Item 4DCITY OF
SOUTHLAKE
MEMORANDUM
(February 16, 2010)
To: Shana Yelverton, City Manager
From: Robert H. Price, P.E., Director of Public Works
Subject: Approve a Right -of -Way Encroachment Agreement at 1816
Shady Oaks Drive.
Action
Requested: Approve a Right -of -Way Encroachment Agreement at 1816 Shady
Oaks Drive.
Background
Information: The owner of the property at 1816 Shady Oaks Drive has applied to
the City for a Right -of -Way Encroachment agreement to allow for
construction of a perimeter fence around his residence. The fence
will be a 4-5 foot high wood corral style fence with 6-7 foot high
stone columns as shown in the attached exhibits.
There are no City utilities currently located in the proposed
encroachment and the applicant has submitted consent forms from
franchise utilities, including Tri-County Electric Company, Verizon,
AT&T / Southwestern Bell, agreeing to the proposed
encroachment. Also, there are no significant capitol improvements
to Shady Oaks Drive currently shown in the five year CIP. Staff
does not anticipate use of the Right -of -Way in the five year time
horizon.
The agreement requires the applicant to remove any improvements
in the proposed encroachment within 30 days of written notice from
the City. Any costs associated with the discontinued use of the
encroachment shall be borne by the applicant.
Financial
Considerations: N/A
Strategic Link: The proposed encroachment agreement links to the city's strategy
map relative to focus area of Performance Management and
Service Delivery. The specific corporate objective that is met by
this encroachment agreement is to provide high quality customer
service.
Citizen Input/
Board Review: N/A
Legal Review: N/A
Alternatives: The City Council may approve or deny this encroachment
agreement.
Supporting
Documents: Application for Encroachment and Joint Use Agreement of a Public
Drainage and / or Utility Easement or Right -of -Way
Staff
Recommendation: Approve a Right -of -Way Encroachment Agreement at 1816 Shady
Oaks Drive.
Staff Contact Robert H. Price, P.E., Public Works Director
Gordon J. Mayer, Jr., P.E., City Engineer
Michael James, P.E., Civil Engineer
APPLICATION FOR ENCROACHMENT AND JOINT USE AGREEMENT
OF A PUBLIC DRAINAGE AND 1 OR UTILITY EASEMENT OR RIGHT-OF-WAY
koI - 2-tt o
Date of S bmittal
To the City of Southlake:
The undersigned hereby makes application to allow an encroachment and joint use of a portion of the public
drain a and 1 or utility easement or right-of-way situated on or abutting property located at
M L SkokA4 L}ct}o 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:
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Printed Name o P operty Owner
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Signature of Property Owner
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Address
City State Zip
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Fax Number
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Easement 1 Right -of -Way 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 Zreferred to as "Utilities," do consent and agree to permit the following
herein after referred to as "Applicant," to use an easement / right-of-way,
situated on or abutting LOTS, BLOCK OF LZc�; 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 (_tyx �,-}m et;" DQ5,r; Mz*e+' c:'e—
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 / right-of-way necessitated by
such discontinuation of the easement I 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.
Thrs agreement shall' be"'feed Ot recor'd' in"the-Deed-kecords ot�l arrant-County,_t exas, and shall' bind all -future
owners of this lot and shall for all purposes be considered a covenant running with the land.
IN TESTIMIgNY WHEREOF, Applicant executes this Easement 1 Right -of -Way Use Agreement on this
_ day of 20 L
City of Southlake
By:
Director of Public Works
NOTE: Complete the attached acknowledgements.
Printed Name
By: 9t.�, t
A-�
Applicant's Signature
Note: Only complete the appropriate acknowledgements
THE STATE OF TEXAS §
COUNTY OF TARRANT §
Corporate Acknowledgment
BEFORE ME, he undersigned authority, A Notary Public in and for the State of Texas, on this day personally
appeared *►� JL, 6.6-6�. , 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 'J C/ day of , 20 C�
MONICAH. UEUQNER
MY COMMISSION EXPIRES
,tune 7, 20i3 '
} No ary Pu lic in for the State of Texas
My Commission Expires: I {
THE STATE OF TEXAS
COUNTY OF TARRANT
Individual 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 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
My Commission Expires:
THE STATE OF TEXAS §
COUNTY OF TARRANT
Notary Public in and for the State of Texas
City of Southlake 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 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
My Commission Expires:
day of , 20_
Notary Public in and for the State of Texas
EXHIBIT NO. 1
Being that portion of that certain public utility easement 1 drainage easement 1 right of way situated in
(TZt-y� Addition/Survey to the City of Southlake, Tarrant County, Texas, and being
more particularly described by metes and bounds as follows:
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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.
