HomeMy WebLinkAboutContract 47943 CITY SECRETA
CONTRACT NO.. q 43
EASEMENT ENCROACHMENT LICENSE AGREEMENT
aul Commercial
Is
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 Planning and Development Director, and CADG
FCE 10, LLC, a Texas Limited Liability Company, hereinafter referred to as
"Licensee", owner of the property located at 2301 Heritage Trace Parkway, Fort
Worth, Texas. ("Property").
RECITALS
WHEREAS, Licensee is the owner of certain real property described as BEING
A 0.060 ACRE TRACT OF LAND SITUATED IN THE WILLIAM McCOWEN
SURVEY, ABSTRACT NUMBER 999, TARRANT COUNTY, TEXAS, AND BEING A
PART OF THAT CALLED 21.547 ACRE TRACT OF LAND CONVEYED BY DEED
TO CADG FCEI0, LLC, A TEXAS LIMITED LIABILITY COMPANY, AS
RECORDED IN D214115412, DEED RECORDS TARRANT COUNTY, TEXAS, an
addition to the City of Fort Worth, Tarrant County, Texas. (See Exhibit A); and
WHEREAS, the City has a an 23' wide public storm drain easement (the
"Easement") in the property as shown on the map attached to this Agreement as Exhibit
"B" and incorporated herein; and
WHEREAS, Licensee desires to construct/place and maintain a retaining wall
for the Tehama Bluffs Commercial Tract (the "Encroachment") and which will
encroach onto the City's Easement as shown on the attached survey and only to the
extent shown thereon; 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 the Licensee of the fee set out below
and covenants and agreements hereinafter contained, to be kept and performed by the
Licensee, hereby grants permission to the Licensee to encroach upon and occupy a
portion of the City's Easement as described in and at the location shown Exhibit B for the
2014 Easement Encroachment Agreement-Commercial Page 1 of 9
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
purpose of providing a perimeter retaining wall for the Tehama Bluffs Commercial
Tract (the "Encroachment"). Upon completion of the Encroachment, Licensee agrees to
be responsible for maintaining any and all structures and buildings within and above
the Easement. Licensee shall 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 and operation in connection with such
Encroachment, use and occupancy shall comply and be performed in strict compliance
with the Charter, Ordinance and Codes of the City and in accordance with the directions
of the Director of the Transportation and Public Works Department or the Director of the
Water Department of City, or his duly authorized representative. Prior to the construction
of the Encroachment, Licensee shall submit all plans and specifications to the applicable
Director or his duly authorized representative. Licensee shall not commence construction
of the Encroachment until such approval shall be indicated in writing by the Director.
However, such approval shall not relieve Licensee of responsibility and liability for
concept, design and computation in the preparation of such plans and specifications.
3.
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 for any other
public purpose. City shall 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. In the event that any
2014 Easement Encroachment Agreement-Commercial Page 2 of 9
installation, reinstallation, relocation or repair of any existing or future utility or
improvements owned by, 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 of the City, or his duly authorized
representative.
4.
In order to defray all costs of inspection and supervision which 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 sum of Three
Hundred and Twenty Five Dollars ($325.00).
5.
The term of this Agreement shall be for thirty (30) years, commencing on the date
this Agreement is executed by the City of Fort Worth. Provided however, this Agreement
shall terminate upon the non-compliance of any of the terms of this Agreement by the
Licensee. City shall notify Licensee of the non-compliance and if not cured within thirty
days this Agreement shall be deemed terminated.
6.
It is further understood and agreed upon between the parties hereto that the
easements to be used and encroached upon as described herein, are 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 may at
any time during the term hereof determine in its sole discretion to use or cause or permit
the right of way to be used for any other public purpose, that does not preclude the use of
the Encroachment on the Property for a office building or activities related thereto,
2014 Easement Encroachment Agreement-Commercial Page 3 of 9
16.
Licensee covenants and agrees that it will not assign all or any of its rights,
privileges or duties under this contract without the written approval of City Planning and
Development Director, and any attempted assignment without such written approval
should be void.
17.
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.
18.
This agreement shall be binding upon the parties hereto, their successors and
assigns.
EXECUTED this �y of
City Licensee:
City of Fort Worth CADG FCE 10, LLC
By: By:
Randle rwoo irector Name: Mehrdad Moayedi
Planning and Development Title: Manager
ATTEST: Approved As To Form and Legality
� 1
nN
Secre Assistant City Attorney
® M&C REQUIRED
2014 Easement Encroachment Agreement-Commercial OFFICIAL RECORD Page 7 of 9
CITY SECRETARY
FT. WORTH, TX
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/she 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.
EN UNDER Y HAND AND SEAL OF OFFICE this day of
, 20
CASSANDRA F. FOREMAN�2a�' e'= Notary Public,State of Texas
�- Ire$
r; cti` MY commission 01x�
Aprii 2e, otary Public in and for the State of Texas
2014 Easement Encroachment Agreement-Commercial Page 8 of 9
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 Mehrdad Moayedi, Manager known to me to be
the person whose name is subscribed to the foregoing instrument, and
acknowledged to me that he/she executed the same for the purposes and consideration
therein expressed, as the act and deed of CADG FCE, LLC, and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
(, 201 �r
L4Notary Public in and for the
State of Texas
Z HVA
CYNTHIA COLLETT
Notary ID# 11586134
My Commission Expires
e 1JE Gf E{HS February 20, 2017
2014 Easement Encroachment Agreement-Commercial Page 9 of 9
LEGAL DESCRIPTION
STORM DRAINAGE ENCROACHMENT
"EXHIBIT A"
BEING A 0.060 ACRE TRACT OF LAND SITUATED IN THE WILLIAM McCOWEN SURVEY, ABSTRACT
NUMBER 999,TARRANT COUNTY,TEXAS,AND BEING A PART OF THAT CALLED 21.547 ACRE TRACT OF
LAND CONVEYED BY DEED TO CADG FCE10, LLC,A TEXAS LIMITED LIABILITY COMPANY, AS RECORDED IN
D214115412, DEED RECORDS TARRANT COUNTY,TEXAS, AND BEING MORE PARTICULARLY DESCRIBED
BY METES AND BOUNDS AS FOLLOWS:
COMMENCING AT A FOUND 1/2" IRON ROD WITH YELLOW FORT WORTH SURVEYING CAP IN THE
NORTH RIGHT-OF-WAY OF HERITAGE TRACE PARKWAY AND THE WEST RIGHT-OF-WAY OF INTERSTATE
35W, SAID IRON ROD ALSO BEING THE SOUTHEAST CORNER OF THE CALLED 21.547 ACRE TRACT;
THENCE S 89°35'22" W, ALONG THE NORTH RIGHT-OF-WAY OF HERITAGE TRACE PARKWAY AND THE
SOUTH LINE OF THE CALLED 21.547 ACRE TRACT, A DISTANCE OF 390.66', TO A FOUND 1/2" IRON ROD
WITH YELLOW FORT WORTH SURVEYING CAP;
THENCE N 45°32'50" W, LEAVING THE NORTH RIGHT-OF-WAY OF HERITAGE TRACE PARKWAY,A
DISTANCE OF 14.10',TO A FOUND 1/2" IRON ROD WITH YELLOW FORT WORTH SURVEYING CAP, SAID
IRON ROD BEING IN THE WEST LINE OF THE CALLED 21.547 ACRE TRACT;
THENCE N 00°23'02" W, ALONG THE WEST LINE OF THE CALLED 21.547 ACRE TRACT, A DISTANCE OF
143.06',TO A FOUND 1/2" IRON ROD WITH YELLOW FORT WORTH SURVEYING CAP,SAID IRON ROD
BEING THE BEGINNING OF A CURVE TO THE LEFT;
THENCE WITH SAID CURVE TURNING TO THE LEFT WHOSE RADIUS IS 50.00', AN ARC LENGTH OF 46.36',
AND WHOSE CHORD BEARS N 26'56'57" W, A DISTANCE OF 44.72'TO A FOUND 1/2" IRON ROD WITH
YELLOW FORT WORTH SURVEYING CAP;
THENCE N 00°23'02" W, CONTINUING ALONG THE WEST LINE OF THE CALLED 21.547 ACRE TRACT,A
DISTANCE OF 591.62'TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED TRACT;
THENCE N 00°23'02" W, CONTINUING ALONG THE WEST LINE OF THE CALLED 21.547 ACRE TRACT, A
DISTANCE OF 22.97'TO A POINT;
THENCE N 89°40'03" E, LEAVING THE WEST LINE OF THE CALLED 21.547 ACRE TRACT, A DISTANCE OF
113.03'TO A POINT;
THENCE S 00°19'57" E, A DISTANCE OF 22.97'TO A POINT;
THENCE S 89°40'03" W, A DISTANCE OF 113.01'TO THE POINT OF BEGINNING AND CONTAINING 0.060
ACRES OF LAND, MORE OR LESS.
a src,. . a,
OF
------ --------
CHRISTOPHER K.BRADLEY
5251
9tio°'�,�ss�Q�e� �
S U R�4
Date: // -,Ik rc
H7A:iE�XAS
FaaoeraHEwrtH
"EXHIBIT B"
.NORTON-TEXAS LTD.,
LIMITED PARTNERSHIP
CALLED 44.53 ACRE TRACT
D214116079
ZONE AE D.R.T.C.T.
100 YEAR
FLOOD PLAIN_ I I I I .c Ro°o"Lw1D>w'�ieuow Faar "RE-,f
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1 � I
SANMm d
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LINE TABLE o _
Z LINE BEARING DISTANCE g It:OW A Z Na I L1 S 8935'22 W 390.88' N LU I .Z_1
* •$O I \ I \ 1.2 N 45.3750'W 11.10 N Q D
^( N 1 \ L3 N 00'23'07 W 143.08 0 3 Wm7
0 300 'zN '\ 1.4 N 00'2307 W 591.87 F C I m
\N� LS N W 2TM-W 22.97' V)-0
\� VWLLIkM NICCO�EN SURVEY LS N 89'4O'03'E 113.03 ?
AB$Ttt4CT N0.999 1.7 S W 19'57"E 22.97'
N,� ~LB S 89Y003'W 113.01' f �T o* --I J
O rya t b W
/sTpOQ 13 12 11 O< Ut
GST CADG FCE10.LLC,
002�p4o�4 1 \��pp� A TEXAS
IE 547 ACRE TR
CALLED 2ACT
Cd�,IG qs
SAN-SEW L6 D21a115412
L7 D.R.r.c.T.
c�RrER1F'Bh+ nLv I / H fix-_- I-
20.00'
2a 1.6 /
I � ,
10
9 x CURVE TABLE
cuRVE—�-RADIUS TARCIENGTH_-T CFHORD LENGTH CrrORD BEARt4G DELTA ANGLE
2'_V AGI
POB i C 1 50.00 48.36 M.77 N 28'5837'W 53'OTIS
�
IQ 0.060 ACRE
W O TRACT A REFERENCE DATUM
RALma4:Ar mx (0 1.Bearings,Distances and Coerdinatea Mown hereon are referenced!to the Texas
- 2$ 1 Coordinate System of 1983,NorthCentral Zone Grid and based on the North Nnedean Damm 1983.
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FORA YCRTH�LLT UfMO hid
3000'DRAINAGE EASEMENT CONTROL MONUMENT
VOL.14098,PG,156 L3 N-7017768.37
FgllWOlwt?f�ypY fgND h? E-2330966.04
WRrwO91NEYNOCM epN�p�,RHVELL
FORT NORTH aURIEY fAG L2 ■ O
L1
HERITAGE TRACE PARKWAY I �"
FORT NORnh el/iVE TNG GR
(120r�
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}T� CONTROL MONUMENT
-- --� O_ N•7017765.57
E=2330575.39 LEGAL DESCRIPTION
STORM DRAINAGE ENCROACHMENT
0 F TF / FLOOD 100YPLAIN j 1 E_�'HI B I T B t 1 BEING A 0.060 ACRE TRACT OF LAND SITUATED IN THE WLUAM McCOWEN
SURVEY'TAT2854�4RRANT LUNTY DBBETRTT HCALLED17cE TRACT OF AD C EDED O
`Q G� S rERF STORM DRAINAGE D21�11 972 DEED RECORDS TIARRANTBCOU4IY�TF�3 BEING MORE
/^ •ji` Q•••�� PARTICUU�tLY DESCRIBED BY METES AND BOUNDS AS 41hS:
"/ `C •..•••. _ ENCROACHMENT sUR,EY NG CAP IN TM NORTHIRIGHT-OF-WAROD Y YELLOW/HEAGE TFORT�PARKWAY
""""""""""""""""""""'•'_' AND THE WEST RIGHT•OF-WAY OF INTERSTATE 3500,SAID IRON RODALSO
CHRISTOPHER KINNY BRADLEY BEING THE SOUTHEAST GORIER OF THE CALLE021.547 ACRE TRACT;
.............................................. 13 D ETAI L THENCE S 89937!W ALONo THE NORTH RIGHT-0F wAY OF HERITAGE TRACE
1 PARNV fAY AND THE SOUTH LINE OF THE CALLED 21.547 ACRE TRACT A
••'�� 5251 v,/. j 1 2 1 1 pSTAPI IE OF 390.66,TO A FOUND Irr IRON ROD NTH YELLOW FORt NORTH
/� _\ N.T.S. �H SURVEYING CAP;
`�.[`S S�•Q\'• r/3C /J iI TENCEN459230•W LEANNG THE NORTH RIGHT-0OFOF HERITAGE
{i l V�J / TMC€PARKWAY A DISTANCE OF 14.10,TO A FOLI O 1/I IRON ROD VATH
• I I ( YELLOW FORT NA�/RTH SURVEYING GP SAID IRON ROD BEING IN THE"EST
V `
LINE OF THE CALLED 21.547 ACRE TMCt;
BLOCK 1 THENCE N 80.2302'W.ALONG TIE NEST UNE OF THE CALLED 21.547 ACRE
r TMCT,A DISTANCE OF 113.08',TO A FOUND 1r7 IRON ROD NTH YELLOW FORT
1MDRTN SURVEYING GP,SAID IRON ROD BEING THE BEGINNING OFA CURVE
_ TO THE LEFT;
I hereby state that this survey was made on the ground of the c THENCE NTH SAID CURVE TURNING TO THE LEFT NHOSE RAONS 19 50.00'AH
property legally described hereon, and is to the best 13f my OFF444LEi7 TO�aiw Mr IRON RND ooi+,I"TTH YELLLOW o 5t�n'SURVEYINNGG
knowledge correct,and that there are no discrepancies, CAP;
conflicts,shortages in area,boundary line conflicts, BpQ C L6 THENCENOOR3Vrw&ONIN11NGALONG THENESTLINE OFTHE CALLED
Brits,overlapping of improvements,easements or �!', L5 21.547 ACRE TMCT,A DISTANCE OF 591.67 TO THE POINT OF BEGINNING OF
rights of way,except as shown hereon. q eq yRo ;� —' — — — THE HEREIN DESCRIBED TMCT;
AHRISTOPHER
May 2016. qQ THENCE N DD-23-Or W.CONTINUING ALONG THE NEST LINE OF THE CALLED
_ _ . 21.347 ACRE TMCT,A DISTANCE OF 22.97'TO A POINT;
r �Pa..�O B L8 TMCTHENCE DISTA CE E<iF 111 OE TO A PPOISNTT; E OF THE CALLED 21.547 ACRE
THENCE 8 071VST E,A DISTANCE OF 22.97'TO A POINT,
0.080 ACRE TRACT 1 1^ I L7 THENCE S89'4007'W A DISTANCE OF 113.01'TO THE PDIM OF BEGIN ING
KINNYBRADLEY RPL 5251 9 AFIDCOMTNNNOO.OBOACRESOFLAND,MOREORLE38.
FORT WORTH SURVEYING JOB#2013116 DATE:05/11/16 DRAWN: DLS TARRANT COUNTY
107 E COLLEGE AVENUE
ALVARADO,TEXAS 7rhOW CHECKED: CKB TEXAS
FIRM REGISTRATION No.100754-00 TB STORM_DRAINAGE_ENGROACHMENT_EASEMENT_CENTURION AMFRICAN_BODEGA_BAY_ROAD SHEET 1 OF 1
ACORD® CERTIFICATE OF LIABILITY INSURANCE DATE(Ma1DONYYY)
1 5/17/2016
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(les)must be endorsed. If SUBROGATION IS WAIVED,subject to
the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the
certificate holder In lieu of such endorsement(s).
PROWLER CONTACT
Hotchkiss Insurance Agency,LLCPHONE FAX
4120 International Parkway E-MAIL 972-512-7700
Carrollton TX 75007 .dallascertsc@hiallc.com
INSURERS AFFORDING COVERAGE NAIC 0
INSURERA:American Builders Insurance Company 11240
INSURED CENTUI 7 INSURER 8:
CADG FCE 10,LLC INSURER C:
1800 Valley View Lane,Suite 300
Farmers Branch TX 75234 INSURER D
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER:212384128 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR TYPE OF INSURANCE D POLICY NUMBER MPMUCY EFF MProCY�� LIMITS
A X COMMERCIAL GENERAL LIABILITY PKGO11207505 10/112015 10/112016 EACH OCCURRENCE $2,000,000
DAMATO RENTED
CLAIMS-MADE 0 OCCUR MSE Es ooma r1 $100,000
MED EXP(Any one person) $10,000
PERSONAL d ADV INJURY $2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 52,000,000
JET LOC PRODUCTS-COMP/OP AGG $2 000,000
POLICY a
OTHER: _
A AUTOMOBILELIARIUTY PKGO11207506 10/12015 10/1/2018 E•acGdent $1,000,000
XJ
XANY AUTO BLYINJURY(Per person) _
ALL ONMED SCH WLED BODILY INJURY(Par seeJdent) {
AHIURTEODSAUTOS X AUTOS ED ODIPer sodden s
$
UMBRELLA LIAR HOCCUR EACH OCCURRENCE S
EXCESS LIAR CLAIMS-MADE AGGREGATE S
DED I I RETENTION S $
WORKERS COMPENSATION
AND EMPLOYERS'LIABILITY YIN SEAT
T _R
ANY PROPRIETORIPARTNERIEXECUTIVE ❑NIA E.L.EACH ACCIDENT $
OFFICERMEM13ER EXCLUDED?
(Mandatory en NH) E.L.DISEASE-EA EMPLOYEE _
Kdestnbe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $
DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Scheduia,may ba attached H mora space Is required)
The General Liability policy includes a blanket additional insured endorsement(Form#CG2018 04-13),(Form#BIGGLECE 04-13)and(Form
#CG2037 04-13)that provides additional insured status to the certificate holder only when there is a written contract between the named
insured and the certificate holder that requires such status.
The General Liability policy includes a Primary&Non-Contributory endorsement as well as a Waiver of Subrogation under Form GLECE 04113.
See Attached...
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
City Of Fort Worth THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
1000 Throckmorton Street ACCORDANCE WITH THE POLICY PROVISIONS.
Fort Worth TX 76102
AUTHORIZED JREPRESENTATIVE
4i,4 IAN�►"'�q
®1988-2014 ACORD CORPORATION. All rights reserved.
ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD
6)WIL!e6
n
AGENCY CUSTOMER 10: CENTUI7
_ LOC#:
ACOR" ADDITIONAL REMARKS SCHEDULE Page 1 of 1
AGENCY NAMED INSURED
Hotchkiss Insurance Agency, LLC CADG FCE 10, LLC
1800 Valley View Lane, Suite 300
POLICY NUMBER Farmers Branch TX 75234
CARRIER NAIC CODE
EFFECTIVE DATE!
ADDITIONAL REMARKS
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,
FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE
RE: 23'Wide Public Storm Drain Easement Located in the Approximate Vicinity of Heritage Trace Parkway,Fort Worth TX
ACORD 101 (2008101) 0 2008 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD