Item 6L MemoCITY OF
SOUTHLAKE
MEMORANDUM
(June 21, 2022)
To: Shana Yelverton, City Manager
From: Rob Cohen, Director of Public Works
Item 6L
Subject: Approve an Encroachment and Joint Use Agreement for
Southlake Town Square Block 16, Lot 2 outdoor patio within the
city right of way of Division Street and Reserve Street for the
development located at 500 Reserve Street.
Action
Requested: Approve an Encroachment and Joint Use Agreement for Southlake
Town Square Block 16, Lot 2 outdoor patio within the city right of way
of Division Street and Reserve Street for the development located at
500 Reserve Street.
Background
Information: The property owner is requesting to construct an outdoor patio within
the city right of way of Reserve Street for the development at 500
Reserve Street.
The proposed patio will occupy approximately 1,030 square feet of
city right of way. This agreement will allow the developer to construct
an outdoor patio area within the existing sidewalk and planter located
in right of way at the southeast corner of the property. The proposed
design would eliminate three parking spaces. The outdoor patio area
will not impede upon the traffic line of sight nor the pedestrian
sidewalk access along Reserve Street and Division Street.
Staff is requesting City Council to consider the proposed right of way
encroachment of Reserve Street for the proposed improvements to
the development at 500 Reserve 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.
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,
Page 1 of 2
Item 6L
CBO3: Engage In Thoughtful Planning To Ensure Continued High
Quality Development That Is Integrated Well Into The Current Built
Environment.
Citizen Input: None.
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 Southlake
Town Square Block 16, Lot 2 outdoor patio within the city right of way
of Division Street and Reserve Street for the development located at
500 Reserve 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
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 $255.
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
0A00-New N DrivekADMINIS7RAT10N-PW DEP1AtbnuskAgreenients\Joint Use and Encroachment Agreement Right-of-lVay-2022 Update.doe
APPLICATION FOR ENCROACWMEN I AND JOINT USE AGREEMENT
OF A RIGI-ITF•OFMAY
June 15, 2022
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 500 Reserve Street Southlake, TX 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:
Outdoor covered corner patio attached to and serving restaurant building on Southlake Town Square Block 16, Lot 2
SLTS Land, LP
By: Frank L. Bliss, President
Pri d Nam of Property
Signature of Property Owner
351 Central Ave.
Address
Southlake Texas 76092
State Zip
City
817-291-6148
Telephone
Fax Number
Right -of -Way Joint Use Agreeinent
THE STATE OF TEXAS §
COUNTY Ot Yr §
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
SLTS Land, LP and/or its assigns , herein after referred to as "Applicant," to use an right-of-way, situated on or
abutting LOT , BLOCK I I OF Southlake Town Square Phase IV 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 outdoor covered corner patio attached to and serving restaurant building on Block 16 Lot 2
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 Cily 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.
0:100-NewN Orive�AD\4NISTRATION-Pw DEPTtPomtsWgreementsUoin[Uw and Encroachment Agaement Riglri-of-Ma}'-2022 OPdate.doc
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 , 2022
SLTS Land, LP
By: Frank L. Bliss, President
P 'nted typme
By: \ �' �t By:
Applicant's Tignature
NOTE: Complete the attached acknowledgements.
City of Southlake
Mayor
Note: Only complete the appropriate acknowledgements
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 Frank L. Bliss , known to me to be the person and officer whose name is
sSLTSlband,to Pthe 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 J S] day of- . UUjZ., 20:.
m+>o DENISE J. CARINO I L(/�l_
10�
s Notary Puhtl` Nota Public in an the State of Texas
., State of Texas ry
ID 8 1072668.1
My 1014 iltires 07110/2022., (7 I V ZO'L`t,
THE STATE OF TEXAS
COUNTY OFTARRANT
Individual Acknowledgment
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 —
My Commission Expires:
THE STATE OF TEXAS
COUNTY OF TARRANT
Notary Public in and for the State of Texas
City of Southlake Acknowledgment
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
20_
_
Notary Public in and for the State of Texas
My Commission Expires:
EXHIBIT NO, 1
ENCROACHMENT AREA
Portion of Reserve Street and Division Street
Richard Eads Survey, Abstract No, 481
City of Southlake, Tarrant County, Texas
DESCRIPTION, of a 1,155 square foot (0.027 acre) tract of land situated in the Richard Eads
Survey, Abstract No. 481, City of Southlake, Tarrant County, Texas; said tract being part of
Reserve Street (A variable width right-of-way) and being part of Division Street (A 62.85-foot wide
right-of-way); said 1,155 square foot tract (0.027 acre) being more particularly described as
follows; (bearing system for this survey is based on the Texas Coordinate System of 1983 (2011
adjustment), North Central Zone 4202, based on observations made on July 22, 2021 with a
