Northlake WE P1-6-AG010814COFFELL AGENDA REQUEST FORM
~' ~'~'~'~-~ ~ ' CITY COUNCIL MEETING: August 14,2001 ITEM # #/t~
ITEM CAPTION:
Consider approval of a License Agreement between the City of Coppell and Kevin and Donna Brown
concerning encroachments into an existing alley right-of-way adjacent to Lot 2, Block 1 Northlake Woodland
East Phase III (607 Meadowview); and authorizing the City Manager w sign.
APPROVED
BY
CITY %?UNClL
-' ......... .--, DATE 14- 1 .
TITLe. Dir. of Engineering/Public Works)
STAFF COI~IENTS: ~
The City of ~ell was recentty rnao~ aw, ue of an encroachment into an existing five-foot utility easement
on the rear of 607 Meadowview Lane. The existing swimming pool encroaches approximately one foot into
the existing five foot easement and the surrounding deck encroaches approximately two and one-half feet into
the existing easement. The City of Coppell has no utilities either existing or planned in this easement.
The encroachment was brought to the homeowners' attention during a re-survey to refinance their property.
The approval of the license agreement would allow the existing portion of the pool and deck to remain within
the easement. The license agreement is a revocable agreement as clarified in paragraph six, which states that
if the City requires the use of the easement at any time in the future it could require the permitted
improvements i.e., the portion of pool and deck to be removed at the sole cost of the property owner. In
paragraph three of the license agreement, it is very dear that this license agreement is non-exclusive and that
any utility companies that either have facilities within the right-of-way or choose to use the right-of-way in the
future may still do so.
Because the City has no utilities in this area and because the license agreement does not preclude the other
utility companies from utilizing the area, I have no objections to the license agreement between the City of
Coppell and Kevin and Donna Brown, the property owners at 607 Meadowview.
Staff will be available to answer any questions at the Council meeting.
BUDGET AMT. $ .\~ AMT. EST. $ +X-BID $
FINANCIAL C0/vIM]ENTS:
Agenda Request Form - Revised $/00 Document Name: #eng2
STATE OF TEXAS §
§ LICENSE AGREEMENT :1. 5 8 6:. O 70
COUNTY OF DALLAS § Deed 11/01/01 2920003 $23.00
THIS AGREEMENT ("Agreement") is made by and between City of Coppcll, Texas
("City"), acting by and through its authorized representatives, and Kcvin C. Brown and Donna
Lee Brown, husband and wife (collectively, "Licensee") acting in their respective individual
capacities.
WITNESSETH
WHEREAS, Licensee owns the real property with improvements situated thereon located
at 607 Meadowview Lane, Coppell, Dallas County, Texas, and being more particularly described
in Exhibit "A", attached hereto and incorporated herein as if set forth in full (the "Property");
and
WHEREAS, Licensee constructed or caused to be constructed on the Property a
swimming pool with spa improvement project (the "Improvements"), a small portion of which is
located within the City's recorded utility easement (the "Utility Easement"), which is situated on
the Property, as shown on the attached survey performed by Precise Land Surveying, Inc., dated
10-19-00, marked Exhibit "B", and incorporated herein for all purposes (the "Survey"); and all
references herein to the Utility Easement will refer to that portion of the Utility Easement that is
situated only on the Property; and
WHEREAS, Licensee has requested the City allow the use and occupancy of the Utility
Easement for that portion of the Improvements that lie within the Utility Easement;
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. Puroose: The City hereby grants Licensee a revocable license for the purpose of
maintaining and using that portion of the Improvements that encroach upon the Utility Easement
(the "Permitted Improvements"), and being more particularly depicted on the Survey.
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 the following: a) to any
existing utility, drainage or communications facilities located in, on, under or upon the Utility
Easement or property owned by the City, any utility or communication company, public or
private; b) to all vested rights presently owned by any utility or communication company, public
or private, for the use of the Utility Easement for facilities presently located ,~Athin the
boundaries of the Utility Easement; and c) to any existing lease, license, or other interest in the
Utility, Easement granted by the City to any individual, corporation or other entity, public or
private.
LICENSE AGREEMENT Page 1
I N 0 6 9 4 6
4. Environmental Protection: Licensee shall not use or permit the use of the Utility
Easement for any purpose that may be in violation of any laws pertaining to the health of thc
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 Sold Waste Disposal Act. Licensee
warrants that the use of the Utility Easement will not result in the disposal or other release of any
hazardous substance or solid waste on or to the Utility Easement, and that is will take all steps
necessary to ensure that no such hazardous substance or solid waste will ever be discharged onto
thc Utility Easement or adjoining property by Licensee. The terms "hazardous substance waste"
shall have thc 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 the City
harmless against all costs, environmental clean up of the Utility Easement and surrounding City
property resulting from Licensee's usc of the Utility Easement under this License in violation of
this Agreement, as proven in a court of competent jurisdiction.
5. Mechanic's liens not oermitted: Licensee shall fully pay all labor and materials used in,
on or about the Utility Easement, and will not permit or suffer any mechanic's or material man's
liens of any nature to be affixed against thc Utility Easement by reason of any work done or
materials furnished to the Utility Easement at Licensee's instance or request.
6. Future City use: This License is made expressly subject and subordinate to the right of
the City to use the Utility Easement for any public purpose whatsoever. In the event that the
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 Utility Easement, Licensee shall at its sole cost and expense make or cause
to be made such modifications or relocate the Permitted Improvements so as not to interfere with
the City's or City's assigns' use of the Utility Easement. A minimum of thirty (30) days written
notice for the exercise of the above action shall be given by the City to Licensee, and Licensee
shall promptly commence to make the required changes and complete them as quickly as
possible, or reimburse the City for the reasonable 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 Utility Easement, or upon
termination by the City in accordance with this Agreement, whichever event first occurs; or, in
the event that the City abandons the Utility Easement depicted as a public easement on Exhibit
B, then this Agreement shall be of no further effect.
8. Comolianee 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
Licensee.
LICENSE AGREEMENT Page 2
I 0 6 9 7
9. Indemnification: Licensee shall defend, protect and keep the City forever harmless and
indemnified against fi.om 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 Utility Easement by Licensee,
whether occasioned by the neglect of Licensee, agents, contractors or assigns, or those invitees
of Licensee. Licensee shall at all times defend, protect and indemnify, and it is the intention of
the parties hereto that Licensee hold the 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 the use of the Utility Easement by Licensee, its agents and invitees, except when caused by
the willful misconduct or negligence of the City, its officers, employees or agents, and only then
to the extent or the proportion of any default or conduct determined against the City for its
willful misconduct or negligence. Licensee shall at all times 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 fi.om any and all claims or causes of action resulting from any
failure of Licensee, its agents, contractors, or assigns, in any respect to comply with and perform
all the requirements and provisions hereof.
10. Action uvon termination: At such time as this License may be terminated or canceled
for any reason whatsoever, Licensee, upon request by the City, shall remove all Permitted
Improvements and appurtenances owned by it, situated in, under or attached to the Utility
Easement, and shall restore such Utility Easement to substantially the condition of the Utility
Easement 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 the City giving Licensee thirty (30) days prior written notice;
c. By the City upon failure of Licensee to perform its obligations as set forth in this
Agreement, after thirty (30) days prior written notice to Licensee and opportunity
to cure;
d. By the City abandoning any interest in the Utility Easement.
12. Notice: When notice is permitted or required by this Agreement, it shall be in writing and
shall be deemed delivered in person or when placed, postage prepaid in the United State mail,
certified return receipt requested, and addressed to the parties at the address set forth opposite
their signature. Either party may designate fi.om time to time another and different address for
receipt of notice by giving notice of such change of address to the other party.
13. Attorney's Fees: Any party to this Agreement, who is the prevailing party in any legal
proceeding against any other party 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. Governine 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.
LICENSE AGREEMENT Page 3
16. Entire A-reement: This Agreement embodies the entire agreement between the parties
and supersedes all prior agreements, understandings, if any, relating to the Utility Easement 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. Le-al 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 said
right, title or interest in the Property.
19. Successor Owner Obli.ations: Notwithstanding the above, if and when Licensee
assigns all of its right, title or interest in the Property to a successor owner ("Successor Owner"),
Licensee will only have obligations hereunder to the City relating only to the period of time
during which Licensee held fee simple title to the Property, according to the Dallas County real
property records. Similarly, each Successor Owner of the Property will only be responsible for
its obligations hereunder to the City relating only to the period of time during which the
Successor Owner held fee simple title to the Property, according to the Dallas County real
property records.
EXECUTED this ~~ day of(~/~ ~,,
2001.
CITY
LIBBY BA~L, CITY SECRETARY
LICENSEE By: ~~
Kevin C. Brown
Donna Lee Brow6
LICENSE AGREEMENT Page 4
zm2 I 0 6 9 9
ACKNOWLEDGMENTS
STATE OF TEXAS §
COUNTY OF DALLAS §
was acknowledged before me on the'~2-~day of ~~ ~. ,
This
instrument
2001, by Jim Witt, City Manager of the City of Coppell, Texas, a Texas municipklitty, on behalf
of said municipality.
,o~.~.~,,,,. Notary Public~tate of Texas
[S~:A~.~- -- ,,x~.~::._.:~
.: ..;~ . t,'.._ t
LICENSE AGREEMENT Page 5
~m2 i ~ 0 6 9 $ 0
ACKNOWLEDGMENTS
STATE OF TEXAS §
COUNTY OF DALLAS §
This instnm~ent was acknowledged before me on the ! ~ day of ,~2~_/-~Da~
2001, by Kevin C. Brown.
MY COMMISSION EXPIRES !' Notary Public, State of Texas
s~-.~.~'.~ JULY 23. 2005
STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on the ! D day of ~
)
2001, by Donna Lee Brown.
, (~ ANTOINETTE EvAns - '", Notary Public, State of Texas -
' ~';;?~"~' MY COMMISSION EXPIRES
[SEAL] '~:~"?'/- JULY 23. 2005
AFTER RECORDING, PLEASE RETURN TO:
Robert J. Stack
Law Office of Robert J. Stack
275 W. Campbell Road, Suite 201
Richardson, TX 75080-3560
LICENSE AGREEMENT Page 6
I 0 fi 951
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
BEING LOT 2, in BLOCK 1, of NORTHLAKE WOODLANDS EAST PHASE 3, an
Addition to the City of Coppell, Dallas County, Texas, according to the Map thereof recorded in
Volume 83205, Page 3713 of the Map records of Dallas County, Texas; when taken with
Certificate of Correction by Don A. Tipton, RPE, dated November 11, 1983, filed for record on
November 16, 1983, recorded in Volume 83226, Page 1000 of the Deed Records of Dallas
County, Texas.
EXHIBIT A, LEGAL DESCRIPTION OF PROPERTY Solo Page
~oD~2 i 'q, 0 6 9 5 2
EXHIBIT B
SURVEY OF PROPERTY
~: ~ ~E 5TORT BRIC~
~ ~ '~ b07 HEA~VIE~ LANE
MEADO VIE LANE
THI~ ~RVET I~ ~ AFFECTED BY THE F~L~ING,
(10-13)- ~5EMENTS A5 ~TED IN TITLE C~MITMENT.
~ E~EN~ INTO S' UTILITY EASEMENT AS ~N.
B~RI<5 ARE ~SEO ffi PLAT,
THIS ~RV~ 15 VALID ~LY ~ITM ~IGINAL ~IGNATURE IN B~CK INK. ~g ~N ~egv
~lS ~ ~ Cg~ff ~lt on this dite I lu~e7 wee made on the I~und, under my dl~eUon ind lU~lion of
the p~fly 1~st~ it S~ M~ ~E. and Being ~t 2. ~ock I of NO~ W~D~ ~ ~g 3.
an Addition to ~e City or COPPE~ D~ Courtly, Tiler. t~o~lnl Lo the Plat ~ereor ~rdtd In Volume 8~.
Pole ~13, Hap ~o~s. D~ County, Tex~.
~ere are no visible eonrlJe~ or prot~sions, except as sho~.
~e subject p~y does not lie within the limits or m lO0-year flood hazsFd zone aceordlM ~ the
Ho. 480170 ~10 E, dlted ~RIL 15, 1004. The statement that the pro~ d~s or does not lie ~thln
company, and title company only and this sudsy fo made pumuaflt to that one certain flue ~mmltment
under ~e GF numar ah~n ho~on, p~d~ by ~e ~e eom~ny named hewn.
~.y prO~l$;O~ tt~t'ein w.~ic~ restricts [he sale, rental, ~' UX ~ ~
· '.-~ unenferc~ablt U~O~r federal law.
- - STATE OF TE~S COUN~ OF DA~
~ ~ere~ ce~l~ thl~ ifl~ttument was filed ~n the date end time
sl~p~d heree~ Dy mi ~nd was duly recorde~ in the volume
:. ~,.,~ ~dLLOCK ~0~ 1 200I
COUNTY CLERK '
...-. ~:',x...~.3.
255 PARKWAY 9LVO . :.:.~'~i
~PPELL I'X 75019