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ST9301A-CN 960827 AGENDA REQUEST FORM The City With A Beautiful Future CITY COUNCIL MEETING: August 27, 1996 ITEM # ~ ITEM CAPTION: Consider approval of an agreement with Earl Farrow and Floyd Farrow in the amount of $17,202 for the acquisition of right-of-way and a slope easement associated with the construction of the Sandy Lake Road bridge (Project# ST 93-01A). ./~! PPtqO YED SUBMITTED BY: Kenneth M. Griffin, P.E. ~.~i TY COUNCIL TITLE: ACM/City Engineer ~/~~ STAFF RECOMMENDS: Approval X DATE _ £' - STAFF COMMENTS: 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. In conjunction with the construction of the bridge, it is the City's responsibility to acquire the necessary right-of-way. There are two parcels of land that the City will be acquiring. One is from the Farrow property and one is from the Harrington property. The City has had extensive negotiation with Mr. Harrington and has been unable to reach a solution. You may notice on your agenda this evening that there is an item to authorize the City Manager to make an offer to Mr. Harrington and then proceed with the process of eminent domain if necessary. On the second parcel, I have met with Earl and Floyd Farrow to discuss the acquisition of their right-of-way. After some discussion, they are willing to provide the right-of-way and slope easement to the City at the cost of $17,202. This number is generally based on offers they have had for their property in the past. By negotiating with the Farrows, the City precludes the need to expend additional dollars for appraisals, staff time, attorney fees and court cost to acquire the easement through the process of eminent domain. It also allows the construction of the bridge to be expedited. Staff recommends the approval of the payment of $17,202 for the acquisition of right-of-way and slope easement necessary for the construction of the Sandy Lake Road bridge over the Elm Fork of the Trinity River. Staff will be available to answer questions at the Council meeting. BUDGET AMT. $ AMT. EST. $ +/- BUD: $ FINANCIAL COMMENTS: Funds are available in the 1995 Street CIP account. DIR. INITIALS: ~7 FIN. REVIEW~ CITY MANAGER REVIEW:~ Agenda Request Form - Revised 6/96 -- ~ ~ Document Name eng.2 . ', '--- ' -- - "" COUNTY CLERK'S MEMO PORTIONS OF THiS DOCUMENT NOT ~' RIGHT OF WAY AND SLOPE REP"OOUC,8,E WHEN RECORDED I 79 09 OO 09/1E/% 198739 ~1.00 STATE Ol~ ~ § Deed § KNOW ALL MEN BY THESE PRF. S~ COUNTY OF I)AI.[AS § 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. after rcfctTed to as GRANTORS, in consideration of the sum of Seventeen Thousand, two hundred and two Dollars ($17,202) and other good and valuable consideration in hand paid by City of Coppell, Texas, receipt of which is hereby acknowledged, docs by these presents grant, bargain, sell and convey unto City of Coppell, Texas, ("GRANTEE"), thc free and uninterested usc, liberty and privilege of passage in, along, upon and across thc following described property owned by Grantor for thc purpose of right of way (thc "right of way casement strip") and a slope casement for grading, sloping or filling along, upon and across said property to provide a mom subtle grade change mansition, across Grantor's main tract with thc 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 for thc purpose of maintaining, making additions to, improvements on and repairs to any part of the right of way casement and to the said slope casement or any part thereof. Said right of way and slope casement strips being clcscrib~ in Exhibit "A" attached hereto and made a part hereof for all purposes. That in consideration of the benefits above set out, Grantee will relocate from thc right of way casement strip, thc existing fence and gate to thc south side of the new right of way casement. After construction has been completed or after any entry for rcpaim or maintenance, GRANTEE shall, except for removed obstructions, return thc surface area of thc casement strips to their original condition as nearly as practical taking into consideration thc nature of thc work being performed. GRANTORS reserve the right to use and maintain thc surface of thc slope easement strip for purposes which will not interfere with GRANTEE'S rights hereby granted and agree that, GRANTEE shall not bc obligated for future maintenance and upkeep of thc slope casement strip. TO HAVE AND TO HOLD unto the City of Coppell, Texas, its successors or assigns for the purposes aforesaid, thc premises above described. EXECUTED this (a '-//t day of~l~~~~ ,1996 ~../~... /rtn.4n~.~X.~ ~os so~t~o~. ~oa 0329 ¢ t 96179 STATE OF TEXAS § COUNTY OF DALLAS § This instrument was acknowledged before me on the ~ f)~ day of OTARY' PUBLIC, Sm f Tdxa~:' ' My Commission Expires: / ' ~ (Type / Print Name of Notary) STATE OF TEXAS § COUNTY OF DALLAS § This 'instrument was acknowledged before me on the ~ /'~ day of ~ ~f~Z~x,~C_~_ , 1996, by .~/~J/~ ~ ~0 ~ -- ~ ~ ~,~, · ~y Co~ission Expires: ~. 7~ ..... (Type / Print Name of No~) 96179 03299 Sandy Lake Road Project No. 91-838 Parcel: 28 ROW May 22, 1996 RIGHT-OF-WAY DESCRIPTION BEING 0.1733-acre tract of land located within the Weston Perry Survey, Abstract Number 1152, in the 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 Dallas County, Texas (DRDCT) and a portion of the 7.316-acre tract of land conveyed from John Wesley Hundall, III and Iean Hundall Marsh to Floyd C. Farrow and Earl K. Farrow as recorded in Volume 76127, Page 2568 (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 1/2" found iron rod on the northwesterly comer of a said 7.316-acre tract and northeasterly comer of a 25.006-acre tract of land as recorded in Volume 90033 Page 0269(DRDCT), said point also lying 30.40 feet to the right of the proposed centerline station 64+41.76; THENCE South 89' 50' 37" East, a distance of 339.12 feet, departing said northeast and northwest comers and along the north line of said 7.316-acre tract 30 feet parallel and south of the existing centerline of Sandy Lake Road to a 1/2" set iron rod with yellow plastic cap stamped "HALFF ASSOC. ,INC." (hereafter referred to as with cap) lying on the west line of a 1.4817-acre tract of land as recorded in Volume 83077, Page 2161 (DRDCT), said point also being the northeast comer of said 7.316-acre tract; THENCE South 08' 44' 57" East, a distance of 15.21 feet, departing said north line and northeast comer and along the common line of the aforementioned 7.316-acre and 1.4817-acre tracts to a 1/2" set iron rod with cap 55.00 feet south of said proposed Sandy Lake Road centerline, to a point lying on a curve to the right, having a central angle of 04' 42'~ 52", a radius of 2555.00 feet, a chord bearing South 87' 38' 34" West a chord distance of 210.17 feet; THENCE in a westerly direction, departing said common line and along said curve 55.00 feet south of said proposed centerline, an arc distance of 210.23 feet to a 1/2" set iron rod with cap for the point of tangency; THENCE North 90' 00' 00" West, a distance of 125.88 feet continuing 55.00 feet south of said proposed Sandy Lake Road centerline to a 1/2" set iron rod with cap lying on the common line of said 25.006-acre and 7.316-acre tracts of land for comer; PAGE 1 OF 2 wa~rrBIt A PARCEL 28 96179 03300 THENCE North 12' 44' 50" West, a distance of 25.22 feet along said common line to the POINT OF BEGINNING and containing 7,549 square feet or 0.1733 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. T~as Suotveying Reg~tration Number 2958 PAGE 2 OF 2 PARCEL 28 EXHIBIT A 96179 03301 Sandy Lake Road Project No. 91-838 Parcel: 28 SE May 22; 1996 SLOPE EASEMENT BEING 0.0966-acre tract of land located within the Weston Perry Survey, Abstract Number 1152, in the 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 Dallas County, Texas (DRDCT) and a portion of the 7.316-acre tract of land conveyed from Jolm Wesley Hunclall, III and Jean Hundall Marsh to Floyd C. Farrow and Earl K.---Farrow as recorded in Volume 76127, Page 2568 (DRDCT), the subject tract being a proposed slope easement 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: COMMENCING at a 1/2" found iron rod on the northwesterly comer of a said 7.316-acre tract and northeasterly comer of a 25.006-acre tract of land as recorded in Volume 90033 Page 0269(DRDCT), said point also lying 30.40 to the right of proposed centerline station 64 +41.76; THENCE South 12' 44' 50" East, a distance of 25.22 feet, departing said northeast and northwest comers and along the common line of said 25.006-acre and 7.316-acre tracts to a 1/2" set iron rod with yellow plastic cap stamped "HALFF ASSOC.,INC." (hereafter referred to as with cap) lying 55.00 feet south of the proposed centerline of Sandy Lake Road for the POINT OF BEGINNING; THENCE South 90' 00' 00" East, a distance of 125.88 feet, departing said common line and continuing 55.00 feet south of said proposed centerline to a 1/2" set iron rod with cap lying on a curve to the left having a central angle of 04' 42' 52", a radius 2555.00 feet and a chord bearing of North 87' 38' 34" East a chord distance of 210.17 feet; THENCE in a easterly direction continuing 55.00 feet south of said proposed centefline an arc distance of 210.23 feet to a 1/2" set iron rod lying on the common line of a 1.4817-acre tract as described in Volume 83077, Page 2161 (DRDCT) and the aforementioned 7.316-acre tract for a comer; THENCE South 08' 44' 57" East, a distance of 43.15 feet along said common line to a i/2" set iron rod with cap 98.04 feet south of said proposed Sandy Lake Road centerline for a comer: THENCE South 81' 15' 03" West, a distance of 25.00 feet to a 1/2" set iron rod with cap to a point lying 98.89 feet south of said proposed centerline for a comer; THENCE North 08' 44' 57" West a distance of 35.00 feet to a point 65.00 feet south Of said proposed centerline, said point also lies on a curve to the right having a central angle of 04' 10' PAGE 1 OF 2 KX~IBI2: ,~ PARCEL 28 SE 96179 03302 12", a radius of 2565.00 feet and a chord bearing of South 87' 54' 54" West a chord distance 186.64 feet; THENCE along said curve an arc distance of 186.68 feet to a 1/2" set iron rod with cap (or the point of tangency; THENCE North 90' 00' 00" West, a distance of 123.61 feet continuing 65.00 feet south of said proposed centerline to a 1/2" set iron rod with cap lying on the common line of the aforementioned 25.006-acre and 7.316-acre tract for corner; THENCE North 12' 44' 50" West, a distance of 10.25 feet along said common line to the POINT OF BEGINNING and containing 4,208 square feet .or 0.0966 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. Raul/Won~ Ir., P.E., ~.P.L.S.~ Texas Suri, eying Regyration Number 2958 PAGE 2 OF 2 ~rBIT A PARCEL 28 SE 96179 03303