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Item 4HSOUTHLAKE TEXAS MEMORANDUM January 20, 2009 To: Shana Yelverton, City Manager From: Robert H. Price, P.E., Public Works Director Subject: Approve an encroachment and joint use agreement with Charleston Court, LP for Lot 3R, Block 4, Cornerstone Business Park. Action Requested: Approve an encroachment and joint use agreement with Charleston Court, LP for Lot 3R, Block 4, Cornerstone Business Park. Background Information: The Savanah Office Court development is a part of the Cornerstone Business Park development located south of Southlake Boulevard off of Nolen Drive and Silicon Drive. This new development will consist of 7 buildings totaling 34,899 square feet on approximately 2.58 acres. There is an existing 6 inch sewer line in a 15 -foot drainage and utility easement (DUE) that exists on the northern portion of this lot. A proposed refuse container would encroach in this existing 15 foot DUE and be constructed on top of the existing sewer line. A masonry wall on three sides with a gate for access to the dumpster is proposed for screening. It should be noted that while the easement that the dumpster screen was originally dedicated for the purpose of conveying drainage and the placement of utilities; in actuality, no drainage is being conveyed in conjunction with this easement. The developer's Engineer has provided a letter stating that the placement of the dumpster screen will not adversely impact any drainage for this site or an adjacent site. Financial Considerations: None. Citizen Input/ Board Review: The City Council previously approved the site plan for this development on October 17, 2006. The Planning and Zoning Commission previously approved the site plan on October 5, 2006. Legal Review: The standard encroachment and joint use agreement has been reviewed by the City Attorney. Alternatives: The City Council may approve the encroachment and joint use agreement or deny it. Supporting Documents: Location Map Encroachment Agreement w /exhibits Staff Recommendation: Approve an encroachment and joint use agreement with Charleston Court, LP for Lot 3R, Block 4, Cornerstone Business Park. Staff Contact: Robert H. Price, P.E., Public Works Director Gordon J. Mayer, Jr., P.E., City Engineer Michelle Speaker, P.E., Civil Engineer N 9 3N3W 0 _c DO 0 z u 3I11S a LO c� a, a D i!i :2 d C m 6 H 0 LO L - L APPLICATION FOR ENCROACHMENT AND JOINT USE AGREEMENT OF A PUBLIC DRAINAGE AND 1 OR UTILITY EASEMENT OR RIGHT -OF -WAY �9 1 1 lof� 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 I or utility easement or right -of -way situated on or abutting property located at ", t�s QUnd described by metes and bounds in Exhibit No. 1 of the attached agreement. The reason for the encroachment and use of the ease men Urig ht-of-way is as follows: TC t1A>J C NAQ-k- -� t of 1 C -UC - T , L? 13C, , Gb% -- 5�A t_ - PA ETOC Z Printed Name of Property Owner nature of Property Owner 8 iI - 4'-t ? ` t i ? QC Telephone Pz k:j - '-142. - - 4 sc Fax Number Address Sot) 1a lAY C� - CX UDC ? City _ State Zip C ADocuments and Sct6ngslcgutzlLoca1 SettingsCTemporary lntemet Filcs\OL KI SMoint Use and Encroachment Agreement doe Easement 1 Right-of-Way Joint Use Agreement THE STATE OF TEXAS § 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 ce'up- i , L a� herein after referred to as "Applicant," to use an easement 1 right -of -way, situated on or abutting LOT 3 P, BLOCK , OF - B'%WeJ 5' 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 r_r � �,Y Luc � 1?JEs k ZjOMPST E`z (n Q,C,X.._,oEL)Zr-- 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 1 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 easements to be discontinued and I or removed within thirty (30) days of written notification, at the discretion of City, for: (1) Lack of maintenance to the easement 1 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 1 right -of -way necessitated by such discontinuation of the easement 1 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 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 TESTIMO WHEREOF, Appfic_ant executes this asement / Right -of -Way Use Agreement on this day of r/rr , 20 0 p . City of Southlake ey ��ll `!A/ec� � V Printed /f Name By: By: Director of Public Works Applicant's Signature NOTE: Complete the attached acknowledgements. 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 - 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 r _ 1 u c., , a corporation, and that he executed same for the purposes and consideration therein 66ressed and in the capacity therein stated GIVEN UNDER MY R l - n the _ 2o'" "day of /\L)G 20 ut� CHEYENNE J, GUFZ :Od F yefi �' ^= Notary Public State of Texas My Commission Expires -- �.,,,p�t;,o November 03, 2030 Notary Public (In and for to of Texas My Commission Expires: I I L a_1 znlo THE STATE OF TEXAS § Individual Acknowledgment COUNTY OF TARRANT b 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: Notary Public in and for the State of Texas 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 , 20_ My Commission Expires: Notary Public in and for the State of Texas EXHIBIT NO. 1 Being that porkion of that c rtain public utility easement 1 drainage easement 1 right of way situated in �u <;,.��s t Addition /Survey to the City of Southlake, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: 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 0O 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 4-4 DEGREES 46 MINUTES 00 SECONDS WEST 12.50 FEET TO THE POINT OF BEGINNING AND CONTAINING 139$6 SQUARE FEET OF LAND OF �p r i(, � \ST tP CHARLE5 B.la0tIK5 ,J R. ......... .p r` r � °•.FE's sip 4- qyQ I I m LOT 3R, BLOCK 4 I � CORNERSTONE BUSINESS PARK 1 N CAB A, SLIDE 7252 0 P.R.T.C.T. I n Ln I � I 0 [ s [ n m in I I � C I m EXCHANGE BO(ILEVA.RD LEGEND: TF • IRON PIN o IRON PIPE e 9015 D'ARC STAKE ❑ CONCRETE UONUUENT ��- FENCE 3.95 POWER LINE — T- -^T-^- TELEPHONE LINE L5 CA9LC TELEVISION I CONCRETE PAVING �--�_ ASPHALT PAVING Scala 1 "= 30' E SPECIAL USE AREA I POINT OI BEGINNIM I L -' �pC3S711413 15' DRG, & U,E, I — WEST 90.19 I f I 1 I i I I I I NUMBER DIRECTION DISTANCE L1 544'46'00 "W 12.50 L2 S45' 14'00 "E 8.70 L3 EAST 3.95 L4 N44'46'00 "E 9.72 L5 N45' 14'00 "W 11.50 08 -118D EXHIBIT B f f I I rEXISTiNG 30' DRG, & u.E E LOYD DRANSOM SURVEYORS INC. CHARLES B, HOOKS, JR. REGISTERED PROFESSIONAL LAND SURVEYOR 1028 NORTH SYLVANIA AVENUE FT. WORTH, TEXAS 76111 (817) 834 -3477 DATE: 08- 19--08 � I z [ N I 4 I C? [ o z � E n I n { [ z p M r P? ID O m ( U �nZN z I � cnl' T A 0 Co 0m ao I v _' 0 . Z Ln Ln LQ — Ln N I n � [ z Do I 1 I ( I F { LOYD DRANSOM SURVEYORS INC. CHARLES B, HOOKS, JR. REGISTERED PROFESSIONAL LAND SURVEYOR 1028 NORTH SYLVANIA AVENUE FT. WORTH, TEXAS 76111 (817) 834 -3477 DATE: 08- 19--08 EXHIBIT NO. 2 The following is a drawing depicting the area or portion of the easement 1 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 r4 0 2 h m x u (TOnvd 3{a - YFb'J 1 9 '(OA - IG 3lDNVH0Xa ®o a a z uj 45F 3H } 0 U" EXHIBIT NO, 2A The following is a detail and / or cross section drawing of the improvement(s) in the utility easement / drainage easement I right of way to be subject to the encroachment and joint use agreement in this application. Exhibit No. 2A, Part I 1' -O" W -0 1 1' -0" )NRY SCREENING CIA. PIPE BOLLARD 1CRETE FILLED, SET 'ONGRETE 3' BELOW ODE PAINT 05NA YELLOW 1 4 it I I _011 OF FOR REVIEW ONLY NOT FOR REGULATORY APPROVAL, PER IT, OR CONSTRUCTION MIGNAEL J WRIGHT, ARCHITECT TEXAS REG. p 11130 3 FREFU51 I�1 CONT4 1NEfR Al E LE V A T ION IO l i `rf=l.1 Exhibit No. 2A, Part 2 KIIIMI 0 " 3' -p' I I I a CUBIC YD I TOP 8 END LOAD, I DUMPSTER I II' -@' I I L -- J SCREENING S` -@' MIN NG1-IT 6" DIA PIPE BOLLARD MASONRY SCREENING GATE ,—ro' DIA. PIPE BOLLARD CONCRETE FILLED, SET IN CONCRETE 3' BELOW GRADE PAINT OSHA YELLOW F�EFLISE CONTAINER SCREENING 11 11 = I I F y n r� sll� la�3o �Q OF FOR REVIEW O NLY NOT FOR REGULATORI' APPROVAL, PERMIT, OR CONSTRUCTION r11CNAEL J. WRIGHT, ARCHITECT TEXAS RECD it 11130 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 drainagge and utility easement or right -of -way Lot(s) Z , Block(s) _ of the Cc r 0Q— Addition to the City of Southlake, Tarrant County, Texas mss" ") L6 -. � s Street name: 514 9 4 &killo 1k'1-0- TI(1 MMOM Gas Company By: (Please Print) Title: (Please Print) Signature Verizon Telephone Company By: (Please Print) Title: (Please Print) Signature: Comcast Cable, Inc. By: (Please Print) Title: (Please Print) Signature: Oncor Electric Delivery Company LLC By: Tommy F. Newsom Title: Attorney -In -Fact Signature: I��� Southwestern Bell Telephone Company 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: 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 1 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 Co Q Q Addition to the City of Southlake, Tarrant County, Texas Boa �LTk Street name: &LiR S�� cr - 0" ,J Q. By: F-Ko k _k (Please Print) Title: b (rs2C VJ (Please Print) Signature: Verizon Telephone Compan By: (Please Print) Title: (Please Print) Signature: Comcast Cable, Inc. By: (P €ease Print) Title: (Please Print) Signature: Southwestern Bell Telephone Company 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: 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) 3Q , Block(s) of the ' ap - poC' :5�-otz, 2 Addition to the City of Southlake, Tarrant County, Texas -8'3�tt1, Street name: 2S 'a o E v e. TXU Electric & Gas Compan By: (Please Pr int) Title: (Please Print) Signature: Verizon Telephone Compan By: / fRR (Please Print) Title: -5f,-V / T (Please Print) Signature Comcast Cable, Inc. By: (Please Print) Title: (Please Print) Signature: Southwestern Bell Telephone Company 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: 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 I 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 �urt,es IJ C_ Addition to the City of Southlake, Tarrant County, Texas '13 1 Street name: _ _ L4 q Si I «0 DC, lj;'� TXU Electric & Gas Company By: (Please Print) Title. (Please Print) Signature: Verizon Telephone Company By: _ (Please Print) Title: (Please Print) Signattire: Comcast Cable, Inc. By: (Please Print) Title: (Please Print) Signature: (Please Print) Title. xot� (Please Print) Signature: 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 such drainage and 1 or utility easement or right -of -way requested in this Application for encroachment and joint use of a public dra' e and utility easement or right -of -way Lot(s) Block(s) of the Corta�c�,�wt?. _ Addition to the City of Southlake, Tarrant County, Texas. oz-s5 z'rk Street name: S L < ( o r'kQq- TXU Electric & Gas Comoan By: (Please Print) Title: (Please Print) Signature: Verizon Telephone Compan By: (Please Print) Title: (Please Print) Signature: Bell Telephone Southwestern hone Company , ,,,___ By: (Please Print) Title: (Please Print) Signature: Tri-County Electric Compan By: (Please Print) Title: (Please Print) Signature: City, of Southlake By: (Please Print) Title: (Please Print) Signature: ATMOS ENE ?,&Y By: 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 1 or utility easement or right -of -way requested in this Application for r encroachment and joint use of a public drainag and utility easement or right -of -way Lot(s) ��. Block(s) of the Zr Addition to the City of Southlake, Tarrant County, Texas - s - Street name: Sc4 9 i k TXU Electric & Gas Company By: (Please Print) Title: (Please Print) Southwestern Bell Telephone Company By: (Please Print) Title: (Please Print) Signature: Signature: Verizon Telephone Company By: (Please Print) WN (Please Print) Signature: Comcast Cable Inc. By: (Please Print) Title: (Please Print) Signature: Tri-County Electric Compan B �co D. 'fruit (Please Print) Title: W41IM4EX (Please Print) Signature: ') , la�R '�14 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 such drainage and 1 or utility easement or right -of -way requested in this Application for encroachment and joint use of a public drain s and utility easement or right- of-way Lot(s) - -a[- , Block(s) of the uerc Q� Q- Addition to the City of Southlake, Tarrant County, Texas (7 F� - Street name: �S 4 'S A'% LzU _Q h go TXU Electric & Gas Comoan By: (Please Print) Title: (P €ease Print) Signature: Verizon Telephone Company By: (Please Print) Title: (Please Print) Southwestern Bell Telephone Com an BY: . ��s�: (Please Print) Title: (PI$ase Print) - Signature: Tri- County_ Electric Company By: (Please Print) Title: (Please Print) Signature: Signature: Comcast Cable, Inc. By: (Please Print) Title (Please Print) Signature: City of Southlake By, (Please Print) Title: (Please Print) Signature: RECEIVED AUG 2 6 2008 f» &T UTILITY COORDINATION 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 1 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 Cor +,e; ;�t I� Addition to the City of Southlake, Tarrant County, Texas i - Street name. <��'t.___5��_„_ 0"G 5aU2 By. 3. v4W BlRCV -i�aLL (Please Print) Title: �'t��S!t�l L, i�l�"At31;1�L5 (Pleas q, Print) Signature Verizon Telephone Company By. (Please Print) Title. (Please Print) Signature: Comcast Cable, Inc. By: (Please Print) Title. . (Please Print) Signature. Southwestern Bell Telephone Company, 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: