Item 7B - Attachment B Easement Agreement and ExhibitEASEMENT AND RIGHT-OF-WAY
THE STATE OFTEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTYOFTARRANT §
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 TRI-COUNTY ELECTRIC COOPERATIVE, INC, a Texas corporation, 600 NW Parkway,
Azle, Texas 76020, 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 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, that, except in the case of an emergency, Grantee shall notify Grantor in
advance of the activities of Grantee intended to be performed on the Easement and Grantor shall
provide with access to the Easement, such access not to be unreasonably denied); 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, 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.
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.
Grantor acknowledges that all poles, wires, transformers and other facilities installed by
Grantee shall remain the property of Grantee.
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, representatives or employees. Grantor and Grantee each agree that if any claim of
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 ordinance , governmental rule 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 with the above described Easement for
purposes not inconsistent with Grantee's use of such Easement, provide use shall not, in the sole
judgment of the Grantee interfere with the exercise by the Grantee of the rights hereby granted.
If the location of the Easement ever interferes with Grantor's or another requesting
party's use of its property, Grantor may request that Grantee relocate the Facilities, at the sole
cost and expense of Grantor or the requesting party, as applicable, to another location on
Grantor's property, reasonably acceptable to Grantee and Grantor and suitable for Grantee's
purpose, whereupon a new right-of-way instrument across said property will be substituted for
the right-of-way herein granted, such new right-of-way to documented by an appropriate
amendment or an appropriate new right-of-way instrument.
TO HAVE AND TO HOLD the above described Easement unto the said Grantee, its success
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
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, on this day personally appeared Shana Yelverton, the
City Manager 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
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
GRANTOR: CITY OF SOUTHLAKE
By:
Shana Yelverton, City Manager
APPROVED AS TO FORM AND LEGALITY
BY: —�
City Attorney
GRANTEE:
Accepted by:
TRI-COUNTY ELECTRIC COOPERATIVE, INC
By:
Brennan Sebastian, Sr. Director of
ROW & Business Development
STATE OFTEXAS
COU NTY OF TARRANT
BEFORE ME, t undersigned authority, on this day personally appeared �,,a$ F "' &j&p� �
,theS(-• ii 60 ofTRl-COUNTY
ELECTRIC COOPERATIVE, INC, 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
EE..
ry P SUE tote of exa ary Public, State of Texasmm. ExPires 07-02-2025otary ID 129478126 Notary Public in a d for the State of Texas
EXHIBIT A
wo
-2
TRINITY RIVER
AUTHORITY OF
TEXAS
L4
Point of Beginning
r
ROW Deification
Cabinet A, Slide 6045
PRTCT
12' Tri-County
Electric Easement
Lot 30
Block 1
(Park)
Existing
ROW Line
N
W_44►E
T
S
GRAPHIC SCALE 111=50'
50 0 50 100
D
Barron -Stark
Engineers
6221 SoWhw l Boulevard, Suite 100
y Fort Worth, Texas 76132
jj (0) 817231 8100 (F) 817.231.81"
$ Texas Registered Byneenng Fm F-10998
xa Tes R". amd S my Firm F-10158800
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LINE TABLE
LINE No.
LENGTH
BEARING
L1
59.93
S26°02'27"E
L2
12.00
S48°03'03"W
L3
67.12
N26°02'27"W
L4
13.31
N89°34'02"E
�6'
C,
Q,
sue_,
Exhibit A
Tri-County Electric Easement
PROJECT No. 471-102"
DAM 07/06/2M
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Legal Description
Description for a twelve feet (12') wide Tri-County Electric Easement, and being a portion of
Lot 30, Block 1, Kirkwood Hollow, Phase II, an addition to the City of Southlake, Tarrant
County, Texas, according to the plat recorded in Cabinet A, Slide 6045, Plat Records,
Tarrant County, Texas, and being described by metes and bounds as follows:
Beginning at the northeast corner of Lot 30, in the southwesterly line of North White Chapel
Boulevard as dedicated in Cabinet A, Slide 6045, from which a 5/8" iron rod with cap
stamped, "HUITT ZOLLARS" bears 11.12 feet, North 89' 34' 02" East, said Point of
Beginning having NAD 83, Zone 4202 (Grid) coordinate value of North = 7,043,116.75 feet,
and East = 2,380,331.99 feet, for reference.
Thence the following courses and distances along the southwesterly line of North White
Chapel Boulevard as dedicated in Cabinet A, Slide 6045, and the northeasterly line
of Lot 30:
South 26' 02' 27" East a distance of 59.93 feet from which a 5/8" iron
rod found bears 10.01 feet, North 57' 08' 44" East;
South 39' 40' 13" East a distance of 193.76 feet from which a wood
fence post bears 10.00 feet, North 480 04' 39" East;
South 41 ° 56' 14" East a distance of 191.90 feet to a point from which a
5/8" iron rod found with cap stamped "HUITT ZOLLARS" bears
South 41 ° 56' 14" East a distance of 130.47 feet;
Thence South 48' 03' 03" West a distance of 12.00 feet;
Thence North 41 ° 56' 14" West a distance of 192.34 feet;
Thence North 39' 40' 05" West a distance of 195.24 feet
Thence North 26" 02' 27" West a distance of 67.12 feet to the north line of Lot 30;
Thence North 890 34' 02" East a distance of 13.31 feet along the north line of Lot 30 to the
Point of Beginning, said described tract containing 5,402 square feet of land.
I, Roger W. Hart, hereby certify
that this Plat was prepared from
an actual, on the ground, survey
made under my personal
supervision in June, 2023
USE OF THIS ELECTRONIC SEALJSIGNATURE
AUTHORIZED BY ROGER W. HART, R.P.L.S.
E TEXAS REGISTR TION NO, aa8a
0
Barron -Stark
Engineers
6221 Southwest Boulevard, Suite 100
Fort Worth, TeyaS 76132
(0) 817231 B1W (F) 817.231.8144
Terris Regm[ d E pneedrg Fmm F-1 M8
TeMS Registered Survey Fmm F-10158800
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i�w�ROGER W.�HART e.,.
..z.`.q..., ,,.:,
4484:. .
..S�UR�e �
NOTE:
1 ) BEARINGS & COORDINATES SHOWN HEREON ARE
REFERENCED TO THE TEXAS STATE PLANE
COORDINATE SYSTEM, N.A.D. 83 DATUM (TEXAS NORTH
CENTRAL ZONE 4202).
Exhibit A
Tri-County Electric Easement
PRQIECr N. 471-10204
DATE:
SHM
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