CM-09-08-157DATE: August 5, 2009
SUBJECT: City Manager Approval —August 14, 2009
ITEM: Consider executing an Agreement to Consent to Public Roadway on Easement
with Oncor Electric Delivery Company LLC for the Chisholm Trail Project.
Department:
Staff Person:
Legal
Matt Lueckenhoff/Steve Sheets
Justification: This public roadway on easement is necessary for the improvement to the
Chisholm Trail Project.
Funding:
Cost: $0.00
Source of funds: Round Rock Transportation Development Corp. Construction
Outside Resources:
Background Information:
Public Comment:
UPDATED APRIL 2008
0:\wdox\SCC1ntS\91199\0000\MISC\00167954.DOC
05/12/2009
Request for City Council/City Manager Action
0 City Council City Manager
Submit completed form for all City Manager and City Council approvals.
Department Name: Legal
Contact Person: Don Childs / Lisa Dworaczyk / Rose McMillin
Project Mgr/Resource:
Project Coordinator:
Assigned Attorney: Matt Lueckenhoff
City Council or City Manager Approval Date:
Agenda Wording
For Aptietrepq�l.�erpNLY
y i
Received: AUG 1 2 2009
Tag #: 6,111,01 IN' 157
Original Documents Received:
Project Name: Chisholm Trail - General
ContractorNendor: Oncor Electric Delivery Company LLC
Funding Source: RR Trans Dev Corp Construction
Additional funding Source:
Amount:
Account Number:
08/14/2009
0
Consider executing an Agreement to Consent to Public Roadway on Easement with Oncor Electric Delivery Company LLC for the Chisholm Trail Project
Finance Information
Is Funding Required?
Initial Construction Contract
Construction Contract Amendment
Change Order
Ljchange in Quantity
Initial Profes Tonal Services Agreement
Supplemental Professional Service Agreement
Purchasing/Service Agreement
Purchase Order
Item(s) to be purchased
Yes 0 No
# _
EIUrIforeseen Circumstances
Other (Please clearly identify action on lines below)
Agreement
Amount
0
Required for Submission of ALL City Council and City Manager Items
Project Mgr. Signature:
Dept. Director Sign
'City Attorney Signatur
City Manager Signature:
Date:
Date:
Date:
C. o nd SettingsVmcmillin\Local Setting
REVISED 08/12/2009
\OLK352\08-14-09_Rose_Legal_Agmt to Consent PRE w-Oncor (00167934).XLS
*City Attorney signature is required for all it
LEGAL DEPARTMENT APPROVAL FOR CITY COUNCIL/CITY MANAGER ACTION
Required for Submission of ALL City Council and City Manager Items
Department Name: Legal
Project Mgr/Resource: Bill Stablein
Council Action:
ORDINANCE
Agenda Wording
Project Name: Chisholm Trail Project
ContractorNendor: Oncor Electric Delivery Company LLC
RESOLUTION
City Manager Approval
CMA Wording
Consider executing an Agreement to Consent to Public Roadway on Easement with Oncor Electric Delivery Company LLC for
the Chisholm Trail Project.
Attorney Approval
Attorney
Notes/Comments
Date
O:\wdox\S CCInts\91199\0000\M I SC\00167957.XLS
Updated 6/3/08
RECORDED
DOCUMENT
FOLLOWS
II
Taylor — Round Rock — Austin 138 kV line
E-14354, E-227024, E-114678, E-16560
2008-00868-GWC
ilii
11111
11
IIIIII
1111 11111111
I
III AGR
10 PGS
AGREEMENT TO CONSENT TO PUBLIC ROADWAY ON EASEMENT
2009070874
WHEREAS, Oncor Electric Delivery Company LLC ("Oncor"), is the owner of easements in
Williamson County, Texas, which are recorded in Volume 233, Page 446, Volume 239, Page 66,
Volume 427, Page 603, Volume 1871, Page 334 of the Deed Records of Williamson County, Texas
("Easements"); and
WHEREAS, the City of Round Rock ("User"), desires permission to construct, operate and
maintain a new roadway as well as a widening of an existing roadway ("Roadway") within the area
or boundaries of the Easements ("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 Roadway. User may locate the Roadway in the Easement Area, but only as
described and shown on the attached drawing marked Exhibit "A" and incorporated herein. User
may not relocate the Roadway 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 and repair the Roadway. 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 Roadway. 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, if applicable), 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 Roadway. User, at User's sole expense, shall maintain and operate the
Roadway. Oncor will not be responsible for any costs of construction, reconstruction, operation,
maintenance or removal of User's Roadway.
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
0199.0000/167029/m1
the Easement Area. It is further agreed that Oncor shall not be liable for any damage to the
Roadway 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 or
subcontractors or the actions or omissions of any other person entering onto the Easement Area or
may arise out of or be occasioned by the use of the Roadway, 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 7 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 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 power lines situated on the aforesaid property. User must notify the Temple
Transmission Office at (254)770-3906 48 hours prior to the beginning of any work on the
Easement Area.
7. Removal by Oncor. If at any time in the future, the Roadway, interferes with Oncor's use or
enjoyment of its easement rights, Oncor shall notify User in writing that within 90 days the Roadway
must be removed at User's sole cost. If at the end of the 90 day period the Roadway has not been
removed, Oncor may remove it, at User's expense. Oncor will not be responsible nor will
compensation be paid for damages incurred by such removal, including, but not limited to, damages
for loss of use of the Roadway or business interruption. However, in an emergency, Oncor shall
have the right to immediately remove the Roadway. If the Roadway is removed, Oncor will not
unreasonably withhold consent for User to relocate the Roadway within the Easement Area.
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
ten (10) 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 Roadway.
2
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 day of t , 2009.
Oncor Electric Delivery Company LLC
By:
Thomas F. Newsom
Attorney -In -Fact
City of Round Rock, Texas
By:
Printed
Title:
Date Signed:
Attest:
By:
Sara L. White, City Secretary
For City,
By:
3
P
roved as to orm:
Steph
n L. Sheets, City Attorney
STATE OF TEXAS
COUNTY OF WILLIAMSON
BEFORE ME, the undersigned authority, • on this day personally appeared
3 M-eS 12..a4SL pa • , as the tatty Mosul t.v-- of the
City of Round Rock, known to me to be the person whose name is sithscribed 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 I 4411 day of
. k Si" , A. D. 2009.
Y if i
MONIQUE G. ADAMS
MY COMMISSION EXPIRES
September 18, 2011
STATE OF TEXAS
COUNTY OF TARRANT
kf\i(tfC Ut, 4A1A-V
Notary Public and foJthe State of Texas
BEFORE ME, the undersigned authority, on this day personally appeared Thomas F.
Newsom, as the 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.
O'UN\
VEN FINDER MY HAND AND SEAL OF OFFICE this
.�) �� _ , A. D. 2009.
JENNIFER MEEKER
Notary Public. State of Texas
My Commission Expires
December 05, 2010
day of
d for the S of Texas
4
P:\8350602\4lv49441,9 ii\ONCOREXHO1. dgn
7/29/2009 4:55:40 PIA
EXHIBIT "A"
1 or
c_
V
om
II
Sg
P:\8350602\Alv exhibit \ONCOPEX102. Aon
9/11/2009 5321:00 PN
PROPOSED
743. 18
>43.'.I
744.29
744.74
745.39
.e.. 60
746.29
. 71
746.88
747.18
747.38
7. 47!
747.56
747.91
746.48
71;1. 40
749. 18
749.88
750.58
751.26
751.63
751.66
752.16
752.38
33
752.58
R
EXISTING
VPI STA.
tL. •7533
r
31.Z
31IJO8d 'B
1.96. 50
VPC
743.5'
2.90.00
VPT
PI STA.
L. .747.
V- I STA. 3.-65. 00
E .746.81
4.40.00
V 5.50.00
6.00.00
78
V 6.50.00
VPC
8.50.
88-
To
VPT 9.50.
8
8
8
.21
I STA. 9.00.00
ELI. •751.96
152.68
P.U.E./SLOPE EASEMENT
EXIST. ROW
CHISHOLM TRAIL ROA
DRAINAGE EASEMENT
8
LIMITS OF TRANSMISSION EASEAENT
0)
8
8
8
P:\8350602\0Iv\exhibit\0NC0RATT01, 000
9/11/2009 5i I3+02 PY
EXIST ROW
0
N:+
� - 2 N
D = S
+00�
VI
cr) -
om
N
o mac
0—(
(0, r.
Jo`
Z
Z
0-4
CC
]3
0 1
40.13'LT(CPCL)
00'LT(CPCL)
00'LT(CPCL)
751.60
b
th
30 00'RT(CPCL)
37 00'RT(CPCL)
'RT(CPCL)
r -r OW
PROPERTY LEGAL DESCRIPTION
/9>Z
C -
�XI0
0000
xm
--I p
rD—
OMo
0m-
O
z
SNOII33S SSOJ3 NOIS30
Yd 141OHSIHO
0
m
N _ .+
-4 - Z N
D _
w (1 0
+oN
0 N -0
o n
• N 73
oLo �CI0
0
Z
EXIST ROW
G)Z
0
-I
C C
0 >
O r-
39 99'LT(CPCL)
00'LT(CPCL)
00'LT(CPCL)
o
0)
4,4
IN
0
O
745.39
30 •O'RT(CPCL)
00'RT(CPCL)
RT(CPCL)
EXIST 2XOW
N n x
cv
X00
0 0 00
Axm
�—�
K
0D—
O '9 N
Tlm IV
T. N
O
z
A
CONSTRUCTION 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. 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. The foregoing shall not prohibit
the overnight placement of equipment and materials on the right-of-way during construction.
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 that exceed eight (8) feet in height will be permitted on the right-
of-way.
8. Equipment shall not be placed within fifteen (15) feet of the power lines.
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 the initial construction of the Roadway or any major reconstruction under Oncor lines or
by Oncor structures the City will notify the Region Transmission Department, (254) 770 - 3906.
Normal repair and maintenance of the Roadway is excluded from this notification requirement.
The City affirms that it use the reasonable care when operating within Oncor's easement area.
16. 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. §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.
17. No hazardous materials will be stored on the right of way.
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, except as shown on Exhibit A
20. Landscaping on Oncor right-of-way is permitted when Oncor approves landscaping plans in
writing. Approval will not be unreasonably withheld. No lighting or sprinkler systems are allowed
on the right-of-way.
FILED AND RECORDED
OFFrCIAL PUBLIC RECORDS 2009070874
09/28/2009 01:20 PM
SURRATT $52.00
NANCY E. RISTER, COUNTY CLERK
WILLIAMSON COUNTY, TEXAS
SHEETS & CROSSFIELD
309 EAST MAIN ST
ROUND ROCK, TX 78664