HomeMy WebLinkAboutContract 34230AACNV & 0 —7--+ -pp lZ.
CITY SECRETARY I
CONTRACT NO. �T�-'
CITY OF FORT WORTH
RIGHT OF ACCESS AGREEMENT
STATE OF TEXAS §
COUNTY OF TARRANT §
This RIGHT OF ACCESS AGREEMENT is entered into by and between the Tarrant
Regional Water District, acting through Jim Oliver, its duly authorized General
Manager, the United St s of America acting through a duly authorized
representative f6rm thrCorps of Engineers ("COE"), (collectively the
"GRANTEES"), and the City of Fort Worth, a home -rule municipality located within
Tarrant County, Texas, acting through Libby Watson, its duly authorized Assistant
City Manager ("GRANTOR") for the non-exclusive Right of Access on, over, under,
across, upon and through that certain tract or parcel of land commonly known as
Harmon Field Park & Trinity Rahway Express Fort Worth, Texas; and has a
legal description attached as Exhibit "A". (herein after referred to as the "Property")
owned by GRANTOR.
In consideration of the mutual promises and agreements contained herein, the parties
hereto agree as follows:
The GRANTOR does hereby grant and convey upon GRANTEES, their officers,
employees, and contractors, access to, across, and upon the following described
property of the GRANTOR, for the purposes set out below.
2. The property that is the subject of this access agreement is located at Harmon
Field Park & Trinity Railwav Express, Fort Worth, Texas; and has a legal
description attached as Exhibit "A".
3. The purposes for which GRANTEES shall have access to, across, and upon the
subject property are for the conducting of surveys, at GRANTEES sole cost and
expense. GRANTEES may use other lands of GRANTOR for ingress and egress
if necessary to access the Property if such access is not otherwise conveniently
available.
4. The GRANTOR retains, reserves, and shall continue to enjoy the use of the
surface of such property for any and all purposes which do not interfere with or
prevent the use of the property by GRANTEES for the purposes herein
described. The GRANTEES may restrict access to a part or all of the property if
health and/or safety considerations dictate or an emergency exists. The
GRANTOR agrees to abide by such restrictions upon consent that such
considerations or emergency exists.
5. The access, rights, and privileges herein granted shall commence upon
execution of this agreement by all parties ("Date of Commencement") and shall
remain in effect until the completion of the survey activities, but not later than two
(2) years from the Date of Commencement, by which time the surveys should be
City of Fort Worth
Right of Access Agreement
CRL09.08.064
Page l of 4
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complete. if additional time is needed to complete the surveys, the parties shall
attempt in good faith to negotiate an extension.
6. Nothing in this agreement shall in any manner whatsoever affect the City of Fort
Worth's statutory access rights or inhibit the exercise of those rights in
accordance with statutory authority.
7. If any action of the COE's employees or agents in the exercise of this right -of -
entry results in damage to the real property, the COE will, at its option, either
repair such damage or make an appropriate settlement with the GRANTOR. In
no event shall such repair or settlement exceed the fair market value of the fee
interest of the real property at the time immediately preceding such damage.
The COE's liability under this clause is subject to the availability of appropriations
for such payment, and nothing contained in this agreement may be considered
as implying that Congress will at a later date appropriate funds sufficient to meet
any deficiencies. The provisions of this clause are without prejudice to any rights
the GRANTOR may have to make a claim under applicable laws for any
damages other than those provided for herein.
8. GRANTEES shall provide GRANTOR with a copy of any survey report made in
connection with GRANTEES' assessment activities under this agreement upon
request.
9. It is mutually agreed and understood that this agreement is made and entered
into by GRANTOR and GRANTEES with reference to the existing Charter and
Ordinances of the City of Fort Worth and the laws of the State of Texas, and of
the United States, which govern all matters affecting this agreement.
