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ST9302-ES 971113The City With A Beautiful Future Ms. Barbara Sue Austin 18675 Marina/Cedar Creek Country Club Kemp, Texas 75143-4434 P.O. Box 478 Coppell, Texas 75019 214-462-0022 RE: Sandy Lake Road (ST 93-02) Parcel #18/18T Dear Ms. Austin: This letter is written as a follow-up to our telephone conversation on October 13, 1997 concerning the acquisition of right-of-way associated with Sandy Lake Road. The following constitutes an offer from the City of Coppell for the acquisition of right-of-way associated with Parcel #18/18T. 1. Acquisition of 13,166 square feet of permanent right-of-way at $4.00/sq.ft. 2. Acquisition of 7,040 square feet of temporary slope easement at $.69/sq.fi. 3. Construction of an 8" water tap to the site at approximately the mid-point Of the property (Sta. 58 +00 on the Sandy Lk. Rd. Construction Plans). 4. No assessment for Sandy Lake Road improvements per the July 1, 1997 Council action. 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 Sandy Lake Road. However, when a plat is approved for the property, then fees will be required based on the City of Coppell's Roadway Impact Fee Ordinance. 5. Median opening and left turn lane to serve this property will be constructed near the east side of the property (approximate Sta. 60 + 15 on the construction plans). $52,664.00 4,857.60 Total $57,521.60 Because of the value associated with the acquisition of this easement, it will require Council approval. If the signed letter is provided back prior to November 26, 1997 then it can be acted on at the December 9, 1997 City Council meeting. When the check has been processed we can arrange a mutually agreeable time to meet to notarize the document in exchange for the check. If this is acceptable to you please sign below and return to me. Thank you for your consideration of this matter and if you should have any additional questions please feel free to contact this office. Sincerely, t'~. K~neth ~, P.E. Assistant City Manager/City Engineer In Agreement ~-~bara~tisti~  ~ The City With A Beautiful Future 214-462-0022 Dea~ ~s. Ausdm Octo~r30,1997 This letter is written as a follow-up to our telephone conversation on October 13, 1997 concerning the acquisition of right-of-way associated with Sandy Lake Road. The following constitutes an offer from the City of Coppell for the acquisition of right-of-way associated with Parcel #18/18T. 1. Acquisition of 13,166 square feet of permanent right-of-way at $4.00/sq.ft. $52,664.00 2. Acquisition of 7,040 square feet of temporary slope easement at $.69/sq.fi. 4,857.60 3. Construction of an 8" water tap to the site at approximately the mid-point of the property (Sta. 58+00 on the Sandy Lk. Rd. Construction Plans). No assessment for Sandy Lake Road improVements 'per the July 1, 1997 Council action. 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 Sandy Lake Road. However, when a plat is approved for the property, then fees will be required based on the City of Coppell's Roadway Impact Fee Ordinance. Total $57,521.60 Because of the value associated with the acquisition of this easement, it will require Council approval. If the signed letter is provided back prior to November 5, 1997 then it can be acted on at the November 11, 1997 City Council meeting. However, due to the holidays, if it is not received by November 5, 1997, then Council approval could not take place until December 9, 1997. When the check has been processed we can arrange a mutually agreeable time to meet to notarize the document in exchange for the check. If this is acceptable to you please sign below and return to me. Thank you for your consideration of this matter and if you should have any additional questions please feel free to contact this office. Sincerely, ~) . Assistant City Manager/City Engineer In Agreement Barbara Austin The City With A Beautiful Future P.O. Box 478 Coppell, Texas 75019 214-462-0022 Ms. Barbara Sue Austin 18675 Marina/Cedar Creek Country Club Kemp, Texas 75143-4434 14, 1997 RE: Sandy Lake Road (ST 93-02) Parcel #18/18T Dear Ms. Austin: This letter is written as a follow-up to our telephone conversation on October 13, 1997 concerning the acquisition of right-of-way associated with Sandy Lake Road. The following constitutes an offer from the City of Coppell for the acquisition of right-of-way associated with Parcel #18/18T. 2. 3. 4. Acquisition of 13,166 square feet of permanent right-of-way at $4.00/sq.ft. Acquisition of 7,040 square feet of temporary slope easement at $. 69/sq. ft. Construction of a water tap to the site. No assessment for Sandy Lake Road improvements per the July 1, 1997 Council action (redevelopment of the property will require adhering to the City of Coppell's Roadway Impact Fee Ordinance). $52,664.00 4,857.60 Total $57,521.60 Because of the value associated with the acquisition of this easement, it will require Council approval. Once I have received the signed letter, I will start the process for placement of this item on the October 28th City Council meeting. If approved at that meeting a check could be processed as early as October 31, 1997. When the check has been processed we can arrange a mutually agreeable time to meet to notarize the document in exchange for the check. If this is acceptable_lo you please sign below and return to me. Thank you for your consideration of this matter and if you should have any additional questions please feel free to contact this office. Sincerely, ~ Assistant City Manager/City Engineer In Agreement Barbara Austin The City With A Beautiful Future Ms. Barbara Sue Austin 18675 Marina/Cedar Creek Country Club Kemp, Texas 75143-4434 P.O. Box 478 Coppell, Texas 75019 214-462-0022 July 15, 1997 RE: Sandy Lake Road (ST 93-02) Parcel #i8/I8T Dear Ms. Austin: Thank you for your recent letter concerning the acquisition of right-of-way and a temporary construction easement from your property located at the northeast corner of Moore Road and Sandy Lake Road. Your reference to the $2.00/per square foot property previously purchased along east Sandy Lake was not property located in the floodplain. It is property out of the floodplain and is ready to be developed at this time. The purchase price that I have been able to negotiate with numerous property owners along this section of Sandy Lake is $2.75/per square foot for the right-of-way and $0.69/per square foot for the temporary construction easement. The temporary construction easement is only a document that will allow the contractor access to the property for any sloping purposes and will not be filed with the County. It is the City's intent to begin construction on this project in late fall or early winter on the initial phase of lowering the City of Dallas water line that supplies the Town of Flower Mound. That water line is generally located on the north side of the roadway so that it is imperative that the right-of-way be cleared along the north side so that TU Electric can begin relocating their distribution lines. The following represents an offer from the City of Coppell. If this is acceptable to you please sign below and return to me. Once I have received the letter, I will start the process for payment. When the check has been processed we can arrange a mutually agreeable time to meet to notarize the document in exchange for the check. 1. Acquisition of 13,166 square feet of right-of-way at $2.75/sq.ft. 2. Acquisition of 7,040 square feet of temporary slope easement $.69/sq.ft. Total $36,206.50 $ 4,857.60 $41,064.10 If this is not agreeable, then I will ask one of two things: 1) provide a counter offer to the City to see if there is some negotiated agreement that can be arrived at or; 2) let me know as soon as possible if we will be unable to negotiate the acquisition of the easement. If in fact that is the case, then because of the short timeline, the City will need to pursue other avenues to acquire the necessary right-of-way for the construction of Sandy Lake Road. Thank you for your consideration of this matter and if you should have any additional questions please feel free to contact this office. Sincerely, Kenneth M. Griffin, P.E. Assistant City Manager/City Engineer In Agreement Barbara Austin Barbara S. AusUn 18675 Marina Drive Kemp, Texas 75143 CITY OF COPPELL TEMPORARY SLOPE EASEMENT THE STATE OF TEXAS COUNTY OF DALLAS KNOW ALLMEN BY THESE PRESENTS THAT the term Grantor used herein shall be construed in the singular or plural number as such term respedtively represents one or more than one person. THAT, BARBAR~ SUE AUSTII, herein after referred to as GRANTOR, in consideration of the sum of ONE DOLLAR and other good and valuable consideration in hand paid by City of Coppell, Texas, receipt of which is hereby acknowledged, does hereby grant, bargain, sell and convey unto City of Coppell, Texas, ("GRANTEE"), the free and uninterrupted u~e, liberty and privilege of passage in, along, upon and across the following described property owned by Grantor for the purpose of a temporary 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 during construction, 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 grading, sloping, or filling along, upon and across said temporary slope easement. Said temporary slope easement is further described in Exhibits and "B" attached hereto and made a part hereof for all purposes. After construction has been completed, GRANTEE shall, except for removed obstructions, return the surface area of the temporary slope easement to its original condition as nearly as practical taking into consideration the nature of the work being performed. GRANTOR reserves the right to use and maintain the surface of the temporary slope easement strip for purposes which will not interfere with GRANTEES rights hereby granted and agree that, GRANTEE shall not be obligated for future maintenance and upkeep of the temporary slope easement. 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 BEFORE ME, the undersigned authority, in and for said County, on this day personally appeared BARBARA SUE AUSTII, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purposes and considerations therein expressed, and in the capacity therein stated. O XCE, ota y Public and for The State of Texas Commission ~l "~,~' PARCEL NO. 18T LEGAL DESCRIPTION TEMPORARY SLOPE EASEMENT BEING 0.162 acres of land located in the S.M. HIATT SURVEY, Abstract No. 638, Dallas County, Texas, and crossing the tract of land conveyed to Barbara Sue Austin, by the deed recorded in Volume 78069, Page 568 of the Deed Records of Dallas County, Texas. Said 0.162 acres being more particularly described by metes and bounds, as follows: BEGINNING at a point lying within said Austin Tract, located North 54.68 feet; THENCE S 46° 06' 51" E 20.46 feet from the Southwest corner of said Austin Tract; THENCE N 88° 54' 39" E 482.65 feet to a point in the East boundary line of said Austin Tract; THENCE S 00° 17' 15" E 15.00 feet along the East boundary line of said Austin Tract toa 1/2" iron rod set in the proposed new North right-of-way line of Sandy Lake Road; THENCE along the proposed new North right-of-way line of said Sandy Lake Road, Ms follows: 1. S 88° 54' 39" W 467.43 feet to a 1/2# iron rod set; N 46° 06' 51" W 21.22 feet to THE PLACE OF BEGINNING, con- taining 0.162 acres (7,040 square feet) of land. PARCEL NO. 18 EXHIBIT "B" TEMPORARY CONSTRUCTION EASEMENT 0 0 POINT OF BEGINNING SOUTHWEST CORNER AUSTIN mAtT · ,<,,~-0/ BARBARA SUE AUST'N VOL. 78069, PG. 568 _~.'~' D.R.D.C.T. / LOT 1, BLOCK A SANDY LAKE ADDmON VOL. 91054, PG. 1044 D.R,D.C.T. SANDY LAKE ROAD SCALE 1"-- 100' SURVEYED ON THE GROUND APR IL 29, 1996 ~//~AMES L. BRITTAIN REGISTERED PROFESSIONAL LAND SURVEYOR STATE OF TEXAS No, 1674 PARCEL No. 18T PERMANENT RIGHT-OF-WAY, ~ IMPOR'f, ~ MESSA,.~E FOR ' { . A.M. DATE . , Z, "/~ ~11 TIME ~Z~--P. M. ~ coo~ ~s~ ~S,ON O MOBIL~ AR~ ~DE N~B~ ~ME ~ CALL MF_~SAGE SIGNED MAJDE IN U,8..~ THE STATE OF TEXAS COUNTY OF DALLAS CITY OF COPPELL PERMANENT RIGHT-OF-WAY I ~5~:5;O~ 1 * 04/30/98 9688~3 %13.00 KNOW AL~e~EN BY THESE PRESENTS THAT, BArBArA SUE AUSTIN, of the County of Dallas, State of Texas, for and in consideration of ONE DOLLAR, and other good and valuable considerations paid by the City of Coppell, a municipal corporation of Dallas County, Texas, receipt of which is hereby acknowledged, does hereby grant, bargain and convey to said City, its successors and assigns, a~ez~m~ent r~ght-~£-wa~ 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 %n~%said premises, or any part thereof, as is necessary to the proper f any other right granted herein, and for the purpose of constructing, reconstructing and maintaining 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" and #B", attached hereto and made a part hereof. TO HAVE AND TO HOLD the same unto the City of Coppell, its successors and assigns. WITNESS MY HAND, this the STATE OF TEXAS COUNTY OF DALLAS BEFORE ME, the undersigned authority, in and for said County, on this day personally appeared ~ SUE AUSTIN, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she 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 the ~ 7 ~ day of , 199~ ~N.oCa_r~. Publi in'and for The State or'Texas Commission Expires: PARCEL NO. 18 9808Q 02959 EXH'rB~T A LEGAL DESCRIPTION PERMANENT RIGHT-OF-WAX BEING 0.302 acres of land located in the S.M. HIATT SURVEY, Abstract No. 638, Dallas County, Texas, and crossing the tract of land conveyed to Barbara Sue Austin, by the deed recorded in Volume 78069, Page 568 of the Deed Records of Dallas County, Texas. Said 0.302 acres being more particularly described by metes and bounds, as follows: BEGINNING at a point at the Southwest corner of said Austin Tract, lying at the intersection of the existing North right-of-way line of Sandy Lake Road with the East right-of-way line of Moore Road; THENCE NORTH 54.68 feet along the East boundary line of said Moore Road to a 1/2" iron rod set in the proposed new North right-of-way line of said Sandy Lake Road; THENCE along the proposed new North right-of-way line of said Sandy Lake Road, as follows: 1. S 46° 06' 51" E 41.68 feet to a 1/2" iron rod set; 2. N 88° 54' 39" E 467.43 feet to a 1/2" iron rod set in the East boundary line of said Austin Tract; THENCE S 00° 17' 15" E 25.60 feet along the East boundary line of said Austin Tract to a 1/2" iron rod found at the Southeast corner thereof, lying in the existing North right-of-way line of said Sandy Lake Road; THENCE S 88° 57' 21# W 497.60 feet along the existing North right- of-way line of said Sandy Lake Road to THE PLACE OF BEGINNING, con- taining 0.302 acres (13,166 square feet) of land. PARCEL NO. 18 98084 02960 'EXHIBIT "B" p. lOb Iai PERMANENT RIGHT-OF-WAY, .,~ 0 0 0 NORTH 54.68' POINT OF BEGINNING PERMANENT R.O.W. BARBARA SUE AUSTIN VOL. 78069, PG. 568 D.R.D.C.T. LOT 1, BLOCK A SANDY LAKE N)OmON VOL. 91054, PG. 1044 D.R.D.C.T. S 46°06'51 "E / 41.68'  L~____N 88.__~54'59"E 467.43' ms~,~..o.w.u'"~' S 88°57'21''w 497.60' 1 -- ~/2-i~s~'~-- -- S 00°17'15"E ¥2,, ~,r 25.60' PERI~ENT RIGHT-OF-WAY 0.302 ACRES / 13,166 SQ.FT. SANDY LAKE ROAD SURVEYED ON THE GROUND APRIL 29, 1996 //JAMES L. BRITTAIN v REGISTERED PROFESSIONAL LAND SURVEYOR STATE OF TEXAS No. 1674 SCALE 1"= 100' 9808LI, 02961 PARCEL No. 18 PERMANENT RIGHT-OF-WAY, Z96ZO h8086 98 ~PR 30 ~I~ i1:31 E'/~ F~t E, ULLOCK COU~-~i Y CLERK DALLAS COUHIY AGENDA REQUEST FORM January 13, 1998 CITY COUNCIL MEETING: ITEM CAPTION: Authorization to acquire right-of-way for Sandy Lake Road from Barbara Austin in the amount of $57,521.60. ITEM SUBMITTED BY: ~th M. Griffin,_P.~ TITLE: Director of E~lgi~lecring--& Public Works STAFF RECOMMENDS: Approval X STAFF COMMENTS: See attached memo. Denial BUDGET AMT.$ AMT. EST.$ FINANCIAL COMMENTS: Funds have been allocated in the Street CIP, purchases. DIR. INITIALS: ~[ Agen~ Requem Form - RevVed 6/96 FIN. REVIEW~ +/- BUD:$ 1995 GO Issue for right-of-way CITY MANAGER REVIEW: Document Name eng. 1 FROM THE DEPARTMENT OF ENGINEERING To~ From: Mayor and City Council Ken Griffin, P.E., Director of Engineering & Public Works Authorization to acquire right of way for Sandy Lake Road from Barbara Austin in the amount of $57,521.60. Date: January 13, 1998 For some time now I have been actively pursuing the acquisition of right-of-way associated with the construction of Sandy Lake from MacArthur to Denton Tap. The approach taken has been one to negotiate with property owners to try to reach an acquisition price that is agreeable to both parties without the involvement of appraisals and attorneys. If in fact an agreeable price cannot be arrived at, then a site specific appraisal will be required along with legal fees necessary to proceed with the process of eminent domain. Typically the price paid has been in the $2.50 to $3.00 per square foot of fight-of-way. In the acquisition of this fight-of-way, information has been provided from the property owner on prior sales of land zoned commercial in this general area. The initial offer from the City was $3.00 per square foot and the initial response from the property owner was $6.00 per square foot. The original offer from the City of Coppell was $41,064.10. The counter offer from Barbara Austin was $83,850.00. In order to continue to expedite the acquisition of right-of-way, staff recommends the approval of the acquisition of the right-of-way in the amount of $57,521.60. Staffwill be available to answer any questions. "CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN" _The City With A Beautiful Future Ms. Barbara Sue Austin 18675 Marina/Cedar Creek Country Club Kemp, Texas 75143-4434 P.O. Box 478 Coppell, Texas 75019 214-462-0022 RE: Sandy Lake Road (ST 93-02) Parcel #18/18T Dear Ms. Austin: This letter is written as a follow-up to our telephone conversation on October 13, 1997 concerning the acquisition of right-of-way associated with Sandy Lake Road. The following constitutes an offer from the City of Coppell for the acquisition of right-of-way associated with Parcel #18/18T. 1. Acquisition of 13,166 square feet of permanent right-of-way at $4.00/sq. ft. 2. Acquisition of 7,040 square feet of temporary slope easement at $.69/sq.ft. 3. Construction of an 8" water tap to the site at approximately the mid-point of the property (Sta. 58+00 on the Sandy Lk. Rd. Construction Plans). 4. No assessment for Sandy Lake Road improvements per the July 1, 1997 Council action. 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 Sandy Lake Road. However, when a plat is approved for the property, then fees will be required based on the City of Coppell's Roadway Impact Fee Ordinance. 5. Median opening and left turn lane to serve this property will be constructed near the east side of the property (approximate Sta. 60 + 15 on the construction plans). $52,664.00 4,857.60 Total $57,521.60 Because of the value associated with the acquisition of this easement, it will require Council approval. If the signed letter is provided back prior to November 26, 1997 then it can be acted on at the December 9, 1997 City Council meeting. When the check has been processed we can arrange a mutually agreeable time to meet to notarize the document in exchange for the check. If this is acceptable to you please sign below and return to me. Thank you for your consideration of this matter and if you should have any additional questions please feel free to contact this office. Assistant City Manager/City Engineer In Agreement ~~_ ~_~_~ Barbara~t~sti~ ..... __ ~ P.O. Box 478 Coppell, Texas 75019 The City With A Beautiful Future 214-462-0022 July 15, 1997 Ms. Barbara Sue Austin 18675 Marina/Cedar Creek Country Club Kemp, Texas 75143-4434 RE: Sandy Lake Road (ST 93-02) Parcel #18/18T Dear Ms. Austin: Thank you for your recent letter concerning the acquisition of right-of-way and a temporary construction easement from your property located at the northeast corner of Moore Road and Sandy Lake Road. Your reference to the $2.00/per square foot property previously purchased along east Sandy Lake was not property located in the floodplain. It is property out of the floodplain and is ready to be developed at this time. The purchase price that I have been able to negotiate with numerous property owners along this section of Sandy Lake is $2.75/per square foot for the right-of-way and $0.69/per square foot for the temporary construction easement. The temporary construction easement is only a document that will allow the contractor access to the property for any sloping purposes and will not be filed with the County. It is the City's intent to begin construction on this project in late fall or early winter on the initial phase of lowering the City of Dallas water line that supplies the Town of Flower Mound. That water line is generally located on the north side of the roadway so that it is imperative that the right-of-way be cleared along the north side so that TU Electric can begin relocating their distribution lines. The following represents an offer from the City of Coppell. If this is acceptable to you please sign below and return to me. Once I have received the letter. I will start the process for payment. When the check has been processed we can arrange a mutually agreeable time to meet to notarize the document in exchange for the check. 1. Acquisition of 13, I66 square feet of right-of-way at $2.75/sq.ft. $36,206.50 2. Acquisition of 7,040 square feet of temporary slope easement $.69/sq.ft. $ 4.857.60 Total $41,064.10 If this is not agreeable, then I will ask one of two things: 1) provide a counter offer to the City to see if there is some negotiated agreement that can be arrived at or; 2) let me know as soon as possible if we will be unable to negotiate the acquisition of the easement. If in fact that is the case. then because of the short timeline, the City will need to pursue other avenues to acquire the necessary right-of-way for the construction of Sandy Lake Road. Thank you for your consideration of this matter and if you should have any additional questions please feel free to contact this office. Sincerely. ~.~ In Agreement Kenneth M. Griffin. P.E. Assistant City Manager/City Engineer Barbara Austin Barbara S. Austin 18675 Marina Drive Kemp, Texas 75143