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:�
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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
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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.
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LOT 5, BLOCK 1,
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(CABINET A, SLIDE 2425, P.R.T.C.T.)
VICINITY MAP
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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
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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: