HomeMy WebLinkAboutContract 34003 CITY SECRETARY
"ONTRACT NO.
AGREEMENT
This Agreement is entered into as of the day of , 006, by Westfork Pipeline
Company LLC (Westfork) and the City of Fort Worth (City), a home rule municipal
corporation, acting by and through its duly authorized Assistant City Manager.
WHEREAS, Westfork has requested a twenty-foot gas pipeline easement in the
southern portion of Cobb Park from the City to install one 10" inch steel pipeline for the
gathering of natural gas and one 4" water flowback service line;
WHEREAS, Westfork has also requested a forty-foot wide temporary
construction easement adjacent to the twenty-foot gas pipeline easement in order to
construct its improvements;
WHEREAS, the City has agreed to allow Westfork to construct one 10"inch steel
pipeline for the gathering of natural gas and one 4" steel water flowback service lines in
the easement area in exchange for Westfork paying for a Mater Plan for Cobb Park in the
amount of$97,381.60.
WHEREAS, the Fort Worth City Council approved of the granting of the
easements on June 20, 2006 (M & C L-14200) and converted park land as required by
state law.
NOW THEREFORE, in consideration of the mutual covenants and promises
contained herein, Westfork and the City agree as follows:
1. Upon execution of this Agreement, City shall execute an Underground Pipeline
Easement Agreement conveying Westfork a easements to construct, install and
maintain a gas pipeline and service line in exchange for Westfork paying for a
Master Plan to be completed for Cobb Park.
2. The Master Plan shall be completed according to City specifications, which shall
be delievered to Westfork within 30 days of execution of this Agreement.
3. The cost of the Master Plan shall not exceed $97,381.60.
4. Westfork shall construct the pipeline and service line at its sole cost and expense
and subject to the terms contained in the Underground Pipeline Easement
Agreement. The Underground Pipeline Easement is attached as Exhibit "A".
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5. Westfork understands and agrees that upon Westfork entering into an Agreement
for a Master Plan to be completed for Cobb Park in accordance with City's
specifications, the City shall file the easement in the Tarrant County Deed
Records.
CUTZ D in triplicate in Fort Worth, Tarrant County, Texas.
STFO PIPELINE COMPANY LLC. CITY;gF FORT WORTH
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Dale, Libby Watson
P ij
ent Assistant City Manager
Date: GS �� ��� Date: 2 `d(o
APPROVED AS TO FORM
Assistant C ty Attorney
ATTEST:
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City Secret
Cont�LaccttAuthnoriaatioa
Date
UNDERGROUND PIPELINE EASEMENT AGREEMENT
THE STATE OF TEXAS §
COUNTY OF TARRANT §
This Underground Pipeline Easement Agreement (this Agreement") is entered into
between the City of Fort Worth, Texas, a municipal corporation of Tarrant County, Texas
("GRANTOR") and Westfork Pipeline Company LLC (GRANTEE").
For and in consideration of GRANTEE constructing improvements on Grantor's property
and other good and valuable considerations in hand paid, the receipt of which and sufficiency of
which is hereby acknowledged, and in consideration of the covenants contained herein,
GRANTOR and GRANTEE agree as follows:
1. Subject to the terms of this Agreement, GRANTOR hereby grants and conveys to
GRANTEE an easement (the "Easement") over, under and across the property described
in Exhibit "A" and "B" attached hereto (the "Easement Tract"). This grant and
conveyance is made subject to all matters of record affecting the Easement Tract.
2. In addition, subject to the terms of this Agreement, GRANTOR hereby grants and
conveys to Grantee a temporary construction easement ( the "Temporary Construction
Easement") over and across the property described in Exhibit "A" and "B", attached
hereto. This grant and conveyance is made subject to all matters of record affecting the
Temporary Construction Easement Tract and shall automatically terminate on February
1, 2007.
3. The term of the Easement shall be for twenty(20)years.
4. The Easement shall only be used for the purpose of constructing, maintaining, operating,
repairing, altering, replacing, and removing a ten inch gas pipeline and a four inch water
flow back service line and appurtenant facilities for the transportation of natural gas
across, under and upon the Easement Tract.
5. GRANTOR reserves and retains the right to grant other rights and easements across, over
or under the Easement Tract to such other persons as GRANTOR deems proper, provided
such other grants do not interfere with the use of the Easement by GRANTEE for the
purpose set forth herein.
6. GRANTEE shall have all of the rights and benefits necessary or convenient for the full
enjoyment or use of the right herein granted, including, but without limiting the same to
the free right of ingress to and egress over and across said lands to and from said right-of-
way and easement and the right from time to time to cut, undergrowth and other
obstructions on the Easement Tract, that may injure, endanger or interfere with the use of
said pipeline. Grantee shall also have the ability to remove any trees in the Easement
Tract and surrounding areas with the written approval of Grantor. The GR ANTFF sha11
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have the right to assign this grant in whole or in part with the written consent of
GRANTOR.
