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HomeMy WebLinkAboutItem 08 - Opryland Lift Station AgreementMEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROGER NELSON, CITY MANAGER R/ MEETING DATE: SEPTEMBER 4, 2001 SUBJECT: OPRYLAND LIFT STATION AGREEMENT WITH TXU FOR EASEMENT ENCROACHMENT RECOMMENDATION: City Council to consider approving the Encroachment on Easement agreement with TXU, authorize the staff to execute the agreement, and take any necessary action. BACKGROUND: The Opryland Lift Station is proposed to be constructed adjacent to an existing TXU transmission line. The gravity sewer to the lift station, the force main from the lift station and the access road to the lift station are in the TXU easement. The agreement authorizes the City to operate and maintain the encroaching facilities inside of the TXU easement. The agreement has been reviewed and recommended for approval by the City Attorney. Staff recommends approval. 0:\AGENDA\09-04-01\TU EASEMENT OPRYLAND\LIFTSTATION August 29, 2001 (2:29PM) ness Services St. Paul Street Dallas, TX 75201 P.O. Box 139083 Dallas, TX 75313-9083 ENCROACHMENT ON EASEMENT E - 109255 May 10, 2001 ATxu Re: Grapevine Jct. — Grapevine 138 KV Transmission Line Map D-56762, Request JLR2100201 Mr. Mike Brownlee Public Works Department City of Grapevine 200 S. Main Street Grapevine, Texas 76051 Dear Mr. Brownlee: The City of Grapevine, Texas, (hereinafter referred to as User) has requested permission to construct, operate and maintain a twelve (12") inch sanitary sewer line (Line A), a twelve (12") inch sanitary sewer line (Line B), a fourteen (14") force main, and a one (1 ") water line, and a twenty (20') access road within the area or boundaries of TXU Electric Company's (TXU Electric), successor to Texas Power & Light Company, easement recorded in Volume 007942, Page 0013, Deed Records of Tarrant County, Texas. TXU Electric agreeable to the proposed sanitary sewer lines, water line and access road 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: 1. 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 heirs, successors, and assigns, and is not to be interpreted as a waiver of any rights held by TXU Electric under its easement. 2. User, to the extent allowed by Texas law, shall defend, indemnify and ENCROACHMENT ON EASEMENT Page 1 hold harmless TXU 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 arising out of or occasioned by any negligent act or omission of City, its officers, agents and employees, in the construction, operation and maintenance of the encroaching facility. This paragraph shall not be construed to waive governmental immunity of City. This paragraph is solely for the benefit of City and TXU Electric and is not intended to create or grant any rights, contractual or otherwise to any other person on 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 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 TXU Electric power lines situated on the aforesaid property. User must notify the Supervisor of Fort Worth Region Transmission (817) 496-2736, 48 hours prior to the use of any boom -type equipment on the TXU 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, excluding street and traffic 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 Users 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 Users expense and payment is due upon Users receipt of an invoice from TXU Electric. 7. 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 TXU Electric notifies User of such default, TXU Electric may at its election forthwith terminate this agreement and upon such termination all of Users rights hereunder shall cease and come to an end. This agreement shall also terminate upon the abandonment of the encroaching ENCROACHMENT ON EASEMENT Page 2 facility. If the foregoing terms and conditions are acceptable to the City of Grapevine, please have the original and a copy of this letter agreement signed and returned to me at, P.O. Box 139083, Dallas, Texas 75313-9083, within 30 days for final approval by TXU Electric. This letter agreement shall be effective only after final approval by TXU Electric. ACCEPTED: THE CITY OF GRAPEVINE, TEXAS By: Title: Date Yours very truly, JJ��Rider, SR/WA Right of Way Agent, Sr. TXU ELECTRIC COMPANY By: Dennis Tucker Fort Worth Transmission Manager Date ENCROACHMENT ON EASEMENT Page 3