SS9301-ES 921210 TU EI~EGTRTC
REAL ]~STATE & RI(tilT OF WAY
1511 i~¥AN STREET - iiOOH 410, UTC
DALLAS ~ TEXAS ?6256-0268
DATE ~
FAX{e:
FAX#: ¢214)
NUMBER OF PAGES SENT: -~ _ (INCLUDING THIS COVER PAGE)
rF YOU HAVE PROBLEMS RECE1V£NG OR TO CONFfRH MATERIAL SENT, PLEASE CALL
SHANNON GREEN AT (2141 954-5685 OR PENNY HUGHES AT (214) 954-5124.
ENCROACMMENT ON EASEMENT
(Date) '
RE:
(street)
(city, state, zip)
Dear Mr. (name):
(ENTER APPROPRIATE NAME} (hereinafter referred to as User) has
requested permission to construct
within the area or boundaries of Texas'UtJ~.tti~'~ Electric companyVs
( T U E 1 e c t r ~ c ) , s u c c e s s o r t o
easement recorded in
Volume ~, Page ._ , Deed Records of ...... county,
Texas.
TU Electric is agreeable to the construction of
, hereinafter referred to as the
"encroachi~g facility¥', ~f"the encroaching facility is located and
described as shown on the attached drawing, marked Exhibit "A" and
incorporated herein, and subject to the fo/lowing 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, ~.ndemnify and hold harmless TU Electric,
its em~loye~s and agents from and against any and all claim~,
expenses, (including attorney fees)~ damages, losses and
9udgments whether for bodily injury or damage to property
whether or not arising from the sole o~ concurrent negligence
or fault of TU Electric or its employees, arising out of or
incident to the presence, construction, operation and
maintenance o~ 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.- ~.n no event shall, any equipment be within
fifteen feet of the TU Electric power lines situated on the
aforesaid property User must notify
"4~-hours p~lor tO th"
use of anY-"~oom.--type equipment on the TU Electric easement.
4. The encroaching facility does not cu~'rently interfere with TU
Electric's usage~ but if in the future the encroaching
facility, in the sole judgment of TU Electric, does interfere
with the use or enjoyment of its easement rights, TU Electric
,> , .-~ shall have the right, to remove said encroaching facility. TU
'--i[~.....~_,- Electric shall notify User in writing that within 90 days, the
encroaching facility must be removed at User's sole cost. If
at the end of the 90 day period the encroaching facility has
not been removed, TU Electric shall remove it at User's
expense. TU Electric will not be responsible n~r will
com~)ensation be paid for damages incurred by such removal.
However, in an emergency, TU Electric shall have the right to
l~mediately remove the encroaching facility. If the
encroac~in~ facility is removed, TU Electric will not
unreasonably withhold consent for User to relocate the
encroaching facility within the easement.
5. It is expressly under, stood and agreed hhat if the property has
transmission or distribution facilit~es located thereon, User
shall not place upon the premises, any improvements including
but not limited to. buildtngs~ light standards, fences,
shrubs, trees cz signs unless approved in writing by TU
Electric.
6. It is agreed that no trash dumpsters, toxic substances or
flammable material will be allowed (~n the easement.
7. TU Electric will not be r~spons~ble/ for any costs of
construction, operation and maintenanc~oX User's encroaching
facility It is further agreed that ~U Electric shall not be
· /
liable for any damage to the encroaching facility herein
agreed to as a result of TU Electr/c'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 o~ an invoice from TU Electric.
8. User will construct, iat User's expense, barrfcades around
(,~ter ~tructure desc~.'pt[on and ldentlty as ~ce~arX~ such
barrica~s to b~' ~-~ "~E0n '6n the a?awth~ marked Exhibit
attached hereto and by reference made a part hereof. User
shall install said barricades before any other construction
work is begun and before using the premises for hte purposes
~et forth above.
9. General construction limitations on encroachments are
described and listed in Exhibit "C" attached hereto and by
reference made a part hereof.
10. It is understood and agreed that, i.n case of default by User
or its agents An any of the terms and conditions herein stated
and such default continues for a per~od 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
terminat~on all of User's rights h~reunder shall cease and
come to an end. This agreement shall also terminate upon the
abandonment of the encroaching facility.
If the foregoing terms and cond£tlons are acceptable to (us~r),
please have the original and a copy of this letter agreement signed
and returned to me at (m~%~s) within 30 days for final approval
by TU Electric. This letter agreement shall be effective only
after final approval by TU Electric.
Yours very truly,
n~me
title
ACCEPTED: APPROVED:
Entity (if ~lic~lgJ TU ELECTRIC
By ....................................... By .......
Title (if a~nl~c~!e) _ Title ....
Date Date
CO~T~CTION LIMITATION
ON
TU ELECTRIC COMPANY RIGHT-OF-WAY
Blasting is not to be permitted on the right-of-way or under our
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 ].eft 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 De 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,
Dragllnes 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 centerllne of
the structure. Shoring will be sufficient to withstand the added
load of the structure and its footing. Shoring shall no% be left
open for extended periods of time, except when pipe or underground
facilities are installed, shoring shall be removed and properly
backfllled 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 [i. ght-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.
D202148.XXX