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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. ■ o' U ® 0 In CU w ` V n 0 LO Scale: 0 o z Conc. N. 89"0 E .'2.'0'0 Lotl trot of - Beginning i Pvmt. .S 00 °55'38 . .E 2:50. S. ' 8'9 °04'22" -W 2' :00. ' Q 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 Key Map 0 Scale: 1"=100' L O � Q � L Lot 1 Z � U � Mapped Area o 0 J O 0 �e NORTH Q 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: