Loading...
HomeMy WebLinkAboutContract 60230Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.3 Agreements and Forms Applicable: Entire Certified Service Area Effective Date: Auqust 19, 2019 6.3.4 Discretionary Service Agreement CITY SECRETARY CCNTRACTNO. Page 1 of 25 Revision: Original This Discretionary Service Agreement ("Agreement") is made and entered into as of the "Effective Date" as defined herein, by Oncor Electric Delivery Company LLC ("Company"), a Delaware limited liability company, and The City of Fort Worth, Texas ("Customer"), each hereinafter sometimes referred to individually as "Party" or both referred to collectively as the "Parties". In consideration of the mutual covenants set forth herein, the Parties agree as follows: 1. Discretionary Services to be Provided: Company agrees to provide, and Customer agrees to pay for the following discretionary services in accordance with this Agreement. Company agrees to remove and replace its existing lattice tower #1112 in the Benbrook - Forest Hill 138 kV Transmission Line, located on the western side of the intersection of McCart Ave. and Altamesa Blvd. in South Fort Worth, with an estimated 1 00'tall above ground line tubular steel monopole 138 kV transmission structure. The new steel pole will be located on the western side/face of the existing lattice tower. The 4 existing piers of the lattice tower will be removed to a depth of 3' below the existing ground line. The cost of the replacement is estimated to be $398,600.00. Company requests that Customer commit per this agreement to install guard rails along the south side of its proposed north bound turn lane during construction for the protection of the existing lattice tower and new steel pole structure, and Customer agrees to do so. Additionally, Company reserves the right to install steel pipe bollards for the new pole's protection, if Company so desires. Customer agrees that it will purchase from Company and Company agrees to sell to Purchaser, two parcels of land in fee title, with Tract One containing approximately 0.795 acre and Tract Two containing approximately 0.786 acre for a total of 1.581 acres of land, both situated in the J. M. B Smith Survey, Abstract 1412, City of Fort Worth, Tarrant County, Texas and more specifically shown and described by metes and bounds on Exhibits "A" & "B" attached hereto and incorporated herein (the "Property"). The special warranty deed conveying the Property will be substantially in the form attached as Exhibit "C" and incorporated herein. Customer shall close on the purchase of the Property no later than October 31, 2023 ("Closing Date"), and the purchase price of the Property shall be $52,000.00, payable on the Closing Date. At the closing of the Property, Customer agrees to execute a transmission easement to Company in substantially the form attached as Exhibit "D" and incorporated herein. Customer and Company understand that Customer has a Project, defined below, that needs to start construction prior to the Discretionary Services being provided in accordance with this Agreement and the Closing Date. Company agrees to license the Property to Customer, at no additional charge, to allow Customers Project, defined below, to move forward. Thus, upon execution of this Agreement, Customer, and the Texas Department of Transportation as Customer's contractor and only to the extent necessary, shall have a license for the right to use the Property to commence Customer's construction project generally described as follows: Roadway intersection safety improvements including relocation of the westbound and eastbound left turn lanes crossing Property, (the "Project"), until the Closing Date, after which the license becomes void. However, if Customer has not purchased the Property on or before the Closing Date, Company and Customer may adjust the Closing Date by mutual agreement. Should Customer fail to purchase the property after the Closing Date, including any extensions thereto, Customer agrees that it will promptly remove all materials and appurtenances and restore the Property to its original condition. During the Project, Customer agrees to allow Company any access it needs to the Property to maintain Company's facilities located on the Property or perform any Discretionary Services associated with this Agreement. 2. Nature of Service and Company's Retail Delivery Service Tariff -- Any discretionary services covered by this Agreement will be provided by Company, and accepted by Customer, in accordance with applicable Public Utility Commission of Texas ("PUCT") Substantive Rules and Company's Tariff for Retail Delivery Service (including the Service Regulations contained therein), as it may from time to time be fixed and approved by the PUCT ("Company's Retail Delivery Tariff'). During the term of this Agreement, Company is entitled to discontinue service, interrupt service, or refuse service initiation requests under this Agreement in accordance with applicable PUCT Substantive Rules and Company's Retail Delivery Tariff. Company's Retail Delivery Tariff is part of this Agreement to the same extent as if fully set out herein. Unless otherwise expressly stated in this Agreement, the terms used herein have the meanings ascribed thereto in Company's Retail Delivery Tariff. 3. Discretionary Service Charges -- Charges for any discretionary services covered by this Agreement are determined in accordance with Company's Retail Delivery Tariff. Company and Customer agree to comply with PUCT or court orders concerning discretionary service charges. 4. Term and Termination -- This Agreement becomes effective on execution by both Darties and continues in effect until completion of discretionary services. Termination of this Agreement does not relieve Company or Customer of any obligation accrued or accruing prior to termination. OFMCRAL RECORD ��'�9�`� 'SECRj ET��$R�/Y Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.3 Agreements and Forms Applicable: Entire Certified Service Area Page 2 of 25 Effective Date: Auqust 19, 2019 Revision: Original 5. No Other Obligations -- This Agreement does not obligate Company to provide, or entitle Customer to receive, any service not expressly provided for herein. Customer is responsible for making the arrangements necessary for it to receive any further services that it may desire from Company or any third party. 6.Governing Law and Regulatory Authority -- This Agreement was executed in the State of Texas and must in all respects be governed by, interpreted, construed, and enforced in accordance with the laws thereof. This Agreement is subject to all valid, applicable federal, state, and local laws, ordinances, and rules and regulations of duly constituted regulatory authorities having jurisdiction. 7. Amendment --This Agreement may be amended only upon mutual agreement of the Parties, which amendment will not be effective until reduced to writing and executed by the Parties. But changes to applicable PUCT Substantive Rules and Company's Retail Delivery Tariff are applicable to this Agreement upon their effective date and do not require an amendment of this Agreement. 8. Entirety of Agreement and Prior Agreements Superseded -- This Agreement, including all attached Exhibits, which are expressly made a part hereof for all purposes, constitutes the entire agreement and understanding between the Parties with regard to the service(s) expressly provided for in this Agreement. The Parties are not bound by or liable for any statement, representation, promise, inducement, understanding, or undertaking of any kind or nature (whether written or oral) with regard to the subject matter hereof not set forth or provided for herein. This Agreement replaces all prior agreements and undertakings, oral or written, between the Parties with regard to the subject matter hereof, and all such agreements and undertakings are agreed by the Parties to no longer be of any force or effect. It is expressly acknowledged that the Parties may have other agreements covering other services not expressly provided for herein, which agreements are unaffected by this Agreement. 9. Notices -- Notices given under this Agreement are deemed to have been duly delivered if hand delivered or sent by United States certified mail, return receipt requested, postage prepaid, to: (a) If to Company: Oncor Electric Delivery Company LLC Attn: Wayne Wright, SR/WA 777 Main Street Suite 707-1334 Ft. Worth, Texas 76102 Wayne.wright@oncor.com 817-948-5970 With copy to: Jessica Sangsvang Legal Department Oncor Electric Delivery 777 Main Street Suite 707-749 Ft. Worth Texas 76102 Jessica.sangsvang@oncor.com 817-215-5563 (b) If to Customer: The City Fort Worth Attn: Property Management Department Address Fort Worth, TX 76102 The above -listed names, titles, and addresses of either Party may be changed by written notification to the other. 10. Invoicing and Payment — Invoices for any discretionary services covered by this Agreement will be mailed by Company to the following address (or such other address directed in writing by Customer), unless Customer is capable of receiving electronic invoicing from Company, in which case Company is entitled to transmit electronic invoices to Customer. Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.3 Agreements and Forms Applicable: Entire Certified Service Area Page 3 of 25 Effective Date: August 19, 2019 Revision: Original The City Fort Worth Attn: Property Management Department City Address Fort Worth, TX 76102 If Company transmits electronic invoices to Customer, Customer must make payment to Company by electronic funds transfer. Electronic invoicing and payment by electronic funds transfer will be conducted in accordance with Company's standard procedures. Company must receive payment by the due date specified on the invoice. If payment is not received by the Company by the due date shown on the invoice, a late fee will be calculated and added to the unpaid balance until the entire invoice is paid. The late fee will be 5% of the unpaid balance per invoice period. 11. No Waiver -- The failure of a Party to this Agreement to insist, on any occasion, upon strict performance of any provision of this Agreement will not be considered to waive the obligations, rights, or duties imposed upon the Parties. 12. Taxes -- All present or future federal, state, municipal, or other lawful taxes (other than federal income taxes) applicable by reason of any service performed by Company, or any compensation paid to Company, hereunder must be paid by Customer. 13. Headings -- The descriptive headings of the various articles and sections of this Agreement have been inserted for convenience of reference only and are to be afforded no significance in the interpretation or construction of this Agreement. 