Kirkwood Hollow, Phase II (Lot 30, Block 1) - Tri-County Electric Easement Ordinance No. 1275
ORDINANCE NO. 1275
AN ORDINANCE DEDICATING A PERMANENT EASEMENT TO
TRI-COUNTY ELECTRIC COOPERATIVE, INC, FOR
PLACEMENT OF ELECTRICAL EQUIPMENT ON CITY OWNED
PROPERTY DESCRIBED AS BEING PART OF A TRACT OF
LAND IN THE CITY OF SOUTHLAKE, TARRANT COUNTY,
TEXAS, A PART OF LOT 30, BLOCK 1, KIRKWOOD HOLLOW,
PHASE II, RECORDED IN CABINET A, SLIDE 6045, PLAT
RECORDS OF TARRANT COUNTY, TEXAS; DECLARING THAT
SUCH EASEMENT IS NECESSARY FOR USE BY TRI-COUNTY
ELECTRIC COOPERATIVE, INC; AUTHORIZING THE MAYOR
TO EXECUTE THE EASEMENT DEDICATION DOCUMENTS;
PROVIDING A SEVERABILTY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Southlake, Texas ("City") is a home rule city acting
under its power adopted by the electorate pursuant to Article XL Section 5 of the Texas
Constitution and Chapter 9 of the Local Government Code; and
WHEREAS, the City Council of the City, after careful study and consideration,
has determined that granting a permanent easement to Tri-County Electric Cooperative,
Inc. (the "Tri-County Easement") of 0.124 acres, 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
WHEREAS, the City Council of the City has determined that there is a public
need for a 0.124 acre permanent Tri-County Easement on City-owned property recorded
in Cabinet A, Slide 6045, Plat Records of Tarrant County, Texas (P.R.T.C.T.).
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF SOUTHLAKE, TEXAS,THAT:
SECTION 1
The City Council approves dedicating a 0.124 acre Tri-County Easement located
in the R.D. Price Survey, Abstract No. 1207 in the City of Southlake, Tarrant County,
Texas and being out of a tract of land within the plat of the Kirkwood Hollow, Phase II
Addition, Lots 30, Block 1 in the City of Southlake in Tarrant County, Texas, according
to the plat filed in Cabinet A, Slide 6045, Plat Records of Tarrant County, Texas
(P.R.T.C.T.), and said 0.124 acre tract of land being more particularly described by metes
and bounds in Exhibit "A." The easement records, dedicating the Tri-County Easement
to Tri-County Electric Cooperative, Inc. in perpetuity, are attached hereto and
incorporated herein as Exhibit A.
SECTION 2
Page 1
Ordinance No. 1275
The Mayor of the City is hereby authorized and empowered to execute the
aforementioned Tri-County Easement to permit the placement of electrical equipment.
SECTION 3
A copy of the Tri-County 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 is so
ordained.
PASSED AND APPROVED ON FIRST READING ON THIS I54=` DAY OF
, 2023.
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Page 2
Ordinance No. 1275
PASSED AND APPROVED ON SECOND READING ON THIS 1 DAY OF
Oe QkAAA..t1-Cr- ,2023.
4Y ,R
ATTEST:
CITY ARY of'
1
EFFECTIVE: '1 `51 727 '
��``APPROVED AS TO FORM AND LEGALITY: ''''0om** oc
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CITY ATTORNEY
Page 3
EASEMENT AND RIGHT-OF-WAY
THE STATE OF TEXAS
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OFTARRANT §
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 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 §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day personally appeared Shana Yelverton, the
City Manager of the CITY OF SOUTHIAKE,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 14,1 jtr,A.D. 2023
AMY SHELLEY
; !PUB�.
%�^1 Notary Public, State of Texas
9. *� Comm. Expires 12-02-2023 —��•
Notary ID 12476110-5 Notaryy
lic n 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 C day of6(1)10... rJt-( ,A.D. 2023
GRANTOR: CITY OF SOUTH LAKE
C � \`�I111111//��
a :e ' `HLAKA- io
Shana Yelve n, City Mart3�tr.: y
APPROVED AS TO FORM AND LEGALIt(�
v
By: ( �12�&
City Attorney
GRANTEE:
Accepted by:
TRI-COUNTY ELECTRIC COOPERATIVE, INC
By:
Brennan Sebastian,Sr. Director of
ROW&Business Development
STATE OF TEXAS §
§
COUNTY OFTARRANT §
BEFORE ME, t .9 b
undersignedauthority, on this day personally appeared -nP S e. e,/g�„ ,,,�
arei►lY1G�'j bd"st,`Qn , theSci• b iGc-1c Pek) Q 6° of TRI-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 lSz day of TO , A.D. 2023
I ,,�� 7*,; SHELBY SUE POLVADORE
r°�' �cNotary Public, State of Texas
%'• = Expires
•.,,.•+ Comm.= 07-02-2025
°' flF„�"' Notary !D 129478126 Notary Public in a d for the State of Texas
EXHIBIT A
TRINITY RIVER Point of Beginning LINE TABLE
AUTHORITY OF
TEXAS
L4 A \ LINE No. LENGTH BEARING
\ L1 59.93 S26°02'27"E
1.10100
�� \. L2 12.00 S48°03'03"W
VeroROW Dedication L3 67.12 N26°02'27"W
�� woolio. O Cabinet A, Slide 6045
PRTCT \ L4 13.31 N89°34'02"E
i s
01101 0,
�- 'VIII
1/
12' Tri-County 'L����� %�1`
Electric Easement `�° - - \
Lot 30 9 go ��6
Block 1 Existing �L \
(Park) cv
ROW Line ,`
�► ' \
r��s �\
N �; \�
6-. 000.'i �\
8 11 Si. �9j,,
W -'--i ► E 77• \
N ifs \
,---..._,,,\ .
I ..... ......
SLi
W GRAPHIC SCALE 1"=50' icy,
ei
50 0 50 100
5
--5 D PROJECT No. 471-10204
Barron•Stark Exhibit A
▪{ Engineers OATS 07/06/2023
i g 6221 S°ulhwes1 Boulevard,Stare 100 ' WIT
w m_, 'TT
8Worth, 0Texa81l.27 L91 2 Tri-County Electric Easement
Tens Reg°;ere°-1°4:r'.rg F F-10998 1 of 2
N LL Texas,
Surve Regslere° t Finn F-10158800
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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 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 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;
g Thence North 89° 34' 02" East a distance of 13.31 feet along the north line of Lot 30 to the
3 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
a an actual, on the ground, survey
made under my personal
supervision in June, 2023 ��...o. T .
f RI
. - y ROGER W.HART - NOTE.
07/06/2023 4484 r; 1 )BEARINGS&COORDINATES SHOWN HEREON ARE
;oF p":Q _ REFERENCED TO THE TEXAS STATE PLANE
USE OF THIS ELECTRONIC SEAL/SIGNATURE 9 y9 S U R\J- - CEENCOORDINATE SYSTEM,TRAL ZONE 4202), N.A.D.83 DATUM(TEXAS NORTH
AUTHORIZED BY ROGER W, HART, R.PLS. .
TEXAS REGISTRATION NO. 448h
0
5d'aS PROJECT No. 471-10204
Barron•Stark Exhibit A
& En ' OATS 07/06/2023
E3 FortWNbh, BTexartl,S76 32 Tri-County Electric Easement 00
SHEET
w z Fort Worth, Texas �6132
LAJ T Fte23t 8100 (F)917,271.0908 O
ebe Reg6'erad&gree y Fmm F-10459
y Texas SWYey,tiro F,U158800
LL .6arronstark,Corn