Loading...
HomeMy WebLinkAboutContract 43612ary SECRETARY CONTRACT NO. 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 FAT Mason Heights, L.L.C., hereinafter referred to as "Licensee", owner of the property located between Mitchell Blvd. and Wichita Street, Fort Worth, Texas 76119 ("Property"). RECITALS WHEREAS, Licensee is the owner of certain real property described as (legal description of property Lot 3 &4, Block 1 of Mason Heights Addition, an addition to the City of Foci Worth, Tarrant County, Texas as recorded in D212201535, of the Deed records of Tarrant County ("Property"); and WHEREAS, the City has a 15' water 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 24 inch and 36 inch storm drain pipes 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. i OFFICIAL RECORD' CITY SECRETARY Et 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 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 Iincroachment 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 By: Name: Title: Manager 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 ay of l2iMcitJLL_.a , 20' City Licensee City of Fort Worth FW Mason Heights, L.P. A Texas Limited Liability Partnership By: FW Mason Heights Genpar, LLC A Texas Limited Liability Company Its General Partner By: Danc,6t45-- itAI-IDT.P.,1I -Derail DIRECTOR PLANNING& DEVELOPMENT ATTEST: -� �'�'' Of �'Q 4 Approved As To Form and Legality v4°g�4a'� PP g Y 0 cbos Floe 000v O • � �� �-._� /'JAssistant•City Sec e . �,� City Attorney 000 *# tmu.. - 307K&C MIRED OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a Notaiy Public in and for the State of ttccbwa kdD Texas, on this day personally appearedRand _: -•st-itt ed 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. • 1.. GIVEN UNDER MY HAND AND SEAL OF OFFICE this e j20 . r - •1 ..• . 11. • IRMA SAENZ Notary Public STATE OF TEXAS My Comm. Exp. Jan. 23, 2016 • e.4. y l •• • .1i •. • • / .1 • • .•. 1 T day of Notary Public in and for the State of Texas 6 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 , 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 (920 day ofJliq,c,20 12. CC) Notary Public in and for the Stat of Texas lb r } outs FOUNTAIN Notary Publics Nato of Texas s, Cam . 11 2242 7 T-ANNISH ��� BURTON cad r4/. BERRY S 4 c Winkelmann & Associates, Inc. CONSULTING CIVIL ENGINEERS • SURVEYORS 6750 HILLCREST PLAZA DRIVE, SURE 325 (972) 490-7090 DALUS, TEXAS 75230 (972) 490-7099 FAX Texas Engineers Registration No. 89 Texas Surveyors No. 100866-00 COPYRIGHT ® 2012, Winkelmann & Associates, Inc. Scale : N.T.S. Date : MAY 16, 2012 Dwg. File :26059 Encroachment Agreement Exhibit.dwg Project No. : 26055.00 ZHUGH�\ N E 4ALVE SITE // GLEN GARDE MAPSCO NO. 78/X COUNCIL DISTRICT 8 N 3MO\ 4 TAR ..ANT CO AA EASTLAN G D AYSON MONTAGUE 3AYLC ENCROACHMENT AGREEMENT EXHIBIT VICINITY MAP MASON HEIGHTS FORT WORTH TEXAS 0:\2801551ENGINEERING1Exhidts128055 Encroachment Agreement Exhb .Mg, 9/13/20124:28:54 PM, 1•2 1 0 Scae: 1'-so• s Detr. RAY 16. 2012 H 26055 E�'IdiOACHR9.T AGREEMENT EYKBTD'AC Project Ne.:26055.00 Nee • 0 Z 0 0 x03 rn ov N 0 c2 • 0 - 0 • • Es NE VA _/ 0Yd1 • • CO011eXt01 PLUS WPC Mal= POP TM 102•00•102 511.PEETSCal KEY MAP FOR IFNCROACHMENT AGREEMENT EXHIBIT MASON HEIGHTS FORT WORM 1ASONHEIGHTS,g5• `P. 10000 N. CERES& manAAIE 150064' FORT WORTH, TEXAS \ 1/4 1 \ \K 1/4 b y� • i O 0 • 1/4 7- N n[ MM. wT WM AVe[cxm w root n c. i Inc. • • fr. lir PRI J..VST= SURVEY A - 859 R.R. RAAE'/ SURVEY A - 1342 COY OF FORT 116ON TARRANT OdD41Y, TEXAS DALLAS. 1D(AS 75231 (214) e63-5515 2 Winkelmann & Associates, lac. Meat= Mt • SWIMS uMIlt%Nat. Ma = N�Pmv T4a 02:11.1_..i ,wm.lr MASON HEIGHTS P275-708130186281 P265-808150156205 DOE / 6796 G:26O\$5\ENGINEERING\Exhlbits128055 Encroachment Agreement Exhibltdwg, 9/13/2012 4:28:0 7244\s40,aa0747\.w7676167e w•.a...w /P..•..< nwne.P 7, 1:2 w 0 m+ O to cn 0+ 0 + 8 CD 0 cn o cn 0 0 01 o 0 0 0 03 0 0 . I -.ice' zN oN -'---_ F ki■ - 1) ' ■■ 1 1zaN-co x al ■•■■ il. 2 12 674 634- 61 0-P 61 e9 r' 31 I j I - 1 • II I FL12 =67200 I 1 .' n ! kJ771:1 wATER.LNE.4 a,,6 siu_6TIIsI.4e�C-r i - -•.�..- y_ : - •K--- G� ■■■■ FL 12' i .. i+i�■ !■ ■■ ■■■ ■ %74.1 % �,,2 87$.,4I i M -, ■■■■■ ■■ •■■■■■ ■N■■ 1 11 ......1701 11f 1 zm : Q09 �(I1 it TT N FL-(t P/R.I t- ; 1 I i • Y 11■■ MIS■ ■ i■■ — y. ES I 1 I 1■/ I 1 IFL• 12• 676.'115 I I i I ? O I I ■ I -1 I 11.11PAI■ 18 . IIi ill I1, I I �r 1 fI I -I• I -r RI 12' 678.:4- 1 f— ; ; 1� \t 1 . I t �=- Fi--1 c-5791 d ' is I ea 1 1 t I1l j ■■ 1 0 Ft 12. 679.51 ' __ 1 . I• . 1 o , ' + T —r- I I 41 l--r i 1 -4 I-_ II- ' I-j I II II 1 1 . 1' I I I am, f T 1 ' FL 12' 579.1) T -r 1 o /I I- I ---- ;; 1 FL 12" 577.0d I I ;�t1 I 1 1 , I • I 1� I+Ar1 ' FL 12. 373.96 _ I I I 1 I t ■ ■■It r t� '4 me: I yJ.• II pi! 0' i 1 1 F4I12. 670.�C I I I I !Ofj, C / K I !'' 1 r t } /• ! (�jt STA 9 •8 8 WATER LINE 4 - ' _ FL 18 SN=672.89" , I i--- 1PROR. 18'I $ O1IAjCSO%ING __ _-_,_�- Itt 4�1 �■■■■■■■■ 1 III n III�, I 1 -Li 12' 667.79 I I 1 I ' / ! TR D 11 scaler_' 4011 'l=4Y $ I Date: YAY 16, 2012 4 1'Ne 26055 GCCFOAGIIIGT A(SU:UFNT i704,IdT117r P,o ect No.:26055.00 0) co O 0 01 G9:0EIM ISM AREA ENLARGEMENTS FOR IFNCROACHMENT AGREEMENT EXHIBIT 1 MASON HEIGHTS FORT WORTH, TEXAS 0 z1— 0 rErr a N 0 O nx • • z • • APPOJDND Met �� v/ 6Y YOUK. PE IAw7 .t JUSTICE aRYEY A - 859 RR. RAMEY SURVEY A - 1342 OTT OF FORT YAROI TARRANT COUNTY, TEGS FOG MIRTH YASCO MOM, L.P. 10003 N. GHOUL DORY. SURE 1500 DALLAS, 1120.S 75231 (214) 863-5515 Wct OF /42 44 Ill 2 No. s:l.• 1 00 es 3 co 0 c-(S— t i GI 04. m Inc o........ _ ) K37e 10 RE\ISM APPRO1 Winkelmann & Associates, IOc. • 9.047061 mSett Ma h4»a}a Sd �. b - MASON HEIGHTS P275-708130186283 P265-608150186253 DOE r 6796 G:12601551ENGINEERING1FxdiIbiis126055 Encroachment Agreement E#tlbtici g, 9/13/20 i 2 4:25:49 PM, 1:2 �vuR9luaamw-.ry+v flame o-e..x,=t "_....,: w.:c.. 0 0 Z m .0 a FL t 659. C}��� I O IR!1'2" 656. FL 12" 656.3 44.0 FL 367 9114=659.80 IFL 12' 656. R 1g. RAO • 0 R�8 1 It 01 IFLI 12° 665.15 : II I Fr k I•' Cn 0 0 0 If a fig IJ '.Ms a El igralt Main flE Al al IIMINEN_ Al la ■■:■pp■r:/6 J / /W/,■iIMO _ �'� t ti'- .n • r• a_ merr .9 n_iarlfi si��s�Id FL 18' S14-66293 �. j�y']. ��f lin►rd 0 _j_ta N N 1 l A S ! 1KL ' I O Fir z z I , 0 O v 0 -r� x rn cn m0.4 cR 01 cn o cn o Date: MAY 16. 2012 26055 ENCROAC1tYENT TT Minn nir: Prv)ect No.:28a56o0 cn tn z cn 0 N 01 0 o • INCIFI Tr( MOI04261LCSIIAGAZ601 OF AREA ENLARGEMENTS FOR kNCROACHMENT AGREEMENT EXHIBIT 2 MASON HEIGHTS FORT WORTH, TEXAS 2 if OOccwnT RS >OfilID SY rent G mus. 2. PS'R 1 Ne. .L ..US110E SURREY ♦ E. 859 RR. RAIEY SURREY A 1-1342 MY OF FORT NORM UMW( COUNTY. 1EXAS MO WORTH YAWN HOCRIS. LP. 10000 N. 0]11RAL E)@WY. S1A1t 1500 DALLAS. WAS 75231 (214) 863-5515 0 Z � O D 0 yls 3t4ri a 0 g. RCYW1 IAPPRO/ Winkelmann & Associates, Inc. 40.51.140 OR. rahrin warms t_ . I P COPA MASON HEIGHTS P275-703130186283 P285-608150168283 DOE / 8796