Resolution 2020-161
RESOLUTION NO. 2020-16(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 581, PAGE 236 OF THE DEED RECORDS OF COLLIN
COUNTY, TEXAS FOR THE BIRMINGHAM FARMS TRAIL PROJECT
IN RETA ALLEN PARK.
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 10th day of March, 2020.
ATTEST TO:
CALPIACAWL
STEPHANIE STORM, City Secretary
Resolution No. 2020-16(R)
Encroachment on Easement Agreement
With Oncor Electric Delivery Co., LLC
JEFF F or Pro Tem
EXHIBIT "A"
Encroachment on Easement Agreement
Resolution No. 2020-16(R)
Encroachment on Easement Agreement
With Oncor Electric Delivery Co., LLC
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Royse - Ben Davis (tmpa) 138kV
E-83631
2020-0067RT
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 581, Page 236, of the Deed Records of
Collin County, Texas ("Easement"); and
WHEREAS, the City of Wylie ("Owner"), desires permission to construct, operate and maintain an
eight (8) 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 may be necessary to 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, 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, 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 Page 1 of 9
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, 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 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 Voltage 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 138,000 volt or less power lines or within twenty (20) feet of the Oncor
345,000 volt power lines situated on the aforesaid property. Owner must notify the Region
Transmission Office at (469)925-2605 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 Owner 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 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.
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Encroachment on Easement Page 2 of 9
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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 10th day of March , 2020.
Oncor Electric Delivery Company LLC
By:
Jill L. Alvarez, P.E.
Attorney -In -Fact
City of Wylie
By:
Name: Chris Hoisted
Title: City Manager
Encroachment on Easement Page 3 of 9
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. 2020.
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 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 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. 2020.
Notary Public in and for the State of Texas
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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 voltageelectrical 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. No crossing less than 45 degrees to the centerline of the right-of-way.
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.
9. Power 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 Tess power
lines or within twenty (20) feet of the Oncor 345,000 volt power lines.
Encroachment on Easement Page 7 of 9
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-of-way.
13. The existing grade shall not be disturbed, excavated or filled within 25 feet of the nearest edge
of any Oncor transmission structure (tower, pole, guy wire, etc...).
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. Drainage facilitation will not be allowed to discharge into/onto Oncor 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, (469)925-2605.
17. 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 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.
Encroachment on Easement Page 8 of 9
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§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 seq., 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.
19. Brush and cut timber is not to be piled or stacked on Oncor right-of-way nor is it allowed to be
burned upon or in close proximity to the conductors or towers.
20. No structures or obstructions, such as buildings, ,garages, barns, sheds, swimming pools,
playground equipment, 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. Gas Pipeline 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 (1) foot thick by one (1) foot wide, if pipe is wider than one (1) foot,
then width of pipe, with the top of the concrete barrier to be at least one (1) foot 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 ten (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 ten (10) foot clearance between the pipeline
and the underground electric facilities.
24. No fire hydrants or manholes will be permitted within the right-of-way.
25. Any drainage feature that allows water to pond, causes erosion, directs stormwater toward the
right-of-way or limits access to or around Oncor's facilities is prohibited. Drainage facilitation
will not be allowed to discharge into/onto Oncor right-of-way.
26. No boring pits or other type of pits will be permitted within the right-of-way.
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