RE 2008-0311.1CITY OF COPPELL, TEXAS
RESOLUTION NO. 2008-0311.1
A RESOLUTION PROVIDING FOR AND CONSENTING TO THE
EXERCISE OF EMINENT DOMAIN AS AUTHORIZED BY THE CITY
COUNCIL OF THE CITY OF COPPELL, TEXAS; PROVIDING FOR
THE ACQUISITION BY EMINENT DOMAIN OF PROPERTY
COMMONLY REFERRED TO AS 461 BETHEL ROAD WITHIN THE
MUNICIPAL BOUNDARIES OF THE CITY OF COPPELL, DALLAS
COUNTY, TEXAS; DECLARING A PUBLIC NECESSITY EXISTS AND
FINDING A PUBLIC USE AND PURPOSE FOR THE WELFARE AND
CONVENIENCE OF THE CITIZENS, REQUIRES THE TAKING AND
ACQUIRING OF PROPERTY FOR THE EXPANSION OF ROADWAY,
THAT CERTAIN TRACT WHICH WILL BE BURDENED WITH THE
ROADWAY EXPANSION IS SITUATED IN THE JAMES A. SIMMONS
SURVEY, ABSTRACT NO. 1296, TRACT 16, LOCATED ON THE SOUTH
LINE OF BETHEL ROAD, APPROXIMATELY 300 FEET WEST OF
COPPELL ROAD, AND CONTAINING A TOTAL OF 0.55 (+/-) ACRES
OF LAND; PROVIDING FOR AN OFFER TO PURCHASE THE UTILITY
EASEMENT FOR JUST COMPENSATION AND IF SUCH OFFER IS
REFUSED, AUTHORIZING COUNSEL TO INSTITUTE NECESSARY
PROCEEDINGS IN CONDEMNATION TO ACQUIRE THE PROPERTY
FOR UTILITY PURPOSES; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City of Coppell ("City") wishes to provide for the health and welfare of
its citizens; and
WHEREAS, the City is a home rule City with specific, enumerated powers to provide
for the health, safety and general welfare of its citizens; and
WHEREAS, it is hereby determined that a public necessity exists, and that a public use
and purpose for the welfare and convenience of the citizens requires the acquisition of an
easement for utility purposes, with such easement vesting in the City burdening the hereinafter
described property, for the public purpose of constructing and maintaining right of way for
public streets and utility improvements; and
WHEREAS, the City is authorized pursuant to Chapter 251, TEx. LOCAL GOVT CODE,
to exercise the right or power of eminent domain for public purposes to acquire property,
whether located inside or outside the municipality, where necessary for the purpose of providing
a waterworks system, water storage, drainage, treatment, distribution, transmission, or sewage
system, including sewage collection, drainage, treatment, disposal, and emptying facilities; and
WHEREAS, the City is authorized to exercise the power of eminent domain to acquire
said tract of land more fully described herein and depicted in Exhibit A, which is attached hereto
and incorporated herein; and
WHEREAS, the parcel of land so described herein has been appraised in accordance
with the provisions of Chapter 21, TEx. PROPERTY CODE to establish just compensation as
provided therein;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF COPPELL, TEXAS:
Section 1. That City Manager or designee is hereby authorized and directed to
implement the applicable provisions of this Resolution.
Section 2. That a public necessity exists and public use and purpose for the public
welfare and convenience require the acquisition of 461 Bethel Road for the expansion of
roadway for North Coppell Road and Bethel Road, being a public purposes with title vesting in
the City of Coppell, Texas, in that certain tract or parcel of land containing approximately 0.55
(+/-) acres of land in the name of the City of Coppell in, over and across the property owned by
Hassan Khosravi depicted in Exhibit A, attached hereto and made a part hereof for all purposes.
Section 3. That the public is required to obtain the subject tract for the expressed public
purpose of expanding and extending pubic right-of-way for the intersection on Bethel Road and
Coppell Road; and, for the purpose of extending southward Coppell Road South into property
owned by the City.
Section 4. That the city council of the City of Coppell hereby finds that there is a public
necessity and public use and purpose required to acquire the utility easement and the size, scope,
width and dimensions set forth herein and for the purposes stated in this Resolution.
Section 5. That an offer of a just and adequate compensation based on fair market value
shall be made for the said 0.55 (+/-) acre tract of land, more or less, including damages to the
remainder, if any. Said offer to be based on an independent appraisal. The City Manager, or
designee, is hereby authorized and directed to make an offer for the acquisition of the utility
easement to the owner of the property.
Section 6. That in the event the offer described in Section 5 herein is refused or not
accepted by the owner of the property, the City Attorney is hereby authorized and directed on
behalf of the City to file the necessary condemnation proceedings or suit and to take whatever
action may be necessary against the owner and any other parties having interest in the property to
acquire the property as set forth herein with such title vesting in the City of Coppell.
Section 7. That if it should be subsequently determined that additional parties other than
those named herein have an interest in said property then the City Attorney or designee is
authorized and directed to join said parties as defendants in said condemnation. If it is later
determined that there are any errors in the descriptions contained herein or if later surveys
Page 2
TM 25747.2.000
contain more accurate revised descriptions, the City Attorney, or designee, is authorized to have
such errors corrected or revisions made without the necessity obtaining City Council approval
authorizing condemnation of the corrected or revised property.
Section 8. That if for any reason any section, paragraph, subdivision, clause, phrase or
provision of this Resolution shall be held invalid, it shall not affect any valid provisions of this or
any other Resolution of the City of Coppell to which these rules and regulations relate.
Section 9. That the City Council hereby finds and declares all precatory language herein
to be true and correct and approves and adopts the same herein as part of this Resolution.
Section 10. That this Resolution shall take effect on and after its adoption by the City
Council of the City of Coppell.
PASSED AND APPROVED this /I �Cday of , 2008.
ATTEST:
E, D: — . .0
Libby , City Secretary
APPROVEV AS TVFARW
By: 6� '4
Robert E. Hag ity Attorne,
(REH/c/05/08 rev. 03/12108)
-00
Douglas W. Stover, Mayor
Page 3
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EXHIBIT "A"
Aerial l Ph to r aph Ir ca 2000
Page 4
TM 25747.2.000
\� 179999
ATC -98 -CP -478864-L(177) Dnd06/17/98 104M 115.00
2251
PREPARED BY THE STATE BAR OF TEXAS FOR LAWYERS USE ONLY.
REVISED 10-85
WARRANTY DEED WITH VENDOR'S LIEN
DATEt JUNE 12, 1998
GRANTORt D A S JOINT VENTURE, A TEXAS JOINT VENTURE SOLELY COMPOSED OF
STEVE LORAS AND DENNI8 TUCKER
GRANTEE: HASSAN KHOSRAVI
GRANTEE'S MAILING ADDRESSt 461 BETHEL ROAD, COPPELL, TEXAS 75019
CONSIDERATION:
For and in consideration of the sum of Ton and No/100-------------- (510.00) ------
--- Dollars and other good and valuable considerations in hand paid and secured
to be paid to grantor herein by,
HASSAN KHOSRAVI
(hereinafter called Grantee, whether one or more), the receipt of which is hereby
acknowledged and confessed; together with the further consideration of the sum
of ONE HUNDRED TWELVE THOUSAND AND NO/100 DOLLARS in cash advanced byt
STE" LORAS AND DENNIS TUCKER
(hereinafter called Lender), Lender at the special instance and request of the
Grantee herein, the receipt of which is hereby acknowledged, which advance
represents part of the purchase price of the hereby conveyed property; said
amount evidenced by the execution and delivery by the Grantee herein of one
certain promissory note of even date herewith in the principal sum of $112,000.00
payable to the order of Lender as therein provided; said Note is secured by
vendor's lien herein retained and additionally secured by a Deed of Trust of even
date herewith tot
BRYAN C. BIRKELAND, Trustee
All together with other good and valuable consideration, the receipt and
sufficiency of which is herewith acknowledged, has granted, sold and conveyed,
and by these presents does grant, sell and convey unto the hereinabove named
Grantee, all that certain land, lying, situated and being in the County of
DALLAS, state of Texas, more particularly described as follows, to -wits
PROPERTY (INCLUDING ANY IMPROVEMENTS);
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HERRoy
RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTYt
Easements, rights-of-way, and prescriptive rights, whether of record or not; all
presently recorded ins*ruments, other than liens and conveyances, that affect the
property; any discrepancies, conflicts or shortages In area or boundary lines,
or any encroachments, or protrusions or any overlapping of improvements; zoning
-- - 98 t 17 00420 T- 14
ordinances; rights of parties in possessionj rights of the public, the state of
Texas and the municipality in and to that portion of the property, if any, lying
within the boundaries of any roadway, public or private; taxes for 1998, the
Payment of which Grantee assumes= and subsequent assessments for that and prior
years due to change in land usage, ownership, or both, the payment of which
Grantee assumes.
