River Oaks Addition (Lot 2, Block 1) - Easement Joint Use Agreement PUBLIC WORKS SIGNATURE FORM
This form must accompany any document sent to the for signature. The document must be
reviewed and initialed by the Department Director.
Document Title: 100 River Oaks-Encroachment Agreement
Project Name: 100 River Oaks
Project Manager: Sandy Endy
City Council Date: N/A
Type of Document: Encroachment Agreement
Approval Requirements: Mayor
Internal Preferred Method of Return: Signed digital copy to the requester
Project Folder Path: O:\00-New N Drive\Easements\Encroachments\100 River Oaks
Director Approval:
Rob Cohen
Please return signed hard copy to PWA if
needed to be filed by SCO we request a
digital copy be sent to PWA Admin
Questions: Denise Hernandez @ ext. 8098
ORIGINAL DOCUMENT
111 CITY OF SOUTI!LAM,
Council Action: Y 611
Ord../Res. No. — r
INSTRUCTIONS FOR COMPLETING AN ENCROACHMENT ANDDA EJgg7kGr^ Ems,'`3j1
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
0\00-New N Drive\ADMINISTRATION-PW DEPT\Forms\Agreements\Joint Use and Encroachment Agreement-Public Easement-2022 Update docx
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:
the entry feature column is encroaching into the utility easement along River Oaks
Pershing UDC Southlake LLC I Peter Jacobsen 682-888-2194
Print me of Property Owner Telephone
K l�
Signature of Property Owner Fax Number
262 Carroll Street, Suite 16
Address
Fort Worth TX 76107
City State Zip
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
Pershing UDC Southlake LLC , herein after referred to as "Applicant," to use an easement, situated on or
abutting LOT 2 , BLOCK 1 , OF River Oaks Addition 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 Etnry Feature
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 TESTIMONY WHEREOF, Applicant executes this Easement Agreement on this end day of
February 20 23
Pershing UDC Southlake LLC;Peter Jacobsen V City of Southlake
Printed Name
By: By:
Applicant's Signature ayor
PC‘---/-
\ f
NOTE: Complete the attached acknowledgements. Al \ `��Ov(HLgk r'`
"IM ^..
AMY S UV T9F -7\
CITY SE 'ETAR1S73
�11111��
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 Troy D Hopson , 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
Charter/Spectrum , a corporation, and that he executed same for the purposes and consideration
therein expressed and in_the ca fit.Iv therein stated. MM,,,, ���QQ �
GI . '' ' MY
;ram .' r• OFFICE this the day of//14✓ ,20(4" .
•�F mm,
Lco _sso2os2o24
' � Notary ID 13234784E , M
Notary Au/blliicl' he State of Texas
My Commission Expires:
THE STATE OF TEXAS § Individual Acknowledgment 1.
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
§ Clty of Southlake Acknowledrament
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
River Oaks Addition Addition/Survey to the City of Southlake, Tarrant County, Texas, and being
more particularly described by metes and bounds as follows:
EXHIBIT "A"
ENCROACHMENT AGREEMENT
SITUATED IN THE JESSE G. ALLEN SURVEY, ABSTRACT No. A-18
CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS
BEING a tract of land situated in the Jesse G. Allen Survey, Abstract No. A-18, City of Southlake,Tarrant
County,Texas, being a portion of Lot 2, Block 1, River Oaks Addition, an addition to the City of Southlake,
Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 12215, Plat Records, Tarrant
County,Texas, (PRTCT) and being more particularly described by metes and bounds as follows:
(Bearings and coordinates are grid based on the"Texas Coordinate System of 1983, North
Central Zone, 4202" as determined by GPS observations. The convergence angle at the
point of commencing is 0°42'52.4". All distances have been adjusted to surface using a
combined scale factor of(1.000152497322.)
COMMENCING at a 1/2" capped iron rod found (GRID N:7,025,827.76; E:2,370,439.14)for the southeast
of said Lot 2, at the intersection of the west right-of-way line of River Oaks Drive, a variable width right-
of-way(50.00' at this location) and the north right-of-way line of W. Southlake Boulevard, a 130.00'wide
right-of-way (a.k.a. F.M. 1709); THENCE North 28°03'04" West, over and across said Lot 2, a distance of
49.31 feet to a point in the west line of a 10.00'wide utility easement as shown on said River Oaks Addition
and for the POINT OF BEGINNING;
THENCE North 16°21'02" West, with the west line of said utility easement, a distance of 4.00 feet to a
point for corner;
THENCE North 73°00'14" East, a distance of 1.48 feet to a point for corner;
THENCE South 16°59'46" East, a distance of 4.00 feet to a point for corner;
THENCE South 73°00'14" West, a distance of 1.52 feet to the POINT OF BEGINNING and containing 6
Square Feet or 0.0001 of an Acre of Land, more or less.
A survey exhibit accompanies this metes and bounds description.
PAGE 1 OF 2
EXHIBIT "A"
ENCROACHMENT AGREEMENT
SITUATED IN THE JESSE G. ALLEN SURVEY, ABSTRACT No. A-18
CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS
\
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\ ENCROARCHMENT
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RIVER OAKS \ \y D -0 O
ADDITION \ \Nco• - c 9
CABINET A, SLIDE 12215 \ \. C�
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(130 ABBREVIATIONS
i POC POINT OF COMMENCING
I, LON E. WHITTEN, A REGISTERED PROFESSIONAL LAND SURVEYOR POB POINT OF BEGINNING
a IN THE STATE OF TEXAS, DO HEREBY DECLARE THAT THIS IRF IRON ROD FOUND
t SURVEY IS TRUE AND CORRECT AND WAS PREPARED FROM AN UE UTILITY EASEMENT
a ACTUAL SURVEY MADE UNDER MY SUPERVISION ON THE GROUND. PRTCT PLAT RECORDS, TARRANT
i•• COUNTY, TEXAS
r �. �• o mima
a LON ELi; . WHITTEN DATE: FEBRUARY 17, 2023 ; LON E. WHITTEN
REGISTERED PROFESSIONAL LAND SURVEYOR / !
° TEXAS REGISTRATION NO. 5893 ( •.o 5893 �Q.:of chit. �>.. I Bard s plumbs
lil 9�•,°E S S ��� tbpels registration number: f — 2759
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- s U:��• tbpels registration/license number 10088000
z v 5 1 9 east border
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J a r l i n g t o n , texas 7 6 0 1 0
Co. Bearings and coordinates are grid based on the "Texas Coordinate System of 8 1 7 — 4 6 9— 1 6 7 1
w1983, North Central Zone" as determined by GPS observations. The convergence fax: 8 1 7— 2 7 4— 8 7 5 7
b angle at the Point of Commencing is 0'42'52.4". All distances have been
w w w. m m a t e x a s. c o m
a. adjusted to surface using a combined scale factor of 1.000152497322.
DATE: 02/15/2023 Ste: 1" = 10' DRAWN BY: CRC CHECKED BY: LEW JOB. NO.: 3512-00-01
PAGE 2 OF 2 j
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.
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C E I °���a / . = AT RIVER OAKS
i • l` p I ENTRY FEATURE PLAN
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: Leon Jimenez By:
(Please Print) (Please Print)
Title: Utility Designer Title:
(Please Print) (Please Print)
Signat • 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:
EXHIBIT NO. 3
The undersigned public utility companies, using or entitled to use, under me terms and provisions of our
respective franchise with the City of Southlake, do hereby consent to the encroachment and joint use of the
descnbed portion of such drainage and I or utility easement requested in this Application for encroachment and
Joint use of a public drainage and utility easemenl,
Oncor Electric Delivery Company AT&T 1 Southwestern Bell Telephone Company
By By: Eric Williams
i Please Prnt) (Please Print)
Title: Title, Manager Engineering Design
(Please Pnn1) II Please Print)
Signature: Signature:
Venzon Telephone Company Trl-County Electric Company
BY BY
(Please Print) (Please Print)
Title: Title:
(Please Pnni) (Please Print)
Signature: Signature:
Charter Communications. Inc. City of Southlake
By: By:
Please Print) (Please Pratt)
Title_ Title:
(Please Print) (Please Pry
Signature: Signature:
Atmos Energy.
By
Please Print)
Title:
IPeease Prnt
Signature
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:
Frontier Communications
Verizon Telephone Company Tri-County Electric Company
By: Joe Ben Garza By:
(Please Print) (Please Print)
Supervisor Network Eng and Ops
Title: Title:
lease 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:
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
descnbed portion of such drainage and I 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 1 Southwestern Bell Telephone Company
By: By:
(Please Print) !Please Pranty
Title: Title_
(Plane Prints I Please Prim)
Signature: Signature:
Verizon Telephone Company Trl-County Electric Company
By. Brennan Sebastian
(Please Pimp {Please Print;
rtde: Tate: Director of ROW
(Pease Pnntl (Please Print
fam
Signature: Signature; 11"114014
+ "i""`
Charter Communications. Inc. City of SouthIalte
By. By:
PPeease Pimp (Please Print)
Title_ Title_
iPIea e"rm (Please Pr=m)
Signature Signature:
Atmos Energy
By
IP'leae Prn!;,
Title
IPlea=e Pr:ni:
Signature
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: Troy D Hopson By.
(Please Print) (Please Print)
Title: Business Development Specialist Title:
(Please Print) (Please Print)
Signet • -- Signature:
Atmos Enemy
By:
(Please Print)
Title:
(Please Print)
Signature:
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: Greg Zylka
(Please Print)
Title: Sr. Project Specialist
(Please P
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