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ST9301A-CS 960112 DALLAS COUNTY PUBLIG WORKS January 12, 1996 Mr. Ken Griffin, P.E. City Engineer City of Coppell P.O. Box 478 255 Parkway Coppell, Texas 75019 Re: Sandy Lake Project 91-838 (Coppell E. City Limits to Dallas City Limit) Harrington and Farrow ROW Documents, Right of Entry, Interim Plan Submittal & Agency Coordination Conference Dear Mr. Griffin: Reference is made to your recent telephone discussion with Irv Griffin of my staff. Topics discussed included the status of the Harrington parcel, details of the final plans and a response to my letter to you dated December 18, 1995. This letter is to follow up that .discussion concerning the Harrington property, to inform you of activities underway, request actions from you and to advise you of an upcoming conference. For ease of reference, we have separated this letter into various topics as follows: 1. Harrington and Farrow ROW Documents: As you requested we have instruction our consultant to finish ,' all the needed plats and legal description for these parcels. See copy of letter (attached) to the consultant dated January 12, 1996 for additional information about this instruction. Also, since contact with the owner of the Farrow property, had previously been deferred we ask that you commence this negotiation promptly. 2. Right of Entry: We are aware that you anticipate a time period of approximately three months to acquire the needed parcel or parcel through the Eminent Domain process. As you may know, Dallas County desires to have the right of way clear prior to February 28, 1996. With this in mind we recommend you consider obtaining a "Right of Entry" prior to that time. For your information and use we are attaching a copy our standard document (4 pages) entitled "AGREEMENT FOR RIGHT OF ENTRY, POSSESSION AND USE". 411 Elm Street Dallas, Texas 75202 653-7151 Ken Griffin, P.E. January 12, 1996 Page Two 3. Interim Plan Submittal: Enclosed you will find one set of "Interim" Final Plans for this Sandy Lake Road project in the Cities of Dallas, Coppell and Carrollton. This is being provided for your use for making final comments and for identifying additional City requested (and City funded) items that you may desire. These items include but are not limited to irrigation conduits, additional pavement markings, stripes, traffic signal conduit, street light foundations, street light conduit etc., that your City may request that Dallas County incorporate into construction of the project. 4. Agency Coordination Conference: This is to advise you that the next "Sandy Lake Road Co- Ordination Conference" is scheduled for 2:30 PM Thursday, January 25, 1996 at the Dallas County Public Works Conference Room. Your attendance and participation is desired and will be appreciated. You may call Irv Griffin or Alberta Blair-Robinson at this office if you have questions concerning the above, any of the attachments mentioned in this letter, or have questions concerning any other feature of the bridge project. Sincerely, Director of ~b '~Works ABB/ISG/isg Enclosure: Interim Final Plans Attachments: 1. Letter to Charles Gojer and Associates Inc. with attachments dated January 12, 1996 2. Right of Entry Form CC:Abel Saldana, P.E., Dallas County Project Engineer Selas Camarrillo, P.E., Asst. Dir. DCPW ffle:IRV: Griff'm.Ken Project: Parcel: AGREEMENT FOR · RIGHT OF ENTRY. POSSESSION AND USE STATE OF TEXAS § COUNTY OF DALLAS § THAT I, is/are the owner(s) of a certain tract of land in Dallas County, Texas, more fully descn'bed in EXHIBIT 'A' attached hereto, which by this reference becomes a part hereof. The County of Dallas, acting by and through the Department of Public Works of the County of Dallas, may acquire to said tracts(s) of land, except all the oil, gas and sulphur which can be removed from beneath the above-described tract(s) of land, for the purpose of comuucting a road and the The County of Dallas, will acquire these interests in the hereinafter described tract(s) of !and, together with title to all fixed improvements thereon, by purchase; or upon the failure to purchase, by means of condemnation proceedings. The County of Dallas must have the right of entry on and use of said described tract(s) of land, encumbered with the improvements thereon by or as ~ soon thereafter as may be poss~le, for the purpose of. beginning construction of said road and relocation of utilities, if any, as it would be impractical if not impossible for the County .of Dallas to either purchase said interests or to institute condemnation proceedings by that date, now therefore: ~ KNOW ALL BY THESE PRESENTS that, hereinafter c~iled Grantor, hereby acknowledged, and confessed, whether one or several, has granted and by these presents does Grant unto the County of Dallas, hereinafter called Grantee the right of entry upon, and the right to remove any fLxed improvements located thereon, and the exclusive possession and use of the tract(s) of land, described in EXHIBIT THIS GRANT of right of entry, possession and use is conditioned upon the following: 1. That the Grantee, their Agent, Employees, Contractors and the Utility Companies acting by and through the Department of Public Works, shall have the right of entry upon, possession and use of the land(s) described in EXHIBIT "A", and the right to remove any fixed improvements located thereon, from and after. , unless terminated as hereimu'~er provided. 2. That the grant herein made shall not prejudice in any way Grantor's rights to receive full and just compensation according to law for the interests to be acquired by the Grmm~e in the above-described land(s) as encumbered with improvements thereon, save and except ali oil, gas and sulphur as above provided. The date of taki .ng for valuation purpcm~ is hereby agreed to be the date stated in one (1) above for the purposes of any CommissiOners Hearing or Jury Trial. 3. That this grant, and the right of entry, posSeSSion and use obtained by the Grantee hereunder, shall ipso facto terminate and be void and of no further force and effect on the fu'st day of the seventh month following the month of execution of this Agreement, unless the Grantee has, prior to said date, entered into a contract of sale with Grantor for the purchase, of said rights to said land, or in the alternative has filed condemnation proceedings for the acquisition of said rights in the County Court of Dallas County, Texas, Page 2 of 4 which has jurisdiction thereof under the provision of the Texas Statutes. The time limitations aa stated herein may be extended by mutual agreement in writing. 4. That it is expressly provided that in the event the Grantee institutes condemnation proceedings, under this grant, the Grantee will not be liable to Grantor for interest except as provided by law on any award or judgment in such proceedings for any , period prior to the time that the amount of the award is deposited into the registry of the Court. TO HAVE TO HOLD the possession and use of the above described tract of land for the purposes and subject to the limitations above described. EXECUTED this day of ,19--. GRANTOR (if corporation) GRANTOR (if individual) By: " ACKNOWLlr. BG~ STATE OF TEXAS COUNTY OF BEFORE ME, Tug UNDH~ION~, a notary public in and for said County and State, on this day personally appeared known to me to be the person(s) whose name(s) is/are subscribed to the foregoing instrument and acknowledged to me that ... he ... executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE', this., day of ., 19-. Notary Public in and for the State of Texas My Commission Expires Page 3 of 4 COUNTY OF DALLAS Lee F. Jackson, County Judge . ACKNOWL~r~GMENT TUF~ STATE OF TEXAS COUNTY OF DALLAS BEFORE ME, the undersigned authority, on this day perSOnally appeared Lee F. Jackson, Coollty Judge for Dallas County, Texas, known to me to be the person and officer whose name is subscribed to the foregoing insu'ument and acknowledged.to me that th6 same was the act of Dallas County, Texas. a political subdivision of the State of Texas. 'and that he executed the same as the act of the County of Dallas for the purposes and consideration therein expressed and in the capaci~ herein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this _ day of ,. A,D. 19 Notary Public in and for the State of Texas My Commission Exp~ A:\Cn~'YDOCLRow~ROE . Page 4 of 4