A-1098 (Young)
RECORD
Easement /Ri OFFICIAL ght-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 Peggy A. Young, successors or
assigns, herein after referred to as "Applicant," to use an easement / right-of-way, situated on or abutting South
Kimball Avenue 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 constructing a retaining wall/detention pond wall and
being subject to the following conditions.
I
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
11
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.
b2m-'Mmi P.14II
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
-11 41--- day of October, 2008.
City of Southlake Peaav A. Young
Printed Name
By: By:
Director of Public Works Applicant' tur
NOTE: Complete the attached acknowledgements.
DVOLI)A3V p. 2 VD 1!
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 PeggV A. Young, 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 27 day of T 12008
r Not t e of Texas
My Commission Expires b / Zco 2 o zo JAY W REISSIG
NOTARY PUBLIC
State of Texas
sT'°F`~+P Comm. Exp. 06-26-2010
THE STATE OF TEXAS § ity o ou a e c o e gment
COUNTY OF TARRANT §
BEFORE M the undersi ed authority, a Notary Public in and for the State of Texas, on this day personally
appeared, H. 'C-¢• , 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
ft4a4'-SN.jiqd , a municipal corporation, and that he executed same for the purposes and
condid ration therein expressed and in the capacity therein stated
GIVEN UNDER ND SFiAb"5fWE this he 31 day of LLeXj,k" 20 08
t' Notary Public, State of Texas
My Commission Expires
'y;~EaFit~F
November 12, 2012
_'.0 - - - I _rAjj~,,- j6Yj1,eA)
Notary P blic in and for the State of Texas
My Commission Expires. 2-
)2V"'-'1'o03gb2 P. 31 11
EXHIBIT NO. 1
Being that portion of that certain public utility easement / drainage easement / right of way situated in George W.
Main Survey, Abstract No. 1098 to the City of Southlake, Tarrant County, Texas, and being more particularly
described by metes and bounds as follows
SEE EXHIBIT A ATTACHED
b2C HAVI,Z p. II
EXHIBIT NO. 2
The following is a drawing depicting the area or portion of the easement / 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.
SEE EXHIBIT B ATTACHED
b2U1 L/-/ (~2 II
EXHIBIT NO. 2A
The following is a detail and / or cross section drawing of the improvement(s) in the right of way to be subject to
the encroachment and joint use agreement in this application
SEE EXHIBIT 2A ATTACHED
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EXHIBIT "A"
PROPERTY DESCRIPTION
0.0024 of an acre of land situated in the George W. Main Survey, Abstract No. 1098, City of
Southlake, Tarrant County, Texas and being a portion of a 1.680 acre tract of land conveyed to Peggy
A. Young as recorded in County Clerk's Document No. D206290656, Deed Records of Tarrant
County, Texas, said 0.0024 of an acre ofland being more particularly described by metes and bounds
as follows:
COMMENCING at the southwest corner of the aforementioned 1.680 acre tract in Kimball Road
(a variable width R.O.W.);
THENCE S 89°55"20" E, along the south line of said 1.680 acres, at 20.00 feet pass a 5/8 inch iron
rod found, a total distance of 23.94 feet;
THENCE N 00°07'49" W, a distance of 38.76 feet to the BEGINNING of the hereinafter described
tract of land, and also being the beginning of a tangent curve to the left with a radius of 9.33 feet and
whose long chord bears N 14° 10'50" W, 4.53 feet;
THENCE Northerly along said curve, through a central angle of 28°06'02", an arc distance of 4.58
feet to the end of said curve;
THENCE N 28° 13'51 " W, a distance of 3.01 feet to the beginning of a tangent curve to the right with
a radius of 10.67 feet and whose long chord bears N 14° 17'21" W, 5.14 feet;
THENCE Northerly along said curve, through a central angle of 27°53'00", an are distance of 5.19
feet to the end of said curve;
THENCE N 00°20'51" W, a distance of 18.85 feet to the beginning of a non-tangent curve to the
right with a radius of 29.84 feet and whose long chord bears N 44°35'07" E, 5.47 feet;
THENCE Northeasterly along said curve, through a central angle of 10°30'44", an are distance of
5.47 feet to the end of said curve;
THENCE S 00°07'49" E, a distance of 34.77 feet to the PLACE OF BEGINNING and containing
103 square feet or 0.0024 of an acre of land.
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LINE TABLE
LINE LENGTH BEARING
Ll 34.77 S00'07'49"E
DRIVEWAY L2 18.85 N00820'51"W
ENTRANCE L3 3.01 N28'13'51"W
CURVE TABLE
.0 CURVE LENGTH RADIUS
c p' C1 5.47 29.84
W a C2 5.19 10.67
Cl C3 4.58 9.33
Z I W 3.85'
BENCHMARK A box has been cut in the top of
- the Northwest corner of a concrete drainage
inlet located approx. 81' south of the Northwest
%x corner of Kimball Hills Subdivision along the
west side of South Kimball Ave.
PROPOSED State plane coordinates are as follows:
RETAINING X 2,393,343.00608
WALL Y 7,028,810.288104
d CO Z 652.12
0-1 m
0 ci Bearings are based upon monuments found along
103 SF 0 00
C d the north line of C.C.# D208290866
OR 0.0024 Ac. Nw O c
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3.78' °r,°
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WIDTH P OB W if tA
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R.O.W.
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N 0 5' 10' 20'
FN
0 GRAPHIC SCALE IN FEET
o m SCALE: 1" = 10'
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THIS DOCUMENT IS FOR INTENM REMEW
AND IS NOT NTENDED FOR OONSM.
IDDING OR PPEFUT PURPOSES, cTION
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-.ON CRETE
03 BY: CLAYTON T. REDINOER
0 PAVING 9-;°72008
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0 1 5 8- z EXHIBIT B IRF
j - C Solutions Office Complex
0.00' Southlake TX
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S89' '20"E 2553 E. Loop 820 North
3 DeOtte, Inc. Fax 817-590-86000 Phone 817 589-0000
0 3.94' CIVIL ENGINEERING
POINT DRAWN BY: SCALE: DATE: PROJECT NO.: SHEET:
COMMENC
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BIDDING
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EXHIBIT 2A
0
C Solutions Office Complex
Southlake TX
L
x DeOtte, Inc. 2553 E. Loop 820 North
Fort Worth, Texas as 76118
Fax 817-590-8600 Phone 817-589-0000
CIVIL ENGINEERING
0
DRAWN BY: SCALE: DATE. PROJECT NO.: SHEET:
o CTR/MMM N.T.S. 9/11/2008 200810800 1
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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 or right-of-way requested in this Application for
encroachment and joint use of right-of-way
Street name. Kimball Ave.
Oncor11Electric Company AT&T Telephone Company
By-
K~c,w•~-~ By* ~DCrr~ 1 1
(Please Print) (Please Print)
Title bSZ~,yI~~ . Title IJ 1= cry
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Signature y Signature
Veriz/o1n Telephone Company Tri-County Electric Company
By' 1/Aoe- A91-L r",OZk /c /Ir By S •r. 7 , ~i¢ aw.
(Please Print) (Please Print)
Title: .514l4% /"s t p Title. ~ONAG.E'x
(Please int) (Please Print)
Signature ignature.
Charter Communications, Inc. Atmos Ener
By
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(Please Print) (Please Print)
Title Cc-yi 5~- Title pr-6 f""• Ili (Please P t) (P a . t)
Signature -6~~--Signature
Cit of Southla /e
By
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Title. Pe K,
(Please Print)
Signature 04"
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RRR.R•;R
R R1
CITY OF SOUTHLAKE R
1400 MAIN ST STE 310 '•RR~i ►•;RR•R
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 Registration: 01/06/2009 04:14 PM
strument 209003402
A 11 PGS $52.00
By:
IIIIIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIIIIIIIII IIII
D209003402
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: MC