HomeMy WebLinkAboutContract 42478 clTy SECRETARY District: FW North
CONMCT NO,4 3 SA--7 WR#: 3132783
G L N: 3807551-3593169
E R#: 3
EASEMENT AND RIGHT OF WAY
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TARRANT §
That CITY OF FORT WORTH, hereinafter called "Grantor," whether one or more, for
and in consideration of Ten and No/100 Dollars ($10.00) and other valuable consideration to
Grantor in hand paid by ONCOR ELECTRIC DELIVERY COMPANY LLC, a Delaware limited
liability company, 1616 Woodall Rodgers Freeway, Dallas, Texas 75202-1234, hereinafter
referred to as"Grantee", has granted, sold and conveyed and by these presents does grant,
sell and convey unto said Grantee, their successors and assigns, an exclusive easement and
right-of-way for overhead and/or underground electric supply, consisting of avariable number
of wires and cables, supporting structures, surface mounted equipment, conduits, and all
necessary or desirable appurtenances over, under,through, across, and upon Grantor's land
described as follows:
SEE EXHIBIT "A & B" ATTACHED (which is made part hereof
Togetherwith the right of ingress and egress along and upon said easement and right-
of-way and over and across Grantor's adjoining properties for the purpose of and with the
right to construct, maintain, operate, repair, remove, replace, reconstruct, abandon in place,
and to change the size and capacity of said facilities; the right to relocate said facilities in the
same relative direction of said easement; the right to relocate said facilities in the same
relative position to any adjacent road if and as such road is widened in the future; the right to
prevent excavation within the easement area; the right to prevent construction of, within the
easement area, any and all buildings, structures or other obstructions which, in the sole
judgment of Grantee, may endanger or interfere with the efficiency, safety, and/or convenient
operation of said facilities and their appurtenances, and the right to trim or remove trees or
shrubbery within, but not limited to, said easement area, to the extent in the sole judgment of
Grantee, as may be necessary to prevent possible interference with the operation of said
facilities or to remove possible hazard thereto. Grantor shall not make changes in grade,
elevation or contour of the land or impound water within the easement area as described
above without prior written consent of Grantee.
Grantee shall properly maintain such property during construction and at the
conclusion of such construction remove all construction debris and Ot from such
property and restore such property to the same condition itwa prior ementof
Grantee's construction thereon or in proximity thereto. OFFS
a RFT ARY
1TY 5
Grantor shall not be liable to Grantee for an damage t s 04 r 4rantee's
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Facility or other contents thereof, except when caused by the willful o-Grantor, its
agents, servants or employees. Grantor and Grantee each agree that if any claim or liability
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shall arise from the joint or concurring negligence of both parties hereto, it shall be borne by
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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 agreement shall be solely
for the benefit of the parties hereto.
Grantee shall, at its own cost and expense comply with all applicable laws, including
but not limited to existing zoning ordinances, governmental rules and regulations enacted or
promulgated by any governmental authority and shall promptly execute and fulfill all orders
and requirements imposed by such governmental authorities for the correction, prevention
and abatement of nuisances in or upon or connected with said premises because of
Grantee's use thereof.
Grantor reserves the right to use the land within the above described easement area
for purposes not inconsistent with Grantee's use of such property, provided such use shall
not, in the sole judgment of the Grantee, interfere with the exercise by the Grantee of the
rights hereby granted.
TO HAVE AND TO HOLD the above described easement and right-of-way unto the
said Grantee, its successors and assigns, until all of said electric lines shall be abandoned,
and in that event said easement and right-of-way shall cease and all rights herein granted
shall terminate and revert to Grantor or Grantor's heirs, successors or assigns; and Grantor
hereby binds himself, his heirs, successors, assigns, and legal representatives, to warrant
and forever defend the above described easement and right-of-way unto Grantee, its
successors and assigns, against every person whomsoever lawfully claiming or to claim the
same or any part thereof.
EXECUTED this day f A. D. 2011.
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XY 00 00 0 GRANTOR: CITY OF FORT WORTH
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APPROVED AS TO FORM AND LEGALITY
Marty 14andrix'j, City $60r4th-q-
By:
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Assistant City Attornp'y
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;ontract Author i zatioa GRANTEE:
q _ 2 ------ Accepted by:
rte ONCDR ICTR IC DELIVERY COM LLC
OFFICIAL V D
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By: TX
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Jill . l rez, Attorn I n-Fact
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STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day personally appeared
�a.n AlaA�s , as the Assistant City Manager of CITY OF
FORT WORTH, 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, in the capacity therein stated and he/she is authorized to do
so.
5j-
GIVEN UNDER MY HAND AND SEAL OF OFFICE this da y of
A. D. 2o1 1.
LINDA M.HIRRUNGER
*' MY COMMISSION EXPIRES N ota ry Public in and for the State 6f Texas
Sip S' FGbWary 2,2014,
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Ttil
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day personally appeared Jill L.
Alvarez,as the Attorney-in-Fact of ONCOR ELECTRIC DELIVERY COMPANY LLC, known to
me to be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that she executed the same for the purposes and consideration therein
expressed, in the capacity therein stated and she is authorized to do so.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
A. D. 2011.
--- �---- °� o P u b I n and for t o ate of Texas
o+"Pv'�, JENNIFER WEKER '�
Notary P',Ablic, State of Texas s
• 'IY Commission Expire: '
mber 05, 20 14
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HPIRAF of JOHN P. = TH.' ROBERT D.
THOA&AF SUR B7r BE A57 SURVFY
!bstracct No. 1325 =W 14 bstract No. 1293
0
LOT % BLOCK 1 air°° o y�
N 'y ROCKWOOD GOLF R 5/8
CITY OF FORT WORTH, a COURSE ADDITION, t
A MUNICIPAL CORPORATION� AN ADDITION TO THE
VOL. 968, PG. 144 i C1 TY OF FORT WORTH •
T.C.T. P.C. A, S. fi 13
D.R.
P.R.T.C.T. CITY OF FORT WORTK TEXAS,
A MUNICIPAL CORPORATION
/ VOL. 9 73, PG. 129
D.R.T.C.T.
SCALE: 1" = 1 DO'
N 25'47'05"E ,1�� 1N Ccur ONCRETE
D � SI7 E LOCO TION
10.00' =pfi t/r N T.S.
N •
PONT OF
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,w s`r KELLY PARK
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s'oraMre a.Ecnec aQACrr
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S 2647`05"W y}�
10.00
10' ONCOR ELECTRIC `
DEUVFRY
COMPANY F45EMENT NaTLr-'BEARROGS
®cORMArav aErw¢N
CON7 X AKVA 0vrs ARE
PER PLAT eALCULA ors:
N&r09*50 E
Oncor Electric Delivery Company LLC Easement
Being a ten feet wide easement situated in the HEIRS OF JOHN P. THOMAS SURVEY, Abstract
No. 1325, Tarrant County, Texas described in deed to City of Fort Worth, a Municipal Corporation,
recorded in Volume 968, Page 144, Deed Records, Tarrant County, Texas and in Lot 1, Block 1,
ROCKWOOD GULF COURSE ADDITION, an addition to the City of Fort Worth, Tarrant County, Texas,
according to the plat recorded in Plat Cabinet A, Slide 613, Plat Records, Tarrant County, Texas,
and further being described by metes and bounds as follows.
BEGINNING at a point in said City of Fort Worth, a Municipal Corporation tract, from which
an "X" cut in concrete found in the west line of said Lot 1, bears N 70'3,2'02" E, 206.19 feet;
THENCE S 63'12'55" E, 247.17 feet to a point, from which a 518" irons rod found for the
most easterly corner of said Lot 1 and in the southwesterly line of Jacksboro Highway (State
Highway No. 199), bears N 45'48'22" E, 578.39 feet;
THENCE S 26'47'05" W, 10.00 feet to paint;
THENCE N 63'12'55" W, 247.17 feet to a point;
THENCE N 26'47'05" E, 10.00 feet to the POINT OF BEGINNING, and containing within these
calls 0.057 acres or 2,472 square feet of land.
