HomeMy WebLinkAboutContract 54214 Date Received: Jul 29, 2020 City Secretary
Time Received: 8.30 am Number: 54214
EASEMENT ENCROACHMENT LICENSE AGREEMENT
Commercial
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
Development Services Director, and Northwest Independent School District, a Texas
Independent School District ("Licensee"), owner of the real property located at 1800 SH
114, Fort Worth, Texas 76247 ("Property"), acting by and through its duly authorized
agent,Tim McClure.
RECITALS
WHEREAS, Licensee is the owner 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 Utility easement(the "Easement") in the Property as
shown on the map attached to this Agreement as "Exhibit A," which is incorporated
herein for all purposes; and
WHEREAS, Licensee desires to construct, place, and/or maintain certain
improvements which will encroach in, on, above, or below the City's Easement; 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
Licensee, hereby grants permission to Licensee to encroach in, on, above, or below and
occupy a portion of the City's Easement as described in and at the location shown on
Exhibit A, but only to the extent shown thereon, for the purpose of installing
approximately 10 LF of 1.5" private domestic water pipe, 10 LF of 1.25" private
Easement Encroachment Agreement-Commercial Page OFFICIAL RECORD
Revised CITY SECRETARY
FT.WORTH, TX
sanitary sewer pipe, and 10 LF of 10" private storm pipe (the "Encroachment").
Upon completion of the Encroachment, Licensee agrees to be responsible for maintaining
the Encroachment within the Easement. Licensee shall not expand or otherwise cause the
Encroachment to further infringe in or on City's Easement beyond what is specifically
described in the exhibit(s)attached hereto.
2.
All construction, maintenance, or operation in connection with such
Encroachment, use, and 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. Prior to the construction of the Encroachment, Licensee shall submit all
plans and specifications to the applicable Director or duly authorized representative.
Licensee shall not commence construction of the Encroachment unti I such approval shall
be indicated in writing by the applicable Director or authorized representative. 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, 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, Licensee shall pay to the 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, or their duly authorized
representative.
4.
Licensee 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 Licensee, to the extent not caused by the City, but the City will make
reasonable efforts to minimize such damage.
Easement Encroachment Agreement-Commercial Page 2 of 12
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5.
Upon termination of this Agreement, Licensee shall, at the option of and at no
expense to the City,remove the Encroachment and restore the Easement 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. It is understood and agreed to by Licensee that if this
Agreement terminates and Licensee fails to remove the Encroachment as directed and
restore the Easement, Licensee hereby gives the 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, Licensee
agrees to pay to City at the time this Agreement is requested an application fee of in the
sum of Five Hundred Dollars ($500.00).
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 Licensee's noncompliance with any of the terms of this Agreement. City
shall notify Licensee in writing of any noncompliance and if not cured within thirty (30)
days, 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 Licensee fails to commence and take such reasonable steps as
are necessary to remedy the noncompliance within thirty (30) days after written notice
specifying the same, or having so commenced, thereafter fails to proceed diligently and
with continuity to remedy same.
8.
It is further understood and agreed between the parties hereto that the Easement to
be used and encroached upon is 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 Texas 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 Easement to be used
for any other public purpose that does not preclude the use of the Encroachment on the
Property, including but not being limited to underground, surface, or overhead
communication, drainage, sanitary sewerage, transmission of natural gas or electricity, or
Easement Encroachment Agreement-Commercial Page 3 of 12
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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.
TO THE EXTENT ALLOWED BY TEXAS LAW AND WITHOUT WAIVING
ITS GOVERNMENTAL IMMUNITY, 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, 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,
TO THE EXTENT CAUSED BY LICENSEE'S OFFICERS, AGENTS,
SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS,
LICENSEES, OR ELECTED OFFICIALS. LICENSEE SHALL LIKEWISE
ASSUME ALL LIABILITY AND RESPONSIBILITY AND, TO THE EXTENT
ALLOWED BY TEXAS LAW AND WITHOUT WAIVING ITS
GOVERNMENTAL IMMUNITY, 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.
10.
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
$1,000,000
with the understanding and agreement by Licensee that such insurance amounts may be
revised upward at City's option and that Licensee shall so revise such amounts
immediately following notice to Licensee of such requirement. Such insurance policy
shall 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
"Exhibit B"and incorporated herein for all purposes. Licensee agrees to submit a similar
Easement Encroachment Agreement-Commercial Page 4 of 12
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Certificate of Insurance annually to the City on the anniversary date of the execution of
this Agreement.
Licensee agrees, binds, and obligates itself and 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 the Encroachment and the cleaning and
restoration of the Easement. All insurance coverage required herein shall include
coverage of all Licensee's contractors and subcontractors.
11.
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 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.
12.
Licensee agrees 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.
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.
14.
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.
15.
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 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
Easement Encroachment Agreement-Commercial Page 5 of 12
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have an interest. Licensee agrees that it will obtain all necessary permissions before
occupying such property.
16.
In any action brought by the City for the enforcement of the obligations of the
Licensee, the City shall be entitled to seek interest and reasonable attorneys' fees, in
accordance with Texas law.
17.
The parties agree that the duties and obligations contained in Section 5 shall
survive the termination of this Agreement.
18.
Licensee covenants and agrees that it will not assign all or any of its rights,
privileges, or duties under this Agreement without the written approval of the City, and
any attempted assignment without such written approval shall be void. In the event
Licensee conveys the Property, Licensee may assign all of its rights and obligations under
this Agreement to the new owner of the Property, and Licensee shall be deemed released
from its 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 Licensee or assignment to a secured lender by
Licensee 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 Licensee's rights and obligations hereunder. However, no
change of ownership due to foreclosure or assignment to any secured lender of Licensee
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.
Easement Encroachment Agreement-Commercial Page 6 of 12
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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.
City: Licensee:
CITY OF FORT WORTH Northwest Independent School District
By: DJ Ha (Jul 28,202012:18 CDT) B
DJ Harrell, Director Name: Judy Copp
Development Services Department Title: President, Board of Trustees
Date. Ju128,2020 Date:
p00
L,,°(°��°Rr
ATTEST: ��o o=A Approved As To Form and Legality
o*�d
0
d�a��'EXASoap
nnnaao�"
Maw Murray
att M u rray(J u 128,2020 09:33 CDT)
Mary Kayser, City Secretary FWBC Sec. 3210
City Secretary's Office Matthew A. Murray,Assistant City Attorney
City Secretary's Office
Contract Compliance Specialist:
By signing I acknowledge that I am the person
Responsible for the monitoring and administration
Of this co tract, including ensuring all performance
n orti requirements.
Laurie Lewis
Interim Development Manager
Easement Encroachment Agreement-Commercial Page OFFICIAL RECORD
Revised CITY SECRETARY
FT.WORTH, TX
' • 1 ' 1 1 ' 1 ' 1 1
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 D.J.Harrell, 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 28 day of
July 2020
- - - - - - - -
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LAU RI E Digitally signed by LAURIE J P X
PEQUENO LEWIS _:a�
PEQUENO LEWIS Date:2020.07.28 14:51:13-05'00'
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Notary Public in and for the State of Texas W Z Q E
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After recording return to:
Development Services Department
Development Coordination Office
200 Texas Street
Fort Worth, Texas 76102
Easement Encroachment Agreement-Commercial Page OFFICIAL RECORD
Revised 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 Judy Copp, President, Board of Trustees for
Northwest Independent School District, 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, as the act and deed of
Northwest Independent School District, a public school district (entity type), and in the
capacity therein stated.
GIVEN-UNDER—MY-HAND AND SEAL OF OTFICE thi-1-1-PA\- day of
20ZZ' �J
=o.AY JENNIFER CARLISLE
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My Notary ID#10669430
Xtary P lic in and for the = �. t�+= Expires August8,2021
State off
Easement Encroachment Agreement-Commercial Page OFFICIAL RECORD
Revised CITY SECRETARY
FT.WORTH, TX
EXHIBIT A
Map of Easement and Encroachment
Easement Encroachment Agreement-Commercial Page 10 of 12
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EXHIBIT B
Certificate of Insurance
Easement Encroachment Agreement-Commercial Page 11 of 12
Revised 4/2020
EXHIBIT C
Metes and Bounds or Location Description of the Property
Easement Encroachment Agreement-Commercial Page 12 of 12
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EXHIBIT"A"
"PUBLIC EASEMENT ENCROACHMENT"
Being 150 square feet of land situated in and being a portion of the remainder of Lot 1,
Block 1, Northwest I.S.D. Addition, an addition to the City of Fort Worth, Denton
County, Texas, as recorded in Cabinet U, Page 188, Plat Records of Denton County,
Texas(P.R.D.C.T.), and being a portion of a tract of land described in deed to Northwest
I.S.D., according to the deed filed in Instrument#95-0042861, Deed Records of Denton
County,Texas(D.R.D.C.T.),and being more particularly described by metes and bounds
as follows:
COMMENCING at a 3"TxDOT monument found in the northeast line of the remainder
of said Lot 1, also being in the southwest Right-of-Way (R-O-W) line of State Highway
114 (variable width), and also being in the southwest line of a tract of land described in
deed to the State of Texas, according to the deed filed in Instrument #2010-14163,
D.R.D.C.T., from which the northeast corner of the remainder of said Lot 1, also being
the southeast corner of said State of Texas, also being the southwest R-O-W line of said
State Highway 114, and also being in the west line of a tract of land described in deed to
the State of Texas, according to the deed filed in Instrument#2012-79998, D.R.D.C.T.,
bears S 66°57'39"E, a distance of 314.71 feet; and from which a 3" TxDOT monument
found in the northeast line of the remainder of said Lot 1, also being in the southwest
R-O-W line of State Highway 114,and also being in the southwest line of State of Texas
tract(Inst. #2010-14163,D.R.D.C.T.),bears along a curve to the right in a northwesterly
direction through a central angle of 05°18'41", an arc length of 542.26 feet, whose long
chord bears N 64°19'08" W, a distance of 542.07 feet;
THENCE S 45028'39" W, over and across said Lot 1, a distance of 607.51 feet to the
north line of a 10'Utility Easement,as recorded in said Cabinet U,Page 188,P.R.D.C.T.,
and being the POINT OF BEGINNING of the hereinafter described tract of land;
THENCE S 06057'40" W, continuing over and across said Lot 1, and over and across
said 10' Utility Easement, a distance of 10.00 feet to the south line of said 10' Utility
Easement;
THENCE N 83002'20" W, continuing over and across said Lot 1, along the south line
of said 10' Utility Easement, a distance of 15.00 feet;
Sheet 1 of 4
NWI 20168
THENCE N 06057'40" E, continuing over and across said Lot 1, and over and across
said 10' Utility Easement, a distance of 10.00 feet to the north line of said 10' Utility
Easement;
THENCE S 83002'20" E, continuing over and across said Lot 1, along the north line of
said 10' Utility Easement, a distance of 15.00 feet to the POINT OF BEGINNING and
containing 150 square feet or 0.003 of an acre of land.
....0 F lF
#a1July 15, 2020 p•,. are
Todd B. Turner, R.P.L.S. RF�''�.,�s
Texas Registration No. 4859 .............................
TODD B. TURNER
..Y...... .. .......y..
Surveyed on the ground June 9, 2020 �.q •4859� P
�••.�p�ESS�O p�
1. Bearings of lines shown hereon refer to Grid North of the Texas Coordinate System of 1983
(North Central Zone; NAD83 (2011) Epoch 2010) as derived locally from Western Data Systems
Continuously Operating Reference Stations (CORS) via Real Time Kinematic (RTK) methods.
An average Combination Factor of 1.000150630 was used to scale grid coordinates and
distances to surface.
2. Integral parts of this survey:
a. Legal Description
b. Sketch
Sheet 2 of 4
NWI 20168
......� I** NOTES:
1) Bearings of lines shown hereon refer to Grid North of the Texas
Coordinate System of 1983 (North Central Zone; NAD83 (2011)
A CJ Epoch 2010) as derived locally from Western Data Systems
Continuously Operating Reference Stations (CORS) via Real Time
1 Kinematic (RTK) methods. An average Combination Factor of
1.000150630 was used to scale grid coordinates and distances to
surface.
iLl/ J
N2)Integral parts of this survey: �T
I a.Legal Description K
b.Sketch
\ NORTHWEST INDEPENDENT
\ SCHOOL DIST.
\ VOL. 352, PG. 518
\ D.R.D.C.T. I
SCALE: 1„=500,
�,; LOT 1—RI, \\ I II 9
o p BLK. 1
2 NORTHWEST I�-� ACCESS ESM'T �y
vvia I.S.D. ADD'N. \\\ IRST.1200 7-1 9 71
2rn CAB.893 SLIDE \\\ J q�'' D.R.D.C.T. yio//jj+`�!
oh P.R.D.C.T. t' �q 1v0 �
2 NORTHWEST INDEPENDENT 0-1
W I SCHOOL DIST. jf \
2 I I INST. 195-0042861 g
D� D.R.D.C.T.
20'WATER ESMT 150 S.F.
\ \� j JUST.T2oos-Izz7Os ENCROACHMENT DETAIL `
NORTHWEST INDEPENDENT 200
SCHOOL DIST. (SHEET 3 OF 3)
2 I VOL. 352, PG. 518 1/ If -L \
D.R.D.C.T.
I I W, UU,Pc'I II ��_�/ Flo'uE. 1
W U \\ P.R.O.CTo"T. I CAD,U,PG. i II JEARNIE SHELTON
Q p \ L P.R.D.CT. I VOL. 4467.PG. 1559
Ir I D.R.00.T. I LOT 1, BLK. 1,
O \ II 0'U.E. II (RE"AVER) TUS SELF STORAGE
o \ lcAs,U,Pc. lee I INST. 12019-13 I Wluxu SCOTT
.R.O.C.T. I WILSON d✓ER
_ II P.R.D.C.T.
LEE mNST. JR.
O I _ VOL ,782 91NT SC/{gpL 1
D.R.D.C.T.4
m
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s 2007-1971 I I
D.R.O.C.T.
REMAINDER I I I
OF LOT 1, BLK. 1 I Q
NORTHWEST I.S.D. ADDITION
NORTHWEST INDEPENDENT I CAB, U, PG. 188,
SCHOOL DIST. I P.R.D.C.T.
VOL. 4894, PG. 5493
D.R.O.C.T.
NORTHWESTINDEPENDENT II
SCHOOL DIST.
VOL. 1607, PG. 797
D.R.D.C.T.
I II
NORTHWEST INDEPENDENT
SCHOOL DIST.
VOL. 1047, PG. 995
D.R.D.C.T.
li
I III
I II
II
GTPYOFFORT WORTH-APPROX
DEMN COUNTY NORTHWEST INDEPENDENT SCHOOL OIST. 1T7'YOFFORT WORTH-APPROX I I
VOL. 1047, PG. 995 D.R.D.C.T.LOT 2, BLK. A DENTIN COUNTY h I 1
NORTHLINK LOGISTICS CENTER I 1
NORTHWEST INDEPENDENT SCHOOL DIST. I
INST. 12019-457, P.R.D.C.T. INST. 12018-109099
D.R.D.C.T. $y TEXAN DR.
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TODD B. TURNER, R.P.L.S. .................. ...
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TODD B. TURNER••• EXHIBIT r1Brr /
TEXAS REGISTRATION NO. 4859 ••,r•••••••••••••••••••••••
4859 �P PUBLIC EASEMENT
Date: July 15, 2020 °FeS s%° O�
Surveyed on the •SURv-y ENCROACHMENT
ground June 9, 2020
teague nail & perkins Situated in and being a portion of the remainder of Lot 1,Block 1,Northwest
tn 5237 N.Riverside Drive,Suits 100 I.S.D.Addition,an addition to the City of Fort Worth,Denton County,Texas,
Fort Worth,Texas 76137 as recorded in Cabinet U,Page 188,Plat Records of Denton County,Texas.
817.336.5773 ph 817.332.7756 fx
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