A-686 (Southlake) (3) OFFICIAL RECORD
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:
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
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Approved by City Council July 20, 2010
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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
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.
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Approved by City Council July 20, 2010
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PASSED AND APPROVED ON FIRST READING ON THIS 6 DAY
OF July 2010. if
/Ju
MAY•R /JiHN TE 1`1t4
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ATTEST:
24 ae_. J m
CITY SECRETARY /LORI PAYNi�
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PASSED AND APPROVED ON SECOND READING ON THIS 20
DAY OF July 2010.
40
41 410
MAY•R /iHN TE'RELL
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ATTEST
CITY SECRE /LORI PAYNE',, s' q.y'
APPROVED AS TO FORM AND LEGALITY:
ri )G,
CITY ATTORNEY
)218tk p 31 8
Approved by City Council July 20, 2010
Page4
District; Fort Worth North
WR 3059828
ER
EASEMENT AND RIGHT OF WAY
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TARRANT
That City of Southtake, hereinafter card "Grantor", whether one or more, for and in
consideration of Ten Dollars ($10.00) and other valuable consideration to Grantor in hand paid by
Oncor Electric Delivery Company LLC, 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 does grant, sell and convey unto saki Grantee, its successors and assigns,
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 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 general 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 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 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 easerent 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
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Approved by City Council July 20, 2010
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Grantor reserves the right to use the land within the above described easement area for
purposes not inconsistentwith 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 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 shalt 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 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 every person whomsoever lawfully claiming or
to claim the same or any part t thereof.
d�
EXECUTED this Alf l day of V y 2010
By: Cf2fit.-03
Name Sohn Te.etl
Title: m(1(
STATE OF TEXAS J
COUNTY OF TARRANT
BEFORE ME the undersigned authority, on this day personalty appeared
o4 n recce known to me to be the person whose
name is subscribed to the foregoing instrume t and edged o me he /she executed the
same as the act and deed of t (a XG e- as
the of, for the purposes and consideration therein
expressed, in the l i t- apaiciity therein stated and that he/she is authorized to do so.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this a day of
ty A.D. 20/ 0 outtliuU
i ii
I
ApA:Pcie e. .i
Notary Public in and for S tate of Texas 2
After recording, return b'
Oncar Electric Delivery Company
Land Recrirds '•F PIIIE�•'
115 W. 7 Street Suite 211 �i� f ,y
Ft Wroth, Texas 76102 il
56.3`hYCCRPOMTF ONCOP OW.. Dt:TR5UTi7N'z/SFNF•Y.T LAST RUSEO Nilp
After Recording, please send fully executed copy to:
CITY OF SOUTHLAKE
c/o City Secretary
1400 Main Street, Suite 270
Southlake, Texas 76092
Phone: 817.748.8016
ZIOffigapt p 518
Approved by City Council July 20, 2010
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Approved by City Council July 20, 2010
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Location Map of Easement and ROW
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Oncor
Transformer ,1 4 4
Location I J I I 1 J I _J
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SOUTH LAKE KE BLVD__.. r
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21 D80(00 p- 71g
SUZANNE HENDERSON 4
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COUNTY CLERK
100 West Weatherford Fort Worth, TX 76196 -0401
PHONE (817) 884 -1195
CITY OF SOUTHLAKE
1400 MAIN ST STE 270
SOUTHLAKE, TX 76092
Submitter: CITY OF SOUTHLAKE
DO NOT DESTROY
WARNING THIS IS PART OF THE OFFICIAL RECORD.
Filed For Registration: 8/26/2010 10:53 AM
Instrument D210208060
OPR 8 PGS $40.00
By:
D210208060
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.
Prepared by: CAMADDOCK