HomeMy WebLinkAboutContract 49132 CITY SECRETARY
�J CONTRACT NO.
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Fort Worth-Cleburne 69kv
D-1353
01VRequest 2014-072ORR
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oF�s�cQ�P EASEMENT AND RIGHT OF WAY
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF TARRANT §
That ONCOR ELECTRIC DELIVERY COMPANY LLC, a Delaware limited liability
company, hereinafter referred to as Grantor,for and in consideration of TEN AND NO/100
DOLLARS ($10.00), and other good and valuable consideration to it in hand paid by the
City of Fort Worth,a Texas Municipal Corporation, hereinafter referred to as Grantee,has
granted, sold and conveyed and by these presents does hereby grant, sell and convey
unto said Grantee a nonexclusive easement and right of way for the purpose of
constructing, reconstructing, replacing, maintaining and operating a Sidewalk, hereinafter
referred to as Grantee's Facility, in, over, under, across and along the following described
property:
SEE ATTACHED EXHIBITS "A& B"
There is also granted to Grantee, its successors or assigns, a nonexclusive
easement to use only so much of Grantor's adjoining land, during temporary periods, as
may be necessary for the construction, maintenance, and repair of said Grantee's Facility.
Such use shall not interfere with Grantor's use of such property in the operation of its
business and Grantee shall properly maintain such property during construction and at the j
conclusion of such construction remove all construction debris and other materials from
such property and restore such property to the same condition it was in prior to the
commencement of Grantee's construction thereon or in proximity thereto. Additional
general construction limitations on easement are described and listed, but not limited to, in
Exhibit "C", attached hereto and by reference made a part hereof. Use of draglines or
other boom-type equipment in connection with any work to be performed on Grantor's
property by the Grantee, its employees, agents, representatives or contractors must
comply with Chapter 752, Texas Health and Safety Code, the National Electrical Safety
Code and any other clearance requirements. Notwithstanding anything to the contrary
herein, in no event shall any equipment be within fifteen feet of Grantor's power lines
situated on the aforesaid property. Grantee must notify Fort Worth Transmission, (817-991-
5746)at least 48 hours prior to the use of any boom-type equipment on Grantor's property
except in an emergency. Grantor reserves the right to refuse Grantee permission to use
boom-type equipment.
-Return to.
Oncor Electric Delivery company
Right of Way Services
Aft Laura DeLapaz
EOFFICIALRECORD 115 W 7th Street,suite 505
Fort Worth,TX 76102
ETARYH, TX
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Grantee shall locate its Facility within the easement so as not to interfere with any of
Grantor's facilities. Grantee shall not place its facility within 23.5 feet of any pole or tower
leg. Grantee shall reimburse Grantor for any and all costs and expenses incurred by
Grantor for any relocation or alteration of its facilities located on or near the easement that
Grantor, in its sole discretion, determines are subject to interference from the said
Grantee's Facility or from the exercise by Grantee of any of its rights hereunder.
This easement is granted upon the conditions that Grantee's Facility to be
constructed shall be maintained and operated by Grantee at no expense to Grantor and
Grantor shall not be responsible for any costs of construction, reconstruction, operation,
maintenance or removal of Grantee's Facility.
To the extent permitted by law, Grantee agrees to defend, indemnify and hold
Grantor, its officers,agents and employees, harmless against any and all claims,lawsuits,
judgements, costs,and expenses for personal injury(including death),property damage or
other harm for which recovery of damages is sought, suffered by any person or persons i
that may arise out of, or be occasioned, by any negligent act or omission of Grantee, its
officers, agents, associates, employees or subconsultants; except that the indemnity
provided for in this paragraph shall not apply to any liability resulting from the sole
negligence of Grantor, its officers,agents,or employees or separate contractors,and in the
event of joint and concurrent negligence of both Grantor and Grantee, responsibility and
indemnity, if any, shall be apportioned comparatively in accordance with the laws of the
State of Texas, without, however, waiving any governmental immunity or other defenses
available to the parties under Texas Law. The provisions of this paragraph are solely for i
the benefit of the parties hereto and not intended to create or grant any rights,contractual
or otherwise, to any other person or entity.
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 premises
because of Grantee's use thereof.
This easement,subject to all liens of record,shall continue only so long as Grantee
shall use this right of way for the purpose herein described and the same shall immediately
lapse and terminate upon cessation of such use.
TO HAVE AND TO HOLD the above described easement and rights unto the
Grantee, its successors and assigns,for the purposes aforesaid and upon the conditions
herein stated until the same shall be abandoned for use by the Grantee for the purpose E
herein stated, then and thereupon this conveyance shall be null and void and the use of
said land and premises shall absolutely revert to Grantor herein, its successors and
assigns, and no act or omission on the part of them shall be construed as a waiver of the
enforcement of such condition.
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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,
itmcDowell.
District Superintendent,Park and Recreation Department
L�' This form is N/A as No City Funds are associated with this Contract
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AND Grantor does hereby bind itself, its successors and assigns, to WARRANT
AND FOREVER DEFEND all and singular the above described easement and rights unto
the Grantee, its successors and assigns, against every person whomsoever lawfully
claiming or to claim the same or any part thereof, by, through or under Grantor but not
otherwise.
EXECUTED as of this day of 2015.
GRANTOR:
ONCOR ELECTRIC DELIVERY COMPANY LLC
By: t w
Dennis L. Patton
Attorney-in-Fact
GRANTEE:
CITY OF FORT WORTH
By:
Name: jU50-4K �tm-
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Title: hsa-.stfiA+ ffiaAagtr
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OFFORT
OFFICIAL RECORD
CITY SECRETARY
FT.wnRTH, TX AS Mary J. Iia er, City Secretary
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on'�y this day personally appeared
,,W5a n A-{.�1ius) , as the As—m5deU14
of The City of Fort Worth, known to me to be the person whose name is subs ribed to th
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 5 day of
&0 K, , A. D. 2015.
LINDA M. HIRRLINGER /f��(/'� / {(/(rr^( (/�`
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Nofary Public,state of Texas Mg
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Comm.Expires 02.02-2018
Notary ID 12414474.6 NdWy Public in and for the Stat"f Texas
STATE OF TEXAS §
COUNTY OF TARRANT §
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BEFORE ME,the undersigned authority, on this day personally appeared Dennis L. j
Patton, as the Attorney-In-Fact of Oncor Electric Delivery 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 so.
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GIVEN UNDER MY HAND AND SEAL OF OFFICE this �`� day of
A. D. 2015.
„uup (AURA DE LA
PAZ
�,-,Notary VuUllc,State of Texas C
=mac 1+1 Comm.EzPlres 03-07-2018
Notary 10 1112957.5 Notary Public in and for the State of Texas
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HARMON FIELD PARK
PERMANENT ACCESS EASEMENT
DOE NO. 7390
BEN T. CROWLEY SURVEY,ABSTRACT NO. 307
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
EXHIBIT"A"
Being a permanent access easement situated in the Ben T. Crowley Survey, Abstract
No. 307, City of Fort Worth, Tarrant County, Texas, and being a portion of a tract of land
conveyed to Oncor Electric Delivery Company LLC as recorded in Instrument No.
D209327919 of the Official Public Records of Tarrant County, Texas, and further
described as Parcel Ten conveyed to Texas Electric Service Company as recorded in
Volume 1108, Page 125 of the Deed Records of Tarrant County, Texas, said permanent
access easement being more particularly described by metes and bounds as follows:
BEGINNING at a point in the southwest line of Parcel No. 479 of Harmon Field Park as
described in Instrument No. D214247633 of the Official Public Records of Tarrant
County, Texas, from which a 5/8" iron rod with cap stamped "Transystems Corp" found
for the southeast comer of a tract of land described as Tract B conveyed to Texas
Electric Service Company as recorded in Volume 3339, Page 661 of said Deed Records
of Tarrant County, Texas bears South 43 degrees 53 minutes 14 seconds East, a
distance of 567.44 feet, said 5/8" iron rod with cap stamped "Transystems Corp" being
the south corner of said Parcel No.479;
THENCE South 46 degrees 30 minutes 07 seconds West, a distance of 27.58 feet to a
point for the beginning of a curve to the left having a radius of 71.00 feet, a
central angle of 17 degrees 53 minutes 49 seconds, and whose chord bears
South 37 degrees 27 minutes 03 seconds West, a chord distance of 22.09
feet;
THENCE with said curve to the left, an arc length of 22.18 feet to a point for corner;
THENCE South 28 degrees 30 minutes 09 seconds West, a distance of 42.58 feet to a
point for corner in the northeast line of Parcel No. 480 of Harmon Field Park
as described in Instrument No. D214247633 of said Official Public Records of
Tarrant County, Texas, from which a 5/8" iron rod with cap stamped
"Transystems Corp" found for the southwest corner of said Tract B bears
South 43 degrees 53 minutes 14 seconds East, a distance of 609.79 feet, said
5/8" iron rod with cap stamped "Transystems Corp" being the most easterly
corner of said Parcel No. 480;
THENCE North 43 degrees 53 minutes 14 seconds West, with the northeast line of said
Parcel No. 480, a distance of 8.39 feet to a point for corner, from which a
concrete monument found for the northwest comer of a tract of land described
as Tract A conveyed to Texas Electric Service Company as recorded in
Volume 3339, Page 661 of said Deed Records of Tarrant County, Texas, said
concrete monument being in the south line of a tract of land conveyed to the
--- - -City-of-Fort-Worth-and the-City-of-Dallas-as-recorded--in-Volume 7726,-Page -
1848 of said Deed Records of Tarrant County, Texas;
(Exhibit"A") Page 1 of 2
HARMON FIELD PARK
PERMANENT ACCESS EASEMENT
DOE NO. 7390
BEN T. CROWLEY SURVEY, ABSTRACT NO. 307
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
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THENCE North 28 degrees 30 minutes 09 seconds East, a distance of 40.04 feet to a
point for the beginning of a curve to the right having a radius of 79.00 feet, a
central angle of 17 degrees 54 minutes 08 seconds, and whose chord bears
North 37 degrees 27 minutes 13 seconds East, a chord distance of 24.58 feet;
THENCE with said curve to the right, an arc length of 24.68 feet to a point for corner,
THENCE North 46 degrees 30 minutes 07 seconds East, a distance of 27.54 feet to a
point for corner in the southwest line of said Parcel No. 479;
THENCE South 43 degrees 53 minutes 14 seconds East, with the southwest line of said
Parcel No. 479, a distance of 8.00 feet to the POINT OF BEGINNING, and
containing 738 square feet or 0.017 acres of land, more or less.
Notes:
1.) A plat of same date herewith accompanies this legal description.
2.) Bearings are referenced to the Texas State Plane Coordinate System, NAD-
83(CORS), North Central Zone (4202). All distances and areas are surface.
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Date: April 15, 2015
RICHARD KE NED
Richard Kennedy
Registered Professio eyor
Texas No. 5527 - -
Texas Firm No. 10106900
(Exhibit"A") Page 2 of 2
EXHIBIT "B "
CITY OF FORT WORTH CURVE TABLE
CITY 726, PACE VOLUME 1848 - -- CURVE RADIUS I DELTA I CHORD BEARING ICHORD ARC
D.R.T.C.T. C-1 71.00' 1753'49" I S 3T27'03"W 1 22.09' 22.18'
C-2 79.00' 1 17'54'08" 1 N 3T27'13"E 1 24.58' 1 24.68'
TRACT A
SERVICE COTEXASE OM \ {,�
VOLUME D.R.TC.T.�E 881
\ G
F o \\ gEN PgS.�Rp,C N
OF HARMON FIELD PARK
XAS
REAWNDER PARCEL NO. 479
PARCEL TEI
TEPAR EL CTRTEN \ INST. NO. D214247633
rte\ SERVICE COMPANY \ O.P.R.T.C.T.
VOLUME 1108, PAGE D.R.T.0125
.T' \
>rk ONCOR
\ ELECTRIC DELIVERY\\
pe\ COMPANY LLC n
1"-6
`ST. NO. D209327919
O.P.R.T.C.T. 1�
\ C-2
80 40 0 80
Kv C-1 ` �—
TOWER \
\ `% v \ m SCALE IN FEET
HARMON FIELD PARK L-3 900 `fit
PARCEL N0. 480
INST. NO. D214247633 \
O.P.R.T.C.T. \ \
Sdr 0- !
LINE TABLE
LINE BEARING DISTANCE \ '�
L-1 S 46;30'07"W 27.58' m
L-2 S 28'30'09'W 42.58'
L-3 N 43'53'14"W 8.39' �,�• TRACT 8
L-4 N 28'30'09'E 40.04' \ TEXAS ELECTRIC
L-5 N 46'30'07'E 27.54' s°v♦ VOLUME 3 scs°"PAGE est
L-6 S 43'53'14"E 8.00' mss\ D.Rr.c.T.
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OA'LEGAL DESCRIPTION OF SAME DATE HEREWITH ACCOMPANIES THIS PLAT. / n
2. BEARINGS ARE REFERENCED TO THE TEXAS STATE PLANE COORDINATE SYSTEM, o z
NAD-83(CORS), NORTH CENTRAL ZONE (4202). ALL DISTANCES AND AREAS
SHOWN ARE SURFACE -.—�
oKrwo�r City of Fort Worth
1000 THROCKMORTON STREET FORT WORTH, TEXAS 76102
OF r
PARK All"P
HARMON FIELD
RICHARD KENNEDY y
PERMANENT ACCESS EASEMENT I DOE NO. 7390 :op 5527
OWNER: ONCOR ELECTRIC DELIVERY COMPANY LLCy '•.O p ;' O
ti'••..
SURVEY: BEN T. CROWLEY SURVEY, ABSTRACT NO. 307 O J
LOCATION: CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
EASEMENT AREA 738 SQUARE FEET OR 0.017 ACRES RICHARD KENNEDY
JOB NO. CFTW1301.13 DRAWN BY: RK CAD FILE 01E.PAE_ROO.DWG REGISTERED PROFESSIONAL LAND SU
DATE: APRIL 15, 2015 1 EXHIBIT B PAGE 1 OF 1 I SCALE 1' - 80' INO. 5527 TEXAS FIRM No. 10106900
GORRONDONA do ASSOCIATES. INC. • 7524 JACK NEWELL BOULEVARD SOUTH FORT WORTH, TX. 76118 817-496-1424 FAX 817-498-1768
CONSTRUCTION LIMITATIONS ON
ONCOR ELECTRIC DELIVERY COMPANY RIGHT OF WAY
EXHIBIT"C"
1. You are notified, and should advise your employees, representatives, agents, and
contractors, who enter the property that they will be working in the vicinity of high
voltage electrical facilities and should take proper precautions, included but not limited
to the following stipulations and in compliance,at all times,with Chapter 752,V.T.C.A., {
Health &Safety Code.
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2. Blasting is not to be permitted on Oncor right-of-way or under Oncor lines.
3. Construction on electric transmission line easements acquired by Oncor after January
1,2003 shall comply with the requirements of Public Utility Commission Substantive
Rules§25.101, as amended from time to time.
4. Grading will be done in order to leave the right-of-way as near as possible to present
condition. Spoil dirt will be removed from the right-of-way and no trash is to be left on
right-of-way. Slopes shall be graded so that trucks can go down the right-of-way when j
required and such that the slopes can be mechanically maintained.
5. Equipment and materials will not be stored on the right-of-way during construction E'E
without written approval of the Supervisor of Regional Transmission.
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6. Street or road crossings are to be based on drawings submitted. Any change in !!
alignment or elevation will be resubmitted for approval f
7. No signs, lights or guard lights will be permitted on the right-of-way.
8. Equipment shall not be placed within fifteen (15)feet of the power lines.
9. Any pre-approved fencing will not exceed eight(8)feet in height,and if metal in nature,
will be grounded, at ten (10)feet intervals, with an appropriate driven ground. Gates
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should be at least sixteen(16)feet in width to allow Oncor access to the right-of-way.
10.No dumpsters will be allowed on Oncor right-of-way or fee owned property.
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11.Draglines will not be used under the line or on Oncor right-of-way.
12.The existing grade shall not be disturbed, excavated or filled within 25 feet of the
nearest edge of any tower.
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13.Right-of-way will be protected from washing and erosion by Oncor approved method {
before any permits are granted. No discharging of water will be allowed within any r
portion of the right of way.
14.No obstruction shall be installed on the right-of-way that would Interfere with access to
Oncor structures or prevent mechanical maintenance.
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15.Before any work is done under Oncor lines or by Oncor structures notify the Region
Transmission Department, 817-991-5746.
16.No hazardous materials will be stored on the right of way.
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17.For purposes of this document, "Hazardous Materials" means and includes those
substances,including,without limitation,asbestos-containing material containing more
than one percent(1%)asbestos by weight,or the group of organic compounds known
as polychlorinated biphenyls,flammable explosives, radioactive materials, chemicals
known to cause cancer or reproductive toxicity and includes any items included in the
definition of hazardous or toxic waste, materials or substances under any Hazardous
Material Law. "Hazardous Material Laws"collectively means and includes any present
and future local, state and federal law relating to the environment and environmental
conditions including,without limitation,the Resource Conservation and Recovery Act of
1976 ("RCRA"), 42 U.S.C. §6901 et seg., the Comprehensive Environmental
Response, Compensation and Liability Act of 1980, ("CERCLA"),42 U.S.C. §§9601-
9657, as amended by the Superfund Amendments and Reauthorization Act of 1986
("SARA"), the Hazardous Material Transportation Act, 49 U.S.C. §6901 At se, a ., the
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Federal Water Pollution Control Act, 33 U.S.C. §1251, et seg., the Clean Air Act, 42
U.S.C. §741 et seg., the Clean Water Act, 33 U.S.C. §7401 at seg., the Toxic
Substances Control Act, 15 U.S.C. §§2601-2629, the Safe Drinking Water Act, 42
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U.S.C. §§300f-330j, and all the regulations, orders, and decrees now or hereafter
promulgated thereunder.
18.Brush and cut timber will not be piled or stacked on Oncor right-of-way or will not be
burned upon or in close proximity to the conductors or towers.
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19.No structures or obstructions,such as buildings,garages,barns,sheds,guard houses,
etc., will beermitted on the right-of-way.
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20.Landscaping on Oncor right-of-way is permitted when Oncor approves landscaping
plans in writing. No lighting or sprinkler systems are allowed on the right-of-way.
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MARY LOUISE GARCIA •-..
s
COUNTY CLERK �
100 West Weatherford Fort Worth,TX 76196-0401
PHONE(817)884-1195
ONCOR ELECTRIC DELIVERY CO
ATTN LAURA DELAPAZ
115 W 7TH ST# 505
FT WORTH, TX 76102
Submitter: ONCOR ELECTRIC DELIVERY
CO LLC
DO NOT DESTROY
WARNING - THIS IS PART OF THE OFFICIAL RECORD. I
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Filed For Registration: 5/23/2016 1:37 PM
Instrument#: D216108856
E 11 PGS $52.00
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By:
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D216108856
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.