The URL can be used to link to this page

Home My WebLink AboutContract 610991.A ff~C Et RY t.\ DtlQ CONTRACTNO ._~ __ '1_=1 __ Electronically Recorded Tarrant County Texas Offi cia l P ub lic Reco rds 7/29/20 1310 :49 AM 0213197691 L ~d&-lfoQ..t'fycv, (..;,t, PGS ., 7 . $80 00 NOTICE OF CONFIDENM..fflifUGHTS: IF YOU Aif,~A~AL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER . STATE OF TEXAS § STORM DRAIN LICENSE (Henderson Street Bazaar} Parcel 58. ALAMO TITL E COMPANY GF t2..T M_oocJ V<I' .f6 9-c. r ,e 4 t.. 7.J7TZ7j:' § COUNTY OF TARRANT § KNOW ALL MEN BY THESE PRESENTS: 1. That, Fort Worth & Western Railroad Company, a Texas corporation {"licensor"), of the County of Tarrant, State of Texas, for and in consideration of ten dollars ($10 .00) and other good and valuable consideration , and subject to and conditioned upon, the covenants and agreements herein contained to be by Licensee kept, observed and performed, the receipt and suffic iency of which are hereby acknowledged, by these presents grants unto The City of Fort Worth, Texas ("Licensee"), without express or implied warranties and all warranties that might arise by common law, and the warranties in Section 5.023 of the Texas Property Code (or its successors) are excluded, a license (the "License") to use the Property (hereinafter defined) for a forty -two inch (42") nominal diameter storm drain pipeline (steel, ductile iron, or steel with reinforced concrete) encased in a seventy-two inch (72") steel casing pipe (which casing pipe will extend twenty feet (20 ') beyond the width of the Property on each side) under, along and across the portion of Licensor's right-of-way and railroad facilities located north of Henderson Street, City of Fort Worth, Tarrant County , Texas, described by metes and bounds on Exhibit "A" and as depicted on the survey in Exhibit "B" attached hereto and incorporated herein for any and all purposes {the "Property"), The License granted herein shall be solely for the operation, maintenance, replacement, upgrading and repairing of the storm drain line under a portion of the Property in accordance with, and as shown on, attached Exhibit "A" and Exhibit "B" (the "Storm Drain Facility"). 2. The Storm Drain Facility shall be constructed and/or Installed on the Property in accordance with the plans and specifications attached hereto as Exhibit "C" and Incorporated herein for any and all purposes ("Plans and Specifications") and the Technical Specifications prepared by Kimley-Hom and Associates dated 05-15-13 City of Fort Worth Project 00969 . Licensee shall, at Its sole cost and subject to any statute, order, rule or regulation or any public authority having jurisdiction thereof, locate, construct and maintain the Storm Drain Faclllty In such a manner and of such materia l that it will not at any ti me be a source of danger to or interference with the present or future tracks, roadbed and property of Licensor, or safe operation of Licensor's railroad. Installation shall be by either directional drilling or by dry boring and jacking methods, and there shall be a minimum groundcover from the top of the bore as prov ided in the Plans and Specifications . The Storm Drain Facility shall also be constructed, operated, STORM DRAIN LICENSE (Henderson Street Bazaar-Parcel 58 .) l :\03704\D047\MC0323.DOC X r OFFICIAL RECORD crrv SECRETARY ft. woRlH, TX-· L NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. STATE OF TEXAS § STORM DRAIN LICENSE (Henderson Street Bazaar) Parcel 5B . ALAMO TITL E COMPANY GF 111 oooooV./J"i-9-c'S-,e /1 L2J4.L I J7 § COUNTY OF TARRANT § KNOW ALL MEN BY THESE PRESENTS: 1. That, Fort Worth & Western Railroad Company, a Texas corporation ("Licensor"), of the County of Tarrant , State of Texas , for and in considerat ion of ten dollars ($10 .00) and other good and valuable consideration, and subject to and conditioned upon, the covenants and agreements herein contained to be by Licensee kept, observed and performed, the receipt and sufficiency of which are hereby acknowledged, by these presents grants unto The City of Fort Worth, Texas ("Licensee"), without express or implied warranties and all warranties that might arise by common law, and the warranties in Section 5.023 of the Texas Property Code (or its successors) are excluded, a license (the "License") to use the Property (hereinafter defined) for a forty-two inch (42") nominal diameter storm drain pipeline (steel, ductile iron, or steel with reinforced concrete) encased in a seventy-two inch (72") steel casing pipe (which casing pipe will extend twenty feet (20') beyond the width of the Property on each side) under, along and across the portion of Licensor's right-of-way and railroad facilities located north of Henderson Street, City of Fort Worth , Tarrant Coun ty, Texas, described by metes and bounds on Exhibit "A" and as depicted on the survey in Exhibit "B" attached hereto and incorporated herein for any and all purposes (the "Property"). The License granted herein shall be solely for the operation, maintenance, rep lacement, upgrading and repairing of the storm drain line under a portion of the Property in accordance with, and as shown on, attached Exhibit "A" and Exhibit "B" (the "Storm Drain Facility"). 2. The Storm Drain Facility shall be constructed and/or installed on the Property in accordance with the plans and specifications attached hereto as Exhibit "C" and incorporated herein for any and all purposes ("Plans and Specifications ") and the Technical Specifications prepared by Kimley-Horn and Associates dated 05-15-13 City of Fort Worth Project 00969 .' Licensee shall, at its sole cost and subject to any statute, order, rule or regulation or any public authority having jurisdiction thereof, locate, construct and maintain the Storm Drain Facility in such a manner and of suc h material that it will not at any time be a source of danger to or interference with the present or future tracks, roadbed and property of Licensor, or safe operation of Licensor's railroad , Installation shall be by either directional drilling or by dry boring and jacking methods, and there shall be a minimum groundcover from the top of the bore as provided in the Plans and Specifications . The Storm Drain Facility shall also be constructed, operated, STORM DRAIN LICENSE (Henderson Street Bazaar -Parcel 5B . .) l :I03704\0047\MC0323 DOCX maintained, repaired, renewed , modified and/or reconstructed by Licensee in strict conformity with AREMA standards, except as may be modified and approved by and Licensor's Chief Engineer . Licensor's Chief Engineer may be contacted at 6300 Ridglea Place , Suite 1200, Fort Worth, Texas 76116, by telephone at (817) 763-8297 or by facsimile at (817) 738-9657 .. In all cases of difference or conflict between AREMA standards and the requirements of any federal, state or municipal law, the more stringent standard shall apply . All work performed on the Property in connection with the construction, maintenance, repair, renewal, modification or reconstruction of the Storm Drain Facility shall be done to the reasonable satisfaction of Licensor. 3. Licensee shall use this License solely for the purpose provided for herein and shall not use it for any other purpose whatsoever. 4. Licensee's contractor shall, within thirty (30) days of invoice to Licensee's contractor, reimburse Licensor for any expenses incurred by Licensor for flagmen to protect its traffic and for false work to support Licensor's track during installation of the Storm Drain Facility and for any other expenses incurred by Licensor arising out of or as a result of the installation , operation or maintenance of such facility as provided for hereunder . 5. Licensee shall, upon giving Licensor seventy-two (72) hours' advance notice by contacting the Licensor's Chief Engineer, have the right to enter the Property for the purpose of instaliing, maintaining, repairing or removing the Storm Drain Facility . In the event of any emergency, the seventy-two (72) hour notice shall be waived, provided that Licensee or its contractors shall make every effort to notify Licensor of the nature of the emergency and that entry onto the right-of-way has occurred. 6. At all times during construction, maintenance or repair of the Storm Drain Facility Licensee or its contractors shall keep the right-of-way in a neat and safe condition and shall keep the tracks clear of obstructions. In addition , Licensee or its contractors shall keep all equipment, tools and materials stored at least fifteen (15) feet from the center line of Licensor's track . Explosives or other highly flammable substances or any dangerous materials regulated pursuant to federal, state or local laws will not be stored on the Property. Additionally, Licensor or its contractors shall remove all tools, equipment and material from the Property upon completion of work, restoring the Property to the same state and condition as when Licensee and/or its contractor entered thereon . 7. Notwithstanding any other provisions hereof, Licensee shall comply with all statutes, ordinances, rules , regulations, orders, procedures, standards and decisions issued by any federal, state or local governmental body or agency established thereby (hereinafter referred to as "Authority"), relating to Licensee's use of Licensor's property hereunder including but not limited to the National Railroad Safety Standards and American Railway Engineering and Maintenance-of-Way Association Standards (hereinafter referred to as "Standards"). In its use of the Property, Licensee shall at all times be in full compliance with all Standards , present or future, set by any Authority. STORM DRAIN LICENSE 2 (Henderson Street Bazaar -Parcel 5B .) l :\03704\0047\MC0323 DOCX 8. Licensee , or its contractor, at its sole cost and expense, shall procure and maintain during the life of this Agreement, except as otherwise provided, the following insurance coverage : a . Commercial General Liability Insurance . Commercia l General Liability ("CGL") insurance shall contain broad form contractual liability with a single limit of at least $2,000,000 each occurrence or claim and an aggregate limit of at least $4 ,000,000 . Contractual liability shall afford coverage for sole negligence . CGL insurance must be written on ISO Occurrence Form CG00 01 12 04 (or a substitute form providing equivalent coverage), including but not limited to coverage for the following: • Bodily injury • Property damage • Personal injury and advertising injury • Fire legal liability • Products and completed operations The policy shall also contain the following endorsements which shall be indicated on the certificate of insurance: • CG 20-10-0704 and CG 20 -37-0704 .,( or substitute forms providing equivalent coverage). • The exclusions for railroads (within fifty feet (50') from any railroad including but not limited to tracks, bridges, trestles, roadbeds, terminals, underpasses or crossings) Any exclusion related to the explosion, colla pse, and underground hazards shall be removed and shall be indicated on the certificate of insurance. Waiver of subrogation • Licensor named as an additional insured . • Licensee's or its contractor's insurance policies must include wording which states that policy(ies) shall be primary and non -contributory with respect to any insurance carried by Licensor . b. Business Automobile Insurance . Business Automobile Insurance shall contain a combined single limit of at least $1,000,000 per occurrence or claim, including but not limited to coverage for the following : Bodily injury and property damage • Any and all motor vehicles including owned, hired and non- owned The policy shall also contain the following endorsements which shall be indicated on the certificate of insurance : STORM DRAIN LICENSE 3 (Henderson Street Bazaar -Parcel 58 .) l :\03704\0047\MC0323 DOCX Motor Carrier Act Endorsement-Hazardous materials clean up (MCS-90) if required by law . • Waiver of subrogation . • Licensor named as an additional insured . c. Workers Compensation and Employers Liability Insurance. Workers Compensation and Employers Liability Insurance shall contain coverage , including but not limited to coverage for the following: Licensee's and its contractor's statutory liability under the workers' compensation laws of the state(s) affected by this Agreement Employers' Liability (Part B) with limits of at least $1,000 ,000 each accident, $1,000 ,000 disease policy limit $1,000,000 each employee If Licensee is self-insured, evidence of state approval must be provided along with evidence of excess workers compensation coverage. Coverage shall include liability arising out of the Federal Employers Liability Act, if applicable . The policy shall also contain the following endorsement which shall be indicated on the certificate of insurance: Waiver of subrogation . d. Pollution Liability Insurance . Pollution Liability Insurance must be written on ISO form Pollution Liability Coverage Form Designated Sited CG 00 39 12 04 (or a substitute form providing equivalent coverage), with limits of at least $5,000,000 per claim and an aggregate limit of $5 ,000 ,000 with a deductible not to exceed $1,000,000 . Licensee or its contractor warrants that any retroactive date applicable to the coverage under the policy is the same as or precedes the Effective Date of this Agreement; and that continuous coverage will be maintained or an extended discovery period will be exercised for a period of five (5) years beginning from the time the work under this Agreement is completed or if coverage is cancelled for any reason the extended discovery period will be exercised for the maximum time allowed by the policy. If the scope of work as defined in this Agreement includes the disposal of any hazardous or non-hazardous materials form the Property, Licensee and its contractor shall be responsible for any and all losses claims or demands arising from the disposal site operator accepting and/or disposing of such materials . STORM DRAIN LICENSE 4 (Henderson Street Bazaar -Parcel 58.) f:\03704\0047\MC0323 DOCX e. Umbrella or Excess Liability Insurance . Umbrella or Excess Liability Insurance must be written on a "follow form" over the insurance coverage required in Items A, Band C above , with limits of $10,000,000 . f. Railroad Protective Liability Insurance. Railroad Protective Liability Insurance ("RPLI") must be provided by the Licensee, or its contractor, prior to commencing, and at all times when, Licensee or its contractors are performing any work on the Property . RPLI shall provide coverage of at least $5,000,000 per occurrence and $10 ,000,000 in the aggregate . The policy shall be issued on a standard ISO form CG 00 35 12 07 ( or a substitute form providing equivalent coverage). The policy shall also contain the following endorsements which shall be indicated on the certificate of insurance: Other Requirements • Licensor named as the insured . • Policy shall not include a Deductible or Self Insured Retention • Pollution Exclusion Amendment • Limited Seepage and Pollution and Contamination Endorsement • Evacuation Expense Coverage Endorsement. • No other endorsements restricting coverage may be added . g . Punitive damage exclusion, if any, must be deleted, which deletion shall be indicated on the certificate of insurance . h. Licensee and its contractor agree to waive its right of recovery, and its insurers, through policy endorsement, agree to waive its right of subrogation against Licensor . Licensee and its contractor further waive its right of recovery , and its insurers also waive its right of subrogation against Licensor for loss of its owned or leased property or property under its care, custody and control. Licensee's contractor's insurance shall be primary with respect to any insurance carried by Licensor. All waivers of subrogation shall be indicated on the certificate of insurance. i. All policy(ies) required above (excluding Workers Compensation) shall provide severability of interests and shall name Licensor as an additional insured .. Severability of interest and naming Licensor as an additional insured shall be indicated on the certificate of insurance. The coverage provided to Licensor as an additional named insured shall, to the extent provided under ISO Additional Insured Endorsement CG 20 26, and CA 20 48 provide coverage for Licensor's negligence whether sole or partial , active or passive, and shall not be limited by Licensee 's liability under the indemnity provisions of this Agreement. STORM DRAIN LICENSE 5 (Henderson Street Bazaar -Parcel 5B .) 1:I03704\0047\MC0323 DOCX j . Prior to commencing any work , Licensee or its contractor shall furnish to Licensor original certificate(s) of insurance evidencing the required coverage, endorsements , and amendments . The certificate(s) shall contain a provision that obligates the insurance company(ies) issuing such policy(ies) to notify Licensor in writing at least 30 days prior to any cancellation, non-renewal, substitution or· material alteration . Licensee also agrees that: (i) Upon request from Licensor, a duplicate original of any required policy shall be furnished . (ii) Failure to provide evidence of insurance as required by this Section shall entitle, but not require , Licensor to terminate this Agreement upon the giving of written notice to Licensee as provided for herein and Licensee's failure to provide such evidence of insurance prior to the expiration of forty-five (45) days from the date of such notice . (iii) The right of Licensee, its contractors, subcontractors, agents and employees to use or occupy the Property in accordance with this Agreement shall cease immediately upon Licensee's failure to provide evidence of insurance as required by this Section and shall continue until Licensee provides evidence of insurance as required by this Section, subject, however to the right to terminate in (ii) above . (iv) Acceptance of a certificate that does not comply with this Section shall not operate as a waiver of Licensee's obligations hereunder. k. Any insurance policy shall be written by a reputable insurance company acceptable to Licensor or with a current Best's Insurance Guide Rating of A- and Class VII or better, and authorized to do business in the state(s) in which the service is to be provided . I. Licensee WARRANTS that this Agreement has been thoroughly reviewed by Licensee's Risk Management personnel who have been instructed by Licensee to procure the insurance coverage required by this Agreement and acknowledges that Licensee's insurance coverage will be primary . m. The fact that insurance is obtained by Licensee on behalf of Licensor shall not be deemed to release or diminish the liability of Licensee, including, without limitation, liability under the indemnity provisions of this Agreement Damages recoverable by Licensor shall not be limited by the amount of the required insurance coverage . n. Licensor may reasonably modify the required insurance coverage to reflect future risk management practices in the railroad industry and underwriting practices in the insurance industry. STORM DRAIN LICENSE (Henderson Street Bazaar -Parcel 58.) l :\03704\0047 \MC0323 DOCX 6 o . Licensee waives all rights against Licensor and its agents , officers , directors and employees , where permitted by law, for recovery of damages to the extent these damages are covered by the workers compensation and employers liability or commercial umbrella/excess liability insurance obtained by Licensee required by this Agreement , which must be stated on the certificate of insurance . p. Insurance requirements of Licensee, but not its contractor, hereunder may be met by a combination of self-insurance , primary and excess coverage (Railroad Protective Liability Insurance may be procured by Licensee's contractor and shall not be subject to self-insurance). q. All insurance correspondence shall be directed to: Fort Worth & Western Railroad ATTN: Risk Management 6300 Ridglea Place, Suite 1200 Fort Worth, Texas 761 ·16 9. Licensee 's activities hereunder are to be carried out in a reasonable and timely manner. Licensee will use reasonable efforts to limit the duration of any interference with Licensor's activities on its right-of-way .. The Storm Drain Facil ity and all parts thereof within and outside of the limits of the right-of-way of Licensor shall be constrncted and, at all times , maintained , repaired , renewed and operated in such manner as to cause no interference whatsoever with the constant, continuous and uninterrupted use of the tracks, right of way and facil ities of Licensor, and nothing shall be done or suffered to be done by the Licensee at any time that would in any manner impair the safety thereof. 10 . It is agreed that should the Property or any portion thereof that is the subject of the License cease to be used for public purposes , the License, as to the portion so abandoned , shall immediately cease and terminate . 11 . Licensee assumes the entire responsibility for the construction, maintenance and use of the Storm Drain Fa cility and nothing contained he rein shall ever be construed to place upon Licensor any manner of liability for injury to or death of persons , or for damage to or loss of property aris ing from or in any manner connected with the construction, maintenance or use of the Storm Drain Facility located upon Licensor's property. 12 . Licensee agrees to notify Licensor in writing when all work on the railroad's right-of-way is completed . 