2014-083s:\Iegal\our documents\ordinances\14\atmos casement grant at landfill ordinance.doc
WHEREAS, Atmos Energy Corporation is slated to be the natural gas utility service
provider for operations at the City's municipal landfill facility, and
WHEREAS, Atmos Energy Corporation ("Grantee") has requested that the City enter
into an Easement Agreement, a copy of which is attached hereto and made a part hereof by
reference (the "Easement Agreement") to extend natural gas distribution facilities for the
provision of natural gas service to City operations, and
WHEREAS, the City Council finds that the Easement Agreement is in the public interest
and the consideration being paid by Grantee constitutes fair market value for the Easement
Agreement; NOW, THEREFORE,
SECTION 1. The findings and recitations contained in the preamble of this ordinance
are true and correct and are incorporated herein by reference.
SECTION 2. The Easement Agreement is hereby approved. The City Manager or his
designee is hereby authorized to execute the Easement Agreement on behalf of the City.
SECTION 3. If any section, article, paragraph, sentence, phrase, clause or word in this
ordinance, or application thereof to any persons or circumstances, is held invalid or
unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of
the remaining portions of this ordinance; the City Council declares that it would have ordained
such remaining portion despite such invalidity, and such remaining portion shall remain in full
force and effect.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of v. , 2014
ATTEST:
JEWIFEV,
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By: . .... ......... . .
OM
EXHIBIT A
to the Atmos Energy Corporation
easement related to 1000 Block of South Mayhill Road
EASEMENT_ AGREEMENT
THE STATE OF TEXAS, §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS:
This Easement Agreement (this Agreement ") is entered into between the City of Denton,
Texas, a home rule municipal corporation of Denton County, Texas ( "GRANTOR ") and Atmos
Energy Corporation, a Texas corporation ( "GRANTEE ").
For and in consideration of Ten Dollars and No Cents ($10.00) and other good and
valuable considerations in hand paid, the receipt of which and sufficiency of which is hereby
acknowledged, and in consideration of the covenants contained herein, GRANTOR and
GRANTEE agree as follows:
1. Subject to the terms of this Agreement, GRANTOR hereby grants to GRANTEE an
easement (the "Easement" or "Easement Property ") over, under and across the tract of
land described in Exhibit "A" and illustrated in Exhibit "B ", both of which are attached
hereto and made a part hereof by reference. This grant is made subject to all matters of
record affecting the Easement Property.
2. The Easement shall only be used for the purpose of and the right to, construct, install,
erect, inspect, operate, replace, change or remove, maintain or connect any necessary
pipelines, fixtures, equipment and appurtenances above and below ground, (the
"Facilities ") used in connection with GRANTEE's business as a natural gas provider.
3. GRANTEE shall have all of the rights and benefits necessary or convenient for the full
enjoyment or use of the right herein granted, including, but without limiting the same to
the free right of ingress to and egress over and across said lands to and from said right -of-
way and easement and the right from time to time to cut, undergrowth and other
obstructions on the Easement Property, that may injure, endanger or interfere with the use
of said facilities. GRANTEE shall also have the ability to remove any trees in the
Easement Property and surrounding areas with the written approval of GRANTOR. The
GRANTEE shall have the right to assign this grant in whole or in part with the written
consent of GRANTOR, which consent shall not be unreasonably withheld.
4. This easement is granted upon the conditions that GRANTEE's Facilities to be
constructed shall be maintained and operated by GRANTEE at no expense to GRANTOR
and GRANTOR shall not be responsible for any costs of construction, reconstruction,
operation, maintenance, relocation, adjustment, or removal of GRANTEE's Facilities.
5. GRANTEE shall and does hereby agree to indemnify and hold harmless GRANTOR
from any and all damages, loss or liability of any kind whatsoever by reason of injury to
person, property or third party occasioned by any negligence or willful misconduct of
Page 1
GRANTEE or its invitees in the use of the Easement Property, including the Facilities
and maintenance of such improvements (but excluding the actions of GRANTOR); and
the GRANTEE shall, at its own cost and expense, defend and protect GRANTOR against
any and all such claims and demands.
6. GRANTEE shall diligently repair any damage to improvements on the Easement
Property or surrounding property and shall restore the surface of the Easement Property
and surrounding property from damage resulting from GRANTEE's use of the Easement
Property.
7. GRANTEE shall, at its own cost and expense comply with all applicable laws, including
but not limited to 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 premises
because of GRANTEE's use thereof.
8. It is agreed that this grant covers all the agreements between the parties and that no
representation or statements, verbal or written, have been made modifying, adding to, or
changing the terms of this Agreement.
TO HAVE AND TO HOLD unto GRANTEE, its successors and assigns, so long as the
right and easement herein granted, or any one of them shall be used by, or useful to, GRANTEE
for the purpose herein granted, with ingress to and egress from the premises for the purpose of
constructing, inspecting, operating, maintaining, repairing, altering, replacing, changing the size
of and removing the Facilities of GRANTEE herein described.
In TESTIMONY WHEREOF, the Parties herein have executed this Agreement this
day of March, 2014.
GRANTOR:
CITY OF DENTON
By: George C. Campbell, City Manager
Page 2
Approved as to form:
Anita Burgess" City Atfd ney
""Denton, Texas
ACCEPTED AND AGREED:
ATMOS ENERGY CORPORATION
By:
Name:
Title:
ACKNOWLEDGMENT(s)
THE STATE OF TEXAS §
COUNTY OF DENTON §
George C. Campbell, City Manager of the City of Denton,.Texas, on behalf of such municipality,
acknowledged this instrument before me on, V1 � '_ . _ 2014.
N tsry Public in and for the State of Texas JANE RICHARDSON
Notary Public, State of Texas
My Commission Expires: fr "° June 27, 201
THE STATE OF TEXAS §
COUNTY OF §
the _ of Atmos Energy Corporation, on
behalf of such corporation, acknowledged this instrument before me on, _
2014.
Notary Public in and for the State of Texas
My Commission Expires:
Page 3
EXHIBIT "A"
ATMOS EASEMENT
0.120 Acre
City of Denton, Denton County, Texas
BEING all that certain lot, tract or parcel of land situated in the Gideon Walker Survey, Abstract Number 1330,
City. of Denton, Denton County, Texas, and being part of a tract of land described by deed to The City ofDentbn,
recorded. under Instrument Number 2013 - 84330, Official Public Records, Denton County, Texas (O.P.R.D.C.T.),
and being more particularly described as follows:
COMMENCING at a 1/2 inch iron rod with yellow cap stamped "Arthur Surveying Company" set for comer being
the southwest comer of said City of Denton tract and the northwest comer of a tract of land described by deed to
The City. of Denton, recorded under Instrument Number 2013- 26880, O.P.R.D.C.T., same point being in the
occupied east right -of -way line of Mayhill Road;
THENCE North 00 degrees 50 minutes 29 seconds East, with the occupied east right -of -way line of Mayhill Road,
a distance of 251.58 feet;
THENCE North 81 degrees 56 minutes 58 seconds East, over and across said City of Denton tract (Instr. No. 2013-
84330), a distance of 33.78 feet to the POINT OF BEGINNING;
THENCE North 81 degrees 56 minutes 58 seconds East, over and across said City of Denton tract (Instr. No. 2013-
84330), a distanc8 of 50.88 feet to a point for comer;
THENCE South 02 degrees 38 minutes 08 seconds West, over and across said City of Denton tract (lustr. No.
2013- 84330), a distance of 109.43 feet to a point for corner;
THENCE North 87 degrees 21 minutes 52 seconds West, fiver and across said City of Denton tract (Instr. No.
2013 - 84330), a distance of 50.00 feet to a point for corner;
THENCE North 02 degrees 38 minutes 08 seconds East, over and across said CIty of Denton tract (Instr. No. 2013-
84330), a distance of 100.00 feet to the POINT OF BEGINNING and containing 0.120 acre of land, more or less.
01107131 -S6
Parcel Ml 11 -Atrnos Esmt
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100 0 50 100
SCALE: V- IW
Bearings shown hereon based on the City of
Denton'OIS Network.
NOTES:
• I.R.F. -12" Iron Rod Found
• I.R.S. - I/2" Iron Rod Set with
yellow cap stamped "Arthur
Surveying Company"
• All improvements not shown hereon
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Cob. P, Pg. 145
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AtrnOs Easement
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TABLE ME
.L,l 1 N81.56 58' 33.787
EXHIBIT "B"
Atmos Easement
0.120 Acre
Gideon Walker Survey,
Abstract Number 1330
City of Denton
Denton County, Texas
-2014-
r' F; b rr lr
rthur Surveying Co, Inc.
prtvf=cmal Land
P.O.Boz 54 — Lewisville, Tem 75087
Office: (972) 221 -9499 Fax:. (972) 221 — .487.5
Estatblished 1988