HomeMy WebLinkAboutContract 58864ENCROACHMENT ON EASEMENT
WHEREAS, City of Arlington ("City") is the owner of an easement in Tarrant County, Texas, which
is recorded in Instrument Number D197050938 of the Deed Records of Tarrant County, Texas
("Easement"); and
WHEREAS, City of Fort Worth ("User") desires permission to construct and utilize an aerial
sanitary sewer line, ("Encroaching Facility") within the area or boundaries of the Easement
("Easement Area").
NOW, THEREFORE, in consideration of the mutual covenants contained herein, and other good
and valuable consideration, the receipt and sufficiency of which is hereby acknowledged , City and
User do hereby agree as follows:
1. Location of Encroaching Facility . User may locate the Encroaching Facility in the
Easement Area, but only as described and shown on the attached drawing marked Exhibit "A" and
incorporated herein. User may not relocate the Encroaching Facility within the Easement Area
without the consent and approval of City, which consent and approval shall be at City's sole
discretion. User acknowledges and agrees that City only holds easement rights on the Easement
Area; therefore, User shall obtain whatever rights and permission, other than City's, that are
necessary, and shall provide evidence of such rights and permission to City prior to locating the
Encroaching Facilities in the Easement Area .
2. Restrictions on Use of Easement Area. User shall use only so much of the Easement
Area as may be necessary to construct, maintain and repair the Encroaching Facility . User shall, at
its own cost and expense , comply with all applicable laws, including but not limited to existing zoning
ordinances, governmental rules and regulations enacted or promulgated by any governmental
authority and shall promptly execute and fulfill all orders and requirements imposed by such
governmental authorities for the correction , prevention and abatement of nuisances in or upon or
connected with said Encroaching Facility. At the conclusion of any construction, User shall remove
all debris and other materials from the Easement Area and restore the Easement Area to the same
condition it was in prior to the commencement of User's construction thereon or in proximity thereto .
User shall not place trash dumpsters, toxic substances or flammable material in the Easement Area .
3. Maintenance of Encroaching Facility . User, at User's sole expense, shall maintain and
operate the Encroaching Facility. City will not be responsible for any costs of construction,
reconstruction , operation, maintenance or removal of User's Encroaching Facility.
4 . Risk and Liability. User assumes all risks and liability resulting or arising from or relating to
User's use, the existing condition or location, or existing state of maintenance , repair or operation of
the Easement Area . It is further agreed that City shall not be liable for any damage to the
Encroaching Facility as a result of City's use or enjoyment of its Easement
5. Indemnification. User, to the extent allowable by law, agrees to hold harmless City, its
officers, agents and employees, from and against any and all claims, demands, causes of action,
loss, damage , liabilities , costs and expenses (including reasonable attorney's fees and court costs) ,
known or unknown, fixed or contingent, for personal injury (including death), property damage or
other harm for which recovery of damages is sought or suffered by any person or persons that may
ENCROACHMENT ON EASEMENT
CSO REC ~D
JA N 11 ~23 PMl :3:3
OF iCt l RECORD
CITY SECRETARY
FT. WORTH, TX
Page 1
arise out of, or be occasioned by, the negligence, misconduct or om issi on of User, its officers ,
agents , associates, employees , contractors , subcontractors , sub consultants , or any other person
entering onto the Easement Area or may arise out of or be occasioned by the use of the
Encroaching Facility , except that the hold harmless provided for in this paragraph shall not apply to
any liability resulting from the sole negligence of City , its officers , agents , or employees or separate
contractors , and in the event of joint and concurrent negligence of both City and User, responsibility,
if any, shall be apportioned comparatively . NOTHING CONTAINED HEREIN SHALL EVER BE CONSTRUED
SO AS TO REQUIRE USER TO CREATE A SINKING FUND OR TO ACCESS , LEVY, AND COLLECT ANY TAX TO
FUND ITS OBLIGATIONS UNDER THIS S EC TION .
6. Default and Termination . It is understood and agreed that , in case of interference w ith
City's use or enjoyment of its easement rights or a default by User or its agents in any of the terms
and conditions herein stated and such interference or default continues for a period of ten ca lendar
days after City notifies User of such default or interference in writing , City may at its election
forthwith terminate this agreement and upon such termination all of User's rights hereunder shall
cease and come to an end . This agreement shall also terminate upon the abandonment of the
Encroaching Facility .
7 . Miscellaneous.
(i) If User is , or becomes , the fee simple owner of the real property comprising the
Easement A rea , in the event there is any conflict or inconsistency between the
terms contained in the Easement and this agreement, the terms of this
agreement shall control.
(ii) This agreement shall extend to and be binding upon User, and its successors
and assigns , and is not to be interpreted as a waiver of any rights held by Onco r
under its Easement.
Executed t hi s /O~day of kk"«"'j , 2023.
By : ----==~---f"'<:-f--Mc-------------N am e
Title:
ATTEST :
City Sec retary
Approved As To Form and Legality
~~
ENCROACHMENT ON EASEMENT Page 2
ATTEST :
~J...1Ji<b.! lk:.o,,,u,
Ciecretary
STATE OF TEXAS
COUNTY OF TARRANT
§
§
§
Cit of Fort Worth
By : __ ~--~-----Name : D~
T itle: Ass ista nt ity Manage r
App ro ve d As T o Fo rm and Lega li ty
BEFORE ME , the u nde rsigned authority , on thi s d ay personally appeared Trey Yelverton,
as the City Manager of the City of Arlington , known to me to be the person whose name is
s ubscri bed to the fo rego ing instrument and acknowledged to me that he exe c uted the same for the
pu rposes a nd cons ideration th e rein exp ressed , in t he capa cit y th erein sta ted and he is a uthorized to
do so .
t,.\,9~VEN UN DER MY HAND AND SEAL OF OFFICE th is
.l urulO.~ l , A. D . 2023 .
\
,,,,••~~;:,,, STEP HANIE DI MAS , ... ~.--.~,:. . T ff(-b·•;-C:l Notary Pubhc , State of exas
~~-.. ~-.-~i Comm . Expire s 0~1 -2025 ,:.~itm:i,-1-Notary ID 12 90004 18
STATE OF TEXAS
COUNTY OF TARRANT
§
§
§
day of
~ B ~RE ME , the undersigned autho rity ,, on this d
VQ..~ _j)~-f .-f , as the lt.-=t..:..=.a•~_l,,£~· .11!1-~~µµ;.....i.__
City offdkv'iorth, known to me to be the person whose na is subsc ·
fo regoing instrument and acknowledged to me that he executed the same for the purposes and
consideration therein expressed , in the capacity therein stated and he is authorized to do so .
~------DER MY HAND AND SEAL OF OFFICE t h is ~~=--o-~--·-;------~---' A. D . 2023 .
MAR IA S SANCHE Z
Notary ID #2256490
My Commiss i on Expires
December 19 , 2025
ENCROACHMENT ON EASEMENT OFFICIA RECORD
CllY SECRETARY
FT. WORTH, TX
day of
Page 3
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O.P.R.T.C.T.
NOTES :
POINT OF BEGINN ING
POINT OF COMMENC ING
IRON ROD FOUND
5/8" IRON ROD WITH CAP
STAMPED "EASEMENT" SET
X CUT FOUND
SANITARY SEWER
OFFICIAL PUBLI C RECORDS
TARRANT COUNTY, TX
1. LEGAL DESCRIPTION OF EVEN DATE
ACCOMPANIES THIS EASEMENT DRAWING .
2. BEARINGS REFER ENCED TO THE TEXAS
STATE PLANE COORDINATE SYSTEM , NORTH
CENTRAL ZONE , NAO '83 . ALL DISTANCES
ARE GROUND DISTANC ES .
SCALE REFERENC E POINT:
NORTHING • 6980309.23
EASTING • 2409546.62
EXHIBIT~"
15'SANITARYSEWER EASEMENT
3 ,539 SQJiT OR 0.081 ACRES OF LAN.D
JJ COO.DFELLOW SURVEY, ABSTRAC'.f' 1904 &
JEFFERSON ESTILL SUR VEY, ABSTRACT491
CI7YOF ARLINGTON, TARJ?4.NTCOllN7YTEXAS
VIRJOWI MUMCIPAL
~HT OISCTR/Cr
INST. No. 0219221720
O.P.R. r.c. T.
I
I
N: 6980629 .21
E: 2409565. 77
I
I
N : 6980614.52
E: 2409581 .07
0 60 120
LINE TABLE
GROUND SCALE FACTOR • 1.0001357405
CONVERGENCE ANGLE ~ 0-46 '59 "
15' SANI TARY
SEWER EASEMENT
3,539 SQUARE FEET
OR 0 .081 ACRES
LINE# BEARING LENGTH
L 1 S78 °52 '42"E 1264.74'
20 ' SS EASEMENT
VOL. 6125. PG. 582
INST. No . 0176559355-+-----i
O.P.R. T.CJ.
N: 6980382.49
E: 2409570.67
L1 I
I
TR.ACT No. 5
BOYD BRANCH RIPAR~ BUFFER
CITY OF #11.JNGTON RIO-ff-or-WAY
VOL 12710, PC. '80
Ni/ST. No. 0191~
O.P.R.T.C.T.
VIRIDWi WNICJPAL
IJANAGCN£NT OtSCrRJCT
INST. No 0219221720
O.P.R.T.C.T.
r,w;r No. 6
WU1.ANDS
L2
L3
L4
LS
arr OF Nlt.lNCTON RIGHT-OF-WAY
KJL.. 12710. PG. 562
INST. No. 019'70!J09J4
O.P.R.T.C.T.
N: 6980389.48
E: 2409585 .53
N01 °08'12"W 246 .78'
S46 °09'15"E 21.21'
S01 °08'12 "E 225 .09'
S64 ° 48'37"W 16.43'
BE ING A TRACT OF LAND SIT UATED IN THE J.J. GOODFELLOW SURVEY, ABSTRACT NUMBER 1904 AND THE JEFFERSON ESTILL SURVEY ABSTRACT NUMBER 491, CITY
OF ARLINGTON , TARRANT COUNTY, TEXAS , AND BEI NG A PORTION OF A CERTAI N TRACT OF LAND AS DESCRIBED BY DEED TO VIRIDIAN MUNICIPAL
MANAGEMENT DISTR ICT AND RECORDED IN INSTRUMENT NUMBER 02 19221720, OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS {OPRTCT) AND BEING A
PORT ION OF TRACT NO . 5 AS DESCRIBED BY RIGHT OF WAY TO THE CITY OF ARLINGTON AND RECORDED IN INSTRUMENT NUMBER 0197050938, {OPRTCT) AND
BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOL LOWS :
COMMENCING AT A "X" CUT FOUND AT THE WESTERLY SOUTHEAST CORNER OF LOT 21 , BLOCK 37, VIR IDIAN VILLAG E 3B ADD IT ION , AN ADDITION TO THE CITY OF
ARLINGTON , TARRANT COUNTY, TEXAS , AS SHOWN ON PLAT THEREOF AND RECORDED IN INSTRUMENT NO. 0221368177, (OPRTCT) AND BEING ATTHE
INTERSECTION OF THE WEST RIGHT OF WAY LINE OF PRAIRIE CREST LANE ( A 28 FOOT RIGH T OF WAY) AND THE NORTH RIGHT OF WAY LINE OF BOYDS RANCH
DRIVE ( A 28 FOOT RIGHT OF WAY), FROM WHICH A "X" CUT FOUND FOR THE SOUTHWEST CORNER OF THE SAID LOT 21 BEARS WITH A CURVE TO THE RIGHT
HAVING A RAD IUS OF 372 .00 FEET, A CENTRAL ANGLE OF 09 "47'22 ", A CHORD BEARING AND DISTANCE OF SOUTH 60 °52 '06 " WEST, A DISTANCE OF 63 .48 AN ARC
DISTANCE OF 63.56 FEET;
THENCE SOUTH 78"52'42" EAST, OVER AND ACROSS TH E SAID BOYDS RANCH DRIVE , OVER AND ACROSS THE SAID VIRIDIAN TRACT AND OVER AND ACROSS THE
SA ID TRACT NO . 5, A DISTANCE OF 1264.74 FEET TO A 5/8 INCH CAPPED IRON ROD MAR KED "SH IELD ENGINEER IN G" SET FOR THE POINT OF BEGINNING ALSO
BE ING IN THE SOUTH LINE OF SAID TRACT NO . 5 AND BEING IN THE NORTH LINE OF A CERTAIN TRACT NO. 6 AS DESCR IBED BY DEED TO THE CITY OF ARLINGTON
AND RECORDED IN IN STRUMENT NO . 0197050934, (OPRTCT);
THENCE OVER AND ACROSS SAID TRACT NO . 5, THE FOLLOWI NG COURSES AND DISTANCES :
NORTH 01 °08 '12" WEST, A DISTA NCE OF 246. 78 FEET TO A 5/B INCH CAPPED IR ON ROD MARKED "S HIELD ENGINEERING " SE T;
SOUTH 46°09 '15 " EAST, A DISTANCE OF 21.21 FEET TO A 5/8 INCH CAPPED IRON ROD MARKED "SHIELD ENGINEERING " SET ;
SOUTH 01 °08 '12 " EAST, A DISTANCE OF 225.09 FEET TO A 5/8 INCH CAPPED IRON ROD MARKED "SHIELD ENG INEER ING " SET
IN THE SOUTH LI NE OF THE AFORESAID TRACT NO . 5 AND BE IN G IN COMMON WITH THE NORTH LINE OF THE SAID TRACT NO . 6;
THENCE SOUTH 64 "48'37" WEST, WITH TH E SOUTH LINE OF TH E AFOREMENT IONED TRACT NO . 5 AND BE ING IN COMMON WITH
THE NORTH LINE OF THE SAID TRACT NO . 6, A DISTANCE OF 16.43 FEET TO THE PO INT OF BEGINN ING , AND CONTAINING
3,S39 SQUARE FEET OR 0.081 ACRES OF LAND . 1 1 SHIELD
ENGINEERING GROUP
TBPE FIRM #F-11039 • TBLS FIRM #10193890
1600 West 7th Street, Suite 400, Fort Worth, TX 76102 • 817.810.0696
"") ,.,
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)} ,,-/J: { C U),.,.,._
OBERT P. ALLEN "
R .P.L.S . No . 6495
DATED : 11-07-2022 ..._ _____________________________________________ ..,
.Contract Compliance Manager
By signing I acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
ensuring all performance and reporting requirements.
Ton:J ~LU 1
Signature
Tony Sholola
Name of Employee
Assistant Water Director
Title
ATTEST:
City Sec re ta ry
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX