HomeMy WebLinkAboutContract 41062 (2)ENCROACHMENT AGREEMENT
STATE OF TEXAS
COUNTY OF TARRANT
CITY SECRETARY
CONTRACT NO.
THIS AGREEMENT is made and entered into by and between the City of Fort
Worth, a municipal corporation of Tarrant County, Texas, acting herein by and through
its duly authorized Planning and Development Department Director, hereinafter referred
to as the "City", and Jack L. Davis and Linda A. Davis, hereinafter referred to as
"Licensee", Owner of the property located at 2315 Mistletoe Boulevard, Fort Worth,
Texas 76110 ("Property").
WITNES S ETH:
1.
For and in consideration of the payment by Licensee of the fee set out below and
the true and faithful performance of the mutual covenants herein contained, City hereby
grants to Licensee permission to construct/ install and/or allow to remain,
Improvement(s) ("Improvements") that encroach upon, uses and/or occupies portions of
the space under, on and/or above the 12.5-foot alleyway (the "Alleyway") running east -
west through the middle of the Property and the 20-foot sanitary sewer easement (the
"Sanitary Sewer Easement") running north -south through the western portion of the
Property. Such Iinprovement(s) are described as follows: garage with upstairs apartment
and driveway located over the Alleyway (the "Garage") and porte cochere with upstairs
residential living quarters and driveway located over the Sanitary Sewer Easement (the
"Porte Cochere").
The location and description of said Improvements and the encroachments is
more particularly described in Exhibit "A", attached hereto, incorporated herein and
made a part hereof for all purposes.
2.
All construction, maintenance, and operation of such Improvements undertaken
by the Licensee in the areas of encroachment as described in Exhibit A that requires a
building permit or other such approvals from the City of Fort Worth shall be performed
in strict compliance with this Agreement and the Charter, Ordinances and Codes of the
City and in accordance with the directions, if any, of the Directors of the Transportation
and Public Works and Water Departments of the City, or his/her duly authorized
representative.
Encroachment Agreement
OFFICIAL RECORD
CITY SECRETARY
Ft WORTH, TX
Rage
3.
There shall be no encroachments in, under, on or above the surface area of the
Alleyway or Sanitary Sewer Easement, except as allowed herein or shown on the
heieinabove referred to Exhibit "A". The Improvements shown on Exhibit "A" that are
on conflict with the Sanitary Sewer Easement or Alleyway shall be maintained, re -built,
or repaired at the sole discretion of the Licensee and in accordance with this Agi eement.
4.
If the Licensee undertakes to perform additional construction, maintenance or
repair within the Alleyway or Sanitary Sewer Easement that requires the installation,
reinstallation, relocation, or repair of any public utility (gas, electricity, or telephone
service), such costs shall be born by Licensee and not by the City.
5.
City may enter and utilize the referenced areas at any time for the purpose of
installing or maintaining improvements necessary for the health, safety and welfare of the
public or for any other public purpose. In this regard, Licensee understands and agrees
that City shall bear no responsibility or liability for damage or disruption of the
Improvements installed by Licensee or its successors but City will make all reasonable
efforts to minimize such damage and take all reasonable steps to avoid disruption of the
Improvements. City shall erect barriers, as needed, to protect the Improvements from
damage.
6.
In order to defray all costs of inspection and supervision which the 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 executed a fee in the sum of $275.00.
7.
The term of this Agreement shall be for thirty (30) years, commencing on the date
this Agreement is executed by the City of Fort Woith This Agreement may be extended
for a further period by the agreement of the parties of their successors and assigns.
8.
It is further understood and agreed upon between the parties hereto that the
Alleyway (and not the Sanitary Sewer 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 public right -of way 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
Encroachment Agreement Page 2
legislative power to control the public right-of-way 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 Alleyway (and
not the Sanitary Sewer Easement) to be used for any other public purpose not currently in
use, whether presently contemplated or not, that this Agreement shall terminate after 60
days notice as to the Alleyway only, but only if the removal of the Garage is a necessary
requirement for the installation of the new public use. Even if this Agreement terminates
as to the Alleyway, the Agreement will survive as it relates to the Sanitary Sewer
Easement. The 60-day notice shall be provided via certified mail, return receipt
requested, to the Property address.
9.
Licensee understands and agrees that the granting of any encroachment hereunder
is not meant to convey to Licensee any right to use or occupy property in which a third
party may have an interest, and Licensee agrees that it will obtain all necessary
permission before occupying such property.
10.
Licensee agrees to pay promptly when due all property taxes provided for by any
federal, state or local statute, law or regulation.
11.
Licensee covenants and agrees that it is not acting 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 within the Alleyway and Sanitary Sewer Easement,
and all persons performing same, and shall be solely responsible for the acts and
omissions of its 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.
12.
LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES
HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS
OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST
ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS
AND/OR PERSONAL INJURY, INCLUDING DEATH, ARISING OUT OF OR IN
CONNECTION WITH THE CONSTRUCTION, MAINTENANCE,
OCCUPANCY, OR USE OF SAID IMPROVEMENT BY LICENSEE, ITS
AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS,
LICENSEES, OR INVITEES. LICENSEE SHALL LIKEWISE ASSUME ALL
Encroachment Agi eement Page 3
LIABILITY AND RESPONSIBILITY AND SHALL INDEMNIFY CITY FOR
ANY AND ALL INJURY OR DAMAGE TO CITY PROPERTY WITHIN THE
SANITARY SEWER EASEMENT OR ALLEYWAY ARISING OUT OF' OR IN
CONNECTION WITH ANY AND ALL ACTS OR OMISSIONS OF LICENSEE,
ITS AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS, LICENSEES, OR INVITEES.
13.
While this Agreement is in effect, Licensee agrees to furnish City with a
homeowner s policy declaration page, as proof that it has secured and paid for a
homeowner's policy 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:
$300,000.00
A copy of such declaration page is attached as attached as Exhibit "B" Licensee agrees
to submit a similar declaration page 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 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 city streets or alleyways.
14.
Licensee agrees to deposit with the City when this Agreement is executed the
amount of $34.00 to be used to pay necessary fees to record this Encroachment
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.
15.
Licensee covenants and agrees that it will not assign all or any of its rights,
privileges or duties under this contract without the prior written approval of the City
Manager or designee. Any attempted assignment without prior written approval will be
void.
16.
This Agreement shall be binding upon the parties hereto, their successors and
assigns.
Encroachment Agreement Page 4
EXECUTED this 02.7 day of innessetta
City
City of Fort Worth
By.
Ran tellarwo
Director
Planning and Development
ATTEST:
STATE OF TEXAS
2010.
Licensee
Linda A. Davis and Jack L. Davis
By:
Name: Linda A. Davis
By:
Name: Ja ` L. Davis
Approved As To Form And Legality
1
tORi
Assistant City Attorney
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COUNTY OF TARRANt '* %°o-4oo°
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BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on
this day personally appeared Randall 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 day of
, 20 .
Notary Public in and for the
State of Texas
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Encroachment Agreement Page 5
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 Linda A. Davis, 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 Linda A. Davis, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this o2 7 day of
Prfieotc--- , 20 I C
Notary Public in and r the
State of Texas
STATE OF TEXAS
COUNTY OF TARRANT §
t`.iNE\t't&' j , s.P t r. r....
o. RAE HYATT
J
‘tNotary Public
t t .
� � c S 'ATE OF TEXAS
1 V My Comm. rxp. jVQ (29'12
t
.• r-♦ v., T 7• r• r T.` ya
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared Jack L. Davis, 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
Jack L. Davis, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this .2 7 day of
Notary Public in and for t
State of Texas
k.
tWS it.n.rtt'i•LA-12%^ y: 5,%-`S
RAE HYATT
Notary Public
S /ATE OF TEXAS
My Comm. Exp. 12/09/2012
Encroachment Agreement Page 6
EXHIBIT 'TAT'
014..rt. No
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1538y10 GF No 1007911 RH
RATTIAN TITLE CGAK'ANY
UITCHEtt
PROPERTY GESCRiPTICN
(rlt7 atd 7 .. of tan wow to Y Lot 9 wnl 117 of La 15 ..alot II and (.uIQata le RtaA 15 Wows.ltgo
in Adobes o M Coy a Tel wan T,n In Carty In; pccao'g to P'arroP.P in wan 3M P.p 5 Dote Rocas a
Toney Gorey T...*
I Acuson. tore Co nl ron Wan siren How In.p 9•99 :047364 ,.r.try wont .r..e n n. 175 Av r.. .'a nr 70
Ong vasty oasam.'e ow 97n71.o07n7A DR IC
2315 MISTLETOE BOULEVARD
(CONTROL)
(NO 'Y'YEAS
EKR MORAL CONTROL t N
RECORD - 10000.
(BEARING ASSUMED) DUE EAST
99 84'
ND 1/2' 117
20. UTILITY (SUT
TOR SANITARY SEWER LWE
9787 / 5
LOT 57
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END 3' METAL FENCE/ MEAS.
POST IN CONC,
SCALE! 1" = 30'
N 89' 59' 32" W — 99.78'
RECORD — 100.001
MAGNOLIA AVENUE
WARNINGferny ae P.M acne.e ratty It. ir..4 via el lrr ton•nt Pert.. era lu H Gr
No sec stet atm, w'. •e'9t. u mosey I
coot Mi. server •041 ..c.toe ...ay w' OOM<I Ott • aNv u000
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SURVEYORS CEXOr1CATI*N
1. DAWO J. ROSE. Ruai uaD PROFESSIONAL LAND SURVEYOR HEREBY CERTIFY 71AT
71115 SURVEY WAS MADE ON THE GROIRD UNCUT MY SUMMON NO CORRECTLY SHOWS
THE BOUTDIAT LINE ND DDEOWONS Of THE INC INDICATED THEREON. AND THAT SAID
PROPERTY NAS ACCLSS 113 AND FROM A DEDICATED ROADWAY. SAX) PROPERTY BENG SUBJECT
TO ANY AND ALL EASEMENTS. RESQNATIONS NC RESTRICTIONS THAT MAY BE OF RECORD. N10 THAT
ONLY THE EASEMENTS SHOWN ON HE REFERDKED PUT OF RQORO ANO THOSE OF 74101 THE
SURVEYOR HAS BFDI GIVEN WREN N NOTICE FROM TREE COWART ARE MOAN ON TITS PUT.
SURVEYOR DO HOT ABSTRACT TWS PROPERTf AND REDES SOLELY ON THE TITLE WORK PROMO° 713
Hew FOR NOTICE OF ANY EASEMENTS WHICH MAY AFFECT T)C PROPERTY.
PRALINE
SURVEYING LTD.
www. prolinesurveyors.corn
Ph# 817-276-1 148 Info@prollnesurveyors.com
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EXHIBIT "B"
£-ZSJ
ALLSTATE TEXAS LLOYD'S
TEXAS
HOMEOWNERS
Home Office
Northbrook, IL
Insured :JACK DAVIS
Address :2315 MISTLETOE BLVD
City :FORT WORTH
Home Phone No.:817 - 924 - 9123
ADD MORTGAGEE/THIRD PARTY
Loss Payable Clause
Name : CITY OF FORT WORTH
Address: 1000 THROCKMORTON ST
City : FORT WORTH
CHANGE MORTGAGEE/THIRD PARTY
Second Mortgagee
Name : BANK OF TEXAS
Address: P 0 BOX 26908
City : OKLAHOMA CITY
Ilstat
You're in good hands.
CLASSIC
Calendar Date:10/06/2010
Policy Number: 216963766 11 / 25
St.: TX Zip Code: 76110
St.. TX Zip Code: 76102
Directory Code: 000422
St.: OK Zip Code: 73126
Conditions respecting Binder - Such insurance as may be bound by this service
request:
1. is afforded in reliance by the Company on the statements made by the
Insured;
2. shall be effective on the date, and at the time stated, but in no event
sooner than such date and time;
3. is subject to the terms. exclusions and conditions of the Company's
policy form and of the forms and endorsements approved for use with
such policy;
4. is limited to a period of thirty (30) days, beginning with the effective
date hereof and expires at12:01 A M. Standard Time with respect to the
designated property insurance policy on the last day of such limited
period; provided. however, that the Company may soonerterminate such
insurance by mailing to the Insured, at the address stated written
notice of rejection of this Service Request.
Page 1 of More
Home Office
Northbrook, IL
ALLSTATE TEXAS LLOYD'S
TEXAS
HOMEOWNERS
CLASSIC
Ilstat•.
You're in good hands.
Calendar Date:10/06/2010
Policy Number: 216963766 11 / 25
This request is subject to policy terms and is effective only if the policy
noted above is currently in force
Agent's Signature
SAR417-2
Effective12 : 01 AM 10 / 07 / 2010
018046 D76 817 370-1895
Agent # Location Agent's Phone #
G52-3
Page 2 of 002