HomeMy WebLinkAboutContract 43758 (2)ECNmAY t
_ T00 ,mot
District: Benbrook
ER: 274707
AI\`_/ROACHMF T ON EASrANENT
WHEREAS, Oncor hlectric Delivery Company LLC ("Oncor") is the owner of an easement in
Tarrant County, Texas, which is recorded in Deed Instrument D212065629 of the Deed Records of
Tarrant County, Texas ("Easement"); and
WHEREAS, City of Fort Worth ("User") desires permission to construct and utilize a fence,
("Encroaching Facility") within the area or boundaries of the Easement ("Easement Area").
NOW, THEREFORE, in consideration of the mutual covenants contained herein, and other good
and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Oncor and
User do hereby agree as follows:
1. Location of Encroaching Facility. User may locate the Encroaching Facility in the
Easement Area along the western property line running on a north to south line approximately 400
feet, but only as described and shown on the attached drawing marked Exhibit "A" and
incorporated herein. User may not relocate the Encroaching Facility within the Easement Area
without the consent and approval of Oncor, which consent and approval shall be at Oncor's
reasonable discretion.
2. Restrictions on Use of Easement Area. User shall use only so much of the Easement
Area as may be necessary to construct, maintain and repair the Encroaching Facility. User 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 Encroaching Facility. At the conclusion of any construction, User shall
remove all debris and other materials from the Easement Area and restore the Easement Area to
the same condition it was in prior to the commencement of User's construction thereon or in
proximity thereto.
User shall not place trash dumpsters, toxic substances or flammable material in the Easement Area.
Further, User shall not place upon the Easement Area any improvements, other than the
Encroaching Facility, including but not limited to, buildings, Tight standards, fences (excluding
barriers installed around transmission towers), shrubs, trees or signs unless approved in advance in
writing by Oncor. No boom -type equipment shall be permitted in easement area.
3. Maintenance of Encroaching Facility. User, at User's sole expense, shall maintain and
operate the Encroaching Facility. Oncor will not be responsible for any costs of construction,
reconstruction, operation, maintenance or removal of User's Encroaching Facility.
4. Risk and Liability. User assumes all risks and liability resulting or arising from or relating to
User's use of the Easement Area and that area depicted in Exhibit A., including the existing
condition or location or the existing state of the maintenance, repair or operation of the Easement
Encroachment on Easement
Botanic Gardens 1 of 7
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Area. It is further agreed that Oncor shall not be liable for any damage to the Encroaching Facility
as a result of Oncor's use or enjoyment of its Easement. Any Oncor property damaged or destroyed
by User or its agents, employees, invitees contractors or subcontractors shall be repaired or
replaced by Oncor at User's expense. User shall pay the actual costs associated with the damage
or destruction, which will be due and payable to Oncor within thirty (30) days of receiving an invoice
from Oncor, provided, however, that User shall not be required to pay for any betterment to Oncor's
property .
5. Indemnification. User, to the extent allowable by law, agrees to defend, indemnify and hold
harmless Oncor, its officers, agents and employees from and against any and all claims, demands,
causes of action, loss, damage, liabilities, costs and expenses (including attorney's fees and court
costs) of any and every kind or character, known or unknown, fixed or contingent, for personal injury
(including death), property damage or other harm for which recovery of damages is sought or
suffered by any person or persons that may arise out of, or be occasioned by, the negligence,
misconduct or omission of User, its officers, agents, associates, employees, contractors,
subcontractors, or subconsultants arising out of or in connection with User's use hereunder. In the
event of joint and concurrent negligence of both Oncor and User, responsibility and indemnity, if any,
shall be apportioned comparatively.
N OTHING CONTAINED HEREIN SHALL EVER BE CONSTRUED SO AS TO REQUIRE USER TO CREATE A SINKING
FUND OR TO ACCESS, LEVY AND COLLECT ANY TAX TO FUND ITS OBLIGATIONS UNDER THIS SECTION.
6. High Voltage Restrictions. Use of draglines or other boom -type equipment in connection
with any work to be performed on the Easement Area by User, its employees, agents, invitees,
contractors or subcontractors must comply with Chapter 752, Texas Health and Safety Code, the
N ational Electric Safety Code and any other applicable safety or clearance requirements.
N otwithstanding anything to the contrary herein, in no event shall any equipment be within fifteen
(15) feet of the Oncor power lines situated on the aforesaid property. User must obtain Oncor's
approval and notify the Distribution Department at 1-888-313-6862, Fort Worth, Texas, 48 hours
prior to the beginning of any work on the Easement Area.
7. Removal by Oncor. If, at any time in the future, the Encroaching Facility, in the reasonable
judgment of Oncor, interferes with Oncor's use or enjoyment of its easement rights, Oncor shall
have the right to order removal or remove said Encroaching Facility in accordance with the notice
provision stated herein. Oncor shall notify User in writing that, within 120 days, the Encroaching
Facility must be removed at User's sole cost. The removal period may be extended by a written
agreement between the parties. If, at the end of such 120-day period or a time period otherwise
agreed to by the parties, the Encroaching Facility has not been removed, Oncor may remove it.
Oncor shall submit invoices to the City detailing the costs associated with removing the Encroaching
Facility, and City agrees to pay for all costs associated therewith. Oncor will not be responsible nor
will compensation be paid for damages incurred by such removal, including, but not limited to,
damages for loss of use of the Encroaching Facility or business interruption. However, in an
emergency, Oncor shall have the right to immediately remove the Encroaching Facility, as
necessary. If the Encroaching Facility is removed, Oncor will not unreasonably withhold consent for
U ser to rebuild or relocate the Encroaching Facility within the Easement Area.
8. Term and Termination. This agreement shall be automatically renewed on an annual
basis, unless terminated earlier pursuant to the terms of this Agreement.
Encroachment on Easement
Botanic Gardens 2 of 7
This agreement shall terminate upon expiration or termination of the Easement. The City
may terminate this agreement for its convenience with sixty (60) days written notice to Oncor. It is
understood and agreed that, in case of material default by User or its agents in any of the terms and
conditions herein stated and such default continues for a period of thirty (30) calendar days after
Oncor notifies User of such default in writing Oncor may, at its election terminate this agreement
and upon such termination all of User's rights hereunder shall cease and come to an end. This
agreement shall also terminate upon the abandonment of the Encroaching Facility. User shall
completely remove the Encroaching Facility from the Easement Area within 60 days of the
termination hereof.
9. Notices. Except as expressly otherwise provided, any demand, notice or other
communication to be given to a party in connection with this Agreement shall be given in writing and
shall be given by personal delivery, by registered or certified mail, return receipt requested, or by
commercial overnight delivery service addressed to the recipient as set forth below or to such other
address or individual as may be designated by notice given by the party to the other.
Oncor: Oncor Electric Delivery Company LLC
Attn: Distribution Right of Way Group
115 West 7th Street, Suite 1017
Ft. Worth, Texas 76102
Copies to:
User:
Copies to:
Oncor Electric Delivery Company LLC
Attn: Legal Department
115 West 7th Street, Suite 405
Fort Worth, Texas 76102
City of Fort Worth
ATTN: Director of Parks and Community Services Department
4200 South Freeway, Ste. 2200
Fort Worth, Texas 76115
City Attorney
Office of the City Attorney
City of Fort Worth
1000 Throckmorton Street, Third Floor
Fort Worth, Texas 76102
Any demand, notice or other communication given by personal delivery shall be conclusively
deemed to have been given on the day of actual delivery thereof and if given by registered or
certified mail, return receipt requested or by commercial overnight delivery service on the date of
receipt thereof.
10. Miscellaneous.
(i) If User is, or becomes, the fee simple owner of the real property comprising the Easement
Area, in the event there is any conflict or inconsistency between the terms contained in the
Easement and this agreement the terms of this agreement shall control.
(ii) This agreement shall extend to and be binding upon User and Oncor and their assigns and
is not to be interpreted as a waiver of any rights held by Oncor under its Easement.
Encroachment on Easement
Botanic Gardens 3 of 7
Executed this `„ day of
Oncor Electric Delivery Company LLC
By:
JiJL. A varez
Attorney -in -Fact
City of Fort Worth
By:
Susan Alanis
'Assistant City Manager
1/3, r
ATTEST:
#321 City Secretary
Approved As To Form and
Assisti{it City Attorney
Encroachment on Easement
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NO 111 &C REQUXRED
S TA I I= OF T E XA S
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, on this day personally appeared Jill L. Alvarez, as
the Attorneynin=Fact of Oncor rlectric 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
X--
A. D. 2012.
JENNIFER MEEKER
Notary Public, State of Texas
My Commission Expires
December 05, 2014
STATE OF TEXAS
COUNTY OF 4 4,v'r
d for the state
o exas�
J
BEFORE ME, the undersigned authority, on this day personally appeared Susan Alanis, as
the Assistant City Manager of the City of Fort Worth, 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.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this i'�
( c: ik_ A. D. 2012.
z$r?1•��•</ •
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ROSELLA BARNES
MY COMMISSION EXPIRES
March 31,2013
•
Encroachment on Easement
Botanic Gardens
ba , -kL; 3 ---
Notary Public in and for the State of Texas
5 of 7
day of
EXHIBIT A
Encroachment on Easement
Botanic Gardens 6 of 7
SCALE_ 3/4' =1'_0'
line denotes face of closest
power pole to fence and
prop Itne
lx10 RIDGE
CEDAR SHINGLES
Ix RANDOM WIDTH
CEP A D_
2'x8' RAFTERS WITH
2'x6' COLLAR TIE
1' X 8' -
FASCIA
1' X 8' PICKETS
3/4' CHAMFER STRIPS ALL
SIDES OF PANELS
2 x 6 CAP WITH 2'x2' NAILER
I x 4 TRIM
2'-10?
3/A33 I _lF'
LINE OF 4x4xY4 GALY STL. =\
POST BEYOND AT COLUMNS
1
I' X 8' PICKETS ONE S DE OF
FENCE - GARDEN FACING:
ONLY
4/A33
I' x 6' BASE TRIM
WITH 3/4' CHAMFER
TRIM AT TOP
WRAP COL WITH 20 LB
FELT PAPER PRIOR TO
SETTING POST
16' WIDE x HT VARIES EXP
AGG STEM WALL WITH 2 - �4
CONT. T t B WITH +4
STIRRUPS AT 18' o:C.
18'0 x T' DEEP PIER HOLD
S' BELOW GRAPE WITH 16'
WIDE STEM WALL ABOVE
MOT. OF HSS
E
JAPANESE GARDEN
11-4'
S OPE
12
he
DBL 2 x6 HEADER
WITH 'SIMPSON'
HUG-46 1 2'x2'
NAILER
2'x4' RAILS WITH
'SIMPSON' HU26
HANGER EA END
x 8 CEDAR SOT RAIL
ITH 'SIMPSON' HU28
ANGER EA. END
CREATE HIGH POINT AT
CENTER OF SICM WALL
AND SLOPE EA SIDE
EVENTS PARKING LOT
PROPOSED IREYISED FENCE SECTION AT
JAPANESE WEST PROP LINE
MARCH 2ST1-1 2012
•
•
3
HEIGHT VARIES
Encroachment on Easement
Botanic Gardens 7 of 7
xhibit
cline denotes face of closest
power pole to fence and
1 prop line
Ix10 RIDGE
CEDAR SHINGLES
Ix RANDOM WIDTH
CED ' R D G
2'x8' RAFTERS WITH
2'x6' COLLAR TIE
I'X8'
FASCIA
I' X 8' PICKETS
3/4 CHAMFER STRIPS ALL
SIDES OF PANELS
2 x 6 CAP WITH 2'x2' NAILER
I x 4 TRIM
3/A33 - 11
LINE OF 4x4x GALV STL.
POST BEYOND AT COLUMN-5---1 -1
I' X 8' PICKETS ONE SIDE OF
FENCE - GARDEN FACING
ONLY
I' x 6' SASE TRIM
WITH 3/4' CHAMFER
TRIM AT TOP
4/A33
WRAP COL WITH 20 LS
FELT PAPER PRIOR TO
SETTING POST
16' WIDE x HT VARIES EXP
AGG STEM WALL WITH 2 - "4
CONT. T 4 S WITH "4
STIRRUPS AT IS' O.C.
18'41) x 1' DEEP PIER HOLD--/
8 BELOW GRADE WITH 16'
WIDE STEM WALL ABOVE
SOT. OF 1-I5S
JAPANESE GARDEN
n
z
5
OPE
12
10
DSL 2'x6' HEADER
WITH 'SIMPSON'
HUG-46 4 2'x2'
NAILER
2'x4' RAILS WITH
'SIMPSON HU26
HANGER EA. END
x 8 CEDAR SOT RAIL
ITH 'SIMPSON' HU28
ANGER EA. END
CREATE HIGH POINT AT
CENTER OF STEM WALL
AND SLOPE EA. SIDE
EVENTS PARKING LOT
PROPOSED REVISED FENCE SECTION AT
JAPANESE WEST PROP LINE
SCALE 3/4' =1'-0' MARCH 2Sn-1 2012
HEIGHT VARIES
EXHIBIT A
LOT A, BLOCK 1
ETRINITY VALLEY INDUSTRIAL ADDITION
VENT FACILITIES FORT WORTH, INC.
DOCUMENT NUMBER VOLUME 388-98, PAGE 21
D208394839 P.R.T.C.T.
D.R.T.C.T.
POINT OF
BEGINNING
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311.64'
POINT OF
COMMENCEMENT
FOUND 1/2" IRON ROD
VBT8 CAP STAMPED
"BRITTAIN & CRAWFORD'
(CONTROWNG MONUMENT)
-----"I 4.001
----14.000' S89'49'25_E 332.17'
REMAINDER OF LE -NA EVANS CALLER,
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)
N 33'55' 34"E
FOUND 5/8" IRON ROD 12.64
WITH CAP STAMPED
"DUNAWAY ASSOC. tP'
(CONTROWNG MONUMENT)
•
—.-
! N89'49'25"W 329.84'
I
ONCOR ELECTRIC DELIVERY
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. = Plat Records of Tarrant County, Texas
NOTE: The bearings shown hereon are based upon the NAD83,
Texas State Plane Coordinates, North Central Zone, 4202.
550 BadeyAvenue • Sulfa 400 • Fort Worth. Te =76107
Tel:817335.1121 • Ric 817.395.7437
A metes and bounds description
of even date accompanies this
drawing.
DATE:OCTOBER 21, 2011
08106
S33'55'34"W
15.31'
S56'04'26"E
r 5.00'
SCALE • 1"= 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
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ONCOR ELECTRIC DELIVERY
COMPANY LLC EASEMENT
0.1304 ACRES
(5 681 SQUARE FEET)
tN89'52'13"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.
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 NAD63,
Texas State Plane Coordinates, North Central Zone, 4202.
46440,
5146
S
550 Batley Avenue • Suiie 400 • Fat Worth, Tam 76107
Tet 817.335.1121 • Roc 817235.7437
A metes and bounds description
of even date accompanies this
drawing.
DATE: OCTOBER 21, 2011
SCALE • 1 "= 60'
Page 2 of 3
ONCOR ELECTRIC DELIVERY
COMPANY LLC EASEMENT
01304 ACRES
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
JOB NO. 2010066.003
EXHIBIT A
ONCOR ELECTRIC DELIVERY COMPANY LLC EASEMENT DESCRIPTION
BEING a 0.1304 acre tract of land situated in the Thomas White Survey, Abstract Number 1636, located in the City of
Fort Worth, Tarrant County, Texas, being port 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
comer of a tract of loud 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", o 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, o 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 comer;
THENCE North 89 degrees 52 minutes 13 seconds West, o distance of 5.00 feet to a point for comer, said comer being
the southeast comer 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.
NOTE: The bearings recited herein are based upon the NAD83,
Texas State Plane Coordinates, North Central Zone, 4202.
AFAR felt tom
attar
attsr
atetv
553 BallyAvenue • &Ate 4W • Fat Wath, Texas 76107
Ta1817335.1121 • lac 817335.7437
A drawing of even date
accompanies this metes and
bounds description.
Page 3 of 3
ONCOR ELECTRIC DELIVERY
COMPANY LLC EASEMENT
01304 ACRES
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
DATE: OCTOBER 21, 2011 JOB NO. 2010066.003