Item 4HCITY OF
SOUTHLAKE
MEMORANDUM
(April 19, 2011)
To: Shana Yelverton, City Manager
From: Robert H. Price, P.E., Director of Public Works
Subject: Approve an Encroachment and Joint Use Agreement for a
business located at 2379 N. Carroll Avenue
Action
Requested: Approve an Encroachment and Joint Use Agreement for a business
located at 2379 N. Carroll Avenue
Background
Information: Dr. Greg Gist's dental office located at 2379 N. Carroll Avenue
burned several months ago. Dr. Gist is in the process of rebuilding
his dental office. During the site plan process it was discovered
that the existing sign encroached into the city right of way. The
subject sign is the original sign that existed prior to the fire. The
applicant is asking for the approval of an agreement to formalize
the existing encroachment which will allow the existing sign to
remain.
The existing right of way cannot be abandoned to accommodate
the existing sign because it will be needed in the future to meet the
Master Thoroughfare Plan requirements. Exiting utilities are
located within this area and authorization from the franchised
utilities will be needed to allow for an encroachment and joint use
agreement between the City and Dr. Gist. This agreement will
allow the existing business sign to encroach into the City's right of
way.
Financial
Considerations: There are no costs to the City.
Strategic Link: The proposed encroachment agreement links to the city's strategy
map relative to the 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 an Encroachment and Joint Use Agreement for a business
located at 2379 N. Carroll Avenue.
Supporting
Documents: 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
'o
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 as "Utilities," do consent and agree to permit the following Greg L. Gist herein after referred to
as "Applicant," to use an easement 1 right -of -way, situated on or abutting LOT 1, BLOCK 1, OF Emerald Estates
South 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 construction and maintenance of a brick monument sian. 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.
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 1 20
City of Southlake
Greg L. Gist
Pr to me
By:
Applic is Signature
By:
Director of Public Works
NOTE: Complete the attached acknowledgements.
Note: Only complete the appropriate acknowledgements
THE STATE OF TEXAS § Corporate Acknowledgment
COUNTY OFTARRANT §
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 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 of , 20
Notary Public in and for the State of Texas
My Commission Expires:
THE STATE OF TEXAS §
COUNTY OF TArRR*W §
&—nfon
Individual Acknowledgment
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally
appeared Greg L. Gist 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 1 0 day of M 20 �.
My Commission Expires: 5 " 5 `° o i
m*.
12
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
appeared , known to me to be the
subscribed to the foregoing instrument and acknowledged to m
, a municipal corporation, and that he ex
consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OFFFICE this the day of
State of Texas, on this day personally
person and officer whose name is
e that same was the act of said
ecuted same for the purposes and
20 _
Notary Public in and for the State of Texas
My Commission Expires:
EXHIBIT NO. 1
Being that portion of that certain public utility easement I drainage easement / right of way situated in Emerald
Estates South Addition to the City of Southlake, Tarrant County, Texas, and being more particularly described by
metes and bounds as follows:
Description for a portion of North Carroll Avenue as dedicated on the plat Emerald Estates
South, an addition to the City of Southlake, Tarrant County, Texas, according to the plat
recorded in Volume 388 -171, Page 99, Plat Records, Tarrant County, Texas, and being
described by metes and bounds as follows:
COMMENCING in the east line of North Carroll Avenue at the northwest corner of Lot 1, Block
1, of said Emerald Estates South; Thence South 00 degree 55 minutes 38 seconds East a
distance of 219.01 feet along the east line of North Carroll Avenue and the west line of Lot 1,
to the POINT OF BEGINNING of the tract herein described;
THENCE South 00 degree 55 minutes 38 seconds East a distance of 2.50 feet continuing
along the east line of North Carroll Avenue and the west line of Lot 1;
THENCE South 89 degrees 04 minutes 22 seconds West departing said east and west line, a
distance of 2.00 feet;
THENCE North 00 degree 55 minutes 38 seconds West a distance of 2.50 feet parallel to the
east line of North Carroll Avenue and the west line of Lot 1;
THENCE North 89 degrees 04 minutes 22 seconds East a distance of 2.00 feet to the Point of
Beginning, said described tract containing 5 square feet of land.
EXHIBIT NO.2
The following is a drawing depicting the area or portion of the easement I 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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5 0 5 10
Scalet 1" = 5'
Map Showing
Joint Use Agreement for a right —of —way
encroachment for Lot 1, Block 1,
Emerald Estates South
to the City of Southlake, Tarrant County, Texas,
according to the plot recorded in Volume 388 -171,
Page 99, Plot Records, Tarrant County, Texas;
2379 North Carroll Avenue
AREA SURVEYING, INC.
. Surveying / Mapping
® web: a / Fax: 17.7
Va[ce: 817.294.4490 .4490 !Fax: 817.764,2328
Mail: 6060 S. Hulen St., Suite 360, 4241 1 Fort Worth, TX 76132
Key
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Scale:
1"=100'
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Lot 1
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NORTH
5 0 5 10
Scalet 1" = 5'
Map Showing
Joint Use Agreement for a right —of —way
encroachment for Lot 1, Block 1,
Emerald Estates South
to the City of Southlake, Tarrant County, Texas,
according to the plot recorded in Volume 388 -171,
Page 99, Plot Records, Tarrant County, Texas;
2379 North Carroll Avenue
AREA SURVEYING, INC.
. Surveying / Mapping
® web: a / Fax: 17.7
Va[ce: 817.294.4490 .4490 !Fax: 817.764,2328
Mail: 6060 S. Hulen St., Suite 360, 4241 1 Fort Worth, TX 76132
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 1, Block 1, of the
Emerald Estates South Addition to the City of Southlake, Tarrant County, Texas.
Street name: North Carroll Avenue
TXU Electric & Gas Comoan
By:
By: W A la � L - �rZt LI
(Please Pri I)
Title: �CLzasc-T 1(l AOJA&
(Please Print)
M II MW I '
Verizon Telephone Company
(Please Print)
Title:
(Please Print)
Southwestern Bell Telephone Company
By:
(Please Print)
Title:
(Please Print)
Signature:
Tri -Coup Electric Corn an
By:
(Please Print)
Title:
(Please Print)
Signature: Signature:
Comcast Cable, Inc.
By:
(Please Print)
Title:
(Please Print)
Signature:
Atmos Energy
By:
(Please Print)
Title:
(Please Print)
Signature:
City of Southlake
By:
(Please Print)
Title:
(Please Print)
Signature:
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 1, Block 1, of the
Emerald Estates South Addition to the City of Southlake, Tarrant County, Texas.
Street name. North Carroll Avenue
TXU Electric & Gas Company
By:
(Please Print)
Title:
(Please Print)
Signature:
Verizon Telephone Com an
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:
T'1
Southwestern Bell Tele horse Co
By:
(Please Print) /�,
Title:
(Please P
Signatur
Tri- County Electric Comgan
By:
(Please Print)
Title:
(Please Print)
Signature:
City
of Southlake
By:
(Please Print)
Title:
(Please Print)
Signature:
FEB 1 4 2011
`; (yi �4ii:o-il \`•f2 t it���i
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 1, Block 1, of the
Emerald Estates South Addition to the City of Southlake, Tarrant County, Texas.
Street name: North Carroil Avenue
TXU Electric & Gas Company
By:
(Please Print)
Title:
(Please Print)
Signature:
Verizon Telephone Company
B y:
(Please Print)
Southwestern Bell Telephone Company
By:
(Please Print)
Title:
(Please Print)
Signature:
Tri- County Electric Company
By:
(Please Print)
Title: Title:
(Please Print)
Signature: Signature:
TWC
B .4 A x 0�ioppresS
(Please Print)
Title: �6I as/ 0
(Please Print)
FW
Signature: 1X,/LW=
Atmos Energy
By:
(Please Print)
Title:
(Please Print)
Signature:
(Please Print)
City of Southlake
By:
(Please Print)
Title:
(Please Print)
Signature:
F �
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 9, Block 9, of the
Emerald Estates South Addition to the City of Southlake, Tarrant County, Texas.
Street name: North Carroll Avenue
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
B �� \AI L. k-L�
(Please Print)
Title: Wqn= t
(Please ri t)
Signature: i f
Southwestern Bell Telephone Company
By:
(Please Print)
Title:
(Please Print)
Signature:
Tri- County Electric Company
By:
(Please Print)
Title:
(Please Print)
Signature:
City
of Southlake
By:
(Please Print)
Title:
(Please Print)
Signature: