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Item 4D - Attachment A Encroachment Agreement DocumentsAPPLICATION FOR ENCROACHMENT AND JOINT USE AGREEMENT OF A PUBLIC DRAINAGE AND / OR UTILITY EASEMENT 9-.z6- �-3 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 Sod Rrn/Tulodl� Z.✓ �yuTlf/AeF- 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: THL—vLe= Z5 GJ2e�4TE=lJ l3y 2 C—.v yes /j✓,'Jr o.� 0114.3=o✓.vo.4T�o.✓5 3.4c/r /,.� �y�y. r 1 /9J/Q /lire- TO 2c. 40e/ TfybSc 9 41)..+,' A A Ccii.+T NUY 7Z UT/ Zr VW6 ��GJ l si6M U� Printed Name of Property Owner Signature of Property Owner SV O /3 C N l cA.) L AeJ� Address Sd J'Tjd/,.4A-&:- TX %lo U 9-2— city State Zip mil,/ -S 37-3737 Telephone Fax Number Z:7X' ST.-y fv�rnfJT�ONS Lf 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 fu 1 Siy..dn/ , herein after referred to as "Applicant," to use an easement, situated on or abutting LOTS_, BLOCK , OFLAF/ Wove 4C.zas 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 OR A .✓/.u!j .5X 'T 7V /Ze_A, nn,e / .4,. D �,. Jq�s e 7 wv CX i t A cc f- 5 z v.z.., . Jos 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. Od00-New N Drive\ADMINISTRATION-PW DEPTW ormsWgreementsVoint 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 2 61 day of Stj--0icM Rel t_. 20_2L�. Printed Name By: —'R Applican s Signature NOTE: Complete the attached acknowledgements. City of Southlake By: Mayor Note: Only complete the appropriate acknowledgements THE STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, A Notary Public in d for the State of Texas, on this day personally appeared , known me to be the person and officer whose name is subscribed to the foregoing instrument and owledged to me that same was the act of said a corporation ,,aKd that he executed same for the purposes and consideration therein expressed and in the capacity they ' stated. GIVEN UNDER MY HAND AND.SE'AL OF OFFICE this the day of , 20 Public in and for the State of Texas My Cow hission Expires: THE STATE OF TEXAS § Individual Acknowledament COUNTY OF TARRANT BEFORE ME the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared P z I StVV%ov, , 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. D SEAL OF OFFICE this the 210 day of be 20 23 . SHAE:NWo. ABETH RAMSEY NotaState of Teios �1 tiN c�. oeroe-zon ,� l,r (a I34398908 202� Notary Public' and for the State of Texas [GaMy Commission Expires: 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 , 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 L o 7— R e F J/�Et c xo n Addition/Survey to the City of Southlake, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: y7 /2e7`'r-nc-(3 209.02' i 76UTUTYE�SEMEOT 1 1 POND P I?4 i I� i i m x P A a O n m i x ��- 1 � 'y I CIF MM. ' f• EYR y� ki, �• z 500 �Boo38_j e. . �trkD6e'--a;� BENT WOOD L 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. 51 e-1 - �= c&&"�- c0�A 830.47' P.P. v� u �jG x WELL >� Il MOUSE STORAGE BLJG. WITH FOUNDATION z W m 0)cc n w �C ¢cn, 1, - Z- --------- �� o .� w14 Yr i4 N 88-41-06 W STEEL �-X i sTiNg T ozT,4 c 14C1) T✓ /�/f3y G 9n yc L Xy�/3; % 12✓l/% z� /9g 3 �.9SEi., c .✓ r 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: Eric Williams (Please Print) Title: Manager Engineering Design -AT&T (Please Print) Signature: U)d&- N Tri-County Electric Company Bv: (Please Print) Title: (Please Print) Signature: City of Southlake Bv: (Please Print) Title: (Please Print) Signature: