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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. tgEW I SiCftY 6,in II:i 6 i)5 Si. 5ousts' w TMOTfl1. BLOCK 16 SOU E OA^! SOUAtlE, PHA INST. NO.. D2160605499f m;06 ror �u.o=7owel eErlrEn t:EW < PEA:tnt.D AflEA 1 - 13 a 1 z I a 1 I� IH Ins R 2�� C V 4S OP� �LS EXHIBIT NO. 2 1 /0117amVMW41 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