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Shadowridge-AG 970701AGENDA REQUEST FORM The City With A Beautiful Future CITY COUNCIL MEETING: July 1 1997 ITEM CAPTION: ITEM # y6 Approval of a license agreement for the property at 466 Harris Street to allow an encroachment of a pool, deck and fence into the right -of -way of Bethel School Road and authorizing the Mayor to sign. SUBMITTED BY: Kenneth M. Griffin, P.E. TITLE: Dir. of Engineering & Public Works Denial STAFF RECOMMENDS: Approval X STAFF COMMENTS: A representative of American Title Company recently contacted the City to inform us that a swimming pool, deck and fence at 466 Harris had erroneously been constructed within the City's right -of -way of Bethel School Road. The pool is approximately two and one -half feet into the right -of -way and the deck and fence are approximately five and one -half feet into the right -of- way. There appears to be a telephone line and gas line behind the back of the curb. In 1994, the City abandoned it's sewer line that was behind the back of the curb and replaced it with a new sewer line in Bethel School Road. Therefore, the City has no utilities behind the back of the curb that would interfere with the pool, deck or swimming pool. The City has no problem with the license agreement; however, the utility companies may raise an issue. Because of the short notice, the utility companies have not responded concerning the encroachments into the right -of -way and the City's potential license agreement. If that response is received prior to the Council meeting, it will be provided at the meeting. Regardless of the utility companies issues or concerns with the encroachments, I have no objections to the license agreement between the City of Coppell and the property owner at 466 Harris Street. Staff will available to answer any questions at the Council meeting. BUDGET AMT.$ FINANCIAL COMMENTS:01 DIR. INITIALS: V, AMT. EST.$ FIN. REVIEW# Agenda Request Form - Rev ed 61% g�'/'7��7 �/ � +/- BUD:$ CITY MANAGER REVI] Document Nam eng.1 y3 Ll 0 Y d- 7y) N August 12, 1997 STATE OF TEXAS § 16-131 1 ;R 4 § LICENSE AGREEMENT COUNTRY OF DALLAS § 08/28/97 644332 $29.00 Deed THIS AGREEMENT is made by and between City of Coppell, Texas (hereinafter referred to as "CITY") and David Lewis Love (hereinafter referred to as "LICENSEE") acting by and through their authorized representatives. WITNESSETH: WHEREAS, LICENSEE owns the real property improvements located at 466 Harris Street, Coppell, Dallas County, Texas and being more particularly described in Exhibit "A" attached hereto and incorporated herein for all purposes; and WHEREAS, LICENSEE without the consent of the CITY, constructed or caused to be constructed a below ground swimming pool, landscaping and other amenities (hereinafter referred to as the "]Ivil'ROVEMENTS ") within City right -of -way adjacent to Bethel School Road 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 right -of -way for LICENSEE's lIv1PROVEMENTS; and WHEREAS, the CITY does not have an immediate need for the use of the right -of -way in which LICENSEE's UviPROVEMENTS encroach; 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: CITY hereby grants LICENSEE a license for the purpose of maintaining and using a below ground swimming pool, landscaping and other amenities (the "PERMITTED I1viPROVEMENTS ") encroaching into CITY right -of -way adjacent to Bethel School Road and being more particularly shown on the map marked Exhibit `B" attached hereto and incorporated herein for all purposes. 2. Term: The term of this License shall be perpetual, subject, however, to termination by the CITY as provided herein. License Agreement - Page 1 ss10483 97168 04652 3. Non - exclusive: This License is nonexclusive and is subject to any existing utility, drainage or communications facility located in, on, under or upon the right -of -way or property owned by CITY, any utility or communication company, public or private, to all vested rights presently owned any utility or communication company, public or private for the use of the CITY right -of -way for facilities presently located within the boundaries of the right -of -way and to any existing lease, license, or other interest in the right -of -way 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 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. LICENSEE warrants 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 lease" 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's 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 Hens of any nature 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 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 IIvIPROVENIENTS shall be necessary 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 MPROVEMENTS was 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 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. License Agreement - Page 2 SS10493 97168 04653 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. 8. 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. 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 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 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. 10. Action upon 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 right -of -way and shall restore such property to substantially the condition of the property 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 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; 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 License Agreement - Page 3 SSlass 97168 046511 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 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. 14. 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. 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. 16. 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. 17. Recitals: The recitals to this Agreement are incorporated herein by reference. 18. 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 acquires 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. IN WITNESS, THEREOF, the parties License Agreement - Page 4 MOM 97168 114655 EXECUTED this /o?A day of 4y tys & 1997. wi ATTEST: By: 71 c. 2 2 -S - KATHLEEN ROACH, CITY SECRETARY M • I• • License Agreement - Page 5 SSIOU3 97168 04656 LICENSEE'S ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF COLLIN § BEFORE MME, the undersigned authority a Notary Public in and for the State of Texas, on this day personally appeared David L. Love, 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, and that he executed the same as the act of said for the purpose and consideration therein expressed and in the capacity therein. —' Fr ER MY HAND AND SEAL OF OFFICE this the day of 1997. Notary Publi PlIfte of Texas My Commission Expires: LAURA URA J. BARNETT Notary Publ ic State or Texas Commission Expires �•3p -p8 License Agreement - Page 6 SS10as3 97168 04657 CITY ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF COLLIN § BEFORE ME, the undersigned authority a Notary Public in and for the State of Texas, on this day personally appeared Candy Sheehan being the Mayor 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 she 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 s t 1997. My Commission Expires: O� - - aBy A. ;? "''. ..... * % rEof� }' � ��''•.. 8.0 5.20 AND SEAL OF OFFICE this the /.?7 day of License Agreement - Page 7 ss 104V 97168 04658 EXHIBIT A TRACT i gg O f COPPELL, DALLAS County, Texas, accordpnRecordse Map Beingg Lot 52, Block D of SHADOW RIDGE ESTATES, FOURTH INCREMENT, a Addition to the City or Plat thereof recorded in Volume 89189, ever b David L. Love and and DALLAS County, Texas; SAVE AND EXCEPT, however that certain portion o y conveyed to the City of Copp b instrument dated tiled Jul 10, subject propert dated August 4, 1 1 Cut Y described by metes and bounds as recorded in Vol""," 92134, edgbeing6 of the Deed Records of D ALLAS ny, Susan L. Love, Texas; said portion follows: same being the intWite'tionNof th e talinelof of RIDGE BEGINNING at the Southwest corner, of said Lot 52, Block D Of SHADOW.ne ESTATES FOURTH INCREMENT,, gg Harris Street (varia60efoottrigh £ hofoway); Bethel School Road ( said East line of THENCE North 00 degrees 12 minutes 30 seconds West, along Harris Street a a distance left;29 feet to an "X" set in concrete at the beginning THENCE departing said Harris Street and along said curve to the le south degre esa55aminutes f 25-00 12 seconds East 42C89rfeetaandgannArollenngqctth of 515 58 feet to s 1/2 inch iron rod set in the Northeast line of Bethel School Road; g School Road a distance of 41.29 feet to the POINT OF BE 388 square feet o INNING. CONTAINING THENCE South 62 de rees 22 minutes 04 seconds West, along said Bethel f land, more or less. G TRACT II ortion,of Lot 52 Block D Of SHADOW FOURTH ht -of -Wa for Beth RIDGE ESTATES el School Road over that BEING part of a 60 foot Ri R Southeast p f p ell, DALLAS County, Texas; recorded in Volume 89189, Page 1 M Records, DALLAS County, INCREMENT an Addiiton to t e Cit 19 2, ap Of Co BEGINNING at a point in the No line of said 60 foot Right- of - Way same being corner of South 62 degrees 22 minutes 04 seconds West 28.00 feet from the east said Lot and Block; South THENCE South 62 degrees 22 minutes 04 seconds West along the Northwest 47n00fesaid Bethel SO efor1 Road and the Southeast line of Lot 52, Block D, fora CCOsouthin7Bde Tees 37 miRoads 56 seconds East 3.00 feet to a point East 47.00 feet to point for THENCE North 62 degrees 22 minutes 04 seconds a corner; qq TH E N CE North 27 de9reeINI7 m 141t00 square feet Ofland We t feet to the POINT 97168 04659 -_ P. - \CP 1 OF 3 We are hereby in review and receip of a co y o thi survey. a I h THIS PROPERTY DOES NOT LIE IN A 100 ' YEAR FLOOD HAZARD AREA ACCORDING TO ` nn �x THE F.E.M. A. FLOOD INSUH. RATE hIAP Date: 3 S a, COMM. PANEL NO. A (101 10 0010 E THIS PROPERTY LIES IN ZONE. ••�° ! END, "C'• 1 /2 "IRF q' S Vo 466 HARRIS_STRE VISIBILITY TRIANGLE [ S 62'22'04" 1. 41.29 CALLED S 61'35'30" It P.O.B. OF t� �'AVE A, EXCEPT N 00'12'30" If 41.29 CALLED N 00'47'43" If 1 hereby certify t:lat on the I of JUN. , 19 97, this survey was made on the ground as per the field notes shown on this survey and it true, corrrct, and eeeunle a to Lhe di m enaiona of Ne rubjecl properly and sire, lowlion and type of buildings and improvements thereon. if any. The survey 3hews a71 easements and visible easements of which I have knowledge or have been advised effecting the subject property. There are no encro,,chmenb, conflicts. or protrusions visible on the ground other than throe shown. Date JUNE 16, 1997 LEGEND 1/2" SIM / Iron Rod Found O 1 12" Sir, j Iron Rod Srl I'roperll line Hood Fence -- -- -- — —� Cham Link i slre Fcntr - x— v —v - -- Dverhrad Fleclnc — F - - -- E- -- F !IIARRY 1. ROEELL GF No. 4597 Scale: 1" = 25' sml\� ' Bv I S 82'22'03" ♦ 28.00 P.O.B. OF ABANDONMENT N 27'37 R 3.00 NOTE: THAT PORTION OF BETHEL SCHOOL ROAD TO BE ABANDON BY THE CITY OF COPPELL, � \ 9� ?e•— S 27'37 E 3.00 JOB # : 97 -2764 HARRY R OWELL A Aavocfalas, INI Surveying & E 1301 Elm Street Ste. 201 Cerrolllon. TeYes 75006 �aa !M Q I'D �D J ^ V co rT UESI'P.IP'f ION () i :11;', :i1ONN1EN "1' PAGE 3 OF 3 THE FOLLOWING IS A DESCRIPTION OF PART OF A 60 R.O.W. FOR BETHEL SCHOOL ROAD OVER THAT SOUTHEAST PORTION OF LOT 52, BLOCK D. OF SHADOW RIDGE ESTATES FOURTH INCREMENT AN ADDITION TO THE CITY OF COPPELL. DALLAS COUNTY, TEXAS. REC. IN VOL. 89109, PG. 1912, M.R.D.C.T. BEGINNING AT A POINT IN THE NORTHWEST LINE OF SAID 60 FOOT R.O.W. SAME BEING SOUTH 62 DEG. 22 MIN. 04 SEC. WEST 28.00 FEET FROM THE SOUTHEAST CORNER OF SAID LOT AND BLOCK. THENCE SOUTH 62 DEG. 22 MIN. 04 SEC. WEST ALONG THE NORTHWEST LINE OF SAID BETHEL SCHOOL ROAD AND THE SOUTHEAST LINE OF LOT 52, BLOCK D, 47.00 FEET TO POINT FOR A CORNER. THENCE SOUTH 27 DEG. 37 MIN. 56 SEC. EAST 3.00 FEET TO A POINT FOR A CORNER IN BETHEL SCHOOL ROAD. THENCE NORTH 62 DEG. 22 MIN. 04 SEC. EAST 47.00 FEET TO POINT FOR A CORNER. THENCE NORTH 27 DEG. 37 MIN. 56 SEC. WEST 3.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 141.00 SQ. FT. OF LAND 97168 04661 LEGAL DESCRIP "I ION PAGE 2 OF 3 TO THE LIENHOLDERS AND /OR THE OWNERS AND THE PURCHASERS OF THE PREMISES SURVEYED AND TO AMERICAN TITLE COMPANY: This is to certify that I have made a careful and accurate survey of the property located at 466 HARRIS STREET in the City of COPPELL, DALLAS County, Texas, described as follows: Being LOT 52, BLOCK D of SHADOW RIDGE ESTATES, FOURTH INCREMENT, an Addition to the City of COPPELL, DALLAS County, Texas, according to the Map thereof recorded in Volume 89189, Page 1'7/2, of the Map Records, DALLAS County, Texas SAVE AND EXCEPT, however, that certain portion of subject property conveyed to the City of COPPELL, by David L. Love and Susan L. Love, by instrument dated August 4, 1992, filed July 10, 1992, and recorded in Volume 92134, Page 5496, of the Deed Records of DALLAS County, Texas; said portion conveyed being described by metes and bounds as follows: BEGINNING at the Southwest corner of said LOT 52, BLOCK D of SHADOW RIDGE ESTATES FOURTH INCREMENT, same being the intersection of the East line of Harris Street (variable width right of way) with the Northwest line of Bethel School Road (60 foot right of way); THENCE North 00 degrees 12 minutes 30 seconds West, along said East line of Harris Street, a distance of 41.29 feet to an "X" set in concrete at the beginning of a curve to the left; THENCE departing said Harris Street and along said curve to the left having a radius of 25.00 feet with a Cord Bearing and distance of South 58 degrees 55 minutes 12 seconds East 42.89 feet and an Arc length of 51.54 feet to a 1/2" iron rod set in the Northeast line of Bethel School Road. THENCE South 62 degrees 22 minutes 04 seconds West, along said Bethel School Road, a distance of 41.29 feet to the POINT OF BEGINNING CONTAINING 388 square feet of land, more or less. 97168 04662 099 0 FILED 91 AUG 28 PM 12:58 COUNTY CLERK DALi -AS COUNTY AFTER RECORDING RETURN TO: Ken Griffin City of Coppell P. 0. Box 478 Coppell, Texas 75019 991 L6 - " e z , t9�N LN Y' wW Mid/• W 6 .Ljpddo P rT y �O so Iladdoo Jo A uo 8 n cn O W L P,� y J E � S�r N Y A m Q O Y ) o Ord J26 �..�Y. Ln � 6-2 1 4 1 1 j, . ' " 4 [%- 1 $'r 110 i O0 o30 '.. 30 �r 5i N � 7 rtt .,y y S o wW Mid/• W 6 .Ljpddo P rT y �O so Iladdoo Jo A uo n cn O W wW Mid/• W 6 .Ljpddo P rT y �O so Iladdoo Jo A uo A m Q Y ) 1 W y61 1 _ � U o30 '.. 30 • o LL m > N N Q 10 + 08 o ¢ a 3 w U wW Mid/• W 6 .Ljpddo P rT y �O so Iladdoo Jo A uo 3. Convene Work Session A. Budget Workshop. REGULAR SESSION (Open to the Public) 4. Discussion concerning assessing Property adjacent to Sandy Lake Road between Denton Tap Road and MacArthur Blvd. City Manager Jim Witt introduced Ken Griffin, Assistant City Manager /City Engineer, who made a presentation to the Council and recommended not to make an assessment project due to the large amount of residential property and the easement acquisition. Councilmember Mayo moved to not assess property adjacent to Sandy Lake Road between Denton Tap Road and MacArthur Boulevard. Councilmember Wheeler seconded the motion; the motion carried n with Mayor Pro Tem Tunnell and Councilmembers Sturges, Watson, Mayo, and Wheeler voting in favor of the motion. 5. Approval of a license agreement for the property at 466 Harris Street to allow an encroachment of a pool, deck and fence into the right -of -way of Bethel School Road and authorizing the Mayor to sign. City Manager Jim Witt made a presentation to Council and introduced Ken Griffin, Assistant City Manager /City Engineer, who discussed the utility issues involved and advised that the license agreement pertains to the City's need for the right -of -way and does not forfeit the utilities' rights. The agreement also states that should the City need the right -of -way, a 30-day notice is required. Councilmember Tunnell inquired as to the permits for the pool and fence. Jason Marshall advised that the title company had not indicated as yet whether the terms of the agreement was acceptable to them. Mr. Marshall stated that the best course for Council would be to authorize the City Manager to negotiate a license within certain parameters Councilmember Mayo discussed and inquired regarding the inspection process. Councilmember Watson moved to grant the City Manager authority to finalize the negotiations of the current License Agreement with the homeowner with the stipulation that the 30-day right to recapture the City's interest be non - negotiable. Councilmember Mayo seconded the motion; the motion carried 5-0 with Mayor Pro Tem Tunnell and Councilmembers Sturges, Watson, Mayo, and Wheeler voting in favor of the motion. 6. Necessary action resulting from Executive Session. There was no action necessary under this item. SM070197 Page 2 of 3