HomeMy WebLinkAboutContract 43561 (2)J re fl
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EASEMEM JKNCRO CHMENT 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, or designee and Fort Worth Transportation Authority, hereinafter refelTed to as
'Licensee", owner of the property located at 1500 East Berry Street ("Property").
RECITALS
WHEREAS, Licensee is the owner of certain real property described as BR1,
Block 1, Jim Ellis Industrial Addition, an addition to the City of Fort Worth, Tarrant
County, Texas as recorded in Instrument: D212174813, Plat A, Drawer 4, of the Deed
records of Tarrant County ("Property"); and
WHEREAS, the City has a 17'-6" utility 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 bus passenger shelter (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.
1
(ini,11CWAL RECORD
CITY SECRETARY
"b 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 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.
2
4.
The Licensee further agrees that City shall have the absolute right at its discretion to
teinninate 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, as permitted by law, 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 THE FULLEST EXTENT
PERMITTED BY LAW AND THE TEXAS CONSTITUTION, TO INDEMNIFY,
AND DOES, TO THE FULLEST EXTENT PERMITTED BY LAW AND THE
TEXAS CONSTITUTION, 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
3
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, TO THE FULLEST EXTENT PERMITTED
BY LAW AND THE TEXAS CONSTITUTION, 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 perfoiuiing 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
respondent 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
Easement.
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.
4
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 = AdaY of
City of Fort Worth
By: c _} CI
a i1dic II
Or 0
Director, Planning and Deve
ATTEST:
City Secret
d
I
, 2012.
Fort Worth Transportation Authority
By:
or
Name: Richard L. Ruddell
t Title: President/Executive Director
0
0
0
p � q 0 00 A� %.
i ` p ,cr Syl is M. Hartless, General Counsel
Approved As To Form and Legality
n
\AK- LC V irarQk
Assistant City Attorney
NO M&C REQUIRED I
proved As To Form and Legality
L cofe (14Y
-®_
OFFICI ECOR
CITY SECRETARY
fl tt9�'
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned .authority, a Notary Public in and for the State of
In Alt Am o-C-12
Texas, on this day personally appeared -Randle i 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.
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GIVEN UNDER MY HAND AND SEAL OF OFFICE this
te lekee-r, 2012.
■ 1 I
IRMA SAENZ
Notary Public
STATE OF TEXAS
My Comm. Exp. Jan. 28, 2016
in) K_1)
Notary Public in and for the State oTexas
cim
day of
6
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 Richard L Ruddell, 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
,2012.
DETRA DIANNE WHITMORE
MY COMMISSION EXPIRES
AO 22, 2013
day
Notary Public in and for the State of Texas
7
SHELTER
(TYP)
1-10" _
F OUNUATION/R0(5r LINE
ENCROACHMENT
1'
BASE F SHELTER
ENC RbACHMENT
Q
175'
UTILITY
EASEMENT
BERRY STREET
R.O.W.
b II II'J ORANANO IS ILSO t IIAN 2O'T JA'II 19 A IttAWJLED NUE DRAWING
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SCkC IN FEEL
SIERRA VISTA
TRANSIT PLAZA
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SHEET TITLE
UTILITY EASEMENT
ENCROACHMENT
LAYOUT
SHEET NO.
N/A
•••••rnalsai at&t
August 14, 2012
Mr. Kenneth G. Frost, Vice President/Project Management
Fort Worth Transportation Authority
1600 East Lancaster Avenue
Fort Worth, TX 76102
Re: Encroachment Permission Letter
Sierra Vista Plaza Utility Easement
Fort Worth, TX
Dear Mr. Frost:
AT&T Texas
13845 FAA BLVD
FORT WORTH, TX 76155
T: 972.647.1287
F: 817.338.5106
Your request to have the roof line of a bus passenger shelter encroach l'-10" into a 17'-6" Utility Easement
has been reviewed by our Outside Plant Engineering Department. We have no objections to the future
encroachment. In the event Southwestern Bell Telephone Company should have a need to utilize that
portion of the utility easement, the property owner would be responsible for removal or relocation of the
encroachments. You will need to make any necessary utility locates prior to construction. Please note that
this letter does not release or abandon the utility easement in any way. Should you have any questions,
please feel free to contact me at 817-267-1904.
Sincerely,
Frank Huneycutt
Manager -Engineering (ROW)
cc: Carmen Eddington
energy
August 7, 2012
Mr. Ken Frost
Vice President/Project Manager
Fort worth Transportation Authority
1600 East Lancaster Ave
Fort Worth, Texas 76102
Encroachment Letter - Sierra Vista Transit Plaza Utility Easement
1500 East Berry Street
Fort Worth, Texas
Dear: Mr. Frost:
Atmos Energy has reviewed the encroachment request and is giving written notice to
proceed with the Sierra Vista Transit Plaza in this location.
If you have questions, please contact me at (817) 215-4704.
Sincerely,
Bob Davison
Project Manager
Atmos Energy Corporation
Address, City, State ZIP
P 000-000-0000 F 000-000-0000 atmosenergy.com
Tharter
Kenneth t. t. t ru',t
I'rc'iticnt: Project NIilil;l!cr
Fort Worth I r•Iportation \lt(lu'i-tt\•
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lost I Fort \\ orth I C\a*
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Il;it-t`'I c)lllllll1111C:lll01K ha—: no conflict. or ol?iccti�_'ll �� itll the ai-TllCJtloil citct'c_1aC(1 on the
easement_ at the also\ c mentioned pro t\ .
SIIlc�.'1eI\.
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August 22, 2012
Fort Worth Transportation Authority
Attn.: Ms Sam Mitchell
1600 East Lancaster Avenue.
Fort Worth Texas 76102
ONCOR Electric Delivery
1616 Woodall Rodgers
3M-030
Dallas, Texas 75202-1234
Tel: 214 486-3208
Fax: 214 486-2460
Jim Thomas, SR/WA
Senior Right of Way Agent
Re: Request to encroach within a 17.5 foot platted utility easement with a 'portion of a bus
passenger shelter" located at 1500 East Berry Street (also known as Lots BR1 and BR2,
Block 1 Jim Ellis Industrial Addition), in the City of Fort Worth, Tarrant County, Texas.
Oncor Request No. 2012 - 281.
Dear Ms. Mitchell:
Oncor Electric Delivery Company has reviewed your request for the encroachment into a
17.5 foot platted utility easement with a "portion of a bus passenger shelter" located at the property
of 1500 East Berry Street, in the City of Fort Worth, Tarrant County, Texas. At this time, Oncor does
not object to the encroachment of a "portion of a bus passenger shelter". Oncor will maintain the
right to have free and clear access to and within the 17.5 foot platted utility easement recorded in
Instrument Number D212174813, TCDR, for any improvements or operations on any Oncor facilities
located on the property now or in the future.
It is not the intent of this letter to waive any rights granted to Oncor in said easement except
to permit the encroachment of a "portion of a bus passenger shelter' set out hereinabove and as
shown on the attached Exhibit "A'. Also, this letter is not intended to release the builder of this
'portion of a bus passenger shelter", or the present owner, or future owners of the property from any
liability arising out of the location of this "portion of a bus passenger shelter" in the easement.
Owner agrees to and shall indemnify hold harmless and defend Oncor, its officers, agents
and employees, from and against any and all claims, demands, losses, costs, damages, causes of
action, suits and liability of any kind, including all reasonable expenses of litigation, court cost and
attorney's fees, for injury to or death of any person, or for damages to Owner's property or to any
other property, arising out of or in any way resulting, directly or indirectly, from or incident to any
activity, or condition connected with, Owner's use of the easement the operation or existence of
Oncor's facilities on the easement or their proximity to the Improvements or Oncor's failure to cause
Owner to remove the Improvements, including but not limited to, such claims, demands, causes of
action, suits and liability resulting from the sole or concurrent negligence strict liability or other fault
of Oncor.
This letter may be used as Oncor Electric Delivery Company's approval to allow the
encroachment of a "portion of a bus passenger shelter' within the platted 17.5 foot utility easement
as mentioned above
Sincerely,
Jim Thomas, SR/WA
Senior Right of Way Agent
cc: Fred Garza / Distribution Support Manager
File Request # 2012 -- 281