HomeMy WebLinkAboutCity Council-Agenda Packets-03/02/2021
City of Colleyville Page 1
City of Colleyville
City Council
Agenda
City Hall
100 Main Street
Colleyville, Texas 76034
817.503.1000
www.colleyville.com
Tuesday, March 2, 2021
REGULAR MEETING
8:00 P.M.
CITY COUNCIL CHAMBERS
CALL TO ORDER
1. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS
Announcements of civic and charitable events
Presentation of calendar events and updates
Announcements of awards and recognition
Recognition of businesses who provided support and donations during
the winter storm the week of February 15, 2021
2. CONSENT: READING AND PUBLIC HEARING- RESOLUTION R-21-4591
2a Approval of a Communications Facility License Agreement with Verizon
Wireless on the Hall-Johnson water tower
2b Approval of an Interlocal Agreement (ILA) with the City of Grapevine to
share the cost of construction for an emergency interconnection meter
vault on Roberts Road, and authorizing the City Manager to execute the
agreement
2c Approval of an Interlocal Agreement (ILA) with the City of Grapevine to
implement a Standard Operating Procedure (SOP) for an emergency
interconnection meter vault on Roberts Road, and authorizing the City
Manager to execute the agreement
3. ORDINANCE(S): FIRST READING AND PUBLIC HEARING
3a Ordinance O-21-2156
Consideration of a zoning change from PUD-R Planned Unit
Development-Residential zoning district to AG Agricultural zoning
district on Lot 1R, Block A, Eubank Addition, located at 311 W. Glade
Road, Case ZC21-001
City Council Agenda March 2, 2021
City of Colleyville Page 2
3b Ordinance O-21-2157
Consideration of amendments to Chapter 3, Section 3.28 –
Supplementary District Regulations of the Land Development Code
specific to parking and storage of vehicles to include recreation
vehicles, commercial vehicles, and junked/abandoned vehicles
4. RESOLUTION(S) READING AND PUBLIC HEARING
4a Resolution R-21-4592
A resolution in support of legislative action discouraging electricity
providers selectively turning off power and encouraging permanent
backup generators
5. TABLED RESOLUTION(S): READING AND PUBLIC HEARING
5a Resolution R-21-4574
Consideration of a request to abandon a previously dedicated right-of-
way (ROW) area on Lots 1 & 2, Block 1, Neidholt Addition and Lot 2X,
Block E, Old Grove Addition, located at 103 & 105 John McCain Road
and 7189 Cast Iron Forest Trail, Case GC20-007
5b Resolution R-21-4575
Consideration of a Replat for Lots 1, 2, and 3X, Block 1, Old Grove
Addition, Phase II, being Lots 1 & 2, Block 1, Neidholt Addition and Lot
2X, Block E, Old Grove Addition, located at 103 & 105 John McCain
Road and 7189 Cast Iron Forest Trail, Case PC20-006
6. CITIZEN COMMENTS
7. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A
RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY,
MARCH 2, 2021 - READING AND PUBLIC HEARING - RESOLUTION R-
21-4593
8. ADJOURNMENT
City Council Agenda March 2, 2021
City of Colleyville Page 3
I hereby certify this agenda was posted on City Hall bulletin boards Friday, February
26, 2021 by 5:00 p.m.
Christine Loven, TRMC
City Secretary
A quorum of any Colleyville board, commission, or committee may be present at
this meeting.
Any matter on this agenda may, at the discretion of the governing body, be opened
for public comment and discussion.
If you plan to attend this public meeting and have a disability that requires special
accommodations, please advise the City Secretary at least 48 hours in advance at
817.503.1133, and reasonable accommodations will be made to assist you.
City of Colleyville Page 1
City of Colleyville
City Council
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
www.colleyville.com
Agenda Number 1 Agenda Date 3/2/2021
Type Announcements, Proclamations, and Presentations
Department City Manager
Title
Recognition of businesses who provided support and donations during the
winter storm the week of February 15, 2021
Attachments
1.Business Recognition
The City of Colleyville recognizes with gratitude and appreciation,
the following businesses for generosity and kindness during the
recent winter storm event.
Red Barn BBQ
Honey Teriyaki
Chick-fil-A Colleyville
My Lan Vietnamese Kitchen
Cajun Market
Market Street
Braum’s
Palio’s Pizza Café
Papa John’s Pizza
Kirby’s Steakhouse
Napa Thai Cuisine
RESOLUTION R-21-4591
APPROVING CITY COUNCIL ACTION UNDER CONSENT ITEMS AT
THE REGULAR CITY COUNCIL MEETING OF MARCH 2, 2021
WHEREAS, City Council has taken action on certain items on the agenda
under Consent Items.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF COLLEYVILLE, TEXAS:
Sec. 1. THAT the agenda decisions approved by City Council action
under Consent Items as follows are hereby adopted:
a. Approval of a Communications Facility License Agreement
with Verizon Wireless on the Hall-Johnson water tower
b. Approval of an Interlocal Agreement (ILA) with the City of
Grapevine to share the cost of construction for an
emergency interconnection meter vault on Roberts Road,
and authorizing the City Manager to execute the agreement
c.Approval of an Interlocal Agreement (ILA) with City of
Grapevine to implement a Standard Operating Procedure
(SOP) for an Emergency Interconnection Meter Vault on
Roberts Road, and authorizing the City Manager to execute
the agreement
AND IT IS SO RESOLVED.
APPROVED BY A VOTE OF _ AYES, _ NAYS ON THIS THE 2nd DAY OF
MARCH 2021.
Mayor Richard Newton Aye Mayor Pro Tem Bobby Lindamood Aye
Place 1, Tammy Nakamura Aye Place 3, Kathy Wheat Aye
Place 4, George Dodson Aye Place 5, Chuck Kelley Aye
Place 6, Callie Rigney Aye
ATTEST: CITY OF COLLEYVILLE
Christine Loven, TRMC Richard Newton
City Secretary Mayor
City of Colleyville Page 1
City of Colleyville
City Council
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
www.colleyville.com
Agenda Number 2a Agenda Date 3/2/2021 Number
Type Resolution
Department City Manager
Title
Approval of a Communications Facility License Agreement with Verizon Wireless on the
Hall-Johnson water tower
Strategic Plan
2.4 Demonstrate stewardship of public resources
Explanation
Reading and Public Hearing
This agenda item provides for approval of a Communications Facility License Agreement
with Verizon Wireless. The license agreement allows Verizon to locate antennae
equipment on the Hall-Johnson water tower. The City has various similar agreements
to locate antennae equipment on Colleyville's water towers for a monthly or annual fee.
Financial Impact
The initial five year term of the agreement provides for an annual payment of $35,000
to the City of Colleyville. Three renewal terms are available with a 10% escalator for
each renewal term.
Recommendation
Approve
Attachments
1.Verizon- License Agreement
Licensee Site Name: Pool Road / 540318
LICENSE AGREEMENT
Communications Facility License (Verizon) Hall-Johnson Water Tower
KEY PROVISIONS SUMMARY
License Date: The date this license agreement (“Agreement”) is executed by the last to sign of Licensor and
Licensee, as shown on the signature page(s) attached hereto (Section 3)
Licensor: City of Colleyville, a Texas home-rule municipality (also referred to herein as “City”)
Licensee: Cellco Partnership d/b/a Verizon Wireless
City’s Property That certain parcel of land whereupon a water tower is situated located at 1601 Hall-Johnson Road,
as shown on the Site Plan attached hereto as Exhibit A
Improvements: Licensee’s proposed antenna equipment and facilities, as depicted on the approved Site Plan, Site
Elevation, Antenna Sector Plan, and Survey (collectively referred to herein as the “Site Plan”),
attached hereto as Exhibit A, and as further described in this Agreement. The number of antennas
shall not exceed twelve (12) during the Term of this Agreement.
Effective Date: License Date (Section 3)
Term: The term shall include the initial term and all renewal terms in this Agreement (Section 3)
Notices: Licensor: Licensee:
City of Colleyville
Attn: Adrienne Lothery
100 Main St., 3rd Floor
Colleyville, TX 76034
E: alothery@colleyville.com
Cellco Partnership d/b/a Verizon Wireless
ATTN: Network Real Estate
180 Washington Valley Road
Bedminster, New Jersey 07921
Notice copy to: City Attorney
Attn: Mr. Whitt L. Wyatt
100 Main St., 3rd Floor
Colleyville, Texas 76034
E: whitt@woodbanowsky.com
Interference Report Phone #: 888-621-0029 (Section 9.7) (for reporting to Licensee)
Rent Commencement Date:
Rent Payment:
(10% escalator per term)
License Dates
(Initial term and three renewal terms)
Annual Rent Amount
(Section 4)
Monthly Rent Amount
(Section 4)
Initial Term $35,000.00* $2,916.67
1st Renewal Term $38,500.00 $3,208.33
2nd Renewal Term $42,350.00 $3,529.17
3rd Renewal Term $46,585.00 $3,882.08
*The Rent Payment for each of the three five-year renewal terms include a 10% escalator for each
renewal term.
Additional Fees: (Section 4.2)
Rent Payment Address: U.S. Mail: City of Colleyville, Attn: Finance Department, 100 Main St., Colleyville, Texas 76034
Overnight Delivery: Same as above
ACH: Contact the Finance Department at (817) 503-1019 to obtain ACH instructions
Permitted Use: Licensee shall be granted a non-exclusive license for the installation, operation, and maintenance of
its Improvements, for the transmission, reception, and operation of a communications system,
subject to the terms and conditions contained in Section 2 of this Agreement.
Exhibits: Exhibit A – Site Plan; Site Elevation; Antenna Sector Plan; and Survey
4827-0387-0403v14
- 01/29/2021
Communications Facility License (Verizon) Hall-Johnson Water Tower
_____________________________________________________________________________________________________________________
Page 1
LICENSE AGREEMENT
THIS LICENSE is made and entered into as of the Effective Date by and between Licensee and
the City.
The parties agree as follows:
1. Description of the Premises
1.1 The license authorized under the terms of this Agreement shall be non-
exclusive and shall be for the purpose of the installation, operation, and maintenance of its
Improvements, for the transmission, reception, and operation of a communications system and
uses incidental thereto. The license shall only be for the use of that portion of the City’s Property
designated on the Site Plan for Licensee’s exclusive use (the “Premises”), and for Licensee’s non-
exclusive use of the 30 ft. wide Temporary Construction Easement, the 20 ft. wide Ingress/Egress
& Utility/Fiber Easement, and the 10 ft. wide Utility/Fiber Easement depicted on Exhibit A,
attached hereto.
1.2 The Site Plan must be approved by City, with approval or disapproval not
to be unreasonably delayed, conditioned, or withheld. The Site Plan shall describe and illustrate
the location of the Improvements under this Agreement. The Site Plan shall include a scale
drawing and inventory analysis of the proposed installations, as well as an elevation of the
Premises with the proposed installations. Performance under this Agreement shall be in strict
compliance with the Site Plan. If Licensee’s installation, maintenance, and operation of the
Improvements materially fail to comply with the approved Site Plan, at any time, as reasonably
determined by City, then City shall have the right following written notice to Licensee and the
expiration of the cure period specified in Section 5 of this Agreement without Licensee
implementing the required cure, to terminate this Agreement upon written notice to Licensee.
Subject to the provisions of Section 2.4, below, any and all proposed modifications to Licensee’s
Site Plan must be approved in writing by City before Licensee may make any changes to its Site
Plan as originally approved by City. Any modifications or structural additions to City water towers
must have approval from the Public Works Director and be included with the submitted Site Plan.
Approval of such modifications is within the sole discretion of City.
1.3 Licensee has inspected, examined and investigated the status of the title and
condition of the Premises to the extent that Licensee has deemed necessary, and Licensee
understands, acknowledges and agrees that it is entering into this Agreement to acquire a leasehold
interest in the Premises "AS IS" in reliance solely upon the results of any inspection, examination,
and investigation of the status of title and condition of the Premises that Licensee has conducted
and not as a result of any representation, warranty, assurance, guaranty, or promise of City or any
person purporting to act on behalf of City, other than those which may be expressly set forth in
this Agreement.
1.4 LICENSEE UNDERSTANDS, ACKNOWLEDGES AND AGREES
THAT NEITHER CITY NOR ANY AGENT, EMPLOYEE OR OTHER PERSON ACTING ON
BEHALF OF THE CITY, HAS MADE ANY, AND THE CITY EXPRESSLY DISCLAIMS
EVERY, REPRESENTATION, WARRANTY (INCLUDING WARRANTY OF FITNESS FOR
Communications Facility License (Verizon) Hall-Johnson Water Tower
_____________________________________________________________________________________________________________________
Page 2
A PARTICULAR PURPOSE AND HABITABILITY), ASSURANCE, GUARANTY, OR
PROMISE, EXPRESS OR IMPLIED, CONCERNING THE STATUS OF THE TITLE OR
CONDITION OF THE PREMISES WHICH ARE NOT EXPRESSLY SET FORTH IN THIS
AGREEMENT AND THAT NO AGENT OR EMPLOYEE OF THE CITY OR OTHER PERSON
HAS ANY AUTHORITY TO MAKE OR DELIVER ANY REPRESENTATION, WARRANTY,
ASSURANCE, GUARANTY, OR PROMISE WHICH IS NOT SET FORTH IN THIS
AGREEMENT.
2. Use of Premises
2.1 Permitted Use. City agrees to allow installment of Licensee’s additional
Improvements and maintenance of Licensee’s existing Improvements, in accordance with the Key
Provisions Summary and all other terms of this Agreement. Licensee’s use shall be non-exclusive
and shall be for the purpose of the installation, operation, and maintenance of its Improvements,
for the transmission, reception, and operation of a communications system and uses incidental
thereto. However, Licensee shall have exclusive possession of the Premises, and the non-exclusive
use of the 30 ft. wide Temporary Construction Easement, the 20 ft. wide Ingress/Egress &
Utility/Fiber Easement, and the 10’ Utility/Fiber Easement, all as depicted on the Site Plan.
Subject to the provisions of Section 2.4 of this Agreement, to the extent not depicted in the Site
Plan attached as Exhibit A, Licensee shall obtain the written approval of the City prior to
installation of any additional Improvements on the Premises, which approval may not be
unreasonably withheld, conditioned, or delayed. Licensee understands, acknowledges, and agrees
that the use of the Premises by Licensee in conjunction with the terms of this Agreement is to be
for the installation, operation, and maintenance of communications equipment, in strict compliance
with the Agreement and the attached Site Plan. Licensee shall not use the Premises for any other
purpose whatsoever, including the storage or placement of debris, replacement Improvements, or
any other item, without first obtaining the prior written consent of City, which consent may not be
unreasonably withheld, conditioned, or delayed.
2.2 Prohibited Use. Licensee shall not use the Premises in any manner that
constitutes waste or nuisance, or that violates any applicable law, ordinance, or governmental
regulation in any respect. Licensee shall not do anything that would violate any certificate of
occupancy applicable to the Premises or would render void or uncollectible any insurance then in
force with respect to the Premises, or that would in any way increase the premiums payable by
City for fire, liability, or any other insurance coverage on the City’s Property or the contents of
any improvements thereon.
2.3 Subletting of Use Premises or Improvements. Licensee may not sublet
to or license others to use the Premises or Licensee’s Improvements without the prior written
consent of City. Any such attempt by Licensee shall be without effect and may at City’s option
result in the termination of this Agreement.
2.4 Maintenance, Repair or Replacement of Improvements. Licensee may
update, maintain, repair, or replace any of the Improvements located upon the Premises from time
to time as Licensee reasonably deems necessary without the need to obtain the prior written
approval of City, provided that the replacement Improvements, together with related equipment,
Communications Facility License (Verizon) Hall-Johnson Water Tower
_____________________________________________________________________________________________________________________
Page 3
do not require more space than the existing Improvements at the time of replacement, and if more
space is needed, or if Licensee proposes any change in the location of improvements on the
Premises, Licensee must obtain City’s prior written approval. For any such matter requiring City’s
approval, Licensee shall submit to City, a detailed proposal for any replacement Improvements
and any supplemental materials for City’s evaluation and written approval. A current and accurate
Site Plan must be submitted to City by Licensee and maintained on file with City for the entire
term of this Agreement and all renewals thereof. If Licensee desires additional space for
Improvements or expansion, City reserves the right to increase the Rent Payment and/or Additional
Fees.
3. Term; Renewal
3.1 This Agreement shall be for an initial term of five (5) years, commencing
on the earlier of (i) the Effective Date, or (ii) February 1, 2021. The date this Agreement is signed
by the last party to sign it (as indicated by the date associated with that party’s signature) will be
deemed the Effective Date of this Agreement. If a party signs but fails to date a signature the date
that the other party receives the signing party’s signature will be deemed to be the date that the
signing party signed this Agreement and the other party may inscribe that date as the date
associated with the signing party’s signature.
3.2 This Agreement will automatically renew for three (3) additional five (5)
year terms, after the initial term expires. Unless Licensee gives written notice of its decision not
to exercise the renewal option within 90 days prior to the expiration of the then-current Term, this
Agreement will automatically renew at the Rent Payment reflected in the Key Provisions
Summary, above, as long as Licensee remains in full compliance with all other provisions of this
Agreement. All the terms and covenants of this Agreement apply to all extension periods, subject
to amendment by the mutual agreement of the Parties, in writing and signed by both Parties. If
Licensee continues to possess the Premises following the expiration of all of the extension periods
provided herein, and this Agreement has not been renewed or superseded, this Agreement (a) shall
be deemed to be a holdover tenancy from month to month but shall not itself constitute a renewal
or extension of any Term, (b) shall continue from month to month under the terms and conditions
set forth herein, and (c) may be terminated by either Party upon at least thirty (30) days written
notice to the other Party. All the terms and covenants of this Agreement apply to all holdover
tenancy periods.
4. Rent; Other Charges
4.1 Rent Payment. In consideration for providing the Premises for use by
Licensee, the Licensee shall make Rent Payments to City monthly, with the first payment being
due on the Rent Commencement Date provided in the Key Provisions Summary. Thereafter
payment shall be due on the 5th day of each month throughout the initial Term and all renewal
Terms hereof and prorated for any partial term. Licensee shall make Rent Payments to City in
advance, without prior notice or demand, without any abatement, setoff, reduction, deduction,
counterclaim, or recoupment whatsoever, in the amount stated in the Key Provisions Summary,
with the annual Rent Payment being THIRTY-FIVE THOUSAND DOLLARS & NO/100
($35,000.00) during the initial term of this Agreement. The Rent Payment shall automatically
Communications Facility License (Verizon) Hall-Johnson Water Tower
_____________________________________________________________________________________________________________________
Page 4
escalate by ten percent (10%), beginning on the first day of each renewal Term. If this Agreement
is terminated at a time other than the last day of the calendar year of the Term for any reason other
than an Event of Default by Licensee, all Rent Payments shall be prorated as of the date of
termination and all prepaid Rent Payments shall be refunded to Licensee. Rent shall be increased
at the commencement of each renewal Term by the amount stated in the Key Provisions Summary
unless otherwise agreed to by the Parties in writing and incorporated into this Agreement via a
duly executed amendment hereof.
4.2 Additional Fees. Only to the extent directly attributable to Licensee’s use
of the Premises, City may assess, in addition to the Rent Payment, additional payments by Licensee
to cover City’s additional out of pocket costs to the extent actually incurred by the City and paid
to third parties but only the portion of such costs which are in proportion to Licensee’s use (as
opposed to some other use) shall be owing by Licensee (“Additional Fees”), which include but
are not limited to: (i) costs of utilities associated with the day-to-day operation and maintenance
of the Premises; (ii) to the extent required by this Agreement, costs incurred by City for providing
access to the Premises outside of normal business hours, as set forth in Section 7.1 herein; and
(iii) applicable taxes, including property taxes, or business taxes levied on the Property specifically
attributable to Licensee’s use of the Premises, as set forth in Section 15 herein. City shall notify
Licensee of amounts due in Additional Fees in writing (and provide supporting invoices for same),
and Licensee shall pay Additional Fees simultaneously with the next monthly Rent Payment due
on the Premises, or, if notice of Additional Fees occurs within ten (10) days of the due date of the
next monthly Rent Payment, simultaneous with the Rent Payment due for the next month.
4.3 Payment Address. Rent Payments and Additional Fees shall be made
payable to the person(s) identified in the Key Provisions Summary. City shall provide Licensee
written notice of any change in address for purposes of Rent Payments and Additional Rent.
4.4 Lawful Currency. Rent Payments and Additional Fees shall be made
according to paragraph 4.1 above in lawful money of the United States of America without any
abatement, setoff, reduction, deduction, counterclaim, or other recoupment whatsoever. Licensee
shall not be obligated to pay any general income or franchise taxes measured upon the income of
the City under this Agreement; provided, that this Section does not preclude the assessment of
lawful fees pursuant to a franchise or other agreement that the City may have and/or enter into
with Licensee or its parent or any subsidiary or affiliate.
4.5 Dishonored Checks. Any dishonored check shall incur a service charge of
ten percent (10%) of its face amount. Subsequent to the second dishonored check received by City
for any payment, all subsequent payments, including Rent Payments and Additional Fees, shall be
made by cashier’s check.
4.6 Late Payment. Licensee shall pay City a late payment charge equal to five
percent (5%) of the late payment for any payment not paid when due. Any amounts not paid when
due shall bear interest until paid at the rate of two percent (2%) per month.
Communications Facility License (Verizon) Hall-Johnson Water Tower
_____________________________________________________________________________________________________________________
Page 5
5. Termination
5.1 Termination for Cause. Upon the occurrence of any one or more of the
Events of Default defined below, City may, without penalty, at its option, and without prejudice
to any other remedy to which it may be entitled at law or equity, or otherwise under this Agreement,
terminate use or occupancy under this Agreement at any time, either in whole or in part, by giving
at least ninety (90) days prior written notice thereof to Licensee with the understanding that all use
of the Premises being terminated shall cease upon the date specified on such notice. For the
avoidance of doubt, the foregoing termination right of City applies only to Events of Default by
Licensee. Licensee shall equitably compensate City in accordance with the terms of Section 4 of
this Agreement for the use of the Premises up to the date of termination as specified in such notice,
following inspection and acceptance of same by City. Licensee shall not, however, be entitled to
any damages, including but not limited to, lost or anticipated profits should City choose to exercise
its option to terminate.
5.2 Event of Default. Any of the following occurrences, conditions, or acts
shall be deemed an “Event of Default” under this Agreement: (a) if Licensee fails to pay amounts
due under this Agreement within ten (10) days of receipt of written notice that such payments are
overdue; or (b) if either Party fails to observe or perform its obligations under this Agreement,
other than as provided in the foregoing Section (a), and does not cure that failure within thirty (30)
days from the Party’s receipt of written notice of breach, or within such longer period as may be
required to complete a cure commenced within the 30-day period and diligently pursued to
completion.
5.3 Termination by Licensee. This Agreement may be terminated by
Licensee, without penalty, further liability, or prejudice to any other remedy to which it may be
entitled at law or equity, or otherwise under this Agreement, as follows:
5.3.1 upon written notice, if Licensee is unable to obtain, or maintain, any
required approval(s) or the issuance of a license or permit by any agency, board,
court, or other governmental authority necessary for the construction or operation
of the Improvements as now and hereafter intended by Licensee; or if Licensee
determines in its sole discretion that the cost of obtaining or retaining the same is
commercially unreasonable;
5.3.2 upon ninety (90) days written notice for any reason, other than 5.2(a) or (b)
above, so long as Licensee pays City a termination fee equal to three (3) months’
Rent Payment at the current rate or Rent Payment at the current rate prorated to the
end of the City’s fiscal year in which the termination occurs, whichever is greater;
or
5.3.3 upon sixty (60) days written notice following the date notice is given to City
under 5.2(b), if the breach described in the notice is not cured by City.
Communications Facility License (Verizon) Hall-Johnson Water Tower
_____________________________________________________________________________________________________________________
Page 6
5.4 Notice and Opportunity to Cure. Upon the occurrence of an Event of
Default, City shall deliver to Licensee a notice of intent to terminate (“Notice of Intent to
Terminate”) that identifies in detail the Event of Default. If the Event of Default remains uncured
for thirty (30) calendar days, or such longer period as may be mutually agreed upon by the Parties
to complete a cure commenced within the 30-day period, City may terminate this Agreement and
the license granted herein by delivering to the Licensee a Notice of Termination that identifies the
effective date of the termination, which date shall not be less than sixty (60) days after the date of
delivery of the Notice of Intent to Terminate.
5.5 Relocation of Improvements. If Licensee’s Improvements must be
removed, pursuant to Section 6, Licensee shall have the right to set up a portable mounted antenna,
a cell on wheels (COW), and/or some other similar temporary structure (“Temporary
Improvements”) reasonably approved by City, on City property to allow Licensee to continue to
provide wireless communications service. Licensee may maintain its COW for a period of thirty
(30) days after the date the City completes the repairs and maintenance requiring the removal of
Improvements. Licensee shall be entitled to reinstall its Improvements within thirty (30) days after
the date the City completes the repairs and maintenance requiring the removal of Improvements.
6. City’s Right of Entry onto Premises. After providing Licensee with at least 48 hours
prior written notice, and with a Licensee escort, City and City’s agents, employees, or contractors
may enter upon the Premises for the purpose of performing repairs and maintenance work to the
City’s Property outside of the Premises. If the proposed repairs and maintenance require removal
of Licensee’s Improvements, City must provide Licensee with at least 90 days prior written notice,
and a location, acceptable to Licensee, for installation of Licensee’s Temporary Improvements
prior to commencing such work. Decisions as to the extent to which Licensee will be required to
remove such Improvements shall be within the sole reasonable discretion of City. If, however, in
the event of an emergency in which the public health and safety is in immediate danger requiring
immediate action on the part of City to repair the City’s Property, City will take its best efforts to
immediately notify Licensee but may enter the Premises, except Licensee’s secured areas, without
first notifying Licensee and take such action as is required, including but not limited to removing
any and all Improvements made by Licensee. In no event shall City be liable for any expenses
associated with its entry and removal of Improvements or for lost or anticipated profits. If City
must remove or relocate any Improvements to perform repairs or maintenance and is unable to
first notify Licensee, City must first power down or turn off the antennas. Licensee, at its expense
and exclusive use, may use any and all reasonable and appropriate means of restricting access to
the Licensee’s equipment shelter, as identified in the Site Plan.
7. Access
7.1 Licensee shall have the non-exclusive right to access the aforementioned
Premises at any time, by contacting and providing notice to City. It is agreed, however, that only
authorized engineers, employees, or properly authorized contractors of Licensee may enter the
Premises. City shall at all times make City personnel promptly available, including after normal
business hours of City. If City is contacted by Licensee after City’s normal business hours
(i.e.,8:00 a.m. to 5:00 p.m. Monday through Friday, excluding holidays) for the purpose of
accessing the aforementioned location, City shall promptly make personnel available at the
Communications Facility License (Verizon) Hall-Johnson Water Tower
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Page 7
Property (City hereby acknowledging that prompt access to the Premises is critical for Licensee’s
operation of the Premises). As provided in Section 4.2(ii) above, Licensee agrees to reimburse
City for the actual cost of any City staff involvement necessary for this access, but only for such
costs that represent overtime/after-hours wages paid to City personnel that accompany Licensee
during its after-hours access, at the rate of $25.00 per hour. This fee shall be paid as Additional
Rent hereunder due within 30 days of Licensee’s receipt of an invoice from the City. No additional
fees will be assessed for Licensee’s access to the Premises.
7.2 Licensee’s right of access is a contractual right for the benefit of Licensee
only and nothing contained in this Agreement shall be construed to constitute a dedication or an
easement. However, if this Agreement is assigned in accordance and in compliance with
Section 21.9 of this Agreement, this right of access shall inure to the benefit of Licensee’s assignee.
8. Damages to Property
8.1 Damage and Restoration of Property. Licensee shall immediately notify
City of any and all damages resulting from, arising out of, or caused to, the Premises and City
Property surrounding the Premises, including but not limited to structural damages, electrical
damages, damages to fencing, irrigation systems, or landscaping, but only to the extent caused by
Licensee’s operations or by Licensee, its officers, agents, employees, and invitees. Licensee shall
be solely responsible for the costs and the repair of all such damages, and repairs and/or
replacements shall be completed within thirty (30) calendar days following written notice by City
to Licensee, or such longer period as may be mutually agreed upon by the Parties to complete a
cure commenced within the 30 day period, and shall be completed in a manner reasonably
acceptable to City.
8.2 Failure to Restore Property. If Licensee does not make or perform any
required maintenance or repairs to the Premises within the time period provided in Section 8.1,
City shall have the right, but not the obligation, to make those repairs, in which event Licensee
shall pay City the cost thereof within ten (10) business days of demand unless the cause of such
damage is the subject of a bonafide dispute by Licenseee. Within thirty (30) days following the
expiration or earlier termination of this Agreement, Licensee shall restore the Premises to
substantially the same the condition in which the Premises existed on the Effective Date of this
Agreement, ordinary wear and tear and loss due to other casualty beyond Licensee’s control
excepted.
9. Electrical, Radio and Intermodulation Interference
9.1 Licensee shall operate its Improvements in a manner that will not
unreasonably cause radio frequency interference to the City or other licensees of the Property in
their use of any equipment which pre-date the installation and operation of Licensee’s
Improvements, or their conduct of any activity on the Property but only to the extent those parties
are operating pursuant to agreements which pre-date the installation and operation of Licensee’s
Improvements. Licensee’s installation and operation of the Improvements shall be in compliance
with all FCC requirements.
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9.2 Prior to installation of any Improvements on the Premises, Licensee shall
conduct bandwidth testing of its Improvements and City equipment to check bandwidth conflict
between the City’s monitoring control system and Licensee’s system. If a conflict occurs,
Licensee shall take all reasonable steps necessary to resolve the conflict to the reasonable
satisfaction of City.
9.3 Should interference prohibited by Section 9.1 occur, Licensee will promptly
take all reasonable steps necessary to correct the interference within ten (10) days after Licensee’s
receipt of written notice of the problem, and, if such interference cannot be eliminated within thirty
(30) days after Licensee’s receipt of the written notice, Licensee shall suspend transmissions from
the interfering equipment, except for brief periods for testing, while the interference problems are
studied and a means to eliminate the problem is determined. Any method for correction of an
interference problem must be acceptable to both City and Licensee. If the interference complained
of cannot be eliminated, Licensee will cease its operations, remove all its Improvements from the
Premises, and this Agreement shall be terminated without penalty. Consistent with Section 9.2
after Licensee has demonstrated no conflicts between City’s monitoring control system and
Licensee’s system, if City allows an additional third party to install communications equipment,
City agrees to add similar provisions to this Section 9 to any additional third-party license for space
on the City’s Property.
9.4 Licensee shall not cause interference to City prohibited by Section 9.1 at
any time during or after installation or operation of Licensee’s Improvements. Moreover,
Licensee’s use will not in any way adversely affect or interfere with City’s signal operation or its
communication system. Should such interference occur, Licensee will promptly take all
reasonable steps necessary to correct such interference within ten (10) days of receiving written
notice from the City of the problem and, if such interference cannot be eliminated within thirty
(30) days of such written notice, Licensee shall suspend transmissions from the interfering
equipment, except for brief periods for testing, while the interference problems are studied and a
means to eliminate the problem is determined. Any method for correction of an interference
problem must be acceptable to both City and Licensee. If the interference complained of cannot
be eliminated, Licensee will cease its operations, remove all its Improvements from the Premises,
and this Agreement shall be terminated without penalty.
9.5 City will not grant a license to or enter into any other agreement with any
other party for the use of City’s Property without including in that license a provision stating that
the party’s use will not in any way adversely affect or interfere with Licensee’s signal operation
or its communication system. Furthermore, license agreements or other agreements with third
parties will state that prior to installation of improvements, those third parties shall be required to
conduct bandwidth testing of its equipment and the equipment of Licensee to check bandwidth
conflict between third-party equipment and Licensee’s equipment. In addition to any other rights
available to Licensee at law or in equity, Licensee shall have the right to equitable remedies upon
ten (10) days written notice to City if another user of the City’s Property causes significant
interference with Licensee’s operations, and the interference is not corrected within thirty (30)
days following the notice to such third party user causing the interference. If Licensee experiences
interference caused by a third-party licensee, Licensee agrees that it shall seek recourse solely from
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such third party. No compensation shall be due from City for damages, including, but not limited
to, lost or anticipated profits.
9.6 Licensee shall have the sole burden of, and be responsible for all costs
associated with, alleging and proving that another user of the City’s Property is causing significant
interference, as well as for otherwise enforcing Licensee’s rights under this Agreement against
another user of the City’s Property. City shall not be responsible for the costs associated with the
resolution of any dispute between users of the City’s Property, or enforcement of any of Licensee’s
rights under this Agreement against another user of the City’s Property.
9.7 Each party agrees to provide the other with a telephone number through
which that party can contact a representative of the other on a 24-hour per day, 7 days a week basis
for the purpose of implementing the requirements of this Section 9.
10. Condition of Premises
10.1 City shall maintain the City’s Property in compliance with all applicable
statutes, ordinances, regulations, and rules required for City uses of the City’s Property, and in a
manner that will not interfere with Licensee’s reasonable use of the Premises. Title to all
improvements on the City’s Property (other than those on Licensee’s Premises) shall belong to
City.
10.2 Licensee shall have sole responsibility for the maintenance, repair, and
security of its Improvements, and shall keep same in good repair and condition during the term
and all renewals and holdover tenancies of this Agreement.
10.3 Licensee shall keep the Premises free of debris and anything reasonably
determined to be of a dangerous, noxious, or offensive nature or which would create a hazard or
undue vibration, heat, noise, or interference.
10.4 If City or any other licensee undertakes painting, construction, or other
alterations on the Premises, Licensee shall take reasonable measures at Licensee’s cost to cover
all of Licensee’s Improvements and protect such from paint and debris fallout which may occur
during the painting, construction, or alteration process. City shall not be responsible for any
damages or costs incurred by Licensee due to the actions or omissions of any third-party licensees
authorized by City to enter upon the Property to undertake such work.
10.5 By taking possession of the Premises, Licensee accepts the Premises in the
condition existing as of the Effective Date. City makes no representation or warranty with respect
to the condition of the Premises and City shall not be liable for any latent or patent defect in the
Premises. City agrees to immediately notify Licensee of the existence of any latent defects of
which the City obtains actual knowledge.
