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Item 4C - Encroachment Agreement-300 SanctuaryAPPLICATION FOR ENCROACHMENT AND JOINT USE AGREEMENT OF A PUBLIC DRAINAGE AND 1 OR UTILITY EASEMENT o� Bate of Submittal To the City of Southiake: The undersigned hereby makes application to allow an encroachment and joint use of a portion of the d public drain s�a and 1 or utility easement situated on or abutting property locateat Poo 5��� � •,r G,r! and described by metes and bounds In Exhibit No. i of the attached agreement. The reason for the encroachment and use of the easement is as follows: Justin Dodd Printed Name of Property Owner Sign of P owner 300 Sanctuary Circle Address Southlake, TX 76092 city State Zip o,,� ,/tor var 214-534-7976 Telephone Fax Number u 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, her ' Qferre t as "Utilities," do consent and agree to permit the following ��•.., .� , herein after referred to "A licant," to use an easement, situated on or abutting LOT , BLOCK , OF ns eOL IN THE CITY OF SOUTHLAKE, TEXAS, as described on the attached Exhibit No. 1, depi ed graphically on the attached EXHIBIT No. 2 and contented to by he public utility o anies as listed on the attached EXHIBIT No. 3, to be used for the purposesof �,n ��+t %� dk 64 IL mt4A Pcncc-- -- C8V� ��,os(' 4,4f 4. 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 I 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. W 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. 0A00-New N Drive1ADMM iISTRATION-PW DEPTTorms\Agreements\loint Use and Encroachment Agreement - Public Easement-2022 Update.docx V. This agreement shall be filed of record In the Dead 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 � � day of 2Q —2—,q—. nstin Dodd City of Southlake Printed Name . BY! By: -- pllcant' ignature Mayor NOTE: Complete the attached acknowledgement& Note: Only complete the appropriate acknowledgements THE STATE OF TEXAS § Corporate Acknowledgment COUNTY OF TARRANT § BEFORE WE, 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 § Indlyidual A know led rnent COUNTY OF TARRANT § BEFORE ME, the undarsigne a t onty, a Notary Public in and for the State of Texas, on this day personally appeared _ -j-0- , - , 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 ay of 20 0� I, �(*/�',Y1'�Vj` =AAU�h.4;f057piresf71NO i�l�b tT1 a d for ,�state Of Texas My GammissloX26 THE STATE OF TEXAS § COUNTY OF TARRANT § City of Snuthlake 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 My Commission Expires: 20----.. Notary Public In and for the State of Texas EXHIBIT NO, "I Being that po on of , that certain public utility easement l drainage easement situated in $ t v Addidan/Survey to the City of Southlake, Tarrant County, Texas, and being more particularly described -by metes and bou rids as follows: ' BOUNDARY SURVEY DES m.21 Know what's below. Ca ff before you dig. W W W.RHODESSURV VYING.COM BRIAN S. RHODES Registered Professionol Land Surveyor (972) 475-8940 This is to certify that I have, this date, made a careful and accurate survey on the ground of property located at No. 300 SANCTUARY CIRCLE , in the city of SOUTH_LAKE _ Texas. Lot No, 35 , Block No. A of CRESCENT HEIGHTS ADDTION _, an addition in the city of SOUTHLAKE TARRANT COUNTY Texas according to the PLAT THEREOF RECORDED in CLERK'S FILE NO. at D220010360 of the PLAT records of TARRANT COUNTY, TEXAS. 1/2- OC-IRF FOR REFERENCI N 60'54'53" E - 0.51 •i C'A 11" _.._ 20' UTILITY EASEMENT VOLUME 9761, PAGE 846 �— '-" VARIABLE WIDTH DRAINAGE EASEMENT DO m N N { 300) 34 Cq 35 LLJ 0.690 OF AN ACRE N 30,082 SO. FT. (0 � 36 00 Z z c�i M DO o � 00 o Z 35 W � 1 N55x�D,�s POCE55 7EaE�R�E�ENT i S1� Pi COT 36 ON 10 A �N/ �, y �R CN THIS CERTIFICATION DOES NOT 'LAKE INTO CONSIDERATION AOQ:TIONAL FACTS THAT AN ACCURATE TITLE SEARCH AND OR EXAMINATION MIGHT DISCLOSE. 1529 E. 1-30, STE. 106 - GARLAND, TX 75043 - FIRM REGtSTRATICN NO. 10194052 The plat hereon is true, correct, and accurate representation of the property LEGEND as determined by survey, the lines and dimensions of said property being os location type building improvements Woo FDAf—A l-MT �lss W RW OF• � TE. indicated by the plotahe size, and v1 and improvements being the boundaries the set iDX,E FDIC[ 4 .......•• are cis shown, all within of property, back from property lines the distance indicated, or visible end apparent easements. Wn -34-S Ism - uORIAErIfS OF FMM p�GM • y.• �r tSTCjQ •••!S' �••' TITLE AND ABSTRACTING WORK FURNISHED BY HOLMES BUILDERS 01/2• Rwr lion FQ" 0t/2' DR41W-CWM WW RGa Taxm . :....................•.•t,... THERE ARE NO ENCROACHMENTS, CONFUM, OR PROTRUSIONS, EXCEPT AS SHOWN. 0517 r BRIAN S. RHODE5 Scale: t 40' USE OF THIS SURVEY FOR ANY OTHER PURPOSE MOUND 'z 05/s' FM RGa Fours •'••' ....... ••5962 OR OTHER PARTIES SHALL BE AT THEIR RISK AND Date: 09/0912025 UNDERSIGNED IS NOT RESPONSIBLE TO OTHER FOR e.IPC T rOR COMO S - � 0 _ �Yr ' i V 0'. G. F. No.: - ANY LOSS RESULTING THEREFROM. EXCLUSNELY FOR umlmc TEI�f71M THIS SURVEY WAS PERFORMED Job no.: 109735 HOLME5 BUILDERS - InK WOW m - We PU ryryYY 41M 11M - YR*M Ary - RAM V E FtV��O Drawn by: BB UNLESS OTHERWISE NOTED 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. .�� � 11111111111�11 �I I�' ! ��, � = �� � � � �� ��►�1 _ as Hi isl � �pl q{Ej 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 1 or utility easement requested in this Application for encroachment and joint use of a public drainage and utility easement. Oncor Electric Delivery Company By: (Please Print) Title: -A ITA (Please P nt) Signature: Verizon Telephone Com an By: (Please Prin Title: (Please Print) Signature: Charter Communications — By: (Please Print) Title: YIN (Please Print) Signature: Atmos Energy By: (Please Print) ( j Title: (Please Print) Signature: AT&T 1 Southwestern Bell Telephone. Company By: (Pleas P nt) Title: (Please Pri t) Signature: Tri-County Electric Company By: (Pleas n Title: (Please Print) Signature: City of Southlake By: (Please Print) Title: (Please Print) Signature: SERVICE PROVIDER CONTACTS FOR EASEMENTS IN SOUTHL.AKE 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 AT&T/Southwestern Bell Eric Williams Manager Engineering Design 1460 Round Table Drive, Room 1000 Dallas, TX 75247 Office: (214) 745-2964 Fax: (214) 745-8230 Charter Communications INC Marla Collier, Charter Coordinator Office: (817) 298-3615 Email: Marla.Collier@charter.com Tri-County Electric Cooperative Inc. Lauren Baccus, Development Coor. 4900 Keller -Hicks Road Fork Worth, TX 76244 Office: (817) 752-8226 Fax: (817) 431-9680 Verizon Telephone Joe Garza Superintendent — Network Engineer Office: (972) 252-0770 Cell: (325) 245-5102 Email: joe.garza@ftr.com Atmos Ener Gas Greg Zylka, Project Manager 2000 Reliance Pkwy Bedford, TX 76021 Office: (817) 685-1257 (ext. 1313) Fax: (817) 359-1338 Email: gregory.zylka@atmosenergy.com