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HomeMy WebLinkAboutContract 41066CLTY SECRETARY CONTRACT No. Li i o tO STATE OF TEXAS § AMENDMENT AND ASSIGNMENT OF ENCROACHMENT AGREEMENT COUNTY OF TARRANT § WHEREAS, , the City of Fort Worth (herein "City") and John Goff (herein "Goff"), as property owner entered into City Secretary Contract No. 35143 (the "Agreement") dated April 3, 2007, captioned "Encroachment Agreement" affecting the property known as 4447 Crestline Road, being Lot, 2-R, Block 9, Hillcrest Addition to the City of Fort Worth, Tarrant County, Texas (the "Property"); and WHEREAS, the Agreement authorized areas of encroachment on City property with various Improvements described in the Agreement; and WHEREAS, a copy of the Agreement is attached hereto as Exhibit 1 and incorporated herein by reference as if set forth in full; and WHEREAS, Jolrn Goff later sold the Property to Tom C. Nichols, and wife Lynda L. Nichols (herein "Nichols"); and WHEREAS, Robert C. Grable and wife, Martha H. Grable (herein "Grable"), have signed a contract to buy the Property from Nichols; and WHEREAS, Goff and Nichols (collectively the "Assignors") desire to assign the Agreement to Grable ("Assignee"); and WHEREAS, the Agreement is being amended to correctly identify the Improvements encroaching on City property and to revise the survey exhibit depicting the aforementioned Improvements, NOW, THEREFORE, City, Assignors and Assignee acting herein by and through their duly authorized representatives, in consideration of the premises, a AMENDMENT AND ASSIGNMENT OF ENCROACHMENT AGREEMENT— PAGE 1 Amendment and Assignment of Encroachment Agreement.DOC vDENCEYV6diiEffi0PW CITY SECRETARY FT. WORTH, TX uable consideration the full receipt and sufficiency of which is hereby acknowledged, hereby agree as follows: 1. Section 1 is amended to read as follows: "For and in consideration of the payment by Grantee of the fee set out below and the true and faithful performance of the mutual covenants herein contained, City hereby grants to Grantee permission to construct/ install and/or allow to remain, Improvement(s) ("Improvement") that encroaches upon, uses and/or occupies portions of the space under, on and/or above the streets, alleys, easements, sidewalks and other public rights -of -way, such Improvement(s) are described as follows: three part rolling security gate, planter boxes, entry stairs, vegetation, including shrubs and trees, wrought iron fence, wood fence and brick and stone walls. The location and description of said Improvements and the encroachments are more particularly described in Exhibit "A-1", attached hereto, incorporated herein and made a part hereof for all purposes. 2. Exhibit A is hereby replaced with Exhibit A-1 attached hereto and incorporated herein to the Agreement. 3. The City of Fort Worth does hereby consent to the assignment of the Agreement from Assignors to Assignee. 4. As consideration for the Assignment of the Agreement, Assignee hereby expressly accepts and assumes all obligations and liabilities of Assignors under the terms of the Agreement, for so long as Grable owns the Property, and agrees to be bound by all the terms, provisions and covenants therein. IN WITNESS WHEREOF, the parties have signed this amendment and assignmer t effective as of November 15, 2010. AMENDMENT AND ASSIGNMENT OF ENCROACHMENT AGREEMENT— PAGE 2 Amendment and Assignment of Encroachment Agreement.DOC OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX ASSIGNORS JOI-IN--GO F • DA L. NICHOLS STATE OF TEXAS COUNTY OF TARRANT ASSIG ROBET C. GRABLE MARTHA H. GRABLE BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared John Goff, individually 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 himself, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFfC s /0 day of November, 2010. i`� LARRY E. TOWNSEND Noyary Pt tbilc );\\ STATE OF TEXAS My Comm, t,xp. 06/24/2013 �t�o- r iRt![tGl�4lT4� rXrSrr.R;.::mac..-. ; T.r . \sVr v . Notary Pu i%rin and for the State of Texas OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX AMENDMENT AND ASSIGNMENT OF ENCROACI IMENT AGREEMENT - PAGE 3 Amendment and Assignment of Encroachment Agrcc ent.DOC 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 Tom C. Nichols, individually 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 himself, and in the capacity therein stated. 2010. GIVEN UNDER MY HAND AND SEAL OF 0 L TOWNSEND !� Notary Public STATE OF TEXAS N\ ` j3-.' My Comm. Exp. 06/2412013 % f:SCIG 3CXSn't-Fea. V t v.\ STATE OF TEXAS COUNTY OF TARRANT . ay of November, u k� i n • le State of Texas BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Lynda L. Nichols, individually 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 himself, and in the capacity therein stated. 2010. GIVEN UNDER MY HAND AND SEAL OF OFFI LAR Y E.TOWNSEND Notary Public STATE, F TEXAS My Cabin). iixp. 06/24/2013 Not. Pub AMENDMENT AND ASSIGNMENT OF ENCROACHMENT AGREEMENT — PAGE 4 Amendment and Assignment of Encroachment Agreement.DOC of November, and for the State of Texas 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 Robert C. Grable, individually 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 himself, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this go day of November, 2010. C3LONA MoGOWAN Notary Public STATE OF TEXAS My Comm. Exp. 06/22/2012 STATE OF TEXAS COUNTY OF TARRANT Notary Public in and for the State of Texas BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Martha H. Grable, individually 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 himself, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this M ne- day of November, 2010. 0 v v GLORIA McGOWAN Notary Public STATE OF TEXAS My Comm. Exp. 06/22/2012 e aiw Notary Public in and for the State of Texas AMENDMENT AND ASSIGNMENT OF ENCROACHMENT AGREEMENT — PAGE 5 Amendment and Assignment of Encroachment Agreemeri `.DOC OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX APPROVED by the C'ty of Fort Worth: 1, By: cwitilc-1 le, Navvy 1 Title P atri fl ani bwdowwii 1- ATTEST: aidc(UAA City Secretary 3 —Tr T NO M&C REQUIRED Approved as to Fonn and Legality: &tfi, `W I' `Ur Assistant City Attorney STATE OF TEXAS COUNTY OF TARRANT 0111111 ihn P. IRMA SAENZ Notary Public, State of Texas My Commission Expires January 28, 2012 eixti1en1- ar otti Q0000pi r(� tztaltesvistioete BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Zo.MAd Raul , 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of November, 2010. OFFICIAL RECORD CITY SECRETARY ET. WORTH, TX te, Notary Public in and for the State of rexas Lati . • y - .. t:$ ff ino AMENDMENT AND ASSIGNMENT OF ENCROACHMENT AGREEMENT — PAGE 6 Amendment and Assignment of Encroachment Agreement.DOC IRMA StateSAENZ of Texas My Commission Public. ion Expires nu Jaary Z8 . 2012 • • EXHIBIT "1" CITY SECRETARY ..CONTRACT NO ENCROACHMENT AGREEMENT STATE OF TEXAS COUNTY OF TARRANT THIS AGREEMENT is made and entered into by and between the City of Fort Worth, a municipal corporation of Tarrant County, Texas, acting herein by and through its duly authorized City Manager or duly designated Assistant City Manager, hereinafter referred to as the "City," and John Goff, property owner, hereinafter referred to as "Grantee," owner of the property located at 4447 Lot 2-R, Block 9, Hillcrest Addition to the City of Fort Worth, Tarrant C re54I+r1C County, Texas ("Property"). WITNESSETH 1. For and in consideration of the payment by Grantee of the fee set out below and the true and faithful performance of the mutual covenants herein contained, City hereby grants to Grantee permission to construct/install and/or allow to remain, Improvement(s) ("Improvement") that encroaches upon, uses and/or occupies portions of the space under, on and/or above the streets, alleys, sidewalks and other public rights -of -way, such Improvements) are described as follows: • A total encroachment of 621.5 square feet to the north and east o the Property. The specific areas of encroachment are further described as follows: North encroachment abutting Crestline Road: 180.0 square feet (5' x 36') encroachment consisting of 6' wrought iron fence and vegetation limited to shrubs no taller than 2 and trees kanching higher than 11'; and, East encroachment abutting Ashland Road: 441.5 square feet (5' x 88.3') encroachment consisttntof 11' three part rolling security gate, planter boxes, entry stairs, and vegetation. 4415998v.2 129144/00001 1 TARRANT. Doc: .000121123_04/09/2007. VIP: .0000000_00000 Page 1 of 1; The location and description of said Improvement and the encroaclunent is more particularly described in Exhibit "A", attached hereto, incorporated herein and made a part hereof for all purposes. All construction, maintenance and operation in connection with such Improvement, use and occupancy shall be performed in strict compliance with this Agreement and the Charter, Ordinances and Codes of the City and in accordance with the directions of the Director of Transportation and Public Works of City, or his duly authorized representative. All plans and specifications thereof shall be subject to the prior written approval of the Director of Transportation and Public Works, or his duly authorized representative, but such approval shall not relieve Grantee of responsibility and liability for concept, design and computation in preparation of such plans and specifications. 3. Upon completion of construction and installation of said Improvement and thereafter, there shall be no encroachments in, under, on or above the surface area of the streets, alleys, sidewalks and other public rights -of -way involved, except as described herein and shown on the hereinabove referred to Exhibit "A". 4. Grantee, at no expense to the City, shall make proper provisions for the relocation and installation of any existing or future utilities affected by such encroaclunent use and occupancy, including the securing of approval and consent from the utility companies and the appropriate 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, constructed by or on behalf of the public or at public expense is made more costly by virtue of 2 4415998 v.1 129144/00001 TARRANT. Doc: .000121123_04/09/2007. V/P:.0000000__00000 Page 2 of 1; the construction, maintenance or existence of such encroachment and use, Grantee shall pay to City an additional amount equal to such additional cost as determined by the Director of Transportation and Public Works of the Clty, or his duly authorized representative. 5. City may enter and utilize the referenced areas at any time for the purpose of installing or maintaining improvements necessary for the health, safety and welfare of the public or for any other public purpose. In this regard, Grantee understands and agrees that City shall bear no responsibility or liability for damage or disruption of improvements installed by Grantee or its successors, but City will make reasonable efforts to minimize such damage. 6. 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, Grantee agrees to pay to City at the time this Agreement is executed a fee in the sum of Five Hundred and Thirty Five Dollars and No/100's ($535.00). 7. The term of this Agreement shall be for thirty years, commencing on the date this Agreement is executed by the City of Fort Worth. 8. Upon termination of this Agreement, Grantee shall, at the option of City and at no expense to City, restore the public right-of-way and remove the Improvement encroaching into the public right-of-way, to a condition acceptable to the Director of Transportation and Public Works, or his duly authorized representative, and in accordance with then existing City specifications. It is understood and agreed to by Grantee that if this Agreement terminates and 3 4 415 99 8 v. 1129144/00001 TARRANT. Doe: .000121123_04/00/2007. V/P:.0000000e00000 Page 3 of 13 Grantee fails to remove the Improvement, Owner hereby gives City permission to remove the Improvement and any supporting structures and assess a lien on the Property for the costs • expended by the City to remove such Improvement. 9. It is further understood and agreed upon between the parties hereto that the public rights - of -way, alleys, sidewalks ("public right-of-way") 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 public right-of-way 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 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 right of way to be used for any other public purpose, 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 this Agreement shall automatically terminate. 10. Grantee understands and agrees that the granting of any encroachment hereunder is not meant to convey to Grantee any right to use or occupy property in which a third party may have an interest, and Grantee agrees that it will obtain all necessary permission before occupying such property. 11. Grantee 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 Improvement, encroachment and uses. 4 4415998v. 1129144/00001 TARRANT. Doc: .000121123_04/09/2007. V/P:.0000000_00000 Page 4 of 13 12. Grantee 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. 13. Grantee 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 o f City and Grantee shall have exclusive control of and the exclusive right to control the details o f 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 respondent superior shall not apply as between City and Grantee, its o fficers, agents, servants, employees, contractors and subcontractors, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Grantee. 1 4. GRANTEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES HEREBY INDEMNIFY, I-IOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, 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 IMPROVEMENT AND ENCROACHMENT AND USES GRANTED HEREUNDER, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, 5 44 t 5998v.1 129144/00001 TARRANT. Doc: .000121123__04/09/2007. VIP:.0000000__00000 Page 5 of 13 CONTRACTORS, SUBCONTRACTORS, LICENSEES OR INVITEES OF THE CITY; AND GRANTEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR SUCII CLAIMS OR SUITS. GRANTEE SHALL LIKEWISE ASSUME ALL LIABILITY AND RESPONSIIIILITY AND SHALL INDEMNIFY CITY FOR ANY AND ALL INJURY OR DAMAGE TO CITY PROPERTY ARISING OUT OF OR IN CONNECTION WITH ANY AN ) ALL ACTS OR OMISSIONS OF GRANTEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES, OR TRESPASSERS. 15. While this Agreement is in effect, Grantee 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: Property damage, per OCCUITCICC: $100,000 Bodily injury, per person $250,000 Bodily injury or death, per occurrence $500,000 with the understanding of and agreement by Grantee that such insurance amounts shall be revised upward at City's option and that Grantee 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". Grantee agrees to submit a similar Certificate of Insurance annually to City on the anniversary date of the execution of this Agreement. 4415 998 v. 1129144/00001 6 TARRANT. Doc: .000121123_04109/2007. v/P:.0000000_00000 Page 6 of 13 • • Grantee agrees, binds and obligates itself, its successors and assigns, to maintain and keep in force such public liability insurance at all times during the terns of this Agreement and until the removal of all encroachments and the cleaning and restoration of the city streets. All insurance coverage required herein shall include coverage of all Grantee's contractors. • 1 G. Grantee agrees to deposit with the City when this Agreement is executed a sufficient surn of money to be used to pay necessary fees to record this Consent 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. 17. In any action brought by the City for the enforcement of the obligations of Grantee, City shall be entitled to recover interest and reasonable attorney's fees. 18. Grantee covenants and agrees that it will not assign all or any of its rights, privileges or duties under this contract without the prior written approval of the City Manager or designee. Any attempted assignment without prior written approval will be void. 19. THE PARTIES AGREE THAT THE DUTIES AND OBLIGATION CONTAINED 11\1 PARAGRAPH 8 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 20. This Agreement shall be binding upon the parties hereto, their successors and assigns. 4415998v.1 129144/0000 l 7 TARRANT. Doc: .000121123_04/04/2007. VIP: .0000000_00000 Page 7 of 13 EXECUTED this City: City of Fort Worth By: C Daic Fissttcr, bob e pi calve day of*wenrber, 200/7 ATTEST: fy\ City Secretary NO M&C REQUIRED 4415998v.1 129144/00001 8 Grantee: <u7 Goff 13 Approved as to Form and Legality Assistant City ttorney TARE ANT. Doc: .000121123_04/00/2007. V/P:.0000000_00000 Page 8 of 13 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 Bob Riley, 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 2 day of Nk 'cm , 20 Cr f ANGELA CSTRADA , Notary "':;= is STATE Or TEXAS My Carel €rv0012112007 11 Notary Pu Iic in and for the State of Texas TARRANT. Doc: .000121123_04/09/2007. V/P:.0000000_00000 Page 9 of 13 STATE OIL TEXAS S COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared John Goff, individual known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to nic that he/she executed the same for the purposes and consideration therein expressed, as the act and deed of himself, and in the capacity therein stated. 2006. �tt'' iba GIVEN UNDER MY HAND AND SEAL OF OFFICE this "7 day of rntre .• R, U °Y MELISSA ®®g PRIMER e S.C) ,If 14.A et 0s MELISSA M. PRIMER 6 ° `� • = kr la v Pubs a State nl Toms 4si"nIIl,` F'r A y� otity .." My fn.," ;s,on t met D:i 17.09 htitittl 10 4415998v.1 129144/00001 Notar Public in and for the State of Texas TARRANT. Doc: .000121123__04/0912007. VIP: .0000000_00000 Page 10 of 13 • g rt • ‘Ni Exhibit "A" Encroachment Site Plan CREC i_I1.I C_ROAD c cw' u.o.Nt-t) i�l / /7 4' %re ` • • r" .`p' vot•D'I4 Iol - - 1 NI �x;tat.0 l'ru'.o1 5 • I .•' 1 W1;c,i 55.00' 4415998v.1 129144100001 11 4415998 v. 1129144/0000l 11 • • • • • .r� 1/1ig irzo�•I dgon rt,Ur.1 r• 1/ L+ t.\Sr` r` •I 2 .3 TARRANT. Doc: .000121123_04/09/2007. V/P:.0000000__00000 Page 11 of 13 • • • Exhibit ".Li" Certificate of Insurance ACQBFQ CERTIFICATE OF eflmwan KM Personal Xna-PLX DAL Suite 2050 2711 Worth Haskell Ave. Dallas TX 75204 Phone:214-055-5600 Fux:214-855-5627 LIABILITY INSURANCE John Gotf BCrescepnt Real (state tquities 777 main Street Suite 2T100 Port Worth TX 7E102 OPID 7>i Drnt (L[IAW YYl) GOFFJOl 03/19/07 TI S CERT FICATE 15 ISSUED AS A MATTER OF INFORMATION ONLY At D CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATC DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, INSURERS AFFORDING COVERAGE tuu!EAA Chubb Lloyds of Texas IN9JgER B NAIC i 2717 M:4JR£R C. .)dt.RE4 Ew COVERAGES THEPOUC ANY NAY POUCIE REQUIREMENT, PERTAIN ES op INSURANCE Li;t EO BELOW NAVE BEEN ISSUED TO THE INSURED NAME°ABOVE FOR MS POLICY PERIOD p 1D:CAt ED. NOT WI1 KSTANDIND TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WrICH THIS CERTIFICATE MAY BE ISSUED OR Alt INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERNS. EXCLUSIONS AND CONDITIONS OF SUCH S. AGGREGATE LIMITS S10Vtt4 MAY NAVE BEEN REDUCED BY PAIDCLAMS. nm iY71. inilE'EFFECY[VFx`'PD.1'1' FTPttioVA LTR It9IiV TTT^t OP &RIRAAKE POI ICY t&4PEA DATE VALID ISY) DATt (HADDDrm LC/RS Gf/SERPl. UA LRY E/CI. GCCIttE4t f TrilcCN•fRGW. T5 "i GOON I. LADS PstfaSES rte OctDar<q , cciz I 1 . CAMS MALE �i I I O.:CtAT Leo en' ;Any ar o.nv+. I t PFRS/$t4 S AD.ILIAY 't GETSRA: PhCZf GAT! It GEM. 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PFIOV.fle'.6 In accordance with entoarhmnnt agreement between John Goff and City Worth, TX seta; Hale iisceler, for property located at 4447 Crcctliue, of Fort Fort Worth, TX 76107. CANCELLATION city oe Sort Worth Dale ti.sselcr 1000 TChrockm0rt0n Port Worth 'TX 76102 ACORD 25 (2001106) 4415 99 8 v.2 129144/0000 I 12 SM:1A0 ANY Or DIE ABOVE DESCRtk'C Aq;C1E9 DE CANCCLLE0 PEFD(E THE PYPIRA Day DATE TT¢REOP, THE ISSUING *ALDER WU. ENDcAVDIt TO IIA& 10 DAYS wurmu NOTICE TA Slit CDYINICATE HOLLER NAN40 TO THE LER, HUT rain TO DO SO sttALL upO$E NO OOLIGAUON OR LLfULRY OF AHY RFC; G*ON THE ADORER RC ACE NT6 OR REAI4ECENT ATNEB A V Od7RiBED RE➢RE SENT AWE VE Jim Marks G ACORD CORPORATION 1986 TARRANT. Doc: .000121123_04/09/2007. VIP: .0000000�00000 Page 12 of 13 • • CITY OF FT WORTH 1000 THROCKIVIORTON FT WORTH TX 76102 Cubrnitter: CITY OF FT WORTH/J CRAIG EATON WARNING SUZANNE HENDERSON TARRANT COUNTY CLERK TARRANT COUNT' COURTHOUSE 100 WEST WEATHERFORD FORT WORTH, TX 76196-0401 THI Iv DO NOT DESTROY FART OF THE OFFICIAL)RECORD. RD. Filed .or RegletraUon: 04109/2007 01:28 PM Instrument #: G207121123 A 13PGS 11.111111111111111111111111111111111111111101111 D207121123 $60.00 ANY PROVISION WHICH RESTRICTS THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW. • TARRANT. Doc: .000121123__04/09/2007. V/P:.0000000__00000 Page 13 of 13 ., PRA'CJS0 LAND SURVEYING, INC. BALLA3 FORT WORTH PH. 972-68 1-7072 PH. 817-451-0522 Fx. 972-279-1506 FX. 817-498-3418 4625 EASTOVER DR. MESQUITE, TX 75149 found 5/811" •,'' • .iron rod:' • • • la— • :..:a3. • stone' .•fireplace: • found 5/8" iron rod bears S 17' 44' 06" E 0.42' • L ",§.-5a m ;. 4.JL: . brick wall brick wall 0 InMillowit 20' X 20' 6 PUBLIC OPEN'' ." ••• • NOTES: (per plat) CM = CONTROLLING MONUMENT. THIS SURVEY IS AFFECTED BY THE FOLLOWING: (IOg)-AGREEMENT, C.F NO. D207121123, D.R T.C.T. 3.1' Ce3s.4WIIC.MarPW.,,MSa,7W1..... HILL CREST ADDITION VOL 335, PG. 17 D.R.T.0 T. concrete•': `,. l'•• ence utility pale.,;.; , ;-••••%. - 35.9' TWO STORY BRICK, STONE $ FRAME 4447 CRESTLINE 0 (REF. B ROAD LOCK ca 39.0' —Fountain .RING wrough iron fence 7' 2.7 CMI • APPROXIMATE LOCATION OF SANITARY SEWER LINE AS SHOWN ON CITY OF FORT NORTH SEWER MAP 2036-358/S 10' UTILITY EASEMENT (per plat) L• 4,-- brick column (typical) CM Ifound 5/5" 'iron rod • 20' BUILDING LINE 7per plat) SPACE EASEMENT f EST T (60' R.O,W.) BEARINGS ARE BASED ON THE RECORDED PLAT REFERENCED BELOW. 0 _ 'o 15 20 BO THIS SURVEY IS VALID ONLY WITH ORIGINAL SIGNATURE IN BLACK INK. i � IN FEET of .. - �..,... , ,....... .....M...,, .,.... _,...._ .....,.....,.,,, SCALE IN FEE 'THIS IS TO DECLARE that on this date a surveywas made � the property located at 4447 CRESTLINE ROAD, nd Being Lot 2 the Blockd9 uHILLCREer ST ADDITION direction ato the City supervision Fort Worth, Tarrant County, Texas, according to plat recorded in Volume 388-164 Page 51, Deed Records of Tarrant County, Texas There are no visible conflicts or protrusions, except as shown. The subject property does not appear to lie within the limits of a 100—year flood hazard zone according to the snap published by the Federal Emergency Management Agency, and has a Zone "X' Rating as shown by Map No. 48439CO285 IC, dated SEPTEMBER 25, 2009. The statement that the property does or does not he within a 100—year flood zone is not to be taken as a representation that the property will or will not flood. This survey is not to be used for construction purposes and is for the exclusive use of the hereon named purchaser, mortgage company, and title company only and this survey is made pursuant to that one certain title commitment under the GF number showxi here on Provided by the title company "narked hereon and that on this date the easements, rights -of -way or other lc ratable matters of record of which the undersigned has knowledge or has been advised are as shown or noted hereon. This survey is subject to any and all covenants and restrictions of record ertaining to the recorded plat --- DATE: concrete :•_ D 110.00' found 5/8" ironrodIron rod 180.00' CM found 5/8" ACCEPTED BY: DATE: 10/13/10 FIELD DATE: 10/12/10 REVISED: GF I\'O. 10-0300Ci MAPSCO NO: 75-G RATTIKIN TITLE COMPANY TECH: RLH FIELD: 10B NO: 210-2728 Registered Professional Land Surr r '1: