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HomeMy WebLinkAboutContract 63022Date Received: 3/27/2025 Time Received: 8:54 a.m. Record Number: PN24-00193 City Secretary No.: 63022 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 Donald Borger and Melody Borger ("Licensees"), acting by and through property owners. RECITALS WHEREAS, Licensee is the owner of the real property located at 4017 Snow Creek Drive, Fort Worth, Texas 76008 ("Property"), being more particularly described as, Lot 25, Block 4, of Lost Creek, Phase I, an addition to the City of Fort Worth, Tarrant County, Texas, as recorded in Deed Records, by Instrument Number D223040019; 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, which plat is recorded in the plat records of Tarrant County in Volume 388-115, Page 97; 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 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, OFFICIAL RECORD Tier II Easement Encroachment Agreement CITY SECRETARY Page 1 of 14 FT. WORTH, TX Updated 2024 installing, and maintaining a pool (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 14 Updated 2024 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 Updated 2024 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 homeowner insurance policy for the property 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 $300,000.00 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 Tier II Easement Encroachment Agreement Page 4 of 14 Updated 2024 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. Tier II Easement Encroachment Agreement Page 5 of 14 Updated 2024 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. 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. Tier II Easement Encroachment Agreement Page 6 of 14 Updated 2024 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 7 of 14 Updated 2024 EXECUTED to be effective on the date signed by the City's Director of Development Services Department City: CITY OF FORT WORTH By: Dalton Harrell (Mar 27, 2025 08:25 CDT) D. J. Harrell Director, Development Services Department Date: Mar 27, 2025 "'�°° Approved As To Form and Legality ATTEST: aoF°°° ° °,,yd, l-o. oho s=o V � � daynn�9sa4ti 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. kvebecca Oweil Rebecca Owen (Mar 24, 2025 17:02 CDT) Rebecca Owen Development Services Manager OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Tier II Easement Encroachment Agreement Page 8 of 14 Updated 2024 Licensee; Property Owner By; _ =� ' I' r Name: ll Flo R t,e Title; Proptrty Owner Date: . ' 2— STATE OF § COUNTY OF y § BEFORE ME, the undersigned authority, a Notary Public in and For the State cal - on this day personally appeared Melody Burger, 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, and in the capacity therein sated. LINEN T-INDER MY HAND AND SEAL OF OFFICE this day of Afr \ , 2024. Notary Public in and for the State ofX Tier II Eascmrnt Enrroaehment Agreement .......... yf MAROUINTON MCCRAY �-Notary Public State Texas 4r T es Comm. Expltes 03-08-2028 iii, Notary it) 134800517 'weal _ -- — Page 10 or 14 Updated 2024 0 Licensee: Property Owner By: Name; Donald Borger Title: Property Owner Date; 3 y 121, ^ STATE OF § COUNTY OF �� BEFORE MLA, the undersigned authority, a Netar_y Public in and for the State of on this day personally appeared Donald Borger, 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 ror the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this , day of X1 •2024. Notary Public in and for the �,����. ���, - - i Notary Public, State of Taxes State' of ' -` ' `'; '."`= Comm. Ex dre5 N4trtry It) t34g0()617 Tier Il Easement Fncroachment Agreement Page 9 of 14 Updated 2024 ""THIS PAGE FUR UITY OF FURT WUKTH UFFIUE 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 the City of Fort Worth, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 27th day of March , 2025. mm�� (61M Notary Public in and for the State of Texas Tier II Easement Encroachment Agreement YPVWENDY L BEARDSLEE Notary Public + * STATE OF TEXAS Notary I.D. 13323719-3 9�OF My Comm. Exp. July 28, 2025 Page I I of 14 Updated 2024 EXHIBIT A Depiction and description of the Encroachment Tier II Easement Encroachment Agreement Page 12 of 14 Updated 2024 EXHIBIT A Pulliam Pools Innovating Since 1916 3817 Southwest Blvd, Fart Worth TX 76116 PHONE (817) 346-4778, FAX (817) 346-6353 5' WROUGHT IRON FENCE LINE RAILROAD TIE RETAINING WALL �.E PROPERTY LINE andrew@pulliam.com * www.pulliam.com JOB SP CIFICATIONS JOB #. 200032 E_- UE ITS-UE - UE - _____ UE — uEuE — uE — uE uE _ _ _ _ _ — uE — uE — uE — uF _ _ _ _ _ _ _ _ — uE _ r — _ �E-=�----------- UE UE UE UE UE uE = Pool Size 20'8" X 17'6" Perimeter 76' Approximate Gallons 9 460 dl II DRAINAGE _ DRAINAGE _ � v DRAINAGE _ I 3.5' X 5' X 4' 322 SQ.FT. Pool Depth Area PROPOSED STRUCTURE & _ — — — — —_ — —� — m pump JANDY VARIABLE SPEED 2.7HP. W.F PUMP PROPANE GRILL*cA i-----I i- I (SHEERS) ---- DoR -----BL Do--------- --- -- --- — o- ---------------------------- 10' UTILITY EASEMENT TO BE ABANDONED Back Wash To N/A Filter CARTRIDGE 580 Heater N/A -------------- 10'-11" Z. POTHOLE DONE BY TURNKEY Pool Cleaner POLARIS BLACKMAX Main Drain DUAL ANTI -VORTEX PROPOSED POOL IN CONDUIT -18" DEEP (SEE SEPARATE PERMIT) Skimmer.2 Return Lines 4 L 68-9 Plaster WETEDGE SIG MATRIX LEVEL 1 12'-Z' 20'-0" PROPERTY Co in LEUDERS LVL1 PROPERTY LINE f J-BOX QI m 5 WROUGHT IRON FENCE LINE ' NEW 17' 54" TALL HORIZONTAL BOARD ON BOARD FENCE , RAILROAD m , INITIAL RELEASE %////'BEN/, EXISTING COVERED CAP WISUNDEK P 9 Tile Choice STANDARD 1"X1" Conc Decks 475 SOFT. SUNDEK MULTI -COLOR EXISTING DRIVEWAY 348 SQ.FT. WILL BE STAMPED WOOD Patio Cap 237 SOFTSUNDEK MULTI -COLOR a �F REMOVE EXISTING r I \ WALKWAY Legal Description .ONE STORY BRICK & FRAME RESIDENCE Lot 21 Block 4 STRUCTURE PERMIT Tract LOST CREEK Dig Tess 2475695515 Power ONCOR Designer NICK FARRICY ELECTRIC METER ON SIDE F HOUSE TO TRANSFORME& UNDERGROUNDR IN FRONT ELECTRIC RUNS FROM IT YARD Owner MELODY & DONALD BORGER Jab Address 4017 SNOW CREEK DRIVE City ALEDO TEXAS76008 Cell 1 817-706-2262 (MELODY) Cell O 817-658-6698 (DONALD) Bench 18' Lights 1) Pool INFINITF WATERCOLOR Electrical 200' Gas N/A Spa N/A Spa Elevation N/A Spa Jets N/A Additional Job Notes TRU-CLOR W/ TRUGUARD IQ904-POOL OVERFLOW (1) UMBRELLA SLEEVE (3)12' SHEER DESCENTS 18" RAISED BEAM 12" DROP BEAM JANDY HEAT PUMP/CHILLER 360 SQ.FT. ARBOR W/ POLYGAL COVER, 274- STUDDED FRAMED WALL W/T&G VENEER, 6"X6" BLACK METAL POSTS, WIRE FOR (2) CEILING FANS 'FANS NOT INCLUDED', (6) BULLET LIGHTS, (3) OUTLETS, (2) SWITCHES T GRANITE BBO COUTER W/ BARTOP, (1) OUTLET 17' - 54' TALL HORIZONTAL BOARD ON BOARD FENCE (1) HOUR PRE -GRADE (1) LOAD TOPSOIL FENCE PUT BACK (2) PANELS (1) GATE TO CODE Owner Owner Drafter A.W. Current Rev A 1 OF 2 r LOT 24, BLOCK 4 LOST CREEK, PHASE I VOLUME 388-115, PAGE 97 (N89"25'45"W 110.00) N89023'48"W 109.97' L1 N PLACE OF BEGINNING L3 �=o EASEMENT ENCROACHMENT �- 0.0054 OF AN ACRE o 237 SQ. FT. N LOT 25, BLOCK 4 LOST CREEK, PHASE I VOLUME 388-115, PAGE 97 DONALD BORGER AND MELODY BORGER DOCUMENT NO. D223040019 LINE TABLE NO. I BEARING LENGTH L1 1 N89°23'48"W 10.00, L2 S00"29'45"W 10,70' L3 I S89"30'16"E 5.57' L4 I N89°30'15"W 5.57' ANY DECLARATION MADE HEREON OR HEREIN IS MADE TO THE ORIGINAL PURCHASER OF THE SURVEY. IT IS NOT TRANSFERABLE TO ADDITIONAL INSTITUTIONS OR SUBSEQUENT OWNERS. w LO N O Z L w THE SURVEYOR WILL NOT BE RESPONSIBLE TO THE CLIENT FOR ANY TYPOS OR ERRORS FOR WHICH A CORRECTION IS NOT REQUESTED BY THE CLIENT WITHIN THIRTY DAYS FOLLOWING THE ISSUANCE OF THIS SURVEY. BEARINGS AND COORDINATES ARE BASED ON THE TEXAS COORDINATE SYSTEM OF THE NORTH AMERICAN DATUM OF 1983 — J (2011) EPOCH 2O10, NORTH CENTRAL ZONE 4202 (US SURVEY FEET) 1 FROM GPS OBSERVATIONS USING THE RTK COOPERATIVE NETWORK. NO ABSTRACT OF TITLE OR TITLE COMMITMENT WAS PROVIDED TO THIS SURVEYOR. RECORD RESEARCH DONE BY THIS SURVEYOR WAS MADE ONLY FOR THE PURPOSE OF DETERMINING THE BOUNDARY OF THIS PROPERTY AND OF THE ADJOINING PARCELS. RECORD DOCUMENT OTHER THAT THOSE SHOWN ON THIS SURVEY MAY EXIST AND ENCUMBER THIS PROPERTY. ONLY ABOVE GROUND, READILY VISIBLE IMPROVEMENT ARE SHOWN HEREON. THERE MAYBE UNDERGROUND UTILITIES, INCLUDING GAS PIPELINES THAT CROSS THIS PROPERTY THAT ARE NOT SHOWN HEREON. BUILDING LINES AND EASEMENTS SHOWN HEREON ARE BASED ON THE RECORDED PLAT. THERE MAY BE OTHER RESTRICTIONS FILED WITH THE COUNTY THAT AFFECT THE SUBJECT PROPERTY AND ARE NOT SHOWN HEREON. LEGEND ` E ELECTRIC METER O V WV WATER VALVE • WM WATER METER • WW WATER WELL IRRIGATION CONTROL VALVE 0 GV V GAS VALVE 0 GM GAS METER 0 SSMH MMHO E 0 OSSF ON SITE SEWERSEWER SEWER FACILfTY FACILITY 0 MANHOLE MH MANHOLE PP POE LS LIGHTRT STANSTANDARD G ES ELEC SOX C 7R TELEPHONE RISER M--yr- WIRE FENCE B� WOOD FENCE CHAIN NCE $--ems IRON FENCE 0 ENCE US UNDERGROUND OH U OVERHEAD UTILITY FH FIRE HYDRANT ET ELECTRIC TRANSFORMER SS SANITARYSEWER SSCO SANITARY SEWER CLEANOUT MH MANHOLE STSMH STORM SEWER MANHOLE BLDG BUILDINGW/PERMMIENTFOUN(ATION SHED STRUCTURE WITH NO PERMANENT FOUNDATION AC AIR CONDITIONER POSE PUBLIC OPEN SPACE EASEMENT (PF IRON PIPE FOUND IRF IRON ROD FOUND IRS 5Ia• IRON REBAR SET MARKED'A.WARO" IRA 5/8' IRON REBAR RECOVERED ©MARKED -A -WARD' CONTROL MONUMENT BEARINGS OR DISTANCE SHOWN IN'()' ARE PLAT OR DEED CALL ALL BLDG DIMENSIONS ARE REFERENCED TO THE EXTERIOR FOOTPRINT 10, 0 40' 80' 30' GRAPHIC SCALE SCALE IN FEET 1 "= 10' ,,,A -WARD PROJECT NO: 2025-1202 SNOW CREEK DR-EXHIBI GAMy Ddw\7 Survey 2512025-1202 SnmC—k 4017,2025-1202 SNOW CREEK DR-EXHISITd"g, 3/4/2D254:30:04 PM 0 N �n 0) N O U) LOT 26, BLOCK 4 LOST CREEK, PHASE I VOLUME 388-115, PAGE 97 WI q2 Ili PLACE OF COMMENCING N �ex�s a•1.� Og44 BEFOA� I I � O a U� Io O _� 0 W N w Z 0 r Nz d1 C7 2 w O N OM U U) :3O �w 6 wa f �cb m F LU bJ 0 __1 I 751SIRFOT 27,BLOCK 4 TCREEK,PHASEI ME 388.115, PAGE 97 A -Ward Surveying A, -' G TegF+y 4p..Ir l Professional Land Surveyor, No. 5605CO - N •N S LS JAM ES P A U L WARD :.A ..... .5606 . 0 SUR�� SHEET 1 OF 2 EASEMENT ENCROACHMENT EXHIBIT BEING Part of Lot 25, Block 4, LOST CREEK, PHASE I, an addition to the City of Fort Worth, Tarrant County, Texas, according to the Plat recorded in Volume 388-115, Page 97, Deed Records, Tarrant County, Texas. 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 BEING Part of Lot 25, Block 4, LOST CREEK, PHASE I, an addition to the City of Fort Worth, Tarrant County, Texas, according to the Plat recorded in Volume 388-115, Page 97, Deed Records, Tarrant County, Texas; embracing all of that certain tract of land described in the deed to Donald Borger and Melody Borger as recorded in Document No. D223040019, Official Public Records, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: Coordinates and Bearings are based on the Texas Coordinate System of the North American datum of 1983 (2011) epoch 2010, north central zone 4202 (us survey feet) from GPS observations using the RTK cooperative network. Distances and Areas are surface. COMMENCING at a 5/8" iron rod found (Northing: 6943722.90', Easting: 2267594.04') for the northeast corner of said Lot 25 common to the southeast corner of Lot 24 of said Block 4 and being on the west line of that certain tract of land described in the deed to Uncommon Sense 8 LLC as recorded in Document No. D224110974 of said official public records, from which a 5/8" iron rod found for the southeast corner of said Lot 25 bears South 0°29'45" West, a distance of 100.05 feet (South 0°34'15" East, a distance of 100.00 feet) and from which a capped iron rod found for the northwest corner of said Lot 25 and being on the east right-of-way line of Snow Creek Drive, a 50' wide right-of-way as dedicated on said LOST CREEK, PHASE I bears North 89°23'48" West, a distance of 109.97 feet (North 89°25'45" West, a distance of 110.00 feet); THENCE North 89°23'48" West, along the common line of said Lot 25 and said Lot 24, a distance of 10.00 feet to point at the intersection of said common line and the west line of a 10' wide utility easement as dedicated on said LOST CREEK, PHASE I; THENCE South 0°29'45" West, along the west line of said 10' wide utility easement, a distance of 10.70 feet to the POINT OF BEGINNING (Northing: 6943712.30', Easting: 2267583.95'); THENCE over and across said Lot 25, the following courses and distances: South 89'30'16" East, a distance of 5.57 feet; South 0°29'45" West, a distance of 42.50 feet; North 89'30'15" West, a distance of 5.57 feet to a point on the aforementioned west line; North 0°29'45" East, along said west line, a distance of 42.50 feet to the POINT OF BEGINNING and containing 0.0054 of an acre or 238 square feet of land. a SHEET 2 OF 2 EASEMENT ENCROACHMENT EXHIBIT BEING Part of Lot 25, Block 4, LOST CREEK, PHASE I, an addition to the City of Fort Worth, Tarrant County, Texas, according to the Plat recorded in Volume 388-115, Page 97, Deed Records, Tarrant County, Texas. 0 40' 80, 30 HARD 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 ,,A -WARD PROJECT NO: 2025-1202 SNOW CREEK DR -EXHIBIT TBPELS Firm No. 10194435 of G:\My Drive\1 Survey 25\2025-1202 Snow Creek 4017\2025-1202 SNOW CREEK DR-EXH I BIT.dwg, 3/4/2025 4:29:58 PM J ENCROACHMENT AREA 1 5' WROUGHT IRON FENCE LINE RAILROAD TIE RETAINING WALL UE --UE - UE _E - UE TuE - UE - UE - VE 7ZZUE UE iI DRAINAGE _ DRAINAGE. I /DRAINAGE _ PROPOSED STRUCTURE & 11 PROPANE GRILL ,'.=EA � �♦-----I i— - ` 1' 3„ Pulliam Pools Innovating Since 1916 3817 Southwest Blvd, Fort Worth TX 76116 PHONE (817) 346-4778, FAX (817) 346-6353 *andrew@pulliam.com * www.pulliam.com PROPERTY LINE JOB SPECIFICATIONS JOB #: 200032 UE UE UE _UE ur= �E----------- Pool Size Perimeter UE UE UE UE VE UE UE "E UE = Approximate Gallons 9 460 i Pool Depth 3.5' X 5' X 4' Area 322 SOFT. Pump JANDY VARIABLE SPEED 2.7HP. W.F PUMP (SHEERS) u, a Back Wash To NIA 10' UTILITY EASEMENT TO BE ABANDONED -------Filter CARTRIDGE 580Heater N/A --------------------- POTHOLE DONE BY TURNKEY Pool Cleaner POLARIS BLACKMAX j— f I 10'-11" O IN CONDUIT -18" DEEP Main Drain DUAL ANTI -VORTEX PROPOSED POOL L (SEE SEPARATE PERMIT) 68, 9„ Skimmer.2 Return Lines 4 ` 12'-2" 20'-0" t 1 Plaster WETEDGE SIG MATRIX LEVEL 1 — — — PROPERTY LINE f .-BOX QI P 5 WROUGHT IRON FENCE LINE ' NEW 17' 54" TALL HORIZONTAL BOARD ON BOARD FENCE jRAILROAD � I m , INITIAL RELEASE VNEMME/, C EXISTING COVERED CAP W/ SUNDEK PROPERTY Coping LEUDERSLVL1 Tile Choice STANDARD 121" Conc Decks 475 SOFT. SUNDEK MULTI -COLOR EXISTING DRIVEWAY 348SO.FT.WILL BESTAMPED WOOD Patio Car 237 SO FT_ SUNDEK MULTI -COLOR 5 \ &' \ `F REMOVE EXISTING r I \� WALKWAY m Legal Description ONE STORY BRICK & FRAME RESIDENCE Lot 25 Block 4 STRUCTURE PERMIT Tract LOST CREEK Dig Tess 2475695515 Power ONCOR Designer NICK FARRICY MEMO" i LECTRIC METER ON SIDE OF HOUSE T& UNDERGROUND ELECTRIC FROM IT O TRANSFORMER IN YARD Owner MELODY & DONALD BORGER Job Address 4017 SNOW CREEK DRIVE City ALEDO TEXAS 76008 Cell 1 817-706-2262 (MELODY) Cell? 817-658-6698(DONALD) Bench 18' Lights (1) POOL INFINITE WATERCOLOR Electrical 200' ra. NIA Spa N/A Spa Elevation NIA Spa Jets N/A Additional Job Notes TRU-CLORW/TRUGUARD Q904POOL OVERFLOW (1) UMBRELLA SLEEVE (3) 12' SHEER DESCENTS I& RAISED BEAM 2' DROP BEAM JANDY HEAT PUMPICHILLER 360 SQ.FT. ARBOR WI POLYGAL COVER, 274' STUDDED FRAMED WALL W1 T&G VENEER, E'XB' BLACK METAL POSTS, WIRE FOR (2) CEILING FANS *FANS NOT INCLUDED`, (6) BULLET LIGHTS, (3) OUTLETS, (2) SWITCHES T GRANITE BBQ COUTER WI BARTOP, (1) OUTLET 1T - 54' TALL HORIZONTAL BOARD ON BOARD FENCE (1) HOUR PRE -GRADE (1) LOAD TOPSOIL FENCE PUT BACK (2) PANELS (1) GATE TO CODE Owner Owner Drafter A.W. Current Rev A 1 OF 2 -6 _ \ R� �/11�01 r =—= IIIIIIIIIIII p ——lLLUll1.�11�ILV�11N1NL ==0111. — _—=___—_—_____ — —- _ _ FRONT 411,13. i LI 0 INITIAL RELEASE A T. A SLOPE ARBOR FOR POLYGAL COVER 2" X 6" CEDAR RAFTERS @ 16" G.G. 2" X 10" CEDAR MAIN BEAMS 6" X 6" BLACK METAL POSTS CEDAR POST TRIM 2" X 6" RAFTERS @ 16" OC SLOPED FOR POLYGAL COVER — 2"X4" Y.P. STUDDED SCREEN WALL VENEERED 16-0" W/ PINE T&G EACH SIDE 13'-6" 1'-3" 2" X 10" CEDAR POLYGAL ROOFS WILL LIKELY o LEAK UNDER WET CONDITIONS j MAIN BEAMS X j 6" X 6" BLACK HOMEOWNER UNDERSTANDS METAL POSTS � Zn:— WATER WILL ENTER THIS AREA _ CEDAR POST TRIM 18"X18"X36"GONG. PIER W/#3 r -- iii REBARS AND STIRRUPS MTL. POST INSTALLATION (TYP) I I SIDE VIEW L� 3' 6" CEDAR ARBOR DETAILS I 6.._ 4'4" g_0^ 2"X4" Y.P. STUDDED SCREEN WALL VENEERED W/ PINE T&G EACH SIDE 2" X 4" SLATS 2"-3" APART W/ POLYGAL COVER 27-6" (Nor SHOWN FOR CLARITY) READY SEAL: DARK WALNUT 20'-0" 2" X 10" CEDAR MAIN BEAMS 2" X 6" CEDAR RAFTERS F @ 16" D.C. 6" X 6" BLACK METAL POSTS / FRAMING PLAN OUTLET IN (2) BULLET BACKSPLASH LIGHTS POST DETAIL --- �n cwu OUTLET+18" 6" X 6" POSTS OUTLET FOR MASTIC MASTIC TV Qe QooR DECK DECK I FANS NOT INCLUDED** I I � o N 18" X 18" X 36" GONG. I SWITCH LOCATIONS \\ PIER W/#3 REBARS J-BOXES FOR (1) FOR BULLET LIGHTS \ AND STIRRUPS MTL. I CEILING FANS (2) FOR CEILING FANS 1 POST INSTALL (TYP) r7L - - - - - - - - - - - - - /'17 7f HIGH OUTLET � / ELECTRIC PLAN STRUCTURE PERMIT Legal Description ONE STORY BRICK & FRAME RESIDENCE Lot 25 Block 4 Tract LOST CREEK Dig Tess 2475695515 Power ONCOR Designer NICK FARRICY Owner MELODY & DONALD BORGER Job Address 4017 SNOW CREEK DRIVE City ALEDO. TEXAS 76008 Cell 1 817-706-2262 (MELODY) Cell 2 817-658-6698 (DONALD) Pulliam Pools Innovating Since 1916 3817 Southwest Blvd, Fort Worth TX 76116 PHONE (817) 346-4778, FAX (817) 346-6353 *andrew@pulliam.com * www.pulliam.com JOB SPECIFICATIONS JOB #: 200032 Pool Size 20'8" X 17'6" Perimeter 76' Approximate Gallons 9 460 Pool Depth 3.5' X 5' X 4' Area 322 SOFT. Pump JANDY VARIABLE SPEED 2.7HP. W.F PUMP (SHEERS) Back Wash To N/A Filter CARTRIDGE 580 Healer N/A Pool Cleaner POLARIS BLACKMAX Main Drain DUALANTI-VORTEX Skimmer 2 Return Lines 4 Plaster WETEDGE SIG MATRIX LEVEL 1 Coping LEUDERS LVL1 Tile Choice STANDARD 1"X1" Conc Decks 475 SOFT. SUNDEK MULTI -COLOR 348 SQ.FT. WILL BE STAMPED WOOD Patio Car 237 SO FT_ SUNDEK MULTI -COLOR Bench 18' Lights (1) POOL INFINITE WATERCOLOR Electrical 200' ra. N/A Spa N/A Spa Elevation N/A Spa Jets N/A Additional Job Notes TRU-CLORW/TRUGUARD Q904POOL OVERFLOW (1) UMBRELLA SLEEVE (3) 12-SHEER DESCENTS 1&' RAISED BEAM 12'-24' DROP BEAM JANDY HEAT PUMPICHILLER 360 SQ.FT. ARBOR WI POLYGAL COVER, 274' STUDDED FRAMED WALL W1 T&G VENEER, 6%9' BLACK METAL POSTS, WIRE FOR (2) CEILING FANS *FANS NOT INCLUDED`, (6) BULLET LIGHTS, (3) OUTLETS, (2) SWITCHES T GRANITE BBQ COUTER WI BARTOP, (1) OUTLET 1T - 54' TALL HORIZONTAL BOARD ON BOARD FENCE (1) HOUR PRE -GRADE (1) LOAD TOPSOIL FENCE PUT BACK (2) PANELS (1) GATE TO CODE Owner Owner Drafter A.W. Current Rev A 2 OF 2 EXHIBIT B Franchise Utility Letters Tier II Easement Encroachment Agreement Page 13 of 14 Updated 2024 Docusign Envelope ID: 4649916A-054B-4228-9lA7-18F47B55FC35 TMOS energy October 31, 2024 Nicklaus Farricy 4017 Snow Creek Drive Aledo, TX 76008 Re: Encroachment into Utility Easement - Dear: Nicklaus Farricy, Upon your request, I have reviewed the location of 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 damage caused to Atmos facilities due to such encroachment will be billed to the party causing the damage. If you have questions, please contact me at (817) 319-2237. Sincerely, VDoc Signedby- i1— J �1�bO0- QL'o. 0761 AE1 BEODD48B... Jason Gilson Project Specialist Atmos Energy Corporation 901 Altamesa, Fort Worth, Texas 76134 P 817-319-2237 timothy.gilson@atmosenergy.com atmosenergy.com AT&T AT&T Right -of -Way 13845 FAA Blvd. Fort Worth, TX 76155 November 8, 2024 Nick Farricy Pulliam Pools 3817 Southwest Blvd Fort Worth, TX 76116 RE: AT&T Letter of No Objection - Pool Construction Lost Creek Addition — Lot 25, Block 4 — D177073761 Aledo, Tarrant County, Texas Mr. Farricy, Southwestern Bell Telephone Company, d/b/a AT&T Texas, has no objections to the construction of the pool on the property referenced above at 4017 Snow Creek Drive. 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 Texas8l l for underground locates before any digging is done. Costs of any damages to our facilities would be at your expense. Please let me know if you have any questions or concerns. Sincerely, Ray A. Garcia AT&T — Sr. Specialist OSP Design Engineer I Right -of -Way 817-550-7576 ray.earcia@ati.com Date: 12/30/2024 Customer/Property Owner: Street Address: City / State / Zip: Donald (Don) Borger 4017 Snow Creek Dr, Aledo, TX 76008, USA NC R Re: 2024-4562 4017 Snow Creek Dr. - UE Encroachment — Being Lot 25, Block 4, Lost Creek, an Addition to the City of Aledo, Tarrant County, Texas, To whom it may concern: have received your request to construct and utilize a private pool ("Encroaching Facility") at the above referenced location. A portion of the proposed encroaching facility 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, Ally etancur Right of Way Analyst. Print and Sign Name (Date) Spectrum► November 4,2024 Pulliam Pools .nntirnur]j Sig ae .914 3817 SoulhwesE ENd, Fort Worth TX 76116 PHONE (817) 346.4778. FAX 1617 i 34M353 * andmw puluam_com ' www_pulliam.WM SUBJECT: Encroachment at 4017 Snow Creek Drive Fort Worth, TX. Spectrum Communications hereby grants an encroachment for the purpose of relocating a fence line into a portion of the General Utility Easement associated with the property located at 4017 Snow Creek Drive within the City of Fort Worth, TX. Spectrum Communications reserves the right to have access to any 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 has 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, or serviceability requests, or notices of relocation to forcerelos@kinetic-eng.com. Please share this information with whoever needs these services. Sincerely, ?X�e' 0LC"e'VtA0- 5 pectrumoo. Charter Jessie Acevedo) Business Development Specialist I (C) 469 595-3004 1565 Chenault St, Dallas TX ,75228 EXHIBIT C Certificate of Insurance Tier II Easement Encroachment Agreement Page 14 of 14 Updated 2024 StateFarm- Coverage afforded by this policy is provided by: State Farm Lloyds PO BOX 853907 Richardson TX 75085-3907 A Lloyds Company In Dallas, Texas DECLARATIONS We will provide the insurance described in this policy in return for the premium and compliance with all applicable provisions of this policy. Policy number: 43-G1-D516-8 Effective date from: 03/08/2024 to: 03/08/2025 (Policy period -12 months) The Policy Period begins and ends at 12:01 a.m. Standard Time at the residence premises. Location of residence premises: 4017 Snow Creek Dr Aledo, TX 76008-3592 Named insured and mailing address: Borger, Donald & Melody 4017 Snow Creek Dr Aledo, TX 76008-3592 Mortgagee and additional interests Coverages and limits Policy type: Homeowners Limit of Liability - Section 1 Coverage Dwelling Personal Property Limit of Liability - Section 2 Coverage Personal Liability Medical Payments to Others Al - Replacement Cost - Similar Construction Increased Dwelling Up to $121,040 - Option ID Limit $605,200 $453,900 Limit $500,000 $3,000 Page 1 of 2 559-916.5 Prepared: 11-05-2024 APPLICANT COPY Deductibles Section I Deductible: 1 % $6,052 All losses - In case of loss under this policy, the deductible will be applied per occurrence and will be deducted from the amount of the loss. Earthquake: Wind/Hail Deductible: 1% $6,052 Policy premium $ 5849 Forms, Options, & Endorsements HW-2143 Homeowners Policy Limited Seepage Or Leakage Amendatory Endorsement Dwelling Foundation Automatic renewal If the Policy Period is shown as 12 months, this policy will be renewed automatically subject to the premiums, rules and forms in effect each succeeding policy period. If this policy is terminated, we will give you and the Mortgagee/Lienholder written notice in compliance with the policy provisions or as required by law. State Farm agent Lindsay Ellis 106 Eureka St Ste 106 Weatherford, TX 76086-5433 (817) 594-0252 Agent code: 1890 Policy number: 43-G1-D516-8 Borger, Donald & Melody Page 2 of 559-916.5 Prepared: 11-05-2024 APPLICANT COPY