HomeMy WebLinkAboutContract 32380 CITY SECRETARY
CONTRACT NO.
Easement on Encroachment Agreement
STATE OF TEXAS §
COUNTY OF TARRANT §
WHEREAS, ;"�> L E/ �, (,�N%h' L L. (hereinafter
referred to as "Owner") re resents thaf it is the owner of the real property legally described as
Lot l , Blk 35 lj4oe-L C-4(PK &,,# Addition to the City of Fort Worth, Tarrant
County, Texas, as recordedin Volume) ,2 Y, Page , of the Deed Records of Tarrant
County("Property")' and
WHEREAS, the City of Fort Worth has a twelve and a half (12.5) foot drainage
easement (the "Easement") which contains a sixty (60) inch storm drain in the Property, as
shown on the map attached to this Agreement as Exhibit"A" and incorporated herein; and
WHEREAS, Owner desires to construct a carport (the "Encroachment") eighteen (18)
inches from the property line,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 Encroachment will comply with all standards, policies and
procedures of the City of Fort Worth governing construction, permits, and set
backs from the property line, including, but not limited to, a variance from the
Board of Adjustment for the side yard encroachment, a one hour fire wall and a
four inch drip line on the roof on the carport.
2. 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") indicating the location on the property and
dimensions of the carport. 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. Any subsequent repair, replacement,
expansion or alteration of the Encroachment must also be submitted to the
Director with the plans and specifications therefore, 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.
3. 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
ORIGINAL
Fort Worth standards. Owner shall assume any liability in any way concerning,
related to or resulting from the Encroachment, either directly or indirectly.
4. 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 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.
5. OWNER SHALL INDEMNIFY, HOLD HARMLESS, RELEASE AND DEFEND CITY FROM
AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, EXPENSES, 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 the 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 anyway to this Agreement.
6. Owner covenants, agrees and acknowledges that this Agreement is solely for the
purpose of permitting Owner to construct, maintain and locate the Encroachment
over or within the described Easement and it 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 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 removals, and Owner hereby releases City and holds City 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 contractor 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, and all persons performing same, and shall be solely responsible for
the acts and omissions of its officers, agents, servants, employees, representative
and independent contractors. The doctrine of respondeat superior shall not apply
as between City and Owner and nothing herein shall be constructed as creating a
partnership or joint enterprise between City and Owner.
11. 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.
12. If any action, whether real or asserted, at law or in equity, arises on the basis of
any provision of this Agreement, venue for such action shall lie in state courts
located in Tarrant County, Texas or the United States District Court for the
Northern District of Texas — Fort Worth Division. This Agreement shall be
construed in accordance with the laws of the State of Texas.
13. Any notices required hereunder shall be effective as of the date they 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:
To City:
City of Fort Worth
Transportation/Public Works Director
1000 Throckmorton
Fort Worth, Texas 76102
14. 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.
15. 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.
16. 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 9 herein. The Term "Owner" shall include
anyone claiming ownership of the Property, in possession thereof, the record
titleholder and/or the legal titleholder.
17. The term "City" as used herein shall include the agents, representatives, servants,
employees, and independent contractors of the City of Fort Worth.
18. 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.
19. 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 parties and shall supersede any prior or
contemporaneous oral or written agreements pertaining to the subject matter
contained herein.
EXECUTED this day of ' 2005.
CITY OF FORT WORTU OWNE
By: By:
arc
Assistant City Manager
ATTEST:
City Secretary
APPROVED AS TO FORM AND LEGALITY
Assistant City 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 cL h4L a. 6r eQ&L x , 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 day of
JS PN L E�
Notary Public in and for the
" ,11 of TEFF State of Texas
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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 a4d-V'a e rea t,-K , 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 MY HAND AND SEAL OF OFFICE this J Q day of
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CO O` e,. &tary Public in and for the
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'Stade of Texas
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Real Estate Data Display Page 1 of 2
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Map PDF Version
Tarrant Appraisal District
Real Estate
09/19/2005
Account Number: 06204554
Georeference: 7087-18-35
Property Location: 2300 Sundrop Ct, Fort Worth
Owner Information: Cantrell, Riley G Etux Mary K
2300 Sundrop Ct
Fort Worth Tx 76108
6 Prior Owners
Legal Description: Chapel Creek Ranch Addition
Blk 18 Lot 35
Taxing Jurisdictions: 026 City of Fort Worth
099 Regional Water District
220 Tarrant County
224 Tarrant County Hospital Dist
225 Tarrant County College Dist
905 Fort Worth ISD
This information is intended for reference only and is subject to change. It may not accurately
reflect the complete status of the account as actually carried in TAD'S database.
Certified Values for Tax Year 2005
Land Impr 2005 Total** 2004 Total
Market Value $19,800 $77,100 $96,900
Appraised Value* $19,800 $77,100 $96,900 $92,600
Approximate Size*** 1,560
Land Acres 0.0000
Land SgFt 0
Appraised value may be less than market value due to state-mandated limitations on value Increases
" A zero value in(jicates khat the property record has not yet been completed for the;indicatecl tax year
Flounced
2005 Notice Sent: 04/13/2005 Protest Deadline: 05/31/2005
Exemptions: Disabled Person General Homestead
Property Data
Deed Date: 04/17/1996 Class: 006
Deed Vol: 012339 State Code: Al Single Family
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Real Estate Data Display Page 2 of 2
Deed Page: 0845 Garage Bays: 02
Year Built: 1996 Central Air: Y
Pct Complete: 100 Central Heat: Y
TAD Map: 1994 388 Pool: N
MAPSCO: 072F
Agent: None
MAPQUEST Map
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