Tate Addition (Lot 2, Block 1) - Encroachment and Maintenance Agreement ORIGINAL DOCUMENT
iJ CITY OF SOUTHLAKE
Coui icil Action: Y Ord ./Res. No.
Date Approved 0 - 1 9 - t.2- 1 31 3 -
ENCROACHMENT AND MAINTENANCE AGREEMENT
This Agreement is made and entered into by and between the City of Southlake,
a home rule municipal corporation in Tarrant County, Texas, acting herein by and
through its duly authorized representative, hereinafter referred to as "the City," and The
Estates of J.R. Tate and Kathryn Tate, Robert Anthony "Tony" Tate, individually and
as independent executor of the estates of J.R. Tate and Kathryn Tate, John
Michael Tate, and Sundie Kay Johnson, hereinafter collectively referred to as
"Grantee," Grantee being the owner of that certain single - family residential real property
located at 2465 N White Chapel Blvd , Southlake, Texas, more particularly
described as Lot 2, Block 1 of the Tate Addition to the City of Southlake, hereinafter
referred to as "Grantee's Lot ").
TERMS AND PROVISIONS
1. The City owns the Department of Public Safety Property and certain park
property, hereinafter referred to as "City Property", which property is more particularly
described as Lot 1, Block 1 of the DPS Addition to the City of Southlake and Lot 1,
Block 1 of the North Park Addition to the City of Southlake. However, engineering
considerations have required that the City locate the fence and wall separating the City
Property from Grantee's Lot, hereinafter referred to as "the DPS fence," approximately
four feet inside the City Property boundary line, as depicted on the survey or drawing
attached hereto as Exhibit A, attached hereto and incorporated herein. For and in
consideration of Grantee's true and faithful performance of the covenants herein
contained, the City grants to Grantee permission to fence in, encroach upon, use and
occupy the four -foot long strip of the City Property adjacent to Grantee's Lot between
Grantee's property line and the DPS fence, hereinafter referred to as "the
"Encroachment Area," for uses consistent with Grantee's use of Grantee's Lot subject to
the limitations stated herein. Should Grantee choose to fence in the Encroachment
Area, Grantee shall do so using fencing consistent with the fences located on Grantee's
Lot.
2. Grantee shall maintain the landscaping located in the Encroachment Area
in compliance with the Ordinances and Codes of the City, and in a condition similar to
Grantee's Lot, including maintaining grass, landscaping, mowing and edging.
3. The parties agree that Grantee shall not be entitled to any other or further
encroachments in, under, on, or above the property of the City, including its streets,
public rights -of -way and parks, without prior written consent of the City.
4. Grantee shall not construct or permit the installation of any improvements
on or in the Encroachment Area, including any utilities, with the exception that Grantee,
to the extent necessary to comply with the other provisions of this Agreement, may (but
shall not be obligated to) install sprinkler system improvements in the Encroachment
Area, if reasonably necessary to irrigate the Encroachment Area, consistent with those
sprinkler system improvements installed in Grantee's Lot. Any such installation shall be
at no expense to the City, and Grantee shall be solely responsible not only for the
installation and maintenance of such sprinkler system improvements, and for the costs
of any grass, other plants, water, fertilizer and other supplies and equipment necessary
to maintain and irrigate the Encroachment Area.
5. Any work or activities conducted by Grantee in the Encroachment Area
shall be done in such a manner as to avoid damage to the DPS fence and any other
City improvements. Grantee shall notify the City if Grantee becomes aware of any
structural damage or deterioration to the DPS fence.
6. During the term of this Agreement, the City may enter and utilize the
Encroachment Area at any time for the purpose of maintaining the DPS wall, or for
installing or maintaining improvements necessary for the health, safety and welfare of
the public or for any other public purpose, and in this regard, the City shall bear no
responsibility for liability for damage or disruption of improvements installed by Grantee
or its successors, but the City will make reasonable efforts to minimize such damage.
7. The initial term of this Agreement shall be thirty (30) years, commencing
on the date this Agreement is fully executed, subject to termination as provided
elsewhere herein.
8. Each signatory agrees that Grantee's rights, duties, obligations and
liabilities herein set forth shall be covenants running with the land, and that each and
every signatory, and each and every signatory's heirs, successors and assigns, shall be
bound by the terms and conditions of this Agreement. In the event Grantee sells
Grantee's Lot, Grantee shall promptly notify the City of such sale and the name of the
purchaser.
9. Upon the termination of this Agreement for any reason whatsoever,
Grantee shall, at the option of the City and at no expense to the City, remove all of
Grantee's improvements located in the Encroachment Area.
10. In the event the City elects to terminate this Agreement as provided in
Paragraph 11, and such termination is without cause, the City will give Grantee ninety
(90) days advance written notice of the City's intent to terminate this Agreement and to
utilize the Encroachment Area. Grantee shall remove any improvements in the
Encroachment Area permitted by this Agreement within such time period. The City will
make reasonable efforts to avoid interfering with Grantee's use of the Encroachment
Area until such time period has expired unless approved by Grantee.
