Dove Street (TXU) - Encroachment on EasementOFFICIAL
ENCROACHMENT ON EASEMENT
Date: January 19, 2000
Re:
Roanoke Sw. - Ball St. - Euless Sub. 138kv
Trophy Club - Grapevine Jct. 138kv
TD-56646 Structures 9/8 to 10/5
E-188349 thru E-188358; E-188384 & 3DR-4513
Mr. Shawn Poe, P. E.
City of Southlake
1721 East Southlake Blvd. - Suite 100
Southlake, Texas 76092
Dear Mr. Poe:
The City of Southlake (hereinafter referred to as User) has requested permission to place
sanitary sewer facilities within the area or boundaries of TXU Electric Company's (T×U
Electric), successor to Texas Utilities Electric Company and Texas Power & Light
Company, easements by Assignments and Conveyance recorded in Volume 10062, Page
2147, Deed Records of Tarrant County, Texas.
TXU Electric is agreeable to the sanitary sewer facilities, hereinafter referred to as the
"encroaching facility", if the encroaching facility is located and described as shown on the
attached drawing, marked Exhibit "A" and incorporated herein, and subject to the
following terms and conditions:
It is understood and agreed that TXU Electric holds easement rights on the property
involved; therefore, User will be required to obtain whatever rights and permission,
other than TXU Electric's, that are necessary. This letter agreement shall extend
to and be binding upon User and its heirs, successors, and assigns, and is not to
be interpreted as a waiver of any rights held by TXU Electdc under its easement.
User shall defend, indemnify and hold harmless TXU Electric, its employees and
agents from and against any and ail claims, expenses, (including attorney fees),
damages, losses and judgments whether for bodily injury or damage to property
whether or not adsing from the sole or concurrent negligence or fault of TXU Electdc
or its employees, arising out of or incident to the presence, construction, operation
and maintenance of the encroaching facility.
ENCROACHMENT ON EASEMENT
J. iq. FRANCISCO
TXU BUSINESS SERVICES
CORPORATE DOCUMENT SERVICES
PO BOX
DALLAS, TX
Use of draglines or other boom-type equipment in connection with any work to be
performed on the TXU Electric easement by User, its employees, agents,
representatives or contractors must comply with Texas Statute (3TexCiv. St. 1436c),
the National Electdc 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 feet of the TXU Electric power lines situated on the
aforesaid property. User must notify the Fort Worth Transmission Manager at
817/496-2736, 48 hours prior to the use of any boom-type equipment on the TXU
Electric easement.
The encroaching facility does not currently interfere with TXU Electdc's usage, but
if in the future the encroaching facility, in the sole judgment of TXU Electric, does
interfere with the use or enjoyment of its easement rights, TXU Electric shall have
the right to remove said encroaching facility. TXU Electric shall notify User in wdting
that within 90 days, the encroaching facility must be removed at User's sole cost.
If at the end of the 90 day period the encroaching facility has not been removed,
TXU Electdc shall remove it at User's expense. TXU Electdc will not be responsible
nor will compensation be paid for damages incurred by such removal. However, in
an emergency, TXU Electric shall have the right to immediately remove the
encroaching facility. If the encroaching facility is removed, TXU Electric will not
unreasonably withhold consent for User to relocate the encroaching facility within
the easement.
It is expressly understood and agreed that if the property has transmission or
distribution facilities located thereon, User shall not place upon the premises, any
improvements including but not limited to, buildings, light standards, fences, shrubs,
trees or signs unless approved in writing by TXU Electric.
It is agreed that no trash dumpsters, toxic substances or flammable material will be
allowed on the easement.
TXU Electric will not be responsible for any costs of construction, operation and
maintenance of User's encroaching facility. It is further agreed that TXU Electric
shall not be liab!e for any damage to the encroaching facility herein agreed to as a
result of TXU EIectric's use pursuant to its easement. Any TXU Electric property
damaged or destroyed by User or its agents shall be repaired or replaced by TXU
Electric at User's expense and payment is due upon User's receipt of an invoice
from TXU Electric.
General construction limitations on encroachments are described and listed in
Exhibit "B", attached hereto and by reference made a part hereof.
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 pedod of
ten (10) days after TXU Electdc notifies User of such default, TXU Electdc may at
its election forthwith terminate this agreement and upon such termination all of
User's dghts hereunder shall cease and come to an end. This agreement shall also
terminate upon the abandonment of the encroaching facility.
If the foregoing terms and conditions are acceptable to the City of Southlake, please have
the original and a copy of this letter agreement signed and retumed to me at P.O. Box
139083, Dallas, Texas 75313-9083, within 30 days for final approval by TXU Electric. This
letter agreement shall be effective only after final approval by TXU Electric.
Yours very truly,
J. R. Francisco
Analyst, Sr.
ACCEPTED:
APPROVED:
CITY OF ~ :~Oul'HL,~Y-~ TXU ELECTRIC COMPANY
STATE OF TEXAS
.~?~EzF.O.l~,~,lV~2...tl~e~.ur~dersigned authority, on this day personally
..4/wyu~f.f~/I/4j.4~ , known to me to be the person whose name is
subscribed to the foregoing instrument an,.d ac~no.wl,edged to me that he exec.ted the
same as the act and deed of
, as the
.I/~ thereof, and for the purples and consideration therein
expressed a~nd in the capacity therein stated, and that he was authorized to do so.
MY HAND AND SEAL OF OFFI.C~ this ...~.~ , A.D. 20 ~2¢_~ .
Notary 15ublic in an8 for the State of Texas
day of
STATE OF TEXAS
COUNTY OF ~ ~
.B)EF~REf~ME, the undersigned authority, on this day personally
k. jj. Y-..,.4 'v.¢._ ~ , known to me to be the person whose name is
subscribed~to the foregbing instrumen, gLt .and acknowledged to me that he executed the
same as the act and deed of \~J ~'~4. C7~ r... Q.q, , as the
~-~-x.~_ i r~- Fo-- ~ ,'J¢ thereof, and for the purposes and consideration therein
expressed a~nd in the capacity therein stated, and that he was authorized to do so.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this
J~2--¢'tO ~"~ C,-r% & , A.D. 2000.
day of
Notary Public in and for the State of Texgas
EXHIBIT
CONSTRUCTION LIMITATIONS
ON
TXU ELECTRIC COMPANY RIGHT-OF-WAY
Blasting shall not be permitted on the right-of-way or under TXU Electric lines.
Grading will be done in order to leave the right-of-way in as near as possible to its
present condition. Spoil dirt will be removed from the right-of-way and no trash is
to be left on the right-of-way. Slopes shall be graded so that trucks can go down
and right-of-way when required and such that slopes can be mechanically
maintained.
Grading alignments and elevations are based on drawings submitted to TXU
Electric. Any change in alignment or elevation will be resubmitted for approval
which will not unreasonably be withheld,
Equipment shall not exceed 1 5 feet in height when operated under the electric
lines,
Draglines will not be used under the electric lines or on the right-of-way.
No grading shall be done within 15 feet of any tower.
Right-of-way will be protected from washing and erosion during User's construction
and during periods of repair.
No obstruction will be installed in the right-of-way that would interfere with access
to TXU Electric structures or prevent mechanical maintenance of TXU Electric right-
of-way.
Equipment and materials will not be stored on the right-of-way during construction
without the written approval of the Supervisor of Fort Worth Region Transmission.
Before any work is done under TXU Electric lines or by TXU Electric structures,
User shall notify the Supervisor of Fort Worth Region Transmission as noted in the
Encroachment on Easement,
For Exhibit
Exhibit File
Apperture Card
Instrument #_~_ ~ ~.~z
D200054248
TXU BUSINESS SERVICES
PO BOX 139083
1100
DALLAS TX 75313 9083
N G-THIS IS
PART OF THE OFFICIAL RECORD--D O N O T
DESTROY
I N D E X E D -- T A R RAN T C O U N T Y T E X A S
S U Z A N N E H E N D E R S O N -- COUNTY CLERK
OFFICIAL RECEIPT
T O: TXU
RECEIPT NO
200162703
REGISTER RECD-B¥ PRINTED DATE TIME
DR2A LW 03/15/2000 14:20
INSTRUMENT FEECD INDEXED TIME
1 D200054248 WD 20000315 14:20
CK 11157*
T O T A L : DOCUMENTS: 01 F E E S: 49.00
BY:
ANY PROVISION WHICH RESTRICTS THE SALE RENTAL OR USE
OF THE DESCRIBED R~AL PROPERTY BECAUSE OF COLOR OR RACE
IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW.
For Exhibit
See Exhibit File
Apperture Card
For Exhibit
See Exhibit File
Apperture Card
Instrument #
For Exhibit
See Exhibit File
Apperture Card
Instrument #
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