HomeMy WebLinkAboutContract 49079 CITY SECRETARY;, i
CONTRACT NO. t Lot 1, Block 1,4 Properties 4BKE Addition
ENCROACHMENT ON EASEMENT
WHEREAS, Tri-County Electric Cooperative, ("Tri-County) holder of an easement in Tarrant
County, Texas, which is recorded in Document No. D213284460 of the Deed Records of Tarrant
County, Texas ("Easement"); and
WHEREAS,the City of FortWorth ("User"); desires permission to construct, operate and maintain
an underground water utility ("Encroaching Facility") within the boundaries of the Easement
("Easement Area").
NOW, THEREFORE, in consideration of the mutual covenants contained herein, and other good
and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,Tri-County
and User do hereby agree as follows:
1. Location of Encroaching Facility. User may locate the Encroaching Facility in the
Easement Area as described and shown on the attached drawing, marked Exhibit "A" and
incorporated herein. User may not relocate the Encroaching Facility within the Easement Area
without the consent and approval of Tri-County, which consent and approval shall not be
unreasonably denied.
2. Restrictions on Use of Easement Area. User shall use only so much of the Easement
Area as may be necessary to construct, maintain and repair the Encroaching Facility. User 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 Encroaching Facility. Except in the event of an emergency, Tri-County shall be
notified forty-eight(48) hours in advance before any work by or on behalf of User begins within the
Encroachment Area. In the event of an emergency, User shall make best efforts to notify Tri-County
of any work within a reasonable time of being made aware of the emergency situation. At the
conclusion of any construction, User shall remove all debris and other materials from the Easement
Area and restore the Easement Area to the same condition it was in prior to the commencement of
User's construction thereon or in proximity thereto,with exception to the encroachment(s)permitted
herein.
User shall not place trash dumpsters,toxic substances or flammable material in the EasementArea.
Further, if the Easement Area has transmission or distribution facilities located thereon, User shall
not place upon the Easement Area any improvements, including but not limited to, buildings, light
standards,fences (excluding barriers installed around transmission tower(s)),shrubs,trees or signs
unless approved in advance in writing by Tri-County.
3. Maintenance of Encroachinq Facility. User, at User's sole expense, shall maintain and
operate the Encroaching Facility. Tri-County will not be responsible for any costs of construction,
reconstruction, operation, maintenance or removal of User's Encroaching Facility.
4. Risk and Liability. User assumes all risks and liability resulting or arising from or relating to
Lot 1, Block 1, 4 Properties 4BKE Addition
Encroachment on Easement Page 1 of 5
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
User's use,the existing condition or location, or existing state of maintenance,repair or operation of
the Easement Area. It is further agreed that Tri-County shall not be liable for any damage to the
Encroaching Facility as a result of Tri-County's use or enjoyment of its Easement,except in the case
of damages caused from Tri-County's negligence. Any Tri-County property damaged or destroyed
by User or its agents, employees, invitees, contractors or subcontractors shall be repaired or
replaced by Tri-County at User's expense and payment for reasonable costs associated with repairs
or replacements is due upon User's receipt of an invoice from Tri-County.
5. Indemnification. User,to the extent allowable by law,agrees to defend,indemnify and hold
harmless Tri-County, its officers, agents and employees, from and against any and all claims,
demands, causes of action, loss, damage, liabilities, costs and expenses(including attorney's fees
and court costs) of any and every kind or 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
negligence, misconduct or omission of User, its officers, agents, associates, employees,
contractors,subcontractors,subconsultants, or any other person entering onto the Easement Area
or may arise out of or be occasioned by the use of the Encroaching Facility, except that the
indemnity provided for in this paragraph shall not apply to any liability resulting from the sole
negligence of Tri-County, its officers, agents, or employees or separate contractors,and in the event
of joint and concurrent negligence of both Tri-County and User, responsibility, if any, shall be
apportioned comparatively. Nothing contained herein shall ever be construed so as to require User
to assess,levy and collect any tax to fund its obligations under this,paragraph.Article XI Section 5 of
the Texas Constitution provides that a city is prohibited from creating a debt unless the city levies
and collects a sufficient tax to pay the interest on the debt and provides a sinking fund. The City of
Fort Worth has not and will not create a sinking fund or collect any tax to pay any obligation created
under this section.
6. This Agreement may not be assigned by User without the prior, written consent of the Tri-
County,which will not be unreasonably withheld.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.
7. This Agreement contains all the terms, promises,covenants,conditions and representations
made or entered into by and between Tri-County 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 Tri-County 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.
This agreement shall extend to and be binding upon User and its successors and authorized
assigns, and is not to be interpreted as a waiver of any rights held by Tri-County under its
Easement. Further,this agreement is not to be interpreted as a waiver of any rights User may have
by virtue of being a governmental entity, except as expressly set forth herein.
Lot 1, Block 1, 4 Properties 4BKE Addition
Encroachment on Easement Page 2 of 5
APPROVAL:
Tri-County c Cooperative, Inc.
J
By:
Jo i n Wood
President of the Board of Directors
ACCEPTANCE:
City of Fort Worth
By:
Jesus J Chapa
Assistant City Manager
Date:
APPROVAL RECOMMENDED:
By:
FQRTGJ� Chris Harder, P.E.
Assistant Director, Water Department
X APPROVED AS TO FORM and LEGALITY
ATTEST:
By: r�
Mary Kays City Secretary Lynn M. i t r
Assistant City Attorney
Form 1295 n/a
Lot 1, Block 1, 4 Properties 4BKE Addition
Encroachment on Easement Page 3 of 5
OFFICIAL RECORD
CITY SECRETARY
FT.WORTINv TX
STATE OF TEXAS §
COUNTY OF §
BEFORE ME, the undersigned authority, on this day personally appeared
,)C5V& J. Ckg -jJ - , as the V�5,A- CAAA (Ma of the City of Fort Worth,
known to me to be the person whose name is subscribed to tPlela foregoing instrument and
acknowledged to me that he/she executed the same as the act and deed of the City of Fort Worth,
and for the purposes and consideration therein expressed and in the capacity therein stated, and
that he/she was authorized to do so.
�r
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
1C A.D.2017.
LINDA M. HIRRLINGER
Notofy Public.State of Texas
Comm,Expires 02-02-2018 Notary Public in and for the State of T-bxas
Wary ID 12414474.6
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME,the undersigned authority, on this day personally appeared JORDEN WOOD,
President of the Board of Directors of TRI-COUNTY ELECTRIC COOPERATIVE,INC,known to me
to be the person whose name is subscribed to the foregoing instrument and acknowledged to me
that he executed the same as the act and deed of Tri-County Electric Cooperative, Inc. and for the
purposes and consideration therein expressed and in the capacity therein stated, and that he was
authorized to do so.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this I ` day of
(V-�1 , A.D.2017.
..........
TERRY EASON
MY COMMISSION EXPIRES Notary Public in and fc0the State of Texas
FEBRUARY 11,2018
Lot 1, Block 1, 4 Properties 4BKE Addition
Encroachment on Easement Page 4 of 5
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.
r?
Name of Employee
S�NI�i ���•rll�s� �Ny/A/�i
Title r
Lot 1, Block 1, 4 Properties 4BKE Addition
Encroachment on Easement Page 5 of 5
NORTHSIDE H 48 INCH WATER MAIN,PHASE I
PARCEL No.35 PE
CITY PROJECT No. 02082
2484 GOLDEN TRIANGLE BLVD.
LOT 1,BLOCK 1,PROPERTIES 4BKE ADDITION
EXHIBIT"A"
Being a permanent water facility easement out of Lot 1, Block 1, of Properties 4BKE Addition,
an addition to the City of Fort Worth,Tarrant County,Texas, as recorded in County Clerk's File
No. D213284460 of the Official Public Records of Tarrant County, Texas, said Lot 1 being
deeded to Properties 4BKE, LLC as recorded in County Clerk's File No. D213175127 of said
Official Public Records of Tarrant County, Texas, said permanent water facility easement being
more particularly described by metes and bounds as follows:
BEGINNING at a 5/8 inch iron rod with cap stamped"AW4186"found for the northwest corner
of said Lot 1, said 5/8 inch iron rod with cap stamped "AW4186" being in the east line of
Harmon Road(a variable width right-of-way);
THENCE South 76 degrees 13 minutes 56 seconds East, with the north line of said Lot 1 a
distance of 25.30 feet to a point for the beginning of a non-tangent curve to the left
having a radius of 1023.31 feet, a central angle of 03 degrees 44 minutes 26 seconds
and whose chord bears South 21 degrees 03 minutes 39 seconds West, a distance of
66.79 feet,from which a 5/8 inch iron rod with cap stamped"AW4186"found for the
northeast corner of said Lot 1 bears South 76 degrees 13 minutes 56 seconds East, a
distance of 555.19 feet;
THENCE with said non-tangent curve to the left an are length of 66.81 feet to a point for comer
in the west line of said Lot 1, said point being in the east line of said Harmon Road;
THENCE North 00 degrees 28 minutes 47 seconds West, with the west line of said Lot 1 and
with the east line of said Harmon Road, a distance of 68.36 feet to the POINT OF
BEGINNING and containing 814 square feet or 0.019 acres of land,more or less.
Notes:
(1) A plat of even survey date herewith accompanies this legal description.
(2) All bearings and coordinates are referenced to the Texas Coordinate System,
NAD-83, The North Central Zone 4202, all distances and areas shown are
surface.
Date: May 21,2015
OF eR ay
CURTIS SMITH _
Curtis Smith `:°p 5494 Pv
Registered Professional Land Surveyor No. 5494 Ss\ ..' to
Firm No. 10106900 S
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FORTWORTH
CCuntracct Cumphance 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.
4nature
Roberto C. Sauceda, RE
Name of Employee
Water Department-Engineering
Department
Senior Professional En ig neer
Title
817-392-2387
Phone
S / * l�
Date
WATER DEPARTMENT
ENGINEERING AND FISCAL SERVICES
THE CITY OF FORT WORTH * 1000 THROCKMORTON STREET * FORT WORTH, TEXAS 76102
817-392-8240 * Fax 817-392.8195
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