HomeMy WebLinkAboutContract 42976CITY SECRETARY
CONTRACT NO. �a
La
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 Texas Christian University, acting herein by and through its duly authorized
Vice Chancellor for Finance, Brian G. Gutierrez, hereinafter referred to as "Licensee",
owner of the property located at 2850 Stadium Drive, Fort Worth, Texas ("Property').
RECITALS
WHEREAS, Licensee is the owner of certain real property described as (legal
description of property Lot 1R, Block 1 TCU Addition, an addition to the City of Fort
Worth, Tarrant County, Texas as recorded in Cabinet A, Slide 4481, of the Deed records
of Tarrant County ("Property"); and
WHEREAS, the City has a 20ft Sanitary Sewer 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 series of wheel chair ramps and
retaining walls ( 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 Cit
Easement beyond what is specifically described in the exhibit(s) attached
1
3t%AL RECORD
CITY SECRETARY
nvvORTH 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 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
THE CITY; AND LICENSEE HEREBY ASSUMES ALL LIABILITY AND
RESPONSIBILITY FOR SUCH CLAIMS OR SUITS. LICENSEE SHALL
3
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 respondent 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.
The parties agree that the duties and obligation contained paragraphs 3 and 4 shall survive
the termination of this Agreement.
4
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 ir day of 'inn air 04 , 20 ► �.
City
City of Fort Worth
By:
Fernando Costa,
Asst. City Manager
ATTEST:
City Secretary
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
By:
Licensee
Texas Christian University
Brian G. Gutierrez
Vice Chancellor for Finance and
Administration
Approved As To Form and Legality
AASLQUYVA
Assistant City Attorney
(5- aO 4 5
Contract Authnri2ati0u
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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 Fernando Costa 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
4_ UNDA M. HIRRLINGER
My COMMISSIONEXPIRESRES
February,
STATE OF TEXAS
COUNTY OF TARRANT
day of
C _ m 'I
Notary Public in and for the State of Texas
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared Brian G. Gutierrez, 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
°Kern 6Q1 , 20 \ .
TERRY HANEY
NOTARY PUBLIC
State of Texas
as2018
„g7 Comm Exp.1
day of
Notary Public in and for the Staije of Texas
6
CANTEY ST
FND Y/CUT IN CONCRETE FLUME
NW COR LOT 1R BLOCK 1
TCU ADDITION
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S 89'46'13" W
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EXISTING RAMPS
UNDER CONSTRUCTION
11-30-2011
LOT 1R, BLOCK 1 TCU ADDITION
CABINET A, SLIDE 4481, P.R.T.C.T.
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J.Et DAVIES, INC. SURVEYORS
P.O. BOX 40882
FORT HURT$ TEXAS 78104
(817) 396-3154
20.44'
5.0'
RETAINING WALL
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NORTH BELLAIRE DR
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BERRY ST
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5.0' S��
FACE / \(
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S 25'25'43" E
20.03'
S 64'28'37" W
90.31'
EXHIBIT A
ENCROACHMENT EASEMENT
LOT 1R BLOCK 1
TCU ADDITION
FORT WORTH TARRANT COUNTY, TEXAS
AS SHOWN BY PLAT RECORDED IN CABINET A SLIDE 4481
OF THE DEED RECORDS OF TARRANT COUNTY, TEXAS
DECEMBER 1, 2011
Exhibit A-1
BOUNDARY DESCRIPTION FOR
RETAINING WALL ENCROACHMENT
ON 20FT SANITARY SEWER EASEMENT
FOR SANITARY SEWER MAIN 68 RELOCATE
LOT 1R BLOCK 1 TCU ADDITION
FORT WORTH TARRANT COUNTY TEXAS
BEING a tract of land out of the 20ft wide sanitary sewer easement for the Sanitary
Sewer Main 68 Relocate out of Lot 1R, Block 1, TCU Addition, as shown by plat
recorded in Cabinet A, Slide 4481 Deed Records Tarrant County, Texas and being
more particularly described as follows:
BEGINNING at a point in the north line of the said sanitary sewer easement, from
which a found "Y" cut in concrete for the northwest corner of the said Lot 1R, bears
S89°46'13"W, 248.58ft and NO°13'47"W, 1366.02ft, said beginning point being 5ft
west of the west face of the retaining wall;
THENCE N64°28'37"E, with the north line of the said Sanitary Sewer Easement
86.28ft to a point 5ft east of the east face of the retaining wall;
THENCE S25°25'43"E, 5ft east and parallel to the east face of the retaining wall,
20.03ft to the south line of the said Sanitary Sewer Easement;
THENCE S 64°25'43"W, with the south of the said Sanitary Sewer Easement, 90.31ft
to a point 5ft west of the west face of the retaining wall;
THENCE N 14°04'l0"W 5ft west of and parallel to the west face of the retaining wall,
20.44ft to the place of beginning and containing 1,769 square feet of land.
J. B. Davies, Inc
December 1, 2011
M&C Review
Page 1 of 1
Official site of the City of Fort Worth, Texas
FORT WORTH
OUNCIL AGENDA -Ther
COUNCIL ACTION: Approved on 3/6/2012
DATE: 3/6/2012 REFERENCE
NO.:
06TCU EASEMENT
**C-25458 LOG NAME: ENCROACHMENT 20 FOOT SS
RAMPS AND RETAINING WAL
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of an Easement Encroachment Agreement with Texas Christian
University for the Construction of a Series of Wheel Chair Ramps and Retaining Walls
that will Encroach Upon a Twenty- Foot Sanitary Sewer Easement at 2850 Stadium Drive
(COUNCIL DISTRICT 9)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of an Easement Encroachment
Agreement with Texas Christian University for the construction of a series of wheel chair ramps and
retaining walls which will encroach into the City's twenty -foot sanitary sewer easement at 2850
Stadium Drive.
DISCUSSION:
Texas Christian University has requested use of a City -owned utility easement to construct a series of
wheel chair ramps and retaining walls which will encroach into a twenty -foot sanitary sewer easement
at 2850 Stadium Drive. Staff from both the Transportation and Public Works Department and Water
Department have reviewed this encroachment request and recommend City Council approval.
The fee for the privilege granted by this Agreement will be $275.00. The term of the Agreement will
be 30 years.
The property is in COUNCIL DISTRICT 9.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that the Planning and Development
Department is responsible for the collection and deposit of funds due to the City.
TO Fund/Account/Centers FROM Fund/Account/Centers
0001 421232 0062000 $275.00
Submitted for Citv Manaaer's Office bv: Fernando Costa (6122)
Oriainatina Department Head: Randle Harwood (6101)
Additional Information Contact: Cassandra Foreman (8188)
ATTACHMENTS
TCU Location Map.pdf
TCU OVERALL ENCROACHMENT EXHIBIT 2-03-2012 odf
http://apps.cfwnet.org/council packet/mc review.asp?ID=16355&councildate=3/6/2012 03/07/2012