HomeMy WebLinkAboutContract 49107 GO� CITY SECRETARY
a \ALO ; CONTRACT N0. l o I PT #: 2017 - 1625
District: Fort Worth
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Z EASEMENT AND RIGHT OF WAY
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THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TARRANT §
That CITY OF FORT WORTH, hereinafter called "Grantor," whether one or more, for
and in consideration of Ten and No/100 Dollars ($10.00) and other valuable consideration to
Grantor in hand paid by ONCOR ELECTRIC DELIVERY COMPANY LLC, a Delaware limited
liability company, 1616 Woodall Rodgers Freeway, Dallas, Texas 75202-1234, hereinafter
referred to as "Grantee", has granted, sold and conveyed and by these presents does grant,
sell and convey unto said Grantee, their successors and assigns, an exclusive easement and
right-of-way hereinafter referred to as the Easement for overhead and/or underground electric
supply, consisting of a variable number of wires and cables, supporting structures, surface
mounted equipment, conduits hereinafter referred to as Facilities, and all necessary or
desirable appurtenances over, under, through, across, and upon Grantor's land described as
follows:
SEE EXHIBIT "A" ATTACHED (which is made part hereof)
Together with the right of ingress and egress over and upon said Easement and over
and-across Grantor's adjoining properties in a location or locations as reasonably designated
by Grantor for the purpose of and with the right to construct, maintain, operate, repair,
remove, replace, reconstruct, abandon in place, and to change the size and capacity of said
Facilities (provided, however, Grantee shall notify Grantor in advance of the activities
intended to be performed on the property and Grantor shall provide Grantee access to the
property through Grantor's secured gates, which access shall not be unreasonably denied;
provided, furthermore, Grantee shall not be required to provide advance notice in the case of
emergency); the right to relocate said Facilities in the same relative direction of said Facilities
within the Easement; the right to relocate said Facilities in the same relative position to any
adjacent road if and as such road is widened in the future; the right to prevent excavation
within the Easement; the right to prevent construction of, within the Easement, any and all
buildings, structures or other obstructions which, in the sole judgment of Grantee, may
endanger or interfere with the efficiency, safety, and/or convenient operation of said Facilities
and their appurtenances, and the right to trim or remove trees or shrubbery within or
extending into said Easement, provided that Grantee shall only trim or remove that portion of
said trees or shrubbery that is located within the Easement, to the extent in the sole judgment
of Grantee, as may be necessary to prevent possible interference with the operation of said
Facilities or to remove possible hazard thereto. Neither party shall make changes in grade,
elevation or contour of the land or impound water within the Easement without prior written
consent of the other party. --- — -- i
CITY SECRETARY
FT,WORTH,TX
Grantee shall properly maintain such Easement during construction and at the
conclusion of such construction remove all construction debris and other materials from such
Easement and restore such Easement to the same condition it was prior to the
commencement of Grantee's construction thereon.
Grantor shall not be liable to Grantee for any damage to said Easement or Grantee's
Facility or other contents thereof, except when caused by the willful misconduct of Grantor, its
agents, servants or employees. Grantor and Grantee each agree that if any claim or liability
shall arise from the joint or concurring negligence of both parties hereto, it shall be borne by
them in proportion to their negligence. It is understood that it is not the intention of the parties
hereto to create liability for the benefit of third parties but that this agreement shall be solely
for the benefit of the parties hereto.
Grantee shall, at its own cost and expense comply with all applicable laws, including
but not limited to existing zoning ordinances, governmental rules and regulations enacted or
promulgated by any governmental authority and shall promptly execute and fulfill all orders
and requirements imposed by such governmental authorities for the correction, prevention
and abatement of nuisances in or upon or connected with said Easement because of
Grantee's use thereof.
Grantor reserves the right to use the land within the above described Easement for
purposes not inconsistent with Grantee's use of such Easement, provided such use shall not,
in the sole judgment of the Grantee, interfere with the exercise by the Grantee of the rights
hereby granted.
TO HAVE AND TO HOLD the above described Easement unto the said Grantee, its
successors and assigns, until all of said electric lines shall be abandoned, and in that event
said Easement shall cease and all rights herein granted shall terminate and revert to Grantor
or Grantor's heirs, successors or assigns; and Grantor hereby binds himself, his heirs,
successors, assigns, and legal representatives, to warrant and forever defend the above
described Easement unto Grantee, its successors and assigns, against every person
whomsoever lawfully claiming or to claim the same or any part thereof when the claim is by,
through or under Grantor, but not otherwise.
EXECUTED this � � day of � ��'� A. D. 2017.
CITY
OFFICIAL RECG9Ry GRANTOR: CITY OF FORT WORTH
CITE(SECRETARY
FT. WoRTif T
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By: n
�0R71 V. CL V1 /-t i S Assistant City Manager
ROVED A TO FORM AND LEGALITY
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A, by4 ... .` Assistant i Attorney, ,C,-, s
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GRANTEE:
Accepted by:
ONCOR ELECTRIC DELIVERY COMPANY LLC
By: A:,, C' 4
4
Roger indsey, AttorAy-In-Fact
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME the undersigned authority, on this day personally appeared
r,SD 14 'L4 C as the Assistant City Manager of CITY OF
FORT WORTH, 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, in the capacity therein stated and he/she is authorized to do
so.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
r , A. D. 2017.
JTRIKINYA L JOHNSON
4p:: :n-Notary Public, State of Texas Notary Pub/c in for the State of Texas
Comm. Expires 04-17-2018
Notary ID 1238832.0
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day perF rally appeared Roger
Lindsey, as the Attorney-in-Fact of ONCOR ELECTRIC DELA.ERY COMPANY LLC,
known to me to be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that he executed the same for the purposes and consideration therein
expressed, in the capacity therein stated and he is authorized to do s//o.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
Ayr A. D. 2017.
SHERRI PAULETTE KINSEY
Notary Public,State of Texas Notary Public a 7'e State of Texas
comm. Expires 08-20-2019
Notary ID 13033872-1
d
EXHIBIT "A "
ONCOR ELECTRIC DELIVERY COMPANY, L.L. C. EASEMENT
A PART OF THE M. AROCHA SURVEY, ABSTRACT NUMBER. 2
Vol t6a. 1 \ 0 too'
LOT F l ,g pN�K a CITY OF FORT WORTH
LO 6V0C Hit!- VOLUME 332. PAGE 549
9Agy- N,gER D.R.T.C.T. SCALE FEET
DOC. ta6a6a 1'= too'
p2o�l�S.
Line Table
LOT 9R, BLOCK 8 Line
PARK HILL Bearing Distance
VOLUME 388-58, PAGE 811 Number
P.R.T.C.T. Lt S32'29'26'E 29.36'
LOT 17 L2 NW04-00-E 29.89'
POINT OF POINT OF
Lor 10 30M PE FO NDD sB003+ BEGINNING
LOT 16 AND15ART OF S8007'22-E 43857'20'ELOT
BLOCK 8 IS7,ig• -,bs
m PARK HILLb+
LOT 11 u) DOC. NUMBER
W D208094626 0'�, J c 8007•?? .�1
a D.R.T.C.T. n� �3 Y o 135,01•.w Ng �9
o1 56��5 2
m� � N- 4)• Q
�0 7,062 SQUARE FEET ¢389.0 W S38'S3'21'E
o x 1 LOT 14, AND ^� 0.162 ACRE 50.90'90'
m
in a- PART OF LOT 15, hN ONCOR ELECTRIC N39'10'29'W .�
LOT 12 w BLOCK 8 DELIVERY COMPANY, 55.45' a,°y
PARK HILL Q LLC EASEMENT y r n.
o DOC. NUMBER N68'04'58'W IP i
0208060142 m
D.R.T.C,T. 7,50' CITY OF FORT WORTH y.�r�4
VOLUME 332. PAGE 549 Ll
,`O D.R.T.C.T,
N32'29'26'W
LOT 13 S SU� 29.79' ,yd�
t0
FORT WORTH ZOOLOGICAL
ASSOCIATION AGREEMENT LINE
PARK HILL DRIVE
C.C.D. NO. = COUNTY CLERK'S DOCUMENT NUMBER
D.R.T.C.T. DEED RECORDS, TARRANT COUNTY, TEXAS
P.R.T.C.T. = PLAT RECORDS, TARRANT COUNTY, TEXAS STEPHEN R GLOSUP
5570
r t,.
DUNAWA ���' ��Uf`.J
A metes and bounds description of
even date accompanies this drawing, 550 Bailey Avenue •Suite4CO•Fort worth,Texas 76107 ��lG(/7
Tel:817.335.1121 PAGE 1 OF 3
DATE: JANUARY 26, 2017 FIRM REGISTRATION 10098100
DUNAWAY JOB N0. 8000520.013
m
EXHIBIT "A "
ONCOR ELECTRIC DELIVERY COMPANY, L.L. C. EASEMENT
A PART OF THE M. AROCHA SURVEY, ABSTRACT NUMBER. 2
PROPERTY DESCRIPTION
BEING a tract of land situated in the M. Arocho Survey, Abstract No. 2, City of Fort Worth, Tarrant County,
Texas and being a part of that certain tract of land described by deed to City of Fort Worth, recorded in
Volume 332, Page 549, Deed Records, Tarrant County, Texas, said tract of land being more particularly
described by metes and bounds as follows:
COMMENCING at a 3/4" pipe found in the west right—of—way line of Winton Terrace East and the southeast
corner of Lot 17, Block 8, Park Hill, an addition to the City of Fort Worth, according to the plat recorded in
Volume 388-1A, Page 58, Plat Records, Tarrant County Texas;
South 57'29'33" East, crossing said Winton Terrace East, a distance of 60.19 feet to a point in the west
line of said City of Fort Worth tract for the POINT of BEGINNING of herein described tract of land;
THENCE South 80'07'22" East, crossing into said City of Fort Worth tract, a distance of 157.16 feet to a
point;
THENCE South 64'47'20" East, a distance of 43.85 feet to a point;
THENCE North 61'53'19" East, a distance of 60.34 feet to a point;
THENCE South 28'06'41" East, a distance of 15.00 feet;
THENCE South 61'53'19" West, a distance of 55.02 feet to a point;
THENCE South 38'53'21" East, a distance of 50.90 feet to a point;
THENCE South 29'14'38" East, a distance of 64.89 feet to a point;
THENCE South 32'29'26" East, a distance of 29.36 feet to a point;
THENCE South 57'30'34" West, a distance of 15.00 feet to a point;
continued...
NOTES: The basis of bearings for this Easement is the Texas Coordinate System of 1983, North Central Zone,
4202, based upon GPS measurements, according to the GPS Reference Network.
A drawing of even date accompanies this metes and bounds description.
The metes and bounds description contained herein was compiled from information contained
in recorded documents and does not reflect the results of an on the ground survey.
DUNAWAY JOB NO. 8000520.013 PAGE 2 OF 3
r'S'1644pi�RGIcsup
EXHIBIT"A"
Registered Professional Land Surveyor
Texas Registration No. 5570 ` ONCOR ELECTRIC DELIVERY
srg@dunaway-assoc.com COMPANY, L.L.C. EASEMENT
January 26,2017 y�
r STEPHEN R.GLOSUP A PART OF THE M. AROCHA
1. 5570 �� SURVEY,ABSTRACT NUMBER 2
DUNAWAy _
---
550 Salley Avenue •Suite 400 •Fort worth,Texas 76107
Tel:817.335.1121 City of Fort worth, Tarrant County, Texas.
