Item 4FItem 4F
M E M O R A N D U M
(May 1, 2018)
To: Shana Yelverton, City Manager
From: Rob Cohen, Director of Public Works
Subject: Ordinance No. 1193, 1st Reading, Adopt ordinance to dedicate
a permanent underground electric easement to Tri-County
Electric Cooperative, Inc. on a tract of land situated in the
L.B.G. Hall Survey, Abstract No. 686, in the City of Southlake
also known as Bicentennial Park.
Action
Requested: Ordinance No. 1193, 1st Reading, Adopt ordinance to dedicate a
permanent underground electric easement to Tri -County Electric
Cooperative, Inc. on a tract of land situated in the L.B.G. Hall
Survey, Abstract No. 686, in the City of Southlake also known as
Bicentennial Park.
Background
Information: The purpose of this item is to dedicate a permanent easement to
allow Tri -County Electric Cooperative, Inc. (TCEC) to provide
primary power to The Champions Club. The City’s contractor is
installing the necessary conduit within said easement from Shady
Oaks Drive to the proposed building. TCEC will be responsible for
pulling necessary cable, connecting to existing facilities, as well as
setting and energizing the transformer. The easement will be
dedicated by separate instrument document which will be filed for
record with Tarrant County.
Financial
Considerations: Funding for the development and filing of this easement has been
allocated within the Community Enhancement & Development
Corporation Fund for the Champions Club.
Strategic Link: This ordinance links to the C ity’s strategy map relative to focus area
of Quality Development. The specific corporate objectives that are
met with this easement are to (C 3) Provide attractive & unique
spaces for enjoyment of personal interests and to (B2) Collaborate
with select partners to implement service solutions .
Item 4F
Page 2 of 2
Citizen Input/
Board Review: N/A
Legal Review: The proposed easement language has been reviewed and
approved by the City Attorney.
Alternatives: The Council can approve the ordinance or deny it.
Supporting
Documents: Location Map
Easement Documents
Staff
Recommendation: Ordinance No. 1193, 1st Reading, Adopt ordinance to dedicate a
permanent underground electric easement to Tri -County Electric
Cooperative, Inc. on a tract of land situated in the L.B.G. Hall
Survey, Abstract No. 686, in the City of Southlake also known as
Bicentennial Park.
Staff Contact: Rob Cohen, Director of Public Works
Kyle D. Hogue, P.E., Deputy Director/City Engineer
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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
Tarrant 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):
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.
Blanket Easement. The EASEMENT PROPERTY is a tract of land described as follows (check one):
Platted Property .
Lot(s) _____________, in Block_________, _________________________Addition, an addition in the city
of ______________________________________, (cross out “City of” if property is not within city limits),
______________________County, Texas, according to the map or plat thereof recorded in the Plat Records
of such county.
Unplatted Property . ___________acres of land, more or less, out of the _____________________________
Survey, Abstract No. _______________________ in ________________________ County, Texas, as more
fully described in an instrument recorded in Volume__________, Page________ of the _______________
Records of_____________________ County, Texas.
For blanket easements, upon location by GRANTEE of its transmission/distribution lines, poles and/or
other facilities on said property, the EASEMENT PROPERTY shall be limited to that portion of the
property within _____feet in all directions of GRANTEE’S lines, cables , transformers , equipment pads,
manholes, switchgears, vaults, subsurface boxes, conduits, ducts, co nductors, and appurtenances , or other
facilities on the tract of land described above.
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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 numb er 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 w ith
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, reconstitutin g,
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 egr ess 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
exist ing 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 EASEMENT PROPERTY.
OWNERSHIP: GRANTOR agrees that all wires, cables, circuits, appurtenances, facilities, appliances an d 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.
ASSIGNMENT AND MISCELLANEOUS : This instrument, and the terms and conditions contained herein, shall inure to the
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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 or any part thereof.
GRANTOR : ____________________________________________________________________
SIGNATURE
____________________________________________________________________
PRINT NAME
____________________________________________________________________
TITLE
ACKNOWLEDGEMENT
STATE OF TEXAS
COUNTY OF __________________________
This instrument was acknowledged before me on this _____ day of ________________, 2 0___, by
___________________________________, ___________________________________ of
___________________________________, known to me to be the person(s) whose name(s) is/are
Subscribed to the foregoing instrument , and acknowledged that ______ executed the same for the purposes
and consideration therein expressed.
_________________________________________________
Notary Public, State of Texas
My Commission Expires:
After Recording, Return this Document to:
Tri-County Electric Cooperative, Inc.
600 N.W. Parkway
Azle, Texas 76020