HomeMy WebLinkAboutContract 57898 C IT.Y SECRETARY
Ca-ATRACT NO. 9 739 T
PT #:2022-2358
District:ABC
E #: 268892
ENCROACHMENT ON EASEMENT
WHEREAS, Oncor Electric Delivery Company LLC ("Oncor"), is the owner of an
easement in Tarrant County, Texas, granted by DUKE CONSTRUCTION LIMTIED
PARTNERSHIP, an Indiana limited partnership , on September 28, 2009 and recorded
in Instrument Number D210041778 of the Deed Records of Tarrant County, Texas
("Easement"); and
WHEREAS, the CITY OF FORT WORTH ("User"), desires permission to construct a
waterline and temporary construction zone ("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 may not locate sewer facilities including pipe
closer than 5 feet to an Oncor distribution pole. 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. GG�4 ,� €�a
ENCROACHMENT ON EASEMENT �IF�I�gb�i� RECORD
ENCROACHMENT
C@TY SECRETARY
FT WORTH,,H,,TX
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. User,to the extent permitted by law, 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, except that the indemnity
provided for in this paragraph shall not apply to any liability resulting from the sole negligence of
Oncor, its officers, agents, or employees or separate contractors, and in the event of joint and
concurrent negligence of both Oncor and User, responsibility and indemnity, if any, shall be
apportioned comparatively. Nothing contained herein shall ever be construed so as to require User
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 debt 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 Supervision at 1-888-313-6862,48
hours prior to the beginning of any work on the Easement Area.
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
ENCROACHMENT ON EASEMENT Page 2
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 Jurlej , 2022.
Oncor Electric Delivery Company LLC,
a Del
a r limi =:y
By:
Anthony G rdon, Attorney in Fact
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day personally appeared Anthony
Gordon, 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.
QQ7�1
GIVEN UNDER. MY HAND AND SEAL OF OFFICE this �,C> day of
'Ttl n g,, , A.D. 2022.
Notary Public in and for the tote of Texas
. MARSHA E. to 01 exas
J�Cp'PY PVO i�
o. Notary Public,State of T
m.Expires
01-23-2025
CoNotary D 129273267
nma
OFFICIAL RECORD
CITY SEECREW'TAVa,
ENCROACHMENT ON EASEMENT FT WORTH ��
Executed this o� � day of Juk , 2022.
SORT
Of •�" CITY OF FC)RT WC)RTH
Attested by ` v By:
Title: Assistant C y Man ger
CudettCity Secretary APPROVED AST RM AND LEGALITY
By:
Assistant City Attorney
STATE OF TEXAS §
COUNTY OF DALLAS §
BEFOfR[E ME, the undersigned authority, on this day personally appeared
fa[\,,Au- , as the Assistant City Manager of CITY OF FORT
WORTH, know"A 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.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this oL� day of
A. D. 2022.
A.
.►RY pL6 MARIA S SANCHEZ NotaU Public in and for the State of Te
+ Notary ID#2256490
My Commission Expires
December 19, 2025
OFFICIAL.RECORD
ENCROACHMENT ON EA8EMENT CITY
SECAR TARY
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