HomeMy WebLinkAboutContract 51671 CITY SECRETARY
RECEIVED CONTRACT NO. --
DEC 14 201%
CITY OF FORTWORH EASEMENT ENCROACHMENT LICENSE AGREEMENT
CIV SECRETARY 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, its duly designated Assistant City
Manager or Planning and Development Director, and R. Corey Walters and Margo
Walters ("Licensee"), owners of the real property located at 3701 Potomac Ave, Fort
Worth, TX 76107 ("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, attached as "Exhibit C", and incorporated herin for all
purposes; and
WHEREAS, the City has a water, sanitary sewer, and drainage easement (the
"Easement") in the Property as shown on the map attached to this Agreement as Exhibit
"A"; 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 private 2" and 6" water line, private 6" sanitary sewer
line, and private 12" and 18" storm line (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 what is
specifically described in the Exhibit(s) attached hereto.
OFFICIAL RECORD
CITY SECRETARY
Easement Encroachment Agreement-Residential e�]400_rii _rX
Rev se 0
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, Ordinances
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 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 of the City, or his duly authorized
representative.
Easement Encroachment Agreement- Residential Page 2 of 12
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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. However, this Agreement shall terminate
upon Licensee's non-compliance with any of the terms of this Agreement. City shall notify
Licensee of any non-compliance and if not cured within thirty (30) days, this Agreement shall be
deemed terminated, unless such noncompliance is not susceptible to cure within thirty (30) days,
in which case this Agreement shall be deemed terminated in the event that Licensee fails to
commence and take such reasonable steps as are necessary to remedy the non-compliance within
thirty (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 upon 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 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
Easement Encroachment Agreement- Residential Page 3 of 12
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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 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 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 Licensee 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
Easement Encroachment Agreement- Residential Page 4 of 12
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the City of Fort Worth. A copy of such Certificate of Insurance is attached as 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 all encroachments and the cleaning and restoration of the Easement.
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
Easement Encroachment Agreement- Residential Page 5 of 12
Revised 10/05/2018
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.
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.
Easement Encroachment Agreement- Residential Page 6 of 12
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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.
Easement Encroachment Agreement- Residential Page 7 of 12
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'D+-r-embee
EXECUTED this�day of , 2018.
City: Licensee:
City of Fort Worth
i4By: By:
Randle Harwood, Director Name: Co rc--r ,4 (ACRS
Planning & Development Title: OL--o n a r
By: M ) 5
Name: ;'� tcl \,N del
Title:
RT
ATTEST: ,^v: ' proved Hs o Form and Legality
Qua
Nr.NMffistant City MOMY
ut�.
AY1.iitvy�'Secretary
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 r quirements.
Janie S. Morales
Development Manager
Easement Encroachment Agreement- Residential Page 8 of 12
lEr �D
Revised 10/05/2018
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 Id day ofNa �
201 `J .
JENNIFER LOUISE EZERNACK
?a° Notary Public, state of Texas
'ems Comm. Expires 03-01-2020
�';;FOF•�� � Notary ID 130561630
Notary Pu in and for the State of Texas
Easement Encroachment Agreement- Residential ; Page 9 of 12
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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 R. Corey Walters, 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 R. Corey Walters
and Margo Walters, and in the capacity therein stated.
id6ventbeK
GIVEN UNDER MY HAND AND SEAL OF OFFICE this d 018.
A
14 JENNIFER ASPLET
Notary JO* 12384930
My Commission Expires
Notary Public in and for the ''��„�s' February 23,2019
State of Texas
Easement Encroachment Agreement- Residential Far,Page 10 of 12
d 10/05/2018
FT. <,
STATE OF TEXAS §
COUNTY OF Tz44 §
K"d4
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this
day personally appeared Margo Walters, 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 R. Corey Walters
and Margo Walters, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 20 I QJ.
(EGO
�ct''NE 0 PATTERSONNotary PublicSTATE OF TEXASMy Comm.Exp.03-09-21Notary Public in and for theNotary ID#12516220-5
State of Texas
Easement Encroachment Agreement- Residential Page 11 of 12
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EXHIBIT 'W
Dylap of Encroachment and Easement
Easement Encroachment Agreement- Residential Page 12 of 12
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E:xk,6;+ ""A " NA of EnctiroA..:4 4c-n 'it A&A
LEGAL DESCRIPTION Teasm,Re"wred we Ing Fhm a F-bM and Swveyi,p Firm.loogleoo
Lot 7, Block 20, MONTICELLO, an Addition to the City of According to the Federal Emergncy Mangrtterd Agency Flood
Fort Worth, Tarrant County, Texas, according to plat bvlrmos Rate Map, Corrrrsetity Pawl No, 484-W-0190 K, dated
recorded in Volume 1037, Page 200, Deed Records of rSept rl+iler 25, 2004, this Property does net IM within a 100-Year
Tarrant County, Texas.
Flood Hma•d Area.
Scale: I.. 30' Tech, JD I Job NW THE PLAT OF RECORDS 15 ILLEGIBLE
Field, JG 11508RT182 T141S IS THE SURVEYOR-5 BEST INTi*PRETATION.
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Addreas: 3701 POTOMAC AVENUE
PAUL G. FULLER II
•• Certified to:Rattikin Title, Title Resource Guaranty Co.,
v 4843
,'•P0 pr•Q. Legacy Bank and Kenneth 4 Suravle Cox
7 '`�ESStO.•O
ti0 S U R�6{ 6.F. No.: 15-03465
Date: 08/29/2015 e
1, Pa,l G. Fuller ll, Regl.tarProfesslanl lad Swveior No.4U3, do hmebr
declare that the trop elouxn hereon a-Irately repre•ede the preprty v
dotsmind by an an-the-g-ound away mode We my direct sup—lel-a o DATE: Purcias
correctly shows the boundary lWm ord dirrnereions of the property, es Farad on ACCEPTED BY:
the date of the survey, ^dicateel hereon. Therety aro no visible rarnn"te, or
AII.,eaeanente"raht ' e�t�.- ra h- « FULLER ENGINEERING
advised of and toes shoran on the refensnced plat of retard are shown or noted
hereon. This survey 1.for the exckWw use of title canaav, the nwrtows
—pony & LAND SURVEYING, INC.
and the purcMer.
LEGEND OF ABBREVIATIONS AND SYMBOLS
B.L. • Building Lire I.P.F. Iron Pipe Fowl ❑ • Buried Cable Riser Wood Fence
C.M. • Control Maeerwrtt I.R.F. Iron Rad Fowd P.O.S.E. . PublicOpen Sloace Emerne t —0 Chain Link Force
D.E. Drainage Emnent I.R.S. Capped Iran Rod Set R.O.W. • Right of Way
D.U.E.• Dratrmge 4 Utility O.H.E. Orrnead Electric ❑' • Telephone Riser 0 — • from Ferre
M.E. MonkEtenanceQSWTW Easarrnent( ) Record Data U.E. . Utility Eme
ernt —X— • Wire Fence
ET Electric Trawormar Bearing Basis 09M - Gas Meter a°^' . Electric Meter
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EXHIBIT "B"
CERTIFICATE OF INSURANCE
Easement Encroachment Agreement-Commercial Page 13
Revised 10/22/2018
Aft, �
atotnromr Rfffe rarer�,.1v os. Exhibit 8 U
oyds omp ny m Richa._,on,Texas DECLAhATIONS PAGE
8900 Amber len Boulevard
Austin,7X 78729-r r ro Policy Number 83-EL-W016-1
Named Insured Policy Period Effective Date Expiration Date
AT4 H-25.2409-FB58 H F 12 Months MAY 22 2018 MAY 22 2019
Mae ow The policy period begins and ends at 12:01 am
WALTERS, COREY R 8 MARGO standard ime at the residence premises.
222 SIDNEY BAKER ST S STE 305
KERRVILLE TX 78028-5900
11111'ii"i'ill"Ilil�lllulGillillli'i"iiliil'lil'I'lillili'Ii
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HOMEOWNERS POLICY
Automatic Renewal - If the policy period is shown as 12 months, this policy will be renewed automatically subject to the
premiums, rules and forms in effect for each succeeding policy period. If this policy is terminated, we will give you and the
Mortgagee/Llenholderwritten notice in compliance with the policy provisions or as required by law.
Location of Residence Premises
3701 POTOMAC AVE
FORT WORTH TX 76107-1723
Coverages&Property Limits of Liability Inflation Coverage Index:256.5
SECTION I Deductibles-Section 1
A Dwelling 480,000 Other Losses 2% 600
B
Dwelling
e sornial Extension
up to 360'800000Wind or Hail 29r, $ 9;600
C Loss of Use Actual Loss /
Sustained
SECTION II
L Personal Liability $ 300,000
Each Occurrence)
amage to Property In case of loss under this policy.the deductibles will be applied
of Others $ 500 per occurrence and will be deducted from the amountofthe
M Medical Payments to lass
Others(Each Person) $ 5,000
The Inflation Coverage provision may change your deductible.
Refer to page 7 of your policy.
Loss Settlement Provision(See Policy) Policy Premium $ 1,648.00
Al Replacement Cost-Similar Construction Incl Water Damage $ 77.00
61 Limited Replacement Cost-Coverage B Discounts Applied:
Home Alert
Forms, Options,&Endorsements Home/Auto
Homeowners Policy FP-7955.TX Utility Rating Cr
Homeowners Policy Endorsement FE-3533.2
Amendatory Endorsement FE-2363
Amendatoryraisal FE- 626
Fungus(Incl i ing Mold) Excl FE-5398
Water Damage ndorsement FE-5369.2
Jewelry and Furs$1,500 Each Option JF
Article/$2,500 Agggro ate
Increase Dwlg Up go 96,000 Option ID
Other limits and exclusions may apply-refer to your policy
Your policy consists of thiskege, any endorsements
and the policy form. Please ep these together.
FP-7012.IC Continued on Reverse
AMBER TMOfIAASON
11645 151 1 830-315-5433
10 N 1S,C,E,8H,BF,H5 Prepared MAY 29 2018
555-7070.1 Rev 10-7009 W1039k5
EXHIBIT "C"
METES AND BOUNDS OF THE PROPERTY
Easement Encroachment Agreement-Commercial Page 14
Revised 10/22/2018
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