Recorded Oncor Encroachment Agr. FredericksenELECTRONICALLY RECORDED 202000014705
01/16/2020 12:18:59 PM EASEMENT 1/6
PT No.: 2019-4387
District: Farmers Branch
WR No.: NONE
Platted TP&L Easement Lot 9, Block 2,
Northlake Woodlands, Addition to
Coppell Tx
ENCROACHMENT ON EASEMENT
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DALLAS §
WHEREAS, Oncor Electric Delivery Company LLC, a Delaware limited liability
company, ("Oncor"), is the Owner of an easement in Dallas County, Texas, which is recorded in
Instrument No. 201500217178, of the Real Property Records of Dallas County, Texas
("Easement,") and
WHEREAS, Chad L. Fredericksen and Julia S. King Fredericksen, ("User"); desires
permission to construct a room addition to an existing home ("Encroaching Facility") within the
boundaries of the Easement ("Easement Area.")
NOW, THEREFORE, in consideration of the mutual covenants contained herein, and other
good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
Oncor and User do hereby agree as follows:
1. Location of Encroaching Facility. User may locate the Encroaching Facility in the
Easement Area as described and shown on the attached drawing, marked Exhibit "A", and
incorporated herein. User may not make additions to or relocate the Encroaching Facility within
the EasementArea without the consent and approval of Oncor, which consent and approval shall
not be unreasonably denied.
2. Restrictions on Use of Easement Area. User shall use only so much of the Easement
Area as may be necessary to construct, maintain, and repair the Encroaching Facility. User shall,
at its own cost and expense, comply with all applicable laws, including but not limited to existing
zoning ordinances, governmental rules and regulations enacted or promulgated by any
governmental authority and shall promptly execute and fulfill all orders and requirements imposed
by such governmental authorities forthe correction, prevention and abatement of nuisances in or
upon or connected with said Encroaching Facility. At the conclusion of any construction, User
shall remove all debris and other materials from the Easement Area and restore the Easement
Area to the same condition it was in prior to the commencement of User's construction thereon or
in proximity thereto.
User shall not place trash dumpsters, toxic substances, or flammable material in the
Easement Area. Further, if the Easement Area has transmission or distribution facilities located
thereon, User shall not place upon the Easement Area any improvements, including but not
limited to, buildings, light standards, fences (excluding barriers installed around transmission
towers, if applicable), shrubs, trees or signs unless approved in advance in writing by Oncor.
3. Maintenance of Encroaching Facility. User, at User's sole expense, shall maintain and
operate the Encroaching Facility. Oncor will not be responsible for any costs of construction,
reconstruction, operation, maintenance or removal of User's Encroaching Facility.
4. Risk and Liability. User assumes all risks and liability resulting or arising from or relating to
User's use, the existing condition or location, or existing state of maintenance, repair or operation
of the Easement Area. It is further agreed that Oncor shall not be liable for any damage to the
Encroaching Facility as a result of Oncor's use or enjoyment of its Easement. Any Oncor property
damaged or destroyed by User, or its agents, employees, invitees, contractors or subcontractors
shall be repaired or replaced by Oncor at User's expense, and payment is due upon User's receipt
of an invoice from Oncor.
5. Indemnification. User agrees to defend, indemnify and hold harmless Oncor, its officers,
agents and employees from and against any and all claims, demands, causes of action, loss,
damage, liabilities, costs and expenses (including attorney's fees and court costs) of any and
every kind or character, known or unknown, fixed or contingent, for personal injury (including
death), property damage or other harm for which recovery of damages is sought or suffered by
any person or persons, including claims based on strict liability, arising out of or in connection with
User's actions or omissions or the actions or omissions of its officers, agents, associates,
employees, contractors or subcontractors or the actions or omissions of any other person entering
onto the Easement Area or the Encroaching Facility, including the negligent actions or
omissions of Oncor, when such actions or omissions relate to User's use of the Easement Area.
6. High Voltage Restrictions. Use of draglines or other boom -type equipment in connection
with any work to be performed on the Easement Area by User, its employees, agents, invitees,
contractors or subcontractors 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, in no event shall any equipment be within fifteen
(15) feet of the Oncor power lines situated on the aforesaid property. User must notify the
Distribution Operations Supervisor at (972) 569-1234 48 hours prior to the beginning of any
work in the Easement Area.
7. Removal by Oncor. If at any time in the future, the Encroaching Facility, with exception to
road crossing(s); as long as such road crossing(s) are constructed to the specifications and the
actual location is as shown and described in the attached Exhibit "A", in the sole judgment of
Oncor, interferes with Oncor's use or enjoyment of its easement rights, Oncor shall have the right
to remove said Encroaching Facility. Oncor 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, Oncor may remove it, at User's expense. Oncor will
not be responsible nor will compensation be paid for damages incurred by such removal,
including, but not limited to, damages for loss of use of the Encroaching Facility or business
ENCROACHMENT ON EASEMENT
Page 2
interruption. However, in an emergency, Oncor shall have the right to immediately remove the
Encroaching Facility.
8. Default and Termination. 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 Oncor notifies User of such default in writing, Oncor 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.
This 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 Oncor under its Easement.
APPROVAL:
Executed this day of `J ' 2020.
Oncor Electric Delivery Company LLC,
a Delaware limited liability company
By: WA
Matthew Lynn Myrick, Attorney -in -Fact
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day personally appeared Matthew Lynn
Myrick, Attorney -in -Fact for Oncor Electric Delivery Company LLC, a Delaware limited liability
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 Oncor
Electric Delivery Company LLC, for the purposes and consideration therein expressed, in the
capacity therein stated and that he is authorized to do so.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of A�4s , 2020.
RICHARD A LOFTIS
NotarylD#6198991 Notary Public in and for the St t of Texas
My Commission Expires
October 2, 2421
ENCROACHMENT ON EASEMENT
Page 3
ACCEPTANCE:
Executed this day ofCa';G�I,i, f t i®l. , 2020.
By. By.
chord L. Fredericksen Juli S. King FredericksM
STATE OF TEXAS §
COUNTY OF DALLAS §
BEFORE ME, the undersigned authority, on taay personally appeared Chad I_.
Fredericksen, known to me to be the person ase name is subscribed to the foregoing
instrument and acknowledged to me that a executed the same for the purposes and
consideration therein expressed
GIVEN UNDER MY HAND AV�EAL OF OFFICE this day of 12020.
Notary Public in and for the State of Texas
STATE OF TEXAS §
COUNTY OF DALLAS §
BEFORE ME, the undersigned authority, on this day personally appeared Julia S. Fling
Fredericksen, known to me to be the person whose name is subscribed to the foregoing
instrument and acknowledged to me that she executed the same for the purposes and
consideration therein expressed.
It
GIVEN UNDER MY HAND AND SEAL
JUANA ILIANA CALVILLO
a°:' .: Notary Public, State of Texas
Q7 Comm. Expires 07.08-2020
Notary ID 930728980
2020.
ENCROACHMENT ON EASEMENT
Page 4
BEING LOT 9, IN BLOCK 2, OF NORTHLAKE WOODLANDS, AN ADDITION TO THE CITY OF
COPPELL, DALLAS COUNTY, TEXAS, ACCORDING TO THE MAP THEREOF RECORDED IN
VOLUME 74189, PAGE 1390, OF THE MAP RECORDS OF DALLAS COUNTY, TEXAS.
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ENCROACHMENT ON EASEMENT
Page 5
Filed and Recorded
Official Public Records
John F. Warren, County Clerk
Dallas County, TEXAS
01/16/2020 12:18:59 PM
$46.00
202000014705