Northlake Nursery-CS 981118 Coppell, Texas 75019
j The City With A Beautiful Future 972-462-0022
~ PO. BOX 478
COPPELL, TEXAS 75019
November 18, 1998
Joe Bob Fikes
Norttflake Nursery
794 S. Denton Tap Road
Coppell, TX 75019
RE: Grapevine Creek Ill Sanitary Sewer Project #SS94-02A
Dear Mr. Fikes:
Thank you for allowing us the oppommity to come onto your property to perform surveying on the actual
constructed location of the sanitary sewer that transverses your property. Our survey more closely reflects
numbers that you provided in your January 6, 1998 letter, as opposed to the numbers that were taken from
construction plans in the area. The green line on Exhibit C shows the existing location of the sewer line. The
actual linear distance from Point 1 (your southern property line) to Point 6 (your northern property line) is
760.73 feet. The actual land area of a 20 foot easement required to contain the sanitary sewer would be
15214.6 feet. Based on the actual location of the sanitary sewer line, I have tried to approach this more
uniquely than just simply requesting to purchase a 20 foot Sanitary Sewer Easement that contains the existing
sanitary sewer line. As can be seen on Exhibit C, the actual location of the sanitary sewer is closer in on
your property, thereby restricting utilization of portions of your property. In essence, the areas shown in red
on Exhibit C or where the sewer line was constructed west of the existing sanitary sewer easement, thereby
limiting your ability to utilize the land between the actual sewer line and the existing easement as dedicated
by deed in Volume 79074, Page 154. By the same token, there is also a section of the sanitary sewer line,
generally from Point 3 to Point 4, that was constructed further east of the existing sanitary sewer easement
thereby allowing you greater utilization of the land in this area. That area is shown in blue on Exhibit C.
The typical rule of thumb for value of an ,~asement is approximately 25 % of the value of the land. However,
because the sanitary sewer line was constructed outside of the existing easement at the time, it does restrict
your ability to fully utilize your land. Therefore, in lieu of actually purchasing a sanitary sewer easement I
am proposing to compensate you for the value of the loss of the useable land on your property. In exchange
for that compensation you would execute a new easement to the City of Coppell that would be a 20 foot wide
easement centered on the actual location of the existing sanitary sewer line. At such time as the property is
platted for redevelopment then the area shown in blue on Exhibit C would be abandoned allowing you full
utilization of that area.
Calcnlntions to arrive at this offer are as follows:
Point 1 to Point 2 to Point 3: encroachment of 2,447.77 square feet into your land outside of the existing
easement.
Point 4 to Point 5 to Point 6: encroachment of 6,874.99 square feet into your land outside of the existing
easement.
Total encroachment into your land outside the existing easement: 9,322.76 square feet (2447.77 +
6874.99).
Point 3 to Point 4: additional 3,131.11 square feet of available land for future development.
Total encroachment into your land by the construction of the sanitary sewer line outside of the easement:
6,191.65 square feet (9322.76 - 3131.11).
This is shown graphically on Exhibit C as the total of the red area minus the blue area.
Your January 6, 1998 letter indicated a value of the land at $5.50. Therefore, because of the impact of
constructing the sewer line outside of the easement and denying you the usage of 6,191.65 square feet, I am
proposing to offer you the land value price of $5.50 per square foot. That equates to a total offer of
$34,054.08 (6191.65 x 5.5).
Along with that offer the City of Coppell will abandon the 3,131.11 square feet shown in blue on Exhibit C
at such time as the land is platted for redevelopment, as that area is no longer needed for access to the
sanitary sewer line.
In exchange for the monetary offer and the future abandonment, you would agree to execute the attached
easement which provides the City of Coppell a legal easement 20 foot in width centered over the location
where the sanitary sewer currently exists. You would also agree not to litigate any issue surrounding the
construction of the existing sanitary sewer outside of the easement and any prior commitments to remove the
same.
If this offer is acceptable to you please sign below and return to me. Once I have received the letter, I will
start the process for payment of the $34,054.08. When the check has been processed we can arrange a
mutually agreeable time to meet to notarize the new easement document in exchange for the check. We
realize that this has been difficult to resolve but feel that this resolution is in the best interest of all involved.
If you should have any questions, please feel free to contact Ken Griffin or myself your convenience.
£tWlttIy' -
In Agreement
ty Manager
Joe Bob Fikes
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 One and no/100 Dollars ($1.00) and
other good and valuable consideration in hand paid by City of Coppell, Texas, receipt of whicl~,
is hereby acknowledged, does by these presents grant, bargain, sell and convey unto 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
"easement") for the purpose of constructing utility improvements across 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
premises (the "easement") for the purpose of making additions to, improvements on and repairs
to said utility improvements or any part thereof.
Said 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
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 easement to its original condition as nearly
as practical taking into consideration the nature of the work being performed. GRANTORS
reserve the right to use and maintain the surface of the 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 ,19
GRANTOR
STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on the day of
,19 , by
NOTARY PUBLIC, State of Texas
My Commission Expires:
(Type / Print Name of Notary)
STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was acknowledged before me on the day of
, 19 , by
NOTARY PUBLIC, State of Texas
My Commission Expires:
(Type / Print Name of Notary)
EXHIBIT 'A'
20' UTILITY EASEMENT
BEING a centerline description for a 20 feet width permanent easement across a 4.38 acre tract
of land in Dallas County, Texas situated in the MeKinney & Williams Survey, Abstract No.
1054, said tract conveyed to North Lake Nursery & Landscape Co. by Quit Claim Deeds
recorded in Volume 86109, Pages 0882-0884, 0894-0896, and 0909-0911, of the Dallas
County Deed Records, said centerline being more fully described as follows:
COMMENCING at the most southwesterly property corner of the aforementioned 4.38
acre tract, said point being and intersection point of the northerly line of the St. Louis and
Southwestern Railroad with the east right-of-way line of Denton Tap Road;
THENCE North 75057'00" East along said northerly line of the St. Louis and
Southwestern Railroad, a distance of 156.97 feet to the POINT OF BEGINNING;
THENCE North 12024'52" West departing from said northerly line of the St. Louis
and Southwestern Railroad, a distance of 90.70 feet to a point for corner;
THENCE North 39006'30" East a distance of 454.30 feet to a point for corner;
THENCE North 63056'47" West a distance of 154.08 feet to a point for corner;
THENCE North 01014'29" West a distance of 61.65 feet to a point in the northerly
property line of the aforementioned 4.38 acre tract, said permanent easement containing
15,214.5752 square feet or 0.35 acres of land more or less.
EXHIBIT
'-.." / / NEW EASEMENT BY PLAT
'"'-\ \/ / VOL. 88116 PO. 3069
~ ,- - ,-. I t,l".,, '~, ~.
"- '-' ~ \
/
\
ENCROACHMENT AREA=6,874.00 s.f.
RECLAIMABLE[~A--5,151.11 s.f. ~X~ ,
I
NORTH LAKE NURSERY
QUIT CLAIM DEEDS
VOL. 86109 PG. 0882-84
PG. 0894-96
PG. 0909-11
EN(~OACHMENT EXISTING EASE!~IE4q~ BY DEED
j AREA=2,44-7.77 s.f. VOL. 79074,~G. 154
/
./
J BEGINNING
· J 56-9'/' '.~ '~
-_