HomeMy WebLinkAboutContract 46212 CITY SECRETARY
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Roanoke-Euless 138kv
CONTRACT�, Z Request 2013-320ORR
E-113159
ENCROACHMENT ON EASEMENT
WHEREAS, Oncor Electric Delivery Company LLC, ("Oncor"),formerly known as TXU Electric
Delivery Company and successor in interest to Oncor Electric Delivery Company, is the User of an
easement in Tarrant County, Texas, which is recorded in Volume 2880, Page 459 of the Deed
Records of Tarrant County, Texas ("Easement"); and
WHEREAS, the City of Fort Worth ("Owner'); desires permission to construct, operate and
maintain a Street Right of Way with Underground Utilities (Encroaching Facility") within the
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 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 not be unreasonably
denied.
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,
with exception to the encroachment(s) permitted herein.
User 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, User shall
not place upon the Easement Area any improvements, including but not limited to, buildings, light
standards,fences(excluding barriers installed around transmission tower(s)),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.
M
M 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,
M reconstruction, operation, maintenance or removal of User's Encroaching Facility.
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OFFICIAL RECORD
ENCROACHMENT ON EASEMENT Page 1
CITY SECRETARY
FT.WORTH,TX
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 allowable 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 that may arise out of, or be occasioned
by, the negligence, misconduct or omission of User, its officers, agents, associates, employees,
contractors, subcontractors, subconsultants, or any other person entering onto the Easement
Area or may arise out of or be occasioned by the use of 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 Voltaae 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 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. User must notify the Fort
Worth Region Transmission Department(817) 876-8013 forty eight hours prior to beginning of
any work on the Easement Area.
7. 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.
ENCROACHMENT ON EASEMENT Page 2
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.
APPROVAL:
Oncor Electric Delivery Company LLC,
By:
Dennis Patton
Attomey-In-Fact
ACCEPTANCE:
City of Fort Worth
By:
Fernando Costa
Assistant City Manager
Date:
APPROVAL RECOMMENDED:
Q R r By: ('J. Li
Douglas W. Wiersig, P .
o-4 Director, Transportation and Public Works
V S
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APPROVED S TO FORM and LEGALITY
ATTE
BY: By: —
nl1q Se►- Jess4 SangS ang
(A{� SAC Yso�A F 11 Assistant City Attorney
OFFICIAL RECORD
ENCROACHMENT ON EASEMENT CITY SECRETARY Page 3
FT.WORTH,TX
STATE OF TEXAS §
COUNTY OF-T'n r ry-n §
BEFORE ME, the undersigned authority, on this day personally appeared
�erac ndo Cis=bQ— , as the s . f4 Aol&n 4%r of the 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 as the act and deed of the City of Fort Worth,
and for the purposes and consideration therein expressed and in the capacity therein stated, and
that he/she was authorized to do so.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
A.D.2014.
EVONIA DANIELS
Notary Public,State of Texas N ary Public in and for the State of Texas
My Commission Expires
July 10, 2017
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME,the undersigned authority, on this day personally appeared Dennis L. Patton,
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 as the act and deed of Oncor Electric Delivery Company LLC. and for the purposes and
consideration therein expressed and in the capacity therein stated, and that he was authorized to do
so.
IVEN N ER MY HAND AND SEAL OF OFFICE this day of
A.D.2014.
C)
JENNIFER MEEKER
Notary Public, State of Texas
My Commission Expires ry bll in an fort a St of Texas
December 05, 2014
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.
ENCROACHMENT ON EASEMENT Page 5
10. No dumpsters will be allowed on Oncor right-of-way or fee owned property.
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, (817) 876-8013.
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 seg., 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