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Home My WebLink About063968 - General - Contract - Brett Evan Schroeder and Rachel Lynn LewisDate Received: 9/17/2025 Time Received: 12:54 p.m. Record Number: PN25-00133 City Secretary No.: 63968 PUBLIC PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMENT TIER 11 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 Brett Evan Schroeder and Rachel Lynn Lewis, acting by and through its duly authorized property owners. RECITALS WHEREAS, Licensee is the owner of the real property located at 6224 Ridglea Crest Drive, Fort Worth, Texas 76116 ("Property"), being more particularly described as, Lot 2, Block 1, of Ridglea Crest Addition, an addition to the City of Fort Worth, Tarrant County, TeXas, as recorded in Deed Records, by Instrument Number D224186897; 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, which plat is recorded in the plat records of Tarrant County in Volume 388-202, Pages 78-80; 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: OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Tier II Easement Encroachment Agreement Page 1 of 14 Updated 2024 AGREEMENT � 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 retaining wall (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 Tier II Easement Encroachment Agreement Page 2 of 14 Updated 2024 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 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. Tier II Easement Encroachment Agreement Page 3 of 14 Updated 2024 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. LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES HEREBY INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, AND ELECTED OFFICIALS FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, EXISTENCE, OR LOCATION OF THE ENCROACHMENT AND USES GRANTED HEREUNDER, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, ELECTED OFFICIALS, OR INVITEES OF THE CITY; AND LICENSEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR SUCH CLAIMS OR SUITS. LICENSEE SHALL LIKEWISE ASSUME ALL LIABILITY AND RESPONSIBILITY AND SHALL INDEMNIFY CITY FOR ANY AND ALL INJURY OR DAMAGE TO CITY PROPERTY ARISING OUT OF OR IN CONNECTION WITH THE ENCROACHMENTS AND ANY AND ALL ACTS OR OMISSIONS OF LICENSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, OR INVITEES. 10. While this Agreement is in effect, Licensee agrees to furnish City with a 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 Tier II Easement Encroachment Agreement Page 4 of 14 Updated 2024 $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 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. Tier II Easement Encroachment Agreement Page 5 of 14 Updated 2024 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. 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. Tier II Easement Encroachment Agreement Page 6 of 14 Updated 2024 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. [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 �aGtoh �fa�Y�GC sy: �,��-„-�� s�� _��,,,�,,�R��r D. J. Harrell Director, Development Services Department Date: 09/16/2025 444'�bpn�� aa� FORt a ��.�°�� °°�`L��Ad ATTEST: p ~jg o o�=d °°d* °�o o ° �� 1� ��- ��n� nE4p5qo.� � 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. e�� Kandice Merrick 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: � � Name: Brett Evan Schroeder Title: Pr pe y Owner Date: �� /��j� STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notaiy Public in and for the State of Texas, on this day peisonally appeared Brett Evan Schroeder known to ine to be the person whose name is subscribed to the foregoing instrument and acicnowledged to me that he or she executed the same for the put•poses and consideration therein expressed, and in the capacity therein stated. �, GIVEN UNDER MY HAN� �� ' �C �� 2025. ,� �` r I � � �� - `?� Notaty Publr in and for the State of Texas Tier II Easement Encroaclnnent Agreement AND SEAL OF OFFICE this =�.P0.Y P�d^ SARA JOSEPH � Notary ID #126152955 '� "y f My Commission Expires � �'ov'� August 1, 2027 � � �� , ,� �„ , a I � { � � day of Page 9 of 13 Updated 2024 Licensee: PropertxOwner : Name: Rachel L'�fi Lewis Title: Propei-ty Owner Date: �� {�/�� i � STATE OF TEXAS § COUNTY OF TARR_ANT § BEFORE ME, the undersigned authority, a Notaiy Public in and for the State of Texas, on this day personally appeared Rachel Lynn Lewis 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 stated. � t GIVEN LTNDER MY HAND AND SEAL OF OFFICE this ;�� `�� day of ,'1'�,v :i"t��-�t��l�a� , 2025. � ��AY p�� SARA JOSEPH � � �`"'-` _ � Notary ID k126152955 j i ! ,� � �`�.�P My Commission Expires � I 'rF o� <E� August 1, 2027 � Notaiy Public in d for tlie � � �;� � �� . �. State of Texas Tier II Easement Encroachment Agreement Page 10 of 13 Updated 2024 �tt�l 11:1 i.`l V_l!f � 9l�J:i�11111'''l�J 1� 91�J.�1 l��i'L�J.�111: l�J �I �I l�l �111.y 91�J►1 A''�tt� 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 16thday of September 202 5 , • � 1��,�� ,/_��«✓<<�� Notary Public in and for the State of Texas � Wendy BeardSlee �My Commicclon Expires * 712812029 Notary 10133237193 Tier II Easement Encroachment Agreement Page 11 of 14 Updated 2024 EXHIBIT A Depiction and description of the Encroachment Tier II Easement Encroachment Agreement Page 12 of 14 Updated 2024 � 60DNF FOR REFERI 5 4°38'S2" W - 1 ExisTiN� RETAINING CTVP., LOT 4, BLOCK 2 SENISA HILL ADDITION � VOL. 388-6, PG. 118 '� ti� � 'Y1':: e ,� �OG MRD (CM) �� \ 5/8" z2F .. /�O '�O �Y r2.1' �l � (/�p@�p ��J EASEMENT 11 �PER PLAT `� PROPOSED � ve � ��CJ RETAINING .y'L /c y �< wn�� / �y�,e �e tio �P �� . � - ,r � `° � a..z� o L�Y� � � �--[.1' 0.0'� ��'. �-1.8' M10.7' 3 1 ', u., � � 61 w � N d ,r, w VACANT LOT '-", N � > C 6424 ) !. ,� 3 � � W � � o.s� r+ o.s� m � PROPOSE� - '� RETAINING - r{ WALL Z 5' UTILITV EASEMENT �F �1,013.73 SQUARE FEET '.NG 0.023 OF AN ACRE �$, 'COOM65' � L� �'�j 1/2 RC IRF 5' UTILITV EASEMENT ci$ IRF��'�I- NkWp co��; �//� w� N 62oza �T 00 � co rrzo� 90. 00' � 1 QF 6%Z„ _ Z�� IRF FOR REFERENCE 5/8'•�IRF�g51 1 3' 3 J o 5 17`24'31" W- 0.81' �o �m RIDGLEA CREST DRIVE o z ry wf _ � —� � _ _ _ _ _ _ (CM) i`-i O 1/2" IRF� � Y� BARRY S. RHODES Registered Professional �and surveyor (214) 326-1090 �- This is to certify that i have, this date, made a careful and accurate survey on the gl'ound of property located at 6424 RIDGELEA GREST DRIVE, in th2 City Of FORT WORTH, ` ` - TARRANT COUllty, T0Xd5. �� !..�� ' . _ ' � STATE OF TEXAS: COUNTY OF TARRANT: 2701 SUNSET RIDGE DRIVE, STE 303 ROCKWALL, TEXAS �so3z EAS E M E NT B O U N DARY � BURNS FIRM REGISTRATION N0. 10194366 5' UTILITY EASEMENT LEGEND w000 FeNce �� :Rory FeNce �� CHAIN LINK � WIRE FENCE �� 80lIN�ARV LINE � CM - CONTROLLIAG MONUMENT MRO - M0�'Uy,ENT OF RECORU DIGNITV '�._�POINT FOR CORNER i� 1/2�� IRON ROD WITH CAP STAMPED ��BURNS SIIRVEVING�� SET - x-cu* FouNo oa sE* (as ruo*Eo) ] FENCE POST FOR CORNER O MONUMEM FOUND EM - ELECTRIC METER �C - CAgLE � - ELECTRIC QQ -(LEAN OIIT PE - POOL EQIIIP � - WS METER • - POWER POLE e - FIRE HVDRANT ;� - TELEVHONE LI6HT POLE � - WATER METER MANNOLE � - N'ATER VALVE � ( UNLE55 OTHERWISE NOTED ) BEING d 5' utility easement d5 d pol't Of LOt 2, B10Ck 1, RIDGLEA CREST ADDITION, d11 nddition to the City of Fort worth, Tarrant County, Texas, according to the Plat thereof recorded irl VOlume 388-202, Pdge 78, Pldt R2COrd5, Tarrant COuhty, T2xd5 (P.R.T.C.T.), being a tract of land described in deed to rtachel �ynn �ewis, recorded under instrument No. D224186897, Deed Records, Tarrant County, Texas (D.R.T.C.T.), and being more particularly described by the following metes and bounds description: BEGINNING at a 1/2 inch red-capped iron rod stamped "cooMss" found in the North line of Ridglea Crest orive, at the common South corner of said �ot 2 and �ot 3 of said alock 1 of RIDGLEA CREST ADDITION, being the Southwest corner of herein described Utility easement; THENCE North 18 deg. 43 min. 14 sec. east, a distance of 115.49 feet to a point at the Northeast corner of said �ot 3, at the south corner of �ot 4, slock 2 of said rtID��ea CREST aooiTiON, from which a 60o nail found for reference bears South 04 deg. 38 min. 52 sec. west, a distance of 1.55 feet; THENCE North 72 deg. 48 min. 12 sec. East, a distance of 6.17 feet to a point for corner; THENCE South 18 deg. 43 min. 14 sec. west, a distance of 114.82 feet to a point for corner; THENCE South 62 deg. 30 min. 00 sec. East, a distance of 85.18 feet to a point in the W25t lin2 Of LOt 1 Of Sdid BIOCk 1 Of RIDGLEA CREST ADDITION; THENCE South 21 deg. 23 min. 45 sec. west, a distance of 5.03 feet to a 5/8 inch iron rod found in the nlorth line of said aidglea Crest orive, at the common South corner of said �ots 1 and 2; THENCE nlorth 62 deg. 30 min. 00 sec. west, with the North line of said kidglea Crest Drive a distance of 90.00 feet to the PLACE OF BEGINNING and containing 1,013.73 square feet or 0.023 of an acre of land. LZNE TABLE N0. LENGTH BEARING Ll 6.17' N 72°48'12 E 7HIS CERTIFICATION DOES NOT TAKE INTO L2 114.82� 5 18�43�14�� W CONSIDERATION ADDITIONAL FACTS THAT AN L3 85.18' S 62`30'00' E ACCURATE TITLE SEARCH AND OR L4 5.03' S Zl'23'45' W EXAMINATIONMIGHTDISCLOSE. This parcel depicted hereon is a true, correct, and accurate representation of the property as determined by survey; 7he lines and dimensions of said property being as indicated by the plat; The size, location, and type(s) of building(s) are as shown, all improvements being within the boundaries of the property setback from the property lines the distance indicated. TITLE AND ABSTRACTING WORK FURNISHED BY BLACK PINE PROPERTIES THERE ARE NO ENCROACHMENTS, CONFLICTS, OR PROTRUSIONS, EXCEPT AS SHOWN. SCd1E: 1�� = 30� USE OF THIS SURVEY FOR ANY OTHER PURPOSE 08-21-2025 �R OTHER PARTIES SHALL BE AT THEIR RISK Ddte: AND UNDERSIGNED IS NOT RESPONSIBLE TO �. F. No.: N/A OTHER FOR ANY LO55 RESULTING THEREFROM. �ob no.:202504953-02rHis SURVEV WAS PERFORMED EXCLUSNELY FOR BLACK PINE PROPERTIES DfaWn by: BM E OF T 'r.SSTFe' BARRY S.RHODES ,::� ...3691...P :.,�.. 9 �'•.FESSI�:'�O �ti�:.........J�� SUR STATE OF TEXAS: COUNTY OF TARRANT: 5' UTILITY EASEMENT BEING a 5' Utility Easement as a part of Lot 2, Block 1, RIDGLEA CREST ADDITION, an Addition to the City of Fort Worth, Tarrant County, Texas, according to the Plat thereof recorded in Volume 388-202, Page 78, Plat Records, Tarrant County, Texas (P.R.T.C.T.), being a tract of land described in deed to Rachel Lynn Lewis, recorded under Instrument No. D224186897, Deed Records, Tarrant County, Texas (D.R.T.C.T.), and being more particularly described by the following metes and bounds descripfion: BEGINNING at a 1/2 inch red-capped iron rod stamped "COOMBS" found in the North line of Ridglea Crest Drive, at the common South corner of said Lot 2 and Lot 3 of said Block 1 of RIDGLEA CREST ADDITION, being the Southwest corner of herein described Utility Easement; THENCE North 18 deg. 43 min. 14 sec. East, a distance of 115.49 feet to a point at the Northeast corner of said Lot 3, at the South corner of Lot 4, Block 2 of said RIDGLEA CREST ADDITION, from which a 60D nail found for reference bears South 04 deg. 38 min. 52 sec. West, a distance of 1.85 feet; THENCE North 72 deg. 48 min. 12 sec. East, a distance of 6.17 feet to a point for corner; THENCE South 18 deg. 43 min. 14 sec. West, a distance of 114.82 feet to a point for corner; THENCE South 62 deg. 30 min. 00 sec. East, a distance of 85.18 feet to a point in the West line of Lot 1 of said Block 1 of RIDGLEA CREST ADDITION; THENCE South 21 deg. 23 min. 45 sec. West, a distance of 5.03 feet to a 5/8 inch iron rod found in the North line of said Ridglea Crest Drive, at the common South corner of said Lots 1 and 2; THENCE North 62 deg. 30 min. 00 sec. West, with the North line of said Ridglea Crest Drive a distance of 90.00 feet to the PLACE OF BEGINNING and containing 1,013.73 square feet or 0.023 of an acre of land. � EXISTING RETAINING CTVP/., LOT 4, BLOCK 2 ( SENISA HILL ADDITION � � VOL. 388-6, PG. 118 '� ti� � 'Y�': � ,� 60DNF FOR REFERENCE 5 04°38'S2" W - 1.85' a 3 M � NW cooHE, � i QF�6j2: W �OG MRD (CM) �� \ 5/8" z2F .. /�O � '�O �� 1 3 ` ��J �EASEMENT � PER PLAT � f E;�0.3' n� e �CJ `U RETAINING ry n,V �' S �-( �' WALL p > � �� ° �`�� ^ n ��/ � p P5 � �`V 10' UTILITV EASEMENT � "-�� 1,133.52 SQUARE FEET � va Z� 0.026 OF AN ACRE � 0 '. N 0.0'. ' 3 1 'I u., � 2 "N VACANT LOT �, N C 6424 ) !. ,� .s' �. s' PROPOSED �RETAINING - WALL 0.8' I "COOM65" l �� 1/2" RC IRF 5' UTILITV EASEMENT c i8�� IRF��'� I-� N 62°30'00" w 90.00' (CM) kp 8/ 3l 3 zN � DIRECTIONAL CONTROL ) �1 � _ _ ____ ........ /Z�� IRF FOR REFERENCE 5/8'• IRF�g51g1 p3 J o 5 17`24'31" W- 0.81' �o �m RIDGLEA CREST DRIVE o z ry wf _ � —� � _ _ _ _ _ _ (CM) i`-i O 1/2" IRF� � 2701 SUNSET RIDGE DRIVE, STE 303 ROCKWALL, TEXAS �so3z EAS E M E NT B O U N DARY � BURNS FIRM REGISTRATION N0. 10194366 Y� BARRY S. RHODES Registered Professional �and surveyor (214) 326-1090 �- This is to certify that i have, this date, made a careful and accurate survey on the gl'ound of property located at 6424 RIDGELEA GREST DRIVE, in th2 City Of FORT WORTH, ` ` - TARRANT COUllty, T0Xd5. '� J• �� STATE OF TEXAS: COUNTV OF TARRANT: 10' UTILITY EASEMENT LEGEND w000 FeNce �� :Rory FeNce �� CHAIN LINK � WIRE FENCE �� 80lIN�ARV LINE � CM - CONTROLLIAG MONUMENT MRO - M0�'Uy,ENT OF RECORU DIGNITV '�._�POINT FOR CORNER i� 1/2�� IRON ROD WITH CAP STAMPED ��BURNS SIIRVEVING�� SET - x-cu* FouNo oa sE* (as ruo*Eo) ] FENCE POST FOR CORNER O MONUMEM FOUND EM - ELECTRIC METER �C - CAgLE � - ELECTRIC QQ -(LEAN OIIT PE - POOL EQIIIP � - WS METER • - POWER POLE e - FIRE HVDRANT ;� - TELEVHONE LI6HT POLE � - WATER METER MANNOLE � - N'ATER VALVE � ( UNLE55 OTHERWISE NOTED ) BEING a 10' Utility Easement a5 a pal't Of LOt 2, BloCk 1, RIDGLEA CREST ADDITION, an Addition to the City of Fort worth, rarrant County, rexas, according to the vlat thereof recorded in volume 388-202, Page 78, vlat aecords, Tarrant County, Texas (P.R.T.C.T.), being a tract of land described in deed to 2achel �ynn �ewis, recorded under instrument No. 0224186897, oeed 2ecords, Tarrant county, Texas (D.R.T.C.T.), and being more particularly described by the following metes and bounds description: coMMENciNc from a 1/2 inch red-capped iron rod stamped "cooMss" found in the North line of kidglea crest orive, at the common south corner of said �ot 2 and �ot 3 of said slock 1 of RIDGLEA CREST ADDITION; rtiENCe North 18 deg. 43 min. 14 sec. east, a distance of 115.49 feet to a point at the Northeast corner of said Lot 3, at the South corner of Lot 4, Block 2 of said RIDGLEA CREST aooiTiON, from which a 60o nail found for reference bears South 04 deg. 38 min. 52 sec. west, a distance of 1.85 feet; TtieNCe North 72 deg. 48 min. 12 sec. east, a distance of 6.11 feet to a point for corner, being the west corner of herein described utility easement, and being the PLACE oF se�iNNiN�; THENCE rvorth 72 deg. 48 min. 12 sec. east, a distance of 96.00 feet to a point for corner; THENCE south 36 deg. 45 min. 14 sec. east, a distance of 17.68 feet to a point in the west line of LOt 1 Of SdiCJ B�OCk 1 Of RIDGLEA CREST ADDITION; THENCE South 21 deg. 23 min. 45 sec. west, with the west line of said �ot 1 a distance of 11 J7 feet to a point for corner; THENCE North 36 deg. 45 min. 14 sec. west, a distance of 16.53 feet to a point for corner; THENCE 5outh 72 deg. 48 min. 12 sec. West, a distance of 96.19 feet to a point for corner; THENCE Nol'th 18 deg. 43 min. 14 SeC. EaSt, a diStanCe of 12.35 feet to the PLACE OF BEGINNING and containinq 1,133.52 square feet or 0.026 of an acre of land. LINE TA6LE NO. LENGTH BEARING L1 6.17' N 72"48'12" E �2 96.00' N 72°48'lY' e L3 17.68 5 36°45 14' E L4 11.77' S 21'23 45" W THIS CERTIFICATION DOES NOT TAKE INTO LS 16.83� N 36�45 14" W CONSIDERATION ADDITIONAL FACTS THAT AN L6 96.19' S 72°48 12" W ACCURATE TITLE SEARCH AND OR L7 12.35� N 18�43 14�� E EXAMINATIONMIGHTDISCLOSE. This parcel depicted hereon is a true, correct, and accurate representation of the property as determined by survey; 7he lines and dimensions of said property being as indicated by the plat; The size, location, and type(s) of building(s) are as shown, all improvements being within the boundaries of the property setback from the property lines the distance indicated. TITLE AND ABSTRACTING WORK FURNISHED BY BLACK PINE PROPERTIES THERE ARE NO ENCROACHMENTS, CONFLICTS, OR PROTRUSIONS, EXCEPT AS SHOWN. SCd1E: 1�� = 30� USE OF THIS SURVEY FOR ANY OTHER PURPOSE 08-21-2025 �R OTHER PARTIES SHALL BE AT THEIR RISK Ddte: AND UNDERSIGNED IS NOT RESPONSIBLE TO �. F. No.: N/A OTHER FOR ANY LO55 RESULTING THEREFROM. �ob no.:202504953-02rHis SURVEV WAS PERFORMED EXCLUSNELY FOR BLACK PINE PROPERTIES DfaWn by: BM E OF T 'r.SSTFe' BARRY S.RHODES ,::� ...3691...P :.,�.. 9 �'•.FESSI�:'�O �ti�:.........J�� SUR STATE OF TEXAS: COUNTY OF TARRANT: 10' UTILITY EASEMENT BEING a 10' Utility Easement as a part of Lot 2, Block 1, RIDGLEA CREST ADDITION, an Addition to the City of Fort Worth, Tarrant County, Texas, according to the Plat thereof recorded in Volume 388-202, Page 78, Plat Records, Tarrant County, Texas (P.R.T.C.T.), being a tract of land described in deed to Rachel Lynn Lewis, recorded under Instrument No. D224186897, Deed Records, Tarrant County, Texas (D.R.T.C.T.), and being more particularly described by the following metes and bounds description: COMMENCING from a 1/2 inch red-capped iron rod stamped "COOMBS" found in the North line of Ridglea Crest Drive, at the common South corner of said Lot 2 and Lot 3 of said Block 1 of RIDGLEA CREST ADDITION; THENCE North 18 deg. 43 min. 14 sec. East, a distance of 115.49 feet to a point at the Northeast corner of said Lot 3, at the South corner of Lot 4, Block 2 of said RIDGLEA CREST ADDITION, from which a 60D nail found for reference bears South 04 deg. 38 min. 52 sec. West, a distance of 1.85 feet; THENCE North 72 deg. 48 min. 12 sec. East, a distance of 6.17 feet to a point for corner, being the West corner of herein described Utility Easement, and being the PLACE OF BEGINNING; THENCE North 72 deg. 48 min. 12 sec. East, a distance of 96.00 feet to a point for corner; THENCE South 36 deg. 45 min. 14 sec. East, a distance of 17.68 feet to a point in the West line of Lot 1 of said Block 1 of RIDGLEA CREST ADDITION; THENCE South 21 deg. 23 min. 45 sec. West, with the West line of said Lot 1 a distance of 11.77 feet to a point for corner; THENCE North 36 deg. 45 min. 14 sec. West, a distance of 16.83 feet to a point for corner; THENCE South 72 deg. 48 min. 12 sec. West, a distance of 96.19 feet to a point for corner; THENCE North 18 deg. 43 min. 14 sec. East, a distance of 12.35 feet to the PLACE OF BEGINNING and containing 1,133.52 square feet or 0.026 of an acre of land. POST BY OTHER , PVC SLEEVE FOR I � BOSOiH�ER REO'D II I / ii�ii �i— I=� I �=I I-m � � '�� III � I�� ' NorE ouewc wsrnusnoN oF 1 — - HANDRAIL POST IF SLEEVE �ocnnoN ooEs Nor Ma1cN POS� LOCATION ff 5 PERMISSIBLE 10 CORE DR L THE 1'-8" DEPiH WALL SECTION W/HANDRAIL POST CONTRACTOR OPTION � 8'-0" MAX. I PROVIDE 3" DIA WEEP HOLES-� ><vv�,`��y =acE sroN[ a[R ��.'�y��1',��<� .�� yog WVER OR BUILDE '� �ag �038 �� f�� Ba° J_ _ � � $ 8��33o � � 0 — — � �_,Y �i�Y 7 ,I, � ) ili�i�i�i�i�i i�i i�i� ��i III �PROVIDE CONTROL JOINTS Q 16'-D" D.0 MAX. -III_V/21 Li� TYPICAL PLAN VIEW AT BASE 4' �ll � � XPA�NN51 M4�ERTAL 1A.RTAR �RW 1� .t°� ' � �i/2 / I } Aa h%... _......_.....,... � � A �RW1 K,.s. p3� I oo� � �' i CI5iF9 i�j � — a �� - � -- � — y a �y ) �� PRCNIDE CGNTROLJ 4'-6' +�- � �oiNTs iN wn�� I�o�7 ' � 16' OC TYPICAL PLAN VIFW AT CORNERS x.rs 6ATTER CAP , a4CK OF CA? fRONT OF CAP � - IIIIIII I/ — FACE OF W L 1HIC E5� RETAINING WALL � �-/// WALL �. � HEIGHT I1{/// TOE OF WALL �// '�' -iii��ii �� ABEDMENT // DEPTH I �� I EEL�III— i � �! FOUNDATIOry SOiLS �I� BASE w�orH iFr,FN� = I—I I I / IIIIIIII�III / -III—I SHOULDER OF/WALL / I II� / gpCK/qF WALL =IIII� EY ED BACKflLL l/ � FAIWRE WEDCE / � SLOPE STABILITY ANALYSIS REQUIRED PER PAGE 15 OF THE GEOTECHNICAL REPORT. DO NOT BEGIN CONSTRUCTION UNTIL ANALYSIS HAS BEEN PERFORMED AND REVIEWED. -5ia?:�7.x��i �,�;��;.�°� �°�`s::;�:��_= � w O � ��rrT I � m i U Q � j a a w> 3 3 a; a F � F F W Y Q iyj � Q O w � )� f1 m= K OF K KU F a¢x r 4 K w�� _ O �� Q �o� > �f7N� O zLLl ��° � Qm � � N wm �Fw ui Zz �.'.0 w 0 O C7 ¢ ��O U Z� �U4 f/1 _W� �v � o �� ¢ IY I� � � y Z K iY K r a iy w m iy � w@` Z :7 z O x � aa � m��_� Z � o Z� o� � � U N � p W � w 0 ISCALE: N.T.S. IDRAW MG N0.:1016 B1 . A T _ HANDRAIL IF REO'D '- - - - BY OTHERS RE: 1/RWt AL50.—� CAP S�OPN�'�p�t�0 1V:1� I-11- III- �I—I TIGHTLY FlTTED STONE NO MORiAR REQUIRED _ INDICATES ZONE WHERE STONE IS TO BE FULLY MORTARED TOGETHER TOP, BOTTOM. FRONT AND BACK.� POINT ALL FACE STONE JOINTS FACE SiONE PER OWNER � 3" DIA. WEEP HOLE � 8'-0" O.C. 6" �11N. ABOVE GRADE � FINISHED GRADE SLOPE 1V:8H MAX. REFER T� CIVIL FOR FlNAL GRADING.� :I i �� 4" TOP SOIL & 1'-S" CIAY CAP AND - COMPACTED ON SRE — SOIL. RREGULAR MAY BE � FILTER FABRIC AROUND DRAINAGE ZONE, MIRAFI 140N OR APPROVED EQUAL. � � �'/ �' �% �� - � ,�. .Q . e I : I�I A � � �- �ti '�% ■� �-r' � .` �� _ i�/ �� d'r �: � � � �I��i�� —��j�—� i L�� t�� \�� !� � �11 ... � �. TYPICAL WALL SECTION — 1V:10H MAX SLOPE ABOVE WALL 1 V:8H MAX SLOPE BELOW WALL BEARING IN CLAYEY OR SANDY SOILS LASONRY IIALL 3CB8DUL6 f 6a0 Yl � BEeRv76 GPdCIlP lSivT NaPOReL UNOtBTURBeD so144 saa asMRAt .YOl1'8 s/A'a7' RF) NVIl B�SE TOE H�SE B�SE 61TiER yq�r�gEp 7HICKNE55 i717NNAGE ZfINE gF�6 �.M WIOIH DEPRI (TOE) UEPIN (F� 2oNE OF WALL 71MCNNESS CAPACITY H B 81 C C7 A E T � ��._Q. 2._3. Q._�. 1'-0' 0'-3" 0'-2' wo�inm 2'-1" �._p. � Z._�. 2._9. Q._2. �._0. 0'-3" 0'-4" wa�Krinm 2�-7" �._�. � 3•_�• 3•_2• �•_3• �•_3• 0'-4" 0'-6" Ma�t*inm 2'-11" �-�� 1500 Ps1 , 4_�. 4_�. �_q• 1_g^ 0-5' 0�-8" wa� �m 3,_9• 1._p. , 5_�. 4_8. Q_5^ 2_3• 0-6" 0'-10" 1,-0, 4�_3" �._0. . s_Op 5_3 a_6 2�_9� O,_B� �,_p„ �._3. 4�_9. �•_0• IALL DBSICN CRlTdRL1 p�ryH('. �OPE TOP SIOPE BOf �� P�155NE FltlCTON SLDPE OF SURCIWiGE � pp65UpE PR�IIRE MIGIE BASE �If � WAIl b 1500PSF I 5.71 deg I 7.13 deg I 26 deg I 26 deg 17 deg 99.46 deg O psf SLOPE STABILITY ANALYSIS REQUIRED PER PAGE 15 OF THE GEOTECHNICAL REPORT. DO NOT BEGIN CONSTRUCTION UNTIL ANALYSIS HAS BEEN PERFORMED AND REVIEWED. s�'�� _ , �.rC �,� s.r ............ _a �b&:v'S ��%s.u:��35361..�a� oF.sst��E�. _ � w O � ��rrr I � m i U Q � � a a w> 3 3 a� F � r Fw Y Q iyj � Q O w � )� f1 m= K OF K KU O w�� O U �'�� Y z�,t/�'� Z � F Wc� � Zm t�co�� UJ 4 > r . . N w m w°Z� a =� ,�2LLU4 O _W� N � a � a � � �o Z x a r� w w �a w Z � Z@ � � o� w aa — }�� m z � o z� o� � N >w w� � w 0 SCALE: N.T.S. DRAW ING N0.:1017 EXHIBIT B Franchise Utility Letters Tier II Easement Encroachment Agreement Page 13 of 14 Updated 2024 - ��TMOS energy August 22"d , 2025 Gage Bane 6424 Ridglea Crest Dr Fort Worth, TX 76116 Re: Encroachment into Utility Easement Gage Bane, Upon your request, I have reviewed the location of the gas facilities near your project site. Atmos does not object to the encroachment located at the property listed above, near the Back of the property located at 6424 Ridglea Crest Dr. Verification of the gas line can be obtained through 811 Call Before You Dig. Any damage cause to Atmos facilities due to such encroachment will be billed to the party causing the Damage. If you have any questions, please contact me at 469-834-9096 Sincerely, Adrian Rodriguez Project Specialist Atmos Energy Atmos Energy Corporation 901 Altamesa, Fort Worth, Texas 76134 P 817-319-2237 timothy.gilson@atmosenergy.com atmosenergy.com � �► A7&T AT&T Right-of-Way ] 116 Houston St, Rm. 1412 k ort Worth, TX 76102 August 21, 2025 Gage Bane Black Pine Properties 1112] Hawkins Home B1vd, Suite 13[i Benbrook, TX 7612( RE: AT&T Letter of No Q6jection — Retaining Wall Construction Ridglea Crest Addition — I.ot 2, Bloek 1— D1S6Q35893 Fort Worth, Tarrant Cou�nty, Texas Mr. Bane, Southwestern Bell Telephone Company, d/b/a AT&T Texas, has no objections to the construction of the retaining wall on the property referenced above at 6424 Ridglea Crest Drive. ]t is not the intent of this letter to waive any rights granted to AT&T in said platted utility easements or right-of-�vay except to permit this encroachment. AT&T shall continue to have unrestricted access to, on and across the easementJright-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 respeet to such facilities. Contact Texas8ll foK underground locates before any digging is done. Costs of any damages to facilities would 6e at your expense. Piease let me know if you have any yuestions or concerns. Sincerely, � `� Ray A. Garcia AT&T — Sr. Specialist OSP Design �ngineer I Right-of-Way 81'7-550-757t► ray.garcia @ att.com C R August J.9, 20�.5 Customer / Contractor ivame: Gage BanelBlack Pine Properties 5treet Address: City / State / Zip To whom it may concern, 6424 Ridglea C�est Dr. Fort Wprth, TX 76116 ONCOR �lectric Delivery LLC 777 Main St. Suite 707 (�033-Ofi} Fort Worth, TX 761 D2 817-215-207i DerekVanDevander2@oncor.com Distribution Right-of-Way Re: Lot 2, Block 1, Ridglea Crest Addition, in the city of Fort Worth, Tarrant County, Texas, according to the plat thereof recorded in Volume 388-202, Page 78, 79, and 80 of the Plat Records of Tarrant County, Texas. Oncor Electric Deli�ery Company, LLC has no abjection to the proposed impro�emenfs at the af�rementioned property as indicated by Mr. Gage Bane to be a stone/mortar retaining wall ranging in height from 3' ta 7' ta be partially constructed within both a 10' utility easement and a 5' utility easement. 5incerely, � I � o� �� Derek VanDe�ander Distribution-Right of Way S ectrum► August 19, 2025 RE: Easement encroachment Location: 6424 Ridglea Crest Dr, Fort Worth, TX 76116 Spectrum Communications hereby grants an encroachment for the purpose of building into portion of the Utility Easement associated with the property listed in the above location. 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 has no facilities within this easement. If it has not already taken place, please call 1-800-DIG-TESS (httns://texas811.or�/1 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 DL-NTX-External- Requests@charter.com. Please share this information with whoever needs these services. Sincerely, �a Chart�r � John Janusik � Business Development Specialist 1776 N Greenville Ave � Richardson, TX 75081 Email: john.janusil<@charter.com Office: 214.319.4904 Mobile: 214.724.5815 EXHIBIT C Certificate of Insurance Tier II Easement Encroachment Agreement Page 14 of 14 Updated 2024 Diamond State Insurance US Assure Insurance Services of Florida, Inc. BINDER Named Insured: Brett E Schroeder & Rachel Lynn Lewis Attention: FRANK STERRETT From: Katina Piland Issuing Company: Diamond State Insurance Date of Issue: Renewal of: 08/26/2025 Policy Period: From: 08/25/2025 To: 08/25/2026 Term of Policy: 12 Your Producer Code: U043 Assigned Policy Number: VEP0388344 LOCATIONS � Loc Street � 001 6424 Ridglea Crest Dr City State Fort Worth TX COMMERCIAL GENERAL LIABILITY COVERAGE PART General Aggregate Limit (Other than Products-Completed Operations) Products-Completed Operations Aggregate Limit Personal and Advertising Injury Limit Each Occurrence Limit Fire Damage Limit Medical Expense Limit Deducrible: � �250. Exceprions: Forms & Endarsements: Remarks: See Page 2 Additional Insured: City of Fort Worth, CFA Office- PNVEP0388344, 100 Fort Worth Trail Fort worth TX 76102 PREMIUM/FEES/TAXES General Liability: $280.00 Adjustment to Minimum Premium: Total Premium: $280.00 Terrorism Risk Act Coverage: $0.00 Surcharge 1: $0.00 Surcharge 2: $0.00 Policy Fee: $100.00 Total with applicable surcharges & fees: $380.00 Your commission: Zip 76116 $500,000 NOT COVERED NOT COVERED $500,000 $50,000 $5,000 B-2 (OS/2018) Page 1