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HomeMy WebLinkAboutContract 62110City Secretary��, Contract No NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY DOCUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. ENCROACHMENT AGREEMENT THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT XT-25 034 Tarrant 8/28/2023 LAM This Encroachment Agreement ("Agreement") is entered into as of this day of , 2023 (the "Effective Date") by and between ATMOS ENERGY CORPORATION, a Texas and Virginia corporation ("Atmos Energy") and City of Fort Worth ("Owner"). BACKGROUND: WHEREAS, Atmos Energy is the successor -in interest to the "grantee" under that certain easement recorded in Volume 5517, Page 830 of the Deed Records of TARRANT County, Texas ("Easement"); WHEREAS, Owner owns certain real property ("Property") encumbered by the Easement, such Property being more particularly described on Exhibit "A" attached hereto; WHEREAS, Atmos Energy currently maintains a natural gas pipeline and/or pipelines and the appurtenances thereto across the Property; WHEREAS, Owner desires permission to construct, operate and maintain a Sidewalk as specifically described and shown on the attached drawing, marked Exhibit "B". (the "Encroaching Facility") within the boundaries of the Easement ("Easement Area"); and WHEREAS, Atmos Energy is willing to permit Owner to construct, operate, and maintain the Encroaching Facility but in order to ensure Atmos Energy can continue to safely and efficiently carry out the purposes of the Easement, Atmos Energy has requested that Owner agree to the terms set forth below; and e ��1 RECORD CITY SECRETARY WHEREAS, the Owner is agreeable to such terms. AGREEMENT: 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 Energy and Owner agree as follows: 1. Construction and Location of Encroachinq Facilitv. Owner may construct and locate the Encroaching Facility in the Easement Area only as described and shown on the attached drawing, marked Exhibit "B" and in the specific location shown thereon. Owner shall comply with all conditions and requirements of Atmos Energy for the construction of the Encroaching Facility. 2. Maintenance of Encroachinq Facilitv. Owner may not relocate the Encroaching Facility within the Easement Area, nor may Owner modify, enlarge or otherwise redesign the Encroaching Facility (such relocation, modification, enlargement, or redesign being an "Alteration") without the prior written consent of Atmos Energy, which consent shall be granted or withheld in Atmos' sole and absolute discretion. However, ordinary maintenance and repairs may be made to the Encroaching Facility without the consent of Atmos Energy so long as such maintenance and repairs: (i) are performed in such a manner as to maintain the Encroaching Facility as shown on Exhibit "B" hereto; (ii) do not involve excavation within the Easement Area; and (iii) do not require crossing of the pipeline by construction equipment (such ordinary maintenance or repairs which meet the foregoing conditions being "Routine Maintenance"). 3. No Other Encroachments Permitted. Except as expressly permitted in the preceding paragraph, no other encroachments shall be permitted within the Easement Area. The provisions of Section 756.123 of the Texas Health and Safety Code (as amended or replaced) shall continue to govern any and all unapproved encroachments. 4. Notice. Owner must provide five (5) business days' written notice to Atmos Energy prior to commencing the initial installation of the Encroaching Facility, any subsequently approved Alteration, or any maintenance and repairs that do not qualify as Routine Maintenance. Any such notice shall be deemed received by Atmos Energy only upon physical receipt by Atmos Energy at the following address: Atmos Energy Corporation P.O. Box 650205 Dallas, TX 75265-0205 Attn: Right of Way Department 5. 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 and requirements imposed by such governmental authorities for the correction, prevention 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, excluding the Encroaching Facility itself, 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, paving, parking, light standards, shrubs, trees or signs unless approved in advance in writing by Atmos Energy. 6. Maintenance of Encroachinq Facility. Owner, at Owner's sole expense, shall maintain and operate the Encroaching Facility, and Atmos Energy will not be responsible for any costs of construction, reconstruction, operation, maintenance or removal of the Encroaching Facility, 7. Risk and Liabilitv. Owner assume 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 Energy shall not be liable for any damage to the Encroaching Facility or interruption to Owner's business as a result of Atmos Energy's use or enjoyment of its Easement. Any Atmos Energy property damaged or destroyed by Owner or its agents, employees, invitees, contractors or subcontractors, or as a result of the presence of the Encroaching Facility within the Easement Area may, at Atmos Energy's option, be repaired or replaced by Atmos Energy at Owner's expense. Payment is due upon Owner's receipt of an invoice from Atmos Energy. 8. Removal by Atmos Enerqv. If at any time in the future, the Encroaching Facility, in the reasonable judgment of Atmos Energy, interferes with Atmos Energy's use or enjoyment of its easement rights, Atmos Energy shall have the right to require the removal of the Encroaching Facility, Atmos Energy shall notify Owner in writing that within 30 days the Encroaching Facility must be removed at Owner's sole cost. If at the end of the 30-day period the Encroaching Facility has not been removed, Atmos Energy may remove it, at Owner's expense. Atmos Energy 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. Additionally, in an emergency, Atmos Energy shall have the right to immediately remove the Encroaching Facility at Owner's sole expense. If the Encroaching Facility is removed, Atmos Energy will not unreasonably withhold consent for Owners to relocate the Encroaching Facility within the Easement Area. 9. Indemnification. Owner, as well as its successors and assigns, agrees, to the extent permitted by law to defend, indemnify and hold harmless Atmos Energy, its officers, agents and employees from and against any and all claims, demands, causes of action, loss, damage, liabilities, costs and expenses (including attorney's fees and court costs) of any and every 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: (i) Owner's actions or omissions, or the actions or omissions of its officers, agents, associates, employees, contractors or subcontractors, within the Easement Area, or (ii) the existence of the Encroaching Facility. Nothing contained herein shall ever be construed so as to require the Owner, as well as its successors and assigns, to assess, level and collect any tax to fund its obligations under this paragraph. Article XI Section 5 of the Texas Constitution provides that a city is prohibited from created a debt unless the city levies and collects a sufficient tax to pay the interest on the debt and provides a sinking fund. The City of Fort Worth has not and will not create a sinking fund or collect any tax to pay any obligation created under this section. 10. Default and Termination. It is understood and agreed that if Owner fails to comply with any of the terms and conditions contained herein for a period of five (5) days after Atmos Energy notifies Owner of such default, then Atmos Energy may at its election immediately 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. Upon termination of this Agreement for any reason, the covenants and agreements herein shall immediately cease to run with the land and shall no longer be binding upon and for the benefit of the Property, Atmos Energy and Owner, and their respective successors, heirs and assigns. 11. Entire Agreement. This written Agreement contains the entire agreement of the parties hereto (other than any conditions and requirements relating to construction as described in Section 1) and there are no oral or other representations upon which the parties have relied upon in entering into this Agreement. This Agreement and the obligations and rights arising hereunder may not be modified nor waived except by written agreement signed by all parties. 12. Governing Law. The parties expressly agree that this Agreement is governed by and will be construed and enforced in accordance with Texas law without respect to Texas' choice of law rules. 13. Counterparts. This Agreement may be executed in one or more counterparts, all of which together shall constitute the same instrument. 14. No Waiver. A waiver by Atmos Energy of a breach of this Agreement, or the failure of Atmos Energy to enforce any of the articles or other provisions of this Agreement will not in any way affect, limit or waive Atmos Energy's right to enforce and compel strict compliance with the same or other articles or provisions. [Signature Pages Follow] ATMOS ENERGY CORPORATION ADDRESS: 5420 LBJ FREEWAY, SUITE 1800 DALLAS, TEXAS 75240 By: Name: Title: Date: 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, , the VICE PRESIDENT OPERATIONS, MID -TX DIVISION of Atmos Energy Corporation, a Texas and Virginia Corporation, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he or she 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 day of 12023. Notary Public in and for the State of Texas My Commission Expires: Print Name: OWNER: Citv of Fort Worth ADDRESS: �a For orth T Sign:, '� Name: Jesica McEachern Title: Assistant City Manager Date: 9- =-DA ------------------------- STATE OF TEXAS COUNTY OF TCA( (aA+ BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared, -kS� CA V\A r) the Critnj "Wof ('a-wI o.F 4�v c i— W o G4-`, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that s/he executed the same for the purposes and consideration therein expressed, in the capacity therein stated, and as the act and deed of said entity. , I' GIV N UNDER MY HAND AND SEAL OF OFFICE, on this the r� `'� day �P 20240 SawviPErtEz Notary Public in and for the State of Texas My Notary !D # 13040120E Expires OdDber9,2027 My Commission Expires:": q' 2(�Z% Print Name: ACCEPTED AND AGREED TO: CITY OF FORT WORTH INTERNAL ROUTING PROCESS: Approved as to Form and Le lity: By: --- Name: Christopher Austria Title: Assistant City Attorney Approval Recommended: By: Name: Ric rd Zavala Title: Dire for Park & Recreation Department Contract Authorization: M&C: N/A 1295: N/A Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. By: 6L Name: Carlos Gonzalez Title: Park Planner City Secretary: By: A .. Name: nnette Goodall Title: ity Secretary EXHIBIT A Coversheet L-) General Warranty Deed Notice of confidentiality rights: If you are a natural person, you may remove or strike any or all of the following information from any instrument that transfers an interest in real property before it is filed for record in the public records: your Social Security number or your driver's license number. STATE OF TEXAS § COUNTY OF TARRANT § Date: April L. 2012 Grantor: Lewisville 7 Partners, Ltd., a Texas limited partnership Grantor's Mailing Address: 3045 Lackland Rd., Fort Worth, Texas 76116 Grantee: The City of Fort Worth Grantee's Mailing Address: 1000 Throckmorton Street, Fort Worth, Texas 76102 Consideration: Ten and No/100 Dollars ($10.00) and other valuable consideration, the receipt and sufficiency of which consideration are hereby acknowledged. Property (including any improvements): Legal Description attached hereto as Exhibit "A" and made a part hereof for all purposes Reservations from Conveyance: Grantor reserves and retains for the benefit of Grantor, and Grantor's successors and assigns, all oil, gas and other minerals in and under and that may be produced from the Property, together with all and singular the rights and appurtenances thereto in any way belonging, including any reversionary interest under any existing mineral reservation. If the mineral estate is subject to existing production or an existing lease, this reservation includes the production, the lease and all benefits from it. Grantor waives and conveys to Grantee the right of ingress and egress and use of the surface of the Property relating to the portion of the mineral estate owned by Grantor. Nothing herein, however, restricts or prohibits the pooling or unitization of the portion of the mineral estate reserved by Grantor herein with land other than the Property; or the exploration or production of the oil, gas, and other minerals by means of wells that are drilled or mines that open on land other than the Property but enter or bottom under the Property, provided that these operations in no manner interfere with the surface of the Property or subsurface support of any improvements constructed or to be constructed on the Property. Exceptions to Conveyance and Warranty: Validly existing easements, rights -of -way, and prescriptive rights, whether of record or not; all presently recorded and validly existing restrictions, reservations, covenants, conditions, oil and gas leases, mineral interests, and water interests outstanding in persons other than Grantor, and other instruments, other than conveyances of the surface fee estate, that affect the Property; validly existing rights of adjoining owners in any walls and fences situated on a common boundary; any discrepancies, conflicts, or shortages in area or boundary lines; any encroachments or overlapping of improvements; and taxes for 2012, which Grantor assumes and agrees to pay, but not subsequent assessments for that and prior years due to change in land usage, ownership, or both, the payment of which Grantee assumes. Grantor, for the Consideration and subject to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty, grants, sells, and conveys to Grantee the Property, together with all and singular the rights and appurtenances thereto in any way belonging, to have and to hold it to Grantee and Grantee's heirs, successors, and assigns forever. Grantor binds Grantor and Grantor's heirs and successors to warrant and forever defend all and singular the Property to Grantee and Grantee's heirs, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty. When the context requires, singular nouns and pronouns include the plural. Lewisville 7, Partners, Ltd By Windfall Investments, Inc. its ge artnn-err �d� BY:4---- -/Il i Fleet, President STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged before me on the day of /Viia Y 2012, by Tim H. Fleet, as President of Windfall Investments, Inc., the General Partner of Lewisville 7, Ltd., for and on behalf of the limited partnership. A Notary Public, State of Texas ,�°�`►+n MIRIAM VELA Notary Public. State Of Texas ,r My Commission Expires October 06. 2015 Exhibit "A" PROPERTY DESCRIPTION (PARK BOUNDARY) Being an 8.503 acre tract of land situated in the HIRAM LITTLE SURVEY, ABSTRACT NO. 930 and being a portion of that tract of land described in deed to Lewisville 7 Partners, Ltd. As recorded in Volume 16555, Page 31, Deed Records, Tarrant County, Texas, said 8.503 acre tract of land being more particularly described by metes and bounds as follows: BEGINNING at a'/2 inch capped steel rod stamped "Beasley RPLS 4050" found in the westerly right-of-way line of Oak Grove Road (a variable width right-of-way) and being a corner in the east line of said Lewisville 7 Partners tract; THENCE S22022'29"E, along the east line of said Lewisville 7 Partners tract and the west line of said Oak Gove Road, a distance of 30.78 feet; THENCE S54025'03"W, leaving said east line of said Lewisville 7 Partners tract and the west line of said Oak Grove Road, a distance of 82.30 feet; THENCE S78001'51"W, a distance of 587.58 feet; THENCE S84005'25"W, a distance of 18.32 feet; THENCE N00006'58"E, at 333.52 feet passing the southeast corner of Lot 10, Block 8, Deer Meadow Addition, an addition to the City of Fort Worth, Tarrant County, Texas according to the plat recorded in Cabinet A, Slide 11265, Plat Records, Tarrant County, Texas in all a total distance of 454.92 feet to the northeast corner of said Lot 10, Block 8 in the southerly right-of-way line of Fallow Deer Drive (a 50' right-of- way) and being at the beginning of a curve to the left having a radius of 75.00 feet and whose long chord bears N 39°33'52"E, a distance of 95.31 feet; THENCE along said curve to the left, continuing with the southerly right-of-way line of said Fallow Deer Drive, through a central angle of 78°53'48", an arc length of 103.28 feet to a point in the easterly right-of-way line of said Fallow Deer Drive; THENCE N00006'58"E, along the easterly right-of-way line of said Fallow Meadow Drive, a distance of 215.00 feet to a point at the intersection of the easterly right-of-way line of said Fallow Deer Drive and the southerly right-of-way line of Doe Meadow Drive (a 50' right-of-way); THENCE S89053'02"E, along the southerly right-of-way line of said Doe Meadow Drive, a distance of 123.56 feet to the northwest corner of Lot 9, Block 8, said Deer Meadow Addition; THENCE S 00006'58"W, leaving the southerly right-of-way line of said Doe Meadow Drive, along the west line of said Lot 9, Block 8, a distance of 110.00 feet to the southwest corner of said Lot 9, Block 8; THENCE S89053102"E, along the south line of said Lot 9, Block 8, a distance of 465.04 feet to a point in the east line of said Lewisville 7 Partners tract and the westerly right-of-way line of said Oak Grove Road; THENCE S00017132" W, along the east line of said Lewisville 7 Partner tract and the westerly right-of-way line of said Oak Grove Road, a distance of 432.11 feet to the POINT OF BEGINNING and containing 370,377 square feet or 8.503 acres of land more or less. PARK BOUNDARY EXHIBIT 8.503 ACRES BEING SITUATED IN HIRAM LITTLE SURVEY, ABSTRACT NO. 930 1 J { lB 17 16 1 15 � !4 � 1J 11 If � f0 � 9 / B 7 fi 5 4 `( LOCK 1 19 ?O ?J 22 7J 2I� 2rt 27fCA NO 1 28 �7 �54 29 Jd 31 JZ 33 S5 � 6h S89'53'02'C .}......_I ,.I .... C�. NQ-6 i C) >>� 123.58 DOE MEADOW DR , Nos i I 0� 1\0 :'i 1 0.pp' BLOCK 8 O 7 6 s, ,(j 5 G 1 I 9 B 7 I s I�5 14 I J I f1 1. E #65.04'- ....' C7 r 100, 1B 129 I JO / ``'-- ,7 m,,r or •af AW I -AM li Wr O BLOCK 7 1 NYuif ssf7, PA&f SM FALLOW DEER DR � (�S LY/iRrrV[D er sue tRS/ � M t r ew78'S3'4W f I CS 3 16 18 i f4 I fJ f2 11 JQ ' ' r"'ai.7i' iv i BLOCK 8 N L-103 28' _ _ - - - cti LC-N34'33'52'E r APPROXIMATE 100 YR ' t FL 000PLAIN w 1 rl7' Cwi+9CD Snit At7p IL) sfA ar7 iulP a�lcs 1' _ �I / S5425'03'�w ��� 16 S7a � 0, �jj .�, �G}`, � O . 3 20' s. rARY .Stl1ER CASEA�7Vr / �OL ' KxuA/£� . rc r F 2�6 OAA' 7RO VE ELEAfENTARY SCHOOL AD 1TJON C. C. NO.. 02074042J7 P.R. r. C, T. APPROXIMA TE 100 YR' FL000PLAIN PARK BOUNDARY EXHIBIT 8.583 ACRES BEING SITUATED IN HIRAM LITTLE SURVEY, ABSTRACT NO. 930 SCALE: 1 "= 200' 78' POINT of BJFGRVNBVG GRANTOR: LEw'ISVILLE 7 PARTNERS, LTD. GRANTEE: CITY OF FORT WORTH PROJECT: Deer Meadow Park ACRES: 8.503 City of Fort Worth CODE: ZCFW9/178 Parks & Community Services Department 4200 South Freeway, Suite 2200 ACCOUNT: 756000528 Fort Worth, Texas 76115 (817)392-5744 M&C: L-15401 DATE: July 17, 2012 COMPREHENSIVE PLANNING: GJ RETURN TO: CITY OF FORT WORTH. PARKS & COMMUNITY SVCS DEPT 1000 THROCKMORTON STREET FORT WORTH, TEXAS 76102 (ATTN: Assistant Director, PRM) MARY-LOUISE GARCIA t COUNTY CLERK 100 West Weatherford Fort Worth, TX 76196-0401 i yt Y k PHONE (817) 884-1195 CITY OF FORT WORTH 4200 S FREEWAY STE 2200 FT WORTH, TX 76115 Submitter: CITY OF FORT WORTH/ PARKS AND COMMUNITY SERVICE DE DO NOT DESTROY WARNING - THIS IS PART OF THE OFFICIAL RECORD. Filed For Registration: 7/18/2012 8:51 AM Instrument #: D212172218 WD 6 By:---- D212172218 PGS $32.00 ANY PROVISION WHICH RESTRICTS THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW. Prepared by: MGSALAZAR EXHIBIT B Coversheet I Oew r/TC YT r i0 •4 . I E (� l?ctS� L•T4- v/. 7S) T/s ,S" SiA�W�tK 1 M 643.75 / I I , , 3441.75) i 'i,r•; O------- -- 639.7' '.75 6A0.50 640.5R 640.16- ,I Lq � =�G 641.OB S 640.00 639.75 TOSG Dallas FortWorth tlutto 214.352.9091 817.740.24DO 512.354.4970 ���. / 638.7! 639.7: - / +=639.75 TOSG ��""� Decorative Farmers Branch Decorative Austin , I; r ` 972.227.6726 512.717.9001 1, l y y' / 639.45 - `� 1-'637.91 83 630.70 NE MATCH LIA N - r I'lj1! " I, I; "---------'.4—�—, I',IIwo , DEER MEADOWS PARK - GRADING PLAN c ,6 3D 60 00 � FEET 0 NOTES OPROPOSE TREE PROTECTION.e PLAYGROUND DRAINAGE OPROPOSED SYSTEM (ROCK, FABRIC, PERFORATED PIPE POP41P EMITTER) eeP®6 O 0PLAYGROUND-1OPOFTHEMOWSTRIP® 641.OB, WIT" TOP OFTHESURFACING® 640.01 FS C70R SHALL CLEAR ALL BRUSH, ®e TREES, ETC. WITHIN A r AREA FROM THE TRAIL EDGE ON BOTH SIDES OF THE TRAIL. ALL SIDES OF THE TAL ALL O STUMPS, LIMBS. VINES, TEX SHALL BE r _ REMOVE. ANY TREES r IN CALIPER AND UP WITHIN THE C CLEARED AREA SHALL BE ^W PRESERVED. ANY TREES IN QUESTION FOR PRESERVATION SHALL BE BROUGHT TO THE ATTENTIONOFTHE LANDSCAPE ARCHITECT AND OWNER, TREES WITHIN THE CLEARED 4' PAEA SHALL BE PRUNED TO A HEIGHT OF T, OPRNG SHALL BE DONE TO ASNI �¢%{ Y 5 STANUNIDARDS. m ,{ A e®e �TFOF1t+0? ©ANY OAKCUT OR PRUNED SHALL BE ,p, 7-ur,v; PAINTED WINOUND DRESSING WITHIN 30 M ES OF EXPOSURE TO MITIGATE OAK WILT. OMISED DRAINAGE O SYSTEM (ROCK. FABRIC. ABRIC PERFORATED PIPE. PVC PIPE A PORUP DRAINAGE EMITTER) STATION- TOP OF THE MOW STRIP Q ®FITNESS ® 639.5a WITH TOP OF THE SURFACING 630.41 FS ! ^ `FJ/ ®SE SEE GENERAL CONSTRUCTION NOTES (PAGE 2OF 27)) FOR ADDITIONAL ( Y INFORMATION. „u Q G_ z L W 4 > O a ❑ C7 O �� 0 �4 0 �. W � W ❑ CONTACT NUMBERS a. CABLE ['/,LL BEFORE YOU DID• 14-515-5 LONE STAR GAS: 1-0D666S8344 ATI,T: 1-0OnJae-17 ONCOR: ,8DDJ44AJi] eHax �yt'YrS can Ma,.wma SHEET 1B OF 2T FILE NO FORTWORTH, lroo'm� DATE: September 24, 2024 TO: Christopher Austria, Assistant City Attorney Valerie Washington, Assistant City Manager Jannette Goodall, City Secretary FROM: Joel McElhany, Assistant Director Park & Recreation Department SUBJECT: EXECUTION OF ENCROACHMENT AGREEMENT WITH ATMOS ENERGY FOR DEER MEADOW PARK TRAIL CROSSING Please find the attached encroachment agreement with Atmos Energy for your review and signature. The agreement aims to provide the City of Fort Worth/Park & Recreation Department the right to cross their easement to build a sidewalk trail at Deer Meadows Park. Exhibit B shows the trail layout. Once the agreement is signed, please get in touch with Carlos Gonzalez at (817) 392- 5734 or email at carlos.gonzalez@fortworthtexas.gov. C: Scott Penn, Sr. Capital Projects Officer, PARD Jing Yang, Landscape Architect, PARD project file PARK & RECREATION DEPARTMENT City of Fort Worth, 4200 South Freeway, Suite 2200, Fort Worth Texas, 76115-1499 (817)-392-5700(PARK) Fax (817)-392-5724