RYCON INC Office (972) 484.0968 Fax (972) 484.8974 TRANSMITTAL 􀁌􀁙􀁾􀀠DATE: 07/02/02 JOB NAME: MARSH LANE JOB# -,2'-'.7.::..5__ CITYOFAD LOCATION: RE: PIPE SUBMITT:.:.A.:::L:::.S____________ DRG. NO. COPIES NO. EACH DESCRIPTION REMARKS 6 US FILTER SUBMITIALS THE ABOVE INFORMATION IS SUBMITTED TO YOU FOR: X YOUR APPROVAL o ESTABLISHING DIMENSIONS o FINAL APPROVAL o ESTIMATE ON o FIELD USE o FIELD CHECK o FABRICATION o DIMENSIONS AS NOTED o CORRECTION & RESUBMISSION o YOUR FILES o BIDDING COpy TRANS. TO: ___________ COPY DRAWINGS TO: __________ COMMENTS: ______________________________ FORWARDED BY: o PARCEL POST 0 AIR MAIL o FIRST CLASS MAIL 0 AIR EXPRESS o SPECIAL DELIVERY X MESSENGER o EXPRESS , TRANSMITTAL OF ADDENDUM 􀀪􀀪􀀪􀀪􀀪􀀪􀀪􀀪􀀪􀀪􀀪􀀪􀀪􀀪􀀪􀀪􀀪􀀪􀀪􀀪􀀪􀀪􀀪􀁾􀀠􀀮􀀪􀀪􀀪􀀪􀀪􀀪􀀪􀀪􀀪􀀪􀀪􀀪􀀪􀀪􀀪􀀪􀀪􀀪􀀪􀀪􀀪􀀪􀀪􀀪􀀪􀀪􀀪􀀪􀀪􀀪􀀪􀀪􀀪􀁾􀀠􀁾􀀪􀀪􀀪􀀪􀀪􀀪􀀪􀀪􀀪􀀪􀀪􀀪􀀪􀀪􀀪􀀪􀀪􀀪􀀪􀀪􀀪􀀪􀀪􀀪� �INSTRUCTIONS: Acknowledge receipt of Addenda in Proposal, on outer envelope of bid AND WITH THE FORM BELOW FAXED TO (972) 450-7096 upon receipt. ***************************************************** ********************************* Addendum Acknowledgment FAX to (972)450-7096 1Acknowledge the receipt ofAddendum No. 1 Town of: ADDISON, TEXAS Project Name: 02-30 Marsh Lane Water Line Replacement By I'8csimile Transmission on this date: May 6, 2002 Contractor's Signature Company Name E-Mail Address: "PLEASE SIGN & FAX THIS PAGE BACK TO TOWN OF ADDISON" (as verification tbat you received this Fax) 972450-7096 Total Number ofFax Pages: 2 02-30 M ...h Lane Water Lin. Replacement Addendum Nol Addendum 1 02-30 Marsh Lane Water Line Replacement Pre Bid Meeting has been scheduled for Thursday, May 9, 2002 9:00am-IO:00am Town ofAddison Setvice Center, 16801 Westgrove Dr, Addison, TX 75001 END OF ADDENDUM The undersigoed bidder hereby certifies the Addendum No. 1 bas been incorporated into the contract and if accepted becomes part ofthe contract. By:_____ DATE:_______ 02-30 Mw:s.h Lane Water Line Replacement Allllmdllm Nol (972) 450·2871 16801 W"'grove PUBUC WORI(S DEPARTMENT April 25, 2002 Mr. Charles D. Rubenstein Executive Vice President Vinland Oakbrook, Inc. 1775 Broadway, 23'd Floor New York, NY 10019 Re: Marsh Lane Water Main Replacement Dear Mr. Rubenstein: The Town ofAddison anticipates awarding a construction contract at our May 28, 2002 City Council meeting for the Marsh Lane Water Main Replacement project. We should be underway with the proposed improvements by mid-June, 2002. In accordance with the agreement that provided permanent and temporary construction easements to the Town across the front ofyour property on Marsh Lane, our staffwill contact your property manager soon and arrange a meeting to discuss the sequencing ofwork to be performed. We will make every effort to complete this construction project in a timely manner and work with your on-site staffto accommodate their needs. Should you have any questions, please call me at 972-450-2886. Your consideration is greatly appreciated. Sincerely, 􀁾􀁬􀁾􀀠Steven Z. Chutchian, P.E. Assistant City Engineer \ PUBLIC WORKS DEPARTMENT (972) 45{)..2871 􀁾􀁾􀀡􀁴􀁧􀁾® Post Office Box 9010 Addison, Texas 75001..9010 16801 Westgrove April 25, 2002 Mr. Charles D. Rubenstein Executive Vice President Vinland Oakbrook, Inc. 1775 Broadway, 23M Floor New York, NY 10019 Re: Marsh Lane Water Main Replacement Dear Mr. Rubenstein: The Town ofAddison anticipates awarding a construction coutract at our May 28, 2002 City Council meeting for the Marsh Lane Water Main Replacemeut project. We should be underway with the proposed improvements by mid-June, 2002. In accordance with the agreement that provided permanent and temporary construction easements to the Town across the front ofyour property on Marsh Lane, our staffwill contact your property manager soon and arrange a meeting to discuss the sequencing ofwork to be performed. We will make every effort to complete this construction project in a timely manner and work with your on-site staff to accommodate their needs. Should you have any questions, please call me at 972-450-2886. Your consideration is greatly appreciated. Sincerely, 􀁾􀁬􀁾􀀠Steven Z. Chutchian, P .E. Assistant City Engineer Steve Chutehian From: Washington, Angela [awashington@oowlesthompson.com] Sent: Wednesday, April 24, 2002 3:34 PM To: Steve Chutchian (E-mail) Subject: Tarragon Brooks Notice to: Charles D. Rubenstein Executive Vice President Vinland Oakbrook, Inc. 1775 Broadway, 23rd Floor New York, NY 10019 Re: Permanent Water Line and Temporary Construction Easements granted by Tarragon Brooks, L.P. 1 ..OWLES &THOMPSOl' A Professional CorporatIon ATTORNEVS AND COUNSELORS ANGElA. K. WASHINGTON 214.6123144 AWASHINGTON@COWLESTHOMPSON,COM April 18, 2002 Mr. Bill Shipp Assistant to City Manager/Economic Development P.O. Box 9010 Addison, TX 7500 \-90 I 0 Mr. Steve Chutchian Town ofAddison P.O. Box 9010 Addison, TX 75001-90\0 RE: Tarragon Brooks Property Dear Bill and Steve: Enclosed for your files are copies of the file-stamped documents for the Tarragon Brooks transaction, faxed to me today from Hexter Fair Title Company. The documents included are: 1. Permanent Water Line Easement and Temporary Construction Easements; and 2. Waiver and Subordination. If you have any questions, please give me a call. Sincerely, 􀁾􀁌􀁯􀁱􀁾􀀠AKW/yjr Enclosures c: Ken Dippel, City Attorney 901 MAIN STREET SutTE 4000 DALLAS, TEXAS 75-202·37'1) o All A S T V L E R TEL 214.672.2000 FA.X 21'L672 2020 WWW.COWLESTHOMPSON.COM __0;4:18102 .. 10: 38 􀁆􀁾􀀠2H98H3S'-=--__ _ --,RE""XTER FAIR TITLE (g] 006 COUNTY OF DALLAS WHEREAS, Tarragon Brooks L.P_ ("Grantor") is the Owner of certain property described in Exhibit A. attached hereto and made a part hereof for all purposes; and WHEREAS, the Town ofAddison, Texas ("Grantee") is coru>tIucting a water line in and through a cenain portion ofsaid property, and adjacent to certain other portions ofsaid property; and WHEREAS, in connection with the construCtion of the water line, it is necessary to provide for a permanent easement in and tllrough a cenain portion of said property. and to provide for temporary constroction easements over and across certain other portions of said property; NOW, THREFORE, for and in consideration of the sum of TWELVE THOUSAND SIX HUNDRED TWENTY DOLLARS AND 001100 ($12,620.00) and other good and valuable consideration to Grantor in hand paid by Grantee, the receipt and sufficiency ofwhich are hereby acknowledged, Grantor does by these presents Grant, Sell and Convey unto Grantee the following: 1. A pennanent easement across. over, under and through that real property described in the first five paragraphs of Exhibit A and shown and depicted on Exhibit B. both attached to and incorporated herein for all purposes. for the purpo$C ofconstructing. maintaining, replacing and repairing an Wlderground water line. 2. Two temporary construction easements for the purpose of passing over, along, under and across that real property, which easements are described in the remainder ofExhibit A and also shown and depicted on Exhibit B. Grantor and Grantee fiuther agree as follows: A. The teI!JpOrary construction easements shall 'only be used by Grantee and its contractors in connection with the construction and installation of the warer line within the permanent easement granted in Paragraph l. and the construction of the public street and right-of·way adjacent to the temporary construction easements. B. . The temporary construction-easements shall expire 10 days after completion ofall work for which they are granted. . C. Grantee agrees that all work [0 be performed by or for Grantee in the easement areas shall be performed in a good. and workmanlike manner, and Grantee shall upon completion of the work restore the easement 􀁡􀁲􀁥􀁾􀀮􀀠including landscaping, sprinklers, curbing and paving to the same or better condition as existed prior to entry thereon by Grantee, and shall leave the easement area clean and free ofdebris. In additioD, the wOIk site shall be reasonably cleaned at the end ofeach workday dUl'inJ;! the perfonnance ofthe work. 1 Weia'LiaeA TtIItPOraryCo:n.mueDoa EaMtltfou-T.1T1Ipn Bmok!: 􀁾􀀮􀀺􀀹􀀩􀀶􀀰􀁓􀀠 04/18/02 10; 38 FAX 􀀲􀁈􀀹􀀸􀀷􀁾􀀳􀁓􀀮􀀠_ __ HElTER FAIR TITLE fil 007 D. Once commenced, ,all work for which the temporary easelllents are granted under this Agreement shall be completed by or for Grantee as quickly as reasonably practicable. but in no event more than 90 days after work is commenced. All work perfOnned by Grantee shall be perfonned between 8:00 AM. and 6;00 PM. Monday through Saturday, and will be performed so as to minimize as much as practicable, disrurbance ofthe operations ofGrantots property and the use thereofby Grantor and its lessees, licensees. invitees, agents and employees. Except in an emergency, as determined by Grantee or its contractor, Grantee shall provide Grantor 24 hours notice prior to temporarily discontinuing water supply to the remainder of Grantor's property in connection with its work during the 90-day period described above. E. Grantee shall indemnify and hold hann1ess Grantor and its affiliates and partners and respective officers, directors and employees from and against any and all liability, actions, causes of action, damages, claims. lawsuits, judgments, costs and expenses for personal injury or property damage suffered by any person to the eJ(tent that such injury or damage may be caused by any negligent act ofGrantee in connection with work performed by or for Grantee under this a.greement; provided, however, that such indemnity is provided by Grantee without waiving any immunity that it may be entitled to, and further such indemnity is subject to and shall not exceed the monetary limitations of damages as $et forth in the Texas Tort claims Act. In providing this indemnity. Grantee is not waiving any defense a:fibrded by 􀁦􀁾or Texas law, and this indemnity is solely for the benefit of Grantor and its affiliates and partners and respective officers, directors and employees and is not intended to create or grant any rights, contractUal or otherwise, to any other person or entity. F. A pre-construction meeting regarding the work to be performed in the 9()"day period described in Paragraph D shall be held at the property between representatives ofGrantee and Grantor. Unless otherwise agreed to by Grantor. Grantee shall notifY Grantor at least 30 days prior to the commencement of such worl!:, and shall provide a schedule of work to Grantor's property manager a.t that time. All work aJ:'C.i5 shall be properly marked and seemed. TO HAVE AND TO HOLD the above-described rights-of-way in and to said premises with the right of ingress and egre:;s thereto together with all and singular the rights and hereditaments thereunto in anywise belonging unto the Town of Addison and its successors and ass;gDS forever, and Tarragon Brooks L.P., does hereby bind its heirs, successors, assigns, executors and administrators to defend aU and singular said premises unto the Town of Addiscn, its successors and assic;ns against every pemon whosoever lawfully claiming or to claim the same or anypart thereof. EXECUTED thi$ &. FL day Of__􀁌􀁾􀀢􀀽􀀧􀀽􀀭􀀭􀀢􀁾􀀭􀀾􀀧􀀠200!. GRANTOR TARRAGON BROOKS, L.P. By: Vinland Oakbrook, Inc., Gmeral Partner By, lesD. Executive Vice President WJller Liu cit TmJIlonu:y CblUtnlcUoA £.uemcaQ, -T:lr1"'ap_ BrooJG 􀁾􀁾􀁾􀁬􀁥􀀺􀁩􀀶􀀵􀀰􀀠 e 04/18/02 10: as FAX 314987335.___....HE"'XTER FAIR TITLE I4J 008 STATE OF NEW YORK § COUNTY OF NEW YORK § I :-tl. BEFORE ME. th,el£:l1dersigned notary public in and for silid county and state. on this \,!2'1"'-day of M􀁾.20co.. personally appeared Cbarles D. Rubenstein. known to -"m""e'--to-be the identical person who executed the within and foregoing document, and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument. the person or entity upon behalf of which he acted executed the instrument for the uses and purposes therein set forth. GIVEN UNDER my hand and seal ofoffice MY COMMlSSION EXPIRES; [SEAL) .' . . ..􀁾􀀮􀀠., , AFTER RECORDING RETURN TO: Attn; :p....,,;d.f:.,;.. .... ,.e HEXTER-FAIR fu COMPANY 8333 Douglas Avenue. 1tt3Q. Dallas, TX 752.25 3 Water Lm. A Tem,lJntry Cooatrw:tioa Eu.e:mmtJ -Tal'f'l;COn BNOkI 􀁾... 'Ilw.Jr DEXTER FAIR TITLE !iii 009 FIELD NOTE DESClUPTION EXHlBITA FOR MARSH LANE WATER L1N'E EASEMENT ACROSS THE PROPERTY OF VINLAND PROPERTY TRUST BEING a parcel ofland for wall'< line easement in the Noah Good Survey, Abstraet No. 520, Dallas County, T""lU. and being a part ofa tract ofland conveyed to Vinland Property Trust by il dced now ofrecord in Volume 971 t5, Page 03165 aftne O"'ld ofRooords ofOaUas COUIIt)', T,xas, $aid parcel being more particularly deseribed as follaw.: BEGINNING at an "X" eut foulld for a comer, said eorner being at the intersection of the "lISt Rigln OfWay line of Marsh LMe (100 feet Right Of Way) and the north Right OfWay lino ofBrQokhaven Club Drive (100 feet Rigtll Of Way), said corner beingdlle wllth along the 03$\ Right Of Way line ohaid Mal'$h Lane, a diStance 0(33 L7S reet from an 􀁾􀁘cut found on the east Right Of Way line o!said Marsh Lane; THENCE North along the Wellt property lina ofsaid Vinland Tract and the c:a:;t Right Of Way line ofsaid Mal'$h Lan .. a distance of217.97 feet to a point for acomer; THENCE S SO) J'23" E, a distance of218.93 reet to a pOint for a comer, $aid point beini on the SOlith Pl1lperty line ofsaid Vinland Tract and said north Riiht Of Way line of$aid Brookhaven Club Drive; THENCE N 89°47'47" W along the south property line ofsaid Vinlaad Tr.><:t and said north lUiht Of Way line ofsaid Srookhaven Club Drive, a dl,o;tance of 19.80 feet to the POINT OF BEGINNING and containing O.OSO ac;res of land, more or less. Also a tempol'ilry cOlIstrllCtion easement being just "ast ofand adjllCent to, the above described permanent water line easement and being trianglilar in shape' and being 0.20 feet wide adj..::cnt to the south point ofthe permanent easement and 20.00 feet wide .If lb. nonh point ofthe permane", easement, also a temporary construction easement being jllst east ofand adjacent to me west property line ofsaid Vinl8l1d Tract and being rectangular In shape and being 20.00 feet wide from the nonb point ofthe permanent easement to the north property line ofsaid Vinland Tract. both temporary construction easements to be used only during the construction ofthe proposed water I inc, and containing 0.099 acres ofland, more or lass. NOAH GUUU SU KVI:. YII ABSTRACT NO, 520 a F::t-I-----It MARSH LANE----0: 􀁾􀀠;:; '" • 􀁾􀀠TARRAGON tlROOKS, LP. VOL 99101, PC. 5374 "Y; CUT FNO PERMI\NENT WATER UNE EASai[NT tOO' R,O.VI, (0.050 ACRES) N 1I!r47'4T W 19.80 w 2: 􀁾􀀠o m I ., :3 t.l '.Z 􀁾􀀠:c o 􀁾􀀠m <:rII 􀁾􀀠I =. !:: 􀁾􀀠"" <> '" " ,.,',.., " ""<> [)FVISfO 􀁻􀁊􀀵􀀯􀁾􀁯􀀯􀁯􀁯􀀠nr,l/Acs TOWN OF ADDISON, TEXAS SCALE: ,. " 40' MARSH LANE WATER LINE EASEMENT TARRAGON BROOKS, LP. SHWEK. JACOBS <'II: ANKLEA. LLP. CONSULTING ENCINEERS 8333 OOlJ(lLAS AVE.. SUITE 820 DALLAS. J1( 􀀷􀁾􀀲􀀲􀀵􀀠(21-1) 361-7900 D.t. Su""","* 01 '-lARCH. 2000 Oat.Or • ..n:: 30 MAY. 2000 04/18/02 10:37 FA..! 21-1987335''--____--"HE.,.XIER FAIR_IIl'LE'--__ 􀁾􀀰􀀰􀀲􀀠?COl\393(C 1.AGe... STATE OF TEXAS § § COUNTY OF DALLAS § WAlVER AND SUBORDINATION WHEREAS, Fannie Mae is the holder of a certain Multifamily Note by Assigrunent of Deed of Trust from Amresco Capital, L.P., recorded in Volume 99101, Page 5383 of the Deed Records o{Dallas County, Texas; and WHEREAS, said note is secured by a MUltifamily Deed of Trust, Assignment of Rents and Security Agreement ("Multifamily Deed of Trust") rec:orded in Volume 99101. Page 60 of the Deed Records of Dallas County, Texas, against property described in Exhibit A of the Multifamily Deed of Trust and Exhibit A oflne Assignment of Deed of Trust ("the Property") and by vendor's lien reserved in Deed recorded in Volume 99101, Page 5374, Deed Records, Dallas County, Texas (the Multifamily Deed of Trust and said vendor's lien, and any Olner liens or encumbrances securing the note and other indebtedness described in said instruments, are. referred to herein as as the "1i.ruJ§"); and I WHEREAS, Paragraph 16 of 􀁾􀁥􀀠Mu[tifiunily Deed of Trust provides that the grmt, creation or existence of certain enC]1brances on the Property shall constitute an Event of Defuult under the Deed ofTrusl; and WHEREAS, the Town of Add SOil, Texas, seeks to purchase a Pennanent Water Line Easement, as described in the first five 􀁾􀁡􀁲􀁡􀁧􀁲􀁬􀀡􀁰􀁨􀁳􀀠o[Exhibit A, attached hereto and incorporated herein for all purposes, and shown and depicted on Exhibit B, attached hereto and incorporated herein for all purposes, along with two Temporary Construction Easements, as described in the remainder of Exhibit A, and also shown and depicted on Exhibit S, for the purpose of constructing, maintaining, replacing and repairing an underground water line on a portion ofthe Property (the Permanent Water Line Easement and two Temporary Construction Easements shall be referred to collectively herein as "the Easement$"); and WHEREAS, the granting, conveying or creation of the Easc:menrs will serve to beneflt the Property; NOW, THEREFORE, for and in consideration of the sum of one dollar (51.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledaed, Fannie Mae does heret:ly waive any default rights it may have under Paragraph 16 or any other provision of the Multifamily Deed ofTrust with respect to the Easements. Further, . the granting. conveying or creation of the Easements shall not constitute an Event of Default under the Multifamily Deed of Trust or the Assignment of Deed of Trust. For the same consideration, Fannie Mae subordinates the Liens to the Easements, and agrees that the Liens shall not encumber the Easements, and that foreclnsure of any ofthe Liens, conveyance in lieu of foreclosure, or the exercise of any remedies with respect to any of the Liens, shall not affect. W4A"'I!!-' A.'QUt,:lI()IIUXf'IIAl101'i rO""001$ON wAnll..J).(E EA3EMmq-􀁔􀁾Ilt40lU "",<;;Ii..1 04/18/02 10:37 F.U 􀀲􀁈􀀹􀀸􀀷􀀳􀀳􀁾__... _-",HE",,!'T!lR F,uR]ITLB !gJ 003 release, renninate, or extinguish any of the Easements. 'This Waiver and Subordination is applicable only for and only to the Easements. EXECUTED this :4 day of ilJrndJ ,2002. FANNIE MAE By; -'g 4M1/( 􀁾􀀠Prim Name: BOaD Hum􀁕􀁉􀁾􀁴􀁲􀁉􀁊􀀠Or 􀀦􀁬􀁷􀁵􀁵􀁬􀁾􀀠Title: AssilllliRt 'JiGs PRlSlrJellt 􀁓􀀧􀁦􀁁􀁔􀁅􀀶􀁆􀁾􀀠§ COUNTY OF DALLAS § " %BEFORE ME, the undmigned notary public in and for said county and sta.te, on this 􀁾􀀠day of /J1fJJU1h • 2002, personally appeared8,..: N Uuif= , known to me to be the identical person who executed the within and foregoing document. and acknowledged to me that be executed the same in his 􀁡􀁵􀁴􀁨􀁯􀁾􀁥􀁤capacity, and that by his signature on the instrument, the person or entity llpon behalf ofwhich he acted executed the instrument for the uses and purposes therein set forth. MY COMMISSION EXPIRES: ¢qlcs , . AFTER RECORDING RETURN TO: AIIn: 􀀢􀁑􀀢􀀬􀁜􀁃􀀧􀂢􀁓􀁾􀁭HEXfER.FAIRi'iirO PANv 8333 Doua/as Avenue, #130 Call••1)( 15225 '114.1\'£1 .....􀁾􀁄􀀠St;IIOIltIItU.TIOJri Fat. ADDISON 􀁜􀁉􀁴􀁁􀁔􀁈􀁕􀁎􀁅� �􀁾􀀭T....... 􀁾􀀠 "Aoa-l 􀁾􀀮􀁑􀁕􀁓􀀶􀀰􀀠 04/18/02 10; 37 FAX 􀀲􀁈􀀹􀀸􀀷􀀳􀁊􀁾____ IlEX'rnR FMR TITLE 141004 FIELD NOTE DESCRIPTION EXHIBIT A FOR MARSH LANE WATER LINE EASEMENT ACROSS THE PROPERTY OF VINLAND PROPER1'Y TRUn BEING a parcel ofland for water line easement in the Noah (JQOd Survey, Abstract No. 520, Dallas County, Texas, and being a part of a traer ofland conveyed 10 Vinland P"'l"'rty TlU$t by a deed now of record in Voilime 97115, Page 03165 of the Deed ofRecords ofDaUas County, Texas, said parcel being more particularly described as follows: BEGINNING at an "X" <:u( found for a comer, said <:omer being at the intersection "fthe east Rignt Of Way lin .. of Manh Lane (100 feet Right OfWay) and the north Right OfWay line ofBfQOkhaven Club Drive (100 feet Right OfWay), said COmer being due south along the east Right Of Way lin. ofsaid l\I1al'$h Lane, a distance of33 I. 7S reet from an 􀁾􀁘cut found on the east Right OfWay line of said Marsh Lane; iHENCE North alona the west property lille ofsaid Vinlallel Tract and the east RighI Of Way line ofsaid Manh Lane, a distance of217.91 feet lOa point for l! com.., THENCE 55"11'2)" Eo a distance of218.93 feet to a point rora comer, said point being on the south property line ofsaid Vinland Tract and said north Right Of Way line of said Brookhaven Club Drive; THENCE N 89'47'47" W along the south property line ofsaid Vinland 􀁔􀁲􀁡􀁾􀀱􀀠and said north Right Of Way line ofsaid Brookhaven Club Drive, II distanC(I of 19.80 fe"t to the POINT OF BEGINNING and containing 0,0$0 acres of land, mo.... or less. Also II temporal)' construction _ment b.ingjll$l; ealit ofand adjacent to, the above described permanent water line easement and being Irlan,ular In shape'and being 0.20 feet wide adjacent to the south point ofthe permanent easement and 20.00 feel ....iele at the north point ofthe pennaneDI easement, also II temporary construction easement beingjWi! east ofand adjar;cnt to the west prvperty line ofsaid Vinland Tract and being roctanlul81 in shape and b.ing 20.00 feet wide from the north point of th. pennanon! easement to the north property line ofsaid Vinland Tract, both temporary construction easements to be used only during the construction afthe propoHd water line, and I:Ontalnlng 0,099 aeres ofland, more or less. '/NOAH GOOD SURVEY I ' ABSTRACT NO. 520 f'ERMANENT WATER LINE EASEMENT 100' R.O.W. TARllAOON BROOKS, LP. VOL , ;j}nJJPl'tI--' 'J r J /m4rs/J U /'l.p 􀀯􀀻􀀩􀁡􀀻􀀯􀀭􀁾􀁲􀀠flq n <' J, 􀁾􀀠:-/-//7 { I ! , ! 'HESE ARE TRANSMITTED as checked below: o For approval 0 Approved as submitted 1J!it0r your use 0 Approved as noted o As requested 0 Returned for corrections o Return corrected prints o For review and comment 0 _______________________ o FOR BIDS DUE _________ 19,__ o PRINTS RETURNED AFTER LOAN TO US rJ 1 1 1 1 1 1 1 1 1 1 1 1 STATE OF TEXAS § § COUNTY OF DALLAS § AGREEMENT This Agreement (the "Agreement") is made this the 4th day ofMarch, 2002, by and between the City ofFanners Branch, Texas, a home-rule municipal corporation located in Dallas, Coanty, Texas ("Fanners Branch',), and the Town ofAddison, Texas, a homerule municipal corporation located in Dallas, Coanty, Texas ("Addison"). WHEREAS, the City ofFanners Branch desires to reconstruct Brookhaven Club Drive between Golfmg Green Drive and Marsh Lane, and such reconstruction includes intersection improvements at Brookhaven Club Drive and Marsh Lane within the city limits ofFanners Branch, as set forth on the attached Exhibit "A"; and WHEREAS, the Town ofAddison desires to make intersection improvements at Brookhaven Club Drive and Marsh Lane within the city limits of Addison, as set forth on the attached Exhibit "A"; and WHEREAS, intersection improvements at Brookhaven Club Drive and Marsh Lane within Addison and Fanners Branch will increase safety and reduce congestion that will result in great and lasting benefit to the people ofFanners Branch and Addison; WHEREAS, for and in consideration ofthe mutual covenants, conditions and promises contained herein, Fanners Branch and Addison hereby agree as follows: 1. TERMS OF AGREEMENT 1.1 Incorporation ofPremises. The above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. 1.2 Construction. Fanners Branch will cause the reconstruction ofBrookhaven Club Drive, which shall include intersection improvements at Brookhaven Club Drive and Marsh Lane within the city limits ofAddison and Fanners Branch. The intersection improvements shall consist ofstreet pavement, sidewalks, street signs, traffic control devices, lights, landscaping and drainage. All construction shall be done pursuant to plans, drawings and specifications approved in advance by Addison. Fanners Branch shall inspect said improvements during construction. The contract shall include standard insurance and indemnity provisions for both Fanners Branch and Addison. 1.3 Cost Sharing. Each city shall bear the cost ofthe improvements constructed within its respective city limits. Fanners Branch shaH bid the improvements in conformance with Texas State Law. After the bids are received and the lowest responsible bidder is identified, Fanners Branch shall submit to Addison the estimated cost ofthe improvements within Addison based on the bid prices submitted by the lowest AGREEMENT BETWEEN TOWN OF ADDISON AND CITY OF FARMERS BRANCH FOR INTERSECITON IMPROVEMENTS AT BROOKHAVEN CLUB DRIVE AND MARSH LANE PAGEl responsible bidder for review and acceptance ofthe estimated cost. (The prebid construction cost estimate is $45,738.80.) After Addison provides written acceptance of the estimated cost to Farmers Branch, the City C01lllcil ofFarmers Branch shall, at its sole discretion, award the bid and proceed with construction of the improvements. Farmers Branch shall submit invoices to Addison for the work performed within Addison, less retainage, and Addison shan remit payment to Farmers Branch within thirty (30) days. 1.4 Completion and Acceptance: Upon satisfactory completion, to Addison's satisfaction, ofthe improvements within Addison, Addison shall accept the improvements and shall, upon receipt ofinvoice for the improvements within Addison, remit payment to Farmers Branch and such payment shall include retainage. [EI] 2. REPRESENTATIONS AND WARRANTIES 2.1 Representations and Warranties ofFarmers Branch. Farmers Branch represents and warrants to Addison as follows: . a. Organization. Farmers Branch is a municipal municipal corporation duly organized and validly existing 1lllder the laws of the state ofTexas, duly qualified to carry on its business in the state ofTexas. b. Power and Authority. Farmers Branch has all requisite power and authority to enter into this Agreement, and to perform its obligations under this Agreement. The execution, delivery, and performance ofthis Agreement and the transactions described in this Agreement have been duly imd validly authorized by all requisite action on the part ofFarmers Branch. The execution, delivery, and performance ofthis Agreement will not violate or be in conflict with any provision ofthe Charter ofFarmers Branch, or any provision of any agreement or instrument to which Farmers Branch is a party or by which Farmers Branch is bound, or any statute, law, rule, regulation, judgment, decree, order, writ, or injunction applicable to Farmers Branch. c. Binding Obligation. This Agreement has been duly executed and delivered on behalf ofFarmers Branch. This Agreement constitutes a legal, valid, and binding obligation ofFarmers Branch. 2.2 RepresentatiOns and Warranties ofAddison. Addison represents and warrants to Farmers Branch as follows: a. Organization. Addison is a municipal corporation duly organized and validly existing under the laws ofthe state ofTexas, duly qualified to carry on its business in the state ofTexas. b. Power and Authority. Addison has all requisite power and authority to enter into this Agreement, and to perform its obligations under this Agreement. The execution, delivery, and performance of this Agreement and the transactions described in this AGREEMENT BETWEEN TOWN OF ADDISON AND CITY OF FARMERS BRANCH FOR INTIlRSECTION IMPROVEMIlNTS AT BROOKHAVEN CLUB DRIVE AND MARSH LANE PAGE 2 Agreement have been duly and validly authorized by all requisite action on ths part of Addison. The execution, delivery, and performance ofthis Agreement will not violate or be in conflict with any provision ofthe Charter ofAddison, or any provision ofany agreement or instrument to which Addison is a party or by which Addison is bound, or any statute, law, rule, regulation, judgment, decree, order, writ, or injunction applicable to Addison. c. Binding Obligation. This Agreement has been duly executed and delivered on behalfofthe Addison. This Agreement constitutes a legal, valid, and binding obligation ofAddison. 3. MISCELLANEOUS PROVISIONS 3.1 This Agreement shall be binding upon and inure to the benefit ofthe parties hereto. This Agreement may not be assigned without the prior written consent ofthe other party. 3.2 This Agreement constitutes the sole and only agreement ofthe parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the subject matter hereof. 3.3 No amendment, modification, or alteration of the terms hereof shall be binding unless it shall be in writing, dated subsequent to the date hereof and duly executed by the parties. 3.4 This Agreement may be executed concurrently in one or more counterparts, each ofwhich shall be deemed an original, but all ofwhich together shall constitute one and the same instrument. 3.5 Ifone or more ofthe provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as ifsuch invalid, illegal, or unenforceable provision had never been contained herein. 3.6 The obligations and undertakings ofeach ofthe parties ofthis Agreement are and shall be performable in Dallas County, Texas. 3.7 Time is ofthe essence in this Agreement. 3.8 Each party hereto warrants that it has received authority from its governing body to enter into this Agreement. 3.9 This Agreement shall be governed by and construed in accordance with the laws ofthe state ofTexas, and all obligations ofthe parties created hereunder are performable in Dallas County, Texas. AGREEMENT BETWEEN TOWN OF ADDISON AND CITY OF FARMERS BRANCH FOR INTERSECTION IMPROVEMENTS AT BROOKHAVEN CLUB DRIVE AND MARSH LANE PAGE 3 3.10 Neither Addison nor Fanners Branch may exercise their powers ofeminent domain to take title to any ofthe right-of-way subject to this Agreement without the consent of the other. Neither Addison nor Fanners Branch shall do any action or cause to be done any action that will interfere with the others compliance ofthis Agreement. 3.11 All notices, demands, or requests from one party to another shall be personally delivered or sent by United States mail certified, or registered, return receipt requested, postage prepaid, to the addresses stated in this Section: To Addison: To Fanners Branch: P.O. Box 9010 P.O. Box 819010 Addison, Texas 75001 Fanners Branch, Texas 75381-9010 Attn: City Manager Attn: City Manager Notice shall be deemed to have been given (i) ifby hand delivery, at the time of delivery, or (ii) ifmailed, seventy-two (72) hours after the deposit ofsame in any United States mail post office box in the state ofwhich the notice is addressed or ninety-six (96) hours after the deposit in any such post office box in other than the state to which the notice is addressed, postage paid, addressed as set forth above. Giving notice ofsuch change in the manner herein provided for giving notice may change the addresses and addressees for the purpose ofthis Section. Unless and until such written notice is received the last addresses and addressee stated by written notice, or provided herein if no written notice ofchange has been sent or received, shall be deemed to continue in effect for all purposes hereunder. 4. TERMINATION 4.1 In the event construction ofthe street improvements in the right-of-way is not completed by December 31, 2002, Addison shall have the right to terminate this Agreement upon thirty (30) days written notice; provided, however, that ifthe substantial completion ofthe construction is delayed by reason ofwar; civil commotion; acts ofGod; inclement weather; governmental restrictions, regulations, or interferences; delays caused by the franchise utilities serving the areas adjacent to the right-of-way; fire or other casualty; condemnation proceedings; or any like or similar circumstances which are reasonably beyond the control ofFarmers Branch, Farmers Branch shall be excused from doing or performing the same during such period ofdelay, so that the time period ' applicable to such performance shall be extended for a period oftime equal to the period Fanners Branch was delayed. 4.2 This Agreement shall terminate upon the expressed written agreement ofboth Addison and Fanners Branch.[NM2] AGREEMENT BETWEEN TOWN OF ADDISON AND CITY OF FARMERS BRANCH FOR INTERSECTION IMPROVEMENTS AT BROOKHAVEN CLUB DRIVE AND MARSH LANE PAGE 4 4.3 Fanners Branch may terminate this Agreement if, after reasonable diligence, it is unable to obtain the necessary land described in Exhibits "B" and "c" to improve the intersection at Brookhaven Club Drive at Marsh Lane as described in Exhibit "A" or the improvements to the intersection ofBrookhaven Club Drive and Marsh Lane becomes unnecessary or unfeasible. EXECUTED on the date first above written. CITY OF FARMERS BRANCH, TEXAS TOWN OF ADDISON, TEXAS -􀁂􀁹􀀮􀁌􀀻􀀴􀀿􀁌􀁾Richard Escalante By: 􀁧􀀭􀁗􀁤􀁾􀀮􀁾Ron Whitehead City Manager City Manager ATTEST:􀁁􀁾􀁔􀁾􀀠� �􀁙􀀮􀁾􀁾______________ __ 􀁾􀀮􀁎􀁜􀁡􀁒􀁡􀁬􀁾􀁾􀁾􀁾􀁾􀁾__ By: City Secretary 'Secretary 􀁂􀁙􀁾􀀾􀂣􀀺􀁾􀀠 City Attorney forTOWIlOAddiSOn G:IAGREEMENTS\INTERl.OCAL\TOWN OF ADDTSONlBHCLUB AGREEMENT BETWEEN TOWN OF ADDISON AND CITY OF FARMERS BRANCH FOR INTERSECTION IMPROVEMENTS AT BROOKHAVEN CLUB DRlVE AND MARSH LANE PAGE 5 Exhibit "A" w 􀁾􀀠2: :J ... 􀁾􀀠􀁾􀀠PL. 2] ::J (.) /!:(3 DR. CT. LOCATION MAP BIRKHOFF, HENDRICKS & CONWAY, L.L.P. CONSULTING ENGINEERS 7502 Greenville Ave., #220 Dallas, Texas 75231 Fax (214) 361-0204 Phone (214) 361-7900 JOHN W. B!RKHOFF, P 0::: Cl CD N 89'47'4T w -19.8D';:: :3 ci----0::1-------U Z---II 8 l.J..J 􀁾􀀠::t: o 􀁾􀀠o 0::: I CD I <::)..I I =:I !-=:I-􀁾􀀠Wi! ....... lOrr"" 􀁾􀁣􀀠,.,,, /,..{\ f"\r I lId''''' ("I"'.ur. t_'lf\ TOWN OF ADDISON, TEXAS SCAlE: r = 40' MARSH LANE WATER LINE EASEMENT TARRAGON BROOKS, L.P. Oole -)'lid:SHIMEK. JACOBS"" flNKL£A. LLP. 01 MARCH. 2000CONSULTING ENGINEERS 8333 DOUGLAS AVE.. SUITE 820 Oole _: DALLAS, TX 75225 (214) 361-7900 30 MAY, 2000 I BIRKHOFF, HENDRICKS & CONWAY, L.L.P. CONSULTING ENGINEERS 7502 Greenville Ave., #220 Dallas, Texas 7523 [ F",,(214) 36[-0204 Phone (214) 361-7900 JOHN W, BlRKHOFF, P.E. RONALDV. CONWAY,P.E GARY C. HENDRICKS, P.E. JOE R. CARTER, P.E. PAUL A. CARLiNE, P.E. MATT mCKEY, P.E. ROSS L. JACOBS, P.E. L C. FINKLEA, P.E. December 18, 200 I elephone Engineering D artJnent 480 I Matloc oad Arlington, exas 76018-1007 Re: Town of Addison, Texas Marsh Lane Waterline Gentlemen: We are enclosing a set of construction plans for the Marsh Lane Waterline replacement along Marsh Lane from Brookhaven Club to Spring Valley in Addison, Texas. These plans are for your review to determine if any of your facilities are in conflict with the proposed improvements. Upon completion ofyour review please notify us of any potential conflict so they can be worked out prior to the project being constructed. Based on the Town's current schedule the project will be advertised for construction during the end of January. Your non-response will be interrupted by the Town that you have reviewed the plans and do not have any potential conflict with their proposed improvements. Please contact us if you have any questions. Sincerely, 􀁾􀀳􀀠John W. Birkhoff, P.E. Epdosure \/c: Mr. Steve Chutchian, P.E. SAt'1E LETTER SENT TO: TXU, Dallas Region Engineering, 1506 Commerce Street, Suite 2E, Dallas, Texas, 75201 TXU, 14400 Josey Lane, Farmers Branch, Texas, 75234 MFS, 1 Dallas Centre, 350 N. St Paul, Suite 2950, Dallas, Texas, 7520 I Steve Chutchian To: Keith Thompson Cc: Jim Pierce Subject: RE: Marsh lane water line /Brookhaven sewer Keith -now that we have a signed (but not yet filed) easement on the Tarragon Brooks property along Marsh Ln., John Birkhoff is preparing final engineering and spec. revisions. It is our intent to advertise this project immediately after the holidays. Our attomey is in the process of completing the title paperwork on the easement and preparing the wire transfer of funds to pay the owner. At a meeting with John B., Jim and myself last week, I asked John to give me two full size sets of the Brookhaven sewer plans in order that we can perform a full review of the design. Also, John and I will meet soon to discuss the changes to the necessary utility easements that are a result of the changes in design. We would like to get the easement documents in the hands of our RO.W. agent, Pat Haggerty, some time in January. Easement acquisition will govem the bid advertisement date for the project. Steve Chutchian --original Message From: K_Thompson Sent: wednesday, December 05,20011:44 PM To: Steve Chutdllao Subject: Marsh lane water line /Brookhaven sewer Steve could you please take a minute and update me on these to projects. Thanks Keith Thompson Utilities Foreman Town of Addison 972-661-1634 1 I Steve Chutchian From: Washington, Angela [awashington@cowlesthompson.com] Sent: Friday, October 19,20019:15 AM To: Steve Chutchian (E-mail) Subject: Tarragon Brooks Easement for Marsh Lane Waterline Steve; talked to Chuck Rubenstein regarding the status of the Tarragon waterline easement document. I relayed to him that their management had informed me that everything was satisfactory with them. He stated that he had two Closings this week and apologized that he had not gotten to it. His last closing should be complete today and he hopes to take a look at the document this afternoon. He said he would get back to me. If I do not hear from him soon, I will, of course, call him again. Angela 1 PERMANENT WATER LINE EASEMENT AND TEMPORARY CONSTRUCTION EASEMENTS STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF DALLAS § WHEREAS, Tarragon Brooks L.P. ("Grantor") is the Owner of certain property described in Exhibit A, attached hereto and made a part hereof for all purposes; and WHEREAS, the Town ofAddison, Texas ("Grantee") is constructing a water line in and through a certain portion ofsaid property, and adjacent to certain other portions ofsaid property; and WHEREAS, in connection with the construction of the water line, it is necessary to provide for a pennanent easement in and through a certain portion of said property, and to provide for temporary construction easements over and across certain other portions of said property; NOW, THREFORE, fur and in consideration of the sum of TWELVE THOUSAND DOLLARS ($12,000.00) and other good and valuable consideration to Grantor in hand paid by Grantee, the receipt and sufficiency of which are hereby acknowledged, Grantor does by these presents Grant, Sell and Convey unto Grantee the fullowing: I. A permanent easement to construct, maintain, replace and repair a water line across, over, under and through that real property described in Exhibit A and shown and depicted on Exhibit B, both attached to and incorporated herein for all purposes. 2. Two temporary construction easements for the purpose of passing over, along, under and across that real property, which easements are also described in Exhibit A and shown and depicted on Exhibit B. Grantor and Grantee further agree as follows: A. The temporary construction easements shall only be used by Grantee and its contractors in connection with the construction and installation of the water line within the permanent easement granted in Paragraph I, and the construction of the public street and rightof-way adjacent to the temporary construction easements. B. The temporary construction easements shall expire 10 days after completion ofall work authorized by this easement. D. Grantee agrees that all work to be performed by or for Grantee in the easement areas shall be performed in a good and workmanlike manner, and Grantee shall upon completion of the work restore the easement areas, including landscaping, sprinklers, curbing and paving to the same or better condition as existed prior to entry thereon by Grantee, and shall leave the 1 easement area clean and free of debris. In addition, the work site shall be reasonably cleaned at the end ofeach workday during the performance ofthe work. E. Once commenced, all work shall be completed by or fur Grantee as quickly as reasonably practicable, but in no event more than 90 days after work is commenced. All work perfurmed by Grantee shall be perfurmed between 8:00 AM. and 6:00 P.M. Monday through Saturday, and will be performed so as to minimize as much as practicable, disturhance of the operations of Grantor's property and the use thereof by Grantor and its lessees, licensees, invitees, agents and employees. F. Grantee shall indemnifY and hold hannless Grantor and its affiliates and partners and respective officers, directors and employees from and against any and all liability, actions, causes of action, damages, claims, lawsuits, judgments, costs and expenses for personal injury or property damage suffered by any person to the extent that such injury or damage may be caused by any negligent act of Grantee in connection with work performed by or for Grantee under this agreement; provided, however, that such indenmity is provided by Grantee without waiving any innnunity that it may be entitled to, and further such indemnity is subject to and shall not exceed the monetary limitations of damages as set forth in the Texas Tort claims Act. In providing this indenmity, Grantee is not waiving any defense afforded by federal or Texas law, and this indemnity is solely for the benefit of Grantor and its affiliates and partners and respective officers, directors and employees and is not intended to create or grant any rights, contractual or otherwise, to any other person or entity. G. A pre-construction meeting shall be held at the property between representatives of Grantee and Grantor. Unless otherwise agreed to by Grantor, Grantee shall notifY Grantor at least 30 days prior to the commencement of work, and shall provide a scheduie of work to Grantor's property manager at that time. All work areas shall be properly marked and secured. TO HAVE AND TO HOLD the above-described rights-of-way in and to said premises with the right of ingress and egress thereto together with all and singular the rights and hereditaments thereunto in anywise belonging unto the Town of Addison and its successors and assigns forever, and Tarragon Brooks L.P., does hereby bind its heirs, successors, assigns, executors and administrators to defend all and singular said premises unto the Town ofAddison, its successors and assigns against every person whosoever lawfully claiming or to claim the same or any part thereof: EXECUTED this ___day of______--', 2001. GRANTOR TARRAGON BROOKS, L.P. By: Vinland Oakbrook, Inc., General Partner By: 􀁃􀁾􀁨􀁡􀁲􀁾􀁬􀁾􀁥􀁳􀀭􀁄􀀽􀀭􀀮 􀁒􀁾􀁵􀁾􀁢􀁥􀁮􀁳􀁴􀁾􀁾􀁥􀁩􀁮􀁾􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭Executive Vice President 2 STATE OF NEW YORK § COUNTY OF § BEFORE ME, the undersigned notary public in and for said county and state, on this _-,._ day of , 2001, personally appeared Charles D. Rubenstein, known to me to be the identical person who executed the within and foregoing document, and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person or entity upon behalf of which he acted executed the instrument for the uses and purposes therein set forth. GIVEN UNDER my hand and seal ofoffice the day and year last above written. MY COMMISSION EXPIRES: [SEAL] 3 SteveChutchian From: Washington, Angela [awashington@cowlesthompson.com] Sent: Thursday, October 04,20014:15 PM To: Steve Chutchian (E-mail);.jpierce@ci.rowlett.tx.us. Subject: Tarragon Brooks Tarragon's proposal includes the items listed below. please let me know immediately which ones you believe you can agree to and which ones are absolutely out. I have a meeting with their property management regarding this tomorrow. Thanks. Plj r5 .. 1. The 􀁾􀀱􀀸􀀠drivewy temporary construction easements expire ten days C. l.. 􀁾􀀠 after 􀁥􀁥􀁾􀁾􀁾􀀠of work. 2. Worksite will be cleaned up daily during the performance of ok. work. "to 3. Work to be completed no later 􀁴􀁨􀁡􀁮􀁾􀁤􀁡􀁹􀁳􀀠after work is 01(commenced. 4. Work must be performed between 8:00 a.m and 5:00 p.m. Monday through <"I ..J.. 􀀮􀀮􀀮􀀮􀀬􀁬􀀧􀁩􀁤􀀢􀁾􀀠, .::JiIf-(. 5. City will indemnify grantor, its affiliates and partners and respective officers, 􀁤􀁩􀁲􀁥􀁾􀁴􀁯s and 􀁾􀁬􀁯􀁹􀁥􀁥􀁳􀀠harmless from and against any 􀁾􀀠 and all 􀁬􀁯􀁳􀁳􀀬􀁾􀁬􀁩􀁡􀁢􀁩􀁬􀁩􀁴􀁴􀁹􀀠􀁾􀁷􀁨􀁩􀁣􀁨􀀠they may suffer or incur as a result of Grantee's entry onto the easement premises, the conduct of work thereon, and the operation of all facilities installed thereunder. 6. Grantee will notify Grantor at least 30 days prior to the commencement of work, and shall provide a schedule of work to Grantor's property manager at such time. 7. All work areas will be properly marked and secured. 8. A pre-construction meeting shall be held at the property between representatives of both parties. They also would like language stating that all work will be performed in a good and workmanlike manner and City shall immediately following the performance of any work, restore the easement areas, including landscaping, sprinklers, curbing and paving, to the same or better condition as tJtexisted prior to entry thereon by Grantee, and shall leave the easement area free of debris. This should not be a problem for the City. 1 Steve Chutchian From: Steve Chutchlan Sent: Tuesday, September 11, 20013:30 PM To: Michael Fortenberry; Jim Pierce Cc: Luke Jalbert Subject: Marsh Ln. Water Construction Alternatives Mike/Jim -At your convenience, we need to meet and discuss the three alternatives for construction of the Marsh Ln. water line project. Subsequent to our decision, we will get back to John Birkhoff and finalize the plans. Depending on the altemative(s) selected, a supplemental scope and fee proposal may be In order for John to complete the plans and specs. As per a discussion with Angela Washington on 9/6101, she was having difficulty completing negotiations with the property owner of the final parcel that requires an easement. steveC. 1 BR/25j2001 10:12 214-351-0204 ALICIA CARLINE PAGE "2VOl "Ii 􀁾􀁕􀁬􀀱􀁬􀀠Uti: Ott t,tlA. 617 tS25 .""" \,,-1__ ORVAL llALL EKe. lill002 06/24/01 09:41:04 11M PROPOSAL FOR Mal"$h Lan" Waterline open cut option FROM HALL 􀁁􀁌􀁂􀁧􀁾􀁔CONSTA:IICTION COMPANY 201 N.E. 29TH STRli.ET fORT WORTH, TX7B106 917·824·9391, FB17';;25-2941 p!2t;i,!NIT -2 i Ii 3 :If \-4rea Sfe" 􀁾􀀠i ,''rAa I•• 1 liS 􀁾􀀠l' iii 14re.nr iii •••• 􀁾􀀠r.f-I--f-.I1--.􀁾􀀠I 6" 􀀬􀀬􀁾􀁃􀀠w..., Ii... iiiM iON :iNS" I ""lVi""" ' Ga'" V.lves 􀁾􀁶􀁲􀁬􀀧􀀮􀁮􀀧􀀠' ",50 osi 􀀮􀁾􀁟􀀬􀀠4 :Plu" no 4' Q , line 1 􀁾􀀺􀁾􀁩􀁬􀁩􀁩􀁙766 ';',. S; 474, i 5.r :uri> 􀁲􀁾....c. , 1 P • ., 6 '"dl.n ' .. 1 T,ei\Ch S.fetv .' .. i .1 . .. . UNI1 􀁾􀀠41.( 􀁾􀀻􀀨),( 0O.,JI 􀁾􀀠􀁾􀀮􀀠2iI:OC 􀁾􀁯I " i . . j I 􀁾􀀠e 1 -S: iT. 􀁾􀀠, ,--, 􀁾􀀮􀀠3 􀁜􀀭􀁾􀀮􀀠􀁾􀁩􀁩􀀠11.37 ',01',;;","'ill: , . 8.000: I !l7D. -I -...I .-,-,.'TOTAL 263.177.50 2326.12a 08/25/2001 10:12 214-3&1-8284.....v "\"'-ALICIA CARLINE PAGE 03•• 􀀭􀁾􀀮􀀠_....... .. '" ....... JI 􀁾􀀮􀀢􀀮􀀮􀀠....... 􀁾􀀠 Vl\ ¥1\k....JlLj.LL nA.t.. )-.. ---141003 08124101 09:41:36 AM PROPOSAL FOR Marsh Lana Waterline Pipebur8t1ng Option FROM HALL ALBeRT CONBlRUCTION COI\!PANY 201 N.E. 29TH SiRFer FORT WORTH. 1)( 7e106 817·624-f391, Fe17.6Z$·2941 i-3,. 􀁾􀀠.UQ 􀁾􀀬􀀭24. 􀀱􀀬􀁾􀀵􀁃􀀠i 􀀬􀁾􀀠􀁾􀀮􀀠􀁾􀀬􀀠, !J 􀀸􀁾-930. 􀀭􀀭􀀭􀁾􀀭􀀭􀀭􀁾􀀭􀀭􀀭􀀭􀀭􀀭􀁾􀀠I--\---I-.---j--------.-----..,'-----1----"1 -----.---.__+'..__.._---1..1 ..__"__-11-I---I---·-j-􀁉􀁲􀀭􀁟􀀭􀀫� �􀁟􀀭􀁴􀀭􀀭􀀽􀁾􀀽􀀭􀀽􀀫􀀽􀀽􀀽􀀽􀀽􀀽􀀽􀀭􀀽--=1'===1====1 􀁾􀀭􀁾􀁲􀀭􀀽􀀭􀁾􀁾􀀽􀀽􀀽􀀭􀁾􀀺􀀺􀁴􀁾􀀺􀀺􀀺􀀺􀀽􀀽􀀺􀀺􀀽􀀽􀀺􀀺􀀽􀀽􀁾􀁾􀀺􀀺􀁾􀀧􀀭􀁲􀀭􀀭􀀭􀀭􀁲􀀬􀀭􀀭􀀭􀀭􀀭􀁴􀀽􀀽􀀽􀁴􀀺􀁾􀁴􀀽􀀺􀀺􀁾􀀽􀀽􀀡􀀬􀀽􀀽􀀽􀀽� �􀀽􀀽􀀽􀀽􀀽􀁾􀀭􀀽􀀺􀀺􀁾􀀮􀀺􀀺􀁾􀀭􀀽􀀽􀀽􀀭􀀭􀀭􀁾􀀭􀀭􀀭􀀭􀀭􀁾􀁾􀁾􀀮􀁾􀀭􀁴􀀽􀁾􀂷􀁾􀁾􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀁉._._+-_-+___--+____.__-------r---.-t--.--__ :----+------,-------.-.----,,+------.--jr--.-i 1-------f--------..------.-------.􀁲􀀮􀀽􀁾􀁾􀀴􀀽􀀽􀀭􀀢􀀭􀀭􀀭􀀭􀀭􀀭􀁲􀁲􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀁾􀀭----1"'--.I-'_..l.----rI--. ---I I ---r----__.l.+-.... ____----j-_. ___._ 'UIA!. 2328b.123 "'-"'_ JX 􀁩􀁾􀁯􀀠980.00 􀀮􀁾􀀠08/25/2a01 10:12 214-3G1-a204 ALICIA CARLINE PAGE 04􀀮􀁟􀀺􀀺􀁾􀀢,,"V1 V" 􀀺􀀭􀀢􀀭􀀢􀀭􀀢􀁾􀀧􀀡􀀮􀀺􀀡􀀮􀀮􀀮􀁾-, ':!.__ -.JIRVAL HALL EXe. Ii!J 004 08124101 09:35.07 AM PROPOSAL FOR Marsh Lane Waterline Directional Drill Option FI'O!IA HALL AUlERT CON$TRUCTtOIi COMPANY 201 N E. 29TH STREET FORTWORTH. TX 761011 617,624-9391. 􀁆􀁂􀀱􀀷􀁾􀀲􀀵􀂷􀀲􀀡􀀱􀀴􀀱􀀠UN U lION UNIT 􀀢􀀢􀀧􀁾􀁬􀀠􀁾􀀠I 􀁾􀁾􀁅􀀮􀀡􀀧􀁬􀀺􀀮􀀠Uti. 􀀬􀁾􀀡􀁟􀀬􀀠􀁲􀀭􀀭􀀫􀀧􀀭􀀭􀁔􀀭􀀭􀀭􀀭􀁾􀀢􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀢􀀭􀀭􀀭􀀭􀁲􀀭􀀭􀀭􀀭􀀭􀀧􀀭􀁲􀀭􀀭􀀭􀀭􀀭􀀭1---1----;------+-.-----.------;-----' r----'-􀁾􀀭􀁾􀀭􀀭􀀮􀁾􀀭􀀮􀀭􀀭􀀭􀁲􀁟..----'--------------r----'-r--r---t---I--'----.--'--'---. 􀀭􀀭􀀭􀁾􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀁩􀀭􀀭􀀭􀀭1----i---r------!----------------.-.r---,.-+_ ---􀁣􀀽􀂱􀀽􀁩􀀽􀀽􀀽􀀽􀁴􀀽􀀽 􀀽􀀽􀀽􀀽􀀽􀀽􀁾􀀺􀀽􀀽􀀫􀀽􀀽􀀽􀀽􀁴􀀭􀀭􀀭􀁾􀀠 􀁲􀀭􀂷􀀫􀀭􀀭􀁾􀀭􀀭􀀭􀀭􀀭􀀭􀀧􀀱􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀂷􀁟􀁲􀀭􀀭􀀭􀀭􀀭􀀭􀁲􀀭􀀭􀀭1----;---r----'--;-,---.-----------+-.----:------.--1 1--+--+-·--1-'------ ·-------t--·---I--..··--I1-'---+---+"-----I1-'---+---+"-----i'--.------------+---\--'--.1-:---·-+----􀁉􀀭􀀭􀁾􀀭􀀭􀁬􀀭􀀭􀀭􀀭􀀭􀀭􀁾􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀂷􀀭􀀭􀀭􀀭􀀭􀀭􀁾􀀭􀀭􀀭􀀭􀀭..-+----􀁴􀀺􀀺􀁪􀀽􀀽􀀺􀀱􀀽 􀀽􀁾􀀽􀀽􀀱􀁅􀀽􀀽􀀽􀀽􀀺􀀺􀀽􀀽􀀽􀀽􀀺􀀺􀀽􀀽􀀽􀀽􀀺􀀺􀀽􀀽􀀱􀀽􀀺􀀺􀀺􀀺􀀺􀀽􀁦􀀽􀀽􀁾􀀽􀀭􀁾􀁾 I--"I--ii----+.---,----.----'---j-------;--. 1-.--1:----i----· --+-------.------.-+-----1·--'---\t---I--f----+---- -------.--. ---t-------;-----..-1 -r----.---t-----._-\-._-,-,'UTAL 232Bdd.123 09/25/2081 le:12 214-361-0204 ALICIA CARLINE ,, BIRKHOFF, HENDRICKS & CONWAY, L.L.P. CONSULTING ENGINEERS Dallas, T..... 7S231 Fax (214) 361·0204 Phon. (214) 361-7900 FAX TRANSMISSION COVER SHEET Pax Number' 972-4SG·Z&37 From: Jo1m W,Birkhoff,PE, Number ofPages Transmitted (including this one) Date: August 24, 200l4 To: Mr. Steve Chutchian, P.E. Costing information from Phillip Stephenson of Ball Albert (817-624-9391) He added in a cost for directional bore of project I like the directional bore option better than the pipe bursting. Open cut and directiQnal bore keeps fire protectiOl1 and water service in tact during o')nstruction. Let me know your thoughts. 08/25/2001 10:12 214-361-0204 ALICIA CARLINE PAGE 02VOI<."vv, 􀁖􀁾􀀺􀀠􀁾􀁾􀁟􀁕􀁟􀀷__62_'5_ 1",10..-_ ORVAL HALL EIe. IiiI002 " 08124J01 09:41:04 AM PROPOSAL FOR Mal'$h Lane Waterline open cut option FROM HALL ALBE;m CONstRUCTION COMPANY 201 N.E. 29TH STFUiET fORTWO·RTH. TX78106 817·624-9391. 􀁆􀀸􀀱􀀷􀀮􀁑􀀲􀁾􀀲􀁐􀀴􀀱􀀠l·fTEb 'UNIT /If III 3.11 41ea illea i •• ,.. loa ! rtis ea w I•• iii '" 1 Ie. ,.a flO , ,.--=I I-, l/--.1--' ·20 􀀲􀁾, 􀁾􀀠9' 47 54 6 1 1 ine ;0'" '", S"..atar line GaleV.,ves !S" Gate Ifife 􀁾􀀠􀁩􀁾"'50 poi ••"'" In.,. 􀁾􀁲􀁬􀀮􀁖􀀠;urb 11'0.( I Indian 􀁾􀀺􀁓􀀮􀁦􀁥􀁴􀁶􀀠. .. . . . ," .. ... UHf COST TOTAL O!> 􀀭􀁾􀀠6 J23. 41. 􀁾􀀮􀁾1.150,143'1 􀁾􀀠f 475.M· • 87500 .'·,fall ... .'i,24.( 􀀿􀁾􀀬􀀠1; ,;:;; 1. B. .00 􀀵􀀲􀁾' • min .flo B7ft 00 , ., '..,...." .-".TOTAL 203,177.50 2326.123 . --1 08/25/2001 10:12 214-351-02a4 .. .... '* .. ,. ....y ....... • 􀁾...... u .........", "" ALICIA CARLINE VJ\YAk....!l.l)LL CAl.. • PAGE 03'--􀁾􀁯􀁯􀁡􀀠08124101 09:41:3IlAM PROPOSAL FOR Marsh Lane Waterline Plpeburstlng Option FROM HALL ALBERT CONIITRUCTION COl!/lPANY 201 II.E. :l.9TH STREET FORT WORTH. 'IXTe10S e17·624.f391. 􀁆􀁥􀀱􀀷􀀮􀀶􀁾􀀵􀀭􀀲􀀹􀀴􀀱􀀠I--_.:I__r____·;-___ --.--_.__ __ __.. 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PAGE 84 .-..........-.-------'---121 004 , 08124101 09:35:07 AM PROPOSAl-FOR Marsh Lane Waterline Directional Drill Option Ff{OM HAlL ALBERT CONGTRUCnON COMPANY 201 N,E. 29TH STREET FORT WORTH, iX761ot! 817.624-9391, 􀁆􀁂􀀱􀀷􀀭􀁓􀀲􀁾􀀭􀀲􀀹􀀴􀀱􀀠.-i-----t---􀁾􀁴􀀽􀀫􀀽􀀽􀀽􀁾􀀽� �􀀽􀀽􀀽􀀽􀀽􀀽􀀽􀀽􀀽􀀫􀀽􀀽􀀽􀀫􀀭􀀭􀀭􀀽􀀠􀁲􀀭􀁾􀀭􀀫􀀭􀀭􀀭􀀭􀀭􀀧􀀱􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀱􀁉􀀭􀀭􀀭􀀭􀀭􀁾􀀭􀀭􀀧􀀭􀀭􀁾􀀺􀁪􀀽􀀽􀀺􀁪􀀽􀀽􀀽􀁩􀀽􀀽􀀽􀀽􀀧􀀽􀀭􀀭􀀭􀀭􀀭----1--,---1-------1t 􀀭􀀭􀀭􀀮􀀭􀀭􀀭􀀭􀀭􀀭􀁾􀀭􀀭􀀭􀀭􀀭.._r-----􀁾􀀺􀀺􀀴􀁾􀀭􀀧􀀭􀀭􀁲􀀭􀁲􀀭􀀭􀀭􀀭􀀭􀁲􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀱􀀷􀀭􀀭􀀭􀀭􀀭􀁾􀀱--___􀁉􀀭􀀭􀁾􀀭􀀭􀀫􀀭􀀭􀀭􀀭􀀭􀀫􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀬􀀭􀀭􀀭􀀭􀁟􀁴􀀭􀀭􀀭􀁟� �􀁟􀀭􀀭􀀭􀀮􀀭􀁾􀀭􀀭􀁴􀀭􀀭􀀭􀂷􀁨􀀭􀀭􀀭􀀭􀀭􀀴􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀁟􀁟􀁴􀀭􀀭􀀭􀀭􀀭􀀫􀀭􀀭􀀭􀀭􀀭􀂷􀀭􀁉􀀭􀀭􀀭􀀫􀀭􀀮􀀭􀁴􀀭􀀭􀀭􀀭􀀭􀀫􀀮􀁾􀀭􀀮􀀭􀀭􀀮􀀭􀀭􀀧􀀭􀀭􀁾1---. -:+--.-I---t--i-----1----,-- -----'---1---_.-r----. -===1==-==...TOTAL " " 2326dd.123 ," il', A tsT Df t;' 􀁾􀀮􀀦􀀠II'I Ii: ' ..... ?$ T /,p f/lPe ,' iii 􀁆􀁻􀁾􀀠/-4 T-€"cfl"/'V-,1 I! Ii l.vfL.( J;,<: ;'I;II,i'jII' :' ! I Ii ,II TOWN OF ADDISON .. '.: ." •... PAYM.E;" 􀁾􀁕􀀧􀁦􀁈􀁾􀁒􀁉􀁚􀁁T/ON 􀁍􀁅􀁍􀀡􀁊􀁾􀀺􀀡􀁮􀀮􀁾􀀬..􀀺􀀮􀁾􀀦􀀧􀀬􀀮􀀡•.􀁦􀀻􀀮􀁾􀀬􀀻􀀺􀀮􀀧􀀵􀀻􀀮􀀺􀀬..􀀻􀁾􀁴􀀮􀀱􀀠..,M.;,􀁾􀀮􀀻􀀺.....􀁾􀀮􀀺􀀠.....􀂷􀀬􀁾􀀺􀀮􀁧􀀠. . .·DATE:' :. " . t/6fr;f' ····Clalm'·.:: .... ' 􀁣􀁨􀁥􀁣􀁾􀀤􀀮.•􀀬􀀮􀀡􀁴􀀺􀁚􀀳􀁾􀁊􀁾􀁴􀀻􀀺.. . ... ....... :..•.. ..,.; ;". . 􀂷􀁾􀂷􀁾􀁾􀂷􀁾􀀿􀂷􀁾􀁾􀀧􀁾􀁔􀀿􀁴􀁓􀁾􀀴􀁦􀀬􀁜􀁾􀁊􀁃􀀠" . . ".-..􀀬􀀭􀀮􀀻􀀬􀀺􀁾􀀠-; -􀀭􀁟􀀬􀀺􀁖􀀢􀁾􀀺􀀮􀁾􀀻􀂷􀂷􀀭􀂷􀂷􀀺􀁾'.' Ven!:l0rNo:.· ':'. ,. ,. .' ........ '.' ,. ':"': ' '. ". .' Vendo'j-Name PitT '. 􀁩􀁬􀁁􀀶􀀧􀁾􀁅􀁾􀁪􀁲􀀭􀂷􀁾􀁾􀁾􀁍􀀻􀁦􀀻􀂷􀁪􀁾􀂷􀀧􀀺 􀀻􀀭􀀢􀂷􀂷􀀺􀀠. ',' .. Address' . c/t' CA'"'1 fSEU. CtJ<"'1 (?'/(Vr tJF' Pllu)f:"ItVC . 'Address Ie 475" PA?-?A.5 (/1tR.KI1.rA,P·/􀁓􀀢􀁩􀀬􀀮􀁉􀁔􀁴􀀻􀀷􀁾􀁴􀁐􀀠Address , Zip Code . _____7:.--S._a'J_/'- --.:..___ .,' '. ,.,. . ; l 􀀮􀁾􀀠=. 􀁾􀀠.' EXPLANATION R(({{(T-;'''F-Mf-: j!-ct{?WJ/17°/V Dr .MT ,'.. , . • # " •• , • " '. '. ekL : .! t. 􀀻􀁾􀀠􀁾􀁾􀀮􀀠􀁾􀀮􀀠-i:" 􀁾􀀽􀀭􀀭􀀭􀀭􀀭􀀭􀀡􀀺􀀢􀀠.Authorize d Signature finance , " STATEMENT August 3, 2001 Mr. Mike Murphy City Engineer Town ofAddison For real estate consulting provided to the Town ofAddison from May 31, 2001 to luly 31, 2001. Arapaho Road Extension Six (6) Hours dSfP Meeting (5/31) with Jim Pierce, Mike Murphy, and Steve Chutchlan. Conversation with Angela Washington's secretary Cathy Lippe. Talked with Michael Peinado about status ofAMB property. Conversations with Angela about AMB acquisition. Received documents and delivered to Michael Peinado. Received comments back from AMB attomey and followed up with Angela. Conversations with Funfest representative (AMF) and Racetrac real estate personnel. Follow up conversation with Angela Washington; Meeting with Joel Halverson on new right tum lane off Marsh. Conversations with Engineering .Department staff. Received new plan and delivered to Joel. Follow up conversation. Additional conversation with Joel. Conversation with Jerry Rider ofTXU. Received and forwarded fax to Angela. Called Steve Chutchlan. II (]...?Addison Addison Road -Keller Springs Two and one-half (2 y.) Hours If z, Meeting with Mike Murphy, Ken Dippel, Jim Pierce and Luke Jalbert concerning acquisition ofproperties for Arapaho Road and Addison Road. Discussedacquisition ofKeller Springs ROW from Mary Kay Cosmetics. Conversations with Dennis Callander and Charles Salazar about Metro Brick property. Sent letter from City Manager to Salazar. Called Kim Forsythe's office about similar acquisition and delivered letter. Conversation and follow up with Brad Moore ofMary Kay. Town ofAddison Statement Page 2 Marsh Lane Waterline Hours not billed on May 31,2001 invoice. Six (6) Hours PSW'cU Fourteen and one-half (14 %) Hours at $85.00 per hour............................... .....$1,232.50 Please remit to: Pat Haggerty Company, Inc. clo Campbell Company ofDallas. Inc. " ',16475 Dallas Parkway. Suite 700 Addison, TX 75001 ' d.j:::. -f.o FAy >2c s17/e-1 C:lPatlrown of AddisoniinvoicW4llrev0531.doc Steve Chutchian To; Jim Pierce Cc; Michael Murphy; Luke Jalbert Subject: Marsh Ln. Water Main Replacement Jim -I talked with Angela Washington, with Ken Dippel's office, regarding the status of the acquisition of permanent and temporary construction easements from the remaining tract along Marsh Lane. She indicated that final revisions to the legal terminology in the easement documents should be completed very soon. Accordingly, John Birkhoff was contacted and advised of the need to complete the engineering plans and specifications for bidding as-soon-as-possible. It is possible to have this project out for bids in August 2001. Thanks. Steve C. 1 1-9010 􀁛􀀱􀁾􀁵􀁵􀁾􀁛􀁒􀀿􀀠@[P 􀀧􀁛􀁪􀀧􀁛􀁒􀀿􀀦􀁉􀁽􀀻􀀡􀁝􀁾􀁬􀁋􀁍􀁄􀁵􀁵&[1 jN JOBNa. !!!!!!!!!!.. :ngineering '.0. Box 9010 '-2871 • Fox: {972} 45()'2837 DATE -/-0 ATTENTION RE: 􀁾􀁄􀁉􀁎􀁇􀁙􀁏􀁕􀀠􀁾� �􀁥􀁤􀀠o Under separate cover via ______ the following items: 19S o Prints o Plans 0 Samples 0 Specifications 0 ___________________________o Change order NO. 􀁾􀁎􀁓􀁍􀁉􀁔􀁔􀁅􀁄􀀠as checked below: .1 0 Approved as submitted o Resubmit _____ copies for approval o Approved as noted o Submit copies for distribution d o Retumed for corrections o Return corrected prints Indcomment 0 ___________________________ __________________ 􀀱􀁾____ o PRINTS RETURNED AFTER LOAN TO US If enclosures are not as noted. please -. _. '.' -. 􀁾. .. BIRKHOFF, HENDRICKS & CONWAY, L.L.P. CONSULTING ENGINEERS The Town ofAddison entered into an agreement with Shimek, Jacobs & Finklea, L.L.P., to provide engineering services for the following projects: • Marsh Lane Water Line • Special Events District • Broadway Paving & Drainage • Townhall Waterfall • TNRCC Waiver • Addison RoadlBent Tree Plaza Pkwy. • Easement Park • Addison Road Paving & Drainage • Surveyor Ground Storage Reservoir Shimek, Jacobs & Finklea, L.L.P. changed its name to Birkhoff, Hendricks & Conway. L.L.P. on May 28,2001, and changed its address to 7502 Greenville Ave., Suite 220, Dallas, Texas 75231. We hereby request that the existing contracts for Engineering Services for the above referenced projects be transferred to Birkhoff, Hendricks & Conway, L.L.P. Ifthis.request is agreeable to the Town ofAddison, please have one copy ofthis Letter Amendment executed for the Town ofAddison and returned to this office. . Sincerely yours, 􀀨􀀩􀁾􀁉􀁶􀁾􀀠:: . John W. Birkhoff, P.E. JOHN W. BIRKHOFP. P.E. RONALD V. CONWAV. P.E. ClARV C. HENDRICKS. P.E. JOE R. CARTER, P.E. PAULA. CARlINE. P.E. MATT HlCKEY. P.E. ROSS I.. JACOBS, P.E. I. C. FlNKLEA. P.E. Mr. James C. Pierce, Jr., P.E., DEE City Engineer Town ofAddison PosrOffice Box 9010 Addison, Texas 75001-90 10 Re: Amendment to Contracts for Engineering Services Dear Mr. Pierce: 7502 Greenville Ave., #220 Dallas, Texas 7523! Fax (214) 361-0204 Phone (214) 361-7900 June 14, 2001 Dat."'·.-L-__ b_....:..1_9_<:9--=-I_______ BIRKHOFF, HENDRICKS & CONWAY, L.L.P. CONSULTING ENGINEERS 7502 Greenville Ave., #220 Dallas, Texas 75231 Pax (214) 361-0204 Phone (214) 361-7900 JOHN W. BIRKHOFF, P.E. RONALD V, CONWAY,P.E. GARY C. HENDRICKS, P,E. JOE it. CARTER, P.E. PAUL A. CARllNE. p.E MATI HICKEY, P.E. June 15, 2001 ROSS [. lACOBS, P.Ec I. C. FINKLEA, P.E. Mr. Steven Z. Chutchian, P.E. Assistant City Engineer P. O. Box 9010 c?1V 7H-e 9 £ a;. -P''*nz:r /F U::f! k-Ai.Dear Mr. Chutchian: 7H:"'I TZ' t(e 7lftfI? & ..a We are enclosing three sets ofthe current set of preliminary construction plans for the Marsh Lane Water ' V Line and the Brookhaven Club Sanitary Sewer Line project. The sewer line has been revised to keep the 􀁾􀁾􀀠proposed line within the existing easement and to line the existing line. Please review sheet 8 ofthe (' construction plans for easement requirements. A temporary construction easement will be required from the . apartment complex as well as from Jot 20 Block B oflhe Wooded Creek Estates Addition in the City of Farmers Branch. The proposed manhole at station 13+59.39 may require a permanent easement from Brookhaven College. I recommend we meet with Brookhaven College prior to proceeding with such an easement description, On sheet 11 ofthe construction plans a point repair will need to be made on the existing line to replace a sag in the line where the camera went under water, To make such a repair the Town may consider a temporary construction easement to make the repairs within their permanent easement. Once you have had an opportunity to review the plans and easement requirements, notif'y us ofthe type of easements the Town desires to obtain. We are available at your convenience to discuss any questions you may have With the enclosed plans. Enclosure -. BIRKHOFF, HENDRICKS & CONWAY, L.L.P. CONSULTING ENGINEERS 7502 Greenville Ave., #220 Dallas, Tex.. 75231 Fax (214) 361·0204 Phone (214) 361·7900 JOHN W, BIRKHOfF, ?a RONALD V. CONWAY, p.E. GARY C. HENDRICKS. P.E. JOElt CARTER. P.E. PAUL A. CAR.L1NE, P.E. MAn HICKEY. P.E. June 15,2001 ROSS.l-JACOBS. P.E. LC. FINKLEA, P.E. Mr. Steven Z. Chutchian, P.E. Assistant City Engineer P. O. Box 9010 Addison, Texas 75001·9010 Re: Marsh Lane Waterline Brookhaven Club Sanitary Sewer Line Dear Mr. Chutchian: We are enclosing three sets of the current sct ofpreliminary construction plans for the Marsh Lane Water Line and the Brookhaven Club Sanitary Sewer Line project. The sewer line has been revised to keep the proposed line within the existing easement and to line the existing line. Please review sheet 8 ofthe construction plans for easement requirements. A temporary construction easement will be required from the apartment complex as well as from lot 20 BlockB of the Wooded Creek Estates Addition in the City of Farmers Branch. The proposed manhole at station 13+59.39 may require a permanent easement from Brookhaven College. I recommend we meet with Brookhaven College prior to proceeding with such an easement description. On sheet II ofthe construction plans a point repair will need to be made on the existing line to replace a sag in the line where the camera went under water. To make such a repair the Town may consider a temporary construction easement to make the repairs within their permanent easement. Once you have had an opportunity to review the plans and easement requirements, notify us of the type of easements the Town desires to obtain. We are available at your convenience to discuss any questions you may have with the enclosed plans. John W. Birkhoff, P.E. Enclosure • 􀁾􀁏􀁗􀁌􀁅􀁓􀀠&THOMPSON A Professio-nal Corporation ATTORNEYS AND COUNSELORS ANGELA K. WASHINGTON 214.61%.2144 AWASHlNGTON@COWLESTHOMPSON.COM June 8, 2001 VIA HAND DELIVERY Steve Chutchian Town ofAddison P.O. Box 90 I 0 Addison, TX 75001-9010 Dear Steve: Enclosed please find an executed Temporary Construction Easement for the Davister Greenbrook Corporation property in connection with the Marsh Lane waterline project. As you will note on Page 1 of the document, Ronald Akin deleted the word negligent from the indemnification paragraph. We have evaluated this amendment and do not believe that it has any significant effect in this situation. If you have any questions or wish to discuss this matter, please do not hesitate to call. Sincerely, 􀁾1<. or('􀀭􀁾􀁐􀀮􀀯􀀠) Angela K. Washington AKW/yjr Enclosure c: Pat Haggerty, w/CampbeIJ Company Ken Dippel, w/finn John Hill, w/finn '. 􀁾􀁏􀁬􀀠MAIN STREET SUITE 4000 DALLAS, TEXAS 75202»3793 DALLAS T Y l E R McKINNEY TEL 2.14.672.2000 fAX 214.672.2020 TEMPORARY CONSTRUCTION 􀁅􀁾􀁓􀁅􀁍􀁅􀁎􀁔􀀠STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF DALLAS § THAT DAVISTER GREENBROOK CORPORATION, hereinafter called GRANTOR ofthe County of Dallas, State of Texas, for and in consideration of the sum of ONE DOLLAR ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does by these presents grant, sell and convey to the Town of Addison, hereinafter called GRANTEE of the County of Dallas and State of Texas, a temporary easement and right to pass over, along, under and across a portion (the "Easement Area") of GRANTOR's property, which easement and right ofpassage is shown and depicted on EXHIBIT E, attached to and incorporated herein, for the purpose of constructing a water line. The Easement Area is described as follows: See attached EXHIDIT A, which is made a part of this deed as if fully copied herein. This temporary construction easement shall only be used by GRANTEE and its contractors in connection with the construction and installation of a water line within the public street and right-of-way adjacent to the Easement Area. GRANTEE shall replace any landscaping, paving or striping removed by GRANTEE during sald construction and otherwise restore the Easement Area to the condition that existed before the construction ofthe water line. antee shall indemnify and hold harmless Grantor against any and all liability, actions, ction, damages, claims, lawsuits, judgments, costs and expenses for personal injury or age suffered by any person to the extent that such iI\iury or damage may be caused by any act of Grantee in connection with Grantee's use of the easement area; provided, however, that such indemnity is provided by Grantee without waiving any immunity that it may be entitled to, and further, such indemnity is subject to and shall not exceed the monetary limitations of damages as set forth in the Texas Tort Claims Act. In providing this indemnity, Grantee is not waiving any defense afforded by federal or Texas law, and this indemnity is solely for·the benefit of Grantor and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. This temporary easement shall terminate 24 months from the date of the Notice to Proceed with construction and installation of the waterline under the construction contract for such waterline, or upon the completion of the construction and installation of the water line, whichever is earlier. . TO HAVE AND TO HOLD unto the Town of Addison, Texas as aforesaid, for the pUlposes and on the conditions set forth hereinabove, the easement and Easement Area described above. 1 EXECUTED this '2S dayof 􀀭􀁬􀁦􀁦􀀧􀁜􀁖􀁜􀁊􀁾􀁾􀁟􀀬􀀲􀀰􀀰􀀱􀀮􀀠STATE OF TEXAS § COUNTY OF DALLAS § c1EFORE ME, the undersigned notary public in and for said county and state, on this ':)> day of 􀀱􀀺􀀿􀀧􀀷􀁾-= ' 2001, personally appeared 􀁦􀁜􀁬􀀺􀀻􀁾􀀱􀁤􀀠r: i4k:/} , known to me to' be thelentical person who executed the within and foregoing docwnent, and acknowledged to me that he executed the saine as his free and voluntary act and deed, for the uses and purposes therein set forth. GIVEN UNDER my hand and seal ofoffice the day and year last above written. MY COMMISSION EXPIRES: 􀀧􀀡􀀢􀀧􀂮􀁾􀀧􀀢􀀢􀀧􀀧􀀧􀀧􀀡􀀡􀁍􀁅􀁌􀀧􀀧􀀧􀁉􀁓􀀧􀀧􀁁􀀧􀀧􀁗􀀧􀀧􀁁􀀧􀀧􀁌􀀧􀀧􀁌􀁅􀀧􀀧􀁒􀀧􀀧􀀧􀀧􀀧􀀧􀀧􀁉􀀠i MY COMMISSION EXPIRES . JUNE 􀁾􀀮􀀠2004􀁾􀁥􀁴􀀢􀁊?OO 􀁾􀀠Services to separetefthe plans and te lI'lodifj the sewer line includes the following: yiP: Y?"I 1. Realign the sanitary sewer line minimizing easement requirements. 2. Preparing plan sheets for rehabilitation ofthe existing sewer line to connect it to a service line for the. adjacent apartments and townhouses. 3. Prepare rehabilitation specification. 4. Meet with City to review revised plans and make required revisions. 5. Rework quantity takeoff to include expanded sewer work. 6. Rework phasing plan. Date: _---===--=_.....!....---=:........!._________ Mr. Steven Z. Chutchian, P.E. Town ofAddison 2/26/01 Page No.2 of 2 We propose to be compensated for our services to expand the bid and construction administration phases and modify the sewer plan based on a salary cost times a multiplier of2.4 with expenses times 1.10. We request an additional $5,570.00 be added to our contract for these services. lfyou are in agreement with our amendment, please have one copy ofthis letter agreement signed by the Town ofAddison and returned to our office. We will commence our services upon your request. We are available at your convenience to discuss any questions you may have with our proposaL Sincerely, 􀁃􀀩􀁊􀁷􀀨􀀳􀁾􀂷􀀠John W. Birkhoff, P.E. TOWN OF ADDISON By: 􀀭􀀭􀀬􀀲􀀮􀀺􀁴􀀺􀀺􀀺􀀺􀀧􀁦􀀴􀁦􀀭􀁾􀁾􀀽􀀭􀀭􀀭􀀭􀀭 II SHIMEK, JACOBS & FINKLEA, L.L.P. CONSULTING ENGINEERS I , I! 8333 Douglas Avenue, #820 Dallas, Texas 75225·5816 Fax (214) 361·0204 Phone (214) 361·7900 RONALD V. CONWAY. P.E. JOHN w. BJRKHOFF, P.E. JOE R. CARTER, P.E GARY C. HENDRICKS, P.E, PAUL A. CARLINE, P,E. MATI mCKEY, P,E, February 14,2001 ROSS L, JACOBS, P.E. L C. FINKLEA. PoE Mr. Steven Z. Chutchian, P.E. Assistant City Engineer Town of Addison Post Office Box 90 I 0 Addison, Texas 75001-9010 Re: Marsh Lane Water Line Brookhaven Club Sanitary Sewer Line Dear Mr. Chutchian: Our original scope ofservices for the preparation ofplans and specifications for the Marsh Lane Waterline and Brookhaven Club Sanitary Sewer Line included bidding the two projects together. The Town has directed us to separate the two projects into two bidding packages, to expand our services for the bidding phase of the project and to modify the sanitary sewer plans with a new alignment and to specify rehabilitation on the existing line converting it to a service line. The expanded services for the bidding and construction phases include the following: I. Fax notice of project to contractors experienced in utility work. 2. Sell construction documents to potential bidders and suppliers 3. Provide construction documents to construction publishers and plan houses. 4. Prepare and distribute by filx Addenda on the project to plan holders with confmnation from contractors ofreceipt. Non receipt will activate a mailing of the Addenda. Services to separate the plans and to modify the sewer line includes the following: 1. Separate plan sheets, prepare cover sheet, renumber sheets 2. Prepare separate set ofspecifications, edit special conditions. 3. Prepare rehabilitation specification. 4. Prepare revised and expanded proposal and bid schedule. Mr, Steven Z, Chutchian, P,E. Town of Addison 2/14/01 Page No, 2 5. Meet with City to review revised plans and make required revisions, 6, Rework quantity takeoffto include expanded sewer work 7, Rework phasing plan, We propose to be compensated for our services to complete two bid and construction administration phases will be on the same scope outlined in the original contract and modified above, We propose to maintain the compensation established for the bid phase and construction phase for each bidding project. That compensation is a lump sum amount of$2,086,00 for each bid phase and $3,337.60 for each construction phase for an added contract amount of$5,423.60, Services required to separate the projects and to modifY the sanitary sewer plans will be based on a salary cost times a multiplier of2.4 with expenses times !.l0, A budget of $4,070.00 is established for separating the plans and a budget of$4,760.00 is established for modifYing the sewer plans and rehabilitating the existing line, The total additional amount to complete two separate projects as outlined is $14,253,60, Ifyou are in agreement with our amendment, please have one copy of this letter agreement signed by the Town ofAddison and returned to our office. We will commence our services upon your request. We are available at your convenience to discuss any questions you may have with our proposal. Sincerely, 􀁃􀀩􀁾􀁷􀀨􀀵􀁾􀀠John W, Birkhoff; P.E, APPROVED FOR THE TOWN OF ADDISON By: ___________________________ Date: _______________ 􀁓􀁈􀁉􀁍􀁅􀁾JACOBS & FINKLEA, L.L.P. CONSULTING ENGINEERS I 8333 Douglas Avenue, #820 Dallas, Texas 75225-5816 Fax (214) 361-0204 Phone (214) 361-7900 L__........􀁾􀀠 RONALD V. CONWAY, P,E. JOHN W. BIRKHOFF, P,E. JOER. CARTER. P,E. GARY C. HENDRICKS. P.E. PAULA. CARLINE, P,E. MATI H1CKEY, P.E February 14, 200 I ROSS L. JACOBS, P.ll I. C FINKLEA, P,E. Mr. Steven Z. Chutchian, P .E. Assistant City Engineer Town ofAddison Post Office Box 90 I 0 Addison, Texas 75001-9010 Re: Marsh Lane Water Line Brookhaven Club Sanitary Sewer Line Dear Mr. Chutchian: Our original scope ofservices for the preparation ofplans and specifications for the Marsh Lane Waterline and Brookhaven Club Sanitary Sewer Line included bidding the two projects together. The Town has directed us to separate the two projects into two bidding packages, to expand our services for the bidding phase of the project and to modifY the sanitary sewer plans with a new alignment and to specifY rehabilitation on the existing line converting it to a service service line. The expanded services for the bidding and construction phases include the following: 1. Fax notice of project to contractors experienced in utility work. 2. Sell construction documents to potential bidders and suppliers 3. Provide construction documents to construction publishers and plan houses. 4. Prepare and distribute by fax Addenda on the project to plan holders with confirmation from contractors ofreceipt. Non receipt will activate a mailing ofthe Addenda. Services to separate the plans and to modifY the sewer line includes the following: I. Separate plan sheets, prepare cover sheet, renumber sheets 2. Prepare separate set ofspecifications, edit special conditions. 3. Prepare rehabilitation specification. 4. Prepare revised and expanded proposal and bid schedule. ]:\Addison\6160\L\mnrshamel'ld.doc \ Mr. Steven Z. Chutchian, P.E. Town ofAddison 2/14/01 Page No. 2 5. Meet with City to review revised plans and make required revisions. 6. Rework quantity takeoffto include expanded sewer work. 7. Rework phasing plan. We propose to be compensated for our services to complete two bid and construction administration phases will be on the same scope outlined in the original contract and modified above. We propose to maintain the compensation established for the bid phase and construction phase for each bidding project. That compensation is a lump sum amount of$2,086.00 for each bid phase and $3,337.60 for each construction phase for an added contract amount of$5,423.60. Services required to separate the projects and to modify the sanitary sewer plans will be based On a salary cost times a multiplier of 2.4 with expenses times 1.10. A budget of$4,070.00 is established for separating the plans and a budget of$4,760.00 is established for modifying the sewer plans and rehabilitating the existing line. The total additional amount to complete two separate projects as outlined is $14,253.60. Ifyou are in agreement with our amendment, please have one copy ofthis letter agreement signed by the Town ofAddison and returned to our office. We will commence our services upon your request. We are available at your convenience to discuss any questions you may have with our proposal. Sincerely, 􀁃􀀩􀁊􀁶􀀵􀁾􀀠John W. Birkhoff, P.E. APPROVED FOR THE TOWN OF ADDISON By: Date: ________________ SHIMEK, JACOBS & FINKLEA, L.L.P. CONSULTING ENGINEERS 8333 Douglas Avenue, #820 Dallas, Texas 75225-5816 Fax (214) 361-0204 Phone (214) 361-7900 RONALD V. CONWAY. P.E. JOHN W. BJRKHOFF, P.E. JOE IL CARTER, H. GARY C. HENDRICKS, P.E. PAUL A. CARLINE. P.E. MATI ffiCKEY, P.E. February 5, 2001 ROSS L. JACOBS. P.E. I. C FINKLEA. P.E. Mr. Steven Z. Chutchian, P.E. Assistant City Engineer Town ofAddison Post Office Box 90 I 0 Addison, Texas 75001-9010 Re: Marsh Lane Water Line Brookhaven Club Sanitary Sewer Line Dear Mr. Chutchian: Our original scope ofservices for the preparation ofplans and specifications for the Marsh Lane Waterline and Brookhaven Club Sanitary Sewer Line included bidding the two projects together. The Town has directed us to separate the two projects into two bidding packages, to expand our services for the bidding phase ofthe project and to modify the sanitary sewer plans with a new alignment and to specify rehabilitation on the existing line converting it to a service line. The expanded services for the bidding and construction phases include the following: 1. Fax notice ofproject to contractors experienced in utility work. 2. Sen construction documents to potential bidders and suppliers 3. Provide construction documents to construction publishers and plan houses. 4. Prepare and distribute by fax Addenda on the project to plan holders with confirmation from contractors ofreceipt. Non receipt will activate a mailing ofthe Addenda. Services to separate the plans and to modify the sewer line includes the following: 1. Separate plan sheets, prepare cover sheet, renumber sheets 2. Prepare separate set ofspeCifications, edit special conditions. 3. Prepare rehabilitation specification. 4. Prepare revised and expanded proposal and bid schedule. 2/5/01 Mr. Steven Z. Chutchian, P.E. Town ofAddison Page No. 2 5. Meet with City to review revised plans and make required revisions, 6. Rework quantity takeoffto include expanded sewer work. 7. Rework phasing plan, We propose to be compensated for our services to complete two bid and construction administration phases will be on the same scope outlined in the original contract and modified above. We propose to maintain the compensation established for the bid phase and construction phase for each bidding project. That compensation is a lump sum amount of$2,086.00 for each bid phase and $3,337.60 for each construction phase for an added contract amount 0£$5,423.60. Services required to separate the projects and to modifY the sanitary sewer plans will be based on a salary cost times a multiplier of2.4 with expenses times 1.10. A budget 0£$4,800.00 is established for separating the plans and a budget of $4,760.00 is established for modifYing the sewer plans and rehabilitating the existing line. The total additional amount to complete two separate projects as outlined is $14,983.60. Ifyou are in agreement with our amendment, pleaSe have one copy ofthis letter agreement signed by the Town ofAddison and returned to our office. We will commence our services upon your request. We are available at your convenience to discuss any questions you may have with our proposal. Sincerely, 􀁗􀁖􀀶􀁾􀀠John W. Birkhoff, P.E. APPROVED FOR THE TOWN OF ADDISON By: ___________________________ Date: ________________ PERMANENT WATER LINE EASEMENT AND TEMPORARY CONSTRUCTION EASEMENTS STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF DALLAS § WHEREAS, Tarragon Brooks L.P. Property Trust ("Grantor") is the Owner of certain property descnbed in Exhibit A. attached hereto and made a part hereof for all purposes; and WHEREAS, the Town ofAddison, Texas ("Grantee") is constructing a water line in and through a certain portion ofsaid property, and adjacent to certain other portions ofsaid property; and WHEREAS, in connection with the construction of the water line, it is necessary to provide fur a permanent easement in and through a certain portion of said property, and to provide fur temporary construction easements over and across certain other portions of said property; NOW, TBREFORE, for and in consideration of the sum of TWELVE THOUSAND DOLLARS ($12,000.00) and other good and valuable consideration to Grantor in hand paid by Grantee, the receipt and sufficiency of which are hereby acknowledged, Grantor does by these presents Grant, Sell and Convey unto Grantee: 1. A permanent easement to construct, maintain, replace and repair a water line across, over, under and through that real property shown and depicted on Exhibit B, attached to and incorporated herein, and described in Exhibit A. 2. Two temporary construction easements fur the purpose of passing over, along, under and across that real property shown and depicted on Exhibit B, and descnbed in Exhibit A. The said temporary construction easements shall only be used by Grantee and its contractors in connection with the construction and installation of the water line within the permanent easement granted in Paragraph 1 and the public street and right-of-way adjacent to the temporary construction easements. The temporary construction easements may be used only during, and shall terminate and expire upon the completion of the construction of the water line. Grantee shall restore the temporary construction easement areas to the conditions that existed before the construction ofthe water line. TO HAVE AND TO HOLD the above-described rights-of-way in and to said premises with the right of ingress and egress thereto together with all and singular the rights and hereditaments thereunto in anywise belonging unto the Town of Addison and its successors and assigns forever, and Tarragon Brooks 1.P. Property Trust, do hereby bind their heirs, successors, 1 assigns, executors and administrators to defend all and singular said premises unto the Town of Addison, its successors and assigns against every person whosoever lawfully claiming or to claim the same or any part thereof EXECUTED this ___day of_______, 2001. GRANTOR TARRAGON BROOKS, L.P. By: Vinland Oakbrook, Inc., General Partner By: 􀁃􀀽􀁨􀁡􀁲􀁾􀁲􀁥􀀭􀁳􀁾􀁄􀁾􀀮􀁾􀁒􀁵􀁾􀁲􀁥􀁾􀁮� �􀁴􀁾􀁥􀁾􀁩􀁮􀁾􀁾􀁾􀁾􀁾Executive Vice President STATE OF TEXAS § COUNTY OF DALLAS § BEFORE ME, the undersigned notary public in and fur said county and state, on this :--_ day of ,2001, personally appeared , known to me to re the identical person who executed the within and furegoing document, and acknowledged to me that he executed the same as his free and voluntary act and deed, for the uses and purposes therein set forth. GIVEN UNDER my hand and seal ofoffice the day and year last above written. MY COMMISSION EXPIRES: [SEAL] 2 Exhibit A FIELD NOTE DESCRIPTION FOR MARSH LANE WATER LINE EASEMENT ACROSS THE PROPERTY OF TARRAGON BROOKS L.P. PROPERTY TRUST BEING a parcel of land for ,water line e,asemerit in the Noah Good Survey, Al1stract No. 520, D!)]Jas County, TexaS, and being Ii part of a tract of land conveyed toTarragon Brooks L.P. Properly Trust by a de'ed now of record in Volume 99101, Page 5374 of the Deed of Records 01Dallas County, Texas, said p3rceibeing mor,e particularly described as follows: BEGINNING at an "X" cut found for a comer, said comer being at the intersection ofthe east Right Of Way line ofMarsh Lane (100 feet Right Of Way) and the north Right OfWay line ofBrookhaven Club Drive (100 feet Right Of Way), said comer being due south along the east Right Of Way line of said Marsh Lane, a distance 0031.75 feet from an "X cut found on the eaSt Right OfWay line ofsaid Marsh Lane; TIIENCE North along the west property line of said Tarragon Brooks L.P. Tract and the east Right Of Way line oisaid Marsh Lane, a distance distance of217.97 feet to a point for a comer; TIIENCE S 5°11'23" E, a distance of 218.93 feet to a point for a comer, said point being on the south property line of said Tarragon Brooks L.P. Tract and said north Right Of Way line of said Brookhaven Club Drive; TIIENCE N 89°47'47" W along the south property line of said Tarragon Brooks L.P. Tract and said north Right Of Way line of said, Brookhaven CluJ:> Drive, a distance of 19.80 feet to the POINT OF BEGINNING and containing 0.050 acres of land, n;lore or less. ' ' Also a Jemporary construction easement being just east of and adjacent to, the above described pennanent water line easement and being triangular in shape and being 0.20 feet wide adjacent to the south point ofthe pennanent easement and 20.00 feet wide at the north point of the pennanent easement, also a temporary construction easement being just east of and adjacent to the west property line of said Tarragon Brooks L.P. Tract and being rectangular in shape and being 20.00 feet wide from the north point of the pennanent easement to the north property line of said Tarragon Brooks L.P. Tract, both temporary construction easements to be used only during the construction of the proposed water line, and containing 0.099 acres of land, more or less. I TARRAGON BROOKS, LP. VOL. 99101. PG. 5374 ")(' CUT FND 5 -331.75' 􀀭􀀭􀀭􀁾MARSH LANEREVISE[)..05/30/00 DFJ/ACS ;;:: o 􀀭􀀭􀀭􀀭􀀭􀀭􀁾􀀠g 5 PROPOSED WATER LINE EASEMENT (0.050 ACRES) N 89"47'47" W 19.80' I 100' R.O.W. w ;::::: 0::: Cl fl) :3 () z I w 􀁾􀀠::t: 􀁾􀀠o o 0::: fl) (:).l I TOWN OF ADDISON, TEXAS SCALE: 1" 40' MARSH LANE WATER LINE EASEMENT TARRAGON BROOKS, L.P. SHIMEK, JACOBS &. ANKLEA; LLP. CONSULTING ENGINEERS 8333 DOUGLAS AVE•• SUITE 820 DALLAS, TX 75225 (214) 361-7900 Ddte SUrveyed: 01 MARCH. 2000 Date Drawn! 30 MAY, 2000 INUAH l:1UUU .;:)UI\.VC.I ABSTRACT NO. 520 = Exhibit B I. TEMPORARY CONSTRUCTION EASEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF DALLAS § THAT DAVISTER GREENBROOK CORPORATION, hereinafter called GRANTOR of the County of Dallas, State of Texas, for and in consideration ofthe sum of ONE DOLLAR ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does by these presents grant, sell and convey to the Town of Addison, hereinafter called GRANTEE of the County of Dallas and State of Texas, a temporary easement and right to pass over, along, under and across a portion (the "Easement Area") of GRANTOR's property, which easement and right ofpassage is shown and depicted on EXlllBIT B, attached to and incorporated herein, fur the purpose of constructing a water line. The Easement Area is described as follows: See attached EXlllBIT A, which is made a part ofthis deed as iffully copied herein. This temporary construction easement shall only be used by GRANTEE and its contractors in connection with the construction and installation of a water line within the public street and right-of-way adjacent to the Easement Area. GRANTEE shall replace any landscaping, paving or striping removed by GRANTEE during said construction and otherwise restore the Easement Area to the condition that existed befure the construction ofthe water line. This temporary easement may be used only during, and shall terminate and expire upon the completion ofthe construction ofthe water line adjacent to the Easement Area. TO HAVE AND TO HOLD unto the Town of Addison, Texas as aforesaid, for the purposes and on the conditions set forth hereinabove, the easement and Easement Area described above. EXECUTED this ___day of______---', 2001. GRANTOR DAVISTER GREENBROOK CORPORATION By: -------------------------------Document #; 936931 1 STATE OF TEXAS § COUNTY OF DALLAS § BEFORE ME, the undersigned notary public in and for said county and state, on this ::--_ day 2001, personally appeared , known to me to be the identical person who executed the within and foregoing document, and acknowledged to me that he executed the same as his free and voluntary act and deed, for the uses and purposes therein set furth. GIVEN UNDER my hand and seal ofoffice the day and year last above written. MY COMMISSION EXPIRES: [SEAL] 2 FIELD NOTE DESCRIPTION FOR Exhibit A MARSH LANE WATER LINE ACROSS PROPERTY OF DAVISTER GREENBROOK CORPORATION . A temporary construction easement 20 feet in width, being just eaSt of, .and adjacent to, the east Right OfWay " . line ofMarsh'Lane in'the T!)wDofAddison and the weSt property line ora tract"of land conveyed to Davister . Greenbrook Corporation by a deed now of record in Voiume 91209. Page 1663 of a Deed of Records of Dallas County, Texas and to be used only during the construction ofthe proposed water line, and containing 0.207 acres ofland, more or less. -"'''.-,,". Exhihit B " " 􀁾􀀠TOWN OF ADDISON. TEXAS 'b,C! 􀁾􀀠I l!= 􀁾􀀠'"... '''' CO Z TEMPORARY CONSTRUCTION EASEMENT DAVISTER GREENBROOK CORP. SHIMEK, JACOBS &: RNKLEA.' LLP. CONSUl. TING ENGINEERS 8333 DOUGl.AS AVE.. SUITE ,620 Dol. Drown: OAl.l.AS. TX 75225 (214) 361-7900 30 MAY, 2000 NOAH GOOD SURVEY 'ABSTRACT NO. 520 VI co DAVISTER CREENBROOI< CORP. E=--__ SCALE: I" :,. 50' -.. j--I""... ....... J.,..,.. i_hI"! 􀁲􀀢􀀢􀀢􀁉􀁕􀁾􀀮􀀠 Steve Chutchian From: Washington, Angela [awashington@cowlesthompson.comj Sent: Monday, January 22, 2001 6:14 PM To: Steve Chutchlan (E-mail) Subject: Vinland Prop Trust Easern ents Draft Vinland PlOp TlU$t Easements Steve: Enclosed for your review and comment is a draft document conveying a permanent easement and two construction easements from Vinland Property Trust for the water line. I have some concerns with the property description provided. It needs some adjustinga For example, it refers to Usaid Vinland Tract" and nowhere above (or below for that matter) this phrase does it indicate what the Vinland Tract is. Also, as we discussed, the property description refers to two temporary construction easements, but there appears to be one continuous temporary construction easement shown on the survey. Let me know what you find out. Also, if you have any questions for me, please give me a call. <. , -IN .......AI: )is(): UTILITIES DEPARTMENT Post Office Bo:r; 14.1. Addi$on. Texas 7S00t 􀁾􀀠􀁾􀀬􀁾􀁾􀁾􀀠,. mx ........... (214)4,O-l679 FAX (214) 931-6643 ldsOI Westsrove , DATE 􀁾fJffiC' £208 S:I ,,0;' I:·/Q-.S-00 J -JOB I /J... 'I LOCAT,ION J3NtD ( GfV!.£YI-lIiVErJ f} PT) PIPE SIZE -, 10 . 􀁾􀁾􀁩􀁩􀀠FROM MANHOLE' (SET )lP) TO '. l-!ANHOLE ' PIPE TYPE • 􀁾􀁬􀁴􀀠cLAW -e ' rtltpNi'P PAGE l 􀁉􀁾trIA J;.." § SURfACE TYPE 10 b 1LA,iS, LeNGTH OF LINE 􀁾􀀠-> G'.N:RA1tR 'l'Il£' . 6,Zb /,¢f/r4)(, -DIRE! '!'ICN CF CJlM'Rl'I' DIRECTION Of' FLOW SJ:NIT F.INfS1 -wlHOLE NO. , DEPTH MH MH OLEM OPENING PROBLEMS CONSTRUCT ION DIAMETER . , TN'E REAC ING :"'-" U..JTO ,1(1./," 14p 􀁡􀀷􀀺􀁾􀀱􀀾􀀠RO' -REiNfORCED 􀁃􀁏􀁎􀁃􀁾􀀠.. ,., PIPE '-/0 I f) 11.<. f J":,,f I AC -ASBESTOS CE¥£NT fs--" ' , j().Y/J X "U 1'11(.. T1,,.. ... l J 2. 􀁾􀀠,,0 PVC -POLYVINYVCH..ORID; ?,,:/-/I " ..... 􀁾􀀠.cl -CAST IRON',:In f,;it, d""1 'I " 'To. p , n:oc> " CON -CONCRETE ;' I􀀨􀁾􀁉􀁁􀀠t//I/) C..-ac.k I'< d. .• T&-rot.. LINE SECTION, 􀁄􀁾􀁅􀁃􀁔􀁓, . : C<2M-tre:.. '""" ... ;.. • .j.. , :j';; I-/,It 􀁾􀀯􀁉􀀯􀀠.. -.. -... "'10, Pro...... f/...er £ 􀀢􀀬􀁤􀁾􀀠BISC 􀁾􀀠BRE:A.': IN l!ERV ICE /... e. CONNECT ION Bl. -BLOCKAGE . BP -BROKEN PIPE -(MISSING p;aECEl-D. ". DEBRIS .•.. . CJ -CRACKI;D ,JOi NT CPC -CRACKED JOINT (C IRCut:ARl .. , CPL -CRACKED ,P IPE , (LONGITUD INAll i LAS -LEAK MOUN\! SERVICE CONNECT 1011., . : LEAK\IIG JO'INTLJ• -LEAKING SERVICE' , LSC CONNECT ION': MD -MINERAL DEPOSITES . OSJ -OFFSET JOINTj SC -SERVICE CONNECTION XliII '-YATER X-INCHES OF "2C LR, -LIGHT ROOTS 􀁍􀀮􀁾􀀠-MEDIUM ROOTS IIR -HEAVY floqrs 5h·u.t b{ Lt 05, I-Jlc--..A.DDISON UTILITIES DEPARTMENT 􀀡􀀮􀁾􀀠I (214) 4S0-2879 PA" (214) 931-6643 􀁉􀁾􀁓􀁏􀁉􀀠West,tove, DATE /I-J.../-00 􀁾􀁃􀁊􀀨􀀩􀁾􀀠. EH I .CF :1 JOB I . ...:1.:'( LOCATION , 􀁂􀁙􀀧􀀧􀀧􀁏􀁾􀀠TowtJ PIPE SIZE to?di.IJlJ Hdtfilt5 Tel'l'M ';.IOU$i. 'ME:i FROM WlI!H( /..JOltr-,. d CONSTRUCT ION DIAMETER TAPE READING ..:'. . TO DEFECT (JJt--<.!;1 ' ' CLoc!( TAPE sTANOARD ABBREVIATIONS 'OOTAGE AB8REV DEFECT DESCRIPTION REF.RENCE READING PIPE T'tPE JlNd"'A'''' IU{}y..-i< . ;1jJ,rl . 01 -DUCTILE IRON , ')).70 . OIAT (? F !dlJ'r", r RCP -REINFORCED CONCRETE PIPE I. ,0 ,'I.l·JI.hY· ,. WffTeR U-I.lI P"<., 􀁉􀁰􀁟􀀢􀁊􀁐􀁾􀀠Lr<:. AC 􀁾􀀠ASBESTOS CEMENT g-: 􀁾􀁲􀀠OllT 1P 􀁾􀀠TRUSS I"IPE 􀁾􀀭􀀮􀀼􀀱􀀮􀀺􀀮􀀮􀀠. -rA. P' )d, VCP -VITRIFIED CLAY PIPE '" . '1'/PVC 􀁾􀀠P J. 1 r. cn PI AT i 􀀭􀀺􀁾􀀭􀀭􀀭ABSTRACT NO. 520 (j)0:; 1:) --, t 􀁾􀀠I./-S 􀀱􀁗􀀿􀁾􀂷􀁗􀀠􀁾􀀠ELIZABETH M. MARTIN 􀀧􀁉􀁩􀀧􀀬􀀬􀀻􀀬􀁾􀀠VOL. 91035, PG. 0464 􀁾􀀠9 I 10 􀀮􀁏􀀧􀁻􀁾􀀠..----,/8 WOODED CREEK ESTATES BLOCK-A 􀁾􀀧􀀭􀀭􀁾􀀭􀀭􀁾􀁲􀀭. TOWN TEMPORARY SHIMEK, 8333 DOUGLAS 􀁾􀀠blc:sWOODED CREEK DR. "1Q:; OF ADDISON, TEXAS CONSTRUCTION EASEMENT ELIZABETH M. MARTIN JACOBS & FINKLEA. LLP. CONSULTING ENGINEERS AVE.. SUITE 620 Dote Drawn: DALLAS. TX 75225 (214) 361-7900 10 FEB.. 2000 SHIMEK, JACOBS & FINKLEA, L.L.P. CONSULTING ENGINEERS 8333 Douglas Avenue, #820 Dallas, Texas 75225-5816 Fax (214) 361-0204 Phone (214) 361-7900 RONALOV. CQ.'{WAY, P,E. JOHN W. BlRKHOFF. P.E JOE It CARTER, PoE. GARY C. HENDRICKS. P.E. PAUL A. CARLINE, P.E. June 16,2000 MATIHICKEY.P.E. ROSS L. JACOBS, P.E. t. C. FINKLEA, P.E. Mr. Keith Thompson Director Of Public Works Town of Addison Post Office Box 144 Addison, Texas 75001-0144 Re: Brookhaven Club Drive Sanitary Sewer Line Dear Mr. Thompson: We are enclosing these three (3) copies of the easements required for the Brookhaven Club Drive sanitary sewer line construction across the Brooklown and Greenhaven properties. We are available at your convenience to discuss any questions that you may have concerning the enclosed documents. Sincerely yours, Ronald V. Conway, P.E. Enclosure 􀁾􀁉􀀠u FIELD NOTE DESCRIPTION FOR BROOKHAYEN CLUB DRIVE SANITARY SE\YER EASEMENT ACROSS THE PROPERTY OF FSF GREENHAYEN ASSOCIATES, L.P. BEING a strip of land for sanitary sewer easement in the Noah Good Survey, Abstract No. 520, Dallas County, Texas, and being across a tract of land conveyed to FSF Greenhaven Associates, L.P. by a deed now of record in Volume 96189, Page 1221 of the Deed of Records of Dallas County, Texas, said strip of land being more particularly described as follows: COMMENCING at an "X" found on the southeast comer of the intersection of the Marsh Lane (100 feet ROW) and the Brookhaven Club Drive (100 feet ROW), said point also being the southwest comer of a tract ofland conveyed to Tarragon Brooks L.P. by a deed now of record in Volume 99101, Page 5374 of the Deed of Records of Dallas Couhty, Texas, said point also being S 01°45'44" W along the east ROW line of Marsh Lane, a distance of 331.75 feet from an "X" found at the northwest comer of said Tarragon Brooks L.P. and the southwest southwest corner of a tract of land conveyed to Davister Greenbrook Corporation by a deed now of record in Volume 97209, Page 1663 of the Deed of Records of Dallas County, Texas; THENCE S 81°54'59" E, a distance of 948.11 feet to a point for a comer, said point being on the most westerly line of said FSF Greenhaven Associates, L.P. tract, and most easterly line of a tract of land conveyed to Brooklown Properties by a deed now of record in Volume 72019, Page 1310 of the Deed of Records of Dallas County, Texas said point also being the POINT OF BEGINNING; THENCE S 88°32'52" E, a distance of 414'.4 feet to a point for a comer, THENCE S 57°58'26" E, a distance of 9.63 feet to a point for a comer, said point being on the north line of an existing sanitary sewer easement, now of record in Volume 70219, Page 854 of the Deed of Records of Dallas County, Texas; THENCE N 88°02'42" W, along said north line of said sanitary sewer easement, a distance of 422.71 feet to said most westerly property line of said FSF Greenhaven Associates, L.P. and said most easterly property line of said Brooklown Properties. THENCE N 01°45'43" E, a distance of 1.19 feet along the most westerly property line of said FSF Greenhaven Associates, L.P. and most easterly property line of said Brooktown Properties to the POINT OF BEGINNING, and containing 1,279.29 square feet (0.03 acres) ofland, more or less. GOOD SURVEY 3TRACT NO. 520 SCALE: 1" = 50'FSF GREENHAVEN ASSOCIATES, LP. VOL 96189, PC. 1221 ...􀁓􀁟􀁾􀂥􀁾􀁾􀁓􀁦􀁕􀁦􀁒􀀭􀁬􀀽􀁓􀁾􀁊􀀮􀀶􀀧£ ---I\c--N 88'02'42" w-422.71' . 􀀢􀀢􀀧􀀭􀁾􀀢􀁾􀀽􀀧􀀧􀀧􀀧􀀢􀀾� �􀀭􀀭EX. 15' S.S. EASEMENT VOL. 70219, PG. 854 /""/LOT 21 :D CREEK ESTATES TOWN OF ADDISON, TEXAS BROOKHAVEN CLUB DRWE SANITARY SEWER EASEMENT FSF GREENHAVEN ASSOCIATES, LP. SHIMEK. JACOBS &: RNKLEA. LLP. CONSULT1NG ENGINEERS 8333 Douglas Ave.• Ste. 820 Dallas, Tx 72225 (214) 361-7900 􀁏􀁉􀀮􀁦􀁴􀁾􀀠JUNE. 2000 OA'I't OAA¥I:. JUNE. 2000 􀀧􀀭􀀭􀀭􀀧􀀭􀁾􀀬􀁾􀀢􀀮􀀧􀀻􀀧􀀮􀀭􀀭􀀭􀀧􀀠 Memo November16,2000 To: John Birkhoff, P.E. Shimek, Jacobs Finklea, L.L.P. From: Steve Chutchian,P.E. Assistant City Engineer, Town ofAddison Subject: MarshlBrookhaven Club Dr. Water & Sewer Rehabilitation Keith and I met at the project site on 11115/00 and evaluated the proposed . alignments and easement needs. The attached marked-up drawings consist ofcomments associated with our visit to the site. We would like to meet with you as soon as Keith has completed the T.V. Inspection ofthe existing sewer system. Thanks: . , i ! ), '.foe-􀁾􀀬􀀠, ,i ,.i I ! "Steve Chutchian 1 1 Assistant City Engineer .' , iI I , \ i ,,Cc: Jim Pierce, Assistant Director ofPublic Works ; Mike Murphy, Director ofPublic Works Keith Thompson, Water Utilities Foreman i 1 t .< , ;:􀁾􀀮􀀠, 1 t \"t: , 􀁾􀀬I , ,i ,t r , i L"· Avoiding the ..-J'...........,•. s of Directional Drilling by Samuel T. Ariaratnam, Ph.D" P.Eng. Over the past few years, accidents involving Horizontal Dit:ectional Drilling operations have made headlines in newspapers.· Like any construction method, horizontal directional drilling equipment poses a danger if .not properly used by well-trained workers. orizontal Directional Drilling (HOD) is perhaps the fastest growing segment in the underground trenchless construction industry. There are currently between 6,000 7,000 operational rigs in North America and that nwnber is expected to increase exponentially over the next decade. Due to the fact that so many individuals are involved in this diversified industry with its wide range of applications and safety concerns, a discussion of safety procedures is timely and appropriate. Pre-Planning and Site Preparation Prior to commencement of any boring activity, participation and coordination of several persons and agencies needs to occur. Contacting the One-Call service and any utilities that do not subscribe to a One-Call is essential in locating and marking existing underground utilities. The contractor should use the provided locate sketch to confirm all locates on the job site. The proposed drill·path should be deteo;ninedand "docuring software, including its horizontal and vertical aligrunents and the. location of buried utilities and suIY-. structures along 􀁴􀁨􀁾􀀠path. The con-. tractor .should physically mark the' proposed bore-path and expose all utility crossings using hydro-excavation, hand excavation, or .other "Every HOD job is different and must be approached with safety in mind." appro,\ed methods to confirm depth. 'This action will reduce the chances of striking an existing utility line. Ifhe cost of marking the lines and perc forming excavation investigations is small when compared to the cost of striking a buried utility. Additionally, the site should be checked £oc.el(i.dence of substructures such a§'man,boxes, electrical transformers, conquits or drop 'lines from utility poles, :and pavement patches to ascertain if any. utilities maY' -have ·been overlooked. Like any construction operation, c0Irlpliance should be made with all OSHA and State & Local Regulations including: ; Open Excavations (ie. potholing) ;'Covers ,. Fencing ,. Barrier Tape " Barricades " Shoring & Sloping ofTrenches ".Confined-space Permits Personal Preparation Personal preparation for any job involving horizontal directional drilling means ensuring all precautionary measures are taken to preserve thf! safety of workers. These include the wearing of: OSHA approved hard hat; safety glasses. or OSHA approved goggles or face shields; hearing protection; highly visible reflective clothing; electrically insulating gloves and lineman boots; any other safety equipment requiied by utility, government, or mandated inented, preferably using a bore plan-' hole covers, valve box ccive..s;·meter by other rules and regulations .. AUGUST 2000 • UTILITY SAFETY 19 􀀮􀀧􀁾􀀢􀁾􀀠 DrillingHazards Additionally, the drilling unit must be equipped with an electrical strike safety package. The package should include warning sound alarm, grounding mats, and protective gear. Electrical ground stakes must be driven into the ground and the strike alert system tested prior to any boring. Job Preparation Communication is a critical ingredient of any successful horizontal directional drilling project. It is imperative that the Tracking and Drill Operator have an understanding of the job prior to commencement of boring. They should walk the planned bore-path with the tracking device to evaluate any potential fields of electromagnetic interference that may hinder the operation. Effective communication should be established. For example, protocol must be agreed upon for the use of two-way radios or hand Signals. The Process Every HDD job is different and must be approached with safety in mind. The manufacturer's operator's manual is the main source for infor20 mation on HDD equipment and must be followed during all operations. During the actual boring process, if abnormal readings are found on the tracking equipment, the contractor should backup and verify previous readings before continuing the bore. This is critical as deviation from the planned bore-path could result in striking an existing underground utility. Care must also be taken during the pullback to ensure that existing utilities are not struck due to the effect of the enlarged backreamer puIling the new pipe. The National Transportation Safety Board (NTSB) recommends that drillers check for electrical interference along the drill path before activating the locator transmitter to ensure that stray electrical interference does not create any false reading during drill head locating. Accore" rienced in horizontal directional cOritaCte1l. -:iiii!'&arat:eiY; A Successful Project . __ '. 􀀧􀁉􀁮􀀱􀁥􀁣􀁩􀁩􀁬􀁦􀁴􀀢􀁩􀀺􀁢􀁮􀁴􀁲􀁩􀁢� �􀀺􀁩􀁦􀁵􀁬􀁩􀀱􀁩􀁩􀀲􀁦􀀨􀀻􀁴􀁩􀁾􀀠move. The voltage difference. e!\c4"tlt􀁾􀁳􀁵􀁣􀁣􀁥􀁳􀁳􀀮􀁤􀀧􀀮􀀮􀀮􀁩􀁩􀀻􀁰􀁾􀁾􀁾􀀮􀁊􀀻􀁜􀁜􀁾􀁥􀀠between the equipment and the experience and am9Jm!.:ohragung of • \:.' _.'. _,"--•• , -.-􀁟􀁾􀁷􀀠-" '.J;.::!;i\:. ground, or even between your feet. .tX!E!-!=!e,f􀁯􀁰􀁥􀁲􀁡􀁾􀁧J:i:tE!: drilling equipand the ground may be sufficient to -'fueritahd tracklrig the l!:rillin.g head. Even with the marking of existing utilities, an inexperienced crew has a higher risk of striking buried utilities. Additionally, an experienced crew would more likely be able to salvage a drilling project when unexpected conditions are encountered. The investment of time and money in drilling operations are in shortage. For individuals interested in more informatiOn on safety considerations in HOD, it is recommended to request safety videos developed by respective drill manufaciurers and the Equipment Manufacturers Institute.• Dr. Ariaralnam is on Associate Professor in the Department Qf Civil ond Environmentol Engineering al1he Uniyeniiy oj Alberta in Edmonton, Canada. He has been inY'Olved witn the Ho.i:r:onlaf Diredional Drilling industry over the pas' five years and current· Iy sits on the Boord of Diredors of the North American Society for Trench/en Techl'lology INASTT). He can he reached at (780) 492·5110 or arioral· nam@ualherro.CUI"\ v 􀁾􀀠I I. I ABSTRACT NO. 520 PROPOSED WATER UNE EASEMENT 100' R.O.W. w ;;::: 0:: ,o OJ TARRAGON BROOKS, LP. ' VOL 99101. PG. 5374 "x' CUT FND (0.050 ACRES) '., . "t' CUT F'ND N 89'47'47 W -19.80' :3 (,)---'--ct MARSH LANE z I w :ii::c 􀁾􀀠o oa::: I OJ I <:).J f SCALE: I" :; 40' REVISED 05 30/00 DfJ ACS SCALE: 1:;30 TARRAGON.DWG (214) 361-7900 30 MAY, 2000 .. ' TOWN OF ADDISON, TEXAS MARSH LANE WATER LINE EASEMENT TARRAGON BROOKS, L.P. SHIMEK. JACOBS Be FlNKLEA; LLP. CONSUl. TlNG ENGINEERS Dote SUl"'teyed: 01 MARCH. 2000 8.:s.:s.:s OOUGI.AS A \IE.. SUI TE 820 Oat. Drown' OAI.I.AS. TX 75225 . / 2: I iG 8. ____-,cON .!I9"48'09' E -160.pO;..'___,--_ . I NOAH GOOD SURVEY ABSTRACT NO. 520 20' TEMPORARY CONST. EASEMENT '0.061 ACRES' , MILTON L. WAGNER AND GAY GELLER GOLMAN VOL. 78139. PG. 769 S 89'48'09' W -160.00' 􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀁾I 􀀻􀀮􀀮􀀭􀀭􀀭􀀭􀁾􀁾􀀠100' l'i'.o. If. 􀁲􀁭􀁬􀀧􀀢􀁾􀁲􀁮􀀠(Vitlo/nrl Ilr,I/Ar.'l 􀁾􀁲􀀮􀁁􀁬􀁆􀀺􀀠􀁬􀀽􀀬􀁾􀁏􀀠'. !I SCALE: I" = 30' GWN INCOROllATFIJ,IlWr. TOWN OF ADDISON, TEXAS TEMPORARY CONSTRUCTION EASEMENT MILTON L. WAGNER Be GAY GELLER. GOLMAN SHIUEK, JACOBS &: ANKLEA. LLP. 􀁃􀁏􀁎􀁓􀁕􀁾nNG ENGINEERS 6333 􀁄􀁏􀁕􀁇􀁾􀁁􀁓􀀠AVE.. SUITE 820 Dote, Orown: 􀁏􀁁􀁾􀁾􀁁􀁓􀀬􀀠TX 75225 30 MAY, 2000(214) 361-7000 f ... ···"'::'!'·r0.,i FlELD NOTE DESCRIPTION FOR . MARSH LANE WATER LINE ACROSS PROPERTY OF GWN 1NCORPORATED (MILTON L. WAGNER AND GAY GELLER GOLMAN) A temporary construction easement 20 feet in width, 􀁢􀁥􀁩􀁮􀁧􀁪􀁵􀁾􀁴� �east of, and adjacent to, the east Right OfWay line ofMarsh Lane in the Town ofAddison ana the west property line ofa tract oflandconveyed to 􀁍􀁩􀁬􀁴􀁾􀀩􀁛􀁩􀀠L. Wagner and Gay Geller Golman by a deed now ofrecoid in Volume 78139, Page 769 ofa Deed ofRecords of Dallas County, Texas and to be used only during the construction ofthe proposed water line, and containing 0.061 acres ofland, more or less. TOWN OF ADDISON PAYMENT AUTHORIZATION MEMO .:. , ..' '6/4-!/Z) " DATE: Clalm# ',' VimcJor No;' ".' . , " Vendor Name Address' , c./t) UJ"'1 P8 E'C...L C"A-t. e;1-4-t c>F [)/l-UAf; :r",-(:, Address 16>4-7£ DhL0S PA-.eK14r/t1;; St--qc 7aJ Address Zip Code 7St70 I , , i EXPLANATION R.ltff/-T-F 􀁾􀁕􀀭􀀯􀀧􀁲􀁪􀀭A-C 'V,'J3Y: " fA-THfl flf ffTr 􀀧􀀨􀁊􀀣􀁓􀁅􀁖􀀭􀁾􀀧􀀠f"/I?.P:J7!.fL 7};.' . .'.: 􀁾􀀠. ..' " } ,-. " 􀁁􀁾􀁾􀀧􀀠Authorized Signature " -=---------'-', ,finance ,. STATEMENT May 31, 2001 Mr. Mike Murphy City Engineer Town ofAddison For real estate consulting provided to the Town ofAddison from March 1, 2001 to May 31, 2001. Union Pacific ROW Three (3) Hours Meeting (3/1) with Jim Pierce, Mike Murphy, Ken Dippel and Chris Terry to discuss response to Union Pacific Proposal. Two conversations (3/5) with Jim Pierce. Conversation (3/10) Dennis Miller to set up meeting for 3/14. Meeting (3/14) with Dennis Miller, Ron Whitehead, Mike Murphy and Jim Pierce at Town Hall. Conversation with Mark Hipes (3/26) and faxed contract relating to value ofproperty. Two follow-up conversations with Mark Hipes on comparable sales. Arapaho Extension Sixteen (16) Hours Meeting (3/1) with Joel Halverson ofUBS and John Gorman about impact ofroad on Aetna property. Follow-up conversation with Steve Chutchian and then response to Joel about parking issue. Meeting (4/6) with Joel Halverson about additional dedications from Aetna property. Follow-up conversation with Angela Washington. Conversation with Kyle RayofTU and faxed plats on the impact ofroad through their property; Followup calls and faxes. Conversations with Jerry Rider. Follow-up calls to Jerry Rider. Conversations with Tom Owens and Jerry Rider. Meeting on site with Tom, Mike Murphy, Steve Chutchian and Jim Pierce. Follow-up with Jerry Rider. Conversations with Mike Murphy and Jim Pierce. Meeting (3/16) with City Attorneys and Engineering Department staff concerning RO W easements and legal instruments for various properties along the Arapaho Extension . .. Conversations with Ken Dippel and Bob Hall concerning the Nile Properties title. Town ofAddison Statement Page 2 Conversations with Mike McMahan about adjustments in acquisition from his property. Conversation (4/10) with Mike McMahan. Co-ordinated closing process with Mike, Angela and title company. Received easement from Steve Chutchian. Talked with Mike McMahan. Faxed information to title company and Angela. Conversations and meeting (4/6) with Beth Owen ofFunfest concerning construction easements. Conversations with Holly Jones of AMF and Ann Garris of AMF. Another meeting (5/16) with Beth Owen. Follow-up calls with Ann Garris. _. Meeting and follow-up conversations v.ith-Michael Pienado ofLincoln Property about AMB Property. Conversations with Angela and Mike. Conversations with City Staff, and various representative ofRacetrac Petroleum. Faxed information to Bill Milam. Conversations with Ken DippeL Marsh Lane Waterline Three (3) Hours Conversations with Michelle Abraham and Larry Grigsby. Meeting (3/5) with Larry Grigsby and Apartment Manager on site and at Brooks Apartment office. Meeting 4/16 with Larry Grigsby and Management ofBrooks Apartments. Conversations with various Management staff for Greenbrook Apartments. Subsequent conversations with Larry Grigsby and Chuck Robertson and Mike Murphy concerning Brooks Apartment property. Conversations with Chuck Rubenstein on terms and compensations. Conversations with City Staff. Coordinated agreement. Conversation with Bobby Kennedy and receive approved agreements (3/8). Conversation with Betty Cohessa (4/7). Numerous conversations tp determine new ownership. Conversation and faxes to Ron Bruce ofBasic Capitol. Follow-up with city staff and Angela Washington on receipt of agreement. Meeting (4/10) with City Attorneys and Engineering staff to update all property. Another meeting (5/8). Follow-up conversations with Allgela Washington. Conversation with owners ofMarcellos Restaurant. Follow-up with City Staff. Conversations and faxes to Larry Golman. Picked up agreement from Larry Golman and delivered to Steve Chutchian. '. Town ofAddison Statement . Page 3 Addison Road Excel ROW Six (6)Hours Meetings with Northern Trust Bank about acquisition ofROW along Addison Road. Conversations with and sent information to the Atrium about ROW. Conversations with Lance Ellis. Sent revised drawing to Lance. Meeting with Steve Chutchian and conversations with Steve Chutchian. Received plat on Atrium inspected property. Follow-up with Lance on import and problems for their agreement to conveyance . .. Called O'Connor ofInvestco about ROW along Addison Road. Conversations with John Raphael. Sent and discussed impact on property. Conversations with Steve Chutchian and Chris Terry on the three (3) properties. 􀁾􀀠􀁾•􀀮􀀮􀁳􀀺􀀺􀀧􀁾􀁬􀀧􀁙􀁥􀀨􀁇􀀢􀀡􀁉􀀱􀁻􀀬􀀠) ;3$0. 􀁾􀀠I 􀁾􀀭􀀮􀀠28 o"?" .s.z-c 􀁔􀁾three 􀁾􀀩􀁈􀁏􀁕􀁲􀁓􀀠at $85.00 per hour.................................................􀀤􀀲􀁾􀁵􀀮􀀰􀀰􀀠 Please remit to: Pat Haggerty Company, Inc. c/o Campbell Company ofDallas, Inc. 16475 Dallas Parkway, Suite 700 􀁯􀀮􀁾􀀮􀀠-Iv . f,Ai AS 'l;§. 􀁾􀀢􀁚􀁚􀁖􀀠􀁾􀀨􀁴􀁲􀁾I C:lPatffown of Addisoniinvoice0411 rev0531.doc '.