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Estes Park Addition Phase I, II, III (708 Castle Rock Drive) - Easement/Right of Way Joint Use Agreement ORIGINAL DOCUMENT CITY OF SOUTHLAKE Council Action: (9/ N rd. /Res. No. Date Approved l l i2 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 Robert and Deborah Panico, successors or assigns herein after referred to as "Applicant," to use an easement situated on or abutting 708 Castle Rock Drive IN THE CITY OF SOUTHLAKE, as described on the attached EXHIBIT No. A, depicted graphically on the attached EXHIBIT No. B and consented to by the public utility companies as listed on the attached EXHIBIT No. C to be used for the purposes of constructin ! a landsca I in i retainin l wall and being subjected 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 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 (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 necessitated by such discontinuation of the easement use, shall be borne by the Applicant. 1211073352 p.I 17 IV That the Applicant, his successors or assigns shall not seek compensation from the 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 WHERE F, Applicant executes this Easement Use Agreement on this day of • City of Southlake aQ( 12• PAN ccAl Printed Name By: 9,6 Director of Public Works Applicant's Signature D i2 r� Poco Print ame BY: /1& tiff -- Ap; 'icant's Signa ure NOTE: Complete the attached acknowledgements. RETURN TO: CITY OF SOUTHLAKE OFFICE OF THE CITY SECRETARY 1400 MAIN STREET, SUITE 270 SOUTHLAKE, TEXAS 76092 ORIGINAL DOCUMENT CITY OF SOUTHLAKE Council Action: Q N Ord./Res. No. Date Approved IM . IP, gni D2I1013352 p. 201 17 Note: Only complete the appropriate acknowledgements THE STATE OF TEXAS Corporate Acknowledgement 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 Acknowledgement COUNTY OF TARRANT BEFORE ME, the rsigneOuthority, a Notary Public in and for the State of Texas, on this day personally appeared o,.. ,�.J 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 - e'n ex. ressed r n,,,,,, M " j E pt� .f =d .. (i E,Ish �II�t. t o D AND SEAL OF OF CE this the day of 1 6 20 t,( ,t • . M C Expires '%;°° ‘` AprIl 13, 2011 . _ •�.� .rill. No ary Public in and for = State of Texas My Commission Expires — l . U. THE STATE OF TEXAS City of Southlake Acknowledgement COUNTY OF TARRANT BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Pthia P2iri) , 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 II • ,v I. , a municipal corporation, and that he executed same for the purposes and co • d / ration therein expressed and in the capacity therein stated GIVEN UNDER MY NAME AND SEAL OF OFFICE this &/day of fY ' , 20 1) Notary Public in and for the State of Texas My Commission Expires /0-0g ILI v; rr�.., TARA A BROOKS I 4. '.. "� Notary Public, State of Tea '�. /0 My Commission Expires K„ October 08, 2014 1)2i103352 P- 3°1 . . . . STATE OF TEXAS COUNTY OF TARRANT ThiT, instrument •vas acknowlaciged before rne on .111ECikaa aoiL...., oth xteg „_......,..,......