ST8807-AG 870324 (2) Coppell, Texas 75019
The City With A Beautiful Future 214- 462- 0022
~ CITY OF COPPELL
CITY COUNCIL AGENDA REQUEST
I. AGENDA DATE REQUESTED: Narch 24, 1987
II. RECOMMENDED ITEM CAPTION:
Consider approval of an agreement between developer and the
City concerning construction of infrastructure improvements
related to the Thompson Tract, and consider aDDroval and
acceptance of a license agreement with D/FW Airport concerning
drainage adjacent to said Dropert¥.
III. RECOMMEndATION OF PLANNING & ZONING COMMISSION:
IV. STAFF REPRESENTATIVE(S) TO ATTEND COUNCIL MEETING:
Alan D. Ratliff, City Manager
V. RECOMMMEB~ED TO BE DISCUSSED AT PRE-COUNCIL BRIEFING: Yes No
VI. SUPPORT MATERIAL: SUBMITTED Yes No X (See attached memo)
VII. DATE SUBMITTED TO CITY ATTORNEY'S OFFICE FOR PREPARATION OF ANY LEGAL
DOCL~ENT, ORDINANCE, RESOLUTION, ETC.
VIII. FINANCIAL REVIEW: SOURCE OF FUNDING:
BUDGETED ITEM BOND FUNDS
NON BUDGETED ITEM OPERATING BUDGET
ORIGINAL ESTIMATE OR BUDGET $ OTHER:
CURRENT ESTIMATE: $ ACCT. NO.
AMOL~T L~DER OR OVER BUDGET $
IX. SUBMITTED BY Alan D. Ratliff, City Manager
X. APPROVAL OF CITY MANAGER'S OFFICE: ~l~.. HOLD
ITEM
AGNDARQSTFORM
MNITS
AGREEMENT
FILE COPY
STATE OF TEXAS
COUNTY OF DALLAS
This Agreement is between the City of Coppell, Texas, an
incorporated Home Rule City situated in Dallas County, Texas
(hereinafter "Coppell") and William G. Thompson,~ ,.Trustee
"Thompson"), and is effective as of the2~'~day of
1987.
REC I TALS:
WHEREAS, it is in the interest of the safety and future
mobility of the citizens of Coppell that Royal Lane be extended
as a north/south thoroughfare connecting Bethel Road and IH-635
in accordance with the plan attached hereto and made a part
hereof and marked Exhibit "A" (hereinafter referred to as the
"Plan"); and
WHEREAS, this extension of Royal Lane has been designated on
the thoroughfare plan of Coppell for many years; and
WHEREAS, this extension of Royal Lane from IH-635 to Bethel
Road has been recognized as needed for a number of years and the
early completion of Royal Lane will greatly relieve vehicular
congestion in and around the northwest quadrant of Dallas County;
and
WHEREAS, there exists a high need to complete Royal Lane
across the St. Louis Southwestern Railway tracts in Coppell; and
WHEREAS, Coppell has endorsed and does in fact
enthusiastically support the extension of Royal Lane from IH-635
to Bethel Road and through the intersection of the St. Louis
Southwestern Railway; and
WHEREAS, the United States Postal Service has announced its
intention to construct and operate a fully automated general mail
facility in the north Dallas County area; and
WHEREAS, the United States Postal Service has designated the
site described in Exhibit "B", attached hereto and made a part
hereof, as a potential site for its north Dallas ]eneral mail
facility ("Post Office Site"); and
WHEREAS, this facility will provide a much needed public
service to the northwest region of Dallas County; and
WHEREAS, if chosen, preparation for this site will require
certain drainage improvements and the expeditious completion of
the extension of Royal Lane to connect Bethel Road and IH-635;
and
WHEREAS, Coppell supports and endorses the location of such
a facility on the Post Office Site and within its city limits;
and
WHEREAS, the Royal Lane Extension, including drainage
facilities, would be constructed on property owned by the
Dallas/Fort Worth International Airport provided that, after
construction, 'all maintenance of Royal Lane and drainage
facilities between 1H-635 and Bethel Road shall be the
responsibility of Coppell; and
WHEREAS, Coppell finds it to be to its best interest to
enter into an agreement with the Dallas/Fort Worth International
Airport Board for the construction and maintenance of Royal Lane
and necessary drainage improvements and to support the
construction of Royal Lane and necessary drainage improvements on
the Dallas/Fort Worth International Airport property at no cost
to Coppell.