13 . This instrument is made and accepted subject to any license , easement , right-of-way, lease or serv itude of any kind, that may be presently in force and affects the Property . It shall be incumbent upon the Licensee to make satisfactory arrangements with the holders of any rights relative to the rights granted Licensee hereunder . In addition, Licensor retains, reserves, and shall continue to enjoy the use of STORM DRAIN LICENSE (Henderson Street Bazaar -Parcel 5B ) l :\03704\004 7\MC 03 23 DOCX 7 the surface of the Property for railroad and rela ted uses and any other purpose that does not interfere w ith and prevent Licensee's stated use of -this License . Further, and notwithstanding anything contained in this License to the contrary, Licensor shall retain the righ t to use the Property and to grant additional licenses and easements to t hird parties , over, ac ross and through the Property for facilities runn ing parallel with Licensor's right-of-way of which the Property is a part . Any future agreement with Licensor providing for a facility running parallel with Licensor's right of way shall provide that such facility (i) shall cross the Storm Drain Facility at an angle between 45 · and go · to the Facility;( ii) shall be installed in accordance with construction plans submitted to Licensee at least 60 days before the date const ruction is scheduled to begin ; (ii i) shall include tracer balls or other below-ground identifying location markers and above- ground signage location markers or other means for identifying the location of the Storm Drain Facility ; and (iv) shall be installed at least five (5') fe et above or below the Storm Drain Facility . 14 . Fiber optic cable systems may be buried on Licensor's right-of-way . Protection of the fiber opt ic cable systems is of extreme importance since any break could disrupt service to use rs resulting in business interruption and loss of revenue and profits ,. Licensee shall contact Licensor's Chief Engineer to determ ine if fiber optic cable is buried anywhere on Licensor's right-of-way to be used by Licensee . If it is, Licensee's contractor will contact the telecommunications company(ies) involved, arrange for a cable locator, make arrangements for relocation or other protection of the fiber optic cable, all at Licensee's expense , and will commence no work on the right of way until all such protection or relocation has been accomplished .. Licensee's contractor shall indemnify and hold the Licensor harmless from and against all costs, liability and expense whatsoever (including, without limitation, attorneys ' fees, court costs and expenses) arising out of or caused in any way by Licensee's contractor's failure to comply with the provis ions of this Section . 15 . In addition , if a contractor is to do any of the work performed on the Storm Drain Facility (including initial construction and subsequent relocation or substantial maintenance and repair work), then Licensee shall require its contractor to execute Licensor's form Contractor's Right of Entry Agreement. Licensee acknowledges receipt of a copy of the Contractor's Right of Entry Agreement and understand ing of its terms , provisions, and requirements and will inform its contractor of the need to execute the Agreemen t. Under no circumstance will Licensee's contractor be allowed onto Licensor's right of way without first executing the Contractor's Right of Entry Agreement 16 . If any provision of this instrument shall be determined to be invalid , unlawful or unenforceable to any extent at any time, the rema inder of the instrument shall not be affected and shall continue to be enforceab le as permitted by law . Any invalid , unlawful or unenforceable provision shall be reformed to the extent necessary to render it valid , lawful and enforceable in a manner consistent with the intentions of the parties regarding such provision . STORM DRAIN LICENSE 8 (Henderson Street Baza ar -Parcel 5B .) 1:\03704\0047\M C0323 DOCX 17 . Licensor's failure to enfo rce or exercise its rights under any term, condition or covenant hereof shall not be construed as a waiver of such rights or of such term, covenant or conditions . 18 . The License is personal to Licensee . As such , Licensee has no right to assign the License or this instrument in whole or in part , or to sublicense the License in whole or in part. 19 . Any notice hereunder to be given by Licensor to Licensee shall be deemed to be properly served if it be deposited in the United States Mail, postage prepaid, addressed to the Licensee at 1000 Throckmorton, Fort Worth , Texas 76102, Attention : Assistant Director, Stormwater Management Division, Transportation/Public Works Department. Any notice to be given hereunder by Licensee to Licensor shall be deemed to be properly served if the same be deposited in the United States Mail, postage prepaid , addressed to Licensor at 6300 Ridglea Place, Suite 1200, Fort Worth, Texas 76116, Attention : President. The parties hereto may by written notice change the address to which such demands, notices or statements may be sent. 20 . All the covenants and provisions of this instrument shall be binding upon and inure to the benefits of the successors, legal representatives and assigns of the parties to the same extent and effect as the same are bind ing upon and inure to the benefit of the parties hereto, but no assignment hereof by the Licensee , its successors, legal representatives or assigns, or any subsequent assignee, shall be binding upon Licensor without the written consent of Licensor in each instance . 