Item 4CCITY OF
SOUTH LAKE
MEMORANDUM
(May 19, 2009)
To: Shana Yelverton, City Manager
From: Jim Blagg, Deputy City Manager /DPS Director
Robert H. Price, P.E., Director of Public Works
Subject: Approve Ordinance No. 956, 1st 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: Approve Ordinance No. 956, 1st 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 are 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.
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 areas of Quality
Development. The specific corporate objectives that are 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: Approve Ordinance No. 956, 1st 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
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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
W R #: 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
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.
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.
50.3200 ONCOR U/G DISTRIBUTION EASEMENT REVISED 4/22/2009 Page 1
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
Andy Wambsganss, Mayor, City of Southlake
ATTEST:
Lori Payne, City Secretary
GRANTEE:
Accepted by:
ONCOR ELECTRIC DELIVERY COMPANY, L.L.C.
in
Thomas F. Newsom, Attorney -In -Fact
50.3200 ONCOR U/G DISTRIBUTION EASEMENT REVISED 4/22/2009 Page 2
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day personally appeared Andy
Wambsganss, 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.
Notary Public in and for the State of Texas
STATE OF TEXAS §
COUNTY OF TARRANT §
day of
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 day of
A. D. 2009.
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
Ft. Worth, Texas 76102
50.3200 ONCOR U/G DISTRIBUTION EASEMENT REVISED 4/22,2009 Page 3
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
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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
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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