HomeMy WebLinkAbout2005-067S:\Our Documents\Ordinances\05\TRIAD Encroachment Agreement Ordinance.doc
ORDINANCENO. fleas-Q(1
AN ORDINANCE APPROVING AN ENCROACHMENT AGREEMENT BETWEEN THE
CITY OF DENTON AND TRIAD-DENTON HOSPITALS, LIMITED PARTNERSHIP, TO
ALLOW MONUMENT AND DIRECTIONAL SIGNAGE TO BE LOCATED WITHIN
VARIOUS EXISTING CITY PUBLIC UTILITY EASEMENTS; AND DECLARING AN
EFFECTIVE DATE THEREOF.
WHEREAS, the City of Denton has received a request from Triad -Denton Hospitals,
Limited Partnership for the location of signage within several existing City public utility
easements 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 hereby finds and determines
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 A —day of C 2005.
�fititfy�9-�
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTER CITY SECRETARY
BY:
APPROVED AS TO LEGAL
HERBERT L. PROUTY—r T
ffim
Page 1
ENCROACHMENT AGREEMENT
This agreement is entered into as of the effective date as hereinafter provided, by and between
Triad -Denton Hospitals, a Texas limited partnership (called the "Licensee") and the City of Denton,
Texas, a home rule municipality (called the "City").
WHEREAS, pursuant to City ordinance no. AV6_ Dl%Licensee has received approval of
a special district under Section 35.15.18 of the Denton Development Code (the "Special Sign
District"); and
WHEREAS, as a condition of approval of the Special Sign District, Licensee is required to
enter into this agreement with regard to those signs that will be located within City easements; and
WHEREAS, there are five monument signs within the Special Sign District that are located
within City easements which are described as follows:
A. Monument Sign C to be located within an approximate 45 square foot area ("Sign C
Encroachment Area") more particularly described as Exhibit "A" and depicted on
Exhibit "A-1" and Exhibit "G", and to be constructed in accordance with the sign
detail set forth in Exhibit "A-2" and the masonry base detail set forth in Exhibit "F"
("Sign C Specifications"), all of which exhibits are attached hereto and made a part
hereof by reference; and
B. Monument Sign E to be located within an approximate 17 square foot area ("Sign E
Encroachment Area") more particularly described as Exhibit `B" and depicted on
Exhibit 1113-1" and Exhibit "G", and to be constructed in accordance with the sign
detail set forth in Exhibit `B-2" and the masonry base detail set forth in Exhibit "F"
("Sign E Specifications"), all of which exhibits are attached hereto and made apart
hereof by reference; and
C. Monument Sign H to be located within an approximate 17 square foot area ("Sign H
Encroachment Area") more particularly described as Exhibit "C" and depicted on
Exhibit "C-l" and Exhibit "G", and to be constructed in accordance with the sign
detail set forth in Exhibit `B-2" and the masonry base detail set forth in Exhibit "F"
("Sign H Specifications"), all of which exhibits are attached hereto and made a part
hereof by reference; and
D. Monument Sign DD to be located within an approximate 45 square foot area ("Sign
DD Encroachment Area") more particularly described as Exhibit "D" and depicted
on Exhibit "D-1" and Exhibit "G", and to be constructed in accordance with the sign
detail set forth in Exhibit "A-2" and the masonry base detail set forth in Exhibit "F"
("Sign DD Specifications"), all of which exhibits are attached hereto and made a part
hereof by reference; and
E. Monument Sign R to be located within an approximate 39 square foot area ("Sign R
Encroachment Area") more particularly described as Exhibit "E" and depicted on
Exhibit `E-l" and Exhibit "G", and to be constructed in accordance with the sign
detail set forth in Exhibit "E-2" and the masonry base detail set forth in Exhibit ' F"
("Sign R Specifications"), all of which exhibits are attached hereto and made a part
hereof by reference; and
WHEREAS, the Sign C, Sign E, Sign H, Sign DD, and Sign R are collectively called the
"Signs"; and
WHEREAS, the Sign C Encroachment Area, Sign E Encroachment Area, Sign H
Encroachment Area, Sign DD Encroachment Area, and the Sign R Encroachment Area are
collectively call the `Encroachment Areas", and
WHEREAS, Sign C Specifications, Sign E Specifications, Sign H Specifications, Sign DD
Specifications, Sign R Specifications are collectively called the "Sign Specifications; and
WHEREAS, the City and Licensee have entered into this agreement to set forth terms and
conditions under which the Signs will be permitted within the Encroachment Areas; and
Now, therefore, inconsideration of the covenants and promises contained herein, the parties
agree as follows:
1. Subject to the terms and conditions contained in this agreement, the City hereby grants
permission and license to Licensee to locate, maintain and repair the Signs within the Encroachment
Areas.
