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Item 4D - MemoItem 4D Page 1 of 2 M E M O R A N D U M February 17, 2026 To: Alison Ortowski, City Manager From: Lauren LaNeave, Interim Director of Public Works Subject: Approve an Encroachment and Joint Use Agreement for the placement of a patio, outdoor kitchen, and pergola within a 25- foot drainage easement located in the Southlake Woods subdivision. Action Requested: Approve an Encroachment and Joint Use Agreement for the placement of a patio, outdoor kitchen, and pergola within a 25-foot drainage easement located in the Southlake Woods 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 a patio, outdoor kitchen, and pergola within the 25-foot drainage easement located in the Southlake Woods subdivision. This agreement will allow the developer to place a patio, outdoor kitchen, and pergola within the easement along the east side of the property. The drainage easement was dedicated along the east side of the lot for the subdivision pond. There is an existing patio and outdoor kitchen in the easement that was constructed without permits between 2015 and 2017 by the previous property owners. The new property owners would like to add a pergola cover and reduce the size of the outdoor kitchen by more than 50%. The 100-year water surface elevation for the adjacent subdivision pond was designed at elevation 631 feet, and the proposed improvements are located at elevation 634 feet. The proposed improvements are located outside of the floodplain, and will not impede drainage flow or cause adverse impacts to the required pond volume. There are no public infrastructure within this drainage easement. 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 Item 4E Page 2 of 2 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: Location Photo Staff Recommendation: Approve an Encroachment and Joint Use Agreement for the placement of a patio, outdoor kitchen, and pergola within a 25-foot drainage easement located in the Southlake Woods subdivision. Staff Contact: Lauren LaNeave, Interim Director of Public Works Sandy Endy, P.E., CFM, Development Engineer Jeff Ginn, P.E.,CFM, City Engineer ATTACHMENT A 9 APPLICATION FOR ENCROACHMENT AND JOINT USE AGREEMENT OF A PUBLIC DRAINAGE AND/OR UTILITY EASEMENT D t I o G �Zo Z(p 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 1801 Rustling Brook Ct Southlake, TX 76092 , 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: The previous homeowner poured a concrete extension with a decorative kitchen and wall and we would like o add additional shade o this area. I he pergola will o change the drainage in the draInage easement gq �Gi Printed Name of Property Owner Telephone Sign ure of Property Fax Number 1801 Rustling Brook C �5 Address Southlake TX 76092 City State Zip 9 Easement Joint Use Agreement THE STATE OF TEXAS § COUNTY OF. § 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 Nick Kunze_ _ , herein after referred to as "Applicant," to use an easement, situated on or abutting LOT 24R , BLOCKS, OF Southlake Woods Phase 2 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 adding a new shade structure (pergola) and being subject to the following conditions: I. 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. II. 