HomeMy WebLinkAbout065176 - Construction-Related - Contract - Oncor Electric Delivery Company, LLCDate Received: _ d -�.. Record Number: PN26-00007
Time Received: _ ., City Secretary No.: 65 Mo
E #:328035
WO #:26828076
PUBLIC PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMENT
TIER II
THIS AGREEMENT is made and entered into by and between THE CITY OF
FORT WORTH, a home rule municipal corporation of Tarrant County, Texas ("City"),
acting by and through its duly authorized City Manager, Assistant City Manager, or
Director of the Development Services Department, and Oncor Electric Delivery Company
LLC ("Licensee"), acting by and through its duly authorized Attorney -in -Fact.
RECITALS
WHEREAS, the City owns a Sewer, Public Access, Water and Drainage Facility
easement conveyed to the City through Document No. D225155004, recorded on August
21, 2025 in the Official Real Property Records of Tarrant County, Texas (the "Public
Property");
WHEREAS, Licensee, through an easement conveyed to Licensee through
Document No. D226035916, recorded on February 27, 2026 in the Official Real Property
Records of Tarrant County, Texas, desires to construct, place, and maintain certain
improvements which will encroach in, on, above, or below the Public Property; and
WHEREAS, to accommodate the needs of the Licensee, the City will allow the
encroachment under the terms and conditions as set forth in this Agreement.
NOW, THEREFORE, the City and Licensee agree as follows:
AGREEMENT
1.
The City, in consideration often dollars and other good and valuable consideration
by Licensee and covenants and agreements hereinafter contained to be kept and performed
by Licensee, hereby grants permission to Licensee to encroach in, on, above, or below and
occupy a portion of the City's Public Property as described in and at the location shown on
Exhibit "A," but only to the extent shown thereon, for the purpose of constructing,
installing, and maintaining an electric transmission line (the "Encroachment"). Upon
completion of the Encroachment, Licensee agrees to be responsible for maintaining the
Encroachment within the Public Property. Licensee shall not modify, expand or otherwise
cause the Encroachment to differ from what is specifically described in Exhibit "A"
without an Amendment to this Agreement.
Tier II Easement Encroachment Agreement OFFICIAL RECORD
CITY SECRETARY
1 of 10
Revised
Revised 05/2025
FT. WORTH, TX
11 R?_P_ `D
2.
All construction, installation, maintenance, and operation of the Encroachment and
the use or occupancy of the Public Property shall comply with and be performed in strict
compliance with this Agreement and with all applicable laws. Prior to the construction,
installation, or modification of the Encroachment, Licensee shall submit all plans and
specifications to the Director of the Development Services or duly authorized
representative. Licensee shall not commence construction or installation of the
Encroachment nor make any use of the Public Property until after the execution of this
Agreement.
3.
Licensee, at no expense to the City, has made proper provisions for the existence
of other utilities affected by such Encroachment and the use and occupancy of the Public
Property, including the securing the approval and consent of the appropriate utility
companies and agencies of the State of Texas and its political subdivisions. In the event
that any installation, reinstallation, relocation, or repair of any existing or future utility or
improvements owned by or constructed by or on behalf of the public or at public expense
is made more costly by virtue of the construction, maintenance, or existence of the
Encroachment and use of Public Property, Licensee shall pay to City an additional amount
equal to such additional cost as determined by the Director of Transportation and Public
Works, the Director of the Water Department, the Director of the Development Services
Department, or their duly authorized representative; provided, however, City agrees to
make reasonable attempts design such facilities in a way to minimize such costs.
H
Licensee agrees that City may enter and utilize the Public Property at any time for
any public purpose, including installing, repairing, replacing, or maintaining improvements
to its public facilities or utilities necessary for the health, safety, and welfare of the public;
provided, however, City shall be responsible for complying with all applicable Texas laws
related to working near high voltage facilities. The City shall have no responsibility or
liability for any damages related to the Encroachment resulting from the City's use of the
Public Property; however, the City shall make reasonable efforts to minimize such damage.
5.
The term of this Agreement shall be perpetual.
6.
It is further understood and agreed between the parties hereto that the Public
Property to be used and encroached upon is held by City as trustee for the public; that City
exercises such powers over the Public Property as have been delegated to it by the
Constitution of the State of Texas or by the Texas Legislature; and that City cannot contract
Tier II Easement Encroachment Agreement
Page 2 of 10
Revised 05/2025
away its duty and its legislative power to control the Public Property for the use and benefit
of the public. It is accordingly agreed that if the governing body of City may at any time
during the term hereof determine in its sole discretion to use or cause or permit the Public
Property to be used for any other public purpose, including but not being limited to
underground, surface, or overhead communication, drainage, sanitary sewerage,
transmission of natural gas or electricity, or any other public purpose, whether presently
contemplated or not, that the parties agree to negotiate in good faith in order to
accommodate both the Encroachment and the public purpose.
7.
LICENSEE AGREES TO AND SHALL DEFEND, PROTECT,
INDEMNIFY AND HOLD HARMLESS CITY FROM AND AGAINST ALL
CLAIMS, LOSSES, EXPENSES, DAMAGES, DEMANDS, JUDGMENTS,
CAUSES OF ACTION, SUITS, AND LIABILITY IN TORT, CONTRACT,
OR ANY OTHER BASIS AND OF EVERY HIND AND CHARACTER
WHATSOEVER, FOR PERSONAL INJURY, DEATH, OR PROPERTY
DAMAGE ("CLAIMS"), WHICH ARISE OUT OF LICENSEE'S USE OF
THE PUBLIC PROPERTY WHEN SUCH CLAIMS RESULT FROM
LICENSEE'S NEGLIGENCE OR WILLFUL MISCONDUCT.
8.
Licensee, an electric utility regulated by the Public Utility Commission of Texas
(PUCT), represents that the PUCT has approved Licensee's liability insurance limits and
overall insurance program. During the term of this Agreement, Licensee shall maintain
appropriate liability and worker's compensation coverages at levels consistent with other
Texas and national utility providers.
9.
Licensee agrees to record this Agreement in the real property records of the county
in which the Encroachment is located at its expense. After being recorded, a copy shall be
returned to the City Secretary of the City of Fort Worth.
10.
Licensee must comply with all applicable local, state, and federal laws, regulations,
and permits.
11.
Licensee agrees it is responsible for any taxes assessed on Licensee's facilities, if
any.
Tier II Easement Encroachment Agreement
Page 3 of 10
Revised 05/2025
12.
Licensee covenants and agrees that it shall operate hereunder as an independent
contractor as to all rights and privileges granted hereunder and not as an officer, agent,
servant, or employee of City, and Licensee shall have exclusive control of and the exclusive
right to control the details of its operations, and all persons performing same, and shall be
solely responsible for the acts and omissions of its officers, agents, servants, employees,
contractors, subcontractors, licensees, and invitees. The doctrine of respondeat superior
shall not apply as between City and Licensee, its officers, agents, servants, employees,
contractors, and subcontractors, and nothing herein shall be construed as creating a
partnership or j oint enterprise between City and Licensee.
13.
Licensee agrees and acknowledges that this Agreement is solely for the purpose of
permitting Licensee to construct, maintain, and locate the Encroachment over or within the
Public Property and is not a conveyance of any right, title, or interest in or to the Public
Property, nor is it meant to convey any right to use or occupy property in which a third -
party may have an interest. Licensee agrees that it will obtain all necessary permissions
before occupying such property.
14.
In any action brought by the City for the enforcement of the obligations of the
Licensee, City shall be entitled to recover interest and reasonable attorneys' fees in
accordance with the Texas Civil Practice and Remedies Code.
15.
The rights granted to Licensee may not be assigned, in whole or in part, without the
express written consent of City, which consent will not be unreasonably withheld,
conditioned or delayed. Notwithstanding the foregoing Licensee may assign this
Agreement, without the consent of City, to any (i) entity that, directly or indirectly, owns
or controls, is owned or controlled by, or is under common ownership or control of,
Licensee, (ii) entity to whom Licensee has assigned all or substantially all of its assets or
(iii) to any bank, financing institution or other lender, or groups thereof, pursuant to the
terms of any financing agreements.
16.
Any cause of action for breach of this Agreement shall be brought in Tarrant
County, Texas. This Agreement shall be governed by the laws of the State of Texas.
Tier II Easement Encroachment Agreement
Page 4 of 10
Revised 05/2025
17.
This Agreement shall be binding upon the parties hereto and their successors and
assigns.
18.
This Agreement may be executed in multiple counterparts, each of which shall be
considered an original, but all of which shall constitute one instrument
[SIGNATURES APPEAR ON FOLLOWING PAGE]
Tier II Easement Encroachment Agreement
Page 5 of 10
Revised 05/2025
EXECUTED to be effective on the date signed by the City's Director of Development
Services Department
City:
CITY OF FORT WORTH
By:
D. J. Harrell
Director, Development Services Department
Date: �— / // / Z �-
ATTEST:
Approved As To Form and Legality
r�,A I k I J,6q,
�tt�e Goodall,
a 1 `
J�!hie th s
O�oo
Cetary
Assistant City Attorney
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Contract Compliance Manager:
�Qan�TEX�► ��
By signing I acknowledge that I am the person
responsible
spnsibe for he monitoring and administration
of this contract, including ensuring all performance
and reportin requir ments.
J/
Kan is ert
Development Services Manager
OFFIC-IAL RECORD
CITY SECRETARY
F, Wfl)RM TX
Tier II Easement Encroachment Agreement
Page 6 of 10
Revised 05/2025
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared D. J. Harrell, 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, as the act and deed of the
City of Fort Worth, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this1AMday of
2026.
• r��'0.Y pU0^ TIFFANY BACON
Notary ID #128261860
Notary c in and 9.
the State of Texas My Commissfon Expires
January 20, 2027
Tier II Easement Encroachment Agreement
Page 7 of 10
Revised 05/2025
Licensee:
Oncor Electric Delivery Company LLC
a Delaware limited liability company
By: �O
Name: aquel DiMaria
Title: Attorney-in-Fact
�Ir�I ,,
Date: &? 1 l njn W!�
STATE OF T-txa-S §
COUNTY OFwry-a vim• §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
on this day personally appearedJag u.e-\
(Title) known to me to be the person whose name is subscribed to the foregoing instrument,
and acknowledged to me that he or she executed the same for the purposes and
(%DhCOr E<<Cl'Y IG
consideration therein expressed, as the act and deed of ; ���a
w 00twwr'e l'sm� itA
G 1; .b core. (entity type), and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this =-144 � day of
2026.
Notary Public in and for the
State of C g.s
Tier II Easement Encroachment Agreement
KILIAN JOSEPH BENNETT
�=Notary Public, State of Texas
Q= Comm. Expires 10-05-2026
Notary ID 133999260
Page 8 of 10
Revised 05/2025
After recording return to:
Oncor Electric Delivery Company LLC
Attn: Transmission ROW
777 Main Street, Suite 707
Fort Worth, Texas 76102
Tier II Easement Encroachment Agreement
Page 9 of 10
Revised 05/2025
EXHIBIT A
Depiction and description of the Encroachment
Tier II Easement Encroachment Agreement
Page 10 of 10
Revised 05/2025
EXHIBIT "A"
"EASEMENT ENCROACHMENT"
BEING 0.004 of an acre of land, situated in Lot 1, Block 1, Early Childhood Addition,
an addition to the City of Fort Worth, Tarrant County, Texas, as filed in Instrument
# 25155004, Plat Records of Tarrant County, Texas (P.R.T.C.T.), and being a portion
of that :certain tract of land. described in the deed to the Northwest Independent School
District (NISD),- a Texas Independent School District, according to the deed -filed in
Instrument 41)224MI95, Deed .Records of Tarrant County, Texas (D.R.T.C:T.); and
being more particularly described by metes and bounds as follows:
COMMENCING at a 5/8 inch iron*rod with cap stamped "TNP"; recoverdd at the.
southeast corner of said Lot .1., also being the most easterly northeast corner of the
remainder of a tract ofland. described in the deed to `CB -Direct Bonds Ranch, LP, a Tetras.
limited partnership, according to the deed filed in Instrument #D224130242; D:R.T.C.T.,
and being in the west Right -of Way. (R=0-W)'line of Blue Mound Road (FM 156, 120'
in width), from which a 5/8 inch iron rod with cap stamped "TNP", recovered at the most
easterly northeast corner of said.Lot L .also being the intersection of the wesf R-O=W line
of-said.Blue Mound Road, with the southerly corder clip. of the south R-O-W .line of
Hillshire Drive (60' in width), bears N 00'12'53.' W, a distance of 514.09 feet;
THENCE N-00012'53" W, along the east line of said Lot 1., along the west R O-W"ne
of said Blue Mound Road, a distance -of 325.76 feetto.the POINT OF BEGINNING of
the hereinafter described tract of land;
THENCE leaving said line; passing over and across .said Lot -1, the following courses,
and distances;
S 88°48'45" W, passing over and across a 20' Sanitary Sewer Easement 'as .filed
in Instrument #1)225155004, P.R.T.C:T.; over and across a 12' Pedestrian Access
.Basement,_ as filed ii'n.Instrument #D22.5-155004, P.R.T:C.T., over. and across a W
Water.Line Easement,. as .filed in;Instrument #D2081'6025% D,R.T.C,T:, and 'gver
and across a 20' Drainage Easerrierit; as filed in Instruixien #D2251:55004,
P.R.T.C.T., a distance of 60.24 feet w the,west lir* 'of said Drainage. Easement;
N 00°13'S4" W,.alongtheeslineofdDranagewEasement;,a-distance of 3.00
feet;
Sheet I. of 3
NW124038
N 88°48'45" E, passing over and across said Drainage Easement, said 20' Water
Line Easement, said 12'. Pedestrian Access Easement,'and said 20' Sanitary
Sewer Easement, a distance of 60:24 feet to the east -line of said Lot 1,.also being
in the west R-O-W line of said Blue Mound Road;
THENCE S 00012'53" E, along the east line of said Lot 1., and along the west R=O-W
line of said Blue Mound lfoad, a distance of 3.00 feet to thhe POINT -OF BEGINNING
and containing 181 square. feet or 0.004 of an acre of land.'.
�iOF,�+yF
4.. -
v. 13, 2025
� � � � � � � �
Theron W.'Sims, Ft.P.L.B. ..... n
Texas Registration No. 58 7. 7HEftoN $IMS.
�iyionwww+�uuaryn•
<1Vo,
.Surveyed on the ground Nov. 13,. 2025 q,Q ,Ess;
1. Bearings of lines shQWn hereon refer to Grid North of the Texas Coordinate. System of 1983
(North -Central Zone; NAD83(2011) 2010.00)` as derived locally 'from. Alltetra Central's
Continuously.Operstirig .Reference Stations, (CORS) via Real Time kinemAtic-(.RTK) methods:
An. average Combination -Factor of 1.00012 was used to -scale gild coordinates and distances to
surface:
2.. ,Integral parts of this survey:
a, Legal Description
b. Sketch
NOTES.- 66' WIDE R—O-W, INST. J0212306375, P.R.T.C.T. 5/8" lR RECOVERED
1) Bearings of lines shown hereon refer to Grid North of the Texas WITH CAP STAMPED
Coordinate System of. 1983..(North Central Zone; .NAD83.(2011)HILL►SHIRE DRIVE (CONTROL !MON.)
2010.00) as derived locally from Allterra Central's Continuously
Operating Reference Stations (CORS) via Real Time Kinematic (RTK)_ — — — _ — _ _ _
methods. An average Combination Factor of 1.00012 was used to —^�—
scale grid coordinates and distances to surface. 20' DRAINAGE ESM'T.
2) Integral parts of this survey: INST. ID225155004 I
a. Legal Description P•R.T.C..T.— —
b. Sketch 7' PEDESTRIAN
15' WATER ESM7. ACCESS ESM'T .
INST. D225155004 I I I +
- INST. .R.T 55004
., P R.T.C.T
P.R;TC.T. I `
THERON W. SIMS, R.
TEXAS REGISTRATION 5887 12' PEDESTRIAN
ACCESS ESM7. I `
Date: Jan. 13,. 2026 INST. �0225155004 1
P.R.T.C.T.
Surveyed. on the ground
Nov. 13, 2025
(E•�OF•�•Tc�
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0,*°•:,
••� ^^^•• •• ••• •'•••'•'• 20' SANITARY, SEWER ESM7.
THERON W. SIMS INST ID225155004
Vo 5887 �� P.R.T.C.T. `+
<, %oFessa Q I6 4 I I I ri I I S00'12'53"E.
.
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0
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54 W N8$ 48 45" E . 3:00'
N 00' 13._. .;.;
S88' 48 45 _ W
LOT 1,. BLK. 1 I I I60.24'1 I .0'.B
EARLY CHILDHOOD ADD'N. 40' TEMPORARY
CONSTRUCTION ESM7. 3'. WIDE
INST. _ p225155004. INST.. 10208160252 I � � I ENCROACHMENT
D.R.T,C.T.. I I I I I (181 S.F.)
NORTHWEST INDEPENDENT T SCHOOL DISTRICT,
I -
a Texos lnde endent School District 1rc
INST, #6224132185. WATER. ESM'Tj 0) Z
D.R.T. C. T. INS T,.0225.155004
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EASEMENT 2 I Z I I W
:ENCROACHMENT
Situated in Lot 'f, Blogk 1, Early Childhood Addition; an addition to the
City of Fort ' Worth, Tarrant :County, Texas, as filed in Instrument
0225155004, Plat Records of Tarrant County, Texas.
CB —DIRECT :BONDS RANCH, LP,
a Texas .lim,ted-.,pgrfnership
teague nal' & perkinS INST.JD224.130242 RECOI/ERED WITH
5237 N. Riverside.Drive Suite 100 D•R TCAP STAMPED
(Remainder r TTr ract) 7NP .
Fort Worth, Texas 76137 (CO)VTROL .MON)
817.336:5773 ph 817.332.7756 fx
wwY✓.lnprnc.com / TBPELS Registration No. 1.001.16=00 JOB No. NWl 24038, SKEET, 3 OF 3
T \Projects\NWI24036\Sur ,C3D\cad\survey\Easements\181 SF.EnroachrheN - `NWI 240.184wg
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GRAPHIC SCALE
0 100 200
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5
12' PEDESTIRIAN ACCESS ESMT
INST#V225155004
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o 20' DRAINAGE ESMT JSANITARY SEWER ESMT
INSTIT225155004 III
D.R. T.C. T. INSL 225155004
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ELECTRICAL ENCROACHMENT f3 1lrI j
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ELECTRICAL ENCROACHMENT 112 l
ELECTRICAL ENCROACHMENT 1 t 20' WA TER ESMT
ill INSTID208160252
D.R.T.C.T
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GRAPHIC SCALE: 1" = 200'
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1"=2pp� JAN 2026 - r: FeN we,b, �au�
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A
City of Fort Worth, Texas
ONCOR ENCROACHMENT AT NISD ECC No. 1
ELETRICAL ENCROACHMENT
VICINITY EXHIBIT A
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20' DRAINAGE ESMT
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--------------T+OD
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ONCOR ENCROACHMENT AT NISD ECC No. 1 Fhee1
EXHIBIT A PLAN of
ELECTRICAL EASEMENT ENCROACHMENT 3
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TlPE Xepi.kaien No. F-130
`,�% www.mom�wm SANITARY SEWER CROSSING f
ELECTRICAL EASEMENT ENCROACHMENT 3
ORTWORT
i"
To: Jannette S. Goodall
From: Tiffany Bacon
Date: May 11, 2026
Regarding: ONCOR Public Property Easement Encroachment License Agreement
PN26-00007 NISD ECC# 1
CPN 105754 / IPRC24-0180
Good morning,
Please see the attached Public Property Easement Encroachment License Agreement
signed by Oncor and Development Services Staff. The last signature needed is Mrs.
Jannette S. Goodall. When she has signed the document, then you may contact me
at x2053 or Tiffany.Bacon a,fortworthtexas.g_ov and I will pick up the documents for
completion.
I do appreciate your time and hope you all have a nice week!
Sincerely,
Tiffany Bacon
Land Agent
Contract Management
Development Services Dept.
DEVELOPMENT SERVICES DEPARTMENT
CITY OF FORT WORTH 1 100 Fort Worth Trail I FORT WORTH, TEXAS 76102
CUSTOMER SERVICE 817-392-8000 1 FAX 817-392-8016
FORTWORTH.
City Secretary's Office
Contract Routing & Transmittal Slip
Contractor's Name: Oncor Electric Company
Subject of the Agreement:
PN26-00007 NISD ECC #1 - Public Property Easement Encroachment License
Agreement signed by Oncor and City Staff
M&C Approved by the Council? * Yes ❑ No B
If so, the M&C must be attached to the contract.
Is this an Amendment to an Existing contract? Yes ❑ No 8
If so, provide the original contract number and the amendment number.
Is the Contract "Permanent"? *Yes 8 No ❑
If unsure, see back page for permanent contract listing.
Is this entire contract Confidential? *Yes ❑ No B If only specific information is
Confidential, please list what information is Confidential and the page it is located.
Effective Date:
If different from the approval date.
Expiration Date:
If applicable.
Is a 1295 Form required? * Yes ❑ No 8
*If so, please ensure it is attached to the approving M&C or attached to the contract.
Project Number: Ifapplicable. CPN 105754 / IPRC24-0180
*Did you include a Text field on the contract to add the City Secretary Contract (CSC)
number? Yes 8 No ❑
Contracts need to be routed for CSO processing in the followingorder:
rder:
1. Katherine Cenicola A rover)
2. Jannette S. Goodall (Signer) F� —(o
ison Ti we orm i er
*Indicates the information is required and if the information is not provided, the contract mill be
returned to the department.
Becca Cheeks
Right -of -Way Analyst
6ON YC R rebecca.cheeks@oncor.com
Oncor Electric Delivery
777 Main Street
Ste. 707 (1033-10)
Fort Worth, Texas 76102
April 28th, 2026
Audrey Lee Wallace
100 Fort Worth Trail
Fort Worth, TX 76102
Hello,
Enclosed:
Public Property Easement Encroachment License Agreement (PN26-00007) signed by
Oncor Electric Delivery Company LLC.
Sincerely,
Becca Cheeks
Rebecca.cheeks@oncor.com