creek Addition, a subdivision of part of Block Twenty -Four (24), Rivercrest, innaddition to the City of art Worth, Tarrant County, Texas according to the plot thereof recorded in Volume 308-06, Page 52, Deed Records. Tarrant County, Texas. , 'l i-A N ga'24 52 50132' AMOL Lor>;hor I us�R ' s. woewKNO la i VOL 65w M "a 1— FFDMm w ruuor wF.rrwaDAM RNF 91-17-IM !f wu tT ANC k. SD r Lft 2-A era » 1 N 8707'001 E 50.t7t1' kOf MWA= mL Q L,J O Jf g VOL nx PQ 373 .. S INS, 171,10 g 7iS00*00 eOWN TO� 7eF NL F�oan�nrlL k r---- - -� I i I - --� %A G I Tw of ftkw—. L___-____ —V;J FEW,Ow 06/DR-n- M INS I'm om ow 00m xuf WHOWMALLY 0DIR e00dwy Is Pot MOD= FOUM ON F„C Me GENW An0N1 OOFI NO 749 FRO 0010GENUM NA>FFNL FAI M a N1 FCaA= Tru !FAWN me opt Lana oaacFc :1= w wa Dr', "d aY T7,Yx�N e, tfr �4 k tea. r. w w --- ee a.0 F,.rry ew.F r r�dwwd yr �.. pacxr urr w4su" My " M RiYy OW k aa.w.... // M RN1wR / NM�F�M`n4 W7 wF1Ne M k•FmNF,M d W Fry %' NM tlwa tiF bak t � NFFwb Fwn a iYOw" WARWWC K 4.6% G" ~Peewee Oe ~d. rw.1 VU AND AlyrnrCTOM NSW K RNeNtD R K%A ',y`_ TWM ARE NO OIalOWNWnR COWW731 ON PW(nF>GaN$[>XiTr rGe IL F. Al 9NaNFL Jigs UKUKof 7,I! lLRNCr NM ChW1 r� D.W. O aN24 UN ODG! ARKS 'r Al K er Ar ,1 1Q onla re0 �IS,L7FF: rlflar7tr,1NL [x 1wF,PFwFNrR-rFi Mee: r" AR.1['r " rGNxrFN4m OMUSMmy FOR 20JA 454 pox"c N9 MIN "VM rN N[ 59 ee., :wf YELLOW HLGHLLGHEO AREASHOWS ENCROACHMENT. ENCROACHING rrEM IS B SOLIARE FEET OF AN E)R5TING, ELEVATED WO00 DECK FROM 1078 AL J%aTMOS energy June 20, 2024 Roxanne & Allan Shipman 1100 Hidden Road Fort Worth, Texas 76102 Re: Encroachment into Utility Easement- 1100 Hidden Road Upon your request T 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, x� Bobbv ❑nev Project Manager Bobby Oney Project Manager Atntos Energy Corporation 100 West Momingside Fort Worth, Texas 76110 Spectrum 6/20/2024 Lindsey Brigati Boren, AIA Brigati, PLLC Owner, Architect SUBJECT: Plat Review —1100 Hidden Road Regarding the property located at or near 1100 Hidden Road Fort Worth TX, 76107 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 1)l.-N'1'X-Extcrnal- RcgUestsrrucharter.cnm. Please share this information with whoever needs these services. Sincerely, curtw Tray Hopson I Business Development Specialist 1(0) 817-29&35U Cep 682.999-2989 8545 Airport Freeway 91081 North Richland Hills I TX 76160 ONCOR Electric Delivery L.LC 777 Main St. Suit* 707 Fort Worth, TX 76102 B17-215.5301 NC R Ally Setancur Bight of Way Analyst June 19, 2024 Customer / Contractor Name: Roxanne and Alan Shipman Street Address: 1100 Hidden Road City / State / Zip: Fort Worth / Texas / 76107 Re: Encroach a Drainage Easement: Lot One B (1-13) of Pebble Creek Addition a subdivision of part of block 24, Rivercrest, an addition to the City of Fort Worth according to the Plat recorded in Volume 388-86, Page 52 deeds records Tarrant County, Texas Roxanne and Alan Shipman, In response to the email dated June 18th, 2024, sent by Lindsey Boren of Brigati PLLC on your behalf, oncor Electric Delivery has no objections to the encroachment of the elevated wooden deck on the sewer and drainage easement located on the property line of 1100 Hidden Road Fort Worth, Texas,76107 better known as PEBBLE CREEK ADDITION Lot 113. Sinc Ally Be �ancur Right of Way Analyst (ENCLOSURE: EXHIBIT A) 2701 SUNSET RIDGE DRIVE, STE, 303 ROCKWALL, TEXAS 75032 FIRM REGMTRATION NO, 10194388 EXHIBIT A ENCROACHMENT EASEMDrr 1140IILMnN ROAD, FORT WORTH, TARRANT COUrNW TX 76107 ql LrM PENm.'4M 1 OF 2 LOT 1-8, BLOCK 24 PEBBLE CREEK ADDITION VOL_ 38B-86, PC. 52 P,R.T.C.7. LOT 2-A, BLOCK 24 PEBBLE CREEK ADOMON VOL 358--80, PC. 52 PLACE OF PROPOSED ENCROACHMENT EASEMENT P,R,T.C.T. BEGINNING 6 SQUARE FEET n rO.000183655 OF AN ACRE OF LAND, C LLJ MW Q �t2g h. N BTOVOO" £ 50.00, LOT 1-8, BLOCK 24 PEBBLE CREEK ADDITION VOL 388--BB, PG. 52 P.R.T.C,T. W PLACE OF COMMENCEIVENT� (CN) SW CORNER OF LOT 1-13, BLOCK 24 PEBBLE CREEK ADDITION VOL 388--96, PO. 52 P.R.T.C.T. NOTES: 1) Bearings shown hereon are referenced to the Texas Coordinate System of 1983. North Central Zone (4202), and are based upon the North Amerkan Datum of 1983 (NAD 83). 2011 Adjustment, Epoch 2010, 2) All distances and coordinates shown hereon are U.S. Survey Feat adjusted to grid, unless otherwise noted. LEGEN D MRD - HORWEVT OF RECORD D2W CM - CONTROL NONUiEN7S 01/2' IRON ROD FOUND BARRY S. RHODES (05-28-2024) apoINT Fat CWNDt Registered Professional Land SufveyorNo. 3691 Scale: 1' " 20' 202402954-01 RARRYS,RHO DBS Job no.: REGISTERED PROFESSIONAL LAND SURVEYOR Drawn by: 8Ai 2701 SUNSV RIDGE DRIVE, ST@. 303, RpCKWALL, TEXAS 7SO32 x PIIONE:214_32&1090 LINE TABLE LINE LENGTH BEARING L7 10.42 N05'17�7"E L2 1.63 N66'34 +48-E L3 10.45 S15'28'25"E L4 10.35 N24 25'1A"W EXHIBIT C Certificate of Insurance Tier II Easement Encroachment Agreement Page 13 of 13 Revised 1212022 nmrnur i mu rnum i no nr¢ mva. c nc unna Mr 1 n.vr.� d ­14 MA um.uruM Haul i I W14n run mo Insurance, - A 11%crty Mutual Company AMERICAN ECONOMY INSURANCE COMPANY (A SAFECO Company) Administrative office: 175 Berkeley St., Boston, MA 02116 (A stock insurance company.) HOMEOWNERS POLICY DECLARATIONS POLICY NUMBER: OY8412986 NAMED INSURED AND MAILING ADDRESS: ALAN JOYCE SHIPMAN 1100 HIDDEN RD FORT WORTH TX 76107-1535 Valued Homeowners Customer Since: JUNE 11, 2021 INSURED LOCATION: Same I IMPORTANT MESSAGES POLICY PERIOD: FROM: JUNE 11, 2024 12:01 A.M. TO: JUNE 11, 2025 12:01 A.M. AGENT: HIGGINBOTHAM PO BOX 908 FORT WORTH INS AGENCY INC TX 76101 POLICY SERVICE INFORMATION: TELEPHONE: (817) 336-2377 E-MAIL: CLMAIL@HIGGINBOTHAM.NET WEBSITE: www.higginbotham.net - Your policy has renewed effective June 11, 2024. - THIS POLICY CONTAINS A SEPARATE DEDUCTIBLE FOR WINDSTORM OR HAIL LOSSES. - The dollar amount of each percentage deductible is calculated by multiplying the Coverage A, B or C limit of liability shown in your Declarations by the deductible percentage amount. As a result, the calculated dollar amount of each percentage deductible will increase if the Coverage A, B or C limit of liability increases and will decrease if the Coverage A, B or C limit of liability decreases. LIMITS OF LIABILITY (Policy Section I - Property Coverages and Section II - Liability Coverages) Coverage A — Coverage B — Coverage C — Coverage D — Coverage E — Coverage F -» Dwelling Other Personal Additional Personal Medical Structures Property Living Liability Payments Expense $762,800 r84,140 $504,840 $152,560 $500,000 $5,000 The following deductibles apply unless otherwise stated within the policy. DEDUCTIBLE(S) PERCENTAGE AMOUNT Section I, except as noted below 1% $ 7,628 Windstorm or Hail Deductible 1% $ 7,628 Section I - Loss Assessment N/A $ 50o Esc of Water from Sump (Bldg/Contents) N/A $ 7,628 Refrigerated Spoilage N/A $ 100 PREMIUM BASIC COVERAGES $ 5,860.00 OTHER COVERAGES, LIMITS AND OPTIONAL COVERAGES $ 352.00 DISCOUNTS AND SURCHARGES You Saved $1,062.00 Included TOTAL POLICY PREMIUM: $ 6,212.00 Premium Payer: Insured CONTINUED ORIGINAL urNIA IMMMIMo iron n....... -9 a r%ATC MMCGAMEm. AGM 7 nnnA