Sandy Lk Oaks-ES07041204/24/2007 13:54 GRANBERRY COMPANIES 4 9723043673 0 L NO.842 P02
Y 1 V tlne F; RM NO, 196 flallas County �
040207 -fir
ENCROACHMENT ON EASEMENT
WHEREAS, Atmos En®Irgy Corporation ( "Atmos ' is the owner of an easement in Dallas County,
Texas, which is recorded in Volume 5475, Page 397 of the Deed Records of Dallas County, Texas
( "Easement''); and
WHEREAS, Sandy Lakes Oaks, LP ( "Owne("); desires permission to construct, operate and maintain
concrete pavement/parki g, driveway, an 9" water line and placement of light standards ( "Encroaching
Facility ") within the boundarles of the Easement ( "Easement Area ").
I
NOW, THE REFORE, 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 folio' s:
1. location of n r aching Facility Owner may locate the Encroaching Facility in the Easement
Area as described and hown 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. Re% ons o�.Ds,�of Easement Asea Owner shall use only so much of the Easement Area as
may be necessary to c4t-shall truct, maintain and repair the Encroaching Facility Owner shall, at its own cost
and expense, comply 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, prevenfion 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; provided, however, Atmos hereby
acknowledges its approY al of the foregoing items as described and shown on the attached drawing,
marked Exhibit "A" and incorporated herein.
1 Maintenance of
, croac in Facility. . Owner, at Owner's sole expense, shall maintain and
operate the Encroachirg Facility, Atmos will not be responsible for any costs of construction,
reconstruction, operation` maintenance or removal of Owner's Encroaching Facility.
4. Risk jag 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 Owner agrees to defend, indemnify and hold harmless Atmos, its officers,
agents and employees f om and against any and all claims demands, causes of action, loss, damage,
liabilities, costs and exp nses (including reasonable attorney's fees and court costs) of any and every
1
04/24/2007 13:54 _ GRANBERRY COMPANIES 4 9723043673 NO.842 P03
Line F; RAN No, 116 0311 8G County
040207.10
kind or character, known' or unknown, fixed or contingent,
for personal ir+Jury (including death) property or persons.
damage or other .harm r arm f which recovery of damago� Or ' in o sought u
nectlonwith Owner perso
Owner's actions or omiss
including claims based op strict liability, arising out
or the actions or omissio�is of its officers, agents, assoniat�s� emplo yees, Easement or Encro Chong
or the actions or omissi ns n any other person enterin When suc actions or omissions relate to
Facility, including the negligent actions or omissions of Atmos,
Owner's use of the Eas ment Area, unless caused by the gross negligence or willful misconduct of
Atmos.
g, oti e. Owner must notify Atmos at telephone number (972) 483.6204, at feast 48 hours prior to
beginning any work on t T Easement Area.
ure the Encroaching Facility, in the sole and
7_ R emoval b Ay„ tn)os If at any time 1n the fut ' Atmos
reasonable judgment of trnos, interferes with Ftc�t u Atmos agre i rights,
that the Encroaching Facility shall
shall have the right to re ove said Encroaching r no enjoyment of its easement rigrlts if the Encroaching
not be deemed to be int6rfering with Atmos use o e j Y marked Exhibit "A" and incorporated
Facility is located as des Abed and shown on the attached drawing,
removed
herein. Atmos shall noti Owner in writing that within � he
days t:4 EncroaChin a Fe i cil g '�ty has been e removed,
at Owner's sole cost. If, t the end of the go -day period 9
Atmos may remove it, a Owner's expense. Atmos will not be responsib b nor ill form s of paid the
for damages incurred b such removal, including, but not I to Atmos shall have the right
Encroaching Facility or btsiness Interi upt
to immediately remove the Encroaching lilt
Y iwthe Encroach ng is removed, Atmos will not
unreasonably withhold cibnsent for Owner to
rel ocate all he
not be hag Faell ty os
provided, however, such consent from Atm
restored to the conditio6 as described and shown on the attached drawing, marked Exhibit "A" and
incorporated herein.
its
g,
D Terminatlan. it is understood and agreed that, In ult ca u pe riod r tes
agents of the terms and conditions herein stated and such Atn os ma at its election forthwith under shah cease and
(10) days after Atmos Totifies Owner of such default in writing, Y
terminate this agreeme t and upon such termination all of Owner's rights here
carne to an end. This agreement shall also terminate upon the abandonment of the Encroaching Facility,
This agreement shall extiend to and be binding upon Owner and its [heirs,) successors and assigns and
is not to be interpreted a$ a waiver of any rights held by Atmos under its Easement.
APPROVAL:
Atmos Energy\Corporati
B y: ems- A! _ ,.,
sG Poweti
Vice president, Metro Operations
Mid -Tex Division
1)
04/24/2007 13:54 GRANBERRY COMPANIES 4 9723043673
_ { S
ACCEPTANCE:
NO. 842
%0.447 P.
Line F; R/W No. 116 Delius County
04a207ajr
Sandy Lakes Oaks, LP,
a Texas limited partnership
sy:, G.P. Sandy Lakes Oaks, LLC,
a Texas limited liability company
Its: Gener art r/�
N a m e �, R Ft R77W e s t
Title— Member
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 Chuck West, the Member of G.P. Sandy Lakes Oaks, LLC, a Texan limited
liability company, the eneral Partner of Sandy lakes Oaks, L.P., a Texas limited partnership.
Known to me to be the p rson whose the is s ( exp ressed. d acknowledged
to me that he executed the same for t e p rp ses and considerat
G VEN UNDER MY 1 AND
_of A. D. 2007.
MYC OMM EXPIRES
SEAL OF OFFICE, on this the 9 '- _ _ day
Notary Public in an for the of Texas
My Commission Expires: , .: 4 it �.-
Print Name; �� ✓r► P t �7 - tom
STATE OF TEXAS I §
COUNTY OF DALLAS §
BEFORE ME, th undersigned authority, a Notary Public in and for the State of Texas, on this
day personally appeare Scott Powell, Vice President of Atmos Energy Corporation, a Texas
corporation, known to rro 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 consideration therein expressed, in
the capacity therein stat d, and as the act and deed of said corporation.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, on this the I-- . day
of A. D. 2007.
Na p+ia. State of7a Notary Public in and for t e State of Texas
` MY iN1 Oq�
F9 V�. My Commission Expire
ORNMEMI .
Print Name:
FrI.ZA]
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