HomeMy WebLinkAboutContract 39280CITY
R SECRETARYN`e?otn cn-r.
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RIGHT OF ENTRY AGREEMENT
This Right of Entry Agreement ("Agreement") is entered into by and between the City of
Fort Worth, Texas ("City") and the Union Pacific Railroad Company ("UPRR") pursuant to the
terms of the Formal Agreement among the City, UPRR, North Texas Tollway Authority, and
Texas Department of Transportation (the "Parties") executed as of January 8, 2009, and adopted
by the City as City Secretary Contract No. 38136, and as amended thereafter. The term "Project
Partners" as used herein is defined in the Formal Agreement.
The Formal Agreement, as amended, provides that the ultimate interests to be acquired
by the Parties were to have been conveyed on or before a date certain. (Section III.H.5.) Among
the ultimate interests to be conveyed are portions of Parcels 51 and 65 (as numbered for the
Southwest Parkway Project). Attached hereto and made a part hereof as Exhibits "A" and "B"
are descriptions of those portions to be conveyed. They are hereinafter referred to as the
"Portions." The City, having responsibility under the terms of its agreement with North Texas
Tollway Authority and Texas Department of Transportation to acquire Parcels 51 and 65 for the
Southwest Parkway Project, is to convey the ultimate interests as to the Portions to the Texas
Department of Transportation for conveyance to UPRR. Accordingly, in an effort to further the
purposes of the Formal Agreement and for and consideration of the mutual covenants and
conditions set forth herein, City and UPRR agree as follows:
1. This Right -of -Entry Agreement is necessary in order to serve the public purpose
of providing and facilitating and to avoid interruption of rail service during construction of
Southwest Parkway and thereafter, as well as for highway transportation purposes in conjunction
with construction and operation of Southwest Parkway.
2. Parcel 51 is the subject of the condemnation proceeding brought by the City
against Howell Instruments, Inc. ("Howell") in Cause No. 06-42201-2, in the County Court at
Law No 2 of Tarrant County, Texas. Parcel 65 is the subject of the condemnation proceeding
brought by the City against Marcia Lee Anglin Cato, et al ("Cato") in Cause No. 06-44922-2 in
the County Court at Law No. 2 of Tarrant County, Texas. Both proceedings are hereinafter
referred to as the "Condemnations."
3. Both Howell and Cato have appealed the awards of commissioners in the
Condemnations to the County Court at Law, and the City has taken possession of the Parcels by
virtue of the City's compliance with TEx. PROP. CODE § 21.021, but both Howell and Cato
remain the fee simple title owners of record until such time as the County Court at Law signs and
enters judgments awarding fee simple title to the City and those judgments have been upheld in
the event of appeal. Accordingly, the City's right of possession as to both Parcels 51 and 65 is
limited to the interests under the circumstances noted and Texas law with the result that the City
will not possess legal capacity on or before the date of this Right -of -Entry, to convey fee simple
title to the Portions necessary for construction and operation of railroad facilities.
4. In view of the foregoing, City permits UPRR to enter upon the Portions for the
purposes of constructing and operating railroad facilities pursuant to the Formal Agreement.
With regard to Exhibit "A," this Agreement applies only to that portion of the property described
JrvsEcRhrARy tARY
fft WORN TX
in Exhibit 'A" owned in fee title by Howell With regard to Exhibit "B," this Agreement applies
only to that portion of the property described in Exhibit "B" owned in fee title by Cato.
5. This Right -of -Entry Agreement shall commence as of its execution by both the
City and UPRR and shall terminate as of the earliest of (a) the conveyance of fee simple title to
the Portions to UPRR (b) the termination of the Formal Agreement by any party thereto; and (c)
the abandonment of the Portions by UPRR.
6. In the event this Right -of -Entry Agreement is terminated under (b) or (c) in
section 5 above, UPRR shall, at its own cost, remove any railroad track or other improvements
installed by UPRR on the Portions and repair and restore the Portions to their condition as of the
date hereof, piovided that UPRR shall not be required to undo any grading of the Portions or the
redistribution of soils from the Portions over Parcel 51 performed in accordance with the Fifth
Amendment to the Formal Agreement among the Parties of even date herewith (the "Fifth
Amendment").
7. UPRR shall comply with all applicable federal, state, and local laws and
regulations in its exercise of its rights hereunder.
8. UPRR shall not interfere with the Project Partners' use of Parcels 51 and 65
outside of the Portions, except for the deposit of soils thereon as and to the extent provided for in
the Fifth Amendment
9. UPRR AGREES TO INDEMNIFY, DEFEND, AND HOLD THE CITY AND
HOWELL INSTRUMENTS, INC. AND MARY ANGLIN CATO, RICHARD C.
LOUGHRIDGE AND NORMA R. LOUGHRIDGE, HARMLESS FROM ANY AND ALL
CLAIMS, LIABILITY, ACTIONS, CAUSES OF ACTION, OR JUDGMENTS FOR
DAMAGES (INCLUDING DEATH AND, EXCEPT AS LIMITED IN THE FOLLOWING
SENTENCE CLAIMS FOR ENVIRONMENTAL DAMAGE) TO ANY PERSON,
ENTITY AND/OR PROPERTY OF ANY PERSON OR ENTITY (INCLUDING
ATTORNEY'S FEES) TO THE EXTENT (AND IN THE PROPORTION) SUCH
DAMAGES ARE DUE TO OR ARISE FROM THE NEGLIGENCE OF UPRR IN
UPRR'S EXERCISE OF THIS RIGHT OF ENTRY AGREEMENT AND CONDUCT
HEREUNDER AS WELL AS THAT OF ANY LICENSEE, AGENT, EMPLOYEE OR
INVITEE OF UPRR AT THE REQUEST OF OR ON BEHALF OF UPRR GOING UPON
THE PORTIONS DESCRIBED IN EXHIBITS "A" AND "B. ' NOTWITHSTANDING
THE FOREGOING, UPRR SHALL NOT BE REQUIRED TO INDEMNIFY, DEFEND
OR HOLD HARMLESS ANY OF SUCH PARTIES FROM, AND THE FOREGOING
INDEMNITY SHALL NOT APPLY TO, ANY PRE-EXISTING HAZARDOUS OR
TOXIC MATERIALS OR CONTAMINATION UPON OR UNDERNEATH THE
PORTIONS, OR PARCELS 51 AND 65 OUTSIDE OF THE PORTIONS.
Right Of Entry Agreement
CFW & UPRR
Portions of Parcels 51 & 65
Re: SWP
Page 2of4
14818896\V-3
10. Any notice hereunder shall be made in writing to:
City:
Dale Fisseler
City Manager
1000 Throckmorton Street
Fort Worth, Texas 76102
UPRR: 24125 Aldine Westfield Rd.
Spring, Texas 77373
Attention: Ted Haskell
11. Venue of any suit or cause of action under this Agreement shall be in Tarrant
County, Texas.
12. Any dispute between the parties to this Agreement arising out of or relating to this
Agreement, including, without limitation, all rights to receive payments from, or the benefits of
performance by the other party hereto, shall be resolved exclusively as set out in Section III.R.1.
of the Formal Agreement and in the penultimate sentence of Section III.R.2. thereof.
13. The City does not waive or surrender any of its governmental powers and
defenses by execution of this Agreement.
14. This Agreement may be modified only in writing, signed by both parties.
THE CITY OF FORT WORTH, TEXAS
By: 414roseAkm4r4:i(1
Fernando Costa
Assistant City Manager
Dated: deefA.5
Approved as to Form and Legality:
Amy J. Rl. Key,
Assistan CityAttorney
Y
Right Of Entry Agreement
CFW & UPRR
Portions of Parcels 51 & 65
Re: SWP
Hendrix City tary
_annacari a
Contract Auth4rizati.ost
9_,ba
Date
_ --r
OFFIcIALREcoRD I
CITY SECRETAF'
FT. WORTH, TX
Page 3 of 4
148188961V-3
UNION PACIFIC RAILROAD COMPANY
By:
Name:
Title:
Y. PMichael Fiernlncx
Seww vice F'resiueni - Law & Genera
Dated: September
Right Of Entry Agreement
CFW & UPRR
Portions of Parcels 51 & 65
Re: SWP
2009
OE
Page 4 of 4
148188961V-3
EXHIBIT A
Portion of Parcel 51
[follows this page]
Being a 0.740 acre tract of land situated in the T. White Survey, Abstract No. 1636 and the W. B Conner
Survey, Abstract No. 288, City of Fort Worth, Tarrant County, Texas said 0.740 acre tract of land being a
portion of a tract of land described as Tract No. 1 and Tract No. 2 deeded to Howell Instruments, Inc. as
recorded in Volume 8673, Page 2273 of the Deed Records of Tarrant County, Texas, said 0 768 acre tract of
land also being a portion of Lots A and B, Block 1 of the Howco Addition, an addition to the City of Fort
Worth Tarrant County Texas as recorded in Volume 388-110, Page 96 of the Plat Records of Tarrant
County, Texas and deeded to Howell Instruments, Inc. as recorded in Volume 2943, Page 472 and Volume
4333, Page 401 of said Deed Records of Tarrant County, Texas, said 0.768 acre tract of land also being a
portion of Lot 1-A, Block 1 of Brooklyn Heights, an addition to the City of Fort Worth, Tarrant County,
Texas as recorded in Volume 388-64, Page 44 of said Plat Records of Tarrant County, Texas and deeded to
Howell Instruments, Inc. as recorded in Volume 7231 Page 535 of said Deed Records of Tarrant County,
Texas said 0.768 acre tract of land being more particularly described by metes and bounds as follows:
BEGINNING at 5/8 inch iron rod with blue cap set for the west comer of said Tract No. 2, said 5/8 inch
iron rod with blue cap being in the existing southeast right-of-way line of State Highway 121, said 5/8 inch
iron rod with blue cap being in the northwest line of the Union Pacific Railroad Company tract of land as
