Item 7BItem 7B
M E M O R A N D U M
(February 5, 2019)
To: Shana Yelverton, City Manager
From: Rob Cohen, Director of Public Works
Subject: Ordinance No. 1207, 1st Reading, adopt an ordinance to dedicate
an electrical easement to Oncor Electric on the Bicentennial
Elevated Storage Tank site.
Action
Requested: Ordinance No. 1207, 1st Reading, adopt an ordinance to dedicate
an electrical easement to Oncor Electric on the Bicentennial
Elevated Storage Tank site.
Background
Information: Oncor Electric is currently working to relocate existing overhead
electric lines along a portion of N. White Chapel Boulevard in
preparation for Phase II of the widening project from Emerald
Boulevard to Highland Street.
Oncor has identified the need to set an additional switchgear to
facilitate the relocation of their overhead lines in the vicinity of the
Bicentennial Elevated Storage Tank site. Unfortunately, the
existing easements on the residential lots north of the Bicentennial
site will not accommodate the proposed equipment. City staff
worked with Oncor to identify a location on the site that would not
hinder our operations. The proposed 10’ X 20’ (200 square foot)
easement will be located adjacent to the right of way, south of the
access drives.
Financial
Considerations: The dedication of this easement will be at no expense to the City.
Strategic Link: The dedication of this easement to Oncor Electric Delivery
Company links to the City’s strategy map relative to the focus area
of Mobility. The specific corporate objectives that are met by this
construction project is to (C2) Provide travel convenience within
City & region. The critical business outcome is to (CB05) Improve
quality of life through progressive implementation of Southlake’s
Comprehensive Plan recommendations.
Item 7B
Citizen Input/
Board Review: There has not been any Citizen Input or Board Review of this
proposed easement.
Legal Review: The proposed easement agreement is Oncor’s standard agreement
recently reviewed and approved by the City Attorney.
Alternatives: The Council may approve the dedication of this easement or deny
it.
Supporting
Documents: Ordinance No. 1207
Easement Agreement and Exhibits
Staff
Recommendation: Ordinance No. 1207, 1st Reading, adopt an ordinance to dedicate
an electrical easement to Oncor Electric on the Bicentennial
Elevated Storage Tank site.
Staff Contact: Rob Cohen, Director of Public Works
Kyle D. Hogue, P.E., Deputy Director/City Engineer
Ordinance No. 1207
1
ORDINANCE NO. 1207
AN ORDINANCE DEDICATING A PERMANENT ONCOR
ELECTRIC DELIVERY COMPANY EASEMENT FOR
PLACEMENT OF ELECTRICAL EQUIPMENT ON CITY OWNED
PROPERTY. BEING PART OF A TRACT OF LAND IN THE CITY
OF SOUTHLAKE, TARRANT COUNTY, TEXAS A PART OF THE
L.B.G. HALL SURVEY, ABSTRACT NO. 686, RECORDED IN
VOLUME 4928, PAGE 733, DEED RECORDS OF TARRANT
COUNTY, TEXAS; DECLARING THAT SUCH EASEMENT IS
NECESSARY FOR USE BY ONCOR ELECTRIC DELIVERY
COMPANY; 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 an Oncor Electric Delivery Company
Easement of 200 square feet, located in the City of Southlake, is necessary for installation
and maintenance of electrical equipment to be constructed to the benefit of the public and
dedicated to Oncor; and
WHEREAS, the City Council of the City of Southlake has determined that there is a
public need for a 10-foot by 20-foot permanent Oncor Electric Delivery Company
Easement on City owned property recorded in Volume 4928, Page 733, Deed Records of
Tarrant County, Texas.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SOUTHLAKE, TEXAS:
SECTION 1
A 200 square foot Oncor Electric Delivery Company Easement located in the
L.B.G. Hall Survey, Abstract No. 686 in the City of Southlake, more specifically
described in Volume 4928, Page 733, Deed Records of Tarrant County, Texas, more
particularly described in Exhibit A. The easement records attached hereto and
incorporated herein for all purposes and the easement is dedicated to Oncor Electric
Delivery Company in perpetuity.
Ordinance No. 1207
2
SECTION 2
The Mayor of the City of Southlake, Texas, is hereby authorized and empowered
to execute the aforementioned Oncor Electric Delivery Company Easement to permit the
placement of electrical equipment.
SECTION 3
A copy of the Oncor Electric Delivery Company 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.
Ordinance No. 1207
3
PASSED AND APPROVED ON FIRST READING ON THIS ____ DAY OF
__________________, 2019.
_____________________________
MAYOR
ATTEST:
______________________________
CITY SECRETARY
PASSED AND APPROVED ON SECOND READING ON THIS ____ DAY OF
_________________, 2019.
______________________________
MAYOR
ATTEST:
______________________________
CITY SECRETARY
EFFECTIVE:______________________________
APPROVED AS TO FORM AND LEGALITY:
_________________________________
CITY ATTORNEY
EASEMENT AND RIGHT OF WAY PAGE 1
PT #:_______________
District: Fort Worth
WR#:_______________
ER#:________________
EASEMENT AND RIGHT-OF-WAY
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TARRANT §
That CITY OF SOUTHLAKE, 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,
1616 Woodall Rogers Freeway, Dallas, Texas 75202-1234, hereinafter referred to as “Grantee”,
has granted, sold and conveyed and by these presents does grant, sell and convey unt o said
Grantee, their successors and assigns, an exclusive easement and right-of-way hereinafter
referred to as the Easement for underground electric supply, consisting of a variable number of
wires and cables, supporting structures, surface mounted equipment, conduits hereinafter
referred to as Facilities, and all necessary or desirable app urtenances over, under, through,
across, and upon Grantor’s land described as follows:
SEE EXHIBIT “A” ATTACHED (which is made part hereof)
Together with the right of ingress and egress over and upon said Easement and over and
across Grantor’s adjoining properties in a location or locations as reasonably designated by
Grantor 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
(provided, however, Grantee shall notify Grantor in advance of the activities intended to be
performed on the property; Grantor shall provide Grantee access to the property, which access
shall not be unreasonably denied; and Grantee shall not be required to provide advance notice
in the case of emergency); the right to prevent excavation within the Easement; the right to
prevent construction of, within the Easement, any and all buildings, structures or other
obstructions which, in the sole judgment of Gran tee, 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 or extending into said Easement, provided that
no overhead wires or cables shall be permitted, Grantee shall only trim or remove that portion of
said trees or shrubbery that is located within the Easement, 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. Neither party shall make changes in grade,
elevation or contour of the land or impound water within the Easement without prior written
consent of the other party.
EASEMENT AND RIGHT OF WAY PAGE 2
Grantee shall properly maintain such Easement during construction and at the conclusion
of such construction remove all construction debris and other materials from such Easement and
restore such Easement to the same condition it was prior to the commencement of Grantee’s
construction thereon. In no event shall Grantee install or maintain overhead electric lines or
other overhead wires or cables on the Easement property.
Grantor shall not be liable to Grantee for any damage to said Easement or Grantee’s
Facility or other contents thereof, except when caused by the willful misconduct of Grantor, its
agents, servants or employees. Grantor and Grantee each agree that if any claim or liability shall
arise from the joint or concurring negligence of both parties hereto, it shall be borne by them in
proportion to their negligence. It is understood that it is not the intention of the parties hereto
to create liability for the benefit of third parties but that this agreement shall be solely for the
benefit of the parties hereto, and nothing stated in this easement shall be deemed or construed
to be a waiver of Grantor’s governmental immunity or a waiver of any damage cap or limitation
provided by applicable law.
Grantee shall, at its own cost and expense, comply with all applicable laws, including but
not limited to existing zoning ordinances, governmental rules and regulations enacted or
promulgated by any governmental authority and shall promptly execute and fulfill all orders and
requirements imposed by such governmental authorities for the correction, prevention and
abatement of nuisances in or upon or connected with said Easement because of Grantee’s use
thereof.
Grantor reserves the right to use the land within the above described Easement for
purposes not inconsistent with Grantee’s use of such Easement, provide 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 unto the said Grantee, its
successors and assigns, until all of said electric lines shall be abandoned, and in that event said
Easement shall cease and all rights herein granted shall terminate and revert to Grantor or
Grantor’s heirs, successors or assigns; and Grantor hereby binds himself, his heirs, successors,
assigns, and legal representatives, to warrant and forever defend the above described Easement
until Grantee, its successors and assigns, against every person whomsoever lawfully claiming or
to claim the same or any part thereof when the claim is by, through or under Grantor, but not
otherwise.
EXECUTED this ___________ day of _____________________, A.D. 2018.
EASEMENT AND RIGHT OF WAY PAGE 3
GRANTOR: CITY OF SOUTHLAKE
By: ____________________________________
The Honorable Laura Hill, Mayor
APPROVED AS TO FORM AND LEGALITY
By: ____________________________________
City Attorney
GRANTEE:
Accepted by:
ONCOR ELECTRIC DELIVERY COMPANY LLC
By: ____________________________________
_____________________, Attorney-In-Fact
STATE OF TEXAS §
§
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day personally appeared Laura Hill, , the
Mayor of the CITY OF SOUTHLAKE, 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 stat ed and he/she
is authorized to do so.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this ___________ day of
_______________, A.D. 2018.
__________________________________________
Notary Public in and for the State of Texas
EASEMENT AND RIGHT OF WAY PAGE 4
STATE OF TEXAS §
§
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day personally appeared
__________________, as the Attorney-In-Fact of ONCOR ELECTRIC DELIVERY COMPANY LLC,
known to me to be the person whose name is subscribed to the foregoing inst rument 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. 2018.
__________________________________________
Notary Public in and for the State of Texas