HomeMy WebLinkAboutContract 39648 (2)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 (Jason Benzmiller), hereinafter referred to as "Licensee", owner of the
property located at (4017 Juniper Ct, Euless, Texas 76040 Stone Wood Addition Blk
E Lot 10) ("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 Volume 015095, Page 0520, of the Deed records of Tarrant County
("Property" ); and
WHEREAS, the City has a (30ft 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 aft tall Stone Retaining Wall
( the `Encroachment") 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 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's Easement beyond what is specifically described in the exhibit(s) attached
hereto.
•
OFFICIAL RECORD
CITY SECRETARY
F`FWORTH, TX
2.
All construction, maintenance and operation in comlection with such Encroachment, use
and occupancy shall comply and be performed in strict compliance with the Charter,
Drdinance and Codes of the City and in accordance with the directions of the Director of
the Transportation and Public 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 Encroaclunent 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 Encroaclnnent. 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 Encroaclunent.
5.
Licensee agrees to pay to City at the time this Agreement is executed a fee in the sum of
Two hundred and seventy five Dollars ($275.00) to pay necessary fees to record this
Agreement in its entirety in the deed records of Tarrant County.
6.
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 HIND 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
3
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.
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.
9.
lii 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 tei�nination 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 _7_ day of
City
City of Fort Worth
Asst. City Manager
�O
x
October .2009.
Licensee
Name:
Title:
ATTEST: P� �°aoo G/ �000 .�t�d Approved As To Forin and Legality
a
C►�� Sec�e� �
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3FFiE:lAL RECf�RD
CITY SECR@TARY
F�: WORTH, TX
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&,d/&AQj6M , 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.
ll GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
er 200�
EVQNIA QRNIEIS
MY CGMMISSION EXPIRES
July 10, 2013
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 N%-)A50r4 OtN LN 1 L4 , 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 T� day
MELISSA K. DIETZ
Notary Public, State of Texas
My Commission Expires
April 07, 2010
Notary
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DEED (Vendor's
I{t\'OW ALL MEN BY T1SE PRESEN I'S:
QF TARRANT
That CENTEX INTERNATIONAL, INC., a Nevada corporation that is the successor by merger to 27L8
�r CORPORATION, which was the successor by name change and corporate reorganization to Centex Real
ration, acting herein by and through its duly authorized officers, hereinafter called GRANTOR, of the
of ALLAS , State of Texas, for and in consideration of the sum of TEN AND
($1 .00) DOLLARS cash, and other good and valuable consideration paid to GRANTOR, receipt of which
lly acknowledged, by
E
And
sum
hereinafter called GRANTEE;
Grantee herein of Grantee's one certain note of even date herewith in the principal
NINE THOUSAND SIX HUNDRED TWENTY TWO & 00/100
payable as eretn vi d to the or er of CTX MORTGAGE COMPANY
hereinafter c Pap ,said y ing advanced said sum at the special instance and request of Grantee herein as
part of the purcha mon r erty hereby conveyed, and Payee shall be and is hereby subrogated to all of
the rights and ti s of td to t secure the payment of said note as fully as if Payee were Grantor herein, and in
addition to the is en h in retained, said note is further secured by Deed of Trust of even date herewith :o
JOHN L. MATT Eliot OR OTHY M, BARTOSH , Trustee, has
Granted, Sold and nv d by ese presents does Grant, Sell and Convey, unto the said GRANTE,, of the
County of TAR State of Texas, all that certain tract or parcel of land, lyTq and being
situated in the County of T State of Texas, described as follows: c) = y
LOT 100 BLOCK E, TONE D DI ION, AN ADDITION TO THE CITY OF"Tok)fi: =
WORTH, TARRANT CO Y, EXAS A ING TO THE MAP OR PLAT THEREOF.::RECORbEDr;�1
IN CABINET A, SLIDE O TH LAT RECORDS OF TARRANT COUNTYt TEXAS. N <?r
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THE MAILING ADDRESS OF TH RANTE H EIN S:
MONICA L. BENZMILLER, 4017 I R 0 FORT WORTH TX 76040
This Deed is executed and delive ject easements, reservations, conditions, co nants and restrictive
covenants affecting the property conveyed reby the same app f record in the Office o the County Clerk of
TARRANT County,
TO HAVE AND TO HOLD the above desert d
appurtenances thereto in anywise belonging, unto t said
Grantor does hereby bind itself, its successors and sign t
premises unto the said GRANTEE, Grantees' heirs asst
or to claim the same, or any part thereof.
But
it is expressly agreed and stipulated that the
property, premises and improvements, until the above descril
to its face and tenor, effect and reading, when this Deed shall
Grantee herein assumes the payment of all taxes for the year 2 b0.1
Dated this 14 th day of AUGUST 2001
CENT£X It
a Nevada co
HOLDING
change and i
Corporation
ie3T�
dether with all and singular the rights and
o
Grantee's heirs and assiens forever_ and
}efd Forever Defend, aII and singular the said
every person whomsoever lawfully claiming,
retained against the above described
crest thereon are fully paid according
by merger to 2728
the successor by name
ntex Real Estate
THE STATE OF TEXAS '"
Name:
ris�Ntt)iins, D C o
COUNTY O
Title:
BEFORE ME, the undersigned, a Notary Public in and for said State, on this day pe n a care
known to me to be the perso ice hose name is
subscribed to the foregoing instrument and acknowledged to me. the same was the t of C TEX
INTERNATIONAL, INC., a Nevada corporation that is the successor by merge 28 L NG
CORPORATION, which was the successor by name change and corporate reorganization to en t e I tate
Corporation, and that he executed the same as the act of such corporation for th purposes and c ns e ti n t re'
expressed and in the capacity therein stated.
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GIVEN i3AN ,. Y HANP�A`Y�DAS41 At61OFFICE, this � ay f A.
Q srcr.o-:f.x.AS
e 'mil;•., ,<% MyCor^i. Exc ogee-2.^.;:J Notary Public, State Texaxz
CTX034 10903981
5530
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-W A R N I N G-THI��A OF THE OFFICIAL RECORD--D O N O T D E S T R O Y
I N D E X E D T aNT COUNTY TEXAS
S U Z A E N D E R S O N COUNTY CLERK
O F4RE
L R E C E I P T
T O: OLAN TITLE
RECEIPT NO ECD-BY PRINTED DATE 'TIME
201351052 LW 08/23/2001 16:16
INSTRUMENT F ECD INDEXED TIME
1 D201205530 WD 20010823 16*16 CK 024284
T O T A L DOCUMENTS: 01 '� E S: 9000
ANY PROVISION WHICH RESTRICTS THE SALE
OF THE DESCRIBED REAL PROPERTY BECAUSE O
TS INVALID AND UNENFORCEABLE UNDER FEDER