HomeMy WebLinkAboutContract 47975 CITY SECRETAW 1� j
CONTRACT NO. �°,_
��,'4132916
qft, EASEMENT ENCROACHMENT LICENSE AGREEMENT
41Nft. Residential
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 or duly designated Assistant City Manager
("City"),and David& Julie A. Ostransky,hereinafter referred to as "Licensee", owner of
the property located at 2516 Sandage Ave. 76109("Property').
RECITALS
WHEREAS, Licensee is the owner of certain real property described as (legal
description of property), an addition to the City of Fort Worth, Tarrant County, Texas as
recorded in County Clerks Document No.D209156681 or Volume and Page No_Cab A -
Slide 121375 of the Real Property records of Tarrant County("Property"); and
WHEREAS, the City has a(n) 12' foot wide drainage and utility easement (the
"Easement") in the property as shown on the map attached to this Agreement as Exhibit
"A"and incorporated herein; and
WHEREAS,Licensee desires to construct/place and maintain overhead trellis and
low landscape walls which will be used for outdoor enjoyment (the "Encroachment")
and which will encroach onto the City's Easement as shown on the attached survey and
only to the extent shown thereon; and
WHEREAS,to accommodate the needs of the Licensee,the City will allow the
Encroachment under the terms and conditions as set forth in this Agreement.
NOW,THEREFORE, the City and Licensee agree as follows:
AGREEMENT
1.
The City, in consideration of the payment by the Licensee of the fee set out below
and covenants and agreements hereinafter contained, to be kept and performed by the
Licensee,hereby grants permission to the Licensee to encroach upon and occupy a portion
of the City's Easement as described in and at the location shown Exhibit A for the purpose
of constructing a trellis and landscape improvement (the "Encroachment"). Upon
completion of the Encroaclunent, Licensee agrees to be responsible for maintaining any
and all structures and buildings within and above the Easement. Licensee shall not expand
2014 Easement Encroachment Agreement Residential OFFICIAL RECORD Page 1 of 10
CITY SECRETARY
FT. WORTH, TX
or otherwise cause the Encroachment to further infringe in or on the City's Easement
beyond what is specifically described in the exhibit(s) attached hereto.
2.
All construction, maintenance and operation in connection with such
Encroachment,use and occupancy shall comply and be performed in strict compliance with
the Charter, Ordinance and Codes of the City and in accordance with the directions of the
Director of the Transportation and Public Works Department or the Director of the Water
Department of City, or his duly authorized representative. Prior to the construction of the
Encroachment,Licensee shall submit all plans and specifications to the applicable Director
or his duly authorized representative. Licensee shall not commence construction of the
Encroachment until such approval shall be indicated in writing by the Director. However,
such approval shall not relieve Licensee of responsibility and liability for concept, design
and computation in the preparation of such plans and specifications.
3.
Licensee agrees that City may enter and utilize the referenced areas at any time for
the purpose of installing, repairing, replacing or maintaining improvements to its public
facilities or utilities necessary for the health, safety and welfare of the public for any other
public purpose. City shall bear no responsibility or liability for any damage or disruption
or other adverse consequences resulting from the Encroachment installed by Licensee,but
City will make reasonable efforts to minimize such damage. In the event that any
installation, reinstallation, relocation or repair of any existing or future utility or
improvements owned by, constructed by or on behalf of the public or at public expense is
made more costly by virtue of the construction, maintenance or existence of the
Encroachment and use, Licensee shall pay to City an additional amount equal to such
additional cost as reasonably determined by the Director of Transportation and Public
Works or the Director of the Water Department of the City, or his duly authorized
representative.
4.
2014 Easement Encroachment Agreement-Residential Page 2 of 10
In order to defray all costs of inspection and supervision which City has incurred
or will incur as a result of the construction,maintenance, inspection or management of the
encroachments and uses provided for by this Agreement, Licensee agrees to pay to City at
the time this Agreement is requested an application fee in the sum of Three Hundred and
Twenty-Five Dollars ($325.00).
5.
The term of this Agreement shall be for thirty(30) years, commencing on the date
this Agreement is executed by the City of Fort Worth. Provided however, this Agreement
shall terminate upon the non-compliance of any of the terms of this Agreement by the
Licensee. City shall notify Licensee of the non-compliance and if not cured within thirty
days this Agreement shall be deemed terminated.
6.
It is further understood and agreed upon between the parties hereto that the
easements to be used and encroached upon as described herein, are held by City as trustee
for the public; that City exercises such powers over the easement as have been delegated
to it by the Constitution of the State of Texas or by the Legislature; and that City cannot
contract away its duty and its legislative power to control the easement for the use and
benefit of the public. It is accordingly agreed that if the governing body of City may at any
time during the term hereof determine in its sole discretion to use or cause or permit the
right of way to be used for any other public purpose, that does not preclude the use of the
Encroachment on the Property for a office building or activities related thereto, including
but not being limited to underground, surface of overhead communication, drainage,
sanitary sewerage, transmission of natural 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 the Encroachment and the public purpose.
7.
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
2014 Easement Encroachment Agreement-Residential Page 3 of 10
PERSONS, OF WHATSOEVER KIND OR CHARACTER, ARISING OUT OF OR
IN CONNECTION WITH, THE CONSTRUCTION, MAINTENANCE,
OCCUPANCY, USE, EXISTENCE OR LOCATION OF SAID
ENCROACHMENTS AND USES GRANTED HEREUNDER,WHETHER OR NOT
CAUSED, IN WHOLE OR IN PART, BY THE 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.
8.
While this Agreement is in effect,Licensee agrees to furnish City with a Certificate
of Insurance, naming City as certificate holder, as proof that it has secured and paid for a
policy of public liability insurance covering all public risks related to the proposed use and
occupancy of public property as located and described in Exhibit "A". The amounts of
such insurance shall be not less than the following:
$300,000
with the understanding of and agreement by Licensee that such insurance amounts shall be
revised upward at City's option and that Licensee shall so revise such amounts immediately
following notice to Grantee of such requirement. Such insurance policy shall provide that
it cannot be canceled or amended without at least ten(10) days prior written notice to the
Building Official of the City of Fort Worth. A copy of such Certificate of Insurance is
attached as attached as Exhibit "B". Licensee agrees to submit a similar Certificate of
Insurance annually to City on the anniversary date of the execution of this Agreement.
Licensee agrees, binds and obligates itself, its successors and assigns, to maintain
and keep in force such public liability insurance at all times during the term of this
2014 Easement Encroachment Agreement-Residential Page 4 of 10
Agreement and until the removal of all encroachments and the cleaning and restoration of
the city easements.
9.
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 Encroachment on
Easement Agreement in its entirety in the deed records of Tarrant County, Texas. After
being recorded, the original shall be returned to the City Secretary of the City of Fort
Worth, Texas.
10.
Licensee agrees to comply fully with all applicable federal, state and local laws,
statutes, ordinances, codes or regulations in connection with the construction, operation
and maintenance of said Encroachment and uses.
11.
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.
12.
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.
13.
2014 Easement Encroachment Agreement-Residential Page 5 of 10
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
described Easement and is not a conveyance of any right, title or interest in or to the
Easement nor is it meant to convey any right to use or occupy property in which a third
party may have an interest. Licensee agrees that it will obtain all necessary permission
before occupying such property.
14.
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 attorney's fees.
15.
The parties agree that the duties and obligation contained paragraphs 3 and 4 shall
survive the termination of this Agreement.
16.
Licensee covenants and agrees that it will not assign all or any of its rights,
privileges or duties under this contract without the written approval of City, and any
attempted assignment without such written approval should be void.
17.
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.
18.
This agreement shall be binding upon the parties hereto, their successors and
assigns.
2014 Easement Encroachment Agreement-Residential Page 6 of 10
EXECUTED this / day of , 2qf .
City Licensee:
City of Fort Worth David& Julie A. Ostransky
By: By: &j „�.
Randle 119wood,Director Name: C
Planning&Development Title: 60
By:
ame: Su l i e. �j�.�.y�-�
Title:
ATTEST: Q � Approved As To Form and Legality
City SecrqW � Is Assistant City Attorney
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME,the undersigned authority, a Notary Public ' for the State of
Texas, on this day personally appeared Randle Harwo own to me to be the person
whose name is subscribed to the foregoing in ent, and acknowledged to me that
he/she executed the same for the pu es and consideration therein expressed, as the act
and deed of the City of Fort orth, and in the capacity therein stated.
GIVEN UND Y HAND AND SEAL OF OFFICE this 1 day of
20 �.
2014 Easement Encroachment Agreement-Residential Page 7 of 10
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared Randle Harwood, known to me to be the person
whose name is subscribed to the foregoing instrument, and acknowledged to me that
he/she executed the same for the purposes and consideration therein expressed, as the act
and deed of the City of Fort Worth, and in the capacity therein stated.
GIV ER MY HA D AND SEAL OF OFFICE this day of
, 20
;s�a;'p"�ao,, CASSANDRA F. FOREMAN
:U91 �= Notary Public.State of Texas
w; My Commission Expires
April 26, 2017
otary Public in and for the State of Texas
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
2014 Easement Encroachment Agreement-Residential Page 8 of 10
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 David & Julie A. Ostransky, known to me to be
the person whose name is subscribed to the foregoing instrument,and acknowledged to me
that he/she executed the same for the purposes and consideration therein expressed, as the
act and deed of David & Julie A. Ostransky,and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
t , 20
DELMA J HULL Notary Public in and for the
My Commission Expires
September 1, 2010 State of Texas
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
2014 Easement Encroachment Agreement-Residential Page 9 of 10
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 David & Julie A. Ostransky, known to me to be
the person whose name is subscribed to the foregoing instrument,and acknowledged to me
that he/she executed the same for the purposes and consideration therein expressed, as the
act and deed of David & Julie A. Ostansky, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 1 day of
20 1
r DELMA J HULL
\
my P 'ember 1,2018eS Notary Public in and for the
.t•
5
"�""�' `■'"��►��- State of Texas
NRECORD RETARY TH, TX
2014 Easement Encroachment Agreement-Residential Page 10 of 10
EXHIBIT Al 20'-0" PRIVATE ALLEY
PROPERTY LINE-NORTH 50.00'
2516 SANDAGE AVE. FORT WORTH, TEXAS 7610 -
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PPCE 5
USAA CASUALTY INSURANCE COMPANY MAIL MACH-[
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$ � 9800 Fredericksburg Road - San Antonio, Texas 78288
HOMEOWNERS POLICY DECLARATIONS
Named Insured and Residence Premises Policy Number
DAVID OSTRANSKY MD AND JULIE OSTRANSKY CIC 00513 20 45 92A
2516 SANDAGE AVE
FORT WORTH, TARRANT, TX 76109-1417
Policy Period From: 06/03/16 To: 06/03/17
(12:01 AM. standard time at location of the residence premises)
SECTION I - COVERAGES AND AMOUNTS OF INSURANCE
COVERAGE A - DWELLING PROTECTION $500,000
COVERAGE B - OTHER STRUCTURES PROTECTION $50,000
COVERAGE C - PERSONAL PROPERTY PROTECTION $375,000
COVERAGE D - LOSS OF USE PROTECTION (UP TO 12 MONTHS) $100,000
SECTION II - COVERAGES AND LIMITS OF LIABILITY
Personal Liability - Each Occurrence $500,000
Medical Payments to Others $5,000
DEDUCTIBLES (Applies to SECTION I Coverages ONLY)
We cover only that part of the loss over the deductible stated.
WIND AND HAIL $2,000
ALL OTHER PERILS $1,000
POLICY PREMIUM for Section I and Section II Coverages Above $2,713.33
CREDITS AND DISCOUNTS (Included in policy premium above.) $2,382.26 CR
Details on the following page. (if applicable)
OTHER COVERAGES AND ENDORSEMENTS $194.77
Forms and Endorsements are printed on the following page.
STATE SURCHARGES AND TAXES (Shown below if applicable)
SURCHARGES ARE PRINTED ON THE FOLLOWING PAGE. $6.39
TOTAL POLICY PREMIUM
Including Credits, Discounts, Optional Coverages, Endorsements, State Surcharges and Taxes
$2, 914.49
PREMIUM DUE AT INCEPTION. THIS IS NOT A BILL. STATEMENT TO FOLLOW.
FIRST MORTGAGEE:
PHH MORTGAGE SERVICES LOAN NR 71 17167549
ITS SUCCESSORS AND/OR ASSIGNS
PO BOX 5954
SPRINGFIELD, OH 45501-5954
In witness whereof, this policy is signed on 04/05/16
Deneen Donnley,Secretary Alan W.Krapf,President
REFER TO YOUR POLICY FOR OTHER COVERAGES, LIMITS AND EXCLUSIONS.
HO-D1 (07-08) 87028-0708