HomeMy WebLinkAbout2001-057FILE REFERENCE FORM 2001-057
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F \SHARED\pEPnLGL\Our DocumentAOrdmancea\01MU Encroachment Agreement Graveyard Branch Sewer doe
ORDINANCE NO A01 QJ %
AN ORDINANCE OF THE CITY OF DENTON APPROVING AN ENCROACHMENT ON
EASEMENT AGREEMENT BETWEEN THE CITY OF DENTON AND TXU ELECTRIC
COMPANY, SUCCESSOR TO THE TEXAS POWER & LIGHT COMPANY ("TXU
ELECTRIC") RELATING TO THE LOCATION OF A CITY SANITARY SEWER LINE
WITHIN A TXU ELECTRIC UTILITY EASEMENT DESCRIBED IN THAT CERTAIN
EASEMENT RECORDED IN VOLUME 559, PAGE 540 OF THE DEED RECORDS OF
DENTON COUNTY, TEXAS NEAR WHERE SAID EASEMENT INTERSECTS WITH THE
GRAVEYARD BRANCH SANITARY SEWER LINE PROJECT 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 an
Encroachment on Easement Agreement between the City of Denton and TXU 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 sanitary sewer line for the Graveyard Branch
Sanitary Sewer Line Project within a TXU Electric utility easement as described herein
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 �4h day of A� 1_, 2001
C 4
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
AP OVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY &"ram z C ,
ENCROACHMENT ON EASEMENT
The City of Denton (hereinafter referred to as User) has requested permission to construct,
operate and maintain thirty-six inch sanitary sewer line within the area of boundaries of TXU
Electric Company's (TXU Electric), successor to the Texas Power & Light Company, easement
recorded in Volume 559, Page 540, Deed Records of Denton County, Texas
TXU Electric is agreeable to the sanitary sewer line, 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
1 It is understood and agreed that TXU Electric holds easement rights on the property
involved, therefore, User %rill be required to obtain whatever rights and permission, other
than TXU Electric's that are necessary This 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 TAU Electric tinder its easement
2 User shall defend, indemnify and hold harmless TXU Electric, its employees and agents
from and against any 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 employe(ss, arising out of
or incident to the presence, construction, operation and maintenance of the encroaching
facility
3 Use of draglines or other booni-type equipment in connection with any work to be
performed on the TXU Electric easement by User, its employees, agents, representatives
or contractors must comply with Texas Statute (3 Tex Civ ST 1436c), the National
Electric Safety Code and any othet applicable safety or clearance requirements Not
withstanding 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
4 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 TAU 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
Encroachment On Easement Page 1
is removed, TXU Electric will not unreasonably withhold consent for User to relocate the
encroaching facility within the easement
5 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
6 It is agreed that no trash dumpsters, toxic substances or flammable material will be
allowed on the easement
7 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
8 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 terms 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 elution forthwith
terminate this agreement and upon such termination all of User's rights hereunder shall
cease and come to an end This Agreement shall also terminate upon the abandonment of
the encroaching facility
APPROVED
CITY OF DENTON TEXAS
-I�4�EIEA£�F-�1t—�E�; f-I �FA�EIt
MICHAEL A CCND F CITY MANAGER
DATE '�� 12001
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
EnA chment On Easement Page 2
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY
APPROVED
TXU ELECTRIC
BY
DENNIS TUCKER
Manager of Fort Worth Transmission
DATE (-0 (( 2001
S \Our Docom,nts\Contracts\01 \FNCROACI IM1IrN F ON EASFNIFNT Graveyard branch doc
Encroachment On Easement Page 3
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 be the person whose name t-
subscnbed to the foregoing instrument and acknowledged to me that he executed the same as the act anc
deed of the said TXU Electric Company, and for the purposes and consideration therein express and ii
the capacity therin stated
GIVE UNDER MY HAND ANDS OF OFFICE THIS
day of(-N7&2001
STATE OF TEXAS
COUNTY OF DENTON
Notary pit is in and
Melissa Bernal
Notary Public, State of Taxes
*Comm Explrea Oa/23/05 j
Michael A. Conduff
BEFORE ME, the undersigned_Jauthority, A notary public in and for
this day personally appeared,-N1tehtke4-SAL Jag; City Manager, City of Denton,
the person and officer whose name is subscribed to the foregoing instrument
that he executed the same as the act and deed of said City of Denton
consideration therein expressed and in the capacity therein stated
GER MY H ANDS AL OF OFFICE THIS
day of r 2001
,ff wF4 ANN FORSYTHE
Notary Publlo, State of Texas
My Commission Wass
r MAY 9, 2002
Acknowledgement
of
said County and State o
Texas known to me to b,
anti acknowledged to m,
aid for the purposes anc
,I
EXHIBIT "B"
CONSTRUCTION LIMITATIIONS
ON
TXU ELECTRIC COMPANY RIGHT-OF-WAY
1 Blasting shall not be permitted on the right-of-way or under TXU Electric lines
2 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 access the right-
of-way when required and such that slopes can be mechanically maintained
3 Grading alignments and elevations are based on drawings submitted to TXU Electric
Any change in alignment or elegy ation w ill be resubmitted for approval which will not
unreasonably be withheld
4 Equipment shall not exceed 15" feet in height when operated under the electric lines
5 Draglines will not be used under the electric lines or on the right-of-way
6 No grading shall be done within 25" feet of any tower
7 Right-of-way will be protected from washing and erosion during User's construction
and during periods of repairs
8 No obstruction will be installed in the right-of-way that would interfere with access to
the TXU Electric structures or present mechanical maintenance of TXU Electric
right-of-way
9 Equipment and materials will not be stored on the right-of-way during construction
without the written approval of the Supervisor of Dallas Region Transmission as
noted in the Encroachment on Easement
10 We must ha,,e room to access lines We will not be responsible for damage to
masonry or any other type of fence on parking areas while accessing lines
11 TXU reserves the rights for future use of this right of way including ingress and
egress, constructing, reconstructing, removing, relocating, maintaining, operating, etc
any required transmission and/or distribution facilities at no cost to TXU
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