ST8804-ES 910924ITEM CAPTION:
Consideration of approving three (3) drainage easements and two (2)
sanitary sewer easement dedication documents, regarding Heartz Road
Improvements, by the ABQ Federal Savings Bank and authorizing the Mayor
to sign.
STAFF~f M." Shohre Daneshmand
~.______Acting City Engineer.~___~. ' ~ ~"J
SUBMITTED
BY:
(Director's Signature)
OTHER REP '
EVALUATION OF ITEM: DATE: 9/16/91 Attorney
Staff had reviewed the above referenced easement documents back in
December 1990. According to our legal council, generally the documents
are one sided and in favor of the developer.
Although the developer was asked to revise the easement documents and
address City staff's concerns, according to Bruce Stockard, no change
has been made. ABQ is requesting that the City accept the easements as
originally submitted. (see attached sample document)
Staff will be available to answer your questions.
BUDGET AMT. N / A AMT. ESTIMATED lq / A
AMT +/- BUDGET N/A FINANCIAL REVIEW BY N/A
COMMENTS:
LEGAL REVIEW BY: REVIEWED BY CM:
AGENDA EEQUEST FORM EEVISED 1/91
·
KIRK & DILLARD
ALFRED SALLINGER (Formerly Saner, Jack, Sallinger & Nichols) L . HE'k'-~iLL
LAWRENCE W. JACKSON Attorneys & Counselors at Law ROBERT e. hagE~
TIM KiRK 1800 ~iIICO]h P[~z~ PETER g. SMITH
ROBEBJ L. DILLARD Itl JOHN PIERCE GRIFFIN
500 N. Akard ~v~
ROBERT L. DILLARd, Jr. ~1]~, ~X~S ?~201 JOHN
H. LOUIS NICHOLS (214) 9~4-~33~ BRUCE a. STOCKARD
of cou~s~ Paesimile (~14) 954-3334
December 6, 1990
Shohre Daneshmand
Acting City Engineer
City of Coppell
P. O. Box 478
Coppell, Texas 75019
Re: Heartz Road Easements
Dear Shohre:
You have asked me to review the eight remaining easement
dedications from the owners of the land around Heartz Road and
Sandy Lake. In particular, you have asked me to review the
proposed dedication documents to determine whether the documents
are acceptable from the City of Coppell's point of view.
After reviewing the proposed dedication documents, it is my ~
opinion that the documents are identical to the one which we _ /
reviewed in depth. As you know, the easement documents are one.~
s_i~e~d in the favor of~'~-~---d~e-V-~6per. In p~-~-i~ular, the easement
purports to be a nonexclusive--~asement which would allow the
developer to grant~'~ny '~ five different easements with no
regard or responsibility for making or keeping access to the
easement clear. This non-exclusivity is not bad on its face, but
sometimes can cause problems. In a normal form, nothing is
generally mentioned about e×clusivity of the easement, i~
Paragraph three puts the burden on the ci~v_~.t~o bear the
consequences if Dallas Co_un. Records reveal enc~Am~rances oD ~
~ A regula~ ~tat-~~ form would put the burd~on the developer,
requiring him to represent that the Dallas County records are free
and clear of all encumbrances. Paragraphs five and six, when taken
together, appear to allow the developer to use the property he has
dedicated to us in any manner he sees fit but which puts the
liability on the City for any damages which occur because of this
use. Additionally, using this property in any way he sees fit ~
could conceivably deny or impede access by the City to the drainage '/ ~
facilities. These c~u~se.~s a~e~¥gr3 _o~ne~-~sided. ~P_ar~a.~r~h_. se~ven · ~~
shi f~ts ~a 11 ~l_~a~l~it~f ~ f~o~r da~ges ont0 th~_e ~~ex.~e~ _~aD~ _~dama_D_q_e · ~~
~ed s~I~ely by negligence of the grant6~r. This is an entirely ~ /
Shohre Daneshmand
December 6, 1990
Page 2
unacceptable paragraph. These are just some of the objectionable
aspects of the proposed easement document dedicated by the
developer. It is my opinion that the City should require the
developer to dedicate these easements on a standard form which
would take out many Of the objectionable aspects. In the
alternative, the existing documents can be negotiated.
If you have any further questions, please do not hesitate to
call me.
Very truly yours,
SALLINGER, NICHOLS, JACKSON, KIRK & DILLARD
Bruce A. Stockard
BAS/1 b
DEDICATION OF STORM DRAINAGE EASEMENT
THE STATE OF TEXAS
S KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DALLAS
That ABQ Federal Savings Bank, acting by and through its
conservator, The Resolution Trust Corporation, ("Grantor") does
hereby dedicate to the City of Coppell, Dallas County, Texas
("Grantee"), for the use and benefit of the public and subject to
the conditions and limitations contained herein, but without
warranty of title, either express or implied, a nonexclusive
easement for the purpose of locating, constructing, placing,
repairing, maintaining, replacing, or removing a storm drainage
system consisting of underground storm drainage pipe, headwalls,
riprap, concrete aprons and other necessary drainage improvements
(hereinafter called "Storm Drain") and for making connections to
such Storm Drain, in, upon and across that certain strip of land
more particularly described by metes and bounds on Exhibit "A" and
shown on the sketch on Exhibit "B" attached hereto and made a part
hereof for all purposes (hereinafter sometimes called the "Easement
Strip"). Nothing contained herein shall grant, or be construed to
grant, Grantee the right to use the Easement Strip for any purpose
other than for the purposes set forth herein.
TO HAVE AND TO HOLD the above described easement, together
with all and singular the rights and appurtenances thereto in
anywise belonging unto Grantee, its successors and assigns forever.
This easement is granted, and accepted, subject to all
encumbrances, liens, covenants, conditions and other matters (i)
of record in Dallas County, Texas, and/or (ii) visible and on the
ground or that a correct survey would reveal, to the full extent
same exist and affect the easement herein granted.
Grantee agrees at all times to maintain in good condition and
repair such Storm Drain at no expense to Grantor. Further, Grantee
agrees to pay Grantor promptly for all damages, if any, necessarily
caused to Grantor's other lands from time to time by reason of the
construction, operation, maintenance, repair, alteration, and or
servicing of the Storm Drain.
Should it become necessary at any time for Grantee or its
agents to enter upon the Easement Strip for the purposes of
maintaining, repairing, altering, relocating, and/or removing the
Storm Drain as permitted hereunder, Grantee shall, after each entry
upon said land, leave said land at the same level and condition
that it was in prior to such entry to the full extent reasonably
practicable; and in the event that any such entry should cause or
produce damage to fences, gates, streets, roadways, driveways,
paving, landscaping or other improvements that may be situated on
said land, or cause or produce damages to the surface of said land
or any other lands of Grantor, Grantee shall promptly pay to
Grantor any and all damages that may be caused by reason of any
such subsequent entry.
Grantor expressly reserves unto itself and its successors and
assigns, the right to use and enjoy the land covered by the
Easement Strip for any purposes whatsoever, except insofar as said'
use and enjoyment unreasonably interfere with the rights hereby
granted to Grantee. Grantor specifically reserves, without
limitation, the right (i) to grant or dedicate additional easements
or rights-of-way upon or across the Easement Strip to such other
persons or entities and for such purposes as Grantor may desire
(ii) to extend roads, public or private streets, driveways, walks,
passageways, landscaping, planting and other like uses across and
along the Easement Strip, (iii) to construct or locate upon or
across the Easement Strip fences, signs, pavement and other such
items or materials, (iv) to provide public or private drainage
DEDICATION OF STORM DRAINAGE EASEMENT - Page 1
facilities upon and across the Easement Strip, provided that, i
all such cases, Grantee shall not be unreasonably disturbed nor
shall there be any unreasonable interference in Grantee's use and
enjoyment of the rights hereby granted to Grantee. Grantor
additionally reserves the right to relocate at Grantor's sole cost
and expense, the Easement Strip, Storm Drain and any other existing
easement improvements to a different area which shall thereafter
become the Easement Strip and Storm Drain hereunder, so long as
such relocated easement, storm drain, and other improvements
provide the same or greater storm water drainage from the drainage
areas as is provided by the Easement Strip, Storm Drain and any
other then existing easement improvements. Such relocation shall
be conducted in such a manner such that there will be no
interruption in storm drainage protection or service. Upon
completion of the aforesaid relocation and substitution of a
different easement area, storm drain and drainage improvements,
the existing Easement Strip and Storm Drain shall be deemed
released, abandoned and vacated by Grantee.
All persons entering upon the Easement Strip under this grant
shall confine themselves to the operations and purposes
contemplated herein, and no trespassing or other uses shall be
permitted by Grantee, its employees, agents or contractors.
Grantee, by the acceptance and recording of this easement, hereby
agrees to indemnify, defend and hold Grantor, its successors and
assigns, harmless from and against any and all liability, claims,
damages, costs and expenses (including reasonable attorney's fees)
arising from any and all construction, reconstruction, maintenance,
operation, removal and other work performed by Grantee, its agents
and employees or its contractors or subcontractors pursuant to its
rights hereunder, unless caused solely by the negligence of
Grantor.
It is understood and agreed that this agreement is an easement
only and in no way grants or conveys any part of the underlying fee
simple estate of any lands owned by Grantor. This easement shall
terminate, without suit or reentry, when the use of said Storm
Drain therein installed ceases or when Grantee abandons said Storm
Drain.
This agreement and all of the terms, provisions and
obligations hereof shall be covenants running with the land
affected thereby and shall inure to the benefit of and be binding
upon Grantor and Grantee and their respective successors and
assigns. Grantee's rights hereunder may also be exercised, at
Grantee's option, by Grantee's contractors, subcontractors, agents
and employees.
DEDICATION OF STORM DRAINAGE EASEMENT - Page 2
IN WITNESS WHEREOF, this instrument is executed this the
day of ~~__, 1990.
ABQ FEDERAL SAVINGS BANK
By: The Resolution Trust
Corporation, as Conservator for
ABQ Federal Savings Bank
Sta~le~rickman
Senior Vice President of
ABQ Federal Savings Bank
and Under Delegation of
Authority from Charles C.
Mann, Managing Agent of
ABQ Federal Savings Bank,
acting under authority of
that certain Delegation of
Authority, dated August 20,
1990, from James D.
Densmore, Deputy Regional
Director, Western Region,
The Resolution Trust
Corporation
COUNTY OF~'~~~
This instrument was acknowledged before me on October /~ ,
1990, by Stanley Strickman, Senior Vice President of ABQ Federal
Savings Bank and as the delegate of authority from Charles C. Mann,
Managing Agent of ABQ Federal Savings Bank, acting under authority
of that certain Delegation of Authority, dated August 20, 1990,
from James D. Densmore, Deputy Regional Director, Western Region,
The Resolution Trust Corporation.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the /~ ~/---~ day
of October, 1990. ~~_~.fi.~~~.
Notary Public in and for
the State of Texas
My Commission Expires:
Printed Name of Notary
DEDICATION OF STORM DRAINAGE EASEMENT - Page 3
CERTIFICATE OF A~CEPTANCE ~~
This is to certify that the interest in real property conveyed
by this Dedication of Storm Drainage Easement dated
, 1990, from ABQ Federal Savings Bank to the City of
Coppell, County of Dallas, State of Texas, has been duly accepted,
subject to all terms and conditions contained herein, by resolution
of the City Council adopted , 199 , and the
City Council has consented to recordation of such Dedication of
Sanitary Sewer Easement by its duly authorized officer.
DATED , 199__.
Mayor, City of Coppell
Dallas County, Texas
ATTEST:
City Secretary, City of Coppell
Dallas, County, Texas
STATE OF TEXAS S
COUNTY OF S
This instrument was acknowledged before me on this day
of , 1990, by , Mayor
of the City of Coppell, Dallas County, Texas.
Notary
Public in and for the
State of
My commission expires: Printed name of Notary:
After Filing Please Return To:
ABQ Federal Savings Bank
c/o Mary Hicks
P.O. Box 256245
Albuquerque, New Mexico 97125
96665/4
DEDICATION OF STORM DRAINAGE EASEMENT - Page 4
EXHIBIT A
30' X 110' DRAINAGE EASEMENT
BEING a tract of land situated in the Sibered Henderson
Survey, Abstract No. 629 in the City of Coppell, Dallas County,
Texas and being a portion of that certain tract of land as
described in deed from Good Financial Corporation to M. Douglas
Adkins, Trustee, as recorded in Volume 76188, Page 2355 in the
Deed records of Dallas county, Texas (D.R.D.C.T.) and being
more particularly described as follows:
COMMENCING at the northwest corner of a tract of land deeded
to Ruth Perkins as recorded in Volume 69241, Page 459 of the
D.R.D.C.T., said point also being on the centerline of Heartz
Road (a 60 foot right-of-way) as recorded in Volume 90181, Page
3061 in the Plat Records of Dallas County, Texas; Thence N.
01°23'26'' W., 545.00' along said centerline of Heartz Road;
Thence N. 88°36'34'' E., 30.00' to a point on the east line of
Heartz Road, said point also being the POINT OF BEGINNING;
THENCE N. 88~36'34'' E., 30.00 leaving said east line of
Heartz Road to a point for corner;
THENCE N. 01"23'26'' W., 110.00' to a point for corner;
THENCE S. 88"36"34'' W. 30.00' to a point for corner, said
point also being on said east line of Heartz Road;
THENCE S. 01~23'26'' E., 110.00' along said east line of
Heartz Road to the POINT OF BEGINNING and containing 3300 square
feet of land.
DAN M. DOWDEY & ASSOCIATES
16250 DALLAS PKWY. DALLAS,TEXAS
SUITE I00 (214) 951-0694 75248
C) COPPELL HISTORIC DISTRICT
There was no report at this time.
D) DCAD
There was no report at this time.
E) ECONOMIC AND BUSINESS DEVELOPMENT BOARD
There was no report at this time.
F) FINANCE
There was no report at this time.
G) LIBRARY
There was no report at this time.
H) METROCREST RED RIBBON CAMPAIGN COMMITTEE (DRUG AWARENESS)
The Red Ribbon Campaign for drug prevention kick off is October
23. Everyone is asked to wear red that day and give their support.
I) MUD ABSORPTION
There was no report at this time.
J) NCTCOG
There was no report at this time.
K) PARK
Signage will be addressed at the next Park Board meeting on October
7, 1991.
L) RECYCLING COMMITTEE
There was no report at this time.
M) SCHOOL
There was no report at this time.
CONSENT AGENDA
Item 28 A. Consideration of approving three (3) drainage
easements and two (2) sanitary sewer easement
dedication documents, regarding Heartz Road
Improvements, by the ABQ Federal Savings Bank and
authorizing the Mayor to sign.
B. Consideration of approving an Escrow Agreement with
Pulte Homes of Texas for street assessment in the
amount of $72,900 for Coppell Road, and authorizing..
the Mayor to sign.
C. Consideration of approving a resolution supporting
the Traffic Light Synchronization program and
authorizing the Mayor to sign.
D. Consideration to award bid for an annual contract
for cold lay asphalt material to Vulcan Materials~
Company.
CCM092491
Page 9 of 11
E. Consideration for awarding a bid for the repair of
Subgrade Failures to Westhill Terrace, Inc., for a
total not to exceed $92,785.00.
F. Consideration to award bid for an annual contract
for crushed or broken aggregate material to Marock,
Inc.
G. Consideration for awarding a bid for an annual
contract for the purchase of sign material to
Sargent Sowell, Roadrunner Traffic Supply, Price
Barricade and Signal Company, Inc., Highway Signs
and Paint.
H. Consideration to award bid for an annual contract
for hot mix asphalt material to Reynolds Asphalt.
I. Consideration of an ordinance abandoning a sanitary
sewer easement no longer necessary for City
services, generally located at the northwest corner
of Sandy Lake Road and Heartz Road, and authorizing
the Mayor to sign.
Councilman Weaver requested Item A be pulled from the Consent
Agenda. Mayor Pro Tem Smothermon moved to approve Items 28 B
through 28 I with 28 C carrying Resolution $092491.3, and 28 I
carrying Ordinance $ 91530. Councilman Morton seconded the motion.
The motion carried with Mayor Pro Tem Smothermon and Councilmen
Weaver, Morton, Cowman, Thomas and Nelson voting in favor of the
motion. Mayor Pro Tem Smothermon moved to decline Item 28 A.
Councilman Morton seconded the motion; motion carried 6-0 with
Mayor Pro Tem Smothermon and Councilmen Weaver, Morton, Cowman,
Thomas and Nelson voting in favor of denying the motion.
EXECUTIV$ S~SSION (Closed to the Public)
Item 5-ES A. Article 6252-17, Section 2 (f), discussion
concerning the negotiating position of the City
with respect to agreements involving interests in
land and the value of real property.
1. Contract for Real Estate
2. Easements - Grapevine Springs Sewer Line, Fire
Station Site
B. Article 6252-17, Section 2 (g), discussion
concerning personnel.
1. Personne I.
C. Article 6252-17, Section 2 (e, Senate Concurrent
Resolution Number 83, discussion with City Attorney
concerning matter involving privileged
communications between attorney and client.
The City Council convened into Executive Session at 11:43 p.m. on
Tuesday, September 24, 1991 as allows under the above stated
article. Mayor Wolfe adjourned the Executive Session at 12:28 p.m.
There being no further business to come before the Council, the
meeting was adjourned.
Mark Wolfe, Mayor