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Item 4D - EXH-4 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 screening wall within a public drainage and utility easement. WTG OVERLOOK LLC Printe me f ro I wn r SigrtAurv Property Owper 680 N CARROLL AVE Address SOUTHLAKE TX 76092 City State Zip 817-617-9105 Telephone Fax Number 0 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 Ovedook LLC , herein after referred to as "Applicant,' to use an easement, situated on or abutting LOT aX , BLOCK A , OF Willow Tree Gardens IN THE CITY OF SOUTHLAKE, TEXAS, as descried on thebattached 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 screening wall within a public drainage and utility 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 ofthe 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:\00-New NDrivc\ADNRNISTRATION-PW DEPTEmma\Agreemeuts\bunt Use and Enemeohmevt Agecment � Public Easement-2022 OPdnte dccs 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 Alumbaugh City of Southlake Printed Name By: By ppli r nrt SignatureFMayor NOTE: Complete the attached acknowledgements. EXHIBIT'1' 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 Vendors Lien to WIG OVERLOOK LLC., recorded in Instrument Number D223227426, Official Public Records, Tarrant County, Texas, and being a portion at that certain public drainage and utility easement also known as Lot BX, Block A of proposed WillmTree Gardens (CASE NO: ZA25-006) Addition to the City Southlake, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a found 1/2" iron rod with cap stamped "ypassociates.com" from which a found 5/8" iron rod with tap stamped "PBS 8 X bears North 70 degrees 25 minutes 41 seconds East (Grid Bearings based on North American Datum of 1983 (2011) EPOCH 2O10, North Central Zone), a distance of 1.6 feel , and at the southwest comer of said Lot 8X (ground distances are expressed in US survey feet using a project combined scale factor of 1.00012); THENCE Norm 00 degrees 16 minutes 57 seconds West, with the west line of saitl proposed Lot aX, a distance of 1974 feet to a point for comer from which the northwest corner of said Lot BX bears North 00 degrees 16 minutes 57 seconds, a distance of 161.77 feet, from which a found 5/8" iron with with illegible rap beam North 78 degrees 56 minutes 11 seconds West, a distance of 0.40 feet; THENCE North 45 degrees 00 minutes OD seconds West, across said Lot aX, a distance of 7.04 feet to a point for comer; THENCE South 00 degrees 16 minutes 67 seconds East, confinuing across said Lot 8X, a distance of 24.69 feet to a point for corner in the south line of said Lot 8X; THENCE South 89 degrees 43 minutes 03 seconds West, with the south line of said Lot aX, a distance of 5.00 feet to the POINT OF BEGINNING and containing 0.003 acres, or 111 square feet of land, more or less. An exhibit of n date amompanks this metes and bounds demripeon. YAZLPLES & EVS ASCIALLC is tatsaozz P.O. B097 817.16R3316 �BedfuM, TX 76095 ypassodal Xo,n infoGyya�sodates.mm \1\ ot�' ENCROACHMENT EXHIBIT OF CALLED 9.595 ACRES TO WTG OVERLOOK, LLC INSTRUMENT NUMBER D224227426 OFFICIAL PUBLIC RECORDS TARRANT COUNTY, TOCAS CTfY OF SOUTHILAKE N SCALE C=20' Feat EXHIBIT 7 POINT FOR CORNER FROM WHICH A FOUND 518" IRON ROD WITH ILLEGIBLE CAP BEARS N78`58'1 VW OAP LINE TABLE NO. BEARING LENGTH L1 N0096'6TW 19.T4' L2 N45"OPOO"E TW U SM-16'57"E 24.69 L4 S89'43'03"W 3 TAP�'�NO es LOT 18, BLOCK TWO FOXBOROUGH I �^ �` DRAINAGE AND CABINET A, SLIDE 3999 w i UTILITY EASEMENT PRTCT w PROPOSED w ® LOT 8X SLOCKA GK WILLOW TREE GARDENS z CASE NO: ZA25-0006 orb a $m ENCROACHMENT 10' DRAINAGE EASEMENT B UTILITY EASEMENT AREA CABINET A, SLIDE 3999 PRTCT 0.003 ACRES 111 SQUARE FEET DRAINAGE EASEMENT I `POINT OF BEGINNING UTILITY EASEMENT I FOUND 1 2" IRON ROD WITH CAP CABINET A, SLIDE 3999 C STAMPED "yP8Nodafas.com" PRTCT I FROM WHICH 51W IRON ROD WITH CAP STAMPED "PBS 8 J BEARS N70°2641"E 1.6' LOT IR, MOCK LOT 9, BLOCK TWO MENDEZADDITION 6' UTILITY EASEMENT INSTRUMENT NUMBER FOXBOROUGH CABINET A, SLIDE 3999 INSTRUMENT NUMBER D209281168, PRTCT PRTCT I tl20828116B, PRTCT ENCROACHMENT op EXHIBIT A.P q�.Ft ` P° . OF CALLED 9.595 ACRES TO WTG OVERLOOK, LLC YAZEL PEERS& L MUHST INSTRUMENT NUMBER 7426 M LLC �. 9 8230 a- 00C�7 OFFICIAL PUBLIC RECORDS TBPELS 10194022 1 TARRANT COUNTY, TIDIAS P.O. Box TS1y.2965 6 6eamm, TX 7N5B9s ypessotlffi mm SYN mroNyp�.mm -y k CITY OF SOMIAKE 2023-11400) PAGE 20F 2 uA 12.2025 TARRANT COUNTY, TEXAS 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 Stale 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 VvTG 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 thi e day of ! 20 2y EMILV REEVES �n Notary 1p #134I95537 t`C�..�('p� My Commisslon Expires %+ra, rune �, 3ov Notary Pu 1 A and for the State of Texas o-mv 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 voth 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 Pnm) Title: (Please Pint) Verizon Telephone Company By: (Please Print) Title: (Please Prior) Signature: Charter Communications, Inc. BY (Please Pont) Title: (Please Pnm) Signature: Atmos Energy BY (Please Prim) Title: (Please Rim) Signature: AT&T / Southwestern Bell Telephone Company By: (Please Rim) Title: (Please Print) Signature: Tri-County Electric Company By: (Please Rim) Title: (Please Pnm) City of Southlake By: (Please Pint) Title: (%ease Pdnt) Signature: SERVICE PROVIDER CONTACTS FOR EASEMENTS IN SOUTHLAKE Oncor Electric Delivery Tri-County Electric Cooperative, Inc. Lauren Baccus, Development Coor. Budd Rodgers, Distribution ROW Agent 109 Crestwood Lane 4900 Keller -Hicks Road Springtown, TX 76082 Fort Worth, TX 76244 Office: (817) 443-3434 Office: (817) 752-8226 Mobile: (432) 234-9052 Fax: (817) 431-9680 Email: buddy.rodgers@oncor.com AT&T/Southwestem 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) Maria Collier, Charter Coordinator Greg Zylka, Project Manager Office: (817) 298-3615 2000 Reliance Pkwy Email: Marla.Collier@charter.com Bedford, TX 76021 Office: (817) 685-1257 (ext. 1313) Fax: (817) 359-1338 Email: gregory.zylka@atmosenergy.com