HomeMy WebLinkAboutContract 28435a
STATE �F' TEXAS �
COUNTY OF TARRANT §
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UNDERGROUND LICENSE AGREEMENT
This Underground License Agreement is made and entered into at Fort Vllor�h, Texas,
by and between the City of �ort Worth, a home-rule municipal corporation of Tarrant
County, T�xas, and Terry A. Jahnke and Lora Robinson Jahnke, Lessees of Lot 34,
Block 14, Lake Worth Lease Survey to the City ofi Fort Worth, Texas, for the sole
purpose of permitting the Lessees to construct and ins�all a pipe urtderneath Lo�e Circle
and for installing a drain field on property as shown on Exhibit A, which will se�ve the
residence located on the aforementio�ed lot and to run under praperty owned and
controlled by the City of Fort Worth.
1.
As used in this llnderground License Agreement::
"Agreement" shall m�ari �his Underground License Agreement.
"Cit�'" shall mean the City of Fort Worth, T�exas.
"Drain�ge Field" shall mean the line connecfing fhe Lessees' improvements
with the �rainage �ieEd and the �rainage Fie[d as shown on Exhibit A.
"ba�ardous V�l�sie" is defined as any solid waste identified or fisted as a
hazardous was�e by the administrator of the United States Environmental
Protection Agenc�l pursuant to the federal Solid Waste D�sposal Act, as amended
by th� Resource Conservation and Reco�ery Act, 42 U.S.C. §§6901 et seq., as
amended.
UNDERGROUN❑ LICENSE AGREEM�NT
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Page 1
"�icensee" shall mean the Lessee of Lot 34, Block 14, Lake Worth Lease
Survey to �he City ofi Fort Worth, currently Terry and Lora Jahnke, and shall
include the heirs, successors and assigns of Licensee, as well as Licensee's
agertts, servants, emp�oyees, representafi�es and independen# contractors. This
�ro�ision shall nofi alter in any way the requirements of Paragraph 5 herein. The
term shall include ar�yone claiming ownership of the Drainage Field ar in
possession thereof, including but not limited #o: the record lessee of the Leased
Premises; fihe actual lessee of #he Leased Premises; ar�yone claiming ownership
of the leasehold interest in fhe Leased Premises; andlor �nyone in actual
pass�ssion of the Leased Premises.
"�e��ed �remises" shall mean the property located at Lat 34, Block 94, Lake
Warth Lease Survey to the City of Fort Worth, T�:xas, and also known as 7424
Loue Circ[e.
"License Are�" shalf inean all of that underground are� as des�ribed in any field
no#es andlor as s�own on any maps attached hereto as Exhibit A.
2.
The Ci�y does hereby license and granfi to �icensee, for and in consideration of
one hundred fifty-five Dollars {$155.Q0} io be paid annually on September � of each
year this �icens� is in effect, and the fur�her agreements of the parties as expressed
i�erein, the privilege of constructing, operating and maintaining an und�rground
�rain�ge �ield within the �i�ense �erea.
3.
The term of thfs Agre�menfi shall expire or terminafe on August 31, 2007 unless
a prior ter'minatiort is effected by either party hereto pursuant #o th� termination
provisions expressed within the body of this i4greement. This Agreemenic may be
renewed once for a five year term under the same terms of this Agreement upon
Licensee renewai or in writir�g at leasf 90 days before fhe terminaiion of this
UNdERGROIJND LIC�NSE AGR�EM�NT
Page 2
Agreemen�. Eit�er party may terminate this r4greement without cause upon at least
thirty �30) days written notice to the other party. Said notice shall specify the date of
termination. In the e�enfi of termination pursuant to fhis �aragraph, Licensee shail be
obli�ated to remove all impro�ements from the License �rea and restore �icense Area
to as good a condition as existed prior to the insiallatio� of the improvements, at
�icensee's expense. �icensee expressly cavenants, acknowledges and agrees that
�icensee's breach or violatian of any term, co�enant, agre�ment or condition contained
in this �egreemen� is good cause for fihe �ity to terminate this Agreemen� within 45
days of notice from #he �ifiy of receipt by Licensee of termination of the license by
default in the evenf the default is not cured by �icensee within the 45 day period,
4.
Licensee covenants and agrees that nnly one f]rainage Field will be constructed,
operated and maintained witE�in the �icense �1rea; thaf the �rainage �ield will serve
only one residence located on the Leased �remises; and that, under no
circumstanc�s, will fhe �r�ir��ge �ield be �sed for multiple residences ar for
commercial purposes.
5.
Licensee covenants and agrees that �icensee shall nat assign or sublease all or
any part of �,icensee's rights, privilege�, duties or interests und�r this �greement
without first obtaining t�e written eonser�t of the Ci�y, and any attempt to assign or
subl�ase all or part hereof without first obtaining such prior written consen# by the �i�y,
shall be �oid and shall constitute a breach of �his �greement. Licensee further
UNDERGROUND LICENSE AGREEMENT p�g� 3
understands, covenants and agrees that this Agreemen� and Licensee`s interest
herein shall run with the �eased �remises and may not, under any circumstances, be
assigned or subleased independent of the Leased Premises. Licensee covenants and
agrees tha# this �egreemeni is solely for fihe pur�ose of permitting Li�ensee to
construct, operate, maintain and Iocate the �rainage Field witl�in the License �►rea
and is not a conveyance af any righfi, fiifle or interest in the License �rea. �.�censee
co�enants and agrees t�ai this Agreemen� is solely for the benefit of Licensee, and the
granfing of this license is in no way legally required of the City.
�
�icensee co�enants and agrees that, as consfructed, operated and maintained,
the Dr�in�ge Field will be entirefy underground, and sF�all r�ot inferfere with the use of
the s�rface of the License �rea, �icensee co�enants and agrees that the �rainage
Fiefd will never interfere in any way with use of the roadway af Lo�e Circl� (fhe
rgadway); that absol�fiely no cuts or hoies of any kind of character wilf be made m the
surFace of th� roadway or within five {5) feet on both sides of the road►�ay; and that
construction of the pipeline under fihe roadway of and witF�in fi�e (5) feet on both sid�s
of �he roadway will be accamplished by either boring or tunneling,
T.
Licensee co�enants and agrees that Licensee wiil maintain the �,icense i4rea,
including all non-roadway surtace areas, and �eep same in good candition and repair at
Licertsee's sole cost and expense. �icensee's maintenance sha11 include the mowing
of all grassy areas, and fhe proper disposal of all garbage, trash, litter and debris. All
UNDERGROUNQ L�IC�NS� AGREEM�NT Page 4
maintenance, repair and up�ceep shall be in aceordance with alf appficable �ec#eral, state
and �ocal laws, rules, regulations and specificat�ons. Lieensee �shall not introduce any
hazardous waste into th� Li�ense �rea. �icensee shall not commif �or allaw to be
committed any waste in the �icense i4rea, or on the surFace thereof, nor shall �i�ensee
maintain, commit or p�rmit the maintenance or commissian of any nuisance in the
License �►re�, or on the surFace thereof, or use the Li�ense �rea, or on the su�Face
�hereof for any unlawful purpose. Licen�ee shall not cut any trees, fimbs, shrubs ar
other vegetation, ofh�r than in accordance with this Paragraph, vuithout the prior written
consent of the Cify, nor shall �icensee take any other actian resulting in damage fo
�ity property. It is further expressly understooc! and agreed between the parti�s hereio
that t�e Ciiy halds the City streets, alleys, sidewalks, and other public rights-of-way and
public parks as trustee for the public; that the Cif� exercises such powers over such
locations as have been delegated to it by the Cons�itution or by the Legislature; and that
the Ci�ry cannot confiract away its duty and its legisfati�re power to control such locations
for tF�e use and benefit of the public. Licer�see expressly acknowledges and agrees
that the license grant�d herein is exclusi�e.
E�
Licensee cavenants and agrees that the �rainage �ield shall at all times meet
t�e fallowing requirements:
(aj Where the pipeline runs under the roadrb�y and extending at least five (5)
feet on both sides of �he readw�y:
UIVDERGROUND LtCENSE AGREEMENT Page 5
(1) sha�l be at least three (3) fee# un�er the surface of �he roadway
and ground;
(2) shall be made of Ciiy-approved material with a minimum strength
a� {east equal to Schedule 4� PVC;
(3) shall not exceed three {3) inches in diameter; and
{4) shall be sleeved in a larger diameter service line, no more than four
{4) inches in �diameter.
(b) Other than the area within the roadway and expending at leasi five {5)
feet on both sides of the ra�dw�y, the Drainage �ield shall be at least
eighteen (18) inches under the surface ofi the �icense �erea.
�icensee covenants and agrees that the �3ra�nage Field will comply with all standards,
policies and procedures of the United States, the State of Texas, and the Cifiy
governing design, construction, operation and maintenance. In constructing, altering,
operating, using, maintaining and remo�ing the Drain�ge Field, �icensee shall at all
times compfy with all Cify, State, F'ederal Laws, sta#utes, ordinances, rules and
re�ulations, and wi�h all terms, covenants and conditions con�ained in fhis �4greemen�.
Prior to fhe cansiruction of the �r�inage �ield, �icensee shall submit plans and
specificafions �o the �i�y, Li�ensee shall not commence cans#ruction of the �rainage
�ield un�il fihe Ciiy has indicated to Licensee in writirtg that it �as no objections to said
plans and specificafions. Arty subsequent repair, �-eplacement or alterafion of �he
Drainage �ield must also be su}�mitted to the Cifiy with the plans and specificafions
UND�RGROUNQ L1C�NS� AGR�EMENT
Pa�e 5
�
therefor, and the Ci�� must indicate in wrifiing that it has no objec#ions thereto prior to
the commeneement of such work. l�IC€NS�� kFcRI�E3Y R�Lf��S�S TH� CI�Y ��OM
AiVY ��S��iV�i�l�l�'Y OR LI�eF31LITY IP! �1VY ��Y �G��i�� �'O �`b� ��ANS �1ND
SI�@�IFIC�TIOfdS. If� dD�lil�fV, �I��IV��� Sb�e[�L INI]FI�lINI�Y THE C17Y II�
�C����p►N�� 11VI�b YbIS r4CR�E11��R�T FO� �RlY ��S���ISI�ILI7Y OR
LIA,�ILII`Y 1N AfdY !lR��Y R���►�'�� i8 �b� �L�eNS �41VD ��ECIFIC�iIOiVS
��5���'�� A�AfiV�Y �b� CITY �Y dR1Y THIRD ���iY OR �Y LIC�iVS�E.
�icensee and the Ci�y mutually ca�enanf artd agree fihat the �ity, acting t�y and
througn its duly autharized agents, ofFicers, servants, employees, contractors and
subcontractors, shall have at any and all times th� full and unrestricted right #o enter th�
L�ased Premises andlor fhe Licsnse �►rea for the purpose of examining and
inspecting the Drainage �ield and a�l of its appurtenances to de#ermine the com�liance
by Licensee with its obligations hereun�er,
�
�icensee co�enants and agrees that the construcfiion and any al#eration, repair,
replacement or recanstructian of the �rainage �ield shall be in compliance with the
plans and specificafions as approved in wri#ing by the Ci�� and by �ifiy regulation and
State and Federal Law., and shall be accomplished as expeditiously as possible.
Licensee shall be solely responsible for maintenance of the Drainage �ield.
�icensee"s maintenance of the �rainage Field snall at all times be in compliance with
Cifiy standards. LlCFNS�� HI�RE�Y ASSU��S �,NY AN� ALL LIA�Il�I�'1' IN ANY
lf+�AY �ONC�RR�INC. FtEl�i�� �'O O� R��I���ING FRO�Y iHE CJ�Ii�A�� �I�LD.
UNDERGROUND L,1C�N5� AGR�EMENT F'age 7
�IiW��_�I���Y�Y_�� IiVDIR�CiLY. In the event thafi the �rainage F'ield is
destroye� or damaged by fire, flood, or any other cause, replacement or reconstruction
of the �rainage �ield shall be the sa[� responsibility of �icensee, and all costs for said
replacement or reconstrucfion shall be paici by �i��nsee, and it shall be replaced or
reconst�'ucted according to plans and specifications approved in writing by the City.
10.
Licensee covenants and agrees to secure all appropria#e permits from the City
of La�e 'Vllorth and �he City of For� Worth prior to eommencing construction ofi the
�rainage �ield and will provide proof �f s�ch permifis to the Real Property Management
Office of the Cif�.
11.
LICI�WS�� �Ol�E[dA�'i� �►i�� i4CRI��� iH�i �F;O��� I� �1�C�ME
N�C��S��Y �OR �b� C1iY i0 REE��I�, R���i4C�, R+Y141f�iAlf�, ���YOV�,
�iV�A���, �Xf��►iVD OR �iH��la9rlS� pe�i�R IfV �►NY 'M��Y I�S �U�LIC
F�►CILIif�S OFt UifLIYI�S, IN��U�IfV{� �iR�Ei�, �OCAf�� IN, OiV, UND�� O�
OV�� �b� DR,�e,WAC� FIELD O� YI�� �I��{VS� �112�A, iFiE CIiY Sbpe��. iV�i ��
FtESPOi�SI��� �'O� AIVY �i4I4!lr4C� �R OiH�� A�V�R�� C�NSE(�U�i�C�
RESU�,iI�G �'bGR����I�Y Y� iFfl� DR�►INA�� �I���, �b� �IC�i�S� �R�� O�
�'b� �I��fVS��. �U�Tk��RIlfl�R�, L[C�A�S�� Sb�e�L �AY AR�Y �FdD ��� �OS��
IlVCURF��CD �Y iki� CI�1f IIVI�b R�SPI�Ci T� Af�Y Rl������,�Y ��fl1l�L[T10R! O�
����VA� 8� �'b� DR�IV�eC� FI��9 ���U��IfV{y �'ROi�I OR IlV ANY !!V�►Y
UND�RGROUND LICENSE AGR�EMENT Pa�ge 8
����i�� �'O �'b� CI�Y'S A���Ri4ilOAI OR IP�Y/11NTl�hlANC� OF iHE LIC��lS�
�►��A.
12.
To avert an immediate hazard ta the health, safety or welfare of any person or
property caused by the Drain�ge Field, as deiermined in the sole discretion of the Cify,
the Ci�y has the right to ta{te any ar�d all correcfive actions the Cif�, in its sole
discretion, deems necessary, withaut prior natic� to Li�ensee. If necessary, and
Licensee shall be sole{y respons�ble for all cosi�s incurred therewit�. L�censee
covenants and agrees to promptly pay all such cos#s inc�rred by the City.
13.
LIC�NS�� �X�1��5SLY COVEN�f�T'� ��'� ������ �O IN��11�N1F�', FiOL�
H���II�I�SS �C�� ����iV� �'b� �I�Y �►Nt� IiS OFFIC�RS, ���iVTS, �M��OY��S
�e[VD 110LU{dT�I�RS, FI�ONY AP�� �G�►IiVS I P►f�lY �►f�l� r4LL CL,pall4lYS, �O�S��,
�dNq���S, C�US�� O� A��I�N, SUIi� �OiVD LIA�[LITY O� �V��Y FLIN�,
IiV��l��f�IG A�� �XP1�iVSFS OF LIiIC�TIOR�, CO��� �OSiS, AIV� �4ii�RR�EY'S
F��S, FOR ll�J�IRY i� OI� 9��►�'b �� A►iVY ���SON, �R F�R D��fl��� �"� AIVY
�RO����Y ARI�INC OUi �F, I�FLAi�D i�, I� CORlRl�C�[8fV 1dVl�b O12 If� ,R�lY
�AY P�RiAIfdIT�C ig, DI�E�i�Y �� [f��IR�CYLY, iH� DESIG�',
COi�S���C�IOf�, U�G, �AIN��iV�4iV��, LOCATION OI� EXISi�R�C� �� �b�
�RAINA�� �I���.
UNDERGROUND LICENSE AGREEMENT Page 9
'f 4.
Further, Licensee shall operate hereunder as an independent contractor and not
as an officer, agent, servant or employee of the Cifiy. Licensee shafl have exclusi�e
control of and the exclusive right to cant�ol the details of the worEt and services
performed hereunder, and all persons performing same, and shall be solely res}�onsible
for the acts and om�ssions of Licensee's officers, agents, ser�ants, employees,
representati�es and ind�pendent contractors. The doctrine of Respondeat Superior
shall not apply as #�etween the �ity and Licensee and nothing herein shall be
construed as creating a partnership orjoint enterprise between the City and Licensee.
15.
�ieensee expressly covenan#s and agrees that under no circumstances wi[I
�icensee e�er be entitled, either direcfly or� indirectly, #o reimbursement for the
Dr�rn�ge Field within the �icense �rea. �icensee co�enants and agrees that when a
publ�c sewer system �s available far connection, �.ieensee shal[ promptly, at Licens�e"s
sole cost and expense, including the payment of any and all connecfion, impact, and
other fees, connect to the public sewer, and, also at Licensee's sole cost and expense,
remove the entire �rainage �'ield within the License �►rea,
16.
5hould �his �►greemenfi be terminated because of L�censee's failure to perform
any duty or obligation created herein, Licen�ee understands, acknowledges and agr��s
that Licensee shall not be entitfed to recei�e a new license �greement. �icensee
covenants and agrees that in the e�en# this l�greement is terminated for any reason,
UNDERGROUND LICENSE AGREEMENT Page 1a
�icensee shall immeciiately remo�e the l�rainage I�ield and, should Licensee fail to
immediately remove same, the Ci�y shall have the right to remo�e same. �'b� �IiY
SHI��� Ii�CUR i�0 �IA�I�IiY �►� A���U�i �� S�l�b ��[VY01/i4L, AND LICFNSEE
b�R��Y �����S�S �b� �I�Y �eN� bO��S I� bARfVIL�SS �ROI�A AfdY �UCF�
Llf�►�ILI�Y.
17.
LIC�NS�� HFR��Y A�R�I�S YO �������, IiV��f�NI�Y, DFF'�i��,
R�IIl��UF�S�, �RlD HOLD H��li����S ib� �IYY, I�S OFFIC�RS, A�Ei��S,
�11n��0Y��S A[d� l�O�UPV����S A�AIiV�i /,1NY /4�ND ALL Ef�1lIROi�N��N�r4�
DAl�IA(��� AND T�1F VIOL�TIOf� �F di�Y �Al� �►�� �NVI�t01�1i�l�,fdT�►L
FtEQ[1[FiE�EN�� R��U��l[�� ���f�ll �I��P1S��'S US� OF' iH� LI�Ei�S� A��A
�R�� {�Ib�N �AI� �N1/[�OfVMY�NiAL D�4,f�!➢AC�S OFt iH� 'V����4�IOiV OF S�41D
�NVIRONI4��i�T/�L R�QUIR�f�➢�P�TS �R� O� 1��R� �b� R�SULT QF A�Y �C�
OR O�fiIS�IOR! O� �IC�iV���, I�� OF �'IC�RS, A��R�iS, ��V���Y���, OR
5U�C0{ViF�4�i�RS, Ol� THE JO11Vi ,�Ci �� �I�ISSION OF LICER�S��, I��
O��IG�Ra, O� ��1���,4S�S �eN� r4NY QTH�ii ��FtSOR� O� �IV�I�1(.
�
�icense� covenants and agrees tha� Licensee shall do no act nor make any
contract that may create or be #he foundafiion for any lien upon or inferest in tf�e Cifiy`s
property, and any such contract or lien att�mpted to be created shall be vaid. Should
any purporked li�n on �i�y-owned property be created or filed by reason of any act or
con�rac# of Licen�ee; �icensee, at �ieensee's sole expense, shall liquidate and
UNq�RGROIJND LIC�NSE AGREEMENT Pag� 11
discharge same within fifteen {15) days next after notice af filing thereof; and shoulc�
�icensee fail to discharge same, such failure shall constitute a breach of the covenanf
herein and this �greemen�.
19.
Any notices required hereunder shall be efFective as of the date they are
deposited in the United States mail, certified, return receipt requested. The notices
shall be effecti�e when add�essed as follows, provided the party mailing the notice f�as
not received written notificafion o# a change i� same:
TO CITY: Real Prop�rty Management
City of Fort Worth
927 Taylor S�reet
For� Worth, TX 76102
TO LICENSEE: Terry A. Jahnke and l.ora Robinson Jahnke
7424 Loue Circle
Fo�t Worth, TX 769 �$
The failure or inaction by the Gity in enforcing any of its rights or pri�iEeges
hereunder shalf not constitute a waiver of the �ifcy's ability to subsequently enforce such
rights and privileges.
2a.
This �lgreemen4 constifutes the entire agreemeni between the �ity and
Licer�see, ar�d it supersedes any prior oral or written agreemen�s concerning
Licensee's use of the �icense Area. In any acfion broug�t by the Ci4y for ii�e
enforcement of the obligations of Licensee, the �ifiy shall be entitled to recover its court
costs, expenses and reasonable attorney's fees from �icense�. This r4greemen� and
UNDERGROUN[7 LIC�NS� AGREEMENT
Page 12
the relationship created hereby shall be governed by the laws of the State of Texas.
Venue for any action broughfi to interpret or enforce the terms of this Aagreemenf shall
be in Tarrant Co�nty, Texas.
IN WITNESS WHEREOF, the par�ies hereto have execuied this agreement on
this �� day of � _ , 20 0 9�.
LESSOR: CITY OF FORT ORTH
�1, -
Assrstant City Man�ger
ATTEsT:
,
� ,
, - � � � , �F Y.�.---� �,
City Secretary . -
LICENSEE:
/
�
Te A. ,J�ahnlce
LICENS
ra R�
APPROVED O F M AND LEGALITY:
f � �
Assistanfi C� Attorney ���._,_,
� � �`('��
, . .----.�.. - —�— - •- �—
�������� �u�hcric��a�i�n
__ �d�-_ �J �.- � �,_,�
1����
Jahnke
k
. ;, �i
_ ��
�i�
. � _, �
� �
UNDERGROUND LICENSE AGREEM�NT Page 13
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority., personal{y a�peared Qn,�, _�
known to me to be the person and officer whose name is subscribed to the foregoing
Agreemenf, and acknowledged to me that the same was �he act of the City of Fort
Worth, a home-rule eorporation, and that helshe executed the foregoing instrument as
the act of said corporation for the purpose5 and consideration e�cpressed #h�rein and in
the capacity state�.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this � day of
20�.
� * YP�
i° � i
:c
4� F �
'dy�(UF {k�
Ne1
i��l�l
- . _ ,.. , � . _ . _ .
f7��G ��7� I
Nutary�P^ub�ic, 5ta� of Tr4ex�as
� Wmm�� �NW I
July �6, 3003 '
^�! ��I I . . �„
�
Notary Public for and in the State of Texas
UND�RGR�UND L[CEi�S� AGREEMENT Page 14
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned aufiharity, personalfy appeared Terry A. Jahnke,
known to me to be the person whose name is subscribed as LICENSEE to the
foregoing Agreement, and who acknowledged fo me thaf the foregoing instrument was
read in its entirety and understood and was executed far the pUrposes and
consideration expressed therein.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this � day of
20 0 L
�_e....�.v.a...�._..�:a` Y'r.`wy::,r�ts:aGni�td.���
j ��y� Sli�a''n� rii �.E� !'�[?D�R ; �/J�
�3�p�' �ik ' �— �� `/_ �`t�l.� �.
���� ����� ����A� � Notary Publ�c in and for #he State of Texas
� :
i �'°�oF'� d���'.�ra��. �.�. 9�}f3�1� �
�,s... ;�=v:,�.��avnx�sa�is�r�s�
UND�RGROUND LICENSE AGREEMENT
Page 15
n
STATE OF TEXAS §
COUNTY O� TARRANT §
BEFORE ME, the undersigned authority, personally appeared Lora Robinson
Jahnke, known to me to be the persan whose name is subscribed as LICENSEE to the
foregoing Agreement, and who acknowledged to me fihat the foregoing instrument was
read in its entirety and undersfood and was executed for the purposes and
consid�ration expressed therein.
IVEN UNDER MY HAND AND
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UNDERGl�OUND L.IC�NSE AGR��MENT
SEAL OF OFFICE this /�' day of
�LG�.s4.v� l/i.`Ly �s�'��i
Notary Public for and in the Sta#e of Texas
Page 16
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C"ity of �o�t �To�th, T'exas
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DATE REF�R�NCE NlJM�ER L,OG NAME PAG�
10/22/02 *��d13427 � 3�JAHNKE + 1 of 2
SUBJECT UND�RGROUN� LICENS� AGREEMENT WITH TERRY AND LQRA JAHNKE FOR
SEPTIC DRAIN-FIELD SERVlCE T� LAl�E WORTH LEASE PROPERTY L.OGATED AT ,
7424 LOVE GiRCLE, L�T 34, BLOCK 14, LAKC WORTH LEASE SURVEY
RECOMMENDATI4N:
It is recammended that the City Couneil authorize approval ofi an Underground License Agreement with
Terry and Lora Jahn�Ce for septic drain-field ser�ice ta City�owned i.ake Worth lease praperty located
ad}'acent to and on the south boundary of 7424 Loue Circle (L,ot 34, Bloc�C 14, Lake Worth Lease
Survey) fior a t�rm o� 5 years, with orie option to extenci the agreement for anather 5 year term
beginning September 1, 2002, and expirir�g Augusi 31, 2pfl7, for an annual lease rate ofi $��S.OQ.
DISCUSS{ON:
On March 3, 1982, Veta N'f. Milligan and CEiffordeene A. Ert�lt origEnally entered into a 50-year lease
agr�ement with the City of Fart Worth for the property located ai 7424 Lo�e Circle, Lot 34, Bfock 14,
Lake Vlfarth l.�ase Survey. .
In Octa�er 2001, the lease was transfierred to Terry and l.ora Jahnke.
Mr. and Mrs. Jahnke are currently in the process of remodeling th�ir home located on this property, Lot
34; howe�er, due #o the lot size, location of the improrrements on the bt, and topography, Lot 34 is
unable to accommodate the required septic drain-field. City water and sewer services are nat yet
available to this area; fherefore, it nas been customary in such si�uations to locate a septic drain-fiiefd an
additional City-owned praperty adjacent to or in close proximity to fihe ariginal site until s�ch time as
City servic�s are auailable.
The proposed septic drain-field site across the street, iies within tl�e Love Circle Park boundary. This
septic drain-fi�ld site shall be used soleiy for purpos�s of the installatEon, aperation and maintenance af
an ar�-site sepfiEc facility and drain-field. Na ather uses shal{ lae permitted under tF�Es agreement. Once
City sewer service is instal[ed and available, Mr. and Mrs. Jahnke shall be responsible far connection
to. this service at iheir own expense. They will also be responsible for properfy abandoning #he sewer
system an City-owned prap�rty.
The �ee far #his agreement was calculated based on determining market ualue for similar proper�ies.
Th�s properiy is located in COUNC[L DISTR�CT 7, Mapsco 45F�.
C'ity of �'ort �o�°th, 7'exas .
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DATE REF�RENC� NUMB�Fi LOG NAME PAGE
10122/a2 **�,�� ���7 30JAHNKE 2 of 2
SUE3J�CT UNDERGRDUND LICENSE ACREEMENT WITH TERRY AND I.ORA JAHNKE FOR
SEPTI� DRAIN-FIELD SERVICE TO LAKE WORTH LEASE PROPERTY LOCATED AT
7424 LOVE CIRCLE, LOT 3�, BL.00K 14, LAKE WORTH LEASE SURVEY
FISCAL iNFORMATION/CERTIFICATION:
The Finance Dir�ctor certifies that the Revenue Office of the Finance Department is responsi�le far the
collectivn and deposit of funds from this lease. ,
M�:n
5ubmitted fnr City Manager's
ok�ice by:
8476
I �'UND I ACCOUNT �
� (to)
� FE70 442352
t;ENTER I AMOUNT
03004i901000 $155.00
Marc Ott
Origivating Departuzent Head:
Dvuglas Rademaker
Additional Informatinn Cnntact:
�
G157 I (from}
CI�.'1' SECR�TARY
APPROVED IQ/22/02
Douglas Rademaker 6l 57 ,