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HomeMy WebLinkAboutContract 42992 (2)District: Benbrook WR#: 3141455 G L N: 380%19/ 3 57 9 9 5v ER#: I LJAS EnfMh'NT ANF) RIGHT OF WAY CITYSECRETARY CONTRACT NO0 q 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 for overhead and/or underground electric supply to service the Fort Worth Botanic Garden (the "Facility"), consisting of a variable number of wires and cables, supporting structures, surface mounted equipment, conduits, and all necessary or desirable appurtenances over, under, through, across, and upon Grantor's land described as follows: BEING a 0.1304 acre tract of land situated in the Thomas White Survey, Abstract Number 1536, located in the City of Fort Worth, Tarrant County, Texas, being part of the tract of land described in deed to the City of Fort Worth, recorded in Volume 3873, Page 108 of the Deed Records of Tarrant County, Texas, (D.R.T.C.T.), and being part of the tract of land described in deed to the City of Fort Worth, recorded in Volume 1843, Page 461, D.R.T.C.T., said 0.1304 acre tract being more particularly described as follows: COMMENCING at a found 1/2—inch iron rod with cap stamped 'Brittain & Crawford" for the most northerly northeast corner of a tract of land described in deed as 'Tract One" to Event Facilities, recorded in Document Number D202035150, D.R.T.C.T.; THENCE South 00 degrees 11 minutes 23 seconds West, along the common line between said City of Fort Worth tract and said 'Tract One", a distance of 14.00 feet to the POINT OF BEGINNING; THENCE South 89 degrees 49 minutes 25 seconds East, departing said common line, a distance of 332.17 feet to a point for comer; THENCE North 33 degrees 55 minutes 34 seconds East, a distance of 12.64 feet to a point for corner; THENCE South 56 degrees 04 minutes 26 seconds East, a distance of 5.00 feet to a point for corner; THENCE South 33 degrees 55 minutes 34 seconds West, a distance of 15.31 feet to a point for corner, THENCE North 89 degrees 49 minutes 25 seconds West, a distance of 329.84 feet to a point for comer; THENCE South 00 degrees 11 minutes 23 seconds West, a distance of 788.70 feet to a point for corner; THENCE North 89 degrees 52 minutes 13 seconds West, a distance of 5.00 feet to a point for corner, said comer being the southeast corner of said 'Tract One"; THENCE North 00 degrees 11 minutes 23 seconds East, along the east line of said 'Tract One", a distance of 793.71 feet to the POINT OF BEGINNING and containing 0.1304 acres, or 5,681 square feet of land, more or less. A map showing the location of the easement is attached hereto as Exhibit "A" and incorporated herein. Together with the right of ingress and egress along and upon said easement and right- of-way and over and across Grantor's adjoining properties for the purpose of and with the right to construct, maintain, operate, repair, remove, replace, reconstruc:, abandon-ifvplace, OFFICIAL : RECORD MTV SECRETARY Fli o WORyf; i T ,C Page l of 4 and to change the size and capacity of said facilities; the right to relocate said facilities within the easement area, the right to prevent excavation within the easement area; the right to prevent construction of, within the easement area, 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 said easement area, 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. Grantor shall not make changes in grade, elevation or contour of the land or impound water within the easement area as described above without prior written consent of Grantee. Notwithstanding anything herein to the contrary, Grantee agrees to coordinate with Grantor's Parks and Community Services Department ("PASCD") prior to the relocation or removal of said facilities; that Grantee agrees that any removal of trees shall not occur without prior notification of PASCD; and Grantee agrees prior to the use of any herbicides within the Fort Worth Botanic Garden to obtain the approval of PACSD. Grantee's underground facilities shall be installed by boring and any bore established shall be at a minimum depth of four (4) feet. Grantee shall have full access to the surface of the easement in order to conduct such boring and