HomeMy WebLinkAboutContract 40321 CITY SECRETARy
CONTRACT
EASEMENT ENCROACHMENT LICENSE AGREEMENT
E NT
THIS AGREEMENT is made and entered into by and between THE CITY OF FOR
a home rule municipal corporation of Tarrant County, Texas ("City"),"), acting
by and through its duly authorized City Manager or duly designated Assistant City.
Manager, and Trinity ua1it Housing L.P". , hereinafter referred to as "Licensee 11,owner
of the property located at 8725 Cal ont Avenue Fort Worth Texas ("Property"').
RECITALS
WHEREAS, Licensee is the owner of certain real property described as (Lot 3-R
Block 70 Western dills Addition Section No. 7,f Werth �f�arrant �'"'�nnt Texas,�
an addition to the City of Fort Worth, Tarrant County, Texas as recorded in Volume 388
17 l., Page 13, of the Deed records of "arrant County("Property"); and
REA , the City has a 40 foot and 12.5 fo (P'i. ..line and U,t.i.lity Easement
tint. and raina. e
he "Easement"') in the property as shown on the a
attached to this Agreement as Exhibit"A►." and incorporated herein; and
WHEREAS, Licensee: desires to remove an existing ret,a,ming wall and fence and
construct a new retainin wall and fence in the ' easement and construct a new fence in
the 12. ' easement (the "Encroach me tit") which will encroach onto the City's user-ent
as shown on the attached survey and only to the extent shown thereon- and
WHEREAS, to accommodate the needs of the Licensee, the City will approve
allowing the Encroachment ender the terms and conditions as set forth in this Agreement.
NOW,THEREFORE, t the City and Licensee agree as,follows
AGREEMENT
f.
The City, in consideration, of the payment by the Licensee of the fee set out below and
covenants and agreements hereinafter contained, to be kept and perforl-ed by the
Licensee, .hereby grants permission to the License to encroach upon and occupy a
portion of the City's Easement as described in and at the location shown Exhibit A.
Licensee shall not expand or otherwise cause the Encroachment to farther infringe in or
on the City's Easement beyond what is specifically described in the exhibit(s) attached
hereto.
H 1 j fpii/��Y f%�//%Ofl�
roia
2.
All construction, maintenance and operation in connection with such Encroachment, use
and occupancy shall comply and be performed in strict compliance with the Charter,
Ordinance and Codes, of the City and in accordance with the directions of the Director of
the Water Department of City, or his duty authorized representative. Prior to the
construction of the Encroachment, Licensee shall subiT�it all plans and specifications, to
the Director or his duty authorized representative. Licensee shall not con-Lmcncc
construction of the Encroachment until such approval shall be indicated in writing by the
Director. However,, such approval shall not relieve Licensee of responsibility and liability
for concept,I design and computation in the preparation of such plans and specifications.
3.
Licensee agrees that City may enter and utilize the referenced areas at any time for the
purpose of installing, repairing, replacing or maintaining improvements to its public
facilities or utilities necessary for the health, safety and welfare of the public for any other
public purpose. City shall blear no responsibility or liability for any damage or disruption
or other adverse consequences resulting from of Encroachment installed by Licensee, but
City will make reasonable efforts to, minimize such damage. Should it become necessary
to remove the Encroachment to install, repair, replace or maintain improvements, to City
public facilities or utilities in the Easement, the Licensee shall remove the Encroachment
at the Licensee's expense. The City shall furnish the Licensee with notice if removal of
the Encroachment is deemed necessary by the Water Department. Licensee agrees that
upon request of City, and within 30 days from the date of such request,, to relocate the
Encroachment away from the Easement and to restore the Easement to its original
condition all at the sole cost and expense of Licensee.
2
4.
The Licensee further agrees that City shall have the absolute, right at its discretion to
terminate this license or, refuse to atlow the Licensee to continue to have the
Encroachment over, under or across the Easement if the City determines that the
Easement is being substantially damaged by the Encroachment'. or that the Encroachment
otherwise places an undue burden on the operation of the municipal utility(ies,) system or
in the event the Licensee fails to comply with the provisions of this Agreement. Clity
shall furnish Licensee with notice requiring the removal in a time period as is reasonable
under the circumstances. After receipt of such notice, the Licensee shall thereafter
immediately remove the Encroachment and restore the Easement to the sarne condition as
existed prior to the installation of the Encroachment. In the event the Licensee fails, to
promptly remove the Encroachment and restore the Easement within the time rewired red by
the notice, the City may remove the Encroachment and restore the Easement and assess a
lien on the Property for the costs expended by the City to remove the Encroachment.
5.
Licensee agrees to pay to City at the time this Agreement is executed a fee in the sum of
V--1.
J'wo Hundred and Seventy F ive Dollars ($275.0 to pay necessary fees to record this
Agreement in its entirety in the deed records,of Tarrant County.
6.
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, INCI-,oUDING DEATH,, TO
ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER,
ARISING OUT' OF OR IN CONNECTION WITH, THE CONSTRUCTION,
MAINTENANCE, OCCUPANCY, USE, EXISTENCE OR LOCATION OF SAID
ENCROACHMENTS AND, USES GRANTED HEREUNDER9 WHETHER OR
NOT CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OF
OFFICERS, AGENTS� SERVANTS, EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS LICENSEES, ELECTED OFFICIALS OR INVITEES OF
3
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, AGENJ'S, SERVANTS, EMPLOYEES,
CONTRACTORS,SUBCONTRACTORS,LICENSEES,,OR INVITEES.
7.
Licensee covenants and agrees that it shall operate hereunder as an i.ndcpendent
contractor as to all rights,and privileges granted hereunder and not as ail officer, agent,
servant or employee of City, and Licensee shall,have exclusive control of and the
exclusiive 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,
ernployees, 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.
8.
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 described Easement and in not a conveyance of any right, title or interest in or to the
Easement.
9.
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 attorney's fees.
10.
The parties agree that the duties and obligation contained paragraphs 3 and 4 shall survive
the termination of this Agreement.
4
H.
Licensee covenants, and agrees that it will not assign all or any of its rights,, leges or
duties under this contract without the written approval of City, and any attempted
assignment without such written approval should be void.
12.
Any cause of action for breach of this Agreement shall be brought in 'farm nt County,
Texas., This Agreement shall be governed by the laws of the State of"I"exas.
13.
This,agreement shall be binding upon the parties hereto, their successors and
assigns,.
EXECUTED this day of 20
City Licensee,
Y-no,
I I"M
i k_4L�
City of Fort Worth o.I I
Ik Lk -t% Acl
6-
I+ts, dj,\ermA
•
W,
0-T&a,&S elQ,401,t2
By: By:
Fernando Costa, Name.: Blarbara Holston
Asst. City Manager Title: Vice President
NIO M&C IREQ11JIRE
ATTEST: Approved As To Form and Legality
0
0 0 cc)
0
00.00 1 j YVI i'v"
ftw
lk
5
0 OFFICIAL'I" ECII RD
0
Od
00 11 TY S E C R E R Y
000
TX
City Secretary Assistant City Attorney
STATE OFTEXAS
COUNTY OF TARRANT'
BEFORE ME, the undersigned authority, a Notes-y Public in and for the State of
i ,VAA
Texas, on this day personally appeare< rsej,j,ud - 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 UNDER MY HAND AND SEAL OF OFFICE this day
of TL do 10
20
EV
ONIA OANIFL!-i
---------------------
MY colm
ary Public- in
Pubilic in and for the State of Texas
July 10,2101 t(
A
6
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 )k /3/.VZ L---. .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 cons,ideration therein expressed, as
the act and deed, of the Grantee, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day
of 20--L0--
\N\ ��DA
AW Notary Public in and for the State of Texas,
Opp
000
00
Z
7
i I
I
-- ---
�-
3:
0
---...m •,. co
co
i
C) �
0C)o>I1
ms µ.
1i
9 6
0
E" n< I
z1
;� Ln B
co
1
M � N
k I
^4Ao
�I p
M
M
1
M l
f I/�y�p i�aorror y���ui<g t2ir�1 r� �� RECORIL11.),J)'J''I"u�"� Y�vrr�r � �g1{�%y�7 rl f ��"afu� �� 1/I� �3 l���'�Iht�1L �i +f� „o„Ir y%�o 'J I�Utrxia�//I�Nll�(Il�lir�oi�ui r��ra',f%ai 2'a f ald i�I.),
�� � f�y I�//y C RE”'r���wx,� �rar,'�,��J9/tatvu� v p/rr I Ui6ifi�flu!((..J ' y��/�iF9��k��rtirMal �r,�1��;�9%Nm���"'�
,, �
��i xomN'T ���/�Q R><➢1JOtn K TX
l U�
SCALE: lilt 3+ '
RPGA DESIGN GROUP, INC WIND RIVER APARTMENT DATE:
101 S. EN N I G S, AVE, STE. 1100 FORT WORTH,TEXAS 015-05-10
FT., WORTH TEXAS, 76104
817-332---9477
,.rw
Vi
ra i�Q(¢n.; e!u rl rfrAl�rlW,fltlo»ei rr"�N1k+1 /���rirt ,iiliGir,r�o�ie�r%
y9
r
arm,Iffpl
Uf
is r�,l is✓r��r;X. r»�of ir.�fr isao�,r,��H�4�y9�r$(u�y� dl'1��� ��:'dl I)� �{...
r J/
t/ mif r It i/y f Z— I
' "
fi
/,///�i Al flll 1�11� l,(�// l iii,�li/ r riii r, ✓i iiii�ii//RIIIDIIYAIi/h/l///.1/)111// SVM.'..'His m JL OA O N,3i S '3 V S O,,.N I Y *S LOL
40T A L `3�VO S
ze
W
Z
in r
CA
Lli
C),
N
LLj .
".,. "ip
LL-
CL ',
oo «
,. Or 0�f 4N r,�yy'
ti .r
r.
"`". .,,,..+rte,✓ .,^'".�^"� I� I
Ld
C) LJ Z: Z LLJI 00
0
LJ
I
� i(/)
00 CD LJ F--
0 � �
z
x
Li
w
d`
/
NEE 1 FENCE I k _ /
J
USING FIRE
H)WANT LOCATM
w
EXISTING STORM
A GATE
—
WATER U E
W
NINE HYDRANT
UTIJTY'AC=OATE
NEW 81 FENCE
DOANAa EASMENT
NEW 8 FEN+
PROP. LINE
EXISTING STS' �
WATER UN!NE
NEW 8"FENCE INS 'Ir
PROP. LIN+N
121-61 011(1 TY
DRAINAGE EASEMENT
ry
NEW 8'FENCE+N
PROP. LINE
j ew fOID� r� I(fm rmq ✓ri Ow mAr„
lii/ri f i
i ri/ilia I at
` U�rc�'liminnn�rm�Il ay�u�W,�,mJ�r.�11%
atom am 116,...
il"vc"�'frrrOrl�h.�� roiP9�y�
a r ,airrnorron" Ir {rr JJmiHnr
"�," � f�atunl,eirrrarflNri �7ll i�i�j///�yirnavN�`�Imjl�i U rrrrr)Orvry„q :�
SCALE*- �
RPGA S IG"N GROUP, INC WIND RIVER APARTMENTS
1 S. JENNINGS AVIE, STE. 100 T "'EXAS 05- °-101
FT. WORTH, TEXAS 7
N
cl
40I PIPELINE EASEMENT
it
IRE HYDRANT �
"
VOLUME, 388-171p PAGE
PeRoToC.I.T. cp V 0 L U M E 3 IP41711
E S
SMH
i
ALA... `Y P. S
"#� \1 ,crrT�
w
I
Xa 0 s
0 "
0 z821 ilk 0
BUILDING 1
(TYPE 3) Icv
f
BLDG. HTS
17.
L:J Em
r
T
77' EMI
"
,
I
i
L . V � u B,UILDIN�G 5
17.011 " (TYPE 2
PROPOSE '0'
10 2817 RETAINING
�, A it.101,
(TYPE 3 "
Jcv
I
EXISTING
RETAININ
DRAINAGE EASEMENT
VOLUME 6610, PAGE 5
D.R.T.C.T., SCREEN W I ALIN
5 UTILITY EASEMENT EXISTING 6" CHAD
PROPOSED VOLUME, 388-171 LINK FENCE DUMP- ST
PAGE 13 FENCE V'ArT
,
SIGN
7 w
G,
PROPERTY LINE KGW
Ilk
py,i,nfl/i6
i
i/II (l/rtmr,.
l
5" UT I LI T Y E..A S E M E N
!t Il1 i 0
t�
VOLUME 0 15 30 45 60 51 yf rur e iin
/ (r
PAGE 24
",%nir,%�l
r o
(
,p
I r�It/rmte n/r
1 rP 1
r
w.. rr�P..w.,. �_. 1'.. MI 9M,.,. df, '�k �Ik ! r/,rr�ri j, /%Jl ��/°y�l�r/��r�, irr�/% rni,J...�,��J
�R r/ i f r� 0%l /i ! x111,I,G �..
is of/i r 1?j i Y ri I
J` ai
r
r rim//iOi//1lf lDdl9/O//�
uj
yy14il
IN
WINDRIV'ER APARTMENTS I
mom
F:
FORT WORTH,,, TE,XAS PIPELINIE
400 FOSSIL CREEK BLVD.FORT WORTH,TEXAS 76137(817)647_142 TARRANT C TYv TEXAS EASEMENT
TBP Firm too.F-31
,
h
ERW IN
11016 S, PIPELINE ROAD
EULESS, TEXAS
817-267-16:26
MASONRY STONE RETAINING WALLS
WIND RIVER APARTMENTS
OFF CALMONT DRIVE NEAR WESTWIND CIRCLE
FORT WORTH,, TEXAS
SHEET I TO
RMOTHY^N FALKOF
INAL
0 ff h( Ili A L R E C 0 R D
RY
Cili"TY SECRE"I'l
Oil,
RTH,"T'X
wl i'4
PROJECT, DATE, FE NO
Fm"�FAILKOPSKE ENCINEERING, INE 03-09-1c L30909
1414 Randol Mill Road 09AWN BY
Artinglion, Texas 76012
'
el 14.
prlo I
all
A all
ct Y-or :r-w 1
F I I :r-w/V-0
full—
a�'Rltf�
xx
aj sit
oil
lwl ""I F WORTH "'X
"I RIVER APARTMENTS FALKO,FS,KE ENGINEERING, INC. Al
1014 West Rondo w*11 Road aft TJO
t4
NO� 109092
EXISTING GRADE
BEAK 12"t
1 A, 10-4io
2 STORY BUILDING
BUILDING SURCHARGE 25,(), p,Sf
BUILDING FOUNDATION BY OTHERS
STONE IS TO RE FULLY
MORTARED TOGETHER
TOP
BOTTOM, FRONT AND BACX. FILTER FABRIC ON
TN N OF AND AR01UND
GRAVEL OR ROCK,
POINT ALL FACE STONE JOINTS
FACE STONE
PER OWNER BACK�FACE MAY BE
DiA. WW1 P IRREGULAR,
3"
HOLES 0 8—0* O,C,
PROVIDE ALUMINUM "LEAF CUARD"
cK -` OR GALVANIZED HARDWARE CLOTH' AT
0
01-1 END OF WEP PIPE. CLOTH OPENINGS
FIINI�,HE� GRADE F OF 1/4" TO 3/4" ARE ACCEPTABLE.
SLO E -4H, MAX. 6 CL
ui
mm m
pp
WELL, COMPACTED CLAY
SOIL BELOW WEEP PIPE
IIII AND SHEET DRAIN
B
lf"ONRY WAS SCMCW"
1160,pV #"NW CAPACM(="MAMA"(/#WJnW#0=0 CONMCM0
SWW SM 0"WRAL 0""Mar Alry)
WN pot-MASM 04MCM(SM NrURAL UNDfMRWD SWL$ $Cf CAVAR"Nff"MfOr fff)
WW" Caw x WACfTy
IW 8 91 cl A G
4#-0- 30-4w 4 Of-7- —so 60 15W, 2500 pisf
WALL VSSJCM CAMOIA
DEANM XM TW x0ft WT `ICT� nbCMm SLW of SURCHOAM
04 mwssuft poemint "4"&W WK Of WAU 4
op
14 dog 17 4og
0 dog M dog 307" 99,46 dog 250 psi
USE tHIS SCHEDULE FOR! 1/"2
WALL SECTION UNDIER B�U�ILDING
371
R w,2 4 1 0
...........
C A L E i R
-mg, 1,�p p" omirrm
K I M, 11
.... .........
B1 Al r ~
STONE IS TO BE FULLY
MORTARED TOGETHER TOP,
BOTTOM, FRONT AND BACK,
POINT ALL FACE STONE JOINTS,
FACE STONE
PER OWNER
BACKFACE MAY BE
FINISHED GRADE
SLOPE 1V:4H, MAX.
low TOE am BAT-TER BEARING
HE*W DEPTH(HEEL) CAPACITY
H 131 C1 A
BEARING SLOPE TOP SLOPE BOT ACTW PASSP4 FRWMON SLOPE OF
PRESSURE PRESSURE ANCLE SW l BACK OF WALL
1!500psr 14 dn -30 dog 30 deg 17 deg 99.46 deg
USE THIS SCHEDULE FOR 2/RW2
2 WALL SECTION UNDER BUILDING
RW2 WALLS < 2'-0 3/4
0f 11
ff� Our FVFF lli'C 111 A L R E C R Di
fV(j,(Vr0VjV
FT,WORTH, "T'X
Va
PA
A 0,
Mf
,,.,n.,,,®.................
M A A
Ut [I I,
At�L� WA
J N
➢I
.............. .....
11 T T- ...............
...................
..........
AR
H.
r ..
11 M l II
..m..........
If
OFFICIAL RECORD
fi CITY,!: ECRE"ll
R T TX