HomeMy WebLinkAboutContract 41348.L _: ,
{.pjj � _ °y p_ DrrARY
ST kTE OF 'TEXAS
KNOW ALL PERSONS [lY This = 6 E8F Sk1TS
COUNTY OF TARRANT
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 Chesapeake Operating Inc.,
("GRANTEE").
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,
GRANTOR and GRANTEE agree as follows:
1. 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 Cobb Park (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 for thirty (30) days upon the execution of 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 site to be
located through a portion of Cobb Park (Park).
4. GRANTEE shall have free and uninhibited access across, through and over the
Property for the purpose as described in Section 3 above. GRANTOR
acknowledges and agrees that GRANTEE's access shall be with vehicles,
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 minimize disturbance to the surface or subsurface of the
Property and surrounding property. Any disturbance done to the park shall be
reported to the Parks and Community Services Department (PAACSD) for
assessment. Restoration of disturbed area(s) shall be restored to the condition
existing prior to the change or damage and the area shall be maintained and
watered until such areas are inspected and accepted by the PACSD.
Page 1 of 5
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
6. There shall be no equipment on park property within 48 hours of a rain event.
The Grantor should be contacted to ensure the grounds of park are suitable for
performing work outlined within the agreement
7. The Easement is not assignable by the GRANTEE without the prior written
consent of GRANTOR, which shall not be unreasonably withheld.
a. The Company shall have access to Premises on the following dates for
the following purposes:
(date) On Ground Pre -Construction
(date) Start Date
(date) Completion Date
Company agrees to pay the City $3,420.00, representing $0.20 per linear
foot, per pipe for the purpose of stringing temporary pipelines across the
premises.
8. 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 authonty 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.
9. 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.
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 GRANTEE covenants and agrees to, and by these presents does
hereby fully indemnify hold harmless and defend the GRANTOR, 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 property, including death,
Page 2 of 5
resulting from, or in any way connected with, the grant of the easement or
operation and maintenance of the temporary facilities, whether or not caused, in
part, by the negligence of officers, agents, or employees, of the GRANTOR;
provided however, that the Grantee 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 of officers, agents or
employees of the GRANTOR.
TO HAVE AND TO HOLD the above -described temporary easement, together with all and
singular the rights and appurtenances thereto in anyway belonging unto GRANTEE, and
GRANTEE's successors and assigns for so long as the right and easement herein granted; and
GRANTOR does hereby bind itself and its successor and assigns to warrant and forever defend
all and singular the Easement unto GRANTEE, its successor and assigns, against every person
whomsoever lavviully claiming or to claim the same, or any part thereof
When the context requires, singular nouns and pronouns include the plural.
GRANTEE:
97c-eV-tee
uflie H . Wilson, Vice President
GRANTOR: City of Fort Worth
4/Aar 7L,AAAA
SuSaH !anis, Assistant City Manager
ate Date
APPROVED AS TO FORM AND LEGATITY
p Acf_.
Page 3 of 5
fR.ED
f 1 1�
k-fAssistantCity'�Attorney
Atte ste
Wiarty Hendr.' , City 5
OFFICIAL RECORD
CITY SECRETARY
W,I RT H, TX
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 Julie H. Wilson
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 Chesapeake Operating, Inc.
and that he/she executed the same as the act of said
Vice President of Urban Developement for the purposes and consideration
therein expressed and in the capacity therein stated.
�z
GIVEN UNDER MY HAND AND SEAL OF OFFICE this .:0 day
of
. _ , 20,.
KANDICE KATHLEEN WRIGHT
MY COMMISSION EXPIRES
November 30, 2012
Page 4 of 5
1
ILi *4.‘N%tftes7(
•
Notary Public in and for the State of *xa;
J
ACKNOWLEDGEMENT
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, on this day personally appeared Susan
Alanis, 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
g g
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 )11A- day of
� oxixokhce
Page5of5
2oL.
(Hi a (eLkmint
Notary Public in and for the State of Texas
Maddox 1H
Temporary Surface Pipe Route
Maddox Site from Novikoff Pit
Total Distance = 5,700 feet
-Rlctimond'Avo
aAlinvon-Ave'
«'1ir
a.�,;Novikoff 2H
896tt
--.MaddoZ. Site
' 2009 Europa Technologies
2009 Google
32'43' 19 51" N 97"17'38.48" IN elev
Three (3), 10" temporary
surface, fresh water pipes
will cross underneath
bridge.
.. ~ •ti •! • '
rye'• •:Rr'w^