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RE 2003-06-10.2 A RESOLUTION OF THE CITY OF COPPELL, TEXAS RESOLUTION NO. 2003-0610.2 A RESOLUTION OF THE CITY OF COPPELL, TEXAS, ACCEPTING THE BID OF THBGP, INC. FOR THE PURCHASE OF 10+ ACRES OF PROPERTY FROM THE CITY OF COPPELL AS DEPICTED ON EXHIBIT "A," WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE; AUTHORIZING THE CITY MANAGER AND MAYOR TO EXECUTE THE NECESSARY DOCUMENTS TO CONSUMMATE THE SALE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City desires to sell certain property as described by legal description in Exhibit "A," which is attached hereto and incorporated herein by reference as if set forth in full; and WHEREAS, the City is no longer in need of retaining such property for municipal purposes; and WHEREAS, bids were received by the City and opened on April 14, 2003; and WHEREAS, THBGP made the highest offer in the amount of One Million, Three Hundred fifty-two thousand Dollars and no cents ($1,352,000.00); and WHEREAS, the City has determined that such value is fair market value in compliance with State law; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the bid of THBGP, Inc., in the amount of One Million, Three Hundred fifty-two thousand Dollars and no cents ($1,352,000.00), is hereby accepted for the sell of the property described in Exhibit "A", which is attached and incorporated herein by reference. SECTION 2. That the Mayor and City Manager are hereby authorized to execute the necessary documents to consummate such sale. SECTION 3. That this Resolution shall take effect immediately from and after its passage as the law and charter in such cases provide. 1 56378 DULY PASSED by the City Council of the City of Coppell, Texas, this the ~ day of ,2003. Y R ROBERT E. H~G'E~ ATTORNEY (REHd~/22/03) (563'78) ATTEST: LIBBY BAL~ SECRETARY 2 56378 9?2 304 0200 06/19/2003 12:33 FAX 972 304 0200 ALLEGIANCE ~002 GF# 1050831 -TC0 Being a tract of land located within the william A. Trimble Survey, Abstrac~ 1268, Denton County, T~xas, now being A bsEract 1791, Dallas County, Texas, and beim~ more Darticularly described ss follows: Commencing at a fou_~d 3/4 inch iron rod at the intersection of the center line of MacArthur Boulevard (500 foot right-of-way) and the South su~-vey line of ~he William A. Tri~!e Su~ey; THENC~ EaSt a%on~ the South su~ey line of said William A. Tri~le Su~ey, a distance of 55~.68 feet ~o the ~oint of THENCE North a distance of ~019.68 ~eet to a point in ~he censer line of Denson Creek for a co,er; THENCE alon~ said Denton Creek center line meanders the followin9 courses disEances; NorZh 34 de~ees 00 minu~es 00 seconds Eas~, 67.59 feet; North 15 ~egrees 00 minutes 00 seconds East, 70.00 feet; North 06 de~rees 05 ~inuses ~0 seconds Eas~, 60.00 feet: North 09 degrees 00 minutes 00 seconds ~a~t, 70.00 feet; NOrth 01 de~ree 30 minuses ~0 seconds East, 30.00 fee~ North 09 de~rees 15 minu~es 00 seconds west, ~7.07 fee~ ~o a poin5 for a corner; THENCE ~ast a distance of of 270~61 fee~ t~ a Do~n~ for a co,er; T~ENCE Sou~h a distanc~ of 132~.84 feet 5o a p~int in ~h~ said South su~ey line of the said William A. Tri~le Su~ey, for a corner; T~ENCE Wes~ alon~ sai~ South su~ey line, a ~istance o~ 340.27 feet to the Point of Be~innin~ and containing 435,600 s~are feet or 10.000 acres of land, more or less. NOTE: COMP~Y DOES NOT REPRESENT T~T TME ~OVE ACR~E ~D/OR SQU~E F00TA~E ~LCU~TIONS ARE CORRECT. D,,e so I ,,&'o 3 -0(,, Corporate/Commercial 2100 McKirmey Avenue Suite 1200 Dallas, Texas 75201 214.954.5400 214.954,5500 FAX Coppell 230 N. Denton Tap Road Suite 112 Coppel], Texas 75019 972.304.8000 972.3040200 FAX Flower Mound 3200 Long Prairie Road Suite A Flower Mound~ Texas 75022 972.355.5525 972355.4459 FAX Higblund Village 1992 FM 407 Suite 100 Lewisvillc, Texas 75077 972.317.7800 972.317.7170 FAX McKin~ey 3301 Eldorado Parkway Suite 100 McKinney, Texas 75070 972.562.9559 972.562.0161 FAX 7517 Campbell Road Suite 404 Dallas, Texas 75248 972.735.8700 972.735.8759 FAX Pluno 3516 Preston Road Suite 100 Plano, Texas 75093 972758.9200 972.758.9222 FAX Preston Center 8115 Preston Road Suite 100 Dallas, Texas 75225 214.373.3500 214.368.7520 FAX SoutMake 1~o w. Southlake Bird Suite 410 Southlake, Texas 76092 817.424.5333 817.424.5388 FAX ww~allegiancetitle, corn DELIVERED BY HAND Vlr. Clay Phillips Deputy City Manager 2ity of Coppell ~e: Our GF#1050831 Sale of 732 Deforest Road, Coppell Dear Clay: Pursuant to instructions from Bob Hager, please find enclosed herewith the ?ollowing documents: 1. Original Special Warranty Deed requiring the signature of Mayor Stover; 2. Seller's Statement requiring the signature of Jim Witt; and 3. Preliminary Purchaser's Statement for informational purposes only. Please call me when the enclosed documents have been executed and I will send a :ourier to pick them up. Please call if your have any questions. Sincerely yours, V~i~~~g~s c;Tw Officer Copp et~"Br'aneh. 2GVIF/me Enclosure SPECIAL WARRANTY DEED With Vendor's Lien Date: July _,_~__, 2003 Grantor: CITY OF COPPELL Grantor's Mailing Address: 255 Parkway Blvd., Coppell, TX, 75019 Grantee: ST. ANDREWS LAND CO., LTD Grantee's Mailing Address: 1406 Halsey Way #100, Carrollton,TX, 75007 Consideration: ResolutionNo. 2003-0610.2 of the City of Coppell, Texas, accepting Bid No. Q-0303-04 of TItBGP, Inc. duly passed by the City Council of the City of Coppell the l0th day of June, 2003. Said bid having been assigned to St. Andrews Land Co., LTD by THBGP, Inc. Ten andNo/100 Dollars ($10.00) and other good and valuable consideration, in hand paid by Grantee to Grantor, the receipt and sufficiency of which is hereby acknowledged, and a note of even date executed by Grantee and payable to the order of Grand Bank in the principal amount of NINE HUNDRED TEN THOUSAND AND N0/100 DOLLARS ($910,000.00). The note is secured by a first and superior vendor's lien and superior title retained in this deed in favor of GRAND BANK and by a first-lien deed of trust of even date from Grantee to Lee M. Dinkel, Trustee. Property (including any improvements): 732 Deforest Rd.,Coppell, TX 75019, more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes. Reservations from Conveyance: None Exceptions to Conveyance and Warranty: Liens described as part of the Consideration and any other liens described in this deed as being either assumed by C/rantee or subject to which title is taken by Grantee; validly existing restrictive covenants common to the platted subdivision inwhich the Property is located; restrictive covenants as set out in Exliibit "B" attached hereto and made a part hereof for all purposes; standby fees, taxes and assessments by any taxing authority for the year 2003 and subsequent years, and subsequent taxes and assessments by any taxing authority for prior years due to change in land usage or ownership; validly existing utility easements created by the dedication deed or plat of the subdivisionto which the Property is located; validly existing reservations or exceptions approved in writing by Grantee and described in Schedule B of the Owner Policy for Title Insurance issued to Grantee as part ofthi~ transaction; any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or protrusions, or any overlapping of improvements; homestead of community property or survivorship rights, if any, of any spouse of Grantee; and any validly existing titles or rights asserted by anyone, includingbut not limited to persons, the public, corporations, governments, or other entities, to (a) tidelands or lands comprising the shores or beds of navigable or perennial rivers and stream.q, lakes, bays, g~flf~, or ocean.% (b) lands beyond the line of the harbor or bulkhead lines as established or changed by any government, (c) filled-in lands or artificial islands, (d) statutory water rights, including riparian rights, or (e) the area extending from the line of mean low tide to the line of vegetation or the right of access to that area or easement along an across that area. Grantor, for the Consideration and subject to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty, grants, sells, and conveys to Grantee the Property, together with all and singular the rights and appurtenances thereto in any way belonging, to have and to hold itto Grantee, Grantee's heirs, successors, and assigns forever. Grantor binds Grantor and Grantor's heirs and successors to warrant and forever defend all and sing~flar the Property to Grantee and Grantee-'s heirs, successors, and assigns against every person whomsoever lawfully claiming or to claimthe same or any part thereof when the claim is by, through, or under Grantor, but not otherwise, except as to the Reservations from Conveyance and the Exceptions to. Conveyance and Warranty. The vendor's lien against and superior tkle to the Property are retained until each note described is fully paid according to its terms, at which time this deed will become absolute. GRAND BANK, at Grantee's request, has paid in cash to Grantor that portion of the purchase price of the Property that is evidenced by the note. The first and superior vendor's lien against and superior title to the Property are retained for the benefit of GRAND BANK and are transferred to GRAND BANK, withom recourse against Grantor. When the context requires, singular nouns and pronouns include the plural. BY: iF COPPELL ~/~jx~.~STOS~ER, MAYOR STATE OF TEXAS COUNTY OF DALLAS This instrument was acknowledged before me the ..~.h_,d.. day of July, 2003 by Douglas N. Stover as Mayor of the City of Coppell, a municipal corporation, in the pefforman, ce of the functions of his office. ~ ~ ~vr'~ ~ '~ '-..~?~..' .." ',,,,~- ~. 2~,~,,,~ ~lllllllllttl~ After recording return to: ~~-L~ Z/~a ./2' _ NOtARY~rBI~I~, STATE-OF TEXAS St. Andrews Land Co., Ltd 1406 Halsey Way, #100 Carrollton, TX 75007 Prepared by: Seal, Moore & Associates LLC 2100 McKinney Avenue, Suite 1200 Dallas, TX 75201 E X H I B I T "A" LEGAL DESCRIPTION ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF DALLAS STATE OF TEXAS * * * * * * * *, DESCRIBED AS FOLLOWS: BEING a tract of land located within the William A. Trimble Survey, Abstract 1268, Map Records, Denton County, Texas, now being Abstract 1791, Dallas County, Texas, and being more particularly described as follows: COMMENCING at a found 3/4 inch iron rod, at the intersection of the center line of MacArthur Boulevard (100 foot R.O.W.) and the South survey line of the William A. Trimble Survey; THENCE, East, along the South survey line of said William A. Trimble Survey, a distance of 557.68 feet to the POINT OF BEGINNING; THENCE, North, at 30.0 feet passing a 1/2 inch found iron rod, at 940.0 feet passing a 1/2 inch set iron rod, in all a distance of 1019.68 feet to a point in the center line of Denton Creek for a corner; THENCE, along said Denton Creek center line, meanders the following courses and distance: - North 34 degrees 00 minutes 00 seconds East, 67.59 feet; North 15 degrees 00 minutes 00 seconds East, 70.00 feet; North 06 degrees 05 minutes 00 seconds East, 60.00 feet; North 09 degrees 00 minutes 00 seconds East, 70.00 feet; "~ North 01 degree 30 minutes 00 seconds East, 30.00 feet; North 09 degrees 15 minutes 00 seconds West, 27.07 feet to a point for corner; THENCE, East, at 46.83 feet passing a 1/2 inch set iron rod, in all a distance of 270.61 feet to a 1/2 inch set iron rod for a corner; THENCE, South, at 1298.84. feet passing a 1/2 inch found iron rod, in all a distance of 1328.84 feet to a point in the said South survey line of the said William A. Trimble Survey, for a corner; THENCE, West, along said South survey line, a distance of 340.27 feet to the POINT BEGINNING and containing 435,600 square feet or 10.000 acres of land. EXHIBIT "B" RESTRICTIVE COVENANTS 1. A building or premise shall be used only for the following purposes: a) b) c) Home occupants Single family residence Such uses as may be permitted in special use permits, section 12- 30-6 of the Ordinances of the City of Coppell 91500-A- 129, Section 12-30-6, as amended. The maximUm height regulations will be 35 feet nor more than two and one- half stories high, 3. MinimUm size of yards: a) b) c) Front yard: 30 feet. Side yard: 10 feet. A side yard adjacent to a side street 15 feet. Allowable non-residential uses 25 feet. Rear yard: 20 feet. 4. MinimUm.size of lot: a) b) c) Lot area: 9,000 square feet or 4,500 per unit. Lot width: 80 feet. Lot depth: 100 feet. MinimUm dwelling size: 1,200 square feet exclusive of garages, breezeways and porches. Lot coverage: 40 percent of the total lot area may be covered by the combined area of the main buildings and accessory buildings. Parking regulations. Two enclosed off-street spaces per unit behind the front yard line. Off-street parking spaces shall be provided in accordance with the requirements for special uses set forth in article 31. Where lots are adjacent to an alley, the enclosed parking area (garage) must be accessed offofthe alley only. No parking shall be allowed within the fi'ont yard. o Type of eXterior construction. At least 80 percent of the exterior walls of the first floor of all structures shall be of masonry construction exclusive of doors, windows, and the area above the top plate line. Each story above the first flood or a straight wall structure shall be at least 80 percent masonry exclusive of doors, windows and the area above the top plate line. Date: July 2, 2003 PRELIMINARY PURCHASER'S STATEMENT Sale From: CITY OF COPPELL 255 Parkway Blvd. Coppell, TX 75019 To: ST. ANDREWS LAND CO., LTD 1406 Halsey Way #100 Carrollton, TX 75007 Property: 732 Deforest Rd.,Coppell, TX 75019 GF No.: 1050831 Purchase Price ................................................................ $1,352,000.00 Plus: Charges Origination Fee to Grand Bank .................................................... $9,100.00 Appraisal Fee to Jackson Clayborn, Inc ............................................... $4,000.00 Fees to Allegaince Title Company .................................................. $6,321.55 Mortgagee Policy ............................................. $5,711.00 Escrow ...................................................... $300.00 Endorsements .................................................. $310.55 Attorney's Fees for Preparation of Papers to Seal, Moore & Associates ............................ $200.00 Tax Certificate to Allegaince Title Company ............................................. $38.50 Survey Fees to Hennessey Engineering, Ine ............................................ $3,818.75 Attorney's Fees to Liechty & McGinni.~ .............................................. $4,000.00 Total Charges ................................................... $27,478.80 Gross Amount Due By Purchaser ............................. $1,379,478.80 Less: Credits Earnest Money ............................................................. $140,000.00 Loan Amount from Grand Bank .................................................. $910,000.00 Total Credits ................................................. $1,050,000.00 Balance Due By Purchaser .................................... $329,478.80 Purchaser Understands the Closing or Escrow Agent has assembled this information representing the transaction from the best information available from other sources and cannot guarantee the accuracy thereof. Any real estate agent or lender involved may be furaished a copy of this statement. Purchaser understands that tax and insurance prorations and reserves were based on figures for thc preceding year or supplied by others or estimates for current year, and in the event of any change for current year, all necessary adjustments must be made between Purchaser and Seller di~ct. The undersigned hereby authorizes Allegiance Title Company - CP to make expenditure and disbursements as shown above and approves same for payment. The undersigned also acknowledges receipt of Loan Funds, if applicable, in the amount shown above and a receipt of a copy of this Statement. Allegiance Title Company - CP ST. ANDREWS LAND CO., LTD BY: DOLCE INVESTMENTS, LLC, ITS GEN. PTNR. By. By Kristine M. Fichtner TOM HOBDEN, MANAGER 07/01/3 (4:10 PM) Compliments of Allegiance Title Company - CP SELLER'S STATEMENT Date: July 2, 2003 GFNo: 1050831 Sale From: CITY OF COPPELL 255 Parkway Blvd. Coppell, TX 75019 To: ST. ANDREWS LAND CO., LTD 1406 Halsey Way #I00 Carrollton, TX 75007 Property: 732 Deforest RcL,Coppell, TX 75019 Sales Price ........................................................................................................................................................................... $1,352,000.00 Reimbursements/Credits Total Reimbursements/Credits ................................................................................ $0.00 Gross Amount Due to Seller ......................................................... $1,352,000.00 Less: Charges and Deductions WAIVED BY ALLEGIANCE TITLE COMPANY Total Charges and Deductions ................................................................................ $0.00 Net Amount Due To Seller ........... ; ................................................ $1,352~000.00 Seller Understands the Closing or Escrow Agent has assembled this information representing the Iransaction fi'om the best information available from other sources and cannot guarantee the accuracy thereof. Any real estate agent or lender involved may be furnished a copy of this statement. Seller understands that tax and insurance prorations and reserves were based on figures for the preceding year or supplied by others or estimates for current year, and in the event of any change for current year, all necessary adjustments must be made between Purchaser and Seller direct. The undersigned hereby authorizes Allegiance Title Company - CP to make expenditure and disbursements as shown above and approves same for payment. The undersigned also acknowledges receipt of Loan Funds, if applicable, in the amount shown above and a receipt ora copy of this Statement. Allegiance Title Company - CP By Kristine M. Fichtner, Escrow Officer CITY OF COPPELL ff'Jim Witt, City Manager Printed at: 06/26/03 6:23 PM Compliments of Allegiance Title Company - CP