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Stadium Southwest Addition (Lot 3R, Block 1) - Encorachment Agreement/ ORIGINAL DOCUMENT � CITY OF SOUTHLAKE ENCROACHMENT AGREEMENT Council Action: Part of Lot 3R, Block 1, Stadium Southwest Addition Ord'/Res' No. C.B. McDonald Survey, Abstract No. 1013 Date ApprovedC]- � City of Southlake, Tarrant County, Texas DESCRIPTION of a 600 square foot (0.014 acre) tract of land situated in the C.B. McDonald Survey, Abstract No. 1013, Tarrant County, Texas; said tract being part of Lot 3R, Block 1 Stadium Southwest, an addition to the City of Southlake, Texas according to the plat recorded in Instrument No. D215034291 of the Official Public Records of Tarrant County, Texas; said tract also being part of that tract of land described in General Warranty Deed to 925 South Kimball, LLC recorded in Instrument No. D214192068 of the said Official Public Records; said 600 square foot tract being more particularly described as follows(bearing system for this survey is based on the North American Datum of 1983, Texas State Plane Coordinate System, North Central Texas, Zone 4202; being the City of Southlake Geodetic Control Network utilizing a surface scale factor of 1.000155478.): COMMENCING, at a 1/2 -inch iron rod with "PACHECO KOCH" cap found in the north right-of- way line of South Kimball Avenue (a 94 -foot wide right-of-way); said point being the southeast corner of said Lot 3R and the southwest corner of Lot 1, Block 1, Carroll ISD No. 6 Addition, an addition to the City of Southlake, Texas recorded in Instrument No. D201019672 of the said Official Public Records; THENCE, North 00 degrees, 23 minutes, 47 seconds West, departing the said north line of South Kimball Avenue and along the east line of said Lot 3R and the west line of said Lot 1, a distance of 10.00 feet to a point in the north line of a 10' Water and Sanitary Sewer Easement as dedicated on the plat called Green Meadows Subdivision, an addition to the City of Southlake, Texas according to the plat recorded in Instrument No. D204095000 of said Official Public Records; said point also being the beginning of a non -tangent curve to the right; THENCE, departing the said east line of Lot 3R and the said west line of Lot 1, along the said north line of the 10' Water and Sanitary Sewer Easement and said curve to the right, having a central angle of 05 degrees, 01 minutes, 51 seconds, a radius of 743.00 feet, a chord bearing and distance of North 86 degrees, 36 minutes, 41 seconds West, 65.22 feet, an arc distance of 65.24 feet to The POINT OF BEGINNING; THENCE, South 05 degrees, 54 minutes, 14 seconds West, departing the said north line of the 10' Water and Sanitary Sewer Easement, a distance of 3.00 feet to a point for corner; said point being the beginning of a non -tangent curve to the right; THENCE, in a northwesterly direction along said curve to the right, having a central angle of 15 degrees, 23 minutes, 03 seconds, a radius of 746.00 feet, a chord bearing and distance of North 76 degrees, 24 minutes, 15 seconds West, 199.70 feet, an arc distance of 200.30 feet to a point at the end of said curve; THENCE, North 21 degrees, 17 minutes, 17 seconds East, a distance of 3.00 feet to a point for corner in the said north line of the 10' Water and Sanitary Sewer Easement; said point being the beginning of a non -tangent curve to the left; Sheet 1 of 4 ENCROACHMENT AGREEMENT (Continued) THENCE, in a northeasterly along said curve to the left and the said north line of the 10' Water and Sanitary Sewer Easement, having a central angle of 15 degrees, 23 minutes, 03 seconds, a radius of 743.00 feet, a chord bearing and distance of South 76 degrees, 24 minutes, 15 seconds East, 198.90 feet, an arc distance of 199.50 feet to the POINT OF BEGINNING; CONTAINING: 600 square feet or 0.014 acres of land, more or less. (A survey plat of even survey date herewith accompanies this description.) The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing description accurately sets out the metes and bounds of the easement tract described. OF .T � G�STEq O 1(P .... F KYLE COLEMAN HARRIS Kyle C eman Harris Date ` A 6266 Registered Professional Land Surveyor No. 6266 Pacheco Koch, LLC 7557 Rambler Rd., Suite 1400, Dallas, TX 75231 (972) 235-3031 TX Reg. Surveying Firm LS -10193805 EX2.docx 3488-13 396EX2.dwg cjg Sheet 2 of 4 \ Z5 0 20 40 80 GRAPHIC SCALE IN FEET LEGEND PROPERTY LINE ENCROACHMENT AGREEMENT LINE EXISTING EASEMENT P O UNE POINT OF COMMENCING POINT OF BEGINNING \ 0 POINT FOR CORNER \ \\ (UNLESS OTHERWISE NOTED) \ IRF - 1/2 -INCH IRON ROD WITH "PACHECO KOCH CAP FOUND 24' WIDE ACCESS, \ R \ �� \ (C.M.) -CONTROLLING MONUMENT AND UTILITY EASEMENT Q\ �' D• (INST. NO. D215034291) LOT 1, BLOCK 1 "Q ^C°' �� CARROLL ISD N0. 6 ADDITION �J�� Q�oQ�o°� �`ry (INST. NO. D201019672) ` LOT 3R, BLOCK 1 \ CARROLL INDEPENDENT STADIUM SOUTHWEST \ SCHOOL DISTRICT (INST. NO. D215034291) \ (VOL. 13014, PG. 540) 925 SOUTH KIMBALL, LLC (INST. NO. D21 41 9 2068) \9AAPo, l�9y \ + o u, 70. \ �iy '00 9 o SRWFRA�R \ `off No SeV,, A4,/r ENCROACHMENT \ 02040950 RY AGREEMENT �\ 600 SF (0.014 ACRES) VARIABLE WIDTH UTILITY EASEMENT IRF (C.M.) N�W�V4 L (INST. NO. 0215034291) / 095000)�t s C2 _ pv P.O.B. � T ti J A - 401 �' d=5'01'51" R=743.00 N 00'23'47" W F Q L=65.24' 10.00' (94, �v 44T= 32.6 4' w R•0 , CB=N 86.36'41" W A O• �• IRF CD=65.22' (C.M.) NOTES, The undersigned, Registered Professional Land Surveyor, hereby certifies that this plot of1. A metes and bounds description of even survey accurately sets out the metes and ��••0F• pF survey date herewith accompanies this plat bounds of the easement tract described. �P,.•G1s7p,q•• ly of survey. i KYLE COLEMAN HARRIS ..6266 .. v::.. Kyie oleman Harris Date q%•.Fss�,.�� n Registered Professional Land Surveyor No. 6266 3031 C 7557 RAMBLER ROAD, SUITE 1400 ° Pacheco Koc h TX R G. ENGINEERING FIRM S, TX 75231 972. F3-14439 TX REG. SURVEYING FIRM LS -10193805 DRAWN BY I CHECKED BY SCALE DATE JOB NU60ER 5 CJG KCH 1"=40' AUGUST 2015 3488-13.396 2. Bearing system for this survey is based on the North American Datum of 1983, Texas State Plane Coordinate System, North Central Texas, Zone 4202; being the City of Southlake Geodetic Control