RE 2017-0228.1 RESOLUTION NO.c O/7—ada k'•
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS, GRANTING A UTILITY EASEMENT TO ONCOR ELECTRIC
DELIVERY COMPANY, LLC, FOR THE PURPOSE OF LOCATION,
CONSTRUCTION, RECONSTRUCTION AND MAINTENANCE OF
ELECTRIC UTILITIES; PROVIDING FOR A SEVERABILITY CLAUSE;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Oncor Electric Delivery Company, LLC (hereinafter referred to as
"Grantee")has submitted a request to the City of Coppell for a utility easement over property owned
by the City for the site of the location, construction, reconstruction and maintenance of electrical
utilities;and
WHEREAS,the City Council of the City of Coppell,Texas,finds it to be in the public interest
grant such request;
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF COPPELL,TEXAS:
SECTION 1. That the City of Coppell hereby grants a utility easement to Oncor Electric
Delivery Company, LLC, authorizing an easement for the purpose of location, construction,
reconstruction and maintenance of electric utility over City property, the terms of which document
shall be substantially as set forth in Exhibit"A,"attached hereto and incorporated herein by reference.
SECTION 2. Should any part of this resolution be held to be invalid for any reason, the
remainder shall not be affected thereby, and such remaining portions are hereby declared to be
severable.
SECTION 3. That this Resolution shall become effective immediately from and after its
passage.
DULY RESOLVED AND ADOPTED by the City Council of the City of Coppell, Texas,
on this thdg day of „ut, ,2017.
T
•
CIT OF C t 'PELL,TE S
AriLA
KAN N SEL:O f' T, • YOR
1 TM 83782
ATTEST:
' STEL PE I S, CITY SE TARY
APPROVED AS TO FORM:
,/fr/ /////1"/
ROBERT E. HAG R, CITY ATTORNEY
2 TM 83782
Exhibit “A”
EASEMENT AND RIGHT OF WAY
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DALLAS §
City of Coppell, Inc., a Texas municipal corporation
That , 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
Oncor Electric Delivery Company LLC
in hand paid by , 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 underground electric supply and communications facilities, consisting
of a variable number of guys, anchors, wires and cables, supporting structures, surface mounted equipment,
transformers, switchgears, auto-transformers, conduits, manholes, vaults, and all necessary or desirable
appurtenances under, through, across, and upon Grantor’s land described as follows:
SEE EXHIBIT “B” 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 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.
Page 1 Easement and Right of Way: City of Coppell to Oncor Electric Delivery Company, LLC
EXECUTED this op day of , 2017.
GRANT•R: ity of Copp:II, T:,as
By: `t' /i
Karen Seib. Hunt (Mayor)
STATE OF TEXAS §
COUNTY OF DALLAS §
BEFORE ME, the undersigned authority, on this day personally appeared Karen Selbo Hunt, known to
me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she
executed the same as the act and deed of City of Coppell, Inc., a Texas municipality, as the Mayor thereof,
for the purposes and consideration therein expressed, in the capacity therein stated and she is authorized to do
so. ¢
fk-
GIVEN UNDER MY HAND AND SEAL OF OFFICE this CP0 day of
-1-e.,L.nAstricy , A. D. 2017.
' /
1 /
CHRISTEL B PETTINOS
ota ublic in and for e tate of Texas
,-`, My Commission Expires
May 10,2019 q 1
�Rw1 ( `2I,108OS— 1
2 : ` 4
Page 2 I Easement and Right of Way: City of Coppell to Oncor Electric Delivery Company,LLC
EXHIBIT "B"
DESCRIPTION OF EASEMENT PROPERTY
Page 3 Easement and Right of Way: City of Coppell to Oncor Electric Delivery Company, LLC
EXHIBIT “B”
DEPICTION OF EASEMENT PROPERTY
Page 4 Easement and Right of Way: City of Coppell to Oncor Electric Delivery Company, LLC
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR
STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED
FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER’S
LICENSE NUMBER
EASEMENT AND RIGHT OF WAY
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DALLAS §
City of Coppell, Inc., a Texas municipal corporation
That , hereinafter called
"Grantor," whether one or more, for and in consideration of Ten and No/100 Dollars ($10.00)
Oncor Electric Delivery
and other valuable consideration to Grantor in hand paid by
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 underground electric supply and
communications facilities, consisting of a variable number of guys, anchors, wires and cables,
supporting structures, surface mounted equipment, transformers, switchgears, auto-
transformers, conduits, manholes, vaults, and all necessary or desirable appurtenances
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 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
Page 1 Easement and Right of Way: City of Coppell to Oncor Electric Delivery Company, LLC
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 cek" day of , 2017.
GRANT*R: Ci of Coppel , T�-xas
By:
aren Selbo unt (Mayor)
STATE OF TEXAS §
COUNTY OF DALLAS §
BEFORE ME, the undersigned authority, on this day personally appeared Karen Selbo
Hunt, known to me to be the person whose name is subscribed to the foregoing instrument
and acknowledged to me that she executed the same as the act and deed of City of Coppell,
Inc., a Texas municipality, as the Mayor thereof, for the purposes and consideration therein
expressed, in the capacity therein stated and she is authorized to do so.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
-Fel,r1„rtsr A. D. 2017.
CHRISTEL
y Commission E>
May 10,2019 B PETT Pub is in and for the State of Texas
My Commi
Page 2 J Easement and Right of Way: City of Coppell to Oncor Electric Delivery Company,LLC
EXHIBIT "A"
DESCRIPTION OF EASEMENT PROPERTY
Page 3 Easement and Right of Way: City of Coppell to Oncor Electric Delivery Company, LLC
EXHIBIT “A”
DEPICTION OF EASEMENT PROPERTY
Page 4 Easement and Right of Way: City of Coppell to Oncor Electric Delivery Company, LLC