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EXHIBIT NO. 2A
The following is a detail and 1 or cross section drawing of the improvement(s) in the utility easement 1 drainage
easement f right of way to be subject to the encroachment and joint use agreement in this application.
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ON: 11-319►LOW
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 or right-of-way requested in this A lication for
encroachment and joint use of a public drain ge and utility easement or right-of-way Lot(s) '&
Block(s) of the G_i Addition to the City of Southlake, Tarrant County,
Texas.
Street name: ikAL(LA �S
TXU Electric & Gas Company Southwestern Bell Telephone Company
(Please Print) U /t � (Please Print)
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Title: Title:
(Please Print)
Signature:
Verizon Telephone Company
By: M
(Please Print)
Title:
(Please Print)
Signature:
Comcast Cable, Inc.
By:
(Please Print)
Title:
(Please Print)
Signature:
(Please Print)
Signature:
Tri-County
Electric Company
(Please Print)
Title:
(Please Print)
Signature:
City of Southlake
By:
(Please Print)
Title:
(Please Print)
Signature:
EXHIBIT NO. 3
The undersigned public utility companies. using or entitled to use, tinder the terms and provisions of our
respective franchise with the City ofSouthlake, do hereby consent to the encroachment and joint use of the
described portion of such drainage and / or utility easement or right-of-way Lot 5-R Block N/A of the
Carden addition to the City ol'Soutltlake, Tarrant County, 'Texas.
Sweet Dame: 1816 Shady Oaks Dr
Southlake, Texas 76092
Tri-County Electric Company
4900 Keller -Hicks Road
Keller, TX 76248
By: ��fF r��GF
(Please print)
Title:: L/ T y E-rI6,V
{Please pr' t) __
Signature: Date a
Jeff Ratliff 817431-1541
Fax 8 17-431-9680
jratlifT(a) Iscorn.nei
Street Name: 1816 Shady Oaks Dr
Southlake, Texas 76092
Verizon Telephone Company Darrell .Frederick, 972-413-7273
3498 N. Beltline Rd. fax 972-258-0081
Irving, Texas 75060 darrell.frederick@verizo-n.com
By: 10rf,eef4L rl�.FDrRlelC
(please print)
Title:: ,-qP V, &-e!t_
(PI se print)
Signatu Da
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 or right-of-way Lot 5-R Bloch NIA of the
Garden Addition to the City of Southlake, Tarrant County, Texas.
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AFTER RECORDING, RETURN TO:
Southwestern Bell Telephone Company
d/b/a AT&T Texas
Attn: Right of Way
13845 FAA Boulevard
Fort Worth, Texas 76155
Encroachment:
5;0r q1k_eo T4 4k 0012 .
ENCROACHMENT PERMIT
THIS PERMIT is issued as of the L; 4, day of 5�cp-t- , 2cv% by Southwestern Bell
Telephone Company, d/b/a AT&T Texas, ("AT&T") to ,/ ("Permittee").
A&,� L. NA
TERMS AND CONDITIONS
I. Purpose and Scope of Permit
AT&T hereby allows and permits Permittee the non-exclusive use of certain
lands hereinafter described for the following purpose, subject to the conditions and
stipulations herein set forth:
Permittee is allowed to: f °YUCA-- 1-` - - CO-
Z. Encroachment Locationds}
see attachments -- I s-I .°`�S
Lot- S-. 7F Cr�r-t @.�n, A �+'- i, a,,l.ii`�`
-JIDG�) aF- S lcJw, TcL.-rzLA Cz4-�,
3. Risk of Entrv7s��o#-
a
AT&T makes no warranty whatsoever as to physical conditions which exist now,
or may exist hereafter, at said Encroachment Location(s) and Permittee accepts said
Encroachment Location(s) "AS IS" and agrees to enter thereupon at Permittee°s own
risk.
4. Permitee's Duties
Encroachment Permit-120606
By accepting this Permit, Permittee agrees, without qualification or limitation:
(a) to make no modifications or additions to its facilities at the
Encroachment Location(s) without first obtaining AT&T`s prior written
consent;
(b) to comply with the Texas Underground Facility Damage Prevention and
Safety Act, Texas Utilities Code, Section 251.001, et seq., prior to
performing any construction, demolition or repairs at the Encroachment
Location(s);
(c) to not use at the encroachment location(s) any tool, equipment, or
machinery capable of being operated within ten (10) feet of cable lines;
(d) to perform construction, demolition, repair, modifications, additions and
any other activities in compliance with all applicable laws and regulations
and in a manner that does not interfere with the operations of AT&T;
(e) to assume all risks of and relieve AT&T of any and all liability for loss of
damage to property or facilities installed by it and any other financial loss
sustained by it;
{fj to indemnify, defend and hold harmless AT&T from and against any and
all claims, demands, actions, losses, damages, assessments, charges,
judgments, liabilities, settlement liabilities, costs and expenses (including,
without limitation, interest, penalties, and reasonable attorneys' fees and
disbursements) that may from time to time be suffered or incurred by, or
asserted against AT&T because of any personal injury, including death, to
any person or loss of, physical damage to or loss of use of real or tangible
personal property, or for any financial loss of whatever nature, in any
way arising out of or in connection with this Permit or activities
undertaken pursuant to this Permit, whether caused by the acts,
negligence or willful misconduct of Permittee, its agents, employees,
representatives, contractors, permitted assigns, or those under
Permittee's control or by failure to perform the covenants or conditions
of this Permit. Permittee's obligations to indemnify and hold harmless
shall survive any termination or abandonment of this Permit. For
purposes of indemnifications set forth in this Permit, "AT&T" means
AT&T, its affiliates, subsidiaries, parent, successors and assigns and its
and their employees, directors, officers, agents, contractors and
subcontractors;
Encroachment Permit— 2-06 2
(g) to neither cause nor permit use of the rights herein granted by any other
person except Permittee's lawful successors, and if Permittee is a utility
company, any transferee of the utility system (or operating component of
a utility system) of which the Permittee's facilities at the Encroachment
Location(s) are a part;
(h) that AT&T retains all of its rights with respect to its property, right-of-way
or easement. Specifically, AT&T retains the right to access its
telecommunications facilities to repair, maintain or augment its
t�la.'"LL't15T1'.E51t�iSL'1f�7R*L'dG1Si'..1'�fi.l �8*[L�i`lrii'��itCL`t`� iaCtilyTleS as a
result of AT&T's exercise of its rights with respect to its ,property, right-of-
way or easement shall be the sole responsibility of Permittee;
W to not use, have present nor transport on or about the Encroachment
Location(s) any hazardous or toxic materials, wastes or substances or any
pollutants or contaminants ("Hazardous Substances"), without the prior
express written consent of AT&T. If at any time during the term of this
Permit, Permittee knows or has reason to believe that any Hazardous
Substances have come, or will come, to be located upon, about, or
underneath the Encroachment Location(s), then Permittee shall, as soon
as reasonably possible, give verbal and written notice of that condition to
AT&T. Permittee covenants to investigate, clean-up and otherwise
remediate any release of such Hazardous Substances by Permittee, its
agents, employees, representatives, contractors, permitted assigns, or
those under Permittee's control at Permittee's cost and expense.
Permittee shall notify AT&T prior to commencing any clean-up or
remediation; and
(j) NOTWITHSTANDING ANY PROVISION OF THIS PERMIT TO THE
CONTRARY, EXCEPT AS SET FORTH IN PARAGRAPH 4(f), IN NO EVENT
SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY SPECIAL,
INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE OR CONSEQUENTIAL
DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING, BUT NOT
LIMITED TO, LOSS OF PROFITS OR REVENUE, COST OF CAPITAL, COST OF
REPLACEMENT SERVICES, OR CLAIMS OF CUSTOMERS OR OF ANY OTHER
THIRD PARTIES, OCCASIONED BY ANY CAUSE WHATSOEVER, INCLUDING,
WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY,
NEGLIGENCE OR STRICT LIABILITY.
Encroachment Permit — 2-06 3
S. Incompatible Facilities
This Permit is issued by AT&T and accepted by Permittee with the mutual belief
that the facilities of each can exist at the Encroachment Location(s) in the form
contemplated when this Permit was issued without disruption to the other. If at
anytime for any reason Permittee's facilities are determined in AT&T's judgment to be
incompatible with AT&T's then existing or then proposed facilities, Permittee agrees it
shall cure any such incompatibility by modifying its facilities, by removing its facilities or
by taking whatever other action which in AT&T's judgment is necessary.
6. Fee Title: Superiority of Prior Interest
If neither AT&T nor Permittee own fee simple title to the lands at the
Encroachment Location(s), the authorization required by Permittee from the fee simple
owner shall be obtained at Permittee's sole cost. In any judicial construction of this
Permit, it shall be recognized that AT&T, by virtue of prior rights and prior possession
and by virtue of this Permit, shall enjoy with respect to the Encroachment Location(s)
rights superior to those of Permittee.
7. Cost
This permit is issued by AT&T and accepted by Permittee with the understanding
that Permittee's use of the permission herein granted shall not result in any cost to
AT&T. No claims for payment or performance shall be made of AT&T by Permittee and
any expenses incurred by AT&T related to Permittee's exercise of the rights herein
permitted shall be promptly reimbursed to AT&T by Permittee. In enforcing this permit
against Permittee, AT&T shall be entitled to collect reasonable attorney's fees, court
costs and interest on the principal sum.
8. Notices
Except as expressly otherwise provided, any demand, notice or other
communication to be given to a party in connection with this Permit shall be given in
writing and shall be given by personal delivery, by registered or certified mail, return
receipt requested, or by commercial overnight delivery service addressed to the
recipient as set forth below or to such other address or individual, as may be designated
by notice given by the party to the other.
AT&T: Right of Way
Manager Engineering Design
13845 FAA Boulevard
Fort Worth, Texas 76155
Encroachment Permit —2-06 4
Permittee: Ar '&,U L . `\A
l 8,1(' Gs w�-) 0-acs : P-
.5aa. a" _DC -46 411
Any demand, notice or other communication given by personal delivery shall be
conclusively deemed to have been given on the day of actual delivery thereof and if
given by registered or certified mail, return receipt requested, or by commercial
overnight delivery service on the date of receipt thereof.
9. Successors and assigns
The permission hereby given shall be binding upon the heirs, administrators,
executors and assigns of both parties.
IN WITNESS WHEREOF, the parties have executed this Permit as of the date first
above set forth.
Southwestern Bell Telephone Company
By: €) _
Name:+e J-rL�n c
Title: Manager -Engineering D@sigm o av)
Permittee
By:
bAl
Name: AA� ?.t-$s+vi
Title: IL),,U1k-a-r
Encroachment Permit— 2-06 5
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned Notary Public, on
this day personally appeared Frank Huneycutt, known to
me to be the person whose name is subscribed to the
foregoing instrument as Manager -Engineering (ROW) of
Southwestern Bell Telephone Company, dfb/a AT&T
Texas, and acknowledged to me that he executed the
same for the purposes and consideration therein
expressed and in the capacity stated, and that he was
authorized to do so.
Given under my han and seal of office this
of A2009.
Notary Public in and for the State of Texas
My commission Expires: � Ca1 — t — aD
�►;:+?vi'., MAXIE MCFADIN
Notary Public, State of Texas
qN«' My Commission Expires
December 01, 2012
Encroachment Permit — 2-06 17
Corporate Acknowledgement
STATE OF )
COUNTY OF ) SS:
On this day of 20___, before me, the subscriber,
personally appeared
sworn, did depose and say that he is the
to be known, who, being by me duly
of
, the corporation described in, and which executed the
foregoing instrument, and that he signed his name thereto by order of the Board of
Directors.
Notary Public
Partnership Acknowledgement
STATE OF )
COUNTY OF ) SS:
On this day of . 20_, before me personally came
to be known and known to me to be a partner of
. the partnership described in, and acknowledged that he
executed the foregoing instrument for and on behalf of said partnership.
Notary Public
Individual(s) Acknowledgement
STATE OF )
COUNTY OF (1iCfiG�v1.i� ) SS:
On this' --V day of 20` before me personally appeared to
me ;fie C ��.1�°►` who xecuted the foregoing instrument, and
acknowledged that he (or they) executed the same as his (or their) free act and deed.
MONICA H. DEUBNER
*= My COMMISSION EXPIRES
=1 � dune 7, 2013
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Nota ublic
Encroachment Permit-2-06 6
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CITY OF Receipt No. 58041
SOUTHLAKE RECEIPT
Print Date: 112212010
1400 Main Street
Southlake, Texas 76092 Cashier: HBLAKE
CaselPermit Number: ENCR10-0046 Page 1 of 1
Application Name: 1816 Shady Oaks Drive Encroachment Agreement
Address: 1816 SHADY OAKS DR
Application Type: Building / Public Works I Encroachment Agreement / NA
Amount Amount Date
Fee Description Invoice No. Invoice Date Invoiced Paid Paid
Easement Encroachment P 58391 01/22/2010 $150.00 $150.00 01/22/2010
Payor. Rubin Total Fees Paid: $150.00
Method of Payment: Check
Change: $0.00
Check ##: 2310
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