Item 6FCITY OF
SOUTHLAKE
MEMORANDUM
August 13, 2014
TO: Shana K. Yelverton, City Manager
FROM: Chris Tribble, Director of Community Services
6F-1
SUBJECT: Ordinance No. 1097, 2►,d Reading, Dedication of an easement
on city -owned park property at Bicentennial Park for Oncor
Electric Delivery Company. PUBLIC HEARING
Action Requested: City Council approval of Ordinance No. 1097, 2nd Reading
and Public Hearing, 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, electric
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 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 19, 2014
Page 2 of 2 6F -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 approved (7-0) Ordinance No. 1097, 1st
Reading at the August 5, 2014 meeting.
City Council will consider Ordinance No. 1097, 2nd Reading
and Public Hearing 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 documents
Staff
Recommendation: Staff recommends City Council approval of Ordinance No.
1097, 2nd Reading and Public Hearing, 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 Southlake 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? XPS
"33 Aq un+e d 1N3W3Sd3 AMLIn AL •=' ■ _�
ti-to-90 )12Md 1VINN31N3�18 LANNI
'ON LVqS ��ea
to
133d NI 31` OS OlHdVHE) v£ 8 sE gR oHyVE wl1 V39
SdfJ 3�IV7H.L1]DS.�O,LL/,� OS S3/L SdJ NO O7SN9 �UV SJh'fXYSB
:SrJ,ti7?It S8.V0 S19179
OOL 05 9Z 0 I
} I 91
loll
I 1
I I
I
1 �
0
L—
I� �- - - - - - - -
D 'o
4 +m IIII LL
I~ 1
— — — — — 1N3W35V3 39WNIV?JO ,OZ 0350d021dFI
I I ��
I
\ I (1VId A) 1N3W3SV3 kinun V 39VNIVW
SIHOV V 10.0 00
q12
III *OS L09 •V38V
1N3W3SV3 kiniin PA
o -r
9N1NN1938
20 1N10d
NOI.LIQQd NRIdd IVINVILN3DIfl
I NDO Ili 1 10-1
NOISIA3u 1V'Td Q3SOdO'dd
TO.I.N.0
££L 'Od V(3t, 'lOn
3)IVIHlrlN- dO )-LID
9NI,9N3i1VPVOJ
j0 1NIOd
I j
9L
n 3„fi�ZOtitrN
i
ZZ•b 1
3„ 9Z,£ti.98N
I I
le
LL
5045 `d js
94Z£-6179 (L48) 'qd
9009L sexal 'uol6ulliy
OOZ al!nS lsaM aA!ia aleiodio0 4g44
,oul saleloossv pue sulllo�l 'lamo!igoS
9Z6Z 'ON uolleils!6aH sexal
else auv a Aiie-1
-uolslniadns Aw iapun punoi6 eql uo spew Aaruns lenloe ue luasaidai lmp=::p
puei aql legl Al!liao Agaiaq 'sexal to alelS aql ui ioAaninS pue-1 leuo!ssaloid paials!69b a 'auols •p Aiiel '1
-ssal io aiow
'puello saioe 17L0 0 io laal aienbs 409 BuiuieluOO pue'ONINN1038 401NIOd agl0llaal ZZ1 4 to aoue;sip e
'lu9ui9se3 Al!I!lfl ,04 p!es to eu!l Aliaq}nos eql buole `lse3 spuooas 9Z salnu!w Cl? saai6ap 88 glJoN 3ON3Hl
4uaw9se3 Al!I!}fl ,04 p!es to aull
Aliaq}nos eql uo iauioo a of laal £8,y4 to aouels!p a 'lse3 SPU039S 617 selnu!w ZO saai6ap trb gIJoN 30NgH1
'iauioo a of laal 176-94 to 9OU81SIP a Isea 30N9H1
'.iauioo a of laal 00'OZ to aoue}sip a 'WON 30N3H1
'iawoo a of laal 00'0Z to aoue}sip a 'lsW 9ON3Hl
'iauioo a 014881 Z8'610 9OU81Slp a 'glnoS 30N3H1
'iawoo a of laal 1717'6Z to aouelslp a 'luawase3 Al!I!lfl
A4 pasodoid p!es to eu!l Aliaq;nos agl bu!liedap 'lsaM spuooas 617 salnu!w Zo seei6ap"glnoS 3ON3H1
ONINN1038 301NIOd agl'luawase3 Al!I!lfl A4 pasodoid
e to au!l Aliaglnos aql uo lu!od a of laal 00'04 to eouels!p a 'loeil a�elq}noS;o Al!0 p!es to au!l Aliagliou
aql pue Z ro19 p!es to au!l Aliaglnos aql 6u!}iedap 'lse3 spuooas b£ salnum 91 seei6ap 40 glnoS 3ON3Hl
'lu!od a of laal
gO,ByZ to eouels!p lelol a iol anuguoo pue 'uog!ppe p!es to 94 lo-I to iawoo lseaq}nos aql pue 9 4 lol to iauioo
lsemglnos aql iol punol poi uoii qou!-9/g a ssed laal L 4 �OZZ le 'loeil a�elglnoS to Al!0 p!es to au!l Aliaglaou eql
6u!aq awes 'Z )1oo18 p!es to awl Aliaglnos aql 6uole 'lsaAA spuooas 9Z salnu!w £tr seei6ep 88 glnoS 3ON3Hl
'loeil 9� elglnoS to Al!0 p!es to ou!l Aliagliou aql uo
bulaq pue 'uo!l!ppe p!es to tr4 loq to iauioo lseaglnos aql 6u!aq awes '(-ZO'1'L1'd) sexal 'AlunoO lueiiel to
spiooab leld aql 40 £89 ap!IS 'V lau!ge0 ul papiooai geld aql of 6u!pi000e aNelglnoS to Al!0 aql of uo!l!ppe ue
Isalels3 IM Ne0 aql to Z )lool8 `£ 4 lo-jto iawoo lsanr%glnos eql iol punol poi uoil goul-8/9 a le `J' NION3W WOO
:SM0110l
se spunoq pue salaw Aq paquosep Alielno!lied aiow 6u!aq puel to loeil aiae y40-0 p!es 'aNelglnos to Al!0
agl of uo!l!ppe (papiooaiun) ue 'uo!l!ppy died le!uualueo18 aql l0 4 10018 ' 4 101 to uo!s!Aai geld pasodoid agl
ul bulaq pue '(-1-0-1-b-d) sexal 'AlunoO lueiiel to spiooaH paaa agl l0 ££L 86ed '8Z6y awnlon u! papiooai
191elglnoS to Al!O eql of peep ui paquosep puel to loeil a to lno 6u!aq pue 'sexal 'AlunoO lueiiel aMelglnoS
to 40 aql ul `989 'ON joeJjsgV `A3Auns TIVH *011 l aql ul palenl!s puel to loeil aloe t,40-0 a JNI38
b40Z 'ti ounr
Z 10 4 abed
uo!ld!iosap
,)d„ 1191HX3
luawase3 Al!mn
uoll!ppy died le!uu9lu90l8 409foid
sexal `aMelglnoS :Al!0
ORDINANCE NO. 1097 6F - 5
AN ORDINANCE GRANTING A PERMANENT UTILITY EASEMENT ON AND
UNDER CITY OWNED PROPERTY AT 450 SOUTHLAKE BOULEVARD IN
THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS; AUTHORIZING
THE MAYOR TO EXECUTE THE EASEMENT DOCUMENT; 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
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 Cgly 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 6F - 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: 6F - 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 1Ws (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
6F-10
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
0
E
.2
H J
L
m
a
V
CL
i
O
V
O
J
W ° C
5
k---e---
a
yei.. Q li..�f iN
.t ,