21 . The terms hereof and all rights and obligations hereunder shall be governed by the laws of the State of Texas . 22 . This instrument, together with its attachments, shall not be modified except by written agreement of the parties . 23 . This instrument constitutes the entire agreement w ith respect to the subject matter hereof. IN w9~2 WHEREOF, this instrument is executed on the ---,,~+--><--'--'-• __ , 2013 . FORT WORTH & WESTERN TY Z 7 day of :ILR:::e~e ~/ President and CEO STORM DRAIN LICENSE (Henderson Street Ba zaar -Parcel 5B .) l :\0370 4\0 04 7\MC03 23 DOC X 9 AGREED TO AND ACCEPTED : THE CITY OF FORT WOR T H, TEXAS , ::unic?,i~~ L Fernando Costa , Assistant City Manager APPROVED AS TO FORM AND LEGALITY : t- ~I~ Assistant City Attorney STATE OF TEXAS § § COUNTY OF TARRANT § This instrument was acknowledged before me on the ci ~ day of ....-. < )U o-e , 2013, by Steven P . George , President and CEO of Fort Worth & Western Railroad Company , a Texas corpo ation , on behalf of said corporation . AFTER RECORDING RETURN TO : Mr. Theodore P . Gorski, Jr. Ass istant City Attorney The City of Fort Worth 1000 Throckmorton Street Fort Worth , Texas 76102 STORM DRAIN LICENSE (Hende rson Street Bazaar -Parcel 5B) l :\0370410047\MC0323 DOCX 10 tu OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX EXHIBIT A [METES AND BOUNDS LEGAL DESCRIPTION] SEE ATTACHED. STORM DRAIN LICENSE (Henderson Street Bazaar -Parcel 5B .) l :\03704\0047\MC0323 DOCX FORT WORTH AND WESTERN RAILROAD CROSSING AGREEMENT BAZAAR PARCEL No. SB DRAINAGE LICENSE CITY PROJECT No. 00969 RICHARD CROWLEY SURVEY, ABSTRACT No. 313 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS EXHIBIT "A" Being a drainage license situated in the Richard Crowley Survey, Abstract No . 313, City of Fort Worth, Tarrant County, Texas, said drainage license being a portion of a tract of land deeded to the Fort Worth and Western Railroad Company as recorded in Volume 9.391, Page 2044 of the Deed Records of Tarrant County, Texas , said drainage license being mo r e particularly described by metes and bounds as follows : COMMENCING at a point for the northeast corner of Block 1 of Henderson Street Bazaar, an addition to the City of Fort Worth, Tarrant County, Texas as recorded in Volume 388 --160, Page 8 of the Plat Records of Tarrant County, Texas, said point being in the west line of said tract of land deeded to the Fort Worth and Western Railroad Company, from which a brass cap in concrete found for reference bears South 63 degrees 51 minutes 27 seconds West, a distance of 0.33 feet; THENCE South 22 degrees 16 minutes 04 seconds West , with the west line of said tract ofland deeded to the Fort Worth and Western Railroad Company and with the east line of said Block 1, a distance of 118 .69 feet to the POINT OF BEGINNING of the herein described drainage license; • THENCE South 77 degrees 42 minutes 22 seconds East, a distance of 101.53 feet to a point for comer in the east line of said tract of land deeded to the Fort Worth and Western Railroad Company; THENCE South 22 degrees 16 minutes 04 seconds West, with the east line of said tract of land deeded Fort Worth and Western Railroad Company, a distance of20 . .3 l feet to a point for comer, from which a 1/2 inch iron rod with cap stamped "Fulton Smveying" found for the northwest comer of a 5.630 acre tract of land (by deed) deeded to Tanant Regional Water District as recorded in County Clerk's File No . D21194524 of said Deed Records of Tarrant County, Texas, bears South 22 degrees 16 minutes 04 seconds West, a distance of 25.29 feet, said 1/2 inch iron rod with cap stamped "Fulton Surveying" being in the east line of said tract of land deeded to the Fort Worth and Western Railroad Company; Exhibit A Page 1 of 2 THENCE North 77 degrees 42 minutes 22 seconds West , a distance of 101.53 feet to a point for comer in the west line of said tract of land deeded to the Fort Worth and Western Railroad Company, said point being in the east line of said Block 1, from which a 1 inch iron rod found for the southeast comer of said Block 1 bears South 22 degrees 16 minutes 04 seconds West, a distance of 768 .18 feet, said 1 inch iron rod being the intersection of the north right-of-way line of Henderson Street (State Highway 199), a variable width right-of-way, with the west line of said tract of land deeded to Fort Worth and Western Railroad Company; THENCE North 22 degrees 16 minutes 04 seconds East, with the west line of said tract ofland deeded to the Fort Worth and Western Railroad Company and with the east line of said Block 1, a distance of 20 . .31 feet to the POINT OF BEGINNING and containing 2,031 square feet or 0.047 acres ofland, more or less . Notes: (1) A plat of even survey date herewith accompanies this legal description. (2) All bearings and coordinates are referenced to the Texas Coordinate System, NAD -8.3, The North Central Zone 4202, all distances and areas shown are surface utilizing a surface factor of 1.0001375289116 , Date:~~ Curtis Smith Registered Professional Land Surveyor No . 5494 Exhibit A Page 2 of 2 STORM DRAIN LICENSE (Henderson Street Bazaar -Parcel 5B .) l:\03704\0047\MC0323 DOCX EXHIBIT B [SURVEY] SEE ATTACHED. --- EXHIBIT "B" PARCEL No. RICHARD CROWLEY SURVEY ABSTRACT No. 313 ----- P.O.C. BRASS CAP IN CONCRETE FND FOR REFERENCE BEARS s 63'51 '27 'W 0 .33' I I I LINE L-1 L-2 L-3 L-4 L-5 LINE TABLE BEAR ING S 7742'22"E S 22' 16'04 "W S 22•1504-w N 774222-W N 22"16'04"E TARRANT COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT No 1 VOLUME 2529, PAGE 533 D.R.T.C.T. FND 1/2"1R W/CAP STAMPED "FU LTON SURVEYING " DISTANCE 101.53 20 .31' 25.29' 101.53 20,31' DRAINAGE LICENSE AREA 2,031 SQ. FT. OR 0.047 ACRES I I TARRANT COUNTY WATER CONTRO L AND IMPROVEMENT DISTR ICT No 1 VO LUME 2642, PAGE 47 /,Jo ACR€S (8' OEEO) / TARRANT REGIONAL WATER DISTR ICT I CC F No. D211294524 \ DRT.C.T. I NOTES: 1. A LEGAL DESCRIPTION OF EVEN DATE ACCOMPAN IES THIS PLAT . 2. ALL BEARINGS AND COORDINATES ARE REFERENCED TO THE TEXAS COORDINATE SYSTEM, NA0-83, THE NORTH CENTRAL ZONE 4202, ALL DISTANCES AND AREAS SHOWN ARE SURFACE UTILIZING A SURFACE FACTOR Of 1.00013752B9116. 100 ! DR T.C .T. 50 0 100 l_i ! SCALE IN FEET City of Fort Worth EXHIBIT SHOWING A DRAINAGE LICENSE OUT Of A 1000 THROCKMORTO N STREET • FORT WORTH, TEXAS 76102 TRACT OF LAND DEEDED TO FORT WORTH AND WESTERN RAILROAD COMPANY SmJATED IN THE RICHARD CROWLEY SURVEY, ABSTRACT No. 313 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS AS RECORDED IN VOLUME 9391, PAGE 2044 DEED RECORDS OF TARRANT COUNTY, TEXAS PROJECT: FWWRR UTILITY CROSSING AGREEMENT ...,_A.:.::C=Ulc:::S!..!.IT:.=IOc:...:N...:A~R.:.::EA:.a....:2=O=3::..:1---=S=U=rA-"-:Ra.:E-:-'F':-=E=ET'-'---'O;;.:..R;.......:;O.=O..:..47'--'-A=C.;..:.R=ES=--+,C:'-"llY::--'-=::--:P:,-:.ROJ===='-=. c-=N~o:c-. -=O=O=-96=9'----tCURTIS SMITH -Ja.a;O..::;.B....;.N=o'-. 0.;.;7 ... 1 __ 2-__ 3 __ 08 __ 6 _______ ----t-~ORA_WN~BY~:~J~PH _______ CAD __ FI_LE-=-: _os_e_.D_W"'"G ____ -1REGISTERED PROFESSIONAL LANO SURVE.YOR DATE: JUNE 7, 2013 EXHIBIT B PAGE 1 OF 1 SCALE: 1• = 100' ND. 5494 1EXAS FIRM ND. 10106900 GORRONOONA & ASSOCIATES, INC . • 7524 JACK NEWEU. BOULEVARD SOUTH FORT WORTH, 1)(. 7611B • B17 -496-1424 FAX B17-496-1768 EXHIBIT C [PLANS AND SPECIFICATIONS] SEE ATTACHED. STORM DRAIN LlCENSE (Henderson Street Bazaar -Parcel 5B ) l:\03704\0047\MC0323 . DOCX '" l::tA1l 0.,,!A I a.ct( CUl~lt~ FIF! CISl'JC ?!,,>~ SID',,., '!fel l'"' Cc:r1 ~, Po~ !)1.15,· ec:n Oic. 5 7 ,!1"6" ''""· I Ji:C!' STffi Cl Ir! J.511,t .r.-1.!;,. c;,:r.:, g j 1'1':ill tr,.;t •r.U 'l ..,. 0 .918" ' .r..t;luel •::,~,,:; ~•cnurf •1/.. It/A E!t n II 5f>Q-;I fttf:!~:f 1!'..S 1ts l~s.::I!' Ctr,ir,q 2 ::•.r.;/~••";i hi:c:::,~s l St"cls.: acttt c n~!L: 1' C"ir en-:,_ •1 t,.-r. 14 /:. Bur,: Co se cf •o~ lo 1::o ol c1::,;,,!I.: l 2 11. £ :.-i . £lt,r1 ; {'IOI ttrn c,;i lh ltOt ~d II/A II Troe. S:u &. 1:;11::;n;i :.J :,,,,,.10:00 Of w pi,~rls: J" Stir rl :1 ;1'!!:::in;, o nd c •ou.l ;n;, 01 c"""J:ir s:io:e o:110r,c c C.L l •cx:• lo fo-a 1,11 ·:;,::;~;,.o hc-::t .. ir ~Is; ~.J IL O ,,., [Jury: f!a:s c c l 10,l ID !!011 :m ·e·H ittr?/lf"t"•"'9 pots. \') ft ';j on. 58 -42-li'ICH STORM DRAi;,J ... .%0:ISil!IG \,,-/ i GAOtmD ?f:'OFOS[O C,lSNC ""''· 1".i;oPOsro stoc:~ oq.1J11 nrc . • --- - -~i:c:;i:-cst o u ;wsc ----.-----r-"Q ►[JJf'I' u·•r ~-< lt.'C lf«::"1,11,0 t-(•~~ (]< p,,r-1...c; 111 l lll(!, '...:••• C'1 1'"< "1..W'i .,_.!: .IJ'll'CICn ,uT( V<:J Y (II'( 0011.1,(() P•~ u:u 11' CO \#'llft~ C[C::~,:; H !';; ce,.;tl',._;tc;r-s '.,C\.[ P(~ltt 10 Y[:>J'T 1 0C &lc,.t.C{PII• -M O ~•,-...c<'I er r•r.,.-c ut u rt :. l""'C'l 10 c~11>U.:1r::-1 ~IIOl.N)U!l.lf(S tf.olll(&rTC~r=.1 1r.,c1c,,1 _ c0>1r .-cr "< r cnc•.-1:. .11 1 1C &Sl •!'I ~ ~~ JO [I C&Yloll';J"I ti h r;;.,;;("'- CIC 1(!"S 1-iO-,--Ol;T[H ,orit •0'1111 wa.lt_. C{P-UI IIA(Wt 1 1l -l t•-1 11 ~ t c,11 1 ~Ill 111.......-..,"""tl'lT&lO'I • t-..n.C "R O"h S HF~H -ll ll? &f ~ 11-4'.~T l •Cto•J H•llTI ,c, .. -:; U!t l?T 1 [AYct cc,,purr t,r-,H·ll.l u \ t {U ·tU ➔ll l :.a;1>1 •t-str::i:rt llfn inr"'c-< '°"""'n 1--t:n-n\--o~•o WOt •!Slt"'IU'IC'i C-'O.( cr-r.,.c.. 1-l ::io-:1\-c~•~ o ...,.ltlfce,,u.,.cuc.M1 ,11-r••·nH ,.-.,...1 \ CC -..Hh !,(lf\""C(~ C(l'r.=t f lf{'"I 1 t l ➔fl•HC? = ;_ fHIS oocvvr.,n rs 11«:0U PLCTt A.kD s•~L uor BC. vsro ton tOU~lln,,ICT IJH OR 01001'~. tH'S OOOJ\,l[Nf 11.1.ltSlRATC S fl-f( ~AAO ~rw.TC LOClllOll or PRQ90SCD \lnunts -.nni:u ro~r ,rQRt H J,JI O W[5l[Rll R>J\.il:ON} Rt:;;HT -Of"-WA.l' ,_ .... _.. ...... .,.... .... ,. --.......... .., 1...-, .... i,.,,,r-:u 11 ..-.,.,...,~ °"" ..... ,..-,~, o..t"?•'r o' w~.._ • . ...,~,,. "r ,r,.~u :--:'..:;?!"w .,...,,,,,. re"",!,,.:,...-..~'""·"' -.... 1,.,...ro,n 1 5c~!i 1::..,,,,..------,,====-•"'"c,---_....,-:,--,---,-,,,.,,,0,---;i Erxchange: Authorized Users Only Page I of I Document Receipt Information Reference Number: ALDAL18AT0000044869LSK -Other Instrument Number: D213197691 No of Pages: 17 Recorded Date: 7/29/2013 10:49:30 AM County: Tarrant Volume: Page: Recording Fee: $80.00 https://www .erxchange .com/UI/ViewReceipt.aspx?Documentld=7789887 7/29/2013 Gonzales, Ronald From: Sent: To: Cc: Subject: Attachments: McElroy, Denis C. Monday, March 11, 2024 3:21 PM Young , Linda S.; Goodall , Jannette S; Ishmae l, Sadie J.; Gon zales , Ronald; Tidwell, Allison Aransen , Ma x; Gu zman , Leann ; Murray, Matt RE : FWWR Licenses BATCH 2 of 2 -tracts 4A thru 6A 4A N. Main Street.pdf; 4B N. Main Street.pdf; SA Henderson Street Bazar.pdf; SB Henderson Street Bazar .pdf; 6A Whitmore White Settlement Road .pdf Here 's the second half of the scanned licen ses . FYI -CSC 60917 was the first amendment to tract 4A . CSO -do you want to assign tract 4A a CSC and then change the number of CSC 60917 to Al of whatever number is assigned? If so, then any further amendment we're doing now would be designated as A2. Denis McEI roy Ass istant C ity Attorney 2 00 Texas Street Fort Worth , Texas 7610 2 (817) 392-2758 denis.mce lroy @ fortworthtexas.gov City of Fort Worth -Working together to build a strong community FORTWORTH e ---,_,_., _,,, From: Young, Linda S.<Linda.Young@fortworthtexas.gov > Sent: Monday, March 11, 2024 3:06 PM To: McElroy, Den is C. <Denis.McElroy@fortworthtexas.gov >; Goodall, Jannette S <Jannette.Goodall@fortworthtexas.gov>; Ishmael, Sadie J.<Sadie.lshmael@fortworthtexas.gov>; Gonzales, Ronald <Ronald.Gonzales@fortworthtexas.gov >; Tidwell , Allison <Allison.Tidwell@fortworthtexas .gov> Cc: Aransen, Max <Max.Aransen@fortworthtexas.gov>; Guzman , Leann <Leann.Guzman@fortworthtexas.gov>; Strong, JB <John.Strong@fortworthtexas.gov>; Black , Doug <Douglas.Black@fortworthtexas.gov> Subject: RE : FWWR Licenses Thanks for your help, everyone. Denis, you nailed it. Folks are out and of course we are scrambling to get agreements executed before the contractor needs to start work. We appreciate anything anyone can do to help us move forward. 1 Thanks! Linda Linda S. Young, P .E., PMP Engineering Manager TPW Capital Deliv ery Office 817-392-2485 (I am working remotely-please call cell phone) Cell 817-734-3819 linda.young @fortworthte x as.gov City of Fort Worth -Workin g togeth er to build a s tron g community. How am I doing? Contact my manager at lissette.acevedo@fortworthtexas.gov From: McElroy, Denis C. <Denis .McElroy@fortworthtexas.gov> Sent: Monday, March 11, 2024 1:26 PM To: Goodall , Jannette S <Jannette.Goodall@fortworthtexas.gov>; Ishmael , Sadie J. <Sadie.lshmael@fortworthtexas.gov>; Gonzales , Ronald <Ronald .Gonzales@fortworthtexas.gov>; Tidwell , Allison <Al I iso n. Ti dwe I l@fo rtwo rthtexas.gov > Cc: Aransen, Max <Max .Aransen@fortworthtexas .gov>; Young , Linda S.<Linda.Young@fortworthtexas.gov>; Guzman, Leann <Leann.Guzman@fortworthtexas.gov>; Strong, JB <John .Strong@fortworthtexas.gov>; Black, Doug <Douglas .Black@fortworthtexas.gov> Subject: RE : FWWR Licenses Sadie, We've got some folks our for Spring Break. Would you please send me the unofficial copies of the documents in question so that I can look into the issue? thanks Denis McElroy A ss istant C ity Attorn ey 2 00 T exas Street Fo rt Worth , Texas 7610 2 (81 7) 392 -2 758 denis.mcelroy@fortworthte xas .gov City of Fort Worth -Working together to build a strong community 2 FORTWORTH 4D ' ; From: Goodall, Jannette S <Jannette.Goodall@fortworthtexas.gov> Sent: Monday, March 11, 2024 1:22 PM To: Ishmael, Sadie J.<Sadie .lshmael@fortworthtexas.gov>; Gonzales, Ronald <Ronald .Gonzales@fortworthtexas.gov >; Tidwell, Allison <Allison .Tidwell@fortworthtexas.gov> Cc: Aransen, Max <Max .Aransen@fortworthtexas.gov>; Young, Linda S.<Linda.Young@fortworthtexas.gov>; Guzman, Leann <Leann.Guzman@fortworthtexas .gov >; Strong, JB <John.Strong@fortworthtexas.gov>; McElroy, Denis C. <Denis.McElroy@fortworthtexas .gov > Subject: RE: FWWR Licenses Sadie, CSO staff have already searched and we never received the original documents to file, there no contract number was assigned in 2013 . Since they were not sent to us, I would assume that either the Department or Law (since Law did sign - off on the documents in 2013) would have the original. I think this is a question for Law since the department only has a copy from the County stamped unofficial. From: Ishmael, Sadie J.<Sadie.lshmael@fortworthtexas.gov> Sent: Monday, March 11, 2024 12:52 PM To: Gonzales, Ronald <Ronald.Gonzales@fortworthtexas .gov>; Tidwell, Allison <Allison.Tidwell@fortworthtexas .gov >; Goodall, Jannette S <Jannette .Goodall@fortworthtexas.gov> Cc: Aransen, Max <Max.Aransen@fortworthtexas.gov>; Young, Linda S.<Linda .Young@fortworthtexas .gov> Subject: FW: FWWR Licenses Hi Jannette, We are in need of some guidance from your office in regards to the attached documents. Project Managers were not able to find original documents in your files and went to the Tarrant County for the unofficial copies to draw up amendments. Legal will not sign off on an amendment without an original CS#. (4A made it past them CS60917 also attached) Will you search you system and see if these documents were issued CS#'s in 2012-2013 and if not, how do you propose we get them an assigned# as each one will have amendments issued . Your assistance is much appreciated . Sadie, From: Aransen, Max <Max.Aransen@fortworthtexas.gov> Sent: Monday, March 11, 2024 11:00 AM To: Ishmael, Sadie J.<Sadie.lshmael@fortworthtexas.gov> Subject: FWWR Licenses Hi Sadie, Here are all of the current FWWR licenses that we have. To the best of my knowledge, there are no CSC numbers assigned to any of them (besides 4A, which you just got a CSC number for). The 2 most pressing ones right now are 3B & 4B. 3 Thank you , Max Max Aransen, P.E. Shield Engineering Group , PLLC Capital Delivery Division Transportation/Public Works Department City of Fort Worth Office: 817 .392 .7857 Cell: 817 .504 .1685 (call cell) Email: max.aransen@fortworthtexas.gov City of Fort Worth -Working together to build a strong community. FORT WORTH ..., ....., ., . ,-,.---,. How am I doing? Please contact my supervisor: linda. vounq@fortworthtexas.gov 4 •. --