HomeMy WebLinkAboutResolution No. 2013-043
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2013-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AUTHORIZING THE MAYOR TO ENTER INTO AN
AGREEMENT FOR ENCROACHMENT BY AND BETWEEN THE CITY
OF THE COLONY AND ATMOS ENERGY CORPORATION
REGARDING THE UTILITY EASEMENT ON THE PARKS LOOP
TRAIL, AS PROVIDED IN EXHIBIT "A", WHICH IS ATTACHED
HERETO AND INCORPORATED HEREIN; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of The Colony constructed the Parks Loop Trail within an
easement granted to Atlnos Energy Corporation; and
WHEREAS, Atmos Energy Corporation is replacing the gas line within the easement;
and
WHEREAS, Atmos Energy Corporation will pay the City of The Colony $56,160.00 in
exchange for the Agreement for Encroachment.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS:
Section 1. That the City Council authorizes the mayor to execute the Agreement for
Encroachment as provided in Exhibit "A", which is attached hereto and incorporated herein in
exchange for 556,160.00.
Section 2. That this Resolution shall take effect immediately from and after its
adoption and execution.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, this 20th day of August, 2013.
APPROVED:
G
J/ McCourr,Mayor
ity of The Colony, 'Texas
ATTEST-
i
C ffistie Wilson, TRMC, City Secretary
APPROVED AS TO FORM:
JefY MootelCity Attorney
TE k PS
I
Line D9/42
Denton County
072513-Ijr
ENCROACHMENT ON EASEMENT
WHEREAS, Atmos Energy Corporation ("Atmos") is the owner of an easement in Denton County, Texas,
which is recorded in Volume 410, Page 493 of the Deed Records of Denton County, Texas ("Easement");
and
WHEREAS, The City of The Colony, Texas ("Owner"); desires permission to construct, operate and
maintain a concrete meandering jogging path on, over and across ("Encroaching Facility") within the
boundaries of the Easement ("Easement Area") as shown in the attached Exhibit "A" example.
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, Atmos and Owner
do hereby agree as follows:
1. Location of Encroaching Facility. Owner may locate the Encroaching Facility in the Easement
Area as described and shown on the attached drawing, marked Exhibit "A" and incorporated herein.
Owner may not relocate the Encroaching Facility within the Easement Area without the consent and
approval of Atmos, which consent and approval shall not be unreasonably denied,
2. Restrictions on Use of Easement Area. Owner shall use only so much of the Easement Area
as may be necessary to construct, maintain and repair the Encroaching Facility. Owner 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 for the correction, prevention and abatement of nuisances in or, upon or connected with said
Encroaching Facility. At the conclusion of any construction, Owner 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 Owner's construction thereon or in proximity thereto. Owner shall not place
upon the Easement Area any improvements, including but not limited to, buildings, parking, light
standards, shrubs, trees or signs unless approved in advance in writing by Atmos.
3. Maintenance of Encroaching Facility. Atmos agrees to pay thirty (30) percent of the cost to
replace the existing concrete jogging path for a one-time payment in the amount of $56,160.00. After
replacement of the existing concrete jogging path, Owner, at Owner's sole expense, shall maintain and
operate the Encroaching Facility, Atmos will not be responsible for any costs of construction,
reconstruction, operation, maintenance or removal of Owner's Encroaching Facility thereafter.
4. Risk and Liability. Owner assumes all risks and liability resulting or arising from or relating to
Owner's use, the existing condition or location, or existing state of maintenance, repair or operation of
the Easement Area. It is further agreed that Atmos shall not be liable for any damage to the Encroaching
Facility as a result of Atmos' use or enjoyment of its Easement. Any Atmos property damaged or
destroyed by Owner or its agents, employees, invitees, contractors or subcontractors shall be repaired or
replaced by Atmos at Owner's expense and payment is due upon Owner's receipt of an invoice from
Atmos.
5. Indemnification. To the extent allowed by law, Owner agrees to defend, indemnify and hold
harmless Atmos, 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 Owner'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 Atmos, when
such actions or omissions relate to Owner's use of the Easement Area,
6. Notice. Owner must notify Atmos at tel. 214.206.2941, at least 48 hours prior to beginning any
work on the Easement Area.
7. Removal by Atmos. If at any time in the future, the Encroaching Facility, in the sole judgment
of Atmos, interferes with Atmos' use or enjoyment of its easement rights, Atmos shall have the right to
remove said Encroaching Facility. Atmos shall notify Owner in writing that within 90 days the
Encroaching Facility must be removed at Owner's sole cost. If at the end of the 90-day period the
Encroaching Facility has not been removed, Atmos may remove it, at Owner's expense. Atmos 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 interruption. However, in an
emergency, Atmos shall have the right to immediately remove the Encroaching Facility. If the
Encroaching Facility is removed, Atmos will not unreasonably withhold consent for Owner to relocate the
Encroaching Facility within the Easement Area.
8. Default and Termination. It Is understood and agreed that, in case of default by Owner or its
agents in any of the terms and conditions herein stated and such default continues for a period of ten
(10) days after Atmos notifies Owner of such default in writing, Atmos may at its election forthwith
terminate this agreement and upon such termination all of Owner'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 Owner and its [heirs,] successors and assigns, and
is not to be interpreted as a waiver of any rights held by Atmos under its Easement,
2
APPROVAL: Atmos Energy Corporation
By:
Sherry Kelley
Vice President, Operations
Mid-Tex Division
Date: AI!, 3D, 10
ACCEPTANCE: Landowner
City of The Colony, Texas
By:
/a: lu ~ KL-Date: ( A
STATE OF TEXAS §
COUNTY OF §
BEFORE ME, the undersigned uthority, a Notary Public in and for the State of Texas, on this
day personally appeared it-)4 ji1 jI L)'. known to me to be the person whose name is . Li ' subscribed to the foregoing instrument, and ackndwledged to me that he executed the same for the
purposes and considerations therein expressed.
G/IVEN UNDER MY HAND AND SEAL OF OFFICE, on this the day
{ ice, it/,•. of A. D. 2013.
Notary Public in and for the State of Texas
~P~v„p4~r Lisa CmHendew My Commission Expires:
commission Expiry r
h} 10-01-2016 Print Name: /..f
3
STATE OF TEXAS §
COUNTY OF DALLAS §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this
day personally appeared Sherry Kelley, Vice President of Atmos Energy Corporation, a Texas
corporation, 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,
in the capacity therein stated, and as the act and deed of said corporation.
day
G N UNDER MY HAND AND SEAL OF OFFICE, on this the
CC of A. D. 2013.
Notary` blic in and for the State of Texas
~,~nvvu~c J Robinson My Commission Expires: d~c-l S X11
Notary Public, State of Texas I_
My Commission Expires Print Name: L ~S ~~~~J 1 Yl 5~~~
June 15, 201
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