Loading...
License Agreement 965 Gibbs Crossing-AG120710 ..Title Consider approval of a License Agreement between the City of Coppell and Ronald D Hinds and Jeanne Crandall to allow for the continued use of a portion of a sanitary sewer easement located at 965 Gibbs Crossing; and authorizing the Mayor to sign and execute any necessary documents. ,y&`'^` '1 ..Summary Executive Summary: � � A �� t� a�o [Enter,Summary Here] App L`c� yR. '""' ``'" ,xi°l - 2 P ot- 0^~k- _, 4-0 ntnn•"� w 41--e S -N e.� 41-124} Fiscal Impact: (0v%,�`I S G�f6 fah' 1'1 �- fw co A"... ne-pa%na 1st. [Enter Fiscal Impact Statement Here] Staff Recommendation: - -• - Ag eee 4.- Goal Icon: Sustainable City Government T H E • C t T Y • O F COPPELL q A S° _ , 9 MEMORANDUM TO: Mayor and City Council VIA: Ken Griffin, P.E., Director of Engineering/Public Works FROM: Michael Garza, P.E., Civil Engineer DATE: July 10, 2012 REF: Consider approval of a License Agreement between the City of Coppell and Ronald D. Hinds and Jeanne Crandall to allow for the continued use of a portion of a sanitary sewer easement located at 965 Gibbs Crossing; and authorizing the City Manager to sign and execute any necessary documents. In 1996, the house at 965 Gibbs Crossing in the Gibbs Station Phase 2 Subdivision was constructed. When the property was platted in 1994, a 30 foot sanitary sewer easement was provided across the rear of the property. That 30'sanitary sewer easement contains a 27" sewer line that was constructed in 1976. A survey completed on 10-10-1996 shows the 30 foot sanitary sewer easement. In 2000, the City of Coppell issued a permit to construct a pool. However, the survey documents submitted for the pool did not show the 30 foot sanitary sewer easement. The homeowner is in the process of trying to sell the house and a new survey, completed on 5/21/2012, shows the pool encroaching into the existing sanitary sewer easement. The approximate location of the 27" sanitary sewer line is under the hot tub. Our main concern with the encroachment and the approval of the license agreement is to ensure that the City will not be responsible for any damage to the pool or pool deck, either structurally or cosmetically, because of continued use of the easement. This is covered in paragraph six of the License Agreement. Staff will be available to answer questions at the Council meeting. T H E • C I T Y • O F COPPELL „ ,_ X A d 1 8 MEMORANDUM TO: Mayor and City Council VIA: Ken Griffin, P.E., Director of Engineering/Public Works FROM: Michael Garza, P.E., Civil Engineer DATE: July 10, 2012 REF: Consider approval of a License Agreement between the City of Coppell and Ronald D. Hinds and Jeanne Crandall to allow for the continued use of a portion of a sanitary sewer easement located at 965 Gibbs Crossing; and authorizing the Mayor to sign and execute any necessary documents. 045 illy« In 1996 the house at 965 Gibbs Crossing in he G•bb Station Phase 2 Subdivision was constructed. ? A survey mss, completed on 10-10-1996 showed,a 30 foot sanitary sewer easement,t-hat- naclud -a--2-7"-sanitary sewer-main in--the baek-yard of this property. This sanitary-sewer-main_was- -eonstructed-irrtffi l In 2000,the City of Coppell issued a permit to construct a pool,ift-the- aok put However, the survey documents submitted for thepoQi did not sh9w the 30 foot sanitary sewer easement. The homeowner is in the process of e'l i - e sale o€ is Ouse apd tl e new survey, completed on 5/21/2012,shows the pool encroaching ®nto the existing's tary sewer easement. After reviewing the_poo1.-permit that was submittal--in-2000 it-appears-that the easement was--left off of the permit-submitted byRobertson?s ools-allowing the-permit to tie approved and -the pool constructed. The approximate location of the aetive sanitary sewer line is under the hot tub. Our main concern with the encroachment and the approval of the license agreement is to ensure that the City will not be responsible for any damage to the pool or pool deck, either structurally or cosmetically, because of continued use of the easement. This is covered in paragraph six of the License Agreement. Staff will be available to answer questions at the Council meeting. fr—ocv c waw plCll/Vt�.e v-- 1¶I4 , lX 3U -c.oir S0t..1441.s Pwe.4 vu+ez> ,,Av: oed2 c,.CA04.s +.e. C•454^-k ��o p .11"‘044- a,o S -•41"1, w.•-. te.4..,11.4- f-i+!.i5 q 2`7" tve u� , l.,zQ itfAct.4.1 INY40 •J_ uME' Y;E.Ait1OCTS P�.1U e'N F't-hT S.7G•4j'II"E ' .( 5 3g, 96 it•I R.F .i,'N ''VC. n' c•7 G 'V S• S°°r C2oSS I• 8).61, G t• . •• Cam^J �\ c. /Z.. Ldp 1 8 _4, m loj' et s'� F4 r11 �. X20, ,\ ?4 r .•. 2F yE g...„-in 1p 131- \� \Y r. 1.10 s� L lti \ R,� v \E e t m ,.. � , 2 N Iv �1 1 • ,,, Z> Y ,, e • • ••• • • • ••• ,/4., V■b. 1 xR u •/ 45,1■41,41) 9 • 4„......,..--,,F..-. h.ccl;cS p♦10 M/.00rE1.4,0c.E E&sEMEF•.tr V ot..A5233, �. Pr-. 3>In v.R.vc..Y. ...... .- •_r twFupx. Li.nlrs (* \U(. -lf.ML FL(,(;1.1 FtA1N 0.41• co(1T("-'(l. t.∎og.) PO.. F1.(L.N1. c.c Ntr./�/PAr A.k.00. Ao,cn lc, Ccn1•.E Wit.Ie,ri`7?� I'I.AT SHOWING' I.01' 19, in BLOCK A of GIGIBS STATION, i'IIASE TWO, on Addition to the City ul CoppelI, Dallas County, •I 'xns, according to thy Mop or Plat Lhor'nf re.e•rded in Volume 940(11 . I'agc 1.1, Mop Records, Dallas Cr-minty, Texas. Commonly known as 965 Gibbs Crossing. THIS PROPERTY IS LOCATED IN ZONE(S)_AE,?C-_.AS DELINEATEDON FLOOD INSURANCE RATE MAP PANEL NO. 44ot10 oqo E EFFECTIVE DATE_APP,..15,1V4.-__. LOCALIZED FLOODING NOT DETERMINED. P.O.Box 13556 • Land Surveying Arlington,Texas • Land Planning GEODATA SURVEYING, INC. 76094.0556 • Topographic Metro 2612878 Mapping A 0P `t'. I hereby certify this to be a true arid correct representation of e SCALE I•'2° ,,rte * ego.. ; survey made on the ground under my supervision and there are• no ble encroachments or protrusions except as shown. LEGEND • GLENN W.MILLER ,,.1 ,� i 4223 �� / o iron rod 7h'e,••a� Iv,, GLENN W. MILLER R.P L.S. •STATE OF TEXAS NO. 4223 -x--x-- . . .. .fence llne „O { y -T--E-- utility line -, 11.10 DATE.10- 10.7..(Q-._-.-,_ 05/29/2012 09:32 8172612879 GEODATA PAGE 02 { UoTg: 15V.C1.1tJGS OdSED ON VI-NT. ' p ��o41 is' E, /2 x,a. ti�kJ, Gt a R 2 bs C y \ 8).61" \ A /Z,. 1� 1�� �� � %u. o oT `oo • .• Ai Q. \Mew r r 4. t �4 0.. 155 T 29 61 W 0 gyp, '7.4'•lv, fiA.4,',"c No avo . L 1� ''4.. "sue • h a_y tl l er RK aG OC m � ■ a N. y 12. �W000 DEc.K. 6e'7 J r4-\-1.0 �p� p��o 3o 5A1JlT/m2`( sEI-1Er... or " ° �� 6 oLrASEMSNj v . ot42, n 0.0 0 PG.1eb0 V.a.0.cT. N• •••--- (Loc.AT10N 6HOW1,-1 pPSED ou ?LP's') _r' 'I'° R.F. N•8 °22'2 k''W,- 103.24 \i,•,,.4.F. r - " ,s.G..ts oso MAINTENANc.-E EI,sEt�ENT ,401-..&--52:7 , II APPR.OX• 1-I1•Mcr OF 100 VEP2 F■.o00 Pi-P\.. pro-i CottiTO��(• Lt°oE.� PEa F.\•.2M. GoNtT/V PAh�F_L.t`�' �'f40\-10 n016 I,P2•\ray l°-1°- 1 PLAT SHOWING LOT 19, in BLOCK A of GIBBS STATION, PHASE TWO, an Addition to the City t of Coppell, Dallas County, Texas, according to the Map or. Plat thereof I; recorded in Volume 94001, Page 71, Map Records, Dallas County, Texas. iq Commonly known as 965 Gibbs Crossing. 1 THIS PROPERTY IS LOCATED IN ZONE(S) AEA K _AS DELINEATED ON FLOOD INSURANCE RATE MAP PANEL NO. 4 c l0 00,0 E- _ EFFECTIVE DATE AE.g.i5_,,-L `_, LOCALIZED FLOODING NOT DETERMINED. P.O.Box 13556 • Land Surveying Arlington,Texas • Land Planning • GEODATA SURVEYING, INC. 76094-0556 • Topographic Metro 261-2878 Mapping ,,,`k y yQ �'• I hereby certity this to be a true and correct representation of a �I SCALE_�� =20 �.*`�WiA'`.,Ago." survey made on the ground under my supervision end there are --- ,s `k °" k no visible encroachments or protrusions except as shown. e 1 �IIt� ' — --- --- - — 91! LEGEND . e .I. I *0_4223_,owl_ GLENN W. MILLER R.P.L.S. -STATE OF TEXAS NO. 4223 I o iron rod ',I,y °tsst,•"4'4I x---x-- fence line `, .0 N it ,, tUR y DATE_M-`0~ (' ---- L— --T--E-- utility line a /.. n N — a n o r. t. Illi Ph n !• ! n a to 11 '" n —� p� 1 gi a '\, Z g Ti Y-7 `g° . C a `n Q $, lilt i rt . i' H' .q_ E. d ` - VIII. o = v \ � o n � – ,.. s I�III i \ n o -� a 3 0 5 C O ,vx. �fIW < it �\ 7' ° rD d c DWI v o a y a a rJ „ 5 1 . . a '� E a o , R J` -§011111- W g 1 ro n N Q o rfl 1=' Ca ♦ w C o rn o m g TV______ i g 7,. T f-, 3. _ v r. a E 0 mm .. n y E1 m o a .� �o V Y � r t o. T, ..4 - 0.6. P E.:t3 co > o , a C m —0 .. ,:, D,a s )::.: ..o p-ri R- C d — tl 11. O ; 0.9 trf a' r I gc xc ., L. PI AIM.AIM. � c j* 0 0 D3 (5) lir' 1.. ` " Q m m p m Z ' 4 %k t tr., 3 'P.: z 1 ., 4. 133 -, cr o r § $ ` — 0 a` 7 t g , z 1 C7 "`4 N . m awaw0n>ter �" wg Mil.']'Y, , A, ± ROYAL LN r ,''CO o o % '" P „r,,FREEPORT PKWY. Is' � o CCPPELL Z- RD COPPLL RD b ,.6 Zr ti Ti 1 — — �-- -DENTON-TAP--it--,r g ❑ BELT 4•41116.,470- DENTON TAP RD r HEAR-17 I' RD X F., a D Gy rn L ED ❑ m �a MOORE ;RD �° 13) rri Ul 1 -n Cdo Ul D in o 'X oNls �n GI m 0 ' 6 p G1 m - I— >. m 0 "0 Z m ' '3 z' tom"' 0 N f � f _ ' +� a c] 1 1 1 m fi- ,, m ❑ Z ' ' � s w0 D a� -<73 (ii - m ❑ eu ` ! v . X i 70 Z y m -'- I In m - - _-7...... f —I m n � 1 1 1 f 1 , ': z K :w m -9 .,>J.¢ aa- ' - 1 \t. N` Pi a ' ," ‘ 8,"l■ -I 1 P r7 f. I "' . . , , , , .. , ., . t • t � — tee :3 g .� o- a. .1 . t °f a \.....%- ., e,r ,31• • i Y F f i �.ii �+Y.y.. ,, yam , ,..t ,� I: ,_ r t. . jai .'"r..{ o lUV.l z Co Co i O D 0D 4*0 o 0 N O I mwX i wX D D 3 D m D m - 0 *4 0 CA 0 ca n • Z z , NO 4 f N 2 cn D 0 0 0 io 0 71 # m, �] T S m N e xi 0 x s.. ., I 0U70 CO r w ti F..., Ul D ail O m 0] Z G? m m n e- ( Zm H Z 7: 0 in m o] x0 /7J ,0 ZDm !M. 2 K Z 3 n A C_ N g I O A STATE OF TEXAS § § LICENSE AGREEMENT COUNTY OF DALLAS § THIS AGREEMENT is made by and between City of Coppell, Texas (hereinafter referred to as "CITY") and Ronald D. Hinds and Jeanne Crandall (hereinafter collectively referred to as"LICENSEE")acting by and through their authorized representatives. WITNESSETH: WHEREAS, LICENSEE owns the real property improvements located at 965 Gibbs Crossing(Lot 19, Block A Gibbs Station Phase Two) and being more particularly described in Exhibit"A",attached hereto and incorporated herein as set forth in full;and WHEREAS, constructed on the property is a pool, pool spa and pool deck (hereinafter referred to as the "IMPROVEMENTS")within a 30 foot City sanitary sewer easement Volume 75142, page 1390 as shown on the attached survey plat marked Exhibit "B" and incorporated herein for all purposes;and WHEREAS, LICENSEE has requested the CITY allow the use and occupancy of the sewer easement for LICENSEE IMPROVEMENTS; NOW THEREFORE, in consideration of the covenants contained herein and other valuable consideration the receipt and sufficiency of which are hereby acknowledged,the parties agree as follows: 1, Purpose: CITY hereby grants LICENSEE and their successor in interest and assign an license for the purpose of maintaining and using the pool,pool spa and pool deck(the �__"�PERMITTED IMPROVEMENTS ") encroaching into the CITY sanitary sewer easement and m j +eig more particularly depicted on the map marked Exhibit "B" attached hereto and incorporated herein for all purposes. 2. Term: The term of this License shall be perpetual, subject, however, to termination by the CITY as provided herein. 3. Non-exclusive: This License is nonexclusive and is subject to any existing utility, drainage or communications facilities located in, on, under or upon the utility easement or property owned by CITY,any utility or communication company,public or private,to all vested rights presently owned by any utility or communication company,public or private for the use of the CITY utility easement for facilities presently located within the boundaries of the easement and to any existing lease, license, or other interest in the easement granted by CITY to any individual,corporation or other entity, public or private. 4. Environmental Protection: LICENSEE shall not use or permit the use of the property for any purpose that may be in violation of any laws pertaining to the health of the environment, including without limitation, the comprehensive environmental response, compensation and liability act of 1980 ("CERCLA"), the resource conservation and recovery act of 1976 ("RCRA"),the Texas Water Code and the Texas Solid Waste Disposal Act. LICENSEE warrant that the PERMITTED use of the property will not result in the disposal or other release of any hazardous substance or solid waste on or to the property, and that it will take all steps necessary to ensure that no such hazardous substance or solid waste will ever be discharged onto the property or adjoining property by LICENSEE. The terms"hazardous substance and waste"shall have the meaning specified in CERCLA and the term solid waste and disposal(or dispose)shall have the meaning specified in the RCRA; provided, however,that in the event either CERCLA or RCRA is amended so as to broaden the meaning of any term defined thereby, such broader meaning shall apply subsequent to the effective date of such amendment;and provided further,at the extent that the laws of the State of Texas establish a meaning for hazardous substance, release, solid waste, or disposal which is broader than that specified in the CERCLA or RCRA, such broader meaning shall apply. LICENSEE shall indemnify and hold CITY harmless against all costs,environmental clean up to the property and surrounding CITY property resulting from LICENSEE' use of the property under this License. 5. Mechanic's liens not permitted: LICENSEE shall fully pay all labor and materials used in,on or about the property and will not permit or suffer any mechanic's or material man's liens of any nature be affixed against the property by reason of any work done or materials furnished to the property at LICENSEE' instance or request. 6. Future City use: Except as provided in paragraph 10 herein. This License is made I expressly subject and subordinate to the right of CITY to use any portion of the easement,, for Deleted:outside the physical limes of any reasonable public purpose directly related to the existing sewer line. In the event that any the P `` i���L i te: damage occurs to the pool, pool spa or pool deck because of Licensee encroachment into the easement or that CITY shall, at any time subsequent to the date of this Agreement, at its sole C discretion, determine that the relocation, maintenance or removal of the existing sanit r rrl line shall be necessary or convenient for CITY's use of the sewer easement,ll�y hereby agrees to indemnify and does hold harmless ,hl eG a€E against any cost or claims for structural or cosmetic damage to the pool, pool spa or poe eck for any other cause of action or claim because of CITY's activities within the sanitary sewer easemen jn the event the CITY does engage in any form of maintenance,repair, relocation or removal of the existing sewer line or other use of the easement,it will use its best efforts to avoid I damage to the PERMITTED IMPROVEMENTS._The release, indemnity and hold harmless provisions shall service any termination action of this license. 7. Duration of License: This License shall terminate and be of no further force and effect in the event LICENSEE shall discontinue or abandon the use of the PERMITTED IMPROVEMENTS or in the event LICENSEE shall remove the PERMIT 1'ED IMPROVEMENTS from the property; or, in the event that the City abandons the properties depicted as a public easement on Exhibit B,then this agreement shall be of no further effect. STATE OF TEXAS § § LICENSE AGREEMENT COUNTY OF DALLAS § THIS AGREEMENT is made by and between City of Coppell, Texas (hereinafter referred to as "CITY") and Ronald D. Hinds and Jeanne Crandall (hereinafter collectively referred to as "LICENSEE") acting by and through their authorized representatives. WITNESSETH: WHEREAS, LICENSEE owns the real property improvements located at 965 Gibbs Crossing (Lot 19, Block A Gibbs Station Phase Two) and being more particularly described in Exhibit "A", attached hereto and incorporated herein as set forth in full; and WHEREAS, constructed on the property is a pool, pool spa and pool deck (hereinafter referred to as the "IMPROVEMENTS") within a 30 foot City sanitary sewer easement Volume 75142, page 1390 as shown on the attached survey plat marked Exhibit "B" and incorporated herein for all purposes; and WHEREAS, LICENSEE has requested the CITY allow the use and occupancy of the sewer easement for LICENSEE IMPROVEMENTS; NOW THEREFORE, in consideration of the covenants contained herein and other valuable consideration the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: Pur LI se: CITY hereby grants LICENSEE and their successor in interest and assign an Irrevocable li'ense for the purpose of maintaining and using the pool, pool spa and pool deck (the "PERM. ' ED IMPROVEMENTS ") encroaching into the CITY sanitary sewer easement and -• more particularly depicted on the map marked Exhibit "B" attached hereto and incorporated herein for all purposes. 2. Term: The term of this License shall be perpetual, subject, however, to termination by the CITY as provided herein. 3. Non-exclusive: This License is nonexclusive and is subject to any existing utility, drainage or communications facilities located in, on, under or upon the utility easement or property owned by CITY, any utility or communication company, public or private, to all vested rights presently owned by any utility or communication company, public or private for the use of the CITY utility easement for facilities presently located within the boundaries of the easement and to any existing lease, license, or other interest in the easement granted by CITY to any individual, corporation or other entity, public or private. 4. Environmental Protection: LICENSEE shall not use or permit the use of the property for any purpose that may be in violation of any laws pertaining to the health of the environment, including without limitation, the comprehensive environmental response, compensation and liability act of 1980 ("CERCLA"), the resource conservation and recovery act of 1976 ("RCRA"), the Texas Water Code and the Texas Solid Waste Disposal Act. LICENSEE warrant that the PERMITTED use of the property will not result in the disposal or other release of any hazardous substance or solid waste on or to the property, and that it will take all steps necessary to ensure that no such hazardous substance or solid waste will ever be discharged onto the property or adjoining property by LICENSEE. The terms "hazardous substance and waste" shall have the meaning specified in CERCLA and the term solid waste and disposal (or dispose) shall have the meaning specified in the RCRA; provided, however, that in the event either CERCLA or RCRA is amended so as to broaden the meaning of any term defined thereby, such broader meaning shall apply subsequent to the effective date of such amendment; and provided further, at the extent that the laws of the State of Texas establish a meaning for hazardous substance, release, solid waste, or disposal which is broader than that specified in the CERCLA or RCRA, such broader meaning shall apply. LICENSEE shall indemnify and hold CITY harmless against all costs, environmental clean up to the property and surrounding CITY property resulting from LICENSEE' use of the property under this License. 5. Mechanic's liens not permitted: LICENSEE shall fully pay all labor and materials used in, on or about the property and will not permit or suffer any mechanic's or material man's liens of any nature be affixed against the property by reason of any work done or materials furnished to the property at LICENSEE' instance or request. 6. Future City use: Except as provided in paragraph 10 herein. This License is made expressly subject and subordinate to the right of CITY to use any portion of the easement, for any reasonable public purpose directly related to the existing sewer line. In the event that any damage occurs to the pool, pool spa or pool deck because of Licensee encroachment into the easement or that CITY shall, at any time subsequent to the date of this Agreement, at its sole discretion, determine that the relocation, maintenance or removal of the existing sanitary sewer line shall be necessary or convenient for CITY's use of the sewer easement, LICENSEE and any successors in interest or assigns hereby agrees to indemnify and does hold CITY harmless against any cost or claims for structural or cosmetic damage to the pool, pool spa or pool deck for any other cause of action or claim because of CITY's activities within the sanitary sewer easement In the event the CITY does engage in any form of maintenance, repair, relocation or removal of the existing sewer line or other use of the easement, it will use its best efforts to avoid damage to the PERMITTED IMPROVEMENTS. The release, indemnity and hold harmless provisions shall service any termination action of this license. 7. Duration of License: This License shall terminate and be of no further force and effect in the event LICENSEE shall discontinue or abandon the use of the PERMITTED IMPROVEMENTS or in the event LICENSEE shall remove the PERMITTED IMPROVEMENTS from the property; or, in the event that the City abandons the properties depicted as a public easement on Exhibit B,then this agreement shall be of no further effect. 8. Compliance with laws: LICENSEE agree to abide by and be governed by all laws, ordinances and regulations of any and all governmental entities having jurisdiction over the LICENSEE. 9. Indemnification: LICENSEE shall defend,protect and keep CITY forever harmless and indemnified against and from any penalty, or any damage, or charge, imposed for any violation of any law, ordinance, rule or regulation arising out of the use of the property by the LICENSEE,whether occasioned by the neglect of LICENSEE, its employees, officers, agents, contractors or assigns or those holding under LICENSEE. LICENSEE shall at all times defend, protect and indemnify and it is the intention of the parties hereto that LICENSEE hold CITY harmless against and from any and all loss, cost , damage, or expense, including attorney's fees, arising out of or from any accident or other occurrence on or about the property causing personal injury, death or property damage resulting from use of property by LICENSEE, its agents, employees,customers and invitees. LICENSEE shall at all times defend, protect, indemnify and hold CITY harmless against and from any and all loss,cost,damage,or expense,including attorney's fees arising out of or from any and all claims or causes of action resulting from any failure of LICENSEE, their officers, employees,agents,contractors or assigns in any respect to comply with and perform all the requirements and provisions hereof. 10. Action upon termination: At such time as this License may be terminated or canceled for any reason whatsoever, LICENSEE, upon request by CITY, shall remove all PERMITTED IMPROVEMENTS and appurtenances owned by it, situated in, under or attached to the CITY utility easement and shall restore such property to substantially the condition of the property prior to LICENSEE' encroachment at LICENSEE sole expense. 11. Termination: This Agreement may be terminated in any of the following ways: a. Written agreement of both parties; b. By CITY upon failure of LICENSEE to perform its obligations as set forth in this Agreement; c. By the City abandoning any interest in the sanitary sewer easement. 12. Notice: When notice is permitted or required by this Agreement, it shall be in writing and shall be deemed delivered when delivered in person or when placed, postage prepaid in the United States mail, certified return receipt requested, and addressed to the parties at the address set forth opposite their signature. Either party may designate from time to time another and different address for receipt of notice by giving notice of such change or address. 13. Attorney's fees: Any signatory to this Agreement, who is the prevailing party in any legal proceeding against any other signatory brought under or with relation to this Agreement shall be entitled to recover court cost and reasonable attorney's fees from the non-prevailing party. 14. Governing law: This Agreement is governed by the laws of the State of Texas; and venue for any action shall be in Dallas County, Texas. 15. Binding effect: This Agreement shall be binding upon and inure to the benefit of the executing parties and their respective heirs, personal representatives, successors, purchasers and assigns of every kind and nature. 16. Entire Agreement: This Agreement embodies the entire agreement between the parties and supersedes all prior agreements, understandings, if any, relating to the property and the matters addressed herein and may be amended or supplemented only by written instrument executed by all parties hereto. 17. Recitals: The recitals to this Agreement are incorporated herein by reference. 18. Legal construction: The provisions of this Agreement are hereby declared covenants running with the property and are fully binding on all successors in interest, heirs, and assigns of LICENSEE who acquired any right, title, or interest in or to the property or any part thereof. Any person who acquires any right, title, or interest in or to the property, or any part hereof, thereby agrees and covenants to abide by and fully perform the provisions of this agreement with respect to the right, title or interest in such property. EXECUTED this day of , 2012. CITY OF COPPELL, TEXAS By: CLAY PHILLIPS, CITY MANAGER ATTEST: By: CHRISTEL PETTINOS, CITY SECRETARY ACCEPTANCE ACKNOWLEDGED BY: LICENSEE: By: RONALD D. HINDS By: JEANNE CRANDALL ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF DALLAS § This instrument was acknowledged before me on the day of 2012,by Ronald D. Hinds. Notary Public, State of Texas My Commission expires: ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF DALLAS § This instrument was acknowledged before me on the day of 2012, by Jeanne Crandall. Notary Public, State of Texas My Commission expires: CITY'S ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me on the day of , 2012, by Clay Phillips, City Manager of the City of Coppell, Texas, a Texas municipality, on behalf of said municipality. Notary Public, State of Texas My Commission expires: l a1A? 2414$ ,- 3 K € a z z c fi ai . e- y $ mo" 6 Sae �l y j\ a g ; 1 ! .! i' ki '1j 3 t tl : p $a a' a i ! e ��e1 .A:82 .a , • fri � 1 % ` a F Q 4 •- • i V t,,•' tE. 8 - 1:i7 .ja 't 1ig� �( z I 9 , 4 tl „ - 5 „ 9. 3 , n� ° ~ _ r 4aga z E a ' a ?.a .:3- « 331 3taau = •a V.2 t3, �, s. Q uW "= z `� N a N;O O• Mrs "'�, 5= u m g.g�o• m <Jm o x l� 1 it 1 am0 i c Wm %4 d z G 1✓ L W .. • II , a 'r• i — 4� w O�a § s � s.y i s a : ` � X + Y 4.���, !I V a( Y ` • ash Yl i K J /,, r + ... r A p- r..' u 1 "ASAP . R .p..___,X r ▪ �' i F ' i.A 5R �" , at - �. 1 t'N s 1G■Z R ; 2 s - l7 1 pI 9., as•O >2> ref s r �' , n *'3 bt } __--__. :2 S• Q e .7' '.£ - $ tr§ X4.4 6 L:.,- J f f•f• 1. 1 2. 7G6 a°5 S it i a 1� .,5 zy ▪ X " !1 i 1 a V t4 2 ''''- fr/rL S; i$�i • s • w f �� s= \, 3�i V !s i,, F '„ i. --�Opp� ■ O v i p R. Y } ;'' ,..\'.` 0.▪V ft k .'C)4 y p 9 „". �• • – i J P - � '3 by w 3• -'''` '�\{ ti., • `'.–_.t l'I\ r t is=1:- ',"'. ,....1.13 CD tii .. >-',„." o" „,▪ -- '\0\- \ i .`*C / o EXHIBIT B SURVEY PLAT THIS IS TO CERTIFY THAT I HAVE,THIS DATE,MADE A CAREFUL AND ACCURATE SURVEY ON THE GROUND OF THE PROPERTY LOCATED AT o65(1013S 1 BOSSING,IN THE CITY OF COPPELL,DALLAS COUNTY,TEXAS.BEING BEING LOT 19.BLO(1:A.GI1313S STATION PI IASIi 1440,AN ADDITION TO THE CITY OF COPPELL,DALLAS COUNTY,TEXAS,ACCORDING TO THE MAP OR PLAT RECORDED IN VOLUME 94001,PAGE 71,PLAT RECORDS,DALLAS COUNTY,TEXAS. FLOOD STAMP:ACCORDING TO THE FLOOD INSURANCE RATE MAP FOR DALLAS COUNTY,TEXAS,MAP NO.48113C0155 K,MAP REVISED SEPTEMBER 28,2010,THE HEREIN DESCRIBED PROPERTY IS LOCATED IN ZONE"X",DESCRIBED BY SAID MAP TO BE,"AREAS DETERMINED TO BE OUTSIDE THE 500-YEAR FLOOD PLAIN. NOTES: I.ALL EASEMENTS SI'OWN ON THIS SURVEY ARE PER TI 1E ABOVE DESCRIBED PLAT,UNLESS OTHERWISE NOTED. 2.COVENANTS,CONDITIONS,OBLIGATIONS,RESTRICTIONS,EASEMENTS,CHARGES AND LIENS AS SET FORTH IN THAT CERTAIN DECLARATION RECORDED IN/UNDER VOLUME 94001,PAGE 71,MAP/PLAT RECORDS;VOLUME 84244,PAGE 5412,VOLUME 84250,PAGE 490,VOLUME 92044,PAGE 8047,VOLUME 2000017,PAGE 2233, VOLUME 2000115,PAGE 2314 AND VOLUME 2004187,PAGE 1607,REAL PROPERTY RECORDS.DALLAS COUNTY,TEXAS,APPLY TO AND AFFECT HEREIN DESCRIBED PROPERTY. 3.EASEMENTS RECORDED IN VOLUME 85233.PAGE 3248 AND VOLUME 85233,PAGE 3291,R.P.R.D.C.T.,DO NOT AFFECT TIIE SUBJECT PROP ERTY. •'Y." tzl O FN o b `�"' GIB c50'RIGHR�SSING S 76°41'11"E Z (CONCRETEPAVINC, 5.39' � w , . 111, /x.F• r R°2 p o 75.00' o"i 112" _ L=87,61, '� 1,0. 2 , ,,,, ' 112" \., 11t.F 1`",..,CIA) R-4519 I R i 2 112" '1i'f?i N. 9 73' 1.RF. i 1CNQ a, _ AGE pkwy. 19.7' b 'n 11 r7'O 16.0' F, 6.6' .-∎ h r t-. n 3.0' 0.0'1 v, TWO STORY BRICK Sc 0.2' r. N ^ 965 GIBBS CROSSING h OS 20.2' _ LOT 19,BLOCK A 7 ,� 2.0' POOL P. LO'C A8 (-V 1,,,,,' Cq- W ._: f N 13.0' u ��,,7S 0 7.4' 3 r_ p�0 22.0' .p 7./r :4-, 49.51.E f� o M HOT SAN SEW "� MANHOLE z TUB cj 0.5'v . - - -_. - 0 0.4' pTT=aa'24"E / 1F �t^�-.at, O 104S3' 0 24, (t SAN SEW 'o_ .. 103 MANHOLE - / 0.0' 0.0' ,r/ ' $9°22'21% EATO13- OCIN , TREES /NE 112" COIN EN 1'11 A # DRESCIPTION l.R� / gY TH 65 8"OAK 1 •/ 68 14"OAK SURVEYOR'S CERTIFICATION: 71 24"OAK LEGEND l THE UNDERSIGNED REGISTERED PROFESSIONAL LAND SURVEYOR(JONATHAN M.QUILL)HEREBY CERTIFIES THIS SURVEY IS MADE IN CONJUNCTION WITH THE INFORMATION PROVIDED BY ALLEGIANCE TITLE IN CONNECTION _, BRICK WITH THE TRANSACTION DESCRIBED IN G.F.NO.1222091-ALCP.THIS SURVEY AND THE PROPERTY DESCRIPTION SET CONCRETE FORTH HEREON IS A TRUE,CORRECT AND ACCURATE REPRESENTATION AND PREPARED FROM AN ACTUAL ®GM GAS METER ON-THE-GROUND SURVEY,AND SUCH SURVEY WAS CONDUCTED BY THE SURVEYOR,OR UNDER HIS DIRECTION. 0 w" WATER METER THE LINES AND DIMENSIONS OF SAID PROPERTY BEING AS INDICATED BY THE RECORDED PLAT;THE SIZE, WOOD FENCE LOCATION,AND TYPES OF BUILDINGS AND VISIBLE IMPROVEMENTS ARE INDICATED AND THAT THE DISTANCE TO THE NEAREST INTERSECTING STREET OR ROAD IS AS SHOWN.THERE ARE NO VISIBLE ENCROACHMENTS, H.N.■ELECTRIC METER I.R.S IRON ROD SET CONFLICTS,OR PROTRUSIONS,EXCEPT AS SHOWN.USE OF THIS SURVEY BY ANY OTHER PARTIES AND/OR FOR . I.RF.■IRON ROD FOUND OTHER PURPOSES SHALL BE AT USER'S OWN RISK AND ANY LOSS RESULTING FROM OTHER USE SHALL NOT BE THE /LER.F.-IFOU ROD FOUND RESPONSIBILITY OF THE UNDERSIGNED.THIS SURVEY IS NOT VALID WITHOUT A SEAL AND SIGNATURE. X.F.-'X'FOUND IN CONCRETE X.S.-'X•SET M CONCRETE BEARINGS ARE BASED ON ACCEPTED BY: DATE: THE HEREIN DESCRIBED PLAT. jps, E DATE: 05/21/2012 SS a ‘,...,:e.,` *;qs`, 5 ? P.O.BOX 550205 e \ SCALE: I"=20' . is-1 DALLAS,TEXAS ANA JOB NO 12-0537 G•1,. PH:214-553-8291 f=, - '; FAX:469-533-1570 JO ATHAN�� � TITLE CO.: ALLEGIANCE TITLE — E-MAIL: '. ISTERE! ?.iC•+: w SURVEYING LLC SURVEY@5882SURVEYING.COM LAID ' EYORI'i„ CHECKED BY: MW-JMQ Copyright©5892 Surveying LLC.All rights resod. HOME INSPECTOR#1137 MEMORANDUM FROM THE DEPARTMENT OF ENGINEERING To: Mayor and City Council From: Kenneth M. Griffin,P.E.,Dir. of Engineering/Public Works VI Date: u-2_ 1-4 2_0 0 I RE: Consider approval of a license agreement between the City of Coppell and David J. and Diana R. Fischer to allow for the continued use of a portion of a sanitary sewer easement located at 1002 Forestwood Lane; and authorizing the Mayor to sign. In 1993 the house at 1002 Forestwood Lane in the Lakewood Estates subdivision was constructed. The information provided to the City for permitting purposes failed to show an existing 30-foot sanitary sewer easement along the west side of the property. As a result of this, the corner of the house was constructed approximately 5 feet within the existing 30-foot utility easement. Subsequent to the construction of the home, a pool was constructed and again the information provided to the City failed to show the existing 30-foot utility easement. As with the construction of the house, a portion of the pool was constructed within the existing 30-foot sanitary sewer easement. In 2000, the owner was in the process of selling the property when a property survey revealed the encroachment of the pool and the house in the existing sanitary sewer easement. Since that time, there have been numerous meetings and discussions with the property owners, perspective owners, homebuilders and attorneys to consider the resolution of this issue. While the home and pool encroach within the existing sanitary sewer easement they are not in conflict with the location of the existing sanitary sewer line. Based upon our investigation, it appears that our sanitary sewer line is approximately 8 to 8 '/2 feet away from the corner of the house. Therefore, the abandonment of a portion of the easement where the corner of the house encroaches would not diminish our ability to access the line if needed. Our main concern with the encroachment and the approval of the license agreement was to ensure that the City would not be responsible for any damage to the house or pool because of our future use of the easement. This is covered in paragraph six. Therefore, staff has no objections to the continued encroachment into the easement by the house and the pool. Staff recommends approval of the license agreement between the City of Coppell and David and Diana Fischer. Staff will be available to answer questions at the Council meeting. "CITY OF COPPELL ENGINEERING-EXCELLENCE BY DESIGN" 3. Non-exclusive:This License is non-exclusive and is subject to any existing utility,drainage or communications facilities located in,on,under or upon the utility easement or property owned by CITY; to any utility or communication company,public or private;to all vested rights presently owned by any utility or communication company,public or private;for the use of the CITY utility easement for facilities presently located within the boundaries of the easement; and to any existing lease, license, or other interest in the easement granted or which may be granted by CITY at any time and to any individual,corporation or other entity, public or private. 4. Environmental Protection:LICENSEES shall not use or permit the use of the property for any purpose that may be in violation of any laws pertaining to the health of the environment, including without limitation,the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"),the Resource Conservation and Recovery Act of 1976("RCRA"),the Texas Water Code and the Texas Solid Waste Disposal Act. Therefore, LICENSEES and each and any of their successors or assigns represent and warrant that the use of the PERMITTED IMPROVEMENTS on the property will not result in the disposal or other release of any hazardous substance or solid waste on or to the property,and that they will take all steps necessary to ensure that no such hazardous substance or solid waste will ever be discharged onto the property or adjoining property by LICENSEES or any of their successors or assigns. The terms"hazardous substance and waste" shall have the meaning specified in CERCLA and the term solid waste and disposal (or dispose) shall have the meaning specified in the RCRA; provided, however, that in the event either CERCLA or RCRA is amended so as to broaden the meaning of any term defined thereby, such broader meaning shall likewise apply herein subsequent to the effective date of such amendment;and provided further, at the extent that the laws of the State of Texas establish a meaning for hazardous substance,release,solid waste,or disposal which is broader than that specified in the CERCLA or RCRA, such broader meaning shall apply herein. LICENSEES and each and any of their successors in interest or assigns shall indemnify and hold CITY harmless against any and all costs and expenses related to environmental clean up to the property and surrounding CITY property resulting from LICENSEES' use of the property under the License granted herein. 5. Mechanic's Liens not Permitted: LICENSEES and any successors in interest or assigns shall fully pay all sums owing for all labor and materials purchased for or used in, on or about the property by such LICENSEES and any successors in interest or assigns,and agree that they will not permit or suffer any mechanic's or material man's liens of any nature to be affixed against the property by reason of any work done or materials furnished to the property at LICENSEES' instance or request. 6. Future City Use: Except as provided in paragraph 10 herein,the License conveyed herein is made expressly subject and subordinate to the right of the CITY to use the portion of the easement outside the physical limits of the house,pool,and pool deck for any public purpose whatsoever. In the event that CITY shall, at any time subsequent to the date of this 257/9070#392274 Licensing Agreement Page 2 Agreement,at its sole discretion, determine that the relocation, maintenance or removal of the existing sanitary sewer line shall be necessary or convenient for CITY's use of property, or for purposes of public health and safety, LICENSEES and any successors in interest or assigns hereby agree CITY shall not be liable for any cost or claims for structural or cosmetic damage to the house, pool, or pool deck, because of CITY's activities within the sanitary sewer easement,or as a result of or related to any utility services provided to LICENSEES. 7. Duration of License: This License shall terminate,be null and void, and be of no further force and effect in the event LICENSEES or their successors in interest or assigns shall discontinue or abandon the use of the PERMITTED IMPROVEMENTS, or in the event LICENSEES or their successors in interest or assigns shall remove the PERMITTED IMPROVEMENTS from the property, or, in the event that the CITY abandons all of the properties depicted as a public easement on Exhibit`B". 8. Compliance with Laws: LICENSEES and their successors in interest or assigns agree to abide by and be governed by all laws,ordinances and regulations of any and all governmental entities having jurisdiction over the LICENSEES and their successors in interest or assigns. 9. Indemnification: LICENSEES and their successors in interest or assigns shall fully and completely defend,protect,indemnify and hold the CITY forever harmless against and from any expense, cost, penalty, damage, or charge, imposed for any violation of any law, ordinance,rule or regulation arising out of the use of the property by the LICENSEES, or their successors in interest or assigns, whether or not occasioned by the neglect of LICENSEES or their employees,officers,agents,representatives,contractors,successors in interest or assigns or any person or entity in privity with same. LICENSEES and their successors in interest or assigns shall at all times fully and completely defend, protect, indemnify and hold the CITY harmless against and from any and all loss, cost, damage, or expense, including attorney's fees, arising out of or from any accident or other occurrence on or about the property causing personal injury, death or property damage resulting from use of property by LICENSEES or by their successors in interest,assigns,agents,employees, customers and invitees, or arising out of or from any and all claims or causes of action resulting from any failure of LICENSEES,their officers,employees,representatives,agents, contractors, successors in interest or assigns in any respect to comply with and perform all the requirements and provisions hereof. 10. Partial Abandonment of Easement: The CITY,by this Agreement and upon the express prior approval of the Coppell City Council,the receipt of which is hereby acknowledged by the parties herein, also hereby affirms that, strictly subject to the CITY'S receipt of a satisfactory indemnity and hold harmless agreement for any damage to the house which is part of the PERMITTED IMPROVEMENTS constructed on the subject property,the CITY will abandon that certain portion of the sanitary sewer easement described herein,and only that portion, which abuts a corner of the house constructed on the subject property, in the boundaries legally described in Exhibit"C"hereto. However,as to said abandoned portion, 257/9070#392274 Licensing Agreement Page 3 SURVEY PLAT THIS IS TO CERTIFY THAT I HAVE,THIS DATE,MADE A CAREFUL AND ACCURATE SURVEY ON THE GROUND OF THE PROPERTY LOCATED AT 965 GIBBS CROSSING,IN THE CITY OF COPPELL,DALLAS COUNTY,TEXAS.BEING BEING LOT 19,BLOCK A,GIBBS STATION PHASE TWO,AN ADDITION TO THE CITY OF COPPELL,DALLAS COUNTY,TEXAS,ACCORDING TO THE MAP OR PLAT RECORDED IN VOLUME 94001,PAGE 71,PLAT RECORDS,DALLAS COUNTY,TEXAS. FLOOD STAMP:ACCORDING TO THE FLOOD INSURANCE RATE MAP FOR DALLAS COUNTY,TEXAS,MAP NO.48113C0155 K,MAP REVISED SEPTEMBER 28,2010,THE HEREIN DESCRIBED PROPERTY IS LOCATED IN ZONE"X",DESCRIBED BY SAID MAP TO BE,"AREAS DETERMINED TO BE OUTSIDE THE 500-YEAR FLOOD PLAIN. NOTES: 1.ALL EASEMENTS SHOWN ON THIS SURVEY ARE PER THE ABOVE DESCRIBED PLAT,UNLESS OTHERWISE NOTED. 2.COVENANTS,CONDITIONS,OBLIGATIONS,RESTRICTIONS.EASEMENTS,CHARGES AND LIENS AS SET FORTH IN THAT CERTAIN DECLARATION RECORDED IN/UNDER VOLUME 94001,PAGE 71,MAP/PLAT RECORDS;VOLUME 84244,PAGE 5412,VOLUME 84250,PAGE 490,VOLUME 92044,PAGE 8047,VOLUME 2000017,PAGE 2233, VOLUME 2000115,PAGE 2344 AND VOLUME 2004187,PAGE 1607,REAL PROPERTY RECORDS,DALLAS COUNTY,TEXAS,APPLY TO AND AFFECT HEREIN DESCRIBED PROPERTY. 3.EASEMENTS RECORDED IN VOLUME 85233,PAGE 3248 AND VOLUME 85233,PAGE 3291,R.P.R.D.C.T.,DO NOT AFFECT THE SUBJECT PROPERTY. 'IC a � GIBBS CRO \wa _� 4 SSING (50'RIGHT-0F-Wq S 76°4111 1° Z ° (CONCRETE PA VG x 5,311 w 914D 112 = 1 _ W UTILITY IRS'° ° • 2 4 9 ESMT. ° °4 e LS, ' 4 ., .. /0r . `,.., \ 4 112E 20'B.L. • • o r .1.0 N \ ,(CA \ y,��493,96•.70 4a ° • • 19.7' ° 1.710 16.0' \ \ \ "•MGE PKwy. •4 ° 4 \ N. 4 3.0' v„ l's. 0.01 TWO STORY BRICK o0 0.2' r . N ° 4 — 965 GIBBS CROSSING y • 4 Zr Oi • .20.2', 1 LOT 19,BLOCK A 4°/ �b _, 2.0' POOL ,,z • LOT 18 Ns EMT. )90 4 `P ° 4..• �tOL.15142.P W 13.0' ) � i w 3 r '� / • a .2 22.0' so T 7j a8'24^E/ 00 9171° i� ° 419.51, D ® A�(, ---.r , - SAN SEW •—∎-i � . a ° 4 4 ss MANHOLE Z 4 N° I Ni? GAS NARY 4s ._ �' / s rn j EXISSE ERL�E ��� 0.5'ir J ss � 9 / 0.4' / s.--- 71 a Q N11p4•24 E 0 65 68 REE �j TREE 33(5' s$ N�13g1MT / as' °. TREE 103.245 2a I VOA a52 / / SMANHO E lea ' / t �jEo 0.0' 1.0� N$9°2221 AgEATO R AS�1A�ON / TREES -112 C�TH�j OMEOWN / / # DRESCIPTION 1.11•S• / 8 / 65 14"OAK '// ______-- 68 • 14"OAK SURVEYOR'S CERTIFICATION: 71 24"OAK LEGEND I THE UNDERSIGNED REGISTERED PROFESSIONAL LAND SURVEYOR(JONATHAN M.QUILL)HEREBY CERTIFIES THIS SURVEY IS MADE IN CONJUNCTION WITH THE INFORMATION PROVIDED BY ALLEGIANCE TITLE IN CONNECTION ® BRICK WITH THE TRANSACTION DESCRIBED IN G.F.NO.1222091-ALCP.THIS SURVEY AND THE PROPERTY DESCRIPTION SET 1 • 'I CONCRETE FORTH HEREON IS A TRUE,CORRECT AND ACCURATE REPRESENTATION AND PREPARED FROM AN ACTUAL GD GM GAS METER ON-THE-GROUND SURVEY,AND SUCH SURVEY WAS CONDUCTED BY THE SURVEYOR,OR UNDER HIS DIRECTION. o OR WATER METER THE LINES AND DIMENSIONS OF SAID PROPERTY BEING AS INDICATED BY THE RECORDED PLAT;THE SIZE, —/— WOOD FENCE LOCATION,AND TYPES OF BUILDINGS AND VISIBLE IMPROVEMENTS ARE INDICATED AND THAT THE DISTANCE TO THE NEAREST INTERSECTING STREET OR ROAD IS AS SHOWN.THERE ARE NO VISIBLE ENCROACHMENTS, C.M.■rRON ELECTRIC SET CONFLICTS,OR PROTRUSIONS,EXCEPT AS SHOWN.USE OF THIS SURVEY BY ANY OTHER PARTIES AND/OR FOR IRS.-R,ON ROD 8ET I.R.F.-IRON ROD FOUND UD OTHER PURPOSES SHALL BE AT USER'S OWN RISK AND ANY LOSS RESULTING FROM OTHER USE SHALL NOT BE THE )LF '-FOUND ROD FOUND RESPONSIBILITY OF THE UNDERSIGNED.THIS SURVEY IS NOT VALID WITHOUT A SEAL AND SIGNATURE. XF.-•X"SET IN OCONCRETE X.S.-'%"SET IN CONCRETE BEARINGS ARE BASED ON ACCEPTED BY: DATE: THE HEREIN DESCRIBED PLAT. � � . PtE.:....jF DATE: 05/21/2012 % 8 5�•6,81Eq`1y�y+ $3 1 P.O.BOX 550205 'P •* �'r SCALE: I"=20' II,.. - ,1- '� "94%.•_.'c DALLAS,TEXAS ,`!NA JOB NO.: 12-0537 --t1. PH:214-553-8291 � ----_ FAX:469-533-1570 `x/ JO ATHAN • 1 - {i TITLE CO.: ALLEGIANCE TITLE E-MAIL: R E ISTERE r • •��' : 4J%. SURVEYING LLC SURVEY @5882SURVEYING.COM LA'R YOR' ' CHECKED BY: M W-JMQ Copyright©5882 Surveying LLC.All rights reserved. HOME INSPECTOR#I137