Item 4D MemoItem 4D
Page 1 of 2
M E M O R A N D U M
(November 5, 2019)
To: Shana Yelverton, City Manager
From: Rob Cohen, Director of Public Works
Subject: Approve an Encroachment and Joint Use Agreement for North
Carroll 114 Properties, LLC’s fire suppression system within
the City right of way of Lakewood Drive for the development
located at 750 North Carroll Avenue.
Action
Requested: Approve an Encroachment and Joint Use Agreement for North
Carroll 114 Properties, LLC’s fire suppression system within the
City right of way of Lakewood Drive for the development located at
750 North Carroll Avenue.
Background
Information: The North Carroll 114 Properties, LLC is requesting to install a fire
suppression system within the City right of way of Lakewood Drive
for the development at 750 North Carroll Avenue .
The proposed fire suppression system will occupy approximately
250 square feet of City right of way. This agreement will allow the
developer to tap into the nearest water line, located on the south
side of Lakewood Drive, and cross the right of way to their property.
The proposed plan will follow the approved Site Plan of ZA18-0028.
Staff is requesting Council to consider the proposed right of way
encroachment of Lakewood Drive for the proposed improvements
to the development at 750 North Carroll Avenue.
Financial
Considerations: This is a no cost agreement.
Strategic Link: This item links to the City’s Strategy Map strategic focus area of
Safety & Security and Partnership & Volunteerism. It specifically
relates to the City’s Corporate Objective, C1: Achieve The Highest
Standards of Safety & Security. The Critical Business Outcome is,
CBO3: Engage In Thoughtful Planning To Ensure Continued High
Quality Development That Is Integrated Well Into The Current Built
Environment.
Item 4D
Page 2 of 2
Citizen Input/
Board Review: None.
Legal
Review: The City Attorney has reviewed and approved the agreement.
Alternatives: The City Council may approve or deny the agreement.
Staff
Recommendation: Approve an Encroachment and Joint Use Agreement for North
Carroll 114 Properties, LLC’s fire suppression system within the
City right of way of Lakewood Drive for the development located at
750 North Carroll Avenue.
Supporting
Documents: Attachment A: Encroachment Agreement Documents
Attachment B: Location Map
Staff
Contact: Rob Cohen, Director of Public Works
Kyle D. Hogue, P.E., Deputy Director/City Engineer
Kevin Ferrer, P.E.,CFM, Civil Engineer
INSTRUCTIONS FOR COMPLETING AN ENCROACHMENT AND JOINT USE AGREEMENT
OF A RIGHT-OF-WAY
All forms shall be signed in ink only by a property owner, legal partner or corporate officer. An authorized agent of
the landowner must submit a Power of Attorney.
PLEASE SUBMIT ALL OF THE FOLLOWING REQUIRED DOCUMENTS:
1. One copy of the Application with an original signature.
2. One copy of the Right-of-Way Joint Use Agreement with an original signature, signed and notarized. Do not
submit copies of signatures and notary acknowledgments.
3. One copy of EXHIBIT NO. 1 that contains the precise metes and bounds description of the part of the right-of-
way to be used. This information is best provided by a registered land surveyor. Note that the City staff is
not authorized to prepare this information. Do not place drawings or plats on this exhibit.
4. One copy of EXHIBIT NO. 2 which shows in graphic form the nature of the encroachment with dimensions.
Please limit the area of usage of the right-of-way to only that needed to accommodate your needs. Plans or
drawings may be reduced, provided the final document is legible. City staff will make final decision on
legibility.
5. The Public Works Department may require an additional EXHIBIT NO. 2A which may include a detailed
drawing or cross sectional drawings of decks, signs, retaining walls, fences, driveways, piers, footings, etc. to
fully evaluate the extent of the right-of-way.
6. One copy of EXHIBIT NO. 3 with original signatures, signed by all agencies listed regardless of whether they
have utility equipment in the easement. This will need to be done before submitting to the City of Southlake.
7. After this agreement is filled out, you will need to return it to Public Works Department and pay:
• The ROW Encroachment Permit Fee of$250
$. This agreement will be circulated through the Planning and Development, Building Inspection and Public
Works Departments within the City of Southlake. Please allow approximately seven to ten working days to
complete the circulation process.
9. Then the agreement will be placed on a City Council Agenda for Council review and approval. Council
approval may take 3-4 weeks.
10. After approval by the City Council and necessary City departments, a copy of the signed agreement is
forwarded to the Building Permit Department for retention in any pending permit files, a copy is retained in the
Public Works Department and a copy is sent to the applicant for their records.
Submit these documents to:
City of Southlake
Department of Public Works
1400 Main Street, Suite 320
Southlake, TX 76092
NA00-New N DrivOADMIMSTRATION-PW DEPT'IPorms\Agrecmentsl,loint Use and Encroachment Agreement Right-of=Way doe
APPLICATION FOR ENCROACHMENT AND JOINT USE AGREEMENT
OF A RIGHT-OF-WAY
September 5, 2019
Date of Submittal
To the City of Southlake:
The undersigned hereby makes application to allow an encroachment and joint use of the right-of-way situated on
or abutting property located at 754 N. Carroll Avenue , and described by metes and
bounds in Exhibit No. 1 of the attached agreement.
The reason for the encroachment and use of the right-of-way is as follows:
Private fireline in road right of way because the existing public line is across street.
N. Carroll 114 Properties, LLC c/o Chris Lott 817-424-0888
Printed me of Property Owner Telephone
None
Signature of Property Owner Fax Number
756 N. Carroll Avenue
Address
Southlake TX 76092
City State Zip
Right-of-Way Joint Use Agreement
THE STATE OF TEXAS §
COUNTY OFTARRANT §
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
N. Carroll 114 Properties, LLC herein after referred to as"Applicant,"to use an right-of-way, situated on or
abutting LOT 15 , BLOCK , OF Lake Wood Acres 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 private fireline water line for connection to the existing
public water line on the south side of Lake Wood Drive and being subject to the following conditions:
I.
That the Applicant, his successors or assigns shall maintain in good condition all of the right-of-way 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 or third person occasioned
by its use of the 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 right-of-way 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 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 right-of-way 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 right-of-way necessitated by such
discontinuation of the 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.
N100-NewN Drive\ADMINISTRATION-PW DEP RForms\AgreementsVoint Use and Encroachment Agreement Right-or-Way.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 TESTI ON W EREOF, Applicant executes this Right-of-Way Use Agreement on this tP
day of � , 20 19
Chris Lott City of Southlake
Pri ed Name
By: By:
Applicant's Signature Mayor
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 Chris Loft , 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
N. Carroll 114 Properties LLC , a corporation, and that he executed same for the purposes and consideration
therein expressed and in the capacity therein stated.
D SEAL OF OFFICE this the (R� day of mlrf. 20 19
O1pPV P //
_Notary Public, State of Texas
�`�'•• 'i Comm. Expires 09-12-2020
iylp OFt\�.
� Notary ID 130777603
Notary Public in and for the State of Texas
My Commission Expires: GC- 2 -1r)OAO
THE STATE OF TEXAS § Individual 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 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 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 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. 1
Being that portion of that certain right-of-way situated in Lake Wood Acres Addition/Survey to
the City of Southlake, Tarrant County, Texas, and being more particularly described by metes and bounds as
follows:
COMMENCING at a 1/2-inch iron rod for the most southerly southeast corner of Lot 15, Lake Wood Acres, a map of
which is recorded in Volume 388-137, Page 33, of the Plat Records of Tarrant County, Texas;
THENCE, with the north right of way line of Lake Wood Drive, a 50 feet wide right of way roadway, same line being
the south property line of said Lot 15, Lake Wood Acres, south 88 degrees 34 minutes 44 seconds west, 89.50 feet
to the POINT OF BEGINNING,
THENCE, south 00 degrees 15 minutes 50 seconds west, 50.00 feet to a point in the south right of way line of said
Lake Wood Drive for the southeast corner of this tract;
THENCE, with the south right of way line of said Lake Wood Drive, south 88 degrees 34 minutes 44 seconds west,
5.00 feet to a point for the southwest corner of this tract;
THENCE, north 00 degrees 15 minutes 50 seconds east, 50.00 feet to a point in the said north right of way line of
Lake Wood Drive and south property line of said Lot 15, Lake Wood Acres, for the northwest corner of this tract;
THENCE, north 88 degrees 34 minutes 44 seconds east, 5.00 feet, with the north right of way line of Lake Wood
Drive, to the northeast corner of this tract and POINT OF BEGINNING, said area encompassing 250 square feet.
EXHIBIT NO. 2
The following is a drawing depicting the area or portion of the 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.
See attached Exhibit No. 2
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EXHIBIT NO. 2A
The following is a detail and /or cross section drawing of the improvement(s) in right-of-way to be subject to the
encroachment and joint use agreement in this application. (Included on Exhibit No. 2)
SERVICE PROVIDER CONTACTS FOR
EASEMENTS IN SOUTHLAKE
Oncor Electric Delivery Tri-County Electric Cooperative, Inc.
Randy Crelia Scott BaumBach, Manager
2001 N. Industrial 4900 Keller-Hicks Road
Bedford, TX 76021 Fort Worth, TX 76244
Office: (817) 858-2579 Office: (817) 431-1541
Fax: (817) 431-9680
Cell: (817) 980-7162
AT&T/Southwestern Bell Verizon Telephone
Eric Williams Paul Messenheimer
Manager Engineering Design 1132 Highway 407
1460 Round Table Drive, Room 1000 Lewisville, TX 75067
Dallas, TX 75247 Office: (972) 318-5186
Office: (214) 745-2964
Fax: (214) 745-8230 Steve Olinsky
Office: (972) 318—5274
Westlake Area:
Sabrina Deaguero
1116 Houston St., Room 1402
Fort Worth, TX 76102
Office: (817) 338-5008
Fax: (817) 338-6781
Charter Communications, INC Atmos Energy (Gas)
Brent Bascom, Construction Coordinator Anibal (Omar) Campos, Project Mgr.
15100 Trinity Blvd, Ste 500 2000 Reliance Pkwy
Fort Worth, TX 76155 Bedford, TX 76021
Office: (817) 298 —3605 Office: (817) 359-1313
Fax: (817) 359-1338
Jim Friske Anibal.campos@atmosenergy.com
Office: (817) 298-3632
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 requested in this Application for encroachment and
joint use of a public drainage and utility easement.
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 Comport Tri-Counly Electric Comoenv
By: By:
(Please Print) (Please Nall
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 Enerav
By: GEC�/ 2'�7C4:A
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Title: Pip
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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 right-of-way requested in this Application for encroachment and joint use of a 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 qompany
By: By:
(Please Print) (Please int)
Title: Title:
(Please Print) ( lea a rill)
i
Signature: Signature:
Charter Communications, Inc. City of Southlake
By: By:
(Please Print) (Please Print)
Title: Title:
(Please Print) (Please Print)
Signature: Signature:
Atmos Enerav
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 right-of-way requested in this Application for encroachment and joint use of a right-of-way.
Oncor Electric Delivery Comoanv AT&T/ Southwestern Bell Telephone Comoanv
By: By:
(Please Print) (Please Print)
Title: Title:
(Please Print) (Please Print)
Signature: Signature:
MCI Metro Access Services Tri-County Electric Company
By: ALAJv ARAJ<AKI By:
(Please Print) (Please Print)
NL/
Title: Oak '1d�1/111�� Title:
(Plea P ht) (Please Print)
Signature: U Signature:
Charter Communications, Inc. City of Southlake
By: By:
(Please Print) (Please Print)
Title: Title:
(Please Print) (Please Print)
Signature: Signature:
Atmos Enerov
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 right-of-way requested in this Application for encroachment and joint use of a right-of-way.
Oncor Electric Delivery
Company AT&T/Southwestern Bell Telephone Company
By: il?q l u UZE( t F1 By:
(Please Pri t) (Please Print)
Title: aE ;lisM 'C� Pe_uN-C13 t Title:
(Please P ) (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
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 right-of-way requested in this Application for encroachment and joint use of a 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. Marla Collier By
(Please Print) (Please Print)
Title: Business Development Specialist Title:
(Please Print) n - (Please Print)
Signature: ';)'� iPit Signature:
Atmos Energy
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 right-of-way requested in this Application for encroachment and joint use of a right-of-way.
Oncor Electric Delivery Company AT&T/Southwestern Bell Telephone Company
By: By: Fin dt in " ti to in�ti t
(Please Print) (Please Print) I
Title: Title: Ant)
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(Please Print) Please Print)
Signature: Signature: v..
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 Enem
By:
(Please Print)
Title:
(Please Print)
Signature:
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