- f Signature ai Signer 1. ./.....,, Signature of Notary Public U0-) TARA A BROOKS in* Notary Public, State of Texas ... ..s My Commission Expires October 08, 2014 2110735Z P.401'7 EXHIBIT NO. A Being that portion of that certain public utility easement/drainage easement situated in A. Chivers Survey, Abstract No. 299 to the City of Southlake, Tarrant County, Texas, and being more particularly described by metes and bounds as follows SEE EXHIBIT NO. 1 ATTACHED 1211073352 p 5117 • PROPERTY DESCRIPTION • 0.0106 of an acre of land situated in the A. Chivers Survey, Abstract No. 299, City of Southlake, Tarrant County, Texas and being a portion of Lot 9, Block 1 of Estes Park Phase 1 Addition, an addition to the City of Southlake as recorded in County Clerk's Document No. D 204305915, filed in Cabinet A, Slide 9572 Plat Records of Tarrant County, Texas, said 0.0106 of an acre of land being more particularly described by metes and bounds as follows; COMMENCING at the northwest corner of the aforementioned Lot 9 Block 1 of Estes Park Addition; THENCE S4 °54'43 "E, along the west line of said Lot 9 Block 1 of Estes Park Phase 1 Addition, a total of 15.00 feet to the BEGINNING of the hereinafter described tract of land; THENCE N4 °54'43 "W, along the west line of said Lot 9 Block 1 of Estes Park Phase 1 Addition, a total of 6.00 feet to the beginning of a non — tangent curve to the left with a radius of 851.05 feet and whose long chord bears N82 °29'46 "E; THENCE Northerly along said curve, through a central angle of 5 °11'02 ", and arc distance of 77.00 feet to the end of said curve; THENCE S10 °05'46 "E, a distance of 6.00 feet to the beginning of a non — tangent curve to the right with a radius of 857.05 feet and whose long chord bears S82 °29'46 "W; THENCE Southerly along said curve, through a central angle of 5 °11'02 ", and arc distance of 77.54 feet to the end of said curve, and the PLACE OF BEGINNING, and containing 463.63 square feet or 0.0106 of an acre of land. EXHIBIT NO. 1 JOINT USE AGREEMENT SOUTHLAKE, TEXAS THIS DOCUMENT IS FOR INTERIM REVIEW riDEOT INS . Loop 820 North Fort Worth, Texas 76118 AND IS NOT INTENDED FOR CONSTRUCTION, ' • Fax 817 - 590 - 8600 Phone 817 - 589 - 0000 BIDDING OR PERMIT PURPOSES. CIVIL ENGINEERING FIRM REGISTRATION: # F- 003116 (IX) W W W.DEO 1 11,.COM BeYg Clanton T. Redinger oa% a /solo DRAWN BY: I SCALE: I DATE: PROJECT NO.: SHEET: CTR NA 08/24/2010 I 2003105 I 1 OF 1 11O1 IM A '. U. In 417 EXHIBIT NO. B The following is a drawing depicting the area or portion of the easement and property described in Exhibit No. 1, that is subject to 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. SEE EXHIBIT NO. 2 AND NO. 2A ATTACHED 1 21107352 p7117 EN f- O = 2221'53 o W g 2.078 AC. RAD. = 842.05' i__, LEN. = 328.68' a m TAN. = 166.46' bW �i POC --r' f' 91 .°' --''v .E• 71. 92. -- 1 5' D- C 119.74' C2 PO • N °I © ©D1 0 di 8 ( � 0.344 AC. w e�7 10 " w 0.345 AC. lo w o 0.432 AC. rr► 0 r 30' B/L 10 3.22 10 1 31.22' CAS ROCK DE,. • LINE TABLE CURVE TABLE LINE LENGTH DIRECTION CURVE LENGTH RADIUS DELTA CHORD BEARING CHORD LI 6.00 N4 °54'43 "W C1 77.00 851.05 5 0 11 '02" N82°29'46 76.97 L2 6.00 SI 0 °05'46'E C2 77.54 857.05 5 °11 '02" S82°29'46 "W 77.52 0 10 20 40 EXHIBIT NO. 2 JOINT USE AGREEMENT ( IN FEET) S OUTHLAKE, TEXAS 1 INCH = 20 FT ! J j 2553 E. Lop 820 North THIS DOCUMENT IS FOR INTERIM REVIEW i E TIE C 25 E. Loop 820 76118 North AND IS NOT INTENDED FOR CONSTRUCTION, • Faa 817 - 590 - 8600 Phone 817 - 589 - 0000 BIDDING OR PERMIT PURPOSES. C I V I L E N G I N E E R I N G FIRM REGISTRATION: # F 003116 (TX) W W W.DEO 111:.COM Reg e No.: C 244 T. Redingar D at 08/04/2010 DRAWN BY: SCALE: DATE: PROJECT NO.: SHEET: CTR I 1 " =20' 108/24/2010 I 2003105 I 1 OF 1 ID21/073352 Pgoj17 a 5°15'02' \ \ LOT 5 Z,Te / / 11,,L_I',0 _.' 4 , ggggO�gg ) \ \ 1.86' \ \ 1.82' , , - \ \,— / � f0 7� 75e38 � 6 5° UTILITY EASEMENT CABINET A, SLIDE 9572 A `� *) P.R.T. G °' '' . �. T '' .c C��� S' 1 /i° R' . °P~ .i ce/ i,i, _ -GS ----- r �. � - METAL t S [/ � T ! f J e FENCE � -, r , r � R t 1 r - � —' L�' r 10X 10° UTILITY EASEMENT s- -,.„,r ® ! ;��_`"° ; --" ' ` v 1 \ CABINET A, SLIDE 9572 ' ' �° j P. R.T.C. T. t ' ' FENCE POSTS \, t ' +r _....-----L----- ,. -- O.2° INSIDE o p� , / . - S e d Vo'k PROP. r; .e.® ry Q , �-• 2e r, A phl/.1,- /t- l = U ' 7. `O - ESTES PARK . LOT 8, ;LOCK CABINET ��� EASEMENT SLIDE 95 27 ` CABINET A, SLIDE ' RE} P.R.T.C.T. 1--T ` \ P.R. T.C.T. \ - WALL � k` \ 4 11.6 - -{3 9. -- '3- .\ `, 2. AT TIME OF SURVEY _ g� STEEL POSTS ONLY k 't o ALONG THIS LINE ` ° ° �' 7 0 d o AC / \ °='- -3;_:,‘ 1 6° 10.11____I .3 = 1 0, 7.5° UFILJTY EAS, 1 G9 7. \ CABINET A. SLIDE 1 0, •, VI - B C I ° - .2... - .2... , \ %. P . R. T. C.T. 7 t a +, 10. 3 S: gA �° \_tom. .1 5 \ .t \ 9 _ \ \ , TW STORY BR \ fi _ RESIDENCE ` AG METAL \ P 1� __ 708 CASTLE ROCK FENCE -- or- ��� � ' ' �� 12.4' , " o, a \`� 6 1" , o ` � .4-9____:\ 90 0° \ du o s b. ,,.... PAVE 2'6 77 7 � -4:1°A‘ , '� co - \ \ r ��E t � / G �- raB. a Y.G \ \ ` • EXHIBIT NO. C 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 right -of -way Street name. Kimball Ave. Oncor Electric Company AT &T Telephone Company By By (Please Print) (Please Print) Title Title (Please Print) (Please Print) Signature Signature Verizon Telephone Company Tri- County Electric Company By B (Please Print) (Please Print) Title Title (Please Print) (Please Print) Signature Signature Charter Communications, Inc. Atmos Energy By B (Please Print) (Please Print) Title Title (Please Print) (Please Print) Signature Signature City of Southlake By O rt e5 4—Q yt, ol[ CtZ (Please Prmt) II I Title e tal ecV (- VI,t,1pl`GU3e (Please Print) Signature Q.144444... 2/10 73352 2 p. io�iT COUNTY CLERK'S MEMO PORTIONS OF THIS DOCUMENT NOT LEGIBLE WHEN RECEIVED ' N(), •-- , ...ntitied to use. under the ti and provisions of our franchise t ;ty oi So! • • onserit to the encroachment and Joint use of the f.ickled portion '.rainage a' :::::. or ri of-wa\ re quested in thi CO" for encw. .tnd _joint • 7 e 4 57 Po jc !.,(reet name L rc Co rnr: A !VI' TctepItone conip4ity Please Print (Please Prtnt) To! Print (Please Print) : ;or, clephpne In-County Electric Cont_pany Agkric._FRI.DtRiCk BA, : 2 1--ase Print (Plea..ie Print) I 5 XEV Print itk Print) i i Attnos Energy i'icase Print (Please Print') 11(1 st.; Print: , Pit.-.ast. Ptin Cty if 'hIake it Print 1‘01. i Print b211073352 p. EXHIBIT NO. C 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 (144 Application for encroachment and joint use of night -of -way L.,;.1 ' 1�Lk 1 E4-(6z, P'Rk 1 Street name. 1(D t_4 izoLtz, L/Lni.uScAPinaL9, WALL, Oncor Electric Company AT &T Telephone Company B y B y -- (Please Print) (Please Print) Title Title (Please Print) (Please Print) Signature _ Signature VcrizonTelephone Company. Tri- County Electric Company By By 3 D. Elc„K Ede 41 (Please Print) (Please Print) Title -- — — Title _ ���!1 ea w96.eR /V D/�T7/6/9 5 .2)/(//5/ DA/ (Please Print) (Please Print) Signature Signature Charter Communications, Inc. Atmos Energy By _ .�__ By (Please Print) (Please Print) Title Title (Please Print) - (Please Prrinin t) Signature Signature City of Southlake By t(-G6 ‘z, b3t C___vsa.L. (Please Print) Title �kt �vo,u �Jr1A � b (Please Print) 1 ,� RE-C y \A.) 1 Vela � t wo Signature 014ovas— '='1C tE \A) Pw CLI CovN 1 - crtte. St-1/4A w t•erz 1? J ` „2„, t�ows�l? c ivt ,Dto, trtrre, &1st_ >2)1013352 o. 12 c117 EXHIBIT NO. C 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 right -of -way -- 10% 0241 12oc k . Street name. Ki Aver Oncor Electric Company AT &T 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 (Please Print) (Please Print) Title Title (Please Print) (Please Print) Signature Signature Charter Communications, Inc. Atmo Energy B I. J 't1 t .6(C) By (Please Print) (Please Print) Title Cr iL f r14z Title (Please Print) ' _ (Please Print) Signature / f .w r1 Signature City of Southlake By (Please Print) Title (Please Print) Signature 211013352 p. / /7 EXHIBIT NO. C 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 right -of -way — TCte Rom Street name. Kimall -Ave. Oncor Electric Company AT &T 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 (Please Print) (Please Print) Title Title (Please Print) (Please Print) Signature Signature Charter Communications, Inc. Atmos Ener. . y By By ae.w (Please Print) (Please Print) Title Title 'PRD31_Or n G� (Please Print) (P1 . Print \\ Signature Signature City of Southlake By (Please Print) Title (Please Print) Signature ?211073352p. ii/ EXHIBIT NO. C 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 right -of -way 75 Qo ck, Street name. mha q. Oncor Electric Company AT &T Telephone Company By By (Please Print) (Please Print) Title Title n f , , �,, � ; (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. Atmos Energy By B (Please Print) (Please Print) Title Title (Please Print) (Please Print) Signature Signature City of Southlake By (Please Print) Title (Please Print) Signature )2103352 p.15117 EXHIBIT NO. C 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. 708 Castle Rock Oncor Electric Delivery Southwestern Bell Telephone Company By: Ri..1A40c. Wk . QtitniTAiAL By: (Please Print) (Please Print) Title: ?Rc t.cr MAP Aber— Title: (Please Print)) �{ (Please Print) • Signature: cL au.o -y.L )1- u. ) 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: X 2110152 _ _ . I 17 MARY I~,OUISE GARCIA + COUNTY CLERK • s 100 West Weatherford Fort Worth, TX 76196 -0401 PHONE (817) 884 -1195 OFFICE OF THE CITY SECRETARY CITY OF SOUTHLAKE TEXAS 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: 3/30/2011 10:18 AM Instrument #: D211073352 A 17 PGS $76.00 By: D211073352 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