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HomeMy WebLinkAboutContract 54370 Date Received: 09/01/2020 City Secretary Time Received: 1:18PM Number: 54370 EASEMENT ENCROACHMENT LICENSE AGREEMENT Commercial 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, Assistant City Manager, or Development Services Director, and ALL STORAGE AVONDALE, LLC, a limited liability company ("Licensee'},owner of the real property located at 13210 FM Road 718 Fort Worth, Texas 76179 ("Property"), acting by and through its duly authorized representative, RECITALS WHEREAS, Licensee is the owner of certain real property situated in the City of Fort Worth, Tarrant County, Texas, more particularly described it,. the attached Legal Description of the Property, attached as "Exhibit C" and incorporated herein for all purposes; and WHEREAS, the City has a water easement (the "Easement")in the Property as shown on the map attached to this Agreement as"Exhibit A," which is incorporated herein for all purposes; and WHEREAS, Licensee desires to construct, place, and/or maintain certain improvements which will encroach in, on, above, or below the City's Easement; and WHEREAS, to accommodate the needs of the Licensee, the City will allow 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 Licensee, hereby grants permission to Licensee to encroach in, on, above, or below and occupy a portion of the City's Easement as described in and at the location shown on Exhibit A,but only to the extent shown thereon, for the purpose of private storm drain crossing a public water line easement(the "Encroachment"). Upon completion of the Encroachment, Licensee agrees to be responsible for maintaining the Encroachment within the Easement. Easement Enc oachment Agreement-Commercial Page 1 of 12 Revised 4/2020 OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX Licensee shall not expand or otherwise cause the Encroachment to further infringe in or on City's Easement beyond what is specifically described in the exhibit(s) attached hereto. 2. All construction, maintenance, or operation in connection with such Encroachment, use, and occupancy shall comply and be performed in strict compliance with this Agreement and with the Charter, Ordinances, and Codes of the City, and in accordance i with the directions of the Director of the Transportation and Public Works Department or the Director of the Water Department, or their duly authorized representative. Prior to the construction of the Encroachment, Licensee shall submit all plans and specifications to the applicable Director or duly authorized representative. Licensee shah not commence construction of the Encroachment until such approval shall be indicated in writing by the applicable Director or authorized representative. 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, at no expense to the City, shall make proper provisions for the relocation and installation of any existing or future utilities affected by such Encroachment, use,and occupancy, including securing the approval and consent of the appropriate utility companies and agencies of the State and its political subdivisions, In the event that any installation, reinstallation, relocation, or repair of any existing or future utility or improvements owned by or constructed by or on behalf of the public or at public expense is made more costly by virtue of the construction, maintenance, or existence of the Encroachment and use,Licensee shall pay to the City an additional amount equal to such additional cost as reasonably' determined by the Director of Transportation and Public Works or the Director of the Water Department, or their duly authorized representative. 4. Licensee agrees that the 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, or for any other public purpose. The City shall bear no responsibility or liability for any damage or disruption or other adverse consequences resulting from the Encroachment installed by Licensee, but the City will make reasonable efforts to minimize such damage. 5. Upon termination of this Agreement, Licensee shall, at the option of and at no expense to the City, remove the Encroachment and restore the Easement to a condition acceptable to the Director of Transportation and Public Works or the Director of the Water Department, or their duty authorized representative, in accordance with then- Easement Encroachment Agreement-Commercial Page 2 of 12 Revised 4/2020 existing City specifications. It is understood and agreed to by Licensee that if this Agreement terminates and Licensee fails to remove the Encroachment as directed and restore the Easement,Licensee hereby gives the City permission to remove the Encroachment and any supporting structures and assess a lien on the Property for the costs expended by the City in taking such actions. i 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 requested an application fee of in the sum of Five Hundred Dollars ($500.00). 7. The term of this Agreement shall be for thirty (30)years,commencing on the date this Agreement is executed by the City. However,this Agreement may be terminated upon Licensee's noncompliance with any of the terms of this Agreement. City shall notify Licensee in writing of any noncompliance and if not cured within thirty (30) days, this Agreement shall be deemed terminated, unless such noncompliance is not susceptible to cure within thirty (30) days, in which case this Agreement shall be deemed terminated in the event that Licensee fails to commence and take such reasonable steps as are necessary to remedy the noncompliance within thirty (30) days after written notice specifying the same, or having so commenced, thereafter fails to proceed diligently and with continuity to remedy same. 8. It is further understood and agreed between the parties hereto that the Easement to be used and encroached upon is held by City as trustee for the public; that City exercises such powers over the Easement as have been delegated to it by the Constitution of the State of Texas or by the Texas Legislature; and that City cannot contract away its duty and its legislative power to control the Easement 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 Easement to be used for any other public purpose that does not preclude the use of the Encroachment on the Property, including but not being limited to underground, surface, or overhead communication, drainage, sanitary sewerage,transmission of natural gas or electricity, or any other public purpose, whether presently contemplated or not, that the parties agree to negotiate in good faith in order to accommodate the Encroachment and the public purpose. 9. LICENSEE COVENANTS AND AGREES TO INDEMNIFY,AND DOES HEREBY INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS OFFICERS, Easement Encroachment Agreement-Commercial Page 3 of 12 Revised 4/2020 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,WHETHER REAL OR i ASSERTED, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, EXISTENCE, OR LOCATION OF THE ENCROACHMENT 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. 10. While this Agreement is in effect,Licensee agrees to furnish City with a Certificate of Insurance naming City as certificate holder as proof that it has secured and paid for a policy of public liability insurance covering all public risks 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 $1,000,000 with the understanding and agreement by Licensee that such insurance amounts may be revised upward at City's option and that Licensee shall so revise such amounts immediately following notice to Licensee of such requirement. Such insurance policy shall not be canceled or amended without at least thirty (30) days prior written notice to the Building Official of the City. A copy of such Certificate of Insurance is attached as "Exhibit B" and incorporated herein for all purposes. Licensee agrees to submit a similar Certificate of Insurance annually to the City on the anniversary date of the execution of this Agreement. Licensee agrees, binds, and obligates itself and its successors and assigns to maintain and keep in force such public liability insurance at all times during the term of this Agreement and until the removal of the Encroachment and the cleaning and restoration of the Easement. All insurance coverage required herein- shall include coverage of all Licensee's contractors and subcontractors. 11. Easement Encroachment Agreement-Commercial Page 4 of 12 Revised 4/2020 Licensee agrees to deposit with the City when this Agreement is executed a sufficient sum of money to be used to pay necessary fees to record this Agreement in the real property records of Tarrant County, Texas. After being recorded, the original shall be returned to the City Secretary of the City of Fort Worth. 12. Licensee agrees to comply fully with all applicable federal, state, and local laws, statutes,ordinances, codes,and regulations in connection with the construction, operation, and maintenance of the Encroachment and uses. 13. Licensee agrees to pay promptly when due all fees,taxes,or rentals provided for by this Agreement or by any federal, state,or local statute, law, or regulation. 14. 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. 15. 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 Easement and is not a conveyance of any right, title, or interest in or to the Easement, nor is it meant to convey any right to use or occupy property in which a third-party may have an interest. Licensee agrees that it will obtain all necessary permissions before occupying such property. 16. In any action brought by the City for the enforcement of the obligations of the Licensee, the City shall be entitled to recover interest and reasonable attorneys' fees. 17. Easement Encroachment Agreement-Conmiercial Page 5 of 12 Revised 4120-0 The parties agree that the duties and obligations contained in Section 5 shall survive the termination of this Agreement. 18. Licensee covenants and agrees that it will not assign all or any of its rights, privileges, or duties under this Agreement without the written approval of. the City, and any attempted assignment without such written approval shall be void. In the event Licensee conveys the Property, Licensee may assign all of its rights and obligations under this Agreement to the new owner of the Property, and Licensee shall be deemed released from its duties and obligations hereunder upon City's approval in writing of such assignment, which approval shall not be unreasonably conditioned or withheld. Foreclosure by a secured lender of Licensee or assignment to a secured lender by Licensee in the event of default or otherwise shall not require City approval provided that said lender notifies City in writing within sixty (60) days of such foreclosure or assignment and assumes all of Licensee's rights and obligations hereunder. However, no change of ownership due to foreclosure or assignment to any secured lender of Licensee shall be effective as to City unless and until written notice of such foreclosure or assignment is provided to City. 19. 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. 20, This Agreement shall be binding upon the parties hereto and their successors and assigns. 21. This Agreement may be executed in multiple counterparts, each of which shall be considered an original, but all of which shall constitute one instrument. Easement Encroachment Agreement-Commercial Page 6 of 12 Revised 4/2020 i 6 City: Licensee: CITY OF FORT WORTH ALL STO AVONDALE,LLC, A Texas U d 'ability companvil Li By: DJHfA By: DJ Harrell, Director Name: Mar cDowell Development Services Department Title: Manager Date: Aug za,2020 Date: August 20,2020 p4000 ATTEST: �aoF FORToa� Approved As To Form and Legality A moo �O��P dvo o=d PPS*000 A pa a ma y(] �e� �EXASo4p rv9IWr MA,gla, Marc Murry(nug�i,iam ia:aT CDT Mary Kayser,City Secretary FWBC Sec. 3210 City Secretary's Office Matthew A. Murray, Assistant City Attorney City Secretary's Office Contract Compliance Specialist: By signing 1 acknowledge that 1 am the person Responsible for the monitoring and administration Of this contract, including ensuring all performance And reporting requirements. Lurie Lewis(,Aug 21,202C 11:59 CDT; Laurie Lewis Interim Development Manager OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX Easement Encroachment Agreement-Commercial Page 7 of 12 Revised 4/2020 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.J. Harrell, known to me to be the person whose name is subscribed to,the foregoing instrument, and acknowledged to me that he 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 28th day of August 20 20 LAURIE Digitally signed by LAURIE PEQUENO LEWIS PEQUENO LEWIS Date:2020.08.2817:31:27 PRYPG6 LAURIE PEQUENO LEWIS 05'00' _ n Notary Public + + STATE OF TEXAS Notary Public in and for the State of Texas NT GGGVVV Q Notary I.D. 132278952 My Comm.Exp.Dec. 10,2023 After recording return to: Development Services Department Development Coordination Office 200 Texas Street Fort Worth, Texas 76102 OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX Easement Encroachment Agreement-Commercial Page 8 of 12 Revised 4/2020 fE t OKLAHOMA STATE OF TEXAS- § COUNTY OF TA RANT § CANADIAN BEFORE ME, the undersigned authority, a Notary Public in and for the State of Mark McDowell,Manager Oklahoma ,on this day personally appeared (-Ale) known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes and consideration therein expressed, as All Storage Avondale,LLC,a Texas limited liability company, the act and deed of and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ZJ- day of 20 Zv `'.�.KEPL;HN,, 4 pt.4R�:CF. -Sz #t5002701 g N 1EXp 03(23J231 Notary Public inYanfor the State of Oklahoma OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX Easement Encroachment Agreement-Commercial Page 4 of 12 Revised 4/2020 EXHIBIT A Map of Easement and Encroachment Easement Encroachment Agreement-Commercial Page 10 of 12 Revised 4/2020 i N o o w w / / C w O Q ' Z 'y t d = N w pN Q C7 r� x 0 M mr4 UN U) _ � w � � 20 O �co , Z Q 79 3 y a O. o < N- ON dz ■ U � o °3 g O v�j � ol l�s ri 00 a r%) (7 C = Q CJ C) U iV U- Q Z © � l ° � da. �J w 1 z L) ►--� f G w M ~Q ' U ' LL _ � d od z UUW d � C) "0_~ ter. �- 0 w �W y U °� m z >°m a w w 0-} avaa.. 0o O tLit0x J aUa Jh O� f Q X Z 0 aw I I N > 7 C3 61 I 'ID L 0LL ti*� W X co O � c2Mz J .-j Z (D w Oz — Q W C) d O < T m �` �ui �u O CO 3� J 0 tL a aw =1i a 0' Waaf � ��; 9 O O �� 0 a 0- ILL LL ; H � y � o f E+ sa6owl 6mp,Zasogd—al!sx 6mp,wjolsx 6mp-pinx 6mp-al!sx 6mp-Apugx 6mp-VjO-1199X :s!ajX wdob:b OZOZ/9/L [(Z 40 L 133H5)NVId NRV/A]6mp•sl!w!l lu3wgeoo�Du3—V3\V3\sl!q!gx3\poO\IlalsoH alopuony a6oJOlq ]IV — AO/O6ZL90\Io!0—/d13\:N :al!A �- C1' o Q o N � CZA �� o w ? 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O, VA r l GO Mii Zj c LLJ JpJ>�y O ��fV' b�s3'Lb O � a i - W Z a O OCLw Y EIV QM { W W ►-� ey x � w w > CC) ca as O E� d °3 w sa6owl 6mp�yoso s!amodx fiMp•y�p—�;ggX sya�X wd84:b OZOZ/B/L [d-N Al!u!�fj 6mpXlM-!A i!P!Vx3—V3\V3\sl!a!gx3\Po0\41alsoH aIDP—V @BDJO;g Iltl —90LO6ZL90\I!^!7 M"\:?I :.I!d EXHIBIT B Certificate of Insurance _ i Easement Encroachment Agreement-Commercial Page 11 of 12 Revised 4/2020 i EXHIBIT C Metes and Bounds or Location Description of the Property Easement Encroachment Agreement-Commercial Page 12 of 12 Revised d/2020 LEGAL DESCRIPTION EASEMENT ENCROACHMENT BEING a 300 square foot (0.0069 acre) tract of land situated in the G.S. Rall Survey, Abstract No. 1801, City of Fort Worth, Tarrant County, Texas; said tract being part of that tract of land described in Special Warranty Deed to All Storage Avondale, LLC described in Instrument No. D216241627, Official Public Records of Tarrant County, Texas; said tract being more particularly described as follows: COMMENCING at a TxDOT monument found in the west right-of-way line Saginaw Boulevard (U.S. Highway No. 287) a variable width right-of-way); from said point a 3/8-inch iron rod with "RPLS 1529" cap found for the north corner of said All Storage Avondale, LLC tract bears North 17°38'50" East, a distance of 123.83 feet; said point being the beginning of a curve to the right having a central angle of 2'23'18", a radius of 5670.00 feet, a chord bearing and distance of South 16'27'11" East, 236.33 feet' THENCE along said curve right, a distance of 236.35 feet to the POINT OF BEGINNING; said point being the beginning of a curve to the right having a central angle of 0°12'08", a radius of 5670.00 feet, a chord bearing and distance of South 15°09'28" East, 20.00 feet; THENCE along said curve to the right, an arc distance of 20.00 feet to a point for corner; THENCE South 74°44'27" West, departing the said west line of Saginaw Boulevard, a distance of 15.00 feet to a point at the beginning of a non-tangent curve to the left having a central angle of 0°12'09", a radius of 5655.00 feet, a chord bearing and distance of North 15°09'27"West, 20.00 feet; THENCE in a northwesterly direction, with said curve to the left, an arc distance of 20.00 feet to a point for corner; THENCE North 74°44'27" East, a distance of 15.00 feet to the POINT OF BEGINNING containing 300 square feet or 0.0069 acres of land. NOTES Bearing system and coordinates are based on the Texas Coordinate System of 1983(2011 adjustment), North Central Zone (4202). A survey plat of even survey date herewith accompanies this metes & bounds description. The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing description accurately sets out the metes and bounds of the easement tract described. EASEMENT ENCROACHMENT OFT G.S. RALL SURVEY, �P`�G1STE ABSTRACT NO. 1801 MICHAEL C. BILLINGSLEY REGISTERED PROFESSIONAL ...............................* CITY OF FORT WORTH TARRANT COUNTY, TEXAS LAND SURVEYOR NO. 6558 MICHAEL CLEO BILLINGSLEY 801 CHERRY STREET, l UNIT 11 SUITE 1300 :0�0 6558o�P�. Kimley* Horn FORT WORTH, TEXAS 76102 q� .. E S S� .. o 801 Cherry Street,Unit 11.#1300 Tel.No.(817)335-6511 PH. 817-335-6511 S R Fort Worth,Texas 76102 FIRM#10194040 www.kimley-horn.com Scale Drawn by Checked by Dale Project No. Sheet No. michael.Billingsley@kimley-horn.com 1"=N/A CRG MCB 6/4/2020 061290708 10F1 BILLINGSLEY,MICHAEL 6/4/2020 3:28 PM K:\FTW_SURVEY\061290708-ALL STORAGE AVONDALE HASLET0WG\061290708-ALL STORAGE AVONDALE HASLET_ENCROACH M ENT.DWG NORTH 3/8"IRFC"RPLS i \ 1529"(C.M.) 0 30 60 2 v N vi GRAPHIC SCALE IN FEET \ \� 4- SG 3 LINE TABLE G.S. RALL SURVEY, \ �� ABSTRACT NO. 1801 \\ o O CnG NO. BEARING LENGTH TXDOT MON L1 S74'44'27"W 15.00' FOUND(C.M.) yJ N ?J L2 N74°44'27"E 15.00' 'O' \ C—P, Q CALLED 5.7938 ACRES \ ALL STORAGE AVONDALE, LLC \ (INST. NO. D216241627) \ \ � o CURVE TABLE \ 0 1 u�,\i a NO. DELTA RADIUS LENGTH CHORD BEARING CHORD \\ 6'X"�'Co'o n C1 0°12'08" 5670.00' 20,00' S15°09'28"E 20.00' \ "' C2 0°12'09" 5655.00' 20.00' N15°09'27"W 20.00' \ \ WATER EASEMENT \ (BY SEPARATE INSTRUMENT) \ A LEGEND EASEMENT \\ P.O.B.=POINT OF BEGINNING P,O,B P.O.C.=POINT OF COMMENCING ENCROACHMENT \ IRFC=IRON ROD WITH CAP FOUND 0.0069 ACRES \ C.M.=CONTROLLING MONUMENT INST.NO.=INSTRUMENT NUMBER 300 SQ. FT. \ LZ NOTES: n N Bearing system based on the Texas Coordinate System of 1983 (2011 adjustment), North Central Zone (4202). A metes and bounds description of even survey date \ herewith accompanies this survey plat. The undersigned, Registered Professional Land Surveyor, hereby certifies that this survey plat accurately sets out the metes and bounds of the encroachment tract. EASEMENT ENCROACHMENT OF TF G.S. RALL SURVEY, ABSTRACT NO. 1801 MICHAEL C. BILLINGSLEY REGISTERED PROFESSIONAL ...............................� •�* CITY OF FORT WORTH TARRANT COUNTY, TEXAS LAND SURVEYOR NO. 6558 MICHAEL CLEO BILLINGSLEY 801 CHERRY STREET, "`•'•""""""'�'•'�" UNIT 11 SUITE 1300 0� 6558 Per Kimley* Horn FORT WORTH, TEXAS 76102 1 %PESSY) o 601 Chevy Street,Unit 11,#1300 Tel.No.(817)335-6511 PH. 817-335-6511 S R Ey Fort Worth,Texas 76102 FIRM#10194040 mm.kinnley-horn.conn Scale Drawn by Checked by Date Proiect No. I Sheet No. Michael.bilIingsley@kimley-horn.com 1•=60' 1 CRG I MCB 1 61112021) 1 0612/0708 2of2 BILLINGSLEY,MICHAEL 6/4/2020 2:59 PM K:\FTW_SURVEY\061290708-ALL STORAGE AVONDALE HASLET\DWG\061290708-ALL STORAGE AVONDALE HASLET_ENCROACHMENT.DWG