Item 6C - MemoCITY OF
SOUTHLAKE
MEMORANDUM
(January 3, 2023)
To: Shana Yelverton, City Manager
From: Rob Cohen, Director of Public Works
Item 6C
Subject: Approve an Encroachment and Joint Use Agreement for
Southlake Town Square Addition, Block 4R1, Lot 2R outdoor
patio within the city right of way of Main Street for the
development located at 1460 Main Street.
Action
Requested: Approve an Encroachment and Joint Use Agreement for Southlake
Town Square Addition, Block 4R1, Lot 2R outdoor patio within the
city right of way of Main Street for the development located at 1460
Main Street.
Background
Information: The property owner is requesting to construct an outdoor patio within
the city right of way of Main Street for the development at 1460 Main
Street.
The proposed patio will occupy approximately 540 square feet of city
right of way. This agreement will allow the developer to construct an
outdoor patio area within the existing parking space, sidewalk and
planter located in right of way at the southwest corner of the property.
The proposed design would eliminate one parking space. The
outdoor patio area will not impede upon the traffic line of sight nor
the pedestrian sidewalk access along Main Street.
Staff is requesting City Council to consider the proposed right of way
encroachment of Main Street for the proposed improvements to the
development at 1460 Main Street. It shall be noted that, per direction
from staff, the developer will not be required to obtain franchise utility
approval signatures until City Council provides approval of the
proposed design.
Financial
Considerations: This is a no cost agreement.
Strategic Link: This item links to the City's Strategy Map strategic focus area of
Safety & Security and Partnership & Volunteerism. It specifically
relates to the City's Corporate Objective, Cl: Achieve The Highest
Standards of Safety & Security. The Critical Business Outcome is,
Page 1 of 2
Item 6C
CBO3: Engage In Thoughtful Planning To Ensure Continued High
Quality Development That Is Integrated Well Into The Current Built
Environment.
Citizen Input: None.
Legal
Review: The City Attorney has reviewed and approved the agreement.
Alternatives: The City Council may approve or deny the agreement.
Staff
Recommendation: Approve an Encroachment and Joint Use Agreement for Southlake
Town Square Addition, Block 4R1, Lot 2R outdoor patio within the
city right of way of Main Street for the development located at 1460
Main Street.
Supporting
Documents: Attachment A: Encroachment Agreement Documents
Attachment B: Location Map
Staff
Contact: Rob Cohen, Director of Public Works
Kevin Ferrer, P.E., CFM, City Engineer
Sandy Endy, P.E., Development Engineer
Page 2 of 2
DocuSign Envelope ID: 2C729F02-F957-4B12-9FEE-2E7D530E7318
ATTACHMENT A 0
INSTRUCTIONS FOR COMPLETING AN ENCROACHMENT AND JOINT USE AGREEMENT
OF A RIGHT-OF-WAY
All forms shall be signed in ink only by a property owner, legal partner or corporate officer. An authorized agent of
the landowner must submit a Power of Attorney.
PLEASE SUBMIT ALL OF THE FOLLOWING REQUIRED DOCUMENTS:
1. One copy of the Application with an original signature.
2. One copy of the Right -of -Way Joint Use Agreement with an original signature, signed and notarized. Do not
submit copies of signatures and notary acknowledgments.
3. One copy of EXHIBIT NO. 1 that contains the precise metes and bounds description of the part of the right-of-
way to be used. This information is best provided by a registered land surveyor. Note that the City staff is
not authorized to prepare this information. Do not place drawings or plats on this exhibit.
4. One copy of EXHIBIT NO. 2 which shows in graphic form the nature of the encroachment with dimensions.
Please limit the area of usage of the right-of-way to only that needed to accommodate your needs. Plans or
drawings may be reduced, provided the final document is legible. City staff will make final decision on
legibility.
5. The Public Works Department may require an additional EXHIBIT NO. 2A which may include a detailed
drawing or cross sectional drawings of decks, signs, retaining walls, fences, driveways, piers, footings, etc. to
fully evaluate the extent of the right-of-way.
6. One copy of EXHIBIT NO. 3 with original signatures, signed by all agencies listed regardless of whether they
have utility equipment in the easement. This will need to be done before submitting to the City of Southlake.
7. After this agreement is filled out, you will need to return it to Public Works Department and pay:
• The ROW Encroachment Permit Fee of $255.
8. This agreement will be circulated through the Planning and Development, Building Inspection and Public
Works Departments within the City of Southlake. Please allow approximately seven to ten working days to
complete the circulation process.
9. Then the agreement will be placed on a City Council Agenda for Council review and approval. Council
approval may take 3-4 weeks.
10. After approval by the City Council and necessary City departments, a copy of the signed agreement is
forwarded to the Building Permit Department for retention in any pending permit files, a copy is retained in the
Public Works Department and a copy is sent to the applicant for their records.
Submit these documents to:
City of Southlake
Department of Public Works
1400 Main Street, Suite 320
Southlake, TX 76092
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DocuSign Envelope ID: 2C729F02-F957-4B12-9FEE-2E7D530E7318
As
APPLICATION FOR ENCROACHMENT AND JOINT USE AGREEMENT
OF A RIGHT-OF-WAY
10/10/2022
Date of Submittal
To the City of Southlake:
The undersigned hereby makes application to allow an encroachment and joint use of the right-of-way situated on
or abutting property located at 1460 Main Street and described by metes and
bounds in Exhibit No. 1 of the attached agreement.
The reason for the encroachment and use of the right-of-way is as follows:
Addition of a patio on the south and west of the building, requiring a reroute of the existin
sidewalk and removing (2) parking spaces from the front of the building.
EDS
Dawd)A ,Jason Kasal
Printed SIVarj1e: of Property Owner
Focu Igoe y
aSbv, 6SAL
teft[fperty Owner
285 Grand Avenue, Suite 210
Address
Southlake TX 76092
City State Zip
972-801-6019
Telephone
Fax Number
DocuSign Envelope ID: 2C729F02-F957-4B12-9FEE-2E7D530E7318
As
Right -of -Way Joint Use Agreement
THE STATE OF TEXAS §
COUNTY OF Jarrant §
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
Postino Wine Cafe , herein after referred to as "Applicant," to use an right-of-way, situated on or
abutting LOT 2R , BLOCK 4R1 , OF Southlake Town Square Addition 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 new patio for patrons, rerouting the sidewalk, and
removing (2) parking spaces from the front of the building and being subject to the following conditions:
That the Applicant, his successors or assigns shall maintain in good condition all of the right-of-way 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 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.
That the Applicant shall arrange for all activities and improvements in the right-of-way 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 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 right-of-way 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 right-of-way necessitated by such
discontinuation of the right-of-way use, shall be borne by the Applicant.
W
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.
0:\00-New N Drive\ADMINISTRATION-PW DEPT\Forms\Agreements\Joint Use and Encroachment Agreement Right-of-Way-2022 Update.doc
DocuSign Envelope ID: 2C729F02-F957-4B12-9FEE-2E7D530E7318
LTJ
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 Right -of -Way Use Agreement on this
day of 120
Christopher Johnson
Printed Name
By: wit �rL By:
Applicant's Sign re
NOTE: Complete the attached acknowledgements.
City of Southlake
Mayor
DocuSign Envelope ID: 2C729F02-F957-4B12-9FEE-2E7D530E7318
Note: Only complete the appropriate acknowledgements
THE STATE OF TEXAS §
COUNTY OF TARRANT §
Corporate Acknowledgment
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
My Commission Expires:
THE STATE OF TEXAS §
COUNTY OF TARRANT §
Notary Public in and for the State of Texas
Individual Acknowledgment
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
My Commission Expires:
THE STATE OF TEXAS §
COUNTY OF TARRANT §
Notary Public in and for the State of Texas
City of Southlake Acknowledgment
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 right-of-way situated in
the City of Southlake, Tarrant County, Texas, and being
follows:
Addition/Survey to
more particularly described by metes and bounds as
EXHIBIT 1
BEING THAT PORTION OF THAT CERTAIN RIGHT-OF-WAY SITUATED IN THE CITY OF SOUTHLAKE,
TARRANT COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS
AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF LOT 2R, BLOCK 4R1, SOUTHLAKE TOWN SQUARE
SUBDIVISION AND CONSIDERING THE SOUTH LINE OF SAID LOT 2R TO BEAR NORTH 00°00100"
WEST WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO;
THENCE NORTH 00°00'00" EAST A DISTANCE OF 0.96 FEET TO A POINT ON THE SOUTHERLY
BOUNDARY OF SAID LOT 2R AND THE POINT OF BEGINNING;
THENCE SOUTH 00°00'00" EAST A DISTANCE OF 5.28 FEET TO A POINT OF CURVATURE;
THENCE ALONG A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 87°58'0211, A RADIUS OF
14.81 FEET AND AN ARC LENGTH OF 22.73 FEET AND A CHORD THAT BEARS SOUTH 43°5910111 A
DISTANCE OF 20.56 FEET;
THENCE NORTH 00°00'00" EAST A DISTANCE OF 21.25 FEET;
THENCE NORTH 00°00'00" EAST A DISTANCE OF 20.07 FEET TO A POINT ON THE SOUTHERLY
BOUNDARY OF SAID LOT 2R;
THENCE NORTH 00°00'00" WEST ALONG SAID SOUTHERLY BOUNDARY A DISTANCE OF 35.53 FEET
TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS AN AREA OF 666 SQUARE FEET, OR 0.01 ACRES, MORE OR LESS. ALL
LINEAL DISTANCE LIMITS ARE REPRESENTED IN U.S. SURVEY FEET.
POSTINO SOUTHLAKE
2) P R O O F C I Y`, I L REF. NO.: SCALE: DRAWING NO.
consulting engineers 22067 N/A
boo Grant Street I Suite zlo 1 Denver, CO DATE: DRAWN BY: 1
10/10/2022 ANM
EXHIBIT NO. 2
The following is a drawing depicting the area or portion of the 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.
EXISTING BUILDING
1422 MAIN STREET
LOT 1
EXISTING PATH
OF TRAVEL
EXISTING DEVELOPMENT
LOT 3R
PROPOSED PATH
OF TRAVEL
PROPOSED CURB &
GUTTER (TYP.)
iL/�IJIIIV IJ II. I.. 1\nlVlr
EXISTING PARKING
EXISTING BUILDING
1440 MAIN STREET
LOT 2R
EXISTING WALK
L/%IJ I II VV I P91\I\11 vV I IV I\LIvIP911 V/
MAIN STREET
(85' RIGHT-OF-WAY)
EXISTING BUILDING
1450 MAIN STREET
LOT2R
EXISTING TREE WELL
EXISTING PATH
OF TRAVEL
N O
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(D QJ
O.E
WA7Z
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to rro
- MAIN ST.s-Y o °o
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LEGEND:
PROPERTY LINE
ADA ACCESSIBLE ROUTE
PROPOSED BUILDING
EXISTING BUILDING
- — — — — — — —
- PROPOSED EASEMENT
— —
EXISTING EASEMENT
PROPERTY SETBACK
PROPOSED CURB & GUTTER
EXISTING CURB & GUTTER
- — — — — — — —
- PROPOSED SAWCUT
PROPOSED ASPHALT
PROPOSED WALK
PROPOSED LIGHT POLE
EXISTING LIGHT POLE
PROPOSED SIGN
EXISTING SIGN
NOTES:
1. ALL DIMENSIONS TO CURBS ARE TO FLOWLINE
UNLESS OTHERWISE INDICATED.
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SCALE: 1 " = 10'
SEAL:
FOR AND ON BEHALF OF PROOF CIVIL CO.
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CASE NUMBER: ZA22-0056
EXHIBIT NO. 2A
The following is a detail and / or cross section drawing of the improvement(s) in right-of-way to be subject to the
encroachment and joint use agreement in this application.
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 right-of-way requested in this Application for encroachment and joint use of a right-of-way.
Oncor Electric Delivery Company
By:
(Please Print)
Title:
(Please Print)
Signature:
Verizon Telephone Company
By:
(Please Print)
Title:
(Please Print)
Signature:
Charter Communications, Inc.
By:
(Please Print)
Title:
(Please Print)
Signature:
Atmos Energy
By:
(Please Print)
Title:
(Please Print)
Signature:
AT&T / Southwestern Bell Telephone Compan
By:
(Please Print)
Title:
(Please Print)
Signature:
Tri-County
Electric Company
By:
(Please Print)
Title:
(Please Print)
Signature:
City of Southlake
By:
(Please Print)
Title:
(Please Print)
Signature:
SERVICE PROVIDER CONTACTS FOR
EASEMENTS IN SOUTHLAKE
Oncor Electric Delivery
Budd Rodgers, Distribution ROW Agent
109 Crestwood Lane
Springtown, TX 76082
Office: (817) 443-3434
Mobile: (432) 234-9052
Email: buddy.rodgers@oncor.com
Tri-County Electric Cooperative, Inc.
Lauren Baccus, Development Coor.
4900 Keller -Hicks Road
Fort Worth, TX 76244
Office: (817) 752-8226
Fax: (817) 431-9680
AT&T/Southwestern Bell
Verizon Telephone
Eric Williams
Joe Garza
Manager Engineering Design
Superintendent — Network Engineer
1460 Round Table Drive, Room 1000
Office: (972) 252-0770
Dallas, TX 75247
Cell: (325) 245-5102
Office: (214) 745-2964
Email: joe.garza@ftr.com
Fax: (214) 745-8230
Charter Communications, INC
Atmos Energy (Gas)
Marla Collier, Charter Coordinator
Greg Zylka, Project Manager
Office: (817) 298-3615
2000 Reliance Pkwy
Email: Marla.ColIier@charter.com
Bedford, TX 76021
Office: (817) 685-1257 (ext. 1313)
Fax: (817) 359-1338
Email: gregory.zylka@atmosenergy.com
ATTACHMENTS
. IIJ11111L.