Item 4H - Encroachment AgreementINSTRUCTIONS 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 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
W00-New N Drive\ADM MSTRATION-PW DEPT\Fomvs\AgreememsUoint Use and Encroachment Agreement - Public Easement-2022 Update.docx
APPLICATION FOR ENCROACHMENT AND JOINT USE AGREEMENT
OF A PUBLIC DRAINAGE AND / OR UTILITY EASEMENT
December 16, 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
104 Legacy Court, Southlake Texas 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:
Backyard basketball goal/sport court
Sarah Polidoroff
Pri ted Name of Property Owner
�oQz
Signature of Property wn
104 Legacy Court
Address
Southlake Texas 76092
City State Zip
573-795-6320
Telephone
Fax Number
Easement Joint Use Agreement
THE STATE OF TEXAS
COUNTY OF Tarrant
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
Sarah Polidoroff , herein after referred to as "Applicant," to use an easement, situated on or
abutting LOT 48 , BLOCK A , OF Crescent Heights 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 Allowing basketball goals within easement on backyard sport court
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.
W00-New N DriveWDMINISTRATION-PW DEPT\Fomis\AgreementsUoint 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
December 20 24
Sarah Polidoroff
Printed Name
By:
Applicant's Signature
NOTE: Complete the attached acknowledgements.
16th
City of Southlake
By:
Mayor
day of
Note: Only complete the appropriate acknowledgements
THE STATE OF TEXAS §
COUNTY OFTARRANT §
Corporate 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 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
My Commission Expires:
THE STATE OF TEXAS
COUNTY OFTARRANT
Notary Public in and for the State of Texas
Individual Acknowledgment
BEFORE ME, the undersig�qjed authority, a Notary Public in and for the State of Texas, on this day personally
appeared Z 'M POI dOYb-p , 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.
TIFFANY COOPER
My Notary ID # 134137307
Expires January 10, 2027
THE STATE OF TEXAS
COUNTY OF TARRANT
SEAL OF OFFICE this the L V day of eCttk 20 IA' .
Notarf �Publy in and f r the State of Texas
City 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
My Commission Expires:
20
Notary Public in and for the State of Texas
EXHIBIT NO. 1
Being that portion of that certain public utility easement / drainage easement situated in
Lot 48, Block Aof Crescent Heights Addition/Survey to the City of Southlake, Tarrant County, Texas, and being
more particularly described by metes and bounds as follows:
Please see next page for legal description of property
PAGE 1 OF 2
EASEMENT ENCROACHMENT
L.B.G. Hall Survey, Abstract No. 686
City of Southlake, Tarrant County, Texas
LEGAL DESCRIPTION
Being a 0.004 acre tact of land out of the L.B.G. Hall Survey, Abstract No. 686, situated in the
City of Southlake, Tarrant County, Texas, being a portion of Lot 48, Block A of Crescent
Heights, a subdivision of record in Document Number D219176950 of the Plat Records of
Tarrant County, Texas, also being a portion of that certain 15' Drainage Easement of record in
Document Number D219176950 of said Plat Records and being more particularly described by
metes and bounds as follows:
COMMENCING at a 1/2 inch iron rod with orange plastic cap stamped "SPRY RPLS 5647"
found in the curving West right-of-way line of Legacy Court (Lot 1, Block J of said Crescent
Heights - a private right-of-way), being the Southeast corner of Lot 47, Block A of said
Crescent Heights, also being the East corner of said Lot 48;
THENCE, N82°47'36"W, leaving the West right-of-way line of said Legacy Court, over and
across said Lot 48, a distance of 258.01 feet to a point in the curving East line of an 15'
Drainage Easement of record in Document Number D219176950 of said Plat Records, for the
POINT OF BEGINNING and the Northeast corner hereof;
THENCE, along the curving East line of said 15' Drainage Easement and along a non -tangent
curve to the right, having a radius of 389.33 feet, a chord bearing of S41°34'13"W, a chord
length of 31.56 feet, a delta angle of 04°38'47", an arc length of 31.57 feet to a point for the
Southwest corner hereof, from which a 112 inch iron rod with orange plastic cap stamped
"SPRY RPLS 5647" found in the Southeast line of Lot 44, Block A of said Crescent Heights,
being the North corner of Lot 49, Block A of said Crescent Heights, also being the West corner
of said Lot 48, bears N70°32'42"W, a distance of 36.64 feet;
THENCE, leaving the East line of said 15' Drainage Easement, over and across said 15'
Drainage Easement and said Lot 48, the following two (2) courses and distances:
1. N19°59'08"E, a distance of 29.35 feet to the Northwest corner hereof;
2. S70°00'52"E, a distance of 11.61 feet to the POINT OF BEGINNING and containing an
area of 0.004 acres (177 square feet) of land, more or less
Bearings are based on GPS observations utilizing the AIITerra RTK Network, North American
Datum of 1983 (Adjustment Realization 2011).
