HomeMy WebLinkAboutContract 48291 EASEMENT ENCROACHMENT LICENSE AGREEMENT
Residential
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 or duly designated Assistant City
Manager ("City"), and Kristine Blickenstaff and Hugh Theurer, hereinafter referred to as
"Licensee", owner of the property located at 2808 Merrimac Street ("Property").
RECITALS
WHEREAS, Licensee is the owner of certain real property described as (legal
description of property), an addition to the City of Fort Worth, Tarrant County, Texas as
recorded in County Clerks Document No.D214194785 of the Real Property records of
Tarrant County("Property"); and
WHEREAS, the City has a(n) 10' foot wide utility easement (the "Easement")
in the property as shown on the map attached to this Agreement as Exhibit "A" and
incorporated herein; and
WHEREAS, Licensee desires to construct/place and maintain potable water line
which will be delivering water to guesthouse (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 A for the
purpose of delivering potable water to guesthouse (the "Encroachment"). Upon
completion of the Encroachment, Licensee agrees to be responsible for maintaining any
OFFICIAL RECORD
2014 Easement Encroachment Agreement-Residential CITE' 3V ,A
FIfir RCI W a 719
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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
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.
2014 Easement Encroachment Agreement-Residential Page 2 of 10
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,
including but not being limited to underground, surface of overhead communication,
drainage, sanitary sewerage, transmission of natural 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 the Encroachment and the public purpose.
7.
2014 Easement Encroachment Agreement-Residential Page 3 of 10
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 FIND OR CHARACTER,
ARISING OUT OF OR IN CONNECTION WITH, 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
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.
S.
While this Agreement is in effect, Licensee agrees to furnish City with a
Certificate of Insurance, naming City as certificate holder, as proof that it 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 the following:
$300,000
with the understanding of and agreement by Licensee that such insurance amounts shall
be revised upward at City's option and that Licensee shall so revise such amounts
immediately following notice to Grantee of such requirement. Such insurance policy
shall provide that it cannot be canceled or amended without at least ten (10) days prior
written notice to the Building Official of the City of Fort Worth. A copy of such
Certificate of Insurance is attached as attached as Exhibit"B". Licensee agrees to submit
2014 Easement Encroachment Agreement-Residential Page 4 of 10
a similar Certificate of Insurance annually to City on the anniversary date of the execution
of this Agreement.
Licensee agrees, binds and obligates itself, 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 all encroachments and the cleaning and restoration of
the city easements.
9.
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 Encroachment on
Easement Agreement in its entirety in the deed records of Tarrant County, Texas. After
being recorded, the original shall be returned to the City Secretary of the City of Fort
Worth, Texas.
10.
Licensee agrees to comply fully with all applicable federal, state and local laws,
statutes, ordinances, codes or regulations in connection with the construction, operation
and maintenance of said Encroachment and uses.
11.
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.
2014 Easement Encroachment Agreement-Residential Page 5 of 10
12.
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.
13.
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.
14.
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 attorney's fees.
15.
The parties agree that the duties and obligation contained paragraphs 3 and 4 shall
survive the termination of this Agreement.
2014 Easement Encroachment Agreement-Residential Page 6 of 10
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, 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 ! -7 <Z4
day of i , 20
City Licensee:
City of Fort )Worth Pristine Bdickenstaff and Hugh Theurer
By: By
Randle Harwood, Directo Name: V,VY---,, P, 1
Planning& Development Title: Owhg 'z�
By:
N me: ZK_
Title:
ISIO M&C REQUIRED IF0
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ATTEST: g° ® Approved As To Form and Legality
(J$ O�
o
000
AS
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Ay Se etary Assistant 6ity Attorney
2014 Easement Encroachment Agreement-Residential 'iff1h RECORD
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.
IV N DER MY HA AND SEAL OF OFFICE this day of
0
\IY Ip 1p9 CASSANDRA F. FOREMAN --
=a`�a' Notory Public,State of Texas
�. My Commissio201 ►res
Aptll 26, Notary Public in and for the State of Texas
S Yr•..•t�}��
2014 Easement Encroachment Agreement-Residential Page 8 of 10
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 Kristine Blickenstaff and Hugh Theurer,
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 Kristine Blickenstaff and Hugh Theurer, and
in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
t4 , 20 &
/\1111 h1011't
'vH 1 T T�
`••`.��.�oJKRYPi�ti�p Nota ublic in and for the
ark 000vz-
State of Texas
1161111
2014 Easement Encroachment Agreement-Residential Page 9 of 10
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 Kristine Blickenstaff and Hugh Theurer,
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 Kristine Blickenstaff and Hugh Theurer, and
in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
3k , 20_/�_.
N H 1
0.i
Nota Public in and for the
Cv
i oN� 7f
OF iy5 �� State of Texas
�i .;0125?;:•' `�
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1111100`````
2014 Easement Encroachment Agreement-Residential Page 10 of 10
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Block 15 t
(7,046 SQUARE FEET OF i e�
Lot LAND MORE OR LESS)
_PER PC`1 '� lNSTI D214194785,
V.388-8, P.1811 uT1tty S— NT 1N
P.R.T.C.T. 3.5 / SCIAJ.
UTILITY
l 8 pER p1%T' I Leal Description:
V.388� MENTI_
Lot 6R-1, Block 15, LINWOOD
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—35'— ADDITION to the City of Fort
Worth, Tarrant County, Texas,
COVERED according to plat filed under
PATIO 0.4' Clerk's File No. D21 41 94 785,
10.6' 27.4 Deed Records of Tarrant
e County, Texas.
Ell Notes:
According to the Flood
A/C Insurance Insurance Rate Map for Tarrant
UNIT BRICK County, Texas and Incorporated
M BUILDING Areas, Community Panel
Ci Number 48439C 0190 K, Dated
8.6' 6� September 25, 2009, this lot is
ro O go in Zone X. which is not in the
�A 1Z annual chance flood.
-C w 0.7' xa
The party wall, utility
easement, and maintenance
yf J agreement recorded under
CONCRETE CO Clerk's File No. D215155430,
25' BUILDING BLOCK WALL GARAGE ""' -Deed Records of Tarrant
LINE PER PLAT 21.1 County, Texas, affects this
4-+ BALCONY tract•
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mn
(Control Monument) w. •�o•�2�
CAPPED y
RUNAWAY ASSOC. LP"
REBAR ROD FOUND q 'x"CUT
CZ•.WATER-u0:SET
. .
CONCRETE METER
LINE TABLE CURB AND _
LINE LENGTH BEARING GUTTER et
L1 35.80' S7T21'13"E y�
L2 1 18.34' S40'58 3 M
6'E ($AT VEEi M NT gp•RIGHT OF WAY)_• '
CURVE TABLE Z ®. (CONCRETE
CURVERADIUS LENGTH CHORD -
CI 400.00' 32.44'S82'50'39'W 32.43' COPIES ARE NOT OFFICIAL
TUNLESS SEAL IS EMBOSSED
Di (� F This sketch accurately represents on on the
SURVEYING `P otST R, -V
ground survey performed under my
r�, a supervision and conforms to the Texas
116 LOCUST STREET f Board of Land Surveying.Stondords.
AZLE, TEXAS 76020• ONNIE REED
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817-246-7766
4277
EMALX. 817-887- 275
detto767080chartennet
nRM REGISTRATION: 101490-00 SSSU
JOB/ 1 4 1 1 0230-A 07-22-2015
J08# 15070170 GFjf 14-03994
AMICA MUTUAL INSURANCE COMPANY
LINCOLN,RHODE ISLAND
Page 1 of 2
DECLARATIONS HOMEOWNERS POLICY NO. 6608421712
NAMED INSURED AND MAILING ADDRESS POLICY PERIOD: 12:01 A.M.,Sian°r s;f ce prv"',s
KRISTINE M. BLICKENSTAFF AND
HUGH THEURER From: AUGUST 3, 2015
2808 MERRIMAC ST To: AUGUST 3, 2016
FORT WORTH TX 76107 TARRANT
Coanty in vrhich premises is lacatcd
The residence premises covered by this policy is located at the above address unless otherwise stated:
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CO17 �iE S P#tOTIdDWfiER� l�tt1 �t;tt EffL;
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Section I Coverages Limit of am
Premium
A. Dwelling $ 272,000 Basic Policy $ 1,181.00
B. Other Structures $ 27,200 $
C. Personal Property $ 136,000 SELEC17D COVERAGES $ 35.00
D. Loss of Use $ 81,600 $
Section 11 Coverages $
E. Personal Liability $ 300,000 TOTAL PREMIUM 1$ 1,216.0
Each Occurrence TX VFD FUND .85
F. Medical Payments to Others $ 5,000 TOTAL COST 1,216.85
Each Person
DEDUCTIBLE-SECTION 1 : 2.0 %
OF THE COVERAGE A LIMIT ( 5.4402
WINDSTORM OR HAIL DEDUCTIBLE: 2.0% OF COVERAGE A LIMIT ($ 5,440)
SPECIAL DISCOUNT:
AGE OF HOME CREDIT
NON-COMBUSTIBLE ROOF
Special State Provisions:
Section 11 - Other insured locations:
AS REQUESTED, THE PREMLIUM BILL HAS BEEN SENT TO YOUR MORTGAGEE.
Mortgagee LOAN N0. 0500921234
WELLS FARGO BANK 936
ITS SUCCESSORS AN1) 0 ASSIGNS
PO BOX 100515
FLORENCE, SC 29502-0515
This policy shall not be valid unless countersigned by our authorized agent or representative.
Authorized Representative
AMICA MUTUAL, INSURANCE COMPANY
LINCOLN,RHODE ISLAND Pig 2 0 2
CONTINUATION OF DECLARATIONS FOR HOMEOWNERS POLICY NO. 6608421712
NAMED INSURED AND MAILING ADDRESS
KRISTINE M. BLICKENSTAFF AND
HUGH THEURER
2808 14MRIMAC ST
FORT WORTH TX 76107
LOSS PAYEE - PERSONAL PROPERTY
Form and Endorsements made part of this policy at time of issue.
Form : HO 00 03 05 11 SPECIAL FORM
Endorsement(s) :
AH 01 11 05 11 AMENDATORY ENDORSEMENT - COVERAGE ENHANCEMENTS
HO 00 03, HO 00 04 AND HO 00 06
HO 01 42 02 14 SPECIAL PROVISIONS - TEXAS
HO 03 12 05 11 WINDSTORM OR HAIL PERCENTAGE DEDUCTIBLE
HO 04 1.6 10 00 PREMISES ALARM OR FIRE PROTECTION SYSTEM
FIRE ALARM: SMOKE DETECTOR(S)
BURGLAR ALARM: CENTRAL STATION
SPRINKLERS: NO
HO 04 20 05 11 SPECIFIED ADDITIONAL AMOUNT OF INSURANCE FOR COV A-DWELLING
ADDITIONAL AMOUNT OF INSURANCE 30%
HO 04 69 12 08 WATER BACK-UP AND SUMP DISCHARGE OR OVERFLOW - TEXAS
TOTAL LIMIT OF LIABILITY DEDUCTIBLE
$ 5,000 $ 500
HO 04 98 06 11 REFRIGERATED PROPERTY COVERAGE
$100 DEDUCTIBLE APPLIES
TOTAL LIMIT OF LIABILITY $ 250
HO 05 80 06 11 PROPERTY REMEDIATION FOR ESCAPED LIQUID FUEL AND LIMITED
LEAD AND ESCAPED LIQUID FUEL LIABILITY COVERAGES
SCHEDULE
AGGREGATE LIMITED LEAD AND ESCAPED LIQUID FUEL LIABILITY - LIMIT OF
LIABILITY $ 50,000
PROPERTY REMEDIATION FOR ESCAPED LIQUID FUEL LIMIT OF LIABILITY $ 10,000
HO 23 04 05 11 PERSONAL PROPERTY REPLACEMENT COST LOSS SE=,lE PT - TEXAS
AMTCA MUTUAL INSURANCE COMPANY
LINCOLN, RHODE ISLAND
Page 1 of 2
DECLARATIONS HOMEOWNERS POLICY NO. 67084220JZ
NAMED INSURED AND MAILING ADDRESS POLICY PERIOD: 12:01 A.M.,ii theredsid Wivep,,,1....
KRISTINE M. BLICKENSTAFF AND
HUGH ,�.�� From: AUGUST 3. 2016
2808 MERRIMAC ST T° AUGUST 3, 2017
FORT WORTH TX 76107 TAR1W1T
County in vdmh prem ses is fccw-fid
The residence premises covered by this policy is located at the above address unless otherwise stated: E-Policy Email:
kx®sblick@hotmail.com
CflLi=HAG S P 4UTAl p U if I=A ry 1 �EM
F t iii 00,rERR
,x,, _ r% - amu.. ,�_ ,� '� �. ...,- - .
Section I Coverages Limit of Liabilit Premium
A. Dwelling $ 282,000 Basic Policy $ 1,313.00
B. Other Structures $ 28,200 $
C. Personal Property $ 141,000 SELECTED COVERAGES $ 36.00
D. Loss of Use $ 84,600 $
Section II Coverages $
E. Personal Liability $ 300,000 TOTAL PREMIUM $ 1,349,00
Each Occurrence TX VFD FUND � 81
F. Medical Payments to Others $ 5,000 TOTAL COST 1,349.81
Each Person
DEDUCTIBLE-SECTION 1 : 2.0 %
OF THE COVERAGE A LIMIT ( 5,6401
WINDSTORM OR HAIL DEDUCTIB : 2.04 OF COVERAGE A LIMIT ($ 5,640)
SPECIAL DISCOUNT:
E-DISCOUNT
AGE OF HOME CREDIT
NON-COMBUSTIBLE ROOF
Special State Provisions:
Section 11 - Other insured locations:
AS REQUESTED, THE PREMIUM BILL HAS BEEN SENT TO YOUR MORTGAGEE.
Mortgagee LOAN NO. 0500921234
WELLS FARGO BANK 936
ITS SUCCESSORS A00 ASSIGNS
PO BOX 100515
FLORENCE, SC 29502-0515
This policy shall not be valid unless countersigned b�yf our authorized agent or representative.
Authorized Representative
A IICA MUTUAL INSURANCE COMPANY Page 2 of 2
LINCOLN,RHODE ISLAND
CONTINUATION OF DECLARATIONS FOR HOMEOWNERS POLICY NO. 67084220JZ
NAMED INSURED AND MAILING ADDRESS
KRISTINE M. BLICKENSTAFF AND
HUGH THEURER
2808 MERRIMAC ST
FORT WORTH TX 76107
LOSS PAYEE - PERSONAL PROPERTY
Form and Endorsements made part of this policy at time of issue:
Form : HO 00 03 05 11 SPECIAL FORM
Endorsement(s) :
AH 01 11 11 15 AMENDATORY ENDORSEMENT - COVERAGE ENHANCEMENTS
HO 00 03, HO 00 04 AND HO 00 06
HO 01 42 02 14 SPECIAL PROVISIONS - TEXAS
HO 03 12 05 11 WINDSTORM OR HAIL PERCENTAGE DEDUCTIBLE
HO 04 16 10 00 PREMISES ALARM OR FIRE PROTECTION SYSTEM
FIRE ALARM: SMOKE DETECTOR(S)
BURGLAR ALAR14: LOCAL (NOT POLICE/CENTRAL STATION)
SPRINKLERS: NO
HO 04 20 05 11 SPECIFIED ADDITIONAL AMOUNT OF INSURANCE FOR COV A-DWELLING
ADDITIONAL, AMOUNT OF INSURANCE 30%
HO 04 69 12 08 WATER BACK-UP AND SUMP DISCHARGE OR OVERFLOW - TEXAS
TOTAL LIMIT OF LIABILITY DEDUCTIBLE
$ 5,000 $ 500
HO 04 98 06 11 REFRIGERATED PROPERTY COVERAGE
$100 DEDUCTIBLE APPLIES
TOTAL LIMIT OF LIABILITY $ 250
HO 05 80 06 11 PROPERTY REMEDIATION FOR ESCAPED LIQUID FUEL AND LIMITED
LEAD AND ESCAPED LIQUID FUEL LIABILITY COVERAGES
SCHEDULE
AGGREGATE LIMITED LEAD AND ESCAPED LIQUID FUEL LIABILITY - LIMIT OF
LIABILITY $ 50,000
PROPERTY REMEDIATION FOR ESCAPED LIQUID FUEL, LIMIT OF LIABILITY $ 10,000
HO 23 04 05 11 PERSONAL PROPERTY REPLACEMENT COST LOSS SETTLEMENT - TEXAS