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Item 6ACITY OF SOUTH LAKE MEMORANDUM (June 2, 2009) To: Shana Yelverton, City Manager From: Jim Blagg, Deputy City Manager /DPS Director Robert H. Price, P.E., Director of Public Works Subject: Ordinance No. 956, 2nd Reading, Dedicating an easement on City owned property at 600 State Street for the purpose of providing electrical service to the new DPS Headquarters site Action Requested: Ordinance No. 956, 2nd Reading, Dedicating an easement on City owned property at 600 State Street for the purpose of providing electrical service to the new DPS Headquarters site. Background Information: The new DPS Headquarters building is currently under construction. In order to provide electrical service to the Headquarters, Oncor Electric Delivery Company is requesting an easement and right -of- way on the City owned property. The easement will contain a pad mounted transformer and the required wiring, cables and appurtenances to deliver electric service to the new facility. The Southlake City Charter, section 3.11(7), requires an ordinance to "Convey, lease or authorize the conveyance or lease of any lands of the city. " Financial Considerations: N/A Strategic Link: The construction of the DPS Headquarters at 600 State Street links to the City's strategy map relative to the focus area of Quality Development. The specific corporate objective that is met by this construction project include: Investing to Provide High Quality Public Assets. Citizen Input/ Board Review: N/A Legal Review: The easement /right -of -way agreement has been reviewed by the City Attorney's office. Alternatives: The City Council may approve or deny the ordinance. Supporting Documents: Location Map Ordinance 956 Easement Documents Staff Recommendation: Ordinance No. 956, 2nd Reading, Dedicating an easement on City owned property at 600 State Street for the purpose of providing electrical service to the new DPS Headquarters site. Staff Contact: Jim Blagg, Deputy City Manager /DPS Director Robert H. Price, P.E., Public Works Director Gordon J. Mayer, Jr., P.E., City Engineer Michael James, P.E., Civil Engineer P r i ` + r " � r 1 - . 1 ! Y _ I •, L L C D LLl ice: i l� y II f I tibbr....rss : r _ ORDINANCE NO. 956 AN ORDINANCE DEDICATING A PERMANENT EASEMENT AND RIGHT -OF- WAY UPON AND ACROSS A PORTION OF CITY OWNED PROPERTY AT 600 STATE STREET DESCRIBED AS LOT 1R, RICHARD EADS NO. 481 ADDITION (CABINET A, SLIDE 12195, P.R.T.C.T.) IN THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS; DECLARING THAT SUCH EASEMENT IS NECESSARY FOR USE BY THE PUBLIC; AUTHORIZING THE MAYOR TO EXECUTE THE EASEMENT DEDICATION DOCUMENTS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule city acting under its charter 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 has determined that the design for the Department of public Safety headquarters project at 600 State Street, Lot 1R, Richard Eads No. 481 Addition (Cabinet A, Slide 12195, P.R.T.C.T.) demonstrates a need to construct a pad mounted transformer and associated appurtenances to provide electric service to City owned property; and WHEREAS, the electric service equipment line will be constructed to the benefit of the public; and WHEREAS, the City Council of the City of Southlake has determined that there is a public need for an easement and right -of -way upon and across City owned property at 600 State Street, Lot 1R, Richard Eads No. 481 Addition (Cabinet A, Slide 12195, P.R.T.C.T.); and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1 The City of Southlake grants a Permanent Easement and Right -of -Way in the portion of Lot 1R, Richard Eads No. 481 Addition (Cabinet A, Slide 12195, P.R.T.C.T.) to Oncor Electric Delivery Company, LLC, more specifically shown in Exhibit "A" attached hereto and incorporated herein for all purposes and the easement is dedicated to the public in perpetuity. SECTION 2 The Mayor of the City of Southlake, Texas is hereby authorized and empowered to execute the aforementioned Permanent Waterline Easement. SECTION 3 A copy of the Permanent Easement and Right -of -Way 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 6 This Ordinance shall be in full force and effect from and after its passage, and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS DAY OF 2009. MAYOR JOHN TERRELL ATTEST: CITY SECRETARY /LORI PAYNE PASSED AND APPROVED ON SECOND READING ON THIS DAY OF 2009. MAYOR JOHN TERRELL ATTEST: CITY SECRETARY /LORI PAYNE APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY District: HEB WR #: 2956663 ER #: EASEMENT AND RIGHT OF WAY THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT § That THE CITY OF SOUTHLAKE, a home rule municipal corporation of the County of Tarrant, State of Texas, 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, located at 1601 Bryan St., Dallas, Texas, 75201, 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 easement and right -of -way for underground electric supply and communications lines, consisting of a variable number of wires and cables, surface mounted equipment, conduits, manholes, vaults, transformers, switches, protection, sectionalizing devices and all necessary or desirable appurtenances over, under, across and upon Grantor's land described as follows: SEE EXHIBITS "A" AND "B" ATTACHED Notwithstanding any provision of this easement to the contrary, overhead lines will not be perm itted. Together with the right of ingress and egress along and upon said easement and right -of -way and over and across Grantor's adjoining properties 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; the right to relocate said facilities in the same relative direction of said facilities; the right to relocate said facilities in the same relative position to any adjacent road if and as such road is widened in the future; the right to lease wire space for the purpose of permitting others to string or lay wire or cable along said facilities; the right to prevent excavation within the easement area; the right to prevent construction of, within the easement area, 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, but not limited to, said easement area, including by use of herbicides or other similar chemicals approved by the U. S. Environmental Protection Agency, 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. Grantor shall not make changes in grade, elevation or contour of the land or impound water within the easement area as described above without prior written consent of Grantee. 50.3200 ONCOR U/G DISTRIBUTION EASEMENT REVISED 5/26/2009 Page 1 Grantor reserves the right to use the land within the above described easement area for purposes not inconsistent with Grantee's use of such property, provided 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 and right -of -way unto the said Grantee, its successors and assigns, until all of said electric lines and facilities shall be abandoned, and in that event said easement and right -of -way shall cease and all rights herein granted shall terminate and revert to Grantor or Grantor's successors or assigns; and Grantor hereby binds Grantor and Grantor's successors, assigns, and legal representatives, to warrant and forever defend the above described easement and right -of- way unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. EXECUTED this day of , A. D. 2009. GRANTOR: CITY OF SOUTHLAKE John Terrell, Mayor, City of Southlake ATTEST: in Lori Payne, City Secretary GRANTEE: Accepted by: ONCOR ELECTRIC DELIVERY COMPANY, L.L.C. M I - Thomas F. Newsom, Attorney -In -Fact 50.3200 ONCOR U/G DISTRIBUTION EASEMENT REVISED 5/26/2009 Page 2 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared John Terrell, as the Mayor of the CITY OF SOUTHLAKE, home rule municipal corporation of the County of Tarrant, State of 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 , A. D. 2009. day of Notary Public in and for the State of Texas STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Thomas F. Newsom, as the Attorney -in -Fact of ONCOR ELECTRIC DELIVERY COMPANY, L.L.C., 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 A. D. 2009. day of Notary Public in and for the State of Texas After recording, return to: Oncor Electric Delivery Company Land Records 115 W. 7 Street, Suite 211 50.3200 ONCOR U/G DISTRIBUTION EASEMENT REVISED 5/26/2009 Page 3 Ft. Worth, Texas 76102 50.3200 ONCOR U/G DISTRIBUTION EASEMENT REVISED 5/26/2009 Page 4 EXHIBIT " A " ONCOR ELECTRIC DELIVERY COMPANY, LLC EASEMENT 20' DRAINAGE ESMNT., CAB. A, SL. 8697, PRTCT �QF LOT 1, GREENWAY- CARROL L ADDITION CAB. A, SL. 8697, PRTCT CQ d d O C q4 a P. 0. B. 3 N p W O M p O O z r __5'U.E. CAB. A, SL. 585, PRTCT 15' U.E. CAB. A, SL. 12195, PRTCT L 0 T 1R, RICHARD FADS NO. 481 ADDITION CABINET A, SLIDE 12195 PRTCT CITY OF SOUTHLAKE INST. NO. D207340467 DRTCT W 3r- V N O NM M N o Ln Cn °D ° o N89 °23'34 "E 20.00' ` w N p '633 SQ T eC°n O O N O N 3 3 S89 °23'34 "W � i0 20.00' PROPOSED Po rn M to po BUILDING N M M In cA O N z N L, w �I �I o I 0 0 SURVEYOR'S CERTIFICATION I, Philip S. Wolters, a Registered Professional Land Surveyor of the State of Texas, certify that the calculations, graphic depiction and legal descriptions of this survey were properly prepared under my personal supervision from an a ground survey. j -.. Registered Professionlil Land Surveyor No. 5894 020 ( IN FEET ) 1 inch - 20 ft. EXHIBIT "B" ONCOR ELECTRIC DELIVERY COMPANY, LLC EASEMENT BEING a 633 square foot portion of Lot 1R, Richard Eads No. 481 Addition, situated in the City of Southlake, Tarrant County, Texas, as recorded in Cabinet A, Slide 12195, of the Plat Records of Tarrant County, Texas, and deeded to the City of Southlake under Instrument No. D207340467 of the Deed Records of Tarrant County, Texas and being more particularly described as follows; COMMENCING at a found 5/8" iron pin at the intersection of the east line of North Carroll Avenue and the north line of said Lot 1R; THENCE South 00 °36'26" East, along said east line, a distance of 95.92 feet to the POINT OF BEGINNING; THENCE North 89 °23'34" East, departing said east line, a distance of 2334 feet to a point for easement corner; THENCE North 00 °36'26" West, a distance of 5.00 feet to a point for easement corner; THENCE North 89 °23'34" East, a distance of 20.00 feet to a point for easement corner; THENCE South 00 0 36'26" East, a distance of 20.00 feet to a point for easement comer; THENCE South 89 °23'34" West, a distance of 20.00 feet to a point for easement corner; THENCE North 00 0 3626" West a distance of 5.00 feet to a point for easement corner; THENCE South 89 °23'34" West, a distance of 23.34 feet to a point for easement comer in the said east line of North Carroll Avenue; THENCE North 00 °36'26" West, along said east line, a distance of 10.00 feet to the POINT OF BEGINNING and containing 633 square feet or 0.014 acres of land. P: \RPGA\ 1663\ SURVEY\Esmt- ROVATiansfoTiii r Pad Easement.doc