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Item 4NCITY OF SOUTHLAK -E MEMORANDUM (January 18, 2011) To: Shana Yelverton, City Manager From: Robert H. Price, P.E., Director of Public Works Subject: Approve an Encroachment and Joint Use Agreement of a Public Drainage and Utility Easement at 708 Castle Rock Drive Action Requested: Approve an Encroachment and Joint Use Agreement of a Public Drainage and utility Easement at 708 Castle Rock Drive. Background Information: The resident at 708 Castle Rock Drive (Block 1, Lot 8) in Estes Park is requesting an encroachment agreement of a public drainage and utility easement. The purpose of this request is for the construction of a retaining wall in order to create a level area for a swing set. There is an existing 15' public drainage and utility easement, however there are no public utilities currently installed within the easement. Currently there is a private storm pipe which collects the flow from several lots and transports it downstream. The private storm pipe and inlet at the rear of the lots are the responsibility of the individual lot owner. Franchise utility companies have reviewed the request and have also signed the encroachment agreement. Financial Considerations: There are no costs to the City. 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 agreement is to provide high quality customer service. Citizen Input/ Board Review: None. Legal Review: This is the City's standard encroachment agreement and has been reviewed by the City Attorney's office. Alternatives: The City Council may approve or deny the encroachment agreement. Staff Recommendation: Approve an Encroachment and Joint Use Agreement of a Public Drainage and utility Easement at 708 Castle Rock Drive. Supporting Documents: Location Map Encroachment Agreement Documents Staff Contact: Robert H. Price, P.E., Public Works Director Gordon J. Mayer, Jr., P.E., City Engineer Michelle McCullough, P.E., Civil Engineer 1� EADOWS CT 1 _ *s " y �'�' 1 �:`�pC' � �� , � 1 • Ik Mfr 1. ,H MV a *, rAt ..¢"k « « «. . � E : , '■�K Y 4 ' � r.ya, �, �(r " • s+; ` .r W �QUAIL1RUN w .TAYLOR ST El Alm UFM I �., .a e „ _ .. _ 70 Castle Rock Drive z LAW a _ J };tea KEYST D R_ w. "'`. ui 4 a 'BOULDER DR 4 w z ca .G ✓, ! ' LU y m �d _ d W * ' SILVERTON ST ' pi �1 j . _ ♦ s� i_ Y 11 I' • Y R »M l EADOWS CT 1 DEL MAR DR .Y' APPLICATION FOR ENCROACHMENT AND ,JOINT USE AGREEMENT OF A PUBLIC DRAINAGE AND I OR UTILITY EASEMENT OR RI F -WAY Date Of Submittal TO the City of Southfake: The undersigned hereby makes 8ppl9Cat10n to allow an encroachment and joint use of a portion of the pubf drainage and l r utility easement or right-of-way situated on or abutting prc�pee�y located at cic D,L, and described by metes and bounds in Exhibit No. 1 of the attched agreement. The reason for the enoraachment and use Of the easementinght�.of way is as follow$: / - /01 , Prin'te N P erty []caner ter/ Signature Of PrWertY Owner Address CR Mate Zip - z y- ao &- - 7 99 ' Telephone S! - s -92-e7 ! FaX Nunn der N:1oo -Nftw N b"va\V0X o TOint U98 surf E,=admcmt A�w mmt ft sajeioossv pine AauaaM.q H X IAIH1G;11 Il1117 ti unr Easement/Right-of-W# Easement/Right-of-W#j Joint Use A reement 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 referred to as "Utilities," do consent and agree to permit the following Robert and Deborah Panico successors or assi ns herein after referred to as "Applicant," to use an easement situated on or abutting 708 Castle Rock Drive IN THE CITY OF SOUTHLAKE, as described on the attached EXHIBIT No. A,, depicted graphically on the attached EXHIBIT No. B and consented to by the public utility companies as listed on the attached EXHIBIT No. C to be used for the purposes of constructing a landscaping retaining and being subjected 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 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 That the Applicant shall arrange for all activities and improvements in the easements to be discontinued and /or removed within thirty (3 0) 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 use, shall be borne by the Applicant. IV That the Applicant, his successors or assigns shall not seek compensation from the 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 WHERE F, Applicant executes this Easement Use Agreement on this V day of City of Southlake By: Director of Public Works �� f rj� GC.eI Printed Name By: Ow.,'SD Applicant's Signature NOTE: Complete the attached acknowledgements. Note: Only complete the appropriate acknowledgements THE STATE OF TEXAS Corporate Acknowledgement 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 COUNTY OF TARRANT Individual Acknowledgement BEFORE ME, the u rsign authority, a Notary Public in and for the State of Texas, on this day personally appeared = =a..,�.J, 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 _o *P: A s:9'., x,mdy�{�,q� D AND SEAL OF OF ICE hi • GIVEN 4�o C this the �� day of 20 Lv .� � a , a My Commission Expi s , April 13, 20i1 _ fll lll No ary Public in and for State of Texas My Commission Expires l - �( THE STATE OF TEXAS City of Southlake Acknowled ement 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 NAME AND SEAL OF OFFICE this _ day of _ , 20 Notary Public in and for the State of Texas My Commission Expires EXHIBIT NO. A Being that portion of that certain public utility easement/drainage easement situated in A. Chivers Survey, Abstract No. 299 to the City of Southlake, Tarrant County, Texas, and being more particularly described by metes and bounds as follows SEE EXHIBIT NO. 1 ATTACHED PROPERTY DESCRIPTION 0.0106 of an acre of Land situated in the A. Chivers Survey, Abstract No. 299, City of Southlake, Tarrant County, Texas and being a portion of Lot 9, Block I of Estes Park Phase 1 Addition, an addition to the City of Southlake as recorded in County Clerk's Document No. D 204305915, filed in Cabinet A, Slide 9572 Plat Records of Tarrant County, Texas, said 0.0106 of an acre of land being more particularly described by metes and bounds as follows; COMMENCING at the northwest corner of the aforementioned Lot 9 Block 1 of Estes Park Addition; THENCE S4 0 54'43 "E, along the west line of said Lot 9 Block 1 of Estes Park Phase 1 Addition, a total of 15.00 feet to the BEGINNING of the hereinafter described tract of land; THENCE N4 °54'43 "W, along the west line of said Lot 9 Block 1 of Estes Park Phase 1 Addition, a total of 6.00 feet to the beginning of a non -- tangent curve to the left with a radius of 851.05 feet and whose long chord bears N82 °29'46 "E; THENCE Northerly along said curve, through a central angle of 5 °11'02`, and arc distance of 77.00 feet to the end of said curve; THENCE S10 0 05'46 "E, a distance of 6.00 feet to the beginning of ' a non — tangent curve to the right with a radius of 857.05 feet and whose long chord bears S82 °29'46 " W; THENCE Southerly along said curve, through a central angle of 5 °11'02 ", and are distance of 77.54 feet to the end of said curve, and the PLACE OF BEGINNING, and containing 463.63 square feet or 0.0106 of an acre of land. JOINT USE AGREEMENT SOUTHLAKE, TEXAS E O� I NC . 2553 E. Loop 820 Dart Worth, Texas 76118 THIS DOCUMENT I$ FOR INTERIM REVIEW Fax 817 - 590 - S60D Phone 817 - 589 -0000 - 0000 AND IS 140T INTENDED FOR CONSTRUCTION, BIDDING OR PERMIT PURPOSES. CIVIL ENGINEERING FIRM REGISTRATION; ## F- 003116 (M WW WDEOT E.COM BY: Clayion T. Redinger Reg No 97497 DRAVN BY: I SCAIE: DATE: PROJECT NO.: SHEET. Date: 08/04/2010 CTR NA 1 08/24/2010 1 2003105 1 OF 1 EXHIBIT NO. B 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 use with dimensions This drawing shall include a north arrow, Iegal 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 NO.2 AND NO. 2A ATTACHED N CURVE TABLE LINE LENGTH DIRECTION CURVE 2 RADIUS DELTA CHORD BAG p L1 A = 22'21'53" Cl 77.00 2.078 AC. RAD. = 842.05 78.97 z 8.00 LEN. = 328.68' 77.54 F2 m 5 °11 '02" TA _ 166.4 o < —� ��- 92. 06 �� � �gIU �• 119.74' C1 C2 8 w t 0.344 AC. 10 Li 6 rn c Q 0.345 AC. � � 0.432 AC, 7 ry 0 41 OD LINE TABLE CURVE TABLE LINE LENGTH DIRECTION CURVE LENGTH RADIUS DELTA CHORD BAG CHORD L1 8.00 E4 °54'43 "W Cl 77.00 851.05 5 0 11'02" 1Y82°2946T 78.97 L2 8.00 S10 °05'48'E C2 77.54 857.05 5 °11 '02" S82 °29 ° 48 "W 7'7'.52 0 10 20 40 ( IN FEET ) i INCH = 20 FT THIS DOCUMENT IS FOR INTERIM REVIEW AND IS NOT INTENDER FOR CONSTRUCTION, 11DOING OR PERMIT PURPOSES. BY; Clayton t Redingw Regg. No.; 97 7 0.Ee 08/04/2070 JOINT USE AGREEMENT SOUTHLAKE, TEXAS TT �� 2553 E, , Narth NDEO, Foci Worthrth, Texaxa s 7611& ® Fax 817 -590 -8600 Phone 817.589 -0000 CIVIL ENGINEERING FIRM REGISTRATION: # F -003116 (dam W W W.DE07TF.COM DRAWN BY: SCALE: DATE: PROJECT NO.: B T: CTR 1 " =20' 08/24/2010 2003105 1 OF 1 6 a S 15 s o w \ LOT 5 Q.05 O 0 9 1 5' UTILITY EASEMENT CABINET A, SLIDE 9572 P.R.TC.T a �.. METAL FEN ' _- - J TOW 7 0' UTILaY EASEMENT 1 A 4 CABINET A, SUDS 9572 Y I f DICE POSTS 1 0. INSIDE PROP dk fw i STES PARK 1 5' UTILITY EASEMENT LOT 8 , B LOCK I CABINET A, SLIDE 9572 CABIN , SLI RET P.R.T.C.T i WALL U - I \ 'f3 � AT TIME DE SURVEY ° �. � STEEL POSTS DNI,y ALONG THIS LII�}I L 70.4 AC � a 10.7 m AC 3, � 3,9°5 57 ��EO e J �6 7.5° fJTILlTy , C4 �C� ��—`_" CABINET A SLIDE p p, �, ! P.R.T.C.T CM TWO STORY MCK 1 RESIDENCE AC M ETAL EM t 708 CASTLE ROCK �t FENCE ' CONCRETE PAVEMENT 2.0, vo co �. 30 ' �U�9 4NDe 9572 EXHIBIT NO. C 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 requested in this Application for encroachment and joint use of right-of-way Street name. Kimball Ave. Oncor Electric Company By (Please Print) Title (Please Print) Signature Verizon Telephone Company By ( PIease Print), Title (Please Print) Signature Charter Communications, Inc. By (Please Print) Title (Please Print) Signature City-of Southlake By ak4fl (t (Please Prmt) ! I Title 2 v t rq d 8e W e I L , 4 (Please Print) Signature -'ru j4j ' ." AT &T Telephone Company By (Please Print) Title (Please Print) Signature Tri- County Electric Comfy By (Please Print) Title (Please Print) Signature Atmos Ener By (Please Print) Title (Please Print) Signature M B I T NO. C The undtersi pubis( uuim companies uvitlin or entitled to use, under the ten and provisions of our resferlu 4e franchise ,hc, s `ity of SauuF oL-ik, do hareby consent to the ericroachment and joint use of the described portion of Stich di as,t ?. c; aridity easement or right-of- requested in this Appl ]Qatlon for encrw0ir ;,c and joint u. ,- Cnght- •of - wav .�trect name. Oncer E_;:c Com Afl -, AT&T Telep Con S)_,' By Wlvase Print) -- — (Please Print) — Ti 9.l,; Title __ . ;_r'hs asp, Print) (Please Print) Sigrigswi Signature �' Priz��T: yne //' � � c}n�r�Gr�4 ^ Tri- Coun Electric woman- IFlease Prink (Please Print) (.1. k:a • Pant) — (Please Print) — Signabor _ Signatume C'ha-crr._t_ orn A(rnos lyner B _ I Please Print) _ T (Picase Print) Trr_ib° Title _ - (Pk Esc Print) — T ()Pleasc Print) 'Signaiure -- Signaturc City cif Southlake b' (Plc asc Print) EXHIBIT NO, C 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 encroaclment and joint use of the described portion of such drainage and/or utility easernent or right -of -way requested in this Application for encroachment and joint use of right -of -way � ��5 L (4w, Street name. 1A CA} fLekDaL , ` b j uj) ScAPt ,v{q, L ratfilrut% 4ru, Oncor Electric Company By (Please Print) Title (Please Print) Signature - -- _ - -- Verizo TeIgphone Compa By (Please Print) Title (Please Print) Signature Charter Communications Inc. By (Please Print) Title (Please Print) Signature C'ily o£ Sauthlake By (Please Print) Title (Please print) Signature. - AT &T Telephone, Company By (please Print) Title (Please Print) Signature Tri-CountvElectric Cone B D, & a a k (Please Print) Title (.Please Print) Signature Atmos EI&M By (Please Print) Title (Please Print) Signature C___✓ lux 1GJ' Ls _ -sz 7 1 k C /? k N /J � A 1C frS To OuCL I1NIFA4uc fitfz� EXHIB NO. C 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 requested in this Application for encroachment and joint use of right-of-way — 1 0% CZ41 izoc k Street name. Oncor Elec 'c C= AT&T Tel By By (Please Print) . (Please Print) Title (Please Print) Title. (Please Print Signature Verizon Telephone Qom au By (Please Print). Title (Please Print) Signature Charter Communications, Inc, By —, !J'i l 3GtaCl" J - � (Please Print) Title (Please Print) . t Signatur City of Southlake By (Please Plant) Title (Please Print) Signature Signature Tri- County Electric Comoan By (Please Print) Title (Please Print Signature ,wD Enemy By (Please Print) Title (Please Print) Signature p EXHIBIT NO. C 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 requested in this Application for encroachment and joint use of right-of-way "Z C� Casa- le R 0C-AL. Street name. Kimball -Ave. Oncor Electric Company AT &T Telephone Company By By (Please Print) (Please Print) Title (Please Print) Signature Title (Please Print) Signature Verizon Telephone Company By (Please Print) Title (Please Print) Signature Tri- County Electric Campy By (Please Print) Title (Please Print) Signature Charter Communications, Inc. By (Please Print) Title (Please Print) Signature City of Southlake By (Please Print) Title Atmos By (Please Print) Title Signz (Please Print) Signature EXHIBIT NO. C 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 requested in this Application for encroachment and joint use of right -of -way 1 zL4 I& C o ck Street name. . Oncor Electric Company AT &T Telpphone // Com � r-- h. an By By — t / /��/ , (Please Print) Title (Please Print) Signature Verizon Telgph_one Company By (Please Print) Title (Please Print) Signature Charter Communications, Inc. By (Please Print) Title (Please Print) Signature City of Southlake By (Please Print) Title (Please Print) (Please Print) Title 6 n - ! , Z✓ 1 (Please Print) Signature Tri-County Electric Com an By (Please Print) Title (Please Print) Signature Atmos Enerav By (Please Print) Title (Please Print) Signature Signature EXHIBIT NO. C 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 Application for encroachment and joint use of a public drainage and utility easement or right -of -way. 708 Castle Rock Oncor Electric Delivery By: r6fZrlAWDQ, 1A . ( 001r4T,AAAL (Please Print) Title: ?go-j--.cr MA JArff (Please Print) Signature: ¢ - M . L a- a__ Verizon Telephone Company By: (Please Print) (Please Print) Title: (Please Print) (Please Print) Signature: Charter Communications Inc. By: By: (Please Print) Title: Title: (Please Print) Signature: Signature: Atmos Eneray By: By: (Please Print) Title: Title: (Please Print) Signature: Southwestern Bell Telephone Company By: (Please Print) Title: (Please Print) Signature: Tri- County Electric Companv By: (Please Print) Title: (Please Print) Signature: City of Southlake By: (Please Print) Title: Please Print) Signature: