HomeMy WebLinkAboutContract 62286Date Received: 11 /11 /2024
Time Received: 11: 04 a.m.
Record Number: PN24-00110
City Secretary No.: 62286
PUBLIC PROPERTY RIGHT-OF-WAY ENCROACHMENT LICENSE
AGREEMENT
TIER 11
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 Tarrant County of Texas, a political
subdivision of the State of Texas Government ("Licensee"), acting by and through its duly
authorized Contracting Officer.
RECITALS
WHEREAS, Licensee is the owner of the real property located at 601 W.
Weatherford Street, Fort Worth, Texas 76102 ("Property"), recorded as Lots 1, 2, 4, and
the east half of Lot 3, and Lot 3-A, Block 60, Fort Worth Original Town Addition, Fort
Worth, Texas, in Deed Records of, D202118716, in Tarrant County, Texas, and;
WHEREAS, the City owns a right-of-way easement (the "Public Property")
adjacent to the Property, recorded in the plat records of Tarrant County as plat number FS-
88-134; 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 covenants and agreements hereinafter contained
to be kept and performed by Licensee and other good and valuable consideration, the
receipt of which is hereby acknowledged, 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 only to the extent shown thereon, for the
purpose of constructing, installing, and maintaining landscaped fagades, and door swings
(the "Encroachment"). Upon completion of the Encroachment, Licensee agrees to be
responsible for maintaining the Encroachment within the Public Property. Licensee shall
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CITY SECRETARY Revised 12/2022
FT. WORTH, TX
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, 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 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.
4.
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
condition 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
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Revised 12/2022
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.
The term of this Agreement shall be for thirty (30) years, commencing on the date
this Agreement is executed by City.
7.
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.
8.
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.
Both Licensee and City agree to comply fully with all applicable federal, state, and
local laws, statutes, ordinances, codes, and regulations in connection with the construction,
operation, and maintenance of the Encroachment and use of the Public Property.
10.
Licensee agrees to pay promptly when due all fees provided for by this Agreement
or by any federal, state, or local statute, law, or regulation.
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Revised 12/2022
11.
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.
12.
Licensee agrees and acknowledges that this Agreement is solely for the purpose of
permitting Licensee to construct, 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.
13.
The parties agree that the duties and obligations contained in Section 5 shall survive
the termination of this Agreement.
14.
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.
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15.
Any cause of action for breach of this Agreement shall be brought in the applicable
Federal Court with jurisdiction to hear the matter. This Agreement shall be governed by
the applicable federal and state laws.
16.
This Agreement shall be binding upon the parties hereto and their successors and
assigns.
17.
This Agreement may be executed in multiple counterparts, each of which shall be
considered an original, but all of which shall constitute one instrument.
18.
THIS AGREEMENT SHALL BE EXPRESSLY SUBJECT TO THE PARTIES'
SOVEREIGN IMMUNITY, TITLE 5 OF THE TEXAS CIVIL PRACTICES AND
REMEDIES CODE AND ALL APPLICABLE FEDERAL AND STATE LAW. THE
PARTIES EXPRESSLY AGREE THAT NO PROVISION OF THIS AGREEMENT IS
IN ANY WAY INTENDED TO CONSTITUTE A WAIVER OF ANY IMMUNITIES
FROM SUIT OR FROM LIABILITY THAT THE PARTIES HAVE BY OPERATION
OF LAW. NOTHING IN THIS AGREEMENT IS INTENDED TO BENEFIT ANY
THIRD PARTY.
[SIGNATURES APPEAR ON FOLLOWING PAGE]
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Revised 12/2022
City:
CITY OF FORT WORTH
Damon ffarroll
By: Dalton Harrell (Nov 11, 2024 10:37 CST)
D.J. Harrell, Director of the
11 %11 %2024s Department
Date:
aF FORr�aa
ATTEST:>
iC,(,� � l� OaaIl nE�p5a4
Jannette Goodall,
City Secretary
Date: 11/11/2024
Licensee:
Tarrant County of Texas
a political subdivision of the State of Texas
V By:
Name: Tim O'Hare
Title: Tarrant County Judge
Date: a0
Approved As To Form and Legality
Hye Won Kim
Assistant City Attorney
Date: 11/11/2024
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.
A'�
Rebecca Owen (Nov 11, 2024 10:36 CST)
Rebecca Owen
Development Services
Date: 11/11/2024
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Tier II ROW Encroachment Agreement
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Revised 12/2022
APPROVED AS TO FORM:
2minal District Attorney's Office*
*By law, the Criminal District Attorney's Office may only approve contracts for its clients. We reviewed this document as to form from our
client's legal perspective. Other parties may not rely on this approval. Instead those parties should seek contract review from independent
counsel.
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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 11 th day of
November 2024.
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
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Revised 12/2022
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ABSTRACT NO. 1289
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COUNTY OF TARRANT, TEXAS
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AREA OF ENCROACHMENT
O.P.R.T.C.T OFFICIAL PUBLIC RECORDS OF
TARRANT COUNTY TEXAS
GENERAL NOTES:
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ENCROACHMENT
120
DETAIL
1. Basis of bearing is the North American Datum of 1983(2011) Epoch 2010.00 based on the
Texas Coordinate System of 1983, North Central Zone (TXNC-4202). Distances shown hereon
are U.S. Survey feet displayed in surface values. Grid adjustment factor is 0.999880014.
2. This survey is issued without the benefit of a current Commitment for Title Insurance and
could be subject to restrictions and/or additional easements not shown hereon.
3. The clouded area depicted indicates the area affected by encroachment.
ENCROACHMENT AGREEMENT
MEN Lff BLOCK 60, ORIGNIAL TOWN OF FORT WORTH
a SITUATED IN THE
2601 MEACHAM BLVD. SUITE 600 ARCHIBALD ROBINSON SURVEY No.1289
FORT WORTH, TX 76137-2720 TEL (817) 847-1422 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
_
TBPELS SURVEYING FIRM #10029607
'2
PROJECT NO: 5267.004
DATE ISSUED: 4/26/2024
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