OR 91-535 Waterford at Lake Park - screening wall along MacArthur Blvd AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO.91535
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, GRANTING WATERFORD AT
LAKE PARK OWNERS ASSOCIATION, INC. A NONEXCLUSIVE FRANCHISE TO USE A
TWO AND ONE-HALF FOOT STRIP OF RIGHT-OF-WAY OF MACARTHUR BOULEVARD
FOR THE PURPOSE OF CONSTRUCTING AND MAINTAINING A SCREENING WALL;
PROVIDING THAT THE FRANCHISE MAY BE CANCELED BY THE CITY COUNCIL OF
THE CITY OF COPPELL IN THE EVENT THE CITY COUNCIL DETERMINES THAT THE
LAND IS NEEDED FOR PUBLIC PURPOSES; PROVIDING THAT THE FRANCHISEE WILL
CONSTRUCT AND MAINTAIN THE SCREENING WALL; PROVIDING OTHER FRANCHISE
REGULATIONS AND REQUIREMENTS; AND DECLARING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COPPELL, TEXAS:
Section 1. The City of Coppell, Texas, hereinafter called "City", hereby grants
unto Waterford at Lake Park Owners Association, Inc., hereinafter called "Grantee," a
nonexclusive right and privilege to use the two and one-half foot strip of right-of-way of
MacArthur Boulevard described by metes and bounds in Exhibit 1, attached hereto, and
shown on the plat attached as Exhibit 2, for the purpose of constructing and maintaining
thereon a screening wall.
Section 2. It is understood and agreed that in the event the City Council
determines in its sole discretion that such land is needed for public purposes, this
franchise may be canceled at any future time by majority vote of the City Council of the
City of Coppell, Texas.
Section 3. Upon acceptance of this franchise, Grantee agrees to construct the
screening wall at said location and continue to maintain the screening wall in good
condition. It is agreed and understood between City and Grantee that City shall have the
right to perform any necessary maintenance on the wall if the Grantee fails to reasonably
perform its maintenance obligations within ten (10) days after receipt of written notice from
City stating the nature and extent of the Grantees' failure to maintain and that in the event
the City is required to perform the maintenance obligations of Grantee, the City shall have
the right to bill Grantee for such expenses and costs and collect any assessments to
cover such costs that Grantee could have collected pursuant to its Homeowners
Agreement. Provided, however, any work that the City might perform on the wall shall
not terminate the Grantees' obligation to continue to maintain the wall pursuant to this
franchise agreement.
Section 4. Unless otherwise terminated pursuant to Section 2 above this
franchise shall continue in full force and effect for a term of twenty-five (25) years from the
effective date of this ordinance and shall automatically be extended for successive ten
(10) year periods unless a written instrument vacating or modifying the franchise is duly
adopted by the City Council of the City of Coppell, Texas.
Section 5. Grantee shall indicate its acceptance of this franchise by signing this
ordinance below the signatures of the Mayor and City Secretary.
Section 6. By grant of this franchise, the City does not waive nor surrender any
rights or powers reserved to it by the Coppell City Charter or any rights or powers
pursuant to laws of the State of Texas.
Section 7. This ordinance shall take effect immediately from and after its
passage as the law in such cases provides and may be recorded in the Deed Records
of Dallas County.
DULY PASSED AND ADOPTED by the City Council of the City of Coppell, Texas,
this 10th day of December, 1991.
APPROVED
Mark Wolfe
MAYOR
ATTEST:
Dorothy Timmons, Linda Grau
CITY SECRETARY, ASST.
APPROVED:
WATERFORD AT LAKE PARK OWNERS
ASSOCIATION, INC.
By
APPROVED AS TO FORM:
Lawrence W. Jackson
CITY ATTORNEY
WALL & LANDSCAPE FRANCHISE AREA
BEING a 2.50 foot wide strip of land situated in the William
Trimble Survey, Abstract No. 1791 in the City of Coppell, Dallas
County, Texas and being more particularly described as follows:
BEGINNING at a point of intersection of the westerly line
of MacArthur Boulevard (a 100 foot right-of-way) with the south
line of Glen Lakes Drive (a 50 foot right-of-way);
THENCE N. 63o51'45" E., 2.50 feet to a point for corner
being in a curve to the left running in a southeasterly direction
and having a central angle of 4°49'56'' a radius of 1442.50 feet
and a chord bearing of S. 29°32'48" E.;
THENCE along said curve, and being 2.50 feet east and
parallel to the said westerly line of MacArthur Boulevard, 121.66
feet to the end of said curve;
THENCE S. 31°57'46'' E., 130.04 feet continuing parallel
to the said westerly line of MacArthur Boulevard to the beginning
of a curve to the right having a central angle of 7°05'52'' a
radius of 947.50 feet and a chord bearing of S. 28°24'50'' E.;
THENCE along said curve, and parallel to the said westerly
line of MacArthur Boulevard, 117.38 feet to the end of said
curve;
THENCE S. 1~02'58'' E., 176.67 feet to a point for corner;
THENCE S. 88°57'02'' W., 2.50 feet to a point for corner;
THENCE N. 1°02'58" W., 176.14 feet to a point for corner
on the said westerly line of MacArthur Boulevard, said point
also being in a curve to the left running in a northwesterly
direction and having a central angle of 7°03'57'' a radius of
945.00 feet and a chord bearing of N. 28°25'47'' W.;
THENCE along said curve, and the said westerly line of
MacArthur Boulevard, 116.54 feet to the end of said curve;
THENCE N. 31°57'46'' W., 130.04 feet continuing along the
said west line of MacArthur Boulevard to the beginning of a
curve to the right having a central angle of 4050'02" a radius
of 1445.00 feet and a chord bearing of N. 29032'45" W.;
THENCE along said curve, and the said westerly line of
MacArthur Boulevard, 121.91 feet to the Point of Beginning and
containing 1363 square feet of land.
EXHIBIT "1"
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DAN M. DOWDEY & ASSOCIATES INC. [ s~.'~/~'
16250 DALLAS PARKWAY SUITE 100 Job No.
~(Zi4) 9~1-0694 DALLAS , TEXAS 75248