CM-2024-170 - 6/21/2024 Salado—Roundrock 138kV
E-156968
2024-5657RT
ENCROACHMENT ON EASEMENT
WHEREAS, Oncor Electric Delivery Company LLC ("Oncor"), is the owner of an easement in
Williamson County, Texas, which is recorded in Volume 545, Page 167, of the Deed Records of
Williamson County, Texas ("Easement"); and
WHEREAS, the City of Round Rock ("User"), desires permission to construct, operate and
maintain a twenty-four (24) inch diameter corrugated metal pipe with headwall and endwall
("Encroaching f=acility")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. User may locate the Encroaching Facility in the
Easement Area, but only as described and shown on the attached drawing 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. 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.
Encroachment on Easement Page t of 10
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 City of Round Rock 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)434-3336, 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.
Encroachment on Easement Page 2 of 10
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 r day of °- ` w` 2024.
APPROVAL:
Oncor Electric Delivery Company LLC
By.�-
Attorney-In-Fact
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE E, the undersigned authority, on this day personally appeared
` Vacs 2,, , 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. 2024.
�PGBp 1 III/
LAURA DELAPAZ r
=$:.. Notary Public,State of Texas
^9. +v Comm.Expires 12-30-2025 Notary Public in and for the State of Tex s
SOF O Notary ID 111295--
Encroachment on Easement Page 3 of 10
ACCEPTANCE:
City of Round Rock
Name'
Title: l
STATE OF TEXAS §
COUNTY OF §
FORE - ME the undersigned au ori y, o t is day personally appeared
[� ,as the of the City
of Round Rock, kni e t6 be the person wh se name is sub cribed 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,
IVEN UNDER MY HAND AND SEAL OF OFFICE this ZEE— day of
A. D. 2024.
MONIQUEAWS Notary Public in a or the State of Texas
:*= My Notary ID#128257843
...7 EVkw March 22.2026
After Recordin_!, Return To:
Oncor Electric Delivery Company LLC
Right of Way Services
Attn: Laura DeLaPaz
777 Main St, Suite 707
Ft. Worth, Texas 76102
Encroachment on Easement Page 4 of 10
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31 OF 46
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.
Encroachment on Easement Page 8 of 10
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, (254)434-3336.
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 9 of 10
§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 secl., 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 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.
Encroachment on Easement Page 10 of 10