11. Grantee acknowledges that the City's property which Grantee is hereby
granted permission to use and encroach upon, are held by the City for the benefit of the
public; that the City exercises such powers over such public property as have been
delegated to it by the Constitution of the State of Texas or by the Legislature; and that
the City cannot contract away its duty and its legislative power to control such property
for the use and benefit of the public. It is accordingly agreed that if the City Council of
the City should, at any time during the term hereof, determine, in its sole discretion, that
Page 2
there is a need for the use of the Encroachment Area for any public purpose, including
utilities, DPS purposes or other recreational facilities or any other public purpose,
whether presently contemplated or not, then the City may unilaterally terminate this
Agreement, with or without cause, upon a majority vote of the City Council. Such
termination shall be effective immediately if the termination is for cause, or at the end of
the notice period referred to herein, if the termination is without cause.
12. Grantee understands and agrees that the granting of permission for any
encroachment hereunder is not meant to convey to Grantee any right to use or occupy
property other than or in excess of the contemplated encroachment purposes, or to
extend to a third party except as expressly permitted herein, regardless of whether
Grantee attempts to assign or transfer any rights under this Agreement to such third
party.
13. 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 any improvements located in the Encroachment Area.
14. 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 the 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; and that the doctrine of respondeat superior shall not apply as between the
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 the City and Grantee.
15. Each Grantee, jointly and severally, indemnifies and holds the City, its
officers, agents and employees harmless from any liability or loss resulting arising out of
or in connection with Grantee's occupancy and /or use of the encroachment area, and
the construction, maintenance, and operation by Grantees of any improvements located
in the encroachment area.
17. Grantee consents to the recordation of this Agreement in the deed
records. After being so recorded, the original hereof shall be returned to the City
Secretary of the City.
18. This action is fully performable in Tarrant County, Texas, and should any
action, at law or in equity, arise out of the terms of this Agreement or on account of
Grantee's maintaining the encroachments described herein, venue for said action shall
be in Tarrant County, Texas, and the substantive laws of the state of Texas, without
regard to its choice of law rules, shall apply.
Page 3
19. All notices, demands, requests or replies provided for or permitted by this
Agreement shall be in writing and shall be deemed delivered when to the addresses
stated below by any one of the following methods: (1) by personal delivery; (2) by
deposit with the United States Postal Service by certified, return receipt requested,
postage prepaid; (3) by prepaid telegram, or (4) by deposit with an overnight express
delivery service.
To the City:
City of Southlake
ATTN: City Manager
1400 Main Street
Southlake, Texas 76092
To Each Grantee:
Dr. Michael Tate
914 San Saba
Southlake, Texas 76092
Mr. Robert Anthony Tate
2455 N. White Chapel
Southlake, Texas 76092
Ms. Sundie Kay Johnson
903 Oak Cliff
Grapevine, Texas 76051
20. This Agreement and the exhibits incorporated and attached hereto
constitute the entire agreement between the City and Grantee for the uses granted. All
other agreements, promises and representations with respect thereto, unless contained
in this Agreement, are expressly revoked, as it is the intention of the parties to provide
for a complete understanding, within the provisions of this document, and the exhibits
incorporated and attached hereto, of the terms, conditions, promises, and covenants
relating to Grantee's use of the Encroachment Area.
21. The unenforceability, invalidity, or illegality of any provision of this
Agreement shall not render the other provisions unenforceable, invalid, or illegal.
22. No waiver of any covenant or condition or of the breach of any covenant
or condition of this Agreement shall be taken to constitute a waiver of any subsequent
breach of the covenant or condition nor to justify or authorize the nonobservance on any
other occasion of the same or any other covenant or condition hereof. It is expressly
understood that if at any time Grantee is in default in any of its conditions or covenants
hereunder, the failure on the part of the City to promptly avail itself of said rights and
Page 4
remedies which the City may have, will not be considered a waiver on the part of the
City, but the City may at any time avail itself of said rights or remedies or elect to
terminate this Agreement on account of said default, unless expressly provided
otherwise herein.
23. This Agreement shall be construed neutrally and not more strictly against
either party.
24. There are no intended third -party beneficiaries to this Agreement, except
those described in paragraphs 8 and 15.
25. Nothing in this Agreement shall be construed as a waiver of the City's
governmental immunity, or of any applicable limitation on damages, or any other legal
protection or defense or privilege of the City, except to the extent expressly provided or
necessarily implied otherwise herein.
26. The parties may execute this Agreement in one or more counterparts,
each of which shall be an original, and which together shall constitute one instrument.
27. By execution of this Agreement, each signatory acknowledges that
they have read this Agreement, that such signatory understands it, and that each
such signatory jointly and severally represents that the signatories to this
Agreement collectively own all right, title and interest in Grantee's Lot.
Executed this 6 day of W \ acd—, , 2013.
l s�
ATTEST: ,••'' % 0v - ;gig'`-., CITY OF SOUTHLAKE, TEXAS, Grantor
15 By
Alicia Richardson, €i.Sec'- ry The Honorable Jo n Terrell, Mayor
* **
Page 5
GRANTEES:
Executed this A? day of March, 2013.
,„,/, , Grantee
Robert Antho "Ton(y" Tate, individually
and as Independent Executor
ACKNOWLEDGEMENT AND VERIFICATION
STATE OF TEXAS §
COUNTY OF TARRANT §
Before me, the undersigned authority, on this day personally appeared
Wob &rf _, known to me to be the person whose name is subscribed to
the foregoing instrument and acknowledged to me that he /she executed the foregoing
instrument for the purposes and consideration therein expressed.
Given under my hand and seal of office, this the a "L— day of March, 2013.
,..`• °••. VALERIE POTTER
Notary Public, State of Texas
4'4�tpjfE +�~ MY Commission Expires Notary Public in and for the State of Texas
„„• February 28, 2015
V 41 rt
Type or Print Notary's Name
My Commission Expires:
e2 - 02F-if
Page 6
Executed this 15 day of March, 2013.
iii- c -jgr-C---
, Grantee
J n Michael Tate
ACKNOWLEDGEMENT AND VERIFICATION
STATE OF TEXAS §
§
COUNTY OF TARRANT §
Before me, the undersigned authority, 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 he /she executed the foregoing
instrument for the purposes and consideration therein expressed.
Given under my hand and seal of office, this the LS day of March, 2013.
c Bch 1--(_.
Notary Public in and Vr the State of Texas
c a1 kk� '1&Q
Type or Print Wa 's Name
Yp Wary
's
Commission Expires:
J(-1 t aus
' 4/ ,µY P
' � H GWENDOLYN BLAKE
1 My Commission Expires
October 24, 2015
Page 7
Executed this /P day of March, 2013.
d 'Ar.i / 0/ , Grantee
Sundie Kay Johne-
ACKNOWLEDGEMENT AND VERIFICATION
STATE OF TEXAS §
COUNTY OF TARRANT §
Before me, the undersigned authority, on this day personally appeared
,5 l�Q � L J;j1460 , known to me to be the person whose name is subscribed to
the foregoin instrument and acknowledged to me that he /she executed the foregoing
instrument for the purposes and consideration therein expressed.
Given under my hand and seal of office, this the / day of March, 2013.
VALERIE O L I 11
3 + °,•���1'�'�r Notary Public, POTTER R
a.. � M v Texas Notary Public in and for the State of Texas
�4�� y Commission Expires
tai February 28, 2015 /'
Type or Print Notary's Name
My Commission Expires:
Z ?- Z0/
AFTER FILING PLEASE RETURN TO:
City of Southlake
Office of the City Secretary
1400 Main Street, Suite 270
Southlake, 76092
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<08 3„IS,-
CITY OF
SOUTHLAKE
/ 3
City Secretary's Office
1400 Main Street 1 Suite 270 I Southlake, Texas 76092 I (p) 817 - 748 -8015 I (f) 817 - 748 -8270
March 25, 2013
Tarrant County Clerk's Office
100 W. Weatherford
Fort Worth, TX 76196 -0401
Re: Document for Filing
To Whom It May Concern:
Please record the enclosed documents in the Tarrant County Clerk's Office. The
charges for the filing fees can be charged to the City of Southlake Escrow
Account. Please return the filed documents to:
City of Southlake
Attn: City Secretary's Office
1400 Main Street, Suite 270
Southlake, Texas 76092
Thank you for your assistance. If you have any questions, please contact me at
817- 748 -8015.
Sincerel
cl-' -JR
Traci Riggs
Deputy City Secretary
Enclosures:
Charge Authorization Form
The Estates of J.R. Tate and Kathryn Tate Encroachment and Maintenance
Agreement
Integrity • Invocation • Accountabilitc • CommiuncnrtoFsccllcncc • Ii;umvork
Mary Louise Garcia TARRANT COUNTY COURTHOUSE 100 W. WEATHERFORD
County Clerk Fort Worth Texas 76196 -0401
Charge Authorization •
City of Southlake
#61
1400 Main Street Ste 310
Southlake TX 76092
817- 748 -8621 PH
817 -748 -8077 FX
Authorized Charger
Date
THIS FORM, SUBMITTED WITH YOUR DOCUMENTS, WILL BE ACCEPTED AS AUTHORIZATION TO CHARGE
YOUR ACCOUNT.
Receipt #:
Customer Signature:
ALTERED DOCUMENT WILL NOT BE ACCEPTED
Revised 01/01/11
MARY LOUISE GARCIA fR...y
cOU 7-
COUNTY CLERK
' 100 West Weatherford Fort Worth, TX 76196-0401
' "�• " "` PHONE (817) 884 -1195
CITY OF SOUTHLAKE
1400 MAIN ST STE 270
SOUTHLAKE, TX 76092
Submitter: CITY OF SOUTHLAKE
DO NOT DESTROY
WARNING - THIS IS PART OF THE OFFICIAL RECORD.
Filed For Registration: 4/2/2013 11:02 AM
Instrument #: D213081799
A 11 PGS $52.00
By:
D213081799
ANY PROVISION WHICH RESTRICTS THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY
BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW.
Prepared by: MGSALAZAR