HomeMy WebLinkAboutContract 61872Date Received: 8/20/2024
Time Received: 9:43 a.m.
Record Number: PN24-00123
City Secretary No.: 61872
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 Venturexpannsion, LLC, a(n) a
Texas limited liability company ("Licensee"), acting by and through its duly authorized
President.
RECITALS
WHEREAS, Licensee is the owner of the real property located at 424, 428 and
436 Rayner Avenue, Fort Worth, Texas 76111 ("Property"), as being more particularly
described as, Tract 1, Lot 6R, Block 2, Tract 2, Lot 7R, Block 2 and Tract 3, Lot 9R,
Block 2, Bassett Addition, as recorded in Deed Records as by Instrument Number
D223035698, in Tarrant County, Texas, and;
WHEREAS, the City owns or has an interest in a public utility easement (the
"Public Property") adjacent to the Property, and as recorded in in the plat records of
Tarrant County as plat number FS-21-203; and
WHEREAS, Licensee desires to construct, place, and maintain certain
improvements which will encroach in, on, above, or below the Public Property; and
WHEREAS Licensee has received consent from the other franchise utility
companies to construct, place, and maintain the improvements within the public utility
easement; and
WHEREAS, to accommodate the needs of the Licensee, the City will allow the
encroachment under the terms and conditions as set forth in this Agreement.
NOW, THEREFORE, the City and Licensee agree as follows:
AGREEMENT
1.
The City, in consideration of the payment by Licensee of the fee set out below
and covenants and agreements hereinafter contained to be kept and performed by
Licensee, hereby grants permission to Licensee to encroach in, on, above, or below and
Tier II Easement Encroachment Agreement OFFICIAL RECORD Page 1 of 12
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 stoops and stairs (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 12
Revised 12/2022
Upon termination of this Agreement, Licensee shall, at the option of and at no
expense to the City, remove the Encroachment and restore the Public Property to a
condition acceptable to the Director of Transportation and Public Works, the Director of
the Water Department, the Director of the Development Services Department or their
duly authorized representative. Any such removal of the Encroachment shall be in
accordance with then -existing City regulations and policies. It is understood and agreed
to by Licensee that if this Agreement terminates and Licensee fails to remove the
Encroachment and restore the Public Property, Licensee hereby gives City permission to
remove the Encroachment and any supporting structures from the Public Property, to
restore the Public Property, and to assess a lien on the Property for the costs expended by
the City in taking such actions.
6.
In order to defray all costs of inspection and supervision which the City has
incurred or will incur as a result of the construction, maintenance, inspection or
management of the Encroachment and use of Public Property as provided for by this
Agreement, Licensee agrees to pay to City at the time this Agreement is requested an
application fee in the sum of Nine Hundred Dollars ($900.00).
7.
The term of this Agreement shall be for thirty (30) years, commencing on the
date this Agreement is executed by City. However, the City may terminate this
Agreement upon Licensee's noncompliance 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
Tier II Easement Encroachment Agreement Page 3 of 12
Revised 12/2022
being limited to underground, surface, or overhead communication, drainage, sanitary
sewerage, transmission of natural gas or electricity, or any other public purpose, whether
presently contemplated or not, that the parties agree to negotiate in good faith in order to
accommodate both the Encroachment and the public purpose.
9.
LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES
HEREBY INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, AND ELECTED OFFICIALS
FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY
DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO
ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION
WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION,
MAINTENANCE, OCCUPANCY, USE, EXISTENCE, OR LOCATION OF THE
ENCROACHMENT AND USES GRANTED HEREUNDER, WHETHER OR NOT
CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS, LICENSEES, ELECTED OFFICIALS, OR INVITEES OF
THE CITY; AND LICENSEE HEREBY ASSUMES ALL LIABILITY AND
RESPONSIBILITY FOR SUCH CLAIMS OR SUITS. LICENSEE SHALL
LIKEWISE ASSUME ALL LIABILITY AND RESPONSIBILITY AND SHALL
INDEMNIFY CITY FOR ANY AND ALL INJURY OR DAMAGE TO CITY
PROPERTY ARISING OUT OF OR IN CONNECTION WITH THE
ENCROACHMENTS AND ANY AND ALL ACTS OR OMISSIONS OF
LICENSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
CONTRACTORS, SUBCONTRACTORS, LICENSEES, OR INVITEES.
10.
While this Agreement is in effect, Licensee agrees to furnish City with a
Certificate of Insurance naming City as certificate holder as proof that is has secured and
paid for a policy of public liability insurance covering all public risks related to the
proposed use and occupancy of public property as located and described in Exhibit "C."
The amounts of such insurance shall be not less than
$11000,000
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
Tier II Easement Encroachment Agreement Page 4 of 12
Revised 12/2022
liability insurance at all times during the term of this Agreement and until the removal of
the Encroachment and restoration of the Public Property. All insurance coverage
required herein shall include coverage of all Licensee's contractors and subcontractors.
11.
Licensee agrees to deposit with the City when this Agreement is executed a
sufficient sum of money to be used to pay necessary fees to record this Agreement in the
real property records of the county in which the Encroachment is located. After being
recorded, the original shall be returned to the City Secretary of the City of Fort Worth.
12.
Licensee agrees to comply fully with all applicable federal, state, and local laws,
statutes, ordinances, codes, and regulations in connection with the construction,
operation, and maintenance of the Encroachment and use of the Public Property.
13.
Licensee agrees to pay promptly when due all fees, taxes, or rentals provided for
by this Agreement or by any federal, state, or local statute, law, or regulation.
14.
Licensee covenants and agrees that it shall operate hereunder as an independent
contractor as to all rights and privileges granted hereunder and not as an 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.
Tier II Easement Encroachment Agreement Page 5 of 12
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 approval of the City, and
any attempted assignment without such written approval shall be void. In the event
Licensee conveys the Property, Licensee may assign all of its rights and obligations under
this Agreement to the new owner of the Property, and Licensee shall be deemed released
from its duties and obligations hereunder upon City's approval in writing of such
assignment, which approval shall not be unreasonably conditioned or withheld.
Foreclosure by a secured lender of Licensee or assignment to a secured lender by
Licensee in the event of default or otherwise shall not require City approval provided that
said lender notifies City in writing within sixty (60) days of such foreclosure or
assignment and assumes all of Licensee's rights and obligations hereunder. However, no
change of ownership due to foreclosure or assignment to any secured lender of Licensee
shall be effective as to City unless and until written notice of such foreclosure or
assignment is provided to City.
19.
Any cause of action for breach of this Agreement shall be brought in Tarrant
County, Texas. This Agreement shall be governed by the laws of the State of Texas.
20.
This Agreement shall be binding upon the parties hereto and their successors and
assigns.
21.
This Agreement may be executed in multiple counterparts, each of which shall be
considered an original, but all of which shall constitute one instrument
[SIGNATURES APPEAR ON FOLLOWING PAGE]
Tier II Easement Encroachment Agreement Page 6 of 12
Revised 12/2022
City:
CITY OF FORT WORTH
By: Dalton H-&915, 202413:46 CDT)
D.J. Harrell, Director of the
Development Services Department
Date: Aug 15, 2024
ATTEST:
Jannette Goodall,
City Secretary
Date: Aug 15, 2024
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Licensee:
Venturexpannsion, LLC
a Texas limited liability company
By: b 1-�
Name: Roderick Venture
Title: President
Date: �i 3r� 2c-(
Approved As To Form and Legality
f(Kiwon Klan-For.TeremyAnafo-Mensal
Hye Won m for Jeremy Anato-Mensah (Aug 14, 202414:48 CDT)
Jeremy Anato-Mensah
Assistant City Attorney
Date: Aug 14, 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.
,I,n
Rebecca Owen (Aug 14, 202414:49 CDT)
Rebecca Owen
Development Services Manager
Date: Aug 14, 2024
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Tier II Easement Encroachment Agreement Page 7 of 12
Revised 12/2022
"'THIS PAGE FUR UITY OF FURT WURTH Ul+'FIUE USE UNLY��%'
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 City of Fort Worth, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 15th day of
August 2024.
Wendy Bear ee (Aug 15, 202414:32 CDT)
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
YPVe`o WENDY L BEARDSLEE ;
Notary Public
* * STATE OF TEXAS
Notary I.D. 13323719-3
9 OF My Comm. Exp. July 28, 2025 '
Tier II ROW Encroachment Agreement
Page 8 of 12
Revised 12/2022
STATE OF /k
COUNTY OF 7A',e)e iq✓✓ 7— §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
, on this day personally appeared Roderick Venture, 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 Venturexpannsion, LLC, a Texas limted liability
company , and in the capacity therein stated.
