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Northlake WE P10C-CS 950725TI, ISERVICES July 25, 1995 Tipton Engineering, Inc. 6330 Beltline Road, Suite C Garland, Texas 75043 Attn: Richard Hovas Re: North Lake Woodlands East No. 10, Coppell, Texas Dear Sir: Enclosed please find a fully executed encroachment document. A copy has been sent to our records department for recording. I will forward to you the recording information as soon as I receive it. If you have any questions, call me at (214) 812-7325. Very truly yours, Douglas Nutt Right of Way Agent DN:dr Enclosure Energy Plaza 1601 Bryan Street Dallas, Texas 75201-3411 ENCROACHMENT ON EASEMENT June 29, 1995 Re: N.W. Carrollton-Hackberry TD-41403 Tract No. 3-7 E-138266 S.C. Parsons, Inc. Troth Enterprises, Inc. Lerman Investments, Inc. 102 Meadowcreek, Suite 101 Coppell, Texas 75019 D6ar Sirs: S.C. Parsons, Inc., Troth Enterprises, Inc., and Lerman Investments, Inc., (hereinafter referred to as User) has requested permission to construct a storm sewer system within the area or boundaries of Texas Utilities Electric Company's (TU Electric), successor to Texas Power and Light Company, easement recorded in Volume 85077, Page 3300, Deed Records of Dallas County, Texas. TU Electric is agreeable to the construction of the storm sewer system, 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: 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. 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. 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 Electrical Safety Code and any other applicable safety or clearance requirements. o o o o 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 at 721-6257, 48 hours prior to the use of any boom- type equipment on the TU Electric easement. The encroaching facility does not currently 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 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 nor will compensation be paid for damages incurred by such removal. However, in an emergency, TU Electric shall have the right to immediately remove the encroaching facility. If the encroaching facility is removed, TU Electric will not unreasonably withhold consent for User to relocate the encroaching facility within the easement. 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. It is agreed that no trash dumpsters, toxic substances or flammable material will be allowed on the easement. 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. General construction limitations on encroachments are described and listed in Exhibit "B" attached hereto and by reference made a part hereof. - - ----- 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 S.C. Parsons, Inc., Troth Enterprises, Inc., and Lerman Invesunents, Inc., please have the original and a copy of this letter agreement signed and returned to me at 1601 Bryan Su-eet, 34th Floor, 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. Yours very truly, Nutt Right of Way Agent ACCEPTED: S.C. PARSONS, INC. Date ?. APPROVED: TU ELECTRIC By:, Title: Date M.J. Thomason Manager, Dallas Region Transmission TROTH ENTERPRISES, INC. By: ~ STATE OF TEXAS COUNTY OF DALLAS BEFORE ME, the undersigned authority, on this day personally appeared M.J. Thomason, Manager, Dallas Region Transmission 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 as the act and deed of the said Texas Utilities Electric Company, and for the purposes and consideration therein expressed and in the capacity therein stated, and that he was authorized to do so. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this , A.D., 1995. day of Notary Public in and for the State of Texas My Commission Expires: (Print Name of Notary Public Here) STATE OF § § COUNTY OF § BEFOR13 ME, the undersigned authority, on this day personally appeared · ~. ~. tOtq£$°a/< , known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of S.C. Parsons, Inc., as the }O~E-C //) £/,/7-- thereof, and for the purposes and consideration therein expressed and in the capacity therein stated, and that he was authorized to do so ..... GIVEN UNDER MY HAND AND SEAL OF oFFicE this--- /0,/q~:~flay of , A.D. 1995. t~/ ~/' ' ~' '~*' '~ No~zre out)lic. State ol Texas i) My Commission Expires 06-29-1996 ~ My CommissionExpires: Notary l~li~-in and for ~he gE(le bf Texas (Print Name of Notary STATE OF COUNTY BEFORE ME, the undersigned authority, on this day personally appeared (AJ. 77. 7'-/~o'r/-/ , known to me to be the person whose name is subscribed to the foregoing instrument and acknowledAged to me that he executed the same as the act and deed of Troth Enterprises, Inc., as the ?g£$1 b £~/7" thereof, and for the purposes and consideration therein expressed and in the capacity therein stated, and that he was authorized to do so. GIVEN UNDER MY HAND AND SEAL OF OFFICE this , A.D. 1995. Notary Puoiic~m :~nd for the ~t~ of Texas (Print Name of'Notary Public Here') My Commission Expires: , A.D. 1995..~ ,-//- d '- -' Notao' Public in and for the(/~tate of Texas (Print Name of Notary Pubiic t~Iere) My Commission Expires: STATE OF .f'-~,~. § cou r BEFORE ME, the undersigned authority, on this day personally appeared ~-~1 /~4~ , ~own to me to be ~e person whose ~e is subscri~d ~o ~e forego~g ~mem and ac~owl~ged~ me ~at he ~xecuted ~e sine ~ ~e a~t ana a~ed of ~ ~v~s~n~, ~n~., as ~ /{~2p~.~ ~r~of, ~a for · e pu~oses and comideration ~erein expressed ~d ~ ~e capaci~ ~ere~ stated, and ~t he was au~or~ed to do so. amnN UN,ha ~ ~ ~ S~AL OF OF~C~ ~ ~,~ ~.~ay of 5 F. XI-IIBIT "A" 5 6 PHASE C NORTHLAKE WOODLANDS EAST NO. James Parrlsh Survey ~ Absfract No. ! 139 S.A. & M.G. Survey ~ Absfroct No. 1442 CITY OF COPPELL, DALLAS COUNTY, OWNERS SC PARSONS, INC. T R 0 T H E N.T E R P R I S £ $, L ER MA N I N VES TM EN TS, 102 Meo<~owcreek ~ Suite tOt ~ Ceppell, Texos 750~9 Phone J452--I66.5 TEXAS INC. INC. 10 5 8 4 21 22 5 25 151 52 ,/ $4 35¸' NORTH ~CHMENT ;A Proposed Drag. EXH ] B ! T cfi '~. P.~. l+l&.$? ! 2O Proo. 8° Wtr. ]+00 Line B . 4,.1 Cfi San. Se,,. 10' P.T. 0+31.17 ENLARGEMENT OF ENCROACHMENT AREA EXHIBIT ENLARGEMENT OF ENCROACHMENT AREAl ' 6 \ NO~TI~ EXHIBIT "A' AP.F-A~p H 4, S E C ~~~IORTHLA- KE WOODLANDS EAST NO. James Parrish Survey ~ Abstract No. ! 139 S.A. & M.G. Survey ~ Abstract No. 1442 CITY OF COPPELL, DALLAS COUNTY, TEXAS OWNERS SC PARSONS, INC. T R O T H E N.T E R P R I S E S, L E R MA N I N V E S T M E N TS, 102 Meodowcreek ~ Suite 10I ~ Co~pMJ, rexe~ 7501~ Phe~e It442-1~65 EXHIBIT "A" INC. INC. EXHIBIT "B" CONSTRUCTION LIMITATIONS ON TU ELECTRIC COMPANY RIGHT-OF-WAY 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. Blasting is not to be permitted on Company right of way or under Company lines. 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 dght 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 electrical lines. Drag lines will not be used under the line or on Texas Utilities Electric Company 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 centedine 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 pedods 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 the 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 Texas Utilities Electric Company structures or prevent mechanical maintenance. Before any work is done under Texas Utilities Electric Company lines or by Texas Utilities Electric Company structures notify the Supervisor of Regional Transmission as noted in the document. Brush and cut timber will not be piled or stacked on Texas Utilities Electric Company right of way or not be burned upon or in close proximity to the conductors or towers. No grading within 25 feet of any structure leg. Hand rail must be properly grounded. Contractor and developer will be responsible for any erosion on TU Electdc right of way. TU Electric will not be responsible for any damages to the encroaching facilities while maintaining or expanding our electric facilities. Contractor will have all underground facilities located in the area prior to the construction of their facilities.