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HomeMy WebLinkAboutContract 41467STATE OF TEXAS COUNTY OF TARRANT § § § CITY SECRETARY CONTRACT NO . 4) 4 k] KNOW ALL MEN BY THESE PRESENTS This Temporary Ingress and Egress/Construction Easement Agreement (this "Agreement") is entered into between the City of Fort Worth, Texas, a municipal corporation of Tarrant County Texas ("GRANTOR") and Dunaway Associates, LP .. ("GRANTEE"). For and in consideration of $10.00, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, and in consideration of the covenants contained herein, GRANTOR and GRANTEE agree as follows: 1. Subject to the terms of this Agreement , GRANTOR hereby grants and conveys to the GRANTEE a Temporary Ingress and Egress/Construction Easement (the "Easement") onto Trinity Park described in the attached Exhibit "A ", hereinafter referred to as the "Property ". This grant and conveyance is made subject to all matters of record affecting the Property. 2. The term of this Easement shall be for thirty (30) days upon the execution of this Agreement. 3. The Easement shall only be used for the purpose of performing Surveying for a proposed sanitary sewer pipeline to be located through a portion of Trinity Park . 4 . GRANTEE shall have free and uninhibited access acros s, through and over the Property for the purpose as described in Section 3 above . GRANTOR acknowledges and agrees that GRANTEE 's access shall be with vehicles , equipment and employees or contractors . The Easement shall include the right of Grantee and its employees , agents, representatives or contractors to access the aforementioned Property for the purposes stated herein . 5. GRANTEE shall not disturb the surface or subsurface of the Property and surrounding property . Any disturbance done to the park shall be restored (by replanting , seeding , grading etc ... ) to its original condition; as it was immediately prior to accessing the Property under this Easement. The area shall be maintained and watered until such areas are inspected and accepted by the PACSD . 6 . There shall be no equipment on park property within 48 hours of a rain event. The Grantor should be contacted to ensu re the grounds of park are suitable for performing work outl ined within the agreement. 7. The Easement is not assignable by the GRANTEE without the prior written co ich shall not be unreasonably withheld . OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 8. 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 entities for the correction , prevention and abatement of nuisances in or upon or connected with said premises because of GRANTEE 's use thereof. 9. GRANTOR shall not be liable to GRANTEE for any damage or theft of GRANTEE 'S equipment, facilities or other contents , except , when caused by the willful misconduct of GRANTOR , its agents, servants or employees . It is understood that it is not the intention of the parties hereto to create liabil ity for the benefit of third parties but that this Agreement shall be solely for the benefit of the parties thereto. 10 . It is agreed that this grant covers all the agreements between the parties and that no representation or statements , verbal or written , have been made modifying , adding to , or changing the terms of this Agreement. 11 . In this regard, GRANTEE covenants and agrees to , and by these presents does hereby fully indemnify, hold harmless and defend the GRANTOR , its officers , agents and employees, from and against any and all claims , suits or causes of action of any nature whatsoever, whether real or asserted, brought for or on account of any injuries or damages to persons or property , including death, resulting from , or in any way connected with , the grant of the easement or operation and maintenance of the natural gas pipeline , whether or not caused, in part , by the negligence of officers, agents, or employees , of the GRANTOR; provided however, that the Grantee shall have no liability or obligation to indemnify , hold harmless or defend with respect to any injury or damage to persons or property resulting from the sole negligence of officers , agents or employees of the GRANTOR. TO HAVE AND TO HOLD the above-described temporary easement , together with all and singular the rights and appurtenances thereto in anyway belonging unto GRANTEE , and GRANTEE 's successors and assigns for so long as the right and easement herein granted ; and GRANTOR does hereby bind itself and its successor and assigns to warrant and forever defend all and singular the Easement unto GRANTEE , its successor and assigns , against every person whomsoever lawfully claiming or to claim the same , or any part thereof. When the context requires, singular nouns and pronouns include the plural. GRANTEE: Title of Approved agent GRANTOR: City of Fort Worth I NO M&C REQUIRED I OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared '3±,€>~ , known to me to be the same person whose name is subscribedtotefuregoin instrument, and acknowledged to me that the same was the act of _____________ _ and that he/she executed the same as the act of said -------------------for the purposes and consideration therein expressed and in the capacity therein stated . GIVEN UNDER MY HAND AND SEAL OF OFFICE this -~?~ttJ..--day of ~·t~m;,,, CLARISSA JARRETT LOTMAN l•f.::K:f.~ Notary Public 1 S!ate of Texas ;,,\.~/ .. ~ My Comm1ss1on Expires -,,~,;;r,~t~~ September 26, 2011 ,,,,,,u,'' ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Susan Alanis, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of the City of Fort Worth, a municipal corporation of Tarrant County, Texas, for the purpose and consideration therein expressed and in the capacity therein stated. ,1 J GIVEN UNDER MY HAND AND SEAL OF OFFICE this _17' ___ day of LINDA M. HIRRUNGER MY COMMISSION EXPIRES Februa,y 2, 2014 Notary Public in and for the State of Texa s CONTRACT LV (55) -PART 5 M-1-C-C4-B MAPSCO 76B, 76F COUNCIL DISTRICT 9 300 @ ~ m ~DUNAWAY ~---550BaleyAvenue • SUlte.«>O • FortWorth. Texas76107 LEGEND PROPOSED SS -SCALE, 1"=300' Tel: 817.335.1121. Fax: 817.335j,437 REG. F-111 !EXHIBIT A!