HomeMy WebLinkAboutContract 47266 (2)<raj4 56-=
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RECEIVED
N 0 30 2015
ellst Of FORT CM
,1TY SECRETARY
RIGHT OF WAY
ENCROACHMENT AGREEMENT
(RESIDENTIAL)
CITY SECREUb\3Y
CONTRACT \rfl
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 Director of Planning and Development Department, hereinafter
referred to as the "City", and Robert and Kathleen Fain) hereinafter referred to as
"Licensee", owner(s) of the property located at 1425 Fairmount Ave. 76104 .
("Property").
AGREEMENT
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,
Improvements) ("Improvement") that encroaches upon, uses and/or occupies portions of
the space under, on and/or above the streets, alleys, sidewalks and other public rights -of -
way, such Improvements) are described as follows:
To construct a garage that would align with all other structures on the
block,encroaching two feet into the alley way.
The location and description of said Improvement and the encroachment 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 in connection with such
Improvement, use and occupancy shall be performed in strict compliance with this
Agreement and the Charter, Ordinances and Codes of the City and in accordance with the
directions of the Director of Transportation and Public Works of City, or his duly
2014 ROW Encroachment Agreement —Residential
:4-_:CRETARY
(1))r-VP H IL RECORD
FT. WORTH, TX
Page 1 of 11
authorized representative. All plans and specifications thereof shall be subject to the
prior written approval of the Director of Transportation and Public Works, or his duly
authorized representative, but such approval shall not relieve Licensee of responsibility
and liability for concept, design and computation in preparation of such plans and
specifications.
3.
Upon completion of construction and installation of said Improvement and
thereafter, there shall be no encroachments in, under, on or above the surface area of the
streets, alleys, sidewalks and other public rights -of -way involved, except as described
herein and shown on the heremabove referred to Exhibit "A".
4.
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 the securing of approval and consent from
the utility companies and the appropriate 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 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 such encroachment and use, Licensee shall pay to City an
additional amount equal to such additional cost as determined by the Director of
Transportation and Public Works of the City, or his duly authorized representative.
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
improvements installed by Licensee or its successors, but City will make reasonable
efforts to minimize such damage.
2014 ROW Encroachment Agreement —Residential Page 2 of 11
6.
In order to defray all costs of inspection and supervision which 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 in the sum of Three
Hundred Twenty -Five Dollars ($325.00). Upon execution of this Agreement and annually
thereafter, Licensee agrees to pay a fee in the amount of $.56 per square/linear foot of the
encroachment area.
7.
The tent of this Agreement shall be for thirty (30) years, commencing on the date
this Agreement is executed by the City of Fort Worth. Provided however, this Agreement
shall terminate upon the non-compliance of any of the tents of this Agreement by the
Licensee. City shall notify Licensee of the non-compliance and if not cured within thirty
days this Agreement shall be deemed terminated.
8.
Upon termination of this Agreement, Licensee shall, at the option of City and at
no expense to City, restore the public right-of-way and remove the Improvement
encroaching into the public right-of-way, to a condition acceptable to the Director of
Transportation and Public Works, or his duly authorized representative, and in
accordance with then existing City specifications. It is understood and agreed to by
Licensee that if this Agreement terminates and Licensee fails to remove the
Improvement, Licensee hereby gives City permission to remove the Improvement and
any supporting structures and assess a lien on the Property for the costs expended by the
City to remove such Improvement.
9.
It is further understood and agreed upon between the parties hereto that the public
rights -of -way, alleys, sidewalks ("public right-of-way") to be used and encroached upon
2014 ROW Encroachment Agreement —Residential Page 3 of 11
as described herein, are 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 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 right of way
to be used for any other public purpose, including but not being limited to underground,
surface of overhead communication, drainage, sanitary sewerage, transmission of natural
or electricity, or any other public purpose, whether presently contemplated or not, that
this Agreement shall automatically teiuiinate.
10.
Licensee agrees and acknowledges that this Agreement is solely for the purpose of
permitting Licensee to construct, maintain and locate the Improvements over or within
the described public right of way and is not a conveyance of any right, title or interest in
or to the public right of way 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 permission before occupying such property.
11.
Licensee agrees to comply fully with all applicable federal, state and local laws,
statutes, ordinances, codes or regulations in connection with the construction, operation
and maintenance of said Improvement, encroachment and uses.
12.
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.
13.
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,
2014 ROW Encroachment Agreement —Residential Page 4 of 11
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.
14.
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, TO ANY AND ALL
PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR
ASSERTED, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR
INDIRECTLY, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE,
EXISTENCE OR LOCATION OF SAID IMPROVEMENT AND
ENCROACHMENT AND USES GRANTED HEREUNDER, WHETHER OR NOT
CAUSED, IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS, LICENSEES 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 ANY AND ALL ACTS OR OMISSIONS OF
LICENSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES, OR
TRESPASSERS.
2014 ROW Encroachment Agreement —Residential Page 5 of 11
15.
While this Agreement is in effect, Licensee agrees to furnish City with a
Certificate of Insurance, 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
with the understanding of and agreement by the Licensee that such amounts shall be
revised upward at the City's option and that the Licensee shall so revise such amounts
immediately after receiving notice to Licensee of such requirement. Such insurance
policy shall provide that it cannot be cancelled or amended without at least ten (10) days
written notice to the Director of the Planning and Development Department or designee
of the City of Fort Worth. A copy of such Certificate of Insurance is attached as attached
as Exhibit "B" Licensee agrees to submit a similar Certificate of Insurance 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 terin of this
Agreement and until the removal of all encroachments and the cleaning and restoration of
the city streets or alleyways.
16.
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 Consent
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
2014 ROW Encroachment Agreement —Residential Page 6 of 11
17.
In any action brought by the City for the enforcement of the obligations of
Licensee, City shall be entitled to recover interest and reasonable attorney's fees.
18.
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 Planning
and Development Director. Any attempted assignment without prior written approval
will be void.
19.
THE PARTIES AGREE THAT THE DUTIES AND OBLIGATION
CONTAINED IN PARAGRAPH 8 SHALL SURVIVE THE TERMINATION OF
THIS AGREEMENT.
20.
This Agreement shall be binding upon the parties hereto, their successors and
assigns.
EXECUTED thisla day of
/14,ConfrOd
IMP
2014 ROW Encroachment Agreement —Residential Page 7 of 11
City
City of Fort Worth
By:
Randle Harwood
Director
Planning and Development
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ATTEST:
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City Secr tary
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Licensee
Robert and Kathleen Fain
sy: X eaSars TCUM
Name: Robert Fain
By: c.:05(
Name: Kathleen Fain
Approved As To Form and Legality
Assistant City Attorney
MFFICIAL ECORD
CITY SECRETARY
F'1'. WORTH, TX
2014 ROW Encroachment Agreement Residential
Page 8of11
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 Randle 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.
q if/
GIVEN DER MY HAND AND SEAL OF OFFICE this day of
it, d
AM:17!CASSANDRA F, FOREMAN
. <. Notary Public, State of Texas
i' :.• My Commission Expires
ki),
' ' �`� ptil 26, 2417
-Se
Notary Public in and for the
State of Texas
OFF1CIAL. RECORD
CITY SECRETARYJ
Ft WORTH, TX
2014 ROW Encroachment Agreement —Residential Page 9 of 11
•
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 Robert Fain, 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 Robert Fain , and in the capacity therein stated.
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GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
Claat-L 1
20 i C
IRENE EUMBETH ARtAENDAREE
My Cortmasion blahs
May 5, 2018
Notary Public in and for the
State of Texas
sNCUE inglr
2014 ROW Encroachment Agreement —Residential Page 10 of 11
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 Kathleen Fain, 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 Kathleen Fain, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this=
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i316" ME E AAMENDAREZ ,
Canflsskn E ras
lay 5, 2018
44'
10
L or L State of Texas
ret-elt
day of
Notary Public in and for the
OFFICIAL RECORD
CITY SECRETARY
IF'T, HHORTH, TX
2014 ROW Encroachment Agreement Residential
Page 11 of 11
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EXISTING GARAGE
ON ADJACENT
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EXISTING PROPERTY
r- _ _ _i LINE 499,98'
I PROPOSED DETACHED o
I GARAGE
L 372 SF
12-8"
NEW
ADDITION
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EXISTING HOUSE
1,316 SF PER TAD
CITY WALK
C. PORCH
40'-1"
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179
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EXISTING PROPERTY
LINE ID.9T 0
FAIRMOUNT AVE
EXISTING SITE PLAN
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W. MYRTLE ST.
EXHIBIT A
1425 FAIRMOUNT
FORT WORTH, TX
•
luistuilsoast
Reference No:
Owner.
1510121425
FAIN
PROPERTY DESCRIP11ON
Lot 17, Block 2, THE JOHNSON SUBDIVISION, an Addition to the City of Fort Worth, Tarrant County, Texas,
according to the Map or Plat thereof recorded in Volume 63, Page 61, Deed Records of Tarrant County,
Texas.
NOTE: This survey was prepared without title work or abstract research. Only easements which are shown
on the plat of record are depicted on this survey. Survey subjectto any and all easements that may be of
record.
END. tije
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PROPERTY WS AOCE3S'10 MD FROM _A MIMED ROADSIIY. SAD PROPORY BEl1O SW EC=
TO ANY APD ALL rommems, RIDIENCOLLS AM TESTRCEIONS THAT WAY BE OF MORD, NC
TINT ONLY THE EMQSITS SWIM ON THE RFFERDCCED PLAT OF RECORD, MILE EASSEN S
AND THOSE OF WHICH THE RWANDA HAS BEM OMEN SERIN NOTICE FROM mu COWAN
ARE SHOW ON MIS PULL SURVEYOR DO NOT ABSTRACT THIS PROPERTY. THIS SW MS
PIDIFORIED EXCLUSIVELY FLO THE TITLE DO!~ MITCHATER SHOW NO =NED
FOR OPE SMILE USE THIS SUTNEY SILL DE VOID F USED BY Nff CTITER PERSON OR FOR
ANY OTHER PURPOSE SURER* BEIRS NO RESPONSIBILITY FOR SAS U.
PR LINE
SURVEYING LTD.
www proffnesurveyors.com
Ph# 817-276-1148 info@proiinesurveyors.com
PralineSurveying, LTD. 2015
CNDM •AD UnUDES
FENCE
BRICK
WOOD DECK
CONCRETE
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This survey is hereby
accepted and approved.
Purchaser
Purchaser
Date
S067E FIRM REIES1RWION NUMBER 10103757
mom D. MR pry 10/13/15
SURVEY ONLY VALID PATH OAIONAL SIONATURE
ACR
THIS EVIDENCE OF PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE
ADDITIONAL INTEREST NAMED BELOW. THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE
COVERAGE AFFORDED BY THE POLICIES BELOW. THIS EVIDENCE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE
ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE ADDITIONAL INTEREST.
EVIDENCE OF PROPERTY INSURANCE
AGENCY PHONE
fAFC. No_ ExO:
7 EDDIE BERMEA
6252 MCCART AVE
FORT WORTH, TX 76133
817-294-7400
IA/c. No: 817-210-4366
CODE:
AGENCY
CUSTOMER ID #:
INSURED
E-MAIL
ADDRESS:
ROBERT FAIN
4308 HILDRING DR E
FORT WORTH, TX 76109-5404
PROPERTY INFORMATION
LOCATION/DESCRIPTION
1425 FAIRMOUNT AVE
FORT WORTH, TX 76104-4233
EDDIE@EDDIEBERMEA.COM
SUB CODE:
COMPANY
LOAN NUMBER
EFFECTIVE DATE
EXPIRATION DATE
03/02/2015 03/02/2016
THIS REPLACES PRIOR EVIDENCE DATED:
DATE (MMJDD/YYYY)
11/09/2015
NAIC #
POLICY NUMBER
93-CS-H041-1
CONTINUED UNTIL
TERMINATED IF CHECKED
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
EVIDENCE OF PROPERTY INSURANCE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS
SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
COVERAGE INFORMATION
COVERAGE/PERILS/FORMS
A -DWELLING
DWELL EXT
B-PERS PROP
C-LOSS RENT ACTUAL LOSS
L-BUSN LIAB
M-MED/PERSN
GEN AGGREGT
REMARKS (Including Special Conditions)
TOTAL ANNUAL PREMIUM $1,728.00
EXHIBIT B
AMOUNT OF INSURANCE DEDUCTIBLE
220,000.00 5%
22,000.00
11,000.00
300,000.00
1,000.00
600,000.00
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE
DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
ADDITIONAL INTEREST
NAME AND ADDRESS
CITY OF FORT WORTH
1000 THROCKMORTON ST
FORT WORTH, TX 76102-6311
ACORD 27 (2009/12)
MORTGAGEE
LOSS PAYEE
LOAN #
AUTHORIZED REPREtENT
X
ADDITIONAL INSURED
ADDITIONAL CERTIFICATE HOLDER
1993-2009 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
1004363 142988.1 01-28-2013