HomeMy WebLinkAboutContract 53020 eJ
/3 PT#: 2019-1050
District: Fort Worth
WR#: 3445267
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EASEMENT AND RIGHT OF WAY
CONTRACT NO.CITYSECRETARY . Ca 0
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" 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.
LFT.jwO�RTHf,
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 31.t day of G-toLce , A. D. 2019.
GRANTOR: CITY OF FORT WORTH
41tte by.
13y: ��--
Assistant City Manager
m4 P K r, 66y Secretary
M&C 1°I~�03� LIr3ll� APPROVED AS TO FORM AND LEGALITY
Q� FQjyT
6
Assistant City Attorney
0FRCdAik it E ' .i:
Z CITY SECRETARYb
FT WORTH, TX
GRANTEE:
Accepted by:
ONCOR ELECTRIC DELIVERY COMPANY LLC
By: NA-A
Matt ew Lynn Myrick, Attorney-In-Fact
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day personally appeared
R►�'YWId I2 (a _ , 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.
GIVEN LUNDER MY HAND AND SEAL OF OFFICE this day of
A. D. 2019.
LAUREN ROSALES
Notaryy iD � 124818929 Notary Public in and for the State of Texas
ID 12481
My commission Expires
°•,f�,E•• May 10, 2020
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day personally appeared Matthew
Lynn Myrick, 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
A. D. 2019.
EEE]
RAK he State of Texas
732671on piresJVFiLLAL RECORC'
1
CITY SECRETARY
FT, WORTH,TX
-
Contract Compliance Manager:
By signing I acknowledge that I am the person responsible
for the monitoring and administration of this contract,including
ensuring all performance and reporting requirements.
Cornell Gordon
Name of Employee/Signature
Park Planner
Title
This form is N/A as No City Fund -associated with this Contract
Printed Name Signature
OFFICIAL RECOkO
CITY SECRETARY
FT. WORTH TX
"EXHIBIT A"
Lying and situated in the City of Fort Worth, Tarrant County, Texas, the Juan Jose Albirado
Survey, Abstract No. 4, and being a part of that certain tract of land called 6.631 acres in a
Special Warranty Deed to the City of Fort Worth, a Municipal Corporation, recorded in Tarrant
County Clerk Document No. D215249319, and being more particularly described as follows:
BEGINNING at a 5/8" iron rod with a yellow"Dunaway" cap found in the east right of way line of
Summer Creek Drive for the northwest corner of the above mentioned tract;
THENCE N 890 26' 56" E, departing said right of way line and along the north line of said tract a
distance of 9.71 feet to the beginning of a non-tangent curve to the right having a radius of 900.24
feet, a central angle of 210 01' 23", and a chord that bears S 31° 55' 45"W, a distance of 329.05
feet;
THENCE in a southerly direction, departing said north and along said curve, an arc distance of
331.32 feet;
THENCE S 420 27' 13"W, a distance of 83.93 feet to the beginning of a curve to the left having a
radius of 929.76 feet, a central angle of 240 16' 28", and a chord that bears S 300 18' 58" W, a
distance of 390.97 feet;
THENCE in a southerly direction, along said curve, an arc distance of 393.91 feet to a 5/8" iron
rod with a yellow"Dunaway"cap found at the southeast corner of a corner clip in the south line of
said tract;
THENCE N 270 30' 29"W, along said corner clip, a distance of 12.52 feet to a 5/8"iron rod with a
yellow "Dunaway" cap found in the east right of way line of Summer Creek Drive and the
beginning of a non-tangent curve to the right having a radius of 938.76 feet, a central angle of 23'
44' 26", and a chord that bears N 300 34' 59" E, a distance of 386.20 feet;
THENCE in a northerly direction, along said right of way line, an arc distance of 388.98 feet to a
5/8" iron rod with a yellow "Dunaway" cap found;
THENCE N 420 27' 13" E, along said right of way line, a distance of 83.93 feet to a 5/8" iron rod
with a yellow"Dunaway"cap found at the beginning of a curve to the left having a radius of 891.24
feet, a central angle of 200 47' 22", and a chord that bears N 32' 02' 45" E, a distance of 321.61
feet;
THENCE in a northerly direction, along said right of way line, an arc distance of 323.38 feet to the
POINT OF BEGINNING and containing 7,219.96 square feet of land more or less.
T
Pagel of 2
WR#3445267 CITY OF FORT WORTH,SUMMER CREEK DRIVE,FORT WOR TEXAS,TARRANT COUNTY.G.S.3/15/2019,
BEARING BASIS: 5/8" IRON ROD
THE SOUTHEAST RIGHT OF WAY LINE OF SUMMER CREEK DRIVE PER YELLOW "DUNAWAY'
DEED RECORDED IN T.C.C. DOC. NO. D215249319. CAP FOUND (CM)
POINT OF
BEGINNING
R = 891.24'
A = 20'47'22"
L - 323.38'
CH = 321.61'
CB = N 32.02'45" E SCALE: 1" = 100'
R 21 0
A - 21'01'23"
L = 331.32'
CH - 329.05'
CB = S 31'55'45" W
5/8" IRON ROD
Q YELLOW DUNAWAY"
L CAP FOUND (CM) JUAN JOSE ALB RADO SURVEY
ABSTRACT NO.
�J
6.631 ACRES
THE CITY OF FORT WORTH
R = 938.76' T.C.0 DOC NO. D21 5249 31 9
=L
L = 388.988.98'
CH - 386.20' R = 929.76'
CB - N 30'34 59" E A = 24'16'28"
L - 393.91'
CH = 390.97'
CB = S 30'18'58" W
TANGENT BEARING LENGTH
Ti N 89'26'56" E 9.71'
T2 S 42*27'13" W 83.93'
T3 N 27'30'29" W 12.52'
T4 N 42'27'13" E 83.93'
CM = CONTROLLING MONUMENT
5/8- IRON ROD
YELLOW "DUNAWAY
CAP FOUND (CM)
EXHIBIT "A"
of ONCOR ELECTRIC DELIVERY CO.
P •G;SrFq•.+ EASEMENT
...........................D CORNERSTONE SURVEYING, INC
DANIEL M. WARD
• . .. 200 WEST MARSHALL
tig9 5890
�9 '�FESS ,..•''O P.O BOX 699,PALMER,TEXAS 75152
S 19 TEL.(972)845-2505-FAX.(972)845-2455
O ' ,50, 110 FIRM NO.100215-00
J / PAGE 2 OF 2
"EXHIBIT A"
Lying and situated in the City of Fort Worth, Tarrant County, Texas, the Juan Jose Albirado
Survey, Abstract No. 4, and being a part of that certain tract of land called 0.8848 acres in a
Special Warranty Deed to the City of Fort Worth, a Municipal Corporation, recorded in Tarrant
County Clerk Document No. (T.C.C. Doc. No.) D216002781, and being more particularly
described as follows:
COMMENCING at a 1/2" iron rod found in the east right of way line of Summer Creek Drive for the
northwest corner of the above mentioned tract and being a distance of 125.63 feet, S 89° 29' 37"
W along the north line of said tract from a 1/2" iron rod with a yellow "Miller 5665" cap found;
Thence in a southerly direction, along said right of way line with a curve to the right having a
radius of 891.24 feet, a central angle of 01° 17' 44", and a chord that bears S 060 34' 41" W, a
distance of 20.15 feet, an arc distance of 20.15 feet, and the POINT OF BEGINNING;
THENCE N 890 29' 37" E, departing said right of way line and along the south line of an Oncor
Electric Delivery Company LLC easement recorded in T.C.C. Doc. No. D215240419, a distance of
9.08 feet;
THENCE in a southerly direction, departing said easement line, with a non-tangent curve to the
right having a radius of 900.24 feet, a central angle of 140 21' 36", and a chord that bears S 14'
20' 07"W, a distance of 225.30 feet, an arc distance of 225.89 feet to the south line of said tract;
THENCE S 890 28' 49" W, along said south line, a distance of 3.33 feet;
THENCE N 000 29' 54"W, a distance of 16.04 feet to the east right of way line of Summer Creek
Drive and beginning of a non-tangent curve to the left having a radius of 891.24 feet, a central
angle of 130 25' 24", and a chord that bears N 130 56' 11" E, a distance of 208.32 feet;
THENCE in a northerly direction, along said right of way line, an arc distance of 208.80 feet to the
POINT OF BEGINNING and containing 1,983.10 square feet of land more or less.
r1T
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MR
Page 1 of 2
WR#3445267 CITY OF FORT WORTH,SUMMER CREEK DRIVE,FORT WORTH,TEXAS,TARRANT COUNTY.G.S.3/15/2019.
BEARING BASIS:
THE NORTH LINE OF THE 0.8848
ACRE TRACT PER DEED RECORDED 1/2" IRON ROD
IN T.C.C.DOC. NO. D216002781. 1/2" IRON ROD YELLOW *MILLER 5665"
FOUND (CM) CAP FOUND (CM)
R = 891.24' POINT OF S 89-29'37" W 125.63'
A = 01-17'44" COMMENCING
L = 20.15'
CH = 20.15' Ti
CB = S 06'34'41" W ONCOR ELECTRIC DELIVERY CO.
EASEMENT
POINT OF T.C.C. DOC. NO. 215240419 SCALE: 1" 40'
BEGINNING
R = 891.24' /
A = 13'25'24" I(
L = 208.80'
CH = 208.32' I
CB a N 13'56'11" E
0.8848 ACRES 1
CITY OF FORT WORTH \ \
T.C.C. DOC. NO. D216002781 \
Q�
R = 900.24' f
(V = 14'22'36"
L = 225.89'
CH = 225.30' I
CB = S 14'20'07" W I
�C/ I
JUAN JOSE ALBIRADO SURV Y
ABSTRACT NO. 4 I
u
I '
W
T2
CM = CONTROLLING MONUMENT
TANGENT BEARING LENGTH
T1 N 89'29'37" E 9.08,
T2 S 89'28'49" W 3.33' EXHIBIT "A"
T3 N 00'29'54" W 16.04'
ONCOR ELECTRIC DELIVERY CO.
OF EASEMENT
• F+0%6Tfq��;9
bs CORNERSTONE SURVEYING, INC
DANIEL M. WARD 200 WEST MARSHALL
............................
• 09 • ••••,
5890 P.0 BOX 699,PALMER,TEXAS 75152
9�O°F3 0•°•• O j TEL.(972)845-2505-FAX.(972)845-2455
FIRM NO.100215-00
1 D PAGE 2 OF 2
City of Fort Worth, Texas
Mayor and Council Communication
DATE: Tuesday, August 13, 2019 REFERENCE NO.: M&C 19-0039
LOG NAME: 80CHISHOLM TRAIL PARK SEWER LINE & ONCOR EASEMENT
SUBJECT:
Conduct Public Hearing and Authorize Use of Chisholm Trail Park for the Installation of a Sanitary Sewer
Line and for Conveyance of an Easement to Oncor Electric Delivery Company, LLC (COUNCIL DISTRICT
6) (PUBLIC HEARING -a. Report of City Staff, b. Citizen Presentations, c. Council Action)
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 Chisholm Trail Park for the installation of
a sanitary sewer line location of the electrical easement;
3. Find that the proposed sanitary sewer line and Oncor electrical easement includes all reasonable
planning to minimize harm to the parkland, including that all infrastructure and equipment will be
constructed in Chisholm Trail Park as specified on the attached exhibits and as noted in the discussion
below;
4. Close the public hearing and authorize use of approximately 0.242 acres of dedicated parkland
at Chisholm Trail Park for the proposed sanitary sewer line and Oncor 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.
. Chisholm Trail Park - Located at 4936 McPherson Blvd, south of Risinger Road, west of South
Hulen Street, North of McPherson Blvd, and east of Summer Creek Drive; in COUNCIL DISTRICT 6
DISCUSSION:
The purpose of this Mayor and Council Communication (M&C) is to authorize the use of parkland for the
installation of a sanitary sewer line and an easement to Oncor Electric Delivery Company, LLC
(Oncor) at Chisholm Trail Park (Park).
The City of Fort Worth Water Department (WD) is requesting the use of a portion of the Chisholm Trail
Park (Park) for the installation of a sanitary sewer line. The project involves the installation of two (2)
sewer line lateral taps and sewer mains to the adjacent Trails of Summer Creek Development. The lines
will be installed by open cut.
The Oncor project involves installation of a new electrical line that will run along the western boundary of
the park parallel to Summer Creek Drive. The line will be bored and trenched eliminating overhead
impacts to the park. No trees will be impacted by the proposed projects.
Logname: 80CHISHOLM TRAIL PARK SEWER LINE ONCOR EASEMENT Page I of 3
These improvements are being requested for Trails of Summer Creek Development adjacent to the park.
The improvements will encompass approximately 10,564 square feet (0.242 acres) of easement and
maintenance area within the park.
Equipment Width Length Total
(feet) (linear feet) (square feet)
Electrical Line 10 951.4 9,514
Sewer Line 1 15 20 300.00
Sewer Line 2 15 50 750.00
10,564
Total
(0.242 acres)
On June 26, 2019 the Park & Recreation Advisory Board endorsed staffs recommendation to the City
Council to authorize the use of parkland for the installation of sanitary sewer improvements and an Oncor
electrical easement.
In accordance with State law, public notice of the hearing was advertised in the Fort Worth Star-Telegram
on July 18, 2019, July 25, 2019 and August 1, 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 residents of the Summer Creek South HOA and the
Summer Creek Ranch HOA on July 15, 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.
Chisholm Trail Park is located in COUNCIL DISTRICT 6.
This M&C does not request approval of a contract with a business entity.
A Form 1295 is not required for this contract because: This contract will be with an electric utility: Oncor
Electric Delivery Company LLC
FISCAL INFORMATION /CERTIFICATION:
The Director of Finance certifies that this action will have no material effect on City Funds.
Logname: 80CHISHOLM TRAIL PARK SEWER LINE ONCOR EASEMENT Page 2 of 3
TO
r7!1�
partment ccoun Project Program ctivity Budget Reference # moun
ID ID Year (Chartfield 2
FROM
Fund Department ccoun Project JProgram ctivity Budget Reference # moun
ID ID Year (Chartfield 2)
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: David Creek (5704)
Additional Information Contact: David Creek (5704)
ATTACHMENTS
1. Chisolm Trail Park A Location.pdf (Public)
2. Chisolm Trail Park O Location.pdf (Public)
Logname: 80CHISHOLM TRAIL PARK SEWER LINE ONCOR EASEMENT Page 3 of 3