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HomeMy WebLinkAboutContract 53855 Apr 30, 2020 CSC NO. 53855 11:29 AM EASENTE\T E\CROAC114NI ,1T LiCENSE,%GREE IE\T Resitlential THiS AGREEMENT is made and entered into b% and between THE CITY OF FORT (WORTH ("Cin-*'), 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 Joshua West ("Licensee"). owner of the real property located at 4904 Vega Court W. Fort Worth. Texas 76 133 (the "Properh.").more particularly described in the attached Legal Description. RECITALS WHEREAS. Licensee is the owner of certain real propert situated in the Cit} 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 11'HEREAS, the Cit has a drainage& uli/itl,easement(the"Easement-)itt the Property as shown on the map attached to this A�Lreement a-%"Exhibit A."%Nfiich is incorporated herein for all purposes; and MAIEREAS. Licensee desires to construct. place, and/or maintain certain improvements ,.%hich will encroach in.on. above. or below the C'ita's Easement: and %1-HF.REAS. to accommodate the needs of the Licensee. the City %%ill allow the encroachment under the terms and conditions as set forth in this.Agreement. NONA",THEREFORE. the City' and Licensee agree as follo,%s: A(TRUNIENT t. The City. in consideration of the payment by the Licensee of the tie set out below and covenants and agreements hereinafter contained to be kept a,td perinrmcd by the Licensee.hereby grants permission to the Licensee to encroach in. on, above, or below and occupy a portion of the Cit's Easement as described in and at the location shrntiit on Exhibit A, but only to the extent shown thereon. for the purpose of 15 linear fleet of K' wooden fence and 3 fence Posts on the northeast and northwest (30 linear feet and 6 fence posts total) that will cross over drainage K utility easement (the "Encroachment"). I;pon completion of*the Encroachment, licensee agrees F.acement Encroachment Agreement- Residential Of F 1.RWOR® CITY SEWNRY FT.WORTH,TX to he responsible for maintaining the Encroachment within the Easement. Licensee shrill not expand or other}vise 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 }t ith 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 %vith the directions of the Director of the Transportation and Public NVorks 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 %triting 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. 3. Licensee. at no expense to the City, shall make proper provisions for the relocation and installation of any existing or htture utilities atTected 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 byor on behalf' of the public or at public expense is made rnore costly by %irtue of the construction, maintenance. or existence of the Encroachment and use. Licensee shall pay to the City an additional amount equal to such additional cost as re.►sonably determined by the Director of Transportation and Public Works or the Director of the Water Department. or their duly authorized representative. Easement Enc:roachinctit A-rcenie nt- Residential Page 2 of 14 Rotised 12f2018 4. Licensee agrees that the 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. 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 tennination of this agreement. Licensee shall, at the caption of and at no expense to the City, remove the Encroachment and restore the Fasement 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 r�grecn;ent terminates and Licensee fails to remote the. Fncroachment as directed and restore the Easement. Licensee hereby gives the City permission to remove the Encroachment and any supporting structures and assess a lien on the Property- for the costs expended by the City in taking such actions. 6. 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 ALgreement,Licensee agrees to pay to City at the time this:agreement is requested an application lee in the sum of Five Hundred Dollars (S500.00). 7. F.asesnent Encroachment A. reenient- Residential Page 3 cif 14 Revised 1212018 The term of this Agreement shall be for thirty (30) years, commencing on the date this Agreement is executed by the Cite. However, this Agreement may be terminated upon Licensee's noncompliance with any of*tile terms ol'this Agreement. City shall notify Licensee in writing of any noncompliance and il' 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 he 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 specifying the same. or having so commenced, thercafte:r fails to proceed diligently and with continuity to remedy same. It is further understood and agreed upon between the parties hereto that the Fasement to be used and encroached upon is held by City as trustee for the public; that City exercises such povvers over the; Easement as have heen 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 Fasement 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 de termine 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, vvitether 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 INDEYINIFY, AND DOES HEREBY INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS OFFICFRS, AGENTS, SERVANTS, ENIPI.OYT;ES, AND ELECTED OFFICIALS FRONT AND AGAINST ANY AND ALI, CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF «'HATSOEVER KIND OR CHARACTER,WHETHER REAL OR ASSERTED,ARISING Easement Encroachment Agreement - RA`sidcmiai Pane 4 of{4 RCvtied 1 1/2018 OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, ITSF, EXISTENCE, OR LOCATION OF SAID ENCROACHMENTS ACID USES GRANTED HEREUNDER, WHETHER OR NOT CAUSED, IN WHOLE OR 1N 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 SIIALL I.IKENVISE ASSUME ALL LTABILTTY AND RESPONSIBILITY AND SHALL INDEMNIFY CITY FOR AINY AND ALL INJURY OR DAMAGE TO CITY PROPERTY ARISING OUT OF OR IN CONNECTION NVITH THE ENCROACHMENTS AND ANY AND ALL ACTS OR OMISSIONS OF LICENSEE., ITS OFFICERS, AGENTS, SERVANTS, E:4IPLOYEE.S, CONTRACTORS, SUBCONTRACTOILS, LICENSEES, OR INVITEES. 10. \Vhile 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 polity covering all public risks related t« the proposed use and occupancy ol'public property as located and described in Exhibit A. The amounts of such insurance shall be not less than the 1`61lowing: S300,000 with the understandiiag and :agreement by Licensee that such insurance amounts may be revised upward at City's option and that Licensee shall so revise such amount,; immediately following notice to Licensee of such requirement. Sueh insurance polic} shall not be canceled or amended without at least thirty (at)) days prior written notice to the Building Official of the City. A cop} ol'such Certificate of Insurance is attached as"Exhibit B°'and incorporated herein for all purposes. Licensee agrees to submit a similar Certificate of*Insurance annual]% to tlac City on the anniversary date of the execution of this ,agreement. Licensee agrees, binds. and obligates itsclf'and 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. All insurance coverage required herein shall include coverage cif' all of Licensee's contractors and subcontractors. Easement Encroachment AW! ecniejjt - Residential Page 5 of 14 Revised 1212018 IL Licensee agrees to deposit with the City, when this Agrecntcttt is executed a sufficient sum of money to be used to paN necessary fees to record this Agreement in the real property records of 'l arrwit County. Texas. After tieing recorded, the original shall be returned to the City Secretary of the City- of Fort Worth. 12. Licensee agrees to comply fully with all applicable federal, state, and local laws, statutes. ordinances.codes,and re-ulations to connection with the construction,operation,.and maintenance LI of the Encroachment and uses. 13. Licensee: agrees to pay promptly when clue all fees, taxes. or rentals provided for by this Agreement or by wiy federal. state, or local statute. lave. 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 ofits operations, and all persons perfonning same,and shall be solely responsible l'or 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 Licenser. its officers, agents, servants, employees, contractors, and subcontractors, and nothim, herein shell be construed as creating a partnership or joint enterprise: between City mid Licensee. Easement Encroachine t Agreen€ent- Residential Page b of 14 ltevi,ed 12/2018 15. Licensee agrees and acknowledges that this Agreement is solely for the purpose of permitting Licensee to construct. maintain, and locate the L ticroachnient over or within the described Easement and is not a conveyance of any right. title. or interest in or to the Fasement, 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 propertv.. 16. In any action brought by the City for the enforcement ol'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. Is. 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 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 conditioned or withheld. Foreclosure by a secured lender of Licensee or assignment to a secured lender by Licensee to the event of default or othenvise shall not require Cite approval provided that said Easement Encroachment Agreement- Residential Page 7 of 14 Revised 12/2018 lender notifies City in %vriting 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 am secured lender of Licensee shall be effective as to City unless and until written notice of such foreclosure or assignment is provided to Cit-. 19. An-s- cause of action for breach of this Agreement shall be brought its Tarrant County, Texas, This Agreement shall he governed by the laws of`thc State of Texas. 20. This Agreement shall be binding upon the parties hereto and their successors and assigns. 21. Ms 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 FOLI.OWING PAGE] Fasenient 1-ticroachnient Agreement- Residenfial Pa0e S of 14 Revised 12'201 fi City: Licensee: CITY OF FORT NVORTII Joshua West 01 By:DJ Harrell(Apr 29,2020) _ By: � L Director Mum: Joshua West _ T Planning K Dc%elupment Title. _1-�)rncowner Date: Apr 29,2020 Date:_April 2 2020 By: Mum: Title: ®�FORTS Date: ATTEST: fir i,, approved As To Form and Legulit}' wee Matt Murray(Apr28,202 City Secretary +MAT'T MURRPW PWPIC Sec-32110 Assistant City-Attorney Contract Compliancc Manager: By signing 1 acknowledgr that I am the person responsible for the monitoring and administration of this contract. iinotuding ensuring all peribrmanee Wandorting requirements. Janie S. Nlorales Development Manager Easement Encroachment Agreemem - Residential c *VdR2AMORD I CITY SECRETARY FT. WORTH,TX s,rATE OF TEXAS § COUNTY OF TARRAN*F § BErORF .MV. the undersigned authority.a Notary public in and for the State of Texas.on this day personally appearedDJ ELL kno%%n to me to be the person whosc name is subscribed to the tbregoing instrument.and acluiowled{Ted to me that he executed the same for the purposes and consideration therein expressed. as the act wid deed of the City of Fort Worth. and in the capacity therein stated. 29 April GIVEN UNDER ,,IMY HAND AND SEAL 01 01'1-1('F this_ dad o1'_ ,Q 20 py�1 J < � LAU RI E Digitally signed by LAURIE PEQUENO LEWIS PEQUENO LEWIS Date:2020.04.2919:10:50-06013' W WZQ� N� Notary Public in and for the State of Texas r�a Alter recording return to: Planning K Development Development Coordination Office 200 1'exus Street Fort Worth, "Texas 76102 Easement Encroiwilinew ,agreement- Residential f�FFiCI R�(iR� C 9660 T FT 1NORTH,TX V1 t I I ()I I I io l . tl tili It'a!'1}' �i:ieC ti' C\,. :J the 1:1 iC 111c ,tt . A, i .1+l:ilil+a \i r\1, .11;r iil U1. iE - �. t_ -j)i ,. . . 1'..;`-,t' :A\;) �j- 1i ill t1 �i�1+. (•. °., r�:�i"11l`'N ,,I - :a!_if '4C13'. -_u Slate of Texas ras 03.37.2023 I; '3`;1,3C3C OFFICIAL RECORD CITY SECRETARY FT. WORTH,TX EXHIBIT A Map of Easement and Encroachment Lis A - � ! a ©© .- . _ _ - - Eakmem Encroachment*7e !e n m!-Residential M3- 12 of 14 R«� vied |32018 EXIHBIT B Certificate of Insurance U. `9 GEAR MR,WEST Apid 14,2020 4904 VEG.A Cr WEST FORT WORTH,r.(76133.1332 R€-1erer[e+Cerl diC,3te >`DjsdvAr±.'.e gear Mr_'chest CERTIFICATE OF INSUFLANCE Loan V! Insured's Name: "cslua west Property; 4904 Vega(A Wei, I X,For,Worth,76133 Legal Description: 41304 Vega tit West This,wi.]affirm wd eerbly that a hazard Insurance p_licy has iaeen i55ued by the corn"ny indicated wid l5 In force on the property descrited above with ail ad litiona insured as-0t:,wn oelow! City o'tf:-t SVIUrdit Pla^nirg&t3evelcprrent 2=-0 Tex-is street *ortWort+l TX 761G2 T2115 0?rtitfi2te of rn5urance neitltcr afr;r-wativety nor negat,vely xne niiS,extends.or ahem Lhe roversge provided by tFe refer e.:red insurance pokey,not doe'.:.It confer any new or additional conrractual rights to the certikat-holder other than thi 5 e conveyed by the policy, is we deede to cincel cr net to renew this policy,Une mortgagee WM be Properly notifaed at least IG days before the r.anc.ellatii:in er nonrenewai wkei,.effect. Sir;r,Lre!y, ':R,Ac.r W Wii Sri n Iltsi;ra+tce united Sernces AutorrlvVt Ay-,oc,atian y�e skit Easement Encroachment Agreement- Residential Page 13 of 14 Revised 12/2018 EXHIBIT C Metes and Bounds Legal Description of the Property° SOUTH H1I.I.S All1)ITION Block 13 Lot 32 Eascment Encroachment A—reement- Residemiat Page 14 of 14 Revised 122018 Page 1 of 3 D219225713 101212019 2:16 PM PGS 3 Fee: $27.00 Submitter: ERECORDING PARTNERS NETWORK Electronically Recorded by Tarrant County Clerk in Official Public Records , Mary Louise Nicholson Z\ NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU TURAL PERSON,YOU MAY REMOVE OR STRIKE ANY OR ALL OF WING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS I T IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN T CORDS: YOUR SOCIAL SECURITY N�0UnM''�3yER OR YOUR DRIVER'S CEN NUMBER. GF# I D1 t0'M9l 1 S /R'1T meb WARRANTY DtE VENDOR'S LIEN eer BISCHOFF aPHEN A.BISCHOFF (hereinafter called "Grantor, more, masculine, feminine or neuter) for and in consideration of the sum /100 DOLLARS and other good and valuable consideration, the receipt d a uacy of which are hereby acknowledged, and the further consideration of the executi elivery by JOSHUA J.WEST (hereinafter called" ,"whether one or more,masculine,feminine or neuter)of one certain note of even ewk the principal sum of ONE HUNDRED FIFTY TWO THOUSAND and NO/100 DO ($152,000.00),payable to the order of USAA FEDERAL SAVINGS BANK(hereinafter called"Payee,"whether one or more,masculine,feminine or neuter)as therein provided,it having advanced said sum at the special instance and request of Grantee as part of the purchase price for the property conveyed hereby,and it shall be and the same hereby is subrogated to all of the rights,titles,liens and equities of said Grantor securing the payment of said note as fullyas if it were Grantor herein,and in addition to the first and superior vendor's lien retained herein,said note is additionally secured by a first and superior deed of trust of even date herewith to Tani-0 qhQt(W VHI� ,Trustee(s),upon the property conveyed hereby,and by these presents does Grant,Sell and Convey,unto the said Grantee,all that certain property described as follows: Being Lot 32,Block 13,SOUTH HILLS ADDITION,an Addition to the City of Fort Worth,Tarrant County,Texas,according to the map thereof recorded in Volume 388-R,Page 25,Map Records,Tarrant County,Texas, 'Page 1 Page 2 of 3 1 :z\M together with all improvements thereon,if any,and all rights, e ,tenements,hereditaments, rights of way,easements,appendages and appurtenances ' pertaining thereto,and all right,title and interest of Grantor in and to any streets,wa alle strips or gores of land adjoining the above-described property or any part thereof(h ' aTasements, "Property"). This deed is executed and delivered su t to reservations, conditions, covenants and restrictive covenants as the same ap rd,to the extent such are valid and subsisting,in the office of the County ClerihLf the county in which the Property is located,and property taxes for the current year and subseq ears,the payment of which Grantee assumes. TO HAVE AND TO HOLD the abo ed Property,together with all and singular the rights and appurtenances thereto in#A nging, unto the said Grantee, his, her or its successors,heirs and assigns,as the case orever;and Grantor does hereby bind Grantor and Grantor's successors,heirs,executors a strators,as the case may be,to Wan-ant and Forever Defend all and singular the PrWrty o .said Grantee and Grantee's successors, heirs and assigns,as the case may be,a erson whomsoever lawfully claiming,or to claim the same,or any part thereof. But it is expressly stipulated that the aforesaid Vendor's Lien is retained and reserved and such Vendor' to ereby assigned to Payee without recourse,in consideration of the loan and such Vendor's . n t xist against the Property until the above-described note and all interest thereon is fully c ing to its face and tenor,effect and reading,when this deed shall become absolute. EXEC DAB''OF KAYOKO. VS HOFF STEPHEN A B HOFF Page 2 Page 3 of 3 ACKNOWLEDG THE STATE OF COUNTY OF Before me, the undersigned authority, ay peiso ally appeared KAYOKO BIS HOFF and STEPHEN A BISCH ❑ ]mown to me or proved to me through _ .. (descriptiony�nh'ty card) to be the person whose name is subscribed to the foregoing instnunent,and ged tome that said person executed the same for the purposes and consideration therein AV WE. Given under my hand and se 20 'lice this day of �. � K -, . A INo as R Comm. ov, 020 No Pu rc,State of....................... . Grantee's address: JOSHUA J.WEST 4904 Vega Ct W Fort Worth,Texas 7 Page 3