HomeMy WebLinkAboutResolution No. 2014-044 CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2014-044
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER
TO EXECUTE AN ENCROACHMENT ON EASEMENT
AGREEMENT BY AND BETWEEN THE CITY OF THE
COLONY AND ATMOS ENERGY CORPORATION FOR
CONTRUCTION OF A TRAIL ON BB OWEN ELEMENTARY
SCHOOL PROPERTY; PROVIDING AN EFFECTIVE DATE
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS:
Section 1. That the City Council of the City of The Colony, Texas, hereby approves
an Encroachment on Easement Agreement by and between the City of The Colony and
ATMOS Energy Corporation, to allow construction of a trail on ATMOS' easement for
construction of a city trail, with the terms and conditions as stated therein.
Section 2. That a true and correct copy of the Agreement is attached hereto and
incorporated herein as "Exhibit A".
Section 3. That the city manager is authorized to execute said Agreement.
Section 4. That this resolution shall take effect immediately from and after its
passage.
PASSED AND APPROVED by the City Council of the City of The Colony,
Texas, this 15th day of July, 2014.
• 7(7
J:e McCou , Mayor
ity of The Colony, Texa
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AAJ' iftj A/0-tIve. ,,,,,,,,,,,,,,,,,,,
Christie Wilson, TRMC, City Secretary ,,�"4; Of. ,The
APPROVED AS TO FORM:
zwe
1
Jeff Moo -, City Attorney
Denton County
Cynthia Mitchell
. � I- 1
County Clerk
11 01 III 11! Denton, TX 76202
70201v000/5004
Instrument Number: 2014-75064
As
<ouondedOn: July 30, 2014 Easement
Parties: ATMOS ENERGY CORPORATION Billable Pages: 6
To Number of Pages: 6
Comment:
(Parties listed above are for Clerks reference only)
** Examined and Charged as Follows: **
sement 46.00
Total Recording: 46.00
*^°°°°^^°~°° DO NOT REMOVE. THIS PAGE IS PART OF THE INSTRUMENT°°*°"°°°"°°°
Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY
because of color or race is invalid and unenforceable under federal law,
e Information: Record and Return To:
Document Number: 2014'75064
Receipt Number: 1190731 PAULASHBY
Recorded Date/Time: July 30 2014 11:12:42A ATMOS ENERGY CORP
5420 LBJ FRVVY STE 1700
User/ Station: S Parr-Cash Station 3 DALLAS TX 75240
'^`^ THE STATE OF TEXAS }
COUNTY OF DENTON}
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RIW No. 45
PDA_7_28_2014
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 489 of the Deed
Records of Denton County, Texas ("Easement"); and
WHEREAS, City of The Colony, Texas ("Owner"); desires permission to construct,
operate and maintain a sidewalk ("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, 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. 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.
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 City or
its agents, employees, invitees, contractors or subcontractors shall be repaired or
replaced by Atmos at City's expense and payment is due upon City's receipt of an
invoice from Atmos.
5. Indemnification. City 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 City'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 City's use of the
Easement Area,
6. Notice. City must notify Atmos at tel. (469)261-2142, 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 City in writing that within 90 days the Encroaching Facility must be removed at
City's sole cost. If at the end of the 90-day period the Encroaching Facility has not
been removed, Atmos may remove it, at City'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 City to relocate the Encroaching Facility within
the Easement Area.
8. Default and Termination. It Is understood and agreed that, in case of default
by City 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 City of such default in
writing, Atmos may at its election forthwith terminate this agreement and upon such
termination all of City'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 City 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:
Sherryt4Iley
Title: Age President
Date: July t2-1, a '
ACCEPTANCE: City
By:.4. -... -
Name:
Title: C AA‘i MO,it,o_Li e,c
Date: 1%...4 'I '")- )010
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Lewis 1i e Inde, rnd-i School District
By
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Name: Ctte ) 144‘44
Title: ,yeekt. ),fi'• tiP i° - - '4,-"
Date: _ , 1 dr 0
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STATE OF TEXAS §
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COUNTY OE, /,2,7 MI §
BEFORE ME, the undersigned authority, a Notary Pylic in and for the State
of Texas, on this day personally appearedV*24-----fai,e,/Ai9 , known to
me to be the person whose name is subscribed to tlIA foregoing instrument, and
acknowledged to me that he executed the same for the purposes and considerations
therein expressed.
GIV UNDER MY HAND AND SEAL OF OFFICE, on this the_ / z.
iday
• b of A. D. 2014.
Notary Public i
7f2i. atz2—)
t and for the State of Texas
My
cAoMmYrnP191sUiKonANE/xtpires I My Commission Expires: //VII
4 ' q,
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January 8,201/ ' Print Name: Ain)r-LE-1,74,
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EXISTING 8'WIDE CONCRETE TRAIL, .,„„,,,,,,,,
PROTECT THE TRAIL FROM DAMAGE
BY CONSTRUCTION EQUIPMENT AND ,„
— APPROXIMATE LOCATION OF
PROCEDURES. EXISTING GAS PIPELINE
--ATMOS ENERGY 50RIGHT-OF-WAY
N2468907,60
E 7089688,62 NOTE:
PRIOR TO BEGINNING WORK WITHIN
THE ATMOS RIGHT-OF-WAY.
CONTACT:
\ BUDDY POWELL,OPERATIONS
_.„--c
MANAGER
_____. ___----- N '--"-- \ ATMOS ENERGY-CONSTRUCTION
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MANAGEMENT
m 214-206-2784 OFFICE
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469-261-2296 MOBILE
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214-276-6458 FAX
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PARKING LOT ' ros \ \ E 7089623,03
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Owen
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BB Owen \ \
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Elementary School ,, \ \
5640 Squires Drive • • \ \ ,
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The Colony, Texas 75056
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EXHIBIT 'A'
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B.O. Owen Elementary Trail , \ \
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Crossing of Atmos Energy 7:1
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Right-of-Way NORTH • .L, \
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The Colony, Texas 0 50' 100' . \ \
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June 9, 2014 \ ,
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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.
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GIVEN Lt(IDER MY HAND AND SEAL OF OFFICE, on this the of, day
of A. D. 2014.
tJ
. fk/ •, • '
Notary •ublic in and for the State of Texas
My Commission Expires: 107
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STATE OF TEXAS ,
4, 9-20 \'
-
COUNTY 0 • I §
BEFORE ME, the undersigned authority, a Notary Public in and for the State
of Texas, on this day personally appearedeira'‘c (Yr-\-v.._' , known to
me to be the person whose name is subscribed jto the foregoing instrument, and
acknowledged to me that he executed the same for the purposes and considerations
therein expressed.
GkEl)li UNDER MY HAND AND SEAL OF OFFICE, on this the '42.- 4 day
of A. D. 2014.
le\
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PtiVlsr.RipN Notary Public in and for th9S tat;of Texas
at
My Commirsicin Expires:
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