HomeMy WebLinkAboutBZA2011-07 (2)FAX
CITY OF GRAPEVINE
P.O. BOX 95104
200 S. MAIN STREET
GRAPEVINE, TX 76099
(817) 410-31589 FAX (817) 410-3018
TO: Mr. Richard L. Rothfelder
FROM: Connie Cook (City of Grapevine)
FAX #: (713) 658-8211
SUBJECT: Illegal alteration of off -premise sign
DATE: 2/22/11
Pages: 2 . including this cover sheet.
COMMENTS:
If you have anv_ questions please call me at (817) 410-3158.
Thank you
0XW.FA &2&05
February 22, 2011
Mr. Richard L. Rothfelder,
Rothfelder & Falick, L.L.P.
1201 Louisiana, Suite 550
Houston, Texas 77002
Re: Illegal alteration of off -premise sign
Mr. Rothfelder,
It has come to our attention that your client's sign located on the Sam's Club
property located at 1701 W State Hwy 114 has been illegally modified. Section
60 A. of the Grapevine Comprehensive Zoning Ordinance states, "no sign,
except for signs listed in Sec. 60, shall be painted, constructed, erected,
remodeled, relocated, or expanded until a zoning permit for such sign has been
obtained...". No such permit was issued for this sign. You were previously
advised in writing on December 8, 2010, that the sign could not be legally moved,
altered, or adjusted.
Furthermore, Section 43 D. 2. of the Grapevine Comprehensive Zoning
Ordinance prohibits the remodeling of a nonconforming use, and Sec 43.D.3.b. of
the same ordinance states that "the violation of any of the provisions of this
ordinance or violation of any ordinance of the City of Grapevine with respect to a
nonconforming use shall terminate immediately the right to operate such
nonconforming use.
The modification of this nonconforming sign without a permit is a clear violation of
City Ordinance, and as such immediately terminated any legal nonconforming
status the sign might have enjoyed. Therefore, the sign is now an illegal sign
which must be removed.
Your client is hereby ordered to remove this illegal sign structure from the
property within 30 days of receipt of this certified letter. Failure to do so will result
in legal action by the City, including but not limited to the issuance of citations.
Thank you for your attention. Do not hesitate to contact me if you have questions.
iams
lent Services Director / Building Official
DEt ELOP\LLNT' SERVICES DEPARTMENT
the City of Grapevine • RO. h� , - ,� = = hevine, Texas 76099 • (317,1416-3154
Fax (817) �rapevinetexas.gov
HP OfficeJet K Series K80
Personal Printer/Fax/Copier/Scanner
Last Transaction
Date Time Tyne Identification
Feb 22 9:47am Fax Sent 917136588211
Log for
DEVELOPMENT SERVICES
8174103018
Feb 22 2011 9:47am
Duration Pages Result
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PS Form 3800. August 2006 See Reverse for �nshuc0ons
■ Complete items 1, 2, and 3. Also complete
item 4 If Restricted Delivery is desired.
■ Print your name and address on the reverse
so rn the card to you.
twe can ■ Attach this card rtouthe back of the mailpiece,
or on the front if space permits.
I. Article Addressed to:
Mr. Richard L. Rothfelder)
Rothfelder & Falick, L.L.P.
1201 Louisiana, Suite 550
Houston, TX 77002
2. Article Number
(transfer from service label)
PS Form 3811, February 2004
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❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery? (Extra Fee)
❑ Yes
7010 0290 0001 5046 1703
Domestic Return Receipt
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February 22, 2011
Mr. Richard L. Rothfelder,
Rothfelder & Falick, L.L.P.
1201 Louisiana, Suite 550
Houston, Texas 77002
Re: Illegal alteration of off -premise sign
Mr. Rothfelder,
It has come to our attention that your client's sign located on the Sam's Club
property located at 1701 W State Hv�fy 114 has been illegally modified. Section
60 A. of the Grapevine Comprehensive Zoning Ordinance states, "no sign,
except for signs listed in Sec. 60, shall be painted, constructed, erected,
remodeled, relocated, or expanded until a zoning permit for such sign has been
obtained...". No such permit was issued for this sign. You were previously
advised in writing on December 8, 2010, that the sign could not be legally moved,
altered, or adjusted.
Furthermore, Section 43 D. 2. of the Grapevine Comprehensive Zoning
Ordinance prohibits the remodeling of a nonconforming use, and Sec 43.D.3.b. of
the same ordinance states that "the violation of any of the provisions of this
ordinance or violation of any ordinance of the City of Grapevine with respect to a
nonconforming use shall terminate immediately the right to operate such
nonconforming use.
The modification of this nonconforming sign without a permit is a clear violation of
City Ordinance, and as such immediately terminated any legal nonconforming
status the sign might have enjoyed. Therefore, the sign is now an illegal sign
which must be removed.
Your client is hereby ordered to remove this illegal sign structure from the
property within 30 days of receipt of this certified letter. Failure to do so will result
in legal action by the City, including but not limited to the issuance of citations.
Thank you for your attention. Do not hesitate to contact me if you have questions.
illiams
meat Services Director / Building Official
DEVELOPMENT SERVICES DEPARTAMNT
The CiV of Grapcvine • P.O. Box 95104 • Grapevine, Texas'6099 • (817) 410-3154
Fax (817) 410-3018 • Nvww.grapevinerexas,gov
MEMORANDUM DEVELOPMENT SERVI E@
z -1
FROM: SCOTT WILLIAMS, DIRECTOR DEVELOPMENT SERVICES
BUILDING OFFICIAL
RON STOMBAUGH, PLANNING AND DEVELOPMENT MANAGER
ALBERT L. Twire IPLETT JR, PLANNER 11
SUBJECT: BOARD OF ZONING ADJUSTMENT CASE #BZA1 1-07
1701 WEST STATE HIGHWAY 114
MEETING DATE: MONDAY, AUGUST 1, 2011
Wit!
Staff recommends the Board of Zoning Adjustment g±ny the appeal of the Building
Official's decision to Grapevine Comprehensive Zoning Ordinance 82-73 for property
located at 1701 West State Highway 1'14, legally described as Lot 2, Block 1, Wal-Mart
Addition as follows:
Section 68.G, Board of Adjustment. Appeals to the Board of Adjustment may be taken by
any person aggrieved, or by any officer of the department, board or bureau of the City,
affected' by any decision of the building inspector or other administrative officer of the: City
relative to the Zoning Ordinance, Such appeal shall be taken within fifteen (15) days after
the date of the decision of the building inspector or other administrative officer has been
rendered, by filing with the officer from whom the appeal is taken shall forthwith transmit to
the Board all the papers constituting the record from which the appeal was taken,.
The applicant is requesting the Board to overturn the decision of the Building Official
relative to the illegal alteration of a nonconforming use.
Staff finds that no special condition exists to support the request.,
CBS Outdoor, Inc. owns an off site advertising sign, located in front of the Sam's Club
store, at 1701 West State Highway 114.
On October 25, 2010, a letter was received from the law firm that represents CBS Outdoor,
Rothfelder and Falick, L.L.P. ('applicant"), requesting permission to remove a portion of an
existing off-site advertising sign, located at 1701 West State Highway 114 that would
overhang newly acquired State Right of Way easement.
On November 10, 2010, the State of Texas awarded damages to the property owners of
the property on which the subject sign is located, relative to the taking of the Right of Way
0:NBZN201 1 \CasesNBZA 11--07A
easement. Temporary access was, granted "for the sole purpose of removing those two (2)
certain outdoor advertisingi siigins situated partially upon the herein described parcel and
partially upon the remainder of the, herein describe parcel."
In response to the October 25, 2010, request by the applicant, the decision of the Building
Official was provided to the appificant, delivered through the City Attorney, Boyle and
Lowry, on December 6, 2'010, This response clearly stated that City Ordinance vwouldl not
allow the nonconforming sign, to be moved, altered, or adjusted.
Subsequent to and despite this decision by the Building Official, the owner of the sign, CBS
Outdoor, Inc., illegally altered the sign, removing a four -foot (4) panel that would overhang
the State Right of Way easement. No, permit was requested or received for this work.
On February 22, 2011, the Building Official sent the applicant a letter, informing them that
due to the illegal remodeling of the sign, all legal nonconforming status had been lost,
pursuant to Section 43.1.2 of the Grapevine Comprehensive Zoning Ordinance.
On February 2,4, 2011, the City Attorney also sent the applicant a similar (letter, confirming
that the legal nonconforming status had been lost due to the illegal remodeling, and
demanded removal of the sign.
On March 1, 2011, the apiplnt sent another letter to the City Attorney,, admitting that CBS
Outdoor altered the sign, despite the clear communication from the Building Off icial and
City Attorney that the sign could not be moved, altered, or adjusted.
On March 8, 2011, an appeal was received in the Development Services Departm ent,
r=6 mUm6-ng th-e rr& tht I a Wh-rcj *f
be moved, altered, or adjusted.
The appeal was not fi led in a timely manner within fifteen (15) days of the
decision of the Building Official as required by the Grapevine Comprehensive
Zoning Ordina,nce Section 68. Board of Adjustment, Paragraph, G, but instead
was filed over four (4) moinths following said decision.
7-7
does not l ist billboards or off-site signs as permitted, functional or structural types
of signis, making them (if they were originally legally permit ted) nonconforming
uses.
Section 105 IPermits, 105.1 Required of the 2006 International Building Code
adopted by the City of Grapevine effective July 17, 20,017, states, "Any owner or
authorized agent who intends to construct, enlarge, alter, repair, move, demolish,
or change the occupancy of a buildling or structure, or to erect, install, enlarge,
alter, repair, remove, convert or replace any electrical, gas, mechanical or
plumbing system, the installation of which is regulated by this code, or to cause
0ABZA\201 1\Cases\BZA1 1-07.4 2
any such work to be done, shall first make application to the building official and
obtain the required permit."
The Building Code clearly requires a permit for thework performed on this
sign. No building permit was ever requested or received for this illegal
alteration, constituting a violation of the building code adopted by this, city
relative to this nonconforming use.
Section 60.A, Sign Standards, Sign Permits of the Grapevine Comprehensive
Zoning Ordinance states, "No sign, except for signs listed in Section 60, shall be
painted, constructed, erected, remodeled, relocated, or expanded until a zoning
permit for such sign has been obtained in accordance with the procedure set out
in this Ordinance. No zoning permit for any sign shall be issued unless the sign
complies with the regulations of this Section 60."
The subject sign was illegally remodeled in violation of this provision,
relative to this nonconforming use.
Section 43.D.2, Nonconforming Uses and Structures, Termination of
Nonconforming Uses of the Grapevine Comprehensive Zoning Ordinance
states, "A nonconforming use may be occupied, used, and maintained in good
repair, but it shall not be remodeled or enlarged except as hereinafter provided."
NdMM,Vjj . — I
n M,
of ftifs section.
Section 43.D.3.b, Nonconforming Uses and Structures, Termination of
Nonconforming Uses of the Grapevine Comprehensive Zoning Ordinance
states, "The violation of any of the provisions of this Ordinance or violation of any
Ordinance of the City of Grapevine with respect to a nonconforming use shall
terminate immediately the right to operate such nonconforming use.
The illegal remodeling was in vioation of r Code and the
Grapevine Comprehensive Zoning Ordinance and immediately terminates
the, right to operate the nonconforming use.
Section 4312.C.2, Right of Way Acquisition by Governmental Agency,
Compensation for Noncompliance, of the Grapevine Comprehensive Zoning
Ordinance states:
Section 43.1.2.0.2, Compensation for Noncompliance: "The
exemption shall not apply to the property if the governmental agency
offered compensation, to the property owner for demolition, removal,
relocation, or replacement of improvements or other measures curative
of the violation of the City codes or ordinances caused by the right-of-
way acquisition."
0ABZAMI I\Cases\BZA1 1-07.4 3
The property owner was compensated for the takinigi of this Right of Way
easemeJ t as shown in Exhibit 3. Therefore exemption from compliance with
the Grapevine Comprehensive Zoning Ordinance is not applicabile.
Although the appeal was clearly not filed in accordance, with Section 68 of the Grapevine
Comprehensive Zoning Ordinance, Staff strongly urges the Board to determine that the
appeal was not filed in a timely manner, but to hear the case nonetheless.
Attached Exhibits:
Exhibit 01 — Site Plan
Exhibit 02 — Photograph of Sign
Exhibit 03 — Docuimentation, of compensation from Texas Department of
Transportation, to property owner
Exhibit 04 — Letter from applicant dated October 25, 2010
Exhibit 05 — Letter from City of Grapevine and Attorney dated December 8, 2010
Exhibit 06 — Letter from Scott Williams, (Buildingi, Official, dated February 22, 2011
Exhibit 07 — Letter from City of Grapevine City Attorney, dated' February 24, 2011
Exhibit 08 — Section 105, 20016 International, Building Code
Exhibit 09 — Section 60.A of the City of Grapevine Comprehensive Zoning Ordinance
Exhibit 10 — Section 43 of the City of Grapievinle Comprehensive Zoning Ordinance
0A13Zk20114Cases\BZA11-07 4 4
I inch = 153 feet
imam#
170,01 WEST STATE FIIWY 114
1 in..ch = 300 feet.
gzAI 1-o i
III 1 111
ROTHFELDER & FALICK, L-L.P
Attorneys At Law
RicRARD L. Ro=.L.DER 1201 LOUISIANA
tToth,felder@swbell.net SUITE 550
BOARD CERTIFIED - CIVIL TRIAL LAW HOUSTON, TEXAS 77002
March 8, 2011
City of Grapevine Board of Adjustment
c/o Mr. Matthew Boyle
City Attorney, 'The City of Grapevine
Boyle & Lowry, L.L.P.
4201 Wingren, Suite 108
Irving, TX 75062-2763
0 47 '
J
MAR 9
FACsMLE. 713-658-8211
WWW.ROTBFELDERFALICK.COM
Via FedEx, Airbill No. 8712 5685 3947
City of Grapevine Board of Adjustment Via FedEx, Airbill No. 8712 5685 3958
c/o Mr. Scott Williams
Development Services Director/Building Official
The City of Grapevine
200 S. Main
RE: Appeal of CBS Outdoor, Inc. of lite City of Grapevine's incorrect interpretation
of the Grapevine Comprehensive Zoning Ordinance and order to remove an
outdoor advertising structure located adjacent to SH 114 in Grapevine, Texas,
or, alternatively, request far a variance or special exception; Our File No. 1030-
233.
Dear Mr. Boyle, Mr. Williwns, and Members of the Grapevine Board of Adjustment:
Introduction
The law firm of Roth.felder & Falick, L.L.P. represents CBS Outdoor, Inc. ("CBS") with
regard to an outdoor advertising structure ("Sign") located adjacent to SH 114 in Grapevine,
Texas ("City" or "Grapevine"). Accordingly, we ask that you please direct all future
communications regarding this matter to the undersigned.
Request for Hearine/Notice of Appeal/Request for Variance or Si3ecial Exception
This letter is written in response to (1) an incorrect interpretation of Section 60 of the
1982 Comprehensive Zoning Ordinance of the City of Grapevine, Texas as Amended in 1984
Code"), (2) correspondence from Scott Williams dated February 22, 2011, and (3) a
conversation between our office and Mr. Boyle which occurred on March 7, 2011. As such,
March 8, 2011
Page 2
please consider this CBS's appeal pursuant to 'Section 68 of the Code, which is timely submitted
within fifteen (15) days after the date of the decision of the Building Official on February 22.
We have enclosed our check in the amount of $100.00 in payment of the requisite fee. For the
following multiple separate reasons, we respectfully request that the Board of Adjustment
Board") overturn the decision of the City pursuant to this appeal. In the alternative, we
respectfully request the City grant a variance or special exception to permit CBS to conduct
minor work to the Sign by reattaching a 4' panel that was removed to accommodate a request by
the Texas Department of Transportation ("TxDOT").
Factual Bael ground Information
The Sign which is the subject of this dispute was constructed in 1983 and has been
legally and continuously operated since that time. A copy of the pen -nit application submitted to
the City is attached as Exhibit 1, and a copy of the sign permit issued by Grapevine is attached as
Exhibit 2.
TxDOT is conducting improvements and widening to SH 114 ("Project") in the vicinity
of the City. As a result of the Project, TxDOT has determined it is necessary to acquire by
eminent domain fee title in certain land and improvements adjacent to SH 114. On September
24, 2010, the Attorney General's Office therefore filed a Petition for Condemnation on behalf of
the State of Texas ("State") to acquire property including a portion of land where the Sign is
located ("Property"). Additionally, the State's petition seeks to acquire by condemnation the
Sign owned and operated by CBS pursuant to a Lease Agreement with the landowner. A copy of
the State's lawsuit is attached as Exhibit 3, and a description, of the Property is attached as
Exhibit 4.
The Sign pole is not located on the portion of the Property the State is acquiring.
However, after the land is taken, the Sign face would overhang the easement by a few feet.
Exhibit 5 shows the Sign, and two arrows indicate the new location of the easement after the
taking, as well as the portion of the Sign that would ultimately overhang the easement. As a
result of the overhang, either the State must acquire the entire Sign structure, or the 'Sign face
must be adjusted so that the face no longer encroaches on the easement.
CBS cooperated with the State in an effort to resolve the matter with minimal financial
impact on the taxpayers and the citizens of Grapevine. More specifically, in lieu of proceeding
with a condemnation case that would cost the taxpayers hundreds of thousands of dollars in
acquisition costs, CBS was willing to simply move the Sign face a few feet. TxDOT supports
CBS's proposal to "shift" the face of its Sign four feet in the opposite direction of the easement
by removing a 4' panel from one end of the Sign and reattaching it to the other end of the Sign.
A copy of an email evidencing the State's position, as well as my affidavit attesting to same, are
attached as Exhibits 6 and 7, respectively.
The work CBS proposed to conduct on the Sign is routinely permitted under Tx OT's
regulations as set forth in 43 Tex. Adm. Code 21.160, the purpose of which is to provide for the
relocation of certain signs along regulated highways within Texas that would otherwise be
March 8, 2011
Page 3
precluded. More specifically, Section 21.160(f)(1), "Bisection", states as follows: "An existing
permit may be amended by the district office...to authorize ... a monopole sign face overhanging
the proposed right of way to be shifted to the remainder..." A copy of TxDOT's regulation is
attached as Exhibit 8.
After a review and analysis of the Code, CBS believed it was unnecessary to obtain the
approval of Grapevine to conduct such maintenance. However, out of an abundance of caution,
CBS wrote to Grapevine on October 25, 2010 in the event the City believed that its approval was
necessary. A copy of the letter submitted to Grapevine by CBS's counsel is attached as Exhibit
9. The City Attorney denied CBS's request to conduct the minor, non-structural adjustment to
the Sign in a letter dated December 8, 2010, a copy of which is attached as Exhibit 10. In a letter
dated January 7, 2011, TxDOT's agent ordered CBS to remove the portion of the Sign
encroaching on the State's right of way by February 1, 2011. A copy of this letter is attached as
Exhibit 11.
In deference to the City's denial of CBS's request to bisect the Sign as allowed under
TxDOT's regulations, and in further response to the State's demand, CBS simply removed the 4'
wide Sign panel that was overhanging the right-of-way. It is important to note, CBS DID NOT
PER -FORM THE WORK IT DESCRIBED IN THE OCTOBER 25, 2010 LETTER.
Nonetheless, both the City and the City Attorney sent letters stating that CBS's actions were
illegal, that any prior legal nonconforming status of the Sign was terminated, and ordered the
Sign removed. Copies of the letters, dated February 22, 2011 and February 24, 2011, are
attached as Exhibits 12 and 13, respectively. In response, we wrote to the City Attorney and
Director of Development Services on February 28, 2011, advising both of CBS's intent to appeal
the City's decision. A copy of these two letters is attached as Exhibit 14 and 15.
Thereafter, although it did not believe Grapevine's approval was necessary, CBS wrote to
the City on March 1, 2011, seeking approval to "re -attach" the 4' panel it removed to
accommodate TxDOT's Project to the other end of the: Sign. A copy of the March I letter is
attached as Exhibit 16. By doing so, CBS pointed out this simple action would restore the Sign
to its same 48,' overall width, thereby saving the taxpayers hundreds of thousands of dollars in
condemnation acquisition costs,. Although the City did not respond to CBS's request in writing,
in a telephone conversation on March 7, 2011, Mr. Boyle stated the City's position as denying
CBS's request to move, alter or adjust the Sign as previously set forth in his December 8, 2010
correspondence.
This appeal addresses the City's position as set forth in Mr. Williams' letter of February
22, 2011, which addressed the removal of the 4' panel from the Sign face, as well as the City's
position regarding CBS's request to reattach the panel to the opposite end of the Sign, which was
verbally denied by Mr. Boyle on March 7, 2011.
March 8, 2011
Page 4
Discussion and Analysis
Grapevine has zoning regulations, in Appendix A and Appendix D to the City's Code of
Ordinances, and also has a separate Zoning Ordinance which consists primarily of Appendix D
referenced above. Appendix D to the Code of Ordinances is also known as Ordinance 82-73. P.
Grapevine's Zoning Ordinance consists of Appendix D plus some additional regulations relating
to bylaws, and is referred to as the "1982 Comprehensive Zoning Ordinance of the City of
Grapevine, Texas as Amended in 1984".
No permit was requiredLor the work under,Ap endix A. a_
Appendix A was passed in 1970 as Ordinance No. 70-10,. Appendix A is not contained in
the document Grapevine refers to as its Zoning Ordinance. However, pursuant to Sections 74
and 75 of the Zoning Ordinance, this earlier zoning regulation has not been repealed. Therefore,
a brief discussion regarding Appendix A follows.
Appendix A's definition of "structure" specifically includes signs. Section 11-100 (50)
defines "Structure" as follows: "A structure shall be interpreted the same as a building, but shall,
in addition, include such items as aftee-standing ground sign and pylon; when erected on a base
and not made integral with a building." (emphasis added) "Sign" is defined in subsection I I-
10:0 (66) as "Any structure or object which is placed, arranged, colored, designed, or constructed
for the purpose of advertising or attracting attention to a building, business, product, activity, or
service."
Section 6 sets forth regulations applicable to all, districts. Subsection 6-101 states that
No building or structure shall be erected, raised, moved, placed, extended, enlarged, converted,
constructed, reconstructed, or structurally altered," except in conformity with the prescribed
regulations. However, the regulations do not address permitting requirements.
Section 9 of Appendix A sets forth Grapevine's sign standards, and permits advertising
signs in districts L-1,1-1, and 1-2. Section 9-100 states that "No sign shall be erected, placed, or
located except in accordance with the... standards." This section addresses the erection, as
opposed to the repair, remodeling, alteration, or relocation of a sign. In any event, as in Section
6, there are no permitting requirements.
The definition of "structure" includes signs, and the ordinance prohibits the alteration of
structures except in conformity with the prescribed regulations. However, it is important to, note
that there are no permitting requirements for altering a sign included in Appendix A. Therefore,
under the regulations set forth therein, CBS was not required to obtain a permit prior to removing
the 4' panel from the Sign face, nor would CBS be required to obtain a permit before reattaching
the panel to the opposite end of the Sign face.
March 8, 2011
Page 5
The Sign is ea le illexistin non -con ormin strueture under the Code.
Section 43 of the Code addresses nonconforming uses and structures. Section 43A
specifies "Types of nonconformity" as "Any use of land or buildings which does not conform to
use regulations prescribed in this ordinance..." Since off -premise advertising signs are currently
prohibited under the Code, CBS's Sign qualifies as a legally existing non -conforming structure
under Grapevine's regulations.
Subsection 43D3e states that "Whenever the structure, in which a nonconforming use is
housed, operated, or maintained, is destroyed or damaged by fire or other causes to the extent of
more than 60 percent of the replacement cost of the structure, on the date of the damage, the right
to operate such nonconforming use shall terminate." Section 43G states that "In the event of
damage or destruction of a nonconforming structure to the extent of 60 percent of the
replacement cost of such structure on the date of such damaged, such nonconforming structure
may be rebuilt only after public hearing and favorable action by the board of adjustment as
provided by Section 67A." Similarly, Section 60C I 1 provides that a "sign which has been
permitted to remain in place as a nonconforming use shall be removed when the sign, or a
substantial part of it is blown down or otherwise destroyed or dismantled for any purpose other
than maintenance operations or for changing the letters, symbols, or other material on the sign."
While we acknowledge that the Sign has not been damaged, destroyed, or dismantled,
these provisions appear to be the closest and most analogous to the situation involving CBS's
Sign. Applying the 60% test to the Sign, CBS's removal of the 4' panel and request to "shift"
the Sign face 4' to the opposite end by reattaching the panel to the opposite end of the Sign face
should be permitted under the Code. The replacement cost for the Sign is estimated at
48,500.00. A copy of the estimate documenting same is attached as Exhibit 17. By
comparison, the cost to "shift" the Sign face four feet to one side by removing a 4' panel and
reattaching it to the opposite end is $9,800.00. And, if the Sign remains in its current
configuration, i.e., a 14' x 44' structure due to the removal of the 4' panel, the cost drops to
1,600.00. A copy of the estimate documenting these costs is attached as Exhibit 181. Copies of
engineering drawings detailing the proposed modifications are attached as Exhibits 20 and 21.
Clearly, the cost to modify the Sign is less than 60/0 of the cost to replace it, and the adjustment
should be permitted under Grapevine's Code.
The ad'uwtrnent to the Sin did not increase the non -con Lo use.
Sections 43D2 and 43F of the Code prohibit the remodeling or enlargement of a non-
conforming use. CBS has neither remodeled nor enlarged the Sign. The removal of the 4' panel
in no way constitutes "remodeling" of the structure, as the panel was simply cut off without any
structural changes occurring. Further, the removal of the panel actually decreased the non-
Exhibit 18 shows an estimate for a third option at a cost of $12,900.00. This estimate involves removing 8' of the
Sign face and relocating the 8' to the opposite end of the Sigh face. This estimate was obtained in order to
accomodate a 5' setback required by TxDOT. However, TxDOT ultimately waived the setback requirement, so
this proposed modification is moot. Exhibit 19, a copy of an email from the attorney representing TxDOT, verifies
TxDOT's waiver.
March 8, 2011
Page 6
conforming structure from 14' x 48' to 14' x 44'. CBS seeks to reattach the removed panel to
the opposite end of the Sign face. If it is permitted to do so, this adjustment would not constitute
remodeling", nor would it increase the non -conformity of the structure.
In summary, CBS has not increased the degree of non -conformity. Instead, it has
actually made the Sign smaller by the non-structural removal of a panel. Moreover, it did so
pursuant to the State's demand to clear the right-of-way, and the Code contains an exception
under such circumstances, as discussed below.
CBS should not be deprived of its non -conform vested pLqperty
The Fifth Amendment of the United States Constitution provides "private property may
not be taken for public use without payment of the market value for that property." Harris
County v. Clear Channel Outdoor, Inc., 2008 WL 1892744 at *4, citing State v. Ware, 86
S.W.3d 817, 821-22 (Tex.App. — Austin 2002, no pet.). The term "taken" is construed broadly to
mean the deprivation of the former owner rather than the accretion of a right or interest to the
condemnor. Harris County, 2008 VVL 1892744 at *4, citing United States v. Gen. Motors Corp.,
323 U.S. 373, 378, 65 S. Ct. 357, 359, 89 L.Ed. 311 (1945). "Under the Fifth Amendment 'just
compensation' means the full monetary equivalent of the property taken." Harris County, 2008
WL 1892744 at *4, citing Almota Farmers Elevator and Warehouse Co. v. United States, 409
U,S. 470, 473, 93 S .Ct. 791, 794, 35 L. Ed, 1 (1973)..
The Texas constitutional Takings Clause, Article 1, Section 17', is even broader than the
Fifth Amendment: "no person's property shall be taken, damaged or destroyed for or applied to
public use without adequate compensation being made, unless by consent of such person."
Texas law is in accord with the U.S. Supreme Court's holding in General Motors, supra, that a
taking" is determined by deprivation to the property owner, not gain to the condemnor. State v.
Ware, 86 S.W.3d 817, 825 (Tex.App. — Austin 2000, no pet. ("A condemnec must be paid for
what it has lost, not for what the condemnor has gained.").
As in the federal system, the word "property" in Article I Section 17 of the Texas
Constitution is broadly defined, and "is doubtless used in its legal sense, and means not only the
thing owned, but also every right which accompanies ownership and its incident." Gulf,
Colorado & Santa Fe Ry. v. Fuller, 63 Tex. 467, 469 (1885); accord Houston X Shore Ry. Co.
v. Tyrell, 98 SW.2d 786, 793 (Tex. 1936). The "constitutional protection is not confined to real
property, but includes any character of property necessarily damaged in promoting a public
enterprise." Dallas County v' Hart Bros, 271 S.W. 408, 409 (Tex.Civ.App. -- Texarkana 1925),
rev'd on other grounds, 279 S.W.2d 1111, 1112 (Tex. Comm'n App. 1926, opinion adopted);
Renault, Inc. v. City of Houston, 415 S.W.2d 9418, 952 (Tex. Civ. App. --Waco 1967), rev "d on
other grounds, 431 S.W..2d 322 (Tex. 1968) ("The terms 'property' as, used in the Fifth
Amendment to the constitution relates to every species of property including personalty.")
Based on the foregoing, the City's failure to allow CBS to remove and reattach the panel
in compliance with a governmental directive to do so, effectively deprives CBS of its vested non-
conforming property rights.
March 8, 2011
Page 7
The adjustment to the Si a,n waspennitied under the -ht -o -w ay Uce iri,_ption to the Code.
Section 431 addresses right-of-way acquisitions such as what has occurred between the
State and CBS. It states an exception in subpart 2 as follows: "In the event a right-of-way
acquisition by a governmental agency causes a property or its existing improvements to be in
violation of a City zoning ordinance, subdivision rule, or other land use regulation or ordinance,
the property shall be exempt from the provision to the extent the violation is caused by the right-
of-way acquisition...", subject to certain conditions which do not apply to CBS's Sign. Section
431 defines "governmental agency" to include the State of Texas, and defines "right-of-way
acquisition" to mean "the securing of right-of-way through ... condemnation, or other means by
use or threat of eminent domain..." Clearly, this section is applicable and excuses CBS from
compliance with the Code the City asserts precludes removal and/or reattachment of the 4' panel
from the Sign face.
Re nest for Variance or Special Exception
Section 681-12 of the Code gives the Board the power "to hear and decide special
exceptions to the terms of this Ordinance upon which the Board is required to, pass under this
Ordinance, if any." Additionally, under Section 68113, the Board has the power "to authorize
upon appeal in special cases, such variances from the terms of this Ordinance as will not be
contrary to the public interest, where, owing to special conditions, the literal enforcement of the
provision of this Ordinance will result in unnecessary hard -ship, so that the spirit of this
Ordinance shall be observed and substantial justice done."
As pointed out above, removing a 4' panel from the Sign face reduced the size of the
structure. Furthermore, reattaching the panel to the opposite end of the Sign face does not result
in the enlargement of the structure. As shown in the photographs attached as Exhibits 22
through 27, the modification to the Sign is virtually impossible to detect. Exhibits 22 and 23
show the Sign before the 4' panel was removed, and Exhibit 24, by contrast, shows the Sign after
the removal occurred. Similarly, Exhibits 25 and 26 show the Sign before the removal, with a
different ad displayed, and Exhibit 27 shows the Sign after the removal. There is no detectible
difference, the citizens of Grapevine have not been harmed, and the removal and anticipated
reattachment of the panel is not contrary to public interest.
CBS continues to maintain that a permit was not required in order for it to remove the 4'
panel, nor is a permit required to reattach the panel to the other end of the Sign face. In the event
the Board disagrees, CBS urges the Board to grant a variance or special exception from the terms
of the Code, as such action is more than justified in this situation. CBS has worked in
cooperation with the State to avoid the necessity of an eminent domain proceeding which would
cost the taxpayers hundreds of thousands of dollars in acquisition fees, resulting in an
unnecessary hardship to the citizens of Texas. The literal enforcement of the Code in this
situation is not warranted.
March 8, 2011
Page 8
For the foregoing multiple separate reasons, CBS respectfully requests the Board
overturn Grapevine's decision and allow CBS to perform the work necessary to the continued
operation of its Sign. Please do not hesitate to contact me with any questions or comments, or
should you require any additional information or care to discuss this matter further.
Additionally, please contact the undersignej_xe garding scheduling the hearing of CBS's appeal. tp
V ry trulytrurs, t ly
V4C
Richard . Rothfelder
TLD
Enclosures
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CSJ" 0353-03-088
2010 NOY I 1 1: 25 PARCEL: 23
Ru NO. 10-85470-2
TIME' : STATE'. Q E. TjiW § CONDEMNATION PROCEEDING FILED
V. § IN TBE COUNTY COURT AT LAW NO, 2
SAM'S REAL ESTATE BUSINESS §
TRUST, A DELAWARE STATUTORY §
TRUST, ET AL. § OF TARRANT COUNTY, TEXAS
AWA" OF SPRCTA 1, COMMISSIONM RS
OnNovember 10, 2010, inthe-NorthTexas CDA ProjectOffice, 3301 Airpoil.Freeway, Suite
100, Bedford, Texas, the above -styled cause came on to be heard before the undersigned, three
disinterested freeholders of Tarrant County, Texas, heretofore appointed as Special Commissioners
by the Judge of the County Court at Law No, 2 of Tarrant County, Texas, to assess the damages
caused by this condemnation proceeding, and came the Plaintiff, the State of Texas, represented by
the Attorney General of Texas, and came also the Defendant(s), either individually or represented
by counsel, or, having been duly served with Notice of Hearing declined to, appear, and the parties
present having announced ready, the Special Commissioners proceeded to hear evidence and
arguntents of the parties and made the following findings:
1.
That on September 24, 2010, the State of Texas, acting by- and though the Texas
Transportation Commission as Plaintiff, filed a written Petition for Condemnation with the said
Judge of Tarrant County, Texas, wherein upon the facts and for the put -poses therein stated, it seeks
Vl-intiff the fep t; ir,
described land and improvements, if any, but providing that there is excluded from said estate to be
TRUL; AND CORRECT COPY OF
ORICHNALIMORDFILM) IN
TAR"NT COUNTI"TEXAS-
uSUZANNEHENDjjON,C6 -KrYCLFM
condemned all the oil, gas, and sulphur which can be removed from beneath said land and
iniproyements, if any, without any right whatever remaining to the owner(s) of such oil, gas and
sulphur of ingress or egress to or from the surface of said land for the purpose of exploring,
developing, drilling -or mining of the same, all as provided by Title 6 of the T -P -X, TRAN81", ODE
ANN. (vERNoN 19,99), which land is situated ill Tarrant County, Texas and is described in Exhibit
W' attached hereto and incorporated herein for all purposes.
11
That upon considevation of the 4uteri Petition filed by the Plaintiff, the Judge of County
court at Law No. 2 of Tarrant County, Texas, did, on September 24, 2010", appoint Mike Hrabal,-
Daniel Bates, and JohnMaddux, three disinterested ftceholders, of Tarrant County, Texas, as Special
Commissioners to assess the darnages caused by the condemnatio'n of the landaiiol improvements,
if any, and property rights.
That thereafter said Special Commissioners were duly qualified as such, each taking the oath
prescribed by law, which oaths are on file with the papers in this cause.
on
That after, having so qualified, the Special Commissioners, on October 5,,2010, by written
order beating said date, designated and appointed November 10, 2010, at 1.00 pan,, at 3301 Airport
Ppeoway, Suite 1,00'. Befford, Texas, as the date and place for hearing the Petition and parties, said
date being the, earliest practicable time and such place being in the county in which the land and
improvements, if MY, is situated.
AWARD OF SPECIAL COMMISSIONERS -PAGE 2. corp
0 Klolbl h- VL. C r 1"'X Ns'
f C . (C)U10"
V.
That on October 5, 2010, the Special Commissioners issued written notice of such date and
place of hearing, and the Defendants, Sams Real Estate Business Trust, aDelaware Statutory Trust;
Stacey -Trip, L.L.C., a Colorado Limited Liability Company; CBS Outdoor, Inc., a Delaware
corporation, successor in interest to Reynold's Outdoor, Inc., a Texas corporation; Clear Channel
Outdoor, Inc., a Delaware, Corporation.; and GE Capital Modular Space, a division of Transport
Inteauational. Pool, Inc., aPennsylvania corporation, were duly served with notice and notified in the
manner provided by law of such hearing and the time and place, thereof,
W
That on November 10, 2010, the Special Commissioners did convene and the foil irOwing
named parties appeared in person or by their attorney, or, having been duly served Notice of He'aring .
declined to appear: The State of Texas, represented by the Attorney General of Texas; Sam's Real
Estate Business Trust a Delaware, Statutory Trust; Stacey -Trip, LI.C., a Colorado Limited Liability
Company; CBS Outdoor, Lic,, a Delaware corporation, successor in interest to Reynold's Outdoor,
Inc,,.a. Texas coxp oration; Clear Channel Outdoor, Inc.,'a Delaware Corporation; and GE Capital
Modular Space, a division of Trahsipoit International Pool, Inc., a Pennsylvania' corporation, and
announced ready for such hearing, and the Special Commissioners proceededoceeded to hear evidence as to
the damages which will be sustained by the owner(s), by reason of the condenmatioli of the land and
iinprovements, if any, and, after hearing and considering such evidence, the Special Commissioners
did find and determine and accordingly assess damages to be paid by the State of Texas for this
Condemnation according to the rules of damages set forth in SECTION 21.0 2 of the TEXAS
PROPERTY CODE, in the t6ta7 ainount of:
AWARD OF SPECIAL COMMISSIONEM - PAGE'3
AM 6 comt-CT COPY OF
MR0 Fit'rio IN, oPwINXLa .
ergxAs, TARRM41 COWM
SUCoutj'ry C]XM
ZAINNU IWIADVM"
A-10 DOLLARS($ -7
Sam's Real Estate Business Tnist, a Delaware Statutory Truster
1- —) -- T/ "? Stacey -Trip, L,L,C., a Colorado Limited Liability Company,
4
11 f
CBS Outdoor, hic,, aDelaware corporation, successor m interest to Reynold's.Outdoor, Inc., a Texas
Corporation,,'—
Clear Channel Outdoor, Inc., a Delaware Corporafion;-4w,
MIT A r Iff! NO
RENDERED this theday ofJ2010. A4vzw1ek-- ,
4K—B HRABAL'------'---"
i5A JEL BATES
I -IN M DDUX
SPECIAL COMMISSIONERS
The costs of this proceeding are adjudged against the State of Texas. Stich costs are to be
paid to the County Clerk of Taii:ani County, Texas, except for the f6es due the Special
Commissioners, which shall be paid directly by the State of Texas to such Commissioners.
The costs which have accrued to date are as follows -,
Fees U40 Speclal Commissioners as set by the COMV
AWARD OF SPECIAL COMMISSIONERS - PAGE 4
TRUE A14D CORE(TR,- Copy or
C01U) FIL21) INgIq11,1A1, KE
1
4 J'NITCOUNTY TFX&S.
suzAlt%
AoNE lir lqm' SONCOUNV LL
7`
s 6 to MIKE HRABAL hours
to DANIEL BATES hours
to JOHN MADDhours
The Clerk of this Court is hereby ORDERED to notify all parties or their attorneys of record,
as listed in Exhibit "B" attached hereto, of the filing date, of this Award by certified mail, return
receipt requested, at their addresses of record pursuant to SECTIO -N 21.049, TEXAS PRQPRRTYODE.
The foregoing decision and Award was filed with me this the day of
T, Wt`s- 2010.
JUDGE, 'County C
of Tarrant County,
at Law No, 2
0
I
AWARD OF SPECIAL COMMISSIONERS - PAGE S.
jND COMM: - Cl' colly ov
4.
VILE D 114
TEXAS' 4i TARVANT UN-fy CiXv-y' vlv"Nomo'N' Co
County: Tarrant Page, I of 7
Parcr,P 23 March 3, 2010
Highway: SH 114
Limits' From BS 114L in Grapevine to Dallas County Line
Fedoras Aid Project No: NH 2009 (95&) Sq3
R.O.W. CSJ: 0353-03.098
DESC111PTION FOR PARCEL 23
Desoription of 40,372 square feet of land out of Ambrose Poster Survey, Abstract No- 518, in the
City of Grapevine, Tarrant County, Texas, same being a portion of Lot 1, Block 1, of Lot I and Lot
2, Block I Wal-Mart Addition-Ariiended, a subdivision of record in Cabiliet A, Slide 8845, Plat
Records, TaiJrant County, Texas, said Lot I being described in 0, Warranty Deed, dated Septenib6r 4,
2003 to Sain's Real Estate Business Trust, of record in Volume 17176, Page 98, Official Records,
Tarrant County, Tex as; said 40,372 square feet of land being more particularly described by metes
and bounds as follows -
COMMENCING at a 1/2 inch iron rod found with cap at the most westerly southwest comer of said
Lot 1, Block I and said San -i's tract, same behig in the north line of Lot 2, Block 1 of said Wal-Mart
Addition -Amended, said Lot 2, Block I being described in.a deed to Wal-Mart Real Estate. Business
Trust, of record in Document No. D2040348'50, Official Records, Tol-rant County, Texas and also
being the southeast comer of Lot 7-A of'Lot 7-A Grapevine Industrial Park, a subdivision of record
in Volurne 388-173, Page 87, Plat Records, Tarmat County, Texas, said Lot 7-A being described in a
deed to CBR Associates Joint Venture, of record in Volume 10294, Page 5, Deed Records, Tarrant
County, Texas,
THENCE, with ffie west line of said Lot 1, Block I and said Sani's tract, Nort'li 00 degrees 47
minutes 32 seconds We.3t 501-09 feet to a calculated point at. the northwest earner of said Lot 1,
Block 1, and said Sam's tract, same being tie southwest comer of Lot 1, Block A, of Lot I and 2,
Block A,,Storgunrd,No- I Addition, a subdivision of record in Cabinet A, Slide 2339, Plat Records,
Tarrant County, Texas, said Lot 1, Block A, being described in a deed to Ess Pris:a Texas LP, of
record in Documeat No. D205214 ' 1917, Official Records, Tarrant Cdunty, Texas, sarna being bi tile
east line of Lot 5 of Grapevine Industrial Park Subdivision, a subdivision of record in Volume 388-
140, page 84, Plat Records, Tarrant County, Texas;
TIJENCE,.with the north line of said Lot 1, Block I and said Sam's tract and the south line of said
1 0 North minutes 49Lot1, Block A, Storguard No. I Addition and said Ess Prisa tract, No -li 89 degrees 09
seconds East 813.40 feet to a 1/2 inch iron rod set with a TEXAS DEPARTMENT OF
TRANSPORTATION (TxDOT) alvininum cap for the POINT OF BEGINNING and tile, northvest
corner of this tract, same, being in the proposed west Right -of -Way (ROW) line of Sli 114, IM57
feet right of 814,114 Baseline Station 356+31.06,
1) THENCE, with the nortb line of tbis tract, said dot 1, Block 1," amid said Sam's tract and the
south line of said Lot 1, Block A and said Ess Prisa. tract, North 89 degrees 09 minutes 49
a,112 inch iron rod found wifh--4rV tirls' k.-11-
tjict, said Lot 1, Block 1, and said Sam's tract and the southeast comer of said Lot 1, Block A
mid said ESS Prisa tract, same being in the existing west RONV line of SH 114 and tile went filie
ofthat tract described as 11,467 acres in a deed to State of Texas, of record in Volume 3 83 0,
Page 116, Deed Records, Tan -ant Coonty, Texas, and the north comer of that tract described as
0.543 of one acre, in a deed to. State of Texas, of record in Volume 16946, Pagq 1780 Deed
Records, Tarrant County, Texas; If P W AND COKROCOPY
okloll\'Al, 1=01U) FILFD IN
TARiwNi'r COMITYTEXAS'
suZAM -, IM1N1?EKS0N,C0U14TY'
CLFBX
County: Tarrant Page 2 of 7Parcel: 23 March 3, 2010
Highway. SH 114
Limits: From BS 114.E in Grapevine to Dallasallas County Line -
Federal Aid Project No.: NH 2009 (9-55)M
R.O.W. CSJ: 0353-03-089
DESCRIPTION FORPARCEL 23
THENCE, with the northeast line of this tract, said Lot 1, Block 1, and said Sala's tract and tile
existing west ROW line of SH 114 and tile west line of said 0.543 of one acre State of Texas tract,
flie following four (4) courses, nuilibered 2 through 5;.