Network utilizing a surface scale factor of 1.000155478. ENCROACHMENT AOREEMENT PART OF LOT 3R, BLOCK 1. STADIUM SOUTHWEST ADDITION C.B. MCDONALD SURVEY, ABSTRACT NO. 1013 CiTY OF SOUTHLAKE, TARRANT COUNTY, TEXAS SHEET 3 OF 4 DWG FILE: 3488-13.396EX2.DWG CURVE TABLE CURVE DELTA RAD/US LENGTH TANGENT CHORDBEARING CHORD C1 15'23'03" 746.00' 200.30' 100.76' N 76'24'15" W 199.70' C2 15'23'03" 743.00' 199.50' 100.35' S 76'24'15" E 198.90' L/A/E TABLE LINE BEAR/NG LENGTH L1 S 05'54'14" W 3.00' L2 N 21'17'17" E 3.00' 7557 RAMBLER ROAD. SUITE TX REGL a 1400 Pacheco Koch —14439 Tx REG. SURVEYING FIRM LS -10193805 DRA*w BY I CAECKEo BY SCALEDATE JOB maeER 3 CJG KCH NONE AUGUST 2015 3488-13.396 1. A metes and bounds description of even survey date herewith accompanies this plat of survey. 2. Bearing system for this survey is based on the North American Datum of 1983, Texas State Plane Coordinate System, North Central Texas, Zone 4202; being the City of Southlake Geodetic Control Network utilizing a surface scale factor of 1.000155478. ENCROACHMENT AGREEMENT PART OF LOT 3R, BLOCK 1, STADUIM SOUTHWEST ADDITION C.B. MCDONALD SURVEY, ABSTRACT NO. 1013 CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS SHEET 4 OF 4 3488-13.396 LOT 3R, BLOCK 1 KIMBALL BUSINESS CENTER ENCROACHMENT AGREEMENT North: 7024138.17' Segment #1 . Line Course: S5°54'14"w North: 7024135.19' Segment #2 . Curve EX2.txt East: 2394306.56' Length: 3.00' East: 2394306.25' Length: 200.30' Radius: 746.00' Delta: 15°23'03" Tangent: 100.76' Chord: 199.70' Course: N76°24'15"w Course In: N5°54'14"E Course out: S21°17'17"w RP North: 7024877.23' East: 2394382.99' End North: 7024182.13' East: 2394112.15' Segment #3 . Line Course: N21°17'17"E Length: 3.00' North: 7024184.93' East: 2394113.24' Segment #4 . Curve Length: 199.50' Radius: 743.00' Delta: 15°23'03" Tangent: 100.35' Chord: 198.90' Course: S76°24'15"E Course In: N21°17'17"E Course out: S5°54'14"w RP North: 7024877.23' East: 2394382.99' End North: 7024138.17' East: 2394306.56' Perimeter: 405.80' Area: 600 Sq. Ft. or 0.0137741046831956 Acres Error Closure: 0.00 Course: S76°22'05"E Error North: -0.001 East: 0.003 Precision 1: 404600000.00 Page 1 EXHIBIT NO. 2 The following is a drawing depicting the area or portion of the easement 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. ITC 615.99 G 615.49 615.50 \ ELv613.80 571 PROP. CONTOUR 86, ri c�� cn 0 LF R fTA�Iy�N H PROPOSE\ \ Sl�EwgC{( k/48'4t F @u tj EU NESS . 677 q 3S EL 613.80 EL 16.44 TC 616.17 616 G 615.67 EL 616.06 16" ELM 6 TW 615.80 tS \3 6 EL 613.80 EL 615.62 EXPOSE 6� CURB EL 613.80 EL 613.80 I 1� LO TW 615.80 EL 615.80 �N rn�M F13 4 0 15 30 GRAPHIC SCALE IN FEET I� E=- cz�; r-==- r -_j � � ••'qs,o 571 PROP. CONTOUR //*�: ;•*�® EL 614.50 PROP. SPOT ELEV ............................... IJAVIER D. JARAMILLO/ � ............. .............��� 91007 TW 614.50 PROP TOP OF WALL 00 �/ EL 610 PROPOSED GROUND �10'c%4�00 BOTTOM OF WALL SIONALE�� DRAINAGE FLOW .. •+ PROP. SWALE THE SEAL APPEARING ON THIS DOCUMENT WAS .4 ON. PROP. GRADE BREAK AUTHORIZED BY JAVIER D. JARAMILLO, P.E. 91007 ON 08/06/2015. ALTERATION OF A SEALED DOCUMENT PROP. RETAINING WALL WITHOUT PROPER NOTIFICATION TO THE RESPONSIBLE ENGINEER IS AN OFFENSE UNDER THE TEXAS EXHIBIT NO. 2 ENGINEERING PRACTICE ACT. 8350 N. CENTRAL EXPWY. SUITE 1000 Pacheco Koch DALLAS, TX 75206 972.235.3031 KIMBALL BUSINESS CENTER TX REG. ENGINEERING FIRM F-14439 925 S. KIMBALL AVE. TX REG. SURVEYING FIRM LS-101938-05 LOCATED IN THE CITY OF SOUTHLAKE, TEXAS DRAWN BY CHECKED BY SCALE DATE JOB NUMBER TARRANT COUNTY, TEXAS KCM JDJ I 1"=30' 08/06/2015 3488-13.396 PAGE 1 OF 1 EXHIBIT NO. 2A The following is a detail and / or cross section drawing of the improvement(s) in the utility easement / drainage easement to be subject to the encroachment and joint use agreement in this application. TYPICAL RETAINING WALL ENCROACHMENT SECTION NTS THE SEAL APPEARING ON THIS DOCUMENT WAS AUTHORIZED BY JAVIER D. JARAMILLO, P.E. 91007 ON 08/06/2015. ALTERATION OF A SEALED DOCUMENT WITHOUT PROPER NOTIFICATION TO THE RESPONSIBLE ENGINEER IS AN OFFENSE UNDER THE TEXAS ENGINEERING PRACTICE ACT. 8350 N. CENTRAL EXPWY. SUITE 1000 Pacheco Koch DALLAS, TX 75206 972.235.303131 TX REG. ENGINEERING FIRM F-14439 TX REG. SURVEYING FIRM LS -101938-05 DRAWN BY CHECKED BY SCALE DATE JOB NUMBER BER JDJ N.T.S 08/06/2015 3488-13.396 EXHIBIT NO. 2A KIMBALL BUSINESS CENTER 925 S. KIMBALL AVE. LOCATED IN THE CITY OF SOUTHLAKE, TEXAS TARRANT COUNTY, TEXAS PAGE 2 OF 2 10.0' WATER & SANITARY SEWER KIMBALL AVENUE EASEMENT (94' ROW) 3.5' 3. 0' ENCROACHMENT WIDTH 1 8.5't 3.0'f EXISTING EXISTING M 2.0� SIDEWALK STREET EXISTING IMAX VARIES PAVEMENT PARKING PROPOSED EXPOSE RETAINING _ 6" OF WALL CONCRETE I CURB TYPICAL RETAINING WALL ENCROACHMENT SECTION NTS THE SEAL APPEARING ON THIS DOCUMENT WAS AUTHORIZED BY JAVIER D. JARAMILLO, P.E. 91007 ON 08/06/2015. ALTERATION OF A SEALED DOCUMENT WITHOUT PROPER NOTIFICATION TO THE RESPONSIBLE ENGINEER IS AN OFFENSE UNDER THE TEXAS ENGINEERING PRACTICE ACT. 8350 N. CENTRAL EXPWY. SUITE 1000 Pacheco Koch DALLAS, TX 75206 972.235.303131 TX REG. ENGINEERING FIRM F-14439 TX REG. SURVEYING FIRM LS -101938-05 DRAWN BY CHECKED BY SCALE DATE JOB NUMBER BER JDJ N.T.S 08/06/2015 3488-13.396 EXHIBIT NO. 2A KIMBALL BUSINESS CENTER 925 S. KIMBALL AVE. LOCATED IN THE CITY OF SOUTHLAKE, TEXAS TARRANT COUNTY, TEXAS PAGE 2 OF 2 0 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 WHERWF, Applicant executes this Easement Agreement on this /8 day of , 20 ci City of Southlake 6AV-1 /-/. Pd w Printed Name Pri d Name 44 By: Applicant's Signature Director of—Public Works NOTE: Complete the attached acknowledgements. Note: Only complete the appropriate acknowledgements THE STATE OF TEXAS § COUNTY OF TARRANT § Coraorate Acknowledgment BEFORE ME, the undersigned authority, A Notary Public in and for the State of Texas, on this day personally appeared �)nd,re%-; 6ect4yjr '1 , 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 qP5 ,LL --L- , a corporation, and that he executed same for the purposes and consideration therein expressed and in the capacity therein stated. GIVE I F OFFICE this the v �oc►p , Larah Dene Tate • a My Commission Expires ........... .P 04roW016 My Commission Expires: 4- 5 — I (* THE STATE OF TEXAS § COUNTY OF TARRANT § day of ust , 20 1 S Notary Pu is in a for the State 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 Acknowledament BEFORE ME, the undersigned hority, a Notary Public in and for the State of Texas, on this day personally appeared �o lo�✓f /.! .r i Ct_ , 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 e.A , 4 S+ &*/J4 a municipal corporation, and that he executed same for the purposes and consgeration therein expressed and in the capacity therein stated. 44 GIVE AL OFFFICE this the /8 day of ✓ us 20 / S PY P '• :oP,.,.,�a�•. VALERIE POTTER NOTARY PUBLIC / •�1// .�••.. ,•P: State of Texas '• E F.� +` Comm. Exp. 02-28-2019 Notary Public in and for the State of Texas My Commission Expires: ' \5 APPLICATION FOR ENCROACHMENT AND JOINT USE AGREEMENT OF A PUBLIC DRAINAGE AND / OR UTILITY EASEMENT 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 situated on or abutting property located at 012 3 ;F Kim A444 4w. 1cJf and described by metes and bounds in Exhibit No. 1 of the attached agreement. �?'X FG092 The reason for the encroachment and use of the easement is as follows: 10r.4/Ae/Me W.444 %REarvcvc1F,0 Ta A41W10"1zC q,7-5 50-7# kl ," A41,G Printed Name of Property OwnerI-Sl ignature of Property O 4-33 'J'- • 1,45 Co c,VRs $J; Vo. Address 5; V !TE I J Op �L RV(Al G `1rK 7 5o3q City State Zip 21ola37- 4,400 Telephone 2N Fax Number 151 Easement Joint Use Agreement THE STATE OF TEXAS § COUNTY OF T,�QQ5.' § 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 qA3 $eVTN KIPOSAcc, I'Lc herein after referred to as "Applicant," to use an easement, situated on or abutting LOT_3it BLOCK / , OF /ric�n/A60 Sv�evC,�_ 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 T/vST14L�Lr9-T�otJ OF & 4C0TA,mfAvC wA<< 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 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; (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 necessitated by such discontinuation of the easement, shall be borne by the Applicant. "V 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. M00 -New N Drive\ADMMSTRATION-PW DEPT\Forms\Agreements\Joint Use and Encroachment Agreement - Public Easement.doc EXHIBIT NO. 1 Being thatortion of that certain public utility easement / drainage easement situated in !' . &va4D Addition/Survey to the City of Southlake, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: EXHIBIT NO. 1 Being that portion of that certain public utility easement / drainage easement situated in The C.B. McDonald Addition/Survey to the City of Southlake, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: MARY LOUISE GARCIA .•,..•»«».,• COUNTY CLERK"s 100 West Weatherford Fort Worth, TX 76196-0401 '; • r •ter ''�•••• PHONE (817) 884-1195 BLAKE WILLIAMS 1400 MAIN STREET STE 320 SOUTHLAKE, TX 76092 Submitter: CITY OF SOUTHLAKE DO NOT DESTROY WARNING - THIS IS PART OF THE OFFICIAL RECORD. Filed For Registration: 8/21/2015 2:20 PM Instrument #: D215188896 A 16 PGS $72.00 By: � le ah 4.E.r..0 D215188896 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.