ST9301A-CN 970311 AGENDA REQUEST FORM
IL MEETING: March 11, 1997 ITEM #
ITEM CAPTION:
Approval of agreement with James Harrington in the amount of $35,860 for the
acquisition of and a temporary construction easement associated with the
construction of Sandy Lake Road Bridge Project # ST 93-01A.
SUBMITTED BY: Kenneth P.E.
TITLE: Dir. of En~ & Public Works
STAFF RECOM]4ENDS: Approval _X Denial
STAFF COMMENTS:
See attached memo.
Staff recommends the approval of the of $35,860 for the acquisition of right-of-
way and a temporary construction and mitigation of certain perceived damages
association with this construction of the Lake Road bridge over the Elm Fork of the
Trinity River. Staff will be available to an~ any questions at the Council meeting.
B~GET ~T.$
F~C~L COMMENTS: ~ ca~e ~
DIR. INITIALS: ~-~
REVIEW:
Agenda Request Form - Revised 1/97
To: Mayor and City Council
From: Kenneth M. Griffin, P.E., Dir. of Engineering & Public Works ~-~
RE: Approval of an agreement with Jnmes Harrington in the nmount of $35,860 for the
acquisition of right-of-way and a temporary construction easement associated with
the construction of the Sandy Lake Road Bridge Project gST 93-01A.
Date: March 3, 1997
Dallas County is nearing the completion of the plans for the construction of the bridge over
the Elm Fork of the Trinity River on Sandy Lake Road. It is anticipated that this project
will begin during the spring of 1997. In conjunction with the construction of the bridge,
it is the City's responsibility to acquire the necessary right-of-way. The last parcel that
remains for the City to acquire is from Mr. Harrington, owner of the Harrington Bait
Shop. There has been ongoing negotiation with Mr. Harrington for over a year concerning
the acquisition of the easement.
The major issue is that the construction of the bridge will require the roadway to be
elevated approximately 4 feet above its current elevation. The elevation of the roadway will
limit visibility to his business and also the proximity of the bridge will restrict the ability
for Mr. Harrington to have a median opening to access his business. Therefore,
accessibility to and from his business will be facilitated by U-turns. In the most recent
negotiations with Mr. Harrington, he stated that he wanted compensation for loss of
visibility and accessibility to his property. Mr. Harrington was also concerned with loss
of revenue during and after construction of the bridge.
With this agenda item is a copy of the right-of-way and temporary construction easement.
The City will be acquiring 4,952 square feet of right-of-way and 6,140 of temporary
construction easement. In addition, the City is offering a value for the perceived damages
associated with loss of visibility and accessibility and perceived damages associated with loss
of current and future revenue.
Staff recommends the approval of the payment of $35,860 for the acquisition of right-of-
way and a temporary construction easement and mitigation of certain perceived damages
association with the construction of the Sandy Lake Road bridge over the Elm Fork of the
Trinity River. Staff will be available to answer any questions at the Council meeting.
~nnnl:,/ Tnn
March 7, 1997
James Harrington
1601 E. Sandy Lake Road
Coppell, Texas 75019
RE: Sandy Lake Road Bridge Project ST 93-01A
Dear Mr. Harrington:
In conjunction with the acquisition of the easement from the Harrington Bait Shop and in
conjunction with the Sandy Lake Road Bridge over the Elm Fork of the Trinity River, the City
of Coppell shall provide an amount up to $1000 for the purchase of an Air Filtration System to
assist in the elimination of dust created during construction of the aforementioned project. The
monies will be made available at the start .of construction for either the purchase of the Air
Filtration System by the City or the reimbursement to Mr. Harrington for the purchase of the
Air Filtration System.
Any questions concerning this issue can. be directed to myself.
Sincerely,~,~ /~~,
Kenneth M. Griffin, P.E.
Director of Engineering and Public Works
RIGHT OF WAY AND TEMPORARY CONSTRUCTION
EASEMENT
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF DALLAS §
THAT the term Grantor used herein shall be construed in the singular or plural number as
such term respectively represents onepr more than one person.
THAT, ~-~ o,~,o ~,.q' r,- ,',o ~ ~ , herein after
referred to as GRANTOR, in C°nsic[eration 'of ~h-e payme]at of Thirty-five Thousand, eight hundred and
sixty Dollars ($35,860.00) (detailed below) 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"), 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 right of way (the "right of way easement strip") and a temporary construction easement.
The GRANTEE herein, its agents, employees, workmen and representatives shall have the right and
privilege at all times to have ingress, egress, and regress in, along, upon and across said right of way
for the purpose of maintaining, making additions to, improvements on and repairs to any part of the right
of way easement and the right and privilege during the construction period, to have ingress, egress and
regress in, along, upon and across said temporary construction easement for the purpose of grading and
constructing improvements in the right-of-way necessary for the completion of the project. No parking
of construction equipment, blocking of the driveway or night time work will be allowed. The temporary
construction easement shall be for a maximum period of 24 months from the time of the start of
construction.
Said right of way and temporary construction easement strips being described in Exhibit "A"
(Parcels 29 and 29 TE) attached hereto and made a part hereof for all purposes.
The payment for the right of way and temporary construction easement, in addition to other good
and valuable considerations, is as follows:
1. 4952 square feet of right of way at $2.00/sq.ft. = $ 9,904.00
2. 6140 square feet of temp. construction easement at $.40/sq.ft. = $ 2,456.00
3. Damages for loss of visibility = $10,000.00
4. Damages for loss of revenue during construction = $13,500.00
TOTAL $ 35,860.00
That in consideration of the benefits set out above and 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 temporary construction easement to its original condition as nearly as practical taking
into consideration the nature of the work being performed and the temporary construction easement shall
terminate at the end of construction and GRANTEE shall not be obligated for future maintenance and
upkeep of the temporary construction 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 7/~ dayof ~/~l' C_~ , 1997.
~' - - (~RANTOI~ .-
¢~_ ~,¢t..¢¢.~~ ~¢'~-.~_2 Social Security Number ~r~¢~ o ~- I1
· RIGHT OF WAY AND TEMPORARY CONSTRUCTION
EASEMENT 7
04/18/97 47075~ $21.
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF DALLAS §
THAT the term Grantor used herein shall be construed in the singular or plural number as
such term respectively represents onepr more than one person.
THAT, ~ o,,n~ ~,~' rt' ,'~ ~ el , herein after
referred to as GRANTOR, in Consk[eration'of ih'e payment of Thirty-five Thousand, eight hundred and
sixty Dollars ($35,860.00) (detailed below) and other good and valuable consideration in hand paid by
City of CoppeH, Texas, receipt of which is hereby acknowledged, does by these presents 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 right of way (the "right of way easement strip") and a temporary construction easement.
The GRANTEE herein, its agents, employees, workmen and representatives shall have the right and
privilege at all times to have ingress, egress, and regress in, along, upon and across said right of way
for the purpose of maintaining, making additions to, improvements on and repairs to any part of the right
of way easement and the right and privilege during the construction period, to have ingress, egress and
regress in, along, upon and across said temporary construction easement for the purpose of grading and
constructing improvements in the right-of-way necessary for the completion of the project. No parking
of construction equipment, blocking of the driveway or night time work will be allowed. The temporary
construction easement shall be for a maximum period of 24 months from the time of the start of
construction.
Said right of way and temporary construction easement strips being described in Exhibit "A"
(Parcels 29 and 29 TE) attached hereto and made a part hereof for all purposes.
The payment for the right of way and temporary construction easement, in addition to other good
and valuable considerations, is as follows:
1. 4952 square feet of right of way at $2.00/sq.ft. = $ 9,904.00
2. 6140 square feet of temp. construction easement at $.40/sq.ft. = $ 2,456.00
3. Damages for loss of visibility = $ 10,000.00
4. Damages for loss of revenue during construction = $13,500.00
TOTAL $ 35,860.00
That in consideration of the benefits set out above and 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 temporary construction easement to its original condition as nearly as practical taking
into consideration the nature of the work being performed and the temporary construction easement shall
terminate at the end of construction and GRANTEE shall not be obligated for future maintenance and
upkeep of the temporary construction easement.
