Item 4C MemoCITY OF
SOUTHLAKE
MEMORANDUM
(January 4, 2022)
To: Shana Yelverton, City Manager
From: Rob Cohen, Director of Public Works
Item 4C
Subject: Approve an Encroachment and Joint Use Agreement for
Carroll/1709 Ltd. outdoor patio within the utility easement for
the Mesero development located at 1471 E. Southlake
Boulevard.
Action
Requested: Approve an Encroachment and Joint Use Agreement for
Carroll/1709 Ltd. outdoor patio within the utility easement for the
Mesero development located at 1471 E. Southlake Boulevard.
Background
Information: The Carroll/1709, Ltd. is requesting to construct an outdoor patio
within the utility easement for the Mesero development located at
1471 E. Southlake Boulevard. There are no City utilities within this
easement and all franchise utilities have approved the
encroachment.
The proposed outdoor patio will occupy approximately 453 square
feet of utility easement. This agreement will allow the developer to
place an outdoor patio area within the landscape area at the east
side of the property.
Staff is requesting City Council to consider the proposed utility
encroachment for the proposed improvements to the development at
1471 E. Southlake Boulevard.
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, C1: Achieve The Highest
Standards of Safety & Security. The Critical Business Outcome is,
CB03: Engage In Thoughtful Planning To Ensure Continued High
Quality Development That Is Integrated Well Into The Current Built
Environment.
Page 1 of 2
Item 4C
Citizen Input/
Board Review: 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
Carroll/1709 Ltd. outdoor patio within the utility easement for the
Mesero development located at 1471 E. Southlake Boulevard.
Supporting
Documents: Attachment A: Encroachment Agreement Documents
Attachment B: Location Map
Staff
Contact: Rob Cohen, Director of Public Works
Sandy Endy, P.E., Development Engineer
Kevin Ferrer, P.E.,CFM, Deputy City Engineer
Page 2 of 2
Attachment A
APPLICATION FOR ENCROACHMENT AND JOINT USE AGREEMENT
OF A PUBLIC DRAINAGE AND / OR UTILITY EASEMENT
t ZIP �
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
The Shops of Southlake 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:
Construction of an outdoor patio &shade structure.
Carroll/1709, Ltd.
P nted o o rty Owner
Sign t re of Property Owner
3102 Maple Avenue, Suite 350
Address
Dallas TX 75201
City State Zip
214-720-6600
Telephone
Fax Number
L01
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
Carroll/1709, Ltd. , herein after referred to as "Applicant," to use an easement, situated on or
abutting LOT 5 , BLOCK 1 , OF The Shops of Southlake 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 Construction of an outdoor patio & shade structure.
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.
N:\00-New N Drive\ADMINISTRATION-PW DEPT\Forms\Agreements\Joint Use and Encroachment Agreement - Public Easement.doc
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.
1N TE inn0 Y Wf-JEREOF, Applicant executes this Easement Agreement on this
�g day of
City of Southlake
David Palm
rinted me
Printed Name
By:
p icant's Signature By:
Director of Public Works
NOTE: Complete the attached acknowledgements.
61
Note: Only complete the appropriate acknowledgements
THE STATE OF TEXAS §
COUNTY OF TARRANT § Car ora#e Acknowled men#
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 y p ally
subscribed to the foregoing instrument and acknowledged to me that same was the h act ofmsaid
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,
Notary Public in and for the State of Texas
THE STATE OF TEXAS §
COUNTY OF TAR Individual Acknowledgment
7Pa1<a5 FW-§
BEFORE ME, the unersi a authority, a Notary Public in and for the State of Texas, on this day personally
appeared I7GtNI` C. f' 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 29 day of 20 Z t
JOYCE WATSON
o ....
T My Notary ID # 11 i92764 j{ f
My Co
Fires June 7, 2022 Notary Public rn !�ndforthe State of Texas
THE STATE OF TEXAS § Citr of Southiake Acknowle
COUNTY OF TARRANT § dament
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
Addition/Survey to the City of Southlake, Tarrant County, Texas, and being
more particularly described by metes and bounds as follows:
(SEE NEXT PAGE)
Variable Width Utility Easement Joint Use Agreement
The Shops at Southlake
Tarrant County, Texas
BEING a joint use agreement description over a variable width utility easement across an 8.7147
acre tract of land situated in the John A Freeman Survey, Abstract No. 529, said tract also being Lot
5, Block 1, The Shops of Southlake, an addition to The City of Southlake, Tarrant County, Texas
according to the plat thereof recorded in Cabinet A, Page 12458 of the Plat Records of Tarrant
County, Texas, said joint use agreement being more particularly described by metes and bounds as
follows;
COMMENCING at a 1/2" iron rod found for corner in the south right-of-way line of East Southlake
Boulevard (130 foot right-of-way) for the northeast corner of said 7.5985 acre tract and also being
the northwest corner of Lot I in Block 1 of Gorbutt Addition, an Addition to the City of Southlake,
Texas, according to the plat thereof recorded in Cabinet 'A', Slide 9210, of the Plat Records of
Tarrant County, Texas;
THENCE South 27' 37' 39" West for a distance of 87.72 feet to a point for corner in the east line of
an existing variable width utility easement, said point being the POINT OF BEGINNING of said
joint use agreement area;
THENCE South 01' 23' 47" West with the east line of said variable with utility easement for a
distance of 45.33 feet to a point for corner;
THENCE North 88' 36' 13" West with the south line of said variable width utility easement for a
distance of 10.00 feet to a point for corner;
THENCE North 01 ° 23' 47" East with a west line of said variable width utility easement for a
distance of 45.33 feet to a point for corner;
THENCE South 880 36' 13" East a distance of 10.00 feet, to the POINT OF BEGINNING and
containing 0.0104 Acres (454 Square Feet) of land more or less.
