HomeMy WebLinkAboutContract 62911Da te Received: 03/07/202s Record Number: PN24-00046 ---------Time Received: 3:20 p.m. --------------City Secretary No.: _62_9_11 __ _
PUBLIC PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMENT
TIER II
TIDS 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 Miguel and Rosie Duran
("Licensees"), acting by and through as the property owners.
RECITALS
WHEREAS, Licensee is the owner of the real property located at 1844 E
Arlington Avenue, Fort Worth, Texas 76104 ("Property"), being more particularly
described as, Lot lR, Block 3, of Sycamore Central Industrial Park Addition, an addition
to the City of Fort Worth, Tarrant County, Texas, as recorded in Deed Records, by
Instrument Number D223126433; and
WHEREAS, the City owns or/and has an interest in a public utility easement (the
"Public Property") adjacent to the Property, dedicated by plat, depicted on the final plat
of the property (FS-19-196), which plat is recorded in the plat records of Tarrant County
as Instrument D220135866; 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 Page 1 of 14
Updated 2024
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 storage building (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.
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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 One Thousand Twelve Dollars and Fifty Cents
($1012.50).
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
Tier II Easement Encroachment Agreement Page 3 of 14
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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 HIND 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
$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 II Easement Encroachment Agreement Page 4 of 14
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the Encroachment and restoration of the Public Property. All insurance coverage
required herein shall include coverage of all Licensee's contractors and subcontractors.
11.
Licensee agrees to deposit with the City when this Agreement is executed a
sufficient sum of money to be used to pay necessary fees to record this Agreement in the
real property records of the county in which the Encroachment is located. After being
recorded, the original shall be returned to the City Secretary of the City of Fort Worth.
12.
Licensee agrees to comply fully with all applicable federal, state, and local laws,
statutes, ordinances, codes, and regulations in connection with the construction,
operation, and maintenance of the Encroachment and use of the Public Property.
13.
Licensee agrees to pay promptly when due all fees, taxes, or rentals provided for
by this Agreement or by any federal, state, or local statute, law, or regulation.
14.
Licensee covenants and agrees that it shall operate hereunder as an independent
contractor as to all rights and privileges granted hereunder and not as an officer, agent,
servant, or employee of City, and Licensee shall have exclusive control of and the
exclusive right to control the details of its operations, and all persons performing same,
and shall be solely responsible for the acts and omissions of its officers, agents, servants,
employees, contractors, subcontractors, licensees, and invitees. The doctrine of
respondeat superior shall not apply as between City and Licensee, its officers, agents,
servants, employees, contractors, and subcontractors, and nothing herein shall be
construed as creating a partnership or joint enterprise between City and Licensee.
15.
Licensee agrees and acknowledges that this Agreement is solely for the purpose
of permitting Licensee to construct, maintain, and locate the Encroachment over or within
the Public Property and is not a conveyance of any right, title, or interest in or to the
Public Property, nor is it meant to convey any right to use or occupy property in which a
third-party may have an interest. Licensee agrees that it will obtain all necessary
permissions before occupying such property.
16.
In any action brought by the City for the enforcement of the obligations of the
Licensee, City shall be entitled to recover interest and reasonable attorneys' fees.
Tier II Easement Encroachment Agreement Page 5 of 14
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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 fareclosure 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.
Prior to the end of the term of this Agreement, Licensee may submit a new
encroachment application to the City. The City will not unreasonably withhold or delay
approval of such application provided that the Encroachment follows the then current
City codes and compliance.
20.
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.
21.
This Agreement shall be binding upon the parties hereto and their successors and
assigns.
22.
This Agreement may be executed in multiple counterparts, each of which shall be
considered an original, but all of which shall constitute one instrument.
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[SIGNATURES APPEAR ON FOLLOWING PAGE]
Tier II Easement Encroachment Agreement Page 7 of 14
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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
By: Dalton Har�lljvlar 5, 202512:48 CST)
D.J. Harrell
Director, Development Services Department
Date: -------------
ATTEST:
Jannette Goodall,
City Secretary
Approved As To Form and Legality
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 Owen (Mar 5, 2025 12:35 CST)
Rebecca Owen
Development Services Manager
Tier II Easement Encroachment Agreement Page 8 of 14
Updated 2024
Liccns�e:
Mi�uel Dur�n
�3y: ���� � ����
1��ame: Mi���el Duran
'�i��e: Prop�riy �umer
Da[e: �� � 1'
�T�z�� o�r T �.
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�o��r•r�rv� ���r�r�,� __ �
BFk'��E �v1:G1 the +�nders�gr�ed authority, a I�ot�ry �bl�c in �.nd for t�e �tate �r�
"T��Q� on #h�s day persoi�ally app�a��d ��y�� u� •
�r���,�}� (Ti��e) kno���ri i� ;n� to �e the �aersor� u�ktose �a�e is subsc�i�ed �o
the forc:��ing instrtu�ent, �nd ���cnowled�e� �o t�� tila� h� or she ��ecuted the same For
the purpos�� a�td consi�er�tion t�erein expressed, as the act �� deed of
4�f1�4�tik�1 �u±ro�r_,� � ��ar��V�ti +n�� {enx�tY tYFe�, and in ��� capacit�v
therein st,ate�.
C31�1�N [.T�VD�R M'Y HA�II? AN[) S�AL p�' ��FI�E th�s ��� da� af
Y , ?02�.
l�vtary Pub�ic in and fcar ��ie
Stat� af ��
�* '`=�� �i��] ��IJ�rJ�
_ , '� Natary �� � 1334�i929
� �,a r.l;� Can�rti3ission �x�ir�s
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ir:ioi` � {Jf ��
4;�ttcd 2'�24
Licensee�
Rosie Duran
aY� .��� �—
Namc: R�sie D�ran
Title: Propert�� O��+ne�`
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th� far��oing instrt�ment, ar��i acknou���ed�ed t� mc that he �r she exec�rted t�e same far
��e pt�r�oses and c���sidera�ion #herein express�d, �s the ac� and decd o�'
��,��� ��,��,�1� a ��i,i�+kri�uc,,l _ {e�tity �vpe}, a�� ;n che cap�c�ty
the�ein stated.
�[���! L1N�ER M�' �iA� AND SF�L �l�" C3�FIC� this _� c���F af
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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 LTNDER MY HAND AND SEAL OF OFFICE this 5th day of
March , 2024.
�
I/✓e��d���r�ee
Notary Public in and for the State of Texas
op,RYP(ie, WENDY L BEARDSLEE
2 �1 � Notary Public
+ �[7 + STATE OF TEXAS
`�� G� P Notary I.D. 13323719-3
9rFOF�`� My Comm. Exp. July 28, 2025
Tier II Easement Encroachment Agreement
Page 11 of 14
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EXHIBIT A
Depiction and description of the Encroachment
Tier II Easement Encroachment Agreement Page 12 of 14
Updated 2024
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RIGHT-OF-WAY ENCROACHMENT
E. Terrell Survey, Abstract No. 1527
City of Fort Worth, Tarrant County, Texas
LEGAL DESCRIPTION
Being a 0.029 acre tract of land out of the E. Terrell Survey, Abstract No. 1527, situated in the City
of Fort Worth, Tarrant County, Texas, being a portion of a called 25-foot alley right-of-way per plat of
Belmont, a subdivision of record in Volume 309, Page 50 of the Plat Records of Tarrant County,
Texas (called "Amy Street" per plat of Sycamore Central Industrial Park Addition, a subdivision of
record in Document Number D220135866 of said Plat Records), and being more particularly
described by metes and bounds as follows:
BEGINNING at a 1/2 inch iron rod with orange plastic cap stamped "TOPOGRAPHIC" found in the
North line of a called 5.014 acre tract of land conveyed to Jose Castaneda by deed of record in
Document Number D220052516 of the Official Public Records of Tarrant County, Texas, being the
Southwest corner of Lot 1 R, Block 3 of said Sycamore Central Industrial Park Addition, and being
the Southeast corner of said alley right-of-way and hereof;
THENCE, N89°40'18"W, along the South right-of-way line of said alley, being the common North line
of said 5.014 acre tract, a distance of 3.00 feet to the Southwest corner hereof;
THENCE, leaving the North line of said 5.014 acre tract, over and across said alley, the following
two (2) courses and distances:
1. N00°19'42"E, a distance of 420.13 feet to the Northwest corner hereof;
2. S89°40'18"E, a distance of 3.00 feet to a point in the East right-of-way line of said alley, being
the common West line of said Lot 1 R, for the Northeast corner hereof, from which a 1/2 inch
iron rod with green plastic cap stamped "EAGLE SURVEYING" set at the most Westerly
Northwest corner of said Lot 1 R bears N00°19'42"E, a distance of 166.87 feet;
THENCE, S00°19'42"W, along the East right-of-way line of said alley and the common West line of
said Lot 1 R, a distance of 420.13 feet to the POINT OF BEGINNING, and containing an area of
0.029 acres (1,260 square feet) of land, more or less.
Bearings are based on GPS observations utilizing the AIITerra RTK Network, North American Datum
of 1983 (Adjustment Realization 2011).
PAGE 1 OF 2
I hereby certify that this survey, plan or report was prepared by
me or under my direct supervision and that I am a Registered
Professional Land Surveyor under the laws of the State of Texas
\
Caleb McCanlies
R.P.L.S. # 7036
��� �F' TF�
�Q`e'��\STER ���
��. � .�'
CALEB H.�MCCANLIES
r<.:.q...7036 ,•��,
����j/,�OFESS,�� �O��
�"�G�� S U Rv�/3":
Z-7-2025
Date
RIGHT-OF-WAY ENCROACHMENT
E. Terrell Survey, Abstract No. 1527
City of Fort Worth, Tarrant County, Texas
SURVEY,
E. BSRRACT Np. 1527
A
MATCHLINE PAGE 3
MATCHLINE PAGE 2
HT-OF-WAY ENCROACHMENT
0.029 ACRES (1,260 SQ.FT.)
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PAGE 2 OF 3
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LINE TABLE
LINE BEARING DISTANCE
L1 N 89°40'18" W 3.00'
L2 S 89°40'18" E 3.00'
LOT 1 R
BLOCK 3
SYCAMORE CENTRAL
INDUSTRIAL PARK ADDITION
DOC. NO. D220135866
P.R.T.C.T.
S 87°56'58" E 179.95'
1/2" CIRF
"TOPOGRAPHIC"
CALLED 5.014 ACRES
JOSE CASTANEDA
DOC. NO. D220052516
O.P.R.T.C.T.
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1/2" CIRF
(ILLEGIBLE)
NOTE: Bearings are based on GPS observations
utilizing the AIITerra RTK Network, North American
Datum of 1983 (Adjustment Realization 2011).
N
1"=40'
0 20 40
LEGEND
� BOUNDARY MONUMENT
CIRF CAPPED IRON ROD FOUND
CIRS 1/2" CAPPED IRON ROD SET
STAMPED "EAGLE SURVEYING"
POB POINT OF BEGINNING
POC POINT OF COMMENCEMENT
DOC. NO. DOCUMENT NUMBER
O.P.R.T.C.T. OFFICIAL PUBLIC RECORDS,
TARRANT COUNTY,TEXAS
P.R.T.C.T. PLAT RECORDS,
TARRANT COUNTY,TEXAS
RIGHT-OF-WAY ENCROACHMENT
E. Terrell Survey, Abstract No. 1527
City of Fort Worth, Tarrant County, Texas
E. ARLINGTON AVENUE
RIGHT-OF-WAY WIDTH VARIES
V EY �
E. TERRACT Np 1527
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BLOCK 3
SYCAMORE CENTRAL
INDUSTRIAL PARK ADDITION
DOC. NO. D220135866
P.R.T.C.T.
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PAGE 3 OF 3
GHT-OF-WAY ENCROACHMENT
0.029 ACRES (1,260 SQ.FT.)
LINE TABLE
LINE BEARING DISTANCE
L1 N 89°40'18" W 3.00'
L2 S 89°40'18" E 3.00'
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MATCHLINE PAGE 3 �
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MATCHLINE PAGE 2 utilizing the AIITerra RTK Network, North American
Datum of 1983 (Adjustment Realization 2011).
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LEGEND
� BOUNDARY MONUMENT
CIRF CAPPED IRON ROD FOUND
CIRS 1/2" CAPPED IRON ROD SET
STAMPED "EAGLE SURVEYING"
POB POINT OF BEGINNING
POC POINT OF COMMENCEMENT
DOC. NO. DOCUMENT NUMBER
O.P.R.T.C.T. OFFICIAL PUBLIC RECORDS,
TARRANT COUNTY,TEXAS
P.R.T.C.T. PLAT RECORDS,
TARRANT COUNTY,TEXAS
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OB NUMBER �� Eagle Surveying, LLC .
zaioosa 222 South Elm Sireet
Suite: 200 x
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RE�isioN Denton, TX 76201 EXHIBIT m ��'
940.222.3009
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EXHIBIT B
Franchise Utility Letters
Tier II Easement Encroachment Agreement Page 13 of 14
Updated 2024
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� AT&T
�.
AT&T Right-of-Way
13845 FAA Blvd.
Fort Worth, TX 76155
September 19, 2023
Rosie Duran
5D Trucking Co.
1844 E Arlington Avenue
Fort Worth, TX 76104
RE: AT&T Letter of No Objection - Fence Encroachment
Sycamore Central Industrial Park Addition — Lot 1R, Block 3— D220135866
Fort Worth, Tarrant County, Texas
Mrs. Duran,
Southwestern Bell Telephone Company, d/b/a AT&T Texas, has na objections to the
encroachment of the existing fence on the property referenced above at 1844 E Arlington Ave.
It is not the intent of this letter to waive any rights granted to AT&T in said platted utility
easements or right-of-way except to permit this encroachment. AT&T shall continue to have
unrestricted access to, on and across the easement/right-of-way for installation, repairs,
replacement, or upgrades to facilities.
There could be overhead and/or underground facilities within the area. Exercise extreme caution
with respect to such facilities. Contact Texas811 for underground locates before any digging is
done. Costs of any damages to facilities would be at your expense.
Please let me know if you have any questions or concerns.
Sincerely,
�� �. ��
Ray A. Garcia
AT&T — Senior Specialist-OSP Design Engineer I Right-of-Way
817-550-7576
ray.earcia @ atLcom
�
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energY
October 6, 2023
Rosie Duran
1844 E Arlington Avenue
Fort Worth, Texas 76104
Re: Utility Verification at 1844 E. Arlington Avenue, Fort Worth, Texas in the Sycamore Central
Industrial PK, Block 3, Lot 1 R, Tarrant County, Texas
Ms. Duran:
Please be advised Atmos Energy does not have pipeline nor appurtenances at 5316 Odell Drive, Fort
Worth Texas.
We recommend contacting 811, which is a free service to locate all underground utilities on your property
prior to any construction or earth movement for safety purposes.
If further information or verification is needed, please let me know.
Kind Regards,
� �����'
Betty Daugherty
Right of Way Agent, II
214.206.2789
Betty. Dauqhertv an.atmosenergv.com
Atmos Energy Corporation
5420 LBJ FRWY, Dallas TX 75240
��
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7/31 /2024
Dear Ms. Rosie Duran,
1300 Main Street
Houston, Texas 77002
Energytransfer.com
Energy Transfer Fuel, LP, an Energy Transfer entity (ET) received your revised plans on 7/30/24
concerning the proposed fence location. At the subject location, ET does own, operate and
maintain a 10-inch, steel, high-pressure, natural gas pipeline (ET's Facilities). ET has determined
that the proposed improvements will not at this time cause any adjustments to be made to ET's
Facilities and is agreeable to the proposed project conditioned upon and subject to the
acceptance of and adherence to the following conditions by Rosie Duran and or your contractor(s):
Adherence to the Energy Transfer Crossing Guidelines, attached.
ET's agreement to the subject project is based upon the attached "E�iibit A." Should anything
change, you must submit to ET one (1) set of revised drawings for review and approval prior to
commencing any of the work on or near any ET Facilities.
ET Facilities shall be positively located before the Encroachments are constructed or installed near
ET Facilities. ET requires that an absolute minimum clearance of 24-inches be maintained
between the outside diameter of ET's pipeline and any of your facilities. Longitudinal occupancy
of ET's right-of-way will not be permitted.
In the event you or your contractor (s) need to cross over or along ET's Facilities with heavy
construction equipment, ET will require the contactor (s) to furnish and install temporary wood
mats over the pipeline, in order to protect the pipeline from heavy equipment loads.
ET shall be notified at least 48 hours in advance of any construction or maintenance activity. You
must contact the State approved notification center at 811, in addition to contacting ET's field
representative Mr. Neil Balliew at 817-247-2236 or wesley.balliew@energytransfer.com,
before commencing any Crossing at or near ET's Pipeline Facility.
Unless you otherwise notify ET in writing, your receipt of this conditional letter of acceptance
shall be deemed to be evidence of your acceptance of and adherence to the above terms and
conditions.
�� �C� ��
Erik Van Aller
Project Manager, Encroachments
Energy Transfer
1300 Main Street
Houston, TX 77002
O: 713.989.2831
NC R
08/16/2024
Miguel and Rosie Duran
1844 E. Arlington Ave
Dallas, TX 75227
Re: Request to construct a 6' & or 8' fence located on the north and west property line and within
a 5' Utility Easement located on Lot 1R, Block 3, of Sycamore Central Industrial Park addition, an
addition of The City of Fort Worth, Tarrant County Texas, according to the Plat thereof recorded
in Volume 388-80 Page 35, Plat Records, Tarrant County, Texas.
PT# 2023-5115
Mr. & Mrs. Duran,
I have received your request to construct a 6' & or 8' fence located on the north and west property
line and within a 5' Utility Easement located on Lot 1 R, Block 3, of Sycamore Central Industrial
Park addition, an addition of The City of Fort Worth, Tarrant County Texas, at the above
referenced location. A portion of the proposed fence will be located within the Utility Easement.
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) 215-5238
Sincerely,
����t�,.
Mi
Duran Rosie
8/16/24
Date
S/16/24
Date
Spectrum►
09/08/2023
Rosie Duran
President
E. rosie@Sdtrucking.com
O: 817-343-9407
SUBJECT: Encroachment of easements surrounding and going through 1844 E Arlington Ave, Fort Worth
Texas76104
Spectrum Communications hereby grants encroachments for the purpose of a fence associated with the
property located at 1844 E Arlington Ave, within the City of Fort Worth, Texas 76104. Spectrum
Communications reserves the right to have access to any other applicable utility easements on the
property for the purpose of future construction or maintenance. The owner and/or lessee of said property
may also be responsible for the relocation/removal of any structure interfering with access to these
easements, if necessary.
Spectrum Communications currently does not have facilities within this easement. If it has not already
taken place, please call 1-800-DIG-TESS to have facilities marked and located within affected easements
before any excavations are started.
For future reference, please send all utility coordination, abandonments, encroachments, plat
signatures, serviceability requests, or notices of relocation to forcerelos@kinetic-eng.com. Please share
this information with whoever needs these services.
Sincerely,
��
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Tray Hapson � B�siness [3evelopmen# Speeial}st �{pj $17-29&3654 Cell 682-599-29$9
8545 Airport Freeway #i08 E Nprth Richland Hiils ��X 16180
EXHIBIT C
Certificate of Insurance
Tier II Easement Encroachment Agreement Page 14 of 14
Updated 2024