Item 4GCITY OF
SOUTHL_AKE
MEMORANDUM
(June 1, 2010)
To: Shana Yelverton, City Manager
From: Robert H. Price, P.E., Director of Public Works
Subject: Approve a water line easement encroachment and joint use
agreement with RCC Miron Office Ltd. on Lot 4R, Block 1,
Miron Addition
Action
Requested: Approve a water line easement encroachment and joint use
agreement with RCC Miron Office Ltd. on Lot 4R, Block 1, Miron
Addition
Background
Information: The Miron Grove Office Park is located south of Southlake
Boulevard, west of Miron Drive, just south of the Miron water tower.
The site plan was approved by the City Council on October 3, 2006.
The development of the office park required a water line to be
constructed to serve the buildings approved by the site plan. A
water line easement was dedicated by separate instrument.
The property owner, RCC Miron Office Ltd. is in the process of
selling one of the buildings to the Spine Team. The sale of the
property requires special HVAC equipment and a generator for the
building for the medical use. The location of the generator was
shown on the revised site plan approved by the City Council on
April 20, 2010. During the sale of the property, it was determined
that the generator is proposed to be installed within an existing
water line easement.
The location of the generator is proposed to be placed in close
proximity to the public water line located within the easement. In
order for the City to grant this easement encroachment, the
applicant agrees to relocate the water line to the adjacent City
property before the encroachment agreement takes effect.
Financial
Considerations: There are no costs to the City other than the normal filing fees to
record the encroachment agreement documents. The applicant will
fund the relocation of the existing water line.
Strategic Link: The proposed encroachment agreement links to the city's strategy
map relative to focus area of Infrastructure and Performance
Management and Service Delivery. The specific corporate
objectives that are met by this agreement are to invest to provide
and maintain high quality public assets and to provide high quality
customer service.
Citizen Input/
Board Review: None.
Legal
Review: The agreement has been reviewed by the City Attorney's office.
Alternatives: The City Council may approve or deny the encroachment
agreement.
Staff
Recommendation: Approve a water line easement encroachment and joint use
agreement with RCC Miron Office Ltd. on Lot 4R, Block 1, Miron
Addition effective when the existing water line is relocated to
adjacent City property.
Supporting
Documents: Location Map
Encroachment Agreement Documents
Staff
Contact: Robert H. Price, P.E., Public Works Director
Gordon J. Mayer, Jr., P.E., City Engineer
Cheryl Taylor, P.E., Civil Engineer
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APPLICATION FOR ENCROACHMENT AND JOINT USE AGREEMENT
OF A PUBLIC DRAINAGE AND 1 OR UTILITY EASEMENT OR RIGHT -OF -WAY
5/19/2010
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
drainage and 1 or utility easement or right -of -way situated on or abutting property located at 290 Miron Grove,
Southlake, 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:
The installation of a generator and screening wall as approved by Southlake City Council.
RCC Miron Office t
Printed Name Owner Telephone
Signature of Oopffffiy r Fax Number
5333 Douglas, Suite 110
Address
Dallas TX 75225
City State Zip
C .Documents and SettingsMinColtatW , ocal Settings\Temporary Internet Files101,K2CF3Uoint Use and Encroachment Agreement (2).doc
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 "Utili s," do consent and agree to permit the following
if LG M, � O , L wherein after referred to as "Applicant," to use an easement 1 right -of -way,
situated on or abutting LOT y!2 BLOCK , OF 20n) AIM111o.0 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 pu lic utility companies as listed on the attached EXHIBIT No.
3, to be used for the purposes of Q cr--� ..�
c n �.� r 1
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 1 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 TESTIMONY WHEREOF, Applicant executes this Easement 1 Right-of-Way Use Agreement on this
day of , 20
City of Southlake
By:
Director of Public Works
Print
By:
Applic 's ature
NOTE: Complete the attached acknowledgements.
Note: Only complete the appropriate acknowledgements
THE STATE OF TEXAS §
COUNTY OF TARRANT §
Corporate Acknowledgment
BEFORE ME the undersi ned 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
CC1I11ZOI.� 05' IQE ZP _ _ , 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 day oA -- 20
$p �
D L.ESUEA.8ARD0
[Viy commission Expires
December 13, 2013 Notary Public in and for the State of Texas
My Commission Expires: M- 1 --13
THE STATE OF TEXAS
COUNTY OF TARRANT
Individual Acknowled meat
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 §
COUNTY OF TARRANT §
City of Southlake 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 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 SEAT_ OFFFICE this the
day of , 20
Notary Public in and for the State of Texas
My Commission Expires:
Generator Screenwall Easement
Being Generator Screenwall Easement over and across Lot
4R, Block 1, MIRON ADDITION, an Addition to the City of
Southlake, Tarrant County, Texas, according to the plat recorded
in Plat Cabinet A, Slide 3901, Plat Records, Tarrant County,
Texas, said easement being more particularly described, as
follows:
Beginning at the southwest corner of the herein described
easement being North 89 degrees 58 minutes 04 seconds East,
208.75 feet and North 00 degrees 01 minutes 56 seconds West,
5.50 feet from the southwest corner of said Lot 4R;
THENCE North
00
degrees
01
minutes
56
seconds West,
9.42 feet;
THENCE North
89
degrees
58
minutes
04
seconds East,
4.23 feet;
THENCE North
00
degrees
Of
minutes
56
seconds West,
4.08 feet;
THENCE North
89
degrees
58
minutes
04
seconds East,
14.10 feet;
THENCE South
00
degrees
01
minutes
56
seconds East,
13.50 feet to the south
line of said
Lot 4R;
THENCE South
89
degrees
58
minutes
04
seconds West,
18.33 feet to the POINT
OF BEGINNING and
containing
230.18
square feet.
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LRND
SURVEYING
7300 -6 WEATHERFORD HWY.
FORT WORTH, TEXAS 76116
(817) 696 -9775 (817) 696 -9780 FAX
SCALE: 1" = 100'
Legal Description
Generator Screenwall Easement
over and across
Lot 4R, Block 1,
MIRON ADDITION,
City of Southlake,
Tarrant County, Texas.
(see attached exhibit
5 -25 -2010 070303 GH /TF
MIRON ADDITION
P. C. A, S. 1252
GORBUTT ADDITION
V. 388 -205, P. 10 I O w
Ln
I I o - C , 2
O 6 c
oa
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i 2A w S 89 °48'12 "E z
S 89 0 53'23 "E
1
Legal Description
170.00'
z F.-
0
N 8958'04"E44
2^
Lo
o il EXHIBIT
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m
(see attached exhibit)
7300 -6 WEATHERFORD HWY.
FORT WORTH, TEXAS 76116
OZ
Lo
SCALE: 1 ° = 100' 5 -25 -2010 070303 GH /TF
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MIRON ADDITION
P. C. A, S. 1252
1� 5
S 89 0 52'18 "E 200.41'
L= 52.12'
R= 188.43'
S 03 0 56'28 "E
93.20'
L= 18.78'
R= 272.00'
4R W
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UNIT NO. 4 L= 66.01
ADDRESS 290 R= 50.00
GENERATOR
SCREENWALL
EASEMENT L= 67.30'
208.75' (SEE EXHIBIT)
R= 75.00'
POINT OF h s 89 °58'04 "w
BEGINNING 432.70'
I I \
3R6 I 3R5 `
m
Legal Description
0
o N 89'58'04"E 14.10'
z F.-
N 8958'04"E44
),I`.E3
!"I•o
o il EXHIBIT
bl"
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z S 6V 04"1 18.93'
Legal Description
Generator Screenwall Easement
over and across
Lot 4R, Block 1,
TEVENS
MIRON ADDITION,
LA ND
City of Southlake,
SURVEYING
Tarrant County, Texas.
(see attached exhibit)
7300 -6 WEATHERFORD HWY.
FORT WORTH, TEXAS 76116
(817) 696 - 9775 (817) 696 - 9780 FAX
SCALE: 1 ° = 100' 5 -25 -2010 070303 GH /TF
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:
TXU Electric & 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:
Atmos Energy
By:
(Please Print)
Title:
(Please Print)
Signature:
Southwestern Bell Telephone Company
By:
Title:
Signature:
By:
(Please Print)
(Please Print)
Tri- County Electric Company
(Please Print)
Title:
(Please Print)
Signature:
City of Southlake
By:
(Please Print)
Title:
(Please Print)
Signature:
SERVICE PROVIDER CONTACTS FOR
EASEMENTS IN SOUTHLAKE
Oncor Electric Delivery
Dean Rhea, Designer
2001 N. Industrial
Bedford, TX 76021
(817) 858 -2579
Tri- County Electric
Brant Hargrave, Utility Design Engineer
4740 Keller -Hicks Road
Keller, TX 76248
(817) 431 -1541
Fax: (817)431 -9680
Southwestern Bell Telephone
Verizon Telephone
Velma Johnson
500 John Carpenter Frwy TXG31 E01
Manager Engineering Design
Irving, TX 75062
1116 Houston St., Room 1404
Darrell Frederick, Supervisor -NE OSP
Fort Worth, TX 76102
(972) 413 -2733
Office: 817 - 338 -6803
Steve Gentry
Fax: 817- 338 -6781
(940) 381 -9294
Steve Olinsky
(972) 318 -5274
Comcast Cable
Atmos Energy (Gas)
Alex Oliveros, Designer
P.O. Box 650654
1545 Chenault
Dallas, TX 75265 -0654
Dallas, TX 75228
1 -800- 460 -3030
(817) 317 -7951
Bob Carroll, Manager Right of Way
(214)320 -5433