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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 Coawl. StyLar "--orq KisrrAM4-k mia ,ice ss ire 20M PL C00A EKVY S_ -c 4M RWOW Tom 75M pww {2t4) rl74s35 CmtimeL Sbmwo—e Tur. P F VICINITY MAP P. 421K76b, •IM wnu OP CODE 75'23 ymmr iffi[IY, TEM Frrn RcT."iw Nn.F-929 2 M M1_ GmT[r,i E4Y. SLOB 400 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 . ....... - + - 801 CHERRY STREET. *........ ` Kimlev)))HornfT UN 11 SLIME 1300 =.'°. ;: � ES t r�� FORT PH. 817-33 -6 11 '-- •-a •' rl ausa�,y uh: _ '-: 'd._".4a'3�''- Wwr.ar� tag._ = arks W:__.._ ...,vba�,rr ,� s u++� mic#Gael.biil!ngsley@kimley-hom.com � SQ"as � goo I , _ A PAQ9I C Sr=Wq 9-0 MA#CiFrW VOM CR6"CH FMESS 0-R-CMENT Oa as 40 1 •, SCAUT! IN FEET 1 7A sp,° 1 P.O.C. LIME TABLE NO_ BEAJUNG �LB+IGTti 1 s44•E - �XF 1 L2 I m.34,iirw_j fo.w 1 L3 W-25 37'1N Z 5.t54 EASEMENT `r P.O.B. [sw-2b•37T� 15-W 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 ., r W1 CHERRY STREET, . ... i g*, Kimle H n UNfT 11 SUITE 1960 '-'a� - - FOFORT WORTH. TE}(AS 76102FgSI OR , T ��,A Fort hk -c.as B102 Fps'._ -- u0 .wak--:- a.mn 81� � 11 michael.billings4ey mEey-hom.cam IT ,•_ {fir RAdLL& CAELM W3�ZW4 9:09 NJ 7E'.f-fiN SU YARTH CiARiL i FITNESS- - 7M6iM CFIL i FRNE8S SCS 1[ W-RWCHU - - ' NL�JlI1 M57- N¢. U21619547-01 , 3-G aG S PL4LFG f 91d4TER UK f r r f r f f UMMER CREEK STATION PH2400�]aD DEVELOPER ENGINEER: ,as Gaww P '°- a, 'S&,—a!e5 I-.:.. 197a wwwLanAw ray SL :r MW- Best. FL 33139:�!ac Rhom �glz)M3 mm Php a (ZIA 817-WW COMI.aa ShQFIW LOM Ce(Woct 9L•p�r- TM P.E. N F S 9 4a EKY G tkP'.-SG SCALE 4U l i le ))) Horn 2qM 7d. GenvA ETW. SuRm COD Rcmwuw 7a®s 16M Tel. W. [21 ij $17-0&M S#0 805 am 795 7w i WATER ENCROACHMENT mllm�111111�111 �I■�■■■■■ ■■ aw ME NEE MEN n• is -q`�r �+ NINE NINE ■■��� �� ■■■N■ IL._No I NEON 01 ■■■N10111sas�� ■■■% ■■ ■ 11■■ ■■■11■ MEE ■■■11■■■■■■■ ■NEE ■■ ■■■N■■■■■■■■■ ■■MINE f■l■■■■■NEE -0,V50 O+W SIMMER CREEK STATION OIFWLOPVR,• EN6iNEER. iBS QW�W CID.P lf.,- t67d M&raw Aw _ ._. _=^.-31 BM, 5urtr W] M—i Eleuth. FL 93139 Prom M2) B831BM roc-.e ;2'4; 9174MM Coed Sk/Ir LcN cwbs L: SMphrip T4P.E. PROFILE S(;ALFz 8io 1-= 40' HOR=NTAL 1' - 4' YE RTICAL NOTES; 1_ DEPTH OF EXISTING r PUBLIC WATER r LINE COULD NOT BE DE TERIaI NEU FROM 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_ E $. CONTRACTOR TO INSTALL SPLIT STEEL CASINO FOR fXJS-0NG WATER UNE PER CFTY DETAIL 33 05 24-01W- 7�s I+W 790 imle ))} Morn r r : eg •i!,9 . NO. FAQ9 ZWO N CwVA Emory. SUft 4W R,p.wusw. T&ae 75M Tel. No. (2i43 d17- iM Oil lie i 1 8r� LFTiLrTYRAII I � IRJWJI I I tJl� 11 LA. ! I I [� I• jI J i ij r a_ YR 1_I III � WATER +0I90EL LAHEOUS cMhMl9MCFH m II S; I R11111 f1 n FF0.PJECT$ OtfA�6A �i7�� Ill ......-�,..�f ! !I EXHIBIT B Certificate of Insurauec Tier it E sernml Encrcach=ni Agreenwnt Page I I LZ i 1 Re►15ed I }.'2022