06-035 - R TOWN OF PROSPER, TEXAS RESOLUTION NO. 06-35
A RESOLUTION OF THE TOWN COUNCIL FOR THE TOWN OF PROSPER, TEXAS,
HEREBY AUTHORIZING THE MAYOR OF THE TOWN OF PROSPER, TEXAS, TO
EXECUTE AN ELECTRIC EASEMENT TO COSERV ELECTRIC TO SUPPORT THE
CONSTRUCTION OF THE TOWN'S GROUND WATER STORAGE TANK AND PUMP
STATION.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS:
SECTION 1: The Mayor of the Town of Prosper, Texas, is hereby authorized to execute, on behalf
of the Town Council for the Town of Prosper, Texas, a electric easement to CoSery Electric to support the
construction of the Town's ground water storage tank and pump station.
SECTION 2: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS THE 11th day of April, 2006.
harles Niswan er, Mayor
ATTEST TO:
nae Jennings, T Secretary
ELECTRIC LINE EASEMENT AND RIGHT-OF-WAY
STATE OF TEXAS * MAP GRID
* WO#
COUNTY OF DENTON * EASEMENT NO.
SO#
EFFECTIVE DATE:April 1,2006.
GRANTOR: Town of Prosper,Texas
GRANTOR'S MAILING ADDRESS(including county): P.O.Box 307
Prosper,Texas 75078
Collin County
GRANTEE: DENTON COUNTY ELECTRIC COOPERATIVE,INC.,
d/b/a COSERV ELECTRIC
7701 South Stemmons
Corinth,Texas 76210
CONSIDERATION: The provision of electrical service and/or other benefits inuring to GRANTOR and/or Ten and No/100's dollars
($10.00) and other good and valuable consideration, the receipt and sufficiency of some consideration deemed valuable to GRANTOR
being hereby expressly acknowledged and accepted by GRANTOR.
EASEMENT PROPERTY: The EASEMENT PROPERTY is that certain tract or tracts of land more particularly described in the attached
Exhibit A,incorporated herein by this reference for all purposes together with the subsurface below,but excluding the air space above the
tract(s)of land.
PROJECT:The PROJECT(s) means underground electric transmission and/or electric distribution line or lines, consisting of a variable
number and sizes of wires, cables, and circuits, and all necessary or desirable appurtenances, appliances, facilities and equipment
(including but not limited to supporting structures,insulators,above-ground,pad-mounted transformers and equipment,and other facilities
whether made of wood,metal or other materials).
GRANT: GRANTOR, for the CONSIDERATION received by GRANTOR, hereby grants, sells, and conveys to GRANTEE a non-
exclusive EASEMENT appurtenant in, upon, and across the EASEMENT PROPERTY, together with all and singular the rights and
appurtenances thereto in any wise belonging,to have and hold it to GRANTEE and GRANTEE'S successors and assigns forever.
PURPOSE:The EASEMENT,right-of-way, rights, and privileges herein granted shall be used for the sole purpose of providing electric
utility service, constructing, placing, operating, maintaining, reconstructing, replacing, relocating, reconstituting, changing the size or
nature of, rebuilding, upgrading, expanding, removing, inspecting, patrolling, and/or repairing the PROJECT(s) or any part of the
PROJECT(s), and making connections therewith. The PURPOSE shall also include use of the EASEMENT, right-of-way, rights and
privileges granted herein for any use directly related to the PROJECT(s) or financing of the PROJECT(s), including but not limited to
performing archeological,historical,environmental,or other studies. GRANTEE shall have the right to use such portions of the property
along and adjacent to the EASEMENT PROPERTY and right-of-way as may be reasonably necessary in connection with the PURPOSE
stated,or any one or more of them relating to the PROJECT(s),or any part thereof.
ACCESS: GRANTEE shall have the right of pedestrian, equipment, and vehicular ingress and egress at all times upon and across the
EASEMENT PROPERTY for the above stated PURPOSE. GRANTEE shall also have the right of pedestrian,equipment,and vehicular
ingress and egress over existing roads across the adjacent or remainder property of GRANTOR for the purpose of obtaining access. In the
event that access is not reasonably available over existing roads,GRANTEE shall have the right of reasonable pedestrian,equipment,and
vehicular ingress and egress over the adjacent property of GRANTOR along any route that is reasonable and appropriate under the
circumstances then existing in order to obtain access. GRANTEE shall have the right to place temporary poles,towers,anchorages,guys,
and supporting structures for use in erecting or repairing the PROJECT(s). GRANTEE shall have the right to use such portions of the
property along and adjacent to the EASEMENT PROPERTY and right-of-way as may be reasonably necessary in connection with the
construction,reconstruction,repair or other PURPOSE stated above relating to the PROJECT(s),or any part thereof.
TERM: The EASEMENT, other privileges and access rights granted herein, as well as the covenants made herein,shall be perpetual
and appurtenant to the land,unless expressly abandoned by the GRANTEE for a continuous period of 10 years.
TREES: GRANTEE shall have the right to cut, trim, chemically treat with herbicides, and/or remove trees, shrubs,bushes,brush and
vegetation within or adjacent to the EASEMENT PROPERTY or otherwise necessary to realize the PURPOSE herein stated.
STRUCTURES: GRANTOR shall not construct or locate on the EASEMENT PROPERTY any structures, obstructions or
improvements that GRANTEE determines,in its sole discretion,interferes with the PURPOSE of this EASEMENT. Upon the request of
GRANTEE,GRANTOR promptly shall remove from the EASEMENT PROPERTY any structure,improvement,or obstruction that is so
determined by GRANTEE to interfere with its use of the EASEMENT PROPERTY at no cost to the GRANTEE. Additionally,
GRANTEE shall have the right to remove from the EASEMENT PROPERTY any structures,improvement or obstruction that GRANTEE
determines interferes with its use of the EASEMENT PROPERTY and GRANTOR agrees to pay GRANTEE the reasonable cost of such
removal.
DAMAGES: It is understood and agreed that the CONSIDERATION received by GRANTOR includes adequate compensation for all
damages for the initial construction and all operation and maintenance of the PROJECT(s)as well as all damages,if any,to GRANTOR'S
property which may occur in the future after the original construction of the PROJECT(s),directly resulting from GRANTEE's exercise of
any PURPOSE. GRANTEE shall not be liable for damages caused by keeping the EASEMENT PROPERTY clear of trees,undergrowth,
brush,and obstructions.
MINERAL: GRANTOR expressly reserves all oil,gas,and other minerals owned by GRANTOR in,on,and under the EASEMENT
PROPERTY,provided that GRANTOR shall not be permitted to,and shall not allow any party to,drill or excavate for minerals on or from
the surface of the EASEMENT PROPERTY, but GRANTOR may extract oil, gas, or other minerals from and under the EASEMENT
PROPERTY by directional drilling or other means which do not interfere with or disturb GRANTEE's use of the EASEMENT
PROPERTY. GRANTOR agrees to consult with GRANTEE concerning the location of GRANTEE's facilities in the EASEMENT
PROPERTY prior to exercising GRANTOR's rights under this paragraph. To the extent permitted by law, GRANTOR indemnifies and
agrees to hold GRANTEE harmless for and against all losses, costs, expenses, and other claims that may be suffered by, or otherwise
claimed against GRANTEE in whole or in part due to GRANTOR's exercise of its rights under this paragraph.
OWNERSHIP: GRANTOR agrees that all wires,cables,circuits,appurtenances,facilities,appliances and equipment installed upon the
EASEMENT PROPERTY shall at all times remain the property of the GRANTEE and are removable at the option of the GRANTEE,
regardless of the extent to which such items are attached or affiliated to the EASEMENT PROPERTY or any improvements thereon,or the
extent to which removal of such items may damage such items or the EASEMENT PROPERTY or improvements located thereon.
ASSIGNMENT AND MISCELLANEOUS: This instrument,and the terms and conditions contained herein,shall inure to the benefit of
and be binding upon GRANTEE and GRANTOR, and their respective heirs,personal and legal representatives, successors, and assigns.
