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