Creekview P2 L1R BA-CS021011CICT 1~~ ~G16=1~ 15::.6 Fr FJICHOL'=. Ji=+CI<5[_iP! I~ILLF+~ 965 ~J~ti~t ~~_~ '~r'~_+~~~;~~b~ r.~ic,~~_
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N1CEiOLS, JACI~SOAi, DTL,LARD, HAG)/R & SMITH, L.L.P.
P09Et4T 4 OILLAR9, JR. t19~ Y200%
Robert E. Hager Attorneys & Counselors at t,aw r LOUIS NICHOLS
E-mail: rhager~a njdhs.com 1800 Lincoln Plaza LAWRENCE W. JACKSON
500 North Akud o~couNaa
Dallas, iLxes 75201
(214)965-9900
Fax (214)965-0010
E-tuail MIDHS®NJDHS.com
October 11, 2002
VIA FACSIMILE 972-462-0465
and C].S. FIRST CLASS MAIL
Timothy Gerard Plena
150 Bethel Road
Coppell, Texas 75019
Dear Mr. Pletta:
Please be advised that we have reviewed the information that you have provided to us by
facsimile transmission dated October 7, 2002. Included in our review were your Original Petition
filed in the 193`d Judicial District Gourt of Dallas County, Texas and the exhibits attached thereto
which included: (1) a deed to you and your wife as Crrantee from Crrantor Mary M. Lochen; (Z) a
drawing of the subject property (origin unsealed drawing.}; (3) the Arthur Survey Co., Inc.'s
replat document tiled with Dallas County; (4) calculations concerning your ownership of
approximately 307 square feet of property located betw•zen Lot 1R and Block A and Lot 1, Block
A of the Creekview Phase II subdivision and excerpts from the City of Coppell subdivision
ordinance. We have also reviewed the replat and site plan file of the City of Coppell conceming
this subject property.
After reviewing all the facts and circumstances surrounding the City's approval of the
site plan and replat, it appears on the face of the documents filed with the City in the replat and
site plan approval, that the property descriptions were accurate consensus of the property sought
to be replaced. In this case, the replat, based on the certificate executed by the surveyor, it
appears the property description was facially accurate. Our reliance on those certifications are
within the ordinances and requirements of the City to approve the replat under the subdivision
regulations. Subdivision regulations require that all applications foz plat approval have the
signed and sealed signature of the preparing engineer and/or surveyor, In this case, those
certificates were provided to the City. Hence, the City has acted in good faith and such in
accordance with applicable law. Based on the information provided to us by you, you are
disputing whether the property description that was provided in the replat was accurate and that
Lhe replat contains property which yott have alleged an interest. That matter is obviously
between you and the adjacent property owner as to the proper ownership of the land in question.
The City has not asserted any ownership interest in the land in question save and accept for
public rights-of--ways or easements which burden on the property. Your deed of record indicates
that the proposed conveyance to you was subject to any tights-of--way, easements, prescriptive or
otherwise, that the City has on this property. Subject to those constraints, it is our determination
s Izss
r~rT' 15 cL~J~ 15:3? FR NIA=H~::~LS JHCK'=0P1 DILLH4 965 @@1~J TO 9~~:~@47@53 P.~i;~,~r.~
Timothy Gerard Pletta
October 15, 2002
Pale 2
that the disputed property matter is between you and the adjacent property owner as a private
boundary dispute. VVe obviously take the positioa that if you prevail in your assertions
canceming your ownership of the land in question a corrective plat would have to be filed to the
extent that your property is included in Lot 1R, flock A of the Creek View subdivision Phase II
and that your land in Lot 1, flock A does not include the disputed area, This issue would thus
require corrective action. We conclude that this is a private boundary dispute. Upon its
resolution, we will undertake the appropriate corrective action to amend any discrepancy in the
accurate description of property in any plat or replat.
We hope that you and the adjacent property owner may conclude this matter an amicable
fashion. In the rneantitne, we wil! review whether or not further development of providing
public access for Lot 1 R, Block A requires any further action to complete the development for
the curb cut is impacted by your dispute, As use view the Replat it appears to us that the fire lane
point of the ingress and egress onto $ethel Road does not overlap into the disputed property.
Please visit wrath me upon receipt of this letter so we may discuss any issues regarding the
location and/or construction of the point of egress on Bethel Road onto Lot 1R, Block A. Thank
you for your consideration in this matter. If you have any questions concerning this letter, please
call me at your earliest convenience-
Very truly yours,
NICHOLS. JACKSON, DILLARD,
I~
B v:
REI•I/si/ttI/cdb
cc: Jim Witt, City Manager
Gary Sieb, Director of Planning,
s~a~v
NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L.L.P.
** TOTAL PAGE.@3 **
/ '
~~
~r
~.
1 S6 0~~6
ATC 97-CP-451101-J
Deed 09/24/97 674905 113.00
2251
PRSPARSD BY THE STATS SAR OF TEXAS FOR LAWYERS US8 ONLY.
REVISED 10-85
WARRANTY DEED
f.
DATE: SEPTEMBE{17, 1997
GRANTOR: MARY M. LOCHEN
GRANTOR'S MAILING ADDRESS: 1315 Clough Pike
Batavia, Ohio 45103
GRANTEE: TIMOTHY G. PLETTA AND WIFE, ANN H. PLETTA
GRANTEE'S MAILING ADDRESSi 150 BETHEL ROAD
COPPELL, TEXAS 75019
CONSIDERATIONi
For and in consideration of the sum of Ten and No/100--------------($10.00)------
---and other valuable consideration to the undersigned paid by the grantee herein
named the receipt of which is hereby acknowledged.
PROPERTY (INCLUDING ANY IMPROVEMENTS):
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY:
Eaaementa, rights-of-way, and prescriptive rights, whether of record or not; all
presently recorded instruments, other than liens and conveyances, that affect the
property; any discrepancies, conflicts or shortages in area or boundary lines,
or any encroachments, or protrusions or any overlapping of improvements; zoning
ordinances; rights of parties in possession; rights of the public, the state of
Texas and the municipality in and to that portion of the property, if any, lying
within the boundaries of any roadway, public or private; taxes for 1997, the
payment of which Grantee assumes; and subsequent assessments for that and prior
years due to change in land usage, ownership, or both, the payment of which
Grantee assumes.
Grantor, for the consideration and subject to the reservations from and
exceptions to conveyance and warranty, grants, sells, and conveys to Grantee the
property, together with all and singular the rights and appurtenances thereto in
any wise belonging, to have and hold it to Grantee, Grantee's heirs, executors,
administrators, successors, or assigns forever. Grantor binds Grantor and
Grantor's heirs, executors, administrators, and successors, to warrant and
forever defend all and singular the property to Grantee and Grantee's heirs,
executors, administrators, successors, and assigns against every person
whomsoever lawfully claiming or to claim the same or any part thereof, except as
to the reservations from and exceptions to conveyance and warranty.
97186 00242
when the context requires, singular nouns and pronouns include the plural.
STATE of ~iM[S Q[7!V
COUNTY Of D~bId4D (i(~GN""'~
THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON THIS
SEPTEMBER, 1997 BY MARY M. LOCHEN.
~~
~A
lblr-r1Ai149~~~yO1rs
"AFTER RECORDING RETURN TOs
TIMOTHY G. PLETTA AND WIFE, ANN H. PLETTA
150 BETHEL ROAD
COPPELL, TEXAS 75019
DAY OF
97186 00243
Dated thio~ 17th day of September, 1997.
a'
a
EYEIBIT "e"
«.
Being a tract of land in the Edvazd A. Crow Survey abstzact #301 and the
?!ckinney b Willians Survey abstract 3 1054 also being a Remnant Tract
of CRLE!C VIE~7 ADDDITIOH an addition to city of Coppell, Dallas County,
Texas. rcccrdrd in Volu.•ne 89116, Page 3069, D.R.D.C.?. And being more
particularly described as follova.
Corrrr+enceinq at an 1/2" iron cod at the intersection of the East R.O.H.
line of Deton Tap Road and the North R.O.H. liar of Bethel Road. also
being the most northacnly northvest corner of said Czeek Viev-?,ddition
THENCE In a southeasterly direction along a curve to the right with
Che north line of Bethel Read a distance of 312.72 feet to the
PdI2~FT OF BEQIN21IN4.
TIiEIiCE N 22°16' 19" P a distance of 107.69 feet to point for a cornet.
THE2iCE ti 77'05' O1" E a distance of 207.39 feet to paint for a cornet.
THENCE S 11' 14' 07" E A distance of 60.29 feet to point for a corner
said pcint bcing the the most northernly northvest corner of Lot 1.
Bik A, of said Czeek Viev Addition.
TH~HCE Along the east line of :aid tract and Lhe vtat line of Lot 1.
Blk A, with the centerline of a creek the follevinq calls.
5 36'43' 09" K a distance of 14.51 feet.
5 52'31' 46" H a distance of 31.92 feet.
S 76"02' 28" ;i a distance of 23.39 feet.
S SB'40' 47" H a distance of 35.10 feet.
• S 53"17' S4" H a distance o: 60.03 feet.
S 62'06' 00" E a distance of 20.00 felt.
S <6'29' S1" E a distance of 27.02 feet.
S 46' 44' 32" St a distance of 40.54 feet.
THENCE S 13'Sb' 08" ~ a distance of 7.09 fett to a point fer a corn e:
acme corner being the most aouthernly southvest corner of Lot 1. 31k a.
of said platted addlticn.
THENCE IN a northveacerniy dircction along a curve to the left with a
radius of 860' feet vith the north lint of Bethel Bethel Road a distance
of 145.32 feet to the point of beginning. Containing 27349.45 SQ. FT. ~r
0.627 acres.
97.186 002~.~: f'(1!
s'~Z00 9etL6
~~asmhvain which restrkh the sek, nntal, or uae o1 tM
property because of color or nce if Invelld elit<
teMnforplabM inter fe0aal Taw.
STATE OF Ty7lAS COUNTY OF DALLAS
t Mnby certln, this instrument wes fiMe on the Oate end time
etempe0 herwn by me end wes Euh ncade0 In the volume arM
peke of (M romed records of Dalbs County, Taxas a ebmpW
tl eon Dy me.
~ SEP 24 1997
y~,.,. o
~'L~-...
~,, r ar - , ~ COUNTY CLERK, Dallas County, Texas
a,..~
FILED
97 SEP 23 PM 3T 34
E.r .. SUCK
COUi1 ((I.l_~RK
OALLAS COUNTY