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Home My WebLink AboutContract 62068D t ·R . ed· 10/3/024 a e .. ecew . ______ _ Record Number: PN24-00103 T. R . d 3:00 pm nne eee1ve. : ______ _ City Secretary No.: _6 _20_6_8 __ _ PUBLIC PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMENT TIER/I TIDS AGREEMENT is made and entered into by and between THE CITY OF FORT WORTH, a home rule municipal corporation of Tarrant County, Texas ("Cityn), acting by and thro:ugh its duly authorized City Manager, Assistant City Manager, or Director of the Development Services Department, and W. Forrest Tempel and Sa.nm F. Tempel, ("Lieensee"), Property Owners. RECITALS WHEREAS, Licensee is the owner of the real property located at 3318 Avondale Avenue, Fort Worth, Texas 76109 ("Property''), being more particularly desc1ibed as, Lot A-R--2Rl C, Block 52, Forest Highlands Addition, as recorded in Deed Re.cords, by Instrument Number Dl98186112J in Tarrant County, Texas, and; WHEREAS, the City owns a.. drainage easement (the "Public Property") adjacent to the Property, dedicated to the City in an easement filed in Tarrant County Deed Records as Instrument Number D222236377 and as depicted on the fmal plat of the property (FS-22-158), which is recorded in the pla.t records of Tarrant County; 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 encroachmentunder the te1ms 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 fee set out below and covenants and agreements hereinafter contained to be kept and performed by Licensee, hereby grants. vermission 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 c.onsttucting,installing, and maintaining a private 10' sanitary sewer line {th.e ''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 II Easement Encroachment Agreement Page 1 ofl3 Revised 12/2022 cause the Encroaclunent to further infi•inge 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 coinply with and be performed in strict compliance with this Agreement and with the charter, ordinances, codes, and policies of the City. Prior to the constructiori or installation of the Encroac�unent, Licensee shall subnut 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 malce proper provisions for the relocation and installation of any existing or future utilities affected by such Encroaclunent 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 inade inore costly by virtue of the construction, maintenance, or existence of the Encroaclunent and use of Public Property, Licensee shall pay to City an additional amount equal to such additional cost as detei-�nined by the Director of Ti•ansportation and Public Worlcs, the Director of the Water Department, the Director of the Development Services Department, or their duly authoi•ized i•epresentative. 4. Licensee agrees that City rnay enter and utilize the Public Property at any time for any public puipose, including installing, repaii•ing, 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 dainages related to the Enci•oachment resulting fi•oin the City's use of the Public Property; however, the City shall malce 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 Worlcs, the Director of the Water Department, the Director of the Development Services Departinent or their duly authorized representative. Any such reinoval of the Encroaclunent shall be in accordance with then-eYisting City regulations and policies. It is undeistood and agreed Tier II Easement Encroaclunent Agreement Page 2 of 13 Revised 12/2022 to by Licensee tliat if this Agreeinent terininates and Licensee fails to remove the Encroaclunent and restore the Public Property, Licensee hereby gives City permission to remove the Encroaclunent and any supporting structures fi•om the Public Property, to restore the Public Property, and to assess a lien on the Property for the costs eYpended by the City in talcing such actions. 6. In order to defi�ay 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 Encroaclunent and use of Public Property as provided for by this Agreeinent, 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 tez7n of this Agreement shall be for thirty (30) years, cornmencing on the date this Agreement is executed by City. However, the City inay tei7ninate this Agreement upon Licensee's noncoinpliance with any of the terins 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 fi•om 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 talcen reasonable measures to cure the noncoinpliance or is continuing to diligently attenipt to remedy the noncoinpliance. 8. It is further understood and agi•eed 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 Te�as Legislatui•e; and that City cannot contract away its duty and its legislative power to control the Public Property for the use and beneiit 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 foi� any other public purpose, including but not being liinited to underground, surface, or ovei•head conununication, drainage, sanitary sewerage, transmission of natural gas or electricity, or any other public purpose, whether presently contemplated oi• not, that the parties agree to negotiate in good faith in order to accominodate both the Encroaclmlent and the public purpose. Tier II Easement Encroachment Agreement Page 3 of 13 Revised 12/2022 9. 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 homeowner's insurance, in order to cover 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 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 insurance policy 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 homeowner's 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 13 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. Tier II Easement Encroachment Agreement Page 5 of 13 Revised 12/2022 rr� The parties agree that the duties and obligations contained in Section 5 shall suivive the termination of this Agreement. 18. Licensee covenants and agrees that it will not assign all or any of its i•ights, privileges, or duties under this Agreei�nent without the written approval of the City, and any attempted assigrullent without such written ap�roval shall be void. In the event Licensee conveys the Property, Licensee inay assign all of its rights and obligations under this Agreement to the new owner of the Property, and Licensee shall be deemed released fi•om its duties and obligations hereunder upon City's approval in writing of such assigrunent, which approval shall not be uru�easonably conditioned or withheld. Foreclosure by a secured lender of Licensee or assigrunent to a secured lender by Licensee in the event of default or otherwise shall not requi�•e City app�•oval pt•ovided tbat 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 assigmnent to any secured lender of Licensee shall be effective as to City unless and until written notice of such foreclosure or assigntnent 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 counteiparts, each of which shall be considered an original, but all of which shall constitute one instrument [SIGNATURES APPEAR ON FOLLOWING PAGE] Tiei• II Easement Enci•oaclunent Agreement Page 6 of 13 Revised 12/2022 EXECUTED to be effective on the date signed by the City's Director of Development Services Department. City: CITY OF FORT WORTH By: Dalton Harrell:(pct 2, 202414:06 CDT) D. J. Harrell Director, Development Services Department Date: 10/02/2024 ATTEST: Jannette Goodall, City Secretary Approved As To Form and Legality 1� Hye Won Kim Assistant City Attorney Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Rebecc"l Owen (Oct 1, 202413:55 CDT) Rebecca Owen Development Services Manager Tier II Easement Encroachment Agreement Page 7 of 13 Revised 12/2022 STATE OF T�XAS COUNTY OF TARRANT � 0 BEFORE ME, the undei•signed authoi•ity, a Notaiy Public in and for the State of TeYas, on this day personally appeared D. J. Harrell, lcnown to me to be the person whose name is subscribed to the foregoing instruinent, 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 Wortli, and in the capacity therein stated. GIVEN LTNDER MY HAND AND SEAL OF OFFICE this2nd day of October 2024 i �, , � �' �' /� Notary Public in and for the State of Texas After recording return to: Developinent Services Department Contract Management Office 100 Fort Worth Trail Fort Worth, Texas 76102 Tier II Easement Encroaclunent Agreenient oPRYP�e, KATHLEEN BRADFORD f � : Notary Public �� STATE OF TEXAS 9'FOFi�P MyCommYExp,lAP971,2,72027 Page 8 of 13 Revised 12/2022 Licensees: Property Owners W. Fori•est Tempel By: � � Name: W. Forrest Tempel Title: Property Owner Date: � //% 2 Sarah F. Tempel By: ��/I � 1-�w� Nai11e: Sarah F. Tempel Title: Property Owne • Date: �• � / . L � Tiei• II Easement Encroaclunent Agreement Page 9 of 13 Revised 12/2022 STATE OF T��(�}S § COUNTY OF § BEFORE ME, the undersigned authority, a Notary Public in and for the State of T�X , on this day personally appeai•ed W. Fon-est Tempel, Property Owner lcnown to me to be the persons whose names are subscribed to the foregoing instrument, and acicnowledged to me that he, and she, executed the same for the purposes and consideration therein expressed, as the act and deed, and in the capacity therein stated. GIVEN LTNDER MY HAND AND SEAL OF OFFICE this �� day of 5E ,�� (3�I� 2024. . ��PYpv��i JOJO DOWDEN , � � lP,.... d �� ( :�°,:' :sNotary Public, State of Texas '�':�°Q; Comm. Expires 01-23-2025 ''.'F oF �':� Notary Public in and for the �� Notary ID 126782043 � � State of ��f�(S Tiei• II Easement Enci•oacluue�tt Agreement Page 10 of 13 Revised l2/2022 STATE OF �r.� !� COUNTY OF /� `� � BEFORE ME, the undersigned authority, a Notaiy Public in and for the State of 1 CX S, on this day personally appeared Sai•ah F. Tempel, Properry Owner 1<nown to ine to be the peisons whose names are subscribed to the foregoing instruinent, and acicnowledged to ine that he, and 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 � q day of S�. �Eli/t �� 2024. � Notary Public in and for the State of ��(�S Tier II Easement Enci•oaclw�ent Agreement `�O`��''� JOJO DOWDEN ,�pRY Pv�(�/ _ x;'�: � s Notary Public, State of ''axas =;�9�,,,,��+`; Comm, Expires 01-23•2�77.5 � ��ii��`` NOtefy ID 126782043 � i; Page 11 of 13 Revised l2/2022 EXHIBIT A Depiction and description of the Enci•oachment Tier II Easement Encroaclunent Agreement Page 12 of 13 Revised 12/2022 ��0�0� �� o�� f� ��P�O��( ��f�� I�VI�I� �� o� ��V��a9�� , C�I�cQs 5� I��s4 C�ig�l�nds �'nl�/ �� O�Q �� P'�Pi$ ��LEti$�/� T �X�I� BASIS OF BEARINGS: SOUTH BOUNDARY LINE OF LOT A—R-2R1C AS SHOWN ON PLAT RECORDED IN CC# D222236377, O.P.R.T.C.T. LEGAL DESCRIPTION C�� II.�� r��r��9 II��o � F. �. �ox 61� Fort �lorth, '�ex�s 76115 (81� 920-7600 T.B.P.L.S. FIRM Nb. 10111800 CLS JOB No. 22-0041 * N 0 T E * ALL SUB,�ECT PROPERTY BOUNDARY LINE BEARINGS AND DISTANCES ARE PLAT & ACTUAL UNLESS OTHERWISE NOTED HEREON. BEING a 2—foot wide strip of land across Lot A—R-2R1C, Block 52, Forest Highlands, an addition to the City of Fort Worth, Tarrant County, Texas according to the plat recorded in Clerk�s File No. D222236377 of the Official Public Records of Tarrant County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a point in the South boundary line of said Lot A—R-2R1C, being the North boundary line of Lot 13, Block 52, Forest Highlands, an addition to the City of Fort Worth, Texas, according to the plat recorded in Volume 364, Page 393 of the Plat Records of Tarrant County, Texas, lying N 89' 04' 15" W, 68.89 feet along said boundary line from a 1/2—inch iron rod found at the Southeast corner of said Lot A—R-2R1C, said iron rod also being the Southwest corner of Lot A—R-1, Block 52, Forest Highlands, an addition to the City of Fort Worth, Texas, according to the plat recorded in Cabinet B, Slide 383 of the Plat Records of Tarrant County, Texas; THENCE N 89' 04' 15" W, 4.68 feet along the common boundary line between said Lot A—R-2R1 C and said Lot 13 to a point lying on a Curve to the Right; THENCE NORTHEASTERLY, 27.11 feet departing said boundary line and along said Curve to the Right, having a radius of 179.50 feet, a central angle of 08' 39' OS" and a chord bearing N 69' 15' 32" E, 27.08 feet to a point at the End of said Curve, lying in the North line of a 10—foot wide Drainage Easement according to the plat recorded in Clerk's File No. D222236377 of the Official Public Records of Tarrant County, Texas; THENCE S 89' 04' 15" E, 7.15 feet along the North line of said Easement to a point on a Curve to the Left; THENCE SOUTHWESTERLY, 29.43 departing said Easement line and along said Curve to the Left, having a radius of 177.50 feet, a central angle of 09' 29' 54"'and"a chord bearing 5 71' 02� 20��W, 29.39 feet to the PLACE OF BEGINNING, containing 56 square feet of land. �'�� F TF P, �Z S T fR .,-J- �i : Q4' � `�O :9N ................................ RONALD W. COOMBS ................................... �'O 5294 Q : 9�� F S U R � k,�o SHEET 1 OF 2 �� /�� o��a�� r��r� ��o�� vi�� a�� L�mt /��V��'��, [�I�S 5� f�mr�s$ big0�l�nds ��/ O� �OV'Q �OP�� I��UIOV`�P9t COLE�9$�, �'�X�� BASIS OF BEARINGS: SOUTH BOUNDARY LINE OF LOT A—R-2R1C AS SHOWN ON PLAT RECORDED IN CC# D222236377, O.P.R.T.C.T. LEGAL DESCRIPTION C:��mm�� I�� r��9 IIm��o � F. �. �ox 6160 Fort �/ort�, '�ex�s 76115 (81'n 92t)-760� T.B.P.L.S. FIRM P�lo. 10111800 CLS JOB No. 22-0041 * N 0 T E * ALL SUBJECT PROPERTY BOUNDARY LINE BEARINGS AND DISTANCES ARE PLAT & ACTUAL UNLESS OTHERWISE NOTED HEREON. BEING a 2—foot wide strip of land across Lot A—R-2R1C, Block 52, Forest Highlands, an addition to the City of Fort Worth, Tarrant County, Texas according to the plat recorded in Clerk's File No. D222236377 of the Official Public Records of Tarrant County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a point in the South boundary line of said Lot A—R-2R1C, being the North boundary line of Lot 13, Block 52, Forest Highlands, an addition to the City of Fort Worth, Texas, according to the piat recorded in Volume 364, Page 393 of the Plat Records of Tarrant County, Texas, lying N 89' 04' 15" W, 68.89 feet along said boundary line from a 1/2—inch iron rod found at the Southeast corner of said Lot A—R-2R1C, said iron rod also being the Southwest corner of Lot A—R-1, Block 52, Forest Highlands, an addition to the City of Fort Worth, Texas, according to the plat recorded in Cabinet B, 51ide 383 of the Plat Records of Tarrant County, Texas; THENCE N 89' 04' 15" W, 4.68 feet along the common boundary line between said Lot A—R-2R1C and said Lot 13 to a point lying on a Curve to the Right; THENCE NORTHEASTERLY, 27.11 feet departing said boundary line and along said Curve to the Right, having a radius of 179.50 feet, a central angle of 08' 39' 08" and a chord bearing N 69' 15' 32" E, 27.08 feet to a point at the End of said Curve, lying in the North line of a 10—foot wide Drainage Easement according to the plat recorded in Clerk's File No. D222236377 of the Official Public Records of Tarrant County, Texas; THENCE S 89' 04� 15" E, 7.15 feet along the North line of said Easement to a point on a Curve to the Left; THENCE SOUTHWESTERLY, 29.43 to the Left, having a radius of chord bearing S 71' 02' 20"W, 56 square feet of land. departing said Easement line and along said Curve 177.50 feet, a central angle of 09' 29' 54��and"a 29.39 feet to the PLACE OF BEGINNING, containing :'�� O F T ST F Ui P2�`G I�f R o 9N ................................ RONALD W. COOMBS ................................... :° 5294 Q: q �' p�F O�•' O ,I,O.,fS�S1 �y suR� SHEET 1 OF 2 �� c�� G� �t��f��f �f�VV�I� ��f�Vl�l� �cu�� 04 ��V�� C, �1�4s 5� �m�s$ �Ilgh�mnc�� bQ�/ � ��I� �O('Q�� i��n� �oa��iky, ��x�� BASIS OF BEARINGS: SOUTH BOUNDARY LINE OF LOT A—R-2R1C AS SHOWN ON PLAT RECORDED IN CC# D222236377, O.P.R.T.C.T. � \ \ � \ \ \ \ � � � \ \ � � � � � � \ � � \ � � \ � � \� \ � LOi A-R-2R1 C, �LOCOC 52 � FOREST HIGHLAPVDS � CC# D222236377 � � O.P.R.7.C.7. \ \� � �s \\ � �i3`. � �Gaf \ \ 9 \ ��% � \ �� \ A �a�, � �°'�`- � � �`�� -�v \\ \ '?' `'�' �' \ ;,�'��'� �� C�� I�� r��r��9 IImc�o � l�. �. �ox 6160 FoY4 �iorth, �'exea 76115 (81'n 920-7600 T.B.P.L.S. FIRM No. 10111800 CLS JOB No. 22-0041 * N 0 T E * ALL SUBJECT PROPERTY BOUNDARY LINE BEARINGS AND DISTANCES ARE PLAT & ACTUAL UNLESS OTHERWISE NOTED HEREON. \ 1/2"IRF"RPLS 5294" � \ \ � ' �'��'�`�?� \ �`�'�� e \ �� " 10� DRAINAGE ES�MT.— \� CC# D222236377 \\ O.P.R.T.C.T. \ 5' BUILDING LINE CC# D222236377 O.P.R.T.C.T._ _ � - SCALE: 1 " = 20' c�I�DG$VL� I�a��DS �C��'�(I �'0 '0 ��.��° ��.1 � ° (C� 1 �7e��° ag.43° L07 14 �C��i � �� C� �� °3�°��°° ��.m�° 9°�J°54m ��.3�° ss —_ 10' DRAINAGE ES'MT. CAB. B, SL. 383 O.P.R.T.C.T. 1 /2"IRF LOY 15 �C�.[��OPt�� I� C�°1�°��WI� a� �� 6�6� MM SHEET 2 OF 2 CONC. �— \ — � � `, \ SSMH �,/ � ��°�°� �°0� �.�° PLACE OF� BEGINNING L07 13 1 s. �� G �o�� <�i .� �� tic ��`�s �� '�2F \ \ \ � �� OF T P,°v1STf �9 �r�`` � RFo�.�n �RONALD �W��COOMBS .` ; � ...5294....e. .�. ��FSURv��v LOY e�. R-1, �LOCE� 52 FORESi HIGHLANDS C�. �, SL. 383 P.R.T.C.T. 10' PRIVATE SANITARY SEWER ES'MT. CC# D224074776 O.P.R.T.C.T. � ��o�o� �JW�s � � �.1 g° _ _ — � � SS � � f — ' ---_� ,1 � , — �� / � �iV 89°04''i5°'W 68.89' — — — ENCROACHMENT AGREEMENT 56 S.F. BL�K 2 FORESi HIGFILAP�lDS VOL. 364, PG. 393 P.R.i.C.Y. * ��VC� `��L� * NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. PRIVATE SANITARY SEWER EASEMENT THE STATE OF TEXAS COUNTY OF TARRANT KNOW ALL BY THESE PRESENTS THAT, Clayton Davis Farrell and Hagan Leanne Farrell, (Grantors), of the County of Tarrant, State of Texas, for and in consideration of TWO DOLLARS, and other good and valuable considerations paid by the W. Forrest Tempel and Sarah F. Tempel, (Grantees), of Tarrant County, receipt of which is hereby acknowledged, does hereby grant, bargain and convey to Grantee, its successors and assigns, a PRIVATE SANI7ARY SEWER EASEMENT and the right to construct, reconstruct and perpetually maintain a sanitary sewer service line, together with all necessary appurtenances thereto, and with the right and privilege at any and all times, to enter said premises, or any part thereof, as is necessary to the proper use of any other right granted herein, and for the purpose of constructing, reconstructing and maintaining said saintary sewer service line, and for making connections therewith, in, upon and across that certain tract or parcel of land in Fort Worth, Tarrant County, Texas, being described as follows: EXHIBIT "A" attached hereto and made a part hereof. TO HAVE AND TO HOLD the same unto the Clayton Davis Farrell and Hagan Leanne Farrell, their successors and assigns. WITNESS OUR HANDS, this the 3� day of � �.. , 2024. .