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HomeMy WebLinkAboutContract 44964 (2)Acct No.: 9004 Tract No.: T-79 REIMBURSEMENT AGREEMENT CITY SECRETARY CONTRACT NO. THIS AGREEMENT, made and entered into as of the day of Dr \OW i , 2013 , by and between ENERGY TRANSFER FUEL LP, with principal offices at 1300 Main Street, Houston, Texas 77002 (hereinafter referred to as "ETFF"), and The City of Fort Worth (hereinafter referred to as " THE CITY') whose mailing address is 1000 Throckmorton St., Fort Worth, Texas 76102. WITNESSETH THAT: WHEREAS, ETF was granted a pipeline right-of-way agreement and easement for a natural gas pipeline by Richard M. Oliver on March 18th, 1960, which pipeline was installed and is extending under and across the residue of a called and being tract of land: "As described on Attached Exhibit "A" Easement WHEREAS, THE CITY is in the process of expanding Old Decatur Road through the Premises (hereinafter referred to as "Road"), which affects ETF's present 20-inch pipeline encased in 24-inch casing pipe (hereinafter- referred to as "Facilities") within a portion of said premises; and WHEREAS, the proposed Road will interfere with the present location of ETF's existing Facilities; and WHEREAS, THE CITY has requested that ETF extend the casing] on its existing Facilities to provide for the Road and enter into an agreement with THE CITY providing for such [extension] and for the reimbursement to ETF of the expense ETF incurs in accommodating THE CITY's requested [extension] of said Facilities; NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements hereinafter set forth, it is agreed by and between the parties hereto as follows: 1. Prior to implementing PHASE II of this Reimbursement Agreement for the reimbursement of all reasonable costs that ETF incurs in the actual [extension] of its Facilities as made necessary by THE CITY, which affects ETF's present Facilities within a portion of said Premises, it will be necessary for ETF to do certain survey, engineering, right of way and surface site procurement to determine the components to be covered by PHASE II of this Reimbursement Agreement. Accordingly, THE CITY and ETF have agreed to implement PHASE I of this Reimbursement Agreement to cover the payment by THE CITY of all reasonable costs and expenses to be incurred by ETF in causing a survey of the area and Facilities to be affected by THE CITY's request, in having engineering plans prepared for the design and installation of the requested [extension] of the Facilities and in procuring rights from owners of the property affected for any necessary surface sites and right of ways. CFW-ETF Reimb Agrmt Old Decatur Rd. FFICDAL I ECOR ©0TY $ ©REc' RV rn' W h9 �J 1 RECEIVED OCT .7 2os3 2. THE CITY shall pay to ETF 100% of ETF's actual costs and expenses incurred in connection with the preliminary survey design, right of way and surface site acquisition contemplated by PHASE I of this Reimbursement Agreement. 3. The cost of the preliminary survey, design and right-of-way acquisition prior to implementing PHASE II of this Reimbursement Agreement is estimated to be Twenty Thousand Nine Hundred and Eighty Seven dollars and no cents ($20,987.00), which amount shall be paid to ETF simultaneously with the execution of this Reimbursement Agreement. It is understood that this estimate in no way constitutes any limitation upon CITY's reimbursement as provided in Paragraph 2 above. It is agreed between the parties that the reimbursement herein provided shall not exceed the actual costs of labor, survey and engineering costs, right of way and surface site costs incurred by ETF in accomplishing the preliminary work contemplated by PHASE I of this Reimbursement Agreement. A detail of all costs shall be provided by ETF within 90 days after the completion of the work contemplated by PHASE I of this Reimbursement Agreement. Any adjustment between the actual cost of such preliminary work and the amount previously paid pursuant to the first sentence of this paragraph shall be made by the responsible party within thirty (30) days after ETF's submittal of the detail of costs. 4. Thereafter, when THE CITY is ready for ETF to [extend] its Facilities, THE CITY shall implement PHASE II of this Reimbursement Agreement by providing at least 90 days prior written notice to ETF of the day that THE CITY wishes ETF to commence the [extension) of the Facilities and prepaying to ETF the estimated reasonable amount determined pursuant to PHASE I hereof and provided to THE CITY within 30 days of the date finally determined by ETF or its consultants. It is understood that such estimate in no way constitutes any limitation upon THE CITY s reimbursement under this PHASE II, however, THE CITY reserves the right to review the estimated charges for PHASE II prior to making any payment therefor. It is agreed between the parties that the reimbursement herein provided shall not exceed the actual costs of materials, labor, contractor charges, supplemental survey and engineering costs verified gas loss and other reasonable expenses incurred by ETF in accomplishing the [extension] work contemplated by PHASE II of this Reimbursement Agreement. A detail of all costs shall be provided by ETF within 180 days after the completion of the work contemplated by PHASE II of this Reimbuisement Agreement. Any adjustment between the actual cost of such work and the amount previously paid pursuant to the first sentence of this paragraph shall also be made within thirty (30) days after ETF's submittal of the detail of costs. 5. ETF and THE CITY agree that any future adjustments to or modifications of ETF's Facilities, which may in the future be required by THE CITY will be made by ETF, provided that THE CITY shall prepay to ETF 100% of ETF s reasonable estimate of the actual costs to be incurred in such further modification or adjustment, and provided that ETF is able to obtain all necessary governmental approval and easement rights in a form and content acceptable to ETF for such adjustment or relocation. Any adjustment between the actual costs incurred in future construction arising from or as a result of damage to ETF s Facilities caused by THE CITY shall also be made within thirty (30) days after ETF's submittal of the detail of costs. All references in this AGREEMENT herein to payments within thirty (30) days are subject to applicable state law and city policies governing administrative approval thereof, and as such, may be made later than thirty (30) days as the case may be 6. THE CITY shall grant, to the extent that it has the right to do so and at no expense to ETF, any necessary temporary workspace outside its existing easement as may be required for the relocation now and in the future. CFW-ETF Reimb Agrmt Old Decatur Rd. 2 7. THE CITY shall notify ETF, in writing, not less than three (3) months prior to undertaking any future construction crossings of ETF's Facilities, in order for ETF to advise CITY of the physical location of said Facilities and the possible cost of such adjustment(s) if any. 8. To the extent permitted by law or the constitution of the State of Texas, THE CITY agrees to indemnify, protect, and hold ETF its parent, affiliates, subsidiaries, and their directors, officers, employees, representatives and agents harmless from and against any and all actions or causes of action, claims demands, liabilities, loss, damage, injury, suit, proceeding judgment, cost, or expense of whatever kind or nature, including but not limited to reasonable attorneys' fees, arising from or as a result of any incident, act, action, negligence transaction or omission of said THE CITY, in connection with, or incidental to the [extension] of ETF's Facilities except where such loss, cost, liability, of expense was proximately caused solely by the negligence of ETF or its employees, agents or contractors. hereto. This Agreement shall