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Item 4G - Easement Agreement and ExhibitPT #: 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. 2023. EASEMENT AND RIGHT OF WAY PAGE 2 GRANTOR: CITY OF SOUTHLAKE 0 The Honorable John Huffman, Mayor APPROVED AS TO FORM AND LEGALITY 21 City Attorney GRANTEE: Accepted by: ONCOR ELECTRIC DELIVERY COMPANY LLC in STATE OF TEXAS § COUNTY OF TARRANT § , Attorney -In -Fact 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. 2023. 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. 2023. Notary Public in and for the State of Texas EASEMENT AND RIGHT OF WAY PAGE 4 BICENTENNIAL PARK ADDITION N LOTS 1 & 2, BLOCK 1 INST. N. D220044872 0 100, 200' WATER EASEMENT TFU I IT] lmlmi�, - go IN go ro ®OM LANE IYONCOR ELECTRIC DELIVERY COMPANY, LLC EASEMENT 0.152 AC. *LEGEND* D.R.T.C.T. DEED RECORDS, TARRANT COUNTY, TEXAS * GENERAL NOTES * 1. See Sheet 2 and 3 for metes and bounds description. 2. See Sheet 2 and 3 for basis of bearings description. CITY OF SOUTHLAKE CAUSE! NO. 97-71551-2 DEMNA,-riON PROCEEDINGS JNTY COURT OF LAW NO. 2 F 20'x 20' —n L N 4 � i-7, 41, Y2" CAPPED IRON ROD SET X = 2381392.69 Y = 7028308.50 Exhibit "A" Oncor Electric Easement Southlake, Tarrant County, Texas EASEMENT LINE TABLE Line # Length Direction Ll 152.05 NOO' 09'07"W L2 20.00 N90'00'00"W L3 5.00 NOO' WOVE L4 86.43 89'59'30"W L5 3836 S60'27'27V L6 57,79 N89'59'30"W L7 54,01 N69* 21'21"W 1-8 157.25 N5459'27"W L9 69.20 N29'20'52"W LIO 116.92 N0I'39'02'W 1-11 20.00 N90'00'00"W L12 20.00 NOW OO'OWE L13 20.00 N90' OO'OO"E L14 10.00 SOO' 00'00"E L15 9,72 N90' 00'00"E L16 124.17 S0I'39'02"E L17 64.45 S29' 20'52"E L18 153.72 S54' 59'27"E L19 50.93 S69* 21'21 "E L20 53.33 S89'59'30"E L21 38.36 N60' 27'27"E L22 89,07 S89'59'30"E L23 500 NOW OO'OO"E 20-00 N90' WOVE 20.00 SOO' 00'00"E POINT OF BEGINNING X = 2381392.28 Y = 7028460.54 LOT 2, BLOCK I FIRST AMERICAN SAVINGS BANC ADDITION CAB. A, SLIDE 3433 P.R.T.C.T. Parkhill Issue: Date: Project No: Sheet: 05/22/2023 8125.21 1 OF of Southlake in Tarrant County, Texas, according to the plat filed in Instrument No. D220044872, Plat Records of Tarrant County, Texas (P.R.T.C.T.), and said 0.152 acre tract of land being more particularly described by metes and bounds as follows- 2J81382.88and Y= Iron Rod set mnthe northwest corner pfLot 2 Block 1of the FIRST AMER|CANSAVINGS BANC ADDITION according boCab. A,Slide %433 ofthe Plat Records ofTarrant (County, Texae(P.RJ[.CJ[.); THENCE North .O0degrees U9minutes U7seconds West, adistance of152.05feettothePO|WTOFBEG|NNDVG (X = 23D1392.28and Y=7U2g4G0.54)| THENCE 'West, adistance of2O.00feet tmocorner; THENCE North, adistmnoe ofS.UUfeet toa corner; THENCE North 89 degrees 59 minutes 30 seconds West, a distance of 86.43 feet to a corner; THENCE South 60 degrees 27 minutes 27 seconds West, a distance of 38.36 feet to a corner; THENCE North 8@degrees 5Aminutes 3Oseconds West, a distance of57.7Qfeet toocorner; THENCE North G9degrees 21minutes 21seconds West, adistance of54.01 feet tua corner; THENCE North 54 degrees 59 minutes 27 seconds West, a distance of 157.25 feet to a corner; THENCE North 29 degrees 20 minutes 52 seconds West, a distance of 69.20 feet to a corner; THENCE North 01 degrees 39 minutes 02 seconds West, a distance of 116.92 feet to a corner; THENCE West, adistance of20.UUfeet tnocorner; THENCE North, adistance of2O.DOfeet toecorner; THENCE East, o distance of'2V.O0feet toecorner; THENCE South, udistance of1O.n0feet tuucorner; THENCE East, adistance uf8.73feet toacorner; THENCE South 01 degrees 39 minutes 02 seconds East, a distance of 124.17 feet to a corner; THENCE South 2Adegrees 2Ominutes 52seconds East, odistance of64.45feet toacorner; THENCE South 54 degrees 59 minutes 27 seconds East, a distance of 153.72 feet to a corner; THENCE South 69 degrees 21 minutes 21 seconds East, a distance of 50.93 feet to a corner; THENCE South 89degrees SQminutes 3Oseconds East, adistance of5%.3Jfeet bmacorner; THENCE North 60 degrees 27 minutes 27 seconds East, a distance of 38.36 feet to a corner; 0"Incor Electric Easement Southlake, Tarrant County, Texas Parkh'1011 Issue: 3MI11111111 Date: Project No: 05/22/2U23 8125.21 2OF3 THENCE South 89degees 59minutes 30 seconds East, mdistance of 89.0feet toocorner; THENCE North, mdistance of5.00feet toocorner; THENCE East, ndistance of20^0Ofeet 0oacorner; THENCE South, a distance of 20.00 feet to the POINT OF BEGINNING, and containing 6618 square feet or 0.152 acres of land, more v,less. The bearings recited herein above are based on the Texas Coordinate System, North Central Zone, NAD83. Surveyed onthe ground iothe month ofMarch, 2O23. 1, Larry D. Stone, a Registered Professional Land Surveyor in the State of Texas, hearby certify that the land description and easement map represent an actual survey made on the ground under my supervision. 5/22/2O23 Larry Di Stone TBPLS Firm No. 1019401;1