Loading...
HomeMy WebLinkAboutContract 59892Date Received: 08/03/2023 Time Received: 3:29 p.m. Record Number: PN23-00083 City Secretary No.: 59892 PUBLIC PROPERTY 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, Assistant City Manager. or Director of the Development Services Department, and Kevin A. LeFevre and Tiffany E. LeFevre, husband and wife, ("Licensee"), property owners. RECITALS WHEREAS, Licensee is the owner of the real property located at 2924 Saddle Creek Drive, Fort Worth, Texas 76177 ("Property"), being more particular described as, Lot 80, Block 1, of Beechwood Creeks, an Addition to the City of Fort Worth, Denton County. Texas, as recorded in Deed Records, by Instrument Number 2016-159903, in Denton County, Texas, and; WHEREAS, the City owns a drainage easement (the "Public Property") adjacent to the Property, recorded in the deed records of Denton County by instrument number 2012-130283; and WHEREAS, Licensee desires to construct, place, and maintain certain improvements which will encroach in, on, above, or below the Public Property; 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 Licensee of the tee 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 Public Property as described in and at the location shown on Exhibit "A," but only to the extent shown thereon. for the purpose of constructing, installing, and maintaining a pool equipment and pool pumps (the "Encroachment"). Upon completion of the Encroachment, Licensee agrees to be responsible for maintaining the Encroachment within the Public Property. Licensee shall not expand or otherwise Tier 11 Easement Encroachment Agreement OFFICIAL RECORD Page I of 12 CITY SECRETARY Revised 12/2022 FT. WORTH, TX cause the Encroachment to further infringe in or on the Public Property beyond what is specifically described in Exhibit "A." 2. All construction, installation, maintenance, and operation of the Encroachment and the use or occupancy of the Public Property shall comply with and be performed in strict compliance with this Agreement and with the charter, ordinances, codes, and policies of the City. Prior to the construction or installation of the Encroachment, Licensee shall submit all plans and specifications to the Director of the Development Services Department or duly authorized representative. Licensee shall not commence construction or installation of the Encroachment nor make any use of the Public Property until after the execution of this Agreement. 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 and the use and occupancy of the Public Property, including the securing the approval and consent of the appropriate utility companies and agencies of the State of Texas 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 of Public Property, Licensee shall pay to City an additional amount equal to such additional cost as determined by the Director of Transportation and Public Works, the Director of the Water Department, the Director of the Development Services Department, or their duly authorized representative. 4. Licensee agrees that City may enter and utilize the Public Property at any time for any public purpose, including installing, repairing, replacing, or maintaining improvements to its public facilities or utilities necessary for the health. safety, and welfare of the public. The City shall have no responsibility or liability for any damages related to the Encroachment resulting from the City's use of the Public Property; however, the City shall make reasonable efforts to minimize such damage. 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 Public Property to a condition acceptable to the Director of Transportation and Public Works, the Director of the Water Department, the Director of the Development Services Department or their Tier II Easement Encroachment Agreement Page 2 of 12 Revised 12/2022 duly authorized representative. Any such removal of the Encroachment shall be in accordance with then -existing City regulations and policies. It is understood and agreed to by Licensee that if this Agreement terminates and Licensee fails to remove the Encroachment and restore the Public Property, Licensee hereby gives City permission to remove the Encroachment and any supporting structures from the Public Property, to restore the Public Property, and to 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 Encroachment and use of Public Property as provided for by this Agreement, Licensee agrees to pay to City at the time this Agreement is requested an application fee in the sum of Nine Hundred Dollars ($900.00). 7. The term of this Agreement shall be for thirty (30) years, commencing on the date this Agreement is executed by City. However, the City may terminate this Agreement upon Licensee's noncompliance with any of the terms of this Agreement. City shall notify Licensee in writing of any such noncompliance and if Licensee does not cure the noncompliance within thirty (30) days of notice from City, the City may terminate this Agreement. However, the City may, at its sole option, allow the Agreement to remain in effect so long as Licensee has taken reasonable measures to cure the noncompliance or is continuing to diligently attempt to remedy the noncompliance. 8. It is further understood and agreed between the parties hereto that the Public Property to be used and encroached upon is held by City as trustee for the public; that City exercises such powers over the Public Property as have been delegated to it by the Constitution of the State of Texas or by the Texas Legislature; and that City cannot contract away its duty and its legislative power to control the Public Property for the use and benefit of the public. It is accordingly agreed that if the governing body of City may at any time during the term hereof determine in its sole discretion to use or cause or permit the Public Property to be used for any other public purpose, including but not being limited to underground, surface, or overhead cor Munication, drainage, sanitary sewerage, transmission of natural gas or electricity, or any other public purpose, whether presently contemplated or not, that the parties agree to negotiate in good faith in order to accommodate both the Encroachment and the public purpose. Tier 11 Easement Encroachment Agreement Page 3 of 12 Revised 12/2022 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, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED 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 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. 10. While this Agreement is in effect, Licensee agrees to furnish City with a Homeowners Insurance as proof that is 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 $300,000.00 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 Homeowners Insurance is attached as Exhibit "B" and incorporated herein for all purposes. 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 restoration of the Public Property. All insurance coverage required herein shall include coverage of all Licensee's contractors and subcontractors. Tier II Easement Encroachment Agreement Page 4 of 12 Revised 12/2022 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 the county in which the Encroachment is located. 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 use of the Public Property. 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 Public Property and is not a conveyance of any right, title, or interest in or to the Public Property, nor is it meant to convey any right to use or occupy property in which a third -,party may 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, City shall be entitled to recover interest and reasonable attorneys' fees. 'Fier II Easement Encroachment Agreement Page 5 of 12 Revised 12/2022 17. The parties agree that the duties and obligations contained in Section ; 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. 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 [SIGNATURES APPEAR ON FOLLOWING PAGE] Tier 11 Easement Encroachment Agreement Page 6 of 12 Revised 12/2022 City: CITY OF FORT WORTH By:DJ Harrell (Aug 2, 20231v :49 CDT) D.J. Harrell, Director of the Development Services Department Date: Aug 2, 2023 ATTEST: Jannette Goodall, City Secretary Date: Aug 3, 2023 4,dggUpn�� Ot FOR000 ? I °�� d �o See 8 o *ly Q� �EXASaAp bLnaagq Approved As To Form and Legality Jeremy Anato-Mensah Assistant City Attorney Date: Aug 1, 2023 Contract Compliance Manager: By signing 1 acknowledge that 1 am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements, Rebecca Diane Owen (Aug 1, 2023 22:09 CDT) Rebecca Owen Development Services Date: Aug 1, 2023 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Tier If Easement Encroachment Agreement Page 7 of 12 Revised I2/2022 Licensee: By: Kevin A. Le Fevre Property Owner Date: '7lz('124) Z STATE OF TEXAS § COUNTY OF =r4ww4-s De n-vn § BEFORE ME, the undersigned authority, a Notary Public in and for the State of on this day personally appeared Kevin A. LeFevr, Property Owner (Title) 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, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 2LIk4f day of 20,23 . a MANDIE JO KAMINSKY Notary ID #130745499 My Commission Expires �A,4 S July 19, 2D24 Notary Public in and for te State of 7ExCLS Tier 1I Easement Encroachment Agreement Page & of 12 Revised 12/2022 Licensee: �'Ajj n I By: Tiffany E. LeFevre Property Owner Date: -� 2 I Z� © Z-3 STATE OF TEXAS § COUNTY OF WMR*3' t*i BEFORE ME, the undersigned authority, a Notary Public in and for the State of -ChcaS , on this day personally appeared Tiffany E. LeFevre, Property Owner (Title) 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 , and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 21.E day ofk uA? 2023 . \o���s Notary Public in and for the State of -�� l Tier 11 Easement Encroachment Agreement a MANOIE JQ KAMINSKY Notary ID #130745899 My Commission Expires July 19, 2024 Page 9 of 12 Revised 12/2022 na" V� j r:, li:a lr.LIA :d 16 Ksj a M L41 Ploy, OK-Ij.j w A" 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. GIVE\ UNDER MY HAND AND SEAL OF OFFICE this 2nd day of August , 20 2,, . WendL� Digitally signed by Y Wendy L. Beardslee B e a rd s l e e Date: 2023.08.03 15:01:01-05'00' Notary Public in and for the State of Texas After recording return to: Development Services Department Development Coordination Office 200 Texas Street Fort Worth, Texas 7610 Tier 11 Easement Encroachment Agreement pS�Y%'(ie WENDY L BEARDSLEE z Notary Public * * STATE OF TEXAS Nh9T �P Notary I.D. 13323719-3 FOF My Comm. Exp. July 28, 2025 ' Page 10 of 12 Revised 12/2022 EXHIBIT A Depiction and description of the Encroachment Tier II Easement Encroachment Agreement Page 11 of 12 Revised 12/2022 Doc-130253 Beechwood Creeks. Phase 3B Parcel S 03 Doe 9 6596 AE A 4 3602 Championship Parlcway Lot-1, Sik-1, Beechwood Business Park STATE OF TEXAS § COUNTY OF TARRANT § KNOW ALL MEN BY THESE PRESENTS COUNTY OF DENTON § !;I Y 9F F RT WORTH PERMANENT DRAT A E FACILITY EASEMENT DATE GRANTOR: HEI FORT WORTH LP CIO HEI HOSPITALITY, LLC GRANTOR'S MAILING ADDRESS (including County): 101 MERRITT 7 CORPORATE PARK, I"' FLOOR NORWALK. FAIRFIELD COUNTY, CT 06a54 GRANTEE: CITY OF FORT WORTH GRANTEE'S MAILING ADDRESS (including County): 1000 THROCKMORTON ST. FORT WORTH, TARRANT COUNTY, TX 76102 CONSIDERATION. Ten Dollars (S10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. PROPERTY. Being a tract of land in the Jesse Daniel Survey, Abstract No. 349, situated in the City of Fort Worth, Denton County. Texas and being a portion of Lot 1, Block 1 of Beechwood Business Paris, an addition to the City of Fort Worth, Denton County, Texas as recorded in Cabinet R, Page 152 of the Plat Records of Denton County, Texas (PRDCT), and being more particularly described in Exhibits ..A.. and "B „ Grantor, for the consxieratto n paid to Grantor and otter good and valuable consideration, hereby grants, sells, and oonveys to Grantee. its successors and assrgns, an exclusive perpetual easement for the oonstrudion. operation. maintenance. replaoement, upgrade, and repair of a Permanent Drainage Facility. hereafter referred to as "FaciFV. The Facility includes a storm drain and dil reasonable and customary facilities appurtenant thereto, upon, under and across ft3e Property more fully described as P. ,. . t E,;_F: in Exhibits =A.- and °B" attached hereto and incorporated herein for all purposes. together with the right and privilege at any reasonable time to pefth vdl� 1 A•w IL 17 V iA&S 6ENi f V. (?Sri2'A10 Doc-'t 30283 enter the Property or any part thereof for the purpose of constructing, operating. maintaining, replacing, upgrading, and repairing said Facility. This grant and conveyance ,,s made subject to all matters of record affecting the Property. In no event shall Grantor (1) use the Property in arty nsanner which interferes in any material way or is inconsistent with the rights granted hereunder, or (11) erect or permit to be erected within the easement property a permanent structure or building, including, but not limited to, monument sign, pole sign, billboard, brick or I fences or Wralls or other structures that require a building permit. or any structure not requiring a building permit but which may threaten the structural integrity or capacity of the storm drain and its appurtenances. Grantee shall be obligated to restore the surface of the Property at Grantee's sole cost and expense. The E::,,,. ,, L is not assignable by grantee tAit wkA the prior written consent of Grantor. which Consent small not be unreasonably withhe4d. Grantor reserves and retains the right to grant other rights and easements across, over or under (but not parallel and overlapping) the Property to such other persons as Grantor deems proper, provided such other grants do not interfere with the use of the Easement by Grantee for the purpose set forth herein Granteeshall repair any damage to improvements on or surrounding property and restore the surface and grade of the Property and surrounding property from damage resulting from Grantees use of the Property. The Grantee shall not use the Property or permit use of the Property by any other person, in a that violates applicable laws or regs -rations or constitutes a hazard to the health, safety and/or welfare of the public. Except for the normal use of fuels, lubricants, chemicals required to install said public utilities and their normal byproducts of use, the Grantee shall not, and shall not permit any of its employees, agents, contractors, subcontractors, suppliers or invitees to generate, manufacture or dispose of on or about the Property any I ,, is substance. If Grantor in good faith believes that a hazardous substance may have been generated, manufactured or disposed of on or about the Property by the Grantee or any of its employees, agents, contractors, subcontractors, suppliers or invitees, Grantor may have environmental studies of the Property conducted as it deems appropriate, In the event such studies reveal that a hazardous substance has been generated, manufactured or disposed of on or about the Property, except as noted above, the cast of such studies and remediation shall be paid by Grantee. Except with regard to those, arising from the gross negligence or wiWul act or,- of Grantor, Grantor shall not be responsible for any claims, suits, losses, liability, costs and expertses from a User's use of The Property,`User" is def':rmd to include any person, other than the City, providing materials or service in connechon with the design and construction of the facilities. Ail notices required or permitted hereby shall be in writing and become effective after being deposited in the U-S. mail, certified or registered with appropriate postage prepaid or, it detrvered by some ether manner, when actually received, Notices to the parties shall be addressed as follows Pf.: tANEM DRA"A."EAgPMEP41 To Grantor HEl Fort Worth LP C/O HEI Hospitality. LLC 101 Merritt 7 Corporate Paris, 15' Floor Norwalk. Fairfield County, CT 06851 Attention: Anthony F.utledge To Grantee: The City of Foft Worth, Texas 1 D00 Throckmorton Fort Worth, TX76102 Attention: Assistant City Manager From time to time a party may designate a new address for the purpose of receiving notices hereunder by giving notice of its new address to the other party in the manner provided above. This grant of the Easement shall automatically terminate and revert to Grantor or its successors in interest upon abandonment by Grantee or when the Property ceases to be Used exclusively for the purposes permitted herein, TO HAVE AND TO HOLD the above -described easement, together with all and singular the rights and appurtenances thereto in anyway be tinging unto Grantee, and Grantee's successors and assigns forever-, and Grantor does hereby bind itself and its successor and assigns to warrant and forever defend all and singular the easement, subject to all matters now of record affecting said easement, unto Grantee. its successor and assigns, against every person whomsoever lawfully claiming or to claim the same, or any part thereof, by, through or under Grantor, but not otherwise. t'kHa/A hk.N J Rlty tsw't f,�, � u Doc-430283 GRANTOR. HE] Fort Worth LP A Delaware limited partnership By: HE] Hospitality Fund Holdings II. L P its sole member By: HEI Hospitality fund II. L.P. its general partner By: HEI Hospitality Fund GP 11, L.P. its general partner By: HEI Hospitality Fund GP it (GP). LLC it general partner By: HE Hospitality, LLC its Mary�r, r By. Arikony Rutledge. Vice Prescient GRANTEE: City of Fort Worth Femando Costa Assistant City Manager APPROVED AS TO FORM AND LEGALITY 7kokc /, 64" Assistant City Attomey f+EE h"P DRAM"GE FACILMI EA&9d Wr RW. Q5i4,T(l IC STATE OF CONNECTICUT pCKNOWLEDQEMENT 14 COUNTY OF FAIRJrIELD COUNTY § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Anthony Rutledge, Vice President of HEi Hospitality Fund GP if (GP), LLC, a Delaware corporation and general partner of HE[ Fort Worth L.P., a Delaware limited partnership, on behalf of the partnership GIVEN UNDER MY HAND AND SEAL OF OFFICE this 2012. T' arr�rrr0or- •- 4 •:* r � STATE OF TEXAS § COUNTY OF TARRANT § day of kl�XJ:4 kisof onnecticut TQNt-OW 10L ANDRO NAC4 �� lilt, Stu of C�secar�l M!' C�6iM E�tpirt, i131'!01 � ' ACKNOWLEDGEM€NT BEFORE ME. the undersigned authority. a Notary Public in and for the State of Texas. on this day personally appeared Fernando Costa, Assistant City Manager of the City of Fort Worth, known to me to be the same person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the City of Fort Worth and that he executed the same as the act of the City of Fort Worth for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 4� —clay of 1 t.✓ 2012 f I:�art4lr Mary Public in and for the State of Texas 'mi , o l it WWO, II I I I. I'll Ipli a II 11011 ! 111014 _ VAC: -L l7 Y kW,,. i-N- 12=18 EASENEW: EXHIBIT "A" PERMANENT DRAINAGE FACILITY EASEMENT Fmcsty L1E`sm1P.'lav fiEZW a tract of land 1n ti,e Vsse Gan;el Survey. Aastract Mo. 34 saruate# in the City of runt hbrin, fientan tvvnty, Texas anQ being a portion of tat d. Block 1 of tirech*o: d Business Pit, an addition to the City of fort xortn. LLM,104 County, rexaa os recardod sn ;~aDjagt R PW JW pf tF'F Plat Records Of iX-TeOn Mu"ty, texas "WO afri PeJmg mare perticularly described as follows CM*CW1A(6 at a 5/8' capW ;ron pin staVed 'i+ttJtt isliars" fauna at Me southeast tersinus of Barton Ridge Drtre 150- R.0,Wj as deaicated by final plat of 6eechwaod Creries recarded in Cabinet if, foe 657 AWCr, ra141 Dint belhg on the southeasterly rlgdrt-cf-ray line of sole Barton Rid" A-j ve TACMM South 90 arg. Obi min, 00 sec. hest. a 01tancs of 1.440.50 feat: Mfrt;E South 90 peg. Od ern. 00 sec. Fast, a distance o1 204.63 feel to the POint of 6091nning of the herein descriled tract, sold Paint being on a aortn Itae Of Said Lot t. Elock 1: tW-WE Worth &F tray. .0 ain. 58 sae. East along the said north I,n,?, of sand rot ). Black !, a distance of 22.39 teat: E Swth 34 dtq. 08 Aun_ 12 sec. Egst, a dtstante cf 27 ?1 IoWt; P ACE South 55 OtV. 17 &in. ap sac_ East, a distance of 437.57 feet; 1N ACT South 34 dey, 42 Alter. 40 aec. hest. a alstance O1 a'e.0o feet: ;HENCE W.,th 55 apq, 17 •in, jW sec. aae. a dlstsnCe of 'itt1.11 fart: teCN E Mirth .id deg. 08 min. 12 sat. Nest, it distance Of . s5 feat to the Paint of Baptnninq and conta:nxng 10, SW spuera feet err D-US acres of JwFa none er less. OF IOSNrn'txsOri� � sear'Jrgs are referenced to Texas state Plane acrainste Systra A17rul Central Zane. U403 as rlerl ved friev *Vern acre Systees Rix cooperative A&tWQ^k. GOOMMI NOW I e+OCT, 2012 1 , � - RAW" - � Job No. 0 *409 �1 oiled = A. 0 . M . $ +..r. sn►.rs+ris Checked i A. D . H , i '4 � y Doc-130M EXHIBIT "0" V� s Y 1i411�iCiCM,w Vt. r � t, fi&Ar]R#S grd rYlBl WP# CO TesSS SWO PI&W COOrdinatt Syst#^ Abrtn Central tone, +Y4M ate' 'arlmW frOm WfStvrn Oft& SWOMUS RN Cr9oaroOre Airtwork. � Gowwwl Scde+V� 7p OCT. 2012 2 -l�MNEflil - A/IYeYd� �/ 5rof led R C} H n1 . . . wr. Wn go -am :.hacked R . 0. H . + 17W 1 •:k N34 '08 ' 12 W 40, 85 ' EXHIBIT "B" K82 '30' 58 `E c^2.38' q � p�.'1'fissr t` A s1'JX NATE L IP41 TS OF f Ya FLOMPLAIN C t rs2'��.Qf 1 1AbF7R CAUN FIRM Ma ?40. •e61a%04911 F �r MA !9se Fv-. -591 -Fu �1 OF r. 3c Q ! W ammommA r,� M1 nor $�19 6e&/'JM$ Ore Mfertnced to Texes Stet* Plane Cawd;+sate Sy3tim Aeoortn Cmtral &vje. A4DO a� ne!: tr'm WSfOrn 00ta Systems PFrf Ceaprrative Abtmart. a r _ _ �,r+�►+o�s .lob No . 1 10409 oe : acted 1 A. 0. H. 4 r,Mrd ens ammm Chetcice:d = A . D . H." 4 EXHIBIT "B0 W Ln .cn IRIV 0 aex Lill S34 "42' 40-W `�� !n "--- 20.00 H )r'gs " retteranced #a Texas seat& Pdan�e Cmorainats S78t*A Nmrtn C9ntra! Zone VWMor Astern lR"* �ftft Rnf Caapr►•arlra Ab'tMW*. GtO3 MI Scde e 1 ' -50 • $I* IA.DOIe •OCT. 20 i2 c*& m - �cerr - rr �oea No . + 10409 os afted, A.D.H. cked j R . 0. H . [ 4 Exhibit B moot crta� 77.2s�.sum M:r-:-in ' .r.,z 2924 SADDLE CREEK DRIVE IMIL FM .'y 7-�.. DA -,EO.s. gym.BULOW o ocr. l '.''" ' #/ LM tMltrM . �. MrMr. +Morro., cV • j / , % j �T k loom w Mr1 oMMMMM �w�M.+d �M.�� ryrN ` •/" ..... Lp. AMOM....ow LDT 80 79 1 xa +r=A, Fa FAd t I I boy! -emu vM UMM 1 ♦ 1/% 1 . . . ...... �+ 48.6ti` Ts.rrr.� 000 vjsM si POM \ ` f ttir ft*�rs 11CA aaf.aR k w w \ UM MO DATA +orris Lot M, �rok L at lrooiwW Ch WNo6 a OdWb oior is 9rod+M do A), Tar. raoiirg be iiM —V a. urf w pbt vMwed is t NWO M i4. alit-= d do }ist mooe/a at fooAaa Cooed?, T+nr. a r�u+Nr+ aMMMr.d w r.d sr+w., ew M+Mr.M ai M.�.r w �..,rr� Mw M r. sw~ oft w M o— ww wd Who Mompow ar ��MtrrM■ W OPP& 6 .mow w GOVANI . PEOP—A b Ad Sol* %P MiW Ml�90 OW o.� �w err �..� *w%I%hwou w �r w w�� w - Mr —rr�MrM� now r M M ��""'� �+r'le A1�11 w r tiY��e . us wr Mf ob *WNW Jr bedry' �r ar Wbw 1W r word J.. r1� rw� Mw l�Mwo Mori M Mf r ioser .da" a* $MM .wMaha am M * aw oM !r ft oMry.M�i ar . A be io�WOMML tl..M- r. to MM �w�1 M� rr .yow..IMw� MMMdW of Oft* la/ arrrrw ro. OF G � !I o101111i11f1, Ma Exhibit D scak-i'f-v Di9tvas 0 23&%48323 Puryear Custom Pools 2200 Cantnil San"m Rd. Fort warn, TX 76131 Ph. 617- W3169 Fax a17-306.3"1 SAWA tom 8H8r2!)23 V2306 Leferre, Kevin or Tiffany 29M Saddle Creek r*Ive Fort Worth TX, 76177 Mr. CeM. aQ Mrs. Cell: 817-45949% tat so black 1 9a6dlrlsion: Berdawood Corks I t: MAP— O O t rove revi"M WKI on my 1PPVMW b wn wtauctioi tY11hs Wa ad am 5RffAC&WAI swm., R.r Arw 38 Parknow 21 nlob.a: S�: S1ave�sian Size. 18 X 36 Depe: 3.6 x 4 x 6 Rakad: 16' jeta. 8 Area: 522 Pednw er 92 Dem..7 Gaftr& 17116 UgM: 4- Nktai a L HeMaW.. Zodiac NML44 Gas JXi 40DK STU Skimmers 2 Rot" S LOW 1- Ndleless LED COW LEGEND gam-'— ®-- W� P EXHIBIT B Certificate of Insurance Tier If Easement Encroachment Agreement Page 12 of 12 Revised 12/2022 DECLARATIONS We will provide the insurance described in this policy in return for the premium and compliance with all applicable provisions of this policy. 85-GO-Tl 154 Policy Number Named Insured and Mailing Address Lefevre, Tiffany Elaine & Kevin Anthony 2924 Saddle Creek Dr Fort Worth, TX 76177-2190 The Policy Period begins and ends at 12:01 a.m. Standard Time at the residence premises. 02/12/2023 Effective Date 12 months - Policy Period 02/12/2024 Expiration of Policy Period Limit of Liability - Section 1 $460.000 Dwelling $345.000 Personal Property Limit of Liability - Section 2 $500,000 Personal Liability $5,000 Medical Payments to Others Policy Type Homeowners Al - Replacement Cost - Similar Construction Increased Dwelling Up to $92,000 - Option ID Location of Premises 2924 Saddle Creek Dr Fort Worth. TX 76177-2190 Forms, Options, & Endorsements HW-2143 Homeowners Policy Limited Seepage Or Leakage Service Line Coverage Mortgagee & Addl. Interests Mortgagee ROCKET MORTGAGE LLC ISAOA PO Box 202070 Florence, SC 29502-2070 Loan Number: 3482146580 Prepared: 06-07-2023 559-916.5 Coverage afforded by this policy is provided by: State Farm Lloyds A Lloyds Company In Dallas, Texas PO BOX 853907 Richardson TX 75085-3907 Automatic Renewal - If the Policy Period is shown as 12 months, this policy will be renewed automatically subject to the premiums, rules and forms in effect each succeeding policy period. If this policy is terminated, we will give you and the Mortgagee/Lienholder written notice in compliance with the policy provisions or as required by law. Deductibles - Section 1 1% $4,600 ALL LOSSES In case of loss under this policy, the deductible will be applied per occurrence and will be deducted from the amount of the loss. Earthquake: Wind/Hail Deductible: 1 % $4.600 Policy Premium $ 3288 Amendatory Endorsement Home Systems Protection Agent Name & Address Chadwick Haynes 1740 Rufe Snow Dr Ste A Keller, TX 76248-5669 (817) 281-7482 Agent's Code:8001 APPLICANT COPY -=0007 2020 127534 219 04-23.2021