Item 6C - MemoItem 6C
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M E M O R A N D U M
(January 3, 2023)
To: Shana Yelverton, City Manager
From: Rob Cohen, Director of Public Works
Subject: Approve an Encroachment and Joint Use Agreement for
Southlake Town Square Addition, Block 4R1, Lot 2R outdoor
patio within the city right of way of Main Street for the
development located at 1460 Main Street.
Action
Requested: Approve an Encroachment and Joint Use Agreement for Southlake
Town Square Addition, Block 4R1, Lot 2R outdoor patio within the
city right of way of Main Street for the development located at 1460
Main Street.
Background
Information: The property owner is requesting to construct an outdoor patio within
the city right of way of Main Street for the development at 1460 Main
Street.
The proposed patio will occupy approximately 540 square feet of city
right of way. This agreement will allow the developer to construct an
outdoor patio area within the existing parking space, sidewalk and
planter located in right of way at the southwest corner of the property.
The proposed design would eliminate one parking space. The
outdoor patio area will not impede upon the traffic line of sight nor
the pedestrian sidewalk access along Main Street.
Staff is requesting City Council to consider the proposed right of way
encroachment of Main Street for the proposed improvements to the
development at 1460 Main 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, C1: Achieve The Highest
Standards of Safety & Security. The Critical Business Outcome is,
Item 6C
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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 Addition, Block 4R1, Lot 2R outdoor patio within the
city right of way of Main Street for the development located at 1460
Main 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, City Engineer
Sandy Endy, P.E., Development Engineer
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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
DocuSign Envelope ID: 2C729F02-F957-4B12-9FEE-2E7D530E7318
ATTACHMENT A
APPLICATION FOR ENCROACHMENT AND JOINT USE AGREEMENT
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 Telephone
____________________________________ __________________________
Signature of Property Owner Fax Number
____________________________________
Address
____________________________________
City State Zip
David Ayer 972-801-6019
285 Grand Avenue, Suite 210
Southlake TX 76092
Addition of a patio on the south and west of the building, requiring a reroute of the existing
sidewalk and removing (2) parking spaces from the front of the building.
1460 Main Street
10/10/2022
DocuSign Envelope ID: 2C729F02-F957-4B12-9FEE-2E7D530E7318
xxxxxxxxx Jason Kasal
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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:
I.
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.
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 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.
III.
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.
Southlake Town Square Addition4R12R
removing (2) parking spaces from the front of the building
constructing a new patio for patrons, rerouting the sidewalk, and
Postino Wine Cafe
Tarrant
DocuSign Envelope ID: 2C729F02-F957-4B12-9FEE-2E7D530E7318
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 _____________, 20______.
______________________________ City of Southlake
Printed Name
By: _________________________ By: ___________________________
Applicant’s Signature Mayor
NOTE: Complete the attached acknowledgements.
Christopher Johnson
DocuSign Envelope ID: 2C729F02-F957-4B12-9FEE-2E7D530E7318
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 _____________________________, 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 _______________, 20___.
__________________________________
Notary Public in and for the State of Texas
My Commission Expires: _____________________
DocuSign Envelope ID: 2C729F02-F957-4B12-9FEE-2E7D530E7318
EXHIBIT NO. 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:
BEING THAT PORTION OF THAT CERTAIN RIGHT-OF-WAY SITUATED IN THE CITY OF SOUTHLAKE,
TARRANT COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS
AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF LOT 2R, BLOCK 4R1, SOUTHLAKE TOWN SQUARE
SUBDIVISION AND CONSIDERING THE SOUTH LINE OF SAID LOT 2R TO BEAR NORTH 00°00'00"
WEST WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO;
THENCE NORTH 00°00'00" EAST A DISTANCE OF 0.96 FEET TO A POINT ON THE SOUTHERLY
BOUNDARY OF SAID LOT 2R AND THE POINT OF BEGINNING;
THENCE SOUTH 00°00'00" EAST A DISTANCE OF 5.28 FEET TO A POINT OF CURVATURE;
THENCE ALONG A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 87°58'02", A RADIUS OF
14.81 FEET AND AN ARC LENGTH OF 22.73 FEET AND A CHORD THAT BEARS SOUTH 43°59'01" A
DISTANCE OF 20.56 FEET;
THENCE NORTH 00°00'00" EAST A DISTANCE OF 21.25 FEET;
THENCE NORTH 00°00'00" EAST A DISTANCE OF 20.07 FEET TO A POINT ON THE SOUTHERLY
BOUNDARY OF SAID LOT 2R;
THENCE NORTH 00°00'00" WEST ALONG SAID SOUTHERLY BOUNDARY A DISTANCE OF 35.53 FEET
TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS AN AREA OF 666 SQUARE FEET, OR 0.01 ACRES, MORE OR LESS. ALL
LINEAL DISTANCE LIMITS ARE REPRESENTED IN U.S. SURVEY FEET.
DRAWING NO.
600 Grant Street | Suite 210 | Denver, CO
REF. NO.:
DATE:
SCALE:
DRAWN BY:
POSTINO SOUTHLAKE
ANM
N/A
10/10/2022
22067 1
EXHIBIT 1
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.
EXISTING BUILDING1440 MAIN STREETLOT 2REXISTINGWALK 6.7'±9.0'(TYP.)18.0'(TYP.)EXISTING H.C. RAMPPROPOSED H.C. RAMPPROPOSED13.7' WALKPROPOSED PATIO(540 SF)EXISTING WALK11.4' ±MAIN STREET(85' RIGHT-OF-WAY)EXISTINGWALK 8.3'±EXISTING PATHOF TRAVELEXISTING PATHOF TRAVELPROPOSED PATHOF TRAVELEXISTING PATHOF TRAVELMAIN ENTRYEXISTING H.C. RAMPPRIVATE DRIVE
EXISTING BUILDING1450 MAIN STREETLOT 2REXISTING BUILDING1422 MAIN STREETLOT 1EXISTING DEVELOPMENTLOT 3RASSUMED LOTLINE (TYP.)EXISTING PARKINGEXISTING CURB &GUTTER (TYP.)PROPOSED CURB &GUTTER (TYP.)EXISTING HYDRANT (TYP.)RELOCATED LIGHT POLEEXISTING PARKING (TO REMAIN)EXISTINGWALK 7.3'±EXISTING TREE WELL8.0'EXISTING FDC (TYP.)16.9'34.5'PROJ. NO.:
DATE:
DRAWN BY:
CHECKED BY:SEAL:DRAWING NO.R E V I S I O N S
DESCRIPTIONDATENO.
600 Grant Street | Suite 210 | Denver, COFOR AND ON BEHALF OF PROOF CIVIL CO.SOUTHLAKE
POSTINO SOUTHLAKE - LOT 2R, BLK 4R1
SITE PLAN TEXAS
22067
10/10/2022 RESPONSE TO COMMENTS10/28/20221CASE NUMBER: ZA22-0056LEGEND:PROPERTY LINEADA ACCESSIBLE ROUTEPROPOSED BUILDINGEXISTING BUILDINGPROPOSED EASEMENTEXISTING EASEMENTPROPERTY SETBACKPROPOSED CURB & GUTTEREXISTING CURB & GUTTERPROPOSED SAWCUTPROPOSED ASPHALTPROPOSED WALKPROPOSED LIGHT POLEEXISTING LIGHT POLEPROPOSED SIGNEXISTING SIGNNOTES:1.ALL DIMENSIONS TO CURBS ARE TO FLOWLINEUNLESS OTHERWISE INDICATED.MAIN ST.GR
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.C1PEDESTRIAN ACCESS PLAN
ANM
JGD SITE0SCALE: 1" = 5102010'N
EXHIBIT NO. 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 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 Company AT&T / Southwestern Bell Telephone Company
By: ____________________________ By: ______________________________
(Please Print) (Please Print)
Title: ___________________________ Title: _____________________________
(Please Print) (Please Print)
Signature: ________________________ Signature: __________________________
Verizon Telephone Company Tri-County Electric Company
By: ____________________________ By: ______________________________
(Please Print) (Please Print)
Title: ___________________________ Title: _____________________________
(Please Print) (Please Print)
Signature: ________________________ Signature: __________________________
Charter Communications, Inc. City of Southlake
By: ____________________________ By: ______________________________
(Please Print) (Please Print)
Title: ___________________________ Title: _____________________________
(Please Print) (Please Print)
Signature: ________________________ Signature: __________________________
Atmos Energy
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
Springtown, TX 76082
Office: (817) 443-3434
Mobile: (432) 234-9052
Email: buddy.rodgers@oncor.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
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
Verizon Telephone
Joe Garza
Superintendent – Network Engineer
Office: (972) 252-0770
Cell: (325) 245-5102
Email: joe.garza@ftr.com
Charter Communications, INC
Marla Collier, Charter Coordinator
Office: (817) 298-3615
Email: Marla.Collier@charter.com
Atmos Energy (Gas)
Greg Zylka, Project Manager
2000 Reliance Pkwy
Bedford, TX 76021
Office: (817) 685-1257 (ext. 1313)
Fax: (817) 359-1338
Email: gregory.zylka@atmosenergy.com
ATTACHMENT B