Item 6HCITY OF
SOUTH LAKE
MEMORANDUM
(September 21, 2010)
To: Shana Yelverton, City Manager
From: Robert H. Price, P.E., Director of Public Works
Subject: Approve a drainage easement encroachment and joint use
agreement with Journey 5 Ventures, LLC on Lot 3R11 R2, Block
1, Green Meadow Subdivision
Action
Requested: Approve a drainage easement encroachment and joint use
agreement with Journey 5 Ventures, LLC on Lot 3R11 R2, Block 1,
Green Meadow Subdivision
Background
Information: The Fireplug Inn is located at 2251 E. Continental Blvd, in the
Green Meadow Subdivision. The SUP was approved by the City
Council on June 17, 2008. The current use is a dog day care
center (kennel).
The property owner, Journey 5 Ventures, LLC, is requesting to
install three shade structures in the rear yard of the facility. The
shade structures encroach into an existing 30' drainage easement.
The site plan was approved with a 6' wooden fence encroaching
into the same 30' drainage easement and an encroachment
agreement was not obtained at that time; hence, the inclusion of
the 6' wooden fence with this encroachment agreement.
Neither the fence nor the shade structures impact the flow of storm
water runoff.
Financial
Considerations: There are no costs to the City other than the normal filing fees to
record the encroachment agreement documents.
Strategic Link: The proposed encroachment agreement links to the city's strategy
map relative to focus area of Performance Management and
Service Delivery. The specific corporate objective that is met by
this agreement is 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 drainage easement encroachment and joint use
agreement with Journey 5 Ventures, LLC on Lot 3R11 R2, Block 1,
Green Meadow Subdivision effective when all fees and original
agreement paperwork is obtained.
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
Steven D. Anderson, P.E., Civil Engineer
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PLAT SHOWING
SURVEY OF PREMISES LOCATED ON LOTS 3R11R1 AND 3R11R2, GREEN MEADOW
SUBDIVISION, AN ADDITION TO THE CITY OF
SOUTHLAKE, TARRANT COUNTY, TEXAS
ACCORDING TO THE PLAT RECORDED UNDER
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DEED RECORDS, TARRANT COUNTY, TEXAS.
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COMMONLY KNOWN AS 2251
CONTINENTAL BOULEVARD.
Walter W. Word, a Registered Professional Land Surveyor in the State
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Legacy Texas Bank
and its underwriter that this survey was made on the ground under
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shows corners, boundary lines, and
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PLAT SHOWING
SURVEY OF PREMISES LOCATED ON LOTS 3R11R1 AND 3R11R2, GREEN MEADOW
SUBDIVISION, AN ADDITION TO THE CITY OF
SOUTHLAKE, TARRANT COUNTY, TEXAS
ACCORDING TO THE PLAT RECORDED UNDER
CLERK'S FILE No D2091 1 231 1
DEED RECORDS, TARRANT COUNTY, TEXAS.
,
COMMONLY KNOWN AS 2251
CONTINENTAL BOULEVARD.
Walter W. Word, a Registered Professional Land Surveyor in the State
of Texas, hereby certify to Sellers, Lenders, Purchasers and
Legacy Texas Bank
and its underwriter that this survey was made on the ground under
my supervision and correctly
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shows corners, boundary lines, and
correctly shows the location of all permanent buildings, structures, and
other improvement and visible items
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on the subject property, and
correcL'y shows the location of all alleys, streets, roads, right —or —way,
eosements and other matter of record, of which I have knowledge
which off 1hn cr ihinrl hrnnnrFv nrrnrriinn Vn Fke I....nl .a ...... �I.. L'._ ._
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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
'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:
Printed Nam of Property Owner Telephone
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Signature of operty Owner Fax Number
Address
City State Zip
CADocuments and SettingsTirepiug LinlLocal Settings\Temporary Internet FIIes\0LK6FVoint Use and Encroachment Agreement.doc
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 1 right -of -way,
situated on or abutting LOT BLOCK k , 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 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 / 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
111 day of , 20 10
City of Southlake
Director of Public Works
Print d N�ame�
By:
Applica tip 's Signature
NOTE: Complete the attached acknowledgements.
Note: Only complete the appropriate acknowledgements
THE STATE OF TEXAS §
COUNTY OF TARRANT §
Corporate Acknowledgment
BEFORE ME, the undersigned authority, A Notary Public in and for tine State of Texas, on this day personally
appeared L - iI' &r , known to me to be the person and officer whose name is
bscribed to the I foregoing instrument and acknowledged to me that same was the act of said
_3bU+r0y4 5VE+ ba__LLC- , a corporation, and thatshe executed same for the purposes and consideration
therein a pressed and in the capacity therein stated. �q j
GI OF OFFICE this the l� day of `�P —� �, 20
=MARY D
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l Notary Pu is and for the State of Texas
My Commission Expires: 1 I i_ �,20 l 'Z_
THE STATE OF TEXAS §
COUNTY OF TARRANT §
Individual 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 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 SEAL OFFFICE this the day of , 20
My Commission Expires:
Notary Public in and for the State of Texas
Being that portion of that certain public utility easement 1 drainage easement 1 right of way situated in
Addition /Survey to the City of Southlake, Tarrant County, Texas, and being
more particularly described by metes and bounds as follows: 1$
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P LAT SHOWING
SURVEY OF PREMISES LOCATED ON LOTS 3R11R1 AND 3R11R2, GREEN MEADOW
SUBDIVISION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS
ACCORDING TO THE PLAT RECORDED UNDER CLERK'S FILE No D209112311,
DEED RECORDS, TARRANT COUNTY, TEXAS.
COMMONLY KNOWN AS 2251 CONTINENTAL BOULEVARD.
k, Walter W. Ward, o Registered Professional Lond Surveyor In the State
of 'texas, hereby certify to Sellers, lenders, Purchasers and
Legacy Texas Bank
and its underwriter that this survey was made on the ground under * $Q,
My supervision and correctly shows comers, boundary lines, and a �,4a9r,��
correctly shows the location of all permanent buildings, structures, and �y ,
other improvement and visible items on the subject property, and
correctly shows the location of all obeys, streets, roads, riaht of — wov. ° 8ffiaa'saab a..
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.
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