HomeMy WebLinkAboutContract 62531Date Received : 12/30/24
Time Received: 1 0 :00 AM
Record Number: PN24-00205
City Secretary No.: 62S3l PUBLIC PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMENT TJERJJ 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 Dustin Addotta and Phoeviney Addotta, property owners ("Licensee"). RECITALS WHEREAS, Licensee is the owner of the real property located at 1936 Angein Lane, Fort Worth, Texas 76131 ("Property"), being more particularly described as, Lot 9, Block 2, of Parr Trust, an addition to the City of Fort Worth, Tarrant County, Texas, as recorded in Deed Records, by Instrument Number DZl 8275120; and WHEREAS, the City owns or/and has an interest in a public utility easement (the "Public Property") adjacent to the Property, dedicated by plat, depicted on the final plat of the property (FP-14-031), which plat is recorded in the plat records of Tammt County as Instrument D2150561145; and WHEREAS, Licensee desires to construct, place, and maintain certain improvements which will encroach in, on, above, or below the Public Property; and WHEREAS Licensee has received consent from the other franchise utility companies to construct, place, and maintain the improvements within the public utility easement; 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: Tier II Easement Encroachment Agreement Page l of 13
Updated 2024
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
on Exhibit "A," but only to the extent shown thereon, for the purpose of constructing,
installing, and maintaining a fence (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, maintenance, and operation of the Encroachment
and the use or occupancy of the Public Property shall comply with and be perfortned 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. Licensee has received
the approval and consent of certain franchise utility companies and such consents are
attached hereto as Exhibit "B." Licensee agrees that it shall secure the approval and
consent of all other 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 Deparhnent, 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
Tier II Easement Encroachment Agreement Page 2 of ] 3
Updated 2024
improvernents 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.
�
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 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 Agreernent is requested an
application fee in the sum of One Thousand Twelve Dollars and Fifty Cents
(�1012.50). -
7.
The term of this Agreement shall be for thirty (30) 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 oi City may
Tier II Easement Encroachment �Agreement Page 3 of 13
Updated 2024
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.
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 HIND 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 T�IE
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 TN CONNECTION WITH TAE
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
homeowner insurance policy for the property 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
$300,000.00
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
Tier II Easement Encroachment Agreement Yage 4 of 13
Updated 2024
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.
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, 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 herPunder 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, 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.
Tier lI Easement Encroachment Agreement Page 5 of 13
Updated 2024
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.
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 II �asement Encroachment Agreeinent Page 6 of 13
Updated 2024
EXECUTED to be effective on the date signed by the City's Director of
Development Services Department
City:
CITY OF FORT WORTH
By: Dalton Harr:11,a:,ec 26, 202413:37 CST)
D.J. Harrell
Director, Development Services Department
Date: Dec 26, 202 4
ATTEST:
Jannette Goodall,
City Secretary
Approved As To Form and Legality
Hye Won Kim
Assistant City Attorney
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 Owen (Dec 20, 202414:50 CST)
Rebecca Owen
Development Services Manager
Tier II Easement Encroachment Agreement Page 7 of 13
Updated 2024
Licensee:
Narne: Dustin Addotta
Title: Property Owner
Date: 1 c� f 1`4 , o� �
STATE OF �'(��e_y, �5
COUNTY OF `e rr,ar�
ti
�
�..s�.—.� - -
�Pa.Y Pue MICHEA`�✓HITMAN
x `n Notary ID kt 33753703
,���P My Commission Expires
'� pF �+ May 10, 2026
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
\�C� , on this day personally appeared ��,�g,�� 'j- P��,���'h� f4r,Pc�o�-�-�'+
(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 consici;;.;:,.:,�n therein expressed, as the act and deed ,:;
Ci c�F F ,. a
therein stated.
(entity type), and in the capacity
GIVEN UNDER MY HAND AND SEAL OF OFFICE this � day of
�P��j�r , 2024.
Notary Public in and for the
State of � ��A�
'Tier II Easement Encroacl�ment Agreement
Page 8 of l3
Upda�ted 2024
/
i"
By: ' /
Name: Phoeviney Addotta
Title: Property Owner
Date: J�� ��- 2�
STATE OF �2-�C2.,�
COUNTY OF'��rv�e,�,.�t'
0
�
.a�.s..a.+►+�'er.�.�..M
*Pr v�e MICHEAWHITMAN
x� ��� Notary ID #133753 ��es
h My Comm10� 2026p
'a��' ov'�� May
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
�e��_, on this day personally appeared �l,t��i v� �- ( hoe 4,'„ ��p�b��
(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 �:.�,;: ;;�n expressed, as the act and deed of
C� � ,� a (entity type), and in the capacity
therem stated.
