HomeMy WebLinkAboutContract 56358 ENTRY AGREEMENT CSC No. 56358
This Agreement made this 23 day of September,20 21, ("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 or use the Property.
2. Term.
The term of this Right of Entry shall commence on October 13, 2021 and continue in
effect for sixty (60) days. BNSF shall have the right to terminate this Agreement
upon 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: (817) 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, TX
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
HIND, 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 may 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 October 13, 2021.
Page 2 of 4
ENTRY AGREEMENT
OWNER:
CITY OF FORT WORTH BNSF:
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By:Dana Burghd off( p 23,20 12:18 CDT) By:
Dana Burghdoff Name: Charles Kepner
Assistant City Manager Title: 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 Orman e and reporting requirements.
Name: *y" ere
Title: Real Property Manager
Date: 9/22/2021
APPROVED AS TO FORM AND LEGALITY:
By:
Matthew A. Murray
Assistant City Attorney
Date: Sep 22, 2021
ATTEST: oaa4onn��
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FORro��
By G � °° °�1dRonald Gonzales vo0=dCity Secretary � *�d
0
Sep 23, 2021 '�a °°
Date: °°°°°°° �
��nEXAS.oAp
Form 1295: Not required
Contract Authorization:
M&C: Not required
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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ENTRY AGREEMENT
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
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.
SITE
irl7r OF ALLMCE WESTFuRT AOON.
l BLOCK 3. LOT 'RR4217
�� CFrY BOUNDARY SFLU
A SWLY
�({ CORNER OF
y l� BLOCK 3.
1.07 i R
f UU^!ll 3" TxDOT
BRASS CAE'
r1 P! f 1400 INTERMODAL PARKWAY / �N''p / r-SE'LY CURNER f
I $G �x} OF BLOCK a. LOT IR
—OH LLC FOUND a' TxDOT
VICINITY MAP NT5 � nCC4UNT 42414521� ALLUWINUiI CAP
BNSF RY A y /
N-
R= 818.7B'
L= 17.69'
DELTA= 1"15`18"
CHORD B= N93°47'46"E
CHORD D= 17.69'
P.O.B. /
/
~ ��---- --- 1.358 S.F. t
0.0312 ACRES f
N
LEGEND
- iAcrker 1—d "os noted"
P.0,G,-Paint Of Commencing 5CALE I' = IQV
P_O.9.=Point Of Be nin NOTE: LESAL DESCRIPTION TO
g^ e AC�_GMF•,Nr THIS SURVEY SKETCH
TRACT 20-G8,DRAINAGE EASEMENT, 5501E.&1Jeview ASpa:s00
FROM THE CITY OF FORT WORTH Eau k..WCRSoiII
TO BNSF Ry CONTAINING Tel:(T2D)259A323 SURVWEST
LLO312 ACRES,MURE LIR LESS SLtRYEy,,MAPPW uTLITvfSLE HEAL EST-TE
STATE:TEXAS I COUNTY;TAWMT I DATE:G3 0913U PAGE CF 7
Page 4 of 4
Signature:
Steve (Sep 22,202114:21 CDT)
Email: Stephen.Cooke@fortworthtexas.gov