HomeMy WebLinkAboutItem 10 - TXU EasementlTm it/o - -
MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: ROGER NELSON, CITY MANAGER
MEETING DATE: NOVEMBER 7, 2000
SUBJECT: GRANTING PERMANENT EASEMENT TO TXU — DOVE PARK
RECOMMENDATION:
City Council consider granting a ten -foot wide, permanent easement to TXU for the
relocation of an existing electric service line located in Dove Park, authorize City
Manager to execute the necessary documents to grant said easement, and take any
necessary action.
FUNDING SOURCE:
N/A
BACKGROUND:
The City Council has granted a license to Voice Stream Wireless to mount facilities on
the Dove Water Tower and to construct associated ground facilities in Dove Park. TXU
has a power pole and service line located in the park that conflicts with some of the
proposed improvements. Prior to relocating the pole and line, TXU has requested a
permanent easement, ten feet wide, be granted by the City of Grapevine.
The easement will not result in any additional lines, just the relocation of an existing
power pole and an existing power line. The line serves, and will continue to serve, the
swimming pool and other City of Grapevine facilities located in Dove Park.
The Parks and Recreation Department has reviewed this request and has no problem
with the proposed pole and service line location. This easement will not have any
impact on the status of the Texas Parks & Wildlife Department's initial grant for Dove
Park.
Staff recommends approval.
WSG/wsg
November 1, 2000 (10:53AM)
TXU Electric Company Easement
0
EASEMENT AND RIGHT OF WAY
STATE OF TEXAS
District: HEB
WR #: 1278996
E#: 2123-468/0382
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TARRANT
That the CITY OF GRAPEVINE , 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 TXU ELECTRIC COMPANY, a Texas Corporation, 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 lines,
consisting of a variable number of wires and cables, supporting structures, surface mounted
equipment, conduits and all necessary or desirable appurtenances over, under, across and upon
Grantor's land described as follows:
SEE EXHIBIT "A" (ATTACHED)
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, remove and reconstruct said lines; the right to relocate along the
same general direction of said lines; the right to relocate said lines 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 lines; the right to prevent
excavation within the easement area; the right to prevent construction of 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 lines and their appurtenances and
the right to trim or remove trees or shrubbery within, but not limited to, said easement area, to the
extent in the sole judgment of Grantee, as may be necessary to prevent possible interference with
the operation of said lines or to remove possible hazard thereto. Grantor shall not make changes
in grade, elevation or contour of the land within the easement area as described above without
prior written consent of Grantee.
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 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 successor, legal representative 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—.
STATE OF TEXAS
COUNTY OF
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Title:
CITY OF GRAPEVINE
Roger Nelson
City Manager
BEFORE ME, the undersigned authority, on this day personally appeared
, known to me to be the person
whose name is subscribed to the foregoing instrument and acknowledged to me that he executed
the same as the act and deed of , as
the thereof, and for the purposes and consideration
therein expressed and in the capacity therein stated, and that he was authorized to do so.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this
, A.D. 20
Notary Public in and for the State of Texas
(Print Name of Notary Public Here)
My Commission Expires:
day of
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LEGAL DESCRIPTION
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BONG a tract of land situated In the Joel Hailum Survey, Abstract No. 722,
Tarrant County. Toon and being out of and a portion of Lot i. Block A. Dave
Road Park AddMon, on addition to the C In Cabinet & SUG3�00oZf. Crapevina. Tema. according to the
thereof amid Ma, Tarrant County,
more porta recorded described by metes and bound•Records
s fol$m : Tasty.
COMMENCING at 3/4 inch bon rod found at the north and of the cutback comor
of the cutback Comer of the intrsactbn of the north right-cf-say gms of Dow Rood
(80' width), and the east right-of-way dne of Sagebrush Tnall (80' width):
THENCE along the east right of say isms of said Sagebrush Tran. North 00
deareae 21 minutes 45 eseand• eat, a distance of 230.29 fest to THE PONT OF
BANNING hereof;
THENCE continuing a said oast right-af-woof One, North 00 dograw 21 minutes
45 escands west, a dMfance of 1229 feet to a poin4
THENCE through the interior of said Dow Park Addkion, the fallowing three (3)
Cauresc
1, North 54 degrees 05 minutes 55 eeconde Fast a distance of 73M feet to a
point
2. South 35 degrees 54 minutoo 02 seconds East. a distance of 10.00 foot to 0
point
3. South 54 dsgreee 05 mtnutee 58 seconds west, o dietancs of 83.04 feet to the
PONT OF i S.IN ING and Containing within titles polis a Calculated aroma of 795 square
foot or 0.0182 acres of lard. more Of Iaes.
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