Item 4D - MemoCITY OF
SOUTHLAKE
MEMORANDUM
(October 17, 2023)
To: Shana Yelverton, City Manager
From: Rob Cohen, Director of Public Works
Item 4D
Subject: Approve an Encroachment and Joint Use Agreement of two
existing garage structures within a utility easement located at
500 Bent Wood Lane.
Action
Requested: Approve an Encroachment and Joint Use Agreement of two existing
garage structures within a utility easement located at 500 Bent Wood
Lane.
Background
Information: The property owner of 500 Bent Wood Lane is requesting to keep
the existing garage structures within utility easement. There are no
City utilities within the portion of the utility easement located along
the south property line.
The purpose of this item is to seek City Council approval of an
Encroachment and Joint Use Agreement of two existing garage
structures within a utility easement located at 500 Bent Wood Lane.
The existing garages were constructed along the southern property
line within the dedicated utility easement. The existing garages were
permitted and constructed in the late 1980's and early 1990's,
however, an encroachment agreement was never processed. The
property owner would like to remodel one of the existing garages and
the Building Department discovered the encroachment. Options
such as moving the structures outside of the easement and or
abandoning the easement were discussed, however, due to an
existing septic system being located on the north side of the
structures, moving them outside of the easement is not an option.
Also, the existing 7.5-foot utility easement is a requirement of the
Subdivision Ordinance, and an abandonment may create a
precedence, opening the door to allowing other properties to
abandon the required utility easement along their property lines.
Because of these reasons, the City requested that the current
property owner obtain an approved encroachment agreement prior
to approval of any building permits for these structures. The property
owner is fully aware that this agreement only approves the
encroachment of the garages into the utility easement and does not
approve the variance to the required building setbacks.
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Item 4D
Staff is requesting City Council to consider the proposed utility
easement encroachment for the proposed improvements at 500 Bent
Wood Lane.
Financial
Considerations: This is a no cost agreement to the City.
Strategic Link: This item links to the City's Strategy Map strategic focus areas are
Partnership & Volunteerism. It specifically relates to the Critical
Business Outcome is, B2: Collaborating with select partners to
implement service solutions.
Citizen Input/
Board Review: None.
Legal
Review: The City Attorney has reviewed and approved the agreement.
Alternatives: The City Council may approve or deny the agreement.
Supporting
Documents: Attachment A: Encroachment Agreement Documents
Attachment B: Location Map
Staff
Recommendation: Approve an Encroachment and Joint Use Agreement of two existing
garage structures within a utility easement located at 500 Bent Wood
Lane.
Staff
Contact: Rob Cohen, Director of Public Works
Sandy Endy, P.E., CFM, Development Engineer
Kevin Ferrer, P.E., CFM, City Engineer
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