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HomeMy WebLinkAboutContract 44533 (2)CITY SECRETARY L .� .� CONTRpCT Np, .••� ���� ���1� Line: WX 12/W#: PIPELINE �ASEMENT THE STATE OF TEXAS COUNTY OF TARRANT § § § GRANTOR: City �f Fort Worth GRANTOR'S MAILING (including County): ADDRESS 1000 Throckmorton Street Fort Worth, Tarrant County, Texas 76102 GRANTEE: Atmos Energy Corporation GRANTEE'S MAILING ADDRESS (including County): 5420 LBJ Freeway, Suite 1800 Dallas, Dallas County,Texas 75240 That for and in consideration of the sum of TEN DOLLARS ($10.00), and other good and valuable consideration paid by Atmos Energy Corporation, a Texas and Virginia corporation with its principal oftice at 5420 LBJ Freeway, Suite 1800, Dallas, Texas 75240, together with its successors and assigns (said entiry and its successors and assigns are herein collectively called ("Grantee") to the lindersigned, the receipt of which is hereby acknowledged, the undersigned City of Fort Woi�th, a Texas home rule municipal coiporation (herein called "Grantor"), hereby grants, sells and conveys unto Grantee, a free and unobstructed right of way and easement for the purpose of laying, consh�ucting, operating, maintaining, inspecting, repairing, replacing, changing the size of, relocating and changing the route or routes of, abandoning in place and removing at will, in whole or in part, a pipeline or pipelines and the appurtenances thereto, including the right to install additional pipelines and appu��tenances in the fuhu•e as may be necessary or convenient for Grantee, for the transportation of oil, gas, lignite and otlier fluids or substances, or any of them, and the products tliereof, together with such above ground drips, valves, fittings, meters, pressure relief facilities, aerial markers, graphite and steel anodes, rectifier poles and other devices for the control of pipeline con•osio�i, and other app�utenances as may be necessary or convenient in the operation of said lines, over, across, under and upon the following described lands located in Tai7•ant Cotmty, Texas to wit: A portion of that certain tract of land being situated in the C. K. Gleason Survey, Abstract 559 and the J. Joluison Survey, Abstract 871, in Tairant County, Te:cas and being called 100.167 acres tract described in a Special Warranty Deed to the City of Fort Worth, Texas as recorded in Inst. Num. D2 1 1 267292 of the Official Public Records of Tarrant County Texas, as shown on Exhibit "A". Page 1 ��cE�v�n �uN i l 20�3 It is further agreed as follows: 1. Grantee acknowledges that Grantor has the right to grade, remove dirt or add fill over the easement. Grantor may install other utilities, roads, trails, sidewallcs, across and appro�mately perpendicular to the gas pipeline while maintaining regulatoiy vertical separation. 2. Grantee is responsible for general clean up and repair of any and all damage to the surface including fences, i•eplanting of grass to as good or better condition as existed just prior to Grantee's work commencing. Grantee is further responsible for any and all damages that may be sustained by the original construction of said lines, including without limitation, cutting trees and damages to land, trees, buildings, growing crops and grasses. After the original construction, Grantee will pay to the owner of the land and, if leased, to his tenant, as they may be respectively entitled, actual damages done to fences, trees, landscaping and growing crops by reason of entry to repair, maintain and remove said pipelines, or for any future construction, including but not limited to the laying of additional future pipelines. 3. Grantee has the right to trim, cut down or eliminate trees or sluubbery to the extent necessary within 15 feet on either side of centerline of pipeline, and only if approved in advance by Grantor, as may be necessary to prevent possible present or future interference with the convenient operation or convenient inspection of said lines and to remove possible present or future hazard to such lines., and the right to remove or prevent the construction of any and all buildings, structures, reservoirs, or other obstxuctions on said strip, excepting those facilities desci�ibed in Item 2, above, to the extent they may be considered a"structure" or "other obstruction". Any and ail tree trimming, removal of trees and sluubs, bushes, spoil materials and conshuction debris shall be removed at Grantee's sole expense unless otherwise specifically requested in writing by Grantor. 4. If Grantee shouid abandon the rights granted herein and if such abandonment should continue for a continuous period of ten years, all rights of Grantee herein shall ipso facto terminate and revert to Grantor, its heirs, legal representatives, and assigns. The Grantee shall notify the Grantor of any specific abandonment in writing. 5. Grantor and Grantee agree that the failure to assert any right under this Pipeline Easement shall not constitute a waiver of any other right hereunder. Further, it is hereby agreed that any delay by Grantor in asserting any right granted it in this Pipeline Easement, regardless of the length of any such delay, shall not prevent Grantor from later asserting or otherwise enforcing that same right, including but not limited to the right to prevent or remove any encroachments within the easement area as provided in paragraph 4 above. 6. Both Grantor and Grantee hereby represent and warrant that they have read and have fully understood the terms of this Pipeline Easement, that they have had the opportunity to have same reviewed by an attorney, and that in entering into tlus Pipel'me Easement they are relying solely upon their independent review and the advice of their respective counsel. Further, Grantor and Grantee acknowledge that this Pipeline Easement has been r�egotiated by the parties, and this Pipeline Easement shall be construed as one prepared Page 2 by the joint effoi�ts of Grantor and Grantee and shall not be construed against either party as the drafter. 7. Construction plans for Grantee's pipeline(s) shall be reviewed and approved by the Grantor before conshuction starts. Grantee shall install a concrete cap over a gas pipeline wherever Grantor requires, as will be indicated during the gas pipeline design review or in the fuh�re when other utilities cross the gas pipeline. Gas line depth at the nortlieast corner of this easement shall be at least 20 feet to avoid fiiture conflicts. TO HAVE AND TO HOLD the above described easements and rights unto the said Grantee, and Grantee's successors and assigns, until abandoned as provided for herein. This instrument and covenants and agreements herein contained shall constitute covenants running with the land, binding upon Grantor, its heirs, legal representatives, successors and assigns, for the benefit of Grantee, and Grantee's successors and assigns. It is hereby understood that the party securing this grant on behalf of Grantee is without authority to make any covenant or agreement not herein expressed. This instrument shall be effective as of the date subscribed by the Grantor hereto. GRANTEE: Atmos Energy Corporation `��r/ i ! Jeffrey S. Knights Vice President Date: �+ " � ^� 3 GRANTOR: City of Fort Worth �i Fernando Costa Assistant City Manager Date: �//C� `!3 APPROVED AS TO FORM AND LEGALITY �� ` � . , Assistant City Attorney , by. Page 3 � , � 000� �� ;� � i ACKNOWL�DGEM�NT STATE OF T�XAS COUN"I'Y OF TARRANT § § BEFORE ME, the undersigned 'dlli�l01'ltj�, on tl�is day pe�sonally appeared Fernando Costa, Assistant City Manager of the City of Foi-t Worth, known to me to be the perso�i(s) whose name is subscribed to the faregoinb instrument and aclaiowledged to me tl�at he executed the same for the puiposes and consideration therein expressed. 2013 GIVEN LJNDER MY HAND AND SEAL Ol; OI'FICE this � day o , � � : �i r� �'"a �. EVONIA DANIELS f':� A1Y COUMISSION EXPIRES '•:'�,f•„� ;i��;. JUIy 10, 2013 STATE OF TEXAS COUN`I'Y OF TARRANT My Cominission Expires: 7 /O�,C3 ACKNOWL�DGEMENT § § B�FORE ME, the undersi on this day personally appeared_ same person whose name is subs tliat the same was the act of � same as the act of said consideration therein expressed led aiithority, a Notaiy Public in and for the State of Texas, �,�.�.( Q,,., .5. k r�,��-� , known to me to be the •ib to t e foregojng i, st }liment, and acknowledged to me S. r�, 1—�' and that he/she executed the - for the purposes and in t canacitv the ein stated. GIVEN LTNDER MY IIAND AND SEAL OF OFFICE this �� da of Y � �,.,,,,,,�� , 2013. � o.r Notaa After recording return to: City of Fo►•t Worth Water Department C/O TPW Keal Property Seivices 1000 Throckmorton St Port Worth, TX 7G 102 _ U .� � �ay ' �Z = '. � �Fx� RES�P \�� ����i�� � � c! - 2 0 �������\\ �'''��i i i n � i �������� •,_. , the State of Texas . �O-��1 -i 3 0 EXf-�1131T "A" ATMOS CNERGY CORPORATION 50 FCET-WIUC EASGM�NT CITY Or f'ORT WORTH,1'LXAS (S�'A7'G OP TGXAS) (COUNTY OF TARRANT) All rhat certain 50 feet-wide easeinent being situated in the �. K. Gleason 5urvey, Abstract 559 and the J. Johnson Survey, Abstract 871, in `I'arrint County, Texas and being iii a called 100.167 acres tract described in a Special Warranty Deed to the City oF Port Worth, Texas, as recorded i❑ 1nst. Num. D2112G7292 of the Official Public Recorcls oi'said county and said easement bein' described by metes and bo�inds, as foll�ws: BEGINNINC at an iron rod, with cap stamped "TRANS COP.P", found on the west line of a c�illed 145- 309/1000 acres tract recorded in Vol. 13824, P�. 339 of the Deed Records of said county, for the southeast coroer of said 100.167 acres tract and the northeast corner of a called 188.244 acres n•act recorded in Vol. 6477, Pg. 335 ofthe Ueed Records ofsaid county (NOTG: 13C,AR1NG5 ARG E3ASGU ON U. S. STA`fE PLANE IYAD 1983 COORllINATrS,'I'CXAS NORTH CGIVTRAL ZONE-a202); THENCG North 56°24'07" West, along fl line clividing said 100.1G7 acres tracc and said 188.24'4 acres tract, a distance of 52.18 feet to a point; THL�NC� North 16°58'OS" Cast, leaving said dividing line, a distance of 840.31 feet to a point; THCNC� North 08°32'�8" Cast, a distance of 940.92 feel �o a point; TH�NCG North 00°OS'37" East, a dist�nce of 445.30 feet to a ��oint a� n line dividing said 100.167 acres trlct and a called 284-�3/100 acres iract recorded in Vo1. 7=14 l, Pg. 442 of said Deed Records; THCNCC Soudi 89°24'29" Enst, along said dividing line, a distance of 50.00 feet to a point; TH�NCE South 00°OS'37" West, leaving said dividin� line, a distance of 448.56 feet to a point on a line dividing said 100.167 acres tract and said 14�-309/1000 acres tract; THENCE South 03°32'S8" West, along said dividins line, a distance of 945.30 feet to a 7/8 inch iron rod fowid for corner; TFIENCG South 16°�3'08" West, alon; another line dividing said 100.167 acres tract and said 145- 309/1000 acres h•act, a distance of 858.9? feet to lhe POINT Or I3GC1NNINC and containing 112,OS3 square feet or 2.57 acres of land and said easement being nccompanied by a 25 feet-wide temporary workspace juxtaposed to said easement, as shown on Page 2 of 2 hei�ein, that contains �5,480 square feet or 1.27 acres of land. Revision #1; 10-17-2012, #2: 12-12-12, #3: 02-25-13 1 he►•eby cei��rfy� tha[ !he ahove and fvregoinb descrrpliorr repr•e,s�nts an on [lte gi•otmd srirvey condrrcted i�� Augusl nnd Sep[ei�tGe�• of �?012 and i,s U•ue [r�rd cvrrec[ fo lf�e Gesl o/'my /rnoiv(edge. Original signed and sfemped in blue inlc. ��.��,,,�..,0 � _ ��. Date oPSignatw�e: DONALD R. CROWLEY, R.P.L.S. . 5210 FOR CKOWLEY P1PEL[NE & LAND SURVCYING, L.L.C. 117 WEST ARCHER JACKSBORO, TEXAS 76458 (940) 567-2234 OfTice (940) 5G7-2155 Fax Februaiy 25, 2013. OF �. � • e;rN� ...................:.... ,lD R. CROWLEY .... 5210 . �T ��y-(. '�FE 5 4��.•:-��f// Pg. I o f 2 ATMOS LINE WX (3) TC-03.00 03 FORT WORTH R3.doc _' � ti,� � _�� SCALE 9 " = 400' TARRANT CD U1VT� ; T.�'XAS C. K GL!'sASON SURYEY CALLED 284-53/100 ACRES ABSTI2ACT 559 _,. vo�. ��4i, PG. 442 LEGEND � - = APPROXIMATE SURVEY LIPlE X = fENCE LINE � • • - = DEED LINE 50 FEET-WIDE PERMANENT EASEMENT �---� 111,058 SQUARE FEET OR 2.57 ACRES ri�ii? = 25 FEET-WIDE TEMPORARY WORKSPACE �"``� 55,480 SQUARE FEET OR 1.27 ACRES / ,`Q`�� � O f,p� �: � � o :�n ....:................. �..::.., , oorra�n R. cRowi.�r �,� ... 5210 � r� �'�, � �/,jO:cES S\�.`-�O 3 U RJ� S7ATE OF TEXAS CDUNTY OP TARRANT \� CALLED 188.244 ACRES VOL. 6477, PG. 335 I hereby certify that the above a�n.d foTegoi�ng plat re�rosents an on tlte g�•ou�ul suruey con�luctetl in Augvst ¢nd Septe�n.ber of 2017. ¢nd tis true ¢nd correct to tiee best of ynJ knowle�lge. Origtnal signed ¢nd sta.m�ed tin blue ink. DATE OF SlGNATURE: February 25, 2013 DONALD R. CROR'LEY R.P.L.S. NO. FOR CROWLEY PIPL•LINL' �'e LAND SURVEYINC, L.L.C. 1 i 7 FY. ARCHER JACKSBORO, TLXAS 7645t7 (840) 587-2234 OFFICE (940) 567-2l55 FAX ,�3 02-25-13 Ts'XHIBIT "A" � _ �TMOS �-- _- ene rgy 50 FEE�-YAOE EASEMENT 112,058 SF. OR 2.57 AC. 2S fEET-NtOE TEMPORARY 55.�80 Sf. OR 1.27 AC. NO1�• B6'.IRINGS AR6 BAS6D ON U. S. ST.IT6 PLANS NAD t9B3 COORDINAT69, T6XA3 NOJTTH CENfRAL ZONS - 4208 PRO✓�'CT.• L/N.Y' ll',f'r9f PLAT SNOWING A 50 FEET-N7DE EASEMENT AND A 25 FEET-HADE 7EMPORARY WORKSPACE IN 1HE C. L. GLEASON SURVEY, ABSTRACT 559 AND THE J. JOHNSON SURVEY, ABSTRACT 871, LOCATED IN TARRANT COUNTY, TEXAS. � OF � 25' .., �, �, �� _ � J CITY OI' 1'ORT IYDRTH, TLXrlS CALLED 100.16?' ACRL:S INST. ND. D2112672�2 J. JOHNSON SUR vEY ABSTRACT 871 � N 89'26'00" W 24.67'� '"PK" NAIL � FWND "PK" NAIL. FOUND c0 J �� ;'. el 'Sc , .:_: � ... � J�, f J � 50' ��--- �: .-�� 7/8' IRON W �.:: ROD FND. � ��' d M o� 0 o� �a : '' rn � �� � �`�� � a" J , � J J W p � � �... U �' ' i� .J 6SYT � :': � CIRF �� / "TRANS CORP" � LINIs' TABLE SCALE: 1 ° = 2000' M&C Review CITY COUNCIL AGENDA Page 1 of 2 Official site of the City of Fort Worth, Texas Foa�» • • .. . -. . � DATE: CODE: LOG NAME: 5/14/2013 REFERENCE NO.: '"`L-15556 1 TYPE: CK�I�L•Y�►� PUBLIC HEARING: 60MARYS CREEK ATMOS ENERGY NO SUBJECT: Authorize Execution of an Easement Agreement with Atmos Energy for the Installation of a Twenty-Four Inch Gas Line Along the East Property