Item 4C - Encroachment Agreement DocumentsEasement 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
Brooks Raley , herein after referred to as "Applicant," to use an easement, situated on or
abutting LOT 9 BLOCK 4 , OF Harbor Oaks 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 building a single drive over an existing drainge easement
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\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
August 20 23
Brooks Raley City of Southlake
Printed Name
By:
Applicant's Signature
NOTE: Complete the attached acknowledgements.
By:
Mayor
30th
day of
Note: Only complete the appropriate acknowledgements
THE STATE OF TEXAS § Corporate Acknowledgment
COUNTY OF TARRANT 6
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 he undersigned authority, a Notary Public in and for the State of Texas, on this day personally
appeared , known tome 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 � a 5` , 20 �.
...... CMR&EY
' r: NppTARY PUBLIC
!DM 132225858
......... State of Texas
Comm. Ea 10-25-2023 Notary Public in a d for the Si to of Texas
My Commission Expires: S K -IS
THE STATE OF TEXAS
COUNTY OF TARRANT
City of Southlake Acknowledgment
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
My Commission Expires:
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:
1,•.41-, _ _
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
2905 Harbor Refuge 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:
Build a single drive over an existing drainge easement
Brooks Raley
PriA7M perty Owner
Signature of Prop rty Owner
402 Montpelier Drive
Address
Southlake Texas 76092
City State Zip
830-279-4602
Telephone
Fax Number
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 if 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 Drivc%ADMWISTRATION-PW DEPT1Forms%Agreementslloinl Use and Encroachment Agreement -Public Easement-2022 Updale.doex
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
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
Charter Communications INC
Marla Collier, Charter Coordinator
Office: (817) 298-3615
Email: Marla. Collier@charter.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
Verizon Telephone
Joe Garza
Superintendent — Network Engineer
Office: (972) 252-0770
Cell: (325) 245-5102
Email: joe.garza@ftr.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
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
Bv:
(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 Compan
By:
(Please Print)
Title:
(Please Print)
Signature:
City of Southlake
By:
(Please Print)
Title:
(Please Print)
Signature:
SOUTHLAKE
PUBLIC WORKS
.W /m
Zzl
City of Southlake
September 19, 2023
Craig Jacobson
RGA Architects
Re: 2905 Harbor Refuge Encroachment Agreement
Dear Mr. Jacobson,
In response to your request, the City of Southlake Public Works Department has
reviewed the drainage easement encroachment agreement for the placement of driveway
bridge crossing over the existing creek. This letter is intended to represent the City's
approval for the proposed driveway bridge encroachment into the drainage easement with
the following requirements: the property owner shall be responsible for the maintenance
of the bridge crossing, including the proposed 3-42" RCP, retaining walls, traffic rails,
and paving.
If you have any questions or require additional information, please contact Sandy Endy at
(817) 748-8033 or sendy_(&,,ci.southlake.tx.us
Sincerely,
Sandy Endy, PE
Development Engineer
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. 1
ENCROACHMENT AGREEMENT
Being all that certain lot, tract or parcel of land situated in the John Childress Survey, Abstract Number
254, City of Southlake, Tarrant County, Texas, and being part of Lot 9, Block 4 of Harbor Oaks, an addition
to the City of Southlake, Tarrant County, Texas, according to the revised plat thereof recorded in Volume
388-137, Page 85 (Instrument Number D180054247) of the Plat Records of Tarrant County, Texas, and
being more particularly described as follows:
COMMENCING at a metal pipe fence corner post at the southwest corner of said Lot 9, being the
intersection of the east line of Harbor Refuge (called 60' right-of-way) and the north line of Harbor
Retreat (called 60' right-of-way);
THENCE N 47- W, 85.4 feet with the west line of said Lot 9 and the east line of Harbor Refuge to a 1/2"
capped rebar found (VOGT 1928) at the beginning of a curve to the right;
THENCE continuing with the west line of said Lot 9 and the east line of Harbor Refuge, with the arc of
said curve to the right having a radius of 470.0 feet, a central angle of 21*20' and an arc length of 175.0
feet, whose chord bears N 36`20' W, 174.0 feet to centerline of a 25' Drainage Easement shown on said
Harbor Oaks revised plat;
THENCE with the centerline of said 25' Drainage Easement with the arc of a non -tangent curve to the
right having a radius of 90.0 feet a central angle of 46`10' and an arc length of 72.52 feet, whose chord
bears N 53*25' E, 70.57 feet to the end of said curve and being the POINT OF BEGINNING;
THENCE N 13.30' W, 12.5 feet to the north line of said 25' Drainage Easement;
THENCE N 76.30' E, 35.0 feet with the north line of said 25' Drainage Easement;
THENCE S 13.30' E, 25.0 feet to the south line of said 25' Drainage Easement;
THENCE S 76.30' W, 35.0 feet with the south line of said 25' Drainage Easement;
THENCE N 13.30' W, 12.5 feet to the POINT OF BEGINNING and containing approximately 875 square
feet of land.
Bearing based on the revised plat of Harbor Oaks.
N 0 F
H
COLE�CARPENTER
A...6892...v::.
s yo .,Es. .1� ❑Z
'�a�,suRv�
LOT 11,
BLOCK 3
i LOT 9, BLOCK 4
} HARBOR OAKS
i VOL. 388-137, PG. 85
` I D180054247 PRTCT
°r 1 ENCROACHMENT AGREEMENT
`a 875 SQUARE FEET
25' DE
N 76'30' E D1
r D18000
54247
n 35.0' S 13'30' E PRTCT
Z sr \N 13'30' W 25.i__--
p
O
.B
�_S 76'30' W
try � • .
13'30' W 35.0'
d) 12.5'
A=46'10'
\ / , P-90.0' L=72.52'
\ / LC=N 53'25' E, 70.57'
25' DE
D180054247 / � \�
PRTCT 4=21 '20'
4 a R=470.0' L=175.0'
LC=N 36'20' W. 174.0'
1 /2" CRF +�
A,
2,
3
L E G E N D
CRF = CAPPED REBAR FOUND
FCP = FENCE CORNER POST
PRTCT = PLAT RECORDS, TARRANT COUNTY, TEXAS
NOTES:
1. Bearings based on the revised plat of Harbor Oaks, Instrument Number
D180054247, of the Plat Records of Tarrant County, Texas.
2. Surveyor has mccle no investigation or independent search for easement of
record, encumbrances, restrictive covenants, ownership title evidence, or an
other facts that an accurate abstract of title may disclose.
3. No flood zone area analysis has been performed on the subject property b
MCADAMS.
4. Field work performed during the month of January 2023.
p$5z3. .C�'L
P.O�C� METALP 4�4"
PIPE
FCP
EXHIBIT NO. 2
ENCROACHMENT
AGREEMENT
Lot 8, Block 4
HARBOR OAKS
875 Square Feet
in the
JOHN CHILDRESS SURVEY, ABSTRACT NO. 254
CITY OF SOUTHLAKE
TARRANT COUNTY, TEXAS
The John R McAdams
Company, Inc
111 Halama Dove
--is"Ib, Texas 75057
y 972 436.9712
201 Co-1,y view Dove
Roanoke, Tex as 76262
p 940 240.1012
y JA c L] D A M S TBPE 19762 IS IS: tlamsco 1111440
DRAWN BY: TJS DATE: 9/8/2023 SCALE:1" = 60' JOB. NO,
0
v
I E rnE
�ci >�cy OcNo� ogp
(aj �Q NIA � NO f/jU
>
I c 0c do
dnw r�
C S N NU
O
0 U � w rn U c rn rn 3
I R
r
1
1 STA. 0+24.00 CULVERT 1 ( V
FURNISH & INSTALL:
CULVERT OUTFALL THROUGH RETAINING WALL 20 I 20
FURNISH & INSTALL: SCALE: 1 `20'
�24 LF 3-42" RCP @ 1.0% TBM #1: 'MAG NAIL"ON THE EAST LINE OF HARBOR REFUGE AT THE EDGE OF
PAVEMENT APPROXIMATELY 560'SOUTH OF THE INTERSECTION OF HARBOR REFUGE AND
HARBOR HAVEN AND APPROXIMATELY 20'WEST OF A TELEPHONE PEDESTAL NEAR THE
NORTHWEST CORNER OF SUBJECT PROPERTY. ELEVATION: 579.62 L0
STA.—0+00.00 CULVERT 1 N
_ _ _ _ _ TBM #2: "MAG NAIL'ON THE EAST LINE OF HARBOR REFUGE AT THE EDGE OF
FURNISH & INSTALL: _ — — — — — — PAVEMENT APPROXIMATELY 29'NORTHWEST OF THE INTERSECTION OF HARBOR REFUGE '/WRR
AND HARBOR RETREAT STREET AND APPROXIMATELY 18'SOUTHWEST OF A WATER V
52 LF RETAINING WALL WITH 3 TRAFFIC RAIL VALVE. ELEVATION: 580.91' 0
(DESIGNED BY OTHERS) — o+So W cr W X It a
�, ----- ----- ¢ � age
\ co 0 o m II
CC�'ecl)
0 It
25' x 35' ENCROACHMENT AREA — Q = v fr
SEE EXHIBIT 1 FOR DESCRIPTION 0
O
Lo
0 WM i ��N
a
STA. 0+24.00 CULVERT 1
/ \ , FURNISH & INSTALL:
/ \ / 52 LF RETAINING WALL WITH 3' TRAFFIC RAIL
(DESIGNED BY OTHERS)
/ m
25' DE —
/ / D180054247
AW
OPRTCT
*••'•' '•'••*
00..:.........................:.../
r / / STA.—0+00.00 CULVERT 1 /
/ JUSTIN L. LANSDOWNE /
FURNISH &INSTALL:
CULVERT INTAKE THROUGH RETAINING WALL �...�•....12199�0�•�����•�
II,p� •'' Zv it Drawn B
i BEN . •G�.i DScale: 09 08 02023
STA. 0+40.00 CULVERT 2 ll�°N+,/ Revisions:
FURNISH & INSTALL:
1-18" TYPE "C" 4:1 HEADWALL O / /g/Z3
°
k \
°�� MCADAMS
NO. 210►
TBPE: 19762
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: