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17 - Easement for Oncor Power Lines at WWTPItem No. 17 f TO: Mayor, Mayor Pro Tem and City Council Grayson Path, City Manager Robert Vine, Deputy City Manager FROM: Doug Harris, Assistant City Manager SUBJECT: EASEMENT FOR ONCOR POWER LINES AND POLES AT WWTP DATE: January 22, 2024 BACKGROUND: During phase 1 of the WWTP project new facilities will be constructed on available locations of the treatment plant grounds. Electric service will be required for the new infrastructure, Oncor is the service provider. STATUS OF ISSUE: Accommodation of electricity for new facilities requires relocation of existing Oncor power lines and poles. An easement for power lines and poles, as well as a right-of-way easement for ingress and egress to perform necessary work, is required before Oncor can complete the relocation service. Staff, Garver and Thalle have reviewed the power pole alignment presented by Oncor and determined the location to be appropriate for operations of the wastewater treatment plant. The Oncor fee for relocation/removal of the power lines and poles is $115,064.16, but no billing for the work will occur at this time is. Oncor will distribute their fee, over time, through monthly billings, once the new service is established. The easement and right of way document, Oncor Discretionary Service Agreement and survey information are attached to this memorandum. BUDGET: No budget is required for authorization of the easement. OPTIONS: 1. Authorize the Mayor to sign the Easement and Right of Way Document and the Oncor Discretionary Service Agreement. 2. Deny the Mayor from signing the Easement and Right of Way Document and the Oncor Discretionary Service Agreement. RECOMMENDATION: 1. Authorize the Mayor to sign the Easement and Right of Way Document and the Oncor Discretionary Service Agreement. PT #: 2023-7544 District: EAST WO#: 20392661 ER#: EASEMENT AND RIGHT OF WAY THE 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 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, located at 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, their 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 poles, guys, anchors, wires and cables, supporting structures, surface mounted equipment, transformers, switchgears, auto - transformers, conduits, manholes, vaults, and all necessary or desirable appurtenances over, under, through, across, and upon 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 above described, is based on preliminary surveys only, and Grantor hereby agrees that the easement and right -of way and its general dimensions hereby granted 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 road 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 the Grantee, interfere with the exercise by the 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 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. EXECUTED this day of , 2024. GRANTOR: CITY OF PARIS By: Reginald B. Hughes - Mayor STATE OF TEXAS § COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared REGINALD B. HUGHES, 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 CITY OF PARIS, as the MAYOR, thereof, for the purposes and consideration therein expressed, in the capacity therein stated and he is authorized to do so. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of . A. D. 2024. Notary Public in and for the State of Texas EXHIBIT A ONCOR Electric Delivery Company, LLC Metes and Bounds Description 20' Electric Easement 0.8091 Acre Lamar County, Texas November 2023 Being 0.8091 acre of land situated approximately 6.8 miles North 08°12' East of the Lamar County Courthouse being part of the Samuel Worthington Survey, Abstract Number 983, being part of a called 28.74 acre tract of land conveyed from the United States of America to the City of Paris on March 1, 1950 by Deed recorded in Volume 316, Page 67 of the Deed Records of Lamar County, Texas and being part of a called 3.04 acre tract of land conveyed from George Robbins and wife, Virginia Robbins to the City of Paris on January 19, 1979 by Warranty Deed recorded in Volume 609, Page 917 of the Deed Records of Lamar County, Texas. The said 0.8091 acre tract of land fully described by metes and bounds as follows: Beginning at a 6 inch wood fence comer found (Controlling Monument, hereafter referred to as CM) at the Southwest comer of the aforementioned called 3.04 acre tract and an interior corner of a tract of land conveyed from Edgar Ray Ground and wife, Mildred Louise Ground to Jack D. Bestman and wife, Pamela F. Bestman on March 27, 1997 by Warranty Deed recorded in Volume 677, Page 56 of the Real Property Records of Lamar County, Texas; Thence North 01'53'18" West, along the common boundary line of the aforementioned called 3.04 acre tract and the aforementioned Besteman tract, a distance of 88.10 feet to a point for easement corner from which a '/x inch capped (Whitley] iron rod found bears North 01 *53'18" West 25.26 feet; Thence across the aforementioned called 3.04 acre tract and the aforementioned called 28.74 acre tract the following calls: North 05°00'38" East 382.62 feet, North 64029146" East 167.06 feet, North 16044144" West 21.42 feet, North 73°15'l 6" East 20.00 feet, South 16°44'44" East 21.19 feet, North 80029124" East 330.00 feet, North 09030'36" West 10.00 feet, North 80°29'24" East 20.00 feet, South 09030'36" East 10.84 feet, North 85°31'51" East 239.69 feet, South 04°28'09" East 20.00 feet, South 85031151" West 35.86 feet, South 00039130" West 141.46 feet, North 89020130" West 20.00 feet, North 00°39'30" East 139.66 feet, South 85031151" West 192.47 feet, South 80°29'24" West 160.69 feet, South 25°31'00" East 106.34 feet, South 04°19'27" West 94.44 feet, South 05°56'53" West 65.64 feet, North 84003107" West 20.00 feet, North 05°56'53" East 65.36 feet, North 04019'27" East 88.83 feet, North 25°31'00" West 106.75 feet, South 80029124" West 49.95 feet, South 09022'06" East 94.77 feet, South 80037154" West 20.00 feet, North 09022106" West 94.72 feet, South 80°29'24" West 95.51 feet, South 64029'46" West 162.81 feet, South 05000'38" West 369.98 feet, South 01053115" East 88.93 feet to the common boundary line of the aforementioned called 3.04 acre tract and the aforementioned Besteman tract; Thence North 89°06'42" West, along the common boundary of the aforementioned called 3.04 acre tract and the aforementioned Bestman tract, a distance of 20.10 feet to the place of beginning and containing 0.8091 acre of land. NOTES 1. The Reference Bearing for the tract of land described hereon is NAD 1983 Texas State Plane Coordinate System Zone 4202. 2. A one page 11"x17" sized survey plat accompanies this metes and bounds description. 3. Easement corners were not monumented in the field. I, KEVIN K. WHITLEY, REGISTERED PROFESSIONAL LAND SURVEYOR, #5892, STATE OF TEXAS, DO HEREBY CERTIFY THAT THE ABOVE DESCRIPITON IS TAKEN FROM MEASEUREMENTS UP THE GROUN AND WAS COMPLETED ON NOVEMBER 9, 2023. OF T �" KEVIN K. WHITLEY, El,l'l, DATE LEY HAITERv° ... eH61M8ERIn6 4 �5892 . PAGE TWO OF TWO} Ilractical Infrastructure ` 4445 SE Loop 286 1 Paris, TX 754601 P903.785.0303 I TxSury F -10028600y NM TEAN 56 CITY OF PARIS DR VOL 316, PO 67 CALLED 25.74 ACRES SAMUEL WORTHINGTON SURVEY A-983 MF . BESTEMAN & ELA F. SF.STEMAN 3L 677, PG 56 LEGEND • CIRF os453'1 ♦ FC FENCE CORNER POST x POINT FOR EASEMENT CORNER �L-2�7N 1-W 25.29 COUNTY CLERK'S DOCUMENT NUMBER OR Y . BESTEMAN & ELA F. SF.STEMAN 3L 677, PG 56 NOTES I. THEREFERENCE BEARING FOR THE TRACT OF LAND SHOWN HEREON IS NAD 1993 TEXAS STATE PLANE COORDINATE SYSTEM TONE 4202 2. A ONE PAGE METES AND BOUNDS DESCRIPTION OF THE 2D FOOT WIDE ELECTRIC EASEMENT SHOWN HEREON ACCOMPANIES THIS PLAT. 3. THIS ORIGINAL PLAT IS ON AN 11"X 17" SIZED SHEET 4. EASEMENT CORNERS SHOWN HEREON WERE NOT MONUME'NTED IN THE FIELD. 1, KEVIN K. WHITLEY. REGISTERED PROFESSIONAL LAND SURVEYOR FOR THE STATE OF TEXAS, RPLS 05392, DO HEREBY CERTIFY THAT THE PLAT SHOWN HEREIN REPRESENTS AN ACTUAL ON -THE -GROUND SURVEY CONDUCTED BY ME, COMPLETED ON NOVEMBER 9, 2023. _ - - - - EXHIBIT A ---------- ONCOR ELECTRIC DELIVERY COMPANY, LLC 20' ELECTRIC EASEMENT 0.8091 ACRES LAMAR COUNTY, TEXAS NOVEMBER 2023 d x'4"0-,-,G�4aAY'C�n PAGE ONE OF TWO LEGEND • CIRF IR"CAPPED IRON ROD FOUND ♦ FC FENCE CORNER POST x POINT FOR EASEMENT CORNER (CM) CONTROLLING MONUMENT CC0 COUNTY CLERK'S DOCUMENT NUMBER OR OFFICIAL. PROPERTY RECORDS RP REAL PROPERTY RECORDS DR DEED RECORDS PR PLAT RECORDS POB POINT OF BEGINNING — X — WIRE FENCE — — — — EXISTING PROPERTY LINE —Esw— EXISTING ACCESS EASEMENT NOTES I. THEREFERENCE BEARING FOR THE TRACT OF LAND SHOWN HEREON IS NAD 1993 TEXAS STATE PLANE COORDINATE SYSTEM TONE 4202 2. A ONE PAGE METES AND BOUNDS DESCRIPTION OF THE 2D FOOT WIDE ELECTRIC EASEMENT SHOWN HEREON ACCOMPANIES THIS PLAT. 3. THIS ORIGINAL PLAT IS ON AN 11"X 17" SIZED SHEET 4. EASEMENT CORNERS SHOWN HEREON WERE NOT MONUME'NTED IN THE FIELD. 1, KEVIN K. WHITLEY. REGISTERED PROFESSIONAL LAND SURVEYOR FOR THE STATE OF TEXAS, RPLS 05392, DO HEREBY CERTIFY THAT THE PLAT SHOWN HEREIN REPRESENTS AN ACTUAL ON -THE -GROUND SURVEY CONDUCTED BY ME, COMPLETED ON NOVEMBER 9, 2023. _ - - - - EXHIBIT A ---------- ONCOR ELECTRIC DELIVERY COMPANY, LLC 20' ELECTRIC EASEMENT 0.8091 ACRES LAMAR COUNTY, TEXAS NOVEMBER 2023 d x'4"0-,-,G�4aAY'C�n PAGE ONE OF TWO . . M ... . .. Tariff for Retail Delivery Service 6N C9,Nz, Oncor Electric Delivery Company LLC . .. . ..... . 100� 6.3 Agreements and Forms Applicable- Entire Certified Service Area Effective Date: September 21, 2009 Page I of 2 6.3.5 Discretionary Service Agreement WR # 20392661 Transaction ID: n1a This Discretionary Service Agreement ("Agreement") is made and entered Into this 4th day of January 2024 by Oncor Elfzcbir; 7-y*im;�dWffy 6 7 and City of Paris ("Customer"), a Texas Municipality each hereinafter sometimes referred to individually as "Party" or both referred to collectively as the "Parlies". In consideration of the mutual covenants set forth herein, the Parties agree as follows: 1. Discretionary Services to be Provided — Company agrees to provide, and Customer agrees to pay for, the following discretionary services in accordance with this Agreement. Day 2 FACILITIES RELOCATION/REMOVAL CHARGE of $115,064.16 described as follows: Relocate existing overhead and underground electric facilities per request at the City of Paris Waste Water treatment plant located at 393 Gate 2 Rd, Powderly, TX 75473. No billing will take -flace for this work at this time on this WO. The above amount will be included toward the cost to serve the new electric load at the wzste hwo-W, AMON.' Rules and Company's Retail Delivery Ta riff. Company's Retail Delivery Tariff is part of this Agreement to the same extent as if fully set out herein. Unless otherwise expressly stated in this Agreement, the terms used herein have the meanings ascribed thereto in Company's Retail Delivery Tariff. 3. Discretionary Service Charges — Charges for any discretionary services covered by this Agreement are determined in accordance with Company's Retail Delivery Tariff. Company and Customer agree to comply with PUCT or court orders concerning discretionary service charges. 4. Term and Termination -- This Agreement becomes effective upon acceptance by Customer and continues in effect until services are provided by Company Termination of this Agreement does not relieve Company or Customer of any obligation accrued or accruing prior to termination. & No Other Obligations — This Agreement does not obligate Company to provide, or entitle Customer to receive, any service not expressly provided for herein. Customer is responsible for making the arrangements necessary for it t o receive any further services that it may desire from Company or any third party. 6. Governing Law and Regulatory Authority -- This Agreement was executed in the State of Texas and must in all respects be governed by, interpreted, construed, and enforced in accordance with the laws thereof. This Agreement is subject to all valid, applicable federal, state, and local laws, ordinances, and rules and regulations ofd constituted regulatory authorities having jurisdiction. 7. Amendment —This Agreement may be amended only upon mutual agreement of the Parties, which amendment will not be effective until reduced to writing and executed by the Parties. But changes to applicable PUCT Substantive Rules and Companys Retail Delivery Tariff are applicable to this Agreement upon their effective date and do not require an amendment of this Agreement. I'T loumlip,� 14 0--il"i 9. Notices -- Notices given under this Agreement are deemed to have been duly delivered if hand delivered or sent by United States certified mail, return receipt requested, postage prepaid, to: (a) If to Company: Oncor 9;(Cric Delivery Gafv,?-nv Tariff for Retail Delivery Service 4c Oncor Electric Delivery Company LLC 6 tqz 6.3 Agreements and Forms Applicable: Entire Certified Service Area Effective Date: September 21, 2009 Page 2 of 2 (b) If to Customer: Rgip inald �Hugheiy 125 1 st Street SE .Rp-r.J!g TX �7460 10. Invoicing and Payment ® Invoices for any discretionary services covered by this Agreement will be mailed by Company to the following address (or such other address directed in writing by Customer), unless Customer is capable of receiving electronic invoicing from Company, in is case Company is enfitled to transmit electronic invoices to Customer. City. �f Paris n/a n/a n/a If Company transmits electronic invoices to Customer, Customer mu st make payment to Company by electronic funds transfer. Electronic invoicing and payment by electronic funds transfer will be conducted in accordance with Company's standard procedures. Company must receive payment by the due date specified on the invoice. If payment is not received by the Company by the due date shown on the invoice, 9. late fee will be calculated and added to the unpaid balance until the entire invoice is paid. The late fee will be 5% of the unpaid balance per invoice period. it. No Waiver — The failure of a Party to this Agreement to insist, on any occasion, upon strict performance of any provision this Agreement will not be considered to waive the obligations, rights, or duties imposed upon the Parties. 12. Taxes -- All present or future federal, state, muicipal, or oter lawful taxes (other than federal income taxes) applicable by reason of any service performed by Company, or any compensation paid to Company, hereunder must be paid by Customer. 13. Headings — The descriptive headings of the various articles and sections of this Agreement have been inserted for convenience of reference only and are to be afforded no significance in the interpretation or construction of this Agreement. 14Multiple C ounterparts — This Agreement may be executed in two or m ore counterparts, each of which is deemed an original but all constitute one and the same instrument. I 16. Other Terms and Conditions — (I) Customer has disclosed to Company all underground facilities owned by Customer or any other party that is not a pub[ utility or governmental entity, that are located within real property owned by Customer. In the event that Customer has failed to do so, or in t event of the existence of such facilities of which Customer has no knowledge—Company, its agents and contractors. sh nature whatsoever, to Customer, or Customer's agents or assignees, for any actual or consequential damages resulting from damage to such l undisclosed or unknown facilities. VQ Ckl��ris agrees4hatfaymentshal��evvithin3Odaysef4he-date4he-p is completed or the date theminvelce4s, received� whichever is laten (Iii) The Discretionary Service Charges provided in this agreement are for Oncor Electric Delivery facilities only and do not include any charges related to the relocation of any facilities owned by a franchised utility, governmental entity, or licensed service provider r Electri (Joint User). The customer must contact all Joint Users and make arrangements to have their facilities transferred or relocated. Onco *efivexy c2AA,*t cz,-wjt- ete, tX-e reI*c-2tiox/rerY.*vRI if ftcilities *utlixeein tXis 7,3reevieM uAfil JAM Liser(s) reAtve fteirf2cifities 2,Tq-cX��, it Ox Electric Delivery Poles. OV) (iv) Customer agrees to provide an executed Company easement and exhibit for all new electric facilities to be located in o on private property for this project. IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed by their respective duly authorized representatives. 111 RVNIA 0 1- 511 kim Signature Reginald B. Hughes Printed Name Iun Date Date