1097 ORDINANCE NO. 1097
AN ORDINANCE GRANTING A PERMANENT UTILITY EASEMENT ON AND
UNDER CITY OWNED PROPERTY AT 450 SOUTHLAKE BOULEVARD IN
THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS; AUTHORIZING
THE MAYOR TO EXECUTE THE EASEMENT DOCUMENT; 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
future Bicentennial Park improvements demonstrates a need for an additional utility
easement and right -of -way granted to Oncor Electric Delivery Company, LLC, a
Delaware limited liability company, to provide electric service to the park improvements
to be constructed at 450 Southlake Boulevard; and
WHEREAS, the future park improvements will be constructed to the benefit of
the public and dedicated to the public; and
WHEREAS, the City Council of the City of Southlake has determined that there is
a need for the above - referenced utility easement on and under City owned properties at
450 Southlake Boulevard; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS:
SECTION 1
The City of Southlake grants a utility easement to Oncor Electric Delivery
Company, LLC, a Delaware limited liability company, on and under that property
specifically shown in Exhibit "A" attached hereto and incorporated herein for the sole
and limited purpose of providing electric service and related utilities to the City's
facilities at that location, said easement to exist until all of said lines shall be
abandoned, and in that event, said easement and right -of -way shall cease and all rights
granted herein shall terminate and revert to the City, and its successors and assigns.
SECTION 2
The Mayor of the City of Southlake, Texas is hereby authorized and empowered
to execute the aforementioned Easement Dedication.
SECTION 3
A copy of the easement and right -of -way conveyance instrument is attached
hereto as Exhibit B, and 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 after its passage, and it
is so ordained.
PASSED AND APPROVED ON FIRST READING ON THIS 54 DAY OF
A,iA 1A5--;\ , 2014.
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MAYOR /JOHN TERRE I L ,,,,,,,,,,,,,,,
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PASSED AND APPROVED ON SECOND READING ON THIS J47h DAY OF
L }u9ct , ,r 2014.
MAYOR E /JOHNTRE
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APP D AS TO FORM AND LEGALITY: '',�.,,,,,,,�« <`
CITY ATTORNEY i
13 1 EXHIBIT "A"
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BLOCK 2 r rr VOL. 4928. PG. 733
OAK HILL ESTATES R 0 D.R.T.C.T.
CAB. A, SLIDE 683 s
P.R.T.C.T.
PROPOSED PLAT REVISION
15 LOT 1, BLOCK I
BICENTENNIAL PARK ADDITION
1 PO /NT OF
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14.22'
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N4402'4,9 "E < N UTILITY EASEMENT
16 14.83 NORTH AREA: 601 SQ. FT.
, 20.00' 0.014 ACRES
DRAINAGE & UTILITY EASEMENT (BY PLAT)
\ PROPOSED 20' DRAINAGE EASEMENT
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BASIS OF BEARINGS 1 l
BEARINGS ARE BASED ON GPS TIES TO CITY OF SOUTHLAKE GPS GRAPHIC SCALE IN FEET
MONUMENTS NO. 30, 35 & 36.
PARK
Date She�fi Na
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LU !DM BICENTENNIAL
10' UTILITY EASEMENT Drawn by: CCH
MUM MAIM SOUTHLAKE, TEXAS
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EXHIBIT "A"
City: Southlake, Texas Page 1 of 2
Project: Bicentennial Park Addition June 4, 2014
Utility Easement
Description
BEING a 0.014 acre tract of land situated in the L.B.G. HALL SURVEY, Abstract No. 686, in the City of
Southlake, Tarrant County, Texas, and being out of a tract of land described in deed to the City of Southlake,
recorded in Volume 4928, Page 733 of the Deed Records of Tarrant County, Texas (D.R.T.C.T.), and being in
the proposed plat revision of Lot 1, Block 1 of the Bicentennial Park Addition, an (unrecorded) addition to the
City of Southlake, said 0.014 acre tract of land being more particularly described by metes and bounds as
follows:
COMMENCING at a 5/8 -inch iron rod found for the southwest corner of Lot 13, Block 2 of the Oak Hill Estates,
an addition to the City of Southlake according to the plat recorded in Cabinet A, Slide 683 of the Plat Records
of Tarrant County, Texas (P.R.T.C.T.), same being the southeast comer of Lot 14 of said addition, and being
on the northerly line of said City of Southlake tract;
THENCE South 88 degrees 43 minutes 26 seconds West, along the southerly line of said Block 2, same being
the northerly line of said City of Southlake tract, at 220.17 feet pass a 5/8 -inch iron rod found for the southwest
corner of Lot 15 and the southeast corner of Lot 16 of said addition, and continue for a total distance of 248.04
feet to a point;
THENCE South 01 degrees 16 minutes 34 seconds East, departing the southerly line of said Block 2 and the
northerly line of said City of Southlake tract, a distance of 10.00 feet to a point on the southerly line of a
proposed 10' Utility Easement, the POINT OF BEGINNING;
THENCE South 44 degrees 02 minutes 49 seconds West, departing the southerly line of said proposed 10'
Utility Easement, a distance of 29.44 feet to a corner;
THENCE South, a distance of 9.82 feet to a corner;
THENCE West, a distance of 20.00 feet to a corner;
THENCE North, a distance of 20.00 feet to a corner,
THENCE East, a distance of 15.94 feet to a corner;
THENCE North 44 degrees 02 minutes 49 seconds East, a distance of 14.83 feet to a comer on the southerly
line of said 10' Utility Easement;
THENCE North 88 degrees 43 minutes 26 seconds East, along the southerly line of said 10' Utility Easement,
a distance of 14.22 feet to the POINT OF BEGINNING, and containing 601 square feet or 0.014 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
descriptio - nd plat represent an actual survey made on the ground under my supervision.
G -4 -/t
Larry D. =one Date
Texas Registration No. 2925
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LARRY D. STONE
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Schrickel, Rollins and Associates, Inc.
1161 Corporate Drive West Suite 200
Arlington, Texas 76006
Ph. (817) 649 -3216
SRA 5105
EXHIBIT "B"
District:
WR #:
ER #:
EASEMENT AND RIGHT OF WAY
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF §
That , hereinafter called
"Grantor," whether oie or more, for and in consideration of Ten Dollars ($10.00) and other
valuable consideration to Grantor in hand paid by Oncor Electric Delivery Company LLC,
a Delaware limited liability company, 1616 Woodall Rodgers Freeway, Dallas, Texas
75202 -1234, hereinafter referred to as "Grantee ", has granted, sold and conveyed and by
these presents does grant, sell and convey unto said Grantee, its 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 EXHIBIT "A" (ATTACHED)
Grantor recognizes that the general course of said lines, or the metes and bounds
as above described, is based on preliminary surveys only, and Grantor hereby agrees that
the easement and right -of -way and its general dimensions hereby granted shall apply to
the actual location of said lines when constructed, in which case this easement shall be
revised accordingly.
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 to string or lay wire or cable along said facilities; the right to
prevent excavation within the easement area; and the right to prevent construction of,
within the easement area, any and all buildings, structures or other obstructions which, in
the reasonable judgment of Grantee, may endanger or interfere with the efficiency, safety,
and /or convenient operation of said facilities and their appurtenances. 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. Grantor shall
have the right to install landscaping and landscape sprinkler facilities in the easement,
provided that Grantor shall take all necessary measures to insure that such landscaping
and sprinkler facilities are limited to a depth which does not interfere with Grantee's
facilities and their appurtenances. Grantor agrees to maintain such landscaping so that it
does not interfere with the operation of Grantee's facilities or create hazard thereto, and if
UNDERGROUND EASEMENT AND RIGHT OF WAY FORM 50.3400 REV 2/10/2009
EXHIBIT "B"
Grantor fails to do so, Grantee shall then have 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 reasonable judgment of Grantee, such is necessary to prevent interference
with the operation of said facilities or to remove hazard thereto.
The sole purpose of this easement and right -of -way conveyance is to permit and
allow Grantor to install the afore - mentioned facilities to provide service to Grantee's
property, all other uses and purposes being prohibited.
TO HAVE AND TO HOLD the above described easement and rights unto the said
Grantee, its successors and assigns, until all of said lines 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 heirs, successors or assigns.
And it does hereby bind itself, its successors, legal representatives, and assigns, to
warrant and forever defend all and singular the above described easement and rights unto
the said Grantee, its successors and assigns, against every person whomsoever lawfully
claiming or to claim the same or any part thereof.
EXECUTED this /9' day of ,4 i , 20 /`I .
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By: __
Name: 3h1 . 76vrell
Title: a
STATE OF TEXAS §
§
COUNTY OF � 3-Kr . ..- §
BEFORE ME, tj� undersigned authority, on this_ jay personally appeared
jp1,1 C. - (erne(( , as the (Yla oC
of 44e- (',Lk c
o- 4k- f-k , known to me to be person whose name is
subscribed to the fbregoing 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.
vol.
IVEN U DER MY HAND AND SEAL OF OFFICE this day of
ft al Lt' , A. D. 201 N .
UNDERGROUND EASEMENT AND RIGHT OF WAY FORM 50.3400 REV 2/1012009 PAGE 2
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EXHIBI "B" p k ••' 'cn # s
Notary Public in and for a State OVexas
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After recording, return to:
City of Southlake
Office of the City Secretary
1400 Main Street, Suite 270
Southlake, TX. 76092
UNDERGROUND EASEMENT AND RIGHT OF WAY FORM 50.3400 REV 210/2009 PAGE 3
•
MARY LOUISE GARCIA ' +.••,••
COUNTY CLERK '4 '
100 West Weatherford Fort Worth, TX 76196 -0401
%.L.1 ....... PHONE (817) 884 -1195
CITY OF SOUTHLAKE
1400 MAIN ST #310
SOUTHLAKE, TX 76092
Submitter: CITY OF SOUTHLAKE
DO NOT DESTROY
WARNING - THIS IS PART OF THE OFFICIAL RECORD.
Filed For Registration: 8/25/2014 3:38 PM
Instrument #: D214185293
ORD 9 PGS $44.00
D214185293
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.
CITY OF
SOUTHLAKE
City Secretary's Office
1400 Main Street I Suite 270 I Southlake, Texas 76092 I (p) 817- 748 -8015 I (f) 817 - 748 -8270
August 21, 2014
Tarrant County Clerk's Office
100 W. Weatherford
Fort Worth, TX 76196 -0401
Re: Document for Filing
To Whom It May Concern:
Please record the enclosed documents in the Tarrant County Clerk's Office. The
charges for the filing fees can be charged to the City of Southlake Escrow
Account. Please return the filed documents to:
City of Southlake
Attn: City Secretary's Office
1400 Main Street, Suite 270
Southlake, Texas 76092
Thank you for your assistance. If you have any questions, please contact me at
817- 748 -8015.
Sincerely,
Traci Riggs
Deputy City Secretary
Enclosures:
Charge Authorization Form
Ordinance No. 1097 granting a permanent utility easement at 450 Southlake Boulevard
integrity • Innovation • Accountability • Commitment to Excellence • Teams ork
; r_ p IIIL�F ����s'I��I 470
Mary Louise Garcia TARRANT COUNTY COURTHOUSE 100 W. WEATHERFORD
County Clerk Fort Worth Texas 76196 -0401
Charge Authorization
City of Southlake
#61
1400 Main Street Ste 310
Southlake TX 76092
817 -748 -8621 PH
817 -748 -8077 FX
Authorized Charger ��wCL 0.costc7Date 0
THIS FORM, SUBMITTED WITH YOUR DOCUMENTS, WILL BE ACCEPTED AS AUTHORIZATION TO CHARGE
YOUR ACCOUNT.
Receipt #:
Customer Signature:
ALTERED DOCUMENT WILL NOT BE ACCEPTED
Revised 01/01/11