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HomeMy WebLinkAboutContract 41349S T A'I a,,� Ili TEXAS COUNTY fob= TA `-_' RANT CITY SECRETARV1 ¶�2 CONTRACT NO, swa7 1 J�1-� KNOW ALL PERSSONS BY THESE PRESENTS This Temporary Ingress and .grr'es&/Construction _ a ement Agreement g nt (this "Agreement") is entered into between the City of Fort Worth, Texas, a . m�anic�pal corporation of Tarrant County Texas ("GRANT•R") and tuaiclk Silver Resources Inc., ("GRANTEE"). For and in consideration of other goods and valuable consideration the sufficiency ®f which is hereby acknowledged, and in consideration of the covenants • c®nta�ned herein, GRANTOR and GRANTEE agree as follows: 1. Subject to the terms of this Agreement, GRANTOR herebygrants and the GRANTEE conveys to a Temporary Ingress and Egress/Construction Easement(the"basement" onto = - , K&vGr to f (Park) described in the attached Exhibit" hereinafter referred to as the '� , "Properly". This grant and conveyance is made subject to all matters of record affecting the Property. 2. The term of this r-asement shall be for thirty (30) days upon the execution. p ®f this Agreement. 3. The Easement shall only be used for the purpose of installing a temporary waterline for the transportation of fresh water to a proposed gas drilling g site t® be located through a portion of (Park). 4. GRANTEE shall have free and uninhibited access across, through Property for the g and over the p y purpose as described in Section 3 above. GRANTOR acknowledges and agrees that GRANTrE's access shall be with vehicles, equipment and employees or contractors. The [asement 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 minimize disturbance to the surface or subsurface of the Property and surrounding property. Any disturbance done to the park reported to the P � _ p k shall be p arks and Community Services Department (PMCSD) for assessme nt. Restoration of disturbed area(s) shall be restored to the condit ion existing prior to the change or damage and the area shall be mainta ined and watered until such areas are inspected and accepted by the PACSD. •- oFFicIAL RECORD CITY SECRETARY FT. WORTH, TX 6. There shall be no equipment on park property within 48 hours of The grant®r should be contacted t® ens a rain event. ensure the grounds of park are suitable for performing work outlined within the agreement. 7. The Casement is not assignable by the GRANTEE without the prior written consent of GRANTOR, which shall not be unreasonably withheld. ao The Company shall have access to Premises on the following dates for the following purposes: _.'Alf (date) On Ground Preg-Construction -'1o!/ (date) Start Date 20/C(date) Completion Date Company agrees to pay the City $/soomo, representing$O.20per linear foot, per pipe for the purpose of stringing temporary p Yacrossthe premises. 8. GRANTEE shall, at its own cost and expense comply with all applicable laws, including but not limited to existing zoning ordinances, governmental tal rules and regulations enacted or promulgated by any governmental authority promptly execute and fulfill and shall p Y all orders and requirements imposed bysuch prevention governmental entities for the correction, p ti®n and abatement of nuisances in or upon or connected with said premises because of GRANTEE's use thereof. 9. GRANTOR shall not be liable to GRANTLF for anydamage GRANTEE'S equipment, ... 9 or theft of facilities or other contents, except, when caused bythe willful misconduct of GRANTOR its agents, servants g or employees. It is understood that it is n©t 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 a no representation or parties and that p statements, verbal or written, have been made modifying, adding to, or changing the terms of this Agreement. Y g' 11. In this regard, GRANTFF covenants and agrees to, and bythese presents p osents does hereby fully indemn:fy, hold harmless and defend the GRANTOR its agents and employees, against officers, 9 p yes, from and any and all claims, suits or causes of action of any nature whatsoever, whether real or asserted, brought foror©n account of any injuries or damages to persons or propel including g death, resulting from, or in any way connected with, the grant of the easement or operation and maintena nce of the temporary facilities, whether or no artI� the r�� • l enC� ®f officers a e t caused in nts ®r enlplo ees of the GRANTOR' provided however, that the Grantee shall haver • -�© liability or obligation to indemnify, hold harmless ®r defend with respect n�r Qt® any injury or damage to persons or property resulting from the sole negligence employees of the GRANTOR officers, agents ©r TO HAW AND TO HOLD the abaveodescribed temporary singular the rights and appurtenances p ry easement, together with all and 9 ppurtenances thereto in anyway belonging GRANTEE's successors and assigns � � unto GRANTEE, and g for so Tong as the right and easement h ' GRANTOR does hereby hied itself and its success®r anderern granted; and assigns to warrant and forever defend all and singular the Easement unto GRANTEF, its successor� . and assigns, against ever ers®n y part them®f whomsoever lawfully claiming or to claim the same or an p . When the context requires, singular nouns and pronouns s include the plural. GRANTEE: ceAy &umvr i;,s tk'u� jolo GRANTOR: City of Fort Worth S�isan Alanis. Assistant City Manager Date Date f APPROVED AS TO FORM AND LEGALITY E 1 lti 8 C -RE IQU Ark -�. —jai t 14) Assistant City Atto net Attested by; 4 lvifariy �!T'ity HendrixSecntar ACKNOWLEDGEMENT _ OFFICIAL RECORD CITY SECRETARY F E WORTH, TX STATE OF TEXAS COUNTY OF TARRANT EFORE 1111E, the undersigned authori , a Notary Public in and for the State © � f Texas, on this day personally appeared me to be the same person whose name is subscribe acknowledged to me that the same was the act of and that he/she executed the same as the a c t , ic said , known to the foregoing instru and for the purposes and consideration therein expressed and in the capacity therein stated. IVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 20 DONNA M KBE/16008 My Commission ERiplros March 16, 2011 J otary Public in and for .. he State . e as ACKNOWLEDGEMENT STATE OF TEXAS COUNTY OF TARRANT BEFORE Mr, the undersigned authority, on this day personally appeared Charles Wu Datiefs, 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 Count y iTexas for the - �9 g �� purpose and consideration therein expressed and in the capacity therein stated. GIVE! UNDER MY HAND AND SEAL OF OFFICE this day of 20))0JILLaAat,), ° ya1,r zAiN p`: LINDA M. RiRRUNGER • • s : MY COMMISSION EXPIRES "!�i ♦�j ;;('� f Sl bruAt2014 • g)(rld& 114 q•I OWM9,1 Notary Public in and for the State of Texas w 0 • 0 U Q W X ccw C s�- vz z < 0 U Z W o Z U w O CC = U Li- CC J Ja IL W ri z Q' H. N N _ C' 0 0- CD cc w m LOT 1A, BLOCK 1 NISO HARRIET CREEK RANCH ELEMENTARY NO. 14 VOL. 2009, PG. 1 P.R.D.C.T. 5/ 8 IRON ROD FOUND N88°45' 13"W 15. 46' HARRIET CREEK RANCH VOL. W, PG. 174 P.R.D.C.T. CENTER LINE LENGTH = 260.8' UCENSE TRACT AREA = 0.030 ACRES N88°45' 13"W 111. 43' POINT OF BEGINNING LOT 22, BLOCK 16 HARRIET CREEK RANCH VOL. U, PG. 293 P.R.D.C. T. 1.304 2g8 03%�`c 0 2' N't2 2,2—����W S N88°45' 13" 69. 50' SOFT. K35. 37' �*-N.L74° 53' 29" W 5. 00' N1 4° 09' 04"W 30. 14' POINT OF COMMENCING 5/8 IRON ROD FOUND LOT 67, BLOCK 17 HARRIET CREEK RANCH VOL. U, PG. 293 P.R.D.C.T. EXHIBIT 'B' AN EXHIBIT SHOWING A 5' TEMPORARY WATER LINE LICENSE TRACT SITUATED IN THE GUADALUPE CARDINAS SURVEY, ABSTRACT NUMBER 214, DENTON COUNTY, TEXAS � V cao rip S SCALE 1'=100' HARRIET CREEK RANCH VOL. U. PG. 293 P.R.O.C.T. 6059 =,•0�0 P�,;'� FILE= Jr \ JOB\WFXG5B00\SUR\G5800e301. dgri DATEt 01-Nov-1 0 13: 26 -DUI 'dno. D Du l -1aau l Du3 sg000r Fq 01020 4.41.14doD (V O w a EXHIBIT "A" LEGAL DESCRIPTION A 5' QUICKSILVER RESOURCES INC TEMPORARY WATER LICENSE TRACT BEING a tract of land situated in the Guadalupe Cardinas Survey, Abstract Number 214, Denton County, Texas, and being a portion of Lot 22, Block 16, Harriet Creek Ranch, an addition to the City of Fort Worth, Denton County, Texas, as recorded in Cabinet U, Page 293, Plat Records of Denton County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a 5/8 inch iron rod found at the most southerly southwest lot comer of said Lot 22, being the southeast lot corner of Lot 1A, Block 1, NISD Harriet Creek Ranch Elementary School No. 14, an addition to the City of Fort Worth, Denton County, Texas, as recorded in Volume 2009, Page 1, Plat Records of Denton County, Texas, and also being in the northerly right-of-way line of Harriet Creek Drive (a variable width right-of-way); THENCE N 88°45'13"W, 69.50 feet along the common lot line of the west lot line of said Lot 22 and the east lot line of said Lot 1 A to the POINT OF BEGINNING; THENCE N 88°45'13"W, 15.46 feet continuing along said common lot line to a point from which a 5/8 inch iron rod found bears N 88°45'13"W, 111.43 feet;; THENCE N 72°22' 51 "E, 238.03 feet departing said common lot line; THENCE S 14°09'04"E, 35.37 feet returning to the northerly right-of-way line of said Harriet Creek Drive; THENCE S 74°53'29"W, 5.00 feet along the north right-of-way line of said Harriet Creek Drive; THENCE N 14°09'04"W, 30.14 feet departing the north right-of-way line of said Harriet Creek Drive; 'THENCE S 72°22'51"W, 218.09 feet to the Point of Beginning and containing 1,304 square feet or 0.030 acres of land more or less. Jacobs Job No. WFXG5800 S#FW642K J:1JOB\WFXG5800\SUR\WP\LEG1G5800e301.doc Tracking No. 3051 November 01, 2010 Page 2 of 2