Grand Avenue (Lot 4, Block 1) - Easement/Right of Way Joint Use Agreement ORIGINAL DOCUMENT
1/31 CITY OF SOUTHLAKE
Council Action&N Ord./Res. No. . ' ' '
Date Approved X-6- 0/3
Easement/Right-of-Way Joint Use Agreement
THE STATE OF TEXAS §
COUNTY OF7 4ii r- §
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 LULULEMON, herein after referred
to as "Applicant," to use an easement/right-of-way, situated on or abutting LOT 4, BLOCK 1, OF Grand Avenue
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 PROPOSED ART PIECE 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.
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 / 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.
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/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 / right-of-way necessitated by
such discontinuation of the easement/right-of-way use, shall be borne by the Applicant.
IV.
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.
M:\02 Division 25\Division 25 Projects\Lululemon_LLL\2012 Projects\18734-LLL-Southlake\02 Proj Bkground\04 Due Dilig\Public Works\Joint Use and
Encroachment Agreement.doc
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
/4,),o day of (v , 20 1.3 .
City of Southlak- e. � 4.1�--t- �
••--d Name
By: AgrAIIII ` , •
Director of Pu.lic Works T icant's Si.d re
NOTE: Complete the attached acknowledgements.
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 ME, t : rsigne• - thority, a Notary Public in and for the State of Texas, on this day personally
appear ----,-kfravvirifilte to be the person whose name is subscribed to the
foregoing inst . -• .nd acknowledged to me that he executed same for the purposes and consideration therein
expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the 2 day of i t�v , 20 i 3.
95/
/ Notary Pub'c in a� r the
N
My Commission Expires: l � , vt c'? 31 GC
--- .... Shannon Higginson.__ --._-.--
Barrister & Solicitor
401-.18# _._
THE STATE OF TEXAS § `Cit1To u� a c ckn �p►ledgment
COUNTY OF TARRANT § Vancouver, B. . VbJ
Tel: 604-732-6124 (4358)
BEFORE ME��the undersig authority, a Notary Public in and for the State of Texas, on this day personally
appeared , ?4.v# 14• 'r-•C-c.- , 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
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consi rat!pc 1hQrein expr�sitartiFfn�¢¢apacity therein stated.y
GIVE 1::_41 = _F �iF FICE this the ( day of C'4,4q'ubT ,
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•P My Commission ;� lJ
'� j '' Expires 08/01/2013 •
•
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Notary Public in an the State of Texas
My Commission Expires: g/Zoi 6
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.
Legal description is on the next sheet.
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ENCROACHMENT PLAN - 211 GRAND AVENUE
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Cast Iron Wood
Sculpture Sculpture
IUIUI£T11011-Southlake Town Center.TX Storefront
ENCROACHMENT ELEVATION - 211 GRAND AVENUE
This is a commercial retail store, located at 211 Grand Avenue at the City of Southlake. The
occupancy is mercantile. Former tenant was American Eagle. Space will be demised and
Lululemon will occupy the south part of space. Tenant on the south side is Eddie Bauer. The
proposed art piece will encroach to the street sidewalk right of way, side walk width is
approximate 7'-8'. The proposed art piece length is 15'-4", the width is 1'-10" at the most and
4" at the least (see plan above).
•
EXHIBIT NO. 2A
The following is a detail and / or cross section drawing of the improvement(s) in the utility easement / drainage
easement/right of way to be subject to the encroachment and joint use agreement in this application.
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ENCROACHMENT DETAIL
Exhibit No. 3 Page 1 of 8
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: 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:
Exhibit No. 3 Page 2 of 8
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: Ffro , y' LGiteuIQ" By:
(Ple se Pr t) ��J -/ (Please Print)
Title: / �C 7 /%'//1� Title:
(Please P' t) (Please Print)
Signature: /76..2.2Signature:
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:
Exhibit No. 3 Page 3 of 8
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: 0-t-- 'M r s By:
(Please Print) (Please Print)
Title: S1 -7✓I 4 z. 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:
Exhibit No. 3 Page 4 of 8
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: By:
(Please Print) (Please Print)
Title: Title:
(Please Print) (Please Print)
Signature: Signature:
Charter Communications, Inc. City of Southlake
By: 6 rerit Act.560 P \ By:
(Please Print) (Please Print)
Title: Ce)Prdi 1-pr Title:
(Please rint) (Please Print)
Signature: Signature:
Atmos Energy
By:
(Please Print)
Title:
(Please Print)
Signature:
Exhibit No. 3 Page 5 of 8
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: 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: Anibal Campos
(Please Print)
Title: Project Manager
(Please Print)
/
Signature: c
Exhibit No. 3 Page 6 of 8
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: 2! c- 4// /!//9")1,
(Please Print) (Please Print)
Title: Title: - G _ 4-1/1 A 4 7 7
(Please Print)
Signature: Si• - - _
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:
Exhibit No. 3 Page 7 of 8
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 I 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
f/c44vo /,1v dQr
Oncor Electric Delivery Company AT&T I Southwestern Bell Telephone Company
By: By:
(Please Print) (Please Print)
Title: Title:
(Please Print) (Please Print)
Signature: Signature:
1o/ir€arfuiir,A. .
Verizon Telephone Company Tri-County Electric
Cempan//y--
By: By: �G.i 1). ig24.L!
(Please Print) (Please Print)
Title: Title: / i✓�4
(Please Print) (Please Print)
Signature: Signature: 6,47./3
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:
Exhibit No. 3 Page 8 of 8
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: By:
(Please Print) (Please Print)
Title: Title:
(Please Print) (Please Print)
Signature: Signature:
Charter Communications, Inc. City of • •lake
By: By: ;
(Please Print) (Please Print)
Title: Title: rn 6kArf
(Please Print) (Please Print)
a•+uiq,,q
Signature: - Signature: OVT �w�'•.,
Atmos Energy
' \
•
Alicia Richardson,TI C`'••. „..i•'
By:
(Please Print) City Secretary .`'l„+�*u;,tt,`,,•
Title:
(Please Print)
Signature: APPROVED AS TO FORM AND LEGALITY.
6:
7 4' -
CITY ATTORNEY
ig
APPLICATION FOR ENCROACHMENT AND JOINT USE AGREEMENT
OF A PUBLIC DRAINAGE AND/OR UTILITY EASEMENT OR RIGHT-OF-WAY
W/2.)/.3
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 / or utility easement or right-of-way situated on or abutting property located at 211 GRAND
AVENUE, SOUTLAKE, TX 76092, 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:
PROPOSED ART PIECE.
LULULEMON ATHLETICA 604-732-6124 ext-4113
Printed ame of ' Owner• Owner Telephone
a Fax Number
.natur�of Property Owner `.
400-1818 CORNWALL AVENUE
Address
VANCOUVER BC, V6J 1C7
City State Zip
MARY LOUISE GARCIA
COUNTY CLERK > ; ,; J
O. 100 West Weatherford Fort Worth, TX 76196-0401
PHONE (817) 884-1195
CITY OF SOUTHLAKE
1400 MAIN STREET 310
SOUTHLAKE, TX 76092
Submitter: CITY OF SOUTHLAKE
DO NOT DESTROY
WARNING - THIS IS PART OF THE OFFICIAL RECORD.
Filed For Registration: 8/9/2013 2:06 PM
Instrument#: D213211329
A 16 PGS $72.00
By:
D213211329
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.