HomeMy WebLinkAboutContract 36092 CITY SECRETARY Y�
CONTRACT NO. S�Q�a
EASEMENT AND RIGHT OF WAY
TRACT
THE STATE OF TEXAS §
COUNTY OF TARRANT §
That, The City of Fort Worth, 1000 Throckmorton Street, Fort Worth, Texas 76102
hereinafter called "Grantor," 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, a Texas Corporation, 1601 Bryan St , Dallas, Texas 75201, 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, an easement and right-of-way
("Easement") for electric power and communications lines, each consisting of variable
number of wires and cables, and all necessary or desirable appurtenances including
supporting structures, guy wires and guy anchorages over, under, across and upon all that
certain tract(s) of land located in Tarrant County, Texas, more particularly described in
Exhibit(s) -(and-), attached hereto and made part hereof.
SEE SUBJECT PROPERTY MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS ON THE ATTACHED EXHIBIT "A" AND "B",
INCORPORATED HEREIN BY REFERNCE FOR ALL PURPOSES
Together with the right of ingress and egress over and along the Easement and
over Grantor's adjacent lands to or from the Easement for the purpose of and with the right
to construct, operate, improve, reconstruct, repair, inspect, patrol, maintain and remove
such electric power and communications lines as the Grantee may from time to time find
necessary, convenient or desirable to erect thereon, the right to install gates in all existing
and future fences crossing the easement and right-of-way, provided such gates will be
installed in a manner that will not weaken such fences, the right to relocate its facilities
along the same general direction of said lines, 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 trim and cut down trees and shrubbery on the easement and right-of-way, including
by use of herbicides or other similar chemicals approved by the U.S. Environmental
Protection Agency, to the extent, in the sole judgment of the Grantee, necessary to prevent
possible interference with the operation of said lines or to remove possible hazard thereto,
and the right to remove at Grantor's expense or to prevent the construction on the
Easement of any or all buildings, structures and obstructions.
Grantor shall not make or cause any changes in grade, elevation, or contour of the
land (except those associated with normal agricultural activities) within the Easement
EASEMENT AND RIGHT OF WAY Page I
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described herein without first providing advance notice and obtaining prior written consent
to do so from Grantee. If written consent is not obtained prior to any action by Grantor that
causes any changes in grade, elevation, or contour of the land within the easement and
right-of-way, Grantor shall, upon demand from Grantee, at Grantor's expense, restore the
Easement to its previously existing condition, or reimburse Grantee fully for the cost of
adjusting its facilities as necessary to accommodate the change in grade, elevation, or
contour of the land within the easement and right-of-way in the event Grantor fails to
promptly restore the grade, elevation, or contour to its previously existing condition.
Grantor shall not perform any excavations, trenching, or other soil disturbing
activities (except those associated with normal agricultural activities) that, in the sole
judgment of Grantee, will endanger the integrity of the supporting structures and/or
foundations, as applicable, or perform any other activities that may, in the sole judgment of
Grantee, remove, reduce, or adversely affect or impact the lateral support of the supporting
structures and/or foundations, as applicable, without first providing advance notice and
obtaining prior written consent to do so from Grantee. If prior written consent is not
obtained by Grantor prior to performing any excavation, trenching or other soil disturbing
activity that endangers the integrity of the supporting structures or foundations, as
applicable, Grantor shall, upon demand from Grantee, at Grantor's expense, restore the
easement and right-of-way to its previously existing condition, or reimburse Grantee fully for
the cost of adjusting its facilities as necessary to accommodate the excavation, trenching,
or soil disturbing activity in the event Grantor fails to promptly restore the easement and
right-of-way to its previously existing condition or cannot do so.
