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1193ORDINANCE NO. 1193 AN ORDINANCE DEDICATING A PERMANENT UNDERGROUND ELECTRIC LINE EASEMENT FOR PRIMARY POWER AND ACROSS A PORTION OF CITY OWNED PROPERTY LOCATED IN THE CITY OF SOUTHLAKE, TARRANT, COUNTY TEXAS A PART OF THE L.B.G. HALL SURVEY, ABSTRACT NO. 686 ALSO KNOWN AS BICENTENNIAL PARK; DECLARING THAT SUCH EASEMENT IS NECESSARY FOR USE BY TRI -COUNTY ELECTRIC COOPERATIVE, INC.; AUTHORIZING THE MAYOR TO EXECUTE THE EASEMENT DEDICATION DOCUMENTS; PROVIDING A SEVERABILTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas ("the City") is a home rule city acting under its power adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City Council of the City of Southlake, after careful study and consideration, has determined that granting a utility easement of 0.082 acre, located in the City of Southlake, is necessary for installation and maintenance of primary power facilities to be constructed to the benefit of the public; and WHEREAS, the City Council of the City of Southlake has determined that there is a public need for a 10 -foot and variable width permanent underground electric line easement across City owned property, a part of the L.B.G. Hall Survey, Abstract No. 686 also known as Bicentennial Park. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1 A 0.082 acre permanent underground electric line easement across City owned property, a part of the L.B.G. Hall Survey, Abstract No. 686 also known as Bicentennial Park. The easement records attached hereto and incorporated herein for all purposes and the easement is dedicated to the Tri -County Electric Cooperative, Inc. in perpetuity. SECTION 2 The Mayor of the City of Southlake, Texas, is hereby authorized and empowered to execute the aforementioned Permanent Underground Electric Line Easement to permit the construction of primary power facilities. Ordinance No. 1193 SECTION 3 A copy of the Permanent Underground Electric Line Easement shall be presented for filing with the County Clerk of Tarrant County, Texas by the office of the City Secretary. SECTION 4 It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 5 This Ordinance shall be in full force and effect from and its passage, and it so ordained. PASSED AND APPROVED ON FIRST READING ON THIS 1" DAY OF MAY, 2018. U sy';fa;t�� �tlrfA► . N MAYOR ATTEST: CITY SECRETARY Ordinance No. 1193 PASSED AND APPROVED ON SECOND READING ON THIS 15th DAY OF MAY, 2018. n � r ttttt;#i###:tYfs� wv ,�►`j` " MAYOR ATTEST: CITY SECRETARY EFFECTIVE: 51/-�,0/F APPROVED AS TO FORM AND LEGALITY: CI Y ATTORNE Ordinance No. 1193 TRI -COUNTY ELECTRIC COOPERATIVE, INC. UNDERGROUND ELECTRIC LINE EASEMENT AND RIGHT-OF-WAY STATE OF TEXAS COUNTY OF TARRANT DATE: May 1, 2018 Work Order No. 933855 GRANTOR CITY OF SOUTHLAKE GRANTOR'S MAILING ADDRESS: 1400 Main Street, Suite 270 Southlake, TX 76092 Tan -ant County GRANTEE: TRI -COUNTY ELECTRIC COOPERATIVE, INC. GRANTEE'S MAILING ADDRESS: 600 N. W. Parkway Azle, Texas 76020 CONSIDERATION: The provision of electrical service and/or other benefits inuring to GRANTOR and/or Ten and No/100's dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of some consideration deemed valuable to GRANTOR being hereby expressly acknowledged and accepted by GRANTOR. EASEMENT PROPERTY (check either Defined Easement or Blanket Easement): Ed Defined Easement. The EASEMENT PROPERTY is a tract of land consisting of 0.082 acre, more or less, more particularly described in the attached Exhibit A, field note description and plat, incorporated herein for all purposes. Addition, an addition in the 645, ,,..t.. > Twayoa er-di.... to tl,o mar ^ plat tl, o«o.,F«e...,«.7 e.i in tl.e Plat De....rd $> 44pla4ted D«^ Ety Apr -or, efland, nlere or. less, out af the b timet Ne in Geoat��e � P fu!.' d6sGFibe,a :., „tet tom^^«,ava 1 14-ime Page a€the _. ... .. • YN. ... .. .. .. - N��141� • • � N� Y - YN. Page 1 The EASEMENT PROPERTY shall include use of the subsurface below and air space above for the PURPOSE herein stated. This easement shall also include such portions of adjoining property owned by GRANTOR as is necessary for the PURPOSES stated below. PROJECT: Electric transmission and/or electric distribution line or lines, consisting of a variable number and sizes of wires, cables, conduits, pads, manholes, switchgears, transformers, vaults, subsurface boxes, ducts, conductors, and circuits, and all necessary or desirable appurtenances, appliances, facilities and equipment (including but not limited to, insulators, transformers, cabinets, switchgears, vaults, manholes, and other facilities whether made of fiberglass, concrete, plastic, wood, metal, or other materials). All improvements, with the exception of the termination cabinet, transformer and transformer pad, must be located underground. GRANT: GRANTOR, for the CONSIDERATION received by GRANTOR, hereby grants, sells, and conveys to GRANTEE a non-exclusive EASEMENT appurtenant and Right -of -Way in, upon, and across the EASEMENT PROPERTY, together with all and singular the rights and appurtenances thereto in any wise belonging to have and hold it to GRANTEE and GRANTEE's successors and assigns forever. PURPOSE: The EASEMENT, right-of-way, rights, and privileges herein granted shall be used for the purpose of providing electric utility service, constructing placing operating maintaining reconstructing replacing relocating reconstituting changing the size or nature of, rebuilding upgrading removing inspecting patrolling and/or repairing the PROJECT or any part of the PROJECT, and making connections therewith, and to undertake the same for any of the other joint uses authorized herein. The purpose shall also include use of the EASEMENT, right-of-way, rights and privileges granted herein for any use directly related to the PROJECT or financing of the PROJECT, including but not limited to performing archeological, historical, environmental, or other studies. GRANTEE shall have the right to place pads, transformers, vaults, cabinets, boxes, cables, and conductors, for use in building or repairing the PROJECT. GRANTEE shall have the right to use such portion of the property along and adjacent to the EASEMENT PROPERTY and right-of-way as may be reasonably necessary in connection with the PURPOSES stated, or any one or more of them relating to the PROJECT, or any part thereof. ACCESS: GRANTEE shall have the right of pedestrian, equipment, and vehicular ingress and egress at all times upon and across the EASEMENT PROPERTY for the above stated PURPOSE. GRANTEE shall also have the right of ingress and egress over existing roads across the adjacent or remainder property of GRANTOR for the purpose of obtaining access. In the event that access is not reasonably available over existing roads, GRANTEE shall have the right of reasonable ingress and egress over the adjacent property of GRANTOR along any route that is reasonable and appropriate under the circumstances then existing in order to obtain access. GRANTEE shall have the right to use such portion of the property along and adjacent to the EASEMENT PROPERTY and right-of-way as may be reasonably necessary in connection with the construction, reconstruction, repair or other Purpose stated above relating to the PROJECT, or any part thereof. GRANTEE shall promptly repair any damage to restore any improvements, including pavement, grass and landscaping caused by GRANTEE's use including on the EASEMENT PROPERTY and on GRANTOR's adjacent property. TERM: The EASEMENT and access rights granted herein, as well as the covenants made herein, shall be perpetual and appurtenant to the land, unless abandoned by the GRANTEE for a period of 10 years. TREES: GRANTEE shall have the right to cut, trim, chemically treat with herbicides, and/or remove trees, shrubs, bushes, brush and vegetation planted after the dedication of the EASEMENT PROPERTY within or adjacent to the EASEMENT PROPERTY or otherwise necessary to realize the PURPOSE herein stated. STRUCTURES: GRANTOR shall not construct or locate on the EASEMENT PROPERTY any structure, obstruction or improvement. GRANTEE shall have the right to remove from the EASEMENT PROPERTY any structure, improvement, or obstruction and GRANTOR agrees to pay GRANTEE the reasonable cost of such removal and this agreement shall be a covenant running with the land for the benefit of GRANTEE. MINERALS: GRANTOR expressly reserves all oil, gas, and other minerals owned by GRANTOR, in, on, and under the EASEMENT PROPERTY, provided that GRANTOR shall not be permitted to, and shall not allow any party to, drill or excavate for minerals on or from the surface of the EASEMENT PROPERTY, but GRANTOR may extract oil, gas, or other minerals from and under the EASEMENT PROPERTY by directional drilling or other means which do not interfere with or disturb GRANTEE's use of the EAS EMENT PROPERTY. OWNERSHIP: GRANTOR agrees that all wires, cables, circuits, appurtenances, facilities, appliances and equipment installed upon the EASEMENT PROPERTY shall at all times remain the property of the GRANTEE and is removable at the option of the GRANTEE. AS S IGNMENT AND MIS CELLANEOUS : This instrument, and the terms and conditions contained herein, shall inure to the Page 2 benefit of and be binding upon GRANTEE and GRANTOR, and their respective heirs, personal representatives, successors, and assigns. When the context requires, singular nouns and pronouns include the plural. When appropriate, the term "GRANTEE" includes the employees, contractors, and authorized agents of GRANTEE. WARRANTY: GRANTOR warrants and shall forever defend the EASEMENT to GRANTEE against anyone lawfully claiming or to claim the EASEMENT r any part thereof. // `tip>„sIr��1► GRANTOR: l� , SIGNATURE ILL Y. PRINT NAME np M dh TITLE STATE OF TEXAS COUNTY OF ACKNOWLEDGEMENT 1 - This instrument was acknowledged before me on this day of 20 / by L>$v%d #it -L /7,4 y0p, of d1ly Al'-- SOUT7iL/l hf , known to me to be the person(s) whose name(s) is/are Subscribed to the foregoing instrument, and acknowledged that—Q r— executed the same for the purposes and consideration therein expressed. After Recorchng, Return this Document to: Tri -County Electric Cooperative, Inc. 600 N.W. Parkway Azle, Texas 76020 Page 3 Notary Public, State of Texas My Commission Expires: CAROL ANN BORGES t5' Notary Public, State of Texas EoMm. Expires 11.12.2021 Notvv ® 128100482 EXHIBIT "A" City: Southlake Texas Page 1 of 2 Project: Bicentennial Park March 26, 2018 10' Tri -County Electric Easement Description BEING a 0.082 acre tract of land situated in the L.B.G. HALL SURVEY, Abstract No. 656, in the City of Southlake, Tarrant County, Texas, and being out of the proposed plat for Lot 1, Block 1 of Bicentennial Park Addition, and being described in deeds to the City of Southlake, recorded in Volume 11365, Page 230, and Volume 11618, Page 1326 of the Deed Records of Tarrant County, Texas (D.R.T.C.T.), said 0.082 acre tract of land being more particularly described by metes and bounds as follows: BEGINNING at a point on the proposed easterly right-of-way of Shady Oaks Drive (a variable width right-of- way), from which a '/2 -inch capped iron rod found for the southwest corner of said Lot 1 bears South 06 degrees 19 minutes 15 seconds East, a distance of 179.99 feet; THENCE North 06 degrees 19 minutes 15 seconds West, along said proposed easterly right-of-way line, a distance of 208.15 feet to a corner; THENCE North 84 degrees 13 minutes 43 seconds East, departing said proposed right-of-way line, a distance of 10.00 feet to a corner; THENCE South 06 degrees 19 minutes 15 seconds East, a distance of 200.73 feet to a corner; THENCE South 78 degrees 46 minutes 41 seconds East, a distance of 105.21 feet to a corner; THENCE North 21 degrees 31 minutes 02 seconds West, a distance of 5.47 feet to a corner; THENCE North 68 degrees 28 minutes 58 seconds East, a distance of 20.00 feet to a corner; THENCE South 21 degrees 31 minutes 02 seconds East, a distance of 20.00 feet to a corner; THENCE South 68 degrees 28 minutes 58 seconds West, a distance of 20.00 feet to a corner; THENCE North 21 degrees 31 minutes 02 seconds West, a distance of 2.64 feet to a corner; THENCE North 78 degrees 46 minutes 41 seconds West, a distance of 118.97 feet to the POINT OF BEGINNING, and containing 3,565 square feet or 0.082 acres of land, more or less. I, Larry D. Stone, a Registered Professional Land Surveyor in the State of Texas, hereby certify that the land descri d plat represent an actual survey made on the ground under my supervision. Larry D. S one Date Texas Registration No. 2925 TBPLS Firm No. 100443-00 OF' ��G ERFa LARRY D. STONE �p 2925 Schrickel, Rollins and Associates, Inc. 1161 Corporate Drive West Suite 200 Arlington, Texas 76006 Ph. (817) 649-3216 SRA 5360 I I I 1 I I I I I I 1 1 I 1 I II 11 I I LOT 2 I I OWEN ADDITION I CAB. A, SLIDE 4317 I P.R.T.C.T. I II I I I I I LOT 10 I EXHIBIT "A " A-_ 0. I I N84'1 3'43"E I 1 10.00' 1. 114 I co I I � r IFOUND NAIL 1-114 N8911133 45"W 3; I O LOT 1, BLOCK 1 BICENTENNIAL PARK ADDITION CITY CASE )a ZA12-113 W 0 At 6,4-OUNT,EASMEtr m ' v n IIII 118. ' 7 � C Z � m �................................................ 0 568'28'58"W 0 I 2.64' J N W ESMT. PARCEL AREA: 3,565 SQ. FT. CITY OF SOUTHLAKE 0.082 ACRES 1 6NTo'24' 111 *31'02"W' "W 5.47'p5.21'\ CITY OF SOUTHLAKE VOL 11365, PG. 230 D.R.T.C.T. 0 25 50 100 GRAPHIC SCALE IN FEET rN 68'28'58"E 1 20.00' 1'31'02"E I 1 At 6,4-OUNT,EASMEtr 20.00' 1�W IIII 118. ' 7 I N21'31'02"W 568'28'58"W m I 2.64' 20.00'C N I I CITY OF SOUTHLAKE 1 VOL. 11618, PG. 1326 m D.R.T.C.T. I io1 I I z I �3� -�— ------ .15 I WATER EASEMENT --,---------------- �— 15 SANITARY SEWER EASEMENT =�NSTR. N0. D205041596 - D.R.T.C.T._ _ .3 ' 10' UE 1/2"CIRF (CMJ 10' UE (BY PLAT) 1.85' — — — — — — — — — — — — OF a LARRY D. STONE P 2925 P� 9 k0F p`'ff0 °wsuR��� NOTE: This property is tied to the City of Southlake Global Positioning Data, Texas Coordinate System, North Central Texas Zone, NAD83. TBPLS Firm No. 100443-00 Date: Sheet No. L411��.. 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