SS9301-CS 930304LAWRENCE W. JACKSON
TIM KIRK
ROBERT L. DILLARD III
ROBERT D. HEMPHILL
ROBERT L. DILLARD, JR.
H. LOUIS NICHOLS
OF COUNSEL
Mr. Ken Griffin
City Engineer
City of Coppell
P.O. Box 478
Coppell, Texas 75019
NICHOLS, JACKSON, KIRK & DILLARD
(Formerly Sallinger, Nichols, Jackson, Kirk & Dillard)
Attorneys & Counselors at Law
1800 Lincoln Plaza
ROBERT E. HAGER
500 N. Akard
PETER G. SMITH
Dallas, Texas 75201
JOHN PIERCE GRIFFIN
DAVID M. BERMAN
(214) 954 -3333
JOHN F. ROEHM III
Facsimile (214) 954 -3334
BRUCE A. STOCKARD
CHRISTINA A. MELTON
March 4, 1993
RE: Cause No. CC -92- 03059 -C; CITY OF COPPELL, TEXAS vs. ROY C. BROCK,
ET. AL.
Dear Mr. Griffin:
Please note that the HEARING BEFORE SPECIAL COMMISSIONERS has been
rescheduled for Tuesday, April 6, 1993, CCU 9:30 AM in the First Floor Conference Room,
City Hall, in the City of Coppell. A copy of the First Amended Statement In
Condemnation is enclosed for your review.
Special Commissioner David Hatfield has requested a tour of the property to be
condemned. Would you be so kind as to accommodate him. John Griffin suggest that
you might consider contacting all three of the Special Commissioners for a single
inspection. Their numbers are included. Mr. Griffin suggest that during the inspection
emphasis be placed on the fact the sewer will be built using case and bore and that as
a result, nothing on the surface will be disturbed.
Thank you for allowing me to invite your attention to the above.
Very truly yours,
NICHOLS, JACKSON, KIRK & DILLARD
By:
Ronald L. Siebler
RLS /la Legal Assistant
enc.
NO. CC -92- 03059 -C
CITY OF COPPELL, TEXAS
VS.
ROY C. BROCK,
CARMEN INVESTMENTS, INC
and J. M. STREET
IN THE COUNTY COURT
AT LAW NO. 3
DALLAS COUNTY, TEXAS
FIRST AMENDED ORIGINAL STATEMENT IN CONDEMNATION
The City of Coppell, Texas, Plaintiff, files this First Amended Original Statement
in Condemnation and shows:
1.
Plaintiff, City of Coppell, Texas, is a home rule municipal corporation organized and
existing under the Constitution and laws of the State of Texas, having its principal place
of business in Dallas County, Texas, and is empowered by the Legislature of the State
of Texas to exercise the right of eminent domain for the purpose of acquiring real
property interests for the construction, maintenance, and operation of a public sanitary
sewer utility system, all according to the provisions of the Constitution and laws of the
State of Texas.
2.
Plaintiff, acting through its City Council, has found it necessary to acquire a
permanent sanitary sewer utility easement across lots 8 and 9, described below,
containing a total of 1,266 square feet (0.029 acre) of land, more or less, and 1,172
square feet (0.027 acre) of land, more or less, respectively, located within the City of
Coppell, Dallas County, Texas. No construction easements, temporary or otherwise, are
required as said sewer will be built using a case and bore method. Consequently the
surface will not be disturbed.
FIRST AMENDED ORIGINAL STATEMENT, Page 1
The permanent sanitary sewer utility easement across Lots 8 and 9, Block F,
Northlake Woodlands East No. 12, are more fully described as follows:
SANITARY SEWER EASEMENT
LOT 8 BLOCK F
NORTHLAKE WOODLANDS EAST NO. 12
A tract or parcel of land situated in the James Parish Survey, Abstract No. 1139, Dallas
County, Texas, and being part of Lot 8 Block F of the Northlake Woodlands, East No. 12,
an addition to City of Coppell as recorded in Volume 90107 Page 1216 in the Dallas
County Map Records, and being more particularly described as follows:
COMMENCING at the southeast corner of Lot 8 also being in the north line
of the St. Louis and Southwestern Railroad 100 foot right -of -way;
THENCE North 18 56' 09" East 24.83 feet along the east line of Lot 8 to
the POINT OF BEGINNING;
THENCE North 70° 59' 37" West 122.06 feet along a line 5 feet south of
and parallel to the centerline of a proposed sanitary sewer line;
THENCE North 22 59' 30" West 13.46 feet along the east line of the 20
foot sanitary sewer easement described and recorded in Volume 68079
Page 171 in the Dallas County Deed Records;
THENCE South 70 59' 37" East 131.05 feet along a line 5 feet north of
and parallel to the centerline of a proposed sanitary sewer line to the east
line of Lot 8;
THENCE South 18 56' 09" West 10.00 feet along the east line of Lot 8 to
the POINT OF BEGINNING and Containing 1,266 square feet or 0.029 acre
of land more or less.
SANITARY SEWER EASEMENT
LOT 9 BLOCK F
NORTHLAKE WOODLANDS EAST NO. 12
A tract or parcel of land situated in the James Parish Survey, Abstract No. 1139, Dallas
County, Texas, and being part of Lot 9 Block F of the Northlake Woodlands, East No. 12,
an addition to City of Coppell as recorded in Volume 90107 Page 1216 in the Dallas
County Map Records, and being more particularly described as follows:
COMMENCING at the southeast corner of Lot 9, also being the west line
of Mockingbird Lane (60 foot right -of -way) and in the north line of a St.
Louis and Southwestern Railroad 100 foot right -of -way;
FIRST AMENDED ORIGINAL STATEMENT, Page 2
THENCE North 18 56' 09" East 24.67 feet along the south line of Lot 9 to
the POINT OF BEGINNING;
THENCE North 70
59' 37" West 117.17 feet to the west line of Lot 9;
THENCE North 18
56' 09" East 10.00 feet along the west line of Lot 9;
THENCE South 70
59' 37" East 117.17 feet to the east line of Lot 9;
THENCE South 18
56'09" West 10.00 feet to the POINT OF BEGINNING
and Containing 1,172 square feet or 0.027 acre of land more or less.
13
The interest in the land referred to above will be used for purposes for which
Plaintiff possesses the power of eminent domain, namely, for the construction,
maintenance, and operation of a sanitary sewer utility over and in said property. The
easement sought herein shall not include oil, gas and sulphur rights and shall not include
any right of exploration for said minerals.
5.
The owner of the land referred to above, as far as is known to Plaintiff, is Roy C.
Brock, Carmen Investments, Inc. and J.M. Street who may be served at 200 East Beltline
Road, Bldg. E, City of Coppell, Dallas County, Texas; and if Plaintiff is in error as to the
ownership of said property, or as to the extent of title or interest of the hereinbefore
named owner in and to the property hereinbefore described, Plaintiff reserves the right
to add the name or names of such additional owner or owners, or claimant or claimants,
whose interest may subsequently appear; and to condemn the interest of each of such
other parties as may subsequently appear, in order to acquire the title in this proceeding,
as provided by law.
N
Lienholders and /or parties of interest to the land referred to above, as far as is
known to Plaintiff, include Troth Enterprises, Inc. who may be served with notice of
hearing at 102 Meadows Creek at Denton Tap Road, Suite 101, City of Coppell, Texas.
If Plaintiff is in error as to the lienholders and /or parties of interest to said property, or as
to the extent of title or interest of the hereinbefore named lienholders and /or parties of
interest in and to the property hereinbefore described, Plaintiff reserves the right to add
the name or names of such additional lienholders and /or parties of interest or claimant
FIRST AMENDED ORIGINAL STATEMENT, Page 3
or claimants, whose interest may subsequently appear; and to condemn the interest of
each of such other parties as may subsequently appear, in order to acquire the title in this
proceeding, as provided by law.
7.
Plaintiff and the owner have been unable to agree upon the value of the land
or the damages.
WHEREFORE, Plaintiff requests that the three disinterested freeholders of Dallas
County, Texas, appointed as Special Commissioners, assess damages and that Plaintiff
be granted such other and further relief to which it may be justly entitled.
Respectfully submitted,
NICHOLS, JACKSON, KIRK & DILLARD
By: )
L wrence W. Ja n
, -State Bar Card 10485000
B y :
/iJohn Pierce Griffin
>j State Bar Card 08460 00
1800 Lincoln Plaza
500 North Akard Street
Dallas, Texas 75206
(214) 954 -3333
(214) 954 -3334 = FAX
ATTORNEYS FOR PLAINTIFF
CITY OF COPPELL, TEXAS
FIRST AMENDED ORIGINAL STATEMENT, Page 4
CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of the foregoing First Amended
Statement in Condemnation has been served by certified mail, return receipt requested,
upon Condemnees and Lienholders as follows:
Roy C. Brock
Carmen Investments, Inc.
200 East Beltline Road, Bldg. E
Coppell, Texas 75019
William T. Troth
Troth Enterprises, Inc.
102 Meadows Creek at Denton Tap Road, Suite 101
Coppell, Texas 75019
J. M. Street
200 East Beltline Road, Bldg. E
Coppell, Texas 75019
on March 4, 1993.
John P. Griffin
FIRST AMENDED ORIGINAL STATEMENT, Page 5
RE: Cause No. CC -92- 03059 -C; CITY OF COPPELL, TEXAS vs. ROY C. BROCK, ET. AL.
Special Commissioners:
Ms. Cynthia M. Castilla ....... ............................... 462 -7540
603 Hood
Coppell, Texas 75019
Mr. David Hatfield ........... ............................... 462 -1962
608 Ashford Drive
Coppell, Texas 75019
Joe. N. Wright ............. ............................... 871 -8999
1845 Woodall Roger Freeway, #1660
Dallas, Texas 75201