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Cornerstone Business Park (Lot 3R, Block 4) - Easement/Right of Way Joint Use Agreement v Easement / Right-of-Way Joint Use Agreement THE STATE OF TEXAS § LL, 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 (.iuAZLE! ;TCL3 aUFL k , t, P herein after referred to as "Applicant," to use an easement / right-of-way, situated on or abutting LOT3BLOCK... 4_, OF ~t~tVEQS~bfJ~ 526ktJC,~&- il~lC' 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 ,L~;~ ~ucT~1JEs l>< I0. 0Ak?C%-T EQ. C)J)(-~-o<"L-) 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. 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 / 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. WgO&WA p. I q n 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, Ap 'cant executes this asement / Right-of-Way Use Agreement on this 2Q day of fT" , 20. 01 4' City of Southlake /fj' f~.~/CC,/,Qi~L/, ~/ir✓ Printed Name By- By: ~.l -00 ll Director o Public Works Applican ' Signature NOTE: Complete the attached acknowledgements. RETURN TO, CITY OF SOUTHLAKE OFFICE OF THE CITY SECRETARY 1400 MAIN STREET, SUITE 270 SOUTHLAKE, TEXAS 76092 bVbm3 L)4 p. ~ 12~ 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 Ra` „V< \j. W eL`-\M > , 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 - qr< \ oi., , a corporation, and that he executed same for the purposes and consideration therein cpressed and in the capacity therein stated GIVEN UNDER MY the ?_o~ day of &uc.,,A , 20 ©a '~CHEYENNE J. GLITZ --Q" ° Notary Public, State of Texas My Commission Expires November 03, 2010 Notary Public n and for -the to of Texas My Commission Expires. i i 1 3 i tow 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 ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared ff-'PA c ¢ , known to me to be the person and officer whose name is ubscribed to the foregoing instrument and acknowledged to me that same was the act of said A 50tj~R~ , a municipal corporation, and that he executed same for the purposes and con i ration therein expressed and in the capacity therein stated GIVEN ICE this the ;tj day of 20.Lq-. J"W P =State Nxas s ' Notary Public in and for the State of Texas My Commission Expires. I t- I I- 10IZ )12bgm3l,Dy 0122 EXHIBIT NO. 1 Being that portion of that c rt in public utility easement / drainage easement / right of way situated in t~rrJa~S~etlC. a-s;kluss i-as Addition/Survey to the City of Southlake, Tarrant County, Texas, and being more particularly described by metes and bounds as follows. t02NM304 p.4122 EXHIBIT A FIELD NOTES FOR A SPECIAL USE AREA: BEING A PORTION OF LOT 3R, BLOCK 4, CORNERSTONE BUSINESS PARK, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, ACCORDING TO PLAT RECORDED IN CABINET A. SLIDE 7252, PLAT RECORDS, TARRANT COUNTY, TEXAS, AND BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF TRACT BEING DESCRIBED, SAID POINT BEING LOCATED 264.98 FEET NORTH 00 DEGREES 18 MINUTES 59 SECONDS WEST AND 90.19 FEET WEST FROM THE SOUTHEAST CORNER OF SAID LOT 3R, BLOCK 4, CORNERSTONE BUSINESS PARK; THENCE NORTH 45 DEGREES 14 MINUTES 00 SECONDS WEST 11.50 FEET; THENCE NORTH 44 DEGREES 46 MINUTES 00 SECONDS EAST 9.72 FEET; THENCE EAST 3.95 FEET; THENCE SOUTH 45 DEGREES 14 MINUTES 00 SECONDS EAST 8.70 FEET; THENCE SOUTH 44 DEGREES 46 MINUTES 00 SECONDS WEST 12.50 FEET TO THE POINT OF BEGINNING AND CONTAINING 139.86 SQUARE FEET OF LAND PZE9f Tech CHARLESB.HOOKS.JR. "O 3946 ~f S S~~'•P l9N~ SURVE~O ! ~2~o33~(xl p.~~2z Scale f 30' EXHIBIT B ~ I SPECIAL USE AREA I I I I N L3 I I - --------61 z' - -I---- ---t - 159.86 ExGnNG 15' ORG. do U.E. I WEST 90.19 - Exlsnl c ao' DRC. ec u.E I POINT OF BEGINNING I - I I I I I ~ I I S I N I I Ct I I ~ I Z I I ~ I I NUMBER DIRECTION DISTANCE ! m I h L1 S44'46'00"W 12.50 I I 0 I L2 S45'1 4'00"E 8.70 I ! h z L3 EAST 3.95 I m E o L4 N4446'00"E 9.72 I m I D D 0 N L5 N45714'00"W 11.50 I Z I ~O(nm - I 0 I -`rm hoer) I OD In 0 I Z0 I cn o r+1 ~ x I Ln N LOT 3R, BLOCK 4 I I o CORNERSTONE BUSINESS PARK I ro I D CAB. A, SLIDE 7252 I o P.R.T.C.T. I I 0 o I ! Z I I ~ I I in I I ~ I I ~ I I m I I 1 I I ! I I I I I I I I i I I I I i I EXCHANGE BOULEVARD LEGEND: 7'F' • IRON PIN:•;€;~ LOYD BRANSOM SURVEYORS INC. O IRON PIPE g~•:., h,,,r ~ti of r CHARLES B. HOOKS, JR. BOIS O'ARC STAKE $x CQr• 'srp°~.9 ~a:•:•. ) 5; o~ a :s REGISTERED PROFESSIONAL LAND SURVEYOR ❑ CONCRETE MONUMENT Q~ Fo•: 1028 NORTH SYLVANIA AVENUE --x-x- FENCE M •x 1~..» - ♦-o- POWER LINE c CHARLES B. HOOKS. JR. FT. WORTH, TEXAS 76111 -T-T- TELEPHONE LINE' 9"'394'6'°"p (817) 834-3477 -CAV- CABLE TELEVISION q . pF?- 0,33 CONCRETE PAVING yyyy;., gyOSURVE~O tl~0 ZZ ASPHALT PAVING V ~'~r; 08-1180 DATE: 08-19-08 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. p 710 EXHIBIT NO. 2A The following is a detail and / or cross section drawing of the improvement(s) in the utility easement / drainage easement / right of way to be subject to the encroachment and joint use agreement in this application b2L-flb3;Y,M p ?122 Exhibit No. 2A, Part 1 GATE MASONRY SCREENING 8 c0 0 6" DIA. PIPE BOLLARD CONCRETE FILLED, SET cn IN CONCRETE 3' BELOW GRADE PAINT OSHA YELLOW REFUSE CONTAINER Al ELEVATION (T"''fi=.) 1/ 11 =]I 4 -oil ~~gED 4 ~9~~ 11130 OF FOR REVIEW ONLY NOT FOR REGULATORY APPROVAL, PERMIT, OR CONSTRUCTION. MICHAEL J. UJRIGNT, ARCHITECT TEXAS REG. a 11130 p.R q ZZ Exhibit No. 2A, Part 2 % SCREENING 8'-m" MIN. HGHT. 6~ 0 pi 6" DIA. PIPE BOLLARD ~ = cv 5'-m" 31-0. I I ~ I I 0 I I j 8 CUBIG YD i'1A60NRY SCREENING 'TOP s END LOAD' DU!`lF5TER 1 01. II'-m" I I I L J - - - - - - - - - - - - - - - f GATE /-ro" DIA. 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I I I 1- r 1 -SID 6 -to 9 1 I I .m-,mz 3MV'~3ZI~d ibZ I .91 .9 •,4L •0 .m-,LI 03 I I 1 I o' ~ ~ I ® I 1 ® a r ~ I I in4 O I I ' I I VT T ~ I 1 , i sE, ~ y~~ ` I I I r Y ~ I kkF I I I .m-,GI i -,4L ,m-,GI I I 1 I i - ]^z 0 j I pWI I W ()-z B F W aQ N WZ 1 zzqqI j X'Q e 0-1%ii X I j ; I it 1 a dl I )Z, = Z X W'Q I I y I ,ep 10 j ~m j ?m Wmol U ol Tr I IJ Q~ O'9-IWQ1= 66 - Zu`~X 1 I I _J 291t x~ N Q ' I S I9♦1 1 I 1 r(~(~~ N~ Q 7U~ ~ ~ ~ ~ j ( ~I3Y ,L____ _ I I X11 VVV rC _ I `'g Z UVY N I 1 W ' _LL I I ill I I 1 I ~ e - FIT, EIZIT yt ;n -,II I .Y-.99 .m-91 m-,IE ,m•,£9 exdDDV15.m-,L' Y{5Q i i i r 36Id 4L A-u q 3NV ~ I~ bL ; ' ,m-Lml ll ,m•,9m1 1 I g I - I I i ~ 6~ I l i I M M 1 10 I I I .G- .5-,II I I I X X.... 1 I I I ~ ~ ~w 1 I a ~ a iu ZJ Cl() ~'tttt w _ [D LDLI I I I I U =~N ev 9QO N~ N OQ1~ 9 ' O ~OQ1W xZ =MAN 0? m 6 ~0 N=~1 I i / Q~~Q DEW XQ Z -3i Wg, l7 :r -Jul d, ° I I E~ 1l-1 Q~ Q ' I0 p I I I _ ~ I 3N1, rJNIGIIfIG I - I 10 I __~4 3d.LLC .1~13d31G ,5 .m- - .m-,EG _ .m-,mL I .m-,EG .m-,mt ,m-,E4 I m',mL 1 1 9 I 1 ~ - - „tl lnn5 'b i3Niev~ 17911wa Tw°w10♦iI'MIG2/JY/J MirYIIY iIOLi 1 r 3rNWY'LI~,51 >„wsne 3rva3o 3tibui rn9ullwo49naw mom nMO1a tI lo-I /11 Y'Ja" 79 j Fv ^ V 2 L 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 a public drainage and utility easement or right-of-way Lot(s) I ~Z Block(s) of the Cos ues t3 Q - Addition to the City of Southlake, Tarrant County, Texas. Street name: 1514 g 5,1;c-0o UUMMMERM Gas Company Southwestern Bell Telephone Companv By- By: (Please Print) (Please Print) Title: Title. (Please Print) (Please Print) Signature: Signature: Verizon Telephone Company Tri-County Electric Company By: By: (Please Print) (Please Print) Title- Title: (Please Print) (Please Print) Signature- Signature: Comcast Cable. Inc. City of Southlake By: By: (Please Print) (Please Print) Title. Title: (Please Print) (Please Print) Signature- Signature- Oncor Electric Delivery Company LLC By: Tommy F. Newsom Title: Attorney-In-Fact Signature: 22 ~2L~'1033(oD~l P,4 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 a public drainage and utility easement or right-of-way Lot(s) Block(s) of the Addition to the City of Southlake, Tarrant County, Texas. Street name: O,uCCA ~ZIC D~LZGC~' LCC Southwestern Bell Telephone Company By: bLEW By- (Please Print) (Please Print) Title: b a-: 5zC V 1r-(Z- Title. ^(Please Print) (Please Print) Signature: Signature: Verizon Telephone Company Tri-County Electric Company By: By: (Please Print) (Please Print) Title- Title. (Please Print) (Please Print) Signature: Signature: Comcast Cable, Inc. City of Southlake By: By- (Please Print) (Please Print) Title: Title: (Please Print) (Please Print) Signature: Signature. ~W(Mwl P] i 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 a public drainag`e and utility easement or right-of-way Lot(s) Block(s) of the Coc IJ¢r:~ ~raN Addition to the City of Southlake, Tarrant County, Texas. 7e)u~`trJ P&cC., Street name* 54°t S~~~c~,►s -Dc W 14 t' TXU Electric & Gas Company Southwestern Bell Telephone Company By: By- (Please Print) (Please Print) Title, Title: (Please Print) (Please Print) Signature Signature: Verizon Telephone Company Tri-County Electric Company By- -D422£1,L By- (Please Print) (Please Print) Title -5~f,,y Title: (Please Print) /Z P (Please Print) Signature Signature Comcast Cable, Inc. City of Southlake By- By- (Please Print) (Please Print) Title: Title: (Please Print) (Please Print) Signature. Signature: ~ zz W03300 PA 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 a public drains a and utility easement or right-of-way Lot(s) Block(s) of the L Addition to the City of Southlake, Tarrant County, Texas Street name TXU Electric & Gas Company 4- By- By airC.,. SiVL (Please Print) (Please Print) Title Title //&t540A P1 A) 6~, JLIhL W 6 . (Please Print) (Please Print) Signature Signature- Verizon Telephone Company Tri-County Electric Company By By- (Please Print) (Please Print) Title Title (Please Print) (Please Print) Signature* Signature Comcast Cable, Inc. City of Southlake By- By- (Please Print) (Please Print) Title Title (Please Print) (Please Print) Signature. Signature ~2~Q33~0~1 p 2Z 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 a public drai(nage and utility easement or right-of-way Lot(s) ~ Block(s) of the CzrpQ.r,~4nV-10- Addition to the City of Southlake, Tarrant County, Texas. , ae-ss P44- Street name: SLlq S~~icos.~-0~wQ- TXU Electric & Gas Company Southwestern Bell Telephone Company By: By: (Please Print) (Please Print) Title: Title: (Please Print) (Please Print) Signature. Signature: Verizon Telephone Company Tri-County Electric Company By- By: (Please Print) (Please Print) Title- Title (Please Print) (Please Print) Signature. Signature: ATMOS ENU~,GY City of Southlake By- ~F W~L(L By. (Please Print) AA A, (Please Print) Title ~Y l~V~(~ 6L12 Title: (Please Print) (Please Print) Signature. Signature. IN" 1"W7 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 a public drainag and utility easement or right-of-way Lot(s) Block(s) of the C' r>J~c Addition to the City of Southlake, Tarrant County, Texas. ~~1~~<~S tea c k Street name. S Wk cr~n1 t; TXU Electric & Gas Company Southwestern Bell Telephone Company By- By- (Please Print) (Please Print) Title. Title. (Please Print) (Please Print) Signature Signature Verizon Telephone Company Tri-County Electric Company By- By- SAUAt 8"4C R (Please Print) (Please Print) Title Title. M60,44E2. (Please Print) (Please Print) Signature Signature- Comcast Cable, Inc. City of Southlake By: By: (Please Print) (Please Print) Title: Title* (Please Print) (Please Print) Signature. Signature 2Z Oh 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 a public drains a and utility easement or right-of-way Lot(s) 3(L. , Block(s) of the &c'w V< 9 Addition to the City of Southlake, Tarrant County, Texas. - Street name. S yq S Sk czk) _736 go TXU Electric & Gas Company Southwestern Bell Telephone Companv By: By- (Please Print) (Please Print) Title, Title (Please Print) ase Print) 2i' Signature. Signature _ LJ Verizon Telephone Company Tri-County Electric Companv By- By: (Please Print) (Please Print) Title Title (Please Print) (Please Print) Signature: Signature: Comcast Cable, Inc- City of Southlake By- By: (Please Print) (Please Print) Title: Title: (Please Print) (Please Print) Signature. Signature: RECEIVED AUG 2 6 2008 AT&T UTIUTY COORDIN TIOIN' ~2C~►~33 (OL4-1 pv 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 a public drainage and utility easement or right-of-way Lot(s) z , Block(s) LA of the 0 L Addition to the City of Southlake, Tarrant County, Texas Street name oNc- 500?-0C Southwestern Bell Telephone Company By. AMT lkft Y.:w+LM- By- (Please Print) (Please Print) Title N iC tM Sts QAT Lr t~\~ ii 1 Ct~N~ Title (Pleas Print) (Please Print) Signature Signature Verizon Telephone Company Tri-County Electric Company By- By- (Please Print) (Please Print) Title Title (Please Print) (Please Print) Signature. Signature Comcast Cable. Inc. City of Southlake By- By- (Please Print) (Please Print) Title Title (Please Print) (Please Print) Signature, Signature- 't)2 b'' 3tom p ~c. ~2 CITY OF Invoice No. 53923 SOUTHLAKE INVOICE Print Date: 11512009 1400 Main Street Southlake, Texas 76092 Case/Permit Number: ENCR09-0010 Page 1 of 1 Application Name: Cornerstone Business Park - Dumpster in ROW Address: 531 SILICON DR Application Type: Building / Public Works / Encroachment Agreement / NA Amount Fee Description Invoice Date Invoiced By Invoiced Easement Encroachment Permit Fee 01/05/2009 CCOMSTOCK $15000 Total Fees Invoiced: $150.00 ~2l~Q33 ~U-( p2~ ~Z www.cityofsouthiake.com Innovation 0 Integrity 0 Accountability 0 Commitment to Excellence 0 Teamwork APPLICATION FOR ENCROACHMENT AND JOINT USE AGREEMENT OF A PUBLIC DRAINAGE AND / OR UTILITY EASEMENT OR RIGHT-OF-WAY ( I log ' 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 drainaqe and / or utility easement or right-of-way situated on or abutting property located at LA-)T C, )V, y Cczmez_-,X - r"~"~+k{ti, MBnd described by metes and bounds in Exhibit No. 1 of the attached agreement. The reason for the encroachment and use of the easement/right-of-way is as follows: i'6 aQcL~DC- effiCl: TEtiAIJ~~ TWA D~(t~a? iCCS t,11,TEAO of CQL 70 NAv3niic-' i 09 TQ54\ A4,D G.Ndt:.LtSTcN C~ti,'~~" , tr1~ L EK1 R.A L PA ~_T OC k 414 2,- 8 _2_Q_ G Printed Name of Pro erty Owner Telephone na ure of Pro rty Owner Fax Number 5 ~t cr !.1 \V C- Address bQ~~ Z Sow N LAN-c- N y -i City State Zip C•\Documents and Settings\cgutz\Local Settings\Temporary Internet Files\OLKI8D\Joint Use and Encroachment Agreement.doc y sstws•ii» CITY OF SOUTHLAKE 1400 MAIN ST STE 270 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: 02/09/2009 12:21 PM Instrument 209033604 E 22 PGS $96.00 By: I IIIIIII (III VIII VIII VIII VIII VIII VIII III VIII IIII IIII D209033604 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