HomeMy WebLinkAboutContract 49678 CITY SECRETARY r p
CONTRACT NO.gc4--1-�-.--
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 Delinda Krazer, hereinafter referred to as "Licensee", owner of the
property located at 2468 McAdoo Ln Fort Worth,Tx 76131 ("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.Cabinet A Slide 8160_ or Volume and Page
No. 368-130,PG 80 of the Real Property records of Tarrant County("Property"); and
WHEREAS, the City has a(n) 15' foot wide type of easement: ex drainage,
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 a wood privacy
fence which will be purpose of encroachment (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 6ft tall and 8ft tall wood privacy fence (the "Encroachment"). Upon
completion of the Encroachment, Licensee agrees to be responsible for maintaining any
and all structures and buildings within and aboveOeF1 RECORD see shall not
2014 Easement Encroachment Agreement-Residential CITY SECRETARY
Page 1 of 10
PT.WORTH,TX
expand 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.
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
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.
2014 Easement Encroachment Agreement-Residential Page 6 of 10
This agreement shall be binding upon the parties hereto, their successors and
assigns.
EXECUTED this-day of 1 eG(( k'S 4 , 2017.
Ij
City Licensee:
City of Fort Worth Delinda Krazer
By: L By:
andle Ha od,LectoVr Name: �� Z
Planning& Development Title: 60. 14✓
By:
Name:
Title:
NO M&C REQUIRED
ATTEST: Approved As To Form and Legality
O EF ��e
ity Secretary �� ' ' �� sistant ity tt o`�ney
:O
STATE OF TEXAS
* 7CJ
COUNTY OF TARRA
BEFORE ME, the unde uthority, 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 FTS WORTH,TX Page 7 of 10
isk
GIVEN UNDER MY HAND AND SEAL OF OFFICE this_ day of
IRMA SAENZ
Notary Public in and for the Stat of Texas
Notary Public, State of Texas
Comm Expires 0 1-28-2020
Notary ID 2724984
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 Delinda Krazer, 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 Delinda Krazer, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this_ day of
20 ( ? .
PENN � ;
.:�oSAR),:9 NotaryPubli n and for the
State of T has
. '•.SAES �.
-2019
/1111111/1
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 Delinda Krazer, 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 Delinda Krazer, and in the capacity therein stated.
GIVEN L INDER MY HAND AND SEAL OF OFFICE this day of
7"
201 -7 .
otary P is in and for the
j• <AN
OP TSP`' *:Z_ State of Texas
moiYR
, 1 ,
,,,','�l?INi�119`````````��
inn
2014 Easement Encroachment Agreement-Residential Page 10 of 10
Work Order
Customer Information Date: 8/4/2017
Delinda Krazer
2468 McAdool-n Tony Rodriguez
Ft Worth,Tx 76132 PO BOX 17052
903-821-1264 Fort Worth,Tx 76102
682-564-2372
ftworthfenceandpatio@gmail.com
160'
58' Encroachment area 120'
18" 20'
House
Fence Lines
18' fence line is a 6ft tall wood privacy fence
20' fence line is a 6ft tall wood privacy fence
120' fence line is a 8ft tall wood privacy fence
160' fence line is a 8ft tall wood privacy fence
58' fence line is a 8ft tall wood privacy fence
sbrvey Plat
P488 MCAD00 LANE
Lot 18, Block 24
NORTRBROOK ADDITION,
an Addition to the City of Fort Worth. Tarrant Connty,
Texas, according to the Plat thereof recorded in Cabinet A.
Slide 8180, Plat Records. Tarrant Count7. Teras.
00 ��
RESIDENCE o ��
: .• �'�.
wi 1h
CmI
R?r
Ir
/21
LAS l
Y o 16 30 +a w
how�$ ��9J��
x&LI w.Ic+
LSYPPMV MIZ6LL
SUP
TW P"Tt mE r vas Pru-rL rMr AN RI ?TEXAS GEOSFATIAL
v+ r+rE rrrDtr+e sumvcr g- rl+r tssetLY r�srRt»�D
AwrorY sw%w 1AMW
�f�ji V6M.TX.GEO.C�M
// 4918 B£N DAY XLe.9J)V RLL
FT. VQRTH, TX 76126
sTrpffjl Pama 817-441-6199
RMFST.R[D PROfMJOrU: LAND S(04N l+ FAX+ 817-441-6805
TfYAS REGSr,AMM NO. 6+85
SU3-4 O ON IME CRO&D FEBRU*.Y 2Z 2011
scat ,••30 1 .0"b x« ,a,ma I rcd,: nR ENM. YD
DATE(MMIDD/YYYY)
ACCORL> CERTIFICATE OF LIABILITY INSURANCE
�.- 08/08/2017
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to
the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT
NAME:
HISCOx Inc. PHONE FAX
(Arc..No Ext:: (888)202-3007 AIG No):
520 Madison Avenue a�ESS: contact@hiscox.com
32nd Floor INSURER(S)AFFORDWGCOVERAGE NAICR
New York,NY 10022 INSURERA: Hiscox Insurance Company Iric 10200
INSURED _. INSURER B: ....
Ft Worth Fence and Patio INSURER C
2821 McLemore INSURER D:
INSURER E:
Ft Worth TX 76111 INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
ra TYPE OF INSURANCE DL SU POLICY EFF POLICY EXP LIMITS
POLLCY NUMBER N
X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 300,000
RENTED
CLAIMS-MADE �OCCUR PREMISES Ea orr�rrrenre $ 1 oo(I00
MED EXP(Arty one person) $ IN.Cif ir],
A N UDC-2035662-CGL-17 0$/08/2017 OMW2018 PERSONAL&ADV INJURY $ 300.000
GEMLAGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 300,/300
POLICY❑JPECTRO- F LOC PRODUCTS-COMPIOPAGG $ 300 ,000
._.... OTHER $
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $
Ea accident
ANY AUTO BODILY INJURY(Per person) $
ALL OWNED SCHEDULED BODILY INJURY(Per accident) $
AUTOS AUTOS
HIRED AUTOS NON-OWNED PROPERTY DAMAGE $
AUTOS (Per accident)_ _.._
$
UMBRELLALl42 OCCUR EACH OCCURRENCE $
EXCESS LIAB HCLAIMS-MADE AGGREGATE. $
DED I I RETENTION$ $
WORKERS COMPENSATION
AND EMPLOYERS LIABILITY YIN STA LITE ERS
ANYPROPRIETORIPARTNEPIEXECUTIVE E.L EACH ACCIDENT $
OFFJCEPrM EM®ERF XCLtnG121 ❑NIA
(Mandatary in NH) E.L DISEASE-EA EMPLOYEE $
If yes,daunkre under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks SeMtlJe,may be aQached ti more apace N regLdred)
CERTIFICATE HOLDER CANCELLATION
City of Fort Worth
200 Texas Street SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
Fort Worth,TX 76102 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
Icl 1QRR.9MA ACr1Rn r.nppnRATInIJ All rinhle roea"arl
Contract Compliance Manager:
By signing I acknowledge that 1 am the person responsible
for the monitoring and administration of this contact, including
ensuring all performance and reporting requirements.
Iln
d CXR
4a � of ml loy
Title