ST0301-ES080825
FARRIS AUSTIN MUNDHEIM PLLC
A TIORNEYS AND COUNSELORS
Telephone (469) 549-1828
Facsimile (972) 692-7583
99 Trophy Club Drive
Trophy Club, Texas 76262
August 25, 2008
Via Regular Mail
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City of Coppell
255 Parkway
Coppell, TX 75019
Attention: Keith R. Marvin, P .E.
Kenneth M. Griffin, P .E.
I
Re: Acquisition of Right-of- Way from Jalal Khorrami on properties located at 449 Bethel Road
and 701 S. Coppell Road, Coppell, TX 75019 as described on Exhibit A and depicted on
Exhibit B attached hereto (the "ROW")
Gentlemen:
As you recall from our meeting several weeks ago, this firm represents Mr. Khorram~. In Mr.
Griffin's letter to Mr. Khorrami dated July 9, 2007, the City offered Mr. Khorrami $7,405.00 as
compensation for the ROW. This letter is in response to the City's July 9, 2007 letter.
Mr. Khorrami and I have spent a significant amount of time discussing the issues involved
and thoughtfully considered this response to the City in an effort to amicably reach an agreement
with the City soon. Mr. Khorrami has been a business owner in the City for a long time and has
made numerous positive contributions to the City and its residents, including his newest restaurant
on Denton Tap Road. While Mr. Khorrami wants the City to continue to support positive
developments that are beneficial to the City and its residents, as a small business owner Mr.
Khorrami is extremely concerned that the acquisition and construction of the ROW will severely hurt
his business.
Please understand that the acquisition and construction of the ROW negatively affects Mr.
Khorrami's business in several ways which the City should take into consideration. First, the
acquisition of the ROW will permanently eliminate certain parking spaces currently being used by
customers of Mr. Khorrami, which reduces the number of customers that can eat at his restaurant.
Second, during construction of the ROW there will be a substantial and material denial of vehicular
access to his restaurant which will also reduce the number of patrons that can eat at his restaurant.
Finally, pedestrian access to the front door of his restaurant will not only be somewhat dangerous
during construction but also very limited which also reduces the number of patrons that will desire to
eat at his restaurant during construction. In fact, it is highly likely that Mr. Khorrami will have to
close down the restaurant during the construction of the ROW due to lack of access to the front door.
Letter to Keith R. Marvin and Kenneth M. Griffin, P.E.
August 25, 2008
Page 12
Mr. Khorrami is willing to grant to the City the ROW on the following terms:
1. The City must replace, at the City's expense, Mr. Khorrami's gravel parking lot
located at 701 Coppell Road with a concrete parking lot and driveway off of Coppell
Road into such parking lot to match the materials and aesthetics of the new ROW.
The new parking lot must allow for a maximum number of parking spaces as
approved by Mr. Khorrami. The City shall line the parking lot.
2. In our meeting you requested that Mr. Khorrami determine the amount of money his
restaurant will lose during construction of the ROW. Accordingly, Mr. Khorrami
requests that the City pay him $7,405.00 upon execution of an agreement and ROW
documents plus $10,000 a month ("Additional Consideration") payable to Mr.
Khorrami on the last day of each month that the ROW is under construction and
while that portion ("Closed Portion of Bethal") of Bethal Road is closed at the
intersection of North Coppell Road and Bethal Road whereby vehicular traffic
travelling east from Freeport Parkway on Bethal cannot access the restaurant from
Bethal Road. The Additional Consideration would be prorated on a per diem basis
for the month of completion so that only such Additional Consideration is paid for
the days of construction and the Closed Portion ofBethal is not open. The City shall,
at the City's expense, be responsible for the relocation of any and all utilities that
serve Mr. Khorrami's property.
3. The City shall provide parking spaces exclusively for his restaurant on the west side
of the restaurant equal to the number of the parking spaces lost as a result of the
ROW, which parking area shall be improved by the City, at the City's expense, with
concrete and similar materials to match the materials and aesthetics of the new ROW.
4. The City shall construct the ROW during the months of June, July and August and
shall complete construction of the ROW on or before September 1 of the year
construction is commenced whereby the Closed Portion of Bethal is only closed for a
maximum of 3 months and shall be reopened by September 1.
We look forward to hearing from you soon to discuss any of your questions or comments.
Very truly yours,
cc: Jalal Khorrami (Via Regular Mail)
FARRIS AUSTIN MUNDHEIM, PLLC
By: ~d
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EXHIBIT "A"
LEGAL DESCRIPTION
PERMANENT RIGHT-OF-WAY
BEING 0.034 acre of land located in the JAMES A. SIMMONS SURVEY, Abstract
No. 1296, Coppell, Dallas County, Texas, and crossing the Tracts of land
conveyed to Jalal Khorami by the deeds recorded in Volume 95082, Page
259, and Volume 95082, Page 267 of the Deed Records of Dallas County,
Texas. Said 0.034 acre being more particularly described by metes and
bounds, as follows:
BEGINNING at a point at the Northeast corner of said Khorami Tract, being
the intersection of the existing South right-of-way line of Bethel
Road, with the West right-of-way line of Coppell Road;
THENCE S 000 59' 19" E 21.03 feet, along the West right-of-way
line of said Coppell Road, to a 1/2" iron rod set, in the new South
right-of-way line of aforesaid Bethel Road;
THENCE along the new South right-of-way line of said.Bethel Road, as
follows: ...-
1. N 450 58' 10" W 14.15 feet, to a 1/211 iron rod set;
2. S 890 03' DO" W 75.99 feet, to a 1/211 iron rod set;
3. N 000 59' 1911 W 5.00 feet., to a 1/211 iron rod set;
4. S 890 03' 00" W 59.00 feet, to a 1/2" iron rod set, in the
West boundary line of said Khorami Tract;
THENCE N 000 59' 1911 W 7.78 feet, along the West boundary line
of said Khorami Tract, to a point at the Northwest corner of said
Khorami Tract, lying in the existing South right-of-way line of
aforesaid Bethel Road;
THENCE N 890 44 I 28" E 145.00 feet, along the existing South
right-of-way line of said Bethel Road, to THE PLACE OF BEGINNING,
containing 0.034 acre (1,481 square feet) of land.
FNBETHEL ROW NO. 18
EXHIBIT "B"
~BRmAIN &CtuWFORD
lAND ~ ..
TClfIOGl .\PI1e IW'f'ING
lal71 _II - 1II!11tO lal71 Cft-elll
fM No. ('17) 12&-<<347
".0. .CD( 11:174 . MOl ecarTH FREEWAY
'IIIT MWlll. TtllM 7&110
DMIJ .....4......nw. ..4_-,'~
PBRMANENT RIGHT-OF-WAY
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BETHEL ROAD
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EXISTING RfGH.I:-OF AY UN
N 00059.19''W
7.78'
1/2" IRON ROO SET-
CrTY OF COPPEU.
N 89044'28"E 145.00'
PEmMNENT RIGHT-Of WAY, 0.034 N:IRf. / 1.481 sa.FT.
"S 89003.00"W
I" S 89003'OO"W
59.00' 1 2" IRON 75.99'
N 00059'19''W SETJALAL KHORAMI
5.00' VOL95082
PG.267
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SURVEYED ON THE GROUND
JUNE 14. 2004
SCALE 1 "= 40'
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/2" IRON RODS SET
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(DOC) \SU\coPPELL \ROW-DOCS\ROW-1 B\