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2002-332ORDINANCE NO. (Jf DOA-, ,?A AN ORDINANCE OF THE CITY OF DENTON APPROVING A LICENSE AGREEMENT BETWEEN THE ONCOR ELECTRIC DELIVERY COMPANY ("ONCOR"), AND THE CITY OF DENTON RELATING TO THE ENCROACHMENT OF A CITY SANITARY SEWER LINE ACROSS AN EXISTING ONCOR EASEMENT LOCATED IN THE BERRY MERCHANT SURVEY, ABSTRACT NO. 800 AND BEING LOCATED IN PART OF TWO TRACTS OF LAND DESCRIBED IN DEEDS RECORDED IN VOL. 605, PAGE 621 AND DOCUMENT NO.2002OR0073881 OF THE DEED RECORDS OF DENTON COUNTY THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: Section 1. The City Manager, or his designee, is hereby authorized to execute a License Agreement Related to Encroachment on Easement between the City of Denton and the Oncor Electric Delivery Company ("ONCOR") 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 within a ONCOR 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. rl ~p PASSED AND APPROVED this the /'r day of U~-!" e l- '2002. 4X4, EULINE BROCK, MAYOR ATTEST: JENNIFER y ~WALTERS, CITY SECRETARY BY: FE /U l 'lQ ( APPROVEDAS_T,4 LEGAL RM: HERBERT L.,PRMTY, CYW ATTORNEY BY: ENCROACHMENT ON EASEMENT RE: Norwood Denton- Bowie August 27, 2002 E- 96956 TD-6763 Paul H. Williamson Real Estate & Capitol Support Manager 601 E. Hickory Suite B Denton, Texas 76205 Dear Mr. Williamson: City of Denton (hereinafter referred to as User) has requested permission to construct a 15-inch sanitary sewer line within the area or boundaries of Oncor Electric Delivery Company (Oncor Electric) successor to Texas Power & Light Co., easement recorded in Volume 374, Page 55, Deed Records of Denton County, Texas. Oncor Electric is agreeable to the 15-inch 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: It is understood and agreed that Oncor Electric holds easement rights on the property involved; therefore, User will be required to obtain whatever rights and permission, other than Oncor 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 interpret as a waiver of any rights held by Oncor Electric under its easement. 2. To the extent permitted by law, User shall defend, indemnify and hold harmless Oncor Electric, its employees and agents from and against any and all claims, expenses, (Including attorney fees), damages, losses and judgements whether for bodily injury or damage to property whether or not arising from the sole or concurrent negligence or fault of Oncor Electric or its employees, arising out of or incident to the presence, construction, operation and maintenance of the encroaching facility. Use of draglines or other boom-type equipment in connection with any work to be performed on the Oncor Electric easement by User, its employees, ENCROACHMENT ON EASEMENT Pagel agents, representatives or contractors must comply with Texas Statute (Chapter 752 of the Texas Health and Safety Code), 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 Oncor Electric power line situated on the aforesaid property. User must notify Dennis Tucker (817-496-2736) 48 hours prior to the use of any boom-type equipment on the Oncor Electric easement. 4. The encroaching facility does not currently interfere with Oncor Electric's usage, but if in the future the encroaching facility, in the sole judgement of Oncor Electric, does interfere with the use or enjoyment of its easement rights, Oncor Electric shall have the right to remove said encroaching facility. Oncor 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, Oncor Electric will not be responsible nor will compensation be paid for damages incurred by such removal. However, in an emergency, Oncor Electric shall have the right to immediately remove encroaching facility. If the encroaching facility is removed, Oncor 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 Oncor Electric. 6. It is agreed that no trash dumpsters, toxic substances or flammable material will be allowed on the easement. 7. Oncor Electric will not be responsible for any costs of construction, operation or maintenance of User's encroaching facility. It is further agreed that Oncor Electric shall not be liable for any damage to the encroaching facility herein agreed to as a result of Oncor Electric's use pursuant to its easement. Any Oncor Electric property damaged or destroyed by User or its agents shall be repaired or replaced by Oncor Electric at User's expense and payment is due upon User's receipt of an invoice from Oncor Electric. 8. It is understood and agreed that, in case of default by User or its agents in ENCROACHMENT ON EASEMENT Paget any of the terms and conditions herein stated and such default continues for a period of thirty (30) days after Oncor Electric notifies User of such default in writing, Oncor Electric may at its election 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. If the foregoing terms and conditions are acceptable to User, please have the original and a copy of this letter agreement signed and returned to TXU Business Services at 300 South St. Paul, Suite 301, Dallas, Texas 75201, within 30 days for final approval by Oncor Electric. This Letter agreement shall be effective only after final approval by Oncor Electric. Yours very truly, Douglas Lovern R.O.W. Agent APPROVED: City of Denton Michael A. Condu TITLE: City Manager, City of Denton Date APPROVED AS TO FORM: CITY ATTORNEY cl~ CITY OF DENTON, TEXA BY: rrP.c t~✓V~ ACCEPTED: Oncor Electric Delivery Company By: Dennis Tucker Fort Worth Transmission Manager Date ENCROACHMENT ON EASEMENT Page 3 ACKNOWLEDGEMENTS THE STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged before me this day of 2002 by DENNIS TUCKER, Forth Worth Transmission Manger, of Oncor Electric Delivery Company, a Texas corporation, for and on behalf of said corporation. Notary Public, in and for the State of Texas THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me this day of 2002 by MICHAEL A. CONDUFF, City Manager, of City of Denton, Texas. Notg Public, in and for the State of Texas ~~!Frly~ad JANE E. RICHARDSON ry Notary Public, State of Texas @y, • ' My Commission Expires June 27, 2005 5235 00895 any of the terms and conditions herein stated and such default continues for a period of thirty (30) days after Oncor Electric notifies User of such default in writing, Oncor Electric may at its election 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. If the foregoing terms and conditions are acceptable to User, please have the original and a copy of this letter agreement signed and returned to TXU Business Services at 300 South St. Paul, Suite 301, Dallas, Texas 75201, within 30 days for final approval by Oncor Electric. This Letter agreement shall be effective only after final approval by Oncor Electric. Yours very truly, Douglas Lovem R.O.W. Agent APPROVED: City of Denton Michael A. Condu TITLE: City Manager, City of Denton Date bkb 15 Or0QO~ APPROMASTOFOR'k CIPI ATTORNEY CJTYOF11EN ON TEM f0 ENCRDACHME r OY E&SEMENT ACCEPTED. Oncor Electric Delivery Company Dennis Tucker Fort Worth Transmission Manager Date -10 7i a A- P+re t 5235 00896 ACKNOWLEDGEMENTS THE STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged before me this & day of 2002 by DENNIS TUCKER, Forth Worth Transmission Manger, of Oncor Electric Delivery Company, a Texas corporation, for and on behalf of said corporaton. Melissa Bemal a THE STATE OF TEXAS COUNTY OF DENTON Nola Public, in and for the State of Texas 16h /Th" This instrument was acknowledged before me this day of it' . 2002 by MICHAEL A. CONDUFF, City Manager, of City of Denton, Texas. 1 11 11' lo itf ~~~/a+iorJ ' Notary Public, in and for the State of Taxas .rti\ JANE E. aICHARosoa / * s ~ ~ ~ *nYe ~ JWx ir, Ieas NORTH LEXMMMN PAM( PHASE 7 CEMIIX MGl6 (DDC N6 ObDODAlPI) 0.MCT. / / / aamw NEIEWd Val. M. P4 {)4 AL L~IFR~ ~ / / aoc Na 0.1DOWt121 / / / aAp.CT. / / ~-ONCOR EASEMENT / / / TMPA EASEMENT / / / mira Nays DARMT. l) EASEMENT ENCROACHMENTS HFASWLL V. FOMMM M V¢.mmw DAD t LOCATION MAP SANITARY SEWER EASEMENT BEING a centerline description of a sanitary sewer easement located in the BERRY MERCHANT SURVEY, ABSTRACT NO. 800, Denton County, Texas and being a part of a tract of land described in Deed to Herschel V. Forester, recorded in Volume 605, Page 621, Deed Records, Denton county, Texas and being a part of a tract of land described in Deed to Centex Homes, recorded in Document No. 2002-R0073881, Deed Records, Denton County, Texas and being contained within a 100 foot wide T.P. & L. Easement, recorded in Volume 374, Page 55, Deed Records, Denton County, Texas and being more particularly described as follows: COMMENCING from a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" found at the Southwest comer of said Centex Homes tract in the East line of F.M. 2181 (Teasley Lane), a variable width right-of-way; THENCE North 01 deg. 15 min. 36 sec. West, along said East line and the West line of said Centex Homes tract, a distance of 14.49 feet to a point for corner in the Northwest line of said T.P. & L. Easement; THENCE North 48 deg. 31 min. 20 sec. East, along said Northwest line, a distance of 26.19 feet to a point for comer at the POINT OF BEGINNING; THENCE South 01 deg. 15 min. 36 sec. East, a distance of 130.96 feet to the POINT OF TERMINUS. EXHIBIT volley S:`,.Da1a\2000\100019\100019ESMT-l.i 11 Page I oft LOCATION MAP N 'm ~ « NOWLN i/ i HICKORY CREEK EASEMENT LOCA / NOT TO SCALE m N~ I b g B N48'31'20"E 26.19' N01'15'36"W 14.49' EXHIBIT A 0 m 10 !0 will a rnr D.R.DE.C.T. = DEED RECORDS, DENTON COUNTY, TEXAS DOC. NO. = DOCUMENT NUMBER / C(~VTBXE®MBS / WC NO.2002 80073881 D.R RCT. / / 1 W TP&L EASEMENT / / ONCLUDES INGRESS & EGRESS) VOLUME 374, PAGE 56 / D.R.DE.C.T.----\ / ~ POINT OF / BEGINNING / C®Wl~MENlCINlG NO / 1/2' IRON ROD WITH t / A YELLOW PLASTIC (n / CAP STAMPED "DAA' W / FOUND FOR CORNER C / m / w / o / PROPOSED IRMS'CfI M V FORES7M?, TRUSS CENTERLINE / VOLUME 605, PAGE 621 SANITARY / D.R..RCT. SEINER EASEMENT SANITARY SEWER EASEMENT 2,619 SQUARE FEET OR 0.060 ACRES BERRY MERCHANT SURVEY - ABSTRACT NO. 800 DENTON, DENTON COUNTY, TEXAS o a~-La-'L- S. 3&A~ '8 DOWDEY, ANDERSON & ASSOCIATES, INC. John S. Turner 5225 Village Creek Drive, Suite 200 Plano, TX 75093 (972) 931-0694 Registered Professional Land Surveyor No. 5310 5235 00900- 1, Cvnthia Mitchell, County Clerk Denton County. Texas, do here certify that the a ched instrum (Clerk's FileNo. 1 8 consisting ofg _ pages is a true an , correct copy of the original on and ofrecord in my office. Dated this day of , 20 4ALL Cynthi Mitchell. County Clerk By. Deputy Filed F r ecord CYNTHIA HIYU LL, CM1NTY CLERK an Dec is 2002 At 10:56aa Receipt M: 71143 • Recording: 17.00 Doc/Mgat i 6.06 Dec/N" . 2002-R0162294a O'i"'a• u V~.n.aa, ~Y.d Doc/Type . DepotY -ELIZABETH I.