Line of the Future Mary's Creek Water Reclamation Facility Near Chapin Road in West Tarrant County (COUNCIL DISTRICTS 3 and 7) � _ __ _ - =_ — _- _- RECOMMENDATION: It is recommended that the City Council: 1. Authorize the execution of a fifty-foot wide Easement Agreement with Atmos Energy in the amount of $128,500.00 paid to the City for the installation of a twenty-four inch gas line along the east property line of the future Mary's Creek Water Reclamation Facility; and 2. Authorize the execution and recording of necessary documents to complete the conveyance. DISCUSSION: On July 26, 2011, (M&C L-15222) the City Council authorized the acquisition of 100.167 acres of land in West Tarrant County for the future Mary's Creek Water Reclamation Facility. Atmos Energy (Atmos) has requested to install a 24-inch high pressure gas line along the east property line to provide additional gas service to its customers in West Fort Worth. The permanent easement consists of 2.57 acres of land being situated in the C.K. Gleason Survey, Abstract 559 and the J. Johnson Survey, Abstract 871, in Tarrant County. Atmos agreed to pay at the rate of $50,000.00 per acre for a total of $128,500.00 upon receipt of the easement. The Water Department has reviewed the gas alignment and determined that it will pose a minimum impact on the future land use and recommends City Council approval. The property is located in the City of Fort Worth Extra Territorial Jurisdiction near COUNCIL DISTRICTS 3 and 7, Mapsco 71 L. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that the Water Department will be responsible for the collection and deposit of funds due to the City. TO Fund/AccounUCenters P258 481306 703290123980 $128,500.00 Submitted for Citv Manaqer's Office bv: Oriqinatinp Department Head: FROM FundlAccount/Centers Fernando Costa (6122) S. Frank Crumb (8207) mhtml:file://C:\Documents and Settings\dkiml\Local Settings\Temporary Internet Files\C... 5/16/2013 � M&C Review Additional Information Contact: ATTACHMENTS MandC AtmosEasement.pdf Andy Cronberg (5020) mhtml:file://C:\Documents and Settings\dkiml\Local Settings\Temporary Internet Files\C... Page 2 of 2 5/16/2013 7 �' c , : ,� � � :. .r.• � � � � m � � � � � z a � �-� p � m r � �+ � � . .� � z �� � . � � ,`. ■ � `�/ + �� � ` r S r 3 + r � ' O 'O O O • r _ .. �o r Q7 � �� W � r _� r �' O � o � �, ' �'�.J ��. � � �. ' I � _ DOD m ~'� 9i _, m '` o �r �,_ ,�� ' � c ` < � � �f Ir�, �� i�, l� �� �� 0 0 D � � r , "S� ! v rn� xy D Omv �o� ��o � O O D � . x �c p � v � ; � ^'Nw O m N � � �o Z� ' O N � �. N y � � Q �� 00 � zz D -�1 m. i `i � t;� � � � ,-, t�� (1 � � I -' = � � � 0 N O � _1 .. f-h ' � � .. l=Y _ /1.� O W �� o X J � i -� �oy r o�.� �_ �Dm �I �.. � O � � : _ � o� r r r m � � � l� x 0 �O1i � � Z a ❑ � n � � r =� � 0 � � Z �. � � , � � ,`1/ fi� ` ' • �.i � r O r n i O � O � D � O : r = .. =o r � Q7 � ❑ � W r ���, . . D ��� � O � : ,� � _ .�,�\_ ; �� . ' � . ( � � c; i� I� i o� 0 D � � :'l 1 > r� M .� (-, '� . . ♦.`My�w .. ... �D v 3 x� R D� OR r�QQ.�� -�mc�DC xo��-t �mA �i� N N � N /� �,�� ..r �^ O Z �p O N NQ va �� 00 Z z O � m , � i.n � 0 W O N _, M\L o W �� � x Milis, Stephanie From: Sent: To: Subject: fyi Scott Lafferty Senior Engineering Tech. Fort Worth Water Dept. (817)392-8213 Lafferty, Scott Friday, June 14, 2013 1:32 PM Mills, Stephanie FW: Contract 44533 & 44532 How am l doing? Please contact my supervisor; Jim.Deeter@fortworthgov,org From: Black, Doug Sent: Friday, June 14, 2013 1:31 PM To: LafFerty, Scott Cc: Scott, Tracy; Perez, Sarah Subject: RE: Contract 44533 & 44532 They weren't supposed to get the easement. By copy on this email i'm asking them to release it. Tha n I<s, doug I)otiglas �'. I�Iack :�ssistant CityAttori7ey CiIY of F �.oac� Th Fort Wc� c�t1�.