Loading...
HomeMy WebLinkAboutContract 57425 CSC No.57425 Eagle Mountain—Calmont 138 KV line Eagle Mountain Sw. Deen Sw. 138 KV line D-429 2022-4303CW STATE OF TEXAS § COUNTY OF TARRANT § TEMPORARY ACCESS AGREEMENT City of Fort Worth Project No. 101012 Cromwell Marine Creek Road This Temporary Access Agreement (this "Agreement") is entered into by and between Oncor Electric Delivery Company LLC ("Oncor") and the City of Fort Worth, Texas (the "City"). WHEREAS, the City desires to conduct topographic survey activities as more particularly shown in Exhibit "A" attached hereto (the "Surveying"); upon property owned by Oncor within the W.E. Conwell Survey Abstract 342 and the J.H Conwell Survey Abstract 343, as recorded in Vol. 2652, Page 425, of the Deed Records of Tarrant County, Texas as reflected on Exhibit "B" attached hereto and incorporated herein (the "Property"); WHEREAS, Oncor is willing to grant temporary access to the City to the Property for the sole purpose of conducting the topographic survey upon the terms and conditions contained herein. NOW THEREFORE, for and in consideration of Ten Dollars ($10) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, it is agreed by and between the parties hereto, that: 1. Oncor hereby grants to the City and its contractors, agents and representatives (the "City Parties"), a license for the immediate right of entry upon the Property, with ingress and egress to the Property over and across existing roads and adjacent lands of Oncor, to perform the Investigations, for a period not to exceed 45 calendar days from the effective date hereof (the "Access Period"). The City shall not construct or place upon the Property during the Access Period any equipment or structures intended to be of a permanent nature. The City shall be responsible for locating any surface or subsurface utilities, pipelines or similar underground structures on the Property and for marking same. 2. Although Oncor shall have no responsibility for any actions or omissions by the City, its employees, agents, and representatives (the "City Parties") in connection with the Investigations, the City shall comply, and ensure that all the City Parties comply, at all times during the performance of the Investigations, with applicable federal, state, county and local laws and safety guidelines, as well as the Construction Limitations as set forth in Exhibit "C" attached hereto and OFFICIAL RECORD CITY SECRETARY Temporary Access Agreement-Surveying FT.WORTH,TX incorporated herein. Oncor reserves the right to and may, at any time, terminate the City's right of entry to the Property in the event that the City is not complying with such laws, safety guidelines, and/or the Construction Limitations. 3. The City shall promptly cause to be removed all machinery, equipment, vehicles, as well as all other personal property from the Property no later than the expiration of the Access Period. No later than the expiration of the Access Period, the City will restore, or cause to be restored, at its sole cost and expense, the surface of the Property to as near the condition thereof, existing prior to any entry by the City, as may be practicable, including the restoration of protective vegetation on disturbed areas and the provision of temporary erosion controls until the vegetation is established. 4. To the extent allowed by law, the City agrees to indemnify, defend, and hold harmless Oncor and its respective members, partners, affiliates, officers, directors, shareholders, employees and agents from all claims, liabilities, losses, damages, costs, and expenses (including reasonable attorneys' fees) that are asserted against or suffered or incurred by the City Parties and/or Oncor and that result, directly or indirectly, from the activities of the City Parties on or related to the Property. IT IS THE EXPRESS INTENTION OF THE PARTIES THAT THE FOREGOING INDEMNITY SHALL BE ENFORCED TO THE FULL EXTENT OF APPLICABLE LAW, REGARDLESS OF THE JOINT, CONCURRENT OR COMPARATIVE NEGLIGENCE OR OTHER FAULT OF ONCOR, OR FROM ANY CONDITION OF THE PROPERTY OR SEPARATE OPERATIONS BEING CONDUCTED THEREON. NOTHING IN THIS AGREEMENT SHALL RENDER THE CITY LIABLE TO ANY PERSON FOR ANY ACT OR OMISSION CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF ONCOR, ITS EMPLOYEES, AGENTS AND CONTRACTORS, UPON OR RELATED TO THE PROPERTY OR ANY PART THEREOF. Nothing contained herein shall ever be construed so as to require City to assess, levy and collect any tax to fund its obligations under this paragraph. Article XI Section 5 of the Texas Constitution provides that a city is prohibited from creating a debt unless the city levies and collects a sufficient tax to pay the interest on the debt and provides a sinking fund. City has not and will not create a sinking fund or collect any tax to pay any obligation created under this section. 5. Governing Law. THIS AGREEMENT IS GOVERNED BY AND SHALL BE CONSTRUED IN ACCORDANCE WITH LAWS OF THE STATE OF TEXAS WITHOUT GIVING EFFECT TO ANY CHOICE OR CONFLICT OF LAW PROVISION OR RULE (WHETHER OF THE STATE OF TEXAS OR ANY OTHER JURISDICTION) THAT WOULD CAUSE THE APPLICATION OF THE LAWS OF ANY JURISDICTION OTHER THAN THE STATE OF TEXAS. THE PARTIES MUTUALLY CONSENT TO THE JURISDICTION OF THE FEDERAL AND STATE COURTS IN TARRANT COUNTY, TEXAS AND AGREE THAT ANY ACTION, SUIT OR PROCEEDING CONCERNING, RELATED TO OR ARISING OUT OF THIS AGREEMENT AND THE NEGOTIATION OF THIS AGREEMENT WILL BE BROUGHT ONLY IN A FEDERAL OR STATE COURT IN TARRANT COUNTY, TEXAS AND THE PARTIES AGREE THAT THEY WILL NOT RAISE ANY DEFENSE OR OBJECTION OR FILE ANY MOTION BASED ON LACK OF PERSONAL JURISDICTION, IMPROPER VENUE, INCONVENIENCE OF THE FORUM OR THE LIKE IN ANY CASE FILED IN A FEDERAL OR STATE COURT IN TARRANT COUNTY, TEXAS. Temporary Access Agreement-Surveying Page 2 of 12 6. Entire Agreement. This Agreement sets forth the entire understanding between the parties with respect to the subject matter hereof, and all prior agreements, representations and understandings, oral or written, with respect to the subject matter hereof, shall be, and are hereby declared to be, null, void, and of no further force or effect. This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors. 7. Assignment. This Agreement may not be assigned or transferred by the City without the prior written consent of Oncor. EXECUTED by Oncor and effective this atu_day of r`, , 2022. ONCOR ELECTRIC DELIVERY COMPANY LLC -Wii4aen-Pe ril-P.f. Attorney-in-Fact EXECUTED by the City this 4t h day of Apr it , 2022. THE CITY OF FORT WORTH, TEXAS bay&Q67o F �.p44�0�� By: Dana Burgh doff( r4,202 516 CDT) J asL FORT a� 0s koo-0�000-41 opO000 � 9A.od0' Name: Dana Burghdoffodper*000 d Title: Assistant City Manager Ay 'OP00000° 4Y 400 �EXASogp ATTEST: Q netre S-Goodall(Apr4,202216: DT) Apr 4, 2022 Jannette Goodall, City Secretary Date OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX Temporary Access Agreement-Surveying Page 3 of 12 CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. By: Ura�pA ac Name: Alejandra Ayala Title: Sr.Project Manager APPROVED AS TO FORM AND LEGALITY: By: Name: Matthew A. Murray Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: Not required Form 1295:Not required OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX CO T rt`•� Adt 1-� LC-) I in ':J_ CD r INT ) U d 44CO !