HomeMy WebLinkAboutResolution No. 2014-061 CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2014 - O I
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER
TO EXECUTE AN ENCROACHMENT ON EASEMENT
AGREEMENT BY AND BETWEEN THE CITY OF THE
COLONY AND ONCOR ELECTRIC DELIVERY COMPANY
LLC FOR CONSTRUCTION OF OVERFLOW PARKING AT
PERRYMAN PARK ALONG BLAIR OAKS DRIVE; AND
PROVIDING AN EFFECTIVE DATE
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS:
Section 1. That the City Council of the City of The Colony, Texas, hereby approves
an Encroachment on Easement Agreement by and between the City of The Colony and
Oncor Electric Delivery Company LLC, to allow construction of overflow parking at
Perryman Park along Blair Oaks within the boundaries of the easement, and within the
terms and conditions as stated therein.
Section 2. That a true and correct copy of the Encroachment on Easement
Agreement is attached hereto and incorporated herein as "Exhibit A", to include
construction limitations on Oncor Electric Delivery Company Right of Way.
Section 3. That the city manager is authorized to execute said Agreement.
Section 4. That this resolution shall take effect immediately from and after its
passage.
PASSED AND APPROVED by the City Council .f the City of The Polo y,
Texas, this 16th day of September, 2014.
J
Joe wCourry, Mayor ,tet C
City of The Colony, Texas
TES i: , , it Di P
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4 (/(-111.A..±_. �^ FNor
istie Wilson, TRMC, City Secretary
- 'PROVED AS TO FORM: _ _ �r
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Jeff Moore, ty Attorney ?IX AS
Valley--NW Carrollton 345 KV
Austin Ranch-Colony 138 KV
E-109349(13/333)
2014-0500JB
ENCROACHMENT ON EASEMENT
WHEREAS, Oncor Electric Delivery Company LLC ("Oncor"), is the owner of easements in
Denton County, Texas, recorded in Volume 13, Page 333,of the Deed Records of Denton County,
Texas ("Easement"); and
WHEREAS, City of the Colony, Texas ("Owner"), desires permission to construct, operate and
maintain a Parking Area as seen in Exhibit "A" ("Encroaching Facility") within the area or
boundaries of the Easement("Easement Area").
NOW, THEREFORE, in consideration of the mutual covenants contained herein, and other good
and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,Oncor and
Owner do hereby agree as follows:
1. Location of Encroaching Facility. Owner may locate the Encroaching Facility in the
Easement Area, but only as described and shown on the attached drawing marked Exhibit"A"and
incorporated herein. Owner may not relocate the Encroaching Facility within the Easement Area
without the consent and approval of Oncor, which consent and approval shall be at Oncor's sole
discretion. Owner acknowledges and agrees that Oncor holds easement rights on the Easement
Area; therefore, Owner shall obtain whatever rights and permission, other than Oncor's, that are
necessary.
2. Restrictions on Use of Easement Area. Owner shall use only so much of the Easement
Area as may be necessary to construct, maintain and repair the Encroaching Facility. Owner shall,
at its own cost and expense, comply with all applicable laws, including but not limited to existing
zoning ordinances, governmental rules and regulations enacted or promulgated by any
governmental authority and shall promptly execute and fulfill all orders and requirements imposed by
such governmental authorities for the correction, prevention and abatement of nuisances in or upon
or connected with said Encroaching Facility. At the conclusion of any construction, Owner shall
remove all debris and other materials from the Easement Area and restore the Easement Area to
the same condition it was in prior to the commencement of Owner's construction thereon or in
proximity thereto.
Owner shall not place trash dumpsters, toxic substances or flammable material in the Easement
Area. Further, if the Easement Area has transmission or distribution facilities located thereon,Owner
shall not place upon the Easement Area any improvements, including but not limited to, buildings,
light standards, fences (excluding barriers installed around transmission towers, if applicable),
shrubs, trees or signs unless approved in advance in writing by Oncor. Additional general
construction limitations on encroachments are described and listed in Exhibit"B",attached hereto
and by reference made a part hereof.
ENCROACHMENT ON EASEMENT Page 1
3. Maintenance of Encroaching Facility. Owner, at Owner's sole expense, shall maintain
and operate the Encroaching Facility. Oncor will not be responsible for any costs of construction,
reconstruction, operation, maintenance or removal of Owner's Encroaching Facility.
4. Risk and Liability. Owner assumes all risks and liability resulting or arising from or relating
to Owner's use, the existing condition or location, or existing state of maintenance, repair or
operation of the Easement Area. It is further agreed that Oncor shall not be liable for any damage to
the Encroaching Facility as a result of Oncor's use or enjoyment of its Easement. Any Oncor
property damaged or destroyed by Owner or its agents, employees, invitees, contractors or
subcontractors shall be repaired or replaced by Oncor at Owner's expense and payment is due upon
Owner's receipt of an invoice from Oncor.
5. Indemnification. To the extent allowed by law,Owner agrees to defend, indemnify and hold
harmless Oncor, its officers,agents and employees from and against any and all claims,demands,
causes of action, loss, damage, liabilities, costs and expenses(including attorney's fees and court
costs)of any and every kind or character,known or unknown,fixed or contingent,for personal injury
(including death), property damage or other harm for which recovery of damages is sought or
suffered by any person or persons, including claims based on strict liability, arising out of or in
connection with Owner's actions or omissions or the actions or omissions of its officers, agents,
associates, employees, contractors or subcontractors or the actions or omissions of any other
person entering onto the Easement Area or the Encroaching Facility, when such actions or
omissions relate to Owner's use of the Easement Area.
6. High Voltage Restrictions. Use of draglines or other boom-type equipment in connection
with any work to be performed on the Easement Area by Owner, its employees, agents, invitees,
contractors or subcontractors must comply with Chapter 752, 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
(15)feet of the Oncor power lines situated on the aforesaid property. Owner must notify the Region
Transmission Office at (214) 486-4426 48 hours prior to the beginning of any work on the
Easement Area.
7. Removal by Oncor. If at any time in the future, the Encroaching Facility, in the sole
judgment of Oncor, interferes with Oncor's use or enjoyment of its easement rights, Oncor shall
have the right to remove said Encroaching Facility. Oncor shall notify Owner in writing that within 90
days the Encroaching Facility must be removed at Owner's sole cost. If at the end of the 90 day
period the Encroaching Facility has not been removed, Oncor may remove it, at Owner's expense.
Oncor will not be responsible nor will compensation be paid for damages incurred by such removal,
including, but not limited to, damages for loss of use of the Encroaching Facility or business
interruption. However, in an emergency, Oncor shall have the right to immediately remove the
Encroaching Facility. If the Encroaching Facility is removed, Oncor will not unreasonably withhold
consent for Owner to relocate the Encroaching Facility within the Easement Area.
8. Default and Termination. It is understood and agreed that, in case of default by Owner or
its agents in any of the terms and conditions herein stated and such default continues fora period of
ten(10)days after Oncor notifies Owner of such default in writing,Oncor may at its election forthwith
terminate this agreement and upon such termination all of Owner's rights hereunder shall cease and
come to an end. This agreement shall also terminate upon the abandonment of the Encroaching
Facility.
ENCROACHMENT ON EASEMENT Page 2
This agreement shall extend to and be binding upon Owner and its successors and assigns,and is
not to be interpreted as a waiver of any rights held by Oncor under its Easement.
1 t
Executed this /j day of 4, it/I/i. 201Z.14
Oncor Electric Delivery Company LLC
/12By:
Dennis L, Patton
Attorney-In-Fact
City of the Colony,Texas
By: Vii/
Na
Title: �, -t 1/ v/t e
ENCROACHMENT ON EASEMENT Paye 3
STATE OF TEXAS §
COUNTY OF /t §
FORE r , the undersigned authority, •n this day personally appeared
f i / ,as the of the City
of the Colony/ exas, known to me to be the person whose lame is sub ribed to the foregoing
he/she executew the same for the purposes and
Instrument and acknowledged to me that e/s a p p
consideration therein expressed, in the capacity therein stated and he/she is authorized to do so.
JGIVEN U DER MY HAND AND SEAL OF OFFICE this J day of
a12- D/YI/J.tht A. D. 201!1.
Notary Public in an/ for the State of Texas
/�UtP Vy(
�`` AMY PIUKANA
§ �1
STATE OF TEXAS My Commissionf Expires
y,-y 201
January 8, 7
� 1,h`tltFYP
COUNTY OF TARRANT §
BEFORE ME,the undersigned authority,on this day personally appeared Dennis L. Patton,
as the Attorney-In-Fact of Oncor Electric Delivery Company LLC, known to me to be the person
whose name is subscribed to the foregoing instrument and acknowledged to me that he executed
the same for the purposes and consideration therein expressed, in the capacity therein stated and
he is authorized to do so.
itj2t
31 V U ; yY HAND
D.AN20SEAL OF OFFICE this day of
� J� A. 1D2.
JENNIFER MEEKER 'T
1/ 4ANotaryPubCSteOeXaS � �1 1_
My Commission Expires o P y IIc • lir the State of exas
`;;;rot'W December 05, 2014 `
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ENCROACHMENT ON EASEMENT Page 4
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CONSTRUCTION LIMITATIONS ON
Oncor ELECTRIC DELIVERY COMPANY RIGHT OF WAY
EXHIBIT "B"
1, You are notified, and should advise your employees, representatives,agents, and contractors,
who enter the property that they will be working in the vicinity of high voltage electrical facilities
and should take proper precautions, included but not limited to the following stipulations and in
compliance, at all times, with Chapter 752, V.T.C.A., Health &Safety Code.
2. Blasting is not to be permitted on Oncor right-of-way or under Oncor lines.
3. Construction on electric transmission line easements acquired by Oncor after January 1,2003
shall comply with the requirements of Public Utility Commission Substantive Rules§25.101,as
amended from time to time.
4. Grading will be done in order to leave the right-of-way as near as possible to present condition.
Spoil dirt will be removed from the right-of-way and no trash is to be left on right-of-way. Slopes
shall be graded so that trucks can go down the right-of-way when required and such that the
slopes can be mechanically maintained.
5. Equipment and materials will not be stored on the right-of-way during construction without
written approval of the Supervisor of Regional Transmission.
6. Street or road crossings are to be based on drawings submitted. Any change in alignment or
elevation will be resubmitted for approval.
7. No signs, lights or guard lights will be permitted on the right-of-way.
8. Equipment shall not be placed within fifteen (15)feet of the power lines.
9. Any pre-approved fencing will not exceed eight(8)feet in height, and if metal in nature, will be
grounded,at ten(10)feet intervals,with an appropriate driven ground. Gates should be at least
sixteen (16)feet in width to allow Oncor access to the right-of-way.
10. No dumpsters will be allowed on Oncor right-of-way or fee owned property.
ENCROACHMENT ON EASEMENT Page 5
11. Draglines will not be used under the line or on Oncor right-of-way.
12. The existing grade shall not be disturbed, excavated or filled within 25 feet of the nearest edge
of any tower.
13. Right-of-way will be protected from washing and erosion by Oncor approved method before any
permits are granted. No discharging of water will be allowed within any portion of the right of
way.
14. No obstruction shall be installed on the right-of-way that would interfere with access to Oncor
structures or prevent mechanical maintenance.
15. Before any work is done under Oncor lines or by Oncor structures notify the Region
Transmission Department, (214)486-4426.
16. No hazardous materials will be stored on the right of way.
17. For purposes of this document, "Hazardous Materials"means and includes those substances,
including, without limitation, asbestos-containing material containing more than one percent
(1%) asbestos by weight, or the group of organic compounds known as .polychlorinated
biphenyls, flammable explosives, radioactive materials, chemicals known to cause cancer or
reproductive toxicity and includes any items included in the definition of hazardous or toxic
waste, materials or substances under any Hazardous Material Law. "Hazardous Material Laws"
collectively means and includes any present and future local,state and federal law relating to the
environment and environmental conditions including, without limitation, the Resource
Conservation and Recovery Act of 1976("RCRA"),42 U.S.C.§6901 et seq.,the Comprehensive
Environmental Response, Compensation and Liability Act of 1980, ("CERCLA"), 42 U.S.C.
§§9601-9657, as amended by the Superfund Amendments and Reauthorization Act of 1986
("SARA"), the Hazardous Material Transportation Act, 49 U.S.C. §6901 et seq., the Federal
Water Pollution Control Act,33 U.S.C. §1251,et seq.,the Clean Air Act,42 U.S.C.§741 et seq.,
the Clean Water Act, 33 U.S.C. §7401 et seq., the Toxic Substances Control Act, 15 U.S.C.
§§2601-2629, the Safe Drinking Water Act, 42 U.S.C. §§300f-330j, and all the regulations,
orders, and decrees now or hereafter promulgated thereunder.
ENCROACHMENT ON EASEMENT Page 6
18. Brush and cut timber will not be piled or stacked on Oncor right-of-way or will not be burned
upon or in close proximity to the conductors or towers.
19. No structures or obstructions,such as buildings,garages, barns, sheds,guard houses,etc.,will
be permitted on the right-of-way.
20. Landscaping on Oncor right-of-way is permitted when Oncor approves landscaping plans in
writing. No lighting or sprinkler systems are allowed on the right-of-way.
ENCROACHMENT ON EASEMENT Page 7