HomeMy WebLinkAboutContract 61095Electronically Recorded Tarrant County Texas
O ffic ial P ublic Records 7/29/2 01 3 10:46 A M 0213197687
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NOTICE OF CONAOEN1!1iffl..<ilf11;iRIGHTS : IF YOU A~~~'A.~AL PERSON, YOU MAY
REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY
INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS
FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR
YOUR DRJVER'S LICENSE NUMBER.
ST ATE OF TEXAS §
§
COUNTY OF TARRANT §
STORM DRAIN LICENSE
(N . Commerce Street)
Parcel 3B .
ALA MO T!T l~E COMP ANY
GF /22-To'&ooo (/c/Y? 7 -c 5it_
,4L2>4L /j
KNOW A L L MEN BY THESE PRESENTS :
1. That, Fort Worth & Western Railroad Company , a Texas corporation
("Licensor"), of the County of Ta rrant , State of Texas , for and In consideration of ten
dolla rs ($10 .00) and other good and valuable cons ideration , 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 "), wi thout 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 ") nominal diameter storm drain pipeline (steel , ductile
iron, or steel with reinforced concrete) encased in a seventy-two inch (72") steel casing
pipe (which cas ing 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 and adjacent to N. Commerce Street , City of Fort Worth , Tarrant
County, Texas, described by metes and bounds on Exhibit "A" and as depicted on the
survey in Exhibit "B" attached hereto and incorporated herein for any and all purposes
(the "Property"). The License granted herein shall be solely for the operation ,
maintenance, replacemen t , upgrading and repairing of the storm drain line under a
portion of the Property in accordance with, and as shown on, attached Exhibit "A" and
Exhibit "B" (the "Storm Drain Facility'').
2. The Storm Drain Facility shall be constructed and/or installed on the
Property in accordance with the plans and specifications attached hereto as Exhibit "C "
and Incorporated herei n for any and all purposes ("P lans and Specifications") and the
Techn ical Specifications prepared by Kim ley-Horn and Associates dated 05 -15-13 City
of Fort Worth Project 00969 . Licensee shall, at its sole cost and subject to any statute,
order, rule or regulation or any public authority having jurisdiction thereof, locate,
construct and maintain the Storm Dra in 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 Licenso r's railroad.
Installation shall be by either directional drilling or by dry boring and jacking methods,
and there shall be a minimum groundcover from the top of the bore as provided in the
Plans and Specifications . The Storm Dra in Facility shall also be constructed, operated,
ST ORM DRAIN LIC E NSE
(N . Commerce Street -Parcel 38 .)
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---------! OFFICiAL RECORD
tin' SECR ETARY
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 §
§
COUNTY OF TARRANT §
STORM DRAIN LICENSE
(N . Comme rce Street)
Parcel 3B.
ALAMO TITLE COMPANY
GF/22-Tt?OOcJO </c/%? 7 -c S"ie_
/JL2J4 L I J1
KNOW ALL MEN BY THESE PRESENTS:
1. That, Fort Worth & Wes tern 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 here in contained to be by Li censee
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 a rise by
commo n 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") nominal diameter storm drain pipeline (steel , ductile
iron, or steel with reinforced concrete) encased in a seventy-two inch (72 ") steel casing
pipe (which casing pipe will extend twenty feet (20') beyond the wid t h of the PropHrty on
each side) under, along and across the portion of Licensor's right-of-way and railroad
facilities located in and adjacent to N, Commerce 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 here in for any and all purposes
(the "Property"), The License granted herein shall be solely for the operation,
maintenance, replacement, upgrading and repa iring of the storm drain line under a
portion of the Property in acco rdance with, and as shown on , attached Exhibit "A" and
Exhibit "B" (the "Storm Drain Facility").
2 . The Storm Drain Facility shall be constructed and/or installed on the
Property in accordance with the plans and specifications attached hereto as Exhibit "C"
and incorporated herein for any and all purposes ("Plans and Specifications") a d 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 regulat ion or any public authority having jurisd iction thereof, locate,
construct and main t ain the Storm Drain 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 pre sent or
future tracks , roadbed and property of Licensor, or safe operation of Licensor's railroad .
