ST9905-ES080801
ROBERT D. LYBRAND, P.C.
ATTONIEVS Ale COUN8ELOAS
580 S. DENTON TAP ROAD
SUITE 280
COPPElL, TEXAS 75019
972.398.1500
972.304.0072 Fax
ROBERT D. l YBRAND
Board Cetifled - Estate Planning and Probate Law
Texas Bo8rd of legal SpecIalIzation
August 1, 2008
Keith Marvin, P.E.
Project Engineer
City of CappelI
P.O. Box 9478
CoppeD, TX 75019
In Re: Bethel Road I
ST 99-05
Drainage Easement
604 Loch Lane, Coppell, Texas
Dear Keith:
I appreciate your assistance In gathering information regarding the project and its
affect on my clients' property. I have reviewed that information with my clients and
discussed the value of the property taken and the damages to the remainder.
Compensation for E.ement Only
My clients have. reviewed the offer for the easement, and subject to the
conditions set forth in this letter, are agreeable to accepting Forty-five Thousand Nine
Hundred Eight Dolars ($45,908.00) as compensation for an easement on the .527 acre
area described on the Trans Systems Corporation survey dated May 2005 (Measement
area"). The taking of that easement property results In damages to the remainder that
will require additional compensation.
Compenslltlon for D.nages to the Remainder
I appreciate your inquiries Into obtaining an easement to the remainder of the
property. In the absence of a positive response my clients are ready to proceed with
monetary compensation.
August 1, 2008
Page 2
The easement and construction of l1e drainage Improvements as set forth In
Mitigation Plan will effectively isolate the .45 acres south and east of the easement area
from the .826 acre north and west of the eaeement area. As you are aware, my clients'
only access to that .45 acre tract is across the easement area. They will not be able to
cross the easement area after the construction of the drainage Improvements.
My client's would accept a payment of Thirty-nine Thousand Two Hundred Ninety
Dollars and Sixty-two Cents ($39,290.62) as damages to the remainder of the property.
I believe the adverse effect of the drainage Improvements on the .826 acre tract
combined with the complete loss of use of the .45 acre tract support that amount.
Total Compensation
My clients would accept a payments of Eighty-five Thousand One Hundred
Ninety-eight Dollars and SIxty-two Cents ($85,198.62) and full and final payment for
both the property taken and damages to the remainder.
RH8l'Ylltion of Mlnen".
My clients have leased oil and gas and minerals on the entire tract. My clients
would retain the minerai rights including thOse in the easement area. The existing oil
and gas lease specifically provides that theM Is no drilling or completion operations on
the surface of the leased premises. The easement would of course prohibit such
activities in the easement area.
My clients understand the urgency of the matter and are prepared to make an
interim agreement that will allow the City of Cappell to minimize its costs and proceed
without delay.
Again, my clients and I appreciate your cooperation and speedy response with
request for Information. We hope we can complete this matter soon.
Sincerely,
ROBERT D. L VBRANO, P.C.
ROUrk
rIP) [g1 ~~"f;
TEMPORARY EASEMENT FOR ACCESS AND CONSTRUCTION
Date: August 5, 2008
Grantor:
Carolyn S. Skinner and Jim A. Skinner
Granto.... Mailing Addres.:
Carolyn S. Skinner
604 Loch Lane
Coppell, TX 75019-3907
Dallas County
Jim A. Skinner
604 Loch Lane
Cappell, TX 75019-3907
Dallas County
Grantee: City of Cappel I
Grantee'. Mailing Addre..:
City of Cappell
255 Parkway Blvd.
P.O. Box 9478
Copperl, TX 75019-9478
Dallas County, Texas
E_ment Property: .527 acre area described as 15DE, being the dark shaded area on
the Trans Systems Corporation survey dated May 2005, attached hereto and made part
hereof.
easement Purpose: Providing temporary access to the easement area for excavation
and construction of drainage lrt:1provements pending completion of the City's acquisition of
the property by agreement or eminent domain proceeding.
Consideration: The sum of TEN AND NO/100 DOLLARS ($10.00) and other good and
valuable conskleration, the receipt and sufficiency of which are hereby acknowledged by
Grantor.
Reservations from Conveyance: All oU, gas and other minerals and subject to aU
easements, restrictions and matters of recotd, Including that certain Oil and Gas lease
between Grantees and Chief Exploration and Development, LLC dated June 1, 2008.
1
TEMPORARY EASEMENT FOR ACCESS AND CONSTRUCTION
Gl'llnt of Easement: Grantors grant a temporary easement over, on and across the
easement property for the easement purposes set forth above, for the time period as set
forth herein, together with all and singular the rights and appurtenances thereto in any way
belonging (collectively, the -Easement"), to have and to hold the Easement to Grantee and
Grantor's heirs and successors, and assigns.
Terms and Conditions: The following terms and conditions apply to the Easement
granted by this agreement:
1. Duration of Easement. The dLl'ation of this Easement Is until the earlier of
one year from the date of the execution hereof or the acquisition of the Easement as
described herein by the City of Coppell, whether by purchase from Grantees or
condemnation action.
The parties have hereto undertaken negotiations to determine the payment due to
Grantor for the Easement and any damages to the remainder. Although the parties have
been unable to reach an agreement, the parties have agreed that as Grantor is not
chaflenging the right of Grantee to take the pIOperty for the public purposes. Grantee has
agreed to go forward with the acquisition of the property, by agreement with the parties or
by condemnation.
Grantee agrees that if no agreement as to purchase of the Easement and payment
of damages is reached within sixty (60) days of the date of this agreement that Grantee will
institute a condemnation action in County Court of Dallas County, Texas, and will deposit
therein an amount as found by the Commissioners, but in no event less than Forty-five
Thousand Nine Hundred Eight DaHars ($45,908.00), into the registry of the Court those
2
TEMPORARY EASEMENT FOR ACCESS AND CONSTRUCTION
funds will be avaHable to Grantor to withdraw from the Court in accordance with usual
procedures regarding condemnation.
2. Reservation of Rights. Grantor reserves for Grantor and Grantor's heirs,
successors, and assigns the right to continue to use and enjoy the surface of the
Easement Property for all purposes that do not interfere with or interrupt the use or
enjoyment of the Easement by Holder for the Easement Purposes.
3. Improvement and MalntenanC4t of Easement Property. Improvement and
maintenance of the Easement Property will be at the sole expense of Grantee. Grantee
has the right to construct, install, maintain, replace, and remove culverts, drainage
improvements, and similar or related utHities and facilities under or across any portion of
the Easement Property (collectively, the "Drainage Improvements").
4. Binding Effect. This agreement binds and Inures to the benefit ofthe parties
and their respective heirs, successors, and permitted assigns.
5. Choice of Law. This agreement will be construed under the laws of the state
of Texas, without regard to choice-of-Iaw rule. of any jurisdiction. Venue is in the county or
counties in which the Easement Property is located.
6. Counterparls. This agreement may be executed in any number of
counterparts with the same effect as if all signatory parties had signed the same document.
All counterparts will be construed together and wHl constitute one and the same
instrument.
7. Waiver of DefauH. It is not a waiver of or consent to default if the
nondefauiting party fails to declare immediately a default or delays in taking any action.
3
TEMPORARY EASEMENT FOR ACCESS AND CONSTRUCTION
Pursuit of any remedies set forth in this agreement does not preclude pursuit of other
remedies in this agreement or provided by law.
8. Further Assurances. Each signatory party agrees to execute and deliver any
additional documents and Instruments and to perform any additional acts necessary or
appropriate to perform the tenns, provisions, and conditions of this agreement and all
transactions contemplated by this agreement.
9. Recitals. Any recitals in this agreement are represented by the parties to be
accurate, and constitute a part of the substantive agreement.
10. Taking. The parties agree that the date of the taking of the easement and
damages for all eminent domain purposes shall be the date of this agreement.
Carolyn S. Skinner
,
\\P)\W~\f1j
Jim A. Skinner
City of Coppell
4
TEMPORARY EASEMENT FOR ACCESS AND CONSTRUCTION
STATE OF TEXAS )
COUNTY OF DALLAS )
This instrument was acknowledged before me on
by Carolyn S. Skinner.
.2008,
Notery Public. State of TeXas
My commission expires:
STATE OF TEXAS )
COUNTY OF DALLAS )
This Instrument was acknowledged before me on
by Jim A. Skinner.
. 2008.
Notery Public. State of Texas
My commission expires:
STATE OF TEXAS
)
COUNTY OF
)
name is subscribed to the foregoing
CoppeR, a Texas City. as its
consideration therein expressed.
Given under my hand and seal of office this
. on this day personally appeared
. known to me to be the person whose
inttrument and acknowledged to me that
executed the same as the act of City of
. for the purposes and
Before me.
day of
.2008.
Notery Public, State of Texas
My commission expires:
5
TEMPORARY EASEMENT FOR ACCESS AND CONSTRUCTION
AFTER RECORDING RETURN TO:
Robert D. Lybrand
580 S. Denton Tap Road
Suite 280
Coppell. Texas 75019
Tel: (972) 393-1500
Fax: (972) 304-0072
6
TEMPORARY EASEMENT FOR ACCESS AND CONSTRUCTION
ROBERT D. LYBRAND, P.C.
ATTORNEYS AND COUNSELORS
580 S. DENTON TAP ROAD
SUITE 280
COPPEll, TEXAS 75019
972.393.1500
972.304.0072 Fax
ROBERT D. l YBRAND
Board Certified - Estate Planning and Probate law
Texas Board of legal Specialization
July 18, 2008
Keith Marvin, P.E.
Project Engineer
City of Coppell
P.O. Box 9478
Coppell, TX 75019
In Re: Bethel Road I
ST 99-05
Drainage Easement
604 Loch Lane, Coppell, Texas
Dear Mr. Marvin:
I have been retained by Carolyn Skinner in regard to the above captioned
drainage easement requested by the City of Coppell.
Please provide me with information necessary to determine the improvements
that will be constructed on the easement, including material and size of the channel.
I appreciate your help and cooperation.
Sincerely,
ROBERT D. LYBRAND, P.C.
~
Robert.B:'-1.ybrand "
ROUrk
July 15,2008
Ms. Carolyn Skinner
604 Loch Lane
Coppell, Texas 75019-3907
RE: Bethel Road I
ST 99-05
Drainage Easement
Dear Ms. Skinner:
The city of Coppell is currently working on a drainage improvement project in conjunction with the
Bethel Road Project. A portion of this project directly impacts property listed as being owned by
Jim A., and Carolyn S. Skinner. In reviewing our files it appears that we have never acquired the
necessary easement rights to complete this project.
I am enclosing the easement documents for your review. I believe you discussed this easement
with Suzan Taylor some time ago. Unfortunately Suzan is no longer with the city and it appears
that I dropped the ball on this easement in her absence.
Easements are typically purchased at one half the appraised value of the land due to the fact you
would retain ownership. In this case however the nature of this project is such that this area will
not be useable for anything else. According to the Dallas Central Appraisal District, this land is
valued at $2.00 per square foot, and we are offering to acuire the easment at full value.
With this letter we are offering $45,908. for acquisition of this easement.
As this project is underway, I ask that you contact me at your earliest convinince to discuss this
matter.
Sincerely,
SS'1V~
)
Keith Marvin, P .E.
Project Engineer
Direct: 972-304-3681
Fax: 972-304-3570
E-mail: kmarvin@ci.coppell.tx.us
Enclosures
Page 1 of3
EXHIBIT "A"
DRAINAGE EASEMENT
JIM A. SKINNER AND SPOUSE, CAROLYN S. SKINNER
Being 0.527 acre tract ofland, more or less. situated in County of Dallas, State ofTcxas,
and beiq out of the John Vest Survey, Abstract No. 1508, 8Dd being a portion of that
certain called 1.750 acre tr8ct ofland conveyed by MICHAEL S. CHASE AND
SPOUSE, GRACIELA P. CHASE to JIM A. SKINNER AND SPOUSE, CAROLYN S.
S:KlNNBR, by deed recorded in Volwne 2003173, Page 16316, oCtile Deed Records of
Dallas County, Texas (D.R. T.C.T.), which 0.527 acre tract oflaod, more or less, is more
particularly described as follows:
BEGINNING at a. Y.. inch iron rod found for the most easterly Nortbcast comer of said
1.75Q acre tract and the Northwest corner of a tract of land conveyed to CHADICK
CAPITAL, L.P. by deed recorded in Volume 99114, Page 08140, D.R.T.C.T., said Y..
inch iron being in a South line of a tract of land conveyed to R.L. Robertson, L.L.C. by
deed recorded in Volume 98J70, Page 05864;
THENCE, South 000 02' 33" East, along the common But line of said 1.750 ICR: tract
and the West line of said CHADICK CAPITAL, L.P. tract, a distance of 171.39 feet to a
5/8 inch iron rod with plastic cap st.nped "Trusystems Corporation" set for the most
northerly Southeast comer of herein described Drainage Easement, ftom which a Yz inch
iron rod found on said common line bears South 00'" 02' 33" East, a distance of 83.60
feet;
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THENCE, North 720 10' 22" West, departing said conui1on line IIld across said 1.750 acre
tract, a distaDce of 29. 75 feet to a 5/8 inch iron lOCi with plastic cap stamped "Transystems
Corpomtion.. set for comer on the South line ofherein delcribed Drainage Euement on the
~1B'In.c of a curve to the loft bavin& a radius of 105.00 feet and a long chord bearing and
distIDce of South 59" 31' 34" West, 156.80 feet;
THBNCE, in a Southwesterly direction, continuing across said 1.750 acre tract and along
.said curYe to the loft, throupa central angle of96. 36' 26", an arc distaDce ofl77.04
feet to a 518 inch iron rod with plastic cap It8mpcd "Tramystoms Corporation" set for
comer on the Southeast line ofherein described Drainage EasClllDeDt and end of curve;
THENCE, South 110 13' 05" West, continuing ICI'OSS said 1.750 acre tract, a distance of
65.81 feet to a 518 inch iron rod with plastic clp stamped -eyransystems Corporation" set
for the most lOUthe.rly Southout comer of heroia described DniDage Euement in the
CC)I'IIoIllQll South line of said 1.750 ICI'e tract and the North line of a tract of land Conveyed
to CHADICK CAPITAL, LP. by deed recordocI in Volume 99114, Page 08104,
D.R.T.C.T., from which a ~ inch pipe found for the Northoastcomerofsaid CHADICK
CAPITAL. L.P. tract boars S 8~ 53' 03" E, a diJtance of 82.80 feet;
. & ~ ... .
Page 2 of3
lHENCE. North 8~ 53' 03" West, alODl the common said South line of said 1.750 acre
tract aod the North line of said CHADICK CAPITAL, L.P. tract, . cIistauce of 61.14 feet
to 5/8 inch iron rod with plastic cap stamped '7raosystems CorporItiOll" set for the
Southwest comer of herein described Draina8e Eaaemcnt.and the reconstructed Southern
IDOlIt Southwest comer of said 1.750 acre tract and being in the East line of a tract of land
blown as Tract n conveyed to Srena Melton Petitt by deed recorded in Volume 98069,
Page 01628, D.R.T.C.T.,
THENCE, North 11-13' OS" East, along a COIIUIlOn Westerly line of said 1.150 acre tract
and East line of said Petitt tract, a distance of77.64 feet to a 5/8 inch iron rod with plastic
C8p ItampoclltTraus}'ltcms Corporation" set for comer on the West line ofherein
described Drainage Euement and the begjnnina of a curve to the right having a radius of
165.00 feet and II long chord bearing and distaace of North 5?- 29' 21" West, 238.47 feet;
THENCE, in a Northeasterly ~ departiag said common line, across said 1.150
acre tract and along said curve to the right, through a ccn1ral angle of 92<<' 32' 45", an arc
dilIt8nce of266.51 feet to a 518 inch iron rod with plutic cap stamped ''Transystems
Corporation" set on end of curve of herein described Drainage .Basement;
THENCE, North 1(,0 42' 23" West, continuing across said 1.750 acre tract, a distance of
106.73 feet to 5/8 inch iron rod with plastic cap stamped ''Tranaystems Corporation" set
:tOr tile Northwest comer ofbarein described DraiDase Easement on the common North
Iineofsaid 1.750 acrctract and the South line ofsaidR.L. Robertson, LL.C. tract, from
which a % inch iron rod fOUDd for a common corner of said 1.750 acre tTact and said R.L.
Robertson, L.L.C. tract bears N 89D 44' 03" W, a distance of 40.50 feet;
THBNCE, South 89D 44'.03" East, along said ccxnmon North line of said .1.750. acre tract
and the South line of said RL Robertson, L.L.C. tract, a distance of 5 1.77 feet to the
POINT OF BEGINNING and eoptJUnil\g 22,954 square feet or 0.527 aCre of land.
NOTE:
Plat to accompany lepl description.
II
j aJRVE JJ
DELr~ ~ ~ If!! (RTJ
It- 165.00'
r. nt.5O'
· L' 266.51'
f CHORD- N sr 29' 2f' E
CH. DlST..2J8.41'
CURVE Jt
S".. ~ ,.11I DEaA- 9G:J6' 2/NLTJ
26 60 16 R- 105.00'
r. tn..
L. rrr.04'
CHORI> 5 59" 3f :u- W
CH. DlST.'56.~
R.L. ROBERTSON. L.L.C.
VOL. 98flO. PG. 05864
D.R.D.C. T.
JOHN VEST SURVEY. A-I508
Jill A. SKINNER AND
SPCXJSE. CNIIOIYN S. SKINNER
VOL. 2OOJ" 3. PG. 163/6
D.R.D.C. T.
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SRENA MELTON PErm-
VOL. 9fDi9. PG. 0I62t1
TRJCT I
D.R.D.C. T.
@DE
Jill A. SKINNER AND
SPOUSE. CAROLYN S. SKINNER
DRAlNJGE EASEIIENT
0.527 ~RE
22.954 SOOARE FEET
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SRENA MELTON PETITT
VOL. 98069. PG. 01628
TR/1CT 1/
D.R.D.C. T.
5 B!15J' OJ' E
62 .tJt1
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PIPE
CHNJlCK CAP/TN.. LoP.
VOl.. 99114, PG. 08//1
D.R.D.C. T.
CHNJlCK CAPIT N.. L. P.
VOL. 99114. PG. 08104
D.R.D.C. T.
CHNJlCK CN'ITAL, L.P.
VOL. 99/14. PG. 08133
D.R.D.C. T.
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1701 North Market SL Ste. 500,LB 51 S:
Dallas, Texas 75202.2001
1214)217-2200
City of Coppell
Tributary G-1
FILE
DATE
1
SCALE
Zone A Floodplain
DESIGNED
DRAFTED
Des