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SW0001-ES030220SIDEWALK EASEMENT STATE OF TEXAS § COUNTY OFDALLAS § "~"~ 060~8 3730087 $15.00 0ced 02/20/0;] KNOW ALL MEN BY THESE PRESENTS THAT the term Grantor used herein shall be construed in the singular or plural member as such term respectively represents one or more than one person. TItAT, Joseph and Shelley Malazzo, known herein as GRANTOR, in consideration of the sum of Two Thousand Five Hundred and no/100 Dollars ($2,500.00) and other good and valuable consideration in hand paid by City of Coppeil, Texas, receipt of which is hereby acknoweldgcd, does by these presents grant, bargain, sell and convey unto City of Coppell, Texas, ("GRANTEE"), the free and uninterrupted use, liberty and provilege of passage in, along, upon and across the following described property owned by GRANTOR (the "easment") for the purpose of constructing a public or pedestrian right-of-way sidewalk 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 (the "easement") for the purpose of making additions to, improvements on and repairs to said sidewalk or any part thereof. Said easement 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 remove from the easement, such fences, buildings and other obstructions as may be found upon said property, After construction of the sidewalk has been completed, GRANTEE shall, except for removed obstructions, return the surface area of the easement to its original condition as nearly as practical taking into consdieration the nature of the work being performed. GRANTORS reserve the right to use and maintain the surface of the easement for pusposes which will not interfere with GRANTEE'S rights hereby granted and agree that upon completion of the sidewalk improvements and restoration of the surthce, GRANTEE shall not be obligted for futm:e maintenance and upkeep of the surface area. 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 STATE OF TEXAS § COUNTY OF DALLAS § instrument ',,as acknowledged before me on the ~'6'~¢, day of My Commission Expires: 'il NOTARY I'~LIO? State of Tex~s) (',5 (Type / Prim~ame of Notary) STATE OF TEXAS § COUNTY OF DALLAS § This instrument was acknowledged before me on the ., 200 ~Q. by NO I'ARYIP~BLkI/C, State o?T~s My Commission Expires: MY CO~IMISSIO~ EXPIRES (Type / Phwt>Name of Notary) 03777 day of RIVER RIDGE ADDITION LOT 11, BLOCK B SIDEWALK EASEMENT David Meyers Survey, Abstract No. 886 City of Coppell, Dallas County, Texas; BEING a 0.003 acre tract of land situated in the David Meyers Survey, Dallas County, Texas; said tract being part of Lot 11, Block B of the River Ridge Addition as described by Plat recorded in Volume 97019, Page 2465 of the Deed Records of Dallas County, Texas; said 0.003 acre tract being more padicularly described as follows; COMMENCING, at a point; said point being the most southerly corner of Lot 3, Block A, St Joseph Village, a proposed addition to the City of Coppell, Texas; THENCE, North 71 degrees, 42 minutes, 53 seconds East, departing the nodheast line of said Lot 3 and across Lot 4 of said St Joseph Village, across D.P. & L. Right-Of-Way recorded in Volume 4594, Page 312 of the Deed Records of Dallas County, Texas, and across Landscape and Drainage Easement Common Area #4 dedicated in plat Volume 95031, Page 2123, a total distance of 567.12 feet to the POINT OF BEGihlHING; said point eeing the corner of the southeast line of said Landscape and Drainage Easement Area #4 and the northwest line of said Lot 11, Block B; THENCE, North 29 degrees, 13 minutes, 04 seconds East, along the said southeast line of Landscape and Drainage Easement Area #4 and northwest line of Lot 11, Block B, a distance of 26.32 feet to a point for corner; THENCE, South 69 degrees, 15 minutes, 45 seconds East, departing said southeast line of Landscape and Drainage Easement Area #4 and northwest line of Lot 11, Block B, a distance of 5.72 feet to a point for corner; THENCE, South 36 degrees, 54 minutes, 54 seconds East, departing said point for corner a distance of 6.06 feet to a point on a curve whose center bears South 20 degrees, 39 minutes, 17 seconds East, a distance of 50.00 feet from said point; THENCE, in a westerly direction, continuing along the said southeast line of Lot 11, Block B and along said Bradford Drive Right-Of-Way curve to the northwest, through a central angle of 31 degrees, 29 minutes, 27 seconds, an arc distance of 27.48 feet on a chord bearing and distance of South 53 degrees, 36 minutes, 00 seconds West, 27.14 feet to the POINT OF BEGINNING; CONTAINING; 123 square feet or 0.003 acres of land, more or less. 2230-19 03778 0 50 /00 200 Gr~APHIC SCALE IN LOT 2, BLOCK A ST JOSEPH V~LAGE SANDY/MAC PARTNERS LTD-~' /~/ VO~L._ g5071~ P? ~1_~1-'/ PROPOSED ~ ~'" / /~/ STARLEAF DRIVE ~' LOT 3, BLOCK 'A" ST. JOSEPH VILLAGE // 2632' =.O.B: // LOT 4, BLOCK A ST. J¢SEPH WLLAGE SANDY/MAC PARTNER~, LTD VOL 93071, PO 01~1 SIDLW EASEMENT AC, 125 SF) OF INNING // / COMMENCEMEN/ / 94C~ LBJ FREEWAY SLJI-E 380 DALLAS TFXAS 75243 9722353031 BJM JAK ]'=100' MAY 2002 2230-01 148 572' 606' R=50.O0 Ton=14 10 L-27 48 CH 553'36'00"W CD-27 14 A / k'OT 11, BLOCK B ,/RIVER RIDGE ADDITION VOL. 95051, PO 2125 SEE DETAIL A BRADFORD ,,,, DRIVE SIDEWALK EASEMENT LOCATED IN THE CiTY OF COPPELL, TEXAS AND BEING OUT OF THE DAVID MEYERS SURVEY, ABSTRACT NO 886 DALLAS COUNTY, TEXAS DWG FILE: 2230 01 !48C',/1 DW( STATE OF TEXAS; JOE & SHELLEY MALAZZO i282 Bradford Drive Coppell, Texas 7501o 972.393.2222 malazzo~b, yahoo.com June 6, 2002 Kenneth M. Griffin, P.E. Director of EngineerinffPublic Works City of Coppell 255 Parkway CoppeB, Texas 75019 Re: Riverchase Sidewalk Project #SW 0(t-01 Dear Mr. Griffin, would like to start by saying that my wife and I support the above referenced project. We feel that this will be a beneficial amenity for the children and parents of the Riverchase Addition. After review of the easement proposal, we do have some concerns. As a property owner, we are somewhat concerned about the added liability that this project will bring to us as well as the affect on our property value. In addressing these concerns, we have incurred some costs we believe we should be compensated for. Be[bre we would sign any legal documents, such as the Sidewalk Easement grant, we decided these needed to be reviewed by our legal consultant at a cost of two hundred and fifty dollars, lu addition, our insurance agent has advised that we be prudent and take out an additional liability coverage policy at a cost of two hundred and sixty-seven dollars per year. We will also need to ensure that we have no attractions that the children who utilize this bridge will be drawn to (swing set, pool, etc.). And finally, we will be releasing one hundred and twenty-three square feet of land that has a tax value of $800.00. In order to be fair and cover the expenses listed above, we feel that Two Thousand Five Hundred Dollars is the fair market value the City should compensate us for our land and liabilities. Therefore, we have revised the Sidewalk Easement and have signed and notarized same. Again, we do support this project and in no way want to delay or compromise its completion. We believe this to be fair to both