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HomeMy WebLinkAboutContract 32380 CITY SECRETARY CONTRACT NO. Easement on Encroachment Agreement STATE OF TEXAS § COUNTY OF TARRANT § WHEREAS, ;"�> L E/ �, (,�N%h' L L. (hereinafter referred to as "Owner") re resents thaf it is the owner of the real property legally described as Lot l , Blk 35 lj4oe-L C-4(PK &,,# Addition to the City of Fort Worth, Tarrant County, Texas, as recordedin Volume) ,2 Y, Page , of the Deed Records of Tarrant County("Property")' and WHEREAS, the City of Fort Worth has a twelve and a half (12.5) foot drainage easement (the "Easement") which contains a sixty (60) inch storm drain in the Property, as shown on the map attached to this Agreement as Exhibit"A" and incorporated herein; and WHEREAS, Owner desires to construct a carport (the "Encroachment") eighteen (18) inches from the property line,which will extend in, on, over or along the Easement: NOW, THEREFORE,WITNESSETH: That Owner hereby covenants and agrees as follows: 1. Owner agrees that Encroachment will comply with all standards, policies and procedures of the City of Fort Worth governing construction, permits, and set backs from the property line, including, but not limited to, a variance from the Board of Adjustment for the side yard encroachment, a one hour fire wall and a four inch drip line on the roof on the carport. 2. Prior to the construction of the Encroachment, Owner shall submit plans and specifications to the Director of Transportation and Public Works of the City of Fort Worth (the "Director") indicating the location on the property and dimensions of the carport. Owner shall not commence construction of the Encroachment until the Director has indicated to Owner in writing that he has no objections to said plans and specifications. Any subsequent repair, replacement, expansion or alteration of the Encroachment must also be submitted to the Director with the plans and specifications therefore, and the Director must indicate in writing that he has no objections thereto, prior to the commencement of such work. Owner hereby releases City from any responsibility or liability in any way related to the plans and specifications. In addition, Owner shall indemnify City in accordance with this Agreement for any responsibility or liability in any way related to the plans and specifications, asserted against City by any third party. 3. Owner shall be solely responsible for maintenance of the Encroachment. Owner's maintenance of the Encroachment shall at all times be in compliance with City of ORIGINAL Fort Worth standards. Owner shall assume any liability in any way concerning, related to or resulting from the Encroachment, either directly or indirectly. 4. Should it become necessary for City to repair, replace, maintain, remove, enlarge, expand or otherwise alter in any way its public facilities or utilities located in, on, under or over the Easement, City shall not be responsible for any damage or other adverse consequence resulting to the Encroachment or to Owner. Furthermore, Owner shall pay all costs incurred by City with respect to any necessary demolition or removal of the Encroachment resulting from or in any way related to City's use or maintenance of the Easement. 5. OWNER SHALL INDEMNIFY, HOLD HARMLESS, RELEASE AND DEFEND CITY FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, EXPENSES, LAWSUITS, CAUSES OF ACTION OR OTHER ADVERSE, CONSEQUENCES RELATED OR IN ANY WAY PERTAINING TO, DIRECTLY OR INDIRECTLY, THE DESIGN, CONSTRUCTION, USE, MAINTENANCE, LOCATION OR EXISTENCE OF THE ENCROACHMENT. The foregoing provision shall apply in any event to the acts or omissions of the Owner or any third party and shall include but not be limited to, any claims, damages, costs expenses, lawsuits, causes of action or other adverse consequences, as described in said provision, resulting from the negligence of the City of Fort Worth. In addition, Owner hereby waives any right to assert any claims damages, costs expenses, lawsuits, causes of action or other adverse consequences against City resulting from or related in anyway to this Agreement. 6. Owner covenants, agrees and acknowledges that this Agreement is solely for the purpose of permitting Owner to construct, maintain and locate the Encroachment over or within the described Easement and it not a conveyance of any right, title or interest in or to the Easement. 7. Owner covenants, agrees and acknowledges that City has the right to terminate this Agreement and the privileges granted hereunder, at any time, by notifying Owner or its agent in writing of its intent to terminate same. Owner covenants and agrees that in the event this Agreement is terminated for any reason, Owner shall immediately remove Encroachment and, should Owner fail to remove same, City shall have the right to remove same. City shall incur no liability as a result of such removals, and Owner hereby releases City and holds City harmless from any such liability. All charges incurred by City in connection with such removal shall be borne by Owner and shall constitute a lien against the Property. Said lien shall be perfected by filing an affidavit in the Deed Records of Tarrant County, Texas, specifying the amount of the lien. 8. Owner and City mutually covenant and agree that City, acting by and through its duly authorized agents, officers, servants or employees, shall have at any and all times the full and unrestricted right to enter Owner's property for the purpose of examining and inspecting the Encroachment and its appurtenances to determine the compliance by Owner with its obligations hereunder. 9. Neither this Agreement nor any part thereof shall be assigned by either party without the prior written consent of the other party, and such assignment without such prior written consent shall constitute a breach of this Agreement and shall be grounds for termination of same. 10. Owner shall operate hereunder as an independent contractor and not as an officer, agent, servant or employee of City. Owner shall have exclusive control of and the exclusive right to control the details of the work and services performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, representative and independent contractors. The doctrine of respondeat superior shall not apply as between City and Owner and nothing herein shall be constructed as creating a partnership or joint enterprise between City and Owner. 11. In any action brought by City for the enforcement of the obligations of Owner, City shall be entitled to recover its court costs, expenses and reasonable attorney's fees from Owner. 12. If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas — Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. 13. Any notices required hereunder shall be effective as of the date they deposited in the United States mail, certified, return receipt requested. The notices shall be effective when addressed as follows, provided the party mailing the notice has not received written notification of a change in same: To Owner: To City: City of Fort Worth Transportation/Public Works Director 1000 Throckmorton Fort Worth, Texas 76102 14. The failure or inaction by City in enforcing any of its rights or privileges hereunder shall not constitute a waiver of City's ability to subsequently enforce such rights or privileges. 15. The covenants and agreements set forth herein shall constitute a servitude upon and shall run with the land and be binding upon Owner and successors in interest to the Property. 16. The term "Owner" as used herein shall mean Owner and shall include the heirs, successors and assigns of Owner, as well as its agents, servants, employees, representatives and independent contractors. This provision shall not alter in any way the requirements of Paragraph 9 herein. The Term "Owner" shall include anyone claiming ownership of the Property, in possession thereof, the record titleholder and/or the legal titleholder. 17. The term "City" as used herein shall include the agents, representatives, servants, employees, and independent contractors of the City of Fort Worth. 18. Should any portion of this Agreement be determined to be illegal, unconstitutional or otherwise unenforceable, the remaining portions of the Agreement shall continue in force and remain effective and shall be construed consistently with the originally intended purposes of the Agreement. 19. This Agreement may be amended by written amendment executed by both parties hereto. This Agreement and any subsequent written amendments shall constitute the entire agreement of the parties and shall supersede any prior or contemporaneous oral or written agreements pertaining to the subject matter contained herein. EXECUTED this day of ' 2005. CITY OF FORT WORTU OWNE By: By: arc Assistant City Manager ATTEST: City Secretary APPROVED AS TO FORM AND LEGALITY Assistant City 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 cL h4L a. 6r eQ&L x , 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 , and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of JS PN L E� Notary Public in and for the " ,11 of TEFF State of Texas wo'�� oP ' /RES %''''49;,a,00,a� 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 a4d-V'a e rea t,-K , 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE this J Q day of 20Q�. ````",��puuuuununr N �eE rF" J5 .•��yZy PG Q ` V CO O` e,. &tary Public in and for the .A w CO 'Stade of Texas F OF SSC Real Estate Data Display Page 1 of 2 Home 1 Search I Iri Map PDF Version Tarrant Appraisal District Real Estate 09/19/2005 Account Number: 06204554 Georeference: 7087-18-35 Property Location: 2300 Sundrop Ct, Fort Worth Owner Information: Cantrell, Riley G Etux Mary K 2300 Sundrop Ct Fort Worth Tx 76108 6 Prior Owners Legal Description: Chapel Creek Ranch Addition Blk 18 Lot 35 Taxing Jurisdictions: 026 City of Fort Worth 099 Regional Water District 220 Tarrant County 224 Tarrant County Hospital Dist 225 Tarrant County College Dist 905 Fort Worth ISD This information is intended for reference only and is subject to change. It may not accurately reflect the complete status of the account as actually carried in TAD'S database. Certified Values for Tax Year 2005 Land Impr 2005 Total** 2004 Total Market Value $19,800 $77,100 $96,900 Appraised Value* $19,800 $77,100 $96,900 $92,600 Approximate Size*** 1,560 Land Acres 0.0000 Land SgFt 0 Appraised value may be less than market value due to state-mandated limitations on value Increases " A zero value in(jicates khat the property record has not yet been completed for the;indicatecl tax year Flounced 2005 Notice Sent: 04/13/2005 Protest Deadline: 05/31/2005 Exemptions: Disabled Person General Homestead Property Data Deed Date: 04/17/1996 Class: 006 Deed Vol: 012339 State Code: Al Single Family file://C:\Documents%20and%20S ettings\fluschp\Local%20Settings\Temporary%20Interne... 9/19/2005 Real Estate Data Display Page 2 of 2 Deed Page: 0845 Garage Bays: 02 Year Built: 1996 Central Air: Y Pct Complete: 100 Central Heat: Y TAD Map: 1994 388 Pool: N MAPSCO: 072F Agent: None MAPQUEST Map file://C:\D ocuments%20and%20S ettings\fluschp\Local%20S ettings\Temporary%20Inteme... 9/19/2005