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11. Construction, Installation and Operation
11.1 Construction, Installation and Operation. Licensee may, at its sole cost
and expense, construct, install, operate, maintain, monitor, reconfigure, and repair its
Improvements. Not less than thirty (30) days prior to the date on which Licensee intends to
commence construction of its Improvements, Licensee shall provide the City for its approval a
proposal containing: (i) a written plan describing, in reasonable detail, the steps necessary to
complete Licensee’s construction and installation; (ii) a list and description of all Improvements
to be installed on the Premises; (iii) a list of all contractors, subcontractors, and other entities that
will perform Licensee’s construction and installation work; and (iv) copies, certificates, or other
proof that Licensee or Licensee’s contractors and subcontractors have obtained all necessary
permits and licenses for the performance of Licensee’s work. The City’s failure to respond in
writing to Licensee’s proposal within twenty (20) days of the City’s receipt of the proposal shall
constitute City’s approval of the proposal, and Licensee may commence Licensee’s work pursuant
to the proposal. City’s grant of approval under this Section shall not be construed as an assumption
of liability or indemnification; nor shall such approval replace or constitute any approval that
Licensee is required to obtain from any duly authorized local authorities for any construction,
installation or other element of Licensee’s work.
11.2 Marking and Lighting Requirements. Licensee acknowledges that it
shall be responsible for compliance with all tower or building marker and lighting requirements
which may be required by the Federal Aviation Administration or the Federal Communication
Commission in conjunction with Licensee’s installation and maintenance of Improvements under
this Agreement, as well as any expenses, fees, or fines associated with the compliance or the non-
compliance of Licensee’s installation or maintenance of Improvements under this Agreement.
11.3 Inspection and Tests. Upon the Effective Date and for the Term of this
Agreement, Licensee shall have reasonable access to the Premises in the manner provided in
Section 7 of this Agreement as necessary and approved by City for the purpose of inspection and
planning.
11.4 Payment, No Mechanics Liens. Licensee shall make full and prompt
payment of all sums necessary to pay the costs of all installation, repairs and alterations,
improvements, changes, and other work done by Licensee in or to the Premises. Title to the
Improvements shall be held by Licensee. City shall not be responsible for or with respect to the
performance of Licensee’s work. Licensee shall pay or cause to be paid all costs associated with
Licensee’s work. Licensee shall not suffer or permit to be enforced against any portion of the
Premises any (i) mechanic’s, materialman’s, contractor, subcontractor, or other lien or claim
arising from, or in any way related to, Licensee's work, or (ii) any other claim, mortgage, security
interest, encumbrance, lien, or other charge. Within thirty (30) days after recordation of any lien,
encumbrance, judgment, or similar item which affects the Premises in any way, Licensee shall
obtain the complete discharge and release thereof at Licensee's sole expense without any cost being
imposed upon City. However, Licensee shall have the right to contest, in good faith, any
mechanic’s or materialman's lien upon the condition that Licensee provides a bond or other form
of security reasonably acceptable to City in an amount sufficient to hold City fully and completely
harmless from any and all liability therefor or on account thereof.
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11.5 Improvements to Premises; Removal. All Improvements constructed,
installed and operated by or on behalf of Licensee shall remain Licensee's personal property and
are not fixtures. Licensee shall remove all Improvements at its sole expense within thirty (30)
days following the expiration or earlier termination of this Agreement. Licensee shall repair any
damage to the Premises caused by such removal and fully restore the Premises to substantially the
same condition as existed prior to Licensee’s installation, except for ordinary wear and tear and
loss due to other casualty beyond Licensee’s control. Licensee shall provide to City in writing, by
not later than the end of the prescribed thirty (30)-day period, notice that all Improvements have
been removed in accordance with this Section. Failure of Licensee to remove any or all
Improvements from the Premises within the prescribed thirty (30) days shall be construed as
holdover pursuant to this Section, and all obligations and requirements, including payment of Rent
Payments, shall continue to apply unless and until Licensee removes all Improvements and so
notifies City. If the Premises are not surrendered in the condition required by this paragraph, the
Licensee shall pay City within thirty (30) business days of written demand an amount equal to the
actual cost paid by the City to third parties to restore the Premises to substantially the same
condition as received.
11.6 Liability for Damage/Outages. Licensee shall be responsible for any
damage caused solely by Licensee, its agents and/or contractors on or to the Property that causes
an interruption or outage in the services, operations, or utilities of another licensee, and shall
indemnify and hold harmless City and its employees, agents, successors and assigns from all
claims or actions for damages brought by another licensee as a result of Licensee’s, or its
employees', contractors', agents', assigns', or licensees', willful, reckless, or gross negligence or
other conduct, provided that City requires all other licensees to agree in writing to provisions
identical to this Section 11.6 for the benefit of Licensee.
12. Compliance with Laws
12.1 By Licensee. Licensee, its employees, agents, designees, contractors,
subcontractors, customers, invitees and licensees, shall comply in all material respects and at all
times with all local, state, and federal laws, statutes, ordinances, regulations, rulings, requirements,
conditions, orders, licenses, permits, covenants, restrictions, approvals, and consents pertaining to
Licensee’s services, Licensee’s construction, installation, and operation work, Improvements and
Licensee's use of the Premises. Without limiting the generality of the preceding sentence, Licensee
shall fully and timely observe and comply with applicable laws, regulations, policies, and
requirements concerning health and/or public safety, including standard industry equipment safety
regulations, and shall not use the Premises or operate the Improvements in any manner that is
inconsistent therewith.
12.2 By City. The City shall comply in all material respects and at all times,
and shall cause its employees, agents, designees, contractors, subcontractors, customers, invitees,
and licensees to comply in all material respects, and at all times, with all laws, ordinances, orders,
rules, and regulations of all governmental or judicial authorities having jurisdiction thereof,
whether state, federal, or local, relating to the City’s Property. Without limiting the generality of
the preceding sentence, City shall fully and timely observe and comply with applicable laws,
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regulations, policies, and requirements concerning health and/or public safety with respect to the
City’s Property.
13. Complaint Resolution
13.1 If either Licensee or City receives a written complaint regarding Licensee’s
operations and the complaint is determined by the City to be a valid breach of any of the terms of
this Agreement, then the City will provide a notice of default to Licensee pursuant to Section 5.2
herein.
14. Utility Easements and Utility Cost
14.1 Licensee shall pay directly to all public utility service companies and fiber
providers, before delinquency, all charges for the electricity, water, fiber, and other services that
Licensee consumes in connection with the installation and operation of Licensee’s Improvements
that are separately metered and charged to Licensee, without any expense therefore being imposed
upon City. Absent the City’s consent, Licensee shall obtain separate utility services and fiber
services from any company that will provide those services to the Premises (which services may
include an approved battery-powered standby power generator located on the Premises for
Licensee’s exclusive use)
14.2 If Licensee first obtains City’s written consent, which shall not be
unreasonably withheld, conditioned or delayed, Licensee shall have the right to obtain electricity
and other utility and fiber services from the existing outlets available at the Premises. If a sub-
meter is installed, the Licensee shall pay the utility directly for its power consumption, if billed by
the utility, and if not billed by the utility, then the Licensee shall pay the City 30 days after receipt
of an invoice from the City indicating the usage amount based upon the City’s reading of the sub-
meter. The City must send all invoices for power consumption, which invoices must include the
site name and location number, i.e. Pool Road (Location # 540318), to Licensee at M/S 3846,
P.O. Box 2375, Spokane, Washington 99210-2375 or emailed to livebills@ecova.com (Ecova
Contact No. 866-322-4547), or to such other person, firm or place as LESSEE may, from time to
time, designate in writing at least 30 days in advance of any invoice date by notice given in
accordance with Paragraph 18 below.
14.3 Licensee shall not permit any charges for utility services to accumulate or
become a lien on the City’s Property. If Licensee fails to pay any charge required to be paid by
Licensee pursuant to this Section, City may, but shall not be required to, pay that charge on
Licensee’s behalf. If City pays any such charge on behalf of Licensee or incurs any cost with
respect to any grant of any utility service or fiber easement for the benefit of Licensee pursuant to
this Section, Licensee shall reimburse and pay to City an amount equal to all charges so paid and
all easement costs so incurred within 15 days after Licensee’s receipt of the City’s written demand
as Additional Fees.
14.4 Additional Utility/Power Equipment. If Licensee is required to, or
otherwise decides to, install, operate, and use additional equipment to provide electricity or other
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utility or fiber services required for the operations of Licensee’s Improvements, that installation,
operation and use shall comply in all respects with the terms and conditions set forth in this
Agreement.
15. Taxes
15.1 Licensee agrees to timely reimburse City for all taxes that are assessed
against City, if any, arising from the real property taxes attributable to Licensee’s Improvements
or use of the Premises and Improvements constructed or maintained by Licensee on or about the
Premises; provided, however, City shall use its best efforts to provide prior notification of any
taxes for which Licensee is to be charged, so Licensee will have the opportunity to appear before
the taxing authority and contest any assessment.
15.2 Licensee shall have the right, at its sole option and at its sole cost and
expense, to appeal, challenge, or seek modification of any tax assessment or billing for which
Licensee is wholly or partly responsible for payment. Licensor shall reasonably cooperate with
Licensee at Licensee’s expense in filing, prosecuting, and perfecting any appeal or challenge to
taxes as set forth in the preceding sentence, including, but not limited to, executing any consent,
appeal, or other similar document. If as a result of any appeal or challenge by Licensee, there is a
reduction, credit, or repayment received by Licensor for any taxes previously paid by Licensee,
Licensor shall promptly reimburse to Licensee the amount of the reduction, credit, or repayment.
If Licensee does not have the standing rights to pursue a good faith and reasonable dispute of any
taxes under this paragraph, Licensor will pursue such dispute at Licensee’s sole cost and expense
upon written request of Licensee.
15.3 If Licensee fails to pay any real estate taxes for which Licensee is obligated,
City may, but shall not be required to, pay those taxes on Licensee’s behalf. If City pays those
taxes on behalf of Licensee pursuant to the preceding sentence, Licensee shall reimburse and pay
to City an amount equal to any such taxes so paid, plus an administrative fee of ten percent (10%)
of the taxes, within 15 days after Licensee’s receipt of the City’s written demand as an Additional
Fee.
16. Liability and Indemnification
16.1 LICENSEE SHALL AT ALL TIMES COMPLY WITH ALL LAWS
AND ORDINANCES AND ALL RULES AND REGULATIONS OF MUNICIPAL, STATE
AND FEDERAL GOVERNMENT AUTHORITIES RELATING TO THE
INSTALLATION, MAINTENANCE, HEIGHT, LOCATION, USE, OPERATION, AND
REMOVAL OF THE IMPROVEMENTS BY LICENSEE, AUTHORIZED HEREIN, AND
SHALL FULLY RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS CITY, ITS
OFFICERS, OFFICIALS, AGENTS, SERVANTS, OR EMPLOYEES AGAINST ANY
AND ALL CLAIMS, DAMAGES, LAWSUITS, LOSSES, COSTS, OR EXPENSES THAT
ARE SUSTAINED OR INCURRED BY CITY, ITS OFFICERS, OFFICIALS, AGENTS,
SERVANTS, OR EMPLOYEES AS A RESULT OF LICENSEE’S INSTALLATION,
OPERATION, OR REMOVAL OF SUCH IMPROVEMENTS, EXCEPT TO THE
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EXTENT CAUSED BY THE NEGLIGENCE OR WILLFUL MISCONDUCT OF CITY OR
ITS OFFICERS, OFFICIALS, AGENTS, SERVANTS, OR EMPLOYEES.
16.2 EXCEPT TO THE EXTENT CAUSED BY THE NEGLIGENCE OR
WILLFUL MISCONDUCT OF CITY OR ITS OFFICERS, OFFICIALS, AGENTS,
SERVANTS, OR EMPLOYEES, LICENSEE UNDERTAKES AND ASSUMES FOR ITS
OFFICERS, AGENTS, EMPLOYEES, SERVANTS, AFFILIATES, CONTRACTORS,
AND SUBCONTRACTORS, ALL RISK OF DANGEROUS CONDITIONS, IF ANY, ON
OR ABOUT THE PREMISES, AND LICENSEE HEREBY AGREES TO RELEASE,
DEFEND, INDEMNIFY, AND HOLD HARMLESS CITY, ITS OFFICERS, OFFICIALS,
AGENTS, SERVANTS, AND EMPLOYEES AGAINST AND FROM ANY CLAIM
ASSERTED OR LIABILITY IMPOSED UPON CITY, ITS OFFICERS, OFFICIALS,
AGENTS, SERVANTS, AND EMPLOYEES FOR PERSONAL INJURY OR PROPERTY
DAMAGE TO ANY PERSON ARISING OUT OF LICENSEE’S INSTALLATION,
OPERATION, MAINTENANCE, CONDITION, OR USE OF THE PREMISES, OR
LICENSEE’S IMPROVEMENTS, OR LICENSEE’S FAILURE TO COMPLY WITH ANY
FEDERAL, STATE, OR LOCAL STATUTE, ORDINANCE, OR REGULATION,
EXCEPT TO THE EXTENT CAUSED BY THE NEGLIGENCE OR WILLFUL
MISCONDUCT OF CITY OR ITS OFFICERS, OFFICIALS, AGENTS, SERVANTS OR
EMPLOYEES.
16.3 LICENSEE REPRESENTS AND WARRANTS THAT ITS USE OF
THE PREMISES HEREIN WILL NOT UNLAWFULLY GENERATE ANY HAZARDOUS
SUBSTANCE, AND IT WILL NOT UNLAWFULLY STORE OR DISPOSE OF ON THE
PREMISES, NOR UNLAWFULLY TRANSPORT TO OR OVER THE PREMISES, ANY
HAZARDOUS SUBSTANCE. PROVIDED, HOWEVER, THAT LICENSEE MAY STORE
ACID STORAGE BATTERIES ON THE PREMISES AS NECESSARY FOR USE IN THE
EVENT OF A POWER OUTAGE, AND LICENSEE MAY TRANSPORT TO AND STORE
ON THE PREMISES A DIESEL OR PROPANE GENERATOR DURING AN
EMERGENCY TO PROVIDE ELECTRICITY IN THE EVENT OF A POWER OUTAGE
IN EXCESS OF FOUR (4) CONTINUOUS HOURS. LICENSEE FURTHER AGREES TO
RELEASE, DEFEND, INDEMNIFY, AND HOLD CITY, ITS OFFICERS, OFFICIALS,
AGENTS, SERVANTS, AND EMPLOYEES, HARMLESS FROM AND AGAINST ANY
DAMAGE, LOSS, EXPENSE, OR LIABILITY RESULTING FROM UNLAWFULLY
GENERATING, TRANSPORTING, STORAGE, OR DISPOSAL OF SUCH HAZARDOUS
SUBSTANCES, INCLUDING ALL ATTORNEYS’ FEES, COSTS AND PENALTIES
INCURRED AS A RESULT THEREOF. TO THE EXTENT RESULTING FROM THE
ACTIONS OF LICENSEE THE PARTIES RECOGNIZE THAT THIS LICENSE
GRANTS LICENSEE RIGHTS TO ONLY A SMALL PORTION OF THE CITY’S
PROPERTY, AND THAT LICENSEE SHALL NOT BE RESPONSIBLE FOR ANY
CONDITION THAT EXISTED BEFORE THE EXECUTION OF THIS AGREEMENT.
“HAZARDOUS SUBSTANCE” SHALL BE INTERPRETED BROADLY TO MEAN ANY
SUBSTANCE OR MATERIAL DEFINED OR DESIGNATED AS HAZARDOUS OR
TOXIC WASTE, HAZARDOUS OR TOXIC MATERIAL, HAZARDOUS OR TOXIC OR
RADIOACTIVE SUBSTANCE, OR OTHER SIMILAR TERM BY ANY FEDERAL,
STATE, OR LOCAL ENVIRONMENTAL LAW, REGULATION, OR RULE
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PRESENTLY IN EFFECT OR PROMULGATED IN THE FUTURE, AS SUCH LAWS,
REGULATIONS, OR RULES MAY BE AMENDED FROM TIME TO TIME; AND IT
SHALL BE INTERPRETED TO INCLUDE, BUT NOT BE LIMITED TO, ANY
SUBSTANCE THAT, AFTER RELEASE INTO THE ENVIRONMENT, WILL OR MAY
REASONABLY BE ANTICIPATED TO CAUSE SICKNESS, DEATH, OR DISEASE,
INCLUDING DIESEL AND PROPANE FUEL.
17. Insurance. Licensee, at its sole cost and expense, shall procure and maintain for the
term of this Agreement facilities, commercial general liability insurance with a limit of One
Million Dollars ($1,000,000 per occurrence for bodily injury and property damage and One
Million Dollars $1,000,000) general aggregate. Such insurance shall insure, on an occurrence
basis, against liability of Licensee, and its employees, arising out of or in connection with
Licensee’s use of the Premises, all as provided for herein. The City of Colleyville shall be included
as an additional insured as its interest may appear under this Agreement. Licensee shall provide
to City a certificate of insurance evidencing the coverage within thirty (30) days of the
Commencement Date. Licensee shall require any contractor or subcontractor to obtain and
maintain substantially the same insurance as required of Licensee.
18. Notice
18.1 Written Notice; Delivery Methods. Each party giving or making any
notice, request, demand, consent, approval, or other communication (each, a “Notice” or “notice”)
pursuant to this Agreement shall: (a) give the Notice in writing; (b) cause the Notice to be signed
by an authorized representative of the sending party (the sending party’s attorney is authorized to
sign and send a Notice on behalf of the sending party); and (c) use one of the following methods
of delivery, each of which for purposes of this Agreement is a writing: (i) personal delivery;
(ii) Registered or Certified Mail, in each case, return receipt requested and postage prepaid;
(iii) nationally recognized overnight courier, with all fees prepaid; (iv) facsimile (but only if a
party’s fax number is included in its Notice Address in the Key Provisions Summary or is
otherwise provided to the other party by a Notice); or (v) email (but only if a party’s email address
is included in its Notice Address in the Key Provisions Summary or is otherwise provided to the
other party by a Notice).
18.2 Addresses. Each party giving a Notice shall address the Notice to the
appropriate person at the receiving party (the “Addressee”) at the addresses listed in the Notice
Addresses section of the Key Provisions Summary or to another Addressee or at another address
as designated by a party in a Notice pursuant to this Section 18.
18.3 Effectiveness of a Notice. Except as provided elsewhere in this Agreement,
a Notice is effective only if the party giving the Notice has complied with Sections 18.1 and 18.2
above. The Notice is deemed to have been received by the Addressee as provided below. A Notice
is deemed to have been received by the Addressee as follows: (i) if a Notice is delivered in person,
or sent by Registered or Certified Mail, or nationally recognized overnight courier, upon receipt
by the Addressee as indicated by the date on the signed receipt; (ii) if a Notice is sent by facsimile,
upon receipt by the party giving the Notice of an acknowledgment or transmission report generated
by the machine from which the facsimile was sent indicating that the facsimile was sent in its
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entirety to the Addressee’s facsimile number; (iii) if a Notice is sent by email, upon sending the
email to the Addressee’s designated email address; and (iv) if the Addressee rejects or otherwise
refuses to accept the Notice, or if the Notice cannot be delivered because of a change in address
for which no Notice was given, then upon the rejection, refusal, or inability to deliver the Notice;
provided, however, that if a Notice is sent by facsimile or email, the party sending the Notice also
must send, on the date that the facsimile or email is sent, a confirmation copy of the Notice
(including the acknowledgement/transmission report described above) by one of the other methods
set forth in Section 18.1 (or else such facsimile or email notice is void).
18.4 Delivery Time of Notice. Notwithstanding the foregoing, if any Notice is
received after 5:00 p.m. on a Business Day where the Addressee is located, or on a day that is not
a Business Day where the Addressee is located, then the Notice is deemed received at 9:00 a.m.
on the next Business Day where the Addressee is located.
19. Remedies. If there is an Event of Default pursuant to Section 5.2; or if Licensee
becomes insolvent; and has not filed for bankruptcy, and City provides Licensee 60 days written
Notice of its intent to exercise its remedy, City shall have the right, at its option, to re-enter the
Premises and remove the Improvements therefrom, in addition to and not exclusive of any other
remedy City may have hereunder or by operation of law. Upon such occurrence, City may declare
this Agreement and the license granted herein terminated, in which event Licensee shall pay City
a sum of money equal to the total of: (i) the amount of Rental Fees accrued through the date of
termination; and (ii) any other reasonable amounts actually incurred by City and paid to third
parties proximately caused by Licensee’s failure to perform its obligations under this Agreement.
20. Force Majeure. Notwithstanding any other provision in this Agreement to the
contrary, neither Party will have any liability to the other with respect to its failure to perform its
obligations under this Agreement, except for the payment of amounts due, if such failure is due to
any of the following events (each a “Force Majeure” event): (i) the failure of any equipment or
software under the control of a person, firm or entity not affiliated with such Party; (ii) fire, flood,
earthquake, law, or government regulation; or (iii) any other cause beyond the reasonable control
of such Party. In any case, the Parties’ time for performance under this Agreement and the term
hereof, to the extent affected by any of the foregoing, shall be correspondingly extended; provided,
however, that if the Force Majeure condition shall continue in effect for more than 180 days, either
Party shall have the right to terminate this Agreement upon thirty (30) days’ Notice.
21. Miscellaneous Provisions
21.1 Modifications. Licensee’s operations and all City-approved modifications
to the Premises must at all times comply with the terms of this Agreement, all applicable federal,
state, and local laws, and ordinances, and all amendments thereto.
21.2 Entire Agreement. This Agreement, together with all Appendices attached
hereto and incorporated herein, constitutes the entire agreement between the parties with respect
to the subject matter covered in this Agreement. There is no other collateral oral or written
agreement between the parties that in any manner relates to the subject matter of this Agreement.
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21.3 Capacity. Both Licensee and City represent that they have full capacity
and authority to grant all rights and assume all obligations they have granted and assumed under
this Agreement.
21.4 Governing Law. This Agreement is entered into subject to the charter and
ordinances of City as they may be amended from time to time, and is subject to and is to be
construed, governed and enforced under all applicable federal and Texas state law; and venue for
any action concerning this Agreement shall be in Tarrant County, Texas. The Parties agree to
submit to the personal and subject matter jurisdiction thereof.
21.5 Amendment. This Agreement may only be amended by a written
amendment signed by the parties hereto.
21.6 Legal Construction; Severability. If any one or more of the provisions
contained in this Agreement are, for any reason, held to be invalid, illegal, or unenforceable in any
respect, that invalidity, illegality, or unenforceability shall not affect the other provisions, and the
Agreement shall be construed as if the invalid, illegal, or unenforceable provision(s) had never
been contained in it.
21.7 Nonwaiver. No right or remedy granted herein or reserved to the parties is
exclusive of any right or remedy herein, by law, or in equity provided or permitted; but each shall
be cumulative of every right or remedy given hereunder. No covenant or conditions of this
Agreement may be waived without consent of the parties. It is further agreed that one (1) or more
instances of forbearance by either party in the exercise of its rights hereunder will not, in any way,
constitute a waiver thereof.
21.8 Independent Contractor. Licensee covenants and agrees that Licensee is
an independent contractor and not an officer, agent, servant, or employee of City; that Licensee
shall have exclusive control of, and exclusive right to control, the details of the work performed
hereunder and all persons performing same, and shall be responsible for the acts and omissions of
its officers, agents, employees, contractors, subcontractors, and consultants; that the doctrine of
respondent superior shall not apply as between City and Licensee, its officers, agents, employees,
contractors, subcontractors, and consultants, and nothing herein shall be construed as creating a
partnership or joint enterprise between City and Licensee.
21.9 Successors and Assigns.
21.9.1 City and Licensee each bind themselves, their successors, executors,
administrators, and assigns to the other party to this Agreement. Other than
Licensee’s assignment to an Affiliate (as defined in this Section), or Licensee’s
assignment to any entity that acquires all or substantially all of Licensee’s assets in
the market defined by the FCC in which the Premises is located by reason of a
merger, acquisition, or other business reorganization, neither City nor Licensee will
assign, sublet, subcontract, or transfer any interest in this Agreement without the
written consent of the other party, which consent shall not be unreasonably
withheld, conditioned or delayed.
Communications Facility License (Verizon) Hall-Johnson Water Tower
_____________________________________________________________________________________________________________________
Page 18
21.9.2 Notwithstanding the provisions of Section 21.9.1, Licensee may assign this
Agreement to any parent, subsidiary, or Affiliate, or to any entity that acquires all
or substantially all of Licensee’s assets in the market defined by the FCC in which
the Premises is located by reason of a merger, acquisition, or other business
reorganization, without the need to obtain the consent of City. As used herein
“Affiliate” shall mean: (i) any entity in which the Licensee directly or indirectly
holds an equity or similar interest; (ii) any entity that directly or indirectly holds an
equity or similar interest in the Licensee; or (iii) any entity directly or indirectly
under common control with the Licensee. Notwithstanding any assignment
permitted under this Section or otherwise under this Agreement, Licensee shall
remain absolutely and unconditionally liable to pay and perform each and every
obligation set forth in this Agreement prior to said assignment, and Licensee shall
be relieved of all future performance, liability, and obligations after said
assignment.
21.9.3 If City shall, at any time, relinquish its ownership or otherwise dispose of
City’s Property pursuant to an assignment consented to in writing by Licensee
pursuant to Section 22.9.1, City shall be automatically released from all obligations
under and pursuant to this Agreement that accrue after such disposition. If City’s
Property is so disposed of, Licensee shall not disavow any of Licensee’s obligations
pursuant to this Agreement but upon receipt of all reasonably required
documentation of the purchaser’s or transferee’s ownership of the City’s Property
and right to receive Licensee’s payment of rent, including, without limitation, title
transfer documents, a completed current version of Internal Revenue Service Form
W-9, and completed and fully-executed state and local withholding forms, if
required, Licensee shall attorn to the purchaser or transferee thereof for the
performance of City’s obligations under this Agreement.
21.10 General Terms. (a) The parties acknowledge that each party and their respective
counsel have had an opportunity to review this Agreement and that this Agreement will not be
construed for or against either party merely because such party prepared or drafted this Agreement
or any particular provision thereof; (b) The descriptive headings/captions of the sections and
subsections of this Agreement are for convenience only, do not constitute a part of this Agreement,
and do not affect this Agreement’s construction or interpretation; (c) Whenever used in this
Agreement: (i) the words “herein”, “hereof”, and similar words refer to this Agreement in its
entirety and not solely to any specific sentence, paragraph, or section; (ii) the words “include,”
“includes,” and “including” mean considered as part of a larger group, incorporate “without
limitation”, and are not limited to the items recited; (iii) the word “shall” means “is obligated to”;
(iv) the word “may” means “is permitted to, but is not obligated to”; and (v) unless otherwise noted
reference to a specific Section or Exhibit is a reference to a Section or Exhibit in this Agreement;
(d) The provisions of this Agreement that would require that they survive the termination of the
Agreement in whole or part to give them full effect will survive the termination of this Agreement
in whole or part for any reason, regardless of the date, cause, or manner of such termination and
all rights of action arising from or related to this Agreement that accrue during the Term of the
Agreement, and any remedies for such claims, both legal and equitable, will survive termination;
Communications Facility License (Verizon) Hall-Johnson Water Tower
_____________________________________________________________________________________________________________________
Page 19
(e) The parties may waive any provision of this Agreement only by a writing executed by the party
or parties against whom the waiver is sought to be enforced; (f) No failure or delay in exercising
any right or remedy or in requiring the satisfaction of any condition under this Agreement, and no
act, omission, or course of dealing between the parties, operates as a waiver or estoppel of any
right, remedy, or condition; and a waiver once given is not to be construed as a waiver on any
future occasion or against any other person or entity; and (g) Each party represents to the other
that this Agreement has been duly authorized, executed, and delivered by and on behalf of such
party and constitutes the valid, binding, and enforceable agreement of such party in accordance
with the terms of this Agreement.
[Remainder of page left blank intentionally –
Signatures on following page(s)]
Communications Facility License (Verizon) Hall-Johnson Water Tower
_____________________________________________________________________________________________________________________
Page 20
The parties hereby execute this License Agreement as of the dates set forth below.
For Licensor/City:
The City of Colleyville
By: ______________________________________
Print Name: _______________________________
Title: ____________________________________
Date: __________________________________
For Licensee:
Cellco Partnership d/b/a Verizon Wireless
By: _______________________________________
Print Name: ______________________________
Title: ___________________________________
Date: _________________________________
Communications Facility License (Verizon) Hall-Johnson Water Tower
_____________________________________________________________________________________________________________________
Page 21
LICENSOR ACKNOWLEDGMENT
STATE OF TEXAS §
§
COUNTY OF DALLAS §
This License Agreement was acknowledged before me on the _______ day of
_____________, 2021, by Jerry Ducay, City Manager on behalf of the City of Colleyville.
________________________________
Notary Public, State of Texas
Communications Facility License (Verizon) Hall-Johnson Water Tower
Communications Facility License – Exhibit A
EXHIBIT A
SITE PLAN, SITE ELEVATION, ANTENNA SECTOR PLAN, & SURVEY
(collectively referred to as “SITE PLAN”)
See Attached
Communications Facility License (Verizon) Hall-Johnson Water Tower
Communications Facility License – Exhibit A
SITE PLAN
See Attached
'(7$,/6,7(3/$1$'(7$,/6,7(3/$1.QRZZKDW
VEHORZEHIRUH\RXGLJ&DOO7+,6,6$1,1&203/(7(6(7127)25&216758&7,21253(50,77,1*$335235,$7(352)(66,21$/6($/:,//%($33/,('72),1$/&216758&7,216(7 $5&+&200//&%HFNHWW6DQ$QWRQLR7H[DV/($6,1*&216758&7,21/$1'/25'7%3(12)
322/52$'5(3/YHUL]RQ&2//(<9,//(7$55$17&2817<7(;$6 +$//-2+162152$'3&'+ ?9(5,=21?1257+7(;$6?B:$7(57$1.6?3RRO5RDG5HSO:7? 1%?&$1'?322/52$'5(3/$$**%$6(GZJ 30
Communications Facility License (Verizon) Hall-Johnson Water Tower
Communications Facility License – Exhibit A
SITE ELEVATION
See Attached
6,7((/(9$7,21$6,7((/(9$7,217+,6,6$1,1&203/(7(6(7127)25&216758&7,21253(50,77,1*$335235,$7(352)(66,21$/6($/:,//%($33/,('72),1$/&216758&7,216(7 $5&+&200//&%HFNHWW6DQ$QWRQLR7H[DV/($6,1*&216758&7,21/$1'/25'7%3(12)
322/52$'5(3/YHUL]RQ&2//(<9,//(7$55$17&2817<7(;$6 +$//-2+162152$'3&'+ ?9(5,=21?1257+7(;$6?B:$7(57$1.6?3RRO5RDG5HSO:7? 1%?&$1'?322/52$'5(3/$(/(9$7,21GZJ 30
Communications Facility License (Verizon) Hall-Johnson Water Tower
Communications Facility License – Exhibit A
ANTENNA SECTOR PLAN
See Attached
6(&7253/$1$$17(11$6(&7253/$172:(53(1(75$7,217<3,&$/6(&7256(&7,217+587+,6,6$1,1&203/(7(6(7127)25&216758&7,21253(50,77,1*$335235,$7(352)(66,21$/6($/:,//%($33/,('72),1$/&216758&7,216(7 $5&+&200//&%HFNHWW6DQ$QWRQLR7H[DV/($6,1*&216758&7,21/$1'/25'7%3(12)
322/52$'5(3/YHUL]RQ&2//(<9,//(7$55$17&2817<7(;$6 +$//-2+162152$'3&'+ ?9(5,=21?1257+7(;$6?B:$7(57$1.6?3RRO5RDG5HSO:7? 1%?&$1'?322/52$'5(3/$$**%$6(GZJ 30
Communications Facility License (Verizon) Hall-Johnson Water Tower
Communications Facility License – Exhibit A
SURVEY
See Attached
POOL ROAD REPL20191955813OUT OF J.L. BYAS SURVEY, ABST. 180TARRANT COUNTY, TEXASRAWLAND TOWER SURVEYPROJECT NO.20-10019SMW Engineering Group, Inc.158 Business Center DriveBirmingham, Alabama 35244Ph: 205-252-6985www.smweng.comVERIZON WIRELESS600 HIDDEN RIDGEIRVING, TEXAS 75038
POOL ROAD REPL20191955813OUT OF J.L. BYAS SURVEY, ABST. 180TARRANT COUNTY, TEXASRAWLAND TOWER SURVEYPROJECT NO.20-10019SMW Engineering Group, Inc.158 Business Center DriveBirmingham, Alabama 35244Ph: 205-252-6985www.smweng.comVERIZON WIRELESS600 HIDDEN RIDGEIRVING, TEXAS 75038””””””””””””””””””””””””””””””” ’” ” ’” ” ’” ” ’” ’” ’” ’” ””””””””
City of Colleyville Page 1
City of Colleyville
City Council
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
www.colleyville.com
Agenda Number 2b Agenda Date 3/2/2021 Number
Type Resolution
Department Engineering
Title
Approval of an Interlocal Agreement (ILA) with the City of Grapevine to share the cost
of construction for an emergency interconnection meter vault on Roberts Road, and
authorizing the City Manager to execute the agreement
Strategic Plan
3.2 Ensure regular repair and replacement of water and wastewater facilities
5.4 Actively seek public/private partnerships
Explanation
Reading and Public Hearing
Staff is seeking approval to enter into an Interlocal Agreement (ILA) with the City of
Grapevine to share costs of construction for an emergency interconnection meter vault
on Roberts Road between the two cities. As a part of the ILA, Grapevine has requested
interconnection improvements to Birch Avenue at Roberts Road. These improvements
are in the City of Grapevine limits and will be reimbursed by Grapevine upon
completion of the project.
The construction of the emergency interconnect meter is included in the overall
Roberts Road construction project. The Roberts Road Project includes replacing the
existing 8" water line, upsizing the existing 6" wastewater line, road rehabilitation with
a new concrete road, and an emergency interconnect meter. The interconnection
meter will include the installation of an interconnection mag meter, valves, and
apparatuses associated with the interconnection of Colleyville and Grapevine's water
distribution system. This interconnection will only be used in the event of an
emergency.
The ILA breaks the cost sharing into design fees and construction fees. For the design
of the emergency interconnect meter and the intersection improvements at Birch
Avenue, Grapevine will reimburse Colleyville in the amount of $46,681.50.
The Engineer's Opinion of Probable Construction Cost (OPCC) for the Roberts Road
Project is $2,648,868.00. The City of Grapevine would reimburse the City of Colleyville
on all project construction costs (not including the interconnection meter vault)
incurred along Roberts Road beginning at the Colleyville/Grapevine City limits
extending north to Birch Avenue. Additionally, the City of Colleyville and the City of
Grapevine would share costs 50/50 for all project construction costs for the
City Council Agenda Briefing 2b
City of Colleyville Page 2
interconnect meter.
The Agreement was approved by the City of Grapevine at their City Council Meeting on
February 23, 2021, and the City Attorney has reviewed.
Financial Impact
Funding for the project is available in the Tax Increment Finance (TIF) Fund.
Recommendation
Approve
Attachments
1.Roberts Road ILA Cost Sharing Presentation
2.Roberts Road Agreement
3.Robert Road 100% Check Set_Cost Estimate
2b. Roberts Road Interlocal Agreement (ILA) Cost Sharing
•Staff is seeking approval to enter into
an Interlocal Agreement (ILA) with
the City of Grapevine to share costs
of construction for an emergency
interconnection meter vault on
Roberts Road between the two cities.
PAGE 1 INTERLOCAL AGREEMENT BETWEEN THE CITY OF COLLEYVILLE AND
THE CITY OF GRAPEVINE
INTERLOCAL AGREEMENT
Between the City of Colleyville and the City of Grapevine
For the Construction of Roberts Road Improvements
This Interlocal Agreement (hereinafter the “Agreement”) is entered into by and between
the CITY OF COLLEYVILLE (hereinafter “Colleyville”) and the CITY OF GRAPEVINE
(hereinafter “Grapevine”), which are both home rule municipal corporations and political
subdivisions of the State of Texas. Colleyville and Grapevine are referred to herein as
individually as a “Party” and collectively as the “Parties” herein.
RECITALS
WHEREAS, Grapevine and Colleyville desire to execute this Interlocal Agreement
pursuant to the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code,
as amended, and in accordance with purchasing statutes regulating the Parties and
subject to availability of current revenues; and
WHEREAS, the Interlocal Cooperation Act authorizes governmental entities to enter into
Interlocal cooperation agreements for administrative and governmental functions and
services; and
WHEREAS, Grapevine and Colleyville agree that both Parties shall make payments for
the performance of governmental functions or services under this Agreement from current
revenues then available to the paying Party; and
WHEREAS, Colleyville and Grapevine mutually desire to construct paving and water
improvements, and maintain certain public water facilities within their respective public
rights-of-way (defined hereinafter as the “Project”); and
NOW, THEREFORE, for and in consideration of performance of the mutual covenants,
obligations, and undertakings of and by each of the respective Parties to this Agreement,
Grapevine and Colleyville agree as follows:
I.
DEFINITIONS
Unless the context clearly indicates a different meaning, the words and phrases set forth
in this Article I shall have the following meanings when used in this Agree ment:
“Colleyville” shall mean the City of Colleyville, Texas.
“Grapevine” shall mean the City of Grapevine, Texas.
PAGE 2 INTERLOCAL AGREEMENT BETWEEN THE CITY OF COLLEYVILLE AND
THE CITY OF GRAPEVINE
“Equipment” shall mean the tools, machinery, and motor vehicles used to install the
public water system, including equipment such as a bore rig, trucks, back trailer, or
other such machinery or equipment.
“Effective Date” shall mean the date this Agreement bears the signatures of the
authorized representatives of all of the Parties, whether on one or mul tiple counterparts.
“Emergency Interconnection Meter Vault” shall mean a below grade vault to house an
8” meter and manually operated valves on both sides of the meter.
“Expiration Date” shall mean the last date of the Initial Term or Renewal Term of th is
Agreement, as the case may be.
“Project” shall mean the installation of the public water system in Colleyville and
Grapevine in connection with the Roberts Road construction project pursuant to the terms
of this Agreement.
“Rights-of-Way” shall mean the rights-of-way and/or other real property interest within
the incorporated limits of each Party where that Party has lawful access to perform the
work and/or services necessary for the Project.
II.
PURPOSE
The purpose of this Agreement is to memorialize both Parties’ mutual agreement to
extend the Roberts Road construction project and public water facilities installation, north
into the Grapevine City Limits, as further described and depicted in Exhibit A.
III.
RESPONSIBILITIES OF THE PARTIES; COST APPORTIONMENT
3.1 Colleyville shall be responsible for the following:
(a) All Project construction costs (not including the interconnection meter vault)
incurred from Glade Road continuing north along Roberts Road to the
Colleyville/Grapevine city limits (See Exhibit A);
(b) Fifty percent (50%) of all Project construction costs for the interconnect
meter vault;
PAGE 3 INTERLOCAL AGREEMENT BETWEEN THE CITY OF COLLEYVILLE AND
THE CITY OF GRAPEVINE
(c) Colleyville’s construction standards will apply to the Project, including those
portions of the Project that extend into Grapevine’s City Limits ; and
(d) Upon completion and acceptance of the Project by the Parties, Colleyville
shall:
i. operate and maintain the water line from the interconnection meter
vault to the south of the vault; and
ii. maintain those portions of Roberts Road situated within its city limits.
3.2 Grapevine shall be responsible for the following:
(a) All Project construction costs (not including the interconnection meter vault)
incurred along Roberts Road beginning at the Colleyville/Grapevine city
limits extending north to Birch Avenue (See Exhibit A);
(b) Fifty percent (50%) of all Project construction costs f or the interconnect
meter vault;
(c) Grapevine will appoint a representative that will be responsible for timely
reviewing the design and approving location and placement of equipment
within its right of way; and
(d) Upon completion and acceptance of the Project by the Parties, Grapevine
shall:
i. operate and maintain the water line from the interconnection meter
vault to the north of the vault; and
ii. maintain of those portions of Roberts Road situated within its city
limits.
3.3 Design Costs; Reimbursement. The Parties acknowledge that the design contract
for the Project has been awarded to Freese and Nichols, Inc. through the City of
Colleyville with a total not-to-exceed amount of $384,046.00. Grapevine will reimburse
Colleyville, in the amount of $46,681.50, for the design costs incurred for the water and
roadway design extending from the limits of the Colleyville/Grapevine City Limits Line to
Birch Avenue within five (5) days from the initial date the Project is advertised for bids.
PAGE 4 INTERLOCAL AGREEMENT BETWEEN THE CITY OF COLLEYVILLE AND
THE CITY OF GRAPEVINE
3.4 Emergency Water Usage. If it becomes necessary for a Party to use the other
Party’s water in the case of an emergency, the Party using the water shall reimburse the
other Party for the total usage amount at the then current wholesale rate; provided that
no reimbursement shall be required for water used wi thin the first twenty four (24) hours
of the emergency.
3.5 Fiscal Agent. Colleyville shall serve as the fiscal agent of the Parties for purposes
of the Project. Colleyville will review, approve and pay the bills incurred for the Project
and will then bill Grapevine for their respective shares. Grapevine is entitled to request a
copy of any bill for review, prior to or following Colleyville’s payment of the same; provided
that Grapevine may not unreasonably delay timely payment of any bill approved for
payment by Colleyville. Unless otherwise provided in this Agreement, Grapevine will remit
payment to Colleyville within thirty (30) days of receipt of any and all invoices.
3.6 Rights-of-way. The Parties agree to provide necessary access to their respective
Rights-of-Way for the Project. Neither party shall be responsible for acquiring additional
rights-of-way, easements, or other property rights wholly located outside of that Party’s
incorporated limits. The Parties will designate a single point of contact for managing
Rights-of-Way issues.
3.7 Parties to be Independent. It is understood and agreed by and between the Parties
that each, in satisfying the conditions of this Agreement, is acting independently, and that
neither assumes responsibility or liability to any third party in connection with these
actions. All work to be performed by the Parties pursuant to this Agreement shall be in
the capacity of an independent local governmental entity, and not as an agent or
employee of the other Party. Each Party shall supervise the performance of its own
personnel and shall be entitled to control the manner and means by which its work and
services are to be performed, subject to the terms of this Agreement.
IV.
DISPUTE RESOLUTION; MEDIATION
4.1 Dispute Resolution. The Parties agree that the Parties will attempt to resolve
disputes relating to the Project and this Agreement in the following manner: (i) first the
Parties will meet to attempt resolution; (ii) if no resolution is achieved, the dispute will be
heard at a meeting of each Parties’ City Manager or designee; (iii) if no resolution is
achieved after the dispute is heard by the designated parties designees, then the dispute
will be heard by an independent mediator; and (iv) if no resolution is achieved after
meeting with a mediator, then the dispute will be resolved in the appropriate Court. Either
Party may proceed directly to Court if this dispute process would unduly delay or interfere
with the Party’s timely filing of one or more causes of action in court.
PAGE 5 INTERLOCAL AGREEMENT BETWEEN THE CITY OF COLLEYVILLE AND
THE CITY OF GRAPEVINE
4.2 Mediation. Should mediation occur, the Parties shall agree on the mediator to be
used and each Party agrees to equally share the cost for the mediator’s services. Each
Party is responsible for its own expenses related to mediation, including legal
representation.
V.
TERM & TERMINATION
5.1 Term. The Initial Term of this Agreement shall be the earlier of completion of the
Project or two (2) years, unless earlier terminated in accordance with the provisions
contained herein. The Parties may agree to additional one (1) year renewal terms of this
Agreement (each a “Renewal Term”) by mutual written agreement any time prior to the
Expiration Date.
5.2 Termination. This Agreement terminates on the Expiration Date, and may, prior to
the Expiration Date, be terminated upon any one or more of the following events:
(a) by written mutual agreement of both Parties; or
(b) by either Party, after thirty (30) days written notice to the other Party, if for any
reason funds are not expressly and specifically allocated to cover each Party’s
prospective obligations under this Agreement in each Party’s approved budget
in any fiscal year subsequent to that in which each P arty’s funds for this
Agreement were first allocated; provided, however, that in no event shall such a
termination be effective earlier than the last date for which the terminating Party’s
funds have already been so allocated under an existing approved bud get; or
(c) by either Party in the event the other Party breaches any of the terms or
conditions of this Agreement and such breach is not cured within thirty (30)
calendar days after written notice thereof; provided however, if such breach
cannot reasonably be cured within such thirty calendar (30) day period, such
breaching Party shall be allowed additional time (not to exceed thirty (30)
additional calendar days) to cure such breach, so long as the breaching Party
begins the cure within the initial thirty (30) calendar days and diligently pursues
the cure to completion within sixty (60) calendar days after written notice of such
breach.
5.3 Rights Upon Termination. Upon expiration or termination of this Agreement for any
reason, the Parties shall retain ownership of their respective rights and obligations as set
forth herein. A full and final accounting of all funds, expenditures, and incurred, but not
paid, chares/expenses shall be completed and all remaining net balances and/or
remaining obligations owed hereunder shall be distributed and/or allocated accordingly
within thirty (30) days of the Expiration Date or termination of this Agreement, as the case
may be.
PAGE 6 INTERLOCAL AGREEMENT BETWEEN THE CITY OF COLLEYVILLE AND
THE CITY OF GRAPEVINE
VI.
MISCELLANEOUS
6.1 Notice. Any notice required to be sent under this Agreement must be in writing and
may be served by depositing same in the United States Mail, addressed to the Party to
be notified, postage pre-paid and registered or certified with return receipt requested, or
by delivering the same in person to such Party via a hand -delivery service, Federal
Express or any courier service that provides a return receipt showing the date of actual
delivery of same to the addressee thereof. Notice given in accordance herewith shall be
effective upon receipt at the address of the addressee. For purposes of notice, the
addresses of the Parties are as follows:
If to Colleyville, to: City Manager
Colleyville City Hall
100 Main ST
Colleyville, TX 76034
If to Grapevine, to: City Manager
Grapevine City Hall
200 S. Main ST
Grapevine, TX 76051
6.2 Governing Law and Venue. The validity of this Agreement and any of its terms and
provisions as well as the rights and duties of the Parties shall be governed by the laws of
the State of Texas; and venue for any action concerning this Agreement shall only lie in
State of Texas District Courts in Fort Worth, Tarrant County, Texas. The Parties hereby
affirmatively agree to submit to the personal and subject matter jurisdiction of said courts.
6.3 Party Responsibility. To the extent allowed by law, and without waiving any
governmental immunity available to the Parties under Texas law, or any other defenses
the Parties are able to assert under Texas law, each Party agrees to be responsible for
its own negligent or otherwise tortious acts or omissions in the course of performance of
this Agreement. The covenants, obligations and liabilities of the Parties shall be several
and not joint or collective. Each of the Parties shall be individually responsible for its own
covenants, obligations and liabilities herein. It is not the intention of the Parties to create,
nor shall this Agreement be construed as creating a partnership, association, joint venture
or trust, as imposing a trust or partnership covenant, obligation or liability on or with regard
to any of the Parties.
6.4 Immunity. It is expressly understood and agreed that, in the performance of this
Agreement, none of the Parties waive, nor shall be deemed hereby to have waived, any
immunity or defense that would otherwise be available to them against claims arising in
PAGE 7 INTERLOCAL AGREEMENT BETWEEN THE CITY OF COLLEYVILLE AND
THE CITY OF GRAPEVINE
the exercise of governmental powers and functions. By entering into this Agreement, the
Parties do not create any obligations, express or implied, other than those set forth herein,
and this Agreement shall not create any rights in any persons or entities who are not
Parties to this Agreement. The Parties expressly acknowledge and agree that the
construction, operation, and use of the Facility constitute a governmental function
pursuant to the Texas Tort Claims Act, as amended.
6.5 Entire Agreement. This Agreement represents the entire agreement among the
Parties with respect to the subject matter covered by this Agreement. There is no other
collateral, oral or written agreement between the parties that in any manner relates to the
subject matter of this Agreement.
6.6 Exhibits. All exhibits to this Agreement are incorporated herein by reference for all
purposes wherever reference is made to the same. In the case of any conflict between
this Agreement and the Exhibits, this Agreement shall govern.
6.7 Recitals. The recitals to this Agreement are incorporated herein.
6.8 Amendment. This Agreement may only be amended by the mutual , written
agreement of both Parties.
6.6 Questions from the Public; Public Information Act Request. Colleyville
acknowledges that it is Colleyville’s responsibility to respond to questions or concerns
expressed by Colleyville’s citizens on any issues related to the Project including, but not
limited to, general questions or concerns about the Project, its construction/installation
schedule, and the type or quality of work being performed to carry out the terms and
conditions of this Agreement. Notwithstanding the foregoing, both Parties agree to comply
with Chapter 552 of the Texas Public Information Act.
6.10 Severability. In the event, any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any
respect, such invalidity, illegality, or unenforceability shall not affect the other provisions,
and the Agreement shall be construed as if such invalid, illegal, or unenforceable provision
had never been contained in this Agreement.
6.11 Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall be deemed an original and constitute one and the same instrument.
6.12 Assignment. Neither Party may assign, transfer, or otherwise convey this
Agreement without the prior written consent of the other Party.
PAGE 8 INTERLOCAL AGREEMENT BETWEEN THE CITY OF COLLEYVILLE AND
THE CITY OF GRAPEVINE
6.13 Consents. Unless expressly stated otherwise, whenever the consent or the
approval of a Party is required herein, such Party shall not unreasonably withhold, delay ,
or deny such consent or approval.
6.14 Survival of Covenants. Any of the representations, warranties, covenants, and
obligations of the Parties, as well as any rights and benefits of the Parties, pertaining to a
period of time following the termination of this Agreement shall survive terminati on.
6.15 Source of Payment. Each Party paying for the performance of governmental
functions or services pursuant to this Agreement must make those payments from current
revenues available to the paying Party or from funds otherwise lawfully available to the
Party for use in the payment of the Party’s obligations pursuant to this Agreement.
6.16 Purchasing. The Parties agree that each Party shall abide by any and all
competitive purchasing laws applicable to the Party initiating the construction,
maintenance or repair of the system. The Parties further agree that all payments shall be
from the designated fund.
6.17 Force Majeure. No Party shall be liable to any or all of the other Parties for any
failure, delay, or interruption in the performance of any of the terms, covenants, or
conditions of this Agreement due to causes beyond the Party’s respective control or
because of applicable law, including, but not limited to, war, nuclear disaster, strikes,
boycotts, labor disputes, embargoes, acts of God, acts of the public enemy, act s of
superior governmental authority, floods, riots, rebellion, sabotage, terrorism, or any other
circumstance for which a party is not legally responsible or which is not reasonably within
its power to control. The affected Party’s obligation shall be sus pended during the
continuance of the inability then claimed, but for no longer period. To the extent possible,
the Party shall endeavor to remove or overcome the inability claimed with all reasonable
dispatch.
6.18 No Additional Participating Parties. No additional parties or other governmental
entities may become parties under the terms of this Agreement.
6.16 Insurance. It shall be each Party’s individual responsibility to obtain any and all
insurance coverage necessary for the Project.
6.20 Captions. The captions to various clauses of this Agreement are for informational
purposes only and in no way alter the substance of the terms and conditions of this
Agreement.
6.21 Authority to Execute. Both individuals executing this Agreement on behalf of their
respective Parties below represent to each other and to others that all of the appropriate
PAGE 9 INTERLOCAL AGREEMENT BETWEEN THE CITY OF COLLEYVILLE AND
THE CITY OF GRAPEVINE
and necessary actions have been taken to authorize the individual who is executing this
Agreement to do so for and on behalf of the Party for which his or her signature appears.
Signature page to follow
EXECUTED hereto on the date(s) shown below.
City of Grapevine, Texas
City of Colleyville, Texas
By: ___________________________
By: ___________________________
Bruno Rumbelow, City Manager
Jerry Ducay, City Manager
Attest:
Attest:
_______________________________ _______________________________
Tara Brooks
Grapevine City Secretary
Christine Loven
Colleyville City Secretary
APPROVED AS TO FORM:
APPROVED AS TO FORM:
_______________________________ ______________________________
_____________
City Attorney
Whitt L. Wyatt
City Attorney
LIST OF EXHIBITS
Exhibit A – Project Location Illustration
EXHIBIT A
PROJECT LOCATION ILLUSTRATION
ITEM CIPCD #QUANTITY UNIT UNIT PRICE TOTAL
Unit 1 Roadway Colleyville Portion
1 1 LS 58,000.00$ 58,000.00$
2 B 2.7 1 LS 50,000.00$ 50,000.00$
3 B 2.8 2900 CY 12.00$ 34,800.00$
4 B 2.12 200 CY 15.00$ 3,000.00$
5 B 2.6 3900 SY 10.00$ 39,000.00$
6 B 2.6 2500 SY 12.00$ 30,000.00$
7 B 2.6 400 SY 8.00$ 3,200.00$
8 B 2.6 4 EA 1,500.00$ 6,000.00$
9 B 2.6 1 LS 8,000.00$ 8,000.00$
10 B 2.6 1 LS 15,000.00$ 15,000.00$
11 B 2.4 6 MO 6,000.00$ 36,000.00$
12 B 2.21 4900 SY 2.50$ 12,250.00$
13 B 2.23 4900 SY 1.25$ 6,125.00$
14 1 LS 20,000.00$ 20,000.00$
15 B 2.2 5700 SY 55.00$ 313,500.00$
16 B 1.6 6100 SY 5.00$ 30,500.00$
17 B 1.5 100 TON 175.00$ 17,500.00$
18 B 1.7 775 SY 16.00$ 12,400.00$
19 B 1.10 90 TON 150.00$ 13,500.00$
20 B 1.10 130 TON 150.00$ 19,500.00$
21 B 1.10 480 TON 150.00$ 72,000.00$
22 B 1.10 40 TON 150.00$ 6,000.00$
23 B 2.13 3100 LF 4.00$ 12,400.00$
24 B 2.13 470 LF 25.00$ 11,750.00$
25 B 2.15 310 SY 55.00$ 17,050.00$
26 B 2.15 870 SY 90.00$ 78,300.00$
27 B 2.17 490 SY 50.00$ 24,500.00$
28 B 2.17 7 EA 1,750.00$ 12,250.00$
29 1 LS 10,000.00$ 10,000.00$
30 1 LS 3,000.00$ 3,000.00$
31 1 LS 10,000.00$ 10,000.00$
32 2 EA 7,500.00$ 15,000.00$
33 B 1.15 680 LF 70.00$ 47,600.00$
34 B 1.15 60 LF 80.00$ 4,800.00$
35 B 1.15 20 LF 85.00$ 1,700.00$
36 B 1.20 1 EA 8,500.00$ 8,500.00$
37 B 1.20 1 EA 8,500.00$ 8,500.00$
38 B 1.20 1 EA 10,000.00$ 10,000.00$
39 B 1.20 1 EA 7,000.00$ 7,000.00$
40 B 1.18 1 EA 7,500.00$ 7,500.00$
41 B 1.20 9 EA 7,500.00$ 67,500.00$
42 C 2.4 740 LF 2.50$ 1,850.00$
43 B 2.35 6 EA 3,500.00$ 21,000.00$
44 B 2.34 8 EA 1,000.00$ 8,000.00$
45 2 EA 6,500.00$ 13,000.00$
46 B 2.36 1 LS 20,000.00$ 20,000.00$
47 1 LS 10,000.00$ 10,000.00$
48 660 LF 15.00$ 9,900.00$
SUBTOTAL 0%1,207,475.00$
Mobilization and Demobilization (Maximum 5% of Total Bid)
Right-Of-Way Preparation
Unclassified Excavation
Compacted Roadway Fill
OPINION OF PROBABLE CONSTRUCTION COST
City Of Colleyville
100%
PROJECT NAME DATE
GROUP
PM
11/6/2020
1140
FNI PROJECT NUMBER
Luis Reveles Mitch Aiton CLV19169
DESCRIPTION
ESTIMATED BY QC CHECKED BY
Adjust Existing Water Valve to Final Grade
Relocate Existing Water Service
Adjust Existing Sanitary Sewer Manhole to Final Grade
6" Concrete Driveway (Residential)
Lime (27 lbs/sy)
6" Concrete Driveway (Commercial) (High Early Strength)
Roberts Road - From Glade Road to Birch Avenue
10' Recessed Curb Inlet
20' Recessed Curb Inlet
20' Type 2 Curb Inlet
15' Standard Curb Inlet
Square Junction Box (4'x4')
Remove Existing RCP's, Inlets, and Culverts
Mitch Aiton
5" Concrete Sidewalk
Curb Ramp
Relocate Existing Church Sign
8" Lime Treated Subgrade
2" HMAC TYPE D
6" Concrete Curb (Integral)
6" Concrete Curb (Type II-B)
6" HMAC TYPE B - Phase 1
6" HMAC TYPE B - Phase 2
6" HMAC TYPE B - Driveway Phasing
Traffic Control Plan and Implementation
CLIENT
Irrigation Repair Construction Allowance
Tree Trimming Construction Allowance
Remove and Relocate Wooden Post and Cable Fence
6" Flex Base
% SUBMITTAL
Signage
4" Topsoil
Block Sod
Temporary Erosion, Sedimentation, And Water Pollution Prevention and Control
7" Reinforced Concrete Pavement
Remove Existing Asphalt Pavement
Permanent Pavement Markings
Reinforced Concrete Pipe (Class III) (18")
Rectangular Rapid-Flashing Beacon (RRFB) Assembly - Single Sided
Remove Existing Concrete Pavement
Remove Existing Gravel
Remove and Relocate Mailbox
Repair and Adjust Existing Irrigation
Drop Inlet (4'x4')
Trench Safety
Reinforced Concrete Pipe (Class III) (21")
Reinforced Concrete Pipe (Class III) (24")
ITEM CIPCD #QUANTITY UNIT UNIT PRICE TOTAL DESCRIPTION
Unit 2 Roadway Grapevine Portion
49 B 2.7 1 LS 10,000.00$ 10,000.00$
50 B 2.8 200 CY 12.00$ 2,400.00$
51 B 2.12 200 CY 15.00$ 3,000.00$
52 B 2.6 900 SY 10.00$ 9,000.00$
53 B 2.6 400 SY 12.00$ 4,800.00$
54 B 2.21 700 SY 2.50$ 1,750.00$
55 B 2.23 700 SY 1.25$ 875.00$
56 B 2.2 1100 SY 55.00$ 60,500.00$
57 B 1.6 1200 SY 5.00$ 6,000.00$
58 B 1.5 20 TON 170.00$ 3,400.00$
59 50 TON 150.00$ 7,500.00$
60 B 2.13 600 LF 4.00$ 2,400.00$
61 B 2.17 280 SY 50.00$ 14,000.00$
62 10 SY 185.00$ 1,850.00$
63 B 2.17 8 EA 1,750.00$ 14,000.00$
64 B 2.35 1 EA 3,500.00$ 3,500.00$
65 B 2.34 3 EA 1,000.00$ 3,000.00$
66 1 EA 2,500.00$ 2,500.00$
67 1 EA 6,500.00$ 6,500.00$
SUBTOTAL 0%156,975.00$
Unit 3 Water and Sewer Colleyville Portion
68 C 1.7 2120 LF 80.00$ 169,600.00$
69 C 1.13 2 EA 2,700.00$ 5,400.00$
70 C 1.13 9 EA 3,000.00$ 27,000.00$
71 C 1.17 21 EA 1,200.00$ 25,200.00$
72 C 1.17 4 EA 2,500.00$ 10,000.00$
73 C 2.4 2120 LF 2.00$ 4,240.00$
74 C 2.26 3 EA 3,000.00$ 9,000.00$
75 C 2.26 1 EA 5,000.00$ 5,000.00$
76 C 1.18 2.5 TON 6,000.00$ 15,000.00$
77 2120 LF 40.00$ 84,800.00$
78 C 1.10 1780 LF 90.00$ 160,200.00$
79 C 1.10 100 LF 90.00$ 9,000.00$
80 C 2.4 1 LS 10,000.00$ 10,000.00$
81 9 EA 6,000.00$ 54,000.00$
82 C 2.21 16 EA 1,500.00$ 24,000.00$
83 C 2.29 1870 LF 2.00$ 3,740.00$
84 C 2.29 1780 LF 2.00$ 3,560.00$
85 0.5 LS 150,000.00$ 75,000.00$
86 0.5 LS 31,000.00$ 15,500.00$
SUBTOTAL 0%710,240.00$
Unit 3 Water and Sewer Grapevine Portion
87 C 1.7 190 LF 80.00$ 15,200.00$
88 C 1.13 2 EA 2,000.00$ 4,000.00$
89 C 2.26 2 EA 2,500.00$ 5,000.00$
90 C 1.12 3 EA 6,000.00$ 18,000.00$
91 0.5 LS 150,000.00$ 75,000.00$
92 0.5 LS 31,000.00$ 15,500.00$
SUBTOTAL 0%132,700.00$
1,917,715.00$
289,675.00$
SUBTOTAL 0%2,207,390.00$
CONTINGENCY 20%441,478.00$
PROJECT CONSTRUCTION COST TOTAL 2,648,868.00$
COLLEYVILLE PROJECT SUBTOTAL
GRAPEVINE PROJECT SUBTOTAL
5" Concrete Sidewalk
Relocate Existing Electric Service
Relocate Existing Water Service
Emergency Interconnection Meter Vault (including associated valves, hydrants, flow
meter, excavation and haul-off) (50%)
Connect to Existing 12" Water Line
Ductile Iron Fittings
Temporary Bypass Pumping
Pre-Construction TV Inspection
Post-Construction TV Inspection
1" Water Service and Connection
Connect to Existing 8" Water Line
6" Water Service and Connection
8" C-900 Water Line (DR18) by Open Cut
8" Gate Valve
Trench Safety
Temporary Asphalt Pavement Repair
5' Diameter Manhole
4" Sewer Service Connection
Electrical
Emergency Interconnection Meter Vault (including associated valves, hydrants, flow
meter, excavation and haul-off) ( (50%)
Electrical
8" C-900 Water Line (DR18) by Open Cut
Fire Hydrant Assembly
8" Lime Treated Subgrade
6" Asphalt Pavement
6" Concrete Curb (Integral)
Right-Of-Way Preparation
Unclassified Excavation
Compacted Roadway Fill
Block Sod
Remove Existing Asphalt Pavement
4" Topsoil
Remove Existing Concrete Pavement
8" PVC Sewer Line DR-18 Fusible PVC by Pipe Bursting
8" Gate Valve
Connect to Existing 6" Water Line
7" Reinforced Concrete Pavement
6" Gate Valve
8" PVC Sewer Line (SDR 26) by Open Cut
The Engineer has no control over the cost of labor, materials, equipment, or over the Contractor's methods of determining prices or over competitive bidding or market conditions. Opinions of probable costs provided herein are
based on the information known to Engineer at this time and represent only the Engineer's judgment as a design professional familiar with the construction industry. The Engineer cannot and does not guarantee that proposals,
Concrete Sidewalk (Steps)
Adjust Existing Water Valve to Final Grade
Curb Ramp
Adjust Existing Sanitary Sewer Manhole to Final Grade
Lime (27 lbs/sy)
City of Colleyville Page 1
City of Colleyville
City Council
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
www.colleyville.com
Agenda Number 2c Agenda Date 3/2/2021 Number
Type Resolution
Department Engineering
Title
Approval of an Interlocal Agreement (ILA) with the City of Grapevine to implement a
Standard Operating Procedure (SOP) for an emergency interconnection meter vault on
Roberts Road, and authorizing the City Manager to execute the agreement
Strategic Plan
3.2 Ensure regular repair and replacement of water and wastewater facilities
5.4 Actively seek public/private partnerships
Explanation
Reading and Public Hearing
Staff is seeking approval to enter into an Interlocal Agreement (ILA) with the City
of Grapevine to implement a Standard Operating Procedure (SOP) for an
emergency interconnection meter vault on Roberts Road between the two cities.
The construction of the emergency interconnect meter is included in the overall
Roberts Road construction project. The Roberts Road Project includes replacing the
existing 8" water line, upsizing the existing 6" wastewater line, road rehabilitation with
a new concrete road, and an emergency interconnect meter. The interconnection
meter will include the installation of an interconnection mag meter, valves, and
apparatuses associated with the interconnection of Colleyville and Grapevine's water
distribution system. This interconnection will only be used in the event of an
emergency.
The Agreement was approved by the City of Grapevine at their City Council Meeting on
February 23, 2021, and the City Attorney has reviewed.
Financial Impact
Funding for the project is available in the Tax Increment Finance (TIF) Fund.
Recommendation
Approve
Attachments
1.Roberts Road ILA SOP Presentation
2.Roberts Road Agreement
2c. Roberts Road Interlocal Agreement (ILA) SOP
•Staff is seeking approval to enter into
an Interlocal Agreement (ILA) with
the City of Grapevine to implement a
Standard Operating Procedure (SOP)
for an emergency interconnection
meter vault on Roberts Road
between the two cities.
PAGE 1 INTERLOCAL AGREEMENT BETWEEN THE CITY OF COLLEYVILLE AND
THE CITY OF GRAPEVINE
INTERLOCAL AGREEMENT
Between the City of Colleyville and the City of Grapevine
For the Standard Operating Procedures of the Water Interconnect on Roberts
Road
This Interlocal Agreement (hereinafter the “Agreement”) is entered into by and between
the CITY OF COLLEYVILLE (hereinafter “Colleyville”) and the CITY OF GRAPEVINE
(hereinafter “Grapevine”), which are both home rule municipal corporations and political
subdivisions of the State of Texas. Colleyville and Grapevine are referred to herein as
individually as a “Party” and collectively as the “Parties” herein.
RECITALS
WHEREAS, the Parties desire to execute this Interlocal Agreement pursuant to the
Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, as amended;
and
WHEREAS, the Interlocal Cooperation Act authorizes governmental entities to enter into
Interlocal cooperation agreements for administrative and governmental functions and
services; and
WHEREAS, the Parties shall make payments for the performance of governmental
functions or services under this Agreement from current revenues then available to the
paying Party; and
WHEREAS, the Parties previously entered into an Interlocal Agreement to install certain
public water facilities within their respective public rights-of-way along the Parties’
respective city limits, including an emergency water distribution system interconnection;
and
WHEREAS, the Parties desire to enter into this Interlocal Agreement to provide for the
Parties’ operating procedures and cost appropriation related to ongoing administration of
the Interconnection.
NOW, THEREFORE, for and in consideration of performance of the mutual covenants,
terms, and conditions set forth in this Agreement, the Parties agree as follows:
I.
PURPOSE
The purpose of this Agreement is to memorialize the Parties’ mutual covenants, terms
and conditions concerning the ongoing administration of the Interconnection, including
PAGE 2 INTERLOCAL AGREEMENT BETWEEN THE CITY OF COLLEYVILLE AND
THE CITY OF GRAPEVINE
adoption of standard operating procedures setting forth the Parties’ respective operations
and maintenance obligations related thereto.
II.
RESPONSIBILITIES OF THE PARTIES; COST APPORTIONMENT
2.1 Adoption of Standard Operating Procedures. The Parties hereby adopt the
Standard Operating Procedures (“SOP”) attached hereto as Exhibit A. The Parties agree
to at all times adhere to their respective obligations set forth in the SOP.
2.2 Cost Apportionment. Except as otherwise provided in the SOP or this Agreement,
each Party shall be solely responsible for its own costs associated with its performance
under this Agreement.
2.3 Rights-of-way. The Parties agree to provide necessary access to their respective
rights-of-way to carry out the purpose of this Agreement. Neither party shall be
responsible for acquiring additional rights-of-way, easements, or other property rights
wholly located outside of that Party’s incorporated limits. The Parties will designate a
single point of contact for managing right-of-way issues.
2.4 Parties to be Independent. It is understood and agreed by and between the Parties
that each, in satisfying the conditions of this Agreement, is acting independently, and that
neither assumes responsibility or liability to any third party in connection with these
actions. All work to be performed by the Parties pursuant to this Agreement shall be in
the capacity of an independent local governmental entity, and not as an agent or
employee of the other Party. Each Party shall supervise the performance of its own
personnel and shall be entitled to control the manner and means by which its work and
services are to be performed, subject to the terms of this Agreement.
III.
DISPUTE RESOLUTION; MEDIATION
3.1 Dispute Resolution. The Parties agree that the Parties will attempt to resolve
disputes relating to the Project and this Agreement in the following manner: (i) first the
Parties will meet to attempt resolution; (ii) if no resolution is achieved, the dispute will be
heard at a meeting of each Parties’ City Manager or designee; (iii) if no resolution is
achieved after the dispute is heard by the designated parties designees, then the dispute
will be heard by an independent mediator; and (iv) if no resolution is achieved after
meeting with a mediator, then the dispute will be resolved in the appropriate court. Either
Party may proceed directly to court if this dispute process would unduly delay or interfere
with the Party’s timely filing of one or more causes of action.
PAGE 3 INTERLOCAL AGREEMENT BETWEEN THE CITY OF COLLEYVILLE AND
THE CITY OF GRAPEVINE
3.2 Mediation. Should mediation occur, the Parties shall agree on the mediator to be
used and each Party agrees to equally share the cost for the mediator’s services. Each
Party is responsible for its own expenses related to mediation, including legal
representation.
IV.
TERM; TERMINATION
4.1 Term; Termination. The term of this Agreement shall be ongoing for so long as the
Interconnection is jointly administered by the Parties. This Agreement may be terminated
upon any one or more of the following events:
(a) by written mutual agreement of both Parties; or
(b) by either Party, after thirty (30) days written notice to the other Party, if for any
reason funds are not expressly and specifically allocated to cover each Party’s
prospective obligations under this Agreement in each Party’s approved budget
in any fiscal year subsequent to that in which each Party’s funds for this
Agreement were first allocated; provided, however, that in no event shall such a
termination be effective earlier than the last date for which the terminating Party’s
funds have already been so allocated under an existing approved budget; or
(c) by either Party in the event the other Party breaches any of the terms or
conditions of this Agreement and such breach is not cured within thirty (30)
calendar days after written notice thereof; provided however, if such breach
cannot reasonably be cured within such thirty calendar (30) day period, such
breaching Party shall be allowed additional time (not to exceed thirty (30)
additional calendar days) to cure such breach, so long as the breaching Party
begins the cure within the initial thirty (30) calendar days and diligently pursues
the cure to completion within sixty (60) calendar days after written notice of such
breach.
4.2 Rights Upon Termination. Upon expiration or termination of this Agreement for any
reason, the Parties shall retain ownership of their respective rights and obligations as set
forth herein. A full and final accounting of all funds, expenditures, and incurred, but not
paid, charges/expenses shall be completed and all remaining net balances and/or
remaining obligations owed hereunder shall be distributed and/or allocated accordingly
within thirty (30) days of termination of this Agreement.
V.
MISCELLANEOUS
5.1 Notice. Any notice required to be sent under this Agreement must be in writing and
may be served by depositing same in the United States Mail, addressed to the Party to
PAGE 4 INTERLOCAL AGREEMENT BETWEEN THE CITY OF COLLEYVILLE AND
THE CITY OF GRAPEVINE
be notified, postage pre-paid and registered or certified with return receipt requested, or
by delivering the same in person to such Party via a hand-delivery service, Federal
Express or any courier service that provides a return receipt showing the date of actual
delivery of same to the addressee thereof. Notice given in accordance herewith shall be
effective upon receipt at the address of the addressee. For purposes of notice, the
addresses of the Parties are as follows:
If to Colleyville, to: City Manager
Colleyville City Hall
100 Main St., 3rd Floor
Colleyville, TX 76034
If to Grapevine, to: City Manager
Grapevine City Hall
200 S. Main Street
Grapevine, TX 76051
5.2 Governing Law and Venue. The validity of this Agreement and any of its terms and
provisions as well as the rights and duties of the Parties shall be governed by the laws of
the state of Texas; and venue for any action concerning this Agreement shall lie
exclusively in the state district courts of Tarrant County, Texas. The Parties agree to
submit to the personal and subject matter jurisdiction of said courts.
5.3 Party Responsibility. To the extent allowed by law, and without waiving any
governmental immunity available to the Parties under Texas law, or any other defenses
the Parties are able to assert under Texas law, each Party agrees to be responsible for
its own negligent or otherwise tortious acts or omissions in the course of performance of
this Agreement. The covenants, obligations and liabilities of the Parties shall be several
and not joint or collective. Each Party shall be solely responsible for its own covenants,
obligations and liabilities herein. It is not the intention of the Parties to create, nor shall
this Agreement be construed as creating a partnership, association, joint venture or trust,
as imposing a trust or partnership covenant, obligation or liability on or with regard to
either Party.
5.4 Immunity. It is expressly understood and agreed that, in the performance of this
Agreement, neither Parties waive, nor shall be deemed hereby to have waived, any
immunity or defense that would otherwise be available to them against claims arising in
the exercise of governmental powers and functions. By entering into this Agreement, the
Parties do not create any obligations, express or implied, other than those set forth herein,
and this Agreement shall not create any rights in any persons or entities who are not
Parties to this Agreement. The Parties acknowledge and agree that their respective
PAGE 5 INTERLOCAL AGREEMENT BETWEEN THE CITY OF COLLEYVILLE AND
THE CITY OF GRAPEVINE
obligations under this Agreement constitute a governmental function pursuant to the
Texas Tort Claims Act, as amended.
5.5 Entire Agreement. This Agreement represents the entire agreement among the
Parties with respect to the subject matter covered by this Agreement. There is no other
collateral, oral or written agreement between the parties that in any manner relates to the
subject matter of this Agreement.
5.6 Exhibits. All exhibits to this Agreement are incorporated herein by reference for all
purposes wherever reference is made to the same. In the case of any conflict between
this Agreement and the Exhibits, this Agreement shall govern.
5.7 Recitals. The recitals to this Agreement are incorporated herein.
5.8 Amendment. This Agreement may only be amended by the mutual, written
agreement of both Parties.
5.9 Questions from the Public; Public Information Act Request. The Parties agree to
comply with Chapter 552 of the Texas Public Information Act when responding to requests
from the general public for information relating to the subject matter covered by this
Agreement.
5.10 Severability. In the event, any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any
respect, such invalidity, illegality, or unenforceability shall not affect the other provisions,
and the Agreement shall be construed as if such invalid, illegal, or unenforceable provision
had never been contained in this Agreement.
5.11 Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall be deemed an original and constitute one and the same instrument.
5.12 Assignment. Neither Party may assign, transfer, or otherwise convey this
Agreement without the prior written consent of the other Party.
5.13 Consents. Unless expressly stated otherwise, whenever the consent or the
approval of a Party is required herein, such Party shall not unreasonably withhold, delay,
or deny such consent or approval.
5.14 Survival of Covenants. Any of the representations, warranties, covenants, and
obligations of the Parties, as well as any rights and benefits of the Parties, pertaining to a
period of time following the termination of this Agreement shall survive termination.
PAGE 6 INTERLOCAL AGREEMENT BETWEEN THE CITY OF COLLEYVILLE AND
THE CITY OF GRAPEVINE
5.15 Source of Payment. Each Party paying for the performance of governmental
functions or services pursuant to this Agreement must make those payments from current
revenues available to the paying Party or from funds otherwise lawfully available to the
Party for use in the payment of the Party’s obligations pursuant to this Agreement.
5.16 Purchasing. The Parties agree to abide by all applicable competitive purchasing
laws in administering this Agreement.
5.17 Force Majeure. No Party shall be liable to any or all of the other Parties for any
failure, delay, or interruption in the performance of any of the terms, covenants, or
conditions of this Agreement due to causes beyond the Party’s respective control or
because of applicable law, including, but not limited to, war, nuclear disaster, strikes,
boycotts, labor disputes, embargoes, acts of God, acts of the public enemy, acts of
superior governmental authority, floods, riots, rebellion, sabotage, terrorism, or any other
circumstance for which a party is not legally responsible or which is not reasonably within
its power to control. The affected Party’s obligation shall be suspended during the
continuance of the inability then claimed, but for no longer period. To the greatest extent
possible, the Party shall endeavor to remove or overcome the inability claimed with all
reasonable dispatch.
5.18 Captions. The captions to various clauses of this Agreement are for informational
purposes only and in no way alter the substance of the terms and conditions of this
Agreement.
5.19 Authority to Execute. Both individuals executing this Agreement on behalf of their
respective Parties below represent to each other and to others that all of the appropriate
and necessary actions have been taken to authorize the individual who is executing this
Agreement to do so for and on behalf of the Party for which his or her signature appears.
Signature page to follow
PAGE 7 INTERLOCAL AGREEMENT BETWEEN THE CITY OF COLLEYVILLE AND
THE CITY OF GRAPEVINE
EXECUTED hereto on the date(s) shown below.
City of Grapevine, Texas
City of Colleyville, Texas
By: ___________________________
By: ___________________________
Bruno Rumbelow, City Manager
Jerry Ducay, City Manager
Attest:
Attest:
_______________________________ _______________________________
Tara Brooks
Grapevine City Secretary
Christine Loven
Colleyville City Secretary
APPROVED AS TO FORM:
APPROVED AS TO FORM:
_______________________________ ______________________________
_______________
City Attorney
Whitt L. Wyatt
City Attorney
LIST OF EXHIBITS
Exhibit A – Standard Operating Procedure
EXHIBIT A
STANDARD OPERATING PROCEDURE
WATER DISTRIBUTION SYSTEM INTERCONNECTION
(Roberts Road Improvements)
attached
Freese and Nichols, Inc. Engineers Environmental Scientists Architects
4055 International Plaza Suite 200 Fort Worth, Texas 76109-4895
(817) 735-7300 Metro (817) 429-1900 Fax (817) 735-7491
Page 1 of 3
INTERCONNECTION BETWEEN TWO PUBLIC WATER SYSTEMS
STANDARD OPERATING PROCEDURE for the ROBERTS ROAD INTERCONNECTION between the
CITY OF COLLEYVILLE and CITY OF GRAPEVINE, TX
NOVEMBER 18, 2020
This document describes the standard operating procedure to activate the emergency
interconnect located on Roberts Road between the cities of Colleyville and Grapevine. A
summary of the system, important components, maintenance information, and order of
operation is provided.
SYSTEM INFORMATION
The interconnection between the City of Colleyville and City of Grapevine is to be used for
emergency scenarios to provide water between the two cities. Both the City of Colleyville and
the City of Grapevine are able supply water through the interconnect. The emergency demand
for this system is a maximum of 2.0 million gallons a day (MGD). This interconnection is located
near the southeast corner of the intersection of Roberts Rd and Birch Ave.
The interconnection will consist of a magnetic flow meter, isolation valves, and sampling ports
housed in a concrete vault. The associated water line is 8” PVC pipe beyond the limits of the vault
and 8” ductile iron pipe within the vault. An 8” mag meter provides bi-directional flow
measurements and logs the flow data for local download and reporting. The receiving city will
take custody of the water at the location of the flow meter. Valves on both sides of the meter
are to be closed whenever an emergency water supply is not required.
MAINTENANCE INFORMATION
The City of Colleyville will be responsible for maintenance and operation of the water line,
including related appurtenances such fire hydrants and valves, from the interconnection meter
to the south of the vault. The City of Grapevine will be responsible for the operation and
maintenance of the water line and related appurtenances from the interconnection meter to the
north of the vault on Roberts Road. The two cities will have equal and shared ownership of the
meter vault. However, it will be the responsibility of the City of Colleyville to maintain the meter.
Both cities are permitted to access the meter vault for operation but must notify the other party
in advance. All other requirements outlined in the Interlocal Agreement between the City of
Colleyville and the City of Grapevine apply.
STANDARD OPERATING PROCEDURE for the ROBERTS ROAD INTERCONNECTION between the
CITY OF COLLEYVILLE and CITY OF GRAPEVINE, TX
NOVEMBER 20, 2020
Standard Operating Procedure – CLV19169
November 20, 2020
Freese and Nichols, Inc. Engineers Environmental Scientists Architects
4055 International Plaza Suite 200 Fort Worth, Texas 76109-4895
(817) 735-7300 Metro (817) 429-1900 Fax (817) 735-7491
Page 2 of 3
Bi-annual inspection and lubrication of all components is recommended. Valves should be
operated regularly and according to manufacturer recommendations to ensure proper
operation. Fire hydrants should follow routine maintenance as outlined in AWWA M17: M17 Fire
Hydrants: Installation, Field Testing, and Maintenance (5th edition). Fire hydrants should be
flushed for several minutes at least twice a year. 2-inch corporation stops are provided on either
side of the meter for chlorine residual sampling. If the flow measurements are unstable or the
meter sensor is displaying an error, recalibrate the sensor according the manufacturer’s
specifications or contact technical support.
IMPORTANT COMPONENTS
Referring to the plan sheets, important components include:
A. 8” Gate Valve 1 (outside vault)
B. 8” Gate Valve 2 (outside vault)
C. Two-way magnetic flow meter
D. 8” Gate Valve 1 (inside vault)
E. 8” Gate Valve 2 (inside vault)
F. Fire Hydrant Assembly 1 (Colleyville)
G. Fire Hydrant Assembly 2 (Grapevine)
H. 6” Gate Valve 1 (for FH assembly)
I. 6” Gate Valve 2 (for FH assembly)
J. 2” Corp Stop 1 (Colleyville)
K. 2” Corp Stop 2 (Grapevine)
L. 8” Removable DI Spool Piece
STANDARD OPERATING PROCEDURE
The standard operating procedure established below should be followed to activate the
emergency interconnection. If Grapevine is providing water to the City of Colleyville, the
Operating Procedure for the emergency interconnection shall be as follows:
1. Ensure the 8” Gate Valve “B” on Birch Avenue is open
2. Open the 8” Gate Valve “E” inside the meter vault
3. Open the 8” Gate Valve “D” inside the meter vault
4. Open the 6” Gate Valve “I” that is part of fire hydrant assembly on Grapevine’s side of
the interconnect
5. Flush the water line from through Fire Hydrant “G” for at least five (5) minutes
6. Close the 6” Gate Valve “I”
7. Use Corp Stop “J” to take any necessary water samples
8. With the interconnection now open, verify the magnetic flow meter “C” is correctly
reading the flow according to the manufacturer’s preferred operating procedure
Standard Operating Procedure – CLV19169
November 20, 2020
Freese and Nichols, Inc. Engineers Environmental Scientists Architects
4055 International Plaza Suite 200 Fort Worth, Texas 76109-4895
(817) 735-7300 Metro (817) 429-1900 Fax (817) 735-7491
Page 3 of 3
If Colleyville is providing water to the City of Grapevine, the Operating Procedure order to
activate the emergency interconnection shall be as follows:
1. Ensure the 8” Gate Valve “A” on Roberts Road is open
2. Open the 8” Gate Valve “D” inside the meter vault
3. Open the 8” Gate Valve “E” inside the meter vault
4. Open the 6” Gate Valve “H” that is part of fire hydrant assembly on Colleyville’s side of
the interconnect
5. Flush the water line from through Fire Hydrant “F” for at least five (5) minutes
6. Close the 6” Gate Valve “H”
7. Use Corp Stop “K” to take any necessary water samples
8. With the interconnection now open, verify the magnetic flow meter “C” is correctly
reading the flow according to the manufacturer’s preferred operating procedure
When the interconnection is not needed, the deactivation process shall be as follows:
1. Open the 6” Gate Valves “H” and “I” that are part of fire hydrant assembly
2. Close 8” Gate Valves “D” and “E”
3. Close the 6” Gate Valves “H” and “I”
4. If the interconnection meter will not be used for a period, replace the magnetic flow
meter “C” with an 8” Removable DI Spool Piece
FH
FL=599.64
15"RCP
FL=601.49
15"RCP
GV
GV
GV
LP
MB 5313
W/10 MAILBOXES
MB STAND
VAULT
VERIZON
SPEED LIMIT SIGN
SIGN
STOP
TRAFFIC SIGN
SIGN
TRAFFIC
TRAFFIC SIGN
SIGN
TRAFFIC
SIGN
STOP
TRAFFIC SIGN
SIGN
STOP SIGN
STOP
SIGN
TRAFFIC
STOP SIGN
FL W 6"PVC=595.77
FL S 6"PVC=595.63
FL N 6"PVC=595.73
SSMH RIM=602.26
FL W 6"PVC=618.28
SSMH RIM=622.73
TEL
TEL
ENTERPRISE 9800
SW BELL SIGN
ENTERPRISE 9800
SW BELL SIGN
CALL 811
AT&T SIGN
CALL 811
ATT SIGN
1-866-322-8667
ATMOS SIGN
WM
WM
WM
WM
WV TN=601.72
WV TN=611.26
WV TN=618.31
WV TN=617.85
VAULT
VERIZON
ROCK ENTRYWAY
BRICK AND
VAULT
VERIZON
ROCK ENTRYWAY
BRICK AND
ROCK ENTRYWAY
BRICK AND
ROCK ENTRYWAY
BRICK AND
AND 2'X2' COLUMNS
6'STONE WALL W/WOOD
STONE RETAINING WALL 6'BRICK WALL
P.R.T.C.T.
CABINET A. SLIDE 823
7.5' UTILITY EASEMENT
P.R.T.C.T.
CABINET A. SLIDE 823
7.5' UTILITY EASEMENT
P.R.T.C.T.
CABINET A, SLIDE 65
10' BUILDING LINE
P.R.T.C.T.
CABINET A, SLIDE 47
15' BUILDING LINE
P.R.T.C.T.
CABINET A, SLIDE 47
15' BUILDING LINE
PP
PP
PP
PP
AT&T TEL
TEL
PP
15' BUILDING LINE
EX. 8" WL EX. 8" WL EX. 8" WL
EX. 6" SSEX. 6" SS13+00
BIRCH AVE.
3201 BIRCH AVE.
3201
BIRCH AVE.
3201
FAIR OAKS DR
4224
FAIR OAKS DR
4228
BIRCH AVE
3200
BIRCH AVE.
3125
ROBERTS RD
5317
FOX GLEN DR
3509
ROBERTS RD
5313
GV
GV
GV
S
S
W W
W
W
S
120+00 121+00 122+00 123+00 124+00 125+0010+0011+0020+00 21+00 22+00
23+00 24+00
SEQ.
SHEETNO.ISSUESVERIFY SCALE01BYDATEF&N JOB NO.CLV19169DATEDESIGNEDDRAWNREVISEDCHECKEDFILE NAMESOP_Exhibit01.shtTEXAS REGISTERED ENGINEERING FIRM F-2144FREESE AND NICHOLS, INC.ROBERTS ROADNOT FOR CONSTRUCTIONDATE:THIS DOCUMENT IS RELEASED FOR THEPURPOSE OF INTERIM REVIEW UNDER THEAUTHORITY OFTEXAS NO:IT IS NOT TO BE USED FOR CONSTRUCTION,BIDDING OR PERMIT PURPOSES.118857this sheet, adjust scale.drawing. If not one inch onBar is one inch on originalSEP 2020CITY OF COLLEYVILLEDate:Plotter:$ACCOUNT$Nov. 20, 2020 - 01:38:45 PMJ:\Plotdrv_V8.11\PDF_File\PDF-Mono.pltcfg07353N:\IF\Exhibit\SOP\SOP_Exhibit01.sht40.000 ' / in.Plot Scale:MicroStation V8 User:Date: Nov. 20, 2020 - 01:38:45 PM User:07353 File:CLV19169On SiteOffice:On SiteOffice:N:\IF\Exhibit\SOP\SOP_Exhibit01.shtProject:Freese and Nichols, Inc. - True Type Fonts$MODEL$Model:MITCH AITON, P.E.SEP 20200
VERTICAL SCALE
40'20'0 10'
HORIZONTAL SCALE
4'2'8'NMASSMACIVILSTANDARD OPERATING PROCEDUREEXHIBIT ISHEET 1
A
NOTES BY SYMBOL " "
B
8" GATE VALVE 2 (OUTSIDE VAULT) (GRAPEVINE)
8" GATE VALVE 1 (OUTSIDE VAULT) (COLLEYVILLE)
A
BFOX GLEN DRBIRCH AVEROBERTS RD
COLLEYVILLE
CITY OF
GRAPEVINE
CITY OF
COLLEYVILLE
CITY OF
GRAPEVINE
CITY OF
ROBERTS RD
EXISTING ROW
EXISTING ROW
EXISTING ROW
EXISTING ROW
EXISTING ROW
℄ ROBERTS RD (
EXISTING ROW
8" WL
PROPOSED
8' MINEXISTING ROW
EXISTING ROW
CITY LIMIT LINE
COLLEYVILLE / GRAPEVINE
CITY LIMIT LINE
COLLEYVILLE / GRAPEVINE
EXISTING ROW
DRAIN LINE
PROPOSED STORM
DROP INLET
PROPOSED SD
8" WL
PROPOSED
BACK OF CURB
PROPOSED
BACK OF CURB
PROPOSED
℄ ROBERTS RD (12.00'12.00'CITY OF GRAPEVINE
STA. 122+01.56
AND GROUTED
TO BE ABANDONED
EXISTING WATERLINE
EXISITNG 8" WL TO REMAIN IN SERVICE
(FIELD VERIFY)
WATER SERCIVE LINE (RE: WD-06)
RECONNECT EXISTING 1"
STA. 24+00.82, 29.21' LT
6" GATE VALVE
CONNECT TO EXISTING
1 - 6" SOLID SLEEVE 34 LF
INSTALL:
OFF. 2.45' LT
BL01 STA. 123+75.03
1-8"x8" MJ TEE
1-8" GATE VALVE
INSTALL:
OFF. 26.75' RT
BL01 STA. 123+75.69
WL 1 PI STA. 24+00.82 =
6" WATER LINE
CONNECT TO EXIST
1 - 6" GATE VALVE
8" X 6" REDUCER
INSTALL:
OFF. 39.81' RT
BL01 STA. 123+75.98
CONNECT TO EXIST 8" WL
OFF. 10.97' LT
BL01 STA. 120+35.05
WL 1 POT STA. 20+51.59 =
~22 LF WL
WATER SERVICE METER
RECONNECT EXISTING
OFF 6.00' RT
BL01 STA. 120+52.64
WL 1 STA. 20+69.18 =
INSTALL 8"x8" TEE
OFF. 6.00' RT
BL01 STA. 120+35.05
WL 1 POT STA. 20+51.59 =
SEWER LINE CROSSING
EXISTING 6" SANITARY
OFF. 6.00' RT
BL01 STA. 119+94.97
WL 1 POT STA. 20+11.52 =
~22 LF WL
WATER SERVICE METER
RECONNECT EXISTING
OFF 6.00' RT
BL01 STA. 119+51.86
WL 1 STA. 19+68.41 =
INSTALL: 1-45° ROLLED BEND LT
OFF. 26.75' RT
BL01 STA. 122+62.00
WL 1 PI STA. 22+87.13 =
INSTALL: 1-45° BEND RT
OFF. 6.00' RT
BL01 STA. 122+41.25
WL 1 PI STA. 22+57.79=
1-8"x6" MJ TEE
1-GATE VALVE
INSTALL: 1-FH ASSEMBLY
BL01 STA. 122+89.00, 26.75' RT
WL 1 POT STA. 23+14.11 =
1-8"x6" MJ TEE
1-GATE VALVE
INSTALL: 1-FH ASSEMBLY
BL01 STA. 122+67.00, 26.75' RT
WL 1 POT STA. 22+92.13 =
8" GATE VALVE "B"
STA 24+00
INSTALL 8" GATE VALVE
OFF. 6.00' RT
BL01 STA. 120+57.45
WL 1 POT STA. 20+73.99 =
8" GATE VALVE "A"
REFERENCE SHEET 2
METER VAULT
INSTALL: 1-PROPOSED 6'x12'
OFF. 26.75' RT
BL01 STA. 122+78.00
WL 1 POT STA. 23+03.13=
11.5"
2'-6"
13.8"11.5"
2'-6"
40"40"4'-0"±2'-0"±12'-0"
1'-0"1'-0"3'-0"4'-0"3" (MAX.)
2'-9"± (TYP.)
12'-0"
1'-6"1'-6"
SEQ.
SHEETNO.ISSUESVERIFY SCALE01BYDATEF&N JOB NO.CLV19169DATEDESIGNEDDRAWNREVISEDCHECKEDFILE NAMESOP_Exhibit02.shtTEXAS REGISTERED ENGINEERING FIRM F-2144FREESE AND NICHOLS, INC.ROBERTS ROADNOT FOR CONSTRUCTIONDATE:THIS DOCUMENT IS RELEASED FOR THEPURPOSE OF INTERIM REVIEW UNDER THEAUTHORITY OFTEXAS NO:IT IS NOT TO BE USED FOR CONSTRUCTION,BIDDING OR PERMIT PURPOSES.118857this sheet, adjust scale.drawing. If not one inch onBar is one inch on originalSEP 2020CITY OF COLLEYVILLEDate:Plotter:$ACCOUNT$Nov. 20, 2020 - 03:28:46 PMJ:\Plotdrv_V8.11\PDF_File\PDF-Mono.pltcfg07353N:\IF\Exhibit\SOP\SOP_Exhibit02.sht2.000 ' / in.Plot Scale:MicroStation V8 User:Date: Nov. 20, 2020 - 03:28:46 PM User:07353 File:CLV19169On SiteOffice:On SiteOffice:N:\IF\Exhibit\SOP\SOP_Exhibit02.shtProject:Freese and Nichols, Inc. - True Type Fonts$MODEL$Model:MITCH AITON, P.E.SEP 2020 MASSRMOCIVILC
NOTES BY SYMBOL " "
D
E
F
G
H
I
J
K
1
METER VAULT
SIDE SECTION VIEW
D E
C
G
F
FLOOR EL 606.84
D
C
E
H
F
TO DRAINGRADE 1
METER VAULT
TOP SECTION VIEW
I
G
OF VAULT BASE
OUTSIDE EDGE
8" WL
VAULT STRUCTURE
OUTSIDE FACE OF VALVE
8" WL
6" WL
6" WL
METER
MAG
2-WAY
(MIN.)
12
1
12
NG=616.5
(MIN.)1
BACKFILL
EARTH
STRUCTURAL
COMPACTED
GRADE TO DRAIN
1
1
1
1
(RE: 4/WD-01)
4'x6' ACCESS HATCH
GRADE (TYP.)
MATCH EXIST
TOP EL 610.91
UNDISTURBED SOIL
STONE (OR APPROVED EQUAL)
NCTCOG GRADE 1, CRUSHED
6" OF COMPACTED FLEXBASE.
WITH FLOWABLE FILL.
BACKFILL BELOW PIPES
TOP EL 610.91
ONSITE SOIL CAP (TYP.)
PROVIDE 12" THICK
SOIL
12" TOP
6.
5.
4.
3.
2.
1.
NOTES:
BACKFILL
EARTH
STRUCTURAL
COMPACTED
(RE: 2/WD-01)
(IN FLOOR)
(RE: 2/WD-01)
(IN FLOOR)N.T.SN.T.S.
N.T.S.
NOT IN SERVICE (RE: 3/WD-01).
REPLACE METER WHEN INTERCONNECT IS
PROVIDE A REMOVABLE SPOOL PIECE TO
CONTRACTOR SHALL PURCHASE AND
STRUCTURE IS MAINTAINED.
POSITIVE DRAINAGE AWAY FROM THE
ABOVE FINISHED GRADE, SUCH THAT
TOP OF VAULT MUST BE A MINIMUM OF 1"
EXCAVATION.
BEYOND LIMITS OF REQUIRED STRUCTURAL
ONSITE SOIL CAP SHALL EXTEND 1'-6"
A NON-PAY ITEM.
FABRICATION. THIS WILL BE CONSIDERED
MANUFACTURER PRIOR TO PRECAST
DELIVER THE ACCESS HATCH TO THE VAULT
CONTRACTOR SHALL PURCHASE AND
TWO (2) SPARE KEY WRENCH HANDLES.
EQUAL. MANUFACTURER SHALL PROVIDE
A RECESSED PADLOCK HASP, OR APPROVED
#JD-3ALH20 WITH KEY WRENCH HANDLE AND
ACCESS HATCH SHALL BE A BILCO MODEL
AND VALVES CARBON BLACK.
CONTRACTOR TO PAINT EXPOSED PIPING
ALL PIPING SHALL BE DUCTILE IRON PIPE.STANDARD OPERATING PROCEDUREEXHIBIT IISHEET 2
J
J
K
K
2" CORP STOP 2 (GRAPEVINE)
2" CORP STOP 1 (COLLEYVILLE)
6" GATE VALVE 2 (FOR FH ASSEMBLY)
6" GATE VALVE 1 (FOR FH ASSEMBLY)
FIRE HYDRANT ASSEMBLY (GRAPEVINE)
FIRE HYDRANT ASSEMBLY (COLLEYVILLE)
8" GATE VALVE 2 (INSIDE VAULT)
8" GATE VALVE 1 (INSIDE VAULT)
2-WAY MAGNETIC FLOW METER
City of Colleyville Page 1
City of Colleyville
City Council
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
www.colleyville.com
Agenda Number 3a Agenda Date 3/2/2021 Number Ordinance O-21-2156
Type Ordinance
Department Community Development
Title
Consideration of a zoning change from PUD-R Planned Unit Development-Residential
zoning district to AG Agricultural zoning district on Lot 1R, Block A, Eubank Addition,
located at 311 W. Glade Road, Case ZC21-001
Strategic Plan
4.1 Protect Colleyville's semi-rural residential character
Explanation
First Reading and Public Hearing
Russell Eubank, the applicant, has submitted a request for a zoning change on Lot 1R,
Block A, Eubank Addition, being approximately 4.017 acres, and zoned PUD-R Planned
Unit Development - Residential. The purpose is to rezone from the PUD-R Planned Unit
Development - Residential district to the AG Agricultural district. There are no new lots
proposed.
Existing Conditions/Background: The subject property, 311 W. Glade Road, resides
on the south side of W. Glade Road near the city boundary with the City of Hurst. The
subject property has PUD-R zoning and is currently developed with a single family
home and two accessory buildings.
Proposed Zoning:
Request– The applicant requests to rezone the property from PUD-R to AG zoning. The
minimum standards for the AG zoning district are as follows:
Minimum Lot Size 130,680 s.f. 174,981 s.f.
Minimum Lot Width 200 ft. Approx. 212 ft.
Minimum Lot Depth 300 ft. Approx. 618 ft.
Front Building Line 40 ft.
Side Building Line 25 ft.
Rear Building Line 40 ft.
City Council Agenda Briefing 3a
City of Colleyville Page 2
Max. Lot Coverage 20%
Max. Impervious Coverage 50%
Analysis: The current size of the property does comply with all the minimum
standards of the AG Agricultural zoning. The property will continue as a single family
use with a future greenhouse accessory building.
Plat Status: The property is platted as Lot 1R, Block A, Eubank Addition.
DRC Review: The DRC reviewed the request during their January 19, 2021 meeting
and determined the application was complete and may be scheduled for the next
available Planning and Zoning Commission meeting.
Drainage: NA
Surrounding Development: The properties to the south and west are zoned PUD-R
Planned Unit Development - Residential and improved with single-family residences.
The property to the east is zoned PUD-R Planned Unit Development – Residential
zoning and is owned by the City of Colleyville. It is part of the Colleyville Nature
Center, has a pond, and is used as a park. The properties to the north are zoned R-40
Single Family Residential district and are improved with single-family residences.
Comprehensive Plan: The City’s comprehensive plan, Destination Colleyville,
identifies the subject property for single-family residential development. The proposed
AG zoning does not conflict with any portion of the comprehensive plan.
Public Notification: Staff mailed notices to all property owners within 500 feet as well
as any Homeowners Associations within 1,000 feet of the subject property regarding
this request. Grapevine-Colleyville ISD, where the subject property is located, was
notified per State law. Notice was published in the Fort Worth Star-Telegram as
required by State law and the Land Development Code.
Staff Recommendation: Staff recommends approval of the request. The proposed
zoning meets the intent of the residential designation assigned in the Destination
Colleyville comprehensive plan.
Planning and Zoning Commission Recommendation: The Planning and Zoning
Commission recommended approval at their February 8, 2021 meeting by a vote of 6-
0.
Financial Impact
There is no financial impact to the City.
City Council Agenda Briefing 3a
City of Colleyville Page 3
Recommendation
Approve
Attachments
1.Aerial Map
2.Zoning Map
3.Future Land Use Map
4.Zoning Exhibit
5.Notification Map
6.Notification List
7.Property Owner Notification
8.Ordinance O-21-2156
101
405
3112 101
311
406
3104
4712
308
4710
3108
401
305
4708
3100
501
310
4714
304
312
308
W GLADE ROAD
Aerial Map
DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist.
ZC21-001 K311 W Glade Road
Subject Property
4702
101
405
3111
216
3112
101
3103
300
301311
406
3104
4712 4709
220
4704
308
4710
513
3108
304
401
4705
218
305305
4708
505
500504
3107
4706
3100
501
310
216
509
4714
4707
304
508 312
101
308
R IV ER BEND DRIVESOPHIE LANE
MILLCROSSI
NGWW GLADE ROAD
PUD-R
PUD-R
AGAG
R-40
PUD-R
R-40R-40
Zoning Map
DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist.
ZC21-001 K311 W Glade Road
Subject Property
101
405
3112 101
300
311
406
3104
4712 4709
220
4704
308
4710
3108
304
401
305
305
4708
4706
501
310
4714
4707
304
312
308
MILLCROSSINGWW GLADE ROAD
Future Land Use Map
DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist.
ZC21-001 K311 W Glade Road
Subject Property
Residential
Open Space; Parks
Zoning Exhibit
4702
516
4603
101
5000
405
216
4904
520
521
3112
101
3103
300
301
205
4701
311
406
213
204
3104
4712 4709
220
4800
4600
4912
4704
4916
308
4710
212513
209
46053108
304
517
401
512
4705
218
305305
208
217
4708
4900
505
4908
500504
3107
47034706
3100 4700
4706
501
310
216
509
4714 4802
4707 4702
304
508
4704
4601
312
4701
101
308
4700
200
W GLADE ROAD
MILLVIEWDRIVEMILLWOODDRIVE
SOPHIE LANE ROCKRIMMONCOURTBILLS LANEMILLC
ROS
S
I
NGW
Notification Map
DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist.
