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Contract 48995
CITY SECRETARY C CONTRACT N0.-q�1____ Handley--Saginaw 138kV Line Handley—Liggett 138k Line D-964 2017-0146CW 00Z ' < LICENSE AGREEMENT F�, ,'�. `t,, co HIKE & BIKE TRAIL Re:Trinity Trails East This License Agreement ("Agreement")is made this 17th day of February, 2017, ("Effective Date") by and between Oncor Electric Delivery Company LLC, a Delaware limited liability company, ("Oncor') and the City of Fort Worth, a Texas municipal corporation("City'). RECITALS i ' 1. Oncor is the owner of the land described in Exhibit "A" attached hereto and made a part hereof for all purposes, and referred to hereinafter as the "Property", upon which Property is located Oncor's electric transmission and distribution line(s) and associated , facilities. 4 2. City has requested that Oncor make available the Property for City to construct, install,and maintain a hike and bike trail for the general public's recreational use, subject to the terms of this Agreement, including the Hike and Bike Trail Guidelines attached hereto as Exhibit"B"and incorporated herein(the"Trail Guidelines"). NOW,THEREFORE,for the consideration herein provided, it is agreed as follows: 1. License. Oncor hereby grants to City and City hereby accepts from Oncor, a license to use the Property to construct, install, and maintain a public hike and bike trail consisting of an improved surface and related Oncor-approved landscaping, signage, and facilities on the Property for use by the general public for recreational purposes only ("License'), but with the conditions that such hike and bike trail shall be constructed, installed, and maintained in accordance with the Trail Guidelines and in such a manner as not to damage or destroy Oncor's electric transmission and distribution line(s) and other facilities, and that the recreational use of the Property shall not interfere with the continued operation and maintenance of Oncor's electric transmission and distribution line(s) and other facilities, as well as Oncor authorized third party facilities. 2. Limitations Of Use. This License is strictly limited to the public hike and bike trail to be constructed, installed, and maintained on the Property and does not extend to the use of any of Oncor's facilities or Oncor authorized third party facilities located on the Property. The approved engineering plans and specifications for the concrete trail are attached hereto as Exhibit "C". It is understood that if actual constructiona^ d RD Hike&Bike Trail Agreement OFFICIAL REQ CITY SEC FT.W0Rl Jil TY installation of the hike and bike trail has not commenced within nine months after the Effective Date, and diligently pursued to completion thereafter by the City, Oncor shall have the right to terminate this Agreement. Additional general construction limitations on the Property are described and listed in Exhibit "D",attached hereto and a part hereof for all intent and purpose. Prior to the installation of any landscaping on the hike and bike trail, landscaping plans that comply with the Landscaping Requirements contained in the Trail Guidelines must be submitted to and approved in writing by Oncor. Engineering plans and landscaping plans may be submitted to Oncor separately, provided, however, that all improvements, fixtures, vegetation or other encroachments of any nature must be approved in writing by Oncor before such improvements, fixtures, vegetation or other encroachments of any nature may be installed on the hike and bike trail. 3. Consideration. In consideration for this License, the sufficiency of which Oncor hereby acknowledges, City(a) has paid to Oncor One Dollar($1.00), (b) shall undertake the maintenance and other obligations herein provided, and (c) agrees.that City shall not object to or contest any future regulatory filings by Oncor to add to, modify, and/or rebuild its facilities on the basis of the use of the Property as a hike & bike trail or recreation area. 4. Term. The License as to the Property granted by this Agreement is non-exclusive and perpetual commencing on the Effective Date; provided, however, the License may be j terminated in whole or in part by Oncor with one hundred and eighty(180) calendar days s prior written notice to City of such termination in accordance with the notice provisions of this Agreement if such termination is necessitated by a change in local, state or federal law or regulations applicable to same. Furthermore,in the event that Oncor determines it has an operational need for a portion of the Property to the extent that the hike and bike trail cannot be relocated on that portion of the Property pursuant to Paragraph 8 below, i the License may be terminated by Oncor, as to the affected portion of the Property only, by providing the City one hundred and eighty(180) calendar days prior written notice of such partial termination in accordance with the notice provisions of this Agreement. In any case of either a change in state or federal law or regulation or an operational need, Oncor will work in good faith with City to minimize the amount of the hike and bike trail to be relocated and/or the amount of the Property and City's improvements impacted by any termination. Furthermore, in the event Oncor elects to sell to a bona fide unaffiliated third party Property upon which Oncor does not have any facilities,Oncor may do so free from the applicability of this License after having first offered to sell the Property to the City at fair market value. The City shall have thirty(30) calendar days to accept Oncor's offer to sell the Property. If the City does not accept the offer within such 30 day period, the offer shall be deemed rejected. In the event City elects not to purchase the Property so offered by Oncor, prior to closing of Oncor's conveyance of the Property to the third party, City shall execute and deliver to Oncor a partial release from this License of such portion of the Property being sold and the parties shall have no further obligations one to the other under this agreement as to such portion of the Property. 5. Security, City shall be solely responsible for maintaining peace and order and shall prevent any nuisances arising from or connected with its license and use of the Property. Hike&Bike Trail Agreement 6. Oncor's Access. Oncor and its authorized agents shall have the right to enter the Property at any time for any purpose. It is understood that from time to time entry will be necessary for inspection,maintenance,and work upon Oncor's facilities located upon the Property and, on such occasions, it may be necessary to close all or portions of the hike and bike trail and prohibit the public from using same. This License is not exclusive and Oncor, its employees, agents, representatives, and others whom it may license, may go upon, make improvements upon and traverse the Property and make changes in the location of or additions to Oncor's facilities located thereon without payment of compensation to City, and without liability for any damage to the hike and bike trail or for any interruption of use of the hike and bike trail. 7. Acceptance Of Premises. City acknowledges that it has fully inspected the Property and accepts the Property in its present condition as suitable for the purpose for which the License is being granted. This License is granted subject to any and all easements, restrictions, covenants, conditions, limitations, and mineral interests filed of record in the Official Real Property Records of Tarrant County, Texas in effect as to the Property. City shall not make or cause to be made any improvements to the Property other than as approved by Oncor in advance, in writing, and then only at the sole cost and expense of City. i 8. Relocation. If at any time in the future, any portion of the hike and bike trail, in the sole judgment of Oncor, interferes with the installation, operation maintenance and/or removal of Oncor's electric transmission and distribution line(s) and other facilities, Oncor shall have the right to require City to relocate the offending portion of the hike and bike trail on the Property so as not to interfere with Oncor's electric transmission and distribution line(s) and other facilities. Oncor shall notify City in writing within ninety (90) days if a portion of the hike and bike trail must be relocated at City's sole cost and according to plans approved by Oncor, stating the portion so impacted and the reason for the relocation. If at the end of such ninety (90) day period the portion of the hike and bike trail has not been relocated, Oncor may relocate it, at the City's expense. Oncor will not be responsible nor will compensation be paid for damages incurred by such relocation. 9. Default and Termination. It is understood and agreed that, in case of default by City or its agents in any of the terms and conditions herein stated, including all terms and conditions contained in the attached exhibits, such default continuing for a period of ninety (90) days after Oncor notifies City in writing of such default and the cure action required, Oncor at its election may terminate this Agreement and upon such termination all of City's rights hereunder shall cease and come to an end. This Agreement and the License herein provided shall also terminate upon the abandonment of the hike and bike trail by City. 10. Condition Upon Termination. Upon termination of this Agreement, City shall surrender the Property to Oncor in the same condition as received except for ordinary wear and tear. City may remove such improvements as it desires. By written notice Oncor may require City, upon termination, to remove any improvements made to the Property by City and to restore said portion of the Property to its original condition, at City's expense. All improvements not required by Oncor to be removed or otherwise Hike&Bike Trail Agreement removed by City shall become Oncor's property at no cost or expense to Oncor. If City fails to remove improvements as required by Oncor, Oncor may remove same and City shall reimburse Oncor 100% of the costs and expenses of having the improvements removed from the Property. City shall have a reasonable right of access to the Property to accomplish said removal and restoration. 11. Assignment And Subletting. The License is personal to City and may not be sold, transferred, assigned or sublet. Any purported transfer or assignment shall be null and i void ab initio and of no force or effect. It is the intention of this Agreement not to confer i benefits, rights, or privileges on any person or entity other than Oncor and City. This Agreement is binding on the parties' respective successors and assigns and the purchaser(s) of all or any part of the Property, except for property upon which Oncor has no facilities as set forth in Section 4 of this Agreement. City, at its expense, may file a memorandum providing notice of the existence of this Agreement in the real property records of any county in which part of the Property is located. A change in the control or ownership of Oncor shall not give any party the right to terminate this Agreement. Furthermore, in the event of a merger of Oncor with another entity in which Oncor is not the surviving entity, this Agreement shall be binding on the surviving entity of such merger. 12. B_ oom-Type Equipment. Use of cranes or other boom-type equipment in connection with any work to be performed on the Property by City, its employees, agents representatives, or contractors, or the public generally, must comply with Chapter 752, Texas Health and Safety Code, the National Electrical Safety Code, and any other applicable clearance requirements. Notwithstanding anything to the contrary, in no event shall any equipment 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 situated on the Property. City must notify Oncor 48 hours prior to the use of any boom-type equipment on Oncor's Property. Oncor reserves the right to refuse City permission to use boom-type equipment. 13. Maintgnance of Property. City, at its sole cost and expense, at all times during the term of this Agreement, agrees to keep clean and maintain or cause to be kept clean and maintained the entire Property and all improvements which may be placed or erected on the Property by City, in a good state of appearance and repair reasonably satisfactory to Oncor. City specifically acknowledges that its obligations with regard to maintenance of the Property include maintaining the entire width of the Property, and not just the area surrounding City's Hike &Bike Trail. City, at its sole cost and expense, is liable for all costs and expenses incurred by Oncor arising out of any (i) landscaping vegetation encroachments, and/or (ii) trail related park structure encroachments intended for use by the general public, including, without limitation, picnic tables, park benches, water fountains, covered sheds, playground equipment, etc., on the Property not expressly approved or authorized by Oncor, regardless of whether made or installed by City. City shall not allow any third parties or neighborhood / community groups acting under or through the auspices of City to install anything on the Property, or perforin any plantings, landscaping or other improvements that are not approved by or part of a landscaping plan approved by Oncor. City shall not be liable for costs and expenses incurred by Oncor arising out of non-vegetation type encroachments on the Property which are not intended Hike&Bike Trail Agreement for use by the general public such as individual storage buildings, fences, swimming pools,etc. Oncor is not responsible for any damages to or removal of landscaping due to Oncor's patrol, maintenance or construction related activities. In the event that City fails to properly maintain the Property as provided herein, Oncor shall have the right, but not the obligation, to have such maintenance completed, and City agrees to reimburse Oncor an amount equal to 100% of Oncor's costs and expenses for such work. City shall pay such amount to Oncor within forty-five (45) calendar days of receipt of Oncor's invoice. Notwithstanding any of the foregoing, the parties acknowledge that City has no cleaning, maintenance or repair obligation with respect to Oncor's transmission and distribution electric line(s)and other facilities located on the Property. 14. Indemnity. To the extent allowable by law, City agrees to defend, indemnify and hold harmless Oncor, its officers, agents and employees, from and against any and all claims, demands, causes of action, loss, damages, liabilities, costs and expenses (including attorney's fees and court costs) of any and every kind of character, known or unknown, fixed or contingent, for personal injury (including death), property damage or other harm for which recovery of damages is sought or suffered by any person or persons that may arise out of, or be occasioned by, the negligent act or omission of City, its officers, agents,employees, or separate contractors that may arise out of or be occasioned by the use of the License and/or Property, except that the obligations provided for in this paragraph shall not apply to any liability resulting from the sole negligence of Oncor, its officers, agents, associates, employees or separate contractors, and in the event of joint and concurrent negligence of both Oncor and City, responsibility and indemnity, if any, shall be apportioned comparatively in accordance with Texas law, without however waiving any defenses or immunities available to the parties. ' 15. No Waiver Of Limitation Of Liability. By entering into this License Agreement, neither Oncor nor City in any manner waive any right to assert any legal defenses or immunities available to either Oncor or City, including, but not limited to, Chapters 75 i and 101 of the Texas Civil Practice and Remedies Code. It is the express intention of Oncor to limit its liability for any injury, death or damage to person or property pursuant to Chapter 75.002, Texas Civil Practice and Remedies Code(Vernon's 1995). 16. Relocation Of Facilities. If, at the request of City, Oncor relocates any of its existing facilities located on the Property in order for City to accomplish its proposed use of the Property, City shall be required to reimburse Oncor for all costs and expenses associated with such relocations. However, Oncor shall not be required by this Agreement to relocate any of its existing facilities, and Oncor may withhold its agreement to do so in its absolute and sole discretion. 17. Notices. All written notices required under this License must be hand delivered or sent by certified mail, return receipt requested, addressed to the proper party at the following address: Hike&Bike Trail Agreement To Oncor• To Ci Oncor Electric Delivery Company LLC, City of Fort Worth a Delaware limited liability company Park and Recreation Department Right of Way Office 4200 South Freeway, Ste. 2200 115 West 7th Street Fort Worth,TX. 76115 Fort Worth,Texas 76102 (817)-392-7372 clarence.bryant@fortworthtexas.gov 18. Texas Law. This Agreement shall be construed under, and in accordance with, the laws of the State of Texas. This Agreement is performable in Tarrant County, Texas and exclusive venue for enforcing same shall be Tarrant County,Texas. 19. Amendment. No amendment, modification, or alteration of the terms of this Agreement shall be binding unless it is in writing, dated subsequent to this Agreement, and duly executed by the parties hereto. EXECUTED to be effective as of the Effective Date stated above. CITY: CITY OF FORT WORTH ,Assistant City Manager E By: Name: Title: ONCOR: ONCOR EL RIC DELIVERY COMPANY LLC By: Jil . A arez�P 6, A rney-in-Fact Hike&Bike Trail Agreement ATTEST: OF Po M K yser City Secretary M&C:No:N/A APPROVED AS TO FORM AND LEGALITY: .... $ By: P0/ Jessica San vang Assistant Attorney II Form 1295 Certification No. N/A CONTRACT COMPLIANCE MANAGER: By signing,I acknowledge that I am the person responsible for the monitoring and administration of this contract,including ensuring all performance and reporting requirements. 'OKI Na )yG 'J01a�', tie: �Q.p�E�GT Fr-WV6e+t- ;�;o/r P OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX FILE "��,aER TER STATE OF TL"'—'S ( F ( �TOlU ALL MEN BY TSE P1i.SENTBi COUNTY OF TAcM&WT That WALLACE P. BOAZ, hereinafter called "Seller", hereby agrees to sell to TEC.AS ELECTRIC SERVICE COMPANY, a oor- poration, with Ats principal office in the City of Fort !Porth, Tarrant County. Texas, hereinafter called "Purchaser", the fel- lowing described property& A 26.9 &ore tract of land out of the Va. Norris Survey Abstract #1186, N. F. Lar- lent Surrey, Tbstraot #960 end the James F. Redding Survey Abstract #1302, Tarrant County, Texas, anA owned by Wallace P. Boaz: Beginning at a point in the Worth line of the Wis. Norris Survey Abstract /1166, Tarrant County, Texas, 38.9 feet West from. Its Northeast eornarf Thence, South at 28 feet a concrete mon- ument marked "TESCO PL" in all 2969-25/100 feet passing the South line of the Va. Norris Survey and the North line of the H. F. Largent Survey, Abstract ,$980, to a concrete monument marked "TES00 PL"; Thence, South 3 Degrees 48 Minutes last at 2600 Feet a concrete monument marked "TESCO PL" in all 2926.4 Fest passin the South line of the H. F. Largeat Survey and the North line of the James F. Bedding Survey, Abstract #1300, to the center of the Trinity River; Thence, up maid Trinity River North 59 De- grees 38 Minutes Rest 244 Peet to a point in the center of said river; Thence, North 3 Degrees 48 Minutes West at 500 feet a concrete monument marked "T15OO PL" in all 2785.4 Feet passing the Worth line of the Janes r. Redding 3urvay and the South line of the H. F. Largent Survey, to a concrete monu- ment marked "TFSCO PL"; Thence, North at 2965 Feet a concrete ranu- meat marked "7g9CO PL" in all 2998 Feet passing the !forth line of the R. P. Largent Survey " the South line of the Mo. Norris Survey to a point in the North line of the Yin. Norris aurvoy; Thence, Qast with the North line of the Vim. Norris Survey 200 Peet to the place of beginning. EXHIBIT A I 01F ? In conneetion with the purchase and sale of said proper- ty it is Mutually agreed between the parties hereto as followet 1, Purchaser agrees to pay Seller the sum of Twenty. Two Thousand and No/100 ($22,000.00) Dollars in payment for said property as follows. $2,000.00 upon the execution of the warranty deed hereinafter referred to; $200000.00 on the 15th day of January, 1948. 2. Seller agrees to furnish Purchaser a title insurance policy in a title insurance company acceptable to the Purehaser, said policy to be in the sum of $22,000.00, or if that M oh insurance is not obtainable than in such lesser amount as shall be obtainable from such title insurance company. Purchaser Woes-to pay the premium on said title insurance policy. 5. Within tan (10) days after the execution of this agreement the Seller awes to execute and deliver to Purchaser conveying a general warranty dooYRIM12in the said property to Purohaser, said general warranty dead to be in the form attached Mereto and made part hereof. 4. The property hereinabove described is a strip ap- proximately 200 feet wide and 5600 feet long, and after the ccn- veyance thereof Seller will own property on each side of said strip of land. Purchaser intends to use said property for the purpose of oonstructing, maintaining and operating electric transmission and distribution lines, under or over-ground as it may elect, and for the oonetruction, maintenance and opera+ tion of any end all other faoilitiea, structures and appurtenan- ees necessary or appropriate in connection with the operation of an electric transmission and distribution line or lines, and Purchaser, within a•reasonable time after the purchase of said property, intends and proposes to construct a high voltage electric transmission line over and along the 1Pest 70 feet of the above described property, euch.70 feet being designated as "Strip A" on the plat attached hereto and mado a part hereof, the remaining 130 feet of said strip being designated as "Strip 8" upon said.plt. 66 As to that portion of said strip lying and fall- 2. EXHIBIT A C' 9 Ing vithin the Wa. Norris Survey and being indicated and delin» Gated upon said plat, Purchaser agrees that Seller shall have the right and privilege to remove or cause to be removed, gravel, gaud and other road material from the West 70 feet of the pro.- I{ poerty above desoribed and being delineated as "Strip A° oa the I plat attaohid hereto and aonstltuting a part of the Wm. Norris Survey up to bud not after July 1, 1945. Such removed materials shall be the property of Seller and his assigns. 6. In removing gravel or other material from saki pro- party Seller agrees that no such gravel or other material x111 i be removed or the surface disturbed in any manner by Seller, hie agents, servants, contractors, heirs or assigns, on the following described places located in the Wm. Norrie Survey, smid places having dimensions of 60 z 200 feet each, the center lines i of Game being located as follows: F T S RIP: Beginning At apoint in the et lite of said property 271 feet South of point bf beginning. Thence, West 200 feet to the West line of said property. E ! Beginning at a point in the East line of said property 766 feet South of the point of beginning. i Thence, fleet 200 feet to the meet lice of said property. i THIARD S •Beginning at a point in the East line of said property 1316 feet South of the ggeint of beginning. Sheence, West 200 feet to the West line of said property. FOTHS IP: Beginning at a poAnt in the East IM _ o 13d property 1696 feet South of the point of beginning. Thence, West 200 feet to the West line of said property. FIFTH 9TRIP:Beginning at a point in the East line of said property 2416 Feet South of the point of beginning. Thence, West 200 feet to the West line of I said property. Said five stripe are A.911heated upon said plat hereinbefore referred to 7. It is agreed that the removal of gravel sad other road materl,als from eaid.West 70 feet (called strip °O*) may be 3 EXHIBIT A 3 of done by Beller, his agents, servants, employees and contractors, i without liability to Purobaser if such removal occurs prior to January 1, 1948. As to the removal of gravel and other road mar { terials between January 1, 1948, and July 1, 1948, Beller shall be responsible to Purchaser for any and all property damage and property lose which purchaser may suffer or sustain by reason of the work and operations incident to the removal of such materials. Beller shall also fully protect, indemnify and save harmless the said Purchaser from and against any and all liability for property damage or personal injuries whioh may be caused bysaid work aal operations to other persons lawfully on said strip of land. S. Seller shall have the right, subject to the provisions i of this agreement, to remove or cause to be removed gravel and other road materials (and to sell same as his property) without Limit as to quantity on the property lying in the Wm. Norrie Sur- vey and being delineated on the plat attached hereto as a part of strip OBI up to and until July 1, 1960. Purchaser intenda to erect, construct and maintain electrical transmission and distri- button facilities over, under or along said strip, and as of this date eotiaatee that said construction will be completed and said facilities in use on or about July 1, 1949. In the event Seller removes any gravel or ether road materials from said property after Ouly 1, 1949, Buller agrees that the work will be done in such a manner that the facilities installed or to be installed by Purchaser will not be disturbed or interfered with. It is further agreed that the removal of gravel and other road materials from said east 130 feet (called strip °H•) may be done by Seller, his agents, servants, employees and oontraotors, without liability i to Purchaser if such removal ocoure prior to July 1, 1949. As to the removal of gravel and other road materials between duly i 1, 1949, and July 1, 1960, Sobler shall be responsible to Pur- I chaser for any and all property damage and property lose which purchaser may suffer or sustain by reason of the work and 4 EXHIBIT A operations incident to the removal of such materials. Geller shall also fully proteot, indemnify and save harmless the said Purchaser from and against any and all liability for prop- erty damage or peraoml injuries which nay be caused by said work and operations to other persons lawfully on said strip of land; j In order that the proper removal of the gravel, sand and other road materials may not be unduly restricted or Inter- fared with it is agreed that while such removal is in progress i i on the West 70 Soot of the land covered by this contract Pur- j ab8aerts installations on, q** or under the surSaoe of such 70 feet shall be placed on the 60 x 200 foot strips desoribed In paragraph, 6 hereof and sometimes referrOd to by the parties ae Mlslandeff. 51milarily, the Phrohaser's installations on and under the surface of the East 130 feet shall be confined to the said 11slands" =til the work of retioving materials from that 130 feet is ended; and provided further that seller, his agents, j servants and employees shall not, in any event, remove any material or otherwise disturb the present condition of any of ` said Islands" described in paragraph 6 hereof; and provided further that purohaserla overhead wires may be installed at any time after the execution of the oonveyanoe herein provided for. Purchaser agrees that such overhead wires shall be erected so that the same shall be not lees than 26 feet above the surface of the ground. 8. It is agreed that Seller will require his gravel contractor or gravel buyer to return all excess soil or other material except gravel and road materials in such a manner that such debris and other excess material will not extend more than Sive feet above the presently existing natural level of the Property. 10. Purchaser agrees to remove all trees from the property above described and lying in said Wm. Norris Survey within sixty (60) days from the delivery of the warranty deed 6 f EXHIBITA hereinabove referred to, 11. Seller agrees to convey by a separate conveyance an easement and right-of-Way for ingress and egress from Seller's adjaoent land at the locations of the presently existing JJJi aimilsr easements in favor of United Gas Corporation and Loan Star Gas bompany, subject to the approval, of said United Gas Corporation and Lone Star Gas Company to the granting of euoh I right, but such easement to be granted shall not extend west- . I ward beyond the west line of Purchaser's 200 foot strip. Seller further agrees to convey to Purchaser an easement and right-of- way for the construction, operation and maintenance of one road f eoroae Seller's adjacent property on the fast aide of said strip, the exact location of which to be mutually agreed upon I at the-time of the execution of such oonveyanoe. Such road I will be 50 fent vide, will continue westward clear across i the 200 foot strip of land embraced in this sale and Seller and his tenants, employees, heirs and assigns+ shall have the right to use it without interfering with Purchasers use of It. It is further mutually understood and agreed that Pur- chaser shall have the full and unrestricted right of ingress and egress over Seller4s adjaoent property during the original ' construction of Purchaser's electric transmission lire or lines, provided Sellerls present tenant of the land adjoining the sold strip consents to such ingress and egress. 12. Purchaser agrees that Seiler, his tenants, heirs and assigns, shall have .the right of ingress and egress over, along and across the strip hereby agreed to be conveyed for the pur- 1 I pose of permitting Seller, his tenants, heirs and assigns, to go to and from his adjacent lends, provided, however, such rights shall not interfere with Purchaser's use of the said property, and provided further that said right shall. be re- stricted to the dedicated public thoroughfares herein referred ' � 8 EXHIBIT A � 0� 9 to in the event said adjaoent property is subdivided as herein provided. 13. It is understood and agreed between the parties hereto that Seller, his heirs and assigno may at some time im ! the future divide and subdivide into lots and blooks or traota his adyaoant property to the strip hereby agreed to be con- veyed and that he or they may in oonneotion therewith dedicate oertaln roads, highwaya, alleys and streets as pubifo thorough- fares. horoughfares. In such event Purchaser agrees that it will dedioate not to exceed eleven such thoroughfares, extending East and West•and being not more than 60 feet in width across the strip of property hereby agreed to be conveyed; provided such dedloation is requested by Seller, hie heirs or assigns, in writing to Purchaser and provided that such proposed thoroughfare 4:4 and dedication constitutes a oontinuation of a dedicated public f $haroughfare by Seller, his heirs or assigns, and is for the purpose of oonnsoting public thoroughfares .so dedicated out of suoh adjacent and adjoining property, and provided further i that the dedication of such connecting public thoroughfares does not interfere with the use of said property by Purchaser j or result in Purchaser beingrequired to move any of its ! then existing installations or faoilities. It Is further understood and agreed that Purchaser shall have the right In.the operation and maintenance of said electric transmission and distribution facilities to remove Roes lobated within 26 feet of the Bast and West line of the property Weed to be oonVeyed, provided ouch is done by the end of the year 1948. 16. It is further understood and agreedthat taxes for the current year are to be prorated as of the date of the 'conveyance of said property. q I'PHISIT A 7 ar WITNESS THE EXECUTION HEREOF, this the day of October, A.D. 1941. Watlaoe F. B©az MILER. TEXAS ELECTRIC SERVICE COMPANY By ATTEST sident •U�7w�►i PTIlaCHA9ER sore i THE STATE OF TEXAS COUNTY OF TARRANT BEFORE SSB, the undersigned authority, on this day per- sonally appeared Wallace F. Boas, known to me to be the person whose name is subscribed to the foregoing instrument, and acknov- ledged to me that he executed the same. for the purposes and con- sideration therein expressed. (;Ivan under my hand and seal of office, this _,(& day of October, 1947. WMARY FM�LIO, TARRANT COUNTY, AS THE STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, on this day per- teonally appeared J. B. Thomas, President of Texan RIO rio Servioe Company, known to me to be the person and of;icer whose name in subscribed to the foregoing instrument, and acknowledged to me that the same was the-act of said Texas,Electric Service Company a corporation, and that he executed the same as the act of snoh I corporation, for the.purposes and oonsideratien'therein exprease¢, and in the,ospaclty therein stated. (Moen under my2and and seal of office this IS' day of October, 1947. ,J ,�y No ary Public, Tarrant ounty, Texa0 �hklkM ..1 lrwt�.IMk�' 8 APp"W4 3l0 ronpt 0,WfAliPH11&MOM Ir ! i EXHIBIT A g oFq • - _ •-}tic �.?-.'r•.•�,;.....:a -.-....- .. .-. . . . .. roi t '.!!.•'� l. • -'"�::iz'3.v .,;j'v✓ �',t.'.'��j.: `i4's�}' �'ei�ri nl :{:'":.:ia;..y, .i:::. .y::4` : AN .nos 4 r, t_-�.-�`r.'. T5k'?� t x:s. `•i. '' ��.."�..��''�;.,.rS��:•�•�:"r,E3,i .r t ,i' - .. . . •• r i •��. .�..t.,n.� ,u�;u^. }A� � � ire b � •�, .�.�• .. . ..., ...:_•rn �, � .tib, ,,� . •sf:'i ::eo�.i-..=;9C'1'Sr r',`'^'.. y'�.'2 N..r••.:.`<.•'t'. .'.. . ! 1 I EXHIBIT A i 9 of 9 ONCOR HIKE AND BIKE TRAIL GUIDELINES A SUSTAINABLE COMMUNITY PARTNERSHIP MODEL June t, 2014 6NCPRO TEXAS TRAILS EXHIBIT B Table of Contents Introduction....................................................................................................................................3 GuidingPrinciples.........................................................................................................................3 Background....................................................................................................................................4 I Application/ Process.....................................................................................................................4 Hike and Bike Trail Features.........................................................................................:.............5 LandscapingRequirements........................................................................................................7 LandscapeTemplate....................................................................................................................9 i BMW B Last Update June 1,2014 Page 2 of 9 Introduction In 2011, Oncor announced it will begin to transform pathways under parts of the company's transmission rights-of-way into hike and bike trails as part of the new Oncor Texas Trails program. These trails will help create pathways that will be integral parts of the communities Oncor serves. The Oncor Texas Trails program is also a key part of Oncor's commitment to supporting health and fitness initiatives, as well as a key part of a ! broader Oncor initiative to align Oncor's assets with community needs. 4 The Oncor Texas Trails program will allow Oncor to work proactively with the communities we serve to design a template for recreational use of transmission rights-of- way, including native and low maintenance landscape designs. Oncor hopes that the hike and bike trails will lend themselves to health and fitness oriented events such as community walks, runs, rides and other fitness activities along the trails. These types of events illustrate the importance of living a healthy lifestyle and ! provide an outlet to community members to practice a healthy lifestyle. Guiding Principles The following guiding principles are primary factors when evaluating proposed Hike and Bike Trail plans: • Maintaining the safety of the public and Oncor's employees and contractors; • Promoting a sustainable community partnership model that aligns well with Oncor's philanthropic and community involvement focus on health and wellness; • Ensuring public awareness and support for hike and bike trail projects including the adjacent landowners; i • Maintaining the reliability, security and electrical clearance requirements of ! Oncor's transmission and distribution lines; • Preserving Oncor's ability to access facilities for on-going and future inspection, operations and maintenance needs; • Ensuring the corridor is not constrained in a way to prevent meeting future grid electrical needs, system upgrades, etc.; • Avoiding increased maintenance expense or liability for Oncor. • Sustaining and protecting the Licensee's investment in a hike and bike trail. EXHIBIT B Last Update June 1, 2014 Page 3 of 9 I Background Oncor's transmission line rights-of-way (ROW) primary purpose is to provide safe and reliable electric service to the public. The ROW is used by Oncor to construct, operate, and maintain transmission and in some cases distribution facilities. When possible, the use of the ROW for hike and bike trails is a great way for Oncor to partner with cities in our service area. The width of a transmission line ROW depends on the voltage of the line and the height of the structures, but can be 70 to 160 feet wide or more depending on the type of facilities and their location on the ROW. Transmission lines transfer electricity from generating stations to substations. From these substations, the electricity is distributed to individual homes and communities through distribution lines typically supported by wood poles called distribution poles. These distribution lines and poles are smaller in size, carry a smaller amount of electricity, and are spaced closer together as compared to transmission lines and structures. Since overhead electric lines are un-insulated, the design of these lines requires that minimum clearances be maintained for safety and reliability. Trees and other plant materials can cause interruptions to electric service if they grow into or fall upon the overhead electric lines. Since 1996, tree and power line conflicts have been implicated as the cause of three large-scale electric grid failures in the US and Canada, including the massive August 14, 2003 blackout that affected 50 million people. As a result, the industry practice of tree clearing both within and along the edge of ROW has become more stringent. The development of Hike and Bike Trails and Landscaping Enhancements must be carefully planned and these guidelines have been developed to ensure a sustainable community partnership where transmission line ROW remains in compliance with all clearances, safety regulations, and good engineering practices that pertain to existing and future electric transmission and distribution facilities. Application/ Process Each transmission right of way is unique and as such, Oncor reviews each project for approval. These Guidelines and Landscaping Templates are provided as information to minimize misunderstanding and ensure that improvements that are proposed by a community will be possible. Before developing details plans for a Hike and Bike Trail on Oncor property, the entire proposed scope of the Hike and Bike Trail (including those portions of the proposed trail not impacting Oncor's property) should be submitted to Oncor for review. This preliminary review process is intended to provide project feasibility feedback to the potential Licensee regarding the use of Oncor's property for Hike and Bike Trail purposes before the Licensee makes significant financial investments and plans. EXHIBIT B Last Update June 1,2014 Page 4 of 9 The Hike and Bike Trail project plan documentation requirements are as follows: • Submit a set of preliminary, scalable plans showing the property lines, transmission and distribution structures, existing facilities (roads, telecom, etc.) and proposed trail location. j • Indicate all proposed grading /elevation modifications. • Utility access route to be shown on plans. • If possible, discuss future desired trail improvements if not part of the original plans. Hike and Bike Trails License Agreements are for use with city or county governments. Oncor will not license a hike and bike trail to other entities such as homeowner's associations. Hike and Bike Trails are intended for application on typical 138,000 volt or 69,000 volt ROW owned by Oncor. Oncor will review proposed trail locations for appropriate application in the event the property configuration or facility limitations cannot accommodate a Hike and Bike Trail. The Licensee must conduct an open meeting for all adjacent property owners and the public before the start of a hike and bike trail project to ensure public awareness and support. Oncor reserves the right to approve or deny Hike and Bike Trails and the trail design or landscaping in certain areas and situations consistent with the Guiding Principles. Hike and Bike Trail Features It is important for Oncor to be provided the full scope of a community's proposal for the success of the project and to protect the city's investment in the trail. Following are specffic requirements: Trail Design Requirements • One side of the transmission line ROW must remain open throughout the trail to allow Oncor access for maintenance and operations. Typically a minimum of 15 feet is required for vehicular access. • The maximum concrete trail width is 12 FT. • Divided concrete trails are not allowed. • Bollards will typically be required at road crossings. • Trail construction will minimize changes to the existing grade, elevation, and contours within the ROW. • Written consent is required from Oncor, prior to any excavation or trenching within the ROW. • Minor changes will be permitted to comply with American with Disabilities Act. EXHIBIT B Last Update June 1,2014 Page 5 of 9 Amenities The following commonly requested hike and bike trail amenities are generally acceptable with some restrictions: ` • Crossing Metal Fences - maximum height 8 feet, crossing angle at 45 to 90 degrees to the centerline of the ROW. • Trash Receptacles - at road/street crossings. • Trail Identification Signage - non-conductive materials only, trail name identification at the road/street crossing, maximum height 6 feet. • Mile Marker Signage - non-conductive materials only, recommended one per mile, edge of ROW, maximum height 6 feet. + • Rest Areas - located adjacent to publically available road/street access. • Pedestrian Benches - maximum length 6 feet, located adjacent to publically available road/street access. • Shade Features—typically located within rest areas, non-conductive, non- climbable, work closely with Oncor on height and ROW location to ensure electrical clearances are met. • Low Water Crossings- permitted with minimum grade/elevation change. • Decorative Walls—incorporated within landscaping features, maximum height 5 feet. • Sprinklers—low pressure drip irrigation only and in areas of approved landscaping vegetation only. • Portable Restrooms—temporary ONLY for events and construction. Restrictions Consistent with the Guiding Principles, the following improvements are typically not compatible with transmission ROW, but can be incorporated into the overall hike and ' bike trail design outside the transmission ROW and not on Oncor property: • Structures (e.g. pavilions, cabanas, playground equipment, storage buildings, etc.) • Longitudinal Fences (conductive or non-conductive) • Electrical lighting or wiring • Dumpsters • Parking Lots • Ponds • Bridges EXHIBIT B Last Update June 1,2014 Page 6 of 9 Landscaping Requirements Vegetation density and height are critical issues affecting the safe and reliable operation of Oncor transmission lines. Landscaping requirements attempt to provide basic guidelines for a space that allows compatible use of vegetation and visually attractive landscaping features with the use of Oncor's electric facilities in accordance with the Guiding Principles. Before any new transmission line ROW landscaping plan for a Hike and Bike Trail or Landscaping Enhancement is approved, Oncor will work with the licensee to indentify all existing vegetation incompatible with these Landscape Requirements and determine the plan for removal. Once a new landscaping design is approved by Oncor, the improvements may be installed and are maintained by the Licensee. The license agreement for the hike and bike trail requires the Licensee maintain the entire length and width of the transmission line ROW covered under the license agreement - not just the areas within and immediately adjacent to the trail. i Visual Interest Features Features that promote visual interest such as vegetation, rocks, planting beds, berms, etc. are often desirable features in a landscape plan. Oncor will review and if appropriate approve these features for potential clearance and access issues, consistent with the Guiding Principles. For the purposes of landscape design requirements, a Landscape Template is provided to communicate where visual interest features are generally acceptable and offer the least interference with ROW access and clearance with electric facilities. The template describes three general zones: • Structure Zone—includes a 25 foot space surrounding a transmission structure. Typically turf only. i • Sag Zone—includes the middle 40% of the ROW between transmission structures and 10 feet outside the outermost overhead transmission conductor. Grass type plantings only. Visual interest features and other amenities are typically incompatible. • Visual Interest Zone—features might include approved vegetation, rocks, planting beds, berms and amenities. Typically limited to 5 foot in height. Other utility facilities within the transmission ROW such distribution lines 1 poles, substations, utility boxes may exist. Areas within 25' of these facilities should be turf only. The density of vegetation (all types) for all zones should not exceed 25%of the total space available by landscape area per span. There should be no plantings, stands, or beds that cover the entire length or width of any zone so as to form a barrier to visibility or travel by foot or by vehicle from one Zone to the next or one span to the next. DCHIBIT B Last Update June 1,2014 Page 7 of 9 i Adequate breaks or spacing between beds or stands should exist to provide for foot and vehicle travel through these Zones. Following are the minimum spacing requirements for certain types of plant material: Shrubs-Minimum 15 ft spacing outside of planting beds Ground cover/Flowers/Bunch Grass—typically limited to planting beds Grade The existing ROW should be sufficiently graded to provide good drainage and avoid standing water. Care should be taken during trail construction to avoid any changes in the grade within the transmission line ROW, thus preventing any drainage issues or 1 concerns from adjacent landowners. j Plant Materials and Landscape Layout I All plant material that will be installed will be noted on the trail landscaping plans at the exact location where it will be planted. The specific species and variety of all plant material must be listed on the plans. The following Recommended Plant Material List is intended as a guide and does not guarantee that the plants listed will not exceed the maximum height under certain conditions. Licensee will be responsible ensuring that the maximum allowable height of plant material is not exceeded at any time. If, upon inspection by an Oncor representative, plant material is found that exceeds the maximum height allowed for the Zone where it is planted, Oncor representatives will mark(Tag) the plant material for removal by Licensee. Replacement of the plant material will be at the sole cost of the Licensee. If Licensee fails to remove the plant material that has been tagged by Oncor as non-compliant, Oncor reserves the right to remove the plant material and Oncor's discretion after 30 days written notice to Licensee. Vegetation height at maturity must not exceed 5 feet. The following list of ornamental plants generally meets these requirements. No trees will be approved as part of a landscape design on transmission ROW. Other plants may be submitted for review on a case-by-case basis. EXHIBIT B i Last Update June 1,2014 Page 8 of 9 Recommended Plant Material List American Beautyberry- Callicarpa americana Apache Plume Fallugia pardoxa Bat Face Cuphea Cuphea Ilavea Bridal Wreath Spirea Spiraea cantoniensis Bridal Wreath Pirea Pirea patens Butterflybush(blackbush) Buddleia cacidii var black Knight/Bonnie Coraiberry Symphoricarpos orbiculatus Cliff Spirea Holodiscus dumosus Creosotebush Larrea tridentate Fern Acacia Acacua angustissima Firebush Hamelie patens Flame of the Woods Ixora cocclnea Golden Currant Ribes aureum Oak leaf Hydrangea Hydrangea quercitolia Primrose Jasmine Jasminum rrresnyi Rabbitbrush Chysothamnus nauseosus Rockspray Cotoneaster Cotoneaster horizontalis Shrubby Cinquefoil Potentilla jruiticos Texas Sage LeuoophyAum virginicus Three Leaf Sumac Rhus frilonata Winter Honeysuckle Bush Lonicerairagrandssima Yellow Bird of Paradise Caesalpinia gilliesu Landscape Layout Template structw*zone Say Zona visual Interea Zona Distant Varies R0 W.t!l7rlUt VA*S LEGEND: � A S#Wturle Zona•25 Foot Perimeter From Tower Sag ZOOO-Middle 40%In-between Transmission as T:)wcrs and 10 Feet Outside the Outermost Overhead .. Transmission lines.Grass-Tyne Planting Only. w a, Visual Interest Features such as Rocks, Planting Beds,Berms,Amenities,etc. Typically Limited to 5 Foot in Height. EXHIBIT B Last Update June 1,2014 Page 9 of 9 -------------------------------------------------------- I " - 'LL 6 + � ' m s LL �}�8•i,7 Iii'" ei• i O Oto " E Z 3:1 Iro - t w R a rrs rami$ ER O 1 er ., • r,�r. . r S X 11 a=c rte- H i 29 0 In 0 00+001 VIS-All HOlVM 0+IFO I tl S-3 ll HDONJill ii I 8 I r a , 'Irl�►yit�l tl. I 01 i —,1III SII it 1 of tar 1 e �/ 'C�' ,''//' � � 1 I zs• •i01� � C-201 3A 1 u ca 8 I t l kVC.M 1 f f 1 1 t I &L-14P '� o• I I I at ur s I � it•:.. 1 N ( fa'lar i. i� �, � il, ." sc•ew 8 I 0+0 1 W.IS-31IN11 H3iVn 8_ p0 inI If1 r f P r f f KNI33tiA [!tit•/3IfO1W M t RZ Ke 1 !101/!/ leltw •lltlt-Y-IOITµNYt\YO+ITlatit\.000It\e EXHIBIT; C I --------------------------------------------------------- CONSTRUCTION LIMITATIONS ON ONCOR ELECTRIC DELIVERY COMPANY RIGHT OF WAY , EXHIBIT "D" 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. i i 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. i j Hike&Bike Trail Agreement 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 I 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 tower. 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 i portion of the 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, 817496-2746. 17.No hazardous materials will be stored on the right of way. I Hike&Bike Trail Agreement i 18.For purposes of this document, "Hazardous Materials" means and includes those substances, including, without limitation, asbestos-containing material containing more than one percent (10%) 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 defmition of hazardous or toxic waste, materials or substances under j 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 M.,the Federal Water Pollution Control Act, 33 U.S.C. §1251, et sea., the Clean Air Act, 42 U.S.C. §741 et sea.,the Clean Water Act, 33 U.S.C. §7401 et sea., 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. i 19. Brush and cut timber will not be piled or stacked on Oncor right-of-way or will not be I burned upon or in close proximity to the conductors or towers. 20. No structures or obstructions, such as buildings, garages, barns, sheds, 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. Hike&Bike TraU Agreement 23. 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 foot thick by one foot wide, if pipe is wider than one foot, then width of pipe, with the top of the concrete barrier to be at least one 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 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 10 foot clearance between the pipeline and the underground electric i. facilities. i i i I I Hike&Bike Trail Agreement