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Item 4G - MemoCITY OF SOUTHLAKE MEMORANDUM February 3, 2026 To: Alison Ortowski, City Manager From: Lauren LaNeave, Interim Director of Public Works Item 4G Subject: Approve an Encroachment and Joint Use Agreement for the placement retaining walls within a drainage and utility easement located in the Miracle Point subdivision. Action Requested: Approve an Encroachment and Joint Use Agreement for the placement retaining walls within a drainage and utility easement located in the Miracle Point 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 20-foot drainage and utility easement located in the Miracle Point subdivision. This agreement will allow the developer to place retaining walls on both sides of the easement along the north side of the property. The drainage and utility easement was dedicated along the north side of the lot for an 18-inch storm pipe and an 8-inch sanitary sewer pipe. The drainage and utility easement was dedicated for underground piping only. The retaining wall will not impede drainage flow or access to the public infrastructure. Public Works Operations has reviewed and approved the location of the retaining walls. 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, 132: Collaborating with select partners to implement service solutions. Citizen Input/ Board Review: None. Page 1 of 2 Item 4G 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 retaining walls within a drainage and utility easement located in the Miracle Point 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 INSTRUCTIONS FOR COMPLETING AN ENCROACHMENT AND JOINT USE AGREEMENT OF A PUBLIC EASEMENT All forms shall be signed in ink only by a property owner, legal partner or corporate officer. An authorized agent of the landowner must submit a Power of Attorney. PLEASE SUBMIT ALL OF THE FOLLOWING REQUIRED DOCUMENTS: 1. One copy of the Application with an original signature. 2. One copy of the Easement Joint Use Agreement with an original signature, signed and notarized. Do not submit copies of signatures and notary acknowledgments. 3. One copy of EXHIBIT NO. 1 that contains the precise metes and bounds description of the part of the easement to be used. This information is best provided by a registered land surveyor. Note that the City staff is not authorized to prepare this information. Do not place drawings or plats on this exhibit. 4. One copy of EXHIBIT NO. 2 which shows in graphic form the nature of the encroachment with dimensions. Please limit the area of usage of the easement to only that needed to accommodate your needs. Plans or drawings may be reduced, provided the final document is legible. City staff will make final decision on legibility. 5. The Public Works Department may require an additional EXHIBIT NO. 2A which may include a detailed drawing or cross sectional drawings of decks, signs, retaining walls, fences, driveways, piers, footings, etc. to fully evaluate the extent of the encroachment 6. One copy of EXHIBIT NO. 3 with original signatures, signed by all agencies listed regardless of whether they have utility equipment in the easement. This will need to be done before submitting to the City of Southlake. 7. After this agreement is filled out, you will need to return it to Public Works Department and pay: • The Public Easement Encroachment Permit Fee of $155. 8. This agreement will be circulated through the Public Works, Planning and Development and Building Inspection Departments within the City of Southlake. Please allow approximately seven to ten working days to complete the circulation process. 9. This agreement's final review and approval rests with the Director of Public Works. 