Willowood-AG010822 T H E ~- G I T Y O F
COl'FELL OU ST
·" CITY CO.Cra ~ET~O: Au~st 14, 2001 ITEM
ITEM CAPTION:
Consider approval of a License Agreement between the City of Coppell and Ronnie and Linda Hunt
concerning encroachments into an existing alley right-of-way adjacent to Lot 19, Block K Willowood
Addition No. 1 (548 Havencrest Lane); and authorizing the City Manager to sign.
APPROVED
BY
............ _ CITY COUNCIL
SUBMI~BY: KennethM. GritDn, P.E. DATE B-/4-rD I
TITL-2: hi,of r~ngi~ee.~ing/P-ublic Worto"
STAFF COMMENTS:
It was recently brought to my attention that a small portion of a pool and fence at 548 Havencrest is
constructed outside the limits of the property into the adjacent right-of-way for the alley behind the house.
The encroachment into the alley is approximately 1 1/2 to 2 feet. This 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 fence to remain within the City of Coppelrs right-of-way. The license
agreement is a revocable agreement as clarified in paragraph six, which states that if the City requires the use
of this right-of-way at any time in the future it could require the permitted improvements i.e., the portion of
the pool and fence to be removed at the sole cost of the property owner. In paragraph three of the license
agreement, it is very clear 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 Ronnie and Linda Hunt, the property owners at 548 Havencrest.
Staff will be available to answer any questions at the Council meeting.
BUDGET AMT. $ AMT. EST. $ +k-BID $
FINANCIAL CONfMENTS:
DIR.
INITIALS:
Agenda Request Form - Revised 5/00 D~t Name: #engl
2 ~
STATE OF TEXAS §
§ LICENSE AGREEMENT
COUNTY OF DALLAS § Deed il/01/01 ~9t9998 $~3,00
THIS AGREEMENT is made by and between City of Coppell, Texas (hereinafter
referred to as "CITY") and Ronnie and Linda Hunt (hereinafter collectively referred to as
"LICENSEE") acting by and through their authorized representatives.
WITNESSETH:
WHEREAS, LICENSEE own the real properly improvements located at 548 Havencrest
Lane 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 swimming pool and
fence (hereinafter referred to as the "IMPROVEIvlENTS") within CiLv right-of-way easement 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
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. Purvose: CITY hereby grants LICENSEE a revocable license for the purpose of
maintaining and using the swimming pool and fence (the "PERMITTED IMPROVEMENTS")
encroaching the CITY easement and being more particularly depicted on the map marked Exhibit --'
"B' attached hereto and incorporated herein for all purposes.
72-'-1
2. Term: The term of this License shall be perpetual, subject, however, to termination b`x-'
the CITY as provided herein.
3. Non-exclusive: This License is nonexclusive and is subject to any existing utility, .-..j
drainage or communications facilities located in. on. under or upon the 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 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 an)' purpose that ma)' be in violation of any laws pertaining to the health of the environment,
License Agreement - Page 1 42413
including without limitation, the comprehensive environmental response, compensation and
liability act of 1980 ("CERCLA"), the resource conservation and recover3, 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 CERCI. A 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 indemni~: and hold CITY harmless against
all costs, environmental clean up to the property and surrounding CITY property resulting from
kICENSEE' 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 an,' 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 necessav,,' 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 x~4th the
CITY's or CITY's assigns use of the property. A minimum of thirty (30) days ,~xq:itten 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 depicted as an easement on Exhibit B, then
this agreement shall be of no further effect.
8. Comvliance 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.
License Agreement - Page 2 42413
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 lave, 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 propert2:' 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, indemni~' 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 uvon termination: At such time as this License may be terminated or canceled
Ibr 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 x~q'iting -:%
and shall be deemed delivered when delivered in person or when placed, postage prepaid in the '-._o
United States mail, certified return receipt requested, and addressed to the parties at the address cD
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 signato~~ 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. Governin~ law: This Agreement is governed by the laws of the State of Texas: and
venue for any action shall be in Dallas County, Texas.
License Agreement - Page 3 42413
15. Bindine 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.
1 6. Entire A~reement: 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.
1 7. 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 ~ ~ay L'~TY OF COPPEI-~ T~~
,2oo . /
By:
JIM WITTTY MANAGER
ATTEST:
?
LIBBY BALff, CITY SECRETARY
ACCEPTANCE ACKNOWLEDGED BY: -.:--~
LICENSEE:
By: .i-.-.:.
Ronnie Hunt
Linda Hunt
License Agreement - Page 4 42413
CITY'S ACKNOWLEDGMENT
STATE OF TEXAS §
2001. by Jim ~ itt, CiB~ Manager of the City of Coppell, Texas, a Texas municipa ' ~I'i,t~, on behalf of
said municipality.
Not~: PubH~~f Texas
% '.4:;,:::...- ·
License Agreement - Page 5 42413
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on the
2001. bv Ronnie Hunt.
.... ~,- - ~ -- %
......... Notarv Public. of Texas
'~--'$ · " PAULA J. CROCKER ,' ~ .
MY COMMISSION EXPIRES
October 17, 2004
"' My Commission expires:
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on the ~::~7//l' day of tL/L~ucTL-
2001, bv Linda H~t. "-::~
'---
_ _ _ ~ Not~' Public, Stme of Texas
,~.....~ ~ 17, ~ '
"~.,x" ~ My Commission expires: /O
License Agreement - Page 6 4:4~3
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
BEING LOT 19. in BLOCK K. of Willowood No. 1. an Addition to the City of Coppell.
Dallas County, Texas, according to the Plat thereof recorded in Volume 78203. Page
1118 of the Plat records of Dallas County, Texas on October 19, 1978; when taken with
Certificate of Correction of Error, filed for record on January 24, 1979, recorded in
Volume 79018, Page 1675 of the Deed Records of Dallas County, Texas.
' ' EXHIBIT B
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