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Item 4E - MemoItem 4E Page 1 of 2 M E M O R A N D U M (February 21, 2023) To: Shana Yelverton, City Manager From: Rob Cohen, Director of Public Works Subject: Approve an Encroachment and Joint Use Agreement for a masonry entry feature within the utility easement being located at 100 River Oaks Drive. Action Requested: Approve an Encroachment and Joint Use Agreement for a masonry entry feature within the utility easement being located at 100 River Oaks Drive. Background Information: The Developer of 100 River Oaks Drive is required to construct a masonry entry feature matching the existing entry feature on the opposite side of River Oaks Drive. This agreement will allow the developer to place a masonry structure for the entry feature of Stonebridge Park along the east side of the property. There is an eight-inch water line within this easement. The masonry structure will provide the necessary separation distance from the water line. 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 100 River Oaks Drive. 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, 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 masonry entry feature within the utility easement being located at 100 River Oaks Drive. Staff Contact: Rob Cohen, Director of Public Works Sandy Endy, P.E., CFM, Development Engineer Kevin Ferrer, P.E.,CFM, City Engineer O:\00-New N Drive\ADMINISTRATION-PW DEPT\Forms\Agreements\Joint Use and Encroachment Agreement - Public Easement-2022 Update.docx 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. 3. 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 APPLICATION FOR ENCROACHMENT AND JOINT USE AGREEMENT OF A PUBLIC DRAINAGE AND / OR UTILITY EASEMENT February 2, 2023 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 100 River Oaks Drive, 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: __________________________________________________________________________________________ ____________________________________ __________________________ Printed Name of Property Owner Telephone ____________________________________ __________________________ Signature of Property Owner Fax Number ____________________________________ Address ____________________________________ City State Zip O:\00-New N Drive\ADMINISTRATION-PW DEPT\Forms\Agreements\Joint Use and Encroachment Agreement - Public Easement-2022 Update.docx 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: I. 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. Pershing UDC Southlake LLC River Oaks Addition12 Etnry Feature 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 _____________, 20______. ______________________________ City of Southlake Printed Name By: __________________________ By: ___________________________ Applicant’s Signature Mayor NOTE: Complete the attached acknowledgements. Pershing UDC Southlake LLC; Peter Jacobsen 2nd February 23 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 § 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 ____ 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: River Oaks Addition 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. 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 AT&T / Southwestern Bell Telephone Company By: ____________________________ By: ______________________________ (Please Print) (Please Print) Title: ___________________________ Title: _____________________________ (Please Print) (Please Print) Signature: ________________________ Signature: __________________________ Verizon Telephone Company Tri-County Electric Company By: ____________________________ By: ______________________________ (Please Print) (Please Print) Title: ___________________________ 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 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 Eric Williams Manager Engineering Design 1460 Round Table Drive, Room 1000 Dallas, TX 75247 Office: (214) 745-2964 Fax: (214) 745-8230 Verizon Telephone Joe Garza Superintendent – Network Engineer Office: (972) 252-0770 Cell: (325) 245-5102 Email: joe.garza@ftr.com Charter Communications, INC Marla Collier, Charter Coordinator Office: (817) 298-3615 Email: Marla.Collier@charter.com Atmos Energy (Gas) Greg Zylka, Project Manager 2000 Reliance Pkwy Bedford, TX 76021 Office: (817) 685-1257 (ext. 1313) Fax: (817) 359-1338 Email: gregory.zylka@atmosenergy.com EX-8'' WEX-8'' WEX-8'' WEX-8'' WEX-8'' WEX-8'' WEX-8'' WEX-8'' WEX-8'' W1 L2.02 3 L2.02 4 L2.02 1&4 L2.02 2 L2.02 Know what's below. before you dig.Call R 1 0 SCALE: feet4812 1/4" = 1'-0"