GIVEN MY HAND AND SEAL OF OFFICE this �30 day of
/,f.1 - , 20
U
462ry Public in and for the
State of ���i J ;`<"`•`Y P`.'A �-
JOSIE FLORES
' is Notary Public, state of Texas
Comm. Expires 05-10.2027
Notary ID 128606294
Tier II Easement Encroachment Agreement Page 9 of 12
Revised 12/2022
EXHIBIT A
Depiction and description of the Encroachment
Tier II Easement Encroachment Agreement Page 10 of 12
Revised 12/2022
EXHIBIT A
TRACT 1
Part of the Lot 6R, Block 2, BASSETT ADDITION, an addition to the
City of Fort Worth, Tarrant County, Texas according to the plat
thereof recorded in Document No. D222137670 of the Plat Records
of Tarrant County, Texas and being more particularly described by
metes and bounds as follows:
Basis for bearings are plat call.
COMMENCING at a capped iron rod found for the northeast corner
of said Lot 611 and the southeast corner of Lot 3X in said Block 2 and
being in the west right-of-way line of Rayner Avenue.
THENCE South 0°16'6" East, along the common line of said Lot 611
and Rayner Avenue, a distance of 13.69 feet to the northeast and
BEGINNING corner of tract being described;
THENCE South 0°16'6" East, continuing along the common line of
said Lot 611 and Rayner Avenue, a distance of 9.08 feet;
THENCE over and across said Lot 611 the following:
South 89°43'54" West, a distance of 3.00 feet
North 0°16'6" West, a distance of 9.08 feet
North 89°43'54" East, a distance of 3.00 feet to the POINT OF
BEGINNING and containing 27 square feet of land.
TRACT 2
Part of the Lot 7R, Block 2, BASSETT ADDITION, an addition to the
City of Fort Worth, Tarrant County, Texas according to the plat
thereof recorded in Document No. D222137670 of the Plat Records
of Tarrant County, Texas and being more particularly described by
metes and bounds as follows:
Basis for bearings are plat call.
COMMENCING at a capped iron rod found for the northeast corner
of said Lot 711 and the southeast corner of Lot 611 in said Block 2 and
being in the west right-of-way line of Rayner Avenue.
THENCE South 0°16'6" East, along the common line of said Lot 711
and Rayner Avenue, a distance of 5.79 feet to the northeast and
BEGINNING corner of tract being described;
THENCE South 0°16'6" East, continuing along the common line of
said Lot 711 and Rayner Avenue, a distance of 9.08 feet;
THENCE over and across said Lot 711 the following:
South 89°43'54" West, a distance of 3.00 feet
,104
20' 0 20' 40' 60'
I_ =06�� 1
GRAPHIC SCALE SCALE IN FEET 1 "= 20'
North 0`16'6" West, a distance of 9.08 feet
North 89°43'54" East, a distance of 3.00 feet to the POINT OF
BEGINNING and containing 27 square feet of land.
TRACT 3
Part of the Lot 9R, Block 2, BASSETT ADDITION, an addition to the
City of Fort Worth, Tarrant County, Texas according to the plat
thereof recorded in Document No. D222137670 of the Plat Records
of Tarrant County, Texas and being more particularly described by
metes and bounds as follows:
Basis for bearings are plat call.
COMMENCING at a capped iron rod found for the northeast corner
of said Lot 913 and the southeast corner of Lot 711 in said Block 2 and
being in the west right-of-way line of Rayner Avenue.
THENCE South 0`16'6" East, along the common line of said Lot 911
and Rayner Avenue, a distance of 13.69feet to the northeast and
BEGINNING corner of tract being described;
THENCE South 0°16'6" East, continuing along the common line of
said Lot 911 and Rayner Avenue, a distance of 9.08 feet;
THENCE over and across said Lot 911 the following:
South 89`43'54" West, a distance of 3.00 feet
North 0°16'6" West, a distance of 9.08 feet
North 89°43'54" East, a distance of 3.00 feet to the POINT OF
BEGINNING and containing 27 square feet of land.
Compiled 6-11-2024 from previous surveys, recorded plat and
construction plans.
Part of Lots 6R, 7R AND 9R, Block 2, BASSETT
ADDITION, an addition to the City of Fort Worth,
Tarrant County, Texas according to the plat
thereof recorded in Document No. D222137670 of
the Plat Records of Tarrant County, Texas
SHEET 3 OF 3
AWARD SURVEYING COMPANY
252 WEST MAIN STREET, SUITE F, AZLE TX 76020
817-33A-WARD (332-9273) survey@a-wardsurveying.com
TBPELS Firm No. 10194435
`A -WARD PROJECT NO: 2024-1533 RAYNER ENCHROACHENrENT
� 1 I 1 III 11 1 III 111 1 I IIL II_ � - I II III 11111 II
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EXHIBIT A
F1IT
LOT 5, BLOCK 2
BASSETT ADDITION
DOCUMENT NO.
D220043833
FFj
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LOT 3X HOA OPEN SPACE I
I T
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zDOCUMENTNO.
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D220043833
PLACE OF COMMENCING
�qYLOT
6R, BLOCK 2
TRACT2
BASSETT ADDITION L4
DOCUMENTNUMBER
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TALY1
�D222137670
IS
436 RAYNER AVENUE
J'
PLACE OF BEGINNING
,
0.0006 ACRES
—'
TRACT 1
LOCATION MAP
27 SQ. FT. L2�
SCALE 1"=2000'
J L14
rr R L1
0 0006 ACRES
�rLACE OF COMMENCING
TRACT 2
Q N a I
cV '
PLACE OF BEGINNING
27 SQ. FT.
J'�
TRACT 2
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L11 = Z.
LOT 7R, BLOCK 2
L1 1 LU
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BASSETT ADDITION
Z
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DOCUMENT NUMBER
W
Q N Z) o
D222137670
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428 RAYNER AVENUE
Q `r'
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LOT 9R, BLOCK 2
PLACE OF COMMENCING
BASSETT ADDITION I TRACT 3
DOCUMENT NUMBER
D222137670 L23—\
424 RAYNER AVENUE
0.0006 ACRES----,,,-
PLACE OF BEGINNING
TRACT 3
27 SQ. FT. C\j 4
I L21
LOT 4X HOA OPEN SPACE e + +
DOCUMENT NO.
D220043833
Part of Lots 6R, 7R AND 9R, Block 2, BASSETT
ADDITION, an addition to the City of Fort Worth,
Tarrant County, Texas according to the plat
thereof recorded in Document No. D222137670 of
the Plat Records of Tarrant County, Texas
SHEET 1 OF 3
LINE TABLE
NO. BEARING LENGTH
L1
S00-16'06"E
9.08'
L2
S89'43'54"W
3.00'
L3
N00'16'06"W
9.08,
L4
N89°43'54"E
3.00'
L5
N00'16'06"W
13.69'
L10
S00'16'06"E
9.08,
L11
S89°43'54"W
3.00'
L12
N00'16'06"W
9.08'
L13
N89°43'54"E
3.00'
L14
N00°16'07"W
5.79'
L20
S00'16'06"E
9.08,
L21
S89°43'54"W
3.00'
L22
N00'16'06"W
9.08,
L23
N89'43'54"E
3.00'
L24
N00°18'57"W
20.76'
0 OF
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...........................
JAMES PAUL WARD
..............................
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20' ° 20' 40' 60` IWF
ARD SURVEYING COMPANY ,
252 WEST MAIN STREET, SUITE F, AZLE TX 76020
GRAPHIC SCALE SCALE IN FEET 1 "= 20' 817-33A-WARD (332-9273) survey@a-wardsurveying.com
,,A - WARD PROJECT NO: 2024-1533 RAYNER ENCHROACHEIV•=NT TBPELS Firm No. 10194435
1 1 1 111 L 11111 i l l 11 ii 4 111 Ill u l I J I I - I I l I u
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EXHIBIT A
LL1_
I5'-71271256J 9'-1" Jr 20'-91116"
436 RAYNER AVE.
LOT 9R
T,S TA IR EAST ELEVAT/ON
20' -1 1/2"
1.e"i
428 RAYNER AVE. P
LOT 7R
5' - 91/2"
i
s
' ��4%
T-83/4" I Y-1"
424 RAYNER AVE.
LOT 6R
STA/R EAST ELEVAT/ON
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On June 12, 2024 Award Surveying, Inc. put in a Texas811
Locate request, ticket number 2466436463. On June 18,
2024 Award Surveying, Inc. made a visual inspection of the
site and no utilities had been marked within the utility
easement on the east side of Lots 6R, 7R and 9R.
13' - 81/4"
®WM
Part of Lots 6R, 7R AND 9R, Block 2, BASSETT
ADDITION, an addition to the City of Fort Worth,
Tarrant County, Texas according to the plat
thereof recorded in Document No. D222137670 of
the Plat Records of Tarrant County, Texas
SHEET 2 OF 3
J#
'°' 0 40' 80' 30P�ARD SURVEYING COMPANY "
252 WEST MAIN STREET, SUITE F, AZLE TX 76020
GRAPHIC SCALE SCALE IN FEET 1 "= 10' 817-33A-WARD (332-9273) survey@a-wardsurveying.com
_ R ENCI�r=NT TBPELS Firm No. 10194435
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EXHIBIT B
Franchise Utility Letters
Tier II Easement Encroachment Agreement Page 11 of 12
Revised 12/2022
00
60NCPR
Date: November 25, 2020
Customer / Contractor Name: Jeffery Payne, ELEVATE URBAN BUILDING DESIGN
Street Address: 3625 Kimberly Lane
City / State / Zip: Fort Worth, Texas 76133
Re: X_ Encroachment:
UTILITY EASEMENT encroachment
Lots 1-10, Block 2; Lots 1-11, Block 3, Bassett Addition, to the City of Fort Worth, Tarrant
County, Texas.
Dear Mr. Payne:
I have received your request to encroach upon the Utility easement(s) in above referenced
location on S. Rayner Street between Lawnwood Street and Galvez Avenue. Based on your
request to encroach into an existing public utility easement within a Platted Utility easement as
shown on the recorded in the Tarrant County Plat Records, Document: D220043833. We also
understand and agree to the encroachment of the 3 foot utility easement in front of the
buildings that include concrete steps in the walkway accessing the building's front porches.
Oncor does NOT have facilities located within that portion, as depicted in the attached EXHIBIT
"2A" of the above mentioned easement. This letter is to serve the purpose of ALLOWING the
encroachment from Oncor in said easement, as shown in the exhibit, and made a part of this
Letter of Consent to encroach upon the Utility easement.
If you have any questions or need additional information, please contact the Oncor office at
(817) 443-3434.
Sinc y,
GCL-
B G. Ro gers, SR/WA
ONCOR ELECTRIC DELIVERY
7860 Winbrook Dr
Benbrook, TX 76126
Spectrum►
12/4/2020
Jeff Bayne
Elevate Urban Building Design and Planning
3625 Kimberly Ln
Fort Worth, TX 76133
SUBJECT: Utility Coordination of 400 - 461Rayner Ave.
We have reviewed your request for the above referenced properties, and Spectrum Communications
hereby states there are no objections with the proposed encroachments within the limits of 400 — 461
Rayner Ave., Fort Worth, TX 76111. Additionally, we understand and are agreeable to this easement also
including concrete steps in the walkway accessing the building front porches. Spectrum Communications
retains the right of access to any remaining partial or full utility easements on the property for the
purpose of future construction or maintenance of existing facilities.
If applicable, please contact the Texas Excavation Safety System (Texas811) to have facilities marked &
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 west-engineering-relo@Spectrum.com.
Please share this information with whoever needs these services.
Sincerely,
Marla Collier
Business Development Specialist
Spectrum Communications
v
at&t
December 2, 2020
Mr. Jeff Payne
Elevate Urban
362S Kimberly Lane
Fort Worth, TX 76133
Re: Encroachment Permission Letter
Lots 1-10, Block 2 & Lots 1-11, Block 3, Bassett Addition
400-461 Rayner Avenue
Fort Worth, Texas
Dear Mr. Payne,
AT&T Texas T 972,647.1287
13845 FAA Blvd. F 817.338,5106
Fort Worth, TX 76155
Your client's request for approval of building overhangs into air space of Utility Easements has been
reviewed by our Engineering Department. AT&T has no objections to the future encroachments
provided you make all necessary utility locates prior to the start of construction. We understand and are
agreeable to this easement also including concrete steps in the walkway accessing the building front
porches. Should any AT&T facilities become damaged during the construction work, your client will be
responsible for any repair costs. Should we ever have to work in the utility easements and alleys, we will
not be responsible for any damage to encroaching facilities. If you have any questions, please feel free
to contact me at 817-267-1904.
Sincerely,
Frank Huneycutt
Manager -Engineer (ROW)
817-267-1904
cc: James Meirose
W Proutl Sponsor or 1h2 US O;y�pk reN
.�TMOS
energy
July 2, 2020
Jeff Payne
400-461 S. Rayner ave
Ft Worth, TX 761 It
Re: Encroachment
Mr. Payne,
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 lines can be obtained through 811
call before you dig. Any damage caused to Atmos facilities due to such encroachment will be billed to the party
causing the damage. We understand and are agreeable to this easement also including concrete steps in the
walkway accessing the building front porches.
If you have any questions, please contact me at (469) 236-9611
Daniel Garcia
Field Construction Coordinator
Atmos Energy
Atmos Energy Corporation
100 W. Morningside Dr.
Fort Worth, TX 76110
EXHIBIT C
Certificate of Insurance
Tier II Easement Encroachment Agreement Page 12 of 12
Revised 12/2022