ST9801-ES000410CAUSE NO. 99-07200-e
THE CITY OF COPPELL, TEXAS,
Plaintiff,
WILLIAM F. CALLEJO, TRUSTEE,
Defendan~
IN THE COUNTY COURT
AT LAW NUMBER FIVE
OF DALLAS COUNTY, TEXAS
AGREED JUDGMENT
On the day of
2000, came known to be heard the above-
entitled and numbered cause, and the City of Coppell, Texas, Condemnor, by and through its
attomey of record, and also came the Condenmee, William F. Callejo, and the parties state that they
have entered into an agreed judgment concerning 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 conceming 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 hereinafter 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 ($100,000.0_o0)as damages resulting from
this condemnation; that William F. Callejo, Trustee, is entitled to withdraw from the registry of this
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Court in the amount of Eighty-One Thousand and No/100 Dollars ($81,000.00), plus interest, if
any; in addition, the City of Coppell, Texas shall pay the rest and remainder of the compensation in
the amount of Nineteen Thousand and No/100 Dollars ($19,000.00) upon execution of this
Judgment.
IT IS FURTHER ORDERED that a transitional slope easement 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 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 ely for surface
purposes and uses solely incidental to drainage purposes. As used herein, the term "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 use of same for
Cppurposes of access, parking ' clusion as part of any municipal building setback requirements~~"r~
and tn .
IT IS FURTHER ORDERED that the Condemnor, its agents, and its contractors, solely at
their peril, jointly and severally, may store construction 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 Coppell Road within
the temporary construction easement described in Exhibit "D"; the Condenmor, 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.
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l' I
IT IS FURTHER ORDERED that the Condemnee, 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
/ath'i ~
buted in accordance with the direction of the owner of said property William F. Cailejo;
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.
Calle. jo, Trustee, and that any such assignment or transfer of such credits, the City of Coppell,
Texas shall receive notice of the transfer and assignment of such credits as provided for herein by
written notice, delivered by certified mail.
IT IS FURTHER ORDERED that the temporary construction easement as herein granted,
ORDERED ~ ~ere ~e no o~~~
O~E~D ~at ~ere ~e no o~ ~sessments or ch~ges ad
valorem prope~ rues, e
IT IS FUR~ER O~E~D ~at ~1 cosB be ~sess~ ag~st ~~ inc~ng ~e sine.
IT IS FURTHER ORDERED that any such writs or proc~S's that may be necessary in
/
enforcing this Judgment shall issue. /,~
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IT IS FURTHER ORDERED that all relief not granted herein be denied.
SIGNED this day of ,2000.
JUDGE PRESIDING
APPROVED AS TO FORM AND CONTENT:
CHARLES A. SALAZAR
Attomey for William F. Callejo
WILLIAM F. CALLEJO
Trustee
ROBERT E. HAGER
Attomey for City of Coppell, Texas
CANDACE SHEEHAN
Mayor
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