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ST9801-AG 990608COUNCIL MEETING: June 8, 1999 " AGENDA REQUEST FORM ITEM# ITEM CAPTION: Consider approval of a resolution authorizing the City Manager to make a final offer for acquisition of right- of-way, slope easement, drainage easement and construction easement from the William B. Callejo property for the construction of Coppell Road and for the City Manager and City Attorney to initiate eminent domain proceedings if the final offer is not accepted; and authorizing the Mayor to sign. SUBMITTED BY: Kenneth M. Griffin, RE. TITLE: Director of Engineering/Public Works STAFF COMMENTS: liPPROVED BY CITY COUNCIL ATE For some time now, the City of Coppell has been negotiating with William Callejo to acquire necessary property for the construction of Coppelt Road from S.H. 121 to Sandy Lake Road. All initial meetings with Mr. Callejo led the City to believe that he would be wining to negotiate the acquisition of the property in good faith. Several times Mr. Callejo stated that he would not be the holdup on the project. However, once an offer was made to Mr. Callejo for the acquisition of his property, he immediately retained an attorney to represent him. The City in ram, retained the services of Evaluations Associates to perform a detailed appraisal of the property to be acquired. An offer has been made to Mr. Callejo based on that appraisal report. The City has requested that Mr. Callejo or his attorney respond back to this office no later than June 9, 1999 as to whether or not the offer will be accepted. If the offer is not accepted, the City needs to expeditiously begin the process of eminent domain to acquire the necessary property to begin the construction of Coppell Road. Based on Mr. Callejo's prior comments, the City bid the construction of Coppell Road but has not awarded the project. The low bidder on the project, Ed Bell Construction Company, is currently reviewing their bid to determine if they are willing to extend it. I am also reviewing the plans to determine ff there is a way to phase in construction while in the process of acquiring the necessary property from the Callejo tract. Staff recommends the approval of the resolution authorizing the final offer from the City Manager and the beginning of the eminent domain process if that final offer is not accepted. Staff will be available to answer questions at the Council meeting. BUDGET AMT. $ FINANCIAL COMMENTS: AMT. EST. $ +\-BID $ Funds for the construction of Coppell Road are in the' 1999 CO Issue. DIR. INITIALS: ~'7 Agenda Request Form - Revised 2/99 FIN. REVIEW: CITY MANAGER REVIEW: / Document Name: #06085 / A RESOLUTION OF THE CITY OF COPPELL, TEXAS RESOLUTION NO. 0 ~"0 g99.~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, DETERMINING THE NECESSITY FOR THE ACQUISITION OF STREET RIGHT-OF-WAY FOR THE EXTENSION OF NORTH COPPELL ROAD AS DESCRIBED IN EXHIBIT "A", ATTACHED HERETO, WITHIN THE CITY OF COPPELL, DALLAS COUNTY, TEXAS; AUTHORIZING THE CITY ATTORNEY TO FILE PROCEEDINGS IN EMINENT DOMAIN TO ACQUIRE THE EASEMENT; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the City Council of the City of Coppell, Texas hereby finds and determines that a public necessity exists for the welfare of the City and its citizens and it is in the public interest to acquire street right-of-way by fee simple and/or easement and/or temporary construction easement and/or slope easement and/or drainage easement for the expansion of North Coppell Road as described in Exhibit "A" through Exhibit "D", and map as attached hereto. That the legal description of said street right-of-way is attached hereto as Exhibit "A" through Exhibit "D", all being made a part hereof for all purposes. SECTION 2. That the City Manager, or designee, is hereby authorized on behalf of the City to attempt to agree on damages and compensation to be paid to the owners of the property. If the City Manager or designee determines that an agreement as to damages and compensation can not be reached then the City Attorney or designee, is hereby authorized to file or cause to be filed against the owners and interested parties of the property, proceedings in eminent domain to acquire the street right-of-way in