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Item 6ACITY OF SOUTHLAKE MEMORANDUM June 14, 2010 TO: Shana Yelverton, City Manager FROM: Chris Tribble, Director of Community Services SUBJECT: Ordinance No. 977, 2nd Reading, Dedication of an easement and right -of -way on city -owned park property at Bicentennial Park to Oncor Electric Delivery Company PUBLIC HEARING Action Requested: City Council approval of Ordinance No. 977, 2 nd 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 an easement and R.O.W. Financial Considerations: There are no costs to the City other than the normal filing fees to record the easement documents. 6A - 1 Shana Yelverton, City Manager Meeting Date —July 20, 2010 Page 2 of 10 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: The City Council approved (7 -0), Ordinance No. 977, V Reading at their July 6, 2010 meeting. Legal Review: The ordinance was reviewed 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, 2 nd 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. 6A - 2 Shana Yelverton, City Manager Meeting Date —July 20, 2010 Page 3 of 10 Location Map of Easement and ROW Oncor Tr 7 f Transformer P _ r r Location Bicentenn is I Park i 5 k V/ A T__fI X I I I I I e � I J W w I _j_ 6A - 3 Shana Yelverton 7 Cit Mana Meetin Date — Jul y 20, 201 Pa 4 of 10 ONTCOR AS 1' EXHIBIT 1 I I , sa w 3UMIS CmFlaTI T rwa&%mcff 15x&4 bnpirg THOM Wri ir S & dim-atf-19 W io a pg�j cd p,;! pcim V3 Lhe Nm . vF caw Qc ?J&A AN curmw UF1qA%V,* 0 Ln*s An 7f 000)$%*4 am" W o dv 19 Ka 2 4-r Iftw )KOD M7 a IM19 t" N Man PM; N plaL shove 'h k, h a r nlejon of L'It proput az kdenrni ud b an �Lctwl on '-�jy g nmM Am th� hniz.-S and anewips Of Wjd proolert�, �dnj L&LaW b la DA The �ppirUt WR$1, L f v 'Awk-lEd c prolvds!xz m as shoes. I I LS It wd edl as uv.d, ircmrkm I%= h"n - uletstacd o W n zxpeFk� d Pm .1 . �w I zfcdonal q 4m b the wr tmd oR his bmt knLAM filomfim A be-, - TKLV0_'- 61 WV 2TS * dism *F410Z Emw & q c�m 4 M.NCENW39W E&djw6o*101"1 ft& Sal cc 4�. V Um .0fleU ONCOR SEMENT, 11 BE NIAL PO W'm r B. G. fp Ifflyl AMO 8 686 CRY OF SOMIUKE, TOW MUM,, TUAS IN, 010 MOOR 0: RIM IALND SURYDING ". M44 as W, 2M a� i6 P .O. 41 YYF °I �'F kitire4 ?mfezimal iand Ssn No. 09 6 ,T *. Baks Lvd W S Wj PO Bo-. 603 1 -p p k -a 4 q . 4 TOMMY 0. BURKS Dome- % M78 Pro & Fa 817/69-224Z N&a.9-. `bkme 55 09 mmp� NMOKM 9N*Dmi Rw& allmttmt Tumof Wa a" w l� 4& � =' LTd -m -zk &Y, TKLV0_'- 61 WV 2TS * dism *F410Z Emw & q c�m 4 M.NCENW39W E&djw6o*101"1 ft& Sal cc 4�. V Um .0fleU ONCOR SEMENT, 11 BE NIAL PO W'm r B. G. fp Ifflyl AMO 8 686 CRY OF SOMIUKE, TOW MUM,, TUAS IN, 010 MOOR 0: RIM IALND SURYDING ". M44 as W, 2M a� i6 6A - 4 P .O. wxm sw4w)Y 41 _1' ONM R, EAS E—N =- wt uw of 1c.4 �n tU L8.0- U. S m 7 y , NZ, =W= por Qr*v n ma 6m mmi cfk:4 i* 4*mtt �@ ad �*4 cf SVA L m d Ci mmp� NMOKM 9N*Dmi Rw& allmttmt Tumof Wa a" w l� 4& � =' LTd -m -zk &Y, *1 Ck Qf &Q TMU q rim S W Vzir V1 a &a= cf L10A a" Ea a pab. TfM= S W V 27 W caram-of -46A per; camAnoraddW10 Ott Id bft a mdiaoc iscAft IATWW dud "dS 3S'V 2ZW v4 a �md &OnoV. MAStr d � r I TFWM2 41* Ad wnia & - d#0vtkAimrm s io - -.i - Z01,34 im' ,9 L 6A - 4 Shana Yelverton, City Manager Meeting Date —July 20, 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: 6A - 5 Shana Yelverton, City Manager Meeting Date —July 20, 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 lines 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 6A - 6 Shana Yelverton, City Manager Meeting Date —July 20, 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 6 DAY OF July , 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 6A - 7 Shana Yelverton 7 Cit Mana Meetin Date — Jul y 20, 201 Pa 8 of 10 District: Fort Worth North WR #: 3059828 ER STATE OF TEXAS COUNTY OF TARRANT EASEMENT AND RIGHT OF WAY KNOW ALL MEN BY THESE PRESENTS, That Cit of S otAhiakel hereinafter called "Grantor", whether one or more, for- and in consideration of Ten Dolla rs ( $10.00 ) and othe. r va luable conside ration to Grantor in h-and paid b Oncor Electric Deliver Compan LLC, a Delaware him rte liabilit compan 1601 Br Street Dallas, Texas 75201 r hereinafter referred to as ""'Grantee"', Ihas g ranted, sc4d and conve a rid b these presents d oes g rant, selt an co, nve unto said Grantee, itssuoDessors and assi an easement and ri for overhead and/or under electric suppl and communications facilities,, oon isbn of a vafiable numityer of wires and cables, suppoftn structures, surface mounted e ent, conduits and all necessar or de irate appurtenances over, under throu across and upon Grantoe's land described as follows SEE EXHIBIT "A"' ( ATTACHED ) Grantor reco that the g eneral course, of said lines, or the metes and bounds as described above, is ba&ed on prOiminary surve onl and Grantor hereb a that the easernent and ri and its g eneral dimensions hereby g rante'd shall appl to the actual location of said lines when, wnstructed. To wfth the ni of. in and e alon and upon said easernent and ri wa and over and across Grantoes ad properties, for the purpose of and with the h to Construct,, maintain, operate, repair,, rerqDve. replace, reconstruct, abandon in place, and to I I I he ri to reiocaild facAtties in th e a srn, e than e the, size and capacit of said facilities- to sa t relative direction of said fa 01 ifies; the Ci to relocate said facilifies in the same relative position to an ad raad if and as twch is widened in the future; the fi to lease wire spare for the pti rpose of pe rm Itting others to strin or la wire, or cable alon said fscifl es; the ri to prevent exca-vation within the eas,ement area,,, the ri to prevent construction of, Vfthiln the easement area, ra 2nd all bull-din structures or other obstructions which, in the sole jud of Grantee, ma end an or interfe re wifth the efficienc safet and lor con ven ient operation of said facilifies and helf appurtenances and the ni to trim or remove trees or shrubber vAthin, butt l imped to., said easement area, incl udi n, g b use of herbioides of other similar ahemicalls approved b the U.S. Environmental Protection A to the extentin , the sole j ud g ument of Grantee, as ma be necessar toprevent possibie interference Mtti the operation of said factlitles or to remove possible hazard theretio, Grantor shall not make chan in g rade, elevation Bit consent of or contour of th land w or �rripourid water withi m n the ea area as described above without pr Grartee, 50_ 0 4 NW i 0 PATF_ ONCOR 01WG DISTIMUTWW EASEMENT Uk9T P"M 4MPW 6A -8 Shana Yelverton 7 Cit Mana Meetin Date — Jul y 20, 201 Pa 9 of 10 Grantor reserves the ri to use the land within the above. described easement area for I urposes jot inconsistent with G rantee's usie of s- uch propert provided such use shlail no in the sole jud of Grantee, inte rfere with the exercise b Grantee of the ri hereb g ranted. TO HAVE AND TO HOLD the above described easement and ri unto tie said Grantee.. fits wracessors and assi unfil, all of said electric lines and faCififies shall be abandoned, and In that event said easement and ri shall cage and all ri here-in g ranted shall terminate and revert to Grantor or Grantor's Wrs, successors or assi and le representatives, to warrant and forever defend the above desaitbed easennent and ri � r,nto Grantee, its successufs and am a ever person whomsoever lavAull claimin or to claim the same or an part thereof. EXECUTED this -, da of B : Name It 2o,- � Title. STATE OF TEXAS COU NTY 0 FTA RRA, NT BEFORE ME, the undersi -authorit on this da personall appeal,red I known to me to be the persan whose �name is subscribed to the fore instrun)entand acknoydedgedto me that helshe exeOuted the same as the act and deed of __4W�of, fcq- the purp the e s and consideration thwein expressed, in the capacit therein stated and that hel-she is authorized to do so. GIVEN UNDER MY HAND AND SEAL OF 0FRCE this da of J A_D_ 20 Notar Public in and for the State of Texas After ir-ecordin return to: Oncca- Electric, Deliver CoMpan Uand Rewrds All 5 W_ 7' Street, Suite- 21 Ft.. 'Worth, Texas 76102, 50 _1 W Co pP O P A -M CI NOM N T L,!.v I Rcv:Sr_`) 6A - 9 Shana Yelverton, City Manager Meeting Date —July 20, 2010 Page 10 of 10 F I } . i r I I• 1 I �• I ` I I I I'( 1 I C 1 I e 1 G I y I G{ 1 1 1 I• I I 1 S 1 I I� S 1� I dl � r z o. f AffUm" I r b � P y 4 } 4 In CL # q e ll R u, � l b iv * 1 A U9 co W L n W� � r z o. f AffUm" I r P y e ll R u, � l b * 1 L n W� z 7. z z R W3 kO 45 P�r_ 4A X29 ion �i w cc , c 12 rL� -d•s 4 a.i 4 r #p x ILI =1 e cu � C5 m, C' 1"k . E- ar e Q: 113 E t � f� IZr : D L AFT i }` C3 kn Lq 4 V a 8 ry � c; = " ; ZM a l = - _ tom P=I qC3- 12 m 6A - 10