HomeMy WebLinkAboutContract 40798•► to ►�� L� •
STATE OF TEXAS )
COUNTY OF TARRANT )
THIS AGREEMENT is made and entered into this _ day of , 2010
by and between the CITY OF FORT WORTH, TEXAS, a city chartered u der the laws
A the State of Texas, whose mailing address is 1000 Throckmorton Street, Fort Worth,
TX 76102.6311, hereinafter called ("City") and SUNOCO PIPELINE L.P., a Texas
limited partnership, with a mailing address of P.O. Box 5095, Sugar Land, TX 77487-
5095 hereinafter called ("Sunoco").
WITNESSETH:
WHEREAS, Sunoco has acquired and now owns an easement, right of way and
privilege to construct, maintain, operate, repair, replace, alter, renew and remove
pipelines and appurtenances thereto, together other rights in and across certain lands
located in the William McCowan Survey, A-999, and the James R. Knight Survey, A-
902, City of Fort Worth, Tarrant County, Texas, by virtue of a pipeline Easement and
Right of Way granted to Magnolia Pipe Line Company by J. J. Williamson, et al. on April
30, 1953 and recorded June 12, 1953 in Book 2579, Page 382 of the Real Property
Records of Tarrant County, Texas (hereinafter called "Easement"), reference to which is
here made for all purposes; and
WHEREAS, said Easement and Right of Way was defined to a 50-foot (50') strip
in and across certain lands located in Tarrant County, Texas, by virtue of an agreement
dated July 10, 1967 and recorded September 18, 1967 in Volume 4460, Page 184 of
the Real Property Records of Tarrant County, Texas; and
WHEREAS, by Partial Assignment dated August 1, 2005, from Mobil Pipe Line
Company, successor by operation of law to Magnolia Pipe Line Company, recorded on
September 7, 2005 as instrument D205265333 of the Real Property Records of Tarrant
County, Texas' Sunoco Pipeline, L.P. acquired said Easement and; and
WHEREAS, City desires to have Sunoco permit City to cross Sunoco's pipeline
and easement area for the purpose of installing two two -foot by four -foot (2'x4')
removable reinforced concrete box drains (hereinafter called "RCB") with vertical
supports as indicated on City's drawings, attached hereto and made a part hereof as
Exhibits "A" and "B" (hereinafter called "Improvements"); and Sunoco is willing to permit
City's use for such purposes, subject, however, to the following provisions contained
herein.
NOW, THEREFORE, in consideration of Ten Dollars and other good and
valuable consideration, the receipt of which is hereby acknowledged, the parties hereto
agree as follows:
Sunoco agrees that City may use such portions of SU"V%av a Easement for said
Improvements provided the RCBs shall be installed and constructed as shown on
Exhibits "A" and "B" and shall be constructed a) each with two vertical supports with a
bottom elevation of 720 feet (720') above sea level including two reinforced concrete
cap beams, b) there will be a minimum clearance of three inches (T) between the top of
Sunoco's concrete encased pipeline and the bottom of said RCBs c) no heavy
equipment crosses the pipeline during construction of the Improvements;
Provided further that City shall not build any aboveground permanent building,
facility or structure, or allow any such aboveground permanent building, facility or
structure to be placed or maintained within Sunoco's Easement.
City, its agents and contractors shall give Sunoco not less than seventy-two (72)
hours' notice prior to any proposed grading, excavation, construction or installation of
any improvements over, under or near Sunoco's Pipeline and Easement. Such notice
shall be by telephone to Fred Russell at 817431-1181.
Except as otherwise provided for herein, neither City nor its agents or contractors
shall build any structures on, construct man-made surfaces or place bodies of water
upon, plant any trees or shrubs, excavate or locate any utilities within, change the grade
A or use Sunoco's Easement, or any part thereof, in any way which will or may
interfere with Sunoco's immediate and/or unimpeded access to Sunoco's Pipeline
facilities located therein or otherwise interfere with Sunoco's lawful exercise of any of
the rights granted Sunoco herein or by Sunoco's Easement and subsequent
amendments without first having obtained Sunoco's approval in writing.
The installation, operation, maintenance and repair of the Improvements by City
shall be done in a manner as will not interfere with the proper and safe use, operation
and enjoyment of Sunoco's Pipeline and Easement.
City is responsible for securing any other easements, property rights,
permissionsI permits and/or approvals from the affected property City's, the City's and
operators of other utilities and facilities within the Easement and local, state and federal
governmental authorities.
City agrees with Sunoco that City will not hold Sunoco liable for any damage to
the Improvements which may occur in the operation and maintenance of Sunoco's
Pipeline or Easement so long as such operation and maintenance is in conformance
with the standards set forth in the next sentence, and further that City shall not hold
Sunoco liable for any maintenance to City's Improvements. In addition, Sunoco agrees
City of Fort Worth ROW Crossing Contract 2
to use reasonable care when operating and maintaining its pipeline.
City shall require its contractor to name Sunoco as an additional insured on its
Certificate of Insurance and that contractor's insurance policy shall provide primary
coverage not subject to excess coverage limitations.
City is advised and agrees that Sunoco must maintain and operate its Pipeline in
accordance with the requirements of the Department of Transportation and other
governmental regulatory bodies, and City herein expressly waives its rights to recover
from Sunoco any damages to its Improvements unavoidably incurred by acts of Sunoco
in complying with such regulations or otherwise necessary to the maintenance and
operation of its pipeline.
Both Parties agree the uses and covenants recited herein shall inure to and be
binding on the Parti bies hereto, their successors and assigns, lessees and sub -lessees.
IN WITNESS WHEREOF, we have hereunto signed our names the day and year
first above written.
SUNOCO PIPELINE L.P., a Texas limited partnership
By: Sunoco Logistics Partners Operations GP LLC,
a Delaware limited liability company,
as its general partner
By:
6 CITY OF FORT
Name:
Title:
Attested byo
City of Fort Worth ROW Crossing Contract
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ACKNOWLEDGMENTS
STATE OF PENNSYLVANIA )
COUNTY OF PHILADELPHIA )
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Before mea Notary Public in and for said county and state, on this day of
2009 personally appeared Kathleen Shea-Ballay., to me known to be
the idenfi al person who subscribed the name of the maker thereof to the foregoing instrument
as Vice -President of Sunoco Logistics Partners Operations GP LLC, a Delaware limited liability
company, in its capacity as general partner of SUNOCO PIPELINE L.P., a Texas limited
partnership, and acknowledged to me that she executed the same as her free and voluntary act
and deed, and as the free and voluntary act and deed of such corporation for the uses and
purposes set forth.
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Witness my hand and official seal this the / / day of vo US1010.
` COMMONWE� pp p��s�V��
My Commission Expires: u f NOTARIAL SEAL
ROSEMARY HASELROTH, Notary put>fic
City of Philadelphia, Phk County
Commission Expims November 20, 2012
STATE OF TEXAS )
COUNTY OF TARRANT )
Before me, the undersigned authority, on this day personally appeared
,�C !� Qua, of CITY OF FORT WORTH,
TX, known to me to be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that in her/his capacity as "Mevof CITY OF FORT
WORTH, s/he executed the same as the act of such corporation for the purposes and
consideration therein expressed.
Witness my hand and official seal this theme day of , 2010.
City of Fort Worth ROW Crossing Contract 4
F108ELI11BARNES
*: *= My COMMISSION EXPIRES
�,•r ,;' March 3112013
Notary Public
My Commission Expires: (3 131 1
File No. RC-187
City of Fort Worth ROW Crossing Contract 5
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