HomeMy WebLinkAboutContract 30274 CITY SECRETARY
CONSENT AGREEMENT CONTRACT NO . y
(HOMEOWNER)
STATE OF TEXAS §
COUNTY OF TARRANT §
THIS AGREEMENT is made and entered into by and between the City of Fort Worth, a
municipal corporation of Tarrant County, Texas, acting herein by and through its duly authorized City
Manager or duly designated Assistant City Manager, hereinafter referred to as the "City",
and. /IleA/ ¢ lj/i L y0Y e ,
hereinafter referred to as "Grantee".
WITNESSETH:
1.
For and in consideration of the payment by grantee of the application charge set out below and the
true and faithful performance of the mutual covenants herein contained, City hereby grants to Grantee
permission to encroach upon, use and occupy portions of the space under, on and/or above the streets,
alleys, sidewalks xd other public rights-of-way as follows:
Os'
The location and description of said
encroachment is more particularly described in Exhibit"A", attached hereto, incorporated herein and made
a part hereof for all purposes.
2.
All construction, maintenance and operation in connection with such encroachment, use and
occupancy shall be performed in strict compliance with the Charter, Ordinances and Co
in accordance with the directions of the Director of Transportation and Public Works o City rsr ws,*T�,
1
authorized representative. All plans and specifications thereof shall be subject to the prior written approval
of the Director of Transportation and Public Works, or his duly authorized representative, but such
approval shall not relieve Grantee of responsibility and liability for concept, design and computation in
preparation of such plans and specifications.
3.
Upon completion of construction and thereafter, there shall be no encroachments in, under, on or
above the surface area of the streets, alleys, sidewalks and other public rights-of-way involved, except as
described herein and shown on the hereinabove referred to Exhibit"A".
4.
Grantee, at np expense to the City, shall make proper provisions for the relocation and/or
installation of any existing or future utilities affected by such encroachment use and occupancy, including
the securing of approval and consent from the utility companies and the appropriate agencies of the State
and its political subdivisions. In the event that any installation, reinstallation, relocation or repair of any
existing or future utility or improvements owned by, constructed by or on behalf of the public or at public
expense is made more costly by virtue of the construction, maintenance or existence of such encroachment
and use, Grantee shall pay to City an additional amount equal to such additional cost as determined by the
Director of Transportation and Public Works of the City, or his duly authorized representative.
5.
City may enter and utilize the referenced areas at any time for the purpose of installing or
maintaining improvements necessary for the health,safety and welfare of the public or for any other public
purpose. In this regard, City shall bear no responsibility or liability for damage or disruption of
improvements installed by Grantee or its successors, but City will make reasonable efforts to minimize
such damage.
6.
In order to defray all costs of inspection and supervision which City has incurred or might incur as
a result of the construction or maintenance of the encroachments and uses provided for by this agreement,
2
Grantee
agrees to pay to City at the time this agreement is executed an application charge in the sum
of A;,Y-C Xlzl X14/10—4 4 j7-4ry - .Li d E Dollars
14
The initial term of t is agreement shall-be tnuTy tj0) years, commencing on the date this
agreement is executed by the City of Fort Worth.
8.
Upon termination of this agreement for any reason whatsoever, Grantee shall, at the option of City
and at no expense to City, restore the public right-of-way and adjacent supporting structures to a condition
acceptable to the Director of Transportation and Public Works, or his duly authorized representative, and in
accordance with then existing City specifications.
9.
It is further understood and agreed upon between the parties hereto that the City streets, alleys,
sidewalks and other public rights-of-way, including the portions of such streets, alleys, sidewalks and other
public rights-of-way to be used and encroached upon as described herein, are held by City as trustee for the
public; that City exercises such powers over the streets as have been delegated to it by the Constitution of
the State of Texas or by the Legislature; and that City cannot contract away its duty and its legislative
power to control the streets for the use and benefit of the public. It is accordingly agreed that if the
governing body of City, to wit, its City Council, should at any time during the term hereof determine in its
sole discretion to use or cause or permit the said portions of the streets, alleys, sidewalks and other rights-
of-way to be used for any other public purpose, including but not being limited to underground, surface or
overhead communication, drainage, sanitary sewerage, transmission of natural gas or electricity, or any
other public purpose, whether presently contemplated or not, then this agreement shall be automatically
canceled or terminated.
10.
Grantee understands and agrees that the granting of any encroachment hereunder is not meant to
convey to Grantee any right to use or occupy property in which a third party may have an interest, and
Grantee agrees that it will obtain all necessary permission before occupying such property.
3
a
11.
Grantee agrees to comply fully with all applicable federal, state and local laws, statutes,
ordinances, codes or regulations in connection with the construction, operation and maintenance of said
encroachments and uses.
12.
Grantee agrees to pay promptly when due all fees, taxes or rentals provided for by this agreement
or by any federal,state or local statute,law or regulation.
13.
Grantee 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; that
Grantee 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; that the doctrine of
respondeat superior shall not apply as between City and Grantee, its officers, agents, servants, employees,
contractors and subcontractors, and nothing herein shall be construed as creating a partnership or joint
enterprise between City and Grantee.
14.
Grantee covenants and agrees to indemnify, and does hereby indemnify, hold harmless and defend
City, its officers, agents, servants and employees, 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, whether real or asserted, arising out of or in connection with, directly or indirectly, the
construction, maintenance, occupancy, use, existence or location of said encroachment and uses granted
hereunder, whether or not caused, in whole or in part, by alleged negligence of officers, agents, servants,
employees, contractors, subcontractors, licensees or invitees of the City; and Grantee hereby assumes all
liability and responsibility for such claims or suits. Grantee 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 any and all acts or omissions of Grantee, its officers, agents, servants, employees,
contractors,subcontractors, licensees, invitees,or trespassers.
4
15.
Grantee agrees to furnish City with a Certificate of Insurance, naming City as certificate holder, as
proof that it has secured and paid for a policy of public liability insurance covering all public risks related
to the proposed use and occupancy of public property as located and described in Exhibit "A". The
amounts of such insurance shall be not less than the following:
Property damage, per occurrence $100,000
Bodily injury,per person $250,000
Bodily injury or death,per occurrence $500,000
with the understanding of and agreement by Grantee that such insurance amounts shall be revised upward
at City's option and that Grantee shall so revise such amounts immediately following notice to Grantee of
such requirement. Such insurance policy shall provide that it cannot be canceled or amended without at
least ten(10) days prior written notice to the Building Official of the City of Fort Worth. A copy of such
Certificate of Insurance is attached as attached as Exhibit "B". Grantee agrees to submit a similar
Certificate of Insurance annually to City on the anniversary date of the execution of this agreement.
Grantee agrees, binds and obligates itself, its successors and assigns, to maintain and keep in force
such public liability insurance at all times during the term of this agreement and until the removal of all
encroachments and the cleaning and restoration of the city streets. All insurance coverage required herein
shall include coverage of all Grantee's contractors.
16.
Grantee agrees to deposit with the City when this agreement is executed a sufficient sum of money
to be used to pay necessary fees to record this Consent Agreement in its entirety in the deed records of
Tarrant County,Texas. After being recorded, the original shall be returned to the City Secretary of the City
of Fort Worth,Texas
17.
In any action brought by the City for the enforcement of the obligations of Grantee, City shall be
entitled to recover interest and reasonable attorney's fees.
5
18.
Grantee covenants and agrees that it will not assign all or any of its rights, privileges or duties
under this contract without the prior written approval of City Manager or designee. Any attempted
assignment without prior approval will be void.
19.
This agreement shall be binding upon the parties hereto, their successors and assigns.
EXECUTED this ` 1��day of ,20
`�-Q
V
CITY OF FPRT WORH G OR ���...5 GRANTEE
By: By: ?�E AJ ss
Rei Rect .or, As City Manager
C�'a•I c,�
ATTEST: APPR ED AS TO FORM AND LEGALITY
i
j���( City cretary City orney
Contract Author izatiox
Date
6
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE �thqnd(��r5igjaed authority, a Notary Public in and for the State of Texas, on this day
personally appearedk own 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 thisQ ► day of -Sv ,
20jf .
n
Notary Public in and for the
State of Texas
KAREN EOWARDS-FISHER
Notary Pubtic,State of Texas
M Comm+sslon Expv8s
r y May 07 2008
1W
7
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE e undeersi�aujhori a NotaryPublic in and for the State of Texas, on this day
personally appeared I(fir (?3, ,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
,and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this r V4--�ay of
20_L�t
BARBARA J, KIKEL
.; Notary Public in and for the
•''
MY COMMISSION EXPIRE State of Texas
July 19,2006
1 yt;r
8
5UPMY PLAT
4614 Washburn Avenue
Lobs 33 and 34, Block 2
CN DM P,I.IN APIINCAfON H%.05, FIp5f FILING A121911ION
fo tie C4 of fort Worth, Tarrant Courcy, Texas
Accordln to �e play recorded In Volume 0
tlpage 21
'I aA pecord5, farrarrt County-{, rexa5
9 8 I 1 1 6
N 90,00'001 1� 50.00 l6'wkd,-e£y
1/2"IRON PNt7, I< •mr.d w. ./— s.0' I/2 IRON FNn.
0.3' la r
21.9'
32 0 �� �� . °.,'\Jl\ 35
0
,-sN ONS eO'
cv O Z'21 �
5TOp14040OY
OC3C;ICK e. 02 o -C�L OC K 2
O lot/ O
O
470 7
O e ' N
to4loy-
z 17b' 61' .8'wkleO. ' rd wa✓(hp wka�I F Q
5/6"IRON f bE wa9 Et IN WALL
I.
N 90'00'00''W 50,00'
(refereme C� I q g azyzd 11w)
WA5HC UPN AVANT
C
80, p,O,W,) the plat hereon was prepared fran an achjal
04,
I'�`� m,tl�e ygiaM swey of fhe legally dc5a bed
O F pr"W'W 4mri hereat,the lhes aYl dhw6k"
Acecrdhq to t{r U,5.O o!/fvshq ��,• . .,•�` of said property yx as hdlratad by the plat.
a�11 d ee P. \S iEq' >t the slze lowum a d�pe of Wild"aid
r�htstra ee QE t�.:9N oventents ae as sham.all Nnproven�ehbs behq
f�lihl3fiat fa7!'�itJlPa'Ye.fate ......... within t1�e bandages of the property except as
9B939C SUSAN L. STEWART sham,ret back Fran the pprroperty Ihes the
.F edge Date:9-2-95. ..................... dlstaices hdlrated,and ttxa a a-e ro encroadxnents,
1fi/s p- Lr's h Zax X axt do-3 rnt '• 0 5495 p. . proGvskns,a apparent easements,except as 4WNn, �••/� 1 1
Ar w/ h a/�Yea-`�l�azardhM, C'• `Ess\ . this survey Is be►►qq avlded sdely Pa{fie use of the h
xa'e/°- " ' �'�b• ; anent parties a+d ro Incense has been created, A
cypress or woted,tothe slney except as b
nesessay h cx�N,ctkn with thea tranact�on,
�a-����-p/�reczrded �' which shall take place wRhh d<smrnths of the
h l�afene 6J' fere 2/. 'I_,.�orwui%rvy date. ' 3
CoRIr*2004 F&m 5rvgtq,Inc.
a�'O:09X92 h March 1.No. FULTON SURVEYING, INC.
Mac17,200044 115 Sr. LOUIS AVENUE
FORT WORTH 'TE)XAS 76104
404211 FAX (817) 335-3629
rs 35,34/2
PHOTOGRAPHS OF WALL WASHBURN AVE.
` ` :.�•�•'<� gam` ,Yd
FRONT VIEW OF HOUSE AND 4' WALL WHICH, ACCORDING TO THE ATTACHED
SURVEY, EXTENDS 37ONTO CITY R.O.W.
VIEW
btu
� M+
i
OF LOOKING ALONG WASHBURN AVE.
PHOTOGRAPHS OF WALL AT 4614 WASHBURN AVE.
VIEW OF HOUSE AND 4' WALL LOOKING EAST ALONG WASHBURN AVE.
(WALL CONSTRUCTED SEVERAL YEARS PRIOR TO OUR PURCHASE 4/04)
At
- -Y�
a
i.
- rx
i
h +.
VIEW OF 4' WALL LOOKING WEST ALONG WASHBURN AVE.
(ALSO VIEW OF OTHER FRONT YARD WALLS FURTHER TO THE WEST) 3
FRUM : DALE MARES INSURANCE PHONE NO. : e174440483 May. 19 2004 Oe:32AM P2
DECLARATIONS PAGE
POLICY NO. 936728708 - — ❑ NEW POLICY
ISSUED DATE—_..
TEXAS HOMEOWNERS POLICY e FORM-APLUS
d Allstate Insurance Company U Allstate Texas Lloyds Tier d Allstate Indemnity Company
8701 N FREEPORT PKY IRVING TEXAS 75063-1908
NAMED INSURED/MAILING ADDRESS: RESIDENCE PREMISES/DWELLING:
BEN DYES$ JR
GAIL DYESS
4614 WASHBURN AVE
FORT WORTH, TEXAS 76107 LOT BLOCK ADDITION
POLICY PERIOD CONSTRUCTION: KEY RATE.
EFFECTIVE DATE: 03-24-2004
EXPIRATION DATE: 03-24-2005
AT 12:01 A.M. STANDARD TIME AT THE:LOCATION FEET FROM CITY LIMIT:
OF THE RESIDENCE PREMISES/DWELLING HYDRANT., INSIDE/OUTSIDE
COVERAGES LIMITS OF ANNUAL
_LIABILITY PREMIUMS
SECTION I PROPERTY
COVERAGE A. DWELLING $252,000 $
OTHER STRUCTURES. $ 25,000 $
COVERAGE S. PERSONAL PROPERTY $ 151,000
PERSONAL PROPERTY OFF PREMISES $
SECTION II LIABILITY
COVERAGE C. PERSONAL LIABILITY-(EACH OCCURRENCE) $500,
000
COVERAGE D. MEDICAL PAYMENTS TO OTHERS (EACH PERSON) $ 5,000 ii .<..; •_:... '.,..<;',=
OTHER RESIDENTIAL PREMISES- LOCATION: SAME AS
COVERAGES C&D ,..! .
LOSS OF USE COVERAGE _ - $
BASIC PREMIUMiy'fffir�11t yt W
VWIINCREASED LIABILITY LIMITS _ .;t;.,, .,.,.•�.;;,. �,.,..: _
OTHER COVERAGES AND ENDOFRSEMENTS y -
Endorsement number and title $ $
$ $
$ $
$
j DEDUCTIBLE AMOUNT OF DEDUCTIBLE
ADJUSTMENT
_ (SECTION I ONLY) DEDUCTIBLE PREMIUM
j Deductible Clause i - $ 1%
Deductible Clause 2 $ 1% $
Deductible Clause 3 _$ $
TOTAL POLICY PREMIUM `'°tv= = , ` : :` $ 1,427.86
Mortgag®Claus®: Under Section I, Payment for loss to real property shall be made to the Insured and
MORTGAGEE NAME: IRAN PA2MEu g9gzQo.c -,__-
PARAMOUNT MORTGAGE
ADDRESS: .___.........,.
FORT WORTH, TEXAS 76107
CITY:__._...,._._....,........._..._�...._.._ '.,,..,,_._____..-.,.�._.-.__,_-_,_..-....,_ _...
as Mortgagee or Trustee, as their interest may appear at time of loss, subject to the Mortgage Clause heroin.
OTHER COVERAGES, LIMITS AND EXCLUSIONS APPLY--REFER TO YOUR POLICY
AGENCY AT--AJa BOYD Cr- - A2:t.F�O TEXAS DATE MARES AGENT
AU238-a 817-444-1491
�. .v_._ PHONE
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 7/6/2004
DATE: Tuesday, July 06, 2004
LOG NAME: 064614 WASHBUR REFERENCE NO.: **C-20136
SUBJECT:
Consent Agreement with Ben and Gail Dyess Authorizing Use of the Right-of-Way for A Brick Wall
(Fence) at 4614 Washburn Ave
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to enter into a consent agreement with
Ben and Gail Dyess authorizing use of the right-of-way to allow continuance of a brick wall (fence) at 4614
Washburn Avenue.
DISCUSSION:
Ben and Gail Dyess, owners of the property at 4614 Washburn Avenue, are requesting the continued use of
the right-of-way for a brick wall in the front yard. The wall was in its current location when the current
owners purchased the property in April 2004. The owners have been advised to execute a consent
agreement with the City authorizing continued use of the right-of-way.
The Encroachment Committee has reviewed this request and recommends approval.
The encroachment is in COUNCIL DISTRICT 7.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this action will have no material effect on City funds.
TO Fund/Account/Centers FROM Fund/Account/Centers
Submitted for City Manager's Office b)t Reid Rector (6140)
Originating Department Head: Bob Riley (8901)
Additional Information Contact: Bob Riley (8901)
Logname: 064614 WASHBUR Page 1 of 1