I hereby certify that this survey, plan or report was prepared by
me or under my direct supervision and that I am a Registered
Professional Land Surveyor under the laws of the State of Texas
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R.P.L.S. # 6402
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.
Please see next page for survey that shows property
EASEMENT ENCROACHMENT
L.B.G. Hall Survey, Abstract No. 686
City of Southlake, Tarrant County, Texas
LOT 45
BLOCK A
CRESCENT HEIGHTS
DOC. NO. D219176950
P.R.T.C.T.
LOT 44
BLOCK A
CRESCENT HEIGHTS
DOC. NO. D219176950
P.R.T.C.T.
ENCROACHMENT
0.004 ACRES (177 SQ.FT.).
►I
/
1/2"CIRF /
"SPRY /
RLPS 5647"
4_
2POOry`V//
LOT 47
BLOCK A
CRESCENT HEIGHTS
DOC. NO. D219176950
P.R.T.C.T.
`ABALL
CT Np 686
N 82°47'36" W 258.01'
LOT 48
BLOCKA
r
POB CRESCENT HEIGHTS
DOC. NO. D219176950
P.R.T.C.T.
1/2" CIRF L3/
SPRY
RLPS 5647" / CONCRETE SPORTS COURT
LOT 49
BLOCK A
CRESCENT HEIGHTS
DOC. NO. D219176950
P.R.T.C.T.
1/2" CIRF
Js`P
�QGFGI q0
��`'�o
G OG'
O
LINE TABLE
LINE
_
BEARING
DISTANCE
L1
N 19059'08" E
29.35'
L2
S 70°00'52" E
11.61,
L3
S 70°32'42" W
36.64'
CURVE TABLE
ICURVEJARCLENGTI-11
RADIUS
I DELTA ANGLE
I CHORD BEARING
CHORD LENGTH
C1
1 31,57'1
389.33'
4038'47"
1 S 41°34'13" W
1 31.56'
NOTE: Bearings are based on GPS observations utilizing the AIITerra RTK
Network, North American Datum of 1983 (Adjustment Realization 2011).
PAGE 2 OF 2
N
1"=30'
0 15 30
LEGEND
0
BOUNDARY MONUMENT
CIRF
CAPPED IRON ROD FOUND
POS
POINT OF BEGINNING
POC
POINT OF COMMENCEMENT
DOC. NO.
DOCUMENTNUMBER
P.R.T.C.T.
PLAT RECORDS,
TARRANT COUNTY, TEXAS
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.
Please see next page for information on drainage.
r� REDINGER GROUP, LLC
ENGINEERING
CIVIL ,NaRSERVICES
November 19th, 2024
Sandy Endy, P.E., Development Engineer
Planning Department
City of Southlake
1400 Main Street Suite 320
Southlake, TX 76092
RE: Drainage Letter in support of
Encroachment Agreement for
104 Legacy Court
Lot 48, Block A — Crescent Heights Addition
Southlake, Texas
Dear Sandy Endy, P.E.,
This letter is provided at the request of Calais Custom Homes, the homebuilder of the single-family
residence at the address listed above. The owner of the property constructed a sport court which
encroaches within a 30' drainage easement (15' of which is on the subject property) along the
rear property line. This letter is intended to accompany an application for encroachment into this
easement with a sport court. Please accept the following statement in support of the agreement
evaluation:
Engineering record drawings for the subdivision show the general intent of the easement is
to convey stormwater flowing north to south over and along the western portion of the lot.
There is a type 'y' inlet on the adjacent property approximately 15 feet away from the
edge of the sport court.
It is our conclusion that the sport court, as constructed within the subject drainage easement
will have no significant negative impact on the flow of stormwater through the existing
drainage easement or to the existing type 'y' inlet. Furthermore, we confirm that the
subject property nor surrounding properties should experience drainage related adverse
impacts as a result of the installation of sport court within the drainage easement.
If you have any questions or need additional engineering related information to assist in the
evaluation of the encroachment agreement, please contact my office.
Respectfully,
Redinger Group, LLC
Clayton T. Redinger, P.E.
President
RG Project No. - 1015-00
P.O. Box 93206 - Southlake, Texas 76092 - Phone: (817) 253-5727
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 Compan
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:
(Please Print)
Title:
(Please Print)
Signature:
By:
(Please Print)
Title:
(Please Print)
Signature:
Tri-County Electric Company
By:
(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
Springtowh, 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
Fort 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 Energy (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