ST9902-CS110629
(8/29/2011) Keith Marvin - RE: ST 99-02 West Sandy Lake RoadPage 1
From:
<BWILLIA1@oncor.com>
To:
<kmarvin@coppelltx.gov>, <jcumbee1@oncor.com>
CC:
<kvonkoh1@oncor.com>, <mattkinsey@oncor.com>
Date:
6/29/2011 2:07 PM
Subject:
RE: ST 99-02 West Sandy Lake Road
Keith Marvin,
Jim Cumbee will send to you an electronic sample of the easement
document that Oncor will require for and in consideration of removing a
portion of the transmission line along the south side of Sandy Lake
Road. The estimated cost for removal of the line from Denton Tap to
Coppell Road South is $40,000. We look forward to working with the City
of Coppell on this issue.
Thanks,
Bryan Williams, P. E.
Consulting Engineer, TPM
Oncor Electric Delivery Company
115 W. 7th Street
Fort Worth, Texas 76102-7033
P. O. Box 970
Fort Worth, Texas 76101-0970
Tel.: 817.215.6285
Fax.: 817.215.6274
-----Original Message-----
From: Keith Marvin [mailto:kmarvin@coppelltx.gov]
Sent: Thursday, June 02, 2011 5:16 PM
To: Williams, Bryan
Cc: Chris B. Seely
Subject: ST 99-02 West Sandy Lake Road
Bryan,
I sent the below email with the plans attached as a PDF file.
Unfortunately it got kicked back, I assume due to file size. One of our
technicians will send you a link to our FTP site tomorrow where you can
download the plan set.
Sorry for the delay.
Keith
Bryan,
Thanks for calling me back this morning to discuss our upcoming W. Sandy
Lake Road project. I'm attaching a PDF file with the plan and profile
of our current plans.
We have a conflict with Oncor's transmission lines at the east end of
(8/29/2011) Keith Marvin - RE: ST 99-02 West Sandy Lake RoadPage 2
the project. There are poles along the South side of Sandy Lake at
approximate stations 109+60, and 107+00 that are in direct conflict with
the roadway, and will need to be relocated.
There are conflicts with the sidewalk at stations 103+00 and 90+50. I
will discuss these two locations with the engineer and see if we can
reroute the sidewalk to avoid the conflict on our end.
There is an additional phase of this project that will come shortly
after this one that will require the relocation of additional poles west
of this project. We are still working on detailed plans for this future
section, but it might be beneficial to try to do all the relocations as
one project.
Our goal is to be prepared to begin construction on this project around
the first of the year.
Thanks for your assistance. Please let me know if I can provide any
additional information.
Keith
Keith Marvin, P.E.
Project Engineer
(972) 304-3681
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Line Name: ____________
CCN # _____ Easement #: _________
WA #: __________
EASEMENT AND RIGHT OF WAY
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF §
That, ________________, hereinafter called "Grantor," whether one or more, for
and in consideration of Ten and no/100 Dollars ($10.00) and other valuable consideration
Oncor Electric Delivery Company LLC
to Grantor in hand paid by , a Delaware limited
liability company, 1616 Woodall Rodgers Freeway, Dallas, Texas 75202-1234, hereinafter
referred to as "Grantee", has granted, sold and conveyed and by these presents does
grant, sell and convey unto said Grantee, its successors and assigns, an easement and
right-of-way for one double circuit electric transmission power line consisting of a variable
number of wires and cables, including communication wires to be used solely in
connection with the transmission of electricity, together with all necessary or desirable
appurtenances including supporting structures, foundations, guy wires and guy
anchorages (the “Facilities”) over, under, across and upon all that certain tract(s) of land
located in __________ County, Texas, more particularly described in Exhibits A and B,
attached hereto and made part hereof.
Together with: (1) the right of ingress and egress over and along the easement and
right-of-way and over Grantor's adjacent lands to or from the easement and right-of-way,
for the purpose of and with the right to construct, operate, improve, reconstruct, replace,
repair, inspect, patrol, maintain and add or remove such electric power and
communications lines or other Facilities as the Grantee may from time to time find
necessary, convenient or desirable to erect thereon during the initial construction of the
Facilities or at any time thereafter; (2) the right to install gates in all existing and future
fences crossing the easement and right-of-way, provided such gates will be installed in a
manner that will not weaken such fences; (3) the right to relocate its facilities along the
same general direction of said lines; (4) the right to trim and cut down trees and shrubbery
on the easement and right-of-way, including by use of herbicides or other similar chemicals
approved by the U. S. Environmental Protection Agency, to the extent, in the sole judgment
of the Grantee, necessary to prevent possible interference with the operation of said lines
or to remove possible hazard thereto; and (5) the right to remove at Grantor's expense or
to prevent the construction on the easement and right-of-way of any or all buildings,
structures and obstructions.
Grantor shall not make or cause any changes in grade, elevation, or contour of the
land (except those activities, excluding terracing, associated with normal agricultural
activities) within the easement and right-of-way described herein without first providing
advance notice and obtaining prior written consent to do so from Grantee. If written
consent is not obtained prior to any action by Grantor that causes any changes in grade,
elevation, or contour of the land within the easement and right-of-way, Grantor shall, upon
demand from Grantee, at Grantor’s expense, restore the easement and right-of-way to its
previously existing condition, or reimburse Grantee fully for the cost of adjusting its
Facilities as necessary to accommodate the change in grade, elevation, or contour of the
land within the easement and right-of-way in the event Grantor fails to promptly restore the
grade, elevation, or contour to its previously existing condition.
Grantor shall not perform any excavations, trenching, or other soil disturbing
activities (except those activities, excluding terracing, associated with normal agricultural
activities) that, in the sole judgment of Grantee, will endanger the integrity of the supporting
structures and/or foundations or other Facilities, as applicable, or perform any other
activities that may, in the sole judgment of Grantee, remove, reduce, or adversely affect or
impact the lateral support of the supporting structures and/or foundations or other
Facilities, as applicable, without first providing advance notice and obtaining prior written
consent to do so from Grantee. If prior written consent is not obtained by Grantor prior to
performing any excavation, trenching or other soil disturbing activity that endangers the
integrity of the supporting structures or foundations or other Facilities, as applicable,
Grantor shall, upon demand from Grantee, at Grantor’s expense, restore the easement
and right-of-way to its previously existing condition, or reimburse Grantee fully for the cost
of adjusting its Facilities as necessary to accommodate the excavation, trenching, or soil
disturbing activity in the event Grantor fails to promptly restore the easement and right-of-
way to its previously existing condition or cannot do so.
Grantor reserves the right to use the easement and right of way area provided such
use shall not include the growing of trees thereon or any other use that might, in the sole
judgment of the Grantee, interfere with the exercise by the Grantee of the rights hereby
granted. Grantor further reserves the right to lay out, dedicate, construct, maintain and
use across said strip such roads, streets, alleys, railroad tracks, underground telephone
cables and conduits and gas, water and sewer pipe lines as will not interfere with
Grantee's use of said land for the purpose aforesaid, provided all such facilities shall be
located at angles of not less than 45 degrees to any of Grantee's lines and no less than 25
feet from any of Grantee’s structures, and shall be so constructed as to provide with
respect to Grantee's Facilities the minimum clearances provided by law and recognized as
standard in the electrical industry, as same may change from time to time. Grantor also
reserves the right to erect fences not more than 8 feet high across said land, provided all
such fences shall have gates, openings, or removable sections at least 16 feet wide which
will permit Grantee reasonable access to all parts of said land. Should Grantee later
determine that a width greater than 16 feet is necessary, then Grantee shall have the right
granted above to install additional or wider gates at its sole discretion, but the installation
of such additional or wider gates shall be at the sole expense of Grantee.
Grantor retains all right, title, and interest in and to all oil, gas, and other minerals
(whether by law classified as part of the mineral estate or the surface estate) and
groundwater in, on, and under the strip or land described herein; provided, however, that
Grantor shall not be permitted to drill for oil, gas, and other minerals, and groundwater
from and under said strip of land but Grantor may extract oil, gas, and other minerals, and
groundwater from and under said strip of land by directional drilling, mining, or other
VERSION 020311
EASEMENT AND RIGHT OF WAY Page 2
means, so long as Grantee’s use of said strip is not disturbed, which use shall include the
right of Grantee to physical and/or lateral support for the Facilities, as well as the right that
the Facilities shall not be endangered, obstructed, or interfered with by such operations.
In addition to the consideration above recited for the easement and right-of-way
hereby granted, the Grantee will pay to the owner of the land, and, if leased, to his tenant,
as they may be respectively entitled for actual damages to fences and growing crops and
improvements located on the easement and right-of-way caused by reason of the
construction, maintenance, addition or removal of said lines; provided, however, that no
such payment will be made for trimming or removal of trees growing on the easement and
right-of-way, nor for removal of buildings, structures, or obstructions erected upon the
easement and right-of-way after granting of this easement and right-of-way.
TO HAVE AND TO HOLD the above described easement and right-of-way unto the
said Grantee, its successors and assigns, until all of said lines and other Facilities shall
be abandoned, and in that event said easement and right-of-way shall cease and all rights
herein granted shall terminate and revert to Grantor or Grantor's heirs, successors or
assigns; and Grantor hereby binds Grantor and Grantor’s heirs, successors, assigns, and
legal representatives, to warrant and forever defend the above described easement and
right-of-way unto Grantee, its successors and assigns, against every person whomsoever
lawfully claiming or to claim the same or any part thereof. This easement may be assigned
in whole or in part.
EXECUTED this __ day of _________, A.D. 20__.
Grantor
________________________________
________________________________
VERSION 020311
EASEMENT AND RIGHT OF WAY Page 3
(Corporate Acknowledgment)
STATE OF TEXAS §
§
COUNTY OF_____________ §
BEFORE ME, the undersigned authority, on this day personally appeared
__________________________________, as the ______________________________
of ________________________________, 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 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 __ day of _________, A. D. 20__.
_____________________________________________
Notary Public in and for the State of Texas
(Single Acknowledgment)
STATE OF TEXAS §
§
COUNTY OF ______________ §
BEFORE ME, the undersigned authority, on this day personally appeared
______________________________, 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 for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this __ day of _________, A. D. 20__.
_____________________________________________
Notary Public in and for the State of Texas
After recording, return to:
Laura De La Paz
Oncor Electric Delivery Company
Suite 505
th
115 W 7 Street
VERSION 020311
EASEMENT AND RIGHT OF WAY Page 4
Ft. Worth, Texas 76102
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EASEMENT AND RIGHT OF WAY Page 5