Vistas of C 1stP-AG 970114The City With ^ Beautiful Future
AGENDA REQUEST FORM
' CITY COUNCIL MEETING:
ITEM CAPTION:
January 14, 1997
ITEM
Consider approval of the "Conveyance of Existing Facilities and Assignment of Contract" from the
Denton County Road Utility District No. 1 (RUD) to the City of Coppell and authorizing the
Mayor to sign.
SUBMITTED ~.' Kenneth M. Griffin, P.E.
TITLE :X,. Dir. of Public Works/City Engineer
STAFF RECOMM~ ..... Approva~l~ Denial
STAFF COMMENTS:
See attached memo.
BUDGET AMT.$
FINANCIAL COMMENTS:~~
AMT. EST.$ +/- BUD:$
DIR. INITIALS: ~ FIN. REVIEW~
Agenda Request Form - Revised 6/96
CITY MANAGER REVIEW.'~
Document Name eng.3
To:
From:
RE:
Date:
Mayor and City Council
Kenneth M. Griffin, P.E., Director of Public Works/City Engineer ~
Consider approval of the "Conveyance of Existing Facilities and Assignment
of Contract" from the Denton County Road Utility District No. 1 (RUD) to
the City of Coppell and authorizing the Mayor to sign.
January 6, 1997
The City of Coppell has been working with Vista Properties, Inc., Lewisville, TxDOT and
RUD concerning drainage associated with the construction of the S.H. 121 Bypass and
Denton Tap Road. Council may recall that in April 1996 a Development Agreement for
drainage improvements was approved by Council between the City of Coppell and Vista
Partners. That Drainage Improvement Agreement allowed the City of Coppell to discharge
water into an existing 10'xl0' box culvert, thereby reducing the overall drainage
construction cost associated with Denton Tap Road. The final step in the City of Coppell
acquiring ownership of the drainage improvements is the execution of the "Conveyance of
Existing Facilities and Assignment of Contract" from the RUD to the City of Coppell. Once
it has been signed by the Mayor, that document, along with a Quit Claim Deed from the
City of Lewisville to Vista Properties and a Quit Claim Deed from Vista Properties to the
City of Coppell will be filed with the County, thereby releasing all rights of Vista
Properties, the City of Lewisville and RUD on the existing drainage improvements.
The Quit Claim Deeds have been reviewed by the City Attorney and no further action is
required on them except for filing with the County. The "Conveyance of Existing Facilities
and Assignment of Contract" has also been reviewed by the City Attorney and only requires
the Mayor's signature prior to being filed with the County. This action will be the
culmination of approximately a 1 1/2 year process to secure improvements that were
constructed in the late 1980s when the Vista Property was believed to be within the City of
Lewisville.
Staff recommends approval of authorizing the Mayor to sign the contact and will be
available to answer questions at the Council meeting.
CONVEYANCE OF EXISTING FACILITIES
,,AND ASSIGNMENT OF CONTRACT
THE STATE OF TEXAS
COUNTY OF DENTON
THIS Conveyance of Existing Facilities and Assignment of
Contract (this "Conveyance") is made and entered into by Denton
County Road Utility District No. 1 (hereinafter referred to as the
"RUD") and the City of Coppell, Texas (the "City").
WITNESSETH:
W-6EREAS, the RUD has constructed a 10-foot wide by 10-foot
high box culvert, extending approximately 1,120.14 feet from Denton
Creek to Spur 553 within the 20-foot drainage easement described in
the attached Exhibit "A" (the "Box Culvert") pursuant to ~ha~
certain construction contract titled Paving and Drainage, Spine
Road, Denton Tap Road to I.H..35-E, with Mario Sinacola & Sons
Excavating, Inc., da~ed July 22, 1987 (the "Constructi6n
Contract"); and
WHEREAS, construction of all the facilities pursuant to the
Construction Contract have been completed, including construction
of the Box Culvert; and
WHEREAs, the RUD is willing to convey the Box Culvert to the
City; and
WHEREAS, the City is willing to accept the conveyance of the
Box Culvert and assume responsibility for %he operation and
maintenance thereof.
NOW, THEREFORE, for and in consideration of $10.00 and other
good and valuable consideration paid to the RUD by the City, the
receipt and adequacy of which is hereby acknowledged, the RUD and
the City agree as follows:
1. The RUD does hereby transfer, grant, sell,
convey, assign and deliver to the City, its successors
and assigns, without warranty or representation, except
as expressly provided herein, all of the RUD's right,
title and interest in and to the Box Culver: constructed
pursuant to the Construction conurac~ including any and
all warranties running to the owner of the Box Culvert.
2. The RUDherein specifically makes the following
representations and warranties;
a. The RUD has the full legal right and
authority to execute this Conveyance.
b. Heretofore, the RUD has never conveyed
the Box Culvert to any Other party and is not a
party to any written or oral contract which
adversely affects this Conveyance,. and is not
subject to any bylaw, agreement, mortgage, lien,
lease, instrument, order, judgment, decree, or
other restriction of any kind or character which
would prevent the execution of this Conveyance.
c. The RUD is not engaged in or threatened
with any legal action or proceeding, nor is it
under any investigation, which would prevent the
execution of this Conveyance.
d. The person executing this Conveyance on
behalf of RUD has full authority to do so, and no
further official action need be taken by the RUD to
validate this Conveyance.
3. The RUD and the City each represents that it
has not used any agent o= broker to bring about this
Conveyance and agrees that n9 fee is due any agent or
broker by reason hereof.
IN WITNESS WHEREOF, the RUD and the City have caused their
names to be hereunto subscribed.
EXECUTED AND EFFECTIVE as of the 10th day of December,
Denton~unt~w-~Oad ~lity
Barry Pdund, -Chairman
CITY:
City of CopDei1, Texas
Its:
THE STATE OF TEXAS
THE STATE OF TEXAS
cou r or
This instrument.was acknowledged before me On the/D~ day
of~~-~ 1996, by Barry Pound, Chairman of Denton Count~-Road -
Utility District No. 1, a political subdivision, on behalf of said
subdivision.
Notary Public
5'rate of Texas
THE STATE OF TEXAS
Skate of T E
Name printed or typed
My commission expires
n This instrument was ackn93~ledged before me on the ~da
~ -- / y of
the ' - - ': f~ '
Nota~ Publi~ in and for the
State of T E X A S
Name printed or ~ed
My co~ission expires:
10' X 10' DRAINAGE BOX
BEING a centerline description of a reinforced concrete box culvert situated in the
Clarinda Squires Survey, Abstract No. 1327 and the G.C. Woolsey Survey, Abstract No.
1402 in the City of Coppell, Dallas County, Texas and being part of a storm sewer plan as
shown on sheet 53 of 86 of the construction plans by Dannenbaum Engineering
Corporation, dated February, 1986 and being part of Lot 1 in Block "G" of Vista Ridge,
an addition to the City of Lewisville as recorded in Cabinet "F", Page 271 of the Plat
Records of Denton County, Texas, said centefline being more particularly described as
follows:
BEGINNING at a point on the south line of Vista Ridge Boulevard (a variable
width right-of-way), said point being station 12+76.62 of the above said construction
plans;
THENCE S. 00°45'51'' W., 1120.14 feet to the end of said 10' x 10' concrete
box, station 1+56.48.
file/esmt.9510 I.a
EXHIBIT
CONVEYANCE OF EXISTING FACILITIES
AND ASSIGNMENT OF CONTRACT
THE STATE OF TEXAS
COUNTY OF DENTON
THIS Conveyance of Existing Facilities and Assignment of
Contract (this "Conveyance") is made and entered into by Denton
County Road Utility District No. 1 (hereinafter referred to as the
"RUD") and the City of Coppell, Texas (the "City").
WITNESSETH:
WHEREAS, the RUD has constructed a 10-foot wide by 10-foot
high box culvert, extending approximately 1,120.14 feet from Denton
Creek to Spur 5§3 within the 20-foot drainage easement described in
the attached Exhibit "A" (the "Box Culvert") pursuant to that
certain construction contract titled Paving and Drainage, Spine
Road, Denton Tap Road to I.H..3§-E, with Mario Sinacola & Sons
Excavating, Inc., dated July 22, i987 (the "ConstructiOn
Contract"); and '
WHEREAS, construction of all the facilities pursuant to the
Construction Contract have been completed, including construction
of the Box Culvert; and
WHEREAs, the RUD is willing to convey the Box Culvert to the
City; and
WHEREAS, the City is willing to accept the conveyance of the
Box Culvert and assume responsibility for the operation and
maintenance thereof.
NOW, THEREFORE, for and in consideration of $10.00 and other
good and valuable consideration paid to the RUD by the City, the
receipt and adequacy of which is hereby acknowledged, the RUD and
the City agree as follows:
1. The RUD does hereby transfer, grant, sell,
convey, assign and deliver to the City, itt successors
and assigns, without warranty or representation, except
as expressly provided herein, all of the RUD's right,
title and interest in and to the Box Culvert constructed
pursuant to the Construction Contract including any and
all warranties running to the owner of the Bo~ Culvert.
2. The RUDherein specifically makes the following
representations and warranties;
a. The RUD has the full legal right and
authority to execute this Conveyance.
b. Heretofore, the RUD has never conveyed
the Box Culvert to any other party and is not a
party to any written or oral contract which
adversely affects this Conveyance,. and is not
subject to any bylaw, agreement, mortgage, lien,
lease, instrument, order, judgment, decree, or
other restriction of any kind or character which
would prevent the execution of this Conveyance.
c. The RUD is not engaged in or threatened
with any legal action or proceeding, nor is At
under any investigation, which would prevent the
execution of this Conveyance.
d. The person executing this Conveyance on
behalf of RUD has full authority to do so, and no
further official action need be taken by the RUD to
validate this Conveyance.
3. The RUD and the City each represents that it
has not used any agent o= broker to bring about.this
Conveyance and agrees that n9 fee is due any agent or
broker by reason hereof.
IN WITNESS WHEREOF, the RUD and the City have caused their
names to be hereunto subscribed.
EXECUTED AND EFFECTIVE as of the 10th day of December, 1996.
Denton~unt~ad ~ lity
By: .-~4~ ~ ~
Barry Pdund, -Chairman
CITY:
City of Coppei1, Texas
THE STATE OF TEXAS
A
THE STATE OF TEXAS
~ This instrument was acknowledged before me On the/~ day
of:33~~-~ 1996, by Barry Pound, Chairman of Denton County-'------Roa~'
Utility District No. 1, a political subdivision, on behalf of said
subdivision.
THE STATE OF TEXAS
Notary
State of
Name printed or typed
My commission expires:
COUNTY
S
$
This instrument. ~as ack~owledge_d before me on the /~.~ day of
.~_~jr~_ ~ , 1995, by
~he C~y of Coppell, on-behalf of said city.
Nota~ Public in and for ~he
S~ate of T E X A S
Name printed or ~yped
My commission expires:
10' X I0' DRAINAGE BOX
BEING a centerline description of a reinforced concrete box culvert situated in the
Clarinda Squires Survey, Abstract No. 1327 and the G.C. Woolsey Survey, Abstract No.
1402 in the City of Coppell, Dallas County, Texas and being part of a storm sewer plan as
shown on sheet 53 of 86 of the construction plans by Dannenbaum Engineering
Corporation, dated February, 1986 and being part of Lot 1 in Block "G" of Vista Ridge,
an addition to the City of Lewisville as recorded in Cabinet "F", Page 271 of the Plat
Records of Denton County, Texas, said centerline being more particularly described as
follows:
BEGINNING at a point on the south line of Vista Ridge Boulevard (a variable
width right-of-way), said point being station 12+76.62 of the above said construction
plans;
THENCE S. 00°45'51" W., 1120.14 feet to the end of said 10' x 10' concrete
box, station 1+56.48.
file./¢smt.9510ta
EXHIBIT
CONVEYANCE OF EXISTING FACILITIES
..AND ASSIGNMENT OF CONTRACT
THE STATE OF TEXAS
COUNTY OF DENTON
041181'{7
Deed
760566
4707~ $15. ~
THIS Conveyance of Existing Facilities and Assignment of
Contract (this "Conveyance") is made and entered into by Denton
county Road Utility DistrAct No. 1 (hereinafter referred to as the
"RUD") and the City of Coppell, Texas (the "City").
WITNESSETH:
WHEREAS, the RUD has constructed a 10-foot wide by 10-foot
high box culvert, extending approximately 1,120.14 feet from Denton
Creek %o Spur 553 within the 20-foot drainage easement described in
the attached Exhibit "A" (the "Box Culvert") pursuant to that
certain construction contract titled Paving and Drainage, Spine
Road, Denton Tap Road to I.H..3~-E, with Marlo Sinacola & Sons
Excavating, Inc., da=ed July .22, i987 (the "ConstructiOn
Contract"); and
WHEREAS, construction of all the facilities pursuant to the
Construction Contrac~ have been completed, including construction
of the Box Culvert; and
WHEREAs, the RUD is willing to convey the Box Culvert to the
City; and
WHEREAS, the City is willing to accept the conveyance of the
Box Culvert and assume responsibility for the operation and
maintenance thereof.
NOW, THEREFORE, for and in consideration of $10.00 and other
good and valuable consideration paid to the RUD by the City, the
receipt and adequacy of which is hereby acknowledged, the RUD and
the City agree as follows:
1. The RUD does hereby transfer, grant, sell,
convey, assign and deliver to the City, its successors
and assigns, without warranty or representation, e~cept
as expressly provided herein, all of the RUD'~ right,
~i~le and interest in and to the Box Culvert cons=ruc~ed
pursuant to the Construction Contrac~ including any and
all warranties running to the owner of the Box Culvert.
2. The RUDherein specifically makes the following
representations and warranties;
a. The RUD has the full legal right and
authority to execute this Conveyance.
97076 02792
b. Heretofore, the RUD has never conveyed
the Box Culvert to any other party and is not a
party to any written or oral contract 'which
adversely affects this Conveyance,. and is not
subject to any bylaw, agreement, mortgage, l£en,
lease, instrument, order, judgment, decree, or
other restrict/on of any kind or character which
would prevent the execution of this Conveyance.
c. The RUD is not engaged in or threatened
with any legal action or proceeding, nor is it
under any investigation, which would prevent the
execution of this Conveyance.
d. The person executing this Conveyance on
behalf of RUD has full authority =o do so, and no
further official action need be taken by the RUD to
validate this Conveyance.
3. The RUD and the City each represents that it
has not used any agent o~ broker to bring about.this
Conveyance and agrees that n9 fee is due any agent or
broker by reason hereof.
IN WITNESS WHEREOF, the RUD and the City have caused their
names to be hereunto subscribed.
EXECUTED AND EFFECTIVE as of the 10th day of December, 1996.'
Denton~unt~oad ~ lity
Barry Pdund, -Chairman
CITY:
City of Coppei1, Texas
THE STATE OF TEXAS
97076 02793
THE STATE OF TEXAS
This instrumentwas acknowledged before me on the/D~ day
of~~6~_~ 1996, by Barry Pound, Chairman of Denton Count~-Road-
Utility District NO. 1, a political subdivision, on behalf of said
subdivision.
Notary Public
State of Tex~
S~ate of T ~- ~A S ~-'
Name printed or typed
My co~u~ssion expires
THE STATE OF TEXAS
COUNTY OF ~
yinstrument wps ackn.~ledged befoTe me on the/.~; day of
Not~ry Public in and for the
S~ate of T E X A S
Name printed or typed
My commission ex~ires:
3
97076 0279q'
10' X 10' DRAINAGE BOX
BEING a centerline description of a reinforced concrete box culvert situated in the
Clarinda Squires Survey, Abstract No. 1327 and the G.C. Woolsey Survey, Abstract No.
1402 in the City of Coppell, Dallas County, Texas and being part of a storm sewer plan as
shown on sheet 53 of 86 of the construction plans by Dannenbaum Engineering
Corporation, dated February, 1986 and being part of Lot I in Block "G" of Vista Ridge,
an addition to the City of Lewisville as recorded in Cabinet "F", Page 271 of the Plat
Records of Denton County, Texas, saic} centedine being more particularly described as
follows:
BEGINNING at a point on the south line of Vista Ridge Boulevard (a variable
width right-of-way), said point being station 12+76.62 of the above said construction
plans;
THENCE S. 00°45'51" W., 1120.14 feet to the end of said 10' x 10' concrete
box, station 1+56.48.
file./esmt.95101 a
EXHIBIT
97076 02795
96LZ;O 9/..0/..6
Ajay provision here;n which restricts the sale, rental, or uti of tho
describe~ real Property because of color or race is invadid and
unenforceable under federal law.
STATE OF TEXAS COUNTY OF DALLAS
I hereby certify this instrument was filed on the date an~J ',~me
stamped hereon by me and was duly recorded in the velume ond
pa~e of the named records of Dallas County, Tezas as staml)ed
hereon by me,
APR 18 f997
~COUNTY LERK, Dallas County, Tex~l
· City W1~h A B~ti~l F~
AGENDA REQUEST FORM
CITY COUNCIL MEETING=
ITEM CAPTION:
January 14, 1997
ITEM
Consider approval of the "Conveyance of Existing Facilities and Assignment of Contract" from the
Denton County Road Utility District No. 1 (RUD) to the City of Coppell and authorizing the
Mayor to sign.
SUBMITTED ~/~'/jKenneth M. Griff'm, P.~
TITr.g.~~D~r. of Public Works/City Engin~r /
STAFF RECO~~: Approval X~/ Deni&l
STAFF COMMENTS:
See attached memo.
BUDGET AMT. $
FINANCIAL COMMENTS
DIR. INITIALS: %
Agend~ Reque~ Form - RevVed 6196
AMT. EST.$
FIN. REVIEW~
+/- BUD:$
CITY MANAGER REVI~~
Documcm Nam~ c~.3