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HomeMy WebLinkAboutContract 39648 (2)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 (Jason Benzmiller), hereinafter referred to as "Licensee", owner of the property located at (4017 Juniper Ct, Euless, Texas 76040 Stone Wood Addition Blk E Lot 10) ("Property"). RECITALS WHEREAS, Licensee is the owner of certain real property described as (legal description of property), an addition to the City of Fort Worth, Tarrant County, Texas as recorded in Volume 015095, Page 0520, of the Deed records of Tarrant County ("Property" ); and WHEREAS, the City has a (30ft width of easement) (Drainage type of) easement (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 aft tall Stone Retaining Wall ( 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: 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 on the City's Easement beyond what is specifically described in the exhibit(s) attached hereto. • OFFICIAL RECORD CITY SECRETARY F`FWORTH, TX 2. All construction, maintenance and operation in comlection with such Encroachment, use and occupancy shall comply and be performed in strict compliance with the Charter, Drdinance and Codes of the City and in accordance with the directions of the Director of the Transportation and Public Works 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 Encroaclunent 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 Transportation and Public Works 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 Encroaclnnent. 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 Encroaclunent. 5. Licensee agrees to pay to City at the time this Agreement is executed a fee in the sum of Two hundred and seventy five Dollars ($275.00) to pay necessary fees to record this Agreement in its entirety in the deed records of Tarrant County. 6. 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 3 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. 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. lii 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 tei�nination 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 _7_ day of City City of Fort Worth Asst. City Manager �O x October .2009. Licensee Name: Title: ATTEST: P� �°aoo G/ �000 .�t�d Approved As To Forin and Legality a C►�� Sec�e� � s 3FFiE:lAL RECf�RD CITY SECR@TARY F�: WORTH, TX City Secretary STATE OF TEXAS COUNTY OF TARRANT Assistant City Attorney BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared&,d/&AQj6M , 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. ll GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of er 200� EVQNIA QRNIEIS MY CGMMISSION EXPIRES July 10, 2013 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 N%-)A50r4 OtN LN 1 L4 , 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 T� day MELISSA K. DIETZ Notary Public, State of Texas My Commission Expires April 07, 2010 Notary 7 z r - v o 01� Ill OR o e:, mowl- W OW - - CIL s wea: ME ILL 41 In a. w..te..- ' �' .o.... Jr cl- ` .N..C..5„ p Arm ( i MID WILL i o P wL low 401 Uul- 4- - _N � " i -- — o: 3 4; zgr m �Oc o -0-0 Awozin - on ml If now g _ ULLa 500 --- *f - °-�s__ . o..I, �" f- n Q E— Nu I! j(!"; - u Q o ,�, l--�ti.zm "t Is- m xm_ ; -wig _ s -WNW =LLZomw �+ t1- � _3 -� � v � �a�� f " 1 _ _ � ! �., .. _. _.. '� 492-6107030-703 2220685 i DEED (Vendor's I{t\'OW ALL MEN BY T1SE PRESEN I'S: QF TARRANT That CENTEX INTERNATIONAL, INC., a Nevada corporation that is the successor by merger to 27L8 �r CORPORATION, which was the successor by name change and corporate reorganization to Centex Real ration, acting herein by and through its duly authorized officers, hereinafter called GRANTOR, of the of ALLAS , State of Texas, for and in consideration of the sum of TEN AND ($1 .00) DOLLARS cash, and other good and valuable consideration paid to GRANTOR, receipt of which lly acknowledged, by E And sum hereinafter called GRANTEE; Grantee herein of Grantee's one certain note of even date herewith in the principal NINE THOUSAND SIX HUNDRED TWENTY TWO & 00/100 payable as eretn vi d to the or er of CTX MORTGAGE COMPANY hereinafter c Pap ,said y ing advanced said sum at the special instance and request of Grantee herein as part of the purcha mon r erty hereby conveyed, and Payee shall be and is hereby subrogated to all of the rights and ti s of td to t secure the payment of said note as fully as if Payee were Grantor herein, and in addition to the is en h in retained, said note is further secured by Deed of Trust of even date herewith :o JOHN L. MATT Eliot OR OTHY M, BARTOSH , Trustee, has Granted, Sold and nv d by ese presents does Grant, Sell and Convey, unto the said GRANTE,, of the County of TAR State of Texas, all that certain tract or parcel of land, lyTq and being situated in the County of T State of Texas, described as follows: c) = y LOT 100 BLOCK E, TONE D DI ION, AN ADDITION TO THE CITY OF"Tok)fi: = WORTH, TARRANT CO Y, EXAS A ING TO THE MAP OR PLAT THEREOF.::RECORbEDr;�1 IN CABINET A, SLIDE O TH LAT RECORDS OF TARRANT COUNTYt TEXAS. N <?r r` knee i W � Ito,N N THE MAILING ADDRESS OF TH RANTE H EIN S: MONICA L. BENZMILLER, 4017 I R 0 FORT WORTH TX 76040 This Deed is executed and delive ject easements, reservations, conditions, co nants and restrictive covenants affecting the property conveyed reby the same app f record in the Office o the County Clerk of TARRANT County, TO HAVE AND TO HOLD the above desert d appurtenances thereto in anywise belonging, unto t said Grantor does hereby bind itself, its successors and sign t premises unto the said GRANTEE, Grantees' heirs asst or to claim the same, or any part thereof. But it is expressly agreed and stipulated that the property, premises and improvements, until the above descril to its face and tenor, effect and reading, when this Deed shall Grantee herein assumes the payment of all taxes for the year 2 b0.1 Dated this 14 th day of AUGUST 2001 CENT£X It a Nevada co HOLDING change and i Corporation ie3T� dether with all and singular the rights and o Grantee's heirs and assiens forever_ and }efd Forever Defend, aII and singular the said every person whomsoever lawfully claiming, retained against the above described crest thereon are fully paid according by merger to 2728 the successor by name ntex Real Estate THE STATE OF TEXAS '" Name: ris�Ntt)iins, D C o COUNTY O Title: BEFORE ME, the undersigned, a Notary Public in and for said State, on this day pe n a care known to me to be the perso ice hose name is subscribed to the foregoing instrument and acknowledged to me. the same was the t of C TEX INTERNATIONAL, INC., a Nevada corporation that is the successor by merge 28 L NG CORPORATION, which was the successor by name change and corporate reorganization to en t e I tate Corporation, and that he executed the same as the act of such corporation for th purposes and c ns e ti n t re' expressed and in the capacity therein stated. AAAAAAAAAAAAA GIVEN i3AN ,. Y HANP�A`Y�DAS41 At61OFFICE, this � ay f A. Q srcr.o-:f.x.AS e 'mil;•., ,<% MyCor^i. Exc ogee-2.^.;:J Notary Public, State Texaxz CTX034 10903981 5530 LER EUL h -W A R N I N G-THI��A OF THE OFFICIAL RECORD--D O N O T D E S T R O Y I N D E X E D T aNT COUNTY TEXAS S U Z A E N D E R S O N COUNTY CLERK O F4RE L R E C E I P T T O: OLAN TITLE RECEIPT NO ECD-BY PRINTED DATE 'TIME 201351052 LW 08/23/2001 16:16 INSTRUMENT F ECD INDEXED TIME 1 D201205530 WD 20010823 16*16 CK 024284 T O T A L DOCUMENTS: 01 '� E S: 9000 ANY PROVISION WHICH RESTRICTS THE SALE OF THE DESCRIBED REAL PROPERTY BECAUSE O TS INVALID AND UNENFORCEABLE UNDER FEDER