Richard Eads No. 481 Addition (Lot 1R) - Easement and Right of Way
uo"FFICIAL RECOiki,
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
1 R, 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 fifh DAY OF
Mau 2009.
MAYOR JOHN TERRELL
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PASSED AND APPROVED ON SECOND READING ON THIS 2M DAY OF
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MAYOR J N ELL
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APPROVE S TO FORM AND LEGALITY: ~r
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CITY ATTORNEY
District: HEB
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I viICIAL RECORD
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
permitted.
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.
50.320D ONCOR U/G DISTRIBUTION EASEMENT REVISED 6/42009 Page 1
bZ025325A P.
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.
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EXECUTED this 14- day of u A. D. 2009.
GRANTOR: CITY OF SOUTHLAKE
By:
John errell, Mayor, Ci of Southlake
ATTEST:
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Lori Payne, City cretary = to
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GRANTEE: 'fffllt11j1`'
Accepted by:
ONCOR ELECTRIC DELIVERY COMPANY, L.L.C.
By:
Thomas F. ewsom, Attorney-In-Fact
50.3200 ONCOR U/G DISTRIBUTION EASEMENT REVISED 614/2009
Pape 2
l~2(~?253&5~ p.2 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 day of
h e, , A. D. 2009.
~O~a.s ~1 F
Notary Public in and fo t
he State of xssp, }T
u Z.
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NIIINNI111WN~
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 day of
A. D. 2009.
(C~
"y"JENNIFER MEEKER
Notary Public, State of Texas
` MY Commission Expires
DDCember 05, 2010
ota bli n and fo the State exas
After recording, return to:
Oncor Electric Delivery Company
Land Records
115 W. 7°i Street, Suite 211
Ft. Worth, Texas 76102
50.3200 ONCOR U/G DISTRIBUTION EASEMENT REVISED 6/412009 Page 3
W?25335q p.3 b
EXHIBIT "A"
ONCOR ELECTRIC DELIVERY COMPANY, LLC EASEMENT
20'ORA/NAGE ESMNT., CAB. A. SL. 8697, PRTCT
F LOT 1, GREENWAY-CARROLL ADDITION
CAB. A, SL. 8697, PRTCT
5' U.E. CAB. A, SL. 585, PRTCT
15'U.E. CAB. A, SL. 12195, PRTCT
N
L 0 T 1R,
RICHARD FADS NO. 481 ADDITION
CABINET A, SLIDE 12195
PRTCT
Q ~ I CITY OF SOUTHL AKE
INST. NO. D207340467
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OF SURVEYOR'S CERTIFICATION
CI ST * ; I. Philip B. Wolters, a Registered Professional Land Surveyor
l~ of the State of Texas, certify that the calculations, graphic
SIP 0. wOLTERS depidion and legal descriptions of this survey were
• 5894 agws Property Prepared under ey persorrel supervision from an lp
pR s t o+ O~ a ground survey.
SUR`1 i ( M FEET
Registered Profession l Land Surveyor No. 5894 1 inch a 20 fG
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EXHIBIT "B"
ONCOR ELECTRIC DELIVERY COMPANY, LLC EASEMENT
BEING a 633 square foot portion of Lot 1 R, Richard Eads No. 481 Addition, situated in
the City of Southlake, Tan-ant 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 00036'26" 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 23.34 feet to a
point for easement comer,
THENCE North 00°36'26" West, a distance of 5.00 feet to a point for easement
comer;
THENCE North 89023'34" East, a distance of 20.00 feet to a point for easement
corner;
THENCE South 00036'26" 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°36'26" 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:IRPGA11663\SURVMEm.t-ROW\Trawforma Pad Fasemmtdoc
b2092N p. 5
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ONCOR ELECTRIC DELIVERY CO f
RIGHT OF WAY DEPT
115 W 7TH ST #206
FT WORTH TX 76102
Submitter: ONCOR
SUZANNE HENDERSON
TARRANT COUNTY CLERK
TARRANT COUNTY COURTHOUSE
100 WEST WEATHERFORD
FORT WORTH, TX 76196-0401
DO NOT DESTROY
WARNING - THIS IS PART OF THE OFFICIAL RECORD.
Filed For Registration: 09/2 1200911:16 AM
uMont D209 53864
E GS ;32.00
By:
D209253854
ANY PROVISION WHICH RESTRICTS THE SALE, RENTAL OR USE
OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR
RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW.
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