Loading...
Item 4DCITY 1 OF SOV 1 H!__AKE MEMORANDUM (March 20, 2012) To: Shana Yelverton, City Manager From: Robert H. Price, P.E., Public Works Director Subject: Approve an Encroachment and Joint Use Agreement for a decorative stone column in the City right of way at 308 St. Tropez Drive. Action Requested: Approve an Encroachment and Joint Use Agreement for a decorative stone column in the City right of way at 308 St. Tropez Drive. Background Information: The Carillon Phase 1A residential subdivision northern boundary line is a common boundary line with Estes Park Phase IV. 308 St. Tropez Drive is a corner lot located in the Carillon development at the intersection of St. Tropez and Canyon Park Drive. Canyon Park Drive connects Carillon with Estes Park. The developers of Carillon are asking for an Encroachment and Joint Use Agreement to place a decorative column in the right of way of Canyon Park Drive where Estes Park ends and Carillon begins. The purpose of this column is to make a visual distinction between the two developments. There are several similar decorative columns located throughout the Carillon development. These columns, however, are all located in common areas. The short length of Canyon Park Drive located within the Carillon development does not abut any common areas. Financial Considerations: None Strategic Link: The proposed encroachment and joint use agreement links to the city's strategy map relative to 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: None Alternatives: The City Council may approve the Encroachment and Joint Use Agreement or deny it. Supporting Documents: Encroachment and Joint Use Agreement Site Map Staff Recommendation: Public Works has no objection to the encroachment and joint use. 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 L APPLICATION FOR ENCROACHMENT AND JOINT USE AGREEMENT OF A PUBLIC DRAINAGE AND 1 OR UTILITY EASEMENT OR RIGHT -OF -WAY 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 1 or utility easement or right -of -way situated on or abutting property located at 5011 5t.Tvoatz Drtw and described by metes and bounds in Exhibit No. 1 of the attached agreement. The reason for the encroachment and use of the ease mentlright -of -way is as follows: ir40lt0,FfvA of c. Emit Stov1c c,olvwm inn tvL vighI- -off - o' {.w�+�aY► irk QriY4- 14+vkts - CARS (ayfLl" LA"c Printed Name of Property Owner Signature of Property Owner 0 12-) 1119- ZA ao Telephone 7Aq) 111 - S3 vg Fax Number U00 Qyss lkvrt-rnvc , Sh . quo W Address 11V, "1k 757o 1 City State Zip HIKES -GTIS CARILLON LLC, a Delaware limited liability company By: Hines -GTIS Holdings II LLC, a Delaware limited liability company, its sole member By: Hines Southlake Land II Limited Partnership, a Texas limited partnership, its Managing Member By: Hines Southlake Land II GP LLC, a Delaware limited liability company its general partner By: Hines Interests Limited Partnership, a Delaware limited partnership its sole member By: Hines Holdings, Inc,, a Texas corporation, its general par er Y: Name: Charles W. E der Title: Senior Vice President DAL02:577878. l 9 Easement 1 Right -& -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 Wv�ts - Gri5 (&V -Mun LX e- herein after referred to as "Applicant," to use an easement 1 right -of -way, situated on or abutting LOT tl BLOCK 23 , OF Cowt tt.wt Ptnasc to 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 i"SriX1tAt-1 of a,, cAst stave_ tbkvumvx M tyw YW%t aF VV" of {.ti "Orl Pavia Privc, 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 I 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 1 or removed within thirty (30) days of written notification, at the discretion of City, for: (1) Lack of maintenance to the easement 1 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 1 right -of -way necessitated by such discontinuation of the easement 1 right -of -way use, shall be borne by the Applicant. D 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. NA00 -New N Drive\Fonns'\Joint Use and Encroachment Agreement.doc N 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 1 Right -of -Way Use Agreement on this 2t 4 = day of 144ar. wry 20 t1 City of Southlake (,"CLrl,t5 W. E1dcv Printed Name i Director of Public Works By: S&1_ 1%%*ftt$^xAot,%ytiaAww. eLI Applicant's Signature NOTE: Complete the attached acknowledgements. HIKES -GTIS CARILLON LLC, a Delaware limited liability company By: Hines -GTIS Holdings II LLC, a Delaware limited liability company, its sole member By: Hines Southlake Land II Limited Partnership, a Texas limited partnership, its Managing Member By: Hines Southlake Land II GP LLC, a Delaware limited liability company its general partner By: Hines Interests Limited Partnership, a Delaware limited partnership its sole member By: Hines Holdings, Inc., a Texas corporation, its general partner ;/ By 1 Name: Charles W. Elder Title: Senior Vice President DAL02;577878.1 Note: Only complete the appropriate acknowledgements THE STATE OF TEXAS § COUNTY OF �ItiS § Corporate Acknowled ment BEFORE ME, the undersigned authority, A Notary Public in and for the State of Texas, on this day personally appeared Ck&.r is w - uct-e r _ _ , known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that same was the act of said k4irvf t LO. W6S J;:PCf , a corporation, and that he executed same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN N `��� M OFFICE this the 1 of 20 1 1 .� ADEI.E 7 Kl_lNE + NOTARY PUBUC N, y STATE OF TFXA$ (►�tl.ty � f 9rE�F�Et MYCOMM, EXP. ioI14115 Notary Public in and for the State of Texas My Commission Expires: I� i O— t THE STATE OF TEXAS COUNTY OF TARRANT Individual Acknowledgment BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared 14 A , 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 My Commission Expires: Notary Public in and for the State of Texas THE STATE OF TEXAS § COUNTY OF TARRANT § City of 5outhlake Acknowledgment 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 municipal 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 OFFFICE this the day of , 20_ My Commission Expires: Notary Public in and for the State of Texas EXHIBIT NO. 1 Being that portion of that certain public utility easement 1 drainage easement / right of way situated in (01r$t 00 91MML 1A Addition /Survey to the City of Southlake, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: �r m W 1 — � W Z J t7i w U X U) Z w¢ O 4 U O e V y v z J O 3MNO AUVd NOANVO ca m� oz w ° �--- w ao w fif Cl 0 4 G LL T 26.6' O O Z J Z CU Z z ir w 3> U a w W ?p xCN U) w 3 rn o z C4 X co ` ,gym �D N Q U L o Z r7 O� Nr o fn z D± W Y N lX co �� pO II m N� T 0100 4(aluaH 'PYd Wt LLOZ /6b /6 ' 3Pv uwnluC)—X3 \63!9! 4x3 \vNocll \ooFLSX£O \£LSX£D \alS \=I 602001 :ON 31U o 4. —j LIJ z EL Z 4 1 z Ma old'. It , u k "W" � 1 bn 3 W291 12, ----------- — -------- a tj vi Hda Rm RN 1151 D ­21m si WA N% ---------- ------- j M Ji m I G 4— �k - -- - --- - aar�Ino °�3artrf- �Inrn -- z -- --- v its t 1111"I'll Y} aJVnq Ivu I aavd 608001 :ON 3"II3 N N W EFS Q n YYY H �LQ O U W � �o O SE a QWz =z \Q=�W�$ r. 0 <��lj °J t y yy� Z QOZ FS Y z yy� SF,, 9S3 A Q H I.ZE u j og pp © S u d; II��YY It ti e- w �yE A o S�S�a•g¢Aq'�� �1� � ��� a e� g �ia13P,JYi ^5 h a C c Ia 7 y{ a , 4 91 pill gg 3 p ro f 3 3 r �� L is p 8 111 .531 i ;1110bi 41 rs sa c a § Jvt Wl � � p @ @ @ Aga "tr G'3' op E 3. a" ^ a xs$s r xa � 3$ SA a e @ ac xc ac xs xc ae xc "c s $ x re 'cep ga 1 s A < i- �,� Y� c ; 4 a $ d pi 13 313 13 IN I N 3 13 I N a i Rk It 3 18N °53 h i p ! s$��� -� ��g� a�5a x �e � � a ', �� � '3 a A a B x p$ x 41 4 p$ �'"° 1 q$ p4 1.11'! rn ���• e gg H4 6 a; tl S ,E,� S �•�� ��� 3s =� $3 r e a � �a p n as � ,aa � a �,� y � a y � n .a � a y.o. � � n �a If X lily RE A In mix y Mg {gp3�7 Y R' e .€ BS �' c 8 ` •� ' s i @ R @6' x �'^� R '� M R ON R Res a t R as a s s ¢ R Y � ° � � _ � @.� �pa ■s� @ � � €+ `� ��a� IN � Ill 9 ! = x7 ;$; � a ? $� � sy � � ; &�a x� r � n 8�x � a g4;A 5 !�aA e91x d H a y a'� €g 3 h a a a e c a $ s a d s pa �€ ag.x a p d3 x' a a� s'' y s ;' i A! z$ 4 E as as �ax 3 °� �°� ���Sa E' 3tl9 a a a'il ati $B ae � aE a 1 1 F i t 1 5 g_ I, p 9a JJ R 1r 1 x N 1 a 5 5- 3 §- 5 9 r ar 5 4 'g 4 -& N � 'N1 5, 'S -G a � dy xb� hp g L `a S4 5E G •"a g`a 5e g � 5ae 5g g g 6 5 Z. i ' Cg jp g y p 15 Ok Yg € ' s � 5' a 3g - � . 3 a � � j' i @7 6 Y # 9' # ! ! S S 5 3 .3 a 3 $ RK 9 e e 3 e3 3 �a mk R 3 �a ° a � �3. ¢F , eG ° 3. F a� 3 x a � a r3 a eG ^ 3 la R 3 s 3 �3 g � a zI 3 . 3 s� tltl 3 ai rytl Ia' 1 S 4 � E rs 3 3 e 3 a a9 3i' 3 g tt Y �g 4 al a aE i x i xI s .iRS RS6 a3 x� � 9 R Aj A A �$¢ r 8 � a a A A A3 �gP R 5E 1 s a 5 a` g5 a 3 E c3' 3 a g a. 1 1� F; aiE '�Ye�5� 3 a C �Y - eY Q aC g A [ a¢a y a E R E kK 1Srh FTSa�� 4 EC 8' 1 Y tlY R€ a � � ~ }^ g�" g a a� i If if Ii to x,113'I 1 1m I� m. � €I If 1IR �v 11 11 11 If H Ida I11111 H 11 X11' 4.1 ill m � ds [W,4 :IH'- kd.0 +]W The following is a drawing depicting the area or portion of the easement 1 right -of -way and property described in Exhibit No. 9, 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. - r aloe 'daluaH 'Wd 0:1 LIoZ /6Z/6 'fisp•L }ly uwnloo X3\ s} lglgx3 \VNJQI \Oo£LSX£D \£LSX£O \OIS \ :I oil Qo J QCL I W V) LEI rn D Z CD Z .I J r x Ld U �zw x�� Wa z O 00 Q U — O - - - z C J O 3AI80 NHVd NOAN`dO v N � 2 � C] f� W W H 00 W CL Y p d � Q d 26.6' O o z J z z � 3 vi >- LO W h U) a 0 On W d' U 0 xZ o0 C=m NJ O �U L } I Z ow N� j ©� (LW a N x O O II I m cn - r aloe 'daluaH 'Wd 0:1 LIoZ /6Z/6 'fisp•L }ly uwnloo X3\ s} lglgx3 \VNJQI \Oo£LSX£D \£LSX£O \OIS \ :I EXHIBIT NQ. 2A The following is a detail and I or cross section drawing of the improvement(s) in the utility easement 1 drainage easement / right of way to be subject to the encroachment and joint use agreement in this application. EXHIBIT NQ. 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 1 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 dncor Electric Delivery Compan By: He (Please Print) Title: M & ff ��oe ,e (_ Signature Verizon Telephone Company B SOL 1+' iV%U -1as (Please Print) Title: k0r�G i Mav12n,s.r (Please Print) Signature Charter Communications Inc. By. J - 1 ren )_ '�\ colt (Please Print) ii ) r � ct�p ►� Title: pct (Please dint) Signature: l Atmos Energy By: - F t 4v W I I (Please Print) Title: FYO t1t M1 (Please Piik AT &T 1 Southwestern Bell Telephone Company By: Cc, IV) A'9'V (Please Print) Title: Vnf-y- `4r5. AI.J • N1° Sign re: Tri- County Electric Company • By: (Please Print) Title: A f/I s r o rj (Please Print) Signatur 4 P J k City of Southlake By: (Please Print) Title: (Please Print) Signature: Signature: