Loading...
Northlake Wood-CN000725T I~ E~ · C.. I T Y 0 ~' COFFELL AGENDA REk!UEST FORM 4 ~ * ~.----OITV COUNCIL MEET~G: July 25, 2000 ITEM ~ ~[ ITEM CAPTION: Consider approval of a License Agreement between the City of Coppell and George Dixon concerning encroachments into an existing sanitary sewer easement on Lot 20, Block B Northlake Woodlands Section 5 (153 Meadowcreek); and authorizing the City Manager to sign. APPROVED BY CITY COUNCIL DATE SUBMITTED B~. Kenneth M. Griffin, P.E) ~ TITLE: x~ Director of. En~,ine,'ri,~/Public Works STAFF COMMENTS: See attached memo. BUDGET AMT. $ AMT. EST. $ +'x-BID FINANCIAL COMMENTS :QN~' DIR. INITIALS: V--[ FIN. REVIEW:~ CITY MANAGER REVIE Document Name' #07251 Agenda Request Form - Revised 5/'00 ' . MEMORANDUM FROM THE DEPARTMENT OF ENGINEERING To: Mayor and City Council From: Kenneth M. Griffin, P.E., Director of Engineering/Public Works Date: July 25, 2000 RE: Consider approval of a License Agreement between the City of Coppell and George Dixon concerning encroachments into an existing sanitary sexver easement on Lot 20, Block B Northlake woodlands Section 5 (153 Meadowcreek); and authorizing the City Manager to sign. When the home at 153 Meadowcreek was originally constructed, there was an encroachment over an existing sanitary sewer line along the side and rear of the house. In 1989, the City Council approved Resolution No. 032889.1 acknowledging that the house and other improvements xvere built over the utility easements. The City then accepted the abandonment of those portions of the easement in exchange for the dedication of like easements. Resolution No. 032889.1 did not address the encroachment of an existing deck at the rear of the house. Mr. Dixon recently contacted my office stating that he was considering selling the property and that the deck in the sanitary sewer easement could be an issue if a perspective buyer were concerned about the City requiring the removal of the deck from the sanitary sewer easement. The deck was constructed over ten years ago over an existing manhole. A section of the deck was actually constructed in such a way that it can be removed to access the manhole. In early 1990 the City of Coppell constructed the Grapevine Creek sanitary sewer line from Denton Tap to MacArthur that removed most of the flow from the sanitary sewer line behind Mr. Dixon's house. Because of the reduction of flow in the sanitary sewer line behind Mr. Dixon's house, there should be no need for the City of Coppell to access the sewer line for replacement. The only access to the sewer line is for maintenance, televising and cleaning of the line. I have attached a copy of a letter from Mr. Dixon and also a copy of the 1989 Resolution. The license agreement allows the existing deck to remain within the City of Coppell's sanitary sewer easement. The license agreement is a revocable agreement as clarified in paragraph 6 which states that if the City requires the use of this easement at any time in the future it could require the permitted improvements i.e., the existing deck, to be removed at the sole cost of the property owner. Because the deck has existed for more than 10 years, and because the construction of the Grapevine Creek Sanitary Sewer Line removed most of the flow from the sanitary sewer line and because the deck has been constructed in such a way as to allow access to the sewer line, I have no objections to the license agreement between the City of Coppell and George Dixon, the property owner at 153 Meadowcreek. Staff will be available to answer any questions at the Council meeting. "CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN" Development of Urban Communities 'r.-~ Thursday, June 08. 2000 Ken Griffin City Engineer ~5-09-§g?072: 4 9 PC VD City of Coppell Coppell, Texas 75019 Dear Ken, I have included with this letter two copies of surveys of my house. You can see that the sewer line and the easement come right up to the back of my house. There is really no way to create a back porch offthe back of my house without putting something over the easement. I think a deck is better than concrete because you can pull the deck boards pretty easily. I put in a fairly sizeable access door on the deck that you can easily get to the manhole from. When I bought the house there were a couple of easement encroachments. Apparently. the foundation was poured and because it was poured over the easement the builder abandoned the site. A year later one of the local builders got the City to approve finishing the house. The sewer that ran under the house was abandoned in about 1990 and I traded the City some land to take care of the portion of the house that sat on top of the 20' sewer easement. The fact that the deck itself sat on the easement was never brought up. The deck had been there for some time. On the second copy of the survey I outlined where the 10 drainage easement is and where the culvert and the ditch was actually put. I don't know that this is a problem or an issue but I would hate for the issue to come up at the closing table. Please call me anytime with questions. I apologize in advance for the calls I x~.511 bother you with but you can imagine that with the house on the market and the deck being one of the major selling features that this is a big worry for my wife and 1. Thank you in advance for any help you can provide. George D~xon 2811 McKinney Avenue Suite 209 Dallas TX 75204 (214) 855-5366 Fax (214) 855-0620 e-mail: todev~aol.com A I F_ OLUTIO# OP THE CITY OF COPPELL, TEXA ESOL T OS o. / A RESOLUTION OF THE CITY OF COPPELL, TEXAS, INDICATING ITS AGREEMENT TO EXCHANGE CERTAIN UTILITY EASEMENTS OVER PROPERTY KNOWN AS 153 MEADOWCREEK, COPPELL, TEXAS, FOR LIKE EASEMENTS OVER Tile SAME PROPERTY AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it has been found that a house and other improvements have been built over utility easements heretofore granted to the City across the property known as 153 Meadowcreek in the City of Coppell; and WIiEREAS, the property owner has requested that the City accept dedication of a like easement in exchange for the abandonment of the easements which have been encroached upon; and WHEREAS, the City has determined that such exchange should be made in order to assist the owner in clearing title to the property. NOW, THEREFORE, BE IT RESOLVED BY Tile CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: Section 1 That the City Council of the City of Coppell agrees to exchange the encroaching easements, marked in red on the plat attached hereto as Exhibit "A" in exchange for dedication of a like easement over the area marked in yellow on Exhibit "A". Exhibit "A" being attached hereto and made a part hereof for all purposes. That upon proper survey of the easements in question an ordinance will be adopted abandoning the encroaching easements to become effective upon dedication to the City of the new easement above mentioned. ~eetioa ~. This resolution shall become effective upon its passage as the law in such cases provides. DULY ~AF~SE~ by the City Council of the City of Coppell, Texas, on the day of '"~e'~/('~.{.~'- , 1989. / ATTEST: City APPI~OVED AS TO FORM: City Attorney/ - CR89-D324 EXHIBIT "A" STATE OF TEXAS § § LICENSE AGREEMENT COUNTY OF DALLAS § -I -! 3808~_~ 09/20/00 231636£ $19.00 Deed THIS AGREEMENT is made by and between City of Coppell, Texas (hereinafter referred to as "CITY") and George Dixon et ux (hereinafter collectively referred to as "LICENSEE") acting by and through their authorized representatives. WITNESSETH: WHEREAS, LICENSEE own the real property improvements located at 153 Meadowcreek and being more particularly described in Exhibit "A", attached hereto and incorporated herein as set forth in full; and WHEREAS, LICENSEE constructed or caused to be constructed a deck (hereinafter referred to as the "IMPROVEMENTS") within City right-of-way sewer easement as shown on the attached sun:ey 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 IlvlPROVEMENTS; .NOXV 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 a revocable license for the purpose of maintaining and using the deck (the "PERMITTED IMPROVEMENTS") encroaching the CITY sewer easement and being 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 License Agreement - Page 1 02055 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 PERaMITTED 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 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' 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: 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 PERMITTED IMPROVEMENTS 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 PERMITTED IMPROVEMENTS was not to interfere with the CITY's or CITY's assigns use of the property. A minimum of thirty (30) days written notice for the exercise of the 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 of making such required changes. 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 upon termination by CITY whichever event first occurs; or, in the event that the City abandons the property s 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 License Agreement - Page 2 34828 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 attomey'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 fi.om 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 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; d. By the City abandoning any interest in the utility and drainage 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; venue for any action shall be in Dallas County, Texas. 15. Bindine effect: This Agreement shall be binding upon and inure to the benefit of executing parties and their respective heirs, personal representatives, successors and assigns. License Agreement - Page 3 >,..~o' 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 acquire 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 CITY OF CO~2L~~' ACCEPTANCE ACI~.NOWLEDGED BY: LICENSEE: By: i~G.E~t GE(5 IXDN By: License Agreement - Page CITY'S ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF DALLAS § This instrument was acknowledged before me on the y 2000, by Jim Witt, City Manager of the City of Coppell, Texas, a Texas municipality, on behalf of said municipality. J~l~Public, S~e of Texas My Commission Expires: License Agreement - Page 5 83 02099 ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF DALLAS § This instrument was acknowledged before me on the 2000, by George Dixon,. -- ' - My Commission expires: ACI~NOWLEDGMENT STATE OF TEXAS § COUNTY OF DALLAS § This instrument was acknowledged before me on the day of , 2000, by Notary Public, State of Texas My Commission expires: License Agreement - Page 6 3482s 02100 ~¢ribe(I real I~OPe~ because of col~' or ~ace ,~ ,~v~h~ a~ ... ' ~ '-~" ~,~lbla under I~al law. ~ ..... STATE OF T~S COU~ OF DAL~S . ., ~ I ~b~ ce~i~ this instmmnt was filed en t~ date ann -.~., t ~a~d ~r~fl by me and was du~ recor~ I~ lhe votume . (- :--- . . .-- . r-.,x ~COU~ ~R~ Dallas ~n~, l~ 255 Pafl~way Blvd Coppell, TX 75019 Phone: (972)304-3679 Fax: (972)304-3570 ENGINEERING DEPARTMENT FAX CO VER SHEET Fax: Date, -~/:~/o O Phone: Pages: ~ ~ (including coversheet) Re: CC: [] Urgent •For Review I-] Please Comment [] Please Reply [] As Requested .Comments: IF YOU DO NOT RECEIVE ALL OF THE PAGES PLEASE CALL (972) 304-3679 "City of Coppell Engineering- Excellence By Design" EXHIBIT "C" EXHIBIT "B" '~ X X '- '~'~'.'~ ~'~ ~' ~- ~--- ,~::..:;...-~ .... .....' o~ ~[,...,. .... - - ~ " ~ / !' , ..... :"1.. - ..... ~, ~ x ~ , ..- '"~ ~'"' ~ ~ '--.. ~ 1 I ~ ~ ~i",~ ; ....... f'" ~.~'.z~'.',',~ ~ ~, ,,.~',?/ -,,. ~._.-- - ............., ......... ~::..: ,/ ~ -~ ........ : e--.L, ~' ~, ,-.. ...... . ./' / ............ '-.- -~' ' ..,,......, ....... .,.._, ..... ,, ,~ .... ,,...,,. ~,, / - -.~," ...~:~..