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Magnolia Park-ES 990209' ~ · ' AGENDA RE 4UES FORM ITEM CAPTION: Consider approval of granting a 15-foot utility easement Company and Ensearch Corporation across the Magnolia Park site generally wes Tap Road; and authorizing the Mayor to sign. SUBMITTED BY: Ken Griffin, P.E. TITLE: Director of Engineering/Public Works STAFF RECOMMENDS: APPROVAL to Texas Utilities Electric of and adjacent to Denton APPq BY CITY CO!JINCIL DAi'E ~ STAFF COMMENTS: With the development of the Magnolia Park subdivision, the City of Copl~ situated between Denton Creek and the Magnolia Park subdivision. TU Electric Engineering Department about installing electric service from Denton Cree conversations with representatives from TU Electric, it was noted that if they co the park site their facilities could be placed underground as opposed to aerial li~ Road. Because the facilities would be placed underground there would be no i~ utilize the surface area in the future. As can be seen on the attached exhibit, fi utility easement is adjacent to Denton Tap Road. Staffwill be available to answer any questions at the council meeting. BUDGET AMT. $ FINANCIAL COMMENTS:~\¥ AMT. EST. $ +k-BI[ CITY MANAGEI~ Document Name: #0209 Dm. INITIALS: ~F FIN. REVIEW~ Agenda Request Form - Revised 1/99 ;11 acquired a park generally has been in contact with the k to Magnolia Park. In ald acquire an easement on res adjacent to Denton Tap apact to the City's ability to ~r the most part the 15-foot DISTRICT: IRV WR: 1005278 EASEMENT NC EASEMENT AND RIGHT OF WAY THE STATE OF TEXAS COUNTY OF DALLAS KNOW ALL MEN BY T That the City of Coppell, hereinafter called "Grantor," whether one, consideration of Ten Dollars ($10.00) and other valuable consideration to G by Texas Utilities Electric Company, a Texas corporation, and Enserch Cc Corporation, 1601 Bryan Street, Dallas, Texas 75201-3411, hereinafter referr has granted and conveyed and by these presents does grant and convey unto successors and assigns, an easement and right-of-way for underground electric and communications lines, consisting of a variable number of wires and cable equipment, conduits, and for pipelines, cathodic protection equipment, aeri necessary or desirable appurtenances under, through, across and upon Grant as follows: SEE EXHIBIT "A' ATTACHED HERETO FOR DESCRIPTION OF EAS Grantor recognizes that the general course of said lines and/or pipeline bounds as described above, is based on preliminary surveys only, and Granto~ the easement and right-of-way and its general dimensions hereby granted shall location of said lines when constructed. Grantor further understands that no be allowed within said easement. Together with the right of ingress and egress along and upon said eas way and over and across Grantor's adjoining properties for the purpose of a construct, inspect, maintain, operate, repair, remove replace, reconstruct, ab to change the size and capacity of said lines and pipelines; the right to relo~ general direction of said lines and pipelines; the right to relocate said lines same relative position to any adjacent road if and as such road is widened in to lease wire space for the purpose of permitting others to string or lay wire lines; the right to prevent excavation within the easement area, the right to I: of, within the easement area, any and all buildings, structures or other obstru sole judgment of Grantee, may endanger or interfere with the efficiency, safeti operation of said lines and pipelines and their appurtenances. Grantor shall r grade, elevation or contour of the land or impound water within the easeme~ above without prior written consent of Grantee. Grantee shall also be entitled lNG ~_.SE PRESENTS: )r more, for and in cantor in hand paid rporation, a Texas xl to as "Grantee", said Grantee, their power, gas supply, s, surface mounted al markers, and all )r's land described ~MENT AREA s, or the metes and hereby agrees that apply to the actual aerial facilities will ~ment and right-of- ad with the right to radon in place, and :ate along the same md pipelines in the :he future; the right or cable along said revent construction :tions which, in the ,, and/or convenient .ot make changes in it area as described to use an additional fifteen feet (15') of Grantor's adjacent land and additional land as reasonabl~ and water crossings for construction purposes, but this right shall terminate initial construction of Grantee's facility, and Grantee shall restore said ac preexisting same or similar condition upon completion of construction. Grantor reserves the right to use the land within the above describe¢ purposes not inconsistent with Grantee's use of such property, provided such sole judgement of the Grantee, interfere with the exercise by the Grantee granted. Grantee shall have the right to install gates in all existing and future easement and right-of-way, provided such gates will be installed in a manner such fences. Grantee shall construct and install all of their facilities in accor~ regulatory requirements. In addition to the consideration above recited for the easement and granted, the Grantee will pay to the owner of the land, and, if leased, to his be respectively entitled for actual damages to fences and growing crops and in on the easement and right-of-way caused by reason of the construction, main of said lines; provided, however, that no such payment will be made for re~ structures, or obstructions erected upon the easement and right-of-way at~ easement and right-of-way. TO HAVE AND TO HOLD the above described easement and right< Grantee, its successors and assigns, until all of said lines and pipelines shall in that event said easement and right-of-way shall cease and all rights h terminate and revert to Grantor or Grantor's heirs, successors or assigns; binds himself, his heirs, successors, assigns, and legal representatives, to defend the above described easement and right-of-way unto Grantee, its suc against every person whomsoever lawfully claiming or to claim the same or EXECUTED this dayof /a-g ~rc/~ ~ CITY~COPPEL~/~ -2- necessary at road pon completion of Litional land to its · easement area for ~se shall not, in the f the rights hereby fences crossing the hat will not weaken ance with existing ight-of-way hereby enant, as they may tprovements located tenance or removal noval of buildings, er granting of this ,f-way unto th e said be abandoned, and erein granted shall nd Grantor hereby rarrant and forever essors and assigns, any part thereof. STATE OF COUNTY OF GIVEN UNDER MY HAND AND SEAL OF OFFICE this /c'~ J~ r ~4 ~, ~~ ,A.D. 199'8,? onally appeared n whose name is ,'ecuted the same ~capacity theroin day of Notary Public in and for the State of (Print Name of Notary Public Here) · BEFORE ME, the undersigned authority, on this day pers ("- ~ ~ c[ ~1 ~_.~/~ ~' ~/~ ~ '~1 , known to me to be the persc subscribed t~the foregoinQ instrumej3t ag.d acknowledged to me that he as the act and deed of ~/' 7~j. o ~ (~ ~ F/~'.// , as the thereof, and for the purposes a~d consider~t~3n therein expressed and in th stated, and that he was authorized to do so. EXHIBIT "A" TU ELECTRIC EASEMENT BEING a 15.00 foot wide strip of land situated in the Clarinda, Squires 1327 in the City of Coppell, Dallas County, Texas and being part of a tract o BancPlus Savings Association by a deed recorded in Volume 2583, Page 245 o Denton County, Texas and being more particularly described as follows: COMMENCING at a point of intersection of the north line of Denton width right-of-way) with the south line of State Highway No. 121 (a variabh Thence along the said west line of Denton Tap Road the following courses a[ 160.00 feet; Thence S. 08°16'51" E., 68.88 feet; Thence SOUTH, 893.88 feet; feet leaving the said west line of Denton Tap Road to the POINT OF BEGINNIiX TItENCE SOUTH, 226.00 feet to a point for corner being on the said w~ Road; comer; TItENCE S. 05°43'00" W., 0. l I feet along the said west line of Denton '1 THENCE SOUTH, 390.00 feet continuing along the said west line of point for corner; TItENCE N. 86o46'35" W., 15.01 feet leaving the said west line of Denl for comer; THENCE NORTH, 615.27 feet to a point for corner; THENCE EAST, 15.00 feet to the Point of Beginning and containing 0.2 feet) of land. Survey, Abstract No. f land as conveyed to the Deed Records of l'ap Road (a variable width right-of-way); d distances: SOUTH, Thence WEST, I0.00 G; ,'st line of Denton Tap 'ap Road to a point for )enton Tap Road to a ~n Tap Road to a point 12 acres (9,231 square Page I of Z  POINT I.._ $OU T. IGO. O0' . ,' ., ,, ~ ~ ~ ~ '--..EAST' -- J ~i ~S 0 u  226 _ , 86°46' 15.01 I 5.00' WIDE TU ELECTRIC EASEMEN CITY OF COPPELL CLARINDA SQUIRES SURVEY, ABST. DALLAS COUNTY , TEXAS 0 DOWDEY, ANDERSON & 5225 VILLAGE CREEK DRIVE (972) 931-0694 PLANO ASSOCIATES,iNC. SUITE 200 TEXAS 75093 N COMMENCING ' O0"W. O. 1327 LE I"-'200'DATE 8-4-97 JOB NO. 96-080 Paae ? nf ?