HomeMy WebLinkAboutContract 62082Date Rccei% red: 10/07/2024
Time Received: 2:16 p.m.
Record Number: Piti24-00099
City Secretary Nu.: 62082
PUBLIC PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMENT
TIER ff
TRIS AGREEMENT is made and entered into by and between THE CITY OF
FORT WORTH, a home rttle municipal corporation of Tan -ant County. Texas ("City"),
acting by and through its duly authorized City Manager, Assistant City Manager, or
Director oFthe Development Services Department, and [sage Alchalel, as Trustee of The
Alchalel Children's Trust ("Licensee-)-
RECTFALS
WHEREAS, Licensee is the owner of the real property located at 5317 Sycajnore
Lake Road, Fort Worth. Texas 76123 ("Prop"being more particularly describe d as,
approximately 12.4433 acres known as Lot 47, 9, 10, 11, 12, and 13, Surnmer Creek
Station, and addition to the Cite of Fart Worth, as recorded in Deed Record.-, by
Instrument Number D2231113891, in Tarrant County, Texas, and;
VVREREAS, the City owns a water easement (the "Public PreperW) adjacent to
the Property, dedicuted to the City in an easement file in the Tarrant County Iced
Records as depicted on the final pla# of the property (FP-15-125), which is recorded in
the Deed Records of Tarrant County by Lnstnuneat Number D218196478; 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 a11cr,v the
encroachment udder 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 coverimts 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
on Exhibit "A," but ordy to the extent shown thereon, for the purpose of constructing,
installing, and maintaining a storm drain (the "Encroachment"). Upon completion of the
FricraaehmenL Licenwe agrees to be responsible for maintaining the Encroachment
Tier 11 Easement Encrcochment Agreement PW t of i 1
Revised 12'2022
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
within the Public Property. Licensee shall not expand or otherwise cause the
Encroachment to fttrthe€ infringe in or on the Public Property beyond what is specifically
described in Exhibit "A."
2.
All construction, installationr, maintenance, and operation of the Encroachment
and the use or occupancy of the Public Property shall complywith and be performed in
strict compliance with this Agreement and with the charter, ordinances, codes, and
policies of the City. Prior to the construction or installation of the Encroachment.
Licensee shall submit all plans and specifications to the Director of the Development
Services Department or duly authorized wpresentative. 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 mare 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 Se -ices Department, or their
duly authorized representative.
4.
1Acensee agrees that City may enter and utilize the Public Property at any time for
any public purpose, including installing, repairing, replacing, or maima;nirng
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 AgreernenL Licensee shall, at the option of and at no
expense to the City, remove the Encroachment and restore the Public Pmperty to a
condition acceptable to the Director of Trdnsportation 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
Tier I1 Easement Encroachment Akrectnent Page 2 of 1 l
Revised 12.2022
accordance Mth then -existing, City regulations and policies. it is understood and a&Wed
to by Licensee that if this Agreement terminates and Licensee fails to remove the
Encroacbment and restore the Public Property, Licensee hereby gives City permission to
remove the Encroachment and any supporting struettrres from the Public Property, to
restore the Public Property, and to assess a lien on the Property for the casts 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 bv this
Agreement, Licensee agrees to pay to City; at the tirne this Agreement is requested an
application fee in the sum of Nine Hundred Dollars ($900.0M.
7.
The terra of this Agreement shall be for thirty (30) years, commencing oil the
date this Agreement is executed by City. However, the City may terminate this
Agreement upon Licence's noncompliance with any of the terms of this Agreement.
City shall notify Licensee in writing of any such noncompliance and if Licensee dues not
cure the noncompliance within thirty (30) days of notice from City, the City may
terminate this .Ament. How -ever, 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.
.11
i# 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 Mate of Texas or by the Texas Legislature; and that City c,-irnot
contract away its duty and its legislative power to control the Public Property for tb-• 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 CKL:e or
permit the Public Property to be used for any other public purpose, including bat; not
being limited to underground, surface, or overhead communication, drainage, sanitary
sewerage, transmission of natural gas or electricity, or any other public purpose, wh_.ther
presently contemplated or not. that the panics agree to negotiate in good faith in order to
accommodate Both the Encroachment and the public purpose.
Tier tt Easement ftcroachTnert Agreement Nge - of I I
Reviwd 12-LI022
9.
LICENSEE COVENANTS AND AGREES TO MEMNIFY, AND DOES
HEREBY INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, AND ELECTED OFFICI-A LS
FROM AND AGAINST ANY AND ALL CLAIMS OR SKITS FOR PROPERTY
DAMAGE OR LOSS AND{OR PERSONAL INJURY, INCLUDING DEATH, TO
ANY AND ALL PERSONS, OF WHATSOFVER ]UND OR CHARACTFR,
WHETHER REAL OR ASSERTED, ARI.5ING OUT OF OR IN CONNECTION
WITH, DIRECTLY Olt INDIRECTLY, THE CONSTRUCTION,
MA nYNANCE, OCCUPANCY, USE, EXISTENCE, OR LOCATION OF THE
ENCROACHMENT AND USES GRANTED HEREUNDER, WHFTHER OR NOT
CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE Of
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS, LICENSEES, ELECTED [OFFICIALS, OR VMTEES OF
THE CITY; AND LICENSEE HERESY ASSUMES ALL LIABILITY kND
RESPONSIBILITY FOR SUCH CLAIMS OR SUITS. LICENSEE SHALL
LB-CE 'I5E ASSUME ALL LIABILITY AND RESPONSIBILITY AND SH CU
INDEMNIFY CITY FOR ANY AND ALL INJURY OR DAMAGE TO CITY
PROPERTY ARISLNG OUT OF OR [N CONNECTION WITH '! W
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 bolder 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 looted and described in Exhibit "A."
The mnounts of such insurance shall be not less than
1ylow
with the understanding and agfeernent by Licensee that such insurance amounts rnry be
revised upward at City's option and that Licensee shall so ri wvlse 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 OffieW of the City. A copy of such Certificate of Insurance is attached as
ExUbit "B" and incorporated herein for all purposes. Licensee agrees, binds, and
obligates itself and its successors and a<ssigm to maintain and keep in force such public
iiabil€ty insurance at all times during the terra oftf6s Agreement and until the removal of
the Encroachrnent and restoration of the public Property. All insurance coverage
required herein s3tall include coverage of all Licensee's contractm and subomtractom
Tier II Easement Encroachment Agreement page d of I I
Revised L 2022
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 gees to comply fuller with all applicable federal, state, and local laws,
statutes, (3rdinames, codes, and regulations in connection with the construction,
operation, 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 shali operate hereunder as an independent
contractor as to all rights and privileges granted hereunder and not as an officer, a:Fent,
servant, or employee of City, and Licensee shall have exclusive control of an(' the
exclusive tight 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 oMQW, $gents,
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 pupose
of permitting Licensee to construct, maintain, and locate the Encroachment over or viithsn
the Public Property and is not a conveyance of any right, title, or interest in or U) 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.
M
In any action brought by the City for the enforcement of the obligations of the
Licensee, City shall be entitled tv recover interest and reasonable attorneys' fees.
Teen 11 EU,UMM RucrowJmmmi Aft Page 5 of 11
Revised 12,-'i022
17.
The parties agree that the duties and obligations contained in Seetioin 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 su eb written approval shall be void. In the event
Licensee conveys the Property, Licensee may assign all of its rights and obligafons 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 canditioned or withheld.
Foreclosure by a secured lender of Licensee or assignment to a secured leader 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 dire to foreclosure or assignment to any secured lender of Licensee
shall be effective as to City unless and uuntil 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 govemed by the laws of the She of Texas.
20.
This AgrevTnent shall be binding upon the parties hereto and their successors and
asslgns.
21.
This Agreement may be executed in multiple counterparts, each of which sha: i be
considered an original, but all of which shall constitute one instrument
[SIGNATURES .APPEAR ON FOLLOWING PAGE]
Tier if F.acement Encroachment Agmurnenl Page 6 of t t
Revised 17J2022
City:
CITY OF FORT WORTH
BY: Dalton Harrell 7, 2024 09:58 CDT)
D. I Harrell
Director, Mveiopment Services Departritent
Date: Oct 7, 2024
q onn
a4 on),
pvA Fo,oa ^ "09dd
ATTEST. pbo o
MP. Approved As To Form and Legality
�pp pdd * �o 4.111
# 1
���•'V-'��.a % l��cStvJLu daaa4 tEXP`� as n n
jamette Goodall, Rye Won Kim
City Secretary Assistant City Attorney
Contmet Compliance Mmoager:
By signing i acknowledge that 1 am the person
responsible for the manitoring and adminis€rati011
of this contract, including ensuring all performance
and reporting requirements.
Rebecca Owen (Oct 3, 202410:12 CDT) _
Rebecca Owen
Development Services 14'Iana9er
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Tier H EawrnmL Eacreachment A-T-Eermenl Pam 7 of t t
Revised 12'2022
Licensee;
The Alchalel Children, s Trust
By:
Name: Isaac Ale el
Title: Trustee
Date: 1 DIV 17,4
TATEOF4#li
COUNTY Ole
BEFORE ME- the undersigned authority. a Notary PUblie in and for the State of
dlfdf At A, , an this day personally appeared Isaac Alchalel, Trustee, kno%m to
nw to be the person whose name is subscribed to the foregoing instrurnent, and
acknowledged to me that he or she executed the same for the pwtwses and c7onsidecation
therein expressed. as the act and deed of The Alchalel Children's Trust, and in the
capacity [herein stated.
GWEN UNDER MY HALL} AND SEAL OF OFFICE this 4 day offi
2024.
SAP kusT V A59
• r i Yr Neary PLOW , CatHarF
Notary Public in andLthe � y' umr, , e .uraa [
µy CornEMI"es *r 20. 2,02
t }
State of 0, It f I ,mot 11
Tier II Easement Encrcechment AgTeement Page F of 11
Reviwd 1: '2022
STATE OF TF \AS §
COUNTY OF TARRA T §
BEFORE E, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared D. J. Harrelk known to me to be the person
whose game is subscribed to the foregoing insimment, 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 to the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE fts7th day of
Oct 2024,
r
N tary Public in and for the State of Texas
aYPoac KATHLEEN Pub'c RD
pp Notary Publlc
* dr7 STATE OF TEXAS
G Notary I.D. 12197197
�a My Comm. Exp. Apr. 12, 2027
After recording return to:
Development Services Department
Development Coordination 4�ffice
100 Fort. Worth Trail
Fort Worth, Texas 76102
Pier 11 Fa-emcni Encroachment Agreement Page 4 of I l
Rcvised IZ2022
EXHIBIT A
Depiction and dewription of the Encroachment
Tier lI Easemem Encroachment Agreement Page I of I I
Reriscd 122022
FOR_ T�ORTH THE CITY OF FART WORTH
WATER ENCROACHMENT AGREEMENT
P N24-00099
SUMMER CREEK STATION.. BLOCK 13 ;LOT 11
Jos Cmkw Crm,p
1$74 Ave
Vwni Beads FL 33139
Phone (9s2) W3-10S
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VICINITY MAP
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srmmn. Tvmu 75 M
.W. Ng. t214)517
LEGAL DESCRIPTION
EASEMENT ENCROACHMENT
BEING a O.i7034 acre (150 square foot) tract of land sfkuated in the John Van Lent Sufvey, Abstract No_ 1871, City of
Fort Worth, Tarrant County, Texas, said tract being part of Lot 11. Block 13, Summer Creek Station, an addition to
the City of Fort Worth according to the plat recorded in Instrument No. D218195478 of die Omit Public Records of
Tarrant County. Texas; said tract also being part of a variable vriM water easement dedicated by said plat; said tract
being more particularly descrihed as follows:
COMMENCING at a'W' cut found at the most s'outherEy southeast corner of Lot 12;
THENCE South 22°2544" East, along the east line of said Lot 11, a distance of 46.03 feet to a point; from said Point
a 1l24nch iron rod found at the south corner of Lot 3, Block 13, Summer Creek Station, an addition to the City of Fart
Worth according to the plat recorded in Instrument No, D215233807 of the said Official Public Records bears South
272644" East, a distance of 106.29 feet,
THENCE South 58339'20" West, depardrtg the said east line of Lot 11, a distance of 17,13 feet to the POI HT
OF BEGINNING'
THENCE South 22°34'19" West. a distance of 10.00 feet to a paint for corner,
THENCE North 67°2&3_P' West, a distance of 15.00 feet to a point for corner:
Ti-tENCE North 2213471" East, a distance of 1 Q_M feet to a paint for conker,
THENCE South 67"263r' East, a distance of 15.0D feet to the POINT OF BEGINNING and containing 150 square
feet or 0.0034 acres of Land, more or less.
NOTES
Bearing system based on the Texas Coordinate System of 1983(2011 adjustment), North Central Zonf; (4202).
A survey plat of even survey date herewith accompanies this metes & bounds descriptior.
The undersigned, Registered Professiianai Land Surveyor, hereby certifies that the foregoing descriftion accurately
sets out the metes and bounds of the encroachment track.
EA EMENT ENCROACHMENT
JOHN VAN LENT SURVEY.
ABSTRACT NO. 1$71
MICHAEL C_ BIu IraO.SLEY:'
'
CITY OF FART WORTH
COUNTY, TEXAS
REGISTERED PROFESSIONAL..................TARRANT
LAND SURVEYOR NO. 6558
I IGHAELCLEOBILLINGSLEY
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ENCROACHMENT C3 � �
0.0034 ACRES
150 SO. FT. l2 1 v- LOT 3, BLOCK 13
' SUMMER
uARLULE WDTH `os CREEK STATION
WATER EISEMM7 o-
iINST. NO. IY21819547a1 i YN (INST- NO. D215233$0. )
ff
LEGEND
AL = CENTRAL Po. _ �OINr OF COMMENCING � � LOT 11, BLOCK 13
P-o-B. -POINT OF BEGINNING � � SUMMER CREEK STATION
FM = W RON ROD W+ " iCi W CAR SET 1 (INST. NO. D218196478)
HF= IRON ROD FOUND � � ii2'111E
f ALCHALt CFULDRENS TRUST {c-x)
f (INST. NO. D223175$71)
NOTES
Searing system based on the Texas Coordinate System of 1983(2011 adjustment), Noff Central Zone (4202),
A metes & bounds description of even surrey date henn&b accompanies this survey plat -
The undersigned, Registered Professional Land Surveyor,
heTehy oertfl-ies that this plat of survey accurafeiy sets out
the metes and bounds of the encroachment track.
EASEMENT ENCROACHMENT
JOHr,1 NIAN LENT SURVEY
-
'"
ABSTRACT NO. 1871
-'.-
CITY OF FORT WORTH
MICNAEL C. BILLINGSLEY'
TARRA T COUNTY, TEXAS
REGISTERED PRGFES510NAt.
...................
LAND SURVEYOR NO. 6558
MICHAEL CLEO BILL NGSLI=Y
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W1 CHERRY STREET,
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NOTES;
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RECORD DRA►NING X-2'•SDG.
2_ CCNTRAc-roR TO FIELD VERIFY
PIW HORL70NTAL AND VERTICAL LOCATION
OK EXI STING UTILITIES PRIOR TO
eEGINNiNG OF CONSTRUICTION_
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EXHIBIT B
Certificate of Insurauec
Tier it E sernml Encrcach=ni Agreenwnt Page I I LZ i 1
Re►15ed I }.'2022