ZC21-001 K311 W Glade Road
Subject Property
500ft Buffer
Properties within 500ft
Owner Name Owner Address Owner City Owner Zip Situs Address
BEAM, LAURA 4702 MILL CROSSING W COLLEYVILLE, TX 76034 4702 MILL CROSSING W
COLLEYVILLE, CITY OF 100 MAIN ST COLLEYVILLE, TX 76034 101 MILL WOOD DR
EUBANK, RUSSELL 311 W GLADE RD COLLEYVILLE, TX 76034 405 W GLADE RD
HOPKINS, LINDSEY Y 3111 RIVER BEND DR HURST, TX 76054 3111 RIVER BEND DR
DORMANN, NATHAN 3112 RIVER BEND DR HURST, TX 76054 3112 RIVER BEND DR
COLLEYVILLE, CITY OF 100 MAIN ST COLLEYVILLE, TX 76034 101 MILL WOOD DR
GOWANI, ALI 1002 WINSTON DR EULESS, TX 76039 3103 RIVER BEND DR
315 W GLADE RD
BORDOVSKY, JARED 300 MILL XING W COLLEYVILLE, TX 76034 300 MILL CROSSING W
COCKERHAM, JOHN T 301 MILL XING W COLLEYVILLE, TX 76034 301 MILL CROSSING W
EUBANK, RUSSELL 311 W GLADE RD COLLEYVILLE, TX 76034 311 W GLADE RD
ZAFAR, KHALID PO BOX 1171 COLLEYVILLE, TX 76034 406 W GLADE RD
HIX, RICHARD 3104 RIVER BEND DR HURST, TX 76054 3104 RIVER BEND DR
UNDERWOOD, MAX B 4712 MILL XING W COLLEYVILLE, TX 76034 4712 MILL CROSSING W
KARELS, JERRY D 4709 MILL CROSSING W COLLEYVILLE, TX 76034 4709 MILL CROSSING W
EDWARDS, GARY M 220 W GLADE RD COLLEYVILLE, TX 76034 220 W GLADE RD
BARNARD, BRITT 4704 MILL XING W COLLEYVILLE, TX 76034 4704 MILL CROSSING W
CARROLL, PEYTON 308 W GLADE RD COLLEYVILLE, TX 76034 308 W GLADE RD
WALSH, BRIAN J 4710 MILL CROSSING W COLLEYVILLE, TX 76034 4710 MILL CROSSING W
ROSS, MICHAEL D 513 SOPHIE LN COLLEYVILLE, TX 76034 513 SOPHIE LN
OMEARA, STEPHEN 3108 RIVER BEND DR HURST, TX 76054 3108 RIVER BEND DR
WILKERSON, PATRICIA 26 SHADOWBROOK LN HURST, TX 76053 304 W GLADE RD
EUBANK, RUSSELL 311 W GLADE RD COLLEYVILLE, TX 76034 401 W GLADE RD
DENTON, MICHAEL 4705 MILL CROSSING W COLLEYVILLE, TX 76034 4705 MILL CROSSING W
ALLISON, L STEWART 305 MILL XING W COLLEYVILLE, TX 76034 305 MILL CROSSING W
COLLEYVILLE, CITY OF 100 MAIN ST COLLEYVILLE, TX 76034 305 W GLADE RD
SNOW, JOSEPH M 4708 MILL XING W COLLEYVILLE, TX 76034 4708 MILL CROSSING W
BEETER, LANA 505 SOPHIE LN COLLEYVILLE, TX 76034 505 SOPHIE LN
WILLIAMS, GARY N 500 SOPHIE LN COLLEYVILLE, TX 76034 500 SOPHIE LN
PANUTHOS, THOMAS A 504 SOPHIE LN COLLEYVILLE, TX 76034 504 SOPHIE LN
WASLASKI, JAMES 3107 RIVER BEND DR HURST, TX 76054 3107 RIVER BEND DR
BUSH, MATTHEW B 4706 MILL CROSSING W COLLEYVILLE, TX 76034 4706 MILL CROSSING W
AMES, JOHN 3100 RIVER BEND DR COLLEYVILLE, TX 76034 3100 RIVER BEND DR
ABBASSI, HYTHAM F 501 SOPHIE LN COLLEYVILLE, TX 76034 501 SOPHIE LN
MORRIS, JEFFREY D 1122 SMITH RD ROCKWALL, TX 75032 310 GLADE RD
CARR, DONALD E 509 SOPHIE LN COLLEYVILLE, TX 76034 509 SOPHIE LN
ALVIS, GREGORY W 4714 MILL XING W COLLEYVILLE, TX 76034 4714 MILL CROSSING W
HOOPER, RANDALL 4707 MILL XING W COLLEYVILLE, TX 76034 4707 MILL CROSSING W
WILSON, SUSAN 304 MILL CROSSING W COLLEYVILLE, TX 76034 304 MILL CROSSING W
ERBEN, HENRY R 312 W GLADE RD COLLEYVILLE, TX 76034 312 W GLADE RD
COLLEYVILLE, CITY OF 100 MAIN ST COLLEYVILLE, TX 76034 101 MILL WOOD DR
STAATS, GARY 308 MILL XING W COLLEYVILLE, TX 76034 308 MILL CROSSING W
ROCKRIMMON 4925 ROCKRIMMON COLLEYVILLE, TX 76034 COURTESY NOTICE
MILL CREEK ADDN-COLLEYVILLE COLLEYVILLE, TX 76034 COURTESY NOTICE
CITY OF HURST 1505 PRECINCT LINE ROAD HURST, TX 76054 COURTESY NOTICE
BIRDVILLE ISD 6125 E BELKNAP ST HALTOM CITY, TX 76117 STATE REQUIRED
GRAPEVINE COLLEYVILLE ISD 3051 IRA E WOODS AVE GRAPEVINE, TX 76051 STATE REQUIRED
EUBANK, RUSSELL 311 W GLADE RD COLLEYVILLE, TX 76034 311 W GLADE RD
Public hearing notices were mailed on January 22, 2021
Notification List
NOTICE OF PUBLIC HEARING
«Owner_Name»
«Owner_Address»
«Owner_City» «Owner_Zip»
The City of Colleyville has scheduled public hearings concerning the below referenced request on the
following dates and location:
Planning and Zoning Commission Meeting: Monday, February 8, 2021 at 7:00 p.m.
City Council Meetings: Tuesday, March 2, 2021 & Tuesday, March 23, 2021 at 7:30 p.m.
3rd floor of City Hall, 100 Main Street, Colleyville, Texas
Request: Consideration of a zoning change from PUD-R Planned Unit
Development-Residential zoning district to AG Agricultural zoning
district. The purpose is to rezone the property from PUD-R Planned Unit
Development-Residential to AG Agricultural in order to maintain the
property as a large single-family residential lot. No new lots are proposed.
Zoning Case: ZC21-001 Applicant: Russell Eubank Owner: Russell Eubank Location: 311 W. Glade Road Property Description: Lot 1R, Block A, Eubank Addition Present Zoning: PUD-R Planned Unit Development-Residential This notice has been sent to all owners of real property within 500 feet of the request as such ownership appears on the last approved tax roll and all homeowners associations within 1000 feet. Approval by the Planning and Zoning Commission serves as a recommendation to the City Council and is not a final action on the request. Denial of the proposal by the Commission is final, unless the applicant submits a written notice of appeal within 10 days from the date of action by the Commission. If appealed, the request will be placed on the next available City Council agenda as listed above. Rezoning requests, zoning amendments and conditions recommended by the Commission for approval by the City Council may be more restrictive than those described in this notice.
All interested persons are encouraged to attend the public hearing and express their opinions on the zoning
change request. If you are unable to attend, but wish to have your opinions made a part of the public record,
please submit written comments prior to the public hearing, to the address below:
Community Development Department
City of Colleyville
100 Main Street
Colleyville, TX 76034
NOTICE OF PUBLIC HEARING
If the property owners of 20% or more of the land within the 200 foot notification area file a written protest
prior to the public hearing, State law provides that the approval of the zoning change request shall require
the approval of a super majority vote by City Council.
The application is on file for public examination in the Community Development Department at 100 Main
Street, Colleyville, Texas 76034. A brief project description can be found online on the Active Development
Case map:
https://www.colleyville.com/government/departments-a-l/community-development/active-development-cases
For additional information, please contact the Community Development Department at 817.503.1056.
Please reference the zoning case number when requesting information.
Jacquelyn Reyff
Principal Planner
jreyff@colleyville.com
ORDINANCE O-21-2156
AMENDING THE ZONING ORDINANCE AND OFFICIAL ZONING MAP
OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE ZONING
ON APPROXIMATELY 4.017 ACRES BEING LOT 1R, BLOCK A, IN THE
EUBANK ADDITION, LOCATED AT 311 W. GLADE ROAD, FROM THE
PUD-R PLANNED UNIT DEVELOPMENT – RESIDENTIAL TO THE AG
AGRICULTURAL DISTRICT; PROVIDING A PENALTY OF FINE NOT TO
EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00); AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of Colleyville has received an application for a rezoning
of the property from PUD-R Planned Unit Development -
Residential to AG Agricultural district for Case No. ZC21-001;
and
WHEREAS, the City of Colleyville deems it necessary, for the purpose of
promoting the health, safety, morals, or general welfare of the
City to amend the City’s zoning ordinance; and
WHEREAS, the Planning and Zoning Commission, has given reasonable
consideration to, among other things, the character of the City’s
zoning districts and their peculiar suitability for particular uses,
with a view to conserving the value of buildings and encouraging
the most appropriate use of land throughout the City; and
WHEREAS, the City Council is of the opinion that the change in zoning
provided for herein should be made, in compliance with the City
Charter, and state law with reference to changes to zoning
classifications under the City’s zoning ordinance and zoning map,
having given the requisite notices required by law and having
held public hearings affording all interested persons and
property owners a full and fair opportunity to be heard.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF COLLEYVILLE, TEXAS:
Sec. 1. THAT the Comprehensive Zoning Ordinance of the City of
Colleyville, Texas, be, and the same is hereby amended by
authorizing a change in the zoning from PUD-R Planned Unit
Development – Residential to AG Agricultural district on 4.017
acres, being Lot 1R, Block A, of the Eubank Addition, located at
311 W. Glade Road, as depicted on the attached as Exhibit “A”.
Ordinance O-21-2156
Page 2 of 3
Sec. 2. THAT the above described tract of land shall be used only in the
manner and for the purposes provided by the Comprehensive
Zoning Ordinance of the City of Colleyville as heretofore amended,
and as amended herein.
Sec. 3. THAT the above described tract of land shall be subject to the
following conditions:
1. As depicted in the attached Exhibit “A” and Exhibit “B”.
Sec. 4. THAT any person, firm, or corporation violating any of the
provisions or terms of this ordinance shall be subject to the same
penalty as provided for in the Comprehensive Zoning Ordinance of
the City of Colleyville, and upon conviction shall be punishable by
a fine not to exceed the sum of Two Thousand Dollars
($2,000.00) for each offense.
Sec. 5. THAT if any section, paragraph, subdivision, clause, phrase or
provision of this ordinance shall be judged invalid or
unconstitutional, the same shall not affect the validity of this
ordinance as a whole or any portion thereof other than that portion
so decided to be invalid or unconstitutional.
Sec. 6. THAT in addition to and accumulative of all other penalties, the
City shall have the right to seek injunctive relief for any and all
violations of this ordinance.
Sec. 7. THAT this ordinance shall take effect immediately from and after
its passage subject to the publication of the caption, as the law or
charter in such cases may provide.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the 2nd day of March
2021.
The second reading and public hearing being conducted on the 23rd day of
March 2021.
Ordinance O-21-2156
Page 3 of 3
PASSED AND APPROVED BY A VOTE OF AYES, NAYS, ON THIS
THE 23RD DAY OF MARCH 2021.
Mayor Richard Newton Mayor Pro Tem Bobby Lindamood
Place 1, Tammy Nakamura Place 5, Chuck Kelley
Place 3, Kathy Wheat Place 6, Callie Rigney
Place 4, George Dodson
ATTEST: CITY OF COLLEYVILLE
Christine Loven, TRMC Richard Newton
City Secretary Mayor
APPROVED AS TO FORM:
Whitt Wyatt
City Attorney
Exhibit “A”- Zoning Map
Exhibit “B”- Zoning Exhibit
City of Colleyville Page 1
City of Colleyville
City Council
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
www.colleyville.com
Agenda Number 3b Agenda Date 3/2/2021 Number Ordinance O-21-2157
Type Ordinance
Department Community Development
Title
Consideration of amendments to Chapter 3, Section 3.28 – Supplementary District
Regulations of the Land Development Code specific to parking and storage of vehicles
to include recreation vehicles, commercial vehicles, and junked/abandoned vehicles
Strategic Plan
4.3 Adopt best-practice planning and development processes
Explanation
First Reading and Public Hearing
The City Council discussed the parking and storage of recreational vehicles, commercial
vehicles, and junked/abandoned vehicles at their September 1, 2020 Worksession
meeting. The Council expressed a desire to amend the existing regulations found
within the Land Development Code to protect the neighbors from the unsightly parking
and storage of such vehicles. The proposed amendments will clarify the location on
residential property where such vehicles can be parked as well as screening
requirements when visible from a right-of-way or adjacent residence.
The Planning and Zoning Commission recommended approval with minor changes as
presented at their October 12, 2020 meeting by a vote of 5-0.
Staff presented the proposed regulations to the City Council at the November 2, 2020
and December 15, 2020 Worksessions in order to review the changes to make sure it
was in-line with the Council’s desires.
Financial Impact
There is no financial impact to the City.
Recommendation
Approve
Attachments
1.Draft LDC Code Language - Parking of RVs and Commercial Vehicles
2.Ordinance O-21-2157
MUNICIPAL CODE {For Reference}
Chapter 2 – BUSINESSES
ARTICLE V. - WRECKERS AND WRECKER SERVICES
DIVISION 1. - GENERALLY
Sec. 22-111. - Definitions.
Parking facility means any public or private property used, in whole or in part, for the
restricted and/or paid parking of vehicles. Such term includes but is not limited to
commercial parking lots, parking garages, and parking areas serving or adjacent to
businesses, churches, schools, homes and apartment complexes. It also includes a
restricted portion or portions of an otherwise unrestricted parking facility.
Chapter 94 - TRAFFIC AND VEHICLES
ARTICLE I. - IN GENERAL
Sec. 94-5. - Parking of certain commercial vehicles.
a) Unattended vehicles prohibited; exceptions. The parking of commercial vehicles
classified by the manufacturer as 1½-ton or larger capacity vehicles and other vehicles
larger than 1½-ton, unattended on any public roadway, front yard, side yard or back
yard in any residential zoned area within the city except for immediately loading or
unloading of cargo is hereby prohibited; provided that the parking of one vehicle
excluding all trailers in the rear yard of a lot of a total area of two acres or more shall
be allowed.
b) Trailers, inoperable vehicles prohibited. The parking of any trailer, including house
trailers and/or mobile homes, tractors, or inoperable vehicles, cars, trucks, or buses
that cannot be immediately or readily started or moved under their own power, and
including vehicles without current licenses and vehicles with wheels or other major
components removed or broken, upon any public roadway, or on any front yard area,
or side yard area (off driveways) in residential areas within the city is hereby
prohibited.
c) Removal and storage of vehicles authorized. The chief of police may, after the owner
of any vehicle found in violation of any part of this section has been served notice of
the violation, order the vehicle removed at the vehicle owner's expense and stored at
the vehicle owner's expense. If the owner of the vehicle is not available, the vehicle
may be removed and stored 48 hours after ticketed by the police department, at the
owner's expense.
(Code 1980, ch. 10, § 6)
LAND DEVELOPMENT CODE
Section 3.28 Supplementary District Regulations
H. Parking; Storage or Use of Major Recreational Equipment and Recreational Vehicles –
1. No major recreational equipment or recreational vehicles shall be parked or stored for
more than seventy-two (72) hours on a public street, alley or other public right-of-
way or parkway.
2. No major recreational equipment or recreational vehicles shall be parked or stored on
any lot in a residential district except in a carport or enclosed building, or in a required
side (not forward of the front façade of the primary residence) or rear yard on an all-
weather (durable, dust-free) hard surface driveway;. providedProvided, however, that
such equipment may be parked anywhere on residential premises not to exceed
seventy-two (72) hours during loading or unloading. Exemption: an all-weather
(durable, dust-free) hard surface driveway is not required for such equipment on lots
40,000 sq. ft. in size or greater.
3. Corner street side yards shall be considered a front yard. No major recreational
equipment or recreational vehicles shall be parked within the required setback.
4. No recreational equipment or recreational vehicles may be parked or stored on a
residential premise, per above, where visible to any adjacent right-of-way or
residential use, unless the vehicle is behind a solid fence or solid vegetative screening
at least 6 feet in height.
5. No such equipment shall be used for living, sleeping, or housekeeping purposes when
parked or stored on a residential lot per above, except for the temporary housing of
guests for not to exceed two (2) consecutive weeksmore than fourteen (14) days
during any sixty (60) day period.
6. For purposes of these regulations, major recreational equipment is defined as including
travel trailers, pick-up campers or coaches (designed to be mounted on automotive
vehicles), motorized dwellings, tent trailers, boats and boat trailers, travel trailers,
pick-up campers or coaches (designed to be mounted on automotive vehicles),
motorized dwellings, tent trailers, snowmobiles, trailers, dune buggies, airplanes or
aircraft and the likeother equipment designated for recreational use, and cases or
boxes used for transporting recreational equipment, whether occupied by such
equipment or not. Vehicles used primarily as the family car for a daily transportation
to and from work are excluded from this definition.
7. For purposes of these regulations, a recreational vehicle is defined as any vehicle used
or so constructed as to permit it being used as a conveyance upon the public streets
and highways, and licensable as such, and which is constructed in such a manner that
will permit occupancy as a dwelling or sleeping place for one or more persons, including
also a self-propelled vehicle having a body designed as living quarters.
Commented [BB1]: Increased from 24 hours
Commented [BB2]: 1/12/2021: As written, allowed
forward of the front façade but not within the required front
yard setback
Commented [BB3]: 1/12/2021: increased from to match
regulation #1
Commented [BB4]: 1/12/2021: reduced from 80,000 sq.
ft.
Commented [BB5]: New regulation
Commented [BB6]: Per the Planning & Zoning
Commission.
1/12/2021: removed due to difficulty in enforcement
Commented [BB7]: Per the Planning & Zoning
Commission
I. Parking and Storage of Vehicles in General
1. On-Street Parking: Commercial vehicles with a manufactured capacity rated of over
one (1) ton are prohibited from being parked on any public street, alley, parkway,
boulevard, or public place in all zoning districts, except the ML (Light Manufacturing)
district for a period not to exceed twenty-four (24) hours during loading or unloading.
In the ML district, on-street parking is prohibited along all major thoroughfares,
including expressways, arterials, and collector streets.
2. Off-Street Parking: 1. Commercial vehicles of over one (1) ton manufactured
capacity (truck tractor, road tractors and special mobile equipment) are permitted only
in the ML (Light Manufacturing), RE (Single Family ‘Estate’ Residential), or AG
(Agricultural) zoning districts. They are prohibited from being parked or stored on any
lot in all other zoning districts. Exemption: Such vehicles shall be allowed on any lot
greater than 40,000 sq. ft. provided they are located behind the front yard setback.
All other commercial vehicles may be permitted on a residentially zoned lot, provided
said parking space shall be in an enclosed garage, under a carport, or on an all-weather
hard surface driveway located in a side or rear yard. Exemption: an all-weather
(durable, dust-free) hard surface driveway is not required for such equipment on lots
40,000 sq. ft. in size or greater.
3. One commercial vehicle of not more than one (1) ton manufactured capacity, except
pick-up trucks, when used in the employ by the site occupant of a dwelling may be
permitted on a residentially zoned lot, provided said parking space shall be in an
enclosed garage, under a carport, or on an all-weather hard surface driveway, or
located in a side or rear yard on an all-weather surfaced driveway. The Chevrolet
Silverado/GMC Sierra 3500, Ford F-350, and Ram 3500 are known as "one ton"
pickups. Similar schemes exist for vans and SUVs (e.g. a 1-ton Dodge Van or a ½-ton
GMC Suburban) Nothing in this Chapter shall prohibit the occasional overnight storage
or parking of a commercial vehicle on residential property..
2. Off-street vehicle parking spaces shall not be located within ten (10) feet of
existing proposed major thoroughfare street right-of-way lines in any commercial or
industrial district. Such off-street parking spaces shall consist of a paved surface, i.e.,
concrete, HMAC, brick or paving stone approved by the city building official. All ten
(10) foot buffer areas shall be landscaped and maintained to enhance esthetic
qualities.
4.
3. To avoid the unsightly appearance of junked and abandoned vehicles in
residential districts, no vehicles may be parked or stored on a residential premise
where visible to any adjacent right-of-way or residential use, unless a current state
vehicle inspection registration sticker is displayed thereon or the vehicle is behind a
solid fence or solid vegetative screening at least 6 feet in height. Such vehicles are
those that cannot be immediately or readily started or moved under their own power,
and including vehicles without current licenses and vehicles with wheels or other major
components removed or broken.
5.
Commented [BB8]: 1/12/2021: reduced from 80,000 sq.
ft.
Commented [BB9]: 1/12/2021: reduced from 80,000 sq.
ft.
Commented [BB10]: Per the Planning & Zoning
Commission
ORDINANCE O-21-2157
AMENDING CHAPTER 3, SECTION 3.28 SUPPLEMENTARY DISTRICT
REGULATIONS OF THE LAND DEVELOPMENT CODE; PROVIDING A
SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
FOR INJUNCTIVE RELIEF; PROVIDING FOR A PENALTY OF FINE NOT
TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR EACH
OFFENSE; AND PROVIDING AN EFFECTIVE DATE
WHEREAS,the City Council of the City of Colleyville approved Ordinance O-
00-1214 on April 18, 2000, adopting the Land Development
Code; and
WHEREAS, the City of Colleyville desires to amend Chapter 3, Section 3.28
– Supplementary District Regulations of the Land Development
Code; and
WHEREAS, notice of a public hearing before the City Council was published
in a newspaper of general circulation in Colleyville at least 15
days before such hearing.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF COLLEYVILLE, TEXAS:
Sec. 1.THAT Chapter 3, Section 3.28 – Supplementary District
Regulations of the Land Development Code are hereby
amended to read as depicted in the attached Exhibit “A”.
Sec. 2.THAT any person, firm or corporation violating any of the
provisions or terms of this ordinance shall be subject to the
same penalty as provided for in the Comprehensive Zoning
Ordinance of the City of Colleyville, and upon conviction shall
be punishable by a fine not to exceed the sum of Two Thousand
Dollars ($2,000.00) for each offense.
Sec. 3.THAT if any section, paragraph, subdivision, clause, phrase or
provision of this ordinance shall be judged invalid or
unconstitutional, the same shall not affect the validity of this
ordinance as a whole or any portion thereof other than that
portion so decided to be invalid or unconstitutional.
Sec. 4.THAT in addition to and accumulative of all other penalties, the
City shall have the right to seek injunctive relief for any and all
violations of this ordinance.
Ordinance O-20-2157
Page 2 of 2
Sec. 5.THAT this ordinance shall take effect immediately from and
after its passage.
Sec. 6.THAT all other provisions of the Land Development Code shall
remain in full force and effect, except as amended herein.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the 2nd day of March
2021.
The second reading and public hearing being conducted on the 23rd day of
March 2021.
PASSED AND APPROVED BY A VOTE OF ___ AYES, ___ NAYS, ON THIS THE
23RD DAY OF MARCH 2021.
Mayor Richard Newton Mayor Pro Tem Bobby Lindamood ____
Place 1, Tammy Nakamura Place 5, Chuck Kelley ____
Place 3, Kathy Wheat Place 6, Callie Rigney ____
Place 4, George Dodson
ATTEST:CITY OF COLLEYVILLE
Christine Loven, TRMC Richard Newton
City Secretary Mayor
APPROVED AS TO FORM:
Whitt L. Wyatt
City Attorney
Exhibit “A”
LAND DEVELOPMENT CODE
Section 3.28 Supplementary District Regulations
H.Parking; Storage or Use of Major Recreational Equipment and Recreational Vehicles
1.No major recreational equipment or recreational vehicles shall be parked or stored for
more than seventy-two (72) hours on a public street, alley or other public right-of-
way or parkway.
2.No major recreational equipment or recreational vehicles shall be parked or stored on
any lot in a residential district except in a carport or enclosed building, or in a required
side or rear yard on an all-weather (durable, dust-free) hard surface driveway.
Provided, however, that such equipment may be parked anywhere on residential
premises not to exceed seventy-two (72) hours during loading or unloading.
Exemption: an all-weather (durable, dust-free) hard surface driveway is not required
for such equipment on lots 40,000 sq. ft. in size or greater.
3.Corner street side yards shall be considered a front yard. No major recreational
equipment or recreational vehicles shall be parked within the required setback.
4.No such equipment shall be used for living, sleeping, or housekeeping purposes when
parked or stored on a residential lot per above, except for the temporary housing of
guests for not more than fourteen (14) days during any sixty (60) day period.
5.For purposes of these regulations, major recreational equipment is defined as including
travel trailers, pick-up campers or coaches (designed to be mounted on automotive
vehicles), motorized dwellings, tent trailers, boats and boat trailers, snowmobiles,
trailers, dune buggies, airplanes or aircraft and other equipment designated for
recreational use, and cases or boxes used for transporting recreational equipment,
whether occupied by such equipment or not. Vehicles used primarily as the family car
for a daily transportation to and from work are excluded from this definition.
6.For purposes of these regulations, a recreational vehicle is defined as any vehicle used
or so constructed as to permit it being used as a conveyance upon the public streets
and highways, and licensable as such, and which is constructed in such a manner that
will permit occupancy as a dwelling or sleeping place for one or more persons, including
also a self-propelled vehicle having a body designed as living quarters.
I.Parking and Storage of Vehicles in General
1.On-Street Parking: Commercial vehicles with a manufactured capacity rated of over
one (1) ton are prohibited from being parked on any public street, alley, parkway,
boulevard, or public place in all zoning districts, except the ML (Light Manufacturing)
district for a period not to exceed twenty-four (24) hours during loading or unloading.
In the ML district, on-street parking is prohibited along all major thoroughfares,
including expressways, arterials, and collector streets.
2.Off-Street Parking: Commercial vehicles of over one (1) ton manufactured capacity
(truck tractor, road tractors and special mobile equipment) are permitted only in the
ML (Light Manufacturing), RE (Single Family ‘Estate’ Residential), or AG (Agricultural)
zoning districts. They are prohibited from being parked or stored on any lot in all other
zoning districts. Exemption: Such vehicles shall be allowed on any lot greater than
40,000 sq. ft. provided they are located behind the front yard setback.
All other commercial vehicles may be permitted on a residentially zoned lot, provided
said parking space shall be in an enclosed garage, under a carport, or on an all-weather
hard surface driveway located in a side or rear yard. Exemption: an all-weather
(durable, dust-free) hard surface driveway is not required for such equipment on lots
40,000 sq. ft. in size or greater.
3.Off-street vehicle parking spaces shall not be located within ten (10) feet of existing
proposed major thoroughfare street right-of-way lines in any commercial or industrial
district. Such off-street parking spaces shall consist of a paved surface, i.e., concrete,
HMAC, brick or paving stone approved by the city building official. All ten (10) foot
buffer areas shall be landscaped and maintained to enhance esthetic qualities.
4.To avoid the unsightly appearance of junked and abandoned vehicles in residential
districts, no vehicles may be parked or stored on a residential premise where visible
to any adjacent right-of-way or residential use, unless a current state vehicle
registration sticker is displayed thereon or the vehicle is behind a solid fence or solid
vegetative screening at least 6 feet in height. Such vehicles are those that cannot be
immediately or readily started or moved under their own power, and including vehicles
without current licenses and vehicles with wheels or other major components removed
or broken.
City of Colleyville Page 1
City of Colleyville
City Council
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
www.colleyville.com
Agenda Number 4a Agenda Date 3/2/2021 Number Resolution R-21-4592
Type Resolution
Department City Manager
Title
A resolution in support of legislative action discouraging electricity providers selectively
turning off power and encouraging permanent backup generators
Strategic Plan
1.4 Communicate thoroughly and strategically
2.1 Provide responsive, efficient city services
Explanation
Reading and Public Hearing
The proposed resolution will provide City support to legislators to take action to keep
electricity providers from selectively turning off power supply and encourage
permanent installation of backup generators for critical infrastructure such as regional
water districts, water treatment plants, sewer treatment plants, pump stations, sewer
lift stations, and public safety buildings.
Financial Impact
There is no financial impact to the City.
Recommendation
Approve
Attachments
1.Resolution R-21-4592
RESOLUTION R-21-4592
A RESOLUTION OF THE COLLEYVILLE, TEXAS CITY COUNCIL TO
THE TEXAS STATE LEGISLATURE IN SUPPORT OF LEGISLATION
DISCOURAGING ELECTRICITY PROVIDERS FROM SELECTIVELY
TURNING OFF POWER SUPPLY AND ENCOURAGING PERMANENT
INSTALLATION OF BACKUP GENERATORS FOR CRITICAL
INFRASTRUCTURE SUCH AS REGIONAL WATER DISTRICTS, WATER
TREATMENT PLANTS, SEWER TREATMENT PLANTS, PUMP
STATIONS, SEWER LIFT STATIONS, AND PUBLIC SAFETY
BUILDINGS
WHEREAS,the City recognizes the importance of protecting the
infrastructure that generates and delivers power to homes and
businesses in Texas, which may from time to time require the
implementation of rolling blackouts across the region and/or
the State; and
WHEREAS, the City also recognizes the importance of maintaining public
health and safety to the community it serves, which simply
cannot happen without the provision of safe drinking water and
adequate sanitary sewer services, and public safety facilities;
and
WHEREAS,the City is concerned that Energy Reliability Council of Texas
(hereinafter referred to as “ERCOT”), ONCOR Electric Delivery
(hereinafter referred to as “ONCOR”), or any other service
provider would so much as consider discontinuing electric
service to critical water and sewer infrastructure during a
global pandemic; and
WHEREAS, the City wishes to support the passage of legislation
discouraging ERCOT, ONCOR, or any other service provider
from interrupting or discontinuing electric service to critical
water and sewer infrastructure and public safety buildings as
a means of reducing load on the electrical system.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF COLLEYVILLE, TEXAS:
Sec. 1. THAT the Texas Legislature pass legislation discouraging
ERCOT, ONCOR, or any other electric service provider from
discontinuing electric service to critical water and sewer
infrastructure and public safety buildings.
Resolution R-21-4592
Page 2 of 2
Sec. 2.THAT the City Manager is hereby authorized and directed to
make this resolution available to all members of the Senate
and House of Representatives on behalf of the City of
Colleyville, Texas.
Sec. 3.THAT the resolution shall take effect immediately from and
after its passage.
APPROVED BY A VOTE OF _ AYES, _ NAYS ON THIS THE 2ND DAY OF MARCH
2021.
Mayor Richard Newton Mayor Pro Tem Bobby Lindamood
Place 1, Tammy Nakamura Place 5, Chuck Kelley
Place 3, Kathy Wheat Place 6, Callie Rigney
Place 4, George Dodson
ATTEST:CITY OF COLLEYVILLE
Christine Loven, TRMC Richard Newton
City Secretary Mayor
City of Colleyville Page 1
City of Colleyville
City Council
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
www.colleyville.com
Agenda Number 5a Agenda Date 3/2/2021 Number Resolution R-21-4574
Type Resolution
Department Community Development
Title
Consideration of a request to abandon a previously dedicated right-of-way (ROW) area
on Lots 1 & 2, Block 1, Neidholt Addition and Lot 2X, Block E, Old Grove Addition,
located at 103 & 105 John McCain Road and 7189 Cast Iron Forest Trail, Case GC20-
007
Strategic Plan
4.1 Protect Colleyville's semi-rural residential character
Explanation
Reading and Public Hearing
Mike Boswell, of Toll Brothers Land Development, has submitted a request for a right-
of-way abandonment at 103 & 105 Old Grove and 7189 Cast Iron Forest Trail known
as Lots 1 & 2, Block 1, of the Neidholt Addition, being a 15 foot right-of-way area
dedicated with the plat.
Existing Conditions/Background: The subject property is currently zoned PUD-R
Planned Unit Development – Residential district and is associated with Lots 1 & 2,
Block 1, Neidholt Addition and Lot 2X, Block 1, Old Grove Addition. The property is
generally located east of Cast Iron Forest Trail and southwest of John McCain Road as
it turns north.
Analysis: Presently there exists an approximately fifteen foot wide (15’) public right-
of-way (ROW) running diagonally across proposed Lot 1 identified in the applicant’s
proposed replat. The applicant has requested that the entire ROW be abandoned so
that they may replat the existing lots to allow for the residential development of
proposed Lot 1 (concurrently filed as PC-20-006).
Background: This ROW was dedicated to the City via a plat filed in 1978 subdividing
the land immediately south of the ROW into residential lots. The purpose of the
original dedication was, at least in part, to provide the necessary public access for the
residential lots identified on the 1978 plat as well as the surrounding residential
properties. The location of the ROW provides access to the John McCain Boulevard,
which remains to this day a major collector street serving the surrounding area. It is
currently unknown what type of access or road, if any, was developed along this ROW
following the 1978 dedication; however, there are presently no developed public
City Council Agenda Briefing 5a
City of Colleyville Page 2
facilities within the ROW.
Authority: The City Council is responsible for any action to abandon the ROW pursuant
to state law and the City’s Charter. Accordingly, the City Council may approve or deny
the applicant’s request; or, alternatively, the City Council may condition the approval
on the applicant relocating the ROW (if feasible) to an agreed location to preserve the
City’s public access across the property. Any action on this item requires a simple
majority vote of the City Council and would not constitute action on the applicant’s
concurrent replat case.
Required Action: If the City Council desires to abandon the ROW, the method for doing
so would be by resolution or ordinance, which must contain a legal description of the
ROW to be abandoned and be filed in the real property records for Tarrant County.
The applicant’s final plat will be required to reference the filed resolution or ordinance
abandoning the ROW. Conversely, action to deny applicant’s request will result in the
ROW remaining on the property.
Plat Status: The property is a platted as Lots 1 & 2, Block 1, of the Neidholt Addition
and Lot 2X, Block 1, of the Old Grove Addition. The Neidholt plat dedicated a 15 foot
right-of-way area.
DRC Review: The DRC reviewed the request during their November 23, 2020 meeting
and determined the application was complete and may be scheduled for the next
available City Council meeting.
Drainage: NA
Surrounding Development: The properties to the north, south are west are zoned
PUD-R and developed with single family residences. The property to the east is zoned
R-30 and is improved with a single family residence.
Comprehensive Plan: The City’s comprehensive plan, Destination Colleyville,
designates the subject property for residential use.
Staff Recommendation: Staff is neutral on this request.
Financial Impact
There is no financial impact to the City.
Recommendation
None
Attachments
1.Aerial Map
2.Zoning Map
City Council Agenda Briefing 5a
City of Colleyville Page 3
3.Future Land Use Map
4.Planning Objectives
5.Neidholt Addition
6.Old Grove FINAL PLAT
7.Replat Exhibit
8.Resolution R-21-4574
203
101
105
200
101
105
206
104108
207
200
201
202
100
109
7105
103
200 204
105
104
7189
104
101
6901
71097215
100
317 JOHN MCCAIN ROAD
STILLWATER CIR
C
L
E
W A T E R F A L L C O U R T CAST IRON
FOREST
TRAIL
Aerial Map
DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist.
KPC20-006
105 & 103 John McCain Rd and 7189 Cast Iron Forest Trl
Subject Property
203
101
7204
105
200
101
205
105
206
213
104108
207
200
7215
108
201
202
100204
109
208
7105
103
200 204
105
104
7189
210
104
101
6901
7109
7215
100
7209
317
J
OHNMC
C
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I
NR
O
A
D
COLDEN COURT
STILLWATER CIR
C
L
E
CAST IRON
FOREST
TRAIL
W A T ER FA L L C O U R T
R-30
AG R-40
PUD-R
PUD-R
PUD-R
AG
Zoning Map
DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist.
KPC20-006
105 & 103 John McCain Rd and 7189 Cast Iron Forest Trl
Subject Property
203
101
7204
105
200
101
205
113
105
206
104108
207
200
7215
201
202
100204
109
204
7105
103
200 204
105
104
7189
104
101
6901
71097215
100
7209
317
J
OHNMC
C
A
I
NR
O
A
D
COLDEN COURT
STILLWATER CIRCLE
CAST IRON
FOREST
TRAIL
W A TERFA L L C O U R T
Future Land Use Map
DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist.
KPC20-006
105 & 103 John McCain Rd and 7189 Cast Iron Forest Trl
Subject Property
Residential
Open Space; Parks
N 80°18'50" E 267.95'N 01°05'15" W 71.04'SLSLSLSLSLSLSLSLSLSLSLSLSLSLSLSLSLSLSLSLSLSLSLSLSSL SL SL
SL SL SL SL SL SL SL SL SL SL SL SL SL SL SL SL SL SL SL SL SL SL SL SL SL SL SL SL SL SLSLSLSLSLSLSLSLSLSLS 89°00'13" W 194.02'N 16°10'52" W 248.30'S 00°51'07" E 417.47'CIRS1/2"IRFCIRS1/2"CIRF"BEASLEY"1/2"IRFCIRS1/2"IRF1/2"CIRF"RPLS4050"CIRS2.63'C1C2 CLCLCLCLCLCLLOT 1, BLOCK EOLD GROVE ADDITIONCAB. A, PG. 9807P.R.T.C.T.LOT 9, BLOCK COLD GROVE ADDITIONCAB. A, PG. 9807P.R.T.C.T.LOT 16, BLOCK AOLD GROVE ADDITIONCAB. A, PG. 9807P.R.T.C.T.LOT 3, BLOCK 1NEIDHOLT ADDITIONVOL. 388-123, PG. 64P.R.T.C.T.CLCLCLCLCLCLCLCLCLCLCLJ O H N M c C A I N R O A DVARIABLE WIDTH RIGHT-OF-WAY(OPEN SPACE)LOT 17X, BLOCK AOLD GROVE ADDITIONCAB. A, PG. 9807P.R.T.C.T.D.J.BEDDO SURVEYABSTRACT NO. 232LOT 2, BLOCK 1NEIDHOLT ADDITIONVOL. 388-123, PG. 64P.R.T.C.T.LOT 1, BLOCK 1NEIDHOLT ADDITIONVOL. 388-123, PG. 64P.R.T.C.T.RIGHT-OF-WAY DEDICATIONVOL. 388-123, PG. 64P.R.T.C.T.ABANDONED BYCC#________________O.P.R.T.C.T.LOT 2X, BLOCK EOLD GROVE ADDITIONCAB. A, PG. 9807P.R.T.C.T.RIGHT-OF-WAY DEDICATIONVOL. 388-123, PG. 64P.R.T.C.T.L O T 3XOPEN SPACE0.09 ACRES4,014 SQ. FEETB L O C K 1L O T 11.20 ACRES52,433 SQ. FEETL O T 20.90 ACRES39,354 SQ. FEET10' BUILDING LINE10' BUILDING LINE10' BUILDING LINE30' DRAINAGEEASEMENT25' BUILDING LINE25' BUILDING LINE16' DRAINAGE & UTILITY EASEMENT
25' BUILDING LINE
5' UTILITY EASEMENTCAB. A, PG. 9807P.R.T.C.T.10' UTILITY EASEMENTCAB. A, PG. 9807 P.R.T.C.T.10' BUILDING LINE25' BUILDING LINE
10' UTILITY EASEMENTCAB. A, PG. 9807P.R.T.C.T.29' TRAILEASEMENT180.00'
222.90'14.57'186.45'35.23'1
(
1
(
15.08'14.29'C A S T I R O N F O R E S T R O A DVARIABLE WIDTH RIGHT-OF-WAYCLCLCLCLCLCLCLCLCLCLCLCLCLCLCLCLCLCLCLCLRIGHT-OF-WAYDEDICATION13 SQ. FEET(SEE DETAIL)N 60°22'47" E1.55'S 85°34'15" E25.0'25.0'25.0'22.5'LOT 5, BLOCK DOLD GROVE ADDITIONCAB. A, PG. 9807P.R.T.C.T.LOT 6, BLOCK DOLD GROVE ADDITIONCAB. A, PG. 9807P.R.T.C.T.W A T E R F A L L C O U R T50' RIGHT-OF-WAYCLCLCLCLCLCLCLLOT 1X, BLOCK FOLD GROVE ADDITIONCAB. A, PG. 9807P.R.T.C.T.S T I L L W A T E R C I R C L E40' RIGHT-OF-WAYPOBN:7016829.68E:2377158.68N:7017250.68E:2377343.8410' UTILITY EASEMENTVOL. 388-123, PG. 64 P.R.T.C.T.10' UTILITY EASEMENT
VOL. 388-123, PG. 64 P.R.T.C.T.LOT 20, BLOCK CWESTMONTCAB.A, PG. 6060/6061P.R.T.C.T.LOT 19, BLOCK CWESTMONTCAB.A, PG. 6060/6061P.R.T.C.T.RIGHT-OF-WAY DEDICATIONCAB. A, PG. 6060/6061P.R.T.C.T.12' DRAINAGE & UTILITY EASEMENTCAB. A, PG. 6060/6061 P.R.T.C.T.12' DRAINAGE & UTILITY EASEMENT
CAB. A, PG. 6060/6061P.R.T.C.T.WILLIAM E. CROOKS SURVEYABSTRACT NO. 295MARY M. FREEMAN SURVEYABSTRACT NO. 533ROBERT WILLIAMS SURVEYABSTRACT NO. 167412' DRAINAGE & UTILITY EASEMENTCAB. A, PG. 6060/6061 P.R.T.C.T.12' DRAINAGE & UTILITY EASEMENT
CAB. A, PG. 6060/6061P.R.T.C.T.12' DRAINAGE & UTILITY EASEMENTCAB. A, PG. 6060/6061 P.R.T.C.T.10' UTILITY EASEMENTVOL. 388-123, PG. 64 P.R.T.C.T.41.82'14.13'L3L4CIRS1/2"CIRF"RPLS4050"L1L2C3CLCLCLCLCLCL23.5'RIGHT-OF-WAYDEDICATION13 SQ. FEET25.0'25.0'SITELOCATIONPLEASANT RUN RDL D LOCKETT RDPRECINCT LINE RD DAVIS BLVDMcDONWELL SCHOOL RDOLD GROVE RDBANDIT TRAILJOHN McCAIN RDCAST IRONFOREST TRAILDrafterProjectDateTAR08/17/20201912.003-01VICINITY MAP(NOT TO SCALE)EAGLE SURVEYING, LLC210 S. Elm Street, Suite: 104Denton, TX 76201(940) 222-3009TX Firm #10194177SURVEYOREagle Surveying, LLC210 S. Elm Street, Suite 104Denton, TX 76201(940) 222-3009ENGINEERPape-Dawson Engineers, Inc.One Ridgmar Centre6500 West Fwy, Suite 700Fort Worth, TX 76116(817) 870-3668= DOCUMENT NUMBERDOC. NO.= CAPPED IRON ROD FOUNDCIRFDEED RECORDS,D.R.D.C.T.= VOLUMEVOL= PAGEPGDENTON COUNTY, TEXAS=OFFICIAL PUBLIC RECORDS,O.P.R.D.C.T.DENTON COUNTY, TEXAS=LEGEND= POINT OF BEGINNINGPOBPRELIMINARYthis document shall not be recordedfor any purpose and shall not beused or viewed or relied upon as afinal survey document= IRON ROD FOUNDIRFOWNERToll Dallas TX, LLC2557 Grapevine Parkway, Suite 100Grapevine, TX 76051(817)329-8770PAGE 1 OF 1NCURVE TABLECURVEARC LENGTHRADIUSDELTA ANGLECHORD BEARINGCHORD LENGTHC137.35'245.00'
1
:37.32'C229.38'75.00'
1
:29.19'C327.04'244.70'
6
(27.02'1.) The purpose of this plat is to reconfigure former Lots 1 & 2 of the NeidholtAddition to face Cast Iron Forest Trail instead of John McCain Road.2.)This property is located in "Non-shaded Zone X" according to the F.E.M.A. FloodInsurance Rate Map dated September 25, 2009 as shown on Map Number48439C0095K.3.)The grid coordinates shown on this plat are based on GPS observations utilizingthe AllTerra RTK Network. North American Datum of 1983 (AdjsutmentRealization of 2011).4.)Selling a portion of this addition by metes and bounds is a violation of CityOrdinance and State Law, and is subject to fines and/or withholding of utilitiesand building permits.5.) All interior property corners are marked with a 1/2-inch iron rod with a greenplastic cap stamped "EAGLE SURVEYING" unless noted otherwise.6.)The bearings shown on this plat are based on GPS observations utilizing theAllTerra RTK Network. North American Datum of 1983 (Adjsutment Realizationof 2011).7.)DRAINAGE EASEMENT RESTRICTION: No construction of filling, without thewritten approval of the City of Colleyville shall be allowed within a drainageeasement, and then only after detailed engineering plans and studies show thatno flooding will result, that no obstruction to the natural flow of water will result,and subject to all owners of property affected by such construction becoming aparty to the request. Where construction is permitted. All finished floor elevationsshall be a minimum of two (2) feet above the 100-year flood elevation.8.)UTILITY EASEMENTS: Any public utility, including the City of Colleyville, shallhave the right to move and keep removed all part of any building, fence, shrubs,other growths or improvements which in any way endanger or interfere with theconstruction, maintenance, or efficiency of it's respective systems on any of theutility easements shown on the plat; and any public utility, including the City ofColleyville, shall have the right at all times of ingress and egress to and from andupon said utility easement of the purpose of construction, reconstruction,inspection, patrolling, maintaining and adding to or removing all or part of itsrespective systems without the necessity at any time of procuring the permissionof anyone.9.)The maintenance of all drainage and utility easements located on privateproperty are the responsibility of the owner.10.) Open Space Lot 3X, Block A, to be maintained by HOA.GENERAL NOTESLINE TABLELINEBEARINGDISTANCEL11
:26.62'L21
(1.55'DETAILSCALE 1" = 10'NOWNER'S CERTIFICATE & DEDICATIONSTATE OF TEXAS§COUNTY OF TARRANT§WHEREAS, TOLL DALLAS TX, LLC, is the owner of a 2.20 acre tract of land out of the D.J. Beddo Survey, Abstract Number 232,City of Colleyville, Tarrant County, Texas, being all of Lot 2X, Block E of Old Grove Addition, a subdivision of record in Cabinet A,Page 9807 of the Plat Records of Tarrant County, Texas, all of Lots 1 and 2, Block 1, and a portion of a Right-of-Way Dedication ofNeidholt Addition, a subdivision of record in Volume 388-123, Page 64 of said Plat Records, and being more particularly describedby metes and bounds as follows:BEGINNING, at a 1/2" iron rod found in the East Right-of-Way line of Cast Iron Forest Road (Variable Width R.O.W.) being theNorthwest corner of Lot 16, Block A of Old Grove Addition, also being the Southwest corner of Lot 1, Block 1 of Neidholt Addition;THENCE1
:DORQJWKH(DVW5LJKWRI:D\OLQHRI&DVW,URQ)RUHVW5RDGEHLQJWKH:HVWOLQHRI/RW%ORFNRI1HLGKROWAddition in part, also being the West line of the Right-of-Way Dedication of Neidholt Addition a distance of 248.30 feet to a 1/2" ironURGZLWKJUHHQSODVWLFFDSVWDPSHG³($*/(6859(<,1*´VHWDWWKH1RUWKZHVWFRUQHURIWKH5LJKWRI:D\'HGLFDWLRQRI1HLGKROWAddition;THENCE1
(DORQJWKH(DVW5LJKWRI:D\OLQHRI&DVW,URQ)RUHVW5RDGEHLQJWKH1RUWKOLQHRIWKH5LJKWRI:D\'HGLFDWLRQRI1HLGKROW$GGLWLRQDGLVWDQFHRIIHHWWRDLURQURGZLWKD\HOORZSODVWLFFDSVWDPSHG³53/6´IRXQGDWWKHSouthwest corner of Lot 2X, Block E of Old Grove Addition, also being the beginning of a non-tangent curve to the right;THENCE, leaving the North line of the Right-of-Way dedication of Neidholt Addition along the East Right-of-Way line of Cast IronForest Road, being the West line of Lot 2X, Block E of Old Grove Addition, along said non-tangent curve to the right, having a radiusRIIHHWDFKRUGEHDULQJRI1
:DFKRUGOHQJWKRIIHHWDGHOWDDQJOHRI
DQDUFOHQJWKRIIHHWWRDLURQURGZLWK\HOORZSODVWLFFDSVWDPSHG³%($6/(<´IRXQG THENCE1
:DORQJWKH(DVW5LJKWRI:D\OLQHRI&DVW,URQ)RUHVW5RDGEHLQJWKH:HVWOLQHRI/RW;%ORFN(RI2OGGrove Addition, a distance of 71.04 feet to a 1/2" iron rod at the beginning of a non-tangent curve to the left;THENCE, along the East Right-of-Way line of Cast Iron Forest Road, being the West line of Lot 2X, Block E of Old Grove Addition,DORQJVDLGQRQWDQJHQWFXUYHWRWKHOHIWKDYLQJDUDGLXVRIIHHWDFKRUGEHDULQJRI1
:DFKRUGOHQJWKRI IHHWDGHOWDDQJOHRI
DQDUFOHQJWKRI IHHWWRDLURQURGZLWKJUHHQSODVWLFFDSVWDPSHG³($*/(6859(<,1*´VHWDWWKH6RXWKZHVWFRUQHURI/RW%ORFN(RI2OG*URYH$GGLWLRQEHLQJWKH1RUWKZHVWFRUQHURI/RW;%ORFN(RIOld Grove Addition;THENCE1
(DORQJWKH6RXWKOLQHRI/RW%ORFN(RI2OG*URYH$GGLWLRQEHLQJWKH1RUWKOLQHRI/RW;%ORFN(RI2OGGrove Addition, a distance of 267.95 feet to a 1/2" iron rod found in the Southwest Right-of-Way line of John McCain Road (VariableWidth Right-of-Way) being the Southeast corner of Lot 1, Block E of Old Grove Addition, also being the East corner of Lot 2X, BlockE of Old Grove Addition, also being a point in the North line of the Right-of-Way Dedication of Neidholt Addition;THENCE6
(DORQJWKH6RXWKZHVW5LJKWRI:D\OLQHRI-RKQ0F&DLQ5RDGEHLQJWKH1RUWKOLQHRIWKH5LJKWRI:D\'HGLFDWLRQRI1HLGKROW$GGLWLRQDGLVWDQFHRIDGLVWDQFHRIIHHWWRDLURQURGZLWKJUHHQFDSVWDPSHG³($*/(6859(<,1*´VHWDWWKH1RUWKHDVWFRUQHUKHUHRI THENCE6
(OHDYLQJWKH6RXWK5LJKWRI:D\OLQHRI-RKQ0F&DLQ5RDGRYHUDQGDFURVVWKH5LJKWRI:D\GHGLFDWLRQRINeidholt Addition in part, passing the Northwest corner of Lot 3, Block 1 of Neidholt Addition, being the Northeast corner ofLot 2, Block 1 of Neidholt Addition, continuing along the West line of Lot 3, Block 1 of Neidholt Addition, being the East line of/RW%ORFNRI1HLGKROW$GGLWLRQDGLVWDQFHRIIHHWWRDLURQURGZLWKJUHHQSODVWLFFDSVWDPSHG³($*/(6859(<,1*´VHWLQWKH1RUWKOLQHRI/RW;%ORFN$RI2OG*URYH$GGLWLRQEHLQJWKH6RXWKZHVWFRUQHURI/RW%ORFNRINeidholt Addition, also being the Southeast corner of Lot 2, Block 1 of Neidholt Addition;THENCE6
:DORQJWKH6RXWKOLQHVRI/RWVDQG%ORFNRI1HLGKROW$GGLWLRQEHLQJWKH1RUWKOLQHRI/RW;%ORFN$of Old Grove Addition in part, also being the North lien of Lot 16, Block A of Old Grove Addition in part, a distance of 194.02 feet tothe POINT OF BEGINNING and containing an area of 2.20 Acres, or (95815 Square Feet) of land, more or less.NOW THEREFORE KNOW ALL MEN BY THESE PRESENTS:THAT, TOLL DALLAS TX, LLC, does hereby adopt this plat, designating herein described property as OLD GROVE ADDITION,PHASE II an addition to the City of Colleyville, Tarrant County, Texas, and do hereby dedicate fee simple to the public use foreverall streets, rights-of-way, and alleys shown thereon, and do hereby reserve the easements shown on this plat for the mutual use andaccommodation of all public utilities desiring to use or using the same. Any public utility shall have the right to remove and keepremoved all or part of any buildings, fences, trees, shrubs or other improvements or growths in which any way endanger or interferewith the construction , maintenance or efficiency of its respective systems on any of these easements, and any public utility shall atall times have the right of ingress and egress to and from and upon the said easement for the purpose of constructing,reconstructing, inspecting, and patrolling, without the necessity at any time of procuring the permission of anyone. This platapproved subject to all platting ordinances, rules, regulations, and resolutions of the City of Colleyville, Texas.OWNER: TOLL DALLAS TX, LLC, a Texas limited liability companyBY: ___________________________________________________________ Authorized Agent DateNAME: _________________________________ Print nameSTATE OF TEXAS§COUNTY OF ____________§BEFORE ME, the undersigned authority, on this day personally appeared ___________________________, known to me to be theperson whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for thepurposes and considerations therein expressed and in the capacity therein stated.GIVEN UNDER MY HAND AND SEAL OF THE OFFICE this _______ day of _______________________, 2020._________________________________________Notary Public in and for the State of TexasCERTIFICATE OF SURVEYORSTATE OF TEXAS§COUNTY OF DENTON§I, MATTHEW RAABE, Registered Professional Land Surveyor, do hereby certify that this plat was prepared from an actual surveymade on the ground and that the monuments shown hereon were found or placed with 1/2-inch iron rods with green plastic capsstamped "EAGLE SURVEYING" under my direction and supervision in accordance with the current provisions of the TexasAdministrative Code and the Ordinances of the City of Colleyville, Tarrant County, Texas.________________________________________________________Matthew Raabe, R.P.L.S. # 6402 DateREPLATOLD GROVE ADDITION, PHASE IILOTS 1-3X, BLOCK 12.20 ACRESA REPLAT OF LOTS 1 & 2, BLOCK 1 OF NEIDHOLT ADDITIONRECORDED IN VOLUME 388-123, PAGE 64, P.R.T.C.T.AND LOT 2X, BLOCK E OF OLD GROVE ADDITIONRECORDED IN CABINET A, PAGE 9807, P.R.T.C.T.,D.J. BEDDO SURVEY, ABSTRACT NO. 232,CITY OF COLLEYVILLE, TARRANT COUNTY, TEXAS1" = 30'03015Whereas, the Planning and Zoning Commission of the City of Colleyville, Texasvoted affirmatively on this _____ day of _________, 2020 to approve this plat.__________________________________________Chairman, Planning and Zoning Commission__________________________________________Attest: Secretary, Planning and Zoning CommissionPLANNING AND ZONING COMMISSION APPROVALWhereas, the City Council of the City of Colleyville, Texas voted affirmatively on this_____ day of _________, 2020 to approve this plat.__________________________________________Mayor, City of Colleyville__________________________________________Attest: City SecretaryCITY COUNCIL APPROVAL= CABINETCAB= CAPPED IRON ROD SETCIRSL36
:30.68'L41
:30.45'
RESOLUTION R-21-4574
A RESOLUTION APPROVING ABANDONMENT
OF A 15 FOOT RIGHT-OF-WAY
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF COLLEYVILLE, TEXAS:
Sec. 1. THAT the abandonment of a 15 foot right-of-way on Lots 1 &
2, Block 1, of the Neidholt Addition, and associated with a
Replat for Lots 1, 2, and 3X, Block 1, Old Grove Addition on
approximately 2.20 acres as shown and described per the
attached as Exhibits “A" & “B”, is hereby approved.
AND IT IS SO RESOLVED.
APPROVED BY A VOTE OF ___ AYES, ___ NAYS, ON THIS THE 23rd DAY OF MARCH
2021.
Mayor Richard Newton Mayor Pro Tem Bobby Lindamood
Place 1, Tammy Nakamura Place 5, Chuck Kelley
Place 3, Kathy Wheat Place 6, Callie Rigney
Place 4, George Dodson
ATTEST:CITY OF COLLEYVILLE
Christine Loven, TRMC Richard Newton
City Secretary Mayor
Exhibit “A” – Plat Exhibit
R.O.W. requested
to be abandoned
Exhibit “B” – Statement of Planning Objectives
City of Colleyville Page 1
City of Colleyville
City Council
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
www.colleyville.com
Agenda Number 5b Agenda Date 3/2/2021 Number Resolution R-21-4575
Type Resolution
Department Community Development
Title
Consideration of a Replat for Lots 1, 2, and 3X, Block 1, Old Grove Addition, Phase II,
being Lots 1 & 2, Block 1, Neidholt Addition and Lot 2X, Block E, Old Grove Addition,
located at 103 & 105 John McCain Road and 7189 Cast Iron Forest Trail, Case PC20-
006
Strategic Plan
4.1 Protect Colleyville's semi-rural residential character
Explanation
Reading and Public Hearing
Matt Maly, the applicant, requests approval of a Replat for Lots 1, 2, and 3X, Block 1,
Old Grove Addition on approximately 2.20 acres, located at 105 & 103 John McCain
Road and 7189 Cast Iron Forest Trail. The applicant proposes to combine and
redevelop 2 lots, an old right-of-way area, and an open space lot into 2 single-family
residential lots and an open space lot. The old right-of-way area is requested to be
abandoned separately.
Existing Conditions/Background: The subject property is currently zoned PUD-R
Planned Unit Development – Residential district and is a combination of Lots 1 & 2,
Block 1, Neidholt Addition, an old right-of-way area, and Lot 2X, Block E, Old Grove
Addition. The property is generally located east of Cast Iron Forest Trail and southwest
of John McCain Road as it turns north. The property is currently undeveloped. The plat
up for consideration proposes to combine and redevelop the property for future
residential development on two lots and an open space lot.
Lot Dimensions and Setbacks:
Per Ordinance O-04-1475, Lot Requirements and Setbacks, the PUD zoning regulations
require the following standards:
Minimum Lot Area: 13,000 square feet
Average Lot Area: 16,000 square feet
City Council Agenda Briefing 5b
City of Colleyville Page 2
Minimum Lot Width: 90 feet
Minimum Lot Depth: 120 feet
Minimum Front Yard Setback: 25 feet
Minimum Side Yard Setbacks: 10 feet
Minimum Rear Yard Setback: 25 feet
As submitted, the proposed plat meets all of the requirements of the PUD-R zoning and
the Land Development Code.
Surrounding Development: The properties to the north, south, and west are zoned
PUD-R Planned Unit Development – Residential district and primarily developed with
single family homes. The property to the east is zoned R-30 Single Family Residential
district and developed with a single family home. There is a large retention/detention
pond adjacent to the south.
Analysis: The property is located at the northeast side of the Old Grove neighborhood.
The PUD-R zoning approved in 2004 originally planned for four lots. The proposal has
reduced the lot number to two lots for single family residential development.
The proposed Replat also includes a small open space lot adjacent to an existing
Emergency Access Easement and drive lane.
Finally, an old right-of-way area is currently unused with no improvements existing.
The applicant has requested that the right-of-way area be abandoned. This request is
reviewed by the City Council and is scheduled on the same agenda as this plat item.
DRC Comments-Drainage and Engineering: The current drainage does not meet
City of Colleyville standards. The proposed design reroutes storm water onto drainage
easements where it never previously flowed through and was not designed to convey.
The proposed improvement does not analyze existing flows within those drainage
easements and therefore is not sized correctly. The proposed improvements would
also be built in part over an existing City of Colleyville improved underground storm
drain system, thereby making maintenance on said system impossible without having
to remove the proposed improvements. Any proposed improvements must provide
access to the existing underground system or upgrade the underground system.
Engineering Comments per September 4, 2020 DRC Submittal:
The supporting drainage documents from Westmont (September 2000) and Old Grove
(March 2004) do not prove the existence of the channel section “C” between lots 101
John McCain and 203 Colden Court. In the construction of Westmont (2000), I agree
City Council Agenda Briefing 5b
City of Colleyville Page 3
that the plans show the channel section “C” with a capacity of 54.4 CFS. However
when the same developer came in and developed Old Grove 2004, they piped the
water underground that the channel was designed to convey. The underground system
was installed in the same location as the channel. The 2004 plans didn’t require the re-
establishment of the channel. Therefore, it is very likely that the channel no longer
exists or has a reduced capacity. LIDAR topography does not support it conclusively
nor does the later plan set. If they intend to use the channels from Westmont (2000),
they will need to show that the channel still exists or provide construction plans for its
reinstallation. Also at the bend of their system to the north, they need to show how
their design doesn’t impede the additional flow shown in the Westmont 2000 flow in
channel section “B” from the south which may or may not exist as well.
Currently the plans are still incomplete due to the assumptions that are being made.
Engineering Comments per October 12, 2020 DRC Submittal:
The grading and drainage plans substantially conform with the requirements of the
Land Development Code (LDC). As this is a small 2 parcel plat the increase in runoff is
relatively small and easily accommodated through their design and detention pond.
Their design reroutes the discharge onto Old Grove Addition Bock A Lot 17X open
space which is an HOA maintained Common Space Lot, which was platted in its
entirety as a drainage easement. Does this designation as a drainage easement allow
adjacent developers to reroute water onto this property at their discretion? This
property never previously received this flow. The existing topography and natural
drainage had the water crossing property at 101 John McCain Rd. Staff needs a legal
interpretation of Texas Water Code 11.086.
Public works had also requested an additional Access Easement across the northern
edge Lot 3X in consideration for the right-of-way abandonment of right-of-way
dedication vol. 388-123, PG 64 P.R.T.C.T requested on Lots 1 and 3X. Although there
is an existing 29’ Trail Easement at the northeast corner of these lots, to facilitate
construction due to grade issues on the south side of Old Grove Addition Block E lot 1
the City has requested an additional 10’ Access easement across the north edge of Lot
3X.
Finally of consideration, these lots have come before Planning and Zoning and City
Council for consideration in the past. Although the first statement is based on the LDC,
the legal issues and the will of Planning and Zoning and City Council from those
previous meetings need to be reviewed by those bodies relative to the drainage design
prior to re-platting.
Engineering Comments per November 16, 2020 DRC Submittal
The Development Review Committee offers the following comments specific to
City Council Agenda Briefing 5b
City of Colleyville Page 4
Drainage/Engineering:
1.There are no comments regarding the ROW abandonment.
2.There are concerns with the existing plan for drainage at this time. There is an
underground storm pipe that exists along the western property line of 203
Colden Ct. At minimum, this needs to be maintained. The following scenario is
expected (with appropriate engineering data):
1.Redesign & upsize the current underground storm drain pipe to accommodate
the additional flow of the two proposed lots. With the upsizing of the pipe,
evaluate the possibility of routing the flow from the two proposed lots to the
existing pond. If possible, this potentially would satisfy citizen and Council
concerns.
2.If the pond does not allow for accepting the additional water, the water is then
expected to be taken underground prior to the location where the flow leaves the
HOA property onto the 203 Colden Ct. drainage easement.
Although a drainage easement exists on the lot addressed as 203 Colden Ct., this
drainage easement was put into place in 2000 when Westmont Subdivision was built
and the property to the west, now Old Grove Subdivision, was undeveloped. In 2004
the same developer came in developing Old Gove and moved the water in the drainage
easement underground. Although a small amount of the original 54.4 CFS coming off
Old Grove still flows overland and causes issues at 203 Colden Ct., the overland flow
was greatly reduced. The property owner’s home was completed in 2014. Therefore
they have never seen or been accustomed to the proposed overland flows in this
drainage easement. Since the majority of the flow in this easement has been
underground for the past 16 or so years, I believe that the flows for 103 and 105 John
McCain should respect that precedent and also be taken underground at the location
where the flow leaves the HOA property onto the 203 Colden Ct. drainage easement.
Although the drainage flow has been reduced to the pre-developed rate, it has,
however, been concentrated further south than pre-developed flows. And some of the
over land flowed onto 202 Colden Ct. before flowing south back to the inlet at the
north west corner of 203 Colden Ct. This reroute of water in the associated drainage
flume represent an adverse displacement on the owners of 203 Colden Ct.
The current underground storm drain pipe that connects the Old Grove HOA Pond to
the Colden Ct. storm drain is at capacity and would require redesign and upsizing to
accommodate the additional flow. For this reason, routing the flow through the HOA
pond may not be practical. However, if the underground pipe was upsized it might
allow the flow to be routed through the pond. I have had discussions with some of the
engineers involved and City Council members. The engineers have claimed that the
pond system is undersized. I have not seen their calculations and therefore have not
City Council Agenda Briefing 5b
City of Colleyville Page 5
reviewed the calculations to prove or disprove that contention. Until I can review
these calculations, we are just taking them at their word. I also have heard that City
Council wants this storm water routed through the existing pond system. I feel I need
to review all possible solutions before I can make further recommendations.
Fees: Park Land Dedication fees are required in the amount of $1,802 per residential
lot. Park Land Dedication fees are due prior to filing the plat for record. Impact Fees
are also required per Chapter 13 (Impact Fees) of the Land Development Code and are
due prior to the issuance of a Building Permit.
Tree Preservation: Any subdivision of the subject property must comply with
Chapter 5 (Tree Preservation) of the Land Development Code. Where any tree is slated
for removal, no site grading, dirt disturbance or new construction may occur on the
property until a Tree Removal Permit has been issued that is associated with an
approved Tree Preservation Plan.
In addition to the requirements for submittal of a Tree Removal Permit and Tree
Preservation Plan, future development on the site must maintain the minimum existing
protected tree canopy coverage as required in Chapter 5.
Public Notification: Staff mailed notices to all property owners within 500 feet of the
subject property. Notice was published in the Fort Worth Star-Telegram as required by
State law and the Land Development Code. The City has received three letters of
opposition by adjacent property owners.
Staff Recommendation: Staff recommends denial. The proposed Replat does not
meet the technical requirements of the Land Development Code.
Planning and Zoning Commission Recommendation: The Planning and Zoning
Commission recommended denial of the Replat at their December 14, 2020 meeting by
a vote of 4-0.
Financial Impact
There is no financial impact to the City.
Recommendation
Denial
Attachments
1.Aerial Map
2.Zoning Map
3.Future Land Use Map
4.Plat Exhibit
5.Grading Plan with Aerial
6.Civil Plans
City Council Agenda Briefing 5b
City of Colleyville Page 6
7.Tree Mitigation Plans
8.Notification Map
9.Notification List
10.Property Owner Notification
11.Letters of Opposition
12.Resolution R-21-4575
203
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101
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71097215
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317 JOHN MCCAIN ROAD
STILLWATER CIR
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W A T E R F A L L C O U R T CAST IRON
FOREST
TRAIL
Aerial Map
DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist.
KPC20-006
105 & 103 John McCain Rd and 7189 Cast Iron Forest Trl
Subject Property
203
101
7204
105
200
101
205
105
206
213
104108
207
200
7215
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201
202
100204
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208
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COLDEN COURT
STILLWATER CIR
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CAST IRON
FOREST
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W A T ER FA L L C O U R T
R-30
AG R-40
PUD-R
PUD-R
PUD-R
AG
Zoning Map
DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist.
KPC20-006
105 & 103 John McCain Rd and 7189 Cast Iron Forest Trl
Subject Property
203
101
7204
105
200
101
205
113
105
206
104108
207
200
7215
201
202
100204
109
204
7105
103
200 204
105
104
7189
104
101
6901
71097215
100
7209
317
J
OHNMC
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NR
O
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COLDEN COURT
STILLWATER CIRCLE
CAST IRON
FOREST
TRAIL
W A TERFA L L C O U R T
Future Land Use Map
DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist.
KPC20-006
105 & 103 John McCain Rd and 7189 Cast Iron Forest Trl
Subject Property
Residential
Open Space; Parks
N 80°18'50" E 267.95'N 01°05'15" W 71.04'SLSLSLSLSLSLSLSLSLSLSLSLSLSLSLSLSLSLSLSLSLSLSLSLSSL SL SL
SL SL SL SL SL SL SL SL SL SL SL SL SL SL SL SL SL SL SL SL SL SL SL SL SL SL SL SL SL SLSLSLSLSLSLSLSLSLSLS 89°00'13" W 194.02'N 16°10'52" W 248.30'S 00°51'07" E 417.47'CIRS1/2"IRFCIRS1/2"CIRF"BEASLEY"1/2"IRFCIRS1/2"IRF1/2"CIRF"RPLS4050"CIRS2.63'C1C2 CLCLCLCLCLCLLOT 1, BLOCK EOLD GROVE ADDITIONCAB. A, PG. 9807P.R.T.C.T.LOT 9, BLOCK COLD GROVE ADDITIONCAB. A, PG. 9807P.R.T.C.T.LOT 16, BLOCK AOLD GROVE ADDITIONCAB. A, PG. 9807P.R.T.C.T.LOT 3, BLOCK 1NEIDHOLT ADDITIONVOL. 388-123, PG. 64P.R.T.C.T.CLCLCLCLCLCLCLCLCLCLCLJ O H N M c C A I N R O A DVARIABLE WIDTH RIGHT-OF-WAY(OPEN SPACE)LOT 17X, BLOCK AOLD GROVE ADDITIONCAB. A, PG. 9807P.R.T.C.T.D.J.BEDDO SURVEYABSTRACT NO. 232LOT 2, BLOCK 1NEIDHOLT ADDITIONVOL. 388-123, PG. 64P.R.T.C.T.LOT 1, BLOCK 1NEIDHOLT ADDITIONVOL. 388-123, PG. 64P.R.T.C.T.RIGHT-OF-WAY DEDICATIONVOL. 388-123, PG. 64P.R.T.C.T.ABANDONED BYCC#________________O.P.R.T.C.T.LOT 2X, BLOCK EOLD GROVE ADDITIONCAB. A, PG. 9807P.R.T.C.T.RIGHT-OF-WAY DEDICATIONVOL. 388-123, PG. 64P.R.T.C.T.L O T 3XOPEN SPACE0.09 ACRES4,014 SQ. FEETB L O C K 1L O T 11.20 ACRES52,433 SQ. FEETL O T 20.90 ACRES39,354 SQ. FEET10' BUILDING LINE10' BUILDING LINE10' BUILDING LINE30' DRAINAGEEASEMENT25' BUILDING LINE25' BUILDING LINE16' DRAINAGE & UTILITY EASEMENT
25' BUILDING LINE
5' UTILITY EASEMENTCAB. A, PG. 9807P.R.T.C.T.10' UTILITY EASEMENTCAB. A, PG. 9807 P.R.T.C.T.10' BUILDING LINE25' BUILDING LINE
10' UTILITY EASEMENTCAB. A, PG. 9807P.R.T.C.T.29' TRAILEASEMENT180.00'
222.90'14.57'186.45'35.23'1
(
1
(
15.08'14.29'C A S T I R O N F O R E S T R O A DVARIABLE WIDTH RIGHT-OF-WAYCLCLCLCLCLCLCLCLCLCLCLCLCLCLCLCLCLCLCLCLRIGHT-OF-WAYDEDICATION13 SQ. FEET(SEE DETAIL)N 60°22'47" E1.55'S 85°34'15" E25.0'25.0'25.0'22.5'LOT 5, BLOCK DOLD GROVE ADDITIONCAB. A, PG. 9807P.R.T.C.T.LOT 6, BLOCK DOLD GROVE ADDITIONCAB. A, PG. 9807P.R.T.C.T.W A T E R F A L L C O U R T50' RIGHT-OF-WAYCLCLCLCLCLCLCLLOT 1X, BLOCK FOLD GROVE ADDITIONCAB. A, PG. 9807P.R.T.C.T.S T I L L W A T E R C I R C L E40' RIGHT-OF-WAYPOBN:7016829.68E:2377158.68N:7017250.68E:2377343.8410' UTILITY EASEMENTVOL. 388-123, PG. 64 P.R.T.C.T.10' UTILITY EASEMENT
VOL. 388-123, PG. 64 P.R.T.C.T.LOT 20, BLOCK CWESTMONTCAB.A, PG. 6060/6061P.R.T.C.T.LOT 19, BLOCK CWESTMONTCAB.A, PG. 6060/6061P.R.T.C.T.RIGHT-OF-WAY DEDICATIONCAB. A, PG. 6060/6061P.R.T.C.T.12' DRAINAGE & UTILITY EASEMENTCAB. A, PG. 6060/6061 P.R.T.C.T.12' DRAINAGE & UTILITY EASEMENT
CAB. A, PG. 6060/6061P.R.T.C.T.WILLIAM E. CROOKS SURVEYABSTRACT NO. 295MARY M. FREEMAN SURVEYABSTRACT NO. 533ROBERT WILLIAMS SURVEYABSTRACT NO. 167412' DRAINAGE & UTILITY EASEMENTCAB. A, PG. 6060/6061 P.R.T.C.T.12' DRAINAGE & UTILITY EASEMENT
CAB. A, PG. 6060/6061P.R.T.C.T.12' DRAINAGE & UTILITY EASEMENTCAB. A, PG. 6060/6061 P.R.T.C.T.10' UTILITY EASEMENTVOL. 388-123, PG. 64 P.R.T.C.T.41.82'14.13'L3L4CIRS1/2"CIRF"RPLS4050"L1L2C3CLCLCLCLCLCL23.5'RIGHT-OF-WAYDEDICATION13 SQ. FEET25.0'25.0'SITELOCATIONPLEASANT RUN RDL D LOCKETT RDPRECINCT LINE RD DAVIS BLVDMcDONWELL SCHOOL RDOLD GROVE RDBANDIT TRAILJOHN McCAIN RDCAST IRONFOREST TRAILDrafterProjectDateTAR08/17/20201912.003-01VICINITY MAP(NOT TO SCALE)EAGLE SURVEYING, LLC210 S. Elm Street, Suite: 104Denton, TX 76201(940) 222-3009TX Firm #10194177SURVEYOREagle Surveying, LLC210 S. Elm Street, Suite 104Denton, TX 76201(940) 222-3009ENGINEERPape-Dawson Engineers, Inc.One Ridgmar Centre6500 West Fwy, Suite 700Fort Worth, TX 76116(817) 870-3668= DOCUMENT NUMBERDOC. NO.= CAPPED IRON ROD FOUNDCIRFDEED RECORDS,D.R.D.C.T.= VOLUMEVOL= PAGEPGDENTON COUNTY, TEXAS=OFFICIAL PUBLIC RECORDS,O.P.R.D.C.T.DENTON COUNTY, TEXAS=LEGEND= POINT OF BEGINNINGPOBPRELIMINARYthis document shall not be recordedfor any purpose and shall not beused or viewed or relied upon as afinal survey document= IRON ROD FOUNDIRFOWNERToll Dallas TX, LLC2557 Grapevine Parkway, Suite 100Grapevine, TX 76051(817)329-8770PAGE 1 OF 1NCURVE TABLECURVEARC LENGTHRADIUSDELTA ANGLECHORD BEARINGCHORD LENGTHC137.35'245.00'
1
:37.32'C229.38'75.00'
1
:29.19'C327.04'244.70'
6
(27.02'1.) The purpose of this plat is to reconfigure former Lots 1 & 2 of the NeidholtAddition to face Cast Iron Forest Trail instead of John McCain Road.2.)This property is located in "Non-shaded Zone X" according to the F.E.M.A. FloodInsurance Rate Map dated September 25, 2009 as shown on Map Number48439C0095K.3.)The grid coordinates shown on this plat are based on GPS observations utilizingthe AllTerra RTK Network. North American Datum of 1983 (AdjsutmentRealization of 2011).4.)Selling a portion of this addition by metes and bounds is a violation of CityOrdinance and State Law, and is subject to fines and/or withholding of utilitiesand building permits.5.) All interior property corners are marked with a 1/2-inch iron rod with a greenplastic cap stamped "EAGLE SURVEYING" unless noted otherwise.6.)The bearings shown on this plat are based on GPS observations utilizing theAllTerra RTK Network. North American Datum of 1983 (Adjsutment Realizationof 2011).7.)DRAINAGE EASEMENT RESTRICTION: No construction of filling, without thewritten approval of the City of Colleyville shall be allowed within a drainageeasement, and then only after detailed engineering plans and studies show thatno flooding will result, that no obstruction to the natural flow of water will result,and subject to all owners of property affected by such construction becoming aparty to the request. Where construction is permitted. All finished floor elevationsshall be a minimum of two (2) feet above the 100-year flood elevation.8.)UTILITY EASEMENTS: Any public utility, including the City of Colleyville, shallhave the right to move and keep removed all part of any building, fence, shrubs,other growths or improvements which in any way endanger or interfere with theconstruction, maintenance, or efficiency of it's respective systems on any of theutility easements shown on the plat; and any public utility, including the City ofColleyville, shall have the right at all times of ingress and egress to and from andupon said utility easement of the purpose of construction, reconstruction,inspection, patrolling, maintaining and adding to or removing all or part of itsrespective systems without the necessity at any time of procuring the permissionof anyone.9.)The maintenance of all drainage and utility easements located on privateproperty are the responsibility of the owner.10.) Open Space Lot 3X, Block A, to be maintained by HOA.GENERAL NOTESLINE TABLELINEBEARINGDISTANCEL11
:26.62'L21
(1.55'DETAILSCALE 1" = 10'NOWNER'S CERTIFICATE & DEDICATIONSTATE OF TEXAS§COUNTY OF TARRANT§WHEREAS, TOLL DALLAS TX, LLC, is the owner of a 2.20 acre tract of land out of the D.J. Beddo Survey, Abstract Number 232,City of Colleyville, Tarrant County, Texas, being all of Lot 2X, Block E of Old Grove Addition, a subdivision of record in Cabinet A,Page 9807 of the Plat Records of Tarrant County, Texas, all of Lots 1 and 2, Block 1, and a portion of a Right-of-Way Dedication ofNeidholt Addition, a subdivision of record in Volume 388-123, Page 64 of said Plat Records, and being more particularly describedby metes and bounds as follows:BEGINNING, at a 1/2" iron rod found in the East Right-of-Way line of Cast Iron Forest Road (Variable Width R.O.W.) being theNorthwest corner of Lot 16, Block A of Old Grove Addition, also being the Southwest corner of Lot 1, Block 1 of Neidholt Addition;THENCE1
:DORQJWKH(DVW5LJKWRI:D\OLQHRI&DVW,URQ)RUHVW5RDGEHLQJWKH:HVWOLQHRI/RW%ORFNRI1HLGKROWAddition in part, also being the West line of the Right-of-Way Dedication of Neidholt Addition a distance of 248.30 feet to a 1/2" ironURGZLWKJUHHQSODVWLFFDSVWDPSHG³($*/(6859(<,1*´VHWDWWKH1RUWKZHVWFRUQHURIWKH5LJKWRI:D\'HGLFDWLRQRI1HLGKROWAddition;THENCE1
(DORQJWKH(DVW5LJKWRI:D\OLQHRI&DVW,URQ)RUHVW5RDGEHLQJWKH1RUWKOLQHRIWKH5LJKWRI:D\'HGLFDWLRQRI1HLGKROW$GGLWLRQDGLVWDQFHRIIHHWWRDLURQURGZLWKD\HOORZSODVWLFFDSVWDPSHG³53/6´IRXQGDWWKHSouthwest corner of Lot 2X, Block E of Old Grove Addition, also being the beginning of a non-tangent curve to the right;THENCE, leaving the North line of the Right-of-Way dedication of Neidholt Addition along the East Right-of-Way line of Cast IronForest Road, being the West line of Lot 2X, Block E of Old Grove Addition, along said non-tangent curve to the right, having a radiusRIIHHWDFKRUGEHDULQJRI1
:DFKRUGOHQJWKRIIHHWDGHOWDDQJOHRI
DQDUFOHQJWKRIIHHWWRDLURQURGZLWK\HOORZSODVWLFFDSVWDPSHG³%($6/(<´IRXQG THENCE1
:DORQJWKH(DVW5LJKWRI:D\OLQHRI&DVW,URQ)RUHVW5RDGEHLQJWKH:HVWOLQHRI/RW;%ORFN(RI2OGGrove Addition, a distance of 71.04 feet to a 1/2" iron rod at the beginning of a non-tangent curve to the left;THENCE, along the East Right-of-Way line of Cast Iron Forest Road, being the West line of Lot 2X, Block E of Old Grove Addition,DORQJVDLGQRQWDQJHQWFXUYHWRWKHOHIWKDYLQJDUDGLXVRIIHHWDFKRUGEHDULQJRI1
:DFKRUGOHQJWKRI IHHWDGHOWDDQJOHRI
DQDUFOHQJWKRI IHHWWRDLURQURGZLWKJUHHQSODVWLFFDSVWDPSHG³($*/(6859(<,1*´VHWDWWKH6RXWKZHVWFRUQHURI/RW%ORFN(RI2OG*URYH$GGLWLRQEHLQJWKH1RUWKZHVWFRUQHURI/RW;%ORFN(RIOld Grove Addition;THENCE1
(DORQJWKH6RXWKOLQHRI/RW%ORFN(RI2OG*URYH$GGLWLRQEHLQJWKH1RUWKOLQHRI/RW;%ORFN(RI2OGGrove Addition, a distance of 267.95 feet to a 1/2" iron rod found in the Southwest Right-of-Way line of John McCain Road (VariableWidth Right-of-Way) being the Southeast corner of Lot 1, Block E of Old Grove Addition, also being the East corner of Lot 2X, BlockE of Old Grove Addition, also being a point in the North line of the Right-of-Way Dedication of Neidholt Addition;THENCE6
(DORQJWKH6RXWKZHVW5LJKWRI:D\OLQHRI-RKQ0F&DLQ5RDGEHLQJWKH1RUWKOLQHRIWKH5LJKWRI:D\'HGLFDWLRQRI1HLGKROW$GGLWLRQDGLVWDQFHRIDGLVWDQFHRIIHHWWRDLURQURGZLWKJUHHQFDSVWDPSHG³($*/(6859(<,1*´VHWDWWKH1RUWKHDVWFRUQHUKHUHRI THENCE6
(OHDYLQJWKH6RXWK5LJKWRI:D\OLQHRI-RKQ0F&DLQ5RDGRYHUDQGDFURVVWKH5LJKWRI:D\GHGLFDWLRQRINeidholt Addition in part, passing the Northwest corner of Lot 3, Block 1 of Neidholt Addition, being the Northeast corner ofLot 2, Block 1 of Neidholt Addition, continuing along the West line of Lot 3, Block 1 of Neidholt Addition, being the East line of/RW%ORFNRI1HLGKROW$GGLWLRQDGLVWDQFHRIIHHWWRDLURQURGZLWKJUHHQSODVWLFFDSVWDPSHG³($*/(6859(<,1*´VHWLQWKH1RUWKOLQHRI/RW;%ORFN$RI2OG*URYH$GGLWLRQEHLQJWKH6RXWKZHVWFRUQHURI/RW%ORFNRINeidholt Addition, also being the Southeast corner of Lot 2, Block 1 of Neidholt Addition;THENCE6
:DORQJWKH6RXWKOLQHVRI/RWVDQG%ORFNRI1HLGKROW$GGLWLRQEHLQJWKH1RUWKOLQHRI/RW;%ORFN$of Old Grove Addition in part, also being the North lien of Lot 16, Block A of Old Grove Addition in part, a distance of 194.02 feet tothe POINT OF BEGINNING and containing an area of 2.20 Acres, or (95815 Square Feet) of land, more or less.NOW THEREFORE KNOW ALL MEN BY THESE PRESENTS:THAT, TOLL DALLAS TX, LLC, does hereby adopt this plat, designating herein described property as OLD GROVE ADDITION,PHASE II an addition to the City of Colleyville, Tarrant County, Texas, and do hereby dedicate fee simple to the public use foreverall streets, rights-of-way, and alleys shown thereon, and do hereby reserve the easements shown on this plat for the mutual use andaccommodation of all public utilities desiring to use or using the same. Any public utility shall have the right to remove and keepremoved all or part of any buildings, fences, trees, shrubs or other improvements or growths in which any way endanger or interferewith the construction , maintenance or efficiency of its respective systems on any of these easements, and any public utility shall atall times have the right of ingress and egress to and from and upon the said easement for the purpose of constructing,reconstructing, inspecting, and patrolling, without the necessity at any time of procuring the permission of anyone. This platapproved subject to all platting ordinances, rules, regulations, and resolutions of the City of Colleyville, Texas.OWNER: TOLL DALLAS TX, LLC, a Texas limited liability companyBY: ___________________________________________________________ Authorized Agent DateNAME: _________________________________ Print nameSTATE OF TEXAS§COUNTY OF ____________§BEFORE ME, the undersigned authority, on this day personally appeared ___________________________, known to me to be theperson whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for thepurposes and considerations therein expressed and in the capacity therein stated.GIVEN UNDER MY HAND AND SEAL OF THE OFFICE this _______ day of _______________________, 2020._________________________________________Notary Public in and for the State of TexasCERTIFICATE OF SURVEYORSTATE OF TEXAS§COUNTY OF DENTON§I, MATTHEW RAABE, Registered Professional Land Surveyor, do hereby certify that this plat was prepared from an actual surveymade on the ground and that the monuments shown hereon were found or placed with 1/2-inch iron rods with green plastic capsstamped "EAGLE SURVEYING" under my direction and supervision in accordance with the current provisions of the TexasAdministrative Code and the Ordinances of the City of Colleyville, Tarrant County, Texas.________________________________________________________Matthew Raabe, R.P.L.S. # 6402 DateREPLATOLD GROVE ADDITION, PHASE IILOTS 1-3X, BLOCK 12.20 ACRESA REPLAT OF LOTS 1 & 2, BLOCK 1 OF NEIDHOLT ADDITIONRECORDED IN VOLUME 388-123, PAGE 64, P.R.T.C.T.AND LOT 2X, BLOCK E OF OLD GROVE ADDITIONRECORDED IN CABINET A, PAGE 9807, P.R.T.C.T.,D.J. BEDDO SURVEY, ABSTRACT NO. 232,CITY OF COLLEYVILLE, TARRANT COUNTY, TEXAS1" = 30'03015Whereas, the Planning and Zoning Commission of the City of Colleyville, Texasvoted affirmatively on this _____ day of _________, 2020 to approve this plat.__________________________________________Chairman, Planning and Zoning Commission__________________________________________Attest: Secretary, Planning and Zoning CommissionPLANNING AND ZONING COMMISSION APPROVALWhereas, the City Council of the City of Colleyville, Texas voted affirmatively on this_____ day of _________, 2020 to approve this plat.__________________________________________Mayor, City of Colleyville__________________________________________Attest: City SecretaryCITY COUNCIL APPROVAL= CABINETCAB= CAPPED IRON ROD SETCIRSL36
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F O R T W O R T H S A N A N T O N I O A U S T I N H O U S T O N D A L L A SCONSTRUCTION DOCUMENTSOLD GROVE - GRADING AND DRAINAGE UTILITY NOTETHIS DOCUMENT ISRELEASED FOR"REVIEW PURPOSES"UNDER THEAUTHORIZATION OFMATTHEW L. MALY,P.E. #120494 OCTOBER 12, 2020.IT IS NOT FORCONSTRUCTION ORPERMIT PURPOSES.SEC OF STILLWATER CIRCLE AND CAST IRON FOREST TRAIL
COLLEYVILLE, TEXAS LEGENDC4.0 GRADING PLAN
GRADING NOTESRETAINING WALL GRADING DETAILFLUME DETAIL (SECTION A-A)EARTHEN SWALE DETAIL (SECTION C-C)
F O R T W O R T H S A N A N T O N I O A U S T I N H O U S T O N D A L L A S
TEXAS BOARD OF PROFESSIONAL ENGINEERS, FIRM REGISTRATION #470
6 5 0 0 W E S T F W Y , S T E 7 0 0 F O R T W O R T H , T X 7 6 1 1 6 8 1 7 .8 7 0.3 6 6 8
OLD GROVE - GRADING AND DRAINAGE
COLLEYVILLE, TEXAS
EXHGRADING EXHIBIT FLUME DETAIL (SECTION A-A)EARTHEN SWALE DETAIL (SECTION C-C)CCBABA
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OLD GROVE - GRADING AND DRAINAGE
PD JOB NO. 61233-01 OLD GROVE - GRADING AND DRAINAGECOLLEYVILLE, TARRANT COUNTY, TEXAS
CIVIL CONSTRUCTION PLANS
TOLL DALLAS TX, LLC
2555 SW GRAPEVINE PKWY, STE 100
GRAPEVINE, TEXAS 76051
SITE
C0.00
CONSTRUCTION DOCUMENTS
TE X AS B OA RD O F P RO F E SSIO N A L EN G I NE E R S F I RM RE GI ST R AT I ON #470
6 5 0 0 W E S T F W Y , S T E 7 0 0 F O R T W O R T H , T X 7 6 1 1 6 8 1 7 .8 7 0 .3 6 6 8
F O R T W O R T H S A N A N T O N I O A U S T I N H O U S T O N D A L L A S
OCTOBER 2020
SHEET INDEX
Sheet Description Sheet No.
COVER SHEET C0.0
FINAL PLAT C1.0
GENERAL NOTES C2.0
SITE & UTILITY PLAN C3.0
GRADING PLAN C4.0
EXISTING DRAINAGE AREA MAP C5.0
PROPOSED DRAINAGE AREA MAP C5.1
DRAINAGE & DETENTION PLAN C5.2
DRAINAGE & DETENTION CALCULATIONS C5.3
EROSION CONTROL PLAN C6.0
CONSTRUCTION DETAILS C7.0
THIS DOCUMENT IS
RELEASED FOR
"REVIEW PURPOSES"
UNDER THE
AUTHORIZATION OF
MATTHEW L. MALY,
P.E. #120494
OCTOBER 12, 2020.
IT IS NOT FOR
CONSTRUCTION OR
PERMIT PURPOSES.
N 80°18'50" E 267.95'N 01°05'15" W 71.04'SLSLSLSLSLSLSLSLSLSLSLSLSLSLSLSLSLSLSLSLSLSLSLSLSSL SL SL
SL SL SL SL SL SL SL SL SL SL SL SL SL SL SL SL SL SL SL SL SL SL SL SL SL SL SL SL SL SLSLSLSLSLSLSLSLSLSLS 89°00'13" W 194.02'N 16°10'52" W 248.30'S 00°51'07" E 417.47'CIRS1/2"IRFCIRS1/2"CIRF"BEASLEY"1/2"IRFCIRS1/2"IRF1/2"CIRF"RPLS4050"CIRS2.63'C1C2 CLCLCLCLCLCLLOT 1, BLOCK EOLD GROVE ADDITIONCAB. A, PG. 9807P.R.T.C.T.LOT 9, BLOCK COLD GROVE ADDITIONCAB. A, PG. 9807P.R.T.C.T.LOT 16, BLOCK AOLD GROVE ADDITIONCAB. A, PG. 9807P.R.T.C.T.LOT 3, BLOCK 1NEIDHOLT ADDITIONVOL. 388-123, PG. 64P.R.T.C.T.CLCLCLCLCLCLCLCLCLCLCLJ O H N M c C A I N R O A DVARIABLE WIDTH RIGHT-OF-WAY(OPEN SPACE)LOT 17X, BLOCK AOLD GROVE ADDITIONCAB. A, PG. 9807P.R.T.C.T.D.J.BEDDO SURVEYABSTRACT NO. 232LOT 2, BLOCK 1NEIDHOLT ADDITIONVOL. 388-123, PG. 64P.R.T.C.T.LOT 1, BLOCK 1NEIDHOLT ADDITIONVOL. 388-123, PG. 64P.R.T.C.T.RIGHT-OF-WAY DEDICATIONVOL. 388-123, PG. 64P.R.T.C.T.ABANDONED BYCC#________________O.P.R.T.C.T.LOT 2X, BLOCK EOLD GROVE ADDITIONCAB. A, PG. 9807P.R.T.C.T.RIGHT-OF-WAY DEDICATIONVOL. 388-123, PG. 64P.R.T.C.T.L O T 3XOPEN SPACE0.09 ACRES4,014 SQ. FEETB L O C K 1L O T 11.20 ACRES52,433 SQ. FEETL O T 20.90 ACRES39,354 SQ. FEET10' BUILDING LINE10' BUILDING LINE10' BUILDING LINE30' DRAINAGEEASEMENT25' BUILDING LINE25' BUILDING LINE16' DRAINAGE & UTILITY EASEMENT
25' BUILDING LINE
5' UTILITY EASEMENTCAB. A, PG. 9807P.R.T.C.T.10' UTILITY EASEMENTCAB. A, PG. 9807 P.R.T.C.T.10' BUILDING LINE25' BUILDING LINE
10' UTILITY EASEMENTCAB. A, PG. 9807P.R.T.C.T.29' TRAILEASEMENT180.00'
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VOL. 388-123, PG. 64 P.R.T.C.T.LOT 20, BLOCK CWESTMONTCAB.A, PG. 6060/6061P.R.T.C.T.LOT 19, BLOCK CWESTMONTCAB.A, PG. 6060/6061P.R.T.C.T.RIGHT-OF-WAY DEDICATIONCAB. A, PG. 6060/6061P.R.T.C.T.12' DRAINAGE & UTILITY EASEMENTCAB. A, PG. 6060/6061 P.R.T.C.T.12' DRAINAGE & UTILITY EASEMENT
CAB. A, PG. 6060/6061P.R.T.C.T.WILLIAM E. CROOKS SURVEYABSTRACT NO. 295MARY M. FREEMAN SURVEYABSTRACT NO. 533ROBERT WILLIAMS SURVEYABSTRACT NO. 167412' DRAINAGE & UTILITY EASEMENTCAB. A, PG. 6060/6061 P.R.T.C.T.12' DRAINAGE & UTILITY EASEMENT
CAB. A, PG. 6060/6061P.R.T.C.T.12' DRAINAGE & UTILITY EASEMENTCAB. A, PG. 6060/6061 P.R.T.C.T.10' UTILITY EASEMENTVOL. 388-123, PG. 64 P.R.T.C.T.41.82'14.13'L3L4CIRS1/2"CIRF"RPLS4050"L1L2C3CLCLCLCLCLCL23.5'RIGHT-OF-WAYDEDICATION13 SQ. FEET25.0'25.0'SITELOCATIONPLEASANT RUN RDL D LOCKETT RDPRECINCT LINE RD DAVIS BLVDMcDONWELL SCHOOL RDOLD GROVE RDBANDIT TRAILJOHN McCAIN RDCAST IRONFOREST TRAILDrafterProjectDateTAR08/17/20201912.003-01VICINITY MAP(NOT TO SCALE)EAGLE SURVEYING, LLC210 S. Elm Street, Suite: 104Denton, TX 76201(940) 222-3009TX Firm #10194177SURVEYOREagle Surveying, LLC210 S. Elm Street, Suite 104Denton, TX 76201(940) 222-3009ENGINEERPape-Dawson Engineers, Inc.One Ridgmar Centre6500 West Fwy, Suite 700Fort Worth, TX 76116(817) 870-3668= DOCUMENT NUMBERDOC. NO.= CAPPED IRON ROD FOUNDCIRFDEED RECORDS,D.R.D.C.T.= VOLUMEVOL= PAGEPGDENTON COUNTY, TEXAS=OFFICIAL PUBLIC RECORDS,O.P.R.D.C.T.DENTON COUNTY, TEXAS=LEGEND= POINT OF BEGINNINGPOBPRELIMINARYthis document shall not be recordedfor any purpose and shall not beused or viewed or relied upon as afinal survey document= IRON ROD FOUNDIRFOWNERToll Dallas TX, LLC2557 Grapevine Parkway, Suite 100Grapevine, TX 76051(817)329-8770PAGE 1 OF 1NCURVE TABLECURVEARC LENGTHRADIUSDELTA ANGLECHORD BEARINGCHORD LENGTHC137.35'245.00'
1
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(27.02'1.) The purpose of this plat is to reconfigure former Lots 1 & 2 of the NeidholtAddition to face Cast Iron Forest Trail instead of John McCain Road.2.)This property is located in "Non-shaded Zone X" according to the F.E.M.A. FloodInsurance Rate Map dated September 25, 2009 as shown on Map Number48439C0095K.3.)The grid coordinates shown on this plat are based on GPS observations utilizingthe AllTerra RTK Network. North American Datum of 1983 (AdjsutmentRealization of 2011).4.)Selling a portion of this addition by metes and bounds is a violation of CityOrdinance and State Law, and is subject to fines and/or withholding of utilitiesand building permits.5.) All interior property corners are marked with a 1/2-inch iron rod with a greenplastic cap stamped "EAGLE SURVEYING" unless noted otherwise.6.)The bearings shown on this plat are based on GPS observations utilizing theAllTerra RTK Network. North American Datum of 1983 (Adjsutment Realizationof 2011).7.)DRAINAGE EASEMENT RESTRICTION: No construction of filling, without thewritten approval of the City of Colleyville shall be allowed within a drainageeasement, and then only after detailed engineering plans and studies show thatno flooding will result, that no obstruction to the natural flow of water will result,and subject to all owners of property affected by such construction becoming aparty to the request. Where construction is permitted. All finished floor elevationsshall be a minimum of two (2) feet above the 100-year flood elevation.8.)UTILITY EASEMENTS: Any public utility, including the City of Colleyville, shallhave the right to move and keep removed all part of any building, fence, shrubs,other growths or improvements which in any way endanger or interfere with theconstruction, maintenance, or efficiency of it's respective systems on any of theutility easements shown on the plat; and any public utility, including the City ofColleyville, shall have the right at all times of ingress and egress to and from andupon said utility easement of the purpose of construction, reconstruction,inspection, patrolling, maintaining and adding to or removing all or part of itsrespective systems without the necessity at any time of procuring the permissionof anyone.9.)The maintenance of all drainage and utility easements located on privateproperty are the responsibility of the owner.10.) Open Space Lot 3X, Block A, to be maintained by HOA.GENERAL NOTESLINE TABLELINEBEARINGDISTANCEL11
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(1.55'DETAILSCALE 1" = 10'NOWNER'S CERTIFICATE & DEDICATIONSTATE OF TEXAS§COUNTY OF TARRANT§WHEREAS, TOLL DALLAS TX, LLC, is the owner of a 2.20 acre tract of land out of the D.J. Beddo Survey, Abstract Number 232,City of Colleyville, Tarrant County, Texas, being all of Lot 2X, Block E of Old Grove Addition, a subdivision of record in Cabinet A,Page 9807 of the Plat Records of Tarrant County, Texas, all of Lots 1 and 2, Block 1, and a portion of a Right-of-Way Dedication ofNeidholt Addition, a subdivision of record in Volume 388-123, Page 64 of said Plat Records, and being more particularly describedby metes and bounds as follows:BEGINNING, at a 1/2" iron rod found in the East Right-of-Way line of Cast Iron Forest Road (Variable Width R.O.W.) being theNorthwest corner of Lot 16, Block A of Old Grove Addition, also being the Southwest corner of Lot 1, Block 1 of Neidholt Addition;THENCE1
:DORQJWKH(DVW5LJKWRI:D\OLQHRI&DVW,URQ)RUHVW5RDGEHLQJWKH:HVWOLQHRI/RW%ORFNRI1HLGKROWAddition in part, also being the West line of the Right-of-Way Dedication of Neidholt Addition a distance of 248.30 feet to a 1/2" ironURGZLWKJUHHQSODVWLFFDSVWDPSHG³($*/(6859(<,1*´VHWDWWKH1RUWKZHVWFRUQHURIWKH5LJKWRI:D\'HGLFDWLRQRI1HLGKROWAddition;THENCE1
(DORQJWKH(DVW5LJKWRI:D\OLQHRI&DVW,URQ)RUHVW5RDGEHLQJWKH1RUWKOLQHRIWKH5LJKWRI:D\'HGLFDWLRQRI1HLGKROW$GGLWLRQDGLVWDQFHRIIHHWWRDLURQURGZLWKD\HOORZSODVWLFFDSVWDPSHG³53/6´IRXQGDWWKHSouthwest corner of Lot 2X, Block E of Old Grove Addition, also being the beginning of a non-tangent curve to the right;THENCE, leaving the North line of the Right-of-Way dedication of Neidholt Addition along the East Right-of-Way line of Cast IronForest Road, being the West line of Lot 2X, Block E of Old Grove Addition, along said non-tangent curve to the right, having a radiusRIIHHWDFKRUGEHDULQJRI1
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:DORQJWKH(DVW5LJKWRI:D\OLQHRI&DVW,URQ)RUHVW5RDGEHLQJWKH:HVWOLQHRI/RW;%ORFN(RI2OGGrove Addition, a distance of 71.04 feet to a 1/2" iron rod at the beginning of a non-tangent curve to the left;THENCE, along the East Right-of-Way line of Cast Iron Forest Road, being the West line of Lot 2X, Block E of Old Grove Addition,DORQJVDLGQRQWDQJHQWFXUYHWRWKHOHIWKDYLQJDUDGLXVRIIHHWDFKRUGEHDULQJRI1
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(DORQJWKH6RXWKOLQHRI/RW%ORFN(RI2OG*URYH$GGLWLRQEHLQJWKH1RUWKOLQHRI/RW;%ORFN(RI2OGGrove Addition, a distance of 267.95 feet to a 1/2" iron rod found in the Southwest Right-of-Way line of John McCain Road (VariableWidth Right-of-Way) being the Southeast corner of Lot 1, Block E of Old Grove Addition, also being the East corner of Lot 2X, BlockE of Old Grove Addition, also being a point in the North line of the Right-of-Way Dedication of Neidholt Addition;THENCE6
(DORQJWKH6RXWKZHVW5LJKWRI:D\OLQHRI-RKQ0F&DLQ5RDGEHLQJWKH1RUWKOLQHRIWKH5LJKWRI:D\'HGLFDWLRQRI1HLGKROW$GGLWLRQDGLVWDQFHRIDGLVWDQFHRIIHHWWRDLURQURGZLWKJUHHQFDSVWDPSHG³($*/(6859(<,1*´VHWDWWKH1RUWKHDVWFRUQHUKHUHRI THENCE6
(OHDYLQJWKH6RXWK5LJKWRI:D\OLQHRI-RKQ0F&DLQ5RDGRYHUDQGDFURVVWKH5LJKWRI:D\GHGLFDWLRQRINeidholt Addition in part, passing the Northwest corner of Lot 3, Block 1 of Neidholt Addition, being the Northeast corner ofLot 2, Block 1 of Neidholt Addition, continuing along the West line of Lot 3, Block 1 of Neidholt Addition, being the East line of/RW%ORFNRI1HLGKROW$GGLWLRQDGLVWDQFHRIIHHWWRDLURQURGZLWKJUHHQSODVWLFFDSVWDPSHG³($*/(6859(<,1*´VHWLQWKH1RUWKOLQHRI/RW;%ORFN$RI2OG*URYH$GGLWLRQEHLQJWKH6RXWKZHVWFRUQHURI/RW%ORFNRINeidholt Addition, also being the Southeast corner of Lot 2, Block 1 of Neidholt Addition;THENCE6
:DORQJWKH6RXWKOLQHVRI/RWVDQG%ORFNRI1HLGKROW$GGLWLRQEHLQJWKH1RUWKOLQHRI/RW;%ORFN$of Old Grove Addition in part, also being the North lien of Lot 16, Block A of Old Grove Addition in part, a distance of 194.02 feet tothe POINT OF BEGINNING and containing an area of 2.20 Acres, or (95815 Square Feet) of land, more or less.NOW THEREFORE KNOW ALL MEN BY THESE PRESENTS:THAT, TOLL DALLAS TX, LLC, does hereby adopt this plat, designating herein described property as OLD GROVE ADDITION,PHASE II an addition to the City of Colleyville, Tarrant County, Texas, and do hereby dedicate fee simple to the public use foreverall streets, rights-of-way, and alleys shown thereon, and do hereby reserve the easements shown on this plat for the mutual use andaccommodation of all public utilities desiring to use or using the same. Any public utility shall have the right to remove and keepremoved all or part of any buildings, fences, trees, shrubs or other improvements or growths in which any way endanger or interferewith the construction , maintenance or efficiency of its respective systems on any of these easements, and any public utility shall atall times have the right of ingress and egress to and from and upon the said easement for the purpose of constructing,reconstructing, inspecting, and patrolling, without the necessity at any time of procuring the permission of anyone. This platapproved subject to all platting ordinances, rules, regulations, and resolutions of the City of Colleyville, Texas.OWNER: TOLL DALLAS TX, LLC, a Texas limited liability companyBY: ___________________________________________________________ Authorized Agent DateNAME: _________________________________ Print nameSTATE OF TEXAS§COUNTY OF ____________§BEFORE ME, the undersigned authority, on this day personally appeared ___________________________, known to me to be theperson whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for thepurposes and considerations therein expressed and in the capacity therein stated.GIVEN UNDER MY HAND AND SEAL OF THE OFFICE this _______ day of _______________________, 2020._________________________________________Notary Public in and for the State of TexasCERTIFICATE OF SURVEYORSTATE OF TEXAS§COUNTY OF DENTON§I, MATTHEW RAABE, Registered Professional Land Surveyor, do hereby certify that this plat was prepared from an actual surveymade on the ground and that the monuments shown hereon were found or placed with 1/2-inch iron rods with green plastic capsstamped "EAGLE SURVEYING" under my direction and supervision in accordance with the current provisions of the TexasAdministrative Code and the Ordinances of the City of Colleyville, Tarrant County, Texas.________________________________________________________Matthew Raabe, R.P.L.S. # 6402 DateREPLATOLD GROVE ADDITION, PHASE IILOTS 1-3X, BLOCK 12.20 ACRESA REPLAT OF LOTS 1 & 2, BLOCK 1 OF NEIDHOLT ADDITIONRECORDED IN VOLUME 388-123, PAGE 64, P.R.T.C.T.AND LOT 2X, BLOCK E OF OLD GROVE ADDITIONRECORDED IN CABINET A, PAGE 9807, P.R.T.C.T.,D.J. BEDDO SURVEY, ABSTRACT NO. 232,CITY OF COLLEYVILLE, TARRANT COUNTY, TEXAS1" = 30'03015Whereas, the Planning and Zoning Commission of the City of Colleyville, Texasvoted affirmatively on this _____ day of _________, 2020 to approve this plat.__________________________________________Chairman, Planning and Zoning Commission__________________________________________Attest: Secretary, Planning and Zoning CommissionPLANNING AND ZONING COMMISSION APPROVALWhereas, the City Council of the City of Colleyville, Texas voted affirmatively on this_____ day of _________, 2020 to approve this plat.__________________________________________Mayor, City of Colleyville__________________________________________Attest: City SecretaryCITY COUNCIL APPROVAL= CABINETCAB= CAPPED IRON ROD SETCIRSL36
:30.68'L41
:30.45'
T E XA S B O A R D O F P R OF ESS I ON AL E NG I N E ERS F I R M R E GIS TRAT I O N #470
6 5 0 0 W E S T F W Y , S T E 7 0 0 F O R T W O R T H , T X 7 6 1 1 6 8 1 7 .8 7 0 .3 6 6 8
F O R T W O R T H S A N A N T O N I O A U S T I N H O U S T O N D A L L A SCONSTRUCTION DOCUMENTSOLD GROVE - GRADING AND DRAINAGE THIS DOCUMENT ISRELEASED FOR"REVIEW PURPOSES"UNDER THEAUTHORIZATION OFMATTHEW L. MALY,P.E. #120494 OCTOBER 12, 2020.IT IS NOT FORCONSTRUCTION ORPERMIT PURPOSES.SEC OF STILLWATER CIRCLE AND CAST IRON FOREST TRAIL
COLLEYVILLE, TEXASC2.0 GENERAL NOTES
””””””¾”””¾””
CAST IRON FOREST TRAIL(VARIABLE WIDTH RIGHT-OF-WAY)STILLWATER CIRCLE(40' RIGHT-OF-WAY)WATERFALL COURT(50' RIGHT-OF-WAY)T EXA S BO A R D OF P R OF ES S I ON AL E NG I N EERS F I R M R EG IS TRA TI O N #470
6 5 0 0 W E S T F W Y , S T E 7 0 0 F O R T W O R T H , T X 7 6 1 1 6 8 1 7 .8 7 0 .3 6 6 8
F O R T W O R T H S A N A N T O N I O A U S T I N H O U S T O N D A L L A SCONSTRUCTION DOCUMENTSOLD GROVE - GRADING AND DRAINAGE UTILITY NOTETHIS DOCUMENT ISRELEASED FOR"REVIEW PURPOSES"UNDER THEAUTHORIZATION OFMATTHEW L. MALY,P.E. #120494 OCTOBER 12, 2020.IT IS NOT FORCONSTRUCTION ORPERMIT PURPOSES.SEC OF STILLWATER CIRCLE AND CAST IRON FOREST TRAIL
COLLEYVILLE, TEXAS LEGENDC3.0 SITE & UTILITY PLAN
NOTES
CAST IRON FOREST TRAIL(VARIABLE WIDTH RIGHT-OF-WAY)STILLWATER CIRCLE(40' RIGHT-OF-WAY)WATERFALL COURT(50' RIGHT-OF-WAY)CCA
A
BB6306356406306356400+000+501+001+502+002+503+00DRAINAGE CONVEYANCE1":30' HORIZONTAL1":3' VERTICALT EXA S BO A R D OF P R OF ES S I ON AL E NG I N EERS F I R M R EG IS TRA TI O N #470
6 5 0 0 W E S T F W Y , S T E 7 0 0 F O R T W O R T H , T X 7 6 1 1 6 8 1 7 .8 7 0 .3 6 6 8
F O R T W O R T H S A N A N T O N I O A U S T I N H O U S T O N D A L L A SCONSTRUCTION DOCUMENTSOLD GROVE - GRADING AND DRAINAGE UTILITY NOTETHIS DOCUMENT ISRELEASED FOR"REVIEW PURPOSES"UNDER THEAUTHORIZATION OFMATTHEW L. MALY,P.E. #120494 OCTOBER 12, 2020.IT IS NOT FORCONSTRUCTION ORPERMIT PURPOSES.SEC OF STILLWATER CIRCLE AND CAST IRON FOREST TRAIL
COLLEYVILLE, TEXAS LEGENDC4.0 GRADING PLAN
GRADING NOTESRETAINING WALL GRADING DETAILFLUME DETAIL (SECTION A-A)EARTHEN SWALE DETAIL (SECTION C-C)
CAST IRON FOREST TRAIL(VARIABLE WIDTH RIGHT-OF-WAY)STILLWATER CIRCLE(40' RIGHT-OF-WAY)WATERFALL COURT(50' RIGHT-OF-WAY)0.3811.7720.0530.42O10.41O2T EXA S BO A R D OF P R OF ES S I ON AL E NG I N EERS F I R M R EG IS TRA TI O N #470
6 5 0 0 W E S T F W Y , S T E 7 0 0 F O R T W O R T H , T X 7 6 1 1 6 8 1 7 .8 7 0 .3 6 6 8
F O R T W O R T H S A N A N T O N I O A U S T I N H O U S T O N D A L L A SCONSTRUCTION DOCUMENTSOLD GROVE - GRADING AND DRAINAGE UTILITY NOTETHIS DOCUMENT ISRELEASED FOR"REVIEW PURPOSES"UNDER THEAUTHORIZATION OFMATTHEW L. MALY,P.E. #120494 OCTOBER 12, 2020.IT IS NOT FORCONSTRUCTION ORPERMIT PURPOSES.SEC OF STILLWATER CIRCLE AND CAST IRON FOREST TRAIL
COLLEYVILLE, TEXASC5.0 EXISTING DRAINAGE AREA MAP
NOTESLEGEND
CAST IRON FOREST TRAIL(VARIABLE WIDTH RIGHT-OF-WAY)STILLWATER CIRCLE(40' RIGHT-OF-WAY)WATERFALL COURT(50' RIGHT-OF-WAY)0.3811.7820.42O10.41O20.043T EXA S BO A R D OF P R OF ES S I ON AL E NG I N EERS F I R M R EG IS TRA TI O N #470
6 5 0 0 W E S T F W Y , S T E 7 0 0 F O R T W O R T H , T X 7 6 1 1 6 8 1 7 .8 7 0 .3 6 6 8
F O R T W O R T H S A N A N T O N I O A U S T I N H O U S T O N D A L L A SCONSTRUCTION DOCUMENTSOLD GROVE - GRADING AND DRAINAGE UTILITY NOTETHIS DOCUMENT ISRELEASED FOR"REVIEW PURPOSES"UNDER THEAUTHORIZATION OFMATTHEW L. MALY,P.E. #120494 OCTOBER 12, 2020.IT IS NOT FORCONSTRUCTION ORPERMIT PURPOSES.SEC OF STILLWATER CIRCLE AND CAST IRON FOREST TRAIL
COLLEYVILLE, TEXASC5.1 PROPOSED DRAINAGE AREA MAP
NOTESLEGEND
CAST IRON FOREST TRAIL(VARIABLE WIDTH RIGHT-OF-WAY)STILLWATER CIRCLE(40' RIGHT-OF-WAY)WATERFALL COURT(50' RIGHT-OF-WAY)T EXA S BO A R D OF P R OF ES S I ON AL E NG I N EERS F I R M R EG IS TRA TI O N #470
6 5 0 0 W E S T F W Y , S T E 7 0 0 F O R T W O R T H , T X 7 6 1 1 6 8 1 7 .8 7 0 .3 6 6 8
F O R T W O R T H S A N A N T O N I O A U S T I N H O U S T O N D A L L A SCONSTRUCTION DOCUMENTSOLD GROVE - GRADING AND DRAINAGE UTILITY NOTETHIS DOCUMENT ISRELEASED FOR"REVIEW PURPOSES"UNDER THEAUTHORIZATION OFMATTHEW L. MALY,P.E. #120494 OCTOBER 12, 2020.IT IS NOT FORCONSTRUCTION ORPERMIT PURPOSES.SEC OF STILLWATER CIRCLE AND CAST IRON FOREST TRAIL
COLLEYVILLE, TEXASC5.2 DRAINAGE & DETENTION PLAN
NOTESLEGENDOUTFALL STRUCTURE DETAILPOND SECTIONCURBED FLUMEEARTHEN SWALEGRASS-CRETE SWALE
T EXA S BO A R D OF P R OF ES S I ON AL E NG I N EERS F I R M R EG IS TRA TI O N #470
6 5 0 0 W E S T F W Y , S T E 7 0 0 F O R T W O R T H , T X 7 6 1 1 6 8 1 7 .8 7 0 .3 6 6 8
F O R T W O R T H S A N A N T O N I O A U S T I N H O U S T O N D A L L A SCONSTRUCTION DOCUMENTSOLD GROVE - GRADING AND DRAINAGE UTILITY NOTETHIS DOCUMENT ISRELEASED FOR"REVIEW PURPOSES"UNDER THEAUTHORIZATION OFMATTHEW L. MALY,P.E. #120494 OCTOBER 12, 2020.IT IS NOT FORCONSTRUCTION ORPERMIT PURPOSES.SEC OF STILLWATER CIRCLE AND CAST IRON FOREST TRAIL
COLLEYVILLE, TEXASC5.3 DRAINAGE & DETENTION CALCULATIONS
CAST IRON FOREST TRAIL(VARIABLE WIDTH RIGHT-OF-WAY)STILLWATER CIRCLE(40' RIGHT-OF-WAY)WATERFALL COURT(50' RIGHT-OF-WAY)T EXA S BO A R D OF P R OF ES S I ON AL E NG I N EERS F I R M R EG IS TRA TI O N #470
6 5 0 0 W E S T F W Y , S T E 7 0 0 F O R T W O R T H , T X 7 6 1 1 6 8 1 7 .8 7 0 .3 6 6 8
F O R T W O R T H S A N A N T O N I O A U S T I N H O U S T O N D A L L A SCONSTRUCTION DOCUMENTSOLD GROVE - GRADING AND DRAINAGE UTILITY NOTETHIS DOCUMENT ISRELEASED FOR"REVIEW PURPOSES"UNDER THEAUTHORIZATION OFMATTHEW L. MALY,P.E. #120494 OCTOBER 12, 2020.IT IS NOT FORCONSTRUCTION ORPERMIT PURPOSES.SEC OF STILLWATER CIRCLE AND CAST IRON FOREST TRAIL
COLLEYVILLE, TEXASC6.0 EROSION CONTROL PLAN
LEGENDNOTESEROSION & SEDIMENT CONTROL NOTES“” “”
T EXA S BO A R D OF P R OF ES S I ON AL E NG I N EERS F I R M R EG IS TRA TI O N #470
6 5 0 0 W E S T F W Y , S T E 7 0 0 F O R T W O R T H , T X 7 6 1 1 6 8 1 7 .8 7 0 .3 6 6 8
F O R T W O R T H S A N A N T O N I O A U S T I N H O U S T O N D A L L A SCONSTRUCTION DOCUMENTSOLD GROVE - GRADING AND DRAINAGE UTILITY NOTETHIS DOCUMENT ISRELEASED FOR"REVIEW PURPOSES"UNDER THEAUTHORIZATION OFMATTHEW L. MALY,P.E. #120494 OCTOBER 12, 2020.IT IS NOT FORCONSTRUCTION ORPERMIT PURPOSES.SEC OF STILLWATER CIRCLE AND CAST IRON FOREST TRAIL
COLLEYVILLE, TEXASC7.0 CONSTRUCTION DETAILS
6212345768910111213141516171819202122232425262829303132333435363738394041434445464748495051525354555657585960616364656667686970717273747576787980848382814227857787866234576891011121314151617181920212223242526282930313233343536373839404143444546474849505152535455565758596061636465666768697071727374757678798073SHEETTR1 of 3TREE SURVEY# PLAN REVIEW REVISIONS BY DATE
1 Bar is one inch on originaldrawing. If not one inch on thissheet, adjust scale as necessary.PROJECTOne InchCity Colleyville, Tarrant County, Texas
Old Grove, Ph. 2TBI013Tree Survey Plan
REVISED PER CIVIL CHANGES MRH 7-5-2018 1
623457689101112131415161718192021222324252628293031323334353637383940414344454647484950515253545556575859606164656667686970717273747576787980SHEETTR2 of 3TREE SURVEY# PLAN REVIEW REVISIONS BY DATE Bar is one inch on originaldrawing. If not one inch on thissheet, adjust scale as necessary.PROJECTOne InchCity Colleyville, Tarrant County, Texas
Tree Mitigation Plan
Old Grove, Ph. 2TBI0131REVISED PER CIVIL CHANGES MRH 7-5-2018 11
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Tree Protection Plan
Old Grove, Ph. 2TBI0131REVISED PER CIVIL CHANGES MRH 7-5-2018
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116
7204
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WESTMONT DRIVECOLDEN COURT
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COMPTON COURT
STILLWATER CIRCLE
CASTIRONFORESTTRAILHARDY LANE
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Notification Map
DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist.
KPC20-006
105 & 103 John McCain Rd and 7189 Cast Iron Forest Trl
Subject Property
500ft Buffer
Properties within 500ft
Owner Name Owner Address Owner City Owner Zip Situs Address
AGNEW, GARRICK D 204 WATERFALL CT COLLEYVILLE, TX 76034 204 WATERFALL CT
ALLEN, CARL E 2300 HENRY PKWY APT 209 FLOWER MOUND, TX 75022 200 COMPTON CT
ALLEN, LEROY 101 STILLLWATER CIR COLLEYVILLE, TX 76034 101 STILLWATER CIR
BARNES, IRWIN 200 WATERFALL CT COLLEYVILLE, TX 76034 200 WATERFALL CT
BATTLES, BRANDON 101 JOHN MCCAIN RD COLLEYVILLE, TX 76034 101 JOHN MCCAIN RD
BOLTON, JONATHON 202 COLDEN CT COLLEYVILLE, TX 76034 202 COLDEN CT
BROYLES, RANDY 7212 JOHN MCCAIN RD COLLEYVILLE, TX 76034 7212 JOHN MCCAIN RD
BUTLER, PERRY L 208 WATERFALL CT COLLEYVILLE, TX 76034 208 WATERFALL CT
BYRD, MICHAEL C 113 STILLWATER CIR COLLEYVILLE, TX 76034 113 STILLWATER CIR
CARDONA, GLORIA J 213 COLDEN CT COLLEYVILLE, TX 76034 213 COLDEN CT
CATALINA LONE STAR LLC 108 JOHN MCCAIN RD COLLEYVILLE, TX 76034 7204 JOHN MCCAIN RD
CLARK, EDWARD D 104 WATERFALL CT COLLEYVILLE, TX 76034 104 WATERFALL CT
COX, CLYDE 105 STILLWATER CIR COLLEYVILLE, TX 76034 105 STILLWATER CIR
DAWSON FARMS LLC 406 PECAN DR IRVING, TX 75060 7215 JOHN MCCAIN RD
DAWSON FARMS LLC 406 PECAN DR IRVING, TX 75060 7215 JOHN MCCAIN RD
DAWSON FARMS LLC 3421 S BRIERY IRVING, TX 75060 7209 JOHN MCCAIN RD
DECKER, RENNI 108 HAWKS RIDGE TRL COLLEYVILLE, TX 76034 108 HAWKS RIDGE TR
ETTA, ANITA B 101 WATERFALL CT COLLEYVILLE, TX 76034 101 WATERFALL CT
FANG EN LEE, JENNIFER 117 STILLWATER CIR SOUTHLAKE, TX 76092 117 STILLWATER CIR
FREIG, JOSE 104 HAWKS RIDGE TRL COLLEYVILLE, TX 76034 104 HAWKS RIDGE TR
GULAMHUSSAIN, DIDAR 200 HAWKS RIDGE TRL COLLEYVILLE, TX 76034 200 HAWKS RIDGE TR
HA, THANH THUC 100 HAWKS RIDGE TR COLLEYVILLE, TX 76034 100 HAWKS RIDGE TR
HIGHTOWER, ROXANNE S 104 JOHN MCCAIN RD COLLEYVILLE, TX 76034 104 JOHN MCCAIN RD
INMAN, MARGARET K 212 WATERFALL CT COLLEYVILLE, TX 76034 212 WATERFALL CT
JOHNSON, MARK 203 COLDEN CT COLLEYVILLE, TX 76034 203 COLDEN CT
KELLY, JOHN 105 WATERFALL CT COLLEYVILLE, TX 76034 105 WATERFALL CT
KILPATRICK, JOHN 201 HAWKS RIDGE TRL COLLEYVILLE, TX 76034 201 HAWKS RIDGE TR
LAW, JAMES 109 STILLWATER CIR COLLEYVILLE, TX 76034 109 STILLWATER CIR
LOMME, FRED 208 HAWKS RIDGE TRL COLLEYVILLE, TX 76034 208 HAWKS RIDGE TR
MCKENNA, DENISE 109 HAWKS RIDGE TRL COLLEYVILLE, TX 76034 109 HAWKS RIDGE TR
MCKINNON JAMES S & VICKIE S MC 207 COLDEN CT COLLEYVILLE, TX 76034 207 COLDEN CT
OLD GROVE MAINTENENCE ASSN INC 1800 PRESTON PARK BLVD STE 101 PLANO, TX 75093 6901 CAST IRON FOREST TR
OLD GROVE MAINTENENCE ASSN INC 1800 PRESTON PARK BLVD STE 101 PLANO, TX 75093 317 OLD GROVE RD
OSOWO, AYODELE 7001 CAST IRON FOREST TRL COLLEYVILLE, TX 76034 7001 CAST IRON FOREST TR
OWEN, JOHN 201 WATERFALL CT COLLEYVILLE, TX 76034 201 WATERFALL CT
PATEL, AJAY ARVIND 209 WATERFALL CT COLLEYVILLE, TX 76034 209 WATERFALL CT
PINTO, EZEQUIEL 101 HAWKS RIDGE TR COLLEYVILLE, TX 76034 101 HAWKS RIDGE TR
PINTO, LYNDA D ETAL 105 HAWKS RIDGE TR COLLEYVILLE, TX 76034 105 HAWKS RIDGE TR
RAHMAN, EDWARD A 100 WATERFALL CT COLLEYVILLE, TX 76034 100 WATERFALL CT
RAU, SUSAN 7105 CAST IRON FOREST TRL COLLEYVILLE, TX 76034 7105 CAST IRON FOREST TR
REVOCABLE TRUST OF CLINT D JAY 201 COMPTON CT COLLEYVILLE, TX 76034 201 COMPTON CT
RIACH, STEVEN E 7109 JOHN MCCAIN RD COLLEYVILLE, TX 76034 7109 JOHN MCCAIN RD
RIEWE, KEITH 204 COMPTON CT COLLEYVILLE, TX 76034 204 COMPTON CT
SANTEE, GREGORY N 208 COMPTON CT COLLEYVILLE, TX 76034 208 COMPTON CT
SMITH, WILLIAM 205 WATERFALL CT COLLEYVILLE, TX 76034 205 WATERFALL CT
TAYLOR, ROGER 210 COLDEN CT COLLEYVILLE, TX 76034 210 COLDEN CT
TOLL DALLAS TX LLC 250 GIBRALTAR RD HORSHAM, PA 19044 105 JOHN MCCAIN RD
TOLL DALLAS TX LLC 250 GIBRALTAR RD HORSHAM, PA 19044 103 JOHN MCCAIN RD
TOLL DALLAS TX LLC 250 GIBRALTAR RD HORSHAM, PA 19044 7189 CAST IRON FOREST TR
VAN HORNE, EDWARD 108 JOHN MCCAIN RD COLLEYVILLE, TX 76034 108 JOHN MCCAIN RD
WHEAT, CARROL 206 COLDEN CT COLLEYVILLE, TX 76034 206 COLDEN CT
WIRT, CARL BRITTON 205 COMPTON CT COLLEYVILLE, TX 76034 205 COMPTON CT
YANG, YAN 204 HAWKS RIDGE TRL COLLEYVILLE, TX 76034 204 HAWKS RIDGE TR
CHANEL COURT 7300 Chanel Court COLLEYVILLE, TX 76034 COURTESY NOTICE
MONTICELLO ADDITION-COLLEYVLLE P.O. Box 254 COLLEYVILLE, TX 76034 COURTESY NOTICE
OLD GROVE ADDITION P.O. Box 1481 COLLEYVILLE, TX 76034 COURTESY NOTICE
VANGUARD ESTATES ADDITION 7105 Vanguard Court COLLEYVILLE, TX 76034 COURTESY NOTICE
WESTMONT ADDITION 5751 Kroger Drive KELLER, TX 76244 COURTESY NOTICE
KELLER ISD 350 KELLER PKWY KELLER, TX 76248 STATE REQUIRED
GRAPEVINE COLLEYVILLE ISD 3051 IRA E WOODS AVE GRAPEVINE, TX 76051 STATE REQUIRED
MALY, MATTHEW 6500 WEST FREEWAY, STE 700 FORT WORTH, TX 76116 APPLICANT
Public hearing notices were mailed on August 28, 2020
NOTICE OF PUBLIC HEARING
«Owner_Name»
«Owner_Address»
«Owner_City» «Owner_Zip»
The City of Colleyville has scheduled public hearings concerning the below referenced request on the
following dates and location:
Planning and Zoning Commission Meeting: Monday, December 14, 2020 at 7:00 p.m.
City Council Meetings: Tuesday, January 5, 2021 at 7:30 p.m.
3rd floor of City Hall, 100 Main Street, Colleyville, Texas
Request: Consideration of a Replat for Lots 1, 2, and 3X, Block 1, Old Grove
Addition, Phase II, being Lots 1 & 2, Block 1, Neidholt Addition and Lot
2X, Block E, Old Grove Addition. The purpose is to plat the three
properties into two single-family residential lots and one open space lot.
Zoning Case: PC20-006 Applicant: Matthew Maly Owner: Toll Dallas TX LLC Location: 103 & 105 John McCain Road and 7189 Cast Iron Forest Trail Property Description: Lot 1 & 2, Block 1, Newgren Addition and Lot 2X, Block E, Old Grove Addition Present Zoning: PUD-R Planned Unit Development-Residential
NOTICE OF PUBLIC HEARING
This notice has been sent to all owners of real property within 500 feet of the request as such ownership
appears on the last approved tax roll and all homeowners associations within 1000 feet. Action by the
Planning and Zoning Commission serves as a recommendation to the City Council and is not a final action
on the request.
The application is on file for public examination in the Community Development Department at 100
Main Street, Colleyville, Texas. A brief project description can be found online on the Active
Development Case map:
https://www.colleyville.com/government/departments-a-l/community-development/active-development-cases
For additional information, please contact the Community Development Department at 817.503.1056.
Please reference the zoning case number when requesting information.
Jacquelyn Reyff
Principal Planner
jreyff@colleyville.com
1
FW: Case PC20-006 Replat 105 & 103 John McCain 7189 Cast Iron Forest Trail Subject:
Attachments:203 Colden Ct email M.Maly.pdf
From: Jennifer Johnson
Sent: Wednesday, October 28, 2020 3:13 PM
To: Jackie Reyff; Larry Wright ; smathisencpa; ryan.moore; sbilqees; kimberlydraperholt; m.koch75; ckbevill; gbond;
George Dodson ; Chuck Kelley ; Kathy Wheat
Cc: Susan Rau ; Ben Bryner ; Araceli Botello ; Beth Battles ; battles; rfreitag; annheape; tonyagross; Mark ICE: Johnson
Subject: Re: Case PC20‐006 Replat 105 & 103 John McCain 7189 Cast Iron Forest Trail
As further follow up, please see below response from the Engineer supporting Toll Brothers. Their plan has this
3’ wide, 6” deep concrete flume coming west across our property line, making a right angle turn North, and then
dropping water into a 1’ deep ditch. If all goes according to their estimates, we have 1.2” of excess depth. If
the calculations are wrong, our home can be flooded.
Our gameroom and bedroom will be looking at a cement flume and 1’ ditch, not to mention the damage done to
the post oak roots during construction and enduring cement covering them.
Please do not approve this plan that threatens our home with flooding.
Jennifer
On Oct 27, 2020, at 6:07 PM, Jennifer Johnson < > wrote:
To the P&Z Board (including the two Council Liaisons, as well as Kathy who lives across the street and is
familiar with the geography),
Mark and I live at 203 Colden Ct, our property is adjacent (east) of the Old Grove HOA property and the
Battles property (backyard). Mark and I both spoke at the P&Z Meetings, and the City Council meeting when
this was proposed in 2018. We were opposed then, and remained opposed.
In 2018 the proposal was similar to now, as was discussed at your Work Session last night. The retaining wall
and detention pond appear unchanged. Two years ago, the water was to run into pipes East along the HOA
property line, then North, down our property line (drainage easement). Now, after meeting with Mike
Boswell, they are no longer running pipes, but want to have the water flow into a cement flume along the east
HOA property line that ends with a “collar” at our property line, and from there, they would grade our lot
North and down the property line, and install grasscrete to prevent erosion. We are VERY concerned that
during a heavy, fast rainfall, the run-off water will be uncontained and has the potential to flash flood our
home.
In addition to this new concern, our other concerns from two years ago remain unchanged:
We are very concerned about the proposed dry retention pond and the risk to the health of neighboring
homeowners and their property if the dry retention pond is not maintained. We are all at the mercy of
the homeowner to maintain the pond, with no recourse if they do not.
2
Our other opposition to this plan is that there are large oak trees along both the HOA easement
(East/West), and a 100 year old Post Oak in our backyard (below right photo) within the easement
(North/South) and planned drainage area that will have roots damaged when the drainage pipes or
cement flume are installed. During the 7 years we have owned our house, we have spent over $3,000
treating our Post Oak. We don’t think it can survive having a good portion of its’ root structure
damaged.
Thank you for your consideration.
Jennifer and Mark Johnson
From:Matthew Maly
Subject:RE: 203 Colden Ct
Date:October 28, 2020 at 11:02 AM
To :Jennifer Johnson Mike Boswell
Cc:Mark ICE: Johnson
Good morning Mr. and Mrs. Johnson,
I've attached an exhibit created from our design plans that highlights the areas from Lot 17X (Area O1 - light blue) and adjacent to
your west (Area O2 - grey) as they drain to the inlet at the northwest corner of your property. The runoff anticipated, based on the
City's design criteria, is 7.2cfs when including those two areas and the proposed pond's discharge. We sized the flume and
grasscrete sections to accommodate that flow.
What it means is that you could expect 3.5" of water depth within the 6" flume section (1.6" excess depth) and approximately 1' of
depth within the grasscrete swale adjacent to your driveway (1.2" of excess depth assuming 2.5H:1V side slopes). These are what
we assume as peak flows and depths based on the City's design criteria where there is additional capacity in the flume and swale in
both sections.
I'm happy to discuss further if the above explanation doesn't speak to your concern.
Thank you,
Matthew Maly, P.E. | Project Manager
Pape-Dawson Engineers, Inc.
TBPE Firm Registration #470
One Ridgmar Centre, 6500 West Fwy., Suite 700, Fort Worth, TX 76116
P: 817.870.3668 | E: MMaly
Fort Worth | San Antonio | Austin | Houston | Dallas
Visit our new website - www.pape-dawson.com
CONFIDENTIALITY NOTICE
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-----Original Message-----
From: Jennifer Johnson
Sent: Tuesday, October 27, 2020 4:28 PM
To: Mike Boswell ; Matthew Maly
Cc: Mark ICE: Johnson
Subject: Re: 203 Colden Ct
Mike and Matt,
A couple of things after Mark and I have had time to process the discussion yesterday. We are very worried about the volume of
water that could come down the HOA property and into our yard. If we have a fast heavy rain, the water may overwhelm the flume,
the collar at the turn, or the grasscrete area, potentially causing water damage to our home. What info do you have on water
volumes for those lots?
Also, I have reached out to our HOA to understand what the approval process is ( if any) for modifying the grade and installation of
the grasscrete. I have explained that it is a drainage easement. The HOA does not allow any modifications to our homes (except
annual flowers) without their approval.
Thanks,
Jennifer
On Oct 26, 2020, at 6:17 PM, Mike Boswell
Thank you,
Mike Boswell
Director of Land Development
Toll Brothers, America’s Luxury Home Builder®
2555 SW Grapevine Parkway, Suite 100, Grapevine, Texas 76051
Office: (817) 329-7973 | Cell: (972) 672-5228 | Fax: (817) 251-7309
-----Original Message-----
From: Jennifer Johnson <jwjohnson114@gmail.com>
From: Jennifer Johnson
Sent: Monday, October 26, 2020 4:48 PM
To: Mike Boswell
Cc: Mark ICE: Johnson
Subject: 203 Colden Ct
EXTERNAL EMAIL : Use caution with links and attachments
Thanks for meeting with us today on the Battles property. I have copied Mark so that you have both our emails. Below are our
cell #’s. Could you reply with your cell number?
Jennifer 817-919-4561
Mark 817-797-6917
Thanks,
Jennifer
1
Subject:FW: Case PC20-006 Replat 105 & 103 John McCain 7189 Cast Iron Forest Trail
From: Susan Rau
Sent: Monday, November 2, 2020 2:47 PM
To: Jackie Reyff; jwjohnson114; Larry Wright; smathisencpa; ryan.moore; sbilqees; kimberlydraperholt; m.koch75;
ckbevill; gbond; George Dodson; Chuck Kelley ; Kathy Wheat
Cc: Ben Bryner; Araceli Botello; ebattles; battles; rfreitag; annheape; tonyagross; majohnson124; Susan Rau
Subject: Re: Case PC20‐006 Replat 105 & 103 John McCain 7189 Cast Iron Forest Trail
Attn: Jackie Reyff, Principal Planner, City of Colleyville
My husband, Richard Freitag, and I live at 7105 Cast Iron Forest Trail. This email summarizes our
concerns regarding the proposed re-plat of the property adjacent to our home. This case (PC20-006)
is scheduled to be presented and considered by the Planning & Zoning Committee at its meeting on
11/9/2020.
We are in complete agreement with the points made by Jennifer & Mark Johnson, who live at 203
Colden Court. Copies of their emails dated 10/27/2020 and 10/28/2020 are included below. The
Johnson's written objections followed an impromptu meeting that Toll Brothers requested
with homeowners early last week. I attended along with the Brandon and Beth Battles
and Jennifer Johnson. Mike Boswell from Toll Brothers and Matthew Maly from Pape-
Dawson Engineering presented the proposal as we walked the area.
By way of background, Toll Brothers attempted to re-plat the subject properties in 2018-
2019. Several P&Z and City Council meetings discussed the Toll Brothers proposal, but ultimately
the City Council did not approve the drainage solutions proposed by Toll and its engineering
consultants. The matter was tabled several times and ultimately withdrawn in 2019. Since then, Toll
Brothers attempted to sell the land, then took it off the market and apparently has now decided to
once again attempt to re-plat the land and build two homes.
As the Johnson's have noted in their emails, Toll Brothers' current proposal is substantially the
same as it was two years ago, except that drainage would now run largely above ground. This may
be problematic in terms of potential flooding, construction issues and ongoing maintenance--all of
which are addressed in the Johnson's email.
We have three concerns about the latest Toll Brothers' proposal:
1.The 2020 proposed drainage solution bypasses the large existing retention pond on
Cast Iron Forest Trail.
1. At the final hearing before Toll withdrew its previous proposal, the City Council
questioned various aspects of the engineering, grading and drainage. One key point
was the Council's questions as to why the 2018 proposal refused to direct drainage into
the existing large retention pond on Cast Iron Forest Trail. In response, Toll Brothers
cited several deficiencies in the construction of the existing pond. To my knowledge,
Toll Brothers has not made any changes or improvements to the existing pond
in recent years.
2
2. When we asked the Toll Brothers representative at last week's meeting why
the latest proposal still does not direct the runoff to the large existing retention
pond, Toll's answer was that they (Toll) consider the existing pond to be
"defunct". This response was curious since Toll is currently building on
another lot (109 Old Grove Road); the runoff from that lot will drain into the
large existing pond. In fact, since taking over from David Bagwell (2014?),
Toll has built in excess of 30 homes that drain into the large retention pond.
2. The 2020 proposal includes a dry detention pond on a private lot in a PUD-R
zoning tract.
1. As we understand it, the owner of "lot 2" would be responsible for the care
and maintenance of the detention pond. Such ponds can easily become
clogged with grass clippings, mulch, debris etc. Even simple acts like adding
flower beds or playground equipment could alter the grading such that
drainage is also affected. Unless or until the homeowner applied for a permit
to build a pool or otherwise make major changes to its backyard, the only
recourse that the HOA and City would have to enforce the maintenance of the
pond is evidence of flooding, washouts or other damage to surrounding
properties.
3. The open channel construction being proposed is dangerous, unhealthy and
unsightly.
1. The area behind our home and the Battles' property and alongside the
Johnson's property is governed by the Old Grove HOA, and, possibly, by the
Westmont HOA. This land borders the large retention pond and is available to
residents to enjoy a walk, fishing or just gazing at the pond. It is also a refuge
for birds and other wildlife. While there isn't tremendous foot traffic, the open
construction is likely to breed mosquitos, become clogged with leaves, debris
and otherwise make footing dangerous.
2. In addition, access to the sanitary sewer line, underground utilities and the
egress from the large retention pond may be impaired by the channel.
For these reasons, we object to the Toll Brothers plans as submitted and ask that the P&Z Committee
and the City Council reject the current submission. Thank you in advance. Please contact me should
you have any questions.
Best Regards,
Susan E. Rau & Richard Freitag
7105 Cast Iron Forest Trail
Colleyville TX 76034
908.962.3727 (cellular)
RESOLUTION R-21-4575
A RESOLUTION DENYING A REPLAT FOR LOTS 1, 2, AND 3X,
BLOCK 1, OF THE OLD GROVE ADDITION, PHASE II
WHEREAS,the Planning and Zoning Commission recommended approval
of the Replat of Lots 1 & 2, Block 1, of the Neidholt Addition
and Lot 2X, Block E, of the Old Grove Addition, Phase II
September 14, 2020.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF COLLEYVILLE, TEXAS:
Sec. 1. THAT the Replat for Lots 1, 2, and 3X, Block 1, of the Old Grove
Addition, Phase II on approximately 2.20 acres, attached as
Exhibit “A" - Plat Exhibit, is hereby approved.
AND IT IS SO RESOLVED.
APPROVED BY A VOTE OF ___ AYES, ___ NAYS, ON THIS THE 23RD DAY OF
MARCH 2021.
Mayor Richard Newton Mayor Pro Tem Bobby Lindamood
Place 1, Tammy Nakamura Place 5, Chuck Kelley
Place 3, Kathy Wheat Place 6, Callie Rigney
Place 4, George Dodson
ATTEST:CITY OF COLLEYVILLE
Christine Loven, TRMC Richard Newton
City Secretary Mayor
Exhibit “A” - Plat Exhibit
RESOLUTION R-21-4593
A RESOLUTION APPROVING CITY COUNCIL ACTION
UNDER BUSINESS AT THE REGULAR CITY COUNCIL MEETING OF
MARCH 2, 2021
WHEREAS,City Council has taken action on certain items on the agenda
under Business.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF COLLEYVILLE, TEXAS:
Sec. 1.THAT
AND IT IS SO RESOLVED.
APPROVED BY A VOTE OF _ AYES, _ NAYS ON THIS THE 2nd DAY OF MARCH
2021.
Mayor Richard Newton Mayor Pro Tem Bobby Lindamood
Place 1, Tammy Nakamura Place 3, Kathy Wheat
Place 4, George Dodson Place 5, Chuck Kelley
Place 6, Callie Rigney
ATTEST: CITY OF COLLEYVILLE
Christine Loven, TRMC Richard Newton
City Secretary Mayor