ST9302-ES 971014E.F. Hitchcock
500 E. Sandy Lake Road
Coppell, Texas 75019-3017
he City With A Beautiful Future
P.O. Box 478
Coppell, Texas 75019
214-462-0022
October 14, 1997
RE: Sandy Lake Road Project fiST 93-02 / Parcel 14
Dear Mr. Hitchcock:
This letter is written as a follow-up to my previous letter of July 30, 1997. After receipt of that letter, we had
a conversation concerning the price offered for the Temporary Slope Easement. As I explained in that
conversation, the Temporary Slope Easement is only an area that the City will utilized to do appropriate sloping
on your property to make sure that there is not a drastic change in grade from the roadway to your property.
Once the sloping has been completed the area will be seeded and returned to its "before construction" condition.
As stated, the Temporary Slope Easement, in essence, only allows the contractor permission to get on your
property to do the necessary grading. It is not dedication of land to theCity for permanent use. The Temporary
Slope Easement is not filed at the county, but is only held in City offices until the project is complete. After
the project is complete the temporary easement area becomes yours to utilized as you see fit. The Temporary
Slope Easement does not affect any setbacks on your property for future development and will not appear on
any platting that you may do of your property for future development. Again, it is only an area to be utilized
for the contractor to do necessary grading to make sure that there is not an abrupt change from your property
to the roadway when it is completed. I hope this has addressed any concerns you might have about the
Temporary Slope Easement. Because it is not permanent land being dedicated to the City, we in turn do not
offer a price for it equal to what we are offering for the permanent right-of-way to be acquired.
The following represents an offer from the City of Coppell for the acquisition of the necessary right-of-way.
1. Acquisition of permanent right-of-way at $3.00/sq. ft. x 13,489 sq. ft $40,467.00
2. Acquisition of temporary slope easement at $0.75/sq. ft. x 2,524 sq. ft 1,893.00
Total $42~.~ ,-~
if you have any additional questions ! will be happy to discuss them with you or meet you to go over this issue.
If this offer is acceptable to you please sign below and return to me. Once I have received the letter, I will start
the process for payment of the ~ When the check has been processed we can arrange a mutually
agreeable time to meet to notarize th[ document in exchange for the check.
If you shoUld have any questions please feel free to contact this office at (972)304-3679.
Sincerely, ~
Assistant City Manager/City
Engineer
In Agreement
The City With A Beautiful
E.F. Hitchcock
500 E. Sandy Lake Road
Coppell, Texas 75019-3017
Future
P.O. Box 478
Coppell, Texas 75019
214-462-0022
October 14, 1997
RE: Sandy Lake Road Project//ST 93-02 / Parcel 14
Dear Mr. Hitchcock:
This letter is written as a follow-up to my previ, ous letter of July 30, 1997. A~,er receipt of that letter, we had
a conversation concerning the price offered Ur the Temporary Slope Easement. As I explained in that
conversation, the Temporary Slope Easement is only an area that the City will utilized to do appropriate sloping
on your property to make sure that there is not a drastic change in grade from the roadway to your property.
Once the sloping has been completed the area will be seeded and returned to its "before construction" condition.
As stated, the Temporary Slope Easement, in essence, only allows the contractor permission to get on your
property to do the necessary grading. It is not dedication of land to the City for permanent use. The Temporary
Slope Easement is not filed at the county, but is only held in City offices until the project is complete. After
the project is complete the temporary easement area becomes yours to utilized as you see fit. The Temporary
Slope Easement does not affect any setbacks on your property for future development and will not appear on
any platting that you may do of your property for future development. Again, it is only an area to be utilized
for the contractor to do necessary grading to make sure that there is not an abrupt change from your property
to the roadway when it is completed. I hope this has addressed any concerns you might have about the
Temporary Slope Easement. Because it is not permanent land being dedicated to the City, we in turn do not
offer a price for it equal to what we are offering for the permanent right-of-way to be acquired.
The following represents an offer from the City of Coppell for the acquisition of the necessary right-of-way.
1. Acquisition of permanent right-of-way at $3.00/sq. ft. x 13,489 sq. ft
2. Acquisition of temporary slope easement at $0.75/sq. ft. x 2,524 sq. ft
$40,467.00
1,893.00
.Total $42,360.00
If you have any additional questions I will be happy to discuss them with you or meet you to go over this issue.
If this offer is acceptable to you please sign below and return to me. Once I have received the letter, I will start
the process for payment of the $42,360.00. 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 you should have any questions please feel free to contact this office at (972)304-3679.
Sincerely, , t9
Assistant City Manager/City
Engineer
In Agreement
E.F. Hitchcock
~The City With A Beautiful Future
P,O. Box 478
Coppell, Texas 75019
214-462-0022
July 30, 1997
E.F. Hitchcock
500 E. Sandy Lake Road
Coppell, Texas 75019-3017
RE: Sandy Lake Road Project//ST 93-02 / Parcel 14
Dear Mr. Hitchcock:
This letter is written as a follow-up to our meeting on July 28, 1997 concerning the acquisition of
right-of-way for the construction of Sandy Lake Road. I appreciate the time you spent with me
discussing your views on Sandy Lake Road and I also enjoyed the conversation and some insight into
some of Coppell's past. I have considered your counter proposal for the acquisition of right-of-way
and even though you made it very clear that you are opposed to the City widening Sandy Lake Road
the following does represent an offer from the City of Coppell for the acquisition of the necessary
right-of-way.
1. Acquisition of right-of-way at $3.00/sq. ft. x 13,489 sq. ft
2. Acquisition of temporary slope easement at $0.75/sq. ft. x 2,524 sq. ft
254.0,467.00
1,893.00
Total $42,360.00
During the course of our conversation, I stated several times that it is imperative that the City acquire
the necessary right-of-way for Sandy Lake Road as soon as possible because of time constraints to
begin construction on the lowering of the City of Dallas water line. It is anticipated that the lowering
of the water line will begin in late fall or early winter of 1997. To accomplish this the right-of-way
needs to be cleared as soon as possible so that relocation of the utilities can begin. It is very critical
that the right-of-way on the north side be cleared as soon as possible so that TU Electric can relocate
their distribution power lines and Lone Star Gas can relocate some existing gas mains.
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 of the $42,360.00. 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 you should have any questions please feel free to contact this office at (972)304-3679.
Sincerely,
Ken'th M. Griffin, P.E.
Assistant City Manager/City Engineer
In Agreement
E.F. Hitchcock
E.F. Hitchcock
500 E. Sandy Lake Road
Coppell, Texas 75019-3017
P.O. Box 478
Coppell, Texas 75019
972-462-0022
June 10, 1998
RE: Sandy Lake Road Project//ST 93-02 / Parcel 14
Dear Mr. Hitchcock:
This letter is written in response to our June 9, 1998 conversation concerning the City's role in the acquisition of
right-of-way from your property at 500 E. Sandy Lake Road for the construction of Sandy Lake Road. In
octo~r 1996, the City began the process of contacting pwperty owners adjacent to Sandy Lake Road concerning
the acquisition of right-of-way. The first contact by my office to yourself was on May 6, 1997 via letter which
outlined some of the issues associated with the project. The letter clearly stated that right-of-way would be
required from your property. Because you had not contacted me about my letter, I contacted you on July 24,
1997 to arrange a meeting to discuss the acquisition of right-of-way from your property.
We met on July 28, 1997 concerning the acquisition of the right-of-way. You were very clear in our initial
meeting that you were not interested in the City ever acquiring the right-of-way or constructing Sandy Lake
Road. I' Stated that the City was in the process of acquiring all necessary fight-of-way and that we would
definitely construct the roadway. Also, I discussed with you the process of eminent domain available to the City
if we were unable to negotiate the acquisition of right-of-way. Based on that meeting, a follow-up letter was sent
to you on July 30, 1997. There was no response to the follow-up letter so an additional letter was sent to you on
October 14, 1997. I followed up with that letter with a phone call on October 20, 1997 to schedule a meeting to
discuss the acquisition of right-of-way from your property. In our October 20, 1997 telephone call it was my
understanding that you were ready to sign the necessary documents. On october 23, 1997, we again met to
discuss the acquisition of the right-of-way. However, in our October 23, 1997 meeting you were again reluctant
to have the City acquire the necessary right-of-way. We negotiated further in that meeting and the City made
additional concessions concerning your fence, sign and some existing trees on your property. Based on those
concessions, you then agreed to allow the City to acquire right-of-way .from your property neces.~'y for the
construction of Sandy Lake Rd.
On November 7, 1997, we had our final meeting in which you signed the easement documents. At that time, the
City provided you with compensation for the acquisition of the right-of-way.
At no time during the course of our six month negotiation of the right-of-way acquisition did you willingly
contact the City of Coppell offering the fight-of-way or even initiate any conversations. Each and every time, the
phone calls and meetings concerning the acquisition of the right-of-way were initiated by myself.
If you should have any additional questions please feel free to contact me at your convenience.
Sincerely,
Kenneth M. qriffm, . .
Director of Engineering and Public Works
THE STATE OF TEXAS
COUNTY OF DALLAS
CITY OF COPPELL
PERMANENT RIGHT-OF-WAY 23~
01/~7/9~ ~3034~ $13. O0
Deed
KNOW ALL MEN BY THESE PRESENTS
THAT, E. F. HITCHCOCK, 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 permanent right-of-way 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 enter said premises, or
any part thereof, as is necessary to the proper use of 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.
STATE OF TEXAS
COUNTY OF DALLAS
BEFORE ME, the undersigned authority, in and for said County, on this
day personally appeared E. F. HITCHCOCK, known to me to be the person
whose name is subscribed to the foregoing instrument, and acknowledged to
me that he executed the same for the purposes and considerations therein
expressed, and in the capacity therein stated.
G UNDER MY HAND AND SEAL OF OFFICE, this the 7'" day of
PARCEL NO. 14
98017 01027
EXIITB~T A
LEGAL DESCRIPTION
PERMANENT RIGHT-OF-WAY
BEING 0.310 acres of land located in theALFRED LOGSDON SURVEY, Abstract
No. 783, Dallas County, Texas, and crossing the tract of land conveyed to
E.F. Hitchcock, by the deed recorded in Volume 215, Page 1101 of the Deed
Records of Dallas County, Texas. Said 0.310 acres being more particu-
larly described by. metes and bounds, as follows:
BEGINNING at a point at the intersection of the existing North right-of-
way line of Sandy Lake Road with the East boundary line of said
Hitchcock Tract;
THENCE S 88° 53' 03" W 529.37 feet along the existing North right-
of-way line of said Sandy Lake Road to a point at its intersection
with the East right-of-way line of Lodge Road;
THENCE N 01° 01' 23" E 48.96 feet along the East right-of-way line
of said Lodge Road to a 1/2" iron rod set in the proposed North
right-of-way line of Sandy Lake Road;
THENCE along the proposed North right-of-way line of said Sandy Lake
Road, as follows:
1. S 48° 32' 22" E 35.39 feet to a 1/2" iron rod set;
2. N 88° 54' 39" E 502.41 feet to a 1/2" iron rod set in the
East boundary line of said Hitchcock Tract;
THENCE S 01° 01' 23" W 24.77 feet along the East boundary line of
said Hitchcock Tract to THE PLACE OF BEGINNING, containing 0.310
acres (13,489 square feet) of land.
PARCEL NO. 14
980t 7 01028
N 01°01'23"E
4'8.96'
S 48'32'22"E ~ /
35.39' [ q/~' ,~s
LODGE ROAD
PERMANE~ RIGHT-OF-WAY
POINT OF BEGINNING
PERMANENT R.O.W.
S 01°01'23"W
24,77'
E.F. HITCHCOCK
voL. ,o.
D,R.D.C.T.
~ h°b
SURVEYED ON THE GROUND
APR IL 29, 1996
/JAMES L. BRITTAIN
"~ REGISTERED PROFESSIONAL
LAND SURVEYOR
STATE OF TEXAS No. 1674
SCALE 1"= 50'
PARCEL No. 14
PERMANENT RIGHT-OF-WAY
9801~7 01029
0g010
L1086
An provision herein which restricts the sale rental, or use of the
daYscribed real property beca.use of COlOr or I~ce Is invalid end
unenforceable under federal taw.
STATE OF TEXAS COUNTY OF DALLAS
I hereby certify this instrument was f ed on the date and time
stem ed hereon by me and wes duly recorded in the volume and
Paae~f the named records of Dallas County, Texas as stamped
hereon by me.
JAN 27 1996
COUNTY CLERK, Dallas CourC~y, Texas
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 respectively represents one or more than
one person.
THAT, E. F. HITCHC~CK, 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 use,
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 "A#
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 perfoa-~aed. 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.
E. F. HIT~H(~M~K
STATE OF TEXAS
COUNTY OF DALLAS
BEFORE ME, the undersigned authority, in and for said County, on this
day personally appeared E. F. HX~:HCO(~K, known to me to be the person
whose name is subscribed to the foregoing instrument, and acknowledged to
me that he 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/~ W day of
{l{*=."~j~.}*) MY COMMi~IOfl EXPIRES ~} The State .oft.T_%~_as Commission
PARCEL NO. 14T
EXHXBXT Jt
LEGAL DESCRIPTION
TEMPORARY SLOPE EASEMENT
BEING 0.058 acres of land located in the ALFRED LOGSDON SURVEY, Abstract
No. 783, Dallas County, Texas, and crossing the tract of land conveyed to
E.F. Hitchcock, by the deed recorded in Volume 915, Page 1101 of the Deed
Records of Dallas County, Texas. Said 0.058 acres being more particu-
larly described by metes and bounds, as follows:
BEGINNING at a 1/2" iron rod set in the East boundary line of said
Hitchcock Tract, located at a point lying N 01° 01' 23" E 24.77
feet from the existing North right-of-way line of Sandy Lake Road;
THENCE S 88° 54' 39" W 502.41 feet along the proposed North right-
of-way line of Sandy Lake Road to a 1/2" iron rod set;
THENCE N 48° 32' 22" W 7.39 feet to a point;
THENCE N 88° 54' 39" E 507.86 feet to a point in the East boundary
line of said Hitchcock Tract;
THENCE S 01° 05' 21" E 5.00 feet along the East boundary line of
said Hitchcock Tract to THE PLACE OF BEGINNING, containing 0.058
acres (2,524 square feet) of land.
PARCEL NO. 14
N 48°32'22"W
7.39'
LODGE ROAD
EXHIBIT "B"
TEMPORARY SLOPE EASEMENT
E.F. HITCHCOCK
VOL 215, 1:~3. 1101
D.R.D.C.T.
SURVEYED ON THE GROUND
APRIL 29, 1996
AMES L. BRITTAIN
EG I STERED PROFESS I ONAL
LAND SURVEYOR
STATE OF TEXAS No. 1674.
N 01~01'23"E,
24.77'
--~ ~OS 01005'21 "E
~ 5.00'
\ POINT OF
BEGINNING
SCALE 1" = 50'
II.~I
I ~ ~ Itl(I, IIQ. 8137, D.q.D.C~T.
PARCEL No. 14T
TEMPORARY SLOPE EASEMENT