Item 4LSOUTHLAKE
TEXAS
MEMORANDUM
December 16, 2008
To: Shana Yelverton, City Manager
From: Robert H. Price, P.E., Public Works Director
Subject: Approve a right -of -way encroachment agreement with Peggy A.
Young adjacent to a 1.68 acre tract in the George W. Main Survey,
Abstract No. 1098 located at 165 S. Kimball Avenue
Action
Requested: Approve a right -of -way encroachment agreement with Peggy A. Young
adjacent to a 1.68 acre tract in the George W. Main Survey, Abstract No.
1098 located at 165 S. Kimball Avenue.
Background
Information: The CySolutions development consists of 3 buildings totaling 15,357
square feet on approximately 1.68 acres. A drainage detention area is
planned for the southwest corner of this development that will discharge
onto South Kimball Ave and enter the City's storm sewer system through
existing storm inlets located south of this development. The proposed
retaining wall forms part of the drainage detention system
In an effort to save several trees that are currently shown as "borderline"
preservation trees on the tree preservation plan, the developer is
proposing to construct a portion of the proposed retaining wall in the
City's right of way. The wall will extend a maximum of 4 feet into the
right of way and will be 2' to 4' above the natural ground line at the
Kimball curb line. A 5 foot sidewalk will be constructed between the wall
and the Kimball curb line.
Financial
Considerations: None.
Citizen Input/
Board Review: The City Council previously approved the plat showing for this
development on November 13, 2008. The Planning and Zoning
Commission previously approved the plat showing on October 23, 2008.
Legal
Review: The standard right -of -way encroachment agreement has been reviewed
by the City Attorney.
Alternatives: The City Council may approve the right -of -way encroachment agreement
or deny it.
Supporting
Documents: Location Map
Encroachment Agreement w /exhibits
Staff
Recommendation: Approve a right -of -way encroachment agreement with Peggy A. Young
adjacent to a 1.68 acre tract in the George W. Main Survey, Abstract No.
1098 located at 165 S. Kimball Avenue.
Staff
Contact: Robert H. Price, P.E., Public Works Director
Gordon J. Mayer, Jr., P.E., City Engineer
Michelle Speaker, P.E., Civil Engineer
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APPLICATION FOR ENCROACHMENT AND JOINT USE AGREEMENT
OF A PUBLIC DRAINAGE AND I OR UTILITY EASEMENT OR RIGHT -OF -WAY
November 2008
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 1 or utility easement or right -of -way situated on or abutting property located at 165 S. Kimball
Avenue and described by metes and bounds in Exhibit No. 1 of the attached agreement
The reason for the encroachment and use of the easement/right-of-way is as follows:
To construct a retaining wall /detention pond wall in order to save a tree near the ROW line.
y d
Signature &W4We,111
(866) 883 -9299 x221
Telephone
(817) 281 -3217
Fax Number
P.O. Box 93132
Address
Southlake TX 76092
City State Zip
P:L007 1 1 6001DocAJoint Use and Encroachment Agreement doe
Easement 1 Right -of -Way J oint Use Agreement
THE STATE OF TEXAS §
COUNTY OFTARRANT §
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 Peggy A. Young, successors or
assigns herein after referred to as "Applicant," to use an easement 1 right -of -way, situated on or abutting South
Kimball Avenue 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 constructing a retaining wall /detention pond 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 1 right of way 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 1 or
removed within thirty (30) days of written notification, at the discretion of City, for:
(1) Lack of maintenance to the easement 1 right -of -way;
(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 1 right -of -way necessitated by
such discontinuation of the easement 1 right -of -way use, 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 1 Right -of -Way Use Agreement on this
day of September, 2008.
City of Southlake
Bv:
Director of Public Works
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 , 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 Peggy A. Young 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 2- day of T 20
IVi]t k F f *.7 11
My Commission Expires: I, � Z(1' Zajo ; °opaY °Uai; JAY W REISSIG
THE STATE OF TEXAS §
COUNTY OF TARRANT §
` State of Texas
Comm. Exp. Cl6i -26 -2010
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
9�
Notary Public in and for the State of Texas
My Commission Expires:
EXHIBIT NO. 1
Being that portion of that certain public utility easement 1 drainage easement 1 right of way situated in George W.
Main Survey, Abstract No. 1098 to the City of Southlake, Tarrant County, Texas, and being more particularly
described by metes and bounds as follows:
SEE EXHIBIT A ATTACHED
EXHIBIT NO. 2
The following is a drawing depicting the area or portion of the easement 1 right -of -way 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.
SEE EXHIBIT B ATTACHED
EXHIBIT NO. 2A
The following is a detail and I or cross section drawing of the improvement(s) in the right of way to be subject to
the encroachment and joint use agreement in this application
SEE EXHIBIT 2A ATTACHED
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 I or utility easement or right -of -way requested in this Application for
encroachment and joint use of right -of -way
Street name: Kimball Ave.
Oncor Electric Company
By: 0. 9c..� P�
(Please Print)
Title: b G ifs
(Please Print)
Signature:: H � "
AT &T Telephone Company
By: ii 1 4 a , >
(Please Print)
Title: 1�� `' J =r<
e Prin
Signature:
Verizon Telephone Company Tri-CountV Electricc Compan
By: A r ",0E /C By:
(Please Prin (Please Print)
Title: s"Grl°✓ /" ] 1� Title. & AY64-Ex-
(Please int) (Please Print)
Signature: ignature:
Charter Communications, Inc. Atmos Energy
B reo 'F ' By:
(Please Print) (Please Print)
Title: 5 T`• �DdrC Ji' r Title: A O ` F"•
(Please P t} (P a t}
Signature: Signature:
CitV of Southlake
By:
(Please Pr int)
Title:
(Please Print)
Signature.
EXHIBIT "A"
PROPERTY DESCRIPTION
0.0024 of an acre of land situated in the George W. Main Survey, Abstract No. 1098, City of
Southlake, Tarrant County, Texas and being a portion of a 1.680 acre tract of land conveyed to Peggy
A. Young as recorded in County Clerk's Document No. D206290656, Deed Records of Tarrant
County, Texas, said 0.0024 of an acre of land being more particularly described by metes and bounds
as follows:
COMMENCING at the southwest corner of the aforementioned 1.680 acre tract in Kimball Road
( a variable width R.O.W.);
THENCE S 89 °55 "20" E, along the south line of said 1.680 acres, at 20.00 feet pass a 518 inch iron
rod found, a total distance of 23.94 feet;
THENCE N 00 °07'49" W, a distance of 3 8,76 feet to the BEGINNING of the hereinafter described
tract of land, and also being the beginning of a tangent curve to the left with a radius of 9.33 feet and
wbose long chord bears N 14'10'50" W, 4.5.3 feet;
THENCE Northerly along said curve, through a central angle of 28 °06'02 ", an arc distance of 4.58
feet to the end of said curve;
THENCE N 28 " W, a distance of 3.01 feet to the beginning of a tangent curve to the right with
a radius of 10.67 feet and whose long chord bears N 14'1 T21 " W, 5.14 feet;
THENCE Northerly along said curve, through a central angle of 27 °53'00 ", an arc distance of 5.19
feet to the end of said curve;
THENCE N 00 °20'51" W, a distance of 18.85 feet to the beginning of a non - tangent curve to the
right with a radius of 29.84 feet and whose long chord bears N 44 °35'07" E, 5.47 feet;
THENCE Northeasterly along said curve, through a central angle of 10 ° 30'44 ", an are distance of
5.47 feet to the end of said curve;
THENCE S 00 °07'49" E, a distance of 34.77 feet to the PLACE OF BEGINNING and containing
103 square feet or 0,0024 of an acre of land.
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GRAPHIC SCALE IN FEET
Ir SCALE: 1" = 10`
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THIS DOCUMENT IS FOR INTERW REMEW
AND IS NOT INTENDED FOR CONSTRUCTION,
O N C R ET E Sri°€ "° ° �CIAYM T OM
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Rnq Ha: 97497
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EXHIBIT B
C solutions Office Com lex
So TX
DeO tte, Inc. 2553E Loop North
Fort Worth, Texas as 78116
Fax 6'17- 590 -6800 Phone 817- 569 -0000
CIVIL ENGINEER9NG
DRAWN BY: SCALE: DATE: PROJECT NO.: SHEET:
CTR /MMM AS SHOWN 9/11/2008 200711600 1
LINE TABLE
LINE
LENGTH
HEARING
Ll
34.77
S00
12
18.85
N00
L3
3.01
N28
CURVE TABLE
CURVE LENG'T'H RADIUS
fT ^L '� jY r "129.h4
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C2
C3
5.19
10.87
4.68
9.33
BENCH A bog has been cut in the top of
the Northwest corner of a concrete drainage
inlet located approx. 81' south of the Northwest
corner of Mmball Hills Subdivision along the
west side of South Kimball Ave.
State plane coordinates are as follows:
X 2,393,343.00808
Y 7,028,810.288104
Z 852.12
Bearings are based upon monuments found
the north line of C.C.# D208290856
a
a
of
PROP. py x
RETAINING
WALL w
x�
TOP OF WALL
ELEV = 671.3
1
5' S/W
, MIS OOG[lltEliT i5 t 91i INTptMI EtENE1N
E N O
or. CU1YlON T, R£An1mi
Rep. Na: G7W7
Pam p-11 -290®
EXHIBIT 2A
C Solutions Office Complex..
So TX
DeOtte, I 2553E North
Fort Worth, h, Texas Texas as 76118
Fax 817 -590 -8500 Phone 817- 589 -0000
CIVIL ENGINEERING
DRAWN BY: SCALE: DATE: PROJECT NO.: SHEET:
CTR /MMM N.T.S. 9/11/2008 1 200810800 1