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Home My WebLink AboutContract 61800e Recei August7,2024 eRece 12:10 p.m. BLIC ERTY MEN ROA ERIJ rdNum Secreta. NTLI N24-00 : 61800 EAG ENT 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"), ng by rough ly auth City er, As City er, or ctor o evelop ervice rtment, vercom ergy, L Texas limited liability company ( Licensee ), acting by and through its duly authorized president. ITALS WHEREAS, Licensee is the owner of the real property located at 5401 Birchman Avenue, Fort Worth, Texas 76107 ("Property"), as being more particularly described as, 7R-1 -2, Bl 7, Cha ·n Arlin eights • ·ans, as ded in d Reco by Ins t Num 08409 Tarra nty, Te d; WHEREAS, the City owns a sanitary sewer and has an interest in a public utility ment ( ublic ty") a to the rty, an ecorde e plat rds of t Coun nstrum mber F 61; an WHEREAS, Licensee desires to construct, place, and maintain certain improvements which will encroach in on above, or below the Public Property· and W AS Li has r d con om th r fran utility companies to construct, place, and maintain the improvements within the public utility easement; and w oachm AS, to derthe modat and co eeds o s as se icense in this City w ment. NOW, THEREFORE, the City and Licensee agree as follows: AGRE T 1. e City, sidera the pa by Li of the t out w the and ants a reemen einafte ained kept rforme Licensee, hereby grants permission to Licensee to encroach in, on, above, or below and occupy a portion of the City's Public Property as described in and at the location shown Tier entEnc ent Agre Page Revised 12/2022 on Exhibit "A," but only to the extent shown thereon, for the purpose of constructing, instailing, and maintaining a private storm drain (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 unti! 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, reinstaliation, 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 [I Easement Encroachment Agreement Page 2 of 13 Revised l2/2022 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 l�'orks, 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 supervisian which the Cit� has incurred or will incur as a result of the construction, maintenance, inspectien or management of the Encroachment and use of Public Property as provided for by this Agreement, Licensee agrees to pay to City at the +ime this Agreernent is request�d an app(ication 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 thi� Agreement. City shall notify Licensee in writing of any such noncompliance and if Licensee does not cure the noncompliance within thirty (30) days of noti�e 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 reasenable 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 �elegated to it �y 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 bod;� 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 pub{ic 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 shalI be not less than $1,000,000 with the understanding and agreement by Licensee that such insurance amounts may be revised upward at City's option and that Licensee shall so revise such amounts immediately following notice to Licensee of such requirement. Such insurance policy shall not be canceled or amended without at least thirty (30) days prior written notice to the Building Official of the City. A copy of such Certificate of Insurance is attached as Exhibit "C" and incorporated herein for all purposes. Licensee agrees, binds, and obligates itself and its successors and assigns to maintain and keep in force such public liability insurance at all times during the term of this Agreement and until the removal of Tier [I 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 wili obtain all necessary permissions before occupying such property. Tier [I Easement Encroachment Agreement Page 5 of 13 Revised 12/2022 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 appraval 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 [I Easement Encroachment Agreement Page 6 of 13 Revised 12/2022 City: CITY OF FORT WORTH 8 y:oalton Har�11¥ug 6, 202415:10 CDT) Licensee: Overcomer Energy, LLC a Texas limited liability company By: 76028, LP a Texas limited partnership By: 76097, LLC a Texas limited liability company its general partner By:_4Jak _________ / - D.J. Harrell, Director of the Development Services Department Name: Hollis R. Sullivan Title: President Date: Aug 6, 2024 ATTEST: Jannette Goodall, City Secretary Date: Aug 6, 2024 Date: ----+T-·-----=�'------'-t_· Z'--'o"--'z"'-�4--- Approved As To Form and Legality Jeremy Anato-Mensah Assistant City Attorney Date: Aug 4, 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 Owen Development Services Manager Date: Aug 5, 2024 Tier II Easement Encroachment Agreement Page 7 of 13 Revised 12/2022 THE STATE OF TEXAS COUNTY OF T142�I4N l BEFORE ME, the undersigned authority, a Notary Public in and for the State of TEXAS, on this day personally appeared Hollis R. Sullivan known to me to be the same person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of 76097, LLC, the general partner of 76028, LP and Overcomer Energy, LLC and that he/she executed the same as the act of said entities for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN i1NDER MY HAND AND SEAL OF OFFICE this � C dayof sc�. � , 'o�. r- �.��"'r':� ; MICHAEL T. STEVENSON Notary Public in and F� i e o Texas ;~� �`fi:Notary Public, State ot Tex�s z�`•�'t� Comm. Ezpi�es 02-21-2025 '!:1`aF�'.�' Nnlar I ,�,,,«. Y D 1293t6319 Tier fl Easement Encroachment Agreement Page 8 of 13 Revised 12/2022 �°�°�THIS PAGE FOR CITY OF FORT WORTH OFFICE US� ONLY��y 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 6th day of August , 20 24 . ��vy ��v�- WendyBear see(Aug6,202415:28CDT) 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 o,�p,RYP(ie, WENDY L BEARDSLEE 2 � Notary Public * � * STATE OF TEXAS NT � P Notary I.D. 13323719-3 9jFoF�� My Comm. Exp. July 28, 2025 Tier [1 Easement Encroachment Agreement Page9ofl3 Revised 12/2022 STATE OF T�x�s COUNTY OF Ti+1-iZ�t.,,4t�' � � BEFORE ME, the undersigned authority, a Notary Public in and for the State of Tr x�kS , on this day personally appeared Hollis R. Sullivan, President known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes and consideration therein expressed, as the act and deed of 76097, LLC, a Texas limited liability company, general partner of, Overcomer Energy, LLC a Texas limited liability, and in the capacity therein stated. GNEN UNDER MY HAND AND SEAL OF OFFICE this day of sUL�j , 20 Z�— � N ry Public in and for the State of T�.�� .�``"r"r�'''�. MICHAEL T. STEVENSON i°•;�;+c+= Notery Public, State of Texas � y� =i= Comm. Expires 02-21•2025 '�:�°;,;�"�` Notery !D 129316319 Tier II Easement Encroachment Agreement Page l0 of 13 Revised ] 2/2022 EXHIBIT A Depiction and description of the Encroachment Tier II Easement Encroachment Agreement Page 11 of 13 Revised ] 2/2022 EXHIBIT "A" EASEMENT ENCROACHMENT AGREEMENT Part of Lot 7R-2, Block 107 Chamberlin Arlington Heights Addition John A. Bowers Survey, Abstract No. 87 City of Fort Worth, Tarrant County, Texas DESCRIPTION, of a 240 square foot (0.006 acre) tract of land situated in the John A. Bowers Survey, Abstract No. 87, City of Fort Worth, Tarrant County, Texas; said tract being part of Lot 7R-2, Block 