EXHIBIT A
n7S EAsarExr grow WAS n'
LECALL AS
-7 zo 1 10' WIDE ONCOR ELECTRIC DELIVERY
COMPANY LLC EASEMENT
�E s� LAW SWWn re
„E,s AVOSM,av„O. 5 ROCKWOOD GOLF COURSE ADDITION
AND THE HEIRS OF JOHN P. THOMAS
cross &t-irveymg SURVEY, ABSTRACT NO. 1325
INC
CITY OF FORT WORTH
TARRANT COUNTY
W1 rW"re=Bvo.,srF 418. OrwOUH,rx 616 , TEXAS
(817)0&OM-(8 FAX
110033-1 cc
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HEZRS of J0HN P. THE ROBERT 0.
THD14S SURVEY REEVES SURvE l
Abstract No. 13,95 !W Abstract No. 12993
D P� •,�x a
LOT 1, BLOCK flocoo
/ �,
N �y ROCKWOOD GOLF / R F
C17Y OF FORT WORTH, ! COURSE ADDITION, / \.•
A MUNICIPAL CORPORATION� AN ADDITION TO THE
VOL. 968, PG. 144 ! CITY OF FORT WORTH /
D.R.T.C.T. i P.C. As S. 613 /
P.R.T.C.T. / CITY OF FORT WORTH, TEXAS,
/ A MUNICIPAL CORPORATION
VOL 973, PG. 129
! yg/ D.R.T.C.T.
SCALE: 1' _ 100'
CUT FOUND �/ SITE LOCATION
IN CONCRETE 5// Iv T.S.l
! /
44.' /
KELLY PARK
V
S 84'5 1'00~ E
77.66' /
N 05.09'00~ E /�- - / ,
63�r 2 55
5.00"
1 3.56 _ -
.J
N 84'5 1'00" W
90.26' ,
5' ONCOR ELECTRIC DELIVERY
COMPANY E4SEUENT ►NOTE;BEAAMS BETWEEN
®CONTROL�AK Y&MADfM ARE
PER PLAT CALCULATE
N 83'09'50 E
Oncor Electric Delivery Company LLC Easement
Being a five feet wide easement situated in the HEIRS OF JOHN P. THOMAS SURVEY, Abstract
No. 1325, Tarrant County, Texas described in deed to City of Fort Worth, a Municipal Corporation,
recorded in Volume 968, Page 144, Deed Records, Tarrant County, Texas and in Lot 1, Block 1,
ROCKWOOD GOLF COURSE ADDITION, an addition to the City of Fort Worth, Tarrant County, Texas,
according to the plat recorded in Plat Cabinet A, Slide 613, Plat Records, Tarrant County, Texas,
and further being described by metes and bounds as follows.
BEGINNING at a point in said Lot 1, from which a 518" iron rod found for the most
easterly corner of said Lot 1 and in the southwesterly tine of Jacksbaro Highway (State Highway
No. 199), bears N 47046'06" t., 596.36 feet;
THENCE N 84"51'00, 90.26 feet to a point;
THENCE N 05"09'00'p E, 5.00 feet to a point, from which an "X' cut in concrete found in
the west tine of said Lot 1, bears N 28'40'44" E, 187.68 feet;
THENCE S 84051'00" E, 77.66 feet to a point;
THENCE S 63"12'55'p E, 13.56 feet to the POINT OF BEGINNING, and containing within these
calls 0.010 acres or 420 square feet of land.
,G OF r
EXHIBIT B
aw
r As
5' SIDE ONCOR ELECTRIC DELIVERY
COMPANY LLC EASEMENT
C�
MMEW E "S
PROF L4W scWVE,,aR ROCKWOOD GOLF COURSE ADDITION
AND THE HEIRS OF JOHN P. THOMAS
MSS ..r��]�n� SURVEY, ABSTRACT NO. 1325
Cway S u
CITY OF FORT WORTH
tit TARRANT COUNTY, TEXAS
MV CAW WW&MD.,STE.4 14 FORT WVUK TX 76110
(817)d9SW75•(e1 7rao FAX 1 10033-2REV cc
City of Fort Worth, Texas
Mayor a n �u nci Communication
COUNCIL ACTION: Approved As Amended on 9/27/2011
DATE: Tuesday, September 27, 2011 REFERENCE NO.: L-15260
LOG NAME: 80ROCKWOOD GOLF COURSE FIRST TEE
SUBJECT:
Conduct a Public Hearing and Authorize the Use of a Portion of Rockwood Golf Course for an Electric
Utility Easement for Lines and Equipment to Service the Ben Hogan Learning Center and Authorize
Granting an Electric Utility Easement to Oncor Electric Delivery (COUNCIL DISTRICTS 2 and 7)
RECOMMENDATION:
It is recommended that the City Council:
1. Conduct a public hearing under the guidelines set forth by the Texas Parks and Wildlife Code, Chapter
28, Protection of Public Parks and Recreational Lands;
2. Find that no feasible or prudent alternative exists for the use of Rockwood Golf Course for the location
of the proposed easement for electric lines and equipment to service the Ben Hogan Learning Center;
3. Find that the proposed electric utility easement includes all reasonable planning to minimize harm to the
parkland and including that the lines and equipment will be constructed in Rockwood Golf Course as
specified on the attached exhibits and as noted in the discussion below;
4. Close the public hearing and authorize use of approximately 0.087 acres of dedicated parkland at
Rockwood Golf Course for an electric utility easement; and
5. Authorize granting an electric utility easement to Oncor Electric Delivery at Rockwood Golf Course:
. Rockwood Golf Course and Rockwood Park are located at 701 North University Drive in Mapsco
52S7 N and 81 M, Q, R, and U, located southwest of Jacksboro Hwy SR1 99, east of Isbell Road,
south of Ohio Garden Road, east of the terminus of Ovid Drive, Inez Drive, and Ester Drive, north of
the Trinity River, in Council District 2 and 7.
DISCUSSION:
The purpose of this Mayor and Council Communication is to authorize the granting of an electric utility
easement to Oncor Electric Delivery (OED) at Rockwood Golf Course for the purpose of installing
electrical lines and equipment for the Ben Hogan Learning Center currently being constructed by the Fort
Worth Junior Golf Foundation, Inc. dlbla The First Tee of Fort Worth (The First Tee).
The Parks and Community Services Department has been approached by The First Tee requesting use of
approximately .057 acres of parkland for an Oncor electric utility easement within Rockwood Golf Course
for the installation of electrical lines and equipment to service their new facility. The easement will give
OED the ability to install one new utility pole, replace two existing poles and install a new transformer to
establish electrical service to the First Tee Building. The electric utility easement is approximately 2,892
square feet.
Logname: 80ROCKWOOD GOLF COURSE FIRST TEE Page 1 of 2
On November 167 24147 the City Council authorized the execution of an amended and restated Lease
Agreement (M&C C-24645) with The First Tee for portions of Rockwood Park and Golf Course for the
development, construction, and operation of a youth golf practice facility and learning center to be known
as the Ben Hogan Learning Center.
In accordance with the Texas Parks and Wildlife Code, Chapter 26, the City of Fort Worth seeks the use
of approximately .467 acres of parkland for the purpose of granting an electric utility easement on park
property.
On August 24, 2411, the Parks and Community Services Advisory Board (PACSAB) endorsed Staffs
recommendation to the City Council to authorize the use of approximately 4.067 acres of parkland in
Rockwood Golf Course as proposed.
In accordance with State law, public notice of the hearing was advertised in the Fort Worth Star-Telegram
on August 30, 2411, September 67 2011, and September 13, 2011. An Exhibit map was available for
public review for 34 days at the PACSD administrative offices located at 4244 South Freeway, Suite 2204.
A letter announcing the proposed use was sent to the president of the Brookside Neighborhood
Association and Crestline Neighborhood Association on September 7, 2411. Signage was posted at the
site noting the proposed use and providing instructions for directing comments to the Parks and
Community Services Department. Staff will note any public comment received during the public hearing
Report of City Staff.
Rockwood Golf Course is located in COUNCIL DISTRICTS 2 and 7 and is classified as a Citywide,
special-use facility.
FISCAL INFORMATION l CERTIFICATION:
The Financial Management Services Director certifies that this action will have no material effect on City
Funds.
FUND CENTERS:
TO Fund/AccounVCenters FROM Fund/Account/Centers
CERTIFICATIONS:
Submitted for City Manag,er's Office by_ Susan Alanis (8184)
Originating Department Head: Richard Zavala (5744)
Additional Information Contact: David Creek (5744)
ATTACHMENTS
1. MAYOR AND COUNCIL COMMUNICATION utility map.,doc (Public)
Logname: 80ROCKWOOD GOLF COURSE FIRST TEE Page 2 of 2