Loading...
SandyLCrossL3/FP-AG 891212Rev. 4-24-89 AGENDA REQUEST FORM CITY COUNCIL ~EETING Decem~ 1Z, 1989 IT~ ITEM CAPTION: Consideration of an escrow agreement for Exxon Corporation in lieu of their obligation to construct their portion of Sandy lake Road improvements. EVALUATION OF ITEM: STAFF REP.: OTHER REP.: Taryon Bowman, P&Z Com'dinatc~.t ~- DATE: Exxon Cra-potation h~s paid in full $1Z,086.00 as required for future public improvements along their frontage on Sandy Lake Road. Please see agreement for additional inf(wmation. BI. GET AMT.: AMT. ESTIMATED: AMT. +/- BUDGET: CONNENTS: FINANCIAL REVIEW BY: The Fund has been deposited into an escrow account. REVIEWED BY CM: This is to certify that the attached copy of lnctmbe~t Ps-er of Attorney (IPA- 9A-89 ) is · true end reproduced copy of · certified copy of the original executed, attested, sealed, and ackao~ledged Incumbent Paver of Atto~ey ~nstr~ent vhich ~ on file ~ t~ $ecret~u~l Depart~nt of E~a ~any, U.S.A. (a div~si~ of E~ou ~r~ratiou) Bous~on~ Te~s; t~t ~ , C.D. Stevens vas/is the Engineering ~anager of Ex~ou Co~any, U.S.A.; that said Incumbent Yover of Attorney vas/is effect on said date; and that the execution and delivery of vere/are authorized by said Incumbent Ps-er of Attorney. Executed this ~ day of ~~ EXXON COI~POltATION ~/~ (Corporate Seal) THE STATE OF TEXAS COUNTY OF HARRIS S S S BEFORE HE, the undersigned authority, on this day l~ersonally appeared Bruce E. Gunther , known to Be to be the person whose name 'xs subscribed to the foregoing instrument as Assistant Secretary for EXXON CORPORATION., and acknowledqed to me .that he executed the same for': the purposes and consideration therein expressed, in'the capacity therein stated, and as the act and deed of said Corporation. DER KY HAND AND SEAL OF OFFICE, this c~-~ day of , 19~'0. ' .ota,y Publik in and fo=~ Harris County, Texas m ..... ' ' %:. ~,'~ 9 / 9~.,~' ~PA-gA-8g (Revision of ~PA-gA-86) ~¢umben~ Po~er of Attorney KNOW ALL MEN BY THESE PRESENTS: THAT EXXON CORPORATION, a New Jersey Corporation, having an office tn Houston, Texas, acttng by and through Joe T. McMillan, as Senior Vtce President of Exxon Company, U.S.A., a division of Exxon Corporation (hereinafter called 'Company'), and as Vice-President of Exxon Corporation, does hereby nominate, constitute and appoint each incumbent of each of the following positions tn said Company: Marketing Department Business Oevelopeent Manager; Business Analysts Manager; Engineering Manager; Marketing Technical Services Manager; and Plant Managers as Agent and Attorney-tn-Fact of Exxon Corporation for purposes of executing and delivering instruments and documents as more particularly described below, and does hereby grant, delegate and invest each of said incumbents with power and authority to execute and deliver for, in the name and on behalf of Exxon Corporation, and in connection with the bustness and affairs of said Company, instruments and documents of any and every nature, Including, but not by way of limitation, Instruments pledging the credit of Exxon Corporation, bonds of Indemnity, other Indemnities, guaranties, affidavits, permits, licenses, applications for permits of licenses, other governmental ~o~ument~, bids, collective bargaining agreements, othe~ col~t~ac'~, aee~:~s ~f conveyance, encumbrances, leases, releases, discharges of mortgages or deeds of trust, assignments, transfers of leasehold estates and/or other interests in real and/or personal property, and any other instrument or document as may be required or desired in the conduct of the business of said Company, whether similar or dissimilar to the foregoing, EXCEPT the following: 1. Any mortgage, assignment, conveyance or release to any thtrd party of any oil, gas and/or mineral lease or any other interest tn otl, gas and/or other mtnerals which ts severed from the surface and which ts owned by or leased to Exxon Corporation; 2. Any mortgage, assignment, conveyance or release of other real property valued at more than Ftve Hundred Thousand Dollars by any taxing authority; 3. Any Instrument authorizing, permitting or evidencing the borrowing of money from any person or entity; or 4. Any Instrument delegating the power and authority conferred herein to execute and deliver instruments. Each incumbent of each said posttion in said Company may exerctse the power and authority herein granted, delegated and invested, in any particular and appropriate transaction or matter, either as an Attorney-tn-Fact of Exxon Corporation or as an offictal of said Company. Any actton taken as authorized under this Incumbent Power of Attorney shall be an act of Exxon Corporation and binding upon ti. Certificates of incumbency and evidencing authority relating to partic- ular transactions or matters may be issued by the Secretary or any Assistant Secretary of Exxon Corporation and may be relied upon by third parttes dealing with Exxon Corporation or with said Company. Such Certificates s~all cc~t;-f~ t~t~ ~n ~h~ ~tc~ set out th~re~ the individqal named therein was an incumbent of one of said positions in said Company; that the execution and delivery by such person of particular instruments or documents was authorized by this Incumbent Power of Attorney; and that this Incumbent Power of Attorney was in effect at the time of such execution and delivery. -2- This Incumbent Power of Attorney cancels and revokes the Incumbent Power of Attorney (IPA-gA-86) effective September ]7, 