Item 4CITY OF
SOUTH LADE
MEMORANDUM
(April 29, 2011)
To: Shana Yelverton, City Manager
From: Robert H. Price, P.E., Director of Public Works
Subject: Approve a Right of Way and Utility Easement Encroachment
and Joint Use Agreement with Carroll Independent School
District on Lot 1R, Block 1R, of the Carroll High School
Addition and waive any and all fees related to the
Encroachment Agreement
Action
Requested: Approve a Right of Way and Utility Easement Encroachment and
Joint Use Agreement with Carroll Independent School District on
Lot 1 R, Block 1 R, of the Carroll High School Addition and waive any
and all fees related to the Encroachment Agreement.
Background
Information: Various improvements are planned on the Carroll Senior High
campus as part of the Carroll Independent School District's (CISD)
bond program. During review of the submittals, the City noted that
the parking lot and chain link fence on the west side of the campus
encroached into the right of way along the east side of Peytonville
Avenue.
CISD requested that the City abandon the right of way in this area
as the roadway has been improved per the master thoroughfare
plan in this section of the roadway. During discussions with the
franchise utilities, it was determined that both Verizon and Tri
County Electric had existing utilities buried on the east side of
Peytonville Ave. within the city's right of way in the encroachment
area.
Existing utilities within this area prevent the abandonment of the
right of way but will allow for an encroachment and joint use
agreement between the City and CISD. This agreement will allow
the existing parking lot and chain link fence to encroach into the
city's right of way for a period not to exceed 99 years. The
encroachment and joint use agreement requires concurrence of the
franchise utilities.
Financial
Considerations: The only costs are those associated with filing of the encroachment
agreement with the county.
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 a Right of Way and Utility Easement Encroachment and
Joint Use Agreement with Carroll Independent School District on
Lot 1R, Block 1R, of the Carroll High School Addition and Waive
Any and All Fees Related to the Encroachment Agreement.
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
Steven D. Anderson, P.E., Civil Engineer
Project Location
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Encroachment
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INSTRUCTIONS FOR COMPLETING AN ENCROACHMENT AND JOINT USE AGREEMENT
OF A PUBLIC DRAINAGE AND / OR UTILITY EASEMENT OR RIGHT -OF -WAY
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, signed in black ink.
2. One copy of the Easement / Right -of -Way Joint Use Agreement with an original signature, signed and
notarized in black ink. Do not submit copies of signatures and notary acknowledgments
3. One copy of EXHIBIT NO. 1 that shows the improvements permitted to encroach. This ideally is a survey
containing the precise metes and bounds description of the part of the easement or right -of -way 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.
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 / right -of -way 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.
'
filly @VaIWafo fho @4 Of fho onrrnorhmonf ( Not included in this encroachment agreement.)
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.
8. This agreement will be circulated through the Planning and Development, Building Inspection and Public
Works Departments within the City of Southlake. Please allow approximately seven to ten working days to
complete the circulation process. Easement encroachments may be approved administratively. Right -of -way
encroachments require approval by the City Council.
9. After approval by the necessary City departments, a copy of the agreement is forwarded to the Building
Permit Department for retention in any pending permit files. The Planning and Development Department is
responsible for filing the agreement in the deed records of Tarrant County. After filing with Tarrant County, 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
N: 00 -New N Drive A Projects \Prcjects,Prgjects (CISD)`,Caroll High School Senior High Encroachment 2011,2011 -4 (Joint Use and Encroachment
Agreement -S. Pei- toncille) 1\4S.doc
APPLICATION FOR ENCROACHMENT AND JOINT USE AGREEMENT
OF A PUBLIC DRAINAGE AND / OR UTILITY EASEMENT OR RIGHT -OF -WAY
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 or right -of -way 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 /right -of -way is as follows:
Printed Name of Property Owner
Signature of Property Owner
Address
City State Zip
Telephone
Fax Number
Easement / 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 referred to as "Utilities," do consent and agree for a period of ninety -nine (99) years to permit the following
, herein after referred to as "Applicant," to use an easement / right -of -way,
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:
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. The Applicant shall provide prior written notice to the City of any work to repair, renovate
and /or reconstruct the improvements situated in the easement area.
If the improvements permitted to encroach or any portions thereof are removed at any time, the permission to
encroach as to the removed improvements is automatically rescinded, and the removed improvements may not
be restored without prior written approval of the City.
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 / 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.
IV.
Regardless of the stated term of the easement, the easement may be terminated by the City at any time for any of
the following reasons:
(1) Lack of maintenance to the easement / right -of -way;
(2) Failure to provide access to the City or its designees; or
(3) Should the City require the easement area for the construction of additional street, utilty or other
municipal public purposes.
Upon receipt of a City Council directive that use of the easement by the Applicant bediscontinued, Appllicant shall
arrange for all activities and improvements in the easements to be discontinued and / or removed within thirty (30)
days of written notification, 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 / right -of -way use, shall be borne by the Applicant.
MI
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.
M
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 for a period of time
not to exceed ninety -nine (99) years.
IN TESTIMONY WHEREOF, Applicant executes this Easement / Right -of -Way Use Agreement on this
day of , 20
City of Southlake
By:
Director of Public Works
By:
Printed Name
Applicant's Signature
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 §
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:
Notary Public in and for the State of Texas
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_
My Commission Expires:
Notary Public in and for the State of Texas
EXHIBIT NO. 1
Being that portion of that certain public utility easement / drainage easement / right of way situated in Carroll
Senior High School Addition /Survey to the City of Southlake, Tarrant County, Texas, and being more particularly
described by metes and bounds as follows:
EXHIBIT "A"
PROPERTY DESCRIPTION
17,940 square feet of land, being a portion of South Peytonville Road, situated in the R. Paden
Survey, Abstract No. 1255, City of Southlake, Tarrant County, Texas, said 17,940 square feet of land
being more particularly described by metes and bounds as follows:
COMMENCING at a " +" cut in concrete found at the intersection of the easterly R.O.W. line of
South Peytonville Road and the Southerly R.O.W. line of West Southlake Boulevard (F.M. 1709)
said " +" also being the northwest corner of Lot 1, Block 1, Carroll Senior High School Addition, an
addition to the City of Southlake, Tarrant County, Texas, as recorded in County Clerk's Document
No, 210240592, Plat Records of Tarrant County, Texas;
THENCE S 01 Degrees 21 Minutes 10 Seconds W, along the westerly line of the aforementioned
Lot 1 and the easterly R.O.W. line of said South Peytonville Road, a distance of 392.23 feet to the
BEGINNING of the hereinafter described tract of land;
THENCE S 01 Degrees 21 Minutes 10 Seconds W, continuing along the westerly line of said Lot
1 and the easterly R.O.W. line of said Road, a distance of 213.24 feet;
THENCE S 01 Degrees 25 Minutes 34 Seconds W, continuing along the westerly line of said Lot
1 and said R.O.W. line, a distance of 1163.32 feet;
THENCE S 88 Degrees 51 Minutes 11 Seconds W, a distance of 1.61 feet to a point in South
Peytonville Road;
THENCE N 00 Degrees 16 Minutes 20 Seconds W, a distance of 770.88 feet;
THENCE N 22 Degrees 14 Minutes 28 Seconds E, a distance of 35.75 feet;
THENCE N 00 Degrees 53 Minutes 51 Seconds E, a distance of 377.36 feet;
THENCE N 39 Degrees 37 Minutes 17 Seconds E, a distance of 8.55 feet;
THENCE N 00 Degrees 32 Minutes 24 Seconds E, a distance of 188.29 feet;
THENCE N 89 Degrees 52 Minutes 25 Seconds E, a distance of 12.59 feet to the PLACE OF
BEGINNING and containing 17,940 square feet or 0.412 of an acre of land.
See Exhibit `B "map of 17,940 square feet
of land with even date.
C/ v%
EXHIBIT NO. 2
The following is a drawing depicting the area or portion of the easement / 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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1. BEARINGS ARE BASED UPON MONUMENTS ,q
FOUND ALONG THE WESTERLY LINE OF LOT 1, 1 42V BLOCK 1, CARROLL SENIOR HIGH SCHOOL P
ADDITION, AN ADDITION TO THE CITY OF z
SOUTHLAKE, TARRANT COUNTY, TEXAS, AS I0
RECORDED IN COUNTY CLERK'S DOCUMENT E ,
D210240592, PLAT RECORDS OF TARRANT
COUNTY, TEXAS.
2. SEE SEPARATE METES AND BOUNDS OF w
17.940 SQUARE FEET OF LAND WITH EVEN I ,
DATE.
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LINE TABLE
NUMBER
DIRECTION
DISTANCE
L1
S 88'51'11" W
1.61'
L2
N 22'14'28" E
35.75'
L3
N 39'37 E
8.55'
L4
N 00'32'24" E
188.29'
L5
N 89'52'25" E
12.59'
.N
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CARROLL SENIOR HIGH SCHOOL ADDITION
C.C. DOC. # D210240590
9 �T ti �0
1/2' IRF WITH CAP
STAMPED 'MOAK"
(CONTROL MON.)
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PARE P
EXHIBIT "B"
17.9 SQUARE F OF LAND
BEING A PORTION OF SOUTH PEYTONVILLE ROAD
SITUATED IN THE R. PADEN SURVEY, ABSTRACT NO.
1255, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS.
LANDES do ASSOCIATES, INC.
REGISTERE PROFESSIONAL LAND SURVEYORS
10014-
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LOT 1, EILK. 1
CARROLL SENIOR HIGH SCHOOL ADDITION
C.C. DOC. # D210240590
9 �T ti �0
1/2' IRF WITH CAP
STAMPED 'MOAK"
(CONTROL MON.)
I lDT 73 T i�QT 32 T - wT �;1 - WT � 1 - WT � F
PARE P
EXHIBIT "B"
17.9 SQUARE F OF LAND
BEING A PORTION OF SOUTH PEYTONVILLE ROAD
SITUATED IN THE R. PADEN SURVEY, ABSTRACT NO.
1255, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS.
LANDES do ASSOCIATES, INC.
REGISTERE PROFESSIONAL LAND SURVEYORS
10014-
Not included in this encroachment agreement
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 requested in this Application for
encroachment and joint use of a public drainage and utility easement or right -of -way for Lot 1, Block 1 of the
Carroll Senior High School Addition.
Oncor Electric Delivery Company
Bv:
(Please Print)
Title:
(Please Print)
Signature:
Verizon Telephone Company
Bv:
(Please Print)
Title:
(Please Print)
Signature:
Charter Communications, Inc.
Bv:
(Please Print)
Title:
(Please Print)
Signature:
Atmos Energy
Bv:
(Please Print)
Title:
(Please Print)
Signature:
AT &T / Southwestern Bell Telephone Company
By:
(Please Print)
Title:
(Please Print)
Signature:
Tri- County Electric Company
Bv:
(Please Print)
Title:
(Please Print)
Signature:
City of Southlake
Bv:
(Please Print)
Title:
(Please Print)
Signature: