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HomeMy WebLinkAboutContract 41132CITY SECRETARY CONTRACT NO.� \3a _, 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 DAVID L. DODSON., hereinafter referred to as "Licensee", owner of the property located at 713 Edgefield Road, Fort Worth, Texas 76162 ("Property"). RECITALS WHEREAS, Licensee is the owner of certain real property described as Block 20, Lot 4, Crestwood Addition, an addition to the City of Fort Worth, Tarrant County, Texas as recorded in Volume 1544, Page 209, of the Real Property records of Tarrant County, Texas ("Property"); and WHEREAS, the City has a fifty (50) foot raw water 36" 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 portion of a residence (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 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 1 1 1-18-1 0 PO4 : 55 IN on the City's Easement beyond what is specifically described in the exhibit(s) 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 hncroachment, 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. 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 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 KIND OR CHARACTER, ARISING OUT OF OR IN CONNECTION WITH, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, EXISTENCE OR LOCATION OF SAID ENCROACHMENT AND USES GRANTED HEREUNDER, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART BY THE NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, 3 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. 8. 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 Casement. 9. 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 attorney's fees. 10. 4 Fernando Costa, .e?"‘amon `''sue Asst. City Manag,e Oat ca J -1 4( -, -cc i3 aZa St . NO r'`.0REQUIRED -cal -- - ATTEST: Attested by: Marty Hendrix,rty Secretary og 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(1_ City City of Fort Worth By• - -- Ate QOA00,: (kit � l o0 4)% _Q$0 ,1 al co "S" tivg-47'exiNsbee bere- Licensee By: Name: Title: , 20 111..,w.-r> Approved As To Form a RPPf, . OV 5 RM /A i OFFICIAL RECORD CITY SECRETARY Ft WORTH, TX ATTO LEGALITY: ASSISTANT CITY ATTORNEY Texas, on this day personally appeared City Secretary Assistant City Attorney STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a Notary Public in and for the State of LS (2os 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 flO\JtrM'4' , zo to f§”1::74, °aleS tP LINDA M. HIRRLINGER MY COMMISSION EXPIRES Maw/ 2, 0014 gn \hat 04A day of Notary Public in and for the State of Texas 6 STATE OF TEXAS COUNTY OF TARRANT BFFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared l )3 c4 so n , 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 UDDER MY HAND AND SEAL OF OFFICE this 24+4` day 4/i to r ,20 k0 . Nota �tpAY o GINGER J. LOPEZ Notary Public * - . * STATE OF TEXAS �Q4'a 3 v My Comm, Exp, 06/06/2012 t ate o exas LOT 40 BLOCK 20 CRESTWOOD ADDITION FORT WORTH, TARRANT COUNTY, TEXAS ROCKWOOD PARK DRIVE ffPP ra x - tocort, 0 105, 61' 5' UTILITY ESMT, ham.) W p- r Angi ^l 20' GONG, DRIVEWAY 1 3-10 3/i6" 4' CONC. WALKWAY RESIDENCE r J 2O'/CONC. RIvEWA 31-6 r, nII 113 ED&EFIELD ROAD PLOT PLAN - / SCALE : 1" = 20'- O" / As fi Atli WATER PIPE SY CITY OF t WORTW / r Pal Estate Property Data Page 1 of 2 TAD Menu TAD eAccess I Value Notice I '` Homestead Exemption App Portal Tarrant Appraisal District Real Estate 11/18/2010 Account Number: 00665177 Georeference: 8810-20-4 Property Location: 713 Edgefield Rd, Fort Worth Owner Information: Dodson, David L & Jody L PO Box 16232 Fort Worth Tx 76162-0232 2 Prior Owners Legal Description: Crestwood Addition B1k 20 Lot 4 Taxing Jurisdictions: 026 City of Fort Worth 099 Regional Water District 220 Tarrant County 224 Tarrant County Hospital Dist 225 Tarrant County College Dist 905 Fort Worth 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. Show Available Homestead Exemptions a' Printable Version I MapQuest Certified Values for Tax Year 2010 Land Impr 2010 Total** Market Value $125,000 $5,900 $130,900 Appraised Value* $125,000 $5,900 $130,900 1,310 Approximate Size*** Land Acres 0.0000 0 Land SqFt t 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 Appraised Impr Appraised Total Market Land Market Impr Market Total Tax Year XMPT Appraised Land $5,900 $130,900 $125,000 $5,900 $130,900 2009 000 $125,000 2008 000 $125,000 $5,900 $130,900 $125,000 $5,900 $130,900 2007 000 $60,000 $104,100 $164,100 $60,000 $104,100 $164,100 2006 000 $60,000 $58,900 $118,900 $60,000 $58,900 $118,900 2010 Notice Sent: 04/30/2010 Exemptions: None Property Data Deed Date: 03/02/2010 Instrument: D210057156 Year Built: 1943 Pct Complete: 100 TAD Map: 2036 400 Protest Deadline: 06/01/2010 Class:006 State Code: Al Single Family Garage Bays:01 Central Air: Y Central Heat: Y Pool:N http://www.tad.org/Datasearch/re.cfm?Account=%28%2E%210LJ%2D%286J%20P%20... 11/18/2010 Real Estate Property Data Page 2 of 2 MAPSCO: 061V Agent: None TAD Home Report Questions and Comments Website Updated: 11/15/2010 Property Data Updated: 11/18/2010 Tarrant Appraisal District © 2010 All rights reserved. http://www.tad.org/Datasearch/re.cfm?Account=%28%2E%210LJ%2D%286J%20P%20... 11/18/2010