�! Q Lu � � I CD CO CQ w Ir _ � IDD •t 4w a� •— — r aeoj smo ldoeL _-'�- 1-=1ANA ' LO} N ... t V A -*mp%oraIY Access Agreement-Surveying w6: ,� Page 4 of'1'2 125_WARHA D"M x$ f T_E Fttt Vol.2652,Pg.425 C, 1p tMair of 0PKtsnm evil Ertl by �lrr err t�tt -. Z9 (A.Un[ttu of TARRANT Nl i'?E;i l That we, Mamie B. McMurtrey, a widow; Howard McMurtrey, joinefl-b7----- my wife, Edna Jewel McMurtrey; and James F. McMurtrey, a single man, of the County of Tarrant State of Texas for and in consideration of the sum of Thirteen thousand, six hundred twenty-two and no/100 - - - - - - - - - - - - - - - - - - -(413,622.00) - - - - - - - - - DOLLARS i to us in hand paid by Texas Electric Dervice Company, a corporation, asfollows: j 1 $13,622.00 all cash in hand paid, receipt of which is hereby acknowledge a i I I C{ i �1 M � I j have Granted,Sold and Conveyed,and by these presents do Grant,Sell and Convey,unto the said Texas Electric Service Company, a corporation, of the County of Tarrant State of Texas all that certain lot, tract or parcel of land, situated in Tarrant County, Texas, des- cribed as follows: -- - _— Out of the W.E.CONWELL SURVEY, Abstract 342, and J.H.CONWELL SURVEY, Abstract 343, Tarrant County, Texas and being more particularly des- cribed as follows: I - BEGINNING at a point in the North property line of the E.F. McMurtrey tract, this being the North property line of a 160 acre tract conveyed by H.M.Murphy et ux to E.F.McMurtrey on the 3rd day of October, 1917, and being more particularly described in Volume 533, Page 597, Deed Records, Tarrant County, Texas and being also the South property line of a 100 acre tract conveyed by Anderson Hunter et ux to Mrs. Eva McLean on the loth day of December, 1912, and being more particularly described in Volume 416, page 12.3, Deed Records of Tarrant County, Texas, said poin bearing South 89 degrees 02 minutes East 20 feet from the East ROW line of the Boat Club Road, County Project 462, for the Northwest corner of this survey; I � Exhibit"B" Temporary Access Agreement-Surveying Page 1 of 4 Page 5 of 12 i THENCE South 89 degrees 02 minutes Fast 225 feet with said property line i to a concrete/monument marked TESCO ROW for the Northeast corner of this survey; i THENCE South 1 degree 03 minutes West 2637.4 feet to a concrete monument marked.TESCO ROW in the South property line of said McMurtrey property, this being also the most Northerly North property line of a tract of land conveyed by R. R. Carpenter et ux to J.H,Rarwise, Jr., on the 5th day of November, 1923, and being more particularly described in Volume 799, page 430, Deed Records, Tarrant County, Texas, and being the South- east corner of this survey; THENCE North 88 degrees 54 minutes West with said property line 225 feet to a concrete monument marked TESCO ROW for the Southwest corner of this . survey; THENCE North 1 degree 03 minutes East 2636.9 feet to a concrete monument marked TESCO ROW this being the place of beginning and containing 13.622 acres of land, f Grantee herein assumes taxes for the year 1954 and all subsequent years. 0 Should. Grantors terrace their remaining adjoining lands within two (2) years from date hereof and as a part of their plan of terracing, desire to extend terraces for the purpose of construction, reconstructing and maintaining such terraces at sole risk, cost and expense of Grantors, Grantee shall not be required to maintain such terracesnor be liable for any destruction of same, and provided that such terrace will not inter- fere with Grantee's use of such land and provided further that such rights shall terminate should. Grantors' adjoining land cease to be used for farming or ranching purposes. TO HAVE AND TO HOLD the above described premises,together with all and singular the rights and appurtenances thereto in anywise belonging unto the said Texas Electric Service Company, a corporation, i heirs and assigns forever and we do hereby bind Ourselves, our heirs,executors and administrators,to Warrant and Forever Defend,all and singular the said premises unto the said Texas Electric Service Company, a corporation, I heirs and assigns,against every person whomsoever lawfully claiming,or to claim the same,or any part thereof. WITNESS Our hands at Fort North, Texas this loth dayof December 19 53. Witness at request of Grantor: s rpN ' - APrarsvea H-ly 0CB®b . .- c Iiirtrgy" d- er.NTEv, NGE C BCARBCRCC6 Edna �eviel . _.... 16 .. .. ... ....... --------- Exhibit"B" Temporary Access Agreement-Surveying Page 2 of 4 Page 6 of 12 SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS, COUNTY OF TARRANT BEFORE ME,the undersigned,a Notary Public in and for said County and State,on this day personally appeared Mamie B. McMurtrey, a widow, known to me to be the person whose name is subscribed to the foregoing instrument,and acknowledged to me that sae executed the same for the purposes and consideration therein expressed. GIVEN UNDER NY HAND AND SEAL OF OFFICE this theZ� day of December A.D.1953. ii SINGLE ACKNOWLEDGMENT t THE STATE OF TEXAS, 19 COUNTY OF TARRANT } BEFORE ME,the undersigned,a Notary Public in and for said County and State,on this day personally appeared James F. McMurtrey, a single man, known to me to be the person whose name is subscribed to the foregoing instrument,and acknowledged to me that he executed the same for the purpoees and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the 92 say a£ December A,D.19`53• Notary Public in and for Tarrant County,Texas. e�z—rxe oes ee..eer,rvausxm,.—e.ue. 1 JOINT ACKNOWLEDGMENT ! THE STATE OF TEXAS, 1 COUNTY OF TARRANT j BEFORE DIE,the undersigned,a Notary Public in and for said County and State,on this day Personally appeared Howard McMurtrey and Edna Jewel McMurtrey his wife,both known to me to be the persons whose names are subscribed to the foregoing instrument,and acknowledged to me that the each executed the same for the y purposes and consideration therein expressed,and the said Edna Jewel McMurtrey wife of the said Howard DICMurtrey having been examined by me privily and apart from her husband,and having the same fully explained to her,she,the said Edna Jewel McMurtrey acknowledged such instrument to be her act and deed,and she declared that she had willingly signed the same for the purposes and consideration therein expressed,and that she did not wish to retract it. ,y2 GIVEN UNDER MY HAND AND SEAL OF OFFICE,this the 2 2 day of December A.D.19 53 S-Tt� Notary Public In andfo Tarrant County..Texas. THE STATE OF�A �X S, -----__. _ COUNTY OF I HEREBY CERTIFY that the foregoing instrument•of wrWng with its certificate of authentiention,was firmed for record in my office on the day of DEC 22 1953 ,A.D.19 aty'o,fo,clock U• M., and was duly recorded by me on the day of DEC 241953 A.D.19 in Vol.��'a"l�page �/aJ--,of the Records of said County. WITNESS MY HAND and the Seal of the County Court of said County,at my office in IFOAT WORTR, TEXAS the day and year last above written. MELVIN"MEL"FAULK County Clerk County,Texas. BY......4e. --- ...:.�f'� .-. Deputy. 1 Exhibit"B" Page 3 of 4 Temporary Access Agreement-Surveying Page 7 of 12 i I , I I I H m CD 1II - rt W m m i ' J •�h�.ttfla� �' y :r I� 0; 't ii,341. tAb a ��':� '•t1C M ,�s i ,� I 'OU j ! -Alit c'I I z O I fh,, H ifi' lyf G+j t LL e j'' J o 0 ct jp I II II I I i I i I I I tv I i Exhibit"B" Page 4 of 4 Temporary Access Agreement-Surveying Page 8 of 12 CONSTRUCTION LIMITATIONS ON ONCOR ELECTRIC DELIVERY COMPANY RIGHT OF WAY EXHIBIT "C" 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. Temporary Access Agreement-Surveying Page 9 of 12 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 Temporary Access Agreement-Surveying Page 10 of 12 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 sec., 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 sec., the Clean Air Act, 42 U.S.C. §741 et sec., the Clean Water Act, 33 U.S.C. §7401 et sec., 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 Temporary Access Agreement-Surveying Page 11 of 12 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. Temporary Access Agreement-Surveying Page 12 of 12