HomeMy WebLinkAbout024936 - General - Contract - Micah D. Cowan and Audrey R. Edwards CowanCONSENT AGREEMENT
(HOMEOWNER)
STATE OF TEXAS §
COUNTY OF TARRANT §
CITY SECRETARY ,t� c� 3 (�
CONTRACT NO.
THIS AGREEMENT is made and entered into by and between the City
of Fort Worth, a municipal- corporation of Tarrant County, Texas,
acting herein by and through its duly authorized City Manager or duly
designated Assistant City Manager, hereinafter referred to as the
4
City", and `QRc\ Qrc
hereinafter referred to as "Grantee".
WITNESSETH:
1.
For and in consideration of the payment by Grantee of the
application charge set out below and the true and faithful performance
of the mutual covenants herein contained, City hereby grants to
Grantee permission to encroach upon, use and occupy portions of the
space under, on and/or above the streets, alleys, sidewalks and other
public rights -of -way as follows:
c.
The location and description of said encroachment is more particularly
described in Exhibit "A", attached hereto, incorporated herein and
made a part hereof for all purposes.
C OTY C Y
liT. X
2.
All construction, maintenance and operation in connection with
such encroachment, use and occupancy shall be performed in strict
compliance with the Charter, Ordinances and Codes of the City and in
accordance with the directions of. the Director. of Transportation and
Public Works. of City, or hisduly authorized representative. All'
plans and specifications therefor shall be subject .to the prior
written approval of the Director of Transportation and Public Works,
or his duly authorized representative, but such approval shall not
relieve Grantee of responsibility and liability for concept, design
and computation in the preparation of such plans .and specifications.
3.
Upon completion of construction and thereafter', there shall be' no
encroachments in, under, on or above the surface area of the streets,
alleys, sidewalks and other -public rights -of -way involved, except as
described herein and shown on the hereinabove referred to Exhibit "A".
4.
Grantee, at no expense to City, shall make proper provision for
the relocation and/or installation of any existing or future utilities
affected by such encroachment use and occupancy, including the
securing of approval and consent from the utility companies and- the
appropriate agencies of the State and its political subdivisions. In
the event that any installation, reinstallation, relocation or repair
of any existing or future utility or improvements owned by,
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
CONSENT AGREEMENT Page 2
such encroachment and use, Grantee shall pay to City -an additional
amount equal to such additional cost as determined by the Director of
Transportation and Public Works of the City, or his duly authorized
representative.
5.
City mayenterand utilize the referenced areas at any- time for
the purpose of installing or maintaining improvements necessary for
the health, safety and welfare of the public or for any other public
purpose. In this regard, City shall bear no responsibility or
liability for damage or disruption of improvements installed by
Grantee or its successors, but City will make reasonable efforts to
minimize such damage.
6.
In order to defray all costs of inspection and supervision which
City has incurred or might incur as a result of the construction or
maintenance of the encroachments and uses provided for by this
agreement, Grantee agrees to pay to City at the time this agreement is
executed an application charge in the sum
Dollars ($_ ) .
7.
The initial term of this agreement shall be thirty (30) years,
commencing on the date this agreement is executed.
Upon the termination of this agreement for any reason whatsoever,
Grantee shall, at the option of City and at no expense to City,
restore the public right-of-way and adjacent supporting structures to
CONSENT AGREEMENT Page 3
a condition' acceptable to the Director of Transporta-tion and Public
Works, or his duly authorized representative, and in accordance with
then existing City specifications.
9.
It is further understood and agreed between the parties hereto
that the City streets, alleys, sidewalks and other public rights -of -
way, including the portions of such streets, alleys, sidewalks and
other public rights -of -way to be used and encroached upon as described
herein, are held by City as trustee for the public; that City
exercises such powers over the streets, as have been delegated to it by
the Constitution of the State .of Texas or by the Legislature; and that
City cannot contract away its duty and its legislative power to
control the streets for the'use and benefit of the public. It is
accordingly agreed that if the governing body of City, to wit,' its
City Council, should at any time during the term hereof determine in
its sole discretion to use or cause or permit the said portions of the
streets, alleys, sidewalks and other public rights -of -way 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, then this
agreement shall be automatically canceled and terminated.
10.
Grantee understands and agrees that the granting of any
encroachment hereunder is not meant to convey to Grantee any right to
use or occupy property in which a third party may have an interest,
CONSENT AGREEMENT Page 4
and Grantee agrees that it will obtain all necessary permission before
occupying such property.
11.
Grantee agrees to comply . fully with all applicable federal, state
and local laws, statutes, ordinances, codes or regulations in
connection with the construction, operation and maintenance of said
encroachments and uses.
12-.
Grantee agrees to pay promptly when due all fees, taxes or
rentals provided for by this agreement orby any federal, state or
local statute, law or regulation.
13.
Grantee 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;
that Grantee 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; that the doctrine of
respondeat superior shall not apply as between City and Grantee, its
officers, agents, servants, employees, contractors and subcontractors,
and nothing herein shall be construed as creating a partnership or
joint enterprise between City and Grantee.
CONSENT AGREEMENT Page 5
14.
Grantee covenants and agrees to indemnify, and does hereby
indemnify, hold harmless and defend City, its officers, agents,
servants and employees, 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 said encroachment and uses granted hereunder, whether.
or not caused, in whole or in part, by alleged negligence of officers,
agents, servants, employees, contractors, subcontractors, licensees or
invitees of City; and •Grantee hereby assumes all liability and
responsibility for such claims or suits. Grantee 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 any and' all acts or omissions of Grantee, its
officers, agents, servants, employees, contractors, subcontractors,
licensees, invitees, or trespassers.
15.
Grantee agrees to furnish City with a Certificate of Insurance,
naming City as certificate holder, as proof that it has secured and
paid for a policy of insurance covering all public risks related to
the proposed use and occupancy of the insured's owned or leased
property and which does not exclude the public property as located and
described in Exhibit "A". The amounts of such insurance shall be not
less than the following:
CONSENT AGREEMENT Page 6
Property damage, per occurrence . $100,000
Bodily injury, per person $250,000
Bodily injury or death, per occurrence $500,000
or such insurance may be maintained at the combined single limit of
$500,000 per occurrence with the understanding of and agreement by
Grantee that such insurance amounts shall be revised upward at City's
option and that Grantee shall so revise such amounts immediately
following notice to Grantee of such requirement. Such insurance.
policy shall provide that it cannot be canceled or amended without at
least ten (10) days' prior written notice to the Building Official of
the City of Fort Worth. A copy of such Certificate of Insurance is
attached as Exhibit "B". Grantee agrees to submit a similar
Certificate of Insurance annually to City on the anniversary date of -
the execution of this agreement.
Grantee agrees, binds and obligates itself, its successors and
assigns, to maintain and' keep in force such insurance at all times
during the term of this agreement and until the removal of all
encroachments. All insurance coverage required herein shall include
coverage of all Grantee's contractors or Grantee shall require its
contractors to obtain and provide proof of liability insurance in such
amounts as herein required of Grantee.
At any. time during the term of this Agreement, the absence of the
City's expressed request for documentation'of required insurance shall
not release Grantee from its obligation to maintain same as stated
herein.
CONSENT AGREEMENT Page 7
16.
Grantee agrees to deposit with City when this agreement is
executed a sufficient sum of money to be used to pay necessary fees to
record this Consent Agreement in its entirety in the deed records of
Tarrant County, Texas. After being so recorded, the original hereof
shall be returned to the City Secretary of the City of Fort Worth,
Texas.
17.
In any action brought by City for the enforcement of the
obligations of Grantee, City shall be entitled to recover interest and
reasonable attorney's fees.
18.
Grantee covenants and agrees that it will not assign all or any
of its rights, privileges or duties under this contract without the
prior written approval of City, and any attempted assignment without
such prior written approval shall be void.
19.
This agreement shall be binding upon the parties hereto, their
successors and assigns.
EXECUTED this /' day of , 19'.
CITY,QF FOR W TB GRANTOR GRANTEE
By:
Mike %roomer, [Asst. City Mgr.
CONSENT AGREEMENT Page 8
ATTEST:
City Secretay
APPROVED AS TO FORM AND LEGALITY:
d*f City Attorney
Date:
iQcxwiipcL
Contract Author zation
Date
CONSENT AGREEMENT Page 9
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
_Mike Groomer , known to• me to be the person whose name is
subscribed to the foregoing. instrument, and acknowledged to me that
he/she 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 UNDR MY HAND AND SEAL OF OFFICE this. day of
19.
TThlo OIQ/LLl
Notary Public and r
the State of T x s
SARAH JANE OD{M
State state of
PUBLIC
of Texas
of<t � . Exp. 0i-29-2002
CONSENT AGREEMENT
Page 10
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 M�<<_GL\
, known to me to be the person
whose name is subscribed to the foregoing instrument, and acknowledged
to me that _he/she executed the same for the purposes and consideration
therein expressed, as the act and deed of
therein stated. and in the capacity
GINDER DER MY HAND AND SEAL OF OFFICE this day of
19.
Notary Public in any for
the State of Texas
CONSENT AGREEMENT
Page 11
N\\rSCO 'lo 1)
Reference No: 5657 G. F. No: 141401390
Title Co: METROPLEX TITLE COMPANY AD
Mortgage Co: CENDANT MORTGAGE NY
Owner COWAN
PROPERTY DESCRIPTION
Lot 10. Block 1, OAKLAND PARK HEIGHTS. an Addition to the City of Fort Worth, Tarrant County. Texas, according to the plat recorded In Volume
1012. Page 409. Plat Records. Tarrant County. Texas.
SAVE AND EXCEPT that portion of Lot 10. Block 1, conveyed In Warranty Deed recorded In Volume 9580. Page 150, Deed Records, Tarrant County,
Texas. and being more particularly described as follows:
BEGINNING at a "X" set in a concrete drive for the Northeast corner of said Lot 10. Block 1. of said,OAKLAND PARK HEIGHTS Addition, said "X" being
in the West Right of Way line of Lake Shore Drive:
THENCE South 85 degrees 29 minutes 08 seconds West along the North line of said Lot 10 a distance of 83 0 feet to a set 518 inch iron rod:
THENCE North 89 degrees 36 minutes 28 seconds East a distance of 83.06 feet to a set "X" In concrete in the West Right of Way line of Lake Shore
Drive, said rod beginning a curve to the left with a central angle of 00 degrees t 9 minutes 36 seconds and a chord bearing of North 03 degrees 01
minutes 00 5 onds West a distance of 5.97 feet:
THENCE alo g said curve to left a distance of 6.0 feet to the PLACE OF BEGINNING.
1016" LOT 9
/ I 1012 / 409
Se t~CQ
RR FND I/2"IR
IiSE 3/6"IR
MEAS. N O0° O9' O61' W - 84.0'
14' unurr eswr Mo+z, /4o_y._ ___ __ _•_ _.
METAL BLDG.OH WOOD 10 r4oOVERHEAD UTILITIES
Nm BRICK O
^^ccpp((!! W JN o ho SCALEI"3O'
=
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1012 / 409
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F- DECK
3 m 2S LOT! I
d o, 1012 / 409
g Q 19.3' 9.9 6.6' N
k Jw ' I / Co
I I. BRICK a FRAME _
RESIDENCE
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11
SAVE a
EXCEPT
(CONTROL)
FND I/t' l R
1 2.8'x S.B'CONC. CON RETE
8ET'X'IN .CONCRETE
c3 to METER BOX CONC.
\r SET 'X' •'.. 100.0
Y IN CONC.
R = 1052.10'
FC/FC Lr94.O'
(o 2aw) 1632 • LAKE SHORE DRIVE
NOTE, SOUTH SIDE OF HOUSE IS OVER THE IS' BL 9.9'
locateda-it zero, _w 48439C 0291 H r specs ThIfined
property is ���•`t ;�
located la tone ,�rh c IS NOT n the OU year special flood hazard area.
SURVEYORS CERTIFICATION A.l A 11
1, WILLIAMIN MOSS, REGISTERED PROFESSIONAL LAND SURVEYOR. HEREBY CERTIFY THAT r �\
Tills SURVEY WAS MADE ON THE GROUND UNDER MY SUPERVISION AND CORRECTLY SHOWS
111E BOUNDARY LINE, AND DIMENSIONS Of THE LAND INDICATED THEREON, A14D THAT SAID
PROPERTY HAS ACCESS TO AND FROM A DEDICATED ROADWAY, SAID PROPERTY BEING SUBJECT "'.•0••F , f r
TO ANY AND ALL EASEMENTS, RESERVATIONS AND RESTRICTIONS THAT MAY SE OF RECORD
TIME ABOVE FLOOD STATEMENT IS BASED ON THE MAP PANEL SIIOW11, AND WHILE 11115 SURVEY
tiny Mr11 11YMN Tilt Se nerelry rn alt Ill 0140•M VC•n ven,., C. nnn „••nn •nom. ..... ...... i•� A:h
All ®
You're in good hands.
Home Office
Northbrook, IL
ALLSTATE TEXAS LLOYD'S
TEXAS
HOMEOWNERS
TIER 3
Calendar Date: 04/12/1999
Policy Number: 216962399 11 / 23
Insured : MICAH COWAN & AUDREY EDWARDS-COWAN
Address : 1632 LAKE SHORE DR
City : FT WORTH St.: TX Zip Code: 76103
Home Phone No.: 817 - 425 - 4184
ADD MORTGAGEE/THIRD PARTY
Interested Party
Loan Number:
Name : CITY OF FT WORTH TEX
Address: 1000 THROCKMORTON
City : FT WORTH St.: TX Zip Code: 76102
ADD/CHANGE SECTION I AND II COVERAGES LIMITS
Personal Liability Protection - each occurrence $500000
Medical Payments to Others - each person $1000
ADD REMARKS
REQUIRED BY CITY OF FT WORTH DUE TO AN EASEMENT. AGENT HAS
COPY OF INFORMATION FROM CITY.
Conditions respecting Binder - Such insurance as may be bound by this service
request:
1. is afforded in reliance by the Company on the statements made by the
Insured;
2. shall be effective on the date, and at the time stated, but in no event
sooner than such date and time;
3. is subject to the terms, exclusions and conditions of the Company's
policy form, and of the forms and endorsements approved for use with
such policy;
4. is limited to a period of thirty (30) days, beginning with the effective
date hereof and expires at 12:01 A.M. Standard Time with respect to the
designated property insurance policy on the last day of such limited
period; provided, however, that the Company may sooner terminate such
insurance by mailing to the Insured, at the address stated, written
notice of rejection of this Service Request.
24 _ldour a 'Lhacy Service
Page 1 of More2--
Allstate®
You're in good hands.
Home Office
Northbrook, IL
ALLSTATE TEXAS LLOYD'S
TEXAS
HOMEOWNERS
TIER 3
Calendar Date: 04/12/1999
Policy Number: 216962399 11 / 23
This request is subject to policy terms and is effective only if the policy
noted above is currently in force.
Pol'cyholder's Signature
's Signature
ER vice a�e�,�
Effective 02 : 21 PM 04 / 12 / 1999
623335 434 817-468-3066
Agent # Location Agent's Phone #
2y'Jjour a 2ar1 Service
Page 2 of 2
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