Huntwick Estates (Lot 12-R, Block A-R) - Easement Joint Use AgreementCITY OF
SOUTHLAKE
TEXAS
RESULTS
REGULAR CITY COUNCIL MEETING AGENDA NOVEMBER 5, 2024
LOCATION: 1400 Main Street, Southlake, Texas 76092
Council Chambers in Town Hall
Present: Mayor McCaskill, MPT Williamson, DMPT Talley, and
Councilmembers Robbins, Scharli, Smith, and Torres-Lepp
WORK SESSION: 5:30 P.M. 5:30PM
Call to order.
2. Invocation: Clayton Reed
3. Honors & Recognition: Veteran's Day Proclamation
4. Honors & Recognition: Tree City U.S.A and Arbor Day Proclamation
5. Update on the Town Hall Plaza Park Feasibility Study
6. Discuss all items on tonight's agenda. No action will be taken and each item will
be considered during the Regular Session.
REGULAR SESSION: Immediately following the work session
Call to order.
2. A. Executive Session: Pursuant to the Open Meetings Act, Chapter 551,
Texas Government Code, Sections 551.071, 551.072, 551.073, 551.074,
551.076, 551.087, 418.183(f), and 418.106(d) & (e). Refer to posted list
attached hereto and incorporated herein. Executive Session may be held,
under these exceptions, at the end of the Regular Session or at any
time during the meeting that a need arises for the City Council to seek
advice from the city attorney as to the posted subject matter of this
City Council meeting.
Section 551.071: Consultation with city attorney.
a. Seek advice of the city attorney regarding legal issues related to
legislative items.
b. Seek advice of the city attorney regarding legal issues related to the
City's Consolidated Future Land Use Plan as it pertains to the
Medium Density Residential and other land use categories.
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City Council meeting agenda
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Page 2 of 6
c. Seek advice of the city attorney regarding annexation of real
property.
d. Seek advice of the city attorney regarding potential contract renewal
with Barnes & Thornburg.
2. Section 551.072: Deliberation regarding real property.
a. Discuss the acquisition of real property for public purposes.
3. Section 551.087: Deliberation regarding economic development
negotiations.
b. Deliberate the terms and conditions of an economic development
incentive program — Project No. 2017-03
c. Deliberate the terms and conditions of an economic development
incentive program — Project No. 2024-01
B. Reconvene: Action necessary on items discussed in Executive Session.
Present: Mayor McCaskill, MPT Williamson, DMPT Talley, and
Councilmembers Robbins, Scharli, and Smith
Absent: Councilmember Torres-Lepp
3. REPORTS:
A. Mayor's Report
B. City Manager's Report
1. 2024 Home for the Holidays
CONSENT AGENDA: All items listed below are considered to be routine by the City
Council and will be enacted with one motion. There will be no separate discussion of
items unless a Councilmember or citizen so requests, in which event the item will be
removed from the general order of business and considered in its normal sequence.
4. Consent: (APPROVED, ITEMS 4A-4D, 6-0)
A. Approve minutes from the October 15, 2024, Regular City Council meeting.
B. Approve the cancellation of the December 17, 2024, Regular City Council
Meeting.
C. Approve ZA24-0067, Variance to the sidewalk requirements of Section 5.06
of the Subdivision Ordinance No. 483, as amended, on property described
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City Council meeting agenda
November 5, 2024
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as Lot 19, S. Freeman No. 525 Addition, Southlake, Tarrant County, Texas,
and located at 2421 Greenbough Ln.
D. A�prove an Encroachment and Joint Use Agreement for a wood fence
within the drainage easement being located at 805 Victoria Lane.
REGULAR AGENDA:
5. Public Forum. (The Public Forum will not begin priorto 7:00 p.m. This is the public's
opportunity to address the City Council about non -agenda items. During this
proceeding, the City Council will not discuss, consider, or take action on any item
presented. We respectfully ask that anyone stepping forward to speak during
Public Forum to please limit remarks to three minutes or less.)
6. Ordinances, second readings, public hearings, and related items:
A. ZA24-0036, Site Plan for Well Billion Place on property described as Lot
7R, Block A, Southlake Bank Place, and located at 3313 E. State Highway
114, Southlake, Texas. Current Zoning: "C-3" General Commercial District.
SPIN Neighborhood #8. PUBLIC HEARING (APPROVED, 6-0)
B. ZA24-0060, Site Plan for Lot 1, Block 1, Mustang Business Park, and
located at 1825 Mustang Ct., Southlake, Texas. Current Zoning: 1-1" Light
Industrial District. SPIN Neighborhood #8. PUBLIC HEARING
(APPROVED, 6-0)
C. Ordinance No. 1289, 2nd Reading, adopting the 2025 Standards of Care
for the recreation programs for elementary age children operated by the
Community Services Department. PUBLIC HEARING (APPROVED, 6-0)
D. Ordinance No. 480-564F, ZA24-0042, 2nd Reading, Zoning Change and
Development Plan for Carillon Parc Plaza District, on property described as
Tracts 3A4, 3A4A, 3A5, 3A, 3A3, 3A1 B, and a portion of Tracts 1 E, 1 D, and
3A1, Larkin H. Chivers Survey, Abstract No. 300, and generally located at
the northeast corner of E. S.H. 114 and N. White Chapel Blvd., west of
Rivera Dr., and approximately 600 ft. south of E. Kirkwood Blvd., City of
Southlake, Tarrant County, Texas. Current Zoning: "ECZ" Employment
Center Zoning District. Requested Zoning: "ECZ" Employment Center
Zoning District. SPIN Neighborhood #3. PUBLIC HEARING (At the October
1, 2024, City Council meeting, this item was tabled to the November 5,
2024, City Council meeting at the applicant's request.) (TABLED TO THE
NOVEMBER 19, 2024, 6-0)
7. Ordinances, first readings, and related items: (There are no items on this agenda.)
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City Council meeting agenda
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8. Resolutions: (There are no items on this agenda.)
9. Other items for consideration: (There are no items on this agenda.)
10. Other items for discussion: (There are no items on this agenda.)
11. Adjournment 7:19PM
CERTIFICATE
I hereby certify that the above agenda was posted on the official bulletin boards at Town
Hall, 1400 Main Street, Southlake, Texas, on Friday, November 1, 2024, by 5.00 p.m.,
pursuant to the Texas Government Code, Chapter 551.
Amy Shelley, TRMC
City Secretary
If you plan to attend this public meeting and have a disability that requires special needs, please
advise the City Secretary's Office 48 hours in advance at 817-748-8016 and reasonable
accommodations will be made to assist you.
City of Southlake values:
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City Council meeting agenda
November 5, 2024
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EXECUTIVE SESSION
Section 551.071: Consultation with attorney. The City Council may conduct a private
consultation with its attorney when the City Council seeks the advice of its attorney
concerning any item on this agenda, about pending and contemplated litigation, or a
settlement offer, or on a matter in which the duty of the attorney to the City Council under
the Texas Disciplinary Rules of Professional Conduct of the State Board of Texas clearly
conflicts with Chapter 551. This includes the following pending and/or contemplated
litigation subjects:
1. Michael Fisher et al v. City of Southlake et al; Civil Action No. 4:23-cv-01102-0.
2. Nellie Hall v. The Marq Southlake and City of Southlake; Cause No. 096-358874-
24
Section 551.072: Deliberation regarding real property. The City Council may conduct a
closed meeting to deliberate the purchase, exchange, lease or value of real property.
Section 551.073: Deliberation regarding prospective gift or donation. The City Council
may conduct a closed meeting to deliberate a negotiated contract for a prospective gift or
donation to the City.
Section 551.074: Deliberation regarding personnel matters. The City Council may
deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or
dismissal of public officers, including the City Manager, City Secretary, City Attorney,
Municipal Judge and city boards and commission members. A complete list of the city
boards and commissions is on file in the City Secretary's Office.
Section 551.076: Deliberation regarding security devices. The City Council may
deliberate the deployment, or specific occasions for implementation of security personnel
or devices.
Section 551.087: Deliberation regarding economic development negotiations. The City
Council may discuss or deliberate regarding commercial or financial information received
from a business prospect that the city seeks to have locate, stay, or expand in or near the
city and which the City is conducting economic development negotiations; or to deliberate
the offer of a financial or other incentive to a business prospect as described above.
Section 551.089: Deliberation regarding security devices or security audits. The City
Council may discuss or deliberate regarding security assessments or deployments
relating to information resources technology; network security information as described
by Section 2059.055(b); the deployment, or specific occasions for implementation, of
security personnel, critical infrastructure, or security devices; or results of security audits.
Section 418.183(f): Texas Disaster Act. The City Council may deliberate information: 1)
for purposes of preventing, investigating, or responding to an act of terrorism or related
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criminal activity and involving emergency response providers, their staffing, contact
information and tactical plans; 2) that relates to the risk or vulnerability of persons or
property, including infrastructure, to an act of terrorism; 3) that relates to the assembly of
an explosive weapon, the location of a material that may be used in a chemical, biological
or radioactive weapon, or unpublished information pertaining to vaccines or devices to
detect biological agents or toxins; 4) that relates to details of the encryption codes or
security keys for a public communication system; 5) that relates to a terrorism -related
report to an agency of the United States; 6) that relates to technical details of particular
vulnerabilities of critical infrastructure to an act of terrorism; 7) that relates to information
regarding security measures or security systems intended to protect public and private
property from an act of terrorism. The Texas Disaster Act specifically requires that a tape
recording of the closed meeting be made.
Section 418.106(d) & (e): Local meetings to discuss emergency management plans
regarding pipeline safety. The City Council may discuss emergency management plans
involving pipeline safety and/or security of pipeline infrastructures or facilities when those
plans or discussions contain such sensitive information.
City of Southlake values:
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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.
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
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V
APPLICATION FOR ENCROACHMENT AND JOINT USE AGREEMENT
OF A PUBLIC DRAINAGE AND / OR UTILITY EASEMENT
10 124-
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
805 Victoria Lane, Southlake, Tx 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:
Residential Fence crossing perpendicular to drainage easement
E. Harris
Pri ted Nan Pro e Owner
Signature of Properly Owner
805 Victoria Lane
Address
Southlake TX 76092
City State Zip
214.801.0679
Telephone
Fax Number
CJ
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
Mark E. Harris , herein after referred to as "Applicant," to use an easement, situated on or
abutting LOT 12-R BLOCK A-R , OF Huntwick Estates 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 a fence crossing
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.
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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
Sly-- , 20L—.
Mark rris
Printed y ame
By: U//
Applicant's Signature
NOTE: Complete the attached acknowledgements
13 n4
v City of Southlake
V
By:
Mayor
day of
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tAMLLEYFRET "� '
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
j 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
My Commission Expires:
day of , 20
Notary Public in and for the State of Texas
THE STATE OF TEXAS § Individual Acknowledgment
s COUNTY OF TAR-Fb4W.W §
1 BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally
appeared K E. -tr2(s' , 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
i
GIVEN UNDER MY H ;Notary
4Lr$F�3FP this the day of cs 20.
NA KHOUNSINAVONG
+° 10 #13 8882863ommission Expiresebruary 6, 2027Notary ublic in a d for the State of Texas
My Commission Expires: i
�.—_ _.....
THE STATE OF TEXAS §
COUNTY OF TARRANT §
City of southlake Acknowledgment
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally
appeared awn Mi'Crilcs�ffl known to me to be the person and officer whose name is
subscri a to the fo egoing instrument and acknowledged to me that same was the act of said
OAA , a municipal corporation, and that he executed same for the purposes and
co ideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OFFFICE this the Imo_ day of Nj'XN 0 , 20✓1-��
'1
Not P is in and for S a e of Texas
My Commission Expires: G\ '' � -r ' I n
11 y; �%
TIFFANY COOPER
My Notary ID # 134137307
Expires January 10, 2027
EXHIBIT NO. 1
Being that portion of that certain public utility easement / drainage easement situated in
Huntwick Estates Block A-R, Lot 12-R Addition/Survey to the City of Southlake, Tarrant County, Texas, and being
more particularly described by metes and bounds as follows:
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.
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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.
Oncor Electric Delivery Company
By. N/A
(Please Print)
Title:
(Please Print)
Signature:
Verizon Telephone Company
By. N/A
(Please Print)
Title:
(Please Print)
Signature:
Charter Communications, Inc.
By. NIA
(Please Print)
Title:
(Please Print)
Signature:
Atmos Energy
By: N/A
(Please Print)
Title:
(Please Print)
Signature:
AT&T / Southwestern Bell Telephone Company
By. N/A
(Please Print)
Title:
(Please Print)
Signature:
Tri-County Electric Company
By. N/A
(Please Print)
Title:
(Please Print)
Signature:
City of Southlake
By:
(Please Print)
Title:
(Please Print)
Signature:
SERVICE PROVIDER CONTACTS FOR
EASEMENTS IN SOUTHLAKE
Oncor Electric Delivery
Budd Rodgers, Distribution ROW Agent
109 Crestwood Lane
Springtown, TX 76082
Office: (817) 443-3434
Mobile: (432) 234-9052
Email: buddy.rodgers@oncor.com
Tri-County Electric Cooperative, Inc.
Lauren Baccus, Development Coor.
4900 Keller -Hicks Road
Fort Worth, TX 76244
Office: (817) 752-8226
Fax: (817) 431-9680
AT&T/Southwestern Bell
Verizon Telephone
Eric Williams
Joe Garza
Manager Engineering Design
Superintendent — Network Engineer
1460 Round Table Drive, Room 1000
Office: (972) 252-0770
Dallas, TX 75247
Cell: (325) 245-5102
Office: (214) 745-2964
Email: joe.garza@ftr.com
Fax: (214) 745-8230
Charter Communications, INC
Atmos Energy (Gas)
Marla Collier, Charter Coordinator
Greg Zylka, Project Manager
Office: (817) 298-3615
2000 Reliance Pkwy
Email: Marla.Collier@charter.com
Bedford, TX 76021
Office: (817) 685-1257 (ext. 1313)
Fax: (817) 359-1338
Email: gregory.zylka@atmosenergy.com