Grantor, for the consideration and subject to the reservations from and
exceptions to conveyance and warranty, grants, sells, and conveys to Grantee the
property, together with all and singular the rights and appurtenances thereto in
any wise belonging, to have and hold it to Grantee, Grantee's heirs, executors,
administrators, successors, or assigns forever. Grantor blade Grantor and
Grantor's heirs, executors, administrators, and successors, to warrant and
forever defend all and singular the property to Grantee and Grantee's heirs,
executors, administrators, successors, and assigns against every person
whomsoever lawfully claiming or to claim the same or any part thereof, except as
to the reservations from and exceptions to conveyance and warranty.
The vendor's lien against and superior title to the property are retained
until each note described is iully paid according to its terms, at which time
this deed shall become absolute.
when the context requires, singular nouns and pronouns include the plural.
The Lender, at Grantee's request, has paid in cash to Grantor that portion of the
purchase price of the property that is evidenced by the Note described. The
vendor's Lien and superior title to the property are retained for the benefit of
the Lender herein named and are transferred to that party without recourse to
Grantor.
Executed this day of JUNE, 1998.
D i 8 MOINT VENTURE:
S ( INT
D IS TU REX, JOINT VENTURER
STATS Of TEXAS
COUNTY DALLAS
THIS INSTRUMENT WAS ACRNOwLEDGED BEFORE NE ON Taxi�D11y Or JUNE, 1998
BY STEVE LORAS AND DENNIS TU9W, JOINT VENTURERS O! D i �� A ��S
JOIN ► T[;Rg, AND IN TIM ACITY TEiREIN STATED.
AFTER RECORDING RETURN Tot
BASSAN RROSRAVI
461 BETBEL ROAD, COPPELL, TEXAS 75019
BARNo�RF� GDS
state or ieic,
Comm. e M e ly
�••.....,.__. _ -08.2001
98117 00421
TRACT It
Being a tract of land situated in the S. A. SIMMONS SURVEY, ABSTRACT NO.
1296, DALLAS County, Texas, and being the same property described in Deed
recorded in Vnlump R4076, Page 5595, Deed Records, DALLAS County, Texas,
and being more particularly described by motes and bounds as follows:
BEGINNING at a 1/2 inch iron rod found for corner in the South line of
Bethel Road (30 feet South of centerline), same being West, 68.0 feet and
South 30.00 feet from the Southeast corner of the S. F. Vest Survey,
Abstract No. 1508, same also being in the East line of a tract of land
conveyed to the Trustees, Coppell Baptist Church by Deed recorded in Volume
264, at Page 195 of the Deed Records of DALLAS County, Texas;
THENCE East along the said South line of Bethel Road for a distance of
186.00 fast to a 1/2 inch iron rod set for a corner;
THENCE South 00 degrees 12 minutes 51 seconds West for a distance of 204.00
feet to a point for corner;
THENCE West for a distance of 185.61 feet to a point for corner, same being
the Southeast corner of said coppell Baptist Church tract;
THENCE North 00 degrees 06 minutes 21 seconds East along the said East line
of the Coppell Baptist Church tract for a distance of 204.00 feet to the
POINT OF BEGINNING and CONTAINING 0.870 acres of land.
TRACT II; i
Being a tract of land situated in the J. A. SIMMONS SURVEY, ABSTRACT NO.
1296, DALLAS County, Texas, and being the same property described in Deed
recorded in volume 84076, Page 5806, Deed Records, DALLAS County, Texas,
and being more particularly described by metes and bounds as followst
BEGINNING at the Southeast corner of a tract of land conveyed *o the
Coppell Baptist church by Deed recorded in Volume 264 at Page 195 of the
Deed Records of DALLAS County, Texas, same being West, 68.00 feet and South
00 degrees 06 minutes 21 seconds West, 234.00 feet from the Southeast
corner of the J. F. Vest Survey, Abstract No. 1508 and being the Southwest
corner of Tract I;
THENCE South 0 degrees 06 minutes 21 seconds West for a distance of 16.61
feet to a 1 inch iron pipe found for a corner;
THENCE North 89 degrees 47 minutes 48 seconds East a distance of 186.59
feet to a 1/2 inch iron rod found for a corner;
THENCE North 00 degrees 12 minutes 61 seconds East for a distance of 15.95
feet to the Southeast corner of said Tract I;
THENCE West along the South line of Tract I 185.61 feet to the POINT OF
BEGINNING and CONTAINING 0.069 acre of land;
( Continued ) 98117 00422
SAVE AND EXCEPT that certain tract conveyed to Steven R. Chadwick and wife,
Victoria Graham Chadwick by Deed recorded in Volume 93080, Page 2845, Deed
Records, DALLAS county, Texas, more particularly described as follows:
BRGINNING at a 1/2 inch iron rod found in the South Right -of -Way line of
Bethel Road same being the Northwest corner of said Tract Ii
THENCE East with the South line of Bethel Road 73.00 feet to a 1/2 inch
iron rod set for a corners
THENCE South 0 degrees 06 minutes 21 seconds west 220.34 feet to a 1/2 inch
iron rod set for a corners y
THENCE South 89 degrees 47 minutes 48 seconds West 73.00 feet to a 1 inch
iron pipe for a corner;
THENCE North 00 degrees 06 minutes 21 seconds East 220.60 feet to the POINT
OF BEGINNING and CONTAINING 0.369 acre of land.
98117 00423
e,
98117 00424
98117 00424
FLOW NOTE
NO FORNON OF THE TRACT OF LAND SWM
IENIEON IS LOCATED WITHIN A 100 -VM ROOD
HMW MM Ao00110N0 10 THE NATO W
/LOGO IN�SURANCE FRO9RM^S FLOOD
tDBLNW CE
�M1MI�IIAP DALLAS COUNTY. TEXAS
WI► N{NNOt 491130030 J
EFFECTIVE DATE AUGUST 23. 2001
PROPERTY COINER N09E:
1/2' RS - 1/2' NON ROD RDD WJWW
7RRTAIN k CRAWFORD• SET
SCALE 1"= 50'
BETHEL
(VARIBLE WIDTH I
FO
h
O
5�
Y
h
a
�P
CITY Of ooaaL VOL 10030104, ra. 70. so.o.C.T. ? C
CERTIFICATE
THE PLAT HEREON IS A TRUE, CORRECT AND ACCURATE REPRESENTATION OF
THE PROPERTY AS DETERMINED BY SURVEY, THE LINES AND DIMENSIONS OF SAID
PROPERTY BEING AS INDICATED BY THE PLAT. THE SIZE, LOCATION AND TYPE OF
BUILDINGS AND IMPROVEMENTS ARE AS SHOWN. ALL IMPROVEMENTS ARE SET BACK
FROM THE PROPERTY LINES THE DISTANCE INDICATED, AND THERE ARE NO
ENCROACHMENTS OR EASEMENTS VISIBLE ON THE GROUND, EXCEPT AS SHOWN.
OWNER
HASSAN KHOSRAVI
VOL. 98117,PG. 420
D.R.D.C.T.
BRnTiuN ac pAwFoRD
LAND SURVEYING k
TOPOGRAPHIC WPPING
017) NAL -CII - NM al» 439-01 t2
M ae ts+n tY-e347
PA. bON lux • 3No Sam mlmw
NRT IWQl9Mi Valla
9e1L: Y�aFY-.�Maaern
LEQAL OESCRII IM
II1EING 0.309 we of land boded in the JA SIN/ONS SURVEY, Abound No.
1290. CpPM, Dales Coungr. Togo, and bokv a prtlon of the tracts
desirmAed an Tract I and Tract N. N the Med to Men= Khowavl,by the
Med recorded N Volum 96117, Pale 420 of the Deed Records of Dallas
County. Texas. Sold 0.309 acre of land being more particularly dooalsod
by meta and hounds. as follows:
BEGINNING at a 1/2' hon rod food at the Northeast corner of said
Khoerwl tract. and said POW OF BEOMM also lying in the South
"--of-Way line of 0~ Rood(o variobb width right -of -Way);
THENCE 5 00r 40' 12' E 10.49 fast, Mng tM East bourndogf Ino of
said Tracts I to a 1/2' hon rod marird 'BrMoin k Crawford est;
THENCE S 69' 03' 00"W 71.10 foot to a 1/2' Iron rod morked
'grittola k Crowkrd' not.
Thanes S Oix 47' 53' E 194.93 feet to a 1/2' hon rod marked
'Brktdn k Cru lei " tet;
THENCE N W 11' 57' E 97.86 foot to a 1/2' iron rod marked
'Brittain k Crawford' oot, in the cost boundary line of sold
Tract 1;
THENCE S 00' 40' 12' E 45.54 foot ol" the East boundary fine
of said Tracts I and II to 0 1/2' Iron rod found at the Southeast
Gong of sold Trott 11 boated In the North boundary Tine of the
tree! of land conveyed to the City of Ceppoll by the dad recorded
In Volume 2003094. Page 79. of the Med records of Dallas County,
Texas;
THENCE S BP 16' 49' W 112.59 fest long the South boundary One
of said Treat 11 and the Nods boundary Ine of sok! City of
Cappelli treat to a 1/2' hon rod found at the Southeast oonw of
the !root of klnd conveyed to the .City of Coppet by 1M deed
recorded in County Clark's Fils No. 20070000902. of the Dead
Records, of polos County.- Texas: .
THENCE N 00' 40' 12' W 219.93 frost al" a the East bowWory One
of said Clay of Coppet tract and savwhng sold Tracts I and I to
a 1/2' hon rod found at the Northeast corner of sold City of
Coppell tract, lying in the North boundary lbs of sold Trott I to
Hasan Khosrwi, also yinq in the South RWA-of-Way nim of
aforesaid Bohai Road;
THENCE N NNr 19' 56' E 112.59 fast a" the North boundary Ins
of sold Tract I and the South Itlght--of-Way Alae of 0 - Rood, to
THE POINT OF BEOMDMNO, contoinNp 0.306 ocre(13,339 square fad)
of tend.
srncd ,L . &�
JAMES L BRITUIN
RED tA1lD SURVEIORPROFESSIOf1AL
STATE OF TEXAS N0.
BOUNDARY SURVEY MAP
OF
0.306 ACRE OF LAND
LOCATED IN THE
JAMES A. SIMMONS SURVEY
ABSTRACT No. 1296
COPPELL10 DALLAS COUNTY, TEXAS
SEPTEMBER 1210 2008
(DDC) \SU\0LD-T01V9\OLD70WN\HASSIW\ DAL.CO.