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Home My WebLink AboutContract 57698 CSC No. 57698 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. TEMPORARY WORK AREA EASEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT § That the CITY OF FORT WORTH, TEXAS, a home rule municipality, hereinafter called "Grantor", for and in consideration of Ten Dollars ($10.00) and other valuable consideration to Grantor in hand paid by TARRANT REGIONAL WATER DISTRICT, a water control and improvement district, whose address is 800 E. North Side Drive, Fort Worth, Tarrant County, Texas 76102, hereinafter referred to as "Grantee", has granted, sold and conveyed and by these presents does grant, sell and convey unto said Grantee, its successors and assigns, a temporary work area easement and right-of-way under,over, through,across and upon Grantor's land described below (the "Easement Area"). The temporary work area easement and right-of-way is solely for the excavation,removal, and deposit of fill; to move, store and remove equipment,machinery and supplies; and to erect and remove temporary structures and to perform any other work or perform such other activities in or upon the Easement Area as necessary and incident to the construction, operation and maintenance of the Riverside Oxbow Phase H Site E, Fort Worth,Texas Project(the"Project"),together with the right to trim, cut,fell and remove all trees, brush, obstructions, and any other vegetation, structures, or obstacles within the limits of the Easement Area and with all rights of ingress and egress and access to and from the Easement Area (following at least ten (10) days advance notice to the Director of Grantor's Program Management Office or his authorized designee (the "Director") by the Grantee before undertaking work in Easement Area), reserving, however,to Grantor, its successors and assigns, all such rights and privileges in and to the Easement Area which may be used without interfering with or abridging the rights and easement granted hereby. The temporary work area easement and right-of-way shall begin on the date that the Grantee begins use of the Easement Area for the purposes set forth herein (the `Beginning Date"). Grantee shall provide written notification to the Director at least ten (10) days prior to Grantee's use of the Easement Area. The temporary work area easement and right-of-way shall expire upon the earlier of the completion of the Project or at 11:59 P.m. on the thirtieth (30') calendar day following the Beginning Date. However, the Grantor may, in its sole discretion, extend the term of the temporary work area easement and right-of-way as required for the completion of Project, if requested in writing by the Grantee. Such request shall include Grantee's proposed terms, scheduling and needs and shall be sent to Grantor at least thirty(30) days prior to the expiration of the temporary work area easement and right-of-way. The Grantor shall respond to the 1 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Grantee's request within seven (7) business days. Any such extended term shall be only for purposes of the approved Project plan and for no other uses. The Grantor reserves the right to modify such extended term as it deems necessary for its operations. Grantee shall properly maintain the Easement Area and, upon the expiration of the temporary work area easement and right-of-way, shall remove all construction debris and other materials from the Easement Area and shall restore the Easement Area per the specifications and drawings for construction. Grantee shall grind all stumps for any trees felled by Grantee and shall remove from the Easement Area all brush piles created by Grantee. In lieu of removing any brush piles, however, Grantee may, at its sole option, shred, chip or mulch all brush, trees, or limbs trimmed or cut by Grantee and shall disburse same across the Easement Area. Grantee agrees that, if during the course of the exercise of its rights under this temporary work area easement and right-of-way, damages result to the Easement Area, as reasonably determined by the Director, Grantee shall repair or restore the same to a condition reasonably satisfactory to the Director within thirty (30) calendar days of completion of the Project,unless otherwise agreed to by the parties in writing. The Easement Area is described as follows: Being that certain tract of land located east of Beach Street and shown in the pink hatched aera identified as "Temporary Workspace" on the drawing attached hereto as Exhibit "A" and incorporated herein, such tract being portions of the property conveyed to the City of Fort Worth by instruments recoded at Volume 3183, Page 562, Volume 7243, Page 141, Volume 7216, Page 2132, and Volume 7216, Page 2132, Deed Records, Tarrant County, Texas. TO HAVE AND TO HOLD the above described temporary work area easement and right-of-way unto the said Grantee, its successors and assigns, until the expiration of the temporary work area easement and right-of-way, and in that event said temporary work area easement and right-of-way shall cease and all rights herein granted shall terminate and revert to Grantor or Grantor's successors,assigns,and legal representatives,and Grantor agrees to warrant and forever defend the above described temporary work area 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, when the claim is by, through or under Grantor, but not otherwise, subject, however, to existing easements for public roads and highways, public utilities,railroads and pipelines. (Signature page follows) 2 EXECUTED this tSrl day of June, 2022. CITY OF FORT WORTH,TEXAS, a home rule municipality ° F°Rr� �o �� 00aa� By:0 ��OAd chard Zavala,Director 0 000 o=� ark and Recreation Department �` Ay Attested by. Pa aZis XS�d Tgnnefte S. Goo�gll Jannette S.Goodall(Jun 16,2022 14:42 CDT) Jannette Goodall, City Secretary STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Richard Zavala,Director of Park and Recreation Department, of the City of Fort Worth,Texas, 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 as the act and deed of the City of Fort Worth, Texas, and for the purposes and consideration therein expressed, and in the capacity therein stated, and that he/she was authorized to do so. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 5 day of June,2022. E RAH PEREZ y Public,State of Texas m.Expires 30-09-2023 ary ID 13040120-6 3 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX GRANTEE: TARRANT REGIONAL WATER DISTRICT, a Water Control and Improvement District r B �/ R. Steve Christian Real Property Director STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared R. Steve Christian, Real Property Director of Tarrant Regional Water District, a water control and improvement district,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 as the act and deed Tarrant Regional Water District, and for the purposes and consideration therein expressed, and in the capacity therein stated, and that he was authorized to do so. GIVEN UNDER MY HAND AND SEAL OF OFFICE this�j day of June,2022. y �•i� RICHARD 8.CARROLL C;1AW40'9- Comm.YLr Notary Public,State of Texas Expires 05-18-2024 °•9j�"' `' Notary Public, State of Texas '••,°;,��` Notary ID 4065647 y P.ITRWDITrinity Rivcr VuionUiuperty Aoq\Site ELT=pony Work Am E—ent2022-ETF 0603-22.&= AFTER RECORDING,RETURN TO: Tarrant Regional Water District 800 E.Northside Dr. Fort Worth,TX 76102 OFFICIAL RECORD CITY SECRETARY 4 FT. WORTH, TX EXHIBIT A (See attached) f it a EMU 5 I p ` - k. , it 6 - -----! _a 1 r `I � 9 ` 9 pQQp `fie s� a e3