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Item 4I - MemoItem 4I Page 1 of 2 M E M O R A N D U M (February 7, 2023) To: Shana Yelverton, City Manager From: Rob Cohen, Director of Public Works Subject: Approve an Encroachment and Joint Use Agreement for a wood fence within the drainage easement being located at 804 Jamestown Lane. Action Requested: Approve an Encroachment and Joint Use Agreement for a wood fence within the drainage easement being located at 804 Jamestown Lane. Background Information: The Developer of 804 Jamestown Lane is requesting to construct a wood fence within a drainage easement located along the rear of the property. There are no City utilities within this easement. The proposed wood fence will cross through the drainage easement on both the east and west sides of the property. This agreement will allow the developer to place a wood fence along the east and west sides of the property. The drainage easement was dedicated to allow for cross lot drainage. As determined by Hamilton Duffy, a civil engineering company, the proposed wood fence will not impede the drainage flow. Staff is requesting City Council to consider the proposed drainage easement encroachment for the proposed improvements to the development at 804 Jamestown Lane. Financial Considerations: This is a no cost agreement. Strategic Link: This item links to the City’s Strategy Map strategic focus areas are Partnership & Volunteerism. It specifically relates to 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. Citizen Input/ Board Review: None. Legal Item 4H Page 2 of 2 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 wood fence within the drainage easement being located at 804 Jamestown Lane. Staff Contact: Rob Cohen, Director of Public Works Sandy Endy, P.E., CFM, Development Engineer Kevin Ferrer, P.E.,CFM, City Engineer APPLICATION FOR ENCROACHMENT AND JOINT USE AGREEMENT OF A PUBLIC DRAINAGE AND / OR UTILITY EASEMENT ______________________ 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 ______________________________________, 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: __________________________________________________________________________________________ ____________________________________ __________________________ Printed Name of Property Owner Telephone ____________________________________ __________________________ Signature of Property Owner Fax Number ____________________________________ Address ____________________________________ City State Zip 804 Jamestown Ln, Southlake, 76092 MOHAN R PAMERLA 9175626111 804 Jamestown ln 76092TXSouthlake For building 8 foot wood fence and 6 foot iron fence 1/11/2023 Lo Easement Joint Use Agreement THE STATE OFTEXAS § COUNTY OF Be it known, that the City of Southlake, herein after referred to as "City," and its franchised Utility Companies, Wrein --referred to as "Utilities," do consent and agree to permit the following Ct� D i1e, herein after referred to as "Applicant," to use an easement, situated on or abutting LOT BLOCK_, OF xy� 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 ofC.._k. ✓- 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. 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\AgreenientsUoint Use and Encroachment Agreement - Public Easement-2022 Update.doex 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 day of r 20,2�5. Ni ko e, ted Nam By Applicant's Signature NOTE: Complete the attached acknowledgements. By: City of Southlake Mayor IMWLTONDUFFY, EC. Civil & Environmental Ennineers • Planners • Construction Manners Texas Reg. No. F-5260 January 19, 2023 Sandy Endy, P.E. City of Southlake 1400 Main Street Suite 320 Southlake, TX 76092 RE: Drainage Verification in support of Encroachment Agreement for 804 Jamestown Lane Lot 8, Block 1— Southlake Manor Phase 3 Southlake, Texas Dear Sandy: We write this letter per the request of Mr. Chris Gruensfelder. He is the contractor for the owner of the property listed above. The owner wishes to build a combination 8' wood and 6' iron fence along the rear perimeter of the lot. The proposed fence must cross an existing 40' drainage easement along the rear of the lot. Owner has filled out an application for encroachment into this easement with the proposed fence. We understand that this agreement will go before City Council for its approval. We have prepared the following statement in support of the agreement as follows: 1) Engineering Record Drawings show that the general intent of this easement is for stormwater to run along the rear property lines in a west to east manner of the lots west of this property. It appears that the water then drains slightly north and then enters a drop inlet at the north of this property. The need for the water to move within the 40' easement along the rear of this lot is really not needed as the water from the upstream lots never enters this property. The proposed fences can be constructed and will not impede the flow of water within this easement as there will be no offsite water traveling in said easement. It is our conclusion that the proposed fences will have no bearing on the function of the existing 40' drainage easement as the easement itself is really not needed for this lot. The construction of the proposed fences will have no impact on the function of the existing 40' drainage easement and should be allowed in our opinion. As a consulting engineer with many years experience in residential development, we verify that this property and surrounding properties should riot be imp ted in an adverse way in regard to drainage due to the construction of the proposed fences. If u questions or require further information, please contact my office. a i1i_ Sincerely, HAMILTON DUFFY, P.C. ......! I M. HAMILTON ...................... 87384 Keith Hamilton, P.E. '11l �' ,N&�s'F !�� two ` , � xc: Chris Gruensfelder, Lambert's Ornamental Iron 0 8241 Mid -Cities Blvd., #100 North Richland Hills, TX 76182 (817) 268-0408 www.hamiltonduffy.com N 8IF02'15' W 110.00' N 89'02'15' W 110.00' _ 40' DRAINAGE I 40' DRAINAGE EASEMENT EASEMENT 40 Be of I ,f RETAINING WALL TW 628.00 FG 823.55 TBI LOT 7 9 ` LOT 8 30.703 SF LL f TBI LOT 8 ,. f LOT 7 30,710 S.F. . 3 . s rorm ffi/i N N = WWmff—I8 ON.00 08,088 — 606 3 f m d eX �LL 25' SB TW 628.75 g FG 526-D5 FF 627.2 FP 528.5 i r T DRAINAGE , EASEMENT I�\ , 40' SB I ` :I ryu N TBI oLOT 8 28,7711 SF °1Ey,4j � oc x_ ova 2W SO 10' U.E. FG 625.90 12 _ _ N 89'04'10' W iiom' FG 820.15 JAMESTCIN LANE WD. R.O.W.)--M� 111 SLAB AREA = 5,009 S.F. 1 LOT AREA — 30,703 S.F. WALK AREA 291 S.F. SLAB AREA 5,009 S.F. PARKWAY AREA — 1,135 S.F. SLAB COVERAGE — 16.3% © APPROACH AREA = 120 S.F. FRONT YARD AREA = 3,654 S.F. ✓f CITY WALK AREA 440 S.F. CONCRETE AREA 1,426 S.F. SOD AREA 24,268 S.F. CONCRETE COVERAGE 39.0% Know what's below. Call before you dig. YY FIRE HYDRANT �( LIGHT POLE D< WATER VALVE ® WATER METER . ® GAS METER ® GAS VALVE ® RISER 0 IRRIGATION CONTROL/VALVE PLOT PLAN CONCRETE 804 JAMESTOWN LANE IRON FENCE LOT B. BLOCK 1, SOUTHLAKE MANOR, PHASE 3 BEING A REVISION OF LOT 7 R.P. ESTES WOOD FENCE SUBDIVISION IN THE T. MANN SURVEY, ABSTRACT NO. 1107 J.B. MARTIN SURVEY, 9 DRAIN ABSTRACT NO. 1134, CITY OF SOUTHLAKE TARRANT COUNTY, TEXAS ACCORDING TO THE IL TELEPHONE PEDESTAL PLAT THEREOF RECORDED AS INSTRUMENT NUMBER D220092078, PLAT RECORDS, O CLEANOUT TARRANT COUNTY, TEXAS ® MAILBOX TIB LOT No. 0007 BOX GRAPHIC SCALE ® STORMIMANHOLE ESE CONSULTANTS 30 0 15 30 @ SANITARY MANHOLE KMaNpWNG < PLANNING ` SURYEYIN9 • I<NVIRONM11MTAL ® TRANSFORMER PAD 2557 SW Gmpevine Pkwy. Sub 100 STONE RETAINING WALL GrepeVm TX 76051 T: (817) $29-6TTO TBPELS FlO No. 10194237 ( IN FEET) PAD'ES9'0I/A, DESM mrw Wa 18 00I085 1 inch = 30 ft. DESIGNED: DRAWN: SRB CHECKED: PEM SCALE: 1" = 30' DATE: 25 JUNE 2021 DWG.: 8050-LOT 007-PP ADDR. TRA.—SE N BARE M* 18 EOx snN N BAR a 9- O.C. N c ALO 0 E- SCHON) N L-BARS FWf[ o a I O D.C.\ "— A TO DETAIL) AS SHOWN w FaRBEPPNN ND O.C.E.W. ADDITIONAL TRAN—EE N BAR a e• o.c SMDOM EPO Y p BARS o 18' oC.E.W. DOMELED DONsr JD ExsNo I.- r NT I 'ALOONG SAM sat0a) V' 5 Ec, m^ume L ' I JDNT .cs'm DOg1FZBMC.ST. AIDNi / N (D LONG 9' INTO E%. ) \ SPANNING -FLUME SIDEWALK DETAIL M IM T�NC.E AND BINS TRADI: 5j' 3,800 PST CONC. PAVEMENT M /.l BARS O 18' D.GE.W. ON SUB -BASE COMPACTED TO B5.S STD. PROCTOR DENSITY. CONSI \ PUBLJC SIDEWALK: RETAIN \\ ® 4' S' O. PSI O.C.E.W. .NC. PAVEMENT OM A 8ms ..D TO (DESIC O 18' 0PSI . ON SUBBASE COMPACTED TO III SM. PROCTOR DENSITY. 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