Agenda

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Item # 4.g.

City Council (FY24)

Meeting Date:	02/27/2024
Department:	Parks & Recreation
Pillars:	Excellence in Transportation Systems
Milestones:	Improve all modes of transportation with infrastructure in an acceptable condition and well maintained

AGENDA CAPTION:

Consider action on a Resolution approving an encroachment agreement with Explorer Pipeline Company for the construction of a portion of the Cotton Belt Trail authorizing the City Manager to execute the agreement and providing for an effective date.

BACKGROUND:

Since 2018, Dallas Area Rapid Transit (DART) has been working cooperatively with the North Central Texas Council of Governments (NCTCOG) and respective cities along the Silver Line Corridor on a regional partnership to design and construct the Cotton Belt/Silver Line Rail Trail within the DART owned right-of way. To help accomplish this effort, The Town of Addison was awarded $12,275,000 through the 2022 Transportation Alternatives Set-Aside (TA Set-Aside) call for projects in December 2022 for the construction of the Addison Cotton Belt Trail-Midway Road Critical Bridge Section. Funding for the project was released to DART to construct the project.

Plans and specifications for this section of trail prescribe an approximate 200 linear feet of Cotton Belt Trail and associated retaining walls which encroach on Explorer's real property rights. As a part of the encroachment agreement language, Explorer consents and approves Addison's proposed encroachment consisting of a retaining wall identified in Exhibit B. The approved encroachment is permitted only as approved herein, and in its present configuration. The approved encroachment may not be modified, expanded, relocated, materially altered, improved or changed without Explorer's express written consent and agreement.

This type of agreement is standard with any encroachment proposed as a result of any proposed construction, and the agreement must be executed prior to release of the construction documents for the purpose of bidding the Cotton Belt Trail Project.

RECOMMENDATION:

Administration recommends approval.

Attachments
Agreement
Resolution Explorer Encroachment