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