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18-082S;\Legal\Our poeuments\Ordinances\18\Oncor Easement Ordinanee,doex � � � ` �' ! 1' � � # � / � � _ � ,� \ �i �� r � ' � � r r � � , � � , � � � � � �� • � �� i :.:. � �� . � � ��. � � �� . . � /' �: '. � �.. � k � �, .; . � . , '. • � �: �. � 7 � 1� � � '� � � � �'�, I . , , �........ �; �. � : # �.. ! l � ... ! � ,, . � • �... • . ��.... � ,; 1 ��.. . � 1 � 1 �.' � �'. ♦. �'. , �.�. � .. �' � 'y I,. * ! : � . � �. . � 1': ! • �. ��.. � �. �' ♦� � l � ,: � ,'. ♦ WHEREAS, Oncor Electric Delivery Company, LLC ("Grantee") has requested that the City enter into an Easement and Right of Way Agreement, a capy of which is attached hereto and made a part hereof by reference (the "Easement Agreement") to install electric power and communications lines, including supporting structures, foundatians, guy wires, and guy anchorages; and WHEREAS, on January 19, 2018, the City Manager executed a Temporary Right af Entry for Construction ("TROE") so that Grantee cauld begin initial construction of the tap line and associated equipment, over, along, to, fram, and through the land; and WHEREAS, Grantee has agreed to pay City th� price of Forty-Nine Thousand Six Hundred Thirty Dollars and no/100 ($49,630.00) for the easement; and WHEREAS, the City Council finds that the Easement and Right of Way Agreement is in the public interest and the consideration being paid by Grantee constitutes fair market value for the Easement and Right af Way Agreement; NOW, THEREFORE, • • • � • ' ; �'�� SECTION 1_. The findings and recitations contained in the prearnble af this ordinance are true and correct and are incorporated herein by reference. SECTION 2. The City hereby ratifies the TROE and approves the Easement and Right of Way Agreement. Upon payment by Grantee, the City Manager or his designee is hereby autharized ta execute the Easement and Right of Way Agreement on behalf of the City, and all adjoining documents to effect the clasing and intent of the parties. SECTION 3. If any section, article, paragraph, sentence, phrase, clause or word in this ardinance, or application thereaf to any persans or circumstances, is held invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; the City Council declares that it would have ordained such remaining portion despite such invalidity, and such remaining portion shall remain in full force and effect. � ��. �� 1 a of �.._,�'"m"� ��' �'"��.. �� PASSED AND APPROVED this the m�, Y ��, 2018. � ,,w,� � � � .. ...�� _.. �`� �� "� .. .. �'�„CCt,�� i��f["'1"�, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY M: � ��1� 1 �` ''v' L;[ ) � �+�"�"�:� LEGAL FORM: �. �"e i� � �1` LEAL, CITY ATTORNEY ,v � �. .... � � � u.j �� '� �� „ � �� BY� ' � ��. , ��.� �.� „�„� � ..� ,�� .. .M.. ��.�; � , —�_��.. EASEMENT AND RIGHT OF WAY THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS; COUNTY �F DENTON That, The City of Denton, 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 75202-1234, 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 electric power and communications lines, each consisting of variable number of wires and cables, and 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 Moreau Forrest Survey, Abstract No. 417, Denton County, Texas, more particularlydescribed in Exhibits "A" and "B", attached hereta and made part hereof. Together with: (1) the right of ingress and egress over and along the easement and right-of-way and over Grantor's adjacent lands to or from 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, upon written approval of Grantor, such approval to not be unreasonably withheld or delayed, to relocate its facilities along the same general direction of said lines to the extent that said relocation does not interFere with any existing orfuture improvements by Grantor; (4) the right to trim and cut down trees and shrubbery on the easement and right-of-way, including use of herbicides or other similar chemicals approved by the U. S. Environmental Protection Agency, to the extent, in the sole judgment of the Grantee, necessary to prevent possible interference with the operation of said lines or to remove possible hazard thereto; and (5) the right to remove at Grantor's expense or to prevent the construction on the easement and right-of-way of any or all buildings, structures, and obstructions; provided, however, that Grantee specifically acknowledges there is an existing de-energized underground electrical distribution line and duct bankwithin the easement area which is to be relocated and rebuilt priorto energizing and until such time it may remain in its current location. Grantee further acknowledges that Grantor may place pad mount switches and/or transformers within the easement area at locations not to interfere with Grantee's Facilities or access thereto and subject to engineering review and approval by Grantee prior to installation, such approval not to be Krugerville - Arco 138 kV T Line Vd�— �l�— unreasonably withheld, conditianed, or delayed. Grantor shall not make or cause any changes in grade, elevation, or contour of the land (except those activities that maintain the minimum clearances to Grantee's Facilities and subjacent support provided by law and recognized as standard in the electrical industry) within the easement and right-of-way described herein without first providing advance notice and obtaining prior written consent to do so from Grantee, which cansent shall not be unreasonably withheld, conditioned or delayed. If written consent is not obtained prior to any action by Grantor that causes any changes in grade, elevation, or contour of the land within the easement and right-of-way, 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 within the easement and right-of-way in the event Grantor fails to promptly restore the grade, elevation, or contour to its previously existing condition. Grantor shall not perform any excavations, trenching, or other soil disturbing activities (except those activities that maintain the minimum clearances to Grantee's Facilities and subjacent support provided by law and recognized as standard in the electrical industry) that, in the reasonable judgment of Grantee, will endanger the integrity of the supporting structures and/or foundations or other Facilities, as applicable, or perForm any other activities that may, in the reasonable judgment of Grantee, 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, which consent shall not be unreasanably withheld, conditioned or delayed. If prior writtQn con�ent is not obtained by Grantor prior to performing any excavation, trenching or other soil disturbing activity 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 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 might, in the reasonable judgment of the Grantee, 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, underground distribution facilities and associated pad- mounted devices, 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, other than those existing electric distribution facilities described in the preceding paragraph, shall be located at angles of not less than 45 degrees to any of Grantee's lines without priorwritten consent of Grantee, such consent to not be unreasonably withheld or delayed, and shall be so VERSION 111209 �ASEMBPIT AND RIGHT OP WAY Paga 2 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. 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 which 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 reasonable discretion, but the installation of such additional or wider gates shall be at the sole expense of Grantee. Grantor retains all right, title, and inferest in and to all oil, gas, and other minerals (whether by law classified as part of the mineral estate or the surFace estate) and groundwater in, on, and under the strip or land described herein; provided, however, that Grantor shall not be permitted to drill for oil, gas, and other minerals, and groundwater from and under said strip of land but Grantor may extract oil, gas, and other minerals, and groundwater from and under said strip of land by directional drilling, mining, or other means, so long as Grantee's use of said strip is not disturbed, which use shall include the right of Grantee to physical and/or lateral support for the Facilities, as well as the right that the Facilities shall not be endangered, obstructed, or interfered with by such operations. 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, and, if leased, to his tenant, as they may be respectively entitled for actual damages to fences and growing crops 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 and not expressly allowed and acknowledged by Grantee above. This Agreement, along with the Letter Agreement executed contemporaneously herewith, embody the entire agreement between the Parties hereto with respect to the Easements and supersedes any and all agreements, representations, warranties, or statements which may have been made between the Parties prior to the date hereof, whether express, implied, writ#en, or verbal, concerning the subject matter hereof. Neither this Agreement, nor the LetterAgreement executed contemporaneously herewith, shall be modified or amended except by written instrument executed by each Party hereto. 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 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; and Grantor hereby binds Grantor and Granto�s heirs, successors, assigns, and legal representatives, to warrant and forever defend the above described easement and right-of-way unto Grantee, its successars and assigns, against e�ery person whomsoever lawfully claiming or to claim the same or any part thereof through Grantor but not VERSION 171209 �Ja@��Cftll�'F��" a�uflhlF�� f�p�!^�"a" �"hl�'WM�Ak�i" Page 3 otherwise. This easement may be assigned in whole or in part with the prior written consent of the non-assigning Party, such consent not to be unreasonably withheld or delayed. Notwithstanding the foregoing, Grantee may assign this Easement and Right of Way, without the consent of Grantor, to any (i) entity that, directly or indirectly, owns or controls, is owned or controlled by, or is under common ownership or control of, Grantee, (ii) entity to whom Grantee has assigned all or substantially all of its assets or (iii) bank, financing institution or other lender, or groups thereof, pursuant to the terms of any financing agreements. ,��PT��,��9'� ��«�� N�i� �� '��°��°m „ �.N�� " THE STATE OF TEXAS COUNTY OF TARRANT Grantee: Oncor Electric Delivery Company LLC a Defaware limited liability company � �� BY,� � .�.._ ,J i . � � rez �; rN��°��ir��ct § § KNOW ALL MEN BY THESE PRESENTS: § BEFORE ME, the undersigned authority, a Notary public in and for the State of Texas, on this day personally appeared Jill L. Alvarez, 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, in the capacity therein stated, and as the act and deed of said Oncor Electric Delivery Company. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this �"'� �� day of � � ,� �.M� ,��a��,°��`��..�. � �f"��. ,�.�a 2017 � � �� .�,�, ��,� �, � � �� '� n��;.� � � � � � �µ ��.. " �� `""� � �..... � t��r �� i� and for the State of exas � �� ,„,��°�"�" a�"�,�� 9��' �"( CA� .� V�V V"P �' '"��:� `��-.R��t��y U'aul�UGc, ��a� ��'Lmx�� ... �;;�, r � G�arrw�. ��cy�ae�� 6�-q2,..2.Q�� "':�,�� IWr��rV� �24�3"7b�� .�� VERSION 111209 6AS6MBNT AND RIGHT QP WAY Page 4 & �.�� FP � ��i EXECUTED this��,day of �� , A.D ��°� GRANTOR: Th� City of De�p�t� �� , �,�; _� ,.ti—. .,,,.. � .�s�p�� ,� t �.. ��. , .. odd Hileman City Manager ATTEST: �I� '��r W�Jters, City � ��t�ry � � �.� � � � °� � � � � � �� „�� ...�W p �� , , ��.w,d�� 'd��,� ��+;�� M. �,�(:D LEGAL FORM: AARON �.��;� '��"SCITY ATTORNEY B y � , �s.,��'� � � °� � � . � �...��. � STATE OF TEXAS § § COUNTY OF DENTON § BEFORE ME, the undersigned authority, on this day personally appeared Todd Hileman, as the City Manager of the City of Denton, a Texas home rule municipal 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 Sl�l.� OF OFFICE th� � �,,�, �� : � � �� ,. J w Y �� , �� wp��._ .. �w,w ,� Jo,o � �� .�� No��'� p��i�� and for�°�'�� tate �� Texas � �,"� D� ��V��,i4u G 11� 9�."�+f�al i�.P��A "'e kl %Qdx u ry �mu o J�� Y„IJP,�VY"4"�""u'��Ilt"�Il4d""Y9;'1V Cb! L4.?�c�`Y �u ri. ��,.4.��14�r� 9 �`@'", G � �?� �4�1r� � � �i �ra�aia �,°�a P��Y6�d u 49'Y�%9��+��f� .....�' yP u f I f I � �._„ne .. ^. "' i;�NUyllo �umu�, �� 0�.: mnF'�, oOJ�mWtlmc+�a�mI�171dyAa�N.�dmm 4�'�IWFM'urawnitl�Wu i'"'www'�'��dJa��"/,uu'�^u . .. VERSION 711209 EASEMENT AND R16HT OF WAY Page 5 After recording, return to: Laura De La Paz Oncor Electric Delivery ��rr��any 115 W 7t" Street — Suit� �I�� Fort Worth, Texas 76102 VERSION 111209 LAS�MlNT AND RIGHT OF WAY Page 8 EXHIBIT "A" Oncor Electric Delivery Company Line Name: Arco — Krugerville 138 kV Owner: City of Denton Denton County, Texas Easement No.: May 25, 2016 Page 1 of 2 Being a 0.857 acre ixact of land out of Moreau Forrest Survey, Abstract No. 417, in Denton County, Texas, said 0.857 acre tract of land being a portion of Lot 1, Block A, ARCO Substation Addition, recorded in Document No. 2015-1U3 of the Plat Records of Denton County, Texas, said 0.857 acre tract of Iand being a part of a 10.372 acre tract of land (by deed) deeded to the City of Denton, as recorded in Document No. 2014-958b2 of the Official Records of Denton County, Texas, said 0.857 acre tract of land being more particularly described by metes and bounds as follows: COMMENCING at a 5/8 inch iron rod with cap stamped "TNP" found for the southeast corner of said Lot 1 and for the southeast corner of said 10.372 acre tract of land, said 5/8 inch iron rod with cap stamped "TNP" also being the northeast corner of a 3.02 acre tract of land (by deed) deeded to Texas Municipal Power Agency, as recorded in Volume 1149, Page 494 of the Deed Records of Denton County, Texas, from which a I/2 iron rod found in the north line of a 2.43Q acre tract of land (by deed) 'deeded to Texas Power & Light Company, as recorded in Volume 1027, Page 163 of the Deed Records of Denton County, Texas and for the most easterly southeast corner of said 3.02 acre tract bears, South 48 degrees 08 minutes 22 seconds West, a distance of 45.04 feet; THENCE North 88 degrees OS minutes 41 seconds West, with the south line of said Lot 1, with the south line of said 10372 acre tract of land, and with an interior Iine of said 3.02 acre tract of land, a distance of 3.80 feet to a calculated point for the P�INT OF BEGINNING, and having Grid Coordinates of N=7,133,270.92 and E=2,405,488.32; 1) THENCE North 88 degrees OS minutes 41 seconds West, with the south line of said Lot 1, with the soufh line of said 10.372 acre tract of land, and with an interior line of said 3.02 acre tract of land, a distance 101.30 feet to a calculated point for comer, from which a 5/8 inch iron rod with cap stamped "TNP" found for the most southerly southwest corner of said Lot 1 and for the most southerly southwest corner of said 10.372 acre tract of land bears, North 88 degrees OS minutes 41 seconds West, a distance of 444.36 feet, said 5/8 inch iron rod with cap stamped "TNP" also being an interior ell corner of said 3.02 acre tract of land; 2) THENCE North 07 degrees 18 minutes 03 seconds West, a distance 213.38 feet to a calculated point for corner in a proposed fence line and in an interior line of an electric easement as shown on said ARCO Substation Addition plat; 3) THENCE North O1 degree 56 minutes 28 seconds East, with a proposed fence line and with an interior line of said elecfiric easement, a distance of 155.10 feet to a calculated point for corner; 4) THENCE South 88 degrees 25 minutes 35 seconds East, a distance of 71.12 feet to a calculated point for corner; EXHIBIT "A" Oncor Electric Delivery Company Line Name: Arco — Krugerville 138 kV Owner; City of Denton Denton County, Texas Easement No.: May 25, 2016 Page 2 of 2 5) THENCE South 07 degrees 18 minutes 03 seconds East, a distance of 401.31 feet to the POINT OF BEGINNING and containing 0.857 acre or 37,316 square feet of land, more or less. Notes: All distances and areas shown herein are surface values and in U. S. Survey Feet. To compute grid distances, multiply by CSF of 0.99985240. All coordinates shown herein are grid coordinates, to compute to surface multiply by a combined factor of 1.00014762. Basis of bearing is the Texas State Plane Coordinate System, North Central Zone 4202, with horizontal datum of NAD83/NSRS2007. Controlling monuments referenced l�erein are as found on the date of the on-the-�ound survey. This legal description (Exhibit "A") is accampanied by a plat (Exhibit "B") of even survey date. This survey was performed without the benefit of a title report. There may be easements andlor covenants affecting this property not shown hereon. 1, Thomas Cargill, Registered Professional Land Surveyor No. 5835, licensed in the State of Texas, do hereby certify that this legal description is true and correct and was produced from an actual +�t��-,�x�u�� survey under my direct supervision. � r �� ""'" 4 ,. � �� ;� � w��„ , �� I� � ��` � �p� , ��r � �y� � .� � � �� R�� 7�� i �� Reg stered�Profession 1 Land S�VV � �b � � �� ' urveyor No. 5835 � �� ,�� TBPLS Firm No. 10106900 �� , ^�� Gorxondona and Associates, Inc. � 4201 W. Parmer Lane, Building B, Suite 100 „�� Austin, Texas 78727 (512) 719-9933 � o0 50 0 , oo EXHIBI T SCALEIN FEET Y1 �gp- �yy�tl�w, �yg�we�p�ppw 4.,IIYA: B��.f"WI'9'M'4J LJIm7NIP5A'NS�r�p�,. L-1 �w ��"4�� "1M �:"a„f�� I ��-� � ��"D;'�41 �wP ��,�i�" ' L-3 S ��"� �"�5""� 7�,'ti 1 LOT f, BLOCB A ARCO SUBST�TION ADDITION DOCUJfBNT No. 2016— f 03 ELECTRIC EASEMENT 0.857 ACRE 37,316 SQ. FT. �,B „ W U o�a 0 � a P.R.D.C.T. 10.372 ACRFS (�1f DEED) "�'�'. CITY OF DENTON c�' �R��tl�MENT No. 2014-95862 ;� �'� �p„'��'�" O.R.D.C.T. �,*;� ",��,^� ��""� �� w� � p�y "�Iu�'�* �"� +� �""` " �"" z � � ,� » "•�" � Pi 6B'O6'41 "W '�i �r�"��"�� w'c� �i�� r� �a �� ;:- ,� ; � �` " � „��,1 N�7,133,270.82 i t � E=2,405,488.32 /� a ,�. O. [.i . � °" DETAIL "A" �, (NOT TO SCALE) PROPOSED FENCE �-� �"��,.�..�.�.,w„,..,, »,�„-'---�-„a .��.�..�..�.�._.m,�•�.�,„. ��...,�,�._.......�___.—_ti. . _ FOUND� 5/B"IRON ROD WITH CAP STAMPED '7NP" 3.02 ACRES (BY DEED TEXAS MUNICIPAI POWER A ENCY VOLUME 1149, PACE 494 D,R,D,C.T. I,Y4DS'4�%A'ft�T No. �Cro�,S�^103 hR �N�'"k��"41�YV 444.38' P,R.D.C.T. 0.4053 ACRES (BY DEED) CITY OF DENTON VOLUME S27B, PAGE 878 O,R,D.C.T. NOiES: (I)ALL PJk�iTJ4NCC��' A!�91p JhN'E44� �i�Nd�Y H�'MAk:t]�Y +NflM�� SURFACE WN1.4k4'S ,�N�Y IN U. �' '��II$1^k.Y Fii1:i 7CV Y�d7� 4NT�' f7Pol&� 4']�:i7+5MdC'i..5, NULT�PL�' �N C�F dBF C�.��N��.�2�0. �2� e�r %��i�aa�n�Fn��ra�aq �i�:�t � ��.da wu�, ad� cow�rte ra �uw��au:� �rva.r��r (J) BASIS OF BEARINO L4 TME iF7fA5 SiATE PLANE COOROwA7E STSTEII, NORIH CENTML ZONE �402, WITN NORIIOMAL DATUM OP WIOB7/NSR52007. �4� OA EROF THE C7sl'�w1'N�---C19��E�.17g5u�Y•EAEON MJD REFCNCNCED ti9 FOl1ND ON 1HE (Si'�9^W� �PJVtWk,"! '1'� ��''�R�p9�fiA 4MVPtltl�'4fP ip9� CM�'ICWdT ��" �i TfCCf„ �'G��'4Yd�'9, @W4�!�C: WY BE C'a�,y'F,.b.IF,J�9� ,NWN1,�li6i a:d.�CEdrhM!Pf� R�F&^�tlI�B�N BNpS �"F7t�E�'C'9'iV'W �N4CIi .�1�8V7WN1 B#I�R�YS�f. (8j I"pT^.I�G� CNJIf�FIM,L, �.'�I�'l°CB�p@;t1 �"�1�0'kS�M�pt� U�BPd 5��'"�f7B� t944. EWktl39� AIV."'��19m IN 1HE STATE �4F $'�'dJ�, pb t:^�E� �C��Tt4'�ti 'q'FN�V'7 PhfP� Y+IAi N.°6 T�StiY�E mWiq �iY,IEI�kCa" AFN�C7 'n8'h�. PREPMFA FROM � ncruns, r,�m�'r�w�—�r,�c��aat� �r��^ µ��r�^� �rx bp��r �a��aaa, ��:�� M�� . n�u,. �� -� a t�.�a �.ti�,� � �r„ ..� � L--� m. � �.� � � :�, �.�,, ��,�..� FOUND 1/2"IRON �4��N. 2.430 ACRES (BY DEED) TEXAS POWER At LICHi COMPANY VOLUME 1027, PAGE 163 D.R.D.C.T. � R ELEC�TRIC DELIVERY COMPANY "�� 115 WEST 7th STREET +� FORT WORTM, TE%AS • 76102-7033 ARC� — KRUGER'��"T��"�.�� 138 kV ��, R�". Pa4F3FA�N� ti.RiN�:� �IJI'Nd�9F#� �d ��J� M�i�d�, A�R,N�"INw "fi'�� T87�T • REMAINDER OF 97.277 ACRES (BY DEEO) JOHN POWELL WALKER pOCUMENT No. 93-0034125 O.R.D.C.T. � � � � �� ,�^'�`�� ,� � �'�y� ,.� ,��. �"� �� , ! � �� ., �. ONCOR EASEMENT /WD RIGHT—OF—WAY GRIO COORDINATE No7,133,270,92 E�2,405,488.32 ��. �. D . SEE DEfAIL ,A� �. Q. l.i . FOUND 5/B"IRON ROD WITH CAP STAMPED "fNP" O.B57 ��.... TRACT � SUBJECT PROPERTY MAP AND LOCATION OF TRACT � LANU SURVEYOR BOARD OF PROFESSIONAL IAND Line: Arco Switching Station Tap WA #: 18T80001 R/W.: Teinporary ROE ,� � . , • � , ; � � �, , � That for and in consideration of Ten and No/100 Dollars ($10.00) and other good and valuable consideration paid to the undersigned, City of Denton Texas (GRANTOR), the receipt of which is hereby acknowledged, the said GRANTOR does hereby grant unto Oncor Electric Delivery Company LLC, a Delaware limited liability company, (GRANTEE) whose address is 1616 Woodall Rodgers Freeway, Dallas, Texas, 75202- 1234, a temporary right of entry ("TROE"), to be utilized for temporary working space during GRANTE�'s initial construction of transmission tap line and associated equipment, over, along, to, from and through land moce particularly shown on Exhibit "A", attached hereto and made part hereof (the "TROE Area"). This grant of access is made by GRANTOR and accepted by GRANTEE subject to tlle following exceptions, reservations, restrictions, conditions and provisions: All valid and subsisting encumbrances, conditions, covenants, restrictions, reservations, exceptiotls, riglZts of way, and easements of records affecting the Teinporary Easement Area or any part thereof, including building and zoning ordinances, all laws, regulations and restrictions by mtiinicipal or other governmental authority applicable to and enforceable against the TROE Area. GRANTEE shall be entitled to use said TROE for construction and related purposes, including but not limited to the trimming and removal of trees as may be neeessary for such construction purposes, subject to the termination pcovision hereof. GRANTEE hereby agrees to obtain all required pei-�nits and governmental approvals for its construction activity so as to meet all regulatory requirements and shall complete all construction in a workmanlike manner. Upon completion of construction, GRANTEE shall pcomptly restore the surface of the acea disturbed by its construction activity to as near its natural contour �s is reasonably practical. It is understood and agreed that this grant is not a conveyance of 'any land in the TROE Area but is a graiat solely of the temporary construction access and work space described herein. GRANTOR, its successors and assigns, s11a11 have the right to use the Temporary Right of Entcy Area for any purpose or purposes whatsoever, providing that such use does not unreasonably interfere with or obstruct the use of the TROE by GRANTEE for the purposes specified herei�� as being within the scope of this grant. The provisions 1lerein shall extend to and be binding upon GRANTEE and GRANTOR and their respective successors and assigns. This TROE will expire after 90 days fi•om effective date at which time this TROE will terminate and be of no further force and effect. EXECUTED as of the dates of the respective signatures hereinaf�er set forth, but effective the 16`�' day of January 2018. ,��""� �;,rv� � `�",,. a, �,a � �� , � ��d� ��,� �„�, � ' �" a W�.� � „��; � � R' % � W� ,�� ,� � �v��'�,� �N +�. Grantor: City of Denton, Texas � � � �..... � �� BY' ��.�-- �o � � �� .�......�--- ...... �... Name and Title �� . � �� ... � �"��.��,��ir�� .��,� APPROVED AS TO FORM: CITY ATTORNEY CITY OF �� "�� ,�� °" � � �� `�"�""��.� n�,,,��M .�,wµ,��, „ ,yt, ��,,,, Grantee: Oncor Electric Delivery Company LLC � �� ,�� .� . �� By• `°� � �� ....�......_ _.��. ,�..�.', `i_�. Alvarez, P.E., Attorney-In-Fact EXHIBIT "A" Oncor Electric Delivery Couipany Line Name; Arco — Krugerville 138 kV Owner: City of Denton Denton County, Texas Easement No.: May 25, 2016 Page I o£ 2 Being� a 0.857 acre tract of land out of Moreau Forrest Survey, Abstract No. 417, in Denton County, Texas, said 0.857 acre tract of land being a portion of Lot 1, Block A, ARCO Substation Addition, recorded in Document No. 2015-103 of the Plat Records of Denton County, Texas, said 0.857 acre tract of land being a part of a 10.�72 acre tract of land (by deed) deeded to the City of Denton, as recorded in Document No. 2014-95862 of the Official Records of Denton County, Texas, said 0.857 acre tract of land being more particularly described by metes and bounds as follows: COMMENCING at a 5/S inch iron rod with cap stamped "TNP" found for the southeast corner of said Lot 1 and for the southeast corner of said 10.372 acre tract of land, said 5/8 inch iron rod with cap stamped "TNP" also being the northeast corner of a 3.02 acre tract of la�1d (by deed) deeded to Texas Municipal Power Agency, as recorded in Volume 1149, Page 494 of the Deed Records of Denton County, Texas, from which a 1/2 iron rod found in the north line of a 2.430 acre tract of land (by deed) deeded to Texas Power & Light Company, as recorded in Volume 1027, Page 163 of the Deed Records of Denton County, Texas and for the most easterly southeast corner of said 3.02 acre tract bears, South 48 degrees 08 minutes 22 seconds West, a distance of 45.04 feet; THENCE North 88 degrees OS minutes 41 seconds West, with the south line of said Lot 1, with the south line of said 10.372 acre tract of land, and with an interior line of said 3.02 acre tract of land, a distance of 3.80 feet to a calculated point for the POINT OF BEGINNING, and having Grid Coordinates ofN=7,133,270.92 and E=2,405,488.32; 1) THENCE North 88 degrees OS minutes 41 seconds West, with the south line of said Lot 1, with t11e south line of said 10.372 acre tract of land, and with an interior line of said 3.02 acre tract of land, a distance 101.30 feet to a calculated point for corner, from which a 5/8 inch iron rod with cap siam.ped "TNP" found for the most southerly southwest corner of said Lot 1 and for the most southerly southwest corner of said 10.372 acre tract of land bears, North 88 degrees OS minutes 41 seconds West, a distance of 444.36 feet, said 5/8 inch iron rod with cap stamped "TNP" also being an interior ell corner of said 3.02 acre tract of land; 2) THENCE North 07 degrees 18 minutes 03 seconds West, a distance 213.38 feet to a calculated point for corner in a proposed fence line and in an interior line of an electric easement as shown on said ARCO Substation Addition plat; 3) THENCE North O1 degree 56 minutes 28 seconds East, with a proposed fence line and with an interiox line of said electric easement, a distance of 185.10 feet to a calculated point for corner; 4) THENCE South 88 degrees 25 minutes 35 secands East, a distance of 71.12 feet to a calculated point for corner; EXHIBIT "A" Oncor Electric Delivery Company Line Name: Arco — Krugerville 138 kV Owner: City of Denton Denton County, Texas Easement No.: May 25, 2016 Page 2 of 2 5) THENCE South 07 degrees 1 S miilutes 03 seconds East, a distance of 401.31 feet to the POINT OF BEGINNING and containing 0.857 acre or 37,316 square feet of land, more or less. Notes: All distances and areas shown herein are surface values and in U. S. Survey Feet. To compute grid distances, multiply by CSF of 0.99985240. AII coordinates shown herein are grid coordinates, to compute to surface multiply by a combined factor of 1.00014762. Basis of bearing is the Texas State Plane Coordinate System, North Central Zone 42Q2, with horizontal datum of NAD83/NSRS2007. Controlling monuments referenced herein are as found on the date of the on-the-ground survey. This legal description {Exhibit "A") is accompanied by a plat (Exhibit "B") of even survey date. This survey was performed without the benefit of a title report. There may be easements and/or covenants affecting this property not shown hereon. I, Thomas Cargill, Registered Professional Land Surveyor No. 5835, licensed in the State of Texas, do hereby certify that this legal description is true and correct and was produced from an actual c��-the-ground survey under my direct supervision. ��, �,U, � �� ., � � �� '; �"�,,,,,. � � �� "��"e� ; � L t��x� �� ;,�r �r� " �'�� +� �� `��"�� _. __ �� _ -_ ��.e� �... .�.a._��. �� , � � � ��e�� Registered Professional Land Surveyor No. 5835 �,��,� ,�� TBPLS Firm No. l O1Q6900 �� '��`�� Gorrondoiia and Associates, Inc. � �"� � �° 4201 W. Parmer Lane, Building B, Suite 100 '" ��d��"`�� Austin, Texas 78727 (512) 719-9933 �• • � �� p i�ii��a�i ��i//�/%i///%- i !L��iii /////�%%%%%/'///%///iii i a�� e, ,,,,,,�,,,,,,, , EXHIBI T "B " m�n�W LINE BEARING DISTANCE �L-1 � S 48'OS'22"W � 45.04" L-2 N 88'05`41 W 101.30"� L-3 S�� 88'25"35"`E 71.12' � ELECTRIC EASEMENT ,�.„ LOT f, �LOCB A 0.857 ACRE ARCO SUBSTATION ADDITION 37,316 SQ. FT. DOCUM.�NT No. 2015-108 P.R.D.C.T. 10.372 ACRES (BY DEED) CIN OF DENTON C��I��J�" ��, �C�1 ��'��r`� �" �,�„�� .I�.C�,�<�": � �� r�«�" � � �'�'"" �� .�,„ � :� ��°a�`��°^�r ��°"��'�� °�"�� i�'rr� a�i� r�n�� _:s,�s� '.�� N=7,133, 270, 92 � E-2, 405, 488.32 /� „'y,, a� .�. �. 1.�. � �, rvDETAIL `�A��'• ',� (NOT TO SCAI.E) ' PROPOSED FENCE •� � ,y�..__��.w�__,,.„y�,,.�... �.,,,�.,.� _.�,e_.... ,� �.,�_.. w.��, _.�.w�. . .. � FOUND� �� s/s°sRow ROD WlTH CAP STAMPED �TNP" 3,02 ACRES (BY OEED� fP��'Y�sa MUNICIPAL POWER A ENCY VOLUME 1143, PAGE 494 D.R.D.C.T. �L�t�'�E�1� ��E'AQ��d�' DOCUMENT No. 201��103 N 88'OS'�b p "1N +4+#�.,��" P'.�'i.I�,.C.T, 0.4053 ACRES (BY DEED) CITY OF DENTON VOLUME 3278, PAGE 87B D,R.D.C.T. �,N)ALL DISTANCES ANO MEAS SHOWN HFAEON ARE SURFACE VALl1E5 FNO IN U. S. SVAiffY iEEf. TO GOMPVIE CRID 615iANCES, MULTIPLY BY CSF OF 0.79995240. (2)ALl CODRDINATES SHOWN HEflEON ME GFID, TO COYPUIE TO SURFACE MULTIPLY 8Y A COMBINED FACTOR OF I.00Otl�762. (Jjl,3e5'3"14 �MF �'F;.',M1��d�dG IS iHE f'l:,'d{t4..V STATE PUWE C�NHApNATE ",a"Y"&C:W�d, pguhfilkq CE'ad.l'ftiM1L 20NE 42�ro�, AkF'p'H NORI20MAL tAM1,'S4�AX OF IN,M1�}I9„yf�h{SR52007. (4) CONTROLLING #dM7h1p.8X��'N'.TS ARE SHOWN HEREON AND REFERENCEb � FOUNO ON THE OATE 0� THE A'7CQ--'idi�N:—YSPN�OUNO 9URVEY. (�) TM85 �S�IA�'"I' W'M�i Y�`'t�TRN"�f�Ak�.k'1 %WfTkli�tl4!ft Ibl@: i7�f`F�Cf9Y 47h VM TYiI,� fbC;�p.r�J�'�F, 9qIP4'iGL MJItroM' qiNpC �RAYp�P�t"S Md�dtl,AC7iiY CG'�+�.hhMl�� M�'�P'k�;L9"14Ad� Tfi�B��" I�F�S'pIX"'fFk7"�' W�9' 911�7Mtlfil' 41�M�k.G1N. (e)i ar��r�� ta,�K�iun a��;�r�arr��a wa�a�r��.tur�r�� utr�4� ��ren�6„rb� rd�. �wy�� wd�.�"ad,rttlY ir�'p'r�� srn� I`Jk 7�£%A �,� 4Jd M�&BEYi'1M L",fi�J�FYI"V PMI'�S;'� TNI�' 6'+'��,�" iti fi"!'k4dN. l�d� CrtlYdf��4�'�i �MTIfS NiA.S N��'�FPA��fd� FROM ,�r� �4:r°�a,w1. �w �w�r��'�uG�r�r� �sw�r ��r�r�':ve w�r� �ae�r�z�t• �,s��aa�a�m�. . : � EIECTRfC q�,�;��',q�,y��^�-�. � DdC. No. 2015-103, P.R,D.C,T. m.._.� � L-3 � ,�,.., � � � � � � .�' . �:� •' � � •, � � ; � � ��° :� �, -�. . �� N �o � ; � � � ,- ',��; �r� ° � � � �� , �� o �� .�..� . . . � �. � : �� "� � � � �� e� 1Ct&� „ w.w7� �� ry�� • °� �,• «� .�,.�,...� � / L-2 �^.- �' FOUND 1/2"IRON �#q��7 2.430 ACRES (BY �EED) TEXAS POWER & LIGHT COMPANY VOLUME 1027, PAGE 163 D.R.O.C.T. �� f��R ELECTRIC DELIVERY COMPANY 115 WEST 7th STREET • FORT WORTH, TEXAS o 76102-7033 AR CO - KR UGER VILLE 13 8 k V ^vnnr"�rroca .rne:�.`��'�i'7' w:�� 9�F��'4U �t�i��:a� '�M��f�"�C�l"« � L! � 1 ` ,,��,� �Q�'�B�T"� AC��,C3�k�r� � 4� ;��72� � "��k �t%��: C�,��i'1' A�F'�E 0 V<611,&�Gd � ��dk'U'��d %'�d` ki11E �(3�� 1��tMINH��9 �� s�'7hYh��Ar d'CiwCtif'.'�W,7F!aw.. I1�J�ti:. • i.'��51� � E31 • , � . � . �� w � . - �� ° ��. �� Y"`� �� '��'� � � � �� ONCOR EASEMENT AND RIGHT—OF—WAY GRID COORDINATE Ns7,133,270.92 Em2,405,4Bfi.32 �� .17 � SEE DEfAIL „a„ ��. 0. C. FOUND 5/B"IRON ROD WITH CAP STAMPED 'TNP" 0.857 AIS;:bi9'.�...�,„� TRAC7 SUBJECT PROPERN MAP AND LOCATION OF TRACT � �� LAND SURVEYOR �x�s eo�wo oF PRo�,ssiow� u�rro ��r�.~