ST9902-ES0912022010) Keith Marvin -Sandy Lake Project Page 1
From: Joy Phillips <JPhillips @fflawoffice.com>
To: "'kgriffin @ci.coppell.tx.us "' <kgriffin @ci.coppell.tx.us >, "'kmarvin @ci....
CC: 'Alex Pier' <alexpier @quality - fabrication.com>
Date: 12/2/2009 10:53 AM
Subject: Sandy Lake Project
Attachments: H BDOCS- #515369- v1 -Ltr to_ Griffin_ and_ Marvin _re_Sandy_Lake_Road_Project. PDF
Ken and Keith:
hope you both had a wonderful Thanksgiving holiday.
Attached please find the revised proposal based on our discussions during our November 10th meeting
Please review and let me know how we will proceed next. Please note the dates Alex will be out of town
Thank you.
Joy
Joy H. Phillips
Joy H. Phillips I Attorney
Friedman & Feiger, LLP 1 5301 Spring Valley Road, Suite 200, Dallas, Texas 75254
Tel: 972 - 788 -1400 1 Direct Dial: 972 - 450 -7366 1 Fax :972- 776 -5313 1
j phi I I i ps@fflawoffice. com < mai Ito cwomack@fflawoffice. com > I
http
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JOY H. PHI LLIPS, PARTNER
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i Phillipsna,ffl awoffice.com
December 2, 2009
VIA EMAIL — kgri�ci.coppell.tx.us
Mr. Ken Griffin, P.E.
255 Parkway Blvd.
P.O. Box 9478
Coppell, Texas 75019 -9478
VIA EMAIL — kmarvin ,ci.coppell.tx.us
Mr. Keith R. Marvin, P.E.
255 Parkway Blvd.
P.O. Box 9478
Coppell, Texas 75019 -9478
RE: Sandy Lake Road Project, City of Coppell, Texas; .494 acre permanent right -of -way
(the "Property") affecting 101 Cottonwood Drive, Coppell, Texas (the "Lot's.
Dear Ken and Keith:
Thank you both for taking the time out of your day to meet with Alex Pier and me on November 10,
2009, regarding the Sandy Lake Road Project. This letter is a follow -up to our meeting. Based on our
discussions during the meeting, the Piers request the following from the City of Coppell (the "City') in
connection with the sale of the Property:
1. The City agrees to pay the Piers $88,441.61 in U.S. funds for the Property.
2. The City agrees to pay for all closing costs associated with the transaction.
3. The City agrees to pay for and relocate, if necessary, utility service (water lines, etc) located on or
under the surface of the Property and/or Lot in connection with the widening of Sandy Lake Road
(subject to the requirements and approval of the Coppell Municipal Utility District No 1 per
Volume 75142, Page 1361, Deed Records, Dallas County, Texas.
4. The City agrees to pay for and relocate, if necessary, electric lines and/or poles located on or under
the Property and/or the Lot and to reconnect service.
5. The City agrees to pay to the Piers a tree allowance for replacement trees for removal of the four
(4) trees on the Pier's Property, such tree allowance to be mutually agreed upon by the parties.
5301 SPRING VALLEY RD. SUITE 200 1 DALLAS. TEXAS 75254 0 972.788.1400 F 972.788.2667 WWW.FFLAWOFFICE_COM
Mr. Ken Griffin, P.E.
Mr. Keith R. Marvin, P.E.
December 2, 2009
Page 2
6. The City agrees, at its expense, to relocate and/or replace the metal fencing on the current property
line to the new Property line (or reasonably close thereto as requested by the Piers) in as good
condition and quality as the then current fence or better to the complete satisfaction of the Piers.
The location of the reinstalled fence shall be mutually agreed upon between the parties; same shall
be completed within 30 days of any portion of said fence being moved or torn down by the City.
The City shall prepare a site plan diagram regarding the new fence location to be mutually agreed
to by the parties.
7. The City agrees that the Piers shall retain the oil, gas, and mineral interests rights under the
surface of the Property being conveyed.
8. The City intends to close, or do away with, the current gravel access to the Property. Upon request
of Mr. and Mrs. Pier, the City agrees to replace the gravel access with a new paved access to the
Property, at the City's expense, subject to the City's requirements for the new access area, at a
mutually agreed to location. The new access area shall ben as good condition and quality as the
road being constructed/upgraded, or better. /V iA ``•'
9. The City represents to the Piers that any alteration of the flood plain shall not affect the Property
and that the current drainage directional flow of the Property shall not be affected or altered as a
direct or indirect result of the construction.
10. The City agrees to indemnify the Piers for damages resulting from the construction, including
violations of the HOA restrictive covenants, Volume 81082, Page 0139, Deed Records, Dallas
County, Texas.
Please provide us with the City's cost estimate for the tree allowance for Alex's approval. Further, the
final agreement should provide that: all items described above shall inure to the benefit of the Piers and their
respective heirs, legal representatives, successors and assigns; any request for staging on the Pier's property
shall be by separate lease agreement at a fee and term mutually agreed upon by the Piers and the contractor
requesting same; the agreement shall be in recordable form.
Please let me know if you have any questions or comments regarding the above. Also, please provide
us with a time from for drawing up the agreement documenting the items listed above. I recall your preference
was to close on this matter by the end of the year. Alex will be out of the country from Dec 17' through Jan O h .
If we cannot close by December 15` we can close as soon s he returns in January. I look forward to hearing
from you.
Yours very truly,
Jr lips, Esq.
Enclosure
cc: Mr. and Mrs. Alex Pier (via e-mail)