HomeMy WebLinkAboutContract 44591 (4)cr°� s����� L
��6'6�4CT �l�o �� � L.
EASEMENT ENCROACHMENT LICENSE AGREEMENT
Residei�tial
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 ("City"), and James Wright, hereinafter referred to as "Licensee", owner of the
property located at 3013 Beaver Creelc Drive, Fort Worth, Texas 76177 ("Property").
RECITALS
WHEREAS, Licensee is the owner of certain real property described as (legal
description of property), an addition to the City of Fort Worth, Tai7•ant County, Texas as
recorded in County Clerlcs Instrument No. D212067048 of the Real Property records of
Tarrant County ("Property"); and
WHEREAS, the City has a 5 foot wide d��ai�zage 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 and maintain pool equipment
(the "Encroachment") and 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 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.
�
�
ti
�
c.Z
�
�
�
�
>
w
U
W
�
The City, in consideration of the payment by the Licensee of the fee set out below
and covenants and agreements hereinafter contained, to be lcept 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 for the
purpose of pool equipment (the `Bncroachment")
Encroachment, Licensee agrees to
2012 Easement Encroachment Agreement -Residential
Upon completion of the
,�
�F'�MCw�A�. ���tt��8�d
�IT�t $E��tE'��R�� �
�'1'.'�1I��t'�a6,'�'�:� �
!�'age 1 of 9
be responsible for maintaining any and all st�-uctures and buildings within and above the
Easement. Lieensee shall not expaild or otherwise cause the Encroachment to further infi•inge in
or on the City's Easement Ueyond what is specifically described u1 the exhiUit(s) attached
het•eto.
2.
All const►uction, maintenance and operation in connection with sucli Encroachment, use
aud occupaiicy shall comply and Ue performed in strict cotnpliance with the Charter, Ordinance
and Codes of the City and in accordance with the directions of the Dit•ector of the
Transportation and Public Works Department or the Director of the Water Department of
City, or his duly authorized representative. Prior to the C0115LCUCt1011 of the Encroachmerit,
Licensee shall subcnit all plans and specifications to tlie applicable Director or his duly
authorized representative. Licensee shall not commence constiuction of the Encroachment until
such approval shal) be indicated in writing by the Director. However, such approval shall not
relieve Licensee of responsibility and liabiliry for concept, design and computation in the
pi-eparation 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 necessaty 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 the Encroachment uistalled by Licensee, but Ciry will make
reasonable efforts to �ninimize such damage. In the event that any installatiorl, reulstallation,
relocation or repair of any eYisting or fuhu-e utility or iulpi•ovements owned by, constructed by
or on behalf of the public or at public expense is made more costly by vu-tue of the constiuction,
maintenance or existence of the Encroachment and use, Licensee shall pay to City an additional
amount equal to such additional cost as reasonably deterinined by the D'u•ector of
2012 Easement Eucroachmeut Agreement -ResideutialPage 2 of 9
Transportation and Public Works or the Director of the Water Deparhnent of the City, or his
duly authorized representative.
4.
In order to defi•ay all costs of inspection and supervision which City has incurt�ed or will
inctu- as a result of the construction, maintenance, inspection or management of the
encroachments and uses provided for by this Agree�nent, Licensee agrees to pay to City at the
time this Agreement is requested an application fee in the sum of Two Hundred and Seventy
Five Dollars ($275.00). Upon execution of this Agreemeut and annually thereafter, Licensee
agrees to pay a fee in the amount of $.56 per square/linear foot of the encroaclunent area.
Q
The term of this Agreement shall be for thirty (30) years, cornmencing on the date this
Agreetnent is executed by the City of Fort Worth. Provided however, this Agreetnent shall
terminate upon the 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 this Agreement
shall be deemed tertninated.
6.
It is further understood and agreed upon between t�ie parties hereto that the easements
to be used and encroached upon as described herein, are held by City as ttustee 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 Ciry caimot contract away its
dury and its legislative power to control the easement for the use and benefit of the public. It is
accordingly agreed that if the goveining body of City may at any time during the term hereof
determine in its s�le discrekion to use or cause or permit the right of way to Y�e used for any
other public purpose, that does not preclude the use of the Encroachment on the Property for a
office building or activities related thereto, including but not being limited to underground,
surface of overhead commutucation, drainage, sanitaiy sewerage, transmission of natural or
electricity, or any other public pui-�ose, whether presently contemplated or not, that the parties
2012 Easemeut Encroaclunent Agreement -ResidentialPage 3 of 9
agree to negotiate in good faith in order to accommodate the Encroachment and the public
purpose.
�
LIC�NSEG COVGNANTS ANU AGRGCS TO INllGMNITY� ANll llOES H�REBY' INUGA1NiFY� HOLll
HARri1LE55 ANll DEFENll CITY� 1TS OFFICERS� AGENTS� SERVANTS� EMFLOYEES ANll ELECT�ll
OFTICIALS FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAi1fAGE OR LOSS
ANDJOR PERSONAL INJURY� INCLUDING DEATH� TO ANY ADiI) ALL FERSONS� OF WHATSOEVER HIND
OR CHARACTLR� ARISING OOT OF OR IN CONNECTION R'ITH� THL+ CONSTRUCTION� A4AINTENANCE�
OCCUPANCY� [JSE� EJ�ISTENCE OR LOCATION OF SAID ENCROACHMENTS ANb USES GI2ANT�D
HEREUNDER� WHETHER OR NOT CAUSED� IN WHOLE OB IN PART� BY THE NEGLIGENCE OF
OFFICERS� AGENTS� SERVAN'PS� EMPLOYEES� CONTRACTORS� SUBCON'PI2ACTOR3� LICENSEES�
ELECTED OFFICTALS OR TNViTEES OF THE CTTY� AND LTCENSEE HEREBY ASSTIn1Es ALL LiABiLTTY
.4ND RESPONSiBILITY FOR SUCH CLAi114S OR SUITS. LICENSEE 5HALL LIKGWISG ASSUME ALL
LIABILiTY AND RtiSPON5IBiLiTY AND SHALL INDCNfNiTY CITY FOR ANY AND ALL iNJURY OR
UAMAGG 7'O CITY PROP�RTY .4RISING OUT OF OR IN CbNNGCTION WiTH THE �NCROACHMGNT5
ANll ANl' ANU ALL ACTS OR OMISSiON5 OF LiC�NS�G� iTS OTFICGRS� AGGNTS� SGRVANT5�
�A4PLOY�GS� CONTRACTORS� SUBCONTRACTORS� LICENSGES� OR INVITEES.
F'�
While this Agreement is in effect, Licensee agrees to furnish City witli a Certificate of
Insurance, namiug City as cei-ti�cate holder, as pr•oof 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 properry as located and described in Exhibit "A". The amounts of such insurance shall
be not less than the followiug:
$3U0,000
with the tuiderstanding of and agreement by Licensee that such insurance amounts shall Ue
revised upward at City's option and that Licensee shall so revise such amounts immediately
following notice to Grantee of such requirement. Suc1► instu•ance policy shall provide that it
cannot be cauceled or amended without at least ten (10) days prior written notice to the
2012 Easement Encroaclunent Agreement -ResidevtialPage 4 of 9
Building Official 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 amliversary date of the execution of this Agreement.
Licensee agrees, binds and obligates itself, its successors and assigns, to maintain and
keep in force such public liability insurance at all tit�les during the tertn of tllis Agreeinent and
until the removal of all encroaclunents and the cleaning and restoration of the city easements.
9.
Licensee agrees to deposit with the City when this Agreement is executed a sufficient
sum of money to be used to pay necessaiy fees to record this Eneroachmcnt on Easemcnt
Agreement in its entirety in the deed records of Tarrant County, Texas. Aftei• being recorded,
the original shall be retut-ned to the City Secretaty of the City of Fort Worth, Texas.
10.
Licensee agrees to comply fuily with all applicable federal, state and local laws, statutes,
ordinances, codes or regulations in connection with the constiuction, operation and maintenance
of said Encroachment and uses.
11.
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_
12.
Licensee covenants and agrees that it shall operate hereunder as an independent
contractor as to all rights and privileges granted herewider and not as an ofticer, agent, servaut
or employee of Ciry, asld Licensee shall have exclusive control of asid the exclusive right to
control the details of its operations, and all persons pec-forining same, and shall be solely
responsible for the acts and omissions of its officers, agents, seivants, employees, cont�-actors,
subcont��actors, licensees and invitees. The doctrine of respondeat su��erior shall not apply as
between City and Licensee, its officet-s, agents, setvants, employees, coutractors and
2012 Easement Eneroachment Agreement -ResidentialPage 5 of 9
subcont��actors, and nothing herein shall be const��ued as creating a partnership or joint
entei-�rise between City and Licensee.
13.
Licensee agrees and acknowledges that this Agreement is solely for the pm�pose of pertnitting
Licensee to construct, maitltain and locate the Encroaclunent over or within the descriUed
Easeinent and is not a conveyance of any i-ight, title or interest in or to the Easement nor is it
meant to convey any right to use or occupy property in whicli a third party may have an interest.
Licensee agrees that it will obtain all necessary permission before occupying such property.
14.
In any actioti brought by the City for the enforcement of tlie obligatious of the Licensee,
City shall be entitled to recover interest and reasonable attorney's fees.
l 5.
The parties agree diat the duties and obligation contained paragraphs 3 and 4 shall
survive the termination of this Ab eement.
16.
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 assi��ment
without such written approval should be void.
17.
Any cause of action for breach of thrs Agreement shall be brought in Tarrant County,
2012 Easement Eucroachment Agreement -ResidentialPage b of 9
Texas. This Agreement shall be governed by the laws of the State of Texas.
18.
This agreetnent shall be binding upon the parties hereto, their successors and assigns.
EXECUTED this � � of � �---�
�Y
,�,
City Licensee:
City of Fort Worth James Wright
BY: �'�i1�- � i
U ��
(,,� � RANDLE HARWOOD
� DIRECTOR
PLANNING & DEVELOPMENT
ATTEST:
City
,�
'1�.�����..
E�
��
?���
°p00�°'
1n�x'��'
By:
r
1
20 �_3 .
Approved As To Form and Legality
^I��,` �I,Ii�
.11�� � �A+
Assistant City Attorney
a��
o �
o /
/
`�f
2012 Easemeut Eucroachment Agreement -ResideutialPage 7 of 9
J�,�?' �':�.���". ``��'�;?��i��:.���
oF�flrf��, ���i���
�1T� .��Ci������
��e �����y ��
STATE OF TEXAS
COUNTY OF TARRANT ^�
��r c1•0 �"�
�'�G� ti � � «r� �
BEFORE ME, t�ie undersi ned authority, a Notary Public in and for the State of Texas,
on this day personally appeare ; known to me to be the person whose name
is subscribed to the foregoing inst�ument, and ackY�owledged 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.
IVEN UNDER MY HAND AND SEAL OF OFFICE this � ��da of
Y
�, 20�.
_ .�...� . _
�� �;r�';�;G;.,, CASSANUkA F. FOREMAN
g:�' •;�: Notary PubliC. State of Texas
; ;.� �,; My Commissfon Expires
y',?a�;•� Aptll 26, 2011
�„�„��•
� \4i'� , ��
Notary Public in and for the State of Texas
2012 Easen�,eut Eucroaclunent Agreement -ResideutialPage 8 of 9
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on tflis day personally appeared James Wright, known to me to be the person whose name is
subscribed to the foregoirig instrument, and acknowledged to me that he/she executed the same
for the purposes and consideration therein expressed, as the act and deed of James Wright,
and in the capacity therein stated.
GIVEN LTNDER MY HAND AND SEAL OF OFFICE this 2 I s� day of
�v�-� , 20 t�
➢
No iy Public in and for the �
State of Texas
�o��YP�BIi�, JARED BELLAMY
Notary Public, State of Texas
�, P My Commission Expires
9� OF � June 21, 2014
2012 Easement Encroaclunent Agreement -ResidentialPage 9 of 9
; ;� �� �,� �``��-��"��-�� I I II��II■
�," �-���a`�-��-�����������'�
} ,�� m � .� > �� � ,,��� ��
�= ����.��x�� ���� � �`� �
�� �� �� �
� Ye. � ������ . � � `� ,� _ —
��� ��� �:���Q� "' � � ';� �
� � �
��� .�- S' �-�
��m�
����� � 3 � 9s�� 9y�H _
�,
yK
,
p5 �
�
t�� �`'� _ �
---�i•---
, „�j / �1�c•.;�+o�
�
,
°�S
0
t
R� �
�
� e
� a �.
R
�
j )U
<
�1A.� 1 � J�l� --�E � "�
��� ��- �ai,�.���
. . �h�� -�/C ,,
r� t� -��
,
• I�i�a �� r� . 1���f�
�>��i�l
�,viL�. �v�rz C� c���
�� 3 �` �
�,��
—�o ��
�5��
0
o ��
o� �
J•
D
r
�.
�
�
� EXHIBIT A
�
� �
- o
��
��
,�� �N
�
a
��a4iQ�'
� ' .
����....���.������
"�._r� �'� _ .
���.�;� �iCi�ibAt
�3��3��� .
� � � � ��. A% � :57
A/5215Z'. � ,,
�1/2 I:R ,FNti : � .
_�� :a �'�o'Y � .. . � � .
�=��ir,�v�: �sraT� �aflp�x�
� : .� wY-- �
i � �==��� , �
� ;��� >(>� �`� �
�� �� ��1� _,�t'���'��
�� � ,:.
,�
�' �� � ° i) \
� y.. .. ... . . . .. _ , �,��[ ,t „ �
r
5�
�.�� �so—� i fi��2s��—.��s
F'URCi3A5ER �IGHi
��2"LR.:FND,
�,�y
2�� '
�
I"'
,__
�, -t
�; � -
I� . �
----:�=� 1 � : " .: �, .�� .5 .:,,_ o�
� .: ;.� ...,:_ ... ,.:: .' �:' v, :iTA i I � �r : f i i��. Y+ 1 :;;�+!7: , . . .
+ - 'K? � r �� � � �i ! f � � E�`rr;. �; _ � �
. �: � �-: � �F� k � 1 '` o � � � : 1 � .. . . . .
. . � � '4 � �� t �. 1 P y �.
, � f � � < r .�' � j t,. � t'�
W }l� � .F kJP .'i � � i : ., �,� � � .
a�. Ip /� j
. . r'y rl"3 �t �j �'^ y ',+`% J � Y '`� . FY . � 1 � �. . . . �.� , , �.
L� y�� �f ,
� � ; � A j1215X
A/12j57 §� �� ��''f,/��'�i� '�-, ' ��'; -
ca,
� � �--' , ui �!`� 1{� BRICK 3,c �RAME � ;' �m � �
m
q � � "r+�` s - f � :REStDENCE , F "� � u� : �
'� r � t iy� f�: {,, '�. r � � � f �.'� ✓ .� �' � � . �. . . .
� j'`"� '�'" s � ` + �' �f ,/' ,% �
' �
�' �� < � f � , � .
l ' � '
a 'r f � ' y
' ` .� / , / ic �
_ 1 ^. .�'' ' � � � �Q' E3131�.D[N�'.y'.
��� � 43�� � � ,� (. �� ����
t , ` ' ' `, �
Y p � r i��r t �i
� : , t 9 5 l'��' .��---_-� �6 5' �� � �
'!6 _ :{ �F l -ty'f�:''�J'�i �
1 i i �� _
. . � .. .. . __�:.�--„----�+ -- r } �, z '� ,� � ��, . . . . � � �
��� � � 4 ,
�i` .J...��: ` .--- .L
.� ��. � - -�--� � ;
�'� � � '
�
3 a
t4' .�-'il.s7Y is6t r AJt215,T . ':L�
� � �. - � � �
{ " Fr ''
,�..�.
}� 'X��n} �'. i +�(i
+. �y � � �
. . z�p u{Y� IQ���� h�13' J4 J µ y _ _ . .
5 � ..
,.
. . . � e . ,, . , . .
� � ��� ;�,;_� �, . � - � t/2 i.R�'�Nb,. � � � �
� i jz"�.�, FrtD <:� �' _ _ __ - _ _
3Q13 B�AV�R �R��K DR1�1�
i
{54'�:f21�H�—OF—'NAY) '
L���.�D � � � � UTlLtTY 1;EGEM1
��- � � � � �;S.1.tETER ar GAH�LFS
t
� EL�C t
fl.Ec�Rs?',�--II ��.:-.� �:?�A.�c,�"s i'�'� S'.i�t"z"( F"�e�: 7EL'-PEO- �
�ca�.�tcr�'�-� � ��:i ��3���`�ss �� R�i�'��� �,l». ��� �s,—�,"7RAN5, A'k�R�
t �
'� %�3y� �,r i'3 �7RE �Etli�A.hT , ;LiGNi,
�t
��1
��°o ��#�'�' `,. Stzb�s� i� R�s:riyir+���' c�ct�r�� ��t: T2�(t9'f 3�[}ai
ca�t:c���a�"�`^� D2�72�i�i333, D.2�1726£,368� ti���t3i�`Fs �2t79��i3t�s, PSj�C'i
` : , "`. �tr D2913ia'S7� ,p2113tA679 D2Si�14880 AP#2TCT, AJi2t.�7, ,
up ,iT ac _ T� v�ii�y �Sl�es an, �adi#dn� �a;:�i3ie Gti,y; �� bortr ��r�,��;Pa�Cr�na�_�.a�wk9,���'�a� -aevurdi5��. ,
PRt?P'b"RTY D.E5�__F O1Tx,at 2�, 1?i, i� Plst "B�Gntde�; Tatrant:;�t�vnl�yi ;
to �i:lia ,nu��+ vr �lo:£n!tli,e��a� ixgcorded`i in Cu`�iuet t�, ',�U��� 1:?157 12��R,> .
Te.xaa
errr�4�+vtst7' �. STATLAf�'N�1' ? # c.omuot�Y_ 8,-SY:.
'.Prnf�'�lon�o! La�?aSt!r'vgya6 4y�=p�pnr�d'.ihts.-�drvey��-for,}ha.sks, �U�rvJ3lqn#ory,ath2��} 4 31t,o�'.��,n �I� aqnb'{ny p��t�ofi S c�ey�'dnd i:�w �q"
w
- �� �as aion d`ar@kna�wle `seS.that, :ih[� sarve�,:�+ns oo�IualeB �r, lhd si#na�Ion�r.undar.hi pN ,
„` _._r t..,,7..;f.,��nd di ilio �imo af:'an avlt+at_�qn,t��"A�aU(?d,�4�r�ey;:ihhra uk? tiU-vlslbtq3�nboVs,�rizund ;
DECLARATIONS PAGE NEW
TEXAS HOMEOWNERS POLICY - FORM HO-3 ��`V�
NOMEOWNERS OF AMERICA INSURANCE COMPANY
POLICY NO. 1333 CORPORATE DRIVE, SITITE 325 IRVING, T�XAS 75038 X AMENDED DATE
42-093327-01 A STOCK COMPANY OS/23/2013
Reason for change: ADDED ADDITIONAI, INTEREST (No Premitnn Garnigc)
NAMED INSURED / MAILING r1DDRESS MORTGAGEE
JAMES WRTGHT
3013 BEAVER CREEK DR
FORT �VORTH, TX 7G 177
POLTCY PERTOD: 12 mths
EFFECTiVE DATE: 03/15/2013
EXPIRATTON DATE: 03/15/2014
12:01 A.M. STANDARD TiME AT THE LOCATTON
OF THE RESiDENCE PREMTSES / DWELLTNG
CONSTRUCTION: Brick/Veneer PPC: 2 KEY RATE: CITY LIMIT: INSIDE
LIMITS OF
COVERAGES LIABILITY PREMIU11i
SECTiON T PROPERTY
Covera�e A. Dwelliug $ 260,000. $ 2,080.00
Other Shvctures $ 26,000. INCL
Coverage B. Personal Property $ 156,000. INCL
Loss of Use $ 52,000. INCL
SECTION II LIABILITY
Coverage C. Personal LiaUility $ 300,000. $ 25.00
Coverage D. Medical Payments to Others $ 1,000. $ 5.00
BASIC PI2EMILTM $ 2,110.00
OTHER COVERAGES AND ENDORSEMENTS
Eudorsement numUer a�id title
HO 00 03 10 00 Homeowners 3 Special Form
HA.FI03SP (O1/12) Special Provisions-Texas
HO-105 (07-92) Residence Glass Coverage 9.00
HO 23 04 06 04 Personal Properry Replacement Cost Loss Settlement 77.00
Age of Dwelling and Financial Responsibility -1,238.00
Accredited $uilder Discount INCL
Claun-Free Renewal Disc�unt INCL
DEDUCTIBLE
DEDUCTIBLE AMOUNT OF ADJUSTMENT
(SECTION I ONLI� DEDUCTIBLE PREMIUIIZ
DEDUCTIBLE CLAUSE 1 $ 2,600 INCL
DEDUCTLBLE CLAUSE 2 $ 2,600
DEDUCTIBLE CLAUSE 3
TOTAL POLICY PREMIUM $ 958.00
* See Page 2
RESTDENCE PREMTSES/DWELLING
3013 BEAVER CREEK DR. FORT WORTH TX 76177
A FULLY EARNED MGA FEE OF $75.00 iS iNCLUDED IN THiS PREMIUM
THiS POLTCY INCLUDES THE PERTLS OF �VTNDSTORM, iTiJRRiCANE AND HATL
AGENCY AT
100 EAST ROYAL LN
SUITE 320
TRVRVC'i TX'75039
TWG INSURANCE (214) 83t�-5500 AGENT
MORTGAGEE #1
OTHER COVERAGES, LiMITS AND EXCLUSTONS APPLY — REFER TO YOUR POLICY
PENNYMAC LOAN SERVICES, LLC
MORTGAGEE #2
CITY OF PORT WORTH PLANNING &
ExxIBTT B
ISAOA
PO BOX 29247
PHOENTX AZ 85038
ACCOIJNT #: 8000019414
DEVELOPMENT
1000 THOCKMORTON ST
FORT WORTH TX 7G102
ACCOUNT #: AT'('N: DAVID SCHROED�R