2. It is understood and agreed that the City only holds easement interests in the Encroachment
Areas. 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 Areas. This
agreement shall extend to and be binding upon Licensee and its successors and assigns, and is not to
be interpreted as a waiver of any rights held by the City under its easements
3. The Signs 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 and the Sign Specifications. Prior to performing any work, Licensee shall obtain a sign
permit or sign permits from the City of Denton. The City reserves the right to limit excavation within
the Encroachment Areas and/or to require specific construction methods (including trench shoring or
dry bore and casing installation techniques) for any work that may be permitted by this agreement.
After installation ofthe Signs, Licensee shall restore the Encroachment Areas to their conditionprior
to such installation, except for the Signs. In addition, the Licensee shall provide adequate inspection
and coordination with the City to insure that the contractor adheres to these items during
construction.
4. The Signs are subordinate to the City's facilities and rights under City easements and right-of-
way, including without limitation, utilities and related facilities located now or in the future within the
Encroachment Areas. In the event the CITY repairs, expands, or adds to its facilities within the
Encroachment Areas, and in the City's sole opinion it is necessary that the Signs be modified,
Page 2
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 Signs, as directed by the City, no later
than 60 days after City gives Licensee written notice, unless an emergency repair is necessary wherein
the City has the right to remove the Signs immediately at the Licensee's sole cost and expense
without any liability to City for such action.
5. 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 Signs.
Before performing any work within the Encroachment Areas. 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 ofthe Signs with the Encroachment Areas.
6. Licensee and it's successors and assigns, and any contractor performing work within the
Encroachment Areas on behalf of Licensee shall purchase and maintain General Liability Insurance
naming the City, its officers and employees, as an "additional insureds" for damages arising from the
construction and maintenance of the Signs 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.
7. Licensee shall limit excavations, if any, within the Encroachment Areas to the absolute
minimum necessary to install the Signs and in no event at a depth that would disturb, damage or
compromise the City's underground utilities. Grading, if any, shall be done in order to leave the
Encroachment Areas in as near as possible to its present condition. Licensee shall keep the
Encroachment Areas neat and clean and free of all trash, debris, and spoil dirt. All construction
equipment shall be operated in such manner as not to damage City facilities.
8. No trash dumpsters, toxic substances or flammable material are allowed on or in the
Encroachment Areas.
9. The City is not responsible for any costs of construction, operation and maintenance of the
Signs. It is further agreed that the City shall not be liable for any damage to the Signs as a result of
the City's use ofthe Encroachment Areas. If any City property is damaged or destroyed by Licensee
or its agents or contractors, it may be repaired or replaced by the City at Licensee's expense and
payment is due upon Licensee's receipt of an invoice from the CITY.
10. Construction equipment and materials shall not be stored within the Encroachment Areas.
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 thirty (30) days afterthe
City notifies Licensee of such default, the City may at its election forthwith terminate this agreement
and upon such termination all of Licensee's rights hereunder shall cease and come to an end. This
agreement shall also terminate upon the abandonment of the Signs. In the event of termination,
Licensee shall umnediately remove the Signs. If Licensee fails to remove the signs the City is
authorized to do so at Licensee's sole expense.
