Villages of C P3-AG030722DEP. .ngineering /Public `Norks
AGENDA REQUEST FORM COPPELL DATE: July 22, 2003
ITEM #: 7/D
ITEM CAPTION:
Consider approval of License Agreements between the City of Coppell and Jayeshkumar Patel (924 Brentwood,
Lot 35, Blk A, Villages of Copped IIIB); Haiyen Liao (928 Brentwood, Lot 34, Blk A, Villages of Coppell 111 B);
Sunil N. & Jyoti Patel (932 Brentwood, Lot 33, Blk A, Villages of Coppell 111 B); Deborah June Harris (936
Brentwood, Lot 32, Blk A, Villages of Coppell IIIB); Michelle Maccaroni (940 Brentwood, Lot 31, Blk A,
Villages of Coppell 11113); Russell A. & Leigh A. Campbell (944 Brentwood, Lot 30, Blk A, Villages of Coppell
11I13) to allow the fencing and maintenance of the City right -of -way easement adjacent to the referenced lots; and
authorizing the City Manager to sign. APPROVED BY
Motion to Approve
CITY COUNCIL
N ABOVE DATE
GOAL(S): VO
EXECUTIVE SUMMARY:
Tunnell
Suhy
-6-0
�s absent
The license agreements will allow the property owners to utilize the 10 -foot right -of -way with the exclusion of the
ability to construct any permanent structures.
Staff recommends approval of the license agreements for Lots 30 -35, Block A Villages of Coppell Phase 11I13.
Staff will be available to answer any questions at the Council meeting.
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FINANCIAL COMMENTS:
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Agenda Request Form - Revised 09/02 Document Name AVlgofcopetl -IAR
MEMORANDUM
FROM THE
DEPARTMENT OF ENGINEERING
To: Mayor and City Council
From: Kenneth M. Griffin, P.E., Director of Engineering/Public Works
Date: July 22, 2003
RE: Consider approval of License Agreements between the City of Coppell and
Jayeshkumar Patel (924 Brentwood, Lot 35, Blk A, Villages of Coppell IIIB);
Haiyen Liao (928 Brentwood, Lot 34, Blk A, Villages of Coppell III B); Sunil
N. & Jyoti Patel (932 Brentwood, Lot 33, Blk A, Villages of Coppell III B);
Deborah June Harris (936 Brentwood, Lot 32, Blk A, Villages of Coppell
IIIB); Michelle Maccaroni (940 Brentwood, Lot 31, Blk A, Villages of
Coppell IIIB); Russell A. & Leigh A. Campbell (944 Brentwood, Lot 30, Blk
A, Villages of Coppell IIIB) to allow the fencing and maintenance of the City
right -of -way easement adjacent to the referenced lots; and authorizing the
City Manager to sign.
In 1992 the plat for Villages of Coppell Phase IIIB was filed. At the time it was filed, there was
an existing development at the east end of Deforest Road near the Elm Fork of the Trinity River.
Therefore, the developer for the Villages of Coppell Phase IIIB was required to dedicate ten feet
of right -of -way for the future expansion and improvement of Deforest Road. The original plat as
filed in Volume 92218, page 3565 and shown as Exhibit `B ", shows the 10 -foot right -of -way
dedication for Deforest Road, along with an alley adjacent to Lots 29 -41. Shortly after the
original plat was filed, the developer refiled a portion of the plat to eliminate the alley that was
adjacent to Lots 29 -41. The replat, filed in Volume 93002, page 4701 and shown as Exhibit "A ",
shows the new configuration of Lots 25 -41.
The item before you this evening pertains to the right -of -way that was dedicated by the original
plat of the Villages of Coppell IIIB, that is now adjacent to Lots 30 -35, Block A as shown on the
replat of the Villages of Coppell Phase IIIB and as shown on Exhibit "A" in the attachments. In
the early 1990's it was unknown what the future configuration of Deforest Road would be. As
can be seen on both Exhibits "A" and "B ", there were numerous smaller property owners on the
north side of Deforest Road. So it was conceivable that Deforest Road would continue in an
easterly direction, potentially cul- de- sacing at some point.
In early 2000, a developer put together all the small tracts on the north side of Deforest Road to
create one development. In 2001, the plat for that development, Windsor Estates, was filed
allowing for the development of the property on the north side of Deforest Road. In lieu of
extending Deforest Road to the far east end of the property adjacent to the Villages of Coppell
Phase IIIB, the developer chose to curve the road northward and create larger lots that backed up
to the Elm Fork of the Trinity River. The current configuration of Deforest Road is shown on
Exhibit "C ".
"CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN"
Because of 'the decision to curve Deforest Road northward, the City of Coppell has been left with
a 10 -foot strip of right -of -way adjacent to the south side of Windsor Estates and adjacent to Lots
27 -35, Block A of the Replat of Villages of Coppell Phase IIIB. Because of the current
reconfiguration of Deforest Road by the Windsor Estates subdivision, the 10 -foot of right -of -way
dedicated by the original plat of Villages of Coppell Phase IIIB has no use to the City of Coppell
in regards to thoroughfare development.
I have been approached by a resident who lives in the Villages of Coppell Phase IIIB inquiring
about his ability to utilize the 10 -foot of right -of -way which was dedicated to the City by the
developer of his subdivision. The original thought was to abandon the 10 -foot of right -of -way;
however, that is when the complications began.
In our initial contacts with the utility companies, it was noted that at least one utility company
had utilities within the 10 -foot area. So if an abandonment took place, we would still need to
retain the underlying areas as a utility easement.
As this issue progressed, the resident inquired about his ability to just abandon a portion of the
right -of -way adjacent to his lot, which is Lot 30. I stated that I could not support random
abandonment of pieces of the right -of -way because if the right -of -way adjacent to Lot 30 was
abandon, the City would have no access to the remaining portion of the right -of -way east of that
adjacent to Lots 27 -39.
This citizen then met with his neighbors to discuss the abandonment and approached me again
concerning the utilization of the 10 -foot right -of -way. He stated that the neighbors to the west of
him (Lots 31 -35) were receptive to gaining the ability to utilize the 10 -foot of excess right -of-
way. However, they were concerned about the impact of the land on the value of their property
and whether or not they would have increased taxes, if the City abandoned the right -of -way and
allowed them to incorporate it, via plat, into their lot. The citizens to the east of Lot 30 (Lots 27-
29) showed no interest in gaining the 10 -foot of right -of -way because it lies strictly within a
floodplain and as such the owners of Lots 27 -29 could not utilize the 10 -foot for any increased
usability of their property. However, if it was incorporated into their property there was some
concern that again their taxes would go up without any offsetting benefit.
My goal throughout this issue was to try to come to some resolution where the adjacent citizens
could use the land, maintain it, and gain benefit from it as opposed to having it isolated from
their property and becoming a potential maintenance issue. In previous years, the maintenance of
the area was of less concern because of the lack of development on the north side of Deforest
Road, now the 10 -foot right -of -way abuts a common area of Windsor Estates.
In discussing this with our attorney and reviewing past actions of City Council, I am
recommending that the City allow the utilization of the 10 -foot right -of -way via license
agreement to the adjacent properties. The license agreement would only allow the fencing in of
the 10 -foot adjacent to Lots 30 -35, if they so chose to do so. The area would still be maintained
as right -of -way and as such the utility companies would still have the right to enter and maintain
their existing facilities.
I have had conversations with the developer of Windsor Estates and he has expressed concern as
to why he is not being allowed to utilize the 10 -foot of right -of -way. As previously stated in the
"CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN"
memo, the right -of -way was dedicated by the developer of Villages of Coppell Phase IIIB.
Windsor Estates did not dedicate any of the 10 -foot of right -of -way for Deforest Road. In
reviewing the plat for Windsor Estates they very clearly show the limits of their development to
be exclusive of the 10 -foot of right -of -way. In essence, when you place the two plats side by
side, there is 10 feet separating them, with that 10 feet being the right -of -way dedicated in 1992
by the Villages of Coppell Phase IIIB.
Staff recommends approval of the license agreements for Lots 30 -35, Block A Villages of
Coppell Phase IIIB to utilize the 10 -foot excess right -of -way for Deforest Road for their
enjoyment with the exclusion of the ability to construct any permanent structures, with the
exceptions of fences.
Staff will be available to answer any questions at the Council meeting.
"CITY OF COPPELL ENGINEERING - EXCELLENCE BV DESIGN"
STATE OF TEXAS §
§ LICENSE AGREEMENT
COUNTY OF DALLAS §
THIS AGREEMENT is made by and between City of Coppell, Texas (hereinafter
referred to as "CITY ") and Russell A. and Leigh A. Campbell (hereinafter collectively referred to
as "LICENSEE ") acting by and through their authorized representatives.
WITNESSETH:
WHEREAS, LICENSEE own the real property improvements located at 944 Brentwood
Drive and being more particularly described in Exhibit "A ", attached hereto and incorporated
herein as set forth in full; and
WHEREAS, LICENSEE desires to fence (hereinafter referred to as the
"IMPROVEMENTS ") and utilize the ten -foot City right -of -way easement for Deforest Road
dedicated with the final plat of Villages of Coppell Phase IIIB, Volume 92218, Page 3565, as
shown on the attached plat marked Exhibit `B" and map marked Exhibit "C" 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:
I. Purpose: CITY hereby grants LICENSEE an irrevocable license, for the purpose of
fencing and maintaining the City right -of -way easement (the "PERMITTED
IMPROVEMENTS ") and being more particularly depicted on the plat marked Exhibit "B" and
map marked Exhibit "C" attached hereto and incorporated herein for all purposes. With the
exception of the fence, no permanent structures shall be allowed within the City right -of -way
easement.
2. Term: The term of this License shall be perpetual, subject, however, to termination by
the CITY as provided herein.
3. Non- exclusive: This License is nonexclusive and is subject to any existing utility,
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.
License Agreement - Page 1
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 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,
License Agreement - Page 2
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, their officers, employees, agents, contractors
or assigns in any respect to comply with and perform all the requirements and provisions hereof.
9. 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
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 right -of -way casement.
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
party.
13. 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.
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.
License Agreement - Page 3
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
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 , —t' of , 2003.
CITY OF COPPELY '
LN
JIM WITTVMY MANAGER
ATTEST:
Y BAkL, CITY SECRETARY
ACCEPTANCE ACKNOWLEDGED BY:
LICENSEE:
Russell A. Campbell
By:
L igh A. Campbell
License Agreement - Page 4
CITY'S ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF DALLAS
This instrument was acknowledged before me on the,:�2y*_'Leay of ,
2003, by Jim Witt, City Manager of the City of Coppell, Texas, a Texas munic lity, behalf of
said municipality.
Notary Pub li , tate of Texas
My Commission Expires:
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Exnacs
License Agreement - Page 5
STATE OF TEXAS
COUNTY OF DALLAS
ACKNOWLEDGMENT
-1.
This instrument was acknowledged before me on the •_� day of
2003, by Russell A. Campbell.
PAULA J. CROCKER
MY COMMISSION EXPIRES
%Y October 17, 2004
STATE OF TEXAS §
COUNTY OF DALLAS §
My Commission expires: c • t �Z
This instrument was acknowledged before me on the day of
2003, by Leigh A. Campbell.
PAULA J. CtiOCKER
y ' MY COMMISSION EXPIRES
,'•/^� •'a, October 17, 2004
License Agreement - Page 6
UG USA I
Notary Public, Stale of Texas
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My Commission expires: rl �u -] tt)
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LOTti 25 THROUGH 11. PLOCK A
VILLAGES OF COPPELL
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Lot 2 r. Lot 1 Charlene
Richard Curtis Haney LeiicR M Hanish Silvia Gravely Kenneth E. Jack c's L.
(voLraf.Pp.sa1) NoLOOO.Pe.a01) Eeae-r5es Moranish Mclanish MOlnnish ,III
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Place Of Commencing
NETTIE LONG ADDITION
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_ SJ:} TOTAL ACRES 10.9527
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3J~ VARIANCES FROM"SF-O' ZONNING q LOT ci OP COPPELL.TE]G8
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GRAND/LAKES OF COPPELL III
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3E Mdkatee 3'gds BuApinq LMe To FloodwgylEat Pen(Llne�t Lot LM° - GI SURVEYOR
■Inalcotee front Of Lot TIPTON ENGINEERING, INC.
LOCATION MAP
®Intllcalee Min.ilnish flow Elevation
TYPICAL SIGHT ESM•T. DETAIL °y°m* eoa.aune c-ceeu5a.,cu 1so0-90 xo 1z,.1¢s-x91
TYPICAL LOT DETAIL #.990,0
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EXHIBIT "B"
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JIFF IF FF '�T 0 100 20D Feet
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BRENTWOOD DRIVE
BRENTWOOD
License Agreement
924 -Lot 35 928 -Lot 34 932 -Lot 33
936 -Lot 32, 940 -Lot 31 and 944 - Lot 30
Brentwood Dr., Villages of Coppell Phase 111 B
Exhibit 'C'
r J T N - [ C I T T O F
COPPELL
d B
Created in GIS,