Loading...
SS9402B-AG 960312AC~NDA REQUEST FORM CITY COUNCIL MEETING: March 12, 1996 ITEM ITEM CAPTION= t~.~l~afi.n and annroval of a resolution to release the assessment lien against Tract 3 of the E.A. Crow S'~t~rv'~'~y":'A~~30~n the amount of $21,480.00 and .a~u. th.o~~a re~ °f ~o~~l~P~r~'.~°~ fU~r.r lmid for Trnct 9 of the E.A. CroW Survey, n.b.~rn?._ ~_.~_ .. ...... ,~ ~-- '"' "" ~"~'"~'" TITLE: Assistant City Mnnnger/City Engineer INITIALS I~l STAFF COMMENTS: See attached memo. A PP£O VED BY ~~,,~ 9~'-/'~~--~ STAFF RF, COMMENDATION EXPLANATION: Staff will be available to answer any questions at the Council meeting. BUDOET AMT.$ AMT. EST.$ +/- BUD,S FINANCIAL COMMENTS: Funds for this refund, vi11 come fr~.~ ............. . ................ ,,~ FINANCIAL REVIEW.~ A~enda Request Form - Revised 1194 CITY ~IkOER REVIEW: Docun~nt Name eng.01 To: From: Mayor and City Council Kenneth M. Griffin, P.E., ACM/City Engineer Consideration and approval of a resolution to release the assessment lien against Tract 3 of the E.A. Crow Survey, Abstract 301 in the amount of $21,480.00 and authorizing a refund of the assessment previously paid for Tract ~9 of the E.A. Crow Survey, Abstract 301 in the amount of $21,888.73 in exchange for utility and construction easements and authorizing the City Manager to sign. Date: March 5, 1996 The City has been negotiating with J.C. Thweatt, 401 S. Denton Tap Road concerning the acquisition of utility easements and temporary construction easements to complete the construction of the sanitary sewer line from Grapevine Creek north and west to the intersection of Bethel School with Harris Road This sewer line is part of our Master Plan to upgrade, from an 8" to a 12" sewer line. During the course of the design and the bidding of the project, our conversations with Mr. Thweatt indicated that it shouldn't be a problem to obtain the necessary easements. However, when the time came to actually acquire the easements, Mr. Thweatt began discussing the various "injustices" that had been beswwed upon him by past regimes of the City of Coppell. Mr. Thweatt made it very clear that the City would not be able to acquire the necessary easements. One of the biggest obstacles to the negotiations was that the Dallas County Appraisal District was carrying approximately 2 acres of floodplain land owned by Mr. Thweatt on the tax roll at a high taxable value. During our last conversation, Mr. Thweatt stated that,because of past dealings with the City, even a million dollars wouldn't be enough to acquire the necessary easements. Obviously, at that point negotiations were broken off. Since those negotiations, the Appraisal District has reevaluated the property along Denton Creek and because it is in the floodplain has greatly reduced the value, in turn reducing the taxes due. The City made additional contact with Mr. Thweatt and it appears as though his position had soften somewhat. Taking advantage of the opportunity to renegotiate, short of going through the condemnation process, Mr. Thweatt indicated three issues that would be necessary to acquire the needed easements. Attached is a letter from Mr. Thweatt indicating that he agrees to those issues and that if they are agreed upon by Council he will provide the City with the necessary easements to complete the construction of the project. In summary the three issues are: 1) not to disturb the Bois d'arc trees on the property; 2) refund the previous assessment paid in the amount of $28,888.73; and 3) resend the requirement to pay the assessment on the remaining property in the amount of $21,480.00. In essence, the real transfer of dollars will be in the amount of $21,888.73. The waiving of the assessment on the one parcel of property will be somewhat offset in the fact that when the property does develop the developer will be required to pay RoadWay Impact Fees based on the development at that time. Staff recommends favorable consideration of this request so that the project can be expedited and completed. Staff will be available to answer questions at the Council meeting. The City With A Beautiful FutUre P.O. Box 478 Co~, Texas 75019 P.O. Box 478 ~, Texas 75019 214-462-0022 March 6, 1996 J.C. Thweatt 401 S. Denton Tap Coppell, Texas 75019 Right-of-way / Easement Acquisition Bethel Road Sanitary Sewer Project SS 94-02C Dear Mr. Thweatt: This letter is written as a follow-up to my February 14, 1996 letter in which I listed the three conditions you are requesting before you agree to provide the City the easement and the fight-of- way. This item is scheduled for Council consideration on March 12, 1996. When this was submitted to be placed on the Council agenda, it was noted by the Finance Department that I had listed a wwng number under Item 2. My February 14, 1996 letter stated that you had paid $28,888.73 for the assessment on the property south of Bethel School Road adjacent to Denton Tap. The actual amount of the assessment that you paid was $21,888.73. My agenda item is being revised to reflect that the amount of the reimbursement to you would be the actmd amount that you paid, i.e., $21,888.73. I apologize for the error on the initial letter, however, your intent was to be reimbursed the ac'ttl~l., amount that you paid. . If you should have any questions please feel free to contact me at your convenience. Sincerely, Kenneth M. Griff'm, P.E. Assistant City Manager/City Engineer The City With A Beautiful Future P.O. Box 478 Col~pell, Texas 75019 P.O. Box 478 Copl3etl, Texas 7501 214-462-0022 February 14, 1996 $.C. Thweatt 401 S. Denton Tap Coppell, Texas 75019 Re: Right-of-way / Easement Acquisition Bethel Road Sanitary Sewer Project SS 94-02C Dear Mr. Thweatt: This letter is written as a follow-up to our meeting on February 9, 1996 in which we discussed the need for the City to acquire an easement. Based on previous conversations and on that meeting, it is my understanding that the following three conditions are what you are requesting before you will agree to provide the City the easement and the right-of-way. 1. The contractor is not to disturb the existing Bois d'arc trees along the north side of Bethel Road located on your property. It is my understanding that these trees are outside the limits of the requested right-of-way, however, they would be within the limits of some of the actual construction activities. 2. The City is to refund the monies that you paid for the assessment on your property that you owned south of Bethel School Road adjacent to Dellion Tap Road that was assessed in conjunction with the construction of Denton Tap R°a~'from Belt Line Road to Sandy Lake Road. The property is identified as the Edward A. Crow Survey, Abstract 301 as filed in Volume 77093, page 0009 and is referred to as Parcel//43 on the City of Coppell assessment roll. The total amount you paid for that assessment was $28,888.73. The City is requested to waive the requirement for you to pay the assessment on the property you currently own north of Bethel School Road adjacent to Denton Tap Road. The property is identified as the Edward A. Crow Survey, Abstract 301 as filed in Volume 89, page 2382 and is referred to as Parcel #42 on the City of Coppell assessment roll. The amount of that initial assessment was $21,480.00. It is my understanding that if the City agrees to these three conditions that you will sign the easement and right-of-way documents necessary for the City to construct~-the Bethel Road sanitary sewer project as designed by our consultant. If you concur with this letter please sign and return one copy. Once I have received ~ signed copy, I will place this item on the agenda for City Council to take official actiOn. If Council agrees and grants these three conditions then the City of Coppell would provide the refund once we have received the official signed copies of the easement and fight-of-way. If you should have any questions plea,se feel free to contact me at your convenience. Sincerely, Ke~nneth M. Griffin, P.E. Assistant City Manager/City Engineer J.C. Thweatt cc: Garreth D. Campbell, Construction Inspector RESOL~ON OF Tm~ CITY OF COPP~.L RESOLUTION NO. ~-/ A RESOLUTION OF THE CITY OF COPPELL, TEXAS AUTHOIHZING RELEASE OF A STREET ASSESSMENT FOR AND IN CONSIDERATION OF THE DEDICATION BY THE PROPERTY OWNER OF TWO PERMANENT UTILITY EASEMENTS AND A TEMPORARY CONSTRUCTION EASEMENT; PROVIDING FOR EXECUTION OF A RELEASE UPON RECEIPT OF AN EASEMENT DEED; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, by Ordinance No. 90472, dated April 10, 1990, a street assessment was levied against Joseph C. Thweatt, owner of a 13.9258 acre tract of land at 401 S. Denton Tap Road (Abstract 301 Tract 3 E. A. Crow Survey), Coppell, Texas, in the sum of $21,480; and WHEREAS, the assessment has not been paid in full and the City is desirous of acquiring a permanent utility and a temporary construction easement from the referenced property and a permanent utility easement from Abstract 301 Tract 9 E. A. Crow Survey both properties belonging to Joseph C. Thweatt; and WHEREAS, the parties have agreed that it is reasonable that Joseph C. Thweatt dedicate the easements to the City in exchange for a release of the street assessment; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That upon delivery to the City of the two permanent utility easements and the temporary construction easement deeds from Joseph C. Thweatt for the properties described in Exhibits "A" & "B" attached hereto and made part hereof for all purposes, the City Manager be, and he is hereby, authorized to execute a full release of the certificate of special assessment authorized against the Joseph C. Thweatt property by Ordinance No. 90472. SECTION 2. That this Resolmion shall take effect from and after its passage, and it is accordingly so resolved. D YIIb ?ASS_E.D and, approved by the City Council of the City of Coppell, Texas on this the /,J:f~day of~, 1995. TOM MORTON, MAYOR APPROVED AS TO FORM: PETER G. SI~IITff, CITY ATTORNEY LINDA GRAU, CITY SECRETARY