HomeMy WebLinkAboutContract 39650CtT Y SECRETARY
LoNTRAOT NOO 05
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 (property owner's name Mario ZOC106UCT ), hereinafter
referred to as "Licensee", owner of the property located at (street
address 1191 Y. iNas GA„aWN Oft l c ) ("Property").
RECITALS
WHEREAS, Licensee is the owner of certain real property described as (legal
description of property C rerk PdAA%lao $IacK 9 ja4 ZS
an addition to the City of Fort Worth, Tarrant County, Texas as recorded in
3711y4rwW)tNk *k , W94231 6AI of the Deed records of Tarrant County
("Property"); and
WHEREAS, the City has a (width of easement 15 � )
(type of easement Scwrr ) (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
413+ora,e Sll encroach
hod the "Encroachment") which wi
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 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 = ---
CITY SECRETARY
FT. WORTH, TX
x
on the Citys Easement beyond what is specifically described in the exhibits) 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 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 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 Water 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.
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
Dollars ($ Z?�jpo) to pay necessary fees to record this Agreement in its entirety in
the deed records of Tarrant County.
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.
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.
G�
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 of 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 ) day of , 20� .
City Licensee
City of Fort Worth
By:
Asst. City Manager
ATTEST:
Title:
Approved As T Form and
OFFICIAL RECORD
CITY SECRETARY
T.
s
WORTH, TX
Assistant City Attorney
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned aut�hority, a Notary Public in and for the State of
Texas, on this day personally appeared 1 nV 6 ?0)6 QONC)� �OC �� U 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 ' 4day of
, 20 0 71 .
in and for the State of Texas
ANGELA ESTRA®A
Notary Public, State of Texas
My Commission Expires
August 21, 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&/d'L "</ , 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 ��/✓d day
of er- ,20O.
_ DVONIADANIELS
MY COMMISSION EXPIRES
1 My 10, 2013
otary Public in and for the State of Texas
City Creek
Rain Water
Drain
Kings Canyon Cir.
so'
City Creek
G
fail
SPECIAL Wj&.RRA*TV DEEt,
St xas'IF I Vendors Llen F..' T'hA Care #492 _f'7'7 i 35TIFF
Tho ne Th Inc
GF r4 32.6
State of. as TARRANTmmmm,� IF I Old FYA F?992 280278
17.91 KINGS CANYON :CIRCLE
IF Ftow 1 )idle ?resents': FORT-WORTY, T xas 76134
IF
That H Cisri os Secretddzy of ivusinq amid Urban DotrelOpmert, of
Washington, 1}. . {h a ter Called `Grantor to and in COns dera ion of tiie
T Amu 'F s:um of SEVENTY F UE t FZUlvREL'TFI N}/ld S?> 58C� U.-91 to him paid did
secured to be p 'a d. 0 TL RIGUEZ AtvTfl IM8L 7A RODRIGUEZ, EJSBiAND ANb WIPE
�
IF I
'IF . (hereinafter cal ed rant e� ). , as. follows.
IF i. The sumo k AND " 1Gt7,C9 t35C��i.,00 cas >, t..h �eCeTpt .o`. whry CX)
is ne3-eby a:knowledg d th .fu .rreY stn .of
2. SEVE IaY-�' dV'� ..Us* Tr e 7 NClg D.4-00 00 said :ctiT{ umn-it €vid nE@d by
ttze execution and delis z b the Gr to t:s � , ie eln of :One Note dated-OCTOSER
:199�4, :in the -pry s o $7 F 7 . ti payable -o tie Order of ATAERTQ
INTERNATIONAL FINANCIALS ZiI" C, F3A PMERICO MORTGAGE co. (inci`tgagee9 , it
III
having advanced that amount w d tt purchase price of.the'herein convepe!d land,
;with the express-unders"tan g agreern that the Vendsr's. Lien would be
r: dined herein to secure suc and that up. ricr .ti lei would vest in. it. uric I
f Ii payment thereof, becomin due in mo :hF ii.sta lrnents and bearina iiyteres
Iy
a.� in sold %TfJte-spe:clfied;- aTld.? OtE' ?rII
'�di�ps Fr.r. 'nor f'iii a3t ditiC�na3 :!t£'i"E?SL din.
FFT
IF
a l Past due indebtedness, for acted rat- o tzArmir
mity, and or 3 att.otri
foes in the event ;o forced cOI ec .Lin . ,ere 1 as will appear .mar fil ly zn
Deed IF of Trust of even date therewi 'i .t K kYiST.3 tCK Trustee;: and bj a fYrutIF
aw and superior Lien covering the here ,after do ofibed property*
bias Grazited, :s; ld a d. Cor�veyetl, d dresents does' dri Lv?.t, Smell .any
Convey onto .the sa d ranteeisi.of FOR R Cot. � of TAPR3'ai�T-, state of :Texas;
all eha ctai lad a parcel of land: sit .t.f e tbunty of TARA1�Ts titateIIIFFI
Texas, described as follows, to wit
TOOT 1$,. $IOCK. , iTILLf?V7', CREEK Ai3DITT,TI-1'tN, .- p.ASE -"` a t '. #F FIFFIFF" `�XIY. (F FAR ITCrd1 £a
TARRANT .COUNTY, PF:kAS, ACCORDING TO PLAT'REC D .. v %r� 4� - 3.itR � 7:9 , FAGE 56m, DEri3'
m I'm'RECORDS OF TARRA?�T '.O'r T1', TEAAS..
Grantee's addfe��:
I IF 1791 KINGS CANYON CIRCLE:
F FORT GQ'ORTH4 'Texas 7613
Being the same property acguiree3 :by t`i'e CFTlII
r II
onto }� ariC.: o the p oui-signs
of.the:National Housing Act, as mended '1.2.0 S,.C, a 7 =li a AT Department ofIF
HousinI IF and urban Deitelopirtent Act (42 L .S:c. 8 �53"FIT1 :.
m{j xave. and .to tTald the abo ve rids r, bec; t'o It e� & ? 1 . it sl r the
I Form
IF
righis and appurtenances thereunto 3n any way bel'Lngi a, me Gr` ee(:sl and
to t?ie heirs and Iiass gns.o£ Sand,Gxurteets9. fo ever. t_ afi Affected
IF IF by,j rhowever, all easelnents covenants,.:zestr motions r?ser`,I3' Ime hs SlicSti]yS;�S�f1
rights appearng.o:f _record; and Suiajecr to :any ac,nr_e uz fc- an ceuadce
survey would show ---
_ r ie I h4 t e
3. �....—____.. .. _ ... _.__._—__ __ _ _ _ _ —
'+
j/ _
...*ciC[P...:i {if ?. ?�.,Y ;#-� lf�.;�: C,+ Scti't c
.., .. i
.. .
zl_tF_il 1,E779 E 8
Tarrant Appraisal District
Real Estate
12/16/2009
Account Number: 05606616
Georeference: 47149-9-28
Property Location: 1791 Kings Canyon Cir, Fort Worth
Owner Information: Rodriguez, Mario R Etux Imelda
7 Prior Owners
Legal Description:
Taxing Jurisdictions:
1791 Kings Canyon Cir
Fort Worth Tx 761344875
Willow Creek Addn (Ft Worth)
Bllc 9 Lot 28
026 City of Fort Worth
099 Regional Water District
220 Tarrant County
224 Tarrant County Hospital Dist
225 Tarrant County College Dist
912 Crowley 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 2009
Land
Im r
2009 Total**
Market Value
$12,500
$83,500
$963000
lkppralsed Value *
$12,500
$83,500
$96,000
Approximate
Size
1,670
Land Acres
060000
.and S Ft
0
Appraised value may be less than market value due to state -mandated limitations on value
increases
A zero value indicates that the property record has not yet been completed for the indicated tax year
*Rounded
5-Year Value History
Tax Yea
XMPT
Appraised Land
Appraised Impr
Appraised Total
Market Land
Market Impr
Market Total
2008
O10
$12,500
$86,200
$98,700uu'u
$12,500
$86,200
$98,700
2007
010
$127505
$86,200
$98,700
$12,500
$86,200
$98,700
2006
010
$12,500
$86,200
$98,700
$12,500
$86>200
$98,700
2005
010
$12,500
$862205
$98,700
$12,500
$86,200
$98,700
Exemptions: General Homestead
Property Data
Deed Date: 10/27/1994
Deed Vol: 011779
Deed Page: 1598
Year Built: 1986
Pct Complete: 100
TAD Map: 2042 348
MAPSCO: 104L
Agent: None
Protest Deadline: 06/01/2009
Class: 007
State Code: Al Single Family
Garage Bays: 02
Central Air: Y
Central Heat: Y
Pool: N