First Assembly-AG021008AGENDA REQUEST FORM
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
DIR. REVIEW:
T H C 1 T T• 0
COPPELL
Consider approval of a Right -of -way Use Agreement between the City of Coppell and the Coppell First Assembly
of God Church to allow the encroachment of an existing parking lot; and authorizing the City Manager to sign.
APPROVED BY
CITY COUNCIL
ON ABOVE DATE T
Approval of this right -of -way use agreement will allow a portion of the existing parking lot of Coppell First
Assembly of God Church to remain within the right -of -way of Heartz Road.
Staff recommends approval of the right -of -way use agreement between the City of Coppell and the Coppell First
Assembly of God Church to allow the continued use of the existing parking lot.
Staff will be available to answer any questions at the Council meeting.
FIN. REVIEW:
DEPT: Engineering
DATE: October 8, 2002
ITEM 8/G
Motion to Approve
M Tunnel!
5 Raines
Vote 6 -0
Stover absent
CM REVIEW:
Agenda Request Form Revised 09/02 Document Name: #eng4 -IAR
STATE OF TEXAS
COUNTY OF DALLAS
RIGHT -OF -WAY USE AGREEMIO56
3730085 $25.00 Deed
02/20/03
THIS AGREEMENT "AGREEMENT is made by and between the City of Coppell, Texas
"CITY and Coppell First Assembly of God Church "LICENSEE acting by and through
their authorized representatives.
WITNESSETH:
WHEREAS, LICENSEE is currently improving Coppell First Assembly of God Church
at 200 Heartz Road and more particularly described in Exhibit "A" attached hereto and
incorporated herein for all purposes; and
WHEREAS, LICENSEE desires to allow the continued use of approximately 607.5
square feet of property "PROPERTY being more particularly shown on the map marked
Exhibit `B" attached hereto; and
WHEREAS, LICENSEE proposes to provide ongoing maintenance of the area at its
own expense;
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: The CITY hereby grants LICENSEE a revocable license for the purpose of
allowing parking (the "PERMITTED USE within the right of way of the CITY. In
consideration of the granting of this AGREEMENT by the CITY, LICENSEE agrees to
provide ongoing maintenance of the area.
2. Term: The term of this Agreement 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
PROPERTY; b) to all vested rights presently owned by any utility or communication company,
public or private, for the use of the PROPERTY for facilities presently located within the
PROPERTY; and c) to any existing lease, license, or other interest in the PROPERTY granted
by the 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
Right -of -way Use Agreement Page 1
2003035 03764
hLJ
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 Solid Waste Disposal Act.
LICENSEE warrants that the 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
LICENSEE 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 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 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
PROPERTY resulting from LICENSEE'S use of the PROPERTY under this License in
violation of this AGREEMENT, as proven in a court of competent jurisdiction.
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 to be affixed against the PROPERTY by reason of any work done or
materials furnished to the PROPERTY 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 PROPERTY 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 removal of the PERMITTED USE shall be necessary or convenient for
CITY'S use of the PROPERTY, LICENSEE shall at its sole cost and expense make or cause to
be made such modifications or relocate the PERMITTED USE so as 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 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. Compliance 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 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 parking area by the
LICENSEE, whether occasioned by the neglect of LICENSEE, its employees, officers, agents,
Right -of -way Use Agreement Page 2
2ao3035 03765
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 parking area causing
personal injury, death or property damage resulting from use of parking area 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, its officers,
employees, agents, contractors or assigns in any respect to comply with and perform all the
requirements and provisions hereof.
9. 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, after thirty (30) days prior written notice to LICENSEE and
opportunity to cure;
d. By CITY abandoning any interest in the PROPERTY;
10. 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.
11. 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.
12. Governing law: This AGREEMENT is governed by the laws of the State of Texas; and
venue for any action shall be in Dallas County, Texas.
13. 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.
14. Entire Agreement: This AGREEMENT embodies the entire agreement between the
parties and supersedes all prior agreements, understandings, if any, relating to the PROPERTY
Right -of -way Use Agreement Page 3
2003035 03766
and the matters addressed herein and may be amended or supplemented only by written
instrument executed by the party against whom enforcement is sought.
15. Recitals: The recitals to this AGREEMENT are incorporated herein by reference.
16. 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 said right, title or interest in the PROPERTY.
17. Successor Owner Obligations: 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.
Right -of -way Use Agreement Page 4
2003335 03767
EXECUTED this
APPR; ED AS TO FORM:
ROBERT E. HAGER, CITY AT
Right -of -way Use Agreement Page 5
day of Ivh)emDev' ,2002.
CITY OF C i,,TEXAS
By:
ATTEST:
JIM WI Y MANAGER
CITY SECRETARY
COPPELL FIRST ASSEMBLY OF GOD CHURCH
By:
Name od#J e y J Cal /U
Title ,d 5'Fort
By:
Name
Title
2003035 03768
STATE OF TEXAS
COUNTY OF DALLAS
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared R o d C o l l v e r, Minister of Connell Firs t
Assembly o f God Church known to me to be the person and officer whose name is
subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the
said Coppell First Assembly of God Church a corporation, that he was duly
authorized to perform the same by appropriate resolution of the board of directors of such
corporation and that he executed the same as the act of such corporation for the purposes and
consideration therein expressed, and in the capacity therein stated.
Given under my hand and official seal, this
PAULA J. CROCKER
MY COMMISSION EXPIRES
October 17, 2004
Right -of -way Use Agreement Page 6
LICENSEE'S ACKNOWLEDGMENT
1
No ary Public
2aa3035 0 3769
STATE OF TEXAS
COUNTY OF DALLAS
BEFORE ME, the undersigned authority a Notary Public in and for the State of Texas, on
this day personally appeared Jim Witt being the City Manager of the City of Coppell, Texas, known
to me to be the person and officer whose name is subscribed to the foregoing instrument and
acknowledged to me that the same was the act of the said City of Coppell, Texas, and that he
executed the same as the act of said City of Coppell, Texas for the purpose and consideration
therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the Jo day of
!IL Gad., Jam, 2002.
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Right -of -way Use Agreement Page 7
CITY ACKNOWLEDGMENT
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P0 BOX 478
COPPELL.TX 15019
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My provision herein which restricts the sate, le tet, or used the
described real property because of color or race Is invalid and
unenforceable under federal law.
STATE OF TEXAS COUNTY OF DALLAS
1 hereby certify this instrument was filed on the dater and time
stamped hereon by me and was duly recorded in the volume and
page of the named records of Dallas County, Texas as stamped
hereon by me.
FEB 20 2003
t,rr 1: ecalno t a∎-•
COUNTY CLERIC Dallas County, Texas
T H E C 1 T Y O F
COPPELL
MEMORANDUM
FROM THE
DEPARTMENT OF ENGINEERING
To: Mayor and City Council
From: Teresa Turner, E.I.T., Graduate Engineer
Date: October 8, 2002
RE: Consider approval of a right -of -way use agreement between the City of
Coppell and the Coppell First Assembly of God Church to allow the
encroachment of an existing parking lot; and authorizing the City Manager to
sign.
The Coppell First Assembly of God Church is proposing to construct improvements to their
property located at 200 Heartz Road. During the August 29 and September 5, 2002 Development
Review Committee meetings, it was discovered that the church had previously dedicated a 7.5 foot
wide strip of property to the City of Coppell on March 6, 1985 for right -of -way purposes. At the
time of the dedication, the parking lot was already existing and therefore encroached within the
dedicated right -of -way. The encroachment was not addressed at that time. Approximately 607.5
square feet of the parking lot is within the right -of -way.
Staff recommends approval of the right -of -way use agreement between the City of Coppell and the
Coppell First Assembly of God Church to allow the continued use of the existing parking lot.
Staff will be available to answer questions at the Council meeting.
"CITY OF COPPELL ENGINEERING EXCELLENCE BY DESIGN"
SEP. -09' 02 (h10N) 1.1:05 TEL:00000000000000 P. 002
THE STATE OF TEXAS
COUNTY OF DALLAS KNOW ALL MEN BY THESE PRESENTS'
CITY OF COPPELL
THAT the undersigned, FIRST ASSEMBLY OF GOD CHURCH, hereinafter called
"GRANTOR," For a Rood and valuable consideration. the receipt and sufficiency
of which is hereby Acknowledged, does hereby grant to the CTTV OF COPPEI.L,
TEXAS, hereinafter called 'GRANTEE," right -of -way for the purpnee of
constructing. operating and maintaining a Public Road and Utilities over
and across Grantor's land located on the East Ride of the existing R.0.W.
of Hoar tz Road. City of Coppell, Dallas County. Tonna and described as
fellows:
BUNG a tract of land situated in the c78E1(ED HENDERSON SURVEY. ABSTRACT
NO. 629. and being more particularly described as follows:
COIQIENCINC at the intersection of the existing East R.fl,tf. lies of Martz
Road (42_S' R.D.W.) and the existing North R.O.W. line of Woodhurst Drive
(50' R.o.W.);
THENCE N 0 37'00' E AlooK said East R.U.W. line of Hearer Road a distance
to the POTN1' OF BECINNLNC;
of 182.45 ft.
RIGHT OF -WAY DEDICATION
THENCE N 0 37'00" E a distance of 292.3 fc. to a point for corner;
THENCE N 89 23'00" W a distance of 7.50 ft. to a point for corner;
THENCE S 0 37'00" W e distance of 292.3 ft. co n pnlnr for rorner;
THENCE S 89 23'00" E a distance of 7.50 ft. to the POINT OF ISELiLNN1NG
and containing 2192.25 sq. (1. or 0.050 acre... murr ur liA:
TO RAVE AND TO NOLO the shove deaeribed right of-way and f ri
all rights unto
t,e 'Aid City of Coppell. Tars. its successors and assigns.
AND Crantor does hereby bind self. heirs end legaI repreI.'nta-
rlvee, to warrant and forever defend all and singular and above described right-
-way and all right unto said Grantee, is successors and assigns, a*slnar every
.orlon whamaoaver lawfully claiming ar to el aim the same ar any Part thereof
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1qE STATE OF TEXAS
.DUNTY 0►. DALLAS
BEFORE. ME, the undersigned authority, on th s day personally appeared
1Yle 13% i1E known co ee to be the person whose
name is edhacribed to the foregoing instrument. and acknowledged to me that
he oxeCuced and same for the purpoaas and consideration therein expressed.
f j v under my hand and seal of office on this day of
Nvgary Public in an for
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DALLAS COUNTY, TEXAS
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