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SS9301-AG 930413
· AGENDA REQUEST FORM IL//K -.~/ L-V'. CITY COUNCIL MEETING Al)rtl 13. 1993 I~M NU~ '_~ t..'" ITEM CAPTIOn- Consideration of approving an agreement with S.C. Parsons, Inc., Troth Enterprises, Inc. and Lerman Investments, Inc. in the amount of $15,000 for the acquisition of a permanent and temporary construction easement. SUBMITTED BY: STAFF Kenneth N. Griffin, P.E. ctor' e) . City Engineer ....... ' OTHER REP.: .................. EVALUATION OF ITEM: DATE: Avri! 5, 1993 As discussed in Executive Session, staff recommends that the City enter into a agreement with S.C. Parsons, Inc., Troth Enterprises, Inc. and Lerman Investments, Inc. for the acquisition of a 35,639 square foot permanent sanitary sewer easement and 66,471 square foot temporary construction easement in the amount of $15,000. Said amount to be total compensation for both the permanent and temporary construction easements. Funds for this item can come from ~venue Bond Funds, Series 1992 for Grapevine Creek Sewer Trunk Main. ' %-__~....-.--- LEGAL REVIEW BY: REVIEWED BY CM: ' / AG~.NDA REQU~RT FORM R~'ISF. D 1/91 · SANITARY SEWER EASEMENT DEDICATION THE STATE OF TEXAS COUNTY OF DALLAS CITY OF COPPELL KNOW ALL MEN BY THESE PRESENTS: THAT the undersigned, Troth EnterDrises, Inc., S. C. Parsons, Inc., Lerman Investments, Inc., hereinafter called "Grantor", for a good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby grant to the City of Coppei!, Texas, hereinafter called "Grantee", a sanitary sewer easement for the purpose of constructing and maintaining a sanitary sewer line in, over, and across Grantor's land as described in Exhibits A and B attached: SEE EXHIBITS A & B in addition, it is expressly understood and agreed that upon completion of the construction of the sanitary sewer line, the Grantee will restore the condition of the property to substantial!y the condition the property existed at the start of the construction. The Grantee agrees to idemnify and hold harmless from all damages, claims, or causes of action which result from the use by the Grantee of the easement granted herein. TO HAVE AND TO HOLD the above described perpetual easement and al! rights unto the said City of Coppell, Texas, its successors and assigns, forever. AND Grantor does hereby bind __ self, heirs and legal representatives, to warrant and forever defend al/ and singular and above described perpetual easement and all right unto said Grantee. its successors and assigns, against every person whomsoever 1awfully claiming or to clalm the same or any part thereof. EXECUTED this __ day of 1993. GRANTOR: Troth Enterprises, Inc. S. C. Parsons, Inc. Lerman investments, Inc. THE STATE OF TEXAS COUNTY OF DALLAS BEFORE ME, the undersigned authority, on this day personally appeared , known to me to be the person_ whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN under my hand and seal or office on this __day of , 1993, Notary Public in and for County THE STATE OF TEXAS COUNTY OF DALLAS BEFORE ME, the undersigned authority, on this day personally appeared , known to me to be the person_ whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN under my hand and seal or office on this __ day of 1993. Notary Public in and for County THE STATE OF TEXAS COUNTY OF DALLAS BEFORE ME. the undersigned authority, on this day personally appeared , known to me to be the person_ whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN under my hand and seal or office on this __ day of 1993. Notary Public in and for County ~ t ] I I Block ,4 PROPOSED SA:J.TARY SEWCJ~R LINEI~J I J J ' ~ ~ North/aka ~ood/and~ ' I / ' , , I VoL 851~ Pg' 2819 ' ~ ~ i I , , / ~MPORARY CONS~UCqON EASEMENT AR~A: 66,~71 ~q.ft. or 1.526 ocre~ / / ~ ~ SANITARY SE~R EASEMENT AREA: 35,639 ~q.ft. or 0.818 ocre8 I S C Par~on, Ina. SEE SHEET 2 OF 2 ~1~ OF OOPPELL DALLAS 0OUN~, TEXAS SANITARY SEWE~ ~ASEMENT TROTH ENT~RPRISE~, INO., e~ Dote: IO/2~/91 Snoet 1 of 2 s.o~.: '" -s~' GINN & CASE, INC., Consu:ting Engineers, Dallas, Texas SEE SHEET 1 OF 2 I I "!' L ~ 600.6? L ~ 766.0? ~ R ~ 2870.00' R ~ 2910.00' I I-'.'-' ~,". ~ ~3' ~t7' 18' z~= 15'05'C0' I /'LC = S 77'53'16'E LC = S 78' 32' 97' E 689.00' I763.78' , L ~ 77!.33' I R m 293C.30' I LC = t, 78'32'07' W'~, TEMPORARY CONSTRUCTION EASEMENT I I L' AEZA: 66,~71 sq.ft, or 1.526 mcres I I I O5' 13' 05' W I I 1 o.o0' I I / L m 65.O9' R = 2880.00' Z~ = 01' 17' LC - S 85'25'46'E s SANITARY SEWER EASEMENT "~N AREA: 55,639 sq.ft, or 0.818 acres I ~ ~ 86' 04' 37' w Lq ~ ~55.67' t I cN 86' 04' 37' E ~ ~79.61' I "~ Troth Enterpr/$e.% /nc. I ~ , Vol. 88155 P~. 842, Tract II , , S. C. P~r~on, /nc. ac c5 ' Lerman /nve~tment~, /nc. v~'c~ [ Fo~. 88203 Pg. 1005, Tract I/ I II L26' I ' 22.17, . / ~ =~J ~',~,-22"t' -.-. PROPOSED SAN!TARY SE'*~R I-'NE JF/ ~"?11-.,~, I CITY OF COPPELL DALLAS COUNTY. TEXAS "' SANITARY SEWER EASEMENT TROTH ENTERPRISES, INC., et al Ro,.:.o~: oa/o_./~ Exhibit-A Do[o: 10/25/'~,; Sheet 2 of _ scc~o: ~' = ~0o' GINN & CASE. INC., Consulting Engineers, Dallas, Texas .Dro~ing No. 93263~23 SANITARY SEWER EASEMENT TROTH ENTERPRISES. INC. S. C. PARSONS, INC. LERMAN INVESTMENTS, iNC. EXHiBiT B A tract or parcel of !and situated in the J. C. Cook Survey, Abstract No. 315, Dallas County, Texas, and being paTt that tract of land described as TRACT II in the deed to Troth EnteTpTises, Inc. dated August 23, 1988 and TecoTded in Volume 88165 Page 843, and in the deed to S. C. Parsons° inc. dated August 23, 1988 and recorded in Volume 88165 Page 83?, and in the deed to Lerman investments, inc. dated SeptembeT 28, 1988 and Tecorded ~n Volume 88203 Page 1005 in the Dallas County Deed Records, and being more particularly described as follows: COMMENCING at the southwest cornet of said TRACT II also being the southeast coTneT of Lot lB Block A of NoTth Lake Woodlands, East Phase 8, an addition to the City of Coppe!l as Tecorded in Volume 85144 Page 2819 in the Dallas County Map Records and being also in the north line of the St. Louis and SouthwesteTn Railroad 100 foot right-of-way; THENCE North O0° 24' 44" East 21.i0 feet along the west line of said TRACT II and along the east line of said Lot lB to the POINT OF BESiNNING; THENCE North O0© 24' 44" East 21.i0 feet continuing along the west line of said TRACT ii and along the east line of said Lot lB; THENCE South 70° 59' 37" East 556.2? feet along a line 40 ~eet north of and paTallel to the south side of said TRACT II to the beginning of curve to the !eft: THENCE Easterly an aTc distance of 786.0? feet along the curve to the left, said curve having a Tadlus of 2,910.00 feet, a central angle of 15° 05' 00" and the long chord beats South 78° 32~ 07" East 763.78 feet; THENCE South 86° 04' 3?" East 465.25 feet to the east line of said TRACT ii also being the west line of the tTact of land described as TRACT i-C in the deed to First Texas Savings Association as Tecorded in Volume 882iS Page 6301 in the Dallas County Deed Records; THENCE South 29° 30' 28" West 22.i? feet along the east line of said TRACT ii and along the west line of the First Texas Savings Association tTact: THENCE North 86° 04' 3?" West 455.67 feet along a line 20 feet noTth of and parallel to the south line of said TRACT II to the beginning of curve to the right: THENCE Westerly an arc distance of 771.33 feet along the curve to the right, sa~d curve having a radius of 2,930.00 feet, a central angle of 15- 05' 00" and the long chord bea~s North ?8° 32' 07" West 769.11 feet; TMENCE NoTth ?0° 59' 3?" West 549.44 feet continuing along a 2!ne 20 feet no~th of and DaTa!!el to the soutk side of TRACT ii to the POINT OF BEGINNiNS. TEMPORARY CONSTRUCTION EASEMENT DEDICATION THE STATE OF TEXAS COUNTY OF DALLAS CITY OF COPPELL KNOW ALL MEN BY THESE PRESENTS: THAT the undersigned. Troth EnterDr!ses, Inc., S. C. Parsons, Inc., Lerman Investments. Inc.. hereinafter called "Grantor", for a good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby grant to the City of Coppeil, Texas, hereinafter called "Grantee'~, a temporary construction easement for the purpose of constructing and maintaining a sanitary sewer line in, over, and across Grantor's land as described in Exhibits A and B attached: SEE EXHIBITS A & B In addition, mt is expressly understood and agreed that upon completion of the construction of the sanitary sewer line, the Grantee will restore the condition of the property to substantially the condition the property existed at the start of the construction. The Grantee agrees to !demnify and hold harmless from all damages, claims, or causes of action which result from the use by the Grantee of the easement granted herein. The City of Coppe!i shall review all tree cutting or tree removal with grantor, and receive permission from the grantor to cut or remove trees in this temporary construction easement prior to commencement of such activity. TO HAVE AND TO HOLD tke above described temporary construction easement and all rights unto the said City of Coppell, Texas, its successors and assigns, during the construction of Grapevine Creek Sanitary Sewer Line improvements. AND Grantor does hereby bind __ self. __ heirs and legal representatives, to warrant and forever defend ali and singular and above described temporary easement and all right unto said Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. EXECUTED this __ day of , 1993. GRANTOR: Troth Enterprises, inc. S. C. Parsons, inc. lerman investments, Inc. THE STATE OF TEXAS COUNTY OF DALLAS BEFORE ME. the undersigned authority, on this day personally appeared . known to me to be the person_ whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN under my hand and seal or office on this __day of , !993. Notary Public in and for County THE STATE OF TEXAS COUNTY OF DALLAS BEFORE ME, the undersigned authority, on this day personally appeared , known to me to be the person_ whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN under my hand and seal o~ office on this __ day of 1993. Notary Public in and for County THE STATE OF TEXAS COUNTY OF DALLAS BEFORE ME, the undersigned authority, on this day personally appeared th'e known to me to be the person_ whose name is subscribed to foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN under my hand and seal cT office on this __ day of 1993. Notary Public in and for County ~ I 8/ock A PROPOSED SA TARY SE~I~R I Northlako Wood/ands I / VoZ 851~ Pg. 281~ ~POB-TCE ~ I ,, I i ~ ..... -' POB-SANITARY SE~R E, ~ / ~ X > I 549.44" 569.63' ~ X ~MPORARY CONS~UC~ON EASEMENT AR~: 66,~71 sq,ft, or 1.526 ] IL','. VoL 88165 Pg. 8~2, Tract I/ ' S. C. Parson, Inc. I I Vol. 88~66 Pg. 8JZ froot// , Leman In~stmont$, Inc. ~oL 8820J Pg. 100~ Tract I/ S~_ SBEET 2 OF 2 Cl~ OF COPPELL DALLAS COUNt, TEXAS SANITARY SEWER EASEMENT TROTH ENTERPRISES, INC., et ol Octe; ~0/25/9: Sheet I of 2 s~o~: ~' -~co' GINN & CASE, INC., Consulting Engineers, Dallas, Texas Dr=~:ng No. 93263123 __ 3EE SHEET I OF 2 [ I ! ! ! I I I LC - S 78' 32' 07' E 68g.00" I76;5.78' , I ! L = 77!.3.3' il ["I'- R- ?-~ao.oo' A~ !5' 05' OO' I LC ~ N 78' 32' 07' W ~ 769.1 i' I ~MPORARY CONS~UC~ON EASEMENT I AREA: 66,471 sq.ft, or 1.526 acres 05' 13' 05' W 10.00' I L = 6~.09" R ~ 2880.33' ~= 01' ~7' 42" I LC - S 85' 25'46'E I ~ 65.09' s .~ ~ S~ITARY SE~R EASEMENT ~ AREA: 35,659 sq.ft, or 0.818 a~es I '~ ~ ,'.t A~ ~ss.~,' , ~ K ~ / , ~s ~'o4' a,' , ~': ~ ~ Troth Ente~rises, Inc. 22 17' : ~o ~w' , ~ . ~ -~.,' PROPOSED SANITARY SEWER L:N '~ I ' ' ' ~. i~ ~,o. '-~ r~ CI~ OF COPPELL ' DALLAS COUNt, ~XAS SANITARY SEWER EASEMENT TROTH ENTERPRISES, INC., et Re,~eed: 05/09/~ Exhibit-A Dete: 10/25/91 Sheet 2 of 2 sc='.: ~" - ~oo' GINN ~ CASE, INC., Consulting Engineers, Delles, Texes · TEMPORARY cONSTRUCTiON EASEMENT TROTH ENTERPRISES. INC. S. C. PARSONS, INC. LERMAN INVESTMENTS, iNC. EXHIBIT B A tract or parcel of land situated in the J. C. Cook Survey, Abstract No. 315, Dallas County, Texas, and being part of that tract of land described as TRACT ii in the deed to Troth Enterprises, Inc. dated August 23, 1988 and recorded in Volume 88165 Page 843, and in the deed to S. C. Parsons, Inc. dated August 23, 1988 and recorded in Volume 88165 Page 83?, and in the deed to Lerman Investments, inc. dated September 28, 1988 and recorded in Volume 88203 