Grantor reserves the right to use the easement and right of way area provided such
use shall not include the growing of trees thereon or any other use that might, in the sole
judgment of the Grantee, interfere with the exercise by the Grantee of the rights hereby
granted. Grantor further reserves the right to lay out, dedicate, construct, maintain and use
across said strip such roads, streets, alleys, railroad tracks, underground telephone cables
and conduits and gas, water and sewer pipe lines as will not interfere with Grantee's use of
said land for the purpose aforesaid, provided all such facilities shall be located at angles of
not less than 45 degrees to any of Grantee's lines, and shall be so constructed as to
provide with respect to Grantee's wires and other facilities the minimum clearances
provided by law and recognized as standard in the electrical industry. Grantor also
reserves the right to erect fences not more than 8 feet high across said land, provided all
such fences shall have gates, openings, or removable sections at least 12 feet wide which
will permit Grantee reasonable access to all parts of said land.
In addition to the consideration above recited for the easement and right-of-way
hereby granted, the Grantee will pay to the owner of the land, and, if leased, to his tenant,
as they may be respectively entitled for actual damages to fences and growing crops and
improvements located on the easement and right-of-way caused by reason of the
construction, maintenance or removal of said lines; provided, however, that no such
payment will be made for trimming or removal of trees hereafter permitted to grow on the
easement and right-of-way, nor for removal of buildings, structures, or obstructions erected
EASEMENT AND RIGHT OF WAY Page 2
upon the easement and right-of-way after granting of this easement and right-of-way.
TO HAVE AND TO HOLD the above described easement and right-of-way unto the
said Grantee, its successors and assigns, until all of said lines and facilities shall be
abandoned, and in that event said easement and right-of-way shall cease and all rights
herein granted shall terminate and revert to Grantor or Grantor's heirs, successors or
assigns; and Grantor does hereby bind Grantor and Grantor's heirs, successors assigns,
and legal representatives to warrant and forever defend the above described easement
and right-of-way unto the Grantee, its successors and assigns, against every person
whomsoever lawfully claiming or to claim the same or any part thereof. This
easement may be assigned in whole or in part.
EXECUTED as of this day of q,-I2007.
GRANTOR:
THE CITY,OF FORT WORTH
By:
Libby Watson
Assistant City Manager
fTv arty endrix:
--itv Secretary
APPROVED AS TO FORM AND LEGALITY
\0 41An.L
Contra t Aufhor i zatao 1--1 Assistant City Attorney
Date GRANTEE:
ONCOR ELECTRIC DELIVERY COMPANY
By: jer
Thomas F Newsom
Attorney in Fact
ACKNOWLEDGEMENT
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared G, `I I known to
me to be the same person whose name is subs ribed to the foregoing instrument, and
acknowledged to me that the same was the act of C I T ,' U 1- I';7 ji Q w t, rl tt
and that he/she executed the same as the act of said
U IE !�y( T G(/P/{�� for the purposes' and consideration
therein expressed and in the capacity therein stated. /]
GIVEN UNDER MY HAND AND SEAL OF OFFICE this l dl . day of
20
ANA L.BRISENO
. Notary PuMissiState ofres Notary Public, State of Texas
My Commission Expires
March 07,2011
ACKNOWLEDGEMENT
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned author y, a N tar P blic in and for the State of
Texas, on this day personally appeared ° known to
me to be the same person whose name is subscri d o the foregoinginstrument, and
acknowledged to me that the same was the act of -ffffA-)1tA
d th he% ecuted the same as th , act of said
Lvroc— tC for the purposes and consideration
therein expressed and in the capaci therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this } day of
No Pu lic, tate of e s
+;iot�avr�ao,' JENNIFER MEEKER
"= Notary Public,state of Texas
My Commission Expires
lB " December 05,2010
mbar
EXHIBIT A
ELECTRIC EASEMENT
A strip of land situated in the Juan Jose Albirado Survey, Abstract No. 4 and
the R.J. Ware Survey, Abstract No. 2008, being a portion of Southwest
Community Park, an addition to the City of Fort Worth, shown by plat recorded
in Cabinet B, Slide 1832, Plat Records of Tarrant County, Texas, and being
more particularly described by metes and bounds as follows:
BEGINNING at a 1 inch iron rod found at the southeast corner of said
Southwest Community Park, also being the southwest corner of the Crowley
High School Addition, shown by plat recorded in Cabinet A, Slide 7380 of said
Plat Records, said point being on the north right-of-way line of McPherson
Boulevard;
Thence North 68°00'52"West, with said right-of-way line, a distance of 347.27
feet to a 1 inch iron rod found at the beginning of a curve to the left, having a
radius of 1460.00 feet, and a chord that bears North 79°16'18"West, 570.03
feet;
Thence northwesterly, along said curve and said right-of-way line, an arc length
of 573.71 feet to a 1 inch iron rod found at the end of said curve;
Thence South 89°27'40"West,with said right-of-way line, a distance of 347.41
feet to the southwest corner of said Southwest Community Park, on an easterly
boundary line of a tract of land described as Parcel 1 in the deed to CL Texas
L.P., recorded in Volume 16835, Page 316, Deed Records of Tarrant County,
Texas;
Thence North 19°49'08"West,with said line, a distance of 15.89 feet to a point
for corner;
Thence North 89°27'40" East, a distance of 197.84 feet to a point for corner;
Thence North 00°32'20"West, a distance of 27.50 feet to a point for corner;
Thence North 89°27'40" East, a distance of 10.00 feet to a point for corner;
Thence South 00°32'20"East, a distance of 27.50 feet to a point for corner;
Thence North 89°27'40" East, a distance of 144.82 feet to a point at the
beginning of a curve to the right, having a radius of 1475.00 feet, and a chord
that bears South 79°16'18" East, 575.89 feet;
Thence southeasterly, along said curve, an arc length of 579.61 feet to a point
at the end of said curve;
Thence South 68°00'52" East, a distance of 340.95 feet to a point on the
common line between said Southwest Community Park and said Crowley High
School Addition;
Thence South 00°51'35" East, with said line, a distance of 16.28 feet to the
POINT OF BEGINNING and containing 0.444 acre of land, more or less.
See Exhibit B for map.
DATE: October 4, 2007
awrence E.Allee,TZPLS
Texas Registration No. 4570 , o,
It �s5vn dar,;
EXHIBIT B
1
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ate' N003220'W SOUTHWEST COMMUNITY PARK R=1475.00'
a 27,,50' N89 27 4p'E CABINET 8, SLIDE 1832 �' 2
L=579.61' m�
10.00 S00322 E P.R.T.C.7� dQt
N8927'4Q""E Q CL=575.89' I c a
197.84 27.50 p
U " PRIVATE INGR jS EGRESS EASEMENT CB=S7976'18T
Iy8927p49 E VOLUME 8428,PAGE 7467 O U
_ e 144.82
N1949108 S8----0 W 3--- 7 1RF ROWDfO/CRIED
-a.5.89------ - ---- -- -- eA�roEgr�-sdDe-�e.�l_
-McPHERSONimm.-
—————— ((PLAT PENDING - RF `S�Bpp.
WATER LINE EASEMENT
CnY OF FORT WORTH \ \� .0 p
VOL.9914,PG. 1559 RI=1460.00 B.
D.R.T.C.T_ \`��� �-1"IRF
L=573.71' \
CLL570.03' ELECTRIC
CBTN7976'18"W EASEMENT
0.444 ACRE
1
1x
Jw
�R1�O BLOCK 54
PARCEL 1 1 z S�4 2
CL TEXAS L. P. 3
�. VOL. 16835, PC 316 I y.
�Q. D.R.I.C.T. A 4
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NOTES:
I 4
1. Bearings are based on the Texas State Plane 1 5
Coordinate System, North Central Zone (NAD83).
2. Integral parts of this survey. 6
a. Map BLOCK 53
b. Field notes
\Q4
�ry
BLOCK 4 JERRY SAVELLE MINISTRIES, INC.
VOL. 11062, PG. 1656
24 25 D.R.T.C,T.
21 22 23
PANTHER HEIGHTS MAP SHOWING PROPOSED
CAB.PR C T s 5064 ELECTRIC EASEMENT
Located in the Juan Jose Albirado Survey, Abstract No. 4
And the R. J. Ware Survey, Abstract No. 2008
Fort Worth, Tarrant County, Texas
0 200 400 600 Feet
L•\LDT\CSD07258\CAD\SURVEY\ELEC—ESMT2—REV.DWG
WRENCE E. ALLLEE, R.P.L.S. G 9s TEAGUE NALL AND PERKINS
c G N 8 a L 7 1 N G R N G 1 N E R R 8
TEXAS REGISTRATION No. 4570 """"•""""WRENCE E."""'•..
LA ALLEE 1 1 0 0 Macon Street
..y.....................ti...
t•o 4570 Fort Worth, Texas 76102
October 3, 2007 10 (8 1 7) 3 3 6 — 5 7 7 3
�•'••. Es S;0''�O�
Date: ���•SURN��
City of Fort Worth., Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 8/14/2007
DATE: Tuesday, August 14, 2007
LOG NAME: 80SWCPONCOR REFERENCE NO.: L-14373
SUBJECT:
Authorize Conversion of Approximately .44 Acres of Parkland at Southwest Community Park for a
Construction Easement for the Installation of Electrical Lines
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 exist for locating the proposed electrical line in Southwest
Community Park;
3. Find that the proposed electrical easement includes all reasonable planning to minimize harm to the
parkland; and
4. Close the public hearing and authorize the City Manger to convert approximately .44 acres of dedicated
parkland for use as a construction easement to place electrical lines in the southern boundary of Southwest
Community Park, being a portion of land situated in the R. J. Ware Survey Abstract No. 2008 and Juan
Jose Albirado Survey, Abstract No. 4, as recorded in Clerk's Instrument No. D198117740, Deed Records,
Tarrant County, Texas.
DISCUSSION:
The Parks and Community Services Department has been approached by Oncor Electric Delivery
requesting a conversion of approximately .44 acres of parkland for a construction easement for electrical
lines within Southwest Community Park. A 15-foot wide electrical easement is needed for installation of the
lines along the southwest portion of the park. The electrical lines will service Crowley Middle School No. 3,
which is currently under construction, West Summer Creek Ranch Subdivision, and any future development
proposed within the area.
In accordance with Texas Parks and Wildlife Code, Chapter 26, the City of Fort Worth seeks to convert
approximately .44 acres of parkland for the purpose of installing electrical lines. Attached for the Council's
reference is an exhibit of the proposed site for the electrical lines.
On July 25, 2007, the Parks and Community Services Advisory Board endorsed staff's recommendation
that the City Council authorize the conversion of approximately .44 acres of parkland at Southwest
Community Park for use as a construction easement for installation of electrical lines. Their approval was
contingent upon the service being located underground in conjunction with the construction of a potential
joint use facility.
Signage was posted at the site on July 7, 2007, announcing the proposed conversion and providing
Logname: 80SWCPONCOR Page 1 of 2
instructions for directing comments to the Department. Letters announcing the proposed conversion were
sent to the president of Summer Creek Neighborhood Association and Panther Heights Neighborhood
Association on July 7, 2007. To date, the department has not received any comments related to this
conversion.
In accordance with state law the conversion was advertised in the Fort Worth Star-Telegram on July 24,
July 30, and August 7, 2007. 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 6.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this action will have not material effect on City funds.
TO Fund/Account/Centers FROM Fund/Account/Centers
Submitted for City Manager's Office b- Libby Watson (6183)
Originating Department Head: Richard Zavala (5704)
Additional Information Contact: Harold Pitchford (5728)
Logname: 80SWCPONCOR Page 2 of 2