HomeMy WebLinkAboutContract 51599 CITY SECRETARY
CONTRACTNO.. 5159°
O
VQX"' ' UCE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,YOU
\XVREMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION
Al ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL
oO$ROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR
SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
TEMPORARY WORK AREA EASEMENT
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TARRANT §
That the CITY OF FORT WORTH, TEXAS, a home rule municipality, hereinafter
called "Grantor", for and in consideration of Ten Dollars ($10.00) and other valuable
consideration to Grantor in hand paid by TARRANT REGIONAL WATER DISTRICT, a
water control and improvement district, whose address is 800 E. North Side Drive, Fort Worth,
Tarrant County, Texas 76102,hereinafter referred to as"Grantee",has granted, sold and conveyed
and by these presents does grant, sell and convey unto said Grantee, its successors and assigns, a
temporary work area easement and right-of-way under, over, through, across and upon Grantor's
land described below (the "Easement Area"). The temporary work area easement and right-of-
way is s o 1 e 1 y for the excavation, removal, and deposit of fill; to move, store and remove
equipment, machinery and supplies; and to erect and remove temporary structures and to perform
any other work or perform such other activities in or upon the Easement Area as necessary and
incident to the construction and operation of the Riverside Oxbow Phase II Sites H&I,Fort Worth,
Texas Project (the "Project"), together with the right to trim, cut, fell and remove all trees, brush,
obstructions, and any other vegetation, structures, or obstacles within the limits of the Easement
Area and with all rights of ingress and egress and access to and from the Easement Area
(following at least ten(10)days advance notice to the Director of Grantor's Program Management
Office or his authorized designee (the "Director") by the Grantee before undertaking work in
Easement Area), reserving, however, to Grantor, its successors and assigns, all such rights and
privileges in and to the Easement Area which may be used without interfering with or abridging
the rights and easement granted hereby.
A portion of the Easement Area as identified as a Haul Road and as shown on the drawing
attached hereto as Exhibit"A"is to be constructed by the Grantee and at Grantee's sole cost during
the Project. The sole purpose of the Haul Road is to allow the Grantee to haul materials from Site
H to Site I across the Easement Area.
The temporary work area easement and right-of-way shall begin on the date that the
Grantee begins use of the Easement Area for the purposes set forth herein(the"Beginning Date").
Grantee shall provide written notification to the Director at least ten (10) days prior to Grantee's
use of the Easement Area.
T he temporary work area easement and right-of-way shall expire upon the earlier of the
completion of the Project or at 11:59 p.m. on the 234th calendar day following the Beginning Date.
However, the Grantor may, in its sole discretion, extend the term of the temporary work area
easement and right-of-way as required for the completion of Project, if requested in writing by the
1
Grantee. Such request shall include Grantee's proposed terms, scheduling and needs and shall be
sent to Grantor at least thirty(3 0) days prior to the expiration of the temporary work area easement
and right-of-way. The Grantor shall respond to the Grantee's request within seven (7) business
days. Any such extended term shall be only for purposes of the approved Project plan and for no
other uses. The Grantor reserves the right to modify such extended term as it deems necessary for
its operations.
Grantee shall properly maintain the Easement Area and, upon the expiration of the
temporary work area easement and right-of-way, shall remove all construction debris and other
materials from the Easement Area and shall restore the Easement Area per the specifications and
drawings for construction.
Grantee agrees that, if during the course of the exercise of its rights under this temporary
work area easement and right-of-way, damages result to the Easement Area, as reasonably
determined by the Director, Grantee shall repair or restore the same to a condition reasonably
satisfactory to the Director within thirty (30) calendar days of completion of the Project, unless
otherwise agreed to by the parties in writing.
The Easement Area is described as follows:
Being all of those portions of Gateway Park, Fort Worth, Tarrant County,
Texas, as shown on the drawing attached hereto as Exhibit "A," including,
without limitation, the portions of Gateway Park marked on Exhibit "A" as
"Construction Entrance," "Haul Road (As Constructed by Contractor),"
"Disposal Road," "Haul Road (As Constructed Existing)," "Haul Road
To/From Site I on Park Road," and "SITE I."
TO HAVE AND TO HOLD the above described temporary work area easement and
right-of-way unto the said Grantee,its successors and assigns,until the expiration of the temporary
work area easement and right-of-way, and in that event said temporary work area easement
and right-of-way shall cease and all rights herein granted shall terminate and revert to Grantor
or Grantor's successors, assigns, and legal representatives, and Grantor agrees to warrant and
forever defend the above described temporary work area 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,
subject, however, to existing easements for public roads and highways, public utilities, railroads
and pipelines.
(Signature page follows)
2
EXECUTED this 411 day of Decem4ee , 2018.
CITY OF FORT WORTH, TEXAS,
a home rule municipality
0-
R r
Name
J. Kayser, City c C,`� A ' * _-
Printed Name: Fr.�a.,Ja Costz
Title: Art. Crfw /'9w q"'
STATE OF TEXAS §
COUNTY OF TARRANT §
,(� �y_ IBefore me, he dersigne authority, on this day personally appeared
V"� PAAk &Srn (S , known to me to be the person whose
name is subscribed to the foregoing instru ent,�cknowledged to me that he/she executed
the same as the act and deed of the City of Fort Worth, Texas, and for the purposes and
consideration therein expressed, and in the capacity therein stated, and that he/she was authorized
to do so.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 4�_- day of
A. D. 2018.
=`.'.� ExPlres
IA S.SMCHEZ Md"Lltary ID#2258490Not Public in and for the Stat of Texas
December 19,2021
P.\TRWD\Trinity River Vision\Property Acquisitions\City of Fort Worth\Temporary Work Area Easement-Site L doe
AFTER RECORDING,RETURN TO:
Tarrant Regional Water District
800 E.North Side Drive
Fort Worth,TX 76102
M&C: '16M 11 (13118
3
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CORPS OF ENCJEERS u.S.ARMY
LEG-ND TRACT REGISTER
FEE TRACT LANDOWNER ACREAGE REMARKS
FEE EASE WENT
_ TEMPORARY WORK EASEMENT - ORIGINALLY PART OF TRACTS }13,
j C513 ROBERT FROST ---- 51J & 51B; DEED I.N. 102U61�y}.'_'776
y {I516 ROBERT FROST ---- ORIGINALLY17 & 518; DEED N .T0206•g98RACTS 06
517 ROBERT FROST ---- ORIGINALLY PART OF TRACTS 516,
_ 517 & 518; DEED I.N. +132DV898GE
518 ROBERT FROST ---- ORIGINALLY PART 9F TRACTS $16,
517 d: 519; UEED I.N. JD2q&$9£.06
' 541 CITY OF FT. WORTH --- TEMP WORK AREA EASEMENT
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ICI ENGINEER
SOLINWESTERN DlVI510N
MAP TO BE USED FOR ��� el REAL ESIATE
E%rIBIT PURPOSES ONLY �R1
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Irr1Er+T INDEX OXBOW SITES H &
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AUDITED
11gl+uAN0m PWCT i0. SNEET (Y_UNAMING N0.
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on :1111312018
DATE: Tuesday, November 13, 2018 REFERENCE NO.: **L-16160
LOG NAME: 80GATEWAY PARK TRWD TEMP ACCESS AGREEMENT
SUBJECT:
Authorize Execution of Memorandum of Understanding with Tarrant Regional Water District and the U.S.
Army Corps of Engineers and Authorize Granting of a Temporary Access Easement to the Tarrant
Regional Water District for Access Through Gateway Park for the Trinity River Valley Storage Project
(COUNCIL DISTRICT 4)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of a Memorandum of Understanding with
Tarrant Regional Water District and the U.S. Army Corps of Engineers and authorize the granting of a
temporary access easement to the Tarrant Regional Water District for access through Gateway Park for
the Trinity River Valley Storage Project.
DISCUSSION:
The purpose of this Mayor and Council Communication (M&C) is to authorize the execution of a
Memorandum of Understanding (MOU) with the Tarrant Regional Water District (TRWD) and the U.S.
Army Corps of Engineers and to authorize the granting of a Temporary Access Easement to TRWD,
permitting the use of parkland at Gateway Park (Park) for temporary access to install Trinity River Valley
Storage improvements on the property adjacent to Gateway Park.
The TRWD has requested the use of approximately 2.367 acres of Gateway Park to serve as a temporary
access route between development sites H & I, which are a part of the Trinity River Valley Storage
Project. The haul route is necessary as contractors will be removing and distributing dirt between sites H
& I (see attached exhibit) in order to create additional valley storage for the Trinity River Valley Storage
Project. The material being transferred from site H to site I will also be used to fill in the original Waste
Water Treatment Facility located in Gateway Park. A three party MOU between the U.S. Army Corps of
Engineers, TRWD and the City of Fort Worth will establish the parameters of this portion of the project.
The overall project is part of the Trinity River Valley Master Plan adopted by Council on June 3, 2003
(M&C G-13989) and Gateway Park Master Plan adopted by Council on May 14, 2002 (M&C G-
13624). The proposed access locations take into consideration the park infrastructure and user
accessibility. The access route is depicted in the attached exhibits. Installation of fencing will be required
along the access route. Trees permitted for removal will be mitigated on a caliper inch-per-inch basis.
TRWD will be responsible for repairing and restoring the park to a condition as similar to or better than
that which existed prior to the construction.
Gateway Park is located in COUNCIL DISTRICT 4 and is classified as a metropolitan park.
This contract will be with a governmental entity, state agency or public institution of higher education:
(Tarrant Regional Water District and United States Army Corps of Engineers).
Logname: 80GATEWAY PARK TRWD TEMP ACCESS AGREEMENT Page 1 of 2
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 ccoun Project JProgram ctivity Budget Reference # moun
ID ID Year Chartfield 2
FROM
ff�epartment ccoun Project Program 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)
ATTACHMENTS
1. Aerial Street Map Gateway Park.pdf (Public)
2. MC Haul route.pdf (Public)
Logname: 80GATEWAY PARK TRWD TEMP ACCESS AGREEMENT Page 2 of 2
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MAYOR AND COUNCIL COMMUNICATION
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