RE 2005-1117.1CITY OF COPPELL~ TEXAS
RESOLUTION NO. 2005-1117.1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COPPELL~ DETERMINING THE NECESSITY FOR THE
ACQUISITION OF VARIOUS TRACTS OF LAND AND RIGHTS-OF-
WAY LOCATED TO THE EAST OF BELTLINE ROAD AND NORTH
OF HACKBERRY ROAD~ AS DESCRIBED IN EXHIBITS "A' AND
"B' ATTACHED HERETO AND INCORPORATED HEREIN~ WITHIN
THE CITY OF DALLAS~ DALLAS COUNTY~ TEXAS~ FOR THE
PUBLIC USES~ NECESSITIES AND/OR PURPOSES OF PARKS AND
RECREATION FOR THE USE OF THE CITY AND/OR CO-JOINTLY
WITH THE COPPELL INDEPENDENT SCHOOL DISTRICT~
WORKFORCE HOUSING~ SENIOR HOUSING~ AND/OR PUBLIC
ACCESS AND RIGHT-OF-WAY THERETO; AUTHORIZING THE
CITY ATTORNEY OR SPECIAL COUNSEL TO FILE AN EMINENT
DOMAIN PETITION TO ACQUIRE THE PROPERTY DESCRIBED IN
EXHIBITS "A' AND "B' ATTACHED HERETO; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City of Coppell has a public necessity, use and
purpose for the property and rights-of-way located to the east of Beltline Road
and to the north of Hackberry Road (the "Property"), as described in Exhibits "A"
and "B" attached hereto and incorporated fully herein, for the purposes of parks
and recreation for the use of the City and to be operated and maintained by the
City in its individual capacity or co-jointly with the Coppell Independent School
District, workforce housing, senior housing and public access and right-of-way
thereto; and,
WHEREAS, on November 8, 2005, the City Council adopted
Resolution No. 2005-1108.3 which authorized the City Attorney or Special
Counsel (Robert H. Freilich, Paul, Hastings, Janofsky & Walker, Los Angeles,
California) to obtain an appraisal for the Properties to be condemned; and
WHEREAS, Special Counsel extended an offer in writing
accompanied by a USPAP Restricted Use Appraisal to purchase the Property
described in Exhibit "A" to its owners, CB Parkway Business Center VI, Ltd. &
Trammel Crow Co. No. 43, Ltd. ("Crow Billingsley"), on November 10, 2005 to
terminate on Wednesday, November 16, 2005 at 5:00 pm CST; and
WHEREAS, Special Counsel extended an offer (the "Offer") in writing
accompanied by a USPAP Restricted Use Appraisal to purchase the Property
described in Exhibit "B" to its owners, Texas Utilities ("TXU"), on November 10,
2005 to terminate on Wednesday, November 16, 2005 at 5:00 pm CST; and
WHEREAS, Crow Billingsley and TXU (together, the "Owners"),
through their officers, have personally acknowledged receipt of the Offer as of
November 10, 2005; and
WHEREAS, the Owners have failed to accept the Offer by November
16, 2005 at 5:01 p.m.;
WHEREAS, prior to and subsequent to the filing of the petition in
condemnation, the City will continue to negotiate in good faith with the Owners.
NOW~ THEREFORE~ BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF COPPELL~ TEXAS:
Section 1. That the City Council of the City of Coppell, Texas hereby finds
and determines that a public use, purpose and necessity exists for the welfare of
the City and its citizens and it is in the public interest to acquire various tracts of
land and rights-of-way located to the east of Beltline Road and to the north of
Hackberry Road, as more fully described in Exhibits "A" and "B", attached hereto
and incorporated herein, within the City of Dallas, Dallas County, Texas, for the
public uses, necessities and purposes of parks and recreation for the use of the
City of Coppell and/or co-jointly with the Coppell Independent School District
and/or for workforce and/or senior housing, and public access and/or right-of-
way thereto.
Section 2. That the City Manager, City Attorney, Special Counsel or their
designee, is hereby authorized on behalf of the City to file or cause to be filed
against the Owners and interested parties of the Property, proceedings in eminent
domain to acquire the Property in fee simple, in Dallas County, Texas and to fully
prosecute the same.
Section 3. If it is later determined that there are any errors in the
descriptions contained herein or if later surveys contain more accurate revised
descriptions, the City Attorney, Special Counsel or designee is authorized to have
such errors corrected or revisions made without the necessity obtaining City
Council approval authorizing the condemnation of the corrected or revised
properties.
Section 4. That the Owners or parties claiming an interest in said
properties are as depicted on the attached Exhibits "A" and "B".
Section 5. That the City Counsel is hereby authorized to seek any and all
injunctive relief necessary for the prosecution of the action, including but not
limited to, an injunction to obtain an environmental assessment of the sites being
considered and surrounding properties
Section 6. That this Resolution shall take effect immediately from and
after its adoption and it is so resolved.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
COPPELL~ TEXAS, this 17th day of November, 2005.
bou/glad N.~tover, Mayor
ATTEST:
-- Libl~y B~' Secretary
A~RM:
Robert E. Hal, City Attorney
3
LEGAL DESCRIPTION
BEING 54.669 acres of land located in the JOHN L. WHITMAN SURVEY,
Abstract No. 152i,and the G.W. LAWS SURVEY, Abstract No. 843, Dallas,
Dallas County, Texas, and being a portion of the Tract of land conveyed
to CB Parkway Business Center VI, Ltd., and Trammell Crow Company No. 43,
Ltd, by the deed recorded in Volume 2004 178, Page 4 of the Deed Records
of Dallas County, Texas. Said 54.669 acres of land being more
particularly described by metes and bounds, as follows:
BEGINNING at a 5/8" iron rod found marked Carter and Burgess at the most
Westerly Southwest corner of said CB Parkway Business and Trammell
Crow Company Tract, and said point of beginning being located in
the East right-of-way line of Beltline Road (a 60 foot wide right-
of-way).
THENCE N 00^ 30' 46" W 514.18 feet, along the most Westerly West
boundary line of said CB Parkway Business and Trammell Crow Company
Tract and the East right-of-way line of said Beltline road to a
5/8" iron rod found marked Carter and Burgess;
THENCE departing said right-of-way line and running along the North
boundary line of said CB Parkway Business and Trammell Crow Company
Tract as follows:
2.
4.
5.
6.
7.
8.
9.
N 83^ 15 17" ~
N 14^ 40 29" E
N 40^ 28 20" E
N 05^ 50 16" E
N 22^ 26 20" E
N 58^ 58 16" E
N 89^ 05 28" E
S 67^ 24 34" E
S 28^ 17 24" E
10. S 16^ 55' 56" W
11. S 25^ 04' 51" E
12. S 50^ 45' 44" E
13. S 46^ 29' 57" E
592.40 feet,~ to a point;
769.17 feet,, to a point;
316.63 feet, to a point;
230.41 feet, to a point;
111.07 feet, to a point;
98.00 feet, to a point;
102.74 feet, to a point;
224.52 feet, to a point;
190.99 feet, to a point;
316.53 feet, to a point;
634.48 feet, to a point;
660.67 feet, to a point;
568.21 feet, to a point;
THENCE S 89^ 44' 38" W 2635.08 feet, departing said North boundary
line and severing said CB Parkway BusineSs and Trammell Crow
Company Tract to THE PLACE OF BEGINNING, containing 54.669 acres
(2,381,386 square feet) of land.
N 89'05'28"E
102.74'
N 58'58'16"E
98.0(
N 22'26'20"E
111.07
N 05'50'1 6"E
2`30.41
N 40'28'20"E
,31
N 8`3' 15' 17"E
5~
54.669 ACRES
2,381,577 SO.FT.
$ 25'04'51"E
1.8'
· ~/2" ~RON
ROD FOUND
CB PARKWAY BUSINESS CENTER VI, LTD:(
TRAMMELL CROW COMPANY No. 4.3, LTD.
VOL. 2004178, PG. 4, D.R.D.C.T.
N 00'`30'46"W
--514.18'
S 46'29'57"E
568.21
POINT
518" ~ROl
STAMPED "CAI
S 89'44'`38"W
BEGINNING
I ROD FOUND .
:TER & BURGESS
26`35.08'
SCALE 1"'= 500'
[RITTAIN & CRAWFORD
LAND SURME'Y1NG ,'.,
~OX 11~74 · 3~,OEI SOUTH FRE:LCWAY
FORT 1#0Rt~. ~ 76110
SURVEY MAP
OF
541339 ACRES OF LAND
LOCATED iN THE
JOHN L. WHITMAN SURVEY, ABSTRACT No. 1521
AND THE
O.W. LAWS SURVEY, ABSTRACT No. 84-5
DALLAS, DALLAS COUNTY, TEXAS
LEGAL DESCRIPTION
BEING 16.921 acres of land located in the JOHN L. WHITMAN SURVEY,
Abstract No. 1521, and the SAMUEL LAYTON SURVEY, Abstract No. 784,
Dallas, Dallas County, Texas, and being a portion of the Tract of land
conveyed to CB Parkway Business Center VI, Ltd., and Trammell Crow
Company No. 43, Ltd. by the deed recorded in Volume 2004 178, Page 4 of
the Deed Records of Dallas County, Texas. Said 16.921 acres of land
being more particularly described by metes and bounds,.as follows:
COMMENCING at a point at the most Southerly Southwest corner of said CB
Parkway Business and.Trammell Crow Company Tract;
THENCE N 89^ 08' 12" E 2147.68 feet, to a 5/8" iron rod found marked
Carter and Burgess found;
THENCE S 89^ 18' 30" E 562.48 feet, to the POINT OF BEGINNING. Said
point of beginning also lying in the South boundary line of said CB
Parkway Business and Trammell Crow Company Tract, and the North
right-of-way line of Hackberry Road;
THENCE N 00^ 18' 54" W 900.80 feet, to point in the North boundary
line of said CB Parkway Business and Trammell Crow C~mpany Tract;
THENCE
Trammell Crow Company Tract as follows:
1. S 64^ 31' 22" E
2. N 73^ 37' 25" E
THENCE S 21^ 52' 30" W
line and severing said CB Parkway Business and Trammell Crow
Company Tract to a point;
along the North boundary line of said CB Parkway Business and
406.19 feet~, to a point;
818.95 feet, to a point;
172.96 feet, departing said North boundary
THENCE S 27^ 40' 25" W 908.34 feet, to a point in the South boundary
line of said CB Parkway Business and Trammell Crow Company Tract,
and ~he North right-of-way line of aforesaid Hackberry Road;
THENCE N 89^ 18' 30" W 661.21 feet, along the South boundary line of
said CB Parkway Business and Trammell Crow Company Tract, and the
North right-of-way line of said Hackberry Road to THE PLACE OF
BEGINNING, containing 16.921 acres (737,070 square feet) of land.
CB PARKWAY BUSINESS
CENTER VI, LTD
TRAMMELL CROW COMPANY
No. 45, LTD.
VOL. 2004178, PG. 4
D.R.D.C.T.
N 00'18'54;'W
900.78
SOUTHWEST CORNER OF
NCB PARKWAY BUSINESS
CENTER VI, LTD. TRACT
89'/,0~8' 12"E S 89'18'30"E
- 214-7.68' 1"* 562.4-8'
· 5/8" IRON
ROD FOUND
POINT OF BEGI
SCALE 1": 500'
S 64°51'2;:"E
406.19?
t
16.92t ACRES
73,7066 SQ.FT,
N 89'18'50"W
6611.21'
S 21°52'50"W
172.96'
S 27'40'26"W
--908,52'"
5/8" IRON ROD FOUND
HACKBERRY ROAD
RITTAIN & CRAWFORD
LAND SURVEYING &:
~'~X ~. (817)
~ ~, ~ 78110
~ ~l~b~ln~.~
SURVEY MAP
OF
t6.921 ACRES OF LAND
LOCATED IN THE
JOHN L. WHITMAN SURVEY, ABSTRACT No. t521
AND THE
SAMUEL LAYTON SURVEY., ABSTRACT No. 784-
DALLAS, DALLAS COUNTY, TEXAS
LEGAL DESCRIPTION
BEING 25.885 acres of land located in the G.W. LAWS SURVEY, Abstract No.
843, and the JOHN L. WHITMAN SURVEY, Abstract No. 1521,. Dallas, Dallas
County, Texas, and being a portionof the Tract of land conveyed to
Dallas Power & Light Company, by the deeds recorded in Volume 4424, Page
301, and Volume 4378, Page 380 of the Deed Records of Dallas County,
Texas. Said 25.885 acres of land being more particularly described by
metes and bounds, as follows:
BEGINNING at a 5/8" iron rod found marked Carter and Burgess lying in the
East right-of-way line of Beltline Road (a 60 foot wide right-of-
way at this point) and said point of beginning lying in the West
boundary line of aforesaid Dallas Power & Light Company Tracts, and
said point of beginning being located at the most Westerly
Northwest corner of the Tract of land conveyed to CB Parkway
Business Center VI, Ltd., and Trammell C~ow ComPany No. 43, Ltd.,
by the deed recorded in Volume 2004 178, Page 4 of the Deed Records
of Dallas County, Texas.
THENCE along the East right-of-way line of said Beltline Road as
follows:
1. N 00^ 30' 46" W 821.85 feet, to a point;
2. N 05^ 11' 19" E
3. N 00^ 30' 46" W
402.00 feet, to a point;
214.75 feet, to a point;
THENCE EAST 1111.40 feet, departing.said right-of-way line and
severing said Dallas Power & Light Company Tracts, to a point in ~
the North boundary line of aforesaid CB Parkway Business Center VI,
Ltd., and Trammell Crow Company NO. 43, Ltd., Tract;
THENCE along the North boundary line-of said CB Parkway Business and
Trammell Crow Company Tract as follows:
1. S 58^ 58' 16" W 98.00 feet, to a point;
2. S 22^ 26' 20" W 111.07 feet, to a point;
3. S 05^ 50' 16" W 230.41 feet, to a point;
4. S 40^ 28' 20" W 316.63 feet, to a point;
5. S 14^ 40' 29" W 769.17 feet, to a point;
6. S 83^ 15' 17" W 592.40 feet, to THE PLACE OF BEGINNING,
containing 25.885 acres (1,127,533 square feet) of land.
N '00'50'46"W
N 05'11'19"E
0
Ct:
POINT 0
BEGINNING
EAST
1111.40'
25.885 ACRES
1,127,553 Se,FL
DALLAS POWER
&: LIOHT Co.
VOL4424, PG.301
D.R.D.C.T.
DALLAS POW~
UOHT Co.
D.R.D.C.T.
16"W 98.00'
6'20"W 111.07'
IRON ROD FOUND
STAMPED 'CARIER & BURGESS'
6"W 230.41'
S 40'28'20' ~:'
516.65' ~. ~,.
CB PARKWAY BUSINESS CENTER V1, LTD.
TRAMMELL CROW COMPANY No. 45, LTD
VOL. 2004178, PO. 4, D.FLD.C.T.
HACKBERRY ROAD
SCALE 1',= 500'
SURVEY !~
OF
25.885 ACRES OF LAND
LOCATED IN THE
JOHN L. WHITMAN SURVEY, ABSTRACT No. 1521
AND THE
G.W. LAWS SURVEY, ABSTRACT No. 8z~5
DALLAS, DALLAS COUNTY, TEXAS