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Home My WebLink About2001-005S\Our ORDINANCE NO � 00/ - 00-6- AN ORDINANCE OF THE CITY OF DENTON APPROVING AN ENCROACHMENT ON EASEMENT AGREEMENT BETWEEN THE CITY OF DENTON AND THE TXU ELECTRIC COMPANY, SUCCESSOR TO THE TEXAS POWER & LIGHT COMPANY ("TXU ELECTRIC") RELATING TO THE LOCATION OF A CITY WATER PIPELINE WITHIN A TXU ELECTRIC UTILITY EASEMENT DESCRIBED IN THAT CERTAIN EASEMENT RECORDED IN VOLUME 560, PAGE 602 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS NEAR WHERE SAID EASEMENT INTERSECTS WITH U S HIGHWAY 377 WITHIN THE CITY OF DENTON, TEXAS, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS SECTION 1 The City Manager, or his designee, is hereby authorized to execute a Encroachment on Easement Agreement between the City of Denton and the Texas Electric Company in substantially the form of the Agreement which is attached to and made a part of this ordinance for all purposes, for the purpose of locating a City water pipeline within a TXU Electric utility easement as described therein SECTION 2 The City Manager is authorized to make the expenditures as set forth in the attached Agreement SECTION 3 This ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of 6 i , 2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY ...iVED AS TO LEGAL F*RM M �iI 603000 ENCROACHMENT ON EASEMENT E-145345 Date October 3, 2000 Re Request No 2004639 N W Carrollton-Gainsville Michael Jez City of Denton 221 N Elm Denton, Texas 76201 Dear Mr Jez N W Carrollton-GainwMe TP&L E-145345 Request No 2004639 The City of Denton (hereinafter referred to as User) has requested permission to construct, operate and maintain a twenty inch water line within the area or boundaries of TXU Electric Company's (TXU Electric), successor to the Texas Power & Light Company, easement recorded in Volume 560, Page 602, Deed Records of Denton County, Texas TXU Electric is agreeable to the drainage inlet, hereinafter referred to as the "encroaching facility", if the encroaching facility is located and described as shown on the attached drawing, marked Exhibit "A" and incorporated herein, and subject to the following terms and conditions It is understood and agreed that TXU Electric holds easement rights on the property involved, therefore, User will be required to obtain whatever rights and permission, other than TXU Electric's, that are necessary This letter agreement shall extend to and be binding upon User and its heirs, successors, and assigns, and is not to be interpreted as a waiver of any rights held by TXU Electric under its easement 2 User shall defend, indemnify and hold harmless TXU Electric, its employees and agents from and against any and all claims, expenses, (including attorney fees), damages, losses and judgments whether for bodily injury or damage to property whether or not arising from the sole or concurrent negligence or fault of TXU Electric or its employees, arising out of or incident to the presence, construction, operation and maintenance of the encroaching facility Use of draghnes or other boom -type equipment in connection with any work to be performed EASEMENT rose I on the TXU Electric easement by User, its employees, agents, representatives or contractors must comply with Texas Statute (3TexCiv St 1436c), the National Electric Safety Code and any other applicable safety or clearance requirements Notwithstanding anything to the contrary herein, in no event shall any equipment be within fifteen feet of the TXU Electric power lines situated on the aforesaid property User must notify the Fort Worth Region Transmission at (817) 496-2736, 48 hours prior to the use of any boom -type equipment on the TXU Electric easement The encroaching facility does not currently interfere with TXU Electric's usage, but if in the future the encroaching facility, in the sole judgment of TXU Electric, does interfere with the use or enjoyment of its easement rights, TXU Electric shall have the right to remove said encroaching facility TXU Electric shall notify User in writing that within 90 days, the encroaching facility must be removed at User's sole cost If at the end of the 90 day period the encroaching facility has not been removed, TXU Electric shall remove it at User's expense TXU Electric will not be responsible nor will compensation be paid for damages incurred by such removal However, in an emergency, TXU Electric shall have the right to immediately remove the encroaching facility If the encroaching facility is removed, TXU Electric will not unreasonably withhold consent for User to relocate the encroaching facility within the easement It is expressly understood and agreed that if the property has transmission or distribution facilities located thereon, User shall not place upon the premises, any improvements including but not limited to, buildings, light standards, fences, shrubs, trees or signs unless approved in writing by TXU Electric It is agreed that no trash dumpsters, toxic substances or flammable material will be allowed on the easement TXU Electric will not be responsible for any costs of construction, operation and maintenance of User's encroaching facility It is further agreed that TXU Electric shall not be liable for any damage to the encroaching facility herein agreed to as a result of TXU Electric's use pursuant to its easement Any TXU Electric property damaged or destroyed by User or its agents shall be repaired or replaced by TXU Electric at User's expense and payment is due upon User's receipt of an invoice from TXU Electric General construction limitations on encroachments are described and listed in Exhibit "B", attached hereto and by reference made a part hereof 9 It is understood and agreed that, in case of default by User or its agents in any of the terms 10 and conditions herein stated and such default continues for a period of ten (10) days after TXU Electric notifies User of such default, TXU Electric may at its election forthwith terminate this agreement and upon such termmation all of User's rights hereunder shall cease and come to an end This agreement shall also terminate upon the abandonment of the ENCROACHMENT ON EASEMENT Page encroaching facility If the foregoing terms and conditions are acceptable to the City of Denton, please have the original and a copy of this letter agreement signed and returned to me at 300 S St Paul, Suite 301, Dallas, Texas 75201, within 30 days for final approval by TXU Electric This letter agreement shall be effective only after final approval by TXU Electric ACCEPTED APPROVED Yours Truly, Shannon D Gray DATE 6�[iUj ;g 200p / RM Dennis Tucker Manager of Fort Worth Transmission 11XV101 MI ENCROACHMENT ON EASEMENT Page) STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Dennis Tucker, Fort Worth Transmission Manager of TXU 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 TXU Electric Company, and for the purposes and consideration therein expressed and in the capacity therein stated GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of Notary Public in and for the State of Texas STATE OF TEXAS COUNTY OF DENTON BEFORE ME, the undersigned authority, A Notary Public in and for said County and State on this day personally appeared, Michael Jez, City of Denton, City Manager known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same as the act and deed of said City of Denton and for the purposes and consideration therein expressed and in the capacity therein stated GIVr/EN U�INDER MY HAND AND SEAL OF OFFICE this Ku Oi day of , 200Y v Or ANN FORSYTHE �Ir��l1 Notary Public, State of Texas My commission Expires MAY 9, 2002 --- L I, Not Public in and for thtl State of Texas Acknowledgment