ST9604-AG031028>C /��e,�Fatrway fir.
* . C . I T y ' ' DEPT: Engineering
AGENDA REQUEST FORM COPPELL S T 9 b o 4
DATE: October 28, 2003
ITEM #: 9/1
ITEM CAPTION:
Consider approval of a Release of Agreement between the City of Coppell and RPG Estates, Ltd. relating to the
construction of Fairway Drive; and authorizing the City Manager to sign.
APPROVED BY
CITY COUNCIL
ON
H
GOAL(S):
EXECUTIVE SUMMARY:
ABOVE DATE
Motion to Approve
M - Faught
S - Suhy
Vote - 7 -0
�sm
The original development agreement between the City of Coppell and RPG Estates, Ltd., was associated with the
construction of Fairway Drive in 1998. Since Fairway Drive has been successfully constructed and the terms of
the original development agreement are no longer valid staff recommends approval of the Release of Agreement
between the City of Coppell and RPG Estates, Ltd.
Staff will be available to answer any questions at the Council meeting.
FINANCIAL COMMENTS:
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Agenda Request Forth - Revised 09/02
Document Name: #RPGAgmtRelease -IAR
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MEMORANDUM
FROM THE
DEPARTMENT OF ENGINEERING
To: Mayor and City Council
From: Kenneth M. Griffin, P.E., Director of Engineering/Public Works
Date: October 28, 2003
RE: Consider approval of a Release of Agreement between the City of Coppell and
RPG Estates, Ltd.; and authorizing the City Manager to sign.
On December 29, 1997 the City of Coppell entered into a developers agreement with RPG
Estates, Ltd., concerning the construction of Fairway Drive. The agreement detailed each party's
responsibility in bringing about the successful construction of Fairway Drive, including the
railroad crossing. The agreement was recorded in the Real Property Records of Dallas County.
In paragraph 4 of the agreement, it was noted that upon the successful completion of the
construction of Fairway Drive, the City would provide to RPG Estates, Ltd., a release of the
agreement that could also be filed in the Real Property Records of Dallas County.
The construction of Fairway Drive was completed in March of 1999, however, the City failed to
follow through to provide the release of the original agreement. This was brought to the City's
attention on August 18, 2003. Attached to this agreement is a document to release the original
agreement concerning the construction of Fairway Drive.
Because Fairway Drive has been successfully constructed and the terms of the original
development agreement are no longer valid, staff recommends the approval of the Release of
Agreement between the City of Coppell and RPG Estates, Ltd., and authorization for the City
Manager to sign.
Staff will be available to answer any questions at the Council meeting.
"CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN"
REPUBLIC TITLE
August 18, 2003
City of Coppell
City Manager
255 Parkway Blvd.
P.O. Box 478
Coppell, TX 75019
Re: Our File No. 03R11741
Developer's Agreement for Fairway Drive
Gentlemen:
1909 Woodall Rodgers Frwy.
Suite 400
Dallas, Texas 75201
(214) 754 -7000
Fax (214) 303 -0935
AUG 2 0 2003
On December 29, 1997, the City of Coppell, Texas entered into a Developer's
Agreement for the construction of Fairway Drive with RPG Estates, Ltd., a copy of which
is enclosed for reference. Fairway Drive was dedicated to the City of Coppell by plat
recorded in Volume 2000150, Page 39, Plat Records, Dallas County, Texas, and
accepted by the City Council on July 28, 2000.
Pursuant to the terms of the Agreement, the City agreed to furnish, in recordable form, a
release of this Agreement upon satisfactory completion of construction of the portion of
Fairway Drive described therein. Therefore, on behalf of owner, we hereby request a
release be prepared and forwarded to us for recording at your earliest convenience.
Should you have any questions regarding this request, please feel free to contact me at
the above phone number or Mr. Brian Selbo with Owner, at 214 - 292 -3410.
Sincerely yours,
Gwen G. Behrens
Sr. Vice President
Woodall Rodgers
ggb
enc.
cc: Mr. Brian Selbo, 214.292.3411
REPUBLIC TITLE OF TEXAS, INC M
A SUBSIDARV OF First American Title Insurance Company Ic
TITLE INSURANCE AGENT FOR: Chicago Title Insurance Company, Commonwealth Land Title Insurance Company, First American Title Insurance Company, Lawyers Title
Insurance Corporation, Old Republic National Title Insurance Company and Ticor Title Insurance Company
I
DEVELOPERS AGREEMENT FOR
FAIRWAY DRIVE
Deed 03/05/98 883763 M.00
This agreement is made this 2g 10 day of DlL.lw 6tl , 1997, by and between RPG
Estates, Ltd., hereinafter referred to as "OWNER', and the City of Coppell, Texas, hereinafter
referred to as "CITY".
WITNESSETH:
WHEREAS, OWNER is the owner of a tract of land situated in Dallas County, Texas, being
zoned for multifamily uses, hereinafter the "PROPERTY', more specifically described in Exhibit "A"
and
WHEREAS, there has been proposed a public roadway to be constructed adjoining the
PROPERTY, said roadway being named Fairway Drive, hereinafter the "ROADWAY'; and
WHEREAS, CITY owns the property upon which Fairway Drive is to be constructed, said
property being more particularly described in Exhibit "B " ; and
WHEREAS, OWNER and CITY desire to enter into an agreement concerning the
construction of Fairway Drive in the event the PROPERTY is developed with multifamily uses; and
NOW, THEREFORE, for and in consideration of the mutual covenants and benefits
contained herein, the sufficiency of which is hereby acknowledged by the execution below, OWNER
and CITY agree as follows:
1. CONDITION PRECEDENT This Agreement is specifically conditioned upon the CITY
obtaining an easement for the crossing of Fairway Drive over railroad tracks owned and/or
controlled by Dallas Area Rapid Transit. The CITY'S obligation to obtain this easement shall be a
condition precedent to the obligations contemplated by this Agreement. In the event that said
easement is not obtained by December 31, 1997, this Agreement shall be rendered null and void,
and no party shall maintain any obligation, right, or privilege pursuant to this Agreement.
2. OWNER'S OBLIGATIONS OWNER agrees to pay all costs associated with the design and
construction of the ROADWAY, except as otherwise provided in Paragraph 3 below, and must
construct, or cause to be constructed the ROADWAY in the location identified in Exhibit "B" at its
sole cost and expense, except as otherwise provided in Paragraph 3 below, as a standard four -lane
undivided (37 feet back of curb to back of curb) thoroughfare, per CITY standards, from Riverchase
Drive to that location where the ROADWAY abuts the northern boundary of the Dallas Area Rapid
Transit right -of -way. OWNER'S obligation to construct the ROADWAY, or cause the ROADWAY
to be constructed, will only be triggered in the event the OWNER constructs a multifamily
development on the PROPERTY. The ROADWAY must be constructed the later of the following:
(i) prior to the issuance of a certificate of occupancy for multifamily uses on the PROPERTY, or (ii)
ninety (90) days after the CITY provides written notice to OWNER that the CITY has secured the
easement required in Paragraph 1 above.
DEVELOPERS AGREEMENT FOR FAIRWAY DRIVE - Page 1
g80b4 05522
3. CITY'S OBLIGATIONS In addition to obtaining the easement as required in Paragraph 1
above, CITY agrees to provide to OWNER a credit against roadway impact fees in an amount equal
to 100% of the impact fees due by OWNER in the development of the PROPERTY and the adjacent
approximate 20 acre tract of land more fully described in Exhibit "C" which is attached hereto for all
purposes.
4. The provisions of this Agreement are hereby declared covenants running with the
PROPERTY and are fully binding on all successors, heirs and assigns of OWNER who acquire any
right, title or interest in or to the PROPERTY, or any part thereof. Any person who acquires any
right, title or interest in or to the PROPERTY, or any part thereof, thereby agrees and covenants to
abide by and fully perform the provisions of this Agreement. The Agreement will be recorded in the
Real Property Records of Dallas County, Texas, by CITY. The release of this Agreement will be
furnished, in recordable form, to OWNER by CITY upon its satisfactory completion of construction
of the portion of Fairway Drive, hereby described, and its acceptance by the CITY.
5. If any article, paragraph, section, sentence, clause or phrase of this Agreement shall be or
become illegal, null or void for any reason or shall be held by any Court of competent jurisdiction to
be illegal, null or void, the remaining articles, paragraphs, sections, sentences, clauses or phrases
shall continue in full force and effect and shall not be effected thereby. It is hereby declared that
said remaining articles, paragraphs, sections, sentences, clauses or phrases would have been and
are imposed irrespective of the fact that anyone or more of the same shall become or be illegal, null,
or void.
6. This Agreement and the rights of the parties herein shall be governed by laws of the State
of Texas. Venue for any action shall be in Dallas County, Texas,
7. This Agreement may be assigned by OWNER without prior written consent by CITY.
OWNER:
RPG ESTATES, LTD., a Texas limited partnership
By: RPG /Coppell, Inc., a Texas corporation
Its: Gener I Partner
By:
Prin ed I I me:
Title:
DEVELOPERS AGREEMENT FOR FAIRWAY DRIVE - Page 2
WM
98044 05523
THE STATE OF TEXAS §
COUNTY OF DALLAS §
US . gnatu � wa §_acknowledged before me b 7 1he
of RPG /Coppell, Inc., th Ge ral OWIner of R states, Ltd., a
Texas limited partnership, for and on behalf of said corpora ion.
nSUBSC1316ED AND SWORN TO BEFORE ME, this day of
On/�2 ifi�J , 1997 to certify which witness my hand and official seal.
�
i LCUSE 1 Note P
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DEVELOPERS AGREEMENT FOR FAIRWAY DRIVE - Page 3
98044 05524
7/
Approved by action of the City Council, City of Coppell, on January 27, 1998
CITY:
By:
Sia(i�t Ci ty Ma
Cit f Ce
255 rkvay Blvd.
P. Box 478
Coppell, TX 75019
Date: 1/27/98
g8ptF4 05525
I/
THE STATE OF TEXAS
COUNTY OF DALLAS
This signature was acknowledged before me by 7i tf , City
Manager for the City of Coppell, Texas, a home -ruled municipality, for and on behalf of the City of
Coppell, Texas.
S AND SWORN TO BEFORE ME, this c;;714 day of
!fin ua , Ito certify which witness my hand and official seal.
�EN 4 '•.,, Notary Public, State of Texas
,• ....... 9
P . Mt •' Y P ••. O '
[Stamped Ao aSea & : o
n s 2.
8 wsd/kjg _110
%,. .200
DEVELOPERS AGREEMENT FOR FAIRWAY DRIVE - Page 4
980 05526
Wu
EXHIBIT "A"
Property Description
Being a tract of land situated in the Singleton Thompson Survey, Abstract No. 1493 City of Coppell,
Dallas County, Texas, and being a part of that certain tract of land conveyed to Terra Corporate
Joint Venture according to deed recorded in Volume 85072, Page 4454, Deed Record of Dallas
County, Texas (DRDCT), and being more particularly described as follows:
COMMENCING at an "X" cut in brick paver found at the intersection of the South line of Riverchase
Drive (60 ft. right -of -way) and the East line of MacArthur Boulevard (110 ft. right -of -way);
THENCE, S 62° 52' 00" E, along said South line for a distance of 20.12 feet to a'' /:" iron rod found
for comer and for the beginning of a circular curve to the left;
THENCE, continuing along said South line with said circular curve to the left having a central angle
of 14 48'58", a radius of 2130.00 feet to a tangent length of 276.94 feet and a chord of S 70 16'
28" E, 549.26 feet for an arc length of 550.80 feet to the PLACE OF BEGINNING an %" iron road
found for corner;
THENCE, continuing along said south line with said circular curve to the left having a central angle
of 22° 13' 11 ', a radius of 2130.00 feet, with a chord bearing of S 88 48' 33" E, an arc distance of
826.03 feet to an iron rod found for corner;
THENCE, N 80 04'51" E, along said South line of Riverchase Drive, a distance of 780.26 feet to
a point for corner;
THENCE, S 03 38'42" W, leaving said South line of Riverchase Drive, a distance of 727.83 feet
to a point for corner on the North line of St. Louis & Southwestern Railroad (a 100' ROW);
THENCE, N 86 21' 12" W, along said North line of St. Louis & Southwestern Railroad a distance
of 1579.00 feet to a point for corner;
THENCE, N 03° 38' 42" E, leaving said North line of St. Louis & Southwestern Railroad a distance
of 509.25 feet to the PLACE OF BEGINNING and containing 892.980 square feet of 20.500 acres
of land.
98044 05527
EXHIBIT `B"
Fairway Drive
Fairway Drive dedicated to the City of Coppell by Plat.
Volume 88156, page 2071.
,
98044 05528
W
EXHIBIT "C"
Property Description
Tract A
BEING a tract of land situated in the Singleton Thompson Survey, Abstract No. 1493, and the
Weston Perry Survey, Abstract No. 1152, in the City of Coppeil, Dallas County, Texas, and being
a part of that certain tract conveyed to Terra Corporate Joint Venture as recorded in Volume 85072,
Page 4454, Deed Records, Dallas County, Texas, and being more particularly described as follows:
BEGINNING at a %z inch iron rod found at the intersection of the west line of Fairway Drive (a 60'
R.O.W) with the south line of Riverchase Drive (a 60' R.O.W.);
THENCE, S 57" 02' 28" E, departing said south line of Riverchase Drive and along said west line
of Fairway Drive a distance of 21.98 feet to '% inch iron rod found for corner,
THENCE, S 14" 09' 47" E, along said west line of Fairway Drive a distance of 339.14 feet to a 'h
inch iron rod found at the beginning of a tangent curve to the right having a central angle of 17 48'
30 ", a radius of 480 feet, a tangent of 75.20 feet, and a chord that bears S 05" 15' 33" W - 148.59
feet;
THENCE, along said curve to the right a district of 149.19 feet to a % inch iron rod found for comer;
THENCE, S 03" 38' 42" W, continuing along said Fairway Drive a distance of 337.38 feet to a
inch iron rod found for corner, said'/ inch iron rod being situated in the Dallas Area Rapid Transit
right -of -way (a 100' R.O.W.);
THENCE, N 86" 21' 18" W, departing said Fairway Drive and along said Dallas Area Rapid Transit
right -of -way a distance of 518.94 feet to a'' /z inch iron rod found for corner;
THENCE, N 03" 38'42" E, departing said Dallas Area Rapid Transit right -of -way a distance of
727.82 feet to a '/z inch iron rod found for comer, said '/x inch iron being situated in the
aforementioned south line of Riverchase Drive;
THENCE, N 80" 04'51* E, along said south line of Riverchase Drive a distance of 383.75 feet to
the POINT OF BEGINNING and containing 8.7434 Acres, (380,861 S.F.).
