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.
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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 &
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P.O. B097 817.16R3316
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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
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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