HomeMy WebLinkAboutContract 59048Date Received: 3/14/2023
Time Received: 1:20 p.m.
Record Number: PN22-00155
City Secretary No.: 59048
PUBLIC PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMENT
TIER II
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, Assistant City Manager, or
Director of the Development Services Department, and Crowley Independent School
District, a(n) Texas nonprofit corporation ("Licensee"), acting by and through its duly
authorized Chief Operations Officer.
RECITALS
WHEREAS, Licensee is the owner of the real property located at 1900 Crowley
Pride Drive, Fort Worth, Texas 76134 ("Property"), "), as recorded in Deed Records, by
Instrument Number D206387276, in Tarrant County, Texas being more particularly
described in the attached Exhibit "A" which is incorporated herein for all purposes; and
WHEREAS, the City owns a water easement (the "Public Property") adjacent to
the Property as shown in the attached Exhibit "B," which is incorporated herein for all
purposes, and as recorded in the deed records of Tarrant County by instrument number
D222169241; and
WHEREAS, Licensee desires to construct, place, and maintain certain
improvements which will encroach in, on, above, or below the Public Property; 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 Licensee of the fee set out below
and covenants and agreements hereinafter contained to be kept and performed by
Licensee, hereby grants permission to Licensee to encroach in, on, above, or below and
occupy a portion of the City's Public Property as described in and at the location shown
on Exhibit "C," but only to the extent shown thereon, for the purpose of constructing,
installing, and maintaining a private storm drain and sanitary sewer (the
"Encroachment"). Upon completion of the Encroachment, Licensee agrees to be
Tier H Easement Encroachment Agreement OFFICIAL RECORD Page 1 of 13
CITY SECRETARY Revised 11/2020
FT. WORTH, TX
responsible for maintaining the Encroachment within the Public Property. Licensee shall
not expand or otherwise cause the Encroachment to further infringe in or on the Public
Property beyond what is specifically described in Exhibit "C."
2.
All construction, installation, maintenance, and operation of the Encroachment
and the use or occupancy of the Public Property shall comply with and be performed in
strict compliance with this Agreement and with the charter, ordinances, codes, and
policies of the City. Prior to the construction or installation of the Encroachment,
Licensee shall submit all plans and specifications to the Director of the Development
Services Department or duly authorized representative. Licensee shall not commence
construction or installation of the Encroachment nor make any use of the Public Property
until after the execution of this Agreement.
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 and the use and occupancy of the Public Property, including the securing
the approval and consent of the appropriate utility companies and agencies of the State of
Texas 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 of
Public Property, Licensee shall pay to City an additional amount equal to such additional
cost as determined by the Director of Transportation and Public Works, the Director of
the Water Department, the Director of the Development Services Department, or their
duly authorized representative.
4.
Licensee agrees that City may enter and utilize the Public Property at any time for
any public purpose, including installing, repairing, replacing, or maintaining
improvements to its public facilities or utilities necessary for the health, safety, and
welfare of the public. The City shall have no responsibility or liability for any damages
related to the Encroachment resulting from the City's use of the Public Property;
however, the City shall make reasonable efforts to minimize such damage.
'�
Upon termination of this Agreement, Licensee shall, at the option of and at no
expense to the City, remove the Encroachment and restore the Public Property to a
condition acceptable to the Director of Transportation and Public Works, the Director of
Tier H Easement Encroachment Agreement Page 2 of 13
Revised 11/2020
the Water Department, the Director of the Development Services Department or their
duly authorized representative. Any such removal of the Encroachment shall be in
accordance with then -existing City regulations and policies. It is understood and agreed
to by Licensee that if this Agreement terminates and Licensee fails to remove the
Encroachment and restore the Public Property, Licensee hereby gives City permission to
remove the Encroachment and any supporting structures from the Public Property, to
restore the Public Property, and to 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 the City has
incurred or will incur as a result of the construction, maintenance, inspection or
management of the Encroachment and use of Public Property as 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 Nine Hundred Dollars ($900.00).
7.
The term of this Agreement shall be for thirty (30) years, commencing on the
date this Agreement is executed by City. However, the City may terminate this
Agreement upon Licensee's noncompliance with any of the terms of this Agreement.
City shall notify Licensee in writing of any such noncompliance and if Licensee does not
cure the noncompliance within thirty (30) days of notice from City, the City may
terminate this Agreement. However, the City may, at its sole option, allow the Agreement
to remain in effect so long as Licensee has taken reasonable measures to cure the
noncompliance or is continuing to diligently attempt to remedy the noncompliance.
8.
It is further understood and agreed between the parties hereto that the Public
Property to be used and encroached upon is held by City as trustee for the public; that
City exercises such powers over the Public Property as have been delegated to it by the
Constitution of the State of Texas or by the Texas Legislature; and that City cannot
contract away its duty and its legislative power to control the Public Property 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 Public Property to be used for any other public purpose, 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 both the Encroachment and the public purpose.
Tier H Easement Encroachment Agreement Page 3 of 13
Revised 11/2020
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 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 THE
ENCROACHMENT AND USES GRANTED HEREUNDER, WHETHER OR NOT
CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED 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 naming City as certificate holder as proof that is 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 "C."
The amounts of such insurance shall be not less than
$1,000,000
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 "D" and incorporated herein for all purposes. Licensee agrees, binds, and
obligates itself and 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
the Encroachment and restoration of the Public Property. All insurance coverage
required herein shall include coverage of all Licensee's contractors and subcontractors.
Tier H Easement Encroachment Agreement Page 4 of 13
Revised 11/2020
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 the county in which the Encroachment is located. 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 use of the Public Property.
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 Public Property and is not a conveyance of any right, title, or interest in or to the
Public Property, 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
permissions before occupying such property.
16.
In any action brought by the City for the enforcement of the obligations of the
Licensee, City shall be entitled to recover interest and reasonable attorneys' fees.
Tier H Easement Encroachment Agreement Page 5 of 13
Revised 11/2020
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 Agreement 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.
assigns.
20.
This Agreement shall be binding upon the parties hereto and their successors and
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 FOLLOWING PAGE]
Tier H Easement Encroachment Agreement Page 6 of 13
Revised 11/2020
City:
CITY OF FORT WORTH
By: DJ Harrell (Mar 10, 2023 13:13 CST)
D.J. Harrell, Director of the
Development Services Department
Date: Mar 10, 2023
ATTEST:
Jannette Goodall,
City Secretary
Date: Mar 14, 2023
Licensee:
Crowley Independent School District
a Texas nonprofit corporation
f j
By: 1
Name: Randy Reaves
Title: Chief Operations Officer
Date: 2--2-3 —ZOZ?j
Approved As To Form and Legality
Thomas Royce Hansen
Assistant City Attorney
Date: Feb 28, 2023
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.
Re6&Cc'v n441 -0"V"r,
Rebecca Diane Owen (Feb 28, 2023 08:57 CST)
Rebecca Owen
Development Services
Date: Feb 28, 2023
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Tier II Easement Encroachment Agreement Page 7 of 13
Revised 11/2020
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 D.J. Harrell, 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 loth day of
March 2023
WendL� Digitally signed by
Y Wendy L. Beardslee
B e a r d s l e e Date: 2023.03.13
13:40:25-05'00'
Notary Public in and for the State of Texas
After recording return to:
Development Services Department
Development Coordination Office
200 Texas Street
Fort Worth, Texas 76102
Tier H Easement Encroachment Agreement
o�pRYp(WENDY L BEARDSLEE
aA Notary Public
* * STATE OF TEXAS
Notary I.D. 13323719-3
R�OF My Comm. Exp. July 28, 2025
Page 8 of 13
Revised 11/2020
STATE OF TEXAS §
COUNTY OF TARRANT §
FORE ME, the undersigned authority, a Notary Public in and for the State of
l eN 0-5 . on this day personally appeared Randy Reaves, Chief Operations Officer
(Title) 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 Crowley Independent School
District, a Texas nonprofit corporation (entity type), and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this a3 day of reb ,
20 QL3
Notary Public in and for the
State of
Tier II Easement Encroachment Agreement
BRENDA S. DEAN
Notary Public, State of Texas
94F Comm. Expires 05-08-2023
Notary ID 130220223
Page 9 of 13
Revised 11/2020
EXHIBIT A
Legal Description of the Licensee's Property
Being a tract of land situated In Charles Martin Survey, Abstract No.1022 and the
John Sise Survey, Abstract No.1434, Tarrant County, Texas and being a portion of
a called 742.636-acre tract of land conveyed to B.N. Development Company, Inc. by
deed recorded in Volume 15346, Page 310 and a portion of a called 149.364-acre
tract of land conveyed to B.N. Development Company, Inc. by deed recorded in
Volume 15346, Page 311, both recorded in the Deed Records of Tarrant County,
Texas
Tier H Easement Encroachment Agreement Page 10 of 13
Revised 11/2020
..............................................................................................................................
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Crowley I.S.D. LOCATION MAP teague nail & perkins
512 Peach Street N.T.S. 5237 N. Riverside Drive, Suite 100
Crowley, Tx 76036 Fort Worth, Texas 76137
817.336.5773 ph 817.336.2813 fx
Water, Sanitary Sewer, Paving, TBPE Registration No. F-230
NDrainage & Street Lights to www.tnpinc.com
Serve Crowley ISD Stadium Mapsco Page 104V
City Proj. No. CPN 103113
EXHIBIT B
Depiction of the Public Property
Tier H Easement Encroachment Agreement Page 11 of 13
Revised 11/2020
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EXHIBIT C
Depiction and description of the Encroachment
Tier H Easement Encroachment Agreement Page 12 of 13
Revised 11/2020
EXHIBIT "A"
"EASEMENT ENCROACHMENT"
BEING 147 square feet of land situated in Lot 1, Block 1, Crowley I.S.D. Addition, an
addition to the City of Fort Worth, Tarrant County, Texas, as filed in Instrument
#D222169241, Plat Records of Tarrant County, Texas (P.R.D.C.T.), and being a portion
of a tract of land described to Crowley Independent School District, according to the deed
filed in Instrument #D206387276, Deed Records of Tarrant County, Texas (D.R.T.C.T.);
and being more particularly described by metes and bounds as follows:
COMMENCING at a 5/8 inch iron rod with cap stamped "TNP", recovered in the east
Right -of -Way (R-O-W) line of Crowley Road (F.M. 731, variable width), for the most
westerly northwest corner of said Lot 1, and also being the southwest corner of a tract of
land described in deed to Fort Worth Deer Creek, L.P., according to the deed fled in
Instrument #D206387283, D.R.T.C.T., from which a 5/8 inch iron rod with cap stamped
"TNP", recovered at the southeast corner of said Fort Worth Deer Creek tract, also being
a re-entrant corner of said Lot 1, bears N 89°38'16" E, a distance of 511.86 feet;
THENCE N 89038'l6" E, along the most westerly north line of said Lot 1, and along the
south line of said Deer Creek tract, a distance of 495.04 feet to the POINT OF
BEGINNING of the hereinafter described tract of land;
THENCE N 89038'16" E, continuing along the most westerly north line of said Lot 1,
and along the south line of said Deer Creek tract, a distance of 5.07 feet;
THENCE passing over and across said Lot 1, the following courses and distances;
S 09°41'01" E, passing over and across a variable width Sanitary Sewer
Easement, as filed in Instrument #D203425730, D.R.T.C.T., a distance of 15.80
feet;
N 90°00'00" E, continuing over and across said Sanitary Sewer Easement
(Inst. #D203425730), a distance of 9.96 feet to the east line of said Sanitary Sewer
Easement (Inst. #D203425730);
S 21 °06' 19" W, along the east line of said Sanitary Sewer Easement
(Inst. #D203425730), a distance of 5.35 feet;
Sheet 1 of 3
CSD 20237
S 90°00'00" W, passing over and across said Sanitary Sewer Easement
(Inst. #D203425730), a distance of 12.25 feet;
N 09°41'01" W, continuing over and across said Sanitary Sewer Easement
(Inst. #D203425730), a distance of 20.84 feet to the POINT OF BEGINNING
and containing 147 square feet or 0.003 of an acre of land.
OFf
-"v. 4, 2022N
W. SIMSTheron
(AG
Y
W. Sims, R.P.L.4
•••••-•••-•..V••
Texas Registration No. 5
�7S
5�••N••Surveyed
on the ground May 11, 2022
UR`t�
1. Bearings of lines shown hereon refer to Grid North of the Texas Coordinate System of 1983
(North Central Zone; NAD83(2011) Epoch 2010) as derived locally from Western Data Systems
Continuously Operating Reference Stations (CORS) via Real Time Kinematic (RTK) methods.
An average Combination Factor of 1.0001299130 was used to scale grid coordinates and
distances to surface.
2. Integral parts of this survey:
a. Legal Description
b. Sketch
Sheet 2 of 3
CSD 20237
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Tier H Easement Encroachment Agreement Page 13 of 13
Revised 11/2020