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Ord 787 Approving a Right of Way License Agreement for the Quail Hollow Subdivision TOWN OF WESTLAKE ORDINANCE NO. 787 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, APPROVING A RIGHT-OF-WAY LICENSE AGREEMENT WITH QUAIL HOLLOW DEVELOPER, PROVIDING FOR THE INSTALLATION, MAINTENANCE, AND OPERATION OF A PERIMETER WALL/FENCE WITHIN THE TOWN OF WESTLAKE RIGHT OF WAY ADJACENT TO FM 1938 AND DOVE ROAD; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE WHEREAS, the Town Council finds that the proposed improvement, to be located in the right of way, poses no significant increase in hazard to citizens or motorists traveling on FM 1938 and Dove Road; and WHEREAS, the Right-of-Way License Agreement, attached hereto as Attachment A, addresses liability, maintenance and removal of the improvements, to eliminate potential negative impacts to the Town or the citizens of Westlake for the construction of the perimeter wall/fence as depicted in Exhibits A, B and C of Attachment A; and WHEREAS, the Town Council finds that the passage of this Ordinance is in the best interest of the public. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: That the Town of Westlake Town Council does hereby approve the Right- of-Way License Agreement, attached as Attachment A, to allow Quail Hollow Developer to install, maintain and operate a perimeter wall/fence within the Town of Westlake right of way on adjacent to FM 1938 and Dove Road, as depicted in the construction plans identified as Exhibits A, B and C of Attachment A, as attached hereto and incorporated herein. SECTION 3: That the Town of Westlake Town Council hereby authorizes the Town Manager to sign the Right-of-Way License Agreement on behalf of the Town of Westlake. SECTION 4: It is hereby declared to be the intention of the Town Council of the Town of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared legally invalid or unconstitutional by the valid judgment or decree of any court of Ordinance 787 Page 1 of 6 competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the same would have been enacted by the Town Council of the Town of Westlake without the incorporation in this Ordinance of any such legally invalid or unconstitutional, phrase, sentence, paragraph or section. SECTION 5: That this Ordinance shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 22 DAY OF AUGUST 2016. ATTEST: Laurie -. Wheat, Mayor Kell Edwarl,Town Secretary thomas E. Brym v Manager APPROVED AS TO FORM: OF W ES T O14 : # r- L. S ton Lowr3d Town Attorney TE) � Ordinance 787 Page 2 of 6 ATTACHMENT A RIGHT OF WAY LICENSE AGREEMENT This Right-of-way License Agreement ("Agreement") is entered into as of 2016, between the TOWN OF WESTLAKE, TEXAS, a municipal corporation of Tarrant and Denton Counties, Texas ("Westlake") and, Quail Hollow Development I, LLC, in The Town of Westlake, Tarrant County, Texas ("Licensee"). For and in consideration of a non-refundable fee of $1,000.00 and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and in consideration of the covenants contained herein, Westlake and the Licensee agree as follows: Subject to the terms of this Agreement, Westlake hereby grants to the Licensee a perpetual, fully-paid license ("License") over, under and across the property identified in attached Exhibit A and Exhibit B, both of which are attached hereto and incorporated herein, ("The License Tracts") for the uses and purposes set forth herein, together with the right of ingress and egress along and upon the License Tract. This grant is made subject to all matters of record affecting the License Tract. The License shall only be used for the purpose of constructing, installing, reconstructing, replacing, using, operating, maintaining and removing a stone and/or metal fence and related footings and improvements (collectively, "The Improvements") as reflected in the perimeter wall/fence construction plans attached as Exhibit C, attached hereto and incorporated herein. The Improvements shall be constructed and installed substantially in accordance with the construction plans and shall not create a visibility impairment for traffic. Either party may terminate this Agreement, it its sole discretion, by giving the other party 180 calendar days written notice of such termination. In addition, this License may be terminated by Westlake upon thirty (30) calendar days prior written notice to Licensee should actual construction of the Improvements not be completed before December 31, 2016, subject to reasonable extension for delays not the fault of Licensee. License may also be terminated as set forth elsewhere in this Agreement. No portion of the fee shall be refunded upon termination. Upon termination of this License, the Licensee shall completely remove the Improvements and restore the License Tract to its prior condition. Licensee agrees to file a complete application for a Building Permit, and pay all applicable fees, for construction of the Improvements within 30 calendar days of the date that the License Agreement is signed by both parties. The issuance of a Building Permit shall be subject to all of the provisions of this License Agreement and shall no longer be deemed in force or effect upon termination of the License Agreement by either party in the event the Improvements have not been constructed as of the date of such termination. The License, License Tract or Entryway is not assignable by the Licensee without the prior written consent of Westlake. Ordinance 787 Page 3 of 6 Licensee indemnifies Westlake from any and all liability resulting from any claims to the extent arising out of resulting from the placement or construction of any improvements by Licensee, its contractors or its agents, upon the License Tract. Licensee shall carry General Liability insurance that names the Town of Westlake as an additional named insured in a form acceptable to the Town. The insurance shall be in an amount set by the Town, but in no event shall the required amount be less than $1 million or more than $2 million. The insurance shall at a minimum always be in the amounts and the types as set out in the Right-of-Way Management ordinance of the Town of Westlake, as currently exists or as may be amended from time-to-time. Westlake reserves and retains the paramount right to use the License Tract and grant other rights and Licenses across, over or under the License Tract to such other persons as Westlake deems proper. Westlake may grant such other Licenses, rights, or uses within the License Tract in Westlake's sole discretion. 9. The rights granted to Licensee are subject and subordinate to the prior and continuing right and obligation of Westlake to use the License Tract and surrounding property without liability to Licensee or to any other party for compensation or damages. 10. Licensee's rights are also subject to all outstanding superior rights (including those in favor of licensees, lessees of the License Tract, and other holders of interests in the Licensed Tract) and the right of Westlake to renew and extend the same, and are granted without covenant of title or quiet enjoyment. 11. Westlake shall have the right to remove all improvements installed pursuant to this Agreement or to carry out any other maintenance or restoration obligation of Licensee hereunder, provided that Licensee has been given notice and a reasonable period of time of at least 30 calendar days to take such actions and has failed to do so. Any relocation, removal, or repair of such improvements or the License Tract performed by Westlake or any third party contractors of Westlake shall be reimbursed by the Licensee. The notice period may be waived and repairs or removal may be instituted immediately, if, in the judgment of Town officials, such action is necessary for the safety, health or welfare of the Town, its residents, visitors or others. 12. Licensee shall repair any damage to improvements such as landscaping, paving, curbs, retaining walls, sidewalks, and signage on the License Tract or surrounding property and restore the surface of the License Tract and surrounding property from damage resulting from Licensee's use of the License Tract to Westlake's satisfaction. 13. Licensee shall not use the License Tract, or permit use of the License Tract, by any other person, in a manner that violates applicable laws or regulations or constitutes a hazard to the health, safety and/or welfare of the public. Except for the normal use of fuels, lubricants, chemicals required to install and maintain the improvements installed hereunder and their normal byproducts of use, Licensee shall not, and shall not permit any of its employees, agents, contractors, subcontractors, suppliers or invitees to generate, manufacture or dispose of on or about the License Tract or surrounding property any hazardous substance. If Westlake in good faith believes that a hazardous substance may have been generated, manufactured or disposed of on or about the License Tract by Licensee or any of its employees, agents, contractors, Ordinance 787 Page 4 of 6 subcontractors, suppliers or invitees, Westlake may have environmental studies of the License Tract or surrounding property conducted as it deems appropriate. 14. Except to the extent arising from the gross negligence or willful act or omission of Westlake, Westlake shall not be responsible for any claims, suits, losses, liability, costs and expenses from any User's use of the License Tract. A "User" is defined Licensee and contractor or agent of Licensee providing materials or service in connection with the design and construction of the improvements constructed hereunder. 15. All notices required or permitted hereby shall be in writing and become effective after being deposited in the U.S. mail, certified or registered with appropriate postage prepaid or, if delivered by some other manner, when actually received. Notices to the parties shall be addressed as follows: To Licensee: Quail Hollow Development I, LLC 935 W. Dove Rd Southlake, Texas 76092 Attention: Bryan Elliott, President To Westlake: The Town of Westlake 1341 Solana Boulevard, Building 4, Suite 4202 Westlake, TX 76262 Attention: Town Manager With a copy to: Boyle &Lowry, L.L.P. (which shall not constitute notice) 4201 Wingren Drive, Suite 108 Irving, TX 75062 Attention: L. Stanton Lowry From time to time a party may designate a new address for the purpose of receiving notices hereunder by giving notice of its new address to the other party in the manner provided above. 12. This grant of the License shall terminate and revert to Westlake or its successors in interest upon the termination of the License, or when the License Tract ceases to be used exclusively for the purposes permitted herein for a period of more than one (1) year, it being agreed that the construction and installation of the Improvements shall constitute "use" within the terms of this License. For the purposes hereof, "abandonment" shall not include any temporary periods when service is discontinued for regular maintenance purposes or during any relocation construction work permitted under this License. Ordinance 787 Page 5 of 6 EXECUTED to be effective as of the date first written above. TOWN OF WESTLAKE, TEXAS By: Name: Thomas E. ym r Title: Town Mana er THE STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on Q"' � g ��.�,..�,�� - 2016, by THOMAS E. BRYMER, Town Manager of the Town of Westlake, on be behalf of the Town of Westlake, Texas. o'aY,pGe+ KELLY EDWARDS ` �' =; Notary Pal s� �STATE ol: e� As Kelly)Edward ,Notary Public, State of Texas +rFof +P= Notary IC. 12406268.8 MY Comm.Exp.February 3.2018 ACCEPTED ON THE TERMS AND CONDITIONS CONTAINED HEREIN: By: Name: "-"yryan Ell= , Title: President THE STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on , 2-CA , 2016, by Bryan Elliot, the President of Quail Hollow Development I, LLC, at �c , Texas. KELLY EDW ', ' �.�.,. ....4 ..i.. .w � Notary Public Notary ublic, t e of Texas STATE OF TEXAS a` 'P Notary ID#12408288-8 '�4ri�+•'` y Comm.Exp,February 3.2018 E OF ,., M � Ordinance 787 Page 6 of 6 EXHIBIT SHOWING A 0.018 ACRE RIGHT-OF-WAY LICENSE AREA q N EXHIBIT A N 07048'17"E 5.71' S 82023'29"E ROW TO TARRANT COUNTY N 87°18'53"E DOVE ROAD q� S 82°11'43"E 58.20' D211043543 D.R.T.C.T. 13.35' 7.34' S 88029'01"E 106.55' S 89058'19"E 211.13' POB S82° W S88°1147"W N 89°58'31" 00.77 N 07 48'17"E 103.53' 100.00' 12.00' Arc - 95.32' Radius - 1165.14' 0.018 ACRE ROW Chord - N 84032'20"W 95.29' LICENSE AREA cm = POLYGON ENTERPRISES,INC. VOL. 9339,PG. 1071,D.RT.C.T. Cz W y a OC go LU T- 1..; • = 1/2" capped steel rod found W I, Jason B. Rawlings, Registered Professional Land Surveyor No. 5665 in MILLER the State of Texas, certify that this plat represents an accurate survey made on Surveying Inc. the ground under my supervision on August 2, 2016 of the 0.018 acre tract Commercial • Residential • Municipal described herein, and that the boundary 430 Mid Cities Blvd. 817-577-1052 lines, corners and dimensions shown a . Hurst, Texas 76054 TxLSF No. 10100400 herein are as indicated. ASaNB._RAI+V.... MIIIerSUrvey.rlet ..5665 � .poF �oa•'� ��D.•�ss •.��-1 Pa1 of 2 5"=R 9e Job No. 16058 • Plot File 16058 ROW License Ordinance 787 FIELD NOTE DESCRIPTION OF A 0.018 ACRE RIGHT-OF-WAY LICENSE AREA Being a tract of land out of the Memucan Hunt Survey, Abstract No. 756 and situated in the City of Southlake,Tarrant County, Texas, and surveyed by Miller Surveying, Inc. of Hurst,Texas in August 2016, said tract being a portion a portion of the right-of-way described as "Parcel 264, Part 4" in the judgment recorded as Document No. D211043543 in the Deed Records of Tarrant County,Texas and being more particularly described by metes and bounds as follows: Beginning at a 1/2 inch capped steel rod found for the most easterly corner of said Part 4, said rod being in the southerly right-of-way line of Dove Road; Thence South 82 degrees 56 minutes 01 seconds West with said southerly right-of-way line a distance of 100.77 feet to a 1/2 inch capped steel rod found; Thence North 89 degrees 58 minutes 31 seconds West continuing with said southerly right-of-way line a distance of 100.00 feet to a 1/2 inch capped steel rod found; Thence South 88 degrees 11 minutes 47 seconds West continuing with said southerly right-of-way line a distance of 103.53 feet to a 1/2 inch capped steel rod found for the beginning of a curve to the right with a radius of 1165.14 feet and whose chord bears North 84 degrees 32 minutes 20 seconds West at 95.29 feet; Thence westerly continuing with said southerly right-of-way line and with said curve along an arc length of 95.32 feet to a 1/2 inch capped steel rod found for the end of said curve; Thence North 07 degrees 48 minutes 17 seconds East continuing with said southerly right-of-way line a distance of 12.00 feet to a 1/2 inch capped steel rod found; Thence South 82 degrees 11 minutes 42 seconds East a distance of 7.34 feet; Thence North 07 degrees 48 minutes 17 seconds East a distance of 5.71 feet; Thence South 82 degrees 23 minutes 29 seconds East a distance of 58.20 feet; Thence South 88 degrees 29 minutes 01 seconds East a distance of 106.55 feet; Thence South 89 degrees 58 minutes 19 seconds East a distance of 211.13 feet; Thence North 87 degrees 18 minutes 53 seconds East a distance of 211.13 feet to the point of beginning and containing 0.018 acres of land, more or less. MILLER Surveying, Inc. Commercial • Residential • Municipal 430 Mid Cities Blvd. 817-577-1052 Hurst, Texas 76054 TxLSF No. 10100400 MillerSurvey.net Page 2 of 2 Ordinance 787 Job No. 16058 • Plot File 16058 ROW License --��`_ - O O �, I i OD CD N Q Q c — F.Mo 938— I — �cn/� I o V J Lu E . M . 1938 _ z H WALL NO I WALL NO . 2 H J ------ - - - n — _ - --- --- _ J END WALL N0 . 2 _ , BEGIN WALL NO . 1 1 7 U �� �r � I I = } U END WALL NO . 1 > �' Q �( I H BEGIN WALL NO . 2 o \\ 0 50 100 200 SCALE: 1 "=100 ' � co W�� r of TF'rgll1 J 0 \ 1;` f� �� r* *i W ' /MARK BURCKHARD 1 \ � �� CD I/ ��` - / U' - co 65301 f 1co - �-—� `-- -- �— --- - -----------------------------_ -- ----- - - - . Q - _ -------------- _ a � toalnm ® ,.,msFICA s 600 SIX FLAGS DRIVE, SUITE 500 AFlLINGTOH. TEXAS 76011 (877) 640-0535 cn cn 135+00 y ® F.M. 1938 — © zoo9 Lu w ZTfm,04wt f of TraAwtafim z F • M , 1938 z KEY MAP H H ---- - - - — - J F . M . 1938 RETAINING WALL LAYOUT U BEGIN WALL NO . 3 ` () STA . 118+00 TO STA . 136+50 END WALL NO . 3 W SHEET 2 OF Q SHEETS FEDERAL AID PROJECT NO. SHEET NO. A� Ate, 6 (SEE COVER SHEET) 197 CC iCD l i�_ l� �__'� `� \_ O STATE DIST. COUNTY Ordinance 787 z TEXAS FTW TARRANT HIGHWAY N0. 1978 01 1 048 F.M. 1938 J 1WES r: •KC SURFACE I'-" 9 ri4A CD C) LO Lu C, + + > ND --------------- CD - -- -------- ----------------------- --- ------ ------------ -------------- ---------- < t F.M. 1938 145+00 F . M . 1938 Lu ui z WALL NO 4A WALL NO ;4 8 END WALL NO, 4A BEGIN WALL NO. 4B I I BEGIN WALL NO. 4A u 4B END WALL N0. 4B Cj T 0 0 50 100 200 SCALE: 1"=100 F ....... ... 0 C:) 0 * ... .. ARD ... ........... .... 0 + + 11, 65301 CC) -- --- ------ ----------- CC) ----------A-- ----------- ------------- ------------- --------------- LO A 50 ,— L F.M. 1938 155+00 CONAL716 ft FLAI ARLINGSIX FLAGS DRIVE. SUITE 500 TON. TEXAS 76011 (8171 640-IM5 cn F . M . 1938 C2009 wwkTem DWtmt of Traqwtatlan Np, 6 WALL NO. 5 KEY MAP F . M . 1938 END WALL NO. 5 = RETAINING WALL LAYOUT C) C-) STA . 136+50 TO STA . 158+00 BEGIN W�LL NO. 6 0 I 0 SHEET 3 OF 4 SHEETS ui FEDERAL AID PROJECT NO. ISHEET (d0. 6 (SEE COVER SHEET) 198 STATE DIST. COUNTY BEGIN WA NO. 5 E N, TEXASFTW TARRANT Ordinance 787 cw— —1— - HIGHWAY NO. 1978 01 048 1 F.M. 193 JJWLSILAKE jbUHFAUEj—I93U 1HEINALL—KEYNAP J{EY3 O ` x O y �4 _� . OD 1 L!7 ------------ :\ < - - I-- F.M. 1938 U) _ a 165+00 z F . M . 1938 WA6L N0. 7 - BEGIN WALL N0. 7 { U � O Q < m END WALL N0. 7 O 0 50 100 200 D O SCALE: I "=100 ' 'r���E OF TFx�Stt r........................... ,y (MARK BURCKHARU �..:........................... / 65301 f fflt�TF�GISTE ��i// t\\!MNAL_ _ so LTM B848 6 R AIt6 600 SIX FLAGS DRIVE. SUITE 500 ARLINGTON. TEXAS 76011 (a 17) 640-0535 © 2009 r..=.. -�y� ♦ /�y {/Yt TGW U*whm/ of T/agwMtlm KEY MAP F . M . 1938 RETAINING WALL LAYOUT STA . 158+00 TO STA . 165+00 SHEET 4 OF 4 SHEETS FEDERAL AID PROJECT N0. SHEET 14 6 0 (SEE COVER SHEET) 199 STATE DIST. COUNTY Ordinance 787 TEXAS FTW TARRANT m�..x �"�"'" •"'� HIGHWAY NO. 1978 01 048 1 F.N. 1936 LAKE SV RF AC FMATMT, CAP - 1" FLAGSTONE TO MATCH WALL COLOR t13 Li ooaoafoafff° oa ooOL oa Eg �� oa ooQDDBE- [-_7 a00 D° ❑� ❑� ❑� aD ❑D aD aD OD ❑� ❑ B D ado oa�y oa�a oa�y oa�y oaoo oa �o oaoo oaoo �a�o oQ�o oa�� oa a oa�� oa�y �a�v D D ❑ Do oDo ❑ Do pD ohoo `10� �o � �o � � oho �o o � �o o � o�l o0 CSI �o� o��a ����ooQ a��QoQ�al� o� ooa � ooa�QoQ ���QoQ ooa�QoQ ooa `�' o0 o�aoo'�❑oo�❑oa�❑oo�oo�❑o� a� �❑oo�❑oo�oo�❑oo�❑oa�❑ooa D ogoo�oo� ���I' ,moo N 2" SQUARE RAIL (TYP.) r 4EA REBAR SUPPORT CONCRETE FOOTER 1/2" SQUARE PICKETS (TYP.) 16" 12EA 8"x8"x16" CMU BLOCK 5 w/REBAR SUPPORT 16' IRON FENCE O QO pO pO p0 pO pO p� p0 pO pO QO _ (NO FOOTER) Oa v (]O OO OO 00 00 OO OO OO OO OO OO OO 00 �. EI�0 0 0 0 a o 26" 192" (16') 218" 5" STONE LEDGE (EACH SIDE) TYP. SECTION 'A' (NTS) TYP. SECTION 'B' (NTS) TYP. SECTION 'C' (NTS) 3: 3: 3: 30" DECORATIVE IRON - 0 0 0 Ir w w z z z 3: 3 0 0 0 INSTALL 30" 1.5' 1.5' DECORATIVE IRON SCREEN WALL o SCREEN WALL o EX. COMBINATION EX. HANDRAIL,,,,,,, a a RAILING VARIES Lo a no 0 COMBINATION RAILING BENT EX. RETAINING WALL\ EX. CONC. RIP-RAP \\ VARIES EX. CONC. RIP-RAP 15' ELECTRIC / WALL ESMT TOWN ROW QUAIL HOLLOW TOWN ROW QUAIL HOLLOW TOWN ROW QUAIL HOLLOW THIS DOCUMENT IS FOR INTERIM REVIEW AND IS NOT INTENDED FOR CONSTRUCTION, BIDDING OR PERMIT PURPOSES. BY: Clayton T. Redinger Reg. No.: 97497 Date: 05/16/2016 1. SCREEN WALL STONE SHALL BE RANDOM NATURAL LEUDERS TAILINGS. QUAIL HOLLOW 2. MOCK UP WALL SHALL BE CONSTRUCTED ON SITE AND APPROVED BY THE OWNER PRIOR TO CONSTRUCTION. PERIMETER WALL EXHIBIT WESTLAKE, TEXAS ® INC.�j 420 Johnson Road, to 303 Keller,Texasas 76248 D E O TTE, T • Fax 817-337-5133 Phone 817-337-8899 CIVIL b:N G I N E E R T N G FIRM RF.GTSTRATION:#F-003116(TY) W W W.DF.OTTE.COM Ordinance 787 DRAWN BY SCALE I DATE: PROJECT NO.: SHEET. CTR 1 3116" = V 811312015 1 2015111-00 1 OF 1 Controlling Name of Interested Party4 Nature of interest City, State, Country (place of business) Intermediary (check applicable) CERTIFICATE OF INTERESTED PARTIES 1295FORM 1 of 1 1 OFFICE USE ONLY 2 06/24/2019 Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. Name of business entity filing form, and the city, state and country of the business entity's place of business. Quail Hollow Development I Westlake, TX United States Name of governmental entity or state agency that is a party to the contract for which the form is being filed. Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 3 Town of Westlake ROW license Agreement for the wall/fence Ord 787 2019-509043 06/25/2019 Date Filed: Date Acknowledged: Certificate Number: CERTIFICATION OF FILING 6 Signature of authorized agent of contracting business entity My name is _______________________________________________________________, UNSWORN DECLARATION Check only if there is NO Interested Party.5 X My address is _______________________________________________, _______________________, and my date of birth is _______________________. Executed in ________________________________________County, I declare under penalty of perjury that the foregoing is true and correct. (street)(state)(zip code)(country) (year)(month) _______, ______________, _________. State of ________________, on the _____day of ___________, 20_____. (city) (Declarant) Version V1.1.39f8039cwww.ethics.state.tx.usForms provided by Texas Ethics Commission