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Southlake Manor (Lot 7, 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: 808 Jamestown Encroachment Agreement Project Name: 808 Jamestown Encroachment Agreement Project Manager: Sandy Endy qJti City Council Da : NSA 1?5 Type of Documen . ncroachment 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\808 Jamestown 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 CITY OF SOUTI-ILAKE Council Action:O APPLICATION FOR ENCROACHMENT AND JOINT USE AGREEMENT OF A PUBLIC DRAINAGE AND / OR UTILITY EASEMENT wed 114 ____. - ._ 2c23 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 inag,e end / or utility eaprperi,t situated on or abutting property located at 2<a ayY7 e ( Lv ) SD U l i aKeand described by metes and bounds in Exhibit No. 1 of the attached agreement. -- '7 6 O Z The reason for the encroachment and use of the easement is as follows: MOKI T- a. Y41 ce, f-ni & W HEeD/.SH-N KNA N ci 72 I -7 3 0 ,4 2. Printed Name of Property Owner Telephone Signature of Property Owner Fax Number go? - Jar► )-{ tAan Lay)e . Address SO 1P h e TX 7.6 oq 2__ City State Zip Easement Joint Use Agreement THE STATE OF TEXAS § COUNTY OF Cc ..rtcLe — § 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 O� Tr try S}Cti�t l�A , herein after r eryred to as "Applicant," to use an easement, situated on or abutting LOT 1-- , BLOCK I , OF Sc L.t, Ic-dkE I)�CA-61 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 (v\ 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. O:\00-New N Drive\ADMINISTRATION-PW DEPT\Eorms\Agreements'oint 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.CI _ IN ESTIMONY WHEREOF, Applicant executes this Easement Agreement on this �-�. v ) day of , 20 cg--), . (.‘ r 1. J t Ci of South lake QC _ pp Printed Name i 1 \ By: v `By. 41.,ryApplicant's Signature Y yor J ATT• I O . ' NOTE: Complete the attached acknowledgements. �k1ike ;• ' .��v 1. �(L _ (nr AMYSHLYMC< CITY SE - y am;•• '#�0 • ......••'•* •`.: ''./i//1 I 1 t OW"'` 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 ('c'( "j1/4)-E c£Z , known to me to be the person and officer whose name is subscribed to the oregoing instrument and acknowledged to me that same was the act of said u , as . Or & I I,t c rporation, and that he executed same for the purposes and consideration therein expressed and in the capacity therein stated. {^, G VE A FFICE this the day ofrVl A- ��, 20 rar o�'p _:'' e'c,c Notary Public,State of Texas .4-'; Comm, Expires 10-31-2025 Notary ID 129612169 Not ubli i and for the State of Texas M. Commission Expires: t e)k( • T E STATE OF TEXAS § Individual Acknowledgment COUNTY OF TARRANT § B FORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally a o peared , known to me to be the person whose name is subscribed to the f• egoing instrument and acknowledged to me that he executed same for the purposes and consideration therein e pressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of , 20 Notary Public in and for the State of Texas Commission Expires: T E STATE OF TEXAS § City of Southlake Acknowledgment sSUNTY OF TARRANT § B FORE ME, the undersigned authority, a Notary Publics in and for the State of Texas, on this day personally appeared , known to me to be the person and officer whose name is s bscribed 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 c nsideration therein expressed and in the capacity therein stated. IVEN UNDER MY HAND AND SEAL OFFFICE this the day of , 20 Notary Public in and for the State of Texas IMy 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: 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. ORE MCADAMS N 89W02'15'W 110.00' ORF MCADAMS — —— , .7.