Reserve-AG031209 T " ` • ` I T V ' ° F DEPT: F 'ineering/Public Works
AGENDA REQUEST FOR,. COPPELL
DATE: December 9,2003
t x b n ITEM#: 8/F
ITEM CAPTION:
Consider approval of a License Agreement between the City of Coppell and Curtis and Susan Davenport, the
owners of the property at 257 Rosemount Court(Lot 3, Block B, The Reserve), to allow the construction of a wall
for erosion protection; and authorizing the City Manager to sign.
APPROVED BY Motion to Approve
CITY COUNCIL M - Suhy
S - Brancheau
f ON ABOVE DATE vote - 6-0
11 1 Tunnell absent
GOAL (S): �sl EJ �-
EXECUTIVE SUMMARY:
Approval of this License Agreement will allow for the minor encroachment onto Grapevine Springs Park property
to construct an erosion control wall to protect the property at 257 Rosemount Court.
Staff will be available to answer any questions at the Council meeting.
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FINANCIAL COMMENTS:
Digitally
signed by
Jim Will
ON.
cn=Jim
Wilt,
J o=City of
Coppell,
c=US
Date.
DIR. REVIEW: , FIN. REVIEW: CM REVIEW: 200312.0
Nora -0600 05
Mbe -06'00'
Agenda Request Form-Revised 09/02 Document Name: #GrapevineSpringsPk-1 AR
MEMORANDUM
FROM THE
DEPARTMENT OF ENGINEERING
To~
From:
Date:
RE:
Mayor and City Council
Kenneth M. Griffin, P.E., Director of Engineering/Public Works
December 9, 2003
Consider approval of a License Agreement between the City of Coppell and
Curtis and Susan Davenport, the owners of the property at 257 Rosemount
Court (Lot 3, Block B, The Reserve) to allow the construction of a wall for
erosion protection; and authorizing the City Manager to sign.
On July 26, 1994 the City of Coppell approved an Open Space Use Agreement between the City
of Coppell and Dallas County concerning use and maintenance of what is called Grapevine
Springs Park south of Bethel Road. This agreement assigned responsibilities to both entities and
noted that the administration would be by the City of Coppell for a period not to exceed 99 years.
The Open Space Use Agreement was adopted by Dallas County on September 20, 1994. In
essence, Grapevine Springs Park is owned by Dallas County but is under the City of Coppell's
use up to the year of 2093. Recently, the homeowner at 257 Rosemount Court approached the
City concerning ways to protect his yard, which was showing signs of erosion.
In discussions between, the property owner and the contractor, it was determined that to provide
for a proper wall footing, the wall itself shotild be founded on the shell near the creek bed of
Grapevine Creek. The property owner then approached the City concerning encroachment into
Grapevine Springs Park. At that point, the City }lirected him to Dallas County. The property
owner met with Mary Phinney of Dallas County conce,rning the encroachment and she offered no
objections to the slight encroachment into a portion of Grapevine Springs Park. In no way would
this encrouchment impede the utilization of Grapevine Springs Park. It is on the opposite bank
away from the usable area of Grapevine Springs Park.
In discussions with the City Attorney, it has been noted that the City of Coppell does have the
right to allow the minor encroachment onto the park property under the Open Space Use
Agreement. In discussing the best way to handle this, it was determined that a license agreement
that has been used in similar situations of encroachment onto City property would be the best
mechanism to bring about the construction of the erosion protection for the property at 257
Rosemount Court.
In my discussions with the property owner, it was made very clear that the construction of the
wall to protect this property would not afford him the opportunity to utilize the area and/or
"CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN"
relocate his fence outside his property line. As can be seen on the Section A cross-section, by the
time the wall is stair-stepped up it is very near his southern property line.
The license agreement requires that plans be submitted and approved by not only the Building
Official, but also the City Engineer for the installation of the wall. The license agreement also
very specifically states that this agreement is between the City of Coppell and the currant
property owners at 257 Rosemount Court, Curtis and Susan Davenport.
Based on the Open Space Use Agreement of 1994 and the verbal approval from Dallas County
and the fact that there will be no material benefit to the property owner, other than the protection
of property and that the City of Coppell would bare no cost associated with the erosion
protection, the Engineering Department offers no objections to the approval of the license
agreement between the City of Coppell and Curtis and Susan Davenport, owners of the property
at 257 Rosemount Court.
Staff will be available to answer any questions at the Council meeting.
"CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN"
MEMORANDUM
FROM THE
DEPARTMENT OF ENGINEERING
To:
From:
Date:
RE:
Bob Hager, City Attorney
Kenneth M. Griff'm, P.E., Dir. of Engineering/Public Works
August 18, 2003
Encroachment into Grapevine Springs Park
The City of Coppell has been contacted by a property owner at 257 Rosemount concerning the
construction of a retaining wall to protect against erosion occurring adjacent to his property in
the Grapevine Springs Park area. In 1994, the City of Coppell entered into an open space
agreement with Dallas County concerning the use of Grapevine Springs Park. I am seeking a
legal opinion as to whether or not the City of Coppell, acting on its own, has the right to allow
an individual to construct a retaining wall within Grapevine Springs Park on property that is
technically owned by Dallas County.
A representative from Dallas County, Mary Phinney, has indicated to the property owner that
Dallas County does not have a problem with the encroachment. However, the open space
agreement was approved by Dallas County Commissioners Court and executed by the Mayor of
the City of Coppell.
I am unsure as to our rights in allowing the encroachment without seeking a modification to the
agreement. Upon your review of the agreement, does the agreement allow us the flexibility to
allow encroachments on the Grapevine Springs Park property?
The property owner is aggressively pursuing this request so any help I can get in expediting your
opinion would be appreciated.
"CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN"
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PROPOSED EROSION
CONTROL WALL
OC C
APPROX. APPROX.
15' 10'
APPROX.
25'
GRAPEVINE SPRINGS PARK
Proposed Erosion Control Wall
257 Rosemount Court
COPPED
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Created in
S:\ScotrArc View\misc_exhibits.apr\257Rosemount
STATE OF TEXAS §
COUNTY OF DALI. AS §
1ACENSE AGREEMENT
THIS AGREEMENT is made by and between the City of Coppell, Dallas County,
Texas, a Texas home rule municipal corporation (hereinafter referred to as "City"), and Curtis
and Susan Davenport, et ux (hereinafter collectively referred to as "Licensee") acting by and
through their anthorized representatives.
WITNESSETH:
WHEREAS, Licensee desires to place, install, and maintain a retaining wall consisting
of Anchor Diamond Pro wall face, compact fill, and draining aggregate ("The Improvements") in
a City park ("Thc Property") at or near the residence of Licensee, as more specifically described
in Exhibits "A-I" and "A 2," attached hereto and incorporated by reference herein; and
WHEREAS, Licensee desires to construct or caused to be constructed The
Improvements within The Property for the purpose of preventing erosion of the land supporting
his residence adjacent thereto, i.e., a retaining wall, as more specifically described in Exhibit
"B," attached hereto and incorporated by reference herein; and
WHEREAS, Licensee has requested the City allow the use and occupancy of the
Property for Licensee to maintain hnprovements for such time and under such conditions as
specified herein; and
WHEREAS, such Improvements will encroach upon Park Property ("Encroachment")
and Licensee has requested the City to allow such Encroachment; and
WIIEREAS, the pertinent departments within the City have reviewed L censee s request
and recommend approval thereof, subject to the terms set forth herein; and
WHEREAS, the City desires to grant Licensee the privilege to place and maintain "The
Improvements" m The Property upon the terms set forth in this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants contained in this
Agreement. the City and Licensee agree as follows:
GRANT OF IACENSE
1,1 License to Construct and Maintain The City' hereby licenses and authorizes the
Licensee at all times during the term of this Agreement to place, install, and maintain ]'he
Improvements on The Property. for the purpose of erosion control and public safety, subject to
the terms and conditions contained in this Agreement.
(6fl556}
1.2 Exclusive [!se. l'he lScensee may place, install, and maintain in the The
Improvements in The Property to be used exclusively for the purposes of preserving the
Licensee"s residence and managiug storm `,rater.
Il.
CONDITIONS PRECEDENT AND Elq; ECI I$ E DATE
2.1 Prior Plan. Licensee hereby agrees to submit to the Building Official and to the
City Engineer the City plans for the placement, arrangement, and installation of The
Improvennents.
2.2 Certificate of Compliance. Licensee shall formally certify that The ImproYements
have been designed in accordance with the City's storm water management plan, and that Thc
hnproverncnts ',,,'ill not exacerbate flooding downstream
2.3 Review by CiLv. The City, as provided in Section 2.1, shall review the plans and
make modifications to the plans as they. m their sole discretion, consider reasonably necessary or
appropriate.
2..4 Approval and Effective Date. This Agreement and the rights and obligations
hereunder shall become effective when the City has executed the agreement and approved the
plans. The Licensee agrees to place, arrange, or install The hnprovements in, under, or onto The
Property according to the approved plans. The Licensee shall not place, arrange, or install any
articles in, under, or onto The Property before the plans have been approved. The City retains
the right to remove any article or all articles placed in, under, or onto The Property at any time
and retains the right to modify or amend the plans at any time after the Effective Date of this
Agreement. upon reasonable notice to the Licensee, such notice informing the Licensee of the
purpose and reasonableness of the modification(s) or amendment(s).
II1.
INDEMNIFICATION ANI) INSURANCE AND PERFORMANCE BOND
3. l Liabilities, Losses, or Damages. Licensee agrees to indemnify and save harmless
the City, its officer, employees, and agents, from any liability or damages any of them ma,/suffer
as a result of claims, demands, suits, jndgments, costs or expenses, including expe~lses of
litigation and attorneys' fees, arising out of the usc, maintenance, or operation of The
Improvements installed by thc 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 sub-licensees, agents, employees, customers and invitees, except when
c~msed bv the willful misconduct or negligence of City, its officers, employees or agents, and
only then to the extent of thc proportion of any fault determined against City for its willful
lnisconduct or negligence.
3.2 Period Covered. The indemnity provided by this Agreement will extend from the
date of this Agreement to ten (i0) years from the calendar date of the termination of this
Agreement.
3.3 Expenses, Attorneys' Fees, and Costs. If tile City, in the enforcement of this
Agreement, shall recur necessary expenses, or become ohligated to pay attorneys' fees or cotlrt
custs, thc Licensee agrees to reimburse the City promptly for such expenses, attorneys' fees, or
costs after receiving notice from the City of the incurring of such expenses, costs, or obligations.
3.4 Interest. The Licensee agrees to pay the City interest at tile rate of ten percent
(10%) per annum on any necessary expenses or costs incurred by the City in the enforcement of
this Agreement, or on any sum that the City is obligated to pay with respect to the matters for
which indemnity is given in this Agreement, from the date such expenses or costs are incurred,
or such sums are paid.
3.5 Notice of Claim Against. The City agrees to give the Licensee prompt written
notice of any claim made against the City on the obligations to be indemnified by tile Licensee
hereunder.
3.6 Limitation on Liability. The City and the Licensee agree that the provisions of
Article ii of this Agreement shall not in any ',,,'ay limit the liability of the Licensee.
3.'7 Construction Insurance.
(a) The Licensee agrees to can'y and maintain liability insurance during
construction of tile Improvements to cover the cost of construction of such improvements
and shall provide a certificate of insurance from the Licensee or construction company
from liability during tile coustruction phase of The hnprovements in the amount of
$1,000,000.
(b) Licensee shall be in substantial compliance with this section by obtaining
a certificate of insurance, sufficient to fulfill the foregoing requirements, from any
contractor or subcontractor responsible for the construction of The Improvements, audi
deposits said certificates with the City. Licensee shall at all times defend, protect,
indemnify and hold City harmless against and from any and all loss, cost, damage, or
expense, inclnding attorney's f)es arising out of or from any aud all claims or causes of
action resulting from any failure of Licensee, its sub-Iiccnsces, employees, agents.
contractors or assigns in any respect to comply with and perform all the requirements and
provisions hereof. Licensee shall provide City evidence of public liability and property
damage insurance in minimum amounts equal to City's liability under the Texas Tort
Claims Act and such coveruge shall include City as an additional insured.
(61)>56)
(c) Sncb policies of insurance shall be issued by companies authorized to
conduct business in the State of Texas and shall name the City as additional insured.
(~ertificates evidencing such insurance contracts shall be deposited with the Risk
Manager for the City. The policy limits provided in the Agreement shall change ill
accordance with the provisions for maximum liability under the Texas Civil Practice and
R_elnedies Code as applicable.
(d) Licensee shall at alt times defend, protect, indemnify and hold City
harmless against and from any and all loss, cost, damage, or expense, including
attorney's fees arising nut of or from any and all claims or causes of action resulting from
any failure of Licensee, its sub4iccnsees, employees, agents, contractors or assigns in any
respect to comply with and per[otto all the requirements and provisions hereof. Licensee
shall provide City e~idence of public liability and property damage insurance in
ininimum amounts equnl to City's liability nnder the Texas 'Fort Claims Act and such
coverage shall include City as an additional insured.
3.8 Mechanic's liens not permitted. Licensee shall fully pay for all labor and
materials used in, on or about thc property and will not permit or suffer any mechanic's or
materialn~an's liens of any nature to be affixed against tire property by reason of any work done
or materials furnished to the property at Licensee's instance or request since the same is on
public property which is not subject to execution.
3.9 Performance Bond. LICENSEE shall be required to provide a Performance Bond
tn an amonnt sufficient to fully pay all labor, contractors, subcontractors 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 clone or materials furnished to
the property at LICENSEE's instance or request.
IV.
ASSIGNMENT
4. l Nonassignable. This License is personal to the Licensee, until such time as The
Improvements are constructed. It is nonassignable prior to construction and any attempt to
assign tile License, prior to construction, will terminate the License privileges granted to
Licensee under this Agreement.
42 *Vritten Consent. In the event Licensee desires to assign this License, prior to
construction of The Improvements, Licensee must obtain the written consent of the City and
Dallas County, acting by and through its Commissioners' Court.
4.2 Legal Construction. After construction of The hnprovements, the provisions and
restrictions of this Agreement are hereby declared covenants running with tile property and are
fully binding on all successors 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 prat hereof, thereby agrees and covenants to abide by and fully perform
tile provisions of this agreement with respect to tile right, title or interest in such property.
TERMINATION
5. I Termination. This Agreement may' be terminated in any of the following ways:
Written agreement of bolh parties;
Upon thirty (30) days written notice of termination by' the City;
c. By City' upon failure of Licensee to perform its obligations as set
forth in this Agreement;
d. By' Dallas County and the City abandoning any interest in The
Property; or
e. By Licensee discontinuing or abandoning the use of The
hnpro,,ements, or by Licensee removing The Improvements fi'om The Property.
5.:2 Notice of Violation. In the event that the City believes that Licensee has riot
complied with the terms of this Agreement, it shall notify L censee in v, riting of the exact nature
of the alleged default.
5.3 Action upon termination. At such time as this License may be terminated for any
reason whatsoever, Licensee shall remove The Improvements and all appurtenances owned by' it
or its sub-licensees, situated on The Property and shah restore such property to substantially the
condition of the property prior Io Licensee's use, at Licensee's sole expense.
LIMITATIONS
6.1 Restrictions. This License is made expressly subject arid subordinate to the right
of City to possess and use the property for a public purpose. Licensee acknowledges that the
City has relinquished its legal right to the Property, and conveyed such to Dallas County
pursuant to the Dallas County Park and Open Space Program.
6.2 Exclusive. This License is for the exclusive use of Licensee during the term
hereof, but is subject to any' existing or future utility, drainage, or communications facilities
located in or to be located in, on, under or upon The Property'.
6.3 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 Yvithout limitation, the Comprehensive Environmental Response,
Compensation and Liability act of 1980 ("CERCLA"), tile Resource Conservation and Recovery
Act of 1976 ("RCRA"), tile Texas Water Code and the Texas Solid Waste Disposal Ac~.
Licensee warrants that the use of the property x~ill not result in the disposal or other release of
any hazardous substance or solid waste on or to tile property, and that it xvill take all steps
60556~
necessary to ensure that no such hazardous substance or solid x~ aste ,,*,'ill ever be discharged onto
the property or adjoining property by l~icensee. 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 tire property under this License.
VII.
GENERAL PROVISIONS
7.1 Governing Law. This validity of this Agreement, the construction and
enforcement of its lerms, and the interpretation of the rights and duties of the parties shall be
governed by the laws of the State of Texas. Venue for any action shall be in Dallas County,
Texas.
7.2 Amendment. No amendment, supplement, or waiver of this Agreement or any of
~ts provisions shall be binding upon the parties hereto unless made in writing and duly signed by
all parties.
7.3 Waiver. A failnre or delay of the City to enlbrce at any time any of the provisions
of this Agreement, or to exercise any option that is provided in this Agreement, or to require at
any time performance of any of the provisions of this Agreement, shall in no way be construed to
be a waiver of such provision of this Agreement.
7.4 Entirety of Agreement. This Agreement, together with the preliminary recitals
and Exhibits A-l, A-2, B, and C attached hereto and incorporated by reference herein, constitutes
the cntire Agreement between the City and the Licensee and supersedes all previous agreements,
promises, representations, whether written or oral between the City and the Licensee with
respect to the su[~ject matter of this Agreement.
7.5 Headings. The article and section headings in this Agrcement are tbr convenience
only and do not constitute part of this Agreement.
7.6 Sole Benefit. Nolhing expressed or referred to in this Agreement is intended or
shall be construed to give any person, firm. or entity, other thau the City or the Licensee, any
legal or equitable right, remedy, or claim under or m respect to this Agreement or any provisions
in this Agreement. It is the intention of the City and the Licensee that this Agreement, the
assumption of obligations and statements nf responsibilities herein, and all condmons and
provisions of this Agreement are for the sole benefit of the City and Licensee, and for the benefit
of no other person, firm, or entity.
7.7 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 rclation to 'this
Agreement shall be entitled [o recover court costs and reasonable attorney's fees from thc non
prevailing palty.
7.8 Notice. Any notices or other communications required or permitted to be given
trader this Agreement, nnless othemise specifically provided, shall be deemed given il' sent by
{60556!
certified mail, return receipt requested, postage prepaid, to such party at its address set forth
below and shall be effective as of the date of actual delivery of the notice. Either party may
change its notice address by a written notice as provided herein.
EXECUTED this /0 ~day of ~.~.~, 2003.
City Attorney"'
CITY OF THE COPPELL, TEXAS
By: ~ '
J~, City Manager
CITY'S ACKNOWLEDGMENT
STATE OF TEXAS §
· ~ i,~,~me.,~ ,v~ ~k.ow~e~ b~ro~e me o~ ~h~ ~d~, o~
2003, by Jim Witt, City Manager of the City/'Cl~Coppell Texas, a Texas home rule municipa;
corporation, on behalf of said municipality. / ] ,q .4
!1 ~.~'i~'~ PAUl~a CROCI(Em ]1 Nottary Public, Statelof~Texas / /
11-~¢'~;3,,..,...... M. 0oMM,i's,o.~×.,.E~O~,o~,,.~ l! Mv, Commission· Exb~res.' ,' /
(60556)
EXECUTED this
day of
LICENSEE
,2003.
Curtis Davenport
ATTEST':
S LlSall Davenport
ATTEST:
Title
Name
Title
APPROVED AS TO FORM:
Counsel for Licensee
(60556)
LICENSEE'S ACI~NOWI,EDGM ENT
STATE OF TEXAS §
COUNTY OF DALLAS §
Tllis instrument was acknowledged before me on this
by Curtis Davenport, Licensee.
day of
, 2003.
Notary Public, State of Texas
My conm~ission expires:
LICENSEE'S ACKNO;VLEDGMENT
STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on this
by Susan Davenport, Licensee.
day of __
,2003,
Notary Public, State oI Texas
My commission expires:
EXHIBIT A- l
LEGAL I)ESCRIPT[ON OF DAVENPORT PP, OPERTY
LOT 3, BLOCK B THE RESERVE
257 ROSEMO[JNT COURT, COPPELL, TEXAS 75019
As ORIGINALLY }:ILED FOR RECORD ON DECEMBER 27, 1999
VOL 99249 PAGE0023
AND
P*EVISED BY MINOR AMENDING PLAT
OF THE RESERVE
AS FILED FOR RECORD ON SEPFEMBER 18, 2003
VOL 2003185 PAGE 00 1
(60556)
EXHIBIT A-2
LEGAl. DESCRIPTION FOR PARK
556',
BEING a ~ 2q6 acre tract of land out of the 3 A Bl mmom~
3urvey. Abstract NO 129§ ia the City Of CoDpell in Qali~
THENCE South 02 desree~ 27 m~nute~ 30 ~econd~ We~t alon~ ~aid
Ca~t line of Par~ Road for 5~6 07 feet to a found 7/8 inch iron
TRACT 2
TH~C~ North 39 desreo~ 59 minute~ 55 ~econds East for 178.~3
THENCE South ]g deErees 59 m~nutes 55 ~econd~ We~t for 222 93
THENCE North ~& deBree~ 28 minutes 08 seconds We~t for 313 9g
feet to the POINT OF BEC[NNING and CONTAINING 29T,~95 ~quare
TRACT 3
COMMENCING at a found !/2 inch iron rod at the intergection of
th~ ~outh lzme of Bethel Road (50' R 0 W ) and th~ e~st line oE
THENCE South 39 dcBrees 59 minutes 55 seconds West for 207 32
Grapevine Springs Park
Area Totals, Tracts 1-3
Exhibit A-2
EXHIBIT B
SCHEMATICS FOR THE IMPROVEMENI'S
The Anchor Diamond ProTM features a one square foot of walt face that makes estimating and
installation easier. The integral rear lip e~iminates guesswork and greatly simplifies your work
with easy instaltation. Labor costs are also reduced by automatically de[iveriog a quick
uniform setback. The warm earthtooe colors and rugged natural rock texture make the Anchor
Diamond ProTM an attractive addition to any landscape.
Anchor Diamond Pro'~ gpecil'ications
geve[ed Face Unit Straight Face Unit
8"x 18"× 12" 8"x Ig"x 12"
72 ~bs 72 lbs
$ 0 sq ft. coverage 1 0 sc] fL coverage
1" (26mm) se~ back !" (25mm) set back
(approx. 71°) (apprax. 710)
Cap Unit Corner Unit
18 k~j 46 kg
225mm
Anchor Wall Sysfems
5959 Baker Road, Suite 390 Minnet(mka, MN 55345 5973
For more information call us tolL-free at 1 877 2955415, or call I 952 933 8855 or visit wwv,.anchorwa~[ corn
R£TAININC WALL SYST£MS
land Stone
H!gh_ ....
The newest addition of our Anchor Wa[I Series, the Anchor Highland StoneTM has been designed with the texture and look
natural sic)ne. This unique three piece system offers a hand hewn ~adng that accommodates a stone like appearance With
patented recur lip, setback and alignment c~re facilitated resuhbg in faster, mare relic)bio construction. Avai[c)ble in blended
earthtone colors, the Anchor Highland Stone~' makes an architectural statement in segmental retaining wall systems
COMPOSITION AND MANUFACTURE
Anchor High[and .StoneTM is made f~om a 'oo slump' concrele mix Made under extreme pressure and high frequency vibrations,
Anchor Highland Stone''~ }:as a compressive strength greater than 4000psi and a water absorption maximum of 7%.
INSTALLATION
1. stake out Ihe waifs pracement. Excavate for the level[n§ pad lo the lines and grades shown on the approved plans and excavate enough
behind the wail for the reinforcement material. The trench for the leveling pad should be a minimum wld~h o~ I B inches and 9 inches deep
2. Leveling Pad: An a~gre§ate leveling pad is made of a good compoctible base material of 3/4 inch minus with fines The pad must extend 3
inches in front and behind the [irst course of slone, and be at least 6 inches deep Compact the aggregate and make sure it is level
3. Base Course: Run o Cring line along the back o~ the stone to align Ihe .,,,all unlts Begin raying the 18" wide stone at the lowest elevation al
he wall Remove the rear lip of the Cone so that it will lie ~at on the leveling pad Place the stones side by side, flush against each elher, and
in full contact with Ihe JeveJing pad Level ~ront to back and side-to side Check the stones or proper a ignment.
4. Next Lif~ Constr~ction: Cleon any debris off the ~op oF the stones Pbce the second course o~ stones, large, medlum and small, on the base
course while maintaining running bond and push each stone as far as possible to ensure the correct setback. Fdr all voids behveen and within
concrete wall units ,,v dra nage aggrega e Backfi wit} ] 2 inches of
drainage aggregate directly behind the s~one and soil hlJ behind the ~]~LJCATIONS
aggregate Compact the back~ill before the next course is taid Avoid Terrace C.-ordens · landscape Re~a[nlng Wa[rs · Ceosynthetic
driving heavy equipment near tile wall Hand o~erated ec~uipment Refn~rced Walls
should be used within 4 ~eet al the wall units, or baffo[ the wc]ll height
5. Drainage Design: Place the drain tire as tow os passible behind ~he wall
,.-- so water drains down and away from Ihe wall inlo a storm drain, or to
an area lower than the wall. Fill in the area behind the stones with
dralnage aggregale at roast 12 inches ~rom the wall
6. Compaction: Shovel the in-fill soil behind the drafnage aggregate and
compact Ihe b-fill with a tom,active device Make sure ~he aggregate
is level wilh or slighHy below the ~op al the base course
7. Relnbrcement: Check your Waft Construction plan for which courses
· ,.,'ill need reln[arcement grid Measure and cut the reln[orcement grid
to the design length in the plans The rein[orcemen~ grid has a design
strength direction, which must be laid perpendicular to the wall. Ptace
the ~ront edge of the material on the course, as per wall plan, 2 inches
from the face al ~he stone Apply the next course of Cones to secure it
in p ace Puli the rein[orcement taut and~in the bock edge in place with
sakes Add drainage aggregate behindthe stones, then addthe in-fill
sall and compact it. Place the [Toot edge of the reinforcement on top of
the stone, making sure it is withln 2 inches of the ~ace oF the stone A
mbimum of 6 inches al back[ill is required prior to operating vehicles
on the rein[arcement.