VARIABLE WITH UTILITY EASEMENT
LOT 5, BLOCK 1
THE SHOPS AT SOUTHLAKE, CAB. A, PG. 12458
JOHN A. FREEMAN SURVEY, ABSTRACT NO. 529
TARRANT COUNTY, TEXAS
.............................
LAWRENCE A. CATES
SHEET 1 OF 2
EXHIBIT NO. 1
JOINT USE AGREEMENT OF VARIABLE
WIDTH UTILITY EASEMENT
8.31.21
LAC NO. 027-007B
N
0 20'
40'
1"=40'
o RICHARD EADS SURVEY - ABSTRACT NO. 481 CENTERLINE
JOHN A. FREEMAN SURVEY - ABSTRACT No. 529
EAST SOUTHLAKE BOULEVARD
F.M. HIGHWAY NO. 1709
(130' RIGHT-OF-WAY)
P.O.C.
S 88375r E — 485.32'
— — — — — — — — — — — — — — — — — — — — — —
LOT 5, BLOCK 1
VARIABLE WIDTH
UTILITY ESMT
THE SHOPS
CAB A, PG 12457
AT SOUTHLAKE
CAB A, PG 125
H
T.
PRTCT
REST)
S.F.
RETAIL
RY
i
69750 S.F.
1 STORY
IRF IRON ROD FOUND
C.M. CONTROLLING MONUMENT
CAB CABINET
SL SLIDE
PG PAGE
BASIS OF BEARINGS: Plat of Lots 1-5,
Blockl, The Shops at Southlake, as
recorded in Cabinet A, Page 12457,
Plat Records of Tarrant County, Texas.
,1;r
,RF
®1%%E
LINE TABLE
I
I
I
I
NO.
BEARING
DISTANCE
L1
S 01'23'47" W
45.33'
L2
N 88'36'1S' W
10.00,
L3
N 01'23'47' E
45.33'
L4
S 88'36'1S' E
10.00,
VARIABLE WITH UTILITY EASEMENT
LOT 5, BLOCK 1
THE SHOPS AT SOUTHLAKE, CAB. A, PG. 12458
JOHN A. FREEMAN SURVEY, ABSTRACT NO. 529
TARRANT COUNTY, TEXAS
20' WATER LINE ESMT
VOL 12571, PG 205
`20' UTILITY ESMT
VOL 388-156, SL 12
LOT 1R, BLOCK 1
GORBUTT ADDITION
CAB A, SL 9210
PRTCT
................................
LAWRENCE A. CATES
....................
4 3717
9,� �FEss'a y0
8.31.21
SHEET 2 OF 2
EXHIBIT NO. 1
JOINT USE AGREEMENT OF VARIABLE
WIDTH UTILITY EASEMENT
8.31.21
LAC NO. 027-0078
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.
(SEE NEXT PAGE)
EXISTING
707
RICHARD FADS SURVEY - ABSTRACT NO. 481 O
- JOHN A. FREEMAN SURVEY - ABSTRACT NO. 529
SIGNAL
VARIABLE WIDTH
UTILITY ESMT
CAB A, PC 12457
I( F.
7,:�r,
N88°3753 w 84.50 z
LL
Q H o R T. wooD OR I �
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a RETAIL DECKING QLi
F.� N 6,750 S.F. o 8' CONC. SIDEWALK �
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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 requested in this Application for encroachment and
joint use of a public drainage and utility easement.
TXU / ONCOR
AT&T
By:
By:
(Please Print)
(Please Print)
Title:
Title:
(Please Print)
(Please Print)
Signature:
Signature:
Frontier / Verizon
Tri-County Electric Company
By:
By:
(Please Print)
(Please Print)
Title:
Title:
(Please Print)
(Please Print)
Signature:
Signature:
Spectrum / Charter Communications
City of Southlake
By:
By:
(Please Print)
(Please Print)
Title:
Title:
(Please Print)
(Please Print)
Signature:
Signature:
Atmos Energy
One Source
By:
By:
(Please Print)
(Please Print)
Title:
Title:
(Please Print)
(Please Print)
Signature:
Signature:
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.
TXU / ONCOR
By: Aaron Burt
(Please Print)
Title: Utility Design Coordinator
(Please Print)
Signature: .Ra-e"'Z' a -
Frontier / Verizon
Bv:
(Please Print)
Title:
(Please Print)
Signature:
Spectrum / Charter Communications
By:
(Please Print)
Title:
(Please Print)
Signature:
Atmos Energy
Bv:
(Please Print)
Title:
(Please Print)
Signature:
AT&T
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:
One Source
By:
(Please Print)
Title:
(Please Print)
Signature:
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.
TXU / ONCOR
By:
(Please Print)
Title:
(Please Print)
Signature:
Frontier / Verizon
By:
(Please Print)
Title:
(Please Print)
Signature:
Spectrum / Charter Communications
By:
(Please Print)
Title:
(Please Print)
Signature:
Atmos Energy
By:
(Please Print)
Title:
(Please Print)
Signature:
AT&T
By: Eric Williams
(Please Print)
Title: Manager Engineering Design
(Please Print)
Signature: ( ���
Tri-County Electric Compan
By:
(Please Print)
Title:
(Please Print)
Signature:
City of Southlake
By:
(Please Print)
Title:
(Please Print)
Signature:
One Source
By:
(Please Print)
Title:
(Please Print)
Signature:
EXHIBIT NO.3
The undersigned public utility companies, using or entitled to use, under the terms and provisions of our
respective franchise with the Clty 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.
I
By:
(Please Print)
Title:
(Plea Print)
Signature;
Fr_orltier-r-J -Verizon.
By: OR-7 64W
(Please Print)
Title,t '� az't
Please Print)
Signature:
spectrum 1 Charter Co munieations
By:
(Please Print)
Title:
(Please Print)
Signature:
AJMQ1 gngrgv
By;
(Please Print)
Title:
(Please Print)
Signature:
AT&T
By:
(Please Print)
Title:
(Please Print)
Signature:
Tri-County Electric Comnan
By:
(Please Print)
Title:
(Please Print)
Signature:
Cft.of_Southlake
By:
(Please Prim)
Title:
(Please Print)
Signature:
--
One Source
By:
{Please Print)
Title:
(Please Print)
Signature:
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.
TXU / ONCOR
AT&T
By:
By:
(Please Print)
(Please Print)
Title:
Title:
(Please Print)
(Please Print)
Signature:
Signature:
Frontier / Verizon
Tri-County Electric Company
By:
By:
(Please Print)
(Please Print)
Title:
Title:
(Please Print)
(Please Print))
Signature:
Signature: L =ca 6"
Spectrum / Charter Communications
City of Southlake
By:
By:
(Please Print)
(Please Print)
Title:
Title:
(Please Print)
(Please Print)
Signature:
Signature:
Atmos Energy
One Source
By:
By:
(Please Print)
(Please Print)
Title:
Title:
(Please Print)
(Please Print)
Signature:
Signature:
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.
TXU / ONCOR
By:
(Please Print)
Title:
(Please Print)
Signature:
Frontier / Verizon
By:
(Please Print)
Title:
(Please Print)
Signature:
AT&T
By:
(Please Print)
Title:
(Please Print)
Signature:
Tri-County
Electric Company
By:
(Please Print)
Title:
(Please Print)
Signature:
Spectrum / Charter Communications City of Southlake
By: Y
Marla Collier B :
(Please Print) (Please Print)
Title: Business Development Specialist Title:
(Please Print) �J (Please Print)
Signature: Signature:
Atmos Energy
Bv:
One Source
By:
(Please Print)
Title: Title:
(Please Print)
Signature:
Signature:
(Please Print)
(Please Print)
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.
TXU / ONCOR
AT&T
By:
By:
(Please Print)
(Please Print)
Title:
Title:
(Please Print)
(Please Print)
Signature:
Signature:
Frontier / Verizon
Tri-County Electric Company
By:
By:
(Please Print)
(Please Print)
Title:
Title:
(Please Print)
(Please Print)
Signature:
Signature:
Spectrum / Charter Communications
City of Southlake
By:
By:
(Please Print)
(Please Print)
Title:
Title:
(Please Print)
(Please Print)
Signature:
Signature:
Atmos Energy
One Source
Greg Zylka
By:
By:
(Please Print)
(Please Print)
Project Specialist
Title:
Title:
(Please Print
(Please Print)
Signature:
Signature:
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.
TXU/ONCOR
By:
(Please Print)
Title:
(Please Print)
Signature:
Frontier / Verizon
By:
(Please Print)
Title:
(Please Print)
Signature:
SSnectrum / Charter Communications
By:
(Please Print)
Title
(Please Print)
Signature:
Atmos Energy
By:
(Please Print)
Title:
(Please Print)
Signature:
AT&T
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:
One Source
By: :w a New ,
(Please Print)
Attachment B
7 F," UNTRIN Pi - - � ` ir` J.' - �•:
128
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110 F �, I.. (D N CAn
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100 101 Ji �. ro _ rT+r��eY r-
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Project Site
g E. Southlake Blvd.
Tk —ten V
4
41
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