HomeMy WebLinkAboutContract 59649Date Received: 6/23/2023
Time Received: 8:15 a.m.
Record Number: PN22-00039
City Secretary No.: 59649
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 Daniel Alonso, property owner
("Licensee").
RECITALS
WHEREAS, Licensee is the owner of the real property located at 1325 East Fogg
Street, Fort Worth, Texas 76115 ("Property"), more particularly described as being Lots
21 and 22, Block 2 of Weisenberger Addition No.4, an addition to the City of Fort Worth,
Tarrant County Texas, as recorded in Deed Records, by Instrument Number D221059040
, in Tarrant County, Texas, and;
WHEREAS, the City owns a sanitary sewer easement (the "Public Property")
adjacent to the Property, recorded in the Deed records of Tarrant County, Texas,
by instrument number D220246579; 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 "A," but only to the extent shown thereon, for the purpose of constructing,
installing, and maintaining a 2' portion of building (the "Encroachment"). Upon
completion of the Encroachment, Licensee agrees to be responsible for maintaining the
Encroachment within the Public Property. Licensee shall not expand or otherwise cause
Tier II Easement Encroachment Agreement OFFICIAL RECORD page 1 of 13
CITY SECRETARY Revised 11/2020
FT. WORTH, TX
the Encroachment to further infringe in or on the Public Property beyond what is
specifically described in Exhibit "A."
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.
:1
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
the Water Department, the Director of the Development Services Department or their
Tier II Easement Encroachment Agreement Page 2 of 13
Revised 11/2020
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 Seven Hundred Dollars ($700.00).
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 II 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
$300,000
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 "B" 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 II 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 II 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.
20.
This Agreement shall be binding upon the parties hereto and their successors and
assigns.
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 II Easement Encroachment Agreement Page 6 of 13
Revised 11/2020
City: Licensees
5
CITY OF FORT WORTH Property Owner
By DJ Harrell (Jun 22, 2023 09:48 CDT) BY.
Y..
D.J. Harrell, Director of the Name: Daniel Alonso
Development Services Department Tittle: Ow
n
er
Date: Jun 22, 2023 Date: G
6ovvpq
4 n�
°
ap0. foRr 0d'
ATTEST: o~�°o�'.,o Approved As To Forrn and Legality
duo o=a
o
4�uEap544p
Jannette Goodall, Jeremy Amato-Mensah
City Secretary Assistant City Attorney
Date: J u n 23, 2023
Date: J u n 15, 2023
Contract Compliance Manager:
By signing t acknowledge that l am the person
responsible for the monitoring and administration
of this contract, including ensuring all performance
and reporting requirements.
Rebecca Deane Owen
Rebecca Diane Owen (Jun 15, 2023 15:28 CDT)
Rebecca Owen
Development Services
Date: J u n 15, 2023
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Tier II kawnent Hacroachmmt Agreement Page 7 of 13
Rovised 11 t2020
>r 11 H I by J_l!I Il OlU :ty 1111111i�1 OUJ . M 1111 .Jf 11 l�J l�l Il fly Irl�J►1 IiA'
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 22nd day of
June . 20 23
WendL. Digitally signed by
Y Wendy L. Beardslee
6 e a r d s I e e Date: 2023.06.23
10:51:05-05'00' ocPRYp�e, WENDY L BEARDSLEE
z Notary Public
Notary Public in and for the State of Texas * * STATE OF TEXAS
Notary I.D. 13323719-3
OF My Comm. Exp. July 28, 2025
After recording return to:
Development Services Department
Development Coordination Office
200 Texas Street
Fort Worth, Texas 76102
Tier II Easement Encroachment Agreement Page 8 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
SFXA3 on this day personally appeared Daniel AEonso. property owner (Title)
kno\Nm 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 and in the capacity therein stated.
20 �2-
3
GIVEN UNDER MY HAND AND SEAL OF OFFICE this m 1 day of Q ( ,
is in and for the
► r,
AEVAmG SUBOOOSN,A6 FLEW
r M My Eo>:,miss�m Expires
a July 11, 2026
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EXHIBIT A
Depiction and description of the
Encroachment
Tier II Easement Encroachment Agreement Page 10 of 13
Revised 11/2020
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PAGE IOF 1
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EXHIBIT V
ZS FOOT
SANITARY SEWER EASEMENT
1,144 SQUARE FEET
(0.026 ACRES)
LOT 21, BLOCK 2
WEISENSERGER AODI TION NO. 4
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
SANITARY SEWER REHABILITATION
CONTRACT 94
CITY PROJECT NO.: 100421
Page 5 of 6
Exot+ �
RecolaejA
EaSmenl
EXHIBIT "A"
7-5-FOOT SANITARY SEWER EASEMENT
1,144 SQUARE FEET (0.026 ACRES)
LOT 21, BLOCK 2, WEISENBERGER ADDITION NO. 4
W.R. LOVING SURVEY, ABSTRACT NO.948
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
SANITARY SEWER REHABILITATION, CONTRACT 94
CITY PROJECT NO.. 100421
BEING a 1,144 square feet (0.026-acre) tract of land located in the W. R. Loving Survey, Abstract
No. 948, Tarrant County, Texas, and being a part of Lot 21, Block 2 of Weisenberger Addition No.
4, an addition to the City of Fort Worth, Tarrant County, Texas, according to the plat thereof recorded
in Volume 388-C, Page 19 of the Plat Records of Tarrant County, Texas (P.R.T.C.T.), and also being
out of that tract of land conveyed to Precious Real Estate Holdings, LLC, according to the deed thereof
recorded in Instrument No. D217087482 of the Deed Records of Tarrant County, Texas (D.R.T.C.T.)
and being more particularly described by metes and bounds as follows:
BEGINNING at a %-inch iron rod found at the southeasterly corner said Lot 21, said point also being
the southwesterly corner of Lot 20 of said Block 2, Weisenberger Addition No. 4, said point also
being on the northerly right-of-way [ine of Fogg Street (a 50-foot right-of-way);
THENCE South 89 degrees 54 minutes 07 seconds West, along the southerly line of said Lot 21 and
the northerly right-of-way line of said Fogg Street, a distance of 7.50 feet to a '/-inch iron rod set
with yellow plastic cap stamped "LIM ASSOC" for corner;
THENCE North 00 degrees 00 minutes I I seconds East, over and across said Lot 21, a distance of
152.51 feet to a %-inch iron rod set with yellow plastic cap stamped "LIM ASSOC" on the common
line of Lots 8 and 21 of said Block 2, Weisenberger Addition No, 4 for corner;
THENCE South 89 degrees 50 minutes 41 seconds East, along the common line of said Lots 8 and
21, a distance of 7.50 feet to a'/s-inch iron rod found at the common corner of Lots 8, 9, 20 and 21 of
said Block 2, Weisenberger Addition No. 4;
THENCE South 00 degrees 00 minutes I 1 second West, along the common line of said Lots 20 and
21, a distance of 152.47 feet to the POINT OF BEGINNING and containing 1,144 square feet or
0.026 acres of land, more or less.
BASIS OF BEARING is the State Plane Coordinate System,
North American Datum of 1983, Texas North Central zone 4202.
PAGE 1 OF I
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- DEED RECORDS, TARRANT COIOM, TEXAS
PR.T.C.T.
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PAGE 1 OF 1
EX MT "B„
7.5-FOOT
SANTARY SEWER EASEMENT
1,144 SQUARE FEET
(0.026 ACRES)
LOT 21, BLOCK 2
WE1S'ENBERGER ADDITION NO, 4
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
SANfTARY SEWER REHABILITATION
CONTRACT 84
CITY PROJECT NO.: 100421
LEGAL DI3GRIPTICLAS *I a" aloft III 10-ft 111P.W
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may affect this Proparty.
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& LAND SURVEYING, INC.
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EXHIBIT B
Certificate of Insurance
Tier II Easement Encroachment Agreement Page 11 of 13
Revised 11/2020
DECLARATIONS
Coverage afforded by this policy is
We will provide the 1provided by:
insurance described in
this policy in return for the premium ESTATE FARM LLOYDS
and compliance with all applicable JA Lloyds Company in Richardson,Texas
provisions of this policy. APO Box 853907
----------------------------------------Richardson TX 75085-3907
93-GN-HO95-6 Policy Number
------------ ---I
Named Insured and Mailing Address
ALONSO, DANIEL & SONIA -------------------------------------
5733 ROBIN CT
HALTOM CITY, TX 76148-4023
-------------------------------------------------------------------------------
The Policy Period begins and ends at
lAutomatic Renewal - If the Policy
12:01 a.m. Standard Time at the residence
lPeriod is shown as 12 months, this
premises.
1policy will be renewed auto-
matically subject to the premiums,
09/01/2022 Effective Date
Irules and forms in effect each
12 months -Policy Period
Isucceeding policy period. If this
09/01/2023 Expiration of Policy Period
1policy is terminated, we will give
-------------------------------------------lyou and the Mortgagee/Lienholder
Limit of Liability - Section 1
lwritten notice in compliance with
$ 301,000 Dwelling (Coverage A)
Ithe policy provisions or as
Actual Loss Loss of Rents (Coverage C)
Irequired by law.
Sustained-
I -----------------------------------
12 months
Deductibles - Section 1 20/ $6020
Policy Type
JALL LOSSES In case of loss under
Rental Dwelling Policy
Ithis policy, the deductible will be
Special Form 3
Japplied per occurrence and will be
deducted from the amount of the
-------------------------------------------floss.
Other deductibles may apply
Location of Premises
I- refer to your policy.
1325 E FOGG ST
FORT WORTH, TX 76115
1
-------------------------------------------------------------------------------
1--- ----------------------
IPolicy Premium $1,511.00
Forms, Options, & Endorsements
Mortgagee
SONIA ALONSO
HALTOM CITY, TX 76148
Loan Number:
Agent Name &
ELOY LEAL
5621 BUNKER
WATAUGA, TX
76148-1910
Address
BLVD
(817)656-9696
-------------------------------------------------------------------------------
Prepared: September 1, 2022 7172
Agent's Code
559-916.5 MORTGAGEE COPY
PREMIUM NOTICE
STATE FARM INSURANCE COMPANIES
AGENT ISSUED DECLARATIONS
--------------------------------------------------------------
IPOLICY NUMBER I BILLING PERIOD I AGENT CODE
93-GN-HO95-6 I FROM 09/01/2022 1 TO 09/01/2023 1 7172
--------------------------------------------------------------
LOCATION
1325 E FOGG ST
FORT WORTH, TX 76115
INSURED
ALONSO, DANIEL & SONIA
5733 ROBIN CT
HALTOM CITY, TX 76148-4023
MORTGAGEE
SONIA ALONSO
HALTOM CITY,
Loan Number:
PREMIUM $ 1,511.00
AMOUNT PAID $ 867.00
AMOUNT DUE $ .00
DATE DUE 05/20/2023
AGENT NAME & ADDRESS
ELOY LEAL
TX 76148 5621 BUNKER BLVD
WATAUGA, TX
76148-1910 (817)656-9696
This is the only notice you will receive. Please make check payable
to STATE FARM and return it with this notice to the address shown below.
Your canceled check is your receipt. Thanks for letting us serve you.
STATE FARM INSURANCE COMPANIES
PO Box 650436
Dallas, TX 75265-0436