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Item 4CM E M O R A N D U M (March 6, 2012) To: Shana Yelverton, City Manager From: Robert H. Price, P.E., Public Works Director Subject: Approve Resolution 12-018, a resolution granting administrative authority to the City Manager to execute encroachment agreements on city owned easements Action Requested: Approve Resolution 12-018, a resolution granting administrative authority to the City Manager to execute encroachment agreements on city owned easements. Background Information: The current Code of Southlake provides provisions for land owners and land users to encroach into city easements and right of way under certain conditions. The process requires that the requesting party needing the encroachment make application with the Public Works Department describing in detail the nature of the encroachment and the location. Once the application has been reviewed by the Director of Public Works the agreement is recommended and submitted for approval by the City Council. The application for encroachment into public easement is usually for facilities on private property that have a platted or dedicated public easement for drainage or utilities. The application for encroachment into right of way is usually for facilities in city owned right of way. This proposed administrative procedure change allows for staff authorization of encroachment agreements into easements while encroachment agreements into right of way would still need City Council approval. Recent examples of encroachment into easements are fences, driveways and shade structures. Examples of encroachment into right of way would be dining patios in Southlake Town Square and monument signs located along street widening projects. The approval of this resolution will streamline the process of approvals for encroachments into easements and reduce the actions required of the City Council. Financial Considerations: None Strategic Link: Resolution 12-018 links to the city’s strategy map relative to the focus of Performance Management and Service Delivery. The specific corporate objectives that are met by this resolution include: Providing high quality customer service, Improving performance of delivery and operational processes and Establishing and maintaining effective internal controls. Citizen Input/ Board Review: None Legal Review: None Alternatives: The City Council may approve the Resolution or deny it. Supporting Documents: Resolution 12-018 Encroachment and Joint Use Agreement of a Public Easement or Right of Way Staff Recommendation: Approve Resolution 12-018, a resolution granting administrative authority to the City Manager to execute encroachment agreements on city owned easements 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 RESOLUTION NO. 12-018 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS ESTABLISHING A STANDARD FORM OF AN ENCROACHMENT AND JOINT USE AGREEMENT OF A PUBLIC EASEMENT OR RIGHT OF WAY WITHIN THE CITY OF SOUTHLAKE, TEXAS AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake desires to provide for an orderly and efficient development process whereby the developers of properties in the City of Southlake clearly understand their duties and responsibilities ; and WHEREAS, the City of Southlake desires to establish a standard form of an Encroachment and Joint Use Agreement of a Public Easement or Right of Way that clearly delineates the duties and responsibilities of the landowner as they pertain to a particular easement in question; and, WHEREAS, the City of Southlake desires to establish a standard form of an Encroachment and Joint Use Agreement of a Public Easement or Right of Way that clearly delineates the duties and responsibilities of the land user as they pertain to a particular right of way in question; and, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: 1.That the document attached herein and identified as Exhibit A shall be from this date forward identified as the City of Southlake’s Standard Form of an Encroachment and Joint Use Agreement of a Public Easement or Right of Way; and, 2.That encroachments into public easements shall be considered for approval by the City Manager; and, 3.That encroachments into right of way shall be considered for approval by the City Council. 4.This resolution shall become effective on the date of approval by the City Council. PASSED AND APPROVED THIS THE 6th DAY of March, 2012. ______________________________ John Terrell Mayor ATTEST: Alicia Richardson, TRMC City Secretary INSTRUCTIONS FOR COMPLETING AN ENCROACHMENT AND JOINT USE AGREEMENT OF A PUBLIC EASEMENT OR RIGHTOFWAY 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 / RightofWay 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 contains the precise metes and bounds description of the part of the Note . easement or right-of-way to be used. This information is best provided by a registered land surveyor that the City staff is not authorized to prepare this information. Do not place drawings or plats on this exhibit. 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.The Public Works Department may require an additional EXHIBIT NO. 2A which may include a detailed drawing or cross sectional drawings of decks, signs, retaining walls, fences, driveways, piers, footings, etc. to fully evaluate the extent of the encroachment 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 and pay the $150.00 application fee. 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 and rightofway encroachments require approval by the City Council. 9.After approval by theCity Council andnecessary City departments, a copy of the agreement is forwarded to the Building Permit Department for retention in any pending permit files, 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\Forms\Joint Use and Encroachment Agreement.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 OwnerTelephone ______________________________________________________________ Signature of Property OwnerFax Number ____________________________________ Address ____________________________________ CityStateZip 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 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: I. 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 / 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. III. That the Applicant shall arrange for all activities and improvements in the easements to be discontinued and / or removed within thirty (30) days of written notification, at the discretion of City, for: (1)Lack of maintenance to the easement / 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 / 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. N:\00-New N Drive\Forms\Joint Use and Encroachment Agreement.doc 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 / Right-of-Way Use Agreement on this _________________ day of _____________, 20______. City of Southlake______________________________ Printed Name By: __________________________By: ___________________________ Director ofPublic WorksApplicant’s Signature NOTE: Complete the attached acknowledgements. Note: Only complete the appropriate acknowledgements Corporate Acknowledgment THE STATE OF TEXAS§ 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: ____________________ Individual Acknowledgment THE STATE OF TEXAS§ 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 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 ____. ____________________________________ Notary Public in and for the State of Texas My Commission Expires: _____________________ City of SouthlakeAcknowledgment THE STATE OF TEXAS§ 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___. __________________________________ Notary Public in and for the State of Texas My Commission Expires: _____________________ EXHIBIT NO. 1 Being that portion of that certain public utility easement / drainage easement / right of way situated in _____________________________ Addition/Survey to the City of Southlake, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: 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. utility, drainage, private access, easement or right- Indicate on the drawing whether theencroachment is for a of-way. EXHIBIT NO. 2A The following is a detail and / or cross section drawing of the improvement(s) in the utility easement / drainage easement /right of way to be subject to the encroachment and joint use agreement in this application. 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 Oncor Electric Delivery CompanyAT&T / SouthwesternBell Telephone Company By: ____________________________By: ______________________________ (Please Print)(Please Print) Title: ___________________________Title: _____________________________ (Please Print)(Please Print) Signature: ________________________Signature: __________________________ Verizon Telephone CompanyTri-County Electric Company By: ____________________________By: ______________________________ (Please Print)(Please Print) Title: ___________________________Title: _____________________________ (Please Print)(Please Print) Signature: ________________________Signature: __________________________ Charter Communications, Inc.City of Southlake By: ____________________________By: ______________________________ (Please Print)(Please Print) Title: ___________________________Title: _____________________________ (Please Print)(Please Print) Signature: ________________________Signature: __________________________ Atmos Energy By: ____________________________ (Please Print) Title: ___________________________ (Please Print) Signature: ________________________ SERVICE PROVIDER CONTACTS FOR EASEMENTS IN SOUTHLAKE Oncor Electric DeliveryTri-County Electric RobertMartinez, DesignerScott Baumbach, Utility Design Engineer 2001 N. Industrial4740 Keller-Hicks Road Bedford, TX 76021Keller, TX 76248 Office: (817) 215–6688Office: (817) 431 –1541 Fax: (817) 431 –9680 AT&T/Southwestern BellVerizon Telephone Eric Williams 500 John Carpenter Frwy TXG31E01 Manager Engineering Design Irving, TX 75062 Darrell Frederick, Supervisor –NE OSP: 1116 Houston St., Room 1404 (972) 413 –2733 Fort Worth, TX 76102 Office: (817) 338 –6803Steve Gentry: (940)381 –9294 Fax: (817) 338 –6781Steve Olinsky: (972) 318 –5274 Michael Cook: (817) 691 –5772 Charter Communications, INCAtmos Energy (Gas) Brent Bascom, Construction CoordinatorJeff Wylie, Manager Right of Way 15100 Trinity Blvd, Ste 500P.O. Box 650654 Fort Worth, TX 76155Dallas, TX 75265-0654 Office: (408) 392–78671-800-460-3030 jeff.wylie@atmosenergy.com