10. After approval by the Director of Public Works, a copy of the signed agreement is forwarded to the Building Permit Department for retention in any pending permit files, a copy is retained in the Public Works Department and a copy is sent to the applicant for their records. Submit these documents to: City of Southlake Department of Public Works 1400 Main Street, Suite 320 Southlake, TX 76092 0:\00-New N Drive\ADMINISTRATION-PW DEP nForms\Agrcements\Joint Use and Encroachment Agreement - Public Easement-2022 Update.docx 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 drainage and J or utility easement situated on or abutting property located at 2050 Miracle Pointe, Southlake 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: To run retaining walls in parallel to protect future house and direct drainage - also placement of driveway GP Land 1 Ltd Printed N P e Owner Signature of Property Owner As President Of GP Land Management Inc - PO Box 93984 Address Southlake, Texas 76092 City State Zip Telephone N/a Fax Number The General Partner For GP Land 1 Ltd 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 GP Land 1 Ltd , herein after referred to as "Applicant," to use an easement, situated on or abutting LOT 8 , BLOCK 1 , OF Miracle Pointe 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 retaining walls in perimeter of easement to secure grade for a house Possible relocation of existing fence onto the proposed property retaining wall 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. 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. 0:100-New N DriveIADMINISTRATION-PW DEPTTorms\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. IN TESTIMONY WHEREOF, Applicant executes this Easement Agreement on this b day of 7 A"!� , 20_,x C. I Michael Garabedian City of Southlake Printed N�V-j/ By: By: Applicant's Signature Mayor NOTE: 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 Michael Garabedian , 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 GP Land 1 Ltd , 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 day of U N , 20 �- 4� MA DISC ANN SY ML LA i �j NctarylC:1143t5t�C i My i:ommissier En'•'es �'tOF,C Apra• tr, 2027 My Commission Expires: THE STATE OF TEXAS COUNTY OF TARRANT N ary Public in and f r 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 Michael Garabedian , 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. D AND SEAL OF OFFICE this the da y fix. ,. • +,� MADISON AN A Notary is 71343 ' My Commissi r April 19iu�Notary PuState of Texas My Commission Expir1 1 ------ _._..... _ ..... - — - THE STATE OF TEXAS § City of Southlake Acknowledgment COUNTY OF TARRANT 4 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: 2ZtFt: .=t ;f24t• Ssn.w-�•w�•w•a►rrra-•�r•-ua� r ` •t EXHIBIT NO. 1 Being that portion of that certain public utility easement / drainage easement situated in Miracle Pointe Addition/Survey to the City of Southlake, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: The 20' Drainage & Utility Easement, which is the north 20 of Lot 8 Block 1, Miracle Point, an addition to the City of Southlake, Tarrant County, according to the plat record in Cab. A, Slide 10928 P.R.T.C.T. The following is a drawing depicting the area or portion of the easement and property described in Exhibit No. 1, that is subject to the encroachment and joint use agreement in this application showing the nature of the encroachment and use with dimensions. This drawing shall include a north arrow, legal description of the subject property and adjoining properties. Indicate on the drawing whether the encroachment is for a utility, drainage, private access, easement or right- of-way. The wall adjacent to house is designated. for a height of up 6' - We have engineering for 4' or higher walls. The vertical face of the front of the wall will encroach 48" in to 2050 Easement Encroachment saw _ _ 5' MVATE DE u y riK��1$$E7iEi7 F CVER � EfA'li. Lp� DRAKAGE STEPS flCRN TO GRADE AS NEEDED I C� L J Minimum Finished Pad The wall on interior of property line will be approximately 2.5' high and the vertical face of the 2? back end of the wall will encroach ) about 12" into easement. Existing 8I hall wooden fence �l���'"�■lit • - — installed on top F of this wall I I ssembly F1 I I Sewer line L shows to be 5' uI� off property line as per city aL I plans 510E MA I Storm Sewer line _ _ 7 shows to 10' off propertyline as per city plans Tau' 2050 MIRACLE PONTE t E11 w COVER Storm Sewer � N E dYl Sewer 44 LL FOOT MNT 6'23' LOT 20,4V IMKRVIM COVERAGE 3053% Plat PLf 1'-20' Distinctive Dwellings LOT 16LK I MIRACLE POINTE Dwell in the possibilities WUTHLAKE, TEXAS GA1246£AIAN HOMES SPEC '2 wwwDistinctiveDwelVingsnet