2001-057FILE REFERENCE FORM [ 2001-057 ]
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F \SHARED\DEPT~L(3L\Our Documents\Ordmances\01\TXU Encroachment Agreement Graveyard Branch Sewer doe
ORdiNANCE NO 00/- 0, 7
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 I. The City Manager, or his designee, is hereby authonzed to execute an
Encroachment on Easement Agreement between the City of Denton and TXU Electric Company
in substantially the form of the Agreement which as 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 Prolect 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 APPROVED this the day of ,2001
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
HERBERT L PROUTY, CITY ATTORNEY
ENCROACHMENT ON EASEMENT
The City of Denton (hereinafter referred to as User) has requested permission to construct,
operate and matntaln thirty-slx Inch samtary sewer hne w~thm the area of boundaries of TXU
Electric Company's (TXU Electric), successor to the Texas Power &Ltght Company, easement
recorded In Volume 559, Page 540, Deed Records of Denton County, Texas
TXU Electric is agreeable to the sanitary sewer hne, hereinafter referred to as the "encroaching
fac,hty", tf the encroach,ng facd~ty Is located and described as shown on the attached drawtng,
marked Exhibit "A" and incorporated herein, and subject to the following terms and condttmns
It is understood and agreed that TXU Electric holds easement r, ghts on the property
revolved, therefore, User vldl be reqmred to obtain whatever rights and permission, other
than TXU Electnc's that are necessary Th~s agreement shall extend to and be btnd~ng
upon User and ~ts he,rs, successors, and ass,gns, and ~s not to be Interpreted as a waiver
of any rtghts held by TXU Electr,c under its easement
2 User shall defend, ,ndemmfy and hold harmless TXU Electric, ~ts employees and agents
from and aga,nst any clmms, expenses, (mclud~ng attorney fees), damages, losses and
judgments whether for boddy injury or damage to property whether or not arising from
the sole or concurrent negl,gence or fault of TXU Electric or ~ts employeas, arts~ng out of
or tnc~dent to the presence, construction, operation and mmntenance of the encroaching
facd~ty
3 Use of draghnes or other boom-type eqmpment m connection w~th any work to be
performed on the TXU Electric easement by User, ~ts employees, agents, representatives
or contractors must comply w~th Texas Statute (3 Tex Clv ST 1436c), the Nattonal
Electric Safety Code and any other apphcable safety or clearance reqmrements Not
w~thstandtng anything to the contrary hereto, ~n no event shall any eqmpment be w~th~n
fifteen feet of the TXU Electric power hnes sttuated on the aforesmd property User must
notify the Fort Worth Region Transmission at (817) 496-2736, 48 hours prior to the
use of any boom-type eqmpment on the TXU Electric easement
4 The encroacbtng facd~ty does not currently Interfere with TXU Electrlc's usage, but lfm
the future the encroaching faclhty, m the sole judgment of TXU Electric, does Interfere
w~th the use or enjoyment of its easement rights, TXU Electrtc shall have the right to
remove said encroaching facd~ty TXU Electric shall notify User ~n writing that wtth~n
90 days, the encroaching facility must be removed at User's sole cost If at the end of the
90 day period the encroaching fac,hty has not been removed, TXU Electric shall remove
it at User's expense TXU Electric wall not be responsible nor w~ll compensatton be pard
for damages incurred by such removal Ho~vever, ~n an emergency, TXU Electric shall
have the right to Immediately remove the encroaching facility If the encmachzng facd,ty
Encroachment On Easement Page I
Is removed, TXU Electric wtll not unreasonably wathhold consent for User to relocate the
encroaching facility withtn the easement
5 It Is expressly understood and agreed that af the property has transmlssaon or distribution
facilities located thereon, User shall not place upon the premises, any amprovements
including but not hm~ted to, braidings, light standards, fences, shrubs, trees or signs
unless approved ~n wrmng 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 wall not be responsible for any costs of construction, operation and
mmntenance of User's encroaching facthty It is further agreed that TXU Electric shall
not be liable for any damage to the encroaching facility here~n agreed to as a result of
TXU Electnc's use pursuant to its easement Any TXU Electric property damaged or
destroyed by User or ars agents shall be repaired or replaced by TXU Electric at User's
expense and payment ~s due upon User's receipt of an invoice from TXU Electric
8 General construction hmatations on encroachments are described and hsted in Exhab~t
"B', attached hereto and by reference made a part hereof
9 It as understood and agreed that, an case of default by User or ars agents in any terms and
conditions hereto stated and such default continues for a peraod of ten (10) days after
TXU Electric not, ties User of such default, TXU Electric may at its election forthwith
termumte this agreement and upon such termination all of User's rights hereunder shall
cease and come to an end Th~s Agreement shall also terminate upon the abandonment of
the encroaching facility
APPROVED
CITY OF DENTON TEXAS
4 .~-M4G. I.-~-Cd3 R-
, DATE ,2001
ATTEST
JENNIFER WALTERS, CITY SECRETARY
Page 2
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
APPROVED
TXU ELECTRIC
DENNIS TUCKER
Manager of Fort Worth Transmission
D^TE 6,(~'q ,2oo~
S \Otlr Docum~,nts\Contracts\01\FNCROACJlMrN r ON EASFMFNT Gravesard branch doc
Encroachment On Easement Page 3
STATE OF TEXAS §
COUN'I~Y OF TARRANT §
BEFORE ME, the undersigned authority, on this day personally appeared Dennis Tucker, Ford
Worth Transmission Manager of TXU Electric Company, known to be the person whose name ~.
subscribed to the foregmng instrument and acknowledged to me that he executed the same as the act ant
deed of the said T~ Electric Company, and for the pu~oses and conmderatmn thereto express and u
the capamty therm stated
GIVE~ ~ER MY HAND A~ S~ OF OFFICE THIS
Nota~ pu 1~ tn and fo~}e of ?exas
~mm
~chael A. Conduff
BEFORE ME. the unders~gnedJauthonty. A nota~ pubhc ~n and for smd County and State o
thru day personally appeared.~-~2~, C~ty Manager. C~ty of Denton. Texas known to me to b~
the person and officer whose name is subscribed to the foregoing instrument an8 acknowledged to m~
that he executed the same as the act and deed of smd C~ty of Denton and for the pu~oses ant
conmderahon thereto expressed and m the capacity thereto stated
GIVe. DER MY H~ AND S~AL OF OFFICE THIS
~' ' ~OR~" ' ~ Nota~ubhc In ~nd fOr~of Texas
I/,f~l,I No~Publlo, 8~teofTe~ K
Acknowle~tgement
EXHIBIT "B"
CONSTRUCTION LIMITATIIONS
ON
TXU ELECTRIC COMPANY RIGHT-OF-WAY
Blasting shall not be permitted on the right-of-way or under TXU Electric lines
2 Grading ~sfll 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 nght-of-ssay 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 sshen required and such that slopes can be mechanically maintained
3 Grading alignments and elevations are based on drawings submit~ed to TXU Electric
Any change in alignment or elesation sxlll be resubmitted for approval which will not
unreasonably be withheld
4 Equipment shall not exceed 15" feet in height sshen operated under the electric lines
5 Draghnes will not be used under the electric lines or on the nght-of-~sa)
6 No grading shall be done within 25" feet of any to`.ser
7 Right-of-way will be protected from washing and erosion during User's construction
and during periods of repairs
8 No obstrtlction ..sill be installed in the nght-of-`.~a~ that `.sould interfere with access to
the TXU Electric structures or present mechamcal mmntenance of TXU Electric
nght-of-~s a)
9 Eqmpment and materials will not be stored on the nght-of-ssay during construction
without the wr,tten approval of'the Supervisor of Dallas Region Transmiss~on as
noted in the Encroachment on Easement
10 We must hate room to access lines We ..sill not be responsible for damage to
masonr2 or any other type of fence on parking areas sshlle accessing l~nes
11 TXU reserves the rights for future use of iNs right ofwa~ including ingress and
egress, constructing, reconstructing, removing, relocating, maintaining, operating, ere
any required transm~ssion and/or dmtnbuuon fac~lmes at no cost to Tk.U
'
MATCH LINE STA. 12+00
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