HomeMy WebLinkAboutContract 52363 r PT#: 2019 - 0783
District: ABC/Fort Worth
3p 2p�9 WR#: 3435068
0 RAK E R#:
EASEMENT AND RIGHT OF WAY
CITY SECRETARY
CONTRACT NO. 5 3
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TARRANT §
That CITY OF FORT WORTH, hereinafter called "Grantor,"whether one or more, for
and in consideration of Ten and No/100 Dollars ($10.00) and other valuable consideration to
Grantor in hand paid by ONCOR ELECTRIC DELIVERY COMPANY LLC, a Delaware limited
liability company, 1616 Woodall Rodgers Freeway, Dallas, Texas 75202-1234, hereinafter
referred to as"Grantee", has granted, sold and conveyed and by these presents does grant,
sell and convey unto said Grantee, their successors and assigns, an exclusive easement and
right-of-way hereinafter referred to as the Easement for overhead and/or underground electric
supply, consisting of a variable number of wires and cables, supporting structures, surface
mounted equipment, conduits hereinafter referred to as Facilities, and all necessary or
desirable appurtenances over, under, through, across, and upon Grantor's land described as
follows:
SEE EXHIBIT "A & B" ATTACHED (which is made part hereof)
Together with the right of ingress and egress over and upon said Easement and over
and across Grantor's adjoining properties in a location or locations as reasonably designated
by Grantor for the purpose of and with the right to construct, maintain, operate, repair,
remove, replace, reconstruct, abandon in place, and to change the size and capacity of said
Facilities (provided, however, Grantee shall notify Grantor in advance of the activities
intended to be performed on the property and Grantor shall provide Grantee access to the
property through Grantor's secured gates, which access shall not be unreasonably denied;
provided, furthermore, Grantee shall not be required to provide advance notice in the case of
emergency); the right to relocate said Facilities in the same relative direction of said Facilities
within the Easement; the right to relocate said Facilities in the same relative position to any
adjacent road if and as such road is widened in the future; the right to prevent excavation
within the Easement; the right to prevent construction of, within the Easement, any and all
buildings, structures or other obstructions which, in the sole judgment of Grantee, may
endanger or interfere with the efficiency, safety, and/or convenient operation of said Facilities
and their appurtenances, and the right to trim or remove trees or shrubbery within or
extending into said Easement, provided that Grantee shall only trim or remove that portion of
said trees or shrubbery that is located within the Easement, to the extent in the sole judgment
of Grantee, as may be necessary to prevent possible interference with the operation of said
Facilities or to remove possible hazard thereto. Neither party shall make changes in grade,
elevation or contour of the land or impound water within the Easement without prior written
consent of the other party.
t1HIC�IM., RECORD
ITT 50 R T'ARY
K WOMTH.,TX
Grantee shall properly maintain such Easement during construction and at the
conclusion of such construction remove all construction debris and other materials from such
Easement and restore such Easement to the same condition it was prior to the
commencement of Grantee's construction thereon.
Grantor shall not be liable to Grantee for any damage to said Easement or Grantee's
Facility or other contents thereof, except when caused by the willful misconduct of Grantor, its
agents, servants or employees. Grantor and Grantee each agree that if any claim or liability
shall arise from the joint or concurring negligence of both parties hereto, it shall be borne by
them in proportion to their negligence. It is understood that it is not the intention of the parties
hereto to create liability for the benefit of third parties but that this agreement shall be solely
for the benefit of the parties hereto.
Grantee shall, at its own cost and expense comply with all applicable laws, including
but not limited to existing zoning ordinances, governmental rules and regulations enacted or
promulgated by any governmental authority and shall promptly execute and fulfill all orders
and requirements imposed by such governmental authorities for the correction, prevention
and abatement of nuisances in or upon or connected with said Easement because of
Grantee's use thereof.
Grantor reserves the right to use the land within the above described Easement for
purposes not inconsistent with Grantee's use of such Easement, provided such use shall not,
in the sole judgment of the Grantee, interfere with the exercise by the Grantee of the rights
hereby granted.
TO HAVE AND TO HOLD the above described Easement unto the said Grantee, its
successors and assigns, until all of said electric lines shall be abandoned, and in that event
said Easement shall cease and all rights herein granted shall terminate and revert to Grantor
or Grantor's heirs, successors or assigns; and Grantor hereby binds himself, his heirs,
successors, assigns, and legal representatives, to warrant and forever defend the above
described Easement unto Grantee, its successors and assigns, against every person
whomsoever lawfully claiming or to claim the same or any part thereof when the claim is by,
through or under Grantor, but not otherwise.
EXECUTED this .2J#14 day of !`'lay , A. D. 2019.
.��1' NTOR: CITY OF FORT WORTH
Aitte C
M J. K ity aZ� :' Assistant City Manager
�4`PPROVED rO FORM AND LEGALITY
� By:
1295: Assistant ity Attorney
JeWcaSengsvang,Assistant CityAtFT.
C9A6.RECOR®Y SECRETARYWORTH,TX
GRANTEE:
Accepted by:
ONCOR ELECTRIC DELIVERY COMPANY LLC
By:
Andrew . Deen, Attorney-In-Fact
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE N4E, the undersigned authority, on this day personally appeared
P�pt�1 S44- , as the Assistant City Manager of CITY OF
FORT WORTH, known to me to be the person whose name is subscribed to the foregoing
instrument and acknowledged to me that he/she executed the same for the purposes and
consideration therein expressed, in the capacity therein stated and he/she is authorized to do
SO. ��rr
GIVEN UNDER MY HAND AND SEAL OF OFFICE this_ 4�Z - _ day of
A. D. 2019.
—I BLIU-4—Lil A ZLO
MARIA S.SANCHEZ
:. �* My Notary ID#2256490
"�► y;ti+ ' Expires December 19,2021 NotaN Public in and for the State f Texas
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day personally appeared Andrew J.
Deen, as the Attorney-in-Fact of ONCOR ELECTRIC DELIVERY COMPANY LLC, known to
me to be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that he executed the same for the purposes and consideration therein
expressed, in the capacity therein stated and he is authorized to do so.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this �— day of
r , A. D. 2019.
MARSHA HORAK
Notary ID#129273267 Notary Public in and for the State of Texas
My Commission Expires
Jan 23,2021
OFFICIA'y RECORD
CITY SICIRITARY
RT"r TX
METES AND BOUNDS DESCRIPTION
BEING a 0.124 acre tract of land situated in the Felix G. Beasley Survey, Abstract Number 135, Tarrant
County, Texas in the City of Fort Worth, being a portion of Lot 1, Block 1, Como Community Center
Addition, an addition to the City of Fort Worth according to the plat recorded in Document Number
D218239534, Plat Records of Tarrant County, Texas, said 0.124 acre tract of land being more particularly
described as follows;
COMMENCING at a 5/8 inch iron rod with yellow cap stamped `Dunaway Assoc LP" found for the most
westerly northwest corner of said Lot 1, Block 1;
THENCE North 89 degrees 14 minutes 23 seconds East, along a northerly line of said Lot 1, Block 1, a
distance of 4.00 feet to the POINT OF BEGINNING;
THENCE North 89 degrees 14 minutes 23 seconds East, continuing along a northerly line of said Lot 1,
Block 1, a distance of 10.00 feet a point for comer;
THENCE South 01 degree 11 minutes 33 seconds East, departing the northerly line of sold Lot 1, Block 1, a
distance of 167.94 feet to a point for corner,
THENCE South 22 degrees 54 minutes 26 seconds East, a distance of 75.21 feet to a point for comer,
THENCE South 00 degrees 00 minutes 20 seconds West, a distance of 196.79 feet to a point for comer;
THENCE South 84 degrees 56 minutes 23 seconds East, a distance of 50.70 feet to a point for comer;
THENCE North, a distance of 5.00 feet to a point for corner,
THENCE East, a distance of 20.00 feet to a point for comer;
THENCE South, a distance of 20.00 feet to a point for corner;
THENCE West, a distance of 20.00 feet to a point for comer;
THENCE North, a distance of 5.00 feet to a point for comer,
THENCE North 84 degrees 58 minutes 58 seconds West, a distance of 60.73 feet to a point for comer;
a THENCE North 00 degrees 00 minutes 21 seconds East, a distance of 203.93 feet to a point for comer,
THENCE North 22 degrees 54 minutes 26 seconds West, a distance of 75.10 feet to a point for comer;
.� THENCE North 01 degree 11 minutes 33 seconds West, a distance of 169.94 feet to the POINT OF
BEGINNING;
o CONTAINING a computed area of 0.124 acres (5,401 square feet) of land.
s
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a
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EXHIBI
CA'
0002926,005 PAGE 1 OF 3
A drawing of even date accompanies
this metes and bounds description. OF �c► ONCOR ELECTRIC DELIVERY
�!A•• T�•rp•� COMPANY, LLC EASEMENT
FEBRUARY 12,2019 �: %
•..Z...•..*..e...i..0 0.124 ACRES
o •••fMARK D966bee ... 5,401SQUARE FEET
D U N AWA�/ :. YALE
�g :Q�
$ ••. ::� .CL CITY OF FORT WORTH
550 Battey Avenue•sulfa 400-Fort Worth,Texas 76107 S`V TARRANT COUNTY,TEXAS
m Tel:817.335,1121 `'' q t
G C FIRM REGISTRATION 10098100
O
s
Z 4
< W 5� LOT 1, BLOCK 1
COMO COMMUNITY
H W CENTER ADDITION
DOCUMENT NUMBER
Q In D218239534
LOT 4—R OUT LOT L = v P.R.T.C.T.
VOLUME 5649, PAGE 962
D.R.T.C.T.
N8914'230 APPROXIMATE LOCATION
_ —_ N89'14'23`E 4.00' 10.00' �OF SURVEY LINE —
POINT OF COMMENCING
— -- -- --- 43.21' —
7
10' UTILITY AND INGRESS
7.5' UTILITY EASEMENT POINT OF AND EGRES EASEMENT
VOLUME 10345SPAGE 1263
CABINET A, SLIDE 3467 BEGINNING D.R.T.C.T.
P.R.T.C.T. I
w
N01I1'33`W '*'
I 169.94' a,
I �
LOT 56R, BLOCK 10 �
WEST VICKERY
HEIGHTS ADDITION ONCOR ELECTRIC DELIVERY
CABINET A. SLIDE 3467 I COMPANY, LLC EASEMENT
P.R.T,C.T. 0.124 ACRES
8 N (5,401 SQUARE FEET)
� �01g5
V
I LOT 1. BLOCK 1
N22'54'26`W COMO COMMUNITY
75.10' � CENTER ADDITION
_ DOCUMENT NUMBER
0 80' I D218239534
...._�_ .� P.R.T.C.T.
8 SCALE FEET I
is
60,
•= FOUND 5/8" IRON ROD
WITH YELLOW CAP STAMPED MATCHLINE
a "DUNAWAY ASSOC LP"
R UNLESS OTHERMSE NOTED.
EXHIBIT 'B'
B002926.005 PAGE 2 OF 3
N
A metes and bounds description of even
date accompanies this drawing. ONCOR ELECTRIC DELIVERY
'( O COMPANY, LLC EASEMENT
eON.a�
FEBRUARY 12,2019 y :'GG%,8�T,Fp;•%.N
_ ...:......:4......t... 0.124 ACRES
0 '~ MARK D.YALE 5,401 SQUARE FEET
E ~ DUNAWA�/ ,5975� .���� CITY OF FORT WORTH
ss
$ 9 .`1css
m o Bailey Avenue T�u8 400-Fort 5.1 Worth.Texas 76107 4 'O-Su -
' y TARRANT COUNTY,TEXAS
FIRM REGISTRATION 10098100 :, t� to
O
a
ONCOR ELECTRIC DELIVERY
COMPANY, LLC EASEMENT
0.124 ACRES
(5,401 SQUARE FEET)
� � N22'54'26"W LOT 1, BLOCK 1
75.10' COMO COMMUNITY
CENTER ADDITION
LOT 56R. BLOCK 10 i DOCUMENT NUMBER
WEST VICKERY D218239534
HEIGHTS ADDITION P.R.T.C.T.
CABINET A, SLIDE 3467 i
P.R.T.C.T.
MATCHLINE — — — — —
� i
i W 3
5' UTILITY EASEMENT M QQ
VOLUME 388-179, PAGE 58 c P
P.R.I.C.T. i g a g
NORTH
5.00'
iEAST
S84'56'23eE 20.00'
i 50.70'
i SOUTH
H8 Z8158-W 20.00'
s I 30.73'
NORTH WEST
' i 5.00' 20.00'
SCALE FEET i
•= FOUND 5/8" IRON ROD
WITH YELLOW CAP STAMPED i
"DUNAWAY ASSOC LP"
UNLESS OTHERWISE NOTED.
EXHIBIT 'B'
8002926.005 PAGE 3 OF 3
A metes and bounds description of even
date accompanies this drawing. OF p ONCOR ELECTRIC DELIVERY
�Q;•°°060
asT°rp°°e COMPANY, LLC EASEMENT
FEBRUARY 12,2019 y� *V
eeeZeeeeeseeaeeass:ee• 0.124 ACRES
Z
MARK D'YAL@
*s•°eseeaeeeoQ000
5,401 SQUARE FEET
`::� Y
DUNAWA ° e
:•.qq��5975
E 4�Jr'see
0."'°° CITY OF FORT WORTH
550 Salley Avenue •Sulte 400•Fort Worth,Texas 76107
Tel:817.335.1121 s`U � TARRANT COUNTY,TEXAS
8 FIRM REGISTRATION 10098100
G
O
L-
�� 2019
MaY 3 City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 6/7/2019
DATE: Tuesday, May 7, 2019 REFERENCE NO.: L-16216
LOG NAME: 80CHAMBERLIN PARK ONCOR EASEMENT
SUBJECT:
Conduct Public Hearing and Authorize Use of a Portion of Chamberlin Park for an Electrical Service Line
and Authorize the Conveyance of an Easement to Oncor Electric Delivery Company LLC (COUNCIL
DISTRICT 3)
RECOMMENDATION:
It is recommended that the City Council:
1. Conduct a public hearing under the guidelines set forth by the Texas Parks and Wildlife Code, Chapter
26, Protection of Public Parks and Recreational Lands;
2. Find that no feasible or prudent alternative exists for the use of Chamberlin Park for the proposed
location of the electrical easement;
3. Find that the proposed electrical easement includes all reasonable planning to minimize harm to the
parkland, including that all infrastructure and equipment will be constructed in Chamberlin Park as
specified on the attached exhibits and as noted in the discussion below;
4. Close the public hearing and authorize use of approximately 0.124 acres of dedicated parkland at
Chamberlin Park for the proposed electrical easement; and
5. Authorize the execution and recording of all necessary documents to complete the conveyance of an
easement to Oncor Electric Delivery Company LLC.
. Chamberlin Park - Located at 4689 Halloran Street, south of Farnsworth Ave, west of Horne
Street, north of Manhattan Drive, east of Hallogran Street; in COUNCIL DISTRICT 3
DISCUSSION:
The purpose of this Mayor and Council Communication (M&C) is to authorize the granting of an electrical
easement to Oncor Electric Delivery Company LLC, at Chamberlin Park (Park) for the purpose of installing
an electrical service line.
The City of Fort Worth is requesting the use of the Park for the installation of an Oncor electrical service
line. The improvements are necessary for the construction and future operation of the new Como
Community Center.
The project involves the installation of an Oncor electrical line and transformer for the new community
center. The electrical line will be bored underground to limit overhead impacts to the Park. The Oncor
improvements will encompass approximately 5,400 square feet of easement area within the Park.
Logname: 80CHAMBERLIN PARK ONCOR EASEMENT Page I of 2
Equipment Width Length Total
(feet) (linear feet) (square feet)
Electrical line �(� 10 F 500 M1 - —5000
ransformer pad 20 m 20 400
otal _ 30 520 __ —. _ 5400
In accordance with the Texas Parks and Wildlife Code, Chapter 26, the City of Fort Worth seeks to
convert approximately 0.124 acres of parkland for the purpose of a electrical easement on park property.
On March 27, 2019 the Park & Recreation Advisory Board endor_,ed staffs recommendation to the City
Council to authorize the use of a portion of parkland for an Oncor a ectrical easement.
In accordance with State law, public notice of the hearing was advertised in the Fort Worth Star-Telegram
on April 11, 2019, April 18, 2019 and April 25, 2019. An exhibit map was available for public review at the
Park & Recreation Department administrative offices located at 4200 South Freeway, Suite 2200, Fort
Worth, Texas 76115.
A letter announcing the proposed use was sent to the president of the Como Neighborhood Association
on April 8, 2019. Signage was posted at the site noting the proposed use and providing instructions for
directing comments to the Park & Recreation Department. Staff will note any public comment received
during the public hearing Report of City Staff.
Chamberlin Park is located in COUNCIL DISTRICT 3.
This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION /CERTIFICATION:
The Director of Finance certifies that this action will have no material effect on City Funds.
FUND IDENTIFIERS (FIDs):
TO _
Fund Department ccoun Project Program ctivity Budget Reference # �Amoun
ID ID Year (Chartfield 2)
FROM
Fund Department 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. A Chamberlin park.pdf (Public)
2. Chamberlin park O Location.pdf (Public)
Logname: 80CHAMBERLIN PARK ONCOR EASEMENT Page 2 of 2