ST9905-ES110701 T H E C 1 T Y O F
COPPELL
A 8 1 s
Ms. Carolyn Skinner July 1, 2011
604 Loch Lane
Coppell, Texas 75019 -3907
RE: Bethel Road I, Project #ST 99 -05
Drainage Easement Deed Restrictions
Dear Ms. Skinner:
During the summer of 2008 we met with you, your husband, and Robert Lybrand to negotiate the
purchase of a drainage easement across your property. Upon acquisition of the easement we then
constructed the gabion lined channel that crosses your property today. You may recall that this
work was done under a permit from the US Army Corps of Engineers (USACE).
As a condition of this Corps permit we were required to restrict the type of activity that could take
place within this drainage channel. We were of the opinion that the restrictions spelled out in the
drainage easement we acquired were sufficient to meet the Corps requirements. I received notice
today that our easement restriction language is not sufficient, and that we are in fact in non-
compliance with our Corps permit based on the lack of appropriate deed restrictions.
I am attaching with this letter a document that has been prepared for your signature. This document
will further restrict the use of the land contained within the existing drainage channel. The main
difference between this restriction and the easement language is that this indicates that it is a
mitigation area, and that the USACE has the regulatory authority over these restrictions, not the
city.
At the time we acquired the original easement we offered compensation for the full value of the
land the easement encompassed, and an additional amount as compensation for damage to the
remainder of your lot. Since this additional restriction falls within the area already encumbered, we
feel it should not cause any additional loss of value.
Please review this document and let me know if you have any questions or concerns.
Sincerely,
Keith Marvin, P.E.
Project Engineer
Direct: 972 - 304 -3681
Fax: 972 - 304 -3570
E -mail: kmarvin @ci.coppell.tx.us
Enclosures
A FAMILY COMMUNITY FOR A LIFETIME
255 PARKWAY * P.O. BOX 9478 * COPPELL TX 75019 * TEL 972/462 0022 * WWW.COPPELLTX.GOV
NOTICE OF RESTRICTION
STATE OF TEXAS §
COUNTY OF DALLAS §
KNOW ALL MEN BY THESE PRESENTS THAT:
Jim A. and Carolyn S. Skinner are the owners of that real property more particularly described
and shown in Exhibit "A" (hereinafter the "Property ") attached hereto and made a part hereof. The
Property is subject to special conditions of U. S. Army Corps of Engineers (USACE) Nationwide
Permit 39 for Project Number 200400181, dated May 4, 2005, or a revision thereof. One of the
special conditions of the referenced permit requires restrictions be placed on the deed for the
Property for the purpose of providing compensation for adverse impacts to waters of the United
States. Any purchaser of all or any part of the Property or any person having an interest in or
proposing to acquire an interest in all or part of the property, or any person proposing to develop or
improve all or any part of the Property, is hereby notified that development restrictions affecting
the Property are as follows:
1) The Property, or a portion of the Property, is hereby dedicated in perpetuity as Tributary
G -1 Mitigation Area associated with the construction of Modification of Tributary G -1 in
conjunction with the Bethel Road West Project. The Property shall not be disturbed except
by those USACE- approved activities that would not adversely affect the intended extent,
condition, and function of the mitigation area. Any other change, modification, or
disturbance of the dedicated property shall require prior written approval by the District
Engineer, USACE, Fort Worth District, or his/her duly authorized representative.
2) This restriction shall not be removed or revised without obtaining a modification of the
aforementioned USACE authorization and /or prior written approval of the USACE. Permit
modifications may be granted only by the USACE.
This notice of restriction does not grant any property rights or exclusive privileges.
EXECUTED this day of , 2011.
GRANTOR:
Jim A. Skinner
Carolyn S. Skinner
This instrument was acknowledged before me on the day of , 2011,
by , of the City of COPPELL,
Texas a Texas municipality, on behalf of said municipality.
NOTARY PUBLIC, State of Texas
My Commission Expires:
Page 1 of 3
EXHIBIT "A"
DRAINAGE EASEMENT
JIM A. SKINNER AND SPOUSE, CAROLYN S. SKINNER
Being 0.527 acre tract of land, more or less, situated in County of Dallas, State of Texas,
and being out of the John Vest Survey, Abstract No. 1508, and being a portion of that
certain called 1.750 acre tract of land conveyed by MICHAEL S. CHASE AND
SPOUSE, GRACIELA P. CHASE to JIM A. SKINNER AND SPOUSE, CAROLYN S.
SKINNER, by deed recorded in Volume 2003173, Page 16316, of the Deed Records of
Dallas County, Texas (D.R.T.C.T.), which 0.527 acre tract of land, more or less, is more
particularly described as follows:
BEGINNING at a 4 inch iron rod found for the most easterly Northeast comer of said
1.750 acre tract and the Northwest corner of a tract of land conveyed to CHADICK
CAPITAL, L.P. by deed recorded in Volume 99114, Page 08140, D.R.T.C.T., said %2
inch iron being in a South line of a tract of land conveyed to R.L. Robertson, L.L.C. by
deed recorded in Volume 98170, Page 05864;
THENCE, South 00° 02' 33" East, along the common East line of said 1.750 acre tract
and the West line of said CHADICK CAPITAL, L.P. tract, a distance of 171.39 feet to a
5/8 inch iron rod with plastic cap stamped "Transystems Corporation" set for the most
northerly Southeast corner of herein described Drainage Easement, from which a %2 inch
iron rod found on said common line bears South 00° 02' 33" East, a distance of 83.60
feet;
THENCE, North 72° 10' 22" West, departing said common line and across said 1.750 acre
tract, a distance of 29.75 feet to a 5/8 inch iron rod with plastic cap stamped "Transystems
Corporation" set for comer on the South line of herein described Drainage Easement on the
beginning of a curve to the left having a radius of 105.00 feet and a long chord bearing and
distance of South 59° 31' 34" West, 156.80 feet;
THENCE, in a Southwesterly direction, continuing across said 1.750 acre tract and along
said curve to the left, through a central angle of 96° 36' 26 ", an arc distance of 177.04
feet to a 5/8 inch iron rod with plastic cap stamped "Transystems Corporation" set for
corner on the Southeast line of herein described Drainage Easement and end of curve;
THENCE, South 11° 13' 05" West, continuing across said 1.750 acre tract, a distance of
65.88 feet to a 5/8 inch iron rod with plastic cap stamped "Transystems Corporation" set
for the most southerly Southeast comer of herein described Drainage Easement in the
common South line of said 1.750 acre tract and the North line of a tract of land conveyed
to CHADICK CAPITAL, L.P. by deed recorded in Volume 99114, Page 08104,
D.R.T.C.T., from which a %2 inch pipe found for the Northeast corner of said CHADICK
CAPITAL, L.P. tract bears S 89° 53' 03" E, a distance of 82.80 feet;
Page 2 of 3
THENCE, North 89° 53' 03" West, along the common said South line of said 1.750 acre
tract and the North line of said CHADICK CAPITAL, L.P. tract, a distance of 61.14 feet
to 5/8 inch iron rod with plastic cap stamped "Transystems Corporation" set for the
Southwest comer of herein described Drainage Easement and the reconstructed Southern
most Southwest comer of said 1.750 acre tract and being in the East line of a tract of land
known as Tract II conveyed to Srena Melton Petitt by deed recorded in Volume 98069,
Page 01628, D.R.T.C.T.,
THENCE, North 11° 13' 05" East, along a common Westerly line of said 1.750 acre tract
and East line of said Petitt tract, a distance of 77.64 feet to a 5/8 inch iron rod with plastic
cap stamped "Transystems Corporation" set for corner on the West line of herein
described Drainage Easement and the beginning of a curve to the right having a radius of
165.00 feet and a long chord bearing and distance of North 57° 29' 21" West, 238.47 feet;
THENCE, in a Northeasterly direction, departing said common line, across said 1.750
acre tract and along said curve to the right, through a central angle of 92° 32' 45 ", an arc
distance of 266.51 feet to a 5/8 inch iron rod with plastic cap stamped "Transystems
Corporation" set on end of curve of herein described Drainage Easement;
THENCE, North 16° 42' 23" West, continuing across said 1.750 acre tract, a distance of
106.73 feet to 5/8 inch iron rod with plastic cap stamped "Transystems Corporation" set
for the Northwest corner of herein described Drainage Easement on the common North
line of said 1.750 acre tract and the South line of said R.L. Robertson, L.L.C. tract, from
which a %2 inch iron rod found for a common corner of said 1.750 acre tract and said R.L.
Robertson, L.L.C. tract bears N 89° 44' 03" W, a distance of 40.50 feet;
THENCE, South 89° 44' 03" East, along said common North line of said 1.750 acre tract
and the South line of said R.L. Robertson, L.L.C. tract, a distance of 51.77 feet to the ■
POINT OF BEGINNING and containing 22,954 square feet or 0.527 acre of land.
NOTE: Plat to accompany legal description.
41 .0F T ► :,
p`..er 4. A \\
4 df?S614 . .)-1:. PEAS
= `Z:".4.. .
v,,,,,,1211.000
0 S -24.05
CURVE J3
DELTA- 92 32 45' (RT) 1 iR , P• 0 • B.
R• 165.00' R.L. ROBERTSON, L.L.C. " •
,
/R
r -172. s0' VOL. 98170, PG. 05864 •
W L• 266.51
D.R.D.C.T. N 8T44'03'W
CHORD- N 57 . 29' 21'E 40.50'
CH. DIST. - 238.47'
CURVE J2 JOHN VEST SURVEY, A - 1508
Scale Feet
DELTA- 96'36' 26' (LT)
0 25 50 75 R- 105.00' JIM A. SKINNER AND
T - 117.86' SPOUSE, CAROLYN S. SKINNER
L - 177.04' VOL. 2003/73, PG. 163/6
CHORD- S 59 34-W D.R.D.C.T. o
co
CH. DIST- 156.80' - 0
J •
~CLC3 •
V�CC •
MELANIE ANNE TURNER 4/ ---
J
VOL. 200/066. PG. 008/2 _ 2s �r'� o
.t T.
4 $''' \tiF'' .1 %
Pt
JOSEPH Ertl r Q DE W
4 . 7!li�Il� - , `* JIM A. SKINNER AND �
�
�• � ±/: ,� t� = SPOUSE. CAROLYN S. SKINNER o
''� � � '=,,,,5.4.,-i.,- , DRAINAGE EASEMENT b co
0.527 ACRE
O G- 2 -cps 22.954 SQUARE FEET
SRENA MELTON PETITT �R
VOL. 98069, PG. 0/628 `" . I
TRACT l 00', s ;,
D.R.D.C.T. oco
�1
CHADICK CAPITAL, 4, PG
VOL. 99 08/1/
D.R.D.C.T. •
- 53' 03' E P
S 89. PIPE
0'k: I _ . �_ 82.80' —
SRENA MELTON PETITT
VOL. 98069, PG. 0/628 CHADICK CAPITAL, L.P. CHADICK CAPITAL, L.P.
TRACT II VOL. 99114. PG. 08104 VOL. 99114, PG. 08/33
D.R.D.C.T. D.R.D.C.T. D.R.D.C.T.
NOTE: Legal description to accompany plot
NOTE. Beorings Based on Cly of coppe/! Geodetic Control Network (Stations I. 3 & 4). NAO 83' Datum, Texas State
Plane Coordinate System, North Central Zone. with all distances and coordinates adjusted to surface using o
scale factor of I.000/2.
NOTE: Tle surveyor Ins net abstracted subject properly. therefore. every easement of record (whether recorded or
unrecorded) may not be shown lereon.
LEGEND
8 • Set %- Iran rod w /plastic cap stamped P.0.8.- Point of Beginning DRA I NA GE EASEMENT
- Transystems Corporation' P.O.C. • Point or Commencing
a • Marker found as noted D,R.D.C.T.• Deed Records, Dallas County, Texos
RCC • Reconstructed corner P.R.D.C.T. • Plot Records. Dallas County. Texas JIM A. SKINNER
Tzotings7Ends 4 4 500 WEST SEVENTH ST. , SUITE 600 AND SPOUSE,
2P0/2,•c 70N� /� FORT WORTH, TX 76102 CAROL YN S. SK I NNER
C O N S U L T A N T S (817) 339-8950
DRAWN BY CHECKED BY SCALE PAGE DATE JOB NUMBER O. 527 ACRE
JAK JHP 1.50' 3 OF 3 MAY. 2005 20000890
T H E • C 1 T Y • O F
COPPELL P.O. Box 478
255 Parkway Blvd
Coppell, TX 75019
{ "? Phone: (972)304 -3679
! ° Fax: (972)304 -3570
E q
A S 8
ENGINEERING DEPARTMENT
FAX COVER SHEET
To: R4bert Nybrcn From: <eli k 'Marvin , RE.
Fax: 91 2.-3 L4 _ o -/ 2. Date: 7/) A
Phone: Pages: 7 (including cover sheet)
Re: n n8,C Deed &str i eiraa►Sc:
❑ Urgent for Review ❑ Please Comment ❑ Please Reply ❑ As Requested
•Comments:
tJ(3 nal 17iQileAt £arolyn' f ih net +ocictr.
IF YOU DO NOT RECEIVE ALL OF THE PAGES PLEASE CALL (972) 304 -3679
"City of Coppell Engineering - Excellence By Design"
Aug 11 2008 10:20AM ROBERT D LYBRAND PC 9723040072 p,1
/aid oeita di .
ROBERT D. LYBRAND 7/1/11
Attorney and Counselor 580 S. Denton Tap Rd., Ste. 280
Coppell, Texas 75019
Telephone: (972) 393 -1500
Telecopler: (972) 304 -0072
TEL:ECOPY TRANSMITTAL
DATE: August 11, 2008 PAGES (INCLUDING COVER):
TO: Mr. Ken Griffin, Director of Engineering/Public Works, City of Coppell
FAX: 972.304.7041
FROM: Robert D. Lybrand
RE: Bethel Road I, ST 99 -05, Drainage Easement
MESSAGE OR INSTRUCTION:
Original Will Follow Via:
Regular Mail Certified Mail
Overnight Delivery Hand Delivery
X Original Will Not Follow
IF YOU DO NOT RECEIVE ALL THE PAGES, PLEASE CALL RENI KIRSCH AT
972.393.1500,
WARNING - PRIVILEGED AND CONFIDENTIAL MATERIAL
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TRANSMISSION VERIFICATION REPORT
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