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Green Meadow (Lot 3R11R2, Block 1) - Easement/Right of Way Joint Use Agreement \\ 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, herein referred to as "Utilities," do consent and agree to permit the following Soutnui 5 Venju.2LS Lit , herein after referred to as "Applicant," to use an easement / right -of -way, situated 01 or abutting LOT'IR R 2, BLOCK i , OF Qft.Qe.. iNNesis&S)w h 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 `)\-\0, c s cscu.i 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. TziDZ S(02 LP- 1112 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 / Right -of -Way Use Agreement on this day of Ste , 201c . City of Southlake Print'd Name By: G =am 7/ '^' `' By:5 -- Director of Public Works Applica is Signature NOTE: Complete the attached acknowledgements. RETURN TO: CITY OF SOUTHLAKE OFFICE. OF THE CITY SECRETARY 1400 MAIN STREET, SUITE 270 SOUTHLAKE, TEXAS 76092 12)02n2 p. 2/ IZ Note: Only complete the appropriate acknowledgements THE STATE OF TEXAS § Corporate Acknowledgment COUNTY OF TARRANT § BEFORE M, the undersigned authority, A Notary Public in and for the State of Texas, on this day personally appeared Yl cis./ - 1(,e,r m , known to me to be the person and officer whose name is s bscribed to the I foregoing instrument and acknowledged to me that same was the act of said .J(surnt 5 verd its LL C. , a corporation, and that a executed same for the purposes and consideration therein expressed and in the capacity therein stated. ; GI\ ci crc 1-1/AND 1-1/AND Ai9 OF OFFICE this the T k.h day of s " , 20 ( �� • MARY M. WICHIAND �! . , Notary Public . State of Texas c —e..9-- NoF�' Comm. Expires 1/21/2012 • Notary Pu. s and for the State of Texas My Commission Expires: I `2 i 1 ( Z 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 Robed N. i , 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 Cit� oC Soi& hla , a municipal corporation, and that he executed same for the purposes and consideration therein expressed and in the capacity therein stated. Si- GI)/ ‘ ► II - 1 ' 1 a 1 `. • FICE this the I day of C)C , 20 [O �,,�, I�rONliwMwr lit ( 1 hvzU J ,/?,,,,:, �a v � � 11.0!! Notar Public in a for the State of Texas My , ai �. X l,: . •. - • Ma ZI 24IZ )210216216 p. 3 "012 EXHIBIT NO. 1 Being that portion of that certain public utility easement / drainage easement / right of way situated in 44;7 34ii t 64C/ Geu.✓ #,"46d_clition /Survey to the City of Southlake, Tarrant County, Texas, and being more particularly described by metes al d bounds as follows: b2izz75 P. L I oilz - 'x Pnd , 9942 l i �S 39'04'21"E 1 47.95' 2 / " A rt\* • o'� �� i 4 # ,,Ik• _ A o' AP X" Fnd (7. Lot 3R3 4 ,..48 O �„.s. po� / / • Cab. A, Slide 11018 A° �6�0g0 �9 / / /� 1 1 p , / 1 I o a 1 co''`' / 1 co / / m 1 0, SCALE: 1 "= 50' "X" Fnd W / / ` W 1 Bearings per Plat ,rje E81 // 1o' uE ` r 4 / e 30' Bldg Line W 1 i lb. tp 1 t`2 I ■ 25' Common Access Esm't -- 1 W 10' IJtIUTY t7 By J P-,. C1' D209281166 1 \ 1 L v Lot 3R11R1 1 1 "X" Fnd Po. _ /1 1 e ii\ 25' Common Access Utility Y Drainage Eam't 1 / 1 1 a • "X"I Fnd t co I N 7 44 22 �/ 1 • X n ve'Kny co Cret Drl 125' 1 � e7 , :t. ' CV' Con \ o s' 25' 5 -.8 Cnmmnn Eon t ' • \ 1 ...7 N Cy/ D209281184 2 Spaces t cn ..