When the context requires, singular nouns and pronouns include the plural. When appropriate, the term "GRANTEE" includes the
employees and authorized agents of GRANTEE. GRANTEE shall have the right to assign this instrument, and the rights and privileges
hereunder in favor of GRANTEE,in whole or in part.
WARRANTY: GRANTOR warrants and shall forever defend the EASEMENT to GRANTEE against anyone lawfully claiming or to
claim the EASEMENT or any part thereof,by,through or under GRANTOR,but not otherwise.
EXECUTED as of the EFFECTIVE DATE.
GRANTOR:
THE STATE OF TEXAS *
COUNTY OF Cif
This instrument was acknowledged before me on this 2. 1 day of ,2006,by GLt'les hs WC4'1 %
V
tk , J / r 0
ooupies c.Mousel '•T• P i:LIC
f*; CommY CoressIon Expires
or October 30,2007
4,
EXHIBIT"A"
1 OWNER: CITY OF PROSPER
PERMANENT ELECTRIC LINE EASEMENT
1 J.HORN SURVEY,ABSTRACT No.411
COLLIN COUNTY,TEXAS
Being a permanent electric line easement situated in the J.Horn Survey,Abstract No.411, Collin County,
Texas and being a portion of a 1Z.344 acre tract of land(by deed)being deeded to the City of Prosper as
recorded in Volume 6022, Page 4349 of the Deed Records of Collin County, Texas, said permanent
electric line easement being more particularly described by metes and bounds as follows:
BEGINNING at a 3/4 inch iron rod found for the most easterly southeast corner of said 12.344 acre tract
of land, said 3/4 inch iron rod being in the west right-of-way line of F. M. 2478 (Custer Road),a variable
width right-of-way;
'THENCE South 89 degrees 26 minutes 35 seconds West, with the south line of said 12.344 acre
tract of land, a distance of 992.98 feet to a 3/4 inch iron rod found for an interior ell r
v corner in the south line of said 12.344 acre tract of land; 1
i
THENCE South 00 degrees 53 minutes 02 seconds East,with the south line of said 12.344 acre tract
of land, a distance of 338.76 feet to a point for corner, from which a 3/4 inch iron rod
found for an exterior ell corner in the south line of said 12.344 acre tract of land bears
1 South 00 degrees 53 minutes 02 seconds East a distance of 276.22 feet;
1
!3, THENCE North 90 degrees 00 minutes 00 seconds West, a distance of 24.74 feet to a point for
corner;
THENCE North 00 degrees 00 minutes 00 seconds East, a distance of 25.83 feet to a point for
corner;
THENCE South 90 degrees 00 minutes 00 seconds East, a distance of 19.34 feet to a point for
corner;
A
THENCE North 00 degrees 53 minutes 02 seconds West, a distance of 317.88 feet to a point for
corner;
THENCE North 89 degrees 26 minutes 35 seconds East, a distance of 998.00 feet to a point for
corner in the east line of said 12.344 acre tract of land, said point being in the west right-
of-way line of said F. M. 2478, from which a 3/4 inch iron rod found for the most
easterly northeast corner of said 12.344 acre tract of land bears North 00 degrees 33
minutes 50 seconds West,a distance of 50.04 feet;
(Exhibit"A")Page 1 of 4
GORRONDONA&ASSOCIATES,INC. 6707 BRENTWOOD STAIR RD SUITE 50 FORT WORTH,TEXAS 76112 817-496-1424 FAX 817-496-1768
THENCE South 00 degrees 33 minutes 50 seconds East, with the east line of said 12.344 acre tract
of land and with the west right-of-way line of said F. M. 2478, a distance of 5.00 feet to
the POINT OF BEGINNING and containing 7,188 square feet or 0.165 acres of land,
more or less.
1,1
NOTE: All bearings and coordinates are referenced to the Texas Coordinate System, NAD-83,The North
Central Zone, based on TxDoT Control Monuments #R0430026, #R0430038 and #R0430019,
with a TxDoT Surface Factor for this project of 1.000152710, distances and areas shown are
surface.
i
:!:
1
1
*SURVEYOR'S CERTIFICATE*
TO ALL PARTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED, I DO HEREBY
CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED FROM PUBLIC
RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND
0 THAT SAME IS TRUE AND CORRECT. ,
Company Name: Gorrondona&Associates,Inc.
I
:-: .... /e.; , ,
By.
Surveyor's Name: Curtis Smith j� -I
Y �t 4:•" t;TEF 1
Registered Professional Land Surveyor, f/> '"--ek '�:,'«,s `i
Texas No. 5494 j > "`°'"'""""" °'°' '
t
Date of survey:November 14,2005 \'\?(`, , '49 : ,*..c
li
\c,l/; ,o.•, .:ci`
(Exhibit "A")Page 2 of 4 --<:::,\;s71
GORRONDONA&ASSOCIATES,INC. 6707 BRENTWOOD STAIR RD SUITE 50 FORT WORTH,TEXAS 76112 817-496-1424 FAX 817-496-1768
PLAT OF EXHIBIT "A"
MATCH LINE "A"
1
FND 3/4"IR
PROPERTY LINE
PROP
ERN t_INE
1 FND 3/4"IR
J. HORN SURVEY I1
ABSTRACT No. 411 II
REMAINDER OF (TRACT 3)
A 25.593 ACRES (BY DEED)
1 0 310 PROSPER, L P.
VOLUME 5823, PAGE 3462
REMAINDER OF 1 D.R.C.C.T.
65.593 ACRE TRACT (BY DEED) (1) iri Z I
FF 14TH FAIRWAY UMITED PARTNERSHIP z
VOLUME 4189, PAGE 1138 Co:.1cp Im
D.R.C.C.T. "1-IIv
-sli
li 12.344 ACRE TRACT (BY DEED)
• I CITY OF PROSPER
PERELECTRIC UNE EASEMENT . I VOLUME 6022, PAGE 4349
(7,188 SQ. FT. OR 0.185 AC.) II D.R.C.C.T.
I
(0 CO
LINE TABLE 2 1°°
UNE BEARING DISTANCE 0 10
L-1 N 90'00'00"W 24.74 1 I
L-2 N 00'00.00"E 25.83 1 I
L-3 S 90'00'00"E 19.34 II
L-4 S 00'33.50"E 5.00
L-5 N 00'33'50"W 50.04
L-6 S 00'53'02"E 276.22 i
•
v
L-5 FND 3/4"IR — — — —
—
PROPERTY LINE PROPERTY LINE
F.O.B. t L-4
PERMANENT ELECTRIC
UNE EASEMENT
FND 3/4"IR Z
F.M. No. 2478 (CUSTER ROAD) 120 60 0 120
(VARIABLE WIDTH RIGHT—OF—WAY)
NOTE: AU. BEARINGS AND COORDINATES ARE REFERENCED TO THE TEXAS SCALE IN FEET
COORDINATE SYSTEM, NAD-83, THE NORTH CENTRAL ZONE, BASED
ON TxDOT CONTROL MONUMENTS #R0430026, fi0430038 AND .�
�RRO430019, WITH A TXDOT SURFACE FACTOR FOR THIS PROJECT ter_
bF 1.000152710, DISTANCES AND AREAS SHOWN ARE SURFACE. </ _ c>....
� �'. "
COS .
COSERV ELECTRIC � Ct,
7701 S. STEMMONS '`- CURTIS RAM )>;�
Electric CORINTH, TEXAS 76201-1842 � "•%4, 54(4�•,-,". \%
Built to Serve.Energizing Life. "„`'`'+'!-gy'.,•'.. j y
.T4 \
OWNER: CITY OF PROSPER ��''' y J�,arri'L ':`
SURVEY: J. HORN SURVEY, ABSTRACT NO. 411, COLLIN COUNTY, TEXAS
EASEMENT ACQUISITION AREA 7,188 SQUARE FEET OR 0.165 ACRES CURTIS SMITH
JOB NO. 0509-1672 DRAWN BY: RCS CADD FILE: 1672ESMT.DWG REGISTERED PROFESSIONAL LAND SURVEYOR
DATE: MARCH 22, 2006 PAGE 3 OF 4 SCALE: 1" = 120' NO. 5494
GORRONDONA & ASSOCIATES, INC. • 6707 BRENTWOOD STAIR ROAD, SUITE 50 FORT WORTH, TX. 76112 • 817-496-1424 FAX 817-496-1768
PLAT OF EXHIBIT "A"_ _/ _ _
-1-FND 3/4"IR PROPERTY LINE
LINE TABLE
LINE BEARING DISTANCE
/ L-1 N 90'00'00"W 24.74
L-2 N 00'00'00"E 25.83/
L-3 S 90'00'00"E 19.34
L-4 S 00'33'50"E 5.00
L-5 N 00'33'50"W 50.04
L-6 S 00'53'02"E 276.22
e
a
s
PERMANENT W
z ELECTRIC LINE EASEMENT Z
(7,188 SQ. FT. OR 0.165 AC.)
J. HORN SURVEY N 89'26'35"E _998.00' — _ _
a S 89'26'35"W 992.98' J U
ABSTRACT No. 411 __._� 1
.. .. Q
FND 3/4"IR PROPERTY LINE
COI
�•_( N
12.344 ACRE TRACT (BY DEED) tr'II M
CITY OF PROSPER k.
VOLUME 6022, PAGE 4349 I
D.R.C.C.T. 0 j W
In p REMAINDER OF
\ b IN
( 'i,) 65.593 ACRE TRACT (BY DEED)
o . FF 14TH FAIRWAY LIMITED PARTNERSHIP
z .I'p VOLUME 4189, PAGE 1138
�. O D.R.C.C.T.
U)
l�
L-3
L-2- e
120 60 0 120 J
L-1J
PROPERTY LINE
SCALE IN FEETI
-J
13.852 ACRE TRACT (BY DEED) 26.000 ACRE TRACT (BY DEED)
FORNEY-WALLY, LTD. FORNEY-WALLY, LTD.
C.C.F. No. 2005-0163923 C.C.F. No. 2005-0123848
R.P.R.C.C.T. R.P.R.C.C.T.
FND 3/4"IR _
PROPERTY LINE PROPERTY LINE
'NOTE: ALL BEARINGS AND COORDINATES ARE REFERENCED TO THE TEXAS
COORDINATE SYSTEM, NAD-83, THE NORTH CENTRAL ZONE, BASED
ON TxDOT CONTROL MONUMENTS #R0430026, #R0430038 AND �. "A'
#R0430019, WITH A TxDOT SURFACE FACTOR FOR THIS PROJECT !'-�<%r 1C.` •.,,
OF 1.000152710, DISTANCES AND AREAS SHOWN ARE SURFACE. �'
cr y" :„;„),c `;
i\ c''.."sz,c-6‘,:;:i1=V...V. „.
COSERV ELECTRIC ........ ""
CoSery s RTIS'SMITHY
7701 S. STEMMONS 1 �
Electric CORINTH, TEXAS 76201-1842 .,.•,es 5494 .Life. • • (TA. ,
OWNER: CITY OF PROSPER
SURVEY: J. HORN SURVEY, ABSTRACT NO. 411, COLLIN COUNTY, TEXAS
EASEMENT ACQUISITION AREA 7,188 SQUARE FEET OR 0.165 ACRES CURTIS SMITH
JOB NO. 0509-1672 DRAWN BY: RCS CADD FILE: 1672ESMT.DWG REGISTERED PROFESSIONAL LAND SURVEYOR
DATE: MARCH 22, 2006 PAGE 4 OF 4 SCALE: 1" = 120' NO. 5494
GORRONDONA & ASSOCIATES, INC. • 6707 BRENTWOOD STAIR ROAD, SUITE 50 FORT WORTH, TX. 76112 • 817-496-1424 FAX 817-496-1768