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