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Crescent Heights (Lot 36, Block A) 23 - Easement Joint Use Agreement • .W/) APPLICATION FOR ENCROACHMENT AND JOINT USE AGREEMENT OF A PUBLIC DRAINAGE AND I OR UTILITY EASEMENT /7c 12$ Date of Submittal To the City of South lake: The undersigned hereby makes application to allow an encroachment and joint use of a portion of the public drains an I or utility easement situated on or abutting property located at 48 _,+-4►r 1 Pteut , 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: I n S 1 l V V O I J E L 'r'. Pe_A c c Q i (ea(-' 4(1. pi iw r Iv1 C= .t Printed.Name of Property Owner Telephone Signature of Property'Owner Fax Number 1 A • Address 4C)(r City state Zip • Nmi Easement Joint Use Agreement THE STATE OF TEXAS § COUNTY OF Ta.+r r 4r+ § 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 P r E fte herein after referred to as "Applicant," to use an easement, situated on or abutting LOT 3 Co , BLOCK A , OF C r e 5 C e.n 4 N e.. ht.,9 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 s listed on the attached EXHIBIT No. 3,to be used for the purposes of I n s -f o_I l o._.-f I o n o-f o_ Woo d v- l r on Fen Cp. a Q eo_r Y a_r Ct. 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. ll. 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 DEP11Forms\AgreementsVoint 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 r - r day of .,hilr ,20 2 . City of Southlake Printed Name By: 1 �t?�c`. By. Applicant's Signature U•r - `��I1111111//�l` \\\.�vSHLAir 'i0 1 1, ST: • I A NOTE: Complete the attached acknowledgements. r o; %••J�,c AMY, ELLEYiR�IIIC CITY CRETAOA'• iti//11111111\�� • Note: Only complete the appropriate acknowledgements I THE STATE OF TEXAS § Corporate Acknowledgment COUNTY OF TARRANT § I 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 I Notary Public in and for the State of Texas My Commission Expires: THE STATE OF TEXAS § Individual Acknowledgment 1 COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared P ra.ve eon £t} a , 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 I expressed. `'RY NOM� tdflkrHAND A. I SEAL OF OFFICE this the 28*�ay of dune, 20 23. My Commission Expires 1 y.. ,' 02/28/2024 1j .-- ID No.8102117 OF N ry Public in and for th e of Texas My Commission Expires: 0 2 f 2 e / 2 0 2 y _ THE STATE OF TEXAS § --- City of South lake Acknowledgment COUNTY OF TARRANT § BEFORE ME, the undersi ned authority, a Notary Public in and for the State of Texas, on this day personally appeared 5011n. k\'J- COIN , known to me to be the person and officer whose name is subscribef to the foregoing instrument and acknowledged to me that same was the act of said Ck at atA'�l(A� a municipal corporation, and that he executed same for the purposes and cons) ration therein expressed and in the capacity therein stated. I R rro'.140 H FFFICE this the Iat day of �cepri h , 202`3 ', :,;;L,, TIFFANY COOPER .....,,,, •: M Notary ID#134137307 ..„ .N. �\ .y; Expires January 10,20277...,_.,_:, Pur in and for he State of Texas My Commission Expires: rj\I 10 (i0v7 EXHIBIT NO. 1 Being that portion of that certain public utility easement / drainage easement situated in C res c e.ti 1 c.19 ht g Addition/Survey to the City of Southlake, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: eTovae8�1• BOUNDARY SURVEYilE, El '%DES �- . Nis"s Know what's o w.you ❑ `` Call before you dig. �1 u1Vty Ill IOIIES$L'R\'1{V1NG CO41 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 SOUTH LAKE 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 ADDI ION VOL. 388-170, PG. 70 N 01'15'49" E 125 00' --1 20' UITLITY EASEMENT A -rim °� 36 I--- 0.7622 ACRES N 33.203 SOFT. U') co co N tp cn N 0� 0 ¢_ o W 8 Ni N 37 o ro 35 s io s co co N ( 900 ) 35•et Pt CORryER 2¢9.6p• 2 / R OF C MRp S/OF ACe EDE� P7 C Qj 35 G C071 f AWD[gry o0 MVO V ^a,"--,/iq r. MEA,r �„J , � s C> THE ABOVE DESCRIBED PROPERTY T ra O TRANS PAD DOES NOT LIE IN A FLOOD HAZARD �/ Onik AREA ACCORDING TO THE F.E.MA w FLOOD INSURANCE RATE MAP '�c ... r ,i, ` COMMUNITY PANEL NO. �"� ZONE X. 48439COO85K, 09/25/2009 OR/�/^ �/ �-�OGY�f -\V YC 1a ' C�(�' THIS CERTIFICATION DOES NOT S 1,_1 A.6 V TAKE INTO CONSIDERATION ADDITIONAL FACTS THAT AN G�J ACCURATE TITLE SEARCH AND OR EXAMINATION MIGHT DISCLOSE. 1529 E. I-30, STE. 106 - GARLAND, TX 75043 - FIRM REGISTRATION NO. 10194052 The plat hereon is true, correct, and accurate representation of the property LEGEND os determined by survey, the lines and dimensions of said property being as ICCO FDCF-N-Ica — ' . indicated by the plat:the size, location and type of building and Improvements N iE • E 9O91aW15 LIE MN -S E OF jf, are as shown, all improvements being within the boundaries of the property, set WE FENCE-X- "".v ' 1p.•• t5T • -t9 ' in from property lines the distance indicated, or visible and apparent easements. _1101Rt1O/R ec Rum cc • c.,. ,_G 're0 ,p • TITLE AND ABSTRACTING WORK FURNISHED BY HOLMES BUILDERS .. 1/2'FCC Roo FOLIO . tilWF7 .1/1'ttLAt-CAPPED NON ROD 21 THERE ARE NO ENCROACHMENTS, CONFLICTS, OR PROTRUSIONS,EXCEPT AS SHOWN. -SET'X' BRIAN S. RHODES 1/2 pNNOE-CAPPED RCN ROO FOUND Scale: 1' = 40' USE OF THIS SURVEY FOR ANY OTHER PURPOSE . 5/8 NON ACC FOOT Date: 06/29/2021 OR OTHER PARSES SHALL BE AT THEIR RISK AND en e.FOODA, 5962 - UNDERSIGNED IS NOT RESPONSIBLE TO OTHER FOR a-CAHE ctrr-s1RE •-, as ANY LOSS RESULTING THEREFROM. -CAS RODER �l��_•,y02� G. F. No.: - ��.-FRE LEIEt IREPI ODIC 6�/7t THIS SURVEY WAS PERFORMED EXCLUSIVELY FOR .-FiE Ift'ORIIII T 1F1ERtlEE j�' P.. Job no.: 109405 HOLMES BUILDERS ..I -MD KU w 'µtut 1E1En jj W-NWIIOLE v tG1EN Mbi. 1% \4, Drown by: C.PUNI ( UNLESS OTHERWISE NOTED ) 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. r.tR lreQ __ BLOCK A rt� '-� .. ,, t '.t""" a ...-- 6 WYAIIO W—_ \ ill WAMii,rtitird AM DCI I NJLbtR 1 •,,.�.n.w, �IAS i,.Erarne..w,awnacaeEp.xn,leril.w..1. 170 of EETHE STAIEE r n,112 f011n00.1 Co r.IL It lb.t T II 900 STACY DRIVE I • ,..f H L 1 }I ®' i - NEW RESIDENCE _ _ i i LOT 36 BLOCK A II _ r-��(1ryF`' i•3 9E -`-CRESCENT HEIGHTS ! t' -I -!.I-' fi SOUTHIAKE,TX 'j-_. n'�U- ,}' ;•. • i LOT COVERAGE 17.8% I 1 - t1 __l _�� .r FINAL t: • �' PLANScn I - 1 �,' -? - oo� _ E at -— -I " "" C9 .���. w w I MI I— ?wI- 2 7�B;uN-VICINIT — —.�_—_____..- -- Ce 0 o CO ILI al II ' — __, f— — - • �Uz ��1 `I CUCO %'. • 15'SIDE SETBACK I t.r. \ ss 1 1. K— r .. —_._. Co I -- I• 0 : ..::. tu • _ ,w .E f I( n i .1 - X I 1II I - II + } /'i t1' I 11 --_ 900 STACY I N Y - Jl.:II � I___1 • '-mwtw L, r i Ki 'Py ( 'LOT 38 BLOCK CRSEOUTSCEHNLAKT HEEIGTHr$ ' i , .!qit = I�rL g — _b' 4 4C� —Ts . .P I LOT COVERAGE-17.8% ' • .,( • i 1 _ 1 .... .., 1 —l -. s EEa.. -- E} rST'�7tr i—� • I— „.. — -- i J 2o2t • ._.- ._ _ �� --ls CO SET . / • '1rEn.ui B • Ui I 07 28 IS SIDE SETBACK As - { ..r b2. T •I t if i PROPERTYLINE 1wE,r�,_� ! ..,,. ._-._-...—� ~ .,. .) • We PLAN • Matta I 1 Y•,5AN ' A00 1 L/i11 Jt .44 Wood Fence by 300 Sanctuary Ant mu�nrnA_ -. 2 SITE PLAN VICINITY 10 IS'SIDE SETBACK t Noal LLI r E :E E IA w IX 6 :e 900 STACY DRIVE - r >> NEW RESIDENCE j LOT JB BLOCK A [Gent, a CRESCENT HEIGHTS by SOUTHLAKE,TX 4i _ LOT COVERAGE=17.8% �_ tt 6' High Iron FenceII sa e3 S.' r 1.T 1, ir ....... ,5'SIDE SETBACK • . 2 i 141 PROPERTY LINE a.,Y ...,.w 1 TITAN 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 I 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) N/A (Please Print) Title: Title: N/A (Please Print) (Please Print) Signature: Signature: Verizon Telephone Company Tri-County Electric Company By: By: (Please Print) (Please Print) Title: N/A Tit N/A (Please Print) (Please Print) Signature: Signature: Charter Communications, Inc. (City of Southlake ``````��t$L �//''' By: By: bhlrl • .'' (Please Print) (Ple t�C: • �� taw Title: A Title: r ' } I I (Please Print) lease Signature: Signature: �.`� 11( ``\` Atmos Energy By: (Please Print) N/A Title: (Please Print) Signature: 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/Southwestern 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) Maria 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