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Item 4FCITY OF SOUTH LAKE MEMORANDUM (August 6, 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 Lululemon outdoor seating bench and art in the right of way at 211 Grand Avenue Action Requested: Approve an Encroachment and Joint Use Agreement for Lululemon outdoor seating bench and art in the right of way at 211 Grand Avenue Background Information: The applicant is requesting to install a wall mounted seating bench along with a sculpture that will encroach into City/public right of way. The bench and sculpture will encroach into the public right of way a distance of 22 inches. This item is running concurrent with item 4G, the outdoor sculpture for Lululemon. 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 attractive and unique spaces for enjoyment of personal interests. 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 Lululemon outdoor seating bench and art in the right of way at 211 Grand Avenue Supporting Documents: Location Map Encroachment Agreement Documents Staff Contact: Robert H. Price P.E. Public Works Director Cheryl Taylor, P.E., CFM, City Engineer Steven D. Anderson, P.E., CFM, Civil Engineer APPLICATION FOR ENCROACHMENT AND JOINT USE AGREEMENT OF A PUBLIC DRAINAGE AND / 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 / 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 Printed ame of perty Owner nature of Property Owner 400-1818 CORNWALL AVENUE Address VANCOUVER BC, V6J 1 C7 City State Zip 604-732-6124 ext - 411 Telephone Fax Number U Easement /Right -of -Way Joint Use Agreement THE STATE OF TEXAS COUNTY OF 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. 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. 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 1 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. MA02 Division 2-U)ivision 25 Pr( iecls\L.ulutenion_LL4.\2012 Projects\18734-LLL-Soullilake\02 Proj Bkground\04 Due Dili-Tublic WorksVoint Use and Encroachment Agreementtdoc 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 day of 20 By: City of Southlake Director of Public Works NOTE: Complete the attached acknowledgements. % t tz-T Ak vr-t- 1. Ar.. d Name icant's Sic re Note: Only complete the appropriate acknowledgements THE STATE OF TEXAS § COUNTY OF TARRANT § Corporate 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 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 My Commission Expires: THE STATE OF TEXAS § COUNTY OF TARRANT § Notary Public in and for the State of Texas Individual Acknowledgment BEFORE ME, the-un rsigne thority, a Notary Public in and for the State of Texas, on this day personally appea o e to be the person whose name is subscribed to the foregoingst 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 o� 20 ` 3�1 My Commission Expires: W( A Notary Pub c in a or the V�CbmVAU_ �)j'Gr Shannon Hicgginson ...... ............ _`_. Barrister & Solicitor THE STATE OF TEXAS §-TV'tifridf`tYu`4hlhVLr dckn� ledg ent COUNTY OF TARRANT § Vancouver, Tel: 604-732-6124 (4358) 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. 2 The following is a drawing depicting the area or portion of the easement 1 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. ENCROACHMENT PLAN - 211 GRAND AVENUE r OA5f7: LIW -FtM3 r 5-FM SU'FOTZT - F-MM TO 5TTZUGTUI7_AL DETAIL TRUE NORTH IUIUleMOTI-3oathlake Town Center, Tx 51OYe f ront 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 V-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 improvements) in the utility easement / drainage easement / right of way to be subject to the encroachment and joint use agreement in this application. iF 17EG1= [ -1 7 & f MT F.F.E. ENCROACHMENT SECTION ALISN TGP OF GANTLEVEKEU r OOP YtM4 TOP OF EXMN6 %• 5GLOOM? BRIGK G 3LFKM. Otis RODFIN6 FELT ON V2' EXf. 6RAVE PLYYW. 5LC7PE � } V2- EXT. GRADE PLY!" . PAwnEp TO MATa4 1 1 64-4OUT n6LV ALL 5VE5 ` TO P KF VMI r rb4TEK INFILTRATION. 5TE1- 5UPPCRT - RETER .TO 5TFZBGTUI;4L VF%65 ENCROACHMENT DETAIL 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 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 Oncor Electric Delivery Company By: A2 V Z� 6U (PI se Pr nt) Title: 7 (Please P ' t) Signature: Verizon Telephone Company By: (Please Print) Title: (Please Print) Signature: Charter Communications, Inc. By: (Please Print) Title: (Please Print) Signature: Atmos Energy By: (Please Print) Title: (Please Print) Signature: AT&T 1 Southwestern Bell Telephone Company By: (Please Print) Title: (Please Print) Signature: Tri-County Electric Compan By: (Please Print) Title: (Please Print) Signature: City of Southlake By: (Please Print) Title: (Please Print) 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-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 By: (Please Print) Title: (Please Print) Signature: Verizon Telephone Company By: (Please Print) Title: (Please Print) Signature: Charter Communications. Inc. By: Q..)ren7 (Please Print) Title: �t'CFIi'lG{ or (Pleases Please rint) Signature: Atmos Enerpv By: (Please Print) Title: (Please Print) Signature: AT&T 1 Southwestern Bell Telephone Company By: (Please Print) Title: (Please Print) Signature: Tri-County Electric Company By: (Please Print) Title: (Please Print) Signature: City of Southlake By: (Please Print) Title: Signature: (Please Print) 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 By: (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: Atmo- s E�Y By: (Please Print) Title: (Please Print) Signature: Z/! 644AIV 411,("Imir AT&T 1 Southwestern Bell Telephone Company By: (Please Print) Title: (Please Print) Signature: 4001zoeAriio, /'Vc, Tri-County Electric FemOeti4-_ By: ID, Za,&-94-04 (Please Print) Title: 110 ✓i &dW - (Please Print) Signature: rl��, s�'AM - City of Southlake By: (Please Print) Title: (Please Print) Signature: 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 By: (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 Energy By: Anibal Campos (Please Print) Title: Proiect Manager (Please Print) Signature: AT&T 1 Southwestern Bell Telephone Compan By: (Please Print) Title: (Please Print) Signature: Tri-County Electric Company By: (Please Print) Title: (Please Print) Signature: City of Southlake By: (Please Print) Title: (Please Print) 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 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 Oncor Electric Delivery Company By: (Please Print) Title: (Please Print) Signature: AT&T 1 Southwestern Bell Telephone Company By: (Please Print) Title: Signature: (Please Print) Verizon Telephone Company Tri-County Electric Company By: P 4- M � r s v w l v. ...... E By: (Please Print) (Please Print) Title: S' C .- M , Z _ Title: (Please Print)` (Please Print) Signature: f _---- Signature: Charter Communications, Inc. By: (Please Print) Title: (Please Print) Signature: Atmos Ener By: (Please Print) Title: (Please Print) Signature: City of Southlake By: (Please Print) Title: Signature: (Please Print) I 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 Oncor Electric Delivery Company By: (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 Eneo By: (Please Print) Title: (Please Print) Signature: AT&T 1 Southwestern Bell Telephone Comoan By: -fli/ C_ 1 // // / , (Please Print) /J n Title: /)y/✓ V . '/ f n ase Prin ) Si ature: Tri-County Electric Company( By: (Please Print) Title: (Please Print) Signature: City of Southlake By: (Please Print) Title: Signature: (Please Print)