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Item 4H - MemoCITY OF SOUTH LAKE MEMORANDUM (April 19, 2022) To: Shana Yelverton, City Manager From: Rob Cohen, Director of Public Works Item 4H Subject: Approve an Encroachment and Joint Use Agreement for a retaining wall within the utility easement being located at 701 Silver Spur Court. Action Requested: Approve an Encroachment and Joint Use Agreement for a retaining wall within the utility easement being located at 701 Silver Spur Court. Background Information: The property owner of 701 Silver Spur Court is requesting to construct a retaining wall within a utility easement located within 701 Silver Spur Court. There are no City utilities within this easement and all franchise utilities have approved the encroachment. The City does not have a need for the dedicated easement. The proposed retaining wall will cross through and then run the length of the utility easement, a total of 33-feet. This agreement will allow the developer to place a retaining wall along the northwest side of the property. This is a no cost agreement. Staff is requesting City Council to consider the proposed utility easement encroachment for the proposed improvements to the development at 701 Silver Spur Court. Financial Considerations: This is a no cost agreement. Strategic Link: This item links to the City's Strategy Map strategic focus areas are 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, CB03: Engage In Thoughtful Planning To Ensure Continued High Quality Development That Is Integrated Well Into The Current Built Environment. Citizen Input/ Board Review: None. Page 1 of 2 Item 4H Legal Review: The City Attorney has reviewed and approved the agreement. Alternatives: The City Council may approve or deny the agreement. Supporting Documents: Attachment A: Encroachment Agreement Documents Attachment B: Location Map Staff Recommendation: Approve an Encroachment and Joint Use Agreement for a retaining wall within the utility easement being located at 701 Silver Spur Court. Staff Contact: Rob Cohen, Director of Public Works Sandy Endy, P.E., Development Engineer Kevin Ferrer, P.E.,CFM, Deputy City Engineer Page 2 of 2 Attachment A INSTRUCTIONS FOR COMPLETING AN ENCROACHMENT AND JOINT USE AGREEMENT OF A PUBLIC EASEMENT 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 Easement Joint Use Agreement with an original signature, signed and notarized. Do not submit copies of signatures and notary acknowledgments. One copy of EXHIBIT NO. 1 that contains the precise metes and bounds description of the part of the easement 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 easement 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 encroachment 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 Public Easement Encroachment Permit Fee of $155. 8. This agreement will be circulated through the Public Works, Planning and Development and Building Inspection Departments within the City of Southlake. Please allow approximately seven to ten working days to complete the circulation process. 9. This agreement's final review and approval rests with the Director of Public Works. 10. After approval by the Director of Public Works, 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 0:\00-New N Drive\ADMINISTRATION-PW DEPT\Forms\Agreements\Joint Use and Encroachment Agreement - Public Easement-2022 Update.docx LJOJ APPLICATION FOR ENCROACHMENT AND JOINT USE AGREEMENT OF A PUBLIC DRAINAGE AND / OR UTILITY EASEMENT 3-3-2022 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 701 Silver Spur Ct., Southlake, TX 76092 and described by metes and bounds in Exhibit No. 1 of the attached agreement. The reason for the encroachment and use of the easement is as follows: Due to slope of property and design of the new home, a concrete wall was needed at the northwest part of the property plus a gravity stone wall between this property and 705 Silver Spur Ct. S"( 4 YA&AAA ri cW Printed Name of Prop y Owner l/Signature- ignaturre-/ e ofPropertyOwner 8101 Sutherland Ln Address Plano, TX 75025 City State Zip 5 ) 2- C'j6 -Cdo-?Y ' Telephone Fax Number Easement 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 easement, 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 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. M 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. 0:\00-New N Drive\ADMINISTRATION-PW DEPT\Forms\Agreements\Joint Use and Encroachment Agreement - Public Easement-2022 Update.docx 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 Agreement on this , 20 S1��A GALA � c- k6 Printed Name By: `/ / By: Applicant's Signature NOTE: Complete the attached acknowledgements. City of Southlake Mayor day of 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 , 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 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 OF OFFICE this the day of , 20 My Commission Expires: THE STATE OF TEXAS § COUNTY OF TARR-ANT § Notary Public in and 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 SA` VA, ` &A%Ati Cl� i , 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. GIVE �i4 240r, �' I , R MY HANpJ9kAt19 L O OFFICE this the -Z day of �-`-'-� 20 �> <. ;ice= Notary Public, State of Texas . .:cz Comm. Expires 05-13-2025 nFO„0111 Notary ID 133099494 My Commission Expires: 05 - I I - THE STATE OF TEXAS COUNTY OFTARRANT City of Southlake 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 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 public utility easement / drainage easement situated in Addition/Survey to the City of Southlake, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: 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. a LEGEND OF ABBREVIATIONS • P.R.D.C.T. PLAT RECORDS, DENTON COUNTY, TEXAS • DOC. # DOCUMENT NUMBER • C.M. CONTROLLING MONUMENT • ROW RIGHT OF WAY • RR SPIKE RAILROAD SPIKE NOTE: Bearings are based on the State Plane Coordinate System, Texas North Central Zone (4202) North American Datum of 1983 (NAD'83), with a combined scale factor of 1.00015063 30' 0 15' 30' 60' SCALE: I" = 30' SILVER SPUR COURT (50' R.O.W. PER CABINET U, SLIDE 153, P.R.D.C.T.) 1 \ \ 10' UTILITY EASEMENT \ CABINET U, SLIDE 153 \ \ P.R.D.C.L) L=3.69', R=50.00' 1/2" REBAR (C.M.) 4=004°13'40" � � � \ APOINT OF S71 °24'09"E-3.69' GINNING — — — \ 0.003 ACRES\ R( jSPIKE �L=67.29', R=50.00' 126 SQ. FTC S21 °01'21 "W A=07706'50" N20°42'32"E 26.02' 40' BUILDING LINE (CABINET U, SLIDE 153— N72°10'54"W P.R.D.C.T.) 10.01, 10' X 50' UTILITY EASEMENT (CABINET U, SLIDE 15 P.R.D.C.T.) / LOT 3, BLOCK 5 CLARIDEN RANCH, PHASE 1B / CABINET U SLIDE 153 P.R.D.C.T. Page 1 of 2 20.99' N675537E-62.33' �572°32'49E 6.44' S20°42'32"W / 5.02' / RETAINING WALL PROPOSED ENCROACHMENT INTO UTILITY EASEMENT e OlgRTon mnpg7 Gunuievinny 5200 State Highway 121 Colleyville, TX 76034 Phone:817-864-1957 info@bcsdfw.com TBPLS Firm #10194474 LOT 4, BLOCK 5 CLARIDEN RANCH, PHASE 113 CABINET U SLIDE 153 P.R.D.C.T. EXHIBIT" If ENCROACHMENT EXHIBIT 126 SQUARE FEET PART OF LOT 4, BLOCK 5 CLARIDEN RANCH, PHASE 1 B SOUTHLAKE, DENTON COUNTY, TEXAS DRAWN BY: BCS DATE: 03/23/2022 JOB NO.: 2020.012.017 Z. \Project Doto\Survey\012 — Horris Kocher Smith\2020\017 — 701 Silver Spur Ct\Drowings EXHIBIT If ENCROACHMENT EXHIBIT 126 SQUARE FEET PART OF LOT 4, BLOCK 5 CLARIDEN RANCH, PHASE 1 B SOUTHLAKE, DENTON COUNTY, TEXAS PROPERTY DESCRIPTION BEING part of Lot 4, Block 5, Clariden Ranch, Phase 1B, an addition in the City of Southlake, Denton County, Texas, according to the plat recorded in Cabinet U, Slide 153, Plat Records, Denton County, Texas, the subject tract being more particularly described as follows: BEGINNING at a railroad spike found at the northwest corner of said Lot 4, and the northwest corner of the tract described herein; THENCE along the arc of a curve, concave to the north, having a radius of 50.00 feet, a central angle of 04 degrees 13 minutes 40 seconds, and a chord bearing and distance of SOUTH 71 degrees 24 minutes 09 seconds EAST, 3.69 feet, an arc distance of 3.69 feet to a point from which a 1/2 inch rebar found at the point of curve in the north line of said Lot 4 bears 67.29 feet along said 50.00 foot radius curve, a chord bearing and distance of NORTH 67 degrees 55 minutes 37 seconds EAST, 62.33 feet; THENCE through the interior of said Lot 4, SOUTH 21 degrees 01 minute 21 seconds WEST, 20.99 feet; THENCE through the interior of said Lot 4, SOUTH 72 degrees 32 minutes 49 seconds EAST, a distance of 6.44 feet to the east line of a 10'x50' utility easement, dedicated by said plat; THENCE with the east line of said utility easement, SOUTH 20 degrees 42 minutes 32 seconds WEST, a distance of 5.02 feet; THENCE through the interior of said Lot 4, NORTH 72 degrees 10 minutes 54 seconds WEST, a distance of 10.01 feet to the west line of said Lot 4; THENCE with the west line of said Lot 4, NORTH 20 degrees 42 minutes 32 seconds EAST, a distance of 26.02 feet, returning to the POINT OF BEGINNING and enclosing 0.003 acres (126 square feet) of land, more or less. SURVEYOR'S CERTIFICATE This is to certify that I, John H. Barton III, a Registered Professional Land Surveyor of the State of Texas, have prepared this map from an actual survey on the ground, and that this map correctly represents that survey made by me or under my direction and supervision. Date of Plat/Map: March 23, 2022 OF T J Barton III, RPLS# 6737 � o ......................... OHN HOMER BARYON III ......................... 0 6737 �O ?? ' -SUR.I��0 S 049RTOn CHnPiq sunuEyrnn, 5200 State Highway 121 Colleyville, TX 76034 Phone:817-864-1957 info@bcsdfw.com TBPLS Firm #10194474 DIMENSIONAL DETAIL - 1"=5' Page 2 of 2 Z \Pmis t Data\S—y\012 — Hwds Kxhw 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. 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 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 Compan 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: SERVICE PROVIDER CONTACTS FOR EASEMENTS IN SOUTHLAKE Oncor Electric Delivery Budd Rodgers, Distribution ROW Agent 109 Crestwood Lane Springtown, TX 76082 Office: (817) 443-3434 Mobile: (432) 234-9052 Email: buddy.rodgers@oncor.com Tri-County Electric Cooperative, Inc. Lauren Baccus, Development Coor. 4900 Keller -Hicks Road Fort Worth, TX 76244 Office: (817) 752-8226 Fax: (817) 431-9680 AT&T/Southwestern Bell Verizon Telephone Eric Williams Joe Garza Manager Engineering Design Superintendent — Network Engineer 1460 Round Table Drive, Room 1000 Office: (972) 252-0770 Dallas, TX 75247 Cell: (325) 245-5102 Office: (214) 745-2964 Email: joe.garza@ftr.com Fax: (214) 745-8230 Charter Communications, INC Atmos Energy (Gas) Marla Collier, Charter Coordinator Greg Zylka, Project Manager Office: (817) 298-3615 2000 Reliance Pkwy Email: Marla.ColIier@charter.com Bedford, TX 76021 Office: (817) 685-1257 (ext. 1313) Fax: (817) 359-1338 Email: gregory.zylka@atmosenergy.com