2004-223O INANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN
ENCROACHMENT AGREEMENT TO ALLOW THE INSTALLATION OF A MONUMENT
SIGN WITHIN AN EXISTING CITY OF DENTON PUBLIC UTILITY EASEMENT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, The City Council finds that approval of the Encroachment Agreement
attached hereto and made a part hereof by reference (the "Agreement") is in the public interest;
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. The City Manager or his designee is
hereby authorized to execute the Agreement on behalf of the City and to carry out the City's
rights and obligations under the Agreement.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the ,~/~day of ~_f&f~f_~ ,2004.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBE~TORNEY
BY:
ENCROACHMENT AGREEMENT
WHEREAS, Kwik Industries, Inc., a Texas corporation (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 0.0003 acre 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 anywork 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
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 receipt of an invoice from the CITY.
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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. /r)
Dated to be effective as of the ~'/ day of//~.~/~/~ , 2004.
CITY OF DENTON, TEXAS
CITY MANAGER
215 E. McKinney
Denton, Texas 76201
Al-rEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO FORM:
BY: "' ~//
Kwik Industries, Inc.
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Encroachment Agreement. DOC Page 3
Name.'./
4725'Nall Road
Dallas, TX 75244
ACKNOWLEDGEMENT
THE STATE OF TEXAS §
COUNTY OF DENTON § /~
This ins~u'ment was acknowledged before me on(,~~ //,2004
by Michael A. Conduff, CITY Manager of the CITY of ~enton, Texas, on behalf of such
muni ality v
Nota Public i e of Texas
My Commission Expires: ..~-~?~/~ ~r) ~
ACKNOWLEDGEMENT
ANN FORSYTHE
MY COM,ISSION EXPIRES
THE STATE OF,, ~ §
COUNTY OF U~-~,,, §
This instrument was acknowledged before me on l~u_ ~f
Industries Ino., ~ Tex~ oorpor~tion, on behalf of ~id ~o~omtion.
Nota~ Public in and for the State of ~
,2004
My Commission Expires:
of the Kwik
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Encroachment Agreement. DOC Page 4
EXHIBIT A
LEGAL DESCRIPTION
BEING a tract of land situated in the John McGowan Survey, Abstract No. 797,
in the City of Denton. Denton County, Texas, and being a part of a Lot 1, Block
A of Wind River Estates Phase 1, an Addition to the City of Denton, Denton County,
Texas, according to the Plat thereof recorded in Cabinet 0, Slide 27, Plat Records,
Denton County, Texas, and lying in an existing 20' Easement granted to the Upper
Trinity Regional Water District by deed recorded under Denton County Clerks File
No. 93-R0038656, Deed Records, Denton County, Texas, and being more particularly
described by metes and bounds as follows:
COMMENCING at the southwest corner of said Lot 1, Block A, a 1/2" iron rod
found for corner;
THENCE South 88° 23' 25" East, with the south line of said Lot 1, Block A, a
distance of 12.26 feet to a point for corner;
THENCE North 01° 36' 35" East, traversing said Lot 1, Block A, a distance of 24.92
to a point for corner, and the POINT OF BEGINNING;
THENCE North 00 degrees 40 minutes 55 seconds West, 2.00 feet to a point for
corner;
THENCE North 89 degrees 19 minutes 02 seconds East, 7.00 feet to a point for
THENCE South 00 degrees 40 minutes 55 seconds East, 2.00 feet to a point for
THENCE South 89 degrees 19 minutes 02 seconds West, 7.00 feet to the POINT OF
BEGINNING and .containing 14.00 Square Feet or 0.0003 Acres of land.
EXHiBiT B
I
I
I
I
I
II
I1
I
LOT 1, BLOCK A
W1ND RIVER ESTATES PHASE 1
CAB, O, SLIDE 27,
Sl C: ,~-:'~'~":'~- - ~
AREA DETAIL
LOT 1, BLOCK A
W1ND RIVER ESTATES PHASE 1
CAB. O, SLIDE 27, P.R.D.C.T.
L-5
L-1 S 88'23'25" E 12.26'
L-2 N 01'36'55" E 24.92'
L-3 N 00'40'55" W 2.00'
L-¢ N 89'19'02" E 7.00'
L-6 S 00'40'55" E 2.00'
L-7 S 89'19'02" W 7.00'
FRED DOSSE~
CL~K'S Flit NO. 94-R0090078
*N88'23'25"W 249.82'
(PLAT~250.O0')
EXHIBIT C
PLANS AND SPECS