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ST9801-ES 990311The City With~uture William B. Callejo 4314 North Central Expressway Dallas, Texas 75206-6536 March 11, 1999 RE: Coppell Road Construction Project # ST 98-01 Dear Mr. Callejo: Thank you for taking the time to visit with me concerning the acquisition of right-of-way from your property located along Coppe. ll Road. I apologize for the misunderstanding in making an offered for the acquisition of the right-of-way. As stated in my March 10, 1999 letter, based on your Special Warranty Deed 22 square feet of the necessary right-of-way is contained within existing Coppell Rd. Therefore, the City of Coppell will only be acquiring 21,514.3 square feet of right-of-way. The City of Coppell is willing to offer the following in exchange for the right- of-way: 1. Acquisition of right-of-way at $B-.'.'.'.'.'.'.'.'~sq.fi. x 21,514.3 sq.ft. ,$69,921.48 2. Acquisition of a ~81~orary construction easement for roadway construction at $6-~/sq.~. x 22,271 ~f)~9 $18,039.51 3. Acquisition of drainage easement at $i~63/sq.ft. x 10,200 sq.fi. $16,626.00 4. Acquisition of temporary construction easement for drainage construction at $0.41/sq.ft. x 18,700 sq.ft. $7,667.00 Total $112,253.99 If this is acceptable to you please sign below and return to me. Because of the value associated with the easement, it will require City Council approval. If approved by Council, I will start the process for payment of the $112,253.99. Once the check is processed, we can arrange a mutually agreeable time to meet to notarize the document in exchange for the check. If you should have any questions please feel free to contact me at 9721304-3686. Kenneth M. 6~jfl~,P.E. Director of Engineering/Public Works In Agreement William B. Callejo T" f Coppell. Texas 75019 dPPELL, T~S 75019 William B. Callejo 4314 North Central Expressway 98-01 ' RE: Coppell Road Construction Project//ST _ This letter is written as a follow-up to my prior correspondence and telephone calls concerning the acquisition of right-of-way to facilitate the construction of Coppert Road adjacent to your property. During our last conversation, it was apparent that we were not going to be able to reach an agreement on the acquisition of the right-of-way. However, you did state that you would be willing to execute a Right-of- Entry for the City of Coppell to ensure that we stay on tract with consu'uc~on of the roadway. I had our attorney prepare a Right-of-Entry document and have attached a copy with this letter for your review. In the preparation of the Right-of-Entry document, I reviewed your Special Warranty Deed from 1980. At several places throughout the description of the property it states that your property line passes through the west right-of-way line of Coppell Road and proceeds an additional 22 feet to the centerline of Coppeil Road. It then sites that your eastern most property line rims with the centerline of Coppert Road and as it proceeds back to the west it again states that it crosses through a point 22 feet west of the cente~ine of Coppell Road. The summary in the exhibit with the Special Warranty Deed states that the land contains 130.71 acres. However, it also states that only 129.186 acres is net, with the remaining acreage being contained within the right-of-way of Thweatt Road and Coppell Road. It specifically states that there is 1.124 acres in Coppell Road, 22 feet west of the centerline. By virtue of the review of the Special Warranty Deed in which you acquired the property and after consultation with our attorney, it is obvious that the City has prescriptive fights to 22 feet along the eastern side of your property that contains portions of the existing Coppell Road. Again, this is referenced various times within your Special Warranty Deed. Therefore, our legal description for fl~ taking along your property is being adjusted from the preliminary exhibit that showed 1.6179 acres of fight-of-way to be acquired to .4939 acres of right-of-way to be acquired or 21,514.3 square feet. Prescriptive rights referenced in your deed make it abundan~y clear that 22 feet is cornmouly perceived to be within the existing Coppell Road fight-of-way. Therefore, the City has no need to repurchase land to which it has prescriptive rights. While I have included the Right-of-Entry, no exhibits have been included since they are currently being revised to reflect the 22 feet of existing prescriptive right-of-way. Once I have the revised legal descriptions those will be processed to you so that the Right-of-Entry can be fmalized and the project can stay on tract. If you should have any questions please feel free to contact me at (972)304-3686. Sincerely, Kenneth M. Griffin, P.E. Director of Engineering and Public Works cc: Pete Smith, City Attorney Alan Greet, _Freese__~ I Nichols C P.O. Box 478 255 Parkway Blvd Coppell, TX 75019 Phone: (972)304-3679 Fax: (972)304-3570 ENGINEERING DEPARTMENT FAX CO VER SHEET To: Pete Smith. From: Ken Griffin, P.E. Fax: Date: March 2, 1999 Phone: Pages: 6 Re: Callejo Property / Coppell Rd. CC: [] Urgent [] For Review xPlease Comment [] Please Reply [] As Requested .Comments: Please review the attached letter to Mr. CalleJo and Warranty Deed before it is mailed out. ff you have any quesUons please call me at 972/304-3680. Thanks Ken IF YOU DO NOT RECEIVE ALL OF THE PAGES, PLEASE CALL (972) 304-3679 Engineering- Excellence By Design C William B. Callejo 4314 North Central Expressway Dallas, Texas 75206-6536 RE: CopFell Road Construction Project//ST 98-01 P.O. Box 478 Coppell, Texas 75019 972-462-0022 March 1, 1999 Dear Mr. Callejo: This letter is written as a follow-up to my prior correspondence and telephone calls concerning the acquisition of right-of-way to facilitate the construction of Coppell Road adjacent to your property. During our last conversation, it was apparent that we were not going to be able to reach an agreement on the acquisition of the right-of-way. However, you did state that you would be willing to execute a Right-of- Entry for the City of Coppell to ensure that we stay on tract with consreaction of the roadway. I had our attorney prepare a Right-of-Entry document and have attached a copy with this letter for your review. In the preparation of the Right-of-Entry document, I reviewed your Special Warranty Deed from 1980. At several places throughout the description of the property it states that your pmFerty line passes through the west right-of-way line of CopFell Road and proceeds an additional 22 feet to the centerline of CopFell Road. It then states that your eastern most property line runs with the centerline of Coppell Road and as it proceeds back to the west it again states that it crosses through a point 22 feet west of the centerline of CopFell Road. The summary in the exhibit with the Special Warranty Deed states that the. land contains 130.71 acres. However, it also states that only 129.186 acres is net, with the remaining acreage being contained within the right-of-way of Thweatt Road and CopFell Road. It specifically states that there is 1.124 acres in Coppell Road, 22 feet west of the centerline. By virtue of the review of the Special Warranty Deed in which you acquired the property and after consultation with our attorney, .it is obvious .that the City ha.~ prescriptive fights to 22 feet along the eastern side of your property that contains potions of the existin~ Coppell Road, Again, this is referenced various times Within your Special Warranty Deed. Therefore, our legal description for the taking along your property is being adjusted from the preliminary exhibit that showed 1.6179 acres of right-of-way to be acquired to .4939 acres of right-of-way to be acquired or 21,514.3 square feet. Prescriptive rights referenced in your deed make it abundan~y clear that 22 feet is commonly perceived to be within the existing Coonell Road riRht-of-walt. Therefore, the City has no need to repurchase land, which it has prescriptive rights to. While I have included the Right- of-Entry, no exhibits have been included since they are currently being revised to reflect the 22 feet of ,existing prescriptive right-of-way. Once I have the revised legal descriptions those will be processed to you so that the Right-of-Entry can be finalized and the project can stay on tract. If you should have any questions please feel free to contact me at (972)304-3686. Sincerely, Kenneth M. Griffin, P.E. Director of Engineering and Public Works cc: Pete Smith, City Attorney IIn I T" [ ! .......I ..........I ................