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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 • • • UOJIIN � m I L = a 2 0 J O d = O d Ilo k 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. F �P �G r 9 0 ANDREW '-SS a SUf A TEVENS 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 I o0 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 bl" I J 0 A 0. m (see attached exhibit) 7300 -6 WEATHERFORD HWY. FORT WORTH, TEXAS 76116 OZ Lo SCALE: 1 ° = 100' 5 -25 -2010 070303 GH /TF O O C O o� z i� 145.00' C',� o� z 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 a� O N d o� 0 0 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" I J 0 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