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..Title
Consider approval of the dedication of an easement along West Sandy Lake Road to
Oncor Electric Delivery Company, LLC for the future installation of an electric
transmission line; and authorizing the Mayor to sign and execute any necessary
documents.
..Summary
Approval of this easement dedication is the final component needed for the removal of
the Oncor electric transmission lines along West Sandy Lake Road from Denton Tap to
North Coppell Road. The dedication of the easement preserves Oncor's right to rebuild
this line at some point in the future when deemed necessary to provide adequate
service to their customers. This will allow the removal of the existing poles necessary
for the widening of Sandy Lake Road.
Fiscal Impact:
[Enter Fiscal Impact Statement Here]
Staff Recommendation:
The Engineering Department recommends approval of this easement dedication.
Goal Icon:
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T H E C I T Y • O F
COPPELL
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MEMORANDUM
To: Mayor and City Council
From: Ken Griffin, P.E., Director of Engineering and Public Works
Date: April 23, 2013
Reference: Oncor Transmission Line—West Sandy Lake Road
2030: Sustainable City Government, Goal 3
Excellent and Well-maintained City Infrastructure and Facilities
Introduction:
This agenda item is being presented for approval of the dedication of an easement to Oncor Electric
Delivery for the future installation of an electric transmission line along the south side of West
Sandy Lake Road.
Analysis:
In the process of designing West Sandy Lake Road improvements, we identified conflicts with six
Oncor transmission poles along the south side of West Sandy Lake Road. We then contacted Oncor
transmission to discuss relocating those six poles. Transmission poles differ from distribution poles
in that we have to pay for the cost of the relocation of transmission lines. Distribution poles are
relocated at Oncor's expense. Our projected cost to relocate the six poles in conflict is $70,000.00.
Upon review, Oncor proposed to the City that we fund the removal of the entire de-energized
transmission line in the amount of $45,000.00. They would then remove the entire line from
Denton Tap Road to North Coppell Road; thereby, eliminating the conflicts with the road project.
In exchange for removal of the existing transmission lines,they have asked us to preserve a corridor
along the south side of Sandy Lake Road for future construction of a new transmission line. This
preservation would take the form of an easement dedicated by the City to Oncor within the Sandy
Lake Road right of way. Approval of this easement is the item before you this evening. Council
may recall that Oncor has a `blanket' easement for the existing transmission line that super cedes
our right of way. This easement dedication will basically just redefine the existing Oncor easement.
If they remove the pole line without the City providing an easement, there is some concern on their
part that their right to reinstall a transmission line in the future would be challenged.
Pending approval of the dedication of this easement the city will execute the Discretionary Service
Agreement necessary for Oncor to begin the removal work.
1
Legal Review:
This easement was reviewed by David Dodd and the final form was arrived at through several
iterations between city staff and Oncor representatives.
Fiscal Impact:
The dedication of this easement has no fiscal impact; however upon approval the city will execute
the Discretionary Service agreement in the amount of$45,000.
Recommendation:
The Engineering Department recommends approval of this easement.
2
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Coppell - Apollo Road 69 kV
E#275234
EASEMENT AND RIGHT OF WAY
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DALLAS
That, the City of Coppell, 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 Dallas County, Texas, more particularly described in Exhibits A and B,
attached hereto 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 to relocate its facilities along the
same general direction of said lines; (4) the right to trim and cut down trees and
shrubbery on the easement and right-of-way, 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 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.
Should Grantee initially install and construct and operate one circuit of the
electric transmission line permitted under the terms of this Easement and Right of Way,
it is understood that Grantee shall have the right to install, construct, and operate
additional circuits, including additional structures or other Facilities if necessary, of the
electric transmission line where Grantee determines, in its sole discretion, that demand
for electricity or the efficient operation of the line requires such additional circuits.
Grantor shall not make or cause any changes in grade, elevation, or contour of
the land after the initial reconstruction of Sandy Lake Road within the easement and
right-of-way described herein without first providing advance notice and obtaining prior
written consent to do so from Grantee, except those activities associated with normal
operation and maintenance activities associated with Grantor's infrastructure, which
may be conducted by Grantor with only prior notice to Grantee provided all work to be
performed within the easement area by the Grantor, its employees, agents,
representatives or contractors and the results of said work must comply with Chapter
752, Texas Health and Safety Code, the National Electrical Safety Code and any other
clearance requirements. If written consent is not obtained prior to any other 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.
Except in circumstances requiring immediate excavations, trenching, or other soil
disturbing activities by Grantor in order to (a) prevent imminent damage or injury to the
health or safety of any person or to the public right of way; (b) restore service; or (c)
prevent the loss of service ("emergency situations"), Grantor shall not perform any
excavations, trenching, or other soil disturbing activities that, in the sole 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 sole
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.
Grantee shall not unreasonably withhold consent, and shall respond to a written request
within thirty (30) days granting consent, or detailing why consent cannot be granted. In
emergency situations, Grantor shall notify Grantee of the need to perform excavations,
trenching, or other soil disturbing activities by the next business day after
commencement of the work. If prior written consent 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,
whether in the case of an emergency situation or otherwise, 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 sole 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,
VERSION 111209
EASEMENT AND RIGHT OF WAY Page 2
maintain and use across said strip such roads, streets, alleys, railroad tracks,
underground telephone cables and conduits 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 shall be located at angles of not less than 45 degrees to any of Grantee's lines,
and shall be so 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 sole discretion, but the installation of such
additional or wider gates shall be at the sole expense of Grantee.
Grantor retains all right, title, and interest 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.
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 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 easement may be assigned in whole or in part.
VERSION 111209
EASEMENT AND RIGHT OF WAY Page 3
EXECUTED this�aday of y , A.D. 2013
CITY OF C,I PP
, /
By: ii 001 ,/
K:ren Hunt, Mayor
ACKNOWLEDGMENT
STATE OF TEXAS §
§
COUNTY OF DALLAS §
BEFORE ME, the undersigned authority, on this day personally appeared Karen
Hunt, as the Mayor of the City of Coppell, 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 she is authorized to do so. ,� ,�
GIVEN UNDER MY HAND AND SEAL OF OFFICE this : a 'y of
41_, A. D. 2013
A 0 .....,
env �
A` CHRISTEL 8 PETTINOS . 4p4`/t` _, dip Jv
s♦0
My Commission Expires
May 10,2015 otary Public in an.'for the State of Te s
After recording, return to:
Laura De La Paz
Oncor Electric Delivery Company
Suite 505
115 W 7th Street
Ft. Worth, Texas 76102
VERSION 111209
EASEMENT AND RIGHT OF WAY Page 4
Page 1 of 3
Date: 07/02/12
9407-ESMT-FN
EXHIBIT A
FIELD NOTES
CITY OF COPPELL
CENTERLINE OF PROPOSED EASEMENT
Being a centerline description of a proposed transmission line easement being located
in the J.E. HOLLAND SURVEY, ABSTRACT 614, J. MOORE SURVEY, ABSTRACT
968, T.L. HOLLAND SURVEY, ABSTRACT 624, G.W. JACK SURVEY, ABSTRACT
694 and S.A. & M.G. RAILROAD COMPANY SURVEY, ABSTRACT 1430, Dallas
County, Texas, being a portion of that certain property being located within the Right Of
Way (R.O.W.) of Sandy Lake Road and being more particularly described, by metes
and bounds, as follows:
BEGINNING at a point (N 7,040,266.21 E 2,424,901.68) being located in the South line
of that certain TU Electric 2.726 acre tract described by plat recorded in Volume 90048,
Page 2697, Official Public Records, Dallas County, Texas (O.P.R.,D.Co.,Tx.) and
bearing South 47 degrees 25 minutes 39 seconds East a distance of 449.72 feet from
an aluminum cap monument found for Northwest corner of said TU Electric 2.726 acre
tract;
THENCE departing said South line of 2.726 acre TU Electric tract, South 00 degrees 12
minutes 54 seconds West a distance of 19.90 feet to an angle point bearing North 62
degrees 19 minutes 19 seconds East a distance of 220.87 feet from a 1/2 inch iron pin
found in the South R.O.W. line of said Sandy Lake Road for common Northwest corner
of Lot 1, Block B of Oakbend Addition as recorded in Volume 91059, Page 1427,
O.P.R.,D.Co.,Tx. and Northeast corner of Lot 24, Block B of said Oakbend Addition;
THENCE South 48 degrees 38 minutes 53 seconds East a distance of 439.21 feet to an
angle point;
THENCE South 49 degrees 26 minutes 34 seconds East a distance of 430.81 feet to an
angle point bearing North 41 degrees 55 minutes 55 seconds West a distance of 45.81
feet from a 1/2 inch iron pin found in the South R.O.W. line of said Sandy Lake Road for
common Northeast corner of Lot 28, Block A of The Woodlands of Coppell as recorded
in Volume 95200, Page 2733, O.P.R.,D.Co.,Tx. and Northwest corner of Lot 29, Block A
of said Woodlands of Coppell;
THENCE South 50 degrees 14 minutes 27 seconds East a distance of 381.00 feet to an
angle point bearing South 55 degrees 11 minutes 30 seconds East a distance of 112.88
feet from a 1/2 inch iron pin found in the South R.O.W. line of said Sandy Lake Road for
most Northerly corner of Lot 1, Block A of said Woodlands of Coppell;
THENCE South 48 degrees 02 minutes 14 seconds East a distance of 412.79 feet to an
angle point;
Page 2 of 3
Date: 07/02/12
THENCE South 57 degrees 25 minutes 28 seconds East a distance of 345.73 feet to an
angle point bearing North 76 degrees 21 minutes 04 seconds East a distance of 25.63
feet from a 5/8 inch iron pin found for interior corner of that certain Tract I conveyed to
City of Coppell, Texas by deed recorded in Volume 91203, Page 1489,
O.P.R.,D.Co.,Tx. and bearing North 43 degrees 40 minutes 00 seconds West a
distance of 141.36 feet from a 5/8 inch iron pin found in the East R.O.W. line of Coppell
Road for most Northerly corner of Lot 16, Block D of Forest Cove Phase 1 as recorded
in Volume 98032, Page 9, O.P.R.,D.Co.,Tx. and most Westerly Northwest corner of Lot
17 of said Forest Cove Phase 1 ;
THENCE South 85 degrees 07 minutes 31 seconds East a distance of 547.94 feet to an
angle point;
THENCE North 89 degrees 45 minutes 19 seconds East a distance of 615.16 feet to an
angle point bearing North 85 degrees 08 minutes 54 seconds East a distance of 308.60
feet from a 1/2 inch iron pin found for common Northeast corner of Lot 1, Block A of said
Forest Cove Phase 1 and Northwest corner of Lot 12, Block A of Forest Cove Phase 2
as recorded in Volume 98032, Page 10, O.P.R.,D.Co.,Tx.;
THENCE North 89 degrees 39 minutes 00 seconds East a distance of 960.46 feet to an
angle point bearing North 84 degrees 29 minutes 10 seconds East a distance of 59.54
feet from a 1/2 inch iron pin found in the South R.O.W. line of said Sandy Lake Road for
common Northeast corner of Lot 2, Block B of Georgian Place as recorded in Volume
99119, Page 1, O.P.R.,D.Co.,Tx. and Northwest corner of Lot 3, Block B of said
Georgian Place;
THENCE South 89 degrees 16 minutes 40 seconds East a distance of 454.13 feet to an
angle point bearing North 21 degrees 10 minutes 34 seconds East a distance of 8.88
feet from a 5/8 inch iron pin found at the intersection of the South R.O.W. line of Sandy
Lake Road and West line of that certain 3.0128 acre tract conveyed to General
Telephone Company of the Southwest by deed recorded in Volume 82021, Page 1087,
O.P.R.,D.Co.,Tx. for Northeast corner of Lot 21, Block A of said Georgian Place;
THENCE South 82 degrees 16 minutes 07 seconds East a distance of 559.14 feet to an
angle point bearing South 84 degrees 05 minutes 38 seconds East a distance of 203.29
feet from a 5/8 inch iron pin found at the intersection of the South R.O.W. line of Sandy
Lake Road, the East line of that certain 2.7614 acre tract conveyed to General
Telephone Company of the Southwest by deed recorded in Volume 82021, Page 1087,
O.P.R.,D.Co.,Tx. and West line of that certain 12.69 acre tract conveyed to H.T.
Ardinger, Jr. by deed recorded in Volume 80024, Page 676, O.P.R.,D.Co.,Tx.;
THENCE North 89 degrees 37 minutes 00 seconds East a distance of 509.36 feet to an
angle point bearing North 81 degrees 46 minutes 29 seconds West a distance of 88.97
feet from a 5/8 inch iron pin found in the South R.O.W. line of Sandy Lake Road for
Page 3 of 3
Date: 07/02/12
common Northeast corner of that certain Lot 2 of Sandy Lake Crossing as recorded in
Volume 88037, Page 2602, O.P.R.,D.Co.Tx. and Northwest corner of that certain Lot 3,
Block 1 of Sandy Lake Crossing as recorded in Volume 90012, Page 3601,
O.P.R.,D.Co.,Tx.;
THENCE North 88 degrees 47 minutes 32 seconds East a distance of 641.88 feet to a
point (N 7,038,868.11 E 2,430,730.58) for end of herein described centerline, containing
6,375.96 linear feet.
^� PREPARED FROM DEED RECORDS FURNISHED AND A
E of rF SURVEY MADE ON THE GROUND JUNE, 2012.
•I'`P�G\sTfReo 9 �
< ISAAC P. GRIER
5838 ,:�y • / _vek(i(7c,.
ISAAC P. GRIER R.P.L.S. 5838
OTE: Bearings, distances, acreages & coordinates are based on
NAD 83 Grid, North Central Zone, Texas State Plane Coordinate
System.
Grid to surface scale factor = 1.00014557
TANGENT TABLE Bearings,distances,acreages&coordinates are based on NAD 83
No. Bearing Dist. Grid,North Central Zone,Texas State Plane Coordinate System.
T-1 S 00°12'54"W 19.90' Grid to surface scale factor=1.00014557
T-2 N 62°19'19"E 220.87'
T-3 N 88°00'24"E 42.15' Original Scale : 1" = 300
T-4 N 41°55'55"W 45.81' OP/
T-5 S 55°11'30"E 112.88' 0 150 300 600
ID --.
co
TU Electric Graphic Scale in Feet C
Vol. 90048, Pg.2697 _
O.P.R.,D.Co.,Tx. . - LEGEND - N
2.726 Acres o
Aluminum U I.P.F IRON PIN FOUND
Cap Monument I c CENTERLINE
Found \ ,s--• -.� N 7,040,266.21 SURVEY LINE
\ E 2,424,901.68
\ v P.O.B. 1L' PROPERTY LINE
J.E. HOLLAND ct' ir9,
SURVEY, A-614 a, S9° \
\\ -3 T.L. HOLLAND
R .
I
Sandy Lake Road 1/2" I.P.F..- .0�� T-1 SURVEY, A-624
i �i S'Qest,9
060-7,-7• .centerline proposed
Lot 82 Lot 24 Lot 1 Lot 1 8S'0 transmission line •T-4
Block A Block B Block A .\
CC \\
Lot 20 • DETAIL . `
N not to scale
Oakbend Addition S' 90 i `
Vol. 91059, Pg. 1427 Lot 21 sr9i v,.9 ��/
0.P.R.,D.Co.,Tx. 00sr •.O
Lot 27' F
J. MOORE Lot 26 •••• \, a $ ��o�
SURVEY, A-968 south R.O.W.line �\77.00, �`Z`�O �� ,�1 17,of Sandy Lake Road N 2> wQ.�,`�\O!�
H r
r \• P\
"r1• Lot 1 .,.\ 1 4/.�
The Woodlands of Coppell N `V
Vol. 95200, Pg. 2733 S 55°11'30"E s e'
0.P.R.,D.Co.,Tx. 112.88' std,.
9
Lot 2 1:cp.;jam`\
9-
EXHIBIT B 5
,- - T _ ` showing 'Se' 0°'
P.• .sTE• -( N
I ) Q- RFO"•:4si ONCOR ELECTRIC DELIVERY oQQ.Q o,}' °y
*: :*, CENTERLINE OF °ti no�o�'0- -e, �(
< ISAAC P. GRIER ► PROPOSED EASEMENT xA "'Q -4° •
\(-...13.1, 58. 8 being located within the right of way of 'C) 0,:: ° °,�ti4)o�• \+
N-72 .Fe S 5 ,°ate° SANDY LAKE ROAD c�`� .q R...°°`
L S ii.‘: in' in the ,40 °
,,,•- J.E. HOLLAND SURVEY, A-614
PREPARED FROM DEED RECORDS FURNISHED AND A J. MOORE SURVEY,A-968
SUR MADE ON T GROUND IN JUNE, 2012. T.L. HOLLAND SURVEY, A-624
• G.W. JACK SURVEY, A-694
// S.A. & M.G. RAILROAD COMPANY Sempco Surveying,Inc.
SURVEY,A-1430 3208 S.Main St.
I 'C P. GRIER R.P.L.S NO. 5838 Ft.Worth,TX 76110
Proj. No. 9407-ESMT-1-OF-3 Dallas County, Texas (817)926-7876
SCALE 1"=300' ONCOR SHEET NO.
DWN:PL DALLAS COUNTY, TEXAS (see attached field notes) ELECTRIC 1 OF 3
DATE: 07/05/12 DELIVERY
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•■
4' 3208 S.Main St.
Whispering Hills Drive I Ft.Worth,TX 76110
Proj. No. 9407-ESMT-2-OF-3 / / 1 l _ ` (817)926-7876
SCALE 1"=300' ONCOR SHEET NO.
DWN:PL DALLAS COUNTY, TEXAS (see attached field notes) ELECTRIC 2 OF 3
DATE: 07/05/12 DELIVERY
cn X Forest Cove Phase II
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C m Vol. 98032, Pg. 10 L{ 1
<-a 0.P.R.,D.Co.,Tx.
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Vol. 82021, Pg. 1087 I 0
O.P.R.,D.Co.,Tx. 0)
3.0128 Acres 5/8" I.P.F. CD
General Telephone Co. Co >v -P U1
of the Southwest b0 0 Z C
71 Vol. 82021, Pg. 1087 , _N cn .Q 'n cri
ra r� D 0.P.R.,D.Co.,Tx. i rn co r rn
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CD D I o co Sempco Surveying,Inc.
o I c co r 3208 S.Main St.
' •. o
03 co Ft.Worth,TX 76110
Proj. No. 9407-ESMT-3 O�-3 (817)926-7876
SCALE 1"=300' ONCOR SHEET NO.
DWN:TRK DALLAS COUNTY, TEXAS (see attached field notes) ELECTRIC 3 OF 3
DATE: 07/05/12 DELIVERY