Item 4F - Encroachment Agreement_o CRUCTIONS 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 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
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APPLICATION FOR ENCROACHMENT AND JOINT USE AGREEMENT
OF A PUBLIC DRAINAGE AND I OR UTILITY EASEMENT
6h% lt3
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
drain1 or utiljty easement situated on or abutting property located at
age anQ^V<, and described by metes and bounds in Exhibit No. 1 of the
attachWag grreeement.
The reason for the encroachment and use of the easement is as follows:
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Printed'Name of Property Owner
Signature of Property'O-caner
Address
City State Zip
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Telephone
Fax Number
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Easement Joint Use Agreement
THE STATE OF TEXAS §
COUNTY OF _Ta-t- r CZh { §
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
Pr 0.,v fte , herein after referred to as "Applicant," to use an easement, situated on or
abutting LOT `, BLOCK , OF C r e 1 C d, r1 i We-'J0hT-5 IN THE CITY OF
SOUTHLAKE, TEXAS, as described on the attached Exhibit No. 1, depicte graphically on the attached EXHIBIT
No. 2 and consented to by the public utility companies ps listed on the attached EXHIBIT No. 3, to be used for the
pu rposes of I n 3 t a I I Q._.-f 1'0 n o 4 pL- W 0o d 6- t r p n Fen ca
cLA _ Q-en r ( cLr d- _ 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 hind 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 1 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.
0A00-New N DriveIADMINISTRATION-PW DEPTIForms\AgreementsVoint Use and Encroachment Agreement - Pub lie Easement-2022 Update.doex
V.
This agreement shaJJ 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 r day of
20
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r; City of Southlake
Printed Name 1
B 1 ~i By:
Applicant's Signature Mayor
NOTE: Complete the attached acknowledgements.
Note: Only complete the appropriate acknowledgements
THE STATE OF TEXAS §
COUNTY OF TARRANT §
Corporate 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 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
My Commission Expires:
THE STATE OF TEXAS §
COUNTY OF TARRANT §
Notary Public in and for the State of Texas
Individual Acknowledgment
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally
appeared P raye p=n C ti ¢ , 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,
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� . 'ft-NeWNfd�rHAND A SEAT_ OF OFFICE this the 2-8+ y of June, 20 23.
MY Commission Expires
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My Commission Expires:
O 2. 2 e 2 Q 1 L/ NUary Public in and for theLgWe of Texas
THE STATE OF TEXAS §
COUNTY OF TARRANT §
Crty_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
C tcs c en4 H c.: a hf 5 Addition/Survey to the City of Southlake, Tarrant County, Texas, and being
more particularly described by metes and bounds as follows:
BOUNDARY SURVEY .
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BRIAN S. RHODES Registered Professional Land Surveyor (972) 475-8940
This is to certify that I have, this date, made a careful and accurate survey on the ground of property
located at No. 900 STACY DRIVE , in the city of SOUTHLAKE Texas.
Lot No. 36 + Block No. A
of CRESCENT HEIGHTS ADDITION an addition in the city of
SOUTHLAKE. TARRANT COUNTY Texas according to the PLAT THEREOF RECORDED
in INSTRUMENT NO. at D220010360 of the MAP records of TARRANT COUNTY, TEXAS.
BLOCK 1 OF GINGER CREEK ADD ION
VOL. 386-170, PG. 70
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THE ABOVE DESCRIBED PROPERTY �
DOES NOT LIE IN A FLOOD HAZARD V T/� ::;>> TES PAD A
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CU IY PANEL NO.
ZONE NE XX. 48439COOBSK, 09/25/2069 /" _`
THIS CERTIFICATEON DOES NOT ;1 LP
TAKE INTO CONSIDERATION
ADDITIONAL FACTS THAT AN
ACCURATE TITLE SEARCH AND OR
EXAMINATION MIGHT DISCLOSE.
1529 E. 1-30. W. 106 - GARLAND, TX 75D43 - FIRM REGISTRATION NO. 10194052
The plat hereon is true, correct, and accurate representation of the property
as determined by survey, the lines and dimensions of said property being as
indicated by the plat:the size, location and type of building and improvements
are as shown, all improvements being within the boundaries of the property, set
back from property lines the distance indicated, or visible and apparent easements.
TITLE AND ABSTRACTING WORK FURNISHED BY HOLMES BUILDERS
THERE ARE NO ENCROACHMENTS, CONFLICTS, OR PROTRUSIONS, EXCEPT AS SHOWN.
Scale: 1' = 40' USE OF THIS SURVEY FOR ANY OTHER PURPOSE
Dote: 06/29/2021 OR OTHER PARTIES SHALL BE AT THEIR RISK AND
UNDERSIGNED IS NOT RESPONSIBLE TO OTHER FOR
G. F. No.: - ANY LOSS RESULTING THEREFROM.
THIS SURVEY WAS PERFORMED EXCLUSIVELY FOR
Job no.: 109405 HOLMES BUILDERS
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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.
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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 1 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.
Bv:
(Please Print)
Title:
(Please Print)
Signature:
Atmos Energy
By:
(Please Print)
Title:
(Please Print)
Signature:
AT&T 1 Southwestern Bell Telephone Comoan
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:
Signature:
(Please Print)
SERVICE PROVIDER CONTACTS FOR
EASEMENTS IN SOUTHLAKE
Oncor Electric Deliver
Budd Rodgers, Distribution ROW Agent
109 Crestwood Lane
5pringtown, 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
Charier 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