ST9801-ES 990401STATON
COPPELL. TEXAS 75019
RO. Box 478
Coppell. Texas 75019
972-462-0022
April 1, 1999
Robert H. Staton, Jr.
David M. Staton
14522 Cyprus Point Drive
Dallas, Texas 75234
RE: Coppell Road Project #ST 98-01 Right-of-Way
Dear Mr. Staton:
Thank you for taking the tm~e to visit with me recently concerning the acquisition of right-of-way from your
property located on Coppell Road. I apologize for the confusion concerning the actual amount of right-of-way
required from your property. Our consulting engineering has now confined that we will require 12,177 square
feet of right-of-way from your property for the construction of Coppell Road. A copy of the correct document is
included with this letter. Based on our conversations, the City of Coppell is willing to offer the following in
exchange for the right-of-way.
1) Acquisition of right-of-way at $4.00/sq. ft. x 12,177 sq. ft.
2) There will be no assessment for Coppell Road improvements. While there is
no assessment on the property, any redevelopment of the property will require
adherence to the City of Coppell's Roadway Impact Fee Ordinance. Payment
of fees under the Roadway Impact Fee Ordinance is not required until such
time as a plat is approved for the property. If the property were to remain
undeveloped, then there would be no roadway impact fee or assessment
requirement on the property due to the construction of Coppell Road.
However, when a plat is approved for the property, then fees will be required
based on the city's Roadway Impact Fee Ordinance.
3) One-half the cost to perform boundary survey to be paid by Mr. Staton.
$48,708.00
-850.00
$47,858.00 TOTAL
If tbAs i:; acceptable to you p!ea.~ sign below and return to me. Once I have received the letter, I will start the
process for payment of the $47,858.00. When the check has been processed we can arrange a mutually agreeable
time to meet to notarize the document in exchange for the check.
-q ~ ~--o¢~C'~-,{ Oc.~~°~'u--shc~uld have any questions please feel free to contact this office.
Commercia/Real Estate Services '
Ronald E. Thomas/
One Lincoln Centre, 5400 LB/Freewa Dial
972.38S-3100, Fax 972_385,31Y8~ as 75240
S s ,-/
COPPELL, TEXAS 75019
P.O. Box 478
CoppeB, Texas 75019
972-462-0022
April I, 1999
Robert H. Staton, Jr.
David M. Staton
14522 Cyprus Point Drive
Dallas, Texas 75234
RE: Coppell Road Project #ST 98-01 Right-of-Way
Dear Mr. Staton:
Thank you for taxing the time to visit with me recently concerning the acquisition of right-of-way from your
property located on Coppell Road. I apologize for the confusion concerning the actual mount of right-of-way
required from your property. Our consulting engineering has now confirmed that we will require 12,177 square
feet of right-of-way from your property for the construction of Coppell Road. A copy of the correct document is
included with this letter. Based on our conversations, the City of Coppell is willing to offer the following in
exchange for the right-of-way.
1) Acquisition of right-of-way at $4.00/sq. ft. x 12,177 sq. ft.
2) There will be no assessment for Coppell Road improvements. While there is
no assessment on the property, any redevelopment of the property will require
adherence to the City of Coppell's Roadway Impact Fee Ordinance. Payment
of fees under the Roadway Impact Fee Ordinance is not required until such
time as a plat is approved for the property. If the property were to remain
undeveloped, then there would be no roadway impact fee or assessment
requirement on the property due to the construction of Coppell Road.
However, when a plat is approved for the property, then fees will be required
based on the city' s Roadway Impact Fee Ordinance.
3) One-half the cost to perform boundary survey to be paid by Mr. Staton.
$48,708.00
-850.00
$47,858.00 TOTAL
If uhis i:~ acceptable to you please sign below and return to me. Once I have received the leuer, I will start the
process for payment of the $47,858.00. When the check has been processed we can arrange a mutually agreeable
time to meet to notarize the document in exchange for the check.
Thank you for your patience and if you should have any questions please feel free to contact this office.
- Sincerely,
Kenneth M. G"rifftr_, 2.E.
Director of Engineering/Public Works
CITY OF COPPELL
PERMANENT RIGHT OF WAY
05112199
Deed
574:;::>00
1564797 $15.00
STATE OF TEXAS §
.::
COUNTY. ,OF DALLAS~ §
.. §
KNOW ALL MEN BY THESE PP, K~ENTS
THAT, ROBERT H. STATON, JR. and DAVID M STATON herein after
referred to as GRANTOR, in consideration of the sum of Forty-seven Thousand,
eight hundred fifty-eight dollars ($47,858.00), and other good and valuable
considerations in P/aid paid by the City of Coppe!l, a municipal corporation of
Dallas County, Texas, receipt of which is hereby acknowledged, does hereby
grant, bargain and convey to said City of Coppell, Texas, (GRANTEE), its
successors and assigns, a permanent right of way and the right to construct,
reconstruct and perpetually maintain a public street and/or drainage facilities and
utilities, together with all necessary appurtenances thereto, and with the right and
privilege at any and all times, to enter said premises, or any part thereof, as is
necessary to the proper use of any other right granted herein, and for the purpose
of constructing, reconstructing and maintain said public street and/or drainage
facilities and utilities, and for making connections therewith, in, upon and across
that certain tract or parcel of land in Dallas County, Texas, being described as
follows:
Exhibits "A. attached hereto and made a part hereof.
TO HAVE AND TO HOLD the same unto the City of Coppell, its
successors and assigns.
f~~S MY HAND,
/ ,1999.
this the ~4~ day of
Dawd M. taton
99092 03387
STATE OF TEXAS §
cotnvrY oF §
BEFORE ME, the undersigned authority, in and for said County, on this
day personally appeared Robert H. Staton. Jr. known to me to be the person
whose name is subscribed to the foregoing instnunent, and acknowledged to me
that they executed the same, for the purposes and considerations therein
expressed, and in the capacity therein stated.
GFqEN
7~/~ day of
PAULA J. CROCKER
MY COMMISSION EXPIRES
October 17, 2000
UNDER MY HAND AND SEAL OF OFFICE, this the
STATE OF TEXAS §
COUNTY OF ~i{~;{~ §
BEFORE ME, the undersigned authority, in and for said County, on this
day personally appeared David M. Staton, known to me to be the person whose
name is subscribed to the foregoing instrument, and acknowledged to me that they
executed the same for the purposes and considerations therein expressed, and in
the capacity therein stated.
'GIVEN UNDER MY HAND AND SEAL OF OFFICE, this
~/% day of fi~FD//)( .~'! , 19998. ~ ,
the
99092 03388
EXHIBIT 'A '
1"'60'
co~ ,,
~=02°08'03''
R=975.00'
L=3G.32'
CHB=S87'37' 13'1E
" CHD=36,32'~
PROPOSEO RIGHT-OF-WAy LINE
~/2- ~fS86 33 I~ E 823,54'
NI9'51'11"W ~ 'mS ICMi /,~ ~/2
~ RST.,-
I 3.6 I' N86'33'1 I"W 950.00'
EXHIBE 'A'
R~ ~QU!SITION
02795 ~RE
12J77 SO. FT.
yO. 9.R~9.'
588°41
'14'E 98.37'
I/2" .
C )IRS
IM
S
COPPELL ROAD
(A VARIABLE W~rDTH ROW)
POINT OF BEGINNING
EXHIBIT 'A'
! 2°44'59"W
17.07'
(CM)=CONTROL MONUMENT
BEARINGS SHOWN HEREON ARE BASED ON THE SOUTHERLY
LINE OF THE ROBERT H. STATON, JR.& DAVID M.
STATON TRACT OF LAND AND THE EXISTING NORTHERLY
RIGHT-OF-WAY LINE OF COPPELL ROAD BEING NORTH 86°33'11'' WEST
COPPELL ROAD PROJECT
RIGHT-OF-WAY ACOUISITION
BEING A PORTION OF
ROBERT H. STATON, JR.&
DAVID M. STATON
VOL 83093, PG. 3413
D.R.D.C.T.
,.~ll UAI F'D IN i HI:.
B.B.B.& C.R.R. SURVEY
ABSTRACT N0.1772
CITY OF COPPELL
DALLAS COUNTY. TEXAS
PROJECT:COPPELL ROAD
FILE:P:\ 98\ 98-024\EXHIBIT\ROWTAKE6.DGN
JOB NO=CA~ 98-024 ~ DRAWN BY:RWB
DATE:FEBRUARY 1999 PAGE=I OF 2 SCALE :1"=60'
B.B.B. & C.R.R, SURVEY, ABSTRACT N0,1772, DALLAS COUNTY, TEXAS
LYNDON M. HODGIN
R.P.L.S.
TEXAS NO. 4584
LGarcla & Associates EnEIneerlnl~, Inc.
99O92 03389
EXHIBIT "A"
RIGHT-OF-WAY PARCEL
METES AND BOUNDS DESCRIPTION
BEING 0.2795 of an acre tract of land situated in the B.B.B & C.R.R. Survey, Abstract No. 1772, the City
of Coppell, Dallas County, Texas and being a portion of a called 7.2 acre tract of land described to Robert
H. Staton, Jr. & David M. Staton by deed recorded in Volume 83093, Page 3413, Deed Records of Dallas
County, Texas (DRDCT), said 0.2795 acre tract of land being more particularly described as follows:
BEGINNING at the ~t, ll~~e~said Staton tract of !and and being in the existing northerly right-
of-way line of Coppell R~l[~i~l~le width right-of-way);
tlC T
THENCE North 86°33'11" West along the southerly line of said Staton tract of land and the existing
northerly right-of-way line of said Coppell Road, a distance of 950.00 feet to a point for the southwest
corner of said Staton tract of land;
THENCE North 19°51'1 l" West along the westerly line of said Staton tract of land, a distance of 13.61
feet to a ~/2 inch iron rod set for corner in the proposed northerly right-of-way line of said Coppell Road;
THENCE South 86°3Y I I" East, along said proposed northerly right-of-way line, a distance of 823.54 feet
to a V2 inch iron rod set for a point of curvature of a curve to the left having ~ radius of 975:00 feet;
THENCE easterly along said proposed northerly right-of-way line and along: said curve to the left through:: a'
central angle of 02°08'03'', for an arc distance of 36.32 feet and a chord beating of~Sot~h87'37' 13"
and a chord distance of 36.32 feet to a 1/~ inch iron rod set for the point of tangencyi ' -"
THENCE South 88°41'14" East, continuing along said proposed northerly right-of-way lln~, a di'~tance of
98.37 feet to a V2 inch iron rod set in the easterly line of said Staton tract of land;
THENCE South 12044'59'' West along the easterly line of said Staton tr
to the POINT OF BEGINNING; .
CONTAINING a computed area of 12,177 square feet or 0.2795 of an acre of land.
Sheet 2 of 2
99092 03390
J55 PARKWAY m. vl)
P 0 Is)x 478
STATE OF TEXAS COUNTY OF DALLAS
I hereby certify this ieslmllieet we flied on the dat~ and tim
stamped hereon IIF me end was duly recorded in the volume and
qe of the naa14d licefib el Dallas Coonl~. TIgt&T Is stamped
MAY 1:~ 1999
~COUNTY CLERK, Dallas County, Texas
CITY OF COPPELL
Post Office Box 478, Coppell, Texas 75019~0478
INVOICE DATE INVOICE NO. REMARKS
5-07-99 ST98-01-C0 EASEMENT
~ ~:i~:: :~ACCOUNT:
618-620-603-5210
(972) 462 - 0022
AMOUNT
47,858.00
'~Y' ~ The City with a Beautdul Future
~,~,/"' ~l" RO. Box 478 Coppell, Texas 75019
'/~ 972-462-0022
PAY********47,858 DOLLARS AND 00 CENTS
TO THE ORDER OF
COPPELL MOBILE HOME PARK
14522 CYPRUS POINT DR
DALLAS TX
75234
FROST NATIONAL BANK
79806
CHECK NO.
079806
Che~k Date
05-07 -1999
PAY THIS AMOUNT
*'***47,858.00
VOID AFTER IO DAYS
RO. Box 478
Coppell, Texas 75019
972-462-0022
June 1, 1999
Robert H. Staton, Jr.
14522 Cyprus Point Drive
Dallas, Texas 75234
Re: Coppell Road Project #ST 98-01
Dear Mr. Staton:
The dashed area adjacent to Coppell Road represents right-of-way previously acquired by
the City of Coppell and TxDOT. The net acreage on this site is 5.872 acres (255773 sq.
ft.) Because of the acquisition of the Callejo right-of-way, the earliest that construction
could start on Coppell Road will be approximately the middle or end ofhly 1999.
If you have any questions please ca11.972/304-3679.
Sincerely,
Kenneth M. Griffin, P.E.
Director of Engineering/Public Works
-I-~iimon W. Freese, P.E. 1900-1990
arvin C. Nichols, P.E. 1896-1969
FREESE" NICHOLS
TO: CRy of Coppell
255 Parkway Blvd.
Coppell, Texas 75019
ATTENTION: Kenneth Griffin, P.E.
We are sending you X Attached [] Under Separate Cover VIA
the following items:
[] Plans [] Specifications [] Shop Dwg.
[] Reports [] Diskette(s) [] Other
COPIES
DESCRIPTION
1
Original Boundary Survey
4 Copies
LETTER OF TRANSM1TTAL
DATE: May 26, 1999
PROJECT: CPL98447 3.1
Coppell Road
Staton Boundary Survey
Courier - 2 hour
These are transmitted for your:
x Use [] Review &Comment
[] Approval x Distribution to Parties
[] Record [] Other
[] Response
Remarks:
We apologize for the delay. I will submit for ADA review and TxDOT permit once the check
and form 1023 are ready. Please call me with any further requests.
Copies to:
By: Kevin Young
FREESE AND NICHOLS ® 1341 W. MOCKINGBIRD LANE, SUITE 230E · DALLAS, TEXAS 752474922
TELEPHONE: 214-920-2500 · FAX: 214-920-2565
April 20,
MEMORANDUM
To: Jennifer Armstrong, D' t of Finance
From: Jim Witt, City Manage
Subject: b' e m '
During a i r of the Coppell Mobile
Home Park, it came to my attention that the water bill was paid by
the residents. As part of the City's efforts to assist with the
relocation of the tenants, I have determined that the current
amount of the water bill will be the Water and Sewer Funds
contribution toward that effort.
If you have any questions or need further documentation, please do
not hesitate to contact me.
Thanks,
by: FREESE &.NZCHOLS
FREESE - NICHOLS
Architcclurc
2149202565
21~"~)2565 03/25/99 IF"'gAM Job 245 Page 1
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214/920-2500 · FAX214/920-2565 · www.freese.com
FAX TRANSMITTAL SHEET
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Mechanical En~ineerm~
Piptime Design
Plumhin~ Design
Pump SLation Design
Rcmcdiu~on
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~m" F T
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Total number of pages, including transmittal sheet:
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If there is a problem receiving any pages, please call
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Sent by:
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2149202565
03/25/99 I I :00AM
EXHIB I T 'A '
JoD 245
1"-60'
Page 2/3
/ / .................
,~: ~ ~=~-~' ~ --~...
,:~:~'~"=: ' ~_,/2~ ~sas-33'l i 'E 823.54 588'4 i't 4"E 98.37' _ ....................................
~ NSG'33' I I "W 950.00' ~ S J 2~44 59"W
LINE OF THE ROBERT 14. STATON. JR. · DAVID M.
COPPELL RO~ PROJECT
RIGHT-OF-WAY ~GUISITION
BEING A pORTION OF
:'~- ':. ROBERT H. STATON. JR. &
n ,.. DAVID M. 5TATON
'~' "" VOL. 83093, PG. J~13
D~:.T.
SITUATED IN THE
~5TR~T NO. 1772
CITY OF COPPELL L. YNDON M. HODGIN
D~L~ C~NTY, TEX~ R.P.L .S.
~EXAS NO- 4584
~;";PROJEC I ~ COPPELL ROAD
:'~_E: P;\ 96'- 98_024\EXHIBIT\ROWTAKE6.DGN
NO: GAff 98024 ~
LI'E.; F't:E~RtlAR~ 19~9 PAGE: I OF 2
..~.~'.6. & C.R.R. SURVEY, ABSTRACT NO. 1772, DALLAS COUNTY, TEXAS
,~:...~ ~ ,
TI" T' T ]~1
DRAWN BY:RWB
SCALE =l"=GO'
Gatcia & Associates Eragineerlni],
I
FREESE & NICHOLS 2149202565 03/25/99 11:01AM Job 245
EXHIBIT "A"
RIGI-tT-OF-WAY PARCEl,
METES AND BOLrNDS DESCRIPTION
BliiNC; 0.2795 of an Itcrc Iract of land situated in tile B.B.B & C.R.R. Survey, Abstiact N{o. 1772, Ihe City
of Cc~pF~cll, Dallas County, Texas and being a portion of a called 7.2 acre tract of land described to Rt~bcrt
I [. ,.~talc~n. Jr_ & David M. Staton by deed recorded in Volulne 83093. F'age 34 13. I:)eed P, ecords of Dallas
Courtly, Texas (I) RDCT), said 0.2795 acre iract of land being more parlicularly described as follows:
I]U.(}INNIN(; at the ~southeast corner o1" said Statoa tract ~f land and being in the existing northerly right-
of-way line ot'Coppcll Road (a variable width right-of.-v.,ay);
TI-tliNCli North 86°33, I 1" ~,Vest along tile soulherly line of said Staton tract of land and Ihe existing
nt>rtherly right-of-way line cff said CopI~ell Road. a distance of 950.00 feet tt~ a point for the south',vest
cc~rncr ~l' said Staton tract of land;
TIIENCE North 19°51'11' West along the westerly line of said Stattnx tract of land, a distance of 13.61
fi~c.~ to a t,,i inch ir¢~rl rod set for corner in the proposed northerly righl-of-w:'ty line of sqid Coppell l~toad;
'I'!Ii~NCli South 86°33'1 I' East, along said proposed nt,>rthcrly right-of.-way line, a distance o1' 823.54 feet
to a n/2 inch irwin rod set for a point of curvature of a curve to the left having a radius of 975.00 tibet;
TEIENCE easterly along said proposed northerly right-of-way line and along said curve to the !eft through a
central angle of 02°08'03'', i~r an arc distance of 36.32 feet and a chord bearing of Sotlib 87°37, lY' East
and a chord distance ol' 36.32 feel to a Va inch iron rod sel for tile point of rangehey;
TliENCE South 88°41, 14" East, continuing along said proposed northerly right-of-~,ay line. ;I dislance c3l'
9~.37 feet lc~ a V2 inch irc~n rod set in the easterly line of said ~tatc~n traGt c~l' ianc[;
"I'HENCI:i South 12°44'59" West along the easterly line of said Sialon trace of land, a distance t~t' 17.07 feet
tile PC)IN"I' OF BEGINNING;
CONTAINING a tonipuled area of 12, 177 square feet or 0.2795 of an acre of land.
Page
3/3
Sheet 2 of 2
Sent by: FREESE &'NZOHOL8
FBEESE - NICHOLS
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Electrical Engineering
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Pipeline Design
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Pump Station Design
RemediaLion
Site Development
Streets & Highways
Structural Engineering
Telecommunications
Utilities
Solid Waste Facilities
Water Resource Planning
,~"' Water Transmission Systems
2149202565
21~'T32565 02/23/99 r'*"¢AM Job 461 Page 1
1341 W. Mockingbird Lane, Suite 230-E, Dallas, Texas 75247-4922
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FAX TRANSMITTAL SHEET
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~/~- ,,t0~- !55,7o
From:
Date:
Total number of pages, including transmittal sheet:
Charge: OPt q8 Y~ 1 B./
Comments: T ~4. vt' rert,,i,d a'~.~4' _
J' ~;t -,/r/,; /9~F.,,~. i~;, /,~$
If there is a problem receiving any pages, please call.
Kathryn at 214/92I)~2500.
i't-
O
6~
//
0
[_
0
O}
~i:!::.28-ent by: FREESE & ,NZCHOLS 2149202565 02/23/99
FRX N0.:
' " FACSIMILE TRANSMISSION
~9 To; Keyin Young
: OrganSlotion-. Freese & N~, Inc.
RE:
Date:
Job
MESSAGE:
Staton Properly on Coppell Road
Feb. 11, 1999
2 page(s) including this pass
G&A # g9-024
8:36AM Job 461 Page 3/3
Mar. 22 1998 0:[: 50PH P1
Kevifi:
Wetl, I think, between TxDOT and myself we have finally resolved the alignment of Coppetl Road and
SH 121. The re,quits are not what was originally shown on the right-of-way map for $H t21, but I think
this configuration is the best fit for the intent of the etaton tracfs deed.
t have attached a drawing ol the property and right-d-way lines along with the coordinates for the
property comers. ! will jusl intersect the new right-of-way line that you have oaleulated with these new
property lines to generate the acquisition map and description for the S~tofl tract.
t am waiting on a call from the City of Coppall Concerning the Mansions by the Lake tract and fie
GTE piat. 1 should be abhe to get you all of the signed and sealed documents early next week. I had
planned on getting you everything but the maps and descriptions on the Staton tract, the Mansions
by the Lake tract and the GTE tract, but Tdsh has Robert busy on fie Wih3ox project today and i can't
get those plotted. I will oall you first thing MondaW morning when I get back from vacation-
Fr~lt the deck
Lyndon M. 'Bud" Hodgin, RPLS
Director of Surveying
Garcia & Associates Engineerir~, ,nc.
6850 Manhattan BIrd., Suite 900
Fort Worth, Texas 76120
Tel: 817/446-1 BOO
Fax: 817/448-1113
COPPELL, TEXAS 75019
P.Q Box 478
CoppelI, Texas 75019
972-462-0022
February 11, 1999
Ron Thomas
Joe Foster Company
900 One Lincoln Center
5400 LBJ Freeway
Dallas, TX 75240
RE: Coppell Road ST 98-01 / Robert Staton property on Coppell Road
Dear Mr. Thomas:
Enclosed please find copies of the following construction plan sheets: PV-8, PV-9, PV-10,
SD-6, WA-9, WA-10 & WA-11. The PV sheets are of the paving plans adjacent to your
property. The SD sheets are the storm drainage plans adjacent to your property and the WA
sheets are the water line plans adjacent to your property. It should be noted that there are
several 8" stub-outs north to the Staton property.
Also, included with this information is a draft copy of an Economic Development Grant. This
is a sample format that has previously been prepared by our city attorney. If you believe that
the Economic Development Grant is a mechanism that we can work toward to get the
dedication of the right-of-way please let know. I will then contact the city attorney to finalize
an Economic Development Grant, which once fmalized by you would then be taken to City
Council for approval.
