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HomeMy WebLinkAbout065172 - Construction-Related - Contract - Oncor Electric Delivery Company, LLCD226069020 04/14/2026 03:20 PM Page: 1 of 10 Fee: $56.00 Submitter: Oncor Transmission Engineering- ROW Electronically Recorded by Tarrant County Clerk in Official Public Records 0, � MARY LOUISE NICHOLSON COUNTY CLERK CSC No. 65172 Bowen West 138 KV Tap Line D-1915 2025-2000CW EASEMENT AND RIGHT OF WAY 3 $ 3 STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT § That ONCOR ELECTRIC DELIVERY COMPANY LLC, a Delaware limited liability company, hereinafter referred to as Grantor, for and in consideration of TEN AND NO/100 DOLLARS ($10.00), and other good and valuable consideration to it in hand paid by the City of Fort Worth, a Texas Municipal Corporation, hereinafter referred to as Grantee, has granted, sold and conveyed and by these presents does hereby grant, sell and convey unto said Grantee a nonexclusive easement and right of way for the purpose of constructing, reconstructing, replacing, maintaining and operating a new 51" Fiber Reinforced pipe SN- 72 Sanitary sewer line flowing West to East. Removing three existing manhole structures in the Oncor ROW and abandoning and grouting in place an existing 30" sanitary sewer line. Removing an existing 51" fitting (special structure) and installing a 42" Fiber Reinforced pipe SN-72 sanitary sewer line hereinafter referred to as Grantee's Facility, in, over, under, across and along the property described and shown on the attached Exhibit "A" and Exhibit "B" SEE ATTACHED EXHIBITS There is also granted to Grantee, its successors or assigns, a nonexclusive easement to use only so much of Grantor's adjoining land during temporary periods, as may be necessary for the construction, maintenance, and repair of said Grantee's Facility. Such use shall not interfere with Grantor's use of such property in the operation of its business and Grantee shall properly maintain such property during construction and at the conclusion of such construction remove all construction debris and other materials from such property and restore such property to the same condition it was in prior to the commencement of Grantee's construction thereon or in proximity thereto. Additional general construction limitations on easement are described and listed, but not limited to, in Exhibit "C", attached hereto and by reference made a part hereof. Use of draglines or other boom -type equipment in connection with any work to be performed on Grantor's property by the Grantee, its employees, agents, representatives or contractors must comply with Chapter 752, Texas Health and Safety Code, the National Electrical Safety Code and any other clearance requirements. Notwithstanding anything to the contrary herein, in no event shall any equipment be within fifteen (15) feet of the Oncor 138,000 volt or less power lines or within twenty (20) feet of the Oncor 345,000 volt power lines situated on the aforesaid property. Grantee must notify Fort Worth Transmission, (940-782-0397) at least OFFICIAL RECORD CITY SECRETARY Easement and Right of Way FT. WORTH, TX Page 1 of 9 D226069020 Page 2 of 10 48 hours prior to the use of any boom -type equipment on Grantor's property except in an emergency. Grantor reserves the right to refuse Grantee permission to use boom -type equipment. Grantee shall locate its Facility within the easement so as not to interfere with any of Grantor's facilities. Grantee shall not place its facility within 25 feet of any pole or tower leg. Grantee shall reimburse Grantor for any and all costs and expenses incurred by Grantor for any relocation or alteration of its facilities located on or near the easement that Grantor, in its sole discretion, determines are subject to interference from the said Grantee's Facility or from the exercise by Grantee of any of its rights hereunder. This easement is granted upon the conditions that Grantee's Facility to be constructed shall be maintained and operated by Grantee at no expense to Grantor and Grantor shall not be responsible for any costs of construction, reconstruction, operation, maintenance or removal of Grantee's Facility. Grantee, to the extent allowable by Texas law, agrees to defend, indemnify and hold harmless Grantor, its officers, agents and employees, from and against any and all claims, demands, causes of action, loss, damage, liabilities, costs and expenses (including attorney's fees and court costs) of any and every kind or character, known or unknown, fixed or contingent, for personal injury (including death), property damage or other harm for which recovery of damages is sought or suffered by any person or persons that may arise out of, or be occasioned by, the negligence, misconduct or omission of Grantee, its officers, agents, associates, employees, contractors, subcontractors, subconsultants, or any other person entering onto the easement or may arise out of or be occasioned by Grantee's use of the easement, except that the indemnity provided for in this paragraph shall not apply to any liability resulting from the sole negligence of Grantor, its officers, agents, or employees or separate contractors, and in the event of joint and concurrent negligence of both Grantor and Grantee, responsibility and indemnity, if any, shall be apportioned comparatively in accordance with the laws of the State of Texas. Nothing contained herein shall ever be construed so as to require Grantee to assess, levy and collect any tax to fund its obligations under this paragraph. Article XI Section 5 of the Texas Constitution provides that a city is prohibited from creating a debt unless the city levies and collects a sufficient tax to pay the interest on the debt and provides a sinking fund. Grantee has not and will not create a sinking fund or collect any tax to pay any obligation created under this section. Grantee shall, at its own cost and expense comply with all applicable laws, including but not limited to existing zoning ordinances, governmental rules and regulations enacted or promulgated by any governmental authority and shall promptly execute and fulfill all orders and requirements imposed by such governmental authorities for the correction, prevention and abatement of nuisances in or upon or connected with said premises because of Grantee's use thereof. This easement, subject to all liens of record, shall continue only so long as Grantee shall use this right of way for the purpose herein described and the same shall immediately lapse and terminate upon cessation of such use. Easement and Right of Way Page 2 of 9 D226069020 Page 3 of 10 TO HAVE AND TO HOLD the above described easement and rights unto the Grantee, its successors and assigns, for the purposes aforesaid and upon the conditions herein stated until the same shall be abandoned for use by the Grantee for the purpose herein stated, then and thereupon this conveyance shall be null and void and the use of said land and premises shall absolutely revert to Grantor herein, its successors and assigns, and no act or omission on the part of them shall be construed as a waiver of the enforcement of such condition. AND Grantor does hereby bind itself, its successors and assigns, to WARRANT AND FOREVER DEFEND all and singular the above described easement and rights unto the Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through or under Grantor but not otherwise. EXECUTED as of this day of Art1 2026. GRANTOR: ONCOR ELECTRIC DELIVERY COMPANY LLC By: Jv•^ � �OwerS Attorney -in -Fact STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared I —r - 610 t i�P-Js , as the Attorney -In -Fact of Oncor Electric Delivery Company LLC, 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 expressed, in the capacity therein stated and he is authorized to do so. GIVE UNDER MY HAND AND SEAL OF OFFICE this day of ov ri A. D. 2026. IsLour* D;L*Psz .. MyC12/30/2029ission xDlr�s Notary Public in and for the State of Texas Notary ID 11129575 Easement and Right of Way Page 3 of 9 D226069020 Page 4 of 10 Grantee: The City of Fort Worth B Approved as to Form and Legality Name: Jesica McEachern Na Title: Assistant City Manager Titl Date: (IC -VD, Dal STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this 1`day personally appeared i� ;(���/-V\ , as the 1 nfi of City of Fort Worth, known to me to be the person whose namels subscrilyed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed, in the capacity therein stated and he/she is authorized to do so. IVEN UNDER MY HAND AND SEAL OF OFFICE this r day of A. D. 2026. *RYPV,' AMBER MITCHELL Notary Public in and for the State of Texas Notary ID #129247634 My Commission Expires �� °! ` December 31, 2028 After Recordin4. Return To: Oncor Electric Delivery Company LLC Right of Way Services Attn: Laura DeLaPaz 777 Main St, Suite 707 Ft. Worth, Texas 76102 Easement and Right of Way Page 4 of 9 D226069020 Page 5 of 10 EXHIBIT "A" PERMANENT SEWER FACILITYEASEMENT SARAH GRAY JENNINGS SURVEY, ABSTRACT NO. 843 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS BEING a 0.0750 acre tract of land located in the Sarah Gray Jennings Survey, Abstract Number 843, City of Fort Worth, Tarrant County, Texas, said 0.0750 acre tract being a portion of a called 2.568 acre tract of land, described as "TRACT B", and conveyed to TEXAS ELECTRIC SERVICE COMPANY, now owned and operated by Oncor Electric Delivery Company, LLC, by deed thereof filed for record in Volume 4440, Page 277, Official Public Records, Tarrant County, Texas, said 0.0750 acre tract being more particularly described by the metes and bounds as follows: BEGINNING at the most westerly southeast property corner of the said 2.568 acre tract, same being a southwest lot corner of Tract 4-111, Lake Arlington Industrial Park, being an addition to the City of Fort Worth, Tarrant County, Texas, according to the plat thereof filed for record in Volume 388-211, Page 41, Official Public Records, Tarrant County, Texas, said beginning point being on the northeast right-of-way line of E. Rosedale Street (also known as Spur 303, being a variable width public right-of-way conveyed to the State of Texas by deed recorded in Volume 4159, Page 476, Deed Records, Tarrant County, Texas), said beginning point also being North 62°40'07" West, 67.70 feet from a 1/2 inch iron rod with a yellow cap found at an angle point in the south lot line of said Tract 4-111, said beginning point further having a NAD83 Texas North Central Zone (4202) grid coordinate of N: 6,950,362.00 & E: 2,366,969.22; THENCE North 62°53'42" West, along a southwest property line of the said 2.568 acre tract and along the said northeast right-of-way line, 106.73 feet to the southwest property corner of the said 2.568 acre tract; THENCE North 19`24'18" East, along a west property line of the said 2.568 acre tract and continuing along the said northeast right-of-way line, 21.66 feet to the intersection of the said property line with the south line of an existing Permanent Easement conveyed to the City of Fort Worth, by deed recorded in Volume 15700, Page 8, Official Public Records, Tarrant County, Texas; THENCE along the said south easement line the following courses and distances: South 72°16'43" East, 39.06 feet; South 81°15'11" East, 55.58 feet to the intersection of the said south easement line with an east property line of the said 2.568 acre tract, same being the west lot line of said Tract 4-R1, said point being South 05°04'39" West, 18.44 feet from the northwest lot corner of said Tract 4-R1; THENCE South 05°04'39" West, along the said east property line and along the said west lot line, 48.91 feet to the POINT OF BEGINNING. The herein above described tract of land contains a computed area of 0.0750 acres (3,265 square feet) of land, more or less. The bearings and distances shown hereon are referenced to the Texas Coordinate System of 1983, Texas North Central Zone 4202, and are based on the North American Datum of 1983, 2011 Adjustment. All Areas shown hereon are calculated based on surface measurements. I Eric S. Spooner, a Registered Professional Land Surveyor in the State of Texas, do hereby state that the foregoing description accurately sets out the metes and bounds description of the easement tract described herein. Eric S. Spooner, RPLS Spooner & Associates, Inc. Texas Registration No. 5922 TBPLS Firm No. 10054900 i^,� 12-04-25 f E OF ``, 4 ERIC S SPOONER > 0 5922 �If ` 01 c y�- Poo0q� c� y Exhibit "A" — Permanent Sewer Facility Easement — ONCOR — Page I of Spooner S A,,-61— Inc , 309 Byers Su-,, suns 100, [u1es,, T—a; 76039 - PH 91 7-68>-8448 - -p, nerve spunn....—eyo...ann - SSA 12-030 Easement and Right of Way Page 5 of 9 D226069020 610 g abed Page 6 of 10 AeM;o jg61a Pue;uawase3 n� i=7 Tj O J� oz� zzrs��, C o —1 2 cn �Tl 2 H >� r/1 W W O � O m co x rn y aDCD cn -n cn m 0 O Z m �� 0000 :tl Z o 0 t m � �O A cn o p 0m1 sum m �x M�N cr. > � o �D O CA v l c. s N 0 r O O cW 0 w Z O r N (D A ry m m A (n O A 0 4i W A (D j co D m m m Z m w j m in (DD A -t � q C) 71 O O � � D n M �r3 D m z tv y -j CnmCl) (/)3m 0 m * -n -qm 74 ;U F azym mm cn M Dc�OW m0nma nD h,r z D X c�zxv n 02 cwaNz Zm DN^ no m 2 0 O� z '1 � 0 mbDA> i1M _ z 0 D C D A n m v' Qi mD �= C) o _ AZ ;D0Z Z0 n Z O x m 0 D ^ m D z z C v 0 D x m < m 0 { 3ZD ^m ZT r, 0m-4 m n? z -Uj m a n o zz �j0Z m D m { OD my rn R.O.W 0 m 51.08' 0 O > 0 w' 38.83' I ) O m 0 r 0 28.35' n mzcmiD ern 0Mm :U O % L5 �D �oD00m � oom DO—ir-O0()M V5�z xO nX 0 OAj IMMOmZ Xm z >nmm rN ' ! / I vTti I.0;0M " c)m 0� �� o 003 vA i/ I �Oa / II�O� ��Z Ong x;u2 C7 O Z !R1 D p cn T o;0 i ro I�0D i �m r n O ��nX , �mxm I 10� o m c BOA, < to O a < mr Im=i m m a o C4 Y czm �� r-C m c i D i 4 Y, O3O w cn m m C= !( � m W vAdo -� / m D D z� c7 ! -1n Dr-' ; my i ^v< i nm OZ co zil rnD I ? ~ yzp' D m 'i��- Y m�z �m "' z A -4Ch j O D226069020 Page 7 of 10 LIMITATIONS ON Oncor ELECTRIC DELIVERY COMPANY RIGHT OF WAY EXHIBIT "C" 1. You are notified, and should advise your employees, representatives, agents, and contractors, who enter the property that they will be working in the vicinity of high voltage electrical facilities and should take proper precautions, included but not limited to the following stipulations and in compliance, at all times, with Chapter 752, V.T.C.A., Health & Safety Code. 2. Blasting is not to be permitted on Oncor right-of-way or under Oncor lines. 3. Construction on electric transmission line easements acquired by Oncor after January 1, 2003 shall comply with the requirements of Public Utility Commission Substantive Rules §25.101, as amended from time to time. 4. No crossing less than 45 degrees to the centerline of the right-of-way. 5. Grading will be done in order to leave the right-of-way as near as possible to present condition. Spoil dirt will be removed from the right-of-way and no trash is to be left on right-of-way. Slopes shall be graded so that trucks can go down the right-of-way when required and such that the slopes can be mechanically maintained. 6. Equipment and materials will not be stored on the right-of-way during construction without written approval of the Supervisor of Regional Transmission. 7. Street or road crossings are to be based on drawings submitted. Any change in alignment or elevation will be resubmitted for approval. 8. No signs, lights or guard lights will be permitted on the right-of-way. 9. Power line safety equipment operations: hazard assessment and precautions inside the work zone area must be performed and in compliance with OSHA Standard §1926.1408 at all times. Equipment shall not be placed within fifteen (15) feet of the Oncor 138,000 volt or less power lines or within twenty (20) feet of the Oncor 345,000 volt power lines. Easement and Right of Way Page 7 of 9 D226069020 Page 8 of 10 10. Any pre -approved fencing will not exceed eight (8) feet in height, and if metal in nature, will be grounded, at ten (10) feet intervals, with an appropriate driven ground. Gates should be at least sixteen (16) feet in width to allow Oncor access to the right-of-way. 11. No dumpsters will be allowed on Oncor right-of-way or fee owned property. 12. Draglines will not be used under the line or on Oncor right-of-way. 13. The existing grade shall not be disturbed, excavated or filled within 25 feet of the nearest edge of any Oncor transmission structure (tower, pole, guy wire, etc...). 14. Right-of-way will be protected from washing and erosion by Oncor approved method before any permits are granted. No discharging of water will be allowed within any portion of the right of way. Drainage facilitation will not be allowed to discharge into/onto Oncor right-of-way. 15. No obstruction shall be installed on the right-of-way that would interfere with access to Oncor structures or prevent mechanical maintenance. 16. Before any work is done under Oncor lines or by Oncor structures notify the Region Transmission Department, 940-782-0397. 17. No hazardous materials will be stored on the right of way. 18. For purposes of this document, "Hazardous Materials" means and includes those substances, including, without limitation, asbestos -containing material containing more than one percent (1%) asbestos by weight, or the group of organic compounds known as polychlorinated biphenyls, flammable explosives, radioactive materials, chemicals known to cause cancer or reproductive toxicity and includes any items included in the definition of hazardous or toxic waste, materials or substances under any Hazardous Material Law. "Hazardous Material Laws" collectively means and includes any present and future local, state and federal law relating to the environment and environmental conditions including, without limitation, the Resource Conservation and Recovery Act of 1976 ("RCRA"), 42 U.S.C. §6901 et seq., the Comprehensive Environmental Response, Compensation and Liability Act of 1980, Easement and Right of Way Page 8 of 9 D226069020 Page 9 of 10 ("CERCLA"), 42 U.S.C. §§9601-9657, as amended by the Superfund Amendments and Reauthorization Act of 1986 ("SARA"), the Hazardous Material Transportation Act, 49 U.S.C. §6901 et seg., the Federal Water Pollution Control Act, 33 U.S.C. §1251, et seq., the Clean Air Act, 42 U.S.C. §741 et seq., the Clean Water Act, 33 U.S.C. §7401 et seq., the Toxic Substances Control Act, 15 U.S.C. §§2601-2629, the Safe Drinking Water Act, 42 U.S.C. §§300f-330j, and all the regulations, orders, and decrees now or hereafter promulgated thereunder. 19. Brush and cut timber is not to be piled or stacked on Oncor right-of-way nor is it allowed to be burned upon or in close proximity to the conductors or towers. 20. No structures or obstructions, such as buildings, garages, barns, sheds, swimming pools, playground equipment, guard houses, etc., will be permitted on the right-of-way. 21. Landscaping on Oncor right-of-way is permitted when Oncor approves landscaping plans in writing. No lighting or sprinkler systems are allowed on the right-of-way. 22. No park or park designation will be permitted on the right-of-way. 23. Gas Pipeline Protective Barrier; Grantee, at Grantee's sole expense, shall provide one of the following protective barriers; 1) a concrete protective barrier between the surface and the pipe that is a minimum of one (1) foot thick by one (1) foot wide, if pipe is wider than one (1) foot, then width of pipe, with the top of the concrete barrier to be at least one (1) foot below the surface or final grade, 2) construct the gas pipeline inside of a proper protective steel casing, 3) where electric facilities are located above ground, install the pipeline a minimum of ten (10) feet below the ground surface, or 4) where electric facilities are located below ground, install the pipeline at a depth that provides for a minimum of a ten (10) foot clearance between the pipeline and the underground electric facilities. 24. No fire hydrants or manholes will be permitted within the right-of-way. 25. Any drainage feature that allows water to pond, causes erosion, directs stormwater toward the right-of-way or limits access to or around Oncor's facilities is prohibited. Drainage facilitation will not be allowed to discharge into/onto Oncor right-of-way. 26. No boring pits or other type of pits will be permitted within the right-of-way. Easement and Right of Way Page 9 of 9 ONCOR RIGHT OF WAY PROJECT NAME: LAKE ARLINGTON FORCE MAIN PART 4 CPN: 100995-4 ADDITIONAL ROUTING SIGNATURES CITY OF FORT WORTH 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 requirements. By: Bijay Upre$i, Sr. Project Manager APPROVAL RECOMMENDED: By: re It C Christopher Harder, P.E., Director, Water Department CONTRACT AUTHORIZATION M&C: N/A Date Approved: N/A FORM 1295: N/A ATTEST AS TO CITY MANAGER SIGNATURE: y.nwx.. % paw FORi�44 /Vi u�, ,°°boo° By: v o9.o. Jannette Goodall City Secretary ann��oo �40 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX FORT WORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Oncor Electric Delivery Company LLC Subject of the Agreement: Easement and Right of Way M&C Approved by the Council? * Yes ❑ No M If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No 0 If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes 0 No ❑ If unsure, see backpage for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No ❑ If only specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: 4/14/2026 If different from the approval date. Expiration Date: N/A If applicable. Is a 1295 Form required? * Yes ❑ No 21 *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. 100995-4 *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes 0 No ❑ Contracts need to be routed for CSO processing in the followingorder: rder: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department.