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Item 4E - Encroachment Agreement-2APPLICATION FOR ENCROACHMENT AND JOINT USE AGREEMENT OF A PUBLIC DRAINAGE AND / OR UTILITY EASEMENT 1 /23/2024 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 Lot 2, Block A, City of Southlake, Texas 76092 , 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: to maximize the size and use of the western sideyard and the backyard of the lot which will not interfere with the purpose of the easement Brent Chandler Printed Name of Pro �ewner i Signature of Property Owner 1704 Kingsley Court Address Southlake TX 76092 City State Zip 214-578-1709 Telephone 866-464-8315 Fax Number As 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 s "Utilities," do consent and agree to permit the following I10y kind ,>ey 14" herein aft. referred to as "Applicant," to an easement, situated on or abutting LOTS_, LOCK, OF & W 1G1�1` XMJ �AOUJ (na 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 -' PZfX [AA� 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. 0:\00-New N Drive`,ADMINISTRATION-PW DEPT\Forms\AgreementsUoint 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 T STIMONY WHEREOF, Applicant executes this Easement Agreement on this �e day of CL a 20 0 Q 1 \ q ?,c r`r_ Z_ City of Southlake Printed Name By: Applicant's Signature NOTE: Complete the attached acknowledgements. By: Mayor Note: Only complete the appropriate acknowledgements THE STATE OF TEXAS _ § Corporate Acknowledgment COUNTY OF TARRANT § BEFORE tFT un rsigned authority, A Notary Public in and for the State of Texas, on this day personally j appeared % 1 U known to me to be the person and officer whose name is subs abed to th fore oin instrument and acknowledged to me that same was the act of said L r Onn �,10Mrporation, and that he executed same for the purposes and consideration therein expressed and In the capacity therein stated. GIV OFFICE this the dayof �apr Notary Public,L129612169 f Texas �t= Comm. Expir-2025 rO A 0 , �'• ;;,%��� Notary ID Nobtaryis i nd for the Stale of Texas My Commission Expires: 2� D � � a v- THE STATE OF TEXAS § COUNTY OF TARRANT § Individual 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 whose name is subscribed to the foregoing instrument and acknowledged to me that he executed same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of , 20 My Commission Expires: I hit S 1 A I L UF- I LXA5 § COUNTY OF TARRANT § Notary Public in and for the State of Texas City 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 I RIV., f - II T #hUrMW.Q%I Ttxa-.1,. 11 40 ;PLOOD NOTE t: + 4&,,6 d Zqno ..x.. ICU hm' pit FV A. 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SU P V � X Firm # 101,94177RP �. >...�.IF -.....-. _�_..__•::-t-ti•`i't.'_•__a_•�,• t-v-_-.:-:,:,{.i.:.f,.-.it.,--_•_' �.,-.. ... _ _ .__ ... _.. .__... _ ..___... .. .. .. - _ .. - - _�.wx ,. >_ xa. �--`r+_z...-.+��+-+.-_ - - - --. ------ . _-- - I 0 c e MR C 0 CD } r REDINGER GROUP, LLC 7 CIVIL ENGINEERING - PLANNING • CONSTRUCTION SERVICES January 25th, 2024 Sandy Endy, P.E., Development Engineer Planning Department City of Southlake 1400 Main Street Suite 320 Southlake, TX 76092 RE: Drainage Letter in support of Encroachment Agreement for 1704 Kingsley Court Lot 10, Block A — Hawkwood Addition Southlake, Texas Dear Sandy Endy, P.E., This letter is provided at the request of Calais Custom Homes, the homebuilder of the single-family residence at the address listed above. The owner of the property wishes to construct a 6' ornamental iron fence within a 30' drainage easement along the western property line. This letter is intended to accompany an application for encroachment into this easement with an iron fence. It understood the encroachment agreement requires City Council approval prior to fence construction. Please accept the following statement in support of the agreement evaluation: Engineering record drawings for the subdivision show the general intent of the easement is to convey stormwater flowing north to south over and along the western portion of the lot. The fencing proposed within this area will be open fencing. It is our conclusion that this style of fencing placed within the subject drainage easement will have no significant negative impact on the flow of stormwater through the existing drainage easement. Furthermore, we confirm that the subject property nor surrounding properties should experience drainage related adverse impacts as a result of the installation of open fencing within the drainage easement. If you have any questions or need additional engineering related information to assist in the evaluation of the encroachment agreement, please contact my office. Respectfully, Redinger Group, LLC Clayton T. Redinger, P.E. President RG Project No. - 1015-00 P.O. Box 93206 -Southlake, Texas 76092 -Phone: (817) 253-5727