2015-127ORDINANCE NO. 2015 -127
AN ORDINANCE APPROVING AN ENCROACHMENT AGREEMENT BETWEEN THE
CITY OF DENTON, TEXAS, AND RLB INVESTMENT PARTNERS, LLC, TO ALLOW A
DECK AND RELATED APPURTENANCES TO BE LOCATED WITHIN EXISTING CITY
EASEMENTS ON AND NEAR 321 W. HICKORY ST.; AND DECLARING AN EFFECTIVE
DATE.
WHEREAS, the City of Denton has received a request from RLB Investment Partners,
LLC, to allow a deck and related appurtenances to be located within existing City easements
pursuant to an Encroachment Agreement, a copy of which is attached as Exhibit "A"
( "Agreement "); and
WHEREAS, the City Council has found and determined that the Agreement is in the
public interest; and NOW, THEREFORE:
THE COUNCIL OF THE CITY OF DENTON ORDAINS:
SECTION 1. The findings and recitations contained above are incorporated herein by
reference.
SECTION 2. The Agreement is approved and the City Manager, or his designee, is
authorized to execute the Agreement on behalf of the City of Denton.
SECTION 3. This ordinance shall become effective immediately upon it passage and
approval.
PASSED AND APPROVED this the —5— day of May, 2015.
C f *—WA S, MA YOR ....��
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:��m�eeeeeee.
APPR(: IED AS' 0 FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
WWI
WHEREAS, this Encroachment Agreement ("Agreement") is between RLB Investment
Partners, LLC, a Texas limited liability company ("Licensee"), by and through its undersigned
authorized officer, and the City of Denton, a Texas home-rule municipal corporation ("City"), by and
through its undersigned authorized officer, and is effective the date it is signed by the City.
WHEREAS, Licensee owns real property located at 321 W. Hickory St. in the City of
Denton, Denton County, Texas, and more particularly described in the Amending Plat of Lot IA,
Block 3, Baines Addition, City of Denton, Denton County, Texas filed at Document No. 2015-34,
Plat Records, Denton County, Texas ("Property").
WHEREAS, the Property is encumbered with several easements held by the City, including,
but not limited to, the following:
I Ten (10) foot Utility Easement dedicated to the City under the Amending Plat
described above; and
2, Underground Utility Easement in favor of the City and recorded at Volume 2132,
Page 21, Real Property Records, Denton County, Texas.
In this Agreement the above easements are referred to as "City Easements."
WHEREAS, the Licensee has requested permission to use a 420.00 square foot area of the
Property that is within the boundaries of the City Easements for the installation of an outdoor deck
and related appurtenances ("Encroaching Facility"); the legal description and survey illustration of
the Encroaching Facility are attached as Exhibits "A" and "B" which are incorporated into this
Agreement ("Encroachment Area").
WHEREAS, the Licensee has entered into this Agreement to set forth certain responsibilities
that it has under this Agreement; and
WHEREAS, the City grants permission and license to Licensee to locate, maintain and repair
the Encroaching Facility within the Encroachment Area, subject to the following terms and
conditions:
It is understood and agreed that the City holds only easement interests in the
Encroachment Area. Therefore, Licensee is responsible to obtain whatever rights and
permission, other than the City's that may be necessary from any others having an
interest in the Encroachment Area. This agreement shall extend to, and are 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 City's Easement.
2, The Encroaching Facility shall be constructed in such a manner as not to interfere
with the use of the City Easements and shall be constructed in accordance with
applicable City of Denton Ordinance and Development Code requirements. Licensee
shall be required to obtain the necessary permits from the City of Denton prior to
installation and placement of the deck and related appurtenances. 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 in
this Agreement such term shall mean the Encroaching Facility constructed in
accordance with the Plans and Specifications and authorized modifications, if any. 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 Easements, including, but not limited to, utilities and related facilities, located
within the Encroachment Area now or in the future. 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 confines 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
Facility.
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
perfonming 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 deck and related appurtenances 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. 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
Page 2
shall not be liable for any damage to the Encroaching Facility as a result of the City's
use pursuant to the City Easements. 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 receipt of an invoice from the City.
9. Construction equipment and materials shall not be stored on the Encroachment Area
or City Easements during construction.
10. 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 after the City notifies Licensee, in writing, of such default, the City
may 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 Encroaching Facility.
I I 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 the date last signed below.
-- THIS SPACE LEFT BLANK INTENTIONALLY --
Page 3
CITY OF DENTON, TEXAS, a Texas home-rule
municipal corpoj'Mj'()t1)".,-',,
George C. (1 arvipbell, City anager
Signed on the Jr day of_ .w w 2015.
City of Denton
215 E. McKinney St.
Denton, Texas 76201
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY---------
API O S VED 'To FORM:
AN `A BURGESS, CITY ATTORNEY
BY:
Acknowledgment
State of Texas
Denton County
This instrument was acknowledged before me on the may of 5 2015 . . .........
by George C. Campbell, City Manager of the City of Denton, Texas, a Texas 11011#-1111C municipal
corporation, on behalf of same.
ir, State of Texas
K, WALTERS
NOO sta�e of Texas
Ql TY Pubk',
my C0VnW'NG'S00n ExpkNs
Decemcea 19, 201
Page 4
RLB INVESTMENT PARTNERS, LLC,
a Texas H9,14 d
Signature
Printed Name
_AQ . . . . . . . ...................................................... . . . ..... ............... . .
Title
Signed on the � day of 2015.
RLB Investment Partners, LLC
525 S. Loop 288, Suite 105
Denton, Texas 76205
Acknowledgement
State of Texas
Denton County
This instrument was acknowledged before me on the 0, 'q— day of ................. 2015,
byL --� ---- -,R ...................... .
------ ------- nEZ ?-- Nu� . ..... . ......... 4- (name),
(title) of RLB Investment
Partners, LLC, a Texas limited liability company, on behalf of the same.
""K
Expires
'WENDY PIERCE
My Commission Expires
April 10. 2018
After recording, please return to:
RLB Investment Partners, LLC
525 S Loop 288, Suite 105
Denton, Texas 76205
Page 5
... ........ .
Pu' e exas
Notary ic i
EX[1113 1'r A, TO E.11JCROACHMIE.Wr AGREEME.Y.I.' . LEGAL III ]S)CRIP'1.'.F.0N
COMMENCING at the Northwest corner • said Lot I R and being in the South Right • Way line of West Hickory
Street and being in the East line of Floyd Replat, an addition to the City of Denton, Denton County, Texas, as
,ecorded in Volumel 2, Page 49 Plat Records, Denton County, Texas;
Thence South 00 degrees 01 minutes 01 seconds East with the East line thereof and the West line • said Lot I R s
distance of 6.00 feet to a point for the Northwest corner of the herein described tract and being the POINT OF
BEGINNING;
THENCE North 89 Degrees 58 Minutes 59 Seconds East, a distance of 10.00 feet to a point for the Northeast
comer • the herein described tract;
THENCE South 00 Degrees 01 Minutes 01 Seconds East, a distance of 42.00 feet to a point for the Southeast
corner of herein described tract;
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EXHIII.31T C TO ENCROACHIME.N'.1' AGRIEEME.Nl P.LANS & SPECIFICATIONS
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SPECIFICATIONS:
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