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Easement / Rioht-of-Wav Joint Use Aareement
THE STATE OF TEXAS
COUNTY OF
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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
rv+.cr,:� cites /�sruuv-•+�r+ herein after referred to as "Applicant," to use an easement 1 right-of-way,
situated on or abutting LOT BLOCK , OF IN . .
THE CITY OF SOUTHLAKE, TEXAS, as described on the attached Exhibit No. 1, depicted graphically on the i
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 Via[-lti•.: ,,vQ��c .,.wn�,ru.�- .,s;, l r ��1
u� ��-�<�u:., P. tis•-,;; Q <�w. �� , and being subject to the foil owing.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.
IL.
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 orthird person occasioned
by its use of the easement 1 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 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 I 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.
NA00-New N DrivcIADMINISTRATION-PW DEPT1Porms\AgreementsVoint Use and Encroachment Agreement.doc
V
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 A r , h yet.;,. Lr eQ. - 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
�..,-�s •ti�� ;;��, a corporation, and that he executed same for.the purposes and consideration
therein expressed and in the capacity therein stated.
.+} . .
GIVE Y HAND AND SEAL OF OFFICE this the 3 i day of /o� , 20 I ��
aasA: b�e� t MONIKA KARIN 10EFFLER.
Notory Public, $t❑te of Texas r
_+;� My. Commission. Expires
;;,;;� March 25, 2pt B .. Notary Public in and for the SWe of Texas
My Commission Expires: 2 - A'S - t. .:
THE STATE OF TEXAS Individual Ackno►nAedgment
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 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
Notary Public in and for the State of Texas
My Commission Expires:
THE STATE OF TEXAS City of Southlake Acknowledament
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 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 Exnires
I
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APPLICATION FOR ENCROACHMENT AND JOINT USE AGREEMENT
OF A PUBLIC DRAINAGE AND I OR UTILITY EASEMENT OR RIGHT-OF-WAY
�w• C� � i ,]-� i `jam
Date of Su! mittal
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 I or utility eas ment or right-of-way situated on or abutting property located at
JM 111d1s6.. P•C - 4,,t.i;�,�,Irx iY. .. , anddescribedby 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:
40
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Printed N m P operty Owner Telephone
ture of - roperty Owner Fax Number
Address
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City State Zip
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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 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 COmpan
(Please P nt)
Title: ��� r,7' �J2
(Please Print)
r
Signature:
Verizon Telephone Company
By:
(Please Print)
Title:
(Please Print)
Signature:
Charter Communications, Inc.
By:
(Please Print)
Title:
(Please Print)
Signature:
AtmosAtmos Energy
By:
(Please Pant)
Title:
(Please Print)
Signature:
AT&T / Southwestern Bell Telephone Comnan
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 / 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
-Ornor Electric Deily an
By: _ -
(Please P&Q
Title:
(Please Prim
Signature:
Verizon TeleohonP Company
By: -S M1,
(Please Print)
Titre;
(Please Print)
fl
Signature.
Charter CoMmunications, Inc.
By.
(Please Print)
Title:
(Please Print)
Signature:
Atmo Energy
By:
(Please Prinq
Title:
(Please Print)
Signature:
/ SoMmegem Selle e o e Company
By:
(Please Print)
Title:
(Please Print)
Signature:
T-C nt glectric Company
By:
(Please Print)
Title:
(Please Print)
Signature:
City of_ ougt~hlake
By:
(Please Prinq
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 / 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: (Tim & , isr
(Please Print) II
Title: CO/VSTItla_cr ew
(Please Print
Signature:
Atmos Energy
By:
(Please Pont)
Title:
(Please Print)
Signature:
AT&T I 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 ! 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
OLIcor Electric De ve CoMi2any
AT&T 1 Southwestern Bell Telephone Company
By:
By:
(Please Print)
(Please Print)
Title:
Title
(PleasePdnQ
(Please Print)
Signature:
Signature:
Verizon Telephone Companv
Tri-Count! Electrlc Company
By.
