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Home My WebLink AboutContract 38756City of Fort Worth ROW Crossing Contract ITY ONTRACTENI�RI� g1Jr�o 21 - Syvaco RIGHT OF WAY CROSSING CONTRACT r r-� v STATE OF TEXAS _ - 0 COUNTY OF TARRANTcjq rd- - THIS AGREEMENT is made and entered into this � day of P r i 2007 by and between the CITY OF FORT WORTH, whose mailing address is 1000 Throckmorton Street, Fort Worth, Texas 76102, hereinafter called ("Owner") and SUNOCO PIPELINE L.P., a Texas limited partnership, with a mailing address of P.O. Box 5095, Sugar Land, TX 77487-5095 hereinafter called ("Sunoco"). `�'�iITNESSETri: WHEREAS, pursuant to the terms of a certain Easement agreement dated April 15, 1953 from Mrs. Johnie Day Beaton and Hugh Beaton, M.D., to Magnolia Pipe Line Company hereinafter called ("Magnolia") and recorded in Volume 2684 Page 92 of Tarrant County Records, Magnolia laid a pipeline through certain lands of the said Beaton property, as more fully described in said Easement agreement included herein by reference thereto; and WHEREAS, by Judgment rendered on January 5, 1954, a right of way was awarded from Parker Jameson and Lorraine Jameson to Magnolia Pipe Line Company hereinafter called ("Magnolia") and recorded in Volume 2657, Page 241 of Tarrant County Records, Magnolia laid a pipeline through certain lands of the said Jameson property, as more fully described in said Judgment, included herein by reference thereto; and WHEREAS, Sunoco is the successor in interest to Magnolia Pipe Line Company and owns and operates a 16-inch diameter petroleum pipeline (the "Pipeline") in Tarrant County, Texas, said pipeline being a part of Sunoco's Ringgold to Corsicana crude system; and WHEREAS, Owner desires to install a 42-inch diameter water transmission main (hereinafter collectively called "Improvements"), which will encroach upon Sunoco's Easement for the Pipeline; and Owner needs permission from Sunoco for the right to use a portion of its Easement for these purposes. NOW, THEREFORE, Sunoco agrees with Owner, that Owner may use such portions of Sunoco's Easement for these Improvements provided the 42" water line crossing the Pipeline in two places (as shown on Exhibit "A") shall be constructed crossing the Pipeline at 90 degrees and with a minimum of 24 inches (24") clearance below the Pipeline; 0C FOAL RECORD TYEECRETARY MI TX Provided further that Owner shall not build any aboveground permanent building, facility or structure, or allow any such aboveground permanent building, facility or structure to be placed or maintained within Sunoco's Easement. Owner, their agents and contractors shall give Sunoco not less than forty-eight (48) hours' notice prior to any proposed grading, excavation, construction or installation of any improvements over, under or near Sunoco's Pipeline and Easement. Such notice shall be by telephone to Marshall Murphy at 281-637-6416 and to Fred Russell at 817431-1181. Except as otherwise provided for herein, neither Owner nor its agents or contractors shall build any structures on, construct man-made surfaces or place bodies of water upon, plant any trees or shrubs, excavate or locate any utilities within, change the grade of, or use Sunoco's Easement, or any part thereof, in any way which will or may interfere with Sunoco's immediate and/or unimpeded access to Sunoco's Pipeline facilities located therein or otherwise interfere with Sunoco's lawful exercise of any of the rights herein granted or confirmed without first having obtained Sunoco's approval in writing. The installation, operation, maintenance and repair of the Improvements by Owner shall be done in a manner as will not interfere with the proper and safe use, operation and enjoyment of Sunoco's Pipeline and Easement. Owner agrees with Sunoco that Owner will not hold Sunoco liable for any damage to the Improvements which may occur in the operation and maintenance of Sunoco's Pipeline or Easement so long as such operation and maintenance is in conformance with the standards set forth in the next sentence, and further that Owner cannot hold Sunoco liable for any maintenance to Owner's Improvements. In addition, Sunoco agrees to use reasonable care when operating and maintaining its pipeline. Owner agrees to the limitation of its use as recited above, and further agrees that it will promptly and fully compensate Sunoco for, and require its contractor to name Sunoco as an additional insured on its Certificate of Insurance for any damages or injury to Sunoco's Pipeline incurred by reasons of acts of its agents, servants or employees, independent contractors or others, during construction of the Improvements, or thereafter, related to the maintenance, operation or use of the Improvements and the premises therein. Owner further agrees to save Sunoco free and harmless from any damage, cost or injury, including attorneys fees, to third parties or their property, arising from the construction, maintenance, operation or use of the Improvements and the premises therein, by Owner, its agents, servants, employees or contractors. City of Fort Worth ROW Crossing Contract Owner is advised and agrees that Sunoco must maintain and operate its Pipeline in accordance with the requirements of the Department of Transportation and other governmental regulatory bodies, and Owner herein expressly waives its rights to recover from Sunoco any damages to its Improvements unavoidably incurred by acts of Sunoco in complying with such regulations. Both Parties agree the uses and covenants recited herein shall inure to and be binding on the Parties hereto, their successors and assigns, lessees and sub -lessees. IN WITNESS WHEREOF, we have hereunto signed our names the day and year first above written. SUNOCO PIPELINE L.P., a Texas limited partnership By: Sunoco Logistics Partners Operations GP LLC, a Delaware limited liability company, as its g9peral partner By: ul S CITY OF FORT WORTH byo ��glt(,�rll�, Ciity Contract Authorizatiox 4taL - City of Fort Worth ROW Crossing Contract By: rc Vice President Assista'�it City Manager r�,STSTANT CITY ATTORNEY AGENT '_ # - 7/ S C. _j ACKNOWLEDGEMENTS STATE OF TEXAS ) COUNTY OF FORT BEND ) Before me, a Notary Public in and for said county and state, on this Z3rday of r ; 1 , 2007 personally appeared Paul S. Broker, to me known to be the identical person who subscribed the name of the maker thereof to the foregoing instrument as Vice -President of Sunoco Logistics Partners Operations GP LLC, a Delaware limited liability company, in its capacity as general partner of SUNOCO PIPELINE L.P., a Texas limited partnership, and acknowledged to me that he executed the same as his free and voluntary act and deed, and as the free and voluntary act and deed of such corporation for the uses and purposes set forth. Witness my hand and official seal this thee&L.�day of 2007. SHARON J. WI11 "tom aY COMMISSION EXPIRES November 21, 2007 •.,rF„ My CommigtibWSW110*57 STATE OF TEXAS ) COUNTY OF TARRANT ) Notary Public BEFORE ME, the undersigned authority, on this day personally appeared Marc A. Ott, 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, a municipal corporation of Tarrant County, Texas, for the purpose and consideration therein expressed and in the capacity therein stated. Witness my hand and official seal this the ,.LL day of , 2007. N caYr My Commission Expires: %� :�� %��v I�I�:TTIE �.ANE %� Ml' C��nYf��15510N EXPIRES r , r July 26, 2007 File Nos. RC-1 511 RC-153 L_ City of Fort Worth ROW Crossing Contract CITY FW REAL PROPERTY 900 MONROE ST #302 FT WORTH, TX 76102 Submitter: CITY OF FORT WORTH/REAL PROPERTY - 001 ZCF%A SUZANNE HENDERSON TARRANT COUNTY CLERK TARRANT COUNTY COURTHOUSE 100 WEST WEATHERFORD FORT WORTH, TX 76196=0401 WARNING - Filed kr Registration: D207152019 DO NOT DESTROY IS PART OF THE OFFICIAL RECORD. 05/03/2007 09:54 AM D207152019 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. Page I of 1 Mayor and Council Communication COUNCIL ACTION: Approved on 4/3/2007 DATE: Tuesday, April 03, 2007 LOG NAME: 305269 SUNOCO REFERENCE NO.: "*C-22034 SUBJECT: Authorization to Enter into a Right -of -Way Crossing Contract with Sunoco Pipeline, L.P., for a 42 Inch Water Line within a Sunoco Pipeline, L.P., Easement Located in North Fort Worth (DOE 5269 - 0812) RECOMMENDATION: It is recommended that the City Council authorize the City Manager to enter into a right-of-way crossing contract with Sunoco Pipeline, L.P., for a 42 Inch Water Line within a Sunoco Pipeline, L.P., easement located in north Fort Worth. DISCUSSION: The right-of-way crossing contract is needed to allow construction, operation, maintenance and repair of the Northside II 42 Inch Water Main. The crossing will occur at two points. Crossing one will be at Intermodal Parkway and Railhead Drive in the City of Haslet. Crossing two will be at Intermodal Parkway north of FM 156 in Council District 2. The water main will serve the Alliance Airport Area, and the Sendera Ranch Pump Station and Ground Storage Tank. The contract will be entered into at no cost to the City. Crossing one is located in the City of Haslet, Mapsco 2, Mapsco 6M. 7N. Crossing two is located in COUNCIL DISTRICT FISCAL INFORMATION /CERTIFICATION: The Finance Director certifies that this action will have no material effect on City funds. FUND CENTERS: TO Fund/Acc%0%aII enters CERTIFICATIONS: Submitted for City Manager's Office bysm Originating Department _Head: Additional Information Contact: ATTACHMENTS No attachments found. FROM Fund/Account/Centers Marc A. Ott (8476) A. Douglas Rademaker (6157) Willie Ingram (6645) http://apps.cfwnet.org/ecouncil/printmc.asp?id=7370&print=true&DocType=Print 6/24/2009 l[�A7I IEa June 24, 2009 'I'®e 1�[arty Hendrix, City Secretary City Secretary's Office FROM: Jill D. Griffin . d TPW/ Right -of -Way and Easements RE: Right -of Way Crossing Contract Mc�iC #C-22034 Approved 04/03/2007 COMMENTS: Attached is aRight-of--Way Crossing Contract recorded at the Tarrant County Courthouse forwarded to your department for filing in the official records of the City of Fort Worth. Thank you. Thank your for your help in this matter. TRANSPORTATION AND PUBLIC WORKS DEPARTMENT THE CITY OF FORT WORTH * lOOO THROCKMORTON STREET * FORT WORTH, TEXAS 76102 817-392-7800 FAx 817-392-8092