Loading...
Item 6C - Attachment B - Easement Agreement and ExhibitTHE 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: 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 ordinances, 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 BEFORE ME, the undersigned authority, nnthis day personally appeared ShanaYelverton,the City Manager nfthe CITY OF SOUT0LAKE TEXAS, known tonnetobethe 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 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, againsteverypersonvxhonmsoever|axxfu|k/dainningortpdainmthe same or any part thereof when the claim is by, through or under Grantor, but not otherwise. EXECUTED this day of ,A.D.2O23 By: ShanaYekxertnn,City Manager APPROVED AS TO FORM AND LEGALITY By: City Attorney GRANTEE: Accepted by: Brennan Sebastian, Sr. Director of ROW & Business Development STATE OFTEXAS COU NTY OF TARRANT BEFORE ME, t undersigned authdrity, on this day personally appeared . 1 � the fro of TRI-COUNT' 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 i , A.D. 2023 t4vexlti,, SHELBY SUE POLVADOE z Notary Public, State of Texas Comm. Expires d7-02-2Q25 r „aw, Notary ID 12s47;3126 Notary Public in a d for the State of Texas r �', TRINITY RIVER AUTHORITY OF TEXAS L4 12'Tri-County Electric Easement Lot 30 ROW Dedication Cabinet A, 81ide 6045 PRTCT Vock 1 Existing (Pk) RO arW Line Muz LINE No. LINE TABLE LENGTH BEARING Ll 59.93 S26-02'27"E L2 L3 12.00 67.12 S48*03'03"W N26*02'27"W L4 13.31 1 N89*34'02"E S GRAPHIC SCALE =50' al 11 50 0 50 100 zm Barron -Stark Exhibit A PROW Mm 471-102M E, Eno.— DATE 6221 Southwest Boulevard, Suite 100 Tri-County Electric Easement SHEEr M FortWorth,JWTew is 76132 (0) 817 1417.231.81" 231,8 (F) Texas Registered E'gi"ng T—RegsitidS.-YR-11015MG0 I of 2 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 260 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 390 40' 13" East a distance of 193.76 feet from which a wood fence post bears 10.00 feet, North 48' 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 480 03' 03" West a distance of 12.00 feet; Thence North 410 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 89' 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" m�RF' CO ROGER W HAR ' - % q 4484 USE OF THIS ELECTRONIC SEAL/SIGNATUREn"$fURV AUTHORIZED BY ROGER W. HART, R.P.L.S. TEXAS REGISTRATION NO. 4484 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). LLI Barron•StaHc Exhibit A g Engineers Y`r IFort cwa 4 I 6221 S uthw t Boulevard, Suite 100 Worth, Texas 76132 (0) 817231, B100 (F) 817.231.8144 T 1 ri County Electric Ease e''lt jj Te. Reg [eyed E pneedrg F— F-1 M8 Texas R gist d Survey F­ F-10158800 mO J ,„1. ,nvw.barronstark.Com PRQIECr N. 471-10204 DATE: