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HomeMy WebLinkAboutContract 20420 EASEMENT ENCROACHMENT AGREEMENT UT' STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT WHEREAS, Dorothy Jean Hill, formerly known as Dorothy Jean Keenom (hereinafter referred to as "Owner") , represents that she is the owner of the real property legally described as Lot 10, Block 1, Bunting' s Addition to Hi-Mount, an addition to the City of Fort Worth, Tarrant County, Texas, as recorded in Volume 204, Page 42, of the Deed Records of Tarrant County ("Property") ; and WHEREAS, the City of Fort Worth has a storm drain easement (the "Easement") in the Property, as shown on the map attached to this Agreement as Exhibit "All and incorporated herein; and WHEREAS, Owner desires to construct a residence and driveway (the "Encroachment") , which will extend in, on, over or along the Easement; NOW, THEREFORE, WITNESSETH: That Owner hereby covenants and agrees as follows: 1. owner agrees that the Encroachment will comply with all standards, policies and procedures of the City of Fort Worth governing design and construction. Prior to the construction of the Encroachment, Owner shall submit plans and specifications to the Director of Transportation and Public Works of the City of Fort Worth (the "Director") . Owner shall not commence construction of the Encroachment until the Director has indicated to Owner in writing that he has no objections to said plans and specifications. ICY SICRI'l"Au"y F ITT, Mimi Any subsequent repair, replacement, expansion or alteration of the Encroachment must also be submitted to the Director with the plans and specifications therefor, and the Director must indicate in writing that he has no objections thereto, prior to the commencement of such work. Owner hereby releases City from any responsibility or liability in any way related to the plans and specifications. In addition, Owner shall indemnify City in accordance with this Agreement for any responsibility or liability in any way related to the plans and specifications, asserted against City by any third party. 2 . Owner shall be solely responsible for maintenance of the Encroachment. Owner's maintenance of the Encroachment shall at all times be in compliance with City of Fort Worth standards. Owner shall assume any liability in any way concerning, related to or resulting from the Encroachment, either directly or indirectly. 3 . Should it become necessary for City to repair, replace, maintain, remove, enlarge, expand or otherwise alter in any way its public facilities or utilities located in, on, under or over the Easement, City shall not be responsible for any damage or other adverse consequence resulting therefrom to the Encroachment or to Owner. Furthermore, Owner shall pay all costs incurred by City with respect to any necessary demolition or removal of the Encroachment resulting from or in any way related to City's use or maintenance of the Easement. 4 . Owner shall indemnify, hold harmless, release and defend City from and against any and all claims, damages, costs, expenses, -2- lawsuits, causes of action, or other adverse consequences related or in any way pertaining to, directly or indirectly, the design, construction, use, maintenance, location or existence of the Encroachment. The foregoing provision shall apply in any event to the acts or omissions of Owner or any third party and shall include but not be limited to, any claims, damages, costs, expenses" lawsuits, causes of action or other adverse consequences, as described in said provision, resulting from the negligence of the City of Fort Worth. In addition, Owner hereby waives any right to assert any claims, damages, costs, expenses, lawsuits, causes of action or other adverse consequences against city resulting from or related in any way to this Agreement. 5. In the event that the Encroachment is destroyed or damaged by fire, flood, or any other cause, its replacement or reconstruction shall be the sole responsibility of owner, and all costs for said replacement or reconstruction shall be paid by owner and it shall be reconstructed according to plans and specifications approved by City. 6. Owner covenants, agrees and acknowledges that this Agreement is solely for the purpose of permitting Owner to con- struct, maintain and locate the Encroachment over or within the described Easement and is not a conveyance of any right, title or interest in or to the Easement. 7 . Owner covenants, agrees and acknowledges that City has the right to terminate this Agreement and the privileges granted hereunder, at any time, by notifying Owner or its agent in writing -3- of its intent to terminate same. owner covenants and agrees that in the event this Agreement is terminated for any reason Owner shall immediately remove Encroachment and, should Owner fail to remove same, City shall have the right to remove same. City shall incur no liability as a result of such removal, and owner hereby releases City and holds it harmless from any such liability. All charges incurred by city in connection with such removal shall be borne by Owner and shall constitute a lien against the Property. Said lien shall be perfected by filing an affidavit in the Deed Records of Tarrant County, Texas, specifying the amount of the lien. 8. Owner and City mutually covenant and agree that City, acting by and through its duly authorized agents, officers, servants or employees, shall have at any and all times the full and unrestricted right to enter owner' s property for the purpose of examining and inspecting the Encroachment and its appurtenances to determine the compliance by owner with its obligations hereunder. 9. Neither this Agreement nor any part thereof shall be assigned by either party without the prior written consent of the other party, and such assignment without such prior written consent shall constitute a breach of this Agreement and shall be grounds for termination of same. 10. Owner shall operate hereunder as an independent contrac- tor and not as an officer, agent, servant or employee of City. Owner shall have exclusive control of and the exclusive right to control the details of the work and services performed hereunder, -4- and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, representatives and independent contractors. The doctrine of respondeat superior shall not apply as between city and Owner and nothing herein shall be construed as creating a partnership or joint enterprise between City and Owner. 11. Owner agrees to deposit with the City of Fort Worth when this Agreement is executed a sufficient sum of money to be used to pay necessary fees to record this Agreement in its entirety in the deed records of Tarrant County, Texas. After being so recorded, the original hereof shall be returned to the City Secretary of the City of Fort Worth, Texas. 12 . In any action brought by City for the enforcement of the obligations of Owner, City shall be entitled to recover its court costs, expenses and reasonable attorney's fees from Owner. 13 . 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. 14 . Any notices required hereunder shall be effective as of the date they are deposited in the United States mail, certified, return receipt requested. The notices shall be effective when addressed as follows, provided the party mailing the notice has not received written notification of a change in same: TO OWNER: Dorothy Jean Hill 1313 Belle Place Fort Worth, Texas -5- TO CITY: City of Fort Worth Attn: Transportation/Public Works Director 1000 Throckmorton Fort Worth, Texas 76102 15. The failure or inaction by City in enforcing any of its rights or privileges hereunder shall not constitute a waiver of City's ability to subsequently enforce such rights or privileges. 16 . The covenants and agreements set forth herein shall constitute a servitude upon and shall run with the land and be binding upon owner and successors in interest to the Property. 17. The term "Owner" as used herein shall mean Owner and shall include the heirs, successors and assigns of Owner, as well as its agents, servants, employees, representatives and independent contractors. This provision shall not alter in any way the requirements of Paragraph 10 herein. The term "Owner" shall include anyone claiming ownership of the Property, in possession thereof, the record title holder and/or the legal title holder. 18. The term "City" as used herein shall include the agents, representatives, servants, employees and independent contractors of the City of Fort Worth. 19 . Should any portion of this Agreement be determined to be illegal, unconstitutional or otherwise unenforceable, the remaining portions of the Agreement shall continue in force and remain effective and shall be construed consistently with the originally intended purposes of the Agreement. 20. This Agreement may be amended by written amendment executed by both parties hereto. This Agreement and any subsequent written amendments shall constitute the entire agreement of the -6- parties and shall supersede any prior or contemporaneous oral or written agreements pertaining to the subject matter contained herein. / EXECUTED this day of 19 ATTEST: - CITY OF FORT WORT e4�e �. r By: City Secretary Name Title: APPROVED AS TO FORM AND LEGALITY: Assistant City At t4rney OWNER: ATTEST: Dorothy Jean Hill Y` Printed N Date -7- STATE OF TEXAS S COUNTY OF TARRANT S BEFORE ME, the undersigned authority, a Notary Public in and for e Staff� 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 the same was the act of the City of Fort Worth and that he/she executed the same as the act of the said City of Fort Worth for the purposes and consideration therein expressed and in the capacity therein stated. GAVEN UNDER MY D SEAL OF OFFICE this day of 19" 72 d ORIA Rfl ELF IA M NOTARY PUBLIC State of Texas No ary Public in and for car ems/{ Comm. EXP,07-16-96 the State of Texas STATE 0 COUNTY OF tAAaC,�S BEFORE ME, the undersigned authority, a Notary Public in and for the State of on this day personally appeared known to me to be the person whose name is subsciiped to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 117 'e4 day of 1 19 C/ 0 SHIRLEY MOUSER Notary Public STATE.OF TEXAS otaryy PubliCo fn and for my cem.F'v")-M",111/97 the Sta te o f , LOT 10, BLOCK I BLNTING'S ADDITION TO HI-MOUNT, an Additiono to the City of Fort Worth, rarrant �Iunty, Texas, according to the Plat recorded in volume 204, Page 42, Plat Records, Tarrant County, Texas. ADDRESS: 1313 Belle Place. Correct as surveyed on the gorund in April, 1994. The corners were marked as shown on survey, there are no encroach-rents or protrusions except as shown. This lot is not located in a federally designated 100 year flood plain according to CcmTunity Panel 4484339C 0149G, dated 1-6-1993. /X0 2 o tY-V-C,11, Lo UjOer Pink \44 Scale eS Ck,le ':f>f-L2;P- OF WENDELL HANCOCK 0 ......-•°-... IRON PINS A.III! W I, * Raglotered Professional Surveyors -X-X .....-.... FENCE WENDELL HANCOCX 834-e243 a ............•.. 5015 D'MC STAKES1 t- 1326 1721 HALTOM ROAD -T-E ------- U71LIT-Y LINE FORT WORTH, TEXAS 76117 ,S......• SANITARY SEWER SUR IT If- b A-\ zA ,r, `+�� M ' •�' • • • • • • • i5. .-- y J E A A L 0 W.Kt�• NK• • 49961 j d •�F' lST6 ��" tw s` ` 13l3 l,L JERA►LD W. KUNKEL Sheet CONSULTING ENGINEERS a� acso ■ 'alrl} ,�`� /�r;� i j`D I-M�( 1170 CORPORATEDRIVE SUITE210 0/ +,"MAV er ' t xl`i ARONGTON.TEXAS 76006 METRO(817)640.3611 - FAX(817)6A 5 CC DESIGN A. DESIGN LIVE LOADS FLOOR 40 PSF MATERIALS A. ALL CONCRETE DESIGN IS IN ACCORDANCF, WITH ACI 318-89 . CONCRETE SHALL ATTAIN A MINIMUM 28-DAY COMPRESSIVE STRENGTH OF 3 ,000 PSI . CONCRETE SHALL HAVE A MAXIMUM OF 5--INCH SLUMP. ALL CONCRETE SHALL BE DJORMAL WEIGHT UNLESS NOTED ON THE PLANS. REINFORCING STEEL A. ALL REINFORCING STEEL SHALL BE NEW STOCK, DEFORMED BARS, CONFORMING TO A.S.T.M. A-613, GRADE 60, EXCEPT STIRRUPS SHALL 0E GRADE 40, B, ALL BARS SHALL BE FREE OF LOOSE, FLAKY RUST AND SCALE, GREASE OR OTHER MATERIAL WHICH MIGHT AFFECT OR IMPAIR BOND. C. DO NOT WELD, UNLESS SPECIAL APPROVAL IS OBTAINED. D. CONCRETE STRUCTURAL MEMBERS SHALL NOT BE STRIPPED UNTIL THE CONCRETE HAS REACHED ITS DESIGN STRENGTH. E. ALL BENDS ARE TO BE MADE COLD. DRILLED PIERS A. PIER DESIGN IS BASED ON AN ALLOWABLE VALUE OF 15,000 POUNDS PER SQUARE FOOT IN END BEARING AND 1 ,000 POUNDS PER SQUARE FOOT SIDE FRICTION TO BE VERIFIED BY THE CONTRACTOR. B. DRILLED UNDERGROUND FOOTINGS SHALL RE FOUNDED A MINIMUM OF 12 FEET BELOW EXISTING GRADE. A MINIMUM OF 5'-0" PENETRATION INTO THE SEARING STRATA WHICH HAS A MINIMUM SIDE FRICTION CAPACITY 1 ,000 PSF IS REQUIRED. C. THE BOTTOM OF THE PIER HOLES SHALL BE SMOOTH, DRY AND FREE OF ALL LOOSE MATERIAL BEFORE POURING CONCRETE. D. THE CONTRACTOR SHALL VERIFY THE DEPTH OF THE PIER PRIOR TO CUTTING THE PIeR REINFORCING CAGES. PIER STEEL SHALL BE DELIVERED TO THE JOB SITE IN STANDARD 20 FOOT LENGTHS AND CUT AS REQUIRED. THIRTY BAR DIAMETER LAPS WILL BE ALLOWED IN THE PIER STEEL (UNLESS NOTED OTHERWISE IN THE SCHEDULE) IN NO MORE THAN 50 PEFICENT 1It!fAZEQFI OF THE BARS ARE 1,APPED IN ANY 8 FOOT LENGTH OF THE PI i$ CAGE. 1*y�.•••�.,. •�s Y� * . . E. FLIERS SHALL BE REINFORCED AND POURED WITH CONCRETE NC+`��i J RAL 0 W.K LONGER THAN 12 HOURS AFTER DRILLING IS COMPLETED. o 49 6 ;` C?�i�•fiCr �4' t� ��' • ....•'mot„``` �4i'►. QNALEN� F OAM 1313 bf=[L JERALD W. KU EL Sheet CONSULTING ENGINEERS 2 asp o _r but-)-f lF ��l�i A�IJ�j eC' 01.1vng 1170 CORPORATEDRIVE. SUITE210 of Nop"m gY ARLINGTON,TEXAS 76006 7. as r - ° 'I OIL �(� �� METRO{817)640.3811 • FAX(817)649-15A5 kec, j JERALD W. KUNKEL CONSULTING ENGINEERS, INC. 1170 CORPORATE DRIVE, SUITE 210 ARLINGTON, TEXAS 76006 METRO(817)640-3811 • FAX(817)649-1545 June 28, 1,994 Harold Barber 475 Wedgefield Granbury, Texas 76048 Re: Residence @ 1.313 Bell Place Lot 10, Block I Bunting's Addition to Hi-Mont Ft. Worth, Texas JWK Project No. 94277 Dear Mr. Barber: To clarify modified portion of the above referenced project which we previously submitted to you, if constructed in accordance with the attached sketches, the 32 foot long portion of the perimeter grade beam is supported by the existing pier at one end and by a cantilevered grade beam at the mid-section and a cantilevered beam at the opposite end. Once the concrete has attained its design strength, the 32 foot long section of the grade beam will not apply a surcharge load to the soil directly below. We trust this information will be of assistance to you. Regards, g OF +^f.ERALE)W. KUNKEL Jerald W. Kunkel , M.S.C.E. ,P.E. 40961 Jerald W. Kunkel Consulting Engineers, Inc. #Jr%t.4 c," dr JWK/dsr