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HomeMy WebLinkAboutContract 52917 CITY SECRETARY Cb z� �� CONTRACT NO._ 5o2al 17 � RE��tVED ----�— 1 � 2G19 EASEMENT ENCROACHMENT LICENSE AGREEMENT C1 5V S°ARE Aft w \Cy Residential THIS AGREEMENT is made and entered into by and between THE CITY OF FORT WORTH ("City"), a home rule municipal corporation of Tarrant County, Texas, acting by and through its duly authorized City Manager, Assistant City Manager, or Planning and Development Director, and Kyla and ;Jason Cox ("Licensee"), owner of the real property located at 336 Eastwood Avenue, Fort Worth, Texas 76107 (the "Property"), more particularly described in the attached Legal Description. RECITALS WHEREAS, Licensee is the ovmer of certain. real property :situated in the City of Foul 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 water easement (the "Easement") in the Property as shown on the reap attached to this Agreement as "Exhibit A," which is incorporated herein for all purposes; and WHEREAS, Licensee desires to construct, place, and/or maintain certain improvements which will encroach in, on,above, or below the City's Easement; 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 1_.icensee 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 in, on, above, or below and occupy a portion of the City's Easement as described in and at the location shown on Exhibit A, but only to the extent shown thereon, for the purpose of constructing a retaining wall (the "Encroachment"), Upon completion of the Encroachment, Licensee agrees to be responsible for maintaining the Encroachment within the Easement. Licensee shall not expand or otherwise Easement Encroachment Agreement-Residential Page 1 of 15 GKIlRECORD 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 cxhibit's) attached hereto. 2. All construction, maintenance, or operation in connection with such Encroachment, use, or occupancy shall comply and be performed in strict compliance with this Agreement and 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, or their duly authorized representative. Prior to the construction of the Encroachment, Licensee shall submit all plans and specifications to the applicable Director or duly authorized representative. Licensee shall not commence construction of the Encroachment until such approval shall be indicated in writing by the applicable Director or authorized representative. However, such approval shall not relieve Licensee of responsibility and liability for concept, design, and computation in the preparation of such plans and specifications, Licensee, at no expense to the City, shall make proper provisions for the relocation. and installation of any existing or future utilities affected by such Encroachment, use, and occupancy, including securing the approval. and consent of the appropriate utility companies and agencies of the State and its political subdivisions. In the event that any installation, reinstallation, relocation, or repair of any existing or future utility or improvements owned by or 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 Encroacl-inient and use, Licensee shall pay to the City all 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, or their duly authorized representative, Easement Encroachment Agreement-Residential Page 2 of 15 Revised 12/2018 4. Licensee agrees that the City may enter and utilize the relercnced 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. The City shall bear no responsibility or liability for any damage or disruption or other adverse consequences resulting from the Encroachment installed by Licensee, but the City will make reasonable efforts to minimize such damage. 5. (Upon termination of this Agreement,Licensee shall, at the option of and at no expense to the City, remove the:Encroachment and restore the Easement to a condition acceptable to the Director of Transportation and Public Works or the Director of the Water Department, or their duly authorized representative, in accordance with then-existing,City specifications. It is understood and agreed to by Licensee that if this Agreement terminates and Licensee fails to remove the Encroachment as directed and restore the Easement, Licensee hereby gives the City permission to remove the Encroaclunent and any supporting structures and assess a lien on the Property f'or the costs expended by the City, in taping such actions. 6. In order to defray all costs of inspection anti supervision which City has incurred or will incur as a. result of the construction, maintenance, inspection, or management of the encroachments anti 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 Dollar:. ($500.00). Easement Encroachment Agreement-Residential Page 3 of 15 Revised 12/2018 y T The term of this Agreement shall be for thirty (30) years, commencing on the date this Agreement is executed by the City, However, this Agreement may be terminated upon Licensee's noncompliance with any of the terms of this Agreement. City shall notify Licensee in writing of any noncompliance and if not cured within thirty (30) days, this Agreement shall be deemed terminated, unless such noncornpliarice 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 noncompliance within. thirty (30) days after written notice spccif�ing the same, or having so commenced, thereafter tails to proceed diligently and with continuity to remedy same. S. It is further understood and agreed upon between the parties hereto that the Easement to be used and encroached upon 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 die 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 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 C� 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. 9. 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 Easement Encroachment Agreement-Residential Page 4 of 15 Revised 12/2018 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, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION, NIAINTENANCE, 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' AIND ALL INJURY OR DAMAGE TO CITY PROPERTY ARISING OUT OF OR IN CONNECTION WITH THE ENCROACHMENTS AND ANY AND ALI., ACTS OR OMISSIONS OF LICENSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES,CONTRACTORS, SUBCONTRACTORS,LICENSEES, OR INVITEES. 10. While this Agreement is in effect, Licensee agrees to furnish City with a Certificate of Insurance as proof that it has secured and paid for a homeowner's insurance policy covering all S public risks related to the proposed use and occupancy of publicalocated property 171 and described in Exhibit A. The amounts of such insurance shall be not less than the following: $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 following notice to Licensee of such requirement, Such insurance policy shall not be canceled or amended without at least thirty (30) days prior written notice to the Building Officiat of the City. A copy of such Certificate of Insurance is attached as "Exhibit B" and incorporated herein for all purposes. Licensee agrees to submit a similar Certificate of Insurance annually to the City on the anniversary date of the execution of this Agreement. Licensee agrees, binds, and obligates itself and its successors and assigns to maintain and keep in force such homeowner's insurance at all times during the terra of this Agreement and until the removal of all encroachments and the cleaning and restoration of the Easement. All Easement Encroachment Agreement-Residential Page 5 of 15 Revised 12/2018 insurance coverage required herein shall include coverage of all of Licensee's contractors and subcontractors. M 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 Agreement in the real property records of Tarrant County,Texas. After being recorded, the original shall be returned to the City Secretary of the City of Fort Worth. 12, Licensee agrees to comply fally with all applicable federal, state, and local laws, statutes, ordinances, codes, and regulations in connection. with the construction, operation, and maintenance of the Encroachment and uses, 13. Licensee agrccs to pay promptly when due all fees, tTAc,,, or rentals provided for by th-1,; Ag U p-cenicrit or by any f-deral,state, or local statute, taw, or regulation. 14. 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 C, Easement Encroachment Agreement-Residential Page 6 of 15 Revised 12/2018 subcontractors, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Licensee. 15. 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 Easernent and is not a conveyance of any right, tittz, 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, 16. In any action brought by the City for the enforcement of the obligations of the Licensee, the City shall be entitled to recover interest and reasonable attorneys' fees. 17. The parties agree that the duties and obligations contained in Section 5 shall survive the termination of this Agreement. 18. Licensee covenants arid.agrees that it will not assign all or any of its rights, privileges, or duties Linder this contract without the written approval of the City, and any attempted assignment without such written approval shall be void. In the event Licensee conveys the Property, Licensee may assign all of its rights and obligations under this Agreement to the new owner of the Property, and Licensee shall be deemed released from its duties and obligations hereunder upon City's approval in writing of such assignment, which approval shall not be unreasonably Easement Encroachment Agreement-Residential Page 7 of 15 Revised 12/2018 conditioned or withheld. Foreclosure by a secured lender of Licensee or assignment to a secured lender by Licensee in the event of default or otherwise shall not require City approval provided that said lender notifies City in writing within sixty (60) days of such foreclosure or assignment and assumes all of Licensee's rights and obligations hereunder. However, no change of ownership due to foreclosure or assignment to any secured lender of Licensee shall be effective as to City unless and until written notice of such foreclosure or assignment is provided to City, 1.9, Any cause of action for breach of this Agreement shall be brought in Tarrant County, Texa& This Agreement shall be governed by the Jmvs ofthe State of Texas. 20. This Agreement shall be binding upon the patties hereto and their successors and assigns. 21. This Agreement may be executed in multiple counterparts,each of which shall be considered an original,but all of which shall constitute one instrument. [SIGNATURES APPEAR ON THE FOLLOWING PAGE] Easement Encroachment Agreement-Residential Page 8 of 15 Revised 12/2018 City: Licensee: CITY OF FORT WORTH JASON COX KYLA COX By: By: Randle Harw d,Director Name: Jason Cox Planning& Deyelo4nent Title: Owner Date: Q Date: By: Na e: Kyla C x Title: Owner Date: I'L[ — Z 19 ATTEST: Approved As To Form and Legality City Secret; f ' :Q� Trey Qualls U S Assistant City Attorney l�j(AS 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 r porting requirements. Janie S.Morales Development Manager Easement Encroachment Agreement-Residential 9 of 15 OFEI&I NO CM 5FORFTARY _'4 c STATE OF TEXAS COUNTY OF TARRANT BER)RE 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 the that he executed the same for the purposes and consideration therein expressed, as the act and deed of the Citv of Fort Worth, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE thisAday of 20__6. 7� lilt/, 0 JE NNIFER LOUISE Not— Public inL)Or the State of�Texas 4 EZERNACK 4) a S Notary Public,State of Texas Z* Comm.Expires 03-0101-2020 Notary ID 13056,1630 ..j J After recording return to: Planning&Development Development Coordination Office 200 Texas Street OFFICIAL RECORD Fort Worth, Texas 76102 CITY SECRETARY FT. WORTH,TX Easement Encroachment Agreement-Residential Page 10 of 15 Revised 12/2018 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 Jason Cox, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes and consideration therein expressed, as the act and deed of 336 Eastwood Avenue, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this S+ day of , 20 q . CINDY S RICHARDSON NotaryID# 129054011 My Commission Expires Notary Public"iri aryl for the +•,Ra,�,,* July 12,2020 State of 1 MY OFFICIAL RECORD CITY SECRETARY FT, WORTH,TX Easement Encroachment Agreement-Residential Page 11 of 15 Revised 12/2018 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 Kyla Cox, known to me to 'oe the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes and consideration therein expressed, as the act and deed of 336 Eastwood Avenue, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this l S�-day of 20 9 . 1 �Ck l CINDY S RICHARDSON notary ID * 129054011 My Commission Expires Notary Public:.a a;W for July 12,2020 State of OMCIAL kLCORD CITY SECRETARY ET WORTH,TX Easement Encroachment Agreement-Residential Page 12 of 15 Revised 12/2018 9 EXHIBIT.A Map of Easement and.Encroachment. Easement Encroachment Agreement-Residential Page 13 of 15 Revised 12/2018 B & DLEGEND �� { FENCE SURVEYING, INC. FIRM NO..I01247-00 t RETAINING WALL t; E? D CONCR[►[ ' . i t = co.Yw"EErea9N•a e auusrre eEc au•om.•cauam NOTES: P.O.BOX 293264 1.)ntlS EXHIBIT DOES NOT REPRESENT A BOUNDARY SURVEY. 2)B{D SURVEYING,INC.IS NOT RESPONSIBLE FOR ANV EASEYEM OR MISCELLANEOUS LEWISVILLE,TEXAS 75029 REQUIREMENTS THAT THEY HAVE NOT BEEN ADVISED OF. ' PHONE:972-221-2838 bd@bandsurveying.com SCALE:1 e=20' GREENWOOD MEMORIAL PARK VOL.309,PG.6 PRTCT N 02045 00"E o 5'00=8.30� CDNC.WALC SOZ 45 OO W 28.45 _64.45. _ _1 O'VTILITY`ASEMENT _ �- ATMOS ENERGY7 -- PER DIGTESS / N)'EASEMENTTV THE / -CITY OFFOR,WORTH ' -vo',125,PG,617 / LOT A,BLOCK 8 CRESTWOOD f VOL.388-B,PG.155 / PRTCT cA I o. _ o�" Q•' S� s Cb RESIDENCE e1' LOT 1,BLOCK 4oO UNDER w CONSTRUCTION CRESTWOOD fps �(0 336 EASTWOOD LOT 8 VOL.388-B,PG. 155 J' e,. AVENUE I o PRTCT I / LOT 9 II /�' / �� BLOCK 7 0 Go I J PO Z J ! o !J _........._. AY 4 s. SO'BUB.DMOIRIE / f R= 432.5 ' NO2°4500"E 106.20' (BASIS OF BEARING) ®MEA TER TER CHD=NO1 e51'15"E 44.80' EA T _S s OD AVENUE +ij' �((550'R.O.W.) REVISED:gala01S ADD PROPOSED DRIVEWAY. EXHIBIT ADDRESS 336 EASTWOOD AVENUE _ ___ SO FT ... _ ._........ _.........._. ._.----.__. .............. ___.__._....._... I BLOCK .._'.. ... _...... .._._.._. .. ......_.. _........... FLATWORK. _N/A... LOT '.9 BACK WA ...___i_LOt.._ WA B d D JOB* 181111JS._ HOUSE WA SURDMSIOW CRESTWOOD %COVERAGE ;WA PLAN MIA DATE 09/23/2019 BUILDER CLARITY HOMES j \WUur,w2\9OSS WBMCtSDtB\\t-Wnanb"Zp1B\Eattt i5-336lKf WOOD avHEwgY18it11S136 F.SIKWD.avEUGiF55.Quq.925R0193U1:06 PN.POE995 EXHIBIT B Certificate of Insurance Easement Encroachment Agreement-Residential Page 14 of 15 Revised 12/2018 Exhibit B ,*���' Evidence of Insurance for Mortgagee/Other FARMERS Interests INSURANCE This form is not the contract of insurance.It is a memorandum of coverage limited to mortgagee/other interests,provided at their request and applicable to the dwelling or building at the location below.The provisions of the policy will prevail in all respects.This certificate of insurance does not affirmatively or negatively amend,extend,or alter the coverage afforded by the insurance policy. Should the insurance policy be cancelled by the company before the expiration date thereof,notice will be given in accordance with the policy provisions. Policy Number: 32770-44-24 Underwritten By: Texas Farmers Insurance Company Policy Type: Farmers Smart Plan Home"' 15700 Long Vista Dr Policy Status: In Force Austin,TX 78728 Term Effective: 10/4/2019 12:01 AM Your Farmers Paul F Sitton Renewal Date: 10/4/2020 12:01 AM Agent: 3880 Hulen St Ste 110 Insured: Jason Cox and Kyla Cox Fort worth,TX 76107-7283 336 Eastwood Ave (817)509-0085 Fort worth,TX 76107-1070 FAX:(817)509-0088 psitton@farmersagent.com Your Insured Property Property Ad d ress 336 Eastwood Ave,Fort worth,TX 76107-1070 Coverages Coverage Limit Coverage Limit Coverage A-Dwelling $464,000 Coverage B-Separate Structures $46,400 Extended Replacement Cost 10%($46,400) Coverage D-Loss of Use $139,200 (In Addition to Coverage A Limit) - - Coverage F-Medical Payments To Others $5,000 Coverage C-Personal Property $348,000 - - Contents Replacement Coverage Covered Building Ordinance or Law (10% rageAorB) CoverageE-PersonalLiability $1,000,000 Coverage A $46,400 Personal Injury Covered Coverage B $4,640 Identity Fraud Expense Coverage Not Covered Roof Materials Loss Settlement Replacement Limited Matching Coverage for Siding and Not Covered Cost Value Roof Materials Deductible Deductible Applicable to each covered loss except Windstorm or Hailstorm/Tropical Cyclone(1%of Cov.A Limit) $4,640 Windstorm or Hailstorm(1%of Cov.A Limit) $4,640 Tropical Cyclone(1%of Cov.A Limit) $4,640 farmers.com 25-8975 9-13 Page 1 of 3 o Evidence of insurance for Mortgagee/Other Interests(continued) Percent Deductibles adjust with changes to Cov.A Limit farmers.com 25-8975 9-13 Page 2 of 3 e Evidence of insurance for Mortgagee/Other Interests(continued) Mortgagees and Other Interests 1st Mortgagee Not Applicable Premium Details Annual Premium: $1,545.15 Fees: $25.00 FAIR Plan Assessment Recoupment:: $3.09 Total Premium: $1,573.24 Balance Due: $1,573.24 10/4/2019 Authorized Representative Date farmers.com 25-8975 9-13 Page 3 of 3 a t EXHIBIT C Metes and Bounds Legal Description of the Property Easement Encroachment Agreement-Residential Page 15 of 15 Revised 12/2018 Exhibit C + e 336 EASTWOOD DRIVEWAY TNCNAD 5001,6962512.7205,2315308.3893,0.0000,DRIVEWAY 5002,6962512.1448,2315318.4548,0.0000,DRIVEWAY 5003,6962486.6802,2315375.4291,0.0000,DRIVEWAY 5004,6962471.2806,2315368.2283,0.0000,DRIVEWAY 5005,6962472.0776,2315366.5201,0.0000,DRIVEWAY 5006,6962471.0683,2315361.7231,0.0000,DRIVEWAY 5007,6962466.8924,2315359.1554,0.0000,DRIVEWAY 5008,6962532.6093,2315286.3915,0.0000,PLAT 5009,6962466.7000,2315433.8437,0.0000,PLAT 5010,6962402.3440,2315430.4698,0.0000,PLAT 5011,6962373.9341,2315428.9805,0.0000,PLAT 5012,6962381.7870,2315279.1862,0.0000,PLAT 5013,6962487.8414,2315284.7460,0.0000,PLAT