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Billingsley 121-AG050412 T ~ £ G I T Y 0 F C©?PELL AGENDA REQUEST FORM DEPT: Engineering DATE: April 12, 2111}5 ITEM #: 8/D Itl'EM CAPTION: Consider approval of a development agreement between Billingslcy 121 Coppcll, Ltd. and the City of Coppelt to allow for tile dedication of right-of-way, drainage easement and temporary slope easements necessmy for Sandy Lake Road in consideration ora 100% credit against future impact fees on the Billingsley 12I CoppeI1, Ltd tract; and authorizing the City Manager to sign. APPP, OVED BY CITY COUNCIL A IIII GOAL(S): ,I, p ON ABOVE DATE Vlotion to Approve - Peters S - Brancheau EXECUTIVE SUMMARY: Approval of the development agreement between Billingsley 121 CoppeI1, Ltd. and the city will allow the City of Coppell to obtain necessary right of ,.'.'ay, drainage easement and temporary slope casements fi-om the Billingsley tract in exchange for the waiver of potential roadway impact fees against tile property. Staff recommends approval of the de,,elopment agreement and will be available to answer any questions at the Council meeting. FINANCIAL COMMENTS: Agenda Request Form Rexiscd 09'04 Docmnent Name #De~ttlopment/kgmt STATE OF TEXAS § COUNTY OF DALLAS § DEVELOPMENT AGREEMENI This AGREEMENT is made bi.' and bctx,,cenLtd, the Cily of Coppell, Texas, a Home Ru~) CiLv (lhe "CITY"), and Bitlingsley 121 Coppell(ia Texas co:'p.~rztion: [ ira]Il'c-z] ,t>a.,"}r~ec~}* Jp: RECITALS WttEREAS, Billmgslcy 121 Coppcll is the owner of a 37.0380-acre commercial tract of land located along the south side of Sandy Lake Road, more parlicularly described in Exhibit attached hereto as (the "Billingsley Tract "); and ~VItEREAS, the CITY desires to acquire a Right-of-Way Easement, a Drainage Easement and two Temporary Slope Easements on the Billingsley Tract; and WHEREAS, Billingslcy 121 CoppelI desires to dedicale the Right-oi'-Way, Drainage I{ascmenl and two Temporary Slope Easements more particularly described in Exhibit "B" attached hereto, (thc "Right-of-Way/Drainage/Temporary Slope Easements") on lhc Billingsley Tract to the CITY m exchange fo~ a credit against future roadway impact fees to be assessed the Billingsley Tract: and WHEREAS, thc dedication of thc Right-of-Way/Drainage/Temporary Slope Easements by Billingsley 121 Coppell will be in lieu of the City's purchase of the Right-of- \Vay/Drainage/Temporary Slope Easements at a future date; and YVItEREAS, the CII'Y desires to acquire the Right-of-Way/Drainage/Temporary Slope Easements by dedication fi-om Billingsley 121 Coppell in exchange for a credit against road'~ ay impact fees to be assessed by the CITY againsl the Billingsley Tract Property; DEVEI.OPMENTAGREEMENT Page I OaG 9o NOVY TItEREFORE, in consideration of ten dollars ($10 001, the mutual covenants and other valuahle consideration, tile sufficiency and receipt of which are hereby acknowledged, tile parties agree as follows: I. Billingslcy 121 Coppell shall dedicatc or grant the Right-of- ~,as/Drainage/Temporary Slope Easements to the CITY oo or before January 28, 2(t05. 2. Upon dedication of the Right-of~Way/Drainage/Temporary Slope Easements by Billingsley 121 Coppell, the CITY shall establish a credit (the "CREDIT") against future roadway impact fees to be assessed against the Billingsley Tract Property in an amount calculated as follows: 11 Six Dollars and Zero Cents ($6.00) times the total square feet of the Right-of-Way Easement ($6.00/sq. ft. x 53,187 sq. fl. - $319,122.00.); 2) Three Dollars and Zero Cents ($3.00) times thc lotal square feet of Drainage Easement ($3.00/sq. ft. x 392 sq. ft. S1,176.001; and 3) Zero Dollars and Thirty Cents ($0.30) times the total square feet of the l'emporary Slope Easements ($0.30/sq. fl. x 36,939 sq. ft. = $11,082.001. The sum of these numbers shall establish a total CREDIT bank of S331,380.00 ($319,122 + $1,176 + $11,082 5331,380.001. All parties hereto acknowledge that the CREDIT will be applied against 100% of the roadx~av impacl fees, bowever, m no c~ent sball the CREDIT exceed the value of the established CREDII bank. All pa,-tics hereto ackno~ledge that thc CITY has no obligation to condemn or pa}' any sum of money in connection with such dedication of grant of ease~ncnt for ~bc Right-of-V~'ay/Drainage/Temporary Slope Easements. Thc parties further acknowledge lbat a£ter dexelopment of the Billingsley Tract Property if the CREDIT exceeds the amount of ~oadway in]pact fees asscssed against the Billingsley Tract Property or if roadway impact fees arc not assessed against the Billingsley Tract Property that tbe CIlY shall be liable for and be DEVELOPMENTA(;REEMENT Page2 obligated to pay' an)' such remaining credits in cash or cash equivalent to Billingsley 12I Coppell O1' its S[ICCCSSOrS. NOTICE :\11 notices required by this AGREEMENT shall be addressed to thc following, or odm~ such other pauly or address as either pauly designates in writing, by certified mail, postage prepaid or hy hand delivery: l£intended £or Bil]ingsley 121 Coppetl, to: c/o Billingsley 121 Coppell Suite 1100 4100 h~lernational Pkwy Carrollton, Texas 75007 If intended for CITY, to: City of Coppell, Texas City Manager P.O. Box 9478 Coppell, Texas 75019 SUCCESSORS AND ASSIGNS 4. This AGREEMENT shall be binding on and inure to the benefit of the parties to it and their respective heirs, executors, administrators, legal representatives, successors, and assigns. SEVER.&BILIT¥ 5. In the event any section, subsection, paragraph, sentence, phrase or word herein is held invalid, illegal or unconstitutional, the balance of this AGREEMENT shall be enl-orceable I)EVEIOPN1ENTAGREEMENT Page3 9 03592 and shall be enforced as il' the parties intended at all times to delete said invalid section, subsection, paragraph, senlencc, phrase or word. GOI EI;LNING I.AW 6 Tile x alidity of this AGRF2EMENT and any of its terms and provisions, as well as ibc righls and duties of thc pa~lies, shall be govcmed by the laws of the State of Texas; and venue for any action concerning this AGREEMENT shall be in State District Court of Dallas County, Texas. ENTIRE AGREE.~IENT 7 This AGREEMENI embodies the complete agreement of tbe parties hereto, superseding ail oraI or written, previous and contemporary agreements between the panics and relating to the matters in this AGI~EMENT, and except as othew~ise provided herein cap. not be modified without written agreement of thc parties to be attached to and made a part of this AGREEMENT. AGREEMEN'T RUNS WI'EH THE [AND The provisions of this AGREEMENT are hereby declared covenants rumamg with tile Billingsley Tract Property and are fully binding on all successors, heirs, and assi,sms of t3illingsley 121 Coppell who acquire any right, title, or interest in or to Billingsley Tract Property or an_,,, part thereof. Any person wbo acquires any right, title, or interest in or to the Billingsley Tract Property. or any part hereof, lhereby agrees and covenants to abide by and i\~II3 perGnn tbe provisions of this AGREEMENT with respect to the right, title or interest in such pt opert) DEVI;]I,¢)PSIENI AGREEMENT Page 4 9 6 03 93 INCORPORATION OF RECITALS 9. The determination recited and declared in the preambles to thc AGREEMENT are hereby incorporated herein as pan of this AGREEMENT. 10. purposes wherever reference is made to the same. EXECUTED in duplicate originals this the CITY OF COPPELL, TEXAS B~nager ATTEST: kibby~ll, City SecreTary EXHIBIT All exhibits to this AGREEMENT arc incorporated herein by reference for all ,2005. Billingsley 121 Coppell, Ltd. a Texas limited partnership By: Billingsley 380 North GP, LLC a Texas limited liability company Sole General Part~jer By:~ APPROVED./A'SSTOBy: Robert ~ kia~y Attorn%' DEVELOPMENT AGREEMENT Page5 CITY MANAGER'S ACKNOV~:LEDGMENT STATE OF TEXAS § COUNTY OF DALLAS § instrument acknowlcdged before me on llae /'/'~rzq'tay of /_./,/34.~/., 2005 by Jim Witt, Git3,, Managcr of the City of Coppcll, Texas, a municipal corpor/ation,~on behalf of' said corporation. My commission Expires: Notar3~__~i&, 'State of Texas Notary Public State of Texas J Comm.,, Ex~ire~. ~-11-~0~.~ DEVELOPMENTA(,REEMENT· ' Page 6 ~8o~ 96 03695 ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF DALLAS § This instrulnent was acknowledged betbre me on the ~:~,ff~4 ~ day of ~]~'.A.~ 2005. by KENNETH D. MABRY, Managcr of Billingsley 380 North GP. LLC, a Texas limited liability company, Sole General Partner of Billingsley 121 Coppell, Ltd., a Texas limited partnership, on behalf of said limited partnership. State of Texas My Commission Expires: DEVELOPMENT AGREEMENT - PAGE 7 03696 EXttlBIT "A" kEGAL DESCRIPTION OF PROPERTY See attached Land Title Surv% prcparcd by Kadlcck & Associates dated May 11, 2000. I)E~,ELOPMENTAGREEMENT Page8 EXItlBIT "B" Sec attached Right of Way and Drainage Easements prepared by 'league Nail and Perkins dated May 26, 2004. and two Temporary Construction Easements prepared by Tcague Nall and Perkins dated May 28, 2004 and July 15, 2004. DEVI~iLOPNIENT AGREEMENT Page 9 03,599 EXHIBIT "B" FIELD NOTES Right of Way Dedication PART I Beingal 156 acres tract of land situated in the J Moore Survey Abstract No 968, Dallas County Texas and being a pad of the remainder of T/E Northpon~t Padners, Ltd as described in deed recorded in Volume 96106 Page 5188, Deed Records of Dallas County, Texas Said 1 156 acres tract of land being mo~epadJcularlydescribedby metes and bounds as fo;lows Beginning at a brass disk in concrete ]'XDOT monument found for corner on the east right of way line of State Highway No 121 (a variable width right of way), same being on south right of way hne of Sandy Lake Road (a variable width right of way), and also being a nodhwest corner of said T/E Nodhpo~nt Partners, Ltd tract, from which a brass disk in concrete TXDOT monument found on the east right of way hne of said State Highway No 121 bears South 33028'25,' West, 274 25 feet; ThencedepadingsaideastrightofwaylineofState Highway No 121, along said south right of way line of Sandy Lake Road same being the north hne of said T/E Nodhpoint Padners, Ltd tract, the following courses and distances North 65°59'00'' East. a distance of 193 36 feet, Nodh 89056'58'' East, a distance of 592 49 feet to the west right of way line of Royal Lane (a variable width right of way): Thence South 00°25'58' East departing said south right of way hne, along said west right of way line of Royal Lane a d~stance of 100 93 feet to a 518 inch ~ron rod with a plastic cap stamped ' TNP" set for corner, from which a 1/2 inch iron rod found on tbe said west rigbt of way hne bears South 00°25'58. East, 199 90 feet and also being the beginning of a non tangent curve to the left w~th a radius of 35 00 feet, a central angle of 83°27'24'', with a chord bearing of North49"40'05'West and a chord d~stance of 46 59 feet; Thence depading said west nght of way line, over and across said ]/E Northpoint Padners, Ltd Tract the followlrlg courses and distances Along sa~d non tangent curve to the left, an arc length uf 50 98 feet to a 5/8 inch ,ron rod with a plashc cap stamped "TNP' set for corner South 89°40'20' West, a distance of 166 52 feet tea 5/8 inch iron rod with a plashc cap stamped ' TNP" set at the beginning of a tangent curve to the right with a radius of 100800 feet, a central angle of 0205915' w~th a chord bearing of Nodh 88~50 10' West and a chord distance of 52 55 feet; Along said tangent curve to the ;ight, an arc length of 52 56 feet to a 5/8 inch ~ron rod with a plastic cap starnped 'TNP set for comer; North 87"20'33' West, a distance of 108 71 feet to a 5/8 inch iron rod with a plastic cap stamped "TNP' set at the beginning of a tangent curve to the left with a radius of 992 001eet, acenralangleof09 160 w~tbachordbearingofSouth88°01'24'' west, and a chord distar~ce of 160 30 f¢~et Along said tangent curve to the left an arc length of 160 48 feel toaS/8inch~ron rod wdh a plastic capslamped 'TNP set for corner; 03700 South 8323 20 West a distaece of 263 08 feet to a b/8 inch iron rod with a plastic cap stamped TNP' setinthesaideastrightofwayhneofStateHighwayNo 121 and the sa~d west line of TIE Northpo~rlt Padners, Ltd tract: Thence North 33°44'13'' East, continuing along the said east right of way line of State Highway No 121andthesaidwestlineofT/ENorthpointPartners, Ltd tracl, adistanceof 26 71 feet to the place of beginning andconlain~ng 1 156 acres of land, more or less PART2 Being a 0 065 acres tract of land situated in the d Moore Survey, Abstracl No 968, DaJlas County, Texas, and being a pad of the remainder of T/E Northpoint Partners, Ltd, as described in deed recorded in Volume 96106, Page 5188 Deed Records of Dallas County, Texas Said 0 065 acres tract of land being more paFticularly described by metes and bounds as follows Beginning at the southeast corner of said TIE Nodhpoint Partners, Ltd tract and the west line of Royal Lane from which acapped 1/2 inch iron rod found, bears South 67°24'52'' East, 0 74 feet; Thence South 89~43'22'' West departing said west right of way line, along the south line of said T/E Nodhpoint Partners, Ltd tract a distance of 1 50 feet to a 5/8 inch iron rod with a plasbc cap stamped 'TNP' set for corner; Thence North 00"34'21" West, depad~ng said south line, over and across said T/E Northpoint Padners Ltd tract adistance of 1,02789 feet to a 5/8 inch iron rod witha plastic cap stamped 'TNP" set for corner in the said west line of Royal Lanei Thence along the corer'non line of sa~d Royal Lane, and said T/E Northpoint Partners, Ltd Tlact, the following courses arid distances Nodh 89045'02` East a distance of 4 00 feet to a point from which a 1/2 inch iron rodfour~d bears North 02"17'12 East, 086feet: South 00"25'58" East, a d~stance of 1 027 88 feet to the place of beginning, and containing 0 065 acres of land, more or less Prepared from a survey~p, erformed ~n the month of Apdl 2004 ~~.~.~ DATE 05/26/2004 9,8 03701 (NAD83) R=g92.00' L=160.48' CA--09' 16°07- CD=160.50' PART 1 1.156 ACRE RIGHT OF WAY DEDICATION R=1008.00' L=52.56' z CA=02'59' ! 5' .... CD=52.55' ~,~ ~ R=$5.00' L=50.98' CA=83'27'24" CD 46 ~,~-$00'25'58'E lgg.go'-~ $OlY25'58'E "~l ~{ 100.93' 0 50 100 200 1.156 ACRES R{OHT OF WAY DirD{CATION Situated in the d. MOORE SURVEY ABS]RACT NO. 968 CITY OF' COPPELL DALLAS COUND(, TEXAS F~ TEAGUE i%'ALL AND PERI{INS SCnLE PART 2 0.065 ACRE RIGHT OF WAY DED CAT ON NOTES: 1 Beodngs ore bosed on the Texas State Plane Coordlnote System, S89'45'22"W 1.50' ' N89'45'02"[ 4.00' ?¥ 0.065 ACRES RIGHT OF WAY DEDICATIOH Situated in the d. MOORE SURVEY ABSTRACT NO. 968 CITY' OF COPPELL DALLAS COUN~(, TEXAS TEAGUE NALL AND PERI(INS SHEM 4 OF 4 JOB NO. CML 00243 EXHiBiT "B" FIELD NOTES Drainage Easement Being a 0009 of an acre tract of land s~tuated in the J Moore Survey, Abstract No 968, DaliasCounty, Texas and belngapadoftheremalnderofT/E NorlhpointPartners, Ltd, as described in deed recorded in Volume 96106, Page 5188, Deed Records of Dallas County, Texas Said 0 009 of an acre tract of land being more partIcularly described by metes and bounds as follows Commencing at the nodheast corner of said ]/E Nodhpoint tract and being the mtersecbon of the south hne of Sandy [ake Road and the west hne of Royal Lane. and then run South 00=25 58'' E along the east hne of said T/E Northpoint tract and the said west line of Royal Lane 100 93 feet to a 5/8 inch iron rod set w~th plastic cap stamped '] NP' for tile place of beginning of the tract being described Thence South 00'25'58"E continumg along the east hneofsa~dT/E Northpoint tract and the said west line of Royal Lane. 3 54 feet Thence South 44°25'39 West. a distance of 13 07 feet; Thence North 45°34'21'' West. a distance of 20 00 feet; Thence North 44~25'39'' East, a distance of 22 65 feet to a curve to the right hawng a radius of 35 00 feet. a central angle of 31°1727, and a long chord bearing South 23035, 06" East 18 88 feet ffhence along said curve an arc length of 19 11 feet to the place of beginning and conta;ning 0009 of an acre of land more or less A Prepared from a survey p_,.C.~led in the nronth of April 2004 9 6 0370 ; (NA08.3). N89'52'08"W 129.94' PLACE Or COMMENCING L:19.11' 0A=31'17'27' N44'25'$9'E N45'54'21 "W ~ 20.0~ 0.009 ACRE r DRAINAGE EASEMENT J 13.07' C8=S2~55'06'E ~~D=18.88' BEGINNING 00'25'58"E 5.54' 0.009 ACRES DRAINAGE EASEMENT Situated in the J. MOORE SURVEY ABSTRACT NO. 968 CIT~ OF COPPELL, DALES COUNt, TEXAS SttEET 2 OF 2 JOB NO CPL 00243 EXHIBIT "B" FIELD NOTES Temporary Construction Easement Beinga0 187 of an acre lract of land situated in the J Moore Survey, Abstract No 968, Dallas County Texas and belngapartoftheremainderofT/ENorthpointPadners, Ltd, as described in deed recorded m Volume 96106 Page 5188, Deed Records of Dallas County. Texas sa~d 0 187 of an acre tract of ]and being mo~e padicularly described by metes and bounds as follows Commencing at the northeast corner of said TIE Northpo~nt tract and being the mtersechon of the south line of Sandy Lake Road and the west line of Royal Lane. and then run South 00025'58, E. along the east Pine of said T/E Nodbpoint tract and tbe said west hne of Royal Lane 100 93 feet to a 5/8 inch ~,on rod set wdb plashc cap stamped "]NP' for the place of beginning of the tract being described Thence South0025'58 E continumgalongtheeastlineofsaid}/ENodhpointtractand the sa~d west line of Royal Lane, 35 36 feet, Thence North47 23'20' West a distance of 67 11 feet; hence South 89 40 20 VVest adrstanceof15280feettothebegmmngofacurvetothe right having a radius of 1,028 00 feet: Thence along said curve through a central angle of 02 59'15", an arc length of 5360 feet to Its end, the long chord of said 53 60 feet arc is North 88°50'10' West 5359 feet; Thence Nodh87°2033 West a distance of 108 71 feet. Thence North 02o39'34` East. a distance of 20 00 feet; Thence South 87°20 33'West a distance of 108 71 feet to the beginning ef a curve to the left having a radius of 1.008 00 feet, Thence along said curve througbacentralangleof02r59'15",anarclengthof52 56 feet toJtsend the long chord ofsa~d 52 56 feet arc is South 88"SO10' East 52 55 feet; Thence North 89 40'20" East, a d~stance of 166 52 feet to the beginning of a curve to the right having a radius of 35 00 feet; Thence along said curve, through a centra angle of 83°2724" an arc length of 50 98 feet and a long chord of South 49 40'05" East 46 59 feet to the place of beginning and contaJmng 0 187 of arq acre of [and. more or less Prepared from a survey performed in the month of Apn12004 DATE 05/28/2004 03706 0 50 ~00 2OO SCAL. F 1" ' NOTES: ~ ~ ~ 20.00' ~ ~ R=1028.00 ~ ~a~ VOL 79085, PC 2,7~ L=53.60' , . z ~ [ [ <~, CA=0~59 1,5 . I '';} CB=N8~50 10 W~ CD=53.59' '~ c> co ~{tt 35.36' PLAC[ OF R=1008.00' L=52.56' CA=OZ'~9' 15" CB=S88'5,0'10"E CD=52.55 0.187 ACRES · TEMPORARY 15'£ CONSTRUCTION ?L~c~ or EASEMENT COMMENCING Srtuated in the J. MOORE SURVEY ABBTRACT NO. 968 CITY OF COPPELL DALLAS COUNTY, TEXAS EXHIBIT "B' FIELD NOTES Temporary Construction Easement Being a0661 of an acre tract of land situated in theJ Moore Survey, Abstract No 968 Dallas County Texas and bern9 a pad of the rema~nder tract of land conveyed to T/E Northpomt Padners, Ltd , as described in deed recorded in Volume 96106, Page 5188, Deed Records of Dallas County I-exas Sa~d 0 661 of an acre tract of land being more parhcurarly described by metes and bounds as follows Commencing at a 5/8 inch ,ton rod found at the ong~nal no~lhwest corner of a tract of land conveyed to Four Seasons Add~bon as descnbed in deed recorded m Volume 91139, Page 2187 Deed Records of Dallas County Texas same being on the south right of waylrne of Sandy Lake Road (a variable w~dth right of way) and also being on the east right of way hne of Royal Lane (a variable w~dth nght of way) frorn which a 1/2 inch ~ron rod found that bears North 89'4417 East 591 00feet: Thence North 89~52'08' West over and across said Royal Lane arong the south right of way line ofsa~d Sandy Lake Road a distance of 129 94 feet for the northeast corner of sard T/E Northpo~nt tract and also being the mtersecbon of the south right of way hne of sa~d Sandy Lake Road and the west right of way line of sa~d Royal Lane; Thence departing smd south right of way hne along said west right of way line, same being the easthneofsa~dT,'ENodhpont act the followmg courses and d~stances South00"2558 East ad~stanceof 100 93 feet for the Place of Beginning, South 00'2558' East a d~stance of 199 90 feet to a point for corner; South 89"45 02" East ad~stanceof 11 00 feet lo a point for corner; Thence South 00°3421 East deparhngsaidwestnghtofwayllne over and across said 7/E Northpolnt tract a d,stance of 1027 89 feet to the north line of a tract of land conveyed to T/E Northpoint Partners Ltd as described ~n deed recorded in Volume 96106 Page 5182 Deed Records of Dallas County Texas Thonce South 89'4322 West along the common hne of said 1/E Northpomt tracts a distance of 25 00 feet to a point for corner Thence departing sa~d common hne over and across sa~d T/E Nodhpomt tract the following courses and d~stances North 00°3421 West, a drstance of 1251 80 feet to the the beginning of a non- tangent curve to thenghthavmgarad~usof35 00feet acentralangeof47"2003', a chord bearing of South 31 3624' East w~th a chord d~stance of 28 01 feet Along sa~d non tangent ctJrve to the right an arc length of 28 91 feet to the Place of Beginning and containing 0 801 of arq acre of rand, more or less ' SO R P L S 4890 03708 0 100 200 ¢00 NOTES: Beorit-gs ore hosed the Texos State Plone Coordinate System, North Central Zone (N,~83) 0.66! ACRE i/ TEMPORARY 1'25'- CONSTRUCTION EASEMENT J+ 25.00' 0.661 ACl~S TEMPO~ CONSTRUCTION EASEME~ Situated in the MOORE SURVEY, ABSTRACT NO, 968 CITY OF COPPELL, DALLAS COUNTY, TEXAS TEAOUE ,~4L~ ,43VD PERNIA'S [ SHE[T 2 OF 2 JOB NO. CPL 00243