10. Any notice required by this agreement shall be sent as follows:
If to GRANTOR:
Michael Gange
Assistant Director
Department of Environmental Management
1000 Throckmorton
Fort Worth, Texas 76102
817-392-6569
Michael.Gange@fortworthgov.org
If to GRANTEE:
Tarrant Regional Water District:
R. STEVE CHRISTIAN
Real Property Director
800 East North Side Drive
Fort Worth, TX 76102
817-335-2491
City of Fort Worth
Right of Access Agreement
CRL09.08.06v4
Page 2 of 4
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Corp of Engineers:
Rocky D. Lee
Chief, Realty Services Branch
U.S. Army Corps of Engineers
ATTN: CESWR-RE-A
P.O. Box 17300
Fort Worth, TX 76102-0300
817-886-1096
11. This instrument contains the entire agreement between the parties relating to the
rights herein granted and the obligations herein assumed. Any oral
representations or modifications concerning this instrument shall be of no force
and effect excepting a subsequent modification in writing, signed by the party to
be charged.
Signature Page for Right of Access Agreement with TRWD and COE
IN WITNESS WHEREOF, the parties hereto have executed this agreement in triplicate
originals in Tarrant County, Texas.
GRANTOR
CITY OF FORT WO H 1
By: /
Libby Watson
Assistant City Manager
Date:
ATTEST:
fN�N " _ /'I� kk���
Marty Hendrix
City Secretary
rain l�vt` - srt
APPROVED AS TO FORM AND
LEGALITY:
k02
P ez
Assistant City Attorney
City ojFort Worth
Right ojAccess Agreement
CRL09.08.06v4
GRANTEE
TAR � — R -IONAL WATER DISTRICT
By:
J
7;�. 5fcvc �Li.. Sr:A�
(print name)
Date:
WITNESS:
Zd,)ac)olY f'`pSS!'v�
(pr't(it name)
CORPORATE SEAL:
Page 3 of 4
GRANTEE
UNITED STATES GOVERNMENT
CORPSOF ENGINEERS
By:
Rocky Lee
Chief, Realty Services Branch
Date: I 0 ^ / 6 ` cA 'dam (0
WITNESS:
(print name)
City of Fort Worth
Right ojAccess Agreement r ;17;7[-C'' t;Cj7.;�;
CPL09.08.06v4 J + 6 �-':7 �-1'l...
EXHIBIT "A"
TRACT HB-1
Ownership: The City of Fort Worth and The City of Dallas
Legal: Main Rail Line and contiguous properties held by Missouri -Kansas -Texas
Railroad Company, formerly known as Chicago, Rock Island and Pacific Railroad
Company
Instruments
Provided: 1) Agreement between the Chicago, Rock Island and Pacific Railroad
Company and the Tarrant County Water Control and Improvement District
Number One dated 7/14/1952
2) Easement Grant from William M. Gibbons, Trustee of the Property of the
Chicago, Rock Island and Pacific Railroad Company to the City of Fort
Worth dated 8/27/1981 (recorded 9/29/1981 at 7188/2391, DRTCT)
3) Easement Grant from William M. Gibbons, Trustee of the Property of the
Chicago, Rock Island and Pacific Railroad Company to the City of Fort
Worth dated 8/27/1981 (recorded 9/29/1981 at 7188/2397, DRTCT)
4) Perpetual Easement for Rail Freight Operations from William M. Gibbons,
Trustee of the Property of the Chicago, Rock Island and Pacific Railroad
Company to the Oklahoma, Kansas & Texas Rail Users Association dated
10/21/1982 (recorded 10/22/1982 at 7379/167 DRTCT)
5) Quitclaim Deed from William M. Gibbons, Trustee of the Property of the
Chicago, Rock Island and Pacific Railroad Company to the Oklahoma,
Kansas & Texas Rail Users Association dated 10/21/1982 (recorded 10/1982 at
7379/40 DRTCT)
6) Quitclaim Deed from the Oklahoma, Kansas & Texas Rail Users
Association to the Oklahoma, Kansas and Texas Railroad Company dated
10/21/1982 (recorded 11/20/1989 at 9770/1447, DRTCT)
7) Deed from William M. Gibbons, Trustee of the Property of the Chicago,
Rock Island and Pacific Railroad Company to the City of Fort"Worth and
the City of Dallas dated 1/23/1984 (recorded 1/25/1984 at 7726/1848, DRTCT)
8) Operating Rights Agreement between the City of Dallas and the City of Fort