TO HAVE AND TO HOLD unto the City of Coppeil, Texas, its successors or assigns for the
purposes aforesaid, the premises above described.
EXECUTED this 7 ]~ dayof ,~/~ O. f' C_.['~ , 1997.
9 7 0 7 6 0 2 7 t~ 7 Social Security Number
STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on the / '~ day of
................ NbTARY PUBLIC, State/of Texas
My Commission Expires:
(Type / Print Name of Notary)
97076 027h8
Sandy Lake Road
Project No. 91-838
Parcel: 29 ROW
May 21, 1996
RIGHT-OF-WAY DESCRIPTION
BEING 0.1137-acre tract of land located within the Weston Perry Survey, Abstract Number
1152, City of Coppell, Dallas County, Texas; the subject tract being a portion of a 38.1-acre
tract of land as described in Volume 3840, Page 185 Deed Records of Dallas County, Texas
(DRDCT) and a portion of a 1.4817-acre tract of land as conveyed from Pearl C. Harrington,
to James Albert Harrington as recorded in Volume 83077, Page 2161 (DRDCT), the subject
tract being part of the proposed right-of-way for Sandy Lake Road (variable width right-of-way,
Dallas County Project No. 91-838) and the subject tract of land being more particularly
described as follows:
BEGINNING at a found PK nail on the southwesterly most comer of a l l.62-acre and
northwesterly comer of a 3.9-acre tract of land conveyed to the City of Dallas as recorded in
Volume 540, Page 21 (DRDCT), and northeasterly comer of the aforementioned 38.1-acre and
1.4871-acre tracts, said point also lying 19.53 feet to the right of proposed Sandy Lake Road
centerline station 69+ 14.85, said point also lying within the existing pavement of Sandy Lake
Road;
THENCE South 13' 14' 05" East, a distance of 40.72 feet along the common line of
aforementioned 3.9-acre and 1.4817-acre tracts to a 1/2" set iron rod with yellow plastic cap
stamped "HALFF ASSOC. INC." (hereafter referred to as with cap) to a point lying 60.00 feet
south of the proposed centerline of Sandy Lake Road for comer;
THENCE South 83' 07' 34" West, a distance of 25.00 feet departing said common line and
. continuing 60.00 feet south of said proposed centerline to a 1/2" set iron rod with cap for
comer;
THENCE South 06' 52' 26" East, a distance of 4.00 feet to a point lying 64.00 feet south of
said proposed centerline to a 1/2" set iron rod with cap for comer;
THENCE South 83' 07' 34" West, a distance of 7.00 feet continuing 64.00 feet south of said
proposed centerline to a 1/2" set iron rod with cap for comer;
THENCE North 06' 52' 26" West, a distance of 19.00 feet to a 1/2" set iron rod with cap lying
45.00 feet south of said proposed centerline for comer;
THENCE South 83' 07' 34" West, a distance of 14.24 feet continuing 45.00 feet south of said
proposed centerline to a 1/2" set iron rod with cap lying on a curve to the right having a central
PAGE 1 OF 2 PARCEL 29
97076 027h:9 XamIrA
angle of 01' 22' 04", a radius of 2545.00 feet and a chord bearing South 83' 48' 36" West a
chord distance 60.76 feet;
THENCE along said curve and Continuing 45.00 feet south of said proposed centerline, an
arc distance of 60.76 feet to 1/2" set. iron rod with cap for comer;
THENCE South 05' 30' 22" East, a distance of 15.00 feet to a 1/2" set iron rod with cap
lying 60.00 feet south of said proposed centerline for comer;
THENCE South 84' 35' 01" West, a distance of 8.00 feet continuing to a 1/2" set iron rod
with cap lying 60.00 feet south said proposed centerline for comer;
THENCE North 05' 19' 37" West a distance of 15.00 feet to a 1/2" set iron rod with cap
lying 45.00 feet south of said proposed centerline and on a curve to the right having a central
angle of 00' 37' 43", a radius 2545.00 feet and a chord bearing of South 84' 59' 14" West a
chord distance of 27.92 feet;
THENCE along said curve continuing 45.00 feet south of said proposed centerline an arc
distance of 27.92 feet to a 1/2" set iron rod with cap lying on the common line of a 7.316-
acre tract as recorded in Volume 76127, Page 2568 (DRDCT) and the aforementioned
1.4817-acre tract;
THENCE'North 08' 44' 57" West, a distance of 35.55 feet to a point lying within the
existing pavement of Sandy Lake Road for a comer;
THENCE North 87' 59' 56" East, a distance of 140.00 feet to the POINT OF BEGINNING
and containing 4,952 square feet or 0.1137 acres ~f land more or less;
Note: Bearing system is rotated 00' 28' 51" seconds counterclockwise from plat boundary
of Carrollton Dam dated August 25, 1988 and prepared by the City of Dallas Water
Utilities.
Tex~ SurVeying Regi~tion Number 2958
PAGE 2 OF 2 PARCEL 29
97076 02750 EXHIBIT A
Sandy Lake Road
Project No. 91-838
Parcel: 29 TE
May 21, 1996
TF_~PO~Y CONSTRUCTION EASEMENT
BEING 0.1410-acre tract of land located within the Weston Perry Survey, Abstract Number
1152, City of Coppell, Dallas County, Texas; the subject tract being a portion of a 38.1-acre
tract of land as described in Volume 3840, Page 185 Deed Records of Dallas County, Texas
(DRDCT) and a portion of a 1.4817-acre tract of land as conveyed from Pearl C. Harrington,
to James Albert Harrington as recorded in Volume 83077, Page 2161 (DRDCT), the subject
tract being part of the proposed construction for Sandy Lake Road (variable width fight-of-way,
Dallas County Project No. 91-838) and the subject tract of land being more particularly
described as follows:
COMMENCING at a found PK nail on the southwesterly most corner of a 11.62-acre and
northwesterly corner of a 3.9-acre tract of land conveyed to the City of Dallas as recorded in
Volume 540, Page 21 (DRDCT), and northeasterly corner of the aforementioned 38.1-acre and
1.4871-acre tracts, said point also lying 19.53 feet to the right of the proposed Sandy Lake Road
centerline station 69+14.85, said point also lying within the existing pavement of Sandy Lake
Road;
THENCE South 13' 14' 05" East, a distance .of 40.72 feet along the common line of
aforementioned 3.9-acre and 1.4817-acre tracts to a 1/2" set iron rod with yellow plastic cap
stamped "HALFF ASSOC. INC." (hereafter referred to as with cap) to a point lying 60.00 feet
south of the proposed centerline of Sandy Lake Road for the POINT OF BEGINNING;
THENCE South 13' 14' 05" East, a distance of 29.28 feet continuing along said common line
to a 1/2" set iron rod with cap lying 89.10 feet south of said proposed centerline for comer;
THENCE South 80' 57' 06" West, a distance of 144.51 feet departing said common line to a
1/2" set iron rod with cap lying on the common line of said 1.4871-acre tract and a 7.316-acre
tract as described in Volume 76127, Page 2568 (DRDCT), for corner;
THENCE North 08' 44' 57" West, a distance of 51.44 feet along said common line to a 1/2"
set iron rod with cap lying on a curve to the left 45.00 feet south of said proposed centerllne and
having a central angle of 00' 37' 43", a radius of 2545.00 feet and a chord bearing North 84'
59' 14" East a chord distance 27.92 feet;
THENCE along said curve and continuing 45.00 feet south of said proposed centerline, an
arc distance of 27.92 feet to 1/2" set iron rod with cap for corner;
PAGE 1 OF 2 PARCEL 29 TE
EXHIBIT A
97076 02751
THENCE South 05' 19' 37" East a distance of 15.00 feet to a 1/2" set iron rod with cap
lying 60.00 feet south of said proposed centerline for comer;
THENCE North 84' 35' 01" East, a distance of 8.00 feet to a 1/2" set iron rod with cap
lying 60.00 feet of said proposed centerline for comer;
THENCE North 05' 30' 22" West, a distance of 15.00 feet to a 1/2" set iron rod with cap
lying 45.00 feet south of said proposed centefline and on a curve to the left having a central
angle of 01' 22' 04', a radius of 2545.00 feet and a chord bearing of North 83' 48' $6"
East a choi'd distance 60.76 feet;
THENCE along said curve continuing 45.00 feet south of said proposed centerline an arc
distance of 60.76 feet to a 1/2" set iron rod with cap for the point of tangency;
THENCE North 83' 07' 34" East, a distance of 14.24 feet continuing 45.00 feet south of
said proposed centerline to a 1/2' set iron rod with cap for comer;
THENCE South 06' 52' 26" East, a distance of 19.00 feet to a 1/2' set iron rod with cap
lying 64.00 feet south of said proposed centerline for comer;
THENCE North 83' 07' 34' East a distance of 7.00 feet continuing 64.00 feet south of said
proposed centerline to a 1/2" set iron rod with cap for comer;
THENCE North 06' 52' 26" West a distance of 4.00 feet to a 1/2' set iron rod with cap
lying 60.00 feet south of said proposed centerline for comer;
THENCE North 83' 07' 34" East a distance of 25.00 feet continuing 60.00 feet south of said
proposed centerline to the POINT OF BEGINNING and containing 6,140 square feet or
0.1410 acres of land more or less.
Note: Bearing system is rotated 00' 28' 51' seconds counterclockwise from plat boundary
of Carrollton Dam dated August 25, 1988 and prepared by the City of Dallas Water
Utilities.
PAGE 2 OF 2 PARCEL 29 TE
EXHIBIT A
97076 02752 ·
LEGEN~ ~ _Z~ ~ CITY OF DALLA51~j ]~ PARCEL NO. 29
I
~Tmy~· N)N ~(M) VOL. 540, PG. 21 PARCEL NO. 29 TE
~. ~ ~ ~ ~H-~ ~ ~ D.R.D.C.T.
~~Y T~ '~ ST~ ~ .~' ~ WATER LINE ESMT.
~ ~ W.M.H.~ WATER MA~E ti t , BARBED
GUY
~T. ~~ ~W LP 0 EXIST. LIGHT P~E
..... PLAT - ' PARC~ 29= 4.952 SO. FT. (~1137 A~-CALC.)
........ - FARMERS BRANCH I~ ~ _, - * - * - ' ~T= 59,591 SQ. FT. (1.~ AC.-CALC.)
VOL. 80230. PC. 05~0 , '~-~ PAR~L 29 TN=
........ D.R.D.C.T. ~ p~ ~ ~140 SQ. FT. (0.1410 AC.-CALC.)
~/CAP
67+75.71 STA 6,+~.6~ ~7'59'56~ 140.~' -_---
STA
w/c~ P~L 29 ~-~ rHERLY) ~PARC~
-- EXIST. PAVEMENT -- R=254~' STA ~+13.44 .....
-- L=27.92' 45.~' RT ..... 714'05'E ~.~T.S.
....... _ _ ~/CAP P.O.~ PARCEL
PARCE 28 ~ , .
...... ."?:' PARCEL 29 PARCEL 29 TE
SLOPE EASEMENT ''" ' ' ................ "' I S83'07'34'W 25.00' 1 N83'OT'34'E 25.00'
-~ .... ............. . ...... . ........... ....... ~-- ~ 69+2 S05']O 22"E 15.00' NOS'BO'22'W 15.00'
H~RR~NU~ ON [ '
HALFF
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