Item 6E MemoCITY OF
SOUTH LAKE
MEMORANDUM
(September 21, 2021)
To: Shana Yelverton, City Manager
From: Rob Cohen, Director of Public Works
Item 6E
Subject: Approve an Encroachment and Joint Use Agreement for Market
by Macy's outdoor patio within the City right of way of State
Street and within multiple utility easements for the development
located at 301 State Street.
Action
Requested: Approve an Encroachment and Joint Use Agreement for Market by
Macy's outdoor patio within the City right of way of State Street and
within multiple utility easements for the development located at 301
State Street.
Background
Information: The Market by Macy's is requesting to construct an outdoor patio
within the City right of way of State Street and utility easement for the
development at 301 State Street.
The proposed patio will occupy approximately 350 square feet of City
right of way. This agreement will allow the developer to construct an
outdoor patio area within the existing parking spaces, sidewalk and
planter located in right of way and utility easements at the southwest
corner of the property.
Staff is requesting City Council to consider the proposed right of way
encroachment of State Street, as well as the City and franchise utility
easement encroachments for the proposed improvements to the
development at 301 State Street. It shall be noted that, per direction
from staff, the developer will not be required to obtain franchise utility
approval signatures until City Council provides approval of the
proposed design.
Financial
Considerations: This is a no cost agreement.
Page 1 of 2
Item 6E
Strategic Link: This item links to the City's Strategy Map strategic focus area of
Safety & Security and Partnership & Volunteerism. It specifically
relates to the City's Corporate Objective, Cl: Achieve The Highest
Standards of Safety & Security. The Critical Business Outcome is,
CBO3: Engage In Thoughtful Planning To Ensure Continued High
Quality Development That Is Integrated Well Into The Current Built
Environment.
Citizen Input: None.
Planning
and Zoning
Commission: The Planning and Zoning Commission recommended that the
encroachment agreement state the outdoor patio fence shall be
removed if the tenant vacates the building
Legal
Review: The City Attorney has reviewed and approved the agreement.
Alternatives: The City Council may approve or deny the agreement.
Staff
Recommendation: Approve an Encroachment and Joint Use Agreement for Market by
Macy's outdoor patio within the City right of way of State Street and
within multiple utility easements for the development located at 301
State Street.
Supporting
Documents: Attachment A: Encroachment Agreement Documents
Attachment B: Location Map
Staff
Contact: Rob Cohen, Director of Public Works
Kevin Ferrer, P.E.,CFM, Deputy City Engineer
Sandy Endy, P.E., Development Engineer
Page 2 of 2
Attachment A
L01
INSTRUCTIONS FOR COMPLETING AN ENCROACHMENT AND JOINT USE AGREEMENT
OF A RIGHT-OF-WAY
All forms shall be signed in ink only by a property owner, legal partner or corporate officer. An authorized agent of
the landowner must submit a Power of Attorney.
PLEASE SUBMIT ALL OF THE FOLLOWING REQUIRED DOCUMENTS:
1. One copy of the Application with an original signature.
2. One copy of the Right -of -Way Joint Use Agreement with an original signature, signed and notarized. Do not
submit copies of signatures and notary acknowledgments.
3. One copy of EXHIBIT NO. 1 that contains the precise metes and bounds description of the part of the right-of-
way to be used. This information is best provided by a registered land surveyor. Note that the City staff is
not authorized to prepare this information. Do not place drawings or plats on this exhibit.
4. One copy of EXHIBIT NO. 2 which shows in graphic form the nature of the encroachment with dimensions.
Please limit the area of usage of the right-of-way to only that needed to accommodate your needs. Plans or
drawings may be reduced, provided the final document is legible. City staff will make final decision on
legibility.
5. The Public Works Department may require an additional EXHIBIT NO. 2A which may include a detailed
drawing or cross sectional drawings of decks, signs, retaining walls, fences, driveways, piers, footings, etc. to
fully evaluate the extent of the right-of-way.
6. One copy of EXHIBIT NO. 3 with original signatures, signed by all agencies listed regardless of whether they
have utility equipment in the easement. This will need to be done before submitting to the City of Southlake.
7. After this agreement is filled out, you will need to return it to Public Works Department and pay:
• The ROW Encroachment Permit Fee of $250
8. This agreement will be circulated through the Planning and Development, Building Inspection and Public
Works Departments within the City of Southlake. Please allow approximately seven to ten working days to
complete the circulation process.
9. Then the agreement will be placed on a City Council Agenda for Council review and approval. Council
approval may take 3-4 weeks.
10. After approval by the City Council and necessary City departments, a copy of the signed agreement is
forwarded to the Building Permit Department for retention in any pending permit files, a copy is retained in the
Public Works Department and a copy is sent to the applicant for their records.
Submit these documents to:
City of Southlake
Department of Public Works
1400 Main Street, Suite 320
Southlake, TX 76092
N:\00-New N D ve\A ENISTRATION-PW EPT\Forms\Agreements\Joint Use and Encroachment Agreement Right-of-Way.doc
L01
APPLICATION FO CR ACHM T A D JOINT USE AG ME T
OF A RIGHT-OF-WAY
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 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:
Printed Name of Property Owner
Signature of Property Owner
Address
City State Zip
Telephone
Fax Number
L01
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 "Utilities," do consent and agree to permit the following
, herein after referred to as "Applicant," to use an right-of-way, situated on or
abutting LOT , BLOCK , OF 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:
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.
M
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.
N:\00-New N D ve\A EVISTRATION-PW EPT\Forms\Agreements\Joint Use and Encroachment Agreement Right-of-Way.doc
V.
This a eement shall be filed of record in the Deed Reco ds of Ta t County, Texas, a d shall bind all future
owne s of this lot and shall for all purposes be considered a covena t running with the land.
IN TESTIMONY WHEREOF, Applicant executes this Right -of -Way Use Agreement on this
day of 20
By:
Printed Name
By:
City of Southlake
Applicant's Signature Mayor
NOTE: Complete the attached acknowledgements.
Note: On co ete the a ropriate acknow edgements
THE STATE OF TEXAS § Corporate Acknowledgment
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, A Notary Public in and for the State of Texas, on this day personally
appeared , known to me to be the person and officer whose name is
subscribed to the foregoing instrument and acknowledged to me that same was the act of said
, a corporation, and that he executed same for the purposes and consideration
therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of , 20
Notary Public in and for the State of Texas
My Commission Expires:
THE STATE OF TEXAS § Individual Acknowledgment
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally
appeared , known to me to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that he executed same for the purposes and consideration therein
expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of , 20
Notary Public in and for the State of Texas
My Commission Expires:
THE STATE OF TEXAS § City of Southlake Acknowledgment
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally
appeared , known to me to be the person and officer whose name is
subscribed to the foregoing instrument and acknowledged to me that same was the act of said
a municipal corporation, and that he executed same for the purposes and
consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OFFFICE this the day of
My Commission Expires:
120
Notary Public in and for the State of Texas
EXHIBIT N
ing that portion of that certain right-of-way situated in _ Addition/Sury y to
the City of Southlake, Tarrant County, Texas, and being more particularly described by metes and bounds as
follows:
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.
EXHIBIT N 2A
The following is a detail and / or cross section drawing of the improvement(s) in right-of-way to be subject to the
encroachment and joint use agreement in this application.
EXHIBIT N 3
he 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
By:
(Please Print)
Title:
(Please Print)
Signature:
Verizon Telephone Company
By:
(Please Print)
Title:
(Please Print)
Signature:
Charter Communications, Inc.
By:
(Please Print)
Title:
(Please Print)
Signature:
Atmos Energy
By:
(Please Print)
Title:
(Please Print)
Signature:
AT&T / Southwestern Bell Telephone Compan
By:
(Please Print)
Title:
(Please Print)
Signature:
Tri-County
Electric Company
By:
(Please Print)
Title:
(Please Print)
Signature:
City of Southlake
By:
(Please Print)
Title:
(Please Print)
Signature:
SERVICE PROVIDER CONT CTS F R
EASEMENTS IN SOUTHLAKE
Oncor Electric elivery
Randy Crelia
2001 N. Industrial
Bedford, TX 760 1
Office: (817) 858-2579
ri-County Electric Cooperative, Inc.
Scott BaumBach, Manager
4900 Keller -Hicks Road
Fort Worth, TX 76244
ffice: (817) 431-1541
Fax: (817) 431-9680
Cell: (817) 980-7152
AT&T/Southwestern Bell
Verizon Telephone
Eric Williams
aul Messenheimer
Manager Engineering Design
1132 Highway 407
1460 Round Table Drive, Room 1000
Lewisville, TX 75067
Dallas, TX 75247
ffice: (972) 318-5186
Office: (214) 745-2964
Fax: (214) 745-8230
Steve Olinsky
ffice: (972) 318 — 5274
Westlake Area:
Sabrina Deaguero
1116 Houston St., Room 1402
Fort Worth, TX 76102
Office: (817) 338-5008
Fax: (817) 338-6781
Charter Communications, INC
tmos Energy (Gas)
Brent Bascom, Construction Coordinator
nibal (Omar) Campos, Project Mgr.
15100 Trinity Blvd, Ste 500
000 Reliance Pkwy
Fort Worth, TX 76155
Bedford, TX 76021
Office: (817) 298 — 3605
ffice: (817) 359-1313
Fax: (817) 359-1338
Jim Friske
nibal.campos@atmosenergy.com
Office: (817) 298-3632
SOUTHLAKE I PROPOSED PATIO PLAN
A
B
C
D
E
F
G
H
J
K
L
M
by*macys
arKet
E
TREE BED
LAMP POST
RECEIVING AREA - MACY'S
RECEIVING AREA - ADJACENT TENANT
PARKING SPACE (TO REMAIN)
NEW GLASS STOREFRONT ENTRY
NEW WOOD BAFFLE - TO MATCH INTERIOR DESIGN
NEW CONCRETE RAMP & STAIR
NEW FLOWER PLANTERS
NEW SEATING / UMBRELLA / BANQUET
NEW SIDEWALK PATH
NEW METAL RAILING / POSTS
1V-5"
NOTE:
NEW FURNITURE WITHIN VICINITY OF EXISTING
MANHOLE WILL BE LOOSE; NO FURNITURE IS
PLANNED TO BE BOLTED DOWN.
=� 1/2"
E
NORTH
NELSON 1 6
57.E
4
VM ...
t*�
Attachment B
Vicinity Map
Market by Macy's Patio
s. -1-.
MAIN 5T iJ O
cry �
140i7
FOU NTAIN
12101 1221 Z"
HAIN S
J
� w �
60
W F
• i i i i E
1452 1510• I&W E
F.M.1749 ESOUT}iLAKE BLVD
1555 1575 =n F.
1451 147'
ZA21-0068
Site Plan
330 6360
1 ,320
Feet