HomeMy WebLinkAboutContract 52238 CITY SECRETARY
CON-rRACT NO.
EASEMENT ENCROACHMENT LICENSE AGREEMENT
Residential
THIS AGREEMENT is made and entered into by and between THE CITY OF FORT
WORTH ("City"), a home rule municipal corporation of Tarrant County, Texas, acting by and
through its duly authorized City Manager, Assistant City Manager, or Planning and Development
Director, and Dirk and Michelle Weeks ("Licensee"), owner of the real property located at
3804 Glenwood Drive, Fort Worth, Texas 76109 (the "Property"), more particularly described
in the attached Legal Description.
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 herein for all purposes; and
WHEREAS, the City has a drainage and utility easement (the "Easement") in the
Property as shown on the map attached to this Agreement as "Exhibit A," which is incorporated
herein for all purposes; and
WHEREAS, Licensee desires to construct, place, and/or maintain certain improvements
which will encroach in, on, above, or below the City's Easement; 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 in, on, above, or below and occupy a
portion of the City's Easement as described in and at the location shown on Exhibit A, but only
to the extent shown thereon, for the purpose of installing a fence (the "Encroachment"). Upon
completion of the Encroachment, Licensee agrees to be responsible for maintaining the
Encroachment within the Easement. Licensee shall not expand or otherwise cause the
a-
ti
OFFICIAL RV
Qsement Encroachment Agreement- Residential CITK&ft-
ET WORTH, TX
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, or operation in connection with such Encroachment, use,
or occupancy shall comply and be performed in strict compliance with this Agreement and 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, or their duly authorized representative. Prior to the construction of the
Encroachment, Licensee shall submit all plans and specifications to the applicable Director or
duly authorized representative. Licensee shall not commence construction of the Encroachment
until such approval shall be indicated in writing by the applicable Director or authorized
representative. 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, at no expense to the City, shall make proper provisions for the relocation and
installation of any existing or future utilities affected by such Encroachment, use, and occupancy,
including securing the approval and consent of the appropriate utility companies and agencies of
the State and its political subdivisions. In the event that any installation, reinstallation,
relocation, or repair of any existing or future utility or improvements owned by or 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 the 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 their duly
authorized representative. In such case, City will first notify Licensee in writing.
Easement Encroachment Agreement- Residential Page 2 of 15
Revised 12/2018
4.
Licensee agrees that the 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. The City shall bear no responsibility or liability for any damage or disruption or
other adverse consequences resulting from the Encroachment installed by Licensee, but the City
will make reasonable efforts to minimize such damage.
5.
Upon termination of this Agreement, Licensee shall, at the option of and at no expense to
the City, remove the Encroachment and restore the Easement to a condition acceptable to the
Director of Transportation and Public Works or the Director of the Water Department, or their
duly authorized representative, in accordance with then-existing City specifications. It is
understood and agreed to by Licensee that if this Agreement terminates and Licensee fails to
remove the Encroachment as directed and restore the Easement, Licensee hereby gives the City
permission to remove the Encroachment and any supporting structures and assess a lien on the
Property for the costs expended by the City in taking such actions.
6.
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 Five Hundred Dollars
($500.00).
Easement Encroachment Agreement- Residential Page 3 of 15
Revised 12/2018
7.
The term of this Agreement shall be for thirty (30) years, commencing on the date this
Agreement is executed by the City. However, this Agreement may be terminated upon
Licensee's noncompliance with any of the terms of this Agreement. City shall notify Licensee in
writing of any noncompliance 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 noncompliance 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.
8.
It is further understood and agreed upon between the parties hereto that the Easement to
be used and encroached upon 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 contemplated or not,
that the parties agree to negotiate in good faith in order to accommodate the Encroachment and
the public purpose.
9.
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
Easement Encroachment Agreement- Residential Page 4 of 15
Revised 12/2018
PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF
WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED,
ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, 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.
10.
While this Agreement is in effect, Licensee agrees to furnish City with a Certificate of
Insurance as proof that it has secured and paid for a homeowner's insurance policy 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 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 thirty (30) days prior written notice to the Building Official of the City. 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 the City on the
anniversary date of the execution of this Agreement.
