HomeMy WebLinkAboutContract 41278CITY SECRETARY a ai
CONTRACT NO._
ENCROACHMENT AGREEMENT
STATE OF TEXAS
COUNTY OF TARRANT §
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 Director of Planning and Development Department, hereinafter
referred to as the "City", and Mike and Melissa Palmer hereinafter referred to as
"Licensee", owners of the property located at 2319 Colonial Parkway, Fort Worth,
Texas 76109 ("Property").
WITNESSETH:
1.
For and in consideration of the payment by Licensee of the fee set out below and
the true and faithful performance of the mutual covenants herein contained, City hereby
grants to Licensee 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 follows:
Two (2) side retaining walls. One wall located on the east side of the Property and
the other wall on the west side of the Property.
The location and description of said Improvement and the encroachment is more
particularly described in Exhibit "A", attached hereto, incorporated herein and made a
part hereof for all purposes.
2.
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 Licensee of responsibility
Encroachment Agreement—Admin.-Residential Pa
OFFICIAL RECORD
CITY SECRETARY
e 1 art WORTH, TX
and liability for concept, design and computation in preparation of such plans and
specifications.
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 heremabove referred to Exhibit "A".
4.
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 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, Licensee 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, Licensee understands and agrees
that City shall bear no responsibility or liability for damage or disruption of
improvements installed by Licensee 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, Licensee agrees to pay to
City at the time this Agreement is executed a fee in the sum of Two Hundred Seventy -
Five Dollars ($275.00).
Encroachment Agreement —Admire -Residential Page 2 of 11
7.
The term of this Agreement shall be for thirty (30) years, commencing on the date this
Agreement is executed by the City of Fort Worth.
8.
Upon termination of this Agreement, Licensee 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
Licensee that if this Agreement terminates and Licensee fails to remove the
Improvement, Licensee 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
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 nght 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.
Licensee understands and agrees that the granting of any encroachment hereunder
is not meant to convey to Licensee any right to use or occupy property in which a third
party may have an interest, and Licensee agrees that it will obtain all necessary
permission before occupying such property.
Encroachment Agreement —Admin.-Residential Page 3 of 11
11.
Licensee 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.
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.
13.
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.
14.
LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES
HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS
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
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 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,
SUBCONTRACTORS, LICENSEES 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 ANY AND ALL ACTS OR OMISSIONS OF
Encroachment Agreement —Admin.-Residential Page 4 of 11
LICENSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES, OR
TRESPASSERS.
15.
While this Agreement is in effect, Licensee agrees to furnish City with a
Certificate of Insurance, as proof that it has secured and paid for a homeowner's policy
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 followings
$300,000.00
with the understanding of and agreement by the Licensee that such amounts shall be
revised upward at the City's option and that the Licensee shall so revise such amounts
immediately after receiving notice to Licensee of such requirement. Such insurance
policy shall provide that it cannot be cancelled or amended without at least ten (10) days
wntten notice to the Director of the Planning and Development Department or designee
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 anniversary date of the execution of this Agreement
Licensee agrees, binds and obligates itself, its successors and assigns, to maintain
and keep in force such homeowner's 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 or alleyways.
Licensee shall provide the abovementioned Certificate of Insurance upon
completion and occupancy of the Property but in any event no later than January 31,
2011. Failure to submit such Certificate of Insurance shall result in the terniination of
this Agreement upon written notice to the Licensee.
16.
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 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.
In any action brought by the City for the enforcement of the obligations of
Licensee, City shall be entitled to recover interest and reasonable attorney's fees.
Encroachment Agreement —Admin.-Residential Page 5 of 11
18.
Licensee covenants and agrees that it will not assign all or any of its rights,
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.
EXECU'1'ED this o 3 day of , 201U.
