HomeMy WebLinkAboutContract 36560STATE OF TEXAS §
COUNTY OF TARRANT §
CITY SECRETARY
CONTRACT NO. dLu
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 Dunaway •Associates, L.P. ("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 Trinity Park 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 upon the execution of this
Agreement.
3. The Easement shall only be used for the purpose of performing geotechnical soil testing
Cl"d surveying for a proposed sewer line 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 connec ed with said
premises because of GRANTEE's use thereof. f' Out
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Ingress and Egress Easement
01-30-Og P01�47 IN
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 no
representation or statements, verbal or written, have been made modifying, adding to, or
changing the terms of this Agreement.
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: LAC-�nawc..� As��cc�kks, L• P
Dltilawa�) 6enVav-� L.L.G. IVS general p auttv'r
FO 12 rJ
VIc� pjz�slD�Ji
Title of Approved age maxyc�eA-
GRANTOR: City of Fort Worth
J n� a,r't' � Fit{• � r� � C ��
APPROVED AS TO FORM AND LEGALITY
Assistant City Attorney
Attested sy,
Marty Hen ' i_,
City SecrCtar
Ingress and Egress Easement
.1V1,LUL') G1a
ACKNOWLEDGEMENT
STATE OF TEXAS §
C��1�P► � �'L�7 � �_17L1 �� ��'i
BEFORE ME, the undersigned authority, a Nota Public in and for the State of Texas,
on this day personally appeared hU g= . �� , 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 and that he/she executed
the same as the act of said for the purposes
and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this a day of
20D.
MISTY MITCHEII
Notary Public, State of Texas
My Commission Expires
July 09, 2009
ACKNOWLEDGEMENT
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE MEthe d un , ersigned authority, on this day personally appeared L-ibtsy-1t� I
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 � day of
2009
.
�.��`S�1Y P,a'�.,, pOSELLA BARNES
c.
'*' �`= MY COMMISSION EXPIRES
�•
opf b 5W March 31, 2009
Notary Public in and for the State of Texas
Ingress and Egress Easement
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