HomeMy WebLinkAboutContract 38503CONTRAC NO' IS
EASEMENT ENCROACHMENT LICENSE AGREEMENT
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, and (PETER & LINDA HOWARTH ), hereinafter referred to as "Licensee", owner
of the property located ("Property").
6608 OLONIAL PARKWAY, FORT WORTH, TX 76109
RECITALS
WHEREAS, Licensee is the owner of certain real property described as (legal
description of propertv�, an addition to the City of Fort Worth, Tarrant County, Texas as
recorded in Volumel_4$age1—, of the Deed records of Tarrant County ("Property'
and
WHEREAS, the City has a ( 40 ' width of easement)
( DRAINAGE type of) 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 a DECK
"Encroachment") which will encroach onto the Ci y's Easement as
attached survey and only to the extent shown thereon; and
(
sh
own on
the
the
WHEREAS, to accommodate the needs of the Licensee, the City will approve
allowing 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 shown Exhibit A.
Licensee shall not expand or otherwise cause the Encroachment to further infringe in or
on the City Easement beyond what is specifically described in the exhibits) attached
hereto.
®FFICfA� �t�CORD
- „ a 0 CiTiYCRETARY
1 FT. WORTH, TX
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 L Works Department of City, or his duly authorized
representative. Prior to the construction of the Encroachment, Licensee shall submit all
plans and specifications to the 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 of Encroachment installed by Licensee, but
City will make reasonable efforts to minimize such damage. Should it become necessary
to remove the Encroachment to install, repair, replace or maintain improvements to City
public facilities or utilities in the Easement, the Licensee shall remove the Encroachment
at the Licensee's expense. The City shall furnish the Licensee with notice if removal of
the Encroachment is deemed necessary by the Transportation and Public Works
Department. Licensee agrees that upon request of City, and within 30 days from the date
of such request, to relocate the Encroachment away from the Easement and to restore the
Easement to its original condition all at the sole cost and expense of Licensee.
2
4.
The Licensee further agrees that City shall have the absolute right at its discretion to
terminate this license or refuse to allow the Licensee to continue to have the
Encroachment over, under or across the Easement if the City determines that the
Easement is being substantially damaged by the Encroachment, or that the Encroachment
otherwise places an undue burden on the operation of the municipal utility(ies) system or
in the event the Licensee fails to comply with the provisions of this Agreement. City
shall furnish Licensee with notice requiring the removal in a time period as is reasonable
under the circumstances. After receipt of such notice, the Licensee shall thereafter
immediately remove the Encroachment and restore the Easement to the same condition as
existed prior to the installation of the Encroachment. In the event the Licensee fails to
promptly remove the Encroachment and restore the Easement within the time required by
the notice, the City may remove the Encroachment and restore the Easement and assess a
lien on the Property for the costs expended by the City to remove the Encroachment.
5.
Licensee agrees to pay to City at the time this Agreement is executed a fee in the sum of
TWO HUNDRED Dollars ($ 275.0 to pay necessary fees to record this Agreement in its entirety in
SEVENTY -
the deed records of Tarrant County.
6.
•; � 1 1 1' � � 1 1
1 1, i 1. 1. ..1 ► '
1 . ,1 � 1 1 ♦ ' 1 � 1' 1 1
"llr. . 1
3
1 1
IZESPONSIBILITY 1.SUCH CLAIMS1. SUITS, LICENSEE SHAL
LIKEWISE ASSUME ALL LIABILITY 1 RESPONSIBILITY AND SHAL
NDEMNIFY CITY FOR ANY AND ALL INJURY OR DAMAGE TO
?ROPERTY ARISING OUT OF OR IN CONNECTION WITH TH
LTjNCR1, 1 ALL ACTS OR OMISSIONS 1
OFFICERS,ICENSEE, ITS EMPLOYEE
ONTRACTORS, OR INVITEES
7.
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.
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 in not a conveyance of any right, title or interest in or to the
Easement.
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 attorneys fees.
10.
The parties agree that the duties and obligation contained paragraphs 3 and 4 shall survive
the termination 0f this Agreement.
11.
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.
12.
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.
13.
This agreement shall be binding upon the parties hereto, their successors and
assigns.
EXECUTED this 20THday of
City
City of Fort Worth
Fernando Costa,
Asst. City Manager
ATTEST:
APRIL
Licensee
Name:
Title:
LI
License roperty Owner
PETER D. HOWARTH
Approved As To Form and Legality
City Secretary
STATE OF TEXAS
COUNTY OF TARRANT
Assistant City Attorney
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared o- , 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
day of
Notary Public in and for the State of Texas
HETTIE LANE
MY �OMMISS+dry EXPIRES
July 26, 2011
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 PETER HOWARTH , 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 Grantee, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this
of APRIL
0 09
*+� �" PATiIE ROEBER
Notary Pubft,
state of Texas
;�'9iFam•F
's
°F comm. Ewe 1241 A 2
STATE OF TEXAS
COUNTY OF TARRANT
Notary
20TH
day
the State of Texas
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared L I NDA HOWARTH , 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 Grantee, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this
of APRIL ,20 09
`` NNNN
"aY.%w� PA1'FIE ROEBER
".PpO1I !
r: *cc;� Notary PubNc, S
State of Texas 3,
Comm. Exp. 12-11-12
20TH
day
Notary Public in and for the State of Texas
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