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SC-Coppell HS-AG 890425 (2)
DEADLINE: ,~,: ! / 20/88 . AGENDA REQUEST FORM FOR CITY COUNCIL MEETING: April 25I 1989 : AGNDAREQ. 016 5:00~p.m. Monday - 8 Days Preceding~ty Council Meeting II, ITEM CAPTION : Consideration of approval of pro-rate drainaae Independent School District, a pro-rate charge agianst future deve~op~n~ of a portion of ABO Developm-nt Carp. pra_~_rty p,~r.~,~n~ tO an agreement between the CISD and ABQ. III. ACTION RECOMMENDED IV. REP. IN ATTENDANCE A: STAFF - Frank Trando, Deputy City M.anaaer/ Finance Director Larry Jackson, City Attorney Ve NOTIFICATION TO METHOD OF CONTACT : DATE : VI. FINANCIAL REVIEW : 1. BUDGETED ITEM 2. BUDGET AMOUNT 3. ESTIMATED AMOUNT FOR TRIS ITEM 4. AMOUNT OVER.OR UNDER BUDGET 5. LOW BIDDER RECOMMENDED SOURCE OF FUNDING CO'S OR BONDS FUNDS (Series or year authorized) OPERATING BUDGET (Account Number) OTHER : YES : NO AGENDA~QUEST FORM DMEMOI : YES NO AppROVED BY CITY MANAGER : ITEM NUMBER April 14, 1989 Memorandum To: Via: From: Subject: Mayor & Council Alan D. Ratliff, City Manager Frank Trando, Deputy City Manager/Finance Director Ordinance for Collection of a Pro-rata Drainage for the Coppell Independent School District This ordinance was approved by the Council on February 14, 1989, however, there was a segment spelled out in paragraph 9 of the Joint Use Agreement which was left out of the ordinance . The paragraph specifies that" the ordinance should state on the face that it is subordinate to any and all liens, encumbrances, conveyances or other matters of title now or hereafter arising on ABQ's property". The statement has now been included on page 2, under Section I, in the very last sentence, which reads; "Provided however, the provisions of this ordinance shall be subordinate to any and all liens, encumbrances, or other matter of title now or hereafter arising on ABQ's property". Basically this item-is a housecleaning matter but it does need to be ratified by the Council. FT/lr AN ORDINAIqCE O1~ THE CITY O1~' COPPELL, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, PROVIDING FOR THE COLLECTION OF PRO-RATA COSTS FROM AN AFFECTED PROPERTY PURSUANT TO AN AGREEMENT BETWEEN COPPELL INDEPENDENT SCHOOL DISTRICT AND ABQ DEVELOPMENT CORPORATION; PROVIDING THAT THE AMOUNT COLLECTED SHALL BE AN AMOUNT OF MONEY EQUAL TO THE REIMBURSEMENT DUE COPPELL INDEPENDENT SCHOOL DISTRICT FOR CONSTRUCTION OF STREETS, UTILITIES OR DRAINAGE STRUCTURES ADJACENT TO THE AFFECTED PROPERTY OWNED BY ABQ; DESCRIBING THE AFFECTED PROPERTY; PROVIDING FOR REIMBURSEMENT AS SUCH PRO-RATA PAYMENTS ARE COLLECTED; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the COPPELL INDEPENDENT SCHOOL DISTRICT ("CISD") AND ABQ DEVELOPMENT CORPORATION ("ABQ") have entered into an agreement (,,the agreement"), a copy of which is attached hereto as Exhibit "1" and made a part hereof for all purposes; and WHEREAS, pursuant to said agreement, AB(~ has by final plat approval dedicated to the public's use and benefit a right-of-way across the property of AB(~ for a proposed road ("the Access Road") and the utilities required therewith from the eastern boundary of CISD to proposed Parkway Boulevard and from proposed Parkway Boulevard to Denton Tap Road; and WHEREAS, pursuant to the agreement, CISD is to cause the roadway and utility improvements to be constructed and to pay the cost of those improvements listed on Exhibit "B" of the agreement; and WHEREAS, pursuant to the agreement, ABQ has agreed to place restrictive covenants on those parts of its property described as the ,,Affected Property" in said agreement and shown on Exhibit "Ch attached to said agreement. Such restrictive covenants to cause the developer of the Affected Property to reimburse CISD, at the time the final plat of the Affected Property (or any part thereof) is approved by the City of Coppell, The reimbursement to be the amount of money equal to such developer's pro-rata share based on the area of the Affected Property so platted by the developer and in accordance with the percent of costs as set out in paragraph 3 of the agreement; and WHEREAS, CISD and ABQ have requested the City of Coppell to adopt an ordinance by which the City of Coppell would be empowered to collect, as a condition of final plat approval of an ,,Affected Property" the amount of money equal to the reimbursement due CISD under the agreement for CISD's construction of the streets, utilities, or drainage structures adjacent to the Affected Property; and WHEREAS, the City Council of the City of Coppell is of the opinion that such a pro-rata ordinance, should be adopted; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. Upon final completion, dedication, and acceptance by the City of Coppell of the improvements to be constructed by CISD pursuant to the agreement, the actual cost thereof shall be determined and the pro-rata reimbursement shall be calculated in accordance with the percentages set out in paragraph 9 of the agreement. Thereafter, the City shall charge and collect from each developer of the Affected Property at the time the final plat of the Affected Property (or any part thereof) is approved by the City of Coppell, an amount of money equal to such developer's pro-rata share (based on the area of the Affected Property so platted by the developer and in accordance with the percent of costs as set out in paragraph 3 of the agreement. Provided, however, the provisions of this ordinance shall be subordinate to any and all liens, encumbrances, or other matters of title now or hereafter arising on ABQ's property. SECTION 2. City shall deposit all funds so collected by it in an account designated as the "CISD/AB(~ Account," and each three (3) months shall pay to said~CISD the accumulated funds so collected, less an administration fee of %, and shall continue to do so until the City shall have collected and paid to CISD as reimbursement the total actual cost of construction due CISD pursuant to the terms of the agreement less said administrative charge. SECTION 3. This ordinance repeals Ordinance No. the day of . 1989. SECTION 4. , heretofore adopted on This ordinance shall take effect immediately from and after its adoption, as the law in such cases provides. DULY PASSED by the City Council of the City of Coppell, Texas, this the day of , 1989. APPROVED: MAYOR ATTEST: APPROVED AS TO FORM: CO89-0407AA CITY SECRETARY JOINT IMPROVEMENT AGREEMENT STATE OF TEXAS COUNTY OF DALLAS KNOW ALL MEN BY THESE PRESENTS: This Joint Improvement Agreement is by and between the Coppell Independent School District (hereinafter referred to as "CISD") of Dallas County, Texas, and ABQ Development Corporation (hereinafter referred to as "ABQ"), a New Mexic° corporation with its headquarters located in Albuquerque, New Mexico, and is to witness the following: The parties hereto own adjoining property in Dallas County, Texas. Property owned by ABQ lies to the north and lies to the east of property owned by CISD. The property of ABQ separates a portion of the CISD tract from Denton Tap Road, and separates the CISD tract frOm Cottonwood Creek. It would be in the best interest of CISD to have access across the eastern tract of ABQ to Denton Tap Road (see Exhibit "A", attached hereto and incor- porated herein for all purposes), and to have drainage across the northern tract of ABQ to Cottonwood Creek (see E;.hibit "B", attached hereto and incorporated herein for all purposes). ABQ is willing to consent to same upon the following terms and condi- tions: 1. ABQ agrees to dedicate to the public's use and benefit a right-of-way across the property of ABQ for~ a proposed road JOINT IMPROVEMENT AGREEMENT, PAGE 1 ("the Access Road") and the utilities required therewith from the eastern boundary of CISD to proposed Parkway Boulevard and from proposed Parkway Boulevard to Denton Tap Road. All references hereafter to the said Access Road and Parkway Boulevard are to the said proposed roads. ABQ applied for a final plat which included the said right of way dedication on December 21, 1988 with the Coppell Planning and Zoning Commission, and ABQ will use its best efforts to submit a final plat to the Coppell City Council by February 14, 1989. 2. CISD agrees that the construction plans for roadway and utility improvements of that portion of the Access Road and Parkway Boulevard necessary for ingress and egress to the school site must be approved by ABQ and CISD which approval shall not be unreasonably withheld. The proposed location of the Access Road easement is shown on the proposed final plat of Parkway Boulevard (West) attached as Exhibit "A" and incorporated herein for all purposes. For that portion of the Access Road within the boundary of the property owned by CISD, CISD may use its own design, provided, however, the grade elevations of the. Access Road at the common boundary line are mutually acceptable. ABQ agrees that it will not impede CISD's constructi°n of the Access Road and Parkway Boulevard by it~ activities in filling and grading that area north of Parkway Boulevard and south of Cottonwood Creek, and shown in Exhibit "A" with diagonal lines. JOINT IMPROVEMENT AGREEMENT, PAGE 2 3. CISD shall cause the roadway and utility improvements to be constructed and to pay the cost of construction of those improvements listed on Exhibit "B", attached hereto and incor- porated herein for all purposes. ABQ agrees to place restrictive covenants on those parts of its property within 300 feet of, and adjacent to, the Access Road, Parkway Boulevard, and the eastern boundary of CISD, hereinafter called the "Affected Property". The Affected Property is located on Exhibit "C", attached hereto and incorporated herein for all purposes. ABQ agrees to provide a legal description of the said Affected Property which will be included on said Exhibit "C". The restrictive covenants will cause the developer of the Affected Property to reimburse CISD, at the time the final plat of the Affected Property (or any part thereof) is approved by the City of Coppell, an amount of money equal to such developer's pro-rata share (based on the area of the Affected Property so platted by the developer) of: (1) one hundred (100%) percent of CISD's cost of the construction of the southern two lanes of Parkway Boulevard extension from Denton Tap Road to the intersection with the Access Road; (2) fifty-two (52%) percent of CISD's cost of the Access Road from Parkway Boulevard to the boundary line of CISD and the additional grading and paving of that area on CISD property necessary to tie in to the existing school driveways; (3) $108,500.00 reimbursement for a portion of CISD's cost for a box culvert drainage improvement on CISD property running along the east boundary line of CISD JOINT IMPROVE~IENT AGREEMENT, PAGE 3 7. CISD and ABQ agree to cooperate in the platting of the Access Road and Parkway Boulevard with the intent that same shall be located at the location shown on the attached Exhibit "A", but understanding that same may be located at a different location due to requirements of the City of Coppell. 8. CISD acknowledges that ABQ, or its.successors in title, will at a later date, be using earth moving equipment to haul dirt across the Access Road. CISD agrees to cooperate fully with ABQ to obtain from the City of Coppell, as part of the final plat approval for the Access Road, a written approval of such crossings. The city's approval may require ABQ to provide appro- priate flagmen on the site during peak travel ~times to and from the school site. Securing such an agreement from the city is a condition precedent to the parties' obligations under this agreement. The Parties acknowledge that they would not enter into this agreement absent such approval by the City of Coppel~ at the time of the final platting. Should such approval or agreement from the City of Coppell not be obtained on or before final plat approval, then ABQ, at its sole discretion, may terminate this agreement whereupon neither party shall have any obligations hereunder, and this agreement shall be cancelled and of no further force and effect. 9. ABQ agrees to cooperate with CISD in requesting the City of Coppell to adopt an ordinance by which the city would be JOINT IMPROVEMENT AGREEMENT, PAGE 7 empowered to collect, as a condition of final plat approval of an Affected Property, an amount of money equal to the reimbursement due to CISD for construction of streets, utilities, or drainage structures adjacent to the Affected Property (the "Pro-Rata Reimbursement"). The Pro-Rata Reimbursement shall be determined by dividing (x), the percent of the total cost of all improve- ments as defined in paragraph 3 above, for which the Developer of the Affected Property is responsible to reimburse CISD, by (y), the total number of lineal feet of frontage of tke Affected Pro- perty adjacent to any improvements, and multiplying the resulting quotient by (z), the number of lineal feet of frontage in the Affected Property being platted adjacent to any improvement. The said amount will then be increased by eight and one-half (8½%) percent per year for the applicable period of time as set out in paragraph 3 above. This proposed ordinance shall incorporate such language necessary to conform to the provisions of this agreement and shall state on its face that it is subordinate to any and all liens, encumbrances, conveyances, or other matters of title now or hereafter arising on ABQ's property, and reimburse- ments will be required hereunder only in the event a final plat is requested by an owner and/or developer of an Affected Property and is thereafter approved by the City of Coppell. The restric- tive covenants imposed by ABQ pursuant to paragraph 3 above shall contain similar requirements for pro rata reimbursement as set out above. JOINT IMPROVEMEnt'3' AGREEMEN'T, PAG~ 8 10. Notwithstanding anything to the contrary herein, ABQ reserves the right to convey to CISD, and CISD agrees to accept, if tendered, in full satisfaction of all reimbursement respon- sibilities of ABQ or its successors arising from this agreement, a portion of the tract of land located adjacent to the north boundary of the CISD school site, to be delivered to CISD (i) free and clear of any indebtedness, and (ii) filled to the level of the parking lot constructed on the adjacent CISD school site, compacted to 95% Standard Proctor Density as determined by ASTMD-698 (the "Reimbursement Property"). Trees to remain shall be agreed upon by' CISD and ABQ. The size of the Reimbursement Property shall be determined by dividing (x), the total outstand- ing amount of reimbursement due at any given time to CISD by (y), $1.42 per square foot. The resulting quotient will equal the number of net square feet contained in the Reimbursement Pro- perty. Net square 'feet are defined as gross land owned excluding any land located in the floodway of Cottonwood Creek as estab- lished by the City of Coppell. The west boundary of the Reim- bursement Property will be the west boundary of the ABQ property and the north boundary will be the cente~line of Cottonwood Creek, as approximately located on Exhibit "C" attached. 11. CISD acknowledges that the land use plan for the ABQ property plans a roadway to access the land owned by ABQ north of CISD's northern boundary and south of Cottonwood Creek. Such JOINT IMPROVEMENT AGEEEMENT, PAGE 9 access may be constructed as a public street or as a private drive. This roadway is hereinafter referred to as the "East-West Street" and is shown on Exhibit "D", attached hereto and incor- porated herein for all purposes. In consideration for ABQ's agreement for access to the school site, CISD agrees to grant to ABQ or its successors in title an easement, or to dedicate right-of-way across the northeast corner of the school site in order to properly intersect the East-West ~:treet with the Access Road approximately in the manner indicated on Exhibit "D" attached. ABQ or its successors in title will bear the sole cost of constructing the East-West Street and will construct it in such a manner that there are no points of ingress and egress from the East-West Street to the school parking lot. The final street design and alignment shall be mutually agreeable to both parties. As a part of ithis agreement, ABQ and CISD agree to trade to each other the two tracts of substantially equal value identified as "Trade Tracts" on Exhibit "D", on or before sixty (60) days from the date of an appraisal by an appraiser for CISD. The said trade tracts shall be free and clear of all liens or encumbrances except as may be specifically accepted by the grantee thereof. 12. Drainage Improvements Along Common Boundary of Proper- ties. a. CISD has caused sanitary sewers and drainage structures to have been constructed at locations shown on Exhibit JOINT IMPROVEMENT AGREEMENT, PAGE 10 "E", attached hereto and incorporated herein. Both parties agree to execute easements authorizing such sewers and drainage struc- tures. ABQ shall have no responsibility for maintenance or repair or replacement of such sewer and drainage structures. CISD shall'use its best efforts to secure the City of Coppell's final acceptance of such sanitary sewers and drainage structures for maintenance. ABQ agrees to execute and deliver to the City of Coppeli such easements as are necessary to effect the city's acceptance of such sanitary sewers and drainage structures for maintenance. b. The drainage structures shall be designed to have adequate capacity and be at the proper elevation to receive drainage from the property owned by ABQ immediately east of and adjacent thereto. CISD agrees to grant to ABQ a drainage ease- ment providing ABQ's said property the right to drain into the drainage structure to be constructed by CISD. CISD shall have no responsibility for maintenance or repair or replacement to drain- age connections constructed by ABQ to direct the drainage from ABQ's land to the drainage structure on CISD's property. c. CISD shall have no obligation to construct the remaining extension of the drainage structure from CISD's north property line across the property of ABQ to Cottonwood Creek. Such cost shall be paid by the developers of the ABQ property at such time as the said property is developed. JOINT IMPROVEMENT AGREEMENT, PAGE 11 d. ABQ agrees to allow CISD to access the existing sewer line along ABQ's western boundary. 13. CISD agrees to fulfill the requirements of the plat approved by the City of Coppell which requires light baffles on the stadium and/or parking lot lighting to reduce the light spill on property to the north. Such lighting will be designed so as to cause the ambient light spill at CISD's north property line not to exceed an intensity of one foot candle. 14. The ABQ property adjoining the CISD tract is currently being u~ed to graze cattle and horses. CISD agrees to re-estab- lish any existing fences of ABQ which must be disturbed during the construction and CISD agrees to erect temporary fences to retain livestock during construction. Specifically, but not by way limitation, the cuts and fills along the north boundary of the school site will be sloped to the common boundary so as to prevent slope failures and erosion which may cause loss of fencing. It is the mutual intention of the parties to not interrupt the existing agricultural use in order to facilitate the construction of the high school and CISD agrees it will not object to the continued use of the ABQ property for agricultural purposes subsequent to the opening of the high school provided that the manner of usage remains s~bstantially the same as such property is presently being used. Construction improvements are being made on ABQ's property at this time for the sole purpose of accommodating the requests of CISD. JOINT I~PROVEMENT AGREEMENT, PAGE 12 15. The obligations of ABQ hereunder are subject to ABQ's review and approval of the final engineering designs of all improvements and right-of-way alignments that have an impact on its property prior to submitting a final plat request to the City of Coppell. ABQ shall submit proposed plats of the streets to CISD which shall have an opportunity to review the design, but shall not be required to do so. 16. CISD has agreed ABQ shall have the right, upon fifteen (15) days prior written notice to CISD, to enter upon the east boundary of CISD's property in order to grade, at ABQ's sole expense, a gradual transition (not to be greater than a 3.1 slope) from ABQ's property line to a point approximately five feet east of CISD's street or drive along CISD's eastern boun- dary. Any such graded area on CISD property shall be reseeded and returned as close as is reasonably practicable to its condition immediately preceding the work. 17. Each party hereto agrees to promptly execute any easen,ents necessary to accomplish the purposes set out herein. 