Resolution 2016-321
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RESOLUTION NO. 2016-32(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS, HEREBY AUTHORIZING THE CITY MANAGER OF THE
CITY OF WYLIE, TEXAS, TO EXECUTE AN ENCROACHMENT ON
EASEMENT AGREEMENT WITH ONCOR ELECTRIC DELIVERY
COMPANY LLC TO CONSTRUCT, OPERATE AND MAINTAIN A HIKE
AND BIKE TRAIL IN THE ONCOR EASEMENT WHICH IS RECORDED
IN VOLUME 620, PAGE 284 OF THE DEED RECORDS OF COLLIN
COUNTY, TEXAS FOR THE WYLIE MUNICIPAL COMPLEX EAST
MEADOW TRAIL PROJECT.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS:
SECTION 1: The City Manager of the City of WYLIE, Texas, is hereby authorized to
execute, on behalf of the City Council of the City of WYLIE, Texas, an Encroachment on
Easement Agreement with Oncor Electric Delivery Company LLC.
SECTION 2: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS THE 13th day of December, 2016
ATTEST TO:
CAROLE E I' - ' , City Secretary
Resolution No. 2016-32(R)
Encroachment on Easement Agreement
With Oncor Electric Delivery Co., LLC
EXHIBIT "A"
Encroachment on Easement Agreement
Resolution No. 2016-32(R)
Encroachment on Easement Agreement
With Oncor Electric Delivery Co., LLC
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Oncor Electric Delivery
115 W. 71h Street
Suite 505
Fort Worth, Texas 76102
(o) 817-215-6441
jon.bowers@oncor,com
December 1, 2016
City of Wylie
300 Country Club Road
Wylie, TX 75098
JYR
Jon T. Bowers SRIWA
Sr. Right of Way Agent
Re: Request # 2016-0034JB
Proposed 12' wide Hike and Bike Trail in Wylie, Collin County, Texas.
To whom it may concern:
Included, please find the Encroachment on Easement Document for the proposed Hike
and Bike Trail inside an Oncor Easement in Collin County, Texas.
Please print the attachment twice and have both documents signed, notarized and
return both to my attention for final signature and recording by Oncor.
Once the documents have been fully signed, l will then forward one (1) signed copy to
you for your file. You may call me at 817-215-6441 should you have any questions.
Sincerely,
Jon T. Bowers SRNVA
Oncor Sr. Right of Way Agent
Transmission Engineering
1
Royse — Ben Davis 138KV
E-131957 (620/284)
2016-0034JB
ENCROACHMENT ON EASEMENT
WHEREAS, Oncor Electric Delivery Company LLC ("Oncor"), is the owner of an easement in
Collin County, Texas, which is recorded in Volume 620, Page 284, of the Deed Records of Collin
County, Texas ("Easement"); and
WHEREAS, the City of Wylie ("Owner"), desires permission to construct, operate and maintain a
twelve (12) foot wide Hike and Bike Trail ("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 majybe'necessaryto 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, govemmental rules and regulations enacted or promulgated by any
governmental authority and shall promptly execute and fulfill all orders and requirements imposed by
such govemmental 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.
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.
ENCROACHMENT ON EASEMENT po9e
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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, Toss, damage, liabilities, costs and expenses (including attomey'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 Voltaae 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 (972) 564-7050 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 Owneror
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 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.
Executed this day of , 2016.
Oncor Electric Delivery Company LLC
By:
Jill L. Alvarez
Attomey-In-Fact
City of Wylie
By:
Name:
Title:
ENCROACHMENT ON EASEMENT
Pape 3
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STATE OF TEXAS
COUNTY OF
§
§
§
BEFORE ME, the undersigned authority, on this day personally appeared
, as the of the City
of Wylie, 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.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
, A. D. 2016.
STATE OF TEXAS
COUNTY OF TARRANT
Notary Public in and for the State of Texas
§
§
§
BEFORE ME, the undersigned authority, on this day personally appeared Jill L Alvarez, as
the Attomey-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 she executed
the same for the purposes and consideration therein expressed, in the capacity therein stated and
she is authorized to do so.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
, A. D. 2016.
Notary Public in and for the State of Texas
ENCROACHMENT 014 EASEMENT Paga 4
MUNIOPAL COMPLEX EAST
IViElADOW TRAIL DEVELOPMENT
WYLIE, IDA5
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Vo—liiMe,E120 Page 284
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TP8th ,esement
Volume 620 Page 284
Exhibit A (3 of 3)
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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 Paye 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-waywill 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, (972) 564-7050.
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 seg., 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 seg., the Federal
Water Pollution Control Act, 33 U.S.C. §1251, et gq., the Clean Air Act, 42 U.S.C. §741 etseg:,
the Clean Water Act, 33 U.S.C. §7401 et seg., 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
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18. Brush and cut timber will not be piled or stacked on Oncor right-of-way or will not be bumed
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 Pag. 7