combined scale factor of 1.00012),
COMMENCING, at Mag Nail with "BDD" washer found for the said south corner of Lot 3R1, Block
16, Southlake Town Square, Phase IV, an addition to the City of Southlake, according to the plat
recorded in Instrument No. D222058726 of the Official Public Records of Tarrant County, Texas
and the west corner of Lot 2, Block 16, Southlake Town Square, Phase IV, an addition to the City
of Southlake according to the plat recorded in Instrument No. D216064992 of said Official Public
Records, said point being in the northeast right-of-way line of said Division Street, from said point
a Mag Nail with "BDD" washer found for the north corner of said Lot 2 bears North 39 degrees,
54 minutes, 49 seconds East, a distance of 88.62 feet;
THENCE, South 60 degrees, 45 minutes, 53 seconds East, along the southwest line of
said Lot 2 and said northeast line of said Division Street, a distance of 143,08 feet to the
POINT OF BEGINNING;
THENCE, South 60 degrees, 45 minutes, 53 seconds East, along said southwest line of said Lot
2 and said northeast line of said Division Street, a distance of 19.32 feet to the south corner of
said Lot 2, said point being the intersection of said northeast line of Division Street and the
northwest line of said Reserve Street;
THENCE, North 39 degrees, 54 minutes, 36 seconds East, along said northwest line of Reserve
Street and the southeast line of said Lot 2, a distance of 45.86 feet to a point for corner;
THENCE, South 48 degrees, 49 minutes, 23 seconds East, departing said northwest line of
Reserve Street and said southeast line of Lot 2, a distance of 14,92 feet to a point for corner at
the beginning of a tangent curve to the right;
THENCE, in a southwesterly direction along said curve to the right, having a central angle of 88
degrees, 39 minutes, 19 seconds, a radius of 5.00 feet, a chord bearing and distance of South 04
degrees, 29 minutes, 26 seconds East, 6.99 feet, an arc distance of 7.74 feet to a point at the end
of said curve;
THENCE, South 39 degrees, 52 minutes, 48 seconds West, a distance of 29.74 feet to a point for
corner at the beginning of a tangent curve to the right;
THENCE, in a northwesterly direction along said curve to the right, having a central angle of 74
degrees, 34 minutes, 22 seconds, a radius of 20.97 feet, a chord bearing and distance of South 79
degrees, 57 minutes, 11 seconds West, 25.41 feet, an are distance of 27.29 feet to a point at the
end of said curve;
THENCE, North 60 degrees, 30 minutes, 40 seconds West, a distance of 21.14 feet to a point for
corner;
PAGE 1 OF 1
ENCROACHMENT AREA
Portion of Reserve Street and Division Street
Richard Eads Survey, Abstract No. 481
City of Southlake, Tarrant County, Texas
THENCE, North 29 degrees, 14 minutes, 07 seconds East, a distance of 9.05 feet td the POINT
OF BEGINNING;
CONTAINING: 1,155 square feet or 0.027 acres of land, more or less.
(A survey plat of even survey date herewith accompanies this description)
The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing
description accurately sets out the metes and bounds of the tract described.
Kbt'Jyic 06/14/2022
Robert W. Bryan Date
Registered Professional Land Surveyor No. 5508
Pacheco Koch Consulting Engineers, Inc.
4060 Bryant Irvin Road, Fort Worth, TX 76109
(817) 412-7155
TX Reg. Surveying Firm LS-10008001 (FT WTH, INC)
3164-22.139 Overhang Encroachment.doc
3164-22,139 Overhang Encroachment.dwg GAL
PAGE20F2
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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The following
is a detail
and
/ or cross
section drawing of
the improvements)
in right-of-way
to be subject to the
encroachment
and joint
use
agreement
in this application.
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 Comuanv
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 Enerav
By:
(Please Print)
Title:
(Please Print)
Signature:
AT&T (Southwestern Bell Telephone Compan
8y:
(Please Print)
Title:
(Please Print)
Signature:
Tri-County Electric Company
ey:
(Please Print)
Title:
(Please Print)
Signature:
City of Southlake
By:
(Please Print)
Title:
(Please Print)
Signature:
SERVICE PROVIDER CONTACTS FOR
EASEMENTS IN SOUTHLAKE
Oncor Electric Delivery
Budd Rodgers, Distribution ROW Agent
109 Crestwood Lane
SpringtownI TX 76082
Office: (817) 443-3434
Mobile: (432) 234-9052
Email: buddy.rodgers@oncor.com
AT&T/Southwestern Bell
Eric Williams
Manager Engineering Design
1460 Round Table Drive, Room 1000
Dallas, TX 75247
Office: (214) 745-2964
Fax: (214) 745-8230
Charter Communications. INC
Marla Collier, Charter Coordinator
Office: (817) 298-3615
Email: Marla. Collier@charter.com
Tri-County Electric Cooperative. Inc.
Lauren Baccus, Development Coor.
4900 Keller -Hicks Road
Fort Worth, TX 76244
Office: (817) 752-8226
Fax: (817) 431-9680
Verizon Telephone
Joe Garza
Superintendent —Network Engineer
Office: (972) 252-0770
Cell: (325) 245-5102
Email: joe.garza@ftr.com
Atmos Energy (Gas)
Greg. Zylka, Project Manager
Z000 Reliance Pkwy
Bedford, TX 76021
Office: (817) 685-1257 (ext. 1313)
Fax: (817) 359-1338
Email: gregory.zylka@atmosenergy.com
Attachment B