North Texas Mail-AG 991109 = AGENDA RL. UEST FO
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DThe City With A Beautiful Future
D CITY COUNCIL MEETING: November 9, 1999 ITEM # 8
ITEM CAPTION:
Consider approval of a Right-of-way Use Agreement with the United States Postal Service North Texas
Processing and Distribution Center to allow construction of a mail drop-off lane and relocation of the drop
boxes in the City right-of-way; and authorizing the Mayor to sign. APP
CITY
6Y
_.� pq�- COUNCIL
---_: E
SUBMITTED : Kent Collins, P.E.
TITLE Civil Engineer
STAFF COMMENTS: -----
The Engineering Department has been contacted by the United States Postal Service North Texas Processing
and Distribution Center (USPS North Texas P&DC) located on Royal Lane, regarding relocation of mail
drop boxes from the Royal Lane center median to the east right-of-way and construction of a drop-of lane to
accommodate the traffic. The USPS has agreed to construct a short deceleration lane to serve the drop-off
lane and minimize the impact on the Royal Lane traffic. The USPS North Texas P&DC was informed that a
right-of-way use agreement must be approved by Council prior to construction of improvements in the right-
of-way. Staff is currently working with USPS representatives on the design of the drop-off lane and the
placement of the drop boxes.
Staff recommends the approval of the Right-of-way Use Agreement and will be available to answer any
questions at the meeting.
BUDGET AMT. $ AMT. EST. $ +\-BID $
FINANCIAL COMMENTS:4
DIR. INITIALS: Ili FIN. REVIEW: CITY MANAGER REVIEW:
Agenda Request Form-Revised 2/99 Document Name: #11091
6/441 644d1 6 '1/ • 0;1-4'0 /2d-A ___--
North Texas Processing&Distribute. anter
Maintenance Department
UNITEDS121TES
POSTiLSBM E
October 19, 1999
Mr. Kent Collins
City Engineer
City of Coppell
255 Parkway Boulevard
Coppell, TX
RE: USPS North Texas P&DC — Royal Lane Drop Lane
Dear Mr. Collins,
In a previous conversation with our Architect and Maintenance Manager,
you asked that a letter be submitted to the City of Coppell requesting that
U. S. Postal Service mail drop boxes be placed within the Royal Lane
right of way.
The drop boxes are presently located in the center island of the right of
way. A new project is proposed to relocate the drop boxes to the east
side of Royal Lane, adjacent to the U.S. Postal Service property line. The
exact location will be shown on civil engineer's drawing being prepared
for your review and comment. Therefore, this a formal request to relocate
the drop boxes.
Sincerely,
& ;—
Ted Barrow
Manager, Maintenance Operations
North Texas P&DC
951 WEST BETHEL ROAD
COPPELL,TX 75099-8600
(972)393-6400
FAX: (972)393-6412
.4\
Proposed Drop Box Relocation
USPS North Texas Processing & Distribution Center
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^ 1 Exhibit prepared by Engineering Department
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U(S.Postal Service Dept.. Office or ❑ Approval
From the desk of... r"' ROUTING SLIP Room No. ❑ Signature
Ken Griffin,P.E. To: / ❑Comment
❑ See Me
Director of Engineering& t G- / ,."1' /el T Ze..,.!
❑As Requested
Public Works "Gi 'em A es ❑Information
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❑ Read end File
Date: ' "2 a Initiated by: ' - 3 ❑ Necessary Action
❑investigate
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ARCHITECT
'� DALLAS DISTRICT •
UNITED STATES
POSTAL SERVICE —
951 W. THE E
ja,
COPPELL, TX 75099-9106
City Of Coppell 972-393-6625 FAX: 972-393-6198
P.O. Box 478
Coppell, Texas 75019
(972)304-3679/(Metro 972-471-2251) —
ITEM 0-13, Aug. 1978 r
(Additional Remarks on Reverse) GPO : 1993 0 — 349-591
STATE OF TEXAS §
§ RIGHT-OF-WAY USE AGREEMENT
COUNTY OF DALLAS §
THIS AGREEMENT is made by and between City of Coppell, Texas (hereinafter
referred to as "CITY") and the United States Postal Service Processing and Distribution Center
(hereinafter referred to as "LICENSEE") acting by and through their authorized representatives.
WITNESSETH:
WHEREAS, LICENSEE owns approximately 74.741 acres located on Royal Lane, in
the City of Coppell, Dallas County, Texas and being more particularly described in Exhibit "A"
attached hereto and incorporated herein for all purposes; and
WHEREAS, LICENSEE desires to relocate the DROP BOXES, with the consent of the
City, within City right-of-way adjacent to Royal Lane 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
right-of-way for LICENSEE's relocation of the United States Postal Service Depositor
Receptacle (hereinafter referred to as "DROP BOXES"); and
WHEREAS, the CITY does not have an immediate need for the use of the right-of-way
in which LICENSEE's DROP BOXES are located as provided herein;
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 use of the CITY right-of-way adjacent to
Royal Lane and being more particularly shown on the map marked Exhibit `B" attached hereto
and incorporated herein for all purposes.
2. Term: The term of this Agreement shall be perpetual, subject, however, to termination
by the CITY as provided herein.
3. Non-exclusive: This Agreement is nonexclusive and is subject to any existing utility,
drainage or communications facility located in, on, under or upon the right-of-way or property
owned by CITY, any utility or communication company, public or private, to all vested rights
presently owned any utility or communication company, public or private for the use of the
CITY right-of-way for facilities presently located within the boundaries of the right-of-way.
Right-of-way Use Agreement- Page 1 29494
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
warrants 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 lease"
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 then 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's 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's instance or request.
6. Future City use: This License is made expressly subject and subordinate to the right of
CITY to use the property for any public purpose whatsoever. In the event that CITY shall, at any
time subsequent to the date of this Agreement, at its sole discretion, determine that the relocation
or removal of the DROP BOXES shall be necessary or convenient for CITY's use of the
property, LICENSEE shall at the sole cost and expense make or cause to be made such ,/
modifications or relocate said DROP BOXES wa.)of to interfere with the CITY's or CITY's I/.v�1
assigns use of the property. A minimum of thirty ''s' days written notice for the exercise of the V,. . ,
above action shall be given by CITY and LICENSEE shall promptly commence to make the
required changes and complete them as quickly as possible or reimburse CITY for the cost o Y
making such required changes.
7. Duration of Agreement: This Agreement shall terminate and be of no further force and
effect in the event LICENSEE shall discontinue or abandon the use of the DROP BOXES or in
the event LICENSEE shall remove the DROP BOXES from the property or upon termination by
CITY whichever event first occurs.
8. Compliance with laws: LICENSEE agrees to abide by and be governed by all laws,
ordinances and regulations of any and all governmental entities having jurisdiction over the
LICENSEE.
Right-of-way Use Agreement- Page 2 29494
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 fee, 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, except when caused by the willful misconduct or negligence of CITY, its
officers, employees or agents, and only then to the extent of the proportion of any fault
determined against CITY for its willful misconduct or negligence. 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, its 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 Agreement may be terminated or
canceled for any reason whatsoever, LICENSEE, upon request by CITY, shall remove all DROP
BOXES and appurtenances owned by it, situated in, under or attached to the CITY right-of-way
and shall restore such property to substantially the condition of the property prior to
LICENSEE's encroachment at LICENSEE's sole expense.
11. Termination: This Agreement may be terminated in any of the following ways:
a. Written agreement of both parties;
b. By CITY giving LICENSEE thirty (30) days prior written notice;
c. By CITY upon failure of LICENSEE to perform its obligations as set forth in this
Agreement;
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-
Right-of-way Use Agreement- Page 3 29494
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 and assigns.
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 the party against whom enforcement is sought.
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, heirs, and assigns of
LICENSEE who acquires 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.
IN WITNESS, THEREOF, the parties
EXECUTED this day of , 1999.
CITY OF I PPELL
By: .. /... 4110A-
CA tt Y SHE HAN, MAYOR
ATTEST:
By.
/gait
LIBBY BALL, CTING CITY SECRETARY
UNITED STATES POSTAL SERVICE
/4-4 ck utE1- s 7 'F F - 04 L-1-44 ry
By:
O t/1.000
Its: /lt a c✓4&d-el A r
Right-of-way Use Agreement- Page 4 29494
LICENSEE'S ACKNOWLEDGMENT
STATE OF TEXAS §
§
COUNTY OF DALLAS §
BEFORE ME, the undersigned authority a Notary Public in and for the State of Texas, on
this day personally appeared ta rry L.Andrews, known to me to be the person and officer
whose name is subscribed to the foregoing instrument and acknowledged to me that the same was
the act of the said, and that he executed the same as the act of said for the purpose and consideration
therein expressed and in the capacity therein.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the o0 day of
_1(5 ____,k999. 2oco
i1-C.-r)C C. 4._2r-€4.±-
otary Public, State of Texas
My Commission Expires:
Q�� 3/70O�—.
Ili.:'lY'�y ._ JANINE C.HART:w; MY COMMISSION EXPIRES
°i:.i, ?E`: February 13,2002
Right-of-way Use Agreement- Page 5 29494
CITY ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF DALLAS §
BEFORE ME, the undersigned authority a Notary Public in and for the State of Texas, on
this day personally appeared Candy Sheehan being the Mayor of the City of Coppell, Texas, known
to me to be the person and officer whose name is subscribed to the foregoing instrument and
acknowledged to me that the same was the act of the said City of Coppell, Texas, and that she
executed the same as the act of said City of Coppell, Texas for the purpose and consideration
therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the I, day of
, 1999.
64141,41. &a.1.4
Notary iiblic, State of Texas
My Commission Expires: .��,�•1111•1a�,��
, BY B ',.•
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Right-of-way Use Agreement- Page 6 29494
LEGAL DESCRIPTION
(Vol. 88158, Page 3635)
WHEREAS, the United States Postal Service is the owner of a 74.741 acre tract of land
situated in the S.A. & M.G. Railroad Company Survey, Abstract No. 1439, City of Coppell, Dallas
County, Texas, comprised of all of that 74.741 acre tract described in warranty deed to the United
States Postal Service, recorded in Volume 87108, Page 3399, Deed Records of Dallas County, Texas
(DRDCT), and being more particularly described as follows:
BEGINNING at the Dallas-Fort Worth Regional Airport Monument No. 27, a brass cap in
concrete found at the southwest corner of said 52.797 acre tract and the intersection of the northerly
line of the St. Louis & Southwestern Railroad Company right-of-way (100 feet wide) recorded in
Volume 95, Page 531, Deed Records of Dallas County, Texas with the east right-of-way line of the
proposed extension of Royal Lane (proposed 110 feet wide);
THENCE along said proposed east right-of-way line of Royal Lane North 00°17'00" East a
distance of 2,154.87 feet to the Dallas-Fort Worth Regional Airport Monument No. 28, a brass cap in
concrete found in the south right-of-way line of Bethel Road also known as Bethel School Road, said
monument being the northwest corner of said 21.8629 acre tract:
THENCE along said south right-of-way line of Bethel Road South 89°38'11" East a distance of
1,425.22 feet to a 1/2 inch iron rod found at an angle point in said south line, said rod being the
northeast corner of said 21.8629 acre tract;
THENCE continuing along said south right-of-way line of Bethel Road South 83°04'05" East a
distance of 123.09 feet to a 1/2 inch iron rod found at the northeast corner of said 52.797 acre tract, said
rod also being in the west line of a 17.471 acre tract described in warranty deed to Minyard Properties,
Inc. recorded in Volume 84146, Page 2788, (DRDCT);
THENCE, departing the south line of Bethel Road and along the west line of said 17.471 acre
tract South 00°15'12" West a distance of 1,200.00 feet to a ' inch iron rod found for an angle point in
the common line between said 17.471 acre tract and said 52.797 acre tract;
THENCE, along said common line, South 89°44'48" East a distance of 14.00 feet to a ' inch
iron rod found for an angle point;
THENCE, along said common line, South 00°22'21" West a distance of 823.54 feet to a 5/8
inch iron rod set in the northerly line of said St. Louis and Southwestern Railroad Company right-of-
way, said rod being the common south corner between said 17.471 acre tract and said 52.797 acre
tract;
THENCE, along the northerly line of said railroad right-of-way, South 86°03'59" West a
distance of 1,565.07 feet to the POINT OF BEGINNING;
CONTAINING within these metes and bounds 74.741 acres of 3,255,703 square feet of land,
more or less
EXIBIT A
DATE: 11-1-99
JOB NO. 61906_38NT
SHEET 2
LEGAL DESCRIPTION
BEING A TRACT OF LAND SITUATED IN THE S.A.& M.G. RAILROAD
COMPANY SURVEY, ABSTRACT NO. 1439, DALLAS COUNTY, TEXAS,
AND ADJOINING THE WEST LINE OF THE UNITED STATES POST
OFFICE NORTH TEXAS MAIL PROCESSING CENTER ADDITION, AN
ADDITION TO THE CITY OF COPPELL, DALLAS COUNTY, TEXAS,
ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 88158,
PAGE 3635, MAP RECORDS, DALLAS COUNTY, TEXAS, AND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT FOR CORNER IN THE EAST RIGHT-OF-WAY
LINE OF ROYAL LANE (110' R.O.W.) FROM WHICH A 1/2" IRON
ROD FOUND FOR CORNER AT THE SOUTHWEST CORNER OF SAID
ADDITION BEARS SOUTH 00' 17'00" WEST, A DISTANCE OF
561.85 FEET;
THENCE NORTH 89' 25' 51" WEST, A DISTANCE OF 13.95 FEET
TO A POINT FOR CORNER;
THENCE NORTH 00' 18' 30" EAST, ALONG THE EXISTING FACE
OF CURB ON THE EAST SIDE OF ROYAL LANE A DISTANCE OF
325.00 FEET TO A POINT FOR CORNER;
THENCE SOUTH 89' 25' 51" EAST, A DISTANCE OF 13.81 FEET
TO A POINT FOR CORNER IN THE EAST RIGHT-OF-WAY LINE OF
SAID ROYAL LANE FROM WHICH A PK NAIL FOUND FOR CORNER AT
THE NORTHWEST CORNER OF SAID ADDITION BEARS NORTH 00'
17' 00" EAST, A DISTANCE OF 1267.95 FEET;
THENCE SOUTH 00' 17' 00" WEST, ALONG THE WEST LINE OF
SAID ADDITION AND THE EAST RIGHT-OF-WAY LINE OF SAID ROYAL
LANE A DISTANCE OF 325.00 FEET TO THE PLACE OF BEGINNING
AND CONTAINING 4509.9 SQUARE FEET OF LAND.
U.S.P.O. ROYAL LANE
PREPARED BY:
ANALYTICAL SURVEYS INC.
ROBERT C. MYERS RPLS NO.3993
P0. BOX 2797
GARLAND TX. 75047
PH. (972) 272-6287
FAX (972) 272-8407
E-MAIL- CMEYERSOAIRMAILNET
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