HomeMy WebLinkAboutContract 48907 678 ,9
CITY SECRETARY r
7�
1 CONTRACT N0. /' o l PT# 2016 -4642
District: ABC / Ft. Worth
WR#: 3340342
ER#:
6 8 L 9 g b EASEMENT AND RIGHT OF WAY
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TARRANT §
That CITY OF FORT WORTH, hereinafter called "Grantor," whether one or more, for
and in consideration of Ten and No/100 Dollars ($10.00) and other valuable consideration to
Grantor in hand paid by ONCOR ELECTRIC DELIVERY COMPANY LLC, a Delaware limited
liability company, 1616 Woodall Rodgers Freeway, Dallas, Texas 75202-1234, hereinafter
referred to as "Grantee", has granted, sold and conveyed and by these presents does grant,
sell and convey unto said Grantee, their successors and assigns, an exclusive easement and
right-of-way for overhead and/or underground electric supply, consisting of a variable number
of wires and cables, supporting structures, surface mounted equipment, conduits, and all
necessary or desirable appurtenances over, under, through, across, and upon Grantor's land
described as follows:
SEE EXHIBIT "A" ATTACHED (which is made part hereof)
Together with the right of ingress and egress along and upon said easement and right-
of-way and over and across Grantor's adjoining properties for the purpose of and with the
right to construct, maintain, operate, repair, remove, replace, reconstruct, abandon in place,
and to change the size and capacity of said facilities; the right to relocate said facilities in the
same relative direction of said facilities within the above described easement and right-of-
way; the right to relocate said facilities in the same relative position to any adjacent road if
and as such road is widened in the future; the right to prevent excavation within the easement
area; the right to prevent construction of, within the easement area, any and all buildings,
structures or other obstructions which, in the sole judgment of Grantee, may endanger or
interfere with the efficiency, safety, and/or convenient operation of said facilities and their
appurtenances, and the right to trim or remove trees or shrubbery within, but not limited to,
said easement area, to the extent in the sole judgment of Grantee, as may be necessary to
prevent possible interference with the operation of said facilities or to remove possible hazard
thereto. Grantor shall not make changes in grade, elevation or contour of the land or
impound water within the easement area as described above without prior written consent of
Grantee.
Grantee shall properly maintain such property during construction and at the
conclusion of such construction remove all construction debris and other materials from such
property and restore such property to the same condition it was prior to the commencement of
Grantee's construction thereon or in proximity thereto.
;01911:IAL RECUR D
CITY SECRETARY
FT.WORTH,TX
L J
Grantor shall not be liable to Grantee for any damage to said easement or Grantee's
Facility or other contents thereof, except when caused by the willful misconduct of Grantor, its
agents, servants or employees. Grantor and Grantee each agree that if any claim or liability
shall arise from the joint or concurring negligence of both parties hereto, it shall be borne by
them in proportion to their negligence. It is understood that it is not the intention of the parties
hereto to create liability for the benefit of third parties but that this agreement shall be solely
for the benefit of the parties hereto.
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 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 premises because of
Grantee's use thereof.
Grantor reserves the right to use the land within the above described easement area
for purposes not inconsistent with Grantee's use of such property, provided such use shall
not, in the sole judgment of the Grantee, interfere with the exercise by the Grantee of the
rights hereby granted.
TO HAVE AND TO HOLD the above described easement and right-of-way unto the
said Grantee, its successors and assigns, until all of said electric lines shall be abandoned,
and in that event said easement and right-of-way shall cease and all rights herein granted
shall terminate and revert to Grantor or Grantor's heirs, successors or assigns; and Grantor
hereby binds himself, his heirs, successors, assigns, and legal representatives, to warrant
and forever defend the above described 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.
EXECUTED this day of I r w� �2 �� , A. D. 2017.
GRANTOR: CITY OF FORT WORTH
By:
Assistant City Manager
APPROVED AS TO FORM AND LEGALITY
By:
sistan ity Attorne
O
���F.... T�Q
OFFICIAL RECORD
Afteod o
CITY SECRETARY `
FT.WORTH,TX �y
A5 Ronald P. Gonzales,Asst. City 3ecrctay
GRANTEE:
Accepted by:
ONCOR ELECTRIC DELIVERY COMPANY LLC
B :
Y
Roger Lindsey, Attorney-In-Fact
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFOE, the undersigned authority, on this day personally appeared
�' G 8 14 hA'C , as the Assistant City Manager of CITY OF
FORT WORTH, 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, in the capacity therein stated and he/she is authorized to do
so.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day day of
A. D. 2017.
MARIA S SANCHEZ Notary Pu is in and for the St to of Texas
My Commission Expires
December 19, 2017
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day personally appeared Roger
Lindsey,as the Attorney-in-Fact of ONCOR ELECTRIC 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 r1al day of
, A. D. 2017.
?°40�v P�BN MARSHA HORAK ion r a
Notary ID#i129273267 NotaryPublic in and for the State of Texas
My Commission Expires
Jan 23,2021
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EXHIBIT "A "
ONCOR ELECTRIC DELIVERY COMPANY, L.L.C. EASEMENT
A PART OF THE S.A. & M.G. R.R. CO. SURVEY, ABSTRACT
NUMBER 1481, CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
CITY OF FORT WORTH FIRST TRACT
VOLUME 931.D.R.T.CPT.GE 186 '00666
FORT WORTH ZOOLOGICALASSOCIATION
�p� �l•
CITY OF FORT WORTH SECRETARY
CONTRACT NUMBER 40564
APP8QXIMATE LOCA13ON
P85
F SURVEY LINE
CITY OF FORT WORTH
VOLUME 691, PAGE 365 0 60'
D.R.T.C.T. r
FORT WORTH ZOOLOGICAL SCALE FEET
ASSOCIATION 1"= 60'
CITY OF FORT WORTH SECRETARY
POINT OF CONTRACT NUMBER 40564
seo34'42 1 BEGINNING
N 81.00' 586'28'20'E CITY OF FORT WORTH
10'00' VOLUME 332, PAGE 549
~ S0331'40"W 0.R.T.C.T.
,m X13.57'
CISw
0) S5133'05"w z
21.94' Line Table
Line Bearing Distance
Number
2,700 SQUARE FEET 0.061 ACRE Lt S82'38'31"E 22.99'
ONCOR ELECTRIC DELIVERY
COMPANY, LLC EASEMENT L2 NO3'31'40"E 13.17'
L3 N51'51'54"E 21.83'
QD
m L4 NO3'31'40"E 12.66'
1 N
Curve Table
Curve Central Radius Arc Chord Bearing
5��5f� Number Angle Length and Distance
NI C1 48'21'25" B.00' 6.75' S27'42'22W 6.55'
C2 91'34'12" 5.00' 7.99' 536'51'24"E 7.17'
�C OF IE C3 86'10'10" 8.00' 12.03' S39'33'25"E 10.93'
GJ�p'�ti�'1 '9B� �C� �'� Ll C4 91'34'12" 15.00' 23.97 N36'51'24W 21.50'
......................' �� �jp' C5 42'57'23" 8.00' 8.00' N30'24'23"E 5.86'
STEPHEN R.GLOSUP s0331'40•w
.••p..............1.,. N8238'31"w Cl
b'r. 5570 "' 21.12' 15.04'
N8'20"W
O 00
A metes and bounds description of DUNAWAY
even date accompanies this drawing. 550 Bailey Avenue •Suite 400 •Fort Worth,Texas 76107
Tel:817,335.1121 PAGE 2 OF 4
FIRM REGISTRATION 10098100
DATE: OCTOBER 25, 2016 DUNAWAY JOB N0. 8000520.013
EXHIBIT "A "
ONCOR ELECTRIC DELIVERY COMPANY, L.L.C. EASEMENT
A PART OF THE S.A. & M. G. R.R. CO. SURVEY, ABSTRACT
NUMBER 1481, CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
PROPERTY DESCRIPTION
BEING a tract of land situated in the S.A. & M.G. R.R. Co. Survey, Abstract No. 1481, City of Fort Worth,
Tarrant County, Texas and being a part of that certain tract of land described by deed to the City of Fort
Worth, recorded in Volume 891, Page 365, Deed Records, Tarrant County, Texas, said tract of land being
more particularly described by metes and bounds as follows:
COMMENCING at an "Y" cut in concrete found at the base of a fence post, in the north line of a 'Reserved"
strip of land, as shown on the plat for Park Hill, an addition to the City of Fort Worth, according to the plat
recorded in Volume 388-1A, Page 58, Plat Records, Tarrant County, Texas, in the south line of said City of
Fort Worth tract, said point being the point of beginning of that certain agreement tract as described in City
of Fort Worth Secretary Contract Number 40564, between the City of Fort Worth and the Fort Worth
Zoological Association from which the northwest corner of Lot 3R, Block 2, Park Hill, an addition to the City
of Fort Worth, according to the plat recorded in County Clerk's Document Number D206223234, Plat Records,
Tarrant County, Texas, bears South 39'09'34" East, a distance of 26.65 feet to a 1/2" iron rod with yellow
cap stamped "BRITTAIN & CRAWFORD" found;
With the west line of said agreement tract of land and crossing into said City of Fort Worth tract the
following courses and distances:
North 03'31'24" East, a distance of 106.14 feet to a point;
North 09'25'18" East, a distance of 494.26 feet to a point;
South 80'34'42" East, departing the west line of said agreement tract, a distance of 181.00 feet for the
POINT OF BEGINNING of herein described easement;
THENCE South 86'28'20" East, a distance of 10.00 feet to a point;
THENCE South 03'31'40" West, a distance of 13.57 feet to a point for the beginning of a curve to the right
having a central angle of 48'21'25", a radius of 8.00 feet and a chord bearing and distance of South
27'42'22" West — 6.55 feet;
THENCE with said curve to the right in a southwesterly direction, an arc length of 6.75 feet to a point;
THENCE South 51'53'05" West, a distance of 21.94 feet to a point;
THENCE South 08'55'42" West, a distance of 169.69 feet to a point for the beginning of a curve to the left
having a central angle of 91'34'12", a radius of 5.00 feet and a chord bearing and distance of South
36'51'24" East — 7.17 feet;
THENCE with said curve to the left in a southeasterly direction, an arc length of 7.99 feet to a point;
+l continued...
I
I
DUNAWAY JOB NO. B000520.013 PAGE 3 OF 4
EXHIBIT"A"
-Sbephaff R.Glosup
Registered Professional Land Surveyor ONCOR ELECTRIC DELIVERY
Texas Registration No.5570 .�E OFA
srg@dunaway-assoc.com ��Cti'`a �157�•�;- COMPANY, L.L.C. EASEMENT
••Q 9, '
October 25,2016 a
STEPHEN f; Ctt1SU�, A PART OF THE S.A. & M.G. R.R. CO.
DUNAWAY5610,ee•s•• SURVEY, ABSTRACT NUMBER 1481
••A1, 5670 t.
550 Bailey Avenue •Suite 400 • Fort Worth,Texas 76107 ��''iU
Tel:817.335.1121
FIRM REGISTRATION 10098100 City of Fort Worth, Tarrant County. Texas.
EXHIBIT "A "
ONCOR ELECTRIC DELIVERY COMPANY, L.L.C. EASEMENT
A PART OF THE S.A. & M.G. R.R. CO. SURVEY, ABSTRACT
NUMBER 1481, CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
continued...
THENCE South 82'38'31" East, a distance of 22.99 feet to a point for the beginning of a curve to the right,
having a central angle of 86'10'10", a radius of 8.00 feet and a chord bearing and distance of South
39'33'25" East — 10.93 feet;
THENCE with said curve to the right in a southeasterly direction, an arc length of 12.03 feet to a point;
THENCE South 03'31'40" West, a distance of 15.04 feet to a point;
THENCE North 86'28'20" West, a distance of 10.00 feet to a point;
THENCE North 03'31'40" East, a distance of 13.17 feet to a point;
THENCE North 82'38'31" West, a distance of 21.12 feet to a point for the beginning of a curve to the right
having a central angle of 91'34'12", a radius of 15.00 feet and a chord bearing and distance of North
36'51'24" West — 21.50 feet,
THENCE with said curve to the right in a northwesterly direction, an arc length of 23.97 feet to a point;
THENCE North 08'55'42" East, a distance of 170.48 feet to a point for the beginning of a curve to the right
having a central angle of 42'57'23", a radius of 8.00 feet and a chord bearing and distance of North
30'24'23" East — 5.86 feet;
THENCE with said curve to the right in a northeasterly direction, an arc length of 6.00 feet to a point;
THENCE North 51'51'54" East, a distance of 21.83 feet;
THENCE North 03'31'40" East, a distance of 12.66 feet to the POINT OF BEGINNING and containing a
calculated area of 2,700 square feet or 0.061 acre of land.
NOTES: The basis of bearings for this Easement is the Texas Coordinate System of 1983, North Central Zone,
4202, based upon GPS measurements, according to the GPS Reference Network.
A drawing of even date accompanies this metes and bounds description.
The metes and bounds description contained herein was compiled from information contained
in recorded documents and does not reflect the results of an on the ground survey.
DUNAWAY JOB NO. 8000520.013 PAGE 4 OF 4
3ii5heqM.Glosup Land EXHIBIT"A"
Registered Professional Suryr
ey
srg@dunawayTexas -associon .com
�� nJ,q COMPANY, L.L.C.ONCOR DELIVERYRIC
C EASEMENT
October 25,2016
gTl:f'uq 9t.GLQSUP A PART OF THE S.A. & M.G. R.R. CO,
��B.A�•55704a SURVEY,ABSTRACT NUMBER 1481
DUNAWAY %4
550 Bailey Avenue • Suite 400 • Fort Worth,Texas 76107 D SU11Rv
Tel:817.335.1121 City of Fort Worth, Tarrant County, Texas.
FIRM REGISTRATION 10098100
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 12/13/2016
DATE: Tuesday, December 13, 2016 REFERENCE NO.: L-15983
LOG NAME: 80FOREST PARK/FORT WORTH ZOO ONCOR UTILITY EASEMENT#2
SUBJECT:
Conduct Public Hearing and Authorize Use of a Portion of Forest Park for an Electric Utility Easement
Within the Fort Worth Zoo and Authorize an Easement to Oncor Electric Delivery Company, LLC, for
Electrical Service Lines on a Total of 0.062 Acres at Forest Park (COUNCIL DISTRICT 9)
RECOMMENDATION:
It is recommended that the City Council:
1. Conduct a public hearing under the guidelines set forth by the Texas Parks and Wildlife Code, Chapter
26, Protection of Public Parks and Recreational Lands;
2. Find that no feasible or prudent alternative exists for the use of Forest Park for the proposed location of
the electric utility easement;
3. Find that the proposed electric utility easement includes all reasonable planning to minimize harm to
the parkland, including that all infrastructure and equipment will be constructed in Forest Park as specified
on the attached exhibits and as noted in the discussion below;
4. Close the public hearing and authorize use of approximately 0.062 acres of dedicated parkland at
Forest Park for the proposed electric utility easement;
