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HomeMy WebLinkAboutContract 56781-A1 Date Received: 01/26/2022 Permit No.: SWFMA-21-0066 Time Received: 9:20AM City Secretary No.: 56781-A1 AMENDMENT TO CITY SECRETARY CONTRACT NO. 56781 STORMWATER FACILITY MAINTENANCE AGREEMENT This AMENDMENT TO CITY SECRETARY CONTRACT NO. 567819 STORMWATER FACILITY MAINTENANCE AGREEMENT is made and entered into by and between the CITY OF FORT WORTH, a municipal corporation of Tarrant County, Texas, acting herein by and through its duly authorized Director of Development Services, hereinafter referred to as the "City", Pioneer Point Owners Association "Association", acting herein by and through its duly authorized representative as Assistant Vice President, and Oncor Electric Delivery "Oncor", acting herein by and through its duly authorized representative. RECITALS WHEREAS, the City of Fort Worth ("City") and Pioneer Point Owners Association made and entered into City Secretary Contract No. 56781 (the "Agreement") to authorize the use of on-site stormwater management facilities (the "Facility") to be constructed and maintained on a portion of Landowner's property; and WHEREAS,the Agreement was recorded with the property records of the Tarrant County as document No. D221355356 which is one and the same as City Secretary Contract 56781. WHEREAS, it advisable to execute this Amendment to the Agreement to include exhibit "E" in the Agreement to depict limitations on Oncor Electric Delivery Company right- of-way added to the original agreement; and NOW THEREFORE, City and Landowner, acting herein by and through their duly authorized representatives, enter into the following that amends the Agreement: OFFICIAL RECORD Revised 11/19/2020 JLE CITY SECRETARY FT. WORTH, TX 1. This Amendment shall be filed with the City Secretary as an amendment to the Agreement and also recorded among the land records of Tarrant County, Texas, and shall constitute a covenant running with the land, and shall be binding on the Landowner, its administrators, executors, assigns, heirs and any other successors in interests, including any property owners association. 2. All other provisions of the Agreement which are not expressly amended herein shall remain in full force and effect EXECUTED on this the 21st day of January 2022 REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK Revised 11/19/2020 JLE Page 2 of 4 CITY: PlonqorVont Owners Association, Inc DJ Harrell 21,2022 17:44 CST) DJ Harrell, Development Services Director City of Fort Worth Date: Jan 21, 2022 Late. Approved as to Form and Legality: Oncor Electric 77� Christa R.Lopez-Reynolds(Jan 19,2 210' ST) Christa R. Lopez-Reynolds, By: WWW Sr. Assistant City Attorney PeeCity Attorney's Office Name: ' S M Date: Jan 19, 2022 Title: ac nay Date: ,dam' FORt � a F° ATTEST: ° �a>o °° O off►� v ° ° r ° .7�`I`IG��G d GDOG��GG w o o=� Contract Compliance Manager: Jannette S.Goodall(Jan 26,2022 08:14 CST) �j�it o o y T °° o T,d By signing I acknowledge that I am the Jannette Goodall, aa�� EXAs�ap person responsible City Secretary for the monitoring and administration of City of Fort Worth this contract, including Date: Jan 26,2022 ensuring all performance and reporting requirements. Janie S. Morales, Planning Manager Development Services Date: Jan 19, 2022 OFFICIAL RECORD CITY SECRETARY Revised 11/19/2020 JLE FT. WORTH, TX STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on Jan 21, 2022 by DJ Harrell, Development Services Director of the City of Fort Worth, on behalf of the City of Fort Worth. Bichson Digitally signed byBichson Nguyen YpUe/ BICH SON THI NGUYEN Nguyen Ofi DD'o2201.2410:05:21 _ Notary Public + + STATE OF TEXAS Notary Public, State of Texas Notary I.D. 133389224 9�FOF My Comm.Exp.Oct. 13,2025 STATE OF 'Tt Va S § COUNTY OF TA V V A yl - " § BEFORE ME, the undersigned authority, a Notary Public in and for the State of 1'ey a S , on this day personally appeared 0(vi j q Ki j h IM . Cl AV I(- (name), We s i d e vi+ (title), 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, as the act and deed of Plo yieet- Pc iyrf OWvievs pk -socict+j ovil lv1C (entity), a l Vic vp0V-Cr on (entity type) and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ~' day of t)CCe h.e ���ruirp RUTH RESENDEZ U Public, State of Texas ���^ moo:• ,Notary [�l 2• yz IfPs t 1-01-2022 W..�, Comm. Exp ,_: Notary ID 131781375 Notary Public, State of OFFICIAL RECORD Revised 11/19/2020 JLE CITY SECRETARY FT. WORTH, TX STATE OF_ � § COUNTY OF ft4tn7 § BEFORE ME, the undersigned authority, a Notary Public in andfor the State of on this day personally appearedTWII&ON e Q r4 / (name), A��rh t —r n- � (title), 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 fora the purposes and consideration therein expressed, as the act and deed of kpi Cay' �l�e�7'�c t`i�^el y (entity), a �,` ;'f (entity type) and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this —day of c_e..4 , 20 Z(_. ����` ,• 'PFtY P�j •. 6 a le, Mate 0 2•'ZOO �`�•.yN`_ '•!32213�0•'* OFFICIAL RECORD CITY SECRETARY Revised 11/19/2020 JLE FT. WORTH, TX LIMITATIONS ON Oncor ELECTRIC DELIVERY COMPANY RIGHT OF WAY EXHIBIT "E" 1. You are notified, and should advise your employees, representatives, agents, and contractors, who enter the property that they will be working in the vicinity of high voltage electrical facilities and should take proper precautions, included but not limited to the following stipulations and in compliance, at all times, with Chapter 752, V.T.C.A., Health & Safety Code. 2. Blasting is not to be permitted on Oncor right-of-way or under Oncor lines. 3. Construction on electric transmission line easements acquired by Oncor after January 1, 2003 shall comply with the requirements of Public Utility Commission Substantive Rules§25.101, as amended from time to time. 4. No crossing less than 45 degrees to the centerline of the right-of-way. 5. Grading will be done in order to leave the right-of-way as near as possible to present condition. Spoil dirt will be removed from the right-of-way and no trash is to be left on right-of-way. Slopes shall be graded so that trucks can go down the right-of-way when required and such that the slopes can be mechanically maintained. 6. Equipment and materials will not be stored on the right-of-way during construction without written approval of the Supervisor of Regional Transmission. 7. Street or road crossings are to be based on drawings submitted. Any change in alignment or elevation will be resubmitted for approval. 8. No signs, lights or guard lights will be permitted on the right-of-way. 9. Power line safety equipment operations: hazard assessment and precautions inside the work zone area must be performed and in compliance with OSHA Standard §1926.1408 at all times. Equipment shall not be placed within fifteen (15)feet of the Oncor 138,000 volt or less power lines or within twenty(20)feet of the Oncor 345,000 volt power lines. 10. Any pre-approved fencing will not exceed eight(8)feet in height, and if metal in nature, will be grounded, at ten(10)feet intervals,with an appropriate driven ground. Gates should be at least sixteen (16)feet in width to allow Oncor access to the right-of-way. 11. No dumpsters will be allowed on Oncor right-of-way or fee owned property. 12. Draglines will not be used under the line or on Oncor right-of-way. 13. The existing grade shall not be disturbed,excavated or filled within 25 feet of the nearest edge of any Oncor transmission structure (tower, pole, guy wire, etc...). 14. Right-of-way will be protected from washing and erosion by Oncor approved method before any permits are granted. No discharging of water will be allowed within any portion of the right of way. Drainage facilitation will not be allowed to discharge into/onto Oncor right-of-way. 15. No obstruction shall be installed on the right-of-way that would interfere with access to Oncor structures or prevent mechanical maintenance. 16. Before any work is done under Oncor lines or by Oncor structures notify the Region Transmission Department, 817-496-2746 17. No hazardous materials will be stored on the right of way. 18. For purposes of this document, "Hazardous Materials"means and includes those substances, including, without limitation, asbestos-containing material containing more than one percent (1%) asbestos by weight, or the group of organic compounds known as polychlorinated biphenyls, flammable explosives, radioactive materials, chemicals known to cause cancer or reproductive toxicity and includes any items included in the definition of hazardous or toxic waste,materials or substances under any Hazardous Material Law. "Hazardous Material Laws" collectively means and includes any present and future local,state and federal law relating to the environment and environmental conditions including, without limitation, the Resource Conservation and Recovery Act of 1976("RCRA"),42 U.S.C.§6901 et seq.,the Comprehensive Environmental Response, Compensation and Liability Act of 1980, ("CERCLA"), 42 U.S.C. §§9601-9657, as amended by the Superfund Amendments and Reauthorization Act of 1986 ("SARA"), the Hazardous Material Transportation Act, 49 U.S.C. §6901 et seg., the Federal Water Pollution Control Act, 33 U.S.C. §1251,et sue.,the Clean Air Act,42 U.S.C.§741 et seq., the Clean Water Act, 33 U.S.C. §7401 et seq., the Toxic Substances Control Act, 15 U.S.C. §§2601-2629, the Safe Drinking Water Act, 42 U.S.C. §§300f-330j, and all the regulations, orders, and decrees now or hereafter promulgated thereunder. 19. Brush and cut timber is not to be piled or stacked on Oncor right-of-way nor is it allowed to be burned upon or in close proximity to the conductors or towers. 20. No structures or obstructions, such as buildings, garages, barns, sheds, swimming pools, playground equipment, guard houses, etc., will be permitted on the right-of-way. 21. Landscaping on Oncor right-of-way is permitted when Oncor approves landscaping plans in writing. No lighting or sprinkler systems are allowed on the right-of-way. 22. No park or park designation will be permitted on the right-of-way. 23. Gas Pipeline Protective Barrier; Grantee, at Grantee's sole expense, shall provide one of the following protective barriers; 1) a concrete protective barrier between the surface and the pipe that is a minimum of one(1)foot thick by one(1)foot wide, if pipe is wider than one(1)foot,then width of pipe,with the top of the concrete barrier to be at least one(1)foot below the surface or final grade, 2) construct the gas pipeline inside of a proper protective steel casing, 3) where electric facilities are located above ground, install the pipeline a minimum of ten(10)feet below the ground surface,or 4)where electric facilities are located below ground, install the pipeline at a depth that provides for a minimum of a ten (10)foot clearance between the pipeline and the underground electric facilities. 24. No fire hydrants or manholes will be permitted within the right-of-way. 25. Any drainage feature that allows water to pond, causes erosion, directs stormwater toward the right-of-way or limits access to or around Oncor's facilities is prohibited. Drainage facilitation will not be allowed to discharge into/onto Oncor right-of-way. 26. No boring pits or other type of pits will be permitted within the right-of-way.