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A-481 (1F) CLnr ~ < District: Metro West WR #: 2922120 ER# N. Carroll @ E. Highland EASEMENT AND RIGHT OF WAY STATE OF TEXAS ~ ~ ~ KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT That CARROLL INDEPENDENT SCHOOL DISTRICT, hereinafter called "Grantor", whether one or 'more,-rorand in consideration of Ten Dollars ($10.00) and ~.t:ltr v.:~~able consideration to Grantor in hand paid by Oncor Electric Delivery Company LLC, a Delaware limited liability company, 1601 Bryan Street, 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, its successors and assigns, an easement and right-of-way for overhead and/or underground electric supply and communications facilities, consisting of a variable number of wires and cables, supporting structures, surface mounted equipment, conduits and all necessary or desirable appurtenances over, under, through, 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 described above, 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. 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 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. Grantor reserves the right to use the land within the above described easement area for purposes not inconsistent witliGrantee's use of such property, provided such use shall not, in the sole judgment of Grantee, interfere with the exercise by 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 heirs, successors or 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. " . .. EXECUTED this g -t! day ot ~~ ",:,(r-J ' 20 " (' . CARROLL INDEPENDENT SCHOOL DISTRICT By: fJ f~ L~ fj e vc: V, c: ff7 f A-d~, S e\,"v:<" eJ Name Title: A fA. s ~,P+ . STATE OF TEXAS 9 9 9 COUNTY OF DALLAS BEFORE M~,. the undersigned authority, on this day personally appeared ])e r~ I( r.. i f~ ' known to me to be the person whose name is subscribed to the oregQing instrumentand acknowledged to me that he/she executed the same as the act and eed of (la. rrtJ LL -I--SD ' as the ,. c> f.A)6 thereof, forthe purposes and consideration therein expressed, in the c pa ty therein stat and thai he/she is authorized to do so. gtR ;a GIVEN UNDER MY HAND AND SEAL OF O~rE this ... flua. YJ ' A.D. 20 . day of JIdd te of Texas ld~ ~..~.~rj ~~:~:~~~ HILDA S. JANBAZ MY COMMISSION EXPIRES November 18, 2010 ... <t .... '-It I- m - :I: >< W . en . l- . Z . . Q) - m o en CJ) W . 0: ~ r-tL~:rW ZOr-LL~ W"---O> ~IW > Wo:~~O ~OLL_~ W+LOC/) .. t-L- o W-O ~ ..J ~ C/) / : r- G CJ) I I Z W: CJ - ~ I _ ~ 0 I ~ a: a...: 0 <( 0 I 0: I <( a. 0 I :::> t- 0: CJ a: $\: C\J o ~ / I~ J z 1 ..-I ..-I o 0: 0: <( o z - o ~ ~ +-''''0 O~ C co C/) > .- 0) :!:::..e . +-' +-' 0 C+-, 0) Q) E"'O 0) co ~ E Q) C/) 0):;:: ..e C +-' Q) o E C2 o co .- +-' co CJ) o 0 Oz 0) . +-' ~ ro- E 6 'x CJ) o Q) ~ 0 o.c 0.0) ro ~ 0)2 ..e 0) +-' ~ $ Q) o ~ ..eco CJ) C ~$ =0 ro..e .;:: C/) o C/) +-' - 0- .- co o.() o . +-'~ CJ) Q) .- > - ~ ?::: ::J .0 C/) ..e - >< co W2 :: 0 CJ) co E c +-' co - o C/) . +-,coC/) C "'0 ro 2 Q) 0 C "'0 Q) .- C C/) 0) Q) Q) ..e+-'..e I-- .~ +-' ........... CJ) --- ~ o +-' C ro ~ (!) ~ AGREEMENT FOR STREET LIGHTING SERVICE SUPPLEMENT NUMBER City of Southlake, Texas ("City") and Oncor Electric Delivery ("Company") City requests and authorizes Company to provide street lighting as follows below and on sketches) attached hereto and made a part hereof. Actions: Addition X Removal Action Quantity Wattage Light Rate Schedule! Identifying Location Address, etc.) Source Group LuminaireIPole Type (See Attached Sketch) A 1 200 BPS All Open 1301 N Carroll BottomfW ood 3878364/3660749 A 1 200 BPS N1 9pen 1301 N Carroll : -" BottomfWood 3878368/3660622 Under these additional conditions (if any) EXHIBIT A (CONTINUED ON BACK) 1. City agrees to pay Company $0.00 in consideration of Company's agreement to install said street lights and understands that no construction work will beginuntilafteLCompany_has received full payment. 2. Company agrees to install, own, operate and maintain said street lights in accordance with its street lighting agreement with customer. However, if City or Developer fails to pay, on demand, the amount indicated above, this supplemental agreement is automatically terminated. 3. All parties agree that Company will retain for its use and benefit the payment received hereunder in consideration of its obligation to install said street lights and that Company at all times has title to, and complete ownership and control of, said street lights. 4. Company is not liable for loss or injury caused by delay or failure to install the electric facilities necessary to serve customer because of delay in receiving shipment of required material, orders or formal request of govemmentaUigericies', acts of God or the public enemy, inevitable accidents, fire, explosions, strikes, riots, war, or any other causes reasonably beyond control ofthe Company. If Company is prevented from installing such electric facilities by any ofthe above causes, Company agrees to return to City or Developer, without interest, the entire amount of City or Developer's payment, there~'"";rminating this supplement and Company's obligation to provide the electric facilities described he~t~ ~ 5. This agreement is entered into subject to the terms of the A~~t ~ ~treet Lighting Service between City and Company dated 11/29/07. ~H SIGNATURE ~~TEcT TITLE f 7J08 DATE SIGNED ACCEPTED BY DEVELOPER (if applicable) ACCEPTED BY COMP ~ SIGNATURE Df ~ t) u.:t DATE SIGNED DATE SIGNED -07 WR #2922120