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Item 7BGcrr^v r©F Fwd: Agenda Item No. 15 --- Planning & Zoning Meeting --- January 3, 2013 Ken Baker <kbaker@ci.southlake.tx.us> Thu, Jan 3, 2013 at 2:13 PM To: Holly Blake <hblake@ci.southlake.tx.us>, Caroline Eckel <ceckel@ci.southlake.tx.us> Forwarded message From: Christy Hammons Date: Thu, Jan 3, 2013 at 2:01 PM Subject: Agenda Item No. 15 — Planning & Zoning Meeting — January 3, 2013 To: "kbaker@ci.southlake.tx.us" <kbaker@ci.southlake.tx.us> Ken: Please submit this email to Planning & Zoning as our adamant objection to the change to the thoroughfare plan that would clip the southeast comer of our property. We oppose any alignment that would leave us with an unusable piece of land, which this would. Also, please present the attached agreement between Kimball 1709, Greenway & CISD. Please note Exhibit E, which states that after participating in the offsite drainage (with CISD), we could tie into the CISD road located to the north of the school. This document should remain on record until all three parties agree to abandon or change the document. We are continuing to talk to CISD regarding this. Christy Hammons Vice President Greenway Investment Company 2808 Fairmount, Suite 100 Dallas, Texas 75201 CARROLL INDEPENDENT SCHOOL DISTRICT 1201 N. CARROLL AVENUE o SOUTHLAKE, TEXAS 76092 • (817) 481-5775 Ted Gillum, Ed_ D. Superintendent John H. Craft Assistant Superintendent for Financial and Business Operations Bob Windham Assistant Superintendent for Curriculum and Instruction Steve Johnson Assistant Superintendent for Administrative Services CISD: Letter of Agreement for Offsite Drainage at New Intermediate and Middle Schools on Kimball Ave. Storm Water Management for CISD School Site, Greenway -1709 / Eleven Partners, LP, Kimball / 1709 Co -Tenancy CISD, Greenway -17091 Eleven Partners, LP, (Tommy Pigg), Kimball 11709 Co - Tenancy Jerry Quicksall), agrees to design, construct and implement a storm drainage management system providing storm water drainage from the Northwest comer of CISD Merin 4 �� reSvaas K"Y 1701 CV-TenanW Middlelintermediate School property across a drainage easement down the west property line of Greenway -1709 / Eleven Partners, LP to 1709. The system shall be designed to handle the one hundred year flood runoffs of these properties, properties to the east as well as the runoff from Woodland Heights. The system shall not be designed to handle additional runoffs from properties west of Greenway -1709 / Eleven Partners, LP. Any future development or construction to the east or the west of the participating properties that takes advantage of the system within five years of completion will owe pro-rata costs to the participants of this agreement. (Per City of Southlake Ordinance) CISD, Greenway -1709 / Eleven Partners, LP and Kimball 11709 Co -Tenancy are responsible for a percentage of the drainage contributed, by their property, to the system. CISD: $182,845, Greenway - 1709 1 Eleven Partners, LP: $89,688, Kimball 11709 Co - Tenancy: $67,653. The total cost of Construction and Engineering is $330,111. Refer to Attachment "C". CISD issued the design documents as a separate competitive sealed proposal to the public. Total Program Management placed advertisements for the Proposals and issue the Proposal package. Proposals were then opened, reviewed and selected based on the most qualified contractor. The proposals will be taken to the Carroll I.S.D. School Board for approval January 81h. Upon the approval of the Carroll Independent School District Board of Trustees the construction of the drainage facility will proceed subject to the review and approval of the City of Southlake. Upon agreement of the contractor and the price, an escrow account will be set up at First State Bank of Texas, Grapevine Office, Pa assey Account Manager, for the purpose of paying the contractor. Each art will b r sponsible for depositing cash in an agreed amount by January.,r, 2001. - jq4 During the construction, each party elcome to participate in the construction process. Contractor pay requests will be copied to all parties for review before approval of payment. Upon completion of the project the remaining monies will stay in place until such time that it is determined that all work is complete and warranted and all claims are settled. This Page 1 01.3 in his authorized capacity, and that by his signature on the instrument, the person, or the enti upon behalf of w ' he n acted, executed the instrument. PAY I NESS my d and fFicc eal. CHRIW J. 14AMMON5 Notary ANO, State of Texas Ndtgry Public MYCotnalsslon Expires My commission expires: 1-7-0 Carroll Independent chool District By: ' County of. Dallas i arr &m i- On 03 2 o a / , before me,� Notary Public, perso alai ly appeared e ad- l� , �I l u rv� , personally know to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument WITNESS my hand andA official seal. �, �p_�p_ p 7 {�{�p�p� as Notary Public i e2 Not�y Fabri, scats of r ras p gMy Commissiait xpiros SEPT. 8, 2002 My commission expires: - �,. �'v 2— Date, 9- 92 Page 3 of 3 Exhibit `B' Being a 0.552 acres of land in the John A. Freeman Survey,. Abstract