HomeMy WebLinkAboutContract 23939-CA1 CITY SECRETARY
CONTRACT NO.
STATE OF TEXAS §
COUNTY OF TARRANT § KNOW ALL MEN BY THESE PRESENTS:
ASSIGNMENT OF ENCROACHMENT AGREEMENT
[City Secretary Contract No. 23939
W}IEREAS, on the 9 day of rune )-1998 , the City of Fort Worth,acting by and
through its duly authorized Planning and Development Deparbnent Director, hereinafter referred
to as the "City," entered into an Encroachment Agreement
Leigh C. b Judith Cariker with
acting by and through its duly authorized
hereinafter referred to as "Grantee," Owner of the property located at
2621 Waits Ave. , Fort Worth ("Property");
Texas, 76109
WHEREAS, a copy of the Encroachment Agreement ("Agreement") is attached hereto as
Exhibit"A"and incorporated herein by reference as if set forth in full;
WHEREAS, the current Grantee under the Agreement,
Leigh C. & .Judith Cariker Assignor," desires to assign the Agreement to
Peter J. & acey a s e g
"Assignee":
NOW, THEREFORE, the City of Fort Worth does hereby consent to the assignment of
the Agreement from Assignor to Assignee.
As consideration for the Assignment of the Agreement, Assignee hereby expressly
accepts and assumes all obligations and liabilities of Assignor under the terms of the Agreement
and agrees to be bound by all the terms,provisions and covenants therein.
APPROVED AS TO FORM AND GRANTOR: Ci� of Fort Worth ALITY:
Assistant City Attorney
it for
Planning and evelopment
Olt P : .
Cl1-Y ? f
ASSIGNOR:
ASSIGNEE:
By: ( ..-.
Leig C. Cariker By. '
P J. Blaisd 1
By:
Xudith Cariker Kacey Blais ell
By:
ATTEST:
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STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME,the undersigned authority,on this day personally appeared Nn to me to be
the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he
executed the same as the act and deed of the City of Fort Worth, a municipal corporation of Tarrant County, Texas,
for the purposes and consideration therein expressed.
r��
Given under my hand and seal of office this the d of 200 1
JOti NYFp(n IRMA SAENZ
Notary Public, State of Texas
My Commission Expires Notary Public in and for
��',lF••1E}C` ,January 28, 2012 The State of TEXAS
/p;,""�
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day personally appeared k`r t C��1 ( . l r�E t
known to me to be the person and officer whose name is subscribed to the fore oing instrument, and acknowledged q to me that he executed the same as the act and deed of ,
and consideration therein expressed. for the purposes
C.
� 1`t,
Given under my hand arid-sea]of office this the day of
NIKKI S, JACKSON
_ s s Notary Public,State of Texas Notary Public in and for '
My Commission Expires The State of TEXAS
February 16,2012
NIKKI S. JACKSON
Notary Public,State of Texas
My commission Expires
STATE OF TEXAS February 16,2012
§
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day personally appeareddj q(�J�
known to me to be the person and officer whose nay ss�ubscribed to the oregoin instrument, and acknowledged
to me that he executed the same as the act and deed offC• pl�
and consideration therein expressed. — for the purposes
Given under my hand and seal of office this the day of dk\ 20kj
,tea VICKI LEE of Texas "�'
Public,State Not Public in and for
}• NoYYC�m nisslon Expires The St to of TEXAS
APtil 15, 2012
ZS:--k hib1- 14
CITY SECRETAR'st�),�
CONSENT AGREEMENT Cc, TRACT NO ,
(HOMEOWNER)
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 City Manager or duly
designated Assistant City Manager, hereinafter referred to as the
"City" , and AHD JUD1T� CAP-1KEL
WA1T-5AvFNUF-
F
al Wopno , TF-AS *76101
hereinafter referred to as "Grantee" .
W I T N E S S E T H
1.
For and in consideration of the payment by Grantee of the
application charge set out below and the true and faithful performance
of the mutual covenants herein contained, City hereby grant-- to
Grantee permission to encroach upon, use and occupy portions of the
space under, on and/or above the streets, alleys, sidewalks and other
public rights-of-way as follows: REMODELING OF= GARAGE: APARTMI�.NI'
REQUIRES PLACING NEW MONOLITHIC SLAB OVER THE EXISTING GRADE BEAMS
RES1,*LTING IN AN UNCROACHNIENT OF TI IE SLAB ONI...Y. ALL N"ERTICAL WALLS
SHALL BEkN,]T1IIN PROPERTY LINES THE SLAB WILL ENCROACH 7" ON TO
PRAIRIE AVL,\UF1 'LO TI-IF EAST PRAIRIF AVFNUE IS NOT USED ,SAS A PUBLIC
THOROUGHFARE_
The location and description of said encroachment is more particularly
described in Exhibit "A" , attached hereto, i..ncorporated herein and
made a part 11creof for all Purpose's.
2.
All construction, maintenance and operation in connection with
such encroachment, use and occupancy shall be performed in strict
compliance with the Charter, Ordinances and Codes of the City and in
i
accordance with the directions of the Director of Transportation and
Public Works of City, or his duly authorized representative. All
plans and specifications therefor shall be subject to the prior
written approval of the Director of Transportation and Public Works,
or his duly authorized representative, but such approval shall not
relieve Grantee of responsibility and liability for concept, design
and computation in the preparation of such plans and specifications.
3.
Upon completion of construction and thereafter, there shall be no
encroachments in, under, on or above the surface area of the streets,
alleys, sidewalks and other public rights-of-way involved, except as
described herein and shown on the hereinabove referred to Exhibit "A" .
4 .
Grantee, at no expense to City, shall make proper provision for
the relocation and/or 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
CONSENT AGREEMX?NT Page 2
such encroachment and use, Grantee shall pay to City an additional
amount equal to such additional cost as determined by the Director of
Transportation and Public Works of the City, or his duly authorized
representative.
5.
City may enter and utilize the referenced areas at any time for
the purpose of installing or maintaining improvements necessary for
the health, safety and welfare of the public or for any other public
purpose. In this regard, City shall bear no responsibility or
liability for damage or disruption of improvements installed by
Grantee or its successors, but City will make reasonable efforts to
minimize such damage.
6 .
In order to defray all costs of inspection and supervision which
City has incurred or might incur as a result of the construction or
maintenance of the encroachments and uses provided for by this
agreement, Grantee agrees to pay to City at the time this agreement is
executed an application charge in the sum of 7WO OORED 7VIRTY-FIVE
Dollars ( $ 135 00 } .
7 .
The initial term of this agreement shall be thirty (30) years,
commencing on the date this agreement is executed.
8.
Upon the termination of this agreement for any reason whatsoever,
Grantee shall, at the option of City and at no expense to City,
restore the public right-of-way and adjacent supporting structures to
CONSENT AGREEMENT Page 3
a condition acceptable to the Director of Transporta-tion and Public
Works, or his duly authorized representative, and in accordance with
then existing City specifications.
9.
It is further understood and agreed between the parties hereto
that the City streets, alleys, sidewalks and other public rights-of-
way, including the portions of such streets, alleys, sidewalks and
other public rights-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 streets 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 streets for the use and benefit of the public. It is
accordingly agreed that if the governing body of City, to wit, its
City Council, should at any time during the term hereof determine in
its sole discretion to use or cause or permit the said portions of the
streets, alleys, sidewalks and other public rights-of-way 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, then this
agreement shall be automatically canceled and terminated.
10.
Grantee understands and agrees that the granting of any
encroachment hereunder is not meant to convey to Grantee any right to
use or occupy property in which a third party may have an interest,
CONSENT AGREEMENT Page 4
and Grantee agrees that it will obtain all necessary permission before
occupying such property.
11.
Grantee agrees to comply fully with all applicable federal, state
and local laws, statutes, ordinances, codes or regulations in
connection with the construction, operation and maintenance of said
encroachments and uses.
12 .
Grantee agrees to pay promptly when due all fees, taxes or
rentals provided for by this agreement or by any federal, state or
local statute, law or regulation.
13.
Grantee covenants and agrees that it shall operate hereunder as
an independent contractor as to all rights and privileges granted
hereunder and not as an officer, agent, servant or employee of City;
that Grantee shall have exclusive control of and the exclusive right
to control the details of its operations, and all. persons performing
same, and shall be solely responsible for the acts and omissions of
its officers, agents, servants, employees, contractors,
subcontractors, licensees and invitees; that the doctrine of
respondeat superior shall not apply as between City and Grantee, its
officers, agents, servants, employees, contractors and subcontractors,
and nothing herein shall be construed as creating a partnership or
joint enterprise between City and Grantee.
