2006-308S:\Our Documents\Ordinances\WRiley Encroachment Ordinance.doc
ORDINANCE NO. 2006 -JOO
AN ORDINANCE OF THE CITY OF DENTON APPROVING A LICENSE AGREEMENT
BETWEEN ERNESTINE E. RILEY AND THE CITY OF DENTON RELATING TO THE
ENCROACHMENT OF A DETACHED ARBOR AND OTHER IMPROVEMENTS ACROSS
AN EXISTING 16' DRAINAGE AND PUBLIC UTILITY EASEMENT LOCATED IN THE
JOHN MC GOWAN SURVEY, ABSTRACT NO. 797 AND BEING DESCRIBED IN
RECORDER'S NO. 2005OR0064327 OF THE DEED RECORDS OF DENTON COUNTY
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager, or his designee, is hereby authorized to execute an
Encroachment Agreement between Ernestine E. Riley and the City of Denton in substantially the
form of the Agreement which is attached to and made a part of this ordinance for all purposes,
for the purpose of locating a detached arbor within the 16' drainage and public utility easement
as described therein.
SECTION 2. The City Manager is authorized to make the expenditures as set forth in the
attached Agreement.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the 7 day of '2006.
RRY . McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROV)ED AS\TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY:
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS
INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
ENCROACHMENT AGREEMENT
WHEREAS, Ernestine E. Riley, Single, and Ronald C. Riley, Single, of Denton
County Texas, (hereinafter referred to as "LICENSEE"), has requested permission to
use an area within the boundaries of an existing CITY of Denton (the "CITY") Public
Utility and Drainage Easement ("CITY EASEMENT") as defined below, located in
Denton County, Texas for the installation of a detached arbor 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 and illustrated as an 0.0039 acre
parcel in Exhibit "A" attached hereto and 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 building permit from the City of Denton prior to installation and placement
of the detached arbor. 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 future 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.
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
S:\Our Documents\Contracts\06\Riley Encroachment Agreement.DOC
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 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.
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 the e2l day of 2006.
CITY OF DENTON, TEXAS
BY:
GEORGE C. CAMPBELL
CITY MANAGER
215 E. McKinney
Denton. Texas 76201
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: pl
S:\Our Documents\Contracts\06\Riley Encroachment Agreement.DOC
APPROVED AS TO FORM:
EDWIN
BY:
BY:
I/ 2108 Shenandoah Trail
Denton, TX 766210-2923
BY: Z~
RONALD C. RILEY
2108 Shenandoah Trail
Denton, TX 76210-2923
ACKNOWLEDGEMENT
THE STATE OF TEXAS §
COUNTY OFDENTON §
This instrument was acknowledged before me on 1110t/ern&&h d 7 2006,
by ity Manager of the CITY of DENTON, Texas, on behalf of
such municipality. 61=OZ610 C. 6AMPBGILI_
LtIotary Public and for th State of Texas
~o.. .Y•,a LINDA HOLLEY
is Notary Public, State of Texas
M
oo*Mb r08, Expires My Commission Expires: x-oe 9
December 08, 4009
S:\Our Documents\Contracts\06\Riley Encroachment Agreement.DOC
ACKNOWLEDGEMENT
THE STATE O IAca.S §
COUNTY OF np e 4,cY) §
This instrument was acknowledged before me ono O v rte/ l.- 2006,
by Ernestine E. Riley, of Denton County, Texas
"Og" SARAH J. ATKINS
Notary y comm. ublic, State Texas
my CoExpires 08r 12312008
Notary Public in and for the
My Commission Expires: _
ACKNOWLEDGEMENT
THE STATE OF §
COUNTY OF §
This instrument was acknowledged before me on 2006,
by Ronald C. Riley, of Denton County, Texas
SARAH J. ATKINS
Norary Public, State of Texas
";,E o My Comm. Expires 08/2312008
UPON FILING, PLEASE RETURN TO:
City of Denton
Engineering Department
Attn: Paul Williamson
601 East Hickory Street, Suite B
Denton, TX 76205
wluu-o'
Notary Public in and for the State of a
My Commission Expires:
S:\Our Documents\Contracts\06\Riley Encroachment Agreement.DOC
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