Installation shall be by either directional drilling or by dry boring and jacking methods,
and there shall be a minimum groundcover from the top of the bore as provided in the
Plans and Specifications . The Storm Drain Facility shall also be constructed , operated,
STORM DRAIN LICENS E
(N . Co m merc e Street -Pa rcel 3B )
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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 ARE MA
standards and the requirements of any federal, state or municipal law, the more
stringent standard shall apply . All work performed on the Property in connection with the
construction, maintenance , repair, renewal, modification or reconstruction of the Storm
Drain Facility shall be done to the reasonable satisfaction of Licensor.
3. Licensee shall use this License solely for the purpose provided for herein
and shall not use it for any other purpose whatsoever
4 . Licensee's contractor shall, within thirty (30) days of invoice to Licensee's
contractor, reimburse Licensor for any expenses incurred by Licensor for flagmen to
protect its traffic and for false work to support Licensor's track during installation of the
Storm Drain Facility and for any other expenses incurred by Licensor arising out of or as
a result of the installation, operation or maintenance of such facility as provided for
hereunder.
5.. Licensee shall, upon giving Licensor seventy-two (72) hours' advance
notice by contacting the Licensor's Chief Engineer, have the right to enter the Property
for the purpose of installing, maintaining, repairing or removing the Storm Drain Facility .
In the event of any emergency, the seventy-two (72) hour notice shall be waived,
provided that Licensee or its c~mtractors shall make every effort to notify Licensor of the
nature of the emergency and that entry onto the right-of-way has occurred .
6. At all times during construction, maintenance or repair of the Storm Drain
Facility Licensee or its contractors shall keep the right-of-way in a neat and safe
condition and shall keep the tracks clear of obstructions . In addition, Licensee or its
contractors shall keep all equipment, tools and materials stored at least fifteen (15) feet
from the center line of Licensor's track . Explosives or other highly flammable
substances or any dangerous materials regulated pursuant to federal, state or local
laws will not be stored on the Property . Additionally, Licensor or its contractors shall
remove all tools, equipment and material from the Property upon completion of work ,
restoring the Property to the same state and condition as when Licensee and/or its
contractor entered thereon .
7. Notwithstanding any other provisions hereof, Licensee shall comply with
all statutes, ordinances , rules, regulations, orders, procedures, standards and decisions
issued by any federal, state or local governmental body or agency established thereby
(hereinafter referred to as "Authority"}, relating to Licensee's use of Licensor's property
hereunder including but not limited to the National Railroad Safety Standards and
American Railway Engineering and Maintenance-of-Way Association Standards
(hereinafter referred to as "Standards"}. In its use of the Property, Licensee shall at all
times be in full compliance with all Standards , present or future, set by any Authority .
STORM DRAIN LICENSE
(N . Commerce Street -Parce l 3B .)
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8. Licensee, or its contractor, at its sole cost and expense, shall proc ure and
maintain during the life of this Agreement , except as otherwise provided, the fo ll owing
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
Persona l 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 prima ry and
non-contributory with respect to any insurance carried by
Licensor.
b. Business Automobile Insurance . Business Automobile Insurance
shall contain a combined single limit of at least $1,000,000 per occurrence or claim,
including but not limited to coverage for the following :
• Bodily injury and property damage
• Any and all motor vehicles including owned, hired and non-
owned
The policy shall also contain the following endorsements which
shall be indicated on the certificate of insurance:
STORM DRAIN LICENSE
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• Motor Carrier Act Endorsement-Hazardous materials clean
up (MCS-90) if required by law .
Walver of subrogation.
Licensor named as an additional insured ..
c. Workers Compensation and Employers Liability Insurance .
Workers Compensation and Employers Liability Insurance shall contain coverage,
including but not limited to coverage for the following :
Licensee's and its contractor's statutory liability under the workers'
compensation laws of the state(s) affected by this Agreement
Employers' Liability (Part B) with limits of at least
$1,000 ,000 each accident,
$1,000,000 disease policy limit
$1,000,000 each employee
If Licensee is self-insured, evidence of state approval must be
provided along with evidence of excess workers compensation coverage . Coverage
shall include liability arising out of the Federal Employers Liability Act, if applicable .
The policy shall also contain the following endorsement which shall
be indicated on the certificate of insurance:
• Waiver of subrogation .
d . Pollution Liability Insurance . Pollution Liability Insurance must be
written on ISO form Pollution Liability Coverage Form Designated Sited CG 00 39 12
04 (or a substitute form providing equivalent coverage), with limits of at least
$5,000 ,000 per claim and an aggregate limit of $5,000,000 with a deductible not to
exceed $1,000,000 .
Licensee or its contractor warrants that any retroactive date
applicable to the coverage under the policy is the same as or precedes the Effective
Date of this Agreement; and that continuous coverage will be maintained or an
extended discovery period will be exercised for a period of five (5) years beginning from
the time the work under this Agreement is completed or if coverage is cancelled for any
reason the extended discovery period will be exercised for the maximum time allowed
by the policy .
If the scope of work as defined in this Agreement includes the
disposal of any hazardous or non-hazardous materials form the Property, Licensee and
its contractor shall be responsible for any and all losses claims or demands arising from
the disposal site operator accepting and/or disposing of such materials.
STORM DRAIN LICENSE
(N Commerce Street -Parcel 38 .)
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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 . 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 eq uivalent
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
Endorsemen t.
• Evacuation Expense Coverage Endorsement.
No other endorsements restricting coverage may be added .
g . Punitive damage exclusion , if any, must be deleted, which deletion
shall be indicated on the certificate of insurance .
h. Licensee and its contractor agree to waive its right of recovery,
and its insurers, through policy endorsement , agree to waive its right of subrogation
against Licensor. Licensee and its contractor further waive its right of recovery, and its
insurers also waive its right of subrogation against Licensor for loss of its owned or
leased property or property under its care, custody and control. Licensee's contractor's
insurance shall be primary with respect to any insurance carried by Licensor. All
waivers of subrogation shall be indicated on the certificate of insurance .
i. All policy(ies) required above (excluding Workers Compensation)
shall provide severability of interests and shall name Licensor as an additional insured .
Severability of interest and naming Licensor as an additional insured shall be indicated
on the certificate of insurance . The coverage provided to Licensor as an additional
named insured shall , to the extent provided under ISO Additional Insured Endorsement
CG 20 26, and CA 20 48 provide coverage for Licensor's negligence whether sole or
partial, active or passive, and shall not be limited by Licensee's liability under the
indemnity provisions of this Agreement.
STORM DRAIN LICENSE
(N . Commerce Street -Parcel 3B )
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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 .
STORM DRAIN LICENSE
(N . Commerce Street -Parcel 38 .)
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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 con tractor ,
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 Storm Drain 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 Storm Drain 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 Storm Drain Facility locate d 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
STORM DRAIN LICENSE
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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 Storm Drain 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; (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 Storm
Drain Facility; and (iv) shall be installed at least five (5 ') feet above or below the Storm
Drain Facility .
14 . Fiber optic cable systems may be buried on Licensor's right-of-way.
Protection of the fiber 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 Storm
Drain Facility (including initial construction and subsequent relocation or substantial
maintenance and repair work), then Licensee shall require its contractor to execute
Licensor's form Contractor's Right of Entry Agreement. Licensee acknowledges receipt
of a copy of the Contractor's Right of Entry Agreement and 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 .
STORM DRAIN LICENSE
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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 waiver of such rights or of such term,
covenant or conditions .
18 . The License is personal to Licensee . As such, Licensee has no right to
assign the License or this instrument in whole or in part , or to sublicense the License in
whole or in part .
19 . Any notice hereunder to be given by Licensor to Licensee shall be
deemed to be properly served if it be deposited in the United States Mail, postage
prepaid, addressed to the Licensee at 1000 Throckmorton, Fort Worth, Texas 76102,
Attention: Assistant Director, Stormwater Management Division, Transportation/Public
Works Department. Any notice to be given hereunder by Licensee to Licensor shall be
deemed to be properly served if the same be deposited in the United States Mail,
postage prepaid, addressed to Licensor at 6300 Ridglea Place, Suite 1200, Fort Worth,
Texas 76116, Attention : President. The parties hereto may by written notice change
the address to which such demands, notices or statements may be sent
20 .. All the covenants and provisions of this instrument shall be bindin!J upon
and inure to the benefits of the successors, legal representatives and assigns of the
parties to the same extent and effect as the same are 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 bindinn 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.
IN vyifNESS WHEREOF, this instrument is executed on the
_JQrJ v , 2013 .
FORT WORTH & WESTERN
RAILROAD CO/PINY
'fl(
'7,, 1 clay of
By:. __ .....,.._..._~-----------
STORM DRAIN LICENSE
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Steven P . Georg
President and C
AGREED TO AND ACCEPTED :
THE CITY OF FORT WORTH, TEXAS,
::unicip?l~ ~
Fernando Costa, Assistant City Manager
Assistant City Attorney
STATE OF TEXAS §
§
COUNTY OF TARRANT §
This instrument was acknowledged before me on the cii ~ day of
Jl.A.o-+> , 2013, by Steven P. George , President and CEO of Fort Worth &
Western REllroad Company, a Texas corpora ion, 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
STORM DRAIN LICENSE
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OFFI CI AL RECORD
COTY SECRETARY
FT. WORTH, TX
EXHIBIT A
[METES AND BOUNDS LEGAL DESCRIPTION]
SEE ATTACHED .
STORM DRAIN LICENSE
(N , Commerce Street-Parcel 3B .)
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FORT WORTH AND WESTERN RAILROAD CROSSING AGREEMENT
COMMERCE STREET
PARCEL No. 3B
DRAINAGE LICENSE
CITY PROJECT No. 00969
JOHN BAUGH SURVEY, ABSTRACT No. 115
FELIX G. MULLIKEN SURVEY, ABSTRACT No. 1045
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
EXHIBIT "A"
Being a drainage license situated in the John Baugh Survey, Abstract No . 115 and the Felix G.
Mulliken Survey, Abstract No . 1045, City of Fort Worth, Tarrant County, Texas, said drainage
license being a portion of a tract of land deeded to the Fort Worth and Western Railroad
Company as recorded in Volume 9.391, Page 2044 of the Deed Records of Tarrant County,
Texas, said drainage license also being a portion of the existing right-of-way of North Commerce
Street (a 70.0' right-of-way), said drainage license being more particularly described by metes
and bounds as follows:
COMMENCING at a point for the intersection of the west line of said tract of land deeded to
the Fort Worth and Western Railroad Company with the northeast line of Block 45 of North Fort
Worth, an addition to the City of Fort Worth, Tarrant County, Texas as recorded in Volume 63,
Page 149 of the Plat Records of Tarrant County, Texas, said point being in the southwest right-
of-way line of said North Commerce Street, from which a 5/8 inch iron rod with cap stamped
"Brooks Baker" found for reference bears South 51 degrees 49 minutes 59 seconds East, a
distance of 0.40 feet and from which a 5/8 inch iron rod with cap stamped "GORRONDONA"
found for the intersection of the west line of said tract of land deeded to the Fort Worth and
Western Railroad Company with the northeast line of a 10.0' alley of said Block 45 bears South
04 degrees 04 minutes 35 seconds West, a distance of 168 .67 feet ; THENCE North 04 degrees
04 minutes .35 seconds East, with the west line of said tract of land deeded to Fort Worth and
Western Railroad Company, a distance of 103 .07 feet to the POINT OF BEGINNING of the
herein described drainage license;
THENCE North 04 degrees 04 minutes .35 seconds East , with the west line of said tract of land
deeded to the Fort Worth and Western Railroad Company, a distance of 20 .. 00 feet to
a point for the intersection of the west line of said tract of land deeded to the Fort
Worth and Western Railroad Company with the southwest line of Block 46 of said
North Fort Worth, said point being in the northeast right-of-way line of said North
Commerce Street;
THENCE South 85 degrees 55 minutes 12 seconds East, a distance of 100 .00 feet to a point for
corner in the east line of said tract of land deeded to the Fort Worth and Western
Railroad Company, said point being in the west line of an 11 .897 acre tract of land
(by deed) deeded to Tarrant Regional Water District as recorded in County Clerk's
File No . D209.336857 of said Deed Records of Tarrant County, Texas;
Exhibit A Page l of 2
THENCE South 04 degrees 04 minutes 35 seconds West , with the east line of said tract of land
deeded to the Fort Worth and Western Rai lroad Company and with the west line of
said 11.897 acre tract ofland, a distance of 20 .00 feet to a point for corner;
THENCE North 85 degrees 55 minutes 12 seconds West, a distance of 100 .00 feet to the
POINT OF BEGINNING and containing 2,000 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 L0001375289116.
Date: June 7, 2013
Curtis Smith
Registered Professional Land Surveyor
No . 5494
Exhibit A Page 2 of 2
STORM DRAIN LICENSE
(N . Commerce Street -Parcel 3B .)
l :\03704\0047\MC0313 DOCX
EXHIBIT B
[SURVEY]
SEE ATTACHED.
EXHIBIT "B" LINE TABLE
LOT 24
NOTES:
1. A LEGAL DESCRl?TION OF E.VEN DATE ACCOMPAN IES THIS PtAT.
I
-L-3
DRAJNAGE
LICENSE AREA
2,000 SQ. FT. OR
0.046 ACRES
P.O.C.
FND 5/8"IR W/CAP STAMPED
"BROOKS BAKER " BEARS
S 51 '49'59''E 0.40'
APPROXIMATE
SURVEY LINE
. I
FNO 5/B"IR W/CAP
STATD •,or""".,
100
2 . ALL BEARINGS AND COORDINATES ARE REFERENCED TO THE TEXAS COORD INATE
SYSTEM, NAD-83, THE NORlli CENTRAL ZONE 4202, ALL DISTANCES AND AREAS
SHOWN ARE SURFACE UTILIZING A SURFACE FACTOR OF 1.0001375289116,
i
LINE BEARING DISTANCE
L-1 N 04'0435"E 20.00·
I
L-2 S 85'55 12 E 100.00
L-3 S 04'04'35"W 20.00'
L-4 N 85"55 12-W 100.00
50 0 100
I_I i
SCALE IN FEET
City of Fort WoJrth
EXHIBIT SHOWING
A
DRAINAGE 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
JOHN BAUGH SURVEY, ABSTRACT No. 115
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
AC UISITION AREA 2 000 S UARE FEET OR 0.046 ACRES CITY PROJ . No. 00969 CURTIS SMITH
JOB No. 0712-3086 DRAWN BY: JPH CAO FILE: 039.DWG REGISTERED PROFESSIONAL LAND SURVEYOR
DATE: JUNE 7, 2013 EXHIBIT B PAGE 1 OF 1 SCALE: 1" c 100' NO. 5494 TEXAS FIRM NO. 10106900
GORRONOONA & ASSOCIATES, INC. • 7524 JACK NEWELL BOULEVARD SOUTH FORT WORTH, TX . 7611B • 817-496-1424 F~X B17-496-1768
EXHIBIT C
[PLANS AND SPECIFICATIONS]
SEE A TT ACHED.
STORM DRAIN LICENSE
(N . Commerce Street-Parcel 38 .)
l:\03704\0047\MC0313 .DOCX
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Erxchange: Authorized Users Only Page I of 1
Document Receipt Information
Reference Number: ALDAL18AT0000044867LSK • Other
Instrument Number: D213197687
No of Pages: 17
Recorded Date: 7/29/2013 10:46: 17 AM
County: Tarrant
Volume:
Page:
Recording Fee: $80 .00
https://www.erxchange .com/UI/ViewReceipt.aspx?Documentld =7789879 7/29/2013
Gonzales, Ronald
From:
Sent:
To:
Cc:
Subject:
Attachments:
Denis McElroy
Ass istant C ity A ttorn ey
2 00 Texas Street
Fort Worth , T exas 7610 2
McElroy, Denis C.
Monday, March 11 , 2024 3:17 PM
Young , Linda S.; Goodall, Jannette S; Ishmael , Sadie J.; Gon zales , Ronald; Tidwell , Allison
Aransen , Ma x; Gu z man , Leann ; Murray, Matt
RE : FWWR Licenses BATCH 1 of 2 -tracts 1 A thru 3B
1 A Northside Drive .pdf; 1 B Northside Drive.pdf; 2A N. Calhoun Street.pdf; 3A N.
Commerce Street.pdf; 3B N. Commerce Street.pdf
(817) 392-2 7 58
denis.mcelroy@ fortworthtexas .gov
City of Fort Worth -Working together to build a strong community
fORT WOR_Tfl s ,,,.,,-,
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,
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 Manag er
TPW Capital Deliv ery
Office 817-392-2485 (I am w orking r emotely-ple as e call ce ll phone)
Cell 817-734-3819
linda.young @f ortworthtexas. gov
City of Fo r t Worth -Working to ge th er to build a s tron g communi ty .
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@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 i n question so that I can look into the issue?
thanks
Denis McElroy
Ass istant C ity Attorn ey
2 00 Texas Street
Fort Worth , Texas 7610 2
(81 7) 392-275 8
den is .mcelroy @ fortworthtexa s.gov
City of Fort Worth -Working together to build a strong community
FORT WORTH * ....., ~ ,.,
2
. . •
From: Goodall , Jann ette 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>; Stron g, 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 we re 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 th is is a question for 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 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 ass igned# 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 .aransen@fortworthtexas .gov
City of Fort Worth -Working together to build a strong community.
FORT WORTH
~
How am I doing?
Please contact my supervisor: linda.young@fortworthtexas.gov
4