CM-11-08-176ROUND ROCK, TEXAS
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Item Caption: Consider executing an Encroachment on Easement with Oncor Electric Delivery Company LLC regarding
Approval Date: August 26, 2011
Department Name: Parks and Recreation Department
Project Manager: David Buzzell
Assigned Attorney: J. Kay Gayle
Item Summary:
This item will execute an Encroachment on Easement agreement with Oncor for the park improvements happening in Somerset
Park. The majority of the park is contained within a 100' ROW for Oncor's overhead electric lines. The majority of the existing
park improvements are located directly under the overhead power lines. The proposed design for the park moves the majority
of the items out from underneath the overhead lines but are still located with Oncor's ROW/easement. Staff worked with
representatives from Oncor to locate the proposed amenities in areas that Oncor felt comfortable with them being located.
The Encroachment on Easement acknowledges that the City is working in an Oncor easement and that we have to follow set
guidelines while working in the easement.
No. of Originals Submitted: /f
Project Name: Somerset Park Development Project
Cost: $0.00
Source of Funds: Parks Improvement & Acquisition Fund
Source of Funds (if applicable): Select Source Fund
Account Number: pk04somst
Finance Director Approval: Cheryl elaney Date: 8/23/11
Department Director Approval:
CIP
Date: $(?t t
"Electronic signature by the Director acceptable. Please only submit ONE approval form per item.**
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N/A OK
Budget El Purchasing {] ❑ Accounting E]
N/A OK N/A OK N/A OK
ITEMS WILL NOT BE PLACED ON THE COUNCIL OR CM AGENDA W/OUT PRIOR FINANCE AND/OR LEGAL APPROVAL
REV. 6/20/11
Hutto SW — Round Rock 138kv
E —176703
2011-2057 CS
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 653, Page 213, of the Deed Records of
Williamson County, Texas ("Easement"); and
WHEREAS, City of Round Rock ("Owner"), desires permission to construct, operate and maintain
hike & bike trail, covered pavilion, playground equipment and basketball court ("Encroaching
Facility") 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
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 drawing 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 not be unreasonably
withheld. 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, 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 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.
ENCROACHMENT ON EASEMENT Page 1
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 Oncor'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. To the extent allowed by law, Owner 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, including claims based on strict liability, arising out of or in
connection with Owner's actions or omissions or the actions or omissions of its officers, agents,
associates, employees, contractors or subcontractors or the actions or omissions of any other
person entering onto the Easement Area or the Encroaching Facility, when such actions or
omissions relate to Owner's use of the Easement Area.
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
(15) feet of the Oncor power lines situated on the aforesaid property. Owner must notify the Temple
Transmission Office at 254-770-3903 or 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 Encroaching Facility shall unreasonably
interfere with Oncor's use or enjoyment of its easement rights, Oncor shall have the right to remove
said Encroaching Facility. Oncor shall notify Owner in writing that within 90 days the Encroaching
Facility must be removed at Owner's sole cost. If at the end of the 90 day period the Encroaching
Facility has not been removed, Oncor may remove it, at Owner'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 Encroaching Facility or business interruption. However, in
an emergency, Oncor shall have the right to immediately remove the Encroaching Facility. If the
Encroaching Facility is removed, Oncor will not unreasonably withhold consent for Owner to relocate
the Encroaching Facility within the Easement Area.
8. 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
thirty (30) 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.
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 day of , 2011.
Oncor Electric Delivery Company LLC
By:
Jill L. Alvarez
Attorney -In -Fact
City of Round Rock
ENCROACHMENT ON EASEMENT
Page 3
STATE OF TEXAS
COUNTY OF WILLIAMSON
BEFORE ME, the undersigned authority, on this day personally appeared S e,Ve. 1.torWOCIA
as the MA t VIER for 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 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 26141 day of
, A.D.2011.
itftfs SARA L. WHITE
i MY COMMISSION EXPIRES
„WA Jey 11, 2012
STATE OF TEXAS
COUNTY OF TARRANT
ca2441/1, &Ws
Notary Public in and for the State of Texas
BEFORE ME, the undersigned authority, on this day personally appeared Jill L. Alvarez,
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 she 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 she was authorized to
do so.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
, A.D.2011.
Notary Public in and for the State of Texas
ENCROACHMENT ON EASEMENT
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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.
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.
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.
ENCROACHMENT ON EASEMENT Page S
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 Region
Transmission Department, 254-770-3903 or 254-770-3906.
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 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. §6901 et seg., the Federal
Water Pollution Control Act, 33 U.S.C. §1251, et sea., the Clean Air Act, 42 U.S.C. §741 et seq.,
the Clean Water Act, 33 U.S.C. §7401 et sea., 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.
ENCROACHMENT ON EASEMENT Page 6
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.
ENCROACHMENT ON EASEMENT
Page 7