HomeMy WebLinkAbout1755 Dove Road DocumentsResolution 13-24
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TOWN OF WESTLAKE
RESOLUTION NO. 13-24
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,
TEXAS, APPROVING A RIGHT-OF-WAY LICENSE AGREEMENT WITH ROLAND
AND BEANN ARTHUR, FOR THE INSTALLATION, MAINTENANCE, AND
OPERATION OF AN ENTRY FEATURE WALL AND LANDSCAPING, WITHIN
TOWN OF WESTLAKE RIGHT-OF-WAY ADJACENT TO DOVE ROAD IN THE 1700
BLOCK OF DOVE ROAD.
WHEREAS, the Town Council finds that the proposed improvements, to be located in
the right -of-way, pose no significant increase in hazard to citizens or motorists traveling on Dove
Road; and
WHEREAS, the Town Council and the Arthurs have entered into a Right -of-Way
License Agreement, attached hereto as Exhibit A, which addresses liability, maintenance and
removal of the improvements, to eliminate potential negative impacts to the Town or the citizens
of Westlake; and
WHEREAS, the Town Council finds that the passage of this Resolution is in the best
interest of the public.
NOW, THEREFORE, BE IT RESOLVED 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 approves the
Right -of-Way License Agreement, attached as Exhibit “A” to allow the Arthurs to install,
maintain and operate an entryway wall and landscaping within the Town of Westlake Right-of-
Way adjacent to Dove Road, as depicted in Exhibit “B” as attached.
SECTION 3: That the Town of Westlake Town Council hereby authorizes the Town
Manager to sign Exhibit “A” on behalf of the Town of Westlake.
SECTION 4: If any portion of this Resolution shall, for any reason, be declared invalid
by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions
hereof and the Council hereby determines that it would have adopted this Resolution without the
invalid provision.
Resolution 13-24
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SECTION 5: That this resolution shall become effective from and after its date of
passage.
PASSED AND APPROVED ON THIS 17th DAY OF JUNE, 2013.
ATTEST: _____________________________
Laura L. Wheat, Mayor
____________________________ ______________________________
Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
____________________________
L. Stanton Lowry, Town Attorney
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,
_______________________ a private property owner and citizen of The Town of Westlake,
Tarrant County, Texas (“The Licensee”).
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, Gate 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 ____________________, 2013.
3. The License must be renewed annually. A renewal application fee of $100.00, or
an amount as approved by Town Council at each previous year’s renewal, shall accompany each
annual renewal application. Notwithstanding any provision or term herein, 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. Further, there is no automatic right to renew
this Agreement. Any such renewal shall be solely at the discretion of Westlake.
4. Licensee agrees to obtain a Building Permit, and pay all applicable fees, for
improvements upon the License Tract within 30 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 become invalid upon termination of the License Agreement
by either party.
5. The License, License Tract or Entryway is not assignable by the Licensee without
the prior written consent of Westlake.
6. 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.
7. 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
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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 party contractors shall be reimbursed by the Licensee.
8. 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.
9. 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 maint ain 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.
10. 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.
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:
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To Licensee: ___________________________
___________________________
___________________________
Attention: _________________
And a copy to: ___________________________
___________________________
___________________________
To Westlake: The Town of Westlake
3 Village Circle, Suite 202
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 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 Lice nsee 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
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By: ___________________________________
Name: Thomas E. Brymer
Title: Town Manager
THE STATE OF TEXAS §
§
COUNTY OF TARRANT §
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
ACCEPTED ON THE TERMS AND
CONDITIONS CONTAINED HEREIN:
ROLAND ARTHUR AND BEANN ARTHUR
By: _________________________________
Property Owner
By: _________________________________
Property Owner
THE STATE OF TEXAS §
§
COUNTY OF TARRANT §
This instr ument was acknowledged before me on ________________, 2013, by
ROLAND and BEANN ARTHUR, property owner of 1755 Dove Road, Westlake Texas.
__________________________________________
Notary Public, State of Texas
3 Village Circle #202, Westlake Texas, 76262 eedwards@westlake-tx.org Office 817-490-5726
Town of Westlake
Planning and Development
Department
817-490-5726
NOTICE OF ORDINANCE VIOLATION
Date: May 24, 2013
Property owner, as shown on Tarrant Appraisal District records:
Arthur, Roland & Beann
Re: Violation(s) of Town of Westlake ordinances existing upon the property, and or adjacent right -of-way,
located at:
Roland Arthur Est
Blk A Lot 1
Homesite
A recent inspection of the above referenced property has confirmed that the following violation(s) of Town of
Westlake ordinances exists:
1. Construction of walls or fences upon Right-of-way without permits and without a license
authorizing the long-term use of right-of-way.
2. Constructing a solid wall or fence within the required Front Yard and closer than 10 feet from a
right-of-way.
Relative Code Section:
Sec. 102-121. – Generally.
(h) Fences. All fences within the town shall conform to the following standards:
(1) Fences may be built to a maximum seven feet in height. However:
a. No solid fencing greater than 3.5 feet in height may be placed within ten feet of a right-of-way line for a
roadway or open space corridor;
b. No solid fencing greater than 3.5 feet in height may be built in front of a building setback line;
3 Village Circle #202, Westlake Texas, 76262 eedwards@westlake-tx.org Office 817-490-5726
c. No chainlink fences shall be allowed unless completely screened from adjacent public areas and
properties by either structures or by solid landscape screening;
d. No solid wood fencing shall be allowed; and
e. Fences which are greater than 25 percent solid masonry shall be considered solid fencing.
(2) Split rail, steel pipe and wrought iron fences are encouraged.
(3) Precast solid fencing shall require special approval by the board of aldermen.
(4) Barbed wire fences. Barbed wire fences may be used without restrictions when in conjunction with
agricultural and related activities; provided, however, no barbed wire fence shall be located on any platted
property zoned for single-family use.
(UDC 1994, art. V, § 1)
The above violation(s) must be abated, within THIRTY DAYS from the date of this notice to avoid legal action
by the Town of Westlake. Legal action may include the issuance of citations, seeking an enforcement order to
cause the corrections to be made and assessing the costs incurred to the owner and or the property, injunctive
relief, and or other actions as permitted by law to effect the abatement of the violation(s).
As we discussed in previous phone calls and in the meeting held in my office earlier this week, there are two
options to abating the violation, either remove the walls/fences or obtain a license allowing the long-term use of
the right -of-way, and obtain a permit for the walls/fences and gates. The license will require Town Council
approval and as I mentioned in the meeting, there is no guarantee that the license will be approved, so
continuation of work is at your own risk.
Should you have any questions or concerns regarding this matter, or need a short extension due to
circumstances that I may be unaware of, please contact me.
Thank you for your cooperation,
Eddie Edwards
Director of Planning and Development
3 Village Circle, Suite #202
Westlake, Texas 76262
817-490-5726 office
817-800-0150 cell
eedwards@westlake-tx.org