HomeMy WebLinkAbout065610 - General - Contract - Oncor Electric Delivery Company, LLCDate Received: R1 Li 1 k a,(P
Time Received: -T IT OL .M .
Record Number: PN26-00090
City Secretary No.: L95 to 10
PUBLIC PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMENT
TIER 1I
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 Facility easement conveyed to the City
through Document No. D212268769, recorded on October 31, 2012 in the Official Real
Property Records of Tarrant County, Texas (the "Public Property");
WHEREAS, Licensee, through an easement conveyed to Licensee through
Document No. D226077443, recorded April 24, 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 of ten 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 underground conduit (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
Revised Page 1 of 10
CITY��S/ECRyE�yTA^�R�/Y � 5
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.
4.
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
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 KIND 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 H Easement Encroachment Agreement
Revised Page 3 of 10
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 joint 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
Revised Page 4 of 10
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
Revised Page 5 of 10
EXECUTED to be effective on the date signed by the City's Director of Development
Services Department
City:
CITY OF FORT WORTH
By: f
D. J. Harrell
Director, Development Services Department
Date:
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 this k, day of
2026.
• Audrey Lee Wallace
My Commission Expires
xpires
Notary ID135082686
Notaliublic in and for t e State of Texas
ATTEST:
M
Approved As To Form and Legality
Tayler Canton
Assistant City Attorney
OFFICIAL RECORD Page 6 of 10
CITY SECRETARY
WORTIA TX
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
:an
d reporting require ents.
ice Merric c
Development Services Manager
Tier H Easement Encroachment Agreement
Revised Page 7 of 10
Licensee:
Oncor Electric Delivery Company LLC
a Delaware limited liability company
Name: Raquel DiMaria
Title: Attorney -in -Fact
Date:
STATE OF
COUNTY OF
0
0
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
, on this day personally appeared ,
(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
consideration therein expressed, as the act and deed of , a
(entity type), and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
2026.
Notary Public in and for the
State of
Tier H Easement Encroachment Agreement
Revised
Page 8 of 10
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
Revised Page 9 of 10
EXHIBIT A
Depiction and description of the Encroachment
Tier H Easement Encroachment Agreement
Revised Page 10 of 10
D225216640
Page 4 of 7
EXHIBIT A
Description of the Property
BEING a 9.4419 acre (411,289 square foot) tract of land situated in the Joseph Martin Survey,
Abstract No. 1017, City of Fort Worth, Tarrant County, Texas, and being all of a called 4.441
acre tract of land described in Special Warranty Deed to Alterrian Capital, LLC reco ed in
Instrument No. D223000539, Official Public Records, Tarrant County, Texas, and bein a of a
called 5 acre tract of land described in Deed to Alterrian Capital, LLC recorded i ent
No. 222296504, as corrected in Correction Instrument Special Warranty D ed in
Instrument No. D223016887, said Official Public Records, and being more p esc b d
as follows:
BEGINNING at a 1/2-inch iron rod found at the northwest corner of ii =,�Jlr
lf6Q.441 acre
tract, and being at the northeast corner of Lot 1R2C, Blo 1 a Addition, an
addition to the City of Fort Worth according to the plat recor e in In No. D224172285,
said Official Public Records, and being in the south right-o - y j1ino Old Highway 1187, a
100-foot right-of-way; n
THENCE North 89°48'38" East, along the said s+
to a 1/2-inch iron rod found for corner being the
and being at the northwest corner of B1oclo Ma
Worth according to the plat recorded in
Records, from which a 1/2-inch iron ro
89148' 3 8" East, a distance of 29\7,�9 ^fe t n
f-way line, a distance of 597.51 feet
er of the said called 5 acre tract,
1tion, an addition to the City of Fort
D210021513, said Official Public
south right-of-way line bears North
THENCE South 00°26'38" s said south right-of-way line, and along the east
line of the said called 5 c ra di ance of 729.27 feet to a 1/2-inch iron rod with cap
stamped "RPLS 5544" fo d ' e u line of a called 40-acre tract of land described in the
Deed to Ruby Nickols ri e corded in Volume 2641, Page 7, Deed Records, Tarrant
County, Texas, and b ' e h line of Lot 1, Block 1, Katies Carwash 5, an addition to the
City of Fort Worth c rdi g o the plat recorded in Instrument No. D220240572, said Official
Public Records r a 1/2-inch iron rod with cap stamped "RPLS 6677" found bears
South 6°A1'0 07N, istance of 0.50 feet;
o �55'04" West, along the said south line, and along the said north line, a
of Z� 38 feet to a 5/8-inch iron rod found at the southeast corner of the said called
4.
THENCE South 87°25'21" West, continuing along the said north line, and along the south line of
the said called 4.441 acre tract, a distance of 141.89 feet to an "+" cut found in the east line of
Lot 1R1, Block 2, South Freeway Addition, an addition to the City of Fort Worth according to
the plat recorded in Instrument No. D212283012, said Official Public Records;
THENCE North 00°53'49" West, along the said east line, a distance of 111.30 feet to a 5/8-inch
iron rod with cap stamped "5199" found for corner, being the northeast corner of said Lot 1R1;
Special Warranty Deed Exhibit A
4933-1023-3975.1
D225216640
Page 5 of 7
THENCE North 89°47'57" West, along the north line of said Lot 1R1, a distance of 129.79 feet
to a 1/2-inch iron rod found for corner, being at the southwest corner of the said called 4.441 acre
tract, from which a 5/8-inch iron rod found bears North 89°47'56" West, a distance of 0.64 feet;
THENCE North 03 °25'27" West, along the west line of the said called 4.441 acre tract, a
distance of 102.50 feet to a 1/2-inch iron rod found;
THENCE North 02°47'39" West, continuing along the said west line, a distance of 520,E eet to
the POINT OF BEGINNING and containing 411,289 square feet or 9.4419 acres of Ian , ore
or less. e"_�\
Together with that certain the 30-foot perpetual, nonexclusive and unobstru ac s 1 r s
and egress easement across the adjacent property reflected in the instruments c Cl k's
File no. D210240079, as amended by that certain amendment recor M
r s File No.
D212176422, Official Public Records, Tarrant County, Texas.
Special Warranty Deed
4933-1023-3975.1
Exhibit A.
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LEGEND
P.O.C. = POINT OF COMMENCING
NORTH P.O.B. = POINT OF BEGINNING
IRFC = IRON ROD W/CAP FOUND
IRF = IRON ROD FOUND
0 5 10
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11 1 5' ONCOR ELECTRIC DELIVERY
GRAPHIC SCALE IN FEET COMPANY, LLC EASEMENT
INST. NO. D226077443
1 1 15' SANITARY SEWER
EASEMENT
LOT 1 R2C, BLOCK 1 I L2 1 INST. NO. D212268769
MAYFIELD-KISER ADDITION '
INST. NO. D224172285 J
— — — — / 0.0046 ACRES,,
1/2" IRFC �/ 200 SQ. FT.
"K�
LOT 1 R1 BLOCK 1 L4
MAYFIELD-KISER ADDITION 1 1
INST. NO. D218189752 M o 1
N 1 1 P.O. B.
Z 11
REMAINDER OF
1�
LOT 1, BLOCK 2
C,
SOUTH FREEWAY ADDITION
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NOTES
I-1/2" IRF
11
P.O.C.
1/2" IRF
LOT 1, BLOCK 1
SAGE BURLESON
co INST. NO. D226077443
CALLED 9.4419 ACRES
SAGE BURLESON, LLC
INST. NO. D225216640
LINE TABLE
NO.
BEARING
LENGTH
L1
NO2'47'39"W
10.01'
L2
N89'48'38"E
20.20'
L3
S00°53'11"E
10.00,
L4
S89'48'38"W
19.86'
Bearing system based on the Texas Coordinate System of 1983 (2011 adjustment), Texas North Central (4202). A
metes and bounds description of even survey date herewith accompanies this survey plat.
The undersigned, Registered Professional Land Surveyor, hereby certifies that this survey plat accurately sets out
the metes and bounds of the encroachment tract.
ENCROACHMENT AGREEMENT
JOSEPH MARTIN SURVEY
ABSTRACT NO. 1017
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
�P•�cG�S� �RF'C•o
JOSHUA D. WARGO
t�:'�- �► o .N
REGISTERED PROFESSIONAL
..................................
LAND SURVEYOR NO. 6391
JOSHUA D. WARGO
801 CHERRY STREET,
""""•""""""......•�:
q 6391
I
UNIT 11 SUITE 1300
<,?o ?•'�
FORT WORTH, TEXAS 76102
'9�i• .°�:yo
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80
PH. 817-335-6511
UFty
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josh.wargo@kimley-horn.com
Scale
V=10,
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HWAY 1187
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