Item 4J MemoCITY OF
SOUTH LAKE
MEMORANDUM
(February 1, 2022)
To: Shana Yelverton, City Manager
From: Rob Cohen, Director of Public Works
Item 4J
Subject: Approve an Encroachment and Joint Use Agreement for four
mailbox kiosks within the City right-of-way for the Metairie
development located at 100 Metairie Lane.
Action
Requested: Approve an Encroachment and Joint Use Agreement for four mailbox
kiosks within the City right-of-way for the Metairie development
located at 100 Metairie Lane.
Background
Information: Hawkins-Wellwood Homes is requesting to construct four mailbox
kiosks within the City right-of-way for the Metairie development
located at 100 Metairie Lane. There is an 8-inch City water main
within City right-of-way adjacent to the proposed mailbox kiosks. The
placement of the mailbox kiosks will allow for the minimum required
separation distance away from the 8-inch City water main.
The proposed mailbox kiosks will occupy approximately 11.25
square feet each of City right-of-way. This agreement will allow the
developer to place a mailbox kiosk within the landscape area
between the sidewalk and roadway adjacent to Lot 17 Block 1, Lot 1
Block 2, Lot 9 Block 3 and Lot 13X Block 4 within the Metairie
development.
Staff is requesting City Council to consider the proposed City right-
of-way encroachment for the proposed improvements to the Metairie
development at 100 Metairie Lane.
Financial
Considerations: This is a no cost agreement.
Strategic Link: This item links to the City's Strategy Map strategic focus areas of
Safety & Security and Partnership & Volunteerism. It specifically
relates to the City's Corporate Objective, Cl: Achieve The Highest
Standards of Safety & Security. The Critical Business Outcome is,
CB03: Engage In Thoughtful Planning To Ensure Continued High
Quality Development That Is Integrated Well Into The Current Built
Environment.
Page 1 of 2
Item 4J
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 four mailbox
kiosks within the City right-of-way for the Metairie development
located at 100 Metairie Lane.
Supporting
Documents: Attachment A: Encroachment Agreement Documents
Attachment B: Location Map
Staff
Contact: Rob Cohen, Director of Public Works
Sandy Endy, P.E., Development Engineer
Kevin Ferrer, P.E., Deputy City Engineer
Page 2 of 2
Attachment A
L01
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
8. 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
N:\00-New N Drive\ADMINISTRATION-PW DEPT\Forms\Agreements\Joint Use and Encroachment Agreement Right-of-Way.doc
L01
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
, herein after referred to as "Applicant," to use an 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
and being subject to the following conditions:
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.
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.
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.
N:\00-New N Drive\ADMINISTRATION-PW DEPT\Forms\Agreements\Joint Use and Encroachment Agreement Right-of-Way.doc
APPLICATION FOR ENCROACHMENT AND JOINT USE AGREEMENT
OF A RIGHT-OF-WAY
I�• 9. L021
Date of Submittat
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 between the sidewalk and the streets as 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:
community mailboxes for The Metairie subdivision to be placed within the right-of-way
�tK �7. -R&W �-i'K�
Printed Name of Property Owner
Sigridture of Property Owner
17480 Dallas Pkwy. Ste #217
Address
Dallas TX 75287
city State Zip
972-931-1006
Telephone
972-931-5156
Fax Number
Note: Only complete the appropriate acknowledgements
THE STATE OF TEXAS § Corporate Acknowledgment
COUNTY OF TARRANT §
BEFORE M, the undersigned authority, A Notary Public in and for the State of Texas, on this day personally
a appeared k,14.9 , known to me to be the person and officer whose name is
subscribed to the forego,}'� instrument and acknowledged to me that same was the act of said
AkC myt e �y Mg a corporation, and that he executed same for the purposes and consideration
I therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of NOV 20 xi —.
