Southlake Town Square (Lot 4R, Block 2R1) - ROW ORIGINAL DOCUMENT
CITY OF SOUTIII4KE
Council ActioN
Ord./Res.No. —
Date Approved 'a ' t 1
APPLICATION FOR ENCROACHMENT AND JOINT USE AGREEMENT
OF A RIGHT-OF-WAY
Date of Submlttal
To the City of Southiake:
The undersigned hereby makes application to allow an encroachmtot and joint use of the right-of-way situated on
or abutting property located at 2517 Tt . `i[ ,�Ot7il�t�l�'4� 4r►1 ` P(, and described by metes and
bounds In Exhibit No. 1 of the attached agreement.
The reason for the encroachment and use of the right-of-way Is as follows:
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Address
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City State Zip
SEE ATTACHED NOTARIZATION
•
CALIFORNIA.GO.
t_.\' T: ; Tl�t Ti :fit Tt : '�'.'\'i\� :\•� ' 'l \'�
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 personX whose nameW isles
subscribed to the within Instrument and acknowledged to me that hels>sAWi executed the same in
his/~authorized capacity(ie!), and that by his/t�&Ptiy KsignatureWon the Instrument the personor,
or the entity upon behalf of which the person>racted, executed the instrument.
DIA dE HENDERSON
Commission # 2100590
Z Notary Public - California
Orange county
Comm. Mar 17,2019 t
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my head and
of Notary
Place Notary Sea! 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 Encroachmen
Title or Type of Document: of a Right -of -Way Document
Number of Pages: Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s) Unleavened
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner ❑ Limited ❑ General
❑ Individuall ❑ Attorney In Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
: and Joint Use Agreement
Date: 17 August 2017
Fresh Kitchen
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attomey in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
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02014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #15907
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 4tilities," do consent and agree to permit the following
1T'N herein after referred to as "Applicant," to use an right-of-way, situated on or
abutting LOT 42 , BLOCK 2R1 , OF -ZUQ SQ\JA�-- 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 C�!t flI N1 N C�
and being subject to the following conditions:
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
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.
That the Applicant shall arrange for all activities and improvements in the right-of-way to be discontinued and / 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.
W00 -New N Drive\ADMINISTRATION-PW DEPT\Forms\Agreements\Joint Use and Encroachment Agreement Right-of-Way.doc
IM
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 I
day of 20 14
By: i4rinted !:,e
Applicant's Signature
r City of Southlake
By: 1� ✓ ` �� i
30,
NOTE: Complete the attached acknowledgements.
AT T
C,K®L ANN BC3RGES, TRMC
CITY SEORETARY
EXHIBIT NO. 'I
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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