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Item 4E - Encroachment AgreementLA APPLICATION FOR ENCROACHMENT AND JOINT USE AGREEMENT OF A PUBLIC DRAINAGE AND / OR UTILITY EASEMENT 03/01/2024 Date of Submittal To the City of Southlake The undersigned hereby makes application to allow an encroachment and joint use of a portion of the public drainage and 1 or utility easement situated on or abutting property located at 2105 IN. Southlake Blvd and described by metes and bounds in Exhibit No. 1 of the attached agreement. The reason for the encroachment and use of the easement is as follows proposed patio and open space improvements Southlake Marketplace Partners LP- Daniel A. Fuller, Jr. 214-960-2818 Printed Name of Property Owner Telephone —L� Arf — Signature of Pr erty Owner Fax Number 4809 Cole Ave., Suite 330 Address Dallas TX 75205 City State Zip 9 Easement 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 Southlake Marketplace Partners LP herein after referred to as "Applicant, to use an easement, situated on or abutting LOT 5 , BLOCK , OF Southlake Crossing Phase II 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 proposed patio and open space improvements and being subject to the following conditions 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. 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 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 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; (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 necessitated by such discontinuation of the easement, 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. W00-New N Drive\ADMINISTRATION-PW DEPT\Farms\Agreements\Joint Use and Encroachment Agreement - Public Fasement-2022 Update docx 911 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. 1 N TESTIMONY WHEREOF, Applicant executes this Easement Agreement on this ` (0 day of 20 i 4 . $b � + ��e Tr. City of Southlake L11 Printed Name By: By pplicants fignature Mayor NOTE: Complete the attached acknowledgements. 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 l%�.11e Jo- . 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 rwr}r.crjra corporation, and that he executed same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AN SEAL OF ❑FFICE this the l day of _, 20 �. +Tp`Y Emily Anderson `+ My Commission E+ 07/15/2024 Tj� I&W, ID No. 130741438 My Commission Expires: THE STATE OF TEXAS § COUNTY OF TARRANT § Notary Public in an for the State of Texas Individual Acknowled ment 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 5outhlake 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 EXHIBIT NO. 1 Being that portion of that certain public utility easement / drainage easement situated in Southlake Crossing Phase II Addition/Survey to the City of Southlake, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: LEGEND OF ABBREVIATIONS • D.R.T.C.T. DEED RECORDS, TARRANT COUNTY, TEXAS • P.R.T.C.T. PLAT RECORDS, TARRANT COUNTY, TEXAS • O.P.R.T.C.T. OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS • DOC.# DOCUMENT NUMBER • C.M. CONTROLLING MONUMENT • SQ. FT. SQUARE FEET • ROW RIGHT OF WAY 0 10' 20' • CRS CAPPED REBAR SET ` "X" FND. L; POINT OF BEGINNING \ LOT 7, BLOCK 1 SOUTH 02425, P.R T CST•2 CAB. A,, SLIDE NW45'5211E 70.41' NOTE: SCALE: V = 20' Bearings are based on the State Plane Coordinate System, Texas North Central Zone (4202) North American Datum of 1983 (NAD'83), with a combined scale factor of 1.00012. 0.011 ACRES 464 SQ. FT. 112" N85°45'52"E 51.3T _ l S04014'08"E I N04 14'08"W o 7.12' 6.06' S86 37'21 W 70.42' — — LOT 5, BLOCK 1 SOUTHLAKE SLIDE02425, P�R T CST•2 CAB. A, 15' WATER LINE EASEMENT CAB. A, SLIDE 242 P.R. T C. T. 3 EXHIBIT if If 464 SQUARE FEET irkman PORTION OF LOT 5, BLOCK 1 E N G I N E E R I N G SOUTHLAKE CROSSING, PHASE 2 5200 State Highway 121 CITY OF SOUTHLAKE Colleyville, TX 76034 Phone:817-488-4960 TARRANT COUNTY, TEXAS DRAWN BY: SMW DATE: JANUARY 17. 2024 JOB NO.: 2023.001.335 Page 1 of 2 Z. \Project Data\Survey\001 — Kirkman Engineering\2023\335 — 2105 W Southloke Blvd\Drawings EXHIBIT If if 464 SQUARE FEET PORTION OF LOT 5, BLOCK 1 SOUTHLAKE CROSSING, PHASE 2 CITY OF SOUTHLAKE TARRANT COUNTY, TEXAS PROPERTY DESCRIPTION BEING a portion of Lot 5 in Block 1 of Southlake Crossing, Phase 2, an addition in the City of Southlake, Tarrant County, Texas, according to the plat recorded under Cabinet A, Slide 2425, Plat Records, Tarrant County, Texas, the subject tract being more particularly described by metes and bounds as follows (bearings are based on State Plane Coordinate System, Texas North Central Zone (4202) North American Datum of 1983 (NAD'83)): BEGINNING at a point in the north line of said Lot 5 for the northwest corner of the herein described tract, from which an "X" cut found for a re-entrant corner of Lot 7, Block A of Southlake Crossing, Phase 2 bears North 33 degrees 12 minutes 54 seconds West, a distance of 261.14 feet; THENCE North 85 degrees 45 minutes 52 seconds East, a distance of 70.41 feet to a point from which a 1/2 inch rebar found for the northeast corner of said Lot 5 bears North 85 degrees 45 minutes 52 seconds East, a distance of 51.37 feet; THENCE through the interior of said Lot 5, the following calls: 1. South 04 degrees 14 minutes 08 seconds East, a distance of 7.12 feet; 2. South 86 degrees 37 minutes 21 seconds West, a distance of 70.42 feet; 3. North 04 degrees 14 minutes 08 seconds West, a distance of 6.06 feet, returning to the POINT OF BEGINNING and enclosing 0.011 acres (464 square feet) of land, more or less. SURVEYOR'S CERTIFICATE This is to certify that I, John H. Barton III, a Registered Professional Land Surveyor of the State of Texas, have prepared this map from an actual survey on the ground, and that this map correctly represents that survey made by me or under my direction and supervision. Date of Plat/Map: January 17, 2024 7111 . Barton III, RPLS# 6737 OF 0 )HN HOMER BARTON II ......................... o�0 6737 Pv:� FeSS � y� \ SUR`� Page 2 of 2 Z \Pmleat Data\saner\001 — Kkkmon Enalneerina\2023\335 — 2105 W Soothloke B1W\Drow1nas 0 0 N N LEGEND OF ABBREVIATIONS • D.R.T.C.T. DEED RECORDS, TARRANT COUNTY, TEXAS • P.R.T.C.T. PLAT RECORDS, TARRANT COUNTY, TEXAS • O.P.R.T.C.T. OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS • DOC.# DOCUMENT NUMBER • C.M. CONTROLLING MONUMENT • SQ. FT. SQUARE FEET • ROW RIGHT OF WAY 0 10' 20' • CRS CAPPED REBAR SET NOTE: SCALE: V = 20' Bearings are based on the State Plane Coordinate System, Texas North Central Zone (4202) North American Datum of 1983 (NAD'83), with a combined scale factor of 1.00012. "X" FND. s LOT 7, BLOCK 1 SOUTHLAKE CROSSING, PHASE 2 4 CAB. A, SLIDE 2425, P.R.T.C.T. 1/2" REBAR (C.M.) i POINT O BEGINNING \ N86037124"E 71.16' S85°45'52"W 71.15' S04007'14'E 0.87' N04020'49"W LOT 5, BLOCK 1 1.94' SOUTHLAKESLIDE2425, CROSSING, P.R.T.C.T. E 2 CAB. A,15' WATER LINE EASEMENT AB. A, SLIDE 2425 0.002 ACRES P.R.T.C.T. 100 SQ. FT. 3 EXHIBIT if If 100 SQUARE FEET irkman PORTION OF LOT 5, BLOCK 1 E N G I N E E R I N G SOUTHLAKE CROSSING, PHASE 2 5200 State Highway 121 CITY OF SOUTHLAKE Colleyville, TX 76034 Phone:817-488-4960 TARRANT COUNTY, TEXAS DRAWN BY: SMW DATE: JANUARY 17. 2024 JOB NO.: 2023.001.335 Page 1 of 2 Z. \Project Data\Survey\001 — Kirkman Engineering\2023\335 — 2105 W Southloke Blvd\Drawings EXHIBIT If if 100 SQUARE FEET PORTION OF LOT 5, BLOCK 1 SOUTHLAKE CROSSING, PHASE 2 CITY OF SOUTHLAKE TARRANT COUNTY, TEXAS PROPERTY DESCRIPTION BEING a portion of Lot 5 in Block 1 of Southlake Crossing, Phase 2, an addition in the City of Southlake, Tarrant County, Texas, according to the plat recorded under Cabinet A, Slide 2425, Plat Records, Tarrant County, Texas, the subject tract being more particularly described by metes and bounds as follows (bearings are based on State Plane Coordinate System, Texas North Central Zone (4202) North American Datum 1983 (NAD'83)): BEGINNING at a point within in said Lot 5, same being the northwest corner of the herein described tract, from which an "X" cut found for a re-entrant corner of Lot 7, Block 1 of said Southlake Crossing, Phase 2 bears North 31 degrees 53 minutes 14 seconds West, a distance of 272.65 feet; THENCE through the interior of said Lot 5, the following calls: 1. North 86 degrees 37 minutes 24 seconds East, a distance of 71.16 feet to a point, from which a 1/2 inch rebar found for the northeast corner of said Lot 5 bears North 70 degrees 09 minutes 57 seconds East, a distance of 52.55 feet; 2. South 04 degrees 07 minutes 14 seconds East, a distance of 0.87 feet; 3. South 85 degrees 45 minutes 52 seconds West, a distance of 71.15 feet; 4. North 04 degrees 20 minutes 49 seconds West, a distance of 1.94 feet, returning to the POINT OF BEGINNING and enclosing 0.002 acres (100 square feet) of land, more or less. SURVEYOR'S CERTIFICATE This is to certify that I, John H. Barton III, a Registered Professional Land Surveyor of the State of Texas, have prepared this map from an actual survey on the ground, and that this map correctly represents that survey made by me or under my direction and supervision. Date of Plat/Map: January 17, 2024 John arton III, RPLS# 6737 Page 2 of 2 Z \Pmleat Data\saner\001 — Kkkmon Enalneerina\2023\335 — 2105 W Soothloke B1W\Drow1nas EXHIBIT NO. 2 The following is a drawing depicting the area or portion of the easement 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. I 3 a H w 8 U Z F- Z w v W O N EX. 611 WATER LINE WTR EX WTR SEX WTR DETAIL A N.T.S. EX. 6" WATER LINE -EX WTR SEX WTR -I —EX WTR O WTR SEX WTR SEX WTR I N L6 d' N Tr — I I I I I � I c0 I I I I I I WT)—EX WTR —EX WTR — I I I I I I c0 I cfl I I I I I I I I DETAIL B N.T.S. o I CV I I I I I I I WTR VALK SEE DETAIL A EX. 6" WATER LINE Ex w�R� -EX WTR �EirR EX. IFUTILITY EASEMENT _ CABINET A, SLIDE 2425 P.R. T.C. T. 90 j. CV co WTR EX WTR I PROP. OPEN SPACE Z 14 Q JOHNSON RD A QO Off,\A W G r` nl ✓ J m 2 onOU:T:oALKE CI iLW BL VD K/NGSLEYCT PROJECT SITE o c WINDING R/DGE Rq/L o� LOT 7, BLOCK 1, SOUTHLAKE CROSSING PHASE II (CABINET A, SLIDE 2425, P.R.T.C.T.) M M CV CV Co Co - L6 i? co M E SEX WTR EX R EX WTR E TR 71.2' —ram i i N,i PROP. PATIO EX. BUILDING #2105 15,561 SF M L6 WTR PROP. RETAINING WALL LOT 5, BLOCK 1, SOUTHLAKE CROSSING PHASE II (CABINET A, SLIDE 2425, P.R.T.C.T.) VICINITY MAP N.T.S. I I I I I I PROP. LIGHT POLE PROP.TREE N I I I I I E I EX W R �EX WTR SEX WTR I o I I I_— _�-------_ I I I I I I SEE DETAIL B I I I I ICO I Q O I I I I I 10 I I I I I I ELEC I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I SITE BENCHMARKS ALL EVELATIONS ARE BASED ON CITY OF SOUTHLAKE BM NO. 33 LOCATED AT LAT. 32°56'30.52072"N, LONG. 97'11 "07.20706"W ALUMINUM MONUMENT IN CONCRETE. ELEVATION = 657.38' (NAD '83) LEGEND PROPOSED RETAINING WALL PROPOSED CURB PROPOSED LIGHT POLE PROPOSED TREE PROPERTY BOUNDARY GRAPHIC SCALE 0 10 20 FEET SCALE: 1 " = 10' SITE PLAN CITY PROJECT NO. ZA23-0008 SOUTHLAKE MARKETPLACE 11.646 ACRES LOT 5 & 7, BLOCK 1 ALTA/ACSM LAND TITLE SURVEY (INST. NO. 20190215010000670) CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS PREPARATION DATE: 3/1/2024 OWNER/APPLICANT LANDSCAPE ARCHITECT SHOP COMPANIES BUD CREATIVE 4809 COLE AVE #330 3800 MAIN ST., STE. B DALLAS, TX 75205 DALLAS, TX 75226 PH: 214-960-4545 PH: 570-954-1964 CONTACT: BUCK WHEELER CONTACT: MIKE LEKVULICH ENGINEER SURVEYOR KIRKMAN ENGINEERING, LLC TEXAS HERITAGE SURVEYING, LLC 5200 STATE HIGHWAY 121 10610 METRIC DR, SUITE 124 COLLEYVILLE, TX 76034 DALLAS, TX 75243 PH: 817-488-4960 PH: 214-340-9700 CONTACT: SHEA KIRKMAN, PE CONTACT: GARY E. JOHNSON, RPLS P R E L I M I N A R Y FOR REVIEW ONLY THESE DOCUMENTS ARE FOR DESIGN REVIEW ONLY AND NOT INTENDED FOR THE PURPOSES OF CONSTRUCTION, BIDDING OR PERMIT. THEY WERE PREPARED BY, OR UNDER THE SUPERVISION OF: SHEA 0. KIRKMAN P.E.# 91865 DATE: March 1, 2024 4809 COLE AVE #330 DALLAS, TX 75205 214-960-4545 uj Lu Lu U cn X C = w J 0 ~ _ m O Lu V) z `o LL O °� p O I --I U Z 0 a Cr u V7 Lu 0 Lu uu� i kirkman E N G I N E E R I N G KIRKMAN ENGINEERING, LLC 5200 STATE HIGHWAY 121 COLLEYVILLE, TX 76034 TEXAS FIRM NO. 15874 JOB NUMBER: SHP22002 ISSUE DATE: 3/1/2024 UTILITY ESMT. ENCROACHMENT EXHIBIT SHEET: NO. 2.j 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 such drainage and / or utility easement requested in this Application for encroachment and joint use of a public drainage and utility easement. In regards to property at 2105 W Southlake 76092 Oncor Electric Delivery Company* AT&T / Southwestern Bell Telephone Company By: Lydia Hays (Please Print) Title:Oncor D' tribution Analyst 4ALLU nt) Signatur*NOTITIES (Transformers & Vw4wiLTelephone Company By: �5e--_)el _7 (Please Print) (Please Print) Signature: Charter Communications, Inc. By: Erik Saucedo (Please Print) Title: Construction Sup (Please Print) QQ Signature: [.R.,h, Atmos Energy By: Greg Zylka (Please Print) Title: Sr. Project Specialist (Plea:;�f Signature: By: Eric Williams (Please Print) Title: Manager Engineering Design -AT&T (Please Print) Signature: �2GCi lif )dg' � Tri-County Electric Company By: Brennan Sebastian (Please Print) Title: Business Development & ROW Sr. Director City of Southlake By: (Please Print) Title: (Please Print) Signature: