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CRDC 1401-CS150610
CITY OF COPPELL PAYMENT AUTHORIZATION MEMO Vendor#: Pay to: Oaklawn Village Square, Ltd. Address: PO Box 797943 Dallas, TX75379 ty mp oyees -r1ease put in your department name a ove Charge to: 39-00-62-5120 Fund -Department -Division -Expense Code If more than one, please use bottom section Total Amount: Description/ Explanation: $13,560.00 Date: 6/10/15 Approved for payment by: Invoice No. For the purchase of an electrical and utility easement. Approval: Signature Please use the space below for additional account numbers and amounts Amount Account Number $13,560.00 T H E • C 1 T Y O F COPPELL S. June 5, 2015 Don Robinson Oaklawn Village Square Ltd Po Box 797943 Dallas, Texas 753797943 RE: Intersection Improvements— Tract E CRDC 14-01— Denton Tap & Sandy Lake Electric and Utility Easement Offer Letter/Letter of Pei -mission Dear Mr. Robinson: '171c 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, btuial of overhead power and utility lines as well as providing pedestrian enhancements. In order bury the power and utility lines, it is necessary to acquire an easement along the cast side of your property labeled on the attached exhibit. Per staff conversations and email correspondence we have revised the easement language to reflect your and our desires. .According to the Dallas Central Appraisal District, the land is currently valued at $12.00 per square foot. The area needed as easement is 2260 square feet. Typically, the City of Coppell values easements at % the value of the land_ Therefore, the City of Coppell is offering $13,560.00 for the 2260 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 $6.00 per square foot multiplied by 2260 sf for a total of $13,560.00 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 sigh 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. 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 h FAMILY C.uh1,1UV17y 5.03 A LICEIINIr 2ffi8 PARKWAY * RO, BOX 047B * COPPE:LL TX 75019 * ILL 972/4412 0022 * WWW.40PPGLLTX.0OV 2 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, cnnet I M. diffin, P. E. Director of Engincering/Publie Works Office 972/304-3686 Fax 972/304-7041 kgri ttincUpel l tx. goy Enclosures Oaklati s Mtge Square Ltd C r> t V V t- t NOTICE OF CONFIDENTIALITY RIGHTS: If you are a natural person, you may remove or strike any or all of the following information from any instrument that transfers an interest in real property before it is filed for record in the public records: your Social Security number or your driver's license number. UNDERGROUND PUBLIC (UTILITY EASEMENT Date: June , 2015 Grantor: OAKLAWN VILLAGE SQUARE LTD., a Texas limited partnership MAPLE AVENUE ANTIQUE MALL INC., General Partner Grantor's Address: City: CITY OF COPPELL, TEXAS, a Texas home -rule municipal corporation situated in the counties of Dallas and Denton. City's Address: 255 Parkway Coppell, Texas 75019 Easement Tract: All that parcel of land situated in Dallas County, Texas, described in attached Exhibit A. Easement Duration: Perpetual Easement Purpose: To install, construct, operate, use, maintain, repair, modify, upgrade, monitor, inspect, replace, make connections with, remove, and decommission the Facilities. Facilities: Electric distribution and transmission lines, low pressure - service natural gas lines, potable water lines, wastewater lines, drainage conveyance structures, telecommunications lines, and cable lines with all associated underground appurtenances and having a cross-sectional alignment of the separate utilities as generally depicted in the attached Exhibit B. Other than any drainage conveyance structures, the Facilities shall be totally located underground. PUE Form — Public Utility Easement Pg 1 of 3 TM 71905 Permitted Encumbrances: Any easements, liens, encumbrances, and other matters not subordinated to the Easement Tract and of record in the Real Property Records of the Texas county in which the Easement tract is located that are valid, existing, and affect the Easement Tract as of the Date. Non -Permitted Activity: Installation, construction, operation, use, maintenance, repair, modification, upgrade, and replacement of any above ground structure, building, retaining wall, detention or water quality control, rainwater harvesting system, tree, or shrub in the Easement Tract, .. Repairable Improvements: Irrigation systems which are installed in the ground above or to the side of the Facilities, asphalt or concrete walkways, driveways, parking areas, and access roads at grade level, and barbed-wire, chain-link, or wooden fences ; to the extent same exist as of the date of execution of this instrument. Grantor, for TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration paid to Grantor, the receipt and sufficiency of which is acknowledged by Grantor, GRANTS, SELLS, AND CONVEYS to the City a non-exclusive easement in, over, under, on, and across the Easement Tract for the Easement Purpose as may be necessary or desirable subject to the Permitted Encumbrances, together with (i) the right of ingress and egress at all times over, on, and across the Easement Tract for use of the Easement Tract for the Easement Purpose, and (ii) the right to eliminate any encroachments in the Easement Tract that interfere in any material way or are inconsistent with the rights granted the City under this instrument for the Easement Purpose as determined by the City in its reasonable discretion, including without limitation the City's right to cut and trim trees and shrubbery and to remove any other obstructions as necessary to keep the obstructions clear of the Facilities (collectively, the "Easement"). TO HAVE AND TO HOLD the Easement to the City for the Easement Duration and Easement Purpose; provided, however, Grantor reserves the right to enter upon and use any portion of the Easement Tract, but in no event shall Grantor enter upon or use any portion of the Easement Tract for any Non -Permitted Activity or in any other manner that interferes in any material way or is inconsistent with the rights granted the City under this Easement for the Easement Purpose as determined by City in its reasonable discretion. City shall be obligated to restore or replace to a good and functioning condition as determined by the City in its reasonable discretion only the Repairable Improvements which have been removed, relocated, altered, damaged, or destroyed as a result of City's use of the Easement Tract. Grantor binds Grantor and Grantor's heirs, successors, and assigns to WARRANT AND FOREVER DEFEND the title to the Easement, subject to the Permitted Encumbrances, to the City against every person whomsoever lawfully claiming or to claim the Easement Tract or any part of the Easement Tract when the claim is by, through, or under Grantor, but not otherwise. PUE Form — Public Utility Easement Pg 2 of 3 TM 71905 Except where the context otherwise requires, Grantor includes Grantor's heirs and successors,; and where the context requires, singular nouns and pronouns include the plural. EXECUTED effective the date first above stated. Lo Title: THE STATE OF TEXAS § COUNTY OF DALLAS § BEFORE ME, THE UNDERSIGNED AUTHORITY, on this day personally appeared Of a , known to me through valid identification to be the person whose name is subscribed to the preceding instrument and acknowledged to me that the person executed the instrument in the person's official capacity for the purposes and consideration expressed in the instrument. [SEAL] GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of , 20_. Notary Public, State of Texas PUE Form — Public Utility Easement Pg 3 of 3 TM 71905 NOTES. <t 1 ;,,: 1) Bearings of lines shown hereon refer to Grid North of the Texas I Coordinate System of 1903 (North Central Zone; NAD83(2011) Epoch 5 C 2010) as derived locally from Western Data Systems Continuously I Operating Reference Stations (CORS) vin Real Time Kinematic (RTI() D. R. C. T. methods. An average Combination Factor or 1.0001454981 was used to z scale grid coordinates and distances to surface. LOT 1, BLK. A 2) Additional easements may exist and not be shown. M.P. MCDONALD'S AOD'N. VOL. 87233, PG. 2925 3) Integral parts or this survey: P. R. 0. C. T. a. Legal Description I — — b. Sketch — — — — — \ I I I I I SCALE 1"=50' — — �— — — — V FND. CUT LOT 3, BLK. A IN CONC, ARBOR MANORS INST. #20080314835 P.R.O.C.T. I LOT 3, BLK. A I ARBOR MANORS INST. #20080292484 I P.R.D.C.T. 112 -IRON ROD LOT 16, — FND WITH CAP BLK. A STAMPED DAA" \ 1/2" IRF i stjR k i 0 LOT 17, BLK. A / C R Q 1 I`,`i` Ra ARBOR MANORS rt;; : INST. //20080314835 g D A NI:> P.R.D.C.T.A $ �• 15' ELEC. & U.E. A 2,260 S.F. LOT 18, BLK. A ARBOR MANORS INST #20080314835 AR.D.C.T. — — I LOT 19, BLK. A ARBOR MANORS I INST. #20080314835 P.R.O.C.T. "PRELIMINARY -THIS DOCUMENT SHALL NOT BE RECORDED FOR ANY PURPOSE" THERON W. SIMS, R.P.L.S. TEXAS REGISTRATION NO. 5887 DATE: CBC PROPERTY HOLDINGS, LP, <t 1 ;,,: z a Texas limited partnership 5 C INST f2OI1OO25JO42 D. :Eis!' I H D. R. C. T. z — Jr" FND. cur I — — IN CONC. — — — — — JO' FIRELANE, UTILITY & I MUTUAL ACCESS ESM'T. VOL. 89121, PG. 2082 P.R.D.C.T. I i LOT 4, BLK. A ARBOR MANORS INST. #20080292484 P.R.D.C.T. "PRELIMINARY - THIS DOCUMENT SHALL NOT BE RECORDED FOR ANY PURPOSE" EXHIBIT "B" 15' ELECTRIC & UTILITY EASEMENT Situated in the Edward A. Crow Survey, Abstract No. 301, City of Coppell, Dallas County, Texas. . teague nail & perkins 1100 Macon Street np Fort Worth, Texas 76102 817.336.5773 ph 817.332.7756lix JOB No. CPL 14141 ,,wwJnpinc.corn If Registration No. 100116-00 SHEET _ OF _ L:\PROJECTS\CPL14141\cod\survey\Easements\2,260 SF. 15' flet & UE — CPL 14141.dwg 4/612016 Commercial Account Details Commercial Account #65030135010160100 L Home I Find Property I Contact Us Location Owner Legal Desc Value Improvements Land Exemptions Estimated Taxes Building Footprint History Address: 135 S DENTON TAP RD Market Area: 0 Mapsco: IA -S (DALLAS) DCAD Property Map View Photo 2014 Appraisal Notice Electronic Documents (ENS) Print Homestead Exemption Form YAE-;c-)o! Maps OAKLAWN VILLAGE SQUARE LTD %D ROBINSON PO BOX 797943 DALLAS, TEXAS 753797943 FOAI<LAWN —h Owner Name I Ownership VILLAGE SQUARE LTD I 100% 1: EDWARD A CROW ABST 301 PG 350 2: TR 16.1 ACS 0.7001 3: 4: INT201400293280 DD11142014 CO -DC 5: 0301350101601 1CO03013501 Deed Transfer Date: 11/17/2014 2014 Certified Values Improvement: Land: Market Value: $309,270 +$365,950 =$675,220 Revaluation Year: 2014 _ Previous Revaluation Year:= IF10712 hitp:/MMwdaliascad.org/AcclDelailCom.aspx?ID=65030135010160100 114 4/6/2015 Commercial Account Details sqft ) Net Lease Area : 2,968 sqft # Stories: 1 # Units: 0 Basement (Area): NONE Heat: CENTRAL HEAT A/C: CENTRAL A/C Quality: GOOD Condition: GOOD http:/Am&w.dalloscad.org/AcolDetailComaspx?ID=65030135010160100 2/4 4/612015 Commercial Account Details # State Code Zoning Frontageil Depth Area I Pricing Unit Market Adjusted Ag I (ft) I (ft) Method Price Adjustment Price Land 1 COMMERCIAL IMPROVEMENTS COMMERCIAL 0 0 30,496.0000 SQUARE FEET STANDARD $12.00 0% $365,952 N * All Exemption information reflects 2014 Certified Values. * No Exemptions County and School special 17cit School College Hospital P Equalization ^ District --.. c - Taxing [!I PPELLDALLAS CO COMMUNITY PARKLAND UNASSIGNEDCOPPELL DALLAS COUNTY COLLEGE HOJurisdiction SD Tax $100 per =$0.60649 $1.449 - $0.2531 $0.124775 $0.286 N/A Taxable Value $675,220 $675,220 $675,220 $675,220 $675,220 $0 Estimated Taxes $4,095.14 $9,783.94 $1,708.98 $842.51 $1,931.13 N/A Tax Ceiling N/A N/A Total Estimated Taxes $18,361.70 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 wish to calculate taxes yourself, you may use the TaxEstimalor to assist you. F--38 14 f41 I 20 14 PAAIN 76 42 38 History hllp:/A m.dallascad.org/AcclDelallCan.aspx7ID=65030135010160100 314 4/6/2015 Commercial Account Details © 2015 Dallas Central Appraisal District. All Rights Reserved. hltp:/Ammvdallasced.org/AcclDelailCornaspx?ID=65030135010160100 4/4 THIS STATIC OF TEXAS LANDOWNER'S BILL OF RIGHTS PREPARED BYTHE OFFICE OF THE ATTORNEY GENERAL OF TEXAS STATE OF TEXAS LANDOWNER'S BILL OF RRGH°I S 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 be taken for a public use. 3. Yourpropertycan onlybe takenbya 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 be taken by a governmental entity or private entity that is authorized by law 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 property's 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 tatting 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 snakes 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 ION IF ROCIEIEDINGS 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 tC®MMISSION ERS' IH[IEA ING 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 anew 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. SPECIAL tC®MMI SSION ERS' AIVA D 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 maybe 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 court's registry. You have the right to withdraw funds that are deposited into the registry of the court. OBJ ECTRON TO TINE SPECIAL cC®MMISSRON ERS' AQI,ARD 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 NATION ACTIION 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. RECllaAM.A'1 ION OPTIONS If private property was 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 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