� 1 covered e e e Woks cal 1 A whore 1 r v ■ • �� SO 050' ligir 4 � �' 4 1 . 1%1 m V) 1 CA cri U 10.0 Ch peoca%14 D •` Lot 3R11 R2 �1�7 l 1 t . 1 Sto.B g o . V, < da -- a. Con e t6 ' �, ■ 1 12 o V ill i k Cnnprn n • Zt.) 1 ,,,,� so' Drainage Unit 105.0' '� 1 Cab. A, Slide 9712 10' U.E. N 0' N/G 1 N 89'31 18 180.91' 1 e' wood Privacy Fence 30.19' (40 _T tr.' 12.80' 1 Aar 1/2" C S 89°31'18 "W 177.14' 15.22' 1/2" CIF Lot 1, Block 1, Fins Add'n 10' Utility Easement Cab. A. Slide 9712 Cab, A, Slide 1476 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 D209112311, DEED RECORDS, TARRANT COUNTY, TEXAS. COMMONLY KNOWN AS 2251 CONTINENTAL BOULEVARD. I, Wafter W. Ward, o Registered Professional Land Surveyor in the State of Texas, hereby certify to Sellers, Landers, Purchasers and Legacy Texas Bank .- ' OP and its underwriter that this survey was made on the ground under 'f� l�r , °.p... �"�+, my supervision and correctly shows corners, boundary tines. and•� °w1T :, •» correctly shows the location of all permanent buildings, structures, and om other improvement and visible items on the subject property, and 4 wrrecL'y shows the location of all alleys, streets, roods, right -of -way, °naea°s °s°e : °4yayee � • + 4 - eosements and other matter of record, of which I hove knowledge, r ALTER W which affect the subject property according to the legal description in ° ° • •••••• w • +,'° such matter. The undersigned further certifies that except os shown T" "A 2014 /�,, hereon, there ore no visible discrepancies, shortages in areo, boundary ° a•'C! . V " Ines confl encroachments, overlapping of improvements, easements ! / ' 0 ` CSsICj "ti or right -of -way, and the subject property has access to and from 1 Rv the dedi tsd roadway. i y - ,7/ , Registered y Professional / L and Surveyor No. 2014 WARD SUR _ NG CO � 4V , l Date // ' ' d . Y11 INC FORT WORTH, TEXAS 78182 ' According to the FIRM, published by FE, Community Panel No. P.O. BOX 820253 -025 FDA . 480612 0115 K , this lot is not affected by the PHONE 817 -838 -7088: PAY 817-836- 7093 1 1iiti year flood plain, Zone_. X2162 ?102 )61 p, 5 1 12 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. 1210 2 4 275 P. to 412 1 1 1 1 — _— �- 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 — _I— —' i �1_1 1 1 s • EsMT BIYfMEtsY � IR 1 1 �¢ X / LOT 3R11 R1 15 5 1 NS7 R s JOURNEYS VENTURES, LLG SEPARATE 1 I). '-'1 o ` •'J 7 1 ' ZONED 1 12 1 i - /- i 1 LAND USES LIGHT INDUSTRIAL — m 1 E OgEPA od L tN r � A 1 ARSE A F IRE 1.AN T 1 25 , M pGass E5M � LOT 3R8 p � y FICKES * DORETY DEVELOPMENT 1 c o � _, 1;. LAND USE' LIGHT INDUSTRIAL ZONED 12 1 1 T = ti 2 ___.---- -_,- — -,---- ti.t.-._-_-_-i y-- - - --,---,- - --_,,,.., s ..7.‘,..--, , -,_,.,■ -...' \ I<- A J VT-0--,--e SID :,� SASX i i is o ' ` as mL • 2 1 IGHT TYPICAL - . „ r 1 y ° t, 1 t 10' CURB INLET D , 111 Z -� 6- '= . l r, — l ■ i ® -x'31 _ -l/ '� O F {'ICE -� , ' 2635 5 .F . \ _ J i, ONE STORY _ /,�••• 1 f PROP. BU bI, ' * N '• 1 \•”' r� I • • WALLED r: 1�. i - DUMPSTER ENCLOSURE Lot 3R11 R2 \ 5T ' • 1 `� N '. ' ° i m '' 1 LOT 3810 HO a µ OUSE 1 BUILDING 1 / �, W A po SF 1 ENTRANCES:;:: ' co a 1 FlCKES * DORETY DEVELOF / y 42 1 TYPICAL .��'y 0 c' 1 ZONED 1 12 � � m , '�•��::•.:%'' rn �, 1 LAND USE' LIGHT INDUSTI �— A 0 . u _ r�, 1 v' p a d r I II Q� 105 0 y . `-' ^UNTE 1 } F 5' = ;1T ,1 �:� �i��l, 30' Droinage 1 '; 1 1 1 1 t . X X x 'X x o f X X -14x14 1 SINGLE POST PYRAMID t ° - 1 10' Utility Easeme Cab. A, Side 9712 \ 1 SHADE STRUCTURE 1 1 1 I ' 6' Wood Privacy Fence 589'31'18"W 1 ' . 14' — 12x12 - 14x20 SINGLE POST Pl Lot 1, Block 1, Fine Addition TWO POST HIP SHADE STRUCTI Cab. A, Slide 1476 SHADE STRUCTURE ZONED' 12 LAND USE D LIGHT INDUSTRIAL 1)2 I62. 3015 p. 7 q12. 03/12/2008 04:40 FAX Z 003 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 thls Application for encroachment and joint use of a public drainage and utility easement or right -of -way Lot(s) �- Block(s) of the Ors I\ mo aQa W Addition to the City of Southlake, Tarrant County, Texas. Street name: 22S 1 L . C 'WO& , Akrnos L n €rjL Corp. Southwestern Bell Telephone Company By: L R 010 I n son By ( (Please Print) (Please Print) Title: i Of (0&Li }crlf Title: ( Print) (Please Print) Signet ure ► _ 06 Signature: Verlzon Telephone Company Tri- County Electric Company By: By: (Please Print) (Please Print) Title: Title: (Please Print) (Please Print) Signature: Signature: { Comcast Cable, Inc. City of Southlake By: By: (Please Print) (Please Print) Title: Title: (Please Print) (Please Print) Signature: Signature: • Atmos Energy By: (Please Print) Title: (Please Print) • Signature: �Da ibM1 P. g !2 l"' i. ! ' „.! . , ‘1 .3 ' ' ' ! • • !-. ',-,''; F'AGEI COUNTY CLERK'S MEMO PNOORTT LEGIBLE I O N S O F w H T H I E S ND RECEIVED . NC 3 fe , ,iieci pubiii.. . .inpantr:-. , ,:,.;7 7 ,,-, ,;-,:, ,:riclit.;" !!',(!, terms and provisions of our i f.u:1;;hise wr.': . ' of S:3. - - '-H—f: , :cirr . .-.7:€-: -. f. *,,) trie encroaGfirrient and joint use of the clescrit E:..wion of s. , ,e and . . ...t cr r.cir , uf- way :'equested in this Application for and joint ,: :oblic dn. :; F. ,,, ,y i-,Herilt of right-of-way I offs) 3 Fl-,•.(:i-•-•,., 1 .., urn , :o ',ne itv' (•.) z:outtilake: Tarrant County, I ex's t name TXti Electric & C, ,,:„ : : any Sc:ththwestern Bell f ele_phone company — (PleaseT - Tease 1- (Please E • ,Pleat i :. 3:Lire -,iy;-11-1e - — ..Y Telppk: , . I n Cuurq Eierti Please P' • P: A f''';': 47s „, ___ ..„_....,.. _ (Pies: .., ‘,01 41,-"'”" ,ire, A / „,,,,, ___ ---- Cable Cit:Lof Southlake ;Please P, iPlp Print; T ile ,iii,; Sq..,...Jwre. Energy (Please I' . ... Filease l :itUre: .— D2/624245 09/07/2010 17:20 8174428309 FIREPLUG INN PAGE 02 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) 3 T. t% R Block(s) 1 of the o_ti Addition to the City of Southlake, Tarrant County, Texas. Street name: _ 2,2'S � � - C � r'�� %10,31 TXU Electric & Gas Company Southwestern Bell Telephone Company By: By: (Please Print) (Please Print) Title: _ Title: (Please Print) (Please Print) Signature: _ Signature: Verizon Telephone Company Tri .Coun Electric Co mpan y Y B . b. ica B : By: (Please Print) (Please Print)) AvAl./4/ Title: Title: 4/ 90,4E.Q /VOi�2Tf/ ,4s (Please Print) (Please Print) Signature: Signatur : jam �► 111* • Comcast Cable, Inc. Citv of Southlake By: By: (Please Print) (Please Print) Title: Title: (Please Print) ;Please Print) Signature: _ Signature: Atmos Energy By: (Please Print) Title: (Please Print) Signature: V1 p.md 12 03/12/2008 04:42 FAX IE 003 y ' 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) 3 2. t� R Block(s) 1 of the Addition to the City of Southlake, Tarrant County, Texas. Street name: 2Z" _ C awco2 Et.EcTK.t c Southwestern Bell Telephone Company By: RPO∎tb C../2E `1 P By: (Please Pri (Please Print) Title: S12-- Pl2 3 EL T / / t ,/� 64. Title: (Please t) (Please Print) Signature: t . 