Hawkwood Addition (Lot 2, Block A) - Easement Joint Use Agreement ORIGINAL DOCUMENT
CITY OF SOUTIMA K
Council Action: r
Ord./Res.No. G(M(SPv•-,
Date Approved _-/ (e I al__
APPLICATION FOR ENCROACHMENT AND JOINT USE AGREEMENT /
OF A PUBLIC DRAINAGE AND I 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 214-578-1709
Printed Name of Pro erty Owner Telephone
866-464-8315
Signature of Property Owner Fax Number
1704 Kingsley Court
Address
Southlake TX 76092
City State Zip
13
Easemen 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
nog k'n9sley , herein aft.eir referred to as "Applicant," to se an easement, situated on or
abutting LOT 2 BLOCK )::} , OF t-lk W V.WDO , CV) IN THE CITY OF
SOUTHLAKE, TEXAS, as described on the attached Exhibit No. 1, depicted graphically on the attached EXHIBIT
No. 2 and consented o by the public utility companies as listed on the attached EXHIBIT No. 3, to be used for the
purposes of J'\
and being subject to the following conditions:
I.
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.
II.
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.
U:\00-New N Drive.ADMINISTRATION-PW DEPT\Forms\AgreementsVoint Use and Encroachment Agreement-Public Easement-_'022 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 co day of
Q a , 20 P4 .
Ca r y P( rt z-- V
City of Southlake
Printed Name By: y:
Applicant's Signature M y '
NOTE: Complete the attached acknowledgements. o .•'
AMY LE , TRMC:' . • y r
�n -
'ITv _CRETARY
i
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Note: Only complete the appropriate acknowledgements
THE STATE OF TEXAS § Corporate Acknowledgment
COUNTY OF TARRANT §
BEFORE 1\1E, the un rsigned authority, A Notary Public in and for the State of Texas, on this day personally
appeared Cat >G EV . , known to me to be the person and officer whose name is
subs ribed to the' fore oin instrument and acknowledged to me that same was the act of said
Drh �,t rporation, and that he executed same for the purposes and consideration
therein expressed and In the capacity therein stated.
GIV 'v�1 ��MY HAminiwititAL Ut'OFFICE this the )-to day of kits
jYalf
f=Notary Public,State of Texas
V•tN,'W Comm.Expires 10-31-2025
'',;t•••... Notary ID 129812189 �NotarylP�b lc i5.----K-S--C))/'-
°,;, \‘‘ d for the Sta of Texas
IIVJJ i
My Commission Expires: 6-fl 4 - 3 I }
THE STATE OF TEXAS § Individual Acknowledgment iT
COUNTY OF TARRANT
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
Notary Public in and for the State of Texas
ii My Commission Expires:
1.
• THE STATE OF TEXAS § City of Southlake Acknowledgment
COUNTY OF TARRANT §
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 , 20 .
Notary Public in and for the State of Texas
My Commission Expires:
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r REDINGER GROUP, L LC
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
0•17‘04..
Clayton T. Redinger, P.E.
President
RG Project No. - 1015-00
P.O. Box 93206 - Southlake, Texas 76092 - Phone: (817) 253-5727
ORIGINAL DOCUMENT
CITY OF SOUTI-ILAKE
Council Action:,
Ord./Res.No. r�ygu.ib
Date Approved a 'L€f-,-
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
11 K)n�sJe_y �� . , 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:
Pcfl Le,
lDonha. Cooper. $17- 13y $aoS
Printed Na o n Telephone
Signatur Fax Number
a,,5o1 PanK 63vv ve iNoop
Address
5014 /4 ke Ix 71L09�
City State Zip
Easement Joint Use Agreement
THE STATE OF TEXAS §
COUNTY OF►0. §
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
e9 t::(Ns 6 Cr" , herein after referred to as "Applicant," to use an easement, situated on or
abutting LOT" 3 , BLOCK A , OF ikQ„j V.10%,004 adder; O'n 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 -e-eX%CA seis-
and being subject to the following conditions:
I.
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.
II.
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 DEPT\Forms\.AgreementsUoint Use and Encroachment Agreement-Public Fasemcnt-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 ESTIMONY WHER OF, Applicant executes this Easement Agreement on this �a ham+,
day of
, 200 .
V Vey-e Z /�� II City of Southlake
Prin ed Name 1 V
By: By:
Applicant's Signature M yor
`%%%I U I I I,,,,,
NOTE: Complete the attached acknowledgements. i ``�� �g0�?HC:/F,".��
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ArA ::,-- •
AMIT L ,
'% Y! . CRETARYEYTI MC
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Note: Only complete the appropriate acknowledgements — men—
cknowled
THE STATE OF TEXAS § Corporate A a
COUNTY OF TARRANT § i
•
BEFORE ME, th,\ and rsigned authority, A Notary Public in and for the State of Texas, on this day personally
appeared`At �►, Al t r{ I`_ , known to me to be the m personhat same waslef the whose
act ofme is
said
subscribed to the'_fforregoing instrument and acknowledged
'(tambwrks 0rton ', a corporation, and that he executed same for the purposes and consideration
therein expressed and in the capacity therein stated. \\
IVA N A
,, EJJ MY HANDIA tf AL O'OFFICE this the as day of )R(Wu1, 20 , 14
=r:•' ;,-Notary Public,State of Texas
_':`• ..�= Comm.Expires 10-31-2025 '�
°4-,;;,`„,`� Notary ID 129612169
r _ Notary P c in a for the State of Texas
y Commission Expires: 0 W^ 0 W 31 ao a IC
HE STATE OF TEXAS § Individual Acknowledgment
OUNTY OF TARRANT §
EFORE 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
i expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of , 20
Notary Public in and for the State of Texas
My Commission Expires:
THE STATE OF TEXAS § City of Southlake Acknowledgment
COUNTY OF TARRANT §
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
.ubscribed 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
•nsideration therein expressed and in the capacity therein stated.
IVEN UNDER MY HAND AND SEAL OFFFICE this the day of , 20_
Notary Public in and for the State of Texas
y Commission Expires:
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HAMILTON DUFFY,P.C.
Civil& Environmental Engineers •Planners • Construction Managers
Texas Reg. No. F-5260
January 19, 2024
Sandy Endy,P.E.
City of Southlake
1400 Main Street
Suite 320
Southlake, 7'X 76092
RE: Drainage Verification in support of
Encroachment Agreement for
1708 Kingsley Ct
Lot 3, Block A—Hawkwood Addition
Southlake,Texas
Dear Sandy:
We write this letter per the request of Lambert's Ornamental Iron. They are the contractor for the owner
of the property listed above. The owner wishes to build an 8' wood fence along the sides and rear of the
lot. The proposed fence must cross an existing 10' drainage easement along the rear of the lot. Owner
has filled out an application for encroachment into this easement with the proposed fence.
We understand that this agreement will go before City Council for its approval. We have prepared the
following statement in support of the agreement as follows:
1) Engineering Record Drawings show that the general intent of this easement is for stormwater to
run along the rear property line of this lot in a west to east manner within the 10' drainage
easement. Per the attachment, the side fence within the 10' drainage easement will be 8'with 7'
of the top being wood and 1' iron at the bottom to allow passage of water. The remainder of the
side fence going toward the street(south)will be 8' wood. Per the attachment,we have also
included a detail of the entire rear fence. Said rear fence will be 8' tall with 7' of the top being
wood and 1' iron at the bottom to allow passage of water from the northern lot.
It is our conclusion that the proposed fences will have no bearing on the function of the existing 10'
drainage easement as water will not be impeded and will be allowed to pass through the iron portion of
fence. As a consulting engineer with many years experience in residential development, we verify that
this property and surrounding properties should not be impacted in an adverse way in regard to drainage
due to the construction of the proposed fences. If you have any questions or require further information,
please contact my office. 1
��4
.10
Sincerely, Hof• i 11
HAMILTON DUFFY, P.C. r •t •
KEITH M. HAMILTON i
Keith Hamilton, P.E. fa. 87384 . 1
•
Attachment '��•�SSJ ENS N`?x�e%� !^
qt mod" l"1.
xc: Carly Perez, Lambert's Ornamental Iron 1
8241 Mid-Cities Blvd., #100 North Richland Hills, TX 76182
(817) 268-0408 www.hamiltonduffy.com
8 7 ' WOOD
FENCE
OPENING IN IRON
TO ALLOW FLOW OF
/ WATER
_
FLOW 1 ' IRON FLOW
,
SECT ION A . A
NTS
8 7 ' WOOD
FENCE
OPENING IN IRON
TO ALLOW FLOW OF
/ WATER
SWALE __
1 ' IRON FLOW
1 i
SECT ION B . B
NTS
1708 KINGSLEY CT
LOT 3 , BLOCK A - KINGSLEY COURT
SOUTHLAKE . TEXAS