HomeMy WebLinkAboutContract 64019Tier II Easement Encroachment Agreement Page 1 of 11
Revised 12/2022
Date Received: ________________ Record Number: PN25-00011
Time Received: ________________ City Secretary No.: _____________
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 Texas Christian University, a
Texas nonprofit corporation, ("Licensee), acting by and through its duly authorized
representative.
RECITALS
WHEREAS, Licensee is the owner of the real property located at 3033 Cockrell
Avenue, Fort Worth, Texas 76109 (Property), being more particularly described as,
Lot 2R, Block 10, of TCU Addition an addition to the City of Fort Worth, Tarrant
County, Texas, as recorded in Deed Records, by Instrument Number D206265519; and
WHEREAS, the City owns a water and access easement (the Public Property)
adjacent to the Property, dedicated by plat, depicted on the final plat of the property (FS-
24-169), which plat is recorded in the plat records of Tarrant County as Instrument
D225067809; 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 Citys 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 private sewer and a storm drain (the Encroachments).
Upon completion of the Encroachment, Licensee agrees to be responsible for maintaining
Tier II Easement Encroachment Agreement Page 2 of 11
Revised 12/2022
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 Citys 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
Tier II Easement Encroachment Agreement Page 3 of 11
Revised 12/2022
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 Agreement 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 Licensees 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 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.
9.
LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES
HEREBY INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS
Tier II Easement Encroachment Agreement Page 4 of 11
Revised 12/2022
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
$750,000
with the understanding and agreement by Licensee that such insurance amounts may be
revised upward at Citys 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 Licensees 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
Tier II Easement Encroachment Agreement Page 5 of 11
Revised 12/2022
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.
17.
The parties agree that the duties and obligations contained in Section 5 shall
survive the termination of this Agreement.
Tier II Easement Encroachment Agreement Page 6 of 11
Revised 12/2022
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 Citys 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 Licensees 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.
Prior to the end of the term of this Agreement, Licensee may submit a new
encroachment application to the City. The City will not unreasonably withhold or delay
approval of such application provided that the Encroachment follows the then current
City codes and compliance.
20.
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.
21.
This Agreement shall be binding upon the parties hereto and their successors and
assigns.
22.
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 7 of 11
Revised 12/2022
EXECUTED to be effective on the date signed by the Citys Director of
Development Services Department
City:
CITY OF FORT WORTH
By: ___________________________
D. J. Harrell
Director, Development Services Department
Date: ___________________________
ATTEST: Approved As To Form and Legality
______________________ _______________________________
Jannette Goodall, Hye Won Kim
City Secretary 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.
__________________________________________
Kandice Merrick
Development Services Manager
Licensee:
Texas Ch
a Texas n
; 1►�
N
�ti University
rofit corporat'o
William,J unez
Title: Vice Ch ncellor of Finance and Administration
Date: �
�� /;�
STATE OF I e�C �J
COUNTY OFT�I ���
0
0
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
�� , on this day personally appeared William J Nunez, Vice Chancellor of
Finance and Administration (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 therein expressed, as the act and
deed of Texas Christian University, a Texas nonprofit corporation (entity type), and in
the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this �
1 , 2025.
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+ "• " ' O��Y P`BG Notary PuWic, 51ate of taxas
IDlt 7470104
i n
Notary Public in an f01' t1lE a9jFOF<�`+P �oVm be� 1�2, 2027 S
State of �e�.1/��
day of
Tier II Easement Encroachment Agreement Page 8 of 11
Revised l2/?022
Tier II Easement Encroachment Agreement Page 9 of 11
Revised 12/2022
***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
_____________, 2025.
__________________________________
Notary Public in and for the State of Texas
Tier II Easement Encroachment Agreement Page 10 of 11
Revised 12/2022
EXHIBIT A
Depiction and description of the Encroachment
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LEGAL DESCRIPTION
EASEMENT ENCROACHMENTS
BEING a 0.0052 acre (225 square foot) tract of land (TRACT 1), a 0.0034 acre (150 square foot) tract of land
(TRACT 2) and a 0.0034 acre (150 square foot) tract of land (TRACT 3) situated in the M.J. Arocha Survey, Abstract
No. 2, City of Fort Worth, Tarrant County, Texas, said tracts being part of that tract of land described in City
Ordinance No. 27257-10-2024 of the Official Public Records, Tarrant County, Texas; said tracts being more
particularly described as follows:
TRACT 1
COMMENCING at a the northeast corner of Lot 2, Block 10, TCU Addition, an addition to the City of Fort Worth
according to the plat recorded in Instrument No. D207164527 of said Official Public Records; said point being the
northwest corner of that tract of land described in said City Ordinance;
THENCE North 00°22'19" West, along the north line of said City Ordinance tract, a distance of 31.31 feet to a
point;
THENCE South 00°20'04" East, a distance of 36.12 feet to the POINT OF BEGINNING;
THENCE South 00°20'04" East, a distance of 15.00 feet to a point for corner;
THENCE South 89°39'56" West, a distance of 15.00 feet to a point for corner;
THENCE North 00°20'04" West, a distance of 15.00 feet to a point for corner;
THENCE North 89°39'56" East, a distance of 15.00 feet to the POINT OF BEGINNING and containing 225 square
feet or 0.0052 acres of land, more or less.
TRACT 2
COMMENCING at the southeast corner of the above described "TRACT 1";
THENCE South 00°20'04" East, a distance of 39.67 feet to the POINT OF BEGINNING;
THENCE North 89°39'56" East, a distance of 15.00 feet to a point for corner;
THENCE South 00°20'04" East, a distance of 10.00 feet to a point for corner;
THENCE South 89°39'56" West, a distance of 15.00 feet to a point for corner;
THENCE North 00°20'04" West, a distance of 10.00 feet to the POINT OF BEGINNING and containing 150 square
feet or 0.0034 acres of land, more or less.
EASEMENT ENCROACHMENT
M.J. AROCHA SURVEY,
ABSTRACT No. 2
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
TRACT 3
COMMENCING at the southwest corner of the above described "TRACT 2";
THENCE South 00°20'04" East, a distance of 28.81 feet to the POINT OF BEGINNING;
THENCE South 00°20'04" East, a distance of 10.00 feet to a point for corner;
THENCE South 89°39'56" West, a distance of 15.00 feet to a point for corner;
THENCE North 00°20'04" West, a distance of 10.00 feet to a point for corner;
THENCE North 89°39'56" East, a distance of 15.00 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 Zone (4202).
A survey plat of even survey date herewith accompanies this metes & bounds description.
The undersigned, Registered Professional Land Surveyor,
hereby certifies that the foregoing description accurately sets out
the metes and bounds of the encroachments described.
� �.
MICHAEL C. BILLINGSLEY
REGISTERED PROFESSIONAL
LAND SURVEYOR NO. 6558
801 CHERRY STREET,
UNIT 11 SUITE 1300
FORT WORTH, TEXAS 76102
PH. 817-335-6511
michael.billingsley@kimley-horn.com
EASEMENT ENCROACHMENT
M.J. AROCHA SURVEY,
ABSTRACT No. 2
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
LEGEND
P.O.C. = POINT OF COMMENCING
P.O.B. = POINT OF BEGINNING
IRF = IRON ROD FOUND
IRSC =1RON ROD FOUND W/ CAP
STAMPED "KHA"
LOT 18, BLOCK 11 � '
FOREST PARK ADDITION � I
(VOL. 310, PG. 49)
P.O.C.
(TRACT 1)
LOT 2, BLOCK 10 S89°38'07"W 31.31' �
TCU ADDITION � �
(INST. NO. D207164527) �M
w
TEXAS CHRISTIAN UNIVERSITY I
(VOL. 14207, PG. 218)
(INST. No. D206228148) �
(INST. No. D206265519) �
TRACT 1
0.0052 ACRES
225 SQ. FT.
RIGHT-OF-WAY ABANDONED BY
ORDINANCE NO. 27257-10-2024
UTILITY & PUBLIC ACCESS
EASEMENT RETAINED
15' WATER EASEMENT (D225067809)
(BY PLAT) p
(D225067809) P.O.p.
NOTES:
�v
P.O.B. �o
(TRACT 1) I o
�
L4
r
�m
J �
L J
' L2 I
I P.O.C. I
I(TRACT2) I
SO°20'04"E�
� 39.67' �
(TRACT 2)
TRACT 2
0.0034 ACRES
150 SQ. FT.
L5
NORTH
� 15 30
LOT 9, BLOCK 12 GRAPHIC SCALE IN FEET
FOREST PARK ADDITION
(VOL. 310, PG. 49)
TEXAS CHRISTIAN UNIVERSITY
(VOL. 15333, PG. 227)
COCKRELL AVENUE
(A VARIABLE WIDTH RIGHT-OF-WAY)
LOT 8
� TEXAS CHRISTIAN UNIVERSITY
I (VOL. 16590, PG. 3)
�
I I
` � —I
r--�
I
� — — — -
I
� " �
LOT 7
TEXAS
CHRISTIAN UNIVERSITY
(INST. No. D212236237)
�P.O.C. L7 S�— E —
(TRACT 3) 28.81'
�__L�_
MATCH LINE (SEE SHEET 4)
Bearing system based on the Texas Coordinate System of 1983 (2011 adjustment), North Central Zone (4202).
A metes and bounds description of even survey date herewith accompanies this survey plat.
The undersigned, Registered Professional Land Surveyor,
hereby certifies that this survey plat accurately sets out
the metes and bounds of the encroachment tracts.
� ".
MICHAEL C. BILLINGSLEY
REGISTERED PROFESSIONAL
LAND SURVEYOR NO. 6558
801 CHERRY STREET,
UNIT 11 SUITE 1300
FORT WORTH, TEXAS 76102
PH. 817-335-6511
michael.billingsley@kimley-horn.com
EASEMENT ENCROACHMENT
M.J. AROCHA SURVEY,
ABSTRACT No. 2
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
LEGEND
P.O.C. = POINT OF COMMENCING
P.O.B. = POINT OF BEGINNING
IRF = IRON ROD FOUND
IRSC =1RON ROD FOUND W/ CAP
STAMPED "KHA"
MATCH LINE (SEE SHEET 3)
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P.O.B. I
(TRACT 3) SO°20'04"E
L12 � 2a.a��
L11 � LOT 6
rn I
NORTH
� 15 30
GRAPHIC SCALE IN FEET
TRACT 3 J TEXAS CHRISTIAN UNIVERSITY
�.0034 ACRES � L10 I I (VOL. 13753, PG. 66)
150 SQ. FT. � � �
� � — — -
LOT 2, BLOCK 10 � I
TCU ADDITION I I
(INST. NO. D207164527)
TEXAS CHRISTIAN UNIVERSITY I
(VOL. 14207, PG. 218)
(INST. No. D206228148)
(INST. No. D206265519)
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RIGHT-OF-WAY ABANDONED BY I I I
ORDINANCE NO. 27257-10-2024
UTILITY & PUBLIC ACCESS
EASEMENT RETAINED
(D225067809) I I
15' WATER EASEMENT
(BY PLAT)
(D225067809) I I
I I I
LINE TABLE
NO. BEARING LENGTH
L1 S00°20'04"E 15.00'
L2 S89°39'56"W 15.00'
L3 N00°20'04"W 15.00'
L4 N89°39'56"E 15.00'
L5 N89°39'56"E 15.00'
L6 S00°20'04"E 10.00'
L7 S89°39'56"W 15.00'
L8 N00°20'04"W 10.00'
LINE TABLE
NO. BEARING LENGTH
L9 S00°20'04"E 10.00'
L10 S89°39'56"W 15.00'
L11 N00°20'04"W 10.00'
L12 N89°39'56"E 15.00'
LOT 5, BLOCK 12
FOREST PARK ADDITION
� (VOL. 310, PG. 49)
I TEXAS CHRISTIAN UNIVERSITY
(VOL. 12919, PG. 309)
LOT 4, BLOCK 12
� FOREST PARK ADDITION
I (VOL. 310, PG. 49)
TEXAS CHRISTIAN UNIVERSITY
� (INST. No. D214088328)
EASEMENT ENCROACHMENT
M.J. AROCHA SURVEY,
ABSTRACT No. 2
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
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Tier II Easement Encroachment Agreement Page 11 of 11
Revised 12/2022
EXHIBIT B
Certificate of Insurance