HomeMy WebLinkAboutContract 54915 Date Received: Nov 24, 2020 City Secretary
Time Received: 12:40 PM Number: 54915
EASEMENT ENCROACHMENT LICENSE AGREEMENT
Residential
THIS AGREEMENT is made and entered into by and between THE CITY OF FORT
WORTH ("City"), a home rule municipal corporation of Tarrant County, Texas, acting by and
through its duly authorized City Manager, Assistant City Manager, or Planning and Development
Director, and Michelle and Kevin Lemmons ("Licensee"), owner of the real property located at
8205 Winter Falls Trail , Fort Worth, Texas 76053 (the "Property"), more particularly
described in the attached Legal Description.
RECITALS
WHEREAS, Licensee is the owner of certain real property situated in the City of Fort
Worth, Tarrant County, Texas, more particularly described in the attached Legal Description of
the Property, attached as "Exhibit C"and incorporated herein for all purposes; and
WHEREAS, the City has an utility 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 the Licensee,hereby
grants permission to the 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
Easement Encroachment Agreement- Residential OFFICIAL RECORD Page 14 of 14
CITY SECRETARY Revised 04/2020
FT. WORTH, TX
shown thereon, for the purpose of installing 40 linear feet of 2' encroachment in to the utility
easement for the construction of a swimming pool (the "Encroachment"). Upon completion
of the Encroachment, Licensee agrees to be responsible for maintaining the Encroachment within
the Easement. 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.
2.
All construction,maintenance,or operation in connection with such Encroachment,use,or
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 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 shall 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.
Easement Encroachment Agreement- Residential Page 14 of 14
Revised 04/2020
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, abandon-in-place 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 duly authorized representative, in accordance with then-existing City specifications. It is
understood and agreed to by Licensee that if this Agreement terminates and Licensee fails to
abandon-in-place the Encroachment as directed and restore the Easement, Licensee hereby gives
the City permission to remove the Encroachment and any supporting structures, restore the
Easement, and assess a lien on the Property for the costs expended by the City in taking such
actions.
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 Five Hundred Dollars (S500.00).
Easement Encroachment Agreement- Residential Page 14 of 14
Revised 04/2020
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 upon 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
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, AGENTS,
SERVANTS, EMPLOYEES, AND ELECTED OFFICIALS FROM AND AGAINST ANY
AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS ANDIOR
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
Easement Encroachment Agreement- Residential Page 14 of 14
Revised 04/2020
FLOCATION OF SAID ENCROACHMENTS 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 as proof that it has secured and paid for a homeowner's insurance policy 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 the following:
$300,000
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, binds, and obligates itself and 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 Easement. All insurance
coverage required herein shall include coverage of all of Licensee's contractors and
subcontractors.
11.
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
Easement Encroachment Agreement- Residential Page 14 of 14
Revised 04/2020
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
described 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 permission before occupying such
property.
Easement Encroachment Agreement- Residential Page 14 of 14
Revised 04/2020
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.
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 contract 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.
Easement Encroachment Agreement- Residential Page 14 of 14
Revised 04/2020
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.
[SIGNATURES APPEAR ON THE FOLLOWING PAGE]
Easement Encroachment Agreement- Residential Page 14 of 14
Revised 04/2020
City: Licensee:
CITY OF FORT WORTH Michelle and Kevin Lemmons
1
By: , By: r
DJ Harrell,Director Name: Michelle Lemmons
Development Services Title: Homeowner
By: _ -
Name: Kevin Lemmons
Title: Homeowner
Date: Nov 24, 2020 Date:
1
ab44oRr��a
ATTEST: F p ° °°°°°° � Approved As To Form and Legality
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°°°°°°°°°°°°°ACY Mal-I-hew Murray
aTEx Ac-�b4p aanew Mu..av(wao,aoao isso csT,
�nnRd'64�' -
Mary Kayser, City Secretary FWBC Sec. 3210
City Secretary's Office Matthew A. Murray
Assistant City Attorney
Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this contract, including ensuring all performance
and reporting requirements.
Lazu^ae-
Laurie Lewis
Interim Development Manager
Easement Encroachment Agreement-Residential OFFICIAL RECORD Page 14 of 14
Revised 04/2020
CITY SECRETARY
FT. WORTH, TX
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 DJ Harrell, Director,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 24th day of November
2020.
Jenn fer L Digitally signed by Jennifer L
Ezernack
Ezernack Date:2020.11.24 10:43:13-06'00'
YA�e�, JENNIFER L. EZERNACK
Public in and for the State of Texas = Notary Public
Notary * � * STATE OF TEXAS
Notary I.D. 130561630
OF
My Comm. Exp, Mar. 1, 2024
After recording return to:
Planning&Development
Development Coordination Office
200 Texas Street
Fort Worth, Texas 76102
Easement Encroachment Agreement- Residential OFFICIAL RECORD Page 14 of 14
CITY SECRETARY Revised 04/2020
FT. WORTH, TX
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 Michelle and Kevin Lemmons,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 the act and deed of and
in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this f 84day of UV. , 20 .
