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ST8402-CS 881005GINN, INC. October 5, 1988 CONSULTING ENGINEERS Mr. Glen nckley 12201~it Drive, suite 170 Dallas TX 75251 Re: Denton Tap Construction Easement 7 1988 Dear Mr. Hinckley: Reference is made to our letter dated August 25, 1988 and subsequent meetings regarding the temporary construction easement along Denton Tap Road. We offer the following in addition to our letter. It appears that the high school platted a 24' wide strip from the high school property to Denton Tap Road (referred to as Mills Lane). It also appears that this strip is not dedicated as public R.O.W. Mr. Jerry Parche (ABQ Engineers) is sending us the boundary verification survey that establishes the south boundary /of ABQ property (north boundary of 24' Mills Lane). Upon receipt, we will survey the 24' strip to its intersection with Denton Tap Road. Thi~~ill establish where the median opening will be located. We~~_will have the contractor conStruct_q~he median opening cent~l~~U-~-n the existing 24~ Mii±s Lane. This will accomplish the immediate need regarding the temporary construction easement. ~~Jerry Parche is going to discuss the dedication of R.O.W. with ~.~ ABQ. After they have had time to consider it, we will suggest a W~"' ~-~eeting with you, Dr. Stanfield, ABQ, and the other property ~ners to resolve any potential conflicts. If the entire R.O.W. is unobtainable at th~ time of platting your property, we recognize that it may be necessary to construct one half of a street to serve the high school and adjoining properties until such time as the property on the north of Mills Lane is platted and the a'dditional R.O.W. secured. We know of no reason not to support a request for a variance if r~uired. Paragraph 6 - Based on further discussion, the current subdivision ordinances showing 50 feet in Figure 2 as the "A" dimension would prevail. Add Paragraph 10 - Fence. The fence is to be relocated prior to the completion of the project to the future R.O.W. line. We appreciate your willingness to allow the city to relocate the fence and grant the'temporary construction easement. 17103 Prcston Road · Suitc I00 * I,B 118 ® Dallas, Texas 75248 · l'ho,~c 214/248-4900 It is our understanding that this fulfills your request and that the temporary construction easement as granted is in effect. Thank you for your cooperation in this matter. Sincerer, H. Wayne Ginn, P.E. cc: Alan D. Ratliff Russell Doyle John Karlsruher File 379 GINN, INC. August 25, 1988 CONSIII,TI N(; I, NGINEI'51IS Mr. Glen A. Hinckley 12201 Merit Dr., Suite 170 Dallas, Texas 75251 Re: Denton Tap Road Improvements from Sandy Lake Road to Denton Creek, Coppell, Texas (J-379/260). Dear Mr. Hinckley: This letter is in response to the letter co-authored by yourself and Mr. Joe C. Hinckley, dated June 30, 1988, which transmitted the Temporary construction and Drainage Easements required for the ~onstruc~ion of the abovementioned road improvements along the ~ront of your property. Upon review of your letter, copy attached hereto, ~e find that we cannot agree completely with, nor do we have the authority to arant ~h~ cOhditions imposed b_~__ your letter. We will attempt to 6ommunicate our understanding of the discussiOns of the two previous meetings referenced in your letter on a point by point basis as follows: 1. The 70 foot wide median opening at Mills Lane is already of the project and is centered on the existing a part roadway. While our notes show no mention of a specific R.O.W. width for Mills Lane, we must point out that both the Comprehensive Plan and the Subdivision Ordinance of the City of Coppell specify that the minimum R.O.W. .--width for a 37 foot wide collector street shall be 60 feet. We do not have the authority to agr~ee to a 50 foot R.O.~. width and sugges~ that you 9ddress this--~ the time that your property is platted. ~A/~9~T~/~ Our minutes of the June 1, 1988 meeting indicate that yoU were' told that the left turn lanes that you are requesting can be built as a part of the Denton Tap Road Improvements project only if you agree to pay for them up front and the City Council approves addition of these items to the project via change order. 2~ A storm sewer lateral stubout has been provided in front ~/of your property which will handle the storm water ~ ~~ runoff from your property. From th~ aerial topographic ~//~,/~ maps we currently have. of the area, it ~ppea~ ~a~.yo~r ~ property in its current undeveloped sta~e will ~raln ~o ~ the Storm sewer stubout provided. 