HomeMy WebLinkAboutContract 41683 (2)_ A N SECRETARY
CON' r CT a
STATE OF
IKXAS
COUNTY OF TARRANT
KNOW ALL MEN BY THESE PRESENTS
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 Barnett Gathering, L.P.,
("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:
Subject to the terms of this Agreement, GRANTOR hereby grants and conveys to
the GRANTEE a Temporary ingress and Egress (the "Access") onto Highland
Hills ("The 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 Access shall be for thirty (30) days upon the execution of this
Agreement.
3. The Access shall only be used for the purpose of ingress and egress and
surveying to be located on a portion of the 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 equipment and
employees or contractors. The Access 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.
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.
OFFICIAL RECORD
CITY SECRETARY
Ft WORTH, TX
7. The Access is not assignable by the GRANTEE without the prior written consent
of GRANTOR, which shall not be unreasonably withheld.
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 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 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
u nderstood 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
n o 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,
resulting from, or in any way connected with, the grant of the access, whether or
n ot caused, in part, by the negliaence of officers, aaents or employees, of the
GRANTOR; provided however, that the Grantee shall have no liability or
o bligation 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 access 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 access herein granted; and GRANTOR
does hereby bind itself and its successor and assigns to warrant and forever defend all and
singular the access unto GRANTEE, its successor and assigns, against every person
whomsoever lawfully claiming or to claim the same, or any part thereof.
When the context requires, singular nouns and pronouns include the plural.
GRANTEE: BARNETT GATHERING, L.P.
Edwin S. Ryan, Jr., AttorneycinTact
Assistant City Attorney
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OFFICIAL RECORD
CITY SECRETARY
FT, WORTH, TX
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GRANTOR: City of Fort Worth
tut Alanis, Assistant City Manager
APPROVED AS TO FORM AND LEGALITY
Attested by:
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ACKNOWLEDGEMENT
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 Edwin S. Ryan, Jr., known to me to be the same
person whose name is subscribed to the foregoing instrument, and acknowledged to me
that he executed the same as the act of said Barnett Gathering, L.P., for the purposes
and consideration therein expressed and in the capacity therein stated.
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GIVEN UNDER MY HAND AND SEAL OF OFFICE this
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CAMERON COOK
Notary Public, State of Texas
My Commission Expires
November 05, 2012
i(+h
day of March, 2011.
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Notary Public in and for the State of Texas
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 she 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 MY HAND AND SEAL OF OFFICE this 1 day of March 2011.
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LINDA M. HIRRLINGER
MY COMMISSION EXPIRES
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ALL. pA osminr
Notary Public in and for the State of Texas
Exhibit A
5810 OAK GROVE RD
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