Ord 40-2012 8/7/2012ORDINANCE NO. 40 -2012
Ordinance Granting An Easement and Right -of -Way Across City
Owned Property in Clay County Consisting of 30.441 Acres For The
Oncor Riley -Krum West Electric Transmission Line
WHEREAS, the 2005 Texas Legislature directed the Public Utility Commission
(PUC) to develop a transmission plan to meet the state's increased renewable energy
goals and the PUC has approved the route necessary for the transmission line, and
WHEREAS, Oncor Electric Delivery Company, LLC and City staff have
extensively negotiated easement language indicated on the attached Easement and
Right -of- Way."
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
In consideration of the receipt of $91,353.00 for the cost of the 30.441 acre
easement, the City Manager is authorized to execute the attached "Easement and
Right -of- Way ", with changes to form and additional documentation as approved by the
City Attorney.
PASSED AND APPROVED this the 7t" day of August, 2012.
MAYOR
ATTEST:
City Clerk
Line Name: Riley -Krum West 345 kV
CCN # 1158 Easement #: E- 272029
WA #: 11T80004
EASEMENT AND RIGHT OF WAY
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF CLAY §
That, CITY OF WICHITA FALLS, a municipality of the State of Texas,
hereinafter called "Grantor ", whether one or more, for and in consideration of $ Ten and
no /100 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, 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 one double
circuit electric transmission power line consisting of a variable number of wires and
cables, including communication wires to be used solely in connection with the
transmission of electricity, together with all necessary or desirable appurtenances
including supporting structures, foundations, guy wires and guy anchorages (the
"Facilities ") over, under, across and upon all that certain tract(s) of land located in Clay
County, Texas, more particularly described in Exhibits A and B, attached hereto and
made part hereof.
Together with, but subject to Grantor's right to inundate all or any portion of
Grantor's property, (1) the right of ingress and egress over and along the easement and
right -of -way for the purpose of and with the right to construct, operate, improve,
reconstruct, replace, repair, inspect, patrol, maintain and add or remove such electric
power and communications lines or other Facilities as the Grantee may from time to
time find necessary, convenient or desirable to erect thereon during the initial
construction of the Facilities or at any time thereafter; (2) the right to install gates in all
existing and future fences crossing the easement and right -of -way, provided such gates
will be installed in a manner that will not weaken such fences; (3) the right to relocate its
facilities on the easement and right -of -way; (4) the right to trim and cut down trees and
shrubbery on the easement and right -of -way, including, prior to construction of the Lake
Ringgold, by use of herbicides or other similar chemicals approved by the U.S.
Environmental Protection Agency, to the extent necessary to prevent possible
interference with the operation of said lines or to remove possible hazard thereto;
provided, however that no herbicides shall be used by Grantee without Grantor's
consent on any part of the easement and right of way inundated with water after the
Ringgold Reservoir has been constructed; and (5) the right to remove at Grantor's
expense or to prevent the construction on the easement and right -of -way of buildings,
structures and obstructions to the extent said buildings, structures, or obstructions
interfere with access to, operation of or construction of the Facilities.
Except with respect to Grantor's right to inundate all or any portion of Grantor's
Property as such right is more particularly described below, Grantor shall not make or
cause any changes in grade, elevation, or contour of the land (except those activities,
excluding terracing, associated with normal agricultural activities) within the easement
and right -of -way that will or is likely to endanger the integrity of the Facilities on the
easement and right -of -way or cause said Facilities to fail to comply with the National
Electrical Safety Code. If any change in grade, elevation or contour of the land by
Grantor does endanger the Facilities or cause the Facilities to fail to comply with the
National Electrical Safety Code, Grantor shall, upon demand from Grantee, at Grantor's
expense, restore the easement and right -of -way to its previously existing condition, or
reimburse Grantee fully for the cost of adjusting its Facilities as necessary to
accommodate the change in grade, elevation or contour of the land.
Except with respect to Grantor's right to inundate all or any portion of Grantor's
Property as such right is more particularly described below, Grantor shall not perform
any excavations, trenching, or other soil disturbing activities (except those activities,
excluding terracing, associated with normal agricultural activities) that will or is likely to
endanger the integrity of the supporting structures and /or foundations or other Facilities,
as applicable, or perform any other activities that may remove, reduce, or adversely
affect or impact the lateral support of the supporting structures and /or foundations or
other Facilities, as applicable, without first providing advance notice and obtaining prior
written consent to do so from Grantee. If prior written consent is not obtained by
Grantor prior to performing any excavation, trenching or other soil disturbing activity on
the easement and right -of -way that endangers the integrity of the supporting structures
or foundations or other Facilities, as applicable, Grantor shall, upon demand from
Grantee, at Grantor's expense, restore the easement and right -of -way to its previously
existing condition, or reimburse Grantee fully for the cost of adjusting its Facilities as
necessary to accommodate the excavation, trenching, or soil disturbing activity in the
event Grantor fails to promptly restore the easement and right -of -way to its previously
existing condition or cannot do so.
Grantor retains the right to inundate all easements, right -of -way, and other
property rights conveyed pursuant to this document. Grantor's proposed lake is
expected to be known as Lake Ringgold. The proposed Lake Ringgold will exceed
3000 acres of surface area, and Grantor currently intends to permit sailboats thereon.
Grantee will ensure that all towers and electric lines across the proposed area of Lake
Ringgold will be capable of handling permanent inundation at 846.5 feet above sea
level. At the inundation level of 846.5 feet above sea level, Grantee will ensure that all
lines across the water will be at sufficient height above the water level and otherwise
comply with the National Electrical Safety Code.
Inundation due to the construction of Lake Ringgold or any flooding related
thereto shall not entitle Grantee to damages or payment for any property rights within
the easement and right -of -way described herein; provided, however that the foregoing
waiver of Grantee's right to damages and payment for property rights shall not be
effective if the permanent inundation level is increased above the level set forth herein
without Grantee's prior written consent thereto, which consent shall not be
"Z: \Oncor Electric Delivery (Old L Drive) \Operations - 4000001400005 - Real Estate Transmission \CREZ PROJEC RBurford Ryburn \Riley to
Krum West (Oklaunion to Krum West) \City of Wichita Palls CCN 1158\1 158 -- 13-asement (FINAL 6- 12- 12).doc VERSION 051311
EASEMENT AND RIGHT OF WAY Page 2
unreasonably withheld, conditioned or delayed. In addition, Grantee will not oppose the
construction of the Lake Ringgold reservoir facilities or the issue of permits for the
construction of said reservoir.
Grantor reserves the right to use the easement and right of way area provided
such use shall not include the growing of trees thereon or any other use that will
interfere with the exercise by the Grantee of the rights hereby granted. Grantor further
reserves the right to lay out, dedicate, construct, maintain and use across said strip
such roads, streets, alleys, railroad tracks, underground telephone cables and conduits
and gas, water and sewer pipe lines as will not interfere with Grantee's use of said land
for the purpose aforesaid, provided all such facilities shall be located at angles of not
less than 45 degrees to any of Grantee's lines, unless Grantee has received written
notice of Grantor's intent to locate such facilities at lesser angles and has not objected
to Grantor's intended placement within 30 days of Grantee's receipt of said notice„ and
shall be so constructed as to provide with respect to Grantee's Facilities the minimum
clearances provided by law and recognized as standard in the electrical industry, as
same may change from time to time. Notice required hereunder shall be sent to Oncor
Electric Delivery Company LLC, Attn: Transmission Engineering, 115 W. 7th Street,
Suite 505, Fort Worth, TX 76102. Grantor also reserves the right to erect fences not
more than 8 feet high across said land, provided all such fences shall have gates,
openings, or removable sections at least 16 feet wide that will permit Grantee
reasonable access to all parts of said land. Should Grantee later determine that a width
greater than 16 feet is necessary, then Grantee shall have the right granted above to
install additional or wider gates at its sole discretion, but the installation of such
additional or wider gates shall be at the sole expense of Grantee.
In addition to the consideration above recited for the easement and right -of -way
hereby granted, the Grantee will pay to the owner of the land for actual damages to
fences and improvements located on the easement and right -of -way caused by reason
of the construction, maintenance, addition or removal of said lines, provided, however,
that no such payment will be made for trimming or removal of trees growing on the
easement and right of way, nor for removal of buildings, structures, or obstructions
erected upon the easement and right -of -way after granting of this easement and right -
of -way.
TO HAVE AND TO HOLD, Grantor, for the consideration, receipt of which is
acknowledged, and subject to the reservations from and exceptions to conveyance and
warranty, grants the above described easement and right -of -way unto said Grantee, its
successors and assigns, until all of said lines and other Facilities 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
the easement and right -of -way to Grantee together with all and singular the rights and
appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's
heirs, executors, administrators, successors or assigns forever. Grantor binds Grantor
and Grantor's heirs, executors, administrators and successors to warrant and forever
defend all and singular the property to Grantee and Grantee's heirs, executors,
administrators, successors and assigns against every person whomsoever lawfully
ZAOncor Electric Delivery (Old L Drive) \Operations - 400000\400005 -Real Estate Transmission\CREZ PROIECII[3urford Rybum \Riley to
Krum West (Oklaunion to Krum WcSI) \City of Wichita Falls CCN 1158 \1 158 -- Easement (FINAL 6- 12- 12).doc VERSION 051311
EASEMENT AND RIGHT OF WAY Page 3
claiming or to claim the same or any part thereof, except as to the reservations from and
exceptions to conveyance and warranty, when the claim is by, through or under,
Grantor, but not otherwise.
When context requires, singular nouns and pronouns include the plural.
EXECUTED this day of , A.D. 2012.
The City of Wichita Falls, a Texas
municipal corporation
STATE OF TEXAS §
COUNTY OF WICHITA §
Darron J. Leiker, City Manager
BEFORE ME, the undersigned authority, on this day personally appeared Darron J.
Leiker, the City Manager of the City of Wichita Falls, a Texas municipal corporation, on
behalf of said corporation 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. 2012.
Notary Public
Accepted by Oncor Electric Delivery Company LLC:
Name:
Title:
After recording, return to:
Laura De La Paz
Oncor Electric Delivery Company
Suite 505
115W7 th Street
Ft. Worth, Texas 76102
Z.: \Oncor Electric Delivery (Old L Drive) \Operations - 400000 \400005 - Real Estate Transmission \CRUZ PROJECIIBurford RyUum \Riley to
Krum West (Oklaunion to Krum West) \City of Wichita Falls CCN 1158 \1158 -- Easement (FINAL 6- 12- 12).doc VERSION 051311
EASEMENT AND RIGHT OF WAY Page 4
Pagel of 3 CCN 1158
Riley - Krum West
E - 272029
Date: 10/20/11
9243- 75- 1 -FN -Ri
EXHIBIT A
FIELD NOTES
CITY OF WICHITA FALLS AND MACON C. BODDY
25.617 ACRE (TRACT A) & 4.824 ACRE (TRACT B) EASEMENT AREAS
All those certain lots, tracts or parcels of land being located in the ANGELINA COUNTY
SCHOOL LAND SURVEY, ABSTRACT 3 and the L. LANDART SURVEY, ABSTRACT 295,
Clay County, Texas, being a portion of those certain tracts conveyed to Macon C. Boddy by
deed recorded in Volume 461, Page 194 and Volume 461, Page 205, Deed Records, Clay
County, Texas (D.R.,C.Co.,Tx.), being a portion of Block 105 of said ANGELINA COUNTY
SCHOOL LAND SURVEY, ABSTRACT 3 per plat recorded in Volume H, Page 57, Plat
Records, Clay County, Texas, and being a portion of that certain tract in said L. LANDART
SURVEY, ABSTRACT 295, being a portion of that certain tract conveyed to City of Wichita
Falls by deed recorded in Volume 379, Page 726, D.R.,C.Co.,Tx, and being more
particularly described, by metes and bounds and in two tracts, as follows:
TRACT A
BEGINNING at a point (N 7,357,150.70 E 2,078,177.36) being located within said L.
LANDART SURVEY, being located in a South line of said City of Wichita Falls tract and
bearing North 68 degrees 48 minutes 20 seconds West a distance of 5177.79 feet from a
fence comer found for common Southeast corner of said Boddy tract, Southeast comer of
said L. LANDART SURVEY and Northeast comer of that certain 420.5 acre Tract B (Third
Tract) conveyed to BTJ Ranch, Ltd. by deed recorded in Volume 485, Page 45,
D.R.,C.Co.,Tx.;
THENCE departing said South line of said City of Wichita Falls tract and with a line being 80
feet Southerly of and parallel with the centerline of proposed transmission line, North 52
degrees 47 minutes 31 seconds West a distance of 7036.86 feet to a point being located
within said Block 105 and being located in a North line of said City of Wichita Falls tract;
THENCE with said North line of City of Wichita Falls tract and with a line having an
elevation of 844.2 (NAVD 88), the following:
North 85 degrees 30 minutes 58 seconds East a distance of 44.86 feet to a nail
set for corner,
North 71 degrees 40 minutes 07 seconds East a distance of 61.24 feet to a nail
set for comer,
North 61 degrees 34 minutes 14 seconds East a distance of 60.40 feet to a nail
set for corner, and
North 58 degrees 14 minutes 31 seconds East a distance of 26.40 feet to a point
for comer;
Page 2 of 3 CCN 1158
Riley- Krum West
E - 272029
Date: 10/20111
THENCE departing said North line of City of Wichita Falls tract and with a line being 80 feet
Northerly of and parallel with said centerline of proposed transmission line, South 52
degrees 47 minutes 31 seconds East a distance of 6921.69 feet to a point being located in
a South line of said City of Wichita Falls tract;
THENCE with said South line of City of Wichita Falls tract and with said line having an
elevation of 844.2 (NAVD 88), the following:
South 25 degrees 21 minutes 02 seconds West a distance of 41.70 feet to a nail
set for comer,
South 30 degrees 21 minutes 33 seconds West a distance of 51.08 feet to a nail
set for comer,
South 32 degrees 07 minutes 44 seconds West a distance of 52.79 feet to a nail
set for comer, and
South 60 degrees 06 minutes 29 seconds West a distance of 17.25 feet to the
point of BEGINNING, containing 25.617 acres of land.
TRACT B
BEGINNING at a point (N 7,355,327.07 E 2,080,471.62) being located in the common
South line of said City of Wichita Falls tract, South line of said L. LANDART SURVEY and
bearing South 88 degrees 54 minutes 25 seconds East a distance of 270.50 feet from a tree
found for fence comer being located in said common South line for Northwest comer of said
420.5 acre tract;
THENCE departing said common line and with a line being 80 feet Southerly of and parallel
with said centerline of proposed transmission line, the following:
North 43 degrees 41 minutes 55 seconds West a distance of 411.56 feet to a point
for corner, and
North 52 degrees 47 minutes 31 seconds West a distance of 739.17 feet to a point
being located in a South line of said City of Wichita Falls tract;
THENCE with said South line of City of Wichita Falls tract and with said line having an
elevation of 844.2 (NAVD 88), the following:
North 19 degrees 13 minutes 39 seconds West a distance of 24.24 feet to a nail
set for corner,
North 07 degrees 45 minutes 49 seconds East a distance of 46.52 feet to a nail
set for corner,
Page 3 of 3 CCN 1158
Riley - Krum West
E - 272029
Date: 10/20111
North 00 degrees 26 minutes 04 seconds East a distance of 47.60 feet to a nail
set for comer,
North 11 degrees 35 minutes 52 seconds West a distance of 48.16 feet to a nail
set for comer,
North 18 degrees 40 minutes 11 seconds West a distance of 47.28 feet to a nail
set for corner, and
North 03 degrees 41 minutes 48 seconds West a distance of 12.86 feet to a point
for comer;
THENCE departing said South line of City of Wichita Falls tract and with a line being 80 feet
Northerly of and parallel with said centerline of proposed transmission line, the following:
South 52 degrees 47 minutes 31 seconds East a distance of 907.26 feet to a point
for corner, and
South 43 degrees 41 minutes 55 seconds East a distance of 583.13 feet to a point
being located in said common South line of City of Wichita Falls tract, South line of
said L. LANDART SURVEY and bearing North 88 degrees 54 minutes 25 seconds
West a distance of 2308.30 feet from said fence corner found for common Southeast
comer of said Boddy tract, Southeast comer of said L. LANDART SURVEY and
Northeast corner of said 420.5 acre tract;
THENCE with said common line, North 88 degrees 54 minutes 25 seconds West a distance
of 225.46 feet to the point of BEGINNING, containing 4.824 acres of land.
ISAAC P. GRIER
"0 5838 P
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5 �LI ER
(See Attached EXHIBIT B)
PREPARED FROM DEED RECORDS FURNISHED AND A SURVEY
MADE ON THE GROUND AUGUST, 2011.
r.
ISAAC P. GRIER
R.P.L.S.5838
NOTE: Bearings, distances, acreages & coordinates are based on
NAD 83 Grid, North Central Zone, Texas State Plane Coordinate
System.
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Bearings, distances, acreages 8 coordinates are based on NAD 83
Grid. Norin Central Tone, Texas Slate Plane Coordinate System.
Grid to surface stele factor = 1.00009742
Original Scale : I" = 400
Q 200 400 8Q0
Graphic Scale in Feet
S,
Property Inset
—not to Scale-
9
CNN 1158
City of Wichita Falls
Vol. 379, Pg. 726
O.R.,C.Co.,Tx.
and
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Vol. 461, Pg. 205
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Property Inset
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CNN 1158
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Vol. 379, Pg. 726
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and
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Vol. 461, Pg. 205
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No.
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T -1
N 19'13'39" W
24.24'
T -2
N 0745'48" E
46.52'
T -3
N 00'26'04" E
47.60'
T -4
N 11'35'52" W
48.16'
T -5
N 18740'11" W
47.26'
T -6
N 0,741'48" W
12.86'
T -7
N 88W25' W
225.46'
T -e
S 88'5425" E
270.50'
L. LANDART SURVEY
A -295
i
Area - 4.824 Acres
U,
1" -400' RILEY - KRUM WEST
WED CLAY COUNTY, TEXAS
10/20/11 CCN 1158 E- 272029
1
x
N 88'54'25" W - 2308.30' X Fence
/� Corner
-X — -$- -X --�-X :: I i Found
VV x
W.C. DONELY SURVEY
A -129
\ EXHIBIT B
showing
ONCOR ELECTRIC DELIVERY
160' WIDE EASEMENT
being a portion of
CITY OF WICHITA FALLS
AND MACON C. BODDY
in the
L. LANDART SURVEY, A -295
Clay County, Texas
Sempco Surveying, Inc.
3208 S. Main St.
Ft. Worth, TX 76110
817 926 -7876
COR
SMELT ND,
I�
(see attached field notes) El ECTNC 2 OF 2
DELNERY
X A • \
TFancer 7X8 T -7\
Comer X
Found
I P.O.B.
P. RYERSON X TRACT 8
�F, T
�P� 1 s TeRe i9
N 7,355,327.07
SURVEY, A -391 c�►' E 2,080,471.62
x
*:
ISAAC P. CRIER >
1
X
�UR
r�a�oc
ood
PREPARED FROM DEED RECORDS FURNISHED AND A v
GROD AUGUST, 2011.
SU MADE ON UN
I C P. GRIER
X N
R,P.L.S NO. 5838
1" -400' RILEY - KRUM WEST
WED CLAY COUNTY, TEXAS
10/20/11 CCN 1158 E- 272029
1
x
N 88'54'25" W - 2308.30' X Fence
/� Corner
-X — -$- -X --�-X :: I i Found
VV x
W.C. DONELY SURVEY
A -129
\ EXHIBIT B
showing
ONCOR ELECTRIC DELIVERY
160' WIDE EASEMENT
being a portion of
CITY OF WICHITA FALLS
AND MACON C. BODDY
in the
L. LANDART SURVEY, A -295
Clay County, Texas
Sempco Surveying, Inc.
3208 S. Main St.
Ft. Worth, TX 76110
817 926 -7876
COR
SMELT ND,
I�
(see attached field notes) El ECTNC 2 OF 2
DELNERY