HomeMy WebLinkAboutContract 44719 District: Fort Worth
CITY W # µ
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CONTRW No.
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EASEMENT AND FIGHT of WAY
THE STATE of TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY of TARRANT
That CITY of FORT WORTHI hereinafter called "Grantor,"whether one or snore, for
and in consideration of Ten and No/1 00 Collars ($10.00) and other valuable consideration to
Grantor in hand paid by ONCOR ELECTRIC DELIVERY COMPANY LLO, a Delaware limited
l'iahiility company, 1616, Woodall Dodgers Freeway, Dallas, Texas 75202-1234, hereinafter
referred to as "Grantee"" has granted, sold and conveyed ed and by these iresents does r nt,
sell and convey unto said Grantee, their successors and assigns, an exclusive easement and
right-of-ways for overhead and/or underground electric supply, consisting of a variable number
of wires and cables, supporting structures, surface rnolunted equipment, conduits, and all
necessary or desirable appurtenances over, under,through, across, and upon Grantor's land
descri bed as follows
SEE EXHIBIT "A" ATTACHED (which is made part hereorq
Together with the right of ingress and egress along and upon said easement and riht
of-way and over and across Grantor's adolining 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;1 the right to relocate said facilities in the
carne 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 udgiment 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 oir 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 lad or
impound water within the easement area as described, above wit out 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
propert y and restore such property to the same condition: it was prior to the commencement of
Grantee's construction thereon or in prox,imity thereto.
Grantor shall not be liable to Grantee for an damage to said ease �e.0
Facility or other contents thereof, except when caused by,the willful rnisco
SECRETARY CwhtlAi ft0dRD
CITY
AUG RrCr1VrD 16 2013 FT.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, he 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, governmeIntal rules and regulations enacted or
promulgated by any governmental authority and shall promptly, execute and fulf'i'll all orders
and requirements imposed by such governmental, authorities, for the correction, prevention
and abatement of nluisances, 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,I in the sole judgment of the Grantee, interfere with the, exercise by the Grantele of the
rights hereby granted.
TO HAVE AND TO HOLD the above described easement and right-IoIf-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 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 cliaimi�ng or to claim the
same or any part thereof when the claim is by, through or under Gra,ntor, but not otherwise.,
EXECUTED, this _Vt1I day of July, A. D. 2013.
GRANTOR: CITY OF FORT WORTH
By.
tl Fernando Costay Assistant City Manager
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C16 1 PPROVED AS TO FORM, AND LEGALITY
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By:
Assistant City Attorney
M*J* Secretary
GRANTEE.
Accepted by'.
ONCOR ELECTRIC DELIVERY COMPANY LLC
1,000, OFFWiAL RECORD
By:
I 4L RECORD
-SEC y
EMY
edericl Gar orrky-ln-Fact CITY It 1 T
H, X
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day personally appeared Fernando
Costa,1 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,ands consideration therein expressed, in the capacity
therein stated and he is authorized to do so.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this
day of
July, A. D. 2013
AL
P, EVONIA DANIELS
all LS ]as
of Tex ...........
Notary PublIc,state otTexas
I res
xP try Public in and for the State of Texas
my commission Expires
17:jul�y 10, 20,
STATE, OF TEXAS §
COUNTY OF TAR RANT §
BEFORE ME, the undersigned authority,, on this day personally apipear d Frederick
Garza,as the Attorney-in-Fact of ON ELECTRIC DELIVERY COMPANY ITC, known to
me to be the person whose name is subscribled to the foregoing i�nstrument 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 day of
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Notary PubR ,and nd for,the Mate ofTexas,
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MELISSA NORGREN
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day 251
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VNICOR ELECTRIC DELIVERY COMPANY, LLC EASEMENT
PROJECT NAME*. CITY OF FORT WORTH PUBLIC SAFETY TRAINING CENTER
OWNER., CITY 01F FORT WORTH
JOHN THORNHILL SURVEY,ABSTRACT No, 1519
5101 HEMPHIL L STREET,FORT WORTH,TA ANT COUNTY
EXHIBIT "All
Being a 01.198 acre tract of land situated in the John Thornhill Survey, Abstract No. 1519, City of
Fort Worth, Tarrant County, Texas, said 0.1 8 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 F fie No.
D211188436 of the Deed Records of Tarrant County, Texas, said 0.1 8 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 comer 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 fight-of-way line of
Theli,n Street (a 60.0' fight-of-way), from which a brass capped monument stamped "United
States of America Property Comer" 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 fi ght-of-way line
of said Hemphidl 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 Comer" found in concrete for comer;
THENCE Norffi 01 degrees 19, minutes 59 seconds West, with the existing east fight-of-way
line ofsaid Hemphill Street and with the west line of said 74.664 acre tract of land, a
distance of 400.1.5 feet to a brass capped monument stamped "United States of
Amefica,,Property Comer" found 'in concrete for comer,-,
THENCE North 010 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 comer, from, which a brass capped monument
stamped "United States of America, Property Comer" found in concrete ioir reterence
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,comer"
THENCE North 86 degrees 07 minutes 13 seconds East, a distance of 10.12 feet to a point for
comer;
THENCE South 05 degrees 03 minutes 35 seconds West, a distance of 19,3.27 feet to a point for
corner-
Exhibit A Page I of 2
THENCE, South 00 degrees 14 minutes 32 seconds West, a distance of:159.44 feet to a pomt for
comer;
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,3�2, seconds West, a distance of 107.91 feet to a point for
comer in the south line ofsaid. 74.664 acre tract of land, said point being 'in the
existing no right-of-way line of said Thelin Street;
THENCE No 89 degrees 37 n-xinutes 29 seconds West, with the south line of said 74.664 acre
tract f and 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.
N'otes:
(1) A plat of even survey date herewith accompanies this legal description.
(2) Al beatings are referenced to true north.
Date-. May 15,2013
rt
OF
JON L., COOPER
J Cbe�er 5 ,1 54
e istered Professional Land Surveyor 2
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Exhibit A Page 2 of 2
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CITY OF FORT WORTH PUBLIC SAFETY TRAINING CENTER JON L. COOP,
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MARY LOUISE GARCIA
COUN-rY CLERK «' ,
West Weatherford Fort Worth, TX 76196-0401
PHONE 1 884-1195
ONCOR ELECTRIC DELIVERY C
15 W 7TH ST STE 1017
FT WORTH, TX 76102
Submitter: ONCOR ELECTRIC DELIVERY
COMPANY LLB:'
DO NOT DESTROY
WARNING = THIS IS PART F THE' OFFICIAL RECORD.
Filed For Registration: 7/26!2013 84-50 AM
Ins ru,men #: D213195964
E 7 PGS $36.00
239596
ANY PROVISION WHICH RESTRICTS Ti Hi SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY
BECAUSE OF COLOR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW,
M&C Review Page I o�f I
Official site of the City of Fort Worth,'Texas
FORT WORTH
CITY COUNCIL AGENDA rr f,r/,I���i � �,/, r �,�
NNIN
COUNCIL ACTION: Approved on 7/9/2013
I [fff)J I I J I)HU)RUN�11111 M I I I I J J 1110 WKS MANINJORNSOM IMAM
DATE 7/9/2,013 REFERENCE, NO.,-1 L-15573 LOG NAME.- 1,7FELIXO,NCO,R
CODE: L TYPE: NO,N-CONSENT P NO
HEARING:
SUBJECT.- Authorize Easement and Right-of-Wa ►Agreement with Oncor Electric Delivery Company,
LLC, for Relocation of Electric Lines and Equipment at' Public Safety Training Facility
Located at 5011 West Felix Street, (COUNCIL DISTRICT 9)
RECOMMENDATION-.
It is recommended that the City Council:
1. Authorize the grant of an easement to Onco�r Electric Delivery Gorr pa�ny, 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 2,011 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 Dielivery Company, LLC, easement currently crossing the property. The realigned easement
w ill 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 INFORMATIONXERTIFICATION:
The Financial Management Services Director certifies,that this action wild have no effect on City
funds.,
TO Fund/Account/Centers FROM Fund/Accolunt/Ceinters
............__-1-11111111-11--,.......... ........................
Submitted four CI Manager's Office §y: Fernando Costa (6122)
Originating Department Head-.1 Cynthia Garcia (8187)
Additional Information Contact:,. Robin Bentley (7315)
..................................... .......... .......... ................'",................ .....................
ATTACHMENTS
Oncor Easement PI
http-.Happs.cfwnet.org/counc*1,
1 packet/me—re view. p'?ID=I 8546&councild ate—7/9/2013 07/10:/2013