HomeMy WebLinkAboutContract 41250STATE OF TEXAS
CJITY' SEC - E _AY
COJSi1b\CT io
TEMPORARY INGRESS AND EGRESS AGRELMEN T
COUNTY OFT- RRANT §
KNOW ALL 11111.11 BY THESE PRESENTS
This Temporary Ingress and `egress Agreement ("Agreement") is entered into between the
City of Fort Worth, Texas, a municipal corporation of Tarrant County Texas ("CITY") and
Texas Midstream Gas Services L.L.C., an Oklahoma limited liability company
("COMPANY"). For and in consideration of other goods and valuable consideration, the
sufficiency of which is hereby acknowledged, and in consideration of the covenants
contained herein, CITY and COQIIPANY agree as follows:
1 Subject to the terms of this Agreement and to all matters subject to record, CITY hereby
grants the COMPANY a temporary ingress and egress (the "Survey License") onto
Greenway Park described in the attached Exhibit "A", hereinafter referred to as the
"Property"
2. The term of this Agreement shall be for thirty(30) days upon the execution of this
Agreement.
3. The Agreement shall only be used for the purpose of performing engineering design and
surveying for a proposed gas pipeline to be located through a portion of Greenway Park.
4. COMPANY shall have free and uninhibited access across, through and over the
Property for the purpose as described in Section 3 above. CITY acknowledges and
agrees that COMPANY's access shall be with vehicles, equipment and by employees or
contractors as outlined on the attached exhibit. The Agreement shall include the right of
COMPANY and its employees, agents, representatives or contractors to access the
aforementioned Property for the purposes stated herein.
5. COMPANY shall minimize disturbance to the surface or subsurface of the Property and
surrounding property. Any disturbance to the park shall be reported to the Parks and
Community Services Department (PACSD) for assessment. Restoration of disturbed
area to the condition existing prior to the change or damage are to be approved and
inspected by the PACSD.
6. This Agreement is not assignable by the COMPANY without the prior written consent of
CITY, which shall not be unreasonably withheld.
7. COMPANY 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 COMPANY's use thereof.
OFFICIAL RECORD
CI`-'
fiA 1`A4O) 00.02
Ft WORTH, TX
8. The Company shall not enter the City grounds of the property within 48hrs of a rain
event or if property is considered wet. Contact the PACS Superintendent after a storm
event for an assessment.
9. CITY shall not be liable to COMPANY for any damage or theft of COMPANY'S
equipment, facilities or other contents, except, when caused by the willful misconduct of
CITY, 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.
10. 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.
11. In this regard, COMPANY covenants and agrees to, and by these presents does
hereby fully indemnify, hold harmless and defend the CITY, its officers, agents
and employees, from and against any and all claims, suits or causes of action of
any nature whatsoever, whether real or asserted, brought for or on account of any
injuries or damages to persons or properly, including death, resulting from, obi in
any way connected with, the grant of the temporary ingress and egress on the
properly, whether or not caused, in part, by the negligence of officers, agents, or
employees, of the CITY; provided however, that the Company shall have no
liability or obligation to indemnify, hold harmless or defend with respect to any
injury or damage to persons or property resulting from the sole negligence or
willful misconduct of officers, agents or employees of the CITY.
The above -described temporary ingress and egress together with all and singular the rights and
appurtenances thereto in anyway belonging unto COMPANY, and for so long as the rights are herein
granted; and CITY does hereby bind itself and its successor and assigns to this Agreement.
When the context requires, singular nouns and pronouns include the plural.
COMPANY:
Texas Midstream Gas Services L.L.C.
r
av John ,
anager- ropey Rights
APPROVED AS TO FORM AND LEGALITY AttesS by
CITY:
City of Fort Worth
Assistant City Attorney
FFICIAL RECORD
<< H N SECRETARY
raWORTH,TX
TX-TARR-M EAP-040.00.02
Susan Alanis,
Assistant City Manager
Marty F1enc4rx,
R
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ACKNOWLEDGEMENTS
STATE OF TEXAS §
COUNTY OF TARRANT
P3EFORL itfiE, the undersigned authority, of this day personally appeared Dave
Johns, known to rye to foe the person and officer whose nape is subscribed to the
foregoing instrument, and acknowledged to rune that he executed the same as the act of
Texas [Midstream Gas Services, Loft .UCU, an Oklahoma limited liability company for the
purposes and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this
day of
etPANI )tir. 9 2010.
STATE OF 1FXAS §
COUNTY OF TARRANT
Notary Public in and for the State
NICOLE N. Notary little
STATE OF TEXAS
My Cas*. Ea. Oa111/2012
BEFORE ME, the undersigned authority, on this day personally appeared Susan
Alan's, known to me to be the person and officer whose nape 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 i1ilY HAND AND SEAL OF OFFICE this 1 544
day of
Din^ (fin , 2010.
a� UP4DA M. HIHBLl1OER
��` M`f COMMISSION EXPIRES
Trr yy�•February 2, 2014
fie(•
&tit m MOaul
Notary Public in and for the State of Texas
TX-TARR-M EAP-040.00.02
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87+12 EDGE OF DRIVE
8 +4rEli I' D-NiVE
88+23 BORE EXIT
98+34 LB
93+08 LA
93+46 6" ATMOS GAS
PIPELINE (3' COV.)
93+70 C/L
PHARR STREET
93+85 48" CULVERT
41. U1 Cl U1 Ul
0o o ru — 0'
0 0 0 0
(5' COV.)
97+42 84" BOX
CULVERT (CONC.)
(4' COV.)
99+15 C/L
CREENWAY PARK DR.
101+00 C/L
DITCH (11' W)
101+52 C/I•
US. HWY. 377
(E.tBE+77� / RD.)
EASTBOUND LANE
102.1.75 C/L
HWY. 121
(WESTBOUND)
103+68 C/L
STATE HWY. 121
(MEDIAN)
104+58 C/I.
HWY. 121
(EASTBOUND)
104+94 ELECTRIC
CABLE
(23' COV.)
105+53 C/L
SERVICE ROAD
(ASPHALT)
106+27'
MATCH LINE
106+27
0,4
\
/8+20 C//L MEDIAN 1-35 & U.S. HWY. 287
78+37 EUCE OF ROAD
78+52 CA NORTHBOUND LANE
78+95 EDGE OF ROAD
78+96 (COFW) 24" SANITARY SEWER (FA ELEV. 509.8')
79+01 U.G. ELECTRIC (4' COV.)
79+03 SEWER MANHOLE 59' LT., LIGHT POLE 19' LT.
79+45 EDGE OF ROAD
79+62 C/L FEEDER ROAD
79+78 EDGE OF ROAD
79+85 FIBER OPTIC CABLE (2' COV.), TELEPHONE PEDESTAL 5' Rr.
79+86 0.H. ELECTRIC, POWER POLE 9' RT.
79+92 R/W, PROPERTY LINE
79+93 FND. I.R. 72' LT.. CONC. SIDEWALK (CDR.) 55' LT.
79+96 (COFW) 12" WATER LINE X-15066 (ELEV. 514.3 T.O.P.),
79+98 CONC. SIDEWALK (CDR.) 55' LT.,
80+04 WATER METER 52' LT.
80+07 EASEMENT LINE ,WATER METER 55' LT.
80+09 WATER METER 61' LT,
80+14 9" OAK 67' LT.
80+42 P,I, < 90'00'0Q' RT. HDD TIE-IN POINT, FNTRY 57' LT,
80+82 P.I. < 03'47'03' RT,
EQUATION:
80+82 LINE BACK
80+23 LINE AHEAD
83+75 BORE ENTRY
84+07 PROPERTY LINE
84+15 BUILDING CORNER 50' LT.
85+69 BUILDING CORNER 51' LT.
87+12 EDGE OF DRIVEWAY
87+49 EDGE OF DRIVEWAY
87+68 PROPERTY LINE
88+23 13,1, < 7'54'00" LT., BORE EXIT
90+36 SURVEY LINE
92+63 RI, < 90'00'00" LT,
92+97 P,I. < 17'46'77" LT,
98+34 P.I. < 97' 11'77" RT,
EQUATION:
98+34 LINE BACK
93+08
93+08
93+26
93+36
93+46
93+48
93+58
93+70
93+83
93+85
93+87
95+27
95+57
LINE AHEAD
HDD TIE-IN POINT, HDD ENTRY 44' LT.
TOP BANK
R/W, PROPERTY LINE, TOE OF SLOPE
6" ATMOS CAS PIPELINE (3' COVER)
TOP BANK
EDGE OF' ROAD
C/L or PHARR STREET
EDGE OF ROAD
CULVERT (48" CMP)
R/W, PROPERTY LINE
PLAYGROUND (CONC.) 11' RT.
PLAYGROUND (CONC.) 18'RT.
96+00 EDGE OF ROAD 19' LT.
97+42 84" BOX CULVERT (CONC.)(4' COV.)
98+94 EDGE OF ROAD
99+15 CA CREENWAY PARK DRIVE
99+32 EDGE OF ROAD
101+00 C/L DITCI-I (11' W)
101+19 R/W, PROPERTY LINE
101+33 EDGE OF ROAD
101+52 C/L U.S. HWY. 377 (EAST BELKNAP ROAD)
101+72 C/L EASTBOUND LANE
tot+82 EDGE OF ROAD
101+86 STREET LIGHT (METAL) 18' RT.
102+00 TOE OF SLOPE
102+40 EDGE OF ROAD. GUARDRAIL
102+75 C/L HWY. 121 (WESTBOUND)
103+10 EDGE OF ROAD
103+11 GUARDRAIL
103+19 TOP OF SLOPE
103+63 C/L DITCH
103+68
104+22
104+26
104+27
104+58
104+91
104+92
104+94
105+28
105+36
105+53
105+70
105+82
105+88
105+89
106+27
C/L STATE I-IWY.
TOP OF SLOPE
GUARDRAIL
EDGE OF ROAD
C/L STATE HWY.
EDGE OF ROAD
GUARDRAIL
ELECTRIC CABLE (23'
TOP OF SLOPE
C/L DITCH
EDGE OF ROAD
C/L SERVICE ROAD (ASPHALT)
EDGE OF ROAD
0.H. ELECTRIC (2w)
R/W, PROPERTY LINE
FENCE (4V'!, 5' H)
P.I. < 85'11 ' 10" RT. HDD TIE-IN POINT. EXIT 28' LT,
106+27 MATCH LINE
121 (MEDIAN)
121 (EASTBOUND)
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9H431 1.11_
93.10H I.A
93.136
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93.187
99+15
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COv.), POWER POLE 27' LT..