M&C Review


COUNCIL ACTION:  Approved on 1/15/2019 

DATE: 1/15/2019 REFERENCE NO.: **L-16175 LOG NAME: 21HOWARD LICENSE AGREEMENT
CODE: L TYPE: CONSENT PUBLIC HEARING: NO
SUBJECT:  

Authorize a Twenty Year License Agreement to Leroy and Mary Lois Howard Revocable Living Trust for Use of Approximately 1.056 Acres of Land and Temporary Use of Approximately 1.58 Acres of Land Contiguous to the License Area, Being a Portion of City-Owned Property Known as Southeast Landfill Addition, Block 1, Lot 2-R, Tarrant County, Texas, for Construction, Installation, Maintenance, Repair, and Operation of a Roadway to Access 4900 Freeman Drive, Fort Worth, Texas (COUNCIL DISTRICT 8)


RECOMMENDATION:

It is recommended that the City Council authorize the negotiation and execution of a License Agreement for twenty years with the Leroy and Mary Lois Howard Revocable Living Trust for the use of approximately 1.056 acres of land, more or less, and temporary use of approximately 1.58 acres of land, more or less, contiguous to the license area, being a portion of City-owned property known as Southeast Landfill Addition, Block 1, Lot 2-R, Tarrant County, Texas, for construction, installation, maintenance, repair, and operation of a roadway for access to 4900 Freeman Drive, Fort Worth, Texas.

 
DISCUSSION:

City staff were approached by the Trustee for the Leroy and Mary Lois Howard Revocable Living Trust (The Trust) requesting use of a portion of City-owned property known as Southeast Landfill Addition, Block 1, Lot 2-R, for construction, installation, maintenance, repair, and operation of a roadway to provide access to and from 4900 Freeman Drive, Fort Worth Texas.  The Trust has provided preliminary drawings and alignments for the roadway across City property and has agreed to certain conditions based on discussions with City staff.  The License Area includes approximately 1.056 acres of land, more or less, and 1.58 acres of land, more or less, for temporary use during construction of the roadway.

Terms and conditions of a license agreement will include, but are not limited to, the following:

  • Licensee improvements to be constructed in the license area will be subject to all rules and regulations and all other federal, state and municipal rules, regulations, ordinances and laws, and other development and building codes of the City of Fort Worth.
  • Licensee will be responsible for obtaining approval by utility and communication companies to cross existing easements.
  • Licensee will be responsible for all costs and expenses  for any improvements to Salt Road required to connect Licensee's roadway improvements.
  • Licensee will be responsible for all costs and expenses related to the design, construction, maintenance, repair and restoration of any improvements located upon or constructed on the licensed area.
  • The license agreement will be non-exclusive and subordinate to the right of the City to use the property for any public purpose.
  • Annual license fee of $11,000.00, plus escalator.
  • Temporary Use Fee of $4,150.00 during construction of the roadway.
  • Additional terms and conditions as may be determined by Staff.

Approval of this M&C authorizes City staff to continue negotiations and enter into a license agreement subject to compliance with the above-outlined terms and any other terms that may be required to assure that City property and the Southeast Landfill operations are not adversely affected.

The property is located in COUNCIL DISTRICT 8.

 
FISCAL INFORMATION/CERTIFICATION:

The Director of Finance certifies that Property Management Department is responsible for the collection and deposit of funds due the City under this Agreement.

TO
    Fund Department
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Account Project
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Program Activity Budget
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FROM
    Fund Department
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Account Project
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Program Activity Budget
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(Chartfield 2)
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Submitted for City Manager's Office by:
Jay Chapa (5804)
Originating Department Head:
Roger Venables (6334)
Additional Information Contact:
Roger Venables (6334)

 
 
ATTACHMENTS
  1295 Revocable Living Trust.pdf
  MC MAP City Owned Property -Salt Road 1.pdf