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HomeMy WebLinkAboutContract 39650CtT Y SECRETARY LoNTRAOT NOO 05 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 Mario ZOC106UCT ), hereinafter referred to as "Licensee", owner of the property located at (street address 1191 Y. iNas GA„aWN Oft l c ) ("Property"). RECITALS WHEREAS, Licensee is the owner of certain real property described as (legal description of property C rerk PdAA%lao $IacK 9 ja4 ZS an addition to the City of Fort Worth, Tarrant County, Texas as recorded in 3711y4rwW)tNk *k , W94231 6AI of the Deed records of Tarrant County ("Property"); and WHEREAS, the City has a (width of easement 15 � ) (type of easement Scwrr ) (the "Easement") in the property as shown on the map attached to this Agreement as Exhibit "A" and incorporated herein; and WHEREAS, Licensee desires to construct/place a 413+ora,e Sll encroach hod the "Encroachment") which wi 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: AGREEMENT 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 = --- CITY SECRETARY FT. WORTH, TX x on the Citys 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. 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 ($ Z?�jpo) 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 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. 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. G� 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 , 20� . City Licensee City of Fort Worth By: Asst. City Manager ATTEST: Title: Approved As T Form and OFFICIAL RECORD CITY SECRETARY T. s WORTH, TX Assistant City Attorney STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned aut�hority, a Notary Public in and for the State of Texas, on this day personally appeared 1 nV 6 ?0)6 QONC)� �OC �� U 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 ' 4day of , 20 0 71 . in and for the State of Texas ANGELA ESTRA®A Notary Public, State of Texas My Commission Expires August 21, 2011 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&/d'L "</ , 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 ��/✓d day of er- ,20O. _ DVONIADANIELS MY COMMISSION EXPIRES 1 My 10, 2013 otary Public in and for the State of Texas City Creek Rain Water Drain Kings Canyon Cir. so' City Creek G fail SPECIAL Wj&.RRA*TV DEEt, St xas'IF I Vendors Llen F..' T'hA Care #492 _f'7'7 i 35TIFF Tho ne Th Inc GF r4 32.6 State of. as TARRANTmmmm,� IF I Old FYA F?992 280278 17.91 KINGS CANYON :CIRCLE IF Ftow 1 )idle ?resents': FORT-WORTY, T xas 76134 IF That H Cisri os Secretddzy of ivusinq amid Urban DotrelOpmert, of Washington, 1}. . {h a ter Called `Grantor to and in COns dera ion of tiie T Amu 'F s:um of SEVENTY F UE t FZUlvREL'TFI N}/ld S?> 58C� U.-91 to him paid did secured to be p 'a d. 0 TL RIGUEZ AtvTfl IM8L 7A RODRIGUEZ, EJSBiAND ANb WIPE � IF I 'IF . (hereinafter cal ed rant e� ). , as. follows. IF i. The sumo k AND " 1Gt7,C9 t35C��i.,00 cas >, t..h �eCeTpt .o`. whry CX) is ne3-eby a:knowledg d th .fu .rreY stn .of 2. SEVE IaY-�' dV'� ..Us* Tr e 7 NClg D.4-00 00 said :ctiT{ umn-it €vid nE@d by ttze execution and delis z b the Gr to t:s � , ie eln of :One Note dated-OCTOSER :199�4, :in the -pry s o $7 F 7 . ti payable -o tie Order of ATAERTQ INTERNATIONAL FINANCIALS ZiI" C, F3A PMERICO MORTGAGE co. (inci`tgagee9 , it III having advanced that amount w d tt purchase price of.the'herein convepe!d land, ;with the express-unders"tan g agreern that the Vendsr's. Lien would be r: dined herein to secure suc and that up. ricr .ti lei would vest in. it. uric I f Ii payment thereof, becomin due in mo :hF ii.sta lrnents and bearina iiyteres Iy a.� in sold %TfJte-spe:clfied;- aTld.? OtE' ?rII '�di�ps Fr.r. 'nor f'iii a3t ditiC�na3 :!t£'i"E?SL din. FFT IF a l Past due indebtedness, for acted rat- o tzArmir mity, and or 3 att.otri foes in the event ;o forced cOI ec .Lin . ,ere 1 as will appear .mar fil ly zn Deed IF of Trust of even date therewi 'i .t K kYiST.3 tCK Trustee;: and bj a fYrutIF aw and superior Lien covering the here ,after do ofibed property* bias Grazited, :s; ld a d. Cor�veyetl, d dresents does' dri Lv?.t, Smell .any Convey onto .the sa d ranteeisi.of FOR R Cot. � of TAPR3'ai�T-, state of :Texas; all eha ctai lad a parcel of land: sit .t.f e tbunty of TARA1�Ts titateIIIFFI Texas, described as follows, to wit TOOT 1$,. $IOCK. , iTILLf?V7', CREEK Ai3DITT,TI-1'tN, .- p.ASE -"` a t '. #F FIFFIFF" `�XIY. (F FAR ITCrd1 £a TARRANT .COUNTY, PF:kAS, ACCORDING TO PLAT'REC D .. v %r� 4� - 3.itR � 7:9 , FAGE 56m, DEri3' m I'm'RECORDS OF TARRA?�T '.O'r T1', TEAAS.. Grantee's addfe��: I IF 1791 KINGS CANYON CIRCLE: F FORT GQ'ORTH4 'Texas 7613 Being the same property acguiree3 :by t`i'e CFTlII r II onto }� ariC.: o the p oui-signs of.the:National Housing Act, as mended '1.2.0 S,.C, a 7 =li a AT Department ofIF HousinI IF and urban Deitelopirtent Act (42 L .S:c. 8 �53"FIT1 :. m{j xave. and .to tTald the abo ve rids r, bec; t'o It e� & ? 1 . it sl r the I Form IF righis and appurtenances thereunto 3n any way bel'Lngi a, me Gr` ee(:sl and to t?ie heirs and Iiass gns.o£ Sand,Gxurteets9. fo ever. t_ afi Affected IF IF by,j rhowever, all easelnents covenants,.:zestr motions r?ser`,I3' Ime hs SlicSti]yS;�S�f1 rights appearng.o:f _record; and Suiajecr to :any ac,nr_e uz fc- an ceuadce survey would show --- _ r ie I h4 t e 3. �....—____.. .. _ ... _.__._—__ __ _ _ _ _ — '+ j/ _ ...*ciC[P...:i {if ?. ?�.,Y ;#-� lf�.;�: C,+ Scti't c .., .. i .. . zl_tF_il 1,E779 E 8 Tarrant Appraisal District Real Estate 12/16/2009 Account Number: 05606616 Georeference: 47149-9-28 Property Location: 1791 Kings Canyon Cir, Fort Worth Owner Information: Rodriguez, Mario R Etux Imelda 7 Prior Owners Legal Description: Taxing Jurisdictions: 1791 Kings Canyon Cir Fort Worth Tx 761344875 Willow Creek Addn (Ft Worth) Bllc 9 Lot 28 026 City of Fort Worth 099 Regional Water District 220 Tarrant County 224 Tarrant County Hospital Dist 225 Tarrant County College Dist 912 Crowley ISD This information is intended for reference only and is subject to change. It may not accurately reflect the complete status of the account as actually carried in TAD's database. Certified Values for Tax Year 2009 Land Im r 2009 Total** Market Value $12,500 $83,500 $963000 lkppralsed Value * $12,500 $83,500 $96,000 Approximate Size 1,670 Land Acres 060000 .and S Ft 0 Appraised value may be less than market value due to state -mandated limitations on value increases A zero value indicates that the property record has not yet been completed for the indicated tax year *Rounded 5-Year Value History Tax Yea XMPT Appraised Land Appraised Impr Appraised Total Market Land Market Impr Market Total 2008 O10 $12,500 $86,200 $98,700uu'u $12,500 $86,200 $98,700 2007 010 $127505 $86,200 $98,700 $12,500 $86,200 $98,700 2006 010 $12,500 $86,200 $98,700 $12,500 $86>200 $98,700 2005 010 $12,500 $862205 $98,700 $12,500 $86,200 $98,700 Exemptions: General Homestead Property Data Deed Date: 10/27/1994 Deed Vol: 011779 Deed Page: 1598 Year Built: 1986 Pct Complete: 100 TAD Map: 2042 348 MAPSCO: 104L Agent: None Protest Deadline: 06/01/2009 Class: 007 State Code: Al Single Family Garage Bays: 02 Central Air: Y Central Heat: Y Pool: N