Loading...
Item 6C - MemoItem 6C Page 1 of 2 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 Page 2 of 2 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 O:\00-New N Drive\ADMINISTRATION-PW DEPT\Forms\Agreements\Joint Use and Encroachment Agreement Right-of-Way-2022 Update.doc 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 O:\00-New N Drive\ADMINISTRATION-PW DEPT\Forms\Agreements\Joint Use and Encroachment Agreement Right-of-Way-2022 Update.doc 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 A N D A V E . CE N T R A L A V E .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