HomeMy WebLinkAboutContract 44719 (2)cmaECRErnRv �
CONTRACT NO. �. I i I � 1
EASEMENT AND RIGHT OF WAY
THE STATE OF TEXAS
District: Fort Worth
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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 a variable 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" ATTACHED (which is made part hereof)
Together with 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 facilities within the above described easement and right-of-
way; 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 other materials from such
property and restore such property to the same condition it was prior to the commencement of
Grantee's construction thereon or in proximity thereto.
Grantor shall not be liable to Grantee for any damage to said ease ent-or Grantee'
Facility or other contents thereof, except when caused by the willful miscor'cI�TIPAORp
CITY SECRETARY
PrCEIVED AUG 16 2013 F.T. WORTH, TX
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 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 when the claim is by, through or under Grantor, but not otherwise.
EXECUTED this i day of July, A. D. 2013.
GRANTOR: CITY OF FORT WORTH
By: 5.th
Fernando Costa, Assistant City Manager
PPROVED AS TO FORM AND LEGALITY
By: l
, (ia,a6c_
Assistant City Attorney
GRANTEE:
Accepted by:
ONCOR ELECTRIC DELIVERY COMPANY LLC
B
ederick Garza, j ftorrley-In-Fact
OPHLAAL RECORD
CITY SECRETARY
FT. WORTH, TX
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, on this day personally appeared Fernando
Costa, 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 executed the same for the purposes and consideration therein expressed, in the capacity
therein stated and he is authorized to do so.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this J day of
July, A. D. 2013
EVONIA DANIELS
Notary Public, State of Texas
My Commission Expires
July 10, 2017
STATE OF TEXAS
COUNTY OF TARRANT
§
tary Public in and for the State of Texas
BEFORE ME, the undersigned authority, on this day personally appeared Frederick
Garza,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 he executed the same for the purposes and consideration therein
expressed, in the capacity therein stated and he is authorized to do so.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this
KV.k
Return to:
Oncor Electric Delivery Company
Right of Way Department
Attn: Melissa Norgren
115 W. 7th Street, Suite 1017
Fort Worth, TX 78102
, A. D. 20
1- \ day of
Notary Public in and for the State of Texas
MELISSA NORGREN
pY PU i
*. `e'': Notary Public, State of Texas
- My Commission Expires
May 25, 2015
.11
ONCOR ELECTRIC DELIVERY COMPANY, LLC EASEMENT
PROJECT NAME: CITY OF FORT WORTH PUBLIC SAFETY TRAINING CENTER
OWNER: CITY OF FORT WORTH
JOHN THORNHILL SURVEY, ABSTRACT No. 1519
5101 HEMPHILL STREET, FORT WORTH, TARRANT COUNTY
EXHIBIT "A"
Being a 0.198 acre tract of land situated in the John Thornhill Survey, Abstract No. 1519, City of
Fort Worth, Tarrant County, Texas, said 0.198 acre tract of land being a portion of a 74.664 acre
tract of land (by deed) deeded to the City of Fort Worth as recorded in County Clerk's File No.
D211188436 of the Deed Records of Tarrant County, Texas, said 0.198 acre tract of land being
more particularly described by metes and bounds as follows:
BEGINNING at a 4 inch steel post found for the southwest corner of said 74.664 acre tract of
land, said 4 inch steel post being the intersection of the existing east right-of-way line of
Hemphill Street (a variable width right-of-way) with the existing north right-of-way line of
Thelin Street (a 60.0' right-of-way), from which a brass capped monument stamped "United
States of America Property Corner" found in concrete bears North 45 degrees 00 minutes 00
seconds East, a distance of 3.00 feet;
THENCE North 00 degrees 14 minutes 32 seconds East, with the existing east right-of-way line
of said Hemphill Street and with the west line of said 74.664 acre tract of land, a
distance of 107.75 feet to a brass capped monument stamped "United States of
America, Property Corner" found in concrete for corner;
THENCE North 01 degrees 19 minutes 59 seconds West, with the existing east right-of-way
line of said Hemphill Street and with the west line of said 74.664 acre tract of land, a
distance of 400.15 feet to a brass capped monument stamped "United States of
America, Property Corner" found in concrete for corner;
THENCE North 00 degrees 14 minutes 32 seconds East, with the existing east right-of-way line
of said Hemphill Street and with the west line of said 74.664 acre tract of land, a
distance of 160.00 feet to a point for corner, from which a brass capped monument
stamped "United States of America, Property Corner" found in concrete for reference
bears North 90 degrees 00 minutes 00 seconds East, a distance of 2.00 feet;
THENCE North 05 degrees 03 minutes 35 seconds East, with the existing east right-of-way line
of said Hemphill Street and with the west line of said 74.664 acre tract of land, a
distance of 192.12 feet to a point for corner;
THENCE North 86 degrees 07 minutes 13 seconds East, a distance of 10.12 feet to a point for
corner;
THENCE South 05 degrees 03 minutes 35 seconds West, a distance of 193.27 feet to a point for
corner;
Exhibit A Page 1 of 2
THENCE South 00 degrees 14 minutes 32 seconds West, a distance of 159.44 feet to a point for
corner;
THENCE South 01 degrees 19 minutes 59 seconds East, a distance of 400.15 feet to a point for
corner;
THENCE South 00 degrees 14 minutes 32 seconds West, a distance of 107.91 feet to a point for
corner in the south line of said 74.664 acre tract of land, said point being in the
existing north right-of-way line of said Thelin Street;
THENCE North 89 degrees 37 minutes 29 seconds West, with the south line of said 74.664 acre
tract of land and with the existing north right-of-way line of said Thelin Street, a
distance of 10.00 feet to the POINT OF BEGINNING and containing 8,604 square
feet or 0.198 acres of land, more or less.
Notes:
(1) A plat of even survey date herewith accompanies this legal description.
(2) All bearings are referenced to true north.
Date: May 15, 2013
er
stered Professional Land Surveyor
5254
Exhibit A Page 2 of 2
UNE TABLE
I UNE BEARING DISTANCE
L-1 N 00'14'32"E 107.75'
L-2 N 01'19'59'W 400.15'
I L-3 N 00'14'32"E 160.00'
L-4 N 05'03'35"E 192.12'
L-5 N 86'07'13"E 10.12'
L-6 S 05'03'35 193.27'
L-7 S 00' 14'32 159.44'
L-8 S 01'19'59"E 400.15'
L-9 S 00'14'32 107.91'
L-10 N 89'37'29 10.00'
30\-\\SUVE
cc rr N
JO PBJ‘��vPOINT FROM WHICH
A BRASS CAPPED MONUMENT
STAMPED "UNITED STATES OF
AMERICA PROPERTY CORNER"
FND IN CONCRETE BEARS
N 90'00'00"E 2.00'
FND IN CONCRETE
UNITED STATES OF AMERICA
TRACT No. 39
VOLUME 1615, PAGE 25
D.R.T.C.T.
ONCOR ELECTRIC DELIVERY
COMPANY, LLC EASEMENT
ACQUISITION AREA
8,604 SQ. FT. OR
0.198 ACRES
BRASS CAPPED MONUMENT
STAMPED "UNITED STATES OF -----
AMERICA PROPERTY CORNER"
FND IN CONCRETE
EXHIBIT "B
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J
BRASS CAPPED MONUMENTS
STAMPED "UNITED STATES OF J ILLJQ :I
AMERICA PROPERTY CORNER" W 3 -
1-o
J �
J
P.O.B.
FND 4°STEEL POST FROM WHICH
A BRASS CAPPED MONUMENT
STAMPED "UNITED STATES OF
AMERICA PROPERTY CORNER"
FND IN CONCRETE BEARS
N 45'00'00"E 3.00'
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11 1
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30.0' PERMANENT
PIPELINE EASEMENT
TO TEXAS MIDSTREAM
GAS SERVICES
—C.C.F. No. D209195733
D.R.T.C.T.
EASEMENT AGREEMENT
C.C.F. No. D211188436
D.R.T.C.T.
74.664 ACRES (BY DEED)
CITY OF FORT WORTH
C.C.F. No. D211188436
D.R.T.C.T.
O\
<O
716)'A4->,O\
DO 5 g88 13 �Fj'S
ME
j
VOLU
OVERHEAD
FIBEROPTIC EASEMENT
C.C.F. No. D211188436
D.R.T.C.T.
PORTION OF HEMPHILL STREET
CONDEMNED BY THE
UNITED STATES OF AMERICA
CIVIL JUDGMENT No. 1395
50.0' x 150.0'
ACCESS EASEMENT
VOLUME 7715, PAGE 722
D.R.T.C.T.