Worth and the Missouri -Kansas -Texas Railroad Company dated 2/27/1984
(recorded 2/28/1984 at 7754/1500, DRTCT)
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9) Mineral Quitclaim Deed from the Rock Island Improvement Company to
the International Mining Corporation dated 3/15/1985 (recorded at 8152/875,
DRTCT)
10) Easement Grant from the Chicago Pacific Corporation to US Sprint
Communications Company dated 10/16/1987 (recorded 10/28/1989 at
9106/1540, DRTCT)
11) Delaware Secretary of State Certificate of Ownership and Merger of
Oklahoma -Kansas -Texas Railroad Company into Missouri -Kansas -Texas
Railroad Company dated 2/12/1990 (recorded 2/14/1991 at 10174/1020,
DRTCT)
Notes:
TRACT HB-2
Ownership: The City of Fort Worth
Legal: A tract of land out of the B.F. Crowley Survey
Instruments
Provided: 1) Warranty Deed from Johnnie McDonald and wife, Idella McDonald to the
City of Fort Worth dated 7/10/1952 (recorded 7/31/1952 at 2458/84, DRTCT)
Notes: Sendera shows HB-2 and HB-3 as overlapping
TRACT HB-3
Ownership: The City of Fort Worth
Legal: A tract of land out of the B.F. Crowley Survey
Instruments
Provided: 1) Warranty Deed from Willie Randle and wife, Bessie Randle to the City of
Fort Worth dated 6/10/1952 (recorded 4/8/1958 at 3197/340, DRTCT)
Notes: Sendera shows 1113-2 and H13-3 as overlapping
TRACT HB-6
Ownership: The City of Fort Worth
2
Legal: A tract of land out of the B.F. Crowley Survey
Instruments
Provided: 1) Right -of -Way Deed from The Fort Worth National Bank, Trustee of the
Estate of Chas. V. Nichols, Deceased, joined by Mrs. Katie Nichols, a widow
to Tarrant County dated 4/24/1959 (recorded at 3339/661, DRTCT)
2) Deed from Katie Nichols, a widow, to Charles S. Nichols, Elizabeth Ann
Moseley, and Louise Vaughn Lillard dated 8/26/1952 (recorded 9/16/1952 at
2473/ 192, DRTCT)
3) Deed from The Fort Worth National Bank, Trustee of the Estate of Chas.
V. Nichols, Deceased, Charles S. Nichols, Elizabeth Ann Moseley, and Louise
Vaughn Lillard and husband, J.W. Lillard to the City of Fort Worth dated
8/26/1952 (recorded 9/16/1952 at 2473/195, DRTCT)
Notes:
TRAcr HB-7
Ownership: The City of Fort Worth
Legal:
Instruments
Provided:
Notes:
TRAcr HB-8
Blocks 4-7 and 12-16 of Hudson's East Addition according to the Plat recorded at
106/98, DRTCT
1) General Warranty Deed from E.E. Wentworth and wife, Maude Wentworth
to the City of Fort Worth dated 12/5/1952 (recorded at 12/30/1952 at 2510/554,
DRTCT)
Ownership: The City of Fort Worth
Legal: A tract of land out of the B.F. Crowley Survey
Instruments
Provided: 1) Right -of -Way Deed from Willie Randle to Tarrant County dated 3/28/1950
(recorded 4/12/1950 at 2182/48, DRTCT)
3
2) Warranty Deed from Hattie Anderson, a widow, surviving wife of J.M.
Anderson, deceased, and sole devisee under the will of J.M. Anderson,
deceased, and Independent Executrix under the will of said decedent, to the
Will J. Randle dated 4/19/1950 (recorded 4/22/1950 at 2186/38, DRTCT)
3) Warranty Deed from Willie Randle and wife, Bessie Randle to the City of
Fort Worth dated 6/10/1952 (recorded 4/8/1958 at 3197/340, DRTCT)
Notes: Randle -City deed is same as HB-3
TRACT HB-12
Ownership: The City of Fort Worth
Legal: All of Watson Addition according to the Plat recorded at 1669/355, DRTCT, save
and except that tract conveyed by the heirs of Frank Wallace to Tarrant County
Water Improvement District
Instruments
Provided: 1) Deed from Frank Wallace, Clara Bullard and husband, L.I. Bullard,
Doma Wallace Bledsoe joined by her husband Tom Bledsoe, Alta Fuchs
joined by her husband Handy Fuchs, and Maggie Wallace Anderson to the
City of Fort Worth dated 6/14/1952 (recorded at 3529/567, DRTCT)
Notes:
.19