HomeMy WebLinkAbout064219 - General - Contract - Branden Smith and Liza SmithD R . d 10/30/2025 ate ece1ve : -------
Time Received: 2:27 p.m. -------
Record Number: PN25-00161
. . 64219 City Secretary No.:'-------
PUBLIC PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMENT
TIERII
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 thr\:mgh it.s duly authorized City Manager, Assistant City Manager, or
Director of the Development Services Department, and Branden Smith and Liza Smith, ,
acting by and through its duly authorized property owners:
RECITALS
WHEREAS, Licensee .is the ownecof the real property located at 2301 Stratford
Court, Fort Worth, Texas. 76103 ("Property''), being more particulatly described as, Lot
8, Block 3, an addition to the City of Fort Worth, Tarrant County, Texas, as recorded in
Deed Records, by Instrument Number D225155443; and
WHEREAS, the City owns a sewer easement (the ''Public Property") adjacent
to the Property, dedicated by plat, depicted on the final plat of the property, which plat is
recorded in the plat records .of Tarrant County in Volume 204-2, Page 80; and
I ( , •
WHEREAS, Licensee desires to construct, ·place, and maintain certain
improvements which will encroach in, on, above, or below the Public Property; and
,_), .. ,,,!:: ; .' •, i ' ,I WHEREASi to accommodatethe 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, .irt consideration of the payment by Licensee of the fee set out below
and covenants and .. agreemehts hereinafter· contained to be kept and performed by
Licensee, hereby granti(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 E�hibit "A," but .only to the extent shown thereon, for the purpose of constructing,
installing, and maintaining a Iron Fence with gate access (the "Encroachment"). Upon
completion of the. En�roachmeqt, Licensee agrees to be responsible for maintaining the
Encroachmerit'withinJhe Public Property. Licensee shall not expand or otherwise cause
,' I, • ' "
Tier II Easement Encroachment Agreement Page 1 of 12
Revised 12/2022
the Encroachment to further infringe in or on the Public Property beyond what is
specifically described in Exhibit "A."
z.
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 Departmeni 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 e�ecution of this Agreement.
3.
Licensee,` at no expense to the City, shall malce 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
Te�as 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 ec�ual 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 terriiination 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, tlie 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
Tier II Easement Encroaclunent Agreenient
Page 2 of 12
Revised 12/2022
to by Licensee that if this Agreement tenninates 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 froin 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 ar
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 Agre�ement 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 continuin� 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, trarismi'ssion 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.
�
LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES
HEREBY' INDEMNIFY; ' HOLD HARIVII.ESS, AND DEFEND CITY, ITS
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, AND ELECTED OFFICIALS
Tier II Easement Encro�clunent Agreeinent Page 3 of 12
Revised 12/2022
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,
WAETHER 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, SUBCONTRAC'i'ORS, LICENSEES; ORINVITEES.
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 oi 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,Od0.00
with the understanding and agreement by Licensee that such insurance amounts may be
revised upward at Cit'y's option and that Licensee shall so revise such amounts
immediately' �ollowing 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
obli�ates 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 resto'ration of the Public Property. All insurance coverage
required herein shall include coverage of all Licensee's contractors and subcontractors.
1L
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 tfiis 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.
��
Tier II Easement Encroaclunent Agreemeirt Page 4 of 12
Revised 12/2022
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,
einployees, 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.
I;icensee 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 Pro�erty, 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 actiori brou�h't by the City £or 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 tennination 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
Tier II Easement Encroaclunent Agreement
Page > of 12
Revised 12/2022
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 obli�ations 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 assi�nment 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
encroacliment'application to tk�e�City. The City will not unreasonably withhold ar 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, Te�as. This Agreement shall be governed by the laws of the State of Texas.
21.
This Agreement shall be bindin� upon the parties hereto and their successors and
assigns.
22.
This Abreement may be executed in multiple counterparts, each of which shall be
considered an origin'al, but all of which shall constitute one instrument.
[SIGNATURES APPEAR ON FOLLOWING PAGE]
Tier II Easement Encroacluneiit 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
D.J. Harrell
Director, Development Services Department
10/29/2025 Date: . • .·
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.
Kandice Merrick:
Development Services Manager
Tier II Easement Encroachment Agreement Page 7 of 12
Revised 12/2022
Licensee:
Property Owner
By: ��, , ,r
�Name: Liza Smith
Title: Property Owner
Date:
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 Liza Smith, Property Owner known to me to be
the person whose name is subscribed to the fore�oin� 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, and in the capacity therein stated.
, ,� ,��s "��
GIVEN j7NDER �MY HAN�D AND� SEAL OF OFFICE this ,��°' day of
� .,�s:� � �- , 2025.
�_
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�� � Notary Public in and for the
State of Texas ,,,�,,.,,,,.,�„
,�,� P�9L DEANNA M SMITH
: o�c NOTARY PU�LIC
STATE OF TEXAS
srq� t�P� MY COMM. EXP. 06/10129
oF NQTARY ID 133051016
Tier II Easein�nt Encroaclunent Agreement
Page 9 of 12
Revised 12/2022
Licensee:
Property Owner
, y,: ,
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By: -. - _ _ -
Name: Branden Smith
Title: 1'roperty Owner
Date: � �
STATE OF TEXAS §
COUNTY ,OF TARRANT §
BEFORE ME, the undersigned authority; a Notary Public in and for the State of
Te�as, on this day personally appeared Branden Smith, Property Owner 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, and in the capacity therein stated.
GIVEN IJNDER MY HAN�D AND SEAL OF OFFICE this �='�� � day of
� ,�=��:� �'� , 2025�.
.
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Notary Public,xn and for the
State of Texas
�.��w„w
2o�r�YPUB� DEANNA M SMITH
NOTARY PUBLIC
� STATE OF TEXAS
'P'9�."pFS�P MY COMM. EXP. 06/10/29
NOTARY ID 133051016
Tier II Easement Encroaclunent Agreement Page 8 of 12
Revised 12/2022
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 acknowled;ed 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 1VIY , HAND AND SEAL OF OFFICE this 29th day of
October 202 5
��C4��'" � . � . T 1 ��
�1 . . ' AUdf9jl l�6e VYa#IsCe
Notary Public�in and �for the`State of Texas ��,.� +�y �ommiss�on �xpira�
r ���������
�� �'� ; t�otary �D�35o8���6
Tier II Basement Encroaclunent Agreement
Page 10 of 12
Revised 12/2022
EXHIBIT A.
Depiction and descr�ption of the Encroachment
Tier II Easement Encroaclunent Agreement
Page 11 of 12
Revised 12/2022
Referonce No�. 2406032301. G.F. No�.�
T�1e Co:
Purchaser
pROPERTY DFSCIiIF+TiON �
L018, Block 3, STRATFORD ADDITION, en Atldilion lo Ihc� Cliy of Fotl Worth. Tarcant Ceunly, Texpe, 3c�adln� lo Ihe pAap cr Blat Ihereof rewtded In Volume 204, page(s) Bp, o( Ihe
Map andlor Plat Recocda, Tarranl Cou�ry, lexaa.
Thia survoy plal was prepored withaillhe bene6l uY a cunent Ii11e r�purt nntl does nol ro0oct oll roallets of recotd aryev�I�ng �hfb propBity. Jnh/ buildi�q lines anU ea�cYnenlS simHn on
lhe Plat o( record are depictCA on Ihis survoy plet
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Notes:
1. Sewer Line shall be located and
marked.
2. Fence Panels shall be centered
ovec- Sevver L'ene to give a�aaximuan
horizontal clearance distance
from Sewer line to Fence Post.
3. Sewer Line is' deep within this
Area (average 15' of cover) but
extreme care should be taken to
avoid placing Post over the Sewer
Line and near any Manhole.
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EXHIBIT B
Certificate of Insurance
Tier II Easement Encroaclunent Agreement Page 12 of 12
Revised 12/2022
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Customer Information
BRANDEN SMITH
LIZA SMITH
2301 STRATFORD CT
FOI2T WORTH, TX 76103-2639
Date Prepared: 09/25/2025
Poluey Pere��: Q�/21/2025 to 08/21/2026
Homeowncrs Policy/l: OY9320292
Agent Information
THE BRIDGES INSURANCB GROUP
1200 SUMMIT AVE STE 502
FORT WORTH, TX 76102-4485
Phone Number: (817) 484-9800
Email: christian.bridges@bridgesinstx.com
Agent #: $30476
PRLMIUM SUMMARY Premium
Primary Coverages - Essential Braad $4,508.00
Other and Optiopal Coverages $59.00
Discounts and Surcharges You Saved $1,050.00 Included
Your rotal policy premium for 12 months is $4,567.00
DWELLING LOCATION
2301 STRATFQRD CT
FORT WORTH, T?C 76.103-2639
PRIMARY COVERAGES
Dwelling Other Structures Personal Property Additional Living personal Liability Medical Payments
Expenses
$510,000 $51,000 $357,0�0 $102,000 $500,000 $5,000
DEDUCTIBLES Amount
Wind Hail Deductible 2% ($10,200)
All Perils Deductible 1 % ($5,100)
Loss Assessment � $500.00
Coverage Form 20
ROOF LOSS SETTLEMENT - COVERAGE A
SettVement Type Year af Ii�stallation Surfacing MIaterial �,oss Percentage
Payment Schedule 2022 ASPHALT 91%
SPECIAL NOTE< The a6ove Roof Loss Settlement information applies to Coverage A only. Roof Structures under
Coverage B are subject to the Roof Surfacing Loss Percenta�e table that will be inc;luded in the policy contract.
Amcrican l:conomy Insurance Company
. 'C�!�115Ui��1�E����
� i ifv ,.._ ?,1uEu:,t �'i�iut�.ut-,�
'lhi> is nul n cunlracl l�ut eonlirnu thnl ihc co��cngcs displuycd nR in cllect.
OTH�R AND OPTIONAL COVERAGCS
Extended Dwelling Coverage
Personal Property Replacement Cost
Building Ordinance or Law Coverage
Sewer & Water Back-Up for Bldg & Contents
Loss Assessment
Foundation Water Damage
Water Seepage or Leakage
Mold Remediation Coverage
Total
DISCOUNTS AND SURCHARGES
Advance Quote Credit
Claim Free Discount
Paid In Full Disco,unt'
Total
Homco�vncrs Policyll: OY9320292
Limit
25°l0
10°l0
1Q,000
5 ,000
10,000
10,000
5,000
Premium
Included
Included
Included
Included
$9.00
$50.00
Included
Included
$59.00
Premium
Included
Included
Included
$1,050.00
('qvcragcs: Inwranic is ;dtiirdcd only liu such covcragcs ��:.�uc indicalcd..by s�xcilic prcmium cfiargcs.
ADDITIONAL INTERESTS
Name: CMG MORTGAGE, INC Interest Type: Mortgage Servicing Agency for Ist Mor[gagee
ISAOA / ATIMA Loan Number: 3000006912
PO BOX 2803
DAYTONA BEACH, I;L 3212U-2803
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Amencan Fconomy Insurance Company