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Item 4E - Encroachment AgreementTHE STATE XAS COUNry O Be it known, that the City of Soulhlake, herein after referred to as "City,'and its franchised Ulility Companies, herern reierreci io asKzltt Clttt-tg1 "Utiiities," do consent and agree to permit the following , here s s abuttng L--7F,elocx in afte-r referred to as "ApDlicant," to use an easemenl, situated on or oF trfiltd tto.llt Ammol ttirHECtryoF SOUTHLAKE, TEXAS, as described on the attached Exhibit No. 1, depicted graphically on lhe attached EXHIBIT No. 2 purpo and consenled to bv lhe public utility companies as listed on the attached EXHIBIT No. 3, to be used for the ses of #.ilctr.l a 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 thereoni and, lhal City and Utilities shall not become responsible for such maintenance al any iime in the future. il. 1621 159 Atplicant shall and does hereby agree to indemnify and hold harmless the City and the Lltilities 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 acl of omission, neglect or wrong doing of Applicanl, his officers, agents, employees, invitees or other persons, wth 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 ciaims and demands. t_ That the Applicant shall anange for all activities and improvements in the easements to be discontinued and / or rsmoved wilhin thirty {30) days of writt$ noti{ication, at the discrelion of City, for:(1) Lack of maintenancB to the easoment;(2) Failure to provide accass to the City or its designeesi or(3) Compliance wilh a Qily Council di!'eclive !ha! lse ot lhe easemEnt hy the Applicant I'A discontinued and lhe cost associated with the discontinuing of such activities, and the removal of such improvements, as well as property adjacent to the easemenl necessitated by such discontinuation of the easement, shall be borne by the Applicant. 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:\oo-New N Dive\ADMINISTR ATION-PW DEPT\Form\\Agrcernorl{[oint l,se n d Fncnuchmenr ABreem€rlt - Puhlio Easement-2o?2 t,p&I€ rli).x Easement Joint Use Aoreement APPLICAT!ON FOR ENCROACHMENT AND JOINT USE AGREEMENT OF A PUBLIC DRAINAGE AND / OR UTILITY EASEMENT Z h 7 Date bmiltal To the City of Southlake The undersigned hereby makes application to allow an encroachment and joint use of a portion of the public drainaoe/lL,and I ore. >/e utilitv easemenl situatedl%+9 and described on or abutting property located at by metes and bounds in Exhibit No. 1 of the attiched agreemenl. The reason for the encroachment and use of the easemenl is as follows: Wsroctltrtu Ftlzt Hle,t (lku- rf l ql7--tZ1- Fq 7 Printed Name of Prop Owner Signature of Prop nL' t.tut ?-to Telephone D Fax Number Address **,.trlit^-f/ Tcoqz V. This agreement shall be filed of record in lhe Deed Records of Tarrant County, Texas, and shall bind owners of this lot and shall for all purposes be considered a covenant running with "" Tr,tu all future day ofONYF, Applicant executes this Easement Agreement on this 20 l4eut I Printed Name By: Applicanl's NOTE: Complete the attached acknowledgements. City of Southlake By: Mayor Note: Only complete the appropriate acknowledgements THE STATE OF TEXAS S couNTY oF TARRANT S Corporate Acknowledqment BEFORE ME, the undersigned authority, A Notary Public in and for the State of Texas, on this day personaltyappeared , known to me to be the person and officer whose name is subscribed to he. Ioiegoing instr-umehf and acknowledged to me that same was the act of sard a corporation, and that he execuled same for the purposes and consideration therein expressed and in lhe capacity therein stated. GIVEN UNDER MY HAND AND SEAL oF OFFICE this the _ day of ?0_. Notary Public in and lor the State of Texas My Commission Expires: THE STATE OF TEXAS COUNTY OF TARRANT / BEFORE M s s lndividual Acknowledoment a Nolary Public in and for the State of Texas, on lhis day personallye appeared , known to me to be the person whose name is subscribed to the foregoing i ment and acknowledged to me that he execute d same for the purposes and consideration therein expressed. GIVEN UNDER N4Y HAND AND SEAL OF OFFICE this t wo^,0 * ll l? %L+ry lna the State Texasd My Commission Expires: THE STATE OF TEXAS COUNTY OF TARRANT s AJ BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared known to me lo be the person and ofrlcer whose name is subscribed to lhe foregoing instrument and acknowledged 10 me that same was lhe acl of said a municipal corporation, and that he executed same for the purposes and consideration therein expressed and rn the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OFFFICE this the day of 20 oxosTolStltoc,bliPtlNotrrY 2024 Notr(Y tD 132 My Commission Expires: Nolary Public in and for the State of Texas SPICIAL FEt'lCE l'165 E. Do/o hod, Soulhlok6, Tx l.ot 64, F. Ilrcop tb. 16l I Addfb.r IANO'At tt tx,zrt lo,ltrfr-,DD'S Prorcr rio 2zx{ I rGEr rc. qlllrl !.8 or.r}EtvE SITE PLAN t ts 6tLa2 29'r 4a ,{7 0 SCALE IN FEEIt INCH = 40 FEET SPECIAL FENCE DETAIL 7 FT WOOD PICKET ENCING o q; I FT IETAL ENCING PICKETS e 4' oN CENTER HOR|Z. CUSTOM FABRICATED. o -.:tl INCH=2FT I'IOIE r TI€ (EE OF THIS SPECIAL FENCE ALOTiG TIf SOUT]1 PROPERIY LT€ OF LOT 52 W{-L EI.ISTRE NO LOSS OF COT{VEYAI,ICE FOR THE DRAII{AGE iTOVT.IG FROIi.! 50UTH T0 t'loflTH AND WLL MAlNTAltl THE DRAINAC€ PATTERiE APPROVED WITH THE 9UBOIVISION Jte' E d t' l - ti.. adr.a 10Fl N A + A I\U SPECIAL FENCE LOCATION I I I I I \ ffiE 116 E txltE Fo ---n'-1