HomeMy WebLinkAboutContract 39573NTIJ C� RY S
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, and (property owner's name & MINA -51r,• C w s ), hereinafter
referred to as "Licensee", owner of the property located at (street
address 7 o mi - %7 11 Ma 14* Aw vc. ) ("Property").
RECITALS
WHEREAS, Licensee is the owner of certain real property described as (legal
description of property) SoA4►SicL AddA►oa Blie Lo}s I , 7,8,01 ),
an addition to the City of Fort Worth, Tarrant County, Texas as recorded in Volume
2044 Page 101 of the Deed records of Tarrant County
("Property"); and
WHEREAS, the City has a
(type of easement Sew« E4serrwe
the property as shown on the map
incorporated herein; and
(width of easement I5' )
-� ) (the "Easement") in
at to this Agreement as Exhibit "A" and
WHEREAS, Licensee desires to construct/place a
FCNCG ( 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 conons as set forth in this Agreement.
NOW, THEREFORE, the City and Licensee agree as follows:
AGREEMENT
im
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
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CITY SECRETARY
�% WORTH, TX
on the City's Easement beyond what is specifically described in the exhibits) 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.
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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
Dollars ($ 2 7•- � to pay necessary fees to record this Agreement in its entirety in
the deed records of Tarrant County.
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
)FFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS,
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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.
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
respondeat 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.
9.
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 attorneys fees.
10.
The parties agree that the duties and obligation contained paragraphs 3 and 4 shall survive
the termination of this Agreement.
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 day of
City
City of Fort Worth
Fernando Costa,
ASst. City Manager
Licensee
Name: V(A'A, t�c
Title: dv,rNer'
ATTEST: Approved As To Form and Le ality
s
OFFICIAL RECORD
CITY SECRETARY
T. WORTH, TIC
ATTEST:
City Secretary
STATE OF TEXAS
CK1� ►Y11'Z�7mTi��:77��YY
Approved As To Form and Legality
U11 CL �M()
Assistant City Attorney
NO M&C REQUIRED
BEFORE ME, the undersigned authority, a No//ta��ry��Public in and for the State of
Texas, on this day personally appeared -rer- } 1.Q1�f-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 �,C� day of
EVONIR DANIEL3
MY COMMISSION EXPIRES
July 10, 2013
tJ
OFFICIAL RECORD
CITY SECRETARY
FI 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 _ 3 i( CNN O, ZO, , 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 Grantee, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this
of �� ��@1 Y�b�t
A.NGELA t;SiRADA
Notary Public, State of Texas
My Commission Expires
August 21, 2011
day
Notary Public in and for the State of Texas
7
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http://172.16.6.147/Website/Addres s Verify/MapFrame.htm
11/04/2009
-W A R N I N G-THIS T F THE OFFICIAL RECORD---D O N O T D E S T R O Y
INDEXE A RANT COUNTY TEXAS
S U Z A N E D E R S O N- COUNTY CLERK
I L R E C E I P T
T O: f�K RA IKIN LLF
RECEIPT NO ST RECD-BY PRINTED DATE TIME
200083908 D JP,r 12/22/1999 14:41
INSTRUMENT FEECD
D199313866 WD�
T O T A L DOCUMENTS: 01
INBE�c� `DIME
19991222 14:41
ANY PROVISION WHICH RESTRICTS THE SALE REN
OF THE DESCRIBED REAL PROPERTY BECAUSE OF
IS INVALID AND UNENFORCEABLE UNDER FEDERAL
CK 2355*
VENDOR`S WHIML 2? F` Z: 3b
e Florence M. Simon Living Trust
ez dba Juanito's Taqueria
rur� vvuru�, lcxa� iuiL�
Tarrant County
Consideration: TEN AND I�TOl100 OLL44F
and the further consideration of a note of even ate
and is executed by Grantee, payable to the order of
note is secured by a vendor's lien retained in favor o
even date, from Grantee to John Stumpf, Trustee.
Lender at Grantee's request, having paid in cas
priCC 0f the property that is cvidenced by the note descr.
the property are retained for the benefit of Lender and arc
Grantor.
Property {including any improvements):
All
of Lot 1, the North 41.5 feet of Lot 2, a
ADDITION to the City of Fort Worth, Tarrant G
Volume 204-A, Page 109, Deed Record of Tarrar
other good and valuable consideration
principal amount of $148,000.00,
sTexas, N. A. ("Lender"). The
-ndn his deed and by a deed of trust of
From and Exceptions to Conveyance and Warranty:
is conveyance is expressly made and accepted subject to and all restrictions, covenants,
S. easements, zoning laws, regulations, ordinances of municipal and other governmental
d reservations, including, but not limited to minerals previously reserved or
ey , ' an , relating to the property conveyed, but only to the extent that they are still in effect
ow of r C>Qr.&�
resery
the property, getl
belonging, h `t
assigns forever. t
successors to w
heirs, executors, adr
claiming or to claim
to conveyance and v
The vendor's Iien
described is fully paid acc
�rhen the context
STATE OF TEXAS
C�7i ► � a :�:7�►1111
deration, receipt of which is acknowledged, and subject to the
as to conveyance and warranty, grants, sells and conveys to Grantee
and singular the rights and Appurtenances thereto in any wise
to Grantee, Grantee's heirs, executors, administrators, successors or
ids Grantor and Grantor's heirs, executors, administrators and
v r defend all and singular the property to Grantee and Grantee's
s ccess and assigns against every person whomsoever }awfully
except as to the reservations from and exceptions
p for title to the property are retained until each note
t x�t , at Wi i b time this deed shall become absolute.
ACI�NO
'his instrument was acknowledged
Meltzer Simon, Trustee of the Florence M. Sia
RU7ti A. RAMOS
Pdot�'Sr pu�tic
* *
STATE OF TEXAS
� r t~r�a. 0, ?10 Wot
TER RECORDING RETURN TO:
Ms. Bertha Jimenez
c/o Juanito's Taqueria
4150 Hemphill
Fort Worth, Texas 76115
and pronouns include the plural.
'Flo ce cItz Simon, Trustee of the Florence M.
,Si ivin rust dated April 24, 1 M.5