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Harbor Oaks (Lot 9, Block 4) - Easement Joint Use Agreement 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 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. , 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\Forms\AgreementsUaint 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 30th day of August ,20 23 Brooks Raley City of Southlake Printed e By: v gy: 111,4111' nt' Signa e f Mayor e'aaaala/tllo ®.,®� NKE, TF a"de NOTE: Complete the attached acknowledgements. 4 ,T ��®%,S • "9�,'', i AMY '", LEY, ... ►�, 'IT CITY RETARIp,-r ••* i ��>®®f•• ••� oaa® 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 he undersigned authority,a Notary Public in and for the State of Texas,on this day personally appeared C o K5 V---Pck,c`1 ,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 3c day of k'c'5 ,20 2� . L[;gy1NOTARY PUB IDt 132225 State of Texas "'FOF `' Comm EEx� 10 25 2023 Notary Public in, a_.-a d for the S to of Texas My Commission Expires: \o. 2S -7 m7 5 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 5;::Nv k A VW%A.V► , known to me to be the person and officer whose name is subscribed to the for`e,�oing instrument and acknowledged to me that same was the act of said �''1�SW G� `.aO f11G1�s4 a municipal corporation, and that he executed same for the purposes and consideration therein expressed and in the capacity therein stated. GIi 1 A Pam- FILE this the day of Illl5YllS'T ,207i? My Notary ID#134137307 1.T O. Expires January 10,2027 No 'ail in an 'for the State of Texas My Commission Expires: 01 10 .t®Z� U EXHIBIT NO. 1 Being that portion of that certain public utility easement / drainage easement situated in VVAYlo7 -nGo kC Addition/Survey to the City of Southlake, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: j 1_. 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 Southiake,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 830-279-4802 Prin� Na o roperty Owner Telephone ro Signature of Prop rty Owner Fax Number 402 Montpelier Drive Address Southlake Texas 76092 City State Zip 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.bv 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 O:\00-New N Drive\ADMINISTRATION-PW DEPT\Forms\Agreements\Ioint Uso and Encroachment Agreement-Public Easement-2022 Update.docx 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/Southwestem 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 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: SOUTHLAKE PUBLIC WORKS 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, Uzi 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; I 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. E Oft. CCa_CARPENTER N ;99 l. Qi eio° sstg,,o_, - I-706 3 SURvS. _. _ _ _ __.__.._._____ , , 1 I , LOT 9, BLOCK 4 !I ! HARBOR OAKS VOL. 388-137, PG. 85 . l' • LOT 10, D180054247 PRTCT . •• 1: BLOCK 3 1 ti I , - , . . .• ,ENCROACHMENT AGREEMENT • .:- 875 SQUARE FEET , . . .T: ' \ `, , - 25' DE 1, N 7630' E.:: . D180054247 i 0 35.0":• S 1330' E PRTCT[25.0' ' LP .0-;.5P:': rb dn --- . - ,..;•_!-- - ' !,: __-- —---,.--1- . ___, ..t4veri..s...;,, •W.Ef.,..„ .. -,,, ___ . ;U 1•IA: ' . '..L.' .' * .t ' 35.0' . N 13'30' W V-, .-': •!/ \4'' 12.5' . 4- / —.• 1.• . * . e=4610' , \ / : . \:-: k#90.0 L=72.5Z' LC=N 5315 E, 70.57' \ • ,I / / \ / \ \ LOT 11, / BLOCK 3 '.'':' 25' DE / , / -c,iIP D180054247- '.; _ ., ,,,p, : \d?' ,A=21-2C- PRTCT • -: . ' '' -.. ..- R470.0' L=175.0' .-•-•"-- .-... , ?'\ ,"",' i-"cp - ''•\ILC=N 36'ZO' W. 174.0' il .._ t ir- .,,e's /,' .. . .•- 2 1/2 /° CRF° ' \ „, , --• , (VOGT 1928) .V./1 . 0. . ,. . ,., , ''-''il.o..F ,•7,.> - •.,..,1...i,...... ,e ' ,- 0:3'; . • - ' kikinOSTE4'• +7 k ;, , /. , .; ,...,..,' OT 12 ' '4..COI t?' e4., ' ' .. - ' . ) '' : ' )11( /' . ILOCk 3 .., . _ __ 1,1 . C;OLE:CARPISIREtri . . ' : .• P.O.C. >) - 'E ..- : - , . .,, ,....r.....,,.....1.4,141,6'4p....../ ' FCP . 1 ' ' HP , A g • ;'4.9 - iv/ • , : ••• --1 '•th oA, Y . , - ,...-., , 4,6_ p...s,.‘ p f ,. ,,, - EXHIBIT NO. 2 1 ENCROACHMENT Sg ,..-, - - AGREEMENT 1 - -- 1 LEGEND ‘€1 Lot 9, Block 4 CRF = CAPPED REBAR FOUND HARBOR OAKS 1 1-31! FCP = FENCE CORNER POST 875 Square Feet 2., PRTCT = PLAT RECORDS, TARRANT COUNTY. TEXAS "a Ili in the JOHN CHILDRESS SURVEY,ABSTRACT NO.254 NOTES: ..i CITY OF SOUTHLAKE vi ,1, Bearings based on the revised plat of Harbor Oaks, Instrument Number TARRANT COUNTY TEXAS <Z, 0180054247, of the Plat Records of Tarrant County, Texas. _ __ ___ _ 0 1 lti 1, j The John R.McAdams Company.Inc, :84 ' 2. Surveyor hqi 4-0*no investigiiiic or independent:search for easement of ! I ill Halstda Drive Lev/Emile,Tans 75057 2; record- ea4rribr.,dhOes, restrictiveqcivenants, ownership title evidence, or any ,,, 972.430.9212 .••• , 'Pa, othei facts that; an accurate::atdtract of title.may disclose. . EZZT:= trif . , _ ,-__-. . .7.2 9402401012 •!.s,,, 3. No flood zone MCADAMS. area analysis has been performed on the subject property by IIVI_C A'DA MS •,......,41 __ -iri 4 Field work performed during the month of January 2023:- DRAWN BY:TJS DATE: 9/8/2023 SCALE:1" = 60! JOB. NO.SPEC22556 :8:0, o p~�0 E .o P1 .MINIMINT ::SSW! \ € �B l .II Q 1 STA. 0+24.00 CULVERT 1 F__ orl \ FURNISH & INSTALL: , CULVERT OUTFACE THROUGH RETAINING WALL 20 0 h 20 �--R I \ FURNISH & INSTALL: scALE:1'=zo' 24 LF 3-42" RCP © 1.0% BM}:WAG NA L'ON ATE EAST ONE OF HARBOR REFUGE AT THE EDGE OF PAVEMENT APPROXIMATELY 560'S0UIH OF THE INTERSECTION OF HARBOR REFUGE AND \ HARBOR HAVEN MID APPROXIMATELY 20'WEST OF A TELEPHONE PEDESTAL NEAR THE NORTHWEST CORNER OF SUBJECT PROPERTY.ELEVATION:579.67 STA. -0+00.00 CULVERT 1 N _____ TOM g2 WAG NAIL'ON THE EAST LINE OF HARBOR REFUGE AT THE EDGE OF W FURNISH & INSTALL: __— — PAVEMENT APPROXIMATELY 29'NORTHREST OF THE WIERSEC➢ON OF HARBOR REFUGE Z AND HARBOR RETREAT STREET AND APPROXIMATELY 1B'SOUTHNEST OF A WATER 52 LF RETAINING WALL WITH 3' TRAFFIC RAIL VALVE.ELEVATION:520.91. ICJ (DESIGNED BY OTHERS) -,- o+ao W rn CC v \ •Vf., w®��� ____-------- occ mm<=> 25' x 35' ENCROACHMENT AREA — _ E W og \ �� ' , SEE EXHIBIT 1 FOR DESCRIPTION 9°� -� Si , V\ -o x n1 U 0 - sø / // i� STA. 0+24.00 CULVERT 1 ., / / \ /r FURNISH & INSTALL: J•• / \X, 52 LF RETAINING WALL WITH 3' TRAFFIC RAIL �Nk // / (DESIGNED BY OTHERS) F,. / // \ 25' DE in / / \ D180054247 ���e\� I IS ///�/ // \ OPRTCT StP •E!4r�111 W "ti //// i* *'#1 �N // // / \ STA. —0+00.00 CULVERT 1 j•• ••••••••••.... •' /// / FURNISH & INSTALL: .0JUSTIN_L_LANSDOWNE/ N O\ //�//�/ / \ CULVERT INTAKE THROUGH RETAINING WALL \ c•121990 Al o //% // / �- ,h°••••PcENSV 1 Drown By 17 An••,• ,r Dote: 0�08 2023 / / / 1 SS G� Stine:I = 20' 5a // // STA. 0+40.00N CULVERT 2 •O A ll1.1k L �� Revisions: ,,// 1-KNISH & INSTALL: O /, ,, Irr s �/ •// \ 1-18" TYPE "C" 4:1 HEADWALL /„/ 9isizs o / x //// Ao�� \ /\ TMCADAMS BPE 2 NO.2A es 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 B : By: -ease Pr (P ase Pri W Tit-: Title -lea Print) (Pleas ' t) Signature: Signature: Verizon Telephone Company Tri-County Electric Company By: :1 / A ease PraTleasrint Signature: Signature: • Charter Communications, Inc. City of Southlake By: By: ase Print (Please Print) Titl Title: ease int) (Please Print) Signature: Signature: • Atmos Energy By: ase Pri Titl : leas rint) Signature: