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HomeMy WebLinkAboutContract 39878CITY SECRETARY N01.___� _ 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 Gers! sna r PrDper+7e3 LL.G ), hereinafter referred to as "Licensee", owner of the property located at (street address +4-0/ L-a flC4 sleet /9ste, ) ("Property"). RECITALS WHEREAS, Licensee is the owner of certain real property description of property Laf Ai8/oc.k Z/ �.ino[alan addition to the City of Fort Vorth, Tarrant County, Texas as 39�—t7 ,Page /54 ("Property"); and of the Deed records 4escribed as (legal aVefion ), recorded in Volume of Tarrant County WHEREAS, the City has a (width of easement / SCfM4en3 foot ) (type of easement 5mnHmry newel— ) (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 Sce (xi5ti' tncroscl nc t --�kkkt C ( the "Encroachment") which will encroach onto the Ci '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 1 infringe in ?'coRD en* SECRETARY FT. WORTH, TX 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 Dollars ($05.-12') 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, 3 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. 8. 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 attorney's fees. 10. 4 The parties agree that the duties and obligation containedparagraphs 3 and 4 l' shall survive the termination of this Agreement. 11. Licensee covenants and agrees that it will not assign all or any of its ri is privileges , p eyes or duties under this contract without the written approval of City, and p �, , any � attempted assignment vvrithout 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 al -day of City City of Fort Worth By: Fernando Costa, Asst. City Manager .sv. ,t. Y. ATTEST: Attesteci Marty Hon: * , Ci icifjb oV O'fc") 1- Secreury Licensee , 20 /0 GERSHMAN PROPERTIES, LLC, a California limited liability company By: Name: Ronald A. Gershman Title: Manager 0000°"0; COP e<,�,v o0 8i54tij d ,Approved As To Form and Lega 1 tat e j o� i I OFFI $.1 rcnpr 1 t OII W !AWE a.Iity NO M&C ROW C H L ORNH f ALL0PO!RPOSE ACKNOWILfl GMENT • • • • •.•'•' • • • •• • State of Califor. • •"• • is County of A7- 5 AI personally appeared • • • • • •i• before me, • ,'•Tior• • ••'•T•�•Co • •Cp ••�•/ •�•T•rip`•�•�•/'•�son et: • • • • • • •/'•Cs•/V . • JH t1417/4 Here Insert Na Name(s) of Signer(s) d Titl a 0 Officer )n AWL j Place Notary Seal and/or Stamp Above who proved to me on the basis of satisfactory evidence to be the person) whose name is/art subscribed to the within instrument and acknowledged to me that he/she/t1. y executed the same in his/heilthauthorized capacity(i and that by his/rted tht3.1u signatures) on the instrument the person( or the entity upon behalf of which the person,1 acted, executed the instrument. certify under PENALTY OF PERJURY laws of the State of California that the parag ra p Signature: OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: h is true and correct. 5, 5, , i 5, ,• ,. WITNESS my han official seal. >> • Number of Pages: >> g , Signer's Name: >> Corporate Officer — Title(s): >> Individual !Taco Hirno WJiJI @ThY11n1� Partner — Limited General Top of thumb here >> �-� ignature of Notary Public under the foregoing Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Corporate Officer — Title(s): Individual Partner — Limited General Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: •Ne•—.• •L.•N._.•`dr•%. NI—.• •`•Ntl. —.• • I1GHT OF SItkE u n Top of thumb here Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: •\—. ••• •Nk —. •\—..♦—• ••%. • ©2008 National Notary Association • 9350 De Soto Ave., P.O. Box 24020 Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: CaII Toll -Free 1-800-876-6827 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 &nem a gASYseLa, , 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 &Li& day ofF(/i/e/ ,20/6 • ft otary Public in and for the State of Texas EVoN,A DANIELS MY COMMISSION EXPIRES duly 10, 2013 1 7 NNW ACO a 70 PC FEDIWL OOQ CY LMN CONNY AGENCY FLOOD I AIV.17 WE NI C17na.INY AWL MAW 46131 V.71OC NFBmc WR SP/aWR 2; 20e DB MOWN WES NOr or MINN PC I. MR ROC NILYO ALL no Sat WrDW..m IMP B LAMID AS WNW SY WNW ANY NOT WRISON AC MOST WNW MP. 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OM 0' DES RAT APPWANIL 912D UPON S0aut 1 Or PC MILT nr amuCa N en67 AS 0' DC OW 0' DE RAI: DC WANT TO W C NWAY:D R N7OaI® amn WOW 2 or SAD 6 ISSUER ON RC We A MONO raw COWIN= AC R6R.CIWB AW LRa ALiOQI DES ROUT ORES NOT Met DC PRLmWS 7RA7 Or mat, 40.01049 NC WSW Cr //t' SWAISIOn NOR COS N NCO OR ROCK ANT N79 COM7M = OR NCSWMONS 1 "=40' I/r IKW lava _F b 0 z rr 2TA• D' I 101 WNT-Or-WY POINT OF' BEGINNING LOT 8, BLOCK 2 LINDA ADDITION V. 388-47, P. 168 s 88'28'b8$ 249.73' 2R' NOR LW T3' IRI. LONI. Y. P. 1M Kan-47, P. 1St Cc ww 44 -T COW: MD J 21' eLLa MC It V. V.Oa 47. p. 1SI A—R 1/2" ww J.L. PURVIS SURVEY, ABST. NO. 1228 r IN Td07 OWL -•-1 K MIS 141E =SMA/W PROPERTIES. LLC �D2008411770 — 7 243 S 3 89•37'98'W anr i 71500 K 670; I. N—i I — EAST LANCASTER AVENUE t/40' &OA ) CASE* FS-809-158 nure Tin AR7e STATIC 0r T WAS CovRTT OP TARRAN' AVOW ALL NEN Br 15=SY PRESENTS, that Cerebrum Properties. LLC, acting by and through its duly authorised wont are the owners following ' dng real property to LEGAL DES'CRPTION Being a npkt of Let A. Bloch S. LINDA ADDA70N, an Matter to w City of Tort Worth Tarrant County. IS a000 dig to the plat recorded in TokwIC 388-47. Page 166, Plat Ricardo, Tarrant Cowan Taman and that cartels tract of land maven to Ornh■en Proportion LLC, by dead recorded t. flares PUN No. 020841170. Deed Records. Tarrant County, Fun said pope fa be town as in I R Ricoh 2, being men particularly de.rtkei Jalwoc B.gMnM g at w southwest corner a said Lot A. Bloch S. in the north Mae of Pad Lanoa.or Aomori (a 140' not) and N the .ad Mow R/ Rand AMMO (a 664 r.aw.); THEN= North 00 deers 00 aMWdee 06 second* tea along the east Wn of said Rand Avna 402.20 foot to w .ouyrwd owner of Lot a. Block Z. LINDA Ala Wu q/ Let 89 s Lot a �2. swath East, nor�wostw� of .aid Lot A, Book 2. at 14926 jest and being nn Seed owner of rid 0.910 mn CwWnan PropertLot ies. LLC tract 4' ant 249.73 to a 1/2' Yea foulthe west ls n Additton to the City of Part Worth, Tarrant County, T w mowWrspt moored M VaSn. 388—N. Pogo 639. Piet Records. Tarrant Cavity, hoar THINGS Sash 00 donee 06 =amiss 13 secondr Vest 9o..ing the nrdoeat owner of Lot Book 2, al . PEES SBBDMS 0I N. c.NWMng Y. dL 123.18 foot to a 1/2' iron aid found at the northwest corner of Lot 6, Book s. POPES SDBIMWSION. an Addition to the City 01 Pert Tort Arrant C..fµ hags. annealing to the plat rwrdod in Plat Cabinet IL Slide 647, Pod Rooada, Tarrant Counts Amu I71M2T South 00 dyne 46 nudes 27 .emends End day the maWacn Mow of said GeraMnr. Proportion LLC tact and .aid Lot 5, Book 2, 27510 fed to a 1/1* Yon found in the north We N said San Laead.r Annie; uyJ aattddTITENCILancaster taw, South 89 donee S7 minutes 06 .nand, Vat, along the north Mew BSe.GG/NINCM ooincakning 2.� 6aacns of tent VC In found at w POD? Or and NOW. TBERSPORIt. KNOW ALI tallBT MSS PRESERm'; riot, ConOunas Worthy adopt this Plat of s. LLC Mnlsebou. described root Property to be deddnaod ass..«. Lat A-11. Bock 2 LWD4 ADDITION City 4PM Vera Tarrant mac and doss holy bdoca o the Anblo'a use fonwr, The st wo and .repents shown heron. EIIWTntD the thf_ dey N 20_ Rae Crakuan, Manager Centrum Properties. LLC 3TA2T OP CAlllORMDA OODNTr OP BORE tat the amdadpled wlorget on USE clay pro appeared Ron CneConann.n (Manager. Coan Propr/Yn LLC). taro te ow to to the perms whom nano it subscribed to w oseastes above and foregoing Yeinorund and adewdedged o we OW latiMin M capacity Ow thoreoj and aauiderags7n Merin espd WPM UNDER Mr BAND AND SLIL OF 7WWIS__w Notary Fatah Counts California My Ca miosion Esp*u Final Plat Lot A—R, Block A Being a replat of Lot A, Block 2, LINDA ADDITION and 0.910 acres of land situated in the J.L. PURVIS SURVEY, Abst. No. 1228, City of Fort Forth, Tarrant County, Texas. 00214 min tzt SANITARY SEWER EASEMENT ENCROACHMENT LIST • Building extends northward into easement approximately 5.75 feet. • 2 concrete pads • 1 concrete electric equipment pad • 1 concrete loading dock • 2 bollards • 1 stair case • 1 ladder • 1 water meter • 1 electric meter and electric panel