Resolution 2018-36I
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RESOLUTION NO. 2018-36(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS, HEREBY AUTHORIZING THE CITY MANAGER OF THE
CITY OF WYLIE9 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 574, PAGE 411 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 23rd day of October, 2018
ATTEST TO:
V
STEPHANIE STORM,,City Secretary
Resolution No. 2018-36(R)
Encroachment on Easement Agreement
With Oncor Electric Delivery Co., LLC
al-5
ERIC "HOGU ay
OF TIR-t-NI,
10:0�01U'11 00-L On
!'�ATJ? of
EXHIBIT "A"
Encroachment on Easement Agreement
Resolution No. 2018-36(R)
Encroachment on Easement Agreement
With Oncor Electric Delivery Co., LLC
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ion T. Bowers, SRNVA
Oncor Electric Delivery Sr. Kight of Way Agent
TI 5 W. 7" Street
suite 505
Fort Worth, Texas 76102
B17-215-6441 R
lon.bowers@onmr.com C5
October 4, 2018
City of Wylie, Texas
Attn: Robert Diaz
Re: Request #2018-0996JB
The proposed Hike and Bike Trail License Agreement in Collin County, Texas.
Dear Robert:
Attached, please find -an original Hike and Bike Trail License Agreement for the
proposed Trail on Oncor Property recorded in Collin County, Texas.
Please print two (2) copies and have both documents executed, notarized and return
both to my attention for final signature by Oncor and recording.
Once the documents have been fully executed, I will then forward one (1) fully executed
copy to you for your file. You may call me at 817-215-6441 should you have any
questions.
Sincerely,
'�j 5WV.4
Jon T. Bowers, SRMA
Onc6r Sr. Right -of -Way Agent
Transmission Engineering
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Royse —Ben Davis 138KV
D-2563 (574/411)
2018-0996JB
LICENSE AGREEMENT
HIKE& BIKE TRAIL
Re: Between McCreary Rd and Springwell Pkwy
This License Agreement ("Agreement") is made this — day of _, 2018,
("Effective Date") by and between Oneor Electric Delivery Company LLC, a
Delaware limited liability company, ("Oncoe') and the City of Wylie, ("City").
RECITALS
1. Oncor is the owner of the land described in Exhibit "A" attached hereto and made a
part hereof for all purposes, and referred to hereinafter as the '.'Property", upon which
Property is located Oncor's electric transmission and distribution line(s) and associated
facilities.
2. City has requested that Oncor make available the Property for City to construct,
install, and maintain a hike and bike trail for the general public's recreational use, subject
to the terms of this Agreement, including the Hike and Bike Trail Guidelines attached
hereto as Exhibit "B" and incorporated herein (the "Trail Guidelines"). I
NOW, THEREFORE, for the consideration herein provided, it is agreed as follows:
1. License.. Oncor hereby grants to City and City hereby accepts from Cincor, a license
to use the Property to construct, install, and maintain a public hike and bike trail
consisting of an improved surface and related Oncor-approved 1 andscaping, signage, and
facilities on the Property for use by the general public for recreational purposes only
("License"), but with the conditions that such hike and bike trail shall be constructed,
installed, and maintained in accordance with the Trail Guidelines and in such a manner as
not to damage or destroy Oncor's electric transmission and distribution line(s) and other
facilities, and that the recreational use of the Property shall not interfere with the
continued operation and maintenance of Oncor's electric transmission and distribution
line(s) and other facilities, as well as Oncor authorized third party facilities.
2. Limitations Of Use. This License is strictly limited to the public hike and bike trail to
be constructed, installed, and maintained on the Property and does not extend to the use
of any of Cincor's facilities or Oncor authorized third party facilities located on the
Property. The approved engineering plans and specifications for the concreti trail are
attached hereto as Exhibit "C' ' 1. It is understood that if!actual construction and
installation of the hike and bike trail has not commenced within nine months after the
Effective Date, and diligently pursued to completion thereafter by the City, Cincor shall
have the right to terminate this Agreement. Additional general construction limitations
Hike & Bike Tmil Agmment I
on the Property are described and listed in Exhibit I'D", attached hereto and a part hereof
for all intent and purpose. Prior to the installation of any landscaping on the hike and
bike trail, landscaping plans that comply with the Landscaping Requirements contained
in the Trail Guidelines must be submitted to and approved in writing by Oncor.
Engineering plans and landscaping plans may be submitted to Oncor separately,
provided, however, that all improvements, fixtures, vegetation or other encroachments of
any nature must be approved in writing by Oncor before such improvements, fixtures,
vegetation or other encroachments of any nature may be installed on. the hike and bike
trail.
3. Consideration. In consideration for this License, the sufficiency of which Oncor
hereby acknowledges, City (a) has paid to Oncor One Dollar ($1.00), (b) shall undertake
the maintenance and other obligations herein provided, and (c) agrees that City shall not
object to or contest any future regulatory filings by Oncor to add to, modify, and/or
rebuild its facilities on the basis of the use of the Property as a hike & bike trail or
recreation area.
4. Term. The License as to the Property gTanted by this Agreement is non-exclusive and
perpetual commencing on the Effective Date; provided, however, the License may be
terminated in whole or in part by Oncor with one hundred and eighty (180) calendar days
prior written notice to City of such termination in accordance with the notice provisions
of this Agreement if such termination is necessitated by a change in local, state or federal
law or regulations applicable to same. Furthermore, in the event that Oncor determines it
has an operational need for a portion of the Property to the extent that the hike and bike
trail cannot be relocated on that portion of the Property pursuant to Paragraph 8 below,
the License may be terminated by Oncor, as to the affected portion of the Property only,
by providing the City one hundred and eighty (180) calendar days prior written notice of
such partial termination in accordance with the notice provisions of this Agreement. In
any case of either a change in state or federal law or regulation or an operational need,
Oncor will work in good faith with City to minimize the amount of the hike and bike trail
to be relocated and/or the amount of the Property and City's improvements impacted by
any termination. Furthermore, in the event Oncor elects to sell to a bona fide unaffiliated
third party Property upon which Oncor does not have ' any facilities, Oncor may do so free
from the applicability of this License after having first offered to sell the Property to the
City at fair market value. The City shall have thirty (30) calendar days to accept Oncor's
offer to sell the Property. If the City does not accept the offer within such 30 day period,
the offer shall be deemed rejected. In the event City elects not to purchase the Property
so offered by Oncor, prior to closing of Oncor's conveyance of the Property to the third
party, City shall execute and deliver to Oncor a partial release from this License of such
portion of the Property being sold and the parties shall have no further obligations one to
the other under this agreement as to such portion of the Property.
S. Security City shall be solely responsible for maintaining peace and order and shall
prevent any.nuisances arising from or connected with its license and use of the Property.
6. Oncor's Access. Oncor and its authorized agents shall have the right to enter the
Property at any time for any purpose. It is understood that from time to time entry will be
necessary for inspection, maintenance, and work upon Oncor's facilities located upon the
Hike& BikeTrailAgmment 2
Property and, on such occasions, it may be necessary to close all or portions of the hike
and bike trail and prohibit the public from using same. This License is not exclusive and
Oncor, its employees, agents, representatives, and others whom it may license, may go
upon, make improvements upon and traverse the Property and make changes in the
location of or additions to Oncor's facilities located thereon without payment of
compensation to City, and without liability for any damage to the hike and bike trail or
for any interruption of use of the hike and bike trail.
7. Accentance Of Premises. City acknowledges that it has fully inspected the Property
and accepts the Property in its present condition as suitable for the purpose for which the
License is being granted. This License is granted subject to any and all casements,
restrictions, covenants, conditions, limitations, and mineral interests filed of record in the
Official Real Property Records of Collin County, Texas in effect as to the Property. City
shall not make or cause to be made any improvements to the Property other than as
approved by Oncor in advance, in writing, and then only at the sole cost and expense of
City.
8. Relocation. If at any time in the future, any portion of the hike and bike trail, in the
sole judgment of Oncor, interferes with the installation, operation maintenance and/or
removal of Oncor's electric transmission and distribution line(s) and other facilities,
Oncor shall have the right to require City to relocate the offending portion of the hike and
bike trail on the Property so as not to interfere with Oncor's electric transmission and
distribution line(s) and other facilities. Oncor shall notify City in writing within ninety
(90) days if a portion of the hike and bike trail must be relocated at City's sole cost and
according to plans approved by Oncor, stating the portion so impacted and the reason for
the relocation. If at the end of such ninety (90) day period the portion of the hike and
bike trail has not been relocated, Oncor may relocate it, at the City's expense. Oncor will
not be responsible nor will compensation be paid for damages incurred by such
relocation.
9. Default and Termination. It is understood and agreed that, in case of default by City
or its agents in any of the terms and conditions herein stated, including all terms and
conditions contained in the attached exhibits, such default continuing for a period of
ninety (90) days after Oncor notifies City in writing of such default and the cure action
required, Oncor at its election may terminate this Agreement and upon such termination
all of City's rights hereunder shall cease and come to an end. This Agreement and the
License herein provided shall also terminate upon the abandonment of the hike and bike
trail by City.
10. Condition Uvon Termination. Upon termination of this Agreement, City shall
surrender the Property to Oncor in the same condition as received except for ordinary
wear and tear. City may remove such improvements as it desires. By written notice
Oncor may require City, upon termination, to remove any improvements made to the
Property by City and to restore said portion of the Property to its original condition, at
City's expense. All improvements not required by Oncor to be removed or otherwise
removed by City shall become Oncor's property at no cost or expense to Oncor. If City
fails to remove improvements as required by Oncor, Oncor may remove same and City
shall reimburse Oncor 100% of the costs and expenses of having the improvements
Hike & Bike Tnil Agmmnt
removed from the Property. City shall have a reasonable right of access to the Property
to accomplish said removal and restoration.
11. Assignment And Subletting � The License is personal to City and may not be sold,
transferred, assigned or sublet. Any purported transfer or assignment shall be null and
void ab initio and of no force or effect. It is the intention of this Agreement not to confer
benefits, rights, or privileges on any person or entity other than Oncor and City. This
Agreement is binding on the parties, respective successors and assigns and the
purchaser(s) of all or any part of the Property, except for property upon which Oncor has
no facilities as set forth in Section 4 of this Agreement. City, at its expense, may file a
memorandum providing notice of the existence of this Agreement in the re ' al property
records of any county in which part of the Property is located. A change in the control or
ownership of Oncor shall not give any party the right to terminate this Agreement.
Furthermore, in the event of a merger of Oncor with another entity in which Oncor is not
the surviving entity, this Agreement shall be binding on the surviving entity of such
merger.
12. Boom -Type Equipment. Use of cranes or other boom -type equipment in connection
its employees, agents
with any work to be performed on the Property by City,
representatives, or contractors, or the public generally, must comply with Chapter 752,
Texas Health and Safety Code, the National Electrical Safety Code, and any other
applicable clearance requirements. Notwithstanding anything to the contrary, in no event
shall any equipment be placed within fifteen (15) feet of the Oncor 13 8,000 volt or less
power lines or within twenty (20) feet of the Oncor 345 000 volt power lines situated on
i J the Property. City must notify Oncor 48 hours prior, to'the use of any boom -type
equipment on Oncor's Property. Oncor reserves the right to refuse City permission to use
boom -type equipment.
11 times during the
13. Maintenance of Property City, at its sole cost and expense, at a
term of this Agreement, agrees to, keep clean and maintain or cause to be kept clean and
maintained the entire Property and all improvements which may be placed or erected on
f appearance and repair reasonably satisfactory to
the Property by City, in a good state 0
Oncor. City specifically acknowledges that its obligations with regard to maintenance of
the Property include maintaining the entire width of the Property, and not just the area
surrounding City's Hike & Bike Trail. City, at its sole cost and expense, is liable for all
costs and expenses incurred by Oncor arising out of any (i) landscaping vegetation
encroachments, and/or (ii) trail related park structure encroachments intended for use by
the general public, including, without limitation, picnic tables, park, benches, water
fountains, covered sheds, playground equipment, etc., on the Property not expressly
approved or . authorized by Oncor, regardless of whether made.or installed by City. City
shall not allow any third parties or neighborhood / community groups acting under or
through the auspices of City to install anything on the Property, or perform any plantings,
landscaping or other improvements that are not approved by or part of a landscaping plan
approved by Oncor. City shall not be liable for costs and expenses incurred by Oncor
arising out of non -vegetation type encroachments on the Property which are not intended
for use by the general public such as individual storage buildings, fences, swimming
pools, etc. Oncor is not responsible for any damages to or removal of landscaping due to
Oncor's patrol, maintenance or construction related activities. In the event that City fails
Hike & Bike Trail Agrrewnt 4
to properly maintain the Property as provided herein, Oncor shall have the right, but not
the obligation, to have such maintenance completed, and City agrees to reimburse Oncor
an amount equal to 100% of Oncor's costs and expenses for such work. City shall pay
such amount to Oncor within forty-five (45) calendar days of receipt of Oncor's invoice.
Notwithstanding any of the foregoing, the parties acknowledge that City has no cleaning,
maintenance or repair obligation with respect to Oncor's transmission and distribution
electric line(s) and other facilities located on the Property.
14. Indemnity. To the extent allowable by law, City 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, damages, liabilities, costs and expenses
(including attorney's fees and court costs) of any and every kind of character, known or
unknown, fixed or conting�nt, 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 negligent act or omission of City, its
officers, agents, employees, or separate contractors that may arise out of or be occasioned
by the use of the License and/or Property, except that the obligations provided for in this
paragraph shall not apply to any liability resulting from the sole negligence of Oncor, its
officers, agents, associates, employees or separate contractors, and in the event of joint
and concurrent negligence of both Oncor and City, responsibility and indemnity, if any,
shall be apportioned comparatively in accordance with Texas law, without however
waiving any defenses or immunities available to the parties. I
15. No Waiver Of Limitation Of Liability, By entering into this License Agreement,
neither Oncor nor City in any manner waive any right to assert any legal defenses or
immunities available to either Oncor or City, including, but not limited to, Chapters 75
and 101 of the Texas Civil Practice and Remedies Code. It is the express intention of
Oncor to limit its liability for any injury, death or damage to person or property pursuant
to Chapter 75.002, Texas Civil Practice and Remedies Code (Vernon's 1995).
16. Relocation Of Facilities. If, at the request of City, Oncor relocates any of its existing
facilities located on the Property in order for City to accomplish its proposed use of the
Property, City shall be required to reimburse Oncor for all costs and expenses associated
with such relocations. However, Oncor shall not be required by this Agreement to
relocate any of its existing facilities, and Oncor may withhold its agreement to do so in its
absolute and sole discretion.
