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HomeMy WebLinkAboutContract 61772Date Received: 7/30/2024 Time Received: 4:16 p.m. Record Number: PN24-00092 City Secretary No.: 61772 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 Michael Wayne Decker and Sherry Lynn Blankenship Decker, acting by and through its duly authorized property owners. RECITALS WHEREAS, Licensee is the owner of the real property located at 8509 Sunset Cove Court, Fort Worth, Texas 76179 ("Property"), as being more particularly described as, Lake Country Estates, Lot 17, Block 17A, an addition of Tarrant County, TX, as recorded in Deed Records, by Instrument Number D221236019, in Tarrant County, Texas, and; WHEREAS, the City owns a sanitary sewer 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 as plat number FS-96-143; 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 Tier II Easement Encroachment Agreement OFFICIAL RECORD Page 1 of 13 CITY SECRETARY Revised 12/2022 FT. WORTH, TX 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 pergola (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. 0 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 12/2022 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 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. 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 "C." The amounts of such insurance shall be not less than $300,000.00 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 II Easement Encroachment 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 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 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. Tier II Easement Encroachment Agreement Page 5 of 13 Revised 12/2022 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. 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 By: Dalton H+ u130, 202413:25 CDT) D.J. Harrell, Director of the Development Services Department Date: J u 130, 2024 onq� ATTEST: Oa p>e o9�d Goo .1P O CIg o=a as°n naoo ba4a Jannette Goodall, City Secretary Date: Jul 30, 2024 Licensee: Property Owners By: Name: Micha<<I Wayne Decker Title: Property Owner Date: 7/17/2024 Name: Sherry Lynn Blankenship Decker Title: Property Owner Date: 7/17/2024 Approved As To Form and Legality Jeremy Anato-Mensah Assistant City Attorney Date: J u 129, 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. Dwayne ffiollars -f-foro Dwayne Ho lars for: (Ju129, 202413:02 CDT) Rebecca Owen Development Services Manager Date: J u 129, 2024 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Tier II Easement Encroachment Agreement Page 7 of 13 Revised 12/2022 �iti*i� Y C I I.y V_l!i 1! ILIJ:itl Y 11''LI1 Yt �111:J1 Y\.I'll I 1 Y:IU 11 y 111''6titil 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 30th day of July , 2024. --------------- . O,�pP•YPUe� KATHLEEN BRADFORD 2 Notary Public �L 8Notary I.D. 12197197 � • + STATE OF TEXAS Kathleen Bradford (Jul 30, 20 4:06 CDT) 9�OF My Comm. Exp. Apr. 12, 2027 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 I1 Easement Encroachment Agreement Page 8 of 13 Revised 12/2022 STATE OF ly 5 § COUNTY OF h ccer' ri BEFORE ME, the undersigned authority, a Notary Public in and for the State of ey4 4 , on this day personally appeared Michael Wayne Decker, 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, as the act, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this /(0 J u I "1 , , 2024. t Notary Public in and for the State of C( 'N%ylP& TONI C. BLEVINS ?a4 "61 Notary Public, State of Taxes Comm. Expirss 01.20.2027 „°;, Notary ID 3494052 day of Tier II Easement Encroachment Agreement Page 9 of 13 Revised 12/2022 STATE OF § COUNTY OF § —� - BEFORE ME, the undersigned authority, a Notary Public in and for the State of on this day personally appeared Sherry Lynn Blankenship Decker, 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, as the act, and in the capacity therein stated. GIVEiN UNDER MY HAND AND SEAL OF OFFICE this ut 1 V / 2024. Notary Public in and for the State of ke X.C,/ C. BIEVINS �: Notary public Stats of T Exp(ras 01-20.2027 axes Notary Ip 3494052 day of Tier 11 Easement Encroachment Agreement Page 10 of 13 Revised 12/2022 EXHIBIT A Depiction and description of the Encroachment Tier II Easement Encroachment Agreement Page I I of 13 Revised 12/2022 FLOOD LEGEND ZONE SPECIAL FLOOD HAZARD AREA SUBJECT TO INDUNDATION BY THE 1% ANNUAL CHANCE FLOOD. NO BASE FLOOD ELEVATION DETERMINED ZONE AE SPECIAL FLOOD HAZARD AREA SUBJECT TO INDUNDATION BY THE 1% ANNUAL CHANCE FLOOD. BASE FLOOD ELEVATIONS DETERMINED ZONE X (SHADED) AREA OF 0.2% ANNUAL CHANCE FLOOD; AREAS OF 1% ANNUAL CHANCE FLOOD WITH AVERAGE DEPTHS OF LESS THAN 1 FOOT OR WITH DRAINAGE AREAS LESS THAN 1 SQUARE FILE; AND AREAS PROTECTED BY LEVEES FROM 1% ANNUAL CHANCE FLOOD. ZONE X AREAS DETERMINED TO BE OUTSIDE OF THE 0.2%ANNUAL CHANCE FLOODPLAIN 1 T COVE COURT S U 1 V J� RIVATE STREET UTILITYANDCCESS A SLIDE3368 CABINET51 18' 5/8' IRF _ i r T z' tr`FT c;si. kSLIDE 336E N820 23 E 0s °o y f i n ro .� Z y�e i /r Yi _ � 20• BUILDING E . CABINET A. SLIDE 396E yg W LOT 17, BLOCK 17A L13� LAKE COUNTRY ESTATES 0 CABINET A, SLIDE 3368 LOT 16. BLOCK 17q LAKE COUTWO STORY BRICK AND NTRY ESTATES CABINET A. SLIDE 3368 �e FRAME BUILDING �O S. UTILITY EASEMENT 3.0• %,a • aa5 a CABINET A. SLIDE 386E -- i CO LOT D. BLOCK 17A DRAINAGE AND UTILITY EASEMENT LAKE COUNTRY ESTATES SiJst BV. CABINET A SURE 336E TITLE COMPANY: Ratlikin G.F. NO.: 19-1257 ADDRESS: 8509 Sunset Cove Court. FortWorth. TX 76179 BUYER: James Bodeker SELLER: George Stafford The undersigned hereby states that this survey is true And correct. was made on the gromd pqr my suparvulon and all corners are marked as shown, SLAWS all Aslble and apparent and protrusions. According to Map No. 45439CO040K datedSeptember 75, 2D09 of the Natfuml FloodB ursuranoa Program Map, Flood Insumnce Rate Map of Tarrant County. Texas and Wx pwawAreas, Federal Emergency Management Agency. Federal Insurance Administration, Uds property fs braledin2one X (SHADED) and Is not within a special flood hazard area. If this site is nol Within an idemi6ed Special good hazard area. this flood statement does not imply that the properly and/or the structures thereon WIN be Irae from flooding or flood damage. On rare occasional, greater laws an and will Occur and flood heightsmaybe increased by man-made or nalural Causes. This DOW statement shall not create liability on ere parld the S."Sw This survey substantially complies With the Current Tessa SoofeLy of Professional Surveyors Standard and Spec fiaeons for a Category 1A, Condition II Survay. Surveyed on the groundApril 18. 2419 A -•Hard Surveying OF LEGEND ♦ EM ELECTNICMETER e WV WATER VALVE wM WATER METER ® GV GAS VALVE O Gle GAS METER O SSW SANRARYSEWERLMNIOLE O MH MANMOM W POWER POLE LS LIGHTSTANOARD O TR TELEPHONE RISER F WIRE FENCE t� WOOD FENCE �---0— C WLNKFSNCE $—A— IRON FENCE UG UNDERGROUND OHU OVERHEAD UTInY M FIRE HYDRANT ET ELECTRICTRANSFORLE9 SS SANITARY SEWER saw 9ANRARY SEMFA 4FA.Ltfi SnMH STORM SIWTAMAHw - SLOG aUILONG W/PERMAIE�� nTJi' �Tt SHED STRUCTURENEFt v0 pE3Dr.L=-=OLaG 'YY. AC Act UCOPIOHER DOSE PRO RP FOUNOCE FASJAE� IVF IRON TAPE FOUND IRE IRON RODFOIkq RS Se'mON ROO SET MA, RO `ROD RP IRA, MARKEO­WAAO ®CONTROL WAAOE RECOVERED, CONTROL MONUMENT CONTROL MOMp.ENi BEARINGS OR DISTANCE GNOAR NTT ARE FLAT N DEED fiat LOT D. BLOCK 17A DRAINAGE AND UTLRY EASEMENT LAKE COUNTRY ESTATES CABINET A SLIDE 33M °o n tic s •' Ayn � 1'� Q� o.. 6 i � Q 57-23"W 62.31 r ANY DECLARATION MADE HEREON OR HEREIN IS MADE TC TA ORIGINAL PURCHASER OF THE SURVEY. IT IS NOT 7R,.�.�4y�=_ TO ADDITIONAL INSTITUTIONS OR SUBSEQUEVT OYY.._� BEARINGS AND COORDINATES ARE BASED ON T'-IE 7Cr�5 COORDINATE SYSTEM OF THE NORTH AMERICty DA-y CC (2011) EPOCH 2O10. NORTH CENTRAL ZONE 42C'2 ; ,S SLss. FROM GPS OBSERVATIONS USING THE RTK COOPERA-.=_ NETWORK. s T faF?y LAND TITLE SURVEY r APeru Wand :••„°•;`"., Lot 17, Block 17A, LAKE COUNTRY ESTATES, an egsteled PfOfesslona,11IDrveyor, NG.5606 JAMES PAUL WARD Addition to Tarrant County, Texas, 2cmrd'_^c to ; .at .............................. Bthe-alisrwl ' 5606 recorded in Cabinet A, Slide 3368, Deed Re�r's of Tarrant All nghte reserved embossed. Orb document < ' 9 P' Copyright 2019 © Is an unauthorized Dopy 9� O•�.fS g10?-`� County, Texas and ntsuhould a presumed 4 S U RV �� ZO' O• teca.aspaperodo.rs. 4 6C ARD SURVEYING COMPANY 252 WEST MAIN STREET, SUITE F, AZLE TX 76020 GRAPHIC SCALE SCALE IN FEET 1 = 2(Y 817-33A-WARD (332-9273) 877-982-9273 `A -WARD PROJECT NO: JOB NO survey@a-wardsurveying.com TBPLS Firm No.10194435 cm) �; � 'A Nor ti 0.0 8517 '•�=� }• ,` Legend r f t County Boundary + -+ g. • r r� �Gy NCTCOG Froeways �' fT 1 • • t% 8358 1: 5:6: 6 • �.l 85,09 0 0.00 0.0 Miles Access Ramp Connecting Road — Mal or Anerial r. O� -- Minor Anerial t — Other `- — Primary Highway �— r Secondary Highway Service Road ir • Streets CFW ,; t t Parcels _J Lotsrrracts _ Building Footprints t ETJ BOA Cases Zoning Ougine Overlay Districts © <Null> • •� 21047 '1 AO Q APZ 1 -.1 •� Q APZ 2 t ❑ CIRCLE PARK 1. CZ DOWNTOWN URBAN MW CENTRAL IJ5W NORTH 135W SOUTH TCU Y Y TUP 1 Q TUP2 g�i — ❑ TUP 3 TUP4 TUP 5 TUP 6 [I TUP7 Historic Districts Lakes y T � y y4djacenl Cil� �aiss �) Se � �rc R 1 �@ ETJ Re Sewer Main —> Gravity '� --_— 1 ' —• ForcW 13/24 2:37 PM This prod,,d i,, inb � nary nut have been prepered for or be suitable for legal, engineering, or surveying purposes. The City of Fort Worth assumes no for data, responsibility the accuracy of sold 1 • 282 NCTCOG ORTHOPHOTOGRAPHY 1- i � • �J .• �. ��i mot. ��_i � � • t, • � Jr- � .ram �'� 1•It � � ,4.... .. r. .l 41 �'gottflu i:. •.tea - .����� A. ss..4t Aw 1,4 A r .'G/I +r i e 1� ti�4 .• r. l�v' ; •.. ` x•.r - sl .• - - � y4;�,r� it .i.. �,rl ! ti:� ♦ !^;� ��.� ` ♦ �. •� � .. * ._ t l R`ta a :» 1 ,. ► �M ;,� i °+j'�yyC t S 'r*► �^' l►��ly��t �. 1�,�7 y� { i � � , i i..� �f 1 ., f % �! r �',.��.. i� "� y��•� ?�li •11��;y`,'j�%�I��C+i r , r L a +i•f i �+" ,� r "C 1'�1 , e 11.�� rt! .�.s 1' �4 r s �• ,� • e•. `� ^,��a��'; �. I tr . ,•'�1.� „�1• i.r S'f' • �h/J �/ �" ����f . �s y I" R T e! i } t . lt�,. it as ,J�•- � �,.'."'�ti �A i .:.) i �• ,� ` � >> .fir \i/ �+�, f _ :ifL '� > F,:�. it �\ ..� � � lr;�... ^ , r, tA' .; . � • 1 `� �V4 �•� .� .►: ,' �' 3 1 SURVEY PLAT LOT 17, BLOCK 17A, LAKE COUNTRY ESTATES, an addition to Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 3368, Deed Records, Tarrant County, Texas. I I I I oo A � Z N 58"47'08" E (n -- f m I 44.99' i N cri� I N 6, CO LOT B I •s81 s 8256' T COVE COURT (PRIVATEEARABBLE WIDTH R.0 W. 1'.. 1. R. F. M 493 ��(" UTILITY&ACCESS EASEMENT) LOT 14 N 1/2" I.R.F. A' BLOCK 17A O Z C 'V w I ° 'dr''8 4 F I 4Z 15,90 E �8' LOT 15 N . 4 1S U I 40 O I BLOCK 17A CA Z Is0 14' 5/8" C.I.R.F. / I (,.I \ AWARD o I 3.1' n� (c.M.) I IS,\ LOT N9 o ss6 44 O I BLOCK1fi A 0 12. v 89' w o f r LOT 17 J 1/2" I.R.F. s \ BLOCK 17A p N 2 6 S 8 (DI TWO STORY J. LOT D d' 2 `S6'\ P BRICK �a�; BLOCK 17A sr�}�s,, 49•.32 4„ (v RESIDENCE S 8256 \3 i 70' —I J 32' 'Y �S\ 1 .3' °� O OF \CO AiOZ ICO C I �a0 i� 2 S6 6237 1/2" I.R.F.S (C.M) 82 S6 \ 41 NOTE: VOL. 114 3, PG. CARTER �632 4 THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE D. R. T. C. T. REPORT AND OTHER MATTERS OF RECORD MAY AFFECT THIS PROPERTY. THIS PROPERTY IS SUBJECT TO ANY AND ALL EASEMENTS, RIGHTS —OF —WAY, RESTRICTIONS, COVENANTS, CONDITIONS, ® RESERVATIONS, RULES AND ORDINANCES THAT MAY BE APPLICABLE TO SAID PROPERTY AND ANY PART THEREOF. NO EFFORT WAS MADE TO LOCATE BURIED OR UNDERGROUND UTILITY STRUCTURES DURING THE PROGRESS OF THIS SURVEY. TO LOCATE UNDERGROUND OR BURIED UTILITIES CALL 811. 0' 15' 30, 60' GRAPHIC SCALE IN FEET: 1" = 30' TO ALL PARTIES INTERESTED IN THE PREMISES SURVEYED: LEGEND: (3) SEWER/SEPTIC I, Michael W. Myers, Registered Professional Land Surveyor, of the State of Texas, do hereby O (IRF) — IRON ROD FOUND ur UTILITY RISER/BOX certify that I prepared this map or plat, and the accompanying field notes, from an actual and ® (IRS) —IRON ROD SET accurate survey of the land on the ground and to the best of my knowledge and belief is a 0 ELECTRIC TRANSFORMER true and correct delineation of that survey made by me or under my personal direction and O (GR) — CAPPED IRON ROD ® ELECTRIC METER supervision. There are no apparent encroachments or protrusions across boundary lines, A (c.M.) — CONTROL MONUMENT 0 WATER METER shortages of area or boundary except as shown. The only easements or rights of way that I• the undersigned has knowledge, are those as shown, however the property described hereon is —X—X— FENCE LINE ® GAS METER subject to any and oil easements, rights of way, restrictions, covenants, conditions, reservations —OH— OVERHEAD UTILITY LINES 99 AIR CONDITIONER and other matters of record, if any, applicable to said property and any part thereof. U.E. — UTILITY EASEMENT D.E. — DRAINAGE EASEMENT CT) _) UTILITY POLE ELL — BUILDING LINE FIRE HYDRANT Y� .OF , GENERAL NOTES: PIPELINE MARKER E,T F 1) Basis for Bearings being the Texas State Plane Coordinates �r $ re pF f9 System, North Central Zone (4202) Nad1983. . O •,N 2) All building dimensions, side ties and set backs are M ichael Myers, R.P.L.S. , , , , , , , , , , , , to the building foundation unless otherwise noted. exas Reg NNoo. 3 MICHAEL W. MYERS Surveyed on the ground: 07/02/24 • .. .. • .... M .. PROPERTY ADDRESS: OP 5803 ��:�� 8509 SUNSET COVE COURT °\ Note: This survey was performed in connection with the �� • S U R"� transaction described in: PROSPECT SURVEYING SURVEY 9231 BOAT CLUB RD., FORT WORTH TX 761.9 ATTN.: PH: 817-999-7386 FIRM NO. 10194267 DRAWN BY: SDS JOB NO: 24-545 (2) 11Z' O GALVANIZED OTT DETAIL C4 HILTI KWIKBOLT TZ (I= ESR 1917). .. EMBED PER BRACKET CENTERED ON BRACKET @ 4' OIC� )BEAM BRACKETS DETAIL D3 (2).14 SDS PER SIDE FOR UPLIFT FOOTING d=3B' (4) 914 SDS PER SIDE FOR L UPLIFT FOOTING d-4S" 2' IN �I MIN SPACING =2" FOOTER/SLAB MAX UPLIFT FOOTING SIZE IS d-43" F1 7" POST TO FOOTING/SLAB CONNECTION DETAIL UPLIFT ONLY POST LUM PMOSTSrRA ALUM POST �_SICTAPE APPEow • • •,• D / 3.8' CONCRETE SLOB 12-'AIN" D ; d ' • % , D •Q C(REQLA FORFooTrvcs) CONCRETE j D... d., ROOTER 3.T"IMIN STEEL BAR EMBEDDED 9' DEEP (ASTM A515 GRADE 80 N3 O R ASTM A397 %" STEEL COLT) DF3POST TO FOOTING DETAIL MOMENT RESISTING 4ETAILCl 1M1/2'O GALVANIZED HILTIKK BOLT TZ QCC ESR 1917)ETAIL DS Wl2' EMBEDMENT ANO 1"STEEL WASHER2)#14SMS AUPLIFT FOOTING / SIZE IS d=28" F2 POST TO FOOTING/SLAB CONNECTION DETAIL UPLIFT ONLY 61E`I' -.1-ca I6FAC�IH MDEf STUB DL CET — # I d / _ d d • 9 ° ( , Y FROM BOTTOM ARE PoR o M d ' d °4a—.UDCONIE' FOOTING F4 7" POST TO FOOTING DETAIL MOMENT RESISTING S • • • Q f a `o�J c d d d d4 SIDE VIEW CMPY CARL PUTNAM RE AMERIMAX "' DETAILS EXHIBIT B Franchise Utility Letters Tier 11 Easement Encroachment Agreement Page 12 of 13 Revised 12/2022 :m AT&T AT&T Right -of -Way 13845 FAA Blvd. Fort Worth, TX 76155 June 25, 2024 Michael Decker 8509 Sunset Cove Ct Fort Worth, TX 76179 RE: AT&T Letter of No Objection - Pergola Construction Lake Country Estates Addition — Lot 17, Block 17A — D197033640 Fort Worth, Tarrant County, Texas Mr. Decker, Southwestern Bell Telephone Company, d/b/a AT&T Texas, has no objections to the construction of the pergola on the property referenced above at 8509 Sunset Cove Ct. It is not the intent of this letter to waive any rights granted to AT&T in said platted utility easements 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 could be overhead and/or 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 or concerns. Sincerely, A >� A dbK.t�.. V Ray A. Garcia AT&T — Sr. Specialist OSP Design Engineer I Right -of -Way 817-550-7576 ray.sarcia@att.com �TMOS energy June 26, 2024 Mike Decker 8509 Sunset Cove Ct. Fort Worth, Texas 76179 Re: Pergola Site -8509 Sunset Cove Court, Fort Worth, TX 76178 in Tarrant County in the Lake Country Estates Addition. Mr. Decker: Atmos Energy's gas distribution pipeline serves the Lake Country Estates Addition and is in the road right-of-way at 8509 Sunset Cove Court. Atmos Energy Corporation, hereinafter referred to as "Atmos", has investigated your request to build a Pergola at 8509 Sunset Cove, as reflected by the official plat Lake Country Estates, an Addition to Tarrant County, TX and located in the B. B. B. & C. Railway Survey, Abstrat-221 Lot 17, Block 17A, recorded in Cabinet A, Slide 3368, Deed Records of Tarrant County, TX. Atmos has determined that there appears to be no Atmos facilities located within the property and property is served with gas from the front of the property and has no objections to the building of the Pergola at the back of the property. For safety reasons, please contact 811 to have the utilities marked prior to excavation or construction. Please let me know if you need further assistance. Kind Regard J Cheryl D nnahue Sr. Right of Way Agent, II 214.502.7512 Chervl.dunnahue@atmosenerciv.com Atmos Energy Corporation 5420 LBJ Freeway, Dallas, Texas 75240 % � \ NJ C `R emu,� � Date: 06/17/2024 Customer/Property Owner: Michael Decker Street Address: 8509 Sunset Cove Ct. City / State / Zip: Fort Worth, Texas, 76179 Re: 2024-3153 Pergola Encroachment: 8509 Sunset Cove Ct. Fort Worth, Texas 76179 Mr. Decker l have received your request to construct a Pergola at the above referenced location. A portion of the proposed Pergola will be within a 5' UE on the eastern property line of 8509 Sunset Cove Ct. Fort Worth, Texas, 76179. User may locate the Encroaching Facility in the right of way area, but only as described and shown on the attached drawing marked Exhibit "A", Exhibit "B" and Exhibit: "C" and incorporated herein at no time should any electrical source box (transformer, hand -hole or pedestal) be fenced in or encroached upon. Oncor has facilities located within the above -mentioned property. It is not the intent of this letter to waive any rights granted to Oncor in said right -of way except to permit this encroachment set out hereinabove. Also, this letter is not intended to release the builder of this encroachment, or the present owner, or future owners of the property from any liability arising out of the location of this encroachment. Oncor shall continue to have unrestricted access to, on and across the right of way. It is understood by owner, that when the electrical facilities in the area need repaired, replaced or upgraded, it will be owner's responsibility to remove any obstruction that interferes with Oncor's ability to perform the necessary work. Oncor maintains the right to utilize the entire right of way for its needs, and will not be responsible for any damages. Owner acknowledges and understands that Oncor maintains overhead and/or underground electrical facilities within the right of way. State law requires contacting Dig Tess by calling 811 for underground equipment to be located at least two (2) days before you dig. Dig Tess does not mark a precise location but is usually within four (4) feet of the actual location. Owner agrees to exercise extreme caution with respect to such electrical facilities. Please sign below confirming that you understand and agree to the requirements and return a signed copy back to me for my records. If you have any questions or need additional information, please contact the Oncor office at (817)215.5301. Sincerely, Ally Betancur Right of Way Analyst. Michael Pecker (Date) i Spectrum► 5/16/2024 Michael Decker 817-637-6665 mdecker@sbcglobal.net Ft. Worth, Tx 76179 SUBJECT: Encroachment of 8509 Sunset Cove St, Fort Worth Tx. Spectrum Communications hereby grants an encroachment for the purpose for the pergola in the 11'3 utility portion of the east easement. General Utility Easement associated with the property located at 8509 Sunset Cove St, within the City of Fort Worth, Texas. Spectrum Communications reserves the right to have access to any other applicable utility easements on the property for the purpose of future construction or maintenance. The owner and/or lessee of said property may also be responsible for the relocation/removal of any structure interfering with access to these easements, if necessary. Spectrum Communications currently has/does not have facilities within this easement. If it has not already taken place, please call 1-800-DIG-TESS to have facilities marked and located within affected easements before any excavations are started. For future reference, please send all utility coordination, abandonments, encroachments, plat signatures, or serviceability requests, or notices of relocation to forcerelos@kinetic-eng.com. Please share this information with whoever needs these services. Sincerely, 1 Chartor Troy Hopson I Business Development Specialist 1 (0) 817-298-3554 Cell 682-999-2989 8545 Airport Freeway #108 1 North Richland Hills I TX 76180 EXHIBIT C Certificate of Insurance Tier II Easement Encroachment Agreement Page 13 of 13 Revised 12/2022 Allstate. Jay Haidari 5899 Preston Rd #104 Frisco TX 75034-9587 'll"II'I'I'llllllllllllll'llll'llll'llllllll"II"IIIII"I'I'lll MICHAEL DECKER SHERRY DECKER 5520 DIDO HICKS RD FORT WORTH TX 76179-9424 Information as of June 28, 2023 Policyholder(s) Page 1 of 2 Michael Decker, Sherry Decker Policv number 1 416 522 4271 Your Allstate agency is Jay Haidari (214) 716-5174 jayhaidari2@allstate.com Thank you for being a loyal Allstate customer —we're happy to have you with us! Here's your House & Home insurance renewal offer for the next 12 months. We've also included a guide to what's in this package and answers to some common questions. Renewing your policy is easy Keep an eye out for your bill, which should arrive in a couple of weeks. Just send your payment by the due date on your bill. If you're enrolled in the Allstate® Easy Pay Plan, you won't receive a bill —we'll send you a statement with your payment withdrawal schedule. You also won't receive a bill if a mortgage company or lienholder pays your insurance premium for you. How to contact us Give your Allstate Agent a call at (214) 716-5174 if you have any questions. It's ourjob to make sure you're in good hands. RP378-4 0 Renewal House & Home Policy Declarations Policy number: 1416 522 4271 Policy effective date: August 13, 2023 Insured property details* (continued) Exterior wall type: 100% brick on frame Interior wall partition: 100% drywall Heating and cooling: Average cost heat & central air conditioning, 100% Additional details: Vinyl sash with glass, 100% Two exterior wood doors Fire protection details: Fire department subscription - no Roof surface material type: Metal -100% steel Interior wall height - 8 ft,100% 1 mile to fire department .................................................................................................................................................... :Roof details: :Predominant roof type: Metal Age of roof -13 years :Roof geometry - Hip :Metal Roof Surfaces Cosmetic Damage Exclusion: :Your policy does not provide coverage for cosmetic damage (damage that only changes :the appearance of your roof) caused by hail to a metal roof surface. •..................................................................................................................................................... Mortgagee JPMORGAN CHASE BANK NA ISAOA ATIMA P O Box 4465, Springfield, OH 45501-4465 Loan number: 5000844731 Additional Interested Party - None *This is a partial list of property details. If the interior of your property includes custom construction, finishes, buildup, specialties or systems, please contact your Allstate representative for a complete description of additional property details. Coverage detail for the property insured Coverage Limits of Liability Dwelling Protection Other Structures Protection Personal Property Protection Additional Living Expense Family Liability Protection Guest Medical Protection $400,000 $40,000 $240,000 Up to 24 months not to exceed $120,000 $300,000 each occurrence $5,000 each person Applicable Deductible(s) - $8,000 Windstorm and Hail - $4,000 All other perils - $8,000 Windstorm and Hail - $4,000 All other perils - $8,000 Windstorm and Hail - $4,000 All other perils Page 2 of 4 Renewal House & Home Policy Declarations Policy number: 1416 522 4271 Policy effective date: August 13, 2023 Foundation Water Damage Building Codes Building Structure Reimbursement Extended Limits Roof Surfaces Extended Coverage Water Back -Up Residence Glass ► Other Coverages Not Purchased. • Additional Fire Department Charges* • Building Materials Theft* • Country Endorsement* • Dwelling in the Course of Construction* • Electronic Data Recovery* • Extended Coverage on Cameras* • Extended Coverage on Jewelry, Watches and Furs* $5,000 Not purchased* Not purchased* Included Not purchased* Not purchased* Page 3 of 4 • Extended Coverage on Musical Instruments* • Extended Coverage on Sports Equipment* • Fair Rental Income* • Golf Cart* • Green Improvement* • Home Day Care* * This coverage can provide you with valuable protection. To help you stay current with your insurance needs, contact your agent to discuss available coverage options and other products and services that can help protect you. Scheduled Personal Property Coverage Allstate. • Identity Theft Expenses* • Increased Coverage on Business Property* ■ Increased Coverage on Theft of Silverware* • Loss Assessments* • Residence Glass* • Secondary Residence* • Yard and Garden* Your policy does not include Scheduled Personal Property Coverage. This coverage can provide you with valuable protection. To help you stay current with your insurance needs, contact your agent to discuss available coverage options and other products and services that can help protect you. Your policy documents Your House & Home policy consists of the Policy Declarations, any Policy Declarations Addendum, and the following documents. Please keep them together. • AVPIC House & Home Policy - AVP91 ■ Metal Roof Surfaces Cosmetic Damage Exclusion Endorsement - AVP166-2 • Windstorm and Hail Deductible Endorsement - AVP82 ■ Texas Amendatory Endorsement - AVP348 • Roof Surfaces Extended Coverage Endorsement - AVP144-1 • Texas Amendatory Endorsement - AVP345 • Depreciation Amendatory Endorsement - AP4970 Important payment and other information Here is some additional, helpful information related to your coverage and paying your bill: ► Please note: This is not a request for payment. Your bill will be mailed separately. ► If, however, you would like to make a payment by credit card (Visa/MasterCard/Discover) or Check -By -Phone, please call 1-800-357-5092. RE