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ST9704-ES 990602 Coppell, Texas 75019 June 2, 1999 Allen Hinckley 12201 Merit Drive, Suite 170 Dallas, Texas 75251 RE: ROW Dedication/Sidewalk Easement Second access to High School Project # ST 97-04 Dear Mr. Hinckley: Based on Planning and Zoning/City Council action, staff has revised the documents necessary to bring about the dedication of the necessary right-of-way for the construction of the 2~ access road to the high school and the necessary easements to construct the sidewalk along the south side of that roadway. Staff is taking a change order to Council on the June 8, 1999 meeting and is seeking to proceed with this project as soon as the utilities have been cleared. Because of the tight working area, it is anticipated that the contractor will be utilizing a portion of your land for the staging area. There is also a surplus of dirt on this project and with your concurrence it is our contractor's desire to spread the dirt over your property in lieu of hauling off the excess dirt. Based on the development taking place, it appears as though this site would need some dirt once it is developed. If you have any objections to the dirt being spoiled on this property please let me know as soon as possible. If not, then the dirt will be spoiled on this site and any rutting of the site caused during the construction of the roadway will be repaired prior to acceptance of the project by the City of Coppell. Our goal is to have this roadway complete prior to the start of the school year, August 1999. To proceed with the project the necessary easements do need to be provided from your firm to the City of Coppell. I have also provided a copy of these easement documents to Bill Anderson and any help you can provide in executing the necessary signatures would be greatly appreciated. If you should have any questions please feel free to contact me at your convenience. Sincerely, Director of Engineering and Public Works file/st97-04/hnkly599 CITY OF COPPELL PERMANENT RIGHT OF WAY STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF DALLAS § THAT, ESTATE of JOE C. HINCKLEY~ et al, acting by and through the undersigned, their duly authorized representative, of the County of Dallas, State of Texas, for and in consideration of ONE DOLLAR, and other good and valuable considerations paid by the City of Coppell, a municipal corporation of Dallas County, Texas, receipt of which is hereby acknowledged, does hereby grant, bargain and convey to said City, its successors and assigns, a permanent right-of-way and the right to construct, reconstruct and perpetually maintain a public street and/or drainage facilities and utilities, together with all necessary appurtenances thereto, and with the right and privilege at any and all times, to enter said premises, or any part thereof, as is necessary to the proper use of any other right granted herein, and for the purpose of constructing, reconstructing and maintaining said public street and/or drainage facilities and utilities, and for making connections therewith, in, upon and across that certain tract or parcel of land in Dallas County, Texas, being described as follows: Exhibits "A" and "B" attached hereto and made a part hereof. TO HAVE AND TO HOLD the same unto the City of Coppell, its successors and assigns. EXECUTED this day of ,1999. ESTATE OF JOE C. Hinckley, et al GRANTOR STATE OF TEXAS § COUNTY OF DALLAS § This instrument was acknowledged before me on the day of ,1999, by NOTARY PUBLIC, State of Texas My Commission Expires: STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me on the day of , 1999, by NOTARY PUBLIC, State of Texas My Commission Expires: EXHIBIT 'A' RIGHT-OF-WAY DEDICATION BEING a strip of land situated in Tract 7 of the George W. Jack Survey, Abstract No. 694 in the City of Coppell, Dallas County, Texas and being part of the Joe C. and Glen A. Hinckley tract as recorded in Volume 73201, Page 1722 of the Deed Records of Dallas County, Texas and being more particularly described as follows: COMMENCING at an intersection of the west right-of-way line of Denton Tap Road with the south right-of-way line of a 6 foot wide right-of-way dedication by plat of the Sonic Addition, as recorded in Volume 94144, Page 2353, of the Deed Records of Dallas County, Texas, said point also being the most northeasterly corner of the aforementioned Tract 7 of the George W. Jack Survey, Abstract No. 694; THENCE North 45o48' 14" West