HomeMy WebLinkAboutContract 61100~fY SEC
CONTRACT NO . Ct \\ DO
Electronically Recorded Tarrant County Texas
Officia l P ublic Records 7/29/20 131 0 :57 A M D213197702
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.H.. .1,.....,... ~ • SU];lm 1tt~r ACS NOTICE OF COr1nD'C1"1'1 '~~rY:1RIGHTS: 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.
STA TE OF TEXAS §
SANITARY SEWER LICENSE
(Whitmore/White Settlement)
Parcel 6A.
ALAM O TIT LE COMPAN Y
GF L/-Ll)OOotJI/ c/i ?o -L S,t_-
/lLML Ii ~
§
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
cond itioned 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 sixteen inch (16") nominal diameter sanitary sewer pipeline (steel, ductile
iron , or steel with reinforced concrete) encased in a thirty Inch (30 ") steel cas ing 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 in the vicinity of the Whitmore and White Settlement Streets, 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 in corporated herein for any
and all purposes {the "Property"). The License granted herein shall be solely fo r the
operation , maintenance, replacement. upgrad ing and repairing of the sanitary sewer line
under a portion of the Property in accordance with, and as shown on, attached
Exhibit "A " and Exhibit 11 8" (the "Sanitary Sewer Fac ili ty").
2. The Sanitary Sewer Fac ili ty shall be constructed and/or installed on the
Property in accordance with the plans and specifications attached hereto as Exhrbit "C"
and incorporated herein fo r 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 Sanitary Sewer Facility in such a manner and of such
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 Sanitary Sewer Facllity shall also be
SANIT ARY SEWER LICENSE
(Whitmore/Wh ite Settlement -Paree ! 6A.)
1:\0370410 04 7\MC032 4 DOC X
OFFICIAL RECORD
CITV SECRETARY
L FT. WORTH, TX
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 §
SANITARY SEWER LICENSE
(Whitmore/White Settlement)
Parcel 6A .
ALAMO TITLE COMPANY
GF ,dTvOOO{)l/</i 70 -L 5,e-
,;/L.b.4L I J
§
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 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 sixteen inch ( 16") nominal diameter sanitary sewer pipeline (steel, ductile
iron, or steel with reinforced concrete) encased in a thirty inch (30") 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 in the vicinity of the Whitmore and White Settlement Streets, 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 sanitary sewer line
under a portion of the Property in accordance with, and as shown on, attached
Exhibit "A" and Exhibit "B" (the "Sanitary Sewer Facility").
2. The Sanitary Sewer 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 Sanitary Sewer Facility in such a manner and of such
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 ground cover from the top of the bore as
provided in the Plans and Specifications . The Sanitary Sewer Facility shall also be
SANITARY SEWER LICENSE
(Whitmore/White Settlement -Parcel 6A.)
1:\03704\0047\MC0324 DOCX
constructed, operated, 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 Sanitary Sewer 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 fo r false work to support Licensor's track during installation of the
Sanitary Sewer 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 installing, maintaining, repairing or removing the Sanitary Sewer
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 Sanitary
Sewer 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
SANITARY SEWER LICENSE 2
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(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 .
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 . Commercial 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 (with in 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, collapse, 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
SANITARY SEWER LICENSE 3
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The policy shall also contain the following endorsements which
shall be indicated on the certificate of insurance:
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 leas t
$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 Liab i lity 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 .
SANITARY SEWER LICENSE 4
(Whitmore/White Settlement -Parc el 6A.)
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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 . Ra ilroad 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
wo rk 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
stan dard 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 (exclud ing Workers Compensation)
shall provide severability of interests and shall name Licensor as an addit ional 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 prov ided under ISO Additiona l 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.
SANITARY SEWER LICENSE 5
(Wh itmore/White Settlement -Parcel 6A)
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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 .
SANITARY SEWER LICENSE 6
(Whitmore/White Settlement -Parcel 6A )
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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 76116
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 Sanitary Sewer Facility
and all parts thereof within and outside of the limits of the right-of-way of Licensor shall
be constructed 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 facilities 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 Sanitary Sewer Facility and nothing contained herein 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 arising from or in any manner connected
with the construction, maintenance or use of the Sanitary Sewer 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 servitude 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
SANITARY SEWER LICENSE 7
(Whitmore/White Settlement -Parcel 6A .)
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the surface of the Property for railroad and related uses and any other purpose that
does not interfere with and prevent Licensee's stated use of -this License . Further, and
notwithstanding anything contained in this License to the contrary, Licensor shall retain
the right to use the Property and to grant additional licenses and easements to third
parties, over, across and through the Property for facilities running 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 Sanitary Sewer 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 construction is scheduled to begin; (iii) 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
Sanitary Sewer Facility; and (iv) shall be installed at least five (5') feet above or below
the Sanitary Sewer Facility .
14 . Fiber optic cable systems may be buried on Licensor's right-of-way .
Protection of the fiber optic cable systems is of extreme importance since any break
could disrupt service to users resulting in business interruption and loss of revenue and
profits . Licensee shall contact Licensor's Chief Engineer to determine 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 provisions of this Section .
15 . In addition, if a contractor is to do any of the work performed on the
Sanitary Sewer 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 understanding of its
terms , provisions , and requirements and will inform its contractor of the need to execute
the Agreement. 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 remainder of the instrument
shall not be affected and shall continue to be enforceable 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 .
SAN ITARY SEWER LICENSE
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8
17 . Li censor's failure to enforce or exe rcise its rights under any term , condition
or covenant hereof shall not be construed as a wa iver of such rights or of such term,
covenant or conditions .
18 . The License is personal to Licensee . As such , Licensee has no right to
ass ign 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 : Director, Water 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, T exas 76116 , Attention : President. The part ies hereto may by
written notice change the address to which such demands, notices or statements may
be sen t.
20. All the covenants and provis ions of this instrument shall be binding upon
and inure to the benefits of the successors, legal representat ives and assigns of the
parties to the same extent and effect as the same are binding 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 . Th is instrument, togethe r with its attachments , shall not be modified
except by written agreement of the parties .
23 . This instrument constitutes the entire agreement with respect to the
subject matter hereof.
IN WIJI)l.ESS WHEREOF , this instrument is executed on the
) Jr/'l I 2013 .
1 n-i-2_ day of
FORT WORTH & WESTERN
RAILROAD co7NY
By /t< ~~
Steven P. George
President and CEO
SANI TARY SEWER LICENSE 9
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AGREED TO AND ACCEPTED :
THE CITY OF FORT WORTH, TEXAS ,
::uni~;~~ µ L
Fernando Costa, Assistant City Manager
APPROVED AS TO FORM AND LEGALITY~
~ f? wrtJfW/1
Assistant City Attorney
STATE OF TEXAS §
§
COUNTY OF TARRANT § \
This instrument was acknowledged before me on the ~ ,-J-h day of
-::zfLA.O-€' , 2013 , by Steven P. George, President and CEO of Fort Worth &
Western Railroad Company , a Texas corpor-tion , on behalf of said corporation .
AFTER RECORDING RETURN TO :
Mr. Theodore P. Gorski, Jr.
Assistant City Attorney
The City of Fort Worth
1000 Throckmorton Street
Fort Worth, Texas 76102
SANITARY SEWER LI CENSE
(Wh itmore/Wh ite Settlement -Parce l 6A)
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10
Off\CiAl RECORD
c,n SECRETARY
FT. WORlH, 'TX
EXHIBIT A
[METES AND BOUNDS LEGAL DESCRIPTION]
SEE ATTACHED.
SANITARY SEWER LICENSE
(Whitmore/White Settlement -Parcel 6A)
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FORT WORTH AND WESTERN RAILROAD CROSSING AGREEMENT
WHITMORE STREET/WHITE SETTLEMENT
PARCEL No. 6A
SANITARY SEWER LICENSE
CITY PROJECT No. 00969
RICHARD CROWLEY SURVEY, ABSTRACT No. 313
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
EXHIBIT "A"
Being a sanitary sewer license situated in the Richard Crowley Survey, Abstract No . 313, City of
Fort Worth, Tarrant County, Texas, said sanitary sewer license being a portion of a tract ofland
deeded to Fort Worth and Western Railroad Company as recorded in Volume 9391, Page 2044
of the Deed Records of Tarrant County, Texas, said sanitary sewer license being more
particularly described by metes and bounds as follows:
COMMENCING at a point for the northwest comer of a 4 .034 acre tract of land (by deed)
deeded to Williarns-Pyro, Inc . as recorded in Volume 14909, Page 439 of said Deed Records of
Tarrant County, Texas, said point also being the intersection of the south right-of-way line of
White Settlement Road (a variable width right-of-way) with the southeasterly right-of-way line
of the Fort Worth and Western Railroad, from which a 5/8 inch iron rod with cap stamped
"Brooks Baker Surveyors" found for reference bears South 31 degrees 55 minutes 48 seconds
West, a distance of 0.27 feet and from which a 5/8 inch iron rod with cap stamped "Brooks
Baker Surveyors" found for the northeast comer of said Block 13 bears South 89 degrees 42
minutes 07 seconds East, a distance of 111.90 feet, said 5/8 inch iron rod with cap stamped
''Brooks Baker Surveyors" being the northeast corner of said 4.034 acre tract of land, said 5/8
inch iron rod with cap stamped "Brooks Baker Surveyors" also being the intersection of the
south right-of-way line of said White Settlement Road with the west right-of-way line of
Greenleaf Street (a 50.0' right-of-way); THENCE South 22 degrees 17 minutes 53 seconds
West, with the northwesterly line of said 4 .0.34 acre tract of land and with the southeasterly right-
of-way line of said Fort Worth and Western Railroad, a distance of 159 .87 feet to the POINT
OF BEGINNING of the herein described sanitary sewer license;
THENCE South 22 degrees 17 minutes 53 seconds West, with the northwesterly line of said
4.034 acre tract of land and with the southeasterly right-of-way line of said Fort
Worth and Western Railroad, a distance of 16 .18 feet to a point for corner;
THENCE North 89 degrees 42 minutes 07 seconds West, a distance of 133 .17 feet to a point for
corner in the southeasterly line of Block 19 of Weisenberger Addition, an addition to
the City of Fort Worth, Tarrant County, Texas as recorded in Volume 388-A, Page
120 of said Plat Records of Tarrant County, Texas, said point being in the
northwesterly right-of.way line of said Fort Worth and Western Railroad, from which
a 5/8 inch iron rod found for the south corner of said Block 19 bears South 24 degrees
59 minutes 50 seconds West, a distance of 50 .81 feet, said 5/8 inch iron rod being the
intersection of the east right-of-way line of Rupert Street (a 60 .0' right-of-way) with
the northwesterly right-of-way line of said Fort Worth and Western Railroad;
Exhibit A Page 1 of 2
THENCE North 24 degrees 59 minutes 50 seconds East, with the southeasterly line of said
Block 19 and with the northwesterly right-of-way line of said Fort Worth and
Western Railroad, a distance of 16 .51 feet to a point for comer, from which a .3/4 inch
iron rod found for the east corner of said Block 19 bears North 24 degrees 59 minutes
50 seconds East, a distance of 152 . .31 feet , said 3/4 inch iron rod being the
intersection of the south right-of-way line of said White Settlement Road with the
northwesterly right-of-way line of said Fort Worth and Western Railroad;
THENCE South 89 degrees 42 minutes 07 seconds East, a distance of 132 .3.3 feet to the POINT
OF BEGINNING and containing 1,991 square feet or 0.046 acres of land, 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-83, The North Central Zone 4202, all distances and areas shown are
surface utilizing a surface factor of l.0001.375289116 .
Curtis Smith
Registered Professional Land Surveyor
No . 5494
Exhibit A Page 2 of 2
SANITARY SEWER LICENSE
(Whitmore/White Settlement -Parcel 6A.)
l:\03704\0047\MC0324 DOCX
EXHIBIT B
[SURVEY]
SEE ATTACHED.
EXHIBIT ".B"
PARCEL No. 6A
P.O.C.
WHITE SETTLEMENT ROAD FND 5/B"IR W/CAP STAMPED
"BROOKS BAKER SURVEYORS "
BEARS S 31 "55'48"W 0.27' (A VARIABLE WIDTH RIGHT-OF-WAY)
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SANITARY / 1 r----voLuME 14909, PAGE 439 __ _
___ SEWER LICENSE AREA 1-----,.-_ / LOT 23 i l ____ D R~cr ____ l.
1,991 SQ, FT. OR APPROXIMATE SURVEY LINE
0.046 ACRES / / 1 l 5UR\Jt-"< LOT 4 I
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STREET, ALLEY, PUBLIC SfRIP VACATION h ~;:j\-\_\...\~\-t. O ... c, ~O ·-------
RESERVED AS A PUBLIC UTILITY EASEMENT / ~· "esi "·I"' I
CITY ORDINANCE No , 2209 1 I"' 1 I
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VOLUME 3016 , PAGE 428 L T 22 I I LOT 5
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NOTES :
1. A LEGAL DESCR IPTION OF EVEN DATE ACCOMPANIES THIS PLAT . 60 30 0 60
2 . ALL BEAR ING S AND C00RD INAlES ARE REFERENCED TO THE 1EXAS COORD INATE
SYSTEM, NAD-83, THE N0R'Tli CENTRAL ZONE 4202, AU. DISTANCES AND AREAS
SHOWN ARE SURFACE UTILIZING A SURFACE FACTOR OF 1.0001375289116.