7. GRANTOR hereby expressly agrees that in the event the route of the pipeline to be
constructed hereunder should cross any roads, railroads, creeks, or other waterways
located on the above-described land or other places requiring extra work space, then
GRANTEE shall have the right and temporary access to additional working space which
may be necessary for construction and GRANTEE agrees to pay GRANTOR for any and
all damages which GRANTOR suffers by reason of GRANTEE'S use of said additional
work space.
8. This easement is granted upon the conditions that GRANTEE's Facility to be constructed
shall be maintained and operated by GRANTEE at no expense to GRANTOR and
GRANTOR shall not be responsible for any costs of construction, reconstruction,
operation, maintenance or removal of GRANTEE's Facility.
9. 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. 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.
10. GRANTEE shall diligently repair any damage to improvements on the Easement Tract or
surrounding property and shall restore the surface of the Easement Tract and surrounding
property from damage resulting from GRANTEE's use of the Easement Tract.
11. GRANTEE shall, at its own cost and expense comply with all applicable laws, including
but not limited to exiting 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.
12. The GRANTEE agrees to bury all pipes at a minimum of 36 inches, however if the
pipeline is underneath a road or a water, sewer, or drainage pipe, the natural gas pipeline
shall be buried at a minimum of 60 inches.
13. It is agreed that this grant covers all the agreements between the parties and that no
representation or statements, verbal or written, have been made modifying, adding to, or
changing the terms of this Agreement.
14. The GRANTEE is the owner and operator of the natural gas pipeline that has been
installed within the easement, and as such is responsible for the proper operation and
maintenance of the pipeline. In this regard, GRANTEE covenants and agrees to, and by
these presents does hereby fully indemnify, hold harmless and defend the GRANTOR, its
officers, agents and employees, from and against any and all claims, suites or causes of
2
action of any nature whatsoever, whether real or asserted, brought for or on account of
any injuries or damages to persons or property, including death, resulting from, or in any
way connected with, the grant of the easement or operation and maintenance of the
natural gas pipeline, whether or not caused, in part, by the negligence of officers,
agents, or employees, of the GRANTOR; provided however, that the Grantee shall
have no liability or obligation to indemnify, hold harmless or defend with respect to any
injury or damage to persons or property resulting from the sole negligence of officers,
agents or employees of the GRANTOR.
TO HAVE AND TO HOLD unto GRANTEE, its successors and assigns, so long as the
right and twenty-year easement herein granted, or any one of them shall be used by, or useful to,
GRANTEE for the purpose herein granted, with ingress to and.egress from the premises for the
purpose of constructing, inspecting, repairing, maintaining, replacing and removing the property
of GRANTEE herein described; and the undersigned hereby bind themselves, their heirs,
executors and administrators (and successors and assigns) to warrant and forever defend all and
singular said premises unto the GRANTEE, its successors and assigns, against every person
whomever lawfully claiming or to claim the same or any part thereof.
TO HAVE AND TO HOLD the above described temporary construction easement,
together with, all and singular, the rights and appurtenances thereto in anyway belonging unto
Grantee, and Grantee's successors and assigns until February 1, 2007. GRANTOR hereby bind
themselves, their heirs, successors, and assigns, to warrant and defend, all and singular, said
easement unto GRANTEE, its successors and assigns, against every person whomsoever
lawfully claiming or to claim the same, or any part thereof.
Executed to be effective as of the date of the last signature of GRANTOR and
GRANTEE.
GRANTOR Approved o Form and Legality
City of Fort Worth
By:
Libby Watson, Assistant City Manager Assistant City Attorney
Acc pted on the Terms and Conditions Contained Herein:
We tfor Pipeline Company LLC
21 1 San Jacinto Street Suite 1870
D as, Te as 79701
By:
arry Dale, Pr ident
AFTER RECORDING, PLEASE SEND TO
WESTFORK PIPELINE LLC
2121 SAN JACINTO
SUITE 1870
DALLAS, TEXAS 75201
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on this day of , 2006, by
Libby Watson, Assistant City Manager of the City of Fort Worth, Texas, a municipal
corporation, on behalf of the City of Fort Worth, Texas.
Notary Public, State of Texas
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on this /0 day of
2006, by Larry Dale, President of Westfork Pipeline Company LLC on behalf of Westfork
Pipeline Company LLC.
1�lq 7AL
Notary Public State of Texas
r;�F�ye•; CLIFF HARGIS
Notary Public,State of Texas
My Commission Expires
December 13,2009
OFFICIAL BOB
4 FYI.
EXHIBIT"A"
Sheet 2 of 3
West Fork Pipeline, LLC Tract S & B 2-17
Permanent Easement Cobb Park, City of Fort Worth
Being a twenty(20)foot wide tract of land located in the S. B. Hopkins Survey,Abstract
No. 669 and the J. Huie Survey, Abstract 799, Tarrant County, Texas, and being a
portion of that certain tract of land referenced by Deed in favor of the City of Forth Worth,
recorded in Volume 763, Page 413 of the Deed Records of Tarrant County, Texas lying
south of East Berry Street, and said twenty (20) foot wide tract being more particularly
described by metes and bounds as follows:
BEGINNING at a point where the south right of way line of the said East Berry Street
and the east right of way line of Glen Garden Road intersect;
THENCE severing said tract and following the said south right of way as follows;
N77°00'13"E, a distance of 7.32; N81119'58"E, a distance of 56.11; N84°29'17"E, a
distance of 149.52; N89°13'48"E,a distance of 163.07; N84°42'51"E,a distance of 68.78
to a point;N81°58'58"E, a distance of 63.25 to a point;
THENCE leaving said south right of way, N62°47'57"E, a distance of 458.11 feet to a
point
THENCE S16009'20"E,a distance of 238.10 feet to a point;
THENCE S42046'50"E, a distance of 62.82 feet intersecting the southwest property line
of a tract of land as described in deed from Global Concepts Intemational to Cobb Park
Townhomes, Deed of Record,Tarrant County,Texas,volume 15044, page 157, in all a
distance of 102.85 feet to a point;
THENCE continuing with said southwest property line as follows, S55°34'46"E, a
distance of 40.03 feet to a point; S68018'18"E, a distance of 39.15 feet to a point and a
'/Z"I.P.found;S74°33'20"E,a distance of 28.25 feet to a point;
THENCE leaving said southwest property line, S57021'10"E, a distance of 193.35 to a
point;
THENCE joining said southwest property line once again and continuing with said
southwest property line as follows,S38129'41"E,a distance of 157.51 feet to a point and
'/x"I.P.; S43°08'56"E, a distance of 41.36 feet to a point; S51°54'24"E, a distance of
40.06 feet to a point; S60°31'26"E, a distance of 40.06 feet to a point; S69'02'57"E, a
distance of 39.21 feet to a point; S76130'33"E, a distance of 30.17 feet to a point;
S82°31'01"E, a distance of 25.35 feet to a point and 1/2'I.P.; S85010'22"E, a distance of
240.38 feet to a point and W I.P.; S84005'51"E, a distance of 51.52 feet to a point;
S81°57'51"E, a distance of 50.29 feet to a point and%"I.P.; S78119'50"E, a distance of
16.82 feet to a point;
THENCE leaving said southwest property line, S74141'17"W, a distance of 47.78 to a
point;
THENCE N81057'51"W,a distance of 22.84 feet to a point;
THENCE N84°05'51"W,a distance of 50.96 feet to a point:
THENCE N85010'22"W,a distance of 240.66 feet to a point;
THENCE N82°31'01"W,a distance of 26.86 feet to a point;
THENCE N76030'33"W,a distance of 32.52 feet to a point;
THENCE N69002'57"W,a distance of 42.00 feet to a point;
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EXHIBIT"A"
Sheet 3 of 3
West Fork Pipeline, LLC Tract S& B 2-17
Permanent Easement Cobb Park, City of Fort Worth
THENCE N60°31'26W,a distance of 43.05 feet to a point;
THENCE N51°54'24°W,a distance of 43.10 feet to a point;
THENCE N43°08'56"W,a distance of 43.71 feet to a point;
THENCE N38029'41"W,a distance of 155.00 feet to a point;
THENCE N57021'10"W,a distance of 187.01 feet to a point;
THENCE N74°33'20"W,a distance of 26.32 feet to a point;
THENCE N68°18'1 SW a distance of 42.47 feet to a point;
THENCE N55134'46"W,a distance of 44.51 feet to a point;
THENCE N42046'52"W,a distance of 109.81 feet to a point;
THENCE N16009'20"W,a distance of 234.22 feet to a point;
THENCE N62047'57"W,a distance of 446.11 feet to a point;
THENCE N81058'58"W,a distance of 59.39 feet to a point;
THENCE N84°42'51'W a distance of 67.52 feet to a point;
THENCE N89013'48'V11,a distance of 161.18 feet to a point;
THENCE S94029'1 7"W,a distance of 147.88 feet to a point;
THENCE S81019'58"W,a distance of 46.61 feet to a point in the east right of way line of
Glen Garden Drive;
THENCE with the said east right of way, N48032'03"W, a distance of 25.34 feet to the
POINT OF BEGINNING and containing 1.06 acres of land, more or less.
Also,Grantee shall have the use for initial construction, a forty(40)foot wide temporary
work space being parallel and contiguous to the south and southwest line of the above
described permanent easement, containing 2.15 acres of land, more or less as shown
on plat attached hereto as Exhibit"A",Page 1 of 3.
William J. CXsh
Registered/Professional Land Surveyor
No.3808
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Page 1 of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved As Amended on 6/20/2006
CONTINUED FROM A PREVIOUS WEEK
DATE: Tuesday, May 30, 2006
LOG NAME: 8000BB PARK REFERENCE NO.: L-14200
SUBJECT:
Authorization for Conversion of 1.06 Acres of Cobb Park for Use as a Pipeline to Transport Natural
Gas and Authorize Execution of a License Agreement with West Fork Pipeline Company
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 providing the needed conversion of Cobb Park;
3. Find that the proposed conversion includes all reasonable planning to minimize harm to Cobb Park;
4. Close the public hearing and authorize the City Manager to convert the dedicated parkland for use as
a natural gas pipeline to be placed in a 2318.60 linear feet of land situated in Cobb Park, S.B Hopkins
Survey, Abstract No. 669 and the J. Huie Survey, Abstract No. 799, recorded in Volume 763, Page 413
Deed Records, Tarrant County, Texas;
5. Authorize the execution of a License Agreement with West Fork Pipeline Company to construct park
improvements at a value equal to or greater than the assessed $ 97,381.60 License Agreement fee; and
AMENDED TO: 5. Authorize the execution of a License Agreement with West Fork Pipeline
Company to fund the development of a master plan for Cobb Park at a value equal to or greater than
the assessed $97,381.60 License Agreement fee; and
6. Authorize the acceptance of park facility improvements valued at $97,381.60 in-lieu-of the assessed
License Agreement fee.
AMENDED TO: 6. Authorize the acceptance of a master plan for Cobb Park valued at $97,381.60 in
lieu of the assessed License Agreement fee.
DISCUSSION:
The Parks and Community Services Department (PACSD) has been approached by representatives of
West Fork Pipeline Company requesting an easement through Cobb Park for the gathering of natural
gas. The proposed alignment will allow for a 20-foot wide easement for the installation of a pipeline to
transport natural gas. In addition to the permanent pipeline easement, one 20-foot wide temporary
workspace easement is requested.
Staff is recommending as a condition of granting these easements that West Fork Pipeline Company be
assessed the recommended standard fee of $42.00 per linear foot of pipeline and that those funds be used
to construct facility improvements in Cobb Park by West Fork Pipeline Company. This is consistent with
fees assessed under the City's current Right-of-Way Use Agreement for installation of non-utility equipment,
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 11/21/2006
Page 2 of 2
appliances or appurtenances in public rights-of-way.
In this instance, a fee of $97,381.60 will be assessed for 2,318.60 linear feet of permanent pipeline
easement. West Fork Pipeline Company has been made aware of this fee and is agreeable to this
assessment. The funds generated from the assessment will be used to construct improvements for the
park in compliance with the Parks and Community Services Department's Park Facility Development
Guidelines. West Fork Pipeline Company will be responsible for returning the surface condition of the
easement to as good or better condition than exists now.
Signage has been posted at the site noting the conversion and providing instructions for directing
comments to the Department. Letters announcing the proposed conversion were also sent to the
presidents of the Morningside, Carter Park, Glenwood Triangle, Historic Southside, Morningside Park,
Polytechnic Empowerment, Hillside Morningside, Mitchell Boulevard, West Meadowbrook, Glencrest Civil
League, Eastland, EI Poly, Burchill, and Near Eastside Neighborhood Associations on May 12, 2006. To
date, the PACSD has not received any negative comments related to this conversion.
On April 18, 2006, the Parks and Community Services Advisory Board endorsed staff's recommendation
that the City Council authorize the conversion of Cobb Park for use as a pipeline to transport natural gas.
In accordance with state law, the conversion was advertised in the Fort Worth Star-Telegram on May 8, 15
and 22, 2006. An exhibit map was provided for public review for 30 days at the Parks and Community
Services Department administrative offices located at 4200 South Freeway, Suite 2200.
The conversion is located in COUNCIL DISTRICT 8.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this action will have no material effect on City funds.
TO Fund/Account/Centers FROM Fun d/Account/C enters
Submitted for City Manager's Office by: Libby Watson (6199)
Originating Department Head: Randle Harwood (Acting) (5704)
Additional Information Contact: David Creek (5744)
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 11/21/2006