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HomeMy WebLinkAboutContract 46616 CI`ff SECRETARY ( ( � CONTRACT NO.m `� ENCROACHMENT AGREEMENT BY AND BETWEEN Texas Midstream Gas Services, L.L.C. AND City of Fort Worth, Texas THIS ENCROACHMENT AGREEMENT ("Agreement") is entered into this $ day of G( r,' , 2015 by Texas Midstream Gas Services, L.L.C. (the "Company"), an Oklahoma limited liability company, whose address is 525 Central Park Drive, Suite 1005, Oklahoma City, Oklahoma 73105, and City of Fort Worth, Texas ("User") whose address is 1000 Throckmorton Street, Fort Worth, Texas 76102. Company is the current legal holder of a certain easement and/or right-of-way situated in Tarrant County, Texas pursuant to the following described instrument, which instrument is filed in the Deed Records of Tarrant County, Texas (hereinafter the "Easement"): Instrument of Origination: Underground Pipeline Easement Agreement Execution Date: 12/27/2005 Recording Information: D206279061 Legal Description: A.C. Warren A-]686 Company has one or more pipelines and other underground and/or surface facilities located within the Easement (hereafter collectively referred to as the "Pipeline"). User purchased a portion of land which contains the Easement for the East First Street expansion by Special Warranty Deed, filed in the Deed Records of Tarrant County, Texas as Document #D211074146. User desires to use in common with Company, and Company is willing to permit such use in common with User, a portion of the Easement rn for the construction, operation, maintenance, inspection, replacement and removal by C-) User of a road, inclusive of an adjacent drainage ditch, known as East First Street (the rn "Road") that will encroach upon the Easement, subject to the terms and conditions herein C) contained. NOW THEREFORE, Company and User, in consideration of the mutual promises �► herein contained, do hereby agree as follows: N 0 ZA 1. User, its respective successors, heirs and assigns, is hereby granted the non-exclusive right to use, in common with Company and subject to the terms and conditions of the Easement, that certain portion of land approximately 2,708.20 square feet that crosses the Easement (the "Encroachment Area") for the construction, operation, maintenance, inspection, replacement and removal by User of the Road as more fully described and set forth on the attached Exhibit "A". 2. The rights of User granted herein are conditioned upon and limited to the following: OFFICIAL RECORD Barnett GGS—Anderson to Mount Tabor CITY SECRETARY FT.WORTH,TSE (a) Company reserves the right of full use and enjoyment of the Encroachment Area, except for the purposes herein granted, and User agrees that, except for the construction, operation, maintenance, inspection, replacement and removal by User of the Road, no excavation, building, structure or obstruction will be made, constructed or permitted within the Encroachment Area without the prior written consent of Company. (b) Company shall be notified forty-eight (48) hours in advance before any work by or on behalf of User begins within the Encroachment Area. Notification should be made through the local One Call System (811) and to Company at 1-855-245-2300 (ACCESS Encroachment). Company shall have the right to have a Company representative present at all times during the construction and installation of the Road. (c) No trees or bushes or other landscaping shall be placed or allowed to grow within the Encroachment Area unless required by applicable laws, regulations or local ordinances. (d) Existing Pipeline marker signs placed within the Encroachment Area by Company shall at all times remain easily distinguishable from the surface, air and from any access road to the Encroachment Area. Pipeline marker signs temporarily removed during installation of the Road shall be reinstalled at the completion of installation of the Road. (e) With respect to that part of the Encroachment Area used by User a minimum of twenty-four inches (24") of undisturbed soil shall be placed upon and/or maintained at all times over the Pipeline; provided, however, at least forty-eight inches (48") of undisturbed soil shall be placed upon and/or maintained over any portion of the Pipeline located within 50 feet of any building or structure which is or may be occupied by humans. (f) With respect to that part of the Encroachment Area used by User, the existing grade located within ten (10) feet either side of the centerline of the Pipeline will remain unchanged at all times. Adequate erosion control devices will be installed and maintained by User to prevent any erosion within the Encroachment Area. (g) User may place excavated material inside the Easement or on top of Company's Pipeline under Company's supervision. All excavation within five feet(5') of Grantor's Pipeline shall be done by hand. (h) Wherever User shall cross Grantor's easement with heavy steel-tracked equipment, User shall place matting or other suitable material over the Pipeline as determined by Company's representative. Barnett GGS—Anderson to Mount Tabor (i) The Road running across the Encroachment Area shall cross at an angle no less than 45° to the centerline of Pipeline. 0) Unless otherwise advised by the Company representative, any subsurface improvements installed in conjunction with the Road that cross the Pipeline shall be installed by User below the Pipeline a minimum distance of twenty-four inches (24") from the nearest exterior surface of the Pipeline. Any subsurface improvements installed in conjunction with the Road that are parallel to the Pipeline shall be installed by User a minimum distance of ten feet (10') from the nearest exterior surface of the Pipeline. (k) Any subsurface telephone, cable and electrical lines will be encased in non-metallic conduit and in colored concrete with color as specified in guidelines of the American Public Works Association. Electrical lines shall be installed in accordance with the National Electric Safety Code. (1) User shall be responsible for obtaining all necessary rights for construction and installation of the Road from the landowner of the Encroachment Area. (m)Before starting any work within the Encroachment Area, User shall submit all plans and specifications for the Road and any further improvements within the Encroachment Area to Company for approval. (n) User shall maintain insurance coverage of the types and in the amounts set forth on Schedule 1 attached to this Agreement and shall provide proof of insurance before starting any work within the Encroachment Area. (o) User shall be responsible for compliance with the Company's construction standards and guidelines by User's contractors and their subcontractors. 3. TO THE EXTENT ALLOWED BY LAW, USER AGREES TO PROTECT, INDEMNIFY FULLY, HOLD HARMLESS AND DEFEND AT USER'S SOLE EXPENSE THE COMPANY, ITS SUBSIDIARIES, JOINT VENTURERS, AND AFFILIATES AND ITS AND THEIR AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, SUCCESSORS AND ASSIGNS (HEREIN COLLECTIVELY REFERRED TO AS "INDEMNIFIED PARTIES") FROM AND AGAINST ALL DAMAGES (AS HEREINAFTER DEFINED) CLAIMED BY USER OR THIRD PARTIES, INCLUDING EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES AND AFFILIATES OF USER THAT ARISE FROM OR RELATE TO THE ROAD AND THE USE, CONSTRUCTION, OPERATION, MAINTENANCE, INSPECTION, REPLACEMENT AND/OR REPAIR OF THE ROAD; PROVIDED HOWEVER, USER SHALL NOT BE REQUIRED TO INDEMNIFY THE INDEMNIFIED PARTIES AGAINST THEIR OWN GROSS NEGLIGENCE OR Barnett GGS—Anderson to Mount Tabor WILLFUL MISCONDUCT. IN THE EVENT OF JOINT AND CONCURRENT NEGLIGENCE OF BOTH USER AND COMPANY, LIABILITY, IF ANY, SHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH THE LAW OF THE APPLICABLE JURISDICTION. COMPANY RESERVES THE RIGHT BUT NOT THE DUTY TO APPROVE ALL ATTORNEYS SELECTED BY USER OR USER'S INSURANCE CARRIER FOR COMPANY'S DEFENSE HEREUNDER. The term "Damages" shall mean any and all (i) obligations, (ii) liabilities, (iii) personal injuries (including, but not limited to death of any person), (iv) damages to property (including, but not limited to, (a) damage to or destruction of the land, or any improvements, facilities, vehicle and equipment in the vicinity of the Easement, (b) damage to or destruction of third party owned or operated improvements, facilities, vehicle and equipment located within the land in the vicinity of the Easement), (v) penalties, (vi) actions, (vii) lawsuits, (viii) claims, (ix) settlements, (x) judgments, orders, directives, injunctions, decrees or awards of any federal, state, local or foreign court, arbitrator, administrative or governmental authority, bureau or agency and (xi) costs and expenses (including, but not limited to, reasonable attorneys' and/or arbitrator's fees) relating to the foregoing. NOTHING CONTAINED HEREIN SHALL EVER BE CONSTRUED SO AS TO REQUIRE USER TO CREATE A SINKING FUND OR TO ACCESS, LEVY, ASSESS, AND COLLECT ANY TAX TO FUND ITS OBLIGATIONS UNDER THIS PARAGRAPH. 4. Any notice to be given hereunder shall be given by (i) mailing the same by United States registered or certified mail, postage prepaid and return receipt requested, or (ii) delivery in person, or (iii)pre-paid delivery by a commercial delivery service (such as UPS or FedEx) to the address herein below shown of the party being notified, as follows: USER: City of Fort Worth 1000 Throckmorton Street Fort Worth, TX 76102 Attention: Roy L. Teal, Jr. COMPANY: Texas Midstream Gas Services, L.L.C. 301 Commerce Street Fort Worth Texas 76102 Attention: Willie Lee Or to such other address as the parties may from time to time specify in writing by notice given in the manner provided above. Notice shall be deemed received (i) if given by US Mail, on the receipt date shown on the return receipt card; (ii) if by delivery in person, when actually received by the recipient; (iii) if, by commercial delivery service, on the receipt date shown in the records of such delivery service. 5. This Agreement may not be assigned by User without the prior, written consent of the Company. This Agreement shall apply to, inure to the benefit of, and be binding upon and enforceable against the parties hereto and their respective successors, assigns, heirs, executors, administrators and legal representatives. Barnett GGS—Anderson to Mount Tabor 6. This Agreement contains all the terms, promises, covenants, conditions and representations made or entered into by and between Company and User and supersedes all prior discussions and agreements, whether written or oral, between the parties with respect to the use of the Encroachment Area and all other matters contained herein and constitutes the sole and entire agreement between Company and User with respect thereto. Except as expressly set forth herein, this Agreement shall not in any way alter, modify or terminate any provision of the Easement. 7. This Agreement may not be modified or amended unless such amendment is set forth in writing and executed by Company and User with the formalities hereof. EXECUTED this _day of jm4 , 2015. COMPANY Texas Midstream Gas es, L.L.C. By: RoVrfV P&eVn .l Chief Operating Officer USER City of FortWor , Texas By: Nam . Title: Aoiderb. Mo-Ad —0,07 APPROVED ' TO FORM AND LEGALITY: R.n► yrt dc ��( CITY ATTORNEY ,da�'FQf�T" 1 oa R X %a OFFICIAL RECORD a�o � CITY SECRETARY S� C� *o°�nw Q°o°Q"pp FT.WORTH, Tl( ej Maty L Kayser, City Secwtwy adz, SIE^EN O� IQNI 'O�' Barnett GGS—Anderson to Mount Tabor ACKNOWLEDGEMENTS STATE OF OKLAHOMA § COUNTY OF OKLAHOMA § This instrument was acknowledged before me on the _ day of ,_2015 by Robert S. Purgason, the Chief Operating Officer of Texas II Mid tream Gad. "mac"' �j��C., on behalf of said entit . _ #10004827 N t ry Public. e of Co. s '•06✓M18�' Primed Name: My Comm4, )X (S E STATE OF hoxe�S § § COUNTY OF § This instrumqndl a ackn wledged before me on the 17"'k-day of 21r,* I , 2015, y .1a�ndo C—'>%14-the Cr u Ike ivtn p r of City of Fort Worth, Texas, on behalf of said entity. Notary Ptiflic, Sta of /�.)ca> Printed Name: �,, 74,;;�A*- M Commission Expires: r' 17 Z0 (S E A L) •"aY"••• TRIKINYA 1. JOHNSON Notary Public.State of Texas .1 �= My commission Expires s,�.•... a�F Apfil17. 2018 Barnett GGS—Anderson to Mount Tabor SCHEDULEI INSURANCE REQUIREMENTS The City of Fort Worth is basically a self-funded entity subject to statutory tort laws. The City does not maintain a commercial policy of general liability insurance and/or auto liability insurance. Damage for which the City of Fort Worth would ultimately be found liable would be paid directly by the City of Fort Worth and not by a commercial insurance company. City owned property is covered under the City of Fort Worth Fire and Extended coverage program by a commercial insurance policy. Statutory workers' compensation insurance, coverage is self-funded to a $750,000.00 retention limit per incident over which commercial coverage responds with no upper cap; and, employer's liability coverage is maintained at the $1,000,000.00 policy limit. Barnett GGS—Anderson to Mount Tabor EXHIBIT"A" LINE TABLE LINE BEARING DISTANCEFli J¢J 6 L-1 S 20'34'39"W 135.41' S \10 60 { a 20.1 ACRES (BY DEED) �L�` ` O• ; JODON CATTLE COMPANY C.C.F. No. D206216733mw ` F P.O.C. D.R.T.C.T. 0� FND 1/2-IR� S 0013'00'E 754.98 �• P® 1 OtttS FND 3/4-IR PC 42+61.0560 OyOC��S4t96 � ��46t ,tCt TRACT 5cot1s m PATRICIA BOWEN FEATHERNGILL, LLC 42+00 R.W. BOWEN, LLC Jn�c� 80 PAMELA B. ANDERSON, LLC J a� BOWENTRAIL. LLC c�p' rn C.C.F. No. D206189806 D.R.T.C.T. ui t FND 1/2-IR BENT 4 41+00 w r1u f(�S�AC p �0 fCTRI 04 F—i • 2y� (Vu f 4?gt"FR,Oft,) U�¢ V T ACf C04,4 00 F—= r PASSING AT 62,5 QG ?4' DISTANCE OF 108. C4" 40' © ``7 V UCl FND 1/2"IR W NtUTj ,\ r v`I r� '`�• ZOO C W \ �T cT40fN3NT TRACT 5 P.O.B. _i C �AeN sMo° o PATRICIA BOWEN FEATHERNGILL, LLC SET R.O•w. tiN w WEN LLC MARKER RTC.46� ON R.W. BO PAMELA B. ANDERSON, LLC STA 39+03.39 BOWEN TRAIL, LLC 50.00 LT C.C.F. D.R.TD189806 D.R.T.C.T. N : EXISTING R.O.W. RIGHT-OF-WAY 0-4 ACQUISITION • 0 75 150 300 0 Ln IDV 5 WHOLE PROPERTY MAP p `[' t UR OL Agd$yt ALE IN FEET (NOTES:LEGAL DESCCRIPTION OF EVEN SURVEY DATE AND LOCATIACQUISITION ON OF -OF-WAY Z a 35+00 ;- V1 GAtCI�I 00 �'44t60 CS HEREWITH ACCOMPANIES THIS PLAT. PROPOSED RIGHT-OF-WAY (2) BEARINGS ARE REFERENCED TO THE PROJECT CONTROL FOR EAST FIRST STREET. BEARINGS AND DISTANCES SHOWN ARE SURFACE. (3) ALL RIGHT-OF-WAY MARKERS ARE 5/8- IRON RODS M AIC H L I N E WITH BLUE CAPS STAMPED -GORRONDONA h ASSOC INC FORT WORTH TEXAS'. UNLESS NOTED OTHERWISE. LEGEND PROPOSED R.O.W. LINE PROPERTY LINE —4--�- - r" SURVEY LINE EXIST. EASEMENT LINE --------- `Y. TMGS CROSSING AGREEMENT CNTL OF ACCESS LINE PARCEL NUMBER RECONSTRUCTED CORNER RCC t� .. ' CITY OF FORT WORTH �4 t SURVEYED ON THE GROUND NOVEMBER 26. 2008 EAST FIRST STREET RIGST-OF-IIAY PARCEL N0. 14—PT1Row TAKING: 4.0613 AC. OWNER: A BOWEN ILL. LLC. RW LLC PAMELA B. ANDERSON, LLC AND BOWEN TRAIL, LLC W. TRUETT WILSON, RPLS No. 5146 PAGE 1 OF 2 PAGES FEBRUARY 6. 2009 1SCALE: 1' a 150' GORRONDONA & ASSOCIATES, INC. 6707 BRENTWOOD STAIR ROAD, SUITE 50 FORT WORTH, TX. PH. 817/496-1424 FAX 817/496-1768 EXRmrr"A» LINE TABLE - MATCHLINE LINE BEARING DISTANCE BLOCK L-2 N 00'34'56"W 32.27' ` ` PT 33+75.47 L-3 N 37'15'22"E 72.61' BLOCK 4 L-4 N 08'00'37"W 135.82' It L-5 N 34'55'04"E 236.78' L-6 S 54'11'40"E 12.22' L-7 S 35'48'20"W 90.63' L-8 S 08"00'37"E 117.65' TRACT 5 PATRICIA BOWEN FEATHERNGILL, LLC L-9 S 53'16'23"E 58.53' R.W. BOWEN. LLC o PAMELA B. ANDERSON, LLC , 32+00 BOWEN TRAIL, LLC t CURVE TABLE C.C.F. No. D206189806 T D.R.T.C.T. Q, NUMBER DELA RADIUS ARC o EXISTING C-1 00'33'45" 7460.00' 73.22' is RIGHT-OF-WAY o;:;;::..::..:.... C-2 43'48'57" 170.00' 130.00' ; ;:,�.r;::::: : ;;> 3.685 ACRES (BY DEED) PI STATION - 30+18.05 i_ a >'>:;:;;::€ C!TY OF FORT WORTH C-3 00'33'10" 7450.00' 71.88' DELTA - 8' 1�' 19.32' (RT) C.C.F. No. 0207364743 DEGREE OF CURVE - 1' 08 45.29 D.R.T.C.T. C-4 08'12'19" 5050.00' 723.21' LTEANN ENT : 35I os RADIUS 5.000.00 go PC STATION - 26+59.41 ~r Pi STATION 8+71.06 PT STATION - 33+75.47 w; DELTA - 43. 48' 57.31" (LT) PROPOSED WO DEEM CURVE 280.43 52.40 �`� RIGHT-OF-WAY TANGELENGTH 15Z95 RADIUS - 200.00J�� PC STATION = 5+90.63 S 4 � 14—PT1 PT STATION 7+43.58 � [ ~r V`P PG� DIEL A TION - 10+25'932.88' L LL s DEGREE OF CURVE - 0' 45' 50.20' ( >7 TANGENT - 684.25 Lu R.O.W. P P$ LENGTH - 1,364.73 ACQUISITION RADIUS 7,500.00 PC STATION - 12+94.69 PT STATION - 26+59.41 JOHN R. BENSON WIFE, ANDJ. WHOLE PROPERTY MAP AND OLUME i6pR14PAGEE580N AND LOCATIACOUISITON OF RION RIGHT OF— ►^,�tiC Ric L-6 RADIA 9 BEARING ?` " ;`, D.R.T.C.T. 1G-141 '> _A` y V PRC kv 0 75 150 300 ' Sx V h tiv" RADIAL ::>ii LOT l NOTES: SCALE IN FEET ti,9�T. BLO�ptgOs g�q6 (1) A LEGAL DESCRIPTION OF EVEN SURVEY DATE HEREWITH ACCOMPANIES THIS PLAT. Go1 ! (2) BEARINGS ARE REFERENCED TO THE PROJECT CONTROL FOR EAST FIRST STREET. BEARINGS w v? AND DISTANCES SHOWN ARE SURFACE. a 24+00 (3) ALL RIGHT-OF-WAY MARKERS ARE 5/8- IRON RODS m0- 1 LOT 2 WITH BLUE GPS STAMPED 'GORRONDONA R ASSOC INC FORT WORTH TEXAS'. UNLESS R F� . U NOTED OTHERWISE. v w n CCTF psl 't*rj yN PASSING ATcA - ajoo ho�QCBQO N OfiQEARING DISTANCE OF 1490.20' u- O F T RADIAL TND MAG NAIL LEGEND RCC PROPOSED R.O.W. LINE w > a L-2 PROPERTY LINESTA 23+59.38 SURVEY LINE --�-- - .. y EXIST. EASEMENT UNE --------- ` c. W 40.00' L7 CNTL OF ACCESS LINE— PARCEL NUMBER ® f 'V, RECONSTRUCTED CORNER RCC r CITY OF FORT WORTH SURVEYED ON THE GROUND NOVEMBER 28, 2008 EAST FIRST STREET RIGHT-OF-WAY PARCEL N0. 14-PTI ROW TAKING: 4.068 AC. (/ ' z s'`y.�i \;''• j; LLC ef PAMELA B. ANDERSON LLC AND BOWEN TRAIL, LLC' W. TRUETT WILSON, RPLS No. 5146 p M 2 PAGES FEBRwutY 6. Zoos SCALE: 1' - 150' GORRONDONA R ASSOCIATES. INC. 6707 BRENTWOOD STAIR ROAD, SUITE 50 FORT WORTH, TX. PH. 817/496-1424 FAX 817/496-1768