1986, and every power and authority therein contained. This Incumbent Power of Attorney, and the cancellation and revocation referred to in the preceding sentence, are effective immediately. APPROVED AND EXECUTED this /~mday of ~'~y , 1989. EXXON CORPORATION (Corporate Seal) Senior Vice Pce'sident of Exxon Company, U.S.A. and Vice-President of Exxon Corporation ATTEST: Assistant Secretary STATE OF TEXAS § COUNTY OF HARRIS § This instrument was acknowledged before me on :a~-~'~- /g , ]989, by Joe T. McMillan, Senior Vice President of Exxon Company, U.S.A. (a division of Exxon Corporation) and Vice-President of Exxon Corporation, a New Jersey corporation, on behalf of said corporation. (Notary Seal) 'Notary Public in and for the State of Texas -3- CITY OF COPPEL~ ESCROW AGRE~ For and in consideration of the mutual covenants and agreements herein contained, the City of Coppell hereinafter called "City" and Exxon Corporation hereinafter called "Developer", do hereby agree as follows, to-wit: WHEREAS, the current City policies (Subdivision Ordinance Appendix A, Section 17) require that in new areas, a Developer install major public improvements where required in or adjacent to said addition. Developer has elected to develop Sandy Lake Crossing,.. Lot 3, Block 1, an Addition in the City of Coppell, Dallas County, Texas (See Exhibit 1, attached). In lieu of the developers obligation to construct their portion of Sandy Lake Road improvements and 60.43 linear feet of frontage still unimproved, the Developer agrees to place in escrow $12,086.00 for the construction of aforesaid major public improvements. This dollar amount being based on the current pro rata charges as provided for in Appendix B of the Sub-Division Ordinance, and is based on a future estimated cost of $200.00 per front foot for Sandy Lake Road. This roadway is classified as a six-lane divided major thoroughfare. The actual amount due to the City will be based on the actual cost when constructed, and the escrow account adjusted accordingly at that time. This escrow will be required in lieu of the construction of a half-street. THEREFORE, the Developer does hereby deposit $12,086.00, which will be held in the sole name of the City in an interest bearing account to draw interest at the current rate. No withdrawals shall be made until such time as the above mentioned improvements are made. After completion and acceptance of the above mentioned improvements by the City, the difference between the escrowed funds (original amount escrowed plus accrued interest) and the actual cost shall be refunded to the Developer. In the event that actual cost of above mentioned improvements exceed the escrowed funds (original amount escrowed plus accrued interest) the Developer will be assessed the difference, payable within ten (10) days of notice. THE CITY may issue Building Permits on the aforesaid property without the requirement of the aforementioned improvements, and upon deposit of Escrow Funds described herein. Signed and Executed this the ~ON Developer ~GE~ & day of Mayor Attest: Attest: '~ m 0 0 llil !l~ ~I[ Iiij CITY OF COPPELL E$CRO~ AGREEMENT For and in consideration of the mutual covenants and agreements herein contained, the City of Coppell hereinafter called "City" and Exxon Co~poration hereinafter called "Developer", do hereby agree as follows, to-wit: WHEREAS, the current City policies (Subdivision Ordinance Appendix A, Section 17) require that in new areas, a Developer install major public improvements where required in or adjacent to said addition. Developer has elected to develop Sandy Lake Crossing,. Lot 3, Block 1, an Addition in the City of Coppell, Dallas County, Texas (See Exhibit 1, attached). In lieu of the developers obligation to construct their portion of Sandy Lake Road improvements .and 60.43 linear feet of frontage still unimproved, the Developer agrees to place in escrow $!2,086.00 for the construction of aforesaid major public improvements. This dollar amount being based on the current pro rata charges as provided for in Appendix B of the Sub-Division Ordinance, and is based on a future estimated cost of $200.00 per front foot for Sandy Lake Road. This roadway is classified as a six-lane divided major thoroughfare. The actual amount due to the City will be based on the actual cost when constructed, and the escrow account adjusted accordingly at that time. This escrow will be required in lieu of the construction of a half-street. THEREFORE, the Developer does hereby deposit $12,08§.00, which will be held in the sole name of the City in an interest bearing account to draw interest at the current rate. No withdrawals shall be made until such time as the above mentioned improvements are made. After completion and acceptance of the above mentioned improvements by the City, the difference between the escrowed funds (original amount escrowed plus accrued interest) and the actual cost shall be refunded to the Developer. In the event that actual cost of above mentioned improvements exceed the escrowed funds (original amount escrowed plus accrued interest) the Developer will be aseessed the difference, payable within ten (10) days of notice. THE CITY may issue Building Permits on the aforesaid property without the requirement of the aforementioned improvements, and upon deposit of Escrow Funds described herein. Signed and Executed this the 19 . day of Developer Mayor Attest: City Secretary 0 ~C avoM dV.L NOJ.NBQ 0 L >. er ~ 0