17. Notices.. All written notices required under this License must be hand delivered or
sent by certified mail, return receipt requested, addressed to the proper party at the
following address:
To Oncor: To City:
Oncor Electric Delivery Company LLC,
a Delaware limited liability company
Right of Way Office
115 West 7 1h Street
Fort Worth, Texas 76102
City of Wylie, Texas
Park and Recreation Department
300 Country Club #100
Wylie, TX 75098
1 , TX
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Hike& Bike Tr2ii Ag"ement
18. Teias Law.- This Agreement shall be construed under, and in accordance with, the
laws of the State of Texas. This Agreement is performable in Collin County, Texas and
exclusive venue for enforcing same shall be Collin County, Texas.
19. Amendment No amendment, modification, or alteration of the terms of this
Agreement shall be binding unless it is in writing, dated subsequent to this Agreement,
and duly executed by the parties hereto.
EXECUTED to be effective as of the Effective Date stated above.
CITY:
CITY OF WYLIE, TEXAS
, City Manager
By:
Name:
ONCOR:
ONCOR ELECTRIC DELIVERY COMPANY LLC
um
Jill L. Alvarez, P.E.
Attorney -in -Fact
Hike & Bike Trail Agreement 6
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411
THE STATE OF TEXAS I
BMW ALL MEN BY THESE PURM04TS:
COUNTr OF CIDLLIN
That VS. MaIlle ff. snakes. a wild". acting by and
WMA
through her attorney in fact !one H. Ingran, Ethel a. amealea,
a Vidowe and ran& B. Ingraz (the daughter at J. I. Barring)
Joined by her husband F. R. ln9rRM, of Dallas County'. Texas,
for and In C0001d"atiOn of the Box of Ton Dollars csro.00)
and other good and Valuable consideration to US, Cash In hand
paid by Taxes Power Light Coup .
any, a corporation of Dallm
County. Tamn, the recelpt of which in hereby acknowl lodged,
have Granted, Sold =4 Conveyed, and by these presents do
Granty Bell and Convey unto the said Texas Power &I Light
CozPaMy a 11 the following described land:
. ALI that certain lot, treat or parcel of land in
the N. X. Baal Survey, Abotract No. 835, containing
9.32 aicres, being a part of a 100 acre' treat described
In Deed dated -October 19. * 186.8 Iran 1). C. Sashes, at Sal,
to J- X- SachGO. recorded In Val. 85, Page 292, Deed
Records Of C011-lu'Countyl, Taxes, the 9.32 acre trout
hereby col being describe by notes and bound, a,
follows:
BEGXMNG at an Iran pla, set for career In the
"at boundary line of the above described 100 acre
tract, A164eell.wena being Ulso the east boundary
line of a L44 al tract owned. by H.'.A. glassy, and
I AM being also, the "at bol line of th W. N.
Sluabse Survey, said iron piv being 2150, fell GaP
211 Want fine A ]Point whal West boundary 11" of
said Va. Sal Survey IRtekeette the South right of
Val of Farn.Road go..544;
IMP= South W 21 - East 2706.46 feet to � Iron
pin for comer located in the least boundary line of the
above dedarlbed 100 acre * lijast, ,,, being Mind the
want hall line * of a III � IS: kcre treat owned by 9. E.
Alexander, Jr. and B. C.'766.4;-
TBENCZ South 000 29' XeOt, following along said
cancan, boundary line ISO fast -to an Iron pin far comer;
T North S90 211 Weat.2706.11 feet to ant Iran
pin for career located In tl�ajreat boundary linu of the
above Once - ribed 100 earn tr40ti 4 fence, Sasui being also
the east b6undaxy line of 'a qwtain 144 earl treat eased
by H. A. Money; and call. ing also the west bul
line 09:thb 'W� V. Sal way;
THENCE -North 000 21ll)=i� lolloving along Said
C Mob bduidiTY-.2iiis. i Seats 230 feet to the place
of begi.ifting.
L) - �5 * 63
5r7LVq) I
Exhibit A(,,,,)
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Grantors reserve for themselves, their heirs and
"Bigns, all oil. San and Other minerals in and under
the above described lawds provided, howevers Grantors
reserve no right to enter upon or disturb the surface
of said Land ROV to uge'said surface in may Banner
for exploration, drilling or production of such minerals-
c;rmatee agrees not to erect any fences on said property
except; by permission of Grantors Or subsequent adjoining
property Owner or an required bylaw or ordinance.
Grantors reserve the right to Jay out,* dedicate# CO2-
stract, scintaliL said use scrose sold land such MIAss
jai railroad tracks, underground telephone
streets. eye.
cablee and coadultm* and gas, water and Bever pipe lines
W Will But interfere vitb'COFV@ny's use of said land,
provided that all such facilities shall be located at angles
of n t less then 45 d6grees to.say, of Cospany's electric
power lines on said land and shall. be so constructed an to
provide with respect to Conpany's wires and other facill-
ties the ainlaum clearances provided -by law and recognized
AS standard in Us electrical industry.
To gAVR AND To BOLD the above described. preal"S..
together with all "d singular, the rights and appurtenances
d,TezW Power & Light
thereto In anywise belonging onto the sat
�opaay, its successors and me Igns forever; and we. do hereby
tam and,adminiertrzt0m, to
bind ourselves, aur, heirso execa
Warrant and Porever Defend all and singular the said premises
its succuagum and
unto the said Taxag Power & Light COEPMY.
"signs. Rg&jna% every person whomsoever lawfully claiming or
to claim tho,same, or any part thereof.
this day of AliefiSaV A. D, 1960.
one
Ingvem
Exhibit A(
THE STATE OF TZEAS 1 413
C OUNTY OF nATf.ks
BEFORE ME,. the undersigned authority, a Notary
Public In Bud for said County and State.- on thin day per-
sonally appeared Idu&�H. Ingram, knows to M to be the per-
son whose ame In subscribed to the foregoing instrummunt Be
attorney in fact of Mollie B. Sachne, a widow, the party
thereto, Bud acknoviedged'to me that she executed the sme
as attorney In fact for the Bald Mollie H. Sachoe� end that
-the Bald XoLI16 ff. Sashes azecuted the Base by Bud through
,bar for the purposes Bud consideration the ein expressed.
GIVEN URDER MY ROD, AND SNAL.OF OFFICE, this
day of A. D. 1960.
IV I V& �al
..1ary r1mmime In- "a W �Im
Countyi TeW&
Tim -STATE OF
COUNTY OF
BEFORE ME, the undersigned authority, a Notary
:Public In and for said County Bud State, an this day per�
v 6onally appe;ared� Ethel u.%%wtou' a VIA", know to Be to
be the -person WhOSOMABB is subs ribed to the foregoing
.1matrummunt and ackoowledged to m that she ftecuted the
1,Vato for the purposes Bud consideration therein expressed.
GIVEN UNDER NY HAIM AND SEAL OF OFFICE this the
.4ay: of A. D. 1960.
Qi"4 4 49-19M
County W
44—
Exhibit A(, NA
oW
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THE SUTE OF TEXAS.
COMM OF DALE�S
EmFoxg mE, the undersigned authority, a Notary Public
. In and for Said, County and Statel on this day POMOMS117
appeared F. M Ingram and Iona. H. Ingr"s his mifet both knova
to me to be tin persons h.. �—. are subscribed to the gore
going Instrument and acknowledged to Me that they each exe-
anted the Base for the PUMPOSM and consideration thercin-expressed,
and the said loss R. jugra�� wife of the Said F. M. Ingran, having
been -desslued by me privily and ap"t from her husband, and having
the awe fully explained to her. she, the said loss U. Ingram
ack,caledged wnch instrumant to be her act and dead, and She
declared that She had willingly signed the Bass for the PW-
poses mhd,�cohuidoratlon therein expressed, and that she did not
wish to retract It.
of EIAND MM SE&L 07 MICE this the
day , A. D. 1960.
I
. I
r
Exhibit A,,,)
11
Exhibit A
ONCOR HIKE AND BIKE TRAIL
GUIDELINES
A SUSTAINABLE COMMUNITY PARTNERSHIP MODEL
June 1, 2014
Exhibit B
(10+9)
C NC R.
CIPTUEXAS TRAILS
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Table of Contents
Introduction....................................................................................
Guiding.Principles ................ ........................................................
Background; ........................ ..........................................................
Application/ Process ....................................................................
Hike and Bike Trail Features ......................................................
Landscaping Requirements .......................................................
Landscape Template ...................................................................
Update June 1, 2014 ,
........................................... 3
........................................... 4
........................................... 4
I ................................. 7
.................................. 9
Eydlibit B
Page 2 of 9
Introduction
In 2011, Oncor announced it will begin to transform pathways under parts of the
company's transmission ridhts-of-way into hike and bike trails as part of the new Oncor
Texas Trails program. These trails will help create pathways that will be integral parts of
the,communities Oncor serves. The Oncor Texas Trails program is also a key part of
Oncor's commitment to supporting health and fitness initiatives, as well as a key part of a
broader Oncor initiative to align Oncor's assets with community needs.
The Oncor Texas Trails program will allow Oncor to work.proactively with the
communities we serve to design a template f or recreational use of transmission rights -of -
way, including native and low maintenance landscape designs. .
Oncor hopes that the hike and bike trails will lend themselves to health and fitness
oriented events such as community walks, runs, rides and other fitness activities along
the trails. These types of events illustrate the, importance of living a healthy lifestyle and
provide an outlet to community members to practice a healthy lifestyle. -
Guiding Principles
The following,gulding principles are primary factors when evaluating proposed Hike and
Bike Trail plans:
• Maintaining the safety of the public and Oncor's employees and contractors;
• Promoting a sustainable community partnership model that aligns well with
Oncor's philanthropic and community involvement focus.,on health and wellness;
• Ensuring public awareness and support for hike and bike trail projects including
the adjacent landowners;
Maintaining the reliability, security and electrical clearance requirements of
Oncor's transmission and distribution lines;
Preserving pncor's ability to access facilities for on -going and future inspection,
operations and maintenance needs;
Ensuring the corridor is not constrained in a way to prevent meeting future grid
electrical needs, system upgrades, etc.:
* Avoiding increased maintenance expense or liability for Oncor
a Sustaining and protecting the Licensee's investment in a hike and bike trail.
"Exhibit B
Last Update June 1, 20 14 Page 3 of 9
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Background
Oncor's transmission line rights-o'll-way (ROW) primary purpose.is to provide safe and
reliable electric service to the public. The ROW is used by Oncor to construct, operate,
and maintain transmission and in some cases distribution facilities. When possible, the
use of the ROW for hike and bike trails is a great way for Oncor to partner with cities in
our service area. The width of a transmission line ROW depends on the voltage of the
line and the height of the structures, but can be 70 to 160 feet wide or more depending
on the type of facilities and their location on the ROW.
Transmission lines transfer electricity from generating stations to substations. From
these substations, the electricity is distributed to individual homes and communities
through distribution lines typically supported by wood poles called distribution poles.
These distribution lines and poles are smaller in size, carry a smaller amount of
electricity, and are spaced closer together as compared to transmission lines and
structures.
Since overhead electric lines are un-insuiated, the design of these lines requires that
minimum clearances be maintained for safety and reliability, Trees and other plant
materials can cause interruptions to electric service if they grow into or fall upon the
overhead electric lines. Since 1996, tree and power line conflicts have been implicated
as the cause of three large-scale electric grid failures in the US and Canada, including
the massive August 14, 2003 blackout that affected 50 million people. As a result, the
industry practice of tree clearing both within and along the edge of ROW has become
more stringent.
The development of Hike and Bike Trails and Landscaping Enhancements must be
carefLilly.planned and these guidelines have been developed to ensure a sustainable
community partnership where transmission line ROW remains in compliance with all
clearances, safety regulations, and good engineering practices that pertain to existing
and future electric transmission and distribution facilities.
Application/ Process
Each transmission right of way is unique and as such, Oncor reviews each project for
5 1
approval. These Guidelines and Landscaping Templates are provided as information to
minimize misunderstanding and ensure that improvements that are proposed by a
community will be possible.
Before developing details plans for a Hike and Bike Trail on Oncor property, the entire
proposed scope of the Hike and Bike Trail (including those portions of the proposed trail
not impacting Oncor's property) should be submitted to Oncor for review. This
preliminary review process is intended to provide project f easibility feedback to the
potential Licensee regarding the use of Oncor's property for Hike and Bike Trail
purposes before the Licensee makes significant financial investments and plans.
Exhib sit B
Update June
Page 4
The Hike and Bike Trail project plan documentation requirements are as follows:
• Submit a set of preliminary, scalable plans showing the property lines,
transmission and distribution structures, existing facilities' (roads, telecom, etc.)
and proposed trail location.
• Indicate all proposed grading / elevation modifications.
• Utility access route to be shown on plans.
• If possible, discuss future desired trail improvements if not part of the original
plans.
Hike and Bike Trails License Agreements are for use with city or county governments.
Oncor will not license a hike and bike trail to other entities such as homeowner's
associations. I
Hike and Bike Trails are intended for application on typical 138,000 volt or 69,000 volt
ROW owned by Oncor. Oncor will review proposed trail locations for appropriate
application in the event the property configurationor facility limitations cannot
accommodate a Hike and Bike Trail.
The Licensee must conduct an open meeting for all adjacent property owners and the
public before the start of a hike and bike trail project to ensure public awareness and
support.
Oncor reserves the right to approve or deny Hike and Bike Trails and the trail design or
landscaping in certain areas and situations consistent with the Guiding Principles.
Hike and Bike Trail Features I
It is important for Oncor to be provided the full scope of a community's proposal for the
success of the project and to protect the city's investment in the trail. Following are
specific requirements:
Trail Desion Reauiremen
• One side of the transmission line ROW must remain open throughout the trail to
allow Oncor access for maintenance and operations. Typically a minimum of 15
feet is required for vehicular access.
• The maximum concrete trail width is 12 FT.
• Divided concrete trails are not allowed.
• Bollards will typically be required at road crossings,
• Trail construction will minimize changes to the existing grade, elevation, and
contours within the ROW.
• Written consent is required from Oncor, prior to any excavation or trenching within
the ROW.
• Minor changes will be permitted to comply with American with Disabilities Act.
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Last Update June 1, 2014 Page 5 of 9
Amenities
The following commonly requested hike and bike trail amenities are generally acceptable
with some restrictions:
, Grossing Metal Fences - maximum height 8 feet, crossing angle at 45 to 90
degrees to the centerline of the ROW.
e Trash Receptacles - at road/street crossings.
* Trail Identification Signage -,non-conductive materials only, trail name
identification at the road/street crossing, maximum height 6 feet.
* Mile Marker Signage - non-conductive materials only, recommended one per mile,
edge of ROW, maximum height 6 feet.
0 Rest Areas ' - located adjacent to publically available road/street access.
0 Pedestrian Benches - maximum length 6 feet, located adjacent to publically
available road/street access.
* Shade Features — typically located within rest areas, non-conductive, non -
climbable, work closely with Oncor on height and ROW location to ensure
electrical clearances are met.
0 Low Water Crossings - permitted with minimum grade/elevation change.
* Decorative Walls — incorporated within landscaping features, maximum height 5
f eet.
& Sprinklers —, low pressure drip irrigation only and in areas of approved andscaoing
vegetation only.
* Portable Restrooms — temporary ONLY for events and construction.
Restriction
Consistent with the Guiding Principles, the following improvements are typically not
compatible with transmission ROW, but can be incorporated into the overall hike and
bike trail design outside the transmission ROW and not on Oncor property:
9 Structures (e.g. pavilions, cabanas, playground equipment, storage buildings,
etc.)
• Longitudinal Fences (conductive or non-conductive)
• Electrical lighting or wiring
• Dumpsters
• Parking Lots
• Ponds
• Bridges
'1 0
I PVA
Eli X b t
Last Update June 1, 2014 Page 6 of 9
Landscaping Requirements
Vegetation density and height are critical issues affecting the safe and reliable operation
of Oncor transmission lines. Landscaping requirements attempt to provide basic
guidelines for a space that allows compatible use of vegetation and visually attractive
landscaping features with the use of Oncor's electric facilities in accordance with the
Guiding Principles.
Before any new transmission line ROW landscaping plan for a Hike and Bike Trail or
Landscaping Enhancement is approved, Oncor will work with the licensee to indentify all
existing vegetation incompatible with these Landscape Requirements and determine the
plan for removal. Once a new landscaping design is approved by Oncor, the
improvements may be installed and are,maintained by the Licensee.
The license agreement for the hike and bike trail requires the Licensee maintain the
entire length and width of the transmission line ROW covered under the license
agreement - not just the areas within and immediately adjacent to the trail.
Visual Interest Features
Features that promote visual interest such as vegetation, rocks, planting beds, berms,
etc. are often desirable features in a landscape plan. Oncor will review and if appropriate
approve these features for potential clearance and access issues, consistent with the
Guiding Principles.
For the purposes of landscape design requirements, a Landscape Template is provided
to communicate where visual interest features are generally acceptable and offer the
least interference with ROW access and clearance with electric facilities. The template
describes three general zones:
Structure Zone — includes a 25 foot space surrounding a transmission structure.
Typically turf only.
Sag Zone — includes the middle 40% of the ROW between transmission
structures and 10 feet outside the outermost overhead transmission conductor.
Grass type plantings only. Visual interest features and other amenities are
typically incompatible.
Visual Interest Zone — features might include approved vegetation, rocks, planting
beds, berms and amenities. Typically limited to 5 foot in height.
Other utility facilities within the transmission ROW such distribution lines / poles,
substations, utility boxes may exist. Areas within 25' of these facilities should be turf only.
The density of vegetation (all types) for all zones should not exceed 25% of the total
space available by landscape area per span. There should be no plantings, stands, or
beds that cover the entire length or width of any zone so as to form a barrier to visibility
or travel by foot or by vehicle from one Zone to the next or one'span to the next.
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Last Update June 1, 2014 Page 7 of 9
Adequate breaks or spacing between beds or stands should exist to provide for foot and
vehicle travel through these Zones.
Following are the minimum spacing requirements for certain types of plant material:
Shrubs -Minimum 15 ft spacing outside of planting beds
Ground cover/Flowers/Bunch Grass — typically limited to planting beds
Grade
The existing ROW should be sufficiently graded to provider good drainage and avoid
standing water. Care should be taken during trail construction to avoid any changes in
the grade within the transmission line ROW, thus preventing any drainage issues or
concerns from adjacent landowners.
Plant Materials and Landscave Layout
All plant material that will be installed will be noted on the trail landscaping.plans at the
exact location where it will be planted. The specific species and variety of all plant
material must be listed on the plans.
The following Recommended Plant Material List is intended as a guide and does not
guarantee that the plants listed will not exceed the maximum height under certain
conditions. Licensee will be responsible ensuring that the maximum allowable height of
plant material is not exceeded at any time. if, upon inspection by an Oncor
representative, plant.material is found that exceeds the maximum height allowed for the
Zone where it is planted, 'Oncor representatives will mark (Tag) the plant material for
removal by Licensee. Replacement of the plant material will be at the sole cost of the
Licensee. If Licensee fails to remove the plant material that has been tagged by Oncor
as non -compliant, Oncor reserves the right to remove the plant material and Oncor's
discretion after 30 days written notice to Licensee.
Vegetation height at maturity must not exceed 5 feet The following list of ornamental
plants generally meets these requirements. No trees will be approved as part of a
landscape design on transmission ROW. Other plants may be submitted for review on a
case -by -case basis.
b B
Last Update June 1, 2014 �age 8 of 9
Recommended Plant Material List
American Beautyberry-
Callicarpa ameficana
Apache Plume
Fallugia pardoxa
Bat Face Cuphea
Cuphea Haves
Bridal Wreath Spirea
Spiraea cantoniensis
Bridal Wreath Pirea
Fires patens
Butterflybush (blackbush)
Buddleia cacidd var black
KnightlBonnie
Coralberry
Symphoricarpos orbiculatus
Cliff Spirea
Holodiscus dumosus
Creosotebush
Laffea tridentate
Fern Acacia
Acacua angustissima
Firebush
Hamelia patens
Flame of the Woods
Ixora coccinea
Golden Currant
Ribes aureum
Oak leaf Hydrangea
Hydrangea querciticitia
Primrose Jasmine
Jasminum mesnyi
Rabbitbrush
Chysothamnus nauseosus
Flockspray Coloneaster
Cotoneaster horizontalis
Shrubby Cinquefoil
Potentillairuiticos
Texas Sage
Leucophyllum virginicus
Three Leaf Sumac
Rhus thlonata
Winter Honeysuckle Bush
Lonicerairagrantissima
Yellow Bird of Paradise
Caesaloinia giffiesii
Landscape Layout Template
Stmet.,e Zone Sag Zone
LEGEND:
rLstructure i_qn�eq 25 Foot Perimeter From Towei
Base. Tur( Only.
Cr§a9z9n'W�- Middle 40% In-between Transmissio
Towers and 10 Feet Outside the Outermost over
Transmission lines. Grdss-Type,Planting.Only.
,,tillisual Interest Zone -Nisual Interest Features
Z_ _j
such-ai—R&cKs—Plantiing Beds. Berms. Amenities
Typically Limited to 5 Foot in Height
Visual Interest Zone
Last Update June 1, 2014 Page 9 of 9
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ONCOR TOWER EXHIBIT
WOODBRIDGE
SINGLE FAMILY HOMES
WYLIE,TEXAS
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Exhibit C
CONSTRUCTION LIMITATIONS ON
ONCOR ELECTRIC DELIVERY COMPANY RIGHT OF WAY
EXHIBIT"D"
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. 10 1, as amended from time to time.
4. No crossing less than 45 degrees to the centerline of the right-of-way. I
5. 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.
6. Equipment and materials will not be stored on the right-of-way during construction
without written approval of the Supervisor of Regional Transmission.
7. Street or road crossings are to be based on drawings submitted. Any change in
alignment or elevation will be resubmitted for approval.
8. No signs, lights or guard lights will be permitted on the right-of-way.
Hike & Bike Trail Agreement 7
9. Power I line safety equipment operations: hazard assessment and precautions inside the
work zone area must be performed and in compliance with OSHA Standard
§ 1926.1408 at all times. Equipment shall not be placed within fifteen (15) feet of the
Oncor 138,000 volt or less power lines or within twenty (20) feet of the Oncor
345,000 volt power lines.
10. 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. ,
11. No dumpsters will be allowed on Oncor right-of-way.or fee owned property.
12. Draglines will not be used under the line or on Oncor right-of7way.
13. The existing grade shall not be disturbed, excavated or filled within 25 feet of the
nearest edge of any tower.
14. 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.
15. No obstruction shall be installed on the right-of-way that would interfere with access
to Oncor structures or prevent mechanical maintenance.
16. Before any work is done under Oncor lines or by Oncor structures notify the Region
Transmission Department, (972) 998-9137.
I �. No hazardous materials will be stored on the right of way.
18. For purposes of this document, "Hazardous Materials" means and includes those
substances, including, without limitation, asbestos -containing material containing
Hike& Bike Trail Agmwnt 8
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
M., the Comprehensive Environmental Response, Compensation and Liability Act
of 1980i ("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, 2 "se ., the Clean Air Act, 42 U.S.C. §741 et seq., 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.
19. Brush and cut timber will not be piled or stacked on Oncor fight -of -way or will not be
burned upon or in close proximity.to the conductors or towers.
20. No structures or obstructions, such as buildings, garages, barns, sheds, guard houses,
etc., will be permitted on the right-of-way.
21. 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.
22. No park or park designation will be permitted on the right-of-way.
23 1 . Protective Barrier; Grantee, at Grantee's sole expense, shall provide one of the
following protective barriers; 1) a concrete protective barrier between the surface and
the pipe that is a minimum of one foot thick by one foot wide, if pipe is wider then
one foot, then width of pipe, with the top of the concrete barrier to be at least one foot
Hike & Bike Trail Agreement 9
below the surface or final grade, 2) construct the gas pipeline inside of a proper
protective steel casing, 3) where electric facilities are located above ground, install
the pipeline a minimum of 10 feet below the ground surface, or 4) where electric
facilities are located below ground, install the.pipeline at a depth that provides for a
minimum of a 10 foot clearance between the pipeline and the underground electric
facilities.
Hike & Bike Trail Agreement 10
