HomeMy WebLinkAboutContract 56781-A1 Date Received: 01/26/2022 Permit No.: SWFMA-21-0066
Time Received: 9:20AM City Secretary No.: 56781-A1
AMENDMENT
TO CITY SECRETARY CONTRACT NO. 56781
STORMWATER FACILITY MAINTENANCE AGREEMENT
This AMENDMENT TO CITY SECRETARY CONTRACT NO. 567819
STORMWATER FACILITY MAINTENANCE AGREEMENT is made and entered into by
and between the CITY OF FORT WORTH, a municipal corporation of Tarrant County,
Texas, acting herein by and through its duly authorized Director of Development Services,
hereinafter referred to as the "City", Pioneer Point Owners Association "Association",
acting herein by and through its duly authorized representative as Assistant Vice President, and
Oncor Electric Delivery "Oncor", acting herein by and through its duly authorized
representative.
RECITALS
WHEREAS, the City of Fort Worth ("City") and Pioneer Point Owners Association
made and entered into City Secretary Contract No. 56781 (the "Agreement") to authorize the use of
on-site stormwater management facilities (the "Facility") to be constructed and maintained on
a portion of Landowner's property; and
WHEREAS,the Agreement was recorded with the property records of the Tarrant County
as document No. D221355356 which is one and the same as City Secretary Contract 56781.
WHEREAS, it advisable to execute this Amendment to the Agreement to include exhibit
"E" in the Agreement to depict limitations on Oncor Electric Delivery Company right-
of-way added to the original agreement; and
NOW THEREFORE, City and Landowner, acting herein by and through their
duly authorized representatives, enter into the following that amends the Agreement:
OFFICIAL RECORD
Revised 11/19/2020 JLE CITY SECRETARY
FT. WORTH, TX
1.
This Amendment shall be filed with the City Secretary as an amendment to the Agreement
and also recorded among the land records of Tarrant County, Texas, and shall constitute a covenant
running with the land, and shall be binding on the Landowner, its administrators, executors, assigns,
heirs and any other successors in interests, including any property owners association.
2.
All other provisions of the Agreement which are not expressly amended herein shall remain
in full force and effect
EXECUTED on this the 21st day of January 2022
REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
Revised 11/19/2020 JLE Page 2 of 4
CITY: PlonqorVont Owners Association, Inc
DJ Harrell 21,2022 17:44 CST)
DJ Harrell,
Development Services Director
City of Fort Worth
Date: Jan 21, 2022 Late.
Approved as to Form and Legality:
Oncor Electric 77�
Christa R.Lopez-Reynolds(Jan 19,2 210' ST)
Christa R. Lopez-Reynolds, By: WWW
Sr. Assistant City Attorney PeeCity Attorney's Office Name: ' S M
Date: Jan 19, 2022 Title: ac nay
Date:
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.7�`I`IG��G d GDOG��GG w o o=� Contract Compliance Manager:
Jannette S.Goodall(Jan 26,2022 08:14 CST) �j�it o o y
T °° o T,d By signing I acknowledge that I am the
Jannette Goodall, aa�� EXAs�ap person responsible
City Secretary for the monitoring and administration of
City of Fort Worth
this contract, including
Date: Jan 26,2022 ensuring all performance and reporting
requirements.
Janie S. Morales, Planning Manager
Development Services
Date: Jan 19, 2022
OFFICIAL RECORD
CITY SECRETARY
Revised 11/19/2020 JLE FT. WORTH, TX
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on Jan 21, 2022 by DJ Harrell,
Development Services Director of the City of Fort Worth, on behalf of the City of Fort Worth.
Bichson Digitally signed byBichson
Nguyen
YpUe/ BICH SON THI NGUYEN Nguyen Ofi DD'o2201.2410:05:21
_ Notary Public
+ + STATE OF TEXAS Notary Public, State of Texas
Notary I.D. 133389224
9�FOF My Comm.Exp.Oct. 13,2025
STATE OF 'Tt Va S §
COUNTY OF TA V V A yl - " §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
1'ey a S , on this day personally appeared 0(vi j q Ki j h IM . Cl AV I(- (name),
We s i d e vi+ (title), known to me to be the person whose
name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the
same for the purposes and consideration therein expressed, as the act and deed
of Plo yieet- Pc iyrf OWvievs pk -socict+j ovil lv1C (entity), a
l Vic vp0V-Cr on (entity type) and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this ~' day
of t)CCe h.e
���ruirp RUTH RESENDEZ
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Public, State of Texas ���^
moo:• ,Notary [�l
2• yz IfPs t 1-01-2022
W..�, Comm. Exp
,_: Notary ID 131781375 Notary Public, State of
OFFICIAL RECORD
Revised 11/19/2020 JLE CITY SECRETARY
FT. WORTH, TX
STATE OF_ � §
COUNTY OF ft4tn7 §
BEFORE ME, the undersigned authority, a Notary Public in andfor the State of
on this day personally appearedTWII&ON e Q r4 / (name),
A��rh t —r n- � (title), known to me to be the person whose
name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the
same fora the purposes and consideration therein expressed, as the act and deed
of kpi Cay' �l�e�7'�c t`i�^el y (entity), a
�,` ;'f (entity type) and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this —day
of c_e..4 , 20 Z(_.
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OFFICIAL RECORD
CITY SECRETARY
Revised 11/19/2020 JLE FT. WORTH, TX
LIMITATIONS ON
Oncor ELECTRIC DELIVERY COMPANY RIGHT OF WAY
EXHIBIT "E"
1. You are notified, and should advise your employees, representatives, agents, and contractors,
who enter the property that they will be working in the vicinity of high voltage electrical facilities
and should take proper precautions, included but not limited to the following stipulations and in
compliance, at all times, with Chapter 752, V.T.C.A., Health & Safety Code.
2. Blasting is not to be permitted on Oncor right-of-way or under Oncor lines.
3. Construction on electric transmission line easements acquired by Oncor after January 1, 2003
shall comply with the requirements of Public Utility Commission Substantive Rules§25.101, as
amended from time to time.
4. No crossing less than 45 degrees to the centerline of the right-of-way.
5. Grading will be done in order to leave the right-of-way as near as possible to present condition.
Spoil dirt will be removed from the right-of-way and no trash is to be left on right-of-way. Slopes
shall be graded so that trucks can go down the right-of-way when required and such that the
slopes can be mechanically maintained.
6. Equipment and materials will not be stored on the right-of-way during construction without
written approval of the Supervisor of Regional Transmission.
7. Street or road crossings are to be based on drawings submitted. Any change in alignment or
elevation will be resubmitted for approval.
8. No signs, lights or guard lights will be permitted on the right-of-way.
9. Power line safety equipment operations: hazard assessment and precautions inside the work
zone area must be performed and in compliance with OSHA Standard §1926.1408 at all times.
Equipment shall not be placed within fifteen (15)feet of the Oncor 138,000 volt or less power
lines or within twenty(20)feet of the Oncor 345,000 volt power lines.
10. Any pre-approved fencing will not exceed eight(8)feet in height, and if metal in nature, will be
grounded, at ten(10)feet intervals,with an appropriate driven ground. Gates should be at least
sixteen (16)feet in width to allow Oncor access to the right-of-way.
11. No dumpsters will be allowed on Oncor right-of-way or fee owned property.
12. Draglines will not be used under the line or on Oncor right-of-way.
13. The existing grade shall not be disturbed,excavated or filled within 25 feet of the nearest edge
of any Oncor transmission structure (tower, pole, guy wire, etc...).
14. Right-of-way will be protected from washing and erosion by Oncor approved method before any
permits are granted. No discharging of water will be allowed within any portion of the right of
way. Drainage facilitation will not be allowed to discharge into/onto Oncor right-of-way.
15. No obstruction shall be installed on the right-of-way that would interfere with access to Oncor
structures or prevent mechanical maintenance.
16. Before any work is done under Oncor lines or by Oncor structures notify the Region
Transmission Department, 817-496-2746
17. No hazardous materials will be stored on the right of way.
18. For purposes of this document, "Hazardous Materials"means and includes those substances,
including, without limitation, asbestos-containing material containing more than one percent
(1%) asbestos by weight, or the group of organic compounds known as polychlorinated
biphenyls, flammable explosives, radioactive materials, chemicals known to cause cancer or
reproductive toxicity and includes any items included in the definition of hazardous or toxic
waste,materials or substances under any Hazardous Material Law. "Hazardous Material Laws"
collectively means and includes any present and future local,state and federal law relating to the
environment and environmental conditions including, without limitation, the Resource
Conservation and Recovery Act of 1976("RCRA"),42 U.S.C.§6901 et seq.,the Comprehensive
Environmental Response, Compensation and Liability Act of 1980, ("CERCLA"), 42 U.S.C.
§§9601-9657, as amended by the Superfund Amendments and Reauthorization Act of 1986
("SARA"), the Hazardous Material Transportation Act, 49 U.S.C. §6901 et seg., the Federal
Water Pollution Control Act, 33 U.S.C. §1251,et sue.,the Clean Air Act,42 U.S.C.§741 et seq.,
the Clean Water Act, 33 U.S.C. §7401 et seq., the Toxic Substances Control Act, 15 U.S.C.
§§2601-2629, the Safe Drinking Water Act, 42 U.S.C. §§300f-330j, and all the regulations,
orders, and decrees now or hereafter promulgated thereunder.
19. Brush and cut timber is not to be piled or stacked on Oncor right-of-way nor is it allowed to be
burned upon or in close proximity to the conductors or towers.
20. No structures or obstructions, such as buildings, garages, barns, sheds, swimming pools,
playground equipment, guard houses, etc., will be permitted on the right-of-way.
21. Landscaping on Oncor right-of-way is permitted when Oncor approves landscaping plans in
writing. No lighting or sprinkler systems are allowed on the right-of-way.
22. No park or park designation will be permitted on the right-of-way.
23. Gas Pipeline Protective Barrier; Grantee, at Grantee's sole expense, shall provide one of the
following protective barriers; 1) a concrete protective barrier between the surface and the pipe
that is a minimum of one(1)foot thick by one(1)foot wide, if pipe is wider than one(1)foot,then
width of pipe,with the top of the concrete barrier to be at least one(1)foot below the surface or
final grade, 2) construct the gas pipeline inside of a proper protective steel casing, 3) where
electric facilities are located above ground, install the pipeline a minimum of ten(10)feet below
the ground surface,or 4)where electric facilities are located below ground, install the pipeline at
a depth that provides for a minimum of a ten (10)foot clearance between the pipeline and the
underground electric facilities.
24. No fire hydrants or manholes will be permitted within the right-of-way.
25. Any drainage feature that allows water to pond, causes erosion, directs stormwater toward the
right-of-way or limits access to or around Oncor's facilities is prohibited. Drainage facilitation will
not be allowed to discharge into/onto Oncor right-of-way.
26. No boring pits or other type of pits will be permitted within the right-of-way.