FIRM REGISTRATION 10098100
EXHIBIT "A "
ONCOR ELECTRIC DELIVERY COMPANY, L.L.C. EASEMENT
A PART OF THE M. AROCHA SURVEY, ABSTRACT NUMBER. 2
continued...
THENCE North 32'29'26" West, a distance of 29.79 feet to a point;
THENCE North 2914'38" West, a distance of 65.58 feet to a point,
THENCE North 39'10'29" West, a distance of 55.+5 feet to a point;
THENCE North 64*47'20" West, a distance of 43.89 feet to a point;
THENCE North 80'07'22" West, a distance of 155.01 feet to a point;
THENCE South 21'55'02" West, a distance of 113.68 feet to a point;
THENCE North 68*04'58" West, a distance of 7.50 feet to a point;
THENCE North 21'55'02" East, a distance of 98.73 feet to a point;
THENCE North 30*04'00" East, a distance of 29.89 feet to the POINT of BEGINNING of herein described tract
and containing a calculated area of 7,062 square feet or 0.162 acre of land.
NOTES: The basis of bearings for this Easement is the Texas Coordinate System of 1983, North Central Zone,
4202, based upon CPS measurements, according to the GPS Reference Network.
A drawing of even date accompanies this metes and bounds description.
The metes and bounds description contained herein was compiled from information contained
in recorded documents and does not reflect the results of an on the ground survey.
DUNAWAY JOB NO. B000520.013 PAGE 3 OF 3
EXHIBIT"A"
-Stepoeff R.GIcsup
Registered Professional Land Survoycr
Texas Registration No. 5570 OF ONCOR ELECTRIC DELIVERY
srg@dunaway-assoc.com
A\ COMPANY, L.L.C. EASEMENT
January 26,2017 co
...............
STEPHEN R-GLOSUP A PART OF THE M. AROCHA
SURVEY,ABSTRACT NUMBER 2
DUNAWAY
550 Bailey Avenue -Suite 400- Fort Worth,Texas 76107 S f
Tel:817.335.1121
FIRM REGISTRATION 100981C0 City of Fort Worth, Tarrant County. Texas.
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 3128/2017
DATE: Tuesday, March 28, 2017 REFERENCE NO.: L-16019
LOG NAME: 80FOREST PARK/ FORT WORTH ZOO ONCOR UTILITY EASEMENT#3
SUBJECT:
Conduct a Public Hearing and Authorize Use of a Portion of Forest Park for an Electric Utility Easement
Within the Fort Worth Zoo and Authorize an Easement to Oncor Electric Delivery Company, LLC, for
Electrical Service Lines on a Total of 0.162 Acres at Forest Park (COUNCIL DISTRICT 9)
RECOMMENDATION:
It is recommended that the City Council:
1. Conduct a public hearing under the guidelines set forth by the Texas Parks and Wildlife Code, Chapter
26, Protection of Public Parks and Recreational Lands;
2. Find that no feasible or prudent alternative exists for the use of Forest Park for the proposed location of
the electric utility easement;
3. Find that the proposed electric utility easement includes all reasonable planning to minimize harm to
the parkland, including that all infrastructure and equipment will be constructed in Forest Park as specified
on the attached exhibits and as noted in the discussion below;
4. Close the public hearing and authorize use of approximately 0.162 acres of dedicated parkland at
Forest Park for the proposed electric utility easement;
5. Authorize an easement to Oncor Electric Delivery Company, LLC, for electrical service lines on a total
of 0.162 acres at Forest Park; and
6. Authorize the execution and recording of all necessary documents to complete the conveyance.
. Forest Park- located at 1500-2000 Colonial Pkwy., Mapsco 76N, P, & K, south of the Clear Fork
Trinity River, west of Rogers St., intersected by University Dr., north and south of Colonial Pkwy.,
northeast of Winton Terrace, east of terminus of Wescott Rd, intersected by Park Hill Dr., east of
Sandage Ave., north of McPherson Ave., west of McCart Ave., west of Forest Park Blvd.,
intersected by Park PI., intersected by Colonial Pkwy., west at terminus of Huntington Ln., west of
Rockridge Terrace, south of Kensington Ct., west of terminus of Stonebridge Place.
DISCUSSION:
The purpose of this Mayor and Council Communication (M&C) is to authorize the granting of an electric
utility easement to Oncor Electric Delivery Company, LLC (OED), at Forest Park (Park) for the purpose of
relocating electrical service lines.
The Park and Recreation Department has been approached by the Fort Worth Zoological Association
(Zoo) requesting a conversion of approximately 0.162 acres of parkland for the relocation of existing
Logname: 80FOREST PARK/FORT WORTH ZOO ONCOR UTILITY EASEMENT#3 Page I of 3
Oncor electrical utility service lines within Forest Park. The relocation of the electrical utility easement
ranges from 7.5 feet wide to 15 feet wide totaling approximately 7,062 square feet. The proposed
electrical utility easement is needed for the rerouting of lines to provide electrical service for the new
storage warehouse. The easement will give Oncor the ability to install new service lines and 6 new utility
poles.
Equipment Existing Proposed Net
Overhead Line 453 LF 448 LF <5 LF>
Power Pole 4 poles 6 poles 2
� h
*The total linear of utility line will be reduced by five linear feet and an increase of
two poles as a result of this proposal.
In accordance with the Texas Parks and Wildlife Code, Chapter 26, the City of Fort Worth seeks to
convert approximately 0.162 acres of parkland for the purpose of a utility easement on park property.
On January 25, 2017, the Park and Recreation Advisory Board endorsed staff's recommendation to the
City Council to authorize the use of approximately 0.162 acres of parkland in the park as proposed.
In accordance with State law, public notice of the hearing was advertised in the Fort Worth Star-Telegram
on March 2, 2017, March 9, 2017 and March 16, 2017. An exhibit map was available for public review at
the Park and Recreation Department administrative offices located at 4200 South Freeway, Suite 2200,
Fort Worth, Texas 76115.
A letter announcing the proposed use was sent to the presidents of the Berkeley Place, Colonial Heights,
Frisco Heights, Mistletoe Heights, Park Hill, Paschal, University Place and University West Neighborhood
Associations on February 24, 2017. Signage was posted at the site noting the proposed use and
providing instructions for directing comments to the Park and Recreation Department. Staff will note any
public comment received during the public hearing Report of City Staff.
Forest Park and the Fort Worth Zoo are located in COUNCIL DISTRICT 9. This M&C does not request
approval of a contract with a business entity.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that this action will have no material effect on City Funds.
FUND IDENTIFIERS (FIDs):
TO
Fund Department ccoun Project Program ctivity Budget Reference # moun
ID ID Year (Chartfield 2)
FROM
Fund Department ccoun Project Program ctivity Budget Reference # moun
ID ID Year (Chartfield 2)
CERTIFICATIONS:
Submitted for City Manager's Office by: Susan Alanis (8180)
Logname: 80FOREST PARK/FORT WORTH ZOO ONCOR UTILITY EASEMENT#3 Page 2 of 3
Originating Department Head: Richard Zavala (5704)
Additional Information Contact: David Creek (5744)
ATTACHMENTS
1. MC Aerial ForestlllMap.pdf (Public)
2. MC Oncor Existing Layort.pdf (Public)
3. MC Oncor Proposed Layort.pdf (Public)
Logname: 80FOREST PARK/FORT WORTH ZOO ONCOR UTILITY EASEMENT#3 Page 3 of 3
Contract Compliance Manager:
By signing I acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
ensuring all performance and reporting requirements.
Name of Employee
Title
❑ Thisform is NJA as No Qty Funds are associated with this Contract
Cornell Gordon / OG
Printed Name 5gnature