recorded in Volume 13215, Page 130 of said Deed Records of Tarrant County, Texas, said 5/8 inch iron rod
with blue cap having grid coordinates of N=6,950,005.51 and E=2,316,343.13;
(1) THENCE North 00 degrees 26 minutes 15 seconds East, with the southwest line of said Lot A, with
the northwest line of said Union Pacific Railroad Company tract of land and with the existing
southeast right-of-way line of State Highway 121, a distance of 34 20 feet a R.O.W Marker set in
the proposed right-of-way line of said State Highway 121 and being the beginning of a Control of
Access Line;
(2) THENCE North 67 degrees 03 minutes 36 seconds East, with the proposed southeast right-of-way
line of said State Highway 121 and with said Control of Access Line, a distance of 90.14 feet to a
R.O.W. Marker set for corner;
(3) THENCE North 75 degrees 53 minutes 38 seconds East, with the proposed southeast right-of-way
line of said State Highway 121 and with said Control of Access Line, a distance of 100.12 feet to a
R.O.W. Marker set for corner;
(4) THENCE North 84 degrees 18 minutes 02 seconds East, with the proposed southeast right-of-way
line of said State Highway 121 and with said Control of Access Line, a distance of 104.61 feet to a
R.O.W. Marker set for corner,
(5) THENCE North 72 degrees 17 minutes 00 seconds East, with the proposed southeast right-of-way
Iine of said State Highway 121 and with said Control of Access Line, a distance of 4.24 feet to a
R.O.W. Marker set for corner,
(6) THENCE North 72 degrees 24 minutes 49 seconds East, with the proposed southeast right-of-way
line of said State Highway 121 and with said Control of Access Line, a distance of 15.05 feet to a
R.O.W. Marker set for corner;
GORRONDONA & ASSOCIATES, INC. 6707 BRENTWOOD STAIR ROAD SUITE 50 FORT WORTH, TEXAS 76112 817-496-1424 FAX 817-496-1768
(7) THENCE North 72 degrees 30 minutes 41 seconds East, with the proposed southeast right-of-way
line of said State Highway 121 and with said Control of Access Line, a distance of 15.04 feet to a
R.O.W. marker set for corner;
(8) THENCE North 72 degrees 34 minutes 35 seconds East, with the proposed southeast right-of-way
line of said State Highway 121 and with said Control of Access Line, a distance of 15.02 feet to a
R.O.W. Marker set for corner,
(9) THENCE North 72 degrees 36 minutes 32 seconds East, with the proposed southeast right-of-way
line of said State Highway 121 and with said Control of Access Line, a distance of 15.01 feet to a
R.O.W. Marker set for corner,
(10) THENCE North 72 degrees 36 minutes 52 seconds East, with the proposed southeast right-of-way
line of said State Highway 121 and with said Control of Access Line, a distance of 208.80 feet to a
R.O.W. Marker set for the beginning of a non -tangent curve to the left having a radius of 4099.99
feet a central angle of 01 degrees 51 minutes 14 seconds and whose radius bears a radial bearing of
North 16 degrees 06 minutes 22 seconds West;
(11) THENCE with said non -tangent curve to the left, with the proposed southeast right-of-way line of
said State Highway 121 and with said Control of Access Line, an arc length of 129.76 feet to a point
for corner in the east line of said Tract No. 1, said point being in the west line of a tract of land
known as west remainder of a tract of land described as Tract No. 2 as deeded to Charlie Hillard
Inc. and recorded in Document No. 147086 of said Deed Records of Tarrant County, Texas;
(12) THENCE South 00 degrees 14 minutes 15 seconds West, with the east line of said Tract No. 1 and
with the west line of said Tract No. 2, a distance of 15.23 feet to a 5/8 inch iron rod with blue cap
set for the southeast corner of said Tract No. 1, said point being the southwest corner of said Tract
No. 2, said 5/8 inch iron rod with blue cap being the southwest corner of a tract of land described as
Tract Two deeded to Charlie Hillard, Inc. as recorded in County Clerk's Document No 147086 of
said Deed Records of Tarrant County, Texas, said 5/8 Inch iron rod with cap stamped
"GORRONDONA" being in the north line of said Union Pacific Railroad Company tract of land;
(13) THENCE South 67 degrees 33 minutes 17 seconds West, with the southeast line of said Tract No.
1, with the existing southeast right-of-way line of said State Highway 121, and with the north line of
said Union Pacific Railroad tract of land, a distance of 86.46 feet to a 5/8 inch iron rod with blue
cap set for corner in the south line of said Lot B said 5/8 inch iron rod being in the northwest line of
said Lot B;
(14) THENCE South 67 degrees 36 minutes 20 seconds West, with the southeast line of said Lot A, with
the existing southeast right-of-way line of said State Highway 121 and with the north line of said
Union Pacific Railroad tract of land a distance of 305 89 feet to a R.O.W. Marker found for corner
in the south line of said Lot A, said R.O W. Marker being the east corner of said Tract No. 2;
GORRONDONA & ASSOCIATES, INC. 6707 BRENTWOOD STAIR ROAD SUITE 50 FORT WORTH, TEXAS 76112 817-496-1424 FAX 817-496-1768
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(15) THENCE South 74 degrees 05 minutes 32 seconds West, with the southeast line of said Lot A, with
the existing southeast right-of-way line of said State Highway 121 and with the north line of said
Union Pacific Railroad tract of land, a distance of 305.72 feet to a R.O.W. Marker found for corner;
(16) THENCE North 26 degrees 34 minutes 46 seconds East with the west line of said Tract No. 2,
with said existing southeast right-of-way line of State Highway 121 and with the north line of said
Union Pacific Railroad tract of land, a distance of 27.64 feet to the POINT OF BEGINNING, and
containing 32,237 square feet or 0.740 acres of land, more or less.
Notes:
(1) A plat of even survey date herewith accompanies this legal description.
(2) All bearings are referenced to the project control for State Highway 121. All bearings and
distances are surface.
(3) All coordinates are grid coordinates, based on the Texas Coordinate System, NAD-83,
North Central Zone, utilizing a TxDoT Surface Factor of 1.00012 for this project.
(4) Right -of -Way Markers are 5/8 inch iron rods with blue caps stamped "Gorrondona & Assoc
Inc Fort Worth Texas", unless otherwise noted.
(5) Access is prohibited across the "Control of Access Line" to the transportation facility from
the adjacent property.
I HEREBY CERTIFY TO THE NORTH TEXAS TOLLWAY AUTHORITY THAT THIS SURVEY
PREPARED BY ME WAS ACTUALLY MADE UPON THE GROUND AND THAT IT AND THE
INFORMATION, COURSES, AND DISTANCES SHOWN THEREON ARE CORRECT AND THAT
THE TITLE LINES AND LINES OF ACTUAL POSSESSION ARE THE SAME.
SURVEYED ON THE GROUND AUGUST 15, 2002
Richard Kennedy
Registered Professional Land Su
No. 5527
Date: June 3, 2009
GORRONDONA & ASSOCIATES, INC. 6707 BRENTWOOD STAIR ROAD SUITE 50 FORT WORTH, TEXAS 76112 817-496-1424 FAX 817-496-1768
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UNION PACIFIC RAILROAD CO.
AREA: 0.740 AC.
JUNE 3, 2009
PAGE 4 OF 5 PAGES
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RICHARD KENNEDY, RPLS No.
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PROPOSED
RIGHT-OF-WAY
"C OF A"
SET '0
MARKER
20$.
80
CURVE
C-1 j
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REMAINDER OF BLOCK 1
BROOKLYN HEIGHTS
VOLUME 63, PAGE 13
P.R.T.C.T.
2 j
13)�
S00'14'15"W1%
6,r.t.s 1, 15.23'
S 86 4 % SET 5/8" BLUE CAP
SET 5/8" BLUE CAP
CURVE TABLE
RADIUS I DELTA I ARC
4009.99' 101'51'14" 129.76'
LEGEND
PROPOSED R.O.W. UNE
PROPERTY UNE
SURVEY UNE 1= ;<
EXIST. EASEMENT UNE
CNTL OF ACCESS UNE
("C OF A") III IfI
PARCEL NUMBER
RECONSTRUeItU CORNER RCC
SURVEYED ON THE GROUND AUGUST 15, 2002
RICHARD KENNEDY, RPLS No. 5527
GORRONDONA & ASSOCIATES, INC. • 6707 BRENTWOOD STAIR ROAD, SUITE 50
LINE
L-1
L-2
L-3
L-4
L-5
L-6
L-7
LINE TABLE
BEARING
IV 00'26' 15"E
N 72'17'00"E
N 72'24'49"E
N 72'30.41 "E
N 72'34'35"E
N 72'36'32"E
N 26'34'46"W
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DISTANCE
34.20'
4.24'
15.05'
15.04'
15.02'
15.01'
27.64'
1@I
60 30 0 60
SCALE IN FEET
PAGE 5 OF 5 PAGES
FORT WORTH, TX. • PH. 817/496-1424 FAX 817/496-1768
NOTES:
(1) A LEGAL DESCRIPTION OF EVEN SURVEY DATE HEREWITH
ACCOMPANIES THIS PLAT.
T. WHITE SURVEY
ABSTRACT NO. 1636
W. B. CONNER SURVEY
ABSTRACT NO. 288
(2) BEARINGS ARE REFERENCED TO THE PROJECT CONTROL FOR
STATE HIGHWAY 121. BEARINGS AND DISTANCES SHOWN ARE
SURFACE.
(3) THE COORDINATES SHOWN ARE GRID COORDINATES, BASED ON
THE TEXAS COORDINATE SYSTEM, NAD-83, NORTH CENTRAL
ZONE, UTIUZING A TXDOT SURFACE FACTOR OF 1.00012 FOR
THIS PROJECT
(4) RIGHT-OF-WAY MARKERS ARE 5/8" IRON RODS WITH BLUE
CAPS STAMPED "GORRONDONA & ASSOC INC FORT WORTH
TEXAS", UNI FSS NOTED OTHERWISE.
(5) ACCESS IS PROHIBITED ACROSS THE 'CONTROL OF ACCESS
UNE' TO THE TRANSPORTATION FACILITY FROM THE ADJACENT
PROPERTY.
UNION PACIFIC RAILROAD CO.
AREA: 0.740 AC.
JUNE 3, 2009 SCALE 1" 60'
EXHIBIT B
Portion of Parcel 65
[follows this page]
Tract 09-10 Pt8
ROW CSJ: 0504-02-018
Date: May 18, 2009
Exhibit A, Page 1 of 3 Pages
Being a 0.379 acre tract of land situated in the W.B. Conner Survey, Abstract No. 288, City of Fort
Worth, Tarrant County, Texas, said 0.379 acre tract of land being a portion of Lot 1-R, Block 2-R
of Factory Place Addition, an addition to the City of Fort Worth Tarrant County, Texas as
recorded in Volume 388-167, Page 59 of the Plat Records of Tarrant County, Texas, said Lot 1-R
being deeded by Marcia Lee Anglin Cato, Independent Executrix to Marcia Lee Anglin Cato by
Deed dated May 13, 1997 and recorded in Volume 12766, Page 549 of the Deed Records of
Tarrant County, Texas, and being a portion of Lot 1, Block 2-R of Factory Place Addition, an
addition to the City of Fort Worth, Tarrant County, Texas as recorded in Volume 388-42, Page 42
of said Plat Records of Tarrant County, Texas, said Lot 1 being deeded to Ada M. Carr as recorded
in Volume 16704, Page 110 of said Deed Records of Tarrant County, Texas, said 0.379 acre tract
of land being more particularly described by metes and bounds as follows:
BEGINNING at a 5/8 inch iron rod with blue cap set for the south corner of said Lot 1-R, said 5/8
inch iron rod with blue cap being in the existing south right-of-way line of State Highway 121, said
5/8 inch iron rod with blue cap also being in the northwest line of a tract of land deeded to Union
Pacific Railroad Company as recorded in Volume 13215, Page 130 of said Deed Records of
Tarrant County, Texas, said 5/8 inch iron rod with blue cap having grid coordinates of
N-6,948,825 21 and E=2,314,106.19, said R.O.W. Marker being 166.93 feet left of and at right
angles to centerline station 440+48.53 of the proposed centerline of State Highway 121;
(1) THENCE North 34 degrees 37 minutes 43 seconds West, with the southwest line of said
Lot 1-R, with the north line of said Union Pacific Railroad Company tract of land and with
the existing southeast right-of-way line of said State Highway 121, a distance of 45.08 feet
to a R.Q.W. Marker set for corner in the proposed right-of-way line of said State Highway
121, said R.O.W. Marker being the beginning of a Control of Access Line, said R.O.W.
Marker being 121.86 feet left of and at right angles to centerline station 440+49.67 of the
proposed centerline of State Highway 121;
(2) THENCE North 58 degrees 46 minutes 17 seconds East, with the proposed southeast right-
of-way line of said State Highway 121 and with said Control of Access Line, a distance of
353.26 feet to a R.O.W. Marker set for corner in the northeast line of said Lot 1-R and the
southwest line of said Lot 1;
(3) THENCE South 65 degrees 02 minutes 46 seconds East, with the proposed southeast right-
of-way line of said State Highway 121 and with said Control of Access Line, a distance of
54.16 feet to a R.O W. Marker set for the most easterly south corner of said Lot 1, said
R.O.W. Marker being the intersection of the proposed southeast right-of-way line of said
State Highway 121 with the existing southeast right-of-way line of said State Highway 121,
said R.O.W. Marker also being in the northwest line of said Union Pacific Railroad
Company tract of land, said R.O.W. Marker being the end of said Control of Access line;
OORRONDONA & ASSOCIATES, INC. 6707 BRENTWOOD STAIR ROAD SUITE 50 FORT WORTH, TEXAS 76112 817-496-1424 FAX 817-496-1768
Tract 09-10 Pt8
ROW CSJ: 0504-02-018
Date: May 18, 2009
Exhibit A, Page 2 of 3 Pages
(4) THENCE South 58 degrees 46 minutes 17 seconds West, with the existing southeast right-
of-way line of said State Highway 121, with the southeast line of said Lot 1 and with the
northwest line of said Union Pacific Railroad Company tract of land, passing at a distance
of 28.05 feet a 1/2 inch iron rod found for the south comer of said Lot 1, said 1/2 inch iron
rod being the east corner of said Lot 1-R, in all, a distance of 380.73 feet to the POINT OF
BEGINNING, and containing 16,515 square feet or 0.379 acres of land, more or less.
Notes:
(1) A plat of even survey date herewith accompanies this legal description.
(2) All bearings are referenced to the project control for State Highway 121. All
bearings and distances are surface.
(3) All coordinates are grid coordinates, based on the Texas Coordinate System, NAD-
83, North Central Zone, utilizing a TxDot Surface Factor of 1.00012 for this project.
(4) Right -of -Way Markers are 5/8 inch iron rods with blue caps stamped "Gorrondona
& Assoc Inc Fort Worth Texas", unless otherwise noted.
(5) Access is prohibited across the "Control of Access Line" to the transportation
facility from the adjacent property.
I HEREBY CERTIFY TO THE NORTH TEXAS TOLLWAY AUTHORITY THAT THIS
SURVEY PREPARED BY ME WAS ACTUALLY MADE UPON THE GROUND AND THAT
IT AND THE INFORMATION, COURSES, AND DISTANCES SHOWN THEREON ARE
CORRECT AND THAT THE TITLE LINES AND LINES OF ACTUAL POSSESSION ARE
THE SAME
SURVEYED ON THE GROUND April 25, 2005
ebY
Richard Kennedy
Registered Professional Land S
No. 5527
GORKONDONA & ASSOCIATES, INC. 6707 BRENTWOOD STAIR ROAD SUITE 50 FORT WORTH, TEXAS 76112 817-496-1424 FAX 817-496-1768
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LEGEND
PROPOSED R.O.W. LINE
PROPERTY UNE
SURVEY UNE t e
EXIST EASEMENT UNE — -
CNTL OF ACCESS LINE ill I'I
('C OF A')
PARCEL NUMBER
RECONSTRUCTED CORNER RCC
SURVEYED ON THE GROUND AUGUST 15, 2002
RICHARD KENNEDY, RPLS No, 5527
GORRONDONA & ASSOCIATES. INC. X 6707 BRENIYYOOI3
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N=6.948,825.21
E=2,31 4,1 06.1 9
166.93' LT.
440+48.53
STAIR ROAD. SUITE 50
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NOTES:
(1) A LEGAL DESCRIPTION OF EVEN SURVEY DATE HEREWITH
ACCOMPANIES THIS PLAT.
UNION PACIFIC
RAILROAD COMPANY
VOLUME 13215, PAGE 130
D.R.T.C.T.
(2) BEARINGS ARE REFERENCED TO THE PROJECT CONTROL FOR
STATE HIGHWAY 121. BEARINGS AND DISTANCES SHOWN ARE
SURFACE.
(3) THE COORDINATES SHOWN ARE GRID COORDINATES, BASED ON
THE TEXAS COORDINATE SYSTEM, NAD-83, NORTH CENTRAL
ZONE, UTIUZING A TXDOT SURFACE FACTOR OF 1.00012 FOR
THIS PROJECT
(4) RIGHT-OF-WAY MARKERS ARE 5/8' IRON RODS WITH BLUE
CAPS STAMPED "GORRONDONA & ASSOC INC FORT WORTH
TEXAS", UNLESS NOTED OTHERWISE.
(5) ACCESS IS PROHIBITED ACROSS THE 'CONTROL OF ACCESS
LINE" TO THE TRANSPORTATION FACIUTY FROM THE AOJACENT
PROPERTY.
60 30 0 60
SCALE IN FEET
PAGE 3 OF 3 PAGES
FORT WORTH, TX. X PH. 817/496-1424 FAX 817/496-1766
NORTH TEXAS TOLLWAY AUTHORITY
SOUTHWEST PARKWAY (SH121 T)
RIGHT-OF-WAY PLAT
TRACT 09-10 PTB ! AREA: 0.379 AC.
OWNERS: MARCIA LEE ANGUN CATO & ADA M. CARR
MAY 18, 2009 { SCALE: 1" = 60'
ITY COUNCIL AGENDA
SINOP
COUNCIL ACTION: Approved on 9/22/2009
Official site of the City of Fort Worth, Texas
FORT \VORTH
DATE* 9/22/2009 REFERENCE
NO.:
CODE:
SUBJECT:
C TYPE:
**C-23781
LOG NAME*
PUBLIC
HEARING
Authorize Amendment No. 5 to City Secretary Contract No. 38136, a Formal Agreement
Associated with the Southwest Parkway Project, Between the North Texas Tollway
Authority, the Texas Department of Transportation and the Union Pacific Railroad
Company; Authorize Related Easements, Encroachment, Reimbursement, Community
Facility, Construction Coordination, Access and Maintenance, Temporary Permit,
Highway Overpass Easement and Right of Entry Agreements; Authorize Amendment No.
1 to a Drainage and Waterway Agreement and Authorize Deeds
02SWP AMEND5 UPRR
FORMAL AGREEMENT
RECOMMENDATION:
It is recommended that the City Council:
CONSENT
NO
1. Authorize the City Manager to execute the following documents associated with the Southwest Parkway
project:
a. Encroachment Agreement with Union Pacific Railroad Company and waive administrative fees
related thereto;
b. Community Facilities Agreement with Union Pacific Railroad Company and waive administrative
(not materials testing or inspection) fees related thereto;
c Easements from the Union Pacific Railroad Company to the City of Fort Worth for water and sewer
pipelines at no cost with the Union Pacific Railroad Company responsible for cost of future relocations it
requests, if any;
d. Reimbursement Agreement with Union Pacific Railroad Company in an amount up to $100,000.00
for the design and construction costs related to the Trinity River East Bank Maintenance Road;
e. Construction Coordination Agreement setting forth Union Pacific Railroad Company, the North
Texas Tollway Authority and City of Fort Worth construction coordination procedures;
f. Temporary Permit Agreements for construction activities of Union Pacific Railroad Company the
City of Fort Worth and the North Texas Tollway Authority on property not owned by the constructing party;
g. Right -of -Entry Agreements for construction activities by Union Pacific Railroad Company on
property the City of Fort Worth has the right to possess but has not yet obtained fee ownership;
h. Highway Overpass Easement Agreement for the new Hulen Street Bridge to be constructed on and
over Union Pacific Railroad Company property;
i. Access and Maintenance Agreement for access and maintenance for the Hulen Street Bridge and
water and sewer utilities constructed by the City of Fort Worth on Union Pacific Railroad Company property;
j Amendment No. 1 to a Drainage and Waterway Agreement with Union Pacific Railroad Company to
provide that Union Pacific Railroad Company will make necessary modifications to City drainage facilities at
the Union Pacific Railroad Company's sole cost and expense and that City of Fort Worth will maintain said
facilities at City's sole cost and expense;
k. Amendment No. 5 to City Secretary Contract No. 38136, a Formal Agreement with the North Texas
Toliway Authority, Union Pacific Railroad Company and the Texas Department of Transportation to, among
other things, establish funding sources, remove the parties' termination rights and authorize mutually
agreeable property right conveyances;
2. Authorize conveyance in accordance with Amendment No. 5, of:
a. Portions of parcels 51, 61 and 65 shown as 09-10 PT6 and PT8 (shown on the attached) to the
Texas Department of Transportation, provided that the City of Fort Worth obtains fee ownership of the
parcels;
b. Parcels 51, Save and Except 09-10 PT6, provided the City obtains fee ownership of parcel 51, 53-
PT1, 53-PT2, 55, 56-PT1, 56-PT2, 59, 60, 61, 62-PT1, 62-PT2, 65 Save and Except 09-10 PT8, provided
the City obtains fee ownership of parcel 65 and 66 - 89, shown on the attached, to the North Texas Toliway
Authority; and
3 Direct staff to reserve $500,000.00 from Bond Funds Transfer SWP00015 for environmental remediation
on City -owned property that will be encumbered in a future council action.
DISCUSSION:
The 2004 Capital Improvement Program included funds for the Southwest Parkway 121T project.
Subsequent funding was included in the 2007 Critical Capital Program.
On January 6, 2009, (M&C C-23268) City Council approved a Formal Agreement with the North Texas
Toliway Authority (NTTA) the Texas Department of Transportation (TxDOT) and Union Pacific Railroad
Company (UPRR) to facilitate construction and operation of the Southwest Parkway across the Davidson
Rail Yard (City Secretary Contract No. 38136) (City, NTTA and TxDOT are sometimes referred to as the
'Project Partners"). Subsequently the Formal Agreement was amended four times to extend certain
termination dates associated with conditions precedent. During that time, staff has been working to satisfy
all conditions and negotiate all related agreements, encroachments, easements, permits and property
interests necessary for the execution of the final agreement between the Project Partners and UPRR.
