Hollows/FP-ES 990106~SERVICES""
A Texas Utilities
Company~
ENCROACHMENT ON EASEMENT
3ER-107398, E-107398, 1DR-L9.6
January 6, 1999
Re:
Liggett - Payne 138kv,
Northlake to Northaven
NW Carrollton to Hackberry
The Hollows of Northlake Woodlands Addition
City of Coppell, Texas
NLW Development Group
c/o Mr. Steve Parsons
6309 Clear Ridge
Dallas, Texas 75248
Dear Mr. Parsons:
THE CITY OF COPPELL (hereinafter referred to as User) has requested permission to construct
public streets, Sora Drive (a fifty foot wide right of way) and Crest view Drive ( a fifty foot wide
fight of way) and a twenty four foot wide emergency apparatus access road as shown in the attached
Exhibit, within the area or boundaries of Texas Utilities Electric Company's (TU Electric), successor
to TEXAS POWER AND LIGHT COMPANY, and DALLAS POWER AND LIGHT
COMPANY, easements recorded in Volume 657, Page 106, Volume 85077, Page 3200, Volume
3887, Page 110, and Volume 4594, Page 302, Deed Records of Dallas County, Texas.
TU Electric is agreeable to the construction of Sora Drive and the emergency apparatus access road,
hereinafter referred to as the "encroaching facility", if the encroaching facility is located and
described as shown on the attached drawing, marked Encroachment on Easement 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;
Energy PlazaTM 1601 Bryan Street Dallas, Texas 75201-3411
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 attomey 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 User, its agents, representatives, contractors, or
employees, arising out of or incident to the presence, construction, operation and
maintenance of the encroaching facility.
Use ofdraglines 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 Texas Statute (3TexCiv. St. 1436c), 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 Archie Brown or Mike Shea
at 972-721-6255 at least 48 hours prior to the use of any boom-type equipment on the TU
Electric 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, shrubs, trees or signs unless approved
in writing by TU Electric.
o
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 "C"
attached hereto and by reference made a part hereofi
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 often (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 and NLW Development
Group, please have the original and a copy of this letter agreement signed and returned to me at 1601
Bryan Street, Room 34126, 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,
Jeff Hustead
Senior Right of Way Agent
ACCEPTED:
CITY OF COPPELL
APPROVED:
TU ELECTRIC
By:
Title:
By:
W. Kyle Ray - Attorney In Fact
Date Date
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EXHIBIT "B"