ST9801-ES 990702 (2) CAUSE NO.
THE CITY OF COPPELL, TEXAS, §
Plaintiff, §
V. §
WILLIAM F. CALLEJO, TRUSTEE §
Defendant. §
AT LAW .
OF DALLAS COUNTY, TEXAS
PLAINTIFF'S ORIGINAL PETITION FOR EMINENT DOMAIN
TO THE HONORABLE JUDGE OF SAID COURT:
NOW COMES, the City of Coppell, Texas, Plaintiff and files this its Original
Petition for Eminent Domain in writing and in support thereof states as follows:
I.
Plaintiff, City of Coppell, Texas is a home rule municipality incorporated under
the laws of the State of Texas. It is a legal entity and has authority as a political
subdivision of the State to exercise eminent domain for the purpose of acquiring right-of-
way and other easements appurtenant for the construction, maintenance and operation of
a public street, highway and road, to wit: Coppell Road north of Sandy Lake Road,
Coppell, Texas, as well as providing for appropriate easements and appurtenances
necessary and associated with the construction and maintenance of such public street,
highway and road, in accordance with the Texas Constitution and the laws of the State of
Texas.
II.
Plaintiff, acting by and through its City Council, has authorized by Resolution and
has found it necessary to acquire an easement and/or fee simple in the following land, a
PLAINTIFF' S ORIGINAL PETITION FOR
EMINENT DOMAIN
26240
legal description of which is attached hereto and incorporated herein by reference as
Exhibit "A" and "B" is set forth in full for all purposes in Dallas County, Texas; and,
further, to acquire drainage, slope and construction which are attached hereto and
incorporated herein by referenced as Exhibit "C" and "D".
III.
The interest in the land referred to herein will be used for the public purpose for
which the Plaintiff possess power of eminent domain, namely the construction,
maintenance and operation of a public street, highway, roadway and appurtenance
thereto. -
IV.
The owner of the land referred to in heroin, as far as known to the Plaintiff, is
William F. Callejo, Trustee, a resident of Dallas County, Texas. There are known other
lien holders or persons asserting an interest in the aforementioned property. The
Defendant may be served through his attomey Eddie Vassallo, Law Offices of Eddie
Vassallo, 3710 Rawlins, Suite 1200, Dallas, Texas 75219-4217. The Plaintiff and the
owner of the property heretofore identified have been unable to agree upon the value of
the land or damages that would accrue as a result of such condenmation. The Plaintiff
and the Defendant have not agreed on special commissioners and requests this Honorable
Court to appoint special commissioners for the purposes of notice and heating in
accordance with the law of the State of Texas.
PLAINTIFF' S ORIGINAL PETITION FOR
EMINENT DOMAIN
26240
WHEREFORE, the above premises considered, Plaintiff requests that three
disinterested freeholders of Dallas County, Texas be appointed as special commissioners,
to assess damages and Plaintiff be granted such other further relief to which may be justly
entitled under the law.
Respectfully Submitted,
NICHOLS, JACKSON, DILLARD,
HAGER & SMITH, L.L.P.
Robert E. Hager
Bar Card No. 08689500
(REH/edb)
1800 Lincoln PlaTa
500 North Akard
Dallas, Texas 75201
(214) 965-9900
(214) 965-0010 FAX
ATTORNEYS FOR'
THE CITY OF COPPELL
PLAINTIFF'S ORIGINAL PETITION FOR
EMINENT DOMAIN
26240
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 land situated in the John 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, 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 Ca!lejo tract of land, a distance of 22.01
-feet to the POINT OF BEGINNING
THENCE North 88°51 '36" West continuing along said southerly line, a distance of 9.72 feet to a ~/a inch
iron rod set for corner in the proposed westerly right-of-way line of Coppell Road;
THENCE North 03020'34" East, along said proposed westerly right-of-way line, a distance of 2226.93 feet
to a V2 inch iron rod set for corner in the northerly line of said Callcjo tract of land, same being the
southerly line of Phase !, Block I, One Twenty One Business Park as described by plat recorded in
Volunle 81094, Page 2568, DRDCT;
THENCE South 86023, 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, at a distance of 4.60 feet passing a ~ 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 03o20'24'' West, a distance of 2226.51 feet to the POINT OF BEGINNING;
CONTAINING a computed area of 21,505 square feet or 0.4936 acres of land.
Evaluation Associates
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PROPOSED ACQUISITION MAP
EXHIBITS ~4' & 'B'
EXHIBIT
IO-FOOT SLOPE EASEMENT
05113 OF AN ACRE
22271 SO. FT.
CM,CONTROL MONUMENT
4 60~ 5,/~t'-~16"'23' 12
· 9.60'
S86"2Y 12"E S86"2Y i'2"'E
22,0C
10,01'
I /~' ' '
.
I
I ~
i !
wi, l~,
!
i
I
N
1"-60'
N:tEA CALLED TO BE
~ITHIN COPPELL ROAD
1214 ACRES '
48,969 SO. FT.
VOI...8000,t, PG. 1835
D. Fi'.D,C.T .
I ~B ~
I fPROPOSEO ' GHT-OF-WAY LINE
I ',~ POINT OF COMMENCEMENT
icm , ,22~o~?/B/T 'A'
N88"'51 '36"W'"'/ ~
IOoOl' ,
OF BEGINNING GINNING
EXHIBIT 'B'
B[ARINCS SHOWN H[RrON .k~[ BASED ON
N88*51'36"W-j TH( [AST[RLY LI,~: OF TH( WILLAM F. CALLrJO
TRACT OF LANO N, IO THE: E'XlSTING W[STrRLY RICHT-OF-WAY
9,72' L.~ OF COPPirLL RO/O B(INC SOUTH 03* 20'34" WE:ST
Evaluation Associates
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METES AND BOUNDS DESCRIPTION OF PROPOSED ACQUISITION AREA
EXHIBIT "B"
1 O-FOOT SLOPE EASEMENT
METES AND BOUNDS DESCRIPTION
BEING a 0.5113 of an acre tract of land situated in the Iohn E. Holland Survey, Abstract No. 614, the City
of Coppeli, 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, Deed Records of Dallas
County, Texas (DRDC'T), said 0.5113 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 88F_,51 '36" West along the southerly line of said Callejo tract of land, a distance of 31.73
feet to the POINT OF BEGINNING;
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 land described to Betty A. Phillips by deed recorded in Volume
88149, Page 3215, DRDCT, a distance of 10.01 feet to a point for coruer;
THENCE 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 I, One Twenty One Business
Park described by plat recorded in Volume 81094, Page 2568, DRDCT;
THENCE South 86E2Y 12" East, along the northerly line of said Callejo tract of land and the southerly line
of said Phase I, 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 POINT OF BEGINNING;
CONTAINING a computed area of 22,271 square feet or 0.5113 of an acre of land.
Evaluation Associates
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METES AND BOUNDS DESCRIPTION OF PROPOSED ACQUISITION AREA
EXHIBIT "C"
DRAINAGE EASEMENT
METES AND BOUNDS DESCRIPTION
BEING a 0.2342 of an acre tract of land situated in the John 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. Cailejo, Trustee, by deed recorded in Volume 80004, Page 1835, Deed Records of Dallas
County, Texas (DRDCT), said 0.2342 of an acre tract of land being more particularly described as follows:
COMMENCING at the southeast corner of said Callejo tract of land, same being in the existing westerly
right-of-way line of Coppell Road (a variable width right-of-way);
THENCE North 88°51'36" West along the southerly line of said Ca!lejo 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 feet 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
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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 or land situated in the John E. Holland Survey, Abstract No. 614, the City
of Coppoll, Dallas County, Texas and being a portion of a called 130.710 acre tract of land described to
William F. Callcjo, Trustee, by dccd recorded in Volume 80004, Page 1835, Deed Records of Dallas
County, Texas (DRDCT), said 0.4293 or an acre tract or land being more particularly described as follows:
COMMENCING at the southeast corner of said Ca!lejo tract of land, same being in the existing westerly
right-of-way line of Coppcil Road (a variable width right-of-way);
THENCE North 88051'36" West along the southerly line of said Callejo tract of !and, a distance of 31.73
feet;
THENCE North 03°20'34" East, a distance of 18 17.87 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.
Evaluation Associates
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PROPOSED ACQUISITION MAP
EXHIBITS 'C' & 'D'
,,iOL. Sp,.9,.Q.C- ' / E:) ~
...t______ 1"-60'
'll~, ,q0L- O.p..O.
S86'39'261i .
85.00'- /,,,/-PROPOSED, ROW LINE
E /BiT
F
10200 SO. FT. TEMPORAFO' CONSTRUCTION
' EASEt~ENT
:-- .... "__. ., 0.4293 OF AN ACRE
J . 18700 SO, FT.
,
No~'~o'~',~'F"~
· ,
I ooo~~j
~ S03'20'34'~N
' I i.....-.---~ 7o.oo' ~
N03'20'34"E I
22o.oo'--_~ L____ ' OF BEGINNING
...... '~ , 1842,87'
o3~o.,',~,.~" I I~' / I FI
31.73' SEAruNGS SHOWN ~REON N~E 8ASrO ON
TIlE [-~$TERLY LI~ OF THE WILLAM F,
C,M. LEJO TRACT
Evaluation Associates
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