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Item 4DItem 4D CITY OF SOUTH LAKE MEMORANDUM (January 20, 2015) To: Shana Yelverton, City Manager From: Robert H. Price, P.E., Director of Public Works Subject: Approve a Right of Way and Joint Use Agreement with James D. Evans at 335 W. Bob Jones Road to allow a private fence to remain in the right of way Action Requested: Approve a Right of Way and Joint Use Agreement with James D. Evans at 335 W. Bob Jones Road to allow a private fence to remain in the right of way. Background Information: James D. Evans (Applicant) property owner of 335 W. Bob Jones Road is requesting approval to allow a private fence to remain in the current location. The existing fence encroachment is approximately 2-feet inside of the W. Bob Jones Road right of way. The existing fence consists of barbed wire on tree trunk posts. A plat revision was approved by City Council on September 16, 2014 in which the applicant dedicated 30-feet of right of way. This dedication caused the existing fence to encroach upon the W. Bob Jones Road right of way. Financial Considerations: None Strategic Link: The Right of Way and Joint Use Agreement links to the City's strategy map relative to the focus area of Quality Development by investing to provide and maintain high quality public assets. Citizen Input/ Board Review: None Legal Review: Standard Right of Way and Joint Use Agreement originally drafted by the city attorney. Alternatives: The City Council may approve, deny or amend this right of way and joint use agreement. Page 1 of 2 Item 4D Staff Recommendation: Staff recommends approving a Right of Way and Joint Use Agreement with James D. Evans at 335 W. Bob Jones Road to allow a private fence to remain in the right of way. Supporting Documents: Location Map Right of Way and Joint Use Agreement Staff Contact: Robert H. Price, P.E., Public Works Director Cheryl Taylor, P.E., Deputy Director of Public Works/City Engineer Alejandra Ayala, P.E., Civil Engineer Page 2 of 2 �, ,fad° ..e?`_ '.l .� i.•'- .:.i; '?�.,�. � �l h Approximate Location of fence 360p' 350' W BOB JOhIESR❑ _..� 44 A. �r,.+a•.; 34 35= �: J J W - v, .. i W .. ` Z W. yp P W. • � � � < � ... y_ 3 � -N-FIEL•D-DCD LOCATION MAP 9 INSTRUCTIONS FOR COMPLETING AN ENCROACHMENT AND JOINT USE AGREEMENT OF A PUBLIC 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 siqnatures and notary acknowledgments. 3. One copy of EXHIBIT NO. 1 that contains 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. 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. 9. After approval by the City Council and necessary 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\ADMINISTRATION-PW DEPT\Forms\Agreements\Joint Use and Encroachment Agreement.doc 9 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 9 Easement / Right -of -Way Joint Use Agreement THE STATE OF TEXAS § COUNTY OF § 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: 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. 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. 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. W 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\ADMINISTRATION-PW DEPT\Forms\Agreements\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 By: City of Southlake Printed Name By: Director of Public Works Applicant's Signature NOTE: Complete the attached acknowledgements. Note: Only complete the appropriate acknowledgements THE STATE OF TEXAS § COUNTY OF TARRANT § Corporate 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 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 My Commission Expires: THE STATE OF TEXAS § COUNTY OF TARRANT § Notary Public in and for the State of Texas 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: THE STATE OF TEXAS § COUNTY OF TARRANT § Notary Public in and for the State of Texas City of Southlake 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 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. Indicate on the drawing whether the encroachment is for a utility, drainage, private access, easement or right- 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 Company By: (Please Print) Title: (Please Print) Signature: Verizon Telephone Company By: (Please Print) Title: (Please Print) Signature: Charter Communications, Inc. By: (Please Print) Title: (Please Print) Signature: Atmos Energy By: (Please Print) Title: (Please Print) Signature: AT&T / Southwestern Bell Telephone Company By: (Please Print) Title: (Please Print) Signature: Tri-County Electric Company By: (Please Print) Title: (Please Print) Signature: City of Southlake By: (Please Print) Title: (Please Print) Signature: SERVICE PROVIDER CONTACTS FOR EASEMENTS IN SOUTHLAKE Oncor Electric Delivery Randy Crelia 2001 N. Industrial Bedford, TX 76021 Office: (817) 858-2579 Tri-County Electric Scott Baumbach, Utility Design Engineer 4740 Keller -Hicks Road Keller, TX 76248 Office: (817) 431 — 1541 Fax: (817) 431 — 9680 AT&T/Southwestern Bell Verizon Telephone Eric Williams Paul Messenheimer Manager Engineering Design 1132 Highway 407 1460 Round Table Drive, Room 1000 Lewisville, TX 75067 Dallas, TX 75247 Office: (972) 318-5186 Office: (214) 745-2964 Fax: (214) 745-8230 Steve Olinsky Office: (972) 318 — 5274 Westlake Area: Sabrina Deaguero 1116 Houston St., Room 1402 Fort Worth, TX 76102 Office: (817) 338-5008 Fax: (817) 338-6781 Charter Communications, INC Atmos Energy (Gas) Brent Bascom, Construction Coordinator Anibal (Omar) Campos, Project Mgr. 15100 Trinity Blvd, Ste 500 2000 Reliance Pkwy Fort Worth, TX 76155 Bedford, TX 76021 Office: (817) 298 — 3605 Office: (817) 359-1313 Fax: (817) 359-1338 Jim Friske Anibal.campos@atmosenergy.com Office: (817) 298-3632