Item 4D - Joint Use and Encroachment Agreement (Unsigned)
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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
______________________________, herein after referred to as “Applicant,” to use an easement, situated on or
abutting LOT________, BLOCK________, OF _______________________________________ 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 ________________________________________________________________
_____________________________________________________ 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 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;
(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.
WorldClass Garages, LLC
3 & 4S 1 WorldClass Garages Addition
Installation of retaining wall over sanitary sewer line
EXHIBIT NO. 1
METES AND BOUNDS DESCRIPTION
229 SQUARE FEET
CONSENT TO ENCROACH
CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS
All that certain 229 square feet of land, out of the 5.644 acres of land described in the deed to
Wheelhouse Garages, LLC, recorded in Document Number D222187260, in the Deed Records
of Tarrant County, Texas, (D.R.T.C.T), in the City of Southlake, Tarrant County, Texas and
more particularly described by metes and bounds as follows: (All bearings shown hereon are
based the Texas Coordinate System of 1983, North Central Zone)
BEGINNING at the southerly corner of the herein described parcel, from which a 1/2” iron rod
with a cap stamped “SPRY 5647” found for the most southerly southeast corner of said 5.644
acre tract bears South 73° 05’ 22” East – 218.64’, and from which a 1/2” iron rod with a cap
stamped “SPRY 5647” found for the most southerly southwest corner of said 5.644 acre tract
bears South 72° 50’ 50” West – 182.22’;
THENCE over and across said 5.644 acre tract, the following courses and distances:
North 20° 23' 58" West - 15.25' to the westerly corner of the herein described parcel;
North 80° 04' 35" East - 15.25' to the northerly corner of the herein described parcel;
South 20° 23' 58" East - 15.25' to the easterly corner of the herein described parcel;
South 80° 04' 35" West - 15.25' to the POINT OF BEGINNING and containing 229
square feet of land.
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.
Oncor Electric Delivery Company AT&T / Southwestern Bell Telephone Company
By: ____________________________ By: ______________________________
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Title: ___________________________ Title: _____________________________
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Signature: ________________________ Signature: __________________________
Verizon Telephone Company Tri-County Electric Company
By: ____________________________ By: ______________________________
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Title: ___________________________ Title: _____________________________
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Signature: ________________________ Signature: __________________________
Charter Communications, Inc. City of Southlake
By: ____________________________ By: ______________________________
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Title: ___________________________ Title: _____________________________
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Signature: ________________________ Signature: __________________________
Atmos Energy
By: ____________________________
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Title: ___________________________
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Signature: ________________________