HomeMy WebLinkAboutContract 48126 CITY SECRETARY
CONTRACT No.
AA
EASEMENT ENCROACHMENT LICENSE AGREEMENT
Residential
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 City Manager or duly designated Assistant City
Manager ("City"), and Glenn C. Tresider, hereinafter referred to as "Licensee", owner of
the property located at 4728 Meadowbrook Drive Fort Worth Texas 76103 ("Property'g.
RECITALS
WHEREAS, Licensee is the owner of certain real property described as Van
Horn Erisman Subdivision, an addition to the City of Fort Worth, Tarrant County, Texas
as recorded in County Clerks Document No.—NIA or Volume and Page No.—Deed Page
0002339, Volume 0009177 of the Real Property records of Tarrant County ("Property");
and
WHEREAS, the City has a(n)10'foot wide utility"Easement")in the property as
shown on the map attached to this Agreement as Exhibit "A" and incorporated herein;
and
WHEREAS, Licensee desires to construct/place and maintain a storage building/
carport which will be for personal use (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, to be kept and performed by the
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 A for the
purpose of a storage building/carport (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
2014 Easement Encroachment Agreement-Residential OFFICIAL RECORD Page 1 of 10
CITY SECRETARY
FT. WORTH, TX
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
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.
2014 Easement Encroachment Agreement-Residential Page 2 of 10
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,
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
2014 Easement Encroachment Agreement-Residential Page 3 of 10
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
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, 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:
$300,000
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 "B". Licensee agrees to submit
a similar Certificate of Insurance annually to City on the anniversary date of the execution
of this Agreement.
2014 Easement Encroachment Agreement-Residential Page 4 of 10
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 easements.
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.
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.
2014 Easement Encroachment Agreement-Residential Page 5 of 10
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
parry 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.
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, 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.
2014 Easement Encroachment Agreement-Residential Page 6 of 10
This agreement shall be binding upon the parties hereto, their successors and
assigns.
EXECUTED thi� day of _ ,201l%!
City Licensee:
City Fd11.e o Glenn C. Tresidder
By. B 17.Q C.
BY: _
ood, Dir for Name: �74,5� e, je-69�006�&Devetopm t Title:
By:
Name:
Title:
ATTEST: 0 ���,, Approved As To Form and Legality
b
o�o
8�-ftj
City S ��A Assistant ity Attorney
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.
OFFICIAL RECORD
CITY SECRETARY
2014 Easement Encroachment Agreement-Residential P1', WORTH, TX Page 7 of 10
U HAND AND SEAL OF OFFICE this da Y of
20_4 .
CASSANDRA F. FOREMAN
••ns Notary Public,State of Texas
My Commission Expires
April 26, 2011
Notary Public in and for the State of Texas
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
2014 Easement Encroachment Agreement-Residential Page 8 of 10
STATE OF TEXAS §
COUNTY OF TARR.ANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared Glenn C. Tresidder, 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 Glenn C.Tresidder,and in the capacity therein stated.
IV N UNDER MY HAND AND SEAL OF OFFICE y a thi
20�
CASSANDRA F. FOREMAN
Notary Public,State at Texas
iq= My Commission Expires
April 26, 2017
""°""° Notary Public in and for the
State of Texas
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
2014 Easement Encroachment Agreement-Residential Page 9 of 10
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a No blic in and for the State of
Texas, on this day personally appeared Glenn C residder, known to me to be the
person whose name is subscribed to the for ing instrument, and acknowledged to me
that he/she executed the same for the ses and consideration therein expressed, as the
act and deed of Glenn C.Tresi er,and in the capacity therein stated.
GIVEN UN MY HAND AND SEAL OF OFFICE this day of
20
Notary Public in and for the
State of Texas
2014 Easement Encroachment Agreement-Residential Page 10 of 10
OOg
j 1 ' ' to VVVV1 +i ;
'` It '� '} ; \ �a.. . +. ; A •ice• •O WL
C.
too
ST4Tff OF 11W f
Much►AIL va hhr"M PER=": i
caourr dr Tauanxr i
c. via* -A4ea., S212kAWA
!
O� •Of Tarrant i, Scums, bela6 an orsrw of.
the od ibed , ,
aer beat of land or pssasl 0f load Sa 93ernaat Owut,F
I; Taxes, described as falloae8 LotrA, S, 6, Mack.�,,.hhhide.00d Places Qo harahy
+ adopt the hereon map as ommolly reproveatios our plan of division of ear, be
i be Joum an Tan Horn-Briasan lseision of Labs 4, S, 6 k 4, hhd=swcod Place. I
1
j. s •� jf STAT4 nr Mks a
rlII•"OF TAMUNT
i
' ' I Hefare , the urdersiamd authority, on dad personally appeared
! r
i j i h _ Imoeq to as to be tlu.•porson whom nss is rib-
a the roreCoUS Instrument, and admmdsddsd to an that be ameated the
sees ibr the purpose and considerstion.thareln described.
ST4T3 OF TVAS
(! wn"OrTWNT
ffirfors me, the undsrei`rd aOthwAy, on tt"day psroundly nibared
.... Imorra to sr to be fh• pisson whose uses is.aob-
ar to orsgo , sad aekesdsdsed bo as that he eamted the
'♦ ��{ �' saes fa• tha pnrpom am aonafderaticn tMreia da�srlbed,
STAIR OF Ma
+
COM f Or TAMTr
{ Detor m, the uodar atWwLyr, on th"Aar personally appeared
s
kwm to es to•be the person cedes nave is set-
s the forsiga , and acknowledged thorsia is be�Irt b•easoatsd
s for the pstepoas sad ooriderationi therein described.
Given Wader 4 hood and esal of among We
,•�f �.�,� I•i_ ®.„,�' ,: , is �.. •.
`�•�I` fr. � ` I
vftM4 In Mul for Taffrt Cb
fie
LEGEND OF/IDOEYMTOM AND SY9INM
AC .Air GondiMw+er O .as meow SAW .sdomis r .o.wdrea erode s.ralm Low
&D.S..Bo4 D'ArC Strw LPF. .toe Pip Foa.d Tl. .Tare PotlWt .Oa red Were DMntaee Lm
EILOU.6lrccoaw am a LAP. .iron Pad Found T.Y.P..Cable TM Podow �NLT.— .O.rrhata Talmo wed,Law
FRrrtw.are Fa ftdomen LR.S —fro.Rod 90 U.&.
. : . 0-000 0 Tolomm" dit LM
&A&q Lie LS .UgM Sanard
DE. .Dealings Ease rartt P. .Ptfudr • .mar PoM
Driveway
C . a hMr P-OA .Penn d W.M..Was Motor Gwen
El. .6e�rcer Poaeor "N... of —�--�`- •alma Fenn ®�Ca.e"Perm.vr"ET• .!J 'T ronskmam Shod .61t.wLUw S Ml No m.Che Far.ot
TT�GtsavAruk Fndoa fnYro or Osok
E.O.F..(a.d of FeAm Pat man Fema dmien Wks&Anchor
F.P. .Form Poo
MlEADOWIAWK DIUVE
i.o•Iwo.
ut• 3101•LPN.
ado•t
Z :' r• "•i �
a�
b
•. ® gYC JiRrl `
RiStOiYIf
c
>ID ini.i• Oi
Sabjeu iRDDertY is hxaticd in
ZONE C,
4'
LOT and IS Np'r IMMftd Within a
t t " SPecia!Flood Huard Area
v pj^ Inundated y OD-
IYear Foot!
.Y .•
0r MOOD to
f` FLOOD ENSURANCE RATE MAP
CObUWU%T"PANEL NUMBER
4905%0095.0
Errcetiwe Dal¢ Movember IS.19U
-1 MD6
EA
D.M.E.D.DAT
Jn
sur
P
car r k
Borrow**: TRESIDDER
mT
Address 4729 MEADOWRROOK
d
DRIVE G/F Nu.: 752765
SURVEYORS CERTIFICATION LEGAL DESCAIPTWN
L.Enloe D.MCQuiNr.s Registered Public Suvayor,do hereby certify that the nW stow" LOT A. OF VAN -HORN • ERLSMAN
rues.;(t)emaahty represru4 the pwfparttr m dowmeW by en v4h"Mund survey meat wmer my dWoCtko OF PART OF BLOCK on serer,L•r� ,.and(a)corroety shows the boundary fine REYLSIOlt 4,
and dimMaiom m&ngd hereon.M)oorrecty shows the kxatan of e9 vautift bwWingl.structures and other EDGEWOOD PLACE ADDITION, TO THE CITY
in•provw wrde on Mee ambod wooerty.anal(c)comity shoos the easements atharg the subject prop" OF FORT WORTH. TARRANT COUNTY,
according to the tapal deserWm of such easements(wuh in6Y.umert.volume end pegs nuu.wr aatoana): TEXAS, ACCORDING TO THE PLAT
M intI as Newri,Owe an no vnsbta W sawnams-r@~,way,parry wart or conflim.(bi Noiruvons
on adjoining prsnr,, a"by any of sea buila.nps.structures or oche .mprovements and(c)m- RECORDED IN VOLUME 1969, PAGE 1.21,
Lrusans o.to by u.Wdo%W structures,ono nmprowomanis way unwed m the GEED RECORDS,TARRANT COUNTY,TEXAS
adplmng p.MNNa' trop"abuts a"ic runaway �i f.�
. McGulnnam, Reed St Aswelat•a, Mc.