NOW, THEREFORE, for the consideration of the construction of
Royal Lane and necessary drainage improvements, the benefits
described in the recitals contained in this Agreement and for
other good and valuable consideration, the receipt of which is
hereby acknowledged, Coppell and Thompson agree to the following:
1. Thompson shall construct an extension of Royal Lane
from Bethel Road to Cotton Road in the location shown on the
Plan. Thompson shall construct Royal Lane in accordance.with the
pavement design standards set forth in the Plan.
2. Thompson shall construct drainage improvements in
accordance with the Plan. Thompson shall construct the drainage
channel on the west side of Royal Lane and a box culvert under
Royal Lane at the south side of its intersection with Bethel Road
in accordance with the Plan and dedicate the 30 foot right-of-way
along the south side of Bethel Road as shown on the Plan.
Thompson shall install the drainage channel from the box culvert
shown on the Plan east along the south side of Bethel Road the
length of the Post Office Site.
3. Coppell shall use reasonable efforts to negotiate a
settlement with the St. Louis Southwestern Railway Company for
the construction of the at-grade crossing of Royal Lane and the
installation of related safety equipment, the relocation of
switches and stacking lanes, the completion of said construction
of the crossing, installation of safety equipment and switches
and stacking lanes by St. Louis Southwestern Railway Company
being no later than December 31, 1987. If the St. Louis
Southwestern Railway Company agrees in a binding written contract
to construct the railroad crossing, install related safety
equipment, and relocate switches and stacking lanes, and complete
all of these improvements no later than December 31, 1987,
Thompson shall pay the amount of $193,865.00 for the relocation
of railroad switches and construction of stacking lanes,
$72,714.00 to construct the at-grade crossing, and $170,000.00
for the purchase and installation by the railroad of necessary
safety equipment. In the event the Railroad does not agree and
condemnation is necessary, Thompson shall be responsible for the
cost of acquiring an at-grade railroad crossing from the St.
Louis Southwestern Railway Company and improving the railroad
crossing to the extent required by law which includes the cost of
the railroad right-of-way, the cost of relocating switches and
railroad stacking lanes, all costs imposed against Coppell for
such condemnation taking, including any damage to the remainder,
the legal fees of Winstead, McGuire, Sechrest & Minick for the
cost of the condemnation action, and court costs, if assessed,
against Coppell.
4. Coppell shall use reasonable efforts to enter into an
agreement with the Dallas/Fort Worth International Airport Board
to acquire the right to use the property shown on the Plan for
the construction of Royal Lane and drainage improvements in
accordance with the construction standards shown on the Plan.
The. obligation of Thompson to construct Royal Lane and drainage
improvements are contingent upon an agreement acceptable to
Thompson entered ~nto between the Dallas/Fort Worth International
Airport Board and the City of Coppell to allow for the
construction of these improvements.
5. Upon Completion of the construction of Royal Lane and
the drainage improvements in accordance with the Plan, Coppell
shall be responsibl~ for all necessary traffic control devices
and information s~gns, shall handle traffic control on Royal
-2-
Lane, and shall maintain Royal Lane and all drainage facilities
constructed by Thompson in accordance with the Plan in the same
manner that Coppell provides these services on other roads and in
other locations within the city limits of Coppell.
6. Coppell agrees to diligently pursue resolution of
off-site drainage problems (if any) affecting the Post Office
Site and used by the U.S. Postal Service.
7. Coppell shall not assess the U.S. Postal Service for
any costs associated with the purchase of.right-of-way or the
cosntruction of any street or the widening of any street abutting
the Post Office Site so long as it is used by the U.S. Postal
Service.
8. Coppell shall provide at Coppell's expense a water line
in accordance with the City Master Plan. Coppell shall
construct the water line during the construction of Royal Lane.
9. The obligations contained in this Agreement are
expressly contingent upon the Board of Governors of the United
States Postal Service approving the Post Office Site for the
construction of the north Dallas general mail facility, and the
United States Postal Service closing the real estate transaction
and purchasing the Post Office Site on or before July 1, 1987.
The obligations contained in this Agreement are also contingent
upon Coppell and the Dallas/Fort Worth International Airport
Board entering into'an agreement for the use of airport property
for the construction and maintenance of Royal Lane and drainage
improvements in accordance with the Plan on or before May 5,
1987. If any of the above-referenced conditions are not
satisfied within the time frames set forth herein, this Agreement
shall be null and void and of no further effect and no
obligations whatsoever shall be created by this Agreement unless
said above-referenced conditions are modified by written
amendment to this Agreement and consented to by both Coppell and
Thompson.
10. This Agreement shall be governed and construed in
accordance with the laws of the State of Texas and the
obligations of the parties are and shall be performable in Dallas
County, Texas.
11. This Agreement shall be binding upon the parties
hereto, the respective heirs, legal representatives, successors
and assigns. The rights contained in this Agreement as
applicable to the Post Office Site shall run with the land. This
Agreement shall be filed by Thompson in the Deed Records of
Dallas County, Texas.
IN WITNESS WHEREOF, the parties hereof have executed this
Agreement effective as of the day, month, and year first
hereinabove written.
CITY OF COPPELL
ATTESTED:
-3-
~4.~~s ~o~~. /
STATE OF TEXAS $
COUNTY OF ~ALLAS ~
This Agreement was acknowledged before me on the ~[ay of
~ , 1987, by Lou Duggan, Mayor of the City of Coppell,
on behalf of said City.
My
~tary P~li~State of Texas
STATE OF TEXAS ~
COUNTY OF DALLAS ~
me on the ~ day of
Thi. s Agreement was acknowledged before
~TQ"[~k.d~,--2 , 1987, by William G. Thompson, Trustee.
Public -~tate of Texas
My Co~ission Expires:
M~ ~mmiss~R [xpi~es 1Cl24188
152:D032287A.00
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SURVEY PLAT
10 ALL PAi~llL~ INIER[St[I) IN PREMISES SU~VLY£P-
Thi~ is to cert~(y Ihd% ! hdVe. this date. made a Ldrfful ef~d accurate Survey on the ground of property
IoLal. ed un Iietl~.l Road. i,i th~ £~ty of 4~oppvll, UiIII, County. Texas, described is follM:
¥[IKG a tract of' 1dna s~tudted In the b.A. & ~.G RAILRb~ C~PANY SURVEY, ABSTRACT NO. 14~Y. ~n t~
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of 14~S.;Z feet to I co~rete ~nt for
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ot 1?3.0~ t~et tu a co~rete mo~ent for curtlt, r;
IH[N~[ ~oth 0O Oegrees 1~ mt~tes 12 Second~ ~est for I dtstd~e Of IZD0.~ f~ to a coKrete ~nt for
TH[N(.E South U9 dPgre~'s 44 ~iflutes 4U ~ecoflob [dSt fu.-'d da~LdflLe Uf 14.~ f~t to I coKrete m~nt for
cor~r:
TH[k~[ South 00 deqrt'e% Z? mif.ute~ 21 ~eco,ds ke~t toro distance fit ~3.~4 feet to I concrete mo~t f~
corer in the korth~sterl~ I~ne of the St. Loui~ dnd
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COUNTY OF DALLAS
...::{f~.:: -.
This Agreement fs betwe'6h<"the' City of Cop'pell, Texas, an
~_~ncorporated Home Rule City situated in Dallas County, Texas
[he~-einafter "Coppell") and William G, Thompson, Trustee
{]~ereipafter "Thompson"), and is effective as of the ~. day of
_ _~]~ , 1987. This Agreement shall supersede the Agreement
entered into by Coppell and Thompson dated March 27, 1987.
,'RECITALS:
~EREAS, it i~~nt:erest ' oz the safety and future
mobility of the citi~ens'~of~-.Coppell that Royal Lane be extended
as a north/south thoroughfa~e~:connecting Bethel Road and IH-635
in accordance with the ~pl-an attached hereto and made a part
ben'eof and marked Exhibit "A"~:(hereinafter referred to as the
"[']an")~ and ...--~
.... '~ '{.~:'
~.f~[f:REAS, this extension of Royal Lane has been designated on
une thoroughfa~-e plan of Coppell for many years; and
~EREAS, this extension-of Royal Lane from IH-635 to Bethel
}~oad has been recognized as:needed for a n~ber of ~ears and the
~arly completion of Royal Lane will greatly relieve vehicular
congestion in and around the.northwest quadrant of Dallas County;
· . '.{ · :;. '.:..-...-
~EREAS, there exists a high need to complete- Royal Lane
n..:~-oss the St. Louis Southwestern Railway tracts in Coppell; and
~EREAS, Coppel 1 has endorsed and does in fact
~.nthusiastically suppo~t~the'~extension of Royal Lane from IH-635
~..-~ }~e~.hel Road and throug~'~.th:~"~:: intersection of the St. Louis
.... ~.n~estern Railway; and ¥ ..-~..'~>'.
~{ER}.:AS, the United States Postal Service has announced its
nten~.ion to construct and operate a fully automated general mail
-~,cili%y in the north Dallas County area; and
~EREAS, the United States Postal service has designated the
site described in Exhibit "B", attached hereto and made a part
hereof, as a potential site for its north Dallas general mail
facility ("Post Office Site");. and
~EREAS, this fac'il fry.will provide a much needed public
service to the northwest region of Dallas County; and
~EREAS, if chosen, preparation for this site will require
,~rtain drainage improvements and the expeditious completion of
,~,~ extension of Royal Lane to. connect Bethel Road and IH-635;
-~I]l~ . . .~~"' ~ ....-,, '~' ~'.~, - .
~EREAS, Coppell supports and endorses the location of such
a facility on the Post Office Site and within its city limits~
and
. . .~.~',.[~..::-
~AS, the ~oYal ~'~' E~ten~ ion, including drainage
facilities, would be constructed o~ property owned by the
i')allas/Fort ~orth International Airport provided that, after
co~lst ruc t ion, all maintenance of ~oyal Lane and drafnage
facilities between ~H-635 ~nd ~ethel ~oad shall be the
:esponsibility of Coppelll and
~EREAS, Coppell finds it to be to its best .interest to
enter into an agreement with the ~alla~/Fort Worth International
Airport Board for the construction and maintenance of Royal Lane
.~:,¢[ necessary drainage ~improvements and to support the
construction of Royal Lane and necessary drainage improvements on
the Dallas/Fort Worth International Airport property at no cost
to Coppell.
NOW, THEREFORE, for the Consideration of the construction of
Royal Lane and necessary.,i-drainage improvements, the benefits
described in the recitals contained in this Agreement and for
other good and valuable consideration, the receipt of which is
hereby acknowledged, Coppell and Thompson agree to the following:
1. Thompson shall ConStruct an extension of Royal Lane
from Bethel Road to Cotton Road in the location shown on the
?].an. Thompson shall construct~Royal Lane in accordance with the
!~a~,ement design standards set-forth in the Plan.
2. Thompson.~sh~-l'.~~t'.r~drainage ~improvements in
accordance with the Pl'an'~T~son"~hall construct the drainage
channel on the west side Of'Royal Lane and a box culvert under
Royal Lane at the south side of its intersection with Bethel Road
in accordance with the Plan and dedicate the 30 foot right-of-way
along the south side of Bethel Road as shown on the Plan.
'~hompson shall install the drainage channel from the box culvert
shown on the Plan east along the south side of Bethel Road the
'!.ength of the Post Office.Site.
.
3. Coppell shall-use' reasonable efforts to negotiate a
settlement with the St...Louis Southwestern Railway Company for
the construction of the~.at~rade crossing of Royal Lane and the
installation of relatedly'safety equipment, the relocation of
switches and s~acking, lan~sT;~i~he completion of.said construction
of the crossing, installation of safety equipment and switches
and stacking lanes by St.,?Louis Southwestern Railway Company
being no later than . December .-.31, 1987. If the St. Louis
Southwestern Railway Company· agrees in a binding written contract
to construct the railroad crossing, install 'related safety
equipment, and relocate switches and stacking lanes, and complete
all of these improve~e~.t~S~l~o~ate~:,~%than.,. December 31, 1987,
Thompson shall pay the amo'un~0f'~$1~93,8'~§i00 for the relocation
·
of railroad switches and!i...construction of stacking lanes,
$72,714.00 to construct the.-a'~-grade crossing, and $170,000.00
for the purchase and installation by the railroad of necessary
:safety equipment. In the event the Railroad does not agree and
.:,)~demnation is necessary, Thompson shall be responsible for the
cost of acquiring an at-grade railroad crossing from the St.
Louis Southwestern Railway Company and improving the railroad
crossing to the extent required by law which includes the cost of
the railroad right-of-way, the cost of relocating switches and
railroad stacking lanes, all costs imposed against Coppell for
such condemnation taking, including any damage to the remainder,
the legal fees of Winstead',' McGuire, Sechrest & Minick for the
cost of the condemnation action, and court costs, if assessed,
against Coppell.
4. Coppell shall:· "' ~ '
use;~reasonable efforts to enter into an
~..~reement with the Dallas/Fort Worth International Airport Board
.., acquire the right to~use?%the property shown on the Plan for
~'he construction of-"'Roya~'!~:i:Lane and-drainage improvements in
~ccordance with the construction standards shown on the Plan.
· !'!~e obligation of Thompson to construct Royal Lane and drainage
i~nprovements are contingent upon an agreement acceptable to
Thompson entered into between the Dallas/Fort W.~rth International
Airport Board and the City of Coppell to allow for the
construction,of these improvements.
upon~ comp~e,~.~on~0~_~.".~e.~,c_gB~~.~.O,.~R,,.f~gyal~Lane.~ ~. and
the ~ainage improv~e'~]~~:[:'~.~..~:~_~.~..~..~-~&~p, la'fi,~,:Coppel 1
shall be responsible:':fU~~C~ary~:.'t'raf'fic:'~.'cb~'~ol~'devices
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~. Coppell agr~i/s<~.'t~.~>.'di-ligeritl¥ pursue resolution of
off-site drainage problems ::{if~. any} affecting the Post Office
Site and used by the U,So Postal:Service,
7. Coppell shali~ not"ass'~'s's the U,S, Postal Service for
,~'.'t' costs associated 'with.-_the}:purchase of right-of-way or the
~...~.qtruction of any street orl the'-widenin~ of any street abutting
r.i~e Post Office Site so long as it is used by the U.S. Postal
service.
8. Coppell"sh'al'I~J'rog-.i.~d~-t~ Copp~ll's"expense a'wa~er line
in the right-of-way ~0f. Rdyal;:Lane in accordance with the City
Master Plan. Coppell shall construct the water line during the
construction of Royal Lane.
9. Thompson shall relocate the~Explorer Pipeline on the
Post Office Site in accordance with the Plan or in a manner and
in a location that is mutually agreed to by Thompson and the
United States Postal Service; Thompson shall also. relocate the
E~plorer Pipeline on property·west of the Royal Lane Extension in
~-~,'~ordance with the Plan. or in a manner and in a location
~utua!ly agreed to .by..Thompson and the Dallas/Fort Worth
!~ternational Airport iBoa~d;~ ...... '
10. The obligations. :icontained in this Agreement are
~:~ressly contingent upon'.~ the Board of Governors of the United
ZJtates Postal Service approving the Post Office Site for the
construction of the north Dallas general mail facility, and the
United States Postal Service closing the real estate transaction
and purchasing the Post Office Site on or before July 1, 1987.
The obligations contained in this Agreement are also contingent
upon Coppel 1 a nd..~t h~D~:~WSy~ r.t$$Wo r t h~-I n t e r n a t i o n a 1 Airport
Board entering int~an~/~%{~'~n't%$fo'r~{he us'~ of airport property
for the construction?'and'maintenan~e of Royal Lane and drainage
improvements in accordance'-with the Plan on or before May 5,
i987. If any of the above-referenced conditiohs are not
:~atisfied within the time frames set forth herein, this Agreement
~ha].l be null and void and of no further effect and no
of~[igations whatsoever shall be created by this Agreement unless
~a~d above-referenced ~ conditions are modified by written
amendment to this Agreement and'consented to by both Coppell and
11. This Agreement snail be governed and construed in
accordance with the laws of the State of Texas and the
~,~ligations of the parties are and shall be performable in Dallas.
t'ounty, Texas.
12. This Agreement shall be binding upon the parties
hereto, the respectiv, e heirs, legal represent, atives, successors
and ass ~gns. Theft rx~glits~conta~ned in th~s Agreement as
applicable to the' Pos't~<Off-i'~Si~'e-:~'sha'll---run wxth the .land. Th~s
Agreement shall be f~led by Thompson in the Deed Records of
Dallas County, Texas.
13. This Agreement shall"supersede the Agreement between
Coppell and Thompson dated ~.' ~rch 27, 1987, and the Agreement
dated March 27~ 1987 is hereby~declared null and void and of no
further force a6d effect.
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