Licensee agrees, binds, and obligates itself and its successors and assigns to maintain and
keep in force such homeowner's 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. All
Easement Encroachment Agreement- Residential Page 5 of 15
Revised 12/2018
insurance coverage required herein shall include coverage of all of Licensee's contractors and
subcontractors.
11.
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 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.
12.
Licensee agrees to comply fully with all applicable federal, state, and local laws, statutes,
ordinances, codes, and regulations in connection with the construction, operation, and
maintenance of the Encroachment and uses.
13.
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.
14.
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.
Easement Encroachment Agreement- Residential Page 6 of 15
Revised 12/2018
15.
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.
16.
In any action brought by the City for the enforcement of the obligations of the Licensee,
the City shall be entitled to recover interest and reasonable attorneys' fees.
17.
The parties agree that the duties and obligations contained in Section 5 shall survive the
termination of this Agreement.
18.
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 the 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 default or otherwise shall not require City approval provided
Easement Encroachment Agreement- Residential Page 7 of 15
Revised 12/2018
that said lender notifies City in writing within sixty (60) days of such foreclosure or assignment
and assumes all of Licensee's 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.
19.
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.
20.
This Agreement shall be binding upon the parties hereto and their successors and assigns.
21.
This Agreement may be executed in multiple counterparts, each of which shall be
considered an original, but all of which shall constitute one instrument.
[SIGNATURES APPEAR ON THE FOLLOWING PAGE]
Easement Encroachment Agreement- Residential Page 8 of 15
Revised 12/2018
City: Licensee:
CITY OF FORT WORTH DIRK AND MICHELLE WEEKS
By: By: -
R ndle Harwood, irector Name: Dirk Weeks
Planning & Dev lop nt Title: Property Owner
Date: Z5 Date: 4—(1 —.to !F
By)- 9L Zc;.Z.c,�./
Name: Michelle Weeks
Title: Property Owner
Date: 4- 17-o10/9
ATTEST: F' .` „ Approved As To Form and Legality
i
City Se Wary Trey Qualls
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 r orting requirements.
-- Janie S. Morales
Development Manager
�� �-�YAL RECORD
Easement Encroachment Agreement- Residential C tmA14
FT. WORTH,TX
' • 1 ' 1 1 ' 1 ' 1
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 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_Lday of ,
20�.
7pY M,�i� JENNIFER LOUISE EZERNACK
_2° �:Notary Public,State of Texas
y +�4 Comm. Expires 03-01-2020
Notary ID 130561630
N ry Publ c/din and for the State of Texas
After recording return to:
Planning& Development
Development Coordination Office
200 Texas Street
Fort Worth, Texas 76102 rFT.
lAL RECORD
SECRETARY
Easement Encroachment Agreement- Residential WQqTW IXI5
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 Dirk Weeks, known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that he or she executed the
same for the purposes and consideration therein expressed, as the act and deed of 3804
Glenwood Drive, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this /7 tj� day of
20 )
KEIIEY WOODWARD
:tPaY'PLB '
Notary Public,State of Texas
Notary Public in and for the N,• �1.P Comm..Expires 07-30-2019
Notary tm 130314672
State of I
OFFICIAL RECORD
CITTY SECRETARY
Easement Encroachment Agreement-Residential F Page9l�oPf 5T
Revisea T2171i
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 Michelle Weeks, known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that he or she executed the
same for the purposes and consideration therein expressed, as the act and deed of 3804
Glenwood Drive, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this) day of+
-�
20 1 G/
KELLEY WOODWARD
Notary Public, State of Texas
Comm.Expires 07-30.2019
Notary Public in and for the
j Notary ID 130314872
State of-- -F-exas
Easement Encroachment Agreement-Residential Page 12 of 15
Revised 12/2018
EXHIBIT A
Map of Easement and Encroachment
Easement Encroachment Agreement- Residential Page 13 of 15
Revised 12/2018
Exhibit A
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EXHIBIT B
Certificate of Insurance
Easement Encroachment Agreement- Residential Page 14 of 15
Revised 12/2018
Exhibit B
04/17/19 15:41:59 8179ZZ9300 -> April Hunt Page 002
state Farm Lloyds
A Lloyds CompAny in Richardson,Texas DECLARATIONS PAGE AMENDED APR 17 2018
P Richardwry,TX 75005.2907 10Boxes3807 Policy Number 58-BS-Z012.9
Named Insured Policy Period Effective Date Expiration Date
H-o6.3832-PA36 H F 12 Months MAY 29 2018 MAY 29 2019
The policyy,period begins and ends at 12:01 am
WEEKS, DIRK & MICHELLE standard time? at the residence promises.
3004 GLENWOOD DR
FORT WORTH TX 76109-1625
Mcan#2014018858
ortgagee
EECU
ISAOA
PO Box 15010
LENEXA KS 66285-5010
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 fonl'rs in effect for each succeeding policy period. If this policy is terminated, we will give you and the
Mortgsgee/Lienholder written notice in compliance with the policy provisions or as required by law.
Location of Residence Premises Your policy Is amended
Same as Insured's Address 2ND MORTGAGEE ADDED
Other items shown are effective
with the polioy's 2018 renewal
Coverages&Property Limits of Liability Inflation Coverage Index:254.0
SECTION i Deductibles-Section i
A Dwelling 5 1, 0 Other Losses 1% $ 5,410
Dwelling Extension up to �4,��$ Wind or Hail 1% $ 5,410
6 Personal Propertv
SECTION it 5
L Personal Liability $ 500,000
(Each occurrence)
rllrra.ge to Pr'aperty
of Otl $ 500
M Medical Payments to Ill case of ID3s under-this policy,the deductibles will be applied
Others(Each Person) $ 5,0100 per oocurrence and will be deducted from the,amountof the
oss.
Tho Inflation Coveragc provision may nhange your deductible
Refer to page 7 of yow policy.
Loss Battlement Provision(See Policy) Endorsement Premium NONE
Al Replacement Cost-Sinflar GonstruoUon
Bi Limited Replacement Goat -Coverage B l3isoounts Applied;
Home Alert
Forms, Captions.& Endorsements Home/Auto
Homeowner's Policy K
Homeowners Policy Endorsement ��-
Identity Restoration Coverage F -330
Water Darnatje Endor4ernent 3
Dwelling Foundation - 3 $.
Amendatory Endorsement 3663
Amendatory Appraisal F -5 9$55 fl
Fungus(including Mold) Excl F
Other limits and exclusions may apply-refer to your policy
Your policy consists of this page, any endorsem9nty
and the policy form. Please keep 1hesa togethbr.
hP-7012.10 Continued on Revers®
8F 922 s WOOD CLU, CHFC
WO 2 51 I 117
20 N Prepared APR 23 2016 z5-70201 Rw.1 V-Vxe (ot'079ro)
e
s
Exhibit 8
04/17/19 15:42:14 0179229300 -> April Hunt page 003
CONTINUED FROM FRONT SIDE
Forms,Options, & Endorsemsnts Loan#4093
Jewelry nd Furs$2,500 Each Option JF TRINIT,Y BANK NA
Article/ 5;GG4 A greute gg pp
Firearms$2,500�ach Article/ Option FA SORT �t?��HK�t�Y %YS7-5618
$5,000 A�ggreg to
tnorease Dwtg Up to$ 108200 Option ID
Ordinance/Law 1 0%4 s 54,100 Option OL
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DIVIDEND PROVISION- PARTICIPATING COMPANIES
The Named Insured shall be entitled to nrticlpate in p distribution of the
surF'IL03 {�f 111B compar+y, as determined rom rrrle to time by its euard of
Dtrg^ctors,:subject, however,to regulatory approval as provided by the Texas
Insurance tnce Code of 1951,as am?.pded,.end subject to other applicable law of
the State of Texas vrhich includes the rules and recgulritions of the Suitt
Board of Insurance and the amendments thereto.
�� Attie}aa
4esr,02•�A`:
EXHIBIT C
Metes and Bounds Legal Description of the Property
Easement Encroachment Agreement- Residential Page 15 of 15
Revised 12/2018
Exhibit C
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