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Item 4D - St. Laurence Church-Joint Use and 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. 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 0:\00-New N Drive\ADMINISTRATION-PW DEPT\Forms\Agreements\Joint Use and Encroachment Agreement - Public Easement-2022 Update.docx 9 APPLICATION FOR ENCROACHMENT AND JOINT USE AGREEMENT OF A PUBLIC DRAINAGE AND / OR UTILITY EASEMENT 09/05/25 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 519 N Kimhall Avpnup 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: vehicular and pedestrian bridge John Jordan Printed Name of P arty caner \i'IA, Signa#ure of Property 9— n e r 519 N Kimball Avenue Address Southlake, Tx 76092 City State Zip 817-481-3335 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 St. Laurence Church , herein after referred to as "Applicant," to use an easement, situated on or abutting LOT 1R1 , BLOCK A , OF St. Laurence Episcopal Church 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 pedestrian bridge and vehicular bridge 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. M 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. 0:\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. TESTIMONY WHEREOF, Applicant executes this Easement Agreement on this day of Yu 20 John Jordan Printed Name By: By: rcant's Sig t re NOTE: Complete the attached acknowledgements. City of Southlake Mayor 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 G1 , 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 Y (.W'(C-, 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 FAIn 20 QS SIALEK Notary ID #132212602 _ �a My commission Expires Notary Public in and f r the State of Texas SELINA MI October 16, 2027 My Commission Expires THE STATE OF TEXAS COUNTY OF TARRANT Individual 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 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 day of , 20 Notary Public in and for the State of Texas My Commission Expires. THE STATE OF TEXAS § City of Southlake Acknowled ment 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 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 Addition/Survey to the City of Southlake, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: BASIS OF BEARINGS NOTE: Bearings are based on the State Plane Coordinate System, Texas North Central Zone (4202) North American Datum of 1983 (NAD '83), distances are surface with a combined scale factor of 1.00012. 0 25' 50' SCALE: 1" = 50' 1/2" REBAR (C.M.) W ,00 N 0 EXISTING DRAINAGE AND UTILITY EASEMENT / DOC.# 217127574, O.P.R.T.C.T. L=26.06', R=290.00' A=5008'56" 1/2" REBAR BEARS N061W � 0.97' N88'13'55E 5/8" IRON PIPE N50050'02"E-26.05' — s� - — —— — (c.M.) 7 0 180.13, o �� N 0 66, � �6. L=26.10', R=225.00' / A=6038'50" I S51056'51 "W-26.09' / EASEMENT / ENCROACHMENT AREA 0.039 ACRES 1 1,695 SQ. FT. I EXISTING DRAINAGE AND UTILITY \ EASEMENT \ LOT 1R1, BLOCK A CABINET A, SLIDE 3900, P.R.T.C.T. ST. LAURENCE EPISCOPAL / 1 CHURCH ADDITION DOC.# D217127574, O.P.R.T.C.T. / I LEGEND OF ABBREVIATIONS • P.R.T.C.T. PLAT RECORDS, TARRANT COUNTY, TEXAS • O.P.R.T.C.T. OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS • DOC.# DOCUMENT NUMBER • C.M. CONTROLLING MONUMENT EXHIBIT "A" • SQ. FT. SQUARE FEET EASEMENT ENCROACHMENT EXHIBIT • ROW RIGHT OF WAY 1,695 SQUARE FEET • CRS CAPPED REBAR SET PART OF LOT 1 R1, BLOCK A ST. LAURENCE EPISCOPAL CHURCH ADDITION CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS DATE: 02/19/2025 JOB NO.: 2025.001.388 PAGE 1 OF 2 PREPARED BY JOHN H. BARTON III, RPLS11' 6737, BARTON CHAPA SURVEYING, LLC, 3601 NE LOOP 820, STE. 108, FORT WORTH, TX 76137, TBPELS FIRM#10194474, INFO®BCSDFW.COM PROPERTY DESCRIPTION BEING part of Lot 1R1, Block A, St. Laurence Episcopal Church Addition, an addition in the City of Southlake, Tarrant County, Texas, according to the plat recorded in document number D217127574, Official Public Records, Tarrant County, Texas, the subject tract being more particularly described as follows: BEGINNING at a point in the northwest line of an existing drainage and utility easement (document number D217127574), from which a 1/2 inch rebar found at the northernmost northeast corner of said Lot 1R1 bears NORTH 22 degrees 52 minutes 38 seconds EAST, 98.49 feet; THENCE through the interior of said Lot 1R1, SOUTH 42 degrees 47 minutes 16 seconds EAST, a distance of 65.52 feet to a point in the south line of an existing drainage and utility easement (cabinet A, slide, 3900, Plat Records, Tarrant County, Texas) at the beginning of a non -tangent curve to the right, having a radius of 225.00 feet, a central angle of 06 degrees 38 minutes 50 seconds, and a chord bearing and distance of SOUTH 51 degrees 56 minutes 51 seconds WEST, 26.09 feet, from which a 5/8 inch rebar found at the easternmost northeast corner of said Lot 1R1 bears NORTH 76 degrees 07 minutes 34 seconds EAST, 180.66 feet; THENCE along the arc of said curve, with the southeast line of said easement, an arc distance of 26.10 feet; THENCE through the interior of said Lot 1111, NORTH 42 degrees 47 minutes 16 seconds WEST, a distance of 65.01 feet to the northwest line of said drainage and utility easement (cabinet A, slide 3900), being the beginning of a non -tangent curve to the right, having a radius of 290.00 feet, a central angle of 05 degrees 08 minutes 56 seconds, and a chord bearing and distance of NORTH 50 degrees 50 minutes 02 seconds EAST, 26.05 feet; THENCE along the arc of said curve, an arc distance of 26.06 feet, returning to the POINT OF BEGINNING and enclosing 0.039 acres (1,695 square feet) of land, more or less. SURVEYOR'S CERTIFICATE This is to certify that I, John H. Barton III, a Registered Professional Land Surveyor of the State of Texas, have prepared this map from an actual survey on the ground, and that this map correctly represents that survey made by me or under my direction and supervision. EXHIBIT "A" EASEMENT ENCROACHMENT EXHIBIT 1,695 SQUARE FEET PART OF LOT 1 R1, BLOCK A ST. LAURENCE EPISCOPAL CHURCH ADDITION CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS DATE: 02/19/2025 JOB NO.: 2025.001.388 PAGE 2 OF 2 PREPARED BY JOHN H. BARTON III, RPLS# 6737, BARTON CHAPA SURVEYING, LLC, 3601 NE LOOP 820, STE. 108, FORT WORTH, TX 76137, TBPELS FIRM#10194474, INFO®BCSDFW.COM 1/2" REBAR BASIS OF BEARINGS NOTE: "ILLEGIBLE" (C.M.) Bearings are based on the State Plane Coordinate System, Texas North Central Zone (4202) North American Datum \ of 1983 (NAD '83), distances are surface with a combined scale factor of 1.00012. L=10.11, R=80.00' A o A=7014'38" / 0 25' 50' N36°5236"E-10.11' ��\ EASEMENT \ ENCROACHMENT AREA SCALE: V = 50' 0.016 ACRES 1 690 SQ. FT. L=32.17', R=80.00' o=023ro2'23" / S44°45'39"E S2144'06"W 31.95' 66.28' \ / / N44°45'39"W L=2.33, R=15.00' LOT 1R1, BLOCK S14°3925"W-2.32' ST. LAURENCE EPISCOPAL CHURCH ADDITION / S10112'54"W DOC.# D217127574, O.P.R.T.C.T. / 83.28' S10012'54"W / I 9.77' / I / L=1.22, R=10.00' I A=006 5924" S134237"W-1.22' I 00^/ / L=89.46, R=250.00' EXISTING DRAINAGE & UTILITY EASEMENT / A=02030'10" CABINET A, SLIDE 3900, P.R.T.C.T. S4457'12"W-88.98' / L=73.57, R=130.00' / / A=03225'30" S385932'W 72.59' / / 69.28'—� — — — — — — — — "X" FND. S88 2524"W (C.M.) LEGEND OF ABBREVIATIONS • P.R.T.C.T. PLAT RECORDS, TARRANT COUNTY, TEXAS • O.P.R.T.C.T. OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS • DOC.# DOCUMENT NUMBER • C.M. CONTROLLING MONUMENT EXHIBIT "A" • SQ. FT. SQUARE FEET EASEMENT ENCROACHMENT EXHIBIT • ROW RIGHT OF WAY 690 SQUARE FEET • CRS CAPPED REBAR SET PART OF LOT 1 R1, BLOCK A ST. LAURENCE EPISCOPAL CHURCH ADDITION CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS DATE: 02/19/2025 JOB NO.: 2025.001.388 PAGE 1 OF 2 PREPARED BY JOHN H. BARTON III, RPLS# 6737, BARTON CHAPA SURVEYING, LLC, 3601 NE LOOP 820, STE. 108, FORT WORTH, TX 76137, TBPELS FIRM#10194474, INFO®BCSDFW.COM PROPERTY DESCRIPTION BEING part of Lot 1R1, Block A, St. Laurence Episcopal Church Addition, an addition in the City of Southlake, Tarrant County, Texas, according to the plat recorded in document number D217127574, Official Public Records, Tarrant County, Texas, the subject tract being more particularly described as follows: BEGINNING at a point in the northwest line of an existing drainage and utility easement, from which an "X" cut found at the southwest corner of said Lot 1R1 bears SOUTH 39 degrees 07 minutes 10 seconds WEST, 358.18 feet; THENCE with the northwest line of said easement, 10.11 feet along the arc of a curve, concave to the southeast, having a radius of 80.00 feet, a central angle of 07 degrees 14 minutes 38 seconds, and a chord bearing and distance of NORTH 36 degrees 52 minutes 36 seconds EAST, 10.11 feet; THENCE through the interior of said Lot 1R1, SOUTH 44 degrees 45 minutes 39 seconds EAST, a distance of 66.28 feet to the southeast line of said easement, at the beginning of a non -tangent curve to the left, having a radius of 15.00 feet, a central angle of 08 degrees 53 minutes 00 seconds, and a chord bearing and distance of SOUTH 14 degrees 39 minutes 25 seconds WEST, 2.32 feet; THENCE with the southeast line of said easement, along the arc of said curve, an arc distance of 2.33 feet; THENCE with the southeast line of said easement, SOUTH 10 degrees 12 minutes 54 seconds WEST, a distance of 9.77 feet; THENCE through the interior of said Lot 1R1, NORTH 44 degrees 45 minutes 39 seconds WEST, a distance of 71.60 feet, returning to the POINT OF BEGINNING and enclosing 0.016 acres (690 square feet) of land, more or less. SURVEYOR'S CERTIFICATE This is to certify that I, John H. Barton III, a Registered Professional Land Surveyor of the State of Texas, have prepared this map from an actual survey on the ground, and that this map correctly represents that survey made by me or under my direction and supervision. EXHIBIT "A" EASEMENT ENCROACHMENT EXHIBIT 690 SQUARE FEET PART OF LOT 1 R1, BLOCK A ST. LAURENCE EPISCOPAL CHURCH ADDITION CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS DATE: 02/19/2025 JOB NO.: 2025.001.388 PAGE 2 OF 2 PREPARED BY JOHN H. BARTON III, RPLS# 6737, BARTON CHAPA SURVEYING, LLC, 3601 NE LOOP 820, STE. 108, FORT WORTH, TX 76137, TBPELS FIRM#10194474, INFO®BCSDFW.COM 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. Page is too large to OCR. 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: (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: AT&T / Southwestern Bell Telephone Compan 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 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.ColIier@charter.com Bedford, TX 76021 Office: (817) 685-1257 (ext. 1313) Fax: (817) 359-1338 Email: gregory.zylka@atmosenergy.com