5. Authorize an easement to Oncor Electric Delivery Company, LLC, for electrical service lines on a total
of 0.062 acres at Forest Park; and
6. Authorize the execution and recording of all necessary documents to complete the conveyance.
. Forest Park- located at 1500-2000 Colonial Pkwy., Mapsco 76N, P, & K, south of the Clear Fork
Trinity River, west of Rogers St., intersected by University Dr., north and south of Colonial Pkwy.,
northeast of Winton Terrace, east of terminus of Wescott Rd, intersected by Park Hill Dr., east of
Sandage Ave., north of Mc Pherson Ave., west of McCart Ave., west of Forest Park Blvd.,
intersected by Park PI., intersected by Colonial Pkwy., west at terminus of Huntington Ln., west of
Rockridge Terrace, south of Kensington Ct., west of terminus of Stonebridge Pl. in Council District 9
DISCUSSION:
The purpose of this Mayor and Council Communication (M&C) is to authorize the granting of an electric
utility easement to Oncor Electric Delivery Company, LLC (OED), at Forest Park (Park) for the purpose of
relocating electrical service lines.
The Fort Worth Zoo is currently in the process of building a new elephant holding building adjacent to the
parking lot that serves the Zoo Administration Building. During construction of the elephant building pad,
Logname: 80FOREST PARK/FORT WORTH ZOO ONCOR UTILITY EASEMENT#2 Page 1 of 3
the contractor discovered that the existing power line was located outside of the area designated in the
historical "as built" drawings. The "as built" drawings indicated the line to be 5' outside of the elephant
building, when, In fact, the power line was discovered to be 10'-15'within the elephant building's
footprint.
Oncor has approved the new location of the line and has allowed construction to continue but is
requesting a permanent easement for its infrastructure. The power line will be relocated under the existing
Zoo Administration parking lot, which will not have any impact on trees or the Zoo's operations. The Park
and Recreation Department will work with the Zoo and OED to ensure that all reasonable planning is in
place to minimize harm to the Park and that the Park will be restored to a condition as similar to or better
than existed prior to construction. The electrical utility easement will be 10' wide and approximately 2,700
square feet.
In accordance with the Texas Parks and Wildlife Code, Chapter 26, the City of Fort Worth seeks to use
approximately 0.062 acres of parkland for the purpose of granting an electric utility easement within the
Park. Attached is an exhibit of the proposed site for the easement.
On November 16, 2016, the Park and Recreation Advisory Board endorsed staffs recommendation to the
City Council to authorize the use of approximately 0.062 acres of parkland in the Park as proposed.
In accordance with State law, public notice of the hearing was advertised in the Fort Worth Star-Telegram
on November 17, 2016, November 24, 2016 and December 1, 2016. An exhibit map was available for
public review at the Park and Recreation Department administrative offices located at 4200 South
Freeway, Suite 2200, Fort Worth, Texas 76115.
A letter announcing the proposed use was sent to the presidents of the Berkeley Place, Colonial Heights,
Frisco Heights, Mistletoe Heights, Park Hill, Paschal, University Place and University West Neighborhood
Associations on November 11, 2016. Signage was posted at the site noting the proposed use and
providing instructions for directing comments to the Park and Recreation Department. Staff will note any
public comment received during the public hearing Report of City Staff.
Forest Park and the Fort Worth Zoo are located in COUNCIL DISTRICT 9. This M&C does not request
approval of a contract with a business entity.
FISCAL INFORMATION /CERTIFICATION:
The Director of Finance certifies that this action will have no material effect on City Funds.
FUND IDENTIFIERS (FIDs):
TO
Fund Department Accoun Project Program ctivity Budget Reference # moun
ID ID Year (Chartfield 2)
FROM
Fund Department Accoun Project JProgram ctivity Budget Reference # moun
ID ID Year (Chartfield 2)
CERTIFICATIONS:
Submitted for City Manager's Office by: Susan Alanis (8180)
Originating Department Head: Richard Zavala (5704)
Additional Information Contact: David Creek (5744)
Logname: 80FOREST PARK/FORT WORTH ZOO ONCOR UTILITY EASEMENT#2 Page 2 of 3
ATTACHMENTS
1. forestparkaerial.pdf (Public)
2. ForestParkaerialoverlay.pdf (Public)
3. forestparkplan.pdf (Public)
Logname: 80FOREST PARK/FORT WORTH ZOO ONCOR UTILITY EASEMENT#2 Page 3 of 3
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