'
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1
SCALE IN FEET
City of Fort Worth
EXHIBIT SHOWING
A
1000 THROCKMORTON SfREET • FORT WORTH, TEXAS 76102
SANITARY SEWER LICENSE
OUT OF A
TRACT OF LAND DEEDED TO FORT WORTH AND WESTERN RAILROAD COMPANY
SITUATED IN THE
RICHARD CROWLEY SURVEY, ABSTRACT No. 313
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
PS RECORDED IN
VOLUME 9391, PAGE 2044
DEED RECORDS OF TARRANT COUNTY, TEXAS
PROJECT: FWWRR UTILITY CROSSING AGREEMENT
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AC UISITION AREA 1 991 S UARE FEET OR 0.046 ACRES CITY PROJ. No. 00969 CURTIS SMITH
JOB No . KHA.... 1214.00 DRAWN BY: JPH CAD FILE: 06A .DWG REGISTERED PROFESS IONAL LAND SURVEYOR
DATE: JUNE 7. 2013 EXH IBIT B PAGE 1 OF 1 SCA1£: 1" .. 60 ' NO . 5494 TEXAS FlRM NO. 10106900
GORRONDONA &: ASSOCIATES, INC. • 7524 JACK NEWEI.l BOULEVAA0 SOUTH FORT WORTH, TX. 76118 • 817-496-1424 FAX B17-496-1768
EXHIBITC
[PLANS AND SPECIFICATIONS]
SEE ATTACHED.
SANITARY SEWER LICENSE
(Whitmore/White Settlement -Parcel 6A .)
l:\03704\0047\MC0324. DOCX
WHITMORE STREET/WHITE SETTLEMENT ROAD
SA -16-INCH SANITARY SEWER LIN E
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"""'""" cQB"f WOK!!! CITY Of FORT WORTil. TEXAS
~ WATER DEPA RT MENT
WATER a SA!ffTAAY SEWE! RELOCATIONS FOR IBE
TIUN!TY RJVER VISION -CENT1!AI. CITY PROJECT
S. TRJNm UPTOWII SERVICE ARE.A
PIUSE5 I a 2A • BRIDGE t. OWIHEl RElOCATIOIIS
PAAl5 611. 12 • WHITE SITTW-IENT BruDGE
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PROP. 16" S.S . "B"
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Erxchange: Authorized Users Only Page I of I
Document Receipt Information
Reference Number: ALDAL18AT0000044870LSK -Other
Instrument Number: D213197702
No of Pages: 17
Recorded Date: 7/29/2013 10 :57:31 AM
County: Tarrant
Volume:
Page:
Recording Fee: $80.00
https://www.erxchange.com/UINiewReceipt.aspx?Documentid=77899 I 1 7/29/2013
Gonzales, Ronald
From:
Sent:
To:
Cc:
Subject:
Attachments:
McElroy, Denis C.
Monday, March 11 , 2024 3:2 1 PM
Young, Linda S.; Goodall, Jannette S; Ishmael , Sadie J.; Gonzales, 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; 48 N. Main Street.pdf; SA Henderson Street Ba zar .pdf; SB
Henderson Street Ba zar .pdf; 6A Whitmore White Settlement Road.pdf
Here's the second half of the scanned licenses.
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 McElroy
Ass istant City Attorney
20 0 Texas Street
Fort Worth , Texas 76102
(8 17) 392-2758
denis .mcelroy@fortworthtexas.gov
City of Fort Worth -Working together to build a strong community
FORT WORTH •
..., ,_,_:-' ,.,
From: Young, Linda S.<Linda.Young@fortworthtexas .gov>
Sent: Monday, March 11, 2024 3:06 PM
To: McElroy, Denis C. <Denis.McElroy@fortworthtexas.gov>; Goodall, Jannette S
<Jannette.Goodall@fortworthtexas.gov>; Ishmael, Sadie J.<Sadie .lshmael@fo rtworthtexas.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 -Working to ge th er to build a s trong 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
<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>; 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
Assistant C ity Attorn ey
200 Tex as Street
Fo rt Worth , Texas 76102
(81 7) 392-275 8
denis.mcelroy @ fortworthtexas.gov
City of Fort Worth -Working together to build a strong community
2
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.
fORTWORTH ..., 'slur ...
How am I doing?
Please contact my supervisor: linda. vounq@fortworthtexas.gov
4