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Item 4CCITY OF SOUTHLAKE MEMORANDUM July 30, 2014 TO: Shana K. Yelverton, City Manager FROM: Chris Tribble, Director of Community Services 4C-1 SUBJECT: Ordinance No. 1097, Vt Reading, Dedication of an easement on city -owned park property at Bicentennial Park for Oncor Electric Delivery Company Action Requested: City Council approval of Ordinance No. 1097, 1st Reading, to dedicate a 601 square -foot easement for Oncor Electric Delivery Company for installation and maintenance of electric service on city -owned property in Bicentennial Park for the new Southlake Parks Division office building 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 2 is underway on the east side of the park. As part of the construction, electrical service is required for the new Parks Division office building. Oncor Electric Delivery Company is requesting an easement dedication of city park property to allow for the installation and maintenance of electrical service for that park improvement. The easement is approximately 0.014 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. City of Southlake Values. - Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Shana Yelverton, City Manager Meeting Date — August 5, 2014 Page 2 of 2 4C -2 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: City Council will consider Ordinance No. 1097, 1st Reading at the August 5, 2014 meeting. If approved at 1st Reading, the ordinance will be considered by City Council at the August 19, 2014 meeting. Legal Review: The ordinance is a standard ordinance template previously 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. 1097 Easement document Staff Recommendation: Staff recommends City Council approval of Ordinance No. 1097, 1st 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 new Parks Division office building. City of South/ake Values. - Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork P* '•nH —n WtIs -oa un-- - 3 tnmM-3 +mnrNAoPAPO-1 w\sms\q\ w awn-iu Z 30 SOLS Si9L66 ao x3 %zcfiwA9 90a9L —i %xqs-py o aK s 4om aqp ai—dwo 49U X!-W! e_. _ 19 MD - vwa;Apw -Obwq -ON q0f SYM 13WIHMOS jLq %RWMV Pue a8'1? 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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 future Bicentennial Park improvements demonstrates a need for an additional utility easement and right-of-way granted to Oncor Electric Delivery Company, LLC, a Delaware limited liability company, to provide electric service to the park improvements to be constructed at 450 Southlake Boulevard; and WHEREAS, the future park improvements will be constructed to the benefit of the public and dedicated to the public; and WHEREAS, the City Council of the City of Southlake has determined that there is a need for the above -referenced utility easement on and under City owned properties at 450 Southlake Boulevard; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CA-LY O6 SOUTHLAKE, TEXAS: SECTION 1 The City of Southlake grants a utility easement to Oncor Electric Delivery Company, LLC, a Delaware limited liability company, on and under that property specifically shown in Exhibit "A" attached hereto and incorporated herein for the sole and limited purpose of providing electric service and related utilities to the City's facilities at that location, said easement to exist until all of said lines shall be abandoned, and in that event, said easement and right-of-way shall cease and all rights granted herein shall terminate and revert to the City, and its successors and assigns.. SECTION 2 The Mayor of the City of Southlake, Texas is hereby authorized and empowered to execute the aforementioned Easement Dedication. SECTION 3 A copy of the easement and right-of-way conveyance instrument is attached hereto as Exhibit B, and 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 4C - 7 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 , 2014. MAYOR/JOHN TERRELL ATTEST: CITY SECRETARY LORI PAYNE PASSED AND APPROVED ON SECOND READING ON THIS DAY OF 2014. MAYOR/JOHN TERRELL ATTEST: CITY SECRETARY LORI PAYNE APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY District: 4C _ 8 WR #: ER #: EASEMENT AND RIGHT OF WAY THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF That , 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, 1616 Woodall Rodgers Freeway, Dallas, Texas 75202-1234, 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 underground electric supply and communications lines, consisting of a variable number of wires and cables, surface mounted equipment, conduits, manholes, vaults, transformers, switches, protection, sectionalizing devices and all necessary or desirable appurtenances over, under, 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 above described, 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, in which case this easement shall be revised accordingly. 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 road is widened in the future; the right to lease wire space to string or lay wire or cable along said facilities; the right to prevent excavation within the easement area; and the right to prevent construction of, within the easement area, any and all buildings, structures or other obstructions which, in the reasonable judgment of Grantee, may endanger or interfere with the efficiency, safety, and/or convenient operation of said facilities and their appurtenances. 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. Grantor shall have the right to install landscaping and landscape sprinkler facilities in the easement, provided that Grantor shall take all necessary measures to insure that such landscaping and sprinkler facilities are limited to a depth which does not interfere with Grantee's facilities and their appurtenances. Grantor agrees to maintain such landscaping so that it does not interfere with the operation of Grantee's facilities or create hazard thereto, and if UNDERGROUND EASEMENT AND RIGHT OF WAY FORM 50.3400 REV 2/10/2009 Grantor fails to do so, Grantee shall then have the right to trim or remove 40s (9 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 reasonable judgment of Grantee, such is necessary to prevent interference with the operation of said facilities or to remove hazard thereto. The sole purpose of this easement and right-of-way conveyance is to permit and allow Grantor to install the afore -mentioned facilities to provide service to Grantee's property, all other uses and purposes being prohibited. TO HAVE AND TO HOLD the above described easement and rights unto the said Grantee, its successors and assigns, until all of said lines shall 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 it does hereby bind itself, its successors, legal representatives, and assigns, to warrant and forever defend all and singular the above described easement and rights unto the said Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. EXECUTED this day of )20 I0FT1M Title: STATE OF TEXAS § COUNTY OF § BEFORE ME, the undersigned authority, on this day personally appeared , as the of , known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed, in the capacity therein stated and he/she is authorized to do so. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , A. D. 20 UNDERGROUND EASEMENT AND RIGHT OF WAY FORM 50.3400 REV 2/10/2009 PAGE 2 4C-1-0 Notary Public in and for the State of Texas After recording, return to: Oncor Electric Delivery Company Land Records 115 W. 7t" Street, Suite 1017 Ft. Worth, Texas 76102 UNDERGROUND EASEMENT AND RIGHT OF WAY FORM 50.3400 REV 2/10/2009 PAGE 3 L m a V CL i O V O J W ° C 5 k---e--- a yei.. Q li..�f iN .t ,