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�
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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
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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