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Home My WebLink AboutContract 61091Erxc hange: Authorized Users Only Document Receipt Information Reference Number: ALDAL18AT0000044864LSK -Other Instrument Number: D213197666 No of Pages: 17 Recorded Date: 7/29/2013 10:44:02 AM County: Tarrant Volume: Page: Recording Fee: $80 .00 https ://www .erx change .com/U 1/ViewReceipt .aspx?Documentl d= 7 789 83 7 Pag e I of I OFFICI AL RECORD CITY SECR ETARY FT. W ~ • Electronically Recorded T arrant County Texas Officia l P ubl ic Records 7/29/2 01 3 10:44 A M D213197666 l _fYb.~JO-~.J~M <-;m PGS 1: $8 0 00 NOTICE OF co~~~ql~iRIGHTS: IF YOU ~nxtt FI.irffiRAL 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 § § COUNTY OF TARRANT § WATER LINE LICENSE (Northside Drive) Parcel 1A ALAMO TI TLE COMP~~y GF d.1-tJ tJtJtJ o t/ ✓ f v y__:!-.5 t //L 1)4L I i KNOW ALL MEN BY THESE PRESENTS : 1. That, Fort Worth & Western Ra ilroad 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 valuab le consideration , and subject to and cond itioned upon, the covenants and agreements herein contained to be by Licensee kept, observed and performed, the rece ipt 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 twenty-four Inch (24") nominal diameter water plpeline (steel, ductile iron , o r steel with reinforced concrete) encased in a forty-two inch (42 ") 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 rlght --of-way and railroad facilities located in Northside Drive , 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 here in for any and all purposes (the "Property"). The License granted herein shall be solely for the operation , maintenance, replacement, upgrading and repairing of the water line under a port ion of the Property in accordance with , and as shown on, attached Exhibit "A" and Exh ibit "B" (the "Water Line Fac il ity"). 2. T he Water Line Faci lity shall be constructed and/or Installed on the Property in accordance with the plans and specifications attached hereto as Exhibit "C" and in corporated 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 mainta in the Water Line Facili ty 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 rallroad . 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 Water Line Facilfty shall also be constructed , operated, WATER LINE LICENSE (Norths[de Drive -Parce l 1A.) l:\0 370 4\0047 \MB 91 36 DOC X G!l SEC ETARY cONrRAcrNo. fol 0 91 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 § § COUNTY OF TARRANT § WATER LINE LICENSE (Northside Drive) Parcel 1A. ALAMO TITLE COlviPA~? _ GF J1 OtJtJtJo ✓✓r tr _{!_ Jc /.lli)r:/L /5 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 twenty-four inch (24") nominal diameter water pipeline (steel, ductile iron, or steel with reinforced concrete) encased in a forty -two inch (42") 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 Northside Drive, City of Fort Worth, Tarrant County, Texas, described by metes and bounds on Exhibit "A" and as dep icted 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 water line under a portion of the Property in accordance with, and as shown on, attached Exhibit "A" and Exhibit "B" (the "Water Line Facility"). 2. The Water Line 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 Water Line 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 directiona l drilling or by dry bor ing and jacking methods, and there shall be a minimum groundcover from the top of the bore as provided in the Plans and Specifications . The Water Line Facility shall also be constructed, operated, WATER LINE LICENSE (Norths ide Drive -Parcel 1A) l:\03704\0047\MB9 13 6 DOCX OFFICIAL RECORD cny SECRETARY FT. WORTH, TX 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 AR EMA 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 Water Line 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 Water Line 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 Water Line 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 Water Line Facility Licensee or its contractors shall keep the right -of-way i n 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, ru les, 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 . WATER LINE LICENSE (Northside Drive -Parcel 1A .) l:\03704\0047\MB9136 DOCX 2 8. Licensee , or its cont ractor, 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 . Comme rc ial Genera l 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 . Cont ractual liability shall afford coverage for sole negligence . CGL insurance must be written on ISO Occurrence Form CG00 01 12 04 (or a subst itute form providing equivalent coverage), including but not limited to cove rage for the following : Bodily injury Property damage Personal injury and adve rt ising 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 ra ilroads (w ithin 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 add itional insured . Licensee 's or its contractor's insurance policies must include wording wh ich states that policy(ies) shall be primary and non-contributory with respect to any insurance carried by Licensor. b. Business Automobile Insu rance . Business Automobile Insurance shall contain a combined sing le 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 : WATER LIN E LICENSE (Northside Dr ive -Parcel 1 A ) l :\03 704\0 04 7\MB91 36 DOCX 3 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 Liab il ity 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 liab il ity ar ising 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 . Pollut ion 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 leas t $5,000 ,000 per claim and an aggregate limi t 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 per iod 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 dispos ing of such materials . WATER LINE LICENSE (Northside Drive -Parce l 1A .) l :\03704\004 7\M89 136 DOC X 4 e. Umbrella or Excess Liabil ity 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 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 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. WATER LINE LICENSE (Northside Drive -Parcel 1 A .) l :\03704\0047\MB9136 DOCX 5 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 . WATER LINE LICENSE (Northside Drive -Parcel 1A) l :\03704\0047\MB9136 DOC X 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 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 Water Line 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 Water Line 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 Water Line 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 WATER LINE LICENSE (Northside Drive -Parcel 1 A) l :\03704\00 47\MB9136 DOCX 7 the surface of the Property for railroad and related uses and any other purpos e 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 shal l retain the right to use the Property and to grant additional li censes and easements to third parties , over, across and through the Property for facilities running parallel with Licenso r's right-of-way of which the Property is a part. Any future agreement with Licensor providing for a facility running paralle l with Licensor's right of way shall prov ide that such facility (i) shall cross the Water Line Facility at an angle between 45 · and 90 ° 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 ; (i ii) shall include tracer balls or other below-ground identifying location markers and above - ground signage location markers or other means for ident ifying the location of the Water Line Facility; and (iv) shall be installed at least five (5') feet above or below the Water Line Facility . 14 . Fiber optic cable systems may be buried on Licenso r's right-of-way , Protection of the fiber optic cable systems is of extreme importance since any break could disrupt serv ice 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 lim itation, 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 Water Line Facility (includ ing initial construction and subsequent relocation or substantial maintenance and repa ir 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 rema inder 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 . WATER LINE LICENSE (Norths ide Drive -Parcel 1A) l:\03704\0047\MB 9 136 DOCX 8 17 . Licensor's failure to enforce 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 who le 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, 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 inu re to the benefits of the successors , legal representatives 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 uppn Licensor without the written consent of Licensor in each instance . 21 . The terms hereof and all rights and obligatlons 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 enti re agreement with respect to the subject matter hereof. IN WIJ.bJESS WHEREOF, this instrument is executed on the _;J J,JL-I 2013 . !,1! 2 / day of WATER LIN E LICENSE (Northside Dr ive -Parce l 1 A .) l :\0 3704\004 7\MB 9 136 DO CX FORT WORTH & WESTERN RAILROAD . CC001Mf Y _ By /LA~/ 9 Steven P. George President and CEO AGREED TO AND ACCEPTED : THE CITY OF FORT WORTH, TEXAS, a municipal corporation By: ------"--fi _____ , 1~-~~Lc_ Fernando Costa, Assistant City Manager APPROVED AS TO FORM AND LEGALITY : ~I/H?J1t,/J1 Assistant City Attorney STATE OF TEXAS § § COUNTY OF TARRANT § This instrument was acknowledged before me on the ah day of <~, , 2013, by Steven P. George, President and CEO of Fort Worth & Westerr;\~Jr,oad Company, a Texas corpora on, on behalf of said corporation . ,,,,,1 ,,,,,,, $:"'' -l?~ ~~~Lr ,,,,,,~ $ ..--1-1or -.0.,, ~ .:;: .• C, .q_,, 0 ~ g O : :!:"* .t. '. -i. ~ := -:,.,,rn "': Z = ~ ~ ~~'1 ~} rn ~ ~ <f '·.":P~ 1:-,r ')" ,: ,? ~ ~ ""'o ', . .!' AS .v ~ A/r:i;k -Ec~it;ttG RETURN To : Mr. Theb88~t'p _ Gorski, Jr. Assistant City Attorney The City of Fort Worth 1000 Throckmorton Street Fort Worth, Texas 76102 WATER LINE LICENSE (Northside Drive -Parcel 1 A) 1:\03704\004 7\MB9136 DOCX 10 Off~CIAL RECORD CITY ECRETARY fl. WORTH, TX EXHIBIT A [METES AND BOUNDS LEGAL DESCRIPTION] SEE ATTACHED. WATER LINE LICENSE (Northside Drive -Parce l 1A) l :\03704\0047\MB9136 .DOC X FORT WORTH AND WESTERN RAILROAD CROSSING AGREEMENT NORTHSIDE DRIVE PARCELNo. lA WATER LINE LICENSE CITY PROJECT No. 00969 FELIX G. MULLIKEN SURVEY, ABSTRACT No. 1045 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS EXHIBIT "A" Being a water line license situated in the Felix G. Mulliken Survey, Abstract No. 1045, City of Fort Worth, Tarrant County, Texas, and being a portion of a tract of land deeded to the Fort Worth & Western Railroad as recorded in Volume 9391, Page 2044 of the Deed Records of Tarrant County, Texas, said water line license being more particularly described by metes and bounds as follows: COMMENCING at a 3/4 inch iron rod found for corner in the northwest right-of-way line of Northside Drive (a 90.0' right-of-way) and in the southeast line of a tract of land described as Tract I deeded to the Fort Worth Independent School District as recorded in Volume 7406, Page 216 of the Deed Records of Tarrant County, Texas, from which a point for the southwest comer of said Tract I bears South 59 degrees 52 minutes 17 seconds West, a distance of 27 .84 feet; THENCE South 59 degrees 52 minutes 17 seconds West, with the northwest right-of-way line of said Northside Drive and with the southeast line of said Tract 1, a distance of 187 .66 feet to a point for comer in the easterly line of said tract of land deeded to the Fort Worth & Western Railroad, said point being the northwest comer of a tract of land deeded to the Tairant Regional Water District as recorded in County Clerk's File No . D209336857 of the Real Property Records of Tarrant County, Texas; THENCE South 04 degrees 04 minutes 35 seconds West, with the easterly line of said tract of land deeded to the Fort Worth & Western Railroad and with the westerly line of said tract of land deeded to the Tarrant Regional Water District, a distance of 61 .68 feet to the POINT OF BEGINNING of the herein described water line license; THENCE South 04 degrees 04 minutes .35 seconds West, with the easterly line of said tract of land deeded to the Fort Worth & Western Railroad with the westerly line of said tract of land deeded to the Tarrant Regional Water District, a distance of 24 .16 feet to a point for comer; THENCE South 59 degrees 57 minutes 20 seconds West, a distance of 120 .80 feet to a point for comer in the westerly line of tract of land deeded to the Fort Worth & Western Railroad; THENCE North 04 degrees 04 minutes 35 seconds East, with the westerly line of said tract of land deeded to the Fort Worth & Western Railroad, a distance of24.16 feet to a point for corner; Exhibit A Page 1 of 2 THENCE North 59 degrees 57 minutes 20 seconds East, a distance of 120 .80 feet to the POINT OF BEGINNING, and containing 2,416 square feet or 0.055 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 1.0001 .375289116 . Curtis Smith Registered Professional Land Surveyor No . 5494 Exhibit A Page 2 of 2 WATER LINE LICENSE (Northside Dr ive -Parce l 1 A) l :\03704\0047\MB9136 .DOCX EXHIBIT 8 [SURVEY] SEE ATTACHED. N 04'04'35"£ 24.16' / LO/~> / LOT 14 Cl> NOTES: EXHIBIT "B" PARCEL No. 1A j FORT WORTH AND I WESTERN RAILROAD COMPANY VOLUME 9391, PAGE 2044 f D.R.T .C,T. ~ I S 04'04'35"W 24.16' / WATER LINE LICENSE AREA 2,416 SQ. FT. OR 0.055 ACRES 11 . 897 ACRES (B Y DEED) TARRANT REGIONAL WATER DISTRICT C C F. NO . D2D9JJ6857 DRTC.T 1. A LEGAL DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PLAT. 60 1 2 , ALL BEARINGS AND COORD INATES ARE REFERENCED TO lHE TEXAS COORDINATE SYSTEM, NAD -83, THE NORTH CENTRAL ZONE '4202, AU. DISTANCES AND AREAS SHOWN ARE SURFACE UTILIZ ING A SURFACE FACTOR OF 1.0001375289116. I I I J r.f :,. TRACT I 0.9181 AC RES (BY DEED) FORT WORTH INDEPENDENT SCHOOL DISTRICT VOLUME 7406, PAGE 216 o.a, "/ 30 0 60 I 1 ! SCALE IN FEET City of Fort Worth EXHIBIT SHOWING A WATER LINE LICENSE OUT OF A 1000 THROCKMORTON STREET • FORT WORTH . TEXAS 76102 TRACT OF LAND DEEDED TO FORT WORTH AND WESTERN RAILROAD COMPANY SITUATED IN THE FELIX G. MULLIKEN SURVEY, ABSTRACT No. 1045 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=U.::lS"--'IT""'IO:.:.:N:....A:..::R..:.:EA=-:..-;2=..:.4.:..;1 6a....;:;S=U""iA-"-R=E'--'-'FE=ET:.:......;O""'R"'-=0~.0=5=5-'A.aaCa.a..R=E.;..S--+=Cl'-'-TY,.__._P"""R=OJ=._,N=o=•...,0~0=9 .... 69 ____ ----1CURTIS SMITH -.,J::.;:O:.::.B...:.N~o,_ • ..,,KHA...:.=..:.:10:.::.03;:.:..0;::.:3'-----+=.:DRA=WN"-=BY-'-':-'R-"'K'--------i-;;;C.;.;;AO;;_;_;Fl.;;;;LE;.;..: ..c.0.;.;.1 A,;;;;.D""W.c.G ____ --1REGISTERED PROFESS IONAL LANO SURVEYOR DATE: JUNE 7, 2013 EXHIBrT B PAGE 1 OF 1 SCALE: 1• = 60' NO . 5494 TEXAS FIRM NO . 10106900 GORRONDONA &: ASSOCIATES, INC. • 7524 JACK NEWEU. BOULEVARD SOUTH FORT WORTH, TX . 76118 • 817-496-1424 FAX 817-496-1768 WATER LINE LICENSE (Northside Drive -Parcel 1A) I:\03704\0047\MB9136 DOCX EXHIBIT C [PLANS AND SPECIFICATIONS] SEE ATTACHED. i S20 0 I l (!) ls1. i NORTHSI DE ORNE 1A. 2~~NCH WATER LI NE ' ' 1~00.1?9~1 v~~~;~r, !X.rot I 1-0"r.i" R~C[ff 1-G" OLU1:tt: l'l'Tt t Ii(: JJ :,, 40-0tJ, I 11-15• C.Y . .\" !tOl! J R[: .lJ 12 70•01."5 I coru. ;o Cl. 6" ""-l. I lt{WO\'t:Cll.J1J:rr1=1>.-:: U:tl?-!.e&1J.,1 ~ 1 j t ::i.!WH~-~ __ , _ ... ~! .. t. All ,.,n:J!.t-c~ :t'1"1..!'; ~<v..U t'r c:• ;"T :c.oa t -,;-,=:-,.. ',UJ~A~'> ("[l l.1~ ut.'..[:O:; 'f\1~0 IH"•!~W":.C, :". ~ot (.='Hll&Crr-?•l,l~ I![ -,_:.,,:-,,~.r r;'fl' l<.'C.l~:"j;; •:I u:7.r:-:t=. .-\<C"-f"li. 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T C ~.L'..!..rl.!!;."~ ' •t:' ~'!1~'; '.'. . 1 ... ,: •I [Y,~~l~ 1S ( ;"J :1~1~ :JI cu ·• ~-•-:r ~!.: Gonzales, Ronald From: Sent: To: Cc: Subject: Attachments: Denis McElroy A ssistant City Attorney 200 Texas Street Fort Worth , Texas 76102 (817) 392 -2758 McElroy, Denis C. Monday, March 11, 2024 3:17 PM Young , Linda S.; Goodall, Jannette S; Ishmael, Sadie J.; Gonzales, Ronald ; Tidwell, Alli son Aransen , Ma x; Guzman , Leann ; Murray, Matt RE : FWWR Licenses BATCH 1 of 2 -tracts 1A thru 3B 1A Northside Drive .pdf; 1 B Northside Drive .pdf; 2A N. Calhoun Street.pdf; 3A N. Commerce Street.pdf; 3B N. Commerce Street.pdf den is.mce lroy @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.go v >; 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. Thanks! 1 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 Ci ty of Fort Worth -Workin g togeth er to build a s trong community. How am I doing? Contact my manager at lissette.acevedo@fortworthtexas.gov From: McElroy, Den is 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@fort worthtexas.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 A ssi stant City Attorn ey 200 Texas Street Fort Worth , Texas 7610 2 (817) 392-27 58 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@fort worthtexas .gov>; Guzman, Leann <Leann .Guzman@fortworthtexas.gov>; Strong, JB <John.S t rong@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 o r 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@fo rtworthtexas.gov>; Tidwell , Allison <Allison.Tidwell@fortworthtexas .gov>; Goodall, Jannette S <Jannette.Goodall@fortworthtexas.gov> Cc: Aransen , Max <Max.A ransen@fortworthtexas.gov>; Young, Linda 5.<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 . Thank you, Max Max Aransen, P.E. Shield Engineering Group, PLLC 3 Capital Delivery Division Transportation/Public Works Department City of Fort Worth Office: 817 .392.7857 Cell : 817.504.1685 (call cell) Email: max .ar ansen@fortworthtexas .gov City of Fort Worth -Working together to build a strong community. FORT WORTH ~ How am I doing? Please contact my supervisor: linda.younq@fortworthtexas.qov 4