F°Prw JULIE HANRAHAN
NOTARY PUBLIC
STATE OF TEXAS
MY COMM. EXP. 08/30/25 Vary Public in and for the State of Texas
NOTARY ID 13122997.2
My Commission Expires: Q 9z rl
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
My Commission Expires:
day of , 20_
Notary Public in and for the State of Texas
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. dd�
IN TESTIMONY WHEREOF, Applicant executes this Right -of -Way Use Agreement on this "[ �%
day of November-, 20 21
�Q i City of Southlake
Printed Name
By: By-
A✓p icant's Signature
NOTE: Complete the attached acknowledgements.
Mayor
EXHIBIT NO. 1
Being that portion of that certain right-of-way situated in _
the City of Southlake, Tarrant County, Texas, and being
follows:
Addition/Survey to
more particularly described by metes and bounds as
Proposed Mailbox
Murphy Drive Location
Metairie at Southlake
Document Number D221095079
City of Southlake, Denton County
October 15, 2021
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Proposed Mailbox
Murphy Drive Location
Metairie at Southlake
Document Number D221095079
City of Southlake, Denton County
October 15, 2021
SITUATED in the State of Texas, County of Tarrant, City of Southlake, being in the right—of—way of
Murphy Drive of Metairie at Southlake, an addition to the City of Southlake as recorded in Document
Number D221095079 of the Tarrant County Land Records and being more particularly described my
metes and bounds as follows:
COMMENCING at the common northerly corner of Lot 1 and Lot 11, Block 2 of said addition, being in
the south right—of—way line of said Murphy Drive;
THENCE across the right—of—way of said Murphy Drive, North 44'57'15" West, 8.26 feet to the
southeast corner of the herein described premises and the POINT OF BEGINNING;
THENCE along the south line of said premises, South 75'15'29" West, 4.50 feet to its southwest corner;
THENCE along the west line of said premises, North 14'44'31" West, 2.50 feet to its northwest corner;
THENCE along the north line of said premises, North 75'15'29" East, 4.50 feet to its northeast corner;
THENCE along the east line of said premises, South 14' 44'31 " East, 2.50 feet to the place of
beginning and containing 11.25 square feet of land.
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Proposed Mailbox
Metairie Drive Location
Metairie at Southlake
Document Number D221095079
City of Southlake, Denton County
October 15, 2021
SITUATED in the State of Texas, County of Tarrant, City of Southlake, being in the right—of—way of
Murphy Drive of Metairie at Southlake, an addition to the City of Southlake as recorded in Document
Number D221095079 of the Tarrant County Land Records and being more particularly described my
metes and bounds as follows:
COMMENCING at the common easterly corner of Lot 9 and Lot 16X—R, Block 3 of said addition, being
in the west right—of—way line of said Metairie Lane;
THENCE across the right—of—way of said Metairie Lane, North 75'22'21" East, 7.41 feet to the
southwest corner of the herein described premises and the POINT OF BEGINNING;
THENCE along the west line of said premises, North 14'44'31" West, 4.50 feet to its northwest corner;
THENCE along the north line of said premises, North 75'15'29" East, 2.50 feet to its northeast corner;
THENCE along the east line of said premises, South 14'44'31" East, 4.50 feet to its southeast corner;
THENCE along the south line of said premises, South 75'15'29" West, 2.50 feet to the place of
beginning and containing 11.25 square feet of land.
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Proposed Mailbox
Wheeler Drive Location
Metairie at Southlake
Document Number D221095079
City of Southlake, Denton County o
October 15, 2021
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Wheeler Drive Location
Metairie at Southlake
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Document Number D221095079
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October 15, 2021
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SITUATED in the State of Texas, County of Tarrant, City of Southlake, being in the right—of—way of Murphy
Drive of Metairie at Southlake, an addition to the City of Southlake as recorded in Document Number
D221O95O79 of the Tarrant County Land Records and being more particularly described my metes and
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bounds as follows:
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COMMENCING at the common westerly corner of Lot 17 and Lot 18, Block 1 of said addition, being in the
south right—of—way line of said Wheeler Drive;
THENCE across the right—of—way of said Wheeler Drive, North 00'02'14" West, 8.90 feet to the southerly
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THENCE along the northwest line of said premises, North 33'52'02" East, 5.00 feet to its northerly corner;
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Proposed Mailbox
Cleary Court Location
Metairie at Southlake
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Document Number D221095079
City of Southlake, Denton County
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October 15, 2021
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SITUATED in the State of Texas, County of Tarrant, City of Southlake, being in the right—of—way of Murphy
Drive of Metairie at Southlake, an addition to the City of Southlake as recorded in Document Number
D221O95O79 of the Tarrant County Land Records and being more particularly described my metes and
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bounds as follows:
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COMMENCING at the most northeasterly corner of Lot 8, Block 4 of said addition, being in the east
right—of—way line of said Cleary Court;
THENCE across the right—of—way of said Cleary Court, North 26'58'21" West, 36.37 feet to the southerly
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corner of the herein described premises and the POINT OF BEGINNING;
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THENCE along the southwest line of said premises, North 42'29'44" West, 4.50 feet to its westerly corner;o
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THENCE along the northwest line of said premises, North 47'30'16" East 2.50 feet to its northerly corner;
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THENCE along the northeast line of said premises, South 42'29'44" East, 4.50 feet to its easterly corner;
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THENCE along the southeast line of said premises, South 47'30'16" West, 2.50 feet to the place of
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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.
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31
C-6.14 0
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.
REVISIONS:
SLATE ROOF ON
FELT ON DECKING
2X3 RAFTER
EXTENSIONS
METAL EDGE
1XB FASCIA
AT END OF EAVE
8009 WD TRIM
1X4 FIBER
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SLURRY BRICK
W
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1 1/2" = 1'-O"
L
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12 12
TP �10 10� SLATE ROOF
I/ BRICKY
TS
12 LEFT ELEVATION
)F
10 RIGHT ELEVATION
1/2" = 1'-O"
08 ROOF PLAN
1/2' = V-0"
11 REAR ELEVATION
12
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11 3/4• 11 3/4'
07 FLOOR PLAN
TYPE A (16 BOXES)
1/2" = T-0'
12 March, 2021
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NOTES:
1. CONCRETE TO BE 3000 PSI.
2. REINFORCING STEEL GRADE 60
AM
CHIL1:)RESS
ENGINEERING SERVICES
FOOTING
The seal appearing on this
document was authorized by
Tony H. Childress, P.E. #72029
on 3/31/21 (Record copy on file
OooEERING
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This document may not be changed
in any fashion without permission
from Tony H. Childress, P.E.
4#4 DOWELS.
CONCRETE PIER
6' BELOW GRADE.
W/ 3#5'S
REINFORCEMENT
1701 North Collins Blvd HAWKINS-WELWOOD HOMES
Suite 3000
Richardson, Texas75080 METAIRIE AT SOUTHLAKE GUARD STATION
Office: 214-051-6630 2205 WHEELER DRIVE SOUTHLAKE, TX
Fax: 214-451-6631
Inspections:214-451-6632 PLAN: MAILBOX
www.cesgiobal.com
DRAWN BY: IS
DATE: 3/31/21
DRAWING NO.
21-504875
SHEET S 1
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.
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2/18/2020
E
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r 31 C490.
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 Qompan AT&T / Southwestern Bell Telephone Company
By: / By: Eric Williams
lease rint) (Please Print)
g
Title: N.SVedf 4' � tie: Manager Engineering Design -AT&T
(Please t) � (Please Print)
rs
Signature: t, Signature:���
l �-
lrpn 4
Vefeen Telephone Com any
Sy t'.) cc
.....(Pla�se Praa:l
By. Marla Collier
(Please Print)
Title: Business Development Specialist
(Please Print)
Signature:
Atmos Energy
By:
'(Please Print)
Title: ��a�Ctr2aJs Su+O �V c7
(Please Print �'—
Signature:
Tri-County Electric Company
By: Brennan Sebastian
(Please Print)
Title: Director of Business Development and ROW
(Please Print)
Signature:
8rmn wo S4 sEia4v
City of Southlake
By:
(Please Print)
Title:
(Please Print)
Signature:
Attachment B
W. Dove Rd.
1
19 r%F
V
01*400 11 Is
J
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Mailbox Kiosk
Location