ST8201-AG 940322CITY COUNCIL MEETING:
AGENDA REQUEST FORM
March 22, 2994 ~(~~)
ITEM
ITEM CAPTION:
Consideration and approval of a resolution releasing street assessment
against Northlake Nursery and Landscape Company at 794 Denton Tap Road
in exchange for dedication of permanent ten-foot utility and sidewalk
easement, providing for execution of release upon receipt of the
easement deed, and authorizing the Mayor to sign.
SUBMITTED BY: Jim Witt
TITLE: city Manager
STAFF COMMENTS:
In Executive Session in December this was discussed and by
it was agreed that we would proceed.
INITIALS
co~ensus
STAFF RECOMMENDATION
EXPLANATION:
Approval X Denial
BUDGET ~MT. $
FINANCIAL COMMENTS
/%MT. EST.$
+/-
FINANCIAL REVIEW:
Agenda Request Form - ReUsed 1.~4
CITY MANAGER REVI
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS,
AUTHORIZING RELEASE OF A STREET ASSESSMENT FOR AND IN
CONSIDERATION OF THE DEDICATION BY THE PROPERTY OWNER OF A
PERMANENT TEN FOOT UTILITY AND SIDEWALK EASEMENT; PROVIDING FOR
EXECUTION OF A RELEASE UPON RECEIPT OF AN EASEMENT DEED; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, by Ordinance No. 90472, dated April 10, 1990, a street assessment
was levied against Northlake Nursery and Landscape Company, owner of a 4.43 acre
tract of land at 794 Denton Tap Road, Coppell, Texas, in the sum of $17,560; and
WHEREAS, the assessment has not been paid in full and the City is desirous of
acquiring a permanent ten foot utility and sidewalk easement from the property belonging
to Northlake Nursery and Landscape Company; and
WHEREAS, the parties have agreed that it is reasonable that Northlake dedicate
the easement to the City in exchange for a release of the street assessment; NOW,
THEREFORE,
BE IT RESOLVED BYTHE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS:
SECTION 1. That upon delivery to the City of Coppell of a permanent ten
foot utility and sidewalk easement deed from Northlake Nursery and Landscape Company
to the property described in Exhibit "A" attached hereto and made part hereof for all
purposes, the City Manager be, and he is hereby, authorized to execute a full release of
the certificate of special assessment authorized against the Northlake property by
Ordinance No. 90472.
SECTION 2. That this Resolution shall take effect from and after its passage,
and it is accordingly so resolved.
DULY PASSED by the City Council of the City of Coppell, Texas, on the
day of ,1994.
APPROVED:
MAYOR
AGG0502A
A'T"I'EST:
APPROVED AS TO FORM:
CITY ATT'ORNEY
(RLD/ckh 1-19-94)
CITY SECRETARY
AGG0502~,
EXHIBIT 'A'
NORTH LAKE NURSERY & LANDSCAPE COMPAN~
PERMANENT 10' UTrLITy & SIDEWALK EASEMENT
Being a portion of Tract 1 of the McKinney & Williams Survey, Abstract 1054 situated in
the City of Coppell, Dallas County, Texas as recorded in Volume 86109, Page 0878 of the
Plat Records of Dallas County, Texas, and being more particularly described as follows:
COMIVlENCING at the Southeast intersection point of Denton Tap Road with Bethel Road,
said point being the Northwest corner of Lot 1, Block B, Creek View, Phase II.
THENCE South 00'55'52' West along the Fast right-of-way of Denton Tap Road, a distance
of 577.47 feet to the Southwest comer of Lot 3, Block B, Creek View, Phase II, said point
being the POINT OF BEGINNING:
THENCE North 85'07"22" Fa.~t along the south property line of said Lot 3, a distance of
10.05 feet to a point for comer;
THENCE South 00'55'52" West 10 feet from and parallel to the East right-of-way of
Denton Tap Road, a distance of 583.80 feet to a point for corner in the North right-of-way
of the St. Louis & Southwestern l~nilroad;
TI-m~NCE South 75'57'00" West along the north right of way of said rnilroad, a distance of
10.35 feet to an intersection point of the North right-of-way of said railroad with the ~n~
right-of-way of Denton Tap Road;
THENCE North 00'55'52" East along the F_.~st right-of-way of Denton Tap Road, a distance
of 585.46 feet to the POINT OF BEGINNING and containing 5,827.89 square feet or 0.1338
acres of land, more or less.
TO:
FROM:
DATE:
SUBJECT:
Frank Trando, Special Asst. To The City Manager
Chad Beach, Tax Assessor/Collector
January 24, 1994
Market Value of North Lake Nursery
According to the Dallas Central Appraisal District, the North Lake
Nursery site consists of 4.43 acres valued at $1.23 per square foot
for the 1993 Tax Year. However, I would like to point out, .8092 of
an acre was sold out of the property adjacent to the North Lake
Nursery site on the north side during February, 1993 to Gregory &
Cathy Gemoules for approximately $2.84 per square foot.
If you have any questions or desire additional information, please
do not hesitate to call upon me.
EXHIBIT 'A'
NORTH LAKE NURSERY & LANDSCAPE COMPANY
PERMANENT 10' UTILITY & SIDEWALK EASEMENT
Being a portion of Tract 1 of the McKinney & Williams Survey, Abstract 1054 situated in
the City of Coppell, Dallas County, Texas as recorded in Volume 86109, Page 0878 of the
Plat Records of Dallas County, Texas, and being more particularly described as follows:
COMMENCING at the Southeast intersection point of Denton Tap Road with Bethel Road,
said point being the Northwest comer of Lot 1, Block B, Creek View, Phase II.
THENCE South 00'55'52" West along the East right-of-way of Denton Tap Road, a distance
of 577.47 feet to the Southwest comer of Lot 3, Block B, Creek View, Phase II, said point
being the POINT OF BEGINNING:
THENCE North 85'07'22' East along the south property line of said LOt 3, a distance of
10.05 feet to a point for comer;
THENCE South 00'55'52" West 10 feet from and parallel to the East right-of-way of
Denton Tap Road, a distance of 583.80 feet to a point for comer in the North right-of-way
of the St. Louis & Southwestern Railroad;
THENCE South 75'57'00~ West along the north right of way of said railroad, a distance of
10.35 feet to an intersection point of the North right-of-way of said railroad with the East
right-of-way of Denton Tap Road;
THENCE North 00'55'52" East along the F_~t right-of-way of Denton Tap Road, a distance
of 585.46 feet to the POINT OF BEGINNING and containing 5,827.89 square feet or 0.1338
acres of land, more or less.
LAWRENCE W. JACKSON
ROBERT L. DILLARD III
ROBERT E. HAGER
PETER G, SMITH
DAVID M. BERMAN
BRUCE A. STOCKARD
Frank Trando
Director of Finance
City of Coppell
P.O. Box 478
Coppell, Texas 75019
NICHOLS, JACKSON, DIIJ~ARD, HAGER & SMrFH, L.L.P.
Attorneys & Counselors at Law
1800 Lincoln Plaza
500 North Almrd
Dallas, Texas 75201
(214) 954-3333
Fax (214) 954-3334
January 19, 1994
JOHN F. ROEHM III
ROBERT L. DILLARD, JR.
H. LOUIS NICHOLS
Dear Mr. Trando:
Enclosed is the original and two copies of a Resolution which would authorize
release of the street assessment against Northlake Nursery and Landscape Company
levied by Ordinance 90472, in exchange for an easement deed to the ten foot utility and
sidewalk easement described in Exhibit "A".
We do not have any information about the relative values involved, but I assume
you have information that the easement and the cost of its acquisition through
condemnation would equal or exceed the amount of the street assessment being
released. I do not know the relative land values in the area, but for the amount of land
being acquired by the easement, it appears to me to be a fair exchange, given the
exorbitant costs of acquiring property by condemnation.
Please let me know if you have any questions or if there are any changes or
corrections to be made in the form of this Resolution.
Very truly yours,
NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L. LP.
Robert L Dillard, III
RLD/ckh
Enclosure
AGG0502C
Frank Trando
Janua~ 19, 1994
Page 2
CC:
Jim Witt
City Manager
City of Coppell
P.O. Box 478
Coppell, Texas
75019
AGG0502C