CM-2022-183 - 8/12/2022ELECTRONICALLY RECORDED 2022099291
Williamson County, Texas Total Pages: 11
MITTO 811— R011ADROOK AE — ROUNDROCK 138KV LINE (UO1 1&)
E-14355, E-143C
2022-4232M
WHEREAS, the City of Round Rock, ("User"), desires permission to construct, operate and
maintain a new sifewalk anI an eight iAch-f?") waterline ("Encriaching Facilitf) within the area
or boundaries of the Easement ("Easement
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:
Location of Encroaching Facility. User may locate the Encroaching Facility in the
Easement Area, but only as described and shown on the attached drawing marked Exhibits
Al-A3, 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. User acknowledges and agrees that Oncor holds easement
rights on the Easement Area; therefore, User shall obtain whatever rights and permission,
other than Oncors, that are necessary.
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�y 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 Users 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.
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4. Risk and Liability. 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, subconsultants, or any other person 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 Name of City 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 254-715-1167 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. 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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This agreement shall extend to and be binding upon User 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 dayof_ 2022.
Oncor Electric Delivery Company LLC
By: ................. . ......... ........
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
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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. 2022.
MANDY M. SMITH
Notary Public, Stale •of Texas
... . ............
Comm. Expires 08-02-2024 Adt` 1 N—d for —the State of Texas
Notary ID 124437083
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ACCEPTANCE:
City of Round Rock
By.- i
STATE OF TEXAS
COUNTY OF
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4 % UNDPD MY HAND AND SEAL OF OFFICE this day of A. D. 2022.
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After Recording, Return •To:
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Right of Way Services
Attn: Laura DeLaPaz
777 Main St, Suite 1311
Ft. Worth, Texas 76102
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2022099291 Page 5 of 11
RECORDERS MEMORANDUM
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OLD SETTLERS BLVD
1551 E OLD SETTLERS BLVD
ROUND ROCK, TX
PUBLIC WATER LINES
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LIMITATIONS ON
Oncor ELECTRIC DELIVERY COMPANY RIGHT OF WAY
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
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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,
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
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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 thf.-
right of way. Drainage facilitation will not be allowed to discharge into/onto Oncor right-of-
way.
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16. Before any work is done under Oncor lines or by Oncor structures notify the Regior.
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
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relating to the environment and environmental conditions including, without limitation, the
Resource Conservation and Recovery Act of 1976 ("RCRA"), 42 U.S.C. §6901 et seg., the
Comprehensive Environmental Response, Compensation and Liability Act of 1980,
("CERCLA"), 42 U.S.C. §§9601-9657, as amended by the Superfund Amendments and
Reauthorization Act of 1986 ("SARA"), the Hazardous Material Transportation Act, 49 U.S,C,
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Fldr Act, 42 U.S.C. §741 et sea., the Clean Water Act, 33 U.S.C. §7401 et M., the ToI
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.
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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 (110)
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
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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. Drainag:
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ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2022099291
Pages: 11 Fee: $74.00
08/23/2022 11.16 AM
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Nancy E. Rister, County Clerk
Williamson County,Texas