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 of the easement, shall be bome 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:\00-New N Drive\ADMINISTRATION-PW DEPYTorms\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 day of 20 ZG City of Southlake Printed Name By: By: Applicant's Sign Mayor NOTE: Complete the attached acknowledgements. Note: Only complete the appropriate acknowledgements THE STATE OF TEXAS § Corporate Acknowledament COUNTY OF TARRANT § 11 i 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 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_ ,20` i Notary Public in and for the State of Texas My Commission Expires: i THE STATE OF TEXAS § Individual Acknowled-q ment ' COUNTY OF TARRANT § BEFORE ME,the undersigned authority, a Notary Public in and for the State of Texas,on this day personally appeared�`��Gi� �if/�_ , 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. ti GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of - 1�Y P • JUDY RILEY My Notary ID#941066 ��Public in and for the State of,� xas .E <ti Expires May 28,2028 My Commission — — THE STATE OF TEXAS § City of Southlake Acknowled ment 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. i GIVEN UNDER MY HAND AND SEAL OFFFICE this the day of , 20_ E � i Notary Public in and for the State of Texas My Commission Expires: EXHIBIT NO. 1 Being that portion of that certain public utility easement / drainage easement situated in Southlake Woods Phase 2 Addition/Survey to the City of Southlake, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: EXHIBIT NO. 2 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. EXHIBIT NO. 2A 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. Reference Na 23OW71801 G.F-No. 2827690-DFWT7 Title Co: FIRST AMERICAN TITLE Purchaser KUNZE PROPERTY DESCRIPTION LOT 24R,BLOCK 6,AMENDED PLAT OF SOIJTHLAKE WOODS,PHASE 2,AN ADDITION TO THE CITY OF SOUTHLAKE.TALRRANT COUNTY,TEXAS,ACCORDING TO MAP OR PLAT THEREOF RECORDED IN CABINET A SLIDE 7710,OF THE MAP AND/OR PLAT RECORDS,TARRANT COUNTY,TEXAS- 1. Minimum finished floor elevation requirement[MIN.F-F-)shown is per recorded plat only. Actual finished Hoof elevation was not venfled. r LOT 25R C CAB. A - 7710 1 1/2- IR c�N �`- ��� j SET 5/r/w-n 1 110 LOT 24R I FROM WSI" A FND- d NAIL BEARS S ++ w — 0-4W CAB,A — 7710 LAN. F.F. - 634.10 I'm FIAT FND-CAPPED, ST I E � ,rye. •'� f + J cV Apo ff iiI+ LOT 36R I CAB. A — 7710 p f R] �! BRiCK & FRAME `1 RESIDENCE o KL CHFH:_= � O 9f° ! J 137 PAC J '1'1 �; 1' �. a PAD /' r LOT 23 9 , a in r r oa � eqd0i5b �a a W oN POOL -aee c as. srv+T�F RETNNI .� f r ,I/ALL O' STONE cam•:- f yyf`• � PODL ff 3 r cif s� a� PUMP ry ,Cr UTK"£S11S. TRANS 14827 / 149 PAD 3• UTILJIY E S CA[1, A - ]71t SCALE: 1" = 30" FND. 1/2' I MEAS. N 89' 36' 41- W - 124.05' 1/2- IR LOT 20 CAB. A — 5941 SURVEYORS CERTIFICATION I, DAVID J- ROSE, REGISTERED PROFESMNAL LAND SURVE1'M HEREBY CERTIFY TO FIRST AMERICAN TTTIE INSURANCE COMPANY AND FIRST AMERICAN TITLE GUARANTY COMPANY THAT THIS SURVEY WAS MADE ON THE GROUND UNDER AIY SUPEWSION AND CORRECTLY SHL1WS THE BOUNDARY LIDS AND DIMENSIONS OF THE LAND INDICATED HEREON, THERE ARE NO VStBLE FNPRVMAEMS. E ENM. RIG-WS—OF—WAY, EH.�1tOACHLEWM DIAO ADJDHNG PRE►IISES BY SAkO BUILDINGS, STRUCTLIRES OR OT4M IMPROVEMENTS, ENCROAP.NEIDITS ONTO THE SU&ECT PROPERTY 6Y BIILDINGS, STRUCTiIRES OR OTHER IIAPROVEMENIS ON ADJOHNG PRE3115ES. THE STATE TTRiI REGISTRATION NUMBER tRtR1T787 SUBJECT PROPERTY ABt.R'S A DMICAT M PUBLIC STItE£7 OR ROAD AS SHOWN HEREON. THIS SURVEY CONFORMS TO THE CURRENT ISc4s SOCrETY OF PROF?SSTONAL SURVEYORS STANNk"S AND SPECIFICATION FOR A CATEGORY IA. CONDITION N SURVEY AND THIS SURVEY WAS - BOUNDARY LlIE PERFORMED EXCLUSIVELY FOR THE PARTIES REFERENCED HEREIN AND IS UCENSED FOR ONE BUILDING SMILE USE THIS SURVEY WILL BE V00 IS USED BY ANY OTHER PERSON OR FOR ANY OTHER E OVMEAD 111H111ES e PURPOSE SURVEYOR HEARS NO RESPONSIBLITY FOR SAID USE. x FENCE (POPS PROL iN E '��k .� BRICK p�,ti e J.k ® W0o0 DECIE L2i]ii�rCONCRETElI3�P S U R V E Y I N 0 LTD. Q,� `1 -A www.prolinesurveyors.com VLS Ph# 817-276-1148 info@proiinesurveyors.com wm or JC 8-11-23 0 Prollne Surveying, LTD.2D23 D SURVEY CAN SE UPDATM F<W wsCOWT D PMCE f E..� Ckj 0 .°i. to +ti ��p b " 43n - 2 § -- 3 F. OC.Lo 0 W Y e wo ] � /y�J �3 ' � J w F� ►fir,. C �jQ+;' O tn � y ! ° C � m � � . yT ����X � � � � � � � C � U Fes.•l.e � Q � � $ M 3 I. .� F � p R m. ❑ e e a _ iJ � �p b �•yy { J G 11 v �° F. 1, �yp � 4EX oID � .. / b id b.y� qr� o s7'' }• LL ]f L4 6 O m'' p t� 1i 8!'� p r L' j �• I Z ato Z luo —tp e e � Q.° Ufla , `x' �` - '; ► n •ti, . F.pN .i.it Q J �L1 t;� q�'cj ~: n I �e f• IF. K �6, IJA L � Cl . am ,.r � L .. tf3 0 Z>D} t ato° R p ori LL- LL, 5l' P1 f Wib oo �c p,,X L'. w r os 1 #•1 _ LL O pg q 'L7 41 'w O a V r 9. `� `[ '•y ' 'ri �_w Q if1 .+ 9J 1 p V d.p, m M 2 � G� DATE: 11/27/2025 r 4 i;, � -- •. �}} d � ,a�' � 0) ¢ w m...[ 0.1] PROTECT NO. TBD LL -{ °• 11 11L. 1 _-• - - � L �- Q U w m 5 1 0 4YI REVISION DATE O eV P+A y W 3 h' ll.l I` y r`' E0., W a e Q t U s � n �t it Kim Q 97'-11" rracay wj - NEW PERGOLA ' z� o o '0 o CI-P a 0. ti A NEW GRILL STATION � I a 01 v, a p�� o ° oo� z �� o a v G W a p+zw� � .5 J 1 � ul � da.� U orLW pads�y p� 0 Z EgEggWATER FLOW �y �7 Q Jx n ° _ ,, °'' `� o g C _ xa �u �.� �: r H I 0 4 0 +� f ,r t °! w v vi m ' o b °' '� as c} I..LJ �" d S. °p 1 CL rag qd 'F b95 a 70A i-L J h#34F���` �b'R11YI � r', } a a,"' 1f11: Q O O v G6 9y�7 At LLJ --- dl` o [Y ° Ida, y o°u.'" ° C D W o H min SITE PLAN SCOPE OF WORK: 1 SCALE: 1"=40'-0" DEMO: NEW GRILL STATION: IMPERVIOUS COVERAGE CALCULATIONS: -DEMO EXISTING GRILL STATION -NEW 10 LF GRILL STATION EXISTING: PROPOSED: -(1) NEW GRIDDLE SITE PLAN BUILDING AREA-3118 SQ FT POOL EQUIPMENT PADS-50 SQ FT BUILDING AREA-3118 SQ FT POOL EQUIPMENT PADS-50 SQ FT NEW PERGOLA: -(1) NEW GREEN EGG GARAGE-691 SQ FT TRANSFORMER PAD-9 SQ FT GARAGE-691 SQ FT TRANSFORMER PAD-9 SQ FT -NEW 224 SQ FT CEDAR PERGOLA -(1) NEW REFRIGERATOR DRIVEWAY-1828 SQ FT TEL. PAD-4 SQ FT DRIVEWAY-1828 SQ FT TEL. PAD-4 SQ FT -(4) NEW 6"X6" CEDAR POSTS WITH -(1) NEW PULL OUT TRASH AND WALKWAY-152 SQ FT STONE PAVING & BORDERS-295 SQ FT WALKWAY-152 SQ FT STONE PAVING & BORDERS-295 SQ FT RECYCLE SINGLE BIN AO PORCH-49 SQ FT STONE WALL-61 SQ FT PORCH-49 SQ FT STONE WALL-61 SQ FT PARTIAL STONE WRAP -(1) NEW DOUBLE DRAWER CABINET BACK PATIO-497 SQ FT TOTAL-9848 SQ FT BACK PATIO-273 SQ FT PROPOSED PERGOLA-224 SQ FT -2"X8" RAFTERS WITH O.C. CU -(2) NEW ELECTRIC OUTLETS SIDE PATIO-301 SQ FT LOT-30011 SQ FT SIDE PATIO-301 SQ FT TOTAL-9848 SQ FT -ROOF SYSTEM SLATS WITH HERCULES CONCRETE PATIO-120 SQ FT IMPERVIOUS COVERAGE-32.81% CONCRETE PATIO-120 SQ FT LOT-30011 SQ FT ROOF SYSTEM ON TOP - -(2) NEW FANS SCALE: 1"=4o'-0° POOL DECK-2295 SQ FT POOL DECK-2295 SQ FT IMPERVIOUS COVERAGE-32.81% NOTE: DRAWN BY: NovitechVisual POOL COPING-351 SQ FT POOL COPING-351 SQ FT PROTECT ©2025 AC PADS-27 SQ FT AC PADS-27 SQ FT 1.ALL CONSTRUCTION TO COMPLY WITH IRC 2021& NEC 2023 — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — z o I I I I aZ 3 O w Y ww H I I I I i oq yR � � EXISTING EXISTING 3 dam _ POOL POOL DECK � 3 a d w EXISTING I I I a z d SPA EXISTING HOUSE I I I ❑° ❑° I I EXISTING I z = o I I I ROOF I 3 ' dr a E EXISTING j I DATE: 11/27/2025 2s'o I �s'a PATIO I PROJECT N0. T60 cc I I F COVER I REVISION DATE 1 II 2 (4) EXISTING POSTS I I \ 3 5 EXISTING FIRE PIT I I I B I II I \ II \ I I EXISTING A2 GRASS Z I I I \ I c�=/ o I II W � I II I Y N Z �O Iff 1-4 1 6 I I I Q F-- o a 13'-0" (4) NEW 6"X6" CEDAR I I NEW 16'X14' CEDAR PERGOLA WITH I V y S� POSTS WITH PARTIAL S (4) NEW 6"X6" CEDAR POSTS WITH G I I G PARTIAL STONE WRAP, F EXISTING STONE WRAP F 2 BACK \ I I 2 (2) NEW(2)2"X12" BEAMS, A2 I I A2 2 X8 RAFTERS @16 O.C.TYP, PATIO I I 2"X2"@2"SLATS WITH HERCULES NEW GRILL STATION ROOF SYSTEM ON TOP O D=-:�11 +--------- --- 10'_0" PROPOSED FLOOR & \ I I \ I ROOF PLAN IEXISINGCFENE L - - - - - - - - — � II II- - _ - - - - - - - - - - - J L - - - - - - - - - - - - - - - - - - � I A 1 1 PROPOSED FLOOR PLAN 2 PROPOSED ROOF PLAN SCALE: 1/8"=1'-0" SCALE: 1/8"=1'-0" SCALE: 1/8"=1'-0" DRAWN BY: NavitecN Visual PROJECT ©2025 z o F v+ E e [.; z e az a O w Y cn d R W e y OLL y Llm = a e QQ E v o F R �n �D O � aR H o ai a d x e a �t a 3 V< e o ,O- s t Z> a e c = c 3 �o 3 — .. w e t L R 3 W DATE: 11/27/2025 PROJECT NO. TBD 16'-0" NEW PERGOLA 14'-0" REVISION DATE 2 02 NEW PERGOLA 3 a 5 6 - (4) NEW 6"X6" CEDAR POSTS - (4) NEW 6"X6" CEDAR POSTS c = WITH PARTIAL STONE WRAP 00 'T _ _ - - WITH PARTIAL STONE WRAP O O � O fV a1 �4 NEW GRILL STATION � 01 01 Q 4 0 e io C 4 io C Z M rl _ +0,0,,T FOUNDATION _ _ _ _ M M rl NEW GRILL STATION o 10'-0" 3'-0" Fn 13'-0" 1'-6° 1'-6" 11'-6" 1�A�� Y N ^ �G tJ m y Y PROPOSED SOUTHWEST EXTERIOR ELEVATION PROPOSED SOUTHEAST EXTERIOR ELEVATION C Q W H 1 SCALE: 1/8"=1'-0" 2 SCALE: 1/8"-1'-0" U PROPOSED ELEVATIONS A2 SCALE: 1/8"=1'-0" DRAWN BY: NovitecN Visual PROJECT ©2025 z _o H y E HERCULES ROOF SYSTEM a z 3 8D GALVANIZED O w Y w e H w " SLATS PER PLAN T " o a o RAFTERS PER PLAN ID BEAMS PER PLAN- (2) 1/4X6 LAG SCREWS WITH 2-1/2" PENETRATION IN BEAM PRESSURE TREATED POST PER PLAN .ON as Z. o 'o 3 �o 3 PRESSURE TREATED POST PER PLAN a w 3 W ROT BARRIER SLEEVES DATE: 11/27/2025 PROJECT NO. TBD REVISION DATE 4" 2 4" _ _ i+) 4 PRESSURE TREATED is 5 CO POST PER PLAN t''J 4 6-" (4)#3 BARS M CONCRETE 3000 PSI ZOL (4)#3 BARS J W U Q Z C.D 0 COLUMN FOOTER PLAN TYPICAL SECTION 1 oC W 1 2 W SCALE: NTS Z o� 0 1..� co y Y U m m O N \\\� 'pSEOF,TEk�I o ni GV '.I j 140768 3LLL= II1 OF.,!/CE S"' 12i02/2025 SECTIONS, DETAILS& NOTES S 2 SCALE: NOT TO SCALE DRAWN BY: NovitecN Visual PROJECT ©2025 Location Map W. Continental Blvd.S. Peytonville Ave.Davis Blvd.Deer Hollow Blvd.Rustling Brook Ct. ATTACHMENT B