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Item 4F - MemoCITY OF SOUTH LAKE MEMORANDUM February 3, 2026 To: Alison Ortowski, City Manager From: Lauren LaNeave, Interim Director of Public Works Item 4F Subject: Approve an Encroachment and Joint Use Agreement for the placement of retaining walls within a drainage easement and water and sanitary sewer easement located in the Brumlow East subdivision. Action Requested: Approve an Encroachment and Joint Use Agreement for the placement of retaining walls within a drainage easement and water and sanitary sewer easement located in the Brumlow East subdivision. Background Information: The purpose of this item is to seek City Council approval of an Encroachment and Joint Use Agreement for the placement of retaining walls within a variable width drainage easement and a 15- foot wide water and sanitary sewer easement located in the Brumlow East subdivision. This agreement will allow the developer to place retaining walls on both sides of the drainage channel along the east side of the subdivision and along the east side of the commercial portion of the development. The retaining walls will run along the west side of the channel from E. Continental Blvd to the southern property boundary, and along the east side of the channel adjacent to Lots 4 and 5, Block B. The drainage easement will be dedicated along the east side of the subdivision, between the proposed roadway and Lots 4 and 5, Block B, for a variable width drainage channel located within the Floodplain. The Developer is working along with the City of Southlake to complete a LOMR with FEMA for the modifications to the floodplain. The retaining walls are needed to allow for the required volume for the channel and are an essential part of the grading design. The retaining walls were also included in the flood study that has been reviewed and approved by the City and the City's third -party reviewer. Public Works Drainage has reviewed and approved the encroachment. The water and sanitary sewer easement will be dedicated for the installation of an 8-inch water line and an 8-inch sanitary sewer line. The retaining wall will not Page 1 of 2 Item 4F impede access to the public infrastructure and has been approved by Public Works Operations. Financial Considerations: This is a no cost agreement. Strategic Link: This item links to the City's Strategy Map strategic focus area of Partnership & Volunteerism. It specifically relates to the Critical Business Outcome is, B2: Collaborating with select partners to implement service solutions. Citizen Input/ Board Review: None. Legal Review: The City Attorney has reviewed and approved the agreement. Alternatives: The City Council may approve or deny the agreement. Supporting Documents: Attachment A: Encroachment Agreement Documents Attachment B: Letter of Approval Attachment C: Location Map Staff Recommendation: Approve an Encroachment and Joint Use Agreement for the placement of retaining walls within a drainage easement and water and sanitary sewer easement located in the Brumlow East subdivision. Staff Contact: Lauren LaNeave, Interim Director of Public Works Sandy Endy, P.E., CFM, Development Engineer Jeff Ginn, P.E.,CFM, City Engineer Page 2 of 2 Location Map L91 APPLICATION FOR ENCROACHMENT AND JOINT USE AGREEMENT OF A PUBLIC DRAINAGE AND / OR UTILITY EASEMENT 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 dr inage / or utilit i easement situated on or abutting property located at 7 5B if�IM�GI.� V-0- 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: % ke TuJN „�. v-al/c -10 6e ca�csf fe� :�, � a��kW kk f��y � a 0,4 A ge6fal env �*f f, /- 4 c 6i'�- Printed Name of Prj6Perty Telephone Fax Number �ujl 'v . TX 7K0 S/ city I State Zip L51 Easement Joint Use Agreement THE STATEAS TYOF COUNRe/ 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 megy arga,/Dw LG herein after referred to "Aas pplicant," to use an easement, situated on or abutting LOT3k�2/X. BLOCKS, OF 1?1?^ n/o�✓ E4tf IN THE CITY OF SOUTHLAKE, TEXAS, as described on the attached Exhibit No. 1, depicted graphically on the attached EXHIBIT No. 2 and consented t9 by thg public utilitJy,c�omRanies as listed on the attached EXHIBIT No. 3, to be used for the purposes of LOKS dk� do Rey6eAeAh *-,*//t lot -14 at/C4�Kayt ct£ kd 6t J�i�� ereseRzaa �S, 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. IVI 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 N Drive\ADMINISTRATION-PW DEPWorms\AgreementsUoint 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. i IN TESTIM ONY WHEREOF, Applicant executes this Easement Agreement on this 1 7 day of No�a�rrb�.c , 20 a s- . City of Southlake By: Mayor Complete the attached acknowledgements. Note: Only complete the appropriate acknowledgements THE STATE OF TEXAS COUNTY OF TARRANT Corporate Acknowledgment BEFORE ME, the undersigned authority, A Notary Public in and for the State of Texas, on this day personally appeared Lti.mo W f (1,) A, c 61 , 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 tei4k '22eulrl A", Er c�_�lea corporation, and that he executed same for the purposes and consideration therein expressed and in theltapacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the k 7 day of lryn6 ,2045�- DEB DOyPubic N *:* STA� TOMS ro�tt97oeee Aritxmn.6y. 2= My lommissian THE STATE OF TEXAS § COUNTY OF TARRANT § to'ub,"i"Cjo(— L Notary Public in and for the State of Texas 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 Acknowledament 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 My Commission Expires: 20_ Notary Public in and for the State of Texas 1M1:I1=3iik'LOX Being that portion of that certain public utility easement / drainage easement situated in 13,1rc�,/0 Easf Addition/Survey to the City of Southlake, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: S22 a' jj���r�� �2�!i2e �2t c�tjd��0�►. B Lam+/ w a�� ��d� Tara 117 �Co7t X 22 O, Old Town Surveying, LLC Professional Land Surveyors 810 0JEw Pak Circle, Ste. 130, Lewimville, TX 75057 Ph. 469-293-8079 info@oldtowns eyngcom TFRNNombe., 10194611 BEING a 0.060 acre tract of land situated in the Harrison Decker Survey, Abstract Number 438, Tarrant County, Texas, and being a portion of that certain tract of land described by deed to Wright Brumlow East RE, LLC., recorded under Instrument Number D220237772, Official Public Records, Tarrant County, Texas (O.P.R.T.C.T.), and being more particularly described as follows: COMMENCING at a 1/2 inch iron rod with blue cap stamped "OLD TOWNSURVEYING" set for corner being the northwest comer of said Wright Brumlow tract, same point being in the south right-of- way line of E. Continental Boulevard; THENCE North 89 degrees 33 minutes 41 seconds East, with the south right-of-way line of said E. Continental Boulevard and the north line of said Wright Brumlow, a distance of 139.73 feet to the POINT OF BEGINNING of the herein described tract; THENCE North 89 degrees 33 minutes 41 seconds East, continuing on with the south right-of-way line of said E. Continental Boulevard and the north line of said Wright Brumlow tract, a distance of 164.07 feet to a point for corner; THENCE South 00 degrees 26 minutes 19 seconds East, over and across said Wright Brumlow tract, a distance of 16.12 feet to a point for corner; THENCE South 89 degrees 36 minutes 21 seconds West, over and across said Wright Brumlow tract, a distance of 164.07 feet to a point for corner; THENCE North 00 degrees 26 minutes 19 seconds West, over and across said Wright Brumlow tract, a distance of 15.99 feet to the POINT OF BEGINNING and containing 2,634 square feet or 0.060 acres of land, more or less. 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Indicate on the drawing whether the encroachment is for a utility, drainage, private access, easement or,fight- of-way. 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N IU.AXE cnaxoa ey .IRx GRADING PLAN SOUT, TEXAS, ¢ A civil Engineers-Pers �lenn Oole: SEPiEMBER 2fi. 2025 V A i 101 veleall bium Propct No. 005-015 "�.w "- /d,Q4inap.e, S¢H 1/ilz S2 o zed 4/ex 9,z se r,awls MATCH LINE SHEET C-5 ini --_ m\ \ ___— �I fp4 1 � _ MATCHLINE rvHEET C—•69 COMMERCIALAREA5 1� •�" 9 Po / \ \ hL \ \ \\\ rrr In In ,l i III O n -61 / / i� III 1 , •Na� d.�'w£ •3�gi¢ M5g f\\ 3u D v / 11 ♦ \\` '�Rs Y��E�Q °"iiye n IIIII "^ V11\ \ q'e4 ;X -95 R_4 i i ii�Il��o` i n i ��a ens mas i i lilli� \ gin FJd Fan ;' pJPp'S 1 s en 3 � i 1 02� e € oa�F IgN n e R _ — g$� .mg= m�a IoMs/ss ws uxE ssur RecRnswc Ridinger o e `,„ RESIDENTIAL AREA sxumn.owRFClnex�uc F,., k� Associates, Inc. cn".u°a ex anx GRADING PLAN 80[TTHLAKE, TEXAS Plf Civil Engineers -Planners oar°: �rrEmam zs, zozs IGGGG/ raject No. W5—Or5 mval�eMicv kS d�d� roa`3 / / �i g2 o 4 III 9 II In II I I I Jii� Am III I] I I I I� I n I,I �l I I I I 1 I � I I I III I I III I I I I I I I I I I I I I I \ E------------_-----_ _ a I = —I--------- i II4r— — — L----------� I a I I I by I III m 11 in I —_ I II ili ICI I II I I ,-- I , I a co I I 20 A�A ut� g V O --T--F —T ro rz; I I I I I I I I I I I I I $x I I I I I I I I I I I I I I I I I I I I g c� x a� No. I Date I Revisions App. Scale: 1 "=100' Designed by. LDR OVERALL WATER & $RUMLOW RESIDENTIAL Ridinger o m Drawn by. JwH WASTEWATER PLAN Associates, Inc. mm Checked by. JRK SOUTBLAKE, TEXAS Civil Engineers -Planners v Date: DECEMBER 12, 2025 rlan No. 1969 550 S. No, Lone, Suite 101 Tel. No. 972 353-8000 Project No. 005-015 LewiWile, Te— 75067 Fax No. 972 353-8011 UP 0 — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — � I II i /A I � II I I UP I ' I I GUY I II I � I fi� I II I , I' San. Sew. N Manhole w w Top= 597.74 I I I FL=586.64 San Sew. 7,380 S.F. 0 Manhole FLP 3 586.53 I I I� I I� I �� ®•I I I - - ® .I _ II ---- qo------------ + OJ i 7,380 S.F. San. Se w. Manhole Top=595.86 — -coc 1/1 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. 1#1.: kdilIO 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. C lug Glii 4 a a Gv i/s a y[ �� �' c�•s� eisfot&or4r, Oncor Electric Delivery Company AT&T / Southwestern Bell Telephone Compan 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 Enerqy By: (Please Print) Title: (Please Print) Signature: 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: SOUTHLAKE PUBLIC WORKS .W /m City of Southlake January 20, 2026 Martin Schelling 2665 N. White Chapel Blvd. Southlake, TX 76092 Re: Brumlow East Drainage and Utility Easement Encroachment Dear Mr. Schelling, In response to your request, the City of Southlake Public Works Department has reviewed the encroachment agreement for the placement of a retaining wall within the drainage and utility easement. The encroachment agreement is scheduled for the February 3, 2026 City Council meeting. Upon approval from City Council, this letter is intended to represent the City's approval for the proposed retaining wall encroachment into the drainage and utility easement with the following requirements: ownership and maintenance of the proposed retaining wall improvements will be the responsibility of the property owner and not the city. Per the executed encroachment agreement, the city shall not be responsible for any damage to the retaining wall if the city is required to perform maintenance on the drainage, water, and/or sanitary sewer pipes. It shall also be noted that the utility plans for Brumlow East are not finalized at the time of approval of this agreement and shall ensure that the following requirements are met: (1) all utility crossing below the retaining wall shall be steal encased; (2) during construction plan review the proposed water and sewer utilities shall follow the Public Works Operations separation requirements from the retaining wall. If you have any questions or require additional information, please contact Sandy Endy at (817) 748-8033 or sendykci.southlake.tx.us Sincerely, Sandy Endy, PE Development Engineer