Northlake Wood-ES000725 '1' I1 '!~ · C I T Y 0 F
COPPELL AGENDA REQUEST FORM
CITY COUNCIL MEETING: July 25, 2000 ITEM # g
· '$ 6 - ~'
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
BIe~'_[.~KennethM.
SUBMITTED
TITLE: Director of En~,ino,'_i.g/Public Works
STAFF COMMENTS:
See attached memo.
BUDGET AMT. $ AMT. EST. $ +q-BID
FINANCIAL COMMENTS:~'
DIR. INITIALS: ~Z-'I FIN. REVIEW:~ CITY MANAGER REVIE~~
Form-Revised 5/00 Document Name: #07251
Agenda Request . -- .
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 sewer
easement on Lot 20, Block B Northlake woodlands Section 5 (153
Meadowcreek); and authorizing the City Manager to sign.
When the home at 153 Mcadowcreek 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 were built over thc utility easements. The City then accepted the abandonment of
those portions of thc 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 sexver 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.
Thc 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 thc permitted improvements i.e., the existing deck, to be removed at the sole cost of the
property owner. Because thc deck has existed for more than 10 years, and because the
construction of the Grapevine Creek Sanitary Sexver 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 thc 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"
GRRNADr R
Development of Urban Communities
Thursday, June 08.2000
Ken Griffin
City Engineer {.'- 5- 0 9- ¢ O ? 0 Z: 4 9 R
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 off the 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 will bother
you with but you can imagine that vdth the house on the market and the deck being one
of the major selling features that this is a big worw for my wife and I.
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 ESOLUTION OF TIlE CITY OF COPPELL. TEXAS
RESO'.Um O. NO. /
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 THE 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
WHEREAS, 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 THE CITY COUNCIL OF THE CITY
OP 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.
Section ~.
This resolution shall become effective upon its passage as the law in such cases
provides.
DULLY ~ASSE~ by the City Council of the City of Coppell, Texas, on the ~
day of '-~/~j/(~al~. , 1989.
/
ATTEST:
City Seeretal
A. PPI~OVED AS TO FORM:
City Attorney/ -
CR89-0324
I
EXHIBIT "A"
STATE OF TEXAS §
§ LICENSE AGREEMENT
COUNTY OF DALLAS § :1. :1.
09/20/00 2316366 $19. O0
Deed
THIS AGREEi~IENT 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 shox~m 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 a revocable license for the purpose of
maintaining and using the deck (the "PE1LMITTED 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 I 3a~28
09u35,..
liability act of 1980 ("CERCLA"), the resource conservation and recovery act of 1976
("RCtL4."), the Texas Water Code and the Texas Solid Waste Disposal Act. LICENSEE warrant
that the PERtMITTED 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 PEPaMITTED
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
zE:j 02055
of any law', ordinance, rule or regulation ar/sing 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, 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. Binding 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 ~.'z-.,_.~
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. Leeal 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 ~--9~day of ~, - J?~_ , 2000.
CITY OF COPPE~
By: ~, "
JIM CITY M.~dNAGER
ATTEST:
LIBBY I~/LL, CITY SECRETARY
ACCEPTANCE ACKNOWLEDGED BY:
£
LICENSEE:
GEORG:~DIXON
By:
License Agreement - Page 4 .~.~a:;.s
CITY'S ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on the _~_~__-~'~[ay of/~4.,~..
2000, by .lim Wit't, City Manager of the City of Coppell, Texas, a Texas municipality, on behalf of
said municipality.
otary Public, S~e of Texas
My Commission Expires:
64
License Agreement - Page 5 :~-:.'.~
~[]103 02099
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on the
2000, by George Dixon..
', -';"~'?'~" PAULA J. CROC~,~.R ,
~, ""~;~2~:" o~t~, ~,20o~ __ : Notary Public, StattofTexas
My Commission expires:
ACICNOWLEDGMENT
STATE OF TE3LAS §
COUNTY OF DALLAS §
This instrument ,.,.,as acknowledged before me on the day of .
2000. by
Notary Public, State of Texas
My Commission expires:
License Agreement - Page 6 34s28
02100
described real pmper~ becau~ of color or race i~ invahd aRd
~nl~ceable under federal I~w.
STATE OF TE~S COU~ OF DAL~
I ~mby ce~i~ th~s instmme~ was f~led ~ the date a.~ l;me
~am~d ~r~fl b~ me and was d~ly record~ in the vnlume ~nd
page et the na~ ~ds ol Daiias C~n~, T~as as stam~
255 Parkway Blvd
C~pell, TX 75019
Phone: (972)304-3679
Fax: (972)304-3570
ENGINEERING DEPARTMENT
FAX CO VER SHEET
Fax: Date:
Phone: Pages:
Re: CC:
[] Urgent []For Review [] Please Comment [] Please Reply [] As Requested
.Comments:
~""5 ~'/- "~ '""-..~ ~' ~'h" °'-'""--' L-~. ~,..~.-/- ,,. o. _O.,o.
IF YOU DO NOT RECEIVE AI.Z OF THE PAGES PLEASE CALL (972) 304-3679
"City of Coppell Engineering- Excellence By Design"
EXHIBIT "C"
EXI-tlBI? "B"
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