inure and be binding upon the successors and assigns of the parties SIGNATURE PAGES TO FOLLOW CFW-ETF Reimb Agrmt Old Decatur Rd. 3 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. City of Fort Worth -1441esta‘ Fernando Costa, Assistant City Manager Date: /p/t/3 Ap • • val Recommended: tit ti Dougla Wiersig Direc Transportation and Public Works Ap• rov s to Form and Legality: Douglas W. Black Assistant City Attorney Attest: Mary J. City Secre ary CFW-ETF Reimb Agrmt Old Decatur Rd. "ETF" ENERGY TRANSFER FUEL LP By: Energy Transfer j uel GP, LLC, its general partner Nape (Prit WIt) Title: 5e/tin atilen, L'a6 wt &1 Date: i4r/i3 M&C 4/k- Date: OFFICIAL RECORD CITY SECRETARY FT. WOR'rH, TX 4 STATE OF TEXAS § COUNTY OF ACtst 5 § The foregoing instrument was acknowledged efore me on this ast& day of + 4. innitsiet , 20 LI by (Ci celiartit E • riti\ �c v� � o r140; rt Qs4 o t- of ETF GP, LLC, acting in its capacity as general partner of and on behalf of Energy Transfer Fuel LP. MARIA E. ACOSTA tary Public, State of Texas My Commission Expires November 19, 2013 STATE OF TEXAS § COUNTY OF TARRANT § 1 m,staseed Notary Public My Commission Expires 1 /'/ k&O/2 C he foregoing instrument was acknowledged before me on this 7 day of , 2Qa by Fernando Costa, Assistant City Manager of the City of Fort Worth, on behalf of the City of Fort Worth. (SEAL) This Instrument Drafted By: Encroachment Department Energy Transfer Fuel LP 1300 Main Street Houston, Texas 77002 ilit7r.[.a--) tary Public My Commission Expires EVONIA DANIELS o Texas Notary Public, State MY Commission Expires 1uly 10, 201 an-fArA/ 7-0-19 h. Return This Instrument To: Right of Way Department Energy Transfer Fuel LP 1300 Main Street Houston, Texas 77002 5 .• • EXEIIBIT A DR VOL 3424 PAGE 553 • fvim.n RECORD VOLUMTL 3424 arwri7rEss WHEREOF, the undersigned has executed this instrument, this the llth • ••••••• • \. •• • • •• '.�•`ATTE§2 • •" • I jas / •- • IP •• ••_ • - • •- • . ,• . - 4 , • O •e • • •.. •'. .• ' `• •._ `i / f• . '46• ..•.•-' •- . II • • t • /lT • •I • .•-• • • •• r • .06 • • • • • • '`'lairs ' .• , 19 60. 8.4)..f. • • • • • - se • I •.• • • ,�• . • • • if ,. ,+ to_ •..•. r • w •• • ••t • • ' �Assistint Cashier •1 • •, I r fiHR STATE; ••.OF TEXAS, cOth v by 'AUNT • PIRST. I ATI,c*JAL BAN ( OP i 4 CORPORATION ACKNOWLEDGMENT »L g 1 clay ••••• •...•• • ••.•..•..•• •--.- I President • • •.•» •••••••••.._-•- 1: • ..•'BEFORE IiirE,•the undersigned, a Notary Public in and for said County and State, on this day personally appeared `•RAY Ei' 31c t� >Jfi, president,Firsti National Bank of Handle own to me to be the person and officer ,whose nasrte is ,sAsalbed. to the foregoing iaatrument acid acknowledged to me that 'the same was the an of the said I KtR$T. NAtIONAz BANK OF HANDLEY a cot'poratirn „add•'that he executed, the same as the act of such 'corporation for the purposes and consideration therein exp Isatd, anti in the cabacity therein stated. GIVEN. UN'hE�t 1+1 HAND AND SEAL OF OFFICE, this the 1 thday of March A. D. 19 60. • 1,•,11rr.11,. • '. .. ;3_ .'* 4 ff �' ' ' -. l ,?`•1 _ •� , , f, N. • - er Notary Public in and for Tarrant County, Texas r '-i 1. �j• f I • - 1 j • -.. - 1 Mod for a A ri $_19io And Roccwcjcxi • •' .. ' MAR Z, 3 1960 •. tnstnuniont No. 'i _ % '!ELVIN "h1rL" 1�AEILit;, Cc+unSy Oak r Toimnt Countyy, Tones ., THE STATE OEITEXAS COUNTY Or TARI'.ANT THAT !�•CC1 F' A'1 14 • • Ay •'• • • • m /Ire:>>1t ., • • •l1 to r t•' e ti ' • • • II. • • • • • 11•• .• ' -G3 .. • ut32•/,A4; 1 .ot /- � 1-0/9-pA, • • • • • • R/W TRACT T-#79 . ... •I. K'OkI.••ALL HEN BY THESE PRESENTS .• � •‘• • vi f9.L.: f •y/ (t }?• 4 t-c1 . i : e cC )- (herein referred to as Grantor, rr/`1 AA b County, fit .1) - - •• O. • • • •.• whether on•e' ar 'more), of ' Texas for and•inr-noris'ideration of ••••- • e • •• • n DAliars ($ 10 •• . 1: • the receipt and sufficiency of which is hereby euo.klmtiledged, to me .06 in hand paid by 01d Ocean Fuel Company, a Texas(copb4ati•n (herein ), referred to as Company) , unto said Colppany, its easement, at 'any time • • • • • ,. does hereby grant, bargain, •self and••convey successors and assigns, 'a right-o.Mnly and 553 . I or times, to lay, construct, excavate for, main- tain, inspect, operate, protect, repair, renew, remove or replace a pipeline of similar or different size and appurtenances incident J DR VOL 3424 PAGE 554 thereto, necessary for and incident to the operation and protection thereof, for the • transportation of gas, oil, petroleum products, water, or any other liquid, gases or other substance which can be transported •through a described, -pipeline over, :1'ands` owned by and State.-bf.Texas, to wit: under, upon, through and across the following Grantor and situate in the County of Tarrant, `A ptpgtine right-of-way in the J. ASKEW and A. F. ` A1.BBIGHT,'SURVEYS, Tarrant County, Texas, across that Ceztaih ,330.4 acre tract conveyed to Richard M. Oliyez'by..deet1 recorded in Volume 3008, Page 173, Deed.Reeords,tTarrapt County, Texas, said right-of- way lief 40,fe'et iir..width, 10 feet on the Southwest side Of saj.d pipeline centerline and 30 feet on the NortheaS'E s.i'de,p .>satd,.pipeline centerline, said centerline being Mere particularly described by metes and bounds..•2s follows; ;'tb wit: BEGINNING at a•Soin'e in the East line of said 330.4 acre tract, approximately.-1586 feet South of the Northeast corner thereof,;' said point being the "Point of Entry" of said pipeline'' centerline into the said 330.4 acre tract, from which'a.copper capped steel reference rod stamped (T79-1) sands. Noth•.'a degrees 4$ minutes East 119-1/10 feet and'North 5Y degrees 17 minutes West 35 feet; THENCE with said pipeline centerline North"•53 degrees 17 minutes West 812 feet and North 46 degrees 51 minutes West 1736 feet to •9 point''in the North line of said 330.4 acre .tttact•;• approxi- mately 1893 feet West of the Northeast corner thereof, said point being the "Pdint"•.of'Exit" of said pipeline centerline from said'.330.4 aere_tract, from which a copper capped steel referctioe rod - stamped (T79-2) stands South 88 degrees•' 36; rh'3nutes East 150-2/10 feet and South 46 degrees 5tl minutes East 30 feet. , The foregoing description being intended to describe; a right-of-way running Northwesterly across the entire 330.4 acre tract referred to herein.`., Together with continuous rights of ingress and egre'ssrovei and across such 40 foot strip and Grantor's and all of the aforesaid purposes and adjoining lands for' _.any :,•:_ the right from time to ;time' to redesign, rebuild or alter said pipeline, apparatus and equipment/6S .' Company may at any time deem necessary and the right to remove pipeline or any part thereof and to do whatever may be requisite for( the enjoyment of the rights herein granted; the right to remove or prevent the construction of any or all buildings, structures or o ther obstructions on such 40 foot strip, which, in the sole judgment o f the Company, may endanger or interfere with the efficiency, safety, and/or convenient operation of said pipeline and its appurtenances; and the right to remove all trees or shrubbery within such 40 foot strip to the extent, in the sole judgment of the Company, as may be DR VOL 3424 PAGE 555 • • fn. m RECORD VOLUME 3424 555 v,-;*.x: r--,.v ..s:c- -..ae. , a t- Wrrt . e- iuoKment -ox--cne•-'.ompany� -'rid may- benecessary to ,prevent possible interference with :the construction or operation of said pipeline. It is recognized by Grantee that the easement granted hereby covers land which may be subject to development requiring the con- struction of streets and roods, and Grantee agrees that in the event Grantor desires to constz'udt streets and roads across Grantee's pipe- line, Grantee will make such installations as necessary for the safe • ',.operations of such streets and roads across such pipeline. Grantor • • agrees .etA:t-in lornting any such streets and roads that the spme +a:0ineafo t to cross !:rantee's pipeline as near a 90 degree angle as..±ea^nobly possible. •!sithinn herein shall prevent Grantor from constructing across thAp.a.e'emon't,.hereby granted roads or streets or utility lines • or of cnnstriictiiig underground utility lines along such easement; PROVTDFD that should saf-underground utility lines he constructed along such easement.and p2ra1.1ef to the pipeline to be constructed hereunder, the same `••sb-t.t not bo closer than ten feet to the ccnter- ...... line of the pipeline a's--actually'laid and constructed. Should the pipolinb ti be laid hereunder Inter be crossed by roads or streets, GrantPvr-sh i. repair or replace any damage done • • to such streets in connecti nn; wi;th theiraintnrance, rcpl ace't nt or removal of such pipeline, Pr.antee agrees that on finak,abanidrlment of the pipeline to be cnnstructed hereunder, it will ekeciite.and...deliver to Grantor, his successors or assigns, a full release•of Ali ri.$hts under this ease- ment. eil Grantee agrees that it will pay all;aa:valorem or other taxes of a similar nature brought about or measi ed'by; the value or the presences of the pipeline on such, premises;.._':' A plat showing the location of the pipeline''to'becons.tructed hereunder is attached hereto and made a part hereof;., ; The pipeline shall be laid within the 40 footstxip upon a route or routes selected by said Company, its successors or assigns. The Company will lay its pipeline at a sufficient depth under the surface of the ground so as not to interfere with the DR VOL 3424 PAGE 556 vided, part. 5 56 ordinary cultivation of;the premises, No installation will structed or maintained above the surface of the ground. • 40 foot strip, other purpose$ not incensis.tent with Company's use of such property, provided such Use be con - -.''The'i •rghtjis reserved by Grantor to use the land within the above' 'described for general agricultural, grazing or shall not any other use which might;, interfere with t granted. .include the growing of trees thereon or in the sole judgment of the Company, he execise_by,.the'Company of the rights hereby In_ addition to'•xhe''considQration above recited for the ease- ment and right-of-way hereby granted; owner of the land, and respectively entitled, if leased'; for actual: •,the Company will pay to the to''his tenant, as they may be • damages 'done to fences, and growing crops by reason of the m4intenancA,ot•removal of said line; provided, however, that no such payment will be made for the initial '` construction of such line or for trimming or remOValof trees from said land, nor for removal of trees or other•'obstruetions from such 40 foot space after'said line is constructed,`as'hereinabove pro - The • rights herein granted may be assigned iri,'whole or in In addition to the rights hereinabove specified, grantee is further granted the right, for the purpose of the Original con- struction only, to use additional land, being 10 feet on!each.s'idg! of the 40 foot strip above described, such rights in such addifionalC. land to terminate upon completion of construction of such pipeline.:` and restoration of the right-of-way, and in any event within one year from the date hereof. P. 4. • TO HAVE AND TO HOLD the above described easement and rights;' unto the said Company, shall be abandoned. its successors and assigns, until said line -4- • • • • • • DR VOL 3424 PAGE 557 rrrn RECORD VOLUME 3424 5 51 And I (we) do hereby.b'ind myself (ourselves), my (our) heirs and legal representatives, to warrant and forever defend all and singular the above described easement and rights unto the said Company, its successors and assigns, against every person whomsoever .lawfully claiming or to claim the same or any part thereof. It is agreed that this grant covers all of the agreements • between the parties and no representations or s'tatements, verbal or •.wr Etek have been made, modifying, adding to, or changing the terms oa'of/this,,pgreement. 4IITT$SS Qtfl hand this // day of 040srefi 1'9 6tl': '•, aa • itkaw.s. vv r0 4 coo �rirrcnJ 12::rXiri 1. A?RROvro AS TO FORM: r CAnuy, lb; ;, SCA:i&9%GWN G e ccH Br • • • • • • /WM& ACKNOWfi1DGHENT • THE STATE OF TEXAS, }• COUNTY of '7 in l R /fi h' BEFORE ME, the uiderelgoed, a Notary Public in end for mud Count▪ y' and State, on this day penomlly appeared %ii.c h /f I(,l and -i* 1'ti' I'ii• G$fa V'' t4 , his wife, both M 0 L. tie re h'' known to me to be the pejuons whose names are subscribed to the' forogelii Instrument, and aeknowledged to me that they each executed the sage for the purposes and consideration, thenplii einiceased,'an¢ the said. p 1- /7t'i'/1- p C%l.irc?/�' , wife ofthe eaj3,*'ic:•FiFJ/ cf /b(,,)t.tVB« having ben examined by mo privily and spirt from her husband, andahanog the same fully explained to her, oho, the said /nit ✓ op4 - f f 0/ r V e2 r� acknowledged atieh inpttument•to bo her act and,deed; Faad abe declared that she bad willingly signed the same for the purposes and considerption'there{n,expresaed. amt gait efie didonot wish to retract it.'Y GIVEN UNDER htY RAND AND SEAL OP OFFICE this the // { day of, iy'�,., ici,u,..A.'U ..... ,? II' (L. S.) Notary Public in and for • he DR VOL 3424 PAGE 558 .. J. a6J3 N,, 4129 55C56(Ca/0 sscs.6'(cd/J \\wee 1"' oe obh • >>�o.._,_ 2 Qy j 6` P0'e%%iie Surfree edeN;ie.- A PIPKLINE RIGHT -OR -'WAY ACROSS THE ItICHA Ro H. OLIVNR 330.4 AC. TRACT IN Tiff: J. ASKEW AND A.T. ALBRIGJIT SVRV:.YS TARRANT COUNTY, TEXAS _SCALE; 1•= 40o1 1I Net:. F bearmysldis',ayolhera. 'II F46. 3, /CCC, I the of flea of LOf S1107. >.. iAliXflS P.C. LJC'. i74 Tf. dOkt:j r,13' DR VOL 3424 PAGE 559 • • • • 0111. • • • • • • fTT.n RECORD VOLUME 3424 Filed for Record___ I0R 1 1°T.1 And Recorded Matrument No. MAR L l 19F° 3 V2— THE STATE OP TEXAS COUNTY OF TARRANT • • By atx933 ,9—M; a0.9•0rv47—M MELVIN "MEL" FAULK, County Clerk. Torrant County, Texas sty _5 59 1643 � R/W TRACT T480 KNOW ALL MEN ,BY THESE PRESENTS: • ,`//(;C-11 ,:1• ,- f_f.. •k� i 1 Le, /4� u-t,.,/. !r : z rs7 4 (hereWtdferted to as Grantor, whether one or more), of .� d. t .fa''1,(4,u —__ County, Texas for and in consideration of r ` - -- - Dollars ($ /(s ' ), the rec'e%nt"apd`•sufficiency of which is hereby acicnowledged,to me in hand paid-;by.Qhi Ocean Fuel Company', a Texas corporation (herein referredto/as Copipany),,does hereby grant, bargain, sell !and convey i unto said Company/itd sudcessors and assigns, a right-of-way and easement, at efiy'ti•me'or times, to lay', construct, excavate for, main.- tain, inspect, operate', pxdtect, repair, renew, remove or replace a pipeline of similar qt djfferknt;size and appurtenances incident thereto, necessary Mr and incident to the operation and protection ., .._... thereof, for the transportation„of,gas, oil, petroleum products, water or any other liquid, gases o'x_,other substance which can be transported through a pipeline over, under;'.tiponr through and across the following described lands owned by Grantprand'Sttuate injthe County of Tarrant and State of Texas, to wit: A pipeline right-of-way in the.A. S:.ROBERTS SURVEY, ABSTRACT 1262, Tarrant cdUntyt• Texas, across that certain 200 acre tt'aet conveyed to Otha T. Coburn by deed recorded' in.,Vgluit,e 2529, Page 161, Deed Records, Tarrant.Covnty,,`•Texas, said right-of-way being 40 feet,iti w4:dth,0 feet on the Southwest side and 30 feet• on/the Northeast side Of said pipeline centertihet•-said centerline being more particularly•,desctibed by metes and bounds as follows, to wit; BEGINNING at a point in the South line of:S aid/ 200 acre tract, approXimately 820 feet"Weat.df the,Southeast corner thereof, said point peing:"? the "Point of Entr" of said centerline into•' said 200 acre, tract, from which a copper capped,:'; steel reference: -`rod stands North 46 degrees'.5i.'' minutes West 29 feet and, North 88 degrees 58'' . minutes West 100-0/10 feet; -1-