Miron Addition (Lot 1, Block 4R) - Easement/Right of Way Joint Use Agreement JUN -29 -2010 13:48 Rattikin Title Company P.001
OFFICIAL RECORD
I0-0 0309 K
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 RCC Miron Office, Ltd, herein after
referred to as "Applicant," to use an easement / right -of -way, situated on or abutting LOT 1, BLOCK 4R, OF Miron
Addition 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 a generator and screening wall 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.
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.
111.
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 bome 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.
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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 TESTINIONY WHEREOF, Ap licant executes this Easement / Right -of -Way Use Agreement on this
day of dune— , 20 ID .
Cit •f Southlake " ! ; ;vi 0 L '
I , Pri �r'r
By:
� .t _, By �,C
y -� Ap • Iic r' : nature
Ma l
Mayor � =
NOTE: Complete the attached acknowledgements.
- h21010190 p.2t
JUN -29 -2010 13:48 Rattikin Title Company P.003
Note: Only complete the appropriate acknowledgements
THE STATE OF TEXAS § Corporate Acknowledgment
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, A Notary Public in and for the State of Texas, on this day personally
appeared COTA�T , 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
RccnA i:,rL, , 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 ofU' , 20 11 ' 1 ' .
���: LESLIE A. BARDO
\ CSLACI-- ( 2- 4 -0
•' � � My Commission Expires
. 4 . December 18, 2018
Notary Public in and for the State of Texas
My Commission Expires: 1a--t "•13
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 undersi ned ut prity, a Notary Public in and for the State of Texas, on this day personally
appeared l.0 Ezra._ . Ft it( , known to me to be the person and officer whose name is
u cribs the foregoing instrument and acknowledged to me that same was the act of said
Ll t to p� - i1 ( u•Kc a municipal corporation, and that 4 executed same for the purposes and
cons' eration therein expressed and in the capacity therein stated. ( I
GIVEN UNDER MY HAND AND SEAL OFFFICE this the 16 day of VU , 20I b.
\ \\ \ \ \ \Nt4111lf /( /(//� • p
�`'�. Notary Public in d for the State of Texas
My Commission Expires: C d f `.. • ��► y PIl ... 1 _ a o
/' /' / , / / / /! / ``\`
JUN -29 -2010 13:49 Rattikin Title Company P.004
Dch.i b i f
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 01 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.
OF
A, N4T E` 9
if` \, ANDREW . STEVE ,, � /
', •0 5345 i . -, / //
x 1yo.fssws :4T
S UR D .
Legal Description
Generator Screenwall Easement
over and across
Lot 4R, Block 1,
MIRON ADDITION,
'TEVENS City of Southlake,
%0 LAND Tarrant County, Texas.
SURVEYING + (see attached exhibit)
7300 -B »FAr1AEAfOfm MrY.
FORT WORTH, TEYAS 76116
(817) 696 -9775 (817) 696 -9780 FAX
SCALE: r = 100' 5 -25 -2010 070303 GH/TF
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..... r .., N.0 621 T c--
MIRON ADDITION
P.C. A, S. 1252
MIRON ADDITION O
P.C. A, S. 1252 5
GORBUTT ADDITION S 88'S2'18"E 200.41'
V. 388 -205, P. 10 1 O ki 0 L= 52.12'
O (
6 R= 188.43'
1 0 o
1 b
2A r 8 89•48'12"E z S 03•56'28
al ,... 00 0 83.20'
mo
oit
S 89•53'23"E x X2 ,00'
1 O 170.00' 0 6 R=
0 4R w
- 02 co
N 111 0 ID
0 Al
cl $ CV 0
m
co g ti
o
v Z r -- 1
UNIT TM
L= 66.01'
ADDRESS 290 R= 60.00'
E 4S M ENT
SCREENWALL
Boa �s' J (S EXN ern L= 67.30'
R= 75.00'
''%���50' POINT OF ti S 88•58'04'R\
BEGINNING 432.70'
1 1 \
1 3R6 1 3R5
1"
§ N ea16'O4 s iva•
Z r -- )
g go
$ s • a as ie
Legal Description
Generator Screenwall Easement
over and across
Lot 4R, Block 1,
,,,,,/EN5 MIRON ADDITION,
°i� L/gND City of Southlake,
Tarrant County, Texas.
5LURVEYING
7X0-9 „�, MWY (see attached exhibit)
FORT NORM 1E,s 76116
(8f7) 696 -9775 (817) 898 -9780 FAX SCALE: 1' = 100'
5- 25-2010 070303 G+/rf
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• � Gu 6 t `` 3 ``
APPLICATION FOR ENCROACHMENT AND JOINT USE AGREEMENT
OF A PUBLIC DRAINAGE AND / OR UTILITY EASEMENT OR RIGHT -OF -WAY
5/19/10
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 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 the City of Southlake
RCC Miron O e,, t• / 469 533 4100
Printed Na f Pr if!' Owner Telephone
/ 469 533 4150
Signature o Property 1 ner Fax Number
Cv ccW/
8333 Douglas Ave, Suite 110,
Address
Dallas TX 75225
City State Zip
.b210149190 p. 417
C:1Documents and Settings \TimColtart\Local Settings\Temporary Internet Files\OLK2FDIJoint Use and Encroachment Agreement.doc
JUN -29 -2010 13:49 Rattikin Title Company P.007
SUZANNE HENDERSON #.•'.
COUNTY CLERK
" 100 West Weatherford Fort Worth, TX 76196 -0401
Z ` "" " PHONE (817) 884 -1195
RATTIKIN TITLE
201 MAIN ST STE 800
FT WORTH, TX 76102
Submitter: RATTIKIN TITLE
DO NOT DESTROY
WARNING - THIS IS PART OF THE OFFICIAL RECORD.
Filed For Registration: 6/21/2010 3:35 PM
Instrument #: D210149190
E 7 PGS $36.00
By:
D210149190
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: VMMASSINGILL
TOTAL P.007