T b, BLOC,FiDRS
UGS o'DYi'H5s pAGE
NOTES:
1. A LEGAL DESCRIPTION OF EVEN SURVEY DATE HEREWITH ACCOMPANIES THIS PLAT.
2. ALL BEARINGS ARE REFERENCED TO TRUE NORTH.
ONC R ELECTRIC DELIVERY
115 WEST 7th STREET • FORT WORTH, TEXAS • 76102-7033
CITY OF FORT WORTH PUBLIC SAFETY TRAINING CENTER
TRACT No.1
OWNER: CITY OF FORT WORTH
JOHN THORNHILL SURVEY, ABSTRACT No. 1519
ACQUISITION AREA: 8,604 SQ. FT. OR 0.198 ACRES
JOB No. HGAI_1201.00 DRAWN BY: JPH I CLAD FIVE: HC>AL.1201JEEDERM_01P03J200.DAC
DATE: MARCH 15 2013 EXHIBIT B PAGE 1 OF 1 SCALE 1" a 200'
GORRONDOt'A do ASSOCIATES NC. • 7524 JACK NEWELL BOULEVARD SOUTH FORT WORTH TX. 76118 •
200 100 0 200
SCALE IN FEET
ACQUISITION
LOCATION
J
SUBJECT TRACT &
LOCATION OF ACQUISITION
OF Tom,
�?�c\..RFo�y.
JON L. COOPER
r' °A 2
JOOPER
R I RED -. OFESSIONAL
N i .254 TEXAS FIRM
11-496-1424 FAX 817- 9b-1768
D SURVEYOR
0. 10106900
MARY LOUISE GARCIA
COUNTY CLERK
100 West Weatherford Fort Worth, TX 76196-0401
PHONE (817) 884-1195
ONCOR ELECTRIC DELIVERY CO
115 W 7TH ST STE 1017
FT WORTH, TX 76102
Submitter: ONCOR ELECTRIC DELIVERY
COMPANY LLC
DO NOT DESTROY
WARNING - THIS IS PART OF THE OFFICIAL RECORD.
Filed For Registration: 7/26/2013 8:50 AM
Instrument #: D213195964
E 7 PGS $36.00
jfiGuol `ffLG-4 r-eFr:
D213195964
ANY PROVISION WHICH RESTRICTS THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY
BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW,
M&C Review Page 1 of 1
Official site of the City of Fort Worth, Texas
CITY COUNCIL AGENDA FORTIC
COUNCIL ACTION: Approved on 7/9/2013
DATE: 7/9/2013 REFERENCE NO.: L-15573 LOG NAME: 17FELIXONCOR
CODE: L TYPE: NON -CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Easement and Right -of -Way Agreement with Oncor Electric Delivery Company,
LLC, for Relocation of Electric Lines and Equipment at Public Safety Training Facility
Located at 501 West Felix Street (COUNCIL DISTRICT 9)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the grant of an easement to Oncor Electric Delivery Company, LLC, over City -owned
property located at 501 West Felix; and
2. Authorize the execution and recording of an Easement and Right -of -Way Agreement with Oncor
Electric Delivery Company, LLC.
DISCUSSION:
The City of Fort Worth acquired the property located at 501 West Felix in 2011 for the construction of
a new public safety training facility. Site preparation is underway on the property. In order to
accommodate the site plan of the new training center, it is necessary to relocate an existing Oncor
Electric Delivery Company, LLC, easement currently crossing the property. The realigned easement
will run adjacent to the east right-of-way line of Hemphill Street, which forms the western boundary of
the new public safety training facility site. Funding for relocation of the easement was included in the
original project budget approved on August 21, 2012 (M&C C-25798). No additional funds are
required.
This property is located in COUNCIL DISTRICT 9, Mapsco 91 N.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that this action will have no effect on City
funds.
TO Fund/Account/Centers FROM Fund/Account/Centers
Submitted for City Manager's Office bv: Fernando Costa (6122)
Originating Department Head: Cynthia Garcia (8187)
Additional Information Contact: Robin Bentley (7315)
ATTACHMENTS
Oncor Easement Plat.Ddf
http://apps.cfwnet.org/council packet/mc_review.asp?ID=18546&councildate=7/9/2013 07/10/2013