Windsor Estates-AG040706AGENDA REQUEST FORM
COPFELL
DEPT: Engineering
DATE: July 6, 2004
ITEM #: 7/F
ITEM CAPTION:
Consider approval of a license agreement between the City of Coppell and Windsor Estates of Coppell Residential
Association, Inc. to allow the existing entry feature and landscaping to remain within a portion of the Deforest
Road right-of-way; and authorizing the City Manager to sign.
IIII
GOAL(S):
APPROVED BY
CITY COUNCIL
ON ABOVE DATE
Motion to Approve
M - Peters
S - York
Vote - 6-0
Tunnell absent
EXECUTIVE SUMMARY:
Approval of this license agreement will allow the existing entry feature and landscaping to remain with a portion
of the Deforest Road right-of-way.
Staff recommends approval of the license agreement with Windsor Estates of Coppell Residential Association, Inc.
and will be available to answer any questions at the council meeting.
FINANCIAL COMM
Agenda Request Form - Revised 02/04 Document Name: #LAWindsor-lAG
MEMORANDUM
FROM THE
DEPARTMENT OF ENGINEERING
To:
From:
Date:
RE:
Mayor and CiW Council
Kenneth M. Griffin, P.E., Director of Engineering/Public Works
July 6, 200~t
Consider approval of a license agreement between the City of Coppell and
Windsor Estates of Coppell Residential Association, Inc. to allow the existing
entry feature and landscaping to remain within a portion of the Deforest
Road right-of-way; and authorizing the City Manager to sign.
On July 22, 2003, City Council approved license agreements between the City of Coppell and six
property owners in the Villages of Coppell Phase IIIB concerning the usage of excess right-of-
way associated with Deforest Road. During the process of doing the background work to
ascertain whether or not the right-of-way could be used for other purposes, it was noted that the
entry feature and landscaping associated with thc Windsor Estates subdivision had been
constructed within the right-of-way of Deforest Road. In reviewing information provided at thc
timc the development was proceeding through the Planning and Zoning Commission and City
Council, it was shown that thc entry feature and landscaping would be within the right-of-way,
however; no official approvals or licenses agreements were ever executed between the City and
tile home o;vners association.
To insure that the city's rights are protected and thc city is not held liable for any damage to the
entry feature in the filture, a license agreement should be executed between the City of Coppell
and the Wiudsor Estates of Coppell Residential Association, Inc.
The license agreement xvill alloxv thc existing entry feature and landscaping to remain within a
portion of a 10-foot right-of-way dedicated ;vith the final plat of Villages of Coppell Phase III
and within a portion of the right-of-way dedicated with the Windsor Estates plat for the
realignment of Deforest Road. Copies of both plats are provided with the license agreement.
Staff offcrs no objections to the license agreement between the City of Coppell and the Windsor
Estates of Coppell Residential Association, Inc.
Slaff will bc available to answer any questions at the Council meeting.
"(EFY OF (OPPELL ENGINEERING- EX(EEI,EN(E BY nESIGN"
STATE OF TEXAS §
COUNTY OF DALLAS §
LICENSE AGREEMENT
$27.00
THIS AGREEMENT is made by and between City of Coppell, Texas (hereinafter
referred to as "CITY") and Windsor Estates of Coppell Residential Association, Inc. (hereinafter
collectively referred to as "LICENSEE") acting by and through their authorized representatives.
WITNESSETH:
WHEREAS, LICENSEE own the real property know as Lot 19X, Block A Windsor
Estates which is adjacent to the right-of-way of Deforest Road; and
WHEREAS, LICENSEE previously constructed entry feature and landscaping
(hereinafter referred to as the "IMPROVEMENTS") within a ten-foot City fight-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 'A', and within a
portion of City right-of-way easement for Deforest Road dedicated with the final plat of Windsor
Estates, Volume 2001077, Page 02283, as shown on the attached plat marked Exhibit 'B' and
shown on attached Exhibits 'C1 ', and 'C2', and incorporated herein for ali purposes; and
WHEREAS, LICENSEE has requested the CITY allow the continued 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
maintaining the entry feature and landscaping previously constructed within the City right-of-way
easement (the "PERMITTED IMPROVEMENTS") and being more particularly depicted on
Exhibit 'Ci' and Exhibit 'C2' attached hereto and incorporated herein for all purposes. With the
exception of the existing entry feature, no additional 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
License Agreement - Page 1
t0 065 ;.;5175
existing lease, license, or other interest in the easement 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 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 Exhibits 'A' and
'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
License Agreement - Page 2
loo O 65 ,,5176
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, 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:
Written agreement of both parties;
By CITY upon failure of LICENSEE to perform its obligations as set forth in this
Agreement;
By the CITY abandoning any interest in the right-of-way easement.
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.
License Agreement - Page 3
; o 065 :',5177
16. Recitals: The recitals to this Agreement are incorporated herein by reference.
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 ~ day of ~) O L7~
,2004.
CITY OF C~XAS
By:
J~T, CITY MANAGER
ATTEST:
£mBY( LL, ~IT¥~E~RETARY
ACCEPTANCE ACKNOWLEDGED BY:
LICENSEE:
WINDSOR ESTATES of COPPELL RESIDENTIAL
ASSOCIATION, INC. ~
By: ~/~ TITLE
License Agreement - Page 4
'J5178
CITY'S ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on the 7 ~tt~day o~~_~ ,
I I /l
2004, by Jim Witt, City Manager o£ the City o£ Coppell, Texas, a Texas mu6i~i~ality, o~r~oehal£ o£
said municipality.
My Con'nnission Expires:
Ncftary Pu~] State of Texas
Notav/Ptlbltc
State of Texas
Comm. Expires 06. ~ 1-2008~
License Agreement - Page 5
i5179
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF DALLAS
This instrument was acknowledged before me on the j/~'r_~ day of
~,a.a~:.:.:.:.:~, 2 0 0~,, b y ~_~[ [ .~ ..~'-~'"' o ~,0 ~. --,
of Windsor Estates of Coppell Residential
Association, Inc., a , corporation, on behalf of said corporation.
My Commission Expires:
~O ARY POBLIII~j State of Texas
4RY PUBLIC
License Agreement - Page 6
a ] 065 05180
L
iii ii i.
LEGAL DESCRIPTION
A VARIABLE WIDTH LANDSCAPE AREA
BEING a 728 square foot tract of land located in the W.A. Trimble Survey, Abstract No.
1268, in the City of Coppell, Denton County, Texas, and being a part of a tract of land
described in deed to ..., and being more particularly described as follows:
BEGINNING at a point on the south line ofa 10 foot right-of-way, as recorded in
Volume 92218, Page 3565, Property Records of Denton County, Texas (P.R.D.C.T.), said
point also being the Northeast comer of Lot 36, Block A, Villages of Coppell Phase III
B, as recorded in Volume 93002, Page 4701, P.R.D.C.T.;
THENCE South 90 degrees 00 minutes 00 seconds West, along the south line of said 10
foot right-of-way, a distance of 84.80 feet to a point for a comer;
THENCE North 00 degrees 00 minutes 00 seconds West, departing said south line, a
distance of 2.00 feet to the point of curvature of a non-tangent curve to the left, having a
radius of 302.00, and whose chord bears North 71 degrees 10 minutes 22 seconds East,
195.22 feet, said point being in the fight-of-way of Deforest Road (a 50 foot wide right-
of-way);
THENCE Northeasterly along said curve to the left, through a central angle of 37
degrees 42 minutes 53 seconds, an arc distance of 198.79 feet to a point for a comer;
THENCE South 37 degrees 41 minutes 04 seconds East, a distance of 2.00 feet to the
point of curvature of a non-tangent curve to the fight, having a radius of 304.00 feet, and
whose chord bears South 63 degrees 47 minutes 21 seconds West, 120.94 feet, said point
being on the south right-of-way line of Deforest Road;
THENCE Southwesterly along said south right-of-way line and along said curve to the
right, through a central angle of 22 degrees 56 minutes 52 seconds, an arc distance of
121.75 feet to a point for a comer, said point being on the north right-of way line of said
10 foot right-of-way;
THENCE North 90 degrees 00 minutes 00 seconds East, departing said south right-of-
way line, along the north right-of-way line of said I0' right-of-way, a distance of 7.31
feet to a point for a comer;
THENCE South 00 degrees 00 minutes 00 seconds East, departing said north right-of-
way line, a distance of 10.00 feet to the POINT OF BEGINNING AND CONTAINING
728 square feet or 0.017 acres of land more or less.
,.15183
[XHIBIT Cl
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2085 APR -q P~t 2:37