HomeMy WebLinkAboutContract 62000Date Received: 8:43 a.m.
Time Received: 9/18/2024
Record Number: PN24-00020
City Secretary No.: 62000
PUBLIC PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMENT
TIER II
THIS AGREEMENT is made and entered into by and between THE CITY OF
FORT WORTH, a home rule municipal corporation of Tarrant County, Texas ("City"),
acting by and through its duly authorized City Manager, Assistant City Manager, or
Director of the Development Services Department, and Hunter Crossroads, LP, a(n)
Texas limited partnership ("Licensee"), acting by and through its duly authorized
Manager of the General Partner.
RECITALS
WHEREAS, Licensee is the owner of the real property located at 12951 Saginaw
Boulevard, Fort Worth, Texas 76052 being more particularly described as, Lot 10, Block
1 ("Property" ), Tract IV of land situated in the M.E.P & P.R.R. Co. Survey, Abstract
No. 1131, as recorded in Deed Records, by Instrument Number D207294400, in Tarrant
County, Texas, and;
WHEREAS, the City owns a sanitary sewer easement (the "Public Property"),
recorded in the deed records of Tarrant County under Plat Number FP-26-136; and
WHEREAS, Licensee desires to construct, place, and maintain certain
improvements which will encroach in, on, above, or below the Public Property; and
WHEREAS, to accommodate the needs of the Licensee, the City will allow the
encroachment under the terms and conditions as set forth in this Agreement.
NOW, THEREFORE, the City and Licensee agree as follows:
AGREEMENT
1.
The City, in consideration of the payment by Licensee of the fee set out below
and covenants and agreements hereinafter contained to be kept and performed by
Licensee, hereby grants permission to Licensee to encroach in, on, above, or below and
occupy a portion of the City's Public Property as described in and at the location shown
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
on Exhibit "A," but only to the extent shown thereon, for the purpose of constructing,
installing, repairing, replacing and maintaining a storm drain (the "Encroachment").
Upon completion of the Encroachment, Licensee agrees to be responsible for maintaining
the Encroachment within the Public Property. Licensee shall not expand or otherwise
cause the Encroachment to further infringe in or on the Public Property beyond what is
specifically described in Exhibit "A."
2.
All construction, installation, repair, replacement, maintenance, and operation of
the Encroachment and the use or occupancy of the Public Property shall comply with and
be performed in strict compliance with this Agreement and with the charter, ordinances,
codes, and policies of the City. Prior to the construction, replacement or installation of
the Encroachment, Licensee shall submit all plans and specifications to the Director of
the Development Services Department or duly authorized representative. Licensee shall
not commence construction or installation of the Encroachment nor make any use of the
Public Property until after the execution of this Agreement.
3.
Licensee, at no expense to the City, shall make proper provisions for the
relocation and installation of any existing or future utilities affected by such
Encroachment and the use and occupancy of the Public Property, including the securing
the approval and consent of the appropriate utility companies and agencies of the State of
Texas and its political subdivisions. In the event that any installation, reinstallation,
relocation, or repair of any existing or future utility or improvements owned by or
constructed by or on behalf of the public or at public expense is made more costly by
virtue of the construction, maintenance, or existence of the Encroachment and use of
Public Property, Licensee shall pay to City an additional amount equal to such additional
cost as determined by the Director of Transportation and Public Works, the Director of
the Water Department, the Director of the Development Services Department, or their
duly authorized representative.
9
Licensee agrees that City may enter and utilize the Public Property at any time for
any public purpose, including installing, repairing, replacing, or maintaining
improvements to its public facilities or utilities necessary for the health, safety, and
welfare of the public. The City shall have no responsibility or liability for any damages
related to the Encroachment resulting from the City's use of the Public Property;
however, the City shall make reasonable efforts to minimize such damage.
5.
Upon termination of this Agreement, Licensee shall, at the option of and at no
expense to the City, remove the Encroachment and restore the Public Property to a
Tier II Easement Encroachment Agreement Page 2 of 11
PL 5469316.1
I
condition that is substantially the same as existed prior to the installation of the
encroachment and acceptable to the Director of Transportation and Public Works, the
Director of the Water Department, the Director of the Development Services Department
or their duly authorized representative. Any such removal of the Encroachment shall be
in accordance with then -existing City regulations and policies. It is understood and
agreed to by Licensee that if this Agreement terminates and Licensee fails to remove the
Encroachment and restore the Public Property, Licensee hereby gives City permission to
remove the Encroachment and any supporting structures from the Public Property, to
restore the Public Property, and to assess a lien on the Property for the costs expended by
the City in taking such actions.
6.
In order to defray all costs of inspection and supervision which the City has
incurred or will incur as a result of the construction, maintenance, inspection or
management of the Encroachment and use of Public Property as provided for by this
Agreement, Licensee agrees to pay to City at the time this Agreement is requested an
application fee in the sum of Nine Hundred Dollars ($900.00).
7.
The term of this Agreement shall be for forty (40) years, commencing on the date
this Agreement is executed by City. However, the City may terminate this Agreement
upon Licensee's noncompliance with any of the terms of this Agreement. City shall
notify Licensee in writing of any such noncompliance and if Licensee does not cure the
noncompliance within thirty (30) days of notice from City, the City may terminate this
Agreement. However, the City may, at its sole option, allow the Agreement to remain in
effect so long as Licensee has taken reasonable measures to cure the noncompliance or is
continuing to diligently attempt to remedy the noncompliance.
8.
It is further understood and agreed between the parties hereto that the Public
Property to be used and encroached upon is held by City as trustee for the public; that
City exercises such powers over the Public Property as have been delegated to it by the
Constitution of the State of Texas or by the Texas Legislature; and that City cannot
contract away its duty and its legislative power to control the Public Property for the use
and benefit of the public. It is accordingly agreed that if the governing body of City may
at any time during the term hereof determine in its sole discretion to use or cause or
permit the Public Property to be used for any other public purpose, including but not
being limited to underground, surface, or overhead communication, drainage, sanitary
sewerage, transmission of natural gas or electricity, or any other public purpose, whether
presently contemplated or not, that the parties agree to negotiate in good faith in order to
accommodate both the Encroachment and the public purpose.
Tier II Easement Encroachment Agreement Page 3 of 11
PL 5469316.1
9.
LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES
HEREBY INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, AND ELECTED OFFICIALS
FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY
DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO
ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION
WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION,
MAINTENANCE, OCCUPANCY, USE, EXISTENCE, OR LOCATION OF THE
ENCROACHMENT AND USES GRANTED HEREUNDER, WHETHER OR NOT
CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS, LICENSEES, ELECTED OFFICIALS, OR INVITEES OF
THE CITY; AND LICENSEE HEREBY ASSUMES ALL LIABILITY AND
RESPONSIBILITY FOR SUCH CLAIMS OR SUITS. LICENSEE SHALL
LIKEWISE ASSUME ALL LIABILITY AND RESPONSIBILITY AND SHALL
INDEMNIFY CITY FOR ANY AND ALL INJURY OR DAMAGE TO CITY
PROPERTY ARISING OUT OF OR IN CONNECTION WITH THE
ENCROACHMENTS AND ANY AND ALL ACTS OR OMISSIONS OF
LICENSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
CONTRACTORS, SUBCONTRACTORS, LICENSEES, OR INVITEES.
10.
While this Agreement is in effect, Licensee agrees to furnish City with a
Certificate of Insurance naming City as certificate holder as proof that is has secured and
paid for a policy of public liability insurance covering all public risks related to the
proposed use and occupancy of public property as located and described in Exhibit "A."
The amounts of such insurance shall be not less than
$1,000,000
with the understanding and agreement by Licensee that such insurance amounts may be
revised upward at City's option and that Licensee shall so revise such amounts
immediately following notice to Licensee of such requirement. Such insurance policy
shall not be canceled or amended without at least thirty (30) days prior written notice to
the Building Official of the City. A copy of such Certificate of Insurance is attached as
Exhibit "B" and incorporated herein for all purposes. Licensee agrees, binds, and
obligates itself and its successors and assigns to maintain and keep in force such public
liability insurance at all times during the term of this Agreement and until the removal of
the Encroachment and restoration of the Public Property. All insurance coverage
required herein shall include coverage of all Licensee's contractors and subcontractors.
Tier H Easement Encroachment Agreement Page 4 of 11
PL 5469316.1
11.
Licensee agrees to deposit with the City when this Agreement is executed a
sufficient sum of money to be used to pay necessary fees to record this Agreement in the
real property records of the county in which the Encroachment is located. After being
recorded, the original shall be returned to the City Secretary of the City of Fort Worth.
12.
Licensee agrees to comply fully with all applicable federal, state, and local laws,
statutes, ordinances, codes, and regulations in connection with the construction,
operation, repair, replacement and maintenance of the Encroachment and use of the
Public Property.
13.
Licensee agrees to pay promptly when due all fees, taxes, or rentals provided for
by this Agreement or by any federal, state, or local statute, law, or regulation.
14.
Licensee covenants and agrees that it shall operate hereunder as an independent
contractor as to all rights and privileges granted hereunder and not as an officer, agent,
servant, or employee of City, and Licensee shall have exclusive control of and the
exclusive right to control the details of its operations, and all persons performing same,
and shall be solely responsible for the acts and omissions of its officers, agents, servants,
employees, contractors, subcontractors, licensees, and invitees. The doctrine of
respondeat superior shall not apply as between City and Licensee, its officers, agents,
servants, employees, contractors, and subcontractors, and nothing herein shall be
construed as creating a partnership or joint enterprise between City and Licensee.
15.
Licensee agrees and acknowledges that this Agreement is solely for the purpose
of permitting Licensee to construct, repair, replace, maintain, and locate the
Encroachment over or within the Public Property and is not a conveyance of any right,
title, or interest in or to the Public Property, nor is it meant to convey any right to use or
occupy property in which a third -party may have an interest. Licensee agrees that it will
obtain all necessary permissions before occupying such property.
16.
In any action brought by the City for the enforcement of the obligations of the
Licensee, City shall be entitled to recover interest and reasonable attorneys' fees.
Tier H Easement Encroachment Agreement Page 5 of l I
PL 5469316.1
17.
The parties agree that the duties and obligations contained in Section 5 shall
survive the termination of this Agreement.
18.
Licensee covenants and agrees that it will not assign all or any of its rights,
privileges, or duties under this Agreement without the written approval of the City, and
any attempted assignment without such written approval shall be void. In the event
Licensee conveys the Property, Licensee may assign all of its rights and obligations under
this Agreement to the new owner of the Property, and Licensee shall be deemed released
from its duties and obligations hereunder upon City's approval in writing of such
assignment, which approval shall not be unreasonably conditioned or withheld.
Foreclosure by a secured lender of Licensee or assignment to a secured lender by
Licensee in the event of default or otherwise shall not require City approval provided that
said lender notifies City in writing within sixty (60) days of such foreclosure or
assignment and assumes all of Licensee's rights and obligations hereunder. However, no
change of ownership due to foreclosure or assignment to any secured lender of Licensee
shall be effective as to City unless and until written notice of such foreclosure or
assignment is provided to City.
19.
Any cause of action for breach of this Agreement shall be brought in Tarrant
County, Texas. This Agreement shall be governed by the laws of the State of Texas.
20.
This Agreement shall be binding upon the parties hereto and their successors and
assigns.
21.
This Agreement may be executed in multiple counterparts, each of which shall be
considered an original, but all of which shall constitute one instrument.
[SIGNATURES APPEAR ON FOLLOWING PAGE]
Tier H Easement Encroachment Agreement Page 6 of I 1
PL 5469316.1
City:
CITY OF FORT WORTH
By: Da It. nlep 17, 202415:16 CDT)
D.J. Harrell, Director of the
Development Services Department
Date: Sep 17, 2024
ATTEST
Jannette Goodall,
City Secretary
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Date: Sep 18, 2024
Tier II Easement Encroachment Agreement
Licensee:
Hunter Crossroads, LP
a Texas limited partnership
Hunter Crossroads, GP, LLC
a Texa imi. ed liability company
its gener I partner
By.
meScott II �ihrman
Title: Manager of 4ie eneral Partner
Date: .. 7—
Approved As To Form and Le gG1 ity
I'
fi
Hye Won Kim
Assistant City Attorney
Date: Sep 17, 2024
Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this contract, including ensuring all performance
and reporting requirements.
Rebecca Diane Owen (Sep 17, 202415:01 CDT)
Rebecca Owen
Development Services
Date: Sep 17, 2024
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Page 7 of l t
PL 5469316.1
ULM 911 KI W-10I N DLIR1401I N 1mU Ham-w Ils:'Leg tko j W w Le IK11.y D11J►1 wI
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared D.J. Harrell, known to me to be the person
whose name is subscribed to the foregoing instrument, and acknowledged to me that he
executed the same for the purposes and consideration therein expressed, as the act and
deed of the City of Fort Worth, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 17th day of
September , 2024.
Weidil read se
Wendy Beardsiee (Sep 17, 202416:32 CDT)
Notary Public in and for the State of Texas
After recording return to:
Development Services Department
Development Coordination Office
200 Texas Street
Fort Worth, Texas 76102
Tier II Easement Encroachment Agreement
4WENDYpRYP(ie� L BEARDSLEENotary Public *STATE OF TEXAS
�oF�� Notary I.D. 13323719-3
My Comm. Exp. July 28, 2025
Page 8 of 11
PL 5469316.1
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 M. Scott Rohrman, Manager of the General
Partner (Title) known to me to be the person whose name is subscribed to the foregoing
instrument, and acknowledged to me that he or she executed the same for the purposes
and consideration therein expressed, as the act and deed of Hunter Crossroads, LP, a
limited partner (entity type), and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE thisday of t,
2024.
I
" Ryan Charles Dykstra
My Commission Expires 25
Notary ID
StPtu 'Ic in and for the �s� 712
tt�of� Texas
Tier H Easement Encroachment Agreement Page 9 of 11
PL 5469316.1
EXHIBIT A
Depiction and description of the Encroachment
Tier H Easement Encroachment Agreement Page 10 of 11
PL 5469316.1
i<r-M
ENGINEERING i DESIGN
3501 OLYMPUS BLVD, SUITE 100
DALLAS, TEXAS 75019
PHONE: (469) 899-0536
WWW.KFM-LLC.COM
TBPE #: F-20821
Bus
287
TITLE
LOCATION MAP
PROJECT
HUNTER CROSSROADS WEST
FORTWORTH. TX
MAPSCO NO. 4V
DEVELOPER
HUNTER CROSSROADS, LP
2030 MAIN ST., SUITE 342, DALLAS TX 75201
,�iM2 114�
Al
MA 'S '.5
T1
N
0 1000 2000
1" = 2000'
PROJECT UMBER
010074005
EAT
2024/02/07
US 287
- - - - - - - - - - - -
- - - - - - - - - - - - - - i r - - - - - - - - - - - - - - - - -
L
LOT 8 LOT 10 LOT 11
1)TRIVATE DRAINAGE EASEMENT -_II I /
2- OP- 18" PRIVATE HDPEIO I
STM A-
-------------
ENCROACHMENT AREA IF,7-
(PRIVATE STORM)
Li&-wAs-TlvvATER. SEMENT
LOT 9
KFM
3501 OLYMPUS BLVD, SUITE 100
DALLAS, TEXAS 75019
PHONE: (469) 8 9-0536
WWW.KFM-LLC. OM
TSPE #: F-20821
PROJECT
HUNTER
CROSSROADS
WEST
FORT WORTH, TEXAS
TITLE
SITE PLAN
CLIENT
HUNTER
CROSSROADS, LP
DALLAS,TEXAS
N
SCALE 1"= 60'
010074-
2-/.4/H
GRAPHIC SCALE
0' 30' 60' 120'
1" = 60'
LINE TABLE
US HIGHWAY 287
VARIABLE WIDTH RIGHT-OF-WAY
S58°32'12"E 33 B F"TXDOT"
62.26' (IN CONC.)
LINE DIRECTION LENGTH I M. E.P. & P.R.R. U0.
SURVEY
L1 N81°24'45"E 21.21' SECTION NO. 17
L2 S53°34'43"E 14.14' ABSTRACT NO. 7131
L3 S81°24'45"W 21.21' OT 10
BLGCK
L4 N53°34'43"W 14.14' ?
N
w A P=ria r:D R of
ENCROACHMENT AREA
v _ ,U_ED'- 5WO A, -PET,
212 SQUARE FEET N `- ,CT IV
A PORTION OF z HIATFP. CR(-SSRONLS Lo
CALLED 37.589 ACRES
Lf''
TRACT IV F,-.T,r T.
HUNTER CROSSROADS, LP
INST. NO. D207294400
O.P.R.T.C.T.. VARIABLE WIDTH PRIVATE
0
1" DRAINAGE EASEMENT
S53°34'43"E-
5.60' — -----
L
— N36°24'45"E < 4
— — — —
- 29.36' P.O.B 15' WASTEWATER
EASEMENT
5/8" CIRF \ 1
"RPLS 6677" 1
I I
REMAINDER OF I_
CALLED 37.589 ACRES I - 15' DRAINAGE EASEMENT
INST. NO. D223225221
GENERAL NOTE TRACT IV I O.P.R.T.C.T.
HUNTER CROSSROADS, LP I I
1. Bearing based on Texas State Plane INST. NO. D207294400
Coordinates, North Central Zone, 4202, O.P.R.T.C.T. I I
NAD83-US Survey feet, derived from GPS I I
observations and NGS Opus solutions. I
LEGEND / ABB 4EVIAT1,0
ENCROACHMENT EXHIBIT
212 SQUARE FEET
IN THE M.E.P. & P.R.R. CO SURVEY
SECTION NO. 17, ABSTRACT NO. 1131
TARRANT COUNTY, TEXAS
ADJOINEF� LlfjfE
— — — — — — EASEMENTllLINE
MONUMENTFOUND
O.P.R.T.C.T. OFFICIAL PUBLIC RECORDS,
TARRANT COUNTY, TEXAS
CIRF CAPPED IRON ROD FOUND
P.O.B. POINT OF BEGINNING
P.O.C. POINT OF COMMENCING
CHISHOLM TRAIL
LAN, D SURVEYS Ei
TX FIRM #10194767
kT* MICHAEL R. K£RST£N, RPLS 6677
INFOQCLTS-LLC.COM
940.367.7188
PROJECT NO. 23-0018 I DRAWN BY: AA I SCALE: V = 60' I DATE: 05/01/2024 I SHEET: 1 OF 2
KFM
ENGINEERING 8 DESIGN
3501 OLYMPUS BLVD, SUITE 100
DALLAS, TEXAS 75019
PHONE: (469) 899-0536
W W W.KFM-LLC.COM
TBPE #: F-20821
r'
LEGAL DESCRIPTION
Encroachment Area
BEING all of that tract of land situated in the M.E.P. & P.R.R. Co. Survey, Section No. 17, Abstract No. 1131, City of Fort Worth, Tarrant
County, Texas, and being a portion of Lot 10, Block 1 of a called 37.589 acre tract of land described as Tract IV in the deed to Hunter
Crossroads, LP, recorded in Instrument No. D207294400, Official Public Records of Tarrant County, Texas, and being more particularly
described as follows:
COMMENCING at a 5/8-inch iron rod found at the southwest corner of Lot 10, Block 1 of said 37.589 acre tract; Thence North 36' 24' 45" East, with the
west line of Lot 10, Block 1 of 37.589 acre tract, a distance of 29.36 feet; Thence South 53' 34' 43" East, a distance of 5.60 feet to the POINT OF
BEGINNING;
THENCE crossing Lot 10, Block 1 of said 37.589 acre tract, the following courses and distances:
1. North 81 ° 24' 45" East, a distance of 21.21 feet;
2. South 53' 34' 43" East, a distance of 14.14 feet;
3. South 81 ° 24' 45" West, a distance of 21.21 feet;
4. North 53' 34' 43" West, a distance of 14.14 feet to the POINT OF BEGINNING and enclosing 212 square feet of land, more or less.
SURVEYOR CERTIFICATION
I, Michael R. Kersten certify that this plat was prepared under my direct
supervision from a survey made on the ground on April 21 st, 2023, that
this plat correctly represents the facts found at the time of said survey.
Date of Plat or Map: February 6th, 2024.
05/01/2024
ENCROACHMENT EXHIBIT Michael R. Kersten
212 SQUARE FEET Registered Professional Land Surveyor
IN THE M.E.P. & P.R.R. CO SURVEY Texas Registration No. 6677
SECTION NO. 17, ABSTRACT NO. 1131
TARRANT COUNTY, TEXAS
CHIStly %0" TRAI L
TX FIRM #10194.767
MICHAEL R. KERSTEN, RPLS 6677
INFO@CLTS-LLC.COM
940.367.7188
PROJECT NO. 23-0018 1 DRAWN BY: AA I SCALE: N/A I DATE: 05/01/2024 I SHEET: 2 OF 2
KFM
ENfiINEERING 1 DESIGN
3501 OLYMPUS BLVD, SUITE 100
DALLAS, TEXAS 75019
PHONE: (469) 899-0536
W W W. K FM-LLC.CO M
TBPE #: F-20821
\ FU I URc C0AWAVERCIAL
DE VEL_ OPME/V r -
10tPRIVATE DRAINAGE EASEMENT
1+00 2+00 _ _18" PRIVATE HDPEDQ
' —r—�
- STM A
—� ENCROACHMENT AREA
T — (PRIVATE STORM) I ��
L'!i' \N'A%3�Q,TTER EASEMENT
PROPCSED EXISTING 24" PRIVAtt HDPE @ 0.50�/0�
830 GROUND GROOIJD ` 830
8" WW CRO5SING
FL= 824.32 100-YR HGL
18" 'RIVATE HUt't @ 0.52%
825 �,�°�° N 825
-----iCQ
�OQ✓ — — -8„ SDR-26 PVC
PJBLIC WASTEMTER
820 820
�24" PRIVATE HDPE @ 0.500i)l
130" PRIVATE HDPE @ 1.32%I
815 815
I- ENCRDACHMENT
AREA
810 810
0+00 1+00 2+00 3+00
TITLE
0
9
KFM ENCROACHMENT PLAN & PROFILE
6 N
3501 OLYMPUS BLVD i 20 40
SUITE 100
DALLAS, TEXAS 75019Iry PHONE: (469) 899-0536 PROJECT CLIENT SCALE 1 = 40'
W W W. KFM-LLC.COM
TBPE #: F-20821 HUNTER CROSSROADS WEST HUNTER CROSSROADS, LP UMBER SHEET
FORTWORTH, TEXAS DALLAS,TEXAS 1007400
DATE
2024/02/06
EXHIBIT B
Certificate of Insurance
Tier II Easement Encroachment Agreement Page 11 of 11
PL 5469316.1