H. Decker No. 438 Addition (Lot 9) - Easement Joint Use Agreement ORIGINNL DOCUMENT
CITY OF SUI .f I II_.AKE
Council Action ON
Ord./Res. No.INSTRUCTIONS FOR COMPLETING AN ENCROACHMENT ANI J01$11FrUS AGREEMENTS INN
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 surveyor. 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
()BOO-New N Drive\ADMINISTRATION-PW DEPT\Forms\Agreements\Joint Use and Encroachment Agreement-Public Easement-2022 Update does
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
5L4J
Signature of Property Owner Fax Number
1223 Timberline Ct
Address
Southlake TX 76092
City State Zip
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 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 retaining 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.
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.
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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.
Applicant's Signature Mayor
„„o 0F,�$OIJlH,',i,��'
NOTE: Complete the attached acknowledgements. U�� '
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CITY SE ETARY *
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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:
THE STATE OF TEXAS § Individual Acknowledgment
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally
ap pea red6//G) /L ALCifl1 , 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 , 20 „CT
J /I -.-A Arm ♦: VAAA A
DARLENE WELSTEAD L�
My Notary ID#134839004 t�ota u ism nd for Stat Texas
My Commission Expires: ' ' Expires April 5,2028 /
i.
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 PIMA VACCtAS \ \ , known to me to be the person and officer whose name is
subscribegl to the foregoing instrument and acknowledged to me that same was the act of said
C\ SOv a municipal corporation, and that he executed same for the purposes and
consii!f \Qk�(.L,
eration therein expressed and in the capacity therein stated.
GI FFFICE this the IA day of Y\rA. , 20V
TIFFANY COOPER
*: T '* My Notary ID#134137307
+c Expires January 10,2027
—� Notary P c in d for the tate of Texas
My Commission Expires Q\
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 EASEMENT EXHIBIT
COMMENCING 1/2.TOW EASEMENT UNAFFECTED AFFECTED BY ENCROACHMENT AND WIFE, N89'34'26"E
• •CCLE•BEARS 759 SQ. FT. OR 0.017 AC. 474 SQ. FT. OR 0.011 AC. TRACY V. WILLOUGHBY 246.64' (OVERALL)
Nao•4s'21'w 2.05' VOL. 10439, PG. 999 1/2-IRr BEING all that certain 474 square foot (0.011 acre) tract of
/2•um A
0' N89'34'26'E 115.87' MONUMENT land sitauated in the Harrison Decker Survey, Abstract No.
�.._.. _ , _ , "� , , — . — . �_ . _ . — 438, City of Southlake, Tarrant County, Texas, and being a
N89'34.26"E 40.87' portion of Lot 9, H. Decker No. 438 Addition, an Addition
S00'25'34"E to the City of Southlake, Tarrant County, Texas, according
N39'10'04"E S89'34'26"W 121.24' S27'43'30"E to the plat thereof recorded In Instrument Number
5.00' 5.19' "- 4.50', D210108188, Official Public Records, Tarrant County, Texas,
<'>� 5' UTILITY EASEMENT PROPOSED IMPROVEMENTS sameInstrument being a
Number portionD21 01 081 88,of a 5 foo Oft ficial Pub utility easelic Recordsment by
.
g o INST. NO. D210108188 1 (RETAINING WALL) Tarrant County, Texas, and being more particularly describes
c>; POINT OF PDRnO4a OF as follows:
CS-IW Z BEGINNING PROPOSED EASEMENT UNAFFECTED
Xi 0 IMPROVEMENTS 759 SO. FT. OR 0.017 AC. COMMENCING of a 1/2 inch iron rod with red plastic cap
w 1 .1/r W i stamped "Peiser & Mankln SURV" set for the northwst
-1— (SINGLE FAMILY HOME) corner of said Lot 9, same being the southwest corner of
ci I Z tr LOT 9 that certain tract of land conveyed to Mark D. Willoughby
> m tD and wife, Tracy V. Willoughby, by deed recorded in Volume
x' H. DECKER NO. 438 ADDITION I 10439, Page 999, Deed Records, Tarrant County, Texas,
INST. NO. D21010818 L 8 _ _-___ same being in the east right-of-way line of Timberline
I z Court (a 60 foot right—of—way), same the northwest
91 N 19e433 SG. FT. OR 0.448 AC. being
Oo 71111 - ----, corner of said utility easement;
0.. o co THENCE South 00 deg. 25 min. 34 sec. East, along the
z A a G common line of sold Lot 9, said Timberline Court, and said
p 2o 2 N z utility easement, a distance of 5.00 feet to the southwest
c), o0 corner of said utility easement;
o o co m _ THENCE North 89 deg. 34 min. 26 sec. East, through the
Rz* m 1/Y�A Interior of said Lot 9, and along the south line of said
°' Ntz BEE o92'_ t}'CITY EASEMENT — — utility easement, a distance of 40.87 feet to the southwest
00 ` INST. NO. D21 01 081 88 corner of the herein described tract, same being the POINT
OF BEGINNING;
tn"RS S89'34'26"W 246.91'
THENCE through the interior of said Lot 9 and said utility
easement as follows:
ut North 39 deg. 10 min. 04 sec. East, a distance of 5.19
:qrs. feet to the northwest corner of the herein described tract;
80 EUSTOCUO C. GUTIERREZ
rri 1 AND DIANA GUTIERREZ North 89 deg. 34 min. 26 sec. East, parallel to and 1.00
INST. NO. D205088912 foot south of the north property line, a distance of 115.87
1/2-VW
feet to the northeast corner of the herein described tract;
� OF T4� South 27 deg. 43 min. 30 sec. East, a distance of 4.50
'CP'�t 5H ER9 feet to the southwest corner of the herein described tract,
6' *.p�' a, Po * same being in the south line of said utility easement;
m Nails:
+m TIMOTHY R. MANKIN THENCE South 89 deg. 34 min. 26 sec. West, through the
• I. IRF-Iron Rod Fauna interior of said Lot 9 and along the south line of said
m 2. IRS—iron Rod Set w/-PEISER&MANKIN SURY red plastic cap '. 6122 utilityeasement, a distance of 121.24 feet to the POINT OF
3. Bearings of IFss shown heron refer to Gid North of the Taxa.Coordinate System of 19e3(North �r..4_
Central zone 4202:NAoe3(2011)Epoch 2010)as derived locally from Antrim central'.contbuouely 0 --. BEGINNING and containing 474 square feet or 0.011 acre of
Foci«o°1.00015033 Station.doioo Tale grid coordinate.and m.onum..to'.rf c:""ov'Combination +V{- computed land, more or less.
4. Phis property has not been abstracted per the d1.nt's r.aoaat,and MN survey Co.performed �/ /30/2024
without the benefit of a title commitment.all memento may not be shown.
e. The. e purpose of this inoe
.nt exhibit Is to.hoe the easement to be retained and to be TIMOTHY R. MANKIN
UONIROIllllfii/r SW • d .o..m
abandoned the alto depicted on this eement exhibit.This easement axhbit I.not Intended for Rpi.tred Professional Land Surveyor No.0122
any other use by this or any other party.
Y0Ml1E'NT
JOB NO.: 22-0214• PEISER & MANKIN
GRAPHIC SCALE DATE: 04/30/2024 SURVEYING, LLC
20 0 10 20 w FIELD DATE: 09/08/2020 www.peisersurveying.com FIRM No. 100999-00
MI 1612 HART STREET
MII♦ I♦ MI= SCALE: 1" = 20' SUITE 201 Member since 1877 S
exoe
O ( IN FEAT ) FIELD: N.T.K. SOUTHLAKE, TEXAS 76092 P•°'rof41.. LEE
2 1 inch = 20 ft 817-481-1806 (0) sa^+r^^
DRAWN: J.B.W. COMMERCIAL • RESIDENTIAL
CHECKED: T.R.M. (man kin @peisersu rveyin g.corn BOUNDARI�ORTGA TOPOGRAPHY
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.
/223 iim8FRu.3e Clog- Lai 9 / b zic€R AA 45r
Oncor Electric Delivery Company AT&T/Southwestern Bell Telephone Company
By: 7>'4 3-IA45 By:
(Please�Print ( �r � '"� (Please Print)
Title: R d 'y" r `�' n i / Title:
lea rint) (Please Print)
Signatur . Signature:
Verizon Telephone Company Tri-County Electric Company
By: By: , iJ
(Please Print) ((Pie lint) '!'
Title: Title: kv -btXrcTLIC
(Please Print) (Please Print)
Signature: Signatur
Charter Communications. Inc. City of Southlake
By: By:
(Please Print) (Please Print)
Title: Title:
(Please Print) (Please Print)
Signature Signature:
Atmos Enerqy
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 Company AT&T/Southwestern Bell Telephone Company
By: By:
(Please Print) (Please Print)
Title: Title:
(Please Print) (Please Print)
Signature: Signature:
-biefigen Telephone Company Tri-County Electric Company
By: DTDC" �f?a By:
(Please Print) (Please Print)
Title:�;, e f- ,f�sc� �C�(:vt c_ Title:
(Please Print) (Please Print)
Signatu�. Signature:
Charter Comma , Inc. City of Southlake
By: By:
(Please Print) (Please Print)
Title: Title:
(Please Print) (Please Print)
Signature: Signature:
Atmos Energy
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 Company AT&T/ Southwestern Bell Telephone Company
By: By: Eric Williams
(Please Print) (Please Print)
Title: Title: Manager Engineering Design-AT&T
(Please Print) (Please Print)
Signature: Signature: 2tG WGZei
Verizon Telephone Company Tri-County Electric Company
By: By:
(Please Print) (Please Print)
Title: Title:
(Please Print) (Please Print)
Signature: Signature:
Charter Communications, Inc. City of Southlake
By: Toby Hamm By:
(Please Print) (Please Print)
Title: Construction Coordinator III Title:
(Please Print) (Please Print)
Signature: Signature:
Atmos Energy
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.
I223 -7-rwoekuOt Cam - Lo-T- 9 i/ be K �10. 45
Oncor Electric Delivery Company AT&T/Southwestern Bell Telephone Company
By: By:
(Please Print) (Please Print)
Title: Title:
(Please Print) (Please Print)
Signature: Signature:
Verizon Telephone Company Tri-County Electric Company
By: By: &AA .) 7 irx)
(Please Print) (Ple nnt)
Title: Title: /c..> l tt2Ec
(Please Print) (Please Print)
Signature Signatur :
Charter Communications. Inc. City of Southlake
By: By:
(Please Print) (Please Print)
Title: Title:
(Please Print) (Please Print)
Signature: Signature:
Atmos Enerqy
By:
Greg Zylka
(Please Print)
Title:
Sr. Project Specialist
(Please Print)
Signature: C%