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0956 uo"FFICIAL RECOiki, ORDINANCE NO. 956 AN ORDINANCE DEDICATING A PERMANENT EASEMENT AND RIGHT-OF- WAY UPON AND ACROSS A PORTION OF CITY OWNED PROPERTY AT 600 STATE STREET DESCRIBED AS LOT 1R, RICHARD EADS NO. 481 ADDITION (CABINET A, SLIDE 12195, P.R.T.C.T.) IN THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS; DECLARING THAT SUCH EASEMENT IS NECESSARY FOR USE BY THE PUBLIC; AUTHORIZING THE MAYOR TO EXECUTE THE EASEMENT DEDICATION DOCUMENTS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule city acting under its charter 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 has determined that the design for the Department of public Safety headquarters project at 600 State Street, Lot 1 R, Richard Eads No. 481 Addition (Cabinet A, Slide 12195, P.R.T.C.T.) demonstrates a need to construct a pad mounted transformer and associated appurtenances to provide electric service to City owned property; and WHEREAS, the electric service equipment line will 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 an easement and right-of-way upon and across City owned property at 600 State Street, Lot 1R, Richard Eads No. 481 Addition (Cabinet A, Slide 12195, P.R.T.C.T.); and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: . SECTION 1 The City of Southlake grants a Permanent Easement and Right-of-Way in the portion of Lot 1R, Richard Eads No. 481 Addition (Cabinet A, Slide 12195, P.R.T.C.T.) to Oncor Electric Delivery Company, LLC, more specifically shown in Exhibit "A" attached hereto and incorporated herein for all purposes and the easement is dedicated to the public in perpetuity. SECTION 2 The Mayor of the City of Southlake, Texas is hereby authorized and empowered to execute the aforementioned Permanent Waterline Easement. SECTION 3 A copy of the Permanent Easement and Right-of-Way 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 6 This Ordinance shall be in full force and effect from and after its passage, and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS fifh DAY OF Mau 2009. MAYOR JOHN TERRELL ,,,44g9{1911 A Uy1/AAI,t ATTE T: • 10 _y• ° •cn= a CITY SECRET Y/LORI PAY 00 •o i` ~°O°oaooooo PASSED AND APPROVED ON SECOND READING ON THIS 2M DAY OF to 2009. MAYOR J N ELL ATTE T. `,`,19`944191 BAAdlA,,I • CITY SECRETA /LORI I • o e APPROVE S TO FORM AND LEGALITY: ~r +l /A9uA1N1 CITY ATTORNEY District: HEB n_ -;tric Dc!ivery company WR#: 2956663 - R . ;,t ay D,I:,^riment ER#: w A , , n .loStnsan .?t ',:rc t, suite 2os EASEMENT AND RIGHT OF WAY I viICIAL RECORD THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT § That THE CITY OF SOUTHLAKE, a home rule municipal corporation of the County of Tarrant, State of Texas, hereinafter called "Grantor," whether one or more, for and in consideration of Ten and No/100 Dollars ($10.00) and other valuable consideration to Grantor in hand paid by Oncor Electric Delivery Company LLC, a Delaware limited liability company, located at 1601 Bryan St., Dallas, Texas, 75201, hereinafter referred to as "Grantee", has granted, sold and conveyed and by these presents does grant, sell and convey unto said Grantee, their successors and assigns, an easement and right-of-way for underground electric supply and communications lines, consisting of a variable number of wires and cables, surface mounted equipment, conduits, manholes, vaults, transformers, switches, protection, sectionalizing devices and all necessary or desirable appurtenances over, under, across and upon Grantor's land described as follows: SEE EXHIBITS "A" AND "B" ATTACHED Notwithstanding any provision of this easement to the contrary, overhead lines will not be permitted. Together with the right of ingress and egress along and upon said easement and right-of-way and over and across Grantor's adjoining properties for the purpose of and with the right to construct, maintain, operate, repair, remove, replace, reconstruct, abandon in place, and to change the size and capacity of said facilities; the right to relocate said facilities in the same relative direction of said facilities; the right to relocate said facilities in the same relative position to any adjacent road if and as such road is widened in the future; the right to lease wire space for the purpose of permitting others to string or lay wire or cable along said facilities; the right to prevent excavation within the easement area; the right to prevent construction of, within the easement area, any and all buildings, structures or other obstructions which, in the sole judgment of Grantee, may endanger or interfere with the efficiency, safety, and/or convenient operation of said facilities and their appurtenances, and the right to trim or remove trees or shrubbery within, but not limited to, said easement area, including by use of herbicides or other similar chemicals approved by the U. S. Environmental Protection Agency, to the extent in the sole judgment of Grantee, as may be necessary to prevent possible interference with the operation of said facilities or to remove possible hazard thereto. Grantor shall not make changes in grade, elevation or contour of the land or impound water within the easement area as described above without prior written consent of Grantee. 50.320D ONCOR U/G DISTRIBUTION EASEMENT REVISED 6/42009 Page 1 bZ025325A P. Grantor reserves the right to use the land within the above described easement area for purposes not inconsistent with Grantee's use of such property, provided such use shall not, in the sole judgment of the Grantee, interfere with the exercise by the Grantee of the + rights hereby granted. TO HAVE AND TO HOLD the above described easement and right-of-way unto the said Grantee, its successors and assigns, until all of said electric lines and facilities shall be abandoned, and in that event said easement and right-of-way shall cease and all rights herein granted shall terminate and revert to Grantor or Grantor's successors or assigns; and Grantor hereby binds Grantor and Grantor's successors, assigns, and legal representatives, to warrant and forever defend the above described easement and right-of- way unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. k EXECUTED this 14- day of u A. D. 2009. GRANTOR: CITY OF SOUTHLAKE By: John errell, Mayor, Ci of Southlake ATTEST: ,,,f~11f 11fpfffl % V L Lori Payne, City cretary = to 16 GRANTEE: 'fffllt11j1`' Accepted by: ONCOR ELECTRIC DELIVERY COMPANY, L.L.C. By: Thomas F. ewsom, Attorney-In-Fact 50.3200 ONCOR U/G DISTRIBUTION EASEMENT REVISED 614/2009 Pape 2 l~2(~?253&5~ p.2 2 STATE OF TEXAS § § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared John Terrell, as the Mayor of the CITY OF SOUTHLAKE, home rule municipal corporation of the County of Tarrant, State of Texas, known to me to be the person whose name is subscribed 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of