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HomeMy WebLinkAboutContract 40321 CITY SECRETARy CONTRACT EASEMENT ENCROACHMENT LICENSE AGREEMENT E NT THIS AGREEMENT is made and entered into by and between THE CITY OF FOR 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 Trinity ua1it Housing L.P". , hereinafter referred to as "Licensee 11,owner of the property located at 8725 Cal ont Avenue Fort Worth Texas ("Property"'). RECITALS WHEREAS, Licensee is the owner of certain real property described as (Lot 3-R Block 70 Western dills Addition Section No. 7,f Werth �f�arrant �'"'�nnt Texas,� an addition to the City of Fort Worth, Tarrant County, Texas as recorded in Volume 388 17 l., Page 13, of the Deed records of "arrant County("Property"); and REA , the City has a 40 foot and 12.5 fo (P'i. ..line and U,t.i.lity Easement tint. and raina. e he "Easement"') in the property as shown on the a attached to this Agreement as Exhibit"A►." and incorporated herein; and WHEREAS, Licensee: desires to remove an existing ret,a,ming wall and fence and construct a new retainin wall and fence in the ' easement and construct a new fence in the 12. ' easement (the "Encroach me tit") which will encroach onto the City's user-ent 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 ender the terms and conditions as set forth in this Agreement. NOW,THEREFORE, t the City and Licensee agree as,follows AGREEMENT f. 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 perforl-ed by the Licensee, .hereby grants permission to the License 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 farther infringe in or on the City's Easement beyond what is specifically described in the exhibit(s) attached hereto. H 1 j fpii/��Y f%�//%Ofl� roia 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 duty authorized representative. Prior to the construction of the Encroachment, Licensee shall subiT�it all plans and specifications, to the Director or his duty authorized representative. Licensee shall not con-Lmcncc 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,I 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 blear 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 atlow 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. Clity 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 sarne 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 rewired red 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 V--1. J'wo Hundred and Seventy F ive Dollars ($275.0 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, INCI-,oUDING 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 HEREUNDER9 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 3 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, AGENJ'S, SERVANTS, EMPLOYEES, CONTRACTORS,SUBCONTRACTORS,LICENSEES,,OR INVITEES. 7. Licensee covenants and agrees that it shall operate hereunder as an i.ndcpendent contractor as to all rights,and privileges granted hereunder and not as ail officer, agent, servant or employee of City, and Licensee shall,have exclusive control of and the exclusiive 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, ernployees, 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. The parties agree that the duties and obligation contained paragraphs 3 and 4 shall survive the termination of this Agreement. 4 H. Licensee covenants, and agrees that it will not assign all or any of its rights,, leges 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 'farm nt County, Texas., This Agreement shall be governed by the laws of the State of"I"exas. 13. This,agreement shall be binding upon the parties hereto, their successors and assigns,. EXECUTED this day of 20 City Licensee, ­Y-no, I I"M i k_4L� City of Fort Worth o.I I Ik Lk -t% Acl 6- I+ts, dj,\ermA • W, 0-T&a,&S elQ,401,t2 By: By: Fernando Costa, Name.: Blarbara Holston Asst. City Manager Title: Vice President NIO M&C IREQ11JIRE ATTEST: Approved As To Form and Legality 0 0 0 cc) 0 00.00 1 j YVI i'v" ftw lk 5 0 OFFICIAL'I" ECII RD 0 Od 00 11 TY S E C R E R Y 000 TX City Secretary Assistant City Attorney STATE OFTEXAS COUNTY OF TARRANT' BEFORE ME, the undersigned authority, a Notes-y Public in and for the State of i ,VAA Texas, on this day personally appeare< rsej,j,ud - 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 day of TL do 10 20 EV ONIA OANIFL!-i --------------------- MY colm ary Public- in Pubilic in and for the State of Texas July 10,2101 t( A 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 )k /3/.VZ L---. .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 cons,ideration therein expressed, as the act and deed, of the Grantee, and in the capacity therein stated. 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LINE j ew fOID� r� I(fm rmq ✓ri Ow mAr„ lii/ri f i i ri/ilia I at ` U�rc�'liminnn�rm�Il ay�u�W,�,mJ�r.�11% atom am 116,... il"vc"�'frrrOrl�h.�� roiP9�y� a r ,airrnorron" Ir {rr JJmiHnr "�," � f�atunl,eirrrarflNri �7ll i�i�j///�yirnavN�`�Imjl�i U rrrrr)Orvry„q :� SCALE*- � RPGA S IG"N GROUP, INC WIND RIVER APARTMENTS 1 S. JENNINGS AVIE, STE. 100 T "'EXAS 05- °-101 FT. WORTH, TEXAS 7 N cl 40I PIPELINE EASEMENT it IRE HYDRANT � " VOLUME, 388-171p PAGE PeRoToC.I.T. cp V 0 L U M E 3 IP41711 E S SMH i ALA... `Y P. S "#� \1 ,crrT� w I Xa 0 s 0 " 0 z821 ilk 0 BUILDING 1 (TYPE 3) Icv f BLDG. HTS 17. L:J Em r T 77' EMI " , I i L . V � u B,UILDIN�G 5 17.011 " (TYPE 2 PROPOSE '0' 10 2817 RETAINING �, A it.101, (TYPE 3 " Jcv I EXISTING RETAININ DRAINAGE EASEMENT VOLUME 6610, PAGE 5 D.R.T.C.T., SCREEN W I ALIN 5 UTILITY EASEMENT EXISTING 6" CHAD PROPOSED VOLUME, 388-171 LINK FENCE DUMP- ST PAGE 13 FENCE V'ArT , SIGN 7 w G, PROPERTY LINE KGW Ilk py,i,nfl/i6 i i/II (l/rtmr,. l 5" UT I LI T Y E..A S E M E N !t Il1 i 0 t� VOLUME 0 15 30 45 60 51 yf rur e iin / (r PAGE 24 ",%nir,%�l r o ( ,p I r�It/rmte n/r 1 rP 1 r w.. rr�P..w.,. �_. 1'.. MI 9M,.,. df, '�k �Ik ! r/,rr�ri j, /%Jl ��/°y�l�r/��r�, irr�/% rni,J...�,��J �R r/ i f r� 0%l /i ! x111,I,G �.. is of/i r 1?j i Y ri I J` ai r r rim//iOi//1lf lDdl9/O//� uj yy14il IN WINDRIV'ER APARTMENTS I mom F: FORT WORTH,,, TE,XAS PIPELINIE 400 FOSSIL CREEK BLVD.FORT WORTH,TEXAS 76137(817)647_142 TARRANT C TYv TEXAS EASEMENT TBP Firm too.F-31 , h ERW IN 11016 S, PIPELINE ROAD EULESS, TEXAS 817-267-16:26 MASONRY STONE RETAINING WALLS WIND RIVER APARTMENTS OFF CALMONT DRIVE NEAR WESTWIND CIRCLE FORT WORTH,, TEXAS SHEET I TO RMOTHY^N FALKOF INAL 0 ff h( Ili A L R E C 0 R D RY Cili"TY SECRE"I'l Oil, RTH,"T'X wl i'4 PROJECT, DATE, FE NO Fm"�FAILKOPSKE ENCINEERING, INE 03-09-1c L30909 1414 Randol Mill Road 09AWN BY Artinglion, Texas 76012 ' el 14. prlo I all A all ct Y-or :r-w 1 F I I :r-w/V-0 full— a�'Rltf� xx aj sit oil lwl ""I F WORTH "'X "I RIVER APARTMENTS FALKO,FS,KE ENGINEERING, INC. Al 1014 West Rondo w*11 Road aft TJO t4 NO� 109092 EXISTING GRADE BEAK 12"t 1 A, 10-4io 2 STORY BUILDING BUILDING SURCHARGE 25,(), p,Sf BUILDING FOUNDATION BY OTHERS STONE IS TO RE FULLY MORTARED TOGETHER TOP BOTTOM, FRONT AND BACX. FILTER FABRIC ON TN N OF AND AR01UND GRAVEL OR ROCK, POINT ALL FACE STONE JOINTS FACE STONE PER OWNER BACK�FACE MAY BE DiA. WW1 P IRREGULAR, 3" HOLES 0 8—0* O,C, PROVIDE ALUMINUM "LEAF CUARD" cK -` OR GALVANIZED HARDWARE CLOTH' AT 0 01-1 END OF WEP PIPE. CLOTH OPENINGS FIINI�,HE� GRADE F OF 1/4" TO 3/4" ARE ACCEPTABLE. SLO E -4H, MAX. 6 CL ui mm m pp WELL, COMPACTED CLAY SOIL BELOW WEEP PIPE IIII AND SHEET DRAIN B lf"ONRY WAS SCMCW" 1160,pV #"NW CAPACM(="MAMA"(/#WJnW#0=0 CONMCM0 SWW SM 0"WRAL 0""Mar Alry) WN pot-MASM 04MCM(SM NrURAL UNDfMRWD SWL$ $Cf CAVAR"Nff"MfOr fff) WW" Caw x WACfTy IW 8 91 cl A G 4#-0- 30-4w 4 Of-7- —so 60 15W, 2500 pisf WALL VSSJCM CAMOIA DEANM XM TW x0ft WT `ICT� nbCMm SLW of SURCHOAM 04 mwssuft poemint "4"&W WK Of WAU 4 op 14 dog 17 4og 0 dog M dog 307" 99,46 dog 250 psi USE tHIS SCHEDULE FOR! 1/"2 WALL SECTION UNDIER B�U�ILDING 371 R w,2 4 1 0 ........... C A L E i R -mg,­ 1,�p p" omirrm K I M, 11 .... ......... B1 Al r ~ STONE IS TO BE FULLY MORTARED TOGETHER TOP, BOTTOM, FRONT AND BACK, POINT ALL FACE STONE JOINTS, FACE STONE PER OWNER BACKFACE MAY BE FINISHED GRADE SLOPE 1V:4H, MAX. low TOE am BAT-TER BEARING HE*W DEPTH(HEEL) CAPACITY H 131 C1 A BEARING SLOPE TOP SLOPE BOT ACTW PASSP4 FRWMON SLOPE OF PRESSURE PRESSURE ANCLE SW l BACK OF WALL 1!500psr 14 dn -30 dog 30 deg 17 deg 99.46 deg USE THIS SCHEDULE FOR 2/RW2 2 WALL SECTION UNDER BUILDING RW2 WALLS < 2'-0 3/4 0f 11 ff� Our FVFF lli'C 111 A L R E C R Di fV(j,(Vr0VjV FT,WORTH, "T'X Va PA A 0, Mf ,,.,n.,,,®................. M A A Ut [I I, At�L� WA J N ➢I .............. ..... 1­1 T T- ............... ................... .......... AR H. r .. 11 M l II ..m.......... If OFFICIAL RECORD fi CITY,!: ECRE"ll R T TX