Loading...
Item 4D - EXH-2 JUEA easement JEA 10-7-25APPLICATION 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 / 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 crossing public sanitary sewer easement. WTG OVERLOOK LLC Printed m of er Cwner Sig atu 69 Property O#her 680 N CARROLL AVE Address SOUTHLAKE TX 76092 City State Zip 817-617-9105 Telephone Fax Number LCM 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 WrG Overlook LLC , herein after referred to as "Applicant,' to use an easement, situated on or abutting LOT t , BLOCK e , 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 nealkfim das skarxl sm irs asi=wir, pablm sanitary a a a arc is 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 Ufilities 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. 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. O:\o0-NewNDrive\ADM M6 TION-PW DEPT—\A,—mmsVont Ux and Enomo mmt A,—mt-Public Ea—mt-2022 Update doox 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 am day of October 20 25 Jody Alumbaugh CHy of Southlake Printed Name By: By. ppli t ignatur Mayor NOTE: Complete the attached acknowledgements. EXHIBIT T METES AND BOUNDS DESCRIPTION BEING a portion of a 9.595 acre tract of land situated in W. Hall Survey, Abstract No. 695. described in Special Warranty Deed With Vendor's Uen to WfG OVERLOOK LLC., recorded in Instrument Number D223227426, Official Public Records, Tamara County, Texas, and being a portion of Lot 1, Block B of proposed WillowTree Gardens (CASE NO: ZA25-0006) Addition to the City Southlake, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a found 1' wood fence post from which a found IQ" iron rod with cap stamped "ypassocistes.com" bears Sough 00 degrees 01 minutes 32 seccri East (Grid Bearings based on Norm American Datum of 1983 (2011) EPOCH 2O10, North Central Zone), a distance of 124.36 feet, and at an ell corner of proposed Lot OX, Block A of said W IlowTree Gardens (ground distances are expressed in US survey feet using a project combined scale factor of 1 1=12); THENCE North 89 degrees 25 minutes 10 seconds East, with the south time of said Lot 6X, a distance of 175.58 feet to a point for comer at the southeast comer of said proposed Lot 6X and the southwest comer of said Lot 1; THENCE Norm 00 degrees 41 minutes 18 seconds West, with the west line of said Lot 1. a distance of 130?4 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 poird 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 corner; 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. M exhibit of even dare accompanies this metes and bounds description. YAZEL PEEBLES & ASSOCIATES LLC TWEM 101NOR P.O. Box 210097 $1726e.3316 \edfod, Tx 76095 ypa5fi0tlatPS— Inb,QyPassndaRs.mm EXHIBIT OF CALLED 9.595 ACRES TO WTG OVERLOOK, LLC IN51RUMFM NUMBER D724227426 OFFICIAL PUBLIC RECORDS TARRANT COUNTY, TEXAS CITY OF SOUTHIAKE TARRANT COUNTY, TIX IN 0 20 90 Fee EXHIBIT'2' 1 "=2 20' syR`I695 ENCROACHMENT N• N°' AREA 0.002 ACRES 100 SQUARE FEET PROPOSED LOT 5X BLOCKA WILLOW TREE GARDENS CASE NO: ZA254008 PROPOSED LOTIX PUBLICACCESS, EMERGENCY ACCESS, DRAINAGE AND UTILITY EASEMENT CASE NO: ZA25-0006 LINE TABLE NO. BEARING LENGTH L1 NOO.41.18W IO.W L2 N89"18'42"E 10.00' L3 SOO-41-18M 10.00' IA 889-IS'42-W 10.09 POINT OF COMMENCING HOAACCESSAND 1' DIAMETER WOOD UTILITY EASEMENT FENCE POST FOR CORNER FROM WHICH A FOUND 1/2" IRON ROD WITH PROPOSED CAP STAMPED "ypassoaates.mm" bears LOT SX BLOCKA S00°0t'32"E 124.38' WILLOW TREE GARDENS N CASE NO: ZA25-0ODO YAZEL PEEBLES & ASSOCIATES LLC Tm+F1s 1a1s-w2z P.O. Box 210097 81Z.268.3318 \BeAfOrO,TX76095 Ypesw ..mm ImaypaSp es.mm 10' SANITARY SEWER EASEMENT CASE NO: ZA25-0005 OF 110'WATER EASEMENT CASE NO: ZA25-ODD6 PROPOSED LOT 1 BLOCK B WILLOW TREE GARDENS CASE NO: ZA25-00M 10' PUBLIC ACCESS AND HOA WALL MAINTENANCE EASEMENT CASE NO. ZA25-0000 5' UTILITY EASEMENT CASE NO: ZA25-M EXHIBIT OF CALLED 9.595 ACRES TO WTG OVERLOOK, LLC INSTRUMENT NUMBER D224227426 OFFICIAL PUBLIC RECORDS TARRANT COUNTY, TEXAS l 4 11.. .1. Note: Only complete the appropriate acknowledgements THE STATE OF TEXAS COUNTYOFTARRANT Corporate Acknowledgment 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 WTG 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 SE a 3otary dayof 20FAIILaotery Ip #13439552My Commission Expir3mw 7, 2027 Pub' 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 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 Bectric Delivery Company By: (Please Print) Tide: (Plea.. Print) Signature: Verizon Telephone Company By: (Please Print) Title: (Please Print) Signature: Charter Communications Inc By: (Please Prinn Title: (Please Print) Signature: Atmos Eneray By: (Please Pnnn Title: (Please Print) Signature: AT&T / Southwestern Bell Telephone Company By: (Please Print) Title: (Please Pnnn Signature: Tri-County Electric Company By: (Please Pant) Title: (Please Print) City of Sotnhlake BY (Please Pant) 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.rodgem@oncor.eom 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 Maria Collier, Charter Coordinator Office: (817) 298-3615 Email: Maria.Collier@charter.com Tri-County Electric Cooperative. Inc. Lauren Baccus, Development Coor. 4900 Keller -Hicks Road Fort Worth, TX 76244 Office: (617) 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 Enerav(Gasl 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