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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 9 of Oc�' -L0 s s' •JF. 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. Grid to surface scale factor = 1.00009742 L wacol C kc - W� 4a+. M4 1 ..,,I 1;4 2 1. I v%*m H:tk, el },{},{-O �T. f, s "n w 31.E 0 .-T-4 SOV:N, . ......... . .. T 4 1•.530'W L' 11.1;. LL FTC 7� 1 .......... CNN F1�5 ........... V.chitD F:: .s M'SI-J I.-NA COLN" Fq. ?25 ANFJ y A — 3 val. 45�, lqi Q c, a ............. S:V'RYD, A-71 6 ............... .......... . .................... .......... .............. q. ....... ........... ........ ........... ....... .......... ........ .......... ......... EXH151T 8 .......... ......... .......... pl, M! M Ll 0 r.'r. ;:Li 0 .1 OMCOP ELECTRIC nLNSV 15 'WIDE EASEM111T h !n n of . c4lgm Pm.7mill sum ..kjvM 5% 1M6 2M �xph 3cs;c t, 2 1 li �►1rN 25.617 Aqcal fey L L'Ily Ur Wj�MJJA �aLL:) .... . ..... . ........... . AND MON C, BODDY P.O.B, !V I L A-3 S�LDO' �.D SU ON 1156 L. Lq�DAR'.' S-'AVL�. A 29 PRI FROI 7M rURN !X) MJN A I LS k.4 C P. AIR RTJ Rcu:h. I ................... PS,JllJ AM,�T, 2U1. % Pg 0 �'Ovd t A s s 7—. CNN i r. Ll Ll - T-3 55, I v%*m T s - 2 w :.70• FA 1 , },{},{-O �T. f, s "n w 31.E 0 LL" SOV:N, LL FTC 7� 1 .......... CNN F1�5 ........... V.chitD F:: .s M'SI-J I.-NA COLN" Fq. ?25 ANFJ y A — 3 val. 45�, lqi Q c, a ............. S:V'RYD, A-71 6 ............... .......... . .................... .......... .............. q. ....... ........... ........ ........... ....... .......... ........ .......... ......... EXH151T 8 .......... ......... .......... pl, M! M Ll 0 r.'r. ;:Li 0 .1 OMCOP ELECTRIC nLNSV 15 'WIDE EASEM111T h !n n of . c4lgm Pm.7mill sum ..kjvM 5% 1M6 2M �xph 3cs;c t, 2 1 li �►1rN 25.617 Aqcal fey L L'Ily Ur Wj�MJJA �aLL:) .... . ..... . ........... . AND MON C, BODDY P.O.B, !V I L A-3 S�LDO' �.D SU ON 1156 L. Lq�DAR'.' S-'AVL�. A 29 PRI FROI 7M rURN !X) MJN A I LS k.4 C P. AIR RTJ Rcu:h. I ................... PS,JllJ AM,�T, 2U1. % Pg 0 �'Ovd t A s s 7—. CNN i r. Ll Ll 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 Macon C. Soddy Vol. 461, Pg. 194 do Vol. 461, Pg. 205 D.R.,c.Co.,Tx_ S 6p) rp' �� �R�3 ep• eo• �L - LEGEND - e NAR SET UNLESS 07HOWSE NOTO —x — FENCE WvnmUNE f SURVEY UNE f PROPERTY UNE TANGENT TASL No. Seoring Diet. T -1 N 19'13'39" W 24.24' T -5.. 77--1 9 T -4•. T -3 T -3 CNN 1156 T -2" Macon C. Soddy T-1 - Vol. 461, Pg. 194 & Vol. 461, Pg. 205 T -6 D.R.,C.Co.,Tx. 12.86' S, Property Inset —not to Scale- 9 CNN 1158 City of Wichita Falls Vol. 379, Pg. 726 O.R.,C.Co.,Tx. and Macon C. Soddy Vol. 461, Pg. 194 do Vol. 461, Pg. 205 D.R.,c.Co.,Tx_ S 6p) rp' �� �R�3 ep• eo• �L - LEGEND - e NAR SET UNLESS 07HOWSE NOTO —x — FENCE WvnmUNE f SURVEY UNE f PROPERTY UNE TANGENT TASL No. Seoring Diet. 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