Loading...
HomeMy WebLinkAboutContract 43390-AD1 Page 1 of 9 CITY SECIZTAN( COMMCT NO. Electronically Recorded Tarrant County Official Public Records 12/2/2013 11.15 AM D213306627 NOTICE OF CO G S: IF YOU ARERGSATURAL PZRSM, YOU MAY REMOVE OR STRIKE ANY Y O� T POV6WING INFORM T O.t FR l`y�''IIN�STRUMENT THAT TRANSFERS AN INTEII�•lIA1�WX1.aF k�OPERTY BEFORE I��ffillb �i. t7RD IN THE PUBLIC R'CORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. X77/p;03-1?P?R IRREVOCABLE ENCROACHMENT LICENSE AGREEMENT THIS IRREVOCABLE ENCROACHMENT LICENSE AGREEMENT (the "Agreement") is made and entered into by and between THE CITY OF FORT WORTII, a home rule municipal corporation of the State of Texas, acting by and through its duly authorized City Manager or duly designated Assistant City \Manager ("City"), and JJE PROPERTIES, LTD., a Texas limited paitiership,acting by aid through its duly authorized general partner("Licensee"). RECITALS WHEREAS, Licensee is the owner of certain real property described as Lot 1 and the East one-half of Lot 6,Block 3, Jennings South Addition, Fort Worth, Tarrant County, 'Texas, commonly kriQWn as 801 W. Vickery, as more frilly described on Exhibit "A" attached hereto, together with any easements, rights of way, licenses, interests, benefits, privileges and rights appurtenant thereto (collectively,the"Property"); and WHEREAS, Licensee became the owner of the Property by virtue of the conveyance consummated under that certain Contract of Sale and Purchase (sale by City of Dort -North) made and entered into by and between City,as Seller, and Licensee, as Buyer; and WHEREAS, at the time Licensee acquired the Property fiom the City, the following matters were pre-existing exceptions raised by Licensee and its title insurer: • Encroachments into public right-of-way of concrete docks and steps over northerly and easterly boundary lines as more fully described on Survey of J.R. Davies, III, R.P.L.S. No. 4368, dated September 26, 2012, a true and correct copy of which is attached hereto as Exhibit `B" (collectively, the "Existing_Encroachments"); and WHEREAS, to accommodate the needs of Licensee, City will allow the Existing Encroachments and certain other encroachments--under the terms and conditions set forth in this Agreement. NOW, TIIE1tEFORE, City and Licensee agree as follows: AGREE-ME NT 1. City, in consideration of the purchase of the Property by Licensee and other good and valuable consideration, and the other covenants and agreernetrts hereinafter contained, to be kept and Irrevocable Encroachment License Agreement 801 W.Vickery Page 1 of 5 performed by Licensee, hereby irrevocably grants permission and a license to Licensee and its successors.and assigns to encroach upon and occupy those portions of City's public riglit-of--way located within twelve feet(1.2') of the boundaries of the Property. Licensee shall also be entitled to construct, install, maintain, repair, and replace further improvements (the "future Encroachments") within such area. Future Encroachments may include, but are not limited to, parking; landscaping; fences, awnings, lighting, irrigation, downspouts, drains, ADA-compliant access facilities, and other similar improvements as Licensee may desire, in compliance with the Charter, Ordinances, and Codes of City. Licensee may expand or otherwise cause the boundary of such area to further infringe in or on the City's public right-of-way beyond the area of land where the Existing Encroacuunents are located as may be reasonably required by licensee to Cully develop, restore, construct, operate; replace, and maintain the Property, provided no such expansions materially interfere with or prohibit the sale and unrestricted use by the public of those public streets known as Lipscomb Street, Jarvis Street, or Vickery Boulevard. Herein, the Existing Encroachments and the Future Encroachments are refeired to collectively as the "Rncroachmcnts". 2. Licensee agrees that City may enter and utilize the public right-of-way areas affected by the Encroachments at an), time lbr the purpose; of repairing, replacing or maintaining existing improvements to its public facilities or utilities necessary for the health, safety and welfare of the public. In doing so, City, at its sole cost and expense, will make reasonable effirrts to minimize any damage to the Encroachments and shall promptly repair or replace same if damaged. City shall not bear any responsibility or liability (other than repair or replacement) for any disruption or other adverse consequences resulting from the Encroachments or City's damage to same. Should it become necessary to remove or alter all or a portion of the Encroachments to repair, replace or maintain existing improvements to City public facilities or utilities, City shall remove and replace, or alter-, the necessary portion of the Encroachments at City's expense. City shall furnish Licensee with at least 30 days written notice if removal or alteration of the Encroachments is deemed necessary by City. However, in an emergency, City shall have the right to immediately remove or alter the Encroac events. In the ease of any damage to the Encroachments by City: (a) Once commenced, all work by City shall be completed as promptly as possible; (b) City shall, il' requested by Licensee, consult and coordinate with Licensee and Licensee's engineers or construction consultants concerning any work to be done by City and Licensee shall have the right to approve the plans and specifications for such work prior to commencement thereof, such approval not to be unreasonably withheld by Licensee; and (e) If City does not promptly repair mid replace damaged Encroachments, as required above, Licensee may perform the necessary repair or replacement, and City shall reimburse Licensee for the actual costs thereof. Irrevocable F neroachment License Agreement 801 W.Vickery Page 2 ors 3. Licensee agrees to pay to City at the time this Agreement is executed a fee in the sum of Fi.ti.y Dollars ($50,01) to pay necessary fees to record this Agreement in its entirety in the deed records of Tarrant County. City acknowledges and agrees that there shall be no further Fees, costs or expenses of any kind required of Licensee or its successors and assigns for the allowance of the Encroachinents in accordance with the tends of this Agreement. 4. Licensee covenants and agrees that it shall operate hereunder as ,ui independent contractor as to all rights and privileges granted hereunder aid 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. fhe 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. Licensee agrees and acknowledges that this Agreement is solely for the purpose of permitting Licensee to maintain the Encroa.cbments over or witbin the described public right-of-way,and not in conveyance of any right, title or interest in or to the public right-of-way. The public rights-of-way.. including any alleys or sidewalks to be used and encroached upon as described herein, are held by City as trustee for the public; City exercises such powers over the public right-of-way as bave been delegated to it by the Constitution of the State of Texas or by the Legislature; and City cannot contract away its duty and its legislative power to control the public right-of-way for the use and benefit of the public. 5. The Parties agree that the duties and obligations contained paragraph Z shall survive the termination of this Agreement. 7. City acknowledges and agrees that Licensee may assign all or any of its rights, privileges or duties under this Agreement without the prior written approval of City (but with written notice to City of the assignment) to any successor or assign of Licensee or any purchaser, grantee, or tenant of[lie Property. It is the intention of the Parties that this Agreement and the rights and obligations described herein shall nun with the land and shall be assumed by any assignee, successor, purchaser or grantee of Licensee or the Property without the prior written approval of City. However, no assignment of this Agreement shall be effective unless and until written notice of such assignment is provided to City. 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. Irrevocable Encroachment License Agreement 801 W.Vickery Page 3 of 5 This agreement shall be binding upon the parties hereto,their respective successors and assigns. k this 26th,day of November ?� l3 EFFECTIVE CITY LICENSEE City of Fart Worth .TJE Properties, I,td. By: Property Company of Fort Worth, T.T.C', its General Partner By. By: -- - Fernal Costa, Natne: M- Asst. City Manager Title: MAM /VFF) ST: Approved As To Form and Legality City Sec ary Assistan ity Attorney STATE OF TEXAS COUNTY OF TARRANT BEFORE lilt:, the undersigned authority, a Notary P lie in and for the State of'Texas, on this day personally appeared -- , known to me to be the person whose name is subscribed to this Irrevocable Eneroachrt»en icense Agreement for 801 W Vickery, acid acknowledged to me that he/she executed the s e far the purposes and consideration therein expressed, as the act and deed of the City of Fo Tv'orth, and in the capacity therein stated. GIVEN CINDER MY 11AND AN ..`EAT. OF OFFICE this day of --- , 20_- Notate Public in and for the State of Texas In-evocable EncroaclunentlAcensc Agreement 801 W. Vickery Page 4 of 5 STATE OY TEYAS COUNTY OF T MANT 13FFORE ME, the undersigned authority, a Notary Public in and liar the State of'Texas, on this day personally appeared J j-4ct -V-4 lc_- , known to nze to be the person whose name is subscribed to this I.rre )icable Encroachment License Agreement for 801 W. Vickery, and acknowledged to me that he/she executed the sank for the purposes and consideration therein expressed, as the act and decd of the Licensee, and in the capacity therein stated. GIVEN UNDER MY HAND AND AL OF OFFICE this I-`" day of MONICA huVrO — Notary Public No ary ublic in rd R)r e State of"Texas state of Texas e� oP Comm, Expires 01-07.2015 Irrevocable Encroachment License Agreement 801 W.Vickery Page 5 of 5 Any cause of action for breach of this Agreement shall be brought in 'Tarrant County, Texas. This Agreement shall be governed by the laws ol'the State of Texas. This agreement shall be binding upon the parties hereto, their respective successors and assigns. NX this 26th day of November , 20 13, EFFECTIVE CITY LICI NSFh'. City of Fort Worth JJE Properties, Ltd, By: Property Company of ' rt Worth, LLC, its General Partner Fernando Costa, Dame: ASST. City Manager Title: __ ., ATTEST: Approved As To Form and Legality t to itv Secretary ssistant City Attorney' 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 je402de)L_ dIS �. known to me to be the person whose name is subscribed to this Irrevocable Encroachment License Agreement for 801 W. Vickery, 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 Dort Worth, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of J —°��--- 20_Z_� r otary Public in and for the State of Texas Tn•evocable Encroachment License Ageement $01 W.Vickery , ,?:".;'•., EVONIA DANIELS Page 4 of 5 L Notary f ufAic,State of texas s My Commission Expires July 10, 2017 Exhibit"A" Description of Property BEING Lot 1 and the East one-half of Lot 6, Block 3 Jennings South Addition, an unrecorded addition, in the City of Fort Worth,Tarrant County,Texas and being a part of a tract described in the Deed to the City of Fort Worth recorded in Volume 15162, Page 132 and Volume 15202, Page 210 of the Deed Records of Tarrant County,Texas(DRTC)and being all of the tract described in the Deed to G. D. Lewis recorded in Volume 11620, Page 752 DRTC,said tract being tied to the Texas Coordinate System, North Central Zone NAD83, bearings are grid, distances are horizontal ground measurements and said tract being more particularly described as follows: BEGINNING at a found 3/4 inch iron pin for the northeast corner of the tract described herein and being at the southwest intersection of West Vickery Boulevard and Lipscomb Street, from which a found `Y' cut in concrete bears N1°40'37"E,7.91 ft.,said Y" being incorrectly described as the northeast corner of the said Lewis Tract as referenced in Volume 15162, Page 132 DRTC; THENCE S1°40'37"W, with the west right-of-way of Lipscomb Street,at 227.3 ft a found reference `Y'cut in the concrete dock, in all 234.30ft to a set 5/8 inch brazed iron pin (5/8BIP) being at the southeast corner of the said Block 3 and being the northwest intersection of Lipscomb Street and Jarvis Street. THENCE N88°19'23"W,with the north line of the said Jarvis Street, 100.00 ft to a set 5/8BIP, THENCE N1°40'37"E, with the line described in the Party Wall Agreement recorded in Volume 2252, Page 290 DRTC, 230.55 ft to a point in the north wall of an existing building and being In the south line of the said West Vickery Blvd., from which a found 100d nail bears NO°28'23"W, 0.80 ft; THENCE N89°31'37"E,with the south line of the said West Vickery Blvd. and being the north line of the said Lewis Deed recorded in Volume 11620, Page 752 DRTC, 100.07 ft to the place of beginning and containing 23,241 square feet of land. EXTIlBrr "B" SURVEY Poe 7 Irsi ;uj 6-Poll R MI 91 of 0 rvy put Mi Olkk­o o, LIPSCOMB STREET wrW ir WIWI 301515 011 Of HAN Um POT thu H" VA