ST9902-ES051130
THE.CiTY.OF
corrELL
8
MEMORANDUM
FROM:
Jennifer Armstrong, Finance Director
Ken Griffin, P.E., Dir. of Engineering/Public Works L!
TO:
DATE:
November 30, 2005
REF:
West Sandy Lake Road / Billingsley property
Right of way acquisition
On April 12, 2005, the City of Coppell entered into a developers agreement with Billingsley 121
Coppell, Ltd. to obtain the necessary right-of-way and drainage easements for the construction
of West Sandy Lake Road and Royal Lane. The agreement was structured in such a way that if
after the complete development of the property, there were still credits remaining for the
property then those would be paid to Billingsley 121 Coppell, Ltd., with the final value of the
right-of-way acquisition of $331 ,380.
Since the approval of the developers agreement, the property has been sold to Dallas County
Community College District. Mr. Billingsley has requested that the City void the developers
agreement and pay for the value of the right-of-way and drainage easement conveyed to the City
in April 2005. The total value of the right-of-way and drainage easement is $331,380.
I obtained a copy of the warranty deed that transferred the land from Billingsley 121 Coppell,
Ltd. to Dallas County Community College District. The warranty deed very clearly states that all
credits associated with the developer agreement, approved by the City of Coppell in April 2005,
stay with the Grantor, i.e. Billingsley 121 Coppell, Ltd., and are specifically not conveyed,
transferred or assigned to Grantee, i.e. Dallas County Community College District.
The City's intent all along was to acquire the right-of-way for a total value of $331,380 from
Billingsley 121 Coppell, Ltd. via cash or roadway impact fee credit. Since the property has sold
and the sell of the property retained all credits to the Grantor, Billingsley 121 Coppell, Ltd.
should be paid the amount of $331 ,380.
This has been discussed with our attorney and the City Manager's office. Thanks for your
assistance and if you have any questions please let me know.
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