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HomeMy WebLinkAboutContract 40321EASEMENT 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 (Trinity Quality Housing L.P.), hereinafter referred to as "Licensee", owner of the property located at (8725 Calmont Avenue, Fort Worth, Texas) ("Property"). RECITALS WHEREAS, Licensee is the owner of certain real property described as (Lot A, Block Block 70 Western Hills Addition Section No. 7, Fort Worth, Tarrant County, Texas), an addition to the City of Fort Worth, Tarrant County, Texas as recorded in Volume 388 171, Page 13, of the Deed records of Tarrant County ("Property"); and WHEREAS, the City has a (40 foot and 12.5 foot) (Pipeline and Utility Easement & Utility and Drainage 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 remove an existing retaining wall and fence and construct a new retaining wall and fence in the 40' easement and construct a new fence in the 12.5' easement (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. 1 OFFICIAL RECORD CITY SECRETARY 06-15-10 A10:05 IN FT WORTH, TX 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 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 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 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. 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. C ;b� EXECUTED this day of 20. City City of Fort Worth By: / �LtAn'd•G�W� Fernando Costa, O M&C REQUIRED ! ATTEST: Licensee rr�Ve>'gls 14 P�L, Q,"lt.��"ty�� I-Ipt�" Gt .19.) t.. L. C. p�,TP.tcCiS (i,rvitECG� "G,�t�i�'l� l.ornQcr,nN 1{S 0jU1¢x*A ►M' W t"A Tc arr•c e' (tic, TGcaS ✓toW%� p00�4 Coy tin tv� cis solo me •+� By: Name: Barbara Holston Title: Vice President Approved As To Form and Legality 5 OFFICIAL. RECURC CITY SECRETARY T. 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 ,1'j I) C654Q. , 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 day of JOU N e� , 201_. is EVQNIA DANIELS !; MY COMMISSION EXPIRES luty 10, 2013 tary Public in and for the State of Texas STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned au//t��hority, a Notary Pub//li__c in and for the State of Texas, on this day personally appeared If / �A� rO' 1//51�/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 f day of , 2010 . Notary Public in and for the State of Texas D — � o IZ G7 m � � r r < D Z n m m m D N M cl) m � � m D Z � m SCALE: RPGA DESIGN GROUP, INC. 101 S. JENNINGS AVE, STE.100 FT. WORTH, TEXAS 76104 817- 332- 9477 WIND RIVER APARTMENTS FORT WORTH, TEXAS DATE: 05-05-10 01 m -� x � � z m z m m z r D Z ti, Z M o z O0 q�Mq DRY m m Z Xw � �- D rn � �� r0 om z m c 0D m� m _WATER LINE _ mr m - 26'�� �T------------- _ - - _ Z m D - All v ^� - /` -- -- i \ 20', 002 z / 0: G7 = D C-) o; 000 m m A D r - co o; m o \� \ sos SCALE: 1'' = 30' RPGA DESIGN GROUP, INC. 101 S. JENNINGS AVE, STE.100 FT. WORTH, TEXAS 76104 817- 3 32- 9 47 7 r WIND RIVER APARTMENTS DATE: FORT WORTH, TEXAS o5- 05-10 02 BLDG#94 NEW 8' FENCE 1 / ED � b EMSTING FIRE HYDRANT LOCATION / c EXISTING STORr \ OA WATER LINE E 6� 1 UTIJTY ACCESS GATE � � NEW 8FENCE NEW 8' FENCE O PROP. LINE N UP SCALE: 1'' = 60' RPGA DESIGN GROUP, INC. 101 S. JENNINGS AVE, STE.100 FT. WORTH, TEXAS 76104 817- 332- 9477 WATER BLDG#13 NEW 8' FENL'E O PROP. LINE Ir-s' unurY DRAINAGE EASEMENT NEW 8' FENCE PROP. LINE WIND RIVER APARTMENTS FORT WORTH, TEXAS "i'Y SECRETARY T WORTH, TX DATE: 05- 05-10 03 w Z \\ Q%5sMH \ PIPELINE / / **� \ SIGN/ CI \ 1 !2' MFf 40' PIPELINE EASEMENT \ \ FIRE HYDRANT VOLUME 388-171, PAGE 1 \ \ / EASEMENT P.R.T.C.T. / � VOLUME 3 71 p T \ \\ SMH PA 13 Off/ RET, WALL (TYP.) \ SSMH / \ P .T.C.T Eo0 \ \ v FH \ EX. 6" SS'%, W 2821 ° \ ° BUILDING 7 Icv ?� \ 17 (TYPE 3) 172 0080 EM ' TPAD� o \ o CDCD \ 80EM 2816 ... \ A� / BLDG. HT. \ 6►�A% BUILDING 5 17.0' \ (TYPE 2) \PROPOSE\ 2817 \ RETA NIING BUILDING 6 II \ WALL (TYPE 3) Icv \ — 6�,A' 0000 M \ EXISTING RETAININ \ 40' DRAINAGE EASEMENT WALL VOLUME 6610, PAGE 589 \ 7' Wo©D \ `— D.R.T.C.T. SCREEN FALL\ 5' UTILITY EASEMENT EXISTING 6' CHAIN \ �' VOLUME 388-171 LINK FENCE \ DUMP- VAr T PAGE 13 PROPOSED FENCE \ STER \ P.R.T.C.T. Gas ---m-�Y ----------------- - x x — PROPERTY LINE \ \ KGW \1/2' SIRH Z 5' UTILITY EASEMENT \ \ 0 15 30 45 60 VOLUME 388-51 iiiiii PAGE 24 \ SCALE: V=30' P.R.T.C.T. 4000 FOSSIL CREEK BLVD. FORT WORTH, TEXAS 76137 (617) 847-1422 TBPE Finn No, F-312 WINDRIVER APARTMENTS FORT WORTH, TEXAS TARRANT COUNTY, TEXAS 'EXHIBIT' PIPELINE EASEMENT ERWS, INC. 11016 S. PIPELINE ROAD EULESS, TEXAS 817-267-1626 MAS❑NRY ST❑NE RETAINING WALLS WIND RIVER APARTMENTS ❑F-F CALM❑NT DRIVE NEAR WESTWIND CIRCLE FORT WORTH, TEXAS FALKOFSKE ENGINEERING, INC. 1414 Randol Mitf Raad Suite 201 Artingfon, Texas 7(iO72 (817) 261-OROO SHEET 1 T❑ � PR❑JECT: ■ IIATE� FE NO 113 -(f9-10 309.09 TJW =fit 1 e � a .4i y� ryry i 1 �fi -o* re a'-o I � y OFFK ECORD CITY SECRETARY FT WORTH, T)° 4ASONRv RETANING WALES WITH B4RDING SURCHARGE FALKOFSKE ENGINEERING, INC. WE KIND RIVER ARARTUEHTO Slruclural En Orin Cona Wlonle m OFF CAJ.40N1 DRIVE NEAR 1VESTWtt+D CIRCLE 9'n° .9 o[S-- TAi° u.a Tj FORT WORTH. TEYAO �, Teaaa Rpi°14red Fngineenng firm: , f—Ip}e ��`.a�i-� 1414 Weal Rondol 411 Rood ONH. Tlil a --'+ � Tf 0 ERWS, INC. . , Texas zoI N E � Nfnglon, Teaae 76012 ERWSSjoT TEXAS 109092 ualro (ell) 361-0300 No. aTE uHsroN ^ EXISTING GRADE BEAM, 12"t 2 STDRY BUILDING BUILDING SURCHARGE = 250 psf BUILDING FOUNDATION BY OTHERS STONE IS TO BE FULLY III , FILTER FABRIC ON MORTARED TOGETHER TOP BOTTOM, FRONT AND BACK, III -II TOP OF AND AROUND of I — III GRAVEL OR ROCK. 1 POINT ALL FACE STONE JOINTS _ FACE STONE t III -II PER OWNER II_ BACKFACE MAY BE �j IRREGULAR. 3" DIA. WE, P M _ HOLES O B -0" O.C. PROVIDE ALUMINUM "LEAF GUARD" J I I OR GALVANIZED HARDWARE CLOTH AT _ END OF WEP PIPE, CLOTH OPENINGS FINISHED GRADE G p — OF 1 /4" TO 3/4" LOPE 1V:4H, MAX. oo ARE ACCEPTABLE. Sw -_—I—I 3 I— WELL COMPACTED CLAY N I I I I I I C) I I I I I I I I SOIL BELOW WEEP PIPE AND SHEET DRAIN III -II 1I— ', SCN6DUf.6 URAL UNpJlURJfD JOlLJ OR ODYPAf`!YO MLRAL NOTJJ JNLiT A7/) JIORBLO SOW JJP OJMJRAL NO= JNJf► RII) X eAT1CR GRM'EL ZONE oIRRIO QUF.EL) TRGRhm CAPACITY 1 A G 6" 0'-6" 6" 1500. 2500 psf 7- 0'-8" 6- 6- 9' 1'-0- 6' CM CRl7'A'RU K 4RtE PASSIVE PRESSURE fR cwm AWAE VISE ROPE a fN{R O/ WL 3WHARGE p 6 R laq 30 deg 17 deg 99.46 deg 250 psf CHEDULE FOR 1/RW2 N UNDER BUILDING OFFIC��.L RECORD CITY SECRETARY T. WORTH, TX STONE IS TO BE FULLY � MORTARED TOGETHER TOP, BOTTOM, FRONT AND BACK, POINT ALL FACE STONE PEREOWNER \` -III-I I II -III FINISHED GRADE SLOPE 1V:4H, MAX\ a U BACKFACE MAY BE IRREGULAR. IfASONRY HALL SCHEDULE 1600 pRI - BEARING CAPACITY (STIFF NATURAL UNDlSTURBBD SOILS OR COMPACTED AND TESTED SOILS SEE GENERAL NOTES SHEET Awl) 2500 pq - BEARING CAPACITY (HARD NATURAL UNDISTURBED SOILS SEE GENERAL NOTES SHEET Awl) WALL BASE TOE BASE BATTER BEM@M HEIGHT MOTH DEPTH (HEEL) CAPACITY H 8 81 CI A 1500, 2500 psf 2'-0" 1'-11" 0'-3" 0'-4" 0'-4" MALL DESIGN CRITERIA BEARING SLOPE TOP SLOPE PDT ACTS PASSNE FRICTION SLOPE OF Oe PRESSURE PRESSURE ANGLE BASE BACK OF WALL m� Vp 8 R ISoo�F 7500PSF 0 deg 14 deg 30 deg 30 deg 17 deg 99.4E deg USE tH15 SCHEDULE FOR 2/RW2 SECTION UNDER BUILDING CITY SECRETARY FT WORTH, TX 1�a BUILDIN ENCRGACHES INTO EASEMENT A DISTANCE OF APPROXIMATELY .9' ON THE SOUTHWEST CORNER OF THE BUILDING AND APPROXIMATELY .5' ON THE SOUTHEAST CORNER OF THE BUILDING n 40'-D" EASEMENT x a :b7 EXISTING B" SAP•lITARY SEVlER LIWE 8" WATER LIME CROSS SECTION TO7AL MA%IAdUM WALL EPICROACHMEPIT INTO EXSITING UTILITY EASEMENT IS 3'-2" @ MAX 6' TALL WALL. 1'- 0"