HomeMy WebLinkAboutContract 51672 CITY SECRETARY
CONTRACT NO._ 5 i 6-7 a
EASEMENT ENCROACHMENT LICENSE AGREEMENT
c\G�Scc��SP�v
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, its duly designated Assistant City Manager or
Planning and Development Director ("City"), and Maverick and Joyce Smothers, hereinafter
referred to as "Licensee", owner of the real property located at 6224 Locke Avenue, Fort
Worth, Texas 76116 ("Property"), more particularly described in the attached Legal
Description.
RECITALS
WHEREAS, Licensee is the owner of certain real property situated in the City of Fort
Worth, Tarrant County, Texas, more particularly described in the attached Legal Description, of
the Property, attached as Exhibit"C", and incorporated herein for all purposes; and
WHEREAS, the City has a four foot wide water easement (the "Easement") in the
property as shown on the map attached to this Agreement as"Exhibit A"; and
WHEREAS, Licensee desires to construct/place and maintain 8' tall board on board
fence which will be encroaching into water easement (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 foe sot 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 Encroachment Agreement - Residential R n �p�g� eD
CITY SECRETARY
ET. WORTH,TX
Easement as described in and at the location shown in "Exhibit A" for the purpose of installing
8' tall board on board fence (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 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, Ordinances
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 or 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
Easement Encroachment Agreement - Residential Page 2 of 14
Revised 10/22/2018
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.
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 Five Hundred Dollars
($500.00).
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. However, this Agreement shall terminate upon
Licensee's non-compliance with any of the terms of this Agreement. City shall notify Licensee
of any non-compliance and if not cured within thirty (30) days, this Agreement shall be deemed
terminated, unless such noncompliance is not susceptible to cure within thirty (30) days, in
which case this Agreement shall be deemed terminated in the event that Licensee fails to
commence and take such reasonable steps as are necessary to remedy the non-compliance within
thirty (30) days after written notice specifying the same, or having so commenced, thereafter
fails to proceed diligently and with continuity to remedy same.
6.
It is further understood and agreed upon between the parties hereto that the Easement to
be used and encroached upon as described herein, is 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
Easement Encroachment Agreement - Residential Page 3 of 14
Revised 10/22/2018
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 Easement to be used for any other public purpose
that does not preclude the use of the Encroachment on the Property, including but not being
limited to underground, surface or overhead communication, drainage, sanitary sewerage,
transmission of natural gas 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 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 proof of
insurance showing that Licensee has secured and paid for a homeowner's insurance policy
covering all 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:
Easement Encroachment Agreement - Residential Page 4 of 14
Revised 10/22/2018
$300,000
with the understanding and agreement by Licensee that such insurance amounts may be revised
upward at City's option and that Licensee shall so revise such amounts immediately fallowing
notice to Licensee of such requirement. Such insurance policy shall not 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 proof of insurance is attached as attached as "Exhibit B" and
incorporated herein for all purposes. Licensee agrees to submit a similar proof 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 homeowner's insurance at all times during the term of this Agreement and
until the removal of all encroachments and the cleaning and restoration of the Easement.
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.
Easement Encroachment Agreement - Residential Page 5 of 14
Revised 10/22/2018
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 respondent 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.
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 cif this Agreement.
16.
Easement Encroachment Agreement - Residential Page 6 of 14
Revised 10/22/2018
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.
Easement Encroachment Agreement - Residential Page 7 of 14
Revised 10/22/2018
EXECUTED this Vday of 20 6 .
City: Licensee:
City of Fort Worth Maverick and Joyce Smothers
r
By: • By�
Randle Harwo ,Director Name: Maverick Smothers
Planning&Development Title: Owner
Byr,
Name: Joyce Smothers
Title: Owner
ATTEST: ' c 3 ��`; .4 Approved As To Form and Legality
TE 0`J -
45s-t :City Secretary Trey ,Assistant City Attorney
Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this contract, including ensuring all performance
and reporting requir ments.
Janie S. Morales
OFFI RE
Easement Encroachment Agreement - Residential
est iRBf
FT WORTH, TX
Development Manager
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.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this J'(- day of
20j�_.
`p`ayp�b, JENNIFER LOUISE EZERNACK
♦P N
'a' • ,Notary Public, State of Texas
;"9•i'�•�e` Comm. Expires 03-01-2020
Notary ID 130561630
vl'�'4- 1�4
/ I U
Notary Pub •'c in and for the State of Texas
Easement Encroachment Agreement - Residential 0FF9C[,page 9 of 14
W sed 10/22/2018
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 Maverick Smothers, 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 6224 Locke Avenue,
Fort Worth,Texas 76116, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this D,4eG day of 7 , 20
ARAMI HUTCHINS
° Notary ID#129976383
Notary Public in and for the f My Commission Expires
September 29, 2022
State of Texas
OFFICIAL RECORD
Easement Encroachment Agreement - Residential 'r
Re isied 1
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 Joyce Smothers, 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 6224 Locke Avenue,
Fort Worth,Texas, 76116, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 7 day of'Pe C , 20 l'
WD"'11",
ARAMI HUTCHINS
NotaryID#129976383
My Commission Expires September 29, 2022
Notary Public in and for the
State of Texas
Easement Encroachment Agreement - Residential Page 11 of 14
Revised 10/22/2018
EXHIBIT"A"
Map of Encroachment and Easement
Easement Encroachment Agreement - Residential Page 12 of 14
Revised 10/22/2018
Exhibit A
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EXHIBIT`B"
Certificate of Insurance
Easement Encroachment Agreement - Residential Page 13 of 14
Revised 10/22/2018
Exhibit B
Renewal House & Home Policy Declarations Its
tate,
Your policy effective date is May 1,2018 You're in good hands.
Page 1 of 4
Total Premium for the Policy Period Information as of March 15,2018
Premium for property insured $2,041.93 Summary
Recoupment Fee Volunteer Rural Fire Department Assistance 1.26 Named Insured(s)
Program Joyce Smothers and Maverick W
If you pay in installments* $2,043.19 Smothers
......................................................................................................................................... .
If you pay in full $1,910.61 6224 Lockeaddress Ave
Your bill will be mailed separately.Before making a payment,please refer to your
Fort Worth TX 76116-4637
latest bill,which includes payment options and installment fee information.If you do Policy number
not pay in full,you will be charged an installment fee(s). 838 514 217
Your policy provided by
Your total premium for this policy period has increased by at least 10% Allstate Vehicle and Property
Insurance Company
Policy period
Discounts (included in your total premium)
Beginning May 1,2018 through May 1,
Protective Device $22.94 Multiple Policy $422.65 2019 at 12:01 a.m.standard time
Claim Free $265.37 Home Buyer $16.78 Your Allstate agency is
Early Signing $17.79 Loyalty $92.88 Shelley Haddock
Responsible Payment $282.16 Smoke-Free $81.99 6300 Ridglea PI#307
Welcome $92.88 Fort Worth TX 76116-5705
(817)737-8100
Total discount savings $1,295.44 shaddock@allstate.com
Some or all of the information on your
Insured property details* Policy Declarations is used in the rating
of your policy or it could affect your
Please review and verify the information regarding your insured property.Please eligibility for certain coverages.Please
refer to the Important Notice(X73182)for additional coverage information.Contact notify us immediately if you believe
us if you have any changes. that any information on your Policy
Location of property insured: 6224 Locke Ave, Fort Worth,TX 76116-4637 Declarations is incorrect.We will make
corrections once you have notified us,
Dwelling Style: and any resulting rate adjustments,will
Built in 2006;1 family;3343 sq.ft.;2 stories be made only for the current policy
Foundation: period or for future policy periods.
Slab at grade,100% Please also notify us immediately if you
Attached structure: believe any coverages are not listed or
Attached garage,528 sq.ft. are inaccurately listed.
Interior details:
One designer kitchen Two single fireplaces
Three designer full baths One softwood straight staircase
Exterior wall type:
100%brick on frame
Interior wall partition:
0
(continued)
"1411
Exhibit B
Renewal House&Home Policy Declarations Page 2 of 4
Policy number: 1838 514 277
Policy effective date: May 1,2018
Insured property details*(continued)
100%drywall
Heating and cooling:
Average cost heating system,100% Central air-same ducts,100%
Additional details:
Standard wood sash with glass,100% Interior wall height-8 ft,100%
Two exterior wood doors
Fire protection details:
Fire department subscription-no 1 mile to fire department
Roof surface material type:
Composition
•100%architectural shingles
...............................................................................................................................................
:Roof details:
:Predominant roof type:Composition Age of roof-2 years
::Roof geometry-Gable
•..............................................................................................................................................
Mortgagee
BOKF NA DBA BANK OF TEXAS ITS SUCCESSORS&/OR ASSIGNS
P O Box 1550,Springfield,OH 45501-1550
Loan number:004399144
Additional Interested Party-None
*This is a partial list of property details.If the interior of your property includes custom
construction,finishes,buildup,specialties or systems,please contact your Allstate
representative for a complete description of additional property details.
Coverage detail for the property insured
Coverage Limits of Liability Applicable Deductible(s)
Dwelling Protection $552,000 •$5,520 Windstorm and Hail
•$5,520 All other perils
Other Structures Protection $82,800 •$5,520 Windstorm and Hail
•$5,520 All other perils o
Personal Property Protection $331,200 •$5,520 Windstorm and Hail
•$5,520 All other perils
Additional Living Expense Up to 24 months not to exceed$110,40001
00
Family Liability Protection $300,000 each occurrence o
Guest Medical Protection $5,000 each person o
Foundation Water Damage $5,000 00
ry
Building Codes Not purchased* 10
S
Building Structure Reimbursement Not purchased* ID
Extended Limits
m
Roof Surfaces Extended Coverage Included
CD
Water Back-Up $10,000 •$1,000 Water Back-Up o
X
Residence Glass Included
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Exhibit B
Renewal House&Home Policy Declarations
Policy number: 1838 514 2171 Page 3 of 4
A8 11 S t a be
Policy effective date: May 1,2018
You're in good hands.
► Other Coverages Not Purchased.
•Additional Fire Department • Extended Coverage on Musical • Identity Theft Expenses*
Charges* Instruments* • Increased Coverage on Business
• Building Materials Theft* • Extended Coverage on Sports Property*
•Country Endorsement* Equipment* • Increased Coverage on Theft of
• Dwelling in the Course of • Fair Rental Income* Silverware*
Construction* •Golf Cart* • Loss Assessments*
• Electronic Data Recovery* •Green Improvement* •Secondary Residence*
• Extended Coverage on Cameras* • Home Day Care* •Yard and Garden*
• Extended Coverage on Jewelry,
Watches and Furs*
*This coverage can provide you with valuable protection.To help you stay current with
your insurance needs,contact your agent to discuss available coverage options and
other products and services that can help protect you.
Scheduled Personal Property Coverage
Your policy does not include Scheduled Personal Property Coverage.This coverage can provide you with valuable protection.To
help you stay current with your insurance needs,contact your agent to discuss available coverage options and other products and
services that can help protect you.
Your policy documents
Your House&Home policy consists of the Policy Declarations,any Policy Declarations Addendum,and the following
documents. Please keep them together.
• AVPIC House&Home Policy -AVP91 • Residence Glass Coverage-AVP99
• Windstorm and Hail Deductible Endorsement-AVP82 • Texas Amendatory Endorsement-AVP348
• Water Back-Up Endorsement-AVP98-1 • Texas Amendatory Endorsement-AVP345
• Roof Surfaces Extended Coverage Endorsement-AVP144-1
Important payment and coverage information
Here is some additional,helpful information related to your coverage and paying your bill:
► You purchased our Enhanced Package as part of your policy,which provides you with the following benefits:
■Claim RateGuardsm
This feature will help you keep your discounts and avoid a premium increase in the unfortunate event that you have a
claim.If you file a claim to which we apply the Claim RateGuards"feature,you will not lose the Claim Free Discount,if
you already have that discount on your policy.
■Claim-Free Bonus
For every twelve-month period that your policy is claim-free,you will earn a Claim-Free Bonus credit of up to 5%of your
current policy's premium,which you can apply toward your next renewal premium. If your policy does not renew,we will
apply the credit amount to any outstanding premium balance and any remainder refunded to you.
► The Property Insurance Adjustment condition applies.
0
► Please note:This is not a request for payment. Your bill will be mailed separately. o
(continued)
Exhibit B
Renewal House&Home Policy Declarations Page 4 of 4
Policy number: 1838 514 217
Policy effective date: May 1,2018
Important payment and coverage information(continued)
► If,however,you would like to make a payment by credit card(Visa/MasterCard/Discover)or Check-By-Phone,please call
1-800-357-5092.
Allstate Vehicle and Property Insurance Company's Secretary and President have signed this policy with legal authority at
Northbrook,Illinois.
Julie Parsons Susan L. Lees
President Secretary
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EXHIBIT"C"
Metes and Bounds of the Property
Easement Encroachment Agreement - Residential Page 14 of 14
Revised 10/22/2018
Exhibit C
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unatr rn tar axe,Cr axrl
aawh Showing .
Lot B,RIM*7, R[datee dadltten to !ha L ty of ftrt Worth. Tarmnt,County. 'rax", .
N-1;1111 to She plot reau,I d in v]ams mr, Page M,Plat Racards,-?arrant
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Notes.
According.to the'Plood Insuranca Rata Map for Tamsnt Cmff dy, Teras mut
Incorporated Areas, Community Panel Na. 48439C 0981 M Dated August'2,
f995, thds lot is to Zana X. wWh to not {n the t00 year flood tone.
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