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Home My WebLink AboutRES 1990-034 �,,, RESOLUTION N0. 90-34 A RESOLUTION OF THE CITY OF GRAPEVINE, TEXAS � AUTHORIZING AN ENCROACHMENT ON EASEMENT AGREEMENT WITH TU ELECTRIC RELATIVE TO THE MUNICIPAL SERVICE CENTER AND PROVIDING AN EFFECTIVE DATE WHEREAS, TU Electric is the sole owner of the electrical easement as described in the Encroachment on Easement Agreement (the "Agreement" ) attached as Exhibit "A" hereto; and WHEREAS, the City of Grapevine is sole owner of property on which the electrical easement crosses; and WHEREAS, the encroaching facilities described in the attached Agreement as vehicle parking and material storage are a necessary part of the new Municipal Service Center and its practical function; and WHEREAS, the City Staff recommends the City Council authorize the City Manager to sign the Agreement as the City of Grapevine representative; and � WHEREAS, the City Council finds and concludes it is in the � best interests of the City to enter into the Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1 . That all the above premises are found to be true and correct and are incorporated into the body of this resolution as if copied in its entirety. Section 2. The City Council authorizes the City Manager to enter into the Agreement attached as Exhibit "A" with TU Electric for encroachment by the City of Grapevine on the described TU Electric Easement on the property described in the Agreement at no cost to the City. Section 3 . That this resolution shall take effect from and after the date of its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF �� GRAPEVINE, TEXAS on this the 2nd day of October , 1990 . � �, APPROVED: � William D. Tate Mayor ATTEST: n a Huff City Secretary APPROVED AS TO FORM: � John F. Boyle, Jr. City Attorney � � � � .. ` EXHIBIT "A" TO RESOLUTI'ON NQ,��Q�� '�! �E�ORD /� �.` ` y �+ `�c.`. `- ' `.f^•�,1� w � � e,�, �n,� `� �� "�� . }� y� — — � F;J 1 !j , �_ �`�; � � ,�, ., e�� " --, ._.- ; _ _ � �`NEE�'�`'G 7UELECTRIC �' . =ti�, ENCROACHMENT ON EASEMENT September 4 , 1990 RE: Roanoke-Ball Street - Euless 138 kV Transmission Line E# 188339 Mr. Matt Singleton Assistant Director of Public Works City of Grapevine P.O. Box 729 '�' Grapevine, Texas 76051 ;� Dear Mr. Singelton: The City of Grapevine (hereinafter referred to as User ) has requested permission to construct a vehicle parking and ground storage area within the boundaries of a Texas Utilities Electric � Company (TU Electric ) , a Texas corporation, successor to Texas Power & Light Company, easement recorded in Volume 7748 , Page 1352 , Deed Records of Tarrant County:, Texas. TU Electric is agreeable to the construction of the vehicle parking and ground storage area, hereinafter referred to as the "encroaching facilities" , if the encroaching facilities are .. located and described as shown on the attached drawing, marked 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; therefore, User will be required to obtain whatever rights and permission, other than TU Electric' s , that are necessary. This letter a�reement shall extend to and be binding ugon User and its heirs , successors, and assi�ns, and is not to be interpreted '"�"' as a waiver of any rights held by TU Electric under its easement. rr...f _ I51! Bryan Street P.O.Box 660268 Ballas,Texas 75266-0268 . , City of Grapevine -2- September � , 1990 2 . User shall defend, indemnify and hold harmless TU Electric, °"�"` its employees and agents from and against any and all claims , expenses , ( including attorney' s fees } , damages, losses and judgments whether for bodily injury or damaoe to �+ property arising out of or incident to the presence, con- struction, operation and maintenance of the encroaching facilities. 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. 3 . Use of draglines or other boom-t3Tpe eguipment in connection with any work to be performed on the TU Electric easement by User , its employees , agents, r�presentatives or contractors must comply with Texas Statute ( 3TesCiv. 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 TU Electric power lines situated on the aforesaid property. User must notify the Supervisor of Transmission in Irving, Texas ( 214 ) 721-6281 , 48 hours prior to the use of any 'boom-type equipment on the TU Electric easement. 4 , The encroaching facilities do not currently interfere with �,.� TU Electric ' s usage, but if in the future the encroaching � facilities , in the sole judgment of TU Electric , does inter- fere with the use or enjoyment of its easement rights, TU � Electric shall have the right to remove said encroachin� facilities after giving written notice to User. TU Electric shall notify User in writing that within 90 days , the en- croaching facilities must be removed at User' s sole cost. If at the end of the 90 day period the encroaching facili- � ties have not been removed, TU Electric shall remove them at User' s expense. TU Electric will not be responsible nor will compensation be paid for damages incurred by such re- moval . However, in an emergency, TU Electric shall have the right to immediately remove the encroaching facilities. If the encroaching facilities are removed, TU Electric will not unreasonably withhold consent for User to relocate the en- croaching facilities within the easement. 5 . 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 un?ess approved in writing by TU Electric . �,,, 6 . It is agreed that no trash dumpsters , toxic substances or flammable material will be allowed on the easement . 7 . TU Electric will not be responsible for any costs of con- �"" struction, operation and maintenance of User' s encroaching City of Grapevine -3- September � , 1990 facilities . It is further agreed that TU Electric shall not be liable for any damage to the encroaching facilities here- '�""' in agreed to as a result of TU Electric ' s use pursuant to its easement . � 8. User agrees that stored material shall not exceed seven ( 7 ) feet in height within the easement area. 9. It is understood and agreed that , in case of default by User or its agents in an3� of the terms and conditions herein stated and such default continues for a period of ten ( 10 ) days after TU Electric notifies User in writing 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 facilities. If the foregoing terms and conditions are acceptable to the City of Grapevine , please have the original and a c.opy of this letter agreement signed by the proper authority and return to me at 1511 Bryan Street , P.O. Box 660268 , Suite 1412 , Dallas, Texas 75266-0268 within 30 days for ��inal approval by TU Electric . This letter agreement shall be effective only after final approv- al by TU Electric . � Yours very truly, � �� - Gordon Hood Principal Property Representative � Real Estate and Right of Way ACCEPTED: APPROVED: City of Grapevine Texas Utilities Electric Company � Texas Power & Light Company Division � ` �?�� B ,/%��e%c.�, �` BY: y' J .�/ Y� Ma k S. Watson B e�a Pulis Title : City Manager Title : Manager Real Estate and Right of Way � - �'� i � if 1 '-�• . Date : October 5 , 1990 Date : _T_� = , � APPRO.VED BY COUNCIL 10/02/90 . .. . t'ity of Grapevine --�- September -� , 1990 THE ST�TE OF TE��S Q � � COL'NTI OF D.�LLAS Q BEFORE �fE, the undersi�ned authorit�, on this day personall�- '"�► appeared Brenda Pulis, Manager, Real Estate and Right of Wa�- of Tesas Power & Light Compan�r, a division of Tesas Utilities Electric Company, known to me to be the person whose name is subscribed to the fore�oin� instrument and acknowledged to me that she executed the same as the act and deed of the said Texas Utilities Electric Company for the purpose and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND aND SEAL OF OFFICE this the �l day of ��-c/ A.D. 19 9 0 . ` ~\` {.r jl,/ ' Q�O"L�— .%/"_.!�-/L�—�/�/ -- :.'''( Se�l;) Notary Public in and for the State of Te�as , : ,�o t.� C�Y�,'c/C. ' ; �,, �; �� (Print Name of Notar�� Publ ic ) � � , � '�v Commission Ekpires: " p,y —Z3 - �! / �, THE ST�TE OF TE�AS � Q COUNTY OF � � J � � BEFORE ME, �'l�� 2G�,J/v , a Notary Public in and for �I 4Z��/�T County , n this day personally appeared a. GU FF- , 1 f 7V M R N�4 E 1e- o f t h e 3 ! F ��U1nl� of the County and State aforesaid, known o me � to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/� eYecuted the same as the act and deed of �i�T`l�_F12Pw�_Iij�1-E a-�-�-�--z«C thereof, and for the purposes and consideration therein expressed. � GIVEN UNDER MY HAND AND SEAL OF OFFICE this the J� day of � ��t2 A.D. 1990 . xxxxxxxxxxzxxxxxxxxxxxxxxxxxx�x�cxxxX ' �7 z ..�Y'�e�� X � z � � � JODI C. BROWN X Notar " ublic. in and for the State of x J��lar� Pubuc-Stat�ot Te�s X t ` X ,,�.--;�;; My Comm,ssloo Eaptrec 6/30/9 x �O�i C. ��C�Gv/� �o� , x x xxx�;xxx�:r.�:r-��•�-��.xxx�;xxxxxxxxxxxxx ( print Name of Notar�r Publ ic 1 � M,y Commission Expires : ��3��9.� �