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HomeMy WebLinkAboutContract 48126 CITY SECRETARY CONTRACT No. AA EASEMENT ENCROACHMENT LICENSE AGREEMENT 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 Glenn C. Tresider, hereinafter referred to as "Licensee", owner of the property located at 4728 Meadowbrook Drive Fort Worth Texas 76103 ("Property'g. RECITALS WHEREAS, Licensee is the owner of certain real property described as Van Horn Erisman Subdivision, an addition to the City of Fort Worth, Tarrant County, Texas as recorded in County Clerks Document No.—NIA or Volume and Page No.—Deed Page 0002339, Volume 0009177 of the Real Property records of Tarrant County ("Property"); and WHEREAS, the City has a(n)10'foot wide utility"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 a storage building/ carport which will be for personal use (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 a storage building/carport (the "Encroachment"). Upon completion of the Encroachment, Licensee agrees to be responsible for maintaining any and all structures and buildings within and above the Easement. Licensee shall not expand or otherwise 2014 Easement Encroachment Agreement-Residential OFFICIAL RECORD Page 1 of 10 CITY SECRETARY FT. WORTH, TX 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. 2014 Easement Encroachment Agreement-Residential Page 2 of 10 4. 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 2014 Easement Encroachment Agreement-Residential Page 3 of 10 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, 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. 2014 Easement Encroachment Agreement-Residential Page 4 of 10 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 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. 2014 Easement Encroachment Agreement-Residential Page 5 of 10 13. 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 parry 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. 2014 Easement Encroachment Agreement-Residential Page 6 of 10 This agreement shall be binding upon the parties hereto, their successors and assigns. EXECUTED thi� day of _ ,201l%! City Licensee: City Fd11.e o Glenn C. Tresidder By. B 17.Q C. BY: _ ood, Dir for Name: �74,5� e, je-69�006�&Devetopm t Title: By: Name: Title: ATTEST: 0 ���,, Approved As To Form and Legality b o�o 8�-ftj City S ��A Assistant ity Attorney 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. OFFICIAL RECORD CITY SECRETARY 2014 Easement Encroachment Agreement-Residential P1', WORTH, TX Page 7 of 10 U HAND AND SEAL OF OFFICE this da Y of 20_4 . CASSANDRA F. FOREMAN ••ns Notary Public,State of Texas My Commission Expires April 26, 2011 Notary 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 TARR.ANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Glenn C. Tresidder, 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 Glenn C.Tresidder,and in the capacity therein stated. IV N UNDER MY HAND AND SEAL OF OFFICE y a thi 20� CASSANDRA F. FOREMAN Notary Public,State at Texas iq= My Commission Expires April 26, 2017 ""°""° Notary Public in and for the 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 No blic in and for the State of Texas, on this day personally appeared Glenn C residder, known to me to be the person whose name is subscribed to the for ing instrument, and acknowledged to me that he/she executed the same for the ses and consideration therein expressed, as the act and deed of Glenn C.Tresi er,and in the capacity therein stated. GIVEN UN MY HAND AND SEAL OF OFFICE this day of 20 Notary Public in and for the State of Texas 2014 Easement Encroachment Agreement-Residential Page 10 of 10 OOg j 1 ' ' to VVVV1 +i ; '` It '� '} ; \ �a.. . +. ; A •ice• •O WL C. too ST4Tff OF 11W f Much►AIL va hhr"M PER=": i caourr dr Tauanxr i c. via* -A4ea., S212kAWA ! O� •Of Tarrant i, Scums, bela6 an orsrw of. the od ibed , , aer beat of land or pssasl 0f load Sa 93ernaat Owut,F I; Taxes, described as falloae8 LotrA, S, 6, Mack.�,,.hhhide.00d Places Qo harahy + adopt the hereon map as ommolly reproveatios our plan of division of ear, be i be Joum an Tan Horn-Briasan lseision of Labs 4, S, 6 k 4, hhd=swcod Place. I 1 j. s •� jf STAT4 nr Mks a rlII•"OF TAMUNT i ' ' I Hefare , the urdersiamd authority, on dad personally appeared ! r i j i h _ Imoeq to as to be tlu.•porson whom nss is rib- a the roreCoUS Instrument, and admmdsddsd to an that be ameated the sees ibr the purpose and considerstion.thareln described. ST4T3 OF TVAS (! wn"OrTWNT ffirfors me, the undsrei`rd aOthwAy, on tt"day psroundly nibared .... Imorra to sr to be fh• pisson whose uses is.aob- ar to orsgo , sad aekesdsdsed bo as that he eamted the '♦ ��{ �' saes fa• tha pnrpom am aonafderaticn tMreia da�srlbed, STAIR OF Ma + COM f Or TAMTr { Detor m, the uodar atWwLyr, on th"Aar personally appeared s kwm to es to•be the person cedes nave is set- s the forsiga , and acknowledged thorsia is be�Irt b•easoatsd s for the pstepoas sad ooriderationi therein described. Given Wader 4 hood and esal of among We ,•�f �.�,� I•i_ ®.„,�' ,: , is �.. •. `�•�I` fr. � ` I vftM4 In Mul for Taffrt Cb fie LEGEND OF/IDOEYMTOM AND SY9INM AC .Air GondiMw+er O .as meow SAW .sdomis r .o.wdrea erode s.ralm Low &D.S..Bo4 D'ArC Strw LPF. .toe Pip Foa.d Tl. .Tare PotlWt .Oa red Were DMntaee Lm EILOU.6lrccoaw am a LAP. .iron Pad Found T.Y.P..Cable TM Podow �NLT.— .O.rrhata Talmo wed,Law FRrrtw.are Fa ftdomen LR.S —fro.Rod 90 U.&. . : . 0-000 0 Tolomm" dit LM &A&q Lie LS .UgM Sanard DE. .Dealings Ease rartt P. .Ptfudr • .mar PoM Driveway C . a hMr P-OA .Penn d W.M..Was Motor Gwen El. .6e�rcer Poaeor "N... of —�--�`- •alma Fenn ®�Ca.e"Perm.vr"ET• .!J 'T ronskmam Shod .61t.wLUw S Ml No m.Che Far.ot TT�GtsavAruk Fndoa fnYro or Osok E.O.F..(a.d of FeAm Pat man Fema dmien Wks&Anchor F.P. .Form Poo MlEADOWIAWK DIUVE i.o•Iwo. ut• 3101•LPN. ado•t Z :' r• "•i � a� b •. ® gYC JiRrl ` RiStOiYIf c >ID ini.i• Oi Sabjeu iRDDertY is hxaticd in ZONE C, 4' LOT and IS Np'r IMMftd Within a t t " SPecia!Flood Huard Area v pj^ Inundated y OD- IYear Foot! .Y .• 0r MOOD to f` FLOOD ENSURANCE RATE MAP CObUWU%T"PANEL NUMBER 4905%0095.0 Errcetiwe Dal¢ Movember IS.19U -1 MD6 EA D.M.E.D.DAT Jn sur P car r k Borrow**: TRESIDDER mT Address 4729 MEADOWRROOK d DRIVE G/F Nu.: 752765 SURVEYORS CERTIFICATION LEGAL DESCAIPTWN L.Enloe D.MCQuiNr.s Registered Public Suvayor,do hereby certify that the nW stow" LOT A. OF VAN -HORN • ERLSMAN rues.;(t)emaahty represru4 the pwfparttr m dowmeW by en v4h"Mund survey meat wmer my dWoCtko OF PART OF BLOCK on serer,L•r� ,.and(a)corroety shows the boundary fine REYLSIOlt 4, and dimMaiom m&ngd hereon.M)oorrecty shows the kxatan of e9 vautift bwWingl.structures and other EDGEWOOD PLACE ADDITION, TO THE CITY in•provw wrde on Mee ambod wooerty.anal(c)comity shoos the easements atharg the subject prop" OF FORT WORTH. TARRANT COUNTY, according to the tapal deserWm of such easements(wuh in6Y.umert.volume end pegs nuu.wr aatoana): TEXAS, ACCORDING TO THE PLAT M intI as Newri,Owe an no vnsbta W sawnams-r@~,way,parry wart or conflim.(bi Noiruvons on adjoining prsnr,, a"by any of sea buila.nps.structures or oche .mprovements and(c)m- RECORDED IN VOLUME 1969, PAGE 1.21, Lrusans o.to by u.Wdo%W structures,ono nmprowomanis way unwed m the GEED RECORDS,TARRANT COUNTY,TEXAS adplmng p.MNNa' trop"abuts a"ic runaway �i f.� . McGulnnam, Reed St Aswelat•a, Mc. .A% ....... se,. t e.. P Ih%%MWW r Tort PA*ietrabon No.1986 br 4.20-m ft*W- IIIIw nersr r. 8a0t.o9aD Amoom a Plus esusuYer:tqa Llwea.a Oi.a.Smile,L Waft Twwe 70064.Maine,11471018.0—Pas 017404"ft LEAGAL DESCRIPTION: LOVA. VAN HORWERISMAN REVISION OF PART OF BLOCK FOUR (4) EDGEWOOD PLACE ADDITION TO THE CITY OF FORT WORTH, TARRANT COUNTY,TEXAS, ACCORDING TO THE PLAT RECORDED IN VOLUME 1989, PAGE 621, DEED RECORDS OF TARRANT COUNTY, TEXAS WHICH HAS THE ADDRESS OF 4728 MEADOWBROOK DRIVE FORT WORTH TEXAS 76103 AC Rd EVIDENCE OF PROPERTY INSURANCE 07171/2016 THIS EVIDENCE OF PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ADDITIONAL INTEREST NAMED BELOW.THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS EVIDENCE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE ADDITIONAL INTEREST. A0ENCY fahOrlE . a17�68-3033 tower .. _ RAW• 43419 AL CLARK CLU CHFC 2452 INTERSTATE 20 W STATE FARM LLOYDS ARLINGTON, TX 76017-1670 A LLOYDS COMPANY IN DALLAS. TEXAS P O BOX 799100 �Ax 81746&2700 DALLAS. TX 75379 s . cool?• 78621ODFA36 suscooe_ -MxrQmokv_0 AEjBICY .. .. NOURED LOOM MUMaER POLICY MuMaER TRESIDDER GLENN C 56•C24J469-4 4728 MEADOWBROOK DRIVE EFFECr1VEOAtt 'E>O�RTilOrrolli[ FORT WORTH TX 76103-3437 0711112016 0711 Li017 1 aEtloM IM nEPLAC Ea PIepR FlnOEiK E QATEO. PROPERTY INFORMATION L0CJLr10W*8CftV"ft 4728 MEADOWBROOK DRIVE FORT WORTH. TX 76103-31937 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT.TERM OR CONDTI.'N+1 OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS EVIDENCE OF PROPERTY INSURANCE MAY BE ISSUED OR WAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIE=S DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSK)NS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS COVERAGE WFOfWAATION PERILS INSURED eASIC BROAD SPECIAL __ COVBtAQEJrEII61PORri AMDOKTOFMBURAMCfl 0E0w DWELLING(COVERAGE A) �s 160.000.00 — f - INCREASED DWELLING-OPTION ID 32.000,00 • DWELLING EXTENSION 16.000.00 PERSONAL PROPERTY(COVERAGE 8) 120.000 00 PERSONAL LIABILITY(COVERAGE L) 300.000 00 MEDICAL PAYMENTS(COVERAGE M) 5.0D0.00 WIND!HAIL DEDUCTIBLE 1% � $1,60000 POLICY DEDUCTIBLE 1% $1,60000 REMARKS(IncludsrQ Spacial Condibons) i CANCM.IAT M ' SIIOIILD AMY OF THE ABOVE DESCRY POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE%%LL BE DELNEM W ACCORDANCE 07"THE POLICY PROVISIONS, ADDITIONAL.INTEREST X"E AMO AINAM X ADOmO NIa 24SJRED LEId*k8 LOSS A%yM LE 1089 PAYEE CITY OF FORT WORTH AIO�TC;AGfE __ LC1AN i DEPARTMENT OF DEVELOPMENT ATTN:D.SCHROEDER,PLANNER 1000 THROCKMORTON ST — -- FORT WORTH. TX 76102-6312 Aun+ Arne ACORD 27(2016$03) ®1993-2015 ACORD COR ION.All r)"meerved. TM ACORD name and logo are registered marks of ACORD 1004383 64298E 2 01-21°2016