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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 c 0 r 0 J rr U N O L am Li J 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: Z Mir gon FF R � 3 ° p� g E. tiK .5O """ 5�.� 5 a w a 8 3 V r°�y }�• °ram. .1a '_ vJA a yo+e c o �� a5 y spy o Sim H. a 9 s� H 1s N go; via 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. n a� �p- � cLuss'�asmm�r��3aµsa'� ; a uagmml u � i Y 9Y.j.4YY.YMOM @Y4Y-.Y�3 ``^ e ? iln'l.13:52 o„x EA YG 4q $X8IX$ ��i%�at�t��� -71 � �l'a�xRlpYH sn 5�99:9Sj. �I�39�3 �33� a i �ga 6�! k AN' V :V F 7; fan. s. TS bill r [ u. E: o- 'o IT m u 5 p k' ar ga �'-'m'a�ias � x aai 4 g r�z "..PHI ' r°e6. 02 3 iuu-A `9 ^�a griacR uq° h 'xph �zo:�{-f .w� — ..0 x n�rc nl £ µQ1 OM__ • g �� �n O 3�i ak in y 9 uu (" 3 I 4 5 JSm R, r •''tea E .1.2 m§. o j mot �qm J z w- Jj �€ JYN F 4. .. Q dew v s ( ww $ ~1 M it - �• ! € g6 $�5�a3��'� I ty) aaE�iii9 t�t aEg S�.f«Zi���i£iEi�S ��63��6 AU jj WOO N. Nit fill � i . \ <� � � � � 2. 9 •Kam x S�e•'Lt'��. E�. xs °s E in 3 f 3 6 55 6 of AA 6��� '$cs� Y € °sa ' I € I!: .g•5 E°u.�-sge ag a � n g till fill ~ g' All; S$'s 6. N 0. 5 $ E Pie-h!R £ y o .'zE$4 �L .. B 11 5 4 g "NvR ' 35d L 91. It �s € 35 'S5 O S E,ap�p� fs og�� g°tnn� bE ',"l4 p g!E fy6 weE�Y °_} 33`gpEff,Ea�a ffi�L JE 0 a �R•: Rs $rc �n8 FE 7 FiX, NH e1R.14 Nm3YJ kn :n wad a $ 8 O B e .4 ::IR U; -S TV a All$ss 8 i ° I e�l�p$''� § J. p � ae E$e i yg ' j svEe 55s is bi x_N� XX€ J J1 sE �a n$, ty° sa aLg�S I 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 cd ti wail i�j i 1 5 ................ ............ ...... .. .................. .. ........ . . . . . , % 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 Bv: (Please Print) Title: (Please Print) Signature: Verizon Telephone Company By: (Please Print) Title: (Please Print) Signature: Charter Communications. Inc. By: (Please Print) Title: (Please Print) Signature: Atmos Enemy By: (Please Print) Title: (Please Print) Signature: AT&T / Southwestern Bell Teleohone Comoan By: (Please Print) Title: (Please Print) Signature: Tri-County Electric Company Bv: (Please Print) Title: (Please Print) Signature: City of Southlake By: (Please Print) Title: (Please Print) 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' ay_ (Please Print) Title: (pleas9 Ptdit) Signature; Charter Communications, Inc.. By: (Pie.me.Pei 17) Tide: (Please Print) SJpnetttre;, Ab-Qs >rnetray gj+r {Please Wrint) Title: (Please .dint) Signature: ATE f BaU111yestem 8911 Telephone;Cornoany �y (Piess�Pdnt) T1fie tPleate Pont) 5lgnt3turer �Y__�lectrie Corrtcarik By, (Please P1 nt) `T Title. (Naes'Pant) Signature: CtiyofSvuthlake By: (Please Pont) Title: (Pteasa Pont) '9106ture 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: Sys, (Please;Printr Title: (Plegsa,Ptinq Signature" A7&T lSou. est m Bel Teia hnnt3"Corrit)eh By. (Piessa PrinEj 7'iile> l.Pleme Print) Sigrid tUre" lleriz nn 7ele horie':Gorr, n Tri-Caunly Eiecl is cbhti ati (Please Print) (Please.Pdnt) Tttle�_. ea, (Ptease Ptinl) Signature: Signature: Charter.Communicatiot Inc: 8y: (Please Phil) Title: (Please,Prird)' Signature:. Atmos Eherav SY fAlease Print) Title: (Please Print) Signature: 0112 of Southiake ey; (Please Print) Title: i lease Pnno .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 Onoor Electric Delivery Company By: (Please: Print) 'Title: (Please Print) Signature` Verizon Telephone Combiny, By, (Please;Prlit) Title: (Please NMI) Signature. Charter Communications Inc. ! . By: (Please PON) Title Cbm—;Maf1 (Please rint)IN �^ Signature. Atmos Enemy By: (Please Print) Title: (Please Prinl) Signature.. AT&T / Southwestern Bell Telephone Comoan By: (Please, Print). Title.:. _ (Please Print) Signature: Tri-CoupW Electric Company. BY': (Please NnQ Title: (Please Signature: City of Southlake By: (Please print) Title:. Signature: (Please 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/ 13y . (Please Prinl) Tltl e� (PI'eage Piini) Signature: —�—. Verizon 'Telephone..Corpany: By: (Plaoss Print) Title: F (Phase Print) Signature: Charter C.vnrmmnicatiuns; Inc. .B.y;. (Please'Piinl) Title: . (Please Print) signature: Almos Energy sy: /%;W' / C/1�15 (Please Print) Titte: �/colt` (Plelse Print) v Signature: AT&T1 Southwestern-p_Q11 TafeOghe Company. By. - (Please Print) Tltte:. (Please Print); Signature: 7 rt Cotanty lzlectric Con_soahv By (Pteese PrinW (Pleasa:Ari�t) Signature: City of Southlake 9y: (Please Print). Title: (Please Print). 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 By: 'tmeasa,Print) Title: (Please -Print) Signature: ye fton Teleoharte :Cornoany. By. (Piease'Print}. Title: (Please Pint}' Signature:. Chatter Communications, In By, (PlaaSe;Pdill} Title: (Please Print) Signature: Atmos Snerav By; {Please Print) Title; (Please Pont) Signature; AT&T / SoMbypIlgrn')3 l Te&t&ne Company, ay:.LL Ett c f r/ (Please Prim) Titler+ifJ; signa " re:_ Trt-County EJOCtric.Campany By: {Please Print}. Title:. (Please. PArnp Signature: Cry of Sotithlake By;. (Please Pont) Title, (Please: Print} 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 IZ14 MAw x Onc&-Electric Deliver - Corn an QY Tide- {Ptt'a�e,PriPt), Signature =, Verizon Telephone Cbftan BY .. (PI easo. Print)_ Title; . _ (Please PrinR? Signature: Gharter'Communications, liic.. By: (Pleese'print) Title: . (PlOse Print), Signature: Atmos Enemy . B.y:. (Plem Print) Title: (i?Eease.Print) Signature. T&T 1. Southwestern Bell Telephone COrnnan By: (RtsFase.Priiii) Title: (f lease p6nt) Signature; � .. Tri-Gatirnt lectnc. C rn art By _Dr'i City of S_ou.thlake. + f By; '(P10080 Print) Title: „ (Please Print) 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