HomeMy WebLinkAboutContract 45282 f
CITY SCM: r
STATE OF'TEXAS § CONTRACT N
KNOW ALL PERSONS BY THESE PRESENTS
COUNTY OFTARRANT
T i's Temporary Ingress, and Egress/Co rstruction, Easement Agreement (phis
"Agreement") is entered into, between the City of Fort Worth, Texas, a munlocipall
corporation of Tarrant County Tense "GRANTOR") and Chesapeake Operating I'nic.,
("GRANTEE").
For and in consideration of other geode and valuable consideration, the sufficiency of
which is hereby acknowledged, and in consideration of the covenants contained herein,
GRANTOR R anrd GRANTEE agree as follows,*,
1. Subject to the terms of this Agreement, GRANTOR herehy,greats and conveys to
the GRANTEE a Temporary Ingress and Egress/Construction Easeme nt (the
"Easement" onto Pralrie Dog Part described in the attached Exhibit "A",
hereinafter referred to as the "Property"'. This great and conveyance is made
subject to, all matters of record affe tiny the Property.
2. The Company shall have access to Premises on the following dates for thirty
consecutive days following the date set forth below to be agreed upon, by the
parties and inserted, herein on the agreed upon date:
(date) On Ground'Pre-Const ruction
(date) Start Date
3. The Easement shall only he used for the purpose of installing 3 (three) temporary
waterline and pump for the transportation of fresh voter to a proposed gas
Tilling site to he located through a portion of
4 Company agrees to pay the City $ 000.00, representing $0.20 per linear foot,
per pure for the purpose of str-ingj`ng temporary p peltnes across the
premises,
5. GRANTEE,TEE shall have free and uninhibited access across, through and over the
Property for the purpose as described in Suction 31 above. GRANTOR
ackno vle ges and agrees that GR TEE's access shall he with vehicles,
equipment and employees or contractors. The Easement shal
of Grantee and its employees, agents, representatives or cont, dFAUMORD
the aforementioned Property for the purposes stated herein. CITY S15CRITARY
FTe WORTHo TX
RECEIVED JAS 10 2014
wrwwwuwim moiuwo �
6. GRANTEE shall minimize disturbance to the Surface or subsurface of the
Property and surrounding property. Any disturbance done to the, park shall be
reported to the Parks and Community S�er�vices, Department (P,ACSD) for
assessment. Restoration of disturbed area(s) shall be restored to the condition
existing prior to the change or damage and the area shall be maintained and
wate�red until such, areas,are inspec�ted and accepted by the PA,C,SD.
7. There shall be no equ�ipment on park property within 48 hours, of a rain event.
The Grantor should be contacted to ensure the grounds of park are suitable for
performing work outlined within the agreement.
8. The Easement is not assignable by t'he GRANTEE wit'hiolu;t the prior written
consent of GRANTOR, which shall not be unreasonably withheld.
11
9. 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 oir promulgated by any governmental
authority andshall promptly execute and fulfill all orders and requirements
imposed by such governmental entities for the correction, prevention and
abatement of' nuisances, in or, upon or connected with said premises
,because of GRANTEE's, use thereof.
10.GRANTOR shall not be liable to GRANTEE for any damage or theft of
GRANTEE'S e�qui I pmen�t, facilities or other contents, except, when caused
by the willful misconduct of GRANTOR, *its agents, servants or employees.
It is understood that It i's not the intention of the parties hereto 'to create
liability for the blenefit of third parties, but that this Agreement shall be
solely for the benefit ofthe parties�thereto.
11.1 It is, agreed that this grant, covers, all the agreements, between the parties,
and that no representation or statements, verbal or written, have been
0
made modifying, adding to, or,changing the terms, of this Agreement.
