SS9301-ES 930223 ENCROACHMENT ON EASEMENT
December 28, 1992
RE: Liggett-Collin (Liggett-Payne)
T.D. 30507
N.W. Carrollton-Hackberry
T.D. 41403
Mr. Kenneth M. Griffin
% City of Coppell
P.O. Box 478
Coppell, Texas 75019
Dear Mr. Griffin:
The City of Coppell (hereinafter referred to as User) has requested permission to construct a
sanitary sewer main within the area or boundaries of Texas Utilities Electric Company's (TU Electric),
successor to Texas Power and Light Company, easements recorded in Volume 3887, Page 110; Volume
657, Page 0114; and Volume 85077, Page 3300, Deed Records of Dallas County, Texas.
TU Electric is agreeable to the construction of a sanitary sewer main, hereinafter referred to as the
"encroaching facility", if the encroaching facility is located and described as shown on the attached
drawing, marked Exhibit "A" and incorporated herein, and subject to the following terms and conditions:
1. It is understood and agreed that TU Electric holds easement rights on the property involved;
therefore, User will be required to obtain whatever rights and permission, other than TU Electric's,
that are necessary. This letter agreement shall extend to and be binding upon User and its heirs,
successors, and assigns, and is not to be interpreted as a waiver of any rights held by TU Electric
under its easement.
2. User shall defend, indemnify and hold harmless TU Electric, its employees and agents from and
against any and all claims, expenses, (including attorney fees), damages, losses and judgments
whether for bodily injury or damage to property whether or not arising from the sole or concurrent
negligence or fault of TU Electric or its employees, arising out of or incident to the presence,
construction, operation and maintenance of the encroaching facility.
3. Use of draglines or other boom-type equipment in connection with any work to be performed on
the TU Electric easement by User, its employees, agents, representatives or contractors 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 TU Electric power lines
situated on the aforesaid property. User must notify Dallas Region Transmission Operations 48
hours prior to the use of any boom-type equipment on the TU Electric easement.
4. It is expressly understood and agreed that if the property has transmission or distribution facilities
located thereon, User shall not place upon the premises, any improvements including but not
limited to, buildings, light standards, fences, shrubs, trees or signs unless approved in writing by
TU Electric.
5. It is agreed that no trash dumpsters, toxic substances or flammable material will be allowed on
the easement.
6. TU Electric will not be responsible for any costs of construction, operation and maintenance of
User's encroaching facility. It is further agreed that TU Electric shall not be liable for any damage
to the encroaching facility herein agreed to as a result of TU Electric's use pursuant to its
easement. Any TU Electric property damaged or destroyed by User or its agents shall be repaired
or replaced by TU Electric at User's expense and payment is due upon User's receipt of an invoice
from TU Electric.
7. General construction limitations on encroachments are described and listed in Exhibit "B" attached
hereto and by reference made a part hereof.
8. 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 TU Electric
notifies User of such default, TU Electric 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.
If the foregoing terms and conditions are acceptable to the City of Coppell, please have both copies of
this letter agreement signed and returned to me at 400 N. Olive Street, Suite 1906, Dallas, Texas 75201
within 30 days for final approval by TU Electric. This letter agreement shall be effective only after final
approval by TU Electric.
Sincerely,
Baty Houston
Property Representative
ACCEPTED: APPROVED:
THE CITY OF COPPELL TU ELECTRIC
,?
B.N. Norris
Mayortof the City of Coppell Manager-Real Estate & Right of Way
, /
THE STATE OF TEXAS §
COUNTY OF DALLAS §
BEFORE ME, the undersigned authority, on this day personally appeared B.N. Norris, Manager-
Real Estate & Right of Way of Texas Utilities Electric Company, 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, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the3/ day of ~°c¢i~J>~r A.D. 19~_,~,
f"~'" ',~. ' ":.,- \STEYEN R HIGGINBO'/'HAM ~
["i~'.:f !') ~UM.M.,S$,ON EXPIRES ~ Notary Public in and for (hb'~late of Texas
(Print Name of Notary Public Here)
My,~ommission Expires:
STATE OF TEXAS
COUNTY OF DALLAS
BEFORE~..~,._~.th.e undersigned authority, on this day personally appeared Bo', Ii ~o.,,~ CL .
,~~,~, Mayor['~i the""Oity of Coppell, known to me to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that he executed the same for the purposes and
consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the~' -day of ~',7~,.~-~. A.D. 19~.-~
i. ' ~.'~': .' i~ c~,uu~sslO~ EXP~.$.",.,,:b 'Notary P~lic i~ for the State of Texas
',~;"'~'~;~4""::'" ~'1;:~'p9~ '
t" :'~ ' z -:-~ ........ . "
(Print Name 6fNotary Public Here)
My Commission Expires:
D212020.BHH
F_-.X H i E5 I'T' "A'~
Licj~3¢t't-- Coi~ i r', 138kv
'1". b. 30567
E.-i075~
2..
EXHIBIT "B"
CONSTRUCTION LIMITATION
ON
TU ELECTRIC COMPANY RIGHT-OF-WAY
Blasting is not to be permitted on the right-of-way or under our lines.
Grading will be done in order to leave the right-of-way in 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 they can be
mechanically maintained.
Street or road crossings are based on drawings submitted. Any change in alignment or elevation will be
resubmitted for approval.
Equipment will not exceed 15 feet in height when operated under the line.
Draglines will not be used under the line or on TU Electric Right-of-Way.
Shoring will be required where excavation is within 10 feet of a structure and will extend 20 feet each side
of the centerline of the structure. Shoring will be sufficient to withstand the added load of the structure
and its footing. Shoring shall not be left open for extended periods of time, except when pipe or
underground facilities are installed, shoring shall be removed and properly backfilled as soon as practical.
Backfill will be thoroughly tamped. Water tamping will not be permitted within this area.
Right-of-way will be protected from washing and erosion by the method approved before crossing permits
are granted.
No obstruction shall be installed on the right-of-way that would interfere with access to TU Electric
structures or prevent mechanical maintenance.
Equipment and materials will not be stored on right-of-way during construction.
Before any work is done under TU Electric lines or by TU Electric structure notify the Supervisor of
Regional Transmission as noted in the document.
D212020.BHH