Encroachment Agreement Admin.-Residential Page 6 of 11
City
City of Fort Worth
By:
Ran . e Harwo
Director
Planning and Development
ATTEST:
City Se
etary
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Encroachment Agreement —Admin.-Residential
Licensee
Mike Palmer and Melissa Palmer
By:
Name: Mike Palmer
By:
Name: elissa Palmer
Approved As To Fond Legality
Assistant City Attorney
NO td&C REQUIRED
as -2 —X
OFFICIAL RECORD
CITY SECRETARY
Et WORTH, TX
-_--�Pace 7of11
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 Randle Harwood, 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 the City of Fort Worth, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this �9.ai y of
C� ,2010.
Notary Public in and for
State of Texas
•
R. G. NAREZ
Notary Public, State of Texas
My Commission Expires
September 10, 2013
•
OFFICIAL RECORD
CITY SECRETARY
Pt WORTH, TX
Encroachment Agreement—Admin.-Residential
Page 8 of 11
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 Mike Palmer, 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 Mike Palmer, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this C�4-� day of
-eC Wl I , 20 10 .
OTHER M 'MEDFORD
Nofsry+ Public State of Texas
My commission Expires
May 07, 2012
STATE OF TEXAS
§
COUNTY OF TARRANT §
Notary Public in and for
State of Texas
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared Melissa Palmer, 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 Melissa Palmer, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this l 0/14" day of
Stt4M.b ,20 10.
ESTHER M THEDFORD
Notary Public State of Texas
My Commission Expires
May 07, 2012
Notary Public in and for th
State of Texas
Encroachment Agreement —Admin.-Residential
Page 9 of 11
Form.. Survey plat of
A PORTION OF
LOT 4, BLOCK 7
COLONIAL HILLS
an addition to the. City of Fort Worth,
Tarrant County, Texas
according to the Plat recorded in
Volume 1452, Page 73
Deed Records, Tarrant County, Texas.
BASIS OF BEARINGS: SOUTH RIGHT—OF—WAY UNE OF
COLONIAL PARKWAY AS SHOWN ON PLAT RECORDED IN
VOL 1452. PG. 73. D.R.T.C.T.
1RF DENOTES IRON ROD FOUND
IRS DENOTES IRON ROD SET
MOLLY MORGAN WOLFE
LEGAL DESCRIPTION VOL. 16263. PG. 198
D.RT.CT.
BEING a portion of Lot 4, Block 7, Colonial Hills. en addition to
the City of Fort Worth, Texas according to the plat recorded in
Volume 1452, Page 73 of the Deed Records of Tarrant County,
Texan and being all that certain tract of land described in deed
to Donna L Thomason and Judy Neely recorded in Instrument
No. D205316602. Tarrant County, Texas and more particulcrly
described by metes and bounds as follows:
BEGINNING at a 1/2—inch iron rod found at the Northeast corner
of said Thomason & Neely Trcct being the Northwest corner of
that certain tract of and described in deed to Terry B. Mann and
wife. Allan° A. Mann recorded in Volume 12313. Page 1523 of
the Deed Records of Tarrant County, Texas and lying In the
South right—of—way line of Colonial Parkway (an 80—foot wide
right—of—way);
THENCE S 01' 17' 29" W, 73.35 feet along the common boundary
line between said Thomason & Neely Tract and sold Mann Tract
to a 1000 nail found at the Southeast corner of said Thomason
& Neely Tract lying in the South boundary line of aforesaid Lot
4 and lying by deed 93 feet West of the Southeast corner
thereof;
THENCE S 89' 39' 19" W. 118.74 feet along the South boundary
line of said Thomason & Neely Tract and said Lot 4 to a
3/8—inch iron rod found at the Southwest comer of said
Thomason & Neely Tract being the Southeast corner of that
certain tract of land described In deed to Molly Morgan Wolfe
recorded in Volume 16263. Page 198 of the Deed Records of
Tarrant County, Texas;
THENCE N oY 54' 00" E. 94.04 feet along the common
boundary line between said Thomason & Neely Tract and said
Wolfe Tract- to a 1 /2—inch iron rod set at the: Northwest corner
of said Thomason & Neely Tract lying in the aforesaid South
right—of—way line of Colonial Parkway.
THENCE S 80' 12' 00" E. 116.74 feet along saidright—of—way
line to the PLACE OF BEGINNING. containing 0 225 acre 9780
square feet) of land.
231
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S79°35'00'E 116.
S 4H�`2100"E 11' (deed)
DONNA L. ITIOMASON & — '�• 74'
JUDY NEELY
INST. No. D205316602
T.C.T.
KWAy
SCALE:
�25 8ILDIN
VL, 1452 P UNE
Q.R. TX. 73
...........• LOT4
BLOCK
9RICK
WALL
1.8'—
FORMS ONLY
(ACCORDING TO BUILDER. FORMS ARE TO
EDGE OF PROPOSED FOOTING - EXTERIOR
OF HOUSE WILL BE 0.33 FEET INSIDE)
1C of
' 1 /2"lRF
0.3' South
of T.
LOT 6
S 89°39' 19"19 7ri :.14
S 89°30'W 118' (deed)
LOT 5
CERTIFICATE
THE PLAT HEREON IS A TRUE, CORRECT, AND ACCURATE REPRESENTATION OF THE PROPERTY AS
DETERMINED BY SURVEY, THE LINES AND DIMENSIONS OF SAID PROPERTY BEING AS INDICATED BY
THE PLAT. THE SIZE, LOCATION, AND TYPE OF BUILDINGS AND IMPROVEMENTS ARE AS SHOWN.
ALL IMPROVEMENTS ARE SET BACK FROM THE PROPERTY LINES THE DISTANCE INDICATED AND
THERE ARE NO VISIBLE ENCR9ACHMENTS OR VISIBLE EVIDENCE OF EASEMENTS EXCEPT AS SHOWN.
5
1"=30'
WM
rin
5.-
- N
N
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r4—
o
C--c'HAIN UNK FENCE
STOCKADE FENCE
Coombs Land Surveying, Inc.
P.O. Box 11370 Fort Worth, Texas 76110
4374 W. Vickery Blvd. Fort Worth, Texas 76107
(817) 731-6400 (817) 731-6402 FAX
CLS JOB No. 07-0107
GF No. NONE
R 7�Ir1t�IE{ .li/AW.
PLACE OF
BEGINNING
'0
0�,
4' UTILITY ES'MT. /1/
VOL. 1452, PG. 73
D.R.T.C.T. 1�
4
* N 0 T E
ALL SUBJECT PROPERTY BOUNDARY
LINE BEARINGS AND DISTANCES ARE
PLAT & ACTUAL UNLESS OTHERWISE
NOTED HEREON.
* N 0 T E *
NO PORTION OF THIS PROPERTY
LIES WITHIN A 100—YEAR FL000
BOUNDARY LINE ACCORDING TO
THE NATIONAL FLOOD INSURANCE
PROGRAM'S FL000 INSURANCE
RATE MAP FOR THE CITY OF
FORT WORTH, TARRANT COUNTY,
TEXAS, COMMUNITY PANEL No.
48439C0405 J, MAP REVISED
R = 342.47 AUGUST 23, 2000.
L = 93.30'
TERRY B. MANN &
WIFE. ALLANA A. MANN
VOL 12313. PG. 1523
D.R.T.C.T.
-- 1 /2"1RF
SURVEYED ON THE GROUND
JANUARY 1 &. 2010
1-
RONALD W. C00MBS, R.P.L.S.•
STATE OF TEXAS No. 5294
LOT 4
CITY SECRETARY ,1
CONTRACT NO: "1
ENCROACHMENT AGREEMENT
STATE OF TEXAS
COUNTY OF TARRANT §
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 Director of Planning and Development Department, hereinafter
referred to as the "City", and Mike and Melissa Palmer hereinafter referred to as
"Licensee", owners of the property located at 2319 Colonial Parkway, Fort Worth,
Texas 76109 ("Property").
WITNESSETH:
----------
1.
For and in consideration of the payment by Licensee of the fee set out below and
the true and faithful performance of the mutual covenants herein contained, City hereby
grants to Licensee 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 follows:
Two (2) side retaining walls. One wall located on the east side of the Property and
the other wall on the west side of the Property.
The location and description of said Improvement and the encroachment is more
particularly described in Exhibit "A", attached hereto, incorporated herein and made a
part hereof for all purposes.
2.
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 Licensee of responsibility ,
en
tpu Aimee
CITY SECRETARY
FT. WORTH, TX
Encroachment Agreement Admin.-Residential Page 1 of 11
and liability for concept, design and computation in preparation of such plans and
specifications.
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.
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 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, Licensee 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, Licensee understands and agrees
that City shall bear no responsibility or liability for damage or disruption of
improvements installed by Licensee 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, Licensee agrees to pay to
City at the time this Agreement is executed a fee in the sum of Two Hundred Seventy -
Five Dollars ($275.00).
Encroachment Agreement—Admin.-Residential Page 2 of 11
7.
The ten ni of this Agreement shall be for thirty (30) years, commencing on the date this
Agreement is executed by the City of Fort Worth.
8.
Upon termination of this Agreement, Licensee 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
Licensee that if this Agreement terminates and Licensee fails to remove the
Improvement, Licensee 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
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 teitn hereof determine in its sole discretion to use or cause or permit the nght 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.
Licensee understands and agrees that the granting of any encroachment hereunder
is not meant to convey to Licensee any right to use or occupy property in which a third
party may have an interest, and Licensee agrees that it will obtain all necessary
peunission before occupying such property.
Encroachment Agreement —Admin.-Residential Page 3 of 11
11.
Licensee 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.
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
13.
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.
14.
LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES
HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS
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
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 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,
SUBCONTRACTORS, LICENSEES 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 ANY AND ALL ACTS OR OMISSIONS OF
Encroachment Agreement —Admin.-Residential Page 4 of 11
LICENSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES, OR
TRESPASSERS.
15.
While this Agreement is in effect, Licensee agrees to furnish City with a
Certificate of Insurance, as proof that it has secured and paid for a homeowner's policy
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'
$300,000.00
with the understanding of and agreement by the Licensee that such amounts shall be
revised upward at the City's option and that the Licensee shall so revise such amounts
immediately after receiving notice to Licensee of such requirement. Such insurance
policy shall provide that it cannot be cancelled or amended without at least ten (10) days
written notice to the Director of the Planning and Development Depaitinent or designee
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 anniversary date of the execution of this Agreement.
Licensee agrees binds and obligates itself, its successors and assigns to maintain
and keep in force such homeowner's insurance at all times during the Willi of this
Agreement and until the removal of all encroachments and the cleaning and restoration of
the city streets or alleyways.
Licensee shall provide the abovementioned Certificate of Insurance upon
completion and occupancy of the Property but in any event no later than January 31,
2011. Failure to submit such Certificate of Insurance shall result in the termination of
this Agreement upon written notice to the Licensee.
16.
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 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.
In any action brought by the City for the enforcement of the obligations of
Licensee, City shall be entitled to recover interest and reasonable attorney's fees.
Encroachment Agreement —Admin -Residential Page 5 of 11
18.
Licensee covenants and agrees that it will not assign all or any of its rights,
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.
3dayEXECUTED this of ISLcs..\ztei\
, 2o )
Encroachment Agreement Admin.-Residential Page 6 of 11
City
City of Fort Worth
By:
Ran . le Harwood
Director
Planning and Development
ATTEST:
City S ecrery
vic?,AZ). 0 rim,
r. +
dce *
00a0
Licensee
Mike Palmer and Melissa Palmer
By:
f-VilAisti".
Name: Mike Palmer
By:
Name: Melissa Palmer
Approved As To Form and Legality
(
Assis
f)
ant City Attorney
- .._•.. -
O Wia REQUIRED
-
CITY .,(= I _ C Z 117 ;
Encroachment Agreement —Admin.-Residential
Page 7of11
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 Randle Harwood, 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 the City of Fort Worth, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this cc4ay of
Ita , 20 1 0 •
•
-Ar 6 l
Notary Public in and fo the
State of T
it
``��11t•f/i,,i
.�•‘sit
�•. • pus �,
• -
•_
•
i •• f ' •,\
�'•`
�,,t„,toft;‘`.
R. G. NAREZ
Texas
Notary Public, State
My Commission Expires
Soptemtet 10, 2013
•�
OFFICIAL RECORD
CITY SECRETARY
. FT. WORTH, TX
Encroachment Agreement—Admin.-Residential
Page 8 of 11
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 Mike Palmer, 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 Mike Palmer, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this I G4-14 day of
De Ce Y11. tAr , 20 ) .
ESTHER M THEDoORD Texas
Notary Public, State
My Commission Expires
May 07, 2012
STATE OF TEXAS
COUNTY OF TARRANT §
Notary Public in and for the
State of Texas
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared Melissa Palmer, 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 Melissa Palmer, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this jS day of
cue n419-er , 20 10 .
ESTHER M THEDFORD
Notary Public, State of Texas
My Commission Expires
May 07, 2012
-ia
Notary Public in and for tl'e
State of Texas
ir
.Ian ti!
• t t
Encroachment Agreement—Admin.-Residential
Page 9of11
Form Survey plat of
APORTION OF
LOT 4, BLOCS 7
COLONIAL HILLS
an addition to the City of Fort Worth,
Tarrant County, Texas
according to the Plat recorded in
Volume 1452, Page 73
Deed Records, Tarrant County, Texas.
MOLLY MORGAN WOLPE
VOL 16263. PG. 198
LEGAL DESCRIPTION
D.R.T.C.T.
BANG a portion of Lot 4, Block 7; Colonial Hills, an addition to
the City of Fort Worth, Texas according to the plat recorded in
Volume 1452. Page 73 of the Deed Records of Tarrant County,
Texas and being all that certain tract of lend described in deed
to Donna L Thomason and Judy Neely recorded In Instrument
No. D205316602, Tarrant County, Texas and more particulorty
described by metes and bounds as follows:
BEGINNING at a 1/2—inch iron rod found at the Northeast corner
of sold Thomason & Neely Tract being the Northwest corner of
that certain tract of and described In deed to Terry 8. Mann and
wife, Allana A. Monn recorded in Volume 12313, Page 1523 of
the Deed Records of Tarrant County, Texas and lying In the
South right—of—way line of Colonial Parkway (an 80-foot wide
right—of—way);
THENCE S or 17' 29" W, 73,35 feet along the common boundary
line between said Thomason & Neely Tract and sold Mann Tract
to a 100D nail found at the Southeast corner of sold Thomason
& Neely Tract lying in the South boundary line of aforesaid Lot
4 ono lying by deed 93 feet West of. the Southeast comer
thereof:
THENCE S 89' 39' 19' W. 118.74 feet along the South boundary
line of sold Thomason & Neely Tract and said Lot 4 to a
3/8—inch Iron rod found at the Southwest comer of said
Thomason & Neely Tract being the Southeast corner of that
certain tract of land described In deed to Molly Morgan Wolfe.
recorded in Volume 16263, Page 198 of the Deed Records of
Tarrant County, Texas;
THENCE N OY 54' 00'_ E. 94.04 feet along the common
boundary line between sold Thomason & Neely Tract and sold
Wolfe Tract to. a 1/2—inch Iron rodsat at the' Northwest corner
of said Thomason & Neely Tract lying in the aforesaid South
right—of—way line. of Colonial Parkway,
THENCE S 80' 12' 00' E, 116.74 feet' along said right—of—way
line to the PLACE OF BEGINNING. containing 0.225 acre- 9780
square feet) of land.
BASIS OF BEARINGS: SOUTH 'RIGHT—OF—WAY UNE OF
COLONIAL PARKWAY AS SHOWN ON PLAT RECORDED IN
VOL 1452, PG. 73, O.R.TC.T.
IRE DENOTES IRON ROD FOUND
IRS DENOTES IRON ROD SET
2318
COLONIAL
RG'lAlrlinl kL4(,L O L L, P
w/ CONC. CURB VEMENT 4 R K W A Y
sfREEr ucHr 0 80' j�,O & GU77ER
T' SCALE: 1"
rn
ge
•
oei
z�
FENCE UNK
7.0'
••\46 d $ i/21RF
0.3' South
of
LOT 6
Wars .7 tdeed)
416.741
DONNA L. THOMASON & +ti,�
JUDY NEELY j
INST. No. EQ45316602 J
T.C.T.
QL 4ID1 GONE 1
CtR.T•C.T, • 73
• LOT 4
BLOCK 7
1
1
FORMS ONLY
(ACCORDING TO BUILDER, FORMS ARE TO
OF HOUSE 'MOF PROPOSED FOOTING
33 FEET INSIDE)
S 89°39'19" ' Th3.14
S 89°30'W 118' (deed)
LEM 5
CERTIFICATE
THE PLAT HEREON IS A TRUE, CORRECT, AND ACCURATE REPRESENTATION OF THE PROPERTY AS
DETERMINED BY SURVEY, THE UNES AND DIMENSIONS OF SAID PROPERTY BEING AS INDICATED BY
THE PLAT THE SIZE, LOCATION, AND TYPE OF BUILDINGS AND IMPROVEMENTS ARE AS SHOWN.
ALL IMPROVEMENTS ARE SET BACK FROM THE PROPERTY LINES THE DISTANCE INDICATED AND
THERE ARE NO VISIBLE ENCRQACHMENTS OR VISIBLE EVIDENCE OF EASEMENTS EXCEPT AS SHOWN.
w
M
tRRY B, MANN &
W'IPE. AILINA A. MANN
9''Es VOL 12313, PG.1523
IN; ' DJtT.C.T.
�O9
Coombs Land Surveying, Inc.
P.O. Box 11370 Fort Worth, Texas 76110
4374 W. Vickery Blvd, Fort Worth, Texas 76107
(817) 731-6400 (817) 731-6402 FAX
CLS JOB No, 07-0107
GF No. NONE
= 30'
RGTifrlo16; W4U,
PLACE OF
BEGINNING
NOTE'
ALL SUBJECT PROPERTY BOUNDARY
LINE BEARINGS AND DISTANCES ARE
PLAT & ACTUAL UNLESS OTHERWISE
NOTED HEREON.
NOTE'
NO PORTION OF THIS PROPERTY
LIES WITHIN A 100—YEAR FL000
BOUNDARY LINE ACCORDING TO
THE NATIONAL FL000, INSURANCE
PROGRAM'S FL000 INSURANCE
RATE MAP FOR THE CITY OF
FORT WORTH,TARRANT COUNTY,
TEXAS, COMMUNITY PANEL No.
48439C0405 J, MAP REVISED
R = 342.47, AUGUST 23, 2000.
L = 93.30'
e
ryJ CHAIN UNK FENCE
STOCKADE FENCE
1O
O
4' UTIUTY ES'MT. 014
VOL 1452, PG. 73 9e
D.R.T.C.T. A`L
• o
/YIRF
SURVEYED ON THE GROUND
JANUARY 1 & 2010
LOT 4
RONALD. W. COOMBS, R.P.L.S.•
STATE OF TEXAS No. 5294
MARY LOUISE GARCIA
COUNTY CLERK
•
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t14 `S#
r e
a
4 `
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r f,.tFf
FTW CITY SECRETARY
1000 THROCKMORTON STREET
FTW, TX 76102
Submitter: CITY OF FORT
WORTH/DEVELOPMENT &
PLANNING
100 West Weatherford Fort Worth, TX 76196-0401
PHONE (817) 884-1195
DO NOT DESTROY
WARNING -THIS IS PART OF THE OFFICIAL RECORD.
Filed For Registration: 1/7/2011 11:05 AM
Instrument #: D211005330
A 12 PGS $56.00
r
- eti ireir-e7----4;:•-•: -kr cter,c6C-Ala
By.
D211005330
ANY PROVISION WHICH RESTRICTS THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY
BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW.
Prepared by: DBWARD