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Clariden Ranch, Phase 1B (Lot 4, Block 5) - Easement Joint Use Agreement ORIGINAL DOCUMENT --� CITY OF SOUTIILAKE Ii Council Action:6/N Ord./Res. No. Date Approved ID 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. - SMYA YALA-AA c,l-► 5')2 62/.G C 611)9 Printed Name of Prop Owner Telephone ' Signature of Property Owner Fax Number 8101 Sutherland Ln Address Plano,TX 75025 City State Zip 017 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 Satya Yalamanchi , herein after referred to as "Applicant," to use an easement, situated on or abutting LOT 4 , BLOCK 5 , OF Clariden Ranch, Phase 1 B 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 Retaining Walls 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. II. 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. III. 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. 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. 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 TESTI ONY WHE S_W,Applicant executes this Easement Agreement on this 1 1q , day of ,20 . S MI/ ( ALA )1 Mi C...kk-1 City of Southlake Printed Nam By: c\ritL By: — App icant's Signature yor `���011110iai NOTE: Complete the attached acknowledgements. Ate,:' T: _ o k % __ __ i s AMY 1:,E . _ .. CITY SEC P1�F�RMC N Y•'•••......•••'' ,$' 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 , 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 Notary Public in and for the State of Texas My Commission Expires: THE STATE OF TEXAS § Individual Acknowledgment COUNTY OF TARRANT 077 § BEFORE ME,the undersigned authority, a Notary Public in and for the State of Texas, on this day personally rh appeared SPA '/N 9 - ,A-At.A O ce4q. , 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. GIVEI,I I ,M 4i4Y FiguA L OF FFICE this the 51 day of 4y, M ,20.7-1— . :%' o�Notary Public,State of Texas ?fP.:=.;•= Comm.Expires 05-13-2025 '%nn;''' Notary ID 133099494 Notary Public in and for the State of Texas My Commission Expires: 05 • i 3 • Ze-TZ-S THE STATE OF TEXAS § City of Southlake Acknowledgment COUNTY OF TARRANT § BEFORE ME, t undersi ed authority, a Notary Public in and for the State of Texas, on this day personally appeared 0A y chollo, , known to me to be the person and officer whose name is sub cA ed to the Aregoing instrument and acknowledged to me that same was the act of said B F 3 /aowe,, a municipal corporation, and that he executed same for the purposes and consideration therein expressed and in the capacity therein stated. II GIVEN UNDER MY HAND AND SEAL OFFFICE this the /4i day of APt,/ ,20 Zz ,uu„ 11A46 ���pyp'''' VERONICA LOMAS2°;P" '`°<-Notary Public,Stateof TexasNotary Publnd for the State of Texas = •. y Comm. 6-272024 My Commission Expi�&9; . f � ''i,rrm���\ Notary 1b 129013128 EXHIBIT NO. 1 Being that portion of that certain public utility easement / drainage easement situated in Clariden Ranch, Phase 1B Addition/Survey to the City of Southlake, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: 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. 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. See separate attachment labeled Exhibit 2 (1EGEND 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 N NOTE: Bearings are based on the State Plane Coordinate System, Texas North Central Zone (4202) North American Datum of 30' 0 15' 30' 60' 1983(NAD'83),with a combined scale factor of 1.00015063 SCALE: 1"=30' i , / I f/ SILVER SPUR COURT — — i - - - J (50'R.O.W.PER CABINET U,SLIDE 153,P.R.D.C.T.) I -1 ( 1 \ \ 10' UTILITY EASEMENT CABINET U, SLIDE 153 \ \ P.R.D.C.T.) L=3.69',R=50.00' 1/2"REBAR (C.M.) — — _ 4=004°13'40" - \ \ POINT OF S71°24'09"E-3.69'BEGINNING 33 0.003 ACRESN RR SPIKE • _ \ (GAO - L=67.29; R=50.00' 126 SQ. FT i S21°O1'21"W A=0771)6'50" \ N20°42'32"E / 20.99' _ — N67'55'37"E-6233' 26.02' � S72 32 49'E 40' BUILDING LINE /• • 6.44 (CABINET U, SLIDE 15 N72°10'54"W i�• S20°42'32"W / P.R.D.C.T.) 10.01' 5.02' / 10' X 50' UTILITY EASEMENT 4/ " / (CABINET U, SLIDE 15 ,*et- y- P.R.D.C.T.) / � —/ — RETAINING WALL / / -ROPOSED ENCROACHMENT LOT 3,BLOCK 5 INTO UTILITY EASEMENT Q CLARIDEN RANCH,PHASE 1B / 0 CABINET U SLIDE 153 o P.R.D.C.T. N0 I LOT 4,BLOCK 5 o / CLARIDEN RANCH,PHASE 1B Cs* CABINET U SLIDE 153 -'a / P.R.D.C.T. zo ccz / / as / 6 g s m,, EXHIBIT " 2 " Lu0 ENCROACHMENT EXHIBIT a . ORRTDfl CHRPR 126 SQUARE FEET a SURUEYInE ic PART OF LOT 4, BLOCK 5 � 5200State Highway 121 CLARIDEN RANCH, PHASE 1B .= Colleyville,TX 76034 Phone:817-864-1957 SOUTHLAKE, DENTON COUNTY, TEXAS \.,.. . i LSFirm#fw.com101944 - Page 1 of 2 TBPLS Firm#10194474 DRAWN BY:BCS DATE:03/23/2022 JOB NO.:2020.012.017 Z:\Project Data\Survey\012 - Harris Kocher Smith\2020\017 - 701 Silver Spur Ct\Drawings EXHIBIT " 2 " \1 ENCROACHMENT EXHIBIT 126 SQUARE FEET PART OF LOT 4, BLOCK 5 0FRRT017 CHAPFI CLARIDEN RANCH, PHASE 1B SURUGY- IIIG SOUTHLAKE, DENTON COUNTY, TEXAS 5200 State Highway 121 Colleyville,TX 76034 Phone:817-864-1957 info@bcsdfw.com TBPLS Firm#10194474 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; q?. . 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 7 /0' and distance of SOUTH 71 degrees 24 minutes 09 seconds EAST,3.69 feet,an arc ?.p• 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. `III ti 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 b ,. survey on the ground,and that this map correctly represents that survey made by me or under my direction and supervision. ., Date of PI t/Map:March 23,2022 c OF114 .Barton III,RPLS#6737 ( o :'� DIMENSIONAL DETAIL"' 1 =5 4 OHN HOMER BARTON II► 1 •, ;-off 6737 P�,:� `�O'°ESS\0.' 0 / SUR`��- -.�yf� Page 2 of 2 Z\Project Oat,,\Survey\012—Hart.Kocher SMM\2020\017—701 Mr Spur Ct\oravNga 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. .- art; r ' .ram I Area filled in already 7 . e1 ,A n j l< 111-R;1,: �r if with matching stone `A,1zt3 c.4. . r, f F r� i 1 FINISH GRADE ALL CURLER(OR WMLLDIMUNNDSI EQUAL)FOR SLOPE PROTECTION AS RERED.MNOMOM SLOPE V. // REFER TO GRADING PLAN BY ERIC ERIC L DAMS ENGINEERING/jOf- MASONRY VENEER(OPION.) 'T MASONRY TIESAT 12.0 O WALL WITH MAST E.W. 'II i////// -- 1 FILTER DRAIN BACKFLLI FEE GEOTECHNICAL NI i\ ;- - - OR MATERIAL SPECIE! H LOSE(TOP BOTH SIDE J - ANO BOTTOM)FILTER ORV MIRAFI F2 BACKFILLMATERIAL WI NOEOSYMHETI (OR EOUAL). TER CHEDVEE AO y J,,, _.I I APPROXIMATE LINE OF PVC PIPE I. EXCAVATION SOEO AT r40. N CENTER > CORNER I - - ) 2 BARS AT UM SLOPE - O.C. - - 'FSETRATES MN IF PIPE 4'l► THROUGH YNTHETIC . INTO FILTER `k (_ILEYWAY '.'.a�'.- - - G L I.WRAP ENDr - PIPE WITH I 1 II I I_I= .- CORNER (SYNTHETIC m l - aARs -III WE TO DRAIN O IN BARS AT IT OC. AWING WALL. _I TOP.BOTTOM INOF OHIV. K /_ _ G�rvPLNi BY -LJ I I-I I I (MBARS Al IT O.C.1 MERINO _ ll I— CORNER BARS (END BELOW `OAT tYO APPLICABLE) B C PIERS BEYOND.LOCATION. A REINFORCEMENT.AND DEPTH PE; BEET 5.0(TYPICAL). Cross section of wall over Utility Easement 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 Delive Com cf AT&T/Southwestern Bell Telephone Company By: By: (Please Print) (Please Print) Title: Title: (P ase Print) (Please Print) Si ature: Signature: f(onjficr. -Verizoa Telephone Company Tri-County Electric Company By. 006 6 arzc By: (Please.Print) (Please Print) Title:5'Mre/'UIS i kO3 (t� ��.� 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: SERVICE PROVIDER CONTACTS FOR EASEMENTS IN SOUTHLAKE Oncor Electric Delivery Tri-County Electric Cooperative, Inc. Budd Rodgers, Distribution ROW Agent Lauren Baccus, Development Coor. 109 Crestwood Lane 4900 Keller-Hicks Road Springtown, TX 76082 Fort Worth, TX 76244 Office: (817) 443-3434 Office: (817) 752-8226 Mobile: (432) 234-9052 Fax: (817) 431-9680 Email: buddy.rodgers@oncor.com 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.Collier@charter.com Bedford, TX 76021 Office: (817) 685-1257 (ext. 1313) Fax: (817) 359-1338 Email: gregory.zylka@atmosenergy.com