Item 4L Item 4L
Page 1 of 2
M E M O R A N D U M
(August 20, 2019)
To: Shana Yelverton, City Manager
From: Rob Cohen, Director of Public Works
Subject: Approve the dedication of a franchise utility easement to Atmos
Energy within the Federal Way right of way within Southlake
Town Square.
Action
Requested: Approve the dedication of a franchise utility easement to Atmos
Energy within the Federal Way right of way within Southlake Town
Square.
Background
Information: The purpose of this item is to seek City Council approval of
dedication of a franchise utility easement to Atmos Energy allowing
them to serve the Parkview Residences development. Atmos Energy
proposes a new tap on the existing gas main, installation of a new
lateral line and placement of gas meters adjacent to the multi-story
residential building within the Federal Way right of way.
Franchise providers are permitted to place facilities within the right
of way via franchise agreements however Atmos wishes to
memorialize the placement of these specific facilities with a formal
easement capturing the proposed facilities.
The proposed easement is approximately 312 square feet, located
within the Federal Way right of way, adjacent to Central Avenue. City
Council authorized the City Manager to execute a similar agreement
with Oncor in December 2018 for electric service to Parkview
Residences.
Financial
Considerations: None.
Strategic Link: This item links to the City’s Strategy Map strategic focus area of
Quality Development. It specifically relates to the City’s Corporate
Objective, C4: Attract & Keep Top-Tier Businesses to Drive a
Dynamic & Sustainable Economic Environment. The Critical
Business Outcome is, CB03: Engage in Thoughtful Planning
to Ensure Continued High Quality Development that is Integrated
Well into the Current Built Environment.
Item 4L
Page 2 of 2
Citizen Input/
Board Review: None.
Legal
Review: The City Attorney has reviewed the agreement.
Alternatives: The City Council may approve or deny the agreement.
Staff
Recommendation: Approve the dedication of a franchise utility easement to Atmos
Energy within the Federal Way right of way within Southlake Town
Square.
Supporting
Documents: Attachment A: Easement and Right of Way Documents
Attachment B: Location Map
Staff
Contact: Rob Cohen, Director of Public Works
Kyle D. Hogue, P.E., Deputy Director/City Engineer
Atmos Energy Corporation Easement SOUTHLAKE DISTRIBUTION/18
TARRANT COUNTY
08108/2019 TDD
EASEMENT AND RIGHT OF WAY
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TARRANT §
That THE CITY OF SOUTHLAKE, hereinafter called "Grantor," whether one or
more, for and in consideration of Ten and No/100 Dollars ($10.00) and other valuable
consideration to Grantor in hand paid by ATMOS ENERGY CORPORATION, a Texas
corporation, 5420 LBJ Freeway, Suite 1800, Dallas, Texas 75240, hereinafter referred to
collectively as "Grantee", has granted, sold and conveyed and by these presents does
grant, sell and convey unto said Grantee, their successors and assigns, an easement and
right-of-way for gas supply, supporting structures, surface mounted equipment, conduits,
underground gas pipelines, cathodic protection equipment, aerial markers, and all
necessary or desirable appurtenances over, under, through, across, and upon Grantor's
land described as follows:
See Exhibit "A" attached hereto and made a part hereof for all purposes.
Grantor recognizes that the general course of said pipelines, or the metes and
bounds as described above, is based on preliminary surveys only, and Grantor hereby
agrees that the easement and right-of-way and its general dimensions hereby granted shall
apply to the actual location of said lines when constructed.
Together with the right of ingress and egress along and upon said easement and
right-of-way and over and across Grantor's adjoining properties for the purpose of and with
the right to construct, inspect, maintain, operate, repair, remove, replace, reconstruct,
abandon in place, and to change the size and capacity of said pipelines; the right to
relocate along the same general direction of said pipelines; the right to relocate said
pipelines in the same relative position to any adjacent road if and as such road is widened
in the future; the right to prevent excavation within the easement area; the right to prevent
construction of, within the easement area, any and all buildings, structures or other
obstructions which, in the sole judgment of Grantee, may endanger or interfere with the
efficiency, safety, and/or convenient operation of said pipelines and their appurtenances,
and the right to trim or remove trees or shrubbery within, but limited to, said easement
area, to the extent in the sole judgment of Grantee, as may be necessary to prevent
possible interference with the operation of pipelines or to remove possible hazard thereto.
Grantor shall not make changes in grade, elevation or contour of the land or impound water
within the easement area as described above without prior written consent of Grantee.
Grantor reserves the right to use the land within the above described easement area
for purposes not inconsistent with Grantee's use of such property, provided such use shall
not, in the sole judgment of Grantee, interfere with the exercise by Grantee of the rights
hereby granted.
TO HAVE AND TO HOLD the above described easement and right-of-way unto the
said Grantee, its successors and assigns, until all of such pipelines shall be abandoned,
and in that event said easement and right-of-way shall cease and all rights herein granted
shall terminate and revert to Grantor or Grantor's successors, legal representatives and
assigns; and Grantor hereby binds itself, its successors, legal representative and assigns,
to warrant and forever defend the above described easement and right-of-way unto
Grantee, its successors and assigns, against every person whomsoever lawfully claiming
or to claim the same or any part thereof.
2
EXECUTED this day of A.D. 2019.
GRANTOR: CITY OF SOUTHLAKE
By:
Shana Yelverton, City Manager
APPROVED AS TO FORM AND LEGALITY
By:
City Attorney
STATE OF TEXAS §
COUNTY OF §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared , known to me to
be the person whose name is subscribed to the foregoing instrument, and acknowledged to
me that he executed the same for the purposes and considerations therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, on this the day of
A. D. 2019.
Notary Public in and for the State of Texas
My Commission Expires:
Print Name:
3
Exhibit A
BEING a tract of land situated in the Richard Eads Survey,Abstract No.481, City of Southlake,Tarrant County,
Texas and being a portion of Federal Way,an 85 foot wide public right-of-way as created In Blocks 3132,4R1
Southlake Town Square, Phase I,and Blocks 12-14, 17 and 18 Southlake Town Square,Phase IV,an addition to the
City of Southlake,Texas,according to the plat thereof recorded In Cabinet A,Slide 10949 of the Plat Records of
Tarrant County,Texas,and being more particularly described as follows:
COMMENCING at a 5/8-inch Iron rod with a plastic cap,stamped"BURY&PARTNERS"found for the east corner of
Lot 4 of said Block 4111,same being the Intersection of the southwesterly right-of-way line of said Federal Way,an 85
foot wide right-of-way with the northwesterly right-of-way line of Central Avenue,an 82 foot wide right-of-way;
THENCE North 60*4655"West,along the southwesterly right-of-way line of said Federal Way and the northeasterly
line of said Lot 4, a distance of 1.39 feet to the POINT OF BEGINNING of the herein described easement tract;
THENCE North 60045'55"West,continuing along the southwesterly right-of-way line of said Federal Way and the
northeasterly line of said Lot 4, a distance of 10.00 feet to a point for corner;
THENCE North 29"14'05"East,departing the southwesterly right-of-way line of said Federal Way,the northeasterly
line of said Lot 4,and crossing said Federal Way,a distance of 31.21 feet to a point for corner;
THENCE South 60"4555"East,continuing across said Federal Way,a distance of 10.00 feet to a point for corner;
THENCE South 29"14'05"West,continuing across said Federal Way,a distance of 31,21 feet to the POINT OF
BEGINNING and containing 0.007 of an acre(312 square feet)of land,more or less.
NOTES
Bearing system based on the Texas Coordinate System of 1983, North Central Zone(4202), North American Datum of 1983.
EXHIBIT"A"
4E OF p ATMOS EASEMENT
MCPyt57E �qs RICHARD EADS SURVEY,ABSTRACT NO.481
*7 :.* CITY OF SOUTHLAKE,
........................... TARRANT COUNTY,TEXAS
MICHAEL MARX MICHAELB: MARX o
LANREGISTEREDSURVEYOR NO.
5181• ., . �f KimigpMorn
LAND SURVEYOR N0.6187 • '� Q,:
5750 GENESIS COURT,SUITE 200 �9•''��FESS�?'
6]WGen"Ie Ced4 S14te 280 TN.No.(( 3
FRISCO,TEXAS 75034 y0•'�""V 11 FrYdo,Te"e 75034 FlRMg10493822 Fex No.(9]2) 339303
3353]i9
PH.972-335-3580 S g R see I pre n,pg I Cheaad by I pgiq ed No Sneel No.
michael.marx@klmley-hom.wm WA cos rcHA MM4=19 933224590 1oFz
MARX.MICIIAEL U4=1912;0 PM KAFRI_SUnEYW83224806PARKWI RESWENCES-SOUTHLAKMWGWW224W0 ATMOS EASEMENT.OWG
Exhibit A
LEGEND \ SLTS GRAND AVENUE,LP
\P.O.C.=POINT OF COMMENCING DOC.NO.D205049244,R.P.R.T.C.T.
ROB.
\
P. =POINT OF BEGINNING
IRFC=IRON ROD WICAP FOUND LOT 4,BLOCK 14
XF="X"CUT FOUND \ BLOCKS 3R2,4R1,SOUTHLAKE TOWN SQUARE
P.R.T.C.T.=PLAT RECORDS OF TARRANT COUNTY,TEXAS \ PHASE 1,AND BLOCKS 12-14,17 AND 18
SOUTHLAKE TOWN SQUARE,PHASE IV
NOTES \ CAB.A,SL.10949
P.R.T.C.T.
Bearing system based on the Texas Coordinate System of \
1983,North Central Zone(4202),North American Datum of \
1983.
�FRiaH of1.q)'
AYl
\ �XF
LOT 5 \
BLOCK4R1 XF /
BLOCKS 3R2,4R1,SOUTHLAKE \ ATMOS EASEMENT
TOWN SQUARE PHASE 1,AND
BLOCKS 12-14,17 AND 18 0.007 ACRE(312 SQ. FT.)
SOUTHLAPHASENIV SQUARE, XF �J�
CAB.A,SL.10949,P.R.T.C.T. LOT 3R / -Q,
CITY OF
SOUTHLAKE40
SgsSTV
D2 8327�9, / / epobo\
R.P.R.T.C.T. / LOT 4,BLOCK4R1 �2 /
P.O.C.
P.O.B. ' 5/0'I1RFC
/ BLOCKS 3R2,4R1,SOUTHLAKE 'RURY&PARTNERS'
TOWN SQUARE PHASE 1,AND L7/
BLOCKS 12-14, 17 AND 18
/ SOUTHLAKE TOWN SQUARE,
PHASE IV NORTH
LINE TABLE CAB.A,SL.10949,P.R;T.C.T. /
NO. BEARING LENGTH / 0 —
L1 N60'45'55"W 1.39'
GRAPHIC SCALE IN FEET
L2 N60°4555"W 10.8'
L3 N29'14'05'E 31.21'
L4 S60'4555'E 10,00,
115 N29'14'05'E 31.21'
EXHIBIT "A"
�E of T ATMOS EASEMENT
AlP: ' GIST " RICHARD EADS SURVEY,ABSTRACT NO.481
� � 's CITY OF SOUTHLAKE,
.*.. i*•....................:... TARRANT COUNTY,TEXAS
MICHAEL MA MICHAEL B. MARX I
LAN S SURVEYOR
5181 •' '1 Kimley>>> Horn
LAND SURVEYOR NO.5181 %'p9 P
5750 GENESIS COURT,SUITE 200 �9 ''•�Ff S Sly '
6150Gen.s Co d,Wte290 Td.No.((972)3353500
FRISCQ TEXAS 75034 Q .S UR' 1 Fdsw,Tvn 7034 RRM9f0193022 Fax No.(972)3353T79
PH.972-335-3580 � o mbv I Checkedby 1 4
�01 P.k Na. heer N.
michael.marx@kimley-horn.Com 9 V=30' CDs WA o21119 0s 4sao 20F2
MARX.MICHAEL.414=91Z55 PMK.WRI_SURVE110fi322g5D0.PARKVIEW RESIO NCES-SOUn+UV(E1OWG10fi3224500 ATMOS EASEMENr,OWG
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