107, Chamberlin Arlington Heights Addition, an addition to the City of Fort Worth according to the plat recorded in Instrument No. D206165558 of the Official Public Records of Tarrant County, Texas; said tract also being part of that tract of land described in Special Warranty Deed to Overcomer Energy, LLC recorded in Instrument No. D208409810 of said Official Public Records; said 240 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 June 11, 2024 with a combined scale factor of 1.00012); COMMENCING, at a 1/2-inch iron rod found for the southeast corner of said Lot 7R-2 and the southwest corner of Lot 1-R, Block 107, Chamberlin Arlington Heights Addition, an addition to the City of Fort Worth according to the plat recorded in Volume 388-211, Page 72 of the Plat Records of Tarrant County, Texas; said point being in the north right-of-way line of I-30 Frontage Road (a 80-foot wide right-of-way); from said point a 1/2-inch iron rod found for the northeast corner of said Lot 7R-2 and the northwest corner of said Lot 1-R bears North 00 degrees, 01 minutes, 07 seconds East, a distance of 141.00 feet; THENCE, North 89 degrees, 58 minutes, 53 seconds West, along the south line of said Lot 7R-2 and said north line of I-30 Frontage Road, a distance of 50.00 feet to the POINT OF BEGINNING; THENCE, North 89 degrees, 58 minutes, 53 seconds West, continuing along said south line of Lot 7R-2 and said north line of I-30 Frontage Road, a distance of 15.00 feet to a point for corner; THENCE, North 00 degrees, 01 minutes, 07 seconds East, departing said south line of Lot 7R-2 and said north line of Camp Bowie Boulevard, a distance of 16.00 feet to a point for corner in the north line of an existing 16' utility easement recorded in Instrument No. D206165558 of said Official Public Records; THENCE, South 89 degrees, 58 minutes, 53 seconds East, along said north line of existing 16' utility easement, a distance of 15.00 feet to a point for corner; THENCE, South 00 degrees, 01 minutes, 07 seconds West, departing said north line of existing 16' utility easement, a distance of 16.00 feet to the POINT OF BEGINNING; CONTAINING: 240 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. ,(�_ .��,�`,-,-�- C. �;�._�?'` � � 2024-06-26 Dustin C. Pustejovsk�Y Date Registered Professional Land Surveyor No. 6690 Westwood Professional Services, Inc. 9800 Hillwood Pkwy Suite 250, Fort Worth, TX 76177 (817) 562-3350 TX Reg. Surveying Firm LS-10074301 R0040100.01 _Legal.doc R0040100.01.dwg GAL '��• �F TF "�Q; �G 1 S. r ERF :!�,y 5: e , ,�-� o •.s ....................... DUSTIN C. PUSTEJOY5K1' 1�:�_6690 a;�1 PAGE 1 OF 2 � � � � N 0 � � � � � a � LEGEND — — — — PROPERTY LINE EASEMENT LINE EXISIING EASEMENT LINE � POINT FOR CORNER (UNLESS OTHERWISE NOTED) �C.M.� - CONTROLLING MONUMENT PO-�= POINT OF BEGINNING P. Q. C. POINT OF COMMENCING �WU LJ� � �� Q� BIRCHMAN A VENUE I� (A 80-FOOT W10E RIGHT-OF-WAY) 0 5 10 20 1/2—INCH IRQN GRAPHIC SCALE IN FEET ROD FOUND I i LOT 7R-2, BLOCK 107 CHAMBERLIN ARLINGTON HEIGHTS ADDITION (INST. N0. D206165558) OVERCOMER ENERGY, LLC (INST. N0. D208409810) S 89'S8'53" E 15.00' w � O � O O Z EASEMENT ENCROACHMENT AGREEMENT 240 SF (0.006 ACRES) 3 O � O O � O � � � N 89'58'53" W _ _ 50.00' N 89'58'S3" W 15.00' P. 0. B. /-30 FRDNTA GE R4AD (A VAR/ABLE RIGHT-OF-WAY) The undersigned, Registered Professional Land Surveyor, hereby certifies that this pfat of survey accurately sets out the metes and bounds of ��,.pF..T� the easement encroachment tract described. P•• �sr�' -t' �i � e�G r RFe'9s �-, DUSTIN C. PUSTEJOVSKY . . ; A .. ... . ... .. v�' .. . 9 ,�0 66900��,0 y�.,�ss� �-� SUR� �/,� ., �� . _ f'� � Dustin C. Pustejovsky Registered Professional Land Surveyor No. 6690 Date � �� 9800 HILLWOOD PARKWAY SUITE 250 FORT WORTH, TX 76177 817.562.3350 DRAWIY BY CNEGKED BY SCALE DATE ✓OB N(AMBER GAL DCP 1"=10' JUNE 2024 R0040100.01 I Z N �OZ � c� vl `SJO� U �� OQQ � w mZQ N � � �JF�-- OIO � � w 2 00 o �mC'� M z� �Q= O I �_ U � 16� Ul1LITY EASEMENT (INST. N0. D20fi165558) � � 1 /2—INCH P. Q. C. IRON ROD FOUND (C.M.) NOTES: T� REG. ENGINEERING FlRM F-11756 TX REG. SURVEYING FIRM LS-10074301 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 June 11, 2024 with a combined scale factor of 1.00012. EASEM�NT ENCROACHMENT AGR�EMENT PART OF LOT 7R-2, BLOCK 107, CHAMBERLIN ARLINGTON HEIGHTS ADDITION JOHN A. BOWERS SURVEY, ABSTRACT N0. 87, CfTY OF FORT WORTH, TARRANT COUNIY, TEXAS PAGE 2 OF 2 VICINITY MAP �� 4060 BRYANT IRVIN ROAD FORT WORTH, TX 76109 817.412.7155 ORAWN BY CHECKED BY SCALE DATE JOB NUMBER HPB HPB N.T.S. 06/15/2024 0040100.01 VICINITY MAP BIRCHMAN OFFICE BUILDING FT. WORTH, TARRANT COUNTY, TX V�CINITY MAP (NOT TO SCALE) � 0 50 100 200 GRAPHIC SCALE IN FEET � � � � m _ x w 3 � Y � / N H m 2 X W / 0 � U Z C.� N W � � W d � N'7 � Il") � N � � � N � O � N Q � U r � � O � � 0 0 Z o Qo J � Y � U � �o �� U Z I� - � _ � l .1- ' i �� B HMAN A VENUE ' �� — fd17 F�f-C£-IUYJ - '-- _ � __ �_':._ _ - - _ — - - . " _' ..� '� —__.._ i " _""'— _ - __ '. jI � , v � 1 �J � � f�� ff 1 I i , ��s�lrn W -�..''_' _ � i I _ -, -_ ' -� - ,.4 � _ - - � � - f � -� -_`�f r__ �..- - - — ENCROACHMENT . - _ =�vp D r ��_ - N0.1 - i�i' -.' - �`= -SOU�,. `. ��_=.-�---�-_��__ ---i + �� n - E � - - �--��_d.� —�_-� ,- "" w �S � �EE �A Y � �� AMP B `"i- _ �'a YI� � _1� �.,-O^_ w �i ��. � - �J �- i ��t�� ENCROACHMENT AREA TX REG. ENGINEERING FlRM F-11756 TX REG. SURVEYING FlRM LS-10074301 �1 R O V ��/i-�1L�L� PLAN VIEW � 0 20 40 80 GRAPHIC SCALE IN FEET � ., � t� 3 0 vi � m _ x w 3 3 I Y d / � � m 2 X � � a � U Z � � W 0 � 4, a� r� N � � N ?i 0 � / N p O Q N U \ ^ (p � O � � 00 z� Qo J � Y � U � �o �� U Z S �E� - � � - _ � � � I - r �,,.� ,. ,..,. �� .,�.,�, � � PROP. PRIVATE STORM DRAIN W'Es r � .,,,, FRE`�WA Y � �`' �";-� W, , i !L_L_LLd ENCROACHMENT AREA TX REG. ENGINEERING FlRM F-11756 TX REG. SURVEYING FlRM LS-10074301 PROPOSED OFFlCE �-.- - BUILDING F'FtVF'tl-f I Y I;VKNtK � '� B4��E�pRD Bp�N�E � �_�F<� GAMQ �" `�� . /i �� S �' BLOCK 107 I CHAMBERLIN ARLINGTON � HEIGHTS AD�I71dJ �� (VOL. 388-211, PG. 72) OVERCOMER ENERGY, LLC (INST. NO. D206412728) �-0Gl Blr�'HMAI'! A,4c . �� '� � I J� PROP. PRIVATE STORM DRAIN I PROP. 6" PRIVATE SEWER I -- -� � I f I �- PROP. 10' SEWER EASEMENT ;� �IIV V�+ Il'UOQ �+V WIMI�UU II IIVOo Il �� G E� o p�,AN VIEW 0 20 40 80 GRAPHIC SCALE IN FEET � � 0 � m _ x w 3 3 I Y � / � H m 2 X W / 0 r� U Z C� N W � �w a �- N N �� N � � � N / O � N Q � U r � � O � � Q O Z O Q O J � Y �. U � �o �� z 1720 715 710 1705 �70� �� • � � - - I .- � - -- - ,- - -- IMIT OF EN ROACHMENT PROP RTY LIN _ � _ INISF GRADE - - - -- - - - - -�XlST4NG.GRADE I ' — - � � , -- _ j- _ GL _�- -_ --- - PIPE I . �2' M� �' o o.s9�c - lo o . i I� -- - ___--- �� - - - - r ` I I -PR0�18 -RI �- --- I �-PROP. 8" PVC S R-26 j — i PUBLIC SEWER - - - - - - - — -bVi £ -- �n�vr. ��S ' �� 0 2i.Q��i � � � � N M� n n � � � � 00 0 00 00 --!"� 'F 1� 1� 1� 3- -- T h-- - r� W I.�i.. L�. W L� W�li -0+50 0+00 1 +�� PR�FILE: ST-1 �IIV �V' WO4V `V� Il llINI1�UV� UVOo Il PROFILE VIEW TX REG. ENGINEERING FlRM F-11756 TX REG. SURVEYING FlRM LS-10074301 720 715 710 705 %�� • � � 2+00 EXHIBIT B Franchise Utility Letters Tier II Easement Encroachment Agreement Page l2 of l3 Revised 12/2022 �T�os energy June 24, 2024 Preston Bartley Westwood 110 S Hartford, Suite 2572 Tulsa, Oklahoma 74120 Re: Encroachment into Utility Easement-5401 Birchman Avenue, Fort Worth, Texas Upon your request I have reviewed the location of the gas facilities near your project site. Atmos does not object to the encroachment located at the property listed above. Verification of the gas line can be obtained through 811 Call Before You Dig. Any damages to Atmos facilities due to such encroachment will be billed to the party causing the damage. If you have any questions, please contact me at 214-549-7144. Sincerely, Bobby `� ney Proj ect anager Atmos Energy Co�poration 100 West Momingside Fort Worth, Texas 76110 � dt&t �� June 25, 2024 Tarrant County —Chamberlin Arlington Heights Addition 5401 Birchman Ave, Fort Worth, Texas 16-ft Utility Easement Encroachment Request AT&T Texas- ROW 117 W Columbia St Weatherford, TX 76086 In response to the request for the encroachment on a portion of the 16-ft utility easement running east and west on the south side of the property, Southwestern Bell Telephone Company, d/b/a AT&T Texas, has no objections to the requested encroachment for a storm drain as shown on the attached sketch. Easement found in Tarrant County Clerk Files recorded as Volume D206165558. 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, M�+a 11J.e�R- Melissa McElyea AT&T - Manager Eng - ROW 817-718-4055 EXHIBIT C � 0 Sb 100 200 GRAPHIC SCALE IN FEET _�-� �. � , .��' , '.�-"� -- B/RCHMAN A VENUE ' � �—� - �.,�..,..a...., • - _'. D �., � � I �. _ �� ,��: i i � �� i i i � ��.�� _ ENCKU;�CHMENI' ~ . BpU4�vj�Rp ��_- - = NO.1 .�, �'�'sr FRF�k..aY �AM� ��'''``�.. � '�ti �I"Y'.itl / .-" _-'__ __ � E G E N � �� PLAN VIEW F` / / / /� ENCROACHMENT AREA ILL_L_LJ 7X REG. ENpNEERING FlRM F-11756 TX REG. SURVEYING FIRM LS-10074301 EXHIBIT C � - E =� S 89'S8'S3�E 350.00' � � � � N as•sa•ss• w +s.aa• PROP. PRIVATE �STORM DRAIN 1__.�l — soro�brw 1ti.oa- I � `'°'r� � EXIST. 6' PUBUC S.S. �s' umirr EasEM�Nr (INST. N0. D206165558) �� PROP. PRUBUC STORM DRAIN �St FREEWq Y • �. ..,�,,.,,� �., � I� E G E I�J � � 0 20 40 80 GRAPHIC SCALE IN FEET I E , .�, a, I .�, � fiGCN ID' .7�.WRiitiv Afii1v:17. .K�G�5 xOb�CN («- JSy-2t�. P0. 72) O�OlCpQt EWlCY. LLC (INST. IA. D10DH772D) './pt nF�_��YU� A1[ � �S 89'5B'S3' E 350.00' I {Vl�OP06[D CiT�GE � I BURAI�' ��-}a �- PROP. PRIVATE STORM DRAIN PROP. 6' PRIVA7E SEWER r PROP. 10� SEWER EASEMENT fPROP. 6' PUBLIC SEWER � -- DQST. 8" PUBUC S.S. �— —1! =N 0•01'Or E 16.W N �1 a^ � POINT OF BEqNNING LYES � N ss°se�sa• w esas� � FROFA PROPERTY GdRNER Q a9•sa•�•e Ts.00�� ' ��,E�AR s�� E-7 � AMp �O �E B�rn G f�M(�(��Q�C��C��P �1�e9 PLAN VIEW � ENCROACHMENT AREA TX REG. ENdNEERING FIRM F-11756 TX REG. SURVEYING FlRA1 LS-10074301 ONCOR Electric Delivery LLC 777 Main St. Suite 707 Fort Worth, TX 76102 817-215-5301 N� � Ally Betancur Right of Way Analyst July 26, 2024 Customer / Contractor Name: Overcomer Energy LLC / Westwood PS Street Address: 5401 Birchman Ave. City / State / Zip: Fort Worth, TX 76247 Re: Strom Drain Crossing over a 16' Utility Easement: LOT &R-1 and 7R-2, Block 107 Chamberlin Arlington Heights Addition PT: 2024-3861 Maria Munoz, In response to your email dated June 22nd, 2024, Oncor Electric Delivery Company, LLC has no objections to the request to instalf a Storm drain crossing the 16' utiliry easement listed on Document No. D206165558 on the southern property line of 5401 Birchman Ave. Fort Worth, TX 76247 better known LOT &R-1 and 7R-2, Block 107 Chamberlin Arlington Heights Addition, an addition to the city of Fort Worth, Tarrant County, Texas as indicated on the attached Exhibit that was provided. Sincerely, �, : �'�. Ally 8etancur Right of Way Analyst S ecfrum► p 6/24/2024 Preston Bartley Project Manager Westwood 110 S Hartford Avenue Tulsa, OK 74120 SUBJECT: Plat Review — 5401 Birchman Ave Fort Worth, TX 76107 In concern of the plat review at the property located at 15401 Birchman Fort Worth, TX 76107 (32.734828, -97.402586), Spectrum Approves the Easement Encroachment in question. For future reference, please send all utility coordination, abandonments, encroachments, plat signatures, or serviceability requests, or notices of relocation to DL-NTX-External- Requests@charter.com. Please share this information with whoever needs these services. Sincerely, �. X_ `:+-• --•aM \\�.��-y.� Spe tr ► Troy Hopson � Business Development SpeciaC►st �{O) 817-29&3554 Cell 682-999-2989 8545 Airport Freeuray #108 � North Richland Hills � TX 76180 EXHIBIT C Certificate of Insurance Tier II Easement Encroachment Agreement Page 13 of l3 Revised 12/2022 � � DATE(MMIDD/YYWJ �` oRD CERTIFICATE OF LIABILITY INSURANCE 07129/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLYAND CONFERS NO RIGHTS UPON THE CIERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDiTIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certiFicate holder in lieu of such endorsement(s). PRODUCER coNrncr Irina Clevenger NAME: Elevate Protection Group, LLC Ard�,uq pxi ;(817) 730-99Q0 arc, No :�$'�) 332-4742 P.O Box 10088 �-MA�� irina@elevatepg,com nnnaFc� Fort Worth INSURED TX 76114 Overcomer Energy LLC PO BOX 9289 Wichita Falls TX 76308 I INSURER A : INSURER B : INSURER C INSURER D : INSURER E INSURER F : INSURER(S) AFFORDING Covington Specialty NAIC ft 13027 COVERAGES CERTIFICATE NUMBER: CL2472905836 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDINGANY REQUIREMENT, TERM OR CONDITION OFANY CONTRACT OR OTHER DOCUMENT WITH RESPECTTO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONSAND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS � R TYPE OF INSURANCE POLICY EFF POLICY IXP LIMITS LTR INSD WVO POLICYNUMBER MMIDD/YYYY I MMIDDlYYYY) X COMMERCIALGENERALLIABILITY EACHOCCURRENCE � �,000,000 q. q `- R-r� 50,000 CLAIMS-MADE X OCCUR PREMIScS �Ea a:u:rence S MED EXP (Any one Derson) S 10,000 A Y Y VBB11648400 07/29/2024 07129/2025 pERSONAL&ADV INJURY s�,000,000 G,^i'LAGGREGATELIMITAPPLIESPER: GENERALAGGREGATE 5 2�000,000 POLICY � ,Fj�C � LOC 2,000,000 PRODUCTS-COMPIOPAGG S OTHER' g AUTOMOBILE LIABILITY CnM5�Ne� S;NGLE LIM� i g E- acudanl ANYAUTO BODILYINJURY(Perperson) 5 OWNED SCHE�ULED 80DILY INJURY (Peraccident) S AUTOSONLY AUTOS HIRED NON-ONMED PROPERTY DAMAGE S AUTOS ONLY AUTOS ONLY Per accident 5 UMBRELLA LIAB pCCUR EACH OCCURRENCE 5 EXCESS LIAB CLAIMS-MADE AGGREGATE S DED RETENTION S S WORKERS COMPENSATION PER OTn- AND EMPLOYERS' LIABILIIY Y � N STATUTE FR ANY PROPRIETOR/PARTNERlEXECUTIVE � N�A E L EACH ACCIDENT S OFFICERIMEMBER EXCLUDED? (Mandatory in NH) E L DISEASE - FA EMPLOYEE I 5 If yes, describe under DESCRIPTION OF OPERATIONS below E L DISEASE - POLICY LIMIT 5 �ESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be aHached if mare space is required) Certificate Holder is included as Additional Insured as respects General as required by written contract. The General Liability policy contains a special provision with Primary & Non-Contributory wording as required by written contract Waiver of Subrogation applies as respects General as required by written contract PN24-00118 City of Fort Worth 5401 Birchman Ave CERTIFICATE HOL�ER CI7Y OF FORT WORTH PN24-00118 200 Texas St Fort WoRh ACORD 25 (2016103) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE TX 76102 � �� U O 1988-2015 ACORD CORPORATION. All rights reserved. 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