HomeMy WebLinkAboutContract 20420 EASEMENT ENCROACHMENT AGREEMENT UT'
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TARRANT
WHEREAS, Dorothy Jean Hill, formerly known as Dorothy Jean
Keenom (hereinafter referred to as "Owner") , represents that she is
the owner of the real property legally described as Lot 10, Block
1, Bunting' s Addition to Hi-Mount, an addition to the City of Fort
Worth, Tarrant County, Texas, as recorded in Volume 204, Page 42,
of the Deed Records of Tarrant County ("Property") ; and
WHEREAS, the City of Fort Worth has a storm drain easement
(the "Easement") in the Property, as shown on the map attached to
this Agreement as Exhibit "All and incorporated herein; and
WHEREAS, Owner desires to construct a residence and driveway
(the "Encroachment") , which will extend in, on, over or along the
Easement;
NOW, THEREFORE, WITNESSETH:
That Owner hereby covenants and agrees as follows:
1. owner agrees that the Encroachment will comply with all
standards, policies and procedures of the City of Fort Worth
governing design and construction. Prior to the construction of
the Encroachment, Owner shall submit plans and specifications to
the Director of Transportation and Public Works of the City of Fort
Worth (the "Director") . Owner shall not commence construction of
the Encroachment until the Director has indicated to Owner in
writing that he has no objections to said plans and specifications.
ICY SICRI'l"Au"y
F
ITT, Mimi
Any subsequent repair, replacement, expansion or alteration of the
Encroachment must also be submitted to the Director with the plans
and specifications therefor, and the Director must indicate in
writing that he has no objections thereto, prior to the
commencement of such work. Owner hereby releases City from any
responsibility or liability in any way related to the plans and
specifications. In addition, Owner shall indemnify City in
accordance with this Agreement for any responsibility or liability
in any way related to the plans and specifications, asserted
against City by any third party.
2 . Owner shall be solely responsible for maintenance of the
Encroachment. Owner's maintenance of the Encroachment shall at all
times be in compliance with City of Fort Worth standards. Owner
shall assume any liability in any way concerning, related to or
resulting from the Encroachment, either directly or indirectly.
3 . Should it become necessary for City to repair, replace,
maintain, remove, enlarge, expand or otherwise alter in any way its
public facilities or utilities located in, on, under or over the
Easement, City shall not be responsible for any damage or other
adverse consequence resulting therefrom to the Encroachment or to
Owner. Furthermore, Owner shall pay all costs incurred by City
with respect to any necessary demolition or removal of the
Encroachment resulting from or in any way related to City's use or
maintenance of the Easement.
4 . Owner shall indemnify, hold harmless, release and defend
City from and against any and all claims, damages, costs, expenses,
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lawsuits, causes of action, or other adverse consequences related
or in any way pertaining to, directly or indirectly, the design,
construction, use, maintenance, location or existence of the
Encroachment. The foregoing provision shall apply in any event to
the acts or omissions of Owner or any third party and shall include
but not be limited to, any claims, damages, costs, expenses"
lawsuits, causes of action or other adverse consequences, as
described in said provision, resulting from the negligence of the
City of Fort Worth. In addition, Owner hereby waives any right to
assert any claims, damages, costs, expenses, lawsuits, causes of
action or other adverse consequences against city resulting from or
related in any way to this Agreement.
5. In the event that the Encroachment is destroyed or
damaged by fire, flood, or any other cause, its replacement or
reconstruction shall be the sole responsibility of owner, and all
costs for said replacement or reconstruction shall be paid by owner
and it shall be reconstructed according to plans and specifications
approved by City.
6. Owner covenants, agrees and acknowledges that this
Agreement is solely for the purpose of permitting Owner to con-
struct, maintain and locate the Encroachment over or within the
described Easement and is not a conveyance of any right, title or
interest in or to the Easement.
7 . Owner covenants, agrees and acknowledges that City has
the right to terminate this Agreement and the privileges granted
hereunder, at any time, by notifying Owner or its agent in writing
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of its intent to terminate same. owner covenants and agrees that
in the event this Agreement is terminated for any reason Owner
shall immediately remove Encroachment and, should Owner fail to
remove same, City shall have the right to remove same. City shall
incur no liability as a result of such removal, and owner hereby
releases City and holds it harmless from any such liability. All
charges incurred by city in connection with such removal shall be
borne by Owner and shall constitute a lien against the Property.
Said lien shall be perfected by filing an affidavit in the Deed
Records of Tarrant County, Texas, specifying the amount of the
lien.
8. Owner and City mutually covenant and agree that City,
acting by and through its duly authorized agents, officers,
servants or employees, shall have at any and all times the full and
unrestricted right to enter owner' s property for the purpose of
examining and inspecting the Encroachment and its appurtenances to
determine the compliance by owner with its obligations hereunder.
9. Neither this Agreement nor any part thereof shall be
assigned by either party without the prior written consent of the
other party, and such assignment without such prior written consent
shall constitute a breach of this Agreement and shall be grounds
for termination of same.
10. Owner shall operate hereunder as an independent contrac-
tor and not as an officer, agent, servant or employee of City.
Owner shall have exclusive control of and the exclusive right to
control the details of the work and services performed hereunder,
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and all persons performing same, and shall be solely responsible
for the acts and omissions of its officers, agents, servants,
employees, representatives and independent contractors. The
doctrine of respondeat superior shall not apply as between city and
Owner and nothing herein shall be construed as creating a
partnership or joint enterprise between City and Owner.
11. Owner agrees to deposit with the City of Fort Worth when
this Agreement is executed a sufficient sum of money to be used to
pay necessary fees to record this 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.
12 . In any action brought by City for the enforcement of the
obligations of Owner, City shall be entitled to recover its court
costs, expenses and reasonable attorney's fees from Owner.
13 . 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.
14 . Any notices required hereunder shall be effective as of
the date they are deposited in the United States mail, certified,
return receipt requested. The notices shall be effective when
addressed as follows, provided the party mailing the notice has not
received written notification of a change in same:
TO OWNER: Dorothy Jean Hill
1313 Belle Place
Fort Worth, Texas
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TO CITY: City of Fort Worth
Attn: Transportation/Public Works Director
1000 Throckmorton
Fort Worth, Texas 76102
15. The failure or inaction by City in enforcing any of its
rights or privileges hereunder shall not constitute a waiver of
City's ability to subsequently enforce such rights or privileges.
16 . The covenants and agreements set forth herein shall
constitute a servitude upon and shall run with the land and be
binding upon owner and successors in interest to the Property.
17. The term "Owner" as used herein shall mean Owner and
shall include the heirs, successors and assigns of Owner, as well
as its agents, servants, employees, representatives and independent
contractors. This provision shall not alter in any way the
requirements of Paragraph 10 herein. The term "Owner" shall
include anyone claiming ownership of the Property, in possession
thereof, the record title holder and/or the legal title holder.
18. The term "City" as used herein shall include the agents,
representatives, servants, employees and independent contractors of
the City of Fort Worth.
19 . Should any portion of this Agreement be determined to be
illegal, unconstitutional or otherwise unenforceable, the remaining
portions of the Agreement shall continue in force and remain
effective and shall be construed consistently with the originally
intended purposes of the Agreement.
20. This Agreement may be amended by written amendment
executed by both parties hereto. This Agreement and any subsequent
written amendments shall constitute the entire agreement of the
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parties and shall supersede any prior or contemporaneous oral or
written agreements pertaining to the subject matter contained
herein. /
EXECUTED this day of 19
ATTEST: - CITY OF FORT WORT
e4�e �. r
By:
City Secretary Name
Title:
APPROVED AS TO FORM AND LEGALITY:
Assistant City At t4rney
OWNER:
ATTEST: Dorothy Jean Hill
Y`
Printed N
Date
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STATE OF TEXAS S
COUNTY OF TARRANT S
BEFORE ME, the undersigned authority, a Notary Public in and
for e Staff� of Texas, on this day personally appeared
known to me to be the person whose name
is subscribed to the foregoing instrument, and acknowledged to me
that the same was the act of the City of Fort Worth and that he/she
executed the same as the act of the said City of Fort Worth for the
purposes and consideration therein expressed and in the capacity
therein stated.
GAVEN UNDER MY D SEAL OF OFFICE this day of
19"
72 d ORIA Rfl
ELF IA M
NOTARY PUBLIC
State of Texas
No ary Public in and for
car ems/{ Comm. EXP,07-16-96 the State of Texas
STATE 0
COUNTY OF tAAaC,�S
BEFORE ME, the undersigned authority, a Notary Public in and
for the State of on this day personally appeared
known to me to be the person whose name
is subsciiped to the foregoing instrument, and acknowledged to me
that he/she executed the same for the purposes and consideration
therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 117 'e4 day of
1 19 C/
0
SHIRLEY MOUSER
Notary Public
STATE.OF TEXAS otaryy PubliCo fn and for
my cem.F'v")-M",111/97
the Sta te o f ,
LOT 10, BLOCK I BLNTING'S ADDITION TO HI-MOUNT, an Additiono to the City of Fort
Worth, rarrant �Iunty, Texas, according to the Plat recorded in volume 204, Page 42,
Plat Records, Tarrant County, Texas.
ADDRESS: 1313 Belle Place.
Correct as surveyed on the gorund in April, 1994. The corners were marked as shown on
survey, there are no encroach-rents or protrusions except as shown.
This lot is not located in a federally designated 100 year flood plain according to
CcmTunity Panel 4484339C 0149G, dated 1-6-1993.
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WENDELL HANCOCX 834-e243 a ............•.. 5015 D'MC STAKES1
t- 1326 1721 HALTOM ROAD -T-E ------- U71LIT-Y LINE
FORT WORTH, TEXAS 76117 ,S......• SANITARY SEWER
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DESIGN
A. DESIGN LIVE LOADS
FLOOR 40 PSF
MATERIALS
A. ALL CONCRETE DESIGN IS IN ACCORDANCF, WITH ACI 318-89 .
CONCRETE SHALL ATTAIN A MINIMUM 28-DAY COMPRESSIVE
STRENGTH OF 3 ,000 PSI . CONCRETE SHALL HAVE A MAXIMUM
OF 5--INCH SLUMP. ALL CONCRETE SHALL BE DJORMAL WEIGHT
UNLESS NOTED ON THE PLANS.
REINFORCING STEEL
A. ALL REINFORCING STEEL SHALL BE NEW STOCK, DEFORMED
BARS, CONFORMING TO A.S.T.M. A-613, GRADE 60, EXCEPT
STIRRUPS SHALL 0E GRADE 40,
B, ALL BARS SHALL BE FREE OF LOOSE, FLAKY RUST AND SCALE,
GREASE OR OTHER MATERIAL WHICH MIGHT AFFECT OR IMPAIR
BOND.
C. DO NOT WELD, UNLESS SPECIAL APPROVAL IS OBTAINED.
D. CONCRETE STRUCTURAL MEMBERS SHALL NOT BE STRIPPED UNTIL
THE CONCRETE HAS REACHED ITS DESIGN STRENGTH.
E. ALL BENDS ARE TO BE MADE COLD.
DRILLED PIERS
A. PIER DESIGN IS BASED ON AN ALLOWABLE VALUE OF 15,000
POUNDS PER SQUARE FOOT IN END BEARING AND 1 ,000 POUNDS
PER SQUARE FOOT SIDE FRICTION TO BE VERIFIED BY THE
CONTRACTOR.
B. DRILLED UNDERGROUND FOOTINGS SHALL RE FOUNDED A MINIMUM
OF 12 FEET BELOW EXISTING GRADE. A MINIMUM OF 5'-0"
PENETRATION INTO THE SEARING STRATA WHICH HAS A MINIMUM
SIDE FRICTION CAPACITY 1 ,000 PSF IS REQUIRED.
C. THE BOTTOM OF THE PIER HOLES SHALL BE SMOOTH, DRY AND
FREE OF ALL LOOSE MATERIAL BEFORE POURING CONCRETE.
D. THE CONTRACTOR SHALL VERIFY THE DEPTH OF THE PIER PRIOR
TO CUTTING THE PIeR REINFORCING CAGES. PIER STEEL
SHALL BE DELIVERED TO THE JOB SITE IN STANDARD 20 FOOT
LENGTHS AND CUT AS REQUIRED. THIRTY BAR DIAMETER LAPS
WILL BE ALLOWED IN THE PIER STEEL (UNLESS NOTED
OTHERWISE IN THE SCHEDULE) IN NO MORE THAN 50 PEFICENT 1It!fAZEQFI
OF THE BARS ARE 1,APPED IN ANY 8 FOOT LENGTH OF THE PI i$
CAGE. 1*y�.•••�.,. •�s Y�
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E. FLIERS SHALL BE REINFORCED AND POURED WITH CONCRETE NC+`��i J RAL 0 W.K
LONGER THAN 12 HOURS AFTER DRILLING IS COMPLETED. o 49 6 ;`
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JERALD W. KUNKEL
CONSULTING ENGINEERS, INC.
1170 CORPORATE DRIVE, SUITE 210
ARLINGTON, TEXAS 76006
METRO(817)640-3811 • FAX(817)649-1545
June 28, 1,994
Harold Barber
475 Wedgefield
Granbury, Texas 76048
Re:
Residence @
1.313 Bell Place
Lot 10, Block I
Bunting's Addition to Hi-Mont
Ft. Worth, Texas
JWK Project No. 94277
Dear Mr. Barber:
To clarify modified portion of the above referenced project which
we previously submitted to you, if constructed in accordance with
the attached sketches, the 32 foot long portion of the perimeter
grade beam is supported by the existing pier at one end and by a
cantilevered grade beam at the mid-section and a cantilevered
beam at the opposite end. Once the concrete has attained its
design strength, the 32 foot long section of the grade beam will
not apply a surcharge load to the soil directly below.
We trust this information will be of assistance to you.
Regards,
g
OF
+^f.ERALE)W. KUNKEL
Jerald W. Kunkel , M.S.C.E. ,P.E. 40961
Jerald W. Kunkel Consulting Engineers, Inc. #Jr%t.4 c,"
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JWK/dsr