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0977 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 l20Z0$060 p 1 o 8 Approved by City Council July 20, 2010 Page 2 of 7 . ' 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. b216208060 p 2�' Approved by City Council July 20, 2010 Page 3 of 7 ' • • PASSED AND APPROVED ON FIRST READING ON THIS 6 DAY OF July , 2010. MAY* R /JINN TE'RELL s ®m ..... gzp ATTEST: */) . CITY SECRET RY /LORI PAYNE mo 456 B41C0 PASSED AND APPROVED ON SECOND READING ON THIS 20 DAY OF July , 2010. da MAY* R/ i HN TE RELL raw .: $ y ATTE T: CITY SECRE /LORI PAYNE APPROVED AS TO FORM AND LEGALITY: f/, l izte CITY ATTORNEY/ Vi810D p 31 8 Approved by City Council July 20, 2010 Page 4 of 7 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 Southlake, hereinafter called "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 said 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 Tines, 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 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.. vG. 2.2O3 COV>OI/.TC GNCOR OIL OG D STAJEK )N E+8E4ENT LAST REVISF6 42M19 b2IOZO Dt1O p zi / Y Approved by City Council July 20, 2010 Page 5 of 7 • 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 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 Granter or Grantors 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 thereof. A � EXECUTED this l ' day of 3 ac ( y _, 201 I By Name Sohn Tea ell Title: m(.1t0 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME the undersigned authority, on this day personally appeared t71,4 v -rice ( , known to me to be the person whose name is subscribed to the foregoing instrume t and edgedo me tat he/she executed the same as the act and deed of (0, ( f A-rk ( er yc e - _, as the a,u-lo thereof, for the purposes and consideration therein expressed, in the capaicity therein stated and that he /she is authorized to do so. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ,g - 1 day of L t� _. , A.D. 20(0 0 s.\ 01""""////,,, �O uuu OW PAy�i, AO,LA-*Paxi-s-e____ l . P R Y .. PG6. � / /'� Notary Public in and for State of Tees z r n After reced return b: `^.4 h Onco Electric Delivery Company ' • 9! OF A- ci:t • Land Reeds ��i� FXPrllf,• •' ��� 115 W. 7` Street, Suite 2 1 FL Worth, Texas 761'02 � /,/ IO ' 2 71'2 0 \,.∎ \��� 5 E ) c P rr At4 R 01-0., DMTR3,?UTON EASEI W1."T LAM REV :k'D 4J 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 - ZIOZUCIAD p 348 . ., Approved by City Council July 20, 2010 Page 6 of 7 . . I I ■ E d 1 !I ...-,... , ill I gq 1 4 1., 2 S3 1 ql it ' - , 3 -....a. t , v eg - ; '. 7 . - t . r: ,'"' 1••= .4 s' 1 P. : ' ii . a a ; 2 2 2g . 'a E 3 ■;.1 g g Z g . ' ". , t, -' 5- r : 7 A 9 -- ' .- -x e Ei A V. t . :7-.: Eli ' 1 0 I LI' itp ii -,;,'i . ”111 g341, 1 g — — , -z -*. :6, t;.7. ---,-, •''.' " , .c-_, = :;; 1 t '4, : z .." 1 ,, L"-; t g,. t, ;, eL. .• 1 Ell • o,,,t1 ii I pi.iNk : I i ,i : ,,,,, \ ,), : ( v:• - c ,. i i 'fr''.. N ..) zi pr / ' z • + *. v-% 4-1%; , :,..., t •—•"' - ;,,t iz ---- :k . I • Z 4.. r , i I , ,',. ' , •, fni. i 5, k -,g. -v- -: ,' ....Z 17 ' 7? ,.-. -.... -*1-; NI 8 g 2 \I =a,.s...--- ,,,,,. tv I \ ..• ...,. : 1 Ei — . "4'7; V . ^ ,... 4 ' I i I . .. • . , ...Z, 1 ,5 :.., c- I I F Iii * 2 1,1 "4 0, — ‘... '';'' 's• Ii-' 1 I ...,- '. ...--_-, ' --,---• 7 . _,•• p-.- A .-,-- -',,, 7. , , ,.., ,,,, .■ 0 , = - 1 <., ,- .1 , -----, =,,:, ___ bZIoe.O'S'Obb p. 1ig Approved by City Council July 20, 2010 Page 7 of 7 Location Map of Easement and ROW EEER Oncor Transformer Location Bicentennial Palk MEI • 1111 it SOUTH LAKE eLva —= -- 111).0111111141111 ,„,,,„„,,,, k7101 11■ r ■ ■ ■ 1�21020801.90 p. 748 SUZANNE HENDERSON .• "•Gj',., 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 INVOICE Star -Telegram Customer ID: CIT57 400 W. 7TH STREET Invoice Number: 310966081 FORT WORTH, TX 76102 390-7761 Invoice Date: 7/3/2010 (817) Federal Tax ID 26-2674582 Terms: Net due in 21 days JUL 2 7 2010 Due Date: 7/31/2010 Bill To: PO Number: NO PO CITY OF 1400 MAIN STSOUTHLAKE OFFICE OF CITY SECRETARY Order Number: 31096608 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Attn: Attn: ACCOUNTS PAYABLE Publication Date: 7/3/2010 No �=R 9 Lam q CITY 01 SOUTHLAKE Legal Notices CITY OF SOUTI Noticeishereby give 62 62 LINE $0.81 $50.22 City C .. cp by the Council A SEVERABILITY of the City Of CLAUSE; AND PRO- Southlake, Texas, VIDING AN EFFEC- Sales Discount that a Public hearing TIVE DATE. ($5.00) will be held on July City of Southlake 20, 2010, at 5:30 P.m. Lori Payne or immediately fCI City Secretary lowing the Work I — Misc Fee Session, during the $5.00 Regular City Council meeting to be held in the City Council Chambers of Town Hall, 1400 Main Street, Southlake, Texas. Purpose of the Public hearing is Net Amount: $50.22 to consider the sec- ond reading of the following ordinance: ORDINANCE NO. 977 Wz AN ORDINANCE DEDICATING A 4(�: PUBLIC UTILITY %, P4)4& _'Z - * EASEMENT FOR Cj C) PUBLIC USE UPON AND ACROSS A PORTION OF CITY OWNED PROPERTY Co AT BICENTENNIAL a PARK, . DESCRIBED AS L.B.G. HALL SURVEY, AB- STRACT No. 686 IN V NN THE z CITY OF SOUTHLAKE, TAR- 01' 3 1 THE STATE 01 RANT COUNTY, "6411111111100 TEXAS; DECLARING County of Tarra THAT SUCH EASE- MENT IS NECES- SARY FOR USE BY Before me, a N DENOLICOVRRY ECOMPA- LECTRIC said County and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for E the Star-Telegr NY AINTTO INSTALL AND Star -Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say MAIN that the the attach( TRICAL SERVICE TO tisement was published in the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM THE PARK; ALI (817) 390-7501 RIZING THE MAYOR TO EXECUTE THE EASEMENT DEDI- CATION DOCU- Signed MENTS; PROVIDING SUBSCRIBED AND SWORN TO BEFORE ME, THIS Friday, JU AO9/ Notary Thank You For Your Payment --------------------------------------------- Remit To: Star -Telegram Customer ID: CIT57 P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101-2051 Invoice Number: 310966081 Invoice Amount: $50.22 PO Number: NO PO Amount Enclosed: