Park West CC(02-2)-CS050718 (2)T H E T Y · 0 F
MEMORANDUM
TO:
FROM:
VIA:
DATE:
REF:
Robert Hager, Esq., Nichols, Jackson, etal
Keith R. Marvin, P.E., Civil Engineer ]~/.x
Kenneth M. Griffin, P.E., Director of Engineering/Public Works ~.~
July 18, 2005
Park West Commerce Center, Block 2 Lot 2R-3/Majestic Realty
I am seeking your advice on how to proceed with permitting work that has been proposed within
an Atmos Energy easement on this property. It lies on the northwest comer of Belt Line Road
(south) and Airline Drive in the Park West Commerce Center industrial area. Atmos Energy has
refused permission for the contractor to place 35 parking spaces and a fire hydrant over the 50-
foot easement that runs through the property.
The developer, Majestic Realty, provided us with copies of the easement documents originally
drawn up in 1929 allowing Lone Star Gas to occupy the easement. The easement has been
amended since then to contain a description of the easement as a "50-foot easement." The
documents contain no language limiting or prohibiting certain uses, including the planned use as
private parking. The developer has agreed to move the fire hydrant to an alternate location, but
the private parking cannot be located elsewhere, according to their representatives.
My specific question surrounds what the City is allowed to do as a third-party entity having an
interest and/or position in the matter: 1) whether to permit the work; 2) whether to deny the
work; or 3) whether to let the two private parties hash the issue out between themselves.
Copies of the documents pertaining to the matter are attached.