HomeMy WebLinkAboutContract 41311CITY SECRETARY
CONTRACT NO. `F-D � I
EASEMENT ENCROACHMENT LICENSE AGREEMENT
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, and Event Facilities Fort Worth, Inc. hereinafter referred to as "Licensee",
owner of the property located at 1522 Rockwood Lane, Fort Worth ("Property").
RECITALS
WHEREAS, Licensee is the owner of certain real property described as Belmont
Gardens Addition, Lots 12R-1, 14R-1, 14R-2, & 14R-3, an addition to the City of Fort
Worth, Tarrant County, Texas as recorded in Volume 3 8 8-60, Page 36, of the Deed
records of Tarrant County ("Property"); and
WHEREAS, the City has a 15-foot storm drain/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 an 8-foot fence (the
"Encroachment") 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 approve
allowing 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.
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) aftached—
OFFICIAL RECORD
hereto.
CITY SECRETARY
FT. WORTH, TX
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 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 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 of Encroachment installed by Licensee, but
City will make reasonable efforts to minimize such damage. Should it become necessary
to remove the Encroachment to install, repair, replace or maintain improvements to City
public facilities or utilities in the Easement, the Licensee shall remove the Encroachment
at the Licensee's expense. The City shall furnish the Licensee with notice if removal of
the Encroachment is deemed necessary by the Water Department Licensee agrees that
upon request of City, and within 30 days from the date of such request, to relocate the
Encroachment away from the Easement and to restore the Easement to its original
condition all at the sole cost and expense of Licensee.
2
4.
The Licensee further agrees that City shall have the absolute right at its discretion to
terminate this license or refuse to allow the Licensee to continue to have the
Encroachment over, under or across the Easement if the City determines that the
Easement is being substantially damaged by the Encroachment, or that the Encroachment
otherwise places an undue burden on the operation of the municipal utility(ies) system or
in the event the Licensee fails to comply with the provisions of this Agreement City
shall furnish Licensee with notice requiring the removal in a time period as is reasonable
under the circumstances. After receipt of such notice, the Licensee shall thereafter
immediately remove the 1-i;ncroachment and restore the Easement to the same condition as
existed prior to the installation of the Encroachment In the event the Licensee fails to
promptly remove the Encroachment and restore the Easement within the time required by
the notice, the City may remove the Encroachment and restore the Easement and assess a
lien on the Property for the costs expended by the City to remove the Encroachment.
5.
Licensee agrees to pay to City at the time this Agreement is executed a fee in the sum of
Two Hundred Seventy-five Dollars ($275.00) to pay necessary fees to record this
Agreement in its entirety in the deed records of Tarrant County.
6.
LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES
HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS
OFFICERS, AGENTS, SERVANTS, EMPLOYEES AND ELECTED OFFICIALS
FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY
DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO
ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER,
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
3
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.
7.
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
respondent 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.
8.
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 in not a conveyance of any right, title or interest in or to the
Easement.
9.
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.
10.
The parties agree that the duties and obligation contained paragraphs 3 and 4 shall survive
the termination of this Agreement
4
11.
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.
12.
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.
13.
This agreement shall be binding upon the parties hereto, their successors and
assigns.
EXECUTED this SS' day of
City
City of Fort Worth
ByCral---*
Fernando Costa,
Asst. City Manager
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NO M&C RE U1 RE goof, p4 ‹, .
Licensee
Event Facilities Fort Worth, Inc.
By:
Name: Mike Groomer
Title: President
ATTEST:
City Secret
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at
Approved As To Form and Legality
0a PI
41
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As,"
Assistant City Attorney
5
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
STATE OF TEXAS
COUNTY OF TAINT
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared Fernando Costa 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 544 day of
20
•
iSkY
• t• 4 • \'
tea)• • °LI
et; t
EVONIA DANIELS
MY COMMISSION EXPIRES
July 10, 2013
otary Public in and for the State of Texas
6
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 Mike Groomer, 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 Grantee, and in the capacity therein stated.
2011.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 28th day of December,
PEGGY CAMPS
My Commission Expires
July 311 2011
41"----
Notary ub is in and for the State of Texas
7
EASEMENT ENCROACHMENT LICENSE AGREEMENT
Exhibit "A"
8
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DEWLOPER / OWNER
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'1a 89487
12-15-2010
cr f v SECH rINN
CONTRACT t C,, _
EASEMENT ENCROACHMENT LICENSE AGREEMENT
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, and Event Facilities Fort Worth, Inc. hereinafter referred to as "Licensee",
owner of the property located at 1522 Rockwood Lane, Fort Worth ("Property").
RECITALS
WHEREAS, Licensee is the owner of certain real property described as Belmont
Gardens Addition, Lots 12R-1, 14R-1, 14R-2, & 14R-3, an addition to the City of Fort
Worth, Tarrant County, Texas as recorded in Volume 3 8 8 -60, Page 36, of the Deed
records of Tarrant County ("Property"); and
WHEREAS, the City has a 15 -foot storm drain/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 an 8-foot fence (the
"Encroachment") 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 approve
allowing 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.
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.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTh, TX
1
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 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 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 of Encroachment installed by Licensee, but
City will make reasonable efforts to minimize such damage. Should it become necessary
to remove the Encroachment to install, repair, replace or maintain improvements to City
public facilities or utilities in the Easement, the Licensee shall remove the Encroachment
at the Licensee's expense. The City shall furnish the Licensee with notice if removal of
the Encroachment is deemed necessary by the Water Department. Licensee agrees that
upon request of City, and within 30 days from the date of such request, to relocate the
Encroachment away from the Easement and to restore the Easement to its original
condition all at the sole cost and expense of Licensee.
OFFICIAL RECORD
CITY SECRETARY
FT, WORTH, TX
2
4.
The Licensee further agrees that City shall have the absolute right at its discretion to
terminate this license or refuse to allow the Licensee to continue to have the
Encroachment over, under or across the Easement if the City determines that the
Easement is being substantially damaged by the Encroachment, or that the Encroachment
otherwise places an undue burden on the operation of the municipal utility(ies) system or
in the event the Licensee fails to comply with the provisions of this Agreement City
shall furnish Licensee with notice requiring the removal in a time period as is reasonable
under the circumstances. After receipt of such notice, the Licensee shall thereafter
immediately remove the Encroachment and restore the Easement to the same condition as
existed prior to the installation of the Encroachment In the event the Licensee fails to
promptly remove the Encroachment and restore the Easement within the time required by
the notice, the City may remove the Encroachment and restore the Easement and assess a
lien on the Property for the costs expended by the City to remove the Encroachment.
5.
Licensee agrees to pay to City at the time this Agreement is executed a fee in the sum of
Two Hundred Seventy-five Dollars ($275.00) to pay necessary fees to record this
Agreement in its entirety in the deed records of Tarrant County.
6.
LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES
HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS
OFFICERS, AGENTS, SERVANTS, EMPLOYEES AND ELECTED OFFICIALS
FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY
DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO
ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER,
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
3
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.
7.
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
respondent 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.
8.
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 in not a conveyance of any right, title or interest in or to the
Easement.
9.
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.
10.
The parties agree that the duties and obligation contained paragraphs 3 and 4 shall survive
the termination of this Agreement
4
11.
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.
12.
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.
13.
This agreement shall be binding upon the parties hereto, their successors and
assigns.
EXECUTED this day of Q(1)4/\)‘“10-0-,
City
City of Fort Worth
Fernando Costa,
Asst. City Manager
11 _flat
NI M&C REQUIRED
ATTEST:
City Sec etary
Licensee
Event Facilities Fort Worth, Inc.
Name: Mike Groomer
Title: President
proved As To Form and Legality
Assistant City Attorney
5
o.
FFICIQL 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 Fernando Costa 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 thi/(fi day of
20
•••%••• EVONIA DANIELS
1 •* • •• = MY COMMISSION EXPIRES
r
004
•
;;' July 10, 2013
���itv
Ili n-
otary Public in and for the State of Texas
6
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 Mike Groomer, 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 Grantee, and in the capacity therein stated.
2011.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 28th day of December,
Notar P blic in and for the State of Texas
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
7
EASEMENT ENCR ,l ACHMENT LICENSE .ARE IKMEN11
Exhibit "A"
a TFICIAI RECORD
il'ffY SECRETARY
FT, WORTH, TX
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4.079 Acres
Minimum FF Fit'. 54 .20'
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N
114.16'0 ill of Lot :2-R, kelnunt 4x4f', en acJitiun to the Ca, u: Fun 44 WINTunnl
('.aunt, Te+ac a. roantW t,r \'aolnw 3RF t0. bye 3n. Plat Ra;ntd.. Tarrant (aunty, Tccae
user all of Lot 14R, 9eLnnot (iaNcn. Ad4atnn, on &Wallin n' that ('IR. of Fin Worth, Tarrant
Conroy. Taos is r,cvrdcu In \ oiume 14X.R4. PN:a i". R:al R.LunIh Tanat Cott.-,1 cus aN
eaunl W in rho R. (1. React Runc>. Ahe:nct No. I _R3 end ate ) Ifaug'n Gm ey, Abstract No.
t 15 to the City nl'Fon W .,n1. Tarrant ("i.uuty,'ro a
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If 1444 a.c Fri
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Belmont Gardens Addition
8'
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2:
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Q
3/4"
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1
9.
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-
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WROUGHT IRON FENCE ELEVATION
NO SCALE
WIRE TIES
11 GUAGE CHAIN
LINK FABRIC
2 STRANDS
12 GAUAGE
REINFORCING
WIRE
30",TYP.
1
3"
2 MULTIPLES END BAY 10'-0"
OF 10'-0" (MAX)
CHAIN LIKE FENCE ELEVATION
24" LINE POST
(.095 WALL)
9"
NO SCALE
. 0C<WOCD LANE
FENCE EX-131T
Baird, Hampton & Brown, Inc.
e Engineering AC Surveying
6300 Pldglea Place, Suite 700 ft Worth, TX 76116 Td:(817)338-1277 Fax:(817)338-9245 E-NoLmaCObhbinc.com
RYAS REGISTRATION NO. F-000044
METAL RAIL
PICKETS
11x21" METAL POST
METAL RAIL
3 STRANDS
/ 12 GAUAGE
r BARBED
WIRE
BRACE
TRUSS ROD
3/8 MIN.
24" CORNER POST
(.095 WALL)
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2"
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GRAPHIC SCALE
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FENCE
LOCATION
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LOCATION
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SS LINE
15' SS
EASEMENT
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LOCATED BY VT,
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PROPOSED
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FENCE
LOCATFO\
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f' r„l'SSUALJ—
META{ Rat
-1/2" PIKES
--2' METAL POST
r— META. RA'
WROUGHT IRON FENCE ELEVATION
NO :PALL
DIRECTOR OF PLANNING AND DEVELOPMENT
DATE
ROCKW00D LANE
AS -BUILT FENCE EXHIBIT
ZONING CASE NO.
OFOF= (PEP / OWNER
EVENT rACI'ITIIES FORT WORTH
505 MAN STREET. ELUTE 240
FORT WORTH, TX 76102
ATTN: MIKE GROOMER
O 817-712-4260
". 817-G98-B15B
FNGINFE / S'PV>= OR
BAIRD. HAVR ON & BROWN, INC.
6.300 RI0GLEA PLACE S.,.._ 700
FORT 'WORTH'I
, `X 76'6
ATTN TRACE STREEE'+, PE
Cr 817-33E-1277
F 517-338-S245
DESIGN } DRAWN
rH/HB AAM
DATE ! REVS
r-
72 10
SCA] %
P40,ECT tiLIMBER
2GC.5.' 53 000
MARY LO U I S E GARCIA
COUNTY CLERK
100 West Weatherford Fort Worth, TX 76196-0401
PHONE (817) 884-1195
FTW CITY SECRETARY
1000 THROCKMORTON STREET
FTW, TX 76102
Submitter: CITY OF FORT
WORTH/DEVELOPMENT &
PLANNING
DO NOT DESTROY
WARNING -THIS IS PART OF THE OFFICIAL RECORD.
Filed For Registration: 1/7/2011 11:05 AM
Instrument #: D211005328
A 12 PGS $56.00
By:
D211005328
•
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.
Prepared by: DBWARD