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PA1503-CS180615T H E • C 1 T Y • O F COPPELL June 15, 2018 The MacDonald Family Trust UTA 711 Armada Terrace San Diego, California 921063032461 RE: MacArthur Trail Project Sidewalk Easement Dear Property Owner, The City of Coppell intends to construct the MacArthur Trail Project. The project consists of the installation of an 8 foot hike and bike trail, curb ramps & driveway transitions along the east side of MacArthur Blvd, from Deforest Road to Bethel School Road as shown in the Trails Master Plan. We are requesting a sidewalk easement along the frontage of your property adjacent to MacArthur. The project is scheduled to advertise this year and we need to acquire the easements as soon as possible. Enclosed are copies of the easement document. If this is acceptable, please execute the easement and return to this office. Your consideration of this matter is appreciated. Should you have any questions regarding these documents, please contact me at the number below. Sincerely, 01 George . Marshall, P.E. Engineering Department City of Coppell 265 Parkway Blvd Office: 972-304-3562 gmarshall6koppelltx. gov Enclosures: Design Plan Sheets Sidewalk Easement to be executed Exhibit A & B Texas Land Owners Bill of Rights 255 PARKWAY * P.O. BOX 9478 * COPPELL TX 75019 * TEL 072 402 0022 * FAX 972 304 3073 aFR --a 0 I N W w W Z N = W Q v . I I STA 64+00 - STA 68+00 Chase , KIMBEL ADDITTS ORION, Bank 8T KIMBEL ADDITION, LOTS OR, / (INST. NO. 20070358584) gi 9R, 10R, 12R k 14R CCT OWNERS LLC 3 (INST. NO. 20070358584) � \ (INST. NO. 201300310421)log 9 isting 25X256 sement jBlue) I I ----------------''� CCL.JCIIM1IL `FUl[.11c] ' L T KIMBEAdRON, •CO NST. NO. KIMBELADDITIN,0) (INST. NO. 20670358584) ( / (INST. NO. 20070358584) i I ------------------------/ <z IHNS USA INC ' 101. PG. 5240) (INS. ----1—' — o 0 00 +Ij 6/I 11.1r1111�(�:I N W ' Z Z Q d _ --- -------------- €a I a 0 O I TRAIL EASEMENT EXHIBIT MACARTHUR BOULEVARD TRAIL STA 64+00 - STA 72+00 _ r 0+0 I I I +0 p I I I N .1: � 1, (,.' iP. F 4. i 5 b1 .'�.'( •4:..;:: 1111:. I -v i 1 t':'41:.f � 1 �-� i.-:�5 i l-:-�i,. 014 i I 1145i "il +i � �I�j�IJii Ilii! i .l� '�i 01!01 y5u�l �t ii :y �r� ( T��I.: Y Q L� xaP III I IIF'1, 14 � NII n;I• ..d.a.:7,. y, ,I is .; .P .. .n.:.i,. ..i�... th.,1 .... _� ..•Y .ai44�.i i-11�. -. :i?. � I .I ..L.. �..I:..t!i!N .. ...I ';.'i.l / 4!:1 ,II V) LIJ W Z Z = r �w LQ STA 68+00 - STA 72+00 d x CD INTERIM REVIEW T E DOGAENI9 AK KRpM 1011 YOF1.1 RlNEN a,Lr N. 11of fa 6 Fm m I WWm MaErra Na101A2 MUM TDVS wAffmrw H,11.DI 23M o to zo 4o eD GRAPHIC SCALE IN FEET _' araasr wvn SHEET INDEX MAP (NOT TO SCALE) STA 64+00-72+1 SHEET EX1 L E G E 1—! C=> f:-:::a•-i�C,'Ys PROPERTY UNE >:\�[,ty[ 4' REINFORCED —_ – –– EASFA/ENT LINE ' CONCRETE _ PROPSED SIDE WALK EASEMENT REINFORCEO EXIS STRI PPEO CONCRETE RNC TREE ii C/TYOFCOPPM, DALLAS COUNTY, TEXAS LIES/CN DRAWN DATE SCALE NOTES HLE M. NGN LAK AUG 1. 20' EX1 ■9 PX F1LE1 3642-14.428 DWO NLE: EASEMENT EXHIBITDXO a 0 NO. OATS REY/S/ON m N 100 MESTERPLACE. WTE 1001 j Pacheco Kocoei WORTH, ,x 76107 617.414.7165 iX REG ENgNEERING FlRM F-469 DALLAS •• FORIWORTH ...HOUSTON TXX REG SURVEYING FIRM LS -100080-01 TRAIL EASEMENT EXHIBIT MACARTHUR BOULEVARD TRAIL STA 64+00 - STA 72+00 C/TYOFCOPPM, DALLAS COUNTY, TEXAS LIES/CN DRAWN DATE SCALE NOTES HLE M. NGN LAK AUG 1. 20' EX1 ■9 PX F1LE1 3642-14.428 DWO NLE: EASEMENT EXHIBITDXO SIDEWALK EASEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF DALLAS § THAT the term Grantor used herein shall be construed in the singular or plural number as such term respectively represents one or more than one person. THAT, THE MACDONALD FAMILY TRUST UTA, known herein as GRANTOR, in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration in hand paid by the City of Coppell, Texas, ("GRANTEE"), receipt of which is hereby acknowledged, does by these present grant, bargain, sell and convey unto GRANTEE, the free and uninterrupted use, liberty and privilege of passage in, along, upon and across the following described property owned by GRANTOR (the "Easement") for the purpose of constructing a public or pedestrian right-of-way sidewalk across GRANTOR'S main tract with the right and privilege at all times, of the GRANTEE herein, its agents, employees, workmen and representatives having ingress, egress, and regress in, along, upon and across said premises (the "Easement") for the purpose of making additions to, improvements on and repairs to said sidewalk or any part thereof. Said Easement being described in Exhibits "A" and "B" attached hereto and made a part hereof for all purposes. That in consideration of the benefits above set out, GRANTEE will remove from the Easement, such fences, buildings and other obstructions as may be found upon said property. After construction of the sidewalk has been completed, GRANTEE shall, except for removed obstructions, return the surface area of the Easement to its original condition as nearly as practical taking into consideration the nature of the work being performed. GRANTOR reserve the right to use and maintain the surface of the Easement for purposes which will not interfere with GRANTEE'S rights hereby granted and agree that upon completion of the sidewalk improvements and restoration of the surface, GRANTEE shall not be obligated for future maintenance and upkeep of the surface area. TO HAVE AND TO HOLD unto the City of Coppell, Texas, its successors or assigns for the purposes aforesaid, the premises above described. EXECUTED this day of Al� ► • ; )2018. STATE OF TEXAS § COUNTY OF DALLAS § This instrument was acknowledged before me on the day of a My Commission Expires: , 2018, by of , corporation, on behalf of said corporation. Notary Public, State of Texas Type / Print Name of Notary EXHIBIT "A" SIDEWALK EASEMENT Part of Lot 8R, Kimbel Addition B.B.B. and C. R.R. Co. Survey, Abstract No. 199 City of Coppell, Dallas County, Texas DESCRIPTION, of a 78 square foot (0.001 acre) tract (TRACT 1) and a 112 square foot (0.003 acre) tract (TRACT 2) of land situated in the B.B.B. & C. R.R. Co. Survey, Abstract No. 199, City of Coppell, Dallas County, Texas; said tracts being part of Lot 8R, Kimbel Addition an addition to the City of Coppell according to the plat recorded in Instrument No. 20070358584 of the Official Public Records of Dallas County, Texas; said tract being part of that tract of land described in Special Warranty Deed to CCT Owners, LLC recorded in Instrument No. 201300310421 of said Official Public Records; said tracts being more particularly described as follows (bearing system for this survey is based on the City of Coppell's published control network and the Texas State Plane Coordinate System - NAD 83(2011), North Central Zone 4202, based on observations at CP09, CP12, CP20 made on November 17th, 2014 with an applied combined scale factor of 1.000136506): TRACT 1 COMMENCING, at a PK -nail found at the intersection of the east right-of-way line of MacArthur Boulevard (a 100 -foot wide right-of-way) and the south right-of-way line of Village Parkway (a variable width right-of-way); said point being the northwest corner of said Lot 8R; THENCE, South 03 degrees, 28 minutes, 55 seconds East, along the said east line of MacArthur Boulevard and west line of said Lot 8R, a distance of 25.00 feet to the POINT OF BEGINNING; THENCE, North 41 degrees, 33 minutes, 29 seconds East, departing the said east line of MacArthur Boulevard and said west line of Lot 8R, a distance of 8.84 feet to a point for corner; THENCE, South 07 degrees, 49 minutes, 35 seconds West, a distance of 31.88 feet to a point for corner in the said east line of MacArthur Boulevard and said west line of Lot 8R; THENCE, North 03 degrees, 28 minutes, 55 seconds West, along the said east line of MacArthur Boulevard and said west line of Lot 8R, a distance of 25.02 feet to the POINT OF BEGINNING; CONTAINING: 78 square feet or 0.001 acres of land, more or less. TRACT 2 COMMENCING, at a PK -nail found at the intersection of the east right-of-way line of MacArthur Boulevard (a 100 -foot wide right-of-way) and the south right-of-way line of Village Parkway (a variable width right-of-way); said point being the northwest corner of said Lot 8R; THENCE, South 03 degrees, 28 minutes, 55 seconds East, along the west line of said Lot 8R and the said east line of MacArthur Boulevard, a distance of 179.92 feet to the POINT OF BEGINNING; THENCE, South 11 degrees, 26 minutes, 59 seconds East, departing said west line of Lot 8R and the said east line of MacArthur Boulevard, a distance of 40.40 feet to a point for corner in the south line of said Lot 8R; PAGE 1 OF 2 EXHIBIT "A" SIDEWALK EASEMENT Part of Lot 8R, Kimbel Addition B.B.B. and C. R.R. Co. Survey, Abstract No. 199 City of Coppell, Dallas County, Texas THENCE, South 86 degrees, 35 minutes, 53 seconds West, along said south line of Lot 8R, a distance of 5.60 feet to a "+" cut in concrete found for the southwest corner of said Lot 8R in the said east line of MacArthur Boulevard; THENCE, North 03 degrees, 28 minutes, 55 seconds West, along said west line of Lot 8R and the said east line of MacArthur Boulevard, a distance of 40.00 feet to the POINT OF BEGINNING; CONTAINING: 112 square feet or 0.003 acres of land, more or less. (A survey plat of even survey date herewith accompanies this description.) The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing description accurately sets out the metes and bounds of the easement tracts described. r g//Z,// s— Michael Cleo Billingsley Date Registered Professional Land Surveyor No. 6558 Pacheco Koch, LLC 6100 Western Place, #1001, Fort Worth TX 76107 (817) 412-7155 TX Reg. Surveying Firm LS -10193824 3642-14.426EX21.doc 3642-14.426EX21.dwg CAE PAGE 2OF2 PROPERTY LINE -- - EXISTING EASEMENT LINE EASEMENT LINE O POINT FOR CORNER (UNLESS OTHERWISE NOTED) (C.M.)- /CONTROLLING MONUMENT P. O. C. - POINT OF COMMENCING P.O.B. -POINT OF BEGINNING EXHO o 07 P.O. c. VILLAGE (TRACT 2� PA RK WA Y N 41'33'2 E 8 9".84' P.O.B. (TRACT 1). N 03'28'55" W 25.02' TRACT 1 SIDEWALK EASEMENT 78 SF (0.002 ACRES) SIDEWALK 0 20 40 80 GRAPHIC SCALE IN FEET P.O.B. (TRACT 2)4 N 03'28'55" W 40.00' TRACT 2 EASEMENT 112 SF (0.003 ACRES) PK NAIL VARIABLE WIDTH RIGHT—OF—WAY ( FOUND (C.M.) � N 25'X25' SIDEWALK I M U UTILITY EASEMENT (INST. NO/ 20070358584) S 07'49'35" W 31.88' o 24' FIRELANE, ACCESS & v UTILITY EASEMENT (INST. NO. 20070358584) I m 3 I I LOT 8R m W KIMBEL ADDITION, I I (INST. NO. 20070358584) I CCT OWNERS LLC ` I (INST. NO. 201300310421) � N I 15' WATER EASEMENT f r (INST. NO. 20070358584) 711, 20X20 UTILITY EASEMENT i IN CONCRETE FOUND (C.M.) S 86'35'53" W 5.60' The undersigned, Registered Professional Land Surveyor, hereby certifies that this plat of survey accurately sets out the metes and bounds of the easement tracts described. 0 .:.................-... MICHAEL CLEO BILLINGSLEY .. HAEL .......LING.... 5! 9 6558 Michael Cleo Billingsley Date �yj;°eeg81Q:�y0 Registered Professional SuR� Land Surveyor No. 6558 (INST. NO. 20070358584) I 'I I I I II I S 11'26'59" E ; I 140.40' � i / 134.335', j 6100 WESTERN PLACE, SUITE1001 Pacheco Koch .412.412. FORT WORTH, TX 78107 8177155 1 TX REG. ENGINEERING FIRM F-14439 TX REG. SURVEYING FIRM LS -10193824 DRAWN BY CHECKED BY I SCALE DATE JOB NUABER CAE MCE PMD 1"=40' AUGUST 2015 3642-14.426 NOTES: LOT 9R 1. A metes and bounds description of even survey date herewith accompanies this plat of survey. 2. Bearing system for this survey is based on the City of Coppell's published control network and the Texas State Plane Coordinate System — NAD 83(2011), North Central Zone 4202, based on observations at CP09, CP12, CP20 made on November 17th, 2014 with an applied combined scale factor of 1.000136506. SIDEWALK EASEMENT PART OF LOT 8R KIMBLE ADDITION B.B.B. & C.R.R. CO. SURVEY, ABSTRACT NO. 199 CITY OF COPPELL, DALLAS COUNTY, TEXAS PAGE 1 OF 1 DWG FILE: 3642-14.426FX21.DWG North: 7040619.77' segment #1 . Line course: N41"33'29"E North: 7040626.38' Segment #2 Line course: 57'49'35"w North: 7040594.80' Segment #3 . Line course: N3°28'55"w North: 7040619.77' 3642-14.426EX21 (TRACT 1).txt East: 2440900.39' Length: 8.84' East: 2440906.26' Length: 31.88' East: 2440901.92' Length: 25.02' East: 2440900.40' Perimeter: 65.74' Area: 78 Sq Error closure: 0.01 Error North: 0.006 Precision 1: 6574.00 Ft. course: N32°19'54"E East: 0.004 Page 1 North: 7040452.78' Segment #1 Line Course: S11°26'59"E North: 7040413.19' Segment #2 . Line course: S86°35'53"w North: 7040412.85' segment #3 . Line course: N3°28'55"w North: 7040452.78' 3642-14.426Ex21 (TRACT 2) East: 2440615.70' Length: 40.40' East: 2440623.72' Length: 5.60' East: 2440618.13' Length: 40.00' East: 2440615.71' Perimeter: 86.00' Area: 112 Sq. Ft. Error closure: 0.00 Course: S6"05'20"E Error North: -0.002 East: 0.000 Precision 1: 86000000.00 Page 1 THE STATE OF TEXAS LANDOWNER'S BILL OF RIGHTS PREPARED BY THE e �TEXAS� OFFICE OF THE ATTORNEY GENERAL OF TEXAS STATE OF TEXAS LANDOWNER'S BffLL OF RIGHTS TS This Landowner's Bill of Rights applies to any attempt by the government or a private entity to take your property. The contents of this Bill of Rights are prescribed by the Texas Legislature in Texas Government Code Sec. 402.031 and Chapter 21 of the Texas Property Code. 1. You are entitled to receive adequate compensation if your property is taken for a public use. 2. Your property can only betaken for a public use. 3. Your property can onlybe taken by a governmental entity or private entity authorized by law to do so. 4. The entity that wants to take your property must notify you that it wants to take your property. 5. The entity proposing to take your property must provide you with a written appraisal from a certified appraiser detailing the adequate compensation you are owed for your property. 6. The entity proposing to take your property must make a bona fide offer to buy the property before it files a lawsuit to condemn the property - which means the condemning entity must make a good faith offer that conforms with Chapter 21 of the Texas Property Code. 7. You may hire an appraiser or other professional to determine the value of your property or to assist you in any condemnation proceeding. 8. You may hire an attorney to negotiate with the condemning entity and to represent you in any legal proceedings involving the condemnation. 9. Before your property is condemned, you are entitled to a hearing before a court appointed panel that includes three special commissioners. The special commissioners must determine the amount of compensation the condemning entity owes for the taking of your property. The commissioners must also determine what compensation, if any, you are entitled to receive for any reduction in value of your remaining property. CONDEMNATION PROCEDURE 10. If you are unsatisfied with the compensation awarded by the special commissioners, or if you question whether the taking of your property was proper, you have the right to a trial by a judge or jury. If you are dissatisfied with the trial court's judgment, you may appeal that decision. Eminent domain is the legal authority that certain entities are granted that allows those entities to take private property for a public use. Private property can include land and certain improvements that are on that property. Private property may only be taken by a governmental entity or private entity that is authorized by law to do so. Your property may be taken only for a public purpose. That means it can only be taken for a purpose or use that serves the general public. Texas law prohibits condemnation authorities from taking your property to enhance tax revenues or foster economic development. Your property cannot be taken without adequate compensation. Adequate compensation includes the market value of the property being taken. It may also include certain damages if your remaining property's market value is diminished by the acquisition itself or by the way the condemning entity will use the property. HOW THE TAKING PROCESS BEGINS The taking of private property by eminent domain must follow certain procedures. First, the entity that wants to condemn your property must provide you a copy of this Landowner's Bill of Rights before - or at the same time - the entity first represents to you that it possesses eminent domain authority. Second, if it has not been previously provided, the condemning entity must send this Landowner's Bill of Rights to the last known address of the person who is listed as the property owner on the most recent tax roll. This requirement stipulates that the Landowner's Bill of Rights must be provided to the property owner at least seven days before the entity makes a final offer to acquire the property. Third, the condemning entity must make a bona fide offer to purchase the property. The requirements for a bona fide offer