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Item 4BCity of Southlake, Texas MEMORANDUM April 1, 2008 To: Shana Yelverton, City Manager From: Robert H. Price, P.E., Public Works Director Subject: Approve a sanitary sewer easement encroachment agreement with SILTS Block 22, L.P. on Lots 3 -4, Block 22, Southlake Town Square Action Requested: Approve a sanitary sewer easement encroachment agreement with SLTS Block 22, L.P. on Lots 3 -4, Block 22, Southlake Town Square. Background Information: The Planning and Zoning Commission approved the final plat of Southlake Town Square, Block 22 on September 7, 2006. This plat included a 15' sanitary sewer easement along the common lot line of lots 3 and 4. The Commercial Developer Agreement was approved on December 5, 2006. Construction of the public improvements to serve this property included the placement by boring of an 8" sanitary sewer line in the subject easement at a depth of 6' -7' below final grade. No other utilities are allowed to be in this easement. The Wine Loft is the tenant adjacent to the easement at the west end of the building on Lot 3. They are proposing to construct a patio within the easement adjacent to their building. The patio will include a concrete patio floor, a pergola, and a screening wall toward the street. The patio, without the pergola or wall, was shown on the approved site plan for Block 22 at Southlake Town Square as future patio /outdoor dining between buildings 22B and 22C. The pergola structure will be similar in nature to the attached photograph. It will be constructed out of cedar and attached to a foundation that will be incorporated into the patio slab below. Additionally the patio will include a screen wall to the south, which will allow The Wine Loft to create a patio environment that delivers a comparable ambiance to that delivered inside their space without having to fight the traffic noise of 1709. The screen wall will be clad in a stone veneer on the patio side (north) and in EIFS that matches the building on the 1709 side (south). A self contained fountain will be hung from the stone wall on the interior. Additionally, to accommodate fire /emergency egress requirements, a hollow metal door matching those installed on the south side of the building will be installed in the screen wall between columns E and F. A minimum 32" ingress /egress opening must be provided through the wall on the south end of the patio for side walk access and must meet the minimum requirements per Texas Accessibility Standards: The minimum clear width for single wheelchair passage shall be 32 inches at a point (at the gate) and 36 inches continuously (between the exit door and the wall). An amended plat relocating the lot boundary to the west side of the patio structure and east side of building 22C (Jared's) is required prior to issuance of a building permit for the pergola structure. In addition to the requirements of the site plan and plat, the encroachment agreement is required for construction. The owner of the property is requesting the agreement to serve the tenant. The major conditions of the agreement include requirements that the applicant will maintain the improvements, that the applicant will indemnify and hold harmless the City, that the applicant will remove the improvements within 30 days of notice from the City, and that the applicant will not seek compensation from the City for loss of value of the improvements. The agreement will be filed of record and will run with the land. Financial Considerations: There is no financial impact to the City for approval of this sanitary sewer easement encroachment agreement. Citizen Input/ Board Review: None Legal Review: The sanitary sewer easement encroachment agreement has been forwarded to the City Attorney for review. Alternatives: The City Council may approve the sanitary sewer easement encroachment agreement or deny it. Supporting Documents: Sanitary Sewer Easement Encroachment Agreement Wine Loft Floor Plan Patio /Pergola /Wall Details Typical Pergola Structure Staff Recommendation: Approve a sanitary sewer easement encroachment agreement with SLTS Block 22, L.P. on Lots 3 -4, Block 22, Southlake Town Square. Staff Contact: Robert H. Price, P.E., Public Works Director Gordon J. Mayer, Jr., P.E., City Engineer Michael James, P.E., Civil Engineer 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, herein referred to as "Utilities," do consent and agree to permit the following , herein after referred to as "Applicant," to use an easement / 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 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 / 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 / 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. 81 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 / Right -of -Way Use Agreement on this day of , 20 City of Southlake Printed Name By: Director of Public Works By: Applicant's Signature NOTE: Complete the attached acknowledgements. �� UlL1J 4 IF o INHUHHUN 0 0. 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