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08 - Utility Easement and Right-of-Way to Oncor - Feeder Tie and Automation ProjectItem No. 8 Memorandum TO: Mayor Mayor Pro Tem City Council FROM: Todd Mittge, City Engineer SUBJECT: Oncor Power Easement near Culbertson Park DATE: May 8, 2023 BACKGROUND: In January of this 2023, staff met with Oncor about a new electrical feeder project to provide improved power distribution and automate their system in times of power outages. This Project is a feeder tie and includes automation switches. The project will improve service for approximately 500 customer directly by increased reliability via automated switching and reduce outage time via automated switching. This projects completion will serve as a foundation for future projects to help even more customers. Additional benefits are added feeder capacity for any future load increases along the circuits. Oncor is requesting Easements in City of Paris property at Culbertson Park along the North side of Hearon Street from 13th SE to 17th SE, and along the West edge of 17th SE from Hearon Street to Neathery Street. STATUS OF ISSUE: Staff has reviewed the easement and its exhibits and believe it is a long term benefit to the City and its residents. This is being presented to the City Council for consideration. BUDGET: This item will have zero impact on the budget. OPTIONS: 1. Approve an easement in favor of the Oncor using public rights of way for power poles along the North part of Hearon Street and the West side of 17th Street SE. 2. Reject the easement proposal. RECOMMENDATION: Staff recommends approval of an easement for Oncor's feeder tie project. PT #: 2022-6751 & 2022-6764 District: Texoma WR #: 3614476 ER #- EASEMENT AND RIGHT OF WAY STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR § That City of Paris, hereinafter called "Grantor", whether one or more, for and in consideration of Ten 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 75202-1234, 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 overhead and/or underground electric supply and communications facilities, consisting of a variable number of wires and cables, supporting structures, surface mounted equipment, conduits and all necessary or desirable appurtenances over, under, through, across and upon Grantor's land described as follows: SEE EXHIBIT "A", EXHIBIT "B" and EXHIBIT "C" (ATTACHED) Together with the right of ingress and egress along and upon said easement and right-of- way and over and across Grantor's property 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 future; the right to lease wire space for the purpose of permitting others to string or lay wire or cable along said facilities; the right to prevent excavation within the easement area; the right to prevent construction of, within the easement area, any and all buildings, structures or other obstructions which, in the sole judgment of Grantee, may endanger or interfere with the efficiency, safety, and/or convenient operation of said facilities and their appurtenances and the right to trim or remove trees or shrubbery within, but not limited to, said easement area, including by use of herbicides or other similar chemicals approved by the U.S. Environmental Protection Agency, to the extent in the sole judgment of Grantee, as may be necessary to prevent possible interference with the operation of said facilities or to remove possible hazard thereto. 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 easement area for purposes not inconsistent with Grantee's use of such property, provided such use shall not, in the sole judgment of Grantee, 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 50.3200 CORPORATE ONCOR OH/UG DISTRIBUTION EASEMENT LAST REVISED 4128/09 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; and Grantor hereby binds Grantor and Grantor's heirs, successors, 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. This agreement may be executed in counterpart or in multiple originals, either one of which is as valid as the other and when taken together shall constitute one agreement. All additions, changes, deletions, insertions or attachments to this instrument are recognized by Grantors as having been made prior to the executions and " acknowledgments hereof. For recordation purposes, Grantee is authorized to detach signature and acknowledgment pages from one or more counterparts and to attach them for filing with any other executed counterparts of this Agreement. EXECUTED this day of .., 2023. GRANTOR: City of Paris By: Name: Title: STATE OF TEXAS § COUNTY OF § BEFORE ME, the undersigned authority, on this day personally appeared W...wwwww as.�._ ........... _........ for the City of Paris, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this �mm day of A. D. 2023. Notary Public in and for the State of Texas 50.3200 CORPORATE ONCOR OH/UG DISTRIBUTION EASEMENT LAST REVISED 4128/09 EXHIBIT "A" LARKIN RATTAN SURVEY ABSTRACT NO. 778 LAMAR COUNTY, TEXAS 1VEATFLERYST. (VARL4BLER.O.W) ww ww aew ww pm CULBERTSON PARK ONCOR ELECTRIC DELIVERY ALL OF BLOCK 2 AND 3, POLAND ADDITION COMPANY LLC EASEMENT BK 104, PG 397, 0.233 ACRES (10,131 SO. FT.) D.R.L.C.T. 675.43 FEET OR 40.94 RODS BEARONST. W 3 (VARMBLER.O.W.) 0 WPoV RIO WW "W C U L1 RM ww ww PG 1 OF 2 I'LATLONG3395 54044 �f - .........fey. 8a ,,,,., 50740'03"E 40.25' 0 100 200 DEFINED EASEMENT ....... .... .__._, N.T.S. 1 INCH = 100 FT. PARIS DA 29 RECONDUCTOR 61� I�p� WR3614476 0.233 ACRES (10,131 SQ. FT.) IN ISI 1[ ONCOR ELECTRIC DELIVERY LARKIN RATTAN SURVEY, A-778 COMPANY LLC EASEMENT LAMAR COUNTY, TEXAS LEGEND 1@ — — — — — ADJACENT LINE D.R.L.C.T. DEED RECORDS, Jnll7 % I ��i lP h E ®-- — �- SURVEY/ABSTRACT LINE LAMAR COUNTY, TEXAS www .1 a n d p o i n t. n o t —RIW RIGHT—OF—WAY LINE O.P.R.L.C.T. OFFICIAL PUBLIC RECORDS, LAMAR COUNTY, TEXAS Ll4100 INTERNATIONAL PLAZA METAL FENCE SUITE 240 X BARBED—WIRE FENCE ONCOR ELECTRIC DELIVERY FORT WORTH, TX 76109 IRON ROD FOUND COMPANY LLC EASEMENT (817)554-1805 TBPELS REG. NO. 10194220 FIELDED BY: RF DRAWN BY: EI CHK BY: AG REV: IR DATE: 0410512023 PROJECT No.: 22-2241-1 a LINE TABLE LINE DIRECTION LENGTH LI S88°42'00"W 67SAS' . L3 ,.. NOO°55'04"W.......IS.00'....� 13 N1184300E 675.36' __14,,,, SOI,IBOOE 1500' PG 1 OF 2 I'LATLONG3395 54044 �f - .........fey. 8a ,,,,., 50740'03"E 40.25' 0 100 200 DEFINED EASEMENT ....... .... .__._, N.T.S. 1 INCH = 100 FT. PARIS DA 29 RECONDUCTOR 61� I�p� WR3614476 0.233 ACRES (10,131 SQ. FT.) IN ISI 1[ ONCOR ELECTRIC DELIVERY LARKIN RATTAN SURVEY, A-778 COMPANY LLC EASEMENT LAMAR COUNTY, TEXAS LEGEND 1@ — — — — — ADJACENT LINE D.R.L.C.T. DEED RECORDS, Jnll7 % I ��i lP h E ®-- — �- SURVEY/ABSTRACT LINE LAMAR COUNTY, TEXAS www .1 a n d p o i n t. n o t —RIW RIGHT—OF—WAY LINE O.P.R.L.C.T. OFFICIAL PUBLIC RECORDS, LAMAR COUNTY, TEXAS Ll4100 INTERNATIONAL PLAZA METAL FENCE SUITE 240 X BARBED—WIRE FENCE ONCOR ELECTRIC DELIVERY FORT WORTH, TX 76109 IRON ROD FOUND COMPANY LLC EASEMENT (817)554-1805 TBPELS REG. NO. 10194220 FIELDED BY: RF DRAWN BY: EI CHK BY: AG REV: IR DATE: 0410512023 PROJECT No.: 22-2241-1 a PG20F2 EXHIBIT "A" Being a 0.233 acre (10,131 SO. FT.) Oncor Electric Delivery Company, LLC electric easement situated in the Larkin Rattan Survey, Abstract Number 778, Lamar County, Texas, and being part of a tract of land called All of Block 2 and 3, Poland Addition, recorded in Book 104, Page 397, Deed records, Lamar county, Texas. and being more particularly described by metes and bounds as follows: Beginning at o point in the South line of said Culbertson Park, some being in the common North Right—of—Way line of Heoron Street, from which an iron rod found in the South Right—of—Way line of Heoron Street bears S07'40'03"E, o distance of 40.25 feet; THENCE S88'42'00"W, with said common line, a distance of 675.48 feet to the Southwest corner of said Culbertson Pork, some being o point in said North Right—of—Way of Heoron Street, also some being a point in the East Right—of—Way line of 13th Street Southeast; THENCE N00'55'04"W, with the West line of Culbertson Pork, some being said East Right—of—Way line of 13th Street Southeast, o distance of 15.00 feet to a point in said West line of said Culbertson Park; THENCE over and across said Culbertson Park the following courses and distances: N88'42'00"E, o distance of 675.38 feet to o point, from which on iron rod found within said Culbertson Pork bears N1O'36'33"W, o distance of 138.56 feet; SOV18'00"E, a distance of 15.00 feet to the POINT OF BEGINNING and containing 0.233 acres (10,131 SO. FT.) of land, more or less. Oncor Electric Delivery Company, LLC electric line having o length of 675.43 feet or 40.94 rods. -The basis of bearings for this survey is the Texas State Plane Coordinate System, North Central Zone 4202 North American Datum 1983. PARIS DA 29 RECONDUCTOR 1 0.233 ACRES (10,131 SQ. FT.) IN 6 WR3614476 LARKIN RATTAN SURVEY, A-778 NCR. ONCOR ELECTRIC DELIVERY LAMAR COUNTY, TEXAS COMPANY LLC EASEMENT I, Ted Allen Gossett, -.. certify that this exhibit was prepared under my direct supervision from a survey mode on the ground on 03/10/2023, that this plot correctly represents the facts found at the time of said survey. i("WV Ted A. Gossett State of Texas R.P.L.S. No. 5991 04/19/2023 FIELDED BY: RF DRAWN BY: EI 11.14NI)POIN'Tou w w w. l a n d p o l n It. n at 4100 INTERNATIONAL PLAZA SUITE 240 FORT WORTH, TX 76109 (817)554-1805 TBPELS REG. NO. 10194220 CHK BY: AG REV: IR DATE: 04/05/2023 PROJECT No.: 22-2241-1 EXHIBIT "B" LARKIN RATTAN SURVEY ABSTRACT NO. 778 LAMAR COUNTY, TEXAS NEATHERYST. (VAMBLER.O.W.) L3 R,W ww RM .' S45'33'O6'W 18.05' ONCOR ELECTRIC DELIVERY COMPANY LLC EASEMENT 0.113 ACRES (4,921 SO. FT.) 164.03 FEET OR 9.94 RODS CULBERTSON PARK ALL OF BLOCK 2 AND 3, POLAND ADDITION BK 104, PG 397, D.R.LC.T. _ .0LAT 33-6 PG 1 OF 2 nn ..... ww ww ww ww p1w A L1 s HEARONST. \o� (VAMBLER.O.W.) RM aAu aFry wov 0 U W 0z Lu 1� QQ t M W A p 0 40 80 DEFINED EASEMENT ww IVW ww 1 INCH = 40 FT. PARIS DA 29 RECONDUCTOR 0.113 ACRES (4,921 SQ. FT.) IN NC^e VVR3614476 LARKIN RATTAN SURVEY, A-778 ONCOR ELECTRIC DELIVERY LINE TABLE LAMAR COUNTY, TEXAS LEGEND ''. LINE DIRECTION LENGTH Oi — SURVEY/ABSTRACT LINE LAMAR COUNTY, TEXAS ''..... Ll S68°42'00"W 3007.... METAL FENCE LAMAR COUNTY, TEXAS 4100 INTERNATIONAL PLAZA LS NOO'33'46'W 163.96'm. FORT WORTH. TX 76109 ®ONCOR 4), IRON ROD FOUND COMPANY LLC EASEMENT ,.......„... '.. L3 N88"16'51"E .. ............................ 30.00' FIELDED BY: RF DRAWN BY: EI CHK BY: AG REV: IR DATE: 03/27/2023 ..................... ......... L4 ._. SOD°33'46"E 164.09' '.. L3 R,W ww RM .' S45'33'O6'W 18.05' ONCOR ELECTRIC DELIVERY COMPANY LLC EASEMENT 0.113 ACRES (4,921 SO. FT.) 164.03 FEET OR 9.94 RODS CULBERTSON PARK ALL OF BLOCK 2 AND 3, POLAND ADDITION BK 104, PG 397, D.R.LC.T. _ .0LAT 33-6 PG 1 OF 2 nn ..... ww ww ww ww p1w A L1 s HEARONST. \o� (VAMBLER.O.W.) RM aAu aFry wov 0 U W 0z Lu 1� QQ t M W A p 0 40 80 DEFINED EASEMENT r N.T.S. 1 INCH = 40 FT. PARIS DA 29 RECONDUCTOR 0.113 ACRES (4,921 SQ. FT.) IN NC^e VVR3614476 LARKIN RATTAN SURVEY, A-778 ONCOR ELECTRIC DELIVERY �JI�. COMPANY LLC EASEMENT LAMAR COUNTY, TEXAS LEGEND '' — — — — — ADJACENT LINE R.L.C.T. DEED RECORDS. Oi — SURVEY/ABSTRACT LINE LAMAR COUNTY, TEXAS www , l a n d p o i n t. n o t — RAN RIGHT–OF–WAY LINE O.P.R.L.C.T. OFFICIAL PUBLIC RECORDS, METAL FENCE LAMAR COUNTY, TEXAS 4100 INTERNATIONAL PLAZA SUITE 240 X BARBED–WIRE FENCE ELECTRIC DELIVERY FORT WORTH. TX 76109 ®ONCOR 4), IRON ROD FOUND COMPANY LLC EASEMENT (817)554-1805 TBPELS REG. NO. 10194220 FIELDED BY: RF DRAWN BY: EI CHK BY: AG REV: IR DATE: 03/27/2023 PROJECT No.: 22-2241-1 PG20F2 EXHIBIT "B" LEGAL DESCRIPTION Being a 0.113 acre (4,921 SO. FT.) Oncor Electric Delivery Company, LLC electric easement situated in the Larkin Rattan Survey, Abstract Number 778, Lamar County, Texas, and being port of o tract of land called All of Block 2 and 3, Poland Addition, recorded in Book 104, Page 397, Deed records, Lamar county, Texas. and being more particularly described by metes and bounds as follows: Beginning at a point in the South line of said Culberston Pork, some being in the common North Right-of-Woy line of Heoron Street, from which an iron rod found in the South Right -of -Way line of Heoron Street bears S22'52'28"E, o distance of 43.01 feet; .THENCE S8842'00"W, with said common line, a distance of 30.00 feel; THENCE N00'33'46"W, over and across said Culbertson Park, a distance of 163.96 feet to a point in the North line of said Culbertson Pork, some being the common South Right -of -Way line of Neothery Street; THENCE N88'26'51"E, with said common line, a distance of 30.00 feet to a point, from which on iron rod found within said Culbertson Park bears S45'33'06"W, a distance of 18.05 feet; THENCE S00'33'46"E, over and across said Culbertson Park, a distance of 164.09 feet to the POINT OF BEGINNING and containing 0.113 acres (4,921 SO. FT.) of land, more or less. Oncor Electric Delivery Company, LLC electric line having a length of 164.03 feet or 9.94 rods. *The basis of bearings for this survey is the Texas State Plane Coordinate System, North Central Zone 4202 North American Datum 1983. PARIS DA 29 RECONDUCTOR 0.113 ACRES (4,921 SQ. FT.) IN NCD WR3614476 LARKIN RATTAN SURVEY, A-778 R• ONCOR ELECTRIC DELIVERY LAMAR COUNTY, TEXAS COMPANY LLC EASEMENT I, Ted Allen Gossett, certify that this exhibit was prepared under my direct supervision from a survey mode on the ground on � 03/10/2023, that this plot correctly, represents the facts found at the time of s'p��._'d survey � - www.landpolnt.net r I �� J � � 4100 INTERNATIONAL PLAZA / fl w r T% , ... FORT WORTH, 76109 Ted A. Gossett State of Texas R P.L.S. No. 5991 (817)554-1805 04/19/2023 TBPELS REG. NO. 10194220 FIELDED BY: RF DRAWN BY: EI CHK BY: AG REV: IR DATE: 03/27/2023 PROJECT No.: 22-2241-1 NEATFIERYST. (VARIABLER.O.W.) LARKIN RATTAN SURVEY ABSTRACT NO. 778 LAMAR COUNTY, TEXAS CULBERTSON PARK ALL OF BLOCK 2 AND 3, POLAND ADDITION BK 104, PG 397 D.R.L.C.T. ONCOR ELECTRIC DELIVERY COMPANY LLC EASEMENT 0.057 ACRES (2,487 SO. FT.) 165.82 FEET OR 10.05 RODS L4 I...SOI°18'00"E 16S.E5', ani ww ww —RW—RM — ILEARONST. s aS 10 (VARIABLER.O.W.) �. 4516 SHALOM SASSON ° s INST. NO. 201378-2023 �^ i D.R.L.C.T. .,. Rm / I� i EXHIBIT "C" b I PG 1 OF 2 { W LINE TABLE ''. LINE ..... ...... DIRECTION LENGTH ''. 11 SEE"42'00"W 15.00' L2 N01*18VD"W 165.79- L3 1188°26'51"E 15.00' L4 I...SOI°18'00"E 16S.E5', ani ww ww —RW—RM — ILEARONST. s aS 10 (VARIABLER.O.W.) �. 4516 SHALOM SASSON ° s INST. NO. 201378-2023 �^ i D.R.L.C.T. .,. Rm / I� i EXHIBIT "C" b I PG 1 OF 2 { W O ZW ^0W Wy i y M1 , l 0 30 60 DEFINED EASEMENT N.T.S. 1 INCH = 30 FT. PARIS DA 29 RECONDUCTOR WR3614476 6 0,057 ACRES (2,487 SQ. FT.) IN N�^e J14 ONCOR ELECTRIC DELIVERY LARKIN RATTAN SURVEY, A-778 COMPANY LLC EASEMENT LAMAR COUNTY, TEXAS LEGEND 11ANDPOINT.ADJACENT LINE D.R.L.C.T. DEED RECORDS. — SURVEY/ABSTRACT LINE LAMAR COUNTY, TEXAS www . 1 a n d p o l n t. n o t — RAN RIGHT–OF–WAY LINE O.P.R.L.C.T. OFFICIAL PUBLIC RECORDS, ❑ METAL FENCE LAMAR COUNTY, TEXAS 4100 INTERNATIONAL PLAZA SUITE 240 X BARBED–WIRE FENCE ONCOR ELECTRIC DELIVERY FORT WORTH, TX 76109 IRON ROD FOUND COMPANY LLC EASEMENT (817)554-1805 TBPELS REG. NO. 10194220 FIELDED BY: RF DRAWN BY: EI CHK BY: AG REV: IR DATE: 03127!2023 PROJECT No.: 22-2241-1 PG20F2 EXHIBIT "C" LEGAL DESCRIPTION Being a 0.057 acre (2,487 SO. FT.) Oncor Electric Delivery Company, LLC electric easement situated in the Larkin Rotton Survey, Abstract Number 778, Lamar County, Texas, and being part of a tract of land tolled All of Block 2 and 3, Poland Addition, recorded in Book 104, Page 397, Deed records, Lamar county, Texas. and being more particularly described by metes and bounds as follows: Beginning at the Southeast corner of said Culbertson Park, some being in the common North Right-of-Woy line of Hearon Street, some being a point in the West Right-of-Woy line of 17th Street Southeast, from which an iron rod found at the Northeast corner of o tract of land conveyed to Sasson Shalom by deed of record in Instrument Number 201378, in Deed Records Lamar County, Texas (D.R.L.C.T.) bears S13'41'13"E, a distance of 40.95 feet; THENCE S88'42'00'W, with the South line of said Poland addition, some being said North Right -of -Way line of Hearon Street, a distance of 15.00 feet to a point, from which an iron rod found within the Right -of -Way of Hearon street bears S70'45'16"W, a distance of 114.45 feet; THENCE NO1'18'00"W, over and across sold Poland addition, o distance of 165.79 feet to a point in the North line of said Culbertson Park, some being in the common South Right-of-Woy line of Neathery Street; THENCE N88'26'51 "E, with said common line, o distance of 15.00 feet to the Northeast corner of said Poland addition, some being in the West Right -of -Way line of 17th Street Southeast; THENCE S01'18'00"E, with the East line of said Poland addition, some being said West Right -of -Way line of 17th Street Southeast, o distance of 165.85 feel to the POINT OF BEGINNING and containing 0.057 acre (2,487 SO. FT.) of land, more or less. Oncor Electric Delivery Company, LLC electric line having a length of 165.82 feet or 10.05 rods. *The basis of beorings for this survey is the Texas Stole Plane Coordinate System, North Central Zone 4202 North American Datum 1983. PARIS DA 29 RECONDUCTOR 6�c:p �.WR3614476 0.057 ACRES (2,487 S E ,A- IN ONCOR ELECTRIC DELIVERY LARLA RATTAN SURVEY, A-778 COMPANY LLC EASEMENT LAMAR COUNTY, TEXAS I, Ted Allen Gossett, certify that this exhibit was prepared under my direct supervision from a survey mode on the ground on 03/10/2023, that this plat correctly represents the facts found at the time of said survey. Y I f 111 IJ Ted A. Gossett State of Texas R.P.L.S. No. 5991 04/19/2023 J1110""POIN 13 www.landpol nt.not 4100 INTERNATIONAL PLAZA SUITE 240 FORT WORTH, TX 76109 (817)554-1805 TBPELS REG. NO. 10194220 FIELDED BY: RF DRAWN BY: EI CHK BY: AG REV: IR DATE: 03/27/2023 PROJECT No.: 22-2241-1