HomeMy WebLinkAboutContract 62507Date Received: 12/20/2024 Record Number: PN24-00164
Time Received: 1 : 08 p.m. City Secretary No.: 62507
PUBLIC PROPERTY RIGHT-OF-WAY 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 Fort Worth Independent School
District, a political subdivision of the state of Texas and a legally constituted independent
public school district located in Tarrant County, Texas public school district located in
Tarrant County, Texas, ("Licensee"), acting by and through its duly authorized
representative.
RECITALS
WHEREAS, Licensee is the owner of the real property located at 3600 Weber
St., Fort Worth, Texas 76106 ("Property"), being more particularly described as, Lot 1,
Block 1, of Meacham Middle School Site, an addition to the City of Fort Worth, Tarrant
County, Texas, in the Record of Deeds, Volume 3345 on page 261-263; and
WHEREAS, the City owns a right of way (the "Public Property") adjacent to
the Property, dedicated by plat, depicted on the final plat of the property (FS-01-101),
which plat is recorded in the plat records of Tarrant County as Instrument D202030399;
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; and
NOW, THEREFORE, the City and Licensee agree as follows:
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Tier 11 ROW Encroachment Agreement Page 1 of 12
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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
on Exhibit "A," but only to the extent shown thereon, for the purpose of constructing,
installing, and maintaining a private storm line easement (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, 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, to the extent allowed by law, 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.
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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
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). Additionally, Licensee
agrees to pay a fee in the amount of $2.00 per square/linear foot of the encroachment area
upon execution of this Agreement and annually thereafter. City shall annually invoice
License said fee in the amount of $13.20 which Licensee will pay in accordance with the
Texas Prompt Payment Law.
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.
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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.
9.
TO THE EXTENT ALLOWED BY TEXAS LAW AND WITHOUT WAIVING
ITS GOVERNMENTAL IMMUNITY, 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. TO THE
EXTENT ALLOWED BY TEXAS LAW AND WITHOUT WAIVING ITS
GOVERNMENTAL IMMUNITY, 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.
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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.
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 applicable fees, taxes, or rentals
provided for by this Agreement or by any federal, state, or local statute, law, or
regulation.
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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.
To the extent allowed by Texas law, 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.
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.
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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]
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EXECUTED to be effective on the date signed by the City's Director of
Development Services Department
City:
CITY OF FORT WORTH
Z=—A—
By: Da Ito HarreII jDec 20, 202412:46 CST)
D. J. Harrell
Director, Development Services Department
Date:
ATTEST:
Dec 20, 2024
Jannette Goodall,
City Secretary
9FORT IlC
a of
>°A 0P
Approved As To Form and Legality
PP4n aEoo 9d6Q
/ I���U��IIVI'2"'`
Hye Won Kim
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 Oiane Owen
Rebecca Diane Owen (Dec 19, 202416:34 CST)
Rebecca Owen
Development Services Manager
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Tier II ROW Encroachment Agreement Page 8 of 12
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Licensee:
Fort Worth Independent School District
a Public School District
B
Name: Kellie Spencer
Title: Deputy Superintendent
Date: 12/10/24
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 Kellie Spencer ,
Deputy Superintendent (Title) 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
Fort Worth Independent School District , a Public School District (entity type), and in the capacity
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this loth day of
December , 2024.
Notary Public in and for the
State of Texas
Tier II ROW Encroachment Agreement
IJ11NG ARRIAG
LETICIA
MY COMMISSION EXPIRES
OCTOBER 20, 2027
�f ♦
NOTARY ID: 124719386 j
r
Page 9 of 12
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: J l!!nam-.4L41IMauaOLIJ-Arlm-,41:a0J00Lepally01 g!j
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 loth day of
November 2024
Wendy Beargee (Dec 20, 202413:02 CST)
Notary Public in and for the State of Texas
Tier H ROW Encroachment Agreement
O�PRyP�e` WENDY L BEARDSLEE
_ Notary Public
* * STATE OF TEXAS
j
N9�oF�� Notary I.D. 13323719-3 My Comm. Exp. July 28, 2025 '
. . . . . . . . . . . . .
Page 10 of 12
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EXHIBIT A
Depiction and description of the Encroachment
Tier II ROW Encroachment Agreement Page I I of 12
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FWISD WA MEACHAM — ENCROACHMENT
August 29, 2024
Page 2 of 3
Exhibit "A"
Being a 0.0018 acre tract of land situated in the Seburn Gilmore Survey, Abstract No. 580, in Tarrant
County, Texas, and being a portion of Shwartz Avenue (60' Width Right -of -Way) conveyed to the
City of Fort Worth as recorded in Volume 2771, Page 64 of the Deed Records of Tarrant County,
Texas (D.R.T.C.T.), and being more particularly described by metes and bounds as follows:
COMMENCING at a 5/8-inch iron rod with yellow plastic cap stamped "SAM" found in the west
Right -of -Way line of said Shwartz Avenue and the east line of tract 1 conveyed to the Fort Worth
Independent School District as recorded in Volume 3345, Page 261 of said D.R.T.C.T and Lot 1,
Block 1 of Mecham Middle School Site as recorded in Instrument Number D202030399 of the Plat
Records of Tarrant County, Texas (P.R.T.C.T.), also being at the beginning of a curve to the left,
having a radius of 659.70 feet;
THENCE with the west Right -of -Way line of said Shwartz Avenue, the east line of said Fort Worth
Independent School District tract and said curve to the left, an arc length of 13.53 feet and whose
chord bears S 16°38'30"W, a chord length of 13.53 feet to an "X" cut set in concrete, and being the
POINT OF BEGINNING;
THENCE crossing said Schwartz Avenue the following three courses and distances:
S74028'02"E, a distance of 6.50 feet to an "X" cut set in concrete;
S 15°3 F58"W, a distance of 12.00 feet to an "X" cut set in concrete;
N74°28'02"W, a distance of 6.50 feet to an "X" cut set in concrete in the west Right -of -Way
line of said Shwartz Avenue and the east line of said Fort Worth Independent School District
tract, also being the beginning of a curve to the right having a radius of 659.70 feet, from
which an "X" cut found in concrete at the intersection of the west Right -of -Way line of said
Schwartz Avenue and the north Right -of -Way line of Eva Street (60' Width Right -of -Way)
bears with a curve to the left, having a radius of 659.70 feet, an are length of 172.12 feet and
whose chord bears S07°32' 14"W, a chord distance of 171.63 feet;
FWISD WA MEACHAM — ENCROACHMENT
August 29, 2024
Page 3 of 3
THENCE with the said west Right -of -Way line of said Shwartz Avenue, the east line of said Fort
Worth Independent School District tract and said curve to the right, an arc length of 12.00 feet and
whose chord bears NI 5°31' 58"E, a chord length of 12.00 feet to the POINT OF BEGINNING and
containing 0.0018 acres or 78 square feet of land, more or less.
NOTE: Survey sketch to accompany this legal description.
NOTE: Bearings are based on NAD 83 Datum, Texas State Plane Coordinate System, North Central Zone,
with all distances and coordinates adjusted to surface by surface adjustment factor of 1.00012.
That I Michael A. Medina, a Registered Professional Land Surveyor in the State of Texas, hereby states that
this survey was made from an actual on the ground survey made in July, 2024 under my supervision, that all
monuments exist as shown hereon and this survey substantially conforms with the current professional and
technical standards as set forth by the Texas Board of Professional Land Surveying.
0 F TF
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0,9/29/2024
`P.•• S T F .
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Michael A. Medina Date
....................
ICHAEL A. MEDIN�
RPLS No. 6692
6692
9y°�ess\c`'�
TBPLS Firm No. 1064300
Surveying And Mapping, LLC (SAM)
S i.i Ft\4;
1341 W. Mockingbird Lane, Suite 40OW
Dallas, Texas 75247
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ENCROACHMENT EXHIBIT
VICINITY MAP
NOT TO SCALE
NE 36TH ST
spSITE
DOLE
'IEACHAM LOCATION
w MI
M SCHOOL EVA ST
ch
MAYDELL ST Nry a I J
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STAMPED 'SAM"
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N: 6,979,329.92
E: 2,327,208 31
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FORT WORTH INDEPENDENT
SCHOOL DISTRICT 1
TRACT 1
CALLED: 14.986 ACRES
VOL. 3345, PG. 261
D.R.T.C.T.
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LOT 1 4 u y a
BLOCK 1 m
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MEACHAM MIDDLE SCHOOL SITE
INST. NO. D202030399
P.R.T.C.T.
P.0. R.
Y' CUT IN
CONCRETE FOUND
(C.M.)
EVA STREET
(60' RIGHT—OF—WAY)
INST. NO. D202030399
P.R.T.C.T.
ENCROACHMENT
EASEMENT
(0.0018 ACRES)
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78 SQ. FT.
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SEBURN GILMORE SURVEY
ABSTRACT NO. 580
0
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20' 40'
GRAPHIC SCALE
1 "=20'
LEGEND
EXISTING RIGHT OF WAY
— — —
ENCROACHMENT
MARKER FOUND
"AS NOTED"
x
"X" CUT SET
P O.B
POINT OF BEGINNING
P O.0
POINT OF COMMENCING
P O.R
POINT OF REFERENCE
P.R.T.C.T
PLAT RECORDS TARRANT
COUNTY TEXAS
D.R.T.C_T
DEED RECORDS TARRANT
COUNTY TEXAS
I.R.F.
IRON ROD FOUND
(C.M.)
CONTROLING MONUMENT
VOL.
VOLUME
PG.
PAGE
INST NO
INSTRUMENT NUMBER
NOTE:
1. Legal description to accompany this
survey sketch.
2. Basis of bearing to the Texas State Plane
Coordinate System, North Central Zone (4202),
North American Datum, 1983 (NAD 83)( 2010).
with all distances and coordinates adjusted to
surface by project surface factor of 1.00012
3. This survey was completed without the
benefit of an abstract of title. There may be
easements or other matters of record not
shown. Record information shown hereon are
based upon public records available at the
time of survey.
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RPLS No. 6692
SURVEYOR'S CERTIFICATE:
THAT I, MICHAEL A. MEDINA. A REGISTERED PROFESSIONAL
LAND SURVEYOR OF THE STATE OF TEXAS, DO HEREBY STATE,
TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT I
PREPARED THIS SURVEY FROM AN ACTUAL ON THE GROUND
SURVEY OF THE LAND AS DESCRIBED AND THAT THE CORNER
MONUMENTS SHOWN THEREON WERE PROPERLY PLACED UNDER
MY PERSONAL SUPERVISION
CURVE TABLE I LINE
CURVE NO. DELTA RADIUS LENGTH CHORD BEARING CHORD LENGTH I L1
C1 001'10'32" 659.70' 13.53' S16'38'30"W 13.53' L2
C2 001'02'32" 659.70' 12.00' N15'31'58"E 12.00' I L3
LINE TABLE
BEARING
DISTANCE
S74 28'02"E
6.50'
S15'31'58"W
12.00'
N74'28'02"W
6.50'
JOB NUMBER: 1023081551
DATE:O&29-2024
1341 W. Mockingbird Lane
FWISD - WA MEACHAM
PROJECT.
SCALE: 1-=20'
Suite 40OW
ENCROACHMENT
SURVEYOR: M MWmA
Dallas, TX 75247
TECHNIDIAH: E. ALMAN7A
Ofe: 214.631.7888
SHEET 1
13RAVANGRENCROACHMENTEXHIBIT
Fax:214.631.7103
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OF 3
TRACT tD:
. email: info@sam.biz
PARTYCHIEF: S. HOFF
FIELDBOOKS: 42595
Texas F1- Registmd- Na 10064300
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EXHIBIT
EXHIBIT B
Certificate of Insurance
Tier II ROW Encroachment Agreement Page 12 of 12
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