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ST8805-CS 881007 (2)ALFRED SALLINGER H. LOUIS NICHOLS LAWRENCE W. JACKSON TIM KIRK ROBERT L. DILLARD iii ROBERT D. HEMPHiLL ROBERT E. HAGER PETER G. SMITH SALLINGER, NICHOLS, JACKSON, KIRK & DILLARD (Formerly Saner, Jack, Sallinger & Nichols) Attorneys & Counselors at Law 1800 Lincoln Plaza 500 N. Akard Dallas, Texas 75201 (214) 954-3333 Facsimile (214) 954-3334 October 7, 1988 JOHN PIERCE GRIFFIN DAVID M. BERMAN JOHN F. ROEHM IH BRUCE A. STOCKARD PAM GANDAL EUDARIC M. LEWIS KINARD RON DIGIACOMO ROBERT L. DiLLARD~ JR. OF COUNSEL Ms. Taryon Bowman Planning and Zoning Coordinator City of Coppell P. O. Box 478 Coppell, Texas 75019 Re: //988 ABQ Dedication of Right-of-Way on Denton Tap Road and Variances Our File No. 300 pAR~,~d~{ BLV~). (~0£~r), ?~d.i~. ~ Dear Taryon: This is in reference to your previous request concerning the above mentioned matter. It is my understanding that the city is in need of some additional right-of-way width adjacent to ABQ property on the west side of Denton Tap Road and have agreed to dedicate this right-of-way to the city if Coppell agrees to the following conditions: Building and landscape setbacks adjacent to Denton Tap Road will be measured from the easterly limits of the area dedicated as right-of-way. e The area dedicated as right-of-way for Denton Tap Road can be used as part of adjacent land currently owned by ABQ for computing project densities of future developments. Wayne Ginn's letter of July 29 recommends approval of this settlement which in my opinion should be addressed by the Planning and Zoning Commission and City Council as a part of this platting process. The two requested special conditions should be noted on the plat which is finally approved with a follow-up letter from the city approving the two special conditions. It is my understanding that Mr. Jim Schell, attorney for ABE}, will be submitting to you a letter offering the dedication in exchange for approval of the two conditions. If approved by the City Council, the city should respond with a letter accepting their offer. Since two conditions form a part of the acceptance of ABQ's offer of dedication and are not sought as variances based upon hardship on the part of ABQ, approval should be ultimately addressed by the City Council as opposed to being considered by the Board of Adjustment as variances. If you have any further questions, please do not hesitate to contact me. Very truly yours, LWJ/sb SALLINGER, NICHOLS, JACKSON, KIRK & DILLARD