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HomeMy WebLinkAboutResolution No. 2011-026 i CITY OF THE COLONY, TEXAS RESOLUTION NO. 2011- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF THE COLONY AND LYNDA L. WHITE, TO FACILITATE THE EXCHANGE OF PROPERTY FOR THE PURPOSE OF ACQUIRING A DRAINAGE EASEMENT LOCATED AT 3913 CEDAR RIDGE COURT; THAT SAID EXCHANGE OF PROPERTY INCLUDES PAYMENT TO THE CITY OF THE COLONY IN THE AMOUNT OF $49124.47; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT; PROVIDING AN EFFECTIVE DATE WHEREAS, Lynda L. White is the owner of the property located at 3913 Cedar Ridge Court and desires to acquire from the City an approximate 0.023 acres of property; and WHEREAS, the City desires to acquire an approximate 0.004 acres of property from Lynda L. White for the purpose of a drainage easement drainage easement; and WHEREAS, the City Council has determined it to be in the City's best interest to enter into this Agreement with the property owner of 3913 Cedar Ridge Court, to establish responsibilities of both parties, and to facilitate the exchange of property for the purpose of a drainage easement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That the City Council of the City of The Colony, Texas hereby authorizes the city manager to execute a Development Agreement between the City of The Colony and the Whites, which is attached hereto and incorporated herein as Exhibit A. Section 2. That the property owner shall make eight (8) quarterly payments of $515.56 each to the city, with the first payment within 30 days of execution of the agreement. Section 3. That this resolution shall take effect immediately from and after its passage. PASSED AND APPROVED by the City Council of the City of The Colony, Texas, this the 3fd day of May, 2011. ® 0 Joe McCourry, Mayor City of The Qolony, Texas ATTEST: ,tad Chr•stielWilson, TRMC, City Secretary 3 ti3, APPROVED AS TO FORM: Jeff Moore, City Attorney ` e STATE OF TEXAS § § Agreement COUNTY OF DENTON § This Agreement (hereinafter referred to as the "Agreement") is entered into by and between the City of The Colony, Texas, a Texas home-rule municipality (hereinafter referred to as the "City") and Lynda L. White (hereinafter referred to as the "Whites"). WITNESSETH: WHEREAS, the Whites are the owners of an approximately 0.286 acre tract of land in the H. Hedgecoxe Survey, Abstract No. 533, City of The Colony, Denton County, Texas, comprising Lot 48, Block G, of the Ridgepointe Phase 3 Addition, of the City of The Colony, Denton County, Texas, and is generally located at 3913 Cedar Ridge Court, The Colony, Denton County, Texas; and WHEREAS, the City is the owner of real property adjacent to the Whites' property generally located at 3913 Cedar Ridge Court, The Colony, Denton County, Texas; and WHEREAS, the Whites desire to acquire from the City an approximately 987.32 square feet or 0.023 acres of real property, as described and depicted in Exhibit A of this Agreement, which is attached hereto and incorporated herein for all purposes (hereinafter referred to as the "Quit Claim Deed Property"); and WHEREAS, the City desires to obtain from the Whites a drainage easement consisting of approximately 178.6 square feet or 0.004 acres of real property, as described and depicted in Exhibit B of this Agreement, which is attached hereto and incorporated herein for all purposes (hereinafter referred to as the "City Drainage Easement Property"); and. WHEREAS, Section 272.001 of the Texas Local Government Code authorizes the City to convey to abutting property owners narrow strips of land, or land that because of its shape, lack of access to public roads, or small area cannot be used independently under its current zoning without the requirement of notice and bids. NOW THEREFORE, based on the mutual promises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: Article I Definitions Wherever used in this Agreement, the following terms shall have the meanings ascribed to them: "Agreement" shall mean this Agreement, together with all exhibits and schedules attached to this Agreement from time to time, if any. "City" shall mean the City of The Colony, Texas, a Texas home-rule municipality, whose address for the purposes of this Agreement is 6800 Main Street, The Colony, Texas 75056. "City Drainage Easement Property" shall mean the approximately 178.6 square feet or 0.004 acres of land in the H. Hedgecoxe Survey, Abstract No. 533, City of The Colony, Denton County, Texas, more particularly described in Exhibit B, which is attached hereto, and incorporated herein for all purposes. "Effective Date " of this Agreement shall be the date of the later to execute this Agreement by and between the City and Whites. "Quit Claim Deed Property" shall mean the approximately 987.32 square feet or 0.023 acres of land in the H. Hedgecoxe Survey, Abstract No. 533, City of The Colony, Denton County, Texas, more particularly described in Exhibit A, which is attached hereto, and incorporated herein for all purposes. "Term" shall mean the term of this Agreement as specified in Article II of this Agreement. "Whites" shall mean Lynda L. White, who resides at 3913 Cedar Ridge Court, City of The Colony, Denton County, Texas. Article II Term 2.1 This Agreement shall be effective as of the Effective Date of this Agreement, and shall continue thereafter until June 30, 2013, unless terminated sooner under the provisions hereof. Article III Whites' Affirmative Obligations 3.1 Whites covenant and agree to convey to the City the City Drainage Easement Property within thirty (30) days of the Effective Date of this Agreement. 3.2 Whites covenant and agree to pay the City $5.10 per square foot for 808.72 square feet of the Quit Claim Deed Property for a total of Four Thousand One Hundred Twenty- Four and 47/100 Dollars ($4,124.47). The 808.72 square feet represents the 987.32 square feet for the Quit Claim Deed Property less the 178.6 square feet for the City Drainage Easement Property. Further, Whites covenant and agree to make four (4) quarterly payments a year for two (2) years, for a total of eight (8) payments of Five Hundred Fifteen and 56/100 Dollars ($515.56). The first quarterly payment shall be paid by the Whites to the City within thirty (30) Page 2 of 17 Agreement City of The Colony, Texas - Whites 3131120118:11:25 AM days of the Effective Date of this Agreement, and the seven (7) remaining payments shall be paid quarterly thereafter. Article IV City's Affirmative Obligations 4.1 The City covenants and agrees to convey to the Whites by Quit Claim Deed the Quit Claim Deed Property within thirty (30) days of the Effective Date of this Agreement. Article V Termination 5.1 Termination. This Agreement shall terminate upon any one or more of the following: (a) by written agreement of the parties; (b) the Term as provided in Section 2.1 of this Agreement; (c) upon completion of the Affirmative Obligations as specified in Articles III and IV of this Agreement; and (d) by either party in the event the other party fails to perform its Affirmative Obligations as set out in this Agreement and such breach is not cured within thirty (30) days after written notice thereof is provided to the breaching or defaulting party. Article VI Miscellaneous 6.1 Amendments. This Agreement constitutes the entire understanding and agreement of the parties as to the matters set forth in this Agreement. No alteration of or amendment to this Agreement shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. 6.2 Applicable Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Denton County, Texas. Venue for any action arising under this Agreement shall lie in the state district courts of Denton County, Texas. 6.3 Assignment. This Agreement may not be assigned by any party hereto without the express written consent of the other party to this Agreement. 6.4 Binding Obligation. This Agreement shall become a binding obligation on the signatories upon execution by all signatories hereto. City warrants and represents that the individual executing this Agreement on behalf of City has full authority to execute this Agreement and bind City to the same. Whites warrants and represents that the individual Page 3 of 17 Agreement City of The Colony, Texas - Whites 3131120118:11:25 AM executing this Agreement on Whites' behalf has full authority to execute this Agreement and bind it to the same. 6.5 Caption Headings. Caption headings in this Agreement are for convenience purposes only and are not to be used to interpret or define the provisions of the Agreement. 6.6 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which shall constitute one and the same document. 6.7 Exhibits. Any exhibits to this Agreement are incorporated herein by reference for all purposes wherever reference is made to the same. 6.8 Filing. This Agreement may be filed in the deed records of Denton County, Texas. The provisions of this Agreement shall be deemed to run with the land and shall be binding on heirs, successors and assigns of Whites. 6.9 Force Majeure. It is expressly understood and agreed by the parties to this Agreement that if the performance of any obligations hereunder is delayed by reason of war, civil commotion, acts of God, inclement weather, fire or other casualty, or court injunction, the party so obligated or permitted shall be excused from doing or performing the same during such period of delay, so that the time period applicable to such obligation or requirement shall be extended for a period of time equal to the period such party was delayed. 6.10 Notices. Any notice required or permitted to be delivered hereunder shall be deemed received three (3) days following the date on which such notice is sent by certified United States Mail, postage prepaid, return receipt requested, addressed to the party at the address set forth below or on the day actually received as sent by courier or otherwise hand delivered. If intended for the CITY, to: With a copy to: City of The Colony Jeff Moore 6800 Main Street Brown and Hofineister, L.L.P. The Colony, Texas 75056-1133 740 East Campbell Road, Suite 800 Attn: Troy Powell, City Manager Richardson, Texas 75081 Telephone: (972) 624-31.02 Telephone: (214) 747-6109 If intended for the Whites, to: With a copy to: Lynda L. White Milton W. Colegrove 3913 Cedar Ridge Court Meyer & Colegrove, PLLC The Colony, Texas 75056 5700 Granite Parkway, Suite 470 Plano, Texas 75024 Page 4 of 17 Agreement 00, of The Colony, Texas - Whites 3131120118:11:25 AM Telephone: (972) 334-0091 6.11 Recitals. The recitals to this Agreement are incorporated herein. 6.12 Severability. The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of this Agreement is for any reason held by a court of competent jurisdiction to be contrary to law or contrary to any rule or regulation have the force and effect of the law, the remaining portions of the Agreement shall be enforced as if the invalid provision had never been included. 6.13 Sovereign Immunity. No party hereto waives any statutory or common law right to sovereign immunity by virtue of its execution hereof. 6.14 Time is of the Essence. Time is of the essence in the performance of this Agreement. [The Remainder of this Page Intentionally Left Blank] Page 5 of 17 Agreement City of The Colony, Texas - Whites 3/31/2011 8:11:25 AM EXECUTED on this the day of ~~~vkgk, , 2011. CITY OF THE COLONY, TEXAS, By: Tro . owell, City Manager STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on the day of tA/Z/,4 , 2011, by Troy C. Powell, City Manager of the City of The Colony, a Texas home-rule municipality, on behalf of said municipality. Notary Public, State of Texas LISA CAE HENDERS~N a'."...s'. MY COMMISSION EXPIRES f 1 Oc4obsf 1, 2012 Page 6 of 17 Agreement City of The Colony, Texas - Whites 3131120118:11:25 AM EXECUTED on this the day of j , 20 ttW LYNDA L. WHITE r By: STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on the day of 2011, by Lynda L. White. LISA CAE HENDERSON C`Ai/~CK~ tl~ /~M1RES M Notary Public, State of Texas SIO2012 :~a Y COdMI{Se r j, Page 7 of 17 Agreement City of The Colony, Texas - Whites 3131120118:11:25 AM ExhibitA Description and Depiction of the Quit Claim Deed Proper tY Page 8 of 17 Agreement City of The Colony, Texas - Whites 3131120118:11:25 AM AFTER RECORDING, RETURN TO: City Secretary City of The Colony, Texas 6800 Main Street The Colony, Texas 75056 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. QUITCLAIMDEED (Prepared without benefit of title examination) STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § That the CITY OF THE COLONY ("Grantor"), a Texas Home-Rule Municipality, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) cash in hand paid to Lynda L. White ("Grantee"), the receipt of which is hereby acknowledged, and other good and valuable consideration, the receipt and sufficiency of which is hereby also acknowledged, has QUITCLAIMED, and by these presents does QUITCLAIM unto the said Grantee all of Grantor's right, title, and interest in and to the following described real estate, to-wit: BEING 987.32 square feet of land in the H. Hedgecoxe Survey, Abstract No. 533, City of The Colony, Denton County, Texas, and being part of a tract of land to the City of The Colony, according to Ridgepointe Phase 3, more particularly described and depicted in ExhibitA attached hereto and made a part hereof. Together with all and singular Grantor's right, title, interest, estate, claim, and demand in and to the hereditaments and appurtenances thereto belonging or in anywise pertaining. TO HAVE AND TO HOLD all its right, title and interest to the above described property and premises unto the said Grantee, Grantee's heirs, executors, administrators and assigns forever, I so that neither Grantor nor Grantor's successors or assigns shall have, claim or demand any right or title to the aforesaid property, premises or appurtenances or any part thereof. WITNESS THE GRANTOR'S HAND EFFECTIVE as of the fJ~ day of ~l✓1 , 2011. GRANTOR: TROY C. POWELL By. Name: T Powell Title: Of, Manager Date: STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on the day of "v , 2011, by TROY C. POWELL, City of The Colony City Managerjmown to me to be the person whose name is subscribed to the foregoing instrument. AVIJA-l W,~- I- Notary Public, State of Texas :.:1 :~'v IfLN% K LISA CAE HENDERSON MY COMMISSION EXPIRES Odobaz 1, 2012 GRANTEE: Accepted by: LYNDA L. WHITE By; Names Lynda. L. White Date:f 1 ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF DENTON § BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared Lynda L. White, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same, for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of 2011. (L&az ) Notary Public in and for the State of Texas My Commission Expires: LISA CAE HENDERSON MY COMMISSION EXPIRES f .n9tF rQi e Eie`` tober g 1, 20ry12 Oc ExhibitA Legal Description and Depiction of 987.32 Square Feet i i i EXHIBIT 'A' QUIT CLAIM DEED BEING SITUATED IN THE H. HEDGECOXE SURVEY, ABSTRACT NO. 533, DENTON COUNTY, TEXAS, IN THE CITY OF THE COLONY, DENTON COUNTY, TEXAS, AND BEING PART OF A TRACT OF LAND TO THE CITY OF THE COLONY, ACCORDING TO RIDGEPOINTE PHASE 3, AN ADDITION TO THE CITY OF THE COLONY, DENTON COUNTY, TEXAS, ACCORDING TO THE MAP THEREOF RECORDED IN CABINET O, SLIDES 299 & 230, PLAT RECORDS, AND AMENDED PLAT RECORDED IN CABINET O, SLIDES 344 & 345, PLAT RECORDS, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT AN 112' IRON ROD FOUND AT THE SOUTHEAST CORNER OF LOT 48, OF SAID RIDGEPOINTE PHASE 3 ADDITION, IN THE NORTHERLY LINE OF SAID CITY OF THE COLONY TRACT. THENCE N26'47'38'E (N27°12'52'E PLAT) WITH THE EAST LINE OF SAID LOT 48 A DISTANCE OF 93.00' TO A POINT IN A FENCE LINE; THENCE S04°14'19'W GOING ACROSS SAID CITY OF THE COLONY TRACT ALONG A FENCE LINE, A DISTANCE OF 24.06' TO A 112' IRON PIPE SET. THENCE S53°40'24'W A DISTANCE OF 46.96' TO THE POINT OF BEGINNING AND CONTAINING 987.32 SQUARE FEET OR 0.023 ACRES OF LAND, MORE OR LESS. CEDAR RIDGE CT, S 1,2° IPS .X. SET n) is B~ •~S. IP o`~2 4. 14P ll.l' Q' iV I PINE TREE ONE STORY 1BRIC • W CEDAR RIDGE C 4) Op 1' = 40' Af~j s 1/2° IRS tiN ?V 40.0 ~ Q• w 1 WOOD 2° IPS TRACT 1 2~b DECK 8.2'X10.2' V STORAGE C6 NO CONC. 1/2 / 0.5', IR b d' LOT 48 Sy LOT 49 j~n,aq,~ IRS 10 d JIMMILYN DENISE WOODARD REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5398 POGUE-WOODARD LAND SURVEYORS, INC. 3510 MARVIN D. LOVE FREEWAY DALLAS, TEXAS 75224 PHONE (214) 376-3836 FAX: t214) 376-3860 Exhibit A Legal Description and Depiction of 987.32 Square Feet ~I Exhibit B Description and Depiction of City Drainage Easement Property Page 13 of 17 Agreement City of The Colony, Texas - Whites 3131120118:11:25 AM NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. CITY OF THE COLONY DRAINAGE EASEMENT THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF DENTON § THAT Lynda L. White and husband Robert White, hereinafter called "Grantor", for in consideration of good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby grant, bargain, sell and convey to the City of The Colony, Texas, hereinafter individually and collectively called "Grantee", the easement and right of ingress and egress upon and across the real property located in Denton County, Texas, as more particularly described in Exhibit "A", which is attached hereto and incorporated herein by reference as if fully set forth herein (the "Easement Area") for the purpose of construction, reconstruction, maintenance, repairs and replacement of drainage facilties such as ditches, culverts, pipes and/or the unrestricted right to drain surface and subsurface water for drainage purposes (the "Facilities") within the easement granted, all as required by the City of The Colony, Texas. The easements, as shown, are hereby reserved for drainage facilities, no buildings, retaining walls, fences, trees, shrubs or other improvements shall be constructed or placed upon, over or across the easement. The easement granted hereby and the Facilities shall be for public use and shall be dedicated to and thereafter maintained by the City of The Colony, Texas. The City of The Colony, Texas, its successors and assigns, shall have the right and privilege to remove and keep removed all or parts of any buildings, retaining walls, fences, trees, shrubs, and other improvements in the easement, that would interfere with construction, reconstruction, and perpetural maintenance of the said drainage facilities. TO HAVE AND TO HOLD the same perpetually unto Grantee and its successors and assigns, together with the right and privilege of ingress and egress and at all times to enter said premises, or any part thereof, for the purpose of construction, reconstruction, maintaining, repairing and replacing said Facilities, and all incidental improvements. Grantee shall have the right to construct, reconstruct and perpetually maintain, repair and replace, additional Facilities at all times in the future, within the above described boundaries. d-"J~ -1 41 EXECUTED this the _ day of V _ 2011. GRANTOR: LYNDA L. WRITE, BY: 0 2d)i.t;- TITLE: C ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF DENTON § BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared Lynda L. White, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same, for the purposes and consideration therein expressed. GIVEN UNDER DIY HAND AND SEAL OF OFFICE this the e t day of man 4VII , 2011. 4N6 ary Public in and for the State of Texas LISA CAE HENDERSON MY Commission Expires: MY COMMISSION EXPIRES 4- Z October 1, 2012 ry ~ EXECUTED this the d _ day of 2011. GRANTOR: ROBERT WFUTE, J~ L BY:TITLE: i i I ACKNOWLEDGMIENT STATE OF TEYAS § COUNTY OF DENTON § i BEFORE ME, the undersigned authority, a Notary Public in and for said County and State9 on this day . personally appeared Robert White known to me to be the person whose name I is subscribed to the foregoing instrument, and acknowledged to me that he executed the same, for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of 2011. Notary Public in and for the State of Texas My Commission Expires: LISA CAE HENDERSON Y MY COMMISSION EXPIRES 9i " Ie October 1, 2012 EXHIBIT °A` _ CITY DRAINAGE EASEMENT BEING SITUATED IN THE H. HEDGECOXE SURVEY, ABSTRACT NO. 533, DENTON COUNTY, TEXAS, IN THE CITY OF THE COLONY, DENTON COUNTY, TEXAS, AND BEING PART OF LOT 48, BLOCK G OF RIDGEPOINTE PHASE 3, AN ADDITION TO THE CITY OF THE COLONY, DENTON COUNTY, TEXAS, ACCORDING TO THE MAP THEREOF RECORDED IN CABINET O, SLIDES 299 & 230, PLAT RECORDS, AND AMENDED PLAT RECORDED IN CABINET O, SLIDES 344 & 345, PLAT RECORDS, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT AN 1/2° IRON ROD SET AT THE NORTHEAST CORNER OF SAID LOT 48, IN THE SOUTH LINE OF CEDAR RIDGE COURT, IN THE NORTHERLY LINE OF A TRACT OF LAND TO THE CITY OF THE COLONY AS DEDICATED WITH SAID RIDGEPOINT ADDITION THENCE S26°47'38°W (S27°12'52'W DEED) WITH THE EAST LINE OF SAID LOT 48 A DISTANCE OF 42.0' TO A 1/2° IRON PIPE SET. THENCE N23°02'53°W A DISTANCE OF 15.42' TO A 1/2" IRON PIPE SET IN THE SOUTH LINE OF SAID CEDAR RIDGE COURT IN A CURVE TO THE LEFT WHOSE RADIUS IS 50.0'. THENCE WITH SAID CURVE AND SOUTH LINE OF SAID CEDAR RIDGE COURT AN ARC DISTANCE OD 34.85' AND A CHORD BEARING AND DISTANCE OF N46°58'55"E 34.15' TO THE POINT OF BEGINNING AND CONTAINING 178.6 SQUARE FEET OR 0.004 ACRE, MORE OR LESS. CEDAR RIDGE CTa .a ( f®e®olde S IPS 'X" L=3 eS SET IP % 14. ONE 3913 BR PINE TREE w CEDAR RIDGE C 1' = 40' u I/2' IRS 40~D e. WOOD 1/2" IPS DECK 8.2'X10.2' STOR NO AGE CONC. 70 0.5' IR LOT 49 LUT 48 0. 7' / IRS JIMMILY DENISE WOODARD N REGISTERED PROFESSIONAL r LAND SURVEYOR NO. 5398 POGUE-WOODARD LAND SURVEYORS, INC. 3510 MARVIN D. LOVE FREEWAY DALLAS, TEXAS 75224 PHONE (214) 376-3836 FAX: (214) 376-3860