us, as homeowners and taxpayers, and the City of Coppell. Please feel free to contact me at my home or at my office (214.915.7240) daring normal business hours. Sir~/~rely· ~ ,~e Malazzo May 2 I, 2002 COPPELL Joseph A. Malazzo 1282 Bradford Drive Coppell, TX 75019-3638 RE: Riverchase Sidewalk Project #SW 00-01 Dear Mr, Malazzo: 1 apologize for the delay in contacting you about the easement from your property for the construction of the elevated sidewalk. However, for over a year the City of Coppell has been in conversations with TXU concerning the alignment of the elevated sidewalk that will connect the Riverchase area to Riverchase Elementary School. The original proposal to TXU was a direct path from Bradford Drive northwesterly to a point that ~vould intersect the future extension of Starleaf Drive. TXU rejected that alignment. After numerous meetings and months of discussions, TXU has indicated that they will allow us to construct an elevated side~valk offof Bradford Drive that has two bends in it that take the sidewalk closer to the existing TXU towers. The guideline from TXU was that the crosswalk had to cross within 50 to 100 feet of the existing towers. This is a safety issue with the sag in the lines when they are hot. The enclosed schematic shows the locations of the existing towers plus the original alignment and two options. The option listed as Option 1 (in green) is the one that TXU supports. We are currently waiting on the official approval from TXU but expect that shortly. It is anticipated that this project will go out for bid sometime in early summer with construction starting by mid-summer. Unfortunately due to the delays caused in negotiations with TXU, the walkway will not be open by the start of school but hopefully will be open this fall. To continue to move this project forward an case~nent is needed from your property. Your assistance in expediting the signing of the sidewalk easement and returning it to the City will be greatly appreciated. This easement is located at the end of Bradford Drive adjacent to the TXU property. If you should need any additional information please feel free to contact this office. Thank you for your consideration of this request. Director of Engineering/Public Works Office 972/304°3686 FAX 972/304-7041 Enclosures .. . • • -- - .... ,.., RIVERCHASE SIDEWALK ROUTES Options 1 & 2 within 50 feet of towers, as requested by TXU . I ,. . 4 r r ' t ' 1/ '''' Optic : 4 „ , . .) . 4 - , 1080 feet ' sirt , ......--; .• ,,.. ,., . ..: - .,...,' l ' t • - . , ON ■ . Option 1 i .- .. 341.4 . . . ' t ..”- '.!..'' - ;'," ,- ,. n4...,,1*.i4T, : z. li, r t , . , 7...i ( ..-,- : ' ' ll, -; .,,, I''',„ ' 1.1 ik.....)%1 1670 f ,. , .. . ' : ' ' ' ' . - . 14-: iic-.....' 4,'..T.i.1,;; ':::',..i.5;' :&, 'i;: 44 ', i ', - '... —■./. d. . , ....:.* vl. .,.... . _ , ....„. . , / i l ''' \ .... I .... .7 . .i. , . . . 1 ! • .. .. ,.., • . , • , , . •'•• , .a.k,%;;•■ • ' 1 1 •At ' 4 % .: ••, ..• '''',''''...t.;;f?.?,,,4:::A.);;:)-;..! .. .': , ,,.'...r . .,.;,:i.., , ifi' '7: ' • ':;;;;',...'---. "7": . '','---..* - ,fi N 4 6....,r4f -. ' . ....‘I,d: . e. , ,; '',' ,, ', t,.,, -, . "...,','......° ,. .:;, . , ,i70 • , _. • , . .. ..„: . . - Ice:: ..44 4, , , .,..s.,,i- ,,, ...' ,.,,,, ' ..,.. .- : .,, 4... ,, :,,.........:.,•„:„.„-;,:, , 011 .5 .- - -. - --- i ; ! - ;-..- :' . ''' "'-t.:!,:lVi:: i.4.1,,,,,,fA, W E — 7, rk 1 i ; '' 'J '. ' -' : ! "" :'''. '''..'-' •,'''''-''' .:: ' ". > °; ., 3 id;''.': ' ...'. ' 44 . .';, , i *, ,.. 4. - .:. ;, ' . ' 1 .._'/:.:,',,., '., ""..,, ,,! S ._ „,,,,......,,..,,, , ,, ... ,..-.,,,,... ...4.,,,,, , . . .-- ,.:-,. "5,...-- .:.-..,, 41. , i-,.'..,' , 'Y'l?Z4',,,7'''■'''''. r - ..., .:'. , ; ' . ' '-' A.-1,:-' .., 4, . , ty .-. ' -1. - ..-. --..- 7 ' ' '‘. t " - 44"." , 'Ari'""' " '",` t'..*■'..', 0 . ,„. ,..4.7 ..i.i.,„ .„1: -..-:,,,,•;:-..,.--,. ,,,-...;:ek,-.,,,,,...i7-tr; 200 Feet ,- '74,0N6z,.;... - .,.. :,- ':,, 4 .'Iii.:,,;" • ''':';'':- '.- •• , i.0- , , • • 0i.- 4; ' .."-...,:, ....',...-., ..*,./,, . .,,,,, ..,.... 0 -:: -, 2: 1 , - ..e4,...,..: 1.1z,t. ... .,. , . .. .., RIVER RIDGE ADDITION LOT 11, BLOCK B SIDEWALK EASEMENT David Meyers Survey, Abstract No. 886 City of Coppell, Dallas County, Texas; BEING a 0.003 acre tract of land situated in the David Meyers Survey, Dallas County, Texas; said tract being part of Lot 11, Block B of the River Ridge Addition as described by Plat recorded in Volume 97019, Page 2465 of the Deed Records of Dallas County, Texas; said 0.003 acre tract being more particularly described as follows; COMMENCING, at a point; said point being the most southerly corner of Lot 3, Block A, St Joseph Village, a proposed addition to the City of Coppell, Texas; THENCE, North 71 degrees, 42 minutes, 53 seconds East, departing the northeast line of said Lot 3 and across Lot 4 of said St Joseph Village, across D.P. & L. Right-Of-Way recorded in Volume 4694, Page 312 of the Deed Records of Dallas County, Texas, and across Landscape and Drainage Easement Common Area #4 dedicated in plat Volume 95031, Page 2123, a total distance of 567.12 feet to the POINT OF BEGINNING; said point being the corner of the southeast line of said Landscape and Drainage Easement Area #4 and the northwest line of said Lot 11, Block B; THENCE, North 29 degrees, 13 minutes, 04 seconds East, along the said southeast line of Landscape and Drainage Easement Area #4 and northwest line of Lot 11, Block B, a distance of 26.32 feet to a point for corner; THENCE, South 69 degrees, 15 minutes, 45 seconds East, departing said southeast line of Landscape and Drainage Easement Area #4 and northwest line of Lot 11, Block B, a distance of 5.72 feet to a point for corner; THENCE, South 36 degrees, 64 minutes, 54 seconds East, departing said point for corner a distance of 6.06 feet to a point on a curve whose center bears South 20 degrees, 39 minutes, 17 seconds East, a distance of 50.00 feet from said point; THENCE, in a westerly direction, continuing along the said southeast line of Lot 11, Block B and along said Bradford Drive Right-Of-Way curve to the northwest, through a central angle of 31 degrees, 29 minutes, 27 seconds, an arc distance of 27.48 feet on a chord bearing and distance of South 53 degrees, 36 minutes, 00 seconds West, 27.14 feet to the POINT OF BEGINNING; CONTAINING; 123 square feet or 0.003 acres of land, more or less. 2230-19 0 50 ? O0 ~00 GRAPHIC SCALE IN ?EET LOT 2, BLOCK A ST. JOSEBH V~LAG£ SANDY/MAC PARTNERS, LTD~~ VOL. 9.3071, PG_~01$~ PROPOSED / ' STARLEAF DRIVE ~ / ( 97158. PG '*091) LOT 5, BLOCK "A" ST. JOSEPH VILLAGE 26.32' 5.72' 6.06' 6=51 '29'27" R=50.O0 Tan=14.10 L=27.48 CH-S55'56'OO"W CD 2714 // LOT 4, BLOCK A ST. J¢/SEPH VILLAGE // SANDY/MAC PARTNE~y~, LED. / VOL. 93071, PD 01~ DE EASEMENT AC, 125 SF) OF ,k~OT 11, BLOCK B ,'RIVER RIDGE ADDITION ' VOL. 95051, PO. 2125 SEE DETAIL A BRADFORD DRIVE DRIVE R O W. LANDSCAPE AND D~AINAGE EASEMENT 5' WiDE X 100' LONG Cl SAN SEWER ESM¥ I SIDEWALK EASEMENT 9~01 !BJ FREEWAY SUITE 300 DALLAS TEXAS 75243 9722353031 BJM JAK 1"=100' MAY 2002 LOCATED IN THE CITY OF COPPELL, TEXAS AND BEING OUT OF THE DAVID MEYERS SURVEY, ABSTRACT NO. 886 DALLAS COUNTY, TEXAS DWG FILE: 2250 01.148CVl.DWO