• p(d 1 A W 0�9RAAOE Ly� EASEMENT b • JI .3 t INSTALL TREE PROTEC80I1 .44 FENCE PROR TOCENSTRUCICS . 1101111111,1 W 1.1 ?A,- 7 i r 'r r i A r i sx ir k. it oar lax- ` _ 17J• i TB!LOT 7 WTOD S 1, Ih LOT8 30,717 S.F. 4CE, r d %aih 30,703 SF n f,2 j---,7.,' r z4' LOT 7 .` i BLOCS 7 0 3`V i TB!LOT#06 1.1 6• fir, ' FINISHED PAD = 633.5' $ 0.. TOP OF FORM = 634.4" v�i .S, .'" �I".17.1' I 8 i w 01 �N i ^ i j i 5 r Hy it1�.T.lr� .' i • Is.,• I i `f-u2/i.iib t Jj I ' ' .- ^ JI � % L ti P4,47trt7t72tt74,7/t4 __ ,� 0'G.E. c I ^ N_8ff04'10"W 110.00' oCIRF MCADAMS ORE MCADAMS V TC 632.4 TC 625.6 JAMESTOWN LANE (50' WD. R.O.W.) A GRAPHIC SCALE JO 0 1S 30 ----,--- ( IN FEET ) 1 inch = 30 ft. FORM SURVEY BEARINGS SHOWN HEREON ARE REFERENCED 808 JAMESTOWN LANE TO THE TEXAS COORDINATE SYSTEM OF 1983, LOT 7,BLOC14 I, SOUTHLAHE MANOR.PHASE 3 BEING A REV100N OF LOT 7 R.P.ESTES NORTH CENTRAL ZONE 4202 AND ARE BASED SUBDIVISION IN THE T.MANN SURVEY.ABSTRACT NO. 1107 J.R.MARTIN SURVEY, ON THE PLAT OF REFERENCE. E OF j ABSTRACT NO. 1134,OTY OF SOUTHLANE,TARRANT COUNTY,TEXAS ACCORDING TO THE , PUT THEREOF RECORDED AS INSTRUMENT NUMBER 0220092978,PUT RECORDS. /,lP• O R S TE5 TARRANT COUNTY, TEXAS. PREPARED FROM PLAT RECORDS AND A SURVEY Q * PO 911 TB LOT No.0006 MADE ON THE GROUND 30 NOV, 2021. (� ((����7�� nn �F ���nn�T oI � ESE ©CD H S U L� Ll lr=-�H ll 2 /ateZ7-i-z-,-„i& 5533 q 9 r 20A Or_LO 2567 s'N G,Mpanne ra.,Y.Swle IN \ 2O E s s R (` Grapey.,TX 78051 S U R� T.4917)329-8720 TBPELS Fin,No.10184237 PAUL E. MANNEL R.P.L.S NO. 5533 DESIGNED: DRAWN: PEM CHECKED: COB SCALE: 1' — 20' DATE: 30 NOV 2021 DWG.:8050—LOT 006—FORM 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. HAMILTON DUFFY, P.0 Civil& Environmental Engineers •Planners • Construction Managers 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 1' 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 'uestions or require further information,please contact my office. Sincerely, ` 1�T# `� ' ,�% t HAMILTON DUFFY,P.C. *.. \ . s........................ *.� Keith Hamilton,P.E. KEITH M MAMILTON� 87 Attachment �` •( tg,0. xc: Chris Gruensfelder,Lambert's Ornament '`) 8241 Mid-Cities Blvd, #100 North Richland hills, TX 76182 (817) 268-0408 www hamiltonduffy.com co 1 , \ \ate am to ell is mg I' 111 } it 1ti t ' 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. •ncor Electric Delivery Company AT&T/ Southwestern Bell Telephone C% *an By: By: (Ple. - Print) (Please Print) Title: Title: (Please Print) (Please Print) Signature: Signature: Verizon Telephone Company Trl-..unty Ele is Company By: By: (Please Print) -ase Print) Title: Title: (Please Print) (Please Print) Signature: .ignature: Charter Communications, Inc. City of Southlake By: By: (Please Print) (Please Print) Title: Title: (Please Print) (Please Print) Signature: Signature: N/A Atmos Energy By: (-ease Print) Title: (Please Print) .ignature: 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