HomeMy WebLinkAboutContract 51296 �. CITY SECRETARY
CONTRACT NO.yS,�—
EASEMENT ENCROACHMENT LICENSE AGREEMENT
SE
caw o� 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
MATHEW PEREDA ,/}66 att3d4[type in homeowner/individual(s)], hereinafter referred to
as "Licensee",owner of the property located at 1601 ALSTON AVE 76104 [type in street
address including zip code ("Property').]
RECITALS
WHEREAS, Licensee is the owner of certain real property described as(legal description
of property), an addition to the City of Fort Worth, Tarrant County, Texas as recorded in County
Clerks Document No.12795 or Volume and Page No. 126 Of the Real
Property records of Tarrant County("Property"); and
WHEREAS,the City has a(n) 15 'foot wide SANITARY SEWER [type
of easement: ex drainage, utility easement] (the"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 GARAGE [describe encroachment] which will
be TEN FEET [purpose of encroachment] (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 show A for , the purpose of
2014 Easement Encroachment Agreement-Residential OFFICIAL RECORD Page 1 of 10
CITY SECRETARY
FT.WORTH,TX
CONSTRUCTING A GARAGE
[describe the encroachment: i.e. constructing a building, constructing a shed, placement of
dumpster etc.] (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 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
2014 Easement Encroachment Agreement-Residential Page 2 of 10
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 an 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.
2014 Easement Encroachment Agreement-Residential Page 3 of 10
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 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 an 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
2014 Easement Encroachment Agreement-Residential Page 4 of 10
"B". 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 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 respondent 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 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.
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.
This agreement shall be binding upon the parties hereto,their successors and assigns.
EXECUTED this 27 day of AUGUST 2018
2014 Easement Encroachment Agreement-Residential Page 6 of 10
City: Licensee: [Type name of homeowner(s)]
City of Fort Worth MATHEW PEREDA ,
By: By:
Randle Harwood, irector Name:
Planning&Development Title:
By:
Name:
Title:
ATTEST: Approved As To Form and Legality
City Secreta Assistant CityAttorney
* 2
Q * Contract Compliance Manager: By signing I
M&C:— "I, AS acknowledge that I am the person Responsible for
1295. the monitoring and Administration Of this contract,
including ensuring all performance And reporting
requirements.
A", _;� M �:"
Ja ie S. Morales
Development Manager
2014 Easement Encroachment Agreement-Residential OFFICIALCAf%
CITY SECRETARY
'!t',Woolf,TX
City: Licensee: [Type name of homeow�!ner(s)]
City of Fort Worth r"� ✓ P42���� CV ft���c�ct
By: By
Randle Harwood,Director Name:
Planning&Development Title:
By:
Name:
Title:
ATTEST: Approved As To Form and Legality
City Secretary Assistant City Attorney
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.
Janie S. Morales
Development Manager
2014 Easement Encroachment Agreement-Residential Page 7 of 10
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 MY HAND AND SEAL OF OFFICE this 0 day of
iZJENNIFER LOUISE EZERNACK
=i;' �=Notary Public,State of Texas
Q� Comm. Expires 03-01-2020
Not
Pub nand for the State of Texas '611111"'S'' OF ��
Notary ID 130561630
2014 Easement Encroachment Agreement-Residential Page 8 of 10
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME,the undersigned author' y,a Notary Public in and for the State of Texas,on this day
personally appeared ..r! 1° [Type name of individual/homeowner],known to
me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to
me that he/she executed the s me for the purposes and consideration therein expressed, as the act
and deed of I&IJ [Type name of individual/homeowner], and in the
capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE thi day of �"�� � '20
J
Notary Public in and for the LUCY CERVERA
Notary Public,State of Texas
State of Texas =N.,: r Comm.Expires 12-01-2020
Notary ID 8682963
2014 Easement Encroachment Agreement-Residential Page 9 of 10
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME,the undersigned author' ,a Notary Public in and for the State of Texas, on this day
personally appeared % [Type name of individual/homeowner],known
to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged
to me that he/she executed the Wme for the purposes and consideration therein expressed, as the
act and deed of*1,el_s [Type name of individual/homeowner], and in
the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this —day ofae4� ,20
?ar
° LUCY CERVERA
� n&X101
:Notary Public,State of Texae
i`� '�°• Comm.Expires 12-01-2020
Notary ID 8692963
Notary Public in and for the
State of Texas
2014 Easement Encroachment Agreement-Residential Page 10 of 10
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Being Lot 14R, Block 8 of Bellevue Hill Addition to the Ci±y of Port AMERICAN
Worth, Tarrant County, Texas, according to the plat thereof retarded AMTITLE
in Doc# 0212021281 of the Plat Records of Tarrant County, Texas. ■COMPANY
Like Clockwork'
LEGEND
0 f/2" ROD FOUND
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EXCEPTIONS: NOTES:
NOTE: BEARINGS, EASEMENTS AND BUILDING LINES ARE BY RECORDED PLAT UNLESS
NOTE: PROPERTY SUBJECT TO TERMS, OTHERWISE NOTED.
CONDITIONS, AND EASEMENTS FLOOD NOTE: According to the FJ.R.M. No. 48439CO305K, this property does lie
CONTAINED IN INSTRUMENT RECORDED IN In Zone X and does not lie within the 100 year flood zone.
VOL. 12795, PG. 126. This survey is made in conjunction with the Information provided by North American
Title Company. Use-cf this survey by any other parties and/or for other purposes
shall be of user's owc risk and any loss resulting from other use shall not be the
responslblitty of the undersigned. This Is to certify that I have an this date made a
careful and accurate survey on the ground of the subject property. The plat hereon Is
a correct and accurate repnesentatlon of the property lines and dimensions aro as
Indlectsd; icoation and type of bulidings are as shown; and EXCEPT AS SHOWN, there
aro no visible and apparent encroachments or protrusions on the ground.
Drown By: RLH C.B.G. Surveying, inc,
Scale: 713'_ 12025 Shiloh Road, Ste, 230
Dallas, TX 75228
Date: 11/09/1-1 P 214.349.9485
Accepted by: �— F 214.349.2216
Purchaser OF NO.: Firm No. 10168
[Date: 14764-15-01835 —
«.•w. Tai.
Purchaser
Job NO. P.LS.ON0A57D6
Wt
� 9800 Fredericksburg Road
San Antonio,Texas 78288
USAW
Confirmation of Homeowners Insurance
This is to certify that the insurance listed below is in force.
This certificate of insurance neither affirmatively nor negatively amends, extends, or alters the
coverage provided by the referenced insurance policy, nor does it confer any new or additional
contractual rights to the certificate holder other than those conveyed by the policy. The terms of
the policy control.
ALEXIS PEREDA AND MATHEW PEREDA
1601 Alston Ave
Fort Worth, TX 76104
are insured as follows:
Homeowners policy GAR 039156898 90A
Personal liability: $1,000,000
Policy effective date: October 16, 2017
Policy expiration date: October 16, 2018
Requestor:
City of Forth Worth
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