Item 6E - Joint Use and Encroachment AgreementO:\00-New N Drive\ADMINISTRATION-PW DEPT\Forms\Agreements\Joint Use and Encroachment Agreement - Public Easement-2022 Update.docx
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
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 / or utility easement situated on or abutting property located at
______________________________________, 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:
__________________________________________________________________________________________
____________________________________ __________________________
Printed Name of Property Owner Telephone
____________________________________ __________________________
Signature of Property Owner Fax Number
____________________________________
Address
____________________________________
City State Zip
O:\00-New N Drive\ADMINISTRATION-PW DEPT\Forms\Agreements\Joint Use and Encroachment Agreement - Public Easement-2022 Update.docx
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
______________________________, 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.
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______.
______________________________ City of Southlake
Printed Name
By: __________________________ By: ___________________________
Applicant’s Signature Mayor
NOTE: Complete the attached acknowledgements.
Note: Only complete the appropriate acknowledgements
THE STATE OF TEXAS § Corporate Acknowledgment
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 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________.
____________________________________
Notary Public in and for the State of Texas
My Commission Expires: ____________________
THE STATE OF TEXAS § Individual Acknowledgment
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 § City of Southlake Acknowledgment
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. 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.
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.
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
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: ________________________
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
Eric Williams
Manager Engineering Design
1460 Round Table Drive, Room 1000
Dallas, TX 75247
Office: (214) 745-2964
Fax: (214) 745-8230
Verizon Telephone
Joe Garza
Superintendent – Network Engineer
Office: (972) 252-0770
Cell: (325) 245-5102
Email: joe.garza@ftr.com
Charter Communications, INC
Marla Collier, Charter Coordinator
Office: (817) 298-3615
Email: Marla.Collier@charter.com
Atmos Energy (Gas)
Greg Zylka, Project Manager
2000 Reliance Pkwy
Bedford, TX 76021
Office: (817) 685-1257 (ext. 1313)
Fax: (817) 359-1338
Email: gregory.zylka@atmosenergy.com