The URL can be used to link to this page

Home My WebLink AboutItem 5 handout--TL ao Ex I Explanation * Proposed Right of Way License Agreement A Surveyed Property Showing Easement B Surveyed Property with Defined Measurements of Entryway B1 Overview Gate Entry B2 North Side Gate Entry B3 Interior Gate Entry - Protetion of trees B4 Interior Gate Entry - Protetion of trees B5 South Entry Detail B6 North Entry B7 North Entry Detail B8 Center Entry Detail B9 Iron Gate B10 Landscape In Home to Show Depth of Landscape B11 Landscape In Home to Show Depth of Landscape B12 Landscape In Home to Show Depth of Landscape B13 Purchase Pond Part B14 Invoice for Proposed Landscape B15 Cast Stone for Address B16 Lantern Example - 10 lanterns B17 Example Small Portion of Easement to Surrounding Property RIGHT OF WAY LICENSE AGREEMENT This Right -of -way License Agreement (this "Agreement ") is entered into as of 2013, between the TOWN OF WESTLAKE, TEXAS, a municipal corporation of Tarrant and Denton Counties, Texas ( "Westlake ") and, ROLAND AND BEANN ARTHUR, private property owners and citizens of The Town of Westlake, Tarrant County, Texas ( "The Licensees" ). For and in consideration 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: 1. Subject to the terms of this Agreement, Westlake hereby grants to the Licensee a license (the "License ") over, under and across the property described in attached EXHIBIT A (the "License Tract "). This grant is made subject to all matters of record affecting the License Tract. 2. The License shall only be used for the purpose of constructing, installing, reconstructing, using, operating, maintaining and removing a Masonry Wall, fence, and Landscaping as reflected in the plans attached as EXHIBIT B, (the "Entryway Plans "), together with the right of ingress and egress along and upon the License Tract. The Entryway must be constructed and installed pursuant to the plans as shown on attached Exhibit B (the "Plans "). Further, this License shall automatically terminate should actual construction of the Entryway not be completed before December 31, 2013. 3. The License will be automatically renew annually, subject to the limitations set out herein. Notwithstanding any provision or term herein, in the event Westlake, or its assigns, elect to widen Dove Road, Westlake may terminate this Agreement, at their sole discretion, by giving the Licensee 180 days written notice. Upon such termination notice, the Licensee shall completely remove all improvements and restore the right of way to it's prior condition. 4. The License, License Tract or Entryway is not assignable by the Licensee without the prior written consent of Westlake. 5. Licensee indemnifies Westlake from any and all liability resulting from any claims resulting from the placement or construction of any improvements upon the License Tract. 6. 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, provided such other grants do not interfere with the use of the License by Licensee for the purpose set forth herein. Westlake may grant such other Licenses, rights, or uses within the License Tract in its sole discretion. 5. 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. 6. Licensee's rights are also subject to all outstanding superior rights (including those in favor of licensees, lessees of said right -of -way, and others) and the right of Westlake to renew and extend the same, and are granted without covenant of title or quiet enjoyment. 7. Westlake shall have the right to remove all improvements installed pursuant to this Agreement provided that (a) Licensee has been given notice and reasonable time, as set out in this agreement, to remove the improvements prior to Westlake taking action. (b) Any relocation, removal, or repair of the Entryway or the License Tract described in this agreement performed by, Westlake or any third parry contractors shall be reimbursed by the Licensee. 8. 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 entryway 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, subcontractors, suppliers or invitees, Westlake may have environmental studies of the License Tract or surrounding property conducted as it deems appropriate. 9. Except with regard to those 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 to include any person, including Licensee, providing materials or service in connection with the design and construction of the facilities. 10. Licensee shall maintain the area subject to this license, including landscaping, mowing, maintenance, or lighting of the area. 11. 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: Roland and BeAnn Arthur 1755 West Dove Road Westlake, Texas 76262 To Westlake: The Town of Westlake 3 Village Circle, Suite 202 Westlake, TX 76262 Attention: Town Manager License Agreement 2 Westlake RA BA 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 parry 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. 11. This grant of the License shall terminate and revert to Westlake or its successors in interest upon the termination of the License, or upon abandonment by Licensee or when the License Tract ceases to be used exclusively for the purposes permitted herein for a continuous period of more than one (1) year, it being agreed that the construction and installation of improvements shall constitute "use "; however, prior to the effectiveness of any such reversion, Westlake shall provide written notice to Licensee of such impending reversion ( "Westlake's Notice'). Provided that the License has not been terminated, the reversion clause in this Section shall not be effective if Licensee (a) notifies Westlake in writing within thirty (30) days following Westlake's Notice that Licensee has not abandoned the License Tract and that the License Tract has not ceased to be used exclusively for the purposes permitted herein for a continuous period of more than one (1) year, (b) in each case provides to Westlake reasonable documentation thereof, and (c) if Licensee has temporarily ceased its use of the License, recommences the uninterrupted use thereof within 120 days following Westlake's Notice. 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. EXECUTED to be effective as of the date first written above. TOWN OF WESTLAKE, TEXAS By: Name: Title: THE STATE OF TEXAS § COUNTY OF TARRANT § Thomas E. Brymer Town Manager This instrument was acknowledged before me on , 2011, by THOMAS E. BRYMER, Town Manager of the Town of Westlake, on behalf of the Town of Westlake, Texas. Notary Public, State of Texas License Agreement 3 Westlake RA BA ACCEPTED ON THE TERMS AND CONDITIONS CONTAINED HEREIN: ROLAND ARTHUR BEANN ARTHUR THE STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on _, 2013, by ROLAND ARTHUR, Licensee. Notary Public, State of Texas THE STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on _, 2013, by BEANN ARTHUR, Licensee. Notary Public, State of Texas License Agreement 4 Westlake RA BA EXHIBIT A JPH Land Surveying, Inc. 807 Bluebonnet Drive, Suite C, Keller, Texas 76248 Tel: (817)4314971 jphls.com Exhibit "A" Legal Description FIELD NOTES to that certain tract situated in the right -of -way dedication to the Town of Westlake, Tarrant County, Texas according to the plat of Roland Arthur Estate recorded under Instrument No. D210231152 Official Public Records of Tarrant County, Texas, said tract being a portion of Dove Road; the subject tract being more particularly described by metes & bounds as follows: Beginning at a 1/2 inch capped rebar stamped "JPH LAND SURVEYING" set at the most easterly southeast corner of Lot 1, Block A of Roland Arthur Estate recorded under Instrument No. D2 1 023 1 1 52 of the Official Public Records of Tarrant County, Texas, from which a 1/2 inch capped rebar stamped "JPH LAND SURVEYING" set at the northeast corner of said Lot 1 bears for bearing basis a chord bearing of North 27 Degrees 10 Minutes 47 Seconds West, a chord distance of 182.52 feet, said most easterly southeast comer being the beginning of a curve concave to the northeast (curve to the right) having a radius of 541.28 feet; THENCE in a northwesterly direction, with the arc of the said curve, an arc length of 75.45 feet to a point on the northeast line of Lot 1; THENCE North 61 Degrees 06 Minutes 03 Seconds East (radial), through the interior of the right -0f -way dedication to the Town of Westlake, Tarrant County, Texas according to the said plat of Roland Arthur Estate recorded under Instrument No. D2 10231 1 5 2 Official Public Records of Tarrant County, Texas, a distance of 40.00 feet to the north corner of the herein described tract, being the beginning of a curve having a radius of 501.28 feet and whose center is the same as the aforementioned curve; THENCE in a southeasterly direction, continuing through the interior of the right -of -way dedication, along the arc of the said curve, an are length of 70.00 feet to the southeast line of the said right -of -way dedication; THENCE South 53 Degrees 17 Minutes 25 Seconds West, with the said southeast line of the right -of -way dedication, a distance of 40.00 feet returning to the Place of Beginning and enclosing 2,909 square feet. of TEa , Jewel Chadd �r •:e� , .s Registered Professional q` •• U` Land Surveyor No. 5754 j�Gt1Pfl' jewel @jphls.com,• Y June 13, 2013 LAN' SuPy Exhibit tB" im POLYGON ENTERPRISES, INC. VOLUME 9339, PAGE 1071 D_R.T.C.T. RIGHT -OF -WAY DEDI TION TOWN OF WFS INSTRUMENT NO. D2102 1152 O.P.R.T.C.T. Ir183.39, R =54128 A=019"24'46" N2rlV47"N- 182.52' (Bearing Basis) LOT 1, BLOCK A ROLAND ARTHUR ESTATE INSTRUMENT NO. D210231152 O.P.R.T.C.T. P.O.B. NNs L= 70.00, OFASPHALT �o \ POLYGON ENTERPRISES, INC. VOLUME 9339, PAGE 1071 D.1LT.C.T. Exhibit Showing 2,909 square feet Right -of -Way Dove Road Town of Westlake, Tarrant County, Texas L a N d cas O 1/2" capped rebar stamped "JPH Land Surveying" set T E, - nms O Mag nail with washer stamped "JPH Land Surveying" set E fi E�'• ~':,, D12.T.C.T, Deed Records Tarrant County, Texas O.P_RT.C.T. Official Public Records Tarrant County, Texas co ? � .. • P.O.B. Place of Bcginning Sit T FESf�� 807 Bluebonnet Drive, Suite C IM SUA Scale: 1" North Keller, Texas 76248 Job Number 2011 0..00 32.001 Tel (81»431 -4971 June 13, 2013 0 2013 JPH Land Surveying, Inc. L= 183.39, R =541 0= 019 °24', N27° 10'47 "W -182. (Bearing Basis) LOT 1, BLOCK A ROLAND ARTHUR ES" INSTRUMENT NO. D210 O.P.R.T.C.T. EXHIBIT B 6'H Exhibit Showing 2,909 square feet • IM i� �ww� . GATE ENTRY EXHIBIT B.1 .0 -1 Lim-d-- P, B.2 North Side - I 7 EXHIBIT 7 Existing Fence a y� fR'�1 •j �'.. � ,p � Jai. � ��•� R �� a k ob kbk , l .rr � sa ^ t •fir _ ,a.. °w.... , 4MARK Opp '• 'vi * Awl" �,. i fl - •. x Ale, c > ; i . �. Ao c e. . ' r �IM Arl -+i. !TS�•.Mr. ifs• '. •,/. X.® Y... ^ . ' r �IM 1E -+i. !TS�•.Mr. ifs• '. •,/. X.® Y... ^ iwrw.w•. �:.1 s�,fa.y j�-- a �ti.- . 'aera/t•r _ A St+ A 1E a . a • a. � .. • � ter. �• �� t►' � . r - -t T.'a'- f � I Al lei e -OVA i -Ito FEEMEMEM" EXHIBIT B.8 Center Entry Detail i. .•.i t ,f, 4 - �' %.fir h• 6 `+ p ..- r tii �•� • - , ,:� �► t� fit' '� ai ►� f, , M IL M� EXHIBIT B.11 Landscape Example Our Home J.'. AW _.rum` �s "`'• _.