8. Finish Grade and Surface Drainage: Pro,ed your wall with c) [inished
~rrade at the lop and bottom. To ensure proper water drainage away
om the wall, grade crest al wall ~o accomndate positive drainage
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EXHIBIT C
OPEN SPACE USE AGREEMENT
(60556)
COURT ORDER
ORDER NO.
DATE ~1~ 2 0 1~,~
STATE OF TEXAS
COUNTY OF DALLAS
1519
BE IT REMF~4BERED,
County, held on the 20th day of September
Nancy E. Judy, Commissioner of District No. 2
Jim 3ackson; Co~issiouer of District No.
at a regular meeting of the Commissioners Court of Dallas
, 1994, on motion made by
, and seconded by
,the
following Order was adopted:
in 1991, Dallas County received a donation of 15.537 acres of park
land from the Baptist Foundation of Texas; and
this acreage, which has since been named Grapevine Springs Park
Preserve, is located within the City of Coppell; and
WHEREAS ·
the City of Coppell has agreed to maintain this Preserve, in
accordance with the attached use agreement, for a period not to
exceed ninety-nine years; and ~
such an agreement is consistent with County Park & Open Space
Policy.
NOW THEREFORE, BE IT ORDERED, ADJUDGED AND DECREED that the Dallas County
Commissioners Court approves the use agreement for Grapevine Springs Park
Preserve with the City of Coppell and authorizes the County Judge to sign
said use agreement.
DONE IN OPEN ~URT this the 20t__h day of September , 1994.
Lee FI~. J~ckson ~Ji~' Jacks~ ~ [I Nancy E.( ~ud~ \
Count~dge C~missi~ e~]~s~ $1 ~ssi~is~.~2
~ohn Wiley Pr/c~~ - ~S ~.~e~os
/ Co~iss~one~Dist. $3 Co~issioner Dist. $4
~~ded by ~~ ~
OPE~_SPA~E USE AGR~ME~NT
THE STATE OF TEXAS §
COUNTY OF DALLAS §
WHERF~S, the City, of Coppell and the County of Dallas desire to promote the
preservation of open space areas and natural park lands for the use and benefit
of the public and future generations: and
WHERFAS. the City of Coppell and the County of Dallas desire to allocate
by mutual agreement the responsibilities for governmental functions and services
which are or may become necessary for the best use of acquired open space areas
in accordance with the Adopted Policy of the Dallas County Park and Open Space
Program, and pursuant to the Texas Interloca~ Cooperation Act, Chapter 791,
Government Code; Now Therefore,
WI TNES SETH :
This agreement, by and between the County of Dallas. Texas, acting by and
through its Comratssioners Court, hereinafter called "County". and the City of
Coppell, Texas, hereinafter called "City", and in consideration of One Dollar
($1.00), the recelpt of which is hereby acknowledged, and of the mutual covenants
and agreements of the parties hereto to be by them respectively kept a6d
performed, and hereinafter set forth, shall be as follows:
City agrees to relinquish whatever legal right it may have to the property
described below in Section III.
II.
County and City agree that the land for open space use will be acquired in
fee simple by County and that the County will be responsible for ~11 acquisition
costs, if any occur.
III.
The County and City agree that the 15.537 acres of open space property.
more fully described as Grapevine Springs Park Preserve, which is located at the
end of Park Street, between Bethel Road and the STL&SW Railroad, west of Denton
Tap Road. shall be administered by the City for a period of time not to exceed
ninety-nine (99) reams, beg,nning with the date of execution hereof, subject to
the terms and conditions hereinafter set forth, and which shall be renewable by
mutual consent of both parties. The official property description for this site
is attached to this Use Agreement as Exhibit A.
The County ae~ees that the City may develop the property for public outdoor
recreation provided such development is consistent wlth the park's h~stor~cal
integrity and the County's Park and Open Space policies and is approved by the
County. Converszon of the property to any use other than for public outdoor
The County will conduct a park dedication ceremony and wi]] undertake the
followin~ reclamation activztJes:
Install two Dallas County Park signs; remove overgrown vegetation from ~he
park's flumes and tra~ls: remove vegetatxon that otherwise t~reatens the park'~
archxtectural structures: install handrails for three sets ot rock steps: ~a0
open wells; construct an erosion control improvement a~on~ the creek:, add new
surface material to the tra~ls; and install cable-linked bollards on the island
side that borders the erosion control ~mprovement.
The County will also install two pedestrian foot bridzes across Grapevine
Creek. ln[tiallv, these two bridges wxl] have w~dths of about 6.5 feet.
However. should sufficient grant funds and donations be obtained, then one or
more of these bridges, if the City so desires, will be replaced with a wider
structure that will accommodate the City's mowing equipment.
The County will also seek to undertake any repa~r/restoration work to the
park's wails, 8BQ p~ts. flumes, and dam that may be needed once the overgrown
. vegetation has been removed. Such repair/restoration work, as well as the
{nstalIed bridges and erosion control work, sha]i be consistent w~th a work
schedule agreed upon by the Count)' and City.
The County will also improve Park Street. which ]eads {nto the park, and
construct an 8-space parking lot for the park on c~ty right-of-way that dxrect]v
abuts the park. The City will contribute $1.500 towards the ~mprovement of Park
Street and shall review and approve the plans for the street zmprovements and the
parking area.
The value of these aforementioned restoratlon"reclamat~on activities and
improvements shall be at least $100.000.
2
OPEN' S[~ACE I.ISE AGREE~.,~T
VIII.
shall formallv certify [hat the improvement has been designed in ~ccordance with
these ~,.qu~r,-ments and thus should no[ be responsible for exacerbatin~ floodine
tX.
Once reclaimed, the City agrees to mow the area contained tn the original
szx-ac~e WPA park (see £~hibit B) on a regular basis consistent with that
other d evelooed parks within the City and ~o ~enerally maznta~n this property.
other natural or man-made conditions that would diminish the natural qualities
the public.
The County. using its Community Service work crews, agrees to assist the
City ~n mowing the park's ~sland. which is approximately one acre zn size, until
one of the initial br~d~es can be replaced w~th a wider structure as discussed
in Section VII. In providing th~s mowing assistance, the County shall mow the
island twice a month during the months of April-September.
The City also agrees, once initial installation and/or restoration work has
been completed, to maintain the park's structures, improvements, and facilities
(~.e.. flumes, parking lot. walls, bridges, dam, BBQ pits. etc.), as well as any
other phvsical features that may be added by the City with the County's approval.
at some later date, In the event of substantial damage caused by an act of God.
the City may ask the County to consider funding some of the repair costs.
The City and the County agree that ail restoration, maintenance.
znstallatxon, and construction work wkll be done utilizing mater~al that is
readily a~a~lable, reasonable in price, and comparable in style with the pack's
original materials.
×I.
The City agrees to assist the County in its efforts to raise funds from
zovernmenta[ ent~t~es, private foundations, organizations. COrporations, and
individuals for any restoration work that may be needed. The County similarly
agrees to assist the Czty in obtaining funding for any new capital improvements
that the City may wish to construct. ~lth the County's approval, at the site.
3
OPEN' SP~CE tSE \t;REE?!FNT
XIV.
The City and County shal! perform and exercise all rights, duties,
functions and services in compliance with all applicable Federal, State. and
local laws and regulations.
If the City or County fails to fulfill any cond.ition or term of this
Agreement. then upon ninety (90) days written notice to the City or County. the
City or Count~ may take any corrective action reasonable or necessary to effect
such conditions or terms: for which, the County, or City shall bear ali costs.
Furthermore. the Co!lrlly may require the City to remove any. or all improvements.
fixtures, or other alterations to the aroperty for which the C~ty was responsible
for constructing prior to date off termination, for which the City shall bear
costs.
XVI .
Th~s agreement may be terminated by the mutual consent of both Cztv and
County. Upon termination, the County agrees to provide the City reasonable' time
to remove portable equipment or facilities, and the County agrees to purchase all
duly authorized permanent ~mprovements erected by the City on the property at a
price that shall represent the original cost of such improvements m~nds
depreciation.
×VII.
The City agrees to save, protect, defend, and hold harmless the County from
any and all suits, claims, or causes of action which may arise out of or in any
manner be connected with the operation of recreation or development programs o~
the negligence of City employees, agents, or servants, to the extent provided by
law: provrded, however, that this indemnity Agreement does not cover or ~nclude]
(a) any liability or obligation of third parties based on any contract
to which the County is not a party; and
(b) any tort claim or liability for which the City would not be liable
if the same ~ere asserted directly against th~ City.
OPEN SPACE USE AGREEMENT
The County agrees to save. defend, protect, and hold harmless the City from
any and all su~ts, claims, cause of actions, or public liability which may arise
out of County operations of programs, to the extent provided by law: provxded.
however, that this inderrmity Agreement does not cover or include:
(a) any liability or obligation of third parties based on any contract
to k'hich the County is not a part: and
(b) any tort claim or liability for which the County would not be liable
if the same were asserted directly against the County.
Nothing herein shall be deemed in any manner to constitute a waiver of any
immunity or affirmative defense which may be asserted by the County or the City
pursuant to law. Nor shall this provision be in any manner construed to create
a cause of action for the benefit of any person not a party to this Agreement,
or to create any rights for the benefit of any person not a party to this
Agreement not otherwzse existing at law. '
XVI I I.
This Agreement shall not become effective until it has been approved by the
City Council and the Cor~nissioners Court and signed by both parties.
Signed ~n~ agreed by and between the County and City on this _ c~ ,_2~
/~~ . 1994, --____ day of
ATTEST:
Ci'f~v~ Secretary/ /)&
AJ~PROVBD AS TO FOP. M:
Mayor
A~FEST:
APPROVED AS TO FORM:
9,/20/94
Assistant Distric--t-Attorn~v--~
BEING m b 296 acre tract of land out of the J A Simmons
Survey~ A~tract NO 1296 in the City of Coppell in Oellms
THENCE South 02 deBree~ 27 m~nute9 30 ~econd5 West alonE 5aid
east llne of Park Road for 5~5 07 feet to a found 7/8 inch iron
pipe belnE the POINT OF BEGINNING,
THENCE South 29 deErees 25 m~nute5 52 second~ East ieavin8 the
said east line of Park Road for 32567 feet to a point for
THENCE South a~ deErees 28 minutes 08 seconds Eest for 313 99
THENCE South 39 deBree~ 59 minutes 55 seconds West for 230 ~1
THENCE North 89 de,tee9 28 mznute~ 08 seconds West for ~63 05
THENCE North O0 deErees 31 m~nutes 52 second~ East for ~31 O1
THENCE North 30 deEree~ 31 minutes 52 second~ East for 290 10
TRACT 2
BEING a b 829 acre tract of land out of the J A. Si n~mon~
Survey, Abstract NO 1296 in the City of Coppell in Dalla~
the south line of Bethel Ro]d (50 foot R O W, ) an~ the em~t line
THENCE North 39 deBrees 59 minutes 55 second~ East for 178.63
feet to m point for corner;
THENCE South 3g de~rees 59 mlnute~ 55 9econd~ We~t for 222 93
THENCE North ~; desree~ 28 minute~ 08 ~econd~ w~st for 313 99
feet to the POINT OF BEGINNING and CONTAININO 297,~95 squ~re
TRACT 3
TNENCE North 07 de8rees 06 minutes OO 5econd~ West for 100 89
THENCE South 89 desree~ 28 minute~ 08 ~econd~ £a~t for 219 82
feet to ~ point for corner;
From:
Sent:
To:
Subject:
Cindy
Ken Griffin [kgriffin@ci.coppell.tx.us] on behalf of Ken Griffin
Wednesday, September 17, 2003 3:55 PM
cindy brown
License Agreement at the Reserves to build retaining wall in Grapevine Springs Park
I have been talking to Bob about the referenced agreement (I don't have Bob's email address), sorry to bother you.
If possible, could you check with Bob and see if there has been any movement on the County's part on getting the agreement drafted and/or
approved. The owner, Mr. Davenpod, is currently nice but he continues to lose property to erosion. Any help in expediting this would be
appreciated.
Thanks
ken griffin
IMPORTANT MESSAGE
FOR
PHONE
AREA CODE NUMBER EXTENSION
FAX
~'MOBILE ~. I I~/~ ~~ .
FORM 4009
MADE IN U.
T H IE · C I T Y , 0 F
June 7, 2004
Curtis & Susan Davenport
257 Rosemount Court
Coppell, Texas 75019
RE: License Agreement / 257 Rosemount
Dear Mr. and Mrs. Davenport:
On December 9, 2003 City Council approved a license agreement between you and
the City of Coppell to allow a minor encroachment on to Grapevine Spring Park for
the construction of erosion protection for your property at 257 Rosemount Court.
On January 15, 2004 the original (3 copies) license agrcement, to allow the
construction of a wall for erosion protection, was mailed to you for execution. As of
this date, we have not received the executed license agreement.
For your information, this license agreement is not an official document until it has
been executed and returned to the City of Coppell for filing at Dallas County. If we
do not receive the executed license agreement by July 1, 2004, this case will be
closed and filed as unexecuted.
We look forward to hearing from you in the very near future as to the status of the
license agreement.
Sincerely, F,~
Kermeth M. Griffin, P.E.
Director of Engineer/Public Works
Office 972/304-3686
Fax 972/304-7041
E-mail kgriffin~ci.coppell.tx.us
May 14, 2004
Curtis & Susan Davenport
257 Rosemount Court
Coppell, Texas 75019
RE: License Agreement / 257 Rosemount
Dear Mr. and Mrs. Davenport:
On December 9, 2003 City Council approved a license agreement between you and
the City of Coppell to allow a minor encroachment on to Grapevine Spring Park for
the construction of erosion protection for your property at 257 Rosemount Court.
On January 15, 2004 the original (3 copies) license agreement to allow the
construction of a wall for erosion protection was mailed to you for execution (see
attached letter). As of this date, we have not received those executed documents.
Please let me know the status of the license agreement as soon as possible so that
the project can be closed out. If you should have any questions please feel free to
call me.
Tl~nk you, ,
Paula Crocker
Administrative Support
Engineering Department
Office 972/304-3686
Fax 972/304-7041
E-mail pcrocker(-¢ci.coppell.tx.us
COPPEE£
January 15, 2004
Curtis & Susan Davenport
257 Rosemount Court
Coppell, Texas 75019
RE: License Agreement / 257 Rosemount
Dear Mr. and Mrs. Davenport:
On December 9, 2003 City Council approved a license agreement between you and the City of
Coppell to allow a minor encroachment on to Grapevine Spring Park for the construction of erosion
protection for your property at 257 Rosemount Court.
Attached for your signatures are three (3) originals of the license agreement. Please return two
originals to the Engineering Department for recording at Dallas County.
If you should have any questions please feel free to call me.
Sincerely,
Kenneth M. Griffin, P.E.
Director of Engineenng and Public Works
Office 972/304-3686
Fax 972/304-7041
255 pARKWA% * PO ~BOX 93?8 * COPP[LL TX 75019 * TEL 972/4~32 0022 * FAX 9727304 3673