CM-08-05-119DATE: May 5, 2008
SUBJECT: City Manager - May 9, 2008
ITEM: Consider a resolution authorizing the City Manager to execute an
Encroachment on Easement Agreement with Oncor Electric
Delivery Company LLC for the OSPV Sports Complex
Improvements Project.
Department: Parks and Recreation Department
Staff Person: Rick Atkins
David Buzzell, RLA, ASLA
Justification: Portions of the OSPV Sports Complex Project encroach on
a 100' easement that Oncor owns for their Taylor/Round
Rock Transmission Lines. Many of the facilities
encroaching on the easement are existing facilities that
were never identified in an encroachment agreement. This
agreement will allow the City to legally have these existing
improvements, in addition to the proposed improvements,
encroaching on the 100' easement.
Funding: $18,200,000.00
Cost: $0.00
Source of funds: 2007 C.O. Bonds & 2008 General Self
Finance Construction
Outside Resources: Oncor Electric Delivery Company LLC
Background Information: The Project: Sports Capital of Texas Plan was
developed in 2004 to plan for the necessary
upgrades to our existing sports complexes, at
Old Settlers Park at Palm Valley, to make them
top notch recreational and tourism facilities.
Public Comment:
Numerous meetings and presentations with the
Round Rock Athletic Commission and Youth Sports
Associations.
Updated 3-10-05
ENCROACHMENT ON EASEMENT
Taylor/Round Rock 138 KV line
E-14352, E-14381
2008 -00588 -GC
WHEREAS, Oncor Electric Delivery Company LLC ("Oncor), is the owner of easements in
Williamson County, Texas, which are recorded in Volume 233, Page 444 and Volume 234, Page
133, of the Deed Records of Williamson County, Texas ("Easement'); and
WHEREAS, the City of Round Rock, ("Owner"), desires permission to construct, operate and
maintain a Sports Complex ("Encroaching Facility") within the area or boundaries of the Easement
("Easement Area") shown on the attached drawings marked Exhibit "A" and incorporated herein.
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 drawings 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), 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.
ENCROACHMENT ON EASEMENT
Paye 1
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.
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 Oncors'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. Owner, 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, Toss, 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 Owner, 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 Owner, responsibility and indemnity, if any, shall
be apportioned comparatively.
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
feet of the Oncor power lines situated on the aforesaid property. Owner must obtain Oncor's
approval and notify the Temple Transmission Office CO (254) 770-3903, 48 hours prior to the use
of any boom -type equipment on the Easement Area.
7. 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.
8. Protective Barrier. Owner, at its sole expense, shall install, operate and maintain a curbed
barrier around all transmission structures as depicted on Exhibit "A & B", attached hereto and by
reference made a part hereof.
ENCROACHMENT ON EASEMENT
Page 2
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 PI day of V l ( , 2008.
APPROVAL:
Oncor Electric Delivery Company LLC
By:
Thomas F. Newsom
Attorney -In -Fact
ACCEPTANCE:
City of Round Rock
ENCROACHMENT ON EASEMENT
Paga 3
STATE OF TEXAS
COUNTY OF WILLIAMSON
BEFORE MEm the undersigned authority, on this day personally
appeared J A�te,S • the undersigned
, as r r y M A Ni AG Efe_ of the City of Round Rock,
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 as the act and deed of the City of Round Rock,
and for the purposes and consideration therein expressed and in the capacity therein stated, and
that he/she was authorized to do so.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this
DIANE BUCK
Notary Public, State of Texas
My Commis rt Expires
APRIL 25, 2010
STATE OF TEXAS
COUNTY OF TARRANT
, A.D.2008.
day of
Notary in and for the State of Texas
BEFORE ME, the undersigned authority, on this day personally appeared Thomas F.
Newsom, 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 as the act and deed of Oncor Electric Delivery Company LLC, and for the
purposes and consideration therein expressed and in the capacity therein stated, and that he was
authorized to do so.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
A.D.2008.
Notary Public in and for the State of Texas
ENCROACHMENT ON EASEMENT
Page 4
CONSTRUCTION LIMITATIONS
ON ONCOR ELECTRIC DELIVERY COMPANY LLC 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. 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.
5. Equipment and materials will not be stored on the right-of-way during construction without
written approval of the Supervisor of Regional Transmission.
6. Street or road crossings are to be based on drawings submitted. Any change in alignment or
elevation will be resubmitted for approval.
7. No signs, lights or guard lights will be permitted on the right-of-way.
8. Equipment shall not be placed within fifteen (15) feet of the power lines.
ENCROACHMENT ON EASEMENT
Page 5
9. 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.
10. No dumpsters will be allowed on Oncor right-of-way or fee owned property.
11. Draglines will not be used under the line or on Oncor right-of-way.
12. The existing grade shall not be disturbed, excavated or filled within 25 feet of the nearest edge
of any tower.
13. 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.
14. No obstruction shall be installed on the right-of-way that would interfere with access to Oncor
structures or prevent mechanical maintenance.
15. Before any work is done under Oncor lines or by Oncor structures notify the Temple
Transmission Office @ (254) 770-3903 48 hours in advance.
16. No hazardous materials will be stored on the right of way.
17. 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 etse�. 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
ENCROACHMENT ON EASEMENT
Pass 6
("SARA"), the Hazardous Material Transportation Act, 49 U.S.C. §6901 et sem., the Federal
Water Pollution Control Act, 33 U.S.C. §1251, et sem., the Clean Air Act, 42 U.S.C. §741 et sem.,
the Clean Water Act, 33 U.S.C. §7401 et m., 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.
18. Brush and cut timber will not be piled or stacked on Oncor right-of-way or will not be burned
upon or in close proximity to the conductors or towers.
19. No structures or obstructions, such as buildings, garages, barns, sheds, guard houses, etc., will
be permitted on the right-of-way.
20. 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.
21. Curbed barriers are to be installed and maintained around all transmission structures in the
encroachment area as depicted on Exhibit "A".
ENCROACHMENT ON EASEMENT
Paye 7
i.
•0N ;aa4S
ZSLb
"oN go(
549C649.1L9 xeJ 912£64949 9009L sexal 'uol&uW 00Z arS hsaM awd alewdhoD L9LL
dH
:i(q uMeJa
SO/Sl/Z
:a;ea
SVX31 51DO21 aNf1O21'
S1N3W3AO21d1Al1 X31dWOD S11IOdS
)121Vd 52131113S a10
8uwe/d , Eura ugu3 • ainpaptpiy adexpuej
cul 'saleoosW Pue RIPS la qa$
-' Mr&'
Z 133HS 335 3NI1HO1tlW
Z 13314S 335 3NI1H31VA
ZSL17
:TN qof
St9L'6497.1.9 =ei 912£64971.9 9009L sexal '11012411Y 001 al! S hsaM a pa aleiod,Oo l9ll
dH
:Aq umela
80/91./Z
DN laa11S
:aaea
SVX31 NDO21 ONf1O?I
S1N3W3AO JdWI X31dWOD S121OdS
)111bd 52131113S C110
8uu eid . 841.WRI J Ll4) • ampaww adexPuel
oui `salepossy pue sups `Iap4pS
fir\ 1'V
MIN
COUNTY ROAD 122
AMINO
Ibili§511211111151
1
_-- =-r- _/__--,-, 11x1
"1 I—��-J --..."/
�i �) J ,� / J`ltl
y ....
} Ph i l \ J / 1 to
I /sig. 1 1 / / / / / / / 111
ailkiVai. IA
Rom 4131 ! • / ( I i •I
1 /I J/ 11 I J } / *, / 11 \ 1rt1 I
/ / /\ \ ii 1
I r / to 1 /J Y J t\ �'N 1 1 J,z
�► \ \
\ l
1) {o \c• I i' }j
33 i /\ \. 1
11111 r
, \ , ,c, ,_,E,, 8 d i
1 J
1
1 /} 1 \/ \ lili}ll �.
! 1 l�fi1111
-,,
(' ( ,00 -o- ( { I 1
i 11 11 _ ! ! 1 ) 7 \� I lid}I"I
\ � ` `-1A T I I 1 I // \ /J I III Fl
\\ \ 1 I I 1 I ! I 1 !1 I III IL
\ 1 1 1 ./ 1 1 1 J� J\ (I111j11 /
1 I 1 J 1 ! r -- / / / �/n I\
1 , ,,s, ‘' y \j (0 / 0 0l:l\
O 1 /* • ) r i ▪ to k-:"...° •t o •'•'-.. o j•
-'
-' i1 \ i
cUvp' \
N.
\ / \y�
1 • P 1
''�
t\
LLJ
7O0 0-0
o ( . ,
O /
O 1 •( ;
1 •
•
/•' /�
\ 1 .
r )
0 )
o0•
C0 • —
0 1
0
O \/
=1-
1�
1
rivittgy
•
0
t
1
0
/
I
/
rr.
\
1
/
1�
•
•
P
,-„
}
\
•
N
i
/ J/ • \\
N J/ / / /
�
/ i;
CJ
O c) --/J/ //� �
1 /
1 / ,j/r N_._
j
.-r
1♦ \
n
/
n
�` 1 1 1
1 133HS 335 3NI1H01VW
1~
o
133H5 335 3NI1HD1VW
O
O
= O
o
0 N
Z
0
0
O
GRAPHIC SCALE IN FEET
ZSLV
"oN go(
S49C6497L9 xeJ 9LZ£645LL9 9009L sexal 5,ol8upy ON alms hsaM awp ale10110J L91L
dH
../(q umma
s0/RL/Z
'oN laa1S
:aaea
SYX31 5I3011 QNf1O21
S1N]W3A021dWI X31dWOD S12IOdS
)IWd SII]1113S 010
Euure/d • 8uuaNdu3 imp . a:wawa*' adeospun
3U1 'saaeaossy PuP sL!Ilob `P)P PS
M►\ 1'17
MIN 110
V 133H5 335 3NI1HD1VW
\ 1 \•
\ \ 1
I1
133H5 33S 3NI1HD1VNI j• !
No\ 1`
ry
k3
hip;
sg
4
Z
W
0
J
V 1
0
0
/ J
/ /
/ / / /
/
/ ./
/ / /
/ o Oj
o._
/ '' •/ .— `a
.r
/ • /
...• e" / — �'
/ .../ / i
▪ / ..• „.• / i
✓ r .-^
..- .- ..-
.r ,i r
,--
- rte,/ /
`. r
12
I0
UN
Oce
oCC Q
jotoU
oo§
oWoo
}} J
U�
U 0
12
-G
O
O
O
O
N
O
O
O
W
LL
z
GRAPHIC SCALE
ZSLV
"oN qof
Sb9t649'Ll9 xej 91ZC6497.L9 9009L se:al'uoa&!W 00Z a]mS 1S M amp a7eJothOD 1911
dH
:,(q uMeia
90/SL/Z
'oN laa 1S
:area
SVX31 5DO11 aNf1O21
S1N3W3AO11d1AlI X31dWOD S1lOdS
)IWd S2131113S a10
&Weld . 8ura a&G MO • anPamp y aderspuel
auk 'saleaossy Pu w4Wb `Iai9S
MIAMI WWII
MIN MI
COUNTY ROAD 122
t•
7 — m 63 -CY- U O' -O-0
O'
PROPOSED
.\
1 133HS 335 3NI1HD1VV1
= O
ce 0
0 cV
Z
h\•frj
L. 0
cc
7.1;x \ 0
1 133HS 33S 3NI1HDIVW
GRAPHIC SCALE IN FEET
ZSLV
"oN go(
Sb9C649'LL9 J 912£649'LL9 9009L sexel 'uoAu!IN OOZ al!nS ';saM an4Q aleiodioD L9LL
dH
:Aq umelp
90/9L/Z
•oN laa4S
:a1Pa
SVX31 50O21 aNno
S1N3W3AO?1dWI X31dWOD SJ. JOBS
)121dd S1131113S 010
8uwe/d • E flaaidq 1140 • aaPay, yay sPoe7
-3u1 `salepossy Pi SUIlob `Ia)p n pS
X1101 WA=
NI1N
9 133HS 33S 3NI1H31eW
1
9 133HS 33S 3NI1H011/11
0
G
0
0
4
0
0
0
0
0
0
O
0
f
f
0
0
N
1
O
10
'N.
0 /
0
W
W
Li
GRAPHIC SCALE
•
9
oN laa4S
ZSIV
"oN qof
549L649'LL9 xeJ 912£649'LL9 9009L sexal'Uol9uNy OOZ alms hsaM a' O aleiodioj L9LL
dH
:(q uMEJQ
80/8L/Z
:al Pa
SVX31 `NDOI ONf1O2I
S1N3W3AO2IdWI X31dWOD S121OdS
)IW?d S2131113S a10
Suarrey • awaa i&q PIO • aau•pJy acirAPue7
'saleoossy Puy s91ob 'WRAPS
%IN NI
133H5 33S 3NI1H01VW
S 133HS 335 3NI16431VM1