HomeMy WebLinkAboutContract 47892 ~' l� s
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CONTRACT "O+
'W 17 2016 EASEMENT ENCROACHMENT LICENSE AGREEMENT
MYOFFORTU ," Commercial
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 Planning and Development Director, and FW
Rivercrest Bend, LLC, hereinafter- referred to as "Licensee", owner of the property
located at Athenia Drive and Scott Road, Fort Worth, Texas. ("Property").
RECITALS
WHEREAS, Licensee is the owner of certain real property described as BEING
A 0.065 ACRE GAZEBO ENCROACHMENT AREA LOCATED IN THE NATHEN
H. CARROLL SURVEY, ABSTRACT No. 264, TARRANT COUNTY, TEXAS AND
BEING A PART OF THAT FINAL PLAT OF LOTS 1-13, 1X, 2X, 3X, 13X, BLOCK
100; LOTS 1-27, 1X, 2X, 21X, 27X, BLOCK 101; LOTS 1-27, 1X, 22X, BLOCK 102 AS
RECORDED UNDER COUNTY CLERK'S FILE No. D215277282 OF THE
RIVERCREST ADDITION TO THE CITY OF FT. WORTH AS RECORDED AS
BEING A REPLAT OF BLOCKS 100-102, RIVERCREST ADDITION, VOLUME 310,
PG. 91, PLAT RECORDS, TARRANT COUNTY, TX an addition to the City of Fort
Worth, Tarrant County, Texas. (See Exhibit A); and
WHEREAS, the City has a 60 foot wide sanitary sewer easement, Vol 2649,
PG.375, D.R.T.C.T. that is ultimately going to be vacated, (the "Easement") in the
property as shown on the map attached to this Agreement as Exhibit "B" and
incorporated herein; and
WHEREAS, Licensee desires to construct/place and maintain a wooden
pavilion which will be overlooking the Trinity River (the "Encroachment") and 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 allow 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, ed by the
2014 Easement Encroachment Agreement-Commercial OFFICIAL RECORDPage I of 9
CITY SECRETARY
FT.WORTH,TX
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 B for the
purpose of constructing a wooden pavilion for residents to overlook the Trinity River
(the "Encroachment"). Upon completion of the Encroachment, Licensee agrees to be
responsible for maintaining any and all structures and buildings within and above the
Easement. 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.
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 Transportation and Public Works Department or 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 applicable
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 the Encroachment installed by Licensee, but
City will make reasonable efforts to minimize such damage. In the event that any
2014 Easement Encroachment Agreement-Commercial Page 2 of 9
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 the
Encroachment and use, Licensee shall pay to City an additional amount equal to such
additional cost as reasonably determined by the Director of Transportation and Public
Works or the Director of the Water Department of the City, or his duly authorized
representative.
4.
In order to defray all costs of inspection and supervision which City has incurred
or will incur as a result of the construction, maintenance, inspection or management of
the encroachments and uses provided for by this Agreement, Licensee agrees to pay to
City at the time this Agreement is requested an application fee in the sum of Three
Hundred and Twenty Five Dollars ($325.00).
5.
The term of this Agreement shall be for thirty (30) years, commencing on the date
this Agreement is executed by the City of Fort Worth. Provided however, this Agreement
shall terminate upon the non-compliance of any of the terms of this Agreement by the
Licensee. City shall notify Licensee of the non-compliance and if not cured within thirty
days this Agreement shall be deemed terminated.
6.
It is further understood and agreed upon between the parties hereto that the
easements 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 easement 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 easement for the use and
benefit of the public. It is accordingly agreed that if the governing body of City may at
any time during the term hereof determine in its sole discretion to use or cause or permit
the right of way to be used for any other public purpose, that does not preclude the use of
the Encroachment on the Property for a office building or activities related thereto,
2014 Easement Encroachment Agreement-Commercial Page 3 of 9
including but not being limited to underground, surface of overhead communication,
drainage, sanitary sewerage, transmission of natural or electricity, or any other public
purpose, whether presently contemplated or not, that the parties agree to negotiate in good
faith in order to accommodate the Encroachment and the public purpose.
7.
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
LITiiEWISE 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.
8.
While this Agreement is in effect, Licensee 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:
$1,000,000 Commercial General Liability
2014 Easement Encroachment Agreement-Commercial Page 4 of 9
with the understanding of and agreement by Licensee that such insurance amounts shall
be revised upward at City's option and that Licensee 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 "C". Licensee agrees to submit
a similar Certificate of Insurance annually to City on the anniversary date of the execution
of this Agreement.
Licensee 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
Licensees' contractors.
9.
Licensee 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 Encroachment on
Easement 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.
10.
Licensee 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 Encroachment and uses.
11.
Licensee 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.
2014 Easement Encroachment Agreement-Commercial Page 5 of 9
12.
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
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.
13.
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 is not a conveyance of any right, title or interest in or to the
Easement nor is it meant to convey any right to use or occupy property in which a third
party may have an interest. Licensee agrees that it will obtain all necessary permission
before occupying such property.
14.
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.
15.
The parties agree that the duties and obligation contained paragraphs 3 and 4 shall
survive the termination of this Agreement.
2014 Easement Encroachment Agreement-Commercial Page 6 of 9
16.
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 Planning and
Development Director, and any attempted assignment without such written approval
should be void.
17.
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.
18.
This agreement shall be binding upon the parties hereto, their successors and
assigns.
EXECUTED thodIry o01 )j��
12
City Licensee:
City of Fort Wor FW Rivercrest Bend, LLC
By: By:
Randle Ha ood, Director Name: Michael Dike
�—�—Planning and Development Title: Manager
NO M&C REQUIRED
ATTEST: Approved As To Form and Legality
®� ®�°°°�
s
ity Se ary $ 4 Assistant Cit Attorney
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X1 OFFICIAL RECORD
2014 Easement Encroachment Agreeff8&---commercial CITY SECRETARY Page 7 of 9
FT. WORTH, TX
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 Randle Harwood, 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 Y HAND AND SEAL OF OFFICE this day of
20
,I aY p� CASSANDRA F. FOREMAN
Notary Public,Stare of Texos
1 *�s My Commission Expires
h,?o�;°,,•
April 26, 2017 otary Public in and for the ate of Texas
2014 Easement Encroachment Agreement-Commercial Page 8 of 9
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 Michael Dike, Manager 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 FW Rivercrest Bend, LLC, and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
(-% 201 (0 .
% 0 JANE ERWIN BOULWARE
.`��•`Y•PC,
:Lns Notary Public. State of Texas
Vim' .r comm.Expires 10-17-2019 tary Public in and for the
�'�•a......." Notary ID 128771818
State of Texas
2014 Easement Encroachment Agreement-Commercial Page 9 of 9
EXHIBIT ",4"
GAZEBO ENCROACHMENT AREA
FIELD NOTES
BEING A 0.065 ACRE GAZEBO ENCROACHMENT AREA LOCATED IN THE NATHEN H. CARROLL
SURVEY, ABSTRACT No. 264, TARRANT COUNTY, TEXAS AND BEING A PART OF THAT FINAL PLAT
FINAL PLAT OF LOTS 1-13, 1X, 2X, 3X, 13X, BLOCK 100; LOTS 1-27, 1X, 2X, 21X, 27X, BLOCK 101;
LOTS 1-27, 1X, 22X, BLOCK 102 AS RECORDED UNDER COUNTY CLERK'S FILE No. D215277282 OF
THE RIVERCREST ADDITION TO THE CITY OF FT. WORTH AS RECORDED AS BEING A REPLAT OF
BLOCKS 100-102, RIVERCREST ADDITION, VOLUME 310, PG. 91, PLAT RECORDS, TARRANT
COUNTY, TX AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS
DESCRIPTION AS FOLLOWS:
COMMENCING AT A 1/2" IRON ROD FOUND WITH A YELLOW CAP, SAID IRON ROD BEING IN
THE EAST LINE OF REPLAT OF SAID RIVERCREST ADDITION;
THENCE S 26'08'09" E A DISTANCE OF 13.03 FEET TO A %" IRON ROD FOUND WITH A YELLOW
CAP, SAID IRON ROD BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED GAZEBO
ENCROACHMENT AREA;
THENCE N 9000'00" E A DISTANCE OF 84.48 FEET TO A POINT;
THENCE S 0000'00" E A DISTANCE OF 37.58 FEET TO A POINT;
THENCE N 90000'00" W A DISTANCE OF 66.03 FEET TO A POINT;
THENCE N 26'08'09" W A DISTANCE OF 41.86 FEET TO THE POINT OF BEGINNING AND
CONTAINING 0.065 ACRES OF LAND, MORE OR LESS.
OF TF
P
CHRISTOPHER L BRADLEY
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RIVERCREST ADDITION 27 2e 25 I 24 23
COUNTY CLERK'S FILE No.0-215277282 , \ 1 26 z
AN ADDITION TO CITY OF FORT WORTH, \ * 25 3 3
TARRANT COUNTY,TEXAS �\ \ (lot 24 5
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SEE DETAILFOR �_� -
AREA _ ' — — 5
POINT OF
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COMMENCING DETAILAREA �. c or 1B 1U a 1101
'/2"IRON ROD W/ N.T.S. 20 17 t
YELLOW CAP r l
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POINT OF
BEGINNING \1 L4 I Y 17 10
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T,C.wC.61.0.No.1
NATHAN X CARROLL SURVEY V�OA.T..C.T.PG.21H 1S
ABSTRACT No 264 _ 14 13 12 11 I
1101
ti
GAZEBO ENCROACHMENT AREA I —
S.Y.SS.'1'3
FIELD NOTES T 4WG 61.0- 1
VOL.,W6. 61
BEING A0.065 ACRE GA7F60 ENCROACHMENT AREA LOCATED IN THE IYTNEN X.CARRpL D.fl.T.C.T,66.T. - � — t♦6. � I
SURVEY,ABSTRACT No,264,TARRANT COUNTY,TEXAS AND BEING A PART OF THAT FINK PUT _
FBIK PUT OF LOTS 1.13,1X IX 3x,13X BIDCK SOD;LOTS 1.27,iX ZX 21X,2714 BLOCK 101;
LOTS 1-27,1X,22X KOOK 103 AS RECORDED UNDER COUNTY CLERKS ALE No.0215277162 OF ` TC.WC.61.0,No.,
THE RIVERCREST ADDITION TO THE CITY OF FT.WORTH AS RECORDED AS BEING A REPLAT OF VOL.Oxf,P0.170
BLOCKS 100-102,RIVERCREST ADDITION,VOLUME 310,PG.91,PUT RECORDS,TARRANT D.R.T.0 T,
COUNTY,TX AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS DESCRIPTION
AS FOLLOWS: LINE TABLE
COMMENCING AT A 11r IRON ROD FOUND WITH A YELLOW W,SAID ETON ROD BEING W THE GAZEBO
EAST LINE DF REFIATOF SAID RN"DM ADmnDN; ENCROACHMENT AREA
THENCE S 2610WW E A DISTANCE OF 2503 FEET TO A)V IflON RDD FOULED VAN A YELLOW LINE(IBEARING TDISTANCE
CAP,SAID IRON ROD BEING THE POINT OF BEGINNING OF THE NOON DESCRIBED GAZEBO —i--—N
UKADA04MENTAMA L7 S2e'08179'.E 113.03'
l2 �N 90`00'00'E t1.1 '
HErEEN90WWEADISTANCEOFM.,6FEETTOAPDIM,' 'L3 S00'00:E ;37.58'
TIENCESODVDOD'EADISTANCEOF37.56FERTOAPOINT; L4 �N 99TOWW 41.03' EXHIBIT "B"
'L5 N 28°06W W 817
THENCE N IKI WO)'WA DISTANCE OF 6603 FEET TO A POLAR;
THENCE N 26'O6BY W A DISTANCE OF 41M FEET TO THE POINT OF BEGINNING AND
CONTAINING 0065 ACRES OF LAUD,MORE OR LESS,
EXHIBIT SHOWING GAZEBO
ENCROACHMENT AREA
I hereby state that this survey was made on the ground of the property legally described hereon, LOCATED I N THE
and is to the best of my knowledge correct,and that there are no discrepancies,conflicts,shortages in area,
boundary line conflicts,encroachments,overlapping of improvements,easements THE
or rig of way,except as shown hereon.Surveyed April 2016. OF
' ,����i�i STE�F+ NATHAN H. CARROLL
CHRISTOPHER KINNY BRADLEY RPLS!5251 :'` * � '. U) SURVEY A-264
.........................I.................i......
REFERENCE DATUM CHRISTOPHER KINNY BRADLEY
............................... ..
1.Besrirgs,Distances and Coordinates shown hereon are referenoed to the Texas '•,0� 5251
Coordinate System of 1983,North Central Zane Grid and based on the North American Datum of 1983. 7 v
ss.....'',O
SURv�
FORT WORTH SURVEYING
107 E.COLLEGE AVE
ALVARADO TEXAS,76009
817-790-5900 FIRM NO.100784.00 JOB# 2013119 DATE: 04-07-16 DRAWN: CGH CHECKED: CKB