ST0501-ES100122T H E C 1 T Y O F
COPPELL
F x A s � y �i� a a
January 22, 2010
Sharon M. Watts
900 Deforest Road
Coppell TX 75019
RE: Deforest Road Reconstruction
ST 05 -01
Parcel 7 — Permanent Right -of -Way Offer Letter /Letter of Permission
Dear Ms. Watts:
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 a total of seven
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 Parcel seven (7).
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 $4.25
per square foot. The City of Coppell is offering $12,248.50 for the 2,882 square feet of
land. This letter constitutes an offer from the City of Coppell for the acquisition of right -
of -way as follows:
Parcel 7
Acquisition of permanent right -of -way at
$4.25/sq. ft. x 2,882 sq. ft. $12,248.50
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 the property will be restored back to its original condition to the
maximum extent practicable. The contractor will not be allowed to access your property
for any other purposes other than the pavement removal and slope grading.
255 PARKWAY * P.O.BOX 9478 * COPPELL TX 75019 * TEL 972/462 0022 * FAX 972/304 3673
2
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 $12,248.50 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.
Sincerely,
Kenneth M. Griffin, P.E.
Director of Engineering/Public Works
Office 972/304 -3686 Sharon M. Watts
Fax 972/304 -7041
kgriffingci.cop_pell.tx us
Enclosures
CITY OF COPPELL
PERMANENT RIGHT OF WAY
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF DALLAS §
THAT, Sharon M. Watts, 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:
Type / Print Name of Notary
STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on the
, 2010, by
day of
Notary Public, State of Texas
My Commission Expires:
Type / Print Name of Notary
EXHIBIT "A"
PERMANENT RIGHT -OF -WAY
Being a 0.066 of an acre tract of land in the W. A. Trimble Survey, Abstract No. 1791,
City of Coppell, Dallas County, Texas and being a southerly portion of Lot 1, Nettie
Long Addition, an addition to the City of Coppell as shown on the plat recorded in
Volume 96044, Page 233, Plat Records, Dallas County, Texas. Said 0.066 of an acre
tract of land is more particularly described as follows:
Beginning at a 5/8" capped iron set in the westerly line of said Lot 1 and at the southeast
corner of Lot 19X, 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 N 89 degrees 10 minutes 08 seconds E, 293.25 feet to a 5/8" capped iron set in
the easterly line of said Lot 1 and being in the north to south right -of -way line of
DeForest Road as shown on the plat of Windsor Estates Addition, an addition to the City
of Coppell as shown on the plat recorded in Volume 2001077, Page 2283, said plat
records. From said point the southwest corner of Lot 1X, Block A, Windsor Estates
Addition bears N 00 degrees 54 minutes 17 seconds W, 11.18 feet;
Thence S 00 degrees 54 minutes 17 seconds E with the easterly line of said Lot 1 and the
north to south right -of -way line of DeForest Road as shown on said plat of Windsor
Estates Addition, 9.83 feet to the southeast corner of said Lot 1 and in the northerly right -
of -way line of Deforest Road as shown on said plat of Nettie Long Addition;
Thence S 89 degrees 10 minutes 08 seconds W with the southerly line of said Lot 1 and
the northerly right -of -way line of DeForest Road as shown on said plat of Nettie Long
Addition, 293.26 feet to the southwest corner of said Lot 1;
Thence N 00 degrees 50 minutes 43 seconds W with the westerly line of said Lot 1, 9.83
feet to the point of beginning and containing 0.066 of an acre or 2,882 square feet.
WINDSOR ESTATES ADDITION
VOLUME 2001077, PAGE 2283
DEFOREST COURT LOT 1 \ LOT 2
VOLUME 2001241, Z NETTIE LONG ADDITION Co ' /
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r PAGE 66 irZ
is VOLUME 96044, PAGE 233 LOT 1 \\ /
4� / co
- Q g PERMANENT RIGHT -OF -WAY I
LU 0.066 OF AN ACRE ? I
LOT 18 LOT 1X
COW ~ Z 2,882 SQUARE FEET ^
LOT 19 X N89' 10'08E 293.25' t t. t e , - E O
An
N0 50 - W 9.83' SSW I0'08'W 293.26' 9 ' LOT 19X
DEFOREST ROAD - -
15' ALLEY
T7 I I I M
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LOT 45 ILOT 44 LOT 43 SLOT 42 I LOT 41 LOT 40 (LOT 39 (LOT 38 (LOT 37 (LOT 36 (LOT 35 I o c d
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VILLAGES OF COPPELL VILLAGES OF COPPELL o � a
PHASE III A PHASE III B
VOLUME 91156, PAGE 1165 -PHASE UNE VOLUME 93002, PAGE 4701
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.
1 " = 100'
( SURVEYED ON THE GROUND
ON APRIL 1, 2009.
STEVE MILLER
R. P. L. S. 4224
r
STEVE MILLER_
4224 • ,
EXHIBR 'B'
PERMANENT RIGHT —OF —WAY
PORTION OF LOT 1
NETTIE LONG ADDITION
AN ADDI110N TO THE CITY OF COPPELL
AS SHOWN ON THE PLAT RECORDED IN
VOLUME 96044, PAGE 233
PLAT RECORDS, DALLAS COUNTY, TEXAS
AND IN THE W. A. TRIMBLE SURVEY
ABSTRACT NO. 1791,
DALLAS COUNTY, TEXAS
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TEXAS LANDOWNER'S BILL OF RIGHTS
This Bill of Rights applies to any attempt by the government or a private entity to take your
property. The contents of this Bill of Rights are prescribed by the Texas Legislature in Texas
Government Code Sec. 402.031 and Chapter 21 of the Texas Property Code.
You are entitled to receive adequate compensation if your property is taken for a public
use.
Your property can only be taken for a public use.
Your property can only be taken by a governmental entity or private entity authorized by
law to do so.
4. The entity that wants to take your property must notify you about its interest in taking
your property.
The entity proposing to take your property must provide you with an assessment of the
adequate compensation for your property.
6. The entity proposing to take your property must make a good faith offer to buy the
property before it files a lawsuit to condemn the property.
7. You may hire an appraiser or other professional to determine the value of your property
or to assist you in any condemnation proceeding.
You may hire an attorney to negotiate with the condemning entity and to represent you in
any legal proceedings involving the condemnation.
Before your property is condemned, you are entitled to a hearing before a court-
appointed panel that includes three special commissioners. This specialized hearing panel
must determine the amount of compensation the condemning entity owes for the taking
of your property. The commissioners must also determine what compensation, if any,
you are entitled to receive for any reduction in value of your remaining property.
10. If you are unsatisfied with the compensation awarded by the special commissioners, or if
you question whether the taking of your property was proper, you have the right to a trial
by a judge or jury. If you are dissatisfied with the trial court's judgment, you may appeal
that decision.
January 31, 2008 Page 1
CONDEMNATION PROCEDURE
Eminent Domain is the ability of certain entities to take private property for a public use.
Private property can include land and certain improvements that are on that property.
Private property may only be taken by a governmental entity or private entity authorized
by law to do so.
Your property may be taken only for a public use. Eminent domain cannot be used to
take your property for economic development purposes, except for limited exceptions provided
by law.
Your property cannot be taken without adequate compensation. Adequate compensation
includes the market value of the property being taken. It may also include certain damages, if
any, to your remaining property caused by the acquisition itself or by the way the condemning
entity will use the property.
How the Takinz Process Begins
The taking of private property by eminent domain must follow certain procedures. First,
the entity that wants to condemn your property must notify you about its interest in acquiring
your property. Second, before a condemning entity begins negotiating with you to acquire your
property, it must send this Landowner's Bill of Rights statement to the last known address of the
person in whose name the property is listed on the most recent tax roll.
Third, the condemning entity must make a good faith offer to purchase the property. The
condemning entity's offer must be based on an investigation and an assessment of adequate
compensation for the property. At the time the offer is made, the governmental condemning
entity must disclose any appraisal reports it used to determine the value of its offer to acquire the
property. You have the right to either accept or reject the offer made by the condemning entity.
Condemnation Proceedin -s
If you and the condemning entity do not agree on the value of the property being taken,
the entity may begin condemnation proceedings. Condemnation is the legal process for the
taking of private property. It begins with a condemning entity filing a claim for your property in
court. If you live in a county where part of the property being condemned is located, the claim
January 31, 2008 Page 2.
must be filed in that county. Otherwise, the claim can be filed in any county where at least part
of the property being condemned is located. The claim must describe the property being
condemned, the intended public use, the name of the landowner, a statement that the landowner
and the condemning entity were unable to agree on the value of the property, and that the
condemning entity provided the landowner with the Landowner's Bill of Rights statement.
Special Commissioners' Hearing
After the condemning entity files a claim in court, the judge will appoint three
landowners to serve as special commissioners. These special commissioners must live in the
county where the condemnation proceeding is filed, and they must take an oath to assess the
amount of adequate compensation fairly, impartially, and according to the law. The special
commissioners are not authorized to decide whether the condemnation is necessary or if the
public use is proper. After being appointed, the special commissioners must schedule a hearing
at the earliest practical time and place and provide you written notice of that hearing.
You are required to disclose to the governmental condemning entity, at least ten days
before the special commissioners' hearing, any appraisal reports used to determine your opinion
about adequate compensation for the property. You may hire an appraiser or real estate
professional to help your determine the value of your private property. You may also hire an
attorney regarding these proceedings.
At the hearing, the special commissioners will consider evidence on the value of the
property, the damages to remaining property, any value added to the remaining property as a
result of the project, and the uses to be made of the property being taken.
Special Commissioners' Award
After hearing evidence from all interested parties, the special commissioners will
determine the amount of money to be awarded as adequate compensation. You may be
responsible for the costs if the Award is less than or equal to the amount the condemning entity
offered before the condemnation proceeding began. Otherwise, the condemning entity will be
responsible for the costs. The special commissioners will give a written decision to the court
that appointed them. That decision is called the "Award." The Award must be filed with the
court and the court must send written notice of the Award to all parties.
January 31, 2008 Page 3.
After the Award is filed, the condemning entity may take possession of the property
being condemned, even if either party appeals the Award of the special commissioners. To take
possession of the property, the condemning entity must either pay you the amount of the Award
or deposit the amount of the Award into the registry of the court. You have the right to withdraw
the deposited funds from the registry of the court.
Ohiection to the Special Commissioners' Award
If either you or the condemning entity is dissatisfied with the amount of the Award, either
party can object to the Award by filing a written statement of objection with the court. If neither
party timely objects to the Award, the court will adopt the Award as the final judgment of the
court. If a party timely objects to the special commissioners' Award, the court will hear the case
in the same manner as other civil cases.
If you object to the Award and ask the court to hear the matter, you have the right to a
trial by judge or jury. The allocation of costs is handled in the same manner as with the special
commissioners' Award. After that trial, either party may appeal any judgment entered by the
court.
Dismissal of the Condemnation Action
A condemning entity may file a motion to dismiss the condemnation proceeding if it
decides it no longer needs your property. If the court grants the motion to dismiss, the case is
over and you are entitled to recover reasonable and necessary fees for attorneys, appraisers,
photographers, and for other expenses incurred to the date of the hearing on the motion to
dismiss.
You may also file a motion to dismiss the condemnation proceeding on the ground that
the condemning entity did not have the right to condemn the property, including a challenge as
to whether the property is being taken for a public use. If the court grants your motion, the court
may award you reasonable and necessary fees for attorneys, appraisers, photographers, and for
other expenses incurred to the date of the hearing or judgment.
January 31, 2008 Page 4.
Relocation Costs
If you are displaced from a residence or place of business, you may be entitled to
reimbursement for reasonable expenses incurred while moving personal property from the
residence or relocating the business to a new site. You are not entitled to these relocation costs if
they are recoverable under another law. If you are entitled to these costs, they cannot exceed the
market value of the property being moved and can only be reimbursed for moving distances
within 50 miles.
Reclamation Options
If private property was condemned by a governmental entity, and the purpose for which
the property was acquired is canceled before the 10 anniversary of the date of the acquisition,
you may have the right to seek to repurchase the property for the fair market value of the
property at the time the public use was canceled. This provision does not apply to property
acquired by a county, a municipality, or the Texas Department of Transportation.
Disclaimer
The information in this statement is intended to be a summary of the applicable portions
of Texas state law as required by HB 1495, enacted by the 80 Texas Legislature, Regular
Session. This statement is not legal advice and is not a substitute for legal counsel.
Additional Resources
Further information regarding the procedures, timelines and requirements outlined in this
document can be found in Chapter 21 of the Texas Property Code.
January 3 1, 2008 p age 5