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Item 4F - MemoCITY OF SOUTHLAKE MEMORANDUM March 3, 2026 To: Alison Ortowski, City Manager From: Lauren LaNeave, Interim Director of Public Works Item 4F Subject: Approve an Encroachment and Joint Use Agreement for Southlake Town Square Addition, Block 4R1, Lot 3R2R for the installation of bollards and planters within the city right of way of Grand Avenue for the development located at 260 Grand Avenue. Action Requested: Approve an Encroachment and Joint Use Agreement for Southlake Town Square Addition, Block 4R1, Lot 3R2R for the installation of bollards and planters within the city right of way of Grand Avenue for the development located at 260 Grand Avenue. Background Information: The purpose of this item is to seek City Council approval of an Encroachment and Joint Use Agreement for the installation of bollards and planters within the city right of way of Grand Avenue for the development located at 260 Grand Avenue. This agreement will allow the developer to install new vehicle barriers along the building frontage. The bollards and planters will be located where the existing concrete benches are currently located and will not impede upon the pedestrian sidewalk access along Grand Avenue. Staff is requesting City Council to consider the proposed right of way encroachment of Grand Avenue for the proposed improvements to the development at 260 Grand Avenue. Financial Considerations: This is a no cost agreement. Strategic Link: This item links to the City's Strategy Map Partnership & Volunteerism. It specificall y Page 1 of 2 Item 4F 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. Supporting Documents: Attachment A: Encroachment Agreement Documents Attachment B: Location Photo Staff Recommendation: Approve an Encroachment and Joint Use Agreement for Southlake Town Square Addition, Block 4R1, Lot 3R2R for the installation of bollards and planters within the city right of way of Grand Avenue for the development located at 260 Grand Avenue. Staff Contact: Lauren LaNeave, Interim Director of Public Works Sandy Endy, P.E., CFM, Development Engineer Jeff Ginn, P.E.,CFM, City Engineer Page 2 of 2 ATTACHMENT A APPLICATION FOR ENCROACHMENT AND JOINT USE AGREEMENT OF A RIGHT-OF-WAY 01/26/2026 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 60 Grand Ave East o hlak , TX 76092 , 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: Refresh and upgrade at the sidewalk in front of Existing Tenant storefront. No interior work or change to occupancy. All work exterior and within part of pedestrian sidewalk zone, for install of new bollards. No impact to traffic or street. Randy Burke SVP, Construction (817) 585-2080 Printed Name of Property Owner Telephone Signature of Property Owner Fax Number 285 Grand Avenue, Suite 210 Address Southlake, Texas 76092 City State Zip Right -of -Way 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 right-of-way, 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 Refresh and upgrade at the sidewalk in front of Existing Tenant storefront. No interior work or change to occupancy. All work exterior and within part of pedestrian sidewalk zone, for install of new bollards. No impact to traffic or and being subject to the following conditions: street. 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. 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 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 Right -of -Way Use Agreement on this day of December , 20 25 Don Dacumos Printed Name By: By: Applicant's Signature NOTE: Complete the attached acknowledgements. City of Southlake Mayor 11 th Note: Only complete the appropriate acknowledgements THE STATE OF TGIF lT J J/f�lg COUNTY OF TAR*NT^Wio § Corporate Acknowledgment BEFORE ME, the undersigned authority, A Notary Public in and for the State of Texas, on this day personally appeared j2H/✓/� y /��2/l[, , known to me to be the person and officer whose name is sub crii d to the �f/ifore oing instrument and acknowledged to me that same was the act of said ��ilgi✓0 '8 /`c-<:- a corporation, and that he executed same for the purposes and consideration therein expressed and in he capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the (� / 0 day of— 20Lq�. 5EAL OM" S"yy D. TWW9 ro Notary Pubk, State of'kWk mMadison Co u t ` Commfss on NumberNPb7262g�� My Commhebn F�cpNea Notary Public in and for the State of AO CVL My Commission Expires: THE STATE OF TEXAS § COUNTY OF TARRANT § 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 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 , 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 My Commission Expires: 20 Notary Public in and for the State of Texas Page is too large to OCR. Page is too large to OCR. 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 Bv: (Please Print) Title: (Please Print) Signature: Verizon Telephone Company Bv: (Please Print) Title: (Please Print) Signature: Charter Communications, Inc. Bv: William Renner (Please Print) Title: Construction (Please Print) Signature: William Flenner Atmos Energy Bv: (Please Print) Title: (Please Print) Signature: AT&T / Southwestern Bell Telephone Company By: (Please Print) Title: (Please Print) Signature: Tri-County Electric Company Bv: (Please Print) Title: (Please Print) Signature: City of Southlake Bv: (Please Print) Title: Signature: (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 right-of-way requested in this Application for encroachment and joint use of a right-of-way. Oncor Electric Delivery Company Bv: (Please Print) Title: (Please Print) Signature: Verizon Telephone Company Bv: (Please Print) Title: (Please Print) Signature: Charter Communications, Inc. Bv: (Please Print) Title: (Please Print) Signature: Atmos Energy By: (Please Print) Title: (Please Print) Signature: AT&T / Southwestern Bell Telephone Compan By: Eric Williams (Please Print) Title: Manager Engineering Design (Please Print) Signature: w Tri-County Electric Company By: (Please Print) Title: (Please Print) Signature: City of Southlake 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 right-of-way requested in this Application for encroachment and joint use of a right-of-way. Oncor Electric Delivery Company Bv: (Please Print) Title: (Please Print) Signature: Verizon Telephone Company By: Joe Ben Garza /Frontier (Please Print) Title: Supervisor Network Eng (Please Print) Signature: Charter Communications, Inc. By: (Please Print) Title: (Please Print) Signature: Atmos Energy Bv: (Please Print) Title: (Please Print) Signature: AT&T / Southwestern Bell Telephone Compan By: (Please Print) Title: (Please Print) Signature: Tri-County Electric Company Bv: (Please Print) Title: (Please Print) Signature: City of Southlake By: (Please Print) Title: Signature: (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 right-of-way requested in this Application for encroachment and joint use of a right-of-way. `Tju-),J "3(1V(ZZC RED, �'t oi� , Q)L C ZF 2 K , LoT "l 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 Company By: (Please Print) Title: (Please Print) Signature: Trl-County Electric Company By: 5E0VEAk) (Please Print) Title: l i&-I) SUR-Zi?7- (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 AT&T/Southwestern Bell Eric Williams Manager Engineering Design 1460 Round Table Drive, Room 1000 Dallas, TX 75247 Office: (214) 745-2964 Fax: (214) 745-8230 Charter Communications, INC Marla Collier, Charter Coordinator Office: (817) 298-3615 Email: Marla.ColIier@charter.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 Verizon Telephone Joe Garza Superintendent — Network Engineer Office: (972) 252-0770 Cell: (325) 245-5102 Email: joe.garza@ftr.com Atmos Energy (Gas) Greg Zylka, Project Manager 2000 Reliance Pkwy Bedford, TX 76021 Office: (817) 685-1257 (ext. 1313) Fax: (817) 359-1338 Email: gregory.zylka@atmosenergy.com ATTACHMENT B sit JIM —lot" 'LIM P. 64 7IN CD U) , 6)/y 1q-v-, �7