HomeMy WebLinkAboutContract 41822 (2)EASEMENT Ii NC
CITY SECRETARY
ccMTRACT k3.
®�CCH ENT LICENSE AGREEMENT
a
THIS CARE EM IIE,NT is made and entered into by and between THE CITY OF FO ►'; T
WORTHS a home rule municipal corporation of Tarrant County, Texas ("City"), acting
by and through its duly authorized City Manager or duly designated Assistant City
Manager, and Oncor Electric Delivery Company, LLC, hereinafter referred to as
'Licensee", owner of the property located at 115 W 7th Street. ("Property").
RECITALS
VHEREAS, Licensee is the owner of certain real property described as a tract of
land out of the J. Watson Survey, A-1666 and the John F. Heath Survey A-641 also
known as Tract 2C 1 OM, and more particularly described in the deed recorded in Volume
8334, Page 651, of the Deed records of Tarrant County ("Property"); and
WHEREAS, the City has a 20 foot Drainage and Sanitary Sewer Easement (the
"Easement") in the property as shown on the map attached to this Agreement as Exhibit
"A" and incorporated herein; and
WHEREAS, Licensee desires to construct/place underground electric facilities (
the "Encroachment") which will encroach onto the City's Easement as shown on the
attached survey and only to the extent shown thereon; and
WHEREAS, to accommodate the needs of the Licensee, the City will approve
allowing the Encroachment under the terms and conditions as set forth in this Agreement.
NOW, THEREFORE, the City and Licensee agree as follows:
AGREEMENT
1.
The City, in consideration of the payment by the Licensee of the fee set out below and
covenants and agreements hereinafter contained, to be kept and performed by the
Licensee, hereby grants permission to the Licensee to encroach upon and occupy a
portion of the City's Easement as described in and at the location shown Exhibit A.
Licensee shall not expand or otherwise cause the Encroachment to further infringe in or
on the City's Easement beyond what is specifically described in the exhibit(s) attached
hereto.
OFICIAL RECORCITY
SSCRETARAFtMWR1fM'?
2.
All construction, maintenance and operation in connection with such Encroachment, use
and occupancy shall comply and be performed in strict compliance with the Charter,
Ordinance and Codes of the City and in accordance with the directions of the Director of
the Transportation and Public Works Department of City, or his duly authorized
representative. Prior to the construction of the Encroachment, Licensee shall submit all
plans and specifications to the Director or his duly authorized representative. Licensee
shall not commence construction of the Encroachment until such approval shall be
indicated in writing by the Director. However, such approval shall not relieve Licensee
of responsibility and liability for concept, design and computation in the preparation of
such plans and specifications
3.
Licensee agrees that City may enter and utilize the referenced areas at any time for the
purpose of installing, repairing, replacing or maintaining improvements to its public
facilities or utilities necessary for the health, safety and welfare of the public for any other
public purpose. City shall bear no responsibility or liability for any damage or disruption
or other adverse consequences resulting from of Encroachment installed by Licensee, but
City will make reasonable efforts to minimize such damage. Should it become necessary
to remove the Encroachment to install, repair, replace or maintain improvements to City
public facilities or utilities in the Easement, the Licensee shall remove the Encroachment
at the Licensee's expense. The City shall furnish the Licensee with notice if removal of
the Encroachment is deemed necessary by the Transportation and Public Works
Department Licensee agrees that upon request of City, and within 30 days from the date
of such request, to relocate the Encroachment away from the Easement and to restore the
Easement to its original condition all at the sole cost and expense of Licensee.
2
4.
The Licensee further agrees that City shall have the absolute right at its discretion to
terminate this license or refuse to allow the Licensee to continue to have the
Encroachment over, under or across the Easement if the City determines that the
Easement is being substantially damaged by the Encroachment, or that the Encroachment
otherwise places an undue burden on the operation of the municipal utility(ies) system or
in the event the Licensee fails to comply with the provisions of this Agreement City
shall furnish Licensee with notice requiring the removal in a time period as is reasonable
under the circumstances. After receipt of such notice, the Licensee shall thereafter
immediately remove the Encroachment and restore the Easement to the same condition as
existed prior to the installation of the Encroachment. In the event the Licensee fails to
promptly remove the Encroachment and restore the Easement within the time required by
the notice, the City may remove the Encroachment and restore the Easement and assess a
lien on the Property for the costs expended by the City to remove the Encroachment
5.
Licensee agrees to pay to City at the time this Agreement is executed a fee in the sum of
Two hundred seventy-five and no/100 Dollars ($ 275.00 ) to pay necessary fees to
record this Agreement in its entirety in the deed records of Tarrant County.
6.
LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES
HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS
OFFICERS, AGENTS, SERVANTS, EMPLOYEES AND ELECTED OFFICIALS
FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY
DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO
ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER,
ARISING OUT OF OR IN CONNECTION WITH, THE CONSTRUCTION,
MAINTENANCE, OCCUPANCY, USE, EXISTENCE OR LOCATION OF SAID
ENCROACHMENTS AND USES GRANTED HEREUNDER, WHETHER OR
NOT CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OF
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS, LICENSEES, ELECTED OFFICIALS OR INVITEES OF
3
THE CITY; AND LICENSEE HEREBY ASSUMES ALL LIABILITY AND
RESPONSIBILITY FOR SUCH CLAIMS OR SUITS. LICENSEE SHALL
LIKEWISE ASSUME ALL LIABILITY AND RESPONSIBILITY AND SHALL
INDEMNIFY CITY FOR ANY AND ALL INJURY OR DAMAGE TO CITY
PROPERTY ARISING OUT OF OR IN CONNECTION WITH THE
ENCROACHMENTS AND ANY AND ALL ACTS OR OMISSIONS OF
LICENSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
CONTRACTORS, SUBCONTRACTORS, LICENSEES, OR INVITEES.
7.
Licensee covenants and agrees that it shall operate hereunder as an independent
contractor as to all rights and privileges granted hereunder and not as an officer, agent,
servant or employee of City, and Licensee shall have exclusive control of and the
exclusive right to control the details of its operations, and all persons perfouuning same,
and shall be solely responsible for the acts and omissions of its officers, agents, servants,
employees, contractors, subcontractors, licensees and invitees. The doctrine of
respondeat superior shall not apply as between City and Licensee, its officers, agents,
servants, employees, contractors and subcontractors, and nothing herein shall be
construed as creating a partnership or joint enterprise between City and Licensee.
8.
Licensee agrees and acknowledges that this Agreement is solely for the purpose of
permitting Licensee to construct, maintain and locate the Encroachment over or within
the described Easement and in not a conveyance of any right, title or interest in or to the
Easement
9.
In any action brought by the City for the enforcement of the obligations of the Licensee,
City shall be entitled to recover interest and reasonable attorney's fees.
10.
The parties agree that the duties and obligation contained paragraphs 3 and 4 shall survive
the termination of this Agreement
4
11.
Licensee covenants and agrees that it will not assign all or any of its rights, privileges or
duties under this contract without the written approval of City, and any attempted
assignment without such written approval should be void.
12.
Any cause of action for breach of this Agreement shall be brought in Tarrant County,
Texas. This Agreement shall be governed by the laws of the State of Texas.
13.
This agreement shall be binding upon the parties hereto, their successors and
assigns.
EXECUTED this g\st day of yvk
City
City of Fort Worth
B
Ofge‘ 0246*�I
q Txt�4AY
Asst. City Manager ,,�.,a.,q 000000000 ti
ATTEST:
nm audt,
City Secretary
�
EP13'r LIl�
,2011.
Licensee
Oncor Electric Delivery Company LLC
a Delaware limited liability company
By:
Name
Title:
%
%op ��d
o Opproved As To Form and Legality
Jill L. Alvarez
Attorney -in -Fact
o pi
O 4, 0
OUP 'd
Assistant City Attorney
5
i
t
`�•� ' 1 & (C_C IRE (1))11 RRt ..
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
24 Nave gibe. !Z)40 d 74'4/2-
Texas, on this day personally appeared feAA/ea , known to me to be
the person whose name is subscribed to the foregoing instrument, and acknowledged to
me that he/she executed the same for the purposes and consideration therein expressed, as
the act and deed of the City of Fort Worth, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 0,2oP
2011.
EVONIA DANIELS
MY COMMISSION EXPIRES
July 10, 2013
STATE OF TEXAS
COUNTY OF TARRANT
oari;et
day of
otary Public in
otary Public and for the State of Texas
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared Jill L. Alvarez, known to me to be the person
whose name is subscribed to the foregoing instrument, and acknowledged to me that she
executed the same for the purposes and consideration therein expressed, as the act and
deed of Oncor Electric Delivery Company LLC, and in the capacity therein stated.
GIVEN- DER MY HAND AND SEAL OF OFFICE this
, 2011.
OL
��.1/41ha • Pie ,,�
Pt/ �' : Notary Public, State of Texss
�i,.
•,, i� My Commission Expires
ono ;t December 05, 2014
searittrairn
JENNIFER MEEKER
P
d for the St to of Texas
6
a,
a
-44
�I
AI F
O
y =
_ ''i
r;� �' ' `,.•
: cr.
,
a ..•..÷:
CW
...,. .... ,...,
:-a 2.
^� r
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
20' DRAINAGE AND SANITARY SEWER EASEMENT
VOLUME 8050, PAGE 1113
cv;
7j p� i�p
el; �' J
ti 3
m1 p0 �C� '��
.,I
0;
0
0
i
m
rJ y iG
- z G
a ;n ry
"
•
O! 1.
z, v C.> P^ C0 0
G
tri
N89.30'10"E., 930.92' DEED CALL........._...__.....__..._ ....................._._ - I .....-....,... ..........,.......... � � Y'V
X K t
,- !•
�'' Gj �
0 H.
w !,
w •
CIx
4
to
o
o
o
O
z
iS•
i
rV
r4
c
z
¢
a
to
10' ONCOR EASEMENT
o
o
4F'
H _
CI
E. rop
a ,,,,
w
a
a b4
`"d CITY OF FORT WORTH
R�p� TARRANT COUNTY, TEXAS
VOLUME 8334, PAGE 651
D.R.T.C.T.
1
'-1
0
1-1
it
r><
0 7V
0 0
CO C
PARALLEL TO PROPERTY LINE
0
First Cross -Section af Ca
in igh density
Polyethylene Concutt
Linder grmind
Electronic Yorker
f lowable Fill Arced Conduit
Minirtm 100 PSI
r,.
z
t0
isr
ale
OD
0
01
Lan
1
L
PRLJLCT:Bryant Irvin cable Replacement
LCCATIO\Fort worth. TX
DE5IGNER:Craig L. Robicheaux
DI- : FEB. 2010
SHEET 1
Crislata R
Electric Delivery
.., Bryantlrvin\dgntSheet1.dgn 05/14/2010 2:05:37 PM
i
G Cl
} iI 0 V c: s !nossing Cno
thriiciih Dense
Doi ye eny ono Corn: t
ttbihrW7N, ilsgt&
r-�
[lovable Fill Around Conduit
L i n i GuT1 100 PSI
'Existing Ssrer-
0
0
i
...ye• .•..••• ..• ••1•.•••14
aft-
Underground
�Etectrontc Marker`"
J -
y
7
0
e
- WSW
-47W:S.Sn fa%
0 J ACT :Bryant Irvin Cable Replacement
LOCATIO\Fo WorJh's TX
S I R :crAcig L. Robicneaux
:FEB.DATE
SHEET 2
NCQR
Electric Delivery
.•.\,Bryentirvin\dgn\Sheetl.sign 05/14/2010 2:06:16 PM
•
Seco
tm
Underground
Electronic Marker
c Cross Soct or C
i
[Existing
10" Sews
Tn Tqn Dens?tv
o1yotny!one Condu i t
1 5 F T --. 0 friCa
WiWa*Ts),
0
w
f lovable Fill Around ContJi t
Wining?) 100 PSI
z
Lo
z
RO J _CT: ryant Ir-vin Cable Rep i acement
LccAt I CN, :Fort worth, TX
S I G\Fi Robicheaux
DATH:FEB. 2010
SHEET 3
Electric Delivery
...\Bryantirvin\dgn\Sheetl.dgn 05/14/2010 2:06:42 PM
T
DroFilc View of CrossTn Two
wits �ign 3ons;ty
Folyetnylono Concutt
/*a
i
0
6' qt./
i
11
z
0
•
0
L
isT
1
r
IF
Underground
E I ectroni o Mocker
i
i
am, ea
i
i
Wm.
-I- ----------
1
•
1 I
f
i
0
i
F t omb I e fill Mcund Ccodu i t.
Minitttsn 100 P5f
41.
imitemei
POJECT:Bryant Irvin Cable Replacement
LOCATIO
\:Fort Worth. TX
DES I GIBE
R:cra;g L. Robicheaux
DATE : FEB. 201 0
SHEET 4
Electric Delivery
R
...\Bryantlrvin\dgn\Sheet1.dgn 05/14/2010 2:07:03 PM
1
1
•
[Existing 42" Storm Oroinj
o
`Tl
Lx flns 1 0
4N%
Drain
n Cross�
Beginning of Storm
Groin Extension
9
4'
z
LI
w
RLJECT:Bryanl Irvin Cable Replacement
LDCATION:Fort Worth, TX
JFSIGNE
DAT
R'Craig L. Robicheaux
-:DUNE. 2010
SHEET 5
NCOR
Electric Delivery
.. ABryaritirvin\dgn\Sheetl .dgn 06/22/2010 10:27:46 AM