HomeMy WebLinkAboutContract 42975CITY SECRETARY
CONTRACT no. as °us"' 5
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. GutielTez, 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 double-4i1x21 box culvert and
manhole ( 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 exhibits-
~ fl
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
2
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
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.
3
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.
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.
4
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 € bk` day of YNA aC CA& ,
City
City of Fort Worth
Licensee sari
Texas Christian University
By: (
y By: ,
Fernando Costa,
Asst. City Manager
Brian G. Gutierrez
Vice Chancellor for Finance and
Administration
ATTEST: Approved As To Form and Legality
City Seci
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Date
OFFICIAL RECORD
CITY SECRETARY'
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
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UNDA M. HIRRUNGER
.~ MY COMMISSION EXPIRES
• February 2, 2014
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STATE OF TEXAS
COUNTY OF TARRANT
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Notary Public in and for thec9tate of Texas
day of
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared Brian G. GutielTez, 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
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TERRY HANEY
�~ �► �'�' NOTARY PUBLIC
State of Texas
\34\4/o.. Comm. Esp. 11-12-2016
Notary Public in ani for the State
day of
f Texas
OFF RECORD
CITY SECRETARY
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EXHIBIT A
OF
15FT STORM DRAIN ENCROACHMENT EASEMENT
AMON CARTER STADIUM
TEXAS CHRISTIAN UNIVERSITY
OUT OF
LOT 1R, BLOCK 1
TCU ADDITION
FORT WORTH TARRANT COUNTY TEXAS
AS SHOWN BY PLAT RECORDED IN CABINET A SURE 4481
OF THE DEED RECORDS OF TARRANT COUNTY, TEXAS
SEPTEMBER 27, 2011
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EXHIBIT A-1
BOUNDARY DESCRIPTION FOR
15FT WIDE STORM DRAIN ENCROACHMENT EASEMENT
ON SANITARY SEWER MAIN 64R 20FT WIDE EASEMENT
OUT OF LOT 1R BLOCK 1 TCU ADDITION
FORT WORTH TARRANT COUNTY TEXAS
BEING a 15 ft wide tract across a 20ft wide sanitary sewer easement for Main
64R being out of Lot 1R, Block 1 TCU Addition as shown by plat recorded in
Cabinet A, Slide 4481 of the Deed Records of Tarrant County, Texas and being
more particularly described as follows:
BEGINNING at point in the west line of the said 20ft wide sanitary sewer
easement and being 7.5ft northerly from the center of storm drain manhole and
a double 4ft x 2ft box culvert, said point being SO° 13'47"E, 685.03ft and
N89 °46' 13"E, 21.28ft from a found `Y' cut in concrete being the northwest
corner of the said Lot 1R, Block 1, TCU Addition;
THENCE S68°28'44"E, 21.67ft to a point in the east line of the said 20ft
sanitary sewer easement;
THENCE S 1 °05'41 "E, with the said east line, 16.25ft.;
THENCE N68°28'44"W, 21.67ft to a point in the west line of the said 20ft
sanitary sewer easement;
THENCE N 1 °05'41 "W, 16.25ft to the place of beginning and containing 325
square feet of land.
J. B Davies, Inc
Fort Worth, Texas
October 3, 2011
M&C Review Page 1 of 1
CITY COUNCIL AGENDA
COUNCIL ACTION: Approved on 3/6/2012
Official site of the City of Fort Worth, Texas
FORT %ThRTH
DAT
e
3/6/2012 REFERENCE
NO.:
06TCU EASEMENT
**C-25457 LOG NAME: ENCROACHMENT 20 FOOT SS
BOX CULVERT AND MANHOLE
COOL: C TYP1.: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of an Easement Encroachment Agreement with Texas Christian
University for the Construction of a Box Culvert and Manhole 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 four -foot by two -foot box culvert
and manhole which will encroach onto 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 four -foot
by two -foot box culvert and manhole which will encroach onto 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 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 City Manager's Office bv: Fernando Costa (6122)
Oriainatina Department Head: Randle Harwood (6101)
Additional Information Contact: Cassandra Foreman (8188)
ATTACHMENTS
TCU Location Map.Qdf
TCU OVERALL ENCROACHMENT EXHIBIT 2-03-2012.odf
http://apps.cfwnet.org/council packet/mc review. asp?ID=16353&councildate=3/6/2012 03/07/2012