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Item 4F - Memo CITY OF Item 4F SOUTH LAKE MEMORANDUM April 7, 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 wrought iron fence within a variable width drainage easement located at 1029 Shady Oaks Drive. Action Requested: Approve an Encroachment and Joint Use Agreement for the placement of a wrought iron fence within a variable width drainage easement located at 1029 Shady Oaks Drive. Background Information: The purpose of this item is to seek City Council approval of an Encroachment and Joint Use Agreement for the installation of a wrought iron fence within a variable width drainage easement located at 1029 Shady Oaks Drive. This agreement will allow the developer to install new wrought iron fence along the sides and rear property lines. The drainage easement was dedicated along the rear of the property for an existing creek that runs south to north. This property is not located within a FEMA floodplain. Based on the provided drainage memo, the proposed wrought iron fence will not impede drainage flow and will not cause adverse impacts to neighboring properties. 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. Page 1 of 2 Item 4F 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 wrought iron fence within a variable width drainage easement located at 1029 Shady Oaks Drive. 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 ATTACHMENT A APIaLICA't'It`)N IN ROACHMENr a Ql r u AGREEMENT t ? F k; DAA1NAO AND!OR UrL-1T'Y EASEMENT Date of Submittal '1'o tt�e Y of�oufhlake f rie undetsig l hereby mattes eppocation,to ailaw an ericrbachrrr it and low use of. poition of ft pubtic !Inoge: a ! or utit` asement ittd o abtti roeru toted at / rtd desalbed by rrteti anct tine ixis #it.:Exhiblf Na; 9 -Of the auached ag merit, The reesan for thevicrttachmeht'and use of the easement is as follows: Pri N..arIe i f Roperty: or., TOepta©w ig tore of Property Ownw N Fax Number Address C(t+ MateIp 2 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 s*WWA , herein after referred to as "Applicant," to use an easement, situated on or abutting LOT BLOCK , OF 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 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 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:\00-New N Drive\ADMINISTRATION-PW DEPT\Forms\Agreements\Joint Use and Encroachment Agreement-Public Easement-2022 Update.docx W nft aWeentent be 1116d of ref to the Deed,Records of Tarrant County,Texas, and shall bind all fettM opera oats tot ww sw for ali purposes be considered a covenant nrnning with the land. w IN TESTIMONY WHEREOF,Applicant executes this I~aserti ew Agmement on this � __.day of. City of Southiake t�IMett ame cants Sign tore Mayor NtOM 'Complete the.attached acknowledgements:. Nntc Only Complete appropriate cknovAedgements THE STATE�7F� - COUNTY OF TARRANT I 615FORE:ME,the;undersigned Sul hod ty,A Notary Public In and for the Style of Tom,ort tM3 day personally' appeared - known tp me to by OW person and. OMM wt=e rune is subs to the "oing instrument and acknowledged to me that :same wasad of ssid , a horatlon, and that:he executed samme for the pu o"s And oons?defation:� thin expressed and in the capacity therein stag. GIVEN UNDER MY 1 tAND ANEW SEAL.OF OFFiC5 this the day of 20 Notary t tc in and for the She of Text � My Corrttnission Expires* THE STATE OF TEXAS dtAt Ackt vtedanrettt COUNTY OF TARRANT KPORE ME,the undersigned authority,a Notary Pubilo in and for it*Mate of Texas.on ft day personally appeared�R-A ra&' LEe41A .,known tome to be the person whose mme 1s subscribedthe to foregoing Instrumenckrrawiedged to me that he exeW. ed same for the purposes and consideration.ftwein expressed. F``ffEE '�+(q■x} D AND SEAL OF OFFICE ails tha_�day of 34.7 20 . ., JIN. EiR f AI G4 NOTARY PUBUC STATE:OF TEXAS t� My COMM.EXP 07lEk M * No P lio in and for tits mate of Texas NfJTARY 1552267 THE STATE OF TEXAS § City of ftLhtake Ack owleds hem, COUNTY OF TARRANT BEFORE ME,the undersigned authority; a Notary Public in and for#*State of Texas, on this day personalty; appeared known to me to be the;person and officer :whose name is subscribed; to the forecfoing instrument and acknowledged to retie that same was the act of said a municipal c orporatwns and that he executed ;Same for the purposes and ,consideration therein expressed and in the rapacity therein stated. GIVEN UNDER MY HAND AND SEAL©FFFICE taus the day of 20 Notary and for the State of Texas My commission Expires; Note: Only complete the appropriate acknowledgements ....._.._......._....._....,..................................._.............-......_._...................__....._.............._..._.._........_.-........._..........._,.....................,.,,.............................................._........................__......-..._..._..._.._.........................._............_,............._.........._.._...---...................._.., THE STATE OF TEXAS § Corporate Acknowledgment COUNTY OF 'si �- § BEFORE ME, the undersigned authority, A Notary Public in and for the State of Texas, on this day personally i appeared tlig S. a�uo,&af-- , 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 j K,;-('o,,ti1nj-C(-N c O-Pc x«�'y Nto'rporation, and that he executed same for the purposes and consideration I therein expressed and in the capacity therein stated. GIV "� ' �iiG� F OFFICE this the��day o �� 20 _. ARELI VALENZUELA MY COMMISSION EXPIRES i JUNE 23,2026 NOTARY ID:133826788 ary Public and or the State of Texas My Commission Expires: 3 ............................__...._..._..............._............._..._.----.............,..........................._.._..........._..........._..,.........................._......................._..-..._........................................................................._-...._...._.._.._.......---._..........._..........__......_..._.............-........_............._.I ......_....._............__..._.... _.._................--.-.-.........._......_........_.._........_.._......_..........._.................._._.._..._..................._........._._...__.._......._...._....._._..._.._......._..._._.._.._......__._....._................_.._..__..._...._......_._.._..._..._...._..__..._......_._..._...._.._........._.........__._...., THE STATE OF TEXAS § Individual Acknowledgment COUNTY OF TARRANT § j BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally i appeared , known to me to be the person whose name is subscribed to the i 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 I I Notary Public in and for the State of Texas My Commission Expires: i ....._...................._............._.........._.,.........................................................................................................................._._........,........_..........._.........,..._............_._......._......................_ ..................._..-........_..................................................................................... d _.__.__.._...___._._._..._._._..._...........__...............................................__..._...._......................._........................................................,._....................._............—....._...._.,....................................._........................._........._............_.......,...................._....,.........,................_..............._.......... ...y THE STATE OF TEXAS § City of Southlake Acknowledgment I 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_ i 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 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. LU C3 q ccr p p dc:c '$ J rA Z' wi NA L) uj qr-4 2, rj7' a OW Flit 0 Ws el 7aZ 72 Ile ':1.11 ill No Text Vr 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. Registered Engineering Firm(F-26529) www,V mbdesl>tn.m Karl H,Gscheldle, P.E. K H G ENGINEERING Off 1CCOKlarnt'd M Registered P.E.(TX: 133510) 817-217-4I53 FOUDANTION ANALYSIS Date: February 25, 2026 To: Don Grantham, A Better Fence Re: Completed Fence Construction 1029 Shady Oaks Southlake,Texas 76092 Dear Don, Karl Gscheidle, PE, physically inspected the above referenced property and reviewed city flood plain easements to create a plan for fencing to minimize the impact of potential flooding. The proposed fencing is a six foot tall wrought iron fence in the backyard per the attached drawing. The proposed fence was designed to and will not impede drainage flow and/or cause adverse impacts to neighboring properties. Sincerely, t'OF TFfi7s1� • f ............. ..� " qt'. HEIDLE H. GSC _ ��...q;....t 33510 • i (r1i Off'•<<CEN°+E�•���'`�r PN0NA`tv- Karl Gscheidle, PE Registered Engineering Firm (F-26529) © 2023 G. 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FT70X8w58 7U"` T'118:GA. ` -sla" 118 GA. t �� EXHIBIT NO.3 the undersigned public utility companies, using or entitled to use, under the terms and proutsions of our restive %ranchlse with the.City of Sauthiaki,;lo hereby consent to the ericroachment and:ioint Use of the described:portion cif such drainage and.i or utility easement requested in this ApplicOcr l for engr0achrric3tit and mint use of a public drairtaga and utility easemast ono... or t�lecttiir�Deti�ry Comnenv ATBT t 5auihwestetn Bait T,~idphone GomAany 8y. By:, {Please P 1nCi (Please Pnnt) Title: Title: IPIe&se Pnntf (PICas ipnnt) Signature: Signature: efton Telephone Combany Tri-County Mectric Corp,_,env' aY; Joe Ben Garza By (Plea ePt)Supervisor Network (Please'p"nt) Tluo Engineering tine: {Please Print) (Please Print) Signature: Signature; Charter Gom,municatio Inc,. ity of Southtake sy? By: {Please Print) (Pla�3e:Prini) Title:, Title: (Please Print) Title: Pnnt) Signature: Signature. Atmas Energy 6y (Please Print) Title: (Please Prue) Signatures AL MUTMOS energy February 23, 2026 Don Grantham 1029 Shady Oaks Drive Southlake, TX 76092 Re: 1029 Shady Oaks Drive, Southlake, TX 76092, being in the T M Hood Survey, Abstract 706 City of Southlake, Tarrant County Texas. Atmos Energy's has no objection to the construction of a fence at 1029 Shady Oaks Drive, Southlake, TX 76092, being in the T M Hood Survey, Abstract 706 City of Southlake, Tarrant County Texas. Atmos Energy only has assets at the meter in front of the curb in front of the address: 1029 Shady Oaks Drive, Southlake, TX 76092, being in the T M Hood Survey, Abstract 706, City of Southlake, Tarrant County Texas. Please let me know if you need further assistance. Kind Regards, EKin Regards, r Cheryl Right-of-Way Agent 2 cheryl.dunnahue@aimosenergy.com c.214.502.7512 Atmos Energy Corporation 5420 LBJ Freeway, Dallas, Texas 75240 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 1 or utility easement requested in this Application for encroachment and joint use of a public drainage and utility easement. Oncor Electric Delivery any AT&T/Southwestern Bell Telephone Company By. Ally Betancur By: (Please Print) (Please Pnnt) Property Management Title: Right-of-way Analyst Title: (Please Pnn l (Please Print) Signature: -Y'-)L:' Signature: Area electrically serviced by Tri-County electric Co-Op;not Oncor. Verizon Telephone Company Tri-County Electric Company By: By: (Please Print) (Please Print) Title: Title: (Please Print) (Please Print) Signature: Signature: Charter Communications Inc. City of Southlake By: By: (Please Print) (Please Print) Title: Title: (Please Print) (Please Print) Signature: Signature: Atmos Energy By: (Please Print) Title: (Please Print) Signature: 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 AT&T/Southwestern Bell Telephone Company By: By: (Please Print) (Please Print) Title: Title: (Please Print) (Please Print) Signature: Signature: Verizon Telephone Company Tri-County Electric Company q By: By: Jb �' C9 0 (Please Print) PI, ase Print) Title: Title: 50� (Please Print) Please Print Signature: Signatur Charter Communications, Inc. City of Southlake By: By: (Please Print) (Please Print) Title: Title: (Please Print) (Please Print) Signature: Signature: Atmos Energy By: (Please Print) Title: (Please Print) Signature: 1 1 � Location Map