ST9801-ES 9709165,EP 16 '97 15:37 FR N~OLS
21~ 965 0010
JCKSON DLLRD 21~ 96~ 0010 TO~sPELL CM
NICHOLS, JACKSON, DILLARD,
HAGER & SMITH, L.L.P.
P.01/06
1800 Lincoln Plaza
500 Noah Akard
Dallas, Texas 75201
(214)965-9900
(214)965-0010 FAX
FACSIMILE COVER SHEET
PLEASE DELIVER THE FOLLOWING TO:
NAME: Jim Witt
COMPANY: City of Coppeil
FAX NO.:
DATE: September 16, 1997
FROM: Peter G. Smith
TRANSMITTED BY: Shawn Petrek
NUMBER OF PAGES (Including Cover Sheet):
COMMENTS: Please call me.
THE INFORMATION CONTAINED 1N THIS FACSIMILE IS ATTORNEY PRIVILEGED AND CONFIDENTLaJ,
INFORMATION I~TENDED FOR THE USE OF THE INDM DUAL OR ENTITY NAMED ABOVE, IF TH~ KECIFIBNT IS
NOT THE rI'qTENDED KECIPIENT, YOU ARS HBR!~BY NOTIFIED THAT ANY DISTRIBUTION, DISSEMINATION OR
COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. il~ YOU HAVE RECEIVED THIS IS ERROR, PLEASE
NOTIFY US IMMEDIATELY BY PHONE AND P~TUKN THI~ ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS
VIA THE U.S. POSTAL SERVICE.
ii II~ '[ i i [ ' I I i I I 'I
SEP 16 '97 15:~7 FR NICHOLS JCKSON DLLRD 214 965 0010 TO COPPELL
CM
P.02/06
~f, J UUX
~AN~ R. JBI,INI, K
L BI~JCB LAMBBRT
Septemb= 16, 1997
Mr. Pete Smith
Nichols, Jackson, Dillard, et al.
500 1~I. Akard, Suits
Dallas, TX 75201
BY FAX: 214-965-0010
and I~GIYLAR MAIL
Proposed road eascment requested by Cn'and Homes from WitUsm F,
Callejo, Trytee for the benefit of the City d CoppelI.
Dear ML Smith:
It was a pleasure visiting with you this morning. In conncclion with your request, I ~ enclosing
a 'copy of the revised Road Easement that I had sent to Stephen Brooks wiXh C-nnd Homes. This
particular draft ancmpted to cure the two objections that we w~-~ told the City of CoppHi had xo
it's language, which were exactly located in paraSXaphs 2 and 3 on page 2.
As I explained ova the xelephone, Ibis particular easement only relates ~o a five (5) foot
expansion of the roadway along a 955.8 foot disttmce. However, my clien~ owns additional land
along ~ road immediatcly north of this paaicular sir~,. For yo~ reference, I am enclosing a
copy of the plat that was sent ro me by Grand Homes that the dcvelope~ had received fxom
Tipton Engineers, so you can scc the particular 5' expansion of the road into my client's
property. Paragraph 3 on page 2 was inserted as a way of trying to assure my client that the City
would not c~st a covetous eye on the rest of his land.
I am told thsx the City of Coppell has required Grand Homes to purchase the S' by placing
apploval of building permits for Grand Homes' property "on hold" until this mancr is resolved to
the City's satisfaction. While I can understand why your client mi2ht have reservations about
the conditions which we suggest need to be imposed in the gran~ of the easement, you will
recall xhat it is free to them, since it's cost is being paid by Cn'and Homes- I have always besn
told that "one should not look a gift-horse in the mouth." Second, my client is trying to be a
good neighbor, but he doesn't want to get "nibbled to death" by your client's need for additional
road or fight-of-way land, every time the thought occurs to thcrrL The land adjacent to Coppell
Road, north of this Iract, may need future wadwork for it to bc straightened out or expandcd.
Thus, my client's desire to be a good neighbor for this pafiicuwr Innsaction, should not be taken
as an indication of my client's attitude for any future acquisition that the City might want.
Please call me if you have any questions concerning this matter, or ifI have been unclear.
1.5:11 817 ,~l~l 1189 RAGE.01
"'IT' i" [' i" I'[ I ....
"l"
SEP 16 '9? 15:58 FR NICHOLS JCKSON DLLRD 214 965 0010 TO COPPELL CM
~/16/9~ TUE 14:59 FAX 817 ,,IKl109 FR~K JELINEK ~
P.03/06
~002
Letter to Pet¢ Smith
September 16, 1997; Page
William F. Callejo
Stephen Brooks
ORIGINAl, OF THIS FAX MESSAGe: L3~I WILL BB~ OR U WILI, NOT BE MAILr~.
SEP
].6 ' 97
15:~8 FR NICHOLS JCKSON DLLRD 214 965 0010 TO
COPPELL CM
P.04/06
ROAD F,A~lt, MKNT
BTATEOFTEXAS §
§
COUNTY OF DALLAS §
WIlIERlYe, in amsidention of tht bencfas to be derived from the conveyance of a
pottim of such propsty to the CiQ, ef C, o91~ a municipal corporation (Ibe "~-~aa'~, arid
the sum often and No/lO0 DoUm ($10.00), the receipt of which is hereby acknowledged,
the undmiSned d~es haeby GLsa, rr, BAXGA~, $sLL and CONV~/' to Orerite whese
mailing a&L'us is 2S5 Parkway Boulevard, Coppell, Taas 7S019, the following descnted
trac~ or parcel of brad for putposa of a pubtic mad or righi-of-way:
BEI1;G a Ugt of land sis in the Jolm E, Hellsad Survey, Absumet No. 614, City
of Coppell, Dallas County, Texas, wi~ ~ sub~ tract bgi~ pa~t of that tract of ~
ca2veyed to W~liam F. Calkjo. acocading to tbc deed zecorded in Volume 80004,
Page 1835, of ~hc Daxl gecotds of Dallas C~tmt'y, T~x~s, ~ s~bject ers. ct king xne~
patticuhtly described as follows:
Commencing at the l~oxthe. axt coma of said William F. Carltic tra~t, said
commencement point being located on the assumal cente;:fne of Coppell Road and
22.0 fe~ east ofsa iron ~ fom~d on the west line ofColrpeh Road~
Thence $. 00 deg. 0S' 09" 1~, along the east line of sa~d Wmim P. Calte~ aria sad
the assumed centerline of Coppell Road, a distance of 1,237.S7 feet;
Thence S. 89 deg..$4' 51" W, a distance of 22.00 feet to a point oe rise assumed west
line of Cop;e, ll Koed (111o mppsre~ prescriptive rilig-of-way per dcai), fz~n which
northwes~ con~r of Vill~e At Cottonwood Creek Scction V, an additi~t to lh~ City
of C. oI~I ~ filed ill Voltaic 97061. Page ~057, I2~d Rt~'ds, Dallas Cmmty,
bears N. 89 deg. 54' 51" F.. a distan~ of 49.74 fcct, BBING TI~ PLACE OF
BI~GI14NING of the hn~in described tract of land,;
Thence S. 00 deg. 0S'09"l~,along the au~med~ltoad wut line, adiau~or
988.68 feet to a point on the souih llne of said Wnfi~m F. CA!Iejo gnct, and ~ North
line of a tr~ ofl~nd own~ by
3215, ~ R, cotdr, Ddlns Co~uty,
'r'h~ur~ S. 87 deS. 25' 56" W, a.lq said Wilfiam F. C411tjo gra~t sou~b li~, a dietmsee
of 3.38 feet;
Thence N. 00 dq. l 1' 42" W, · distance of 9gS,$~ feet d0ng · ~ 55.00 feet west of
and parallel to the east line of Coppen
Thence N. 89 d~g. $4' 51' E, s distance of 5.26 feet t~ fl~. P!ar~ of B~_inn;ng anti
contsining 4,272 quatc feet offand, more or less.
This conveTaz~ is made s~ject to Om rollowing coverants, :nuaNCes. aud re~sious:
bess understood to includc by i~s terms, and without limitation, all off, gas. and may
othez minerats thst rosy be in, on, or ~mda the pavper~ conveyed lgrein or hereby.
Road Easement - Page 1
SEP 16 '9'? 15:11
817 461 11~:j
15:59 FR NICHOLS JCKSON DLLRD 214 965 8818 TO COPPELL
P. 85/86
2. Titlc~otl~laad~nv~/slbtl~in~r~b~wi~h~stfagh~st~i~nUr
notic~ on his put in th~ ~ut dm th, madway shill ,~t be ~tmtnzt, d or ~ompk4sl ~
by Grslg~, ib s'a~ssoPs, usigsa, an~ ~hird panics within r~vn (7) y~ts from ~
The accepxance of this d~ or right-of-way b~ Orsn~ shall n~i=~uish sn~ fu~r~
cbliSs~ion on ~h~ pm~ of G'ran~r ~ msk~ ~z~her ~,;s of ~ d~f-
~y f~ ~ o~ ~ ~r ~e~ no~ of ~ l~ d~b~ in ~s
~2. ~g inch ~y.
TO ~VB ~d TO HO~ ~ ~ ~ ~, m~e ~ ~! ~
cl~ ~, ~ or ~y ~ ~ by, ~ ~ a ~ ~d~ b~ not ~.
~ T2, on ~s _ ~y ofS~, 1~.
wIIJJAM F. CALLEIO, T:P, USTRB
STATE OF TEXAS §
COUNTY OF DALLAS §
~l~ipaent
T~ I:t,tSTP,.U'MENT ,was r. lmowle~st befo~ me on ~is ~ day of S~pimb~,
1997, by WiLliam F. C_.all~o, Tnastee, for fig purposes ssxl eomidersliou tjtn, ein aptw. se~
NotS~ Publi~ - St~ of T~xu
A~r Recording ltar~ To:
Frank K. Jelinek, Atl~
SOl E, Abr~ 8u~ 102
Arliz~on, Tens 7~010
ltoad Stssszm~ -- IPs~ 2
461 11~9
SEP 16 ;99 15:39 FR NICHOLS JCKSON DLLRD 21~l 965 8818 TO COPPELL CM
P,06/06
~EP 16 '97 15:12
PP~. e~
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