Item 4B - 808 Jamestown Encroachment Agreement101
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
dr 'nay end / or }utility eaWeet situated on or abutting property located at
_) w _� (�,li j�0 (pand described by metes and bounds in Exhibit No. 1 of the
attached agreement. '760'7 2—
The reason for the encroachment and use of the easement is as follows:
Ce,
Printed Name of Property Owner Telephone
Signature of Property Owner
Address
So Q-f�14he- tx 7�09 2-
City State Zip
Fax Number
Easement Joint Use Agreement
THE STATE OF TEXAS ` §
COUNTY OF �CLAJta-ttT' §
Be it known, that the City of Southlake, herein after referred to as "City," and its franchised Utility Companies,
he ein referred + to _ as / "Utilities," do consent and agree to permit the following
5d herein after r e�jre to a Applicant," to use an easement, situated on or
abutting LOTS, BLOCK, OFu 14��P Gc 1/�b,l IN THE CITY OF
SOUTHLAKE, TEXAS, as described on the attached Exhibit No. 1, depicted graphically on the attached EXHIBIT
No. 2 and consented/ o by the public utility companies as listed on the attached EXHIBIT No. 3, to be used for the
purposes of t,k r
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.
W
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.
W00-New N Drive\ADMINISTRATION-PW DEPT\Fonns\Agreements\Joint Use and Encroachment Agreement - Public Easement-2022 Update.docx
0
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 ESTIM NY WHEREOF, Applicant executes this Easement Agreement on this day of
, 20—a3—.
Care
ce(�-L
Printed Name
By: By:
Applicant's Signature
NOTE: Complete the attached acknowledgements.
City of Southlake
Mayor
Note: Only complete the appropriate acknowled
THE STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, A Notary Publ
appeared `ad V-, ?M re—2-known
subscribed to the foregoing instrument and acknc
or , r?' rporation, and that
th 'rein expressed and in the capacity therein stated.
G
:Notary Public, State of Texas
Comm, Expires 10-31-2025
Notary ID 129612169
Commission Expires:
__...... _.___._._._._.........
_____
E STATE OF TEXAS §
iUNTY OF TARRANT §
CE this
;ments
Corporate Acknowledgment
in and for the State of Texas, on this day personally
me to be the person and officer whose name is
edged to me that same was the act of said
executed same for the purposes and consideration
l� day ofr�'lD��t'/�+,20 a
r
Not ubli i and for the State of Texas
Individual Acknowledgment
B FORE ME, the undersigned authority, a Notary Public irp and for the State of Texas, on this day personally
al ipeared , known to mg to be the person whose name is subscribed to the
fc,egoing instrument and acknowledged to me that he exeuted same for the purposes and consideration therein
e pressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of , 20
Commission Expires:
_............... _._.____.._.____.._....._._..____....... _____-_.......... -
T E STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Publ
appeared , known I
s bscribed to the foregoing instrument and acknc
, a municipal corporation,
c nsideration therein expressed and in the capacity ther(
IVEN UNDER MY HAND AND SEAL OFFFICE this the
Commission Expires:
Notary Public in and for the State of Texas
_._._._._.-._._._.--.------.__._._...__..__._._.._......._ .._....---.-.__-.-
Citv of Southlake Acknowledgment
in and for the State of Texas, on this day personally
me to be the person and officer whose name is
edged to me that same was the act of said
I that he executed same for the purposes and
stated.
day of 20_.
Notary Public in and for the State of Texas
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.
CIRF MCADAMS N 89'02'15' W _1
40' ORUNAOE g
EASEMENT
-- 4068 --_ -� /0SO
INSTALL TREE
'X I ��TION
P�
T81 LOT 5
LOT 8
30.717 IF. I �.
222Z
CIRF
T:7,.4" Lor T
BLOCK T
TBI LOTb08
FINISHED PAD =633.5'
0, TOP OF FORM = 634.4'
n.1•
a
14—Z
fir. v�i G.al� h
Y, 223' J
25. SB
0' UE y
c N_8PW'f 0' W 110.00'
CIRF MCADAMS T
TC 632.4
JAMESTOWN LANE
(50' WD. R.O.W.)
BEARINGS SHOYM HEREON ARE REFERENCED
TO THE TEXAS COORDINATE SYSTEM OF 1983,
NORTH CENTRAL ZONE 4202 AND ARE BASED
ON THE PLAT OF REFERENCE.
PREPARED FROM PLAT RECORDS AND A SURVEY
MADE ON THE GROUND 30 NOV. 2021.
PAUL E. MANNEL R.P.L.S NO. 5533
4
TBI LOT 7
^f`y LOT 8
^�� I 30,703 SF
sy
�I
XA I
L_
CIRF MCADAMS
TC 625.6
GRAPHIC SCALE
30 0 15 30
( IN FEET )
1 inch = 30 fL
FORM SURVEY
808 JAMESTOWN LANE
LOT 7, BLOCK 1. SOUTHLAKE MANOR, PHASE 3 BEING A REMSON OF LOT 7 R.P. ESTES
SUBOIVISION IN THE T. MANN SURVEY, ABSTRACT NO. 1107 J.B. MARTIN SURVEY.
ABSTRACT NO. 1134, CITY OF SWiHLAKE, TARRANT COUNTY, TEXAS ACCORDING TO THE
PUT THEREOF RECORDED AS INSTRUMENT NUMBER 0220092978, PLAT RECORDS,
TARRANT COUNTY, TEXAS.
TB LOT No. 0008
IJIE COfJ SULK, tl li=L H dl c
2557 SW G Mm ne Pkwy. Su Be too
G Pewne. TX 76051
T (817) 329A770
TBPELS Frm No. 10194237
DESIGNED: DRAWN: PEM CHECKED: CDR
SCALE: 1' = 20' DATE: 30 NOV 2021 1 DWG.: 8050-LOT
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.
HAMIL TON D UFFY, P.C.
Civil & Environmental Engineers • Planners • Construction Manaeers
Texas Reg. No. F-5260
March 9, 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
808 Jamestown Lane
Lot 7, 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 of this lot and the lots to the west in a west to east manner. It
appears that the water then drains north at the rear of this property (Lot 7) and then enters a drop
inlet at the rear of Lot 8 just east of this property. Per attachment, the rear fence shall be 6' iron.
The side fence within the 40' drainage easement will be 8' with 7' of top being wood and V iron
at bottom to allow passage of water. The remainder of the side fence going toward the house and
outside of the 40' easement will be 8' wood. The proposed fences will not impede the flow of
water within this easement.
It is our conclusion that the proposed fences will have no bearing on the function of the existing 40'
drainage easement as water will not be impeded and will be allowed to pass through the iron fence. As a
consulting engineer with many years experience in residential development, we verify that this property
and surrounding properties should not be impacted in an adverse way in regard to drainage due to the
construction of the proposed fences. If you have any questions or require further information, please
contact my office. fir' x
Sincerely,
HAMILTON DUFFY, P.C.
Keith Hamilton, P.E.
Attachment
xc: Chris Gmensfelder, Lambert's
00
14............ ......... „
KEITH M. HAMILTON
..:............................
.87384
:C".
8241 Mid -Cities Blvd., #100 North Richland Hills, TX 76182
(817) 268-0408 www.hamiltonduffy.com
F
1 1/
3/ 4 fjr�,
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