Item 6BCITY OF
SOUTH LAKE
MEMORANDUM
(April 16, 2013)
To: Shana Yelverton, City Manager
From: Robert H. Price, P.E., Director of Public Works
Subject: Approve an Encroachment and Joint Use Agreement for
TruFire Kitchen & Bar outdoor dining in the right of way at
1239 Main Street
Action
Requested: Approve an Encroachment and Joint Use Agreement for TruFire
Kitchen & Bar outdoor dining in the right of way at 1239 Main Street
Background
Information: This item is running concurrent with item 6A the TruFire Kitchen &
Bar Site Plan. Should the site plan be approved on tonight's
agenda, the TruFire Kitchen & Bar will need an encroachment and
joint use agreement.
The applicant is requesting to install outdoor seating and
associated fencing at the intersection of Main Street and a parking
lot. The outdoor seating area will encroach into City right of way.
The proposed outdoor seating will take up 600 square feet of the
corner. The proposed plan will leave the existing landscaping in
place. There are two existing ADA accessible ramps/routes that
will remain. The proposed plan will have a minimum four (4') foot
pedestrian access around the perimeter of the outdoor seating
area.
There is an existing patio that encroaches into the right of way that
was part of the previous tenant's site plan. The existing patio did
not have an encroachment and joint use agreement in place.
Financial
Considerations: There are no costs to the City other than the normal filing fees to
record the encroachment agreement documents.
Strategic Link: The proposed encroachment 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: 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 TruFire
Kitchen & Bar outdoor dining in the right of way at 1239 Main
Street.
Supporting
Documents: Location Map
Encroachment Agreement Documents
Staff
Contact: Robert H. Price, P.E., Public Works Director
Cheryl Taylor, P.E., CFM, Assistant City Engineer
Steven D. Anderson, P.E., CFM, Civil Engineer
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APPLICATION FOR ENCROACHMENT AND .JOINT USE AGREEMENT
OF A PUBLIC DRAINAGE AND 1 OR UTILITY EASEMENT OR RIGHT-OF-WAY
February 19,2013
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
1239 Main Street and described by metes and bounds in Exhibit No. 1 of the
attached agreement.
The reason for the encroachment and use of the easement/right-of-way is as follows:
Restaurant Patio Area
Town Square Ventures, L.P.
Printed Name of Property Owner
817-329-5566
Telephone
817-310-0773
Signature of Property Owner Fax Number
2021 Spring Road, Suite 200
Address
Oak Brook, IL 60523
City State Zip
Town Square Ventures, L.P., an Illinois limited
partnership
By: Western Town Square Ventures I GP, L.L.C.,
a Delaware limited liability company, its general
partner
By: Retail Properties of America, Inc., a Maryland
corporatio ,its a member
By:
Name: Ann M. Sharp
Title: Assistant Vice President
Assistant Secretary
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, franchiised Utility Companies,
herein referred to as "Utilities," do consent. and agree to permit the followirtg
Town 5 uare Ventures. L.P. herein after referred' `to as "Applicar t," to use at easeMen 1 r.ight-of wadi;
situated: on or, abutting LOT 4 BLOCK.. 1R OF SouthlaheTownCenter Addition IN
THE CITY OF SOUTHLAKE, TEXAS, as described on the attached l"xhiOit No, 1, d'ep cted graphicallyon the
attached EXHIBIT No. 2 and consented to by the public utility cornpani'es as- fisted on the attachied EXHIBIT No.
3, to be used for the purposes of
Restaurant Patio Area and being Subject to the: following COndltions:
That the Applicant, his successors Orassigns shall maintain in good oonditiort all of the.ea..seintent area and'the
improvements situated thereon;: and. that City and Utilities shall not hepome responsible for such.maintenance:at
anytime Iri the future:
That the Applicant shall and does hereby agree: to indemnify and hold harmless the City and. the Utilities from .any
Arid all damages, loss or liability of any kind whatsoever byreaso:n.of injury, to property or third person occasioned
by its use of the easement / right of -way or act of ornission, ;neglect or wrong doing of Applicant, his. officers;
agents, employees, invitees or .other :persons, with regard to the 'improvements and, maintenance of such
improverrments; 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 (3Q) days of written. notification, at the discretion of City, for:
(1) Lack of maintenance to the easement 1 right-of-way;
(2) Failure to provideaccess. 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 easem-ent 1 right-of-way necessitated by
such discontinuation of the easement/ right-of4ay use, shall be borne by the Applicant.
IV.
That the Applicant, his successors or assigns shall not seek compensation from City or Utilities for toss of the
value of the improvements made hereunder when such improvements are required to be removed by Applicant.
NA00-New N Drive\ADMINISTRATION-PW DEPTlFotms%AgreetnenWJoint Use and Encroachment Agtvement.doo
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
.2 t 1fi day of t_d , 20 1� .
Town Square Ventures, L.P., an Illinois limited
partnership
By: Western Town Square Ventures I GP, L.L.C.,
a Delaware limited liability company, its general
partner
By: Retail Properties of America, Inc., a Maryland
corporatio sole member
By:
Name: Ann a Snarp
Title: Assistant Vice President
Assistant Secretary
By:
City of Southlake
Director of Public Works
NOTE: Complete the attached acknowledgements.
Note: Only complete the appropriate acknowledgements
THE STATE OFTE*A9Zl § Corporate Acknowledgment
COUNTY OF TARRAW §
D upccSP
BEFORE ME, the undersigned authority, A Notary Public in and for the State of Texas, on this day personally
appeared hn , 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
feto r-, -es t�Lz>encg .14a 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 2.1 s'r day of Whic-h , 20 3
OFFICIAL SEAL
KELLY L MCDONIALD
NOTARY PUBLIC -STATE OF ILLftJ01S Notary Publi in and for the State of Texa
MY COWISSION EXPIRES:051071t3
My m i i
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 , 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:
THE STATE OF TEXAS §
COUNTY OF TARRANT §
Notary Public in and for the State of Texas
City of Southlake 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_
Notary Public in and for the State of Texas
My Commission Expires:
EXHIBIT NO. I
Being that portion of that certain public utility easement / drainage easement / right of way situated in
Block 3R Addition/Survey to the City of Southfake, Tarrant County, Texas, and being
more particularly described by metes and bounds as follows:
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EXHIBIT NO. 2
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.
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EXHIBIT NO. 2A
The following is a detail and / or cross section drawing of the improvement(s) in the utility easement 1 drainage
easement 1 right of way to be subject to the encroachment and joint use agreement in this application.
February 11, 2013
City of Southlake
Planning Department
1400 Main Street
Southlake, Texas 76092
Reference: Site Plan for TruFire Kitchen and Bar — 1239 Main Street
To whom it may concern:
Trufire Kitchen and Bar is formally requesting via the Site Plan process to remove the
existing patio railing that was installed in front of their lease space by the former tenant
X's and O's and make various improvements to the patio area in front of the lease space.
The purpose of the work is to enlarge the existing patio while creating a new image and
energy to the area that provides an environment that can be enjoyed throughout the year.
The extent of the work will be as follows if approved:
1) Demolish existing railing and built in tables;
2) Demolish concrete paving in patio area and limited sidewalk;
3) Enlarge patio area to the east by approximately eleven (11) feet;
4) Rework sidewalk in front of lease space to remove dual levels;
5) Grade the patio area so that proposed patio area will have grades in the one
percent (1 %) range; sidewalk shall be two percent (2%) or less in any direction.
6) Adjust water meter box to new pavement level;
7) Install new patio railing system;
8) Install new fireplace;
9) Install arbor/ sun structure over a portion of the patio;
10) Install new stamped and colored concrete pavement in the patio area (area within
the new railings); Install broom finished sidewalk in sidewalk area.
11) Keep existing Lacebark Elm and tree well.
I believe that the attached drawings will better display the proposed vision of the project.
We believe that this work can be accomplished without the need of variances once all
plans and permits have been approved by appropriate departments and governing bodies.
Should you have additional questions, we would be happy to meet to discuss them.
Sincerely,
Icon Consulting Engineers, Inc.
David Gregory, P.E.
Bicentennial Financial Center - 250 W. Southlake Blvd., Suite 117 - Southlake, Tx 76092
Phone: (817) 552-6210 - Fax: (817) 778-4845
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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 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
Oncor Electric Delivery_Company
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Verizon Telephone Company
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Signature:
Charter Communications. Inc.
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Signature:
Atmos Enemy
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Signature:
AT&T / Southwestern Bell Teleohone Comoan
By:
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Title:
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Signature:
Tri-County Electric Company
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Signature:
City of Southlake
By:
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Title:
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Signature:
FEB/14/2013/TH`J 02:21] Phi PAX No: P, 002
EXHIBIT NO, 3
The undersigned public utility corrl.panies.,.:usI , or erttttad .to U3 o, under the terms and provisions at our
respective franchise with the City of Swthlak% do hereby consent to tho encroachment and jointtise,of the
described portion.. Of such .dralnagoand or utility .easement or right-Of4ay.roquPsted in this Application for
encroachment and joint use: of a public drslnega and :utility easement or rigWoi-way
Verizort Telephone: tomoanv'
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Charter Communications, Inc..
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EXHIBITNO.
The undersigned public utility cornpanles, using or entitled to use, under file terms and` provisions of our
respective frnncitise With fhe; City of Southlake, do hereby consent to the encroachment"and'joint, use of the
described .portion of. such drainage:and 1 of utility easemenf or fight -of -way requested in this Application for
enc€oachmentond'joint use of a public drainage and.ufitit•yeasement"or"right of way
t3ncor 1 leclriCDelive!y Company:
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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
Onoor Electric Delivery Company
By:
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Signature`
Verizon Telephone Combiny,
By,
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Charter Communications Inc.
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Atmos Enemy
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Signature..
AT&T / Southwestern Bell Telephone Comoan
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Title.:. _
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Signature:
Tri-CoupW Electric Company.
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City of Southlake
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Signature:
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EXHIBIT NO. 3
The undersigned public utility companies, using or entitled to use, under the terma and prouiAons of our
respective franchise with.tha.City of Southiake 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 jigint use. of a public drainage grid utility easement or right-oi-way
Qnoor;E=leoft Dqfiv6rym Cornpant/
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Verizon 'Telephone..Corpany:
By:
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Title:
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Signature:
Charter C.vnrmmnicatiuns; Inc.
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signature:
Almos Energy
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Signature:
AT&T1 Southwestern-p_Q11 TafeOghe Company.
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Signature:
7 rt Cotanty lzlectric Con_soahv
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Signature:
City of Southlake
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Title:
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Signature:
2147456230 sport engineering
02:51:29a.m. 02-12-2013 2i3
EXHIBIT NO.3
'rhe .undersigned public lttilily .txirnpanies, using or entitled :to use, under the terms and provisions of our.
respective franchise with Elie. City ,of Southlake, do hereby consent to the encroachment and joint use of the
described portion ofsuch drainage and'/ or ,utility easement or right-of-v ay requested in this Application '#or
encroachment and:joint use of a public drainage. and.ulitity easemerlt or right -of way.
On_cor Electric:DelivervComDdn
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Signature:
ye fton Teleoharte :Cornoany.
By.
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Title:
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Chatter Communications, In
By,
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Title:
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Signature:
Atmos Snerav
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Signature;
AT&T / SoMbypIlgrn')3 l Te&t&ne Company,
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Cry of Sotithlake
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Signature'..
EXHIBIT NO, 3
The undersigned. public .utility companies, using or entitled to use, under the terms and provisions o.f our
respective. frawh.ise with the City of Southlakei do hereby consent to the encroachment. snd joint use: of the
described portion of such drainage end ! or ulifily easement or righ(-Of-Nay requosted jri .this. A004600c ri 'fqi
encroachmnnl:and )oir t;use, of a public drainageandutility easement or right-of:way
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Gharter'Communications, liic..
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Signature:
Atmos Enemy .
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Title:
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Signature.
T&T 1. Southwestern Bell Telephone COrnnan
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Title:
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Signature; � ..
Tri-Gatirnt lectnc. C rn art
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By;
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Signature:
SERVICE PROVIDER CONTACTS FOR
EASEMENTS IN 'SOUTHLAKE
Oncor'ElectricDelivery
Robert Martinez, Designer
2001 N. Industrial
Bedford, TX 7.602.1
Office: (817) 218 — 66$8
TH-Coupty Electric
Scott Baumbach, Utility Design Engineer
4740 Keller -Hicks• Road
Keller, TX 76248
Office; (817) 431 1541
Fax. (817) 431 — 9680
AT&T/So t :. ester n' Bell
Verizon Telephone
Eric Williams
500 John Carpenter Frwy TXG31.EQ7
Manager Engineering Design
Irving, TX 75062
1116 Houston St., Roam 1404
Darrell Fredenc.k, S.upervisor— NE OSP:
Fort Worth, TX 76102
(972) 413 - 2733
Office: (817) 330 — 6803
Steve Gentry: (940) 38 —92J4
Fax: (817) 338 — 67:81
Steve" Olinsky; (972). 318 — 5274
Michael Cook: (817) 691 — 5772
Charter Communications, INC
Atmos Energy (Gas)
Brent Bascom, Construction
Jeff' Wylie, Manager Right of Way
Coordinator
P,O. Box 650654
15100 Trinity Blvd, Ste 500
Dallas, TX 75265-0654
Fort Worth, TX 76165
1-800-460-3030
Office. (408) 392 — 7867
jefF;wylie@atmosenergy.com