HomeMy WebLinkAboutContract 61098l y $EC ETARY -I
coNTRACTNo . lo l D3R
Electronically Recorded Tarrant County Texas
O fficia l Publ ic Rec ord s 7/29/2 013 ·10 :49 AM D213197690
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NOTICE OF CON$<1Dl!N~L~i~IGHTS: IF YOU A~~twAfoirAL 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.
ST ATE OF TEXAS §
SANITARY SEWER LICENSE
(Henderson Street Bazaar)
Pa rcel SA.
ALAM O TIT LE COMP ANY
GF dZ:2 <2f212..rJ c/~8't 7--t: .S ~
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§
COUNTY OF TARRANT §
KNOW ALL MEN BY T HESE 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 t o and
condi tioned upon, the covenants and agreements here i n con tained to be by Licensee
kept, observed and performed, the receipt and sufficiency of which are he reby
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-e ight inch (48 ") nominal diameter sanitary sewer pipeline (steel,
ductile iron , or steel with reinforced concrete) encased in a seventy-two inch (72") steel
cas i ng 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 Exhib it "B 11 attached hereto and incorporated herein for any and all purposes
(the "Property"). The License granted herein shall be solely for the operation,
ma intenance, 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
Exhib it "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 groundcover from the top of the bore as
provided in the Plans and Specifications , The Sanitary Sewe r Facility shall also be
SANITARY SEWER LICENSE
(Henderso n Street Baz aa r -Parcel 5A .)
l :103704\004 7\MC032f DOCX OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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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.
STA TE OF TEXAS §
SANITARY SEWER LICENSE
(Henderson Street Bazaar)
Parcel 5A.
ALA MO TITL E CO!v1PANY
GF .d_T _aao<LrJ c/08't '1-t: 5tf.:
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§
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 rece ipt 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 -eight inch (48") nom inal diameter sanitary sewer 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 he rein 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 groundcover from the top of the bore as
provided in the Plans and Specifications . The Sanitary Sewer Facility shall also be
SANITARY SEWER LICENSE
(Henderson Street Bazaar -Pa rcel 5A)
l :\0370 4\0047\MC0321 DOCX
constructed , operated , maintained, repa ired, renewed , modified and/or reconstructed by
Licensee in st rict conformity with AREMA standards , except as may be modified and
approved by and Licensor's Ch ief 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 str ingent standard shall app ly. 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
sat isfaction of Licensor.
3 . Licensee shall use this License solely for the purpose provided for herein
and shall not use it for any other purpose whatsoeve r.
4. Licensee's cont ractor shall, with in thirty (30) days of invoice to Licensee's
contractor, reimburse Licensor for any expenses incurred by Licensor for f lagmen to
protect its traffic and for false work to support Licensor's track during installation of the
San itary 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, prov ided that Licensee or its contractors shall make every effort to notify
Licensor of the nature of t he 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 . Explos ives 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"), relat ing to Licensee's use of Licensor's property
hereunder including but not limited to the National Ra ilroad Safety Standards and
American Railway Engineering and Maintenance -of-Way Association Standards
SANI TARY SEWER LICENSE 2
(Hende rson Street Ba zaar -Parce l SA ,)
l :\03704\0047\M C0321 DO CX
(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 CGO0 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, 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
(Henderson Street Bazaar -Parcel SA)
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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 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.
SANITARY SEWER LICENSE 4
(Henderson Street Bazaar -Parcel 5A .)
l :\03704\0047\MC0321 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 .
t 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 endorsemen t , 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
SANITARY SEWER LICENSE 5
(Henderson Street Bazaar -Parcel 5A.)
1:\03704\004 7\MC0321 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 .
L 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
(Henderson Street Bazaar -Parcel SA)
l :\03704\0047\MC0321 DOCX
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 mus t be stated on the certificate of insurance .
p. Insurance requirements of Li censee, 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 co rrespondence 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
time ly 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 publ ic 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 relat ive to the rights granted Licensee
hereunder. In addition, Licensor retains, reserves, and shall continue to enjoy the use of
SANITARY SEWER LICENSE
(Henderson Street Bazaar -Parcel 5A)
I:\03704\0047\MC032 1 DOCX
7
the suriace of the Property for railroad and related uses and any other purpose that
does not interiere 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 periormed 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 .
SANITARY SEWER LICENSE
(Henderson Street Bazaar -Parcel SA)
l :\0370 4\0 047\MC032 1 DOC X
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17 . Licensor 's failure to enforce or exercise 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 Li censee . 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 : 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 prepa id, 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 a re 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 . This instrument, together 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.
Tf-f
IN WITNESS WHEREOF , this instrument is executed on the 2 7 day of
J \/JV CZ; , 2013 .
SANITARY SEWER LICENSE
(Hende rson Street Ba zaa r -Parcel 5A)
l :\03704\00 47 \MC032 1 DOC X
FORT WORTH & WESTERN
RAILROAD COMPANY
By :_A_« __
9
Steven P. George
President and CEO
AGREED TO AND ACCEPTED :
THE CITY OF FORT WORTH, TEXAS,
By: _______ ~-~--~-L-
Fernando Costa, Assistant City Manager
APPROVED AS TO FORM AND LEGALITY: /
~t~
Assistant City Attorney
STATE OF TEXAS §
§
COUNTY OF TARRANT §
This instrument was acknowledged before me on the ~ 1f~ day of
:::f '--t.n-:e__ , 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 LICENSE
(Henderson Street Bazaar -Parcel 5A.)
l :\03704\0047\MC0321 DOCX
10 OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
EXHIBIT A
[METES AND BOUNDS LEGAL DESCRIPTION]
SEE ATTACHED.
SANITARY SEWER LICENSE
(Henderson Street Bazaar -Parcel SA)
l :\03704\0047 \MC0321 .DOCX
FORT WORTH AND WESTERN RAILROAD CROSSING AGREEMENT
BAZAAR
PARCEL No. SA
SANITARY SEWER LICENSE
CITY PROJECT No. 00969
RICHARD CROWLEY SURVEY, ABSTRACT No. 31.3
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 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 sanitary sewer license being more
particularly described by metes and bounds as follows:
COMMENCING at a point for the northeast comer of Block l 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 of land deeded to the Fort Worth and Western Railroad Company and with the east line of
said Block 1, a distance of 111.81 feet to the POINT OF BEGINNING of the herein described
sanitary sewer license;
THENCE South 51 degrees 42 minutes 00 seconds East, a distance of 104.05 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, passing at a distance of 6 .16 feet,
a 1/2 inch iron rod with cap stamped "Fulton Surveying" found for the northwest
comer of a 5 ,630 acre tract of land (by deed) deeded to Tarrant Regional Water
District as recorded in County Clerk's File No . D211294524 of said Deed Records of
Tarrant County, Texas, in all, a distance of 52 ,02 feet to a point for corner;
THENCE North 51 degrees 42 minutes 00 seconds West, a distance of 104 .05 feet to a point for
corner 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 74.3 ,34 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;
Exhibit A Page 1 of 2
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 di stance of 52 .02 feet to the POINT OF BEGINNING and
containing 5,202 square feet or 0.119 acres of land, more or less .
Notes:
(1) A plat of even survey date herewi th accompanies this legal descdption ,
(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.0001375289116.
Curtis Smith
Registered Professional Land Surveyor
No . 5494
Exhibit A Page 2 of 2
SANITARY SEWER LICENSE
(Henderson Street Bazaar -Parcel 5A.)
l :\03704\0047\MC0321 DOCX
EXHIBIT B
[SURVEY]
SEE ATTACHED.
----
EXHIBIT
PARCEL No.
RICHARD CROWLEY SURVEY
ABSTRACT No. 31 3 ------
P.O.C.
BRASS CAP
IN CONCRETE FND
FOR REFERENCE BEARS
S 63'51 '27"W 0 ,33'
I
I I
I
LINE TABLE
LINE BEARING
L-1 S 51'42'00"E
I L-2 S 2T16'04"W
L-3 N 51'42'00"W
L-4 N 22"1 6'04"E
TARRANT COUNlY WATER CONffiOL
AND IMPROVEMENT DISTRICT No . 1
VOLUME 2529, PAGE 533
D.R .T.C.T.
PASSING AT 6 .16'
A FND 1/2"1R
W/CAP STAMPEO
"FULTON SURVEYING "
DISTANCE
104.05'
52.02'
104.05'
52.02'
TARRANT COUNlY WATER CONTROL
AND IMPROVEMENT DISTR ICT No 1
VOLUME 2642, PAGE 47
/ 5 630 ACRES (BY DEED)
/ TARRANT REGIO/'lAL
WATER DISTRICT
DR T.CT
/
C CF No . 0211294524 \
NOTES:
1-A LEGAL DESCRIPTION OF EVEN DATE ACCOMPAN IES THIS PLAT.
2 . ALL BEAR INGS ANO COORD INATES ARE REFERENCED TO TiiE 1EXAS COORDINATE
SYSTEM, NAD-83, THE NORTH CENTRAL ZONE 4202, AU. DISTANCES ANO ARE'AS
SHOWN ARE SURFACE UTILIZING A SURFACE FACTOR OF 1.0001375289116.
100
'
DR TC .T
50 0 100
i !
SCALE IN FEET
City of Fort Worth
EXHIBIT SHOWING
A
1000 THROCKMORTON STREET • 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
err( 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~Q~U~IS~IT~IO~N,__,_,A~REA=-:...~5~2=0~2_S=U~A~R~E~FE==ET=-::---'O~R-;---.;0~.1~1~9~A~C=R=E=S---t~C7.ll:-'-=Y~PR~07.J~.~N~o~.~0-0=9~69~-1CURTIS SMITH
__,J'-"O"'-B ~N~o.~K~HA_:.,:.1:,e:2c,..:13::;.0:.::D ____ -i,-:;.;DRA"""-'WN-=-=BY,:-:c:...;:J""PH~---------+-"CAD~.,...F11.E!-=• _OS_A.,.,.Dc:,WG,-------1REGISTERED PROFESSIONAL lAND SURVEYOR
DATE: JUNE 7, 2013 EXHIBIT B PAGE 1 OF 1 SCALE! 1" 0 100' NO. 5494 TEXAS FlRM NO . 10106900
GORRONDONA & ASSOC!ATES, INC . • 7524 JACK NEWELL BOULEVARD SOUTH FORT WORTH, TX. 76118 • 817-496-1424 FAX 817-496-176B
EXHIBIT C
[PLANS AND SPECIFICATIONS]
SEE ATTACHED.
SANITARY SEWER LICENSE
(Henderson Street Bazaar -Parcel SA ,)
l:\03704\0047\MC0321 DOCX
PLAN D,ITA TABLE
CARRIER PIPE I CASIN G PIPE
ContcnlS' <o be h.:lndkd S:m it:i.rv Sewer I C;irrier-Pi:nc
Ouuidedatm:1er 54.71 in. (mid,dll I 7-$,00 in. (mini
Ptrl cMali:rQI Ductile Iron IOI) I Stccl(STLl
Spt"tific:iho ns :ind gr.uJc ,\WWACIS0
I
,\Sn1 Al39,
(Ple,,surc Chu \SO) GradcD
Wall1hiclme,.s 0.46 in. I 1.0 in . (min)
Actwl \\~rkinl! nrcsS\l tc 13 ps:1 I NI A
Type or;orn1 Ocll :md Spigot
I
Welded
!Rubber G'5~e1)
Coallnt! y.,.. I Yes
'.\1c1hod ofinst.alfl1ion Ins ide C:is mg I Bo nng/J~ckins
ISnlCmt
Sc ls: Both cnd1: y Orst rod: N n-pc:!'-IIA
Bur.-: B~co(nil lo Ion ofc:isin~: 60 n. 0 in.
Bury: (Nol bcnc:i:th Inda ) NII\ fl .
Di:rv: rRo;idw~dirchcs} ,, ft . 0 "'· Type, srz.e ;in d sp:icrn s ofiruub1orsor Co:itctl Sr«~ 6 ' rp;iC'tnG fmixt . .and
s1rnnnns : t!mutme of.1.nrrul:lr m.lcc
Dt"itancc C.L lr:ick 10 filce of i:ickinc/rcccfrina 11i1s 65 fi . 1n.
Oury; Due ofr.ail 10 bollom RddnE?!rccci\·inc nits: 61 n.. 1ri.
U1hodtc: nro 1w ion: Yes I t No DC!
.. ~· i
BAZA AR SA -4 5 -INCH S ANITARY SEl'l'ER LINE
-~-;-:-~7.,...,~-:----t-t-;:-:/,,:11:::~=·i=: :!!.r:!!1t"'a~·~=J.!:;-·L"' .. =11: ·!;t=·r.·-=·· =!=-n:t-=-:. _.\_:---,-.,1-:i·_• ;-'..,.....--r'~""=-i
_Sc!•~---.--,-,--;--~--;-,.-
S,10 1 540
'-j--~--+:7.,,----,,,,;,c-<>-''t,::-r-'.--:--'-:~--::--:--:--t--::r:~::--c~-:--;,,---t,-;--'---:--7=:5J,;,_
:-
5151
51 0 1 -t
... I
' ~oo i
• i
; ;.'.!
0 ♦00 .... 9 ♦>0
NOTES
WANWNG
:--c ~c::.a • , •••~ :,1.'(•,~:,,~ :• I ••'..i •I ~ •J·.i.1f"f ?r ,.,.~,.,. f ••
~';, ~~•••'"• ,4;~~mo::,;,..,.i:. •~. ";"[: t ~~• ;} ,.~ ~>:-,,
':7 \t'FO"• ~-;::.•-.::-1 , :t=~ '-'•:J :'W!•,!i;"'I :;>' fl[~•.-.:, ,,•t •:(";
r-,-(1,1 ~o :::•,!?:.:i;;:r:,,
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:-..-1u:.; t-! •a.:c.,...,::; err-ct; .. 1 ~{•':.1 ,, '"'='-"~ re,~,. ·:-
l •::•\·o:-:;,i ._ .... :, l:,::'-·::.••
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c::""C"Pr:-=•.tt":.
UJ.U -:::,r.t"'• r;;-r:, ':''"'I~•,:\,
0:,11 , =--r c<i: r.:,:;r,., fl.t.rr• :tr,r:,'1(•,·
c--:.'t ·.:. :-•r.:t:-;.
;;:.,.6• :,u::r , .,.,:.:r,: ";C";r, ,..,,c :: .. :.:,;, ucc• ... .;
• 0,,-t C,,1 •,( (:t,C'.; :: .. : .-,,v ,., e~• -.. .. , .. -i." ~:">Yt~.~•1,r .,~
l!..r.:D.l?.
~ ~:.~;,;,;
""""°'"' S,.l "l •~f
"'""'"" -Cll''O"""...m"
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r '""" •o•
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i;:a ~~::;;~
i ~:'JO ! ,u -~;~,
:!l C} ~!~--:,;:;
: .,,, • ~!-~· ...
: !t~I ;-·: -•:Pl :~•:J ;;-~-;:O.I!
1~?ti::t:::::::::""""':=·="=· ::::::::':'j':.-:·~
CliY CF rmn WCRTH', T[X.\S f,
, ... 'l'UI v.,.a.:nll!ln
WATER !. SAWTARY SEW'ER RELOCATI OHS FO R
THE TR rtllTY RrvE.R V1S IO!l • CE !lTRAt CIT'J'
PROJECT & TRUHTY U PTO\'VU SERVlCE ,'\REA
PHASE I -BR IDG E & CHAN NEL RElOCATIOUS
FO RT \~RTH ,C,JjQ \',ESTERtf Mn.ROAD
CROSSIHG EXHrOITS
''-----------------------------------------------------------'---.E..,_A""".t1..-l"ts;..,l-,!C..------~
Erxchange: Authorized Users Only Page I of I
Document Receipt Information
Reference Number: ALDAL18AT0000044B69LSK -Other
Instrument Number: D213197690
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/UINiewReceiptaspx?Documentid=7789886 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; Ishmael , Sadie J.; Gonzales, Ronald; Tidwell, Allison
Aransen , Ma x; Guzman, Leann ; Murray, Matt
RE : FWWR License s 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 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
Assistant City Attorney
20 0 Texas Street
Fort Worth , Texas 76102
(817) 392-2758
denis.mcelroy@ fortworthtexas .gov
City of Fort Worth -Working together to build a strong community
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@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,
J B <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 Delivery
Office 817-392-2485 (I am working remotely -please call cell phone)
Cell 817-734-3819
linda.young@fortworthtexas.gov
City of Fort Worth -Working together to build a strong 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 City Attorney
200 Texas Street
Fort Worth , Texas 76102
(817) 392-2758
denis .mcelroy@fortworthte xas.gov
City of Fort Worth -Working together to build a strong community
2
fORTWORTH e ---~ .,.,
From: Goodall, Jannette S <Jannette.Goodall@fortworthtexas.gov>
Sent: Mond ay, March 11, 2024 1:22 PM
To : Ishmael , Sadie J.<Sadie .lshmael@fortworthtexas.gov>; Gon za les, Ronald <Ronald .Gonzales@fortworthtexas.gov >;
Tidwell , Allison <Allison .Tidwell@fortworthtexas.gov >
Cc: Aransen, Ma x <Max.Aransen@fortwo rthtexas .gov>; Youn g, 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 Li censes
Sadie ,
CSO staff have already searched and we never re ce ived the original documents to file , there no contract number was
assigned in 2013 . Since they we r e not sent to us , I would assume that either th e Depa rtment or Law (since Law did sign -
off on the documents in 2013) would have the original. I think this is a question fo r Law since the department only has a
copy from the County stamped unofficial.
From: Ishmael , Sadie J. <Sadie.lshmael@fo rtworthtexas.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 i n r egards to the attached documents .
Project Managers were not able to find original documents in your files and w ent to the Tar r ant 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 , Ma x <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). Th e 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.
Fo · ,ORTH
.... -_ .,., ...
How am I doing?
Please contact my supervisor: linda . vounq@fortworthtexas.gov
4
• ·-