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
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DEL MAR DR
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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
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Telephone
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FaX Nunn der
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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
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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
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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: