Stoneleigh 1P/FP-AG 980127he Ci~ WiU'I ^ B~utiful Future
CITY COUNCIL MEETING:
ITEM CAPTION:
AGENDA REQUEST FORM
January 27, 1998
Consideration of approving Developers Agreement between RPG Estates, Ltd. and the City of
Coppell for the construction of Fairway Drive and authorizing the City Manager to sign.
SWI~IIT~IgD BY: ~Keniieth M. Griffin, P~P.~..~,'
TIT?.~: / Directo~g & Public Works
STAFF RE~ Approval X
STAFF CO~ENTS:
Denial
This item is needed to complete the Fairway Drive extension from Riverchase to Belt Line Road. The
City has previously entered into agreements with DART concerning the crossing. This agreement outlines
the developers responsibility for the construction of Fairway Drive and the associated timetable.
Paragraph 3 of the agreement specifies that a 100% credit against the roadway impact fees will be
provided to RPG Estates, Ltd. The Riverchase development already has an 89.02% offset against required
roadway impact fees due to the development of Riverchase Drive and a portion of MacArthur Blvd.
Therefore, the total value of the roadway impact fee credit from the City to RPG Estates, Ltd. is estimated
at approximately $35,000.
In essence, the City is getting right-of-way dedicated and a roadway built from the DART railroad line
north to Riverchase Drive and the only cost to the City for that section is the offsetting of the roadway
impact fees in an estimated value of $35,000. The City still has to construct the crossing and the
signalization from the DART rail line south to Belt Line Road. The agreement also specifically states that
no Certificates of Occupancy for the multi-family uses will be provided until the roadway is constructed.
This is a critical issue with several of the residents in the Riverchase area.
To continue to proceed with the construction of Fairway Drive, staff recommends approval of the
Developers Agreement between RPG Estates, Ltd. and the City of Coppell and authorizing the City
Manager to sign. Staff will be available to answer questions at the Council meeting.
BUDGET AMT. $
FINANCIAL CO~ENTS:
DIR. INITIALS:
Agezad& ll. mqu4,ll; Z*'orm - Rmv:La*md
AMT. EST.
FIN. REVIEW:
CITY M/~AGER REVI
DEVELOPERS AGREEMENT FOR
FAIRWAY DRIVE
03/05/98 M3763
This agreement is made this l'~%ay of pef..~ ~-/' , 1997, by and between RPG
Estates, Ltd., hereinafter referred to as "OWNER", and the City of Coppell, Texas, hereinafter
referred to as "CITY'.
WITNESSETH:
WHEREAS, OWNER is the owner of a tract of land situated in Dallas County, Texas, being
zoned for multifamily uses, hereinafter the "PROPERTY', more specifically described in ~;
and
WHEREAS, there has been proposed a public roadway to be constructed adjoining the
PROPERTY, said roadway being named Fairway Drive, hereinafter the "ROADWAY"; and
WHEREAS, CITY owns the property upon which Fairway Drive is to be constructed, said
property being more particularly described in ~; and
WHEREAS, OWNER and CITY desire to enter into an agreement concerning the
construction of Fairway Drive in the event the PROPERTY is developed with multifamily uses; and
NOW, THEREFORE, for and in consideration of the mutual covenants and benefits
contained herein, the sufficiency of which is hereby acknowledged by the execution below, OWNER
and CITY agree as follows:
1. CONDITION PRECEDENT: This Agreement is specifically conditioned upon the CITY
obtaining an easement for the crossing of Fairway Ddve over railroad tracks owned and/or
controlled by Dallas Area Rapid Transit. The CITY'S obligation to obtain this easement shall be a
condition precedent to the obligations contemplated by this Agreement. In the event that said
easement is not obtained by December 31, 1997, this Agreement shall be rendered null and void,
and no party shall maintain any obligation, right, or privilege pursuant to this Agreement.
2. QWNER'S OBLIGATIONS: OWNER agrees to pay all costs associated with the design and
construction of the ROADWAY, except as otherwise provided in Paragraph 3 below, and must
construct, or cause to be constructed the ROADWAY in the location identified in ~ at its
sole cost and expense, except as otherwise provided in Paragraph 3 below, as a standard four-lane
undivided (37 feet back of curb to back of curb) thoroughfare, per CITY standards, from Riverchase
Drive to that location where the ROADWAY abuts the northern boundary of the Dallas Area Rapid
Transit right-of -way. OWNER'S obligation to construct the ROADWAY, or cause the ROADWAY
to be constructed, will only be triggered in the event the OWNER constructs a multifamily
development on the PROPERTY. The ROADWAY must be constructed the later of the following:
(i) prior to the issuance of a certificate of occupancy for multifamily uses on the PROPERTY, or (ii)
ninety (90) days after the CITY provides written notice to OWNER that the CITY has secured the
easement required in Paragraph I above.
DEVELOPERS AGREEMENT FOR FAIRWAY DRIVE - Page 1
980L q. 0552?-
3. CITY'S OBLIGATIONS: In addition to obtaining the easement as required in Paragraph 1
above, CITY agrees to provide to OWNER a credit against roadway impact fees in an amount equal
to 100% of the impact fees due by OWNER in the development of the PROPERTY and the adjacent
approximate 20 acre tract of land more fully described in ~ which is attached hereto for all
purposes.
4. The provisions of this Agreement are hereby declared covenants running with the
PROPERTY and are fully binding on all successors, heirs and assigns of OWNER who acquire any
right, title or interest in or to the PROPERTY, or any part thereof. Any person who acquires any
dght, title or interest in or to the PROPERTY, or any part thereof, thereby agrees and covenants to
abide by and fully perform the provisions of this Agreement. The Agreement will be recorded in the
Real Property Records of Dallas County, Texas, by CITY. The release of this Agreement will be
furnished, in recordable form, to OWNER by CITY upon its satisfactory completion of construction
of the portion of Fairway Drive, hereby described, and its acceptance by the CITY.
5. If any article, paragraph, section, sentence, clause or phrase of this Agreement shall be or
become illegal, null or void for any reason or shall be held by any Court of competent jurisdiction to
be illegal, null or void, the remaining articles, paragraphs, sections, sentences, clauses or phrases
shall continue in full force and effect and shall not be effected thereby. It is hereby declared that
said remaining articles, paragraphs, sections, sentences, clauses or phrases would have been and
are imposed irrespective of the fact that anyone or more of the same shall become or be illegal, null,
or void.
6. This Agreement and the rights of the parties herein shall be governed by laws of the State
of Texas. Venue for any action shall be in Dallas County, Texas.
7. This Agreement may be assigned by OWNER without prior written consent by CITY.
OWNER:
RPG ESTATES, LTD., a Texas limited partnership
By: RPG/Coppell, Inc.. a Texas corporation
Its: Ge~Pa~t;;r f
pBrYi~
Title:
DEVELOPERS AGREEMENT FOR FAIRWAY DRIVE - Page 2
980 O5523
~ Manage~
City~f Col;~Sell
255 P~ay Blvd.
THE STATE OF TEXAS §
COUNTY OF DALLAS §
_acknowledged before me b~~~~l~~e
of RPG/Coppell, Inc., ner of R Ltd.,
the~Ge~, ral ~ P ~.-.-.-.-.-.-.-.-.-~ E s t a t e s, a
corpora~
Texas limited partnership, for and on behalf of said ~on.
.. AND SWORN TO BEFORE ME, this day
of
,1997 to certify which witness my hand and official seal.
DEVELOPERS AGREEMENT FOR FAIRWAY DRIVE - Page 3
0552L
Approved by action of the City Council, City of Coppell, on January 27s 1998
By: /
City
Citl~ f Coppell
255//Parlnmy Blvd.
P.~. Box 478
Coppell, ~X 75019
Date: 1/27/98
980t t 05525
THE STATE OF TEXAS §
COUNTY OF DALLAS §
This signature was acknowledged before me by ~'/'~-~ ~.~/-/-7/ ,. City
Manager for the City of Coppell, Texas, a home-ruled municipality, for and on behalf of the City of
Coppell, Texas.
_..~SUBSCRIBED AND SWORN TO BEFORE ME, this c~'?'/,~ day of
witness
certify which hand and official seal.
.._J~,2~ w~,,-,Y ,19~-77~.to my
Notary Public, State of Texas
DEVELOPERS AGREEMENT FOR FAIRWAY DRIVE - Page 4
05526
EXHIBIT "A"
Property Description
Being a tract of land situated in the Singleton Thompson Survey, Abstract No. 1493 City of Cbppell,
Dallas County, Texas, and being a part of that certain tract of land conveyed to Terra Corporate
Joint Venture according to deed recorded in Volume 85072, Page 4454, Deed Record of Dallas
County, Texas (DRDCT), and being more particularly described as follows:
COMMENCING at an "X~ cut in brick paver found at the intersection of the South line of Riverchase
Drive (60 ft. right-of-way) and the East line of MacArthur Boulevard (110 ft. right-of-way);
THENCE, S 62° 52' 00" E, along said South line for a distance of 20.12 feet to a %" iron rod found
for corner and for the beginning of a circular curve to the left;
THENCE, continuing along said South line with said circular curve to the left having a central angle
of 14° 48' 58", a radius of 2130.00 feet to a tangent length of 276.94 feet and a chord of S 70° 16'
28" E, 549.26 feet for an arc length of 550.80 feet to the PLACE OF BEGINNING an %" iron road
found for corner;
THENCE, continuing along said south line with said circular curve to the left having a central angle
of 22° 13' 11", a radius of 2130.00 feet, with a chord beadng orS 88° 48' 33" E, an arc distance of
826.03 feet to an iron rod found for corner;
THENCE, N 80° 04' 51" E, along said South line of Riverchase Drive, a distance of 780.26 feet to
a point for corner;
THENCE, S 03° 38' 42" W, leaving said South line of Riverchase Drive, a distance of 727.83 feet
to a point for corner on the North line of St. Louis & Southwestern Railroad (a 100' ROW);
THENCE, N 86° 21' 12" W, along said North line of St. Louis & Southwestern Railroad a distance
of 1579.00 feet to a point for corner;
THENCE, N 03° 38' 42" E, leaving said North line of St. Louis & Southwestern Railroad a distance
of 509.25 feet to the PLACE OF BEGINNING and containing 892.980 square feet of 20.500 acres
of land.
980 t 05527
EXHIBIT "B"
Fairway Drive
Fairway Drive dedicated to the City of Coppell by Plat.
Volume 88156, page 2071.
980t~t~ 0557-8
EXHIBIT "C"
Property Description
Tract A
BEING a tract of land situated in the Singleton Thompson Survey, Abstract No. 1493, and the
Weston Perry Survey, Abstract No. 1152, in the City of Coppell, Dallas County, Texas, and being
a part of that certain tract conveyed to Terra Corporate Joint Venture as recorded in Volume 85072,
Page 4454, Deed Records, Dallas County, Texas, and being more particularly described as follows:
BEGINNING at a % inch iron rod found at the intersection of the west line of Fairway Ddve (a 60'
R.O.W) with the south line of Riverchase Drive (a 60' R.O.W.);
THENCE, S 57° 02' 28" E, departing said south line of Riverchase Ddve and along said west line
of Fairway Drive a distance of 21.98 feet to % inch iron rod found for corner;
THENCE, S 14° 09' 47' E, along said west line of Fairway Ddve a distance of 339.14 feet to a %
inch iron rod found at the beginning of a tangent curve to the dght having a central angle of 17, 48'
30", a radius of 480 feet, a tangent of 75.20 feet, and a chord that beam S 05° 15' 33" W - 148.59
feet;
THENCE, along said curve to the right a district of 149.19 feet to a % inch iron rod found for comer;
THENCE, S
inch iron rod
right-of-way
03° 38' 42" W, continuing along said Fairway Drive a distance of 337.38 feet to a %
found for comer, said % inch iron rod being situated in the Dallas Area Rapid Transit
(a 100' R.O.W.);
THENCE, N 86° 21' 18" W, departing said Fairway Ddve and along said Dallas Area Rapid Transit
right-of-way a distance of 518.94 feet to a % inch iron rod found for corner;,
THENCE, N 03° 38' 42" E, departing said Dallas Area Rapid Transit right-of-way a distance of
727.82 feet to a ½ inch iron rod found for corner, said % inch iron being situated in the
aforementioned south line of Riverchase Drive;
THENCE, N 80° 04' 51" E, along said south line of Riverchase Drive a distance of 383.75 feet to
the POINT OF BEGINNING and containing 8.7434 Acres, (380,861 S.F.).
980L 05529
EXHIBIT"C"
Property Description
TFact B
BEING a tract of land situated in the WestoO, Pen~yS~ Abstract No. 1152, and the Singleton
Thompson Survey, Abstract No. 1493, in the City ot~ 'Cb~,,l~,ll~Dallas County, Texas, and being a part
of that certain tract conveyed to Terra Corpotbte"rJ~intl~i~tl~re as recorded in Volume 85072, Page
4454, Deed Records of Dallas County, Texas, and being more particularly described as follows:
BEGINNING at a %" iron rod found at the intersection of the east line of Fairway Ddve (60' right-of-
way) with the south line of Riverchase Drive (60' right-of-way), said % inch iron rod being the
beginning of a curve to the left with a central angle of 36° 04' 47", a radius of 540.00 feet, a tangent
of 175.57 feet and a chord that bears N 56° 12' 19" E - 334.45 feet;
THENCE, along said curve to the left a distance of 340.04 feet to a % inch iron rod found for comer;,
THENCE, S 57° 37' 08" E, departing said south line of Riverchase Ddve and along a west line of
said Golf Enterprises tract, for a distance of 318.38 feet to a %" iron rod found for comer;
THENCE S 01 ° 07' 08" E, continuing along said west line, for a distance of 895.00 feet to a.~ iron
rod found for corner on the north line of the Dallas Area Rapid Transit right-of-way (100' right-of-
way);
THENCE N 86° 21' 18" W, along said north line, for a distance of 500.00 feet to a %" iron rod found
for comer, said iron rod being the intersection of said north line with the east line of said Fairway
Drive; ,'.
THENCE N 03° 38' 42" E, along said east line, for a distance of 337.38 feet to a %" iron rod ~ound
for the beginning of a curve to the left having a central angle of 17° 47' 30", a radius of 540.00 feet,
a tangent of 84.60 feet, and a chord that bears N 05° 15' 33" E - 167.16 feet;
THENCE along said curve to the left a distance of 167.84 feet to a % inch iron rod found for comer;
THENCE N 14° 09' 47" W, continuing along said east line, for a distance of 336.17 feet to a %" rod
found for corner;
THENCE N 30° 26' 17" E, continuing along said east line, for a distance of 21.36 feet to the POINT
OF BEGINNING and containing 10.9358 acres (476,365 square feet) of land, more or less.
p:\REAL~2723\14\LEGAL.WPD
2 kjg 12J22/97
980 k 0553O
980~ 05531