HomeMy WebLinkAboutResolution No. 06-081
CITY OF THE COLONYt7WS
RESOLUTION NO. 06-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, APPROVING AN AGREEMENT FOR AN EASEMENT BY
AND BETWEEN THE CITY OF THE COLONY AND CO-SERVE
ELECTRIC, AS DEPICTED ON EXHIBIT "A" AND THE
ATTACHMENTS THERETO, WmCH ARE ATTACHED HERETO AND
INCORPORATED HEREIN BY REFERENCE; AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, City of The Colony, a home-rule municipality, is the owner of a parcel of
land located within the City of The Colony ("City"); and,
WHEREAS, Co-Serve Electric ("CO-SERVE") has a need to obtain an easement on,
through, across, and under said parcel of land for the purposes of the placement of utilities; and
WHEREAS, the City desires to dedicate to the CO-SERVE such Right-of-way as
provided in Exhibit "A" and the attachments thereto; and
WHEREAS, the City finds that such easement, as depicted on the attached Exhibit "A"
and the attachments thereto is for a public purpose and safety;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS:
Section 1. That the City of The Colony hereby approves and grants the easement to
Co-Serve under the terms and conditions of the Easement Agreement, which is attached hereto
and incorporated herein as Exhibit "A" and the attachments thereto, for the purposes provided for
therein.
Section. 2. That the City Council authorizes the Mayor to execute the Easement
Agreement in favor of Co-Serve as provided herein.
Section 3. That this Resolution shall take effect immediately from and after its adoption
and execution.
Page 1
70350
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, this 2nd day of October, 2006.
APPROVED:
ATTEST:
al~f~l{~~
. stie Wilson, City Secretary
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Page 2
70350
After Recordinl!. Return to:
Kevin W. Haney
Miller & Haney, L.L.P.
c/o 7701 South Stemmons
Corinth, Texas 76210
ELECTRIC LINE EASEMENT AND RIGHT-OF-WAY
STATE OF TEXAS
*
*
, ;200ir>.
MAP GRID
WO#
EASEMENT NO.
SO#
COUNTY OF DENTON *
EFFECTIVE DATE: Ocf" :2.
GRANTOR:
The City of the Colony, Texas
GRANTOR'S MAILING ADDRESS (Including oounly): ~ /, tI b1>()t~ do ~ _
cf1.,., e. (!o 7 tn:J TY- '7 ,,- 0 ~ '7"
GRANTEE:
DENTON COUNTY ELECTRIC COOPERATIVE, INC.,
d/b/a COSERV ELECTRIC
7701 South Stemmons
Corinth, Texas 76210
CONSIDERATION: The provision of electrical service and/or other benefits inuring to GRANTOR and/or Ten and No/IOO's dollars
($10.00) and other good and valuable consideration, the receipt and sufficiency of some consideration deemed valuable to GRANTOR
being hereby expressly acknowledged and accepted by GRANTOR.
EASEMENT PROPERTY: The EASEMENT PROPERTY is that certain tract or tracts ofland more particularly described in the attached
Exhibit A, incorporated herein by this reference for all purposes together with the subsurface below and air space above the tract(s) ofland.
PROJECT: The PROJECT(s) means underground electric transmission and/or electric distribution line or lines, consisting of a variable
number and sizes of wires, cables, and circuits, and all necessary or desirable appurtenances, appliances, facilities and equipment
(including but not limited to supporting structures, insulators, above-ground pad-mounted transformers and/or equipment, anchorages and
other facilities whether made of wood, metal or other materials).
GRANT: GRANTOR, for the CONSIDERATION received by GRANTOR, hereby grants, sells, and conveys to GRANTEE an
EASEMENT appurtenant and Right-of-Way in, upon, and across the EASEMENT PROPERTY, together with all and singular the rights
and appurtenances thereto in any wise belonging, to have and hold it to GRANTEE and GRANTEE'S successors and assigns forever.
GRANTOR also grants to GRANTEE the right and authority to license, permit or otherwise agree to the joint use or occupancy of the
PROJECT, line system, or facilities by any other person or entity for electrification, telephone, telegraph, television, natural gas or other
similar purposes.
PURPOSE: The EASEMENT, right-of-way, rights, and privileges herein granted shall be used for the purpose of providing electric utility
service, constructing, placing, operating, maintaining, reconstructing, replacing, relocating, reconstituting, changing the size or nature of,
rebuilding, upgrading, expanding, removing, inspecting, patrolling, and/or repairing the PROJECT(s) or any part of the PROJECT(s), and
making connections therewith, and to undertake the same for any of the other joint uses authorized herein. The PURPOSE shall also
include use of the EASEMENT, right-of-way, rights and privileges granted herein for any use directly related to the PROJECT(s) or
financing of the PROJECT(s), including but not limited to performing archeological, historical, environmental, or other studies.
GRANTEE shall have the right to place temporary poles, towers, anchorages, guys, and supporting structures for use in erecting or
repairing the PROJECT(s). GRANTEE shall have the right to use such portions of the property along and adjacent to the EASEMENT
PROPERTY and right-of-way as may be reasonably necessary in connection with the PURPOSE stated, or anyone or more of them
relating to the PROJECT(s), or any part thereof.
ACCESS: GRANTEE shall have the right of pedestrian, equipment, and vehicular ingress and egress at all times upon and across the
EASEMENT PROPERTY for the above stated PURPOSE. GRANTEE shall also have the right of pedestrian, equipment, and vehicular
ingress and egress over existing roads across the adjacent or remainder property of GRANTOR for the purpose of obtaining access. In the
event that access is not reasonably available over existing roads, GRANTEE shall have the right of reasonable pedestrian, equipment, and
vehicular ingress and egress over the adjacent property of GRANTOR along any route that is reasonable and appropriate under the
circumstances then existing in order to obtain access. GRANTEE shall have the right to use such portions of the property along and
adjacent to the EASEMENT PROPERTY and right-of-way as may be reasonably necessary in connection with the construction,
reconstruction, repair or other PURPOSE stated above relating to the PROJECT(s), or any part thereof.
TERM: The EASEMENT, right-of-way, rights, other privileges and access rights granted herein, as well as the covenants made herein,
shall be perpetual and appurtenant to the land, unless expressly abandoned by the GRANTEE for a continuous period of 10 years.
STRUCTURES: GRANTOR shall not construct or locate on the EASEMENT PROPERTY any structure, obstruction or improvement.
Upon the request of GRANTEE, GRANTOR promptly shall remove from the EASEMENT PROPERTY any structure, improvement, or
obstruction at no cost to GRANTEE. Additionally, GRANTEE shall have the right to remove from the EASEMENT PROPERTY any
structure, improvement, or obstruction and GRANTOR agrees to pay GRANTEE the reasonable cost of such removal and this agreement
shall be a covenant running with the land for the benefit of GRANTEE.
DAMAGES: It is understood and agreed that the CONSIDERATION received by GRANTOR includes adequate compensation for all
damages for the initial construction and all operation and maintenance of the PROJECT(s) as well as all damages, if any, to GRANTOR'S
property which may occur in the future after the original construction of the PROJECT(s), directly resulting from GRANTEE's exercise of
any PURPOSE. GRANTEE shall not be liable for damages caused by keeping the EASEMENT PROPERTY clear oftrees, undergrowth,
brush, and obstructions.
MINERAL: GRANTOR expressly reserves all oil, gas, and other minerals owned by GRANTOR in, on, and under the EASEMENT
PROPERTY, provided that GRANTOR shall not be permitted to, and shall not allow any party to, drill or excavate for minerals on or from
the surface of the EASEMENT PROPERTY, but GRANTOR may extract oil, gas, or other minerals from and under the EASEMENT
PROPERTY by directional drilling or other means which do not interfere with or disturb GRANTEE's use of the EASEMENT
PROPERTY. GRANTOR agrees to consult with GRANTEE concerning the location of GRANTEE's facilities in the EASEMENT
PROPERTY prior to exercising GRANTOR's rights under this paragraph. GRANTOR indemnifies and agrees to hold GRANTEE
harmless for and against all losses, costs, expenses, and other claims that may be suffered by, or otherwise claimed against GRANTEE in
whole or in part due to GRANTOR's exercise of its rights under this paragraph.
OWNERSHIP: GRANTOR agrees that all poles, wires, cables, circuits, appurtenances, facilities, appliances and equipment installed
upon the EASEMENT PROPERTY shall at all times remain the property of the GRANTEE and are removable at the option of the
GRANTEE, regardless of the extent to which such items are attached or affiliated to the EASEMENT PROPERTY or any improvements
thereon, or the extent to which removal of such items may damage such items or the EASEMENT PROPERTY or improvements located
thereon.
ASSIGNMENT AND MISCELLANEOUS: This instrument, and the terms and conditions contained herein, shall inure to the benefit of
and be binding upon GRANTEE and GRANTOR, and their respective heirs, personal and legal representatives, successors, and assigns.
When the context requires, singular nouns and pronouns include the plural. When appropriate, the term "GRANTEE" includes the
employees and authorized agents of GRANTEE. GRANTEE shall have the right to assign this instrument, and the rights and privileges
hereunder in favor of GRANTEE, in whole or in part.
WARRANTY: GRANTOR warrants and shall forever defend the EASEMENT to GRANTEE against anyone lawfully claiming or to
claim the EASEMENT or any part thereof.
EXECUTED as of the EFFECTIVE DATE.
GRANTOR:
THE CITY OF THE COLONY, TEXAS
By:
Name:
Title:
~~lQ
~
THE STAlli O~O; :
COUNTY OF.~ . ~ '
This InW"r,n' ~ ""knowl,dged before me on this ~ day of ~ ' ,2006, by
\.V,..Jj IlItP--f) of The City of the Colony, Texas, a
~h.AJ
on behalf
of
said
~b hL- tJ4,.~
o ARY PUBLIC
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~ ~'''...('..y PI/"',,- I
i b~"*""""'{4 CHRISTIE NEU WILSON I
$ ; . ~ ~. E NOlarv PUblit, Slale of Texas i
i~ \~;;)i'~~~l My Commission Explres 11.22.09 II
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EXHffiIT "A"
15' UTILITY EASEMENT
A fifteen foot wide strip or parcel of land situated in the D.C. Bridges Survey, Abstract
84 in the City of The Colony, Denton County, Texas, being the part of the called 41.3239
acres tract described in the deed to City of The Colony, recorded in Volume 3463 Page
264 in the Denton County Deed Records, and being more particularly described as
follows:
BEGINNING at a found ~ inch iron rod on the west right-of-way line of the Burlington
Northern Railroad (l00' wide right-of-way) at the most easterly northeast corner of said
41.3239 acres tract, being also the southeast comer of Lot 1 Block 175 of "The Colony
No. 23", an addition to the City of The Colony recorded in Cabinet B Page 64 in the
Denton County Plat Records (DCPR);
TIIENCE South 09042'57" West, 1738.23 feet along the west line of the Burlington
Northern Railroad;
THENCE North 64023'35" West, 15.60 feet along the south side of said 41.3239 acres
tract and along the north side of Lot I Block 12 of UN orthpointe Subdivision Phase IV",
an addition to the City of The Colony recorded in Cabinet H Page 225 in the DCPR;
THENCE North 09042'57" East, 1731.50 feet along a line 15' west of and parallel to the
west line of the Burlington Northern Railroad;
THENCE South 89035'28" East, 15.20 feet along the south side of said Lot 1 Block 175
of "The Colony No. 23", to the POINT OF BEGINNING and CONTAINING 26,023
square feet of land, more or less.
5/1 0/2006
ESMT-ALLEN PARK.doc
Page 1 of 2
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SCALE: 1" = 200'
Basis of Bearing:
GPS Observations
04/17/06
CITY OF THE COLONY
Vol. 3463 Pg. 264
called 41.3239 acres
15' UTILITY EASEMENT
AREA= 26,023 SQ. FT.
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PAGE 2 OF 2
C & P RKGDIIB!DUl'lrG, J.I'1ID.
Engineering. Planning . Surveying
1801 GATEWAY BLVD - SUITE 101
RICHARDSON. TEXAS 75080 (972) 644-2800
Scale: 1"=200' 05/10/06
Job No_: 06024
DW9_ Fil,,: ESMT-AUEN PARK