Because of the need to get Coppell Road constructed prior to the end of 1999, the City of
Coppell is on an expedited scheduled. Therefore, any assistance you can give in responding
back to me in a timely manner would be greatly appreciated. If you should have any questions
concerning these issues please feel free to contact me at your convenience.
Sincerely,
Kenneth M. Griffin, P.E.
Director of Engineering and Public Works
DRAFT
February 11, 1999
STATE OF TEXAS
COUNTY OF DALLAS
ECONOMIC DEVELOPMENT
INCENTIVE AGREEMENT
This Economic Development Incentive Agreement ("AGREEMENT") is made by and
between the City of Coppell, Texas ("CITY"), and . ("OWNER"), acting by and
through their respective authorized officers.
WITNESSETH:
WHEREAS, the enhancement of the local economy is in the best interest of the citizens
of the CITY; and
WHEREAS, economic development incentives encourage businesses and companies to
locate or expand operations in the CITY; and
WHEREAS, the CITY has adopted programs for promoting economic development
incentives; and
WHEREAS, the CITY is authorized pursuant to Section 380, Texas Local Government
Code to provide economic development incentives; and
WHEREAS, OWNER owns property generally north of Coppell Road and east of S.H.
121 ( ) acres of land located in Coppell, Texas described in Exhibit "A" attached hereto (the
"PREMISES"); and.
WHEREAS, the CITY intends to construct Coppell Road (the "IMPROVEMENTS")
across the southern portion of the PREMISES which will require the dedication of fight of way;
and
WHEREAS, OWNER has advised the CITY that a contributing factor that would
induce OWNER to dedicate right of way so the CITY can construct the IMPROVEMENTS
would be an agreement by the CITY to provide an economic development incentive to OWNER
to defray a portion of the cost to be incurred as a consequence of developing the PREMISES
and locating within the CITY; and
Economic Development Incentive Agreement - Page 1 ss22695
WHEREAS, the CITY has found and determined that making a conditional economic
development incentive grant to OWNER in accordance with this AGREEMENT will further
the objectives of the CITY and will benefit the CITY and its inhabitants.
NOW THEREFORE, in consideration of the foregoing, and on the terms and conditions
hereinafter set forth and for other valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the parties agree as follows:
ARTICLE I
Tei'm
1. This AGREEMENT shall commence on the date on which all parties hereto have'
executed this AGREEMENT and continue tmtil the satisfaction of Paragraphs 2 and 3 by the
parties.
ARTICLE II
Economic Development Grant
2. Subject to OWNER'S continued satisfaction of all the terms and conditions of
this AGREEMENT, CITY agrees to provide the following economic development grant:
CITY agrees to provide OWNER a credit against current and future roadway
impact fees to be assessed against the PREMISES as a result of the future
development of the PREMISES, in an mount up to the roadway impact fees that
will be due and payable upon development of the PREMISES, not to exceed the
value of the right of way necessary firom the PREMISES for the construction of
Coppell Road. The total right of way required firom the PREMISES is 0.4492
acres (19,567 square feet). The agreed upon value is $ per square foot for a
total credit against current and future roadway impact fees of $ for the
PREMISES. The parties agree that the CITY shall not be required to pay a
refund in cash or cash equivalent for any portion of such credit or waiver to
OWNER or any other party.
Conditions to Economic Development Grant
3. OWNER shall dedicate right of way (0.4492 acres) necessary for the construction
of the IMPROVEMENTS immediately upon approval of this agreement by the City Council of
the City. In no event will the CITY be financial responsible for costs that exceed the amount of
the credit for the roadway impact fees.
Economic Development Incentive Agreement - Page 2 ss22695
ARTICLE lII
Termination
4. In the event OWNER fails to meet any of the conditions of this AGREEMENT,
then CITY shall give OWNER written notice of such failure, and if OWNER has not cured
such failure within thirty (30) days after receipt of such written notice, this AGREEMENT
subject to the provisions of Paragraph 8 below, may be terminated by the CITY without further
notice.
ARTICLE IV
Recapture of Grant
5. In the event OWNER fails in the performance of any of the following conditions:
(i) dedication of the right of way in accordance with this AGREEMENT or in accordance with
applicable State or local laws, code or regulations; (ii) has any delinquent ad valorem or State sales
taxes owed to the CITY (provided OWNER retains the right to timely and properly protest such
taxes or assessment); (iii) upon the occurrence of an "Event of Bar~cmptcy or Insolvency"; or (iv)
breaches any of the terms and conditions of this AGREEMENT, then OWNER, after the
expiration of the notice and cure periods provided above, shall be in default of this
AGREEMENT. For purposes hereof, an "Event of Bankruptcy or Insolvency" shall mean the
dissolution or termination of OWNER's existence, insolvency, appointment of receiver for any
part of OWNER's property and such appointment is not terminated within sixty (60) days after
such appointment is initially made, any general assignment for the benefit of creditors or the
commencement of any proceedings under any bankruptcy or insolvency laws by or against
OWNER and such proceedings are not dismissed within sixty (60) days after the filing thereof. As
liquidated damages in the event of such default, OWNER shall, within thirty (30) days after
demand, pay to the CITY an amount equal to the total economic development incentive grant
provided by the CITY consisting of the total dollar amount of credit/waiver of roadway impact fees
theretofore provided for the PREMISES. The paxties acknowledge that actual damages in the
event of default would be speculative and difficult to determine.
ARTICLE V
MISCELLANEOUS
No Conflicts of Interest
6. The CITY represents and warrants that the PREMISES or any adjacent property
upon which the IMPROVEMENTS is to be located is not owned by any officer or employee of
the CITY.
Economic Development Incentive Agreement - Page 3 SS22695
Binding Agreement
7. The terms and conditions of this AGREEMENT are binding upon the successors
and assigns of all parties hereto. This AGREEMENT may not be assigned without the express
written consent of CITY.
Limitation on Liability
8. It is understood and agreed between the parties that OWNER, in the dedication of
the right of way and satisfying the conditions of this AGREEMENT, is acting independently, and
the CITY assumes no responsibilities or liabilities to third parties in connection with these actions.
OWNER agrees to indemnify and hold harmless the CITY f~om all such claims, suits, and causes
of actions, liabilities and expenses, including reasonable attomey's fees, of any nature whatsoever'
arising out of its respective obligations (but not the obligations of the CITY or other party) under
this AGREEMENT.
9. It is acknowledged and agreed by the paxties that the terms hereof are not intended
to and shall not be deemed to create any partnership or joint venture among the parties. The CITY,
past, present and future officers, elected officials, employees and agents of the CITY do not assume
any responsibilities or liabilities to any third party in connection with the development of the
PREMISES. In addition, OWNER acknowledges and agrees that there shall be no recourse to any
of the aforesaid parties, who shall incur no liability in respect of any claims based upon or relating
to this AGREEMENT.
Authorization
10. This AGREEMENT was authorized by City Council, authorizing the undersigned
to execute this AGREEMENT on behalf of the CITY.
11. OWNER represents that it has full capacity and authority to grant all rights and
assume all obligations that it has granted and assumed under this AGREEMENT.
Notice
12. All notices required by this AGREEMENT shall be addressed to the following, or
other such party or address as either party designates in writing, by certified mail, postage prepaid
or by hand-delivery:
Economic Development Incentive Agreement - Page 4
SS22695
flintended for OWNER, to:
(insert address)
flintended for CITY, to:
City of Coppell, Texas
Atm: City Manager
255 Parkway Boulevard
P.O. Box 478
Coppell, Texas 75019
Entire Agreement
13. This AGREEMENT is the entire AGREEMENT between the paxties with respect
to the subject matter covered in this AGREEMENT other than the Tax Abatement Agreement.
There is no other collateral oral or written AGREEMENT between the parties that in any manner
relates to the subject matter of this AGREEMENT, except as provided in the Exhibits attached
hereto.
Governing Law
14. The validity of the AGREEMENT and any of its terms and provisions, as well as
the rights and duties of the paxties, shall be govemed by the laws of the State of Texas; and venue
for any action conceming this AGREEMENT shall be in the State District Court of Dallas County,
Texas.
Amendment
15.
parties.
This AGREEMENT may be amended by the mutual written agreement of the
Legal Construction
16. In the event any one or more of the provisions contained in the AGREEMENT
shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invatidity,
illegality, or unenforceability shall not affect other provisions, and the AGREEMENT shall be
construed as if such invalid, illegal, or unenforceable provision had never been contained in it.
Economic Development Incentive Agreement - Page 5 3322695
17. The provisions of this AGREEMENT are hereby declared covenants nmning
with the PREMISES and are fully binding on all successors, heirs, and assigns of OWNER who
acquires any right, title, or interest in or to the PREMISES or any part thereof. Any person who
acquires any fight, title, or interest in or to the PREMISES, or any part hereof, thereby agrees
and covenants to abide by and fully perform the provisions of this AGREEMENT with respect
to the right, title or interest in such PREMISES.
RECORDATION OF AGREEMENT
18. A certified copy of this AGREEMENT shall be recorded in the Deed Records of
Dallas County, Texas.
RECITALS
19. The recitals to this AGREEMENT are incorporated herein.
EXECUTED on this
day of
,1999.
CITY OF COPPELL, TEXAS
ATTEST:
By:
CANDY SHEEHAN, MAYOR
By:
KATHLEEN ROACH, CITY SECRETARY
APPROVED AS TO FORM:
By:
PETER G. SMITH, CITY ATTORNEY
EXECUTED in duplicate originals this the __
By:
Name:
Title:
Economic Development Incentive Agreement ~ Page 6
day of ,1999.
SS22695
CITY'S ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on the __ day of ,
19 , by Candy Sheehan, Mayor of the City of Coppell, Texas, a Texas municipality, on behalf of
said municipality.
My Commission Expires:
Notary Public, State of Texas
Economic Development Incentive Agreement - Page 7
SS22695
OWNER'S ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF DALLAS
This instrument was acknowledged before me on the day of
19__, by of ., on behalf of said corporation.
My Commission expires:
Notary Public, State of Texas
Economic Development Incentive Agreement - Page 8 ss22695
EXHIBIT "A"
DESCRIPTION OF PREMISES
EXHIBIT
,, ~.,~
I/2"
l i"W
13.61'
L=36.32' ',1 · 9.~,."
CHB=587°37' 13"E
CHD=36.32'~ ~
,.
~S86~33'~ I'~ 823.5~'
2 S88~41'I4"E 98.37'
~"
950.00,° '1 I"W
EXHIBIT 'A'
S 12°44'Sg"W
R~ ~QUISITION COPPELL ROAD ~.o~'
0.2795 ACRE ~ A VARIABLE WIDTH ROW )
12,177 SO. FT.
POINT OF BEGINNING ~
EXHIBIT 'A'
BEARINGS SHOWN HEREON ARE BASED ON THE SOUTHERLY
LINE OF THE ROBERT H. 5TATON, JR. & DAVID M.
STATON TRACT OF LAND AND THE NORTHERLY RIGHT-OF-WAY
LINE OF COPPELL ROAD BEING NORTH 86'33'11' WEST
COPPELL ROAD PROJECT
RIGHT-OF-WAY ACQUISITION
BEING A PORTION OF
ROBERT H. STATON, JR,&
DAVID M. STATON
VOI... 83093. PG. 3413
D.R.D.C.T.
SITUATED/N THE
B.B.B. & C.R.R. SURVEY
ABSTRACT N0.1772
CITY OF COPPELL
DALLAS COUNTY, TEXAS
PROJECT: COPPELL ROAD
F I LE' pz \ 98\ 98-024\EXH I B I T\ROWTAKEG. DON
JOB NO: CAtt 98-024 DRAWN BY: RWB
DATE: FEBRUARY I, 1999 PACE: I OF 2 SCALE: 1"'=60'
B.B.B. & C.R.R. SURVEY, ABSTRACT NO. 1772, DALLAS COUNTY, TEXAS
LYNDON M. HODG I N
R.P.L.S.
TEXAS NO. 4584
LJ~Garcia & Associates Engineering, Inc.
EXHIBIT "A"
RIGHT-OF-WAY PARCEL
METES AND BOUNDS DESCRIPTION
BEING 0.2795 of an acre tract of land situated in the B.B.B & C.R.R. Survey, Abstract No. 1772, the City
of Coppell, Dallas County, Texas and being a portion of a called 7.2 acre tract of land described to Robert
H. Staton, Jr. & David M. Staton by deed recorded in Volume 83093, Page 3413, Deed Records of Dallas
County, Texas (DRDCT), said 0.2795 acre tract of land being more particularly described as follows:
BEGINNING at a point for the southeast corner of said Staton tract of land, same being on the northerly
right-of-way line of Coppell Road (a variable width right-of-way);
THENCE North 86033' 11" West along the southerly line of said Staton tract of land and the northerly
right-of-way line of said Coppell Road, a distance of 950.00 feet to a point for the southwest corner of said
Staton tract of land;
THENCE North 19°5 l'l 1" West along the westerly line of said Staton tract of land, a distance of 13.61
feet to a V2 inch iron rod set for corner;
THENCE South 86°33'1 l" East, a distance of 823.54 feet to a 1/2 inch iron rod set for a point of curvature
of a curve to the !eft having a radius of 975.00 feet;
THENCE easterly along said curve to the left through a central angle of 02o08'03'', for an arc distance of
36.32 feet and a chord of South 87 ° 37'13" East, 36.32 feet to a V2 inch iron rod set for a point of tangency;
THENCE South 88°41'14'' East, 98.37 feet to a V2 inch iron rod set in the easterly line of said Staton tract
of land and the northerly right-of-way line of said Coppell Road;
THENCE South 12044'59'' West along the easterly line of said Staton tract of land, a distance of 17.07 feet
to the POINT OF BEGINNING;
CONTAINING a computed area of 12, 177 square feet or 0.2795 of an acre of land.
Sheet 2 of 2