Item 4HCITY OF
SOUTH LAKE
MEMORANDUM
June 14, 2010
TO: Shana Yelverton, City Manager
FROM: Chris Tribble, Director of Community Services
SUBJECT: Ordinance No. 977, 1 St Reading, Dedication of an easement and
right -of -way on city -owned park property at Bicentennial Park
to Oncor Electric Delivery Company
Action Requested: City Council approval of Ordinance No. 977, 1 St Reading, to
dedicate a 10 -foot easement and right -of -way to Oncor
Electric Delivery Company for installation and maintenance
of electric service on city -owned property in Bicentennial
Park.
Background
Information: The City Charter requires an ordinance to "Convey, lease or
authorize the conveyance or lease of any lands of the City"
which includes land granted for public easements.
Construction of Bicentennial Park Phase I is underway on
the west side of the park. As part of the construction,
electrical service is required for the future ball fields, lights
and other park amenities. Oncor Electric Delivery Company
is requesting an easement and right -of -way dedication of city
park property to allow for the installation and maintenance of
electrical service for those park improvements.
The easement is approximately 0.186 acres, as more
particularly described and shown in Exhibit "A" attached.
The Community Services Department has reviewed the
easement document and is satisfied that the easement will
place no burden or detrimental encumbrance on the park
land. This is a modification of an existing Oncor electric
service that had no easement. To modify the existing
service, Oncor is requiring and easement and R.O.W.
If approved at 1 St Reading, the 2 nd Reading and Public
Hearing for Ordinance No. 977 will be held at the July 20,
2010 City Council meeting.
4H -1
Shana Yelverton, City Manager
Meeting Date July 6, 2010
Page 2 of 10
Financial
Considerations: There are no costs to the City other than the normal filing
fees to record the easement documents.
Strategic Link: This item is linked to the City's Strategy Map related to the
focus areas of Infrastructure and meets the corporate
objectives to Collaborate with Select Partners to Implement
Service Solutions.
Citizen Input/
Board Review: N/A
Legal
Review: The ordinance is under review by the City Attorney's office.
Alternatives: Alternatives may include:
City Council approval as presented
City Council approval with modifications
City Council decision not to approve
Supporting
Documents: Exhibit A Description and Survey
Ordinance No. 977
Easement document
Staff
Recommendation: City Council approval of Ordinance No. 977, 1 St Reading,
Dedication of an easement and right -of -way of city -owned
park property in Bicentennial Park to Oncor Electric Delivery
Company to install and maintain electric service to the park.
4H -2
Shana Yelverton, City Manager
Meeting Date July 6, 2010
Page 3 of 10
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4H -3
Shana Yelverton, City Manager
Meeting Date July 6, 2010
Page 4 of 10
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4H -4
Shana Yelverton, City Manager
Meeting Date July 6, 2010
Page 5 of 10
ORDINANCE NO. 977
AN ORDINANCE DEDICATING A PUBLIC UTILITY EASEMENT FOR
PUBLIC USE UPON AND ACROSS A PORTION OF CITY OWNED
PROPERTY AT BICENTENNIAL PARK, DESCRIBED AS L.B.G. HALL
SURVEY, ABSTRACT No. 686 IN THE CITY OF SOUTHLAKE,
TARRANT COUNTY, TEXAS; DECLARING THAT SUCH EASEMENT IS
NECESSARY FOR USE BY ONCOR ELECTRIC DELIVERY COMPANY
TO INSTALL AND MAINTAIN ELECTRICAL SERVICE TO THE PARK;
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 engineering design for Bicentennial Park Phase I demonstrates a need to
provide utility service to Bicentennial Park as shown on the plat attached hereto
as Exhibit A, for the purpose of installing and thereafter maintaining permanent
electrical power for the use and benefit of the City; and
WHEREAS, the City Council of the City of Southlake has determined that
there is need for a ten foot easement and right -of -way across City owned
property at Bicentennial Park (L.B.G. Hall Survey, Abstract No. 686) to provide
electric service for the park; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF SOUTHLAKE, TEXAS:
4H -5
Shana Yelverton, City Manager
Meeting Date July 6, 2010
Page 6 of 10
SECTION 1
The City of Southlake grants an easement and right -of -way for overhead
and /or underground electric supply and communications facilities, consisting of a
variable number of wires and cables, supporting structures, surface mounted
equipment, conduits and all necessary or desirable appurtenances over, under,
through, across and upon City park land described in the attached Easement and
Right of Way document. The City recognizes that the general course of said
lines, or the metes and bounds as described in the Easement and Right of Way
document, is based on preliminary surveys only, and City hereby agrees that the
easement and right -of -way and its general dimensions hereby granted shall
apply to the actual location of said liens when constructed.
SECTION 2
The Mayor of the City of Southlake, Texas is hereby authorized and
empowered to execute the aforementioned Easement and Right of Way for
electrical supply and communications facilities.
SECTION 3
A copy of the 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
4H 6
Shana Yelverton, City Manager
Meeting Date July 6, 2010
Page 7 of 10
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 after its passage,
and it is so ordained.
PASSED AND APPROVED ON FIRST READING ON THIS DAY
OF 2010.
MAYOR /JOHN TERRELL
ATTEST:
CITY SECRETARY /LORI PAYNE
PASSED AND APPROVED ON SECOND READING ON THIS
DAY OF 2010.
MAYOR/ JOHN TERRELL
ATTEST:
CITY SECRETARY /LORI PAYNE
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
4H 7
Shana Yelverton, City Manager
Meeting Date July 6, 2010
Page 8 of 10
District; Fort Worth North
WR 305982E
ER
STATE OF TEXAS
COUNTY OF TARRANT
EASEMENT AND RIGHT OF WAY
KNOW ALL MEN BY THESE PRESENTS
That City of 5outhlake, hereinafter called "Grantor', whether one or more, for and in
connsideration of Ten Dollars (S10.00) and other valuable consideration to Grantor in hard paid by
Oncor Electric Delivery Company L.LC, a Delaware limited liability company, 1601 Bryan
Street, Dallas, Texas 75201, hereinafter referred to as "Grantee has granted, sold and conveyed
and by these presents doas grant, sell and convey unto said Grantee, its successors and assigns,
an easement and right -of -way far overhead and/or underground electric supply and
communications facilities, consisting of a variable number of wires and cables, supporting
structures, surface mounted equipment., conduits and all necessary or desirable appurtenances
over, under, through, across and upon Grantor's land described as follows,
SEE EXHIBIT "A" (ATTACHED)
Grantor recognizes that the general course of said lines, or the metes and bounds as
described above, is based on preliminary surveys only, and Grantor hereby agrees that the
easement and right -of -way and its genera! dimensions hereby granted shall apply to the actual
location of said lines when constructed.
Together with the right of ingress and egress along and upon said ensernant 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 taci!ities in the same
relative direction of said facilities; the right to relocate said facilities in the same relative positions to
any adjacent road if and as such is widened in the future; the right to !ease wire space for the
purp ❑se of permitting others to string or lay wire or cable along said facilities; the right to prevent
excavation within the easerent area; the right to prevent construction of, within the easement
area, any and all buildings, structures Of 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, taut not
limited to, said easement area including by use of herbicides or other similar chernicals 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 contourof the land
oT impound water within the easement area as described above without prior written consent of
Grantee.
5Q -ZW G01WORATEONME01%U1 DMPMUTp r AM "L&:L *nom, -,rC VP'Vr'
4H -8
Shana Yelverton, City Manager
Meeting Date July 6, 2010
Page 9 of 10
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 Grantee, interfere with the exercise by Grantee of the fights 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 evert said easement and right- of-way shall cease and all rights herein
granted shall terminate and revertto Grantor or Grantor's heirs, successors or assigns, and legal
representatives, to warrant and forever defend the above described easement and right -of -way
unto Grantee, its successors and assigns, against everyperson whomsoever lawfully claiming or
to claim the same or any part thereof.
EXECUTED this dayof
By:,
r�
blame
T
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, on this day personally appeared
known to me to be the person whose
name is subscribed to the foregoing instrument and acknowledged tv me that helshe executed the
same as the act and deed of as
the thereof, for the purposes and consideration therein
expressed, in the capacity therein stated and that helshe is authorized to do so.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
A -D- 20
Notary Public in and for the State of Texas
After recording, return to:
Oncor Electric delivery Company
Land Rewrds
l 5 W- 7' Street, Suite 21
Ft Worth, Texas 76102
,%3MCORP/4YE ONeeM OWUG OIS'MUMN EASEMOV[SS RRMEOdf8%
4H -9
Shana Yelverton, City Manager
Meeting Date July 6, 2010
Page 10 of 10
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