HomeMy WebLinkAboutContract 28039, � ,
STAi� OF i�XAS §
C�UN�Y 4� �ARRAN� § CIiY ��w��i'r��Y ���C1
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UNDERGROUND LIC�NSE AGR�EM�NT -
ihis Underground License Agreement is made and entered into at Fort Worth, �exas,
by and between the City of Fort Worth, a homerufe municipal corporation of Tarrant
County, Texas, and Da�id Mosby, Lessees of �ot 30, �lock 31, Lake Worth Lease
Survey to the City of Fort Worth, Texas, for the sole purpose of permitting the �essees
to construct and instal! a wat�r pipe on #he property shown on �xhibit "A", which will
serve the residence located on the aforementioned iot and to run under property owned
and controlled by the City of Fort Worth.
1.
As used in this Underground License Agreement::
"�ge��m�n�" shall mean this Underground �icense �4greement.
"Cif�" shall mean the City of Fort Worth, Texas.
°`H��rdeU� l��ste" is defined as ar�y solid waste identified or listed as a hazardous
waste by the administrator of the United States �nvironmental Protection Agency
pursuant to t�e #ederal Solid Waste Disposal Act, as amended by �the Resource
Conservation and Recovery Act, 4� U.S.C. §§6901 et seq., as amended.
"�i��n���° shall mean the Lessee of Lot 30, �Iock 31, Lake Worth Lease Survey to t�e
City of �ort Worth, currently �]avid Mosby, and shall includ� the heirs, successors and
assigns of Licensee, as weH as Licensee's agents, s�rvants, emp�oyees,
representatives ar�d independent contractars. ihis provision sl�all not alter in any way
the requirements o# Paragraph � herein. The term shall include anyone claiming
ownership of ti�e lfV�ter� f�ip� or in possession thereof, including but not limited to: the
record �essee of the �eased �remises; the actuai lessee of the Leased �remises;
UND�RGROUND LICENSE AGREEM�N7 Page I
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ar�yone claiming ownership of the leasehold interest in the �eased Premises; andlor
anyvne in actual possession of the �eased Premis�s.
"�����d Pr�rni���" shall mean the property located at �ot 3D, �loc�t 3i, �ake Worth
Lease S�r�ey to t�e City of Fort Worth, Texas, and a{so known as 8228 Kildeer Circle.
°Lic�nse �r���" shall mean all of that underground area as described in any fie{d notes
andlor as shown on any maps attached hereto as �xf�ibit "A".
�.
�he City does hereby license and grant to �icerrs�e, for and in consideration of
One dollar ($1.00j to be paid annually on September 1 of each year this Li��n�� is in
effec�, and the further agre�ments of the parties as expressed herein, the pri�ilege of
constructing, operating and maintaining an underground lf����r Pipe within the Li��n��
i4r�a.
S.
�he term of this Agre�m�nf shall expire or terminate September 30, 2�07 unless
a prior termination is �ffected by either party hereto pursuant to the termination
pro�isions expressed within the body of this Ac�reer�en�. �his d�re�m�nf may be
renewed once for a five year term under the same terms of this �egr��m�ni upon
�i��n��e renewal or in writing at ieas# 90 days before the termination of this
�,��eement. �ither party may terminate this �4gr��r��nfi withou# cause u€pon at least
thirty {30) days written notice to the other party, Said notice shall specify the date of
termination. ln the e�ent of terminativn pursuant to this paragraph, Lic�r���� shall be
obligated to remove all impro�ements from th� �i�en�� Area and restore Lic�ns� Ar�e�
UN�ERGROIJND LICENSE AGREEMENT - "-
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to as goad a condition as existed prior to the installation of th+e improvements, at
�i��n��'� expense. Li��n��� expressly covenants, acknowledges and agrees that
Lie�nse�'� breach ar �iolation of any term, co�enant, agreement or condition contained
in this Agr��r��nf is good cause for the �i�y to terminate this ��r�em�nt within 45
days of notic� from the �i�y of receipt by Licen�e� of termination of the license by
default in the event the default is not cured by Li��n�� wit�in the 45 day period.