4 -- Signature: Verizon Telephone Comnanv Tri- County Electric Company By: By: (Please Print) (Please Print) Title: Title: (Please Print) (Please Print) Signature: Signature: Comcast Cable. Inc. City of Southlake By: By: (Please Print) (Please Print) Title: Title: (Please Print) (Please Print) Signature: Signature: Atmos Enerav By: (Please Print) Title: (Please Print) Signature: 021025275 p. 1/1112 SUZANN'S HENDERSON ,•!•. fc corn COUNTY CLERK Jo "` 100 West Weatherford Fort Worth, TX 76196 -0401 R PHONE (817) 884 -1195 CITY OF SOUTHLAKE 1400 MAIN ST STE 270 SOUTHLAKE, TX 76092 Submitter: CITY OF SOUTHL'ARE DO NOT DESTROY WARNING - THIS IS PART OF THE OFFICIAL RECORD. Filed For Registration: 11/18/2010 10:37 AM Instrument #: D210286275 E 12 PGS $56.00 By: D210286275 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: SLDAVES APPLICATION FOR ENCROACHMENT AND JOINT USE AGREEMENT OF A PUBLIC DRAINAGE AND / OR UTILITY EASEMENT OR RIGHT -OF -WAY ct 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 / or utility easement or right -of -way situated on or abutting property located at L.L) — , 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: O \ csal_.f_L jQiZ c .��J SLY ,r, t o` ' Ci) 9-1. Z — 1 Printed Nam &of Property Owner Telephone `An -4 2 2,30 Signature of Property Owner Fax Number •E `� Address City State Zip C: \Documents and Settings \Fireplug Inn \Local Settings \Temporary Internet Files \OLK6EUoint Use and Encroachment Agreement.doc ;• ad1P ° ' 42.42 in f ume.b¢ 4 c.1 . 34 4422 5 W ns 2, F p. .� � , � ., xt Cut `� 4 — w N 26 Co --~ o Access t 1 mm Ba men 1 nrel se r- - W 0 � Lot 3R8 5/8 CIS c. '' jltitlt9 7 -- .."- ' '... at ' � " ° 42 A 2' \ ` ` Lot 3R2R2 ' hordv.IL 66 163 W \. m Long 113. A, Slide 10465 w X2.5' co rs 1 Lot 3R11 R2 W. N� $ \, tecl 27,523 Sq.Ft. , N- ` N' Min. F.F. Elev.= 609.08 N l 12.5' 1 4. 12.5 1 ■ 10 U.E. ' � ' Lot 3R10 N 89 °31'18 "E 180.91' k 30' Drainage Esra t I, POINT OF \N 10'15'38" W t — — ---- Cab. A, Slide 9712 BEGINNING 30.19' ,, �� 20' Utility Slide ide F / 1 ' CIF 1S 89°31'18 'W 177.14' Cab. 10'Utility Easement Cab. A Slide 9712 --- Utility Easement Lot 1, Block 1, Fine Add'n 1. A, Slide 1476 Cab. A, Slide 1476 CITY OF Invoice No: 60789 SOUTHLAKE Print Date: 09/10/2010 1400 Main Street Page 1 of 1 Suite 250 Southlake, Texas 76092 Case /Permit Number: ENCR10 -0712 Application Name: Fireplug Inn Address: 2251 E CONTINENTAL BLVD Application Type: Building / Public Works / Encroachment Agreement / NA Amount Fee Description Invoice Date Invoiced By Invoiced Easement Encroachment Permit Fee 09/09/2010 HBLAKE $150.00 Total Fees Invoiced: $150.00 Please remit payment in person or by mail to the "Building Inspections" window in the main lobby of Southlake Town Hall (address listed at top). A copy of this invoice should accompany any payment. www.cityofsouthlake.com Innovation 0 Integrity 0 Accountability 0 Commitment to Excellence 0 Teamwork