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
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Shana Yelverton 7 Cit Mana
Meetin Date — Jul y 20, 201
Pa 4 of 10
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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
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