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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 ,h. o F° 0�.�1�t p 9 on ° V °o o=G o o° C PQ *°o° o°°� 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 $IMS. �iyionwww+�uuaryn• <1Vo, .Surveyed on the ground Nov. 13,. 2025 q,Q ,Ess; 1. Bearings of lines shQWn hereon refer to Grid North of the Texas Coordinate. System of 1983 (North -Central Zone; NAD83(2011) 2010.00)` as derived locally 'from. Alltetra Central's Continuously.Operstirig .Reference Stations, (CORS) via Real Time kinemAtic-(.RTK) methods: An. average Combination -Factor of 1.00012 was used to -scale gild coordinates and distances to surface: 2.. ,Integral parts of this survey: a, Legal Description b. Sketch NOTES.- 66' WIDE R—O-W, INST. J0212306375, P.R.T.C.T. 5/8" lR RECOVERED 1) Bearings of lines shown hereon refer to Grid North of the Texas WITH CAP STAMPED Coordinate System of. 1983..(North Central Zone; .NAD83.(2011)HILL►SHIRE DRIVE (CONTROL !MON.) 2010.00) as derived locally from Allterra Central's Continuously Operating Reference Stations (CORS) via Real Time Kinematic (RTK)_ — — — _ — _ _ _ methods. An average Combination Factor of 1.00012 was used to —^�— scale grid coordinates and distances to surface. 20' DRAINAGE ESM'T. 2) Integral parts of this survey: INST. ID225155004 I a. Legal Description P•R.T.C..T.— — b. Sketch 7' PEDESTRIAN 15' WATER ESM7. ACCESS ESM'T . INST. D225155004 I I I + - INST. .R.T 55004 ., P R.T.C.T P.R;TC.T. I ` THERON W. SIMS, R. TEXAS REGISTRATION 5887 12' PEDESTRIAN ACCESS ESM7. I ` Date: Jan. 13,. 2026 INST. �0225155004 1 P.R.T.C.T. Surveyed. on the ground Nov. 13, 2025 (E•�OF•�•Tc� r 0,*°•:, ••� ^^^•• •• ••• •'•••'•'• 20' SANITARY, SEWER ESM7. THERON W. SIMS INST ID225155004 Vo 5887 �� P.R.T.C.T. `+ <, %oFessa Q I6 4 I I I ri I I S00'12'53"E. . I2I I . 0 SURV " 54 W N8$ 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 Ih 0 P. R.T.C.T.. z L100 . tW : SCALE: W I N I o A 0 I.w10I col I0Ioo.. �. C6 I. .� IZ.Z�. 1.. J 00+1 s EZ7TTT1oTT IIDII I I:Nk I 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 200 v;l 4- - t � rer LOCATION MAP NOT TO SCALE tnp GRAPHIC SCALE 0 100 200 I I I I 5 12' PEDESTIRIAN ACCESS ESMT INST#V225155004 I ' D.R, T C, T. 1 1r 20' o 20' DRAINAGE ESMT JSANITARY SEWER ESMT INSTIT225155004 III D.R. T.C. T. INSL 225155004 F a V ; D.R. T.C. T ELECTRICAL ENCROACHMENT f3 1lrI j u --a — -1 l i 9 t 1 ELECTRICAL ENCROACHMENT 112 l ELECTRICAL ENCROACHMENT 1 t 20' WA TER ESMT ill INSTID208160252 D.R.T.C.T I � 0 Ili; I' Lc I I4 J� I i I III I Ill I i i i I li yl . 400 GRAPHIC SCALE: 1" = 200' ""a data League nail & perkin: hoax � = 5]i/ N. 0.ivr,idv Drirv. Suily 100 1"=2pp� JAN 2026 - r: FeN we,b, �au� NS{ fll 7 1GPEwP.17 MP cNeTF-]]0 F. A City of Fort Worth, Texas ONCOR ENCROACHMENT AT NISD ECC No. 1 ELETRICAL ENCROACHMENT VICINITY EXHIBIT A I I I I I I I I i I I I I I I I I I I 20' DRAINAGE ESMT I I� 20' WATER ESMT I ELECTRICAL CONDUIT � I 10' ELEC7RICAL ESMT --------------T+OD -------r------/ I I I I I I I I I II I I I I I I I I 12' PEDESTRIA I 20' SANI I ELEC7RICAL I I I I I I II I ELECTRICAL I , I ELECTRICAL I I I {-- ----------------------------1-- -�---- I I I I PO I I I 12" K (PUBLIC) 36" SD (PUBLIC) Ii il kPR, 8" WL (PUBLIC) \ it 8" K (PRIVATE) 4" K (PUBLIC) tnp 4" WL (PRIVATE)I`8" SS I I I I I , I I I I , _! 20' WATER ESMT ; ;� ; N GRAPHIC SCALE Ii 30 0 15 30 60 I I I GRAPHIC SCALE: 1" = 30' scale dale hoAi 1"=30' JAN 1016 N/A teague nall & parkins S]]1 N. Riv.,rid. DH- $.;N too y' F- We,F. T.— 76137 FI].]]QS)l] ph.17.3-281]f, tnp TFPF W.µiN,^lie cNeeTFd]0 ESMT 4 ESMT T I'3 T 12 T 11 LINE City of Fort Worth, Texas �p prel'SI Impro--na for HUC24012 ONCOR ENCROACHMENT AT NISD ECC No. 1 Fhee1 EXHIBIT A PLAN of ELECTRICAL EASEMENT ENCROACHMENT 3 760 760 —0+50 0+00 1+00 1+50 [PRdOPEkTYLIN��GRDf�® 6/LI��I WE � POLE :PRRADEC --ELECTRICAL League null & perkin4 City of Fort Worth, Texas „p Pp i1 HUC24012 sxn N. zwwme 0ax.. wu. too Imprevem ants for sheet hone % feel W4�h, Teae, 76lll 1"=40' JAN 2026 �' tnp eq.aab.manh anaasxnaf: ONCOR ENCROACHMENT AT NISD ECC No. 1 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