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RE 08-27-96.1A RESOLUTION OF THE CITY OF COPPELL RESOLUTION NO. 082796.1A A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS DETERMINING THE NECESSITY OF ACQUIRING THE SLOPE EASEMENT DESCRIBED IN EXHIBIT "A", ATTACHED HERETO, ON, ABOVE AND IN LAND LOCATED WITHIN THE CITY OF COPPELL, DALLAS COUNTY, TEXAS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the City of Coppell, Texas hereby determines that a public necessity exists that a slope easement, as described in Exhibit "A", aRached hereto, be acquired ~d located within the City of Coppell, Dallas Co~ty, Text. That the legal description of shd slope e~ement is a~ached hereto as E~ibit "A" and also shown on the plat which is f~her a~ched hereto, all being made a p~ hereof for all pu~oses. SECTION 2. That for the pu~ose of acquiring said slope e~ement ~d believing ~at the appraisal represems a fair cash m~ket value of said easement ~d full d~ages legally allowable ~der law, it is hereby resolved that the City M~ager is hereby authorized ~d empowered to offer the prope~y o~er ~ ~ount based on the appraisal by Price-Denton, Inc. for the necess~ slope easement, over ~d in such prope~y. SECTION 3. In the evem said offer is declined by the o~er, the City M~ager ~d ~e City A~orney ~e authorized to comply with the statues of ~e State of Texas with reference to the necess~ legal prerequisites existing in or relating to the exercise of eminent domain to acquire said easement. SECTION 4. That the o~er or pa~y claiming ~ interest in s~d prope~y is J~es Albe~ Harrington whose mailing address is: 1601 E. Sandy L~e Road, Coppell, Texas 75019. DULY PASSED ~d approved by the City Council of the City of Coppell, Texas on this the ¢~?& day of~1996. CI~ C~ ~ TOM MORTON, ~YOR APPROVEDASTOFO~: A~ ~-- ~' ~R G. SMI~, CITY ATTO~EY L~A ~, CIT~ S~C~TARY Sandy Lake Road Project No. 91-838 Parcel: 29 ROW May 21, 1996 RIGHT-OF-WAY DESCRIPTION BEING 0.1137-acre tract of land located within the Weston Perry Survey, Abstract Number 1152, City of Coppell, Dallas County, Texas; the subject tract being a portion of a 38.1-acre tract of land as described in Volume 3840, Page 185 Deed Records of Dallas County, Texas (DRDCT) and a portion of a 1.4817-acre tract of land as conveyed from Pearl C. Harrington, to James Albert Harrington as recorded in Volume 83077, Page 2161 (DRDCT), the subject tract being part of the proposed right-of-way for Sandy Lake Road (variable width fight-of-way,. Dallas County Project No. 91-838) and the subject tract of land being more particularly described as follows: BEGINNING at a found PK nail on the southwesterly most comer of a ll.62-acre and northwesterly comer of a 3.9-acre tract of land conveyed to the City of Dallas as recorded in Volume 540, Page 21 (DRDCT), and northeasterly comer of the aforementioned 38.1-acre and 1.4871-acre tracts, said point also lying 19.53 feet to the right of proposed Sandy Lake Road centerline station 69+14.85, said point also lying within the existing pavement of Sandy Lake Road; THENCE South 13' 14' 05" East, a distance of 40.72 feet along the common line of aforementioned 3.9-acre and 1.4817-acre tracts to a 1/2" set iron rod with yellow plastic cap stamped "HALFF ASSOC. INC." (hereafter referred to as with cap) to a point lying 60.00 feet south of the proposed centerline of Sandy Lake Road for comer; THENCE South 83' 07' 34" West, a distance of 25.00 feet departing said common line and continuing 60.00 feet south of said proposed centerline to a 1/2" set iron rod with cap for comer; THENCE South 06' 52' 26" East, a distance of 4.00 feet to a point lying 64.00 feet south of said proposed centerline to a 1/2" set iron rod with cap for comer; THENCE South 83' 07' 34" West, a distance of 7.00 feet continuing 64.00 feet south of said proposed centerline to a 1/2" set iron md with cap for comer; THENCE North 06' 52' 26" West, a distance of 19.00 feet to a 1/2" set iron rod with cap lying 45.00 feet south of said proposed centerline for comer; THENCE South 83' 07' 34" West, a distance of 14.24 feet continuing 45.00 feet south of said proposed centerline to a 1/2" set iron rod with cap lying on a curve to the fight having a central PAGE 1 OF 2 PARCEL 29 angle of 01 ' 22' 04", a radius of 2545.00 feet and a chord bearing South 83 ' 48' 36" West a chord distance 60.76 feet; THENCE along said curve and continuing 45.00 feet south of said proposed centerline, an arc distance of 60.76 feet to 1/2" set iron rod with cap for comer; THENCE South 05' 30' 22" East, a distance of 15.00 feet to a 1/2" set iron rod with cap lying 60.00 feet south of said proposed centerline for comer; THENCE South 84' 35' 01" West, a distance of 8.00 feet continuing to a 1/2" set iron rod with cap lying 60.00 feet south said proposed centerline for comer; THENCE North 05' 19' 37" West a distance of 15.00 feet to a 1/2" set iron rod with cap lying 45.00 feet south of said proposed centerline and on a curve to the right having a central angle of 00' 37' 43", a radius 2545.00 feet and a chqrd bearing of South 84' 59' 14" West a chord distance of 27.92 feet; THENCE along said curve continuing 45.00 feet south of said proposed centerline an are distance of 27.92 feet to a 1/2" set iron rod with cap lying on the common line of a 7.316- acre tract as recorded in Volume 76127, Page 2568 (DRDCT) and the aforementioned 1.4817-acre tract; THENCE North 08' 44' 57" West, a distance of 35.55 feet to a point lying within the existing pavement of Sandy Lake Road for a comer; THENCE North 87' 59' 56" East, a distance of 140.00 feet to the POINT OF BEGINNING and containing 4,952 square feet or 0.1137 acres Of land more or less; Note: Bearing system is rotated 00' 28' 51" seconds counterclockwise from plat boundary of Carrollton Dam dated August 25, 1988 and prepared by the City of Dallas Water Utilities. Tex~ Sur~ying Regis~tion Number 2958 PAGE 2 OF 2 PARCEL 29 E'~HIISIT Sandy I~ke Road Project No. 91-838 Parcel: 29 TE May 21, 1996 TEMPORARY CONSTRUCTION EASEMENT BEING 0.1410-acre tract of land located within the Weston Perry Survey, Abstract Ntmaber 1152, City of Coppell, Dallas County, Texas; the subject tract being a portion of a 38.1-acre tract of land as described in Volume 3840, Page 185 Deed Records of Dallas County, Texas (DRDCT) and a portion of a 1.4817-acre tract of land as conveyed from Pearl C. Harrington, to James Albert Harrington as recorded in Volume 83077, Page 2161 (DRDCT), the subject tract being part of the proposed construction for Sandy Lake Road (variable width right-of-way, Dallas County Project No. 91-838) and the subject tract of land being more particularly described as follows: COMMENCING at a found PK nail on the southwesterly most corner of a 11.62-acre and northwesterly corner of a 3.9-acre tract of land conveyed to the City of Dallas as recorded in Volume 540, Page 21 (DRDCT), and northeasterly corner of the aforementioned 38.1-acre and 1.4871-acre tracts, said point also lying 19.53 feet to the right of the proposed Sandy Lake Road centerline station 69+14.85, said point also lying within the existing pavement of Sandy Lake Road; THENCE South 13' 14' 05" East, a distance of 40.72 feet along the common line of aforementioned 3.9-acre and 1.4817-acre tracts to a 1/2" set iron rod with yellow plastic cap stamped "HALFF ASSOC. INC." (hereafter referred to as with cap) to a point lying 60.00 feet south of the proposed centerline of Sandy Lake Road for the POINT OF BEGINNING; THENCE South 13' 14' 05" East, a distance of 29.28 feet continuing along said common line to a 1/2" set iron rod with cap lying 89.10 feet south of said proposed centerline for corner; THENCE South 80' 57' 06" West, a distance of 144.51 feet departing said common line to a 1/2" set iron rod with cap lying on the common line of said 1.4871-acre tract and a 7.316-acre tract as described in Volume 76127, Page 2568 (DRDCT), for corner; THENCE North 08' 44' 57" West, a distance of 51.44 feet along said common line to a 1/2" set iron rod with cap lying on a curve to the left 45.00 feet south of said proposed centerline and having a central angle of 00' 37' 43", a radius of 2545.00 feet and a chord bearing North 84' 59' 14" East a chord distance 27.92 feet; THENCE along said curve and continuing 45.00 feet south of said proposed centerline, an arc distance of 27.92 feet to 1/2" set iron rod with cap for corner; PAGE 1 OF 2 PARCEL 29 TE THENCE South 05' 19' 37" East a distance of 15.00 feet to a 1/2" set iron rod with cap lying 60.00 feet south of said proposed centerline for comer; THENCE North 84' 35' 01" East, a distance of 8.00 feet to a 1/2" set iron rod with cap lying 60.00 feet of said proposed centerline for comer; THENCE North 05' 30' 22" West, a distance of 15.00 feet to a 1/2" set iron rod with cap lying 45.00 feet south of said proposed centerline and on a curve to the left having a central angle of 01' 22' 04", a radius of 2545.00 feet and a chord bearing of North 83' 48' 36" East a chord distance 60.76 feet; THENCE along said curve continuing 45.00 feet south of said proposed centerline an arc distance of 60.76 feet to a 1/2" set iron rod with cap for the point of tangency; THENCE North 83' 07' 34" East, a distance of 14.24 feet continuing 45.00 feet south of said proposed centerline to a 1/2" set iron rod with cap for comer; THENCE South 06' 52' 26" East, a distance of 19.00 feet to a 1/2" set iron rod with cap lying 64.00 feet south of said proposed centerline for comer; THENCE North 83' 07' 34" East a distance of 7.00 feet continuing 64.00 feet south of said proposed centerline to a 1/2" set iron rod with cap for comer; THENCE North 06' 52' 26" West a distance of 4.00 feet to a 1/2" set iron rod with cap lying 60.00 feet south of said proposed centerline for comer; THENCE North 83' 07' 34" East a distance of 25.00 feet continuing 60.00 feet south of said proposed centerline to the POINT OF BEGINNING and containing 6,140 square feet or 0.1410 acres of land more or less. Note: Bearing system is rotated 00' 28' 51" seconds counterclockwise from plat boundary of Carrollton Dam dated August 25, 1988 and prepared by the City of Dallas Water Utilities. Texas Surv~eying Re~tration Number 2958 PAGE 2 OF 2 PARCEL 29 TE