Southlake Crossing Phase II (Lot 5, Block 1) - Easement Joint Use Agreement ORIGINAL DOCUMENT
1:0 CITY OF SOUTIII,AKE
Council A -tion:US
Ord./Res.No.
Date Approved y _
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 / or utility easement situated on or abutting property located at
2105 W. 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
17—)
Signature of Pr erty Owner Fax Number
4809 Cole Ave., Suite 330
Address
Dallas TX 75205
City State Zip
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Easement Joint Use Aqreement
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 1 , 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.
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 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.
Ill.
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.
O:\00-New N Drive\ADMINISTRATION-PW DEPT\Forms\AgreementsUoint Usc and Encroachment Agreement-Public Easement-2022 Update docx
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.
tti•
N TESTIMONY WHEREOF, Applicant executes this Easement Agreement on this L ( day of
re,‘„„e."-i__, 20 ti.
$0a.acameekopD�. ;�,� tb . full*; Tr. City of Southlake
Printed Name
By. By:
pplicant's ignature M r
NOTE: Complete the attached acknowledgements. •• •
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Note: Only complete the appropriate acknowledgements
THE STATE OF TEXAS § Corporate Acknowledgment
COUNTY OF TARRANT §
BEFORE ME, the undersigned author , A Notary Public in and for the State of Texas, on this day personally
appeared IA.. P.114e- .. , 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
.Mee iekplaw. . rdkrulvver.$1.ra 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 ctV) , 20 V1
"INEmily Anderson
My Conrnssion EAMas
07/15/2024
Nile ID No. 130741438 Notary Public in ay for the State of Texas
•
My Commission Expires: l 1 1511M
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 Mq, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally
appeared s 014 , known to me to be the person and officer whose name is
subscribed to the f oing instrument and acknowledged to me that same was the act of said
651/ , 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 1'p 1 day of mai(C\,�1 , 201A
n ry P lic in and fbr the State of Texas
My Commission Expires: DI tO\110
° TIFFANY COOPER
- my Notary ID#134137307
"I. ••,<'�+" Expires January 10,2027
,or
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:
IGEND OF ABBREVIATIONS
• D.R.T.C.T. DEED RECORDS,TARRANT
• 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: SCALD: 1"=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.
(CA)I,
0.011 ACRES
' 464 SQ. FT.
�� LOT 7,BLOCK PHASE 2
' SOUTHLAKE CROSSING,
CAB.A,SLIDE 2425,P.R.T.C.T.
‘-)0-
1/2" REBAR
�Y 1 (c.M.)
POINT OF
�IgS°4552"E 51.37' � :)
BEGINNING \ N85°45'52"E 70.4)
SO4°14'08"E_
N04°14'08"W 7.12 I
6.06' S86°37'21"W 70.42'
- -- I
LOT 5,BLOCK 1
`n SOUTHLAKE CROSSING,PHASE 2
N CAB.A,SLIDE 2425,P.R.T.C.T.
15' WATER LINE EASEMENT
'l CAB. A, SLIDE 242
V* P.R.T.C.T.
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EXHIBIT " "
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464 SQUARE FEET
ao irkman PORTION OF LOT 5, BLOCK 1
ENGINEERING SOUTHLAKE CROSSING, PHASE 2
5200 State Highway 121 CITY OF SOUTHLAKE
v,= Colleyville,TX 76034
Phone:817-488-4960 TARRANT COUNTY, TEXAS
Page 1 of 2 DRAWN BY:SMW DATE:JANUARY 17,2024 JOB NO.:2023.001.335
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EXHIBIT " "
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
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4 OHN HOMER BARTON II
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Joh . Barton III RPLS#6737 '••.3 6737 •
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Page 2 of 2
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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 j
• DOC.# DOCUMENT NUMBER
• C.M. CONTROLLING MONUMENT
• SQ. FT. SQUARE FEET
• ROW RIGHT OF WAY
0 10' 20'
• CRS CAPPED REBAR SET
NOTE: SCALE: I"=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.
(C.M.)
V'!� LOT 7,BLOCK 1
\�i SOUTHLAKE CROSSING,PHASE 2
4- CAB.A,SLIDE 2425,P.R.T.C.T.
1/2' REB
\\ (C.M.)
• .
--------
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POINT OF �\ �0o
op 5�
BEGINNING \ N86°37'24"E 71.16'
am` S85°45'52"W 71.15'
SO4°07'14"E
0.87'
N04°20'49"W LOT 5,BLOCK 1
0 1.94' SOUTHLAKE CROSSING,PHASE 2
CAB.A,SLIDE 2425,P.R.T.C.T.
cv
15' WATER LINE EASEMENT
AB. A, SLIDE 2425
0.002 ACRES P.R.T.C.T.
-a
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100 SQ. FT.
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31
EXHIBIT " "
.40,,
100 SQUARE FEET
eco
Q. irkman PORTION OF LOT 5, BLOCK 1
ii ENGINEERING SOUTH LAKE CROSSING, PHASE 2
o 5200 State Highway 121 CITY OF SOUTHLAKE
v)= Colleyville,TX 76034
Phone:817-488-4960 TARRANT COUNTY, TEXAS /
Page 1 of 2 DRAWN BY:SMW DATE:JANUARY 17,2024 JOB NO.:2023.001.335
Z:\Project Data\Survey\001 — Kirkman Engineering\2023\335 — 2105 W Southlake Blvd\Drawings
EXHIBIT " "
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 . A.
0.F.
i � F. l�
4 OHN HOMER BARTON II►
John arton III, RPLS#6737 -o 6737 •
1 ( '• QpF OAP: /
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Page 2 of 2
Z.\Project Data\Su sA001 -Kirkman EngN«rmq\2023\335-2103 W SoutWa•BlwWarhos
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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N.T.S.
wtA wrR—ex wrH I eos OOLE AVE Paw
LOT 7,BLOCK 1, I 809 Ol.TX ISRas
fV SOUTHLAKE CROSSING PHASE II I LLAS.na-s T F/52
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CABINET A,SLIDE 2/25 I 1..11 ' I
101.
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in (CABINET A,SLIDE 2425,P.R.i.0 II 1 III I
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- —EX.6"WATER LINE I I
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HDo."wroi� PnmE
Ecc,s ISSUE MIL 3/1/2024
DETAIL B MOWUTILITY ESMT.
N•?•S• ENCROACHMENT
d CONTACT ,FR �*•,s swam Pm
R EXHIBIT
I ,520 SHEET
coar.=t H�..,w.,w.Y. 00.,..<r a.R.R Owrta .a5 NO. 2
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 By: Eric Williams
(Please Print) (Please Print)
Title:Oncor D' ribution Analyst Title: Manager Engineering Design-AT&T
(Ple se nt) ` (Please Print)
Signatur . Signature: �uG lf/��i
*NOTE ALL LITIES(Transformers&
Vecizon_Telephone Company Tri-County Electric Company
By: Brennan Sebastian
By: (Please Print)
(Please Print)
Business Development&ROW Sr.Director
Title:J c�tnr�:': ti I is'�`� (.►1� S- Title:
(Please Print) 'lease Print)
Signature: Signature: la, .
Charter Communications, Inc. City of Southlake
By: Erik Saucedo By:
(Please Print) (Please Print)
Title: Construction Sup Title:
(Please Print) Q A - J (Please Print)
Signature: lsn,r k. �'Ua C Signature:
Atmos Energy
By: Greg Zylka
(Please Print)
Title: Sr. Project Specialist
(Please Pr )
Signature: