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Item 4H- Encroachment Agreement - 1223 Timberline1§1 INSTRUCTIONS FOR COMPLETING AN ENCROACHMENT AND JOINT USE AGREEMENT OF A PUBLIC EASEMENT All forms shall be signed in ink only by a property owner, legal partner or corporate officer. An authorized agent of the landowner must submit a Power of Attorney. PLEASE SUBMIT ALL OF THE FOLLOWING REQUIRED DOCUMENTS: 1. One copy of the Application with an original signature. 2. One copy of the Easement Joint Use Agreement with an original signature, signed and notarized. Do not submit copies of signatures and notary acknowledgments. 3. One copy of EXHIBIT NO. 1 that contains the precise metes and bounds description of the part of the easement to be used. This information is best provided by a registered land survevor. Note that the City staff is not authorized to prepare this information. Do not place drawings or plats on this exhibit. 4. One copy of EXHIBIT NO. 2 which shows in graphic form the nature of the encroachment with dimensions. Please limit the area of usage of the easement to only that needed to accommodate your needs. Plans or drawings may be reduced, provided the final document is legible. City staff will make final decision on legibility. 5. The Public Works Department may require an additional EXHIBIT NO. 2A which may include a detailed drawing or cross sectional drawings of decks, signs, retaining walls, fences, driveways, piers, footings, etc. to fully evaluate the extent of the encroachment 6. One copy of EXHIBIT NO. 3 with original signatures, signed by all agencies listed regardless of whether they have utility equipment in the easement. This will need to be done before submitting to the City of Southlake. 7. After this agreement is filled out, you will need to return it to Public Works Department and pay: • The Public Easement Encroachment Permit Fee of $155. 8. This agreement will be circulated through the Public Works, Planning and Development and Building Inspection Departments within the City of Southlake. Please allow approximately seven to ten working days to complete the circulation process. 9. This agreement's final review and approval rests with the Director of Public Works. 10. After approval by the Director of Public Works, a copy of the signed agreement is forwarded to the Building Permit Department for retention in any pending permit files, a copy is retained in the Public Works Department and a copy is sent to the applicant for their records. Submit these documents to: City of Southlake Department of Public Works 1400 Main Street, Suite 320 Southlake, TX 76092 O:\00-New N Drive\ADMINISTRATION-PW DEPT\Forms\Agreements\Joint Use and Encroachment Agreement - Public Easement-2022 Update.docx APPLICATION FOR ENCROACHMENT AND JOINT USE AGREEMENT OF A PUBLIC DRAINAGE AND / OR UTILITY EASEMENT 4/30/2024 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 H. Decker No. 438 Addition. Lot-9 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: The proposed retaining wall is located within the 5' utility easement and will require an encroachment agreement. Shamsul Alam 817-907-6365 Printed Name of Property Owner Telephone , :�4"Zj Signature of Property Owner Fax Number 1223 Timberline Ct Address Southlake TX 76092 City State Zip u Easement Joint Use Aqreement 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 as "Utilities," do consent and agree to permit the following Shamsul Alam , herein after referred to as "Applicant," to use an easement, situated on or abutting LOT 9 BLOCK , OF H. Decker No. 438 Addition 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 The proposed retaininq wall is located within the 5' utility easement and will require an encroachment agreement. 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. By 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\Agreements\Joint 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 30 day of April 20 24 Shamsul Alam City of Southlake Printed Name By By: Applicant's Signature Mayor NOTE: Complete the attached acknowledgements. Note: Only complete the appropriate acknowledgements _......... ... ._... ...... _..... .... _..... _.......... _......