98044 05529
W
EXHIBIT "C"
Property Description
Tract B
BEING a tract of land situated in the Westoo,Perry S(MV4 Abstract No. 1152, and the Singleton
Thompson Survey, Abstract No. 1493, in the City ot'Cbifloall Dallas County Texas, and being a part
of that certain tract conveyed to Terra CorpdMWJ6in!lVd a as recorded in Volume 85072, Page
4454, Deed Records of Dallas County, Texas, and being more particularly described as follows:
BEGINNING at a'%" iron rod found at the intersection of the east line of Fairway Drive (60' right -of-
way) with the south line of Riverchase Drive (60' right -of -way), said % inch iron rod being the
beginning of a curve to the left with a central angle of 36 04'47", a radius of 540.00 feet, a tangent
of 175.57 feet and a chord that bears N 56" 12' 19" E - 334.45 feet;
THENCE, along said curve to the left a distance of 340.04 feet to a'Y2 inch iron rod found for comer,
THENCE, S 57" 37' 08" E, departing said south line of Riverchase Drive and along a west line of
said Goff Enterprises tract, for a distance of 318.38 feet to a Y2" iron rod found for corner;
THENCE S 01 ° 07' 08" E, continuing along said west line, for a distance of 895.00 feet to a'Y: iron
rod found for corner on the north line of the Dallas Area Rapid Transit right -of -way (100' right -of-
way);
THENCE N 86" 21' 18" W, along said north line, for a distance of 500.00 feet to a W iron rod found
for comer, said iron rod being the intersection of said north line with the east line of said Fairway
Drive;
THENCE N 03 38'42" E, along said east line, for a distance of 337.38 feet to a W iron rod found
for the beginning of a curve to the left having a central angle of 17° 47'30", a radius of 540.00 feet,
a tangent of 84.60 feet, and a chord that bears N 05 15' 33" E - 167.16 feet;
THENCE along said curve to the left a distance of 167.84 feet to a Y2 inch iron rod found for comer;
THENCE N 14 09'47" W, continuing along said east line, for a distance of 336.17 feet to a Y2" rod
found for corner,
THENCE N 30" 26' 17" E, continuing along said east line, for a distance of 21.36 feet to the POINT
OF BEGINNING and containing 10.9358 acres (476,365 square feet) of land, more or less.
PAREAL\2723\141EGAL. WPD
2 kjg 12/22/97
98044 05530
T H E - C 1 T V O F
COPPELL
October 30, 2003
Gwen G. Behrens
Sr. Vice President
Republic Title
1909 Woodall Rodgers Frwy., Suite 400
Dallas, TX 75201
RE: Release of Developer's Agreement for Fairway Drive
Dear Ms. Behrens:
As requested, enclosed are three originals of the Release of Agreement approved by City Council
on October 28, 2003 and signed by the City Manager. Please execute the documents and either
return two originals to me for recording at Dallas County; or, if you prefer you can record at Dallas
County and return an original filed document to me.
If you should have any questions or need any additional information please feel free to give me a
call.
Sincerely,
�, r t�
Kenneth M. Griffin, P.E.
Director of Engineering / Public Works
Office 972/304 -3686
Fax 972/304 -7041
255 PARKWAY * P,O. BOX 9478 * COPPELL TX 75019 * TEL 972/412 0022 * FAX 972/304 3673
REPUBLIC TITLE
Via Mail
November 17, 2003
The City of Coppell
255 Parkway
P.O. Box 9479
Coppell, Texas 75019
Attn: Kenneth M. Griffin
RE: Release of Developer's Agreement for Fairway Drive
Dear Mr. Griffin:
1909 Woodall Rodgers Frwy.
Suite 400
Dallas, Texas 75201
(214) 754 -7000
Fax (214) 303 -0935
Enclosed please find two originals of the Release of Agreement, we will forward
an original to the Denton County Clerk's Office for recording.
If we can be of further assistance do not hesitate to contact us.
Sin rely,
Rosemary da
Commercial Escrow Assistant to
Gwen Behrens, Sr. Vice President
REPUBLIC TITLE OF TEXAS, INC.
A SUBSIDARV OF Firs[ American Mile Insurance Company A
TITLE INSURANCE AGENT FOR: Chicago Title Insurance Company, Commonwealth land Title Insurance Company, First American Title Insurance Company, Lawyers Title
Insurance Corporation, Old Republic National Title Insurance Company and Ticor Title Insurance Company
STATE OF TEXAS §
§ RELEASE
COUNTY OF DALLAS §
This Release is made by the City of Coppell, Texas (the "City "), acting by and through its
authorized representative.
RECITALS:
WHEREAS, the City and RPG Estates, Ltd. ( "RPG ") previously entered into that certain
Development Agreement concerning the construction of Fairway Drive dated December 29,
1997 (the "Original Agreement ") pertaining to the property described in Exhibit "A" of the
Original Agreement attached hereto and incorporated herein for all purposes (the "Property ");
and
WHEREAS, the City hereby acknowledges that the RPG has fully satisfied the terms and
obligations of the Original Agreement;
NOW THEREFORE, for and in consideration of the sum of Ten Dollars ($10.00) and
other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the
City has this day released and by these presents does release, acquit, and forever discharge RPG
from the terms and obligations set forth in the Original Agreement.
EXECUTED in duplicate originals on this bL*fl of &, 2003.
CITY rCELL TEXAS
By
CITY MANAGER
City of Coppell
255 Parkway Boulevard
P. O. Box 9478
Coppell, Texas 75019
RELEASE - Page 1
58596
EXECUTED in duplicate originals on this day of 2003.
RPG ESTATES, LTD
a Texas Limited Partnership
By: RPG /Coppell, Inc.,
a Texas Corporation,
LO
RELEASE - Page 2 58596
CITY'S ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF DALLAS §
This instrument was acknowledged before me on the day of ✓fit
2003, by Jim Witt, City Manager of the City of Coppell, Texas, a Texas municipality, on behalf
of said municipality.
too, Notary Public State of Texas
Qxt?.v Pue • 1,
.j • li .?,.
My Commi Q e o ,�?
RPG'S ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF DALLAS
r tiv /
Thi r strum was acknowledged bef��e me on the I � day of 0('t (Y16t# ,
2003, by iLt� Z � /! � ,1 (,- }'ICsi c( L� of RPG / Coppell, Inc., its General
Partner for RPG Estates, Ltd., a Texas limited p nership on ehalf said partnership.
Notary Public, State of Texas
Co mmission Expires:
(''' - `4-Do th
RELEASE - Page 3
� + � '� ?'```' s CONNIE RENA SATTERWHITE
� � ,� Notary PuOfic, State of Texas
S ' ° ±; `y �1�= C,raymssionFxp 1L202003
N
58596
M
EXHIBIT "A"
Property Description
Being a tract of land situated in the Singleton Thompson Survey, Abstract No. 1493 City of Coppell,
Dallas County, Texas, and being a part of that certain tract of land conveyed to Terra Corporate
Joint Venture according to deed recorded in Volume 85072, Page 4454, Deed Record of Dallas
County, Texas (DRDCT), and being more particularly described as follows:
COMMENCING at an "X" cut in brick paver found at the intersection of the South line of Riverchase
Drive (60 ft. right -of -way) and the East line of MacArthur Boulevard (110 ft. right -of -way);
THENCE, S 62 52' 00" E, along said South line for a distance of 20.12 feet to a'h" iron rod found
for corner and for the beginning of a circular curve to the left;
THENCE, continuing along said South line with said circular curve to the left having a central angle
of 14° 48' 58 ", a radius of 2130.00 feet to a tangent length of 276.94 feet and a chord of S 70° 16'
28" E, 549.26 feet for an arc length of 550.80 feet to the PLACE OF BEGINNING an '/ " iron road
found for corner;
THENCE, continuing along said south line with said circular curve to the left having a central angle
of 22° 13' 11 ", a radius of 2130.00 feet, with a chord bearing of S 88° 48' 33" E, an arc distance of
826.03 feet to an iron rod found for corner;
THENCE, N 80 04' 51" E, along said South line of Riverchase Drive, a distance of 780.26 feet to
a point for corner;
THENCE, S 03 38'42" W, leaving said South line of Riverchase Drive, a distance of 727.83 feet
to a point for corner on the North line of St. Louis & Southwestern Railroad (a 100' ROW).
THENCE, N 86 21' 12" W, along said North line of St. Louis & Southwestern Railroad a distance
of 1579.00 feet to a point for corner;
THENCE, N 03 38'42" E, leaving said North line of St. Louis & Southwestern Railroad a distance
of 509 25 feet to the PLACE OF BEGINNING and containing 892.980 square feet of 20.500 acres
of land.
98044 05527