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
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ENCROACHMENTS
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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
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HICKORY CREEK
EASEMENT
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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.