The URL can be used to link to this page

Home My WebLink AboutContract 36904 CITY CONTRACT NO y0 9 0 STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT § This Temporary Ingress and Egress/Construction Easement Agreement(this Agreement) is entered into between the City of Fort Worth, Texas, a municipal corporation of Tarrant County Texas ("GRANTOR") and Southwestern Bell Telephone Company, d/b/a AT&T Texas ("GRANTEE"). For and in consideration of$10.00 and other good and valuable consideration, the sufficiency of which is hereby acknowledged, and in consideration of the covenants contained herein, GRANTOR and GRANTEE agree as follows: 1. Subject to the terms of this Agreement, GRANTOR hereby grants and conveys to the GRANTEE a Temporary Ingress and Egress(the "Easement") onto Paddock Park described in the attached Exhibit"A", hereinafter referred to as the"Property". This grant and conveyance is made subject to all matters of record affecting the Property 2. The term of this Easement shall be for thirty(30) days upon the execution of this Agreement. 3. The Easement shall only be used for the purpose of performing staging of equipment, ingress and egress, and minor construction as necessary for installation of the proposed conduit for the fiber optic line to be located within the right of way(sidewalk)that abuts Paddock Park. Grantee shall also have the right to dig a bore pit as indicated on plans previously provided to Grantor. 4. GRANTEE shall have access across the property as indicated on the can for the purpose as described in Section 3 above. GRANTOR acknowledges and agrees that GRANTEE's access shall be with vehicles, equipment and employees or contractors. The Easement shall include the right of Grantee and its employees, agents, representatives, or contractors to access the aforementioned Property for the purposes stated herein. 5. GRANTEE shall restore the surface of the Property and surrounding property to the condition it was in immediately prior to accessing the Property under this Easement. 6. The Easement is not assignable by the GRANTEE without the prior written consent of GRANTOR,which shall not be unreasonably withheld. 03-25-08 P01 : 23 IN 7. 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 entities for the correction, prevention, and abatement of nuisances in or upon or connected with said premises because of GRANTEE's use thereof. 8. GRANTOR shall not be liable to GRANTEE for any damage or theft of GRANTEE's equipment, facilities, or other contents except, when caused by the willful misconduct of GRANTOR, its agents, servants, or employees. 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 thereto. 9. It is agreed that this grant covers all the agreements between the parties and that no representation or statements, verbal or written, have been made modifying, adding to, or changing the terms of this Agreement. TO HAVE AND TO HOLD the above-described temporary easement, together with all and singular the rights and appurtenances thereto in anyway belonging unto GRANTEE and GRANTEE's successors and assigns for so long as the right and easement herein granted: and GRANTOR does hereby bind itself and its successor and assigns to warrant and forever defend all and singular the Easement unto GRANTEE, its successor and assigns, against every person whomsoever lawfully claiming or to claim the same, or any part thereof. When the context requires, singular nouns and pronouns include the plural. GRANTEE: GRANTOR: City of Fort Worth Carl SWA�city Manager MANAG"- P."E'6L FL W.NORTH 1116 HOUSTON ST. ROOM 1405 FORT APPROVED AS TO FORM AND LEGALITY Attested By. Assistant City Attorney City Seeretu,r19 NO M&C °QUIRED L' ' G 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 TC H ki TE-Lt 0 c,i 61L known to me to be the same person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of and that he/she executed the same as the act of said for the purposes and consideration therein expressed and in the capacity therein stated. �y GIVEN UNDER MY HAND AND SEAL OF OFFICE this J day of 20 SANORA VVW e• Notary Public,$Mlle of%= My Cummission Esponwime Notary Public in and for the State of Texas ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF TARRANT § CAR L G,.54W'i BEFORE ME,the undersigned authority, on this day personally appeared known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of the City of Fort Worth, Texas, a municipal corporation of Tarrant County, Texas, for the purpose and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this_day of 20 Der . ROSELLA BARNES ' :'= MY COMMISSION EXPIRES �P March 31,2009 /Gt�� Notary Public in and for the State of Texas GR _ U/G TELE ONE LINE SPR PER "D( E i 1LET GTESS" J PER 'D1 T Srr / MET R o _---e I 0 0 0 E) EE STOP SI TE IOC. NIT" ARY SEW INE VER DEEP tw— 0 0 ING„ _CATER s r A U LT— METERS \ t d l •�' �® SIGN PADDOCK PARK NOTItS l ��r GAS METERz IY 1. Areas for machine shall be limited to 10'x 20'as indicated on this plan. l M ® 2. Be aware of location of all lr a and tree wells that art adjacent and within So feet 1 t •e / ❑TRAFFIC Sof eeu,-oleos. lGNAL BOX 3. See scale on the plan. r!! 4- All bore pits shall be 3'x 6'm indicated on plan. 5. All bores l be at a depth 6. All concrete)ete o be removed for 4sidewalk shall be broken up and removed by hand. - All dirt around for the bore pit shall be)rand dug to prevent damage to the roots, 7. Prior to removal of concrete,the eoniractor shall contact the Melinda Adams at 817-871-5705•to inspect the work done. S. Iftrees are damaged during inspection,then lire inspector may assess u-calmcut for I -y \� 9- Tree til damageds willneed to replaced. I 10.Prior to replacement of sidewalk the contractor*ball contact Melinda Adams for ' inspection. 11.All areas disturbed shall be replaced o existing conditions or boner O �'�� i 2.The installation of the line will ran be on park property. 13.Conduit trench alongflouson St shall be hand du to prevent damn a to tree WATEROTRAFFIC CONCRETE ruotx 8 P 8 METER !� SIGNAL 80X WALL 14.Cuntracrur shall wrap boards around all trees specified at on site meeting.(Trm / \ Protection Plan) 15.Access to park shall be from Relknap St.using wooden tamp and place plywood �f on ground where bore rigs need to go. ` �� 16.eq night bore rig will have lighted barricades with orange daylight fence arcfi d the equipment. Orange plastic fencing shall be used during daylight wnttnxtion. 0 17.Prior to Construction contact Cornell Gordon 48 hours in advance at 817-871- 5764 for inspection of protecion measures. J Si KING' 5J'mBI)r_s O IIEe Pops s. 0 \ �� /P ( O PITS S O `\ ALE N I"= 20' I o � GAY wk't ; O �• ) CONDLIN SHALL RE PLACED 1' - - / INSIDE BACK EDGE OF SIDEWAI.k UTILI •I i� !i �( ?j��,,(p�A, L_- VAU f d330 Al J3A) ��