2) South 30 degrees 31 niffintes 02 seconds East 115,52 feet to a calculated point, -fi-oll-k
which a TxDOT Type IT concrete monument found be= North 44 degrees 03 minutes 47
secoilds West -7.10 feet,
3) South 28 degrees 28 minutes 02 seconds )01 ast 263.45 feet to a 081culated point, from
which a 1/2 inch iron rod found bears North 56 degrees 12 rninutes. 53 seconds E 0127
feet;
49 with a curve to flip left, Wilose intersection angle is 05 degrees 20 Ininutes 57 seconds,
radius is 2,885.88 feet, an are distance of269.43 feet, the chord of wbich bears South 30
degrees 57 «minutes 21 seconds East 26933 feet to 0 calculated point,, frown which a
TxDOT Type It concrete monument found bears North 56 degrees 12 Minutes 53 seconds
East 0.98 feet; and
5) South 33 degrees 47 minutes 07 seconds East 52.47 feet to a OA16ulated Point at the, east
corner of this tract, said Lot 1, Block 1, mid said Sain's tractsinne being ill the north line
of the Dalias Area Rapid. Transit Property Acquisition Corporation ROW, of record in
Volume 10146, Page 640, Deed Records, Tarrant County, Texas;
6) THENCE, With the South line of dqs tract, said- Lot 1, Block 1, and said Sant's tm(,,t a'li'd the
north line ofsaid Dallas Ared Rapid Transit Property, South go degrees 00 niiijutes 18 ,seconds
West ZZ.33 feet to a TXDOT Type 11 concrete monument set at the southwest corner of this
tract and the beginning of this "access: delual line", sarne being in the proposed southwest RowlineofSH114' ;
THENCE, with the southwest line of this tract mid the proposed southwest ROW line oaf SH 114,
crossing said Lot 1, Block I and said Sam's tract, the following five (5) courses, numbered 7 through
7) with this "access deilial 11no', with a curvo to the tight, whose intersection angle is 34
degrees 59 mill-tites 23 seconds, radius is 137.00 feet, passing at an arc distance of 67-93
feet, as 1/2 inch iron rod set , with a ADOT''alunninum cap stamped '!ADV' fortheend.pf.
Ifile, 7conffilaffig aftl arc distilicle of 15-73 feet for a total arc distance of
83.66 feet, the chard of which. bears North 51 degrees 08 minutes 08 seconds West
82.37 feet to a TxDOT Type 11 concrete mollunlent set;
04NT TRUBANO CORMTCO" o"
ORIGIN Al, VL CoIkD Ffl-r-D IN
rAmArrr C.0%tVYJf-,),.AS'
County-. Tairant Page 3 of 7
Parcel: 23 March 3,2010
Mghway: 814114
Limits: From BS I 14L in Grapevine to Dallas County Line -
Federal Aid Project No. . NH 2009 843
R,O.V CSJ: 0353-03-088
DESCRIPTION FOR PARC EL Z3
8) North 33 degem 38 minutes 30 seconds West, passing at 21,45 feeta 1/2 inch iron, rod
sot with a TxDOT Edumbluni vap stamped "ADU' for tine begiming of this "access de,)al
lin&', continuing 338.301 feet, with this "access denial line") to a IJ2 inch irou rod set with
a TxDO,T aluminum cap stamped ,"AD L" for the end of this "access denial line"
continuing 49,47 feet to a 112 inch iron rod set with a TxDOT aluminum cap staniped
ADU for the beginning of this "access dermal line". continuing 51.31 feet, with this
access dental line"", for a total distance of 460;53 feet to a TxDOT Type H concrete
InonU1110:11t set;
9) with this "access deni'al ljoe", With a turve W the right, whose intersection angle is 48
degrees 49 minutes 56 seconds, radius is 122.00 feet, an are distance of 103.99 feet, the
chord of which bears North 09 dogrees 13 nainutds 29 seconds West A0.86 feet- to a
TxDOT Type 11 concrete monument set;,
10) with this "access denial line", with g curve to the left, whose int"section angle is 48
degni50'minutes 13 seconds, radius is 78-00 feet, an aro distame of 66.48 feet, the
chord of which bears North 09 degrees 13 minutes 29'seconds West 64.49 feet to a
TxDOT Typeff concrete monunient set; and
1-R913 AND CORRECT COt'Y Or'
q, ORIG IN All XLCO p 1) H I X -D IN
TARIUNT c.WNTYJFXAS;
SUZONYIAEN -P'SO, OUNTY CLBT
County: Tarrant
Parcel. 23 Page 4 of 7
Highway: SH 114 March 3, 2010
Limits. From . BS 114L in Grapevine to Dallas County Line
Fedem, I Aid Project No-: NH 2009
R.O.W. CSJ; 0353-03-088
DE SCRIPTION FOR PARCE L 23
11) with this "access denial line, North 33 degrees 38 minutes 30'seconds W, ;passing at45.96 feet, a 1/2 hich iron rod set with a TxDOT aluniinuill cap stamped "ADL- for time
end of this "access denial line,, continuing 53.37 feet to a 1/2 inch iron rod set with a
TxDOT aluminum cap stamped "ADV' for the beginning of this ,access denial lige", continuing 17.17 feet, with this "access denial line" for a total distance of j16.50 fee
I
t to
the end of this "access denial line" and to the POW OF 13EGINNIN3 and containing40,372 square feet withi 11 these nietes and bounds, more or less'.
This description accompanies a parcel map of even date herewith.
All bearings are based oil the Texas State Plane Coordinate System,. North Central Zone,
NAD83(96) CORS. All distances and coordinates were adjusted to S131fice ushig a combined scalefactorofLOD012-
ACCESS IS DENTED TO, AND FROM THP; TRANSPORTATION FACILITY ACROSS THE - ACCESS DENIAL LINE".
STATE, OFTEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF.TRAVIS
That 1, Cluis Conrad, a Registered Professional Land Surveyor, do hereby certify that theabovedescriptionistrueandcormottothebestofnayknowledgemidbeliefandfilattilepropertydescribedhereinwasdeteirairtedbyasurveymade - on the arowid under my direction andsupervision.
WITNESS MY HAND AND SEAL at Austin, Travis County, Texas, this the
3rd day of March, 2010 A.D.
SURVEYED BY:
1'v CG & NeGRAY LAND SURVEYORS, INC., OF
330114aricook Drive, Suite 6 Awfla, Texas 18731 (512) 451-8591 4P 0..
CHRIS CC NR
0
5623
V%
and Surveybr 140, 5623
2010/SHIMA:IarccI23R2
Issued 1/22110, Devised' 3/3110
TRUB AND CIONUICI COPY OV
0KI(JINAL R-WOM FILrIn 114
TARROT C,0UJ4'5Y, TEXAS:
WZAIM 11Q,140V-9-S01A1("0M'(yQLEM
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SCA -LE. 1 200' PLAT TO
PARCEL
VAN CLF-vr INVESTUtNIS. INC.
VOL, 11660, PO, 1060 LOT I
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2,515 AC) 'VANCLEVE A00111ON
CAB A, SL 22V, PRT.0
OUDDYBOY PRUI LLC
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DESCRIPTION
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CALL A. I 2339 pp.T,07-1 fir. C
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5214187 a.wt.Ta„ BLOCK A ACI A
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AUANT COUNTY, TPXASI
U'ZANNE HEND8RSOI COUNTY
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A PLAT OF A, SURVEY OF
PARCEL 23
iD—N PAR—CEL Dqpxftept
A STATE H16HWAY 114 23 ar Trumparlation
ALE FIEDERAL No PROJECT NO, R.ox-c - 5. J. 4 0—tv-1
TARRANT
md
a so 100 2QO
SCALE: i" = loo'
P.O.D.
SH 114
STA. 356+37.08
199.%7' RT,
END ACCESS
DENIAL,UNC
STA, 356454.24 -
T,
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PLAT TO ACCOMPANY
PARCEL DESCRIPTION
STAMPM
SIX 363+6084
267,45- ii 01-',
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AW
TAgLE
357407.87
100,74' AT,
R IL RADIUS
Nd AMSS
EIIIALag STA. 67 E3.56
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DO 269.43 2885,80 05 b 134,8
STA 358+lZ22W'
22211-16 PIRIT28.06' RT.
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SQ FT
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0
40,3712 SQ. FT.
STA, 359+04,61
26&35' UT
STA. 359+559I '0
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all. AU.
LOT 1, BLOCK I DENIAL UNE
STAMPEo
LOT i AND LOT 2, 13LOOK I
ADI,
STA 360+M39WAL-MART ADDITION - AMENDED 2013-30' 4r.
CA13, A, Sl- 8845 P.RT.C. END AMSS
DENIAL UNE
STAMPED
AOL*
SAM'S REAL ESTATE BUSINESS TRUST
VOL, 17176, PGE 98, O.RT.C.
LOT 1)
I PACE 6 OF 7
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PAGE 7 OF 7
I IL_O 03/16
PLAT TO ACCOMPANY
PARCEL DESCRIPTION
NOTES.,
1) BEARINGS AND COORDINATES ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, NORTH CENTRAL ZONE, NADB3(96)
CORS. ALL DISTANCES AND CODRDINATES WERE ADAJSTEO TO SURFACE USING A COMBINED SCALE FACTOR OF 1.00012,
2) )1APROVEMENTS SHOWN ARE FROM iDIGITAL PHOTOGRAMMETRY FILES ANP/OR THE ADDITIONAL DELINEATION OF IMPROVEIAENTS
WHICH HAVE BEEN BUILT (OR REMOWD) AFfER THE PHOTOGRAMMETRY WAS DEVELOPED.
3) THE EASEMENTS SHOWN OR NOTED AND ADDRESSED ON THIS SURVEY ARE THOSE LJsTE0 IN SCHEDULE 13 OF THE TITLE
COMMITMENT ISSUED BY UNIVERSAL LAND TITLE OF NORTH TEXAS, LLC, AND, LAWYERS 'TITLE INSURANCE CORPORATION,
GF NO, 0913999-704, EFFECTIVE DATE, AUGUST 24, 2009, B, COD am. ISSUED SEPVMBER 6, 2000, 8.'00 am.
4) ITEM 10-c, (VOL. 3830, PC. 1[16) IN SCHEDULE 9 DOES NOT AFFECT THIS TRACT,
6) THE ACREAGE CALCULATED AND SH" HEREON IS CONVERTED FROM THE SQUARE FOOTAGE SHOWN HEREON, AND IS FOR
INFORMATIONAL PURPOSES ONLY.
6), ACCESS IS DENIED TO AND FROM THE TRANSPORTATION FACILITY ACAROSS THE "ACCESS DENIAL LIN{!"'.
7) ALL RECORD STATE OF IUAS RIGHT—OF—WAY DEEDS SHOWN ARE RECORDED IN THE DEED RECORDS OF TARRANT COUNTY,
TEXAS UNLESS OTHERWISE NOTED.
I HERESY CERTIFY THAT THIS PLAT IS 'TRUE AND CORRECT To VE
BEST OF MY KNOVkEDGIE AND BELIEF AND THAT THE PROPERTY
STOW M HEREIN WAS DETERMINED BY A SURVEY MADE ON THE
GROUND UNDER MY DIRECTION AND SUPERVISION.
CHRIS CONRAD, REM PROF, LAND SORVEY613 —NO561-S, DATE;,
ACOUI$1710N
TXDOT TYPE I CONCRETE MONUMENT FOUND
SURVEYED AREA
TXDOT TYPE R CONCRETE MONUMENT FOUND
53 TXDOT TYPE 11 CONCRETE MONUMENT SET
0 1/2" IRON ROD SET W17H TXDOT ALUM C.AP
g) 112- IRON ROE) kUND WITH CAP
0 1/2" IRON ROD FOUND (UNLESS NOTED)
0 SQUARE—HEAD BOLT FOUND
0, IRON PIPE FOUND (SIZE NOTED)
FENCE POST
CH18EL MARK FOUND
A 60D MAIL FOUND (UNLESS NOTED)
A CALCULATED POINT
It PROPERTY LINE
Q STATE' HIGHWAY 114 BASELINE
N.T.S. NOT—TO—SCALE
XXX) RECORD INFORMATION
P,o a. POINT OF BEGINNING
P.O C. POINT OF COMMENCEMENT
R.O.W, RIGHT—OF—WAY
ESMT- EASEMENT
P.U.E. PUBLIC UTILITY EA50ENT
P.R Tc PLAT RECORDS, TARRANT COUNTY
D.R T.c. DEED RE=RDS, TARRANT COUNTY
0A.T.O. OFFICIAL RECORDS, TARRANT COUNTY
DISTANCE SHOW NOT TO SCALE
APPRO)OMATE. SURVEY UNE
ArCU-, DENM LINE—
I HERESY CERTIFY THAT THIS PLAT IS 'TRUE AND CORRECT To VE
BEST OF MY KNOVkEDGIE AND BELIEF AND THAT THE PROPERTY
STOW M HEREIN WAS DETERMINED BY A SURVEY MADE ON THE
GROUND UNDER MY DIRECTION AND SUPERVISION.
CHRIS CONRAD, REM PROF, LAND SORVEY613 —NO561-S, DATE;,
ACOUI$1710N
SQUARE FEET
40,372
SURVEYED AREA 766,948
REMAINDER AREA 718,576
TRUE AND COVcR'7C-T "_Op A PLAT OF A SURVEY OF
Fcr 11111) , O'RJ) F IN PARCEL 23
ar
TARRANT coU147Y, T F X49M cl sm STATE HIGHWAY 114
SCALE FMZRAL AID PRMCT RM vat --o. 3
I" = 90 MR20 9(e96)1J4_q 0353-3
0
3
562-3
M a z %
w
DepargleInteo,rl T, a 1 04 tto, I
xw tr W
M:\09,-124—ForL-Wc)rth—funneL-Ptoloot\Porcelu\PAR-23—.KEV I
July 2010
Parcel 23
Co'u"nty: Tarrant
CSJ: 0353-03-088
DPW Connector
81-1114: From BS 114L in Grapevine to Dallas County Line
11
AND IN ADDITION 111BRETO
The temporary right to enter upon the remainder of the, here -in described parcel for tile
sole purpose of removing those two certain outdoor advertising signs situated partially
upon the herein described parcel and partially upon the, reraiinder of the herein described
parcel.
Ire, mr:orkRrCrCoPy0'F01tJoItIALII)
J=ORD JLW IN
O
TARRAM' COU14-1-Y TEXAS:
SMANKti NTiF, LS iN, COUNTY CI,Fr,'K
oners' Award
Nvith dudge of _this Court'
Sam's Real Estate Business Trust, a Delaware Statutory Trust
Registered Agent for Service,: The Secretary of State of the State of Texas (or any Assistant
Secretary of State, or any clerk having charge of the, corporation department of the office of the
Secretary of State)
Statutory Documents Section -,Ci ' tati011s Unit
1019 Brazos Street, Room 214
Austin, Texas 78701
With the Secretary of State for ivarding a copy of the Award to:
Sam's Real Estate Business Trust, a Delaware Statutory Trust
2001 SE 10th Street
Bentonville, Arkansas 72716-0550;
Stacey -Trip, L.L.C., a Colorado Limited Liability Company
Registered Agent for service:
Debby Trippet, aWa Debbie Trippet, Wa Deborah Trippet
16349 Lauder Lane,
Dallas, Texas 75248
CBS Outdoor, Inc,, a Delaware corporation, successor in interest'to
Reynold's Outdoor, Ine,, a Texas corporation -
Registered Agent for Service: The Prentice Hall Corporation
211 E. 7th Street, Suite 620
Austin, Texas 78701 3218
Clear Channel Outdoor, lac.,'a DQlaware, corporation
Registered Agent for Service: Corporation 86rvice Company d/b/a
CSC -Lawyers Incorporating Service Company
211 E. 7th Street, Suite 620
Austin, Texas 78701-3 18
GE Capital Modular Space, a division of Transport International Pool, Inc., a Pennsylvania
corporation
Registered Agent for Service', C T Corporation
350 N, St. p auj Street, Suite 2900
Dallas-, Texas 75201-4234
Donald C, Toner, Jr.
Texas Department of Transportation
Director, Turnpike Right of Way
Texas Turnpike Authority Division
Austin, Texas 78752
MND ("ORRO'I' Copy OV
y'rF_XAS,
Attornoalo be Notified of Filing of S&cial Commissiqqs s' A rr t'cl
wiLh Judge of this Court:
Scjin C. Brooks -
Assistant Attorney General
Transpoitation Division
P,O. Box 12548
Austin, Texas 78711-2548
Edward D. Burbach
Gardere Wynne Sewell, L.L.P.
One American Center
600 Congress Avenue, Suite 3000
Austin, Texas 78701-2978
Allen Sinith
Settle & Pau, P.C.
3133 Lee Parkway, -Eighth Floor
Dallas, Texas 75219
A CERTIFIED COPY,
ATTEaf,
20
8UZANNE EN05 -L(
IR ON, cour)ty GtqTR
Tarr to ri ty, TOXO a
ri p(if,
RICHARD L. RoTITELDER
ffothfelder@swbell.net
BOARD CERTIFIED - CiviL TRIAL LAW
Mr, William D. Tate
Mayor
The City of Grapevine
200 S. Main
P.O. Box 95104
Grapevine, 7X'76099
Mr. Matthew Boyle
City Attorney
The City of Grapevine
200 S. Main
P.O. Box 95104
Grapevine, TX 76099
Mr. Bruno Rumbelow
City Manager
The City of Grapevine
200 S. Main
P.O. Box 95104
Grapevine, TX 76099
Mr. Scott Williams
Director of Development Services
The City of Grapevine
200 S. Main
P.O. Box 95104
Grapevine, TX 76099
ZK 11N-0110111 „'t,IWINIMlo
Attorneys At Law
1201 LomsL,NA
SurrE 550
HOUSTON, TEXAS 77002
October 25, 2010
TELEPHONE: 713-220-2288
FAcsnATLE: 713-658-8211
WWW.RC(rHFELDERFALICK.COM
Via Hand Delivery
Via Hand Delivery
Via Hand Delivery
Re: Cause No. 10-85,470-2; The State of Texas v. Sam's Real Estate Business Trust,
a Delaware Statutory Trust, et al; In Tarrant County Court at Law No. 2 in
Tarrant County, Texas; Our File No. 1030-233,
October 25, 20 10
Page 2
Dear Messrs. Tate, Boyle, Rumbelow, and Williams:
The Texas Department of Transportation ("TxDOT") is conducting improvements and
widening to 514 114 ("Project") in the vicinity of the City of Grapevine, Texas ("Grapevine").
As, a result of the Project, TxDOT has determined it is necessary to acquire by eminent domain
fee title in certain land and improvements adjacent to SH 114,. The State of Texas, ("State") has
therefore filed the above -captioned Petition for Condemnation to acquire property including a
portion of Stacey -Trip, LLC's (Stacey -Trip") real property, as described in Exhibit A attached to
this letter ("Property"). Additionally, the State seeks to acquire by condemnation an outdoor
advertising structure ("Sign") owned and operated by CBS Outdoor, Inc. ("CBS") pursuant to a
Lease Agreement ("Lease") with Stacey -Trip. Stacey -Trip is represented by Ed Burbach and
Jim Scott of Gardere Wynee Sewell, L,LP, Our firm represents CBS. This letter is written on
behalf of Stacey -Trip, and CBS.
The Sign pole is not located on the portion of the Property the State is acquiring.
However, after the land is taken, the Sign face will overhang the easement by a few feet. Exhibit
B to this letter shows the Sign, and two arrows indicate the new location of the easement after
the taking, as well as the portion of the Sign that will ultimately overhang the easement. As a
result of the overhang, the State must either acquire the entire Sign structure, or CBS must
conduct maintenance to the Sign so that the face no longer encroaches on the easement. CBS
and Stacey -Trip do not believe that approval of the City Grapevine is necessary to conduct such
maintenance. However, should the City of Grapevine believe that approval is necessary, Stacey -
Trip and CBS jointly request that Grapevine grant CBS leave or a special permit, if necessary, to
conduct the maintenance.
The State supports this request and recognizes that the jurisdiction to grant this request is
with the City of Grapevine not the State.
The proposed works is permitted under TxDOT's regulations as set forth in 43 Tex. Adm.
Code 21.160, the purpose of which is to provide for the relocation of certain signs along
regulated highways within Texas that would otherwise be precluded. More specifically, Section
21.160(f)(1), "Bisection", states as follows: "An existing permit may be amended by the district
office. ..to authorize_a monopole sign face overhanging the proposed right of'way to be shifted
to the remainder..."
Our review of the Grapevine sign regulations failed to reveal a provision similar to 43
Tex. Adm. Code 21.164, and it is our understanding that Grapevine's current regulations prohibit
the construction, erection, remodeling, alteration, relocation, or expansion of a sign unless a
zoning permit has been obtained in accordance with Section 60 of the Zoning Ordinance.
Furthermore, we understand that Grapevine asserts new outdoor advertising structures such as
CBS's Sign are not permitted in Grapevine, as this type of sign is not included within the
classification of signs Grapevine allows.
October 25, 2010
Page 3
We note, however, that Section 60.0.11. provides that a "sign which has been permitted
to remain in place as a nonconforming use shall be removed when the sign, or a substantial part
of it is blown down or otherwise destroyed or dismantled for any purpose other than maintenance
operations or for changing the letters, symbols, or other material on the sign." A sign or
substantial part of it is considered to have been destroyed "only if the cost of repairing the sign is
more than sixty (60) percent of the cost of erecting a new sign of the same type at the same
location." Section 43 of the Zoning Ordinance addresses nonconforming uses and structures,
and contains a similar 60% test in 43.D.3.e., which states, "(w)henever a structure, in which a
nonconforming use is housed, operated, or maintained, is destroyed or damaged by fire or other
causes to the extent of more than sixty (60) percent of the replacement cost of the structure, on
the date of the damage, the right to operate such nonconforming use shall terminate."
While we acknowledge that the Sign has not been damaged, destroyed, or dismantled, the
provision appears to be the closest and most analogous to the situation involving CBS's Sign.
As the cost to shift the Sign face a few feet is well below 60% of the cost of the Sign, it appears
this minor alteration should be allowed by Grapevine, whether it is referred to as a "repair" or an
alteration". The State's acquisition of the portion of the easement underneath the Sign face
does not render the structure nonconforming. Section 43.1.2. of the Zoning Ordinance provides
that, in the event a right-of-way acquisition by a government agency causes a property or its
existing improvements to be in violation of a City zoning ordinance or other land use regulation
or ordinance, the property shall be exempt from the provision to the extent the violation is caused
by the right-of-way acquisition.
CBS and Stacey -Trip have worked in cooperation with the State in an effort to resolve
this matter while having little or no effect on the residents of Grapevine and its taxpaying
citizens. Our proposed resolution involving a slight shift of the Sign face will have zero negative
impact on the Grapevine community ---the Sign will not be enlarged or changed in any way other
than the face moving a few feet away from the right-of-way. If the alteration does not occur, the
condemnation case will proceed. The Sign is under a 90 year lease and generates approximately
250,000 in revenue per year, and CBS will likely seek compensation for the fair market value of
the Sign in an amount of at least $1 million. Additionally, Stacey -Trip will likely seek
compensation for the loss of its property rights in an amount in excess of $1,000,000. We
believe our proposal is the most responsible and effective means of resolving this condemnation
proceeding and saving the taxpayers millions of dollars in acquisition costs.
In conclusion, we believe no permit is required for this minor change that falls well
within the 60% test contained in the zoning ordinance. Further, we maintain this minor
maintenance should be allowed since it is the result of a governmental taking. In the alternative,
a variance should be granted to allow CBS to conduct this slight maintenance to the Sign.
The undersigned, counsel for CBS and Stacey -Trip, along with our respective clients,
propose a meeting with you and/or the other appropriate decision makers of Grapevine in order
to further discuss this matter. The State, as a show of support of this request, also wishes to be
present with its counsel, Sejin C. Brooks, Assistant Attorney General, and client representative,
Keith Sliger with TxDOT. Should you desire to discuss this matter directly with Mr. Brooks, his
October 25, 2010
Page 4
phone number is 512-463-2004. We would like to meet with you as soon as possible, hopefully
over the next month, pending conflicts we or our clients may have. We look forward to hearing
from you in the near future to schedule
ROTHFELDER & FALICK, L.L.P.
1201 Louisiana, Suite 550
Houston, TX 770012
713) 220-2288 Telephone
713) 658-8211 Facsimile
ATTORNEY FOR CBS OUTDOOR, INC.
Edward D. Burbach
GARDERE WYNNE SEWELL LLP
600 Congress Avenue, Suite 3000
Austin, TX 78701
512) 542-7070 (direct)
512) 542-7270 (fax)
L-101LIC14
I/
lames C. Scott
State Bar No.
3000 Thanksgiving Tower
1601 Elm Street
Dallas, Texas 75201
214) 999-4598 (direct)
214) 999-3598 (fax)
ATTORNEYS FOR STACEY-TRfp, L.L.C.
October 25, 2010
Page 5
RLR/mr
Enclosure
cc: Sejin C. Brooks Via Email
Assistant Attorney General
Keith Sliger Via Email
Texas Department of Transportation
Ed Burbach Via Email
Jim Scott Via Email
JOHN F. BOYLE, JR. ATTORNEYS AND COUNSELORS
L. STANTON LowRY 4201 WINGREN, SUITE 108
MATTHEW C. G. BOYLE IRVING, TEXAS 75062-2763
DoUGLAs H. CONNER, III
N41CI-IAEL K. KALLAS www.boyle-lowry.com
CATHY CUNNINGHAM
USA H. ToMASELLI
JENNIFER GAITHER*
HOLLY Fox*
JILL LowRy*
OF COUNSEL
December 8, 2010
Via
Mr. Richard L. Rothfielder,
Rothfelder & Falick, L.L.P.
1201 Louisiana, Suite 550
Houston, Texas 77002
Re: Cause No. 10-854720-2 (tour File No. 1030-233)
Dear Mr. Rothfelder,
972) 650-7100
Fax: (972) 650-7105
Writer's Direct Line:
972)650-7104
E-mC:mcgboy1e@boy1c-Iowry,com
We represent the City of Grapevine as its City Attorney. In that capacity, we have been
provided your correspondence regarding the sign(s) owned or leased by your client(s), As your
letter acknowledges, the sign is currently nonconforming under the applicable City codes.
Accordingly, the sign cannot be moved, altered, or adjusted under the current conditions.
Therefore, be advised that the City cannot approve your request.
Thank you for your attention to this matter.
Sincerely,
Mattheu _
w. G. Boyle
Assistant City Attorney
Cc: Bruno Rumbelow, City Manager
Tommy Hardy, Assistant City Manager
Eli
Feb 22 11 09:47a DEVFLOPMENT SERVICES 817A 10'8818 P-2
A L,
February 22, 2011
Mr. Richard L. Rothfelder,
Rothfelder & Falick, L.L.P.
1201 Louisiana, Suite 550
Houston, Texas 77002
Re. Illegal alteration of off -premise sign
Mr. Rothfelder,
It has come to our attention that your client's sign located' on the Sam's Club
property located at 1701 W State Hwy 114 has been illegally modified. Section
60 A. of the Grapevine Comprehensive Zoning Ordinance states, "no sign,
except for signs listed in Sec. 60, shall be painted, constructed, erected,
remodeled, relocated, or expanded until a zoning permit for such sign, has been
obtained...". No such permit was issued for this sign. You were previously
advised in writing on December 8, 2010, that the sign could not be legally moved,
altered, or adjusted.
Furthermore, Section 43 D. 2. of the Grapevine Comprehensive Zoning
Ordinance prohibits the remodeling of a nonconforming use, and Sec 43,D.3.b. of
the same ordinance states, that "the violation of any of the provisions of this
ordinance or violation of any ordinance of the City of Grapevine with respect to a
nonconforming use shall terminate immediately the right to operate such
nonconforming use.
The modification of this nonconforming sign without a permit is a clear violation of
City Ordinance, and as such immediately terminated any legal: nonconforming
status the sign might have enjoyed. Therefore, the sign is now an illegal sign
which must be removed.
Your client is hereby ordered to remove this illegal sign structure from the
property within 30 days of receipt of this certified letter. Failure to do so will result
in legal action by the City, including but not limited to the issuance of citations.
Thank you for your attention. Do not hesitate to contact me if you have questions.
ams
ment Services Director/ Building Official EXHIBIT 6
i v, 1 r, x-, 7 *9 i 1 -
17)
10-3 `154
FEB.24,2011 11:16AM
r f , r
I N0-0358 P. 2
h4r. Richard L. Rothfelder,
Rothfelder & Falick, L.L.P.
1201 Louisiana, Suite 550
Houston, Texas 77002
BOYLE & LOWRY, L.L.P.
ATTORMYS . COUNSELORS
4201 WWGREN. SUM 108
IRVING, TEXAS, 75062-2763
wwwboyle-lowry.00m
Re: Cause No. 10-854720-2 (Your File No. 1030-233)
972) 650,7100
Fax- (972)6504105
Writer's Dh= I!=
972) 650-7104
F,wAiL,mcgboylc@boyltmlovffy.com
Via letter dated December 8. 2010, you were advised that your client's sign at 1701 W.
W. State Highway 114 could not be legally moved, altered, or adjusted. Our letter of that date
was based on and consistent with the Building Official's prior decision on the matter. In spite of
our warning, it is, elm that your client illegally modified the sign in question. Such, work was
conducted without a permit of any kind from the City. As a result, any prior legal non-
conforming status of such sip was terminated immediately. Therefore;, the Sign is now illegal
and must be removed. If for any reason the sip is not timely removed, we have been authorized
to pursue all available remedies on behalf of the City,
Sincerely,
WOMAMMa-VIIIIAM 01 -PIP, I
Matthew Boyle
Assistant City Attorney
Cc: BrLmo Rumbelow, City Marager
Scott Wams, Development Servioes Director
fl!
104.11 Alternative materials, design and methods of con-
struction and equipment. The provisions of this code are not
intended to prevent the installation of any material or to pro-
hibit any design or method of construction not specifically pre-
scribed by this code, provided that any such alternative has
been approved. An alternative material, design or method of
construction shall be approved where the building official finds
that the proposed design is satisfactory and complies with the
intent of the provisions of this code, and that the material,
method or work offered is, for the purpose intended, at least the
equivalent of that prescribed in this code in quality, strength,
effectiveness, fire resistance, durability and safety,
104.11.1 Research reports. Supporting data, where neces-
sary to assist in the approval of materials or assemblies not
specifically provided for in this code, shall consist of valid
research reports from approved sources.
104.11.2 Tests. Whenever there is insufficient evidence of
compliance with the provisions of this code, or evidence
that a material or method does not conform to the require-
ments of this code, or in order to substantiate claims for
alternative materials or methods, the building official shall
have the authority to require tests as evidence of compliance
to be made at no expense to the jurisdiction. Test methods
shall be as specified in this code or by other recognized test
standards. In the absence of recognized and accepted test
methods, the building official shall approve the testing pro-
cedures. Tests shall be performed by an approved agency.
Reports of such tests shall be retained by the building offi.-
cial for the period required for retention of public records.
SECTION 105
PERMITS
105.1 Required. Any owner or authorized agent who intends
to construct, enlarge, alter, repair, move, demolish, or change
the occupancy of a building or structure, or to erect, install,
enlarge, alter, repair, remove, convert or replace any electrical,
gas, mechanical or plumbing system, the installation of which
is regulated by this code, or to cause any such work to be done,
shall first make application to the building official and obtain
the required permit.
105.1.1 Annual permit. In lieu of an individual permit for
each alteration to an already approved electrical, gas,
mechanical or plumbing installation, the building official is
authorized to issue an annual permit upon application there-
for to any person, firm or corporation regularly employing
one or more, qualified tradepersons in the building, structure
or on the premises owned or operated by the applicant for
the permit.
105.1.2 Annual permit records. The person to whom an
annual permit is issued shall keep a detailed record of alter-
ations made under such annual permit. The building official
shall have access to such records a, all times or such records
shall be filed with the building official as designated,
105.2 Work exempt from permit. Exemptions from permit
requirements of this code shall not be deemed to grant authori-
zation for any work to be done in any manner in violation of the
2006 INTERNATIONAL BUILDING CODE50
ADMINISTRATION
provisions of this code or any other laws or ordinances of this
jurisdiction. Permits shall not be required for the following:
Building:
1. One-story detached accessory structures used as
tool and storage sheds, playhouses and similar uses,
provided the floor area does not exceed 120 square
feet (I I MI) .
2. Fences not over 6 feet (1829 mm) high,
3. Oil derricks.
4. Retaining walls that are not over feet (1219 mm) in
height measured from the bottom of the footing to
the top of the wall, unless supporting a surcharge or
impounding Class 1, 11 or 111A liquids.
5. Water tanks supported directly on grade if the
capacity does not exceed 5,000 gallons ( 18 925 Q
and the ratio of height to diameter or width does not
exceed 2:1.
6. Sidewalks and driveways not more than 30 inches
762 nim) above adjacent grade, and not over any
basement or story below and are not part of an acces-
sible route.
7. Painting, papering, tiling, carpeting, cabinets, coun-
ter tops and similar finish work.
8. Temporary motion picture, television and theater
stage sets and scenery.
9. Prefabricated swimming pools accessory to a Group
R-3 occupancy that are less than 24 inches (6 10 mm)
deep, do not exceed 5,000 gallons (18 925 L) and are
installed entirely above ground,
10. Shade cloth structures constructed for nursery or
agricultural purposes, not including service sys-
tems.
11. Swings and other playground equipment accessory
to detached one- and two-family dwellings.
12. Window awnings supported by an exterior wall that
do not project more than 54 inches (1372 nim) from
the exterior wall and do not require additional sup-
port of Group R-3 and U occupancies.
13. Nonfixed and movable fixtures, cases, racks, coun-
ters and partitions not over 5 feet 9 inches (1753
mm) in height.
Electrical:
Repairs and maintenance: Minor repair work, includ-
ing the replacement of lamps or the connection of
approved portable electrical equipment to approved per-
manently installed receptacles.
Radio and television transmitting stations: The provi-
sionsof this code shall not apply to electrical equipment
used for radio and television transmissions, but do apply
to equipment and wiring for a power supply and the
installations of towers and antennas.
Temporary testing systems: A permit shall not be
required for the installation of any temporary system
ADMINISTRATION
required for the testing or servicing of electrical equip-
ment or apparatus.
Gas:
1, Portable heating appliance.
2. Replacement of any minor part that does not alter
approval of equipment or make such equipment
unsafe.
Mechanical:
1. Portable heating appliance.
2. Portable ventilation equipment.
3. Portable cooling unit,
4. Steam, hot or chilled water piping within any heating
or cooling equipment regulated by this code. Z
5. Replacement of any part that does not alter its
approval or make it unsafe.
6. Portable evaporative cooler.
7. Self-contained refrigeration system containing 10
pounds (5 kg) or less of refrigerant and actuated by
motors of I horsepower (746 W) or less,
Plumbing:
1. The stopping of leaks in drains, water, soil, waste or
vent pipe, provided, however, that if any concealed
trap, drain pipe, water, soil, waste or, vent pipe
becomes detective and it becomes necessary to
remove and replace the same with new material, such
work shall be considered as new work and a permit
shall be obtained and inspection made as provided in
this code.
2. The clearing of stoppages or the repairing of leaks in
pipes, valves or fixtures and the removal and reinstal-
lation of water closets, provided such repairs do not
involve or require the replacement or rearrangement
of valves, pipes or fixtures.
105.2.1 Emergency repairs. Where equipment replace-
ments and repairs must be performed in an emergency situa-
tion, the permit application shall be submitted within the
next working business day to the building official.
105.2.2 Repairs. Application or notice to the building offi-
cial is not required for ordinary repairs to structures,
replacement of lamps or the connection of approved porta-
ble electrical equipment to approved permanently installed
receptacles. Such repairs shall not include the cutting away
of any wall, partition or portion thereof, the removal or cut-
ting of any structural beam or load-bearing support, or the
removal or change of any required means of egress, or rear-
rangement of parts of a structure affecting the egress
requirements; nor shall ordinary repairs include addition to,
alteration of, replacement or relocation of any standpipe,
water supply, sewer, drainage, drain leader, gas, soil, waste,
vent or similar piping, electric wiring or mechanical or other
work affecting public health or general safety.
105.2.3 Public service agencies. A permit shall not be
required for the installation, alteration or repair of genera-
tion, transmission, distribution or metering or other related
equipment that is under the ownership and control of public
service agencies by established right.
105.3 Application for permit To obtain a permit, the appli-
cant shall first file an application therefor in writing on a form
furnished by the department of building safety for that purpose.
Such application shall:
L Identify and describe the work to be covered by the per-
niit for which application is made.
2. Describe the land on which the proposed work is to be
done by legal description, street address or similar
description that will readily identify and definitely locate
the proposed building or work.
3. Indicate the use and occupancy for which the proposed
work is intended.
4. Be accompanied by construction documents and other
information as required in Section 106.
5. State the valuation of the proposed work.
6. Be signed by the applicant, or the applicant's authorized
agent..
7. Give such other data and information as required by the
building official.
105.3.1 Action on application. The building official shall
examine or, cause to be examined applications for permits
and amendments thereto within a reasonable time after fil-
ing. If the application or the construction documents do not
conform to the requirements of pertinent laws, the building
official shall reject such application in writing, stating the
reasons therefor. If the building official is satisfied that the
proposed work conforms to the requirements of this code
and laws and ordinances applicable thereto, the building
official shall issue a permit therefor as soon as practicable.
105.3.2 Time limitation of application. An application for
a permit for any proposed work shall be deemed to have
been abandoned 180 days after the date of filing, unless such
application has been pursued in good faith or a permit has
been issued; except that the building official is authorized to
grant one or more extensions of time for additional periods
not exceeding 90 days each. The extension shall be
requested in writing and justifiable cause demonstrated.
105.4 Validity of permit. The issuance or granting of a permit
shall not be construed to be a permit for, or an approval of, any
violation of any of the provisions of this code or of any other
ordinance of the jurisdiction. Permits presuming to give
authority to violate or cancel the provisions of this code or
other ordinances of the jurisdiction shall not be valid. The issu-
ance of a permit based on construction documents and other
data shall not prevent the building official from requiring the
correction of errors in the construction documents and other
data. The building official is also authorized to prevent occu-
pancy or use of a structure where in violation of this code or of
any other ordinances of this jurisdiction.
105.5 Expiration. Every permit issued shall become invalid
unless the work on the she authorized by such permit is com-
menced within 180 days after its issuance, or if the work autho-
rized on the site by such permit is suspended or abandoned for a
period of IN days after the time the work is commenced. The
2006 INTERNATIONAL BUILDING COD&
N
N
building official is authorized to grant, in writing, one or more
extensions of time, for periods not more than 180 days each.
Theextension shall be requested in writing and justifiable
cause demonstrated.
105.6 Suspension or revocation. The building official is
authorized to suspend or revoke a permit issued under the pro-
visions of this code wherever the permit is issued in error or on
the basis of incorrect, inaccurate or incomplete information, or
in violation of any ordinance or regulation or any of the provi-
sions of this code.
105.7 Placement of permit. The building permit or copy shall
be kept on the site of the work until the completion of the pro -
j ect.
SECTION 106
CONSTRUCTION DOCUMENTS
106.1 Submittal documents. Construction documents, state-
ment of special inspections and other data shall be submitted in
one or more sets with each permit application. The construe -
tion documents shall he prepared by a registered design profes-
sional where required by the statutes of the jurisdiction in
which the project is to be constructed. Where special condi-
tions exist, the building official is authorized to require addi-
tional construction documents to be prepared by a registered
design professional.
Exception: The building official is authorized to waive the
submission of construction documents and other data not
required to be prepared by a registered design professional
if it is found that the nature of the work applied for is such
that review of construction documents is not necessary to
obtain compliance with this code,
106.1.1 Information on construction documents. Con-
struction documents shall be dimensioned and drawn upon
suitable material. Electronic media documents are permit-
ted to be submitted when approved by the building official.
Construction documents shall be of sufficient clarity to indi-
cate the location, nature and extent of the work proposed
and show in detail that it will conform to the provisions of
this code and relevant laws, ordinances, rules and regula-
tions, as determined by the building official.
106.1.1.1 Fire protection system shop drawings. Shop
drawings for the fire protection system(s) shall be sub-
mitted to indicate conformance with this code and the
construction documents and shall be approved prior to
the start of system installation. Shop drawings shall con-
tain all information as required by the referenced instal-
lation standards in Chapter 9.
106.1.2 Means of egress. The construction documents shall
show in sufficient detail the location, construction, size and
character of all portions of the means of egress in compli-
ance with the provisions of this code. In other than occupan-
cies in Groups R-2, R-3, and 1-1, the construction
documents shall designate the number of occupants to be
accommodated on every floor, and in all rooms and spaces.
106.1.3 Exterior wall envelope. Construction documents
for all buildings shall describe the exterior wall envelope in
2006 INTERNATIONAL BUILDING CODe
ADMINISTRATION
sufficient detail to determine compliance with this code.
The construction documents shall provide details of the
exterior wall envelope as required, including flashing, inter-
sections with dissimilar materials, comers, end details, con-
trol joints, intersections at roof, eaves or parapets, means of
drainage, water -resistive membrane and details around
openings.
The construction documents shall include manufac-
turer's installation instructions that provide supporting doc-
umentation that the proposed penetration and opening
details described in the construction documents maintain
the weather resistance of the exterior wall envelope. The
supporting documentation shall fully describe the exterior
wall system which was tested, where applicable, as well as
the test procedure used.
106.2 Site plan. The construction documents submitted with
the application for permit shall be accompanied by a site plan
showing to scale the size and location of new construction and
existing structures on the site, distances from lot lines, the
established street grades and the proposed finished grades and,
as applicable, flood hazard areas, floodways, and design flood
elevations; and it shall be drawn in accordance with an accurate
boundary line survey. In the case of demolition, the site plan
shall show construction to be demolished and the location and
size of existing structures and construction that are to remain
on the site or plot. The building official is authorized to waive
or modify the requirement for a site plan when the application
for permit is for alteration or repair or when otherwise war-
ranted,
106.3 Examination of documents. The building official shall
examine or cause to be examined the accompanying construe -
tion documents and shall ascertain by such examinations
whether the construction indicated and described is in accor-
dance with the requirements of this code and other pertinent
laws or ordinances.
106.3.1 Approval of construction documents. When the
building official issues a permit, the construction docu-
ments shall be approved, in Writing or by stamp, as
Reviewed for Code Compliance." One set of construction
documents so reviewed shall be retained by the building
official. The other set shall be returned to the applicant, shall
be kept at the site of work and shall be open to inspection by
the building official or a duly authorized representative.
106.3.2 Previous approvals. This code shall not require
changes in the construction documents, construction or des-
ignated occupancy of a structure for which a lawful permit
has been heretofore issued or otherwise lawfully autho-
rized, and the construction of which has been pursued in
good faith within 180 days after the effective date of this
code and has not been abandoned.
106.3.3 Phased approval. The building official is autho-
rized to issue a permit for the construction of foundations or
any other part of a building or structure before the construc-
tion documents for the whole building or structure have
been submitted, provided that adequate information and
detailed statements have been filed complying with perti-
nent requirements of this code. The holder of such permit
for the foundation or other parts of a building or structure
Signs are recognized as a significant and specific use of land for the purpose of protection
of Places and areas of historical and cultural importance; to increasesafety and lessen
congestion in the streets; to conserve the value of buildings; to preserve residential' values;
and to encourage the most appropriate use of land, standards are herein provided for the
installation of signs. No sign shall be erected, placed, or located except in accordance with
the following standards:
ON A. SIGN: PERMITS. No sign, except for signs listed in Section 60, shall be painted,
constructed, erected, remodeled, relocated, or expanded until a zoning permit for
such sign has been, obtained in accordance with the procedure set out in this
Ordinance. No zoning permit for any sign shall be issued unless the sign complies
with the regulations of this Section 60.
It shall be unlawful for the owner of any property, or any other person, firm, or entity
to place, allow to be placed, maintain or allow to, be maintained, portable
commercial billboard's or on-site business signs in the City. Any portable sign for
which a current and valid permit has been issued shall be allowed until the
expiration of the permit. No signs shall be permitted except as specified in this
Section 60.
Functional Types.
a. NAMEPLATE SIGNS. A permanent sign, affixed to the exterior wall of
a building, giving the name and/or address of the owner or occupant
of a building or premises in which it is located, and, where applicable,
a professional status.
Ib. ON -PREMISE SIGNS. A permanent sign which directs attention to a
business or profession conducted, or to a commodity or service sold,
offered or manufactured, or an entertainment offered, on the
premises where the sign is located or to which it is affixed.
C. DEVELOPMENT SIGNS. A temporary sign identifying the developing
tract of land on, which it is located. In residential districts, said sign
shall be removed after four (4) years, or when ninety (90) percent of
the lots are sold, whichever occurs first. In all other zoning districts,
said sign shall be removed after three (3) years, or when seventy (70)
percent of the lots are developed, or whichever occurs first.
d. CONSTRUCTION SIGNS. A temporary sign containing the names of
101910 Section 60
Hereinafter provided, no nonconforming! use of land or buildings, nor any nonconforming
structure shall be enlarged, changed, altered, or repaired, except in conformity with the
following regulations:
A. TYPES OF NONCONFORMITY: Any use of land or buildings which does not
conform to use regulations prescribed in this ordinance shall be deemed to be a
nonconforming use.
B. NONCONFORMING STATUS: Any building or structure, which does, not conform to
the lot area, front yard, side yard, rear yard, coverage, height, floor area ratio on
conforming status. A nonconforming status under the provisions of this ordinance
shallexist-
When a use or structure, which does not conform to the regulations
prescribed for the district in, which such, use or structure is located, was in
existence and lawfully constructed, located, and operating on the effective
date of this ordinance and has since been in regular and continuous use.
2. When a use or structure, which does not conform to the regulations
prescribed in the district in which such use or structure is located, was in
existence at the time of annexation, to the City of Grapevine and has since
been in, regular and continuous use.
C. REGISTRATION OF NONCONFORMING USES: The operator, owner or owners of
all nonconforming uses of land or buildings shall, within eighteen (18) months of the
effective date of this ordinance, register such nonconforming use by obtaining from
the Building Official a Certificate of Occupancy (nonconforming). Such Certificate of
Occupancy (nonconforming) shall be considered as evidence of the legal existence
of a nonconforming use, as contrasted to an illegal use or violation of this
Ordinance. The Building Official shall maintain a register of all Certificates of
Occupancy issued for nonconforming uses and shall, on written request and
payment of a fee, issue a duplicate certificate to anyone having a proprietary
interest in the property in question. A nonconforming structure need not be
registered.
It is the declared purpose of this Ordinance that nonconforming uses be
eventually discontinued and the use of the premises be required to conform
to the regulations prescribed herein having due regard for the investment in
such nonconforming uses. Nonconforming uses shall be discontinued in the
following manner:
011910 Section 43
a. Any nonconforming use not conducted within a building shall be
discontinued within two (2) years from the date this Ordinance shall
become effective.
b. Any nonconforming use conducted partly within a building and partly
without a building shall be discontinued within five (5) years from the
date this Ordinance shall become effective.
C. Any nonconforming use conducted wholly within a building shall be
discontinued within ten (10), years from the date this Ordinance shall
become effective.
49, 2. A nonconforming use may be occupied, used, and maintained inl good repair,
but it shall not be remodeled or enlarged except as hereinafter provided.
3. The right to operate a nonconforming use shall cease and such use shall be
terminated under any of the folliowilng circumstances.
a. Whenever a nonconforming use is abandoned, al,l nonconforminF-4
right shall cease, and the use of the premises shall henceforth be i:
conformance to this Ordinance. Abandonment shall involve the inte
of the user or owner to disc ontinue a nonconformiing operation a:
the actual act of discontinuance. Any nonconforming use which
discontinued for, or wh,ich remains vacant for a period of six
months shall be considered to have been abandoned.
b. The violation of any of the provisions of this Ordinance or violation of
any Ordinance of the City of Grapevine with respect to a
nonconforming use shall terminate immediately the right to operate
such nonconforming use.
C. Whenever a nioniconformilng use is changed to a conforming bi
rezoining so as to achieve compliance with the provisions of a new
N.ifferent •' •: district.
d, Whenever a nonconforming use is changed to a conforming use
under the provision, of this, section.
e. Whenever a structure,, in, which a nonconforming use is housed,
operated, or maintained, is destroyed or damaged by fire or other
causes to the extent of more than sixty (60) percent of the
replacement cost of the structure, on the date of the damage, the right
to operate such, nonconforming use shall terminate.
f. The right to maintain or operate a nonconforming use may be
0119110, 2 Section 43
terminated by the Board of Adjustment in accordance with provisions
of Section 67A of this Ordinance.
E. CHANGING NONCONFORMING USES:
1 Any nonconforming use may be changed to a conforming use, and once
such change is made, the use shall not thereafter be changed back to a
nonconforming use.
2. The Board of Adjustment may grant a change of use from one
nonconforming use to another nonconforming use provided such change is
to a use permitted in a zoning, district where the original nonconforming use
would be permitted, or provided that such change is to a use permitted in a
more restrictive, classification. However, such change of use and occupancy
shall not tend to prolong the life of a nonconforming use. Upon review of the
facts in accordance with Section 67A, the Board of Adjustment may establish
a specific period of time for the return, of the occupancy to a conforming use.
3. The Board of Adjustment may approve the remodeling or enlargement of a
nonconforming use when such an enlargement would not tend to prolong the
life of the nonconforming use. Upon review of the facts, the Board of
Adjustment may establish a specific period of time for the return of the
occupancy to a conforming use.
IFLIMITATIONS ON CHANGING NONCONFORMING USES: No nonconforming use
shall be changed to another nonconforming use, which requires more off-street
parking spaces or off-street loading space than the original nonconforming use,
unless additional off-street parking and loading space is provided so as to comply
with the requirements of Sections 55 and 56.
The number of dwelling units or rooms in a nonconforming residential use shall not
be increased so as to exceed the number of dwelling units or rooms existing on the
effective date of this Ordinance.
No nonconforming use may be expanded or increased beyond the lot or tract upon
which such nonconforming use is located as of the effective date of this ordinance
except to provide off-street loading or off-street parking space upon approval of the
Board of Adjustment.
All nonconforming uses being expanded under the provisions of this Ordinance shall
comply with the other applicable provisions of this Ordinance,
1, i! 11211111
I . In the event of damage or destruction of a nonconforming structure to the
011916 3, Section 43
extent of sixty (60) percent of the replacement cost of such structure on the
date of such damage, such nonconforming structure may be rebuilt only after
public hearing and favorable action by the Board Of Adjustment as provided
by Section 67A.
2. Whenever a nonconformiinig structure is determined to be obsoilete,
dilapidated, or substandard by the Board of Adjustments, the right to
operate,, oicicupy,oir maintain such structure may be terminated by action of
the Boardl of Adjustment as provided in Section 67A and such structure shall
be demolished,.
H, SPECIAL REGULATIONS FOR PUBLIC AND DENOMINATIONAL SCHOOLS: All
public schools, denominational schools havi nig a curriculum equivalent to piubliic
elementary or secondary schools, and all accessory bu i idings and structures
niormally associated therewith, inicluding stadiums a:nd field houses, which are built
and existing on the effective date of th is Ordinance, shall be considered as
conforming to, the provision of this Ordinance. In the event such school building has
been constructed with lesser front yards, or rear yards, or with greater coverage, of
floor area ratio than h 'erein specified, such building may be altered, remodelled,
enlarged, or increased in •height but no provisions herein shall be construed as to
require greater yards, or lesser coverage, or floor area ratio than prov'itis by the
existing construction and building permits shall be issued it in compliance with the
provisions of the building code.
MJTKINMZMi.Mr
Definitions. As used in this section, the folilowing terms shall have
the respective meanings ascribed to them:
Governmental ageed States of America,
State of Texas, C ounity of Tarrant, the City of Grapevine, or any
other governmental, agency with the ability to exercise eminent
domain powers.
Right-of-way acquisition shall mean, the securing of right-of-way
through negotiation, purchase, bargain, trade, donation,
condemnation, or other means by use or threat of eminent
domain, but not includiing the dedication of right-of-way through
platting or zoining processes.
Damages to the remainder shall mean, the diminution or reduction
of value of the remainder property suffered as a resuilt of the
acquisition: of a portion, of property fora public purpose.
2. Exemption permitted. In the event a right-of-way ,acquisition by a
Oil 1910 4 Section 43
governmental agency causes a property or its existing
improvements to be in violation of a City zoning ordinance,
subdivision rule, or other land use regulation or ordinance, the
property shall be exempt from the provision to the extent the
violation is caused by the, right-of-way acquisition, subject to the
following:
A) Zoning Change,
1) The exemption shall not apply to a property that
undergoes a zoning change initiated by the property
owner subsequent to the right-of-way acquisition;
instead, the property shall have a non -conforming
status to the extent that any nonconformance with
city ordinances, resulted from a right-of-way
acquisition by a governmental agency prior to the
rezoning, and shall be treated as a nonconforming
use or structure pursuant to the Ciity's
comprehensive zoning ordinance.
2) A zoning change initiated by the City shall not cause
a property to lose the exemption provided by this
section for property affected by right-of-way
acquisitions.
B) SafetyHazard. Nothing in this provision shall be construed
to permit any site element to create a traffic safety hazard
or another life safety hazard.
C) Compensation for Noncompliance.
1) The exemption shall not apply to property if the
right-of-way acquisition renders the remainder of the
property unusable, and the governmental agency
compensates the property owner for the damage to
the remainder. Where such compensation is
provided, the property owner is responsible for any
curative measures necessary to bring the property in
compliance with city codes, ordinances, and
regulations.
2) The exemption shall not apply to the property if the
governmental agency offered compensation to the
property owner for demolition, removal, relocation,
or replacement of improvements or other measures
011910 5 Section 43
curative of the violation of City codes or ordinances
caused by the right-of-w,ay acquis,ition.
3) For property ineligible for an exemption under this,
subsection (C), the development services director is
authorized to;
a. Provide notice to any affected property
owner, fienholder, and/or certificate of
occupancy holder, listing any items of
no nicom plia nice, and
bFile an affidavit, in the Tarrant County Deed
Records noting the item(s) of noncompliance,
advising that compensation was paid for such
noncompliance, and that a certificate of
occupancy shalil not issue until such
noncompliance is cured. Once thie property
and its improvements are b,rougiht into full
compliance with all applicable ordinances of
the City, the planning director shall file an
affidavit in the Tarrant County Deed Records
noting such compliance.
4) if a property is ineligible for an exemption under this
subsection (C), the building official is aluthorizeld to
revoke a certificate of occupancy of any building or
structure for noncompliance with a code, ordinance,
ogulation.
5) The Building Board of Appeals, Commission is
authorized to issue an order of diernolition a
minimurn of 90 diays after the certificate of
oiccupancy has been revoked for any building or
structure on property ineligible for an exemption
under subsection
3. Effective Date, The provisions of this section shall apply to any
property acquired by eminent domain afte!r January 11 9, 2010.
011910 6 Section 43
5
dpi NOTREteO CARBONS CARBONS
U.S' 7DEPARTME NT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
NOTICE OF PROPOSED CONSTRUCTION OR ALTERATION
11. NATURE OF STRUCTURE
A TYPE 8, CLASS C. PROPOSED LENGTH OF ' NEW CONSTRUCTION PERMANENT TIME TO COMPLETE
0 ALTERATION C] TEMPORARY
I'Manths,;
1
2. NAME AND ADDRESS OF INDIVIDUAL, COMPANY, CORPORATION, ETC, PROPOSING
THE CONSTRUCTION OR ALTERATION lNumber, Street. City, State and Zip Coda)
kE
r -
L
Albert Sign Company
6510 LBJ Freeway, Suite 200
Dallas, Texas 75240 A
Attn: Mark Albert
EXHIBIT
3- COMPLETE DESCRIPTION OFSTRUCTURE (inc/ode Oflectivera&aredpowerotpioposodormactifedAM, FM, or TV'station and assigned 1r&qu9n0y;sang andwnfiguration o,tpowor transmossionline in vicinny of FAA facilitiesasappropriate).
2'- 14' x 481, 601 high, steel billboards
THIS DXll; INATION EDIRM
UNLESS OTRERWTSE EXTENDED
REVISED, OR TEWNLTED.
4 LOCATION OF STRUCTURE
Form Approved O.M.B. No. 2120-W
A COORDINATES (To nearest second) 8, NEAREST CITY 08 TOWN, AND STATE
LATITUDE I ---L7oN—G1TuZj Grapevine, Texas
DISTANCE FROM 464-72 C/ 7 05- * (1) -1 2) DIRECTION FROM 485ia!r 2 !7 6 S- f1pa within city limits MILES5" 4-2
C. NAME OF NEAREST AIRPORT. HELIPORT, OR SEAPLANE BASE (1) DISTANCE FROM NEAREST POINT OF (2) 6 1 A E -ETI -O N FROM
Dallas- Ft. Worth Airport NEAREST RUNWAY AIRPORT
nwaV not built NW
D. DES CHIPTION OF LOCATION OF SITE WITH RESPECT TO HIGHWAYS, SgTWETS, AIRPORTS, PROMINENT TERRAIN FEATURES, EXISTING STRUCTURES, ETC, Attach a highway, street, orany otherappropria4a map orscaidd drawing showing the retal(onship of construction site tonearest airport(s), IlmOrft sP— is required, conlinveOnaseparateshootof,paper and attach to this notice).
2 locations North of State Highway 26 and West of State Highway 114
5- HEIGHT AND ELEVATION (CompOele A. B. and C to the near&$( tool) &
WORK SCHEDULE DATES
A, ELEVATION OF SITE ABOVE IWIEAN SEA LEVEL P" — 7- BEGINNING
M HEIGHT OF STRUCTURE INCLUDING APPURTENANCES AND LIGHTING
L AgIN75:
may 1, 1983
it any) ABOVE GROUND, OR WATER IF SO SITUATED coo w 60' B. END
C, oVERALL HEIGHT ABOVE MEAN SEA LEVEL (A -- 6 awls " 2e I May 31, 1983
7. OBSTRUCTION MARKED AND/OR LIGHTED IN A. MARKED
YES I NO
ACCORDANCE WITH CURRENT FAA ADVISORY
CIRCULAR 7W460-1. OBSTRUCTION MARKING 8 AVIATION RED OBSTRUCTION LIGHTS
AND LIGHTING C HIGH I FEWTY-WHITE OBSTRUCTION LIGHTS
D. DUAL LIGHTING SYSTEM niIHEREBYCERTIFYThatalloftheabQveslatementsmadebymearetrue. complete, and correct to the best of may knoWedge. EIATE TEL NO. (Give area TYPED NAME/TITLE OF PERSON 'FILING NOTICE SIGNATUREcode)
April 14, 83 (214) 387-8711 Mark Albert AcwL Alke-ri-
Notice is required by Pei( 77 Of the Federal Aviation Regulations (14 C F A Part 77) pursuant to Section 1101 of the Federal Avoalfon Act of IM. as amended(49 US.C, 1101). Persons who*nowingty andwilituily violate the Nalice requirements ar Part 77 ate subject to a line IcrAminalpenalty)olnotmorefhart $500 far th2,000 for subsequent offenses, pursuant to Section 902(a) of The Federal AviationAct of 195e. as amended 149 U -S -C 14721a))
e lard ollonad orad riot morafhan
FAA FORM 7460-1 (6-82) ------------------------- J
DO NOT REMOVE CARBONS
SIGN
PERMIT NO. 7830 016
NE
GRAPEVOFFICE OF BUILDING INSPE'CTIION
I
CITY OF GRAPEVINE, TEXAS
ON THIS DATE
5/07/83
PERMIT ISSUED TO ALBERT SIGN CO-
OWNERORAGENT ALBER-r SIGN CO.
WORK TO BE DONE AT HWY 114 AT HWY 26,
NATURE OF WORK TO BE DONE BILLBOARDS
IN ACCORDANCE WITH APPLICATION ON FILE IN THIS OFFICE
CONCEALED WORK MUST BE SHOWN BEFORE BEING COVERED
TOTAL FEE
F 0 R - - ----
AL8ERT SIGN CO -
6510 LOJ FRWY
DALLAS vTEXAS 75240
SEPARATE PERMITS ARE REQUIRED
FOR CONSTRUCTION, MECHANICAL,
WORK MUST CONFORM ELECTRICAL WIRING, PLUMBING,
TO ALL APPLICABLE CODES
CSI: 0353-03-088
PARCEL: 23
No.
THE STATE OF TEXAS § CONDEMATIONT PROCEED] . N6 FILED
Vi.
IN THE COUNTY COURT ATLA""&
SAM'S REAL ESTATE BUSINESS
TRUST, A DELAWARE STATU'T'ORY
TRUST, ET AL. X36
OF TARRANT COUNTY, TEXAS
TO SAID HONORABLE JUDGE:
Now comes the State of Texas, herein called Plaintiff acting by and through the Texas
Transportation Commission, represented herein by the Attorney General
I
ofTexas . v&,O, at the request ofthe
Fit—iti—o nTo —afie--co nd emn at io —n
Of4he real property and interests Or -rights pertaining thereto as herein. after=descdbed, and shows that the
owners of said farad and their addresses for service are as follows: SAM 'S REAL F—WATE BUSINESS TRusr,
A DELAWARE STATUTORY TRUST, has engaged in business in the State of Texas (as it has acquired an
interest in property located within the State of Texas), as said corporation is the fee owuer 6f property
recorded in Vol, 12473, Pg. 406 and Vol. 12779, Pg. 563, in the Official an County, Public Records ofTarrantant
Texas; with said interest relating to real property, a part of which is the subject of this erninent domain
condemnation proceeding, and which foreign Trust has no certificate of authority to do business in Texas
and has not designated or maintained a resident agent for service of process, d V.T.C.k, ss therefa" oreunder
Civil Practices and Remedies: Code Section 17,044 the Secretary of State is an agent f rs of490ervice0 process
on such non-resident, corporation, whose, address for service is The SccmUq of State of the State ofTexas
or any Assistant Secretary of State, or any clerk having charge Of the corporation department of the office
EXHIBIT
of the Secretary of State), Statutory Documents Section Citations Unit, 1019 Brazos Street, Room 214,
Austin, Texas 78701, and the principal home office address of such corporation is Sam's Real Estate
Business Trust, a Delaware Statutory Trus 2001 SE I Oth Street, Bentonville, Arkansas 72716-0550-,
STAcEY-Trup, L.L.C., A COLORADO Lvwm. D LIABILrrY COMPANY, whose registered agent for service
is Debby Trippet, a/k/a Debbie Trippet, aWa Deborah Trippet, 16349 Lauder Lane, Dallas, Texas 75249;
CBS OUTDOOR, rNC,ADELAWARE CORPORATION, SUCCESSOR IN INTERMTO RFVNOLjDfS0UTDOOR,
INC., A TExAs CORPORATION, whose registered agent for service is The Prentice Hall Corporation, 211 E.
CORPORATION, Corporation Service Companyd/b/a CSC-UWYCrs Jncorporating Service Company whose
registered agent for service is, 211 E. 7th, Street, Suite 620, Austin, Texas 78701-3218; GE CAPITAL
MODULAR SPACE, A DIVISION op TRANSPORT INTERNATIONAL POOL, C., .A LVANIANJ
CORPORATION, whose registered agent for servicr, is C T Corporation, 350 N. St. Paul Stree Suite 290
Dallas, 'rexas 75201-4234;, hereinafter called Defendant (whether one or more) or called owner (wheth
il
one or more) and shows as follows:
M
Per Tex. R. Civ, P, 190. 1, it is intended that discovery, if any, will be: conducted under Uvel 2.
PA
That Defendant is the owner of the real propetty situated in Tarrant County, Texas, as described in
Exhibit "A" attached hereto and incorporated herein for all purposes,
a
The Texas Transportation Commission has found that in order to promote the public safety$ to
facilitate the safety and mo,venient of traffic, to preserve the financial in -vestment of the public in its
highways; public necessity requires the laying out, opening, constructing, reconstructing, maintairdng and
operating of controlled access highways in the State of Texas as a pan of the State highway system at such
Petitlon for Condemirmclon - Pago 2
locations as are determined necessary by such Commission; that the Texas Transportation Commission has
found and determined that the tract(s) of land and improvements, if any, described in Exhibit ,A,, is/are
suitable for use for such purposes and it is necessary to acquire the fee simple title to said land, and
improvements, if any, as provided by law, as a part of the State highway system to be constructed,
reconstructed, maintained and operated thereon. It is intended to use said land for such Purposes. Plaintiff,
in the exercise of the police power for the preservation of human life and safety, and under existing laws,
has designated said highway as a controlled access highway, pursuant to Title 6 of the Tex. Transp, Code
Ann. (Vernon 1999), to which access from Defendant's remaining land, from which the herein -condemned
Land is severed, will be denied only as specified in the property description described in Exhibit "A'
Plaintiff is entitled to condemn the fee title in such land and improvements, if any, for said purposes
aforesaid and asks that the same be condemned for such purposes aforesaid; provided, however, there is
excluded from said estate to be condemned all the oil, gas and sulphur which can be removed from beneath
said land aforesaid Without any right whatever remaining to the owner of such oil, gas and sulphur of ingress
or egress to or from the surface of said land and improvements, if any, for the purpose of. exploring,
developing, drilling, or mining of the same.
Eli
Further, the Texas Transportation Commission has found and determined that the two outdoor
advertising signs, described in Exhibit "A" attached hereto, (hereinafter referred to as "two outdoor
advertising sips") located partially on the land described in Exhibit "A" and partially on the re -malr- ung
Property of which the property described in Exhibit "A" was originally a portion,, cannot be adequately
reconstructed at its Present location, and that equity and fairnesswill necessitate the compensation of the
Defendant for the full value of the said two outdoor advertising signs. That leaving said two outdoor
advertising signs bisected would create a hazard to the highway and endanger human life and safety. That
said Texas Transportation Commission has further found and determined ffiAt a temporary rightto enter onto
Pet tion for Condemnatio,-j - Page 3
the property remaining is necessary for the removal and acquisition of said two outdoor advertising signs.
Plaintiff is entitled to condemn the following interests for the purposes stated: Fee title to the tract
of land described in Exhibit "A" to be used for highway purposes; title to all that certain two outdoor
advertising signs described in Exhibit "'A" and situated partially on the land described in Exhibit "A" and
partially on.the remaining land of which the land described in Exhibit "A" was originally a pordon; and the
temporary right to enter onto the property remaining for the sole purpose of entering and removingall ofsaid
two outdoor advertising signs; provided however, there is excluded from said estate to be condemned all
the oil, gas and sulphur, which can be removed from beneath said land described in Exhibit "A"' without any
right whatever remaining to the owner of such oil, gas and sulphur of ingress or egress to or from the surface
of said land for the purpose of exploring, developing, drilling or mining of the same.
RM
flue Landowner Bill of Rights was sent to the landowner in accordance with Texas Property Code
Section 2l .0112,
0
That Plaintiffand Defendant have been unable toagree upon the value ofsaid real estate and interests
therein to be condemned or the damages occasioned by the acquisition of such land and improvements, if
any, and asks that Special Commissioners be, appointed as provided by law to assess the damages of the
owner.
WHEREFORE, the State ofTexas respectfullypraysthat-three disinterested freeholders be appointed
as Special Commissioners to assess the damages of the owner and file theirdecision all as provided by law,
to the end that. Plaintiff may have a final judgment or decree of condemnation vesting in the State of Texas
the fee title to said land and improvements, if any, except as above provided as to oil, gas and sulphur, fee
title to said two outdoor advertising signs above described, together writh a temporary right to enter onto the
Petilion for Condeninaflon - Pagege4
property remaining for the sole purpose of entering and removing all of said two outdoor advertising signs,
for writ of possession, for costs of suit, prejudgment and post judgment interest on the amount ofmoney that
the Award of the Special Comrnissioners exceeds the amount of money awarded by the judgment to the
Defendant herein, and for such other and further relief, general and special, at law or in Nulty', that Plaintiff
may show itself justly entitled.
Respectfully submitted,
GREG AB B OTT
r r tj
FIRST ASSISTANT ATTORNEY GENERAI,
BILL COBB
DEPUTY ATTORNEY GEN -E,?-, *p
1
RUTH R. HUGFIS
DIRECTOR OF DEFENSE LITIGATION
KRISTINA W SILCOCKs
ASSISTANT ATTORNEY GENERAL
CHIEF, TRANSPORTATION DIVISION
SEJIN C. BROOKS —
Assistant Attorney General
State Bar No. 24050046
Transportation Division
P.O. Box 12548
Austin, Texas 78711-2549
512) 463-2004
S 12j 472-3855 - Facsimile
ATTORNEYS FOR PLAWTIFF,
THE STATE OF TExAS
Potition for Cmdemnatfon - Page 5
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County; Tama
Parcel: 23
Hig[MY.- SH 114
Lit -nits. From B3 114L in Grapevine to Dallas County LineFederalAidPrOlectNo.: NH 2009 (9)6*3
R.O. W. Csi. OjS3.03-0,RS
Page I of 7
March 3, 2010
rt,
Desoliption of 40,372 square fi:e-t of land Out of Ambrose Foster Survey, Abstract No. 519, in the
2City
of GmPcv'ne, Tarrant County,, Texas. same being a portion of L t 1, Block 1, of L I dBlockIWal-Mart Addition-AzAended, a subdivision of rem
a Lot an Lot
Records, rd in Cabinet A, Slide s84platTarrantCounty, Texa-% said Lot I being described in a Wan-anty D2003toSam's Real Estate Business rtust, of record in Volume 17176, Page,qg, official Record;
5
ced. dated September 4,
d-40 ..,2 age
as follows.. Q.7 squaretfeet-.of4and-being-momPaItculady-desclibio-d.r-.-
CCD MME-NCrNG at a 1/2 inch iron rod found with cap atLot1, BrockI and said Samos the rnost westerly southwest coiner Of said
Addition emended, said Lot 2, "ck sarne being fil the north line of Lot 2, Block I of said Wal-MartBlockIbeingdescribedinadeedtoWaj-Mart RealTrust, of record in Document No- D204034856, Official Records, Tarrant Estate Business
tljeie corner ig Texas and also
in Volume 388-1 . , page 4g73, Page 8 . Plat Records,
deed to C13R Associates Johit V, 'rarrant County, Texas, said Lot? bedng described in a
County) Texas; ntuM of record in Volume 10294, Page 5, Deed Records, Tarrant -
THENCZ with file West line of said Lot 1, Block I and saidminutes32secondsWee501-09 feet to a calculated Sain's tmck North 00 degrees 47
Point at die "Orthwest corner of said Lot 1, Block 1, and said Sani',s tract; sauce being the southw mer of t 1, Block A, of Lot I and 2, guard. No. I Addition, a subdivision of record in Cabinet A, Slide 2339, Plat Rec s
Block A, Stor Cst ce Lo
I-anant County, Texas, said Lnt 1, Block A, being described in a deed to Ess
old
record in Pocument No. D205214197, Offil' Ptis Texas Lp, ofcialRecords, Tarrant County, east licca of Lot 5 of Grapevine ty, Texas, sense being in theineIndustfialParkSubdivision, a subdivision of record in Volume 398- 140, Page 84, Plat Records, Tarrant County, Texas;
THENCa with the north 'Ibie Of said Lot 1, Block I and said Sam"s tract and the South five of saidLot1, Block A, Storguard No. I Addition and said Ess Prisa tract; North 89 degrees 09 49secondsEast913.40 feet to a 1/2 inch irou rod set with a TEXAS DEPART
minutes
or die PONT OF BE(3RjMG andTRANSPORTATrON (TxDOT) aluminum cap f MENT OF
H 4, 199.57
corner Of US tit; same being in the proposed west Right -of -Way (ROW) liras of S 1
the northwest
feet right OfSH 114 Baseline Station 356+37.06;
1) TBENCF-- with the north line of this tract; said jSouth of 1, Black I and said Saln's tract and thelineofsaidLot1, Block A and said Ess Prisa track pioir' seconds F:aSt 29-58 rea tO 3 U2 inch iron rod found' Noah '89 dWees 09 raluntes 49
tract said Lot 1, Block f, and said San.,, S tmct and
nd'%ith cap t the nordleast corrIer of thIS
and said ES diesoutheast corner Of said Lot I, Block A
Of Olat tmct
depsrcisna-hterdacat'g3mue
being in the existing west ROW line Of 514114 and die west lille11-467 acres in a deed to State of texas, of record in lume 8Page116, Deed Recqrds, Tanmt Coutity, Texas, VO 3 301.
0.543 of one acre in a deed to S and the nOrtk corner of that UW described as
Records, TarTant County Texas; r'6E"
XHI8jolurrre
6M, page 17g0, L Oed
200 01
PAW 5 OF 7atoo
03/b3/10
Ste! 1200" PLAT TO ACCOMPANY
PARCEL DESCRIPTION
VAN CLEVE 14WXTMERM WC.
vat,. 11"m FIG. loss L1T 1 r
Z AC) VAN CCLEWADCIT1pN
CAB A. 5T. 2237„ P R TC F , ,L ,
RiNrO'-my FROI, tRC
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37. SUIWI" R42
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40.372 SQ. FT.0
LOT 1. SLOCK I
WAS.--UARt AWMON - Attt:7°tpED "
CAS'. A. S. 9 445 P R T t:. 1
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PLAT TO ACCOMPANY
PARCEL DESCRIPTION
per .-
4- 367+07.53
10917e fty. elf
STAUPW 1".W Rr.
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STA SWI2.22
2ml6w ItT
40,372 = Fr.
STA. 4W+otdl
266 35r RT
STA. 359+5&1"
LOT 1. SUCK I MUL
WEOURE
STA
LOT I AND LOT 2, BLOCK I
Aw
WAL-MART ADOM014 - AMENDED STA 350+05.39
26%3w RlCAR. A. SL 8845 PR.T.C- 00 A0=9
DEMAL UNE
STAUPED
IADV
SAWS REAL ESTATE allSfNESS TRUST
VOL 17176, Pg. 93, ORTC.
LOT 1)
I PACE 6 OF 7
L -2L03 -All
OETAO. A
23
DETAIL.9
KIS
A A
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STA 36344569
2m.w NT
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tot965t5' LT
A PLAT OF A "VEY OF
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DEWL a
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sm
DETAIL. C
vi raw
STATE HIGHWAY 114Lo PARCEL
23
D*&tnot
MAL AA) Muitcr 14a RA -c S ha COUNTY
TAtMAi,*-r
LA09-124 Fm4 W^,46 Vi,.—i
L- -i Lioa3-/j!
20E-
KPLATTOACCOMPANY
PARCEL DESCRIPTION
NOTES:
1) BEARINGS AIES
Con BASED ON THE TEXAS STAIE PLANE COORDINATE SISYM, NORTH CENTRAL ZONF_ NAD83(06) CORS- ALL D'
ISOTACNO=
40 RATES WERE ADJJSTED TO SURFACE USING A COUSINEDOR OFSCAiFACT1. LE GDOI 2.
2) IMPROVEMENIIS SHOWN ARE FROM DICITAL P14010GRAMMMY FILES AND/oR THE ADDITIONAL DEUNEATioN OF dAPROVtMENTSW14IC14HAVEBEENBUILT (OR REMOVM)l AFIER THE PHOTOCRAWAETRy WAS DEVELOPED.
3) THE EASEMENTS SHOW OR NOTED AND ADDRESSED ON THIS SURVEY ARE THOSE LISTED N SC44ED a
KAS LLC4 AND LAWYERS TITLE INSURANCE CoRpORA170N. COMM17MMT ISSUED BY UNIVERSAL LAND TITLE OF NORT14 TE ULE I] F THE IME
CF NO. 0013"9-704 EFFECTIVE DATE. AUGUST 24. 2009. &OD am. ISSUED SEPTEMBER6. 2GO9. 8:00 am. 4) 17EM 10-c- (VOL J&W. PC 116) IN
D D OO
SCHEDULE 8 DOES NOT AFFECT THIS TRACT.
5) THE ACREACE CALCULATE
INFORMATIONAL PURPOSES' ANSHWN HEREN IS CONVMTED FROM THE SGUARE FOOTAGE SHOM HEREON4 AND IS FORONLY.
6) ACCESS IS 00liED TO AND FROM T14E TRANS$>ORTATION FACILITY ACROSS THE 'ACCESS OENIAL LjNvl
7) ALL RECORD STATE OF TEXAS RIGHT-OF-WAY DEEos SHOWN ARE RECORDIM IN THE DEED RECORDS OF TARRANT COUNTY, TEXAS (D.R.T.C.1 UNLESS OTHERMSE NOTED -
LEGEND
TXD:OT TYPE I CONCROt OZMihf FOUND
19 TXOOT TYPE (I CONCRETE M014UMENT FOUND
13 TKDOT TYPE 11 CONCRETE MONUME14T SET
0 1/2* IRON ROO SET %ITH TXDOT ALU14 CAP
0 1/2' IRON NN FOUND MT14 CAP '
0 1/2- IRON ROD FOUND (UNLESS NOTED)
0 SQUARE -HEAD BOLT FOUND
0 IRON PIPE FOUND (SIZE NOTEO)
0 FENCE POST
x CHISEL MARK FOUND
A 60D NAIL FOUND (UNLESS NOTED)
A CALCULATEO POINT
It PROPERTY LINE
0- STATE HIGHWAY 114 BASELINE
NOT -TO -SCALE
XXX) RECORD JWORMATfON
PO 13, POINT OF RECtNMNG
P.0 POINT OF COMMENCEMENT
R -QA R(GHT-OF-WAY
ESMT. EASEME14T
P.U,E- PUBLIC UVJTY` EASEMENT
P -it TC PLAT RECORDS, TARRANT. COUNTY
D -R 1,C, DEED RECORDS. TARRANT COUNTY
0814- OFFICIAL RECORDS, TARRANT COUNTY
DISTANCE wM NOT TO SCAI E
APPROXIMATE SURVEY LIKE
A=SS GENIAL LWE
0
0 lml:l
Af
03/03/10
CHRIS CONRAD. REG. PROF. LAND SURVEYOR NO. WZ's , DATE,
A PLAT OF A SURVEY OF
PARCEL 23
Mr.1 [a awff t-qrjvm I
kio
MY 2010
Parcel 23
County: Tarrant
CSJ: 0353-03-089
DFW Connector -
SH 114: From BS I 14L in Grapevine to Dallas County Line
AND IN ADDITION TEmETo
The temporary right to enter upon the remainder of the herein described parcel for the
oo 'gus Skulii6d pijiiilly'
upon the herein described parcel and partially upon the remainder of the hereLq described
parcel.
lmqqln lmqqln
From., Seiin Brooks <
Sent: Thu Oct 14 12:41:17 2010
Subject: RE: State of Texas: TxDOT: and Stacey 'Tripp, L.L.C. 2 billboards in Tarrant CountyEd,
I wanted to give you an update on what is happening in this matter. I have spoke with Richard Rothfelder (CBS
attorney) and Katherine Killingsworth (Clear Channel). Clear, Channel will not show up at the hearing and will movedirectlytofileobjections. CBS also will most likely not show and will do the same, if needed.
The CBS sign, as you know, has an overhang issue. Txdot is not the problem here, we are happy with the sign going toaflagmountsolongasitisoutoftheROW. The issue is with the City of Grapevine. Richard is going to take the lead
in setting a meeting with the city to get them to change their stance. We are shooting for the week of the 25th, on
Monday or Tuesday if possible. Myself and Keith Sliger with Txclot will be at this meeting and would like you to attend
as well. Our hopes are to get the city to amend it's position and allow the sign to be modified. I will keep you advisedasIknowmore. Thank you.
Sejin
I.S.- Clear Channel will not be at this meeting, the issues are different and we do, not want the waters to get muddy.
THE STATE OF TEXAS § CONDEMNATION PROCEEDING
FILED
VS. § INT COUNTY COURT AT LAW
NO. 2
SAM'S REAL ESTATE BUSINESS §
TRUST, A DELAWARE §
STATUTORY TRUST, ET AL. § OF TARRANT COUNTY, TEXAS
STATE OF TEXAS §
COUNTY OF HARRIS §
BEFORE ME, the undersigned authority, on this day personally appeared
Richard Rothfelder, known to me to be a credible person, competent in all respects to
make this affidavit, and who, after being by me sworn upon oath, stated.,
I am. Richard Rothfelder. I am over 21 years of age, of sound mind, and
otherwise capable of making this affidavit. I have personal knowledge of the facts stated
in this affidavit, and 'they are true and correct. I am an attorney with Rothfelder & Falick,
L.L.P., and currently represent CBS Outdoor, Inc. ("CBS") in the above -captioned
matter. My personal knowledge is derived from my responsibility and involvement in the
handling of this lawsuit.
The Texas Department of Transportation ("TxD OT") is conducting
improvements and widening to SH 114 ("Project") in the vicinity of the City of
Grapevine, Texas ("Grapevine"). As a result of the Project, TxDOT determined it is
necessary to acquire by eminent domain fee title in certain land and improvements
adjacent to Sl -1 114 owned by Sam's Real Estate Business Trust, a Delaware Statutory
Trust ("Property").
As a result, on September 24, 2010, the Texas Attorney General's Office filed a
Petition for Condemnation on behalf of The State of Texas ("State"), acting by and
through the Texas Transportation Commission, seeking the condemnation of the real
property and interests or rights pertaining thereto, with respect to the owners of said land,
Sam's Real Estate Business Trust, a Delaware 'Statutory Trust.
Additionally, the State's Petition for Condemnation sought to acquire by
condemnation an outdoor advertising structure ("Sign") owned and operated by CBS.
The Sign pole is not located on the portion of the Property the State is acquiring.
However, after the land is taken, the Sign face will overhang the easement by a few feet.
As a result of the overhang, either the State must acquire the entire Sign structure, or CBS
must conduct maintenance to the Sign so that the face no longer encroaches on the
easement.
CBS and the State have worked in cooperation with one another in an effort to
resolve this case in a manner that will have little or no effect on the residents of
Grapevine, and in a manner that will save the State hundreds of thousands of dollars in
acquisition costs.
While representing CBS in this case, I have had the opportunity to work with the
attorney representing the State of Texas, Sejin Brooks. Mr. Brooks and I have
communicated on many occasions via telephone and email. Mr. Brooks has indicated
TxDOT supports CBS's proposal to 'shift' the face of its Sign four feet in the opposite
direction of the easement by removing a 4' panel from one end of the Sign and
reattaching it to the other end of the Sign. If the 'shift' does not occur, the condemnation
case will proceed.
Mr. Brooks has indicated TxD OTs belief that CBS's proposal to 'shift' the Sign
face by 4' is the most responsible and effective means of resolving this condemnation
proceeding and saving taxpayers acquisition costs,
A 'shift' such as that proposed by CBS would be allowed under TxDOT's
regulations found at 43 Tex. Adm. Code § 21.160(f)(1), which states, '(a)n existing
permit may be amended by the district office ... to authorize...a monopole sign face
overhanging the proposed right of way to be shifted to the remainder...'
Mr. Brooks has also indicated TxDOT's willingness to waive the requirement
regarding the 5' setback.
The emails attached to my correspondence dated March 8, 2011 and marked as
Exhibits 6 and 18 are true and correct copies of erns
the Attorney General's Office.
I r' ed from Sejin Brooks with
Further affiant sayeth not."
Ric and R thfelde,
2011.
SUBSCRIBED AND SWORN TO BEFORE ME on this the day of March,
EMMARY ANN ROCH Notary in the State of Texas
Notary public, Stale 01 Texas
My Commission Expires
0 41111, A'- i,'," 000ber 14, 2012
2
43 4 X ALX_ Z 1.1 OU
43 TAC § 21.160
Tex, Admin. Code tit. 43, 21.160
nups://wecz.wc sua-.L;unvreswuUU(;WlleliLLr,XL.dNPX.ISV—apIlLCV-br,I V
Texas Administrative Code Currentness
Title 43. Transportation
Part 1. Texas Department of Transportation
Chapter 21, Right of Way
111 Subchapter L Regulation of Signs Along Interstate and Primary Highways
21.,160. Relocation
a) Purpose, This, section provides for the relocation of certain signs along regulated highways within
the state of Texas that would otherwise be precluded under this subchapter. All requirements under this
subchapter are to be complied with to the extent that they are not in conflict with the provisions of this
section.
b) Permit. When a sign within the proposed highway right of way is to be relocated to accommodate a
regulated highway project, the department may issue a permit under the conditions set forth in
subsections (c) and (d) of this section.
c) Requirements.
1) A new sign permit application shall be submitted but will not require payment of a permit fee.
2) Sign relocation shall be in accordance with all local codes, ordinances, and applicable laws.
3) The executive director, shall initially determine whether the permit is necessary to avoid
excessive project costs and/or a delay in the completions of the project.
4) The existing sign to be relocated must be an off -premise sign legally erected and maintained.
5) The sign must be situated after its relocation according to the following priority:
A) upon the remainder of the same tract or parcel of land upon which it was situated before its
relocation, if any;
B) if there is no remainder or if the: remainder its not of sufficient size or suitable configuration
for the relocation of the sign, then upon the property abutting the proposed highway right of
way at the original sign location or upon, property abutting the insufficient remainder, if
available;
C) on property adjacent to the locations named in subparagraphs (A) or (B) of this paragraph;
D) to another location within 50, miles of the original sign location, within the same
department -designated district; or
E) to another location within, 50 miles of the original sign location, within another district of
the department, with the approval of the executive director.
6) If possible, the sign is to be placed in, the same relative position as to line of sight.
7) The relocated sign must be within a zoned commercial or industrial area or an unzoned!:
M
X LCX>O_ commercial or industrial area, except that an unzoned commercial or industrial area may inicluideX
Wonlyonerecognizedcommercialorindustrialactivity. ui
nqq. qqg8) The relocated sign location must meet the following spacing criteria.
A) The sign may not be placed where it is likely to cause a driver to be, unduly distracted in, any
way or where it will obscure or otherwise interfere with the effectiveness of an official traffic
I of 3 3/4/2011 10:34 Y
43 TX ADC § 21.160 https://web2.we,stlaw.corWresult/documenttext.aspx?sv--Split&ser
sign, signal, or device, or obstruct or interfere with the driver's view of approaching, merging,
or intersecting traffic, whether the intersection be of two or more highways or the intersection
of a highway with a railroad.
B) The sign may not be placed within 500 feet of a public park that is adjacent to a regulated
highway. This prohibition shall apply:
1) on either side of the highway on a nonfreeway primary system; and
H) on the side of the highway adjacent to the public park on an interstate or freeway
primary system,
C) If the sign is to be placed outside an incorporated municipality along a regulated highway,
the sign may not be located in areas adjacent to or within 500 feet of:
i) interchanges, intersections at grade and rest areas; or
H) ramps, their acceleration and deceleration lanes (Such distances shall be measured
along the ihighway from the nearest point of beginning or ending of pavement widening at
the exit from, or entrance to, the main -traveled way.)
D) The sign may not be erected along the interstate and freeway primary systems closer than
500 feet apart on the same side of the highway.
E) The sign may not be erected along the nonfreeway primary system located outside of
municipalities closer than 300 feet apart on the same side of the highway.
F) The sign may not be erected along the nonfreeway primary system in municipalities closer
than 100 feet apart on the same side of the highway.
G) The sign may not be erected within five feet of any highway right of way line
9) The size, configuration, and construction of the relocated sign must conform to the following
provisions.
A) The maximum area for any one sign face shall be 1,200 square feet, with a maximum height
of 25 feet and a maximum length of 60 feet.
B) The maximum size limitations shall apply to each sign face visible to approaching traffic.
C) The area shall be measured by the smallest square, rectangle, triangle, circle, or
combination thereof which will encompass the entire sign.
D) Sign faces may be placed back-to-back, side-by-side, stacked, or in 'V" type construction
with not more than two displays to each facing. The sign structure and faces shall be considered
one sign.
E) A sign face that exceeds 350 square feet in area may not be stacked or placed side-by-side.
F) In no event shall the size of the sign face, the number of sign faces, or lighting, if any, of
the relocated sign exceed the size, number of faces, or lighting, if any, of the existing sign.
G) The relocated sign will be constructed with the same number of poles and of the same type
of materials as the existing sign.
H) The relocated' sign must not exceed the maximum height set forth in § 21.158 of this title
relating to Height Restrictions),
10) Except in accordance with subsection (g) of this section, the sign replacement site is to be
approved by the executive director prior to the removal of the existing sign.
2 of 3 3/4/2011 10:34
43 TX ADC § 21.160 https://web2.wesdaw.com/result/docijmenttext,aspx?sv--Split&sery
11) Relocation benefits will be paid in; accordance with Subchapter G of this chapter.
12) The spacing requirements as provided in paragraph (8) of this subsection do not apply to:
A) Signs separated by buildings, natural surroundings, or other obstructioins which cause only
one sign located within the specified spacing to be visible at any one time; and
B) on -premise or directional or official signs, as cited in Transpg-rtation Code391.031(b),
nor shall measurements be made from these signs.
dl) Cessation of activities. When a commercial or industrial activity ceases and a sign other than an
exempt sign :is no longer located within 800 feet of at least one recognized commercial or industrial
activity located on the same side of the highway, the sign will be considered nonconforming.
e) Waiver of damages. The sign owner must enter into a written agreement with the acquiring agency
waiving and releasing any claim for damages against the acquiring agency and the state for any
temporary or permanent taking of the sign in consilderation of the: payment by the acquiring agency of
relocation benefits paid in accordance with Subchapter G of this chapter.
f) Bisection. An existing permit may be amended by the: department to authorize:
1) a monopole sign face overhanging the proposed' right of way to be shifted to the remainder;
2) a multipole structure l'oca'ted partially in the proposed right of way to have the poles in the right
of way moved to the remainder and the face shifted to the relocated poles; or
g) Relocation within a certified city. If a displaced sign is subject to the jurisdiction of a municipality
certified to control outdoor advertising pursuant to § 21.151 of this title (relating to Local Co'ntrol), and
the sign will be relocated within that municipality, permission to rellocate the sign must be ob,taiined
only from the certified municipality, in accordance with the municipality's sign and zoning ordinances. A
permit from the municipality will be required in, order to receive relocation benefits, from the
department. A separate permit from the department is not required and the specific requirements for a
relocation permit contained in subsection, (c) of this section need not be met,
Source: The provisions of this §21.160 adopted to be effective February 22, 1989, 14 TexReg 794;
amended to, be effective January 12, 1996, 21 TexReg 137; amended to, be effective May 23, 1999, 24
TexReg 3733; amended to be effective December 9, 200,4, 29 TexReg 11389; amended to be effective
March 1, 2009, 34 TexReg 11018.
43 TAC § 21.160, 43 TX ADC § 21.160
Current through February 28, 2011
Cop'r. (C) 2011, All rights reserved.
END OF DOCUMENT
C) 2011 Thomson Reuters, No Claim to Orig. U.S. Govt. Works.
3 of 3 3/4/2011 10:34 A
ROTHFELDER & FALICK, L.L.J:
Afforneys At Law
RICHARD L. RoTHFELDER
rrothfelder@swbell.net
BOARD CERTIFIED - CiviL TRiAL LAW
Mr. William D. Tate
Mayor
The City of Grapevine
200 S. Main
P.O. Box 95104
Grapevine, TX 76099,
Mr. Matthew Boyle
City Attorney
The City of Grapevine
200 S. Main
P.O. Box 95104
Grapevine, TX 76099
Mr. Bruno Rumbelow
City Manager
The City of Grapevine
200 S . Main
P.O. Box 95104
Grapevine, TX 76099
Mr. Scott Williams
Director of Development Services
The City of Grapevine
200 S. Main
P.O. Box 95104
Grapevine, TX 76099
1201 LouisLkNA
Surn 550
HOUSTON, TExAs 77002
October 25, 2010
TELEPHONE: 713-220-2281
FAcsuvnF: 713-658-821'
WWW.ROTflFELDERFAL1CK,C%
Via Hand Delivery
Via Hand Delivery
Via and Delivery
Re: Cause No. 10-85470-2; The State of Texas v. Sam's Real Estate Business Trust,
a Delaware Statutory Trust, et al; In Tarrant County Court at Law No. 2 in
Tarrant County, Texas; Our File No. 1030-233.
October 25, 2014
Page 2
Dear Messrs. Tate, Boyle, Rumbelow, and Williams:
The Texas Department of Transportation ("TxD0T`-') is conducting improvements and
widening to SH 114 ("Project") in the vicinity of the City of Grapevine, Texas ("Grapevine").
As a result of the Project, TxDOT has determined it is necessary to acquire by eminent domain
fee title- in certain land and improvements adjacent to SH 114. The State of Texas ("'State") has
therefore filed the above -captioned Petition for Condemnation to acquire property including a
portion of Stacey -Trip, LLC's (Stacey -Trip") real property, as described in Exhibit A attached to
this letter ("Property"). Additionally, the State seeks to acquire by condemnation an outdoor
advertising structure ("Sign,") owned and operated by CBS Outdoor, Inc. ("CBS") pursuant to a
Lease Agreement ("Lease") with Stacey -Trip. Stacey -Trip is represented by Ed Burbach and
Jim Scott of Gaxdere Wynce'Sewell, L.L.P. Our firm represents CBS. This letter is written on
behalf of Stacey -Trip, and CBS.
The Sign pole is not located on the portion of the Property the State is acquiring.
However, after the land is taken, the Sign face will overhang the easement by a few feet. Exhibit
B to this letter shows the Sign, and two arrows indicate the new location of the easement after
the taking, as well as the portion of the 'Sign that will ultimately overhang the easement. As a
result of the overhang, the State must either acquire the entire Sign structure, or CBS must
conduct maintenance to the Sign. so that the face no longer encroaches on the easement. CBS
and Stacey -Trip do not believe that approval of the City Grapevine is necessary to conduct such
maintenance. However, should the City of Grapevine believe that approval is necessary, Stacey -
Trip and CBS jointly request that Grapevine grant CBS leave or a special permit, if necessary, to
conduct the maintenance.
The State supports this request and recognizes that the jurisdiction to grant this request is
with the City of Grapevine not the State.
The proposed works is permitted under TxDOT's regulations as set forth in 43 Tex. Adm.
Code 21,160, the purpose of which is to provide for the relocation of certain signs along
regulated highways within Texas that would otherwise be precluded. More specifically, Section
21,160(f)(1), "Bisection", states as follows: "An existing permit may be amended by the district
office. . . to authorize... a monopole sign face overhanging the proposed right of way to be shifted
to the remainder..."
Our review of the Grapevine sign regulations failed to reveal a provision similar to 43
Tex. Adm. Code 21.160, and it is our understanding that, Grapevine's current regulations prohibit
the construction, erection, remodeling, alteration, relocation, or expansion of a sign unless a
zoning pen -nit has been obtained in accordance with Section 60 of the Zoning Ordinance.
Furthermore, we understand that Grapevine asserts new outdoor advertising structures such as
CBS's Sign are not permitted in Grapevine, as this type of sign is not included within the
classification of signs Grapevine allows.
October 25, 2010
Page 3
We note, however, that Section 60.C. 11. provides that a "sign which has been permitted
to remain in place as a nonconforming use shall be removed when the sign, or a substantial part
of it is blown down or otherwise destroyed or dismantled for any purpose other than maintenance
operations or for changing the letters, symbols, or other material on the sign." A sign or
substantial part of it is considered to have been destroyed "only if the cost of repairing the sign is
more than sixty (60) percent of the cost of erecting a new sign of the same type at the same
location." Section 43 of the Zoning Ordinance addresses nonconforming uses and structures,
and contains a similar 60% test in 43.D.3.e., which states, "(w)henever a structure, in which a
nonconforming use is housed, operated, or maintained, is destroyed or damaged by fire or other
causes to the extent of more than sixty (60) percent of the replacement cost of the structure, on
the date of the damage, the right to operate such nonconforming use shall terminate."
While we acknowledge that the Sign has not been damaged, destroyed, or dismantled, the
provision appears to be the closest and most analogous to the situation involving CBS's Sign.
As the cost to shift the Sign face a few feet is well below 60% of the cost of the Sign, it appears
this minor alteration should be allowed by Grapevine, whether it is referred to as a "repair" or an
alteration". The State's acquisition of the portion of the easement underneath the Sign face
does not render the structure nonconforming. Section 43.1.2. of the Zoning Ordinance provides
that, in the event a right-of-way acquisition by a government agency causes a property or its
existing improvements to be in violation of a City zoning ordinance or other land use regulation
or ordinance, the property shall be exempt from the provision to the extent the violation is caused
by the right-of-way acquisition.
CBS and Stacey -Trip have worked in cooperation with the State in an effort to resolve
this matter while having little or no effect on the residents of Grapevine and its taxpaying
citizens. Our proposed resolution involving a slight shift of the Sign face will have zero negative
impact on the Grapevine community—the Sign will not be enlarged or changed in any way other
than the face moving a few feet away from the right-of-way. If the alteration does not occur, the
condemnation case will proceed. The Sign is under a 90 year lease and generates approximately
250,000 in revenue per year, and CBS will likely seek compensation for the fair market value of
the Sign in an amount of at least $1 million. Additionally, Stacey -Trip will likely seek
compensation for the loss of its property rights in an amount in excess of $1,000,000. We
believe our proposal is the most responsible and effective means of resolving this condemnation
proceeding and saving the taxpayers millions of dollars in acquisition costs.
In conclusion, we believe no permit is required for this minor change that falls well
within the 60% test contained in the zoning ordinance. Further, we maintain this minor
maintenance should be allowed since it is the result of a governmental taking. In the alternative,
a variance should be granted to allow CBS to conduct this slight maintenance to the Sign.
The undersigned, counsel for CBS and Stacey -Trip, along with our respective clients,
propose meeting with you and/or the other appropriate decision makers of Grapevine in order
to further discuss this matter. The State, as a show of support of this request, also wishes to be
present with its counsel, Sejin C. Brooks, Assistant Attorney General, and client representative,
Keith Sliger with TxDOT. Should you desire to discuss this matter directly with Mr. Brooks, his
October 25, 2010
Page 4
phone number is 512-463-2004. We would like to meet with you as soon as possible, hopefully
over the next month, pending conflicts we or our clients may have. We look forward to hearing
from you in the near future to schedule
ROTHFELDER & FALICK, L.L.F.
1201 Louisiana, Suite 550
Houston, TX 77002
713) 220-2288 Telephone
713) 658-8211 Facsimile
ATTORNEY FOR CBS OUTDOOR, INC.
Edward Di. Burbach
GARDERE WYNNE SEWELL LLP
600 Congress Avenue, Suite 3000
Austin, TX 78701
512) 542-7070; (direct)
512) 542-7270 (fax)
Aernes C. Scott
State Bar No.
3000 Thanksgiving Tower
1601 Elm Street
Dallas, Texas 75201
214) 999-4598 (direct)
214) 99'9-3598, (fax)
ATTORNEYS FOR STACEY-TRfp, L.L.C.
October 25, 2410
Page 5
RLR/mr
Enclosure
cc: Seiin C. Brooks Via Email
Assistant Attorney General
Keith Sliger Via Email
Texas Department of Transportation
Ed Burbach Via Email
Jim Scott Via Email
F11110T,
JOHN F. BOYLE, JR. ATTORNEYS AND COUNSELORS
L, STANToN LowRY 4201 WNGREN, ELUTE 108
MATTHEW C. G. B,oYLE IRVING, TEXAS 75062-2763
DouoLAs H. CONNER, III
MICHAEL K. KALLAS wwwboyle-lowry.com
CATHY CUNNINGHAM
LISA H. TOMASELLI*
JENNIFER GAiTBER*
HOLLY Fox*
JILL LowRy*,
OF COUNSEL
December 8, 201 O
Via Fax (713)658-8211 and First Class Mail
Mr. Richard L. Rothfelder,
Rothfelder & Falick, L,L.P.
1201 Louisiana, Suite 550
Houston, Texas 77002
Re: Cause No. 10-854720-2 (Your File No. 1030-233)
Dear Mr., Rothfelder,
We represent the City of Grapevine as its City Attorney,
provided your correspondence regarding the sign(s) owned or Ic
letter acknowledges, the sign is currently nonconforming un+
Accordingly, the sign cannot be moved, altered, or adjusted
Therefore, be advised that the City cannot approve your request.
Thank you for your attention to this matter.
Sincerely,
972) 650-7100
Fax: (972) 650-7105
Writer's Direct Line:
972) 650.7104
E-mail mcgboyle@boyle-lowry,coo
In that capacity, we have been
ised by your client(s), As your
er the applicable City codes.
under the current conditions.
BOYLE & LOWRY, L.L.P.
Matthew . G. Boyle
Assistant City Attorney
Cc: Bruno Rumbelow, City Manager
Tommy Hardy, Assistant City Manager
ASSOCIATES
REAL ESTATE SOLUTIONS FOR PUBLIC AGENCIES
January 7, 2 011
Tarrant County
SH 114
CSJ 0353-03-088
Parcel 23.001TS
Re: State of Texas v. Sam's Real Estate Business Trust, a Delaware Statutory
Trust, et al, Cause Number 10-85470-2, Tarrant County Court at Law No, 2
Cert Mail#: 7009 2820 00012468 0874
CBS Outdoor
C/O Tanya Lillie
11233 North Stennnons Freeway
Dallas, TX 75229-4548
Dear Mr. Rothfelder:
Cert Mail#: 7009 2820 00012468 0881
Rothfelder & Falick, LLP
C/O Richard L. Rothfelder, Esq.
1201 Louisiana, Ste 550
Houston, TX 77002
By our letter dated December 1, 2010, you were advised that the above identified
property had been acquired by the State, at which time you were given a specific
vacating date of January 7, 2011 in which to remove personal property from the
State acquired right of way.
This is notice to you and your clients that the State will enter the property and
remove the personal property and place it in a facility should your clients not
remove the same by the close of business day February 1, 2011.
If you have any questions or need additional information, please contact me at
817) 416-0819.
MIN9,311
EXHIBIT
Sincerely,
Steve Evans, SRfWA
Right of Way Project Manager
2260Pool Road, Suite 300, Grapevine, Texas 76051 -phone 817-416-0819 - fa -N 817-416-0857,-,.vw-w.orcolan.com
Feb 22 11 09:47a DEVELOPMENT SERVICES 817'4103018 P.2
A
February 22, 2011
Mr. Richard L. Rothfelder,
Rothfelder & Falick, L.L.P.
12 01 Louisiana, quite 55,0
Houston, Texas 77002
Re: Illegal alteration of off -premise sign
Thank you for your attention, Do not hesitate to contact me if you have questions.
Villiarns EXHIBIT
ipment Services Director/ Building Official
L.
Tcx-as 7M,`9'> 4W-31154
A (,,-71 4 i G -3i I,,'
FEB, 24.2011 11 16A
P
Richard L. Rothfelder,
Rothfelder & Falick, L.L.P.
1201 Louisiana, Suite 550
Houston, Texas 77002
BOYLE & LOWRY, L.,L.,P.
ATTORNEYS AND COUNSELORS
4201 MORIM SUrrE 109
IRVING, TEXAS 75062-2763
www boyle-lowy cam
February 24, 2011
Re.- Cause No. 10-854720-2 (Your File No. 1030-233)
Dear Nft. Rothfelder,
NO, 0358 P. 2
Y72) 650-7100
Fax: (972) 650-7105
Writer's Dfitd Line,:
972)650.7104
afl=cgboy1a@bcy1a-1owry.o=
Via letter dated December 8,,- 2010, you were advised that your client's sign at 1701 W.
W. State Highway 114 could not be legally moved, altered, or adjusted, Our letter of that date
was based on and consistent with the Building Official's prior decision on the matter. In spite of
our warning, it is clear that your client illegally modified the sign in question. Such work was
conducted without a permit of any kind from tine City. As a result, any prior legal non-
conforming status of such sign was, terminated immediately. Therefore, the sign is now illegal
and must be removed. If for any reason the sign is not timely removed, we have been authorized
to pursue all available remedies on behalf of the City.
41 0
Sincerely,
F,it.Tf- . w.
PIN4
Matthew C. G. Boyle
Assistant City Attorney
Cc: Bruno Rumbelow, City Manager
Scott Williams, Developamt, Services Director
EXHIBIT
ROTBFELDER & FALICK9 L.L.P.
Attorneys At Law
RicHARD L. RonvELDER
rrothfelder@swbell.net
BoARD CERT=D - Ova, TRiAL LAw
Mr. Matthew C. G. Boyle
Boyle & Lowry, L.L.F.
4201 Wingren, Suite 108
Irving, Texas 75062-2763
1201 LoLnsiANA
Sutra: 550
Hous-roN, Tis 77002
February 28, 2011
TRXpHoNE: 713-220-22E
FACS0,ME: 713-658-821
VIV,rW.ROTITELD FALICKC0
via Certifited Mail, RIRR. # 7009,1680 00017224 093W
RE: Alleged illegal alteration of rremise sign by cBS Outdoor, Inc., order to
remove an outdoor advertising structure located adjacent to SH 114 in
Grapevine, Texas, and notice of appeal, Our File No. 1030-233.
This letter is written in, response to your correspondence dated February 24, 2011 . In.
your letter, you assert CBS Outdoor, Inc. ("'CBS") illegally modified its outdoor advertising
structure ("Sign") located adjacent to SH 114 in Grapevine. Your letter further asserts the Sign
has lost its legal nonconforming status, and therefore is now an illegal structure that must be
removed. Finally, your letter threatens legal action by the City in the event the 'Sign is not
removed pursuant to the City's demand.
Please be advised that CBS respectfully disagrees with the position taken by you on
behalf of the City as set forth in your February 24 letter. CBS's actions were in response to a
demand it received by the State of Texas (« Teras") and Texas Department of Transportation
TxDOT"). In any event, CBS was not required to obtain a permit from the City as the actions
it performed involved a minor, nonstructural adjustment to the Sign. Accordingly, the Sign
continues to enjoy its legal nonconforming status.
Based on the foregoing, please be advised CBS intends to appeal the City's decision
pursuant to Section 68 G of the Zoning Ordinance. Our appeal will be filed with the City within
15 days of the date of your letter, or by March 9, 20
w11.
herefore 2proceedingspertainingtothisdisputearestayed. CBS l not be removing the Sign
within 30 days of receipt of the February 22, 2@ 11 letter.
Please do not hesitate to: contact me should you have any questions or care to discuss this
matter further.
OF-MiL01
Februaty 28, 2011
Page 2
Very yours,
Richardh L. Rothfelder
pi a 01
FacHARD L. RoTHFnDER
rrothfelder@swbell.net
Bouin CERTffrED - QviL TRiAL LAw
Mr. Scott Williams
Director of Development Services
The City of Grapevine
200 S. Main
P.O. Box 19'5104
Grapevine, TX 76099
tT0,000, 71.1 111
Attorneys At Law
1201 LoUISLANA
SurrF 550
HousToN, TExAs 77002
February 28, 2011
TtupHoNE: 713-220-2Z
FAUMME. 713-658-81
WWWROTHFUDERFALICK-CC
RE: Alleged illegal alteration of off -premise sign by CBS Outdoor, Inc., order to
remove an outdoor advertising structure located adjacent to SH 114 in
Grapevine, Texas, and notice of appeal; Our File No. 1030-233.
This letter is written in response to your correspondence dated February 22, 2011. In
your letter, you assert CBS Outdoor, Inc. ("CBS") illegally modified its outdoor advertising
structure ("Sign") located adjacent to SH 114 in Grapevine. Your letter further asserts the Sign
has lost its legal nonconforming status, and therefore is now an illegal structure that must be
removed within 30 days of our receipt of your correspondence. Finally, your letter threatens
legal action by the City in the event the Sign is not removed pursuant to your demand.
Please be advised that CBS respectfully disagrees with the position taken by the City as
set forth in your February 22 letter. CBS's actions were in response to a demand it received by
the State of Texas ("Texas") and Texas Department of Transportation ("TxDOT"). In any event,
CBS was not required to obtain a permit from the City as the actions it performed involved a
minor, nonstructural adjustment to the Sign. Accordingly, the Sign continues to enjoy its legal
nonconforming status.
Based on the foregoing, please be advised CBS intends to appeal the City's decision
pursuant to Section 68' G of the Zoning Ordinance. Our appeal will be filed with the City within
15 days of the date of your letter, or by March 9, 2011. According to Section 68 G 2, all
proceedings pertaining to this dispute are stayed. CBS, will therefore not be removing the Sign
within 30 days of receipt of the February 22, 2011 letter.
Please do not hesitate to contact me should you have any questions, or care to discuss this
matter further.
February 28, 2011
Page 2
Very yours,
Richard L. Rothfelder
U
CC: Mr. Matthew C. G. Boyle
Boyle & Lowry, L.L.P.
4201 Wingren, Suite 1081
Irving, Texas 75062-2763
FbcHARDL-RoTfmDER
rrothfelder@swbelLnet
RoARD CERTMM - Cwm TRIAL LAA
Mr. William D. Tate
Mayor
too S. Main.
L".01. Box 95104
Grapevine, TX 76099
Mr. Matthew Boyle
City Attorney, The City of Grapevine
Boyle & LovTy, L.L.P.
4201 Wingren, Suite 108
Irving, TX 75062-2763
KM*37 1 1-9-MITM-M
City Manager
200 S. Main
P.O. Box 95 1 O4
Grapevine,'T'X 760,99,
Mr. Scott Williams
Director of Development Services
The City of Grapevine
200 S. Main
P.O. Box '95104
GrapevirK, TX 76099
Attorneys At Law
12011 LouisIANA
S= 550
HousToN, TExAs 77002
March 1, 2011
ItLEPHoNE- 713-220-2288
FAcsnynE: 713-658-8211
WWWAOTfWELDEP,FALICK.COM
Via Facsimile (817) 481-0867
and Cel.iflied Mail, RRR, #70,09 1680 7224 09,59
Ir 11710 W11
Via Facsimile (817) 410-3018
LLiltESM? ', iL,12 V. , I Ul 111.2 —1
M: Cause No. 10-85470-2; The State of Texas v. Sam's Real Estate Business Trust,
as Delaware Statutory Trust, et al;' In Tarrant County Court at Law No. 2, in
Tarrant County,, Texas; Our File No. 1030-233.
March 1, 2011
Page 2
As we advised in our correspondence to you dated October 10, 2010, we represent CBS
Outdoor, Inc. ("CBS"). We have attached copy of the October 10 letter as Exhibit 1; however,
we provide the following background information to assist you in your handling of the request
contained herein.
As a result of a project conducted by The Texas Department of Transportation
TxDOT") to improve and widen SH 114 ("Project") in the vicinity of the City of Grapevine,
Texas ("City"), TxDOT determined it was necessary to acquire by eminent domain fee title in
certain land and improvements adjacent to SH 114. The State of Texas (' State") therefore filed
the above -captioned Petition for Condemnation to acquire property including a portion of real
property, as described in Exhibit A attached to our October 10 letter ("Property"). Additionally,
the State sought to acquire by condemnation an outdoor advertising structure ("Sign") owned
and operated by CBS, pursuant to a Lease Agreement ("Lease") with the landowner.
In our October 10, 2010 correspondence, we advised you that the Sign pole is not located
on the portion of the Property the State is acquiring. However, after the land was taken by the
State, the Sign face overhung the easement by a few feet. As a result of the overhang, CBS
advised the City that it was required to conduct maintenance to the Sign so that the face no
longer encroached on the casement. Although CBS did not believe that approval of the City was
necessary to conduct such maintenance, we wrote to you and asked the City to grant CBS leave
or a special permit, if necessary, to conduct the maintenance.
As stated in our October 10 letter, the proposed work is routinely permitted under
TxDOT's regulations as set forth in 43 Tex. Adm. Code 21.160, the purpose of which is to
provide for the relocation of certain signs along regulated highways within Texas that would
otherwise be precluded. More specifically, we identified Section 21.160(f)(1), "Bisection",
which states as follows: "An existing permit may be amended by the district office—to
authorize ... a monopole sign face overhanging the proposed right of way to be shifted to the
remainder..."
The City Attorney denied our request to make the proposed changes in a letter dated
December 8, 2010, a copy of which is attached as Exhibit 2. In a letter dated January 7, 2011,
TxDOT's agent ordered CBS to remove the Sign encroaching on the State's right of way by
February 1, 2011. A copy of this letter is attached as Exhibit 3.
In deference to the City's denial of CBS's request to bisect the Sign as allowed under
TxDOT's regulations, and in further response to, the State's demand, CBS simply removed the 4'
wide Sign panel that was overhanging the right-of-way. It is important to note, CBS DID NOT
PERFORM THE WORK IT DESCRIBED IN ITS OCTOBER 10, 2010 LETTER. Nonetheless,
both the City and the City Attorney wrote to us stating that CBS's actions were illegal, that any
prior legal nonconforming status of the Sign was terminated, and ordered the Sign removed.
Copies of the letters, dated February 22, 2011 and February 24, 2011, are attached as Exhibits 4
and 5, respectively. CBS intends to, timely appeal the City's decision to the Board of
Adjustment, and anticipates this matter will be set for hearing sometime in the near future.
March 1, 20;11
Page 3
The purpose of this letter is to advise you that, although it does not believe the City's
approval is necessary, CBS seeks to "re -attach" the 4' panel it removed to accommodate
TxDOT's Project to the other end of the Sign. By doing so, CBS will be able to restore the Sign
to its same 48' overall width, thereby saving the taxpayers hundreds of thousands of dollars in
condemnation acquisition costs. Based on the City's denial of CBS's initial request, we
anticipate a denial of this request as well. In order to expedite and simplify the resolution of all
outstanding disputes regarding the Sign, we respectfully request the City provide us with a
response to CBS's request at the earliest possible time, so that the appeals of these two decidedly
related disputes may be addressed by the Board of Adjustment at one hearing.
Please do not hesitate to contact me with any questions or should you require any
additional information.
S sere
Richar L. Rothfelder
MTIJ 1"-0
cc: SeJin Brooks Via Email
Assistant Attorney General
Keith Sliger
Texas Department of Transportation
9ro%IWOW
PhNips, Phillips Signs
116 NE 6th Street
Grand Prairie, TX 75050
TO: CBSIOUTDOOR
Attn: Eddie Fowler
Phone: 972-264-5315
Fax: 972-853-7710
Email:
DATE: 2/25/11
PROJECT: 14 x 4812'V CM 6410AH
LOCATION: DFW
WE HEREBY PROPOSE TO FURNISHIAACCORDANCE 97THSPECIPMATIONSBELOW OR ON
A TTA CRED PAGES ALL AdA THRIALS & LABOR NECESSARY TO COMPLETE THE FOLLO KNG:
W, II 14 I ' I 11' .
Manufacture and Install One (1) 14' x 48' CM 12'V 64' Over all height structure. IBC 20016 based
sign. Includes sign, and 2 sets of metal panels.
Total Structure 36,300.00
2 Sets Metal Panels 4,800.00
Installation 6,000.00
II Drilling 1400.0
TOTAL PRICE 48,500.00
I . Sales tax is not included in this proposal unless specifically noted.
2. Permit fees are not included unless specifically noted.
3. Engineering fee is not included unless specifically noted.
4. Any alternations or deviation from the above or attached specifications involving extra
costs will be: executed only upon written orders, and wffl become an extra charge over and
above the estimate.
5. Drill cost above $1400.00 will be billed upon final invoice.
6. Installation within 100 mile radius of Dallas/Fort Worth area.
7. Provosal Valid for Fourteen (14) Days Only.
iWwfffff F. rM IT,=I, - - I I I I I
1U "V 1< 1 1, 10 , -'s A F 1 1 F IT ! F 1 fit'
0 a M K a M 0 W III X, a 0 a n @ IN a M U to a a a a A IS IN 9 a 0 6 IN a 111 10 a M a M a a 2 a In M M U M M M a 2 a 11 M IN I& a M 0 M M Is 8 V a W lw a 11 a N ff a M a s a I
Acceptance of Proposal
The above prices, specifications and conditions are satisfactorily and are hereby accepted.
You are hereby authorized to do the work as specified,
Approved by: —Date-
kljip--'s
Phillips Signs Phone: 972-264-5315
5igAs 116 NE 6th Street Fax: 972-853-7710
74*-
Grand Prairie, TX 7 5 0 5 0 Email: phillipssigns@Dyahoo.com
TO: CBS OUTDOOR DATE: 2/20/11
Attn: Eddie Fowler PROJECT: Flag Modification
LOCATION: 114,&Soutldake,, Dallas
WE HEI EBYPROPOSE TOFURNISHINACCORDANCE KTHSPECIFYCATIONS BELOW OR ON
ATTACHED PAGES ALL A,1ATEMLS & LABOR NECESSARY TO COMPLETE THE, FOLLOR17NG:
Option I Add gussets per Drawing 4 62748-44 114 k q 9
1,600.00
Option 2 Convert to seirAflag per Drawing # 62847
q ( $ 9,800.00
Option 2 Convert to s per Drawing # 62848
81 $ 12,900.00
SPECIAL NOTES:
1. Sales tax is not inclu-ded in this proposal unless specifically noted.
2. Pern-dt fees are not included ounlessspecificallynted.
3, Engineering fee is not included unless specifically noted.
4Any alternations or deviation from the above or attached specifications involving extra
costs will be executed only upon written orders, and will become an extra charge over anif
obove the estimate.
6. Installation ivitlihi 100 mile radius of Dallas/Fort Worth area.
7. Proposal Valid for Fourteen (14), Days OnI .
8. Contract should be signed d faxed or emailed back upon acceptance.
S0% Deon Acceptance of Contractlitropos
Balance Due upon Completion I
am 0 0 0 no a WEE 9 a. it a ass ff am R on a 'a 0 a a am a a an s am MEN a' a am a a W ass a No an BEEN$ 0 a Ism Elm am a am m a am ff 2 0 an 9 1 a&&
Acceptance of Proposal
The above prices, specifications, and conditions are satisfactorily and are hereby accepted.
You are hereby authorized to do the work as specified,
Approved by: —Date-,
Richard Rothfolder
From: Sejin Brooks [
Sent: Wednesday, February 23, 20112:48 PM
To: Richard Rothfelder
Subject: RE: CBS/SH 114
Richard,
TxDOT has no issue with the setback and, as the sign has been removed from the right-of-way, TxDO-rs issues have
been addressed. While TOOT would allow the sign to remain in its current form, TOOT does not have the
jurisdiction over rather or not the sign is currently legal, to include the setback issue, as those are issues that are
under the city ordinances of the City of Grapevine
TOOT has addressed it's concerns with the City of Grapevine and continues to address it's issues regarding the removal
and the costs that the TxDOT will incur. Further, we have addressed to the City of Grapevine that as far as TOOT is
concerned the sign may remain as modified and TOOT will not force or require the removal of the CBS sign. Any such
ruling or requirement is an issue between CBS and the City of Grapevine. TOOT can not; however, formally join CBS in
any action against the City of Grapevine, nor will TxDOT join the City of Grapevine against CBS.
Thus, TxDOT will remain neutral and has no other position than to wait for the matter to be resolved between the City
of Grapevine and CBS and then act accordingly. Thank you.
M
County: Tarrant
Parcel: 23
Highway. SH 114
Li.iiaits: From BS' I I 4L in Grapevine to Dallas County LineFederalAidPrOiectNo,: X14 2009 (6,5&)Sjf3'
R -O - CSJ0353-03-088
P -99e: I of 7
March 3, 2010
DESCRIPTTON FpR PARCpjL 23
Description of 40,372 square feat of land out of Ambrose Foster Survey, Abstractt N 51CityofGrapevine, Tarnint County, Texas, same being a portion of Lot 1,
Blocs
8 n the
k 1, of Lot I and Lot2, Block I Wal-Mart Addition-Arjrended, a subdivision of record in Cabinet A, Slide 5 pRecords, Tarrant County, Texas, said Lot I being described in a Wdated
li
S
894 , fat
2003 to Sam's Real Estate Business Trust, of record in Volwme
ar=ty Deed eptelllb6- 4,
d 17176, Page 98, Official Records, AS 4"-72'qual*eZeetofla -M-:b6ing-more--particu imly-descaib6d-bVn-etETarra6oulids''a s f,b]'I ows:
COMMENCTNIG ata 1/2 inch iron rod found with cap at theomost westerly southwesi Lt 1, Block I md said Sam's tract, same being I tile north comer of said
inline
of Lot 2, Block I of said -Mart
a art eal F
Additjon-Axne jded, said Lot 2, Block I be' 9 described in a deed to W J -M R WalTrust, Of record in Document No- D204034956, Official Record,,,, TaUrrant Co I
tate Business
being gle soutlLeag cornpr 0 1 -11 .1 11111 - 11 1P W ty, Texas and alsot
11
in Volume 388-173, Page s
1A Li
7, Plat Records, T*arrant CounfY, Texas, said Lot 7-Adbeing described ill aeedtooCBRAssciatesloint: Venture, of record in Volume 10 2,94, Page 5, Deed'Records, Talrant - County, Texas;
THENCE* with die West line of said Lot 1, Block I and said Satn's tract; North 00 degrees 47Ininutes32secondsWest50L09feettoacalculatedpointattheljorthwestcomerofsaidLot1, Block 1, and said Sam's tract; same being the southwest comer of Lot 1, Block A, of Lot 2BlockA, Sto rguard No. I Addition, a subdivision of record in Cabinet A, Slide 2-33 9,
1 and
Tarrant County, Texas Plat Records, said Lot 1, Block A, being described in a deed to Ess Prisa Texas LP, ofrecordinDocumentNo. D205214197, official Records, Tarrant County, Texas, Same being in aleeastlineofLot5ofGrapevineIndustrialParkSubdivision, a subdivision of record i Vol140, Page 84, Plat Records, Tarrant County, Texas; a- Ume 389-
THENCE, witi, Ole nortf)'1hie of said Lot J. Block I and said Sam's tract and the South 6 , 11Lot1, Block A, Storguard No. I Addition and said Ess Prisa tract, North 89' dem 09
ne
of said
linutes 49secondsEast81140feettoa1/2 inch iroll rod set with a TEXAS DEPARTMENT OFTRANSPORTATION (TxDOT) alumijium cap for tile POINT OF BEGRqNNGW t
of-Way (ROW) line of SH 114, 199.57cornerofthistractsamebeingintheproposedwestRightandthenorthes
feet right of SH 114 Baseline Station 356+37,06;,
1) THENCE' Wit -h tine north line Of this tract, said Lot 1, Block 1, and said San's ti -act and tbsouthlineofsaidLot1, Block A and said Ess Prisa tract;c
North 89 degrees 09 minutes 49secondseast29.58 feet to a 1/2 inch iron rod found with cap at the nordleast corner of this
being in the existing west ROW k A 4.4tract. said Lot 1, Block 1, and said St's tract and the southeast corner of said Lot 1, BlockandsaidESSPrisatract, smne b
0lineOfSH114anddiewestlilleofthatbutdescribedas11.467 acres in a deed to State of T"as, of record in Volume 3830,
hat ft d crPage116, Deed Records, Tarrant County, Texas, and' the! north corner ;of a
Records, Tarrant County, Texas; , , Page 1780, Deed
0.543 of one acre in a deed to State of Texas, of record in Volume 6M ad es ibed as
County: Tan-aw
Parcel. 23
Highway: 514114
Limits: From BS 114L in Grapevine to Dallas County LineFederalAidProjectNO.: Nfi 2009 (*&S)993R-O.W. CSJ: 11353,03-();gg
Page 2 of 7
March 3, 2010
M
I'In
TUr'-NCE, with the northeast line of this tract. said Lot 1, Block 1, and said Sam's tract and theexistingWestROWlineofSH114andthewestlineofsaid0.543 of one acre State Texas t. the 'b 1 'owing four (4) courses. numbered 2 through S. rofexact,
South 30 degrees 31 'n Hlu tes 02 seconds C' 8st 2,15-M feet to a calculated point, fron, which a TXDI c " concrete
iRdn-dF-W&sf 7, to -f6jj;11,Cfct}td bearortla:49 de
3)
South 28 degrees 28 minutes 02 seconds East 263-45 feet to a calculated point; datawhicha1/2 inch iron rod found bearsNortb 56 degrees 12 minutes 53 seconds Efeet; .0-27
4)
with at curve to the ICR, whose intersection angle is 05 degrees 20 minuteaarcce02:
1
1115 lik 1 , 1!
I'lord -Ofwhich
bwrs1LXMAnd&---
dlegrees 57 minutes 21
il
seconds East 269.33 feet South 30
MTXDOTType11concrete onumeat
to
found bears North a calculated point, fi-= which a
J3ast 0.98 feet, and 56 deirees 12 min u tes 53 seconds
South 33 degrees 47 minutes 07 seconds East .5247 feet to a calculated point, at the eastcornerofti -is tract, said Lot 1, Block 1, and said Sain's tract; same being in the: northoftheDallas lineA -ma Rapid Tyallsit ftoperty Acquisition Corporation ROW of rd iVolume10146, Page 640, Deed Records, Tarrant County, Text;- record n
6) TFMNCE, with the sout1l line of this tract, said Lot 1, Block 11 and said Sam's tract and thenorthlineofsaidDallasAizaRapidTransitProperty, South 80 degrees 00 minutesWest22-33 feet to a TxDOT Type 1 e1concretes S seconds
tract and the beginning of tiesmonument set at the southwest corIer of thisaccessdeniallinc'", same being in the proposed southwestlineofSHIf4; Cst ROW
TIJENr-Em w'th the southwest fine of this tract acid the proposed so uih Viev
0110wing five (5) courses, numbered 7 throu8ji
crossing said Lot 1, Block I and said Sams tMc the f ROW line of S 114,
7) with this "access denjal,rille,, with a curve to, the righty whose intersection angle is 34deVees " "'i"
fes 23 seconds. radius is 137.00 feet, pass'ng'at an arc distance of 67.93feetya1/2 inch iron rod set with a TxDOT aluminunjthis "access denial line- caP stan'Ped "ADV1 for he end Ofcontinuinganarcdismi)ca of, 15.73 feet for a
toot
arc di cc of83-66 feet, the chord of which bears North 51 degrees stan
8237 feet to a TxDOT Type If concrete monument set;
08 Minutes 08 seconds West
County. Tarrant
Parcel: 23 Page 4 of 7
High-waY-- SH 114 March 3, 2010Limits: r- MITI 13S I 14L in Grapevine to Dallas County LhieFederalAidProjectNo-: NH 2009 f44)gq3R-O.W. CSJ-- 0353-03-088
I)ESCRIPTtON FOR PA.Rcm, 23
With this -access denial line- North 33 degrm 38 rilinutes 3045.96 feet, a 1/2 inch iron Seconds W, passing a, rod set with a Tad, alurninuln JrCastamped "ADL" fbr the: end Of t1lis "access denial Jjn;e-% continuing 53.37 feet to a V2 inch ironADOTaluminumcapstamped "ADL" for the beginning of
rod set with a
continuing 17,17 feet, with this "access denial I this "access denial line",
the end Of this "access denial line" gn
line" a total distance of 116.50 feet toAAo_gh1,-p00,-J727iiqiu-are fe—et ;a`,;-11-0-1-Q-''-icsan d -..
I - I BE- OBVNTMG-and-containing— in hounds, more or less.
This description accompanies a parcel map of even date herewith -
All beari-ngs are based oil the T Stat'- Plane Coordinate 3ystom, North rmtral ZoneNAD93(96) CORS. All distances
exas
factorof 1.000l2. and coordinates were adjusted to surface UsIng a Combined scale
ACCESS fS DENIED TO AND FRO
ACCESS'DLNLAL Ll`1,&'. M THE TRANSPORTA77ON FACILITY ACROSS TTIE
9 KNOW ALL MEN B y TRESE pRESENT.S; COVNTY OF TRAVIS §
Twat 1, Cliris Com -ad,
above description is a Registered Professional Land Surveyor, do hereby eel that tlie
knowledge: and belief and that the propertytweandcOrrcctto (lie best Of rnYdescribedhereinwasdeternlinedbyasurveysupervision. rnade Oil the ground under my direction and
WITNESS My HAND AND SEAL at Austin, Travis County, Texas, tWs the3rddayOfMarch, 2010 A. D.
RMEMOMM
McGRAV & MCGRA Y LAND SURVEYORS, INC. 3301 "OncOck Vrilft-, wire6 Ae ustin, Texas 7873 1 (512) 451 -S59; 1
ChfisCoarrad, l eg. Professional Land SuiveyorNo. 56230111t511114/Parcel 231__i
hqu0d 12VIO, Rvi4ud 313110
7
PLAT TO ACCOMPANY
PARCEL DESCRfPTION
vm mm WvEsnmim Im.
Vol, 116sm FIM 1009 LOT i
aOCK I
fX68 AC YAM Ci ADOMM 6\
CAEAt & SL 2237, F R T.0
mmmus uc
0207300284. Wt Y LOT 2R L
LOT 2R) BLOCK A
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V 1#613Io PQ, 302OL LOT 3
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0205214197. 0A,7(L LOT I MUT -413l '?l
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A PLAT OF A "VEY OF
TarA
PARCEL 23
STATE MIGHWAY 114 PARCEL
SCALE
2,3Vepc7nWAV7t7rdrzwLv
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CDVNTY
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UALE: I - PLAT TO ACCOMPANY
PARCEL DESCRIPTIONSH114
STA, &%+37.uS
199.57" Ur,
ENO Acm
DEMAL UWE L
STA- 356+54,2.4'
199.91, at. 0
DEM Actm
W41AL LNE
STAMPM cl
LINE TASI F
BAR LEN j TA. 367+
AW
NE EGni 07AI IF
1 26" 8.99.74'RT. 01
21&52 WIrE SYA. W+5&56
ISAI STAMPED 199 -ST RT.
E",' .45 *A()L-
svmzi' 203.51
E 5Z47
S 52 A6STA SSS4lZ22
226-65RT
N".3
R 21.45 DETA(L40,372 $Q, FT
STA, &W+04,e1
2b3S" RT
a
LOT' 1. BLjDcK i DENIAL UNE
3i CD
LOT I AND LOT 2, BLOCK I 'Aw
STA J$0+(*.3qWAL-MA,RT ADOMON - AMENDED
na3w RTCAB. A. SL 8845 P.R.T.C. (to Accm
DMAL tmr
STAMPED
AOt:
SM'S REAL ESTATE 13USINESS TRUST
VOL t7176, PC, 98, O.RTC.
LDT 1)
I PACE 6 OF
L 0,3/0,3/to
23
DETAIL A
DETAIL a
my's.
A
DETAIL c
NITS.
SEE
DETAIL 0
m
STA 36344469
28&36' RT,
ISEONACLS
A
4VNE e.2
STMPU
AW
SM
STA 303+6$J3
25s.", RT,
STA, U3450.34
2tms' RT,
00 ACCESS c,
MIAL URE
STAMM lm.
S9114
STA 364443.60
0-0
ecv=— COR
OD0L LINED -Ovc4ulss-r
py,00 ,,,
0 SH 23
vou to STA 41242739
to Lt.
A PLAT OF A SURVEY OF
PARCEL 23
DDIVISION
7 -TA"" STATE HIGHWAY 114 ARCEL
232'
1
jz fEOVAL AO PWjjcT go, FLA S 4 (#o. FL'
kll=g(eo OZWW'—OS-7087 o0umy
If Of r1l
RANT1TAWANTjTAWANT
pro re
44
777 j -
PLATPLAT TO ACCOMPANY
PARCEL DESCRIPTION
NOTES: .
3 BEARINGS
ALL
DI+
1O COORDINATES ARE INASL73
E THE TEXAS STATE PLANE COORDINATE SYSTEM, NORTH CENTRAL ZONF- NAI363(96) CORS_ ALL DISTANCES AND COORDINATES WERE AD,VSTED TO SURFACE -USING A COUBINED SCALE FACTOR OF 1„GIAO122) IMPRO
NTS SHOWN ARE FROM.t DIGITAL PHOTOGRAAfI4IIL"fRY FILcS AND/OR THE ADDI OVAL DELINEAT1ON OF I&IPRC)W£MFNTSWHICF$ HAVE BEEN QUILT {DR REMOVED AFTER THE PH07TOGRA1tIYI'ETRY IfVAS DEirFI OPED. 3) THE EASEMENTS SHOWN OR NOTED AND ADDRESSED ON THIS Sl1f2WEY ARE 714
VEL
LISTED IN SCHEDULE 9 C1 F THE TITLECDMkIITI,IEN7 ISSUED DY UNIVERSAL LAND TITLE OF NORTHGFNO. Ok113999-7D4E EFFECTIVE DATE. AUGUST 24, 2009. Ern, ISSUED EPTfMe 6. ZOW, S.00
TEXAS LLc. AND LAWYERS TITLE INSURANCE ORAiICNV, 4 M 10-C. (VOL: 3830, PG- 116) IN SCHEDULE 8 DOES NOT AF'FE'CT THIS TRACT. TTIE ACREAcA CALCULATED AND SHOWN HEREON IS CONVERTED FROM THE SQUARE .FOOTAGE SHOWN HEREON,AND ISINFORMATIONALPURPOSESONLY. FSR6) ACCESS IS bjENIED TO AND FROM THE TRANSPORTATION FACILITY ACROSS THE "AOCESS DENIAL LINE”, 1) ALL RECORD STATE OF TEXAS RIGHT -OF --WAY DEEDS SHC1'W I ARE RECORDED IN THE DEED RECORDS OF TARRANT COUNTY, TEXAS (D.R.T.C,), UNLESS OTHERVgSE NOTED_
IN
99
O
0
c
A
4
P.o 0,
P-0 C.
R.O.W.
ESMT.
P.M.E.
P -It TC
D -R T.C.
O-R.T.C,
w. a Err R 4lL"'-,KMlL MONUMENT FOUND
TXOOT TYPE It CONCRETE MMIONUMENT FOUND
TXDOT TYPE II CONCRETE MONUMENTSET
1/}2" IRON ROO SET WITH TXDOT ALUM CAP
1/2" IRON ROO FOUND WITH CAP
1/2" IRON ROD FOUND (UNLESS NOTED)
SOIJARE-HEAD (DOLT FOUND
IRON PtP'E FOUND (SIZE NOTEO)
FENCE POST
CHISEL MARK FOUND
60D NAIL FOUND (UNLESS NOTED)
CALCULATED POINT
PROPERTY LINE
STATE HiGHW"AY 114 BASELINE
NOT -TO -SCALE
RECORO JNFORMATION
POINT OF BECIUMNG
POINT OF COMMENCEMENT
RIGHT-OF-WAY
EASEMENT
PUBLIC UTILITY EASEMENT
PLAT RECORDS, TARRANT, COUNTY
DEED RECORDS. TARRANT COUNTY
OFFICIAL RECORDS, TARRANT COUNTY
DISTANCE SHOWN NIO"T TO SCALE
APPROXIMATE SURVEY LINE
ACCESS OENfAL LINE
inn' I " OMPAJ
BEST of MYKNOWLE AND BELIEF TRUEAND
THE opERTTIk
SNO511Td HEREIN WAS DETERMINED BY A SURVEY MADE ON THEGROUNDUNDERMYDEREC71ONAND %P&gyISION.
O3/O3/i0
C14RIS CONRAD, REO', PROF', LAND SURVEYOR NO. WZj . DATE
SQUARE FEET
C iIUISI RiC`bI 409.372
S3JRVi;YEp AREA, 764943
StEfeIAINpFgt AREA 7t8 57a
A FLAT OF A SURVEY OF
PARCEL. 23
STATE HIGHWAY 114
EI:i,179--124..lFssrL„,1 loar.rpt,_Furca;el,yPr a ec$y,t a,-cei*"y}'i11d--23—RE1 7
JUIY2010
Parcel 23
County: Tarrant
CSJ: 03:53-03-089
DFW Connector'
SH 114: From BS 114L in Grapevine to Dallas County Line
AND IN ADDITION THERBTO
The temporary right to enter upon the remainder of the herein described Parcel for the
upon the herein described parcel and partiaBy upon the remainder of the hereffi describedparcel.
11
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