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Lakewood Acres (Lot 8) - Easement Joint Use AgreementCITY OF © SOUTH LAKES 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. Page 1 of 2 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 Page 2 of 2 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 -.v ��„�7,t/�9��-, 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: S -a,� c u s 77,- y c,Zo , 4c�c,,- I 1',� 7 T%% T Cj'1.c.4T�=iJ .�y Z. C—A2f%y�5 �✓.�r oN s/�� f'U✓ND�4!/DnJs ��4c� i,.� j�1�`/. (AJDJ/4 /i Are— Tp /ZC-11d 0e � ThkfS z �ui/�„w�5 A.,11 cu,✓T,� J{ 7-6 077i, z �"U / 5- iA-"0^/ Printed Name of Property Owner -�7 Signature of Property Owner Address Sa,j Tx y yz City State Zip _S 37-3737 Telephone Fax Number Easement Joint Use Agreement THE STATE OF TEXAS § COUNTY OF T/�tr�.-?� % § 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 penrlit the following ��c 1 S..J" c.✓ , herein after referred to as "Applicant," to use an easement, situated on or abutting LOT__, BLOCK , OFc.,c.CJJ > 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 0,-?,"� fs�..r..�� .z rt, T /Z�) 2E: ����� / �,�,� ��l/��y 7- u X S i , 4 cc, z 5 s c_)Lz� 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 cccasicned 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 tc 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. 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: 004,v v N Chine ADMINISTl2 A rION-Pw DEPT Fauns Agreement., Joint U;c and Lncruaclimcnt AGnxmcnt - Pull is E;,sement-2022 UpdmeAocx V. This agreement shall be riled 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 t day of 20 Printed Name By: Applicani's Signature NOTE: Complete the attached acknowledgements City of Soutthlaakke / By: I� — `Crb • • �pi \ 4T- •••�� r - C) -P ._ cn AM ELLt;IytRM CIT CREfAY• Note: Only complete the appropriate acknowledgements THE STATE OF TEXAS § Corporate Acknowledgment COUNTY OF TARRANT § BEFORE ME, the undersigned authority, A Notary Public hand 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 Comission Expires: THE STATE OF TEXAS § Individual Acknowledgment COUNTY OF TARRANT BEFORE ME the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared No 1 5'1tMOy1 , 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 Z(0 day of SePkOY620 23 . SWLYN EUZABEiN RI Notary PuNlr, Stag oW Cortm. E)p. 05-M�ID No.13439M2©Z% Notary Public ' and for the State of Texas 1 My Commission xpires: THE STATE OF TEXAS § City of Southlake Acknowledgment COUNT`( OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared SONI ttv'+FMOLV� , 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 Ou ok- -! aM'kkOly' , a municipal corporation, and that he executed same for the purposes and co ideration therein expressed and in the capacity therein stated. �-,,' GI FFICE this the n Q' day of Qt6e -/ 202t) TIFFANY COOPER * �= My Notary ID # 134137307 `'%,o�, a*.• Expires January 10, 2027 N lic in an for the State of Texas My Commission Expires: \ 2r) EXHIBIT NO. 1 Being that portion of that certain public utility easement / drainage easement situated in 1 o 7— ,q c r- • uz-Addition/Survey to the City of Southlake, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: 5cJ12L y %i9T 5; /gy-',i�S Gv • Vey /2e y:s-t-erzcc� /�"�/,C s�1Zve/a.z ,f,/✓. % 9ag. STEEL PIPE Pp ofo ".,In OFILL 10" of mom, TAAWT GO 0 b b LOT 8 %. .3 00 aw Lo z ® rl- POOL ui FAW b b 013�1` lk 044.60' ------------ N 88-10-04 E - -- - ------------- STEEL PIPE IbZ S 3' 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 ncrth 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. 830.47` - I C7 77 a ,W W (D ai Cl erk_ o o o .A(ATEA X WELL X�� � AQE L HOUSE o 0 � Xk� ac`- _Xrk tp Z I x I 1 lI a o mW M Lo POOL iV Imo• <" co a !n W °' c 12.0� mow L = 16, :0 T 30 0' t 1, 1 STORAGE BL.)U. X ci z WITH FOUNDATION fe ..� x � r N 88-41-06 W STEEL PIPE FOuaD.�17"rcL� QJ%%j/ddS y ,gNl7 0 -7'9c D r� /98 3 Z_S 3 x r'Tv t BSc r+� cg.✓ 7- 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 Comgan By. Eric Williams (Please Print) Title: Manager Engineering Design -AT&T (Please Print) Signature: �2--Z i Tri-County Electric Compan By: (Please Print) Tide: (Please Print) Signature: Citv of Southlake By: �J—L (Please Print) Title: M o �r �h Print) Signature: W 11 &-� J%t,//1111111/1` ,% vS H LAkF .,, S %�f% Cn AM ELkkY, TRMC: 1:� .: CITY CRETARY 0 �,o.-J�+