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
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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.
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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
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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