�39`?• 81�. ;g2. ��j oi`t11 , `I'� 7E�1c��> t� tei. ��3 fax (please note the new email address as of Oct. 1, 2011) From: Lafferty, Scott Sent: Friday, )une 14, 2013 1:06 PM To: Black, Doug Subject: RE: Contract 44533 & 44532 After you signed the easement Doo took it to the City Managers office believing it would come back to him when they were done. Instead, they sent it to the City Secretary's office. The City Secretary's office has to keep an original, and seeing how he took the only signed one to the CM office, they are keeping it. If possible, I need you to sign the second original that we have. I'm planning to head over to the secretary's office shortly. Would you be able to meet me there? Scott Lafferty Senior Engineering Tech. Fort Worth Water Dept. (817)392-8213 How am I doing? Please contact my supervisor: Jim.�eeter@fortworthgov.org i From: Black, Doug Sent: Friday, June 14, 2013 12:38 PM To: LafFerty, Scott Subject: RE: Contract 44533 & 44532 What is the question? �Joli�ia;; VV. 131ack ��Sl5fflll� �i�s%r��t02'i1P�� Cifv af Fo� V�'or��i �oao `Thr� clz�no��tc�n �oi�t Wor�%.t, T�: 761or> 7 c`51'].��}2.� 1� fE', . �i1�•;i�''•f? � i� �aX (please note the new emaii address as of Oct. 1, 2011) From: Lafferty, Scott Sent: Friday, June 14, 2013 10:44 AM To: Black, Doug Subject: FW: Contract 44533 & 44532 Good morning Mr. Black, Are you in the office today? If so I'd like to get together with you briefly after lunch to discuss the Atmos easement. Doo Kim is out today and has asked me to stay on top of it. Thanks, Scott Lafferty Senior Engineering Tech. Fort Worth Water Dept. (817)392-8213 How am I doing? P/ease contact my supervisor: Jim.Deeter@fortworthgov.org From: Mills, Stephanie Sent: Friday, June 14, 2013 9:37 AM To: Kim, Doo Cc: Lafferty, Scott Subject: RE: Contract 44533 & 44532 The City Secretary's �ffice is the official affice of record far the City. When processing contracts, I am required to keep one fully executed original. I was only given one copy of this contract, so therefore I am required to keep it. You can access an electronic copy for printing at the link below. htt�•//a�ps cf���net ol�/ECouncilSearch/CFW/Search.aspx �F�����ra�c� �itt� �al� ����r���r��'� �1������ �� � ���{��������� Stephanie.M�i��@fortworthtexaS•ljo� 2 ^-��t����`���i � ��-., From: Kim, Doo Sent: Friday, June 14, 2013 9:27 AM To: Mills, Stephanie Cc: Lafferty, Scott Subject: RE: Contract 44533 & 44532 Stephanie, I was instructed to execute only one original and the Water Department will be responsible to record the easement. From: Milis, Stephanie Sent: Thursday, June 13, 2013 10:12 AM To: Kim, Doo Subject: Contract 44533 & 44532 I received only one hard copy of the pipeline easement contracts with Atmos Energy. It is the responsibility of the originating department to provide more than one hard copy of a contract if they wish to have a copy returned to them. Due to budget constraints, the City Secretary's Office does not provide hard copies for the department after it has been processed. An Electronic copy can be obtained at the link below:Search by contract number. The contract numbers are: 44533 and 44532 http://apps2.cfwnet.org/ECouncilSearch/CFW/Search.aspx �'�€��������t? �itl� C'��t� ��?��-€?���a�'� ���i�� �� 1 ����)���a�i��� Ste hanie.Milis@fortworthtexas.gov �(:;�IIr'�s: t�;�tN 3