17103 I',c.',l~m Road "' Hr,ilo I00 ~' 1.1{ I I,q '~ I)all;u,. I'cx;t:, 752'1,q ® I'lnmc ?.l,I/2,1,";-d'.)()() 0 The minutes of our June 1, 1988 meeting indicate the following: "Mike Allen asked if the City would consider a 10 foot utility easement along the west side of Denton Tap Road versus the dedication of 10 feet of future Right-Of-Way? I replied that since the properties along the west side of the road would have to extend both water and sewer lines south from the Parkway Blvd. area up t~~&~~ ..of~--th~.road to serve their properties, th~ City may~ <~onside~ the dedication of the necessar~ ~&~~s at the time of platting in lieu of R.O.W. We need the temporary construction easements now .in order to work the slopes behind the proposed curb back to the existing ground in cut and fill areas." As discussed in the foregoing, the decision to allow the dedication of the necessary utility easement in lieu of additional permanent R.O.W. will be made by the City of Coppell~at the tim~ of plattinq the Dro~. We do not have the authority to approve your stipulations (or grant a variance) regarding this on behalf of the City · of Coppell. For the record we have no objection to an easement in lieu of dedicated R.O.W. We have considered this item and found that it is neither practical nor desirable to narrow the median width to 7 feet in order to save existing trees along the frontage of your property. In order to do so would require redesign of the project and delay the construction which is already in progress, resulting in a roadway with a lower vehicle volume carrying capacity and reduced safety to the traveling public. We do not have the authority to agree to the construction of one half of Mills Lane on behalf of the City of COppell. This is something that you will need to discuss with the City of Coppell at the time of platting your property. Please recognize that the current City policy and the Subdivision Ordinance do not allow half streets. We do not fully understand your request to establish a minimum distance of 125 feet between the Mills Lane intersection and any curb cuts on the adjacent properties. By this request are you requesting a variance from the Subdivision Ordinance for your property? Please clarify your request in this particular matter. Provisions for water and sanitary sewer service will be the responsibility of the property owner. At the time of platting the developer must extend the existing water and sewer mains to and across his property via the abovementioned utility easements or additional R.O.W. as required in the Subdivision Ordinance. It is anticipated that as properties develop along the west side of Denton Tap Road, in the vicinity of your property, both water and sanitary sewer will have to be extended south from the Parkway Blvd. area. It appears that we can accommodate your wishes concerning the 5:1 slopes, but we cannot .cause a concrete drive approach to be constructed where there currently exists no drive. If however, there should be an existing driveway at the time of paving, a driveway approach would be constructed to serve it. We have no objection to your wishes regarding that no trees be cut or removed from your property without your prior approval, based on the existing R.O.W. as it has been found to exist by our surveyor. We do not anticipate that any trees beyond the 10' construction easement will be affected. We feel that the above accurately represents the discussions held in the two meetings we have had with you concerning this project. If you disagree, or you feel that we have misunderstood you in any way, please call me. We will hold on to the executed easements pending a reply from you. Please respond as soon as possible, since construction is underway and your property and the Century Savings property immediately north of Mills Lane are the only properties for which the easements have not been secured for this project. Sincerely, · -1/,':~/. - ../2:. .......... : Attachments cc: Alan D. Ratliff John C. Karlsruher, P. E. ,1()1,'. C. II INCKI,I,;Y "1 () [) ~[ ( ~OIIIIlll:~ I~ (.'1" ALII; -y 1988 (.;i,,n, Inc'. Con:;ll.II irt~_l I,;rlgi. rie(,r.'; '1'/ I().~ I'r(~:;I.()n It()ad, :.hi i I.('. I I')aJ I;l:;, 'l'c,x;l:; '/'.~:Z,,'i[~ I')(~nl()n 'l',ll:, I~(),l(.i I',~Vill(j 'l'f,llll)Ol',ll'y (h.m:;I i;ll('l ioll I';;l:;f~lllf'ril :; 'l'lle Cil. y (.)1 C~)I~I)~.~I.I, 'l'(:~x~l,'; I~a:; I'~:qii~;:;l(~d I:lu; (~x('~'[ll. iorl e('l:l.a.iri 'l't'lni'.:)l:;iry C()n:;I.l'ucl ion I,:;):;('lllr;lll. I.)(~(I.i('nl ion:; ii,.'(T{':;:;;ll-y lOC I I),; I',avil~,! ~lrl(J ('C)I~:;I I'IICTJ ion ¢.,1 I.)(~nl c.)ri I,[()~l¢l, LI J(.)ll(J ~iil(J in J'l-()lll. 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Ilaa.? ,';1'1(..I- '(' :~(~(~1 Ioll ill ',i i:e.lu~:l ,ifil i:,l'(~pei'l:y (.)~/li(.'.l" Io ll()i'l.ll ol Mi.ll:~ I,;lla(~ (l(ll.,;i liol i~lrl i('.il,,.al'e iii Mi ll:~ I,;lli(-' (l~) '1'11(' Illillillllllll (]i:;I.~lll('(t I()i' (.'111'1) ('ltl:; Il'om ~,1 N i I I:; I:;lll(' ~lli(.J I)l,lll ()1'1 'l',il~ I.~(')n(t ,,,/r)ll I~1 I ?.~: I C~(:'l . ('/) I'l'(.:)V i:; i()n:; I),~ Ill;1¢1(' I (:)1" ;l(`'('l':;:; ¢)l w;ll ('r :;ll()al J (J y()ll Il;IV(' ;lily ~lll(,:;I J (HI.'~, ()1' Ill'~.'(J irll()l'lll,II loll, I,l(-',a:;e (j~ I1()1 ll4.:;jl,ll(' I() (',ill. a(l~l i I i(,la;! I (; I{~la A. II i ll('k I,'y BILLY RUSSELL ttOUSTOIV, e! ux. N B glO. OO,_ _°4 7 /52"E~ DELMAR THEATRE coRP, GLEN A. 8-. dOE C. HINCKL E Y VOL. 7.~20/, PG. 1722 I0.00' "~ WILLIAM BOORHEM 178+04 0 176-hSW 5'0' M DOUGLAS ADKINS, TR US TEE, CITY OF COPPELL DALLAS COUNTY, TEXAS TEMPORARY CONSTRUCTION GLEN A. 8~ JOE C. H INCKLEY EASEMENT sco~e: ¢':50' GINN, INC., Consulting Engineers, DoIla~, Texas Exhibil - A Date: I-2_7-88 TEMPORARY CONSTRUCTION EASEMENT DEDICATION THE STATE OF TEXAS COUNTY OF DALLAS CITY OF COPPELL KNOW ALL MEN BY THESE PRESENTS, SEE EXHIBIT A TO HAVE AND TO HOLD the above described temporary construction easement and all rights unto the said city of Coppel~, Texas, its su=cessors and assigns, during the construction of t~% Denton Tap Road Improvements. AND Granto~ does hereby bind %~}~-"~lf, t~1~,,~ ..... heirs and legal representatives, to warrant and defend all 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 , 1988. THE STATE OF TEXAS COUNTY OF DALLAS GRANTOR: 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 and 'same for the purposes and consideration therein expressed. /%GIVEN under my hand and seal of office on this ,5 ~/? day No~r~Public in and for ~ .}~.{[~; County ' GINN, INC., Consulting Engineers, Dallas, Texas GLEN A. ~ dOE C. HINCKLEY VOL. 75201 PG. 1722 176 DEN TON TAP ROAD 17'6+50 '1 177 ' DENTON TAP ROAD 17 7+B O 178 CITY OF COPPELL. DAJ_LAS COUNTY, TEXAS DRAII~~E ~MENT GLEN A. 8~ JOE C. HINCKLEY Exhibi! - A sco~,: ~"=2o' GINN Dallas Texas EASEMENT THE STATE OF TEXAS COUNTY OF DALLAS CITY OF COPPELL DEDICATION KNOW ALL MEN BY THESE PRESENTS: THAT the undersigned, Glen A. And Joe C. ,Hinckley, 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 Coppell, Texas, hereinafter called "Grantee", a drainage easement for the purpose of construe'ting and maintaining a storm sewer drainage inlet in, over, and across Grantor's land situated in the G.W. Jack Survey, Abstract No.- 694, Dallas County, Texas, as recorded in Vol. 73201, Pg. 1722, of the Deed Records of Dallas County, Texas, and being more particularly described as follows: SEE EXHIBIT In addition, it is expressly understood and agreed that upon completion of the construction of the storm sewer drainage inlet, the Grantee will restore the condition of the property to substantially the condition that the property existed at the start of the construction. The Grantee agrees to indemnify and hold Grantor 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 all rights unto tile said City of Coppell, Texas, its successors and assigns, forever. AND Grantor does hereby bind'~flU/a se[f,"tfl~'b heirs and legal representa- tives, to warrant and forever defend all and singular and above described perpetual easement and all right unto said Grantee, its successors and assign's, aEainst every person whomsoever lawfully claiminE or to claim the same or any part thereo[. - EXECUTED this day of , 1988. THE STATE OF TEXAS CRAN'rOR: ! ,-, ? COUNTY OF DALLAS BEFORE NE, the undersigned authority, on thls day personally appeared , Icnow~ to me to be the person whose name Is subscribed to the foreKoln§ i. nstrument, and acknowledged to me that he executed aM same for the purposes and consideration therein expressed. GIVEN under my hand and seal of office on tht,(~']l' day of -N¥~ry.pug~ic tn and for GINN, INC., Consulting Engineers, Delles, TeXes