HomeMy WebLinkAboutContract 59194Date Received: 4/6/2023
Thne Received: 10:13 a.m.
Re cord Number: PN22-00126
City Secretary No.. 59194
PUBLIC PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMENT
TIER If
THIS AGREEMENT is made and entered into by and between THE CITY
FORT WORTH, a home rule municipal corporation of Tarrant County, Texas ("City
acting by and through its duly authorized City Manager, Assistant City Manager,
Director of the Development Services Department, and CJ Real Estate 11, LLC, a(n)
Texas limited liability company ('Licenseeacting by and through its duly authoriz
I
signatory.
WHEREAS, Licensee is the owner of the real property located at 3065 Alliance
Gateway Freeway, Fort Worth, Texas 76177 ("Property"), as recorded in Deed Records,
by Instrument number D222127903, 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 sanitary sewer easement (the "Public Property")
aqjacent to the Property as shown in the attached Exhibit "B," which is incorporated
herein for all purposes, and as recorded in the plat records of Tarrant County as plat
number FS-21-171; 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 th*
encroachment under the terms and conditions as set forth in this Agreement.
UI
The City, in consideration of the payment by Licensee of the fee set out below
?nd 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
*ccupy 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 line (the "Encroachment"). Upon completion
*f the Encroachment, Licensee agrees to be responsible for maintaining the
Tier 11 Easement Enci-oachment Agreement OFFICIAL RECORD Page I of 13
CITY SECRETARY Revised 11/2020
FT. WORTH, TX
Encroachment within the Public Property. Licensee shaft not expand or otherwise cause
the Encroachment to further infringe in or on the Public Property beyond what is
specifically described in Exhibit "C."
IM
All construction, installation, maintenance, and operation of the Encroachm ,el
and the use or occupancy of the Public Property shaft comply with and be performed
strict compliance with this Agreement and with the charter, ordinances, codes, a
policies of the City. Prior to the construction or instaffation of the Encroachmel
Licensee shall submit all plans and specifications to the Director of the Developme
Services Department or duty authorized representative. Licensee shall not comamen
construction or installation of the Encroachment nor make any use of the Public Prope
until after the execution of this Agreement. I
0
Licensee, at no expense to the City, shall make proper provisions for the
relocation and installation of any existing or ftiture 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
imly authorized representative.
0
Licensee agrees that City may enter and utze the Public Property at any tine
any public purpose, including installing, repairing, replacing, or maintain'
improvements to its public facilities or utilities necessary for the health, safety, at
welfare of the public. The City shall have no responsibility or liability for any damag
related to the Encroachment resulting from the City's use of the Public Propent
however, the City shall make reasonable efforts to minimize such damage.
Upon termination of this Agreement, Licensee shall, at the option of and at ti I
expense to the City, remove the Encroachment and restore the Public Prope to
condition acceptable to the Director of Transportation and Public Works, the Dir%ec or
Tier 11 Eas ernent Encroachment Agreement Page 2 of 13
Revised 11/2020
the Water Department, the Director of the Development Services Department or th
duiy authorized representative. Any such removal of the Encroachment shall be
accordance with then -existing City regulations and policies. It is understood and agre
to by Licensee that if this Agreement termh-iates and Licensee fails to remove t
Encroachment and restore the Public Property, Licensee hereby gives City permission
remove the Encroachment and any supporting structures from the Public Property,
restore the Public Property, and to assess a lien on the Property for the costs expended
the City in taking such actions. I
*1
In order to defray all costs of inspection and supervision which the City h-M
incurred or will incur as a result of the construction, maintenance, inspection
management of the Encroachment and use of Public Property as provided for by t
Agreement, Licensee agrees to pay to City at the time this Agreement is requested
application fee in the sum of Nine Hundred Dollars ($900.00). 1
a
The term of this Agreement shall be for thirty (30) years, commencing on
date this Agreement is executed by City. However, the City may tentminate
Agreement upon Licensee's noncompliance with any of the terms of this Agreemer City shall notify Licensee in writing of any such noncompliance and if Licensee does nil'
cure the noncompliance within thirty (30) days of notice from City, the City in I
terminate this Agreement. However, the City may, at its sole option, allow the Agreeme,
to remain in effect so long as Licensee has taken reasonable measures to cure t
noncompliance or is continuing to diligently attempt to remedy the noncompliance. I
91
It is further understood and agreed between the parties hereto that the Pub
Property to be used and encroached upon is held by City as trustee for the public; th
City exercises such powers over the Public Property as have been delegated to it by
Constitution of the State of Texas or by the Texas Legislature; and that City cann
contract away its duty and its legislative power to control the Public Property for the u
and benefit of the public. It is accordingly agreed that if the governing body of City in
at any time during the term hereof determine in its sole discretion to use or cause
permit the Public Property to be used for any other public purpose, including but A
being limited to underground, surface, or overhead communication, drainage, sanita
sewerage, transmission of natural gas or electricity, or any other public purpose, wheth
presently contemplated or not, that the parties agree to negotiate in good faith in order I
accommodate both the Encroachment and the public purpose.
Tier 11 Easement Encroachment Agreement Page 3 of 13
Revised 11/2020
M
I U4,11
h I While this Agreement is in effect, Licensee agrees to furnish City wit 'I
Certificate of Insurance naminiz City as certificate holder as proof that is has secured a
paid for a policy of public liability insurance covering all public risks related to t
proposed use and occupancy of public property as located and described in Exhibit 11C
The amounts of such insurance shall be not less than
R�Ml
with the understanding and agreement by Licensee that such insurance amounts may
revised upward at City's option and that Licensee shall so revise such amou
immediately following notice to Licensee of such requirement. Such insurance po
shaft not be canceled or amended without at least thirty (30) days prior written notice
the Building Official of the City. A copy of such Certificate of Insurance is attached
Exhibit "D" and incorporated herein for all purposes. Licensee agrees, binds, a 4
obligates itself and its successors and assigns to maintain and keep in force such pub
liability insurance at all times during the term of this Agreement and until the removal
a the Encroachment and restoration of the Public Property. All insurance cover
required herein shall include coverage of all Licensee's contractors and subcontractors.
Tier 11 Easement Encroachment Agreement Page 4 of 13
Revised 11/2020
M
Licensee agrees to deposk with the City when this Agreement is executed
sufficient sum of money to be used to pay necessary fees to record this Agreement in t]
real property records of the county in which the Encroachment is located. After be'
recorded, the original shall be returned to the City Secretary of the City of Fort Worth.
no
Licensee agrees to comply fully with all applicable federal, state, and local la
statutes, ordinances, codes, and regulations in connection with the construct'
operation, and maintenance of the Encroachment and use of the Public Property. I
M13
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.
MKI
Licensee covenants and agrees that it shall operate hereunder as an independe
contractor as to all rights and privileges granted hereunder and not as an officer, age
servant, or employee of City, and Licensee shall have exclusive control of and t
exclusive right to control the details of its operations, and all persons performing sa
and shall be solely responsible for the acts and omissions of its officers, agents, serva
employees, contractors, subcontractors, licensees, and invitees. The doctrine ]..I
respondeat superior shall not apply as between City and Licensee, its officers, ageni
servants, employees, contractors, and subcontractors, and nothing herein shall
construed as creating a partnership or joint entet prise between City and Licensee.
10
Licensee agrees and acknowledges that this Agreement is solely for the purpoffl-q
of permitting Licensee to construct, maintain, and locate the Encroachment over or wit
the Public Property and is not a conveyance of any right, title, or interest in or to t
Public Property, nor is it meant to convey any right to use or occupy property in which
third -party may have an interest. Licensee agrees that it will obtain all necessa
permissions before occupying such property.
no.
Tier 11 Easement Encroachment Agree nient Page 5 of 13
Revised 11/2020
In any action brought by the City for the enforcement of the obligations of the
Licensee, City snall be entitled to recover Merest and reasonable attorneys' fees.
Full
The parties agree that the duties and obligations contained in Section 5 shall
survive the termination of this Agreement.
W13
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 tender 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 aft 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.
M
Any cause of action for breach of this Agreement shall be brought in Tarral
County, Texas. This Agreement shall be governed by the laws of the State of T, I
M-11-
This Agreement shall be binding upon the parties hereto and their successors and
assigns.
M
This Agreement may be executed in multiple counterparts, each of which shall be
considered an original, but all of which shall constitute one instrurrient
[SIGNATURES APPEAR ON FOLLOWING PAGE]
Tier 11 Easement EncroachmentAgreementPage 6 of 13
Revised 11/2020
City:
CITY OF FORT WORTH
By: DJ Harrell (Apr 5, 2023 09:30 CDT)
D.J. Harrell, Director of the
Development Services Department
Date: Apr 5, 2023
4g4Onnb�
FFoRr Ba
o O,°°° °° o�l•�dd
ATTEST: a
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Jannette Goodall,
City Secretary
Date: Apr 6, 2023
Licensee:
CJ Real Estate 11, LLC
a Texas limited liability company
Name: Matt Jamesen
Title: Signature Authority
Date: 3- 0, / Z-?
Approved As To Form and Legality
Jeremy Anato Mensah
Assistant City Attorney
Date: Apr4, 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.
��n
Rebecca Diane Owen (Apr 4, 202314:45 CDT)
Rebecca Owen
Development Services
Date: Apr 4, 2023
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Tier II Eas ement Encroachment Agreernmt 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 day of
20 623.
BROOKE BONNELL
Public, Stet# of TO"s
_=o~• _ Notary
otary Public in and for the State of Texas "= Comm. Expires t co t-2o24
a ° Notary ID 134009525
After recording return to:
Development Services Department
Development Coordination Office
200 Texas Street
Fort Worth, Texas 76102
Tier H Easement Encroachment Agreement Page 8 of 13
Revised 11/2020
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE MR, the undersigned authority, a Notary Public in and for the State of
-T: K at S , on this day personally appeared Matt Jamesen, signature authority (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 C'.J Real Estate II, LLC, a Texas limited liability
company (entity type), and. in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this Al day of M,4/?C/-/
2023 .
MW Ll�
�i►Public in a ihT
State of TUGS
Tier 11 Fasemient Fr+cmochmentAgreememt
Rita A. Singleton
tE t* Notary Public, Stetq of Texas
COITM - Expires 12-15.24
tET Notary io a44634.6
Page 9 of 13
Revised 11/2020
EXHIBITA
Legal Description of the Licensee's Property
PION MIWA"IIWM%
Tier 11 Easement Encroachment Agreement Page 10 of 13
Revised 11/2020
OWNED/DEVELOPED BY: PTIAPSCO NO. 7-V
CJ REAL ESTATE, LLC
3825 CAMP BOWIE BLVD
FORT WORTH, TEXAS 76107
IN
MJ THOMAS ®
4700 BRYANT IRVIN CT, STE: 204
FORT WORTH, TEXAS 76107
PH: (817) 732-9839
FAX: (817)732-9841
REGISTRATION NO. F-9435
CONTACT: MICHAEL THOMAS, P.E.
EXHIBIT B
Depiction of the Public Property
Tier 11 Easement Encroachment Agreement Page 11 of 13
Revised 11/2020
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Lot 3R 3R3 & 3R4, Block 100
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Alliance Gateway West
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EETG A PER OF LOT 3BLOC' 1,0T0OATY-7XBEST. � ItMEND TO THE OTY OF T
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—1MCDAi C-7 12627ACU,EO 1—Irv1, T-1 CO�1, ABSTRACT NUMBER ffXAS.
EXHIBIT C
Depiction and description of the Encroachme et
Tier Tier 11 Easement Encroachment Agree ment Page 12 of 13
Revised 11/2020
EX 24" STORM SEWER
LINE
PREPARED BY:
MJ THOMAS ENGINEERING
4700 BRYANT IRVIN CT, STE: 204
FORT WORTH, TEXAS 76107
PH: (817) 732-9839
FAX: (817)732-9841
REGISTRATION NO. F-9435
CONTACT: MICHAEL THOMAS, P.E.
EX 21" STORM SEWER
STD
BOUT
PR 21 " STORM SEWER
LINE
15'05' X
ENCROACHMENT
SCALE I" = 50'
25
LOT 3R49
BLOCK 100
15 EASEMENT ENCROACHMENT
PART OF
LOT 3R4, BLOCK 100
ALLIANCE GATEWAY WEST
IN
M-E-P& P RJ-11, 00, SURVEY,
ABSTRACT NO. 1143,
CITY OF FOR WORT H,
TARRANT COUNTY, TEXAS
BEING that tract of land situated in the M,E.P. & P R<R. GO. Survey, Abstract Number 114'31, City
of For! Worth, 'Tarrant County, Texas, and in part of Lot, 3R4, Block ! 00 of Alfia�,ce Gatevvvj
West, an addition to the 10-ity of Fort Worth, as recorded in Document Number D2213331 157 of the
Mat Records of Tarrant County, Texas, and being more particularly des cribAby metes and
bounds as follows:
COMMENCING at a 1/2-inch iron rod with yellow plastic cap stamped "GEONAV' found for the
rnost nor' merly corner of said Lot 3R4;
THENCE South 34 degrees 42 minutes 07 seconds East, along the northeast line of said Lot 3114.
a distance of 25.00 feet to a point for the intersection of a 15-feet wide Sanitary Sewer Easement,
as recorded in Document Number D219291548 of the Deed Records of Tarrant County, Texas;
THENCE South 55 degrees 17 minutes 54 seconds, continuing along said southeast easement
line, a distancon! 12.68 feet to a point for the POINT OF BEGINNING of the herein described
tract:
THENCE South 55 degrees 17 minutes 54 seconds West, continuing along said southeast line,
a distance of 15.00 feet to a point;
THENCE North 34 degrees 42 minutes 07 seconds West, departing said southeast line and over
and across said easement, a distance of 15.00 feet to a point on the northwest line of said
easement,
THENCE North 5.55 degrees 17 minutes 54 seconds East, partially along said northeast line, a
distance of 15.00 feet to a point;
THENCE South 34 degrees 42 minutes 07 seconds East, over and across said easement, a
distaince of 15,00 feet to the POINT OF BEGINNING AND CONTAINING 225 square feet or
0,0052 acres of land, more or less.
The Basis of BBaring s is the Texas Coordinate System of 1983, Nortentrail Zone (4202)
This descdpfibn is accompanied by an exhibit ofeven date.
14-V
I— Page 1of2
SURVEY," R S NOTES�
The v,n
IO'DRAINAGE
EASEMENT
DOCNO0219282069
DOC, NO, D220081936
25'BUILDING
SETBACK
15'SANITARY SEWER
EASEMENT
DOC. NO. 0219291548
D.R.T.C.T,
25'BUILDING
SETBACK
LOT 3R-4, BLOCK 100
0,976 ACRES
DOC. NO. D221331157
P.R.T.C.T.
(OWNER)
AIL ROW, LLC
O. N. D219264605
p T "'T U.) klr ca��l 0-5 rl�l' TAP PAN I CC-JIn X's
Rj C.T, P,Al W�rCAC,8 Or TARRMIJOWNTY, T-.YAl
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0' 10' 20' 40'
66er%w� ¢ d
10= 90,
2
15'XITEASEMENT
ENCROACHMENT
(226 SQ.FT.)
0.0052 ACRES
Paw OF
COMMENCING
1/2"FIRC
(GEONAV)
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10
ENGROACHMENT
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OWNED/DEVELOPED BY:
CJ REAL ESTATE, LLC
PROFILE SCALE
3825 CAMP BOWIE BLVD
HORIZONTAL SCALE: 1" ='
20
FORT WORTH, TEXAS 76107
EMAIL: MJ@HAYDNCUTLER.COM
_JAII
VERTICAL SCALE: 1', =4 9
EXHIBIT D
Certificate of Insurance
Tier 11 Easement Encroachment Agreement Page 13 of 13
Revised 11/2020