The URL can be used to link to this page

Home My WebLink AboutContract 55575ENTRY AGREEMENT CSC N O. 55575 This Agreement made this 15 day of /q rl � , 2021, ("Effective Date") by and between the CITY OF FORT WORTH, a Texas municipal corporation, (hereinafter referred to as "Owner") and BNSF RAILWAY COMPANY, a Delaware Corporation (hereinafter referred to as `BNSF") whereby Owner grants BNSF access to a part of the: Property located in Tarrant County, Texas consisting of 0.0312 acres (hereinafter referred to as "Property" and further defined in "Exhibit A" herein), for the purposes specified below. Owner is willing to grant BNSF and its Representatives (defined below) access to the Property on the terms and conditions of this Agreement. 1. Grant of License. Owner grants a Right of Entry for reasonable access to the Property for the purpose of constructing drainage improvements, including but not limited to surface grading, removal of surface vegetation, and staging of construction materials and equipment (all such construction-related activities being referred to hereinafter collectively as the "Drainage Work") on the Property. The Drainage Work is being performed in connection with BNSF's construction and installation of certain track improvements (collectively, the "Track Work") on BNSF's adjacent property. BNSF will not knowingly grant permission for any other party, except BNSF's duly authorized representatives, employees, agents, and independent contractors (collectively "Representatives") to enter ar use the Property. 2. Term. The term of this Right of Entry shall commence on the Effective Date and continue in effect for one hundred eighty (180) days. BNSF shall have the right to terminate this Agreement upon thirty (30) days written notice to Owner. 3. Contacts. BNSF and/or its designated Representatives shall contact the following representatives of the owner to arrange for access and to obtain information regarding the Property if necessary: Property Access: Name: Ricky Salazar Address: 200 Texas Street, Fort Worth, Texas 76116 Telephone: �g17) 392-8379 4. Liability. While on the Property, BNSF and its Representatives will comply and will cause all Representatives to comply with all applicable government laws and regulations. BNSF OFFICIAL RECORD Page 1 of 4 CITY SECRETARY FT. WORTH, TK ENTRY AGREEMENT and its Representatives will be responsible for any damage to the Property proximately caused by the negligent acts of BNSF or the negligent acts of its Representatives' use of the Property for the purposes specified herein. The validity, meaning, and effect of this Agreement shall be determined in accordance with the laws of the State of Texas. 5. INDEMNIFICATION BNSF AGREES TO AND DOES HEREBY DEFEND, INDEMNIFY AND HOLD HARMLESS THE OWNER, AND ITS OFFICERS, AGENTS, REPRESENTATIVES, AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS AND EXPENSES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS, AND PERSONAL INJURY, INCLUDING, BUT NOT LIMITED TO, DEATH, THAT MAY RELATE TO, ARISE OUT OF OR BE OCCASIONED BY (i) BNSF'S USE OF THE PROPERTY, (ii) BNSF'S BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT, OR (iii) ANY ACT OR OMISSION OF BNSF OR ITS OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, CONTRACTORS, AND SUBCONTRACTORS, RELATED TO THIS AGREEMENT OR THE PERFORMANCE OR NONPERFORMANCE OF THIS AGREEMENT, EXCEPT TO THE EXTENT SUCH CLAIMS, LAWSUITS, ACTIONS, COSTS AND EXPENSES ARISE FROM OR ARE CAUSED BY THE OWNER'S NEGLIGENCE, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. 6. Restoration of the Property In the event that BNSF is not granted a permanent interest in the Property, BNSF agrees that it shall repair and restore the Property to substantially the same condition that the Property was in immediately prior to the execution of this agreement, or as otherwise agreed to by the Owner. All such restoration must be conducted in accordance with the standards as reasonably prescribed by the Owner. 7. No Third Party Rights/Assignment. Nothing in this Agreement, express or implied, is intended to confer any rights or remedies upon any person, other than the parties and their respective employees and representatives. BNSF inay not assign its rights under this Agreement without Owner's prior written consent, which may not be unreasonably withheld, conditioned, or delayed. THIS ENTRY AGREEMENT is executed by Owner and BNSF to be effective as of the Effective Date first written above. C�]�.�/►1 �I .:a CITY OF FORT WORTH BNSF: Page 2 of 4 ENTRY AGREEMENT I�G��i �GLY'G3�ZU� By.Dana Burghdoff ( r 15, 20 1 09:04 CDT) Dana Burghdoff Assistant City Manager By: Name: cha��es Ke�tne� "I'ltle: Senior Manager Real Estate CONTRACT COMPLIANCE MANAGER By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performa ce and reporting requirements. . 7% � Name: (� ' � � r Tltle: Rcal Property Managcr Date: 4/9/2021 APPROVED AS TO FORM AND LEGALITY: ��/�i��fzcw ..��2�t21z ✓ Y' Matthew A. Murray Assistant City Attorney Date: p`I�r 13, 2021 ATTEST: By: ��"�� Mary Kayser City Secretary Date: p`pr 15, 2021 Form 1295: Not required Contract Authorization: M&C: Not required v.4- -- u ,o,p� FORT �� a OF00000000a�L d , o 0o d � 0 �o o�� vo �_� a � ��oo �*� o� � ��, ��000000° Nd EXHIBIT A Description of the Property Being a tract of land situated in the CALEB O'BRIANT SURVEY, Abstract Number 1195, Tarrant, County, Texas, being a portion of that certain tract of land described as Parcel 1A as described in document D209047585 recorded in the Official Public Records, Tarrant County, Texas, Dated February 20, 2009 and being further described by metes and bounds as follows: COMMENCING at the southeasterly corner of a tract of land known as ALLIANCE WESTPORT ADDN Block 3 Lot 1 R CITY BOUNDARY SPLIT, said corner being a found 3" TxDOT aluminum cap; THENCE South 18°24'32" West a Page 3 of 4 �FFICIAL REC�RD CITY SECRETARY FT. W�RTH, T?C ENTRY AGREEMENT distance of 260.36 feet to a point on the northwesterly right-of-way line of the BNSF Railway, said point also being the POINT OF BEGINNING; (1) THENCE South 45°51'15" West, along said northwesterly right-of-way line, a distance 247.00 feet; (2) THENCE North 43°09'00" East a distance of 233.15 feet to a point on the southerly right-of-way of the BNSF Railway and the beginning of a non-tangent curve to the left; (3) THENCE 17.89 feet along the arc of the said non-tangent curve to the left through a central angle of 01 °15'18", a radius of 816.78 feet and a long chord which bears North 83°47'46" East, a distance of 17.89 feet, along said southerly right-of-way, to the POINT OF BEGINNING and contains 1358 square feet or 0.0312 acres. more or less. G�;'Y rY �'�?SLET '�x � 1 � �c'°'�� SITE- � - `` � -- __ � ' % / f -� � aIL4�v��E �h�Es��PT ,�,�ov. �/ � �.. BLC�Cd 3, LL+T ' R / ��fQ�.� CfTl` BGLh�ARY S�Lff � � / F ,ti �W T,Y / / r r +. cor�rarr� o� / � -- , 13LU{:K :3, f / -- �l� r.nT � R / �--��9,q�, r�o��vn a" �rxur�•r � � : -/ ��,5'af`� {]�, 13NASS CAE' �� / � / i�' ��'�y��Rj / P-�-� �� ~ x � � 1' z.�0 IVTERhAi!f'+:L f i�?I{'�1'.KY l�� S �` OP 9ldC]tRN3,RLi77' tR � � sT-oH LLc ��'� �ouNn a' rxnm� � � Ri;;:VI.F,T 4e�1_931' � �LLUkfINllll CAP NFd�f RY � .�f ' � `/ � ;! ,.��` f �_ �i E�. �r�' �;'g ,� '�, i L= 17.f39--� �ic`�4 ti�b��A /� L .C, n��Ta= L°15'18" �' � .��"�t i C:FIURU B= N�3;3°�17'�8'�E � `v� ¢�} �4 � CHC1R❑ D= 17.89' --� �.._ __ � ,� } c � / ��t �� '��' / � / -P_�.B_ / � 1.358 S,F. t �_U312 ACRES f � f ��e-��,,�,`� '�r � `�' f / �� }a° OQ �� / / `ti ``' p°s �ti w�a; ! / ♦ � �� h`' / ♦ � r / i i LEGENQ � - Morker ldul�d ��dS iiGlC4�� P,p,C, - P�ink �f Cvmmenc�ng P.�.B. = Po�n[ OF 9egnn�ng TRACT 20-C8,6RAINAGE EASEMENT, FR�M THE CITY OF FORT W�RTH TD BNSF Ry CONTAINING 0_0312 ACRES, F,10RE OR LESS 1,7p 1� SCALE� I' = Ipp' nGTE: LEu�L �ESv�IFTI�a� Tv nCCGMP1hlr THIS SUR�Er tiHEfCH ,s�i r. b:ii��k .n, �. s�.�: sw � i,••i_.��.�,�: t r: nui i i ,.:, :'�';;;.; �:;�: SURVWEST SI.i2•;E"h+�F•N;; LTLIir��i� i:EfL EST=TE `-' Page 4 of 4