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CRDC 14-01 CS150526T H E • C 1 T Y • O F COPPE LL o X A s 1 a 9 May 26, 2015 Michael Hershman Eagle Braewood L P Ste 1575 Lb 29 5430 Lbj Fwy Ste 1575 Dallas, Texas 752402641 RE: Intersection Improvements — Tract D CRDC 14-01 — Denton Tap & Sandy Lake Electric and Utility Easement Offer Letter/Letter of Permission Dear Mr. Hershman: The City of Coppell is in the process of finalizing the design for the installation of intersection improvements at Denton Tap and Sandy Lake. This project will consist of installation of northbound free right turn lane, westbound free right turn lane, extension of southbound right turn lane, burial of overhead power and utility lines as well as providing pedestrian enhancements. In order bury the power lines, it is necessary to acquire an easement along the northwest corner of your property labeled on the attached exhibit. I am including a page from the design plans that shows your lot and the encroachment onto your property that requires the easement dedication. According to the Dallas Central Appraisal District, the land is currently valued at $8.00 per square foot. The area needed as easement is approximately 1288 square feet. Typically the City of Coppell values easements at 1/2 the value of the land. Therefore, the City of Coppell is offering $5,152.00 for the 1288 square feet of easement. This letter constitutes an offer from the City of Coppell for the acquisition of Electric and Utility Easement as follows: Acquisition of Electric and Utility Easement at $4.00/sf x 1288 sf = $5,152.00 Construction is anticipated to begin during the summer of 2015, and the city needs to acquire the easement as soon as possible. If the above offer is acceptable, please sign below and return the signed letter to this office. Once the letter is received, the final easement documents will be drafted and process of payment can begin. A FAMILY COMMUNITY FOR A LIFETIME 255 PARKWAY * P.O. BOX 9478 * COPPELL TX 75019 * TEL 972/462 0022 * WWW.COPPELLTX.GOV Enclosed with this Offer Letter/Letter of Permission are the easement documents. The city respectfully requests your execution of this document. When the easements are drafted and the check is ready, we can arrange a mutually agreeable method to exchange the documents and the check. Your consideration of this matter is appreciated and if you have any questions, please contact George Marshall at 972-304-3562 or me. Sincerely, IK--, 1-6 - Kenneth M. Griffin, P.E. Director of Engineering/Public Works Office 972/304-3686 Fax 972/304-7041 kgriffin@coppelltx.gov Enclosures Eagle Braewood L.P. ELECTRIC & UTILITY EASEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF DALLAS § THAT the term Grantor used herein shall be construed in the singular or plural number as such term respectively represents one or more than one person. THAT, , known herein as GRANTOR, in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration in hand paid by the City of Coppell, Texas, receipt of which is hereby acknowledged, does by these presents grant, bargain, sell and convey unto the City of Coppell, Texas, ("GRANTEE"), the free and uninterrupted use, liberty and privilege of passage in, along, upon and across the following described property owned by GRANTOR (the "Electric & Utility Easement") for the purpose of constructing utility improvements on GRANTOR'S main tract with the right and privilege at all times, of the GRANTEE herein, its agents, employees, workmen and representatives having ingress, egress, and regress in, along, upon and across said Electric & Utility Easement for the purpose of making additions to, improvements on and repairs to said utility improvements or any part thereof. Said Electric & Utility Easement being described in Exhibits "A" and "B" attached hereto and made a part hereof for all purposes. That in consideration of the benefits above set out, GRANTEE will remove from the Electric & Utility Easement, such fences, buildings and other obstructions as may be found upon said property. After construction of the utility improvements has been completed, GRANTEE shall, except for removed obstructions, return the surface area of the Electric & Utility Easement to its original condition as nearly as practical taking into consideration the nature of the work being performed. GRANTOR reserve the right to use and maintain the surface of the Electric & Utility Easement for purposes which will not interfere with GRANTEE'S rights hereby granted and agree that upon completion of the utility improvements and restoration of the surface, GRANTEE shall not be obligated for future maintenance and upkeep of the surface area. TO HAVE AND TO HOLD unto the City of Coppell, Texas, its successors or assigns for the purposes aforesaid, the premises above described. EXECUTED this day of GRANTOR , 20 STATE OF TEXAS COUNTY OF DALLAS This instrument was acknowledged before me on the day of , 20, by My Commission Expires: Notary Public, State of Texas Type / Print Name of Notary STATE OF TEXAS § COUNTY OF DALLAS § This instrument was acknowledged before me on the day of 520 , by a My Commission Expires: of , corporation, on behalf of said corporation. Notary Public, State of Texas Type / Print Name of Notary I I I ro YZN~ I J¢OLj m�00 I vioN1� I z I I 2M 2 O C.i O Q7j a� W ai U Q E z w A � I RN I g U mC 00 J Q 2 NOTES: 1) Bearings of lines shown hereon refer to Grid North of the Texas Coordinate System of 1983 (North Central Zone; NAD83(2011) Epoch 2010) as derived locally from Western Data Systems Continuously Operating Reference Stations (CORS) via Real Time Kinematic (RTK) methods. An average Combination Factor of 1.0001454981 was used to scale grid coordinates and distances to surface. 2) Additional easements may exist and not be shown. 3) Integral parts of this survey: a. Legal Description b. Sketch "PRELIMINARY -THIS DOCUMENT 0 0 LOT 3, BLK. A TOWNOAKS CENTRE VOL. 84248, PG. 5137 P.R.D.C.T. FND. CUT IN CONC. 1/2" IRF WITH CAP STAMPED SURVEYING ASSOC." I LOT 4, BLK. A TOWNOAKS CENTRE VOL. 84248, PG. 5137 P. R. D. C. T. I UTILITY ESM7. 1,288 S.F. BRAEWOOD CENTRE VOL. 84241, PG. 1666 P.R.D.C.T. EAGLE—BRAEWOOD, L.P. VOL. 93157, PG. 167 D.R.D.C.T. BRAEWOOD DRIVE SHALL N T BE MEC RDED FOR "PRELIMINARY - ANY PURPOSE" THERON W. SIMS, R.P.L.S. THIS DOCUMENT TEXAS REGISTRATION NO. 5887 SHALL NOT BE DATE: RECORDED FOR ANY PURPOSE" SCALE 1"=50' EXHIBIT "B" ELECTRIC & UTILITY EASEMENT Being a portion of Braewood Centre, an addition to the City of Coppell, Dallas County, Texas, according to the plat filed in Volume 84241, Page 1666, Plat Records of Dallas County, Texas. . teague nail & perkins I100Fort Wo Macon Street rt tn FoWorth, Texas 76102 817.336.5773 ph 817.332.7756 fx JOB No. CPL 14141 P"..finpinc.com / Registration No. 100116-00 SHEET _ OF _ L:\PRGlEC7S\CPL14141\cad\survey\Easements\1,288 SF. E7ec k U.E., — Braewood Centre — CPL 14141.dwg 4/6/2015 Commercial Account Details L Home I Find Property I Contact Us Commercial Account #18000150000010000 Location Owner Legal Desc Value Improvements Land Exemptions Estimated Taxes Building Footprint History Address: 150 S DENTON TAP RD Market Area: 0 Mapsco: 1A -W (DALLAS) DCAD Property Map View Photo 2014 Appraisal Notice Electronic Documents (ENS) Print Homestead Exemption Form Y&1400! Maps EAGLE BRAEWOOD L P STE 1575 LB 29 5430 LBJ FWY STE 1575 DALLAS, TEXAS 752402641 Owner Name Owwnership EAGLE BRAEWOOD L P I _ 100% 1: BRAEWOOD CENTRE 2: TR 1 3.231 AC 3: 4: VOL93157/0167 EX010193 CO -DALLAS 5: 0001500000100 11800015000 Deed Transfer Date: 8/12/1993 2014 Certified Values Improvement: $2,455,860 Land: + $1,125,940 Market Value: =$3,581,8_00_ Tax Agent: STRATEGIC PROPERTY TAX ADVISORS Revaluation Year: 2014 Previous Revaluation Year: 712013 http:/Aw6w.dallascad.org/AcctDetailComaspx?ID=18000160000010000 1/4 4/6/2015 Foundation (Area): PIERS (29,648 sqft ) Net Lease Area : 35,818 sqft # Stories: 1 # Units: 0 Basement (Area): NONE Heat: CENTRAL HEAT A/C: CENTRAL A/C Commercial Account Details External: + 0% Total: = 11% Quality: EXCELLENT Condition: GOOD #❑ Desc: BANK IlTotal Area: 3,394 sqft Year Built: 1986 Construction Depreciation Appraisal Method C -MASONRY, Physical: 30% INCOME Construction: BLOCK, TILT- Functional: + 0% WALL External: + 0% Foundation (Area): CONCRETE SLAB Total: = 30% 2 (3,394 sqft ) Quality: EXCELLENT Net Lease Area : 0 sqft Condition: GOOD # Stories: 1 # Units: 0 Basement (Area): UNASSIGNED Heat: CENTRAL HEAT A/C: CENTRAL A/C http,/Am %v.dallascad.org/AcctDetalICom.aspx?lD=18000150000010000 2/4 4/6!2015 Commercial Account Details Land (2014 Ceitified a1_�la4s ) # State Code Zoning Frontage Depth Area Pricing Unit Market Adjusted Ag ISD DALLAS COUNTY COLLEGE HOSPITAL (ft) (ft) $1.449 Method Price Adjustment Price Land 1 COMMERCIAL IMPROVEMENTS COMMERCIAL 0 0 140,742.0000 SQUARE FEET STANDARD $8.00 0% $1,125,936 N * All Exemption information reflects 2014 Certified Values. * Exemptions „- -�ified Values) No Exemptions (01.4 Certified Values) City School County and School Equalization College Hospital i iDistrict Special Taxing COPPELL DALLAS CO COMMUNITY PARKLAND COPPELL Jurisdiction ISD DALLAS COUNTY COLLEGE HOSPITAL UNASSIGNED Tax Rate per $0.60649 $100 $1.449 $0.2531 