Page 3
12. This agreement shall be construed under the laws of the State of Texas and is fiilly
performable in Denton County, Texas. Exclusive venue for the enforcement of this Agreement is
Denton County, Texas. ����
Dated to be effective as of the;g4 ay of 2005 (the "Effective Date").
CITY OF DENTON, TEXAS
�vuk j., A %-ViN"Ury v
CIT AGER 6 p
215 Ly. McKinney
Denton, Texas 76201
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO FORM:
B ERBERT L. PRQUTY CITY ATTORNEY
IWd
ACKNOWLEDGEMENT
THE STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged before me on,U g A 2005 by Michael A. Conduff,
City Manager of the City of Denton, Texas, on behalf of such municipality.
( /-ka P. 40,L4
Notgry Public in and for the State of Texas
My Commission Expires: 0615?7 2005—
,wya�7,} JANE E. RICHARDSON
g Notary Public, State of Texas
e : g ' My Commission Expires
"'•'° June 27,2006
Page 5
LICENSEE:
TRIAD-DENTON HOSPITAL, L.P.
By. Triad -Denton Hospital GP, LLC,
a Delaware limited partnership,
Its General Partner
Page 6
ACKNOWLEDGEMENTS
STATE OF TEXAS
M
COUNTY OF COLLIN
��foreMgo tmrrient was ac�}Q�wle ed bef-o}e me s AISt day of February 2005, by
71�,// 74 ,the U 11 GEXQCUY 've �� of Triad -Denton Hospital, GP, LLC,
a Delaware limited liability company, the general partner ofTriad-Denton
g�H�ossppi�tal, L.P., a Delaware limited
partnership, on behalf of said limited liability company �rp� limited �� W - -
N Public
My Co 'scion Expires. rd) L 1,�&A
04 0O (Printed Aarne)
p1O'
YP/jPy
s�
KELLY COLLIER
'...,
rde�
".'
Notary Public State of
My Comm�ealon Expires
Texas
1Pi oii r`
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AP0102, 2008
Page 7
E=1T "A"
Metes & Bounds Description
Easement— Sign "C"
Eugene Puchalski Survey, A — 996
Denton, Denton County Texas
BEING a tract of land located in the Eugene Puchalski Survey, Abstract No. 996, Denton County Texas,
also being part of Lot 1R, Block 1, Amending Plat — Lot 1R & Lots 2-8, Block 1, Triad Addition, an
Addition to the City of Denton as recorded in Cabinet V; Slide 464, Plat Records Denton County, Texas
(PRDCT), and being more particularly described by metes and bounds as follows (bearings referenced to
said plat);
COMMENCING at a found 5/8-inch iron rod with cap marked "BHB INC" (found iron rod) for the most
westerly northwest comer of said Lot IF, same being the southwest comer of Lot 2 of said Addition, and
being on the east right of way of Interstate Highway 35 (variable width right of way);
THENCE South 53113'24" East, a distance of 40.31 feet to the POINT OF BEGINNING;
THENCE EAST, a distance of 15.0 feet to a point for comer;
THENCE SOUTH, a distance of 3.0 feet to a point for comer;
THENCE WEST, a distance of 15.O feet to a point for corner;
THENCE NORTH, a distance of 3.0 feet to the POINT OF BEGINNING, and containing 45 square feet
of land.
Paul Hubert 2/05/05
Registered Professional Land Surveyor
Texas Registration No. 1942
Baird, Hampton & Brown
6300 Ridglea Place
Suite 700
Fort Worth, TX 76102
Exhibit "A-1"
Sign "C" Easement
45 Square Feet
Triad Addition
Denton, Denton County, Texas 0 20'
SCALE: 1" = 20'
tit
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a Lott
\ Block 1
46' ACCESS & P.U.E.
Lot 1R
Block 1
= Baird Hampton & Brown, Inc.
Engineering ec Surveying F066WAW� peal Hubert RPLS No. 1942
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SIGN PLAN PROFILE WITH CURVED FACE
MASONRY BASE BELOW
CONCRETE FOOTING BELOW
15'-0"
12'-0- .
I I
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I I
L---------------------------------------J
TOP VIEW
5'-0" x 12'-0" x 2'-0" INTERNALLY ILLUMINATED
SIGN CONSTRUCTED OF MONOLITHIC ALUMINUM
WITH COPED OUT LETTERING.
14'-0"
11 —0 , 1 12'-0" 6.161
Presbyterian
Hospital of Denton
Main .Entrance
o
GRADE
I
IL------------ ---------
F 15,-0"
CONCRETE FOOTING
SYNTHETIC STONE MASONRY BASE
WITH RUSTICATED BANDING
MAIN ELEVATION
I
-------------iI
SIGN Q M DETAIL
SCALE: 3/8" = 1'-0"
Gib Presbyterian Hospital of Denton EXHIBIT A-2
Denton, Texas
February 1, 2005 1 page 1 of 4
EXHIBIT "B"
Metes & Bounds Description
Easement — Sign "E"
Eugene Puchalski Survey, A - 996
Denton, Denton County Texas
BEING a tract of land located in the Eugene Puchalski Survey, Abstract No. 996, Denton County Texas,
being part of Lot 1R, Block 1, Amending Plat — Lot 1R & Lots 2-8, Block 1, Triad Addition, an Addition
to the City of Denton as recorded in Cabinet V, Slide 464, Plat Records Denton County, Texas (PRDCT),
and being more particularly described by metes and bounds as follows (bearings referenced to said plat);
COMMENCING at a found 5/8-inch iron rod with cap marked "BHB INC" (found iron rod) for the
common northerly comer of said Lot 1R and Lot 4, Block 1 of said Addition, and being on the south right
of way of Scripture Street (variable width right of way);
THENCE South 48057'51" West, a distance of 2.63 feet to the POINT OF BEGINNING;
THENCE SOUTH, a distance of 7.0 feet to a point for comer;
THENCE WEST, a distance of 2.5 feet to a point for comer;
THENCE NORTH, a distance of 7.0 feet to point for comer;
THENCE EAST, a distance of 2.5 feet to the POINT OF BEGINNING, and containing 17 square feet of
land.
Paul Hubert 2/04/05
Registered Professional Land Surveyor
Texas Registration No. 1942
Baird, Hampton & Brown
6300 Ridglea Place
Suite 700
Fort Worth, TX 76102
Exhibit "B-1"
Sign "E" Easement
17 Square Feet
Triad Addition
Denton, Denton County, Texas 0 20'
SCALE: P = 20'
(variable width ROW)
Lot 1
Lot 3 Block Lot 4
Block 1 Block 1
VI W
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CONCRETE FOOTING
BELOW
7._p"
6'-0"
lV
TOP VIEW
4'-0" x 6'-0" x 1'-4' INTERNALLY ILLUMINATED
SIGN CONSTRUCTED OF MONOLITHIC ALUMINUM
WITH COPED OUT LETTERING.
6'-0" 6"
w2gorm
Main Entrance
Patient Registration
i
+- Medical Buildings 1-3
T Receiving
_ NJ
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CONCRETE FOOTING Z
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MAIN ELEVATION ,I C?
SIGN 0 ® DETAIL
SCALE: 3/8" = 1'-0"
°P°°�
Architech Presbyterian Hospital of Denton
Denton, Texas February 1, 2005
EXHIBIT B-2
page 2 of 4
EXHIBIT "C"
Metes & Bounds Description
Easement — Sign "H"
Eugene Puchalski Survey, A — 996
Denton; Denton County Texas
BEING a tract of land located in the Eugene Puchalski Survey, Abstract No. 996, Denton County Texas,
being part of Lot 1R, Block 1, Amending Plat — Lot 1R & Lots 2-8, Block 1, Triad Addition, an Addition
to the City of Denton as recorded in Cabinet V, Slide 464, Plat Records Denton County, Texas (PRDCT),
and being more particularly described by metes and bounds as. follows (bearings referenced to said plat);
COMMENCING at a found 5/8-inch iron rod with cap marked 'BHB INC" (found iron rod) for the
common northerly comer of said Lot 1R and Lot 1R1, Block A, M.H.M.R. Center, an Addition to the
City Denton as recorded in Cabinet V, Slide 310, PRDCT, and being on the south right of way of
Scripture Street (variable width right of way);
THENCE South 80*22' 13" West, a distance of 17.64 feet to the POINT OF BEGINNING;
THENCE SOUTH, a distance of 7.0 feet to a point for corner;
THENCE WEST, a distance of 2.5 feet to a point.for corner;
THENCE NORTH, a distance of 7.0 feet to point for comer;
THENCE EAST, a distance of 2.5 feet to the POINT OF BEGINNING, and containing 17 square feet of
land.
Paul Hubert. 2/04/05
Registered Professional Land Surveyor
Texas Registration No. 1942
Baird, Hampton & Brown
6300 Ridglea Place
Suite 700
Fort Worth, TX 76102
Exhibit "C-l"
Sign "H" Easement
17 Square Feet
Triad Addition
Denton, Denton County, Texas 0 20'
SCALE: V= 20'
SCRIP TURF S TREE T
(variable width ROW)
2.50� nw
6' P.U.E.
Mr,
. Lot 1R1
zwEOT S
AV
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Lot 7
Block 1 wa ��• �• �,�� �•
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Metes & Bounds Description
Easement — Sign "DD"
Eugene Puchalski Survey, A — 996
Denton, Denton County Texas
BEING a tract of land located in part of the Eugene Puchalski Survey, Abstract No. 996, part of Lot IR
Block 1, Amending Plat — Lot 1R & Lots 2-8, Block 1, Triad Addition, an Addition to the City of Denton
as recorded in Cabinet V, Slide 464, Plat Records, Denton County, Texas, and being more particularly
described by metes and bounds as follows (bearings referenced to said plat);
COMMENCING at a 5/8-inch iron rod with cap marked "BETS INC" found for the most southerly
southeast comer of said Lot 1R and being located on the north right of way of West Oak Street (variable
width right of way), same being on the west line of that tract described in deed to University Place, L.P.
as recorded in County Clerk Document No. 95-R039914;
THENCE North 83004'20" West, a distance of 229.01 feet to the POINT OF BEGINNING;
THENCE North 89°09'07" West, a distance of 3.0 feet to a point for comer;
THENCE North 00°50'53' East, a distance of 15.0 feet to a point for comer;
THENCE South 89009'07' East, a distance of 3.0 feet to a point for corner;
THENCE South 00°50'53" West, a distance of 15.0 feet to the POINT OF BEGINNING, and containing
45 square feet of land.
Paul Hubert 2/04/05
Registered Professional Land Surveyor
Texas Registration No. 1942
Baird, Hampton & Brown
6300 Ridglea Place
Suite 700
Fort Worth, TX 76102
Exhibit "D-1"
Sign "DD" Easement.
45 Square Feet
Triad Addition
Denton, Denton County, Texas
ju�~�O�c��
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Block 1
DETENTION POND
DRAINAGE EASEMENT
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WES T OA K S TREE T
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EXHIBIT E
Metes & Bounds Description
Easement —Sign "R"
Eugene Puchalski Survey, A - 996
Denton, Denton County Texas
BEING a tract of land located in the Eugene Puchalski Survey, Abstract No. 996, Denton County Texas,
being part of Lot 10R, Block A, Bonnie Brae Addition, an Addition to the City of Denton as recorded in
Cabinet I, Slide 390, Plat Records Denton County, Texas (PRDCT), and being more particularly
described by metes and bounds as follows (bearings referenced to said plat);
COMMENCING at a 1/2-inch iron rod found for the easterly northeast corner of said Lot 1 OR, and being
the southerly southwest corner for the intersection of Scripture.Street (variable width right of way) and
Bonnie Brae Street (variable width right of way);
THENCE South 76°23'35" West, a distance of 5.52 feet to the POINT OF BEGINNING;
THENCE SOUTH, a distance of 3.0 feet to a point for comer;
THENCE WEST, a distance of 13.0 feet to a point for corner;
THENCE NORTH, a distance of 3.0 feet to point for comer;
THENCE EAST, a distance of 13.0 feet to the POINT OF BEGINNING, and containing 39 square feet of
land.
Paul Hubert 2/04/05
Registered Professional Land Surveyor
Texas Registration No. 1942
Baird, Hampton & Brown
6300 Ridglea Place
Suite 700
Fort Worth, TX 76102
EXHIBIT E-1
Sign "R" Easement
39 Square Feet
Triad Addition
Denton, Denton County, Texas 0 20'
SCALE: 1" = 20'
SCRIP TURF S TREE T
(variable width ROW) _
5�5 1
35,
WEST
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SIGN PLAN PROFILE WITH CURVED FACE
MASONRY BASE BELOW
CONCRETE FOOTING BELOW
10'-0"
--J-------------- I---� ----- ---
0 0� n
I
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w=N
---------------------------------'
TOP VIEW
1'-0"
6'-0" x 10'-0" x 2'-0" INTERNALLY
ILLUMINATED SIGN CONSTRUCTED OF MONOLITHIC
ALUMINUM WITH COPED OUT LETTERING.
12'-0"
10'-0"
I Presbyterian
® Hospital of Denton
o MCK�7C �s"i
Main Entrance
T The Center for Women
T Surgery Center
+ Medical Buildings 4-6
+ Receiving
6"
6"
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CONCRETE FOOTING
SYNTHETIC STONE MASONRY BASE z
WITH RUSTICATED BANDING o
F-
MAIN ELEVATION AICI
SIGN ® DETAIL
SCALE: 3/8' = 1'-0°
GauceNp
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Alce6
Denton, Texas
rian Hospital of Denton I EXHIBIT E-2
February 1, 2005 1 page 3 of 4
2'-6" SIGNAGE BY VENDOR —.COORDINATE
ANCHOR/BASEPLATES WITH VENDOR
VARIES VARIES EXTEND BASE 6" MIN. BEYOND
EDGE OF SIGN, EACH WAY
pl nI / FINISH GRADE
—� p ITII a v . p
is II. FI a
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SECTION - 2
p STEEL REINFORCED
o. CONCRETE FOOTING
4 — #4 CONT. WITH #4
BARS AT 2'-0" O.C.V.
MASONRY BASE DETAIL
SCALE:16 = 1'-0"
ILLUMINATED MONUMENT SIGNAGE BY
VARIES I VENDOR — COORDINATE
3'-0"
1
�\M�
i IIE
ANCHORS/BASEPLATE WITH VENDOR
4" CALSIUM SILICATE MASONRY CAP.
BLOCK — INSTALL FLEXIBLE
FLASHING BELOW TOP COURSE
4" DRESSED FACED COURSE WITH
FLUSH VERTICAL JOINTS
4" ROCKED FACE COURSE WITH
RAKE JOINTS TOP & BOTTOM
CONCRETE STEM WALL WITH
MASONRY ANCHORS TO VENEER
12" DRESSED FACE COURSE WITH FLUSH
VERTICAL JOINTS — GROUT BOTTOM VOID
-AND INSTALL WEEPS TO GRADE
STEEL REINFORCED
CONCRETE FOOTING
—5 — #4 CONT. WITH #4
BARS AT 2'-0" O.C.V.
SECTION -1 MASONRY BASE DETAIL
SCALE:10 = 1'-0"
Presbyterian Hospital of Denton
Croup EXHIBIT IF
ArcEitech _
Denton, Texas
February 1, 2005 1 papa 4 of 4
Exhibit G
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