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Home My WebLink About2005-122ORDINANCE NO. &Ob" I,,, AN ORDINANCE APPROVING AN ENCROACHMENT AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON AREA TEACHERS CREDIT UNION TO ALLOW A MONUMENT SIGN TO BE LOCATED WITHIN AN EXISTING CITY PUBLIC UTILITY EASEMENT ALONG TEASLEY LANE; AND DECLARING AN EFFECTIVE DATE THEREOF. WHEREAS, the City of Denton has received a request from Denton Area Teachers Credit Union, to allow a monument sign to be located within an existing City Public Utility Easement pursuant to an Encroachment Agreement, a copy of which is attached to this ordinance as Exhibit "A" (the "Agreement"); and WHEREAS, the Council of the City of Denton, Texas has found and determined that the Agreement is in the public interest; and NOW THEREFORE: THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference. SECTION 2. The Agreement is hereby approved and the City Manager or his designee is hereby authorized to execute the Agreement on behalf of the City of Denton. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this /% N V day of, 2005. e'& : i/g. 't- Euline Brock, Mayor ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: I /0 A_ J&1&10-J APPROVED AS TO LEGAL FORM: Edwin M. Snyder, Interim CiV Attorney C-0 Page 1 ENCROACHMENT AGREEMENT WHEREAS, Denton Area Teachers Credit Union, (hereinafter referred to as "LICENSEE'), by and through its undersigned authorized officer, has requested permission to use an area within the boundaries of an existing CITY of Denton (the "CITY") Public Utility Easement ("CITY EASEMENT") as defined below, located in Denton County, Texas for the installation of a monument sign and related appurtenances (the "ENCROACHING FACILITY"); and WHEREAS, the ENCROACHING FACILITY will be located within that portion of the CITY EASEMENT and more particularly described as an sixteen square foot parcel in Exhibit "A" attached hereto and illustrated in Exhibit `B" made a part hereof by reference (the `ENCROACHMENT AREA"); and WHEREAS, LICENSEE has entered into this agreement to set forth certain responsibilities that it has under this Agreement; and WHEREAS, The CITY of Denton, Texas ("CITY") hereby grants permission and license to LICENSEE to the locate, maintain and repair the ENCROACHING FACILITY within the ENCROACHMENT AREA, subject to the following terms and conditions: 1. It is understood and agreed that the CITY only holds EASEMENT interests for the CITY EASEMENT portion of the ENCROACHMENT AREA. Therefore, LICENSEE is responsible to obtain whatever rights and permission, other than the CITY's that are necessary from any others having an interest in the ENCROACHMENT AREA. This agreement shall extend to and be binding upon LICENSEE and its heirs, successors, and assigns, and is not to be interpreted as a waiver of any rights held by the CITY under CITY's EASEMENT. 2. The ENCROACHING FACILITY shall be constructed in such a manner, as not to interfere with the CITY facilities and shall be limited to and constructed in accordance with the City of Denton Development Code requirements. LICENSEE shall be required to obtain a sign permit from the City of Denton prior to installation and placement of the sign. LICENSEE'S proposed PLANS AND SPECIFICATIONS are attached hereto and made a part hereof as Exhibit "C" (the "PLANS AND SPECIFICATIONS"), LICENSEE shall not make any modifications to the PLANS AND SPECIFICATIONS without advance written approval by the CITY ("Authorized Modifications"). When referring to the ENCROACHING FACILITY within this agreement such term shall mean the ENCROACHING FACILITY constructed in accordance with the PLANS AND SPECIFICATIONS and Authorized Modifications, if any. The CITY reserves the right to limit excavation within the ENCROACHMENT AREA and/or to require specific construction methods (including trench shoring or dry bore and casing installation techniques) for any proposed utility work that may be permitted by this agreement. These limitations or construction methods shall be included in the construction PLANS AND SPECIFICATIONS for any work performed within the ENCROACHMENT AREA. In addition, the LICENSEE shall provide adequate inspection and coordination with the CITY to insure the contractor adheres to these items during construction. 3. The ENCROACHING FACILITY is subordinate to the CITY's facilities and rights under the CITY EASEMENT, including without limitation, utilities and related facilities located now or in the fixture within the ENCROACHMENT AREA. In the event the CITY repairs, expands, or adds to its facilities within the ENCROACHMENT AREA, and in the CITY's sole opinion it is necessary that the Encroaching Facilities be modified, removed or relocated, in whole or in part, to accommodate such repairs, expansion or addition, LICENSEE shall, at its sole cost, modify, remove or relocate the ENCROACHING FACILITY, as directed by the CITY, no later than 30 days after CITY gives LICENSEE written notice, unless an emergency repair is necessary wherein the CITY has the right to remove the ENCROACHING FACILITY immediately at the LICENSEE's sole cost and expense without any liability to CITY for such action. LICENSEE acknowledges that there are approved project plans to widen FM 2181 (Teasley Lane) in the near term which will include utility relocations, and that the ENCROACHING FACILITY will be removed. LICENSEE acknowledges that they have full knowledge that ENCROACHING FACILITY will need to be relocated to another location at LICENSEE's sole cost and expense. LICENSEE confirms and acknowledges that the ENCROACHING FACILITY and all LICENSEE's expenses for such are at risk. The CITY will not reimburse LICENSEE in any form for removal and relocation of the ENCROACHING FACILITIES. 4. LICENSEE shall defend, indemnify and hold harmless the CITY, its employees and agents from and against any and all claims, expenses, (including attorney fees), damages, losses and judgments arising out of or incident to the presence, construction, operation and maintenance of the ENCROACHING FACILITY. Before performing any work within the ENCROACHMENT AREA, LICENSEE and its agents or contractors shall provide to the CITY such certificate or certificates of insurance complying with the CITY's insurance requirements prior to construction or placement of the ENCROACHING FACILITY. 5. LICENSEE and it's successors and assigns to, shall purchase and maintain General Liability Insurance naming the CITY as an "additional insured" for damages arising from the construction and maintenance of the Sign with a limit of not less than $250,000.00 for each person and $500,000.00 for each single occurrence for bodily injury or death and $100,000.00 for each single occurrence for injury to or destruction of property. 6. LICENSEE will limit the cuts needed in the ENCROACHMENT AREA crossing zones required for construction of the ENCROACHING FACILITY to prevent construction equipment from damaging existing CITY facilities or public utilities located within the ENCROACHMENT AREA and adjacent areas. 7. It is agreed that no trash dumpsters, toxic substances or flammable material will be allowed on or in the ENCROACHMENT AREA. 8. The CITY will not be responsible for any costs of construction, operation and maintenance of LICENSEE'S ENCROACHING FACILITY. It is further agreed that the CITY shall not be liable for any damage to the ENCROACHING FACILITY as a result of the CITY's use pursuant to its EASEMENT. If any CITY property is damaged or destroyed by LICENSEE or its agents it may be repaired or replaced by the CITY at LICENSEE's expense and payment is due upon LICENSEE's SAOUR DOCUMENTS\Contracts\05\DATCU Encroachment Agreement.DOC Page 2 receipt of an invoice from the CITY. 9. Grading, if any, shall be done in order to leave the ENCROACHMENT AREA and EASEMENT in as near as possible to its present condition. Spoil dirt and all trash shall be removed from these areas. 10. Construction equipment and materials shall not be stored on the ENCROACHMENT AREA or EASEMENT or right-of-way areas during construction. 11. It is understood and agreed that, in case of default by LICENSEE or its agents in any of the terms and conditions herein stated and such default continues for a period of ten (10) days after the CITY notifies LICENSEE of such default, the CITY may at its election forthwith terminate this agreement and upon such temunation all of LICENSEE's rights hereunder shall cease and come to an end. This agreement shall also terminate upon the abandonment of the ENCROACHING FACILITY. 12. This agreement shall be construed under the laws of the State of Texas and is fully performable in Denton County, Texas. Dated to be effective as of thelqUday of , 2005. CITY OF DENTON, TEXAS BY: tMICHAEL A CONDUF CITY MANAGER 215 E. McKinney Denton, Texas 76201 ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: hAA1 I do — /I ) 1.4 ) 0. SAOUR DOCUMENTS\Contracts\05\DATCU Encroachment Agreement.DDC Page 3 IiII1111111110 BY: Name: T Title: ACKNOWLEDGEMENT THE STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on 'i '2005 by Michael A. Conduff, CITY Manager of the CI of Denton, Texas, on behalf of such municipality. W4tar4t'lpublic in and for �the Stateof Texas My Commission Expires: ACKNOWLEDGEMENT THE STATE OF TEXAS § COUNTY OF DENTON § JANE E. RICHARDSON Notary Public, Ststo of Texas My Commission Expires June 27, 2005 This instrument was acknowledged before me on fth 2005 BY Omble. 'M1 of Denton Area Teachers Credit Union, on behalf of said credit union, Notary Public in and for the State of 're 4, - My Commission Expires:...�o "?1UT ('L amity of Denton Engineering Department 601 E Hlckory Street Suite B Denton,, Texas 76205 S \0UR D0CUMENTS\Contracts\05\DATCU Encroachment Agreement DOC 4238 1-35 Noh LAN� DMARK. Denton, Texas 76207-3408 (940) 382-4016 SURVEYORS, INC. Fax (940) 387-9784 "EXHIBIT A" landmarksv@aol,com FULD NOTES 16.00 SQUARE FEET BEING all that certain lot, tract, or parcel of land situated in the C. Poullalier Survey Abstract Number 1006 in the City of Denton, Denton County, Texas, being a part of that certain tract of land conveyed by deed from Teasley Commons, Ltd, to Denton Area Teachers Credit Union recorded in Volume 5543, Page 2901, Real Property Records, Denton County, Texas, and being a part of Lot 2, Block A of Teasley Commons Phase IL an addition to the City of Denton, Denton County, Texas according to the plat thereof recorded in Cabinet V, Page 816, Plat Records, Denton County, Texas and being more particularly described as follows: COMMENCING at an 'W' in concrete found for corner in the west line of Teasley Lane, a public roadway having a rigbt-of-way of 135.0 feet, said point being the southeast comer of Lot 1, Block A of Teasley Commons, an addition to the City of Denton, Denton County, Texas according to the plat thereof recorded in Cabinet V, Page 136, Plat Records, Denton County, Texas; THENCE S 080 3244" W, 58.23 feet to the PLACE OF BEGINNING; THENCE S 010 OT 19" E, 2,00 feet to a point for comer; THENCE S $80 57'41" W, 8.00 feet to a point for comer; THENCE N 010 02' 19" W, 2,00 feet to a point for comer; THENCE N 880 57' 41" E, 8.00 feet to the PLACE OF BEGINNING and containing 16.00 square feet of land. C. POULLALIER SURVEY A-1006 TEA LEY COMMONS LOT 1, BLOCK A CAB. V. PG. 136 NORTH 11.41' P'.R.D.0 T -------- -------------------- 004,- N 88*45'25 E 72.2 ' \q- TEASLEY COMMONS PHASE li. LOT 2, BLCCK A CAB. V, PAGE 816 P.R.D.C.T. N 88*44"ki" E 277.14' A L EXA NDER MA NA GEMENr, L.L.G. AND E, E. A L EXA 1VDE R FA MIL Y LIMITED PARTNERSHIP TO TEA ;LEY" COUMONS, L TD. VOL 5320, PG 22 75 R,P,R,D.c r 2' X 8' SIGN :0 V) 2 4' P U. 1. • 02-22-05 02:020M Fswwu ORTS 3145670602 ALSM11,V hrV CO-Mlt w .,rarc'PAW AWL rw sew ART r4PX FM ACTML LOW. — RAVLdWri `AL R JCINffi 4 FILL PV SOM STOW V BNEER BASE FiN MADE BEAM 90 YOP Fir S IC, w . MP* 10° PA 'A4A6 NOT TO brAL T-026 p 02/02 F-106 Qxrpv No Z.r DENTON AREA TEACHERS CAEDfT UNION EXHIII MIII ""'nIYM YY. IT Denton County Cynthia Mitchell County Clerk Denton, TX 7,6202 Instrument Number: 2006-55966 As Recorded On. May 11, 2005 Agreement Parties., CITY OF DENTON To Comment: ** Examined and Charged as Follows: ** Agreement 2800 Total Recording: 28.00 Billable Pages: 8 Number of Pages: 8 THIS PAGE IS PART OF THE INSTRUMENT Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid'! and unenforceable uinder federal law. File Information: Document Number: 2005-55966 Receipt Number: 192920 Recorded Date/Time: May 11, 2005 03:22P User / Station: J Smith - Cash Station 2 Record and Return To: CITY OF DENTON A a THE STATE OF TEXAS COUNTY OF DENTON) I hereby certify that this instmment was FILED In the File Numbor sequence on the datoftime 11rinted heron, and was duly RECORDED In tho Offictal Records of Do"ton County, Texa$, Ae County Clerk Denton County, Texas