are contained in Chapter 21 of the Texas Property Code. At the time a purchase offer is made, the condemning entity must disclose any appraisal reports it produced or acquired that relate specifically to the property and were prepared in the ten years preceding the date of the purchase offer. You have the right to discuss the offer with others and to either accept or reject the offer made by the condemning entity. CONDEMNATION PROCEEDINGS If you and the condemning entity do not agree on the value of your property, the entity may begin condemnation proceedings. Condemnation is the legal process that eligible entities utilize to take private property. It begins with a condemning entity filing a claim for your property in court. If you live in a county where part of the property being condemned is located, the claim must be filed in that county. Otherwise, the condemnation claim can be filed in any county where at least part of the property being condemned is located. The claim must describe the property being condemned, state with specificity the public use, state the name of the landowner, state that the landowner and the condemning entity were unable to agree on the value of the property, state that the condemning entity provided the landowner with the Landowner's Bill of Rights, and state that the condemning entity made a bona fide offer to acquire the property from the property owner voluntarily. SPECIAL COMMISSIONERS'HEARING After the condemning entity files a condemnation claim in court, the judge will appoint three local landowners to serve as special commissioners. The judge will give you a reasonable period to strike one of the special commissioners. If a commissioner is struck, the judge will appoint a replacement. These special commissioners must live in the county where the condemnation proceeding is filed, and they must take an oath to assess the amount of adequate compensation fairly, impartially, and according to the law. The special commissioners are not legally authorized to decide whether the condemnation is necessary or if the public use is proper. Their role is limited to assessing adequate compensation for you. After being appointed, the special commissioners must schedule a hearing at the earliest practical time and place. The special commissioners are also required to give you written. notice of the condemnation hearing. You are required to provide the condemning entity any appraisal reports that were used to determine your claim about adequate compensation for the condemned property. Under anew law enacted in 2011, landowners' appraisal reports must be provided to the condemning entity either ten days after the landowner receives the report or three business days before the special commissioners' hearing - whichever is earlier. You may hire an appraiser or real estate professional to help you determine the value of your private property. Additionally, you can hire an attorney to represent you during condemnation proceedings. At the condemnation hearing, the special commissioners will consider your evidence on the value of your condemned property, the damages to remaining property, any value added to the remaining property as a result of the condemnation, and the condemning entity's proposed use of your condemned property. SPECIAL COMMISSIONERS'AWARD After hearing evidence from all interested parties, the special commissioners will determine the amount of money that you should be awarded to adequately compensate you for your property. The special commissioners' decision is significant to you not only because it determines the amount that qualifies as adequate compensation, but also because it impacts who pays for the cost of the condemnation proceedings. Under the Texas Property Code, if the special commissioners' award is less than or equal to the amount the condemning entity offered to pay before the proceedings began, then you may be financially responsible for the cost of the condemnation proceedings. However, if the special commissioners' award is more than the condemning entity offered to pay before the proceedings began, then the condemning entity will be responsible for the costs associated with the proceedings. The special commissioners are required to provide the court that appointed them a written decision. That decision is called the "Award." The Award must be filed with the court and the court must send written notice of the Award to all parties. After the Award is filed, the condemning entity may take possession of the property being condemned, even if either party appeals the Award of the special commissioners. To take possession of the property, the condemning entity must either pay the amount of the Award or deposit the amount of the Award into the court's registry. You have the right to withdraw funds that are deposited into the registry of the court. OBJECTION TO THE SPECIAL COMMISSION ERS' AWARD If either the landowner or the condemning entity is dissatisfied with the amount of the Award, either party can formally object to the Award. In order to successfully make this valuation objection, it must be filed in writing with the court. If neither party timely objects to the special commissioners' Award, the court will adopt the Award as the final judgment of the court. If a party timely objects to the special commissioners' Award, the court will hear the case in the same manner that other civil cases are heard. Landowners who object to the Award and ask the court to hear the matter have the right to a trial and can elect whether to have the case decided by a judge or jury. The allocation of any trial costs is decided in the same manner that costs are allocated with the special commissioners' Award. After trial, either party may appeal any judgment entered by the court. DISMISSAL OF THE CONDEMNATION ACTION A condemning entity may file a motion to dismiss the condemnation proceeding if it decides it no longer needs your condemned property. If the court grants the motion to dismiss, the case is over and you are entitled to recover reasonable and necessary fees for attorneys, appraisers, photographers, and for other expenses incurred to the date of the hearing on the motion to dismiss. If you wish to challenge the condemning entity's authority to take your property, you can lodge that challenge by filing a motion to dismiss the condemnation proceeding. Such a motion to dismiss would allege that the condemning entity did not have the right to condemn your property. For example, a landowner could challenge the condemning entity's claim that it seeks to take the property for a public use. If the court grants the landowner's motion, the court may award the landowner reasonable and necessary fees for attorneys, appraisers, photographers, and for other expenses incurred to the date of the hearing or judgment. RELOCATION COSTS If you are displaced from your residence or place of business, you may be entitled to reimbursement for reasonable expenses incurred while moving personal property from the residence or relocating the business to a new site. However, during condemnation proceedings, reimbursement for relocation costs may not be available if those costs are separately recoverable under another law. Texas law limits the total amount of available relocation costs to the market value of the property being moved. Further, the law provides that moving costs are limited to the amount that a move would cost if it were within 50 miles. RECLAMATION OPTIONS If private property was condemned by a governmental entity, and the public use for which the property was acquired is canceled before that property is used for that public purpose, no actual progress is made toward the public use within ten years or the property becomes unnecessary for public use within ten years, landowners may have the right to repurchase the property for the price paid to the owner by the entity at the time the entity acquired the property through eminent domain. DISCLAIMER ER The information in this statement is intended to be a summary of the applicable portions of Texas state law as required by HB 1495, enacted by the 80th Texas Legislature, Regular Session. This statement is not legal advice and is not a substitute for legal counsel. ADDITIONAL RESOURCES Further information regarding the procedures, timelines and requirements outlined in this document can be found in Chapter 21 of the Texas Property Code. REV 03/12