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SS9402A-CS 981118 //"--"~/~ The City With A Beautiful Future i~r/ /~____=.~ P.O. BOX478 (COPPELL, TEXAS 75019 November 18, 1998 P.O. Box 478 Coppell, Texas 75019 972-462-0022 Joe Bob Fikes Northlake Nursery 794 S. Denton Tap Road Coppell, TX 75019 ~E: Orapev e Creek HI Sanitary Sewer Pwject #SS94-02A Dear Mr. Fikes: Thank you for allowing us the opportunity to come onto your property to perform surveying on the actual constructed location of the sanitary sewer that transverses your property. Our survey more closely reflects numbers that you provided in your January 6, 1998 letter, as opposed to the numbers that were taken from conslruction plans in the area. The green line on Exhibit C shows the existing location of the sewer line. The actual linear distance from Point 1 (your southern property line) to Point 6 (your northern property line) is 760.'/3 feet. The actual land area of a 20 foot easement required to contain the sanitary sewer would be 15214.6 feet. Based on the actual location of the sanitary sewer line, I have tried to approach this more uniquely than just simply requesting to purchase a 20 foot Sanitary Sewer Easement that contains the existing sanitary sewer line. As can be seen on Exhibit C, the actual location of the sanitary sewer is closer in on your property, thereby restricting utilization of portions of your property. In essence, the areas shown in red on Exhibit C or where the sewer line was constructed west of the existing sanitary sewer easement, thereby limiting your ability to utilize the land between the actual sewer line and the existing easement as dedicated. by deed in Volume 79074, Page 154. By the same token, there is also a section of the sanitary sewer line, generally from Point 3 to Point 4, that was constructed further east of the existing sanitary sewer easement thereby allowing you greater utilization of the land in this area. That area is shown in blue on Exhibit C. The typical rule of thumb for value of an ~asement is approximately 25 % of the value of the land. However, because the sanitm'y sewer line was constructed outside of the existing easement at the time, it does restrict your ability to fully utilize your land. Therefore, in lieu of actually purchasing a sanitary sewer easement I am proposing to compensate you for the value of the loss of the useable land on your property. In exchange for that compensation you would execute a new easement to the City of Coppell that would be a 20 foot wide easement centered on the actual location of the existing sanitary sewer line. At such time as the property is platted for redevelopment then the area shown in blue on Exhibit C would be abandoned allowing you full utilization of that area. Calculations to arrive at this offer are as follows: Point 1 to Point 2 to Point 3: encroachment of 2,447.77 square feet into your land outside of the existing easement. Point 4 to Point 5 to Point 6: encroachment of 6,874.99 square feet into your land outside of the existing easement. Total encroachment into your land outside the existing easement: 9,322.76 square feet (2447.77 + 6874.99). Point 3 to Point 4: additional 3,131.11 square feet of available land for future development. Total encroachment into your land by the construction of the sanitary sewer line outside of the easement: 6,191.65 square feet (9322.76 - 3131.11). This is shown graphically on Exhibit C as the total of the red area minus the blue area. Your Sanuary 6, 1998 letter indicated a value of the land at $5.50. Therefore, because of the impa~ of constructing the sewer line outside of the easement and denying you the usage of 6,191.65 square feet, I am proposing to offer you the land value price of $5.50 per square foot. That equates to a total offer of $34,054.08 (6191.65 x 5.5). Along with that offer the City of Coppell will abandon the 3,131.11 square feet shown in blue on Exhibit C at such time as the land is platted for redevelopment, as that area is no longer needed for access to the sanitary sewer line. In exchange for the monetary offer and the future abandonment, you would agree to execute the attached easement which provides the City of Coppell a legal easement 20 foot in width centered over the location where the sanitary sewer currently exists. You would also agree not to litigate any issue surrounding the construction of the existing sanitary sewer outside of the easement and any prior commitments to remove the same. If this offer is acceptable to you please sign below and return to me. Once I have received the letter, I will start the process for payment of the $34,054.08. When the check has been processed we ~an arrange a mutually agreeable time to meet to notarize the new easement document in exchange for the check. We realize that this has been difficult to resolve but feel that this resolution is in the best interest of all involved. If you should have any questions, please feel free to contact Ken Griffin or myself your convenience. City Manager In Agreament Joe Bob Fikes I 0 I O_ I POINT OF~'~ COMMENCING OLD EA~ENT BY DEED VOL. 79074 PG. 154'-~ NEW EASEI~NT BY PLAT VOL. 88116 PP~ 3069 NORTH LAKE NURSEI~f'-'j QUIT CLAIM DEEDS VOL, 86109 PG. 0882-84 PG. 0894-96 PG. 0909-11 ! EXISTING BY ~ J-- POINT OF' EXHIBIT < 0 Z 0 I-- Z Ld OLD EA NT BY DEED /~//// PG, 154. / /-- / / / / HE~ EASEMENT BY ~T ~ / NO.R.T~ ' \ ENCROACHMENT AREA-,6,874.99 8J RECLAIMABLE AREA'",.'5,131.11 8. f. \ \ NORTH LAKE NURSERY QUIT CLAIM DEEDS VOL. 86109 PC,.0882-84 PG. 0894-96 PG. 0909-11 I I I I $.f. t I I EXISTING VOL. ElY DEED POINT OF EXHIBIT