Loading...
HomeMy WebLinkAboutContract 62203Date Received: 10/29/2024 Time Received: 9.2 8 a.m. Record Number: PN24-00159 City Secretary No.: 62203 PUBLIC PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMENT TIER It 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 Fellowship of the Parks Baptist Church, a Texas nonprofit corporation ("Licensee"), acting by and through its duly authorized representative. RECITALS WHEREAS, Licensee is the owner of the real property located at 1029 Avondale Haslet Road, Fort Worth, Texas 76244("Property"), being more particularly described as, that certain lot, tract or parcel of land in the M.E.P. & P.R.R. CO. Survey, Number 13, Abstract Number 1129, Tarrant County, Texas, and being a portion of that certain called 5 acre tract of land described in the deed recorded in County Clerk's File Number D205225277, Deed Records Tarrant County, as recorded in Deed Records, by instrument Number D210058552, 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, dedicated to the City by plat in an easement depicted on the final plat of the property (FS-16-216) and recorded in the plat records of Tarrant County as Instrument Number D217059805; and WHEREAS, Licensee desires to construct, place, and maintain certain improvements which will encroach in, on, above, or below the Public Property; and WHEREAS, to accommodate the needs of the Licensee, the City will allow the encroachment under the terms and conditions as set forth in this Agreement. NOW, THEREFORE, the City and Licensee agree as follows: AGREEMENT 1. The City, in consideration of the payment by Licensee of the fee set out below and covenants and agreements hereinafter contained to be kept and performed by Licensee, hereby grants permission to Licensee to encroach in, on, above, or below and occupy a portion of the City's Public Property as described in and at the location shown Tier 11 Easement Encroachment Agreement Page 1 of l 1 Revised 12+2022 on Exhibit "A," but only to the extent shown thereon, for the purpose of constructing, installing, and maintaining a monument sign (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." r01 All construction, installation, maintenance, and operation of the Encroachment and the use or occupancy of the Public Property shall comply with and be performed in strict compliance with this Agreement and with the charter, ordinances, codes, and policies of the City. Prior to the construction or installation of the Encroachment, Licensee shall submit all plans and specifications to the Director of the Development Services Department or duly authorized representative. Licensee shall not commence construction or installation of the Encroachment nor make any use of the Public Property until after the execution of this Agreement. 3. Licensee, at no expense to the City, shall make proper provisions for the relocation and installation of any existing or future utilities affected by such Encroachment and the use and occupancy of the Public Property, including the securing the approval and consent of the appropriate utility companies and agencies of the State of Texas and its political subdivisions. In the event that any installation, reinstallation, relocation, or repair of any existing or future utility or improvements owned by or constructed by or on behalf of the public or at public expense is made more costly by virtue of the construction, maintenance, or existence of the Encroachment and use of Public Property, Licensee shall pay to City an additional amount equal to such additional cost as determined by the Director of Transportation and Public Works, the Director of the Water Department, the Director of the Development Services Department, or their duly authorized representative. 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. 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 Tier I1 Easement Encroachment Agreement Page 2 of 1 1 Revised 12,1022 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 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. Tier II Easement Encroachment Agreement Page 3 of I I Revised 112022 9. LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES HEREBY INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, AND ELECTED OFFICIALS FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, EXISTENCE, OR LOCATION OF THE ENCROACHMENT AND USES GRANTED HEREUNDER, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, ELECTED OFFICIALS, OR INVITEES OF THE CITY; AND LICENSEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR SUCH CLAIMS OR SUITS. LICENSEE SHALL LIKEWISE ASSUME ALL LIABILITY AND RESPONSIBILITY AND SHALL INDEMNIFY CITY FOR ANY AND ALL INJURY OR DAMAGE TO CITY PROPERTY ARISING OUT OF OR IN CONNECTION WITH THE ENCROACHMENTS AND ANY AND ALL ACTS OR OMISSIONS OF LICENSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, OR INVITEES. 10. While this Agreement is in effect, Licensee agrees to furnish City with a Certificate of Insurance naming City as certificate holder as proof that is has secured and paid for a policy of public liability insurance covering all public risks related to the proposed use and occupancy of public property as located and described in Exhibit "A." The amounts of such insurance shall be not less than $1,000,000 with the understanding and agreement by Licensee that such insurance amounts may be revised upward at City's option and that Licensee shall so revise such amounts immediately following notice to Licensee of such requirement. Such insurance policy shall not be canceled or amended without at least thirty (30) days prior written notice to the Building Official of the City. A copy of such Certificate of Insurance is attached as Exhibit "B" and incorporated herein for all purposes. Licensee agrees, binds, and obligates itself and its successors and assigns to maintain and keep in force such public liability insurance at all times during the term of this Agreement and until the removal of the Encroachment and restoration of the Public Property. All insurance coverage required herein shall include coverage of all Licensee's contractors and subcontractors. Tier II Easement Encroachment Agreement Page 4 of l 1 Revised 12+2022 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 I I 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 1 l Revised 12,1022 EXECUTED to be effective on the date signed by the City's Director of Development Services Department City: CITY OF FORT WORTH zz-_� By: Dalton Harrell (,Oct 29, 2024 08:17 CDT) D. J. Harrell Director, Development Services Department Date: Oct 29, 2024 ATTEST: Approved As To Form and Legality Jannette Goodall, Hye Won Kim City Secretary Assistant City Attorney 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 (Oct 25, 2024 10:40 CDT) Rebecca Owen Development Services Manager Tier 11 Easement Encroachment Agreement Page 7 of 11 Revised 12.2022 Licensee: Fellowship of the Parks Baptist Church a Texas nonprofit corporation By: Nmseph 'Vest Title: Executive Pastor Date A0 - 1 ? - 2" %j STATE OF COUNTY OF -rar-c o n,� § BEFORE ME, the undersigned authority, a Notary Public in and for the State of -1r#,x-g6 , on this day personally appeared Joseph West, Executive Pastor 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 Fellowship of the Parks Baptist Church, a Texas nonprofit corporation, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 1-7 day of 04 , 2024. JULiE ANN ZUMWALT 2; ;j, • �: Notary Public, State of Texas qtary Public in and r the =N; .%� +P Comm. Expires 04-11-2026 State of 0;,;��`� Notary ID 133699540 '�sXa,s , Tier II Easement Encroachment Agreement Page 8 of I 1 Revised 12.'2022 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE IVIE, 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 29th day of October , 2024. Notary Public in and for the State of Texas After recording return to: Development Services Department Development Coordination Office 100 Fort Worth Trai! Fort Worth, Texas 76102 Tier 11 Easement Encroachment Agreement d otPa P m, KATHLEEN BRADFORD YJJ]= p Notary Public QFY * STATE OF TEXAS Notary I.D. 12197197 0, ��P My Comm. Exp. Apr. 12, 2027 Page 9 of 11 Revised 12?2022 EXHIBIT A Depiction and description of the Encroachment Tier 11 Easement Encroachment Agreement Page 10 of 11 Revised 12.2022 �, I t1�{I'ti ,��E{�; rj3�► ;;' ,,I i{'il i ° { li {' {;�;,, 1 I Ilj ri �i+l 1 jilt i �+l i!lr' +Lif,u �'11� I;�' �,�;jtla'�;` i i ii li .�;I {•(+' ii �Ij !t 1'+ i I•I, {� , �j ;,i��{j I'Yi it{•{.!. IE it •' Ii ilp �� I +Jill + �•�' 9 1�� li ; !I � II I1�4 1�# li 'I 6 ME V C) 0 Z � 3 II m —Zi 0 Y JUL 1p 1 r i� 1- E, 1-- � { i I jai E I aL[ 1 i i 'E I ;i I -aa aft 1 p�. �a i ejl#tee;� itsAJ ��t'tA�A�ld�ls:a� Si ��A ' +1'i �'l�t�a{{�� 1`• 1 it FELLOWSHIP OF THE PARKS ARCHITECTURE HASLET WORSHIP CENTER PLANNING INTERIOR DESIGN 1C29 AVONDALE HASLET ROAD HASLET, TEXAS 76052 EXHIBIT "A" ENCROACHMENT AGREEMENT FOR A SIGN BEING a tract of land out of the MEP & P RR CO. Survey, Abstract Number 1129, also being a portion of Lot 1, Block 1, Fellowship of the Parks Addition, an addition to the City of Fort Worth, Tarrant County, Texas as recorded in Instrument Number D217059805, Plat Records of Tarrant County, Texas (PRTCT), and being more particularly described by metes and bounds as follows: COMMENCING at a 1/2 inch iron rod set at the northwest corner of said Lot 1, said iron rod being in the south right of way line of Avondale -Haslet Road (a variable width right of way); THENCE North 89°40'34" East, with the north line of said Lot 1, a distance of 195.00 feet, to the POINT OF BEGINNING; THENCE North 89`40'34" East, continuing with the north line of said Lot 1, a distance of 5.00 feet to a point, for corner; THENCE South 00'19'26" East departing the north line of said Lot 1, across a 5-foot Utility Easement as provided on the plat of Lot 1, a distance of 5.00 feet to a point in the south line of said 5-foot Utility Easement, for corner; THENCE South 89'40'34" West with the south line of said 5-foot Utility Easement, a distance of 5.00 feet, to a point, for corner; THENCE North 00019'26" West, across said 5-foot Utility Easement, a distance of 5.00 feet, to the POINT OF BEGINNING, containing a calculated area of 0.0006 acres (25 square feet) of land. Coordinates and bearings recited are referenced to the NAD83 State Plane Coordinate System, Texas Central Zone 4203, c� IS 1orcF ... ..v .. SiFiA) Tr�r� 17:3 \��� C�SIflC. � �• l� V Page 1 of 2 NBT40'34"E N 195.00' r N89'40'34'E N 5.00' AVONDALE—HASLET RD IRF5 ppg / (a variable width right of way) PoC IRF4 —r - — ---- _------- 1/2" 1/2" I I IN iTRUIMENT No o 17059 5 —SO'19'26'E N SAO' j OETENTION EASEMENT I IRS IRS III N r19'26*W ^' 5.00,� ( INSTRUMENT No. 0217059805 II II 0 0 0 L_-----_---� �-. Z o III ' S8940'34"W N 5.00' I a I I II o 0 o W00 �� II C> �N II o`N C W N III LOT 1. BLOCK 1, o FELLOWSHIP OF THE PARKS ADDITION III INSTRUMENT No, 0217059805, PRTCT �II ! AVONDALE-HASLET RD N EX MONUMENT SIGN NB9'40'340E SO'19'26"E 5,00' / �5.00' o Sa 100 — — _ _ _ 5 FOOT UT L[ TASEMENT �� �.n, �p INSTRUMENT No. D217059805 � _ S89'40'34"W — 5.00' 5.00' SCALE: 1 "=20' EXHIBIT 'A' ENCROACHMENT AGREEMENT FOR SIGN LOT 1, BLOCK 1, FELLOWSHIP OF THE PARKS ADDITION LEGEND ,•c• q'?',�g� , Fo OUT OF THE M.E.P. & P. R.R. CO. SURVEY, A-1129 IRF Iron Rd Found IPF - Iron Pipe Found ••.• ...:I:' :; 4a .... FORT WORTH, TARRANT COUNTY, TEXAS CIRF - Capped Iron Rod Found Jo i A f c, DATE: AUGUST, 2024 CIRS - Copped Iron Rod Set ESM'T - Easement �� L 1 DI SCIULLO—TERRY, STANTON & ASSOCIATES., INC. DRTCT - Deed Records of Tarrant Count Texas % S q ENGINEERING AND SURVEYING , PRTCT - Plot Records of Tarrant �: ; ' 908 WEST MAIN STREET + ARUNGTON, TEXAS 76013 County, Texas R.O.W. - Right -Of -Way POS - Point of Beginning Z L TELEPHONE: 817-275-3361 FIRM NUMBERS: E-615 & S-100049-00 POC - Point of Commencing A rp !/ O ©OISCIULLO-TERRY, STANTON & ASSOCIATES, INC. 2024 �� Page 2 of 2 1:i 0 ti D L --�-- - I L---------'I'-( I I I _ I I i �fi Olilliiii1111fl o-i1111111110 -- �o . � V III II �II IIII O V II III�I�II O � I �_ � p�tfin�*,-�rttfi{-1i#1�nrtt1 FELLOWSHIP OF THE PARKS g w�� HASLET WORSHIP CENTER 1029 AVONDA_E HASLET ROAD HASLE-, TEXAS 76052 ARCHITECTURE PLANNING INTERIOR DESIGN 2'-O' IATH AND PLASTER 11'-0• /.1'-1'r "'X FTJRRMTO S►`PS ON e• CY LETTERfIG FORT B TO ff FURRq YEDUa VEAL FLESHING USED AS \� METAL FIACtlNC USED AS FELLOWSHI of rHE PARKS , s. MESSAGE WAN METAL FuvwG USED AS rSW AND �M METAL FLASHING USED ASDOUBLE A , BOTMU M ACE BOARD: —? MESSAGE BOARD AREA — (1) 4'x8' EACH SIDE MESSAGE / eovm TIES 4 A q 2 D' METAL FLASHING USED AS { SoTrOY TRAtx TO wrroY q MESSAGE BOARD AREA — .- eouro METAL FIAvoNG USED (1) Z'z8' EACH SIDE „ AS BOTTOM TRAM TO Illorm _ _ 1 I C/Sf STONE CAP McwA 9MND 'm //p�� .-� J �.. r —•. y I. 11'-t• I F GIST SQM4E OCCURS ON BORN FACES OF MONUMENT SIGN 01 SIDE ELEVATION SOUL: 1/2•_1•-0' 02 FRONT ELEVATION ARCHITECTURE PLANNING MONUMENT SIGN INTERIOR DESIGN FELLOWSHIP OF THE PARKS CHURCH - HAS LE' e1T.aolamn 1029 AVONDALE-HASLET ROAD, HASLET, TX 0"1-2024 EXHIBIT B Franchise Utility Letters Tier II Easement Encroachment Agreement Page 12 of 13 Updated 2024 �TMOS energy September 24, 2024 Hunter Dawson GHLA-Inc 1300 West Randol Mill Road, Suite 100 Arlington, Texas 76102 Re: Encroachment into Utility Easement-1029 Avondale -Haslet Road, Haslet, Texas Hunter Dawson, 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, Bobb 4ney Project Manager Atmos Energy Corporation 100 %Vest Momingside Fort North, Texas 76110 at&t October 7, 2024 AT&T Texas- ROW - Mclissa McElyea 117 W Columbia St Weatherford, TX 76086 817 718-4055 RE: Tarrant County — 1029 Avondale Haslet Rd, Haslet, Texas Fellowship of the Parks Addition, Block 1, Lot IA Utility Easement Encroachment Request In response to the request for the encroachment on a portion of the 5-ft utility easement running in an east/west direction near the northwest side of the property, Southwestern Bell Telephone Company, d/b/a AT&T Texas, has no objections to the requested encroachment for a monument sign to as shown on the attached sketch. Easement found in Tarrant County Clerk Files recorded as Document D217059805. 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, Melissa McElyea AT&T — Manager Engineering — Right -of -Way 817-718-4055 ms2841 a,att.com o r � _�L i IIF 1R ! +w4 ';: 11 11 q 1 11 11 11 11 11 11 11 Ij LIAR fIi 12 E� Asmxau - asrar ivr; �r wKad'r [ sw.tl I�wrrrlrr� �#A A pRd *esr��ir�r� SUR►ar �ALIFIr."m Wr$ SWS ! cj" ACMR Fellowship ofthe Parks Baptist Church -1 w mar W =�W Date: 10/08/2024 Customer/Property Owner: Gaylen Howard Laing architect, inc. / FELLOWSHIP OF THE PARKS BAPTIST CHURCH Street Address: 1029 Avondale -Haslet Rd. City / State / Zip: Haslet, Texas 76244 Re: 2024-5715 - UE Encroachment at FELLOWSHIP OF THE PARKS ADDN - FTW Block 1 Lot 1 Mr. Dawson: I have received your request to construct a monument sign ("Encroaching Facility") at the above referenced location. A portion of the proposed monument sign will be in the same Right -of -Way as Oncor Electric Delivery Company facilities. 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" 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, r Ally Betancur Right of Way Analyst. ;� _� (Date) Spectrum► 9/24/2024 Hunter Dawson GHLA Inc 1300 West Randol Mill Rd Suite 100 Arlington, TX 76012 SUBJECT: Plat Review —Fellowship of the Parks Baptist Church Regarding the property located at or near 1029 Avondale- Haslet Rd Haslet, TX 76052 — Lot 1- Block 1, Survey No. 13 Abstract No. 1129 (32.968917,-97.379854), Spectrum approves the Encroachment of the utility easement per the attachments provided. Verification of the Spectrum line can be obtained through 811 Call Before You Dig. Any damage caused to Spectrum facilities due to such encroachment will be billed to the party causing the damage. For future reference, please send all utility coordination, abandonments, encroachments, plat signatures, or serviceability requests, or notices of relocation to DL-NTX-Extemal- Requests(a),charter.com. Please share this information with whoever needs these services. Sincerely, Spe tr _ _► 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 Updated 2024 --^'