Encroachment Agreement
Under the Formal Agreement, UPRR is required to obtain necessary easements or encroachments onto
and over City -owned property for construction, operation and maintenance of the related UPRR rail
improvements. Staff has reviewed and approved the construction plans submitted by UPRR for the crossing
of four City streets (Rogers Road, University Drive, Old University Drive and Forest Park Boulevard) and
the proposed encroachments have been reviewed and approved by the committee. City Council approval is
required to grant encroachments into City owned right-of-way and waiver of the related $600 00
administrative fee.
Community Facilities Agreement
The Community Facilities Agreement (CFA) covers infrastructure work in City right-of-way that UPRR is
required to perform in connection with its above described construction activities. There is no City
participation in the CFA, but Council authorization is requested for the waiver of administrative fees
associated with the CFA. The waiver does not include the materials testing and inspection fees, only the
$500.00 staff administration fee.
Water and Sanitary Sewer Easements
Construction of the project requires the Water Department s relocation, at City cost and expense, of large
water and sanitary sewer lines. Typically, UPRR only grants licenses for utility lines and those licenses
require relocation at City expense. However, in this case permanent easements have been negotiated for
lines being relocated The easements will be provided at no cost to the City and any future relocation
requested by UPRR will be at UPRR's sole cost and expense.
Trinity River East Bank Maintenance Road
The City Council appointed a 15 member Citizen's Advisory Group to develop a Corridor Master Plan for
the Southwest Parkway. In developing the Corridor Master Plan, the Citizens Advisory Group identified the
need to access the east bank of the Trinity River for maintenance and recreation. Staff has negotiated for
the UPRR to cause the design and construction of a 10 foot wide maintenance road across the entire
UPRR rail corridor as part of UPRR's project design and construction agreements. Under the proposed
Reimbursement Agreement, the City will reimburse UPRR those design and construction costs in an
amount up to $100,000.00.
Amendment No. 5
Due to the complex nature of the Formal Agreement, the May 19, 2009, deadline was extended four times
by Amendment Nos. 1 through 4 to September 23, 2009. The Formal Agreement contains termination
provisions to be satisfied by a date certain. The termination events and current status are listed below:
1. The Hump Lead is not successfully tested:
Current Status: The Hump Lead has been successfully tested and accepted by UPRR.
2. The plans and coexistences are not approved:
Current Status: The parties are satisfied that the coexistence issues have been resolved.
3. Sufficient funds have not been officially appropriated and budgeted or are otherwise unavailable through
other legal and dependable means to satisfy a project partner's obligations:
Current Status: NTTA is accepting the approximated $95 million obligation associated with the Formal
Agreement TxDOT and NTTA will execute the necessary funding agreements including a $49 870,000 toll
equity grant which will defray roughly half of NTTA's financial commitment. The City will have no funding
obligations under this item.
4. The necessary property rights or licenses have not been delivered:
Current Status: The necessary property rights and/or licenses have been identified to the satisfaction
of the parties. The actual conveyances will be completed at a future date.
5. UPRR determines it will not obtain the required Permits as defined by the Formal Agreement under
reasonably acceptable terms and conditions proximately related to the work in question prior to January 1,
2010:
Current Status: The Permits as defined by the Formal Agreement and Attachment 10 thereto will be
revised in Amendment No. 5 to remove Fort Worth and Western Railroad's crossing approval. With that
deletion, UPRR is satisfied it will obtain the Permits prior to January 1, 2010.
6. The Project Partners reasonably determine UPRR is unlikely to obtain its required permits prior to
January 1, 2010:
Current Status: The Project Partners are satisfied that UPRR will obtain the Permits as revised by
Amendment No. 5 prior to January 1 2010.
7. A party reasonably determines on the basis of the environmental due diligence investigation conducted
pursuant to the Formal Agreement that the results of said investigations are unsatisfactory with respect to
property that party is to receive or convey:
Current Status: All Parties are satisfied as to their respective obligations in regards to environmental
due diligence. The City will be required to remediate a portion of Parcel 51 (Howell Instruments) at its sole
cost pursuant to Amendment No. 5. This portion of property will be conveyed to TxDOT and a then there
will be a separate conveyance from TxDOT to the UPRR to allow for rail use Remediation costs are
estimated to not exceed $500,000.00 Environmental Management is presently advertising invitations to bid
for performance of the work needed for this effort.
City Council approval of the above recommendations will ensure the Project Partners rights to complete
construction of the Southwest Parkway and the new Hulen Street Bridge over the Davidson Yard
The project is located in COUNCIL DISTRICTS 3, 6 and 9.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current capital budget,
as appropriated, of the 2007 Critical Capital Projects Fund.
TO Fund/Account/Centers
FROM Fund/Account/Centers
C295 539120 303210000570 $500.000.00
C295 539120 303210000580 $100.000.00
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Deoartment Head: Randle Harwood (6101)
Additional Information Contact: Bryan Beck (7909)
ATTACHMENTS
PROPERTY MAPS.pdf