HomeMy WebLinkAboutContract 44533 (2)CITY SECRETARY L .� .�
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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
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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
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the State of Texas
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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
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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.
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25'
.., �, �, �� _ �
J
CITY OI' 1'ORT IYDRTH, TLXrlS
CALLED 100.16?' ACRL:S
INST. ND. D2112672�2
J. JOHNSON SUR vEY
ABSTRACT 871
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24.67'�
'"PK" NAIL
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"PK" NAIL.
FOUND
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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
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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
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Ste hanie.Milis@fortworthtexas.gov
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