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ST9304-CS 890828TO: CITY OF COPPELL 255 PARKWAY BLVD. P. O. BOX 478 COPPELL, TEXAS 75019 (214) 462-0022 WE ARE SENDING YOU [/ Attached [ RE: ] Under Separate Cover via the following items: [ ] Mark Up Plans [ ] Plans [ ] Prints [ ] Copy of Minutes [ ] Copy of Letter [ ] Specifications [ ] Change order [ ] COPIES DATE NO. DESCRIPTION THESE ARE TRANSMITTED as checked below: [Vi For our Use [ ] As Requested [ ] For Review & Comment [ ] Returned for Corrections [ ] Resubmit Copies for Approval [ ] Return Corrected Prints REMARKS: [ ] Approved as Noted [ ] ApPrOved as Sutmitted [ ] Note & Reply ~o: [ ] Note & Forward To: [ ] Submit Copies for Distribution [ ] Return Narkup Plans ~tth Corrections 20PY TO: STATE OF TEXAS COUNTY OF DALLAS CITY OF DALLAS CITY OF DALLAS 27,00 DEED I, ROBERT S. SLOAN, city secretary or'the City of Dallas, Texas, do hereby certify that this is a true and correct copy of City of Dallas ORDINANCE NO. 20263 which was adopted by the city council of the City of Dallas on April 12~ 1989 · WITNESS MY kLANb AND THE SEAL OF THE CITY OF DALLAS, TEXAS, This the 2nd day of August A.O. 19 89 . ROBERT S. SLOAN City Secretary City of Dallas, Texas Ammie Tavlor PREPARED BY 891141 2026. An ordinance granting a Revocable License to City of Coppell to occupy, maintain, and utilize certain public property located near the intersection of Northlake and Beltline Roads within the limits hereinafter more fully described, for the purpose of installing, maintaining and operating a 24" waterline; providing for the terms and conditions of this license; providing for the waiver of compensation to be paid to the City of Dallas; providing for the waiver of payment of the publication fee; and Providing an effective date of this license and ordinance. BE IT ORDAINED BY TH~ CITY COUNCIL OF ~ CITY OF DALLAS: SECTION 1. That a Revocable License, hereinafter referred to as "license", subject to the restrictions and conditions of this ordinance, is hereby granted to City of Coppell, a Texas municipal corporation, its successors and assigns, hereinafter referred to as "GRANT~", to occupy, maintain, and utilize for the purpose set out hereinbelow the tract of land described in Exhibit A, hereinafter referred to as "licensed area" which is attached hereto and made a part hereof. SECTION 2. That this license is granted for a term of thirty (30) years unless sooner terminated according to other terms and provisions herein contained. SECTION 3. That the above described property shall be used by GRANTEE for the following purpose under the direction of the Director of Public Works O041V/JCG/4406 '" 2026 891141 of the City of Dallas: To install, operate and maintain a 24" water transmission line. SECTION 4 That this license is subject to the provisions set forth in Exhibit B, attached hereto and made a part hereof. SECTION S. That this license is nonexciusive and is made expressly subject and subordinate to the right of the City to use-the licensed area for any public purpose. The Governing Body of the City of Dallas reserves the right to terminate and cancel this license, at will, by Resolution passed by said Governing Body. Upon termination all rights granted hereunder shall thereupon be'conSidered fully terminated and cancelled and the City of Dallas shall not be held liable by reason thereof. Said resolution shall be final and shall not be subject to review by the Courts. GRANTEE shall have the right of cancellation upon giving the City of Dallas sixty (60) days written notice of its intention to cancel, and either event upon the termination or cancellation by the City or GRANTEE, as the case may be, this license shall become null and void and GRANTEE or anyone claiming any rights under this instrument shall remove any improvements and encroachments from said area at GRANTEE's 'expense. Failure to do so shall subject GRANTEE to the provisions contained in Exhibit B, Subsection (a). Ail work shall be done at the sole cost of GRANTEE and to the satisfaction of the Director of Public Works. SECTION 6. That the license is subject to the following conditions, terms and reservations: a) Grantee shall relocate the 24" water line, if necessary at no cost to the City of Dallas, to accomodate any public improvement;. b) Grantee must comply with all State, Federal and City of Dallas laws, and all OSHA requirements. c) Grantee agrees that the trench is Compacted in accordance with Section 6.2.9, BACKFILL, of the NCTCOG Standard Specifications for Public Works Construction; and d) Grantee shall design the proposed water line to clear all existing storm drainage facilities. O041V/JCG/4406 ~ 2026 891141 SECTION 7. That the license granted hereby shall not become effective until and unless GRANTEE files an acceptance, in writing, to the terms and conditions of this ordinance with the Property l~lanagement Director, and said acceptance shall be for~arded to the City Secretary of the City of Dallas. In the event said acceptance in writing is not filed within 6 months after the passage of this ordinance as provided for herein, then the Property l~anagement Director may terminate this license. SECTION 8. That the terms and conditions contained in this ordinance shall be binding upon GRANT~., its successors and assigns. SECTION 9. That this license may not be assigned without prior written approval from the Property Management Director, or his designee. Such assignment shall recite that it is subject to the terms, restrictions, and conditions contained in this ordinance. The assignee shall deliver a copy of the assignment, along with the assigneets written acceptance of the provisions of this ordinance to the Property l~anagement Director within 10 days of such assignment; said assignment and acceptance shall be forwarded to the City Secretary of the City of Dallas. Should GRANTEE fail to obtain prior approval for assignment of this license or fail to provide the City of Dallas with the required written acceptance and a copy of the assignment, the Property ~anagement Director may terminate this license. SECTION 10. That in lieu of the insurance requirements specified in Exhibit B, Subsection (c), GRANTEE may self-insure to the extent permitted by applicable law under any plan of self-insurance, maintained in accordance with sound accounting practices, against the risks described in this Subsection (c) and shall not be required to maintain insurance hereunder provided that GRANTEE furnishes the City satisfactory evidence of the existence of an insurance reserve adequate for the risks covered by such plan of self-assurance, evidence O041V/JCG/4406 3 20263 891141 of which shall be provided to the City prior to issuance of a certified copy of the ordinance to GRANTEE. SECTION 11. That the City Secretary is hereby authorized and directed to certify a copy of this ordinance for recordation in the Deed Records of Dallas County, Texas, which certified copy shall be delivered to the Property Management Director, or his designee. The Property Management Director, or his designee, shall deliver to GRANTEE the certified copy of this ordinance. The Property Managment Director, or his designee, shall be the sole source for receiving certified copies of this ordinance for one year after its passage. SECTION 12. That the provisions of Article VI of Chapter 43 of the Dallas City code not required by state law or the City Charter are hereby waived. SECTION 13. This ordinance shall take effect ia~ediately from and after its passage in connection with the provisions of the Charter of the City of Dallas and it is accordingly so ordained. ANkt~LIEI~dNCY, City Attorney gssistant City Attorney PROPERTY l~a~Gl~tl~717 DIRECTOR O041V/JCG/4406 2 OR 891141 FIELD NOTES DESCRIBING PART OF BELT LINE ROAD TO BE LICENSED TO THE CITY OF COPPELL FOR A 24" WATERLINE, ALL THAT certain lot, tract or parcel of land lying and being situated in the City and County of Dallas, Texas, more particularly described as follows: BEING situated in the Jacob G. Carlock Survey,Abstract No. 312, the James Parrish Survey, Abstract No. ll3g, and the McKinney and Williams Survey, Abstract No. 1054, all in Dallas County,Texas, and being a lO.O foot wide portion of Belt Line Road lying 5.0 feet each side of the following described centerline; CO~4ENCING at the intersection of the centerline of Belt Line Road (120' wide right-of-way) with the east line of said James G. Carlock Survey, said east line being the common city limit line between the city of Dallas, Texas and the city of Coppell, Texas, as established by City annexation Ordinance No. 8394, said intersection point being shown as engineer's station 84+47.5 on the right-of-way map N~f Belt Line Road on file at the Dallas County Engineer's office; %THENCE North 00°59'00" East along the east line of said Carlock Survey and said common city limit line, a distance of 58.13 feet to a point lying 55.00 feet perpendicularly distant northeast from the centerline of Belt Line Road, said point being the POINT OF BEGINNING of the herein described centerline; ~THENCE North 70°07'00'' West, along a line 55.00 feet perpendicularly north from and parallel with the centerline of Belt Line Road, a distance of 567.94 feet to the beginning of a tangent curve to the left having a central angle of 41'04'00" and a radius of 291g.79 feet; THENCE in a northwesterly, westerly and southwesterly direction along said curve, being 55.00 feet radially distant north from and concentric with the curving centerline of Belt Line Road, an arc distance of 2092.75 feet to the end of said curve; THENCE South 68'49'00" West, along a line 55.00 feet perpendicularly distant northwest from and parallel with the centerline of Belt Line road, crossing the centerline of Moore Road, and continuing for a distance of 1490.96 feet to the beginning of a tangent curve to the left having a central angle of 37*40'00" and a radius of 1964.86 feet; THENCE in a southwesterly direction along said curve to the left, being 55.00 feet radially distant northwest from and concentric with the curving centerline of Belt Line Road, for an arc distance of 1291.71 feet to the end of said curve; THENCE South 31'09'00" West, continuing along a line 55.00 feet perpendicularly distant northwest from and parallel with the centerline of Belt Line Road, a distance of 578.68 feet to the beginning of a tangent curve to the right having a central angle of 37°25'47" and a radius of 1377.39 feet;.& oO I KO q COQ 891141 FIELD NOTES DESCRIBING PART OF BELT LINE ROAD TO BE LICENSED TO THE CITY OF COPPELL FOR A 24" WATERLINE. PAGE 2. ENCE in a southwesterly direction along said curve to the right, being 55.00 et radially distant northwest from and concentric with the curving centerline of It Line Road, for an arc distance of 89g.81 feet, more or less to the intersection ,of same with the Dallas and Coppell common city limit line, said intersection being the Point of Ending of the herein described tract and being approximately 6921.85 E~feet in total length and containing approximately 6g,218 square feet of land.~t GRD/gd 02-01-89 Ogl 3S dk 49 2026] 891141 PAI~ 1 ON $ EXHIBIT B ADDITIONAL LICI~NS]~ PROVISIONS That this license is granted subject to the following conditions, terms and reservations: (a) That at such time as this license is terminated or cancelled for any reason whatsoever, GRANTI~, upon orders issued by the City acting through the Director of Public i/orks, or his designee,, shall remove all installations, improvements and appurtenances o~ned by it situated in, under or attached to the licensed area, ann shall restore the premises to its fomer condition in accordance with the requirements of the Director of Public l/orks at the sole cost of GRANTEB. In' the event, upon termination of this license, GRANT~ shall fail to remove its installations, improvements and appurtenances and to restore the licensed area in compliance with orders issued by City, or 'such WOrk is not done to the satisfaction o£ the Director of Public l/orks, then in either event the City shall have the right to do all ~ork necessary to res'tore said area to its former condition or cause such work to be done, and to assess the cost of all such work against GRANTEE; in neither event shall the City of Dallas be liable to GRANTE~ on account thereof. (b) It is further understood that if and when the City of Dallas, in the exercise of its discretion, shall determine that the grade o£ any street, sidewalk or parkway should be modified or changed, or that any other work should be done in connection with any l~blic improvement which will affect the licensed area, and/or any of GRANTEE's in~ta'11ations and impro'v~nts thereon~ any modifications or changes in construction or reconstruction of any public improvement attributable to GRANTEE's use of the licensed area and/or its 89158 3611 20263 891141 PA(~ 2 OF $ installations and improvements thereon, shall be made at the sole expense of GRANTE~ and to the satisfaction of the Director of Public ~/orks. (c) It is understood and agreed, and a condition hereof, that GRANT~F. shall at all times during the tern hereof, carry public liability insurance against personal injury and property damage with a company authorized to do business in the State of Texas and satisfactory to the City of Dallas, protecting the City of Dallas against any and ail claims for damages to persons or property as a result of or arisin~ out o~ the use, operation and maintenance by GRANTE~ of the licensed area and GRANTee's installations, improvements, landscaping and equipment in connection therewith and located therein. Said insurance shall name the City of Dallas as an additional insured and shall be in an amount of not less than: $100,000.00 Property Damage, Per Occurrence $300,000.00 - Bodily Injury or Death, Per Occurrence GRANTEE shall carry said insurance at its expense, and shall upon request furnish the City of Dallas a certificate of such coverage. Said policy shall bear an endorsement to the effect that no cancellation will he effective without first giving thirty (30) days ~ritten notice to the Property Management Director. In the event GRANTEE shall allow said insurance coverage to lapse during the tern hereof, or should GRANTE~ fail to provide a certificate evidencing insurance coverage in accordance with the speci£ications as required by this section within thirty (30) days subsequent to mailing of a written request therefoee;- the Property Mar~gement Director may terminate the license granted herein. 3612 202 6]) 891141 PAGIi 3 OF S (d) This license is subject to all State laws, the provisions of the Charter of the City of Dallas as it now exists, or as may herea£ter be adopted or amended, and the ordinances of the City of Dallas now in effect or those which may hereafter be passed or adopted. The City of Dallas shall have the right to increase or decrease the compensation to be charged for the use contemplated by this grant in accordance with the provisions of the Dal-las City Code as it now exists, or as may hereafter be adopted or amended. (e) The Governing Body of the City of .Dallas reserves the right, at any time without notice, to terminate and cancel this license, by resolution, upon a finding by the Governing Body that this license is inconsistent with the public use of the property or whenever the purpose or use of the license is likely to become a nuisance, and all rights granted hereunder shall thereupon b~ considered fully terminated and cancelled and the City of Dallas shall not be held liable by reason thereof. The decision of the Governing Body of' the City in this matter shall be final and binding upon all parties insofar as .the City's determination as to whether the GRANTI~'s use of this license constitutes a nuisance or is inconsistent with the public use of the property. (f) /ks a condition hereof, GRANTI~ agrees and is bound to indemnify, defend and hold the City of Dallas whole and harmless against any and all claims for damages, costs and expenses, to persons or property that may arise out of, or be occasioned by the use, occupancy and maintenance of GRANT~'s installations and improvements within the licensed area, or from any act or omission of any representative, agent, customer and/or employee of GRANT~. This agreement shall also cover any claim-for damage that any~tglity, whether publicly or privately owned, may sustain or receive by reason of GRANTI~'s use O021F 3613 q '"" 2026] '" 891141 PAGE 4 of S of said license or GRANTEE's improvements and equii~nent located thereon. GRANTEE shall never make any claim of any kind or character whatsoever against the City of Dallas for damages that it may suffer by reason of the installation, construction, reconstruction, operation and/or maintenance of any public improvement or utility, whether presently in place or which may in the future be constructed or installed, including but not limited to, any ~ter and/or sanitary sewer mains and/or storm sewer facilities and whether such damage is due to flooding, infiltration, backflow and/or seepage caused from the failure of any installation, natural causes or from any other cause of whatsoever kind or nature. It is the intention of this indemnity agreement on the part of GRANTEE, and a condition of this license, that it shall be full and total indemnity against any kind or character of claim whatsoever that may be asserted against the City of Dallas by reason or as a consequence of having granted permission to GRANTEE to use and maintain the licensed area. GRANTEE hereby agrees to defend any and all suits, claims or causes of action brought against the City of Dallas on account of' same, and discharge any judgment or judgments that may be rendered against the City of Dallas in connection therewi th. (g) This license is subject to any existin~ 'utilities or communication facilities, including drainage, presently located within the licensed area, owned and/or operated by the City of Dallas or any utility or communications company, public or private, and to any vested rights presently owned by any utility or communications company, public or private, for the use of the licensed area for facilities presently l~>cated within the botlnd~ries of said licensed area. It is the intent of the fore~/oing that this permission herein O021F 89158 361ti. 2026] 891141 is made expressly subject to the utilization of the communication and utility purposes, both public and PAGR $ OF S licensed area for private, including drainage, over, under, through, across and along the licensed area. No buildings shall be constructed or placed upon, over or across the licensed area in such a manner as to interfere with the operation of any utilities and communication facilities. Ail and any communication company and utility, both public and private, shall have the right to remove and keep removed all or parts of any buildings which may in any way endanger or interfere with the construction, maintenance or efficiency of its respective systems within the licensed area. All communication companies and utilities, both public and private, shall at all times have the full right of ingress and egress to or from and upon the licensed area for the purpose of constructing, relocating, inspecting, patrolling, maintaining and adding to or removing all or part of its respective systems without the necessity at any time of procuring' the permission of anyone. O021F 8 9 ! 5 8 3 6 Ii 5 I! 891141 89 !!58 36l~6