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HomeMy WebLinkAboutContract 61732City Secretary Contract No THE STATE OF TEXAS COUNTY OF TARRANT EASEMENT AND RIGHT OF WAY PT# 2024- District: FWN WO#: 22675667 ER# § § § KNOW ALL MEN BY THESE PRESENTS: That City of Fort Worth , hereinafter called "Granter ," whether one or more , for and in consideration of Ten Dollars ($10 .00) and other valuable consideration to Granter in hand paid by Oncor Electric Delivery Company LLC , a Delaware limited liability company , 1616 Woodall Rodgers Freeway , Dallas , Texas 75202-1234 , hereinafter referred to as "Grantee", has granted , sold and conveyed and by these presents does grant , sell and convey unto said Grantee , its successors and assigns , an easement and right-of-way for overhead and/or underground electric supply and communications facilities , consisting of a variable number of poles , wires and cables , supporting structures , surface mounted equipment , transformers , switchgears , auto-transformers , conduits , manholes , vaults , and all necessary or desirable appurtenances over, under , through , across , and upon Grantor's land described as follows : SEE EXHIBIT "A " (ATTACHED) Togethe r with the right of ingress and egress along and upon said easement and right-of-way and over and across Grantor's adjoining properties for the purpose of and with the right to construct , maintain , operate , repair , remove , replace , reconstruct , abandon in place , and to change the size and capacity of said facilities ; the right to relocate said facilities in the same relative direction of said facilities ; the right to relocate said facilities in the same relative position to any adjacent road if and as such road is widened in the future ; the right to lease wire space for the purpose of permitting others to string or lay wire or cable along said facilities; the right to prevent excavation within the easement area ; the right to prevent construction of, within the easement area , any and all buildings , structures or other obstructions which , in the sole judgment of Grantee , may endanger or interfere w ith the efficiency , safety , and/or convenient operation of said facilities and their appurtenances and the right to trim or remove trees or shrubbery within , but not limited to , said easement area , including by use of herbicides or other similar chemicals approved by the U.S. Environmental Protection Agency , to the extent in the sole judgment of Grantee , as may be necessary to prevert possible interference with the operation of said facilities or to remove possible hazard thereto. Granter shall not make changes in grade , elevation or contour of the land or impound water within the easement area as described above without prior written consent of Grantee. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Granter reserves the right to use the land with in the above described easement area for purposes not inconsistent with Grantee's use of such property, provided such use shall not , in the sole judgment of Grantee , interfere with the exercise by Grantee of the rights hereby granted . TO HAVE AND TO HOLD the above described easement and rights unto the said Grantee , its successors and ass igns , until all of said lines shall be abandoned , and in that event said easement and right-of-way shall cease and all rights herein granted shall te r minate and revert to Granter or Grantor's hei rs , successors or assigns ; and it does hereby bind itself, its successors , legal representatives , and assigns , to warrant and fo rever defend all and singular the above described easement and rights unto the said Grantee , its successors and assigns , against every person whomsoever lawfully claiming or to claim the same or any part thereof. EXECU T ED th is GRANTOR : l 11i--day of __ c_,,4~· ............,,b ______ , 2024 . City of Fort Wort; 0 A Texas Munici litY, STATE oF Texas COUNTY OF /0-.rt' tu'1 i: § § § .Dwi~ 0u(91dof.f BEFORE ME , the unde rsigned autho rity , on th is day personally appea red Jess ic a ~ Moeachsm 3S ass istant city manager of the City of Fort Worth and known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein exp ressed , in the capac ity therein stated and he is authorized to do so . GIVEN UNDER MY HAND AND SEAL OF OFFICE this __ /a..,.~_-f" ___ day of Ju l!J ,A. D. 2024. ~ N~71lY.aJ ANTHONY C, ELLIOTT Notary Publlo-Slate "TUii Notary 10 #13093M24 Commission Exp. APRIL 30, 2025 ACCEPTED AND AGREED TO: CITY OF FORT WORTH INTERNAL ROUTING PROCESS: Approval Recommended: By: Name: =-~-="-~= Title: Approved as to Form and Legality: By: Name : Title: Sr. Assistant City Attorney Contract Authorization: M&C: 24-0303 Contract Compliance Manager: By signing I acknow ledge that I am the person responsible for the monitoring and administration of this contract, including en s urin g all ~:ITomanrJ; cequirements . Name: Seth Henry Title : Landscape Architect City Secretary: By: Name: ------- T itle: City Secretary OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX EXHIBIT "A" LEGAL DESCRIPTION ONCOR EASEMENT Being a portion of Lot 1, Block l Northwest Community Park Addition located in the City of Fort Worth , Tarrant County , Texas, as described in Instrument Number D222118872 of the Official Public Records of Tarrant County , Texas (O .P.R.T .C.T.) and being more particularly described as follow: COMMENCING at an iron rod with a yellow plastic cap where the rod was pushed through the plastic cap for an interior comer of said Lot 1, Block I Northwest Community Park Addition and being in the west line of FM 156 also known as Blue Mound Road , a variable width right of way and being in the east line of a 30 ' Water Line Easement as described in Instrument Number D191090040 (O.P.R .T .C.T .) from which a 5/8" iron rod for the southeast comer of Lot 1, Block I Northwest Community Park Addition and the northeast comer of Lot 1 OX , Block 26 Creekwood Addition , as described in Cabinet A, Slide 11507 of the Plat Records of Tarrant County, Texas (P.R.T .C .T .) and conveyed by Instrument Number D218215121 (O .P.R .T .C.T.), said point also being in the west line of FM 156 al so known as Blue Mound Road, bears South 27 degrees 28 minutes 07 seconds East , a distance of 414 .27 feet ; THENCE, along a southeast line of Lot 1, Block 1 Northwest Community Park Addition and a northwest lin e of said FM 156 also known as Blue Mound Road , North 80 degrees 05 minutes 17 seconds East, a distance of 74.40 feet , to a point for a southeast comer of Lot I , Block 1 Northwest Community Park Addition and a northwest comer of said FM 156 also known as Blue Mound Road ; THENCE, along the east line of Lot 1, Block 1 Northwest Community Park Addition and a west line of said FM 156 also known as Blue Mound Road, North 28 degrees 02 minutes 57 seconds West, a distance of 13.31 feet , to a 5/8" iron rod with yellow plastic cap stamped "DEOTTE" for the POI T OF BEGINNIN G, having surface coordinates ofN=7 ,009 ,944.64 and £=2,322 ,899.54 in an east line of Lot I , Block 1 Northwest Community Park Addition and a west line of said FM 156 also known as Blue Mound Road; THENCE, departing the east line of Lot 1, Block 1 Northwest Community Park Addition and a west line of said FM 156 also known as Blue Mound Road , South 53 degrees 07 minutes 48 seconds West, a distance of 23.64 feet to a 5/8" iron rod with yellow plastic cap stamped "DEOTTE"; THENCE, North 90 degrees 00 minutes 00 seconds West , a distance of 518.33 feet to a 5/8" iron rod with yellow plastic cap stamped "DEOTTE"; THENCE, North 00 degrees 00 minutes 00 seconds East , a distance of 10.00 feet , to a 5/8" iron rod with yellow plastic cap stamped "DEOTTE"; THENCE, North 90 degrees 00 minutes 00 seconds East , a distance of 515 .00 feet , to a 5/8" iron rod with ye llow plastic cap stamped "DEOTTE"; THENCE , North 53 degrees 07 minutes 48 seconds East , a distance of 21.86 feet , to a 5/8" iron rod with yellow plastic cap stamped "DEOTTE" in an east line of Lot I , Block I Northwest Community Park Addition and a west line of said FM 156 a lso known as Blue Mound Road ; THENCE , along an east line of Lot 1, Block l Northwest Community Park Addition and a west line of said FM 156 also known as Blue Mound Road , South 28 degrees 02 minutes 57 seconds East , a distance of Page 1 of 7 10 .12 feet , to the POINT OF BEGINNING and containing 5,395 square feet or 0 .124 acres of land more or less . Page 2 of 7 NOTES: l) Basis of bearing for this plat is referenced to the Texas Coordinate System, NAD-83 , North Central Zone 4202 , with a surface conversion factor of 1.0001526298, vertical is NAD -88 as derived from GPS vectors obtained from AllTerra Central RTK network 2) A plat of same date accompanies this legal description. *SURVEYOR'S CERTIFICATE* TO ALL PARTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED, I DO HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED FROM PUBLIC RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND THAT THE SAME IS TRUE AND CORRECT. Date: February 13, 2024 Date : 2/13/2024 James E. DeOtte Registered Professional Land Surveyor No . 4673 James DeOtte Engineering, Inc. TBPLS Firm No. 10101400 2201 Dottie Lynn Parkway, Suite 119 Fort Worth, Texas 76120 (817) 446 -6877 Page 3 of 7 LEGEND: PROPERTY BOUNDARY EX. EASEMENT PROP. EASEMENT IRON ROD FOUND 5/8. /RON ROD SET WITH PLASnc CAP STAMPED •DEOTTE RPLS 4673• OFFICIAL PUBUC RECORDS TARRANT COUNTY TEXAS ;JTY LIMIT ;!TY LIMIT I /RF C/RS O.P.R.T.C.T. BAILEY -BDS\JELL GRAPHI C SCA LE IN FEE T EXHIBIT B MllL. PAGE 4 OF 7 BASIS OF BEARING FOR THIS PLAT IS REFERENCED TO THE TEXAS COORDINATE SYSTEAI, NAD-83, NORTH CENTRAL ZONE ~202, Wf11I A SURFACE CONVERSION FACTOR OF 1.0001526298, V£FmCAL IS NAD-88 AS DERNED FROI,/ GPS VECTORS OBTAINED FROM AI..LTERRA CENTRAL RT1< NETWORK PROPOSED ONCOR FASDJENT EXHIBI T A SHOWING A FORT WORTH PARCEL OF PROPERTY LOCATED IN LOT 1, BLOCK 1 ~ NORTHWEST COMMUNITY PARK ADDITION AS RECORDED IN D222118872 City of Fort Worth 200 TEXAS STREET FORT WORTH, TX. 76102 OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY TEXAS PROJECT: NORTHWEST COMMUNITY CENTER CITY PROJECT No . 101650 PROPOSED ONCOR EASEMENT PARCEL NO . LAND ACQUISITION AREA : 5,395 SQ FT 0. 124 AC JD£/ JOB No . 202100400 DRAWN BY: CBC PAGE 4 OF 7 Date : 2/13/2024 JAMES DeOTTE ENGINEERING, INC. , 2201 DOTTIE LYNN PKWY., SUITE 119 FORT WORTH, TX. 76120 • 817-446-6877 TBPE FIRM Reg. No. 891 7 • TBLS Firm Reg . No. 101014-00 LEGEND: EXHIBIT B f:JQ]I;_ PROPERTY BOUNDARY EX. EASEMENT PROP. EASEMENT IRON ROD FOUND c _____ :J /RF PAGE 5 OF 7 BltSIS OF BEARING FOR THIS Pl.AT IS REFERENCED TO TH£ TEXAS COORDINATE SYSTB.I, NAD-83, NORTH C£NmAL ZONE 4202, WITTI A SURFACE CON'.£RS/ON FACTOR OF 1.0001526298, vumcAL IS NAD-88 AS 0£RN£D FROII GPS VECTORS OBTAINED FROM ALLT£RRA C£NmAL RT1< NETWORK 5/8. IRON ROD SET WITH PLASnc CAP STAMPED •DEOTTE RPLS 4573• OFFICIAL PUBUC RECORDS TARRANT COUNTY TEXAS C/RS O.P.R. T.C. T. \ I I ~:z::~_._ ____ l,_ =~----L---/ 5/8 CIR:-~u~: \ \ \\ PUSHED THROUGH \ \ \ \ N: 7009919. 98 ~ £·2322832.30 \ \ \\\ \ \ \\\ CITY OF FORT WORTH \ \ \\\ \ V'\ 200 TEXAS STREET \ \ ~ FORT WORTH, TX 76102 \ \\ ~ LOT 1, BLOCK 1 \ \ \ \ \~~ cs NORTHWEST COMMUNITY PARK ADDITION_\ 't\ (' D222118872 \ \ \ ~'!,. O.P.R.T.C.T. \ \ \\\ {~ CITY OF FORT WORTH \ i . \ \ ' 200 TEXAS STREET \' '\ \ \\ FORT WORTH, TX 76102 \ \\ ~ \ \ \\\ ~ \ LOT 1 OX, BLOCK 26 CREEKWOOD ADDITION CABINET A, SLIDE 11507 P.R. T.C. T. \ \ \\\ ~ \ ~-~ \ \~ \;/8 /RF N:7009552.39 80 160 E~323023.26 GRAPHIC SCALE I N FEET FORT WORTH EXHIBIT A SHOWING A PARCEL OF PROPERTY LOCATED IN LOT 1, BLOCK 1 ~ NORTHWEST COMMUNITY PARK ADDITION City of Fort Worth 200 TEXAS STREET FORT WORTH, TX. 76102 PROJECT: NORTHWEST COMMUNITY CENTER PROPOSED ONCOR EASEMENT AS RECORDED IN D222118872 OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY TEXAS CITY PROJECT No . 101650 PARCEL NO . \ \ LAND ACQUISITION AREA : 5,395 SQ FT 0. 124 AC JOEi JOB No. 202100400 DRAWN BY: CBC PAGE 5 OF 7 Dote : 2/13/2 024 JAMES DeOTTE ENGINEERING, INC . . 2201 DOTTIE LYNN PKWY., SUITE 119 FORT WORTH, TX. 76120 • 817-446 -6877 TBPE FIRM Reg . No . 891 7 · TBLS Firm Reg . No . 101014-00 LEGEND: PROPERTY BOUNDARY EX. EASEMENT PROP. EASEMENT IRON ROD FOUND 5/8• IRON ROD SET WITH PLASTIC CAP STAMPED •DEOTTE RPLS 4573• OFFICIAL PUBUC RECORDS TARRANT COUNTY TEXAS /RF C/RS O.P.R.T.C.T. 30' WATER LINE EASEMENT INST. NO. D 19 7 090040 D.R. T.C. T. EXHIBIT B /iQJL. PAGE 6 OF 7 BASIS OF BEARING FOR THIS PLAT IS REFERENCED TO THE TEX.4S COORDINATE: SYSTE:IJ, NAD-83, NORTH CENTRAL ZONE '1202, WTTH A SURFACE CONVERSION FACTOR OF 1.0001526298, VERTlCN.. IS NAD-88 AS DERMD FROI,/ GPS VECTORS OBTAINED FROM All.TERRA CENTRAL RTK NETWORK \ \ \ 8"02'57 ''W \ } 13.31' \ S128~2'57''£ \ \ I 1 10. 12' BUFFER ZONE EASEMENT----.J..-,:-----'---i S53"d7'48' INST. NO. D207100800 \ \ \ \ / 1 23 6 D.R. T.C. T. N5J-07'48' \ \ \ \ I ;.' 21.a ( N80"0~'17" ~EKJ)ji,~Q12.;oo ________ \_~----\ ____ 1 _____ /_4•4 GRAPHIC SCALE IN FEET EXHIBIT A SHOWING A FORT WORTH PARCEL OF PROPERTY LOCATED IN LOT 1, BLOCK 1 ~ NORTHWEST COMMUNITY PARK ADDITION AS RECORDED IN D222118872 City of Fort Worth 200 TEXAS STREET FORT WORTH, TX. 76102 OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY TEXAS PROJECT: NORTHWEST COMMUNITY CENTER CITY PROJECT No . 101650 PROPOSED ONCOR EASEMENT PARCEL NO . LAND ACQUISITION AREA : 5,395 SQ FT 0 . 124 AC JOEi JOB No. 202 100400 DRAWN BY: CBC PAGE 6 OF 7 Date: 2/13/2024 JAMES DeOTTE ENGINEERING. INC . , 2201 DOTTIE LYNN PKWY.. SUITE 119 FORT WORTH. TX. 7 6120 • 817-446-6877 TBPE FIRM Reg. No . 891 7 · TBLS Firm Reg . No . 101014-00 LEGEND: PROPERTY BOUNDARY EX. EASEMENT PROP. EASEMENT IRON ROD FOUND c-=----:::i /RF 5/8. /RON ROD SET WITH PLAsnc CAP STAMPED •DEOTTE RPLS ,f.673• OFFICIAL PUBUC RECORDS TARRANT COUNTY TEXAS C/RS O.P.R. T.C. T. CITY OF FORT WORTH 200 TEXAS STREU FORT WORTH, TX 76102 LOT 1, BLOCK 1 NORTHWEST COMMUNITY PARK ADDITION D222118872 O.P.R. T.C. T. 0 40 80 GRAPHI C SCALE IN FEET EXHIBIT B /iQre PAGE 7 OF 7 EXHIBIT A SHO WING A BASIS OF BEARING FOR THIS PU.TIS REFERENCED TO THE ~ COORDINATE SYSTEM, NAD-83, NORTH CENTRAL ZONE -4202, WfTH A SURFACE CONVERSION FACTOR OF 1.0001526298, VElmCAL IS NAD-88 AS DERIVED FROM GPS VECTORS OBTAINED FROM ALL TERRA CENTRAL RTK NETWORK FORT WORTH PARCEL OF PROPERTY LOCATED IN LOT 1, BLOCK 1 ~ NORTHWEST COMMUNITY PARK ADDITION AS RECORDED IN D222118872 City of Fort Worth 200 TEXAS STREET FORT WORTH, TX. 76102 OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY TEXAS PROJECT: NORTHWEST COMMUNITY CENTER CITY PROJECT No . 10 1650 PROPOSED ONCOR EASEMENT PARCEL NO . LAND ACQUISITION AREA : 5,395 SQ FT 0. 124 AC JOEi JOB No . 202100400 ORA WN BY: CBC PAGE 7 OF 7 Date: 2/13/2024 JAMES DeOTTE ENGINEERING, INC. , 2201 DOTTIE LYNN PKWY., SUITE 119 FORT WORTH, TX. 76120 • 817-446-6877 TBPE FIRM Reg. No. 891 7 · TBLS Firm Reg . No . 101014-00 202100400 -ESMT-ONCOR -MAPCHECK North : 7009944.64 ' East : 2322899 .54' Segment #1 : Line Course : S53 ° 07' 48"W Length : 23.64' North: 7009930.46' East : 2322880.63' Segment #2 : Line Course: N90° 00' 00"W Length: 518 .33' North : 7009930.46 ' East : 2322362.30' Segment #3 Line Course : N0° 00 ' 00"E Length : 10.00' North: 7009940 .46' East: 2322362.30' Segment #4 : Line Course: N90° 00' 00"E Length : 515 .00' North: 7009940 .46' East: 2322877.30' Segment #5 : Line Course : N53° 07' 48"E Length: 21.86' North : 7009953.57' East: 2322894 .78' Segment #6 : Line Course: S28° 02' 57"E Length : 10.12' North: 7009944.64' East : 2322899 .54' Perimeter: 1098.96' Area : 5394.20 Sq. Ft . Error Closure : 0.00 Course : N82° 10' 55"E Error North: 0.001 East: 0.005 Precision 1: 1098950000.00 City of Fort Worth, Texas Mayor and Council Communication DATE: 04/09 /24 M&C FILE NUMBER: M&C 24-0303 LOG NAME: 80NORTHWEST COMMUNITY PARK AND CREEKWOOD PARK -CHAPTER 26 SUBJECT (CD 7 and CD 10) Conduct Public Hearing and Authorize the Use of Parkland within Northwest Community Park and Creekwood Park for Utility Easements and Maintenance Areas for the new Northwest Community Center (PUBLIC HEARING -a . Report of City Staff: Lori Gordon; b . Public Comment ; c . Council Action : Close Public Hearing and Act on M&C) RECOMMENDATION: It is recommended that the City Council : 1. Conduct a public hearing under the guidelines set forth by the Texas Parks and Wildlife Code, Chapter 26 , Protection of Public Parks and Recreational Lands ; 2. Find that no feasible or prudent alternative exists for the use of Northwest Community Park and Creekwood Park for utility easements and maintenance areas for the new Northwest Community Center; 3. Find that the proposed utility easements and maintenance areas includes all reasonable planning to minimize harm to the parkland ; 4 . Close the public hearing and authorize within Northwest Community Park the use of approximately 0.264 acres for two utility easements and approximately 0 .31 acres for one maintenance area , and within Creekwood Park the use of approximately 0 .15 acres for one maintenance area; and 5. Authorize within Northwest Community Park the use of approximately 1.15 acres of dedicated parkland for temporary construction workspace and within Creekwood Park the use of approximately 0.5 acres of dedicated parkland for temporary construction workspace . DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to authorize the use of parkland within Northwest Community Park and Creekwood Park for utility easements and maintenance areas for the new Northwest Community Center. The 2018 Bond Program included funding for design and construction of a new 20,000 square foot community center at Northwest Commun ity Park . The new community center will include a gymnasium , fitness area , and meeting rooms. To support daily operations at the new community center, utility easements for natural gas and electricity are required . In addition, a permanent maintenance area for water is required . Utility Easements • The proposed electrical line through Northwest Community Park requires a 10 foot-wide easement for approximately 539 .5 linear feet , which equates to approximately 0 .124 acres of parkland; and • The proposed natural gas line through Northwest Community Park requires a 10 foot-wide easement for approximately 607. 7 linear feet , which equates to approximately 0 .140 acres of parkland. Maintenance Areas • The proposed water line through Northwest Community Park requires a 15 foot-wide permanent maintenance area for approximately 900 linear feet, which equates to approximately 0.31 acres of parkland ; and • The proposed water line through Creekwood Park requires a 15 foot-wide permanent maintenance area for approximately 445 linear feet , which equates to approximately 0 .15 acres of parkland . Careful selection for the community center location , easements , and permanent maintenance area was taken into consideration to maximize opportunity and access to the community center , while minimizing negative impact to both Northwest Community Park and Creekwood Park . In accordance with the Texas Parks and Wildlife Code, Chapter 26, the City of Fort Worth seeks to use a portion of Northwest Community Park for two utility easements and one maintenance area and a portion of Creekwood Park for one maintenance area to support a new community center. This item was presented to the Park & Recreation Advisory Board on February 28 , 2024 as Action Item VII.C. Staff is available to answer questions regarding this item. In accordance with state law, the conversion will be advertised in the Fort Worth Star-Telegram on March 19 , March 26, and April 2, 2024 . An email announcing the proposed change of use was sent to the pres idents of the registered Neighborhood Associations within one and a half miles of both parks before March 8 , 2024 and posted on the City Web page . Signage was posted at both parks informing the public of the proposed change of use and providing instructions for directing comments to the Park & Recreation Department. Signage will remain posted through the public hearing process . Northwest Community Park is located in COUNCIL DISTRICTS 7 and 10 , west of Blue Mound Road , north of Bailey Boswell Road , east of Wagley Robertson Road , and south of Heritage Trace Parkway . Creekwood Park is located in COUNCIL DISTRICT 7 , west of Blue Mound Road , north of Ba iley Boswell Road , east of Wagley Robertson Road , and south of Heritage Trace Parkway. A Form 1295 is not required because : This M&C does not request approval of a contract with a bus iness entity . FISCAL INFORMATION/ CERTIFICATION: The Director of Finance certifies that approval of these recommendations will have no material effect on City Funds . Submitted for City Manager's Office by: Jesica L. McEachern 5804 Originating Business Unit Head: Richard Zavala 5704 Additional Information Contact: Joel McElhany 57 45