HomeMy WebLinkAboutContract 56220 D221225190 08/04/2021 03:51 PM Page: 1 of 7 Fee: $43.00 Submitter: ONCOR Electric Delivery Company LLC
Electronically Recorded by Tarrant County Clerk in Official Public Records to� ,�
MARY LOUISE NICHOLSON CSC No. 56220
COUNTY CLERK
PT #: 2021 - 1085
District: ABC / COFTW
Project Champion
Handley — Sherry 138KV
Handley—Everman 138KV
Instrument # D201314030
L 3�5
ENCROACHMENT ON EASEMENT
WHEREAS, Oncor Electric Delivery Company LLC ("Oncor"), is the owner of an
easement in Dallas County, Texas, recorded in Instrument Number D201314030 (aka
Volume 15342, Page 160) of the Deed Records of Tarrant County, Texas ("Easement");
and
WHEREAS, City of Fort Worth ("User"), desires permission to construct and utilize a "42
inch fiberglass force main" ("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 User do hereby agree as follows:
1. Location of Encroaching Facility. User 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. User 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. User acknowledges and agrees that Oncor holds
easement rights on the Easement Area; therefore, User shall obtain whatever rights and
permission, other than Oncor's, that are necessary.
2. Restrictions on Use of Easement Area. User shall use only so much of the
Easement Area as may be necessary to construct, maintain and repair the Encroaching
Facility. User 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, User 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 User's construction thereon or in proximity thereto.
User shall not place trash dumpsters, toxic substances or flammable material in the
Easement Area. Further, if the Easement Area has distribution facilities located thereon,
User shall not place upon the Easement Area any improvements, including but not limited
to, buildings, light standards, fences, shrubs, trees or signs unless approved in advance in
writing by Oncor. OFFICIAL RECORD
CITY SECRETARY
ENCROACHMENT ON EASEMENT
FT. WORTH, TX
D221225190 Page 2 of 7
3. Maintenance of Encroaching Facility. User, at User'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 User's Encroaching
Facility.
4. Risk and Liability. User assumes all risks and liability resulting or arising from or
relating to User'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 User or its agents, employees,
invitees, contractors or subcontractors shall be repaired or replaced by Oncor at User's
expense and payment is due upon User's receipt of an invoice from Oncor.
5. Indemnification. To the extent permitted by Texas law and without waiving its
sovereign immunity. User 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 User'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, including the negligent actions or omissions of Oncor, when
such actions or omissions relate to User's use of the Easement Area. Nothing contained
herein shall ever be construed so as to require Owner to assess, levy and collect any tax to
fund its obligations under this paragraph. Article XI Section 5 of the Texas Constitution
provides that a city is prohibited from creating a det unless the city levies and collects a
sufficient tax to pay the interest on the debt and provides a sinking fund. The City of Fort
Worth has not and will not create a sinking fund or collect any tax to pay any obligation
created under this section
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 User, its employees,
agents, invitees, contractors or subcontractors must comply with Chapter 752, Texas
Health and Safety Code, the National Electrical Safety Code and any other applicable
safety or clearance requirements. Notwithstanding anything to the contrary herein, in no
event shall any equipment be within ten (10)feet of the Oncor power lines situated on the
aforesaid property. State law requires contacting Dig Tess by calling 811 for underground
equipment to be located at least two (2) working days before you dig. Dig Tess does not
mark a precise location but is usually within four(4) feet of the actual location. User must
notify the Oncor Distribution Operations Manager at 1-888-313-6862, 48 hours prior to
the beginning of any work on the Easement Area.
ENCROACHMENT ON EASEMENT Page 2
D221225190 Page 3 of 7
7. Removal of Encroaching Facility. 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 require User to, within sixty (60) days of
Oncor's giving of written notice thereof, either, at Oncor's option, (a) remove the
Encroaching Facility from the Easement(at Owner's sole expense) or(b) reimburse Oncor
for all reasonable costs of removal and relocation of its electrical facilities located on the
Easement. 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 User to relocate the Encroaching Facility within the
Easement Area.
8. Default and Termination. It is understood and agreed that, in case of default by
User or its agents in any of the terms and conditions herein stated and such default
continues for a period of ten (10)days after Oncor notifies User of such default in writing,
Oncor 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.
This agreement shall extend to and be binding upon User and its successors and assigns,
and is not to be interpreted as a waiver of any rights held by Oncor under its Easement.
Executed this day of I"ri e.., y1 T , 2021.
Oncor Electric Delivery Company LLC,
a Delaware limited liability company
By: -
*Matth�Lwty5
nn MAyric
Attorney-in-Fact
OFFICIAL RECORD
CITY SECRETARY
ENCROACHMENT ON DA36MENT FT. WORTH, TX
D221225190 Page 4 of 7
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day personally Matthew Lynn
Myrick, Attorney in Fact for Oncor Electric Delivery Company LLC,a Delaware limited
liability company, known to me to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that he executed the same as the act and
deed of the said Oncor Electric Delivery Company LLC, a Delaware limited liability
company, for the purposes and consideration therein expressed, in the capacity therein
stated and that he is authorized to do so.
IVEN U ER MY HAND AND SEAL OF OFFICE this day of
A.D. 2021.
�o``PrP''�. MARSHA E. HORAK
1P....;p��
;r°' �
i
s Notary Public,State of Texas
Comm. Expires 01-23-2025
Notary ID 129273267 Notary Public in and for the State of Texas
Executed this 21 ST day of 12021.
User:
CITY OF FORT WORTH
By:
Dana Bur doff
AssistantgityNl4ger
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day personally appeared Dana
Burghdoff, as the Assistant City Manager of City of Fort Worth, known to me to be the
person whose name is subscribed to the foregoing instrument and acknowledged to me
that he/she executed the same for the purposes and consideration therein expressed, in
the capacity therein stated and he/she is authorized to do so.
GIVFN UNDER MY HAND AND SEAL OF OFFICE this day of
A. D. 2021.
,.��aY•P MARIA S.SANCHEZ
My Notary ID#2256490
Expires December 19,2021 Not try Public in and for the State of xas
ENCROACHMENT ON EASEMENT OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
D221225190 Page 5 of 7
,ZEST Z.
�OR7`dr.�
X "7
onald P. Gonzales, Ci S cretary w * /
City Secretary's Office.,
APPROVED AS TO FORM AND LEGALITY:
Matt Murray
Assistant City Attorney
Attorney for City of Fort Worth
Contract Compliance Specialist:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this contract, including ensuring all performance
and reporting requirements.
Pr m+ao u$VP. .
Senior Project Engineer
City of Fort Worth eater Department
OFFICIAL RECORD
CITY SECRETARY
ENCROACHMENT ON EASEMENT
FT. WORTH, TX
D221225190 Page 6 of 7
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