HomeMy WebLinkAboutContract 44267 CITY SECRETARY
COWRACT
RIGHT OF WAY
ENCROACHMENT AGREEMENT
THIS AGREEMENT is made and entered into by and between the City o Fort
Worth, a municipal corpor t on. of Tarrant County, Texas, acting herein by and through
its duly authorized City Manager
Director of P'la n and Develop e.r t Dept er t here natter referred to .e 11�I ���
d :Everett K Van Meter & Joni Van Meter hereinafter referred to as "Lieensee11, owners
of the property located at 3600 Weste1iff Road North, Fart Worth,, Texas 76
("Property"').
AGREEMENT
For and 'in cons d.erat o of the paymer t y Licensee the �� yet � below ��d
the true and faithful performance of the mutual covenants h.ere n contained, City hereby
rants to Licensee permission to construct/ install and/or allow to remain,
Improvement(s) ( that encroaches,hes upon, uses and/or occupies portions of
the space under, on d/or above the streets, alleys, sidewalks and other public ri*ghts-of-
ay, such.Improve eats are described as follows:
Requesting an encroachment t q ffi fi een (15 in the ROW in the pro ecyted front
yard of`o new residence at 3600 Westclifif'Road North. The pr jecte ftont.yard far es
Alton. e propose t ► build a three (3)f6ot tall retaining wall, six f6ot till fence, tern
ftet, o inches(]0T) from the curb. This request mirrors other locations can the same
street and in,the same neighborhood.
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.
FOt!F.FFICIAL RECORD
CITy SECOMARY
nwoRTHTx
w
2012 ROW encroachment Agreement—Residential Page I of 1
2,
All construction, maintenance and operation m* 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
authorized representative. All plans and specifications, thereof shall be subject to the
prior tten approval of the Director of 'I"'ransportation, and Public Works, or his duly
authorized representative, but such approval shall not relieve Licensee of responsibility
and liability for concept, design and computation m preparation of such plans and
speci.15cations.
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 fights-ollway involved, except as described
herein and shown on the hereinabove referred to Exhibit"A".
4.
Licensee, at no expense to the City, shall make proper provisions for the
relocati,on and installation of any existing or future utilities affected by such
encroachment use and occupancy, including the securig 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, relocafion 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 deterriained by the Director of
Transportation and Public Works of the City,or his duly authorized representative.
2012 ROW Encroachment Agreement—Residential Page 2 of 10
City may enter and utilize the referenced area 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 regara, .Licensee understands, and agrees
that City shall bear no responsibility or liaNfity for damage or disruption of
improvements 'installed bly Licensee or its successors, but City will make reasonable
efforts to mm* imize such damage.
6.
In order to defray all costs, of i*nspection and supervision which City has *incurred
or will 'incur as a result of the construction, maintenance, inspect i 0 on or management of
the encroachments, and uses provided for by this Agreement, Licensee agrees to pay to
City at the time thl's Agreement is requested an application fee 'in the sum, of Two
Hundred Seventy-Five Dollars ($275.00)., Upon execution of' this Agreement and
annually th Brea fterl Licensee agrees topay a fee in the amount of$.56 per square/linear
foot of the encroachment area.
7.
The to of this Agreement shall be for thirty (3 0) years, commencing,on the date
this Agreement is executed by the City of Fort Worth., Provided however, this Agreement
shall terminate upon Lne non-compliance of any of the terms of this Agreement by the
Licensee. City shall notify Licensee of the non-compliance and if not cured within thirty
days thi's 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 fight-of-way and remove the Improvement
encroachm* g 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 they existing City specifications. It is understood and agreed to by
2 012 ROW Enc roar hment Agreement—Residenfial Page 3 of 10
Licensee that if this Agreement terminates and Ucensee fails to remove the
Improvement, Licensee hereby gives City per niission, 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
as descn*bed herein., are held by City trustee for the public; that City exercises such
y I
powers over the public fight-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-wa,y for the use and benefit of the
public. It is accordingly agreed that if the goveming body.of City may at any time during
the term hereof determine in Its sole discretion to use or cause or permit the night of way
to be used for any other public purpose, including but not being limited to underground,
surface ofoverhead commu "cation, samtary sewerage., transmission of natural
M I drainage.,
or electricity, or any ot-ner public purpose, whether presently contemplated or not, that
this Agreement shall automatically terniinate.
100
icon agrees, and acknowledges that this Agreement is solely for the purpose of
permitting Licensee to construct, maintain and locate the Jrriprovem tints, 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 perm fission before occupying such property.
IL
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.
2 012 ROW Encroachment Agreement-.-Residential Page 4 of 10
12.
Licensee agrees to pay promptly when due all fees, taxes or rentals provided for
by this Agreement or by any 1e,deral, state or local statute,, law orregulaton.
13,0
Licensee covenants and agrees that it shall operate hereunder as an independent
contractor as to all rights and pn*vi*leges 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
0
construed as creating a partnership or joint cnterpnse between City and Licensee.
1.4.
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 01-UT 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 INVIT'EES OF THE CITY; AND
LICENSEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR
SUCH CLAIMS OR SUITS. LICENSEE SHALL LIKEWISE ASSUME ALL
2012 ROW Encroachment Agreement Page 5 of'10
a
LIABILITY ILITY AND RESPONSIBILITY LITY AND SHALL INDEMNIFY MNIFY CITY FOR
ANY AND ALL INJURY OR DAMAGE TO CITY PROPERTY ARISING Off'
OF OR IN CONNECTION WITH ANY AND ALL ACTS OR OMISSIONS OF
LICENSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES, OR
150
While this Agreement 's in effect, Licensee agrees to furnish City with
Certificate of Insurance, as proof that it has secured and pad for a, homeowner's policy
related to the proposed use and occupancy of public property as located and, described in
xhib t`A". J'he 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 e
revised upward at the City's option and that the Licensee shall se revise such amounts
immediately after receiving notice to Licensee of such requirement.rement. Such. insurance
policy shy.ll provide that it cannot be cancelled or amended without at least ten days
tten notice to the Director of the Planning and Development Department or designee
of the City of Fort Werth.. A copy of such Certificate of Insurance is attac ked 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, hinds and obligates itself, 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 city streets or alleyways.
2012 ROW Encroachment Agreement—Residential Page 6 of
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 01 Fort Worth,
Texas
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 City
Manager or designee. Any attempted assignment without "1. 1
,prior wntten. approval will be
col.
ol,
190
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.
20 12 ROW Encroachment Agreement—Residential Page 7 of tO
U
EXE4CUTED this ay of . 20 .3
City Licensee
City of Fort Worth Everett K Van Meter a id
.Ioni Van Meter, n
B
y'
w By:
Randle Ha ooh Name, were K an Ater Owner
Director
Planning and Development
By:
Name n,* Van Meter, Owner
A T ES T.- + C Approved As To Form and Legal"
0
orr,IC,IAL RrrC0R')
elymy SF Y
.r,R5TAIt
FT
V1101tir"I TX
20,12.SOW E + aclu e. Agreement—Residential Page 8 of 1
STATE OF TEXAS §
COLTNTY OF TARRANT §
BEFORIE ME, the undersigneauthority, a Notary Ptiblic 'in and for the State of Texas,
on this day personally appeare own to me to be the person whose
name i's subscn'bed 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 stated
therein* stated.
A'
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
_)CVNAA 7 2 01 11
R. G. NAREZ
Not ry Public,state of Texas
M V C rr r),14,;c Notary Public in and for t e
,j()n Expires
Se pitember 10, 2013
State of Texas
2012 ROW Encroachment Agreement—Residential Page 9 of 10
.......... ............... .......... ...........................
STATE OF TEXAS §
COUN'"ry OF' TARR_ANrr §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared Everett K Van Meter and Joni, Van Meter, known
to me to be the perm 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 Everett K Van Meter and Joni Van Meter, and *in
the capacity therein stated.
GIVEN UNDER MY JAN AND SEAL OF OFFICE this '0
day of
20--l—L
7
71
f,
TETA M SCHU'LL
NOTAny PuBuc Notary Public in ftnd for the
STATE OF TEXAS
My C, OMM.EXP 7/1 W16
State of Texas
... .......
Nl
Notary Public in and for the
State of Texas,
2012 ROW Encroachment Agreement—Residential Page 10 of 101
.... ......... .........
A N M E T E R
3600 WeStcliff road north
TYPE "A", r, fart worth Ix 76109
P L 0 T
LOT lc3 ANID BLOCK 113
BELLAIRE ADDITION
TARRANT CO, TX
%
----------
ONGfR E�
4tp
\IVEWA
0 N,
7A
011
INN 'EN I NG-
V
'A
E�Y 0TViEW51
40T
"W_1
10
\0
x
N N\
FENCING,`-
J:�
t- ,,,Xllt.
15 1-2 111
CONCRETE
WALKWAY
C4 A�
..............
03,2
DRIVEWAY
WESTCLIFF FROAD,
EXI"llBlr','[' A III
II
w
_ n
w
r
I
n
AV
a�
ZIP 7 `
µ
,
nx
s's �
m
•r � awMNM
wl;7 V:w
—41 wrq-
r I
x � w
F
I
m
r-
u�..4& �......
ol
It 01)
e ,
s V
l
I
® uU
/
'f ro iii A
r f (r✓ mow+° /f�'r' i� ,
✓
YOr�� h ,;
i
vi r 'ui � ,✓�� T j �'^�'^U ,� ///// II(���p �
�" �� 'r ��' Y/ f r,aiuv,
U w
71
i
j i �� ✓/r,, ✓ rAJ%.'�'i„ ,,,,,:. v.j/ i'"�r,OJ,r'' �'” 'lu%/
0 ..
VD,r,
i' 1 ;,✓�' Ord J /��, , «r, i�l �� // r r cry„ �/��� /",
�' �/'( U� fir'U/ ,y / 'i(�� a/ � ✓�ii/
'
r,
9 � � My
Ov/
r
i, JrJ ✓. ��„f ,�D,f /wJlJ,lf�l:- '�/`/f„ J ,�y, ,✓. ,n
u �N
,ri,� ,.; ��'�,✓OR` '�Jisr�vo;,�
fi)<l%,;j T,�i,,.. r6,.. )! /�/ ,, .. f ✓ / i, /M, ✓,
Uw
of ✓:��rV�",'e l�k.
,f �
rnr' Ok ,A'ti'F,ii .p� �,,, ia�w,� �;,if,"' i� .`»llv /a ,fir✓ ,, �„ ,. rr�,,, /, nrn'""µ�,. �✓ur�
�,.. / >,i" �� "Ni ^gym✓„ ',.�.w�,, xii ,,�f,�,� /�4;p e � °
'goy
AIR
o
V }
e.
v
N
:.l lyYlir ;"�✓ i`, ''� �ni,".,° ,, .., ���,-� 7��,,, ,��,nP°' �v� ,%`.. 1, /���� 1.�� r;�,�,'' ,.� iVlrur. 1(p f
iQ�J!/1(S4 4 J M+
Wr�6,fM(Ati(Nka�ff `� 4,,
t i
i
„u H� w
fG �r N
i��✓.✓
n�
SOON
�,�r,/�./,/fe ,�f� f,,, r�r/,,,� ,f�i ar it; 1`i'Jr�/'/Jr �/✓ ii ,,; ao✓;
T%
y y,r irr lJ Trip ,'
/
N, m
i i
/
1
r /
r
/c /i Id
A
0,
fir oi„ ,lfGi
olmAll
/
raw
lla
l
J� ✓
"" �
p
i
i
I
»or%
r �
l
r
i
70
� r
d 1/..-. �rr,a +i � pig N'.„ r rFfy;°v ✓ J/'�`;,lJl ul p�)rg»;V P�,nf�;,%//r/%�,�� l,ty'/,"l,r,i J�':,
rl. �,�'/ � �� �;;i I, ,'„� '� i O,/e,gr,VO� �itl°� ��i�,%�,,,1,P 1 .✓'����/���4�a�'rf�, i�V<r,fab
r 1� "'� �' r, °0',awu, �, s %; ,' ��� r 11;,r ✓wNi, /%kii r / �
%a ,o, ', ; „. r =� ,• �„aC,"�,Vb��i„i�' ;.r ii I -..rur„>i'r��”m;'� �l�,"i
i "A!
�,/ ,-t�,, ,;, � � „'r;i, �rod ��,:. �"�!'�j ° �i� arr",.,. �i,' ✓/ �i i�j��. i;:;% lJ��."/r//e�/�i�rl/„1 /r �' `�1
i�;� �" ,,,,�id,;'�� in�? ,.��,� N ,� �,. „�11'ii, ✓ f rig ri � � �,�'�' ;�i;,�r/9/,/If
y, J� wr�„' '�i � 31 u„,...,, r raw A• , ,,,,„��I ,iro, ,.,,s 'j° J�
i w � „r; �:Ib" k„,<, u c,,.�, r, 1 f}rm� v✓wo'�,. >'l��„/r� ��nsS;�'icil, � 6 ;/%r,''�/rr,
w;.- �gel,' �,, f j'� a-,,,"1,` r'; �,a; !i 1 I,e• „�7I}�,:' ,��:rr�/� f-/S�i ,,i/�/ „%e»"�, p/ �w ,'!„sl
ii
(. ��.✓�r, I �air:I ,'� '�, � Ir." � �, �/
,n,IIF "
F�iY
, JJ
i �� �,f w. „ ;: l r, ,..,, r,.n„ ,�au z�, , 3iy""f�➢ r//,...���,, �Y,'' ?
y.",bi,,,tip �, ;, l l� i l� /l 1�.. ✓mf r �.„,� i rl �, ,"wG,
a r✓/ ,,.,
�'�,Gg r" M ;,
�� r� a, i1.,r;�
ii
✓, lv �I.. rip,"", ,.��;, ,.eh » „ .. ;,,,",; i--, ,�;�. �%,r. „i� ,/G/ yif, %�," L i r(,?.. %,1'� ',���r,� g�; ,
alt F, r""J w
V//'„/4 ��,
Diu
Vl �, ,�s I ,��, ,(,,hr r::al :%i✓',r i(
,
, �? 1
i.
<6
,� l ,.
v,
tia r1h �
If
i
a '
y <x
RI O
i
r: 6
it
r W, �y fI
a
f ,
jr, �. ,i
"
a
i. ,4✓i v
i
y
„tiiw' r J ��L ,�` �:. ',.,. ,. ,,,.,, k, ,.. �, r.. „�" »i' f � '.,r „r " rrr ✓1 ahuw
H ry( ur „3
», r
a,
faja4
r b ri
or
AX M1 I� Pr>
/
pv
f
Ai loon Vw' ,,, .. w 'o r ;, r IN �Jr)�o rvmV V4oV'1°��" 'i 1DIi mti�ro IVIp of �t
" ^ y i V dh i �, I I 1�i�u�uiuuuuui�
w
d
I �
/� i rr
. f
V
i
nn �
lip
"w1r ,,, am �,r f l>'✓�tirh�t7��%""�'
,nNrraA �aVVIfNtl'duu � 7 ��"�
II �
4
�n
I
I
r r
i
d
rv+ �
,
f
m,
h
rr
J „
r
v
r
i I
r r,
r r r
r r p
r
J i
r
J ;
"�'
I
1 I'
,, •i », n,:� '�. ,' it �.,; 'n �0 w"w, y,,...,,. % � ,�r41V;'a „n,,.. »�„' „” r„
.V iV ri,i /.,. 1:! �„v'^�✓` i�,r,:;,” %, d n: ,' ,:.. .. .1 ,,,"' '",�.i1'iV ',� "�r ,�� � r' m
0
m�Vllll� �
r'
V
o"
e
u ,
8�.
W;
6� ill
n r
J
y !a
r
/r r'
c
l� r
rf kgr' f�"", drr
r
I I
v ,
u{p
Vim'...
ACCAdY EVI'DE,N,CE, OF PROPERTY, DATE(MWDONYYY)
THIS EVIDENCE OF P"ROP"ERTY INSURANCE CE 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 ENCE P INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE
ISSUING INSURER(S),,AUTHORIZED REPRESENTATIVE OR PRODUCER,AND TIE DDfTIONAL INTEREST.
Insurance Solutions
1800 N Norwood Dr#100 American Zurich Insurance Company
Hurst,TX 76054
Agent_Curtis Farrar
J"�MAIL
�.
No .,....,. -ADORF.
CODS � .
..m µ mm_.. ...,..�...
INSURED LOAN NUMBER POLICY NUMBER ,..
Everett Van Meter BR7152111
3600 Westcliff Rd North EFFECTIVE DATE EXPIRATION DATE CONTINUED UNTIL
Fort Worth,TX 76 11.09 11/20/2012 11/20/20,13 'TERMINATED IF CHECKED
e
THIS REPLACES PRIOR EVIDENCE DATED:
PROPERTY INFORMATION
3600 Westdiff Rd North
Fort Worth,TX 76109
�,..-� �+.uavmwanmuuvwwu
THE POLICIES OF INSURANCE CE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING G ANY RFQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT W9H
' RESPE T TO WHICH THIS
EVIDENCE E PROPERTY INSURANCE MAY BE ISSUE R MAY PERTAIN,THE INSURANCE AFFORDED B' E POLICIES
DESCRIBED HEREIN IS
SUBJECT TO;ELI.THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES_LIMITS SHOWN'MAY HAVE BEEN REDUCED 13Y PAID CLAIMS-
COVERAGE INFORMATION
+»,wnwwmw
Puil�l r�P'r N overage Form ww. $1,000
Any One Building Or Structure $59!8,000
NI Covered Property at a10'Locations $598,000
REMARKS JLncludinq S cIaI Conditions)
EXHIBIT
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 MORTGAGE E ADDITIONAL INSURED
it f N�►r��c LOS' PAYE Certificate Holder
LOAN#
AUTHORIZED REPRESENTATWE
„
CORD 2,7 2009/12 �D 1 993-2009 ACORD"CO kPORATION.All rights reserved.
The A,CORD name and Iogo are registered marks of CORD