fee simple and/or easement and/or temporary construction easement and/or slope easement and/or drainage easement. Page 1 26319 SECTION 3. If it is later determined that there are any errors in the descriptions contained herein or if later surveys contain more accurate revised descriptions, the City Attorney or designee is authorized to have such errors corrected or revisions made without the necessity obtaining City Council approval authorizing the condemnation of the corrected or revised property. SECTION 4. That the owners or parties claiming an interest in said property is William F. Callejo, Trustee. DULY RESOLVED by the City Council of the City of Coppell, Texas on this the day of -F · - ,1999. ~ ~iTy~~SC~C~iE , MA yt~~R ATTEST: APPRO A TO F RM: TY A 0 Y LIBBY B~L, INTERIIV[ CITY SECRBTARY Page 2 26319 EXHIBITS ~4' &, 'B' IO.FOOT SLOPE EASEUENT 0.5113 OF AN ACRE AREA CALLED TO BE W/THIN COPPEt / ROAD 1214 ACRES VOL eOOO4,PG. 1835 D.R.D.C.T. |/.,,.-PROPOSED ' GHT-OF-WAY LINE BEG NING I ~ ',~ POINT OF COMMENCEMENT / , . ExHI IN i *YNI 01' BEGINNING EXHIBIT CONTROL MOIa"--NT N88"5 1 '36"W- 9.72' COPPELL ROAD PROJECT RIGIfr~F-WAY ACOI. IISITIOtl DFOOT SLOPE EASEMENT BEING A PORTION OF WILUAM F, CN IFJO VOLBOOO4roPG,1835 SITUATED IN THE JOHN E, HOU. AND SURVEY ABSTRACT N0.614 CITY OF COPPELL ~ COUNTY. TEXAS PROJECT, CO PPELL ROAD FILE: P:\ 98\ 98-024\EXHIBIT\ROWTAKE2-2.DGN JOB NO: GA" 98-024 I I DRAWN BY: RIB DATE: MARCH 1999 PAGEs I OF 3 SCALE a 1"":60' JOHN E, HOLLAND SURVEY, ABSTRACT NO, 614, DALLAS COUNTY, TEXAS 1""60' LYNOO N U. HODGIN R.P.L.S. TEXAS NO, 4584 I(NaNG$ SHOWN I(l~0e t/t[ BASED ON THE EASTEItY UI[ Olr THE I/tLAM TR~:T ar LJti} .lID THE FJOST!4G WESTERLY RIGHT*{~-WAY LIIE (Y CO PI't"LL nON) I)NG S~ITH EXHIBIT "A" RIGHT-OF-WAY PARCEL MEFF, S AND BOUNDS DESCRIFFION BEING 0.4936 of an acre tract of land situated in the John E. Holland Survey, Absuact No. 614, the City of Coppell, Dallas County, Tern and being a portion of a called 130.710 acre tract of land described to William F. C. allejo, Trustee by deed recorded in Volume 80004, Page 1835, Deed Records of Dallas County, Texas (DRDC'F), said 0.4936 of an acre tract of land being more particularly described as follows: COMMENCING at the southeast corner of said Callejo tract of land; THENCE North 88°5 1 '36" Wast along the southerly line of said Callejo tract of land, a distance of 22.01 feet to the POINT OF BEGINNING THENCE North 88051'36" Wast continuing along said southerly line, a distance of 9.72 feet to a ½ inch iron rod set for corner in the proposed westerly right-of-way line of Coppell Road; THENCE North 03o20'34" East, along said proposed westerly right-of-way line, a distance of 2226.93 feet to a ½ inch iron rod set for corner in the northerly line of said Cailejo tract of land, same being the southerly line of Phase I, Block 1, One Twenty One Business Park as described by plat recorded in Volume 81094, Page 2568, DRDCT; THENCE South 86°23'12" East, along the northerly line of said Ca!!ejo tract of land and the southerly line of said Phase 1, Block 1, One Twenty One Business Park, at a distance of 4.60 feet passing a ~t inch iron rod found for the southeast comer of said Phase 1, Block 1, One Twenty One Business Park, and continuing along said northerly line in all for a total distance of 9.60 feet to to a point for corner; THENCE South 03020'24'' West, a distance of 2226.51 feet to the POINT OF BEGINNING; CONTAINING a computed area of 21,505 square feet or 0.4936 acres of !and. BXHIBIT"B" I~POOT SLOPB BASEMENT METES AND BOUNDS DBSCRIFFION BEING a 0.5113 of an acre Wact of land situated in the John B. Holland Survey, Abstract No. 614, the City of Coppell, Dallas County, Texas and being a portion of a called 130.710 acre tract of land described to William R Callejo, Trustee by deed recorded in Volume 80004, Page 1835, Deed Records of Dallas County, Texas (DRDCT), said 0.5113 of an acre Irsct of !and being more particularly described as follows: COMMENCING at the southeast comer of said Callejo tract of !and; THENCE North 88E51'36" West along the southerly line of said Callejo tract of !and, a distance of 31.73 feet to the POINT OF BEGINNING; THENCE North 88F,51 '36" West, continuing along the southerly line of said Callejo Iract of !and and the northerly line of a called 0.077 acre tract of !and described to Betty A. Phillips by deed recorded in Volume 88149, Page 3215, DRDCT, a distance of I0.01 feet to a point for comer;, THENCE North 03E20'34" East, a distance of 2227.36 feet to a point for corner in the northerly line of said CaHejo tract of land, same being the southerly line of Phase 1, Block 1, One Twenty One Business Park described by plat recorded in Volume 81094, Page 2568, DRDCT; THENCE South 86E23'12" East, along the northerly line of said Callejo tract of land and the southerly line of said Phase I, Block 1, One Twenty One Business Park, a distance of 10.01 feet to a point for comer; THENCE South 03E20'34" West, a distance of 2226.93 feet to the POINT OF BEGINNING; CONTAINING a computed area of 22,271 square feet or 0.5113 of an acre of land. 'EXHIBITS ICI & N r'-6o' PROJECT,, COPPELL ROAD FLE: P:\ 98\ 98-024\EXHIBIT\DRANI.DGN ,JOB' NOt GAe 98-024 I DATEs FEBRUARY, 1999 PAGE,, I OF 3 JOHN E, HOLLANO SURVEY, ABSTRACT NO, 614, DALLAS COUNTY, TEXAS BE~I~S SHOWN HER(ON/R( BA~D ON T~ E~TERLY LIE OF THE MLL/I r. C~LLEJO TRACT OF L/le R(I~ NORTH 03' 2~34" EAST LYNOO N M. HODGIN R.P.L.S. TEXAS NO. 4584 /Gle:l&Neadlm~lnc. DRAWN BY: RW8 .,.---,,-.-..,,.,., · SCALE I 1":60' COPPELL ROAD PROJECT DRNNAGE EASE/tENT & TEMPORARY CONSTRUCTION EASEMENT ~EING A PORT/O# OF WILUAM F. CALLEJO VOL eOOO,I, PG.18 3 5 SITUATED III THE JOHN E. HOLLAHO SURVEY ABSTRACT A~.614 CITY OF COPPELL DALLAS COUNTY. TEXAS S8~3,~,6_1; PROPOSED/ROW LINE . NO3*20'34"E 170.00' · t 503'20'34"W ' I N03~0'34'[ I t 220.00' ,'N86'39'26'~ OF BEGINNING 'C' ....... OF BEGINNING 'D' N86 85.00' N03~0'34~ 1842.87' N03~0'34'~ 18~7.87' of k, kc~ POINT OF COMMENCING · O.B ·' N88'51'36"W- 31 .?Y EXHIBIT DRAINAGE EASEMENT METES AND BOUNDS DESCRIPTION BEING a 0.2342 of an acre Iract of land situated in the John E. Holland Survey, Abstract No. 614, Ihe City of Coppell, Dallas County, Texas and being a portion of a called 130.710 acre tract of land described to William F. Callejo, Trustee, by deed recorded in Volume 80004, Page 1835, Deed Records of Dallas County, Texas (DRDC'T), said 0.2342 of an acre tract of !and being more particularly described as follows: COMMENCING at the southeast corner of said Callejo tract of land, same being. in the existing westerly right-of-way line of Coppell Road (a variable width right-of-way); THENCE North 88*51 '36" West along the southerly line of said Ca!lejo tract of land, a distance of 31.73 feet; THENCE North 03*20'34" East, a distance of 1842.87 feet to the POINT OF BEGINNING; THENCE North 86*39'26" West, a distance of 60.00 feet to a point for comer; THENCE North 03*20'34" East, a distance of 170.00 feet to a point for comer; THENCE South 86'39'26" East, a distance of 60.00 feet to a point for comer; THENCE South 03*20'34" West, a distance of 170.00 feet to the POINT OF BEGINNING; CONTAINING a computed area of 10,200 square feet or 0.2342 of an acre of land. EXHIBIT "D" TEMPORARY CONSTRUCTION EASEMENT METES AND BOUNDS DESCRIPTION BEING a 0.4293 of an acre tract of land situated in the John E. Holland Survey, Abstract No. 614, the City of Coppell, Dallas County, Texas and being a portion of a called 130.710 acre tract of land described to William F. Ca!!ejo, Trustee, by deed recorded in Volume 80004, Page 1835, Deed Records of Dallas County, Texas (DRDCT), said 0.4293 of an acre tract of !and being more particularly described as follows: COMMENCING at the southeast corner of said Ca!lejo tract of land, same being in the existing westerly right-ot'-way line of Coppell Road (n variable width right-of-way); THENCE North 88'51 '36" West along the southerly line of said Callejo tract of land, a distance of 31.73 feet; THENCE North 03'20'34" East, a distance of 1817.87 feet to the POINT OF BEGINNING; THENCE North 86'39'26" West, a distance of 85.00 feet to n point for comer; THENCE North 03'20'34" East, a distance of 220.00 feet to a point for corner; THENCE South 86'39'26" East, a distance of 85.00 feet to a point for corner; THENCE South 03'20'34" West, a distance of 220.00 feet to the POINT OF BEGINNING; CONTAINING a computed area of 18,700 square feet or 0.4293 of an acre of land.