Southlake Town Square (Lot 3R, Block 22) - Easement/Right of Way Joint Use Agreement
+ OFFICIAL RECORD
Easement / Right-of-Way Joint Use Agreement
THE STATE OF TEXAS §
COUNTY OF TARRANT §
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 Block 22, L.P., herein after
referred to as "Applicant," to use an easement / right-ofway, situated on or abutting LOT 3R, BLOCK 22, OF
Southlake Town Square IN THE CITY OF SOUTHLAKE, TEXAS, as depicted graphically on the attached
EXHIBIT No. 1, to be used for the purposes of an outdoor patio area including a pergola structure and wall
as depicted on the plans permitted by the City of Southlake and being subiect to the following conditions:
1.
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
Il.
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 / 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 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 / 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 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 / right-of-way necessitated by
such discontinuation of the easement / 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.
1b2Dg3ag15 'P. 1 q 2
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 Easement / Right-of-Way Use Agreement on this
Fifth day of June _,2008
City of Southlake SLTS BLOCK 22, L.P.
Printed Name
By: ,H By: See Attached
Director of Public Works Applicant's Signature
NOTE: Complete the attached acknowledgements.
qellli&l~
CITY OF SOUTHLAKE
1400 MAIN STREET, SUITE 270
SOUTHLAKE,r TEXAS 76092
bZbg 33 W 15 -P 2q 2
SLTS BLOCK 22, L.P.,
a Texas limited partnership
By: Cooper & Stebbins, L.P.,
a Texas limited partnership,
its authorized agent
B
Y
Frank L. Bliss
Executive Vice President
SITS Way .loin[ I lse Agreement ~ ^pn,~31~ I G ~ 3 ~ Q
SL TS Block k 22, , LP
C lXh%J~ J b
June 9, 2008
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 tr !nY L. 6(11 :ss , 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 UND WFl E this
TN@A%PAAkjl4FM
the q22 day of20
Qrf-
Notary P ublic
State of Texas
Ccrnm. Expires 07-10-2010 e K.
+.assyrs+-:.:•.YS.m.mes.garre.a.yuX¢ +m.wVw~
Notary Public in and for the ate of Texas
My Commission Expires:
THE STATE OF TEXAS § City of Southlake Acknowledgment
COUNTY OF TARRANT §
BEFORE M , the undersiinned authority, a Notary Public in and for the State of Texas, on this day personally
appeared ~ltr known to me to be the person and officer whose name is
s t scribed to the fooing instrument and acknowledged to me that same was the act of said
6 reg a municipal corporation, and that he executed same for the purposes and
consi rati therein expressed and in the capacity therein stated
GIVE t A A E FICE this the 5 day of 2008
g Notary Public, State of Texas
My Commission Expires
November 12, 2006
AotarylPublic J4 19A)
in and for the State of Texas
My Commission Expires:
b20933 N6 p ~a~ S
EXHIBIT NO. 1
The following is a drawing depicting the area or portion of the easement / right of way and property 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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Page 1 of 1
Tara Brooks
From: Gordon Mayer
Sent: Monday, June 23, 2008 8:38 PM
To: Tara Brooks
Cc: Bob Price; Michael James
Subject: FW: Easement/Right-ofWay Joint Use Agreement
Tara -
Yes, this agreement does need to be filed for record
Thanks,
Gordon J. Mayer, Jr., P.E.
Deputy Director of Public Works/City Engineer
1400 Main Street, Suite 320
Southlake, Texas 76092
(817) 748-8089
(817) 748-8077 fax
From: Bob Price
Sent: Monday, June 23, 2008 1:08 PM
To: Gordon Mayer
Subject: FW: Easement/Right-ofWay Joint Use Agreement
Please reply to Tara
Thanks,
Fed
Robert H Price, P E.
Director of Public Works
City of Southlake
1400 Main Street, Ste. 320
Southlake, TX 76092
Ph (817) 748-8097
Fax (817) 748-8077
Web www cityofsouthlake com
E-mail- bprice@ci.southlake tx.us
From: Tara Brooks
Sent: Monday, June 23, 2008 1:07 PM
To: Bob Price; Linda Sadler
Subject: Easement/Right-ofWay Joint Use Agreement
Hello!
I was wondering if this agreement for Southlake Town Square, Block 22, Lot 3R needed to be filed?
data dt. Btooh
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877-748-8075
6/24/2008 J2bg a3 N15 p. 7 ~ 8
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CITY OF SOUTHLAKE 0.
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1400 MAIN ST STE 270
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SOUTHLAKE TX 76092
Submitter: CITY OF SOUTHLAKE
SUZANNE HENDERSON
TARRANT COUNTY CLERK
TARRANT COUNTY COURTHOUSE
100 WEST WEATHERFORD
FORT WORTH, TX 76196-0401
DO NOT DESTROY
WARNING - THIS IS PART OF THE OFFICIAL RECORD.
Filed For Registratio 08/2512008 08:26 AM
Instrument D208331415
A 8 PGS $40.00
r'
By:
IIII IIII VIII VIII VIII II IIII) VIII VIII VIII IIII IIII
D208331416
ANY PROVISION WHICH RESTRICTS THE SALE, RENTAL OR USE
OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR
RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW.
Printed by: BD