HomeMy WebLinkAboutContract 41062-CA2Date Received: �un 3, zoz�
Time Received: 3:53 pm
City Secretary
Number: 41062-CA2
SECOND ASSIGNMENT AND CONSENT OF ENCROACHMENT AGREEMENT
City Secretary Contract No. 41062
THIS SECOND ASSIGNMENT OF ENCROACHMENT AGREEMENT
("Assi�nment") is made and entered into as of this �� day of Apr�� , 20�� , by and
between the CITY OF FORT WORTH, a Texas home-rule municipal corporation ("Citv"), Kent
L. Mitchell and Grace E. Mitchell, ("Assi�nor"), and Timothy M. Mulvaney and Ashley A.
Hedrick, ("Assi�nee"). Sometimes herein City, Assignor, or Assignee may also be referred to
individually as a"Party" or collectively as the "Parties."
WITNESSETH:
WHEREAS, the City entered into an Encroachment Agreement, City Secretary Contract
No. 41062 (the "Encroachment Agreement"), on the 27th day of October, 2010, with Assignor, the
owner of certain real property more particularly described in the attached Legal Description (the
"Property") located adjacent to or near the City's right-of-way on which the encroachments are
located. The encroachments are more particularly described in the Encroachment Agreement,
attached hereto as "Exhibit A" and incorporated herein by reference for all purposes, and are
referenced therein and herein as the "Improvements";
WHEREAS, the Encroachment Agreement was recorded the l lth day of November, 2010,
as Instrument No. D210287692 in the Real Property Records of Tarrant County, Texas;
WHEREAS, the City entered into an Encroachment Agreement, City Secretary Contract
No. 41062-A1 (the "Encroachment A�reement"), on the 27th day of October, 2010, with
Assignor, the owner of certain real property more particularly described in the attached Legal
Description (the "Property") located adjacent to or near the City's right-of-way on which the
encroachments are located. The encroachments are more particularly described in the
Encroachment Agreement, attached hereto as "Exhibit A" and incorporated herein by reference
for all purposes, and are referenced therein and herein as the "Improvements";
WHEREAS, the Encroachment Agreement was recorded the l lth day of November, 2010,
as Instrument No. D210287693 in the Real Property Records of Tarrant County, Texas;
WHEREAS, Assignor desires to assign the Encroachment Agreement to Assignee.
AGREEMENT:
NOW, THEREFORE, for and in consideration of the above and foregoing premises and
the mutual covenants, terms, and conditions herein contained, and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby
agree as follows:
Encroachment Assignment Agreement
OFFICIAL RECORD
CITY SECRETARY
FT. VNORTH, TX
1. Assignor hereby assigns, transfers, and conveys all rights and interests and
delegates it duties and obligations under the Encroachment Agreement to Assignee.
2. Assignee hereby accepts the Assignment granted herein, and assumes all of
Assignor's rights, duties, and obligations arising under the Encroachment Agreement.
3. Assignor has full right, power, and authority to enter into this Assignment, to make
the representations set forth herein, and to carry out Assignor's obligations hereunder. Assignee
has the full right, power, and authority to enter into this Assignment, to make the representations
set forth herein, and to carry out Assignee's obligations hereunder.
4. The effective date of this Assignment shall be the date of its execution by the City
(the "Effective Date"). All rights, duties, and obligations under the Encroachment Agreement
arising, accruing, or relating to the period before the Effective Date are allocated to Assignor, and
all rights, duties, and obligations arising, accruing, or relating to the period thereafter shall be
allocated to Assignee.
5. Except as otherwise expressly set forth in this Assignment, Assignor will be
discharged from any and all further obligations under the Encroachment Agreement as of the
Effective Date.
6. Assignor represents, warrants, and covenants with City and Assignee that as of the
Effective Date, Assignor is not in default of any of its obligations contained in the Encroachment
Agreement.
7. City hereby consents to this Assignment upon the terms and conditions set forth
herein. Unless and until City has eXecuted this Assignment, it is of no effect. The consent granted
herein should not be construed as consent to any further assignments. The failure or delay of City
in seeking to enforce any provision of the Encroachment Agreement or this Assignment shall not
be deemed a waiver of rights or remedies that City may have or a waiver of any subsequent breach
of the terms and provisions therein or herein contained.
8. Any notice given by any Party to another Party must be in writing and shall be
effective upon receipt when (i) sent by U.S. mail with proper postage, certified mail return receipt
requested, or by a nationally recognized overnight delivery service, and (ii) addressed to the other
Party at the address set out below or at such other address as the receiving Party designates by
proper notice to the sending Party.
Citv
Development Services Department
200 TeXas Street
Fort Worth TX 76102
Attention: Director
Assignor
Encroachment Assignment Agreement Page 2 of 9
Rev 04/2020
Kent L. Mitchell and Grace E. Mitchell
2315 Mistletoe Blvd
Fort Worth, TX 76110
Assi _�
Timothy M. Mulvaney and Ashley A. Hedrick
2315 Mistletoe Blvd
Fort Worth, TX 76110
9. Except as herein otherwise provided, this Assignment will be binding upon and
inure to the benefit of the Parties and their respective successors and assigns.
10. Assignee shall cause this Assignment to be filed of record at Assignee's expense in
the Real Property Records for Tarrant County, Texas.
1 L The Certificate of Insurance for the Assignor attached as EXhibit "B" to the
Encroachment Agreement is hereby deleted and replaced with the attached Certificate of Insurance
from the Assignee as "Exhibit B, Revised."
12. All terms and conditions of the Encroachment Agreement not amended herein
remain unaffected and in full force and effect, are binding on the Parties, and are hereby ratified
by the Parties. Capitalized terms not defined herein shall have meanings assigned to them in the
Encroachment Agreement.
13. This Assignment may be executed in multiple counterparts, each of which shall be
deemed an original, and all of which, when taken together, shall constitute one and the same
document which may be evidenced by one counterpart.
[SIGNATURES APPEAR ON FOLLOWING PAGES]
Encroachment Assignment Agreement Page 3 of 9
Rev 04/2020
APPROVED AS TO FORM AND
LEGALITY:
FWBC Sec. 3210
Matthew A. Murray, Assistant City Attorney
City Attorney's Office
D ate: 4-22-2021---------------
ATTEST:
fnw_? �
Mary K ayser, City Secretary
City Secretary's Office
[No M&C Require d]
CITY OF FORT WORTH
DJ Ha�202112:34 CDT)
DJ H arrell, Director
Development Services Department
Date: 4-22-2021-------------
Contract Compliance Specialist: By signing I acknowledge that I am the person
responsible for the monitoring and administr atio n
of this contract, including ensuring all performance
������������and reporting requirements.
STATE OF TEXAS §
§ COUNTY OF TARRANT §
J anie S. Morales
Development Mana ger
This instrument was acknowledged before me on April 22 , 20� by DJ Harrell,
Interim Director, as the Director of the Development Services Department of the City of Fort Worth, a
Texas municipal corporation on behalf of the City of Fort Worth.
JENNIFER L. EZERNACK Notary Public ST ATE OF TEXAS Notary I.D. 130561630 My Comm. Exp. Mar. 1, 2024
EncroachmentAssignmentAgreement
Jennifer L
Ezernack
Digitally signed by Jennifer L
Ezernack
Date: 2021.04.22 13:26:26 -05'00'
Notary Public, State of Texas
Page6of8
Rev04/2020
ASSIGNOR:
Kent L. Mitchell and Grace E. Mitchell
B�� N �itkii\
By�
Na �
STATE OF TEXAS §
§ COUNTY OF TARRANT §
This instrument was acknow ledged before me by Kent L. Mitcheli known to me to be the pe rson
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 Kent L. Mitchell and in
the capacity therein stated.
GI� UNDER MY HAND
Yl\ 2 I
� VICTORIA LYNN LEE
0 Notary Public, State of Texas •Comm. Expires 04-26-2024
Notary ID 12648505·2
ST ATE OF TEXAS §
§ COUNTY OF TARRANT §
day of
Notary Public, State of Texas
This instrument was acknowledged before me by Grace E. Mitc hell. 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 Grace E. Mitchell, and in
the capacity therein stated.
GI� UNDER MY HAND l\pn\ . 2021.mH VICTORIA LYNN LEE
Notary Public. State of Texas
• Comm. Expires 04-26-2024
�� Notary 10 1264850S-2
FncroachmentAssignmentAgreement
OJ
Notary Public, State of Texas
day of
Page4 of8
Rev 04/2020
ASSIGNEE:
Timothy M. Mulvaney
By: �'---�-
Name: Timothy M. Mulvaney _../
STATE OF TEXAS §
COUNTY OF \ t\Wtl(\y �
This instrument was acknowledged before me by Timothy M. Mulvaney, known to me to be the
person whose name is subscribed to the foregoing instrument, and acknow )edged to me that he/she executed
the same for the purposes and consideration therein expressed, as the act and deed of Timothy M. Mulvaney,
and in the capacity therein stated.
A:?i'VEN UNDER MY HAND�n \ , 2021.
VICTORIA LYNN LEE
• Notary Public, State of Texas
Comm. Expires 04-26-2024
Of Notary ID 12648505-2
fncroachmentAssignmentAgreement
Notary Public, State of Texas
day of
Page5 of8
Rev04/2020
ST ATE OF TEXAS COUNTY� ffi1Af §
§
§ This instrument was acknowledged before me by Ashley A Hedrick, known to me to be the personwhose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed thesame for the purposes and consideration therein expressed, as the act and deed of Timothy M. Mulvaneyand Ashley A Hedrick, and in the capacity therein stated.GIVEN UNDER MY HAND AND Apt1i ,.2021.
o VICTORIA LYNN LEE
f Notary Publlc, State of Texas
I Y.; Comm. Expires 04-26-2024
' /t � Notary 1012648SOS-2 l.
