CM-10-05-107Taylor - Round Rock - Austin 138 kV line
E - 14371
2010 - 1665 - GWC
AGREEMENT TO CONSENT TO PUBLIC UTILITY ON EASEMENT
WHEREAS, Oncor Electric Delivery Company LLC ("Oncor"), is the owner of an easement in
Williamson County, Texas, which is recorded in Volume 233, Page 466, of the Deed Records of
Williamson County, Texas ("Easement"); and
WHEREAS, the City of Round Rock ("User"), desires permission to construct, operate and maintain
one twenty seven inch (27") wide Wastewater Line ("Wastewater Line") 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 Wastewater Line. User may locate the Wastewater Line 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 Wastewater Line 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 Wastewater Line. 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 Wastewater Line. 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 Wastewater Line. User, at User's sole expense, shall maintain and operate
the Wastewater Line. Oncor will not be responsible for any costs of construction, reconstruction,
operation, maintenance or removal of User's Wastewater Line.
OVA AO —Co 5 -107
4. Protective Barrier. During the construction and/or maintenance of Wastewater Line, User,
at User's sole expense, shall maintain and operate a suitable barrier for the protection of Oncor
structure 13/4.
5. 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
Wastewater Line 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.
6. 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, 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 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 Wastewater Line, 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.
7. 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.
8. Interference with easement rights. If at any time in the future, Oncor reasonably
determines the Wastewater Line interferes with Oncor's use or enjoyment of its easement rights,
Oncor shall notify User in writing that within 90 days the Wastewater Line must be relocated,
removed, or other safeguards or modifications must be undertaken to remedy the interference at
User's sole cost. If at the end of the 90 day period such requested actions have not been completed
, Oncor may seek to enforce its easement rights through any legally available means, including
injunctive relief. Oncor will not be responsible nor will compensation be paid for damages incurred by
such required removal or modifications, including, but not limited to, damages for loss of use of the
Wastewater Line or business interruption. If the Wastewater Line is removed, Oncor will not
unreasonably withhold consent for User to relocate the Wastewater Line within the Easement Area.
9. 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
(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 Wastewater
Line.
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 thisZ'day of ��`{ , 2010.
Oncor Electric Delivery Company LLC
By:
W. Bruce Dietz
Attorney -In -Fact
City of Round Rock
By:
Name:
Title:
STATE OF TEXAS
COUNTY OF WILLIAMSON
BEFORE ME, the undersigned authority, on this day personally appeared
I 1 Q , as the4 c -- of the City
of Round Rock, known to me to be the person whose Gtame is subscribed 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.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 2/5day of
, A. D. 2010.
MAlO
SARA L. WHITE
MY COMMISSION EXPIRES
July 11, 2012
STATE OF TEXAS
COUNTY OF TARRANT
Notary Public in and for the State of Texas
BEFORE ME, the undersigned authority, on this day personally appeared W. Bruce
Dietzman, 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.
EN U DER MY HAND AND SEAL OF OFFICE this
Z�PU
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JENNIFER MEEKER
=+.* .."s
Notary Public, State of Texas
My Commission Expires
"'gee December 05, 2010
A. D. 2010.
for the St Texas
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H k -PROPOSED 50' TEMPORARY CONSTRUCTION EASEMENT
;i r" -PROPOSED 30' WASTEWATER LINE EASEMENT
SEE DETAIL ON
SHEET 2
TP. & L. EASEMENT
VOLUME 233, PAGE 466 - - - -
FUTURE 100' RIGHT OF WAY FOR
COUNTY ROAD 110
UNE TABLE
LINE
LENGTH
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100.87'
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EXHIBIT A
N8928'3814/ BEARING BASIS
WEST (DOC No. 2005083810) DOC No. 2008000334
SHEET 1 OF 2
SIENA KYLE COMMERCIAL, LP
TRACT IV - 68.96 ACRES
DOC No. 2008000334
DATE: APR. 13, 2010 SCALE. 1" = 200'
RJ SURVEYING & ASSOCIATES, INC.
1212 E. BRAKER LANE, AUSTIN, TEXAS 78753
(512) 836-4793 FAX: (512) 836-4817
11:54;54 AM CDT
4/27/2010
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170 RIGHT OF WAY
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FUTURE COUNTY ROAD
PROP
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EMENT CONSTRUCT/ON EASEMENT
SEE CROSS SECTION BELOW
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16.3'
EXISTING
ONCOR TOWER
-13/4
EN TERLINE OF ELECTRIC LINE E
• CENTERLINE
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5.5'
FU TUR ONCOR
STRUCTURE
13/4
LIMI TS OF THE 42" BORE
EXHIBIT A
100' FOR ELECTR/C CO. & OPEN SPACE USE PER PREL/M/NARY PLAT
FUTURE ONCOR
STRUCTURE
13/4 rNATURAL GROUND ( 669.8
NO BORE PITS WITHIN THIS AREA .I
4-
SHEET 2 OF 2
L27" WASTE WATER LINE 649.76
DATE: APR. 27, 2010 SCALE: 1" = 20'
RJ SURVEYING & A SSOCIA TES, INC.
1212 E. BRAKER LANE, AUSTIN, TEXAS 78753
(512) 836- 4793 FAX: (512) 836-4817
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 Wastewater Line or any major reconstruction under Oncor
lines or by Oncor structures the City will notify the Region Transmission Department, (254) 770
3906. The City affirms that it use reasonable care when operating within Oncor's easement area.
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 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 WaterAct, 33 U.S.C. §7401
et seq., the Toxic Substances Control Act, 15 U.S.C. §§2601-2629, the Safe Drinking WaterAct,
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, 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.
21. During the construction and/or maintenance of Wastewater Line, User shall place, maintain and
operate a suitable protective barrier around Oncor structure 13/4.
May 26, 2010
Mr. Don Childs
309 East Main Street
Round Rock, Texas 78664 - 5246
JUN 01 20 10
IBY:
• • `7r? D!'�/
Re: Request 2010-01665-GWC, proposed agreement for the purpose of constructing, operating
and maintaining one 27" wide wastewater line across portions of Oncor's Taylor - Round Rock -
Austin 138 kV transmission line rights of way located in Williamson County, Texas.
Mr. Childs:
Attached, please find two (2) fully executed original consent agreement instruments pertaining to
the above referenced facility and location.
Subject agreement has been sent to Williamson County records for recording.
Construction activity should not commence on Oncor's "Easement Area" until:
✓ 48 hours notice has been given to the site specific Oncor Operations Office listed in the
above mentioned Agreement
Please feel free to contact me at 817 - 215 - 6488 should you have any questions.
Sincerely,
G.W. Colvin
Right of Way Agent
Oncor Electric Delivery Company LLC
Attn: GW Colvin
115 W. 7t1' Street, Ste. 505
Fort Worth, Texas 76102
ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY.
Item Caption:
Approval Date:
Department:
City Manager Approval Summary Sheet
Consider executing an Agreement to Consent to Public Utility on Easement with Oncor.
May 21, 2010
Legal
Project Manager: Don Childs
Item Summary: The City's proposed Siena WW Lines will cross an existing Oncor electric utility easement. Oncor
has requested that the City execute an agreement concerning the consent for the wastewater line
to cross the existing easement, and the parties respective rights for same.
Strategic Plan Relevance: Goal 28.0 Protect public health and protect the environment through proper waste
disposal
Cost: 0.00
Source of Funds: N/A
00192717.DOC
REV. 3/8/10
0511212009
Request for City Council/City Manager Action
0 City Council El 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: Don Childs
City Council or City Manager Approval Date:
Agenda Wording
For RIE ap E43 ONLY
Received.MAY 1 9 2010 !►I'`
Tag#: lllt-I0.05 107
Original Documents Received:
Project Name: Siena WW Lines D1, D2, & Da
ContractorNendor: Oncor Electric Delivery Company LLC
Funding Source:
Additional funding Source:
Amount:
Account Number:
21 -May -10
a
Consider executing an Agreement to Consent to Public Utility on Easement with Oncor Delivery Company, LLC.
Finance Information
Is Funding Required? Yes No Eril
Initial Construction Contract
Construction Contract Amendment # _
ED Change Order
1111 Change in Quantity Unforeseen Circumstances
EJ Initial Professional Services Agreement
Q Supplemental Professional Service Agreement
Purchasing/Service Agreement
Purchase Order
Item(s) to be purchased
Other (Please clearly identify action on lines below)
Agreement to Consent to City WW line crossing Oncor easement
Amount
0
Reauired for Submission of ALL Citv Council and City Manager Items
Project Mgr. Signature:
Dept. Director Signature:
*City Attorney Signature:
\Documents
City Manager ignature:
Date:
Date:
Date: 5-21—I fl
REVISED 05/19/2010
millin\Local Settings\TempBraryate oR v Int et F}te�9tj.1(3$2\05-21-10_LATE_Don_Legal_RFA - Agmt w-Oncor - Consent to PUE (00192716).XLS
*City Attomey signature is required for all items.