18. This contract shall be construed under and in accord- ance with the laws of the State of Texas. '19. This contract is performable in Dallas County, Texas, and venue for any disputes arising hereunder shall be in Dallas County, Texas. 20. In case any one or more of the provisions contained in this contract shall for any reason be held to be invalid, JOINT IMPROVEMENT AGREEMENT, PAGE 13 illegal, or unenforceable in any respect, this invalidity, illegality, or unenforceability shall not affect any other pro- vision hereof, and this contract shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. 21. This contract constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties res[ecting the within subject matter. ACCEPTED AND AGREED TO this 23rd day of January, 1989. ABQ DEVELOPMENT CORPORATION COPPELL INDEPENDENT SCHOOL DISTRICT By: STAN STRICKMAN, Senior Vice President JUDI/~GGETT, Pres~d~ BoarkY of Trustees ATTEST: ROY BR~_K~ ~dJfs~ant Secretary Board of Trustees C2 JOINT IMPROVEMENT AGREEMENT, PAGE 14 ... ;.~::.. :~:. - .. I ; :'.": :.i i:., ,~ :.": ~ ~ i :ii~;! i:.- ~..i~ "' : ';'i .s l:: ~ , I ! .... : .:-. j -":Jill ~ -~i i.. ,: i: :?. ~ , '. '.!::-:: !,:' :i :i". :J ":: =i :ir~ :: : ::!1'~ ;;: : :'::' ..,::..., ,:,,..... :,... "'"' "::' "'"~' "::"' :?'~:~ ii'!':,l'i "; .! .-~ ,: Ii: .; ,': '- ' ;.:.'*' I.'- ~;-'; .... ~',,o- .o o ! .. .... o o ,. . . . lo.. *- I. :- ;:'-''--' := :- i:~; .... '.'.i:' ::il I :: ::-i 'i:-;.~= :i i~;;'. '-'-~ -:':': .' .'!.'-!::- '; :~:H ...:,.,-'--*i,!:: :::,~.; i!il:" ii i;i, ...' ::-..i .... ! !ii! F -avJ. !! .il !! iii '";: / / _.-,! :.-rI .i ~ ~ -,:~ I~ ' '" ~'/~-7/ ~~~ ~ ,!1 L~_ I / ~ :~.--;-;..---~ .... , " .- '~ -'." /~ i ...... " ~~ ~ :~ ;; ~ ..... '. . · ~:, ...... :. :-:. ....... . .. ~ : .... :.., ~ . · ,, : . · ..... ~-~ '~"'['1 ..... l'""'r' · 't'~-'"l I ~ ~ ~' ~ : ........ , ..... ", ,.. :.:~? ..: ....... ~ .... ~!~' ~ "'~'~~ 7: :.: :.::: ~'.: ~ .~.: '-;"~-.--'.-~" ~ [.'i:i:::!..;L~-~-: .~: .--',: ..... : I , ~ - ~-f ~t~ ..~ .....: ...... ~ ............ ~.~ , ............. ~-~.-~-~ ..........~-~ I g : ...... , ..... : ..... r:'l':,'~',;'~': ....... ,, , ......... ............... ............ ,.. ~'~ ~ '~ ~ · .-'~- ~','~t' ~ '"~'~ ;'"TI " ~" !~ ~ ........ ' '"' ..... ~'"~":-~":'~" = a ~ ~. ~ ' ~ ~ ..... ~-~ --: ....... ;-i.-.~.. Z~;'- ...... , :,,.~ .. '~ .:LL.:_--.~ ...... ~' ..... 7~~- ?'11~ ~ ..... ----~,-. ~ ~ _ ..,~ .... .- ... ~' .... ~ I~ Iii i,. I ( I I J EXHIBIT C A FFI'~CTEI) I)ROI)ElCTY ['I[~ING I,'lO.~lfi ACr'~$ O~ LAND LOCATED IN 11~ CIIY ~ C~LL ~lt ~ llf SA EXHIBIT "D" (TO BE ATTACHED) LEGAL DESCRIPTION CHANNEL EASEMENT #1 BEING a tract of land located in the S.A. & M.G.R.R. SURVEY, Abstract No. A-1430, City of Coppell, Dallas County, Texas and being a portion of the 109.7022 acre tract of land described as Tract 1 conveyed to ABQ DEVELOPMENT CORPORATION by the deed recorded in VolUme 88130, PaGe 2326 of the Deed Records of Dallas County, Texas, and being more particularly described by metes and bounds as follows; BEGINNING at an iron rod at the north end of the most southerly west boundary line of said ABQ DEVELOPMENT CORPORATION tract, said' point also being the northeast corner of future Lot 1, Block A of Coppell High School Addition, unrecorded; THENCE S 88° 37' 59" W, 39.21 feet along the south boundary of the aforesaid ABQ DEVELOPMENT CORPORATION tract with the north boundary of the aforesaid Lot 1, Block A, Coppell High School Addition; THENCE N 02° 35' 57" W, 238.50 feet to a Point; THENCE N 80" 03' 55" E, 37.74 feet to a Point; THENCE S 01~ 11' 37" E, 216.05 feet to a Point; THENCE S 16~ 40' 27" E, 29.05 feet to the containing 0.1931 acres (8411 square feet) of land, less. POINT OF BEGINNING more or ~/01.,. '751e~7.. ~ Pt~. 1'5"/~. ~m~n c~nn~ ABQ DEUELOP~ERT CO~PORATIOn ~s~nc~ n; ~4$o, ~AcL~S coun~,~zns ABQ DE~L~t¢ C~~ON ' V~ 8~130, PG. 2326 16~qO'~3''[ ' 89.05 ,Jerry Parch~ Consulting Engineers- LEGAL DESCRIPTION SANITARY SEWER EASEMENT BEING a tract of land located in the S.A. & M.G.R.R. SURVEY, .Abstract No. A-1430, City of Coppell, Dallas County, Texas and being a portion of the 109.7022 acre tract of land described as Tract i conveyed to ABQ DEVELOPMENT CORPORATION by the deed recorded in Volume 88130, Page 2326 of the Deed Records of Dallas County, Texas, and being more particularly described by metes and bounds as follows; COMMENCING at an iron rod at the north end of the most southerly west boundary line of said 109.7022 acre tract, said iron rod also being the northeast corner of future Lot 1, Block A of Coppell High School Addition, unrecorded; ~ THENCE S 88° 37' 59" W, 39.21 feet along said boundary of the aforesaid ABQ DEVELOPMENT CORPORATION tract with the north boundary of the aforesaid Lot 1, Block A, Coppell High School Additfon to the POINT OF BEGINNING; THENCE S 88° 37' 59" W, 15.00 feet continuing along said boundary to a Point; THENCE N 02° 35' 57" W, 204.79 feet to a Point; THENCE N 83° 20' 22" E, 8.08 feet to a Point; THENCE N 87~ 10' 48" E, 6.94 feet to a Point; THENCE $ 02~ 35, 57" E, containing 0.0707 less. 205.71 feet to the POINT OF BEGINNING, acres (3081 square feet) of land, more or C0110rt~J00D_ o.... ---' ~ ~ 15' t~ $ B8° 5'7' DEVELOPPlEnT COi~I~R¢IOFI VOb. S8150, PG, 5.4. ABSTRA£T n-" IqSO, DALLAS COORIY,'TEXA5 CITY OF COPPgLb, Ex. E~O' UTILITY E.5t~l'. YOL,, "/901q- ~ PG. 00'/5 0 20 · 40 t" -' 20' TRACT 1 ABQ DEVELOPMENT CORPORATION VOL. 83130, PG. 2326 D. R. D. C. T. t"- O i ,'\\ ~' £OPPELL I.S.O. TRACT s~,, w. ~.z, .,~/ ... ~- ~_L~_ Jerry Parch"NConsultlng Engineers. 0 5 BB" ~"/' Gq" t,.J . r,,., .... ,~ ~y COr'PELL I. . . LEGAL DESCRIPTION CHANNEL EASEMENT #2 BEING a tract of land located in the S.A. & M.G.R.R. SURVEY, Abstract No. A-1430, City of Coppell, Dallas County, Texas and being a portion of the 109.7022 acre tract of land described as Tract 1 conveyed to ABQ DEVELOPMENT CORPORATION by the deed recorded in Volume 88130, Page 2326 of the Deed 'Records of Dallas County, Texas, and being more particularly described by metes and bounds as follows; BEGINNING at an iron rod at the most westerly southwest corner of said 109.7022 acre tract, said iron rod also being the northwest corner of future Lot 1, Block A of Coppell High School Addition, unrecorded; THENCE N 01° 15' 38" W, 465.00 feet along the west boundary line of said ABQ DEVELOPMENT CORPORATION tract to a Point; THENCE N 89° 22' 36" E, 55.00 feet to a Point; THENCE S 11~ 04' 17" W, 72.36 feet to a Point; THENCE S 04~ 11' 21" W, 101.24 feet to a Point; THENCE S 01~ 15' 38" E, 295.00 feet to a Point lying in the south boundary line of the aforesaid ABQ DEVELOPMENT CORPORATION tract and the north boundary of the aforesaid Coppell High School Addition; THENCE N 87~ 17' 03" W, 30.00 feet along the south boundary line of the aforesaid ABQ DEVELOPMENT CORPORATION tract with the north boundary of the aforesaid Coppell High School Addition to the POINT OF BEGINNING, containing 0.3594 acres (15,656 squa.[e feet) of land, more or less. W 0 I- TRACT 1 ABQ DEVELOPIVENT CORPORA'lION ' VOL. 88130, PG. 2326 D. R. D. C. T. nBS'TRACT tlC). 1430 ~ ,5 Il*0~' I1" ~ - 'I'Z.SG' ,, T 5AFl. o,.I · ..,: VOL,. "ISI~Z, PG. 13'/2 rO ..SEW.' AC. o 50 IOO 15o I'* : 50' ABG~ EXHIBIT CHannEL EASEPlE~T ERKTHEn CHAFInEb ownER DEYELOPPIE[1T VOL.'881~O, PG, / ~"lrl B'/~° I?' 0~5*' ~J' 30 00' Point OF BgGIrlnlnG COPPELL INDEPENDENT SCtlCX3L DISTnlCT 13, 19~)9 ~ dP 5. A. ~, Pl.G.g.A. SURVEY ABSIAACT n" I~0, DALLAS ¢OU~TY,IEEA CITY OF COPPELU, '[EXA S Jerry Parch~ Consulting Engineers . LEGAL DESCRIPTION STORM DRAIN EASEMENT - BOX CULVERTS BEING a tract of land located in the GEORGE W. JACK SURVEY, Abstract No. 694, City of Coppell, Dallas County, Texas and being a portion of the tract of land conveyed to COPPELL INDEPENDENT SCHOOL DISTRICT by the deed recorded in Volume 89005, Page 2731 of the Deed Records of Dallas County, Texas, and more particularly described by metes and bounds as follows; BEGINNING at an iron rod at the most northerly northeast corner of said tract, said iron rod also being at the north end of the most southerly west property line of a tract of land described as Tract 1 conveyed to ABQ DEVELOPMENT CORPORATION by deed recorded in Volume 88130, Page 2326 of the Deed Records of Dallas County, Texas; THENCE S O0° 45' 04" E, along the east boundary of the aforesaid COPPELL INDEPENDENT SCHOOL DISTRICT tract at 1299.41 feet passing an iron rod being the most southerly southwest corner of said ABQ DEVELOPMENT CORPORATION tract and continuing in all a total distance of 1328.54 feet to a point, said point being the most southerly southeast corner of the aforesaid COPPELL INDEPENDENT SCHOOL DISTRICT tract; THENCE N 86° 34' 00" W, 30.08 feet along the south boundary of the aforesaid COPPELL INDEPENDENT SCHOOL DISTRICT tract to a Point; THENCE N 00° 45' 04" E, 971.43 feet to a Point; THENCE S 89° 14' 56" W, 5.00 feet to a Point; THENCE N 00~ 45' 04" W, 355.05 feet to a Point lying in the north boundary line of the aforesaid COPPELL 'INDEPENDENT SCHOOL DISTRICT tract; THENCE N 89° 28' 56" E, 35.00 feet along said north boundary line of the COPPELL INDEPENDENT SCHOOL DISTRICT tract with the south boundary line of the aforesaid ABQ DEVELOPMENT CORPORATION tract to the POINT OF BEGINNING, containing 0.9550 acres (41,600 square f~et) of land, meJe or le~s. ri oqo ~,8, 5G,,, E %,/ 35. o' ---,.... POIrlT OF °EGInrllrlc, SA. I m.&.g.R. SURVEY AIS$1RRtT no. lqso_ . GEOI~GE ~/. ~*~C,K SURVEY ACS'lgRc,I'rlO- &9~. PROPERTY LInE ABQ TRACT 1 DEVELOPIVIENT CORPOtAAT1ON VOL 88130, PG. 2326 D. R. D. C. T, O. 95':;O E~0X CULUER'T ,~ 89' Iq' 56" W' 5.00'''~ COPPELL INDEPENDENT SCHOOL DISTRICT VOL. 89008, PG. 2731 D. R. D. C.T. -"" LT¢,r'IUARY 15,1989 DO t" * .100' i / ~-I'1 I~C,° 3q' 00"~ 30.05' 6×NIBIT 5TOi~iT! D~Alrl EAsErrlE~qT I~O~, CULVERT o~n~P~ COPPF_,I.L VOL,. 8~008, P~. e'l'~l GEOR6E W,~ACK 5URUF..'t' AI~$'rF, AC'r n. ~o~,, DALLAS COUrlTY, CIT'i' OF C:OPPELL,,'TEXAS Prer, ared By' dP Jerry P archE consulting Engineers , ~W,.~w~ e~aCe · Sa~,~1 · ArlV~.Ie,~I 76018 ' Me'~ro~171467';~418 e 18171465 LEGAL DESCRIPTION STORM DRAIN EASEMENT BEING a tract of land located in the S.A. & M.G.R.R. SURVEY, Abstract No. A-1430, City of Coppell, Dal]as County, Texas and being a portion of the 109.7022 acre tract of land described as Tract i conveyed to ABQ DEVELOPMENT CORPORATION by the deed recorded in Volume 88130, Page 2326 of the Deed Records of Dallas County, Texas, and being more particularly described by metes and bounds as follows; COMMENCING at an iron rod at the most westerly southwest corner of said 109.7022 acre tract, said iron rod also being the northwest corner of future Lot 1, Block A of Coppell High School Addition, unrecorded; THENCE S 87° 17' 03" W, 1181.25 feet along the south boundary of said 109.7022 acre tract to the POINT OF BEGINNING; THENCE N 01° 32' 03" E, 153.15 f~et to a Point; THENCE N 85° 50 25" W, 11.68 feet to a Point; THENCE N 16° 11 THENCE N 25° 20 21" W 46" E 32.28 feet to a Point; 10.51 feet to a Point; THENCE S 76° 12 02" E 58.69 feet to a Point; THENCE S 28° 04 21" W 25.50 feet to a Point; THENCE S 65° 13 29" W 14.32 feet to a Point; THENCE N 85° 50 25" W 5.88 feet to a Point; THENCE S 01© 32' 03" W, 152.90 feet to a Point in the south boundary of the aforesaid ABQ DEVELOPMENT CORPORATION tract and the north boundary of the aforesaid Coppell High School Addition; THENCE N 87a 17' 03" W, 10.00 feet along the south boundary of said ABQ DEVELOPMENT CORPORATION tract to the POINT OF BEGINNING,~ containing 0.0756 acres (3293 square feet) of land, more or less. S 65'13 2~"W-1~.32' I1 $5'50'2~" W - ~'.lt~' 5. A. ~. rn.&P,.R. p~531¢~ C1' riO. VOL. TRACT 1 DEVELOPMENT CORPORATION 88130, PG. 2326 D. R. D. C. T. PoIn'T OF BE61nnln6 $ 87°17'03"E ~ EY,.ISTIFIC~ 5'~-InCH ~ R. C. R 5'[01~rl1 DRAIlq f O. O"l'.5G t~.C. o I - COPPELL INDEPENDENT SCHOOL DISTRICT Point OF commEncIrlc~ SOUTI-lt,,JEST cORnER ABQ DEgELOPFFIEnT CORPOR~'i'I OKI 3'AFIUARY 13, 1989 20 I" ; 20' 6O EXHIBIT 5TORffl PRAl~q E~%£mE~qT 57-1IIC1~ R.C.?. { B[FID'~ALL ABQ ownER DEV£LOP~£~ COR?O~AltOT VOL. 88130, PC, 232(,, 1 hBSTRACT ns H30, DALLAS CiTY OF COPPELL ITI.G.R.R. SURVEY cOUnTY, TEXAS TEXAS Jerry ParchL Consulting Engineers 1lmm Iim~. m lmmlm .{~ em~ ~ m iI~l, ~ mImm'm ''