.A% ....... se,. t e.. P Ih%%MWW r
Tort PA*ietrabon No.1986
br 4.20-m ft*W- IIIIw nersr r. 8a0t.o9aD
Amoom a Plus esusuYer:tqa Llwea.a Oi.a.Smile,L Waft Twwe 70064.Maine,11471018.0—Pas 017404"ft
LEAGAL DESCRIPTION:
LOVA. VAN HORWERISMAN REVISION OF PART OF BLOCK
FOUR (4) EDGEWOOD PLACE ADDITION TO THE CITY OF FORT WORTH,
TARRANT COUNTY,TEXAS, ACCORDING TO THE PLAT RECORDED IN VOLUME
1989, PAGE 621, DEED RECORDS OF TARRANT COUNTY, TEXAS WHICH HAS
THE ADDRESS OF 4728 MEADOWBROOK DRIVE FORT WORTH TEXAS 76103
AC Rd EVIDENCE OF PROPERTY INSURANCE
07171/2016
THIS EVIDENCE OF PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE
ADDITIONAL INTEREST NAMED BELOW.THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE
COVERAGE AFFORDED BY THE POLICIES BELOW.THIS EVIDENCE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE
ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE ADDITIONAL INTEREST.
A0ENCY fahOrlE . a17�68-3033 tower ..
_ RAW• 43419
AL CLARK CLU CHFC
2452 INTERSTATE 20 W STATE FARM LLOYDS
ARLINGTON, TX 76017-1670 A LLOYDS COMPANY IN DALLAS. TEXAS
P O BOX 799100
�Ax
81746&2700 DALLAS. TX 75379 s .
cool?• 78621ODFA36 suscooe_
-MxrQmokv_0
AEjBICY .. ..
NOURED LOOM MUMaER POLICY MuMaER
TRESIDDER GLENN C 56•C24J469-4
4728 MEADOWBROOK DRIVE EFFECr1VEOAtt 'E>O�RTilOrrolli[
FORT WORTH TX 76103-3437 0711112016 0711 Li017 1 aEtloM
IM nEPLAC Ea PIepR FlnOEiK E QATEO.
PROPERTY INFORMATION
L0CJLr10W*8CftV"ft
4728 MEADOWBROOK DRIVE
FORT WORTH. TX 76103-31937
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT.TERM OR CONDTI.'N+1 OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
EVIDENCE OF PROPERTY INSURANCE MAY BE ISSUED OR WAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIE=S DESCRIBED HEREIN IS
SUBJECT TO ALL THE TERMS EXCLUSK)NS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
COVERAGE WFOfWAATION PERILS INSURED eASIC BROAD SPECIAL
__ COVBtAQEJrEII61PORri AMDOKTOFMBURAMCfl 0E0w
DWELLING(COVERAGE A) �s 160.000.00 — f -
INCREASED DWELLING-OPTION ID 32.000,00
• DWELLING EXTENSION 16.000.00
PERSONAL PROPERTY(COVERAGE 8) 120.000 00
PERSONAL LIABILITY(COVERAGE L) 300.000 00
MEDICAL PAYMENTS(COVERAGE M) 5.0D0.00
WIND!HAIL DEDUCTIBLE 1% � $1,60000
POLICY DEDUCTIBLE 1% $1,60000
REMARKS(IncludsrQ Spacial Condibons)
i
CANCM.IAT M '
SIIOIILD AMY OF THE ABOVE DESCRY POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE%%LL BE
DELNEM W ACCORDANCE 07"THE POLICY PROVISIONS,
ADDITIONAL.INTEREST
X"E AMO AINAM X ADOmO NIa 24SJRED LEId*k8 LOSS A%yM LE 1089 PAYEE
CITY OF FORT WORTH AIO�TC;AGfE __
LC1AN i
DEPARTMENT OF DEVELOPMENT ATTN:D.SCHROEDER,PLANNER
1000 THROCKMORTON ST — --
FORT WORTH. TX 76102-6312 Aun+ Arne
ACORD 27(2016$03) ®1993-2015 ACORD COR ION.All r)"meerved.
TM ACORD name and logo are registered marks of ACORD
1004383 64298E 2 01-21°2016