22 Motion to approve a utility easement for Oncor Electic Delivery Co. LLCCITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date:
Originating Department:
Presented By:
Agenda Item No.:
08-7-08
Public Works
Shawn Napier, City Engineer
22,
Council Date:
08-11-08
RECOMMENDED MOTION:
Motion to approve a utility easement for Oncor Electric Delivery Co. LLC.
POLICY ISSUE(S):
Easement acceptance
BACKGROUND:
This easement is for an underground three phase power line and will be 20-feet wide and
89-feet long. The easement is located on the back lot of the Public Works facilities
located at 50 W. Hickory. The property is officially called City Block 251-A, Lot 16.
The existing power line is in the Hickory Street Right-of-Way and the easement will
come from that Right-of-Way line north. The electrical service is used by the City's oil
storage tank that was installed this summer and used in our seal coat operation.
BOARD/COMMISSION RECOMMENDATION:
EXHIBITS:
Resolution and utility easement
ACTION:
BUDGET INFO:
❑ Financial Report ❑ Minute Order
Expense
$
❑ Department Report Z Resolution
Budgeted Amt.
$
❑ Presentation ❑ Ordinance
y'I'D Actual
$
❑ Public Hearing ❑ Other
Acct. Name
Acct. Number
FISCAL NOTES:
REVIEWED AND APPROVED BY:
Z Administration Z City Clerk ❑ Community Development ❑ EMS/IT ❑ Finance ❑ Fire
❑ Municipal Court Z Legal ❑ Library ❑ Police Z Eng./Public Works ❑ Utilities
City of Paris Revised 2/04/08
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DRAFT
Attorney\reswork\current\Granting Easement to Oncor Electric Deliver - Public Works Res
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
AUTHORIZING THE GRANTING OF AN EASEMENT TO ONCOR ELECTRIC
DELIVERY COMPANY LLC TO PROVIDE THREE PHASE ELECTRICAL
SERVICE TO METER POLE AT OIL TANK LOCATION AT DEAD END OF
HICKORY STREET; MAKING OTHER FINDIIVGS AND PROVISIONS
RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the city of Paris has requested Oncore Electric Delivery Company LLC to
provide three phase electrical service to a meter pole at the new oil storage tank location
on the City's Public Works property at the dead end of Hickory Street and has requested a
twenty foot by eighty-nine foot (20'X 89') easement at the dead end of Hickory Street going
north on Lot 16, City Block 251-A; and,
WHEREAS, said easement is for a power service line recently installed at Public
Works for the new oil storage tank; and,
WHEREAS, the City Council finds that the above-described utility easement is
necessary for said power service line and that the same should be approved, and the Mayor
should be authorized to execute said easement on behalf of the City of Paris;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PARIS, PARIS, TEXAS:
Section 1. That the findings set out in the preamble to this resolution are hereby
in all things approved.
Section 2. That the easement requested by Oncor Electric Delivery for a power
service line at Public Works for the new oil storage tank, be, and the same is hereby
approved, and the Mayor be, and he is hereby, authorized to execute said Utility Easement
in a form acceptable to the City Attorney.
Section 3. That this resolution shall be effective from and after the date of
passage.
. UUU251
PASSED AND APPROVED this 11th day of August, 2008.
Jesse James Freelen, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
. 000252
"EXHIBIT A"
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Oncor t;f~,'~~a'1~~~ ~asem n Width ~eZpiF ~t{ivery Company LLC Easernent
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GRANTOR{s}:
Counry: Lamar Clty of Paris Block#: 251-A Lot 16
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- - - - • - • - ' - " Existing Power Line
Fence Line
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STATE OF TEXAS }
COUNTY OF LAMAR }
KNOW ALL MEN BY THESE PRESENTS:
That the City of Paris, Texas a home rule municipal corporation located in Lamar
County, Texas, (hereinafter referred to as Grantor) for and in consideration of the sum of TEN
DOLLARS ($10.00) cash, and other good and valuable consideration, to it in hand paid by
Oncor Electric Delivery Company LLC, the receipt and sufficiency of which is hereby
acknowledged, does hereby sell, give and grant unto the said Oncor Electric Delivery
Company LLC, Lamar County, Texas, (hereinafter referred to as Grantee) a utility easement
described as follows:
SITUATED within the corporate limits of the City of Paris, County of
Lamar and State of Texas, and being a part of Lot 16, City Block 251A, belonging
to the City of Paris, being a 20' utility easement as pictorially described on
Exhibit A attached hereto, and being more particularly described as follows:
BEGINNING at a point for corner in the southeast corner of Lot 16, City
Block 251A at the north boundary line of Hickory Street at its dead end;
THENCE North in a northwesterly direction along the boundary line of
said Lot 16 a distance of approximately 89 feet to a point for corner;
THENCE East a distance of 20 feet to a point for corner;
THENCE South in a southeasterly direction to a point for corner in the
north boundary line of Hickory Street;
THENCE West along the north boundary line of Hickory Street a distance
of 20 feet to the point of beginning and containing approximately 1780 square
feet.
TO HAVE AND TO HOLD the above property unto Oncor Electric Delivery Company LLC
for the purposes aforesaid, with the right and privilege at any and all times to enter said
premises, or any part thereof, and construct, reconstruct, relocate, inspect, and maintain any
and all utility facilities placed or to be placed therein; provided that Grantee will, after doing
any work in connection with the construction, reconstruction, relocation, inspection, or
"1 UOU25"1
maintenance of said utility facilities, restore the premises as close to the condition in which
said premises were found when such work was undertaken, insofar as permitted under the
plans, standards, and specifications approved for projects to be located within the herein
described easement, and that in the use of said rights and privileges herein granted, the
Grantee will not create a nuisance or do any act that will be detrimental to said premises; and
provided further, that the Grantor(s) shall not erect or place any building, fence, tree or other
permanent structure on the above-described easement and shall not otherwise use the above-
described premises in a way that will interfere with the construction, maintenance, repair,
inspection, or operation of the utilities placed therein.
Grantor does hereby bind itself and successors and assigns to warrant and forever
defend, all and singular, said premises unto Oncor Electric Delivery Company LLC against
every person whomsoever lawfully claiming or to claim the same or any part thereof.
WITNESS my hand this 11th day of August, 2008.
Jesse James Freelen, Mayor
STATE OF TEXAS }
COUNTY OF LAMAR }
BEFORE ME, the undersigned authority, on this day personally appeared Jesse James
Freelen, Mayor of the City of Paris known to me to be the person whose name is subscribed to
the foregoing instrument, and acknowledged to me that he executed the same for the purposes
and consideration therein expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this _ day of August, 2008.
Notary Public, State of Texas
RETURN T0: Oncor Electric Delivery Company LLC
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Legend
- - - • - • - ' - ' ' Existing Pawer Line
Fence Line
LLC Easement
~et10ti25 011C01' El2Ctf1C DelfVefy COC11EldCly
Easement Width - 20 Feet
The intent of hisurvet~ Calls pictorially aQe refe enpesXOniy. No Stateme this made to the valid ty
Intended as an acual Y
of these ca11s.
G RANTOR(s):
Counry: tamar Clcy of Paris Block 251-A Lot 16
M 000256