Page 1005 in the Dallas County Deed Records, and being more particularly described as follows: COMMENCING at the southwest corner of said TRACT II also being the southeast corner of Lot lB Block A of North Lake Woodlands, East Phase 8, an addition to the City of Coppell as recorded in Volume 85144 Page 2819 in the Dallas County Map Records and being also in the north line of the St. Louis and Southwestern Railroad 100 foot right-of-way; THENCE North O0O 24' 44" East 42.20 feet along the west line of said TRACT II and along the east line of said Lot lB to the POINT OF BEGINNING; THENCE North O0° 24' 44" East 42.20 feet continuing along the west line of said TRACT II and along the east line of said Lot lB; THENCE South ?0° 59' 37" East 569.63 feet along a line 80 feet north of and parallel to the south side of said TRACT II to the beginning of curve to the left; THENCE Easterly an arc distance of 690.67 feet along the curve to the left, said curve having a radius of 2,870.00 feet, a central angle of 13° 47' 18" and tke long chord bears South ??o 53' 16" East 689.00 feet; THENCE South 05° !3' 05" West 10.00 feet to the intersection with a curve to the left; THENCE Easterly an arc distance of 65.00 feet along the curve to the left and along a line 70 feet from and parallel to the south side of TRACT II, said curve having a radius of 2,880.00 feet, a central angle of O1° i?' 42" and the long chord bears South 85° 25' 46" East 65.09 feet; THENCE South 88° 04' 37" East 479.61 feet to the east line of said TRACT ii also being the west line of the tract of land described as TRACT l-C in the deed to First Texas Savings Association as recorded in Volume 88213 Page 6301 in the Dallas County Deed Records; THENCE South 29° 30' 28" West 33.26 feet along the east line of said TRACT ii and along the west llne of the First Texas Savings Association tract; THENCE North 86° 04' 37" West 465.25 feet along a llne 40 feet north of and parallel to the south line of said TRACT ii to the beginning of curve to the right; THENCE Westerly an arc distance of 756.07 feet along the curve to the right, said curve having a radius of 2,910.00 feet, a central angle of 15- 05' 00" and the ion~ chord bears North 78° 32' 07" West 763.86 feet; THENCE North ?0° 59' 37" West 556.i? feet continuing along a line 40 feet north of and parallel to the south side of TRACT II to the POINT OF BEGINNING. C__,_qrrollton Youth & Family Services -- Councihnan Morton stated that he had attended a meeting. D/F~,V Airport Expansion -- Councilman Morton announced that the bill will be brought up before the llouse on April 14, 1993 for a floor vote. Economic and Business Development Board -- Councilman Morton stated that he and Councilman Thomas attended the meeting. The Chamber reported, at that meeting, the tentative hiring or final negotiations with the new Executive Director coming out of Temple. Councilman Morton indicated there should be an agenda item coming forward on a contract. Citv/CISD Joint Newcomers -- Councilman Robertson indicated lhat there was nothing new to report at this time, but he would like Io investigate the possibility of joint meetings after lhe May election. Councilman Garrison expressed a concern regarding the traffic at the Kid Country dedication. Chief Nell McKinney indicated that they were also concerned and stated that Ihe police would be on the scene to help direct traffic. CONSENT AGENDA 16. A. Discussion and consideration of awarding Bid No. Q-0293-01 for the purchase of a 1/2 ton shorlbed pickup truck to Arendale Ford in the amount of $9,290.00. B. Consider approval of an ordinance of the City of Coppell amending Section 15-1-3 of Chapter 15 of the Code of Ordinances of the City of Coppell, Texas providing for barriers, fences and gates for pools, spas, and hot tubs hereinafter more fully described, providing a savings clause, providing a severability clause providing penalties for violation, and an effective date. C. Discussion and consideration of an ordinance amending Chapter 18 of the Code of Ordinances to add Article 18-12 providing residential and commercial garbage collection fees to incorporate a 1.5% increase in fees for trash pickup. D. Review and consideration of a resolution supporting the continued endorsement of the efforts of Dallas County to qualify for the Urban County Community Development Block Grant Program for Federal Fiscal Years 1994, 1995 and 1996, and authorizing the Mayor to sign the agreement. E. Consideration and approval of an ordinance to change the zoning, Case #S- 1041 (A) to (LI-SUP) Light Industrial Special Use Permit, on property located at the northwest corner of Thweatt Road and Coppell Road, at the request of Brazos Electric Cooperative, and authorizing the Mayor to sign. F. Consider approval of a final payment in the amount of $28,932.70 to DaI-Tech Construction Inc. for construction of the Fh'e and Building Inspections Administrative Building located at 500 Southwestern Boulevard. G. Consideration and approval of awarding bid for travel management services to Coppeil Travel King with a term of contract to be one year and the option to extend the contract for four additional one-year periods. Travel arrangements will be ordered by department as required during the term of the contract and xvill not exceed the budgeted amount approved for travel. CM041393 Page n of ? H. Consider appointment of Conncilmen Peyton Weaver, Lanny Mayo, and Ron Robertson along with Police Chief Nell McKinney and City Secretary Dorothy Timmons to a City Manager Search Committee to assist a consultant in the search for a City Manager with Councilman Weaver serving as the contact person on the Committee. I. Consideration of a motion to rescind the budget manual approved on March 10, 1987, replacing it with a revised purchasing manual which shall be administered and/or revised by the City Manager. J. Consideration of approving an agreement with Mr. Bill Troth in the amount of $20,000 for the acquisition of utility easements from Lots 8 & 9 Northlake Woodlands Phase 12. K. Consideration of approving an agreement with S.C. Parsons, Inc., Troth Enterprises, Inc. and Lerman Investments, Inc. in the amount of $15,000 for the acquisition of a permanent and temporary construction easement. Item 16 F and Item 16 I were pniled for later consideration. Mayor Pro Tern Smothermon moved to approve Items 16 A; B, carrying Ordinance No. 93597; C, carrying Ordinance No. 93598; D, carrying Resolution No. 041393.2; E, carrying Ordinance No. 91500-A-28; G; H; J; and K. Councilman Morton seconded the motion; the motion carried 6-0 with Mayor Pro Tern Smothermon and Councilmen Weaver, Thomas, Morton, Robertson and Garrison voting in favor of the motion. Item F was considered at lhis time. Mayor Pro Tem Smothermon moved to approve Item 16 F approving a final payment in the amount of $28,932.70 to DaI-Tech Construction Inc. for construction of the Fire and Building Inspections Administrative Building located at 500 Southwestern Boulevard, subject to the punch list being completed. Councilman Morton seconded the motion; the motion carried 6-0 ~'ith Mayor Pro Tern Smothermon and Councilmen Weaver, Thomas, Morton, Robertson and Garrison voting in favor of the motion. Item I was considered at this time. Mayor Pro Tern Smothermon moved to approve Item 16 I with the wording changed to read to rescind the purchasing manual approved on March 10, 1987, replacing it with a revised purchasing manual which shall be administered and/or revised by the City Manager. Councilman Robertson seconded the motion; the motion carried 6-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton, Robertson and Garrison voting in favor of the motion. EXECUTIVE SESSION (Closed to the Public) (Items marked with (*) are not scheduled for "Regular Session" discussion or consideration.) 17. A. Article 6252-17, Section 2 (e}, and Senate Concurrent Resolution Number 83, discussion with City Attorney concerning matter involving privileged communications between attorney and client. 1.* Longbranch Country Club This item was discussed at the Executive Session which was held at the beginning of this meeting. CM041393 Page 6 of 7