The Shops at Southlake (Lot 5, Block 1) - Easement Joint Use Agreement ;
ORIGINAL DOCUMENT
1 ,
1 ; ; CITY OF SOUTHLAKE
Council ActionON
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DOartde./R
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Approved
s.No.
, g 414 t --
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APPLICATION FAR ENCROACHMENT AND JOINT USE AGREEMENT i
OF A PUBLie DRAINAGE AND I OR UTILITY EASEMENT
40P P. I 1 24)Z.
Date of Subinittal
1 1
1 1
To the City of Southiake:
The undersigned hereby makes l ppliCetion to allow an encroachment and joint use of a portion of the public
drainage and / or uti ipj easement situated on or abutting property located at
TheShops of Southiakel_ , and described by metes and bounds in Exhibit No. of the
l
0 attached agreement:
The reason for the encroachment and use of the easement is as follows;
Construction of an outdoor patio shade structure.
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,I Carro11/1709 Ltd .i 214-720-0000
Pi-riteif k .:ii -.,.e -17,7ii-0 Owner 1i Telephone
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sio-61-to---of poioitti maid' ri.--- Fax Number
3102 Maple Av_enufh.Suite35_0
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Address 1 .
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t. Dallas. TX •fi 75201
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Easement 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
Carroll/1709, Ltd. , herein after referred to as "Applicant," to use an easement, situated on or
abutting LOT 5 , BLOCK 1 , OF The Shops of Southlake 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 Construction of an outdoor patio&shade structure.
and being subject to the following conditions:
That the Applicant, his successors or assigns shall maintain in good condition all of the easement area and the
improvements situated thereon; and, that City and Utilities shall not become responsible for such maintenance at
any time in the future.
II.
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 easement 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.
Ill.
That the Applicant shall arrange for all activities and improvements in the easements 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 easement;
(2) Failure to provide access to the City or its designees; or
(3) Compliance with a City Council directive that use of the easement 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 easement necessitated by such
discontinuation of the easement, 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.
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V.
1, i 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 a,,,purposes be considered a covenant running with the land.
#' IN TE_ IMati:klY,WHEREOF,Applicant executes this Easement Agreement on this ,GIs T day of
City of Southiake
David Palm ( f\C.
k i r - 'nte s--` . - d Printed Na
i .• icanYs Signature Y°r ‘‘N,\I 1 N LA6K 1/,
{ E NOTE Complete the attached acknowledgements.
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AMY S LE RM '
CITY SECRETA Y °®,,,,, •." �10®.°e ®
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Note: Only complete.the appropriate acknowledgements
' 1 THE STATE OF TEXAS Corporate.Acknowledgment
! t COUNTY OF TARRANT i§
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BEFORE ME,nth undersigned authority, A Notary Public in and for the State of Texas, on this day personally
appeared �i known to me to be the person and officer whose name is
! ' ubscnbed to the fore `g !instrument and acknowledged to me that same was the act of said
4)5.1.L&I1k.14.N.':. ,; corporation, and that he executed same for the purposes and consideration
thereinnlleklpressed and in the cap;city therein stated.
'I
' GIVEN UNDER MY HAND AND sLEAL OF OFFICE this the gel day of JQMuele 200a, .
p%��y p///� V RONICA.LOMAS () 47/b6
f ;r°'*Gas Notary Public,State of Texas Notary Public in and for the State of Texas
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m :Expires 06-27-2024
My Commis of D t 28 ,
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THE STATE OF TEXAS §i Individual Acknowledgment
COUNTY OF 4 ktie. §
1 DakQS au-
BEFORE ME.,the unc-ersr a „authority,.a Notary Public in and for the State of Texas,on this day personally
appeared- T2 t Lt`.d'C..ro z° .;known to me to be the person whose name is subscribed to the
I foregoing instrument and to`iriethat he executed same for-the purposes and consideration therein
'.i expressed.
GIVEN UNDER MY HAND';AND•SEAL OF OFFICE this the. ZI day of 20 Z1 .
f I ' '°"°y= JOYCEINATSON_*:. zti. My Notary lD.a 11192764 ._-611/1)-*.elii/ •
'4%_. Expires Junezi'2022 ry
Nota Publie.i i en for the State of Texas
My Corr= �i,� vviti Q....__-
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THE STATE OF TEXAS § li
City..of:5outhiake Acknowledgment. COUNTY OF TARRANT §1 BEFORE ME, the undersigned ourority, a Notary Public in and for the State of Texas, on this day personally
appeared .._'-:T _ -- , 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
,I , a murrtieipal corporation, and that he executed same for the purposes and
l? consideration therein expressed and`in the capacity therein stated.
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GIVEN UNDER MY HAND AND SEAL' OFFFICE this the day of ,20
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Notary Public in and for the State of Texas
My Commission Expires: -
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EXHIBIT NO. 1
Being that portion of that certain public utility easement / drainage easement situated in
Addition/Survey to the City of Southlake, Tarrant County, Texas, and being
more particularly described by metes and bounds as follows:
(SEE NEXT PAGE)
Variable Width Utility Easement Joint Use Agreement
The Shops at Southlake
Tarrant County,Texas
•
BEING a joint use agreement description over a variable width utility easement across an 8.7147
acre tract of land situated in the John A Freeman Survey,Abstract No. 529,said tract also being Lot
5,Block 1,The Shops of Southlake,an addition to The City of Southlake,Tarrant County,Texas'
according to the plat thereof recorded in Cabinet A,Page 12458 of the Plat Records of Tarrant
County,Texas, said joint use agreement being more particularly described by metes and bounds ds
follows;
COMMENCING at a 1/2" iron rod found for corner in the south right-of-way line of East Southlake
Boulevard (130 foot right-of-way) for the northeast corner of said 7.5985 acre tract and also being
the northwest corner of Lot 1R in Block 1 of Gorbutt Addition,an Addition to the City of Southlake,
Texas,according to the plat thereof recorded in Cabinet'A', Slide 9210, of the Plat Records of
Tarrant County,Texas;
THENCE South 27°37'39"West for a distance of 87.72 feet to a point for corner in the east line of
an existing variable width utility easement,said point being the POINT OF BEGINNING of said
joint use agreement area;
THENCE South 01°23'47" West with the east line of said variable with utility easement for a
distance of 45.33 feet to a point for corner;
THENCE North 88°36' 13" West with the south line of said variable width utility easement for a
distance of 10.00 feet to a point for corner;
THENCE North 01°23'47"East with a west line of said variable width utility easement for a
distance of 45.33 feet to a point for corner;
THENCE South 88° 36' 13"East a distance of 10.00 feet,to the POINT OF BEGINNING and.
containing 0.0104 Acres(454 Square Feet)of land more or less.
•�� OF TF• ,
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LAWRENCE A. CATES )-1
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.0 3717
9•13�0rES S10?40
8.31.21
SHEET 1 OF 2
VARIABLE WITH UTILITY EASEMENT EXHIBIT NO. 1
LOT 5, BLOCK 1
THE SHOPS AT SOUTHLAKE, CAB. A, PG. 12458 JOINT USE AGREEMENT OF VARIABLE
JOHN A. FREEMAN SURVEY, ABSTRACT NO. 529 WIDTH UTILITY EASEMENT
TARRANT COUNTY, TEXAS
8.31.21
LAC NO. 027-007B
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0 20' 40'
Nom
=40'
O RICHARD EADS SURVEY - ABSTRACT NO. 481 CENTERLINE
JOHN A. FREEMAN SURVEY - ABSTRACT NO. 529
EAST SOUTHLAKE BOULEVARD
zi, F.M. HIGHWAY NO. 1709
�o (130' RIGHT—OF—WAY)
P.O.C.
, S 88'37'53" E — 485.32' r jV
COI•
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20' WATER LINE ESMT
• , VOL 12571, PG 205
ti 20' UTILITY ESMT
1— i ^ ^. VOL 388-156, SL 12 l
IV
LOT 5, BLOCK 1 VARIABLE WIDTH (7
UTILITY ESMT— 8
THE SHOPS CAB A, PG 12457 _
AT SOUTHLAKE • LOT 1R, BLOCK 1
CAB A, PG 1256. a — GORBUTT ADDITION
T.
PRTCT\ REST./ r �� CAB A. SL 19210
1 Zap PRTCT
S.F. RETAIL ,, ,
RY 'i / saa;:ovEz. 6,750 S.F.ir,.
�' P.O��B.
G-- STORY
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i 7 112
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\ LINE TABLE A,� �`G1 ° ••
LEGEND
IRF IRON ROD FOUND N0. BEARING DISTANCE
C.M. CONTROLLING MONUMENT LAWRENCE A. CATES '
C B CABINET
L1 S 01'23'47" W 45.33' ,0 3717
�
PG PAGE L2 N 88'36'13" W 10.00' (. 15OFESS14.,�Pv.y0 Q-
•.,
BASIS OF BEARINGS: Plat of Lots 1-5, L3 N 01'23'47' E 45.33' ;4'9,L• SQa r+re..le".15
Block1,The Shops at Southlake, as L4 S 88'36'13" E 10.00' ' , ' ; 8.31.21
recorded in Cabinet A, Page 12457,
Plat Records of Tarrant County,Texas. SHEET 2 OF 2
VARIABLE WITH UTILITY EASEMENT EXHIBIT NO. 1
LOT 5, BLOCK 1
THE SHOPS AT SOUTHLAKE, CAB. A, PG. 12458 JOINT USE AGREEMENT OF VARIABLE
JOHN A. FREEMAN SURVEY, ABSTRACT NO. 529 WIDTH UTILITY EASEMENT
TARRANT COUNTY, TEXAS
8.31.21
LAC NO. 027-0078
EXHIBIT NO. 2
The following is a drawing depicting the area or portion of the easement 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.
(SEE NEXT PAGE)
-W SI-
EXISTING;
`i t <
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o T
A RICHARD EADS SURVEY - ABSTRACT NO. 481 0 7-
- 'JOHN A. FREEMAN SURVEY - ABSTRACT NO. 529 7 -0 7
": SIGNAL
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VARIABLE WIDTH \
UTILITY ESMT
CAB A, PG 12457 ,
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,...a_l / I 4 N88 37'53"W 84.50 1 I I z '1
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N REST./ i �� WOOD OR LLJ w � 1-• -
• J 03 D�CKING� o I .
1.
r, RETAIL I Q ; 1
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..F•L" N ON 6,750 S.F. o-' / R f 1 I8' CONC. SIDEWALK I- i' .
IY N o 1 STORY N f EL:.
I L r
N— N- ENCROACHMENT z v ;', ao
o AREA
z— ,588�,7f53"E Nco /•N� zDi-T k J8
3 E `� • N88 37'53"W �70.50' 1 0 r v m
v - - - wC�
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}-10-1,- i ‘ pl‘ (? v, ,.,G .a 111--- ----- - . 7 .--• w F- ,
LOT 5 in �' —
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EXHIBIT NO. 2
EASEMENT JOINT USE AGREEMENT
LOT 5, BLOCK 1
THE SHOPS AT SOUTHLAKE,
SOUTHLAKE, TEXAS e-'3t'21
LAC NO. 0270078
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 such drainage and / or utility easement requested in this Application for encroachment and
joint use of a public drainage and utility easement.
TXU/ONCOR AT&T
By: By:
(Please Print) (Please Print)
Title: Title:
(Please Print) (Please Print)
Signature: Signature:
Frontier/Verizon Tri-County Electric Company
By: By:
(Please Print) (Please Print)
Title: Title:
(Please Print) (Please Print)
Signature: Signature:
Spectrum/Charter Communications City of Southlake
By: By:
(Please Print) (Please Print)
Title: Title:
(Please Print) (Please Print)
Signature: Signature:
Atmos Energy One Source
By: By:
(Please Print) (Please Print)
Title:
Title:
(Please Print) (Please Print)
Signature:
Signature:
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 such drainage and / or utility easement requested in this Application for encroachment and
joint use of a public drainage and utility easement.
TXU/ONCOR AT&T
By: Aaron Burt By:
(Please Print) (Please Print)
Title:Utility Design Coordinator Title:
(Please Print) (Please Print)
Signature: 4 - 5c4t Signature:
Frontier Verizon Tri-County Electric Company
By: By:
(Please Print) (Please Print)
Title: Title:
(Please Print) (Please Print)
Signature: Signature:
Spectrum/Charter Communications City of Southlake
By: By:
(Please Print) (Please Print)
Title: Title:
(Please Print) (Please Print)
Signature: Signature:
Atmos Energy One Source
By: By:
(Please Print) (Please Print)
Title:
Title:
(Please Print)
(Please Print)
Signature:
Signature:
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 such drainage and / or utility easement requested in this Application for encroachment and
joint use of a public drainage and utility easement.
TXU/ONCOR AT&T
By: By: Eric Williams
(Please Print) (Please Print)
Title: Title: Manager Engineering Design
(Please Print) (Please��� Print)
Signature: Signature: ( i 2 l�t/a,1
Frontier/Verizon Tri-County Electric Company
By: By:
(Please Print) (Please Print)
Title: Title:
(Please Print) (Please Print)
Signature: Signature:
Spectrum/Charter Communications City of Southlake
By: By:
(Please Print) (Please Print)
Title: Title:
(Please Print) (Please Print)
Signature: Signature:
Atmos Energy One Source
By: By:
(Please Print) (Please Print)
Title:
Title:
(Please Print)
(Please Print)
Signature:
Signature:
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 such drainage and / or utility easement requested in this Application for encroachment and
joint use of a public drainage and utility easement.
TXU/OMCOR AT&T
By: By:
(Please Print) (Please Print)
Title: Title:
(Please Print) (Please Print)
Signature: Signature:
Frontier/\/erizon_ Id-County Electric Company
By: 006&id G 4 i7-7 's- By:
(Please Print) (Please Print)
• Title iU 'rl/i' 1 1 e14.35 e- Qf Q05 Title:
(Please Print) (Please Print)
Signature: -, Signature:
Spectrums Charter Communications City of Southlake
By: By:
(Please Print) (Please Print)
Title: Title:
(Please Print) (Please Print)
Signature: Signature:
Atmos Energy One Source
By: By:
(Please Print) (Please Print)
Title: Title:
(Please Print) (Please Print)
Signature:
•
Signature:
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 such drainage and / or utility easement requested in this Application for encroachment and
joint use of a public drainage and utility easement.
TXU/ONCOR AT&T
By: By:
(Please Print) (Please Print)
Title: Title:
(Please Print) (Please Print)
Signature: Signature:
Frontier/Verizon Tri-County Electric Company
By: By: Daren Curry
(Please Print) (Please Print)
Title: Title: Director of Engineering
(Please Print) (Please Print)m
Signature: Signature: �/aa erd,
Spectrum/Charter Communications City of Southlake
By: By:
(Please Print) (Please Print)
Title: Title:
(Please Print) (Please Print)
Signature: Signature:
Atmos Enerqy One Source
By: By:
(Please Print) (Please Print)
Title:
Title:
(Please Print)
(Please Print)
Signature:
Signature:
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 such drainage and / or utility easement requested in this Application for encroachment and
joint use of a public drainage and utility easement.
TXU/ONCOR AT&T
By: By:
(Please Print) (Please Print)
Title: Title:
(Please Print) (Please Print)
Signature: Signature:
Frontier/Verizon Tri-County Electric Company
By: By:
(Please Print) (Please Print)
Title: Title:
(Please Print) (Please Print)
Signature: Signature:
Spectrum/Charter Communications City of Southlake
By: Marla Collier By:
(Please Print) (Please Print)
Title:Business Development Specialist Title:
(Please Print) (Please Print)
Signature: Signature:
Atmos Energy One Source
By: By:
(Please Print) (Please Print)
Title: Title:
(Please Print) (Please Print)
Signature:
Signature:
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 such drainage and / or utility easement requested in this Application for encroachment and
joint use of a public drainage and utility easement.
TXU/ONCOR AT&T
By: By:
(Please Print) (Please Print)
Title: Title:
(Please Print) (Please Print)
Signature: Signature: _ _ _
Frontier/Verizon
Tri-County Electric Company
By: By:
(Please Print) (Please Print)
Title: Title:
(Please Print) (Please Print)
Signature: Signature:
Spectrum/Charter Communications City of Southlake
By: By:
(Please Print) (Please Print)
Title: Title:
(Please Print) (Please Print) 1
Signature: Signature:
Atmos Energy One Source
Greg Zylka
By: By:
(Please Print) (Please Print)
Title: Project Specialist
(Please Print
Title:
(Please Print)
Signature:
Signature:
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 such drainage and / or utility easement requested in this Application for encroachment and
joint use of a public drainage and utility easement.
•
TXU/ONCOR AT&T
By: By:
(Please Print) (Please Print)
Title: Title:
(Please Print) (Please Print)
Signature: Signature:
Frontier/Verizon Tri-County Electric Company
By: By:
(Please Print) (Please Print)
Title: Title:
(Please Print) (Please Print)
Signature: Signature:
Spectrum/Charter Communications City of Southlake
By: By:
(Please Print) (Please Print)
Title:_ Title:
(Please Print) (Please Print)
Signature: Signature:
Atmos Energy One Source
By: By: J&...'a , .:,. b /1/3 W7J.14-
(Please Print) (Please Print)
Title: Title: 12;•ca/o, d1 o s
(Please Print)
(Please iint)
Signature: Signature.- -
CSO SIGNATURE FORM
This form must accompany any document sent to the Mayor for signature. The
document must be reviewed and initialed by the Project Manager and Department
Director.
Document Title: Application for Encroachment and Joint Use Agreement
Date: 01/04/2022
Need Council Action: Yes, Set for City Council on 01/04/2022 - Item 4C
Project Name: The Shops at Southlake - Mesero
Project Manager: Sandy Endy
Return to: Lydia Ruiz/Ginger Cloud @ ext. 8098/8621
X Agreement (2)
Change Order
Letter/Memo
Easement-TO : FILED WITH COUNTY
Resolution/Ore' . ce/Quit C :i Deed
Director approval: l
Rob ohen
For CSO:
1 -Original for CSO
1 -Original for PW Admin