Townhouses-ES010115 co y~v~ '-,
ENCROAC~ENT ON EASE~NT
J~ 15, 2001
~. M~e M~in
CiW of Coppell
P. O. Box 478
255 P~kway Blvd.
Coppell, Texas 75019
Re: Ligge~-Payne 138 kV
E-107398
NW C~ollton-Hackbe~ 345 kV Line
E-138266
Dear Mr. Martin:
The City of Coppell (hereinafter referred to as User) has requested permission to construct
a storm sewer line within the area or boundaries of TXU Electric Company's (TXU Electric),
successor toTexas Power & Light Company, easements recorded in Volume 3887, Page 110, and
Volume 85077, Page 3300, Deed Records of Dallas County, Texas.
TXU Electric is agreeable to the construction of the storm sewer line, 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 TXU Electric holds easement rights on the property
involved; therefore, User will be required to obtain whatever rights and permission, other
than TXU Electric's, that are necessary. This letter agreement shall extend to and be binding
upon User and its successors, and assigns, and is not to be interpreted as a waiver of any
rights held by TXU Electric under its easement.
2. User agrees to defend, to the extent allowable by law, indemnify and hold TXU Electric, its
officers, directors, agents, and employees harmless against any and all claims, lawsuits,
judgements, costs, and expenses for personal injury (including death), property damage or
other harm for which recovery, of damages is sought, suffered by any person or persons that
may arise out of or be occasioned by any negligent act or omission of User in performing the
work referred to above, its officers, agents, associates, employees, or subconsultants; except
that the indemnity provided for in this paragraph shall not apply to any liability resulting
from the sole negligence of TXU Electric, its officers, agents, or employees or separate
contractors, and in the event of joint and concurrent negligence of both the User and TXU
Electric, responsibility and indemnity., if any, shall be apportioned comparatively in
accordance with the laws of the State of Texas, without, however, waiving any governmental
immunity or other defenses available to the parties under Texas laxv. The provisions of this
paragraph are solely for the benefit of the parties hereto and not intended to create or grant
any rights, contractual or otherwise, to any other person or entity.
3. Use of draglines or other boom-type equipment in connection with any work to be performed
on the TXU Electric easement by User, its employees, agents, representatives or contractors
must comply with Texas Statute (3TexCiv. St. 1436c), the National Electrical 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 TXU Electric
power lines situated on the aforesaid property,. User must notify TXU Electric's Supervisor
of Dallas Region Transmission, at 972-721-6321 at least 48 hours prior to the start of any
work on the TXTI 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 TXU Electric.
5. It is agreed that no trash dumpsters, toxic substances or flammable material will be allowed
on the easement.
6. TXU Electric will not be responsible for any costs of construction, operation and
maintenance of User's encroaching facility. It is further agreed that TXU Electric shall not
be liable for any damage to the encroaching facility herein agreed to as a result of TXU
Electric's use pursuant to its easement. Any TXU Electric property, damaged or destroyed
by User or its agents shall be repaired or replaced by TXU Electric at User's expense and
payment is due upon User's receipt of an invoice from TXU Electric.
7. General construction limitations on encroachments are described and listed in EXHIBIT
"B", attached hereto and by reference made a part hereof.
If the foregoing terms and conditions are acceptable to the City of Coppell, please have the
original of this letter agreement signed and returned to me % TXU Services, P. O. Box 139083,
Dallas, Texas 75313-9083, within 30 days for final approval by TXU Electric.
Sincerely,
Sr. Right of Way Agent
ACCEPTED: APPROVED:
CITY OF COPPELL TXU ELECTRIC COMPANY
By: B "~ "'
Title:'~" c'7~,~/~~'' Larry Garner t
Manager of Dallas Region Transmission
Date
CGIT/ENC/200194
STATE OF TEXAS
COUNTY OF DALLAS §
T~i~lectr~.~n~v2 ~know~ledged before me on._ //~q .~_, 2001, by Lan3, Garner of
p y, a texas corporation, a Iexas corlforation, on behalf of said corporation.
', MY COMMISSION EXPIRES,
-- an or the State of Texas
STATE OF TEXAS §
COUNTY OF DALLAS §
This...~\~rxinsU'umentb3 ~-~'~'was acknowledged, ?nei~lf~s~s~cO° ~/t~ ~d3coa,e~ , 2001,ofthebY
City of Coppell, a municipal corporation, ' ~:~ration.
o axy Public in and for the State of Texas
CGIT/ENC/200194
EXHIBIT "B"
CONSTRUCTION LIMITATION
ON
TU ELECTRIC COMPANY RIGHT OF WAY
Equipment will not exceed 15 feet in height when operated under the line
Draglines will not be used under the line or on TXU Electric fight of way
Right of way will be protected from washing and erosion by method approved by TXU Electric
No obstruction shall be installed on the right of way that would interfere with access to TXU Electric
structure or prevent mechanical maintenance
Blasting is not to be permitted on the right of way
Any change in alignment or elevation should be reviewed by TXU for approval
Equipment and materials will not be stored on fight of way during construction without written
approval of the Supervisor of Regional Transmission
No dumpsters on the fight of way
No lighting structures or signs will be allowed within the fight of way
The existing grade shall not be disturbed, excavated or filled within 15' of the nearest edge of any
tower
No fences over 8' tall and must be grounded every 10', if metal
TXU will not permit any habitable structure, such as buildings, garages, sheds, guard houses, etc.
within any portion of the right of way
CGITfENC/200194