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ST0501-ES100122T H E G 1 T Y o r- January 22, 2010 Scott and Tara Cooper 844 Deforest Road Coppell TX 75019 COPPELL I r o, 9 RE: Deforest Road ST 05 -01 Parcel 4 — Permanent Right -of -Way Offer Letter /Letter of Permission Dear Mr. and Mrs. Cooper: The City of Coppell is in the process of finalizing the design for the reconstruction of Deforest Road from MacArthur Boulevard to Windsor Estates. This project will consist of removing the current asphalt roadway, constructing a 27 ft. wide concrete street with improved drainage, constructing 5 ft. wide sidewalk along both sides of the street, and installing traffic signals at the intersection of Deforest Road and MacArthur Boulevard. The city is in the process of acquiring right -of -way and easements from seven (7) parcels within the project limits. In order to construct the road, it is necessary to acquire the portion of land along the southern frontage of your property labeled as Parcel four (4). I am including a page from the design plans that shows your lot and the encroachment onto your property that requires the right- of -way dedication. According to the Dallas Central Appraisal District, the land is currently valued at $5.51 per square foot. The City of Coppell is offering $8,678.25 for the 1,575 square feet of land. This letter constitutes an offer from the City of Coppell for the acquisition of right - of -way as follows: Parcel 4 Acquisition of permanent right -of -way at $5.51 /sq. ft. x 1,575 sq. ft. $8,678.25 The city is also requesting permission to enter your property for minimal construction purposes. Work will consist of removing the existing pavement and 4:1 slope grading necessary to tie the proposed finished ground elevation into the existing ground elevation. Work on your property will not extend past a line 10 feet north of and parallel to the new south property line, and your property will be restored back to its original condition to the 255 PARKWAY P- 9478 * COPPELL TX 75019 * TEL 972/462 0022 * FAX 972/304 3673 maximum extent practicable. The contractor will not be allowed to access your property for any purposes other than the pavement removal and slope grading. Construction is anticipated to begin during the 3rd or 4th quarter of 2010, and the city needs to acquire the right -of -way as soon as possible. If the above offer is acceptable, please sign below and return the signed letter to this office. Once the letter is received, the process for payment of the $8,678.25 can begin. Enclosed with this Offer Letter /Letter of Permission are the right -of -way documents. The Offer Letter /Letter of Permission will grant the city permission to acquire the portion of land and to enter your property. The city respectfully requests your execution of the documents. When the check is ready, we can arrange a mutually agreeable method to exchange the documents and the check. Your consideration of this matter is appreciated and if you have any questions, please contact George Marshall at 972 - 304 -3562, or me at the number below. Sincerely, o Kenneth M. Griffin, P.E. Director of Engineering/Public Works Office (972)304 -3686 Scott Cooper or Tara Cooper Fax (972)304 -7041 kgriffin ci.coppell tx us Enclosures CITY OF COPPELL PERMANENT RIGHT OF WAY STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF DALLAS § THAT, Scott A. and Tara D. Cooper, known herein as GRANTOR, in consideration of the sum of Ten and No /100 Dollars ($10.00) and other good and valuable consideration paid by the City of Coppell, Texas, a municipal corporation of Dallas County, Texas, receipt of which is hereby acknowledged, does hereby grant, bargain, and convey to said City (GRANTEE), it successors and assigns, a permanent right -of -way and the right to construct, reconstruct and perpetually maintain a public street and/or drainage facilities and utilities, together with all necessary appurtenances thereto, and with the right and privilege at any and all times, to enter said permanent right -of -way, or any part thereof, as is necessary to the proper use of any other right granted herein, and for the purpose of constructing, reconstructing and maintaining said public street and/or drainage facilities and utilities, and for making connections therewith, in, upon and across said permanent right -of -way. Said Easement Strip being described in Exhibits "A" and `B" attached hereto and made a part hereof for all purposes. That in consideration of the benefits above set out, Grantee will remove from the easement strip, such fences, buildings and other obstructions as may be found upon said property. After construction has been completed or after any entry for repairs or maintenance, GRANTEE shall, except for removed obstructions, return the surface area of the easement strip to its original condition as nearly as practical taking into consideration the nature of the work being performed. GRANTOR reserves the right to use and maintain the surface of the easement strip for purposes which will not interfere with GRANTEE'S rights hereby granted and agree that, GRANTEE shall not be obligated for future maintenance and upkeep of the surface area. TO HAVE AND TO HOLD unto the City of Coppell, Texas, its successors or assigns for the purposes aforesaid, the premises above described. EXECUTED this day of , 2010. GRANTOR STATE OF TEXAS § COUNTY OF DALLAS § This instrument was acknowledged before me on the day of 2010, by Notary Public, State of Texas My Commission Expires: STATE OF TEXAS § COUNTY OF DALLAS § Type / Print Name of Notary This instrument was acknowledged before me on the day of , 2010, by My Commission Expires: Notary Public, State of Texas type / Print Name of Notary EXHIBIT "A" PERMANENT RIGHT -OF -WAY Being a 0.036 of an acre tract of land in the W. A. Trimble Survey, Abstract No. 1791, City of Coppell, Dallas County, Texas and being a portion of that 5.000 acre tract described in a deed to Scott A. and Tara D. Cooper and recorded in Volume 2001042, Page 8399, Deed Records, Dallas County, Texas. Said 0.036 of an acre tract of land is more particularly described as follows: Beginning at a' /2" capped iron found in the westerly line of said 5.000 acre tract and at the southeast corner of Lot 1, Block B, The Estates of Cambridge Manor, Phase Two, an addition to the City of Coppell as shown on the plat recorded in Volume 97084, Page 4971, Plat Records, Dallas County, Texas. Said point is in the northerly right -of -way line of DeForest Road as shown on said plat of The Estates of Cambridge Manor, Phase Two; Thence N 89 degrees 15 minutes 24 seconds E, 155.36 feet to a 5/8" capped iron set in the easterly line of said 5.000 acre tract and at the southwest corner of Lot 1 X, DeForest Court, an addition to the City of Coppell as shown on the plat recorded in Volume 2001241, Page 66, said plat records. Said point is in the northerly right -of -way line of DeForest Road as shown on said plat of DeForest Court; Thence S 00 degrees 50 minutes 44 seconds E with the easterly line of said 5.000 acre tract, 10.00 feet to the southeast corner of said 5.000 acre tract and being in the northerly right -of -way line of DeForest Road per the description of said 5.000 acre tract; Thence S 89 degrees 09 minutes 16 seconds W with the southerly line of said 5.000 acre tract and the northerly right -of -way line of DeForest Road per the description of said 5.000 acre tract, 155.35 feet to the southwest corner of said 5.000 acre tract; Thence N 00 degrees 53 minutes 34 seconds W with the westerly line of said 5.000 acre tract, 10.28 feet to the point of beginning and containing 0.036 of an acre or 1,575 square feet. LOT 1, BLOCK B a:� THE ESTATES OF U (L Lo CAMBRIDGE MANOR SCOTT A. & TARA D. COOPER N PHASE TWO I VOLUME 2001042, PAGE 8399 ZI VOLUME 97084, I 5.000 ACRES PAGE 4971 aJ ow< Jga o gag c� POINT OF BEGINNING PERMANENT RIGHT -OF -WAY LINE J J Q 1/2 CAPPED IRON FOUND 5 N89' 15'24 "E 155.36' N00'53'34'W 10.28' ' 18'W S89 155.35' LOT 2 DEFOREST COURT VOLUME 2001241, PAGE 66 LOT 1X DEFOREST COURT VOLUME 2001241, PAGE 66 S00'50'44 "E 10.00' PERMANENT RIGHT -OF -WAY --� 0.036 OF AN ACRE 1,575 SQUARE FEET 15' ALLEY LOT 36, BLOCK B LOT 19 LOT 20 I a VILLAGES OF COPPELL BLOCK 8 BLOCK B 'n PHASE IV A (VOLUME 91156, PAGE 1148 VILLAGES OF COPPELL PHASE IV B VOLUME 91216, PAGE 2925 NOTES: 1. ALL RECORDING INFORMATION PER DALLAS COUNTY PLAT AND DEED RECORDS. 2. BASIS OF BEARING IS GRID NORTH PER CITY OF COPPELL MONUMENTS AND THEIR PUBLISHED DATA. SURVEYED ON THE GROUND ON APRIL 1, 2009. STEVE MILLER R. P. L. S. 4224 ...... ....... STEVE MILLER 4224 , ., 1 " =50' EXHIBIT "B" Q a:� U (L Lo Ln J 0 w w ( O 0 - ww vo �a aJ ow< Jga o J J Q 5 PERMANENT RIGHT -OF -WAY W. A. TRIMBLE SURVEY ABSTRACT NO. 1791 CITY OF COPPELL DALLAS COUNTY, TEXAS MILLER SURVEYING, INC. 430 MID — CITIES BOULEVARD. HURST. TEXAS 76054 PHONE: METRO (817) 577 -1052 FAX: METRO (817) 577-0972 DRAWN BY: S.M. 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