HomeMy WebLinkAboutContract 63321Date Received: 5/23/2025
Time Received: 9 :48 a.m.
Record Number: PN24-00138
City Secretary No.: 63321
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 KLLB AIV LLC, a Delaware
limited liability company ("Licensee"), acting by and through its duly authorized
representative.
RECITALS
WHEREAS, Licensee is the owner of the real property located at 9120 Boat Club
Road, Fort Worth, Texas 76179 ("Property"), being more particularly described as,
Tract 1 (Northpointe West) being a 300.148 acres tract of land situated in the D.F.
McCarty Survey, Abstract No. 1079, the J. Simmons Survey, Abstract No. 1486, and the
Benjamin Thomas Survey, Abstract No. 1497, City of Fort Worth, Tarrant County, as
recorded in Deed Records, by Instrument Number D222052099, in Tarrant County,
Texas; and
WHEREAS, the City owns a permanent sewer line facility (the "Public
Property") adjacent to the Property, dedicated to the City in an easement recorded in the
deed records of Tarrant County by Instrument Number D221090356; 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
on Exhibit "A," but only to the extent shown thereon, for the purpose of constructing,
Tier II Easement Encroachment Agreement OFFICIAL RECORD Page 1 of 12
CITY SECRETARY Revised 12/2022
FT. WORTH, TX
installing, and maintaining two retaining walls (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 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
Tier II Easement Encroachment Agreement Page 2 of 12
Revised 12/2022
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 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 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; provided, however, that if Licensee does not timely cure the
noncompliance, the City shall so notify Property Owner and Property Owner shall have
an additional thirty (30) days after such notice to cure the noncompliance on Licensee's
behalf. 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 12
Revised 12/2022
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 II Easement Encroachment Agreement Page 4 of 12
Revised 12/2022
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 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 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, 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 II Easement Encroachment Agreement Page 5 of 12
Revised 12/2022
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. 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.
assigns.
20.
This Agreement shall be binding upon the parties hereto and their successors and
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 Easement Encroachment Agreement Page 6 of 12
Revised 12/2022
EXECUTED to be effective on the date signed by the City's Director of Development
Services Department.
City:
CITY OF FORT WORTH
By: Dalton Harrell-vlay 22, 2025 14:45 CDT)
D. J. Harrell
Director, Development Services Department
Date:
ATTEST:
Jannette Goodall,
City Secretary
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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.
ka�
Kandice Merrick
Development Services Manager
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Tier II Easement Encroachment Agreement Page 7 of 12
Revised 12/2022
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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.
May
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 23rd day of
, 2025.
Notary Public in and for the State of Texas 0aY
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Tier II Easement Encroachment Agreement Page S of 12
Revised 12/2022
Licensee
KLLB AIV LLC
a Delaware limited liability c pany
By:
Name: Ed Hadley
Title: Authorized Signatory
Date: May 13, 2025
STATE OF ARIZONA §
COUNTY OF MARICOPA . §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Arizona , on this day personally appeared Ed Hadley Authorized
Signatory 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 KLLB AIV LLC a
Delaware limited liability company, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 13th
May , 2025.
G-N.�
Notary Public in and for the
State of Arizona
.AAJE GILLETT
WtarY Ptft - State of Arizona
MARICOPA COUNTY
Commission # 635441
Expires August 06, 2026
day of
Tier II Easement Encroachment Agreement Page 10 of 12
Revised 12/2022
EXHIBIT A
Depiction and description of the Encroachment
Tier II Easement Encroachment Agreement Page 10 of 12
Revised 12/2022
VICINITY MAP
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MAPSCO NO. 32F
COUNCIL DISTRICT NO.7 WA Engineering, Inc.
IPRC RECORD NO. 24 - 0027 3017 W.7th Street
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Foh, Texas 76107
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Phone 469.621.0710
FRN - F-1386
EXHIBIT "A"
RETAINING WALL MAINTENANCE AND ENCROACHMENT AGREEMENT
BEING 0.054 ACRES OF LAND SITUATED IN THE BENJAMIN THOMAS SURVEY, ABSTRACT NO. 1497, CITY
OF FORT WORTH, TARRANT COUNTY, TEXAS, AND BEING A PORTION OF THAT TRACT OF LAND
DESCRIBED TO KLLB AIV LLC BY DEED RECORDED IN COUNTY CLERK FILE NO. D222052099, OFFICIAL
PUBLIC RECORDS, TARRANT COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES
AND BOUNDS AS FOLLOWS:
BEGINNING AT A POINT WITHIN SAID KLLB AIV LLC TRACT, FROM WHICH A CONCRETE MONUMENT
FOUND FOR THE NORTHEAST CORNER OF SAME TRACT ON THE WEST LINE OF A TRACT OF LAND
DESCRIBED TO TEXAS ELECTRIC SERVICE COMPANY BY DEED RECORDED IN VOLUME 2642, PAGE 373 OF
SAID OFFICIAL PUBLIC RECORDS BEARS NORTH 01°37'28" EAST, A DISTANCE OF 2054.77 FEET AND
FROM SAID CORNER, A MAG-NAIL FOUND FOR THE SOUTHEAST CORNER OF SAID KLLB AIV LLC TRACT
BEARS SOUTH 00°13'48" WEST, A DISTANCE OF 4841.63 FEET;
THENCE OVER AND ACROSS SAID KLLB AIV LLC TRACT, THE FOLLOWING COURSES AND DISTANCES:
SOUTH 00013'48" WEST, A DISTANCE OF 235.00 FEET;
NORTH 89646'12" WEST, A DISTANCE OF 10.00 FEET;
NORTH 00°13'48" EAST, A DISTANCE OF 235.00 FEET;
SOUTH 89.46'12" EAST, A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING AND
CONTAINING A CALCULATED AREA OF 0.054 ACRES (2,350 SQ. FEET) OF LAND.
Aaron C. Brown, R.P.L.S.
Registered Professional Land Surveyor
Texas Registration No. 6702 � .. ° F ... jF
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Page 1 of 2
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April 29, 2024
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EXHIBIT "A"
RETAINING WALL MAINTENANCE AND ENCROACHMENT AGREEMENT
BEING 0.036 ACRES OF LAND SITUATED IN THE BENJAMIN THOMAS SURVEY, ABSTRACT NO. 1497, CITY
OF FORT WORTH, TARRANT COUNTY, TEXAS, AND BEING A PORTION OF THAT TRACT OF LAND
DESCRIBED TO KLLB AIV LLC BY DEED RECORDED IN COUNTY CLERK FILE NO. D222052099, OFFICIAL
PUBLIC RECORDS, TARRANT COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES
AND BOUNDS AS FOLLOWS:
BEGINNING AT A POINT WITHIN SAID KLLB AIV LLC TRACT, FROM WHICH A CONCRETE MONUMENT
FOUND FOR THE NORTHEAST CORNER OF SAME TRACT ON THE WEST LINE OF A TRACT OF LAND
DESCRIBED TO TEXAS ELECTRIC SERVICE COMPANY BY DEED RECORDED IN VOLUME 2642, PAGE 373 OF
SAID OFFICIAL PUBLIC RECORDS BEARS NORTH 01°25'34" EAST, A DISTANCE OF 2395.33 FEET AND
FROM SAID CORNER, A MAG-NAIL FOUND FOR THE SOUTHEAST CORNER OF SAID KLLB AIV LLC TRACT
BEARS SOUTH 00°13'48" WEST, A DISTANCE OF 4841.63 FEET;
THENCE OVER AND ACROSS SAID KLLB AIV LLC TRACT, THE FOLLOWING COURSES AND DISTANCES:
SOUTH 00013'48" WEST, A DISTANCE OF 155.65 FEET;
NORTH 89046'12" WEST, A DISTANCE OF 10.00 FEET;
NORTH 00°13'48" EAST, A DISTANCE OF 155.65 FEET;
SOUTH 89°46'12" EAST, A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING AND
CONTAINING A CALCULATED AREA OF 0.036 ACRES (1,557 SQ. FEET) OF LAND.
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Page 1 of 2
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April 29, 2024
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THE BEARING BASIS IS GRID NORTH, TEXAS STATE PLANE COORDINATE SYSTEM, NORTH CENTRAL ZONE. NAD83 7-
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THE RESULT OF
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DATE: 04/29/2024 EXHIBIT "All
PAGE 2
DRWN BY: S.A.T. RETAINING WALL MAINTENANCE AND LJA Surveying, Inc.
ENCROACHMENT AGREEMENT 3017 West 7th Street
Phone 682.747.0800
OF 2
CHKD BY: A.C.B. SITUATED IN THE Suite 300
PROJ NO. 0204 BENJAMIN THOMAS SURVEY, ABSTRACT NO.1497 Fart Worth, Texas 76107 T.B.P.E.L.S. Firm No.10194382
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
40.0' SEWER FACILITY I I
EASEMENT I
C.C.# D221090356
O.P.R.T.C.T. I
I
FLEMING RANCH I
(80' ROW) i
I °
RETAINING WALL I °
ENCROACHMENT --�---
AREA
' D
50.0' PIPELINE AND
ACCESS EASEMENT 1 _
C.C.# D220334415 l °
O.P.R.T.C.T I
1
1/
� sEMENrr-
PROP PUBLIC 30" RCP
NORTHPOINTE WEST
PHASE 1A
CPN 104830
F(1f0�NG R l
LEGEND
K////A ENCROACHMENT AREA
RETAINING WALL
'I
I
I
I
I
I
I
17.1' l
I
3~
/I'A0111;
0 25 50
FEET
0
r1
POTE`JTIALLY
JURISCICTIONAL
WATERS
' 100—YR o
ULTIMATE
FLOODPLAIN
ICALLED 20.153
ACRES TESCO VOL.
/
6996, PG. 1585
D.R.T.C.T
0
POTENTIALLY
JURISDICTIONAL
WETLANDS
o
EX 10" ATMOS
I
GAS LINE _
I0
14 EXISTING PUBLIC
8" SANITARY SEWER
PIONEER POINT
PHASE 2
X-26649
CITY PROJECT
NO. 102768
FID NO. 30114-0200431-102768—EO7685
r%olj
1 11
1 1
ENCROACHMENT 2
RETAINING WALL ENCROACHMENT
NORTHPOINTE WEST PHASE IA
UA En Ineering, Inc. L IA
6060 North �ntral EVressway Phone 469.621.0710
Suite 400
Dallas, Texas 75206 FRN - F-1386
FLEMING RANCH
ROW (80- ROW) ROW
SEWER I PIPELINE AND
1 23' FACILITY ACCESS I
-B EASEMENT EASEMENT _ j
EXIS'
GR
PROPOSED
GRADE
RETAINING
{
WALL
i�
0
N
ONCOR
OFFSITE
cV '
EXISTING
8" SAN I
FL=729.82
APPROX.
10" ATM OS GAS
FL=725.21
ENCROACHMENT 2
RETAINING WALL ENCROACHMENT
NOLJA En�RTHPOINTE WEST PHASE 1A
6060 North Centre" Expre gwe, c• �� Phone �
Sub400
Dallas, Texas 75206 FRN - F-1386
EXHIBIT B
Certificate of Insurance
Tier II Easement Encroachment Agreement Page 10 of 12
Revised 12/2022