HomeMy WebLinkAboutContract 49916 CITY SECRETARY
CONTRACT NO._�99 b
EASEMENT ENCROACHMENT LICENSE AGREEMENT
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 City Manager, its duly designated Assistant City
Manager or Planning and Development Director,and Carleton-Trinity Bluffs,Ltd.,a Texas
limited partnership, co-owner, and Bluff View Ventures, LLC, a Texas limited liability
company, co-owner, of the real property located at 633 Samuels Avenue, Fort Worth, TX
76102 ("Property").
RECITALS
WHEREAS, Licensee is the owner of certain real property situated in the City of
Fort Worth, Tarrant County, Texas,more particularly described in the attached Legal
Description of the Property; and
WHEREAS,the City has a Sanitary Sewer easement(the"Easement")in the Property as
shown on the map attached to this Agreement as Exhibit"A" and incorporated herein for
all purposes; and
WHEREAS, Licensee desires to construct/place and maintain certain
improvements which will encroach onto the Easement; and
WHEREAS, City will allow the encroachment under the terms and conditions as
set forth in this Agreement to accommodate the needs of the Licensee.
NOW, THEREFORE, the City and Licensee agree as follows:
AGREEMENT
1.
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 Licensee,
hereby grants permission to Licensee to encroach upon and occupy a portion of the City's
Easement for the purpose of construction Storm Sewer(the"Encroachment")as described
in and at the location shown on Exhibit "A" but only to the extent shown thereon. Upon
completion of the Encroachment, Licensee agrees to be responsible for maintaining the
Encroachment within and above the Easement. Licensee shall not expand or otherwise
cause the Encroachment to further infringe in or on City's Easement beyond whacks
specifically described in the Exhibit(s)attached hereto. Q
OFFICIAL RECORD
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CITY SECRETARY
1�eb,12/200,
FT.WORTH,TX ` f
2.
All construction, maintenance and operation in connection with such
Encroachment, use and occupancy shall be performed in strict compliance with this
Agreement and the City's Charter, Ordinances and Codes and in accordance with the
directions of the Director of the Transportation and Public Works or the Director of the
City's Water Department, or his or her duly authorized representative. Licensee shall
submit all plans and specifications to the applicable Director or his or her duly authorized
representative prior to the construction of the Encroachment. Licensee shall not commence
construction of the Encroachment until receiving written approval by the Director,but such
approval shall not relieve Licensee of responsibility and liability for concept, design and
computation in the preparation of such plans and specifications.
3.
Upon prior written notice to Licensee, except in the case of an emergency, 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 or 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, or said Director's duly authorized representative.
4.
Licensee agrees to pay to City at the time this Agreement is requested an application
fee of$325.00 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.
5.
The term of this Agreement shall be for 30 years, commencing on the date this
Agreement is executed by City. However,this Agreement shall terminate upon Licensee's
non-compliance with any of the terms of this Agreement. City shall notify Licensee in
writing of the non-compliance, and if not cured within 30 days, this Agreement shall be
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deemed terminated, unless such non-compliance is not susceptible to cure within 30 days,
in which case this Agreement shall be deemed terminated in the event that Licensee fails
to commence and take such steps as are necessary to remedy the non-compliance with 30
days after written notice specifying the same, or having so commenced, thereafter fails to
proceed diligently and with continuity to remedy same.
6.
It is further understood and agreed between the parties hereto that the Easement to
be used and encroached upon as described herein, is 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 Texas 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
Easement to be used for any other public purpose, that does not preclude the use of the
Encroachment on the Property, 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, 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 THE ENCROACHMENT
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.
2015 Easement Encroachment Agreement-Commercial Page 3 of I I
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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
$1,000,000 Commercial General Liability
with the understanding and agreement by Licensee that such insurance amounts may be
revised upward at City's option and that Licensee shall so revise such amounts immediately
following notice to Licensee of such requirement. Such insurance policy shall not be
canceled or amended without at least 30 days prior written notice to the Building Official
of the City of Fort Worth. A copy of such Certificate of Insurance is attached as Exhibit
"B" and incorporated herein for all purposes. 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 the Encroachment and the cleaning and restoration of the Easement.
All insurance coverage required herein shall include coverage of all Licensees' contractors
and subcontractors.
9.
Licensee agrees to deposit with City when this Agreement is executed a sufficient sum of
money to be used to pay necessary fees to record this Agreement in the Real Property
Records of Tarrant County, Texas. After being recorded, the original shall be returned to
the City Secretary of the City of Fort Worth.
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 the Encroachment and uses.
11.
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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.
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
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 permissions 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 Sections 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 Agreement without the written approval of City, and any
attempted assignment without such written approval shall be void. In the event Licensee
conveys the Property, Licensee may assign all of its rights and obligations under this
Agreement to the new owner of the Property, and Licensee shall be deemed released from
its duties and obligations hereunder upon City's approval in writing of such assignment,
which approval shall not be unreasonably conditioned or withheld. Foreclosure by a
secured lender of Licensee or assignment to a secured lender by Licensee in the event of
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default or otherwise shall not require City approval provided that said lender notifies City
in writing within 60 days of such foreclosure or assignment and assumes all of Licensees'
rights and obligations hereunder. However, no change of ownership due to foreclosure or
assignment to any secured lender of Licensee shall be effective as to City unless and until
written notice of such foreclosure or assignment is provided to City.
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.
SIGNATURES APPEAR ON FOLLOWING PAGE]
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THIS AGREEMENT may be executed in multiple counterparts, each of which
shall be considered an original,but all of which shall constitute one instrument.
City Co-Owner:
CITY OF FORT NN'47-I I Carleton-Trinity luffs, Ltd.
By: _. By:
Randle Ha od Name: Jeffrey D. Fulenchek
Director Title: Partner
Planning and Develop nt
Date: , 2
ATTEST: Approved As To Form and Legality
4 Assistant City Attorney
Fo. by; Co-Owner:
O:
.v' Bluff view Ventures, LLC yser, City Secretary
7p�5 By:
Name: Printice L. Gary ij
Title: Managing Member
2015 Easement Encroachment Agreement-Commercial Page 7 of 11
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e
Contract Compliance Manager
By signing I acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
ensuring all performance and reporting requirements.
fame S. Morales
Development Manager
STATE OF TEXAS § COUNTY OF TARRANT §
This instrument was acknowledged before me on r&LQ fy�W 13 , 20177by
Randle Harwood, Director of the Planning and Development Department of the City of
Fort Worth, on behalf the City of Fort Worth.
••,wt avB� JENNIFER LOUIE EZERNACK
Notary Public, State of Texas Nota Public tate of TeQas
Cornm. Expires 03-01-2020
Notary ID 130561630
After Kecording Return 157
Cassandra Foreman
Planning and Development Department
1000 Throckmorton Street
Fort Worth TX, 76102
STATE OF TEXAS §
COUNTY OF DALLAS §
BEFORE ME,the undersigned authority, a Notary Public in and for the State of Texas,on
this day personally appeared Jeffrey D. Fulenchek, Partner, 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 Carleton-Trinity Bluffs, Ltd., a Texas limited partnership, and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this C'kt day of June,2017.
,• �ayp, — ANA MAt1�RS�N
z t+'Notary Public, State of Texas
d+�" Comm. Expires 08-28 201q
IN ID 10281913 Notary Public in and for the
State of Texas
2015 Easement Encroachment Agreement-Commercial Page 8 of 11
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STATE OF TEXAS §
COUNTY OF DALLAS §
BEFORE ME,the undersigned authority, a Notary Public in and for the State of Texas,on
this day personally appeared Printice L. Gary, Managing Member, 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 Bluff View Ventures, LLC., a Texas limited liability company, and in the
capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this GLk day of June,2017.
,,1'arr4� _ ANA RA1tBRSON
=:;y�► Notary Public,state of Texas
Comm.Expires 08-28-2019
01'`�`'
Notary ID 10281973 Notary Public in and for the
State of Texas
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LEGAL DESCRIPTION OF THE PROPERTY
7.2717 ACRES
BEING a tract of land situated in the M. Baugh Survey, Abstract No. 106 and the
F.G. Mulliken Survey, Abstract No. 1045, City of Fort Worth, Tarrant County,
Texas and being all of Lot 21 R,Block 2,Elizabeth Gouhenant Addition,an addition
to the City of Fort Worth, Tarrant County, Texas according to the plat recorded in
Cabinet B, Slide 1355, Plat Records of Tarrant County, Texas, being all of Lot 1,
Block 1 of Samuels Avenue Baptist Church Addition, an addition to the City of
Fort Worth, Tarrant County, Texas according to the plat recorded in Volume 388-
112, Page 78, Plat Records of Tarrant County, Texas, 2.138 acre tract of land
described in deed to Carleton-Trinity Bluff, Ltd. recorded in Instrument No.