By:
(Please Print)
(Please Print)
Title:
Title:
(Please Print)
(Please Print)
Signature:
Signature;
Charter Communications, Inc,
City of Southlske
By:
By:
(Please Print)
(Please PrinQ
Title:
Title:
(Please Print)
(Please Print)
Signature:
Signature:
t os Enerav
By:
(Please Prino
Title: L
(Please Print)
Signature:
, 1 r
EXHIBIT NO.3
The undersigned public utility companies, using or entitled to use, tinder 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 Compare
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:
(Please Print)
Title:
(Please Print)
Signature:
AT&T / Southwestern Bell Telephone Com an
By:
(Please Print)
Title:
lease Print
Sign re:
Tri-County
By:
Electric Company
(Please Print)
Title:
(Please Print)
Signature:
City of Southlake
By:
(Please Print)
Title:
(Please Print)
Signature:
,f 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 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
***Street Monument in Byron Nelson Parkway just. north of Continental Blvd.***
Oncor Electric Delivery Company
By,
(Please Print)
Title:
(Please Print)
Signature`:
Veriron Telephone Company
By:
(Please Print)
Title:
(Please Print)
Signature:
Charter Communications, Inc.
By:
(Please Print)
Title:
(Please Print)
Signature:
Atmos Ener
By:
(Please Print)
Title:
(Please Print)
Signature:
AT&T'I Southwestern_ Ball Telephone Comoan
By:
(Please Print)
Title:
(Please Print)
Signature:
Tri-County Electric Cooperative, Inc.
By: Scott D. BaumBach
(Please Print)
Title: Manager
(Please Print)
Signature
Date: February 18, 2015
City of Southlake,
By:
(Please Print)
Title:
(Please Print)
Signature:
EXHIBIT NO. 2
RIGHT -OF- WAY ENCROACHMENT JOINT USE EASEMENT
25 SQUARE FEET OF LAND SITUATED IN THE OBEDIAH W. SURVEY, ABSTRACT NO. 899,
CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND BEING A PORTION OF BYRON NELSON
PARKWAY AS DEDICATED BY THE PLAT OF TIMARRON ADDITION WYNDSOR CREEK AS
RECORDED IN CABINET A, SLIDE 1707A, PLAT RECORDS OF TARRANT COUNTY, TEXAS.
NOTE:
BEARINGS ARE BASED UPON THE PLAT RECORDED IN CABINET A,
SLIDE 1707A, PLAT RECORDS OF TARRANT COUNTY, TEXAS.
60 0 60
Scale, 1'
I 90' R.O.W.
I I
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ati� ^moo
i OBEDIAH W. KNIGHT SURVEY
ABSTRACT NO. 899
WYNDSOR CREEK
DRIVE
{CONT7"21RF.
LOT 1 LOTBLOCK 15 BLOC
TMARRONI AMMON I
WYN� CREEK I
CAB. A, 311DE 1707A
P.R. R C.T.
I\
TIAM"ON —
OWNERS ASSOCIATION INC.
VOL, 11827, PG. 1854
D.R.T C.T.
`N 89.23'53" W
42.5'
EASEMENT CONTINENTAL BOULEVARD
p'.'a�sreq F-f'
1 COY D. �LANDEs
" .........................
4-3-2015 ��'ROFess�°?eon
CO D. NDES DATE
R.P.L. . # 1886
LANDES At ASSOCIATES. INC.
REGISTERED PROFESSIONAL LAND SURVEYORS
nm c nasi xrnm ram Trawl, leas mm (1-7) W—ua- ru --im # 15007- E
EXHIBIT NO.1
Property Description
Right -of Way Encroachment Joint Use Easement
25 square feet of land situated in the Obediah W. Survey, Abstract No. 899, City of Southlake,
Tarrant County, Texas and being a portion of Bryon Nelson Parkway as dedicated by the plat of
Timarron Addition Wyndsor Creek as recorded in Cabinet A, Slide 1707A, Plat Records of
Tarrant County, Texas;
Said 25 square feet of land lying 2.5 feet parallel to and each side of the following described
centerline described by metes and bounds as follows:
COMNMNCING at a 5/8 inch capped iron rod found at the northwest comer of Lot 1, Block 15,
Timarron Addition, Wyndsor Creek, an addition to the City of Southlake, Tarrant County, Texas
according to the plat recorded in Cabinet A, Slide 1707A, Plat Records of Tarrant County,
Texas, said iron rod also lying in the south right-of-way line of Wyndsor Creek Drive;
THENCE S 28-47-16" W, 190.38 feet crossing Common Green 15, as shown on said plat, to the
east right-of-way line of Byron Nelson Parkway, a public street as shown on said plat;
THENCE N 89023'53" W, 42.5 feet crossing a portion of said street to the POINT OF
BEGINNING of said centerline;
THENCE continuing N 89123'53" W, 5.0 feet to the end of said centerline containing 25 square
feet of land.
See Exhibit No. 2 showing said easement by Coy D. Landes, R.P.L.S. No. 1886 dated April 3,
2015.
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