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HomeMy WebLinkAboutContract 52023 CITY SECREM CONTRACT NO., 5 a U 9 PUBLIC RIGHT-OF-WAY 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,Assistant City Manager, or Planning and Development Director, and John McKnight and Stacy McKnight (collectively, "Licensees"), owners of the real property located at 5220 Byers Ave, Fort Worth, Texas 76107 (the "Property), more particularly described in the attached Legal Description. RECITALS WHEREAS, Licensees are the owners of certain real property situated in the City of Fort Worth, Tarrant County, Texas, more particularly described in the attached Legal Description of the Property, attached as "Exhibit C" and incorporated herein for all purposes; and WHEREAS, the City has a street and/or other public right-of-way (individually or collectively, the "Public Right-of-Way") adjacent to the Property as shown on the map attached to this Agreement as "Exhibit A,"which is incorporated herein for all purposes; and WHEREAS, Licensees desire to construct, place, and/or maintain certain improvements which will encroach in, on, above, or below the Public Right-of-Way; and WHEREAS, to accommodate the needs of the Licensees, 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 Licensees of the fee set out below and covenants and agreements hereinafter contained to be kept and performed by the Licensees, hereby grants permission to the Licensees to encroach upon and occupy a portion of the City's Public Right-of-Way as described in and at the location shown on Exhibit A, but only to the extent shown thereon, for the purpose of maintaining a retaining wall and fence (the ROW Encroachment Agreement—Residential i QMCI ►L RECORD Revised 12/2018 CITY SECRETARY FT. WORTHF"T "Encroachment'). Upon completion of the Encroachment, Licensees agree to be responsible for maintaining the Encroachment within the Public Right-of-Way. Licensees shall not expand or otherwise cause the Encroachment to further infringe in or on the Public Right-of-Way 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 shall comply and be performed in strict compliance with this Agreement and with the Charter, Ordinances, 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, or their duly authorized representative. 3. Licensees, 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, use, 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, Licensees shall pay to City an additional amount equal to such additional cost as determined by the Director of Transportation and Public Works or the Director of the Water Department, or their duly authorized representative. 4. Licensees agrees that the 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. The City shall bear no responsibility or liability for any damage or disruption or other adverse consequences resulting from the Encroachment installed by Licensees, but City will make reasonable efforts to minimize such damage. ROW Encroachment Agreement—Residential Page 2 of 14 Revised 12/2018 5. Upon termination of this Agreement, Licensees shall, at the option of and at no expense to the City, remove the Encroachment and restore the Public Right-of-Way to a condition 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 and consistent with the condition of the Public Right-of-Way prior to the Encroachment. It is understood and agreed to by Licensees that if this Agreement terminates and Licensees fails to remove the Encroachment as directed and restore the Public Right-of-Way, Licensees hereby gives City permission to remove the Encroachment and any supporting structures and 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 encroachments and uses provided for by this Agreement, Licensees agree to pay to City at the time this Agreement is requested an application fee in the sum of Five Hundred Dollars ($500.00). Additionally, Licensees agree to pay a fee in the amount of$1.44 per square/linear foot of the encroachment area upon execution of this Agreement and annually thereafter. 7. The term of this Agreement shall be for thirty (30) years, commencing on the date this Agreement is executed by the City. However, this Agreement may be terminated upon Licensees' noncompliance with any of the terms of this Agreement. City shall notify Licensees in writing of any noncompliance and if not cured within thirty (30) days of receipt of the written notice, this Agreement shall be deemed terminated, unless such noncompliance is not susceptible to cure within thirty (30) days, in which case this Agreement shall be deemed terminated in the event that Licensees fail to commence and take such reasonable steps as are necessary to remedy the noncompliance within thirty (30) days after the date of the written notice specifying the same, or having so commenced, thereafter fails to proceed diligently and with continuity to remedy same. ROW Encroachment Agreement—Residential Page 3 of 14 Revised 12/2018 8. It is further understood and agreed between the parties hereto that the Public Right-of- Way to be used and encroached upon is held by City as trustee for the public; that City exercises such powers over the Public Right-of-Way 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 Right-of-Way 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 Right-of-Way 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 the Encroachment and the public purpose. 9. LICENSEES COVENANT AND AGREES TO INDEMNIFY, AND DO HEREBY INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, AND ELECTED OFFICIALS FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER HIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, EXISTENCE, OR LOCATION OF THE ENCROACHMENT AND USES GRANTED HEREUNDER, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, ELECTED OFFICIALS, OR INVITEES OF THE CITY; AND LICENSEES HEREBY ASSUME ALL LIABILITY AND RESPONSIBILITY FOR SUCH CLAIMS OR SUITS. LICENSEES 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 ROW Encroachment Agreement—Residential Page 4 of 14 Revised 12/2018 OR OMISSIONS OF LICENSEES, THEIR OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, OR INVITEES. 10. While this Agreement is in effect, Licensees agree to furnish City with a Certificate of Insurance as proof that they have 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: $300,000.00 with the understanding and agreement by Licensees that such amounts may be revised upward at the City's option and that Licensees shall so revise such amounts immediately following notice to Licensees of such requirement. Such insurance policy 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 attached as "Exhibit B" and incorporated herein for all purposes. Licensees agree to submit a similar Certificate of Insurance annually to the City on the anniversary date of the execution of this Agreement. Licensees agree, bind, and obligate themselves and their 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 Public Right-of-Way. All insurance coverage required herein shall include coverage of all Licensees' contractors and subcontractors. 11. Licensees agree 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 Tarrant County, Texas. After being recorded, the original shall be returned to the City Secretary of the City of Fort Worth. ROW Encroachment Agreement—Residential Page 5 of 14 Revised 12/2018 12. Licensees agree 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. Licensees agree 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. Licensees covenant and agree that they shall operate hereunder as an independent contractor as to all rights and privileges granted hereunder and not as officers, agents, servants, or employees of City, and Licensees shall have exclusive control of and the exclusive right to control the details of their operations, and all persons performing same, and shall be solely responsible for the acts and omissions of their officers, agents, servants, employees, contractors, subcontractors, licensees, and invitees. The doctrine of respondeat superior shall not apply as between City and Licensees, their officers, agents, servants, employees, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Licensees. 15. Licensees agree and acknowledge that this Agreement is solely for the purpose of permitting Licensees to construct, maintain, and locate the Encroachment over or within the described Public Right-of-Way and is not a conveyance of any right, title, or interest in or to the Public Right-of-Way, nor is it meant to convey any right to use or occupy property in which a third-party may have an interest. Licensees agree that they will obtain all necessary permission before occupying such property. 16. In any action brought by the City for the enforcement of the obligations of Licensees, City shall be entitled to recover interest and reasonable attorneys' fees if City is prevailing party. ROW Encroachment Agreement—Residential Page 6 of 14 Revised 12/2018 17. The parties agree that the duties and obligations contained in Section 5 shall survive the termination of this Agreement. 18. Licensees covenant and agree that they will not assign all or any of their rights, privileges, or duties under this contract without the prior written approval of the City, and any attempted assignment without such written approval shall be void. In the event Licensees convey the Property, Licensees may assign all of their rights and obligations under this Agreement to the new owner of the Property, and Licensees shall be deemed released from their 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 Licensees or assignment to a secured lender by Licensees 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 Licensees' rights and obligations hereunder. However, no change of ownership due to foreclosure or assignment to any secured lender of Licensees shall 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 shall be brought in Tarrant County, Texas. This Agreement shall be governed by the laws of the State of Texas 20. This Agreement shall be binding upon the parties hereto and their successors and assigns. 21. This Agreement may be executed in multiple counterparts, each of which shall be considered an original,but all of which shall constitute one instrument. ROW Encroachment Agreement—Residential Page 7 of 14 Revised 12/2018 City: Licensees: CITY OF FORT WORTH John and Stacy McKnight r. By: _..... By: -AA� �v✓ Randle Harwood,Director N :John McKnig Planning&Development itle: Owner Date: Date: (--� ) �� Z 7u.' By: Name: Stacy c ght Title: Owner Date: ATTEST: Approved s To Form and Legality ORTUyr ` City Secre . •' • �j� Trey alis 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. Janie S. Morales Development Manager ROW Encroachment Agreement—Residential Pa qff j�IAL RECORD Revised 12/2018 CITY SECRETi4RY 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 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 , 20 JENNIFER LOUISE EZERNACK _Notary Public, State of Texas Comm. Expires 03-01-2020 Notary Pu is and for the State of Texas o��\\\ Notary ID 130561630 After recording return to: Planning &Development Development Coordination Office 200 Texas Street Fort Worth, Texas 76102 OFFICIAL RECORD ROW Encroachment Agreement—Residential Pa e;04SECRET'ARY Revised 12/2018 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 John McKnight, 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE this a6A day of RAKUL0.rl 20 l ot'-71 ALEX WHEALY Notary ID#1315Commission Ex0824 pires�A � My Commission Expires May 16,2022 Notary Public in and for the State of OFFICIAL RECORD ROW Encroachment Agreement—Residential Page OCfTf SECRETARY Revised 12/2018 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 Stacy McKnight, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day ofQ�j�(�Q� 20 � � . y Ot—V " =Notary ALY1570824 n Expires Notary Public in and for the 022 State of T�-KkS IOFFICIAL REC R. CITY ff CRETARY ROW Encroachment Agreement—Residential P ge 11 of Revised 12/2018 FT. WORTH, TX EXHIBIT A Map of Public Right-of-Way and Encroachment ROW Encroachment Agreement—Residential Page 12 of 14 Revised 12)2018 LEGAL DESCRIPTION Ts all R&abtw.d&*Wmrwta Fk-*r,a F-Ml ad Sw%wrw Firm a 100yleoo Lot G and the hest 50 Feet of Lot H. Block 31, A".0rding to the Federal Chamberlin Arlington Heights, First Filing Addition to Y�O�'t� 0265 Y Flood the City of Fort North, Tarrant County, Texas, September 25 2�Cthis pvy Pond No.of lie 0285 K, darted According to the Plat recorded in Volume 1271, Page Flood HarQd Area. ' Property dow not ile witHn a 100-Yew 289, Deed Records, Tarrant County, Texas. 5calu It. 30' Tech, JP I .lob No, I ADDITIONAL BUILDING LINES/EAsEmEm PER CITY S.ONm r.ORDINANCE'S 1 Field, AT 702FB05P4 SUBDIVISION RE5TRICTION9/COJENANTB MAY AFFECT SUBJECT PROPERTY BUILDING LINES/EA5EMENTS PER PLAT UNLESS OTHERWISE NOTED 1/2' Z IRF PORTION OF Ia IRFLOT N 1BLOCK 31 ate& L T F1 LOT E Cm 5/5 R IRS EA5T 131.08' IRS A 188.84' IRF" 5 —� or. 4' U.E. i e� ' I crr I (total I 16,684 S0. FT. I � o LOT G D r M _ O ►-•� N — ' i —L-1 1 i 21.0' 3545 t RESIDPINCE LIMITS OF THE --_ _ UPDATED SURVEY 1 10 ----------- 1 t I � I toin in Iv 4�JZ2, I 9.0'- 1-9.b' I 1 I Z5' B.L. 102.2 ick dri X • natural Round elevatiam g 1/2" I 0 tc . top of curb stevatlam IRS 1 n 5'! n 101.6 10'9 S s EST 105.00' RS to 101.5 ---v„E 1.2 101.0 E water rnster tc to 100.9 100.4 s�• BYERS AVENUE ELEVATIONS A-*0 t s T ERP 7 BASED OF AN ..�.:�... ..�:.�. (801 R.O.W.) ELEVATION OF PAUL G. FUl1ER II 100.0 ....................... Revised, 10/30/I8 Updated frcrtt yard trcludlrtp etevdlam, i�QfESS t ?y0� fie- 5220 BYERS AVENUE tiO••SURG.F. No., FT-44122-44112211819-NJ Date: 02/20/2017 Purchoeer I, Pout G. Fuller It, Reatete-ed RW-aIaol Lad 5urvrya Na.450, do tter'&bY declare that the rrmp&hotun brat aarutety repraastte the property m d&t—h.d by at m==rd-=node.der mY direct-P-1s1m and DATE, Purchse am corr.cuy Ht tho m== i r_ad dMtsmiaro of tJm prapertY, m foal m ACCEPTED BY, th&dote of th&nrvey, Ydlrated Irvin.There ae ro visible c-n1c s, a At r'oF-W.��.�,�h-k-1-MV.ba er, FULLER ENGINEERING dvimd of and those&haat m the referenced Plot of rr,rard ae&haat or c'o'ed Frvort.TN&.tx.p ie fa the axclusly&,,..of title , ttm ntartgop. & LAND SURVEYING, INC. v*+pmY and fir prcho&r. LEGEND OF ABBREVIATIONS AND SYMBOLS a-L. . Build4tg Lltx I.P.F. Iran Pipe Ford O • Power Pole —//— . Wood Ferns M G. . Cartrol Monn•tantI.R.F. Iran Rad Ford P.O,S.E. . Public Open Space Eaeartstt 0 . Chain Lit* FwYA D.E. - Dralnapa Eau nitint I.R.S. Capped Iran Rad Set R.O.W. Right of Way D.U.E.. Drainage/UUIRf y O.H.E. -Ovw4vw Electric A - Water Meter —d— • Iran Farm M.E. tlOkEar�ff""t nw+t( ) Renard Deter U.E. Utility Faerte arrtt X— • Wire Fence ET Electmfa ric Tramer Bear Boris ❑� • Gas f 'an • Electric Meter 2411 GARDEN PARK COURT, ARLINGTON, Tx. 76013 - PH# (817)856-2442, FAX# (817)451-5676 EXHIBIT B Certificate of Insurance ROW Encroachment Agreement—Residential Page 13 of 14 Revised 12/2018 Exhibit a - - — ACORD,, CERTIFICATE OF LIABILITY INSURANCE immim PRODUCER 379448 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Higginbotham ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P O BOX 908 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Fort Worth, TX 76101 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURERA: Safeco Insurance Company of Indiana John&Stacy McKnight INSURERI3: Safeco Insurance Company of America 5220 Byers Avenue INSURER C: Fort Worth, TX 76107-3630 INSURER D: INSURER E: COVERAGES 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.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMBS LTR M DATE(MMIDD/YY) GENERAL LIABILITY EACH OCCURRENCE $ 500,000 DAMAGE TO D A COMMERCIAL GENERAL LIABILITY PREM SES EaEoccurence $ CLAIMS MADE F—I OCCUR MED EXP(Any one person) $ 10,000 v/ Personal Liability OY7590488 03/15/2018 03/15/2019 PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ POLICY PRO- OC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY SCHEDULEDAUTOS (Per person) $ HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESSAIMBRELLA LIABILITY EACH OCCURRENCE $ 2,000,000 B V OCCUR El CLAIMS MADE AGGREGATE $ 2,000,000 UY7488066 04/05!2018 04/05!2019 $ DEDUCTIBLE $ V( RETENTION $1,000 $ WORKERS COMPENSATION AND WCSTATTORY LIMIT ER, EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $ If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Fort worth DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 15 DAYS WRITTEN Planning 8r Development- CFA Office NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL PN 18-00167 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 200 Texas Street REPRESENTATIVES. Fort Worth, TX 76102 AUTHORIZE .R NTATNE J e R �t ACORD 25(2001/08) ©ACORD CORPORATION 1988 - -- - - Exhibit B - -- - - IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25(2001/08) EXHIBIT C Legal Description of the Property Lot G and the West 509 Feet of Lot H, Block 31, Chamberlin Arlington Heights, First Filing Addition to the City of Fort Worth, Tarrant County, Texas according to the plat recorded in Volume 1271, Page 283, Deed Records, Tarrant County, Texas ROW Encroachment Agreement—Residential Page 14 of 14 Revised 12/2018