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2005-067S:\Our Doeuments\Ordinances\05\TRIAD Encroachment Agreement Ordinance.doc O =A C NO. O06--Ob 7 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 ~d~ d'ay oft ~~ .2005. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS,. CITY SECRETARY APPROVED AS TO LEGAL FOR/~[: 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 role municipality (called the "City"). WHEREAS, pursuant to City ordinance no.,~-~'TLicensee 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: 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-I" 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 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 "B-I" 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 a part hereof by reference; and Co 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-I" and Exhibit "G", and to be constructed in accordance with the sign detail set forth in Exhibit "B-2" and the ma, sonry 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 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 Eo 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-1" 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 Spac'flScafions; 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 Encroaclanent 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 p~mfission 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 nacessary from any others havinl~ 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 pem,;ts 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 pein'fitted lay this agreement. After installation of the Signs, Licensee shall restore the Encroachment Areas to their condition prior 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 comtm~ion. 4. The Signs are subordinate to the City's facilities and tights under City easements and tight-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 necessm-y 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 hl~l~sdiately at the Licensee's sole cost and expense without any liability to City for such action. 5. ' Licensee shall'defend, ind~u~dfy 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, co~truction, 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 Encroach'mm Areas. 6. Licensee and k'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 inju~g or death and $ 100,000.00 for each single occurrence for injury to or destruction of property. 7. Licensee shall lh~it excavations, ff 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 flananable 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 thc 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 after the City notifies Licensee of such default, the City may at its election forthwith terminate tlfis agreement and upon such tem~nation all of Licensee's rights hereunder shall cease and come to an end. This agreement shall also t~mii~mte upon the abandonment of the Signs. In the event of t~nnh~ation, Licensee shall [um~ediately 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 thc State of Texas and is fully performable in Denton County, Texas. Exclusive venue for the enforcement of thi~ Agreement is Denton County, Texas. ! Dated to be c~v~ ~ of~y of ~ ,2005 (the"~eo~o ~ato"). CITY OF DENTON, TEXAS ~/CIT3~,~kNAGER 215 ~ Mc~ey D~ton, Tex~ 76201 ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO FORM: ATTORNEY Page 4 ACKNOWLEDGEMENT THE STATE OF TEXAS § cowrr¥ ov rmNwo~ § This instrument was acknowledged before me on \j~. ~. ~ ,2005 by Michael A. Conduff, City Manager of the City of Denton, Texas, on behalf of such municipality. Not~-Publi~in and for the State of Texas My Comi~sion Expires: il "g~{I[,[,*}~'" J.n, 27, 2005 Page 5 LICENSEE: TRIAD-DENTON HOSPITAL, L.P. By:. Triad-Denton Hospital GP, LLC, a Delaware limited pmmerskip, Its General Partner Title:: Page 6 ACKNOWLEDGEMENTS STATE OF TEXAg ) ) COUNTY OF COLLIN ) SS. Th;e~foregoi0g ir~Irument was ac~p~w_lec~lge._d befo[e me ~s ~y of Febm~ 2005, by ~ [~fl~ , ~e ~~g ~ ofTfiad-~t~Ho~i~, GP,~C, a Dehw~ ~t~ h~W comply, ~e g~e~ p~ ofTfiad-Dm~n Ho~i~, LP., a Delaw~ ~t~ p~e~p, on beef of s~d ~md ~b~W ~mp~y~ ~ My Co~ssion ~xp~s: N~c~/~ ~/~/~ ¢~ted ~e) ]I~E~*'% ~lo~arv Public, State of Texas I1~ ~...