ST9801-ES000410 (2) CAUSE
THE CITY OF COPPELL, TEXAS,
Plaintiff,
WILLIAM F. CALLEJO, TRUSTEE,
Defendant.
NO. 99-07200-e
IN THE COUNTY COURT
AT LAW NUMBER FIVE
OF DALLAS COUNTY, TEXAS
AGREED JUDGMENT
~/~qday of ~4 ,2000, came known to be heard the above-
On the
entitled and numbered cause, and the City of Coppell, Texas, Condemnor, by and through its
attorney of record, and also came the Condemnee, William F. Callejo, and the parties state that they
have entered into an agreed judgment conceming the condemnation of property hereinafter set forth
and establishing just compensation for such property. All legal prerequisites to bring this matter
before the Court, having been duly satisfied and appearing to the Court that the Court has
jurisdiction, the Court is of the opinion that there is a lawful and public purpose concerning the
exercise of the power of eminent domain and condemnation of property as set forth herein in the
Exhibits attached hereto, and that the compensation as provided for herein is just compensation
under the laws of the State of Texas.
IT IS ORDERED, ADJUDGED AND DECREED that~.the property hereinafier described
and set forth in full as Exhibit "A" is hereby awarded to the Condemnor, City of Coppell, Texas; that
the City of Coppell, Texas, is further awarded a slope easement, drainage easement, and temporary
construction easement, for the purpose of construction on Coppell Road, which same are defined
herein and described in Exhibits "B," "C," and "D" attached hereto and that Condemnee, William F.
Callejo, Trustee, for taking, permanent and temporary, be awarded compensation in the amount of
One Hundred Thousand and No/100 Dollars ($100,000;00) as damages resulting from this
condemnation; that William F. Callejo, Trustee, is entitled to withdraw from the registry of this
Court in the amount of Eighty-One Thousand and No/100 Dollars ($81,000.00), plus interest, if any;
AGRF. FD JUDGMF. NT - Page 1
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in addition, the City of CoppeR, Texas shall pay the rest and remainder of the compensation in the
amotmt of Nineteen Thousand and No/100 Dollars ($19,000.00) upon execution of this Judgment.
IT IS FLIRTHER ORDERED that a transitional slope easemere be awarded to the
Condemnor. This slope easement area is described in Exhibit "B". A slight grade separation will
exist and the proposed slope easement is designed to provide a smooth transition from the new road
level to the existing subject property grade; provided however, that this easement grant will in no
manner restrict Condemnee's or ti suceessor's use of same for purposes of access, parking and
inclusion as part of any municipal building setback requirements.
IT IS FURTHER ORDERED the Condemnor will receive a drainage easement as described
in Exhibit "C". The Condemnor shall receive a drainage easement solely for surface drainage
purposes and uses solely incidental thereto. As used herein, the ten "drainage" shall denote the
flow of normal and excess rainwater across the surface of the easement premises; provided however,
that this easement grant will in no manner restrict Condemnee's or its suecessor's use, of same for
purposes of access, parking and inclusion as part of any municipal building setback requirements.
However, nothing contained herein shall be construed to permit the Condemnee to interfere with the
easement use granted heroin.
IT IS FURTHER ORDERED that the Condemnor, its agents, and its contractors, solely at
their peril, jointly and severally, may store coustmction materials and equipment within the
temporary construction easement described in Exhibit "D"; Condemnor, its agents, and its
contractors may conduct any and all activities related to the construction on Copper Road within the
temporary construction easement described in Exhibit "D"; the Condemnor, it agents, or its
contractors will restore the property within the temporary construction easement, upon its expiration,
to the condition in which it was received.
AGREEI~ JUDGMENT - Page 2
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IT IS FURTHER ORDERED that the Condenmee, William F. Callejo, Trustee, have and
receive as additional compensation One Hundred Thousand and No/100 Dollars ($100,000.00) of
impact fee credits concerning the development, in whole or in part(s), of the tract of land set forth in
Exhibit "E," attached hereto and incorporated herein by reference, and that such Credits shall be
attributed in accordance with the direction of the owner of said property William F. Callejo; Trustee,
and that such impact fee credits are transferable and assignable, in whole or in part(s), to subsequent
purchasers of the property and/or any portion thereof as may be directed by William F. Callejo,
Trustee, and that any such assignment or transfer of such credits, the City of Coppell, Texas shall
receive notice of the transfer and assigmnent of such credits as provided for herein by written notice,
delivered by certified rrmil.
IT IS FURTHER ORDERED that the temporary construction easement as herein granted, as
set forth in Exhibit "D," shall expire on or before September 1, 2000.
IT IS FURTHER ORDERED that there are no other assessments or charges, other than ad
valorera property taxes, if any, against the property subject to condemnation or the remainder
thereof, except as set forth herein, as of the date of entry of this Judgment. However, as the result of
future development appropriate ordained development fees will be imposed as provided by law,
subject to the impact fee credit granted herein.
IT IS FURTHER ORDERED that all costs be assessed aliifinst the party incurring the same.
IT IS FURTHER ORDERED that any such writs or process that may be necessary in
enforcing this Judgment shall issue.
AGREF. D JUDGMI~.NT - Page 3
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IT IS FtlR.TER ORDERED that all relief not granted herein be denied.
APPROVED AS TO FORM AND CONTENT:
CHARLES A. SALAZAR
Attorney for City of Coppell, Texas
WILL~~:
Trustee
C F., ^. _~_~~BL~
Mayor
AGRF. i:-D JUDGMI~.NT - Page 4
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METES AND BOUNDS DESCRIPTION OF PROPOSED ACQUISITION AREA
EXHIBIT "A"
RIGHT-OF-WAY PARCEL
METES AND BOUNDS DESCRIPTION
BEING 0.4936 of an acre tract of !and situated in the 3'ohn E. Holland Survey, Abstract No. 614, the City of
Coppcil, Dallas County, Texas and being a portion of a called 130.710 acr~ tract of !and described to
William F. Callcjo, Trustee by deed recorded in Volume 80004, Page 1835, Deed Records of Dallas
County, Texas (DRDCT), 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°51'36'' West along the southerly line of said Callejo tract of land, a distance of 22.0[
fcct to the POINT OF BEGINNING
THENCE North 88°51 '36" West continuing along said southerly !inc, a distance of 9.72 feet to a Vz inch
iron rod set for corner in the proposed westerly right-of-way line of Copp¢!! Road;
THENCE North 03°20'34'' East, along said proposed westerly right-of-way line, a distance of 2226.93 rcet
to a ~ inch iron rod s~:t rot corner in thc northerly line or said Ca!lcjo tract of land, same being the
southerly line or Phase 1, Block !, One Twenty One Busincss Park as dcscribcd by plat rccordcd in
Volume 81094, Page 2568. DRDCT;
THENCE South 86°2Y 12" East, along the northerly line of said Callcjo tract of land and the southerly line
of said Phase I, Block 1, One Twenty One Business Park, at a distanc~ of 4.60 feet passing a Vz inch iron
rod found for the southeast corner of said Phase 1, Block i, 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 03°20'24" West, a distancc of 1226.5 1 feet to the POINT OF BEGINNING;
CONTAINING a computed area of 21,505 square feet or 0.4936 acres of land,
Evaluation Associates
PROPOSED ACQUISITION MAP
EXHIBITS ~4' & 'B'
4.EO~
S86'23' I
I0.01'
I
EXHIBIT 't9'
IO.FOOT SLOPE EASEMENT
0,5113 OF AN ACRE
22271 SO, FT.
POINT OF BEGINNING , EXHI81T
N88"51'36"'W
'1"'60'
<
· --- AqEA CALLED TO 8~'
WITHIN COPPELL ROAD
1214 ACRES *
VOL BOOO'I, PG,18 3 5
E!~~,BEG, WNING
1'He r. AST[JI.Y IJ4C OF THE ~ F. CALLrJQ
TR,~T Olr ~ N4O T~[ ~ISTI~ 'KSTERLY RIGHT-Or~WAY
LK QIr ~ RO/O KI4G SOUTI4 eLY 20'34' Wf. Sr
Evaluation Assocbdes
METES AND BOUNDS DESCRIPTION OF PROPOSED ACQUISITION AREA
EXHIBIT "B"
1 O-FOOT SLOPE EASEllENT
METES AND BOUNDS DESCPaPTION
BEING a 0.5113 of an acre tract of land situated in the lohn 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. Callejo, Trustee by deed recorded in Volume 80004, Page 1835, Det..d Records of Dallas
County, Texas (DRDCq"), said 0.5113 of an acre tract of land being more particularly described as follows:
COMMENCING at the southeast comer of said Callejo tract of land;
THENCE North 88E51 '36" West along ~e southerly line of said Callejo tract of land, a distance of 3133
feet to the POINT OF BEGINI'fl~G;
THENCE North 88E51 '36" West, continuing along the southerly line of said Callejo tract of land 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 10.01 feet to a point for comer;
TI-IENCE North 03E20'34" East, a distance of 2227.36 feet to a point for comer in the northerly line of
said Callejo tract of land, same being the southerly line of Phase I, 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 1, 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 POlh'T OF BEGINNING;
CONTAINING a computed area of 22.271 square feet or 0.5113 of an acre of land.
· HOOGI ·
o
Evaluation Associates
EXHIBIT
METES AND BOUNDS DESCRIPTION OF PROPOSED ACQUISITION AREA
EXHIBIT "C"
DRAINAGE EASEMENT
METES AND BOUNDS DESCRIPTION
BEING a 0.2342 of an afro tract of land situatal in the Iohn E. Holland Survey, Abstract No. 614, tho 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 rccordcd in Volume 80004, Page 1835, Dccd Records of Dallas
County, Texas (DRDCT), said 0.2342 of an acre tract of !and being more particularly dcscribcd as follows:
COMMENCING at the southeast corner of said Calicjo tract of land, same being in the existing westerly
right-of-way line of Coppel[ Road (a 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 1842.87 feet to the POINT OF BEGINNING;
THENCE North 86'39'26" West, a distance of 60.00 feet to a point for corner;
THENCE North 03°20'34" East, a distance of 170.00 fcct to a point for corner;
THENCE South 86°39'26'' East, a distance of 60.00 feet to a point for corner;
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.
Evaluation Associates
EXHIBIT
( ~'C tt
METES AND BOUNDS DESCRIPTION OF PROPOSED ACQUISITION AREA
EXHIBIT "D"
TEMPORARY' CONSTRUCTION EASEMENT
METES AND BOUNDS DESCRIPTION
BEING a 0.4293 of an acre tract of land situated in the 3ohn E. Holland Survey, Abstract No. 614, the City
of Coppe!l, Dallas County, Texas and being a portion of a called 130.710 acre tract of !and described to
William F. Callcjo, Trustee, by deed recorded in Volume 80004, Page I835, Deed Records of Dallas
County, Texas (DRDCT), said 0.4293 of an acre tract of land being more particularly described as follows:
COMMENCING at the southeast corner of said Callejo tract of !and, same being in the existing westerly
right-of-way line of Coppcll Road (a variable width right-of-way);
THENCE North 88'51 '36" West along the southerly line of said C.a!!ejo 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 a point for corner,
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.
" " 19(HIBff
Evtlution A~:htu