License agreement MEMORANDUM
FROM THE
DEPARTMENT OF ENGINEERING
Mayor and City Council
From:
Kenneth M. Griff'm, P.E., Director of Engineering/Public Works
Date: July 6, 2003
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 IIlB 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 the Windsor Estates subdivision had been
constructed within the right-of-way of Deforest Road. In reviewing information provided at the
time the development was proceeding through the Planning and Zoning Commission and City
Council, it was shown that the 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
the home owners association.
To insure that the city's rights are protected and the city is not held liable for any damage to the
entry feature in the future, a license agreement should be executed between the City of Coppell
and the Windsor Estates of Coppell Residential Association, Inc.
The license agreement will allow the existing entry feature and landscaping to remain within a
portion of a 10-foot right-of-way dedicated with the final plat of Villages of Coppell Phase Ili
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 offers no objections to the license agreement between the City of Coppell and the Windsor
Estates of Coppell Residential Association, Inc.
Staff will be available to answer any questions at the Council meeting.
"CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN"
LEGAL DESC'dP~'~ON
A VARIABLE WIDTH L, NDiSCAPE aREA
BEING a 728 square foot tract of!and located in they .A. Trimble Survey, Abstract No.
1268, in the City of Coppell, Denton County, Texas, ma b~ing a part of a tract of land
described in deed to ..., and being more particularly [escnibed as follows:
BEGINNING at a point on the south line of a 10 fo,tlnight-of-way, as recorded in
Volume 92218, Page 3565, Property Records olDen'on County, Texas (P.R.D.C.T.), said
point also being the No,beast comer of Lot 36, Blo:K A, Villages of Coppell Phase III
B, as recorded in Volume 93002, Page 4701, P.R.D.I.T.;
THENCE South 90 degrees 00 minutes 00 seconds V~st, along the south line of said 10
foot right-of-way, a distance of 84.80 feet tO a poi_nt :br~ a comer;,
THENCE North 00 degrees 00 minutes 00 seconds ~esC, depaxting said south line, a
distance of 2.00 feet to the point of curvature of a ~on~angemt curve to the left, having a
radius of 302.00, and whose chord bears No,rth 71 teqrees: 10 minutes 22 seconds East,
195.22 feet, said point being in the right-of-way of)o£¢orest Road (a 50 foot wide right-
of-way);
THENCE Northeasterly along s~.i_d_ ~e to tho !off, fir%Ugh a central ~e of 3'~
degrees 42 minutes 53 seconds, an are distance of 19;~79 feet to a point for a comer;
THENCE South 37 degrees 41 minutes 04 seconds !asr. a distance of 2.00 feet to the
point of curvature ora non-tangent curve to the right,-awing a radius of 304.00 feet, and
whose chord bears South 63 degrees 47 minutes 21 ecomds West, 120.94 feet, said point
being on the south right-of-way line of Deforest Road
THENCE Southwesterly along said south right-of-wa, line and along said curve to the
right, through a central angle of 22 degrees 56 minuts ;52 seconds, an are distance of
121.75 feet to a point for a comer, said point being on hte north right-of way line of said
10 foot right-of-way;
THENCE North 90 degrees 00 minutes 00 seconds !flsi. departing said south right-of-
way line, along the north right-of-way line of said 10' aight~of-way, a distance of 7.31
feet to a point for a comer;
THENCE South 00 degrees 00 minutes 00 seconds l~st,' departing said north right-of-
way line, a distance of 10.00 feet to the POINT OF B]G}INN1NG AND CONTAININ_G
728 square feet or 0.017 acres of land more or less.
STATE OF TEXAS §
COUNTY OF DALLAS §
LICENSE AGREEMENT
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 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 '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 all 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:
1. 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 conununication 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 I
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 indenmify 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, role 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
License Agreement - Page 2
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.
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
License Agreement - Page 3
LICENSEE who acquire any right, title, or interest in or to the property or any part thereof. Any
person who acquires any fight, 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 ,2004.
CITY OF COPPELL, TEXAS
By:
JIM WITT, CITY MANAGER
ATTEST:
By:
LIBBY BALL, CiTY SECRETARY
ACCEPTANCE ACKNOWLEDGED BY:
LICENSEE:
WINDSOR ESTATES of COPPELL RESIDENTIAL
ASSOCIATION, INC.
By:
NAME TITLE
License Agreement - Page 4
CITY'S ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on the __ day of _, 2004,
by Jim Witt, City Manager of the City of Coppell, Texas, a Texas municipality, on behalf of said
municipality.
My Commission Expires:
Notary Public, State of Texas
License Agreement - Page 5
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF DALLAS
This instrument was acknowledged before me on the day of
,2004, by
of Windsor Estates of Coppell Residential
Association, Inc., a , corporation, on behalf of said corporation.
My Commission Expires:
NOTARY PUBLIC, State of Texas
License Agreement - Page 6