Loading...
HomeMy WebLinkAboutContract 42651CITY SECRETARY CONTRACT NO. RECREATION TRAIL EASEMENT AGREEMENT STATE OF TEXAS COUNTY OF TARRANT That CHESAPEAKE LAND DEVELOPMENT, LLC, an Oklahoma limited liability company, hereinafter referred to as "Grantor ", for and in consideration of the benefit to be received by Grantor, its successors and assigns, from the establishment and maintenance by CITY OF FORT WORTH, a home rule municipal corporation organized under the laws of the State of Texas, hereinafter referred to as "Grantee ", of recreation trail facilities and appurtenant facilities on, over and across the property described below, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and confessed, has GRANTED, GIFTED and CONVEYED, and does by these presents GRANT, GIFT and CONVEY unto City, a recreation trail easement, on, over and across all that certain tract or parcel of land described in EXHIBIT "A" attached hereto and made a part hereof for all purposes. BY ACCEPTANCE OF THIS INSTRUMENT, GRANTEE ACCEPTS THE EASEMENT ON AN AS IS, WHERE IS AND WITH ALL FAULTS BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR COVENANTS, EXPRESS OR IMPLIED, OF ANY KIND OR NATURE, BY GRANTOR, EXCEPT FOR THE WARRANTY OF TITLE CONTAINED IN THIS INSTRUMENT. 1. Grant of Easement. Subject to the terms and conditions of this Agreement, Grantor hereby grants, transfers and conveys to Grantee a perpetual, non - exclusive easement (the "Easement ") over, under and across the property described in Exhibit "A" attached hereto and as depicted in Exhibit `B" attached hereto (the "Grantor's Land "). This grant and conveyance is made subject to all matters of record affecting the Grantor's Land as of the date shown above. 2. Purpose of Easement. The Easement shall only be used for the purpose of a recreation trail. Grantee shall have the right, at its sole cost, to install, construct, use, operate, inspect, maintain, repair and replace the recreation trial over and across the Grantor's Land. 3. Grantor Reservation of Rights. Grantor and its heirs and assigns, expressly reserve the right to use and grant to others the right to use the Easement and Grantor's Land for any purpose including but not limited to the following: a. Construct, maintain, repair and operate underground communication conduits, electric transmission and distribution lines, telephone lines, water, drainage, oil and gas pipelines, sewer pipelines, and other utilities across or under the Easement; b. The right to pass back and forth across the Easement on foot or in passenger cars and trucks; and OFFICIAL RECORD' CITY SECRETARY WORTH, TX I The right to explore, drill, mine, produce or operate for minerals from under Grantor's Land, including the Easement, by directional drilling or other means, from land located outside the boundaries of the Easement; 4. Grantee Obliizations. Grantee agrees the Easement shall be maintained and operated by Grantee at no expense to Grantor, and Grantor shall not be responsible for any cost of construction, reconstruction, operation, maintenance or removal of the Easement. Grantee shall, at its own cost and expense, comply with all applicable laws, governmental rules and regulations because of Grantee's use thereof. In addition, Grantee shall be limited to the right of ingress and egress only within the boundaries of the Easement. 5. Limitation on Liability. Grantor shall not be liable to Grantee for any damage to such Easement or other contents thereof, except when caused by the negligence or gross misconduct of Grantor, its agents, servants or employees. Grantor and Grantee each agree that if any claim or liability shall arise from the joint or concurring negligence of both parties hereto, it shall be borne by them in proportion to their negligence. It is understood that it is not the intention of the parties hereto to create liability for the benefit of third parties, but that this Easement shall be solely for the benefit of the parties hereto. Moreover, by making this statement, Grantee does not waive or release any and all right and power it may have to claim immunity from suit or liability. 6. Termination of Easement and Right of Reverter. Grantor expressly stipulates and Grantee agrees the dedication of the above - described land is given with the express understanding the Easement will not place an undue burden on Grantor's present or future use of the Grantors Land for oil and gas development, production and transportation. If Grantor reasonably determines, in Grantor's sole discretion, the Easement does place an undue burden on any portion of the Grantor's Land, Grantee, at Grantee's sole cost and expense and within a reasonable time period, shall modify the Easement or take other actions determined by the Grantor to remove or alleviate the burden which may include and not be limited to abandonment of the Easement. Grantee agrees to abandon and release this Easement in the event of either: (i) the Easement causes an undue burden to Grantor's use of the Grantor's Land, including, but not limited to, creating a protected use setback under the City of Fort Worth Gas Drilling and Production Ordinance that prevents Grantor from using Grantor's Land for a drillsite; or (ii) the complete non -use of said Easement by Grantee, its successors or assigns, for a period of no less than one (1) year. Grantee shall upon permanent abandonment of the Easement, execute and record a reconveyance and release at no cost to Grantee within 45 days of Grantor's written request, whereupon this Easement together with all rights and privileges herein granted shall be terminated. 7. Repairs/Maintenance. Grantee shall, at no cost to Grantor, promptly repair any physical damage to the Grantor's Land caused by Grantee. 8. No Waiver. No waiver by either party of any provision hereof shall be deemed to have been made unless expressed in writing and signed by such party. No delay or omission in the exercise of any right or remedy accruing to either party upon any breach of this Agreement by the other party hereto shall impair such right or remedy or be construed as a waiver of such breach, and the waiver of any breach shall not be deemed a waiver of any other breach of the same or any other provision of this Agreement. 9. Notices. All notices given pursuant to or in connection with this Agreement shall be in writing and shall be effective when deposited in the U.S. mail, postage prepaid, certified or registered delivery with return receipt requested or, if delivered by some other manner, when actually received. Notices to the parties shall be addressed as follows: Grantor: Chesapeake Operating Inc. Attn: Director of Real Estate 6100 N. Western Avenue Oklahoma City, OK 73118 with a copy to: Chesapeake Operating, Inc. Attn: CT Corporation 350 North St. Paul Street, Suite 2900 Dallas, Texas 75201 Grantee: City of Fort Worth Attn: PACSD Director 1000 Throckmorton Fort Worth, Texas 76102 with a copy to: City of Fort Worth Attn: City Attorney's Office (real property) 1000 Throckmorton Fort Worth, Texas 76102 From time to time a party may designate a new address for the purpose of receiving notices hereunder by giving notice of its new address to the other party in the manner provided above. 10. Exhibits. The parties acknowledge that all exhibits referenced herein are attached to this Agreement and are incorporated herein by reference. 11. Covenants Running With the Land. All provisions of this Agreement shall be interpreted as running with the land, so that the provisions hereof are binding upon and inure to the benefit of all present and future owners of all or any portion of the Grantee Property and the Grantor Property, as applicable. Notwithstanding anything to the contrary contained herein, Grantor, Grantee and their respective successors in interest shall only be obligated under this Agreement to the extent the terms hereof relate to the period during which they own all or any portion of the Grantee Property or the Grantor Property, as applicable. 12. Severability. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and, to the greatest extent legally possible, effect shall be given to the intent manifested by the portion held invalid or inoperative. 13. Goveming_Law. The terms and provisions of this Agreement shall be governed by and construed in accordance with the laws of the State of Texas. TO HAVE AND TO HOLD the Easement, together with all rights and interests appurtenant thereto, to Grantee and Grantee's successors and assigns forever. Grantor does hereby bind itself, its successors and assigns, to warrant and forever defend, all and singular, the Easement unto Grantee and its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through or under Grantor, but not otherwise. Notwithstanding anything to the contrary, this grant and conveyance is made subject to all matters of record as of the Effective Date, but only to the extent such matters are valid, existing and affect the Grantor's Land. IN WITNESS WHEREOF, the parties have executed this instrument to be effective as of the Effective Date. GRANTOR: Chesapeake Land Develo e t, LLC an Oklahoma limited li ility an STATE OF OKLAHOMA COUNTY OF OKLAHOMA Henry J. Hood, rn�ice President Land and Legal and General Counsel ' 't Before me, the undersigned authority, on this day personally appeared Henry J. Hood, of known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of Chesapeake Land Development, LLC, as Senior Vice President, Land and Legal and General Counsel, and for the purposes and consideration therein expressed, and in the capacity therein stated, and that he was authorized to do so. / IA- GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 11,11. , A.D. 2011. `NOTq N . o EXP 2213 9 12 .!. � O pF � I P I I(0 \0'1 11• `�• .� Notary Public in and for the State of Oklahoma My commission expires: - ---- My commission number: CURD CITY SECRETARY FT. WORTH, TX GRANTEE: City of Fort Worth a home rule municipality By: usan As lstt APPROVED AS TO FORM AND LEGALITY: B ;- Y� Assistant City Atto ey NO M &C REQUIRED STATE OF TEXAS COUNTY OF TARRANT Before me, the undersigned authority, on this day personally appeared Susan Alanis, Assistant City Manager, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of the City of Fort Worth, Texas, and for the purposes and consideration therein expressed, and in the capacity therein stated, and that he was authorized to do so. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of tup, ,) , A.D. 2011. 4) (m, al 44oA,4T�p ,INDAM HlRiRUNGEP. ' Notary Public in and for the State of Texas _* �- 1�� CGIPdlSSEON \P'HES 2014 i OFFICIAL RECORD j CITY SECRETARY i FT. WORTH, TX y000E 9 pPJ1 5i No BLOCK 2 A. H. FISH ADDITION P�5 VOL. 388 -L, PG. 60 P. R. T. C. T. k ' CHESAPEAKE LAND ko DEVELOPMENT Co., L.L.C. INST, No. 0209046006 0. P.R. T. C. T. IV00 009'14'W (PER DESCRIPTION CONTAINED IN) INST. No. 0208293962 82.84 O.P.R.T.C.T. cy% qVARIABLE WIDTH ::::. SIDEWALK EASEMENT :.; 0.109 AC . LOT 1 (4, 741 SO. FT. r::0 CITY OF FORT WORTH ;• :• ' VOL. 974, PG. 116 1/2' IRF {:::r ::a:: D.R.T.C.T. VOGT -1928' :: :::::: ::::: :$... WIDE: : ( CM I SIDEWALK::::::::':::::::,.: .. MADDOX AVE. (VARIABLE WIDTH RIGHT —OF —WAY) NOTES; PLACE OF ■ �/2' IRF BEGINNING `CM GT -1928 LINE TABLE CURVE TABLE LINE BEARING DIST CURVE ARC RADIUS DELTA BEARING GIST. L/ S87'50 '57' W 1,60 C/ 78.01 48.26 92.34 23' N46 ° 16 '54 ' W 69.80 L2 545'41'15'E 2.49 C2 41.79 135.00 17.44'08' S41'36'42'E 41.62 SHOWN HEREON ARE C3 20.04 55.00 20.52'32' S40'02'30'E 19.93 C4 45.01 125.00 20 °3758' S19'17'15'E 44.77 C5 20.59 43.00 27-2622' SO4 *44'55'W 20.40 C6 20.65 60.00 19'43'02' S08 °36'35'W 20.55 (1) ALL BEARINGS CORRELATED TO THE TEXAS STATE PLANE COORDINATE SYSTEM, NORTH CENTRAL ZONE 4202. NAD OF 1983, AS DERIVED BY FIELD OBSERVATIONS UTILIZING THE RTK NETWORK ADMINISTRATED BY WESTERN DATA SYSTEMS. (2) TITLE INFORMATION PROVIDED BY TEXAS MIDSTREAM GAS SERVICES, L.L.C. OREGG A .� E i�ryD • LEGEND (3) THIS SURVEY WAS MADE ON THE GROUND DURING THE MONTHS OF OCTOBER THRU NOVEMBER 2011 UNDER THE DIRECTION OF GREGG A.E. MADSEN, R.P.L.S. NO. 5798. �9 579$ O 9�. .:;f S• r 1'y ... :r{ - CM CONTROLLING MONUMENT 62F IRON ROD FOUND IRS I /2' IRON ROD SET WITH CAP STAMPED ' MER 8 ASSOCIATES INC' IPF IRON PIPE FOUND (4) REFER TO THE ACCOMPANYING FIELD NOTES I' 1 PERMANENT SIDEWALK ATTACHED HERETO AND MADE A PART HEREOF. - EASEMENT REVISIONS PROJECT n I. � P MIDSTREAM _ DRAWN BY, CHECKED BY JA ` X � G A S S E S� C E S SEGMENT IO D0000 VARIABLE WIDTH PERMANENT 9OEWALK EASEMENT GTY OF FORT WORTH, TARRANT COUNTY, TEXAS CHESAPEAKE LAND DEVELOPMENT C.- L.L.C. DATE BY DESCRIPTION CHK. DATE II- -SDI, SVEYOR PREPARING TMiS E %MI &T: %//AMWLIER� 6 ASSOCIATES INC. SHEET: I O< Z SCALE 20' DWG. FILE TX -TARR -HISS- 014.00- SE.dwg REV. XHIBIT FIELD NOTES — DESCRIPTION VARIABLE WIDTH PERMANENT SIDEWALK EASEMENT BEING A TRACT OF LAND LOCATED IN THE J. DAVIS SURVEY, ABSTRACT No. 418, TARRANT COUNTY, TEXAS. BEING A PORTION OF LOT 1, BLOCK 2, A.H. FISH ADDITION, AN ADDITION TO THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, RECORDED IN VOLUME 388 -L, PAGE 60, PLAT RECORDS, TARRANT COUNTY, TEXAS (P.R.T.C.T.), BEING A PORTION OF A TRACT OF LAND DESCRIBED IN A DEED TO CHESAPEAKE LAND DEVELOPMENT, Co., L.L.C., RECORDED IN INSTRUMENT NUMBER D209046006, OFFICIAL PROPERTY RECORDS, TARRANT COUNTY, TEXAS (O.P,R,T.C.T,), PER DESCRIPTION RECORDED IN INSTRUMENT NUMBER D208293962, O.P.R.T.C.T„ AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT 1/2" IRON ROD FOUND WITH CAP STAMPED "VOLT- 1928" IN THE SOUTH LINE OF SAID LOT 1 AND THE NORTH RIGHT -OF WAY LINE OF MADDOX AVENUE (VARIABLE WIDTH RIGHT -OF -WAY), SAID IRON ROD BEING THE BEGINNING OF A CURVE TO THE RIGHT; THENCE ALONG THE SOUTH AND WEST LINE OF SAID LOT 1 AS FOLLOWS: (1) NORTHWESTERLY, AN ARC LENGTH OF 78.01 FEET, ALONG SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 48.28 FEET, A DELTA ANGLE OF 92'34'23 AND A CHORD BEARING N 46'16'54" W, 69.80 FEET; (2) N 00'09'14" W, 82.84 FEET TO A POINT, BEING THE BEGINNING OF A NON- TANGENT CURVE TO THE LEFT; THENCE SOUTHEASTERLY, DEPARTING THE WEST LINE OF SAID LOT 1, AN ARC LENGTH OF 41.79 FEET, ALONG SAID NON- TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 135.00 FEET, A DELTA ANGLE OF 17`44'08 ", AND A CHORD BEARING S 41'36'42" E, 41.62 FEET TO A POINT, BEING THE BEGINNING OF A REVERSE CURVE TO THE RIGHT; THENCE SOUTHEASTERLY, AN ARC LENGTH OF 20.04 FEET, ALONG SAID REVERSE CURVE TO THE RIGHT, HAVING A RADIUS OF 55.00 FEET, A DELTA ANGLE OF 20'52'32 ", AND A CHORD BEARING S 40'02'30" E, 19.93 FEET TO A POINT, BEING THE BEGINNING OF A COMPOUND CURVE TO THE RIGHT; THENCE SOUTHEASTERLY, AN ARC LENGTH OF 45.01 FEET, ALONG SAID COMPOUND CURVE TO THE RIGHT, HAVING A RADIUS OF 125.00 FEET, A DELTA ANGLE OF 20'37'58 ", AND A CHORD BEARING S 19'17'15" E. 44.77 FEET TO A POINT, BEING THE BEGINNING OF A COMPOUND CURVE TO THE RIGHT; THENCE SOUTHWESTERLY, AN ARC LENGTH OF 20.59 FEET, ALONG SAID COMPOUND CURVE TO THE RIGHT, HAVING A RADIUS OF 43.00 FEET, A DELTA ANGLE OF 27'26'22 ", AND A CHORD BEARING S 04'44'55" W, 20.40 FEET TO A POINT, BEING THE BEGINNING OF A REVERSE CURVE TO THE LE FT; THENCE SOUTHWESTERLY, AN ARC LENGTH OF 20,65; ALONG SAID REVERSE CURVE TO THE LEFT, HAVING A RADIUS OF 60.00 FEET, A DELTA ANGLE OF 19'43'02 ", AND A CHORD BEARING S 08'36'35" W, 20.55 FEET TO A POINT; THENCE S 45'41'15" E. 2.49 FEET TO A POINT IN THE SOUTH LINE OF SAID LOT 1 AND THE NORTH RIGHT -OF -WAY LINE OF SAID MADDOX AVENUE; THENCE S 87'50'57" W, ALONG THE SOUTH LINE OF SAID LOT 1 AND THE NORTH RIGHT -OF -WAY LINE OF SAID MADDOX AVENUE, 1.60 FEET TO THE PLACE OF BEGINNING AND CONTAINING 0.109 ACRES (4,741 SQUARE FEET) OF LAND, MORE OR LESS. S T GREGG A E;µ u THIS SURVEY WAS MADE ON THE GROUND UNDER THE DIRECT SUPERVISION OF GREGG A.E. MAOSEN, R. P.L.S. NO 5798 DURING THE MONTHS OF OCTOBER THRU NOVEMBER 2DI1. ALL BEARINGS RECITED HEREIN ARE CORRELATED TO THE TEXAS STATE PLANE COORDINATE SYSTEM, NORTH CENTRAL ZONE 4202. NAD OF 1983. REFER TO THE ACCOMPANYING EXHIBIT ATTACHED HERETO AND MADE A PART HEREOF. REVISIONS PROEcT: MIDSTREAM e X S G A S S E R V C E S DRAWN BY LIR CHECKED BY JA SEGMENT 10. 00000 VARIABLE WIDTH PERMANENT SIDEWALK EASEMENT CITY OF TORT WORTH, TARRANT COUNTY, TEXAS CHESAPEAKE LAND DEVELOPMENT Co., LI. C. NO. DATE BY DESCRIPTION Cw DATE- ��- 09-20tI WA W1 PREFAB NG TRS EXH�B T: //Q►� WIER 6 ASSOCIATES INC. SHEET 2 j SCALE N/A DWG. FILE TX— TARR —HISB- 014. DO— SE.dwq REV.