ST9301A-AG 960827 AGENDA REQUEST FORM
CITY COUNCIL MEETING: August 27, 1996 ITEM #
ITEM CAPTION:
Consider approval of a resolution to determine a necessity of acquiring right-of-way and slope
easement from the James A. Harrington property located on east Sandy Lake Road in conjunction
with the construction of the bridge over the Elm Fork of the Trinity River (Project # ST 93-01A)
and authorizing the Mayor to sign.
TI~E: ACM/City Engineer
STAFF R~MMENDS: Ap~xova-t-~K Denial
STAFF COMMENTS:
See attached memo.
APPROVED
BY
CiTY COWNCJL
DATE ,~'/~ ~ / ~ -
/
BUDGET AMT. $ AMT. EST. $ +/- BUD: $
FINANCIAL COMMENTS:
Funds are available in the 1995 CIP Account.
DIR. INITIALS: ~ FIN. REVIEW~ CITY MANAGER REVIEW: ~
Agenda Request Form - Revised 6/96 Document Name eng.3
MEMORANDUM
To: Mayor and City Council
From: Kenneth M. Griffin, P.E., ACM/City Engineer ~
RE: Consider approval of a resolution to determine a necessity of acquiring right-
of-way and slope easement from the James A. Harrington property located
on East Sandy Lake Road in conjunction with the construction of the bridge
over the Elm Fork of the Trinity River (Project # ST 93-01A) and authorizing
the Mayor to sign.
Date: August 19, 1996
For some time now, the City has been negotiating with James Harrington on the acquisition of
necessary right-of-way and slope easement from his property to allow the construction of the
Sandy Lake Road bridge over the Elm Fork of the Trinity River. While we have had numerous
meetings, the City and Mr. Harrington have been unable to arrive at a resolution on the
acquisition of the right-of-way There are two major issues of which Mr. Harrington has
expressed a concern over. One is the fact that because of the floodplain the bridge will be
elevated adjacent to his property. It is Mr. Harrington's opinion that this could limit the
visibility of his property. The second issue is because of the elevation of the bridge, the limited
visibility and the location of his property in proximity to the bridge, the City is unable to
provide Mr. Harrington a median opening to access his property. The attached resolution
authorizes the City Manager to make an offer based on an appraisal by Price-Denton, Inc. and
then if necessary to acquire the property through the process of eminent domain. Our goal is
to provide the County with the necessary right-of-way documents as soon as possible so that they
can proceed with the construction of the bridge. It was the County's goal to begin construction
in January 1996, however, the right-of-way documents were not provided to the City until late
May 1996 and were processed to an appraiser in June 1996. If the City has to acquire the
property through the process of eminent domain that will be approximately three to four months
on the acquisition of the property. In recent conversations with the County they are now
scheduling the construction of this bridge for late 1996 or early 1997.
Staff recommends approval of the resolution to make an offer to Mr. Harrington and then
proceed with eminent domain if the offer is refused. Staff will be available to answer questions
at the Council meeting.
RESOLUTION OF ~ CITY OF COPPELL
RESOLUTION NO. (P ~o2 t7 9~6. /
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF COPPELL, TEXAS DETERMINING THE
NECESSITY OF ACQUIRING A STREET RIGHT-OF-
WAY AS DESCRIBED IN EXHIBIT "A", ATTACHED
HERETO, ON, ABOVE AND IN LAND LOCATED
WITHIN THE CITY OF COPPELL, DALLAS
COUNTY, TEXAS.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS:
SECTION 1. That the City of Coppell, Texas hereby determines that a public necessity
exists that a street right-of-way, as described in Exhibit "A", attached hereto, be acquired and
located within the City of Coppell, Dallas County, Texas. That the legal description of said street
right-of-way is attached hereto as Exhibit "A" and also shown on the plat which is further
attached hereto, all being made a part hereof for all purposes.
