ST0301-ES090421COMPROMISE SETTLEMENT AGREEMENT
AND MUTUAL RELEASE OF CLAIMS
THIS COMPROMISE SETTLEMENT AGREEMENT and Release of Claims
( "Agreement ") is by and among Jalal Khorami ( "Khorami ") and the City of Coppell, Texas
( "City "), collectively referred to as the "Parties" to this Agreement.
I.
RECITALS
I. Jalal Khorami ( "Khorami ") is the owner and occupant of real property situated
within the territorial limits of the City of Coppell, Dallas County, Texas. The City of Coppell,
Texas is a Home Rule municipality situated in Denton County, Texas, and organized under the
laws of the State of Texas.
2. The City and Jalal Khorami have agreed to trade land as described as follows:
a) The City shall deed the property described in Exhibit "A" to Jalal
Khorami; and
b) Jalal Khorami shall deed the property described in the Exhibit "B" to the
City of Coppell, Texas.
3. The City will also build eight (8) parking spaces on the West side of Jalal
Khorami's property and provide driveway access to them.
4. Releases Khorami and City do hereby release, acquit and discharge the other
from and against any and all demands, claims, losses, damages, litigation, and causes of action
which either party may now or hereafter assert against the other party as such may relate to the
SETTLEMENT AGREEMENT AND RELEASE PAGE 1
36328
exchange of property or condemnation, attorney's fees, expenses and court costs incurred in
connection with any Litigation.
5. Any notice to be given or to be served upon a party hereto in connection with this
Agreement must be in writing and may be given by certified or registered mail and shall be
deemed to have been given and received when a certified or registered letter containing such
notice, properly addressed with postage prepaid, is deposited in the United States mail, and if
given otherwise than by certified or registered mail, it shall be deemed to have been given and
delivered to and received by the party (or such party's agent or representative) to whom it is
addressed. Such notice shall be given to the parties hereto at the address set forth below. Any
party hereto may, at any time by giving two (2) days written notice to the other parties,
designate any other address in substitution of the foregoing address to which such notice shall
be given.
If Notice to Jalal Khorami:
Jalal Khorami
If Notice to City of Coppell:
Mayor
City of Coppell
255 Parkway Blvd.
Coppell, Texas 75019
With a copy to:
J. David Dodd, III
Nichols, Jackson, Dillard, Hager & Smith, LLP
1800 Lincoln Plaza
500 N. Akard
Dallas, Texas 75201
SETTLEMENT AGREEMENT PAGE 2
36328
6. Effective Date The Effective Date of this Agreement shall be the last date of
execution by the Parties.
I1.
MISCELLANEOUS PROVISIONS
7. Each Party to this Agreement represents that he /she /it is acting freely and
voluntarily; and that it in no way is relying upon any promise, warranty, representation or
agreement of any kind whatsoever, made directly or indirectly, by any agent, employee, or
lawyer of the Parties being released or any person or firm in privity with the parties being
released; and each Party understands that this is a full, final and complete settlement of all claims
of any kind or character whatsoever associated with land exchange and condemnation.
8. The undersigned each warrant that no inducements have been made to any of
them on behalf of the Parties released hereby, and that in deciding to release their claims and to
execute this Agreement, each has relied solely and only upon their own judgment and the advice
given to them by their attorney, whom they have selected.
9. This Agreement shall be deemed to have been jointly prepared by all Parties
hereto, and no ambiguity of this Agreement shall be construed against any party based upon the
identity of the author of this Agreement or any portion thereof.
10. This Agreement shall be governed by, construed and interpreted, and the rights of
the Parties determined, in accordance with the laws of the State of Texas, and venue of any
dispute concerning this Agreement shall be in a court of competent jurisdiction sitting in Dallas
County, Texas.
11. The recitals, statements and representations contained herein are to be considered
contractual in nature and not merely recitations of fact.
SETTLEMENT AGREEMENT PAGE 3
36328
12. In the event any one or more of the provisions of this Agreement shall, for any
reason, be held invalid, illegal or unenforceable in any respect, such invalidity shall not affect
any other provision herein.
