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HomeMy WebLinkAboutContract 61093-A1CSC No. 61093-A1 FIRST AMENDMENT AGREEMENT TO SANITARY SEWER LICENSE THIS FIRST AMENDMENT AGREEMENT (hereinafter "Amendment") is made and entered into as of the 1si day of April, 2024, by and between FORT WORTH & WESTERN RAILROAD COMPANY (hereinafter "Licensor" or "FWWR") and CITY OF FORT WORTH (hereinafter "Licensee") and collectively called "Parties". RECITALS: WHEREAS, on June 27, 2013, Licensor and Licensee entered into a Sanitary Sewer License agreement (the "Agreement"), whereby Licensor granted to Licensee a license for the operation, maintenance, replacement, upgrading and repairing of a sanitary sewer line under a portion of the property of Licensor located at or near FWWR mile post 5.85, Fort Worth Subdivision, Fort Worth, Tarrant County, Texas; and WHEREAS, Licensor and Licensee now desire to amend the Agreement, as provided herein (CSC 61093). NOW, THEREFORE, in consideration of the terms and conditions of this Amendment, the sufficiency of which being hereby acknowledged, it is agreed by and between the Parties hereto as follows: AGREEMENT: In consideration of the consent of Licensor herein contained, Licensee hereby adopts the Agreement and assumes and agrees to observe and discharge all of the conditions and obligations contained in the Agreement. It is mutually agreed as follows: 1. Section 1 is deleted in its entirety and replaced with the following: 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 sanitary sewer pipeline (fiberglass reinforced) encased in a forty-two inch (42") steel casing pipe (which casing pipe will extend 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. Calhoun Street, City of Fort Worth, Tarrant First Amendment To Sanitary Sewer License N Calhoun Street, Fort Worth, TX FWWR MP 5,85 Fort Worth Sub Document No. 20240409-01 Page 1 of 11 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX County, Texas, described by metes and bounds on Exhibit "A" and as depicted on the survey in Exhibit "B" attached hereto and incorporated herein for any and all purposes (the "Property"), The License granted herein shall be solely for the operation, maintenance, replacement, upgrading and repairing of the sanitary sewer line under a portion of the Property in accordance with, and as shown on, attached Exhibit "A" and Exhibit "B" (the "Sanitary Sewer Facility"). 2. The first sentence of Section 2 is amended by striking "Kimley-Horn and Associates dated 05-15-13" and replacing it with "Geisler Pender Consulting Engineers f RLG dated 02-02-23". 3. The third sentence of Section 2 is amended by striking "either directional drilling or by dry boring" and replacing it with "hand tunneling". 4. Renumbering existing Section 2 as 2a and adding the following as Section 2b. b. Licensee shall, at Licensee's sole cost and expense, abandon in place an existing eighteen inch (18") sanitary sewer pipeline (the "Existing SS") pursuant to applicable federal, state and local laws, and grout fill, and plug the Existing SS located on the right of way of Licensor (hereinafter "Abandoned Pipeline") as depicted and described on the survey in Exhibit "D" attached hereto and incorporated herein, and shall restore, to the satisfaction of Licensor, such railroad right of way to as good a condition as it was just prior to abandonment of the Abandoned Pipeline. The parties agree to terminate any associated agreements (hereinafter Associated Agreements) establishing the use of Licensor's railroad right of way for the Abandoned Pipeline and the rights and privileges granted thereby shall expire and terminate at the time the Abandoned Pipeline shall be so abandoned; whereupon Licensor shall have the same complete title to the railroad right of way and property so abandoned as though the Associated Agreements had never been executed and the right to enter thereon and exclude therefrom the Licensee, its successors, and assigns. Termination of the Associated Agreements shall not release either party thereto from any liability or obligation thereunder, whether of indemnity or otherwise, resulting from any acts, omissions, or events which occurred prior to such termination, or thereafter in case by the terms of the Associated Agreements it is provided that anything shall or may have to be done after such termination 5. The Agreement is amended by striking "Chief Engineer" in each instance it is stated within the Agreement and replacing it with "Director of Planning and Special Projects". 6. Delete Exhibit A of the Agreement and replace it with Exhibit A attached hereto. 7. Delete Exhibit B of the Agreement and replace it with Exhibit B attached hereto. 8. Delete Exhibit C of the Agreement and replace it with Exhibit C attached hereto. 9. Exhibit "D" attached hereto is hereby added as Exhibit "D" to the Agreement. First Amendment To Sanitary Sewer License Page 2of't1 N Calhoun Street, Fort Worth, TX FWWR MP 5,85 Fort Worth Sub Document No. 20240409-01 Except as herein specifically provided in this Amendment all terms and conditions of the Agreement remain in full force and effect. IN WITNESS WHEREOF, the Parties hereto have executed this Amendment Agreement in duplicate as of the day and year first above written. First Amendment To Sanitary Sewer License Page 3 of 11 N Calhoun Street, Fort Worth, TX FWWR MP 5.85 Fort Worth Sub Document No. 20240409-01 APPROVED: FORT WORTH & WESTERN RAILROAD COMPANY AIWL'tf- Kevin BY: Erasmus President and CEO DATE: 471,ozzl. First Amendment To Sanitary Sewer License N Calhoun Street, Fort Worth, TX FWWR MP 5.85 Fort Worth Sub Document No. 20240409-01 CITY OF FORT WORTH BY:��- Fernando Costa Assistant City Manager DATE. Apr 26, 2024 APPROVAL RECOMMENDED: Christopher Harder, P.E. Director, Water Department APPROVED AS TO FORM AND LEGALITY: Douglas W. Black Assistant City Attorney 4 ov nnq oFFORt°o �o ATTEST: dVo g=d *� Q b .,L�z Cm,3 C oo pIIIIp nEXA`44a� Jannette S. Goodall City Secretary Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requireme ts. 'A Likd Conlon Project Manager OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 4 of 11 Exhibit A FORT WORTH AND WESTERN RAILROAD CROSSING AGREEMENT CALHOUN STREET PARCEL No. 2A-1 SANITARY SEWER 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 sanitary sewer 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 sanitary sewer license being a portion of a tract of land deeded to the Fort Worth and Western Railroad Company as recorded in Volume 9391, Page 2044 of the Deed Records of Tarrant County, Texas, said sanitary sewer license also being a portion of the existing right-of-way of Northeast 11t' Street (a 60.0' right-of-way), said sanitary sewer 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 North Commerce Street (a 70.0' right-of-way), 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 304.83 feet to a point for the southwest corner of an existing Sanitary Sewer License as recorded in County Clerk's File No. D213197701 of the Deed Records of Tarrant County, Texas; THENCE South 85 degrees 55 minutes 25 seconds East, with the south line of said existing Sanitary Sewer License, a distance of 15.00 feet to a point for the most southerly southeast corner of said existing Sanitary Sewer License; THENCE North 04 degrees 04 minutes 35 seconds East, with the east line of said existing Sanitary Sewer License, a distance of 30.81 feet the POINT OF BEGINNING of the herein described sanitary sewer license; THENCE North 04 degrees 04 minutes 35 seconds East, with the east line of said existing Sanitary Sewer License, a distance of 15.84 feet to a point for corner; Exhibit A Page 1 of 2 First Amendment To Storm Drain License N Calhoun Street, Fort Worth, TX Page 5 of 11 FWWR MP 5.85 Fort Worth Sub Document No. 20240409-01 THENCE South 67 degrees 13 minutes 41 seconds East, a distance of 89.74 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. D209336857 of said Deed Records of Tarrant County, Texas; 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 Railroad Company and with the west line of said 11.897 acre tract of land, a distance of 15.84 feet to a point for corner; THENCE North 67 degrees 13 minutes 41 seconds West, a distance of 89.74 feet to the POINT OF BEGINNING and containing 1,346 square feet or 0.031 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 1.0001375289116. Date: August 1, 2015 Curtis Smith Registered Professional Land Surveyor `P:o\srfR F+y No. 5494 ° N CURTIS SMITH 5494 Q �FfSS�� 10 tip'• . � Exhibit A Page 2 of 2 S First Amendment To Storm Drain License N Calhoun Street, Fort Worth, TX Page 6 of 11 FWWR MP 5.85 Fort Worth Sub Document No. 20240409-01 Exhibit S EXHIBIT "B " PARCEL No. 2A— f MATCHLINE CO LOT 11 LOT 13 9 a II / LOT 14 01% !� Q O 0 LOT 12 \ csi� y 2Od� - \ v ` •n W o / 'Lp�.A in p IV-•• w m ILOT 18 LOT 11 LOT 15 t !(� a 3 J 0 P �RgrnO m��oF �� w Z) o,vI LOT 19 O O / LOT 16 :-� I Uzwo� O LOT 10 �G�,a W>// L LOT 17 - \ LOT 20 \ / LOT 9 LOT 21 2 a o LOT 18 LOT 6 ��•�' LOT 5 �� i ' O O \ ' cfl \ / 3 C' ' 9'0 / /LOT 7 \ /LOT 19 n P. 0. C. LOT 4� LOT 22 \\ I� FND 5/8"IR W/CAP STAMPED �' r0 oP ''// "BROOKS BAKER" BEARS �'I// 6-, pA '' o: SIN S 51'49'59"E 0.40' LOT 3 LOT 23 LOT 6 v F I n.•p Rio vO 9J LOT 24 LOT ' STAFNb MPED /"GOR ONDONA" LOT 2 �",L.\ LOT 1 �G LOT 4 I CJ� �P•cl APPROXIMATE 60� Y LOT 3 SIIRVEY LINE N NOTES: 100 50 0 100 1. A LEGAL DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PLAT. 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 1.0001375289116. SCALE IN FEET ORTWORT City of Fort Worth 1000 THROCKMORTON STREET • FORT WORTH, TEXAS 76102 EXHIBIT SHOWING A SANITARY SEWER LICENSE OF T OUT OF A TRACT OF LAND DEEDED TO FORT WORTH AND WESTERN RAILROAD COMPANY Q�;'G1STe"• �-f- .:F RF.• 9 Q- O •: SITUATED IN THE JOHN BAUGH SURVEY, ABSTRACT No. 115 :1) -- •- ---- •••- •---•-••--••w•••-••• FELIX G. MULLIKEN SURVEY, ABSTRACT No. 1045 CURTIS CITY OF FORT WORTH, TARRANT COUNTY, TEXAS _SMI •,Ap AS RECORDED IN 5494 VOLUME 9391, PAGE 2044 _ DEED RECORDS OF TARRANT COUNTY, TEXAS PROJECT: FWWRR UTILITY CROSSING AGREEMENT ACQUISITION AREA 1.346 SQUARE FEET OR 0.031 ACRES CITY PROJ. No. 00969 CURTIS SMITH JOB No. KHA_1213.00 DRAWN BY: JPH CAD FILE: 02A-1.DWG REGISTERED PROFESSIONAL LAND SURVEYOR DATE: AUGUST 1, 2015 EXHIBIT B PAGE 1 OF 2 SCALE: 1" = 100' 5494 TEXAS FIRM NO. 10106900 GORRONDONA & ASSOCIATES, IN . • 7524 JACK NEWELL BOULEVARD 5 UTH FORT WORTH, TX. 76118 `NO. 817-496-1424 FAX 817-496-1768 First Amendment To Storm Drain License N Calhoun Street, Fort Worth, TX FWWR MP 5.85 Fort Worth Sub Document No. 20240409-01 Page 7 of 11 EXHIBIT"B " I LINE BLEARINGABLE DISTANCE I PARCEL No. 2A-1 I L-1 S 85'55'25"E 15.00' I LOT 10\LT, 16 �' LOT 7 I L-2 N 04'04'35"E 30.81' 1 I L-3 N 04'04'35"E 15.84' I L-4 S 67'13'41"E 89.74' 1 /LOT APPROXIMATE I L-5 S 04'04'35'W 15.84' 1 9/ LOT17 ��O wO -\ LOT 6 SURVEY LINE I L-6 N 6713'411N 89.74' I ' LOT 8 \\ ' \9 I f 0. LOT 18 ,"LOT 7 \ / LOT 19 vJ �. ��RVE 45 1� �o ---------- M No• LOT 6 �' rO LOT 20 I A .•r� ' \ I EX STING SANITARY I SEWER LICENSE C.C.F. No. D213197701 20 / LOT 5 n 9 �� LOT 21 I Z v ( D.R.T.C.T. �� •J1 Cl O I d p� � � I QON - oZFM I Q% \ LOT 4 \ / LOT 22 I QUA m��O�'ti �J \/Ac3 P \ I per.=1... azwzo c LOT 3 i'\ \ LOT 23 i 3 a �$ 00ZLJ I � A vJ N�� / /LOT 2 LOT 24 ' a:7 SANITARY w o SEWER LICENSE AREA LOT 1 i� 31.346 SO. FT, OR G� L-3 0.031 ACRES �4 `.`S \...... L-5 LC� a6 w P.O.B. LOT 12 �- o a I 1 o M I I LP �' LOT 11 z I MATCHLINE N NOTES: 100 50 0 100 1. A LEGAL DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PLAT. 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 1.0001375289116. SCALE IN FEET orr WORTH City o f Fort Worth 1000 THROCKMORTON STREET • FORT WORTH, TEXAS 76102 EXHIBIT SHOWING A �� OF J SANITARY SEWER LICENSE OUT OF A P ; "'1 S T£•'. F+ TRACT OF LAND DEEDED TO FORT WORTH AND WESTERN RAILROAD COMPANY � ;•�G RF:•.. � SITUATED IN THE JOHN BAUGH SURVEY, ABSTRACT No. 115 FELIX G. MULLIKEN SURVEY, ABSTRACT No. 1045CU IS CITY OF FORT WORTH, TARRANT COUNTY, TEXAS " "" AS RECORDED IN '—Q 5494 �p:rO VOLUME 9391, PAGE 2044 DEED RECORDS OF TARRANT COUNTY, TEXAS Q PROJECT: FWWRR UTILITY CROSSING AGREEMENT ACQUISITION AREA 1.346 SQUARE FEET OR 0.031 ACRES I CITY PROJ. No. 00969 CURTIS SMITH JOB No. KHA-1213.00 I DRAWN BY: JPH CAD FILE: 02A-1.DWG REGISTERED PROFESSIONAL LAND SURVEYOR DATE: AUGUST 1, 2015 EXHIBIT B PAGE 2 OF 2 SCALE: 1" = 100' NO. 5494 TEXAS FIRM NO. 10106900 GORRONDONA do ASSOCIATES, INC. • 7524 JACK NEWELL BOULEVARDS UTH FORT WORTH, TX. 76118 817-496-1424 FAX B17-496-1768 First Amendment To Storm Drain License N Calhoun Street, Fort Worth, TX Page 8 of 11 FWWR MP 5,85 Fort Worth Sub Document No. 20240409-01 THE CITY OF FORT WORTH, TEXAS WATER DEPARTMENT PLANS FOR: WATER & SANITARY SEWER RELOCATIONS FOR THE FORT WORTH CENTRAL CITY PROJECT SECTION I: PART 10 - WATER & SANITARY SEWER RELOCATIONS FORT WORTH CENTRAL CITY WBS NO. 07.05 CITY PROJECT NO. 00969 U MATTIE PARKER +� Mayor DAVID COOKE X City Manager LU LAUREN PRIEUR, P.E. Interim Director, Transportation and Public Works Department CHRIS HARDER, P.E. Director, Water Department Kimley>»Horn eat ah.. l"� ,ou Geisler Pentler ConsultingJf �GeiswerPartners Engineers+RLG 111 ��;} .[eal3} sp0,cen ♦r'r wwwnenrexnxoexsox care nexxm.+u.. M6i ice", Yz 41 LOCATION MAP 2023 X-23595 FORT WORTH® APPROVED %�.'6& 1/31/23 TONY SH'S Date ASSISTANT DIRECTOR, WATER DEPARTMENT ASISAN 1/31/23 MICHAEL OWEN, P.E. Date CITY ENGINEER Liam Conlon 1/31/23 REVIEWED Date LIAM CONLON PROJECT MANAGER, WATER DEPARTMENT LL i i PLAIN DATA TABLE !I i ,.a mzee,r.w NOTES CARRIER PIPE CASING PIPE M/', / Content, to be Nondle4 Svil•ry Sewer Cvrer Npe I �wam t IPOIeMw�' Y AYSR UTsae �E srAxoA o[ruls unlFss xo oMUERw2 FORT "OR,R ee om4me ammeter J9.3'Bell Din d3.E5" A FP»08,ROmu uo qE: DZDTW/DJ Ni Pipe mOleriol Rensxe.ennxn.axx Sletl� III RE W,q D219/32 / _ �Ivn aaiox iocEx"ckvnnax. SDecilic°lions & gro4e ASTM A-139, 1 "»» E. nawln c x //� ran n P.r.c r. ' ASTM D31e3 Cede B D80R1� 5� �`a.0.wwmm W011 l5ickneas 1.85' S/S" I� •Oe 2X4.' Act-, w0 kip Dre,4ur! 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