Wyndsor Creek (Lot 1, Block 15) - ROWORIGINAL DOCUMENT
CITY OF SOUTH
Council A Y
� t)rd./Rea. No.
Date Approvodw,.
Easement I Right -of -Way Joint Use Agreement
THE STATE OF TEXAS
COUNTY OF wr"..%
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
herein after referred to as "Applicant," to use an easement / 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
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 lett: r.;
G A a v ° - Ce\ c z 4z-}�; j �- �� �+ • ) 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 / 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 Drive\ADMINISTRATION-PW DEPT\Forms\AgreementsUoint 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
day of , Wit-- 20 0'
n
City of Southlake
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By: By: —
Director of Pu lic Morks Applic4KFs Signature
NOTE: Complete the attached acknowledgements.
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LORI PAYNE, TR9=:i u :.
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CITYSECRETAR �'�-, °
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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 l r . h e06" G , 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
i, u,,,,,..,•; 4sj,. j,_ , a corporation, and that he executed same for the purposes and consideration
therein expressed and in the capacity therein stated.
GIVE QE.R MY HAND AND SEAL OF OFFICE this the 31
:'i*u: n�ey,
OP' MONIKA KARIN LOEFFLER
=_°•' `•� Notory Public, $tote of Texas
i
My Commission Expires
March 25, 2018
�inu,a•
My Commission Expires: 3 .1 S-
THE STATE OF TEXAS
COUNTY OF TARRANT
4-
day of /1•s •- , 20 1
Notary Public in and for the Affe of Texas
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 undersi ned authority, a Notary Public in and for the State of Texas, on this day personally
appeared MbGr•f ' lLPJ 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
con ' ion therein expressed and in the capacity therein stated.
GI R T8 S AL OFFF ICE this the Ilk day of 6..
202
.;Ic
State of Texas l�J
'••`• :` Comm. Exp. 02-28-2019
My Commission Expires: 2'27',�Ol9
Notary Public in and for the State of Texas
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,
Tan -ant 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:
COMMENCING at a 5/8 inch capped iron rod found at the northwest corner 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 8902353" 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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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.
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OBEDIAH W. KNIGHT SURVEY
ABSTRACT NO. 899
WYNDSOR CREEK
DRIVE
YOWIVERS
5/B' IRF.(CONTROLNON.)LOT 1 LOT 2
j BLOCK15 BLOCK 15TIMARRONADDITIONWYNDSOl� CREEKCAB. A, E 1707A
P.R. .C.T.B. MARRON ASSOCL4TION INC.
VOL. 11827, PG. 1854
D.R T.C.T.
N 89'23'53" W
5'x5' EASEMENT 42.5'
CONTINENTAL BOULEVARD
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R.P.L . # 1886
LUDES t ASSOGATES, INC.
REGISTERED PROFiMNAL LAND SURVEYORS
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BYRON NELSON PKWY. AT
SOUTHLAKE, TEXAS
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 Compan
By: Kl AM !1 Z, C�U u,4
(Please P 'nt)
Title: �i2 D1S� G 7 /&�
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41
Signature: S.
Verizon Telephone Company
By:
(Please Print)
Title:
(Please Print)
Signature:
Charter Communications, Inc.
By:
(Please Print)
Title:
(Please Print)
Signature:
Atmos Enercav
By:
(Please Print)
Title:
(Please Print)
Signature:
AT&T / Southwestern Bell Telephone Comnan
By:
City of Southlake
By:
(Please Print)
Title:
Signature:
(Please Print)
(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 / 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
Onc or Electric Delivery Company
By:
(Please Print)
Tide:
(Please Prim
Signature:
Verizon Telephone Company
r
By: v``j Ali. bt i-;; l _(-�. L,,
(Please Pring
Title:
(Please Print)
w
Signature.:—
Charter Communications, Inc.
By:
(Please
Title:
(Please Print)
Signature:
Atmos Energy
By:
(Please Prim
Tide:
(Please Print)
Signature:
AT&T / Soudwiestem Bell Telwhone Comoany
By:
(Please Priv*
Title:
(Please Print)
Signature:
Tri-CgMM Electric Company
By:
(Please Print]
Title:
(Please Print)
Signature:
City of Southlake
By:
(ase P"
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:
AT&T / Southwestern Bell Telephone Company
By:
(Please Print)
Title:
Signature:
(Please Print)
Verizon Telephone Company Tri -County Electric Company
By: By:
(Please Print) (Please Print)
Title: Title: j
(Please Print) (Please Print)
Signature: Signature:
Charter Communications, Inc.
By: OEM rgis C Q
/((Please Print)
Title: CO3V6I'KUa7 o
(Please Print
Signature:"
Atmos Energy
By:
(Please Print)
Title:
(Please Print)
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 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 E erg
By: �'b►�� ��
(Please PrinQ
Title: '00. k'
(Please Print)
Signature:
AT&T / 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:
(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:
(Please Print)
110174
(Please Print)
Signature:
Atmos Eneroy
By:
(Please Print)
Title:
(Please Print)
Signature:
AT&T / Southwestern Bell Telephone Company
By: 42:4 , ct/
(Please Print)
Title:
lease Print
Signa re: / 4(1511 5
Tri -County Electric Company
By:
(Please Print)
Title:
(Please Print)
Signature:
City of Southlake
By:
(Please Print)
Title:
(Please Print)
Signature:
+ e�;a'oxc-A
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
***Street Monument in Byron Nelson Parkway just north of Continental Blvd.***
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:
(Please Print)
Title:
(Please Print)
Signature:
AT&T / Southwestern Bell Telephone Company
By:
(Please Print)
Title:
(Please Prim`,
Signature:
Tri -County Electric Cooperative, Inc.
By. Scott D. BaumBach
(Please Print)
Title: Manager
(/Please Print)
44 Signature:.— 9 d1•
Date: February 18, 2015
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 / 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:
(Please Print)
Title:
(Please Print)
Signature:
AT&T / Southwestern Bell Telephone Company
By:
(Please Print)
Title:
(Please Print)
Signature:
Tri -County Electric Company
By:
(Please Print)
Title:
(Please Print)
Signature:
Citv of Southlake
By:
+n(P(Please Print)
v
Title: o_+or
Pleas("Print
Signature: - C
ATT��`11Lt'- V JZ
LORI PAYNE, TRM
CITY SECRETARY
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MARY LOUISE GARCIA
By:
COUNTY CLERK
CITY OF SOUTHLAKE
1400 MAIN ST
SOUTHLAKE, TX 76092
Submitter: CITY OF SOUTHLAKE
'ctiza.
100 West Weatherford Fort Worth, TX 76196-0401
PHONE (817) 884-1195
DO NOT DESTROY
WARNING - THIS IS PART OF THE OFFICIAL RECORD.
Filed For Registration: 5/6/2015 4:05 PM
Instrument #: D215094604
E
D215094604
14 PGS $64.00
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.
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 ea s ment or right-of-way situated on or abutting property located at
6L14r.A M-4— ?'c 4- 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:
Printed Name.%
operty Owner'
i
Sig ture oflroperty Owner
Address
City State Zip
Telephone
Fax Number
CITY OF invoice No: 60649
SOUTHLAKE INVOICE Print Date: 04/02/2015
1400 Main Street Page 1 of 1
Suite 250
Southlake, Texas 76092
Case/Permit Number: PWC15-011
Application Name: Easement/ R.O.W joint use agreement
Address:
Application Type: Planning / PW Construction / NA / NA
Amount
Fee Description Invoice Date Invoiced By Invoiced
ROW Encroachment Permit Fee 04/02/2015 OCHHETRI $250.00
Total Fees Invoiced: $250.00
Please remit payment in person or by mail to the "Building Inspections"
window in the main lobby of Southlake Town Hall (address listed at top). A
copy of this invoice should accompany any payment.
www.cityofsouthlake.com
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