D213100281, Official Public Records of Tarrant County, Texas, being part of the
2.102 acre tract of land described in deed to Trinity Bluff Development, Ltd.
recorded in Instrument No. D208130019, Official Public Records of Tarrant
County, Texas, being all of the 0.748 acre tract described in deed to Bluff View
Ventures, LLC, recorded in Instrument No. D213150073, Official Public Records
of Tarrant County,Texas,being all of the 0.854 acre tract described in deed to Bluff
View Ventures, LLC, recorded in Instrument No. D213150075, Official Public
Records of Tarrant County, Texas, being all of the 2.659 acre tract described in
deed to Bluff View Ventures, LLC, recorded in Instrument No. D213150070,
Official Public Records of Tarrant County, Texas,being all of the 0.1187 acre tract
described in deed to Bluff View Ventures, LLC, recorded in Instrument No.
D217146356, Official Public Records of Tarrant County, Texas and being more
particularly described as follows:
BEGINNING at an "x" cut in concrete found in the west right-of-way line of
Samuels Avenue(a 60-foot wide right-of-way) at the northeast corner of Lot 3R1,
Block 6, Trinity Bluff Addition, an addition to the City of Fort Worth, Texas,
according to the plat recorded in Cabinet B, Slide 3598, Plat Records of Tarrant
County,Texas;
THENCE departing said west right-of-way line and with the north line of said Lot
3R1,North 89°53'41" West, passing a 5/8" iron rod found for the northeast corner
of Lot 8R, Block 6, Trinity Bluff Addition, an addition to the City of Fort Worth,
Texas, according to the plat recorded in Cabinet B, Slide 3598, Plat Records of
Tarrant County,Texas at 223.49 feet and continuing with the north line of said Lot
8R and with the north line of Lot 6R of said Trinity Bluff Addition, in all a total
distance of 579.71 feet to a point in the Trinity River;
THENCE leaving said north line and with the west lines of said 2.138 acre tract,
2.102 acre tract, 0.748 acre tract, 0.854 acre tract, 2.659 acre tract and the
0.1187 acre tract, the following courses and distances to wit:
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North 11'24'32" West, a distance of 156.57 feet to a point for corner from
which a 5/8" iron rod with a cap stamped Brooks Baker bears South
89°58'07" East, a distance of 80.92 feet;
North 3°00'30" East,a distance of 34.59 feet to a point for corner;
North 49°53'09" West, a distance of 72.34 feet to a point for corner;
North 74°04'19" East, a distance of 50.00 feet to a point for corner;
North 8°55'06" West, a distance of 93.20 feet to a point for corner;
South 74°04'19" West, a distance of 16.77 feet to a point for corner;
North 35°52'04" West, a distance of 107.66 feet to a point for corner;
THENCE with the south line of a tract of land described in deed to Bruce A.
Morris recorded in Volume 12901, Page 257 of the Deed Records of Tarrant
County, Texas part of the way, North 74007'56" East, passing a 5/8" iron rod set
at a distance of 206.21 feet, in all a total distance of 630.81 feet to a 5/8" iron rod
found in the said west line of Samuels
Avenue (80' ROW at this point)for corner:
THENCE with said west right-of-way line, the following courses and distance to
wit:
South 16°18'58" East, a distance of 308.05 feet to a 1/2" iron rod found for
corner;
South 16007'06" East, a distance of 59.12 feet to a Y in concrete found for
corner;
South 0000'31" East, a distance of 244.16 feet to the POINT OF
BEGINNING and containing 7.2717 acres or 316,756 square feet of land.
Bearing system based on the monuments found on the south line of the 2.138
acre tract of land described in deed to Carleton-Trinity Bluff, Ltd. recorded in
Instrument No. D213100281, Official Public Records of Tarrant County, Texas
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KHA PROJECT
SHEET 063132004 •
ROCKLYN TRINITY APR 017 K'm eyA)Horn
A-1 EXHIBIT A UPTOWN SCALE AS SHOWN
DESGNED BY RAC IDS WEST LOUISIANA STREET,MdONNEY,TEXAS 75069
FORT WORTH, TEXAS PHONE: 469-301-2580 FAX: 972-239-3820
DRAWN BY RAC WWW.KIMLEY-HORN.COM TX F-928
CHECKED BY JCR
PROFILE SCALE
1"=40' HORIZONTAL
1"=4'VERTICAL
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SD LINE C 550
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PROPOSED GRADE
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EXISTING GRADE - --- I �-
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530 _ I 530
525 11110 I 525
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1+50 2+00 3+00 3+50
KHA PROJECT
SHEET 063132004 Kimley>>>Horn
SCALE AS S
ROCKLYN TRINITY QA E
A-2 EXHIBIT A UPTOWN APR 2017 SHOWN
FORT WORTH, TEXAS OEs"'BY RAC 106 WEST: 469IANA-30 9580 MX: 97 Y,TEXAS 75069
2D
PHONE: 469-301-2580 FAX: 972-239-3820
DRAWN BY RAC WWW.KIMLEY—HORN.COM TX F-926
CHECKED BY JCR