right of way license agreement policy august 25, 2015

Right of Way License Agreement PolicyAugust 25, 2015

What is a License Agreement?

• Formal agreement

• Grants permission for one party to use another’s property

• Establishes terms and conditions for the use of the property

• Example: Taco Borracho

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Why is a Policy Necessary?

• Request from multiple Addison Circle businesses to use sidewalks

• Resident complaints about obstructing sidewalk access

• Council direction to staff in processing requests

• Establish uniform criteria for evaluating requests

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Addison Circle

• Public right of way includes: street lanes, parking, landscaping and public sidewalks

• Street section standards define width of sidewalk based on type of street

• Commercial development permitted to pave the area between the front of their building and the public sidewalk

• Demarcation of the public sidewalk and private property is not always clear

• Adjacent uses to spill over into the public sidewalk

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Addison Circle Concept Plan

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Street Section A - Quorum

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Street Section C – Multiple Streets

Street Section G – Addison Circle

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Policy Recommendation

1. No private business may occupy public right of way without a license granted by the City Council and recorded in the Dallas County Real Property Records.

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Policy Recommendation

2. Requests to use a portion of the public right of way adjacent to a business shall be processed and considered in accordance with the following principles:

A. License agreements will only be considered where the remaining sidewalk width would meet or exceed the approved streets standards for the district.

B. License agreements will not be considered for areas within 10 feet of a street lane designated for through traffic

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Policy Recommendation

C. License agreements will be considered based on the unique site conditions that may exist in a particular location such as, but not limited to, access to and placement of ADA required accessible pathways, pedestrian traffic volumes, impact on adjacent uses and interference with the natural flow of pedestrian traffic.

D. License agreements shall include indemnity and other provisions necessary in order to adequately protect the Town as determined by staff and the City Attorney.

E. The Town will charge a minimum fee of $1,000.00 per year for the duration of the agreement. The actual fee will be based on intensity of use and the size of the area.

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Questions?

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Astoria Caffe

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Quorum Morris

Astoria Caffe

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Astoria Caffe

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Astoria Caffe

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Astoria Caffe

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Astoria Caffe

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Astoria Caffe

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