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Item 6BCITY OF SOUTHLAKE MEMORANDUM (February 19, 2019) To: Shana Yelverton, City Manager From: Rob Cohen, Director of Public Works Item 6B Subject: Ordinance No. 1207, 2nd Reading, adopt an ordinance to dedicate an electrical easement to Oncor Electric on the Bicentennial Elevated Storage Tank site. Action Requested: Ordinance No. 1207, 2nd 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 6B 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, 2nd 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 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. 1 Ordinance No. 1207 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. 2 Ordinance No. 1207 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 3 PT #: District: Fort Worth W R#: 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 unto 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 appurtenances 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 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 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 1 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 2 GRANTOR: CITY OF SOUTHLAKE -32 The Honorable Laura Hill, Mayor APPROVED AS TO FORM AND LEGALITY City Attorney GRANTEE: Accepted by: ONCOR ELECTRIC DELIVERY COMPANY LLC 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 stated 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 3 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 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. 2018. Notary Public in and for the State of Texas EASEMENT AND RIGHT OF WAY PAGE 4 GREEN OAKS LANE LOT 13 BOOK 2 1, OAK HILL ESTATES 1 CAB. A, SUDE 683, P.R.T.C. LOT 12 LOT 11 S 89'31'25" W L.B.G. HALL SURVEY ABSTRACT NO. 686 CITY OF SOUTHLAKE VOL. --4928, PG. 733 LOT 9 LOT 10 SCALE: 1" = 100' rv. i o I I PROPOSED STREET, DRAINAGE, UTILIY EASEMENT C I I BEARING BASIS: THE SOUTH LINE OF OAK HILL ESTATES ADDITION PER PLAT RECORDED IN CABINET A. SLIDE 683, P.R.T.C.T.. I CM = CONTROLLING MONUMENT ' TANGENT BEARING LENGTH Ti S 00'02'21" E 20.00' T2 S 89'57'39" W 10.00' T3 N 00'02'21" W 20.00' T4 N 89'57'39" E 10.00' O = 1/2" IRON ROD WITH RED "CORNERSTONE INC" CAP SET I ....DANIEL M. WARD .. •.x...590 .... 8 ' (� / O ' Pn SAN SABA DRIVE 1/2 -IRON ROD W/ YELLOW CAP FOUND (CM) POINT OF BEGINNING o LOT 1 Lo MISSION HILL ESTATES N VOL. 388-163, PG. 88, P.R.T.C.T. R'' WM. HALL SURVEY N ABSTRACT NO. 687 N O 0 0 1 /2" IRON ROD W/ YELLOW CAP FOUND (CM) EXHIBIT "A" ONCOR ELECTRIC DELIVERY CO. EASEMENT CORNERSTONE SURVEYING, INC 200 WEST MARSHALL P.0 BOX 699, PALMER, TEXAS 75152 TEL. (972) 845-2505 - FAX. (972) 845-2455 FIRM NO. 100215-00 PAGE 2 OF 2