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ST9801-ES 990323WINGO STATE OF TEXAS COUNTY OF DALLAS RIGHT OF WAY AND SLOPE 06/29/99 1649409 $17.00 Deed KNOW ALL MEN BY THESE PRESENTS 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, William M. Wingo, herein after referred to as GRANTOR, in consideration of the stun of Five Thousand, five hundred and twenty-six dollars and ninety-four cents ($5,526.94) and other good and valuable consideration in hand paid by City of Coppell, Tens, receipt of which is hereby acknowledged, does by these presents grant, bargain, sell and convey unto City of Coppell, Texas, ("GRANTEE"), the free and uninterrupted use, liberty and privilege of passage in, along, upon and across the following described property owned by Grantor for the purpose of right of way (the "right of way easement strip") and a slope easement for grading, sloping or filling along, upon and across said property to provide a more subtle grade change transition, 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 for the purpose of maintaining, making additions to, improvements on and repairs to any part of the right of way easement and to the said slope easement or any part thereof. Said right of way and slope easement strips 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 relocate from the right of way easement strip, such fences, buildings and other obstructions as may be found upon the new right of way and slope easement. After construction has been completed or after any entry for repairs or maintenance, GRANTEE shall, except for removed obstructions, return the surface area of the easement strips to their 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 slope easement strip for purposes which will not interfere with GRANTEE'S rights hereby granted and agree that, GRANTEE shall not be obligated for future maintenance and upkeep of the slope easement strip. 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 Y~rc]~ , 1999. GRANTOR 991'26 02811 STATE OF TEXAS § COUNTY OF DALLAS § This instrument was acknowledged before me on_ the ~ac c5~ , 1999, by Cc) ;ll,~-x ~. ~, rx~ e~ PAULA J. CROCKER '~ ~:~- MY COMMISSION EXPIRES "~..~'~V O~.,.r 17. ~ J day -;NOTA tate My Commission Expires: (Type / Print Name of Notary) of 99 i'26 02815 . I -' EXHIBIT 71' & 'B' EXHIBIT "B" IO-FOOT SLOPE I (CM) I /-PROPOSED RIGHT-OF-WAY LINE .4.---EXISTING RIGHT-OF-WAY LINE EASEMENT ~ 0.0344 OF AN ACRE 1,499 SO. FT. I I/2" IRS N88°5 I I O.0,1 ;' ---~%.~, i oN 0.0305 OF AN ACRE 1,327 SO. FT. ._J LLi--J Q_. x 1"-30' POINT OF BEGINNING EXHIBIT 'B" CM=CONTROL MONUMENT N88°5 1 ':36"W/ 8.0' POINT OF ,BEGINNING EXHIB T :'B' BEARINGS SHOWN HEREON ARE BASED ON THEEASTERLY LINE OF THE BETTY A. PHILLIPS TRACT OF LAND AND THE EXISTING WESTERLY RIGHT-OF-WAY LINE OF COPPELL ROAD BEING SOUTH O3° 59'32" WEST COPPELL ROAD PROJECT RIGHT-OF-WAY ACQUISITION IO-FOOT SLOPE EASEMENT BEING A PORTION OF BETTY APHILUPS VOL. 88149. PG. 3215 D.R.D,C.T. SITUATED IN THE JOHN E. HOLLAND SURVEY ABSTRACT N0.614 CITY OF COPPELL DALLAS COUNTY, TEXAS PROJECT: COPPELL ROAD FILE: P:\ 98\ 98-O24\EXHIBIT\ROWTAKE1.DGN JOB NO: GA" 98-024 I DRAWN BY: RWB DATE: FEBRUARY 1999 PAGE: I OF 3 SCALE: 1"=:.30' dOHN E, HOLLAND SURVEY, ABSTRACT N0, 61 zl, DALLAS COUNTY, TEXAS LYNDON M. HODGIN R.P.L.S. TEXAS NO. 4584 LP~Garcia & Associates Engineering, Inc. 99 1126 02816 EXHIBIT "A" RIGHT-OF-WAY PARCEL METES AND BOUNDS DESCRIPTION BEING a 0.0305 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 0.077 acre tract of land described to Betty A. Phillips by deed recorded in Volume 88149, Page 3215, Deed Records of Dallas County, Texas (DRDCT), said 0.0305 of an acre tract of land being more particularly described as follows: BEGINNING at the southeast corner of said Phillips 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 Phillips tract of land, a distance of 8.01 feet to a V2 inch iron rod set for corner in the proposed westerly right-of-way line of Coppell Road; THENCE North 03°20'34'' East, along said proposed westerly right-of-way line a distance of 149.93 feet to a V2 inch iron rod set for corner in the northerly line of said Phillips tract of land, same being the southerly line of a called 130.710 acre tract of land described to William F. Callejo, Trustee by deed recorded in Volume 80004, Page 1835, DRDCT; THENCE South 88°51 '36" East, along the northerly line of said Phillips tract of land and the southerly line of said Callejo tract of !and, a distance of 9.71 feet to the northeast corner of said Phillips tract of land in the existing westerly right-of-way line of Coppell Road; THENCE South 03o59'32'' West, along the easterly line of said Phillips tract of land and said existing westerly right-of-way line, a distance of 150.00 feet to the POINT OF BEGINNING; CONTAINING a computed area of 1,327 square feet or 0.0305 of an acre of land. Sheet 2 of 3 991'26 02817 EXHIBIT "B" 10-FOOT SLOPE EASEMENT METES AND BOUNDS DESCRIPTION BEING a 0.0344 of an acre tract of land situated in the John E. Holland Survey, Abstract No. 614, the City of Coppeil, Dallas County, Texas and being a portion of a called 0.077 acre tract of !and described to Betty A. Phi!lips by deed recorded in Volume 88149, Page 3215, Deed Records of Dallas County, Texas (DRDCT), said 0.0344 of an acre tract of land being more particularly described as follows: COMMENCING at the southeast corner of said Phillips tract of land, same being in the existing westerly right-of-way line of Coppell Road (a vaJ'J~lgdOilllt~t-of-way); THENCE North 88°51'36'' West a ong l~tsll~rt~ line of said Phillips tract of land, a distance of 8.01 feet to the POINT OF BEGINNING; ~0~ II ~ THENCE North 88°51'36'' West, continuing along said southerly line of said Phillips tract of land, a distance of 10.01 feet to a point for corner; THENCE North 03°20'34'' East, a distance of 149.93 feet to a point for corner in the northerly line of said Phillips tract of land, same being the southerly line of a called 130.710 acre tract of land described to William F. CaHejo, Trustee, by deed recorded in Volume 80004, Page 1835, DRDCT; THENCE South 88 °51 '36" East, along the northerly line of said Phillips tract of land and the southerly line of said Callejo tract of land, a distance of 10.01 feet to a point for corner; THENCE South 03o20'34'' West, a distance of 149.93 feet to the POINT OF BEGINNING; CONTAINING a computed area of 1,499 square feet or 0.0344 of an acre of land. Sheet 3 of 3 99 i'26 02818 99 jLtll 29 ~H lO: 32 STATE OF TEXAS COUNTY OF DALLAS I Mrel~y ¢mti~ this Inst/umeat was flied on the ~ate and time Mlfltl~:l Mreelt I~ I1~ end was duly reconied in till volume and of Sll ttte ~mlMd ~xils of Dalla& C~un~ felli It stamped JUN 29 1999 ji~OBOJC47t 991'26 02819 COPPELL, TEXAS 75O19 P.O. Box 478 Coppefi, Texas 75019 972-462-0022 March 3, 1999 William M. & Jane E. Wingo 3001 Yale Drive Flower Mound, TX 75028 RE: Coppell Road Project//ST 98-01 Dear Mr. Wingo: Thank you for taking the time to visit with me concerning the acquisition of right-of-way from your property located along Coppell Road. Based on our conversation, the City of Coppell is willing to offer the following in exchange for the right-of-way: 1. Acquisition of right-of-way at $3.25/sq. ft. x 1327 sq. ft. 2. The purchase of a temporary construction easement for $0.81/sq. ft. x 1499 sq. ft. 3. Replacement of existing 12' wide driveway with two 18' wide driveways (estimated cost to City for additional driveways & wider driveway is approximately $950) $4,312.75 $1,214.19 Total $5,526.94 If tiffs is acceptable to you please sign below and return to me. Once I have received the !e_n. er, I will start the process for payment of the $5,526.94. 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 me at 972/304-3686. Sincerely, Kenneth M. Griffin, P.E. Director of Engineering/Public Works In Agreement ~(~/~lli/amM. Wingo' TIF ['l July 2, 1997 Carl D. nnaya 533 ndy Lake z I-~ Sandy Lake Road projeer?~'-~)*i '/Parcel 36 Dear Mr. Kanimaya: Co~ I timewith me concerning the acquisition of right-of-way from Thank you for taking the to your property located along Road. Based on our conversation, the City of Coppell is willing to offer the following in exchange for the right-of-way: 2.2.,5. 3~S 13 z.'7 1. Acquisition of right-of-way at $_.'~.dsq. ft. x 1584 sq. ft h-,~Do.00 3. Cons.-ruction ~ 16 :hot wid to acces the property ............. 4. No assess nt for the San oad ' provements per J aly , 1997 Conncil vel ment of the · ' ' ' way ~)12,14 ~ will st~t ~e process for paymeBt Of ~e ~e~ ~e check has been process~ we c~ ~r~ge a mu~aHy agreeable t~e to meet to BO~e ~e document ~ exch~ge for ~e check. Thank you for your patience and if you should have any questions please feel flee to contact this office. Sincerely, 31 Kenneth M. Griffin, P.E. Assistant City Manager/City Engineer '~hL. In Agreemere ~,, , 40t;. C~ ~ ~ ~ % ~'~ ~ '~"~'~ d.~ ~ STATE OF TEXAS COUNTY OF DALLAS RIGHT OF WAY AND SLOPE EASEMENT KNOW ALL MEN BY THESE PRESENTS 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, William M. Win~,o, herein after referred to as GRANTOR, in consideration of the sum of Five Thousand, five hundred and twenty-six dollars and ninety-four cents ($5,526.94) and other good and valuable consideration in hand paid by City of Coppell, Texas, receipt of which is hereby acknowledged, does by these presents grant, bargain, sell and convey unto City of Coppell, Texas, ("GRANTEE"), the free and uninterrupted use, liberty and privilege of passage in, along, upon and across the following described property owned by Grantor for the purpose of right of way (the "right of way easement strip") and a slope easement for grading, sloping or filling along, upon and across said property to provide a more subtle grade change transition, 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 for the purpose of maintaining, making additions to, improvements on and repairs to any part of the right of way easement and to the said slope easement or any part thereof. Said right of way and slope easement strips 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 relocate from the right of way easement strip, such fences, buildings and other obstructions as may be found upon the new right of way and slope easement. After construction has been completed or after any entry for repairs or maintenance, GRANTEE shall, except for removed obstructions, return the surface area of the easement strips to their original condition as nearly as practical taking int~ consideration the nature of the work being performed. GRANTOR reserve the right to use and maintain the surface of the slope easement strip for purposes which will not interfere wit,~ GRANTEE'S rights hereby granted and agree that, GRANTEE shall not be obligated for future maintenance and upkeep of the slope easement strip. ' TO HAVE AND TO HOLD unto the City of Coppe!l, Texas, its successors or assigr_s for the purposes aforesaid, the premises above described. EXECUTED this $3d d yof ,1999. GRANTOR STATE OF TEXAS § § COUNTY OF DALLAS § This instntment was acknowledged before ~eCL , 1999, by me on the NOT A~/,~State of~~Te~~ My Commission Expires: ~0/~/~0 (Type / Print Name of Notary) of 't EXHIBIT & 588°51 '36'lE-X~' ~S88"51 '36'1E I0.01' 9.71' 0 o'°11 ?O~t't~i EXHIBIT "B' IO-FOOT SLOPE EASEMENT 0~3344 OF AN ACRE 1.499 SO. FT. /PROPOSED RIGHT-0F-Y~AY LINE 4--.-- .~_---EXISTING RIGHT-OF-WAY LINE /2" IRS 0.0305 OF AN ACRE: 1327 SO. FT. LLI--J EL C::)cr C_)> 1"'30' I 0.0.1 ;' POINT OF BEGINNING EXHIBIT 'B' CM=CONTROL MONUMENT N88°5 i ",36"W 8.0' POINT OF BEGINNING EXHIBIT "A' POINT OF COMMENCING EXHIBIT :'B' BEARINGS ~ SHOWN HEREON ARE BASED ON THEEASTERLY LINE OF THE BETTY A. PHILLIPS TRACT OF LN,,ID N',ID THE EXISTING WESTERLY RIGHT-OF-WAY LINE OF COPPELL ROAD BEING SOUTH 03" 59'32" WEST COPPELL ROAD PROJECT RIGHT -OF-WAY ACQUISITION IO-FOOT SLOPE EASEMENT BEING A PORTION OF BETTY APHILUPS VOI. j 88149. PG. 3215 D.R.D.C.T. SITUATED IN THE JOHN E. HOLLAND SURVEY ABSTRACT N0.614 CITY OF COPPELL DALLAS COUNTY, TEXAS PROJECT: COPPELL ROAD FILE: P:\ 98\ 98-024\EXHIBIT\ROWTAKE1.DGN JOB NO= GA= 98-024 I ) DRAWN BY: RWB DATE= FEBRUARY 1999 PAGE: I OF 3 SCALE = 1"=30' JOHN E, HOLLAND SURVEY, ABSTRACT NO, col4, DALLAS COUNTY, TEXAS LYNDON M, HODGIN R.P.L.S. TEXAS NO. 4584 LGarcla & Associates Engineering, Inc. 'IF 'i ]' i ]" EXHIBIT "A" RIGHT-OF-WAY PARCEL METES AND BOUNDS DESCRIPTION BEING a 0.0305 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 0.077 acre tract of land described to Betty A. Phillips by deed recorded in Volume 88149, Page 3215, Deed Records of Dallas County, Texas (DRDCT), said 0.0305 of an acre tract of land being more particularly described as follows: BEGINNING at the southeast corner of said Phillips 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 Phillips tract of land, a distance of 8.01 feet to a V2 inch iron rod set for corner in the proposed westerly right-of-way line of Coppeli Road; THENCE North 03o20'34'' East, along said proposed westerly right-of-way line a distance of 149.93 feet to a V2 inch iron rod set for corner in the northerly line of said Phillips tract of !and, same being the southerly line of a called 130.710 acre tract of land described to William F. Callejo, Trustee by deed recorded in Volume 80004, Page 1835, DRDCT; THENCE South 88°51 '36" East, along the northerly line of said Phillips tract of land and the southerly line of said Ca!lejo tract of land, a distance of 9.71 feet to the northeast corner of said Phi!lips tract of land in the existing westerly right-of-way line of Coppell Road; THENCE South 03o59'32'' West, along the easterly line of said Phillips tract of land and said existing westerly right-of-way line, a distance of 150.00 feet to the POINT OF BEGINNING; CONTAINING a computed area of 1,327 square feet or 0.0305 of an acre of land. Sheet 2 of 3 EXHIBIT "B" 10-FOOT SLOPE EASEMENT METES AND BOUNDS DESCRIPTION BEING a 0.0344 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 0.077 acre tract of land described to Betty A. Phillips by deed recorded in Volume 88149, Page 3215, Deed Records of Dallas County, Texas (DRDCT), said 0.0344 of an acre tract of land being more particularly described as follows: COMMENCING at the southeast corner of said Phillips tract of land, same being in the existing westerly right-of-way line of Coppell Road (a variable width right-of-way); THENCE North 88o51'36'' West along the southerly line of said Phillips tract of land, a distance of 8.01 feet to the POINT OF BEGINNING; THENCE North 88°51'36" West, continuing along said southerly line of said Phillips tract of land, a distance of 10.01 feet to a point for corner; THENCE North 03o20'34'' East, a distance of 149.93 feet to a point for corner in the northerly line of said Phillips tract of land, same being the southerly line of a called 130.710 acre tract of land described to William F. Ca!lejo, Trustee, by deed recorded in Volume 80004, Page 1835, DRDCT; THENCE South 88°51 '36" East, along the northerly line of said Phi!lips tract of land and the southerly line of said Callejo tract of land, a distance of 10.01 feet to a point for corner; THENCE South 03o20'34'' West, a distance of 149.93 feet to the POINT OF BEGINNING; CONTAINING a computed area of 1,499 square feet or 0.0344 of an acre of land. Sheet 3 of 3 l D~ COPPELL, TEXAS 75019 William M & Jane E Wingo 3001 Yale Drive Flower Mound, TX 75028 RE: Coppell Road Project//ST 98-01 10 ; 2,D [-~di~f~ P.O. Box 478 Coppell, Texas 75019 972-462-0022 February 18, 1999 Dear Mr. Wingo: Thank you for taking the time to meet with me on your property concerning the acquisition of the right-of-way for the construction of Coppell Road. As I stated, the project is on a fast track timeline and we are scheduled to open construction bids the latter part of February and award the contract the first part of March. To accomplish this timeline it is imperative that the right-of-way be acquired. With this letter I am including a portion of the construction plans that show your property in relationship to the existing asphalt paving and the proposed concrete street. It also shows the location of your existing 12-foot driveway and the potential location of two 18-foot driveways. I am also including the preliminary right-of-way documents that show the City of Coppell is seeking 1,327 square feet of property for the permanent right-of-way for the construction of Coppell Road. In addition to the permanent right-of-way, there is a proposed 1,499 square foot temporary slope easement. The temporary slope easement is utilized to allow for proper grading of the adjacent property back to the new roadway sections when the road is either being raised or lowered. In this case, the roadway is being lowered approximately 1 foot through the limits of your property. Any grading in the temporary slope easement that disturbs the surface area is returned to as good or better condition by the contractor after construction has been completed. Temporary slope easements are held in my office and are not filed at the County for record. Once the project is complete, those documents are disposed of and no record exists that would encumber the land for future purchasers. Please take the time to review this information and call me at (972)304-3686 so that we can discuss the project and the acquisition of the right-of-way from your property. Sincerely, P.E. Director of Engineering and Public Works S88°51 '36"E S88°51 '3G'1~ I0.01' ~ ~ 9.71' I IRS N8j I0.01' I/2' 0.0305 OF AN ACRE 1.327 SO. FT. M POINT OF BEGINNING EXHIBIT 'B' N88"51';36'lV POINT OF BEGINNING EXHIBIT "A' POINT OF COMMENCING EXHIBIT :'B" BEARINGS SHOWN HEREON ARE BASED ON THEEASTERLY LINE OF THE BETTY A. PHILLIPS TRACT OF LAND AND THE WESTERLY RIGHT-OF-WAY LINE OF COPPELL ROAD BEING SOUTH 03'59'32' WEST COPPELL ROAD PROJECT RIGHT -OF .-WAY ACQUISITION IO-FOOT SLOPE EASEMENT BEING A PORTION OF BETTY APHILUP5 VOL. 881,t9, PG. 3215 D.R.D.C.T. SITUATED IN THE JOHN E. HOLLAND SURVEY ABSTRACT N0,614 CITY OF COPPELL DALLAS COUNTY. TEXAS PROJEC]:COPPELL ROAD FILE, P,\ 98\ 98-024\EXHIBIT\ROWTAKEI.DGN JOB NO:GA~ 98-024 DRAWN BY:RWB DATE=FEBRUARY 1,1999 PAGE=I OF ] SCALE :1"=30' JOHN E. HOLLAND SURVEY, ABSTRACT NO. 614, DALLAS COUNTY, TEXAS LYNDON M. HODGIN R.P.L.S. TEXAS NO. 4584 LGarcla & Associates Englneedng, Inc. . "=:*r':': = ' EXHIBIT "B" 10-FOOT SLOPE EASEMENT METES AND BOUNDS DESCRIPTION BEING a 0.0344 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 0.077 acre tract of land described to Betty A. Phillips by deed recorded in Volume 88149, Page 3215, Deed Records of Dallas County, Texas (DRDCT), said 0.305 of an acre tract of land being more particularly described as follows: COMMENCING at the southeast corner of said Phillips tract of !and, same being on the westerly right-of- way line of Coppeli Road (a variable width right-of-way); THENCE North 88°51 '36" West along the southerly line of said Phillips tract of land, a distance of 8.01 feet to the POINT OF BEGINNING; THENCE North 88°51'36'' West, continuing along said southerly line of said Phillips tract of !and, a distance of 10.01 feet to a point for corner; THENCE North 03°20'34'' East, a distance of 149.93 feet to a point for corner on the northerly line of said Phillips tract of !and, same being on the southerly line of a called 130.710 acre tract of land described to William F. Callejo, Trustee, by deed recorded in Volume 80004, Page 1835, DRDCT; THENCE South 88°51'36" East, along the northerly line of said Phillips tract of land and the southerly line of said Ca!!ejo Iract of land, a distance of 10.01 feet to a point for corner; THENCE South 03020'34" West, a distance of 149.93 feet to the POINT OF BEGINNING; CONTAINING a computed area of 1,499 square feet or 0.0344 of an acre of land. Sheet 3 of 3