CONSENT AGREEMENT Page 5
14.
Grantee 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 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 City; and Grantee hereby assumes all liability and
responsibility for such claims or suits. Grantee shall likewise
assume all liability and responsibility and shall indemnify City for
any and all injury or damage to City property arising out of or in
connection with any and all acts or omissions of Grantee, its
officers, agents, servants, employees, contractors, subcontractors,
licensees, invitees, or trespassers.
15.
Grantee agrees to furnish City with a Certificate of Insurance,
naming City as certificate holder, as proof that it has secured and
paid for a policy of insurance covering all public risks related to
the proposed use and occupancy of the insured's owned or leased
property and which does not exclude the public property as located and
described in Exhibit "A" . The amounts of such insurance shall be not
less than the following:
CONSENT AGREEMENT Page 6
Property damage, per occurrence $100,000
Bodily injury, per person $250,000
Bodily injury or death, per occurrence $500,000
or such insurance may be maintained at the combined single limit of
$500,000 per occurrence with the understanding of and agreement by
Grantee that such insurance amounts shall be revised upward at City's
option and that Grantee shall so revise such amounts immediately
following notice to Grantee of such requirement. Such insurance
policy shall provide that it cannot be canceled or amended without at
least ten ( 10) days' prior written notice to the Building Official of
the City of Fort Worth. A copy of such Certificate of Insurance is
attached as Exhibit "B" . Grantee agrees to submit a similar
Certificate of Insurance annually to City on the anniversary date of
the execution of this agreement.
Grantee agrees, binds and obligates itself, its successors and
assigns, to maintain and keep in force such insurance at all times
during the term of this agreement and until the removal of all
encroachments. All insurance coverage required herein shall include
coverage of all Grantee's contractors or Grantee shall require its
contractors to obtain and provide proof of liability insurance in such
amounts as herein required of Grantee.
At any time during the term of this Agreement, the absence of the
City's expressed request for documentation of required insurance shall
not release Grantee from its obligation to maintain same as stated
herein.
CONSENT AGRF,FMENT Page 7
16 .
Grantee agrees to deposit with 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 so recorded, the original hereof
shall be returned to the City Secretary of the City of Fort Worth,
Texas.
17 .
In any action brought by City for the enforcement of the
obligations of Grantee, City shall be entitled to recover interest and
reasonable attorney's fees.
18.
Grantee covenants and agrees that it will not assign all or any
of its rights, privileges or duties under this contract without the
prior written approval of City, and any attempted assignment without
such prior written approval shall be void.
19.
This agreement shall be binding upon the parties hereto, their
successors and assigns.
j, C"
EXECU'T'ED this --{��� day of � _ � !r� 2'L� , 19�.
CITY OF FORT H,/GRANTOR GRANTEE
l '
l ' / /�7 j
By:
Mike Groomer, Asst. City Manager. %
CONSENT AGREEMENT Pace 8
ATTEST:
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Ccmtract-. a{{{*hori
C,ty Secretary fr
APPROVED AS TO FORM AND LEGALITY:
k.
1- City Attorney
Date:
CONSENT AGREEMENT Page 9
STATE OF TEXAS
COUNTY OF TARRANT y
BEFORE ME, the undersigned authority, a Notary Public in and for
the State of Texas, on this day personally appeared Ni k_ m
e Grooer
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 UN ,a R MY HAND AND SEAT, OF OFFICE this �` day of
' 19_ �-
1i in Ne ary Pu and 'for -
;�
GARAN JANE ODLE the State of exas
NOTARYPUBLIC
State of Texas
Comm. Exp.(?1-a29-2042
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, a Notary Public i d for
the State of. Texas, on this day personally appeared LAP! �. GM_199k
, 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 thg purpo es and onside ation
therein expressed, as the act and deed of I JCS f C. f�t D �'14L)iTll (Akin "
, and in the capacity
therein stated.
GIVEN UNDER MY HAND AND AL OF OFFICE this day of
�` 19 .
." KENNETH N.MOORE �
4! My COMMISSION EXPIRES
November 20,1999
......�.. l
Notary Public in and for
the State of Texas
CONSENT AGREEMENT
Page 10
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Po)icyNu/nbor [7, Ronaym| ��Arriendeci
Coverage affordeoby this policy is provided by
[l S7AT E R\R�� FIRE AND CASUALTY COMPANY, a Stock �ompany 8|oon��ng�on,8|mois
! STATE FARM GENERAL. INSURANCE C{Jk4R4NY. a Stock (,mnpany, B|nomin0kzn. Illinois
|
STATE FARM LLDYD8. Oa|laa. 7exmo
Named Insured and Mailing Address Mortgagee
Cariker, I.eigb C. & Judith Ohio Savings Dank FGB �
2621 Wait�5 Ave, P.O, Box 5409
Ft, Worth, TX 76709 CleveIand/ OH 44101 -0409
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Policy Period __-_ ......
______-
Effective Date: it 12:01 wr: 3\andaN Tin)�� "\ 1he |uowhonof the ^eaidonoep,�emixee/UmaUing
Expiration Date-,
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Reo>d"noePnennises/DvveUiny 2nd Mortgagee
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Locat|on-______-_-_'__'____�' ............
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� Key Rato:.0-6-__-___ ER Inside L Outside city Unrii\a
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Coverages Limit o( Liability Premiums
175, 000
Saot�niProperty Coverage Dwelling
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| Coverage Personal Property 5/ vo vuv
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Personal Property Off 1!L^�L0�L�___
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Section || Liability �� coverage Personal Liability (eaohonovrrence) 000
Coverage Medioa| Paymen,o to0thcro <r�.,0pemon) s
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Deductible Clause 2 _--�0(T�---- --- -- Tv1a1 Po|icyPrennivm G1' 03 �]0_
Deductible Clauoe3
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Other Coverages and Endnruementx Limit cfLiability Prernion`s
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Countersigned ����-l-�t'h_ _ �-. �S g4 �y - � -----_- -� �
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2
® DATE(MWDD1YYYY)
AcoRO EVIDENCE OF PROPERTY INSURANCE 4;&'201(
THIS EVIDENCE OF PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE
ADDITIONAL INTEREST NAMED BELOW. THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE
COVERAGE AFFORDED BY THE POLICIES BELOW. THIS EVIDENCE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE
ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE ADDITIONAL INTEREST.
AGENCY -PHONE COMPANY
1AIC,No,Extq:
BILLUPS INS AGENCIES TRAVELERS HOMF. AND MARINE COMPANY
I I I I TEASLEY LANE
DFNTON.TX'62tr
FAX - E-MAIL
(A/C,No): ADDRESS:
CODE: OC JF45 SUB CODE:
AGENCY
CUSTOMER ID p:
INSURED LOAN NUMBER POLICY NUMBER
PETER.C. [3L.AISDELL& KACEY J. BLAISDELL
0918282774 633 1
EFFECTIVE DATE EXPIRATION DATE _)NI NUED UN?IL
2621 N ALTS AVE 3'15'201 1 3'15 2012 TERMINATED IF CHECKED
FORT NORTH.TX 76109-1434 THIS REPLACES PRIOR EVIDENCE DATED:
PROPERTY INFORMATION
LOCA TIONIDESC RI PTION
2621 WAITS AVE
FORT \ ORTH,TX 76109-1434
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
EVIDENCE OF PROPERTY INSURANCE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS
SUBJECT TO ALL THE TERMS.EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
COVERAGE INFORMATION
COVERAGE I PERILS I FORMS AMOUNT OF INSURANCE DEDUCTIBLE
TRANSACT ON P:?SN.
<4, D E D U,—T aL'
Cvd RAG L T N= 1 -S'-OUNTS APPL:n17
DWELL?NG _ 4io0011 _ _NCL HOME BUYER D1Si.CUNT
OTHER STRUCTURES 416--0 1;dCL LOSS FREE D_SCOUNT
PERSONAL PROPERTY 2912-0 1INc r.CCO'uT:T D:SCGLrN'T
LOS'S -F _ISE i248C0 1NCL PROTECTIVE
PERS--NAL L_A3i_'TY 5-:0-00 NCL
NED.CAL PAYE.ENTS '000 eNCL
REMAS Includin S cial Conditions
RK
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. NOTICE WILL BE
DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
ADDITIONAL INTEREST
NAME AND ADDRESS MORTGAGEE ADD[T O`cAL'NS-)RE--
TI11 C1T% OF FORT 11()R 111 joss PAYEE
11)0(( FI IRI ICKAt+IR 10A STRIJ 1 L;'aa a
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AUTHORIZED R N?AT
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