Item 4F - Oncor Encroachment AgreementAugust 25, 2025
City of Southlake
Attn: Martin Schelling
2665 N White Chapel Blvd.
Southlake, TX 76092
Re: Request # 2025-5400CW
Proposed Encroachment on Easement to the City of Southlake for paving and
grading for one new street crossing (Linmar Lane) with one -8” waterline and
one-24” storm drain line within the street right of way crossing Oncor’s 60’ wide
easement E-199844. Crossings are for the Linmar Estates Addition and all
crossings are on portion of the Trophy Club – Grapevine Jct. 138 KV line near
Str. 9/4.
Dear Martin:
Attached, please find an original Encroachment on Easement document for the
proposed Linmar Estates encroachments in Tarrant County, Texas.
Please print the attached document twice and have both documents executed,
notarized by the City and return both wet originals to my attention for final signature by
Oncor and recording.
Once the documents have been fully signed, I will then forward one (1) fully signed copy
to you for your file. You may call me at 817-215-6288 should you have any questions.
Sincerely,
Chad Whitehead
Chad Whitehead, RWP
Oncor Right of Way Agent Sr.
Transmission Engineering
Oncor Electric Delivery
777 Main Street
Suite 707
Fort Worth, Texas 76102
(o)817-215-6288
chad.whitehead@oncor.com
Chad Whitehead
Right of Way Agent Sr.
Trophy Club – Grapevine Jct. 138KV Line
E-199844
2025-5400CW
ENCROACHMENT ON EASEMENT
WHEREAS, Oncor Electric Delivery Company LLC (“Oncor”), is the owner an easement in
Tarrant County, Texas, which is recorded in Volume 8643, Page 1785 of the Deed Records of
Tarrant County, Texas (“Easement”); and
WHEREAS, the City of Southlake (“User”), desires permission to construct, operate and maintain
paving and grading for one new street crossing (Linmar Lane) with sidewalks, one 8” waterline
crossing, and one 24” storm drain crossing (“Encroaching Facility”) within the area or
boundaries of the Easement (“Easement Area”).
NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good
and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Oncor and
User do hereby agree as follows:
1. Location of Encroaching Facility. Oncor hereby consents to the Encroaching Facility
within the Easement Area subject to the terms, conditions, and limitations of this agreement. User
may locate the Encroaching Facility in the Easement Area, but only as described and shown on
the attached drawings marked Exhibit "A", incorporated herein. User may not relocate the
Encroaching Facility within the Easement Area without the consent and approval of Oncor, which
consent and approval shall be at Oncor’s sole discretion, provided that it shall not be unreasonably
withheld. User acknowledges and agrees that Oncor holds easement rights on the Easement
Area; therefore, User shall obtain whatever rights and permission, other than Oncor’s, that are
necessary.
2. Restrictions on Use of Easement Area. User shall use only so much of the Easement
Area as may be necessary to construct, maintain, operate and repair the Encroaching Facility. User
shall, at its own cost and expense, comply with all applicable laws, including but not limited to
existing zoning ordinances, governmental rules and regulations enacted or promulgated by any
governmental authority and shall promptly execute and fulfill all orders and requirements imposed
by such governmental authorities for the correction, prevention and abatement of nuisances in or
upon or connected with said Encroaching Facility. At the conclusion of any construction, User shall
remove all debris and other materials from the Easement Area and restore the Easement Area to
the same condition it was in prior to the commencement of User’s construction thereon or in
proximity thereto.
User shall not place trash dumpsters, toxic substances or flammable material in the Easement
Area. Further, if the Easement Area has 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 towers), 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. User, at User’s sole expense, shall maintain and
operate the Encroaching Facility. Oncor will not be responsible for any costs of construction,
reconstruction, operation, maintenance or removal of User's Encroaching Facility. User shall be
liable for any and all taxes and fees assessed by cities or other taxing authorities related to User’s
Encroaching Facility or User’s other allowed improvements being located on the Easement Area,
including, but not limited to, the assessment of any storm water fees.
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4.Risk and Liability. To the extent allowable by law, 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, or subconsultants 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
Southlake has not and will not create a sinking fund or collect any tax to pay any obligation created
under this section.
6.High Voltage Restrictions. Use of draglines or other boom-type equipment in connection
with any work to be performed on the Easement Area by User, its employees, agents, invitees,
contractors or subcontractors must comply with Chapter 752, Texas Health and Safety Code, the
National 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. User must obtain Oncor’s approval and
notify the Region Transmission Department at 817-470-6939, 48 hours prior to the use of any
boom-type equipment on the Easement Area.
7.Relocation of Facilities. User shall not place its facility within 25 feet of any pole or tower
leg. User agrees that in the event that Oncor determines that User’s Facility interferes with Oncor’s
facilities, User will relocate User’s Facility at User’s expense provided, however, that Oncor shall
provide User at least one hundred eighty (180) days written notice of the need to relocate the
Encroaching Facility. User will be entitled to relocate User’s Facility on the encroachment area
granted hereunder if reasonably possible without further interference with Oncor’s facilities. If
User’s Facility cannot be relocated on the encroachment area, then, if reasonably possible, Oncor
agrees to grant User an encroachment near the encroachment granted hereunder so that User’s
facility can continue to operate as originally intended.
8.Default and Termination. It is understood and agreed that, in case of default by User or its
agents in any of the terms and conditions herein stated and such default continues for a period of
thirty (30) 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.
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9.Governing Law and Venue. The Agreement shall be governed by and construed in accordance with
the laws and court decisions of the State of Texas, without regard to conflict of law or choice of law
principles of Texas or of any other state or country. The obligations of the Parties to the Agreement
shall be performable in Tarrant County, Texas and, if legal action is necessary in connection with or
to enforce rights under the Agreement, exclusive venue shall lie in Tarrant County, Texas.
10.Governmental Immunity. User does not waive governmental immunity or other defenses available
to it under Texas law.”
11.Entire Agreement. This Agreement constitutes the entire agreement and understanding between
the parties with respect to the subject matter hereof, and supersedes all prior agreements and
understanding thereto. No cancellation, modification, amendment, deletion, addition or other change
in this Agreement or any provision thereof shall be effective for any purpose unless specifically set
forth in writing signed by the Parties.
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This agreement shall extend to and be binding upon each Party 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 , 2025.
APPROVAL:
Oncor Electric Delivery Company LLC
By:
Attorney-In-Fact
STATE OF TEXAS §
§
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day personally appeared
, as 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 for the purposes and consideration
therein expressed, in the capacity therein stated and he is authorized to do so.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
, A. D. 2025.
Notary Public in and for the State of Texas
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ACCEPTANCE:
City of Southlake
By:
Name:
Title:
STATE OF TEXAS §
§
COUNTY OF §
BEFORE ME, the undersigned authority, on this day personally appeared
, as the of
the City of Southlake, 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. 2025.
Notary Public in and for the State of Texas
After Recording, Return To:
Oncor Electric Delivery Company LLC
Right of Way Services
Attn: Laura DeLaPaz
777 Main St, Suite 707
Ft. Worth, Texas 76102
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Not for Construction or Permit PurposesCLAYTON T. REDINGER974975/22/2025PREPARED FOR: LINMAR DEVELOPMENT, LLC1206 NORTH CARROLL AVENUESOUTHLAKE, TEXAS 76092PHONE: (214) 668-1211REDINGER GROUP, LLCP.O. BOX 93206SOUTHLAKE, TEXAS 76092PHONE: (817) 253-5727ENGINEERING FIRM REGISTRATION NUMBER F-23328WATER PLANLINMAR ESTATESSOUTHLAKE, TEXASExhibit "A"Encroachment on Easement Page 6 of 12
Not for Construction or Permit PurposesCLAYTON T. REDINGER974975/22/2025PREPARED FOR: LINMAR DEVELOPMENT, LLC1206 NORTH CARROLL AVENUESOUTHLAKE, TEXAS 76092PHONE: (214) 668-1211REDINGER GROUP, LLCP.O. BOX 93206SOUTHLAKE, TEXAS 76092PHONE: (817) 253-5727ENGINEERING FIRM REGISTRATION NUMBER F-23328STORM DRAIN PLAN & PROFILE -SD-1LINMAR ESTATESSOUTHLAKE, TEXASExhibit "A"Encroachment on Easement Page 7 of 12
Not for Construction or Permit PurposesCLAYTON T. REDINGER974975/22/2025PREPARED FOR: LINMAR DEVELOPMENT, LLC1206 NORTH CARROLL AVENUESOUTHLAKE, TEXAS 76092PHONE: (214) 668-1211REDINGER GROUP, LLCP.O. BOX 93206SOUTHLAKE, TEXAS 76092PHONE: (817) 253-5727ENGINEERING FIRM REGISTRATION NUMBER F-23328PAVING PLAN & PROFILELINMAR ESTATESSOUTHLAKE, TEXASExhibit "A"Encroachment on Easement Page 8 of 12
Not for Construction or Permit PurposesCLAYTON T. REDINGER974975/22/2025PREPARED FOR: LINMAR DEVELOPMENT, LLC1206 NORTH CARROLL AVENUESOUTHLAKE, TEXAS 76092PHONE: (214) 668-1211REDINGER GROUP, LLCP.O. BOX 93206SOUTHLAKE, TEXAS 76092PHONE: (817) 253-5727ENGINEERING FIRM REGISTRATION NUMBER F-23328SIDEWALK, SIGNAGE & STREETLIGHTING PLANLINMAR ESTATESSOUTHLAKE, TEXASExhibit "A"Encroachment on Easement Page 9 of 12
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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. 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 less power
lines or within twenty (20) feet of the Oncor 345,000 volt power lines.
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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, 817-470-6939.
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.
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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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