R81748t1249 6-II-25 Builder/Owner to verify and check all aspects of this site and plot plan prior to any construction N Z m W v Cn m c E a) n3 m .3 c ,o :E- p3 C .V Q N CL C in a) � Ea. W c O E E _ a) a) o 0 C � C � O _0_0 O (0 U C Tn a) ED o (cn U O U O C -0 SO G � m o � U a) a) -0 fl M N V a) CM .Q G O O � O CD cOn L M h Q) This is the wall t TOP BONG BEAM W/2-#4 IN SOILD GROUT CELL BAR 'D VERTICAL vEIdEER AS SELECTED Easement Side WEEP HOLES 0 20'-0-, 2-2 PVC PIPE FINSIH GRADE OR - CONCRETE PAVING t fr%_ITl" ``- t I 1-4 @R BAR 'C'I HDRIZONTAL L _ CONTINUOUS 2-p4 BOTTOM TYPICAL to the house ON -SITE MATERIALS This is the wall that will be adjacent to the house SPECIFICATIONS1�q I. IN7ERN411ONAL BWLDING CODE (IBC) 2027 2. SEE TYPICAL SECTION FOR LAYOUT DIMENSIONS AND OTHER SPECIFICATIONS. �,.• o m; SS 3. MORTAR SHALL BE TYPE F '.aH SAND P4X PER MANUFACTURER SPELIFICA' TT 19,, imi 0s (y � I 4. COMPACT BACKFILL c= -"� FACE. WFiH ....: � :_•ems COMPACTION' MACH:rI! ' y^r 5. FACTOR OF SAFETY FOR S. 1.5 x 5. FACTOR OF SAFETY FOR n; .;FINING: 2.0 w m U 7. ADDITIDNAL LOADS. DRNEfb!, ,�RCHAPf E200 PSF z COIITRJUOOS DRAINAGE GRAVEL I _oacttmr �, 4" DIAMETER PERFORATED This is the wall that will *cPaorvo�. k'onNa.�q -- h d b PvC PIPE WrTH FILT. F.R e adjacent to te "�'-►"" `"'h�� - Easement Side �A- x FABRIC DAYLIGHT PIPE House Side north property line u AS REQUIRED A B7. BAR 'B' I �r-sne wr.As _ e s• o,e L Sao m we c�Pc N i nrrsw ewer. on y � a o o VACK7E I j� \\ TYPICAL FppTING WipTH {M1N) 4 12" CIA PIER 6 FEET DEEP PIER DETPHT 6'-0" Fence side ® s•-Q- O.0 W/ 2-45 VERT BELOW Easement Side EXTEND REBAR 8 INCHES BOTTOM OF FOOTING INTO FOOTING rCa�alG :4qW ,¢ss W TYPICAL WALL SECTION TYPICAL WALL SECTION k �1 ­i 7K 4- .� 5 0 ].- 6.0 -0- 0 CMU BLOCK RETAINING WALO DIMENSION SCHEDULE n r SCALE: f- = I'-D" SCALE: 1- - 1•-0" R WALL SECTION CMU BLOCK (� W ' RETAINING WALL AT DRIVEWAY Z � sc 4c_ n, ,o r a S2 ;. This is the wall specifications that will be for the wall adjacent to the house Z a: w- BAR A BLNT DOWEL LAP WITH 1. CMU RrINF BAR 'A' House Side 1'-s CMU BLOCK RETAINING WALL SCHEDULE H i MAX G W MIN A B 7 EAR 'A BENT DOWEL BAR 'S' BAR 'C' BAR '6', VERI 2'-1)' V-0 2'-0- I'-0- 6- 8' @4 0 16" OC 3-#4 y4 0 15- OC #4 0 16- OC 4--0" 1'-6- 7'-6" 1'-0" 8" 8" o a a OC 4-p4 04 © 16" OC 04 6 16' CC 6•-0" 2'-0" 4'-0" V-0" 8" 12' 05 $• 8" oC I 5-p4 114 0 16" OC #4 0 IC OC NOTES: - 1. CONCRETE AND GROUT FILL' 30M PSI W COMPRESSIVE STRENGTH. 2. REBAR: GRADE 60 • k4 SARS AND GREATER GRADE 40-93 BARS, 3. RDCK VENEER FACING OPTIONAL AS SELECTED BY OWNER 4. SET VERTICAL EXPANSION JOINT IN VENEER _ AT 20 FEET (MI :e 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 Bv: (Please Print) Title: (Please Print) Signature: Verizon Telephone Company By: (Please Print) Title: (Please Print) Signature: Charter Communications, Inc. Bv: (Please Print) Title: (Please Print) Signature: Atmos Energy By: (Please Print) Title: (Please Print) Signature: AT&T / Southwestern Bell Telephone Compan By: (Please Print) Title: (Please Print) Signature: Tri-County Electric Company Bv: (Please Print) Title: (Please Print) Signature: City of Southlake Bv: (Please Print) Title: Signature: (Please Print) 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 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 AT&T/Southwestern 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) Marla Collier, Charter Coordinator Greg Zylka, Project Manager Office: (817) 298-3615 2000 Reliance Pkwy Email: Maria.Collier@charter.com Bedford, TX 76021 Office: (817) 685-1257 (ext. 1313) Fax: (817) 359-1338 Email: gregory.zylka@atmosenergy.com SOUTHLAKE PUBLIC WORKS .W /m Zzl City of Southlake January 20, 2026 Michael Garabedian 93984 PO Box Southlake, TX 76092 Re: 2050 Miracle Pointe. Drainage and Utility Easement Encroachment Dear Mr. Garabedian, 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. It shall also be noted that 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 and/or sanitary sewer pipes. If you have any questions or require additional information, please contact Sandy Endy at (817) 748-8033 or sendy(2ci.southlake.tx.us Sincerely, Sandy Endy, PE Development Engineer No Text