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HomeMy WebLinkAboutContract 52946 $ 10 17 , • CITY SECRETARY RECEIVED V. CONTRACT NO. OCT 18 2019 EASEMENT ENCROACHMENT LICENSE AGREEMENT CITY OF FOR TWOR clrtsF Residential THIS EASEMENT ENCROACHMENT LICENSE AGREEMENT ("Agreement') is made and entered into by and between THE CITY OF FORT WORTH ("City"), a home rule municipal corporation of Tarrant County, Texas, acting by and through its duly authorized City Manager, Assistant City Manager, or Planning and Development Director, and Randall H. Walton and wife, Amy L. Walton (collectively the "Licensee"), owner of the real property located at 4928 Bryce Avenue, Fort Worth, Texas 76107 (the "Property'), more particularly described in the attached Legal Description. Sometimes City and Licensee may be referred to herein collectively as the "parties" and individually as a "party." RECITALS WHEREAS, Licensee is the owner of certain real property situated in the City of Fort Worth, Tarrant County, Texas, more particularly described as Lot I, Block 25, CHAMBERLIN ARLINGTON HEIGHTS FIRST FILING ADDITION, an Addition to the City of Fort Worth, Tarrant County, Texas, according to plat recorded in Volume 1348, Page 305, Deed Records of Tarrant County, Texas.in the attached Legal Description of the Property, the metes and bounds description of which is attached hereto as Exhibit C and incorporated herein for all purposes; and WHEREAS, the City has a water and sanitary sewer easement (the "Easement") in the Property, as shown on the map attached to this Agreement as Exhibit A, which is incorporated herein for all purposes; and WHEREAS, Licensee desires to construct, place, and/or maintain certain improvements that will encroach in, on, above, or below the Easement; and WHEREAS, to accommodate the needs of Licensee, City will allow the encroachment under the terms and conditions as set forth in this Agreement. NOW, THEREFORE, City and Licensee agree as follows: OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Easement Encroachment Agreement-Residential tage 1 of 15 Revised 12/2018 AGREEMENT 1. City, in consideration of the payment by Licensee of the fee set out below and the 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 Easement, as described in and at the location shown on Exhibit A, but only to the extent shown thereon, for the purpose of allow an existing house to remain (the "Encroachment'). Upon completion of the Encroachment, Licensee agrees to be responsible for maintaining the Encroachment within the Easement. Licensee may not expand or otherwise cause the Encroachment to further infringe in or on the City's Easement beyond what is specifically described in the exhibit(s) attached hereto. 2. All construction, maintenance, or operation in connection with such Encroachment, use, or occupancy must comply and be performed in strict compliance with this Agreement and with the Charter, Ordinances, and Codes of City, and in accordance with the directions of the Director of the Transportation and Public Works Department or the Director of the Water Department, or their duly authorized representative. Prior to the construction of the Encroachment, Licensee shall submit all plans and specifications to the applicable Director or duly authorized representative of City. Licensee may not commence construction of the Encroachment until such approval is indicated in writing by the applicable Director or authorized representative of City. However, such approval will not relieve Licensee of responsibility and liability for concept, design, and computation in the preparation of such plans and specifications. 3. Licensee, at no expense to City, shall make proper provisions for the relocation and installation of any existing or future utilities affected by such Encroachment, use, Easement Encroachment Agreement-Residential Page 2 of 15 Revised 12/2018 and occupancy, including securing the approval and consent of the appropriate utility companies and agencies of the State 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, Licensee shall pay to City an additional amount equal to such additional cost as reasonably determined by the Director of Transportation and Public Works or the Director of the Water Department, or their duly authorized representative. 4. Licensee agrees that City may enter and utilize the referenced areas at any time for the purpose of installing, repairing, replacing, or maintaining improvements to its public facilities or utilities necessary for the health, safety, and welfare of the public, or for any other public purpose. City will bear no responsibility or liability for any damage or disruption or other adverse consequences resulting from the Encroachment installed by Licensee, but City will make reasonable efforts to minimize such damage. 5. Upon termination of this Agreement, Licensee shall, at the option of and at no expense to City, remove the Encroachment and restore the Easement to a condition reasonably acceptable to the Director of Transportation and Public Works or the Director of the Water Department, or their duly authorized representative, in accordance with then-existing City specifications. It is understood and agreed to by Licensee that if this Agreement terminates and Licensee fails to remove the Encroachment as directed and restore the Easement, Licensee hereby gives City permission to remove the Encroachment and any supporting structures and assess a lien on the Property for the reasonable costs expended by City in taking such actions. Easement Encroachment Agreement-Residential Page 3 of 15 Revised 12/2018 6. In order to defray all costs of inspection and supervision that City has incurred or will incur as a result of the construction, maintenance, inspection, or management of the encroachments and uses provided for by this Agreement, Licensee agrees to pay to City at the time this Agreement is requested an application fee in the amount of Five Hundred Dollars ($500.00). 7. The term of this Agreement is thirty (30) years, commencing on the date this Agreement is executed by City. However, this Agreement may be terminated upon Licensee's noncompliance with any of the terms of this Agreement that remain uncured after Licensee's receipt of written notice of default or non-compliance. City shall notify Licensee in writing of any noncompliance and if not cured within thirty (30) days, this Agreement will be deemed terminated, unless such noncompliance is not susceptible to cure within thirty (30) days, in which case this Agreement will be deemed terminated in the event that Licensee fails to commence and take such reasonable steps as are necessary to remedy the noncompliance within thirty (30) days after written notice specifying the same, or having so commenced, thereafter fails to proceed diligently and with continuity to remedy same. 8. It is further understood and agreed upon between the parties that the Easement to be used and encroached upon is held by City as trustee for the public; that City exercises such powers over the Easement as have been delegated to it by the Constitution of the State of Texas or by the Legislature; and that City cannot contract away its duty and its legislative power to control the Easement for the use and benefit of the public. It is accordingly agreed that if the governing body of City at any time during the term hereof determines in its sole discretion to use or cause or permit the Easement to be used for any other public purpose that does not preclude the use of the Easement Encroachment Agreement-Residential Page 4 of 15 Revised 12/2018 Encroachment on the Property, 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, regardless of whether presently contemplated, that the parties agree to negotiate in good faith in order to accommodate 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 SAID ENCROACHMENTS AND USES GRANTED HEREUNDER,WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OF OFFICERS,AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, ELECTED OFFICIALS, OR INVITEES OF 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. Easement Encroachment Agreement-Residential Page 5 of 15 Revised 12/2018 10. While this Agreement is in effect, Licensee agrees to furnish City with a Certificate of Insurance as proof that it has secured and paid for a homeowner's insurance policy 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 the following: $300,000 with the understanding and agreement by Licensee that such insurance amounts may be revised upward by reasonable amounts at City's option and that Licensee shall so revise such amounts immediately following receipt of written notice by 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 City. A copy of such Certificate of Insurance is attached as Exhibit B and incorporated herein for all purposes. Licensee agrees to furnish a similar Certificate of Insurance annually to the City on the anniversary date of the execution of this Agreement. Licensee agrees, binds, and obligates itself and its successors and assigns to maintain and keep in force such homeowner's insurance at all times during the term of this Agreement and until the removal of all encroachments and the cleaning and restoration of the Easement. All insurance coverage required while any construction work is being done in the Encroachment will include coverage of all of Licensee's contractors and subcontractors. 11. Licensee agrees to deposit with City when this Agreement is executed a sufficient amount of money to be used to pay necessary fees to record this Agreement in the real property records of Tarrant County, Texas. After being recorded, the original will be returned to City Secretary of the City of Fort Worth. Easement Encroachment Agreement-Residential Page 6 of 15 Revised 12/2018 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 uses. 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 will be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees, and invitees. The doctrine of respondeat superior will not apply as between Licensee and City, its officers, agents, servants, employees, contractors, and subcontractors, and nothing herein will 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 described Easement and is not a conveyance of any right, title, or interest in or to the Easement, 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 permission before occupying such property. Easement Encroachment Agreement-Residential Page 7 of 15 Revised 12/2018 16. In any action brought by City for the enforcement of the obligations of Licensee, City will be entitled to recover interest and reasonable attorneys' fees. 17. The parties agree that the duties and obligations contained in Section 5 will 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 City, and any attempted assignment without such written approval will be void. If Licensee conveys title to the Property, Licensee may assign all its rights and obligations under this Agreement to the new owner of the Property, and Licensee will be deemed released from its duties and obligations hereunder upon City's approval in writing of such assignment, which approval may not be unreasonably delayed, denied, 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 will not require City approval provided that said lender notifies City in writing within sixty (60) days of such foreclosure or assignment and assumes all Licensee's rights and obligations hereunder. However, no change of ownership resulting from foreclosure or assignment to any secured lender of Licensee will be effective as to City unless and until written notice of such foreclosure or assignment is provided to City. 19. Any cause of action for breach of this Agreement must be brought in Tarrant County, Texas. This Agreement will be governed by the laws of the State of Texas. Easement Encroachment Agreement-Residential Page 8 of 15 Revised 12/2018 20. This Agreement will be binding upon the parties and their successors and assigns. 21. This Agreement may be executed in multiple identical counterparts, each of which will be considered an original, but all of which will constitute one instrument [SIGNATURES APPEAR ON THE FOLLOWING PAGE] Easement Encroachment Agreement-Residential Page 9 of 15 Revised 12/2018 City: Licensee: CITY OF FORT WORTH Randall H. Walton Amy L.Walton o/;,�- � By: By. Randle H"woo Director Randall H. Walton Planning & Develop ent Title: Owner Date: GCS Date: October /67 2019. B - Amy L. Wa t n Title: Owner Date: October 2019 ATTEST: Approved As To Form and Legality OkORT�2 City Sec eta ry ey Qud s U; = ssistant City Attorney XA� Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this eem nt,including ensuring all performance d r orting requirements. Janie S. Morales Development Manager OFFICIAL RECORD CITY SECRETARY FT. WORTH,TX Easement Encroachment Agreement-Residential age0 of 15 Revised 12/2018 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 Randle Harwood, 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 _� day of October, 2019. JENNIFER LOUISE EZERNACK \\tiPgY PGA i _Notary Public,State of Texas ?`"�'• Q Comm.Expires 03-01-2020 Notary ID 130561630 Not Publi�&and for the State of Texas After recording return to: Planning & Development Development Coordination Office 200 Texas Street Fort Worth, Texas 76102 OFFICIAL RECORD CITY SECRETARY FT. WORTH,TX Easement Encroachment Agreement-Residential Page 11 of 15 Revised 12/2018 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 Randall H. Walton and wife, Amy L. Walton, known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they executed the same for the purposes and consideration therein expressed, GIVEN UNDER MY HAND AND SEAL OF OFFICE this 10 day of 0 c_k , 20 19 EeM:R4JAN L 8RASAMI OTARY PUBLIC otary Public in and for the State of Texas TATE OF TEXAS m.Expires Q6it ?28-2022 OFFICIAL RECORD CITY SECRETARY FT. WORTH,TX Easement Encroachment Agreement-Residential Page 12 of 15 Revised 12/2018 EXHIBIT A Map of Easement and Encroachment Easement Encroachment Agreement-Residential Page 13 of 15 Revised 12/2018 LOT B EXHIBIT yA P FENCE CORNER— BRS. N 73- E. 0.46'LO :} ' 3R.. N 56'NCE CORN N 89'14'40" E 82.00' }' Wt73D FENCE S 00 45'20' E 8' UTILITY X 4.82 to,a' _ —VOL. 1348, PG. 305 N FYT3TT'0Z' = - } N 02'21'55' w 145CV S 02'21'55' E 2.50' 3 7+R j r' .19' 9rr'1+'M1O 'R — WOOD FENCE DESCRIPTION — - 70 SQUARE FEET OR 0.0016 OF AN ACRE FENCE CHAIN '-w+` / IN ENCROACHMENT FE \ o COVERED ONE � LOT I �\ BLOCK 25 'Op I PERGOLA TWO STORY C I+ - STUCCO n CH"BERLIN ARLINGTON HEIGHTS o FIRST FILING w �^ � VOL. 1348, PG. 305 `0 "1 O I 8.0' 8 6' If) O Z O O ONE STORY N FRAME 25.3' / c O \ � / N N G O m NORTH 10 0 10 25' BUILDING LINE SCCtlel V = 10' 100 12' 1/2- 1RF. 3f13�'IRF METER S 89'14'40" W 82.00' WATER CURB NOTES: RE BASED UPON THE GPSB ERNED STATE PLANE COORDINATE BRYCE A VENUE Compiled from records and surveys made SYSTEM,TE M NORTH CENTRAL ZONE NAD 83. AA original copies of survey maps and descriptions (80' R.O,W.) on the ground under my supervision. prepared by the surveyor and firm whose names appear G CURTIS SURVEYORS,LLC hereon will contain an embossed surveyors seal.Any BUILDING ENCROACHMENT MAP TBPLS Filat{I�o. il)194P25 map or description copy without that embossed seal LOT 1, BLOCK 25, slikely a copy not prepared in the office the G„�E�� ARI"GTON AWGJM surveyor and may contain alterations or deletions made without the knowledge or oversight of the [IG ddition to9be CJt GlRort /ort6,URTIS SL'i4Y�MRS—, LLC 7gmwi countt TeYBe Surveying Firm No.10194225 according to the plat thereof recorded in Volume 1348, Page 305x 471787 817/334-0381 Deed Records of Tarrant County, Texas. Gerald A.Curtis,RPLSrn, T3fas 76147-1,{-6 SEE ACCOMPANYING DESCRIPTION Texas Registration No. 1640 5911 EXHIBIT B Certificate of Insurance Easement]Encroachment Agreement-Residential Page 14 of 15 Revised 12/2018 EXHIBIT 8 HOMEOWNER POLICY DECLARATIONS Nationwide Non-Assessable is on your side Page 1 of 3 These Declarations are a part of the policy named above and identified by policy number below. They supersede any Declarations issued earlier. Your Homeowner Policy will provide the insurance described in this policy in return for the premium and compliance with all applicable policy provisions. See policy for details regarding the other coverages and additional coverage options. Policy Number: Policyholder: 7842HR123381 (Named Insured) RANDALL A WALTON & Issued: AMY L WALTON PO BOX 470545 OCT 07,2019 FORT WORTH,TX 76147-0545 Policy Period From: OCT 09, 2019 to OCT 09, 2020 but only if the required premium for this period has been paid, and only for annual renewal periods if premiums are paid as required. Each period begins and ends at 12:01 A.M. standard time at the Residence Premises. Where to access your policy documents In order to view, print, or save your policy documents that do not contain personally identifiable information, go to www.nationwide.com/insurancecontracts on your Internet browser and enter your policy number. You can get hard copies of your documents mailed or emailed to you free of charge by calling 877-ON-YOUR-SIDE a (877-669-6877). Please note that any policy documents containing personally identifiable information are not available for online viewing, unless you have registered for online account access. Go to www.nationwide.com/signuo to create an account. Residence Premises Information: 4928 BRYCE AVE PURCHASED:10/2019 FD FORT WORTH FT WORTH BUILT:1945 FORT WORTH FS 18 TX 76107-4115 CONSTRUCTION: FRAME PROTECTION CLASS 1 ROOF: COMPOSITION SHINGLE MILES FROM FIRE DEPT: 001 SUPPLEMENTAL HEATING?Y 002 OCCUPANTS IN DWELLING ONE FAMILY Additional Rating Information: The following is used when determining your policy's premium. Please advise immediately if this information is incorrect. RATING AGE OF INSURED: 63 H 07 00 07 16 M HOMEOWNER POLICY DECLARATIONS Page 2 of 3 SECTION I Property Coverages Limits of Liability Deductible: $2,500 ALL PERILS COVERAGE-A-DWELLING $1,449,404 In case of a loss under Section I,we cover COVERAGE-B-OTHER STRUCTURES $144,940 only that part of each loss over the deductible stated. COVERAGE-C-PERSONAL PROPERTY $1,087,053 EXCEPTIONS COVERAGE-D-LOSS OF USE ALS` 1%OF COVERAGE A -DWELLING LIMIT `ACTUAL LOSS SUSTAINED =$14,494.THIS DEDUCTIBLE APPLIES TO WINDSTORM OR HAIL LOSSES. PAYMENT NOT TO EXCEED 24 1%OF COVERAGE A- DWELLING LIMIT MONTHS =$14,494.THIS DEDUCTIBLE APPLIES TO TROPICAL CYCLONE LOSSES. SECTION II Liability Coverages Limits of Liability COVERAGE-E-PERSONAL LIABILITY $500,000 FOR EACH OCCURRENCE:PROPERTY DAMAGE AND BODILY INJURY COVERAGE-F-MEDICAL PAYMENTS TO $5,000 OTHERS EACH PERSON OTHER COVERAGES APPLICABLE See Policy or Endorsements for details regarding the Other Coverages that apply to your policy. Other Coverages Limits Of Liability Biological Deterioration or Damage $10,000 Brand New Belongings APPLIES Building Ordinance or Law 10% Dwelling Replacement Cost-150% APPLIES Foundation 15%OF COV A Identity Theft $25,000 inflation Protection APPLIES Boeckh Index 0728.5 Landlord's Furnishings $2,500 Loss Assessment $1,000 Personal Injury Liability $500,000 Water Backup Limited $50,000 Water Backup Deductible $2,500 Water Damage 100%OF COV A Tools $2,500 PREMIUM SUMMARY Premium Based On Premium Amount POLICY PREMIUM $7,148.03 FOUNDATION $295.34 WATER DAMAGE $331.79 WATER BACKUP $52.17 HOMEOWNER POLICY DECLARATIONS Nationwide Non-Assessable is on your side Page 3 of 3 Policy Number: Policyholder: 7842HRI23381 (Named Insured) RANDALL A WALTON & Issued: Policy Period From: OCT 07,2019 OCT 09, 2019 to OCT 09, 2020 Annual Premium $7,827.33 Annual Premium Includes Discounts For: HOME/CAR HOME PROTECTIVE DEVICE HOME PURCHASE YEARS WITH PRIOR CARRIER CLAIM FREE FORMS and ENDORSEMENTS MADE PART OF POLICY H 00 03 0716 Your Nationwide Homeowners Policy H 02 07 0716 Brand New Belongings H 03 06 0716 Dwelling Replacement Cost-150% H 02 03 0716 Limited Water Back-Up and Sump Discharge or Overflow Coverage H 02 28 TX 0716 Water Damage Coverage-Texas H 02 09 0716 Identity Theft or Identity Fraud Expenses Coverage H 0318 TX 0716 Foundation Coverage- Texas H 02 04 0716 Personal Injury Coverage H 0100 TX 0716 Special Provisions-Texas Issued By: NATIONWIDE MUTUAL INSURANCE COMPANY Home Office Columbus, OH Nationwide 24-Hour Claims Number : 1-800-421-3535 Nationwide Regional Office : 1-877-669-6877 Your NATIONWIDE AGENT: Beverly Sue Caperna 972-393-3311 EXHIBIT C Metes and. Bounds, Legal Description of the Property Easement Encroachment Agreement - Residential Page 15 of 15 Revised 12/2018 DESCRIPTION OF BUILDING ENCROACHMENT SITUATED in the City of Fort Worth, Tarrant County, Texas, and being a portion of LOT I, BLOCK 25, CHAMBERLIN ARLINGTON HEIGHTS, First Filing as shown on plat thereof recorded in Volume 1348, Page 305, of the Tarrant County Deed Records, and said portion being more fully described as follows: BEGINNING at the northeast corner of an existing two-story stucco portion of a residential structure on said Lot I, said point being 10.85 feet South 89 degrees, 14 minutes, 40 seconds West along the north line of said Lot I, and 4.82 feet South 0 degrees, 45 minutes, 20 seconds East from the northeast corner of said Lot I, from which point a fence corner bears North 73 degrees East, 0.46 foot; THENCE South 2 degrees, 21 minutes, 55 seconds East along the easterly face of said stucco portion of residential structure, 3.19 feet to the point of intersection of said easterly face with the south line of an 8 foot wide public utility easement created by said plat recorded in Volume 1348, Page 305, Tarant County Deed Records; THENCE South 89 degrees, 14 minutes, 40 seconds West with said south line of utility easement through said structure, 24.51 feet the point of intersection of said south line with the westerly face of said stucco portion of residential structure; THENCE North 2 degrees, 21 minutes, 55 seconds West with said westerly face of stucco portion of residential structure, 2.50 feet to the northwest corner of said stucco portion of residential structure; THENCE North 87 degrees, 38 minutes, 05 seconds East with the northerly face of said stucco portion of residential structure, 24.50 feet to the PLACE OF BEGINNING, and containing 70 square feet(0.0016 acre). This description prepared to accompany a survey map showing the described parcel. G CURTIS SURVEYORS, LLC TBPLS Firm No. 10194225 _A�6r' Gerald A.Curtis, RPLS Texas Registration No. 1640 /