FncroachmentAssignmentAgreement
SEAL� OFr:E th� j� (__;><{�_L day ofNotary Public, State of Texas Page6of9 Rev 04/2020
EXHIB IT A
ORIGINAL AGREEMENT WITH ATTACHED EXHIBITS
EncroachmentAssignmentAgreement Page 7 of8
Rev 04/2020
Page 1 af 1 D
cmr sECR��r
CDN7RACT M�.
EN�R�ACHMENT AGREEMEIVT
STATE DF TEXAS
C�[�NTY �F TARRANT
THIS AGREEMENT is made and entered intn by and between fhe City af Fart
Worth, a municipal c�rporation of Tarra�t County, Texas, a�tin�; herein hy and thraiigh
its duly authorized Planning and I]e�etopment Depatt�sent Dire�tar, hereanafter re�erred
ta as th� "City", and Jack L. Da�is and Linda A. Da�is, hereinafter referred #o as
"Licensee", �wr3er af the property �ocated at 23I5 Mistlet�e Boule�ard, Fort WoRh,
Texas 7fi 11 D ("Property"}.
WITNESSETH:
1.
For and in consideration of the payment �y Licensee of the fee set out i�elow and
the tr�e and faithful perfarmance Qf the mutual cp�eztants herein cantaii�ed, City hereby
gra�ts to L�censee permission to construcV instaIl andlor aiIow to remain,
Impravement�s) ("Impro�einents") that cncr�ach upan, uses andlor occupies portions of
fhe space under, an andlor abo�e the 1�.5-fo�t alieyway {fhe "Alleyway''} ru�ning east-
west through the middle af the ProperEy and the 24-fnot sanitary sewer easement {the
"Sanitary 5ewer Easernent"} running nvrih-south t]u�ough the western pattion af tne
Property. Such Inipro�enaent(s) are described as folt¢ws: garage with upstairs apartment
and driueway lacafed Qver the At�eyway {the "Garage") and garte cochere with upstairs
residential li�ing quarters ar3d driveway ]ocated o�er the Sanitary Sewer Easerr�ent (fhe
"Porte Cvchere"}.
The location and description af said Impro�emer�ts and il�e encraachments is
more particularly described in Exhibit "A", atta�hed heretn, in�orporated herein and
made a part hcreof for ali purpnses.
2.
Al] canstru�tian, nr�aintenance, and operation af st��h Impra�ernents undertaken
by the Licensee in the areas of encroachment as described in Exi�ibit A that requires a
buifding pert-€iit ❑r other such appra�als from t�te City of Fort Wort�a shall be performed
in s#rict complia.stce with ti�is Agreement ar3d the Charter, Ordinances and Cndes af the
City and in a�cardance with the directiuns, if any, af the Directors of the Transportatian
and Pubiic Works and Water Depa�tments af the City, or hislher du3y authori�ed
representative.
Encroa�hment Agreement pag� �
, i-:]:-1.. ,.. _ f
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3.
There shafl be no encroachments in, �nder, on or abo�e the surface area of the
A�leyway Qr Sar�itary Sewer Easeme�it, except as allowed herein ar shown an the
hereinaba�e referred io Exliibit "A". The Impr��em�nts shawn nn Fxhibit "A" that are
on conflict with fhe Sanitary Sewer Easement or Alleyway shaZl he maintained, re-�auilt,
vr repaired at the sale discretion af the Licensee and in a��ardance with this A�reerize�it.
4.
If the I�icensee undertakes tp perfvrm additional construction, xnainfenance or
repair within tlze Aileyway or Sanitary Sewer Easement ihat requires the installatian,
reinstallation, relacation, ar repair of aiiy public utility {�as, electricity, ae telephane
ser�ice), such casts shall be born by Licensee and nat by the City.
��
City may enter and otilize the xeferenced areas at any time for the purpase of
instaIlang ar maintaining improvements necessary for the health, safety and welfare of the
public or For any other public pi►rpose. In this regard, License� understands and agrees
that City shal! bear nv responsibility or lia6ility for damage ❑r disruption af the
Iinpravetnents instaEled by Licensee or its su��essors, h�t City wi]1 make all reasonable
efforts to minimize such damage and take all reasonable steps Ea a��id disrup#ian of the
Impra�err�ents. City shalt erect barriers, as needed, to prvte�t the Impro�ements from
damage.
�
In arder to defray all costs of insgection and suger�ision which the City has
incurred ar will irtcur as a result af the construction, rnaintenance, inspection ar
management of the encroachrr►er�ts and uses pro�ided for by this A�reement, Li�ensee
agrees to pay to City at the time this Agreernent is executed a fee in the sum 4f $275.�0.
7.
T11e term nf tY�is Agreement shali be for thirty (3�) years, comrnencing on the date
this Agreement is executed by the City af Fort Vdorth. This Agreen�enf tnay be extended
for a further period }�y the agreement of the parties ar their sa�ccessars and assigns.
$.
I# is fi.�rtt�er understoQd and agreed upon hetween the parties hereto that 1he
Alieyway (and not the Sanitary Sewer Easexxient}, ta be used and encroached upon as
described herein, is held by City as trustee for the puhlic; t�at City exercises su�h pawers
o�er the pu��ic right-af way as ha�e �een delegated to it by fhe Constitutian of the State
oi Texas or by the �.egislature; and that Gity cannot �on#ract away its duty and its
Encroachment Agreement Page Z
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Page 3 of 1 d
legisla#i�e power #v control the public right-of-way for the use and benefit ❑f the pub�ic.
It is accardingly a�reed that if the governing body of City rnay at any time durin� the
terna hereof d�termine in its sole discretion to use or cause ❑r pern�it the Alley�way (and
not the Sanitary Sewer Easement} to be us�d for any otk�er pub�ic purpose not currently in
use, whet�er �resentiy contetnplafed or not, tliat this Agreement shall terminate after �i0
days natice as to the AIleyway only, but anly if the remo�a] of the Garage is a necessary
requirement for the instaIlation af ihe new puhlic use. E�en if tliis A�reement terniinates
as tfl the Alleyway, fhe A�reement will sur�i�e as it reiates to the Sanitary Sewer
Easement. The 6t]-day nntice shall be pro�ided �ia certified mail, returr� receipt
requested, to the Property address.
r'�
Licensee understands and a�rees that the �ranting of any en�raaGhment hereunder
is not meant ta can�ey to Licensee any ri�lit ta use or ❑ccupy property in which a third
party znay ha�e an interest, and Licensee agrees that it will abtain afl necessary
permission bef[�re oc�upying such praperty.
10.
Licensee agrees to pay �romptly when due all property taxes pro�ic�ed for by any
federal, state or local statute, law �r regulatian.
11.
Licer�see co�enants and agrees that it is not a�ting as an afiicer, agent, servant or
emplvyee of City, and Licensee shall �ave exclusive control af and the exc�usi�e right to
contral the details a� its o�erations within the Alleyway and Sanitary Sewer Easement,
and ai� persQns per£orming same, and shall be solefy responsif�le for the a�ts and
omissions af its agents, ser�an#s, employees, confractors, su�contractors, iices�sees arfd
in�itees. "The doctrine of respan�eat superior shall r�nt apply as between City and
Licensee, its offcers, agents, servants, employees, contractors and subcon#ra.ctprs, and
nothing herein shall be construed as creating a partnership or joint enterprise between
Ciiy and Li�ensee.
i2.
LICENSEE CQVENANTS AND AGREES T� I1�DEMN�FY, AIV�] DOES
HEREBY INDEMNIFY, HCILU HARMLESS AND DEFEND CITY, ITS
UFFICERS, AGEIVTS, SERVANTS A]VU EMPLUYEES, FR�M AND AGAIIYST
ANY AND ALL CLAiMS ❑R SL7ITS FOR PR�PERTY DAMAGE OR LQSS
ANDIDR PEItS�NAL INJ[IRY, INCLUDING ❑EATH, ARISI1�iG QUT �F dR IN
CiDNNECTI�N WiTH THE C�NSTR�ICT�ON, MAII�TENANGE,
UCCUPANCY, �R USE OF SAID IMPR�VEMENT BY LICENSEE, lTS
AGE�ITS, SERVANTS, EMPLQYEES, CONTRACTQRS, S[]BCQNTRACTURS,
LICENSEES, �R II�VITEES. LICENSEE SHALL LIKEWISE ASStiME ALL
Encroachment Agreement Pa;e 3
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Page 4 af 10
LIABILITY AND RESP�NSIBILiTY AND SHALL INOEMNIFY CITY FUR
AI�Y AND ALL XN,IURY QR llAMAGE T� CITY PRDPERTY WITkIIN THE
SANITARY SEWER EASEMENT �R ALLEYWA'Y ARISING DI7T OF �R IN
C�NNECTIDN WITH A1vY AND ALL ACTS QR DMISSIONS UF LICENSEE,
�TS ACEIVTS, SERVANTS, �MPLQYEES, C�IVTRACTURS,
SUBCONTRACTQRS, LICENSEES, �R INVITEES.
I3.
W�i�e Ehis A�reement is in effe�t, Licensee agrees ta furnish Gity wiih a
h�rrseowner's poIicy deciaration page, as proof �hat it has secured and paic� for a
homeowner's palicy related ta the propos�d use and accupan�y of public praperty as
located and described in Exhibit "A". The amou�its of suGh insurance shall be not 3ess
tnan the f�llowin�:
��ao,voa.00
A capy of such decIaration page is atCa�hed as atta�hed as Ex�ibit `-S". Li�ensee a�ees
to submit a similar declaratian page annuaily ta City ❑n the anni�ersary date of the
executian of this A�reemr,nt.
Licensee agrees, binds and abligates itself, its su��essors and assigns, to main#ain
ar�d keep in foz'ce such hom�nwner's insurance at aIl times during the terrn of this
Agreement and until the remo�al of aIJ encmachments and the cleanin� anc� restaration af
the city streets or alleyways.
14.
Li�ensee agrees to deposit with t��e C�ty when this Agreement is executed the
ama�nt of $34.OD ta lae used to pay ne�essary fees to record this Encroachrnent
Agreen�ent in its �ntirety in the deed recQrds af Tarrant County, Texas. After being
recorded, the ori�ir�ai shall be returned to the City Secretary of the City of �'ort Wortt�,
Texas.
15.
Licensee ca�enants and a�rees that it will not assign al[ or any of its rights,
gri�ileges ❑r duties under this contract without the prior writien approval af the City
Manager ar desi�nee. Any attempted assignment without priar written appra�al witl �e
�aid.
1 �.
This Agreeme�zt sl�ali be binding upon the parties hereta, their su�cessors and
assigns,
En�roa�hment Agreement
Page 4
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Page 5 of 1�
E3CECUTED this D� 7 day of ��t— ,?��.
C i#y
City n� Fort Worth
By: '
Rand arwu ,
Director
Planning and De�elopment
ATTEST:
c ity s
STATE QF TEXAS
cou�vT� o� TAx�,
�
i�A��
°A r ����
Op I�
od�j�
a�
°r 0
§°
0
qtl�r
Licensee
Linda A. Uavis and Ja�k L. Davis
� �BY= �
Name: �.inda A. Da�is
: �i:� ,, � � � � �....��
. r: - . .�� �
Agpro�ved As To Form And Legality
� �
As�istaiit City Aitorr��y
N� A+Pc�fs tcL[?�?XIi�D
BEF�RE ME, tl�e undersigned authority, a Natary Pubiic in and far tl�e State vf Texas, an
this day personally appeared Randall Harwvad, known ta me to be the �erson whose
� T� �ame hsci�ibed to tlie foregoing instrument, and acknow�edged to me that helshe
� �.x��.�ie same for the gurpases and consideratian therein expressed, as the act and
I �
deed of the City of Fart Warth, and in the capacity therein stated.
GTVEN UNDER MY HANI3 AIVD SEAL QF OFFICE this day oF
.2� .
Notary Public ir� aztd fur the
State of Texas
En�roachmes�t Agreement
Pa�e 5
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Page fi af 1 D
STATE ��' TEXAS
C�UNTY DF TARAANT
L'EFQRE ME, t�ie undersi�r�ed autnarity, a Notary Publi� in and for the 5tate of Texas,
on this day perso�ally appeared I,inda A. Da�is, known to me to be the person wiiose
name is subscribed to the foregoing instrumenE, and a�knawled�ed to me that helshe
executed the same for the purpases and �onsideratian therein expressed, as tne act and
deed of Linda A. Da�is, ancf in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL QF QFFICE this �� day of
�i"�`.�=-�- , 24 � a
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�x U.�.��.� u: .. �...�
� __... �..�u..,.::.:�uy.:�4��a��.
' Naiar Puhlic in and for �'. \ �r�!<. �,,.,. �,..�•'�.�::ti
State of Texas � f��`"`;' ""jxl sa,.:r;` ;, `';;'';sW �:
�' 1..�.�, t���.�f ����:;F: r�r , ,; �
} : ,",:�.•� �
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7,..,,- ., .x..:,.. .". ._.:._,` ���`�'"::'` �
STATE p�' TEXAS
C4CTNTY �F TARRANT
BEFDRE ME, the undersigned at�thority, a Notary Puhii� zn and for the State of Texas,
on this day persanally appeared ]ack L. I7av'ss, Icnawn tc� me to be the persan whose name
is subscribed to the Foregaing instruxnent, and a�k:now]edged to m� that helshe executed
the same for tI�e purposes and consideration therein expressed, as tne act and deed af
]a�k L. �avis, and i� tlae capacity therein stated.
GIVEN ll1VDER MY HAND AND SEAL 0�' OFFICE this _� ] day of
��,-- , ZO�.
��_,.... _ ...........0 . ...� . �. .:,..,�:a.��.
. � • �-,�-� �
a ���''- -,� �; , ��;� r : ;�. s :- �
Notary Public in and for the ��, t� �',� T r": '`=� � �
:7 E i: i� 1 �- r
State of Texas � �`� � � ,. .. �'a
���--}- " x,��'',.r' , :;`.�.�' ::�{: �.".: �5� r £
. . ... .. . .. . . .. .
Encrpachtnent Agreement
Page 6
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Page 7 a# 10
EK�fIBIT "A"
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*TRC* TARRANT DOC: 000287692 Date: 11/19/2010 Vol: 0000000 Page: 00000 Page: 7 Of 10
Page 8 nf 1 �
Hame Office
�lorthbrook . IL
Insured :JACK �AVIS
A�dress :2315 MIS��E�nE BLVD
c; ty : ���r w���r�
H�me Phone No.:817 - ��4 - 91�3
RD� �7�RTGAGEEI�NIRn PARTY
L�55 Payahle Clause
St.: �lf 2ip Code: 7b114
Name : CIiY �F FD�� WflRTH
Address ; 1�d4 THR�CI(MO�T�t� S�
Gity : F�RT W�RTl� St.: �fx Z�p Cade: 7�14Z
Cl-�ANGE MORTGAGEEI�HIR� PAR1Y
Secon� Martgagee
Name : BANK OF TEXAS
Address: P Q BOX 2b9�8 �irect�ry Cade: 00�422
C�Cy :�KLAH�MA CITY St.: OK 2ip Code: 73��6
Cor�ditians respect�ng S�nder - 5�ch insurance as may he bQund by this service
request:
1. �s affard�d i r� rel i ance hy the Company or� the stateEnents made by �.he
Ir�sured:
�. 5ha1T b� effect�ve on the date, and at the tirne stated, but in na e�er�#.
sooner than such date ar�d time;
3. is subje�t to the terms, exclusians and cor�ditians of �.he Company's
pol7cy for�m, and af the forms and endorse�nents approved for use w-ith
such Qoli�y,
4. is limited t� a periQd af thirty �3a) days, heginr�ing with the effect�ve
date hereaf and expire� at1��01 R.M. Standard T�me with r�spect io the
des�gnaied pr�perty insurance pol�cy or� the �ast day of such limited
period; pr�vided, hawever, that the Company may s�or�er termir�ate such
�nsurance hy mailing tn the Ir�sured, at the address stated, written
natice of rejection of th�s S�rvlce Request.
Page 1 of Nlare
G52•3
Exxz$z� „B"
AL�.S�AiE TEXAS LLOYp'S
TE](AS
HQMEDI�NERS
�A�Istat�.
You're in gpad h�nds-
�LA55I�
Calendar Oate:1�1461�410
Palicy Humber: 2i5963766 lI 1�5
s�rs�
�
*TxC* TARRANT Doc: 000287692 Date: 11/19/2010 vol: 0000000 Page: 00000 Page: 8 Of 10
Page 9 af 10
.
Home �fflce
Nort�6raQk, IL
�� �I Ilstate s
Yau ie in gaod hands.
A�L5TATE �ExAS �LLDYp'S C�ASSIC
TEXA5
W�0l�E�WNf RS
Calendar Date;lUl�612�1�
�ol��y Numher: �1�953766 �1 1 25
This request is S�bje�t to palicy terms and is effectZve on�y if the paiicy
noted above is c�rrent]y }n farce.
0 0� er� na u�^
ti A�'�i+r�
ger� s ignaturQ
�
SAR417-�
csz-3
Ef�ectiv�IZ :�1 AM 10 1 07 1 2�1�
o�aa4� ��6 $i� 3�o-aa�s
Age�7t # Locat i an Agent' s Phvr�e �
Page 2 of �Q�
*TRC* TARRANT DOC: 000287692 Date: 11/19/2010 Vol: 0000000 Page: 00000 Page: 9 Of 10
Page 1 D af 1 fl
5llZANNE HENDERSDN
couN-n� c�ER�
ClTY �F F�RT WaRTH
14Qd THRDCKM�RTQN
FT W4RTH, T5C 7fi 1�2
�..y
:'t+� ['[JL']yy.��.
� � isS
t�
'sY ��} a'�
.x ►r �
. *.
5ubmitter: CITIf OF �ORT
INORTHfOEVELDPME[�T &
RLAAIIV I A1G
10� West Weatherford FaR Worth, �7C 75196-�4Q1
PHon�� (s1�� ssa-�Y��
�vo nrorflEsrRor
WARN�NG - TH151S PARi nF THE �FFIC�AL REG�RD.
Filed Far R�gistration
Instrument #:
1111912�1Q 11:05
AM
❑2'i4287692
A 10
l� �� �
0�10287692
PGS $48. �0
ANY PRflViSIaN WHICH RESTRlCTS THE SALE, REt3TAL �R U5E OF THE DESCRiBEa REAL PR�PERTY
BECAUSE OF COL�R OR F2ACE IS INVALID ANQ IJNEN�aRCEABLE UN�ER FEQERAL LAW.
Prepared by: VMMASSINGILL
*TRC* TARRANT DOC: 000287692 Date: 11/19/2010 Vol: 0000000 Page: 00000 Page: 10 Of 10
Page 1 of 2
CITY SECRETARY
C�NTRACT NO. �Ibt� .(�1
ASSIGNMENT AGREEMENT
STATE OF TEXAS
COUNTY OF TARR.ANT
�
�
THIS AGREEMENT is made and entered into by and between Jack L. Davis and
Linda A. Davis, hereinafter referred to as "Assignor" and Kent L. Mitchell and Grace E.
Mitchell, hereinafter referred to as "Assignee."
WITNESSETH:
For and in consideration of the sale of the property at 2315 Mistletoe Boulevard,
Fort Worth, Texas 76110, the Assignor hereby assigns all its rights, title, interest, and
responsibilities under the Encroachment Agreement between Assignor and the City of
Fort Worth to the Assignee, subject to the approval of the City Managers or his designee,
pursuant to paragraph 15 of the Encroachment Agreement. This Assignment Agreement
will serve to release Assignor from any rights or responsibilities under the Encroachment
Agreement, all such rights and responsibilities now belonging to the Assignee.
EXECUTED this � day of ����'t��-
Assignor
Linda A. Davis and Jack L. Davis
n
L%%�� ���i��� �
By: �_
Name: Linda A. Davis
By: � < �C'c�e(D
Name: J ck L. Davis
20�.
Assignee
Kent L. Mitchell and Grace E. Mitchell
Ey:
Name: Kent L. Mitchell
By:
Name: race E. Mitchell
• r�
: •- . �, ;�=
� ► _ -
` e City o�ort Wortl�� ASSIS7A�V�i �iiY A
�i Ye(,�t� ��l.t,inYU, C� � ���^-}
Attested by:
NEab h��� .�� ��
Assign �' "j���
��� . .. x..� �
�y ���u�, ��� s���y
a�
0
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�
*TRC* TARRANT Doc: 000287693 Date: 11/19/2010 Vol: 0000000 Page: 00000 Page: 1 Of 2
Page 2 of 2
SUZANNE HENDERSON
.;�`��"��.*
F *� i
� � *
. fl� t �A .. .
COUNTY CLERK ,��, ' ��
� �y � �
, �. :� 100 West Weatherford Fort Worth, TX 76196-0401
•. � ' � �.
,`k, � � .f,,. "
PHONE (817) 884-1195
CITY OF FORT WORTH
1000 THROCKMORTON
FT WORTH, TX 769 02
Submitter: CITY OF FORT
WORTH/DEVELOPMENT &
PLANNING
DO NOT DESTROY
WARN/NG - TH/S /S PART OF THE OFFIC/AL RECORD.
Filed For Registration: 11/19/2010 11:05
AM
Instrument #: D210287693
U 2 PGS $16.00
By: ��c.� --,�......�,��' ���.�..�...�,,,�
c'/
D210287693
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: VMMASSINGILL
*TRC* TARRANT Doc: 000287693 Date: 11/19/2010 Vol: 0000000 Page: 00000 Page: 2 Of 2
EXHIBIT B, REVISED
CERTIFICATE OF INSURANCE
EncroachmentAssignmentAgreement Page 8 of8
Rev 04/2020
State Farm Lloyds
Applicant Name: MULVANEY, TIMOTHY
Binder Effective Date: 04-06-2021
TX Homeowners
Application / Binder-Receipt 43-GB-U777-2
NEW BUSINESS
APPLICANT: MULVANEY, TIMOTHY CO-APPLICANT: HEDRICK, ASHLEY
MAILING ADDRESS: 2201 PARK PLACE AVE PROPERTY LOCATION: 2315 MISTLETOE BLVD
FORT WORTH, TX 76110-1235 FORT WORTH, TX 76110-1133
BILLING:
Put application on SFPP: Yes
COVERAGES / PREMIUM SECTION:
Type: HOMEOWNERS
Policy Coverage
Dwelling (Coverage A)
Increased Dwelling - Option ID
Dwelling Extension
Personal Property (Coverage B)
Personal Liability (Coverage L) each
occurrence
Medical Payments (Coverage M) each
occurrence
Credit Card / Bank Card and Forgery
Damage to Property of Others (Each
Occurrence)
Loss of Use
Loss Settlement Options
Loss Settlement Option - Dwelling
Loss Settlement Option - Personal
Property
Accepted Options
Jewelry and Furs
Silver / Goldware Theft - Option SG
Business Property - Option BP
Building Ordinance or Law - Option OL (%
of Coverage A)
Firearms - Option FA
EB 2540 TX.8 Rev. 03-2020
Policy Deductible:
Wind/Hail Deductible
Limit Premium
1,446, 000 11,142.00
289,200
144, 600
1,084,500
100, 000
1,000
1, 000
1,000
433,800
A1 -
Replacement
Cost - Similar
Construction
B1 - Limited
Replacement
Cost
1,500 / 2,500
Option JF
included
2,500 included
1,500 included
10% 144,600
2,500 included
1 % 14,460
1 % 14,460
Endorsements
Dwelling Foundation
Limited Seepage or Leakage of Water
Endorsement
Declined Options / Endorsements
Additional Insured
Addl Insured - Special Event
Building Ordinance or Law - Option
OL (% of Coverage A)
Building Ordinance or Law - Option
OL (% of Coverage A)
Business Property - Option BP
Business Property - Option BP
Business Pursuits - Option BU
Common Construction Rplc Cost
Cyber Event, Identity Restoration, and
Fraud Loss Coverage
Earthquake
Energy Efficiency Upgrade
Firearms - Option FA
Home Rental
Home Systems Protection
Incidental Business - Option 10
Jewelry and Furs
Jewelry and Furs
Loss Assessment
Nurses' Professional Liability
Rate IV: 100%
Limit Premium
216,900 344.00
344.00
25%
50%
2,500
5, 000
5, 000
50, 000
2,500 / 5,000
Option JF
1,000 Special
Limit
Page 1 of 3
State Farm Lloyds
TX
Homeowners
Application / Binder-Receipt
Applicant Name: MULVANEY, TIMOTHY
Binder Effective Date: 04-06-2021
43-GB-U777-2
Declined Options / Endorsements (Continued)
Off Premises Structures
Personal Injury
Personal Property Deletion
Rented Personal Property
Roof Surtaces Payment Schedule
Service Line Coverage
Silver / Goldware Theft - Option SG
Silver / Goldware Theft - Option SG
Silver / Goldware Theft - Option SG
Special Limit For Water Damage
Special Limit For Water Damage
Special Limit For Water Damage
Special Limit For Water Damage
Waterbed Liability
Windstorm or Hail Exclusion
Discounts / Charges
FAIR Plan Assmt
Claim Record
Home alert
Home / Auto discount
Loyal customer discount
Year built adjustment
Total Premium:
Amount Paid:
Credit Amount:
Balance Due:
$7,577.36
$0.00
$0.00
14.36
(676.00)
(141.00)
(2,972.00)
(506.00)
28.00
UNDERWRITING:
Has applicant had any losses, insured or not, in the past 3 years: No
Is there any damage to the home, building, or unit that has not been repaired: No
Limit
10, 000
5, 000
7, 500
10, 000
5, 000
10, 000
15, 000
25, 000
APPLICANT(S) ACKNOWLEDGEMENT:
If a property inspection report has been provided and this application does not provide Homeowners insurance coverage, State Farm does not accept the
property inspection report and rejects it as part of and for purposes of this application.
By submission of this application, you agree that: (1) You have read this application, (2) your statements on this application are correct, (3) the coverages,
including options and endorsements, and the amounts of coverage on this application are those chosen by you, and (4) the premium charged must
comply with State Farm's rules and rates and may be revised.
BINDER:
State Farm will provide coverage to the applicant and his or her legal representative on the property described for up to thirty (30) days from the Effective
Date, subject to all terms and conditions of the policy and endorsements for which application has been made. If no Effective Date is indicated, this Binder
does not provide any coverage. This Binder will be void when the declarations page is issued on the policy for which application has been made or when
coverage under this Binder is canceled in accordance with policy provisions.
The premium due State Farm for the coverage provided by this Binder will be the full annual premium for the policy for which application has been made, and
will be pro-rated for the length of time coverage is provided under this Binder.
AGENT INFORMATION:
App date and time: 04-05-2021, 11:06 AM
Agent: Veronica Mendoza
Location Address: 1717 N Beach St
Fort Worth, TX 76111-6619
Agent / AFO Code: 7939 / 08FA36 Agent Phone: (817)222-9300
EB 2540 TX.8 Rev. 03-2020 Page 2 of 3
State Farm Lloyds Applicant Name: MULVANEY, TIMOTHY
Binder Effective Date: 04-06-2021
TX Homeowners
Application / Binder-Receipt 43-GB-U777-2
IMPORTANT NOTICES
REGARDING CONSUMER REPORTS...
Consumer reports, including credit and insurance loss history reports, may be ordered in conjunction with this application to help determine your eligibility
for insurance and the price you are charged. In addition, consumer reports may be used to determine the price you are charged at renewal. We may also
obtain and use a credit-based insurance score developed from information contained in these reports. We may use a third party in connection with the
development of your insurance score. A brochure explaining how State Farm uses consumer reports is available upon your request. For additional
information, please contact your State Farm agent.
REGARDING YOUR COVERAGE AMOUNT....
It is up to you to choose the coverages and limits that meet your needs. We recommend that you purchase a coverage limit at least equal to the estimated
replacement cost of your home. Replacement cost estimates are available from building contractors and replacement cost appraisers, or, your agent can
provide an Xactware estimate using information you provide about your home. We can accept the type of estimate you choose as long as it provides a
reasonable level of detail about your home.
State Farm� does not guarantee that any estimate will be the actual future cost to rebuild your home. Higher limits are available at higher premiums. Lower
limits are also available, which if selected may make certain coverages unavailable to you.
We encourage you to periodically review your coverages and limits with your agent and to notify us of any changes or additions to your home.
REGARDING CLAIM RECORD RATING PLAN AND LOYAL CUSTOMER DISCOUNT PLAN
With our Claim Record Rating Plan and Loyal Customer Discount Plan, your savings will typically increase the fewer claims you have and the longer you're
insured with State Farm. We adjust premiums based on the number of claims under the rating plan. Depending on your state, claims under the plan
generally include those resulting in a paid loss and may include weather-related claims where permitted. In addition, any claims with your prior insurer
resulting in property damage or injury may also influence your premium.
Our Loyal Customer Discount provides a premium discount based on the number of years that you have been with us.
For more information about whether the Claim Record Rating Plan applies in your state, the claims we consider for the plan, or whether the Loyal
Customer Discount Plan is in effect in your state, please contact your State Farm agent.
EB 2540 TX.8 Rev. 03-2020 Page 3 of 3