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 $12,086.00, which will
be held in the sole name of the City in an interest bearing account
to draw interest at the current rate. No withdrawals shall be made
until such time as the above mentioned improvements are made. After
completion and acceptance of the above mentioned improvements by the
City, the difference between the escrowed funds (original amount
escrowed plus accrued interest) and the actual cost shall be refunded
to the Developer. In the event that actual cost of above mentioned
improvements exceed the escrowed funds (original amount escrowed plus
accrued interest) the Developer will be assessed the difference,
payable within ten (10) days of notice.
THE CITY may issue Building Permits on the aforesaid property without
the requirement of the aforementioned improvements, and upon deposit
of Escrow Funds described herein.
Signed and Executed this the
~ON
Developer
~GE~ &
day of
Mayor
Attest:
Attest:
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~I[ Iiij
CITY OF COPPELL
E$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
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