h e, , A. D. 2009. ~O~a.s ~1 F Notary Public in and fo t he State of xssp, }T u Z. 0-27 NIIINNI111WN~ STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Thomas F. Newsom, as the Attorney-in-Fact of ONCOR ELECTRIC DELIVERY COMPANY, L.L.C., 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of A. D. 2009. (C~ "y"JENNIFER MEEKER Notary Public, State of Texas ` MY Commission Expires DDCember 05, 2010 ota bli n and fo the State exas After recording, return to: Oncor Electric Delivery Company Land Records 115 W. 7°i Street, Suite 211 Ft. Worth, Texas 76102 50.3200 ONCOR U/G DISTRIBUTION EASEMENT REVISED 6/412009 Page 3 W?25335q p.3 b EXHIBIT "A" ONCOR ELECTRIC DELIVERY COMPANY, LLC EASEMENT 20'ORA/NAGE ESMNT., CAB. A. SL. 8697, PRTCT F LOT 1, GREENWAY-CARROLL ADDITION CAB. A, SL. 8697, PRTCT 5' U.E. CAB. A, SL. 585, PRTCT 15'U.E. CAB. A, SL. 12195, PRTCT N L 0 T 1R, RICHARD FADS NO. 481 ADDITION CABINET A, SLIDE 12195 PRTCT Q ~ I CITY OF SOUTHL AKE INST. NO. D207340467 b I DRTCT ~ w 3 S~ M Q N~ `5 ( N MO ~N a In co o° N89e23'34"E Z 20.00' P. 0. B. W 3 ~ N O Q0 o 633 S0. FT. M o to e N roc; O w at o 3 : S89°23'34"W z I M N o 20.00' PROPOSED o BUILDING tVrn M~ N O m O rn z I OF SURVEYOR'S CERTIFICATION CI ST * ; I. Philip B. Wolters, a Registered Professional Land Surveyor l~ of the State of Texas, certify that the calculations, graphic SIP 0. wOLTERS depidion and legal descriptions of this survey were • 5894 agws Property Prepared under ey persorrel supervision from an lp pR s t o+ O~ a ground survey. SUR`1 i ( M FEET Registered Profession l Land Surveyor No. 5894 1 inch a 20 fG A JMGTON SURVEYING de uAppow +29111010M 8. eaa Ila AMMUM n= (e171 SSA NOW ((elm EXHIBIT "B" ONCOR ELECTRIC DELIVERY COMPANY, LLC EASEMENT BEING a 633 square foot portion of Lot 1 R, Richard Eads No. 481 Addition, situated in the City of Southlake, Tan-ant County, Texas, as recorded in Cabinet A, Slide 12195, of the Plat Records of Tarrant County, Texas, and deeded to the City of Southlake under Instrument No. D207340467 of the Deed Records of Tarrant County, Texas and being more particularly described as follows; COMMENCING at a found 5/8" iron pin at the intersection of the east line of North Carroll Avenue and the north line of said Lot 1R; THENCE South 00036'26" East, along said east line, a distance of 95.92 feet to the POINT OF BEGINNING; THENCE North 89°23'34" East, departing said east line, a distance of 23.34 feet to a point for easement comer, THENCE North 00°36'26" West, a distance of 5.00 feet to a point for easement comer; THENCE North 89023'34" East, a distance of 20.00 feet to a point for easement corner; THENCE South 00036'26" East, a distance of 20.00 feet to a point for easement comer; THENCE South 89°23'34" West, a distance of 20.00 feet to a point for easement corner, THENCE North 00°36'26" West a distance of 5.00 feet to a point for easement corner, THENCE South 89°23'34" West, a distance of 23.34 feet to a point for easement comer in the said east line of North Carroll Avenue; THENCE North 00°36'26" West, along said east line, a distance of 10.00 feet to the POINT OF BEGINNING and containing 633 square feet or 0.014 acres of land. P:IRPGA11663\SURVMEm.t-ROW\Trawforma Pad Fasemmtdoc b2092N p. 5 . i ONCOR ELECTRIC DELIVERY CO f RIGHT OF WAY DEPT 115 W 7TH ST #206 FT WORTH TX 76102 Submitter: ONCOR SUZANNE HENDERSON TARRANT COUNTY CLERK TARRANT COUNTY COURTHOUSE 100 WEST WEATHERFORD FORT WORTH, TX 76196-0401 DO NOT DESTROY WARNING - THIS IS PART OF THE OFFICIAL RECORD. Filed For Registration: 09/2 1200911:16 AM uMont D209 53864 E GS ;32.00 By: D209253854 ANY PROVISION WHICH RESTRICTS THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW. Printed by: CN INVOICE Preview Star -Telegram Customer ID: CIT57 400 W. 7TH STREET Invoice Number: 304652441 FORT WORTH, TX 76102 (817) 390-7761 Invoice Date: 5/16/2009 Federal Tax ID 26-2674582 pECE1VEp Terms: Net due in 21 days CITY I 'or90ury141K- ! Due Date: 5/31/2009 Bill To: PO Number: 20900115-000 CITY OF SOUTHLAKE i `�`' 1400 MAIN ST `e Order Number: ate, 30465244 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Publication Date: 5/16/2009 Attn Attn: ACCOUNTS PAYABLE Description Location Cal Depth Linage MU Rate Amount CITY OF c CITY OFSqUTLAKE Notice Is hereby given Legal Notices 180 1 62 62 LINE $0.81 $50.22 by the -City Council of the City of City of Southlake Lori Payne Sales Disec Southlake, Texas, that a public hearing be held on'June City Secretary ----------- --------= ($5.00) will 2, 2009, at 5:00 p.m. Misc Fee or immediately fol- lowing the Work Session, during the . $5.00 it be held =jarRegular City Council i o.• � j tL,.. !� ED in the City Council Chambers of Town Hall, 1400 Main Street, Southlake; Texas. Purpose of the public hearing is Net Amount: $50.22 to consider the sec- and reading of the r ^Y ?.. 7 2.009 '.,'1 r following ordinance: ORDINANCE NO. 956 AN ORDINANCE DEDICATING A PERMANENT EASE- a .�. ... - .•,*�. I,,� nny O '..)i '� MENT AND RIGHT -.I, OF -WAY UPON AND ACROSS, 1,,✓L v!•.`.o!i,.,+! A PORTION OF CITY OWNED PROPERTY! AT 600 STATE STREET' DESCRIBED AS LOT 1R, RICHARD EADS THE STA ADDITION (CABINET County Of P.R.T CL.T.) IN IDE ZTHE CITY OF SOUTHLAKE, TAR - Before m RANT TEXAS; DECLARING Id for said County and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for the Star- ETHAT S THIS NEC - the Star -Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the a ESSARY FOR USE ldvertisement was publishe f0 the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM (817) 390 BY THE PUBLIC; AUTHORIZING THE MAYOR TO EXECUTE �111P111//�� THE EASEMENT DEDICATION Docu- +`' �� ARIE SEV- Signed %t ........AC4G /° SUBSCRI� PROVIDIMENTSNG A ERABILITY CLAUSE; AND PROVIDING AN) BEFORE ME, THIS Tuesday, May 19, 200 . a ,,o�, tJ� e(j�•�� EFFECTIVE DATE. r Notary Public � i q 0 1 •••°•F�'PIRES.•'• Zyf✓'81.... - 0i �0������\\�� Thank You For Your Payment --------------------------------------------- Remit To: Star -Telegram Customer ID: CIT57 P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101-2051 Invoice Number: 304652441 Invoice Amount: $50.22 PO Number: 20900115-000 Amount Enclosed: $ INVOICE Preview Star -Telegram Customer ID: CIT57 400 W. 7TH STREET RECEIVED Invoice Number: 305230981 FORT WORTH, TX 76102 Invoice Date: 6/19/2009 (817) 390-7761 Federal Tax 1D 26-2674582 J U L - 1 2009 Terms: Net due in 21 days Due Date: 6/30/2009 Bill To: l) ., 'F�� l.- PO Number: 20900115-000 CITY OF SOUTHLAKE 1400 MAIN ST „r I�Y Order Number: 30523098 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Attn Attn: ACCOUNTS PAYABLE Publication Date: 6/19/2009 Description Location Col Depth Linage , MU Rate Amount CITY OF SOUTHLAKE Sales Discount Misc Fee Notice is he CITY OF SOUTHLAKE Notice is hereby given by the City Council of the City of Southlake, Texas, that a public hearing will be held on July 7, 2009, at 5:00 p.m. or immediately foI-, lowing the Work'i. neeting n the I3580 1 42 42 LINE $0.81 $34.02 Net Amount: ($5.00) $5.00 $34.02 Hall, 14UU %I= Street, , Southake, Texas. Purpose of the public hearing is .to consider the sec- ond reading of the following ordinance: ORDINANCE NO. 956 AN ORDINANCE OF THE CITY COUNCILI OF THE CITY OF SOUTHLAKE, TEX- AS, APPOINTING A MUNICIPAL JUDGE AND AUTHORIZING THE MAYOR TO EXECUTE AN THE STATE OF TEXA., AG EEMIENNUNICIPAL County of Tarrant JUDGE; AND PRO- VIDING AN EFFEC- TIVE DATE: City of Southlake Before me, a Notary Pu Lori Payne Inty and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for the Star -Telegram, publ, City secretary gram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the attached clipping of an advertisement was published in the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM (817) 390-7501 SionSdL � k�.i� '� \ ,,1, `NPFtIEIJ�C �i���. SUBSCRIBED AND SWORN TO BEFORE ME, THIS Monday, Ju Notary Publi d' . �co •••• •. EXPIRES 8-19123t�``�`\\,\ Thank You For Your Payment ---------------------------------------------- Remit To: Star -Telegram Customer ID: CIT57 P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101-2051 Invoice Number: 305230981 Invoice Amount: $34.02 PO Number: 20900115-000 Amount Enclosed: $ INVOICE Preview Star-Telegram Customer ID: CIT57 400 W.7TH STREET Invoice Number: 304988631 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 6/5/2009 Federal Tax ID 26-2674582 Terms: Net due in 21 days Due Date: 6/30/2009 Bill To: PO Number: 20900115-000 CITY OF SOUTHLAKE 1400 MAIN ST Order Number: 30498863 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Attn Attn: SUSANA MARIN Publication Date: 6/5/2009 Description Location Col Depth Linage MU Rate Amount CITY OF CITY OF SOUTHL ORDINANCE NO. 956 NO I3SSO I 43 43 LINE S0.41 $34.83 AN ORDINANCE DEDICATING A PERMANENT EASE- Sales Discount MENT AND RIGHT- OFWAY ($($4.95) UPON AND ACROSS A PORTION OF CITY OWNED PROPERTY' Misc Fee AT 600 STATE $5.00 STREET DESCRIBED AS LOT 1R, RICH- ARD EADS NO. 481 ADDITION(CABINET A, SLIDE 12195, P.R.T.C.T.) IN THE CITY OF SOUTH- Net Amount: $34.88 LAKE, TARRANTERAS; RECEIVED COUNTY, TEXAS DECLARING THAT SUCH EASEMENT IS NECESSARY FOR USE BY THE PUBLIC; AUTHORIZING THE MAYOR TO EXE- CUTE THE EASE-' JUN 1 9 2009 MENT DEDICATION J DOCUMENTS; PRO- VIDING A SEVER- ABILITY CLAUSE,. AND PROVIDING AN EFFECTIVE DATE. f'1` A PASSED AND AP- OFFICE ^-,�v+ ..,•,.y7`TA,�Y PROVED THIS THE ��' ti✓�; t, V'.. t;'.; il� 2nd DAY OF JUNE 2009, DURING THE THE STATE OF TE COUNCIAL MEET ING. Count'of Tarrant MAYOR: John Terrell `7 ATTEST: Lori Payne, City Secretary Before me,a Notary Public in and for said County and State,this day personally appeared Deborah Baylor Norwood,Bid and Legal Coordinator for the Star-Telegram,published by the Star-Telegram, Inc.at Fort Worth,in Tarrant County,Texas;and who,after being duly sworn,did depose and say that the attached clipping of an advertisement was publis in the above named paper on the listed dates: BIDS&LEGAL DEPT. STAR TELEGRAM (817)390-7501 Signed � OL k tlA 4f4i SUBSCRIBED AND SWORN TO BEFORE ME,THIS Monday,June 08,2009. .0•.9 y r � J• Notary Public 1.k. /6k-VIkO4 i 9 V:o Thank You For Your Payment //� �l Remit To: Star-Telegram Customer ID: CIT57 P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101-2051 Invoice Number: 304988631 Invoice Amount: $34.88 PO Number: 20900115-000 Amount Enclosed: $