HomeMy WebLinkAboutContract 42992 (2)District: Benbrook
WR#: 3141455
G L N: 380%19/ 3 57 9 9 5v
ER#: I
LJAS EnfMh'NT ANF) RIGHT OF WAY CITYSECRETARY
CONTRACT NO0 q
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS'
COUNTY OF TARRANT
That CITY OF FORT WORTH, hereinafter called "Grantor," whether one or more, for
and in consideration of Ten and No/100 Dollars ($10.00) and other valuable consideration to
Grantor in hand paid by ONCOR ELECTRIC DELIVERY COMPANY LLC, a Delaware limited
liability company, 1616 Woodall Rodgers Freeway, Dallas, Texas 75202-1234, hereinafter
referred to as "Grantee", has granted, sold and conveyed and by these presents does grant,
sell and convey unto said Grantee, their successors and assigns, an exclusive easement and
right-of-way for overhead and/or underground electric supply to service the Fort Worth
Botanic Garden (the "Facility"), consisting of a variable number of wires and cables,
supporting structures, surface mounted equipment, conduits, and all necessary or desirable
appurtenances over, under, through, across, and upon Grantor's land described as follows:
BEING a 0.1304 acre tract of land situated in the Thomas White Survey, Abstract Number 1536, located in the City of
Fort Worth, Tarrant County, Texas, being part of the tract of land described in deed to the City of Fort Worth, recorded
in Volume 3873, Page 108 of the Deed Records of Tarrant County, Texas, (D.R.T.C.T.), and being part of the tract of
land described in deed to the City of Fort Worth, recorded in Volume 1843, Page 461, D.R.T.C.T., said 0.1304 acre tract
being more particularly described as follows:
COMMENCING at a found 1/2—inch iron rod with cap stamped 'Brittain & Crawford" for the most northerly northeast
corner of a tract of land described in deed as 'Tract One" to Event Facilities, recorded in Document Number
D202035150, D.R.T.C.T.;
THENCE South 00 degrees 11 minutes 23 seconds West, along the common line between said City of Fort Worth tract
and said 'Tract One", a distance of 14.00 feet to the POINT OF BEGINNING;
THENCE South 89 degrees 49 minutes 25 seconds East, departing said common line, a distance of 332.17 feet to a
point for comer;
THENCE North 33 degrees 55 minutes 34 seconds East, a distance of 12.64 feet to a point for corner;
THENCE South 56 degrees 04 minutes 26 seconds East, a distance of 5.00 feet to a point for corner;
THENCE South 33 degrees 55 minutes 34 seconds West, a distance of 15.31 feet to a point for corner,
THENCE North 89 degrees 49 minutes 25 seconds West, a distance of 329.84 feet to a point for comer;
THENCE South 00 degrees 11 minutes 23 seconds West, a distance of 788.70 feet to a point for corner;
THENCE North 89 degrees 52 minutes 13 seconds West, a distance of 5.00 feet to a point for corner, said comer being
the southeast corner of said 'Tract One";
THENCE North 00 degrees 11 minutes 23 seconds East, along the east line of said 'Tract One", a distance of 793.71
feet to the POINT OF BEGINNING and containing 0.1304 acres, or 5,681 square feet of land, more or less.
A map showing the location of the easement is attached hereto as Exhibit "A" and
incorporated herein.
Together with the right of ingress and egress along and upon said easement and right-
of-way and over and across Grantor's adjoining properties for the purpose of and with the
right to construct, maintain, operate, repair, remove, replace, reconstruc:, abandon-ifvplace,
OFFICIAL :
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Page l of 4
and to change the size and capacity of said facilities; the right to relocate said facilities within
the easement area, the right to prevent excavation within the easement area; the right to
prevent construction of, within the easement area, any and all buildings, structures or other
obstructions which, in the sole judgment of Grantee, may endanger or interfere with the
efficiency, safety and/or convenient operation of said facilities and their appurtenances and
the right to trim or remove trees or shrubbery within said easement area, to the extent in the
sole judgment of Grantee, as may be necessary to prevent possible interference with the
operation of said facilities or to remove possible hazard thereto. Grantor shall not make
changes in grade, elevation or contour of the land or impound water within the easement area
as described above without prior written consent of Grantee.
Notwithstanding anything herein to the contrary, Grantee agrees to coordinate with
Grantor's Parks and Community Services Department ("PASCD") prior to the relocation or
removal of said facilities; that Grantee agrees that any removal of trees shall not occur without
prior notification of PASCD; and Grantee agrees prior to the use of any herbicides within the
Fort Worth Botanic Garden to obtain the approval of PACSD.
Grantee's underground facilities shall be installed by boring and any bore established
shall be at a minimum depth of four (4) feet. Grantee shall have full access to the surface of
the easement in order to conduct such boring and installation of Grantee's overhead and
underground facilities, which shall include locating bore pits within the easement. After initial
installation, Grantee shall have the right to access its facilities directly from the surface of the
easement in order to perform necessary maintenance and repair, provided, however, that in
effecting such maintenance and repair, Grantee shall take all reasonable measures to
minimize negative impact to the surface of the easement and the Botanic Garden. Grantor
will provide Grantee access to the overhead and underground Oncorfacilities covered by this
easement.
Grantee shall properly maintain such property during initial construction and
subsequent maintenance and repair, and at the conclusion of any construction maintenance,
or repair, Grantee shall remove all construction debris and other materials from such property
and restore such property to a condition that is at least as good as the condition in which such
property existed immediately prior to the commencement of Grantee's construction,
maintenance, or repair thereon or in proximity thereto.
Grantor shall not be liable to Grantee for any damage to said easement or Grantee's
Facility or other contents thereof, except when caused by the negligence or willful misconduct
of Grantor, its agents, servants or employees. Grantor and Grantee each agree that if any
claim or liability shall arise from the joint or concurring negligence of both parties hereto, it
shall be borne by them in proportion to their negligence. 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 hereto.
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 authorities for the correction prevention
and abatement of nuisances in or upon or connected with said premises because of
Grantee's use thereof.
Page 2 of 4
Grantor reserves the right to use the land within the above described easement area
for purposes not inconsistent with Grantee's use of such property, provided such use shall
not, in the sole judgment of the Grantee, interfere with the exercise by the Grantee of the
rights hereby granted.
TO HAVE AND TO HOLD the above described easement and right-of-way unto the
said Grantee, its successors and assigns, until all of said electric lines shall be abandoned,
and in that event said easement and right-of-way shall cease and all rights herein granted
shall terminate and revert to Grantor or Grantor's heirs, successors or assigns; and Grantor
hereby binds himself, his heirs, successors, assigns, and legal representatives, to warrant
and forever defend the above described easement and right-of-way unto Grantee, its
successors and assigns, against every person whomsoever lawfully claiming or to claim the
same or any part thereof.
EXECUTED this Lit" day of March , A. D. 2012.
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GRANTOR: CITY OF FORT WORTH
SusrrAtanis, Assistant City Manager
APPROVED AS TO FORM AND LEGALITY
B y •
Denis McElroy Assistant City Attorney
CFW Authorization - M&C L-15312
GRANTEE:
Accepted by:
ONCOR ELECTRIC DELIVERY COMPANY LLC
By:
Jill LAfvarez, Attorney -In -Fact
Page 3 of 4
-a-_ -!
OF #Cj L RECO 10
CITY SECRETARY1
STATE OF TEXAS
COUNTY OF TARRANT
ILhOLVV.
. BEFORE ME, the undersigned authority, on this day personally appeared
ftb" u US, , as the Assistant City Manager of CITY OF
FORT WORTH, 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, in the capacity therein stated and he/she is authorized to do
so.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this
VI�1 ojtck\
STATE OF TEXAS
COUNTY OF TARRANT
, A. D. 2012
1 /lY rtJwhn 0,1
Notary Public in and for the State c .. f Texas
I lug
LINDA M. MALINGER
MY CaMMISSION EXPIRES
February 2, 2014
J
a
day of
BEFORE ME, the undersigned authority, on this day personally appeared Jill L.
Alvarez,as the Attorney -in -Fact of ONCOR ELECTRIC DELIVERY COMPANY LLC, 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, in the capacity therein stated and she is authorized to do so.
qs1-4 day of
GIVEN UNDER MY HAND AND SEAL OF OFFICE this
1144)LeAl , A. D. 2012.
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SI'AEON JOHNSON
My Commission Fxpfres
February 12, 2010
Notan/Public in and fathe State of Texas
Page 4 of 4
EXHIBIT A
LOT A, BLOCK 1
EVENT FACILITIES FORT WORTH, INC. TRINITY VALLEY INDUSTRIAL ADDITION
DOCUMENT NUMBER VOLUME 388-98, PAGE 21
P.R.T.C.T.
D208394839
D.R.T.C.T.
POINT OF
BEGINNING
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POINT OF
COMMENCEMENT
FOUND 1/2' IRON ROD
WITH CAP STAMPED
"BRITTAIN & CRAWFORD"
(CONTROWNG MONUMENT)
31 1.64'
14.00' S89'49'25”E
N89 49'25'W
REMAINDER OF LENA EVANS CAWER,
ALBERT D. EVANS, & ETHEL EVANS
VOLUME 326, PAGE 387 D R T C.T.
(THIS AREA IS CURRENTLY IN USE BY THE
CITY OF FORT WORTH BOTANIC GARDENS)
N33'55'34"E_
FOUND 5/8" IRON ROD 12.64'
YATH CAP STAMPED
"DUNAWAY ASSOC. LP"
(CONTROWNG MONUMENT)
332.17'
329.84'
ONCOR ELECTRIC DEUVERY
COMPANY LLC EASEMENT
0.1304 ACRES
(5,681 SQUARE FEET)
CITY OF FORT WORTH
VOLUME 3873, PAGE 108
D.R.T.C.T.
D.R.T.C.T. = Deed Records of Tarrant County, Texas
P.R.T..C.T. = Plot Records of Tarrant County, Texas
NOTE: The bearings shown hereon are based upon the NAD83,
Texas State Plane Coordinates, North Central Zone, 4202.
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550 Easy Avenue • Suite CO • Fort Worth. Tema76107
Tel: B17.325.1121 • Fac 817.335.7437
A metes and bounds description
of even date accompanies this
drawing.
DATE:OCTOBER 21, 2011
S33'55'34"Vi'
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SCALE • 9•= 60'
Page 1 of 3
ONCOR ELECTRIC DELIVERY
COMPANY LLC EASEMENT
01304 ACRES
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
JOB NO. 2010066.003
EXHIBIT A
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—ONCOR ELECTRIC DELIVERY
1 COMPANY LLC EASEMENT
0.1304 ACRES
(5,681 SQUARE FEET)
TI
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N89'52'13"W
5.00'
CITY OF FORT WORTH
VOLUME 3873, PAGE 108
D.R.T.C.T.
CITY OF FORT WORTH
VOLUME 1843, PAGE 461
D.R.T.C.T.
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135
D.R.T.C.T. = Deed Records of Tarrant County, Texas
P.R. T.C.T. = Plot Records of Tarrant County, Texas
NOTE The bearings shown hereon are based upon the NAD83,
Texas State Plane Coordinates, North Central Zone, 4202.
Amfty
550 Baby Avenue • Sutte 400 • Fat Worth, Teams 76107
Tat 817.335.1121 • Fms 8172357437
A metes and bounds description
of even date accompanies this
drawing.
DATE: OCTOBER 21, 2011
•
SCALE • in= 60'
Page 2of3
ONCOR ELECTRIC DELIVERY
COMPANY LLC EASEMENT
01304 ACRES
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
JOB NO. 2010066.003
EXHIBIT A
550 BatayAvenue • &41e 400 • Fat Worth, Texas 76107
1e1:817.335.1121 • Fac 817.3357437
ONCOR ELECTRIC DELIVERY COMPANY LLC EASEMENT DESCRIPTION
BEING a 0.1304 acre tract of land situoted in the Thomas White Survey, Abstract Number 1636, located in the City of
Fort Worth, Tarrant County, Texas, being part of the tract of land described in deed to the City of Fort Worth, recorded
in Volume 3573, Page 108 of the Deed Records of Tarrant County, Texas, (D.R.T.C.T.), and being part of the tract of
land described in deed to the City of Fort Worth, recorded in Volume 1843, Page 461, D.R.T.C.T., said 0.1304 acre tract
being more particularly described as follows:
COMMENCING at a found 1/2—inch iron rod with cop stamped trittain & Crawford" for the most northerly northeast
comer of a tract of land described in deed as 'Tract One" to Event Facilities, recorded in Document Number
D202035150, D.R.T.C.T.;
THENCE South 00 degrees 11 minutes 23 seconds West, along the common line between said City of Fort Worth tract
and said 'Tract One", ❑ distance of 14.00 feet to the POINT OF BEGINNING;
THENCE South 89 degrees 49 minutes 25 seconds East, departing said common line, a distance of 332.17 feet to a
point for comer,
THENCE North 33 degrees 55 minutes 34 seconds East, a distonce of 12.64 feet to a point for corner;
THENCE South 56 degrees 04 minutes 26 seconds East, a distance of 5.00 feet to a point for corner,
THENCE South 33 degrees 55 minutes 34 seconds West, a distance of 15.31 feet to a point for corner,
THENCE North 89 degrees 49 minutes 25 seconds West, a distance of 329.84 feet to a point for comer,
THENCE South 00 degrees 11 minutes 23 seconds West, o distance of 788.70 feet to a point for comer;
THENCE North 89 degrees 52 minutes 13 seconds West, a distance of 5.00 feet to a point for corner, said comer being
the southeast corner of said 'Tract One";
THENCE North 00 degrees 11 minutes 23 seconds East, along the east line of said 'Trott One", a distance of 793.71
feet to the POINT OF BEGINNING and containing 0.1304 acres, or 5,681 square feet of land, more or less.
NOTE The bearings recited herein are based upon the NAD83,
Texas- State Plane Coordinates, North Central Zone, 4202.
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ALAN.,,MOOR
"":,., 55; 7 t ; A drawing of even date
accompanies this metes and
bounds description.
DATE: OCTOBER 21, 2011
Page 3 of 3
ONCOR ELECTRIC DELIVERY
COMPANY LLC EASEMENT
01304 ACRES
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
JOB NO. 2010066.003
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 1/24/2012
DATE: Tuesday, January 24, 2012 REFERENCE NO.: L-15312
LOG NAME: 80BOTANIC GARDEN ONCOR RELOCATION
SUBJECT:
Conduct a Public Hearing and Authorize Use of a Portion of the Fort Worth Botanic Garden for an Electric
Utility Easement and Authorize Conveyance of Easement to Oncor Electric Delivery Company, LLC
(COUNCIL DISTRICT 7)
RECOMMENDATION.
It is recommended that the City Council:
1. Conduct a public hearing under the guidelines set forth by the Texas Parks and Wildlife Code, Chapter
26, Protection of Public Parks and Recreational Lands;
2. Find that no feasible or prudent alternative exists for the use of the Fort Worth Botanic Garden for the
location of the proposed electric easement servicing the Botanic Garden;
3. Find that the proposed Electric Utility Easement includes all reasonable planning to minimize harm to
the parkland and including that all lines and equipment will be constructed in the Fort Worth Botanic
Garden as specified on the attached Exhibits and as noted in the discussion below;
4. Close the public hearing and authorize the use of approximately 0.1304 acres of dedicated parkland at
the Fort Worth Botanic Garden for an Electric Utility Easement; and
5. Authorize conveyance of an Electric Utility Easement to Oncor Electric Delivery Company, LLC, at the
Botanic Garden:
• Fort Worth Botanic Garden - located at 2000 University Drive, Mapsco, 76E and 76J, south of
Harley Street, north of Interstate Highway 30 West, west of University Drive and east of
Montgomery Street; in Council District 7
DISCUSSION:
The purpose of this Mayor and Council Communication (M&C) is to authorize conveyance of an Electric
Utility Easement to Oncor Electric Delivery Company, LLC (OED) at the Fort Worth Botanic Garden for the
purpose of relocating existing electrical lines in connection with the installation of a retaining wall currently
being constructed by Event Facilities Fort Worth, Inc.
The Parks and Community Services Department has been approached by Event Facilities Fort Worth,
Inc., (EFFW) requesting the use of approximately 0.1304 acres of parkland for relocation of Oncor utility
lines within the Fort Worth Botanic Garden (BG) property. The utility line is being relocated in connection
with the construction of the previously authorized retaining wall, which was endorsed by the Parks and
Community Services Advisory Board (PACSAB) on July 27, 2011 and authorized by the City Council on
August 9, 2011 (M&C L-15226).
Logname: 80BOTANIC GARDEN ONCOR RELOCATION Page 1 of 2
The proposed use will allow for the current utility lines to be relocated to the western boundary of the
property, just outside of the Japanese Garden. There will be no interruption of service for the proposed
relocation. The existing lines servicing the BG are overhead lines and the new proposed utilities will be
installed underground.
In accordance with Texas Parks and Wildlife Code, Chapter 26, the City of Fort Worth seeks to use
approximately 0.1304 acres of parkland for the purpose of providing an Electric Utility Easement Attached
for reference are Exhibits showing the proposed site and the method of installation.
On November 16, 2011, the Parks and Community Services Advisory Board endorsed Staffs
recommendation to the City Council to authorize the use of approximately 0 1304 acres of parkland in the
Fort Worth Botanic Garden as proposed.
In accordance with State law, public notice of the hearing was advertised in the Fort Worth Star-Telearam
on December 27, 2011, January 3, 2012, and January 10 2012. An Exhibit map was available for public
review for 30 days at the Parks and Community Services Department's Administrative offices located at
4200 South Freeway, Suite 2200
A letter announcing the proposed use was sent to the president of the Arlington Heights Neighborhood
Association on January 3, 2012. Signage was posted at the site noting the proposed use and providing
instructions for directing comments to the Parks and Community Services Department. During the report
of City Staffs portion of the public hearing Staff will note any public comment received.
The Fort Worth Botanic Garden is located in COUNCIL DISTRICT 7 and serves the entire City.
FISCAL INFORMATION / CERTIFICATION.
The Financial Management Services Director certifies that this action will have no material effect on City
Funds.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
CERTIFICATIONS:
Submitted for City Manager's Office bv:
Oriainatina Department Head:
Additional Information Contact:
Susan Alanis (8180)
Richard Zavala (5704)
David Creek (5744)
ATTACHMENTS
1. MAYOR AND COUNCIL COMMUNICATION aerial.doc (Public)
2. MAYOR AND COUNCIL COMMUNICATION utility doc (Public)
Logname: 80BOTANIC GARDEN ONCOR RELOCATION Page 2 of 2