installation of Grantee's overhead and underground facilities, which shall include locating bore pits within the easement. After initial installation, Grantee shall have the right to access its facilities directly from the surface of the easement in order to perform necessary maintenance and repair, provided, however, that in effecting such maintenance and repair, Grantee shall take all reasonable measures to minimize negative impact to the surface of the easement and the Botanic Garden. Grantor will provide Grantee access to the overhead and underground Oncorfacilities covered by this easement. Grantee shall properly maintain such property during initial construction and subsequent maintenance and repair, and at the conclusion of any construction maintenance, or repair, Grantee shall remove all construction debris and other materials from such property and restore such property to a condition that is at least as good as the condition in which such property existed immediately prior to the commencement of Grantee's construction, maintenance, or repair thereon or in proximity thereto. 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 negligence or 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 premises because of Grantee's use thereof. Page 2 of 4 Grantor reserves the right to use the land within the above described easement area for purposes not inconsistent with Grantee's use of such property, 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 and right-of-way unto the said Grantee, its successors and assigns, until all of said electric lines 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 hereby binds himself, his heirs, successors, assigns, and legal representatives, to warrant and forever defend the above described easement and right-of-way unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. EXECUTED this Lit" day of March , A. D. 2012. __,nontx-vtaitt C1fl�"P° 0-r 0 g ‘ _ } t)*Z3 t� `` 0() °00° ad p000 `‘44 a ,k Y GRANTOR: CITY OF FORT WORTH SusrrAtanis, Assistant City Manager APPROVED AS TO FORM AND LEGALITY B y • Denis McElroy Assistant City Attorney CFW Authorization - M&C L-15312 GRANTEE: Accepted by: ONCOR ELECTRIC DELIVERY COMPANY LLC By: Jill LAfvarez, Attorney -In -Fact Page 3 of 4 -a-_ -! OF #Cj L RECO 10 CITY SECRETARY1 STATE OF TEXAS COUNTY OF TARRANT ILhOLVV. . BEFORE ME, the undersigned authority, on this day personally appeared ftb" u US, , 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE this VI�1 ojtck\ STATE OF TEXAS COUNTY OF TARRANT , A. D. 2012 1 /lY rtJwhn 0,1 Notary Public in and for the State c .. f Texas I lug LINDA M. MALINGER MY CaMMISSION EXPIRES February 2, 2014 J a day of BEFORE ME, the undersigned authority, on this day personally appeared Jill L. Alvarez,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 she executed the same for the purposes and consideration therein expressed, in the capacity therein stated and she is authorized to do so. qs1-4 day of GIVEN UNDER MY HAND AND SEAL OF OFFICE this 1144)LeAl , A. D. 2012. 41/f�+QAAAAAAAAAAAA AsAAtiAAAA QA AALt___ AA r'S A AA A A SI'AEON JOHNSON My Commission Fxpfres February 12, 2010 Notan/Public in and fathe State of Texas Page 4 of 4 EXHIBIT A LOT A, BLOCK 1 EVENT FACILITIES FORT WORTH, INC. TRINITY VALLEY INDUSTRIAL ADDITION DOCUMENT NUMBER VOLUME 388-98, PAGE 21 P.R.T.C.T. D208394839 D.R.T.C.T. POINT OF BEGINNING 0 0 0 N 0 C � W W 0 0 0 0 a 1 POINT OF COMMENCEMENT FOUND 1/2' IRON ROD WITH CAP STAMPED "BRITTAIN & CRAWFORD" (CONTROWNG MONUMENT) 31 1.64' 14.00' S89'49'25”E N89 49'25'W REMAINDER OF LENA EVANS CAWER, ALBERT D. EVANS, & ETHEL EVANS VOLUME 326, PAGE 387 D R T C.T. (THIS AREA IS CURRENTLY IN USE BY THE CITY OF FORT WORTH BOTANIC GARDENS) N33'55'34"E_ FOUND 5/8" IRON ROD 12.64' YATH CAP STAMPED "DUNAWAY ASSOC. LP" (CONTROWNG MONUMENT) 332.17' 329.84' ONCOR ELECTRIC DEUVERY COMPANY LLC EASEMENT 0.1304 ACRES (5,681 SQUARE FEET) CITY OF FORT WORTH VOLUME 3873, PAGE 108 D.R.T.C.T. D.R.T.C.T. = Deed Records of Tarrant County, Texas P.R.T..C.T. = Plot Records of Tarrant County, Texas NOTE: The bearings shown hereon are based upon the NAD83, Texas State Plane Coordinates, North Central Zone, 4202. AL T k L akor akar atter 550 Easy Avenue • Suite CO • Fort Worth. Tema76107 Tel: B17.325.1121 • Fac 817.335.7437 A metes and bounds description of even date accompanies this drawing. DATE:OCTOBER 21, 2011 S33'55'34"Vi' 15.31 sici e %-636 Iv' Vr S56'04'26"E rS.Do' SCALE • 9•= 60' Page 1 of 3 ONCOR ELECTRIC DELIVERY COMPANY LLC EASEMENT 01304 ACRES CITY OF FORT WORTH TARRANT COUNTY, TEXAS JOB NO. 2010066.003 EXHIBIT A 0 CO- N N Ei:u0 J_ Z 0 1.34 O t Ugh Zz ztrzo ui �>- W z 0 O 0 ;I tri cn co Nm ,I w N n I� 010 Z cn 3 1 —ONCOR ELECTRIC DELIVERY 1 COMPANY LLC EASEMENT 0.1304 ACRES (5,681 SQUARE FEET) TI ,I I N89'52'13"W 5.00' CITY OF FORT WORTH VOLUME 3873, PAGE 108 D.R.T.C.T. CITY OF FORT WORTH VOLUME 1843, PAGE 461 D.R.T.C.T. �V 6g6 1�� 0,06 icse 135 D.R.T.C.T. = Deed Records of Tarrant County, Texas P.R. T.C.T. = Plot Records of Tarrant County, Texas NOTE The bearings shown hereon are based upon the NAD83, Texas State Plane Coordinates, North Central Zone, 4202. Amfty 550 Baby Avenue • Sutte 400 • Fat Worth, Teams 76107 Tat 817.335.1121 • Fms 8172357437 A metes and bounds description of even date accompanies this drawing. DATE: OCTOBER 21, 2011 • SCALE • in= 60' Page 2of3 ONCOR ELECTRIC DELIVERY COMPANY LLC EASEMENT 01304 ACRES CITY OF FORT WORTH TARRANT COUNTY, TEXAS JOB NO. 2010066.003 EXHIBIT A 550 BatayAvenue • &41e 400 • Fat Worth, Texas 76107 1e1:817.335.1121 • Fac 817.3357437 ONCOR ELECTRIC DELIVERY COMPANY LLC EASEMENT DESCRIPTION BEING a 0.1304 acre tract of land situoted in the Thomas White Survey, Abstract Number 1636, located in the City of Fort Worth, Tarrant County, Texas, being part of the tract of land described in deed to the City of Fort Worth, recorded in Volume 3573, Page 108 of the Deed Records of Tarrant County, Texas, (D.R.T.C.T.), and being part of the tract of land described in deed to the City of Fort Worth, recorded in Volume 1843, Page 461, D.R.T.C.T., said 0.1304 acre tract being more particularly described as follows: COMMENCING at a found 1/2—inch iron rod with cop stamped trittain & Crawford" for the most northerly northeast comer of a tract of land described in deed as 'Tract One" to Event Facilities, recorded in Document Number D202035150, D.R.T.C.T.; THENCE South 00 degrees 11 minutes 23 seconds West, along the common line between said City of Fort Worth tract and said 'Tract One", ❑ distance of 14.00 feet to the POINT OF BEGINNING; THENCE South 89 degrees 49 minutes 25 seconds East, departing said common line, a distance of 332.17 feet to a point for comer, THENCE North 33 degrees 55 minutes 34 seconds East, a distonce of 12.64 feet to a point for corner; THENCE South 56 degrees 04 minutes 26 seconds East, a distance of 5.00 feet to a point for corner, THENCE South 33 degrees 55 minutes 34 seconds West, a distance of 15.31 feet to a point for corner, THENCE North 89 degrees 49 minutes 25 seconds West, a distance of 329.84 feet to a point for comer, THENCE South 00 degrees 11 minutes 23 seconds West, o distance of 788.70 feet to a point for comer; THENCE North 89 degrees 52 minutes 13 seconds West, a distance of 5.00 feet to a point for corner, said comer being the southeast corner of said 'Tract One"; THENCE North 00 degrees 11 minutes 23 seconds East, along the east line of said 'Trott One", a distance of 793.71 feet to the POINT OF BEGINNING and containing 0.1304 acres, or 5,681 square feet of land, more or less. NOTE The bearings recited herein are based upon the NAD83, Texas- State Plane Coordinates, North Central Zone, 4202. r"'fe01-tf � Akar I`',�P�... 4 �`e 4' 'Dr�G rrC,•.,cP :` e�` e.7- O. ' r'lll ALAN.,,MOOR "":,., 55; 7 t ; A drawing of even date accompanies this metes and bounds description. DATE: OCTOBER 21, 2011 Page 3 of 3 ONCOR ELECTRIC DELIVERY COMPANY LLC EASEMENT 01304 ACRES CITY OF FORT WORTH TARRANT COUNTY, TEXAS JOB NO. 2010066.003 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 1/24/2012 DATE: Tuesday, January 24, 2012 REFERENCE NO.: L-15312 LOG NAME: 80BOTANIC GARDEN ONCOR RELOCATION SUBJECT: Conduct a Public Hearing and Authorize Use of a Portion of the Fort Worth Botanic Garden for an Electric Utility Easement and Authorize Conveyance of Easement to Oncor Electric Delivery Company, LLC (COUNCIL DISTRICT 7) 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 the Fort Worth Botanic Garden for the location of the proposed electric easement servicing the Botanic Garden; 3. Find that the proposed Electric Utility Easement includes all reasonable planning to minimize harm to the parkland and including that all lines and equipment will be constructed in the Fort Worth Botanic Garden as specified on the attached Exhibits and as noted in the discussion below; 4. Close the public hearing and authorize the use of approximately 0.1304 acres of dedicated parkland at the Fort Worth Botanic Garden for an Electric Utility Easement; and 5. Authorize conveyance of an Electric Utility Easement to Oncor Electric Delivery Company, LLC, at the Botanic Garden: • Fort Worth Botanic Garden - located at 2000 University Drive, Mapsco, 76E and 76J, south of Harley Street, north of Interstate Highway 30 West, west of University Drive and east of Montgomery Street; in Council District 7 DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to authorize conveyance of an Electric Utility Easement to Oncor Electric Delivery Company, LLC (OED) at the Fort Worth Botanic Garden for the purpose of relocating existing electrical lines in connection with the installation of a retaining wall currently being constructed by Event Facilities Fort Worth, Inc. The Parks and Community Services Department has been approached by Event Facilities Fort Worth, Inc., (EFFW) requesting the use of approximately 0.1304 acres of parkland for relocation of Oncor utility lines within the Fort Worth Botanic Garden (BG) property. The utility line is being relocated in connection with the construction of the previously authorized retaining wall, which was endorsed by the Parks and Community Services Advisory Board (PACSAB) on July 27, 2011 and authorized by the City Council on August 9, 2011 (M&C L-15226). Logname: 80BOTANIC GARDEN ONCOR RELOCATION Page 1 of 2 The proposed use will allow for the current utility lines to be relocated to the western boundary of the property, just outside of the Japanese Garden. There will be no interruption of service for the proposed relocation. The existing lines servicing the BG are overhead lines and the new proposed utilities will be installed underground. In accordance with Texas Parks and Wildlife Code, Chapter 26, the City of Fort Worth seeks to use approximately 0.1304 acres of parkland for the purpose of providing an Electric Utility Easement Attached for reference are Exhibits showing the proposed site and the method of installation. On November 16, 2011, the Parks and Community Services Advisory Board endorsed Staffs recommendation to the City Council to authorize the use of approximately 0 1304 acres of parkland in the Fort Worth Botanic Garden as proposed. In accordance with State law, public notice of the hearing was advertised in the Fort Worth Star-Telearam on December 27, 2011, January 3, 2012, and January 10 2012. An Exhibit map was available for public review for 30 days at the Parks and Community Services Department's Administrative offices located at 4200 South Freeway, Suite 2200 A letter announcing the proposed use was sent to the president of the Arlington Heights Neighborhood Association on January 3, 2012. Signage was posted at the site noting the proposed use and providing instructions for directing comments to the Parks and Community Services Department. During the report of City Staffs portion of the public hearing Staff will note any public comment received. The Fort Worth Botanic Garden is located in COUNCIL DISTRICT 7 and serves the entire City. FISCAL INFORMATION / CERTIFICATION. The Financial Management Services Director certifies that this action will have no material effect on City Funds. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers CERTIFICATIONS: Submitted for City Manager's Office bv: Oriainatina Department Head: Additional Information Contact: Susan Alanis (8180) Richard Zavala (5704) David Creek (5744) ATTACHMENTS 1. MAYOR AND COUNCIL COMMUNICATION aerial.doc (Public) 2. MAYOR AND COUNCIL COMMUNICATION utility doc (Public) Logname: 80BOTANIC GARDEN ONCOR RELOCATION Page 2 of 2