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HomeMy WebLinkAboutContract 52363 r PT#: 2019 - 0783 District: ABC/Fort Worth 3p 2p�9 WR#: 3435068 0 RAK E R#: EASEMENT AND RIGHT OF WAY CITY SECRETARY CONTRACT NO. 5 3 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 & B" 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. t1HIC�IM., RECORD ITT 50 R T'ARY K WOMTH.,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 .2J#14 day of !`'lay , A. D. 2019. .��1' NTOR: CITY OF FORT WORTH Aitte C M J. K ity aZ� :' Assistant City Manager �4`PPROVED rO FORM AND LEGALITY � By: 1295: Assistant ity Attorney JeWcaSengsvang,Assistant CityAtFT. C9A6.RECOR®Y SECRETARYWORTH,TX GRANTEE: Accepted by: ONCOR ELECTRIC DELIVERY COMPANY LLC By: Andrew . Deen, Attorney-In-Fact STATE OF TEXAS § COUNTY OF TARRANT § BEFORE N4E, the undersigned authority, on this day personally appeared P�pt�1 S44- , 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. ��rr GIVEN UNDER MY HAND AND SEAL OF OFFICE this_ 4�Z - _ day of A. D. 2019. —I BLIU-4—Lil A ZLO MARIA S.SANCHEZ :. �* My Notary ID#2256490 "�► y;ti+ ' Expires December 19,2021 NotaN Public in and for the State f Texas STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Andrew J. Deen, 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE this �— day of r , A. D. 2019. MARSHA HORAK Notary ID#129273267 Notary Public in and for the State of Texas My Commission Expires Jan 23,2021 OFFICIA'y RECORD CITY SICIRITARY RT"r TX METES AND BOUNDS DESCRIPTION BEING a 0.124 acre tract of land situated in the Felix G. Beasley Survey, Abstract Number 135, Tarrant County, Texas in the City of Fort Worth, being a portion of Lot 1, Block 1, Como Community Center Addition, an addition to the City of Fort Worth according to the plat recorded in Document Number D218239534, Plat Records of Tarrant County, Texas, said 0.124 acre tract of land being more particularly described as follows; COMMENCING at a 5/8 inch iron rod with yellow cap stamped `Dunaway Assoc LP" found for the most westerly northwest corner of said Lot 1, Block 1; THENCE North 89 degrees 14 minutes 23 seconds East, along a northerly line of said Lot 1, Block 1, a distance of 4.00 feet to the POINT OF BEGINNING; THENCE North 89 degrees 14 minutes 23 seconds East, continuing along a northerly line of said Lot 1, Block 1, a distance of 10.00 feet a point for comer; THENCE South 01 degree 11 minutes 33 seconds East, departing the northerly line of sold Lot 1, Block 1, a distance of 167.94 feet to a point for corner, THENCE South 22 degrees 54 minutes 26 seconds East, a distance of 75.21 feet to a point for comer, THENCE South 00 degrees 00 minutes 20 seconds West, a distance of 196.79 feet to a point for comer; THENCE South 84 degrees 56 minutes 23 seconds East, a distance of 50.70 feet to a point for comer; THENCE North, a distance of 5.00 feet to a point for corner, THENCE East, a distance of 20.00 feet to a point for comer; THENCE South, a distance of 20.00 feet to a point for corner; THENCE West, a distance of 20.00 feet to a point for comer; THENCE North, a distance of 5.00 feet to a point for comer, THENCE North 84 degrees 58 minutes 58 seconds West, a distance of 60.73 feet to a point for comer; a THENCE North 00 degrees 00 minutes 21 seconds East, a distance of 203.93 feet to a point for comer, THENCE North 22 degrees 54 minutes 26 seconds West, a distance of 75.10 feet to a point for comer; .� THENCE North 01 degree 11 minutes 33 seconds West, a distance of 169.94 feet to the POINT OF BEGINNING; o CONTAINING a computed area of 0.124 acres (5,401 square feet) of land. s 1 a a EXHIBI CA' 0002926,005 PAGE 1 OF 3 A drawing of even date accompanies this metes and bounds description. OF �c► ONCOR ELECTRIC DELIVERY �!A•• T�•rp•� COMPANY, LLC EASEMENT FEBRUARY 12,2019 �: % •..Z...•..*..e...i..0 0.124 ACRES o •••fMARK D966bee ... 5,401SQUARE FEET D U N AWA�/ :. YALE �g :Q� $ ••. ::� .CL CITY OF FORT WORTH 550 Battey Avenue•sulfa 400-Fort Worth,Texas 76107 S`V TARRANT COUNTY,TEXAS m Tel:817.335,1121 `'' q t G C FIRM REGISTRATION 10098100 O s Z 4 < W 5� LOT 1, BLOCK 1 COMO COMMUNITY H W CENTER ADDITION DOCUMENT NUMBER Q In D218239534 LOT 4—R OUT LOT L = v P.R.T.C.T. VOLUME 5649, PAGE 962 D.R.T.C.T. N8914'230 APPROXIMATE LOCATION _ —_ N89'14'23`E 4.00' 10.00' �OF SURVEY LINE — POINT OF COMMENCING — -- -- --- 43.21' — 7 10' UTILITY AND INGRESS 7.5' UTILITY EASEMENT POINT OF AND EGRES EASEMENT VOLUME 10345SPAGE 1263 CABINET A, SLIDE 3467 BEGINNING D.R.T.C.T. P.R.T.C.T. I w N01I1'33`W '*' I 169.94' a, I � LOT 56R, BLOCK 10 � WEST VICKERY HEIGHTS ADDITION ONCOR ELECTRIC DELIVERY CABINET A. SLIDE 3467 I COMPANY, LLC EASEMENT P.R.T,C.T. 0.124 ACRES 8 N (5,401 SQUARE FEET) � �01g5 V I LOT 1. BLOCK 1 N22'54'26`W COMO COMMUNITY 75.10' � CENTER ADDITION _ DOCUMENT NUMBER 0 80' I D218239534 ...._�_ .� P.R.T.C.T. 8 SCALE FEET I is 60, •= FOUND 5/8" IRON ROD WITH YELLOW CAP STAMPED MATCHLINE a "DUNAWAY ASSOC LP" R UNLESS OTHERMSE NOTED. EXHIBIT 'B' B002926.005 PAGE 2 OF 3 N A metes and bounds description of even date accompanies this drawing. ONCOR ELECTRIC DELIVERY '( O COMPANY, LLC EASEMENT eON.a� FEBRUARY 12,2019 y :'GG%,8�T,Fp;•%.N _ ...:......:4......t... 0.124 ACRES 0 '~ MARK D.YALE 5,401 SQUARE FEET E ~ DUNAWA�/ ,5975� .���� CITY OF FORT WORTH ss $ 9 .`1css m o Bailey Avenue T�u8 400-Fort 5.1 Worth.Texas 76107 4 'O-Su - ' y TARRANT COUNTY,TEXAS FIRM REGISTRATION 10098100 :, t� to O a ONCOR ELECTRIC DELIVERY COMPANY, LLC EASEMENT 0.124 ACRES (5,401 SQUARE FEET) � � N22'54'26"W LOT 1, BLOCK 1 75.10' COMO COMMUNITY CENTER ADDITION LOT 56R. BLOCK 10 i DOCUMENT NUMBER WEST VICKERY D218239534 HEIGHTS ADDITION P.R.T.C.T. CABINET A, SLIDE 3467 i P.R.T.C.T. MATCHLINE — — — — — � i i W 3 5' UTILITY EASEMENT M QQ VOLUME 388-179, PAGE 58 c P P.R.I.C.T. i g a g NORTH 5.00' iEAST S84'56'23eE 20.00' i 50.70' i SOUTH H8 Z8158-W 20.00' s I 30.73' NORTH WEST ' i 5.00' 20.00' SCALE FEET i •= FOUND 5/8" IRON ROD WITH YELLOW CAP STAMPED i "DUNAWAY ASSOC LP" UNLESS OTHERWISE NOTED. EXHIBIT 'B' 8002926.005 PAGE 3 OF 3 A metes and bounds description of even date accompanies this drawing. OF p ONCOR ELECTRIC DELIVERY �Q;•°°060 asT°rp°°e COMPANY, LLC EASEMENT FEBRUARY 12,2019 y� *V eeeZeeeeeseeaeeass:ee• 0.124 ACRES Z MARK D'YAL@ *s•°eseeaeeeoQ000 5,401 SQUARE FEET `::� Y DUNAWA ° e :•.qq��5975 E 4�Jr'see 0."'°° CITY OF FORT WORTH 550 Salley Avenue •Sulte 400•Fort Worth,Texas 76107 Tel:817.335.1121 s`U � TARRANT COUNTY,TEXAS 8 FIRM REGISTRATION 10098100 G O L- �� 2019 MaY 3 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 6/7/2019 DATE: Tuesday, May 7, 2019 REFERENCE NO.: L-16216 LOG NAME: 80CHAMBERLIN PARK ONCOR EASEMENT SUBJECT: Conduct Public Hearing and Authorize Use of a Portion of Chamberlin Park for an Electrical Service Line and Authorize the Conveyance of an Easement to Oncor Electric Delivery Company LLC (COUNCIL DISTRICT 3) 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 Chamberlin Park for the proposed location of the electrical easement; 3. Find that the proposed electrical easement includes all reasonable planning to minimize harm to the parkland, including that all infrastructure and equipment will be constructed in Chamberlin Park as specified on the attached exhibits and as noted in the discussion below; 4. Close the public hearing and authorize use of approximately 0.124 acres of dedicated parkland at Chamberlin Park for the proposed electrical easement; and 5. Authorize the execution and recording of all necessary documents to complete the conveyance of an easement to Oncor Electric Delivery Company LLC. . Chamberlin Park - Located at 4689 Halloran Street, south of Farnsworth Ave, west of Horne Street, north of Manhattan Drive, east of Hallogran Street; in COUNCIL DISTRICT 3 DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to authorize the granting of an electrical easement to Oncor Electric Delivery Company LLC, at Chamberlin Park (Park) for the purpose of installing an electrical service line. The City of Fort Worth is requesting the use of the Park for the installation of an Oncor electrical service line. The improvements are necessary for the construction and future operation of the new Como Community Center. The project involves the installation of an Oncor electrical line and transformer for the new community center. The electrical line will be bored underground to limit overhead impacts to the Park. The Oncor improvements will encompass approximately 5,400 square feet of easement area within the Park. Logname: 80CHAMBERLIN PARK ONCOR EASEMENT Page I of 2 Equipment Width Length Total (feet) (linear feet) (square feet) Electrical line �(� 10 F 500 M1 - —5000 ransformer pad 20 m 20 400 otal _ 30 520 __ —. _ 5400 In accordance with the Texas Parks and Wildlife Code, Chapter 26, the City of Fort Worth seeks to convert approximately 0.124 acres of parkland for the purpose of a electrical easement on park property. On March 27, 2019 the Park & Recreation Advisory Board endor_,ed staffs recommendation to the City Council to authorize the use of a portion of parkland for an Oncor a ectrical easement. In accordance with State law, public notice of the hearing was advertised in the Fort Worth Star-Telegram on April 11, 2019, April 18, 2019 and April 25, 2019. An exhibit map was available for public review at the Park & 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 president of the Como Neighborhood Association on April 8, 2019. Signage was posted at the site noting the proposed use and providing instructions for directing comments to the Park & Recreation Department. Staff will note any public comment received during the public hearing Report of City Staff. Chamberlin Park is located in COUNCIL DISTRICT 3. 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 # �Amoun 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) Originating Department Head: Richard Zavala (5704) Additional Information Contact: David Creek (5744) ATTACHMENTS 1. A Chamberlin park.pdf (Public) 2. Chamberlin park O Location.pdf (Public) Logname: 80CHAMBERLIN PARK ONCOR EASEMENT Page 2 of 2