Lakewood Est 18E-ES011214
STATE OF TEXAS §
COUNTY OF DALLAS §
1 z ~ t;. SEC ~ a 200
RECORDS CENTER
CITY OF COPPELL
LICENSING AGREEMENT AND AGREEMENT
TO PARTIALLY ABANDON EASEMENT
THIS LICENSING AGREEMENT and AGREEMENT TO PARTL~I,LY ABANDON
EASEMENT (hereinafter collectively referred to as "AGREEMENT") is made by and between the
City of Coppell, Texas (hereinafter also referred to as the "CITY"), after first having been duly
reviewed and approved by the Coppell City Council, and David J. And Diana R. Fischer (hereinafter
also collectively referred to as "LICENSEES"), acting by and through their authorized
representatives.
WITNESSETH:
WHEREAS, LICENSEES own the real property improvements located at 1002 Forestwood
Lane (Lot 18, Block E Lakewood Estates), being more particulazly described in Exhibit "A",
attached hereto and incorporated herein as if fully set forth and for all purposes; and
WHEREAS, constructed on the property is a house, pool and pool deck (hereinafter referred
to as the "IMPROVEMENTS") that lie partially within a 30 foot City sanitary sewer easement,
Volume 75142, page 1390 as shown on the survey plat marked Exhibit "B", attached hereto and
incorporated herein as if fully set forth and for all purposes; and
WHEREAS, LICENSEES have requested that the CITY allow the use and occupancy of the
sewer easement for LICENSEE IMPROVEMENTS;
NOW THEREFORE, in consideration ofthe covenants contained herein and for other good
and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties
hereto agree as follows:
1. PurQoses: CITY hereby grants LICENSEES and their successors in interest and assigns an
irrevocable license for the purpose of maintaining and using those portions of the house,
pool, and pool deck (the "PERMITTED IMPROVEMENTS") now encroaching into the
CITY sanitary sewer easement, and being more particularly depicted on Exhibit "B" attached n..I
hereto atld incorporated herein as if fully set forth and for all purposes.
2. Term: The term of this Agreement shall be perpetual, and shall not be subject to termination a
so long as any ofthe PERMITTED IMPROVEMENTS discussed herein encroach into the
CITY sanitary sewer easement referenced herein, except as provided in pazagraphs 7 and/or
11 of this Agreement. ~
257/9070 #392274 Licensing Agreement Page 1
3. Non-exclusive: This License is non-exclusive 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; to 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 or
which may be granted by CITY at any time and to any individual, corporation or other entity,
public or private.
4. Environmental Protection: LICENSEES 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 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. Therefore,
LICENSEES and each and any of their successors or assigns represent and warrant that the
use of the PERMITTED IMPROVEMENTS on 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 they
will take all steps necessary to ensure that no such hazardous substance or solid waste will
ever be discharged onto the properly or adjoining property by LICENSEES or any of their
successors or assigns. 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 likewise apply herein 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 herein. LICENSEES and each
and any of their successors in interest or assigns shall indemnify and hold CITY harmless
against any and all costs and expenses related to environmental cleanup to the property and
surrounding CITY property resulting from LICENSEES' use of the property under the
License granted herein.
5. Mechanic's Liens not Permitted: LICENSEES and any successors in interest or assigns
shall fully pay all sums owing for all labor and materials purchased for or used in, on or
about the property by such LICENSEES and any successors in interest or assigns, and agree
that they will not permit or suffer any mechanic's or material man's liens of any nature to be
affixed againstthe property by reason of any work done or materials furnished to the property
at LICENSEES' instance or request.
6. Future City Use: Except as provided in paragraph 10 herein, the License conveyed herein
is made expressly subject and subordinate to the right of the CITY to use the portion of the
easement outside the physical limits of the house, pool, and pool deck for any public purpose
whatsoever. In the event that CITY shall, at any time subsequent to the date of this
257/9070 #392274 Licensing Agreement Page 2
Agreement, at its sole discretion, determine that the relocation, maintenance or removal of
the existing sanitary sewer line shall be necessary or convenient for CITY's use of property,
or for purposes of public health and safety, LICENSEES and any successors in interest or
assigns hereby agree CITY shall not be liable for any cost or claims for structural or cosmetic
damage to the house, pool, or pool deck, because of CITY's activities within the sanitary
sewer easement, or as a result of or related to any utility services provided to LICENSEES.
Duration of License: This License shall terminate, be null and void, and be of no further
force and effect in the event LICENSEES or their successors in interest or assigns shall
discontinue or abandon the use of the PERMITTED IMPROVEMENTS, or in the event
LICENSEES or their successors in interest or assigns shall remove the PERMITTED
IMPROVEMENTS from the property, or, in the event that the CITY abandons all of the
properties depicted as a public easement on Exhibit "B".
Compliance with Laws: LICENSEES and their successors in interest or assigns agree to
abide by and be governed by all laws, ordinances and regulations of any and all governmental
entities having jurisdiction over the LICENSEES and their successors in interest or assigns.
9. Indemnification: LICENSEES and their successors in interest or assigns shall fully and
completely defend, protect, indemnify and hold the CITY forever harmless against and from
any expense, cost, penalty, damage, or charge, imposed for any violation of any law,
ordinance, rule or regulation arising out of the use of the property by the LICENSEES, or
their successors in interest or assigns, whether or not occasioned by the neglect of
LICENSEES or their employees, officers, agents, representatives, contractors, successors in
interest or assigns or any person or entity in privity with same. LICENSEES and their
successors in interest or assigns shall at all times fully and completely 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 from any accident or other occurrence
on or about the property causing personal injury, death or property damage resulting from
use of property by LICENSEES or by their successors in interest, assigns, agents, employees,
customers and invitees, or arising out of or from any and all claims or causes of action
resulting from any failure of LICENSEES, their officers, employees, representatives, agents,
contractors, successors in interest or assigns in any respect to comply with and perform all
the requirements and provisions hereof.
10. Partial Abandonment of Easement: The CITY, by this Agreement and upon the express
prior approval of the Coppell City Council, the receipt of which is hereby acknowledged by
the parties herein, also hereby affirms that, strictly subject to the CITY'S receipt of a
satisfactory indemnity and hold harmless agreement for any damage to the house which is
part of the PERMITTED IMPROVEMENTS constructed on the subject property, the CITY
will abandon that certain portion of the sanitary sewer easement described herein, and only
that portion, which abuts a corner of the house constructed on the subject property, in the
boundaries legally described in Exhibit "C" hereto. However, as to said abandoned portion,
257/9070 #392274 Licensing Agreement Page 3
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LICENSEES for themselves and for their successors in interest and assigns hereby agree to,
and do, convey an irrevocable license to the CITY in perpetuity and running with the land,
in the same terms and upon the same conditions as specified in pazagraphs 1, 2 and 6 in this
Agreement as to the non-abandoned portion of the easement described herein, and such
agreement by LICENSEES is and will be binding on any of their successors in interest or
assigns.
11. Termination: This Agreement may be terminated in any of the following ways:
a. Written agreement of both parties;
b. By CITY upon failure of LICENSEES to perform any of their obligations as set forth
in this Agreement;
c. By the CITY further abandoning any interest in the sanitary sewer easement.
However, the partial abandonment of interest by the CITY described in Pazagraph 10
herein shall not be construed as in any way terminating this Agreement.
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 at least thirty days advance
written notice to the other party of such change of address.
13. Attornev'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 costs and reasonable attorney's fees from the non-prevailing
P~y•
14. Governing Law: This Agreement is governed by the laws of the State of Texas; and venue
for any action to enforce this Agreement or related to same shall be in Dallas County, Texas.
15. Binding Effects: This Agreement shall be binding upon and inure to the benefit of the
executing parties and their respective heirs, personal representatives, successors in interest
and assigns.
16. Entire Agreement: This Agreement embodies the entire agreement between the parties
hereto and supersedes all prior agreements or understandings, if any, relating to the property
and the matters addressed herein and this Agreement may be amended or supplemented only
by written instrument executed by all parties hereto.
257/9070 #392274 Licensing Agreement Page 4
17. Leal Construction: The provisions of this Agreement are hereby declared and
acknowledged to be covenants running with the property and are fully binding on all
successors in interest, heirs, and assigns of LICENSEES, and particularly upon those who
acquire any right, title, or interest in or to the property or any part thereof. Any person or
entity who acquires any right, title, or interest in or to the property referenced herein or any
part hereof, thereby agrees and covenants to abide by and fully perform all provisions of this
Agreement by virtue of holding any right, title or interest in said property.
EXECUTED this L3~'day of , 2001.
ACCEPTANCE AND AGREEMENT ACKNOWLEDGED BY:
CITY OF C4PI9i~.L. TEXAS
By
CITY MANAGER
By:
LIBBY BA ,CITY SECRETARY
L
By:
DAVID J. F CHER
By: % ~~~c
DIANA R. FISCHER
257/9070 #392274 Licensing Agreement Page 5
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF DALLAS §
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This instrument was acknowledged before me on the 2 9th day of November , 2001, by
David J. Fischer.
Notary Pub c, State of Bavaria
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My Commission expires: 2 0. 0 7. 2 0 0 9
ACKNOWLEDGMENT
OF TEXAS §
~Y OF DALLAS §
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Notary Public, to of
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This in ent was acknowledged before me on the2 9th day of November , 2001, by
Tana R. Fisc ~ 3 ~ 7 ~ ~ / ~ ^ ~, ~ ~G,~ ,~
avaria
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CITY'S ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on the ~ day of ~Q'j~, 2001, by
Jim Witt, City Manager of the City of Coppell, Texas a Texas municipality, on behalf of said
municipality.
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My Commission expires: (O ~~~~~¢
#392274 Licensing Agreement Page 7
SURVEY PLAT
Thl^ L to ce[tlfy CMt I Mw, this date, trade a ursEul and accurate survey on the Ground o[ propc[ty locatad at
TaYaa,
1n the city of C0ppe11,
xo. 1002 Forestwood Lane o[
Flock No. E City Block No.
we xo. 18,
Amended Final Plat of Lakewood Estates,
an ada[cioa co cha ciey o[ Coppell, llal.las County, Texas, according to the plat ttlecouncy. Taxaa.
at P.{s 602. o[ ehs Map xetorda o[~ Dalla6
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DESCRIPTION OF EASEMENT
BEING part of Lot 16, Block E o/Amended Final Plat of Lakewood Estates, an addition to the City of Coppell, Dallas County, 7ezas, according to
the plat !hereof rowrded in Volume 94057, Pape 602, Map Rewrds Dallas County, Texas, being pan of a 30' sanitary sewer easement dedicated
in Volume 75142, Page 1390. Deed Records Dallaa County, Texas, arld being more partiwlarly described es folbwa;
Commerxcin9 at an'i found at tM MterseUton of the Northwest line or Forestwoal Lane, (a 50' R.O.WJ,wNh the Northeast line of Village
Parkway, (a 80' R.O.W.), said polnt being the Southwest wrner of said Lol 1B;
(hence: Nonh 15 deg. 07 min. 02 sec. West, wuh the said Nonheaal Nne Yllage Parkway a distance of 77.12 feel a point for corner;
(hence: North 74 deg. 52 mNl. 58 see. East, a detente of 17.541ee1 to a building comer at the Place of Beginning;
THENCE: From lha Place of Baginning, Nonh 02 deg. 05 min. West, wNh the Weal line of a building, a distance of 20.931ee1 to Itxe inlerseUbn of
the Wesl line of saki building wNh the Nonheast Ifne of said 30' sari%ary sewer easement, a 60-0 nail sal for corner;
THENCE: South 15 deg. 27 min. W see. East, with Itre Northeast line of sald 30' sanitary sewer easement, a dlslance 0123.98 feel to the
intersection of the Northeast Nne of sald sanllary sewer eaumenL w%h a South line of said building, a 60-0 naN sal for wrner;
THENCE: South 67 deg. 55 min. Weal, with a South line of said building, a distance of 1.64 feet to en angle polnl M sald buildup, a building
wrner on caner;
THENCE: North 45 deg. 51 min. 51 sec. West, with a South line of saki building. a distance of 3.32 feet, to an eN wrner in said building, a
Duildirp terrier on wrner,
THENCE: Swth B7 deg. 55 min. West, with a South line of sald building, a distance of 1.601ee1 to the PLACE OF BEGINNING and
CONTAINING 58 aquaro feet of land. _.
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