along said south right-of-way line a distance of 21.08 feet to a point for corner; THENCE South 88o48'54" West continuing also said south right-of-way line a distance of 274.92 feet to the POINT OF BEGINNING; THENCE North 01011'06'' West a distance of 6.00 feet to a point for corner said point being in the south right-of-way line of a 24-foot access road dedicated as Lot 2, Block A, Coppell High School Addition, as recorded in Volume 92053, Page 2834 of the Deed Records of Dallas County, Texas; THENCE South 88o48'54'' West along said 24' (foot) access road a distance of 713.09 feet to a point for corner, said point being in the east property line of Lot 1, Block A, Coppell High School Addition; THENCE South 00°45'04'' East a distance of 5.13 feet passing through the southeast corner of Lot 1, Block A, Coppell High School Addition and continuing a distance of 8.87 feet for a total distance of 14.00 feet to a point for corner in the west property line of Tract 7 of the George W. Jack Survey, Abstract No. 694; THENCE North 88°48'54'' East leaving said west property line, a distance of 606.86 feet to the beginning of a curve to the left having a central angle of 08o18'47'' and a radius of 380.73 feet; THENCE along said curve a distance of 55.24 feet to the beginning a reverse curve having a central angle of 08018'47" and a radius of 380.73 feet; THENCE along said curve to the right a distance of 55.24 feet to a point for comer; THENCE South 88°48 '54" West a distance of 3.74 feet to the POINT OF BEGINNING and containing 9,573.47 square feet or 0.22 acres of land. RIGH T-OF- WAY DEDICA T/ON DENTON TAP ROAD N01'"'06 6, O' 3.74 ~.=08°18'47· R=380.73' L= 55.;:>4, T= ;::>7.67' ,',=08'18'47' '--, R=380.73' I i~ L= 55.::>4' T= ;>7.67' Z __1 HUNTININGTON RIDGE < VOL. 93093, PG. 1513 Ld ~ o ~ ~ JOE C. &: GL.ZN A. H~NCKLEY C' om VOL. 75201, PG. 1722 PROPOSED RIGHT-OF-WAY NORTH $CALr, S00'45'04'E COPPELL HIGH SCHOOL ADDITION 14.00' VOL. 92053, PC. 283~ UTILITY/SIDEWALK EASEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRF_~ENTS COUNTY OF DALLAS § THAT the term Grantor used herein shah be construed in the singular or plural number as such term respectively represents one or more than one person. THAT, ESTATE of JOE C. HINCKLEY, et al, 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 City of Coppe!l, Texas, receipt of which is hereby acknowledged, does by these presents grant, bargain, sell and convey unto City of Coppe!l, 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 utilities and/or sidewalk 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 utilities and/or sidewalk 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 utilities and/or sidewalk 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 utilities and/or sidewalk 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 Coppert, Texas, its successors or assigns for the purposes aforesaid, the premises above described. EXECUTED this day of ,1999. ESTATE of JOE C. HINCKLEY, et al GRANTOR STATE OF TEXAS § COUNTY OF DALLAS § This instrument was acknowledged before me on the day of , 1999, by NOTARY PUBLIC, State of Texas My Commission Expires: STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me on the day, of , 1999, by NOTARY PUBLIC, State of Texas My Commission Expires: EXHIBIT 'A' 10' UTILITY & SIDEWALK EASEMENT BEING a strip of land situated in Tract 7 of the George W. Jack Survey, Abstract No. 694 in the City of Coppell, Dallas County, Texas and being part of the Joe C. and Glen A. Hinckley tract as recorded in Volume 73201, Page 1722 of the Deed Records of Dallas County, Texas and being more particularly described as follows: COMMENCING at an intersection of the west right-of-way line of Denton Tap Road with the south right-of-way line of a 6 foot wide right-of-way dedication by plat of the Sortie Addition, as recorded in Volume 94144, Page 2353, of the Deed Records of Dallas County, Texas, said point also being the most northeasterly corner of the aforementioned Tract 7 of the George W. Jack Survey, Abstract No. 694; THENCE North 45o48' 14" West along said south right-of-way line a distance of 21.08 feet to a point for corner; THENCE South 88o48'54" West continuing also said south right-of-way line a distance of 274.92 feet to the POINT OF BEGINNING, said point being the beginning of a curve to the left having a central angle of 08°18'47" and a radius of 380.73 feet; THENCE along said curve a distance of 55.24 feet to the beginning a reverse curve having a central angle of 08°18'47'' and a radius of 380.73 feet; THENCE along said curve to the right a distance of 55.24 feet to a point for corner; THENCE South 88°45'54" West a distance of 606.86 feet to a point for corner in the west property line of the aforementioned Tract 7 of the George W. Jack Survey,. Abstract No. 694; THENCE South 00°45'04'' East along said west property line a distance of 10.00 feet to a point for corner; THENCE North 88°45'54" East leaving said west property line, a distance of 606.93 feet to the beginning of a curve to the left having a central angle of 08°18'47'' and a radius of 390.73 feet; THENCE along said curve a distance of 56.69 feet to the beginning of a reverse curve having a central angle of 07°39'52" and a radius of 374.93 feet; THENCE along said curve to the right a distance of 50.15 feet to a point for corner; THENCE North 01 °11 '06" West a distance of 9.98 feet to the POINT OF BEGINNING and containing 7,137.31 square feet or 0. 16 acres of land. 10' UtiLITY & SIDEWALK EASEMENT DENTON TAP ROAD N01°11'06 9.! ~=07°45'58 R=380.73' L= 51,60' R=374.93' T= 25.84' L= 50.15'  T= ;:>5.11' A:08°18'47' R=380,73' A=08'18'47' "' L= 55.;>4' R=390.73' T= L= 56.69' T= 88.40' HUNTININGTON RIDGE < VOL. 93093, PC. 151 3 Ld o r"u ~ JOE C ~ GLEN A, hiNCKLEY .-J c_:, ! VOL. 73201, PC. 1722 Z PROPOSED 10" UTIUTY &SIDEWALK EASEMENT t .NORTH SCALE:. S00'45'04'E: 10,00' COPPELL HIGH SCHOOL ADDITION VOL. 9205-3, PO- 2834- RELEASE OF ASSESSMENT LIEN DATE: 05/17/00 8188119 $13.00 CERTIFICATE OF SPECIAL ASSESSMENT: Dee~ Certificate Number 90-131, which, in consideration of the dedication of a permanent right of way and a permanent ten foot utility and sidewalk easement, has been cancelled and released, a copy of which is attached hereto as Exhibit "A" and made a part hereof for all purposes. Certificate Date: July 30, 1990 Holder of Certificate: City of Coppell, Texas P.O. Box 478 City of Coppell, Dallas County, Texas THE ASSESSMENT LIEN: On April 10, 1990, the City Council of the City of Coppell, Texas, adopted Coppell Assessment Ordinance No. 90-473, which was thereafter duly recorded in Volume 90097, page 3227 of the Deed Records of Dallas County, Texas. Said ordinance levied a special street assessment lien against a number of property owners having property adjacent to a portion of Denton Tap Road lying within the corporate limits of the City of Coppell, Texas. The assessment lien which is the subject of this release is that lien imposed by said ordinance against one of such property owners, to wit: Glen A. and Joe C. Hinckley. PROPERTY TO BE RELEASED FROM LIEN: Only that certain real property described as the property of Glen A. and Joe C. Hinckley, in said Ordinance No. 90-473, which said property is situated in Abst. 694 TR. 7 in the City of Coppell, Dallas County, Texas. The City of Coppell, holder of the certificate, acknowledges its consideration, cancellation and release. This instrument releases only the lien levied by the City of Coppell Ordinance No. 90-473 against the specific property listed therein as the property owned by Glen A. and Joe C. Hinckley, and none other. zsseO 9 7 0 14 4 I 8 RELEASE OF ASSESSMENT LIEN Page 2 EXECUTED this 9'7~' day of 14 ?~-,'] ,2000. CITY OF COPPELL, TEXAS AFFIDAVIT STATE OF TEXAS § COUNTY OF DALLAS § the d f This instrument was acknowledged before me on /,-'/~ ay o , 2000, by Jennifer Armstrong, Director of Finance of the City of Coppell, T , a municipal corporation of the State of Texas, on behalf of said municipal corporation. Notary Public, gtate of Tex% i~.~tl~;} /~dtNFINLEY /XFI~ of NotaryU7 " ' ES Printed Name -~'~"~""~ ...... ~' .... My commission expires: 2o~.~0 9 7 0 b b I 9 EXHIBIT "A" NUMBER AMOgMT 9 0 - 131 crry o~' CO~'ELL. TEXAS $ 4,2 8 0.0 0 CERTIFICATE OF SPECIAL ASSESSMENT FOR THE IMPROVEMENT OF DENTON TAP ROAD (NORTH & SOUTH) I~SUED TO THE CITY OF COPPELL, TEXAS THIS IS TO CERTIFY THAT: By virtue of an Ordinance of the City Council of Coppell, Texas, Ordinance No. 90-473, passed on April 10, 1990, there was levied an assessment in the sum of $ 4 , 2 8 0 , 0 0 Dollars, against the following described property situated in said City: G. W. Jack Survey ABST 694 TR 7 4.5 Acres front[rig 213.81 feet on the West side of the roadway assessed, to wit: Denton Tap Road (North & South) from Sandy Lake Road to Denton Creek end against G l e Fi & J 0 e H i i1 c k l e y , the owner of said property. THAT said assessment is payable to the City of Coppelt, or its assigns in eight (8) semi-annual installments as follows: In 8 successive and equal semi-annual installments of $ 6 3 5 , 7 0 each which include interest at the rate of eight per cent (8%) per annum from June 12, 1990, the date of acceptance of the improvement by the City Council, the first of which shall be due and payable on the 1 S t . day of F e b r' u a f y , 19 9 1 , and a like payment due on the same date of such successive installments until the total has been paid in full. This assessment may be paid in full on or before September 1, 1990, for $ 4, 2{B0,00 ; or a deduction of unearned interest will be made for full payment any time thereafter. Said installments are evidenced by the schedule hereon, payable to said City of Coppall, a municipal corporation, or its assigns, signed with the facsimile signatures of the proper officers of said City, and attested by its seal. Said owner has the right to pay any of said installments before maturity, with accrued interest. THAT said assessment was levied by virtue of said Ordinance, and other proceedings of said City, providing for payment by said owner of his pro rata of the cost of improving said roadway. THAT by said Ordinance, said assessment with costs of collection and reasonable attorneys' fees, if incurred, is declared to be a first paramount lien upon said premises (except as to lawful and ad valorera taxes), and a personal liability of the owner payable to said City of Coppall, Texas, or its assigns, in installments and with interest as above set forth. That in accordance with said Ordinance, it is hereby declared that if default shall be made in the payment of any installment of principal or interest thereon when due, then at the option of said City of Coppall, or other legal holder hereof, this certificate shall at once mature without notice and the full amount of principal hereof shall be collectible with accrued interest and reasonable attorneys' fees, and costs of collection, if incurred. THAT al[ proceedings with reference to making such improvement have been regularly had in compliance with the taw, the Charter of said City, and the terms of this certificate, and that ell prerequisites, to the fixing of the lien and claims of personal liability evidenced by this certificate have been performed. That said improvement has been completed by said City of Coppall and accepted by the City Council of said City on june 12, 1990. THAT the sums evidenced hereby shall be paid to the Assessor and Collector of Taxes of said City, as they severally become due, who shall issue his receipt therefor, which shall be evidence of such payment on any demand for same, and when the full amount due hereon has been paid, said City of Coppell or other legal holder hereof, shall surrender this certificate to the owner of said premises and upon presentation thereof to the said ASsessor and Collector of Taxes, he shall issue his receipt in full of said assessment. SAID Assessor and Collector of Taxes shall credit said payments upon this certificate and shall immediately deposit sums paid hereon with the Director of Finance of the City of Coppall; the deposit shall be the authority of said City Finance Director to make such payments to the City of Coppell, or other legal holder. THAT upon default in payment of any installment of principal or interest hereon, and the maturity of this certificate, it is made the duty of the Assessor and Collector of Taxes aforesaid on request of the legal holder of this certificate to advertise and sell said premises for the purpose of realizing any amount then due hereon with interest and costs, said sale to be made in the manner provided by law for the sale of property for collection of taxes or any legal holder hereof, may bring suit for the enforcement of this certificate in any court having jurisdiction; but the City of Coppell shall in no wise be liable to the holder of said certificate in any manner for payment of the amount evidenced thereon. Done this C.L"'~ttA.P~z.. .~)i/? ~)(:~ pursuant to Ordinance of the City Council of the City of Coppelt, Texas. CITY OF COPPELL Mayor ATTEST: C i t~B'en.,r-e, taf~y z; ' 3S7 "-. ~ 7,,, ~ ~,~ n f ."~37~Z '  described real property because Of color Or race t$ inva,,~l antl unenforceable under federal law, ~ ~ ~' "~ ~ ...... STATE OF TEXAS COUNTY OF DALLAS I hereby certi~ this instrument was filed on the date and time hereon by me, NAI~ 1~' ZOO(] COUNIT CLERK, Dallas County, Texas o