ST9301-ES0107102145211738
~ENT BY: LAW O~F~E~ OF ROBERT--'NA PC ; 2t452tt7~8; JUL -0t tt:45AM; PA~E t
LAW OFFICES OF ROBERT E, LUNA, P.C.
4411 NORTH CENTRAL EXPRESSWAY
DALLAS, TEXAS 75205
(214) S21-S000
FACSIMILE (214) 521-1758
FACSIMILE TRANSMITTAL SI-IElgT
Kenneth (;riff'in Robert E, Ltma, Andrea Sheehan
City of Coppell July 10, 2001
(972) 304-3673 11
(972) 466-6104
Pro[~oscd Right of Way and Slope Easemem ir ) 'n Cat 'ollton-Fanner s Bra ich ISD to City of CoppcH
Please see attached.
IMPORTANT/CONFIDENTIAL: 'I'his mc~s;~gc t~ intended only for dxe use of the mdavidual or
entity ro which it is addressed This message contains reformation ~om thc Law O££ces of Rr}bcrt E.
Luna, P-C, which ma}' be privileged, confidential, and cxcmpt from disclosurc under: apphcable law, If
the reader of this message is not the intended recipient or the employee, or agent responsible for
del/vcring the message to the intended recipient, copying of thi,s ct~mmunication is strictly prohibited. If
you have received this communication in error, please noun' us anmedmtely at ottt tclcphonc number
(214) 521 8000. We will be happy to arrange fl~r the rcmrn of this message re, us, via die Umted States
Postal Service, at no cost to you
21452117~8
SENT BY: LAW OFFICE5 OF ROBERT 'NA PC ; 2145211738; JUL -Ol II:46AM; PAGE
ROBERT E LIJNA
RANIDEL B GIBBS
LAW OFFICES OF ROBERT E. LUNA, P.C.
ATTORNEYS ANJ) COUNSELORS AT LAW
DALLAS, TEXAS 75205
Juls, 10, 2001
VIA FACSIMll ,E (972) 304-3673
Mr. Kenneth M. Oriffin, P.E.
Director of Engineering/Public Works
Cit3.' of Coppell
255 Parkway.
P.O. Box 478
Coppell, TX 75019
Re:
Sandy Lake road Project #ST 93-01;
Proposed Right of Way and Slope
Easemenl from Carrollton-Farmer's
Branch 1.S.D.
Dear Mr. Griffin:
Our officc rcprcscnts thc Carrollton-Farmcr's Branch Indcpcndcnt School District.
Wc have reviewed the proposed right-of way and slope casement sought by the City of
Coppell for the Sandy Lake Road Project forwarded to Carrollton-Farmer's Branch I.S.D.
on June 1, 2001.
Enclosed please find a modified right-of way and slope easement for the City's
consideration. Among the changes is a restrictive covenant which has been added, as this
additional language is required to be in all instruments conveying any school district
interest in real property. Furthermore, the $10 consideration has been deleted, and is
currently blank because, pursuant to Section 272.001 of the Texas Local Government
Code, the District cannot transfer the requested property interests to the City for less than
the fair market value of ihe inlerests lo be conveyed. ,.gee, TEX. LOC. GOVT. CODE
§272.001(b). The fair market value must be determined by an appraisal. Icl Therefore,
the District will need an appraisal from thc City, or obtain its own appraisal, before it can
proceed with a conveyance. Please forward any appraisals or statements of thir market
21~52117~8
~ENT BY: LAW OffF~'CE~ OF RO~ER~--'~NA P~ ; 2i45~ii738; JU'- ~-0~ it:46AM; PA~E ~
value that the City has regarding the easement strips to the District and to our office at
your earliest convenience.
Please contact Johm~y Hibbs. Carrollton-Farmer's Branch I.S.D.'s Director of
Facility Services and Transportation, at (972) 323-6402 as soon as possible to complete
thcs¢ remaining details, as, while the school district must comply with its legal obligations,
thc school is anxious to assist the City in m~y way possible.
ry truly~ .r,
Cc:
Via Facsimile (972) 323-5876
Mr. Johnny ltibbs
Director of Facility Services & Transportation
Carrollton-Fanner's Branch Independent School District
1505 Rzmdolph St.
Carrollton, TX 75006
~1452117~8
SENT BY: LAW OFFICES OF ROBER'--'JNA PC ; ~1452tt738; JU J Ol ~t:4~AM; PAGE 4
CITY OF COPPELL
PERMANENT RIGHT OF WAY
STATE OF TEXAS
COUNTY OF DALLAS
KNOW ALL MEN BY THESE PRESENTS
THAT, Carrollton-Farmer'.~ Branch Independent School District, known
herein as GRANTOR, in consideration of the sum of :t:e~¥;. and no/100 Dollars
($I-0.O0 .) and other good and valuable consideration paid by the City of Coppell,
Texas, a municipal corporation of Dallas County, Texas, receipt of which is hereby
acknowledged, does hereby grant, bargain, and convey to said City (GRANTEE), its
successors and assigns, a permanent right-of-way and the tYee and uninterrupted use,
liberty and privilege of passage in, along, upon and across thc following described
property owned by Grantor (thc "easemenl strip") for the purpose of right of way 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 (thc "easement strip") for the purpose of making
additions to, improvcmcnts on and rcpairs to any part thereof.
Said easement strip being described in Exhibits "A' and "B" and attached hereto
and nmdc a part hereo£ for all purposes.
That in consideration of thc bcnclits above set out, Grantee will remove from thc
easement strip, such fences, buildings and other obstructions as may be Ibund upon said
property. After construction has been completed or after any entry for repairs or
maintenance, GRANTEE shall, except for removed obstructions, return the surface area
of the easement strip to its original condition as nearly as practical taking inlo
consideration the nature of the work being performed. GRANTOR reserves the right to
use and maintain the surface of thc easement strip ibr purposes which will not interfere
with GRANTEE'S rights hereby granted_, amt. aoree-lha~--GRANTEE shall net be
cb!igU:c'J-r_e_s_p_p_u.~ib!~ for ~!!..fl~turc maintenance and upkeep of the surface area.
GRANTOI~. shall indcmnilk and hold harmless (iRANTI.;I£, iks_.a~enls and employees
and against claims, damages, losses and expenses, includin~ ~k[!_.0ot limited to
.¢tt()Kney s t:bcs, arising gt~! Q! or r~s~l[l~g lrom the casemcnl strip.
!'!l~.(t[[tljer covenant, consideration and condition is that thc follow, ing re.s. Lr}.~!i_~,~D~
shall i~..,.a_l_l. ~i.0~'~. be obscrvcd~ fbllowcd a,d complied with:
~t) Thc abpyc c[_c~5.9_rjb_c~, rqg!Lv..~ .0r any part thcrcot~_.51_lgJ.[._n.0~ 1~ t!sed iii
!!!e.:. 9Deration of'. or a~)v part__[~l.qr~.o.l.]' shall not he used in the .9peralion o1: or in
9~o_nj3mction with. any school or uther inslituthm of lcarrtiUg,~¢tudY or instruction
2145211738
~ENT BY: LAW OF~E~ OF ~OBE~ UNA P~ ; 2t452tt7~8; JL' '~ 0t 1t:48AM; PA~ ~
which discriminates_._ag_ainst any pc_r~0p,.becaus~c 9_f Jejs_.race, cok)r or nation origin,
r~gardlcss of whether such discri~ninalion be el~l~.~d by design o[pthc~isc.
(h) .... ~l~._above descr[b~:d..r~ltv, or ~.~X_p~ thereq~, shall not be used in
tj~.0peration off or in c~,tiunctjg~D._~j[h: any school or other institution of learni~g~
study or instnmtion which creatcs,.t1!¢~ntains, r92!!fqrqe.~, renews_ or encourages: or
which tends to crcatc~_D)3~intain reinforce, renew or encourage, a dual schokq
lThesg, rcstriclions m~d conditions set out J$! (a] and (b) ah~29.~hall be bi!~d~ng ~q~
('1 , ' ....
~ {ANTEE, City of CoDDellt 1 exes, ils heirs, persomd reprc~cnlativcs trod assigns, tbr a
period of' fifly.~Q)o, ears from thc date h~fg~t3nd i~0s~.([('a yj3)lation~.l}~..tb.qr3*r both
9ff..[h~. a~ovc restrictions thc estate herein grant~._.sL[~l, ~13out .~2~ .PL suit,
immedj~tg, ly ??crt to__gi2~[..~'g~l.in. !ge GRAN.'J}'QgS herein and...i!~ N!ccessors. this
instrument shall bc null and void. and GRANI'OI{S and its successors shall be entitled to
immcdiate..possession of' such premises and the impr()y~:B!~1!!! lhcreon; and
S}[B~ssion upon the p~t of OI~NTORS herein ~d its successors shall be a waiyqr
0pcration or ¢nIbrccmcnt of such coodition.
............ TI)9 restrict o[k.~9.[.~[ L~n_~a) above shall bc conslrued to be fi~r thc bcnetit
[qZ~.~[ ,prejudiced by. its YJ~!atJ93:,,, The restr cL~_Ap~.~ed in (b) abov~__~ha~.[...~_¢
co~[r~9~ to be [~r thc_~ze~i~ ~.~7.public school district or a~y~pgr~on prejudiced
ils
TO HAVE AND TO HOLD unto thc City of Coppell, Texas, its successors or
assigns for the purposes aforesaid, the premises above described.
EXECUTED this ..... day of
2001.
Carrollton-Farmcr's Branch Independent
.School Dis~ict, GRANTOR
2145211758 .-
~ENT BY: LAW OFF'r~E~ OF ROBEP 'JNA PC ; 2145211738; JL ~-0t tt:47AM; PA~E 8/tt
EXHIBIT "A"
County: Dallas Page 1 of 2
Account No.: December 1, 1999
CSJ:
Highway No_:
Parcel:
Grantor: .Carrolton - F~Armers Branch 1i3~epen(;ler~t School Disrict
Legal Land Description for Parcel 28
BEING a tract of land situated in the Weston Perry Survey, Abstract No. 1152 in the City of
Coppell, Dallas County, Texas, said tract being part of a called 41.9710 acre tract of land
described In a deed to Carrollton-Fanmers Branch Independent School District being executed on
November 10, 1980 as recorded in Volume 80230, Page 0510 of the Deed Records of Dallas
County, Texas, and being more particularly described by metes and bounds as follows:
Commencing at the northwest comer of said lSD tract;
Thence, South 00 degrees 3g minutes 13 seconds East, along the west line of said lSD tract, a
distance of 1104.91 feet to a one-half inch Iron red found in the existing north dght of way line of
Sandy Lake Road, for the POINT OF i~EGINNING, said iron rod also being the southeast comer
of a called 18.8587 acre tract of land described in a deed to Peter Park as recorded in Volume
93037, Page 0373 of said Deed Records, said point being located at a distance of 30.00 feet Left
from centerline station 65+13.12 as shown on Dallas County's 1991 Bond Program Right of Way
plans on file at the Dallas County Public Works Department;
THENCE, North 00 degrees 3g minutes 13 seconds West, along the common line ol' said lSD
tract and said Park tract, a distance of 25.00 feet to a one-half inch steel rebar with yellow
plastic cap marked AB&A, set on the proposed noah right of way line of Sandy Lake Road;
THENCE, East, along the proposed noah right of way line of Sandy Lake Road, a distance of
54.99 feet to the beginning of a curve to the left, a one-half steel rebar with yellow plastic cap
marked AB&A, set for comer;
THENCE, Northeast, continuing along the proposed north right of way line of Sandy Lake
Road and.along.the euwe-.to the left which has a chord-that hears NoAh 88 degrees 55
minutes 45 seconds East for a distance of 90.13 feet, a central angle of 02 degrees 06
minutes 44 seconds and a radius of 2445.00 feet, for an arc distance of 90.13 feet to the point
of tangency of said curve, a one-half inch steel rebar with yellow plastic cap marked AB&A,
set for comer;
THENCE, Northeast, continuing along the proposed north right of way line of Sandy Lake
Road and along the curve to the left which has a chord that bears NoAh 85 degrees 29
minutes 22 seconds East for a d~stance of 202.64 feet a central angle of 04 degrees 45
minutes 00 seconds and a radius of 2,445.00 feet, for a distance of 202.69 feet to the end of
said curve, a one-half Inch steel rebar with yellow plastic cap marked AB&A, set for comer,
2145211738
~ENT BY: LAW OFF[~E~ OF ROBEF-'UNA PC ; 21452117~; J 00l tt:47AM;
PAGE 7/tl
EXHIBI~"A"
County: Dallas
Account No.: -- Page 2 of 2
CSJ: December 1, 1999
Highway No.: ~
Parcel: 28
Grantor: .Ca, rrolton - Farrn~rs Branch Indeoender~l School Disrict
5. THENCE, North 84 degrees 14 minutes 16 seconds East, continuing along the proposed
north right of way line of Sandy Lake Road, a distance of 49.44 feet to a one-half Inch steel
rebar with yellow plastic cap marked AB&A, set on the common line of said lSD tract and a
called 11.6200 acre tract of land described in a deed to the City of Dallas as recorded In
Volume 540, Page 21 of said Deed Records;
6, 'l-HENCE, South 00 degrees 03 minutes 06 seconds East, along the common line of said lSD
tract and said City tract, a distance of 42.00 feet to a point in the existing north dght of way
line of Sandy Lake Road for the southeast comer of said lSD tract;
7. THENCE, South 81 degrees 18 mlnutes 44 seconds West, along the existing north right of
way line of Sandy Lake Road and the south line of said lSD tract, a distance of 38.50 feet to a
point for comer;
THENCE, North 89 degrees 27 minutes 07 seconds West, continuing along the existing north
right of way line of Sandy Lake Road and the south line of said lSD tract, a distance of 26.45
feet to a point for comer;
THENCE, South 89 degrees 5g minutes 46 seconds West, continuing along the existing north
dght of way line of Sandy Lake Road and the south line of said lSD tract, a distance of 331.54
feet to the POINT OF BEGINNING and containing 12,508 square feet er 0,287'1 acre of land,
more or less.
A plat o! even survey date herewith accompanies this legal description.
All bearings are on the NAD 83 Texas State Plane Coordinate System, North Central Zone.
Arredondo, Brunz & Associat.e.s _lDc.
Registered Professional Land Surveyor
Texas No. 2011
21,45211738
~ENT BY: LAW O~"~lOE8 0~' ROBE;"- UNA PO ; 21452117:28~ Jt 0-0t t~:4?AM; PAOE 8/tt
SLOPE EASEMENT
STATE OF TEXAS §
COUNTY OF DALLAS §
KNOW ALL MEN BY THESE PRESENTS
THAT, Carrollton=Farmer's Branch Independent School District, herein after
referred to as GRANTOR, in consideration of the sum of Ten a~d r:~:/!00..
Dollars and other good and valuable consideration in hand paid by City of Coppell~
Texas, receipt of which is hereby acknowledged, does by these presents grant, bargain,
sell and convey unto City of Coppell, Texas, ("GRANTEE"), thc free and uninterrupted
use, liberty and privilege of passage in, along, upon and across the following described
property owned by Grantor for thc purpose of' a slope easement for grading, sloping or
filling along, upon, and across said property to providc a more subtle grade change
transition, across Grantor's main tract with the right and privilege at all times, of the
GRANTEE herein, ils agents, employees, workmen and representatives having ingress,
egress, and regress in, along, upon, and across said premises for thc purpose of
maintaining, making additions to. improvements on and repairs 1o the said slope
easement or any part thereof.
Said slope easement strip being described in Exhibits "A" and "B' attached hereto
and made a part hereof for all purposes.
Alter construction has been completed or alter any entry for repairs or
maintenance, GRANIEE shall, except for removed obstructions, return thc surface area
of the easement strips to its original condition as nearly as practical taking into
consideration the nature of the work being performed. GIL&NTE}~ shall not._by virtue its
ustc. 0f the S[ppe cascnlent,, increase t'rom its current amotmt thc natural flow of x~atcr on
(_)I~,ANTOR's prppertv, and GRAN FEI-: shall bc liable Io (iIL&NTOR for an3.~.d_.~31J
damage ..caused by ~.n .i!~gT~b~ in thc_Jl~)sv._~_( ~ater GRAN'I'Q[~? propc~'.
G~NTORS rese~e the rift to use and maintain thc surface of ~e slope easement s~ip
pu~oses which will not interfere with G~NIEE'S rights hereby grated:
G~N~E shall n**t-be
...... ol,h~ ...... responsible fbr ~ture maintenance and upkeep of
slope easement strip.39. ~g_.extent required to maintain the curt'Chi uatural flow of
xyatcr on GRANfO!~;3 property.
.... GRANI'~()..I~. .s.'_13_a_[[__.indcmnifx' a~tM l'[[~]_c_t, harml_c55 _(i[?XN_-[I'!~E. t~.a_gq.~)_t.,5_._.a, gd_
emplovccs tix~m_..t~p_d against..9.l~.in~.~,__d_a_n_mgcs, los~..31a_d cxpcnscs, inclmling but not
[imite~d. _t_o_a. Fgpr~n.e¥'s fecs_~ .~_r.i_&(ng .2ut (~t' or resulting fi:om the slope fa~!.n..9.nt strip.
The further .g.ovenanl, c~m.~.ider, o~tjon and condit~ip!!..~i~_ that thc foll~;~!!g.restrictions shall
in all things I~ obscrvct~, Ib[lox~ed and complic~.d.w.i~_l~
2145211738
BENT BY: LAW OFFIOE8 OF ROBE UNA PO ; 2t4B~tt73B; J I0-01 t~:4~AM; PAOE g/ii
G~) .... Thc above described realty, or ~).y part -" ' '
.......... t ~cm~.l, ~hal] not he used in
Lhc op~Tgtion o[~ ~[_~t~.pan thergp~; shall not b~..~lscd in th~..9~crat
9.gjl[unctio~ ~ith, any school or other institution of lcarning,.st_gdy or
which discriminates agai~o!LiLl~ ¢crson because of his race, coloLgr nation
regardless of whether such discrimination be cf'leered by desigq or off'intwist.
[~) The above described realW, o[.~!y part thcrcol~ shall not be used in
t!~c operation of. or il!.g:Oai~nction will[, a~y schpoJ, pr other .[~)stitution of' lcm'ning,
study ()ci0siructicm w!~icb crcatc~, nmi lla ~s reig_(~)rccs, reB. g-x~5: or enc(lur~acs, or
which! [9D.0s to c~'~¢[c. tnainlilin:' [(ij31~x9c [~Oc~_~; enco_~rage, $..!_ua schopl
'l'h~sc rcs~ficlions and ~o~dJlions sct out in (al3_z~.b) aho~x ~aH bc
(~I~AN'I'I~I~iI~ of ~l~ll, Tex_~ its heirs, personal reprcscntativcs and a~signs, Ibr a
period 0f f}lI? (50~ 5giars t?om_j!}v dale hereof .ant n c~x:qq ol} ~ violal~qn of either 9~'
of thc above restricliot~s~, the cstatc herein gr~lcd sh~[[, withoul entry or suit,
imm~di{[lF1y rcvcrt lo and vest ill tl~c GI(ANTORS herein and its successors.
instrument shall be null and void. and GRANTORS and its successors shall bc thrilled to
immediate pp~.~Fssion2~J}.5~c ~ premises and thc ig]provemcnts thereon; and IlO act or
pqljssion__ul!0n the part of GRANTORS herein and its successors shall be a waiver of thc
operation or cnfbrcement of such condition.
Thc resu'iction set ()tit in (all above shall be construed to be For thc benefit of any
p~l'son prcj[~diced bx its violation. The restriction specific4._i!l_lb) above shall be
conslrucd to be for the bencfit o[' any ..... p ~blic school district, or any Pcr~gg prejudiced by.
jt~ viohttion
TO HAVE AND TO HOLD unto the City of Coppell, Texas, its succcssors or
assigns fbr thc purposes aforcaaid, the premises above described,
EXECUTED this day of
,2001.
Carrollton-Farmcr's Branch Independent
School District, GRAN'I'OR
2145~11738
~ENT BY: LAW OF'F~CEg OF ROBF~' LUNA PC ; 214B2it738; t0-01 1{:48AM;
EXHIBIT"A"
County: Dallas
Account No.: Page 1 of 2
CS J: December 1, 1999
Highway No.: ~
Parcel: 28SE
Grantor: C_arrolton ~- Farmers Branch Independent School Disrict
Legal Land Description for Parcel 28SE
BEING a tract of land situated in the Weston Perry Sur~ey, Abstract No. 1152 In the City of
Coppe[I, Dallas County, Texas, said tract being part of a called 41.9710 acrs tract of land
described in a deed to Carrollton-Farmers Branch Independent School District being
executed on November 10, 1980 as recorded in Volume 80230, Page 0510 of the Deed
Records of Dallas County, Texas, and being more particularly described by metes and
bounds as follows:
Commencing at the northwest comer of said lSD tract;
Thence, South 00 degrees 39 minutes 13 seconds East, along the west line of said lSD tract
and the east line of a called 18,8587 acre tract of land described in a deed to Peter Park as
recorded in Volume 93037, Page 0373 of said Deed Records, a distance of 1054.91 feet to a
one-half inch steel rebar with yellow plastic cap marked AB&A, set for comer on the proposed
slope easement, the POINT OF BEGINNING, said steel rebar being located at a distance of
80.00 feat left from centerline station 65+12.56 as shown on Dallas County's 1991 Bond
Program Right of Way plans on file at the Dallas County Public Works Department;
1. THENCE, South 89 degrees 59 minutes 56 seconds East, along the proposed slope
easement, a distance of 54.67 feet to a one-half inch steel rebar with yellow plastic cap
marked AB&A, set for comer at the beginning of a curve to the left;
2, THENCE, Northeast, continuing along the proposed slope easement and along said
curve to the left which has a chord that bears North 88 degrees 56 minutes 10 seconds
East for a distance of 89.80 feet, a central angle of 02 degrees 07 minutes 34 seconds
and a radius of 2,420.00 fe~t, for an ars distance of 89.80 feet to a one-half inch steel
rebut with yell0w plastic Cap marked AS&A, set for comer at the end of said curve;
3. THENCE, South 02 degrees 07 minutes 35 seconds East, continuing along the proposed
slope easement, a distance ol~ 25.00 I'eet to a one-half steel rebar with yellow plastic cap
marked AB&A, set for comer on the proposed north right of way line of Sandy Lake Road
at the beginning of a non-tangent curve to the right;
4. THENCE, Southwest, along the proposed north right of way line of Sandy Lake Road and
along said non-tangent curve to the right which has a chord that bears South 88 degrees
55 minutes 45 seconds West for a distance of 90,13 feet, a central angle of 02 degrees
06 minutes 44 seconds and a radius of 2,445.00 feet, for an arc distance of 90,13 feet to
a one-half inch steel rebar with yellow plastic cap marked AB&A, set at the end of said
curve;
2145211738 --
kENT BY: LAW OFFIOE~ OF ROB[ LUNA PC ; 2145211738; 10-0t tt:49AM; PA~E tt/tt
EXHIBIT "A"
County; Dallas Page 2 of 2
Account No.: December 1, 1999
CS J:
Highway No,: Sandy Lake Road
Parcel: 28SE
Grantor: Carrolton - Farmers Branch Independent School Disrtct
5. THENCE, West. continuing along the proposed north right of way line of Sandy Lake
Road, a distance of 54.99 feet to a one-half inch steel rebar with yellow plastic cap
marked AB&A, set on the common line of said lSD tract and said Park tract;
6. THENCE, North O0 degrees 39 minutes 13 seconds West, along said common line, a
distance of 25.00 feet to the POINT OF BEGINNING and containing 3,620 square feet or
0.0831 acre of land. more or less.\
A plat of even survey date herewith accompanies this legal description.
All bearings are on the NAD 83 Texas State Plane Coordinate System, North Central Zone.
Arredondo, Brunz & Associates, Inc.
John F, Pierce, R.P.L.S.
Registered Professional Land Surveyor
Texas No, 2011