Carroll Senior High School Addition (Lot 1, Block 1) - Easement/Right of Way Joint Use Agreement (',!1 - Y SOUTH!._AKE
Council Ac;t �� 1: 7' . N Card. /R�,s, No. _
Date Appro', E��_f api
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 for a period of ninety -
nine (99) years to permit the following Carroll Independent School District, herein after referred
to as "Applicant," to use an easement / right -of -way, situated on or abutting LOT 1, BLOCK 1,
OF CARROLL SENIOR HIGH SCHOOL ADDITION IN THE CITY OF SOUTHLAKE,
TEXAS, as described on the attached Exhibit A, depicted graphically on the attached EXHIBIT
B and consented to by the public utility companies as listed on the attached EXHIBIT C, to be
used for the purposes of Carroll Senior High School parking improvements and being subject to
the following conditions:
I.
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. The Applicant shall provide prior written notice
to the City of any work to repair, renovate and /or reconstruct the improvements situated in the
easement area.
II.
If the improvements permitted to encroach or any portion thereof are removed at any time, the
permission to encroach as to the removed improvements is automatically rescinded, and the
removed improvements may not be restored without prior written approval of the City.
III.
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.
IV.
Regardless of the stated term of the easement, the easement may be terminated by the City at any
time for any of the following reasons:
(1) Lack of maintenance to the easement / right -of -way;
(2) Failure to provide access to the City or its designees; or
11111318 p i cV4
(3) Should the City require the easement area for the construction of
additional street, utility or other municipal public purposes.
Upon receipt of a City Council directive that use of the easement by the Applicant be
discontinued, Applicant shall arrange for all activities and improvements in the easements to be
discontinued and /or removed within thirty (30) days of written notification, 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.
V.
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.
VI.
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 for a period of time not to exceed ninety -nine (99) years.
IN TESTIMONY WHEREOF, Applicant executes this Easement /Right -of -Way Use Agreement
on this 29— day of , 20 1/
City of Southlake Carroll Independent School District
By: By:
Name: P�� Name: (r c k C
Title: Director of Public Works Title: A 5 5 t 4--
NOTE: Complete the attached acknowledgements.
awn hMJ acwnen:ts
aSeeee 1P s (Ace)
I 4 5 Ilein eel, at" 6 a7O
ORIGINAL DOCUMENT SOUtl1W 1094
CITY OF SOUTHLAKE
Council Action: el N Ord. /Res. No ,,II
Date Approved ��11 2 )`l
10 p.
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 , 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 § - -- Individual Acknowledgment
COUNTY OF TARRANT §
BEFORE Mk, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally
appeared IDppp J', e , known to me to be the person whose name is subscribed to the
foregoing instrument ald acknowledged to me that he executed same for the purposes and consideration therein
expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the Nth day of ��l / , 20 /1 .
,�` FyF'.; , TARA A BROOKS
?=';.' 1, ;, : Notary o State Texas J�
1 ‘;‘,:7 My Commission Expires C. J ires
';4;∎ % ":'��' October 08, 2014 Notary Public in and for the State of Texas
Illll����
M //) T /
THE STATE OF TEXAS § City of Southlake Acknowledgment ,
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, i Votary Public in and for the State of Texas, on this day personally
appeared MopPRZi ,P jppi H Phu) J 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.
ll'' f P NDMAND 'r AL OFFFICE this the A day of � J 20 /1
' 1, : f�otar Pblic S t ate of Texas
I ° '' t '' ° "`''' M October 08n Ex p i res � �f
„��� „° 2014 L/J/�Q(if4)
■
Notary Public in and for the State of Texas
! My Commission Expires: /6 /4
1I1111319
EXHIBIT NO. 1
Being that portion of that certain public utility easement / drainage easement / right of way situated in Carroll
Senior High School Addition /Survey to the City of Southlake, Tarrant County, Texas, and being more particularly
described by metes and bounds as follows:
1211111313 p.11150
EXHIBIT "A"
PROPERTY DESCRIPTION
17,940 square feet of land, being a portion of South Peytonville Road, situated in the R. Paden
Survey, Abstract No. 1255, City of Southlake, Tarrant County, Texas, said 17,940 square feet of land
being more particularly described by metes and bounds as follows:
COMMENCING at a " +" cut in concrete found at the intersection of the easterly R.O.W. line of
South Peytonville Road and the Southerly R.O.W. line of West Southlake Boulevard (F.M. 1709)
said " +" also being the northwest corner of Lot 1, Block 1, Carroll Senior High School Addition, an
addition to the City of Southlake, Tarrant County, Texas, as recorded in County Clerk's Document
No, 210240592, Plat Records of Tarrant County, Texas;
THENCE S 01 Degrees 21 Minutes 10 Seconds W, along the westerly line of the aforementioned
Lot 1 and the easterly R.O.W. line of said South Peytonville Road, a distance of 392.23 feet to the
BEGINNING of the hereinafter described tract of land;
THENCE S 01 Degrees 21 Minutes 10 Seconds W, continuing along the westerly line of said Lot
1 and the easterly R.O.W. line of said Road, a distance of 213.24 feet;
THENCE S 01 Degrees 25 Minutes 34 Seconds W, continuing along the westerly line of said Lot
1 and said R.O.W. line, a distance of 1163.32 feet;
THENCE S 88 Degrees 51 Minutes 11 Seconds W, a distance of 1.61 feet to a point in South
Peytonville Road;
THENCE N 00 Degrees 16 Minutes 20 Seconds W, a distance of 770.88 feet;
THENCE N 22 Degrees 14 Minutes 28 Seconds E, a distance of 35.75 feet;
THENCE N 00 Degrees 53 Minutes 51 Seconds E, a distance of 377.36 feet;
THENCE N 39 Degrees 37 Minutes 17 Seconds E, a distance of 8.55 feet;
THENCE N 00 Degrees 32 Minutes 24 Seconds E, a distance of 188.29 feet;
THENCE N 89 Degrees 52 Minutes 25 Seconds E, a distance of 12.59 feet to the PLACE OF
BEGINNING and containing 17,940 square feet or 0.412 of an acre of land.
See Exhibit "B"map of 17,940 square feet .. OF of land with even date. H Q `s t 2re...1......
i ,../ , - y JAMES B. FERGUSON -
µ 4 1956 .•
t
74° Suav-
DU1Il3JS p.5t J
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.
1911111311plp I`)
_I 1 _L_ _1-. 1
^+ 'D J u r rI N WEST_ SOUT1ILAHB BOUL
(COL HON. b (F. 1L 1 7 O 0)
L J - — naTa7= —
,:r -
42 1S ME
N NI I
I 3 � I J
I II ;° . ,aUE _ //
a
aN I . —_
0 1 �� /
�� .'Ja 4 / ( `iS' U.E
_ 1/) I 17,940 SF. /
OF LAND
200 0 200 r(
_ill I A I Il
_._. — -. 1 0 1 S 01'21'10" W \`
Scale: 1 = 200' —I 0 I I 213.24 \\
1 L3 1 • +' cur IN 1_ NOTE: — a
Di : j COONT � I
1. BEARINGS ARE BASED UPON MONUMENTS a : 1 1I
FOUND ALONG THE WESTERLY LINE OF LOT 1, '?' •.
BLOCK 1, CARROLL SENIOR HIGH SCHOOL I > r.
ADDITION, AN ADDITION TO THE CITY OF z M
n " I 1 11 is I I
SOUTHLAKE, TARRANT COUNTY, TEXAS, AS
RECORDED IN COUNTY CLERK'S DOCUMENT I o U, : J L U .E. - L
D210240592, P RECORDS OF TARRANT E " . I -1 U - r
COUNTY, TEXAS. YIP L1
U
2. SEE SEPARATE METES AND BOUNDS OF a ° o
17.940 SQUARE FEET OF LAND WITH EVEN 1 z
DATE. I E. I C ARROLL SENIOR HIGH SCHOOL ADDITION
113-% I
m C.C. DOC. # D210240592
_ o
:`
1 V
t. LINE TABLE 0
NUMBER DIRECTION DISTANCE
L1 S 58'51'11" W 1.61'
L2 N 22'14'28" E 35.75' 1 ;,, .3-4
L3 N 3737'17" E 8.55' 1 t I $ J ¢ti 55
L4 N 00'32'24" E 185.29' a
2 . s .
L5 N 89'52'25" E 12.59' I d I v -0' .,., 0
: y 1D' U.E. U q T� .r ti .
— > NI
O
O I o1
w z I '9
STONEBURY I
7
4: c :N
JAMES G. FERGUSON DRIVE I
-1.• . 1956 1/2' IRF WITH CAP t e STAMPED 'MONO
( v R PFES 5 / 4 . (CONTROL MON.)
9'0 . •
SUR' I L1 — ", — - I —
� LCI 25
10' PRNAan MIX PUCE 1I AMMON
i a,,filei
AMES G. FERGUSON DATE
R.P.L.S. # 1956 — — PARE P L A C E
EXHIBIT "B"
17.940 SQUARE FEET OF LAND
BEING A PORTION OF SOUTH PEYTONVILLE ROAD
SITUATED IN THE R. PADEN SURVEY, ABSTRACT NO.
