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Garden Addition (Lot 5R) - ROW - OFFICIAL RECORD Easement / 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, here' referred to as "Utilities,,, do consent and agree to permit the following C^A , herein after referred to as "Applicant," to u ,e an easement / right-of-way, situated on or abutting LOT57-(Z,_, BLOCK , OF (T 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 rr ~r}t-K c~l~c~n Df pA-e-r A%R- ✓lC)e- 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. RETURN TO: CITY OF SOUTHLAKE OFFICE OF THE CITY SECRETARY 1400 MAIN STREET, SUITE 270 SOUTHLAKE, TEXAS 76092 '21606M D. W)1 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 TEST MANY WHEREOF, Applicant executes this Easement / Right-of-Way Use Agreement on this r~ day of, 20 1 D City of Southlake _ AIA~CAA) "\4N Printed Name By: 'if • By: Director of Public Works Applicant's Signature NOTE: Complete the attached acknowledgements. ~~~p/o~t~! ~ow►c, l 'tte S /fi Z- o/a - 1 S!~ ~ Zlou l~0[~IS 7~ZI Note: Only complete the appropriate acknowledgements - _ THE STATE OF TEXAS § Coraorate Acknowledgment COUNTY OF TARRANT § BEFORE ME, he undersigned authority, A Notary Public in and for the State of Texas, on this day personally appeared ZW 1, 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 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 0 day of , 2010 MONICA H. DEUBNER n MY COMMISSION EXPIRES June 7,2013 ~j Notary u lic in for the State of Texas My Commission Expires: : 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 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: 216b6 ow P-34), APPLICATION FOR ENCROACHMENT AND JOINT USE AGREEMENT OF A PUBLIC DRAINAGE AND / OR UTILITY EASEMENT OR RIGHT-OF-WAY 2, a Date of E~dbmittal To the City of Southlake: The undersigned hereby makes application to allow an encroachment and joint use of a portion of the public drain $e and / or utility easement or right-of-way situated on or abutting property located at l~S~b S IhokA4 bAk S by~`ff and described by metes and bounds in Exhibit No. 1 of the attached agreement. The reason for the encroachment and use of the easement/right-of-way is as follows: aw L_ (2,.L-) n ~►4-9b:)--3b3b Printed Name o P operty Owner Telephone Signature of Property Owner Fax Number Address S&t,tkka T- b d q Z City State Zip Macintosh HD:Users:rubm:Library: Mail Downloads:Jomt Use and Encroachment Agreement.doc EXHIBIT NO. 1 Being that portion of that certain public utility easement / drainage easement / right of way situated in U~ Addition/Survey to the City of Southlake, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: see. s v~ A6'Pay coi, Z. VJ .L' E io EW _ U 1% d i d ¢~g' I$ I 8 ~ I% 1 w I ~81~i, / S6~ 1 I~tp ss: do lit i QQ N I ~o a .1 I o 11t0 4 Z' 7'.1 f ,6'Z 00.4 I O Q y .rap I ! ~ I Iw ~j O ~k - r I o h i~ I #p~pE 1€p~ N i v l o O ~ n z, ~ _ ° W I I I ,4'Fl V w~OV ~ i I ~I I o a c m I I I ,4'£l 9 w--~ I 1 Pile 7 I 9' 1 I z£ 1.5z I II 9'0 7 I lly `-'mot----F--~-- ~i38 3Nois--- - •ae l l IY .00'OL1 M .8Y,15.68 N I - <3_ ~O ^ zo ~ ~ ~ 8~ Z ~rrg~ .R tll a4 HE 1 VV z ; g 4 4 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. see. ~2iao(Ig P1 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. Se~2 1~2aC~ Pa `c 'tea WL Sri ATvW - ~ ~ a; ~Nt ~ I a ~ ~2~00~0~~ ~.9 ~ ~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 A lication for encroachment and joint use of a public drain ge and utility easement or right-of-way Lot(s) S , Block(s) of the & Addition to the City of Southlake, Tarrant County, Texas. Street name: 10 b S VIa~ i &a-kS TXU Electric/ & Gas Company Southwestern Bell Telephone Company By: (6Gq'~ -b k~v O` N By: Jl~d~, (Please Print) SO-AA (Please Print) oLre~ Title: Title: (Please Print) (Please Print) Signature: Signature: Verizon Telephone Company Tri-County/y Electric Company By: 0-01LJ4Z By: dtlJ`'~~~ (Please Print) (Please Print) Title: Title: (Please Print) (Please Print) Signature: Signature: Comcast Cable. Inc. City of Southlake By: (~'{~i XitliA By: (Please Print) (Please Print) Title: Title: (Please Print) (Please Print) Signature: Signature: LXHIBIT 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 Lot 5-R Block N/A of the Garden Addition to the City of Southlake. Tarrant County, I-exas. Street Name: 1816 Shady Oaks Dr Southlake,Texas 76092 Tri-County Electric Company JefffRatliff 8 17-43 1-154 1 4900 Keller-Hicks Road Fax 8 17-43 1-9680 Keller, TX 76248 jratliffra lscom.net Bt: ~~AT (Please print) Title:. 7- .y.._.~_ES'r6.v --,/Gi,,1et_ - - (Please pr t) Signature: ~~~i Date 7~D5 ~ZIOD&u~►g pa~~ a~ Street Name: 1816 Shady Oaks Dr Southlake, Texas 76092 Verizon Telephone Company Darrell Frederick, 972-413-7273 3498 N. Beldine Rd. fax 972-258-0081 Irving, Texas 75060 ~ darrell.frederick@verizon.com By: OfAgf4C AREDIjeJCIC (Please print)~ / Title::~@ (PI a print) Signatu D © 9 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 Lot 5-R Block N/A of the Garden Addition to the City of Southlake, Tarrant County, Texas. AFTER RECORDING, RETURN TO: Encroachment: Southwestern Bell Telephone Company lwl i6 $ ®akS 'Pr d/b/a AT&T Texas 50 uSkWA -f/ Tq :)b a J 2_ Attn: Right of Way (2as+ 0~ (kr tA4.e ~Q.~ ~L 0-t)y 13845 FAA Boulevard ."`~'7 Fort Worth, Texas 76155 ENCROACHMENT PERMIT THIS PERMIT is issued as of the EZ ~i, day of &e-P'1: , 2cet by Southwestern Bell Telephone Company, d/b/a AT&T Texas, ("AT&T") to,/ ("Permittee"). A404'" L. ~ TERMS AND CONDITIONS 1. Purpose and Scope of Permit AT&T hereby allows and permits Permittee the non-exclusive use of certain lands hereinafter described for the following purpose, subject to the conditions and stipulations herein set forth: Permittee is allowed to: CV%4T-U(- Cc*-P-1-41tt 1*~,A(,e. ~?ak s~V~i "s s,~o (A4 u+3 2. Encroachment Location(s) Q see attachments I ~1 ~u lcg , So~`.~GtlaaC¢ TX 4-4 D 1 Z La{- S-(Z. iF &-,r-d_a~ ct c, -tom 04) S Ilalce, Tc,~.-,~,c~t C"A^+1 3. Risk of Entrv10 a AT&T makes no warranty whatsoever as to physical conditions which exist now, or may exist hereafter, at said Encroachment Location(s) and Permittee accepts said Encroachment Location(s) "AS IS" and agrees to enter thereupon at Permittee's own risk. 4. Permitee's Duties Encroachment Permit-120606 By accepting this Permit, Permittee agrees, without qualification or limitation: (a) to make no modifications or additions to its facilities at the Encroachment Location(s) without first obtaining AT&T's prior written consent; (b) to comply with the Texas Underground Facility Damage Prevention and Safety Act, Texas Utilities Code, Section 251.001, et seq., prior to performing any construction, demolition or repairs at the Encroachment Location(s); (c) to not use at the encroachment location(s) any tool, equipment, or machinery capable of being operated within ten (10) feet of cable lines; (d) to perform construction, demolition, repair, modifications, additions and any other activities in compliance with all applicable laws and regulations and in a manner that does not interfere with the operations of AT&T; (e) to assume all risks of and relieve AT&T of any and all liability for loss of damage to property or facilities installed by it and any other financial loss sustained by it; (f) to indemnify, defend and hold harmless AT&T from and against any and all claims, demands, actions, losses, damages, assessments, charges, judgments, liabilities, settlement liabilities, costs and expenses (including, without limitation, interest, penalties, and reasonable attorneys' fees and disbursements) that may from time to time be suffered or incurred by, or asserted against AT&T because of any personal injury, including death, to any person or loss of, physical damage to or loss of use of real or tangible personal property, or for any financial loss of whatever nature, in any way arising out of or in connection with this Permit or activities undertaken pursuant to this Permit, whether caused by the acts, negligence or willful misconduct of Permittee, its agents, employees, representatives, contractors, permitted assigns, or those under Permittee's control or by failure to perform the covenants or conditions of this Permit. Permittee's obligations to indemnify and hold harmless shall survive any termination or abandonment of this Permit. For purposes of indemnifications set forth in this Permit, "AT&T" means AT&T, its affiliates, subsidiaries, parent, successors and assigns and its and their employees, directors, officers, agents, contractors and subcontractors; bmow RN a~ Encroachment Permit - 2-06 2 (g) to neither cause nor permit use of the rights herein granted by any other person except Permittee's lawful successors, and if Permittee is a utility company, any transferee of the utility system (or operating component of a utility system) of which the Permittee's facilities at the Encroachment Location(s) are a part; (h) that AT&T retains all of its rights with respect to its property, right-of-way or easement. Specifically, AT&T retains the right to access its telecommunications facilities to repair, maintain or augment its telecommunications network. Any damage to Permittee's facilities as a result of AT&T's exercise of its rights with respect to its property, right-of- way or easement shall be the sole responsibility of Permittee; (i) to not use, have present nor transport on or about the Encroachment location(s) any hazardous or toxic materials, wastes or substances or any pollutants or contaminants ("Hazardous Substances"), without the prior express written consent of AT&T. If at any time during the term of this Permit, Permittee knows or has reason to believe that any Hazardous Substances have come, or will come, to be located upon, about, or underneath the Encroachment Location(s), then Permittee shall, as soon as reasonably possible, give verbal and written notice of that condition to AT&T. Permittee covenants to investigate, clean-up and otherwise remediate any release of such Hazardous Substances by Permittee, its agents, employees, representatives, contractors, permitted assigns, or those under Permittee's control at Permittee's cost and expense. Permittee shall notify AT&T prior to commencing any clean-up or remediation; and (j) NOTWITHSTANDING ANY PROVISION OF THIS PERMIT TO THE CONTRARY, EXCEPT AS SET FORTH IN PARAGRAPH 4(f), IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUE, COST OF CAPITAL, COST OF REPLACEMENT SERVICES, OR CLAIMS OF CUSTOMERS OR OF ANY OTHER THIRD PARTIES, OCCASIONED BY ANY CAUSE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE OR STRICT LIABILITY. ~JJN 6D612 P.15q)l Encroachment Permit - 2-06 3 S. Incompatible Facilities This Permit is issued by AT&T and accepted by Permittee with the mutual belief that the facilities of each can exist at the Encroachment Location(s) in the form contemplated when this Permit was issued without disruption to the other. If at anytime for any reason Permittee's facilities are determined in ATV's judgment to be incompatible with ATV's then existing or then proposed facilities, Permittee agrees it shall cure any such incompatibility by modifying its facilities, by removing its facilities or by taking whatever other action which in ATV's judgment is necessary. 6. Fee Title: Superiority of Prior Interest If neither AT&T nor Permittee own fee simple title to the lands at the Encroachment Location(s), the authorization required by Permittee from the fee simple owner shall be obtained at Permittee's sole cost. In any judicial construction of this Permit, it shall be recognized that AT&T, by virtue of prior rights and prior possession and by virtue of this Permit, shall enjoy with respect to the Encroachment Location(s) rights superior to those of Permittee. 7. Cost This permit is issued by AT&T and accepted by Permittee with the understanding that Permittee's use of the permission herein granted shall not result in any cost to AT&T. No claims for payment or performance shall be made of AT&T by Permittee and any expenses incurred by AT&T related to Permittee's exercise of the rights herein permitted shall be promptly reimbursed to AT&T by Permittee. In enforcing this permit against Permittee, AT&T shall be entitled to collect reasonable attorney's fees, court costs and interest on the principal sum. 8. Notices Except as expressly otherwise provided, any demand, notice or other communication to be given to a party in connection with this Permit shall be given in writing and shall be given by personal delivery, by registered or certified mail, return receipt requested, or by commercial overnight delivery service addressed to the recipient as set forth below or to such other address or individual, as may be designated by notice given by the party to the other. AT&T: Right of Way Manager Engineering Design 13845 FAA Boulevard Fort Worth, Texas 76155 Encroachment Permit - 2-06 4 Permittee: " 18"(0 dkv-~ Dales Any demand, notice or other communication given by personal delivery shall be conclusively deemed to have been given on the day of actual delivery thereof and if given by registered or certified mail, return receipt requested, or by commercial overnight delivery service on the date of receipt thereof. 9. Successors and Assiens The permission hereby given shall be binding upon the heirs, administrators, executors and assigns of both parties. IN WITNESS WHEREOF, the parties have executed this Permit as of the date first above set forth. Southwestern Bell Telephone Company By: Name: r r ell n i~r c~,-~- Title: Manager-Engineering Desigm ( R o w) Permittee By: Name: Z40-6y1\ Title: c%Ja-Q-r ~ja0f~0(~Ig p~~ ~ Encroachment Permit - 2-06 5 STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned Notary Public, on this day personally appeared Frank Huneycutt, known to me to be the person whose name is subscribed to the foregoing instrument as Manager-Engineering (ROW) of Southwestern Bell Telephone Company, d/b/a AT&T Texas, and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity stated, and that he was authorized to do so. *Given under my han and seal of office this of 2009. ~M&", Notary Public in and for the State of Texas My commission Expires: - NNII/ ~Y,"•'' MAXIE MCFADIN Notary Public, State of Texas My Commission Expires ;~EO;~•:~ December 01, 2012 ~ZI o6LDI,,IS PIP Encroachment Permit - 2-06 6 Corporate Acknowledgement STATE OF ) COUNTY OF ) SS: On this day of , 20_, before me, the subscriber, personally appeared to be known, who, being by me duly sworn, did depose and say that he is the of , the corporation described in, and which executed the foregoing instrument, and that he signed his name thereto by order of the Board of Directors. Notary Public Partnership Acknowledgement STATE OF ) COUNTY OF ) SS: On this day of , 20J before me personally came to be known and known to me to be a partner of the partnership described in, and acknowledged that he executed the foregoing instrument for and on behalf of said partnership. Notary Public ~j Individual(s) Acknowledgement STATE OF ) COUNTY OF 'Lx ll~% ) SS: On this T day of 200t before me personally appeared to me Aj f@'j L- -b yl who xecuted the foregoing instrument, and acknowledged that he (or they) executed the same as his (or their) free act and deed. MONICA H. DEUBNER -~fila w- MY COMMISSION EXPIRES J""e7'2013 Nota ublic ) 21 b0 (~bA PA q a~ Encroachment Permit - 2-06 6 ~ v e y 3 a gq d N e 33g ~ g~N~ a S 31141` :3 Cl~ ~ s a ~ e W cv 101 ~ K E 8 I I ~ I J I I !2 jig t b / a b~ ~ ~e?~/lam ' a I #Altl; I : ro I o 51 fit 10 axi N I oo ~b / : z.B: I ob h fis o ¢ i ~ .S'9L ,6'Z 40.4' I ° I Q ~'[Be j~l~ a~~° ti / N O `~doo h O J rIl i~iai1i8 o<u~^ J 3.4' I (n 'v n I I I r fill' NN~6 d c I I ~ I , 3 I I ~ I >Y i M~saM `°l Ion, I I I a .r ~ I . z£ r.sy I ql G-zf _ I I ~ t0 I ~ 3 rcnv a LL t--44-4 N .13}l 3N015 0-- 7• ,00-OLL M gv,tg.sg N °>0 3 b 'Y ~ m y y mN a - ! i i i n m I` i f O 6 8 Q W c°°°°''1 po aa~ N ~yN 0.5 JUS'di llta b 3 $ ~E L a Ifi fl ~2l00(~01~18 p.~v~al f SUZANNE HENDERSON ~•..a k31 COUNTY CLERK 100 West Weatherford Fort Worth, TX 76196-0401 i PHONE (817) 884-1195 CITY OF SOUTHLAKE 1400 MAIN ST #310 SOUTHLAKE, TX 76092 Submitter: CITY OF SOUTHLAKE DO NOT DESTROY WARNING - THIS IS PART OF THE OFFICIAL RECORD. Filed For Registration: 3/18/2010 11:26 AM Instrument D210060618 A 21 PGS $92.00 By: D210060618 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. Prepared by: DNCLARK