�. fit.... � f y�i •� r oe . e r lw - i EXHIBIT B. Landscape All Example Our Home i WATER GARDEN & x01 POND SUPPLIES a COMPLETE ACCE550RIES wATER WELL & IRRIGATION PUMPS • FLOATING FOUNTAINS SWIMMING POOL EQUIPMENT • MOTORS & PARTS #Ac402, #AI- 233591, #WW.S4492KP ac QUOTE[ x SPECIAL ORDER EXHIBIT BA 3 Expense Pond Parts__ pay as you Go 1PAGti X Store Credit —1 SOLD TO: (first & fast Name) Ed Ru{bal COMPANY: Landscape Systems of Texas Customer Address: 501 S. Pear{ City / State / zip: Dallas, TX 75201 Customer Phone # .214-748 -1435 / 972- 880.3088fd Customer Email. ed @landscapesystems.com DB Customer # 8677 CPU Model No. /Part/Item No. Uescnpuun. Powerfali, 48' w/6 " extended lip, backfeed i POL- 1204003 EPDM rubber liner, 25 x 50' 2 FIR- W56PL42505 Pump,' Roughneck, 1/4hp,1725rpm,115/230v 3 PER- RN -14P Union half, fits' Roughneck pump, 2" 4 CMp- 21023 -000 -000 main Drain, 2" suctionw %black anti vortex gri 5 WAT- 6402751V Ball valve, 11/2 ", soc 6 SPE BV2622 -015 Reducer bushing, 2', x:1'1/2 ", spig x soc 7 RB- 437262 PVC Flex tubing, 2" -sch 40, black, 50'f roll 8 PER- 52008K tubing , l.1 /2" sch 40; black, 50' /roll 4300gph SHIP TO: *NOTES: in bound freight charges for Powerfalis will be in addition to above pricing. lAll additional plumbing parts neccesary .to complete installation will be at eemitional cost. *NO RETURNS on SPECIAL ORDERS and NON -STOCK Items* Quotes, Special Orders and Non -Stock items are not subject to return or refund. Quotes and Special Orders are individually tailored to include the equipment, components, specifications and requirements of each customer. Prices are subject to change without prior notice. Dickson Brothers is not responsible for pricing errors and supplied ttle right h Dickson Brothers, Any available, at tr materials, or fittings not provided for in this quote can be acceptance additional expense to the purchaser, All condment Is due m full prior tofthe oo dertbeing accomodatedn Freight will of this Quote d at shipping and paid for by the customer when merchandise is.piciced up, or prior to delivery of items. Information on product warranty is available upon request. JRECEINED 8Y: 2013 X the equipment 'SIG u / PRINT NAME ff different than above* NATURE o4 the person Picking up 4 p DICKSON BROTHERS, INC 204 N. Galloway - Mesquite Texas 75149 (972) 288 -7537 Order DATE: 05,30.2013 DU pOH 13861 Salesperson: KWM Tax Exempt? Yes TAX 0.00% $ - ORDER TOTAL: $ 4,538.41 5 &H /Insu$ FREIGHT Tot a DATE NST PAYMENT TYPE . - ppy,nenti PSYMI t2 BALANCE DUE: $ 4,538.41 PAG ex I�_ $ Price $ AMOUNT Z —' $645,01 $ 1,290.02 2 $850.00 $ 1,700.00 2 $597.98 $ 1,195.96 4 $10.19 $ 40.76 2 $24.49 $ 48.98 2 $19.65 $ 39.30 2 $1.34 $ 2.68 2 $83.16 $ 166.32 1 $54.39 $ 54.39 Product Total: $ 4,538.41 Taxable LABOR Non -Tax LABOR LABOR Total: $ TAX 0.00% $ - ORDER TOTAL: $ 4,538.41 5 &H /Insu$ FREIGHT Tot a DATE NST PAYMENT TYPE . - ppy,nenti PSYMI t2 BALANCE DUE: $ 4,538.41 EXHIBIT B.14 Expense Entry Landscape LANDSCAPE SYSTEMS GARDEN CENTER Beautifying North Texas Homes and BusinesSes or more than 25 Years PROPOSAL QUANTITY SIZE COST/PER TOTAL BED PREPERATION / PRO BEDDING MIX 960 SQ FT $ 2.50 $ 2,400.00 LABOR / INSTALLATION OF FOUNTAIN AND $ 1,500.00 BOULDERS BEHIND WALL 6 4.5 INCH $ 750.00 $ 4,500.00 CHINEESE PISTACHE FRONT OF WALL 2 36 INCH $ 1,050.00 $ 2,100.00 MESQUITE TREE 2 45 GAL $ 750.00 $ 1,500.00 tES NECKLACE MOUNTAIN LAUREL 4 30 GAL $ 750.00 $ 3,000.00 2 36 INCH $ 1,050.00 $ 2,100.00 DESERT MEASUM 6 30 GAL $ 550.00 $ 3,300.00 AGAUVE MIXED RED / YELLOW / YUCCAS 50 5 GAL $ 40.00 $ 2,000.00 100 1 GAL $ 14.00 $ 1,400.00 PERRINIALS SHREDDED HARDWOOD BARK MULCH 10 YARDS $ 85.00 $ 850.00 MIXED SEASONAL COLOR 40 FLATS $ 30.00 $ 1,200.00 20 BAGS $ 10.00 $ 200.00 POTTING SOIL SUB TOTAL $26,050.00 TAX GRAND TOTAL TERMS JOB. 3% CHARGE FOR CC PROCESS Texas Cast Stone, Inc. Bill To: Juan Curiel EXHIBIT B.15 Expense Entry Name /Address Texas Cast Stone, Inc. 1817 Bomar Av Fort Worth, Texas 76103 Phone_ 817 -207 -9333 Fax: 817 - 207 -0555 Ship To: Customer Pickup Date Pb # Sales Rep Qty Item Units Description Unit Pr Total 17� J 24. 2' 44' our 34` Backplate Size: -Ni 3 ,1 W6 -1/4' H14 -1/2' 24 • Backplate Size: 14 W6 -1/4' H14 -1/2' 1' MEDIUM LARGE H34" W13" D17,5" H44' W17' D20,5` v DESIGN: MARSEILLE EXHIBIT B.16 LINE= WALL MOUNT 10 Lights (2 Gas - 8 Electric) cernsntncuma" FILE+ ES Hams U'ra Dv OLD CASTLE cannnr� r nnr v LIGHTING pgTE 5 -20 -2013 us 1 r7