No. 529, City of Southlake, Tarrant County, Texas and being a strip of land, over, through, and across a tract conveyed to Greenway-17091Eleven Partners in Volume 12806, P.598, (D.RT.C.T.) and being more Particularly described as follows: COMMENCING at a 5/8" iron pin found for the northwest property corner of said Greenway- 1709/Eleven Partners tract; THENCE S 000 28' 08" W, along the west property line of said Greenway-1709/Eleven Partners tract, for a distance of 22.36 feet to a point, said point being the POINT OF BEGINNING; THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE S 440 47' 52" E, for a distance of 28.15 feet to a point for a comer; S 00° 28' 08" W, for a distance of 286.66 feet to a point for a comer; S 890 58' 55" W, for a distance of 269.66 feet to a point for a corner; S 000 32' 49" W, for a distance of 634.93 feet to a point for a comer; N 890 29' 11" W, for a distance of 20.00 feet to a point for a comer; N 00° 32' 49" E, for a distance of 654.74 feet to a point for a corner; N 890 58' 55" E, for a distance of 269.64 feet to a %2" iron pin found for a corner; N 000 28' 08" E, for a distance of 286.65 feet to the POINT OF BEGINNING, containing 0.552 acres, more or less. CM29-2071207-IgMdoo August 10, 2000 E-'5[M T "D" Property Address 280 South Kimball Road A 2.90acre tract of land out of the John A. Freeman Survey, in the City of Southlake, in Tarrant County, Texas described as follows: Beginning at a set % inch iron rod in the East line of the John A_ Freeman Survey 318.3 feet South of the East -Northeast comer. Thence along the East line of said Freeman Survey, South 00 degrees 13 minutes, and 10 seconds East (South 00 degrees 27 minutes West in Deed) 481.93 feet (481.4 feet in Deed) to a found 3/8 inch iron rod in the Southeast comer of the W.R. NO tract of 30 Acres. Thence North 89 degrees 19 minutes 17 seconds West (North 89 degrees 23 minutes West in deed) 264.49 feet to a found 518 inch iron rod for comer. Thence North 00 inch degrees 27 minutes East 481.99 feet (481.4 feet in Deed) to a found Iinch iron rod. Thence South 89 degrees 17 minutes 45 seconds East (South 89 degrees 23 minutes East in Deed) 258.86 feet to the place of beginning, containing 126108.36 square feet or 2.90 acre of land. STATE OF TEXAS COUNTY OF TARRANT I, Ben D. Rychlik, Registered Professional Land Surveyor No. 1630 do hereby certify that this survey was performed April 4, 1994 in connection with the transaction as described in G.F. No. 94 R 020709 (CR5) of Republic Title Company. USE OF THIS SURVEY FOR ANY OTHER TRANSACTIONS OR ANY OTHERPURPOSE OR BY OTHER PARTIES SHALL BE AT THEIR RISK AND UNDERSIGNED IS NOT RESPONSIBLE TO OTHERS FOR ANY LOSS RESULTING THEREFROM. FURTHER, COMPENSATION SHALL BE MADE TO THE UNDERSIGNED FOR USE OF THIS SURVEY FOR OTHER TRANSACTIONS. And the plat hereon is a true, correct, and accurate representation of the property as determined by survey made on the ground by me or under my supervision, property is subject to any and all easements, reservations and restrictions that may be of record, visible and apparent easements are as shown, the lines and dimensions of said property being as indicated by the plat; the size, location and type of buildings and improvements are as shown, all improvements being within the boundaries of the property, set back from property lines the distances indicated and that the distance from the nearest intersection, street or road is as shown on said plat. EXCEPT AS SHOWN, THERE ARE NO VISIBLE ENCROACHMENTS OR PROTRUSIONS APPARENT ON THE GROUND. DESCRIPTION OF PROPERTY Being a tract of land situated in the John A. Freeman Survey, Abstract No. 529, Tarrant County, Texas, and being part of Lots 2 and 3, Block B of Southlake Business Park, an addition to the City of Southlake, Texas, according to the plat recorded in Volume 388-145, page 95, Plat Records Tarrant County, Texas, and being part of a tract of land conveyed to Dan V. Matise by deed recorded in Volume 7509, Page 419, Deed Records Tarrant County, Texas, and all being more particularly described as follows: Beginning at the intersection of the South line of Southlake Boulevard, (a F.M. Road No. 1709), with the East line of said Lot 2, Block B, said point being South 01 degrees 11 min. West, a distance of 20.17 feet from the Northeast corner of said Lot 2, same being in the West line of a 3.048 acre tract of land conveyed to The Church of Christ our King, by deed recorded in Volume 7204, Page 841, Deed Records Tarrant County, Texas, a 5/8inch-rodrod found for comer; EXHIBIT"" Subject to any required governmental or municipal authorities approval, Carroll Independent School District shall provide and not oppose access to the road, or drives connecting the existing drive (to be constructed by others) along the north boundary of the Carroll Independent School District's Middle/Intermediate school property from the described Kimball-1709 Co -Tenancy and Greenway-1709/Eleven Partners L.P. properties. Carroll ISD would require adjacent developments to get their approval for the configuration of the portion of the road or drives which fall on School District property before beginning work.