Item 6F CITY OF
SOUTHLAKE Item 6F
MEMORANDUM
(September 5, 2017)
To: Shana Yelverton, City Manager
From: Rob Cohen, Director of Public Works
Subject: Approve an Encroachment and Joint Use Agreement for
Unleavened Fresh Kitchen outdoor dining in the right of way at
250 State Street.
Action
Requested: Approve an Encroachment and Joint Use Agreement for
Unleavened Fresh Kitchen outdoor dining in the right of way at 250
State Street.
Background
Information: The Unleavened Fresh Kitchen restaurant is located at 250 State
Street in Southlake Town Square — Phase 1.
The applicant is requesting to install outdoor seating and
associated fencing at the intersection of State Street and a private
drive. The outdoor seating area will encroach into City right of way
along State Street and additional seating will encroach into
Municipal and Franchise easements along the private drive.
The proposed outdoor seating will take up approximately 245
square feet of public right of way along State Street. The proposed
plan will leave the existing landscape planter in place. The
proposed plan will have a minimum six (6') foot pedestrian access
along the perimeter of the outdoor seating area.
The proposed additional outdoor seating along the private drive will
take up approximately 94 square feet of municipal and franchise
easements. The proposed plan will have a minimum six (6') foot
pedestrian access along the perimeter of the outdoor seating area.
Easement encroachment agreements are typically staff approved.
In order to have one document for all requested encroachments,
staff is requesting Council to consider the easement encroachment
along with the right of way encroachment.
Financial
Considerations: There are no costs to the City.
Strategic Link: The proposed encroachment agreement links to the city's strategy
map relative to focus area of Performance Management and
Service Delivery. The specific corporate objective that is met by
this agreement is to provide high quality customer service.
Citizen Input/
Board Review: None.
Legal
Review: This is a standard encroachment agreement that has previously
been reviewed by the City Attorney.
Alternatives: The City Council may approve or deny the encroachment
agreement.
Staff
Recommendation: Approve an Encroachment and Joint Use Agreement for
Unleavened Fresh Kitchen outdoor dining in the right of way at 250
State Street.
Supporting
Documents: Location Map
Encroachment Agreement Documents
Staff
Contact: Rob Cohen, Director of Public Works
Kyle D. Hogue, P.E., Deputy Director/City Engineer
Steven D. Anderson, P.E., CFM, Deputy City Engineer
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APPLICATION FOR ENCROACHMENT AND JOINT USE AGREEMENT
OF A RIGHT-OF-WAV
Date of Submittal
To the City of Southlake:
The undersigned hereby makes application to allow an encroachment and joint use of the right-of-way situated on
or abutting property located at -!J f `c� 3O 'AjVt, and described by metes and
bounds In Exhibit No. 'I of the attached agreement,
The reason for the encroachment and use of the right-of-way is as follows:
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SITE ATTACHED NOTARIZATION
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I
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the Identity of the Individual who signed the
document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document.
State of California }
County of ORANGE )
On August 17 2017 before me, Dianne Henderson Notary Public ,
Date Here Insert Name and Title of the Officer
personally appeared Manuel A. Ortiz
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person whose nameW is/ark'
subscribed to the within instrument and acknowledged to me that he/s>e/tbef executed the same In
his/Wtl}eKauthorized capacityyo, and that by his/peY/tf}eiKsignatureXon the instrument the persono
or the entity upon behalf of which the person�%Yacted, executed the Instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
DIANNE HENDERSON WITNESS mA§ign9tt.&e'
and off€cl s al.
Commission#2100590
z :�++� Notary Public -California z
Orange County
M Comm.E fres Mar 17,201,9+ Signator
of Notary Pub
Place Notary Seal Above
OPTIONAL
Though this section Is optional, completing this Information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document Application for Encroachment and Joint Use Agreement
Title or Type of Document: of a Right-of-Way Document Date: 17 August 2017
Number of Pages: Signer(s) Other Than Named Above:
Capacity(lies) Claimed by Signers) Unleavened Fresh Kitchen
Signer's Name: Signer's Name:
❑Corporate Officer --- Title(s): ❑Corporate Officer — Title(s):
❑ Partner -- ❑ Limited ❑General ❑ Partner — ❑ Limited ❑General
❑ Individual ❑Attorney In Fact ❑ Individual ❑Attorney In Fact
❑Trustee ❑ Guardian or Conservator ❑Trustee ❑Guardian or Conservator
❑Other: ❑ Other:
Signer Is Representing: Signer is Representing:
02014 National Notary Association •www.NationalNotary.org - 1-800-US NOTARY(1-800-876-6827) Item#5907
9
Right-of-Way Joint Use Agreement
THE STATE OF TEXAS §
COUNTY OF' §
Be it known, that the City of Southlake, herein after referred to as "City," and its franchised Utility Companies,
herein referred to as tifities," do consent and agree to permit the following
��� W! iA ;{ herein after referred to as"Applicant," to use an right-of-way, situated on or
abutting LOT AVL , BLOCK 2- �, OF ' Q GQ IN THE CITY OF
SOUTHLAKE, TEXAS, as described on the attached Exhibit No. 1, depicted graphically on the attached EXHIBIT
No. 2 and consented to by the public utility companies as listed on the attached EXHIBIT No. 3, to be used for the
purposes of
and being subject to the following conditions:
1.
That the Applicant, his successors or assigns shall maintain in good condition all of the right-of-way area and the
improvements situated thereon; and, that City and Utilities shall not become responsible for such maintenance at
any time in the future.
fl.
That the Applicant shall and does hereby agree to indemnify and hold harmless the City and the Utilities from any
and all damages, loss or liability of any kind whatsoever by reason of injury to property or third person occasioned
by its use of the right-of-way or act of omission, neglect or wrong doing of Applicant, his officers, agents,
employees, invitees or other persons, with regard to the improvements and maintenance of such improvements;
and the Applicant shall, at his own cost and expense, defend and protect City and Utilities against any and all
such claims and demands.
III.
That the Applicant shall arrange for all activities and improvements in the right-of-way to be discontinued and I or
removed within thirty(30) days of written notification, at the discretion of City, for:
(1) Lack of maintenance to the right-of-way;
(2) Failure to provide access to the City or its designees; or
(3) Compliance with a City Council directive that use of the right-of-way by the Applicant be
discontinued and the cost associated with the discontinuing of such activities, and the removal of
such improvements, as well as property adjacent to the right-of-way necessitated by such
discontinuation of the right-of-way use, shall be borne by the Applicant.
IV.
That the Applicant, his successors or assigns shall not seek compensation from City or Utilities for loss of the
value of the improvements made hereunder when such improvements are required to be removed by Applicant.
NAOO-New N Drive1ADMIMISTRATION-PW DEPT1Furms\AgreementslJoint Use and Egcroachrnem Agreement Right-of-Way.duc
V.
This agreement shall be filed of record in the Deed Records of Tarrant County, Texas, and shall bind all future
owners of this lot and shall for all purposes be considered a covenant running with the land.
IN TESTIMONY WHEREOF, Applicant executes this Right-of-Way Use Agreement on this
day of t}- 20 t-j
Y,-.ft "". City of Southlake
Tinted e
9
By By:
Applicant's Signature Mayor
NOTE: Complete the attached acknowledgements.
EXHIBIT NO. 1
Southlake Town Square Phase 1
Being that portion of that certain right of-way situated in Addition/Survey to
the City of Southlake, Tarrant County, Texas, and being more particularly described by metes and bounds as
follows:
Southlake Town Square Phase 1 as recorded in P.R.T.C.T., Cabinet A, Slide
4892. The particular right of way also known as State Street. See Exhibit No. 2
for exact location and dimensions of right of way encroachment.
Municipal and Franchise Utility Easement encroachment along private drive is
more fully described in Southlake Town Square Phase 1 as recorded in
P.R.T.C.T., Cabinet A, Slide 4892 and more particularly shown on Inset 4. See
Exhibit No. 2 for exact location and dimensions of easement encroachment.
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EXHIBIT NO. 2
The following is a drawing depicting the area or portion of the right-of-way and property described in Exhibit No. 1
that is subject to the encroachment and joint use agreement in this application showing the nature of the
encroachment and use with dimensions.
This drawing shall include a north arrow, legal description of the subject property and adjoining properties.
Indicate on the drawing whether the encroachment is for a utility, drainage, private access, easement or right-
of-way.
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EXHIBIT NO. 3
The undersigned public utility companies, using or entitled to use, under the terms and provisions of our
respective franchise with the City of Southlake, do hereby consent to the encroachment and joint use of the
described portion of right-of-way requested in this Application for encroachment and joint use of a right-of-way.
Oncor Electric Delivery Company AT&T/Southwestern Bell Telephone Company
By: By:
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Title: Title:
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Signature: Signature:
Verizon Telephone Company Tri-County Electric Company
By: By:
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Title: Title:
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Signature: Signature:
Charter Communications, Inc. City of Southlake
By: By:
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Title: Title:
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Signature: Signature:
Atmos Energy
By:
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Title:
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Signature: