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Item 4D - EXH-1 JUEA easement JEA 10-7-259 APPLICATION FOR ENCROACHMENT AND JOINT USE AGREEMENT OF A PUBLIC DRAINAGE AND / OR UTILITY EASEMENT October 8, 2025 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 I or utility easement situated on or abutting property located at Willow Tree Gardens 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: Installation of a sidewalk and screening wall within a public water easement. WTG OVERLOOK LLC Printed : me of Pro a Ow er SIgrcaturr roperty ner 680 N CARROLL AVE SOUTHLAKE TX 76092 City State Zip 817-617-9105 Telephone Fax Number L 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 WTG Overlook LLC herein after referred to as "Applicant," to use an easement, situated on or abutting LOT t ,BLOCK B , OF Willow Tree Gardens 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 Installation of a sidewalk and screening wall within a public water easement 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. 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. ILYA 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. Od00-NMNDnv N\ MNISTRATION-PW DEPt1Fo,me\Agr mU\Jomt Uscm,d EncmmhmmtAg mt-Public Emcmcnt-.022Opdme.ax IM 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 8th day of October 2025 Jody Alumbauuh City of Southlake Printed Name By: / By ,App 0 Ants Signatur Mayor NOTE: Complete the attached acknowledgements. EXHIBIT 'V METES AND BOUNDS DESCRIPTION BEING a portion of a 9.595 acre tract of land situated in W. Hell Survey, Abstract No. 695, described in Special Warranty Deed With Vendor's Lien to WIG OVERLOOK LLC., recorded in Instrument Number D223227426, Official Public Records, Tarrant County, Texas, and being pan of Lot 1, Block 8 of proposed WiliowTnm Gardens (CASE NO: ZA25-0006) Addition to the City Southlaks, Tarrant County, Texas, and being more particularly described by mates and bounds as follows: COMMENCING at a found T wood fence post from which a found IIT iron rod with cap stamped "ypassoclates.com" bears South 00 degrees 01 minutes 32 seconds East (Grid Bearings based on North American Datum of 1983 (2011) EPOCH 2O10, North Central Zone), a distance of 124.36 feet, and at an ell comer of proposed Lot 6X, Black A of said WillmTre , Gardens (ground distances are expressed in US survey feet using a project combined scale factor of 1.00012); THENCE North 89 degrees 25 minutes 10 seconds East, with the south line of said Lot 6X, a distance of 175.56 feet to a point for corner at the southeast corner of said proposed Lot 6X and the southwest comer of said Lot 1; THENCE North 00 degrees 41 minutes 18 seconds West, with the west line of said Lot 1, a distance of 105.86 feet to THE POINT OF BEGINNING; THENCE North 00 degrees 41 minutes 18 seconds West, across said Lot 1, a distance of 10.00 feet to a point for comer in the west line of said Lot 1; THENCE North 89 degrees 18 minutes 42 seconds East, continuing across said Lot 1, a distance of 10.00 feet to a point for corner, THENCE South 00 degrees 41 minutes 18 seconds East, continuing across said Lot 1, a distance of 10.00 feet to a point for comer; THENCE South 89 degrees 18 minutes 42 seconds West, with the south line of said Lot 1, a distance of 10.00 feet to the POINT OF BEGINNING and containing 0.002 acres, or 100 square feet of land, more or less. An exhibit of even date aaanpanies mie metes and bounds description. YAZEL PEEBLES & ASSOCIATES LLC TBP19510IM22 PA. aox 2100a7 317.269.aa16 \BeMord, TX 76095 ypaS data6.Nm inro@y sodates.com ENCROACHMENT EXHIBIT OF CALLED 9.595 ACRES TO WTG OVERLOOK, LLC INSTRUMENT NUMBER D224227426 OFFICIAL PUBLIC RECORDS TARRANT COUNTY, TEXAS CrrV OF SOUTHLAKE N ` �I SCALE 1"=20' N7•N�qs NO 6 5 Feel EXHIBIT IT ENCROACHMENT AREA 0.002 ACRES 100 SQUARE FEET POINT OF - BEGINNING PROPOSED LOTIX PROPOSED PUBLIC ACCESS, LOTSXBLOCKA EMERGENCYACCESS, WILLOWTREEGARDENS DRAINAGE AND CASE NO: ZA25-0005 UTILITY EASEMENT CASE NO: ZA25-0006 LINE TABLE NO. BEARING LENGTH Li NOW41.18-W 10.W' L2 N89-1842"E 10.00' L3 SOO'41'18"E 10.00, L4 S89'18'421W 10.00' POINT OF COMMENCING HOAACCESSAND 1'DIAMETER WOOD UTILITY EASEMENT FENCE POST FOR CORNER FROM VMICH A FOUND 1X IRON ROD WITH PROPOSED CAP STAMPED ypaea 10S.wm" bears LOT 6X BLOCKA S00'01'32"E 124.35 WILLOW TREE GARDENS L CASE NO: ZA25-M YAZEL PEEBLES & "fw ASSOCIATES LLC I PELS 101990R i 9 P.0. Sox Z10097 Bedford, TX 76095 81].288.33L6 kj ypassxiab;s:com infa�ypassociates.wm L-10' SANITARY SEWER EASEMENT CASE NO: ZA25-00D6 3 WATER EASEMENT CASE NO: ZA25-0006 PROPOSED LOT 1 BLOCK B WILLOW TREE GARDENS CASE NO: ZA25-0006 I AND HOA WALL MAINTENANCE EASEMENT CASE NO: ZA25-0006 L s' anon EASEMENT CASE NO: ZA25-0DOB ENCROACHMENT EXHIBIT OF CALLED 9.595 ACRES TO WTG OVERLOOK, LLC INSTRUMENT NUMBER D224227426 OFFICIAL PUBLIC RECORDS TARRANT COUNTY, TEXAS CITY OF SOUTHLAKE Note: Only complete the appropriate acknowledgements THE STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, A Notary Public in and for the State of Texas, on this day personally appeared Jody Alumbaugh , 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 WrG Overlook LLC , 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 r .- day ofjoaJEJ& 20 . EMILY REEVES rQ/�/ notary ID siton E pile A. Public �J y My CJune 7,, 2 Ezpires Notary p Din and for the State of Texas cr June ], 202) My Commission Expires: T THE STATE OF TEXAS COUNTYOFTARRANT 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 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. 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) (Please Verizon Telephone Company ey: (Please PAM) Title: (Please Print) Signature: Charter Communications, Inc. By. (Please Print) Tate: (Please POM) Atmos Enerav By: Title: Signature: AT&T / Southwestern Bell Telephone Company By: (Please Print) Tide: (Please Pdru Signature: Tri-County Bectric Company By: (Please Print) Title: Signature: City of Southlake By: (Please PtlM) Tide: (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 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, ING Maria 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.garca@ftr.com Atmos Enemy (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