RE 10-14-97.1 A RESOLUTION OF THE CITY OF COPPELL, TEXAS
RESOLUTION NO. 101497.1
A RESOLUTION OF THE CITY OF COPPELL, TEXAS, APPROVING THE
TERMS AND CONDITIONS OF A TAX ABATEMENT AGREEMENT BY AND
BETWEEN THE CITY OF COPPELL, TEXAS AND DERSE ASSOCIATES DALLAS,
L.L.C.; AUTHORIZING ITS EXECUTION BY THE MAYOR; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Council has been presented a proposed Tax Abatement A4p-eement by
and among the City of Coppell, Texas and Derse Associates Dallas, L.L.C., a copy of which is attached
hereto and incorporated herein by reference; and
WHEREAS, upon full review and consideration of the ^4~reement, and all matters related
thereto, the City Council is of the opinion and finds that the terms and conditions thereof should be
approved, and that the Mayor should be authorized to execute the A4~reement on behalf of the City of
Coppell, Texas;
NOW, THF. REFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS, that:
1. The Agreement attached hereto having been reviewed by the City Council of the City
of Coppell, Texas, and found to be acceptable and in the best interest of the City and its
citizens, be, and the same is hereby, in all things approved, and the Mayor is hereby authorized
to execute the Agreement on behalf of the City of Coppell, Texas.
2. The City Council finds that the improvements proposed to be built upon the Premises
described in the Agreement will enhance the.economic vitality of the community through a
combination of new capital investmem, increased sales tax revenues, and the creation of
additional job opportunities.
3. The tax abatement to be granted by the Agreement will not include inventories, and
supplies.
4. The improvements proposed for the Premises will accomplish the tax abatement
guidelines of the City of Coppell, Texas.
5. The City Manager delivered to the presiding officer of the governing body of each
taxing unit in which the property subject to the Agreement is located, a written notice that the
City of Coppell, Texas, intends to emer into the Agreement. The notice given by the City
Manager included a copy of the Agreement approved by this Resolution.
1 8812674
6. This Resolution and the Tax Abatement Agreement are hereby approved by the
affirmative vote of the majority of the members of the City Council of the City of Coppell,
Texas, at a regularly scheduled meeting of the City Council.
7. TNs Resolution shall become effective immediately from and after its passage.
DULY RESOLVED AND ADOPTED by the City Council of the City of Coppell, Texas, on
this the /~/-/k! dayof ~".jg'7/oJo~r" , 1997.
ciTY oF coP ,m , TEXAS,
CANDY SHEylI~3q, MAYOR
ATTEST:
KATHLEEN ROACH, CITY SECRETARY
APPROVED AS TO FORM:
PETER G. SMITH, CITY ATTORNEY
(PGS/ttl 9/30/97)
2 ss12674
COUNTY' CLERK'S MEMO
PORTIONS OF THIS
· DOCUMENT NOT
- REPRODUCIBLE
WHEN RECORDED
STATE OF TEXAS §
§ TAX ABATEMENT AGREEMENT
COUNTY OF DAI,I,AS § ;=~ 15 :t 006
It/04/9? 1303t0 $3t.00
Deed
This Tax Abatement Agreement (the "AGREEMENT') is entered into by and between the
City of CoppeA1, Texas (the "CITY"), a home role city and municipal corporation of Dallas County,
Texas, duly acting herein by and through its Mayor, Derse Associates Dallas, L.L.C., CDEIISE"),
acting by and through its respective authorized agent
WITNESSETH:
WHF~REAS, the City Council of the CITY, passed an Ordinance (the "ORDINANCE")
establishing Tax Abatement Reinvestment Zone No. 15 (the "ZONE"), for commercialfmdustrial tax
abatement, as authorized by the Property gedevelopment and Tax Abatement Act, Chapter 3 12 of the
Texas Tax Code, as amended (the "TAX CODE"); and
WI{EREAS, the CITY has adopted guidelines for tax abatement (the "TAX ABATEMENT
GUIDEI ,INES"); and
WHEREAS, the TAX ABATEMENT GUIDELINES contain appropriate guidelines and
criteria governing tax abatement agreements to be entered into by the CITY as contemplated by the
TAX CODE; and
WHEREAS, the CITY has adopted a resolution stating that it elects to be eligible to
participate in tax abatement; and
WFf~REAS, in order to maintain and enhance the commercial and industrial economic and
employment base of the Coppell area, it is in the best interests of the taxpayers for the CITY to enter
into this AGREEMENT in accordance with said ORDINANCE, the TAX ABATEMENT
GUIDELINES and the TAX CODE; and
W!IF~REAS, DERSE's establishment described herein will create permanent new jobs in the
CITY; and
WHEREAS, the City Council finds that the contemplated use of the PREMISES (hereina~er
defined), the contemplated improvements to the PREMISES in the amount set forth in this
AGREEMENT, and the other terms hereof are consistent with encouraging development of the
ZONE in accordance with the purposes for its creation and/or in compliance with the TAX
ABATEMENT GUIDELINE, the ORDINANCE adopted by the CITY, the TAX CODE and all
other applicable laws; and
Tax Abatement Agreement - Page 1 887750
97215 0t 836
WHEREAS, the City Council finds that the improvements sought are feasible and practicable
and would be of benefit to the land to be included in the ZONE and to the CITY after expiration of
this AGREEMENT; and
WItEREAS, a copy of this AGREEMENT has been furnished, in the manner prescribed by
the TAX CODE, to the presiding officers of the governing bodies of each of the taxing units in which
the PREMISES is located; and
WHEREAS, the CITY desires to enter into an agreement with DERSE as the owner of the
PREMISES within the Tax Abatement Reinvestment Zone No. 15 for the abatement of taxes
pursuant to Chapter 312 of the TAX CODE, as amended;
NOW, THEREFORE, in consideration of the mutual benefits and promises contained herein
and for good and other valuable consideration, the adequacy and receipt of which is hereby
acknowledged, including the expansion of primary employment, the attraction of major investment in
the ZONE, which contributes to the economic development of Coppell and the enhancement of the tax
base in the CITY, the parties agree as follows:
GENERAL PROVISIONS
1. DERSE is the owner or is under contract to purchase that real property described in
Exhibit "A" attached hereto and made a part hereof for all purposes (the "PREMISES"), which
PREMISES are located within the city limits of the CITY and within the ZONE.
2. The PREMISES are not in an improvement project financed by tax increment bonds.
3. This AGREEMENT is entered into subject to the rights of the holders of outstanding
bonds of the CITY.
4. The PREMISES are not owned or leased by any member of the Coppell City Council
or any member of the Coppell Planning and Zoning Commission, or any member of the governing
body of any taxing units joining in or adopting this AGREEMENT.
TAX ABATEMENT AUTHORrZED
5. This AGREEMENT is authorized by the Texas Property Redevelopment and Tax
Abatement Act of the Texas Tax Code, Chapter 312, and in accordance with the CITY TAX
ABATEMENT GUIDELINES and Criteria, and approved by resolution of the City Council of the
CITY authorizing the execution of this AGREEMENT.
Tax Abatement Agreement - Page 2 ss7750
97215 0t 837
6. Subject to the terms and conditions of this AGREEMENT, the CITY hereby
grants DERSE an abatement of ad valorem taxation on real and/or personal property with respect
to the PREMISES of fifty percent (50%) for a period of five (5) years; however, if an additional
building is constructed and completed on the PREMISES in addition to the
IMPROVEMENTS, (hereinafier defined) to increase the total square footage of office space to
165,000 square feet on or before December 31, 2000, the actual percentage of taxes subject to
abatement for the remaining years subject to abatement under the terms of this AGREEMENT
shall be increased to seventy-five (75%) percent. The actual percentage of taxes subject to
abatement for each year of this AGREEMENT will apply only to the portion of the taxable value
of the PREMISES that exceeds that property's taxable value for the year in which this
AGREEMENT is executed (BASE VEAR/1997). The tax abatement for tangible personal
property may only apply to the personal property added to the real property after this
AGREEMENT is executed.
7. The period of tax abatement herein authorized shall be five (5) years, beginning on
January 1, 1998 and continuing until December 31, 2002, unless otherwise amended by the parties
pursuant to the TAX CODE.
8. During the period of tax abatement herein authorized, DERSE shall be subject to
all CITY taxation not abated, including but not limited to, sales tax and ad valorem taxation on
land, inventory and supplies.
DEFINITIONS
9. Wherever used in this AGREEMENT, the following terms shall have the
meanings ascribed to them:
A. The PREM/SES shall mean the property descnt~l on Exhibit "A" attached hereto
and incorporated herein for all purposes including any improvements and personal property,
excluding inventory, which is added to the property subsequent to the execution of this
AGREEMENT;
B. The IMPROVEMENTS shall mean the contemplated improvements described
herein located on the PREMISES and as further described in the plans submitted to the
CITY, including but not limited to buildings, structures, tangible personal property, equipment,
and fixtures added to the PREMIgES other than inventory.
C. The TOTAL ASSESSED TAX VALUE shall mean the total assessed taxable value
on January 1 of any tax year of the PREMISES, any IMPROVEMENTS located on the
PREMISES and the tangible personal property, excluding inventory, located on the
PREMISES.
Tax Abatement Agreement - Page 3 ss7750
97215 0 838
D. The BASE YEAR TAX VALUE shall mean the total assessed taxable value for the
year in which the Tax Abatement Agreement is executed (1997).
E. The FIRST YEAR OF THE TAX ABATEMENT AGREEMENT shall be 1998,
unless otherwise agreed to by the parties.
F. CERTIFIED APPRAISED VALUE means the appraised value of the
PREMISES as certified by the Dallas Central Appraisal District as of January 1 of each year in
which the tax abatement is granted.
IMPROVEMENTS
10. DERSE is the owner or is under contract to purchase the PREMISES described in.
Exhibit "A" and agrees to construct or cause to be constructed a warehouse facility on the
PREMISES consisting of a 105,000 square foot building containing a 10,000 square feet of office
space (and other ancillaxy facilities such as required parking and landscaping more fully described in the
submittals filed by DERSE with the CITY ~'om time to time in order to obtain a building permit)
(hereinatter defined as the "IMPROVEMENTS"). Nothing in this AGREEMENT shall obligate
DERSE to construct the IMPROVEMENTS on the PREMISES, but said IMPROVEMENTS are
a condition precedent upon initiation of tax abatement pursuant to this AGREEMENT. Subject to
the terms and conditions of this AGREEMENT, DERSE is entitled to an abatement of ad valorem
taxation on real property and/or personal property of fifty percent (50%) conditioned upon DERSE,
its successors or assigns, diligently constructing the aforesaid IMPROVEMENTS.
CONSTRUCTION OF IMPROVEMENTS
11. As a condition precedent to the initiation of tax abatement pursuant to this
AGREEMENT, DERSE will diligen~y and faithfully, in good and workmanlike manner, pursue the
completion of the contemplated IMPROVEMENTS on or before December 3 1, 1997, as good and
valuable consideration for this AGREEMENT, and that all construction of the IMPROVEMENTS
will be in accordance with all applicable state and local laws, codes, and regulations, (or valid waiver
thereof); provided, that DERSE shall have such additional time to complete and maintain the
IMPROVEMENTS as may be required in the event bf"Force Majeure," if DERSE is diligently and
faithfully pursuing completion of the IMPROVEMENTS. For this purpose, "Force Majeure" shall
mean any contingency or cause beyond the reasonable control of DERSE including without limitation,
acts of God or the public enemy, war, riot, civil cormnotion, insurrection, adverse weather, govemment
or de facto governmental action (unless caused by acts or omissions of DERSE), fires, explosions or
floods, strikes, slowdowns or work stoppages.
12. DERSE agrees to maintain the IMPROVEMENTS during the term of this
AGREEMENT in accordance with all applicable state and local laws, codes, and regulations.
Tax Abatement A~reement - Page 4 ss7750
97215 0b, 839
13. The CITY, its agents and employees shall have the right of access to the PREMISES
during construction to inspect the IMPROVEMENTS at reasonable times and with reasonable notice
to DERSE, and in accordance with DERSE's visitor access and security policies, in order to insure
that the construction of the Improvements are in accordance with this AGREEMENT and all
applicable state and local laws and regulations (or valid waiver thereof).
GENERAL REQUIREMENTS
14. Construction plans for the IMPROVEMENTS constructed on the PREMISES will
be filed with the CITY. The plans for such IMPROVEMENTS as filed shall be deemed to be
incorporated by reference herein and made a part hereof for all purposes.
15. DERSE agrees from the date a certificate of occupancy is issued until the expiration of
this AGREEMENT to continuously operate and maintain the PREMISES as an office, warehouse
and dism'bution center, or any other activity consistent with local zoning, in compliance with all
applicable federal, state and local laws.
16. After completion of the IMPROVEMENTS, DERSE shall certify in writing to the
CITY the construction cost of the IMPROVEMENTS. DERSE shall annually certify to the CITY
that it is in compliance with each term of the AGREEMENT.
17. The PREMISES and the IMPROVEMENTS constructed thereon at all times shall
be used in the manner (i) that is consistent with the City's Comprehensive Zoning Ordinance, as
amended, and (ii) that, during the period taxes are abated hereunder, is consistent with the general
purposes of encouraging development or redevelopment within the ZONE.
DEFAULT: RECAPTURE OF TAX REVENUE
18. In the event DERSE fails in performance of any of the following conditions: (i)
completion of the IMPROVEMENTS in accordance with this AGREEMENT or in accordance with
applicable State or local laws, codes or regulations; (ii) has any delinquent ad valorera or State sales
taxes owed to the CITY (provided DERSE retains its right to timely and properly protest such taxes
or assessment); or (iii) breaches any of the terms and conditions of this AGREEMENT, then
DERSE, aRer the expiration of the notice and cure periods described herein, shall be in default of this
AGREEMENT. As liquidated damages in the event of such default, DERSE shall, within sixty (60)
days after demand, pay to the CITY all taxes which otherwise would have been paid to the CITY
without benefit of a tax abatement with interest at the statutory rate for delinquent taxes as determined
by Section 3:t.01 of the TAX CODE as amended but without penalty. The parties acknowledge that
actual damages in the event of default termination would be speculative and difficult to determine. The
parties further agree that any property tax revenue lost, including interest as a result of this
AGREEMENT, shall be recoverable against DERSE, its successors and assigns and shall constitute a
Tax Abatement Agreement - Page 5 ss7750
97215 0 8q0
tax lien on the PREMISES itself and shall become due, owing and shall be paid to the CITY within
sixty (60) days.
19. Upon breach by DERSE of any obligations under this AGREEMENT, the CITY
shall notify DERSE in writing. DERSE shall have sixty (60) days from receipt of the notice in which
to cure any such default. If the default cannot reasonably be cured within a sixty (60) day period, and
DERSE has diligently pursued such remedies as shall be reasonably necessaxy to cure such default,
then the parties shall automatically extend the period in which the violation must be cured for an
additional sixty (60) days.
20. If DERSE fails to cure the default within the time provided herein or, as such time
period may be extended, then the CITY at its sole option shall have the right to terminate this
AGREEMENT by written notice to DERSE.
21. Upon termination of this AGREEMENT by the CITY, all tax revenue abated as a
result of this AGREEMENT shall become a debt to the CITY as liquidated damages, and shall
become due and payable not later than sbcty (60) days after a notice of termination is made. The CITY
shall have all remedies for the collection of the recaptured tax revenues provided generally in the TAX
CODE for the collection of delinquent property tax. The CITY at its sole discretion has the option to
provide a repayment schedule. The computation of tax revenue abated for the purposes of the
AGREEMENT shall be based upon the full taxable value without tax abatement for the years in which
tax abatement hereunder was received by DERSE with respect to the PREMISES, as determined by
the Central Appraisal District, multiplied by the tax rate of the years in question, as calculated by the
City Tax Assessor-Collector. Penalties as provided for delinquent taxes shall accrue after expiration of
the sixty (60) day payment period.
ANNUAL APPLICATION FOR TAX EXEMPTION
22. It shall be the responsibility of DERSE, pursuant to the TAX CODE, to file an annual
exemption application form with the Chief Appraiser for each appraisal district in which the eligible
taxable property has sims. A copy of the exemption application shall be submitted to the CITY for
review. DERSE shall annually certify to the CITY in writing that it is in compliance with the terms of
this AGREEMENT.
SUCCESSORS AND ASSIGNS
23. This AGREEMENT shall be binding on and inure to the benefit of the paxties to it and
their respective heirs, executors, administrators, legal representatives, successors, and assigns. This
AGREEMENT may not be assigned without the consent of the CITY.
Tax Abatement Agreement - Page 6 887750
97215 ObSt l
NOTICE
24. All notices required by this AGREEMENT shall be addressed to the following or
other such other party or address as either party designates in writing by certified mail, postage prepaid
or by hand delivery:
If intended for DERSE, to:
Derse Associates Dallas, L.L.C.
1234 N. 62nd Street
lVfilwaukee, WI 53213-2996
Attn: Daniel J. Vander Sanden
If intended for CITY, to:
City of Coppell, Texas
City Manager
P. O. Box 478
Coppell, Texas 75019
CITY COUNCIL AUTHORIZATION
25. This AGREEMENT was authorized by resolution of the City Council epproved by ks
Council meeting authorizing the Mayor to execute this AGREEMENT on behalf of the CITY.
SEVERABH ,FrