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HomeMy WebLinkAboutContract 37545OUNTY OF .- - CITY O'ECRETARY FJ �JI i I �ACT NO FCNOV1f ALL LIEN 13Y 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 L,Ile fII-6t. eetteeI yy . ("GRANTEE"). For arad in consideration of $10,99, and other good and valuable consideration, the sufficiency of a^;hick is hereby acknos�vledged, and in consideration o#the covenants �. 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 Ruc X wot( (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 #or tlairty (30) days upon the execution of this Agreement. 3. The Easement shall only be used for the purpose of performing �'9ater Pumping for a proposed gas drilling to be located through a portion of VUG 11 (Park). 4. GRAfVIEE shall have free and uninhibited access across, through and over the Property for the purpose as described in Section 3 above. GRANTOR OFFICIAL acknowledges and agrees that GRAN I EE's access shall be with vehicles, CITY SECRE AW f FT. WORTH, TX 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 disturb the surface or subsurface of the Property and surrounding property. Any disturbance due to the park shall be restored to its original condition; as it was 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. i$. 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 ail 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. 10. GRANTEE shall, at its own cost and expense comply with all applicable laws, including but not limited to exiting 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 premises because of GRANTEE's use thereof. 11. 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. In -this regard, GRANTEE covenants and agrees to, and by these presents d:oe�s��ereby fully indemnify, hold harmless and defend the GRANTOR, its OFFICIAL CITY SECRETARY FT, WORTH, TX 08%28/08 15:29 FAX 871 5724 CITY OF FT WORTH 0 003 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 I ► ts0 "' , 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 LkP1031v n'I falw-empa{Lr4 Mrmi and that he/she executed the same as the act of said �,� >hAA=ar z. er— ►v" r+� for the purposes .A fw and consideration therein express d in the capacity"therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this _a day of o Q 0,�s -T 20n - f,WRXf13f}FMfiYYf F/I11: / i . • ! ROBERT KEVIN STRAWER _ply NOTARY PUBLIC STATE OF TEXAS CORVA" DION EXPIRED: OF 06-25-2012 ACKNOWLEDGEMENT STATE OF TEXAS COUNTY OF TAPRANT BEFORE ME, the undersigned authority, on this day personally appeared �tsaa, 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 ro}�" °��� ; ROSELLA BARNES *; *= MY COMMISSION EXPIRES FT. WORTH, TX Notary Public in and forthe State of Texas IF It. Ala I IF go � MI air_ _3 F-L .r.y `..4x FAIL �� "-+' sFIN ue: ". • a �'` o law IF _ k 1y'Val Ats •i 4 'ai74'�q IaF o4�7 „` y �8ti - )IFF ,ey #r.... ytc,l,. IIF 7.- -,'-" . 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