~,:'~.,~ My ¢ornmtoelon Expires Page 7 EXHIBrr "A" Metes & Bounds Description Easement- Sign "C" Eugene Puchalsld Survey, A- 996 Denton, Denton County Texas BEING a tract of land located in the Eugene Puchalski Survey, Abstract No. 996, Dent0n.County Texas, also being part of Lot 1R, Block 1, Amending Plat - Lot 1K & 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); CO~CING 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 IR, 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 53013'24'' 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 15.0 feet to a point for comer; 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 Regislratioh No. 1942 Baird, Hampton & Brown 6300 Ridgiea Place Suite 700 Fort Worth, TX 76102 Sign "C" Easement 45 Square Feet Triad Addition Denton, Denton County, Texas 0 20' sCALE: 1"-- 20' Baird, Hampton & Bm~n Inc. ~nglneeelng ~ ~u~eylng ~a~ Hub~ ~LS NO. 1942 SIGN PLAN PROFILE WITH CURVED FACE Id~ON;~' I~E BELOW CONCRETE FOO~"G BELOW--/ ,~, 0. TOP VIEW 5'-0" x 12'-0" x 2'-0' iNTERNALLY ILLUMINATED SIGN CONsI~UCTED OF MONOLITHIC ALUMINUM WITH COPED OUT L~I IERING. 14'- 0' 6" 12'-0" ~ Presbyterian Hospital of Denton Main .Entrance X GR'~DE r .I I __L 15'-0" CONCREI~' FOOTING. SYNTHETIC STONE MASONRY BASE- WITH RUSTICATED BANDING MAIN ELEVATION SIGN I~~ DETAIL SCALE: 3/8" = 1'-0" 'l J Group Presbyterian Hospital of Denton Denton, 'l'e~s R~bma~/1, 2005 EXHIBIT A-2 page1 o14 EXI-HBIT '~" Metes & Bounds Description Easement - Sign "E" Eugene Puchalski Survcy, 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 IR, Block 1, Amending Plat - Lot 1R & Lots 2-8, Block 1, Tr/ad 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 "BItB 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 fight of way of Scripture Street (variable width right of way); THENCE South 48°57'51" west, a distance of 2.63 feet to thc POINT OF BEGINNING; TI-I]ENCE SOUTH, a distance of 7.0 feet to a point for comer; THE-~CE 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 215 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 76!02 Exhibit "B-I" Sign "E" Easement 17 Square Feet Triad Addition Denton, Denton County, Texas o 20, SCALE: 1"-- 20' i~.~_, ~CFC. /P TUtEEow.~ TFCFFT .'' ' .(~orioble w,dth R Lot 11~. ~.ot 3 Block l~ot 4 Block 1 '~ Block 1 ~.yln9 Pa~ Hubc~ ~LS No. 1942 SIGN PLAN PROFILE wrrH CURVED FACE CONCRETE FOOTING \ TOP VtEW GRAPE. 4'-0" x 6'-0' x 1'-4' INTERNALLY ILLUMINATED SIGN CONSTRUCTED OF MONOLITHIC ALUMINUM wrrH COPED OUT LETI'ERtNG. · ~ Main Entrance Patient Registration -) Medical Buildings t-3 4~ Receiving I CONCRETE FOOTING ~ SIGN (~1~ DETAIL SCALE: 3/8": 1'-0" Presbyterian Hospital of Denton February 1, 2005 page 2 of 4 A~e~s~on Arch~e~ Denton, Texas Metes 8: 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. 995, 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 "BI-IB 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, PPG)CT, and being on the south right of way of Scripture Street(variable width right of way); TItENCE South 80022, 13" West, a distance of t7.64 feet to the POINT OF BEGINNING; TItENCE 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; TIt~ENCE 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 Ridgiea Place Suite 700 Fort Worth, TX 76102 Sign "H" Easement 17 Square Feet Triad Addition Denton, Denton County, Texas o 20, SCALE: 1"-- 20 ~Ct:?/P TUf?E S Tf?EET (variable width ROW) ~ o o ' Lot 1R ['· , Block'l I Engineering ~ ~u~eylng Pa~ Hub~ ~LSNo. 1942 EXI-I~IT "D" Metes & Bounds Description Easement - Sign '~DD" Eugene Puchalsld 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 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, and being more particularly ' described by metes and bounds as follows (bearings referenced to said plat); COMMENCING at a $/8-inch iron rod with cap marked "BHB INC" found for the most southerly southeast comer of said Lot IR and being located on the north fight 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 00050'53' East, a distance of 15.0 feet to a point for comer; THENCE South 89°09'07' East, a distance of 3.0 feet to a point for comer; THENCE South 00050'53'' 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 0 2( SCALE: 1''= 20' Lot 1R Block II DETENTION piN flO' ELECTRIC '~"--'10' OAK (variabie width ROW) STREET ~]m ~ Bnlrd, Hompton & Brown, Inc. [] ~ En~Jlneerlrlg &: Su~,e~lrl~ Pa~ Hubc~ ~LS No. 1942 EXHIBIT E Motes & Bounds Description · Easement - Sign "R" Eugene Puchalski Survey, A - 996 Denton, Denton County 5Fexas BEiNG a tract of land located in the Eugene Puchalski Survey, Abstract No. 996, Denton County TeXas, being part of Lot 10P., 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 comer of said Lot 10R, and being the southerly southwest comer for the intersection of Scripture .Street (variable width fight of way) and Bonnie Brae'Street (variable width right of way); THENCE South 76o23'35'' 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 comer; TH]~NCE 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 Kegistared Professional Land Surveyor Texas Registration No. 1942 Baird, Hampton & Brown 6300 Ridgiea Place Suite 7O0 Fort Worth, TX 76102 EXHIBIT E-1 Sign "R" Easement 39 Square Feet Triad Addition Denton, Denton County; Texas 0 20' SCALE: 1''= 20' c~Ct~/P TURE ~ TREET (variable width ROW) Paul Hubert RPLS No. 1942' ~-"~mr~la~ird Hampton & Brown .Inc. SIGN PLAN PROFILE WITH CURVED FACE MASONRY BASE BELOW CONCRETE FOOTING BELOWI'3~-O"10'-0" --/ TOP VIEW --6'-O" x 10'--0" x 2'--O" INTERNALLY ILLUMINATED SIGN CONSTRUCTED OF' MONOUTHIC ALUMINUM WITH COPED OUT LLII£RING. 12'-0" 6' 6~'~ 10'-0" Presbyterian Hospital of Denton· Main Entrance The Center for Women Surgery Center Medical Buildings 4-6 Receiving 6~ GRADE I 13'L0- CONCRETE FOOTING SYNTHETIC STONE MASONRY BASE- WITH RUSTICATED BANDING MAIN ELEVATION SIGN DETAIL SCALE: 3/8' = 1'-0" Presbyterian Hospital of Denton Febma~j 1, 2005 Denton, Texas EXHIBIT E-2 page 3 of 4 I SECTION - 2 VARIES II II k SIGNAGE BY V~NDOR -. COORDINATE Il ~r ANCHOR/BASEPLATES WITH VENDOR L VARIES ~ /~ EXTEND BASE 6" MIN. BEYOND ~: y EDGE OF SIGN, EACH WAY J ~FINISH GRADE ' I1~ I FJ 1~ tm _ _1.' II I--11 El ? I ._-b:, -'.~ ~.L:' .J~sTEEL REINFORCED 'x~4 - #4 CONT WITH #4 BARS AT 2-00.C.V. MASONRY BAS[: DETAIL SCALE: 1" = 1'-0" MONUMENT SIGNAGE BY VENDOR - COORDINATE ANCHORS/BASEPLATE WITH VENDOR CALSIUM SILICATE MASONRY CAP. BLOCK - INSTALL FLEXIBLE FLASHING BELOW TOP COURSE DRESSED FACED COURSE WITH ' FLUSH VERTICAL OOINTS 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 INSTALL WEEPS TO GRADE SECTION- 1 L REINFORCED CONCRETE FOOLING - JJ¢ cONT. ~TH J4 BARS AT 2'-0" O.C.V. MASONRY BASE DETAIL SCALE:l" = 1'-0" Presbyterian Hospital of Denton Denton, Tex~ Febma~, 1, 2005 EXHIBIT F page 4 of 4 Exhibit