21-011ORDINANCE NO. 2 1-0 1 1
AN ORDINANCE APPROVING AN ENCROACHMENT ON EASEMENT AGREEMENT
BETWEEN THE CITY OF DENTON AND ONCOR ELECTRIC DELIVERY COMPANY,
LLC, RELATING TO THE CONSTRUCTION, OPERATION, AND MAINTENANCE OF
PUBLIC FACILITIES (“TAYLOR PARK BOULEVARD” CROSSING INCLUDiNG A TEN
(10) FOOT WIDE SIDEWALK CROSSING, FOUR (4) BY TWO (2) FOOT RCB CROSSING,
TWENTY.ONE (21) INCH RCP CROSSING, EIGHTEEN (18) INCH RCP CROSSING,
EIGHT (8) INCH WATERLINE CROSSING, EIGHT (8) INCH SANITARY SEWER
CROSSING, AND A DENTON MUNICIPAL ELECTRIC LINE BORE CROSSiNG) WITHIN
ONCOR’S EASEMENT; AUTHORIZING THE CITY MANAGER TO EXECUTE THE
AGREEMENT; AUTHORIZING THE EXPENDITURE OF FUNDS; AND, PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Cambridge Brook Phase 1 Addition final plat was approved by the
City’s Planning and Zoning Commission on October 7, 2020 and the related construction plans
for the Cambridge Brook Addition development (“Cambridge Brook”) were approved by City
staff on November 16, 2020; and
WHEREAS, the required public facilities associated with Cambridge Brook include the
location of a public street (“Taylor Park Boulevard”) crossing and a ten (10) foot wide sidewalk
crossing, a four (4) by two (2) foot reinforced concrete box (“RCB”) crossing, twenty-one (21 )
inch reinforced concrete pipe (“RCP”) crossing, eighteen (18) inch RCP crossing, eight (8) inch
waterline crossing, eight (8) inch sanitary sewer crossing, and a Denton Municipal Electric line
bore crossing within and across an C)noor Electric Company (“Oncor”) easement, recorded in
Volume 559, Page 570, Denton County, Texas; and
WHEREAS, Oncor requires an encroachment agreement for public infrastructure placed
within its easement (“Encroachment on Easement” agreement; attached as Exhibit “A”); and
WHEREAS, the City will own the public facilities and right-of-way; and
WHEREAS, the City Council finds that entering into the Encroachment on Easement
agreement with Oncor serves a public interest; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDArNS:
SECTION 1. The recitals contained in the preamble of this ordinance are incorporated
into the body of this Ordinance are true and correct.
SECTION 2. The City Manager, or his designee, is authorized to execute the
Encroachment on Easement agreement between the City of Denton and Oncor Electric
Company, LLC, in substantially the form of the same which is attached to as Exhibit “A“ and
made a part of this Ordinance for all purposes, for the purpose of constructing, operating, and
maintaining public facilities within Oncor’s easement.
SECTION 3. The City Manager is authorized to carry out all obligations as set forth in
the attached Encroachment on Easement agreement, including but limited to the expenditure of
funds.
SECTION 4. This ordinance shall become effective immediatejy troon its Dassage and
approval.
The rm tion to approve this Ordinance was made by HmWC and
seconded by < kO I N\ t \ ttC ( ; the Ordinance was passed and approved by the
foilowing vote [? - O ]:
hle Nda ’ Abstain Absent
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Gerard Hudspeth, Mayor:
Birdia Johnson, District 1 :
Connie Baker, District 2:
Jesse Davis, District 3: /
John Ryan, District 4: /
Deb Armintor, At Large Place 5: J
Paul Meltzer, At Large Place 6: J_
PASSED AND APPROVED this thenId'y of---'bxwq_2021 .
G TamEaA–Y–a
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ATTEST:
ROSA RIOS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATtORNEY
By WIreb