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HomeMy WebLinkAboutResolution 1994-023 RESOLUTION NO. 94-23 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, THAT: 1. The Mayor is hereby authorized to execute the attached lO-foot wide sanitary sewer line easement document granting an easement from TU Electric to the City of North Richland Hills across a 1DO-foot wide strip of land in the D.C. Manning Survey as described in Volume 2844, Page 281 of the Deed Records of Tarrant County, Texas. PASSED AND APPROVED this 23rd day of May, 1994. APPROVED: ~~ TOmm~Mayor ATTEST: APPROVED AS TO FORM AND LEGALITY: ~--- ...-/. J ) /'. .. - </ / /1 ~---- /··t¿:?¿-</;;a; Rex M-éEntire, AttÒfiÍey for the City " SANITARY SEWER EASEMENT AND RIGHT OF WAY THE STATE OF TEXAS § § COUNTY OF TARRANT § KNOW ALL MEN BY THESE PRESENTS That TEXAS UTILITIES ELECTRIC COMPANY, a Texas corporation, hereinafter referred to as Grantor, for and in consideration ofTEN AND NO/lOa DOLLARS ($10.00), and other good and valuable consideration to it in hand paid by the City of North Richland Hi11s, 731 N.E. Loop 820, North Richland Hi11s, Texas 76182, hereinafter referred to as Grantee, has granted, sold and conveyed and by these presents does hereby grant, sell and convey unto said Grantee a nonexclusive easement and right of way for the purpose of constructing, maintaining and operating a sanitary sewer line, hereinafter referred to as Grantee's Facility, in, over, under, across and along the following described property: SEE ATTACHED EXHIBIT "A" There is also granted to Grantee, its successors or assigns, a nonexclusive easement to use only so much of Grantor's adjoining land, during temporary periods, as may be necessary for the construction, maintenance, and repair of said Grantee's Facility. Such use shall not interfere with Grantor's use of such property in the operation of its business and Grantee shall properly maintain such property during construction and at the conclusion of such construction remove all construction debris and other materials from such property and restore such property to the same condition it was in prior to the commencement of Grantee's construction thereon or in proximity thereto. Use of draglines or other boom-type equipment in connection with any work to be performed on Grantor's property by the Grantee, its employees, agents, representatives or contractors must comply with Chapter 752, Texas Health and Safety Code, the National Electrical Safety Code and any other clearance requirements and comply with the Construction Limitations on Texas Utilities Electric Company's right of way described on Exhibit liB II attached hereto and made a part hereof. Notwithstanding anything to the contrary herein, in no event shall any equipment be within fifteen feet of Grantor's facility situated on the aforesaid property. Grantee must notify the Texas Utilities Electric Company's Region Transmission Operations office at (214) 721-6257, 48 hours prior to the use of any boom-type equipment on Grantor's property except in an emergency. Grantor reserves the right to refuse Grantee permission to use boom-type equipment. Grantee shall locate its Facility within the easement so as not to interfere with any of Grantor's facilities. Grantee shall reimburse Grantor for any and all costs and expenses incurred by Grantor for any relocation or alteration of its facilities located on or near the easement that Grantor, in its sole discretion, determines are subject to interference from the said Grantee's Facility or from the exercise by Grantee of any of its rights hereunder. JoI1Ab.,:,~..... " This easement is granted upon the conditions that Grantee's Facility to be constructed shall be maintained and operated by Grantee at no expense to Grantor and Grantor shall not be responsible for any costs of construction, reconstruction, operation, maintenance or removal of Grantee's Facility. Grantor shall not be liable to Grantee for any damage to said easement or Grantee's Facility or other contents thereof, except when caused by the willful misconduct of Grantor, its agents, servants or employees. Grantor and Grantee each agree that if any claim or liability shall arise from the joint or concurring negligence of both parties hereto, it shall be borne by them in proportion to their negligence. It is understood that it is not the intention of the parties hereto to create liability for the benefit of third parties but that this agreement shall be solely for the benefit of the parties hereto. Grantee shall, at its own cost and expense comply with all applicable laws, including but not limited to existing zoning ordinances, governmental rules and regulations enacted or promulgated by any governmental authority and shall promptly execute and fulfill all orders and requirements imposed by such governmental authorities for the correction, prevention and abatement of nuisances in or upon or connected with said premises because of Grantee's use thereof. This easement, subject to all liens of record, shall continue only so long as Grantee shall use this right of way for the purpose herein described and the same shall immediately lapse and terminate upon cessation of such use. Upon termination of this easement or right of way for any reason, Grantee shall remove its Facility and restore the property hereinabove described to the same condition that such property was in at the beginning of the term of this agreement, ordinary wear and tear for the purpose herein authorized excepted. TO HAVE AND TO HOLD the above described easement and rights unto the Grantee, its successors and assigns, for the purposes aforesaid and upon the conditions herein stated until the same shall be abandoned for use by the Grantee for the purpose herein stated, then and thereupon this conveyance shall be null and void and the use of said land and premises shall absolutely revert to Grantor herein, its successors and assigns, and no act or omission on the part of them shall be construed as a waiver of the enforcement of such condition. -2- ..........-,. .,,-,~_~~==-.==,~~_~.:._.l._.. _n~~J_04__t..-.A.."", -~~\\"""=';'....:._- " AND Grantor does hereby bind itself, its successors and assigns, to WARRANT AND FOREVER DEFEND all and singular the above described easement and rights unto the Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through or under Grantor but not otherwise. EXECUTED as of this day of , 1994. GRANTOR: TEXAS UTILITIES ELECTRIC COMPANY By: l.R. Thompson Senior Vice President ST A TE OF TEXAS § § COUNTY OF TARRANT § GRANTEE: By: ~~Qi~ Tommy B13?Wn, ayor vJ Þ:;lEl- / BEFORE ME, the undersigned authority, on this day personally appeared l.R. THOMPSON, Senior Vice President of Texas Utilities Electric Company, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of the said Texas Utilities Electric Company, and for the purposes and consideration therein expressed and in the capacity therein stated, and that he was authorized to do so. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this , A.D., 1994. day of Notary Public in and for the State of Texas (Print Name of Notary Public Here) My Commission Expires: -3- · . STATE OF TEXAS § § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared TOMMY BROWN, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of the City of North Richland Hills, as the Mayor thereof, and for the purposes and consideration therein expressed and in the capacity therein stated, and that he was authorized to do so. GIVEN UNDER MY HAND AND SEAL OF OFFICE this May , A.D. 1994. 31st day of Larry Mick (Print Name of Notary Public Here) MX Commission ~es: tJl- to - f -4- · . FIELD NOTE DESCRIPTION 10' SANITARY SEWER EASEMENT BEING the centerline of 10 foot wide sanitary sewer easement situated in the L.C. Walker Survey, Abstract No. 1653, Tarrant County, Texas and being a part of Tract I of the Texas Electric Service Company right-of-way described by deed recorded in Volume 2844, Page 281, Deed Records, Tarrant County, Texas, and being more particularly described as follows: BEGINNING at a point in the south line of Tract I of the said Texas Electric Service Company right-of-way (a 75 foot right-of-way); said point being N 87°02'30" W, 1198.96 feet from the intersection of the south line of said Texas Electric Service Company right-of- way and the northwest right-of-way line of State Highway 26, Grapevine Highway (a variable width right-of-way) ; '}f THENCE N 02°57'30" E, a distance of 75.00 feet to the end of said centerline in the north line of Tract I of said Texas Electric Service Company right-of-way. EXHIBIT "Au ),- , . ., -- / -- - - --ø--/ / N02.57'30.~1 r¡- .... 7500' " , I 75' T.E.S.c.O. RIGHT-OF"-WAY / ~ I I TRACT 1 - VOL. 284~. PG. 281 ~~ ---1 I r- 10' SAN, SWR. ESMT. ì ~~ I I _ /" ~ - - - _S~'~ =--.!.!.9~ -ø- ":-:::y' (~~~ " ~«; POINT OF BEGINNING / ~Q;-~ CENTERLINE DESCRIPTION " / CITY OF NORTH RICHLAND HILLS / ~ ~ FAMILY AQUATIC PARK ~.,.¡.. 11 &Y"'Õ ~~ 8 .o)f. ~ G )f.~ ~ A 7"c,~~ a 1"=50' EXH I BIT nAu EXHIBIT 10' SANITARY SEWER EASEMENT TO THE CITY OF NORTH RICHLAND HILLS TARRANT COUNTY, TEXAS OUT OF THE L.C. WALKER SURVEY, ABSTRACT NO. 1653 PREPARED BY: BROCKETTE . DAVIS· DRAKE. INC, MAY, 1994 - -. '. EXHffiIT "B" CONSTRUCTION LIMIT A TIONS ON TV ELECTRIC COMPANY RIGHT OF WAY Blasting shall not be permitted on the right-of-way or under TU Electric lines. Grading will be done in order to leave the right-of-way in as near as possible to its present condition, Spoil dirt will be removed from the right-of-way and no trash is to be left on the right-of-way. Slopes shall be graded so that trucks can go down the right-of-way when required and such that slopes can be mechanically maintained. Pipeline alignments and elevations are based on drawings submitted to TU Electric. Any change in alignment or elevation will be resubmitted for approval which will not unreasonably be withheld. Equipment shall not exceed 15 feet in height when operated under the electric lines. Draglines will not be used under the electric lines or on the right-of-way. Shoring will be required where excavation is within 15 feet of any structure and will extend 20 feet each side of the centerline of the structure. Shoring will be sufficient to withstand the added load of the structure and its footings, Shoring shall not be left open for extended periods of time, except when pipe or underground facilities are installed, shoring shall be removed and backfilled as soon as practical. Backfill will be thoroughly tamped. Water tamping will not be permitted within this area. Right-of-way will be protected from washing and erosion during User's construction and during periods of repair. No obstruction will be installed in the right-of-way that would interfere with access to TU Electric structures or prevent mechanical maintenance of TU Electric right-of-way. Equipment and materials will not be stored on the right-of-way during construction without written applOval of the Supervisor of Regional Transmission. Before any work is done under TU Electric lines or by TU Electric structures, User shall notify the Supervisor of Regional Transmission as noted in the document.