Ord 42-2012 8/21/2012ORDINANCE NO. 42 -2012
Ordinance Granting An Underground Electrical Easement And Right -
of -Way for Underground Electric Facilities, Consisting Of 0.18 Acres
Across City Owned Property Located At 2403 Roselawn To Oncor
Electric Delivery Company
WHEREAS, Oncor Electric Delivery Company, LLC has requested an
underground electrical easement and right -of -way, and
WHEREAS, all affected City departments have reviewed this request and
recommend approval to grant said underground electrical easement as indicated on the
attached Easement and Right -of -Way for Underground Electric Facilities, and the
City Council has determined it is in the best public interest to approve said request.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
The City Manager is authorized to execute the attached "Easement and Right -
of -Way for Underground Electric Facilities," with changes to form and additional
documentation as approved by the City Attorney.
PASSED AND APPROVED this the 21St day of August, 2012.
MAYOR
ATTEST:
City Clerk
District: Wichita Falls
WR: 3175473
ER #
EASEMENT AND RIGHT OF WAY
FOR UNDERGROUND ELECTRIC FACILITIES
STATE UP TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WICHITA
That THE CITY OF WICHITA. FALLS, TEXAS, ACTING HEREIN BY AND
THROUGH ITS DULY AUTHORIZED CITY MANAGER., hereinafter called "Grantor,"
whether one or more, for and in consideration of Ten Dollars ($ 14.00) 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 4234,
hereinafter referred to as `5Gmtee," 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 underground electric supply and communications facilities, consisting of a variable
number of wires and cables, supporting structures, conduits and all necessary or desirable
apps under, through and across Grantor's land described as follows:
SEE EXHIBIT "A" (ATTACHED)
Grantor recognizes that the general course of said lines, or the metes and bounds as
described above, is based on preliminary surveys only, and Grantor hereby agrees that the
easement and right-of-way and its general dimensions hereby grauted shall apply to the actual
location of said lines when constructed.
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, repair, remove, replace, reconstruct, abandon in place, and to
change the size and capacity of said facilities; the right to relocate said facilities in the same
relative direction of said facilities; the right to relocate said facilities in the same relative position
to any adjacent road if and as such is widened in the fixture; the right to prevent excavation
within the eascruent area; the right to prevent construction of, within the easement area, any and
all buildings, structures or other obstructions which may endanger or interfere with the
efficiency, safety, and/or convenient operation of said facilities and their appurtenances. Grantor
shall not make changes in grade, elevation or contour of the land or impound water 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 casement area for
purposes not inconsistent with Grantee's use of such property, provided such use shall not
interfere with the exercise by Grantee of the rights hereby granted.
TO HAVE AND TO HOLD the above- described easement and right -of -way unto the
said Grantee, its successors and assigns, until all of said electric lines and 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, and legal
representatives, to warrant and forever defend the above - described easement and right-of-way
unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming or
to claim the same or any part thereof,
EXECUTED this T day of
THE CITY OF WICHITA. FALLS, TEXAS
STATE OF TEAS
COUNTY OF WICIHTA
Dacron J. Leiker, City Manager
BEFORE ME, the undersigned authority, on this day personally appeared Darron J.
Leiker, City Manager of the City of Wichita Falls, Wichita County, Texas, 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 the City of Wichita Falls, Texas, and as City
Manager thereof, and for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of
.2012.
Notary Public, in and for the
State of Texas
__....-- - - - - --
Print Name of Notary Public:
My Commission Expires:
LOT 6 / f�
SOUTH R.O.W. LINE
ROSE LAWN AVE.
PLACE OF
BEGINNING
�V
y
ssil'SH
X IN
CON
IC
(FOul EXHIBIT
I F D) bti7 S.E. COR.
LOT 6, BLOCK 26,
-y COUNTRY CLUB
FSTATFS, FIRST
SECTION
112" IR
[SET1
LOT 5
ROSELAI +'!N PARK f /
CITY 0= V':'ICHITA FALLS, TEXAS q°3 / / �sl{
PROPOSED "ONCOR"
EXIST. 5 / ' / ELECTRIC F_ASEMENT-SEE GRAPHIC SCALE
SSMH �/ FIELD NOTES - EXHIBIT "B" o ias 26 so
SHEET 2 of 2 I"= 30 FEET
20.4 CL CURVE DATA
Z.5 L= 86,45'
V2" 1R (SET)
R= 291.32'
T= 43.34'
Delta= 16 °55'27"
Chord= S. 38 °24'35" E. 85.74'
N.E. CO R. ORIG I NAL
LOT 4, BLOCK 27, \ t CL CURVE DATA
COUNTRY CLUB ESTATES, , ' L= 82.53'
FIRST SEc noN R= 684 9B'
LOT 5
T= 41.32'
1121, A r Delta= 6 °54'14"
(FOUND) _ q ` Chord= 5, 24 °05'D1" E. 82.48'
O tp \\ ROSELAWN PARK
CL CURVE DATA CITY OF WICHITA FALLS, TEXAS
R-- 67.26' PROPOSED "ONCOR"
T= 46.73' ELECTRIC EASEMENT - SEE
- e Choy= S. 5808" FIELD NOTES - EXHIBIT "B"
Chord= S. 58 °59'd5" E. 76.75' SHEET 2 of 2
\ e N 89 °42'39" E N 89'38'537E
37.32' 39.98'
NORT[ -! R.p:W. LINE
BUENA VISTA Y BERKLEY DRIVE
(BACK OF CURB) GUFtB]
(60' R.O.W.)
A
°W�`n.P,IE�J�GGS IIE, REGISTEREQ P IplyALLANO suRVEYpR, W. 2867
a
JAtM.5 E. BIGGS III
0!'�Y�16¢ARSa`�'m 9 "@ OP @Jl9�a ®tell
' 2967 m
4;),1
R •Ane9M�
RP Ea'116�
F:4p3_PYajltGta12092120'I2- Iv9dwg1BflsEdvg
EXHIBIT "A"
On
LL,
FIELD NOTES EXHIBIT "B"
"ONCOR" ELECTRIC EASEMENT ACROSS ROSELAWN PARK
CITY OF WICHITA FALLS, TEXAS
A "ONCOR" ELECTRIC EASEMENT ON AND ACROSS ROSELAWN PARK, A CITY OF WICHITA
FALLS, TEXAS, DEDICATED PARK, OUT OF THE COUNTY CLUB ESTATES, FIRST SECTION, AS
RECORDED IN VOLUME 3, PAGE 86, WICHITA COUNTY PLAT RECORDS, WICHITA COUNTY,
TEXAS, AND SAID EASEMENT BEING DESCRIBED BY A CENTERLINE WHICH IS BOUND BY
LINES 5.0 FEET EACH SIDE OF AND PARALLEL WITH SAID CENTERLINE AT THE BEGINNING
AND THEN CHANGES TO A CENTERLINE BOUND BY LINES 10.0 FEET EACH SIDE OF AND
PARALLEL WITH SAID CENTERLINE PARALLEL TO BUENA VISTA WAY, AND SAID CENTERLINE
BEING DESCRIBED AS FOLLOWS:
BEGINNING AT A 112 INCH IRON ROD SET IN THE SOUTH RIGHT -OF -WAY LINE OF ROSELAWN
AVENUE, A DEDICATED STREET, SAID 112 INCH IRON ROD SEARS SOUTH 28 °15'35" WEST
43.95 FEET FROM THE SOUTHEAST CORNER OF LOT 6, BLOCK 26, COUNTRY CLUB ESTATES,
FIRST SECTION, AN ADDITION TO THE CITY OF WICHITA FALLS, TEXAS, AS RECORDED IN THE
ABOVE MENTIONED VOLUME 3, PAGE 86, WICHITA COUNTY PLAT RECORDS. AND SAID IRON
ROD BEING THE PLACE OF BEGINNING OF THE CENTERLINE OF THIS EASEMENT;
THENCE LEAVING THE SOUTH RIGHT -OE -WAY LINE OF ROSELAWN AVENUE, SOUTH 45 °57'04"
WEST 132.09 FEET TO A 112 INCH IRON ROD SET AT A POINT THAT IS 10.0 FEET NORTH OF
THE NORTH RIGHT -OF -WAY LINE OF BUENA VISTA WAY, A DEDICATEE) STREET, SAID IRON
ROD BEARS NORTH 59 °03'39" EAST 55.36 FEET FROM THE ORIGINAL NORTHEAST CORNER OF
LOT 4, BLOCK 27, COUNTRY CLUB ESTATES, FIRST SECTION, AN ADDITION TO THE CITY OF
WICHITA FALLS, TEXAS, AS RECORDED IN VOLUME 3, PAGE 86, WICHITA COUNTY PLAT
RECORDS, ANA SAID SET IRON ROD BEING A POINT OF CURVATURE;
THENCE AT 1O.0 FOOT NORTH AND PARALLEL TO THE NORTH RIGHT -OF -WAY LINE OF SAID
BUENA VISTA WAY AS FOLLOWS:
IN A SOUTHEASTERLY DIRECTION ALONG A 19.667 DEGREE CURVE TO THE RIGHT,
HAVING A RADIUS OF 291.32 FEET AND A DELTA OF 16 °55'27 ", AN ARC DISTANCE OF 86.05
FEET, THE LONG CHORD BEARS SOUTH 36 °24'35" EAST 85.74 FEET TO A POINT FOR A
COMPOUND CURVE;
IN A SOUTHEASTERLY DIRECTION ALONG A 8.364 DEGREE CURVE TO THE RIGHT,
HAVING A RADIUS OF 684.96 FEET AND A DELTA OF 6 °54'14 ", AN ARC DISTANCE OF 82.53
FEET, THE LONG CHORD BEARS SOUTH 24 °98'01" EAST 82.48 FEET TO A POINT FOR A
REVERSE CURVE;
IN A SOUTHEASTERLY DIRECTION ALONG A 85.185 DEGREE CURVE TO THE LEFT,
HAVING A RADIUS OF 67.26 FEET AND A DELTA OF 59 °35'08, AN ARC DISTANCE OF 81.68
FEET, THE LONG CHORD BEARS SOUTH 58 °59'45" EAST 76.75 FEET TO A POINT OF
NON - TANGENCY;
TH"ICE NORTH 89 °42'39" EAST 37.32 FEET TO AN ANGLE POINT OF THIS CENTER LINE OF
SAID EASEMENT;
THENCE NORTH 89 °38'53" EAST 39.98 FEET TO A POINT OF TERMINATION AND CONTAINING
(7875 SQUARE FEET) OR 0,18 ACRES, MORE OR LESS.
, - G a
JAMS G Ill. REISlERE PHOV .NAL.
LAND S!RI /EYOR, N0.2.1(7
O� .�.
4 ,
gamge ,�ms�eaao¢.sava+n..wvoa °�.a
pdaeevaaae®o v "n ".euvo®ragsc�
.w E
�':W3 P jecke1201 ZtT012.10gdw�BASEdory
EXHIBIT "B"
Location Map
Fain
Pres6ytenan
Curd
Ar
Sp ®etlw
n
KE P e
G°0
a
�2og
Avdntldl
n
22og
Bergele
b
R
4a sr �
Map tlata 02012 Google Edit In
PAGE 6 OF 7 PAGES
AGENDA ITEM NO.9B
�u' a
`�
V
pv�e O
�y4�1Jd
•,
2966
2�°`
e
�e1161'°d
P
soee��
O
11 Fargo
•ome Mortgage
Yebrkmuse
h1aeM,ery
Quo
= naa�y),7'3W
eP,a
Rai
S
`1'P
SIII .. ^.d •mik
�oL_�
-
Te %ama
• Cnr :.Kling
y
Buena Visa �
2y�
ej
RQSQIewn
C
2403 Roselawn
24 t0
2328
C7
Ave.
Berkeley Or
Berkeley pr
Cambridge Ave
Y
Fain
Pres6ytenan
Curd
Ar
Sp ®etlw
n
KE P e
G°0
a
�2og
Avdntldl
n
22og
Bergele
b
R
4a sr �
Map tlata 02012 Google Edit In
PAGE 6 OF 7 PAGES
AGENDA ITEM NO.9B
Aerial Map
PAGE 7 OF 7 PAGES
AGENDA ITEM NO.9B