SECTION 2. That for the purpose of acquiring said street right-of-way and believing
that the appraisal represents a fair cash market value of said easement and full damages legally
allowable under law, it is hereby resolved that the City Manager is hereby authorized and
empowered to offer the property owner an amount based on the appraisal by Price-Denton, Inc.
for the necessary street right-of-way on, over and in such property.
SECTION 3. In the event said offer is declined by the owner, the City Manager and the
City Attorney are authorized to comply with the statues of the State of Texas with reference to
the necessary legal prerequisites existing in or relating to the exercise of eminent domain to
acquire said easement.
SECTION 4. That the owner or party claiming an interest in said property is James
Albert Harrington whose mailing address is: 1601 E. Sandy Lake Road, Coppell, Texas 75019.
DULY PASSED and approved by the City Council of the City of Coppell, Texas on this
the ~2 ~ day of{'~tL~,a .~, 1996.
~¢~CITY COPPELL
TDM MORTON, MAYOR
c-PE'TER G. SIXTH, CITY ATTORNEY LI'~ISX ~i$,AU, C-iTY SECRETARY
RESOLUTION OF THE CITY OF COPPELL
RESOLUTION NO. 0
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF COPPELL, TEXAS DETERMINING THE
NECESSITY OF ACQUIRING THE SLOPE
EASEMENT DESCRIBED IN EXHIBIT "A",
ATTACHED HERETO, ON, ABOVE AND IN LAND
LOCATED WITHIN THE CITY OF COPPELL,
DALLAS COUNTY, TEXAS.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS:
SECTION 1. That the City of Coppcll, Texas hereby determines that a public necessity
exists that a slope easement, as described in Exhibit "A", attached hereto, be acquired and located
within the City of Coppell, Dallas County, Texas. That the legal description of said slope
easement is attached hereto as Exhibit "A" and also shown on the plat which is further attached
hereto, all being made a part hereof for all purposes.
SECTION 2. That for the purpose of acquiring said slope easement and believing that
the appraisal represents a fair cash market value of said easement and full damages legally
allowable under law, it is hereby resolved that the City Manager is hereby authorized and
empowered to offer the property owner an amount based on the appraisal by Price-Denton, Inc.
for the necessary slope easement, over and in such property.
SECTION 3. In the event said offer is declined by the owner, the City Manager and the
City Attorney are authorized to comply with the statues of the State of Texas with reference to
the necessary legal prerequisites existing in or relating to the exercise of eminent domain to
acquire said easement.
SECTION 4. That the owner or party claiming an interest in said property is James
Albert Harrington whose mailing address is: 1601 E. Sandy Lake Road, Coppell, Texas 75019.
DULY PASS_ED and approved by the City Council of the City of Coppell, Texas on this
the 4t'~? day of _~'~_~.a~/--1996.
TOM MORTON, MAYOR
APPROVED AS TO FORM: ATTEST:/9
PETER G. SMIffH, CITY ATTORNEY LI~D~"~G~,-(~ITY SECRETARY
Sandy Lake Road
Project No. 91-838
Parcel: 29 ROW
May 21, 1996
RIGHT-OF-WAY DESCRIPTION
BEING 0. l137-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. Harringt_ on,
to lames Albert Harrington as recorded in Volume 83077, Page 2161 (DRDCT), the subject
tract being part of the proposed fight-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 ll.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 fight of proposed Sandy Lake Road
centedine 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 centefline 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 md 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 fight having a central
PAGE 1 OF 2 PARCEL 29
E×NIISIT
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 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.
Tex~ Sur0eying Regis~rjltion Number 2958
PAGE 2 OF 2 PARCEL 29
E×HaS~T 'A'
Sandy Lake Road
Project No. 91-838
Parcel: 29 TE
May 21, 1996
TEMPORARY 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 right-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 comer of a ll.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 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
centefline 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 centefline 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 comer;
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 centerline 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 comer;
PAGE i OF 2 PARCEL 29 TE
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' 36"
East a chord 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.
Texas Surv*eying Re~tration Number 2958
PAGE 2 OF 2 PARCEL 29 TE