HomeMy WebLinkAboutContract 35583STATE OF TEXAS §
COUNTY OF TARRANT §
C(TY SECRETARY:2552
CONTRACT NO Off.
KNOW ALL MEN BY THESE PRESENTS
This Temporary Ingress and Egress/Construction Easement Agreement (this "Agreement") is
entered into between the City of Fort Worth, Texas, a municipal corporation of Tarrant County
Texas ("GRANTOR") and Texas Midstream Gas Services. ("GRANTEE").
For and in consideration of $10.00, and other good and valuable consideration, the 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 the
GRANTEE a Temporary Ingress and Egress/Construction Easement (the "Easement")
onto Property described in the attached Exhibit "A", hereinafter referred to as the
"Property". This grant and conveyance is made subject to all matters of record affecting
the Property.
2. The term of this Easement shall be for thirty (30) days beginning onS� ��I .3C7 , 2007.
3. The Easement shall only be used for the purpose of performing geotechnical soil testing
for a proposed natural gas pipeline to be located through a portion of Trinity Park as well
as through a levee and as required by the Tarrant Regional Water District and Army Corp
of Engineers.
4. GRANTEE shall have free and uninhibited access across, through and over the Property
for the purpose as described in Section 3 above. GRANTOR acknowledges and agrees
that GRANTEE's access shall be with vehicles, equipment and employees or contractors.
The Easement shall include the right of Grantee and its employees, agents,
representatives or contractors to access the aforementioned Property for the purposes
stated herein.
5. GRANTEE shall restore the surface of the Property and surrounding property to the
condition it was in immediately prior to accessing the Property under this Easement.
6. The Easement is not assignable by the GRANTEE without the prior written consent of
GRANTOR, which shall not be unreasonably withheld.
7. 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 entities for the correction, prevention
and abatement of nuisances in or upon or connected with said premises because of
GRANTEE's use thereof.
Ingress and Egress Gasemeni
WORTH, TEO
8. GRANTOR shall not be liable to GRANTEE for any damage or theft of GRANTEE'S
equipment, facilities or other contents, 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 thereto.
9. It is agreed that this grant covers all the agreements between the parties and that
representation or statements, verbal or written, have been made modifying, adding to,
changing the terms of this Agreement.
no
or
TO HAVE AND TO HOLD the above -described temporary easement, together with all and
singular the rights and appurtenances thereto in anyway belonging unto GRANTEE, and
GRANTEE's successors and assigns for so long as the right and easement herein granted; and
GRANTOR does hereby bind itself and its successor and assigns to warrant and forever defend
all and singular the Easement unto GRANTEE, its successor and assigns, against every person
whomsoever lawfully claiming or to claim the same, or any part thereof.
When the context requires, singular nouns and pronouns include the plural.
GRANTEE: Texas Midstream Gas Services, LLC GRANTOR: City of Fort Worth
BY� Libby Watson, As istant City Manager
mes C. J ns n �jJM
Title: resident
Ingress and Egress Ease menl
APPROVED AS TO FORM AND LEGALITY
W V
Assistant City Attorney
Attested Bye
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tvtarty I-Ieri ris-
City Sccretavr�t
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ACKNOWLEDGEMENT
STATE OF OKLAHOMA §
COUNTY OF (�403d\a0 §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Oklahoma,
on this day personally appeared James C. Johnson, known to me to be the same person whose
name is subscribed to the foregoing instrument, and acknowledged to me that the same was the
act of Texas Midstream Gas Services, LLC and that he executed the same as the act of said
limited liability company for the purposes and consideration therein expressed and in the capacity
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this o day of
�UI , 20D2.
STATE OF TEXAS
-` # 07001656 -E
EXP. 02l20/11
'�•.,. of �K� P•�,
0
ACKNOWLEDGEMENT
COUNTY OF TARRANT §
DRi.r- Ss rR
BEFORE ME, the undersigned authority, on this day personally appeared ,
known to me to be the person and officer whose name is subscribed to the foregoing instrument,
and acknowledged to me that he executed the same as the act and deed of the City of Fort
Worth, a municipal corporation of Tarrant County, Texas, for the purpose and consideration
therein expressed and in the capacity therein stated.
_ GIVEN UNDER MY HAND AND SEAL OF OFFICE this �Ql..l�(• day of
q q . ERISENO
Notary Pu61ic, Stale of Texas
illy Commissar Expires
March 07, 2011
Ingress and Egress Easement
N ary Public in and for the State of Texa:
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