Sandy Lk Oaks-CS070412972 733 3078
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Facsimile Cover Sheet
To: Ken Griffin, P.E.
Company: City of Coppell
Rhone: 972 -462 -0022
Fax: 972 -304 -3673
From: CHUCK WEST
Company: WEST & ASSOCIATES
Phone: 972 - 713 -8111
Fax: 972- 733 -3078
Date: April 12, 2007
Pages including this 6
cover page:
Comments:
RE: Sandy Lake Qaks Addition Lot t, Block A
Mr. Griffin,
A -'
This is a copy of the Encroachmant Agreement we have worked out with Atmos Energy.
It allows us to install concrete drives and parking, light poles and the a" water line in their
Easement.
We are walting on a fully executed copy but I wanted to get this to you since you are ravl ®wing our
engineering plans nova.
I also was wondering if you have reviewed the plat that we submitted along with the other
drawings. We need to get it filed as soon as possible If you have approved it. Please let me know
if it Is OK as is or needs revisions.
Thanks,
Chuck West
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ENCROACHMENT ON EASEMENT
WHEREAS, Atm E
recorded Cor o
Volume 5475, Page 397 of the DeadRecords ea o allas D a l las
Colunty. Texas Texas, which is record
( "Easement "); and
WHEREAS, Sandy Lakes Oaks, LP ( "Owner "); desires permission to construct, operate and maintain
concrete pavemenUparking, driveway, an 8" water line and placement of light standards ( "Encroaching
Faci[iW) 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. oca of En croaching c i . 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 an requirements imposed by such governmental authorities for the
correction, prevention and abate n i or upon or connected with said Encroaching
Facility. At the conclusion of any n hall remove all debris and other materials from
the Easement Area and restore the Easement Ar 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 approval of the foregoing Items as described and shown on the attached drawing,
marked Exhibit "A" and incorporated herein.
3. Maintenance of Encroac I a Facili 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 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.
D0 2
5. Indemnification 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 reasonable attorney's fees and court costs) of any and every
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040207•ljr
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, unless caused by the gross negligence or willful misconduct of
Atmos.
6. atice. Owner must notify Atmos at telephone number (972) 485.6204, at least 48 hours prior to
beginning any work on the Easement Area.
7. Removal by Ataos If at any time in the future, the Encroaching Facility, in the sole and
reasonable judgment of Atmos, Interferes with Atmos' use or enjoyment of its easement rights, Atmos
shall have the right to remove said Encroaching Facility. Atmos agrees that the Encroaching Facility shall
not be deemed to be interfering with Atmos' use or enjoyment of its easement rights if the Encroaching
Facility is located as described and shown on the attached drawing, marked Exhibit "A" and incorporated
herein. 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 thie Encroaching Facility within the Easement Area;
provided, however, such consent from Atmos shall not be necessary if the Encroaching Facility is
restored to the condition as described and shown on the attached drawing, marked Exhibit "A" and
incorporated herein.
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,
APPROVAL:
Atmos Energy Corporation
By
Scott Powell
Vice President, Metro Operations
Mid -Tex Division
2
04 12 2007 15:22 GRANBERRY COMPANIES 4 9723043673 NO.925
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ACCEPTANCE
Sandy Lakes Oaks, LP,
a Texas limited partnership
By: G.P. Sandy Lakes Oaks, LLC,
a Texas limited "abilit acompany
Its: Gene art
By:
Name: uck West
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 Texas limited
liability company, the General Partner of Sandy Lakes Oaks, L.P., a Texas limited partnership,
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 L. day
(t.nh''o of A. D. 2007.
CAFRE GRM
MY CO ft 2010 - 8
STATE OF TEXAS §
COUNTY OF DALLAS §
Notary Public in aA for the t e of Texas
My Commission Expires: 9 - ' 2- la' &
print Name:
BEFORE ME, the undersigned authority, a Notary Public In and for the State of Texas, on this
day personally appeared Scott Powell, 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 he executed the same for the purposes and consideration therein expressed, in
the capacity therein stated, and as the act and deed of said corporation
GIVEN UNDER MY HAND AND SEAL OF OFFICE, on this the
of A. D. 2007.
Notary Public in and for the State of Texas
My Commission Expires:
Print Name:
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