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Home My WebLink AboutZBA 2019-05-23 Agendas k4Ft, D HILLS CITY OF NORTH RICHLAND HILLS ZONING BOARD OF ADJUSTMENT AGENDA 4301 CITY POINT DRIVE NORTH RICHLAND HILLS, TX 76180 THURSDAY, MAY 23, 2019 WORK SESSION 6:30 PM Held in the City Council Work Room, Third Floor A. CALL TO ORDER 1. Planning Director Report 2. Discuss items from the requiar Zoning Board of Adjustment meetinq. REGULAR MEETING: Immediately following the work session (but not earlier than 7:00 PM) Held in the City Council Work Room, Third Floor A. CALL TO ORDER A.1 PLEDGE B. MINUTES B.1 Approve Minutes of the April 30, 2019, Zoning oard of Adjustment Meeting. C. GENERAL ITEMS C.1 BA 019-04 Public hearing and consideration of a request from Matt Latham for a variance to Section 118®873(c} (�creeninq wall and fence criteria) of he North Richland Hills Zoning ordinance at 736 Bursey Road, being 0.466 acres described as Lot 2R2, Block 1, ouble Ranch Addition. Thursday, May 23, 2019 Zoning Board of Adjustment Agenda Page 1 of 2 D. ADJOURNMENT Certification I do hereby certify that the above notice of meeting of the North Richland Hills Zoning Board of Adjustment was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas Government Code on Friday, May 17, 2019, by 3:00 PM. Clayton Husband, AICP Principal Planner This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817-427-6060 for further information. Thursday, May 23, 2019 Zoning Board of Adjustment Agenda Page 2 of 2 r4RH NORTH RICHLAND HILLS ZONING BOARD OF ADJUSTMENT MEMORANDUM FROM: The Office of the City Manager DATE: May 23, 2019 SUBJECT: Planning Director Report PRESENTER: Clayton Comstock, Planning Director GENERAL DESCRIPTION: Staff will report on general announcements related to upcoming events and development activity in North Richland Hills and items of general interest to the Board. r4RH NORTH RICHLAND HILLS ZONING BOARD OF ADJUSTMENT MEMORANDUM FROM: Planning & Zoning Department DATE: May 23, 2019 SUBJECT: Discuss items from the regular Zoning Board of Adjustment meeting. PRESENTER: Clayton Comstock, Planning Director SUMMARY: The purpose of this item is to allow the Zoning Board of Adjustment the opportunity to discuss any item on the regular Zoning Board of Adjustment agenda. GENERAL DESCRIPTION: The purpose of this item is to allow the Zoning Board of Adjustment the opportunity to inquire about items that are posted for discussion and deliberation on the regular Zoning Board of Adjustment agenda. The Board is encouraged to ask staff questions to clarify and/or provide additional information on items posted on the regular agenda. r4RH NORTH RICHLAND HILLS ZONING BOARD OF ADJUSTMENT MEMORANDUM FROM: Planning & Zoning Department DATE: May 23, 2019 SUBJECT: Approve minutes of the April 30, 2019, Zoning Board of Adjustment meeting. PRESENTER: Clayton Comstock, Planning Director SUMMARY: The minutes are approved by majority vote of the Board at the Zoning Board of Adjustment meetings. GENERAL DESCRIPTION: The Planning and Zoning Office prepares action minutes for each Zoning Board of Adjustment meeting. The minutes from each meeting are placed on a later agenda for review and approval by the Board. Upon approval of the minutes, an electronic copy will be uploaded to the City's website. RECOMMENDATION: Approve minutes of the April 30, 2019, Zoning Board of Adjustment meeting. MINUTES OF THE WORK SESSION AND REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICHLAND HILLS, TEXAS HELD IN THE CITY HALL 4301 CITY POINT DRIVE APRIL 30, 2019 Council Workroom WORK SESSION A. CALL TO ORDER The Zoning Board of Adjustment of the City of North Richland Hills, Texas met in work session on the 30th day of April, 2019, at 6:30 p.m. in the City Council Work Room prior to the 7:00 p.m. regular session. Present: Tom Duer Place 5, Chairman Jim Kemp Place 1 Bill Gibbs Place 6 Doris Elston Place 7 Steve Koons Place 3, Alternate Absent: Fonda Kunkel Place 4 Thomas Clemmons Place 2, Alternate City Staff: Clayton Husband Principal Planner John Chapman Planning Technician Rayneice Jones Code Compliance Officer Chairman Tom Duer called the work session to order at 6:31 p.m. 1 PLANNING DIRECTOR REPORT Principal Planner Clayton Husband provided an update on City Council approved projects, development activity, and City announcements. 2 DISCUSS ITEMS FROM THE REGULAR ZONING BOARD OF ADJUSTMENT MEETING. Principal Planner Clayton Husband discussed item C.1 on the agenda with the Board and asked for questions. April 30, 2019 Zoning Board of Adjustment Meeting Minutes Page 1 of 6 The Board and Mr. Husband discussed the required length for new driveways. Alternate Board Member Steve Koons and Mr. Husband discussed the Board's history of granting a variance from the required covered parking standards. Mr. Husband stated the Board's history does not set a precedent for all cases but was not aware of the Board denying a similar request in the past. Principal Planner Clayton Husband discussed item C.2 on the agenda with the Board and asked for questions. Chairman Tom Duer and Mr. Husband discussed if there are other options where the refuse container and screening wall could be located that would meet existing development standards. Chairman Duer adjourned the work session at at 6:56 p.m. REGULAR MEETING A. CALL TO ORDER Present: Tom Duer Place 5, Chairman Jim Kemp Place 1 Bill Gibbs Place 6 Doris Elston Place 7 Steve Koons Place 3, Alternate Absent: Fonda Kunkel Place 4 Thomas Clemmons Place 2, Alternate City Staff: Clayton Comstock Planning Director Clayton Husband Principal Planner John Chapman Planning Technician Rayneice Jones Code Compliance Officer Chairman Tom Duer called the meeting to order at 7:01 p.m. PLEDGE OF ALLEGIANCE Chairman Tom Duer led the Pledge of Allegiance to the United States flag. B. MINUTES April 30, 2019 Zoning Board of Adjustment Meeting Minutes Page 2 of 6 B.1 APPROVE MINUTES OF THE JANUARY 24, 2019, ZONING BOARD OF ADJUSTMENT MEETING. APPROVED A MOTION WAS MADE BY BOARD MEMBER JIM KEMP, SECONDED BY BOARD MEMBER BILL GIBBS TO APPROVE MINUTES OF THE JANUARY 24, 2019, ZONING BOARD OF ADJUSTMENT MEETING. MOTION TO APPROVED CARRIED 5-0. C. GENERAL ITEMS CA BA 2019-02 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM AGUSTIN AND MERCEDEZ AVALOS FOR A VARIANCE TO SECTION 118-833 OF THE NORTH RICHLAND HILLS ZONING ORDINANCE AT 4604 MACKEY DRIVE, BEING 0.214 ACRES DESCRIBED AS LOT 14, BLOCK 7, SKYLINE HOMES ADDITION. APPROVED Chairman Tom Duer reviwed the procedures, rules, and regulations of the Zoning Board of Adjustment. He noted that Alternate Board Member Steve Koons is a voting member of the Board tonight due to the absence of Board Member Fonda Kunkel. Chairman Duer introduced the item, and called for Principal Planner Clayton