HomeMy WebLinkAboutContract 40928STATI OF TEXAS
ENCROACHMENT AGREEMENT
COUNTY OF TARRANT
,- V SECRETARY
ITV
` PACT NO.
Irat-
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 Planning and Development Department Director,
hereinafter referred to as the "City", and Joe Jara, hereinafter referred to as
"Grantee", Owner of the property located at 1051 West Magnolia Avenue, Fort
Worth, Texas ("Property").
WITH ESS ETH:
1.
For and in consideration of the payment by Grantee of the fee set out
below and the true and faithful performance of the mutual covenants herein
contained, City hereby grants to Grantee permission to construct/ install and/or
allow to remain, Improvement(s) ("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 Improvement(s) are described -as
OFFICIAL RECORD
follows: 1 CITY SECRETARY
Ft WORTH, TX
10-03-10 P03:34 IN
Two overlapping encroachments:
1. New accessible ramp, stair, landing and associated handrails extending
north from the face of the building and 4'11" into the public right of way. Landing
is centered on the entry door with the ramp extending east to grade and the stair
to the west, for a total width of 20'2". The west property line is 33' 4" west of the
Encroachment.
2. New flag sign centered on the entry door and new landing. Sign is
completely contained in the Encroachment outlined above.
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 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 Grantee of responsibility and liability for concept, design and computation
in preparation of such plans and specifications.
2
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 hereinabove referred to Exhibit "A".
4.
Grantee, 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, Grantee 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, Grantee
understands and agrees that City shall bear no responsibility or liability for
3
damage or disruption of improvements installed by Grantee or its successors, but
City will make reasonable efforts to minimize such damage.
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,
Grantee agrees to pay to City at the time this Agreement is executed a fee in the
sum of Two Hundred Seventy -Five and 00/100 Dollars ($275.00).
7.
The term of this Agreement shall be for thirty years, commencing on the date this
Agreement is executed by the City of Fort Worth.
8.
Upon termination of this Agreement, Grantee 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 Grantee that if this Agreement terminates and
Grantee fails to remove the Improvement, Owner 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.
4
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 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 terminate.
10.
Grantee understands and agrees that the granting of any encroachment
hereunder is not meant to convey to Grantee any right to use or occupy property
in which a third party may have an interest, and Grantee agrees that it will obtain
all necessary permission before occupying such property.
5
11.
Grantee 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.
Grantee 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.
Grantee 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 Grantee 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 Grantee, its officers, agents, servants, employees,
contractors and subcontractors, and nothing herein shall be construed as
creating a partnership or joint enterprise between City and Grantee.
14.
GRANTEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES
HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS
6
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
P ERSONS, 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,
S UBCONTRACTORS, LICENSEES OR INVITEES OF THE CITY; AND
GRANTEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR
S UCH CLAIMS OR SUITS. GRANTEE 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 GRANTEE,
ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS,
S UBCONTRACTORS, LICENSEES, INVITEES, OR TRESPASSERS.
15.
While this Agreement is in effect, Grantee 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
the following:
$1,000,000 Commercial General Liability
with the understanding of and agreement by Grantee that such insurance
amounts shall be revised upward at City's option and that Grantee shall so revise
such amounts immediately following notice to Grantee of such requirement.
Such insurance policy shall provide that it cannot be canceled or amended
without at least ten (10) days prior written notice to the Building Official of the City
of Fort Worth. A copy of such Certificate of Insurance is attached as attached as
Exhibit "B". Grantee agrees to submit a similar Certificate of Insurance annually
to City on the anniversary date of the execution of this Agreement.
Grantee agrees, binds and obligates itself, 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 all encroachments and the
cleaning and restoration of the city streets. All insurance coverage required
herein shall include coverage of all Grantee's contractors.
16.
Grantee 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
17.
8
In any action brought by the City for the enforcement of the obligations of
Grantee, City shall be entitled to recover interest and reasonable attorney's fees.
18.
Grantee covenants and agrees that it will not assign all or any of its nghts,
privileges or duties under this contract without the prior written approval of the
City Manager or designee. 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.
9
per
EXECU FED this ZZday of Ni�� , 20 /6.
City
City of Fort Worth
A1'�n
Susan is,
Director
Planning and Development
ATTEST:
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Grantee (Business Name)
By: -�
Name: t%e` h-M
Title: 66(ifi-
Approved As To Form And Legality
Assistant City Attorney
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OFFICIAL RECORD
CITY SECRETARY
` `, WORTH, TX
10
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personal) appeared ppeared Susan Alanis, 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
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consideration therein expressed as the act and deed of the Cityof Fort rt Worth,
and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this
�� 20 in day of
Notary Public i\aA
n and fderhe
State of Texas
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` September 10, 2013
R. G. NAREZ
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STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, a Notary Public in and for the
State of I exas, on this day personally appeared JoC
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
otonER. and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this
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FIRE HYDRANT LOCATED
ACROSS STREET ON
NORTHEAST CORNER OF THE
INTERSECTION OF WASHINGTON
AND W. MAGNOLIA
1 2 3
EXISTING
77'-1"
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4 5 6 7 8
MIAMI ISM
ROSS, D S
SUBDIVISION
BLK 26, LOT IF
EMMEMMEMME::M1 117/.
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72'-3u
100' WEST
ROSS, D S
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SUBDIVISION
BLK 26, LOT 1 G
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STORAGE
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33'-4"
RAMP, STAIR AND SIGN
ENCROACHMENT
W. MAGNOLIA AVE.
SITE PLAN
PROPERTY DESCRIPTION
ROSS, D S SUBDIVISION
BLK 26, LOT 1 G AND IF
1051 W. MAGNOLIA AVE.
FORT WORTH, TEXAS 76104
BUILDING SQUARE FEET
BUILDING TOTAL: 3258 SQ. FT.
REMODEL AREA: 198E SQ. FT.
TYPE OF CONSTRUCTION
TYPE 5B - NON -SPRINKLED
PARKING:
10 STANDARD SPACES
2 ADA SPACES
12 TOTAL SPACES
GENERAL NOTES;
1. ENCROACHMENT AGREEMENT NEEDED FOR
NEW ENTRY RAMP AND STAIRS.
2. NO MODIFICATIONS TO EXISTING WATER TAPS.
3. NO MODIFICATIONS TO EXISTING SEWER TAPS.
OWNER SUPPLIED LOW-E
DOUBLE GLAZED SLIDING
GLASS DOORS
OWNER SUPPLIED EXTERIOR
DOOR - INSULATED
FIBERGLASS WITH 50X
GLAZING: LOW-E DOUBLE
GLAZE.
North
SCALE: NTS
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WALL
7'- 10"
ENTRY
PROPOSED
SIGN LOCATION
54" HALF
WALL
54" HALF
WALL
EXTENT OF ENCROACHMENT
FOR STAIRS, RAMP AND
SIGN
ENCROACHMENT PLAN
W. MAGNOLIA AVE.
(E) DINING
TO PROPERTY LINE
SCALE: NTS
54" HALF
WALL
4' -7"
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Tarrant Appraisal District
Real Estate
09/07/2010
Account Number: 00936243
Georeference: 36605-26-1G
Property Location: 1051 W Magnolia Ave, Fort Worth
Owner Onformation: Jara. Joe
3770 Cornish Ave
Fort Worth Tx 76133-1207
1 Prior Owner
Legal Description: Ross, D S Subdivision
Blk 26 Lot 1G
Taxing Jurisdictions: 026 City of Fort Worth
099 Regional Water District
220 Tarrant County
224 Tarrant County Hospital Dist
225 Tarrant County College Dist
905 Fort Worth ISD
This information is intended for reference only and is subject to change. It may not accurately reflect the complete status of the account as actually
carried in TAD's database.
**
Certified Values for Tax Year 2010
Land Impr 2010 Total**
Market Value $166,595 $17,994 $184,589
Appraised Value* $166,595 $17,994 $184,589 1
Approximate Size*** 3,240 i
Land Acres 0.1641 i
Land SgFt 7,150 '
Appraised value may be Tess than market value due to state -mandated limitations on value increases
A zero value indicates that the property record has not yet been completed for the indicated tax year
*** Rounded
5-Year Value History
jTax Year XMPT Appraised Land Appraised Impr Appraised Total Market Land
2009 000 $166,595 $27,805
2008 000 $166,595 $27,805
2007 000 $57,200 $64,800
2006 000 $57,200 $64,800
2010 Notice Sent: 04/30/2010
Exemptions: None
Property Data
Deed Date: 06/07/1983
Deed Vol: 007530
Deed Page: 1457
Year Built: 1956
TAD Map: 2048 384
MAPSCO: 076M
Agent: None
$194,400 $166,595
$194,400 $166,595
$122,000 $57,200
$122,000 $57,200
Market Impr Market Total
$194,400
$194,400
$27,805
$27,805
$64,800 $122,000
$64,800 $122,000
Protest Deadline: 06/01/2010
Historic Site
Class:056
State Code: F 1 Commercial
Garage Bays: 00
Central Air:
Central Heat:
Pool: N