GIVEN iJNDER MY HAND AND SEAL OF OFFICE this �� day of
�IM �JPJ,. , 2024.
Notary Public in and for the
State of ���(l,�/�
`1'ier II Easement Encroachment Agreement Page 9 of 13
Updated 2024
Tier II Easement Encroachment Agreement Page 10 of 13
Updated 2024
***THIS PAGE FOR CITY OF FORT WORTH OFFICE USE ONLY***
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_____day of
_____________, 2024.
__________________________________
Notary Public in and for the State of Texas
EXHIBIT A
Depiction and description of the Encroachment
Tier II �asement Encroachment Agreement Page 11 of 13
Updated 2024
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EXHIBIT B
Franchise Utility Letters
Tier II Easement Encroachment Agreement Page 12 of 13
Updated 2024
-
.--�TMOS
energy
Novembec 25, 2024
Dustin Addota
193 6 Angein
Fort Worth, Texas 76131
Re: Encro�chment into U'tility Easement-1936 Angein
�pr�n ynur r�qu�st I h�ve reviewed the lac�tiion of the gas �acilities near
y�ur pr�j�ct site, Attllos does nat object tio the enc��oachme�Yt loc�tied at the
���operty listed �bav�, Vei�ification of the gas line can be obtaineci through
811 Call B�for� Ya�z Dig. Any dama�e� to Atmos facilitie� due to such
�11CI�o�chment will b� billed tn tl�e party c�using the damage.
I�'you have aary qtiestions, ple�se contact me at 214-549-7144.
Sin.cerely,
��;.� `,�.,�v .�
Bnbb ,��ney
Project Manager
Atmos Energy Cor��or�lion
IOO 1Ves1 Momingside
�ort 11'onh,'Pcsas 7GI 10
12/6/24, 11:03 PM
.
2024-69641936 Angein Ln - UE Encroachment
Betancur, Ally <Allysa.Betancur@oncor.com>
To: Dustin Addotta <dustinaddotta@gmail.com>
Good afternoon Dustin,
The field team has come back and the only notes they provided were
Fri, Dec 6, 2024 at 8:37 AM
"Our recommendation is for the customer to contact 811, as long as the primary line is not directly under the existing
fence line it will be ok."
Based off of this conclusion. Oncor has no objections to the proposed fence within this utility
easement.
B�st,
VI `I�r I\w
�
�, Ally M. Betancur � Right of Way Analyst
Oncor Electric Delivery Company LLC
Distribuuon En�,�neering
777 Main Street Suite 707 � Fort Worth, TX 76102
Supervisor � margaret.lein@oncor.com
O: (817) 215.5301 � allysa.Uetancur@oncor.com
From: Dustin Addotta <dustinaddotta@gmail.com>
Sent: Tuesday, December 3, 2024 10:49 AM
To: Betancur, Ally <Allysa.Betancur@oncor.com>
Subject: Re: 2024-6964 1936 Angein Ln - UE Encroachment
" .,,:.:3, �� , .I .� �.{.ii'I�i., l '�_:'�,� .'�..'r�„ .�;...'..:�. .... �.I. . ,�..I I .. _ _...�.. �.. .. I_ .
Gmail - 2024-6964 1936 Angein Ln - UE Encroachment
Dustin Addotta <dustinaddotta@gmail.com>
https://mail.google.com/mail/u/0/?ik=54772c5292&view=pt&search=all&permmsgid=msg-f:1817702142475222034&dsqt=l &simpl=msg-f:1817702142... 1 /3
Spectrum�
December 13,2024
Dustin Addotta
1936 Angein Ln, Fort Worth, TX 76131
815-721-1837
SUBJECT: Encroachment at 1936 Angein Ln, Fort Worth, TX 76131
Spectrum Communications herebygrants an encroachmentforthe purpose of building into
portion of the Utility Easement associated with the property located at1936 Angein Ln, Fort
Worth, TX 76131 Spectrum Communications reserves the right to have access to any other
applicable utility easements on the property for the purpose of future construction or
maintenance. The owner and/or lessee of said property may also be responsible for the
relocation/removal of any structure interfering with access to these easements, if necessary.
Spectrum Communications currently has facilities within this easement. If it has not already
taken place, please call 1-800-DIG-TESS to have facilities marked and located within affected
easernents before any excavations are started.
For f��:±iure � eference, please send all utility coordination, abans;unrnents, encroachments, plat
signatures, or serviceability requests, or notices of relocation to DL-NTX-External-Requests <DL-
NTX-External-Requests@charter.com>. Please share this information with whoever needs
these services.
Sincerely,
�.� . � , ► r
/
Charter
.� �� �
Jessie Acevedo� Business Development Specialist �(C) 469 595-3004
1565 Chenault St, Dallas TX ,75228
� at&t
December 16, 2024
�
Tarrant County —1936 Angein Lane, Fort Worth, Texas
Parr Trust Addition, Block 2, Lot 9
10-ft Utility Easement Encroachment Request
AT&T Texas
Melissa McElyea
117 W Columbia St
Weatherford, TX 76086
In response to the request for the encroachment on a portion of the 10-ft utility easement along
the east side of the property, Southwestern Bell Telephone Company, d/b/a AT&T Texas, has no
objections to the requested encroachment for a fence as shown on the attached sketch.
Plat found in Tarrant County Clerk Files Recorded in Document No. D215084226.
It is not the intent of this letter to waive any rights granted to AT&T in the easement or right-of-
way except to permit this encroachment. AT&T shall continue to have unrestricted access to, on
and across the easement/right-of-way for installation, repairs, replacement,, or upgrades to
facilities. - �
There are currently underground facilities within the area. Exercise extreme caution with respect
to such facilities. Contact Texas811 for underground locates before any digging is done. Costs
of any damages to facilities would be at your expense.
Please let me know if you have any questions.
Sincerely,
�lJ�,o.t,�ma lI���U.u�ea'
Melissa McElyea
AT&T — Manager Engineering — Right-of-Way
817-718-4055
ms2841 @att.com
EXHIBIT C
Certificate of Insurance
Tier II Easement Encroachment Agreement Page 13 of 13
Updated 2024
Progressive Home, by Homesite
Issued by HOMESITE INSURANCE COMPANY
P.O. Box 5300
Binghamton, NY 13902-9953
Tel. (866) 960-8609 Fax (877) 273-2984
Insured Name and Mailing Address:
DUSTIN ADDOTTA
PHOEVINEY ADDOTTA
1936 Angein Ln
Fort Worth, TX 76131-1059
Evidence of /nsurance For Policy
Number 42144814
This policy covers the listed location(s) from:
12:01 AM November 26, 2024 through
12:01 AM November 26, 2025 (local time)
Send payment to:
PO Box 1409
NEWARK, NJ 07101-1409
Insured Location
1936 Angein Ln Fort Worth, TX 761 31-1 059
Residence: Primary home
Deductible: $5000
Wind/Hail Deductible: 2% ($10620.00)
Coverage Limit
Section I - Property
A. Dwelling
B. Other Structures
C. Personal Properry
D. Loss of Use
$531,000
$53,100
$265,500
$159,300
Section II - Liability
E. Personal Liability
F. Medical Payments to Others
Total Policy Premium
Total Amount Due
$300,000
$5,000
Total Amount Paid
*Please note that installment fees are not included in these totals and vary by payment plan option.
First Mortgagee
Loan Number:1202300524
SUNWEST MORTGAGE COMPANY INC
18000 STUDEBAKER RD
CERRITOS, CA 90703-
$3415.00
$3415 �0
*�o.00
Notes:
H03 — Homeowners
HH D1 06 CW 11 14 Page 1 of 2
The Coverage A Dwelling amount is based on replacement cost as described in the policy. Certain exceptions
apply. Please review your policy for further details.
All information and representations herein are subject to the policy terms and conditions. Coverage is
contingent upon receipt of the initial payment of premium prior to the effective date of the policy.
y--- _ �-�,--�_-
Authorized Representative Date October 30, 2024
This evidence of property insurance is issued as a matter of information only and confers no
rights upon the certificate holder. This evidence of property insurance does not amend, extend
or alter the coverage afforded by the policy above.
HH D1 06 CW 11 14 Page 2 of 2