HomeMy WebLinkAboutResolution No. 06-097
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 06- rt11
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, WHICH 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 6th day of November. 2006.
A(JL4/~~
Christie Wilson, City Secretary
Robert E. Hager, Cit
(REH/cdb) (09/28/06
Page 2
APPROVED:
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70350
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After Recordin!!:. Return to:
Kevin W. Haney
Miller & Haney, L.L.P.
c/o 770 I South Stemmons
Corinth, Texas 76210
ELECTRIC LINE EASEMENT AND RIGHT-OF-WAY
STATE OF TEXAS
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EASEMENT NO.
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COUNTY OF DENTON >/<
EFFECTIVE DATE: Lji)O{/ 1/
GRANTOR:
The City of the Colony, Texas
GRANTOR'S MAILING ADDRESS (mduding ouunly), 1fIt. ~ td~.
-_e~ .' 7#iJ60$(p
GRANTEE: DENTON COUNTY ELECTRIC COOPERATIVE, INC.,
d/b/a COSERV ELECTRIC
770 I South Stemmons
Corinth, Texas 76210
CONSIDERATION: The provision of electrical service and/or other benefits inuring to GRANTOR and/or Ten and NollOO's doIIars
($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) of land.
PROJECT: The PROJECT(s) means electric transmission and/or electric distribution line or lines, consisting of a variable number and
sizes of wires, cables, poles, towers, and circuits, and all necessary or desirable appurtenances, appliances, facilities and equipment
(including but not limited to supporting structures, insulators, transformers, guy wires, 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
fmancing of the PROJECT(s), including but not linlited 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. GR.<\NTEE 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.
TREES: GRANTEE shall have the right to cut, trim, chemically treat with herbicides, and/or remove trees, shrubs, bushes, brush and
vegetation within or adjacent to the EASEMENT PROPERTY or otherwise necessary to realize the PURPOSE herein stated.
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 CONSlDERA nON 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 of trees, 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 sha1l 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 a1l poles, wires, cables, circuits, appurtenances, facilities, appliances and equipment installed
upon the EASEMENT PROPERTY sha1l 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:
THE STATE OF TEXAS *
COUNTY OF1)ilfld~
~?';/, admowlodgcd before ffi' on tlris~ day !!OV..eM /;:W('ftht1 1);1/ t1.kJJ
Ii J t of The City of the Colony, Texas, a ,~ behalf of said
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EXHIDIT "A"
15' UTILITY EASEMENT
A fifteen foot wide strip or parcel of land situated in the M. Hunt Survey, Abstract 624,
and in the L.B. White Survey, Abstract 1395, in the City of The Colony, Denton County,
Texas, being part of the 30.367 acres tract described in the deed to City of The Colony,
recorded in Volume 1063 Page 326 in the Denton County Deed Records (DCDR), and
part of the 20.00 acres tract described in the deed to The City of The Colony recorded in
Volume 1491 Page 978 in the DCDR, and being more particularly described as follows:
COMMENCING at a found Y2 inch iron rod at the southwest corner of the called 87.4764
acres tract described in the deed to Stewart Creek Apartments, Ud. recorded in Volume
4055 Page 383 in the DCDR;
THENCE South 89055'54" East 2620.92 feet along the south side of said Stewart Creek
Apartments, Ltd. tract and along the north side of the said 20.00 acres tract, to the POJNT
OF BEGINNING;
THENCE South 00019'36" West, 680.94 feet along the west side of Heritage Lakes Phase
4 & 5, an addition to the City of The Colony recorded in Cabinet U Page 884 in the
Denton County Plat Records (DCPR);
THENCE North 89057'19" East, 620.77 feet along the south side of said Heritage Lakes
Phase 4 & 5;
THENCE South 25007'30" East, 16.54 feet along the west side of Lot 21 Block 168 of
The Colony No. 23, an addition to the City of The Colony recorded in Cabinet B Page 64
in the DCPR;
THENCE South 89056'05" West, 642.88 feet along a line 15 feet south of and parallel to
the south side of said Heritage Lakes Phase 4 & 5;
THENCE North 00019'36" East, 696.19 feet along a line 15 feet west of and parallel to
the west side of said Heritage Lakes Phase 4 & 5;
THENCE South 89053'19" East, 15.00 feet along the north side of The Colony said 20.00
acres tract and along the south side of the Stewart Creek Apartments, Ltd. tract to the
POINT OF BEGINNING and CONTAINJNG 19,868 square feet of land, more or less.
5/10/2006
ESMT-OWEN PARK.doc
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EXHIBIT "A"
UTILITY EASEMENT
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Basis of Bearing:
GPS Observations
04/17/06
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L.B. White Survey
Abstract 1395
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TU RNER StREET PARK
mE COLONY NO. 23
CAB. B PC. 64
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CITY or THE COLONY
Vol. 1053 Pg. 326
Tract "A" coiled 30.367 ac.
Engineering. Planning . Surveying
1801 GATEWAY BLVD - SUITE 101
RICHARDSON, TEXAS 75080 (972) 644-2800
Scale: /"=100' 05/10/06
PAGE 2 OF 2 Job No.: 06024
Dwg. File: ESMT-OWE:N PARK