Husband to introduce the request. Mr. Husband introduced the request. Chairman Duer called for the applicants to come forward and present the request. Chairman Duer swore in the applicants prior to their presentation. Agustin and Mercedes Avalos, 4604 Mackey Drive, North Richland Hills, Texas 76180, stated the reason why they are requesting the variance to the required covered parking requirement is to retain a previously converted garage that is partially used for physical therapy and medical care for their child. The applicants stated due to a financial hardship, pouring a concrete driveway to the rear of the property and constructing two new covered parking spaces is not feasible. Board Member Bill Gibbs asked the applicants if the garage was converted prior to purchasing the residence. The applicants stated yes, that the garage was converted April 30, 2019 Zoning Board of Adjustment Meeting Minutes Page 3 of 6 prior to purchasing the residence. Chairman Duer asked the applicants if granting a variance to allow construction of a carport in front of the garage is possible. The applicants stated they cannot build a carport in front of the garage due to existing development standards. Chairman Duer called for anyone wishing to speak for or against the request to come forward. There being no one wishing to speak, Chairman Duer closed the public hearing. Chairman Duer called for Mr. Husband to present the staff report. Mr. Husband presented the staff report. Chairman Duer asked Mr. Husband if the Board could postpone a decision on the required parking to provide the applicants enough time to investigate a more feasible option to construct a carport in front of the garage. Mr. Husband stated the requested variance could be approved with conditions. Chairman Duer asked Mr. Husband if a variance could be granted to allow a carport to encroach the front build line. Mr. Husband stated if a new application and hearing would be required to consider a carport since it is not part of the variance request. Board Member Jim Kemp asked Code Enforcement Office Rayneice Jones to discuss how the converted garage was discovered. Ms. Jones stated a resident reported the violation. Chairman Duer asked Mr. Husband if we knew of any other detached garages. Mr. Husband stated it appears there are accessory buildings in some rear yards. Board Member Gibbs asked Mr. Husband if conditions could be placed on the applicant to permit a variance to the covered parking requirement for a period of time to allow the applicants time to either construct two additional covered parking spaces or convert garage back to a garage. Planning Director Clayton Comstock reminded the Board of the four findings for variance approval used by the Board when exercising its power. April 30, 2019 Zoning Board of Adjustment Meeting Minutes Page 4 of 6 A MOTION WAS MADE BY BOARD MEMBER JIM KEMP, SECONDED BY BOARD MEMBER DORIS ELSTON TO APPROVE BA 2019-02 AS PRESENTED. MOTION TO APPROVED CARRIED 5-0. C.2 BA 2019-03 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM NORTH TEXAS SURGICAL SPECIALISTS FOR A VARIANCE TO SECTIONS 118-831, 118-833, AND 118-874 OF THE NORTH RICHLAND HILLS ZONING ORDINANCE AT 6901 DAVIS BOULEVARD, BEING 0.5749 ACRES DESCRIBED AS LOT 23R, BLOCK 1, W. E. ODELL ADDITION. APPROVED Chairman Duer introduced the item, and called for Principal Planner Clayton Husband to introduce the request. Mr. Husband introduced the request. Chairman Duer called for the applicants to come forward and present the request. Chairman Duer swore in the applicants prior to their presentation. Rob San Miguel and Jay Patel, with North Texas Surgical Specialists, 6901 Davis Boulevard, Suite 100, North Richland Hills, Texas 76182, stated the variance is being requested due to a code violation requiring the refuse container on site to be enclosed. Mr. San Miguel stated they applied for residential service with Republic Waste and were denied. Mr. San Miguel stated the businesses need trash service and a refuse container on site, however they cannot construct the refuse enclosure under current development standards due to existing development constraints. Chairman Duer asked if the parking lot is ever filled to capacity. The applicants stated the parking lot could be full on certain days. Chairman Duer called for anyone wishing to speak for or against the request to come forward. There being no one wishing to speak, Chairman Duer closed the public hearing. A MOTION WAS MADE BY ALTERNATE BOARD MEMBER STEVE KOONS, SECONDED BY BOARD MEMBER JIM KEMP TO APPROVE BA 2019-03 AS PRESENTED. MOTION TO APPROVE CARRIED 5-0. April 30, 2019 Zoning Board of Adjustment Meeting Minutes Page 5 of 6 D. ADJOURNMENT Chairman Tom Duer adjourned the meeting at 7.52 p.m. Tom Duer, Chairman Attest: Marrk Callier, Management Assistant April 30, 2019 Zoning Board of Adjustment Meeting Minutes Page 6 of 6 r4RH NORTH RICHLAND HILLS ZONING BOARD OF ADJUSTMENT MEMORANDUM FROM: Planning & Zoning Department DATE: May 23, 2019 SUBJECT: BA 2019-04 Public hearing and consideration of a request from Matt Latham for a variance to Section 118-873(c) (screening wall and fence criteria) of the North Richland Hills zoning ordinance at 7236 Bursey Road, being 0.4626 acres described as Lot 2R2, Block 1, Double K Ranch Addition. PRESENTER: Clayton Husband, Principal Planner SUMMARY Matt Latham is requesting approval of a variance to the screening wall and fence criteria to allow construction of a four-foot tall front yard fence with a driveway gate on 0.4626 acres of land located at 7236 Bursey Road. BACKGROUND INFORMATION The property is located on the south side of Bursey Road between Londonderry Drive and Douglas Lane. The lot is 20,151 square feet (0.4626 acres) in size. The owners constructed a new 3,529-square-foot residence on the property in 2018. On January 3, 2019, the applicant's fence contractor applied for a fence permit to construct a four-foot tall ornamental metal fence with a driveway gate in the front yard of the property. During the review of the application, it was determined that the proposed fence was not permitted by the zoning ordinance, as the property does not satisfy the criteria to allow a fence to be located in the front yard. The applicant was advised that a fence could not be constructed between the house and the front property line as the lot does not have at least 100 feet of street frontage. The code permits a fence to be constructed between the front corners of the house and the side property lines. Rather than relocate the fence the applicant has submitted an application for variance. The variance application and supporting materials are attached. The materials include a copy of the application explaining the reasoning for the variance request, a survey of the lot, and a plot plan showing the proposed improvements to the property. An analysis of the request and relevant codes is below. ANALYSIS The applicant proposes to construct a four-foot tall ornamental metal fence along the front property line. The fence would include a driveway gate and a pedestrian gate. The lot in r4RH NORTH RICHLAND HILLS question is 88.30 feet wide at the front property line, 335 feet deep, and has a 25-foot front building line. The property is zoned R-1 Single-Family Residential. The variance request is related to the front and fence standards contained in Section q Y Section 11 11cc Q of the zoning ordinance. The zoning ordinance further defines front yard as "the area extending across the entire width of the lot and situated between the front lot line and the most extreme corners of the building." The design of front yard fences is conditioned on the following standards- 1. The property must have at least 100 feet of street frontage. 2. The fence must not exceed four feet in height. However, a fence may be up to six feet in height if the property has at least 200 feet of street frontage. 3. The fence must be ornamental metal material, and may have brick or stone columns. The columns must be spaced 20 to 50 feet apart and not exceed four feet in height. 4. Private entry driveway gates may be permitted as part of a front yard fence. The gates must be set back at least 20 feet from the property line to accommodate on-site queueing of one vehicle. The owner is requesting a variance from the street frontage standards. The code requires that the property have at least 100 feet of street frontage. The existing lot has 88.30 feet of street frontage. The exhibit below shows the proposed and allowed locations for the construction of the four-foot tall ornamental metal fence on the property. PROPOSED MR ALLOWED N DOME 53,E M eS' .t/,. /Jr+-,// �{, / ,fp-r/ •`"a7� / UP '1'8 'A^C MI -}f �EXISTING G7y SIDEWAL K , t t— /u ✓✓/, VAkral?.:.E /r/r r / // / / ✓ / / I ( EXISTING LTIUTY 1/r �'rr///r EASCnENT fr r.r///r/r/�F/!✓/ r/ /r fJNC-sTaR'f :,'..•. r f / / J / /r'/ / /! // / ✓ / // // PPAMElBpiCH ^.'.. WW '� i f /�/ r //// r////f/ / ✓ /////rr r/r/r/ // RE.5IDENGE t WALR `s 9 /��/,i //✓/r/r//r r r f�rri-.iv^,'za•aAK /,, /,: //f/ �.fi! ,u ��/ / r / r/ r ✓ rrrrrrf /✓ rr r � � �` ' �� 725b 8ue5E7 / r ✓ fr .+,friiii r r /y r r // ^r ) �... ! /la,*ONc r r ✓/ /r r // /, f/ / / as-r / / f /✓/ /r rfr rr✓--,r—'-,.—r.r r rff/ :� za_5 e/o^ _. f i^r rrr/jai;z SA f r 2arresrsrzn LOCA710ry AND / r ✓ / / / / : / r!/ ✓rr WIWNGM ✓/ ! ✓ 1 / y �/ f/ /✓rfrr// ///r s r- frr/ / �* _ EXtSTNG r r/ / r r / /" ✓ rrr i r r,r p rz 10E 5 All CWa E V CITY SIDEWALK r r f r / / // // /f /r //✓ r,/ !4-G 5E78 r r /�i r r r/ /✓Lr r / / //t.ter_.:_/r/_.�r�yr.1.�._ —'_---�—""'' 0 zs z rio The lot is partially encumbered by a 50-foot wide ATMOS Energy easement, as there is an existing gas line located on the south side of Bursey Road. There is an approved and recorded encroachment agreement for the driveway and sidewalk. The owner sought and received approval to allow the fence to encroach into the easement, and an email from ATMOS Energy approving the encroachment is attached. r4RH NORTH RICHLAND HILLS For reference, there are existing front yard fences on this 7200-block section of Bursey Road, as noted in the table below. The existence of these fences does not establish a hardship or precedent for the approval or denial of the proposed application. 7300 BURSEY RD Ornamental metal 6 feet 140 feet 7228 BURSEY RD Ornamental metal with masonry columns 5 feet 140 feet 7218 BURSEY RD Ornamental metal 4 feet 104 feet 7212 BURSEY RD Ornamental metal 4 feet 104 feet 7206 BURSEY RD Ornamental metal 4 feet 104 feet 7200 BURSEY RD Ornamental metal 4 feet 112 feet For additional reference, the 10 lots contained in the Londonderry Addition on the south side of the 7300 block of Bursey Road have lot widths greater than 100 feet and are eligible for front yard fences. This property at 7236 Bursey Road is therefore the only lot fronting the south side of Bursey Road between Douglas Lane and Londonderry Drive with less than 100 feet of frontage. FINDINGS FOR VARIANCE APPROVAL Section 11 11_ „� „I of the zoning ordinance authorizes the Zoning Board of Adjustment "...to authorize upon appeal, in specific cases, such variance from the terms of [the Zoning Ordinance] as will not be contrary to the public interest and where, because of special conditions, the enforcement of the [Zoning Ordinance] would result in an unnecessary hardship." In exercising it powers to grant a variance, the board of adjustment must make specific findings and show in its minutes that: a. Literal enforcement of the controls will create an unnecessary hardship or practical difficulty in the development of the affected property. b. The situation causing the hardship or difficulty is neither self-imposed nor generally affecting all or most properties in the same zoning district. c. The relief sought will not injure the permitted use of adjacent conforming property. d. The granting of the variance will be in harmony with the spirit and purposes of these regulations. OPTIONS FOR BOARD CONSIDERATION The Zoning Board of Adjustment has the following options on this application. 1. Approve the variance as presented. This action would allow the four-foot ornamental metal fence to be constructed in the front yard as proposed. r4RH NORTH RICHLAND HILLS 2. Approve the variance with conditions. This action would allow the fence to be constructed subject to the owner making modifications to its size, location, or design as directed by the Board. 3. Deny the variance. This action would require the owner to construct the fence to comply with the front yard fence standards. a Ui o N N NO A3lldA O F LO LO oc co r Q M li Q O Oco W W C 0) W a HZ0 C Z O C GC CO 00 0 N v v NI Shc d W � � O pp m Np m a Q o ZQ t, (, LL O N rl- 0 O/ ?e O 7 „ / O ® W ' O „ ® 0) i' i O 00 i III u I / t0 O / ' r LSD k4 FRt H PUBLIC HEARING NOTICE NOKTH KICHL,AND HILLS CASE: BA 2019-04 You are receiving this notice because you are a property owner of record within 200 feet of the property shown on the attached map requesting a Zoning Board of Adjustment. APPLICANT Matt Latham LOCATION 7236 Bursey Rd REQUEST Public hearing and consideration of a request from Matt Latham for a variance to Section 118-873(c) (screening wall and fence criteria) at 7236 Bursey Rd, being 0.4626 acres described as Lot 2R2, Block 1, Double K Ranch Addition. DESCRIPTION Proposed ornamental metal fence in front yard on Bursey Road. PUBLIC HEARING DATE Zoning Board of Adjustments 7:00 PM Thursday, May 23, 2019 MEETING LOCATION City Council Work Room -Third Floor 4301 City Point Drive North Richland Hills, Texas People interested in submitting letters of support or opposition are encouraged to contact the Planning Zoning Department for additional information. Letters must be received by the close of the City Council public hearing. Because changes are made to requests during the public hearing process, you are encouraged to follow the request through to final action by City Council. Planning and Zoning Department 1 4301 City Point Drive - NRH, TX 76180 817-427-6300 1 www.nrhtx.com I planning@nrhtx.com OWNER MAILING ADDRESS CITY, STATE ZIP ELMOR,AARON 7301 WEXFORD CT N RICHLND HLS,TX 76182 GIBSON, DARYL R 7224 BURSEY RD FORT WORTH,TX 76182 GRIGGS, BOB E 7729 LONDONDERRY DR N RICHLND HLS,TX 76182 HAGLUND,JASON 7304 BURSEY RD NORTH RICHLAND HILLS,TX 76182 HERRERA, DAVID 7300 WEXFORD CT NORTH RICHLAND HILLS,TX 76182 LATHAM, MATT 7236 BURSEY RD NORTH RICHLAND HILLS,TX 76182 LOPEZ,JOHNNY 7228 BURSEY RD NORTH RICHLAND HILLS,TX 76182 TREVINO, MARC 7300 BURSEY RD NORTH RICHLAND HILLS,TX 76182 WILHELMSON, PATRICK N 7305 WEXFORD CT FORT WORTH,TX 76182 IMRH NORTH RICHLAND HILLS ZONING BOARD OF ADJUSTMENT SELECT APPLICATION TYPE ❑ Interpretation ❑ Permit for Nonconformity ❑ Discontinuance of Nonconformity 8 Variance DEVELOPMENT INFORMATION Property Address 7236 Bursey Rd. North Richland Hills TX 76182 Legal Description Lot 2R2,CBlock 1 Double K Ranch Addition Current Zoning -S Acreage •4626 Current Use Single Residence OWNER INFORMATION Name Matt Latham Address 7236 Bursey Rd. City North Richland Hills State TX zip 76182 Phone 817-485-5121 Email mdl523@sbcglobal.net For additional owners, please include additional copies of this page. The property owner must sign the application or submit a notarized letter of authorization. REPRESENTATIVE/AGENT INFORMATION Name Address City State ZIP Phone Email CERTIFICATION I certify that the above information is correct and complete to the best of my knowledge and ability,and that I will be fully prepared to present the proposal at a Zoning Board of Adjustment meeting. I reserve the right to withdraw this proposal at any time by filing a written request with the Planning & Zoning Department. �7r 4l18i20ti9 Matt Latham Owner Signature Date Owner Name (print) Agent Signature Date Agent Name (print) 201g Planning&Zoning Department 14301L City Point Drive- NRH 76180 PAGE 1 OF 4 817-427-6300 1 www.nrhtx.com I planning@nrhtx.com fLC-CIO ZONING BOARD OF ADJUSTMENT 1. List the pertinent section(s) of the zoning ordinance and indicate the specific variances being requested. if necessary, use a separate sheet. Section 118-873(c) Front yards. Fences may only be allowed in front yards of property zoned for single-family residential and agricultural uses which have at least 100 feet of frontage on a street. Such fences shall be open air or nonsight-barring fences and shall meet the following standards. I do not have 100' of frontage property. I only have 88'. 2. State the grounds for the request and describe any special conditions that cause hardships that, in your opinion,justify the variance(s) being requested. Examples of special conditions are:topography, creeks, utility lines, irregular lot or tract shapes, etc. The Zoning Board of Adjustment must determine that special conditions exist before making a motion to approve a request. If it is determined that special conditions do not exist, the motion must be to deny the request. If necessary, use a separate sheet. I am requesting the fence in order to safely contain pets and visiting children in the front yard to prevent them from running into Bursey Rd. which is a busy thoroughfare east and west; and to maintain the curb appearance of the residences on either side of the subject property that already have wrought iron fences. When I bought the lot in 2016 and until I began construction on the house in late 2017, a chain link fence had always been on the property. I never thought that replacing the chain link fence with a wrought iron fence would be in violation of city ordinances. I have obtained approval for the wrought iron fence from Atmos energy, per my encroachment agrreement. The request and Atmos' approval is attached. 3. Explain any special circumstances, if applicable, not considered by the zoning ordinance. Examples: (1) if the subdivision plat was approved prior to the current zoning ordinance requirements; or (2) the zoning ordinance was amended or a policy change was adopted after submitting an application for a building permit or other phase of the development process. If necessary, use a separate sheet. 2018 Planning&Zoning Department 1 4301 City Point Drive - NRH 7618o PAGE 2 of 4 817-427-6300 1 www.nrhtx.com I planning*nrhtx.com ZONING BOARD OF ADJUSTMENT APPLICATION SUBMITTAL REQUIREMENTS Applications submitted without original signatures and all required documents and information will not be reviewed, and will be returned to the applicant for revision. Please be sure that all required items are included for the type of application requested. The Zoning Board of Adjustment meets on the fourth Thursday of each month,as needed.The application submittal deadline is 5:00 PM on the last Friday of each month. Applications are scheduled for public hearing at the regularly scheduled meeting in the following month. Zoning Board of Adjustment information is available online in Chapter 118 of the North Richland Mils Code of Ordinances. If you have questions about the application process or any submittal requirements, please call the Planning and Zoning Department at 817-427-6300. SUMMARY OF THE ZONING BOARD OF ADJUSTMENT The Board of Adjustment shall have the powers and exercise the duties of a Board in accordance with Section 211.009 of the Texas Local Government Code. Board members are representatives of the City and shall have the right to inspect premises where required in the discharge of their responsibilities under the laws of the State of Texas and the ordinances of the City of North Richland Hills. The Board's jurisdiction shall extend to and include the hearing and deciding of the following topics of appeals and applications, and to that end shall have the necessary authority to ensure continuing compliance with its decision. The Board of Adjustment, in specific cases,may authorize or order the following: • Interpretation. Hear and decide appeals where it is alleged there is error on any order, requirement, decision, or interpretation of the zoning regulations by the Building Official in the enforcement of this ordinance or a zoning district boundary. In reaching its decision, the Board shall establish firm guidelines for future administrative actions on like matters. • Permits for nonconformity. Authorize a building permit for the reconstruction, extension, or enlargement of a building occupied by non-conforming uses, on the lot or tract occupied by such building, provided such reconstruction does not prevent the potential return of such property to a conforming use. • Discontinuance of nonconformity. Require the discontinuance of non-conforming uses of land or structures under any plan whereby the full value of the structure and facilities can be amortized within a definite period of time,taking into consideration the general character of the neighborhood and the necessity of all property to conform to the regulations of the zoning ordinance. All actions to discontinue a non-conforming use of land or structure shall be taken with due regard to the property rights of the persons affected when considered in light of the public welfare and the character of the area surrounding the designated non-conforming use and the conservation and preservation of the property. The Board may, from time to time on its own motion or upon cause presented by interested property owners, inquire into the existence,continuation,or maintenance of any non-conforming use within the city. • Variances.Authorize upon appeal, in specific cases,such variance from the terms of the zoning ordinance that are not contrary to the public interest,and where, because of special conditions,the enforcement of the ordinance would result in an unnecessary hardship. However, the Board shall not have the power to grant variances from the terms of the zoning ordinance for a change in use not allowed in a district. In exercising it powers to grant a variance, the Board of Adjustment shall make findings and show in its minutes that: a. Literal enforcement of the controls will create an unnecessary hardship or practical difficulty in the development of the affected property. b. The situation causing the hardship or difficulty is neither self-imposed nor generally affecting all or most properties in the same zoning district. c. The relief sought will not injure the permitted use of adjacent conforming property. d. The granting of the variance will be in harmony with the spirit and purposes of the zoning regulations. 2018 Planning&Zoning Department 14301 City Point Drive - NRH 76180 PAGE 3 OF 4 817-427-6300 1 www.nrhtx.com I planningOnrhtx.com ZONING BOARD OF ADJUSTMENT APPLICATION REQUIREMENTS CHECKLIST The following items are required with all applications. ❑ Zoning Board of Adjustment application form ❑ Application filing fee as required by the NRH Fee Schedule ❑ Building permit application o If the request is related to new construction or an addition to a building, a copy of the denied building permit application and plan review comments must be included. ❑ Property map or survey o One paper copy and one digital (PDF)copy of an exhibit that includes the following information. Exhibit should not be larger than 11"x 17". ■ Boundaries,dimensions,and square footage of the property ■ Location and dimensions of all existing and proposed buildings and structures ❑ Additional information a Drawings,photographs,written narratives,and other relevant information may be submitted with the application. 2018 Planning&Zoning Department j 4301 City Point Drive - NRH M80 PAGE 4 of 4 817-427-6300 1 www.nrhtx.com I planning@nrhtx.com LEM DESCRIPTION I fJA+LeOx BURSEY ROAD Let 2R2. Block 1. Double X Ranch Addition, an addition to the City of North (R.O.W. VARIES) Richland Hills, Tarrant County, Taxes, according to the plot thereof recorded in „s qe ire County Clerk's Re No. 021672.0733, of the Map and/or Plat Records, Tarronl 9DESW.N County. Texas. 1/2'IRP./CAP t/x'M a/CAP N 0 T E S [/2'etF BEARS 1. This Land Title Survey Is issued In conjunction with the Commitment for N 0a't I'SJ"E-0.e6' g E slow Title Inwrmca, praparsd by F% American Title Cuoranty Company, C.F. Cq uwN No. 2382903-DFW77, effective data:February 05, 2019. This Land Title — Survey redacts the sle and building Ines along with other documented reslrtcHan s. at el record how thi ecord which ha been reported to s — - _d 2S'I L xc Surveyor in Schedule "S' of said Commitment for This Insurance. Surveyor STORE - hoe performed no additional research for documented restrictions to the U,NSCJIPE WALL, SIDEWALK SO.D' ATMOS ESMT. land srapE VOLUME 3851. PAGE 656 2. The surveyed property Is sub,'ect to the restrictive covenants as recorded WALxWAY I !lG No ENCROACHMENT AGREEMENT In Cabinet A, Slide 8229 end Document Numbers 0211237245 and DOC_ NO. 021BG70960 P.R.T.C.T. 0216120733, In the Public Records of Tarrant County, Texas. CONC. Na (SEE NOTE 9) RETAINWG WAtl. 3. The surveyed property is subject to the terms, conditions. and stipulations e as recorded In Document Number U218070960 in the Public Records of Torrent County, Texas. Ng 4. Al! bearings shown hereon are based an the Plot of Double K Ranch Addition. recorded 1n Document Number D216120733, In the Public FY s 70.5 Records of Torrent County, Texas. o� o r- 1 STORY 5. The Surveyor has not physlsally located any underground utilities and/or G MI SRICx h STONE BUILDING Cape. z O" x JII 93.0' pfTAnwa*ALL 7236 BURSEY ROAD improvements which may be located under or near the subject property. 6. SallY+g a portion of this addition by melee and bounds is o vlolatlan of LL d 11 the city Su"Ivislon Ordinance and Stale platting statutes and is subject Cry to fines and withholding of utilities and building permits. Client is aware a N re-plat will be required in Order to develop this properly. Y N U 7. According to the Flood Insurance Rote Map No. 464390009OK, published by 00 vy ¢U the Federal Emergency Mmogemertt Agency, dated: September 25. 2009. M the surveyed property shown hereon does not tic within any special Rood ef ta.Ecq/C. F- hazard area inundated by the 100-year flood. •ppi� Y� 6 O LaA o" 8. On the Issue date of this survey the surveyed property shown hereon Is 0O 0 T if in zoned R-1-S according to the City of North Richland Fula zoning I$ NGI a 4pN 'sv ordinance maps. Refer to add zoning ordinance for minimum and 11 { { 6 00 n maximum setback requirements. Surveyor is only showing setback lines per rn the recorded Plat of Double K Ranch Addtion, recorded in Document fA N Number 0216120733. to the Public Records of Tarrant County, Texas. STONE ° tANSCAPE WALL u� 9. The surveyed property is subject to the terms, conditions and stipulations 0 in the Encroachment Agreement recorded in Document Number I�z 0 21 80 709 60in the Pubftc Records of Tarrant County, Texas. y O �U No oo A B B R E V I A T l 0 N S +r',' STAIRS P.R.T.C.T. PUBUC RECORDS OF TARRANT COUNTY, TEXAS It 14 PJ CAB. CABINET DOC, NO. DOCUMENT NUMBER LOT 2R2, BLOCK 1 c.M, IRONCON ROD F MGNI)MENT ° DOUBLE K RANCH ADDITION IRF IRON ROD FOUND RO.W. DOC. NO. D216120733 . RIGHT ca"c. P.R.T.C.T. a.l BUILDING LINE WAY LINE RETAINs1G WALL n� e U.E. UTIUTY EASEMENT a�_ �' srro coNrr CONC. CONCRETE or ti VARIAIKA y.E,4 NG NATURAI,GROUND 1lcl O=NO.o2lsr2o7]3 ASPH. ASPHALT Nc N g R S 8575 SPAY soft 48"E 8795' :P'fa'./CAP L E G E N D Aar ra scALi (c.Lr.) O BOUNDARY CORNER n vi LOT 2RI, BLOCK 1 17 WATER METER DOUBLE K RANCH ADD)TION 0 IRRICA710H CONTROL VALVE c;t DOC. NO. D216120733 { POWER POLE P.R.T.C.T. p ELECTRICAL METER AIRGraphic Scale in Fees a GA TEST TONER Gra � P L I N E T Y P E S � GAS TEST tulT>•- c DIE DIE OVERHEAD UTILITY LINE 6 GAS LINE MARKER Y WOOD FENCE a CLEAN OUT - 0 A r1r �Or CHAIN LINK FENCE a V 40 SEPTIC TANK COVER o SCALE: 1 =4C' WROUGHT IRON FENCE a SIGN " Certified to: Matt Latham, Barbaro Latham, LAND TITLE SURVEY N First American Title Guaranty Company, end p First United Bank dt Trust 0.2140 ACRE F '(� O F T 1 I certify that this survey was made on the ground, that this plat correctly represents N C�al.G1S the facts found at the time of survey, and LOT 2R2, BLOCK 1 Q°e* that this professional service substantially DOUBLE K RANCH ADDITION 2 oos$oaoaoaseeoo.......aa.eo conforms to the currant Texas Society of r DAVID CARLTON LEWIS Professional Surveyors Standards and IN THE JOHN CONDRA SURVEY, A-310 °..............aaacao*Va.. Specifications for o Category 1A. Condition CITY OF NORTH RICHLA14D HILLS, TARRANT COUNTY, TEXAS 2 a , Survey. t O 5647 �' ISSUE DATE: 03/20/2019 SCALE: 1"=40' PROJECT NO.: 023-083-12 a� s R�� SPRY 00 SURVEYORS �d 8241 Mid-Cities Blvd., Suite 102 •North Richland Hills, TX 76182 o September 18. 2018 PH:817.776.4049 "spry®sp ys yo p Ys Yo r urve r6.com•wwws r urve rs.co s CERTIFICATE DATE DAME) CARLTON LEWIS. R.P.L.S. NO. 5847 Firm Reg. No. 10112D00 46-1 > rL co c- rn (L) 1UL 4-1 Iz > :z CA .......... 44 U5 2. E-2 '47 Z W:F . ..............-0.......... 33 ............ IU� VI z 4-j Ile ro bz to 0 c i7i %f / 'G / / /iMem W a�V d 1� r/ r err Exhibit 1 OIri in it fence on north side of property prior to construction. ,,,, i%�/ •,,' r r r rr p n �a Exhibit;2, view of pre-existing fence from across the street prior to construction, Wrought �ric)in fence v,dth posts,set 2° are ground A throlugh .� ate Ab „ " Yr11F Y dd i i 6&rlrl 'Na w, � � ..., �rxrrrlhnk��r��ry tirwstAIBet��m'h property A tUator anid vvving4) DroN e ltur.)ugl v gate Exhiibiit 3 of plat with fence drawn in. mm 1 r, i 1 i J f 1 Exhuh6t 4—property immediately to the east of subject property with wrought iron fence I o. Exhibit 5—property immediately to the west of subject property with wrought iron fence and masonry columns. Exhibit 6_ 9 depicting properties with wwrClU ht iron fences, All properties are in the 72010 block of BUrsey Rd. and to the west Of SUbject property A / a „ f f i y r Exhibit 6 m i 1 I � >71 /,r//////..iii ///i;rrr/ /i/!/ a r. ri/�i//%�6i /ri /! �„r, ��, -/fir �/,,,�. r// /,✓/ ,?; ,iir1/ri ///r!ri.;/,%Ji r.rJt i r/,J// �r/��,,., r ✓�/ ��1 /�%,r�i�r i, /> /, �i%///� . NO ...,... // ,,,,, ,ri, „�, �G L ,,,,�r,: ,/,,, ,,,,i�„ri,,; .,,,. r r r rr i w �,,,,,// r✓O/.F /!/ ,i p,r0 �,r ii ,� /O/'! r < rl ��e„% „! r�, rare/..r l� vri % � r.:/`;;, ,��/�r / r /i�/�,,: //...✓/err../ /r,,,,, /,,, ,t,,. r ,r, �!/rr �% r�� ,,. rah✓/✓r,�11��,r�rkmfuxr/l7/J,Fl�//�Uiu r ,/Ji r ,i�yi��i/!//I��m��NfiFr rr�ra c+„�,1�/lYiitrr lr/Jll✓/lli /�1 ,ir;�/,�f��✓filU//✓��umkuat�G{t��1 Exhibit m� r' r� rr /�/iir�/r//fir ro✓/ � ,,:� /✓, %/i r ��ir av r O�iii„, m+nYt rl„ yy %�ri�Jl %/��%fir/,�ri/�/' rr //r�// �/ ' r///o ril✓ r„%// ,,,qi��%��1��/dh4111�1��1�� r�i,i�/�i!��/,,/r ,ra�, �,�mftu✓I/r6 „rr5",��//�/�//,1�� rW J Exhibit 10 This photo depicts residences that back up to Bursey Rd, in the 7100 black with a 6woodien privacy fence. 1! k�r r r r r r r ri r r, r ..,,�„ rj//%/� /, �r� ,��.. r .. /✓�/ /iol�/ /+ „ r /�l�rir rr ;t r//% rrrr �../%�// ., /r//%,, /� r//J l� r/,r, - „ , . //�, /��ir/,/rii r,,,, r /r �! /r a� ��i//, /,i ✓��c;,,,. f�� q/i/i//i rii r/ /%.,l rr✓,� tl�l rit v>�/�f1r lf��/%��%' �(�r�J�/ >��,' ,,� �/��1 Exhibit y of 1 I � '� m�aw�U1i ,,w r . Exhibit 8 WrdLL*STUH ON"Halld HIWN 1)[3018,zmz 101 7lv%uvH Im"L QVOX A3SUnH 9(U 19f)N avou aoo 1 awni atsEm nwuvi %IL%W�UT.11l AD MtM) afflu gas 0105 TliLjAujDMflXLr.V&VAW WA*XVM Lu -iwsa sow LV tu 711 S-J co C-) V-.Qt all 0-.01 N -dE a w 7-71 r N F4 -j P64 e oe 5e ix N-46 0 4L Matt From: Dygert,Tiffani D Sent Thursday, April 4, 2019 9:00 AM To: Matt Latharn Caw.: Barbara; Robinson, U J Subject: RE:Atmos Energy Encroachment Request Hello Mr. Latham, I just left you a voicemail imemge. I just hem-d back from operations,you are good to move forward. Please make sure that you call!811 and the line located before you proceed That will generate as ticlaet to our local:operations to let them I*rtow you are beginning work on your property. Let me bnow if you have any questilons. Thanh you. riffani Dygert, RW'P-EU Right-of-Way Agent 2 ATMOS Energy Corporation Mid-Tex Division 214.206.2913(o) From,: Matt Latham Sent Wednesday,April 3, 2019 5:26 PM To: Dlygert,Tiffani D Cc:Barbara Subject: Re:Amos Energy Encroachment Request CAUTION -THIS IS AN EXTERNAL EMAIL. Do not open attachments or click links from unknown sources or unexpected ernafl. Any update? Sent from my iPhone On Apr 2,2019,at 7:09 PM, Dygert,Tiffani D<Tiffarii.-Pyge.rtLcZainioseritr .corn>wrote: Hello Mr. Latham, He was oast of the office today.I will follow up with h ire tomorrow, Thanh you. Tiffani Dygert, RWP-EU Rkft-of-Way Agent 2 ATIMOS Energy Corporation Mid-Tex Division 2114.206.2913(o) 21,4263-1355(c) From: Matt Latham Sent:Tuesday, April 2,2019 7:08 PM To: Dygert,Tiffani D Cc: Barbara Subject: Re:Atmos Energy Encroachment Request CAUTION -THIS IS AN EXTERNAL EMAIL. Do not open attachments or click links from unknown sources or unexpected email. Any decision today? Sent from my Whone On Apr 1, 2019, at 12:35 PM, Matt wrote: Per our conversation,attached is the original request to install fence at 7236 Bursey Road North Richland Hills TX. You should have received the encroachment agreement in a previous email. If you have any questions please contact me. Matt Latham 7236 Bursey Rd. N. Richland Hills,TX 76182 817-485-5121(H) <VP Operations Letter.docx> 2 Matt From: Kelley, Sherry Y Sent: Tuesda Februa 26 2019 11:39 AM To: Cc: Winn, Toby E Subject: Atmos Energy Encroachment Request Follow Up Flag: Follow up Due By: Saturday, March 30, 2019 10:00 AM Flag Status: Flagged Mr. Latham: I have received your request to install a fence within our easement as set forth in the encroachment agreement. Thank you for submitting the request. I will forward to Toby Winn in our Right of Way Department so he can review and respond accordingly. Please feel free to contact me in the meantime if you have any other questions. Sincerely, Sherry Sherry Kelley VP Marketing Atmos Energy Corporation MDTX-Div-Marketing [4108] 214-206-2880 Office 214-206-2126 Fax i Page 1 of 10 D218070960 4141201811:41 AM PGS 10 Fee: $52.00 Submitter. SIMPLIFILE Electronically Recorded by Tarrant County Clerk in Official Public Records -JA Mary Louise Garcia I 1 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY DOCUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. C1045M Twat CCU* 02113m SH i ENCROACHMENT AGREEMENT i 1 THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § 1 I This Encroachment Agreement ("Agreement") is entered into as of this day of , 2018 (the "Effective Date") by and between ATMOS ENERGY CORPORATION, a Texas and Virginia corporation C"Atmos Energy") and Matt Latham ("Owner"). BACKGROUND: WHEREAS, Atmos Energy is the successor-in interest to the "grantee" under that certain easement recorded in Volume 3851,Page 656 of the Deed Records of Tarrant County, Texas ("Easement's; ` WHEREAS, Owner owns certain real property C"Property") encumbered by the j 'Easetent, such Property being more particularly described on Exhibit"A"attached hereto; j WHEREAS, Atmos Energy currently maintains a natural gas pipeline and/or pipelines and the appurtenances thereto across the Property; WHEREAS, Owner desires permission to construct, operate and maintain a Driveway & Sidewalk as specifically described and shown on the attached drawing, marked Exhibit "]I". (the "Encroaching Facility") within the boundaries of the Easement ("Easement Area"); and WHEREAS, Atmos Energy is willing to permit Owner to construct, operate, and � maintain the Encroaching Facility but in order to ensure Attnos Energy can continue to safely and efficiently carry out the purposes of the Easement, Atmos Energy has requested tl►at Owner agree to the terms set forth below;and WHEREAS,the Owner is agreeable to such terms. t 1 ' AGREEMENT: NOW, THEREFORE, in consideration of the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Atmos Energy and Owner agree as follows: 1. Construction and location of Encroaohina Facility. Owner may construct and locate the Encroaching Facility in the Easement Area only as described and shown on the attached drawing, marked Exhibit "B" and in the specific location shown thereon. Owner shall € comply with all conditions and requirements of Atmos Energy for the construction of the Encroaching Facility. 2. Maintenance of Encroachixi Facility. Owner inay not relocate the Encroaching Facility within the Easement Area, nor may Owner modify, enlarge or otherwise redesign the f Encroaching Facility (such relocation, modification, enlargement, or redesign being an i "Alteration") without the prior written consent of Atmos Energy, which consent shall be granted or withheld in Atmos' sole and absolute discretion. However, ordinary maintenance and repairs may be made to the Encroaching Facility without the consent of Atmos Energy so long as such maintenance and repairs: (i) are performed in such a manner as to maintain the Encroaching Facility as sbown on Exhibit"B"hereto; (ii) do not involve excavation within the Easement Area; and (iii) do not require crossing of the pipeline by construction equipment (such ordinary maintenance or repairs which meet the foregoing conditions being "Routine Maintenance"), 3. No Other Encroachments Permitted. Except as expressly permitted in the preceding paragraph, no other encroachments shall be permitted within the Easement Area. The provisions of Section 756.123 of the Texas Health and Safety Code (as arnended or replaced) shall continue to govern any and all unapproved encroachments. i 4. Notice. Owner must provide five (5) business days' written notice to Atmos j Energy prior to connmencing the initial installation of the Encroaching Facility, any subsequently approved Alteration, or any maintenance and repairs that do not qualify as Routine Maintenance. Any such.notice shall be deemed received by Atmos Energy only upon physical receipt by Atnnos Energy at the following address: Atmos Energy Corporation P.O. Box 650205 Dallas,TX 75265-0205 Attn: Right of Way Department i 5. Restrictions on Use of Easement Area. Owner shall use only so much of the Easement Area as may be necessary to construct, maintain and repair the Encroaching ` Facility. Owner shall, at its own cost and expense, comply with all applicable laws, including but not limited to existing zoning ordinances,governmental rules and regulations enacted or promulgated by any governmental authority and shall promptly execute and fulfill all orders and requirements unposed by such governmental authorities for the correction, prevention 2 I and abatement of nuisances in or upon or connected with said Encroaching Facility. At the conclusion of any construction, Owner shall remove all debris and other materials from the Easement Area, excluding the Encroaching Facility itself, and restore the Easement Area to the same condition it was in prior to the coroinencement of Owner's construction thereon or in proximity thereto. Owner shall not place upon the Easement Area any improvements, including but not limited to, buildings,paving,parking, light standards,shrubs, trees or signs 1 unless approved in advance in writing by Atmos Energy. 6. Maintenance of Encroaching Facilit . Owner, at Owner's sole expense, shall maintain and operate the Encroaching Facility, and Atmos Energy will not be responsible for any costs of construction, reconstruction, operation, maintenance or removal of the Encroaching Facility. 7. Risk and Liability. Owner assume all risks and liability resulting or arising from or relating to Owner's use, the existing condition or location, or existing state of maintenance, repair or operation of the Easement Area. It is further agreed that Atmos Energy shall not be liable for any damage to the Encroaching Facility or interruption to Owner's business as a result of Atmos Energy's use or enjoyment of its Easement, Any Atmos Energy property damaged or destroyed by Owner or its agents, employees, invitees, contractors or subcontractors, or as a result of the presence of the Encroaching Facility within the Easement Area may, at Atmos Energy's option, be repaired or replaced by Atmos Energy at Owner's expense. Payment is due upon Owner's receipt of an invoice from Atmos Energy. 8. Removal by Atmos Energy. If at any time in the future, the Encroaching � Facility, in the reasonable judgment of Atmos Energy, interferes with Atmos Energy's use or enjoyment of its easement rights, Atmos Energy shall have the right to require the removal of the Encroaching Facility. Atmos Energy shall notify Owner in writing that within 30 days the Encroaching Facility must be removed at Owner's sole cost. If at the end of the 30-day period the Encroaching Facility has not been removed, Atmos Energy may remove it, at Owner's expense. Atmos Energy will not be responsible nor will compensation be paid for damages incurred by such removal, including, but not limited to, damages for loss of use of the Encroaching Facility or business interruption. Additionally, in an emergency, Atmos Energy shall have the right to immediately remove the Encroaching Facility at Owner's sole expense. If the Encroaching Facility is reproved, Atmos Energy will not unreasonably withhold consent for Owners to relocate the Encroaching Facility within the Easement Area. 9. Indernnification. Owner, as well as its successors and assigns, agrees to defend, indemnify and hold harmless Atmos Energy, its officers, agents and employees from and against any and all claims, demands, causes of action, loss, damage, liabilities, costs and expenses (including attorney's fees and court costs) of any and every kind or character, known or unknown, fixed or contingent, for personal injury (including death), property damage or other harm for which recovery of damages is sought or suffered by any person or persons, including claims based on strict liability, arising out of or in connection with: (i) Owner's actions or omissions, or the actions or omissions of its officers, agents, associates, employees, contractors or subcontractors, within the Easement Area, or (ii) the existence of the Encroaching Facility; REGARDLESS OF WHETHER OR NOT SUCH CLAIMS ARE FOUNDED IN WHOLE OR IN PART UPON ACTS OR OMISSIONS BY OR THE i 3 s i SOLE OR COMPARATIVE NEGLIGENCE OF ATMOS, ITS OFFICERS, AGENTS, REPRESENTATIVES, ASSOCIATES, EMPLOYEES, CONTRACTORS OR f SUBCONTRACTORS. { I 10. Default and Termination. 1t is understood and agreed that if Owner fails to comply with any of the terms and conditions contained herein for a period of five (5)days after Atmos Energy notifies Owner of such default, then Atmos Energy may at its election immediately terminate this Agreement, and upon such termination all of Owner's rights hereunder shall cease and came to an end. This Agreement shall also terminate upon the abandonment of the Encroaching Facility. Upon termination of this Agreement for any reason, the covenants and agreements herein shall immediately cease to run with the land and shall no longer be binding upon and for the benefit of the Property, Atmos Energy and Owner,and their respective successors,hems and assigns. a i 11. Entire Agreement. This written Agreement contains the entire agreement of the parties hereto (other than any conditions and requirements relating to construction as described in Section 1) and there are no oral or other representations upon which the parties have relied upon in entering into this Agreement. This Agreement and the obligations and rights arising hereunder inay not be modified not waived except by written agreement signed by all parties. 12. Governin Law. The parties expressly agree that this Agreement is governed by i and will be. construed and enforced in accordance with Texas law without respect to Texas' Choice of law rules. ' i 13, Counterparts, This Agreement may be executed in one or more counterparts, all I of which together shall constitute the same instrument. 14. No Waiver. A waiver by Atmos Energy of a breach of this Agreement, or the failure of Atmos Energy to enforce any of the articles or other provisions of this Agreement will not in any way affect, limit or waive Atmos Energy's right to enforce and compel strict , compliance with the sarue or other articles or provisions. r i (Signature Pages Follow] I I t t i A f i 1 i A,TMOS ENERGY CORPORATION y: Name: Sherry i/'elley `J Title: Vice President, Operations,Mid-Tex Division Date: i STATE OF TEXAS § I COUNTY OF DALLAS § BEFORE ME,the undersigned authority,a Notary Public in and for the State of Texas, on this day personally appeared,Slierry Kelley,the Vice President, Operations, Mid-Tex Division i of A,tmos Energy Corporation,a Texas Corporation,known to me to be the person whose nacre is subscribed to the foregoing instrument and acknowledged to me that he or she executed the same for the purposes and consideration therein expressed,in the capacity therein stated, and as the act and deed of said corporation. , GIVEN UNDER MY HAND AND SEAL OF OFFICE,on this the c day of 2018, 1 Notary Public in and for the State of Texas My Commission Expires: 113 Print Name:C"Cdk r �•�+•.'^e• W 4- I i :. CAROLYN MANE WITTEN ;•: ' .: My notary ID 180015/0 '~ Exom o*ber 29,2029 3 S I I OWNER By: Nate: Matt Daniel Latham Title: Land owner Date: Mar" ;z 7, i STATE OF TEXAS § 1 COUNTY OF r § , I BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared, the of l„p} known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that s/he executed the same for the purposes and consideration therein expressed, in the capacity therein stated, and as the act and deed of said entity. GIVEN UNDER MY HAND AND SEAL OF OFFICE, on this the 23�� day 2018. 4 atu&bfic in and for the State of Texas LOMp My Commission Expires: W#IISM044 Print Name: LQr i dos-Ito I i t i i I I 6 | . i ! .. .^ i ' � � | } � � 7 ! | i Page Z of 3 i endoes lien retained in favor of Lender in this-deed and by a deed of trust of even date from rantee to James D.VanDeventer ,Trustee, n a ing any improvements): j , BLOCK 1, DOUBLE K RANCH ADDITJCON, AN ADDITION TO THE CITY OF i N 1tIC D HILL,TARRANT COUNTY,TEXAS, ACCORDING TO TIT MAP OR i LA RBCORDED IN COUNTY CLEI IS FILE NO. D216120733, MAP ANDIOR ARRANT COUNTY,'I'EXA5, he ove crib arty also includes Any and all of Grantor's right,title,and/or interest in an sy to rships and/or ownership certificates In any non-municipal water and/or saw syste o i a future aerving sold property. Reservations ftm d B Conveyance and Warranty: This cot a given d accepted subject to any and all resirictlons,reservations,covenants, conditions,rl is wa to moptt in idpal or other governmental zoning laws,regulations and ordinances,i an af'fee he reir described property. I Grantee hereht 01 for the currant year. j i (lrantor, for the consideration he ervations from and exceptions to conveyance and warranty, grants, sells, and Conveys to Gra ea� rt tog with all and singular the rights and appurtenances thereto in arty wise belonging, d Id to antee. Grantee's heirs, executors, administrators, { successors, or assigns forever, for ran and Grantor's heirs, executors, administrators, and successors to warrant and forever 1 siar the property to Grantee and Grantee's heirs,exeeutors, adrinistrators,successors,and assigns nst. dFy parson who ver lawfully claiming or to claim the same or any part thereof,except as to the reservatto ram and excep' ns to veyartice and warranty. The vendor's lien (to the extent of the consideration paid by Grantoe to Or r)ag ' t a superior title to the property arc roWned unlit each note described is fully paid according to t erms wh ch ti a this deed shall become absolute. The vendor's lien and superior title retainedtn this de are (err to ndor,without recourse on Grantor. 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