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HomeMy WebLinkAboutContract 36092 CITY SECRETARY Y� CONTRACT NO. S�Q�a EASEMENT AND RIGHT OF WAY TRACT THE STATE OF TEXAS § COUNTY OF TARRANT § That, The City of Fort Worth, 1000 Throckmorton Street, Fort Worth, Texas 76102 hereinafter called "Grantor," 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, a Texas Corporation, 1601 Bryan St , Dallas, Texas 75201, hereinafter referred to as "Grantee", has granted, sold and conveyed and by these presents does grant, sell and convey unto said Grantee, its successors and assigns, an easement and right-of-way ("Easement") for electric power and communications lines, each consisting of variable number of wires and cables, and all necessary or desirable appurtenances including supporting structures, guy wires and guy anchorages over, under, across and upon all that certain tract(s) of land located in Tarrant County, Texas, more particularly described in Exhibit(s) -(and-), attached hereto and made part hereof. SEE SUBJECT PROPERTY MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS ON THE ATTACHED EXHIBIT "A" AND "B", INCORPORATED HEREIN BY REFERNCE FOR ALL PURPOSES Together with the right of ingress and egress over and along the Easement and over Grantor's adjacent lands to or from the Easement for the purpose of and with the right to construct, operate, improve, reconstruct, repair, inspect, patrol, maintain and remove such electric power and communications lines as the Grantee may from time to time find necessary, convenient or desirable to erect thereon, the right to install gates in all existing and future fences crossing the easement and right-of-way, provided such gates will be installed in a manner that will not weaken such fences, the right to relocate its facilities along the same general direction of said lines, 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 trim and cut down trees and shrubbery on the easement and right-of-way, including by use of herbicides or other similar chemicals approved by the U.S. Environmental Protection Agency, to the extent, in the sole judgment of the Grantee, necessary to prevent possible interference with the operation of said lines or to remove possible hazard thereto, and the right to remove at Grantor's expense or to prevent the construction on the Easement of any or all buildings, structures and obstructions. Grantor shall not make or cause any changes in grade, elevation, or contour of the land (except those associated with normal agricultural activities) within the Easement EASEMENT AND RIGHT OF WAY Page I .�JJ1u�Jl�P V.. ?o L__m. described herein without first providing advance notice and obtaining prior written consent to do so from Grantee. If written consent is not obtained prior to any action by Grantor that causes any changes in grade, elevation, or contour of the land within the easement and right-of-way, Grantor shall, upon demand from Grantee, at Grantor's expense, restore the Easement to its previously existing condition, or reimburse Grantee fully for the cost of adjusting its facilities as necessary to accommodate the change in grade, elevation, or contour of the land within the easement and right-of-way in the event Grantor fails to promptly restore the grade, elevation, or contour to its previously existing condition. Grantor shall not perform any excavations, trenching, or other soil disturbing activities (except those associated with normal agricultural activities) that, in the sole judgment of Grantee, will endanger the integrity of the supporting structures and/or foundations, as applicable, or perform any other activities that may, in the sole judgment of Grantee, remove, reduce, or adversely affect or impact the lateral support of the supporting structures and/or foundations, as applicable, without first providing advance notice and obtaining prior written consent to do so from Grantee. If prior written consent is not obtained by Grantor prior to performing any excavation, trenching or other soil disturbing activity that endangers the integrity of the supporting structures or foundations, as applicable, Grantor shall, upon demand from Grantee, at Grantor's expense, restore the easement and right-of-way to its previously existing condition, or reimburse Grantee fully for the cost of adjusting its facilities as necessary to accommodate the excavation, trenching, or soil disturbing activity in the event Grantor fails to promptly restore the easement and right-of-way to its previously existing condition or cannot do so. Grantor reserves the right to use the easement and right of way area provided such use shall not include the growing of trees thereon or any other use that might, in the sole judgment of the Grantee, interfere with the exercise by the Grantee of the rights hereby granted. Grantor further reserves the right to lay out, dedicate, construct, maintain and use across said strip such roads, streets, alleys, railroad tracks, underground telephone cables and conduits and gas, water and sewer pipe lines as will not interfere with Grantee's use of said land for the purpose aforesaid, provided all such facilities shall be located at angles of not less than 45 degrees to any of Grantee's lines, and shall be so constructed as to provide with respect to Grantee's wires and other facilities the minimum clearances provided by law and recognized as standard in the electrical industry. Grantor also reserves the right to erect fences not more than 8 feet high across said land, provided all such fences shall have gates, openings, or removable sections at least 12 feet wide which will permit Grantee reasonable access to all parts of said land. In addition to the consideration above recited for the easement and right-of-way hereby granted, the Grantee will pay to the owner of the land, and, if leased, to his tenant, as they may be respectively entitled for actual damages to fences and growing crops and improvements located on the easement and right-of-way caused by reason of the construction, maintenance or removal of said lines; provided, however, that no such payment will be made for trimming or removal of trees hereafter permitted to grow on the easement and right-of-way, nor for removal of buildings, structures, or obstructions erected EASEMENT AND RIGHT OF WAY Page 2 upon the easement and right-of-way after granting of this easement and right-of-way. TO HAVE AND TO HOLD the above described easement and right-of-way unto the said Grantee, its successors and assigns, until all of said lines and facilities shall be abandoned, and in that event said easement and right-of-way shall cease and all rights herein granted shall terminate and revert to Grantor or Grantor's heirs, successors or assigns; and Grantor does hereby bind Grantor and Grantor's heirs, successors assigns, and legal representatives to warrant and forever defend the above described easement and right-of-way unto the Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. This easement may be assigned in whole or in part. EXECUTED as of this day of q,-I2007. GRANTOR: THE CITY,OF FORT WORTH By: Libby Watson Assistant City Manager fTv arty endrix: --itv Secretary APPROVED AS TO FORM AND LEGALITY \0 41An.L Contra t Aufhor i zatao 1--1 Assistant City Attorney Date GRANTEE: ONCOR ELECTRIC DELIVERY COMPANY By: jer Thomas F Newsom Attorney in Fact ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared G, `I I known to me to be the same person whose name is subs ribed to the foregoing instrument, and acknowledged to me that the same was the act of C I T ,' U 1- I';7 ji Q w t, rl tt and that he/she executed the same as the act of said U IE !�y( T G(/P/{�� for the purposes' and consideration therein expressed and in the capacity therein stated. /] GIVEN UNDER MY HAND AND SEAL OF OFFICE this l dl . day of 20 ANA L.BRISENO . Notary PuMissiState ofres Notary Public, State of Texas My Commission Expires March 07,2011 ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned author y, a N tar P blic in and for the State of Texas, on this day personally appeared ° known to me to be the same person whose name is subscri d o the foregoinginstrument, and acknowledged to me that the same was the act of -ffffA-)1tA d th he% ecuted the same as th , act of said Lvroc— tC for the purposes and consideration therein expressed and in the capaci therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this } day of No Pu lic, tate of e s +;iot�avr�ao,' JENNIFER MEEKER "= Notary Public,state of Texas My Commission Expires lB " December 05,2010 mbar EXHIBIT A ELECTRIC EASEMENT A strip of land situated in the Juan Jose Albirado Survey, Abstract No. 4 and the R.J. Ware Survey, Abstract No. 2008, being a portion of Southwest Community Park, an addition to the City of Fort Worth, shown by plat recorded in Cabinet B, Slide 1832, Plat Records of Tarrant County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a 1 inch iron rod found at the southeast corner of said Southwest Community Park, also being the southwest corner of the Crowley High School Addition, shown by plat recorded in Cabinet A, Slide 7380 of said Plat Records, said point being on the north right-of-way line of McPherson Boulevard; Thence North 68°00'52"West, with said right-of-way line, a distance of 347.27 feet to a 1 inch iron rod found at the beginning of a curve to the left, having a radius of 1460.00 feet, and a chord that bears North 79°16'18"West, 570.03 feet; Thence northwesterly, along said curve and said right-of-way line, an arc length of 573.71 feet to a 1 inch iron rod found at the end of said curve; Thence South 89°27'40"West,with said right-of-way line, a distance of 347.41 feet to the southwest corner of said Southwest Community Park, on an easterly boundary line of a tract of land described as Parcel 1 in the deed to CL Texas L.P., recorded in Volume 16835, Page 316, Deed Records of Tarrant County, Texas; Thence North 19°49'08"West,with said line, a distance of 15.89 feet to a point for corner; Thence North 89°27'40" East, a distance of 197.84 feet to a point for corner; Thence North 00°32'20"West, a distance of 27.50 feet to a point for corner; Thence North 89°27'40" East, a distance of 10.00 feet to a point for corner; Thence South 00°32'20"East, a distance of 27.50 feet to a point for corner; Thence North 89°27'40" East, a distance of 144.82 feet to a point at the beginning of a curve to the right, having a radius of 1475.00 feet, and a chord that bears South 79°16'18" East, 575.89 feet; Thence southeasterly, along said curve, an arc length of 579.61 feet to a point at the end of said curve; Thence South 68°00'52" East, a distance of 340.95 feet to a point on the common line between said Southwest Community Park and said Crowley High School Addition; Thence South 00°51'35" East, with said line, a distance of 16.28 feet to the POINT OF BEGINNING and containing 0.444 acre of land, more or less. See Exhibit B for map. DATE: October 4, 2007 awrence E.Allee,TZPLS Texas Registration No. 4570 , o, It �s5vn dar,; EXHIBIT B 1 i, �¢ ate' N003220'W SOUTHWEST COMMUNITY PARK R=1475.00' a 27,,50' N89 27 4p'E CABINET 8, SLIDE 1832 �' 2 L=579.61' m� 10.00 S00322 E P.R.T.C.7� dQt N8927'4Q""E Q CL=575.89' I c a 197.84 27.50 p U " PRIVATE INGR jS EGRESS EASEMENT CB=S7976'18T Iy8927p49 E VOLUME 8428,PAGE 7467 O U _ e 144.82 N1949108 S8----0 W 3--- 7 1RF ROWDfO/CRIED -a.5.89------ - ---- -- -- eA�roEgr�-sdDe-�e.�l_ -McPHERSONimm.- —————— ((PLAT PENDING - RF `S�Bpp. WATER LINE EASEMENT CnY OF FORT WORTH \ \� .0 p VOL.9914,PG. 1559 RI=1460.00 B. D.R.T.C.T_ \`��� �-1"IRF L=573.71' \ CLL570.03' ELECTRIC CBTN7976'18"W EASEMENT 0.444 ACRE 1 1x Jw �R1�O BLOCK 54 PARCEL 1 1 z S�4 2 CL TEXAS L. P. 3 �. VOL. 16835, PC 316 I y. �Q. D.R.I.C.T. A 4 S � � `. 5 CZ 1. 6Q� I 7 2 1 ea I 1 � ri 2 I 3 NOTES: I 4 1. Bearings are based on the Texas State Plane 1 5 Coordinate System, North Central Zone (NAD83). 2. Integral parts of this survey. 6 a. Map BLOCK 53 b. Field notes \Q4 �ry BLOCK 4 JERRY SAVELLE MINISTRIES, INC. VOL. 11062, PG. 1656 24 25 D.R.T.C,T. 21 22 23 PANTHER HEIGHTS MAP SHOWING PROPOSED CAB.PR C T s 5064 ELECTRIC EASEMENT Located in the Juan Jose Albirado Survey, Abstract No. 4 And the R. J. Ware Survey, Abstract No. 2008 Fort Worth, Tarrant County, Texas 0 200 400 600 Feet L•\LDT\CSD07258\CAD\SURVEY\ELEC—ESMT2—REV.DWG WRENCE E. ALLLEE, R.P.L.S. G 9s TEAGUE NALL AND PERKINS c G N 8 a L 7 1 N G R N G 1 N E R R 8 TEXAS REGISTRATION No. 4570 """"•""""WRENCE E."""'•.. LA ALLEE 1 1 0 0 Macon Street ..y.....................ti... t•o 4570 Fort Worth, Texas 76102 October 3, 2007 10 (8 1 7) 3 3 6 — 5 7 7 3 �•'••. Es S;0''�O� Date: ���•SURN�� City of Fort Worth., Texas Mayor and Council Communication COUNCIL ACTION: Approved on 8/14/2007 DATE: Tuesday, August 14, 2007 LOG NAME: 80SWCPONCOR REFERENCE NO.: L-14373 SUBJECT: Authorize Conversion of Approximately .44 Acres of Parkland at Southwest Community Park for a Construction Easement for the Installation of Electrical Lines 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 exist for locating the proposed electrical line in Southwest Community Park; 3. Find that the proposed electrical easement includes all reasonable planning to minimize harm to the parkland; and 4. Close the public hearing and authorize the City Manger to convert approximately .44 acres of dedicated parkland for use as a construction easement to place electrical lines in the southern boundary of Southwest Community Park, being a portion of land situated in the R. J. Ware Survey Abstract No. 2008 and Juan Jose Albirado Survey, Abstract No. 4, as recorded in Clerk's Instrument No. D198117740, Deed Records, Tarrant County, Texas. DISCUSSION: The Parks and Community Services Department has been approached by Oncor Electric Delivery requesting a conversion of approximately .44 acres of parkland for a construction easement for electrical lines within Southwest Community Park. A 15-foot wide electrical easement is needed for installation of the lines along the southwest portion of the park. The electrical lines will service Crowley Middle School No. 3, which is currently under construction, West Summer Creek Ranch Subdivision, and any future development proposed within the area. In accordance with Texas Parks and Wildlife Code, Chapter 26, the City of Fort Worth seeks to convert approximately .44 acres of parkland for the purpose of installing electrical lines. Attached for the Council's reference is an exhibit of the proposed site for the electrical lines. On July 25, 2007, the Parks and Community Services Advisory Board endorsed staff's recommendation that the City Council authorize the conversion of approximately .44 acres of parkland at Southwest Community Park for use as a construction easement for installation of electrical lines. Their approval was contingent upon the service being located underground in conjunction with the construction of a potential joint use facility. Signage was posted at the site on July 7, 2007, announcing the proposed conversion and providing Logname: 80SWCPONCOR Page 1 of 2 instructions for directing comments to the Department. Letters announcing the proposed conversion were sent to the president of Summer Creek Neighborhood Association and Panther Heights Neighborhood Association on July 7, 2007. To date, the department has not received any comments related to this conversion. In accordance with state law the conversion was advertised in the Fort Worth Star-Telegram on July 24, July 30, and August 7, 2007. An exhibit map was provided for public review for 30 days at the Parks and Community Services Department administrative offices located at 4200 South Freeway, Suite 2200. The conversion is located in COUNCIL DISTRICT 6. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that this action will have not material effect on City funds. TO Fund/Account/Centers FROM Fund/Account/Centers Submitted for City Manager's Office b- Libby Watson (6183) Originating Department Head: Richard Zavala (5704) Additional Information Contact: Harold Pitchford (5728) Logname: 80SWCPONCOR Page 2 of 2