`� . Cla on Davis F• rreil �iuh�l �...1 l � G . :L �� STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, in and for said County, on this day personally appeared. Clayton Davis Farrell and Hagan Leanne Farrell, (Grantors), known to me to be the E�ersnna whose names are subscrlbed to the foregoing instrument, and acknowledged to me ihc,t t;�ey executed the same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the � day of _� L, 202=4. �„""�,, JOJO DOWDEN � �41RY p�0�4 ai4/ �; Notery Public, Stete o1 Texas = t - o blic in an for The S ate of ��exas ^.,�':�J;c Comm. Explres O7•23•2026 ;.� •��.,,�� Commission Expires: o„a�„r Notery ID 1287820A3 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII I IIIIIIIIIIIIIIIIIIIIIIIII D224074776 �� 0810112024 09:58 AM Pngo; 1 0( 4 Fone: j2B.00 M4RY LO1119E NICHOL30N AFFIDAVIT COUNTY CLERI( SUBMITTER: SARAH TEMPEL EJCHIBIT 'A' �o° �a�evA�� s�i��v S�WE� EAS�Pv9EiV7 across Lo4 A-R-2FZ9C, Black 52 Fores4 Hlghlands City of Fort Worth, i�rt�an4 Caunty, iexas BASIS OF BEARINGS: SOU1H BOUNDARY LJNE OF LOT A—R-2R1C AS SNOYM ON PIAT RECORDED IN CC� D222236377, O.P.R.T.C.7. LEGA� DESCRIPTION �1�� IL��I 5��9 Il�n�o P. O. Box 6160 Fart WcatL, Texea 76 15 (81� 41A-7600 T.B.P.L.3. FIRM No. 10111800 CLS JOB No. 22-0041 *NOTE• ALL SUBJECT PROPERiY BOUNDARY LINE BEARINGS AND DISTANCES ARE PLAT & AC1l1AL UNLE55 OTHERWISE NOTED HEREON. BEING a 10—foot wide strip of land across Lot A—R-2R1C, �lock 52, farest Highlands, an addition to the City of Fort Worth, Tarrant County, Texas according to the plat recorded in Clark's File No. D222236377 of the Official Public Records of Torrant Counly, Texas and being more particularly described by metes and 6ounds as follaws: BEGINNING at a point in ihe South boundary line of said Loi A—R-2R1C, being the North boundory line of Lot 73, Block 52, Forest Highlands, an addition to the City of Fort Worlh, Texas, according to the plat recorded in Volume 364, Page 393 of the Plat Records of Tarrant County, Texas, lying N 89' 04' 15" W, 58.70 feet along said boundory line from a 1/2—inch iron rod found at the Southeast corner of said Lot A—R-2R1C, said iron rod also being the Southwest corner of Lot A—R—i, Block 52, Forest Highlands, an addition to the Cily of Fort Worth, Texas, according to the plat recorded in Cabinet B, Slide 383 of the Plat Records of Tarrant County, Texas; TNENCE N 89' 04' 15" W, 23.61 feet along the common boundary line between said Lot A—R-2R1C and said Lot 13 to a point lying on a Curve to the Right; THENCE NORTHEA57ERLY70.48 feet deporting said boundary Iine and along said Curve to the Right, having a radius of 183.50 feat, a central angle of 22' 00' 21" and a chord bearing N 73' 28' 54" E, 70.05 feet fo o point af the End of said Curve, lying in ihe Easterly boundary line of aforesaid Lot A—R-2RiC, being the Westerly boundary line of aforesaid Lot A—R-1; THENCE S 35' 27' 46" E, 11.65 feet along the common boundary line betwecn said Lots A—R-2R1C and A—R-1 to a point lying on a Curve to the Left, frorn wfiich a 1/2—inch iron rod found at the Southeast corner of said Lot A—R-2R1C and the Southviest comer of said Lot A—R-1 beors S 35' 27' 46" E, 14,Ah feet; THENCE SOUiHYI[STERLY, 51.65 feet depariing said boundary Iine ond olong aaid Curve to the Lefl, having a radius of 173.50 feet, a central angle of 17' 03' 24"and"a chord bearin9 S 77' 52' 39"'W, "1,46 (eet to the PLACE OF DEGINNING, contoining 615 square feet of land, �E. � F� . TF �`P 4.�15 r£RF Y Q� � O�,N :....................... �.:... � RONALD Y7. C006185 ..... �...... �........ � �.... �....... �'O 5294 P,� Q. 9��'��f S S ��{� � SURv� �,.� l'_sa�� '—� SNELT 1 OF 2 EXHIBIT'A' 10' PF31VA'f� SP�9BTARY SEWER EASEAAENT across Lot A-R-2R1 C, �lock 52 Forest Hlghlands c�y or Fart wo�r,, Tarrent Coun4y, "iexea BASIS OF DEARINGS: SOUTH �OUNDARY L1NE OF LDT A—R-2R1C AS SHOWN ON PLAT RECORDED IN CCR D222236377, O.P.R.T.C.T. mtnlb� IL��I ��rn�, I[��o P. O. Bex 6160 Fort Wotth, To�ces 76115 (81� 920-760D T.B.P,LS. FIFUA No.101118G0 CLS JOB No. 22-0041 ' N 0 T E � ALL SUBJECT PROPERTY BOUNDARY LINE BEARINGS AND DISTANCES ARE PLAT & �CiUAL UNLE55 OTHERWISE NOTED HEREON. \ \\\ \ � \ \ � � � \ � \ \ \ \� � \ � � \ � \ 1/2°IRF"RPLS 5294� �� \ \� \ � � \\ � LOT A-R-2R1C, BLOCK b2 � � FOREST HIGHLANDS \ \ � CC1k D222238377 � � O.P.R.T.C.T. \ s. \� � '�r. �� o 0 6 \ '�s�. \ � m \ P `'� yc � � � o`'m ,� �\ no� �\ °oo�oP T �,c` � 9 �, \ �\ .oP�PN �\ �' `'�w� c \ \ � � ��'�`��, ��'�� , � 1 0' P R 1 V A T E \ �w�?,� \ a� � SAN I TARY \ ;�, \ ��SEWER ES'MT. 10' ORAINAGE ES'MT. \ � � 615 S,F, CC� D222236377 � � J' O.P.R.T.C.T. \ \ _ \�\ is�\/ /`��/ '^ 5' BUILDING IJNE �' CG� D222238377 �r_ _ SCALE: 1" = 20' --� �189°04''i 5"W 23.6'i' LOT 13 PLACE OFL BEOINNINQ LOT 14 11.65' S 35°2Td8'E — —1h.4d'— 10� CRAINAGE ES'A1T. CAD. B, SL. 38J U.P,R.T C.T. �%2"�RF � LOT �5 BLOCK 2 I � FOREST HIGHLANDS VOL. 384, PG. 383 I I P.R.T.C.T. ` CURVE iP�LE' CIJRVE RADIUS LEi�GYH DEL7A Ch90�tD CH.E3�.Q,�FiIPdC C1 183.50' i0.4B' 22°00'29' 70.05' N 73°2B'64°� C2 173.50' 51.85' 17°03'24" 59.48' S 77°52'39`W s��EEr z or z �'�cR t+� f� 9NI ,. ..............:.... W. COOMBS , .. ................... 5294 v.,�. LOT A-R-1, BLOCK 52 FOREST HIGHLANDS CAB. B, SL 383 P.R.T,C,T. r r --,�y_ _ 1.r�- N 89° 16'W 68.70' � EXHIBIT B Certificate of Insurance Tiei• II Easement Encroaclui�ent Agi•eement Page 13 of 13 Revised 12/2022 (`�`: ', - � 3 I ;—1 p ; Insured Name and Address: William Forrest Tempel 3318 AVONDALE, FORT WORTH, TX, 76109-1005 Policy Status: ACTIVE Coverage Summary As of Sep 18, 2024 Policy Number: 1 1 6038661 3 Policy Term: 08/15/2024 - Oa/15/2025 Issued By: CHUBB LLOYDS TEXAS Premium Summary Coverage Coverage Type 331 S AVONDALE Home & Contents FORT WORTH TEX 76109 5940 FOREST PARK ROAD APT 40Ai�me & Contents DALLAS TEX 75235 Jewelry Personal Articles Floater Fine Arts Personal Articles Floater $1,071.00 $62.00 Total: $12,618.00 Home & Contents Coverage 3318 AVONDALE, FORT WORTH, TEX 76109 Limits: Total Coverage AmountlHome : $2,163,000 Liability Amount : $500,000 Coverage Details: Coverage TypelHome : DELUXE Total Coverage AmounUContents : $1,297,800 Total Additional Structures Coverage Amount : $432, 600 Coverage Type/Contents : STANDARD Page 1 of 3 Additional/Return Premium Premium $11,412.00 $73.00 Payment Basis/Home : EXTENDED Liability Coverage : PRIMARY Medical Payments : $25,000 Payment Basis/Contents : Replacement Cost Contents Property Type : HOUSE Deductibles: Clause 1 Deductible : 1.0% Clause 2 and 3 Deductible : $5,000 Additional Details: Location Details: • Construction Type BRICK • Fire Hydrant Within 1000 Feet of the Residence • Fire Station Within 5 Miles • Roof Covering Type WOOD Surcharges: • Replacement Cost Surcharge on Personal Property Other: • Roof Covering Class • Roof Covering Credit • Texas Platinum Program • Year Roof Installed 4 2009 Home & Contents Coverage 5940 FOREST PARK ROAD APT 4073, DALLAS, TEX 75235 Limits: Liability Amount : $500,000 Coverage Details: Liability Coverage : PRIMARY Medical Payments : $25,000 Property Type : RENTAL Page 2 of 3 Additional Details: Other: • Number of units 75 Personal Articles Floater Coverage Jewelry Limits: Total Coverage : Itemized Coverage : $57,858 $57,858 Coverage Details: Coverage Type : Personal Articles Floater Personal Articles Floater Coverage Fine Arts Limits: Total Coverage : Itemized Coverage : $35,950 $35,950 Coverage Details: Coverage Type : Personal Articles Floater Disclaimer: The summaries shown above are provided for general informational purposes only and do not alter or modify the terms of any insurance provided. Coverage is subject to the language of the policies as actually issued. Page 3 of 3