_.... ...._..... _......... _ THE STATE OF TEXAS § Corporate 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 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 Notary Public in and for the State of Texas My Commission Expires: PTHE STATE OF TEXAS § Individual Acknowledgment OUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared,5AV/ 7,%/L /4L6//" , 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. I GIVEN UNDER MY HAND AND SEAL OF OFFICE this theL4__y � - 20 . "'•, DARLENE WELSTEAD *: *: My Notary ID # 134839004 f to u is in nd for Stat 'texas M Commission Expires. '>� *' hi 5, 2028 Y P R: ��' ExAlias-BP „. . THE STATE OF TEXAS § COUNTY OF TARRANT § Citv 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 , 20_ Notary Public in and for the State of Texas My Commission Expires: EXHIBIT NO. 1 Being that portion of that certain public utility easement / drainage easement situated in H. Decker No. 438 addition. Lot-9 Addition/Survey to the City of Southlake, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: POINT OF PORTION OF PORTION OF EASEMENT MARK D. WILLOUGHBY COMMENCING 1/2' YCIRF EASEMENT UNAFFECTED AFFECTED BY ENCROACHMENT AND WIFE, "GOLF" BEARS r59 SQ. FT. OR 0.017 AC. 474 SQ. FT. OR 0.011 AC. TRACY V. WILLOUGHBY / NOD•46'21'W 2.05' VOL. 10439, PG. 999 4.0' N89'34'26"E 115.87' _ N89'34 6"E 40.87' S00'25'34"E N39'10'04"E S89'34'26"W 121.24' 5.00' 5.19' o> 5' UTILITY EASEMENT �\ PROPOSED IMPROVEMENTS m INST. NO. D210108188 \ 0)o _ (RETAINING WALL) S27'43'30"E 4.50' — W Z POINT OF \ PORTION OD i C rn o BEGINNING I PROPOSED EASEMENT UNAFFECTED O \ IMPROVEMENTS 759 SQ. FT. OR 0.017 AC. oZ � I (SINGLE FAMILY HOME)) Ln D m LOT \\ H. DECKER NO. 438 AD INST. NO. \I W , \ \ 199433 SQ. FT. 2OR 111 08AC. N89'34'26"E 246.64' (OVERALL) - zCl) w v zM U� O c z 0 X F p oo= ;z o0 0-1 0 >11 pr coz o0TI m o z 1 00 1/2" YCIRF ao D 'COLE" BEARS N12'56'22"E 0.92' - - 00 ------------� 1/2' -IR-S 1/2" IRF 1/2' IRF r CONTROLLING MONUMENT _ 5' UTILITY EASEMENT_ — INST. NO. D210108188 S89'34'26"W 246.91' EUSTOCLIO C. GUTIERREZ AND DIANA GUTIERREZ INST. NO. D205088912 NOTES: 1. IRF — Iron Rod Found 2. IRS — Iron Rod Set w/ "POSER & MANKIN SURV" red plastic cap 3. Bearings of lines shown hereon refer to Grid North of the Texas Coordinate System of 1983 (North Central Zone 4202; NAD83 (2011) Epoch 2010) as derived locally from Allterra Central's Continuously Operating Reference Stations (CORS) via Real Time Kinematic (RTK) Methods. An average Combination Factor of 1.00015033 was used to scale grid coordinates and distances to surface. 4. This property has not been abstracted per the client's request, and this survey was performed without the benefit of a title commitment, all easements may not be shown. 5. The sole purpose of this easement exhibit is to show the easement to be retained and to be abandoned in the area depicted on this easement exhibit. This easement exhibit is not intended for any other use by this or any other party. GRAPHIC SCALE 20 0 10 20 40 I I I I I Z ( IN FEET ) I 1 inch = 20 ft. �E OF TF STeRF TIMOTHY R. MANKIN q 6122 P /�O o 9 3'7 ,�.s^," i v _ E A S E M E N T E X H I B I T 1/2" IRF BEING all that certain 474 square foot (0.011 acre) tract of CONTROLLING land sitauated in the Harrison Decker Survey, Abstract No. MONUMENT 438, City of Southlake, Tarrant County, Texas, and being a portion of Lot 9, H. Decker No. 438 Addition, an Addition to the City of Southlake, Tarrant County, Texas, according to the plat thereof recorded in Instrument Number D210108188, Official Public Records, Tarrant County, Texas, some being a portion of a 5 foot utility easement by Instrument Number D210108188, Official Public Records, Tarrant County, Texas, and being more particularly described as follows: COMMENCING at a 1/2 inch iron rod with red plastic cap stamped "Peiser & Mankin SURV" set for the northwst corner of said Lot 9, same being the southwest corner of that certain tract of land conveyed to Mark D. Willoughby and wife, Tracy V. Willoughby, by deed recorded in Volume 10439, Page 999, Deed Records, Tarrant County, Texas, same being in the east right-of-way line of Timberline Court (a 60 foot right-of-way), same being the northwest corner of said utility easement; THENCE South 00 deg. 25 min. 34 sec. East, along the common line of said Lot 9, said Timberline Court, and said utility easement, a distance of 5.00 feet to the southwest corner of said utility easement; THENCE North 89 deg. 34 min. 26 sec. East, through the interior of said Lot 9, and along the south line of said utility easement, a distance of 40.87 feet to the southwest corner of the herein described tract, same being the POINT OF BEGINNING; THENCE through the interior of said Lot 9 and said utility easement as follows: North 39 deg. 10 min. 04 sec. East, a distance of 5.19 feet to the northwest corner of the herein described tract; North 89 deg. 34 min. 26 sec. East, parallel to and 1.00 foot south of the north property line, a distance of 115.87 feet to the northeast corner of the herein described tract; South 27 deg. 43 min. 30 sec. East, a distance of 4.50 feet to the southwest corner of the herein described tract, same being in the south line of said utility easement; THENCE South 89 deg. 34 min. 26 sec. West, through the interior of said Lot 9 and along the south line of said utility easement, a distance of 121.24 feet to the POINT OF BEGINNING and containing 474 square feet or 0.011 acre of computed land, more or less. TIMOTHY R. MANKIN Registered Professional Land Surveyor No. 6122 JOB NO.: 22-0214 PEISER & MANKIN DATE: 04/30/2024 SURVEYING, LLC FIELD DATE: 09/08/2020 www.peisersurveying.com FIRM No. 100999-00 SCALE: 1" = 20 ' 1612 HART STREET Member since 1977 PMs SUITE 201 Texas FIELD: N.T.K. SOUTHLAKE, TEXAS 76092 pofessiOf 7K LLC DRAWN: J.B.W. 817-481-1806 (0) Surveyors COMMERCIAL • RESIDENTIAL CHECKED: TlR-M tmankin©peisersurveying.com BOUNDARIES " TOPOGRAPHY MORTGAGE 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. EXHIBIT NO. 2A The following is a detail and / or cross section drawing of the improvement(s) in the utility easement / drainage easement to be subject to the encroachment and joint use agreement in this application. 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 / or utility easement requested in this Application for encroachment and joint use of a public drainage and utility easement. Zz3-vt(3EZU'-X_ Cam, - ; 1.o1 � ZNZKE�z �Jo_ 45y' Oncor Electric DelivervlI Companv By: L'47>14 4IA45 (Please PPrint� j Title: R ©'" ram" AV S7 lea rint) Signatur . Verizon Telephone Companv By: (Please Print) Title: (Please Print) Signature: Charter Communications. Inc. By: (Please Print) Title: (Please Print) Signature: Atmos Enerqv By: (Please Print) Title: (Please Print) Signature: AT&T / Southwestern Bell Telephone Companv By: (Please Print) Title: (Please Print) Signature: Tri-County Electric Companv (Ple rant) Title: )C:i� _b1jzc'T"c (Please Print) �— Signatur : --r Citv of Southlake By: (Please Print) Title: (Please Print) Signature: W1:11-11A` MW 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. Cncor Electric ©elivery Company AT&T 1 Southwestern Bell Telephone Companv By: By: (Please Print) (Please Print) Title: Title: (Please Print) (Please Print) Signature: Signature: YeAz-on Telephone Company, Tri-County Electric Comoanv By: -'Doc By. - (Please Print) (Please Print) Title: 4'' ' . try [>r Title: _ er�ase 'nt) (Please Print) ��(P Signatur Signature: Charter CommInc. Citv of Southlake By: By: (Please Print) (Please Print) Title: Title: (Please Print) (Please Print) Signature: Signature: Atmos Enerqv By: (Please Print) Title: (Please Print) Signature: 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 / or utility easement requested in this Application for encroachment and joint use of a public drainage and utility easement. Oncor Electric Delivery Companv By: (Please Print) Title: (Please Print) Signature: Verizon Telephone Companv By: (Please Print) Title: (Please Print) Signature: Charter Communications, Inc. By: Toby Hamm (Please Print) Title: Construction Coordinator III (Please Print) Signature: % Atmos Enerqv By: (Please Print) Title: (Please Print) Signature: AT&T / Southwestern Bell Telephone Companv By: Eric Williams (Please Print) Title: Manager Engineering Design -AT&T (Please Print) Signature: C_ Tri-County Electric Companv By: (Please Print) Title: (Please Print) Signature: Citv of Southlake By: (Please Print) Title: Signature: (Please Print) 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 / or utility easement requested in this Application for encroachment and joint use of a public drainage and utility easement. iZ23 _1ir't3Eu1�)F Ccoi;C\— W bFXKFo, AJO. 4 5,�' Qncor Electric Delivery Companv By: (Please Print) Title: (Please Print) Signature: Verizon Telephone Company By: (Please Print) Title: (Please Print) Signature Charter Communications, Inc. By: (Please Print) Title: (Please Print) Signature: Atmos Energy By: Greg Zylka (Please Print) Title: Sr. Project Specialist (Please Print) — Signature: AT&T / Southwestern Bell Telephone Companv By: (Please Print) Title: (Please Print) Signature: Tri-County Electric Companvv (P1e �rGnt) Title: _/ c, _baKc t (Please Print) Signatur : Citv of Southlake By: (Please Print) Title: Signature: (Please Print)