Notary Public in and for the AMU M WO&M
State of
Easement Encroachment Agreement- Residential OFFICIAL RECORD page 14 of 14
CITY SECRETARY Levised 04/2020
FT. WORTH, TX
EXHIBIT A
Map of Easement and Encroachment
Easement Encroachment Agreement- Residential Page 14 of 14
Revised 04/2020
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EXHIBIT B
Certificate of Insurance
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Easement Encroachment Agreement- Residential Page 14 of 14
Revised 04/2020
Exhibit B
ALLSTATE VEHICLE AND PROPERTY INSURANCE COMPANY Calendar
Date: 10/29/2020
Home Office Policy Number: 836334839 05/25
Northbrook, II_inois
Insured KEVIN AND MICHELLE L LEMMONS
Address 8205 WINTER FALLS TRAIL
City FORT WORTH St. : TX Zip Code: 76053
ADD MORTGAGEE/THIRD PARTY # 2
Additional Interested Party
Name: CITY OF FORT WORTH PLANNING & DEVELOPMENT - CFA OFFICE P1120-00131
Address: 200 TEXAS STREET
City: FORT WORTH
State: TX
Zip: 76102
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, heginning with the effective date
hereof and expires at 12 : 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 sooner terminate such insurance by rraili_ng to the
Insured, at the address stated, written notice of rejection of this Service Request.
THIS REQUEST IS SUBJECT TO POLICY TERMS AND IS FFFECTIVF ONLY IF THE POLICY NOTED
ABOVE IS =RRENTLY IN FORCE
Effective 03 : 54 P.M. 10/29/2020
Policyholder' s S_gnature
Page 1 of 2
+ 836334839ZZZZZZOA3233AR417TX1 +
ALLSTATE VEHICLE AND PROPERTY INSURANCE COMPANY Calendar
Date: 10/29/2020
Home Office Policy Number: 836334839 05/25
Northbrook, Il_inois
Insured KEVIN AND MICHELLE L LEMMONS
Address 8205 WINTER FALLS TRAIL
City FORT WORTH St. : TX Zip Code: 76053
CHRIS REINCE OA3233 VCH (817) 310 - 0564
Agent/Agency Name Agent # Location Agent' s Phone
AR417
Pace 2 of 2
+ 836334839ZZZZZZOA3233AR417TX2 +
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EXHIBIT C
Metes and Bounds or Location Description of the Property
Easement Encroachment Agreement- Residential Page 14 of 14
Revised 04/2020
Exhibit C
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EASEMENT
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NOTES
BEARINGS ARE BASED ON PLAT,
al - CONTROLLM4 MNVMENT,
TWIS SURVEY ts NOT AFFECTED BY T14E FOLLC44ING,
(Pois)-eAsEmmr, VOL. 6752, PG. 213q, D.R.T.C.T, so 40
M
T1415 JURVEY 15 VALAD gNLY WITH ORIGINAL SICNATURE IN 86ACK.LNK, %EALz iN rmmrr
TM M 70 D=AU that an this data a survey was made On the FWAM, Under any dbuctlon and wAperTjdan of
UMtMt,,Y 1—t0d at NOS VMMM TRAIL.TRAIL.. and Being Lot a. Mock 20. LMS W RIPERTRAUB. an addMan
to �y of Port Worth. Tarrant CwAnty. Tex". according to the plat recorded in aMnet A. Slid* 10M. PlatTarrant County. Tinsa,
Thaw we DO VWbic coufflelle or prarusiona, accept as shown.
MW 00154 PPVPWq W— to U* within the limits Of & 100-year flood hazard zone according to the amp
published bY the Fbildr2l, MM2ft�&!G§MvWAUL Agency. and bag a Zone W p^Uug as phawn by Map No.
2 :. dated AUGUSTMat4mont that the property does or do" not.Is within & SCO-year
Zlood none to not to be taken as a representation that the pro or will not flood, This vArvoy is not to
be used for ecustra*tion purposes and is for the ascluxive use of named Purchaser, mortgop
=M=uUs Company only and this VUrvey In =ads pursuant to that one certain tidy commitment under
shown horem provided by the title company named hereon and that this data the agamcallg,
rights- - other locatable matters of record of which the undgreign&d has kAwt&dg0 or has been "Flood
am as=cr no berevia.
9 7BY. PAM
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J.T. TNOLPSON
DAM 05/03/06 4004
06/02/00
SEXUAIRA TrU. MC. a Res
JOB NO, ail -2M 'TICK: DA CIF No. 06120-cw
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Mi Precise
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40M EAMM DEFY; IMMM TICM 75149 OW RM�. SimiU4. "M WOO MAR 7
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