Meadows Addn 4&5-AG010814T H E C I T Y O F
COPPELL
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AGENDA REQUEST FORM
~ x A ~ , a 4 CITY COUNCIL MEETING: August 14, 2001 ITEM # J L
ITEM CAPTION:
Consider approval of a License Agreement between the City of Coppell and John D. Lightbourn concerning
encroachments into an existing alley right-of--way adjacent to Lot 5, Block M of The Meadows Section IV
(719 Meadowglen Circle); and authorizing the City Manager to sign. APPRO VEQ
BY
ciTY couNC~~
DATE __ S-i9-o%,
SUBMITTED: Kenneth M. Griffin, P.E.
TITLE. Dir. of Engineering/Public
STAFF COMM»~S _,,,~----":
It was recently brought tow•my"a~en"`~ion t~iat there is an encroachment of existing pool, pool deck and fence in
the City's alley right-of--way adjacent to 719 Meadowglen Circle. In this particular location the alley takes a
ninety degree bend and there is excess right-of--way adjacent to the alley. Apparently, during the construction
of the fence the property owner placed the fence approximately five foot away from the paved section of the
alley. This created an approximately eight foot encroachment into the alley right-of--way. The owner
subsequently constructed a pool and pool deck which encroached into that eight foot. The property owner is
attempting to refinance his home and has approached the City to abandon a portion of the alley right-of--way.
Because we have no utilities either in or proposed for this section of the alley, the abandonment of the alley
right-of--way would not create a problem for the City. However, there are existing utilities in the alley,
therefore; the abandonment of the City's right-of--way will have to also include the dedication of a utility
easement. It will take some time for the legal description on the abandonment; therefore, the property owner
has requested an irrevocable license agreement in the interim period. Because it is our intent to eventually
pursue the abandonment of a portion of the alley, City staff offers no objections to the irrevocable license
agreement. The license agreement still allows existing or proposed utilities the right to use this portion of the
alley right-of--way. As previously stated, if it is abandoned at some point in the future, a utility easement wi~~j
be provided to accommodate existing utilities. ' I ~//'"'
Staff has no objections to the license agreement between the C' Hoppe o1r~LTirn
property owner at 719 Meadowglen Circle. ~
l
Staff will be available to answer an questions at the Counc' eti . ;
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BUDGET AMT. $ AMT. EST. $ ~lJ-1j1 ~
FINANCIAL COMMENTS: 1~
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DIR. INITIALS: ~ FIN. REVIEWY CITY MANAGER REVIEW:
Agenda Request Form -Revised 5/00 Document Name: #eng3
STATE OF TEXAS §
COUNTY OF DALLAS §
LICENSE AGREEMENT
THIS AGREEMENT is made by and between City of Coppell, Texas (hereinafter
referred to as ITY") and John D. Lightbourn (hereinafter collectively referred to as
"LICENSEE") ac ' by and through their authorized representatives.
WITNESSETH:
WHEREAS, L ENSEE own the real property improvements located at 719
Meadowglen Circle and eing more particularly described in Exhibit "A", attached hereto and
incorporated herein as set rth in full; and
WHEREAS, LICEN E constructed or caused to be constructed a swimming pool and
fence (hereinafter referred to a the "IMPROVEMENTS") within City right-of--way easement as
shown on the attached survey pl t marked Exhibit "B" and incorporated herein for all purposes;
and
WHEREAS, LICENSEE
easement for LICENSEE IMPRO
NOW THEREFORE, in co
valuable consideration the receipt and
agree as follows:
requested the CITY allow the use and occupancy of the
of the covenants contained herein and other
of which are hereby acknowledged, the parties
1. Purpose: CITY hereby grants LICE EE an irrevocable license, for the purpose of
maintaining and using the swimming pool and nce (the "PERMITTED IMPROVEMENTS")
encroaching the CITY easement and being more p icularly depicted on the map marked Exhibit
"B" attached hereto and incorporated herein for all p oses.
2. Term: The term of this License shall be perp~ual, subject, however, to termination by
the CITY as provided herein.
3. Non-exclusive: This License is nonexclusive an is subject to any existing utility,
drainage or communications facilities located in, on, under r upon the easement or property
owned by CITY, any utility or communication company, pub 'c or private, to all vested rights
presently owned by any utility or communication company, pu is or private for the use of the
CITY easement for facilities presently located within the boundar s of the easement and to any
existing lease, license, or other interest in the easement granted CITY to any individual,
corporation or other entity, public or private.
4. Environmental Protection: LICENSEE shall not use or permit tY~e use of the property
for any purpose that may 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 recovery 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 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. 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.
7. 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.
8. 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
License Agreement -Page 2
42413
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.
9. Action uuon 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.
10. Termination: This Agreement may be terminated in any of the following ways:
a. Written agreement of both parties;
b. By CITY upon failure of LICENSEE to perform its obligations as set forth in this
Agreement;
c. By the City abandoning any interest in the utility and drainage easement.
11. 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.
12. 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
P~h'•
13. 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.
14. 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.
15. 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.
16. Recitals: The recitals to this Agreement are incorporated herein by reference.
17. 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
License Agreement -Page 3
42413
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 su~~c~~h property.
EXECUTED this ~'%`tiay of , 2001.
C OF COPPELL, TEXAS
By:
WITT, CITY MANAGER
License Agreement -Page 4
A'
LIBBY B L, CITY SECRETARY
ACCEPTANCE ACKNOWLEDGED BY:
LICENSEE:
John D. Lightbourn
By:
42413
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
BEING LOT 5, in BLOCK M, of The Meadows Section Four, an Addition to the City of
Coppell, Dallas County, Texas, according to the Plat thereof recorded in Volume 84147,
Page 1562 of the Plat records of Dallas County, Texas, dated July 26, 1984.
E%HIBIT A
HR SURVEY PLAT HR
This plat is to show the improvements and describe the area of a 20 foot alley
which is fenced off the rear property line of 719 MEADOWGLEN CIRCLE in the City
of COPPELL, DALLAS County, Texas same being LOT 5, BLOCK M of THE MEADOWS,
SECTION FOUR, an Addition to the City of COPPELL, DALLAS County, Texas,
according to the Plat thereof recorded in Volume 84147, Page 1582, Map Records,
DALLAS County, Texas. same being described ae follows:
Beginning at a 1/2" iron rod set for a corner on the South property line of
said Lot 5 same being the North line of that 20 foot alley from which a 1/2"
iron rod found at the Southeast corner of Lot 5 bears South 89 deg. 04 min. Ofl
sec. East 1.95 feet;
THENCE leaving the South line of Lot 5 into that 20 foot alley along an
existing rood fence the following calls:
South 44 deg. 28 min. 46 sec. 11.48 feet;
North B7 deg. 03 min. 47 sec. West 18.89 feet;
North 37 deg. 48 min. 22 sec. West 3.89 feet;
North 2 deg. D5 min. 31 sec. East 4.70 feet to a 1/2" iron
rod set for a corner in the South line of Lot 5;
THENCE South 89 deg. 04 min. 09 sec. East along the South line of Lot 5 26.93
feet to the Point Of Beginning and containing 182 square feet of land.
I
MEAS. 56.01
P.O.H. i PLAT CALLS 58.2 ALLEY
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1/2" IRP L-'4'~'~' '~ I/2" IRF
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'719 MEnI~OWGLEN CIRCLE
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~~ 1 I hereby certify that oa the 13TH dq of AU G~ 2U
' O1 thfe survey wen made on the `rouvd end this surrey plat bee beau prepared ee per the field
~ uotew thereby produced, end IL properly represents the bete ae found on lbe 'round. T61e surrey yylst hen been Drepared lv eccordenee with, end In
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~ aubetevWl compliance with , dl ruler end reAul°tlonr premulpted by the Tane Uoerd of Profeeslead Lead Surveytnp Onleu otherwlsa noted, the
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) ou lha record date prvrided is the title commitment for the delerminLLioo e! the boundrrl ee of the lmd pucel eurrayad end (or
~ ~{{ nuy nvamenb of record which me)) be ehowv or eddreued on the enrvay. The surrey ehev viable euamanG, anoroeohmeaG, con Nole, or
protrusions apyernnt en the drouad
.
r~ hate : AUGUST 20, 2001
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S• ~ JOB # 00-1703C
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errolltoa, Terns 76006 (672) 242-ba79
LOT 6
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L-1 5 44°28'48" W 11.48
L-2 N 87°3'47" W 18.69
L-3 N 37°48'22" W 3.89
L-4 N 2°5'31" E 4.70
L-5 S 89°4'09" E 26.93
LOT 5
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SURVLY PLA'1'J
TU THE LIP.N]IOLIIERR ANTI/OR TI{E 011NER5 AND TIIP. PVI{CIIAStaiS OF THE PNENISF.S
NIIRVEYED ANU TO CIIICADU TITLE INSVRANCE CONPAN Y:
This is to certify that I have made a careful and accurate survey of Lhe
properly IocaleJ at 71A NNAIlO1fC LEN CIItCLF, in Lhc Cily of COPPELL, llALLAS County,
7exaa, deac ribed ns kdlone:
LOT 5, DIACK M of TIIE NEADOI/S, SECTION FOUR, an Ad di lion to the Clly of COPPF;Id.,
UALIAS County, Texas, nrcording to the Plet thereof recorded in Volume RU A7,
Page 1502, Msp Neuurd s, DAI.IAS County, Texea.
_ ~ _
T1119 PROPRRTY UOE9 NOT LIE IN A 100
YEAR FLOOD IIAZARD AREA ACCORDING TO
T118 1.8.N.A. FLnaD INSUR. RATE MAP
CONN. PANEL NO. QQQ I7Q OO I O (;
TIIIS PROPERTY LIES IN ZON9 -P _a _v Pte' X'r
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I hereby certify lhnl. ml Lhe 2~NUdny of JUNE, XO 110, thin survey wan mode on Ihr Around end thin survey plat Ana heen prepared sa per the field
noon /hereby prod urml. old it properly represents the fncln en laund on the ground. Thin xurvey plat has Assn prepared In nccardenre with, and In
xubalanl Inl cnm plie nee with , all rules e0d rcgulalfnnn promulAAted ky Lhe Teun Usard of I'rt,Rminnal Land Snrveying. Ilniees xlherwlee noted, the
conveyor has relieA ewlrly on the record dale provided io Ihr lilts commitment for the ~Irlerminalion of the Anunda riea of the lend panel surveyed sod for
any eeeemenla of record which coq be shown nr addrrsvd on the survey. TAs anrvey shows visLle essemente, enrmanhmrnln, conflicts, or
yudrneiuns apparent ml thv grwund. _
OF
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_ _ cF Nu. 525)325-VR IIAI{ItY d. ROWELI.
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____-___-_._.._- 4507 _.___._. ___.-__-_-_._
---~ LEGEND ED s~Rle:l"= 20' ~:!in~,~,~,~,~.~lo/~ 1-I~ItiR,Y
f2" Steel /Iron Rod Found O ~SURNj _
f2" Steel ~ Iron Rod Set ~ rr'' I / ~ 1
~operly Lina UY v~~J'y[/~ - _ /J~ ~_ k Aeeocletes, INC.
pod Fence -- -- ~ -- ~ - ~ - /(vf'{ (~ Sn rveying k Engineerli
hein Link /Hire Fence x-x-X-X-X 1JOl F.Im Street Ste. 201
rerh<ed Eleelne - h-h-E- -Trr~~Ti>7rr»'rrri>rr»~r~~_~Trri-r>rr errolltm,Texea 7500E (97 21 212-5
CITY'S ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on the ,~, may of
2001, by Jim Witt, City Manager of the City of Coppell, Texas, a Texas municipali n behalf of
said municipality.
Notary Public, fate of Texas
My Commission Expires:
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License Agreement -Page 5
42413
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on the day of ,
2001, by John D. Lightbourn.
Notary Public, State of Texas
My Commission expires:
License Agreement -Page 6
42413