T$0.124775 $0.286 N/A Taxable Valuel $3,581,800 $3,581,800 $3,581,800 $3,581,800 $3,581,800 $0 Estimated $21,723.26 $51,900.28 $9,065.54 Taxes $4,469.19 $10,243.95 N/A Tax Ceiling N/A N/A Total Estimated Taxes: $97,402.22 DO NOT PAY TAXES BASED ON THESE ESTIMATED TAXES. You will receive an official tax bill from the appropriate agency when they are prepared. Taxes are collected by the agency sending you the official tax bill. To see a listing of agencies that collect taxes for your property. Click Here The estimated taxes are provided as a courtesy and should not be relied upon in making financial or other decisions. The Dallas Central Appraisal District (DCAD) does not control the tax rate nor the amount of the taxes, as that is the responsibility of each Taxing Jurisdiction. Questions about your taxes should be directed to the appropriate taxing jurisdiction. We cannot assist you in these matters. These tax estimates are calculated by using the most current certified taxable value multiplied by the most current tax rate. It does not take into account other special or unique tax scenarios. If you Wsh to calculate taxes yourself, you may use the TaxEstimator to assist you. 365 39 92 92 41 PolAIP4303 19 i9 — 40 65 L4 70-1 2 History http:/Mnm v.dallascad.org/AcctDetailComaspx?ID=18000150000010000 3/4 4/6/2015 Conymcial Account Details © 2015 Dallas Central Appraisal District. All Rights Resented. http:/Am&w.dallascad.org/AcctDetailComaspx?ID=18000150000010000 4/4 "I@I II. '"IVA� LANDOWNER'S BILL OF RIGHTS PREPARED BY THE OFFICE OF THE ATTORNEY GENERAL OF TEXAS STATE OF TEXAS LANDOWNER'S BILL OF RIGHTS H TS This Landowner's Bill of Rights applies to any attempt by the government or a private entity to take your property. The contents of this Bill of Rights are prescribed by the Texas Legislature in Texas Government Code Sec. 402.031 and Chapter 21 of the Texas Property Code. 1. You are entitled to receive adequate compensation if your property is taken for a public use. 2. Your property can only betaken for a public use. 3. Yourproperty can onlybe taken by a governmental entity or private entity authorized by law to do so. 4. The entity that wants to take your property must notify you that it wants to take your property. 5. The entity proposing to take your property must provide you with a written appraisal from a certified appraiser detailing the adequate compensation you are owed for your property. 6. The entity proposing to take your property must make a bona fide offer to buy the property before it files a lawsuit to condemn the property — which means the condemning entity must make a good faith offer that conforms with Chapter 21 of the Texas Property Code. 7. You may hire an appraiser or other professional to CONDEMNATION PROCEDURE determine the value of your property or to assist you in any condemnation proceeding. 8. You may hire an attorney to negotiate with the condemning entity and to represent you in any legal proceedings involving the condemnation. 9. Before your property is condemned, you are entitled to a hearing before a court appointed panel that includes three special commissioners. The special commissioners must determine the amount of compensation the condemning entity owes for the taking of your property. The commissioners must also determine what compensation, if any, you are entitled to receive for any reduction in value of your remaining property. 10. If you are unsatisfied with the compensation awarded by the special commissioners, or if you question whether the taking of your property was proper, you have the right to a trial by a judge or jury. If you are dissatisfied with the trial courts judgment, you may appeal that decision. Eminent domain is the legal authority that certain entities are granted that allows those entities to take private property for a public use. Private property can include land and certain improvements that are on that property. Private property may only betaken by a governmental entity or private entity that is authorized bylaw to do so. Your property may be taken only for a public purpose. That means it can only be taken for a purpose or use that serves the general public. Texas law prohibits condemnation authorities from taking your property to enhance tax revenues or foster economic development. Your property cannot be taken without adequate compensation. Adequate compensation includes the market value of the property being taken. It may also include certain damages if your remaining propertys market value is diminished by the acquisition itself or by the way the condemning entity will use the property. HOW THE TAKING PROCESS BEGINS The taking of private property by eminent domain must follow certain procedures. First, the entity that wants to condemn your property must provide you a copy of this Landowner's Bill of Rights before - or at the same time - the entity first represents to you that it possesses eminent domain authority. Second, if it has not been previously provided, the condemning entity must send this Landowner's Bill of Rights to the last known address of the person who is listed as the property owner on the most recent tax roll. This requirement stipulates that the Landowner's Bill of Rights must be provided to the property owner at least seven days before the entity makes a final offer to acquire the property. Third, the condemning entity must make a bona fide offer to purchase the property. The requirements for a bona fide offer are contained in Chapter 21 of the Texas Property Code. At the time a purchase offer is made, the condemning entity must disclose any appraisal reports it produced or acquired that relate specifically to the property and were prepared in the ten years preceding the date of the purchase offer. You have the right to discuss the offer with others and to either accept or reject the offer made by the condemning entity. CONDEMNATION PROCEEDINGS If you and the condemning entity do not agree on the value of your property, the entity may begin condemnation proceedings. Condemnation is the legal process that eligible entities utilize to take private property. It begins with a condemning entity filing a claim for your property in court. If you live in a county where part of the property being condemned is located, the claim must be filed in that county. Otherwise, the condemnation claim can be filed in any county where at least part of the property being condemned is located. The claim must describe the property being condemned, state with specificity the public use, state the name of the landowner, state that the landowner and the condemning entity were unable to agree on the value of the property, state that the condemning entity provided the landowner with the Landowner's Bill of Rights, and state that the condemning entity made a bona fide offer to acquire the property from the property owner voluntarily. SPECIAL CIIAL cCOMMIISSIIONI RS' HEARIING After the condemning entity files a condemnation claim in court, the judge will appoint three local landowners to serve as special commissioners. The judge will give you a reasonable period to strike one of the special commissioners. If a commissioner is struck, the judge will appoint a replacement. These special commissioners must live in the county where the condemnation proceeding is filed, and they must take an oath to assess the amount of adequate compensation fairly, impartially, and according to the law. The special commissioners are not legally authorized to decide whether the condemnation is necessary or if the public use is proper. Their role is limited to assessing adequate compensation for you. After being appointed, the special commissioners must schedule a hearing at the earliest practical time and place. The special commissioners are also required to give you written notice of the condemnation hearing. You are required to provide the condemning entity any appraisal reports that were used to determine your claim about adequate compensation for the condemned property. Under a new law enacted in 2011, landowners' appraisal reports must be provided to the condemning entity either ten days after the landowner receives the report or three business days before the special commissioners' hearing - whichever is earlier. You may hire an appraiser or real estate professional to help you determine the value of your private property. Additionally, you can hire an attorney to represent you during condemnation proceedings. At the condemnation hearing, the special commissioners will consider your evidence on the value of your condemned property, the damages to remaining property, any value added to the remaining property as a result of the condemnation, and the condemning entity's proposed use of your condemned property. After hearing evidence from all interested parties, the special commissioners will determine the amount of money that you should be awarded to adequately compensate you for your property. The special commissioners' decision is significant to you not only because it determines the amount that qualifies as adequate compensation, but also because it impacts who pays for the cost of the condemnation proceedings. Under the Texas Property Code, if the special commissioners' award is less than or equal to the amount the condemning entity offered to pay before the proceedings began, then you may be financially responsible for the cost of the condemnation proceedings. However, if the special commissioners' award is more than the condemning entity offered to pay before the proceedings began, then the condemning entity will be responsible for the costs associated with the proceedings. The special commissioners are required to provide the court that appointed them a written decision. That decision is called the `Award." The Award must be filed with the court and the court must send written notice of the Award to all parties. After the Award is filed, the condemning entity may take possession of the property being condemned, even if either party appeals the Award of the special commissioners. To take possession of the property, the condemning entity must either pay the amount of the Award or deposit the amount of the Award into the courts registry. You have the right to withdraw funds that are deposited into the registry of the court. OBJECTION TO THE SPECIAL COMMISSIONERS'AIVARD_ If either the landowner or the condemning entity is dissatisfied with the amount of the Award, either party can formally object to the Award. In order to successfully make this valuation objection, it must be filed in writing with the court. If neither party timely objects to the special commissioners' Award, the court will adopt the Award as the final judgment of the court. If a party timely objects to the special commissioners' Award, the court will hear the case in the same manner that other civil cases are heard. Landowners who object to the Award and ask the court to hear the matter have the right to a trial and can elect whether to have the case decided by a judge or jury. The allocation of any trial costs is decided in the same manner that costs are allocated with the special commissioners' Award. After trial, either party may appeal any judgment entered by the court. DISMISSAL OF THE CONDEMNATION ACTION A condemning entity may file a motion to dismiss the condemnation proceeding if it decides it no longer needs your condemned property. If the court grants the motion to dismiss, the case is over and you are entitled to recover reasonable and necessary fees for attorneys, appraisers, photographers, and for other expenses incurred to the date of the hearing on the motion to dismiss. If you wish to challenge the condemning entity's authority to take your property, you can lodge that challenge by filing a motion to dismiss the condemnation proceeding. Such a motion to dismiss would allege that the condemning entity did not have the right to condemn your property. For example, a landowner could challenge the condemning entity's claim that it seeks to take the property for a public use. If the court grants the landowner's motion, the court may award the landowner reasonable and necessary fees for attorneys, appraisers, photographers, and for other expenses incurred to the date of the hearing or judgment. RELOCATION COSTS If you are displaced from your residence or place of business, you may be entitled to reimbursement for reasonable expenses incurred while moving personal property from the residence or relocating the business to a new site. However, during condemnation proceedings, reimbursement for relocation costs may not be available if those costs are separately recoverable under another law. Texas law limits the total amount of available relocation costs to the market value of the property being moved. Further, the law provides that moving costs are limited to the amount that a move would cost if it were within 50 miles. RECLAMATION OPTIONS If private propertywas condemned by a governmental entity, and the public use for which the property was acquired is canceled before that property is used for that public purpose, no actual progress is made toward the public use within ten years or the property becomes unnecessary for public use within ten years, landowners may have the right to repurchase the property for the price paid to the owner by the entity at the time the entity acquired the property through eminent domain. DISCLAIMER ER The information in this statement is intended to be a summary of the applicable portions of Texas state law as required by HB 1495, enacted by the 80th Texas Legislature, Regular Session. This statement is not legal advice and is not a substitute for legal counsel. ADDITIONAL RESOURCES Further information regarding the procedures, timelines and requirements outlined in this document can be found in Chapter 21 of the Texas Property Code. REV 03/12