14. Multiple Counterparts -- This Agreement may be executed in two or more counterparts, each of which is deemed an original but all constitute one and the same instrument. 15. Other Terms and Conditions — NOTWITHSTANDING ANYTHING ELSE CONTAINED IN THIS AGREEMENT TO THE CONTRARY, THE PARTIES HEREBY AGREE THAT: 15.1 Relocation Costs. (a) Customer shall pay to Company the Total Costs incurred by Company in connection with providing the discretionary services. The term "Total Costs" shall include reasonable material costs, labor costs, taxes and tax treatment (including income, sales, or other), design, and construction contractor costs, transportation costs, overheads, purchasing and storage expenses as well as reasonable costs, including attorney's fees, if applicable, which may be incurred in the process of obtaining final unappeasable Public Utility Commission of Texas ("PUCT") approval for relocation of a portion of the Existing Line, and reasonable surveying costs. Company reserves the right to reasonably adjust and modify the Total Costs from time to time after the effective date of this Agreement by providing written notice to Customer of the same, and Customer agrees to accept and acknowledge any resulting adjustments and modifications to the Total Costs; (b) The Total Costs under this Agreement are estimated to be $398,600.00 ("Estimated Costs"). The Estimated Costs are subject to adjustment by Company pursuant to Section 15.1(a). The Total Costs may be more or less than the Estimated Costs; and (c) For the purposes of securing the performance of Customer under the terms and provisions of this Agreement, Customer shall deliver to Company, upon the execution of this Agreement by all parties, an amount equal to 100% of the Estimated Costs in order to engineer, secure materials and construct. Within Thirty 30 days after completion of the discretionary services or after all associated relocation project costs have been received, Company shall deliver to Customer a statement of the Total Costs. In the event that the sum of the Payment exceeds the Total Costs as shown on the statement, Company shall refund, without interest, said balance along with the final statement; and (d) Customer shall provide all necessary easements and easement modifications on a form acceptable to Company a minimum one month prior to the commencement of the construction described hereunder. Company shall have no obligation to commence performance of the Discretionary Services, other than the Design Work, until Company has received all such easements and easement modifications. After completion of Discretionary Services, Company will release portion or portions of the existing easement across Customer property no longer required to operate and maintain the transmission line. 15.2 ComDletion Date. Customer acknowledges and agrees that certain work to be performed hereunder will require the Company to temporarily remove equipment from service in order to perform relocation activities for Customer. Such activities will require the Company to request a Planned Outage. Customer acknowledges that Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.3 Agreements and Forms Applicable: Entire Certified Service Area Page 4 of 25 Effective Date: Auqust 19, 2019 Revision: Original ERCOT has sole authority for scheduling such Planned Outage. Further, Customer acknowledges that the approval or issuance of any such Planned Outage is subject to the authority of ERCOT to cancel or reschedule such Planned Outages and to the Company's regulatory obligations and service responsibilities as an electric utility. Company intends to begin the Project during the Spring of 2024, and Company shall in good faith attempt to complete the services as soon as reasonably possible thereafter, but does not commit to a date certain for such completion. IN WITNESS WHEREOF, the Parties have caused this Agreement to be sign by their respective duly authorized representatives. Company: Oncor Electric Delivery Co/m%pan LLC BY: Name: Matthew Ponce Title: Senior Director- Transmission Enaineerino Date: 10131 a02,3 CUSTOMER: CITY OF FORT WORTH CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and By: administration of this contract, including Name: William JohnsUl ensuring all performance and reporting Title: Assistant City Manager requirements. Date: APPROVAL RECOMMENDED: By. Name: Chad Allen, P.E., C.F.M. A Title: Engineering Manager By: ?Z— APPROVED AS TO FORM AND LEGALITY: Name: Ridardo Salazar Title: Interim Property Management Director ATTEST: By: r'I�„6fT Name: Matthew A. Murray oO' Title: Assistant City Attorney By: CONTRACT AUTHORIZATION: Name: /,1�anr/tte S. Goodall aa� FD �. >?a M&C: 22-0839 Date: October 11, 2022 Title: City Secretary o Qoo a 00 ..4eO&Form 1295: N/A dmug V8 $=d FILL IN THE REST OF A CITY Ae%, & 0F4S6d HE SUPPLEMENTAL WE USE WITH TXDOT. W Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.3 Agreements and Forms Applicable: Entire Certified Service Area Effective Date: Auqust 19, 2019 Exhibits "A" & "B" The Property [as follows] Page 5 of 25 Revision: Original 2-381100 ACRE TRACT EXHIBIT '" TEXAS ELECTRIC SERVICE COMPANY VOL. 2656, PG. 501 (INST. No. D 154000682) PARCEL 2 D. R. T. C. \ \ 34,219 SOFT OR a786ACRES OFL 4AT N 39035'59" E' \ JMB SMITIISURVEY, ABSTRACT1412 \ 90.31' - \ CITYOFFORT WORTH, TARRANI'C0LW_7YTEXAS - - NAN". McCART AVE. �?O (120' RIGHT-OF-WAY N O N — — �— N `o N 0 2 � \ LOT 5R, BLOCK A WOODMONT PLAZA ADDITION o Z ���- INST. NO. D204033270 Z c 0,0 a \ ^` 0. P. R. T.C. T. ���� PARCEL 2 p/ o N 34,219 SQUARE FEET // \ } �'�/ / OR 0.786 ACRES �STo w / \ ,� lL � \ a POC N: 6921262.50 LOT 1 R-1 \ G �/Z J E: 2317393.91 LOT 6,BLOCK A o \ M / \ WOODMONT o / \ PLAZA ADDITION m LOT 1R-2\ N VOL. 388- 138 \ PG. 94 z W . N \P. R. T. C. T. N/ BLOCK 1 z ALTA MESA VILLAGE ADDITION \ \ 3 / VOL 388-182, PG. 65 o P.R.T.C.T. POB \ z \ o" N: 6921205.75 O LEGEND: \ E: H J \ \ NPOB POINT OF BEGINNING F POC POINT OF COMMENCING IRF IRON ROD FOUND U Lx CM CONTROLLING MONUMENT LOT 1 R-3 \ \ SO�o NOTES: 1. LEGAL DESCRIPTION OF EVEN DATE ACCOMPANIES THIS EASEMENT DRAWING. \ \ w2. BEARINGS REFERENCED TO THE TEXAS O 60 STATE PLANE COORDINATE SYSTEM, NORTH CENTRAL ZONE, NAD '83, ,`� • OF VERTICAL DATUM NAVD 88. HAVING A < COMBINED SCALE FACTOR OF A\P• •G S T 0.9998658880 AND CONVERGENCE GRAPHIC SCALE �••� F••�' Np ANGLE OF 0'37'06" FROM THE POINT . • :: • • • • • • • • • • ai OF COMMENCING. IN FEET "' ROBERT P. ALLEN EN `• opo6495 P"•� SHIELD __ �tiFeSs,��or W !`'' i SUR\� Of a ENGINEERING GROUP i N ROBERT P. ALLEN Z `q� R.P.L.S. No. 6495 a TSPE FIRM #F•11039 • TBPLS FIRM #10193890 DATED: 06-10-2021 0 1600 Wed 7th Street, Suits 200, Fort Worth,TX 76102 • 817.810.0696 G z 0 EXHIBIT 'B" PARCEL 2 34,219 SQIT OR o.786ACRES OFLAND J.M.B. SMITHSURV Y, ABSTR4CT1412 CITYOFFOR T WORTH, TARRANT COVA7YTEXAS BEING A TRACT OF LAND SITUATED IN THE J.M.B. SMITH SURVEY, ABSTRACT NUMBER 1412, CITY OF FORT WORTH, TARRANT COUNTY COUNTY, TEXAS, AND BEING A PORTION OF A CERTAIN TRACT OF LAND DESCRIBED BY DEED TO TEXAS ELECTRIC SERVICE COMPANY (HEREIN CALLED TESCO TRACT) AS RECORDED IN VOLUME 2917, PAGE 22, DEED RECORDS, TARRANT COUNTY, TEXAS, (D.R.T.C.T.) AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT A 1/2 INCH IRON ROD FOUND BEING IN THE NORTH RIGHT-OF-WAY LINE OF ALTA MESA BOULEVARD (A VARIABLE WIDTH RIGHT-OF-WAY) AND BEING THE COMMON SOUTHWEST CORNER OF LOT 6, BLOCK A WOODMONT PLAZA ADDITION, AN ADDITION TO THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, AS SHOWN ON THE PLAT THEREOF AND RECORDED IN VOLUME 388-138, PAGE 94, PLAT RECORDS, TARRANT COUNTY, TEXAS (P.R.T.C.T.) AND THE COMMON SOUTHEAST CORNER OF LOT 5R, BLOCK A WOODMONT PLAZA ADDITION, AN ADDITION TO THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, AS SHOWN ON THE PLAT THEREOF AND RECORDED IN INSTRUMENT No. D204033270, OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS, (O.P.R.T.C.T.); THENCE SOUTH 67°32'46" EAST, A DISTANCE OF 148.58 FEETTO THE POINT OF BEGINNING BEING IN THE NORTH LINE OF SAID TESCO TRACT; THENCE SOUTH 05°41'47" WEST, OVER AND ACROSS THE SAID TESCO TRACT, A DISTANCE OF 74.96 FEET TO A POINT FOR CORNER IN THE SOUTH LINE OF THE SAID TESCO TRACT; THENCE NORTH 84°18'13" WEST, WITH THE SOUTH LINE OF SAID TESCO TRACT A DISTANCE OF 481.69 FEET TO THE SOUTHWEST CORNER OF THE SAID TESCO TRACT AND BEING COMMON WITH THE SOUTHEAST CORNER OF A CALLED 2-38/100 ACRE TRACT OF LAND AS DESCRIBED BY DEED TO TEXAS ELECTRIC SERVICE COMPANY AND RECORDED IN VOLUME 2656, PAGE 501, (D.R.T.C.T.); THENCE NORTH 39°35'59" EAST, WITH THE WEST LINE OF THE AFORESAID TESCO TRACT AND BEING WITH THE EAST LINE OF THE SAID 2-3/100 ACRE TRACT, A DISTANCE OF 90.31 FEET TO THE NORTHWEST CORNER OF THE AFOREMENTIONED TESCO TRACT AND BEING COMMON WITH NORTHEAST CORNER OF THE SAID 2-38/100 ACRE TRACT, FROM WHICH A 5/8-INCH IRON ROD FOUND FOR THE EASTERLY SOUTHWEST CORNER OF THE SAID LOT 5R BEARS NORTH 78`18'33" EAST, A DISTANCE OF 145.23 FEET; THENCE SOUTH 84°18'15" EAST, WITH THE NORTH LINE OF SAID TESCO TRACT A DISTANCE OF 431.32 FEET TO THE POINT OF BEGINNING, AND CONTAINING 34,219 SQUARE FEET OR 0.786 ACRES OF LAND MORE OR LESS. NOTES: 1. EASEMENT DRAWING OF EVEN DATE ACCOMPANIES THIS LEGAL DESCRIPTION. 2. BEARINGS REFERENCED TO THE TEXAS STATE PLANE COORDINATE SYSTEM, NORTH CENTRAL ZONE, NAD '83, VERTICAL DATUM NAVD 88. HAVING A COMBINED SCALE FACTOR OF 0.9998658880 AND CONVERGENCE ANGLE OF 0'37'06" FROM THE POINT OF COMMENCING SHIELD ENGINEERING GROUP TOPE FIRM NF-11039 - TBPLS FIRM Y10193890 1600 West 7th Street, Suite 200, Fort Worth, TX 76102 - 817.810.0696 ROBERT P. ALLEN R.P.L.S. No. 6495 DATED: 06-10-2021 �E OF TF� ..................... ROBERT P. ALLEN °p 6495 ���FSUR�F.�� EXHIBIT fA " PARCEL 1 34,61,5SQFTORa79,5ACRES OFLAND J.M.B. SMITHSITRVEY, ABSTRACT14r2 / CI7YOFFORTWORTH, TARRAA)TC0UA7YTEAA- S \ LOT 5R, BLOCK 202 \ WEDGWOOD ADDITION \ VOL. 388-134, PG. 02 P O B1222.31 P.R.T. C. T. 0� N E: 2316610.01 C z- \ \ pq QG� p R C/ oc Tcl F LOT 6A, BLOCK 202 o ,tea NN'' 9 WEDGWOOD ADDITION o Nlee% L VOL. 388-164, PG. 52 P. R. T. C. T. } a 0 Z •. Cis �� 2j \ =! muj tS ;6 LOT 1, BLOCK 202 � — — — — — N �o Z O CI 3 POC \�^ �„� \ y �� WEDGWOOD ADDITION CP zN„� fJ VOL. 388-54, PG. 1 1 & 12 3 N: 6921156.56 P.R.T.C.T. Q Q o E:2316749.89 \ w �o p o TRACT B-1, BLOCK 293 WEEDGWOOD ADDITION11) \ VOL. 388-104, PG. 905 \ i P. R. T. C. T. PARCEL 1 \ w P� 34,615 SQUARE FEET 3 OR 0.795 ACRES 3 o — — — —112 IRF ti 5i IZv S; 'Sa LEGEND: 3Y�Ll. �, ~ s0�4 U \ N POB POINT OF BEGINNING w POC POINT OF COMMENCING M c C A R T AVE. IRF IRON ROD FOUND — GM CONTROLLING MONUMENT (120' RIGHT-OF-WAY) S 39°35'59" W ` 90.31' NOTES: 7-411100 ACRE TRACT z 1. LEGAL DESCRIPTION OF EVEN DATE TEXAS ELECTRIC SERVICE COMPANY Q ACCOMPANIES THIS EASEMENT DRAWING. VOL. 2917, PG. 22 w 2. BEARINGS REFERENCED TO THE TEXAS C (INST. No. D155066835) STATE PLANE COORDINATE SYSTEM, O 6 D.R.T.C.T. NORTH CENTRAL ZONE, NAD '83, J VERTICAL DATUM NAVD 88. HAVING A .C� OF �• Q COMBINED SCALE FACTOR OF \ 0.9998650767 AND CONVERGENCEGRAPHIC'`P •�\ S r p ANGLE OF 0'37'02• FROM THE POINT ELS�CALE rn OF COMMENCING. , r 0 °° ROBERT P, ALLEN ................... 6495 SHIELD - ENGINEERING GROUP N R2OBERT P. ALLEN R.P.L.S. No. 6495 a TBPE FIRM MF•11039 • TBPLS FIRM #10193890 DATED: 06-10-2021 a 1600 Wut 71h Street, Suit* 200, Fort Worth, TX 76102 • 817.810.0696 EXHIBIT 'B" PARCEL r 34, 6i5SQFT OR o.795ACRES OFLAND J.M.B. SMITHSURVEY,, ABSTRACT14-12 CI7YOFFORT WORTH, TARRANT COL=TEAAS BEING A TRACT OF LAND SITUATED IN THE J.M.B. SMITH SURVEY, ABSTRACT NUMBER 1412, CITY OF FORT WORTH, TARRANT COUNTY COUNTY, TEXAS, AND BEING A PORTION OF A CERTAIN TRACT OF LAND DESCRIBED BY DEED TO TEXAS ELECTRIC SERVICE COMPANY (HEREIN CALLED TESCO TRACT) AS RECORDED IN VOLUME 2656, PAGE 501, DEED RECORDS, TARRANT COUNTY, TEXAS, (D.R.T.C.T.) AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT A 1/2 INCH IRON ROD FOUND BEING IN THE SOUTH RIGHT-OF-WAY LINE OF ALTA MESA BOULEVARD (A VARIABLE WIDTH RIGHT-OF-WAY) AND BEING THE COMMON NORTHWEST CORNER OF TRACT B-1, BLOCK 239, WEDGEWOOD ADDITION, AN ADDITION TO THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, AS SHOWN ON THE PLAT THEREOF AND RECORDED IN VOLUME 388-104, PAGE 905, PLAT RECORDS, TARRANT COUNTY, TEXAS, (P.R.T.C.T.) AND THE COMMON WITH THE NORTHEAST CORNER OF TRACT B-2-R-1, BLOCK 293, WEDGEWOOD ADDITION, AN ADDITION TO THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, AS SHOWN ON THE PLAT THEREOF AND RECORDED IN VOLUME 388-152, PAGE 07, P.R.T.C.T.; THENCE NORTH 64°49'37" WEST, A DISTANCE OF 154.57 FEETTOTHE POINT OF BEGINNING BEING IN THE SOUTH LINE OF SAID TESCO TRACT; THENCE NORTH 05°41'45" EAST, OVER AND ACROSS THE SAID TESCO TRACT, A DISTANCE OF 74.95 FEET TO A POINT FOR CORNER IN THE NORTH LINE OF THE SAID TESCO TRACT; THENCE SOUTH 84°18'15" EAST, WITH THE NORTH LINE OF SAID TESCO TRACT A DISTANCE OF 487.00 FEET TO THE NORTHEAST CORNER OF THE SAID TESCO TRACT AND BEING IN COMMON WITH THE NORTHWEST CORNER OF A CALLED 7-41/100 ACRE TRACT OF LAND AS DESCRIBED BY DEED TO TEXAS ELECTRIC SERVICE COMPANY AND RECORDED IN VOLUME 2917, PAGE 22, (D.R.T.C.T.); THENCE SOUTH 39°35'59" WEST,WITH THE EAST LINE OF THE AFORESAID TESCO TRACT AND BEING WITH THE WEST LINE OF THE SAID 7-41/100 ACRE TRACT, A DISTANCE OF 90.31 FEET TO THE SOUTHEAST CORNER OF THE AFOREMENTIONED TESCO TRACT AND BEING IN COMMON WITH THE SOUTHWEST CORNER OF THE SAID 7-41/100 ACRE TRACT, FROM WHICH A 1/2 INCH IRON ROD FOUND BEARS SOUTH 76*01'43" WEST, A DISTANCE OF 153.12 FEET; THENCE NORTH 84°18'13" WEST, WITH THE SOUTH LINE OF SAID TESCO TRACT A DISTANCE OF 436.62 FEETTO THE POINT OF BEGINNING, AND CONTAINING 34,615 SQUARE FEET OR 0.795 ACRES OF LAND MORE OR LESS. NOTES: 1. EASEMENT DRAWING OF EVEN DATE ACCOMPANIES THIS LEGAL DESCRIPTION. 2. BEARINGS REFERENCED TO THE TEXAS STATE PLANE COORDINATE SYSTEM, NORTH CENTRAL ZONE, NAD '83, VERTICAL DATUM NAVD 88. HAVING A COMBINED SCALE FACTOR OF 0.9998650767 AND CONVERGENCE ANGLE OF 0'37'02" FROM THE POINT OF COMMENCING. SHIELD ENGINEERING GROUP TBPE FIRM 11F-11039 • TBPLS FIRM #10193890 1600 Wed 7th Sheet, Suite 200, Fort Worth, TX 76102 - 817.810.0696 •' -. 1. Imo. , (- ( _ ROBERT P. ALLEN R.P.L.S. No. 6495 DATED: 06-10-2021 AsTE ROBERT P. ALLEN ..................... 0 6495 ���FSUR F'�o� Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.3 Agreements and Forms Applicable: Entire Certified Service Area Effective Date: Auqust 19, 2019 Page 10 of 25 Revision: Original Exhibit "C" Form of Special Warranty Deed [as follows]