Fountain Pk P2/PP-CS 980427._}
"'ff"~ss~S--KA"DLECK &
ASSOCIATES /.,..-:' ,-:' '"' .,~:- , DALLAS. TX 75240
./.,-, -' ,. 972-702-077 I
April 27, 1998 '~ ~ .-.
Mr. Mike Martin
Engineering Department
255 Parkway Blvd.
Coppell, Texas 75019
Re: Right of Way Use Agreement, Fountain Park Phase Two, Coppell, Texas
Project 98003
Dear Mike:
On behalf of the property owner., Matthews Southwest, please accept this letter as a
request for the grant ora Right of Way Use Agreement for the property described on the
attached legal description.
As you are aware, there are numerous trees located along the west right of way line of
Cascade Way and the ground slopes from the trees to the existing back of curb on the
street. In order to place a sidewalk along Cascade Way, it will necessary to cut into the
slope and, without a retaining wall, it would be necessary to regrade the ground and move
the slope to the west, thereby, having to remove ali the trees along the right of way line.
With the use ora retaining wall, within the right of way close to the sidewalk, we will be
able to lea~e the existing slope in place and not disturbed the trees.
It is understood that the Right of Way Use Agreement will be granted to the
homeowner's association to be established and the maintenance responsibility of the wall
will rest with the association, not the City.
It is further understood that the document will be drafted by the city attorney. Once the
document is prepared, Matthews Southwest will be able to review and comment on the
document.
I trust this is all that is needed to start this process. Ifnot, or ifyou have any questions,
please contact me.
Sincerely,
L./yffn~Ka~dleck
Copy: Mr. Iitn House, Matthews Southwest
LEGAL DESCRIPTION
RIGHT OF WAY USE AGREEMENT - FOR RETAINING WALL
WITHIN THE RIGHT OF WAY OF CASCADE WAY
BEING situated in the Patience Piles Survey, Abstract No. 1137, City of Coppell, Dallas County,
Texas, and being the west 11.0 feet of the 60 foot right of way of Cascade Way (a 60 foot right of
way) as dedicated by the map of Fountain Park Addition, an addition to the City of Coppell, Texas
according to the map thereof recorded in Volume 93168,-Page 2582, Deed Records of Dallas County,
Texas, being more particularly described as follows:
BEGINNING at a found '/~ inch iron rod for a corner at the intersection of the west line of Cascade
Way with the south line of Fountain Drive (a 50 foot right of way);
THENCE, N 00°56'33" E, with the west line of Cascade Way, a distance of southwest corner 424.52
feet to a found ½ inch iron rod for a corner at the intersection of the wes't line of Cascade Way with
the north line of Fountain Head Lane (a 50 foot right of way);
THENCE, S 89"08'03" E, with the north line of Fountain Head Lane, a distance of 11.0 feet to a point
for a corner;
THENCE, S 00'56'33" W, parallel with and 11.0 feet east of the west line of Cascade Way, a distance
of 424.50 feet to a point for a corner in the south line of Fountain Drive;
THENCE, N 89'15'30" W, with the south line of Fountain Drive, a distance of 11.00 feet to the Point of
Beginning and Containing 4,670 square feet or 0.1072 acre of land, more or less.
I Waterside Es[al. es, Phase One
/ Vol. B6056, Pg.402, O.R.O.C.T. I I
/ Lot 27 I Lot ~_6 Lof. 25 Lot 24 Lot 23
~ I I Zoned: sF-g I I
Lot 9 1/2'F ~' / I I I I
~ LOT I I Block lC
Lol IO ~ O
~ 25'1 BUILDING LINEi I
N 89'05'27" W r ....
~ LOT 2
~,,, ~ ~ FOUNTAIN HEAD LANE
50' ROW
~ Lot 5 I I Lot 6
Pg 2908. o.~.o.c.~. ~ 232.04' '-, I Zoned: PD-SF 7
~ ~[) I Vol. 93t6B, Pg 25B2. O.R.O.C.T,
~ '~ ~'~ ~'
~ q LOT 5
Lol 2 I Lot 9
Lol 15 ~ I
..... ~' 230.59'
~ ~ LO~ 7
, ,. FOUNTAIN DRIVE
Lot m - 179.86' ~ ~ I~.0
~ LOT 8 d Lot 7 I Lot 6 I tot 5 I Lo~
" Block A
Lot ~7 25' BUILDING LINE
tS' BUILDING LI~E, _ J:l~ UIILITY ~ LANDSCAPE /SIDEWALK LAS[
89'15'30" E ~5' UnUlY · lANDSCAPE/SIDEWALK EASEMENt (See Note) -- .
I~,~2'~/2-s~"'~ N 89'15'30" W 228.76'
O ~ Approximate
Patience Piles S~tvey, Abstract No. flJ7 ~~__~ Su~e~ne'
James ~ori~h Suf~e~ Abstract NO. ~t39 ~
SANDY LAKE ROAD
'/ I Lot 8 I tot 9 Lot Ia t Lot t2 Lot t3 I Lot 14 Lo[ 15 Lol 16 Lot I1 I Lot t6
I I I I I
iWoodridge Section 2,
~I'1 I I"'°~'~ ' I .,o~ ~ ~ I ~°" "°r ~'- '~? ~'~:'~? ,
L ~ 15/4 T dF ~ Y dS[' A 6/~:LL'~[~ T
0 30 60 120