I 1255, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS.
LANDES & ASSOCIATES. INC.
REGISTERED PROFESSIONAL LAND SURVEYORS I \ 1 1 1 113'
1107 E. PRST SPRY • 0061 00017, 1WAS 76102 • (017) 070 -I230- DI 170-1212 # 10014 - EX �L) �] Pi p. /
EXHIBIT NO 2A
easement/ right of way to be subject to the encroachment and joint uec agreement in this application.
Not included in this encroachment agreement
5
. b)11111310 P 41t1
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 for Lot 1, Block 1 of the
Carroll Senior High School Addition.
Oncor Electric Delivery Company AT &T / Southwestern Bell Telephone Company
By: By:
(Please Print) (Please Print)
Title: Title:
(Please Print) (Please Print)
Signature: Signature:
Verizon Telephone Company Tri- County Electric Company
By: By: 3 ' d77 D , EQoM &cf./
(Please Print) n AJiT d (Please Print)
/fi
Title: Title: f' / (st, iloRrigs - r L,V,S,o"
(Please Print) (Please Print)
Signature: Signature b. i--12-20/(
Charter Communications, Inc. City of Southlake
By: By: a�ff+' GL Lk III 'l
&N. c y t L
(Please Print) (Please Print)
Title: Title:7 rk' it (4.440 V -- OA. kt';. d s
(Please Print) ( lease Print)
Signature: Signature: l
Atmos Energy
By: Se_fV. \k ucf
?RI:a-CT (Please Print) Title:
(Please Print)
Signature: Nitv, 1l - 2%
lid
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
Oncor Electric Delivery Company AT &T / Southwestern Bell Telephone Company
By: By: Epic
(Please Print) (Please Print)
Title: Title: 7 7 h �/
(Please Print) (Please ' n
Signature: Signatu +_'
Verizon Telephone Company Tri- County Electric Company
By: By:
(Please Print) (Please Print)
Title: Title:
(Please Print) (Please Print)
Signature: Signature:
Charter Communications, 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:
)0 0315 P. °� ��
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
Oncor Electric Delivery Company AT&T / Southwestern Bell Telephone Company
By: By:
(Please Print) (Please Print)
Title: Title:
(Please Print) (Please Print)
Signature: Signature:
Verizon Telephone Company Tri- County Electric Companv
By: By:
(Please Print) (Please Print)
Title: Title:
(Please Print) (Please Print)
Signature: Signature:
Charter Communications. Inc. City of Southlake
By: _Brent E Bascom By:
(Please Print) (Please Print)
Title: _Coordinator Title:
(Please Print) `+ ) (Please Print)
l � L ,
Signature:, ( / t / .) Signature:
Atmos Energy
By:
(Please Print)
Title:
(Please Print)
Signature:
balm p. I► 1,1
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
Oncor Electric Delivery Company AT &T / Southwestern Bell Telephone Company
By: R oa fie 1 /f/64A7 i/ Z- B
(Please Print) (Please Print)
Title: PR ov'£cr4' )b/2. — ZS,/ Title:
(Please Print) (Please Print)
/ . '
Signature: _ ' ./, Signature:
Verizon Telephone Company Tri- County Electric Company
By: By:
(Please Print) (Please Print)
Title: Title:
(Please Print) (Please Print)
Signature: Signature:
Charter Communications, 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:
1 nn 3�5 p.►a ��
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
Oncor Electric Delivery Company AT &T / Southwestern Bell Telephone Company
By: By:
(Please Print) (Please Print)
Title: Title:
(Please Print) (Please Print)
Signature: Signature:
Verizon Telephone Company Tri- County Electric Company
By: / / /9R /EFLL /"ki )F✓el C By:
(Please Print) (Please Print)
Title: 5;7 419w4 G F e Title:
(Pleas tint) � (Please Print)
�/
2g /
Signature: 161 Signature:
— Signature:
Charter Communications, 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:
- D.11111.313 p. i3ct ILI
MARY LOUISE GARCIA ,, ..••.. tip
COUNTY CLERK
•" 100 West Weatherford Fort Worth, TX 76196 -0401
PHONE (817) 884 -1195
CITY SECRETARY
CITY OF SOUTHLAKE
1400 MAIN STREET 270
SOUTHLAKE, TX 76092
Submitter: CITY OF SOUTHLAKE
DO NOT DESTROY
WARNING - THIS IS PART OF THE OFFICIAL RECORD.
Filed For Registration: 5/11/2011 1:01 PM
Instrument #: D211111318
E 14 PGS $64.00
By:
D211111318
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: DBWARD