12. In this regard, GRANTEE covenants, and agrees to, and by these presents
does hereby fully indemnify, hol�d harmless, and defend the GRANTOR, its,
.t
officers, agents and e,mplo�yees, from and against any and all claims, sui S
or causes olf action of any nature, whatsoever,, whether real or asserted,
brought for or, on account of any injuries, or damages to persons, or
property, including death,, resulting from, or 'in any way connected with, the
grant of the easement or operation and maintenance of the temporary
facilities, whether or not caused,, M, i2arti,, b the negl!'.qence of' office
agents.,, -,or employees, of' the GRANT' provided however, that the
Grantee shall have no liability or obligation toindemnify, hold harmless or
a 0
defend with respect to any injury or� damage to persons or property
resulting from the sole negligence of officers, agents, or employees, of the
GRANTOR.,
TO HAVE AND TO HOLD the above-described,temporary easement, together with all and
singular the rights and appurtenances thereto in anyway belonging unto GRANTEE,, and
GRANTEE's successors and assigns,for so long as the right and easement herein
granted-- and GRANTOR does hereby bind itselfand its successor and assigns to,warrant
and torever defend all and s,i�ngular the Easement u�nto GRANTEE, its successor and
4L%
assigns, against every person whomsoever lawfully claiming or to claim the same, or any
part thereof.
When the context requires, singular nouns and pronouns include the plural.
a
GRANTEE. ,-"-,GRANTOR: City of Fort Worth
1 a i'd McKenna, Operations Manager Su n Alan s. Assistant City Manager
o
71
Date Tea.t�
APPROVED AS To FO AND LEGALITY
mop wm
7' #0
0"I
0,01
Assistant City Attorney
Of F
..........
J
Ity Secwtary
0
C 0
ff' OFFICIAL RECORD,
'm r
RY
ETA
CITY SECR" ;
FFT,W0CRTH,'rR]X
,t
STATE OF TEXAS
COUNTY OF ARRANT'
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared David McKenna, known to me to be, the sane
person whose name is subscribed to the foregoing "Instrument, and acknowledged to me
that the same was the act of Operations Manager of the arnett and that he/she
executed the same as the act of sai d Chesapeake Operating, Inc., for the purposes and
consideration, therein expressed and in the capacity therein stated.
GIVEN UPI ER MY HAND AND SEAL OF OFFICE this day of
—r64-.-t 47Y
,r
" M"Commission Expires
No a iic in and for thee, Stet of exas
Oj°`'
Ib
ACKNOWLEDGEMENT
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, on t i's day personally appeared pear d Sus ar
Al a is,, known to me t ► be the person and officer whose name *is subscribed to the
foregoing instrurr ent, and acknowledged to me that t a executed the same as the pact and
deed of the Cite of Fort Worth, a municipal corporation of Tarrant County, Texas, for the
purpose,and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day o.
M
. ..,' i ev ,/,N'..«Yl 'it�Iitanrp, wWU'N muewwiw,wao �+mmmmi„rwv
b ” wM d
TI
Febaiary
tU "
Notary Public ]in and for the State of Texas
V
tW I , "//"","
6, a
AIN �,,/l
w
INS=
0 I'm 401OLt,
y1fr"tet,Y//1Wnt1/)!1
'i'd ortlaw,
ty a
vgg,
V
//a
...................
IN
td,
a 0",
J
rX I,
im/0"/r will
"S
41
sit, n"n,
%m
Eff/g,
Ar
W/
AP/
wo
311,
gw/
t
4/n, jb;a
A01
g.
t
gg,
j P/
zt"
r/aiffff vl��
t
'gj
Is lkb,
I/La
In lK
,or
20,
ta
Nt 14
f
h
01" A tll?/�,
Y///,1 4 / -
..........
Al/k
Al2,11 I
a,
A jr
%h
JS
4, Wt,
A j
I
A
41:qk�'it,
pppi�/a/par,
Y)
A&41
"Aff"', jr
j
'a
4- MIT
to
1 t Z
A /06k
r)
All
101
_x
g,gs/po
fill
41111
ON
loll
A
Jc: 17/111 MAL
to
LULJ Cat)
t
3
y"
41"
ord
eel)
..................
V/1
Pik
t
IN�t
al
W
a
Alp,
t
N,
MORINO
L7/1
L
............
t
loft" 1 Jill!
p S
A
T
g/M
v -7,
;k)tv 4""',glailp A, NUNN
-1 A.1
...........
'7 71 R. 111/0
....................