4.
6icens�e co�enants and agrees that only one '1�9l���r Pip� will be constructed,
operated and maintained within the �i�en�� Ar�a; that the 1�a��P �i�� wil! serve only
one residence located on the L����d Pr�mis�s; and that, under no circumstances, will
the l��f�� �ipe be used for multiple r�sidences or for commercial purposes.
�.
�i�ens�e co�enants and agrees that �i��n��� shall not assign or sublease all or
any part ofi Li��r���e`s rights, pri�ileges, duties or interests under this Agr��ment
without first obtaining the written consent of the �i�y, and any attemp� to assign or
sublease all or part hereof without first obtaining sucl� pr'[ar written consent by the City,
shall be �oid and shall constitute a breach of this Ag���rnent. �icense� f�rther
understands, covenants and agrees that this �g���m�n� and Lic�t�see's interest
herein shall run with the �eas�d Pr�r�i��s and may not, �nder any circumstances, be
assigned or subleased independ�nt of the L��s�d Pr�mises. �ic�ns�� covenants ar�d
agrees that this A�reem�n� is solely� for the purpose of permitting L➢��r�s�� to
construct, operate, maintain and Iocate the 1aVa#�r �ipe withiri the l�ic�nse Ar�a and is
UN�ERGROUND LICENSE AGR�EMENT
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not a conueyance of any right, title or interest in the Lic��s� �r��a. �i�ens��
co�e�ants and agrees that this �l�r�ern�nt is solely for the benefit of Li�en���, and the
granting of this license is in no way legally required of the City.
�
Lic��s�� covenants and agrees that, as constructed, operated and maintained,
the 1Ma��� Pi� wil{ be entirely underground, and shall not ir�terfere with the use of the
surface of the �ic�ns� Area. �ic�n��� covenants and agre�s that the 1N��er Pip� will
never i�terfere in any way with use of the roadway of Kildeer (#h� r�ad►r+►ay); that
absolutely no cuts or hol�s of any kind of character will be made in the surface af t�e
r���rn�ay or within fi�e (5) feet on both sides of the �oadway; and that the 1d��t�r �ipe
will not go under th� r��dw�y.
�.
�Ic�nsee co�enants and agrees that �i�en��� will mair�tain the �i��n�� Ar��,
including all r�on-roadway surface areas, artd keep same� in good condition and repair at
Li����ee's sole cost and expense. Lic�ns�e's maintenance shall include t�e mowing
of all grassy areas, and the proper disposa[ of all garbage, trash, fitter and debris. Ail
main#enance, repair and upkeep shall be in accordance with all applicable federal, state
and local laws, rules, regulations and specifications. Licer�see shall nat infroduce any
hazardous waste into the Li�en�� Ar�a. �i�ensee sha11 not commit nor allow to be
committed any waste in the ��cens� A���, or on the surFace thereof, nor shall l�icen��e
maintain, commit or permit the mai�tenance or commission of any nuisance in the
Licens� Are�, or on the surface thereof, or use the �i��n�� Are�, or on the surface
UND�RGROUND LIGENS� AGREEMENT
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thereaf for any unlawful purpose. Li��n��� shall not cut any trees, limbs, shrubs or
other �ege�ation, other than in accordance with ti�is Paragraph, without the prior written
consent of the �ity, nor shall Licen��� take any other action resulting in damage to
�ify properly. It is further expressly understood and agreed beiween the parties hereto
that the Cify holds the City stree#s, alleys, sidewalks, and other public rights�of�way ar�d
public par4�s as trus#ee for the pubfic; that the �ity exercises such powers over such
locations as ha�e been delegated to it by the Constitution or by the �egislature; and that
the �i�y cannot contract away its duty and its legislative power to eontrol such �ocations
for the use and benefit of the public. l�i�er�se� expressly acknowledges and agrees
that the license granted herein is exclu5ive.
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Lic�ns�e covenants and agrees that the 1N�ter Pip� shall be at least twefve (12y
inches under the surface of the �i�ense Ar��.
�icen�� co�enants and agrees that the l�ater� �ip� will comply with all standards,
policies and procedures of the United States, the State of Texas, and the City
governing design, con�truc#ion, operation and maintenance. In constructing, altering,
operating, using, maintaining and removing the �at�r Pip�, �icen��� shall at ail times
comply wifih all �ity, Stat�, �ederal �aws, statutes, ordinances, rules and regulations,
and with all terms, covenants and conditions contained in this �g���rnent. Pr�or to the
construction of the lNat�r �ip�, Li��r�se� shall submit plans and specifications to the
�i$y. Lic��s�e shall not commence construc�ion of the �Vat�r Pipe until the �ify has
UNDERGROUND LlCENSE AGREEMENT ��-' �
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indicated to �ic�nse� in writing that it has no objections to said plans and
specifications. Any subsequent repair, replacement or alteration of the 1�Rl�i�r I�ipe
must also be su�mitted to the �ify with the plans and speci�ications therefor, and the
City must indicate in writing that it has no objections thereto prior to the commencement
of such work. �1C�N��E W�RE�Y �������� Tb� CI�Y F��M �P�Y
R��PONSI�I�lilr �R LI��1�1T1' IN AiVY �I�Y Fi������ �� Tbl� ��AfV� i4N�
����I�i�ATI�P�S. lIV A��lil��l, LIC��1S�� �HALL 11`lD�IV9fVl�l( �IiE CIiY Ihl
A�CIiR�A,�C� 1AlIiH Ti�IS AGR���UII�h�i FOR RI�Y ���POF�SI�I�I�I� �R
l.IA�I�ITY !N ANY IN�,Y R��ATF�D i0 YFi� �LA1�� �iV� �P�CI�I�AiIOfV�
A��E�i�D ��AINS� �Fi� �ITY I�Y ANY iWIRD P�R�I( �R �Y �IC�N���.
Li�ens�e and the �iiy mutually co�enant and agree thaf the City, acting by and
through its duly authorized agents, offiicers, servants, employees, contractors and
subcontractors, shafl have at any and all times the full and unrestricted right to enter tt�e
Le�sed ��emis�� and/or the �i��ns� �r��a for the purpose of examining and
inspecting the �4lafi�r �ipe and all of its appurtenances to determine the compliance by
Licensee w�th its ahligations hereunder.
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Li��r���e co�e�ants and agrees that the construction and any alteration, repair,
replacement or reconstruct�on of the 1dV��er �i�� shall be in compliance with tF�e plans
and specifications as approved in writing by the Ciiy and by City regulation and State
and Federal Law., and shalf be accomplished as expeditiously as possible. L�i��ns��
shail be solely responsible for maintenance of the l�lf�te� �ip�. �i��n��e'�
UNDERGROUND LICENSE AGRE�MENT,
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maintenance af the I�I�teY Pip� shall at all times be in compliance with �i�y standards.
LIC�N��� li����Y j4�a�I�ES �FdV ,�tV� A�� �IA�ILI�V' IP,� AP�Y Id311�eY
COfVC�RI�ING, R���'��� i� aR ����ILiIF�� FROfI� ii��..1i�Ai�� �I��, EITHER
�I��C�LY OR IF�DIR�CTLY, lr� the e�ent �hat the '4fi!'���r Pip� is destroyed or
damaged by fire, #load, or an� other cause, replacement or reconstruction of the ��t�r�
Pipe shall be t�e sole responsibility of �i�en�ee, and all costs for said replacement or
reconstruction shall be paid by Lic��se�, and it shall be rep{aced or reconstru�ted
according to plans a�d specifications approved in writing by the Ci#y.
10.
�icense� co�enants and agrees to secure all appropriate permits from the City
o# Lal�e Worth and #he Ciiy of �ort Worth prior to commencing construction of the W�ter
Pipe and will pro�ide proof of such permits to the Real Property Management 4ffice of
the �ity.
11.
LIC�NS�� CBV�IV��'i� �f�D A����� YHAi SKOU�� I� �E��1V�1�
NI�C��S�l�Y ��� ib� CIiY �� ���AI�, E�E�PL,AC�, fi�Ali�iAlN, R�f��V�,
�N�A�GE, �XP�P�� �R �il-��F3'l�I�t� Al�T�� IIV �ei�l� 1��1Y I�� ��I�LI�
��CI�IYI�� �� �liiLITI�S, IfV��U��NG �i���i�, �O�►4��� Ih�, OI�, UN���,
N�A� �R OV�R �ii� V�1E1�'E� PIP� �fi� YH� �I���laE �R��, YFi� �liY ��idLL
WOi �� ���P��'�I�L� �8R 1�NY D�I��G� �� OTi��R i4������
��IV�E�lU�1dG� R�S4��,YlN� ib�R�FFt��iA i� YHE EM�T�R �IP�, �H� LIC�Nl��
�R�e O� �k� LIC�FdS��. �I��iHERl91YOR�, �IC�fV��E Sb�L�, I�AI� AR�Y Ai�D
UND�RGROUND LICENS� AGREEMENT _._. __ Pa�e.7_
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�►�� CB��'� li���l���� �iY Ti�� �liY IdVI�H ������T TO �Nl� N���a��►RY
�E��LIiI�N! OF� R�t1�01�14� O� �H� lii�Ai�� PIP� R�SU��IN� ���NY OR lN ANY
1MAY ���AY�� �� iHE CfiY`S A�Y�RAifBN �� I�I�IR�i�N�eiV�� �F ib�
LI��R�SF �R��►►.
12.
To a�ert an immediate hazard to the health, safety or welfa�e of any person or
property caused by the Il����r �ipe, as determined in the sole discretion of the Giiy, the
�if� has the right to take any and all corrective actions the City, in its sole discretion,
deems necessary, withou� prior notice to L���nse�. If necessary, and Lleer���� shall
be solefy responsible �or ali costs incurred therevuith. �ic�r���� covenants and agrees
to pramptly �ay all such costs incurred by the City.
13.
�I��Rl�EE �XPR�SS�I� ��VEi�dRfTS i4iV� �G�EES i0 II���f�P�IFY, bO�f�
HARf�L�SS �fV� ����ND ib� Cl`�Y AIV� li� OFFIC�R�, ACEf�iS, �IV���BYEE�
�f�D VO��Ni��f�3�, FR0�1lI �►IV� �►�AIh�Si i4Nlf I�C�k� ALL C��el��, LO�S�S,
�i4AflAGE�, ��US�� �� A�iIOP�, SUIiS ANCi LIA�Il�IYY OF �1��RY KII��,
IR��LUDlR�� �e�� �J���F�S�S O� �I�I�AiI�Rl, COU�� ���'T�, AN� A'1�O���Y'S
����, �O� [�JURY i8 �� �EATF� O� �►IVY ��R�O�, �� �8� D�I��GI� �8 A�'Y
Pf�OPI�RTY �4�151N� OUT O�, ��LAiED i0, IN ��iViVECiIOh� lMIYFi �R li� di�Y
lA1�Y �ERiAI�lIiVG ��, DiR�C��Y OR If��I�t��YLY, T�i� ���I�hl,
��NSTRUC�iBM, ��al�, AIY►41NY�hlA��1�, �8��1ilOP� OR �CI���Ci�CE OF iFi�
1MA��� PIP�.
UNDERGROUND LICENS� AGREEMENT . �� -` �
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14.
Further, �icen��� shall operate hereunder as an independent contractor and not
as an officer, agent, servant or employee of the �ity. Li��n��� shall have exclusive
control of and the excl�sive right to control the details of the wor� and serviees
performed hereunder, and ail persons performing same, and shall be salely responsible
for the acts and omissions of Lic�ns��'s officers, agents, servants, employees,
repr�sentati�es and independent contractors. T'he doctrine of Respondeat Superior
shall not apply as between the �ity and L�ic�nse� and nothing herein shall be
construed as creating a partnership or joint enterprise between the Ci�y and Li��n�e�.
15.
Licens�� expressly cavenants and agrees that under no circumstances will
License� e�er be entitled, eit�er directly or indirectiy, to reimbursement for the Vl��tep
�i�� within the Lie�nse Area. Li�en��� cov�nan�s and aar��� �h�i vuhen ��u�al��
w�t�r syst�r� is ar��il�bl� f�r con��cii�n. L�����e� sha�ll pr�mpfly� at Licens��'�
s�l� cos� an� �x�nse, i�cludin_t� fh� ��vm�nfi vf anv and �II �onn��ii�n. im���t,.
and �tk��r f�es, r�nn�cf t� fh� �ubli� w�#er� s�stem. ��d, �lso af �i��r�see'� sol�
�ost and ex�a�nse. r�rnor�� th� er�iire Vi�af�r �ip� wifihin the �i�en�e ����.
UNDERGROUND LICENSE AGREEMENT
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�6.
Should this Agre�r��nt be terminated because of L���ns��'� failure to perform
any duty or obligatia� created herein, Lic�n��� understands, acknowledges and agrees
that L��en��� shall not be entitied to receive a new license agreement. �i�+�n���
co�enants and agrees t�a# in the event this ����em�nt is terminated for any reason,
�i��nse� shall immediately remo�e the lii�'�i�r Pip� and, should �i��n�e� fail to
immediately remove same, the �ity shall have the right to remove same. ili� �ITY
SHA�� liV�l�� iV0 LId�ILIT1' AS �► ���I�Li OF S�ICb R�NYOV�►�, �1P�� LIC�R�S��
HE�E�Y R�l��AS�S YH� �{iY AidD b���� ii F6A�f�LES� �ROAA ANY ��I�F�
�I�,�I�I�Y.
1 i.
L{CLNS�� li����Y �CR��S Y8 RELEAS�, IiV��MNIFY, D�F�P��,
�R�1�fl�l���E, Ai�D HOl.� Ht4�f�LE�� ib� �f'�1(, !�� OFFI��R�, A��N��,
��fiPL�Y��S �N� VB��IViEE�3� ���AINS� ANY �+�� ��� �Nl�l��ft�AN�i�id�
D�l9N�i,C�� r4fV� iHE 1�10l�YIOIV ��' AiVI' �IV� i4�L Eh�VIRO�INY�N�/�L
F��f�l�i��INERlT� F��SU�'�l[V� ���N� LIC�NS��'� �S� �F ib� �1��N�� �Rl��
14ND �b��! SAI� �iVl�j��FVflll�f�i��, i�Af�A�a�� �R ib� VI�L,ATI�h! O� SAl�
�NVIR�fV��Ni�L R��UIR�fVI�NT� AR� OR 1d91�R� iH� R�SU�Y O� �NlY ACT°
�R OIRlIISSIOfV 8� LI��P�S��, 1�� ��FI��RS, ���IV��, EfilY��OY���, OR
SU����fi�ACTORS, O� �HE ��INi �C'� �� ��lIISSIOfV O� �I�EF����, l��
��FIC�RS, O� ���LEA��S AN� ,p►IVY �T�i�R ��R50fV �� Ei�iliY.
UNDERGROUND LICENS� AGR��MENT
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�i��n��e co�enants and agrees that �icer�see shall do no act nor mal�e any
contract that may create or be �he foundation for an� lien upon or interest in the Ci�y'�
property, and any such cantract or lien attempted to be created shali be �aid. Should
any purported lien on �i�y-owned property be created or filed by reasan of any act or
contract of Li��ns�e; �i��ns��, at Licens�e's sole expense, shall iiquidate and
discharge same within fifteen (1 �) days next after notice of filing thereof; and should
l�icensee fail to discharge same, such failure shall cons#itute a breach af the co�enant
herein and this 1�g���rnent.
19.
Any notices required hereunder shall be effectiv� as of the date they are
deposited in the United States mail, certified, reiurn receipt requested. ihe notices
shall be effecti�e when addressed as follows, p�o�ided the party maiiing the t�otice has
not received written notification of a change in same:
TO CI�Y: Real �roperty Management
City of �ort Worth
927 Taylor Stree�
Fart Worth, iX i6102
�O �IC�NS�E; bavid Masby
8228 Kildeer Gircle
�ort Worth, Tx ifi108
f he failure or inaction by #he Ci�y in enforcing any of 9ts rights or privileges
hereunder shall not constitute a waiver of the Ciiy'� ability to subsequently enforce such
r�ghts and pri�ileges.
UNO�FiGROUND �iC�NSE AGREEMEN7
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20.
ihis ��r��rv��r�i constitu#es the entire agreement between the City and
L9c�r����, and it supersedes any prior oral or w�itten agreemenis concerning
��cense�'� use of the �i�+�n�� Ar��. In any action �rought by the �ity for the
enforcement of the obligations of �icens��, the �ity shall be eniitled to recover its court
costs, expenses and reasonable attorney's fees from Lic�r�s�e. �his ,��r��r���fi and
the relationship created hereby shall be governed by the laws of the State of iexas.
Venue for any action brought #o interpret or enforce the terms of this Agreem�r�t shall
be in Tarran# County, �exas.
IN WI�NFSS VII�1�R���', the parties hereto haWe executed this agreement on
this �h day of �C�'7�'J��.�r , 2�,�.
��SSOR: CITY OF FOR C
,�-r� t .
Assistant Ci y Manager
ATT� ST:
City Secretaryr
UC�NS��:
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C�avid Mosby� � .
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A€'PROVI�D S TO FORM AN� ��CALITY:
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Assistant ity Attorney
UN�ERGROUNQ LICENS� AGREEMEN7
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Ct��i��act Authori��'t�on
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SiAT� O� T�XAS §
COUN�Y QF i,4RRANT §
��FO�� M�, the undersigned authority, personally appeared
known to me to be the person and officer whose name is subscrib�d to the foregoing
Agreement, and acknowledged io me that the same was the act of the City o# �ort
Worth, a home-rule corporation, and that he/she executed �he foregoing instrument as
the act of said corporation for the purposes and consideratian expressed therein and in
the capacity stated.
GfVEN UNDI�R MY FiAND RN� SEAL OF OFFIC� this day of _,
�0
Notary Public for and in the State of iexas
UNDERGROUND LICENSE AGR�EMENT, Pa�� t� �" .
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SYAT� O� i�XAS §
COUN�"Y OF iA�RANT §
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B�FOR� M�, the undersigned authority, personally appeared ��l1�1 ��' t l��
known fo me to be the person whose name is subscribed as �.IC�NS�� to the
foregoing Agreement, and who acknowledged to me that the foregoing instrument was
read in its entirety and unders�ood and was executed for the purpo.ses and
consideratian express�d therein.
�IV�N UNDER MY HAND AND SEA� �F C}�FICE this � day of
' ��;�� , �0�.
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o ary Public in and for th State of Texas
UNDERGROIJND LIC�NSE AGREEMENT,
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S fA�� O�' Y�XAS §
COUNTY OF TARRANT §
€�E�ORI� M�, the undersigned authority, personally appeared ,
known to me to be the person whose name is subscribed as �IC�NS�F to the
foregang Agreement, and who acfcnowledged to me that the foregoing instrument was
read in its entirety and understood and was executed far the purposes and
consideration expressed therein.
GIVEN UND�I� MY HAND RND S�AL O� OFFIC� this day of
, 20
Notary Pubiic for and in the State of iexas
UIVDERGRDUND LICENSE AGREEMENT,
Page 15
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A tract of land out of th�e D.E. Nor�on Survey, Abstrr�ct No. 1� 74,
said tract �eing between Lats 30 and 31, Block 31, Lake Worth
��ases, Fvrt Wor-th, Tarrant County, Texas, being mora particular�ly
described by metes and , bounds as fallows: �
COMMENGING at a fiaund 1/2°' st�el rad at the northwest carner
of Lat 3�, Block 31, L�ke War-�h Leases, City of Fort Warth,
T�rrat�t County, Texas;
�'HENCE 5au�h 1�'35�00" West along the w�st line of said Lo� ,3D,
33.67 fee�. �Eo the Point a�f Beginning;
THENC� South 18°35'00" West contin�ing along the w�:st line of
said Lat 30, � �.9G -�eet fo a paint;
THENCE__5auth �4°0�'21 " W�st, 7 24.,80 feet to a point; �
THENCE Sou�h 61'33`,23" West, '127.87 �eet to a point;
THENCE 5ou�h 12'37'0(]" West passing a point in th� nortt� line af
Lvt 31, Block 31, Lake Workh Leases, in all 3fi.20 �Feet to a paint;
� THENCE South 77'23'�0" East, 12.D�7 feet _to a point;
THENCE 5ou�h 12'37'0�" Wes�, 10.flQ feet to a point;
THENCE North 7T23"OD" East, 22.Q0 feet to a point ir� the west
line of said Lo�, 31, said poir�t aEsa being in .�he east lin� ofi
5horeview Driv�, ❑ pu�lic r�ght--of--way of �ariak�l� width�
THENGE N�r�h 12'37�00" Eas� along the nQrthwest line of �aid �o�
31, passing the r�orthwest corner of said Lot 31, in all, 50,75
f�efi to a point;
THENCE Not-th 61'33'23" East, 134.42 �eet to a point;
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THENCE North ��4'0��21 " East, � 31.30 feet to the Point a#
Beginnit�g and containint� Q.�73 acres (3,197 sq�aare feet) o� land,
more or le�s. . -
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C'�ty of �''o�t �V'orth, �Texas
����� �r�d �,��r�c�� ����r���t���t;�n ,
DAT�' i�EF��REI�lCE f�iUMBE'R ��OG NAME PAGE
��'?�1�,� "�w�-�,���+� l 30MOSBY 1 of 2
sue�Ec�r . AUTHORIZ� AN UNDERGRO�ND LICENSE AGREEMENT WITH LAKE WORTH
LESSEE DAVID MOSBY ALLOWING FOR THE INSTALLATIQN ,4ND MAINTENANCE
OF A PRIVATE 1111ATER LINE THR�UGH A F'QRTIDN OF CITY-�WNED PROPERTY
RECOMMENDATION:
It is recomm�nded that ihe Cit� Council authorize the City Manager ta enter into an underground
license agreement with Lake Worth [essee Da�id Mos�ay, in the amouni of $1.Q0, for tne installation and
maintenance of a private water line through a portion of City owned i�ake Worth prope�ty.
DISCUSSIOIV:
Mr. David Mosby recently complefied cflnstruction of a new residence located on Lot 30, Block 31, l.ake
Vllorth Lease Surv�y. This area of Lake Worth is not currently served by the City of Fort Worth water or
sewer ser�ice. It is necessary for Mr. Mosby to construct a water [in� to temporari[y obfain water firom a
neighborir�g we�l. in order to allow constr�ction af a water line, Mr. Mosby has requested the City of
Fort Worth grant him an undergraund license agreement for an area of unleased and unoccupied City-
owned Lake Worth praper�y wh9ch separates Lots 30 and 31. Mr. Mosk�y intends ta construct a water
line that must cross through this City-owned praperty.
Maintenance of ti�is private water line shall be the responsibility of Mr. Mosby. Language will be
inc[uded in the temporary easemer�t which �Orovi'des that afi the �ime af the installation of water utilities,
#he easement will expire of its own accord. TY�is easement is defined as fv[lows:
Grantar
City of Fork V�lar�h
Type
UGL
�al D�scription
Part af D.E. Norton�Survey,
Abstract No. 1174
Sauare Feet
3,197
Amount
$1 AO
This underground license agreement is a iemporary arrar�gement allowing Mr. Mosby to obtain potable
water until the planned public water utility is installed and available. The Water Department and the
Lake Worth Management Office has approued this aciion untif a permanent public water utility is
ar�aila�le. .
This pro�erry is located in COLINCIL DISTRICT 7, Mapsco 59L.
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