HomeMy WebLinkAboutContract 43372CITY SECRETARY
CONTRACT N0.
EASEMENT ENCROACHMENT LICENSE AGREEMENT
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, or designee and Texas Christian University, acting herein by and through its
duly authorized Vice Chancellor for Finance, Brian G. Gutierrez, hereinafter referred to
as "Licensee ", owner of the property located at 2850 Stadium Drive, Fort Worth, Texas.
RECITALS
WHEREAS, Licensee is the owner of certain real property described as Lot 1R,
Block 1 TCU Addition, an addition to the City of Fort Worth, Tarrant County, Texas as
recorded in D198206440, of the Deed records of Tarrant County ( "Property "); and
WHEREAS, the City has a 30 foot Storm Drain Easement recorded in Volume
9386, Page 1918, Deed Records of Tarrant County (the "Easement ") in the property as
shown on the map attached to this Agreement as Exhibits "A -1, A -2 and A -3" and
incorporated herein; and
WHEREAS, Licensee desires to construct /place site stairs and retaining walls
( the "Encroachment ") 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 approve
allowing the Encroachment under the terms and conditions as set forth in this Agreement.
NOW, THEREFORE, the City and Licensee agree as follows:
OFFICIAL RECORD
AGREEMENT CITY SECRETARY
FT. WORTH, TX
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.
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,
Ordinance and Codes of the City and in accordance with the directions of 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
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 of Encroachment installed by Licensee, but
City will make reasonable efforts to minimize such damage. Should it become necessary
to remove the Encroachment to install, repair, replace or maintain improvements to City
public facilities or utilities in the Easement, the Licensee shall remove the Encroachment at
the Licensee's expense. The City shall furnish the Licensee with notice if removal of the
Encroachment is deemed necessary by the Water Department. Licensee agrees that upon
request of City, and within 30 days from the date of such request, to relocate the
Encroachment away from the Easement and to restore the Easement to its original
condition all at the sole cost and expense of Licensee.
2
4.
The Licensee further agrees that City shall have the absolute right at its discretion to
terminate this license or refuse to allow the Licensee to continue to have the
Encroachment over, under or across the Easement if the City determines that the
Easement is being substantially damaged by the Encroachment, or that the Encroachment
otherwise places an undue burden on the operation of the municipal utility(ies) system or
in the event the Licensee fails to comply with the provisions of this Agreement. City shall
furnish Licensee with notice requiring the removal in a time period as is reasonable under
the circumstances. After receipt of such notice, the Licensee shall thereafter immediately
remove the Encroachment and restore the Easement to the same condition as existed prior
to the installation of the Encroachment. In the event the Licensee fails to promptly
remove the Encroachment and restore the Easement within the time required by the
notice, the City may remove the Encroachment and restore the Easement and assess a lien
on the Property for the costs expended by the City to remove the Encroachment.
5.
Licensee agrees to pay to City at the time this Agreement is executed a fee in the sum of
Two Hundred Seventy -Five Dollars ($275.00) to pay necessary fees to record this
Agreement in its entirety in the deed records of Tarrant County.
C4
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 HIND 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
3
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.
7.
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.
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 in not a conveyance of any right, title or interest in or to the
Easement.
a
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.
10.
The parties agree that the duties and obligation contained paragraphs 3 and 4 shall survive
the termination of this Agreement.
4
11.
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.
12.
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.
13.
This agreement shall be binding upon the parties hereto, their successors and
assigns.
EXECUTED this —3— day of , 20��
City
Citv of Fort Worth
I5a
RANDLE HARWOOD
DIRECTOR
PLANNING & DEVELO
Licensee
By. /
Brian G. Gutid.
Vice Chancellc
Administration
Finance and
As To Form and Legality
Assistant City Attorney
OFFICIAL RECORD
5 CITY SECRETARY
FT. WORTH, TX
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 _ ________ _ a 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 1�1 day of
a��icj , 20 1 .
IRMA SAENZ
s a Notary Public
STATE OF TEXAS
My Comm. Exp. Jan. 28, 2016
Notary Public in and for the State o Texas
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 Brian G. Gutierrez, 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. 46
KA%
h
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 4� day of
N� ,20 1Z
DEBRA LEE KEESE
NOTARY PUBLIC Notary Public in and for the State of Texas
STATE OF TEXAS
�j''� a +' My Comm. Exp. 01 -06 -2013
LOT 6
llu�_LOT 8
LOT 9
L
t9;
OT
LOT 10
LOT 11
LOT 12
LOT 12'
LOT 14
LOT 1'
LOT 16
LOT 8 LOT 1
OT 8 7
LOT
LOT 1
LOT 6
, _U=
jAnzm EST 11
LOT 5
BLOCK 3
LOT
LOT 4
LOT 3
LOT 2
LOT 1
LOT
W
SCALE1 "=300'
W CANTEY STREET
71,17r,M, 7777777717=111
0 H
L
W CANTEY STREET
4m, +l'" Itd, f N
u
LOT 1 R BLOCK 1
A
F TCU ADDITION
DRAIN Al
J= ENCROACHMENT
PROPOSED STORM
DRAIN A2
• ENCROACHMENT
PROPOSED STORM
DRAIN A3
ENCROACHMENT
TCU
• AMON CARTER
tw STADIUM
DANIEL-MEYER
WALSH COLISEUM
JUSTIN COMPLEX.
ATHLETIC
CEN
C3
BELLAIRE DRIVE NORTH
LOT 6
LOT 8
LO
LOT 9 F
MAP SHOWING
PROPOSED ENCROACHMENTS
OF AN EXISITING
STORM-DRAIN EASEMENT
LOT 1 R, BLOCK 1
TCU ADDITION
FORT WORTH TARRANT COUNTY TEXAS
FEBRAURY 2012
S 89'37'46" E
\�ND Y /CUT IN
CONCRETE FLUME
N = 6943896.48
E = 2316058.22
660.73' W CANTEY ST.
L O
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D RTC
0) \\ N
\?, \ DELTA = 2'51'18"
RAD = 243.91'
/ \ �
�L17 12.15' � ' W N LC = S48'35'09 "E 12.15' J N
\ N42'50'30 "E o Q N
8.91' \ \ \ \\ O O
N O N
,106 SF. \ LL:
STAIRS �! `SO- �-
1 ll �,
S42'50'30 "W 0 � .-
Qy �y 8.91 \
\
CONCRETE' /
HANDRAIL \ C')
DELTA = 2'51'18" \
\ 3 ,•�r1,�oo RAD = 235.00' /
L = 11.71' / CONCRE f
\ \ L/C = N48'35'09 "W 11.71' / HANDRAIL
INSERT NTS.
30' STORM—DRAIN EASEMENT
VOL 9386 PG 1918 DRTC.
The subject property has been tied to the Texas Coordinate
System, North Central Zone NAD83 using GPS RTK surveying
methods. Reference station coordinate is N= 6,925198.248,
N E= 2,342,769.774 The combined grid and scale factor is
0.999861054. Distances are horizontal ground measurements
0 100 200
1 7771
HORIZONTAL SCALE: 1" = 100'
.............
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1.�. unvIES ill EXHIBIT Al
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•. 9 4368 �� STORM DRAIN EASEMENT
. P 0`' ENCROACHMENT
��ti; �?
>_� TEXAS CHRISTIAN UNIVERSITY
.� LOT 1 R BLOCK 1
-Z� o� FORT WORTH TARRANT COUNTY,
TEXAS
FEBRUARY 08, 2012
EXHIBIT A -1
BOUNDARY DESCRIPTION FOR
8.91 FT WIDE ENCROACHMENT EASEMENT
ON EXISTING STORM DRAIN 30FT WIDE EASEMENT
OUT OF LOT 1R BLOCK 1 TCU ADDITION
FORT WORTH TARRANT COUNTY TEXAS
BEING a 8.91ft wide encroachment easement out of an existing 30ft wide storm
drain easement granted by instrument recorded in Volume 9386, Page 1918 of
the Deed Records of Tarrant County Texas (DRTC),and being out of Lot 1R,
Block 1 TCU Addition as shown by plat recorded in D 198206440 DRTC, said
tract being tied to the Texas Coordinates System, North Central Zone, NAD83,
bearings are grid, distances are horizontal ground measurements, said tract
being more particularly described as follows:
BEGINNING at point for the north corner of the said 8.91ft wide encroachment
easement, and being SO °22'14 "W, 427.91ft and S89 °3746 "E, 660.73ft from a
found `Y' cut in concrete; for the northwest corner of the said Lot 1R, Block 1,
TCU Addition, also the beginning of a curve, from which the radius bears
S39 059'12 "W 243.91ft
THENCE through a central angle of 2 051'18" for a distance of 12.15ft.;
THENCE S42 050'30 "W, 8.91ft, the westerly side of the existing 30ft wide storm
drain easement and the beginning of a curve from which the radius bears
S42 050'30 "W, 235.00ft;
THENCE with said curve through a central angle of 2 °51'18" for a distance of
11.71ft;
THENCE N42 050'30 "E, 16.25ft, to the place of beginning and containing 106
square feet of land.
J. B Davies, Inc
February 8, 2012
.Ii_ C)�<<'II S III
�f l
S89'371 46 "E W CANTEY ST.
959 =3 — —
FND Y /CUT IN
CONCRETE FLUME o
N = 6943896.48 I j
E = 2316058.22
G O �G
O \N N
N ao 3P332 SF.
tk POt N51'57'43 "E S38'02'1 7"E
O "C'G \� p rO 9.32' 39.09'
\• p
`'
364 SF.
c
N38'02'17 "W ?
CONCRETE sue, A-
HANDRAIL STAIRS `s0, 'Q
0 100 200
HORIZONTAL SCALE: 1" = 100'
I
INSERT NTS.
AN N 30' STORM–DRAIN EASEMENT
BOG, N N VOL 9386 PG 1918 DRTC.
O 00
'9 O The subject property has been tied to the Texas Coordinate
System, North Central Zone NAD83 using GPS RTK surveying
�- methods. Reference station coordinate is N= 6,925198.248,
E= 2,342,769.774 The combined grid and scale factor is
0.999861054. Distances are horizontal ground measurements
♦
.'' "" EXHIBIT A2
9� 13 R ♦,`` STAIRS ♦ ♦`♦ STORM DRAIN EASEMENT
'u.. ...... CONCRETE ENCROACHMENT
2, o� HANDRAIL TEXAS CHRISTIAN UNIVERSITY
. LOT 1 R BLOCK 1
N DAV1E5, DVCSURVZXW P.O. BOX 40482 FORT WORTH TARRANT COUNTY,
`
PORT > VRM ZIEW 78104 TEXAS
(817) M -8164
, ww jbdi Q oo FEBRUARY 08, 2012
EXHIBIT A -2
BOUNDARY DESCRIPTION FOR
9.32 FT WIDE ENCROACHMENT EASEMENT
ON EXISTING STORM DRAIN 30FT WIDE EASEMENT
OUT OF LOT 1R BLOCK 1 TCU ADDITION
FORT WORTH TARRANT COUNTY TEXAS
BEING a 9.32ft wide encroachment easement out of 30ft wide storm drain
easement granted by instrument recorded in Volume 9386, Page 1918 of the
Deed Records of Tarrant County, Texas (DRTC), and being out of Lot 1R, Block
1 TCU Addition as shown by plat recorded in D198206440 DRTC, said tract
being tied to the Texas Coordinate System, North Central Zone NAD83,
bearings are grid and distances are horizontal ground measurements, said
tract being more particularly described as follows:
BEGINNING at point for the north corner of the 9.32ft wide encroachment
easement, and being SO °22'14 "W, 825.1 lft and S89 °3746 "E, 959.53ft from a
found `Y' cut in concrete; for the northwest corner of the said Lot 1R, Block 1,
TCU Addition;
THENCE S38 002'17 "E, 39.09ft;
THENCE S51 °5743 "W, 9.32ft to a point in the west line of the said 30ft wide
storm drain easement;
THENCE N38 002'17 "W, 39.09ft;
THENCE N51 °5743 "E, 9.32ft. to the place of beginning and containing 364
square feet of land.
J. B Davies, Inc
February 8, 2012
... �. _ .. ..... .1....
o O
S89'37'46 "E-
978.85
FND Y /CUT IN
CONCRETE FLUME
N = 6943896.48
E = 2316058.22
<
V OIz-
OA, O
,`
A-1 J o
OG �
I� o Cb
O
W CANTEY ST.
0
o
N 01 ~
O 000 N
O
N
N51'57'43 "E �� S38'02'17 "E
9.63' `.� `��` 39.74'
STAIRS
N 38 02 17 W
39.74'
CONCRETE
HANDRAIL
INSERT NTS.
30' STORM—DRAIN EASEMENT
CONCRETE �� �� VOL 9386 PG 1918 DRTC.
HANDRAIL ` The subject property has been tied to the Texas Coordinate
System, North Central Zone NAD83 using GPS RTK surveying
methods. Reference station coordinate is N= 6,925198.248,
E= 2,342,769.774 The combined grid and scale factor Is
O`. 0.999861054. Distances are horizontal ground measurements
STAIRS
En
0 100 200
HORIZONTAL SCALE: 1" = 100'
..............
J. R DAMES, LIVC. mmmm
P.O. BOX 406M
I VRT NORM MW M04
(B19) 836 -3164
wwi . jbdbm o=
EXHIBIT A3
STORM DRAIN EASEMENT
,................. ,.....� ENCROACHMENT
TEXAS CHRISTIAN UNIVERSITY
(4 +r LOT 1 R BLOCK 1
FORT WORTH TARRANT COUNTY,
TEXAS
FEBRUARY 08, 2012
EXHIBIT A -3
BOUNDARY DESCRIPTION FOR
9.63 FT WIDE ENCROACHMENT EASEMENT
ON EXISTING STORM DRAIN 30FT WIDE EASEMENT
OUT OF LOT 1R BLOCK 1 TCU ADDITION
FORT WORTH TARRANT COUNTY TEXAS
BEING a 9.63ft wide encroachment easement out of 30ft wide storm drain
easement granted by instrument recorded in Volume 9386, Page 1918 of the
Deed Records of Tarrant County, Texas (DRTC), and being out of Lot 1R, Block
1 TCU Addition as shown by plat recorded in D 198206440 DRTC, said tract
being tied to the Texas Coordinate System, North Central Zone NAD83,
bearings are grid and distances are horizontal ground measurements, said
tract being more particularly described as follows:
BEGINNING at point for the north corner of the 9.63ft wide encroachment
easement, and being SO °22'14 "W, 819.46ft and S89 °3746 "E, 978.85ft from a
found `Y' cut in concrete; for the northwest corner of the said Lot 1R, Block 1,
TCU Addition;
THENCE S38 °02'17 "E, 39.74ft to a point;
THENCE S51 °5743 "W, 9.63ft to a point in the west line of the said 30ft wide
storm drain easement;
THENCE N38 °02'17 "W, 39.74ft with the west line of existing 30ft wide storm
drain easement;
THENCE N51 °5743 "E, to the place of beginning and containing 383 square
feet of land.
J. B Davies, Inc
February 8, 2012
... ......;..........t.`..........
7