13. This Agreement shall be binding on and inure to the benefit of each and every
Party to this Agreement, and their shareholders, partners, successors, officers, directors,
employees, assigns, heirs, executors, administrators, agents, lien holders, legal representatives,
and any of the companies, individuals or entities associated with them as owners, subsidiaries or
in any other related capacity with respect to any and all of the claims brought or which could
have been brought against any and all Parties herein released arising out of the events herein
described.
14. Each of the signatories to this Agreement represents and warrants that he /she is
authorized to execute this Agreement and bind his principals to the terms and provisions hereof.
Each Party warrants that any action required to be taken in order for this Agreement to be
binding on it has been duly and properly taken prior to the execution of this Agreement.
15. This Agreement may be executed in multiple counterparts, each of which taken
together shall constitute one and the same instrument.
Date:
Date:
By:
Jalal Khorami
CITY OF COPPELL
Mayor
ATTEST:
City Secretary
SETTLEMENT AGREEMENT PAGE 4
36328
SPECIAL WARRANTY DEED
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF DALLAS §
That City of Coppell, Texas, a Texas home rule municipality ( "Grantor "), for and in
consideration of ten dollars ($10.00) and other good and valuable consideration to Grantor, the
receipt and sufficiency of which is hereby acknowledged, paid in hand by the Jalal Khorrami,
( "Grantee ") has GRANTED, SOLD AND CONVEYED, and by these presents does GRANT,
SELL AND CONVEY unto Grantee all that certain lot, tract, or parcel of land situated in the
City of Coppell, County of Dallas, State of Texas, being more particularly described in Exhibit
"A," which is attached hereto and incorporated herein by reference.
This conveyance is being made by Grantor and accepted by Grantee subject only to
encumbrances and claims of record, but only to the extent that such encumbrances and claims of
record are valid, existing, and, in fact, affect the Land. Except for the special warranty of title
made in this Deed, Grantor makes no other representations, warranties, or covenants herein and
hereby expressly disclaims all implied representations, warranties, and covenants, whether
arising by operation of law, by statute, or otherwise.
TO HAVE AND TO HOLD the Land, together with all and singular the rights and
appurtenances thereto and in anywise belonging including all of Grantor's right, title and interest
in and to adjacent streets, alleys and rights -of -way, subject to the encumbrances and claims of
record, unto Grantee, its successors and assigns forever; and Grantor does hereby bind itself, its
heirs, successors and assigns to WARRANT AND FOREVER DEFEND all and singular the
Land unto Grantee, its successors and assigns against every person whomsoever lawfully
claiming or to claim the same or any part thereof by, through or under Grantor but not otherwise.
EXECUTED this the
day of , 2009.
GRANTOR:
CITY OF COPPELL, TEXAS
Douglas N. Stover, Mayor
CITY TO JALAL KHORRAMI
SPECIAL WARRANTY DEED
Pagel of 3
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF DALLAS §
BEFORE ME, the undersigned authority, a Notary Public in and for said County and
State, on this day personally appeared Douglas N. Stover, Mayor of the City of Coppell, 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 and on behalf of the City of Coppell, Texas, a Texas home
rule municipality, for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of
2009.
Notary Public in and for the State of Texas
My Commission Expires:
CITY TO JALAL KHORRAMI
SPECIAL WARRANTY DEED
Page 2 of 3
LEGAL DESCRIPTION
BEING 0.031 acre of land located in the JAMES A. SIMMONS SURVEY,
ABSTRACT No. 1296, Coppell, Dallas County, Texas, and being a portion of a
Tract of land conveyed to the City of Coppell, by the deed recorded in Volume
2003094, Page 797, Tract II, of the Deed Records of Dallas County, Texas. Said
0.034 acre of land being more particularly described by metes and bounds as
follows:
BEGINING at a ' / 2 " iron rod found in the West boundary line of sain city of
Coppell Tract, lying S 00° 59' 19" E 7.78 feet from a ' / s" iron rod found
marking the Northeast corner of said City of Coppell Tract;
THENCE S 01 46'57" E 74.32 feet, along the East boundary line of said
City of Coppell Tract, to a '/2 iron rod marked "Brittain & Crawford" set;
THENCE S 89 44' 28" W 18.01 feet, to a ' /z" iron rod marked "Brittain &
Crawford" set:
THENCE N 01 ° 46' 57" W 74.32 feet, ' /2' iron rod marked Brittain &
Crawford" set, in the new South right -of -way line of aforesaid Bethel Road;
THENCE N 89 44'28" E 18.01 feet, along the new South right -of -way line
of said Bethel Road, to the POINT OF BEGINNING, containing 0.031 acre
(1,338 square feet) of land.
G A2009VegaIs10.034acre. doc
SURVEY MAP OF 0.031 ACRE OF LAND LOCATED IN THE
JAMES A. SIMMONS SURVEY, ABSTRACT No. 1296,
COPPELL, DALLAS COUNTY, TEXAS.
BRrmm sc Cu
LAND SURVEYING &
TOPOGRAPFMC MAPPING
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FAX Na (017) 926-0347
P.0. M 11374 . 3606 9667M FR[t9NY
FORT 9991H. TEMS 76110
MAL
N 89 0 4428 "E
BETHEL ROAD 181
1/2" IRON ROD MARKED_
"BRITTAIN do CRAWFORD" SET
"NO IMPROVEMENTS SHOWN"
N 01 0 46'57 "W
74.32'
0.031 ACRE
1,338 SQ.FT.
1 /2" IRON ROD MARKED _
"BRITTAIN do CRAWFORD" SET
CITY OF COPPELL
VOL. 2003094
PG, 797, TRACT II
D.R.D.C.T.
SURVEYED ON THE GROUND
MARCH 27. 2009
t 4 o -
JAMES L BRTITAMI
REGISTERED PROFESSIONAL
LAND SURVEYOR
STATE OF TEXAS NO. 1874
POINT OF BEGINNING
1/2" IRON ROD FOUND
-S 00 0 59'19 "E 7.78'
— — — L— _
—1/2" IRON ROD FUND
S 01 0 46'57"t
74.32'
JALAL KHORRAMI
VOL95085
PG.259
D.R.D.C.T.
_1/2" IRON ROD MARKED
ll__�
"BRITTAIN do CRAWFORD" SE T
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18.01' I �
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CERTIFICATE
THE PLAT HEREON IS A TRUE. CORRECT AND ACCURATE REPRESENTATION OF
THE PROPERTY AS DETERMINED BY SURVEY, THE LINES AND DIMENSIONS OF SAID
PROPERTY BEING AS INDICATED BY THE PLAT. THE SIZE, LOCATION AND TYPE OF
BUILDINGS AND IMPROVEMENTS ARE AS SHOWN. ALL IMPROVEMENTS ARE SET BACK
FROM THE PROPERTY LINES THE DISTANCE INDICATED, AND THERE ARE NO
ENCROACHMENTS OR EASEMENTS VISIBLE ON THE GROUND, EXCEPT AS SHOWN.
moo
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0
0
SCALE 1 " =40'
SPECIAL WARRANTY DEED
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF DALLAS §
That Jalal Khorrami, ( "Grantor "), for and in consideration of ten dollars ($10.00) and
other good and valuable consideration to Grantor, the receipt and sufficiency of which is hereby
acknowledged, paid in hand by the City of Coppell, a Texas home rule municipality, ( "Grantee ")
has GRANTED, SOLD AND CONVEYED, and by these presents does GRANT, SELL AND
CONVEY unto Grantee all that certain lot, tract, or parcel of land situated in the City of Coppell,
County of Dallas, State of Texas, being more particularly described in Exhibit "A," which is
attached hereto and incorporated herein by reference.
This conveyance is being made by Grantor and accepted by Grantee subject only to
encumbrances and claims of record, but only to the extent that such encumbrances and claims of
record are valid, existing, and, in fact, affect the Land. Except for the special warranty of title
made in this Deed, Grantor makes no other representations, warranties, or covenants herein and
hereby expressly disclaims all implied representations, warranties, and covenants, whether
arising by operation of law, by statute, or otherwise.
TO HAVE AND TO HOLD the Land, together with all and singular the rights and
appurtenances thereto and in anywise belonging including all of Grantor's right, title and interest
in and to adjacent streets, alleys and rights -of -way, subject to the encumbrances and claims of
record, unto Grantee, its successors and assigns forever; and Grantor does hereby bind itself, its
heirs, successors and assigns to WARRANT AND FOREVER DEFEND all and singular the
Land unto Grantee, its successors and assigns against every person whomsoever lawfully
claiming or to claim the same or any part thereof by, through or under Grantor but not otherwise.
EXECUTED this the
day of , 2009.
GRANTOR:
JALAL KHORRAMI To CITY 36473
SPECIAL WARRANTY DEED
Page 1 of 3
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF DALLAS §
BEFORE ME, the undersigned authority, a Notary Public in and for said County and
State, on this day personally appeared Jalal Khorrami, 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
and on behalf of the for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of
2009.
Notary Public in and for the State of Texas
My Commission Expires:
JALAL KHORRAMI To CITY
SPECIAL WARRANTY DEED
36473
Page 2 of 3
EXHIBIT "A"
LEGAL DESCRIPTION
PERMANENT RIGHT -OF -WAY
BEING 0.026 acre of land located in the JAMES A. SIMMONS SURVEY,
ABSTRACT No. 1296, Coppell, Dallas County, Texas, and crossing the tracts of
land conveyed to Jalal Khorrami by the deeds recorded in Volume 95082, Page
259, and Volume 95082, Page 267 of the Deed Records of Dallas County,
Texas. Said 0.026 acre of land being more particularly described by metes and
bounds as follows:
BEGINING at a point at the Northeast corner of said Khorrami Tract, being the
intersection of the existing South right -of -way line of Bethel Road, with the
West right -of -way line of Coppell Road;
THENCE S 00 59' 19" E 21.03 feet, along the West right -of -way line of
said Coppell Road, to a ' /z" iron rod marked "Brittain & Crawford" set, in
the new South right -of -way line of aforesaid Bethel Road;
THENCE along the new South right -of -way line of said Bethel Road, as
follows:
1. N 46° 25'26" W 21.39 feet, to a ' /z" iron rod marked "Brittain &
Crawford" set;
2. S 89 03'00" W 129.75 feet, to a ' / 2 " iron rod marked "Brittain &
Crawford" set, in the West boundary line of said Khorrami Tract;
THENCE N 00 59' 19" W 7.78 feet, along the West boundary line of said
Khorrami Tract, to a Y2" iron rod found at the Northwest corner of said
Khorrami Tract, lying in the existing South right -of -way line of aforesaid
Bethel Road;
THENCE N 89 44'28" E 145.00 feet, along the existing South right -of-
way line of said Bethel Road, to the POINT OF BEGINNING, containing
0.026 acre (1,115 square feet) of land.
G:2009\LEGALS \OLD -TOWN \ROW -18
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CITY OF COPPELL
VOL. 2003094, PG. 797
TRACT 11, D.R.O.C.T. �(
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BETHEL ROAD
N 89 0 44'28 "E 145.00'
S 89 0 03' "W j 129.75'
PERMAN RIGHT -OF -WAY LINE
JALAL KHORRAMI
i VOL95082
PG.267
i D.R.D.C.T.
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i JALAL KHORRAMI D. - - -
VOL95085
PG.259 y b
D.R.D.C.T. i D,%
CITY OF COPPELL
VOL 2001094, PG. 797
TRACT 11, D.R.D.C.T.
SURVEYED ON 7Uf GROUND
MARCH 27. 2000
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S 00 VE i
21.03' i
1d 2 IRON RODS MARKED
" R;AIN a CRAWFORD" SET
4 6 °25'26 "W
21.39' i
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(DOC) \SU \COPPELL\ROW -DOGS \Raw -18\
ACTIVITY REPORT
TIME 04/27/2009 10:44
NAME
FAX
TEL
SER.# BROF7J659084
NO.
DATE
TIME
FAX N0. /NAME
DURATION
PAGE(S)
RESULT
COMMENT
#375
04/13
09:48
92149415259
02:02
08
OK
TX ECM
04/13
10:00
28
01
OK
RX ECM
#376
04/13
10:26
917704322773
01:52
10
OK
TX ECM
#377
04/13
10:34
99724627727
02:26
09
OK
TX ECM
#378
04/13
10:38
99729319538
02:34
09
OK
TX ECM
04/13
16:56
2143241687
21
01
OK
RX ECM
#379
04/13
17:00
9- 2142601404
17
01
OK
TX ECM
#380
04/14
08:09
99723853044
23
01
OK
TX ECM
04/14
09:40
22
01
OK
RX ECM
#381
04/14
09:49
99724621036
01:51
07
OK
TX ECM
#382
04/15
08:46
99723043514
46
05
OK
TX ECM
#383
04/15
14:42
918004527368
00
00
BUSY
TX
#384
04/15
15:45
918004527398
26
02
OK
TX ECM
#385
04/15
16:55
99723043514
52
06
OK
TX ECM
#386
04/16
11:48
918668811200
57
05
OK
TX ECM
04/17
08:44
20
01
OK
RX ECM
#387
04/17
15:20
99723040203
36
04
OK
TX ECM
#388
04/17
16:06
92146347315
49
03
OK
TX ECM
04/19
10:23
9724597130
22
01
OK
RX ECM
#389
04/20
07:38
918664522549
27
03
OK
TX ECM
#390
04/20
07:39
918773904782
01:09
04
OK
TX ECM
04/20
08:17
214 618 7509
12
01
OK
RX ECM
04/20
11:30
8175489909
40
01
OK
RX
04/20
12:11
8172930227
20
01
OK
RX ECM
04/20
13:31
972 918 6927
17
01
OK
RX ECM
04/20
17:35
21
00
NG
RX
04/20
17:37
30
00
NG
RX
04/20
17:39
972 459 9411
34
01
OK
RX ECM
04/20
17:42
972 315 9607
47
01
OK
RX ECM
04/20
23:15
49
01
OK
RX ECM
04/21
08:16
2143126392
21
01
OK
RX ECM
04/21
08:37
972 518 6844
19
01
OK
RX ECM
04/21
10:52
27
03
OK
RX ECM
#391
04/21
11:44
99723044422
37
01
OK
TX
#392
04/21
14:04
99729319538
22
01
OK
TX ECM
#393
04/21
15:49
99728991305
01:35
13
OK
TX ECM
#394
04/21
16:13
99723047054
22
01
OK
TX ECM
#395
04/22
09:53
918668811200
23
02
OK
TX ECM
04/22
15:43
9725068270
03:52
10
OK
RX ECM
04/23
09:09
25
01
OK
RX ECM
04/23
09:46
23
01
OK
RX ECM
04/23
09:58
01:20
03
OK
RX
04/23
13:03
23
01
OK
RX ECM
04/23
14:11
19
01
OK
RX ECM
04/23
17:46
16
01
OK
RX ECM
#396
04/24
08:13
99723040203
19
02
OK
TX ECM
04/24
09:14
16
01
OK
RX ECM
04/24
09:38
23
01
OK
RX ECM
#397
04/24
14:27
918668811200
01:16
04
OK
TX ECM
04/27
10:43
35
01
OK
RX ECM
BUSY: BUSY /NO RESPONSE
NG POOR LINE CONDITION / OUT OF MEMORY
CV COVERPAGE
POL POLLING
RET RETRIEVAL
T H E • C 1 T Y • O F
P. O. Box 9478
255 Parkway Blvd
COFFELL
Coppell, TX 75019 5019
Phone: (972)304-3679
* Fax: (972) 304-3570
T � O
F 8 A S , 8 9
ENGINEERING DEPARTMENT
FAX COVER SHEET
To: Jalal Khorrami From: Keith Marvin
Fax: 972 - 899 -1305 Date: 4/21/2009
Phone: Pages: 13 (including cover sheet)
Re: CC:
❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ As Requested
-Comments:
Please see the attached Settlement Agreement. This is an agenda
item on Tuesday's city council meeting.
If you have questions please call Keith Marvin at 972 - 304 -3681.
IF YOUDO NOT RECEIVE ALL OF THE PAGES PLEASE CALL (972) 304 -3679
"City of Coppell Engineering — Excellence By Design"