Minyard-AG 870811 .... , ...... CITY OF COPPELL
-' CITY COUNCII. AGENDAREO~E_t' c~_
!. AGENDA DATE REQUESTED: Auqust 11, 1987
~ ~ .' r Consider approval of the acceptance
II. ~_CO.~.END_D ITEM CAPTION:
of a drainage easement for right-of-way dedication with
Ninyards Properties, conditions relating thereto and
authorizing the Mayor to sign.
i!I. RECOS?IEXD, ATIO)~ OF PLANNING & ,.ONI.,G CO,~?~ISSION:
IV. STAFF REPRESEXTAT!VE(S) TO ATTEND COUNCIL MEETING:
'Wayne Ginn, Consulting Engineer
V. _RECO.V~:ENDED TO BE DISCUSSED AT PRE-COUNCII. BRIEFING: Yes No
VI. SUPPORT 5[ATERIAI.: SUBMITTED Yes No
VII. DATE SUBMITTED TO CITY ATTORNEY'S OFFICE FOR PREPARATION OF ANY LEGAL
DOCI~:ENT, ORDINANCE, RESOI.UTION, ETC.
VIII. FINANCIAl. REVIEW: SOURCE OF FUNDING:
BUDGETED ITEM BOND FUNDS
NON BIq)GETED ITEM OPERATING BUDGET
ORIGINAL ESTIMATE OR BUDGET g OTHER:
CURRENT ESTI.~L~TE: $ ACCT. NO.
AMOI~T UNDER OR OVER BUDGET $
IX. SUBMITTED BY Alan D. Ratliff, City Manaqer
x. A PROVAL or CITY ' XAGER'S OFFICE:
ITEY. }
AGNDARQSTFORM
':~!TS
GINN. INC. CONSULTING ENGINEERS
August 5, 1987
Mr. Alan D. Ratliff hu~
City Manager '.'.
City of Coppell, Texas
Post Office Box 478
Coppell, Texas 75019
Re: Minyard Agreement
Drainage Easement
Dear Mr. Ratliff:
Attached is a draft of the agreement between Coppell and Minyard
Food Stores.
Mr. Minyard has agreed to dedicate a drainage easement subject to
his Board approval in consideration for the following:
1. No future assessments for improvements to Bethel Road -
Provided Minyard applies for a plant expansion permit before
two years after the award of a contract for Bethel Road
improvements.
2. Minyard will pay for the two 60 inch pipes (or equivalents)
to be extended from Freeport to their driveway. City will
repay Minyard over five years at floating prime (Preliminary
estimate is $68,000). First payment to be within one year
from the time Minyard takes out construction permit for
plant expansion.
3. Landscape plan to be agreed upon - City will pay for
restoring landscape - not to exceed $10,000.
4. Excess dirt to be placed on Minyard properties.
5. city will improve drainage at Freeport to handle stormwater
when Bethel Road/Freeport intersection is constructed.
6. Above subject to approval by Minyard Food Stores Board.
17103 Preston Road · Suite 100 · kB 118 · Dallas. Texas 75248 · Phone 214..'248-4900
Mr. Alan Ratliff
August 5, 1987
Page 2
Mr. Bob Minyard has been very helpful and cooperative in reaching
this agreement.
We recommend acceptance of the agreement as presented.
Sincerely,
H. Wayne Ginn, P.E.
/jc
cc: Mayor and city Council
Frank Trando, Finance Director
EASEMENT DEDICATION
MINYARD PROPERTIES
STATE OF TEXAS
COUNTY OF DALLAS
This agreement (hereinafter referred to as "Minyard Food
Stores Drainage Easement") is between the City of Coppell, Texas,
an incorporated home rule city, situated in Dallas County, Texas
(hereinafter "Coppell") and Minyard Food Stores, a Texas
corporation (hereinafter "Minyard"), and is effective as of the
llth day of August, 1987.
RECITALS:
WHEREAS, Coppell, in cooperation with Minyard and in
compliance with State law, the City Charter and City Ordinances,
desires to obtain an easement for the purposes of constructing a
drainage channel across Minyard properties; and,
WHEREAS, Minyard has agreed to grant such easement in
consideration of the following:
1. Coppell will not levy road improvement assessments against
Minyard for the improvements anticipated along Bethel Road
provided that Minyard will apply for a permit for plant
expansion before two years after the award of a contract for
the improvements to Bethel Road.
2. Minyard will pay for two additional sixty (60) inch pipes
(or equivalent) from Freeport, westerly, a distance of
approximately 177 feet to their driveway. This cost is
estimated to be $68,000.00. Coppell will repay Minyard for
the installation of these pipes over a five-year period at
an interest rate of floating prime. The first payment to be
within one year from the time Minyard takes out construction
permit for plant expansion.
3. Coppell will agree with Minyard on a landscape plan along
the channel and will pay for such cost of landscaping, an
amount not to exceed $10,000.00.
4. Coppell agrees to have the excess dirt which is removed from
the channel placed on designated areas of Minyard property.
5. Coppell agrees to improve the drainage facilities at
Freeport to such an extent as to accommodate a Q50 at such
time as Bethel Road is improved.
6. The obligations contained in this Agreement are contingent
upon approval by Minyard.
7. This agreement shall be governed and construed in accordance
with the laws of the State of Texas and the obligations of
the parties are and shall be performable in Dallas County,
Texas.
IN WITNESS WHEREOF the parties hereto have executed this
Agreement effective as of the day, month, and year first
hereinabove written.
CITY OF COPPELL
By:
Lou Duggan, Mayor
ATTESTED:
City Secretary
APPROVED AS TO FORM:
City Attorney
MINYARD FOOD STORES
By:
Bob Minyard
GINN, INC. CONSULTING ENGINEERS
August 6, 1987
Mr. Bob Minyard .--.
Minyard Food Stores ~ \','.~
Dallas, Texas ' '~.
Dear Mr. Minyard:
Thanks for your help in granting the easement and reaching this
agreement.
Attached is a copy of the material to be presented to the council
Tuesday, August 11, 1987. The city manager and I will work with
you on item 2 (payback) if that wording is unsatisfactory.
May I borrow your colored display map for Tuesday's council
meeting? Will return it Wednesday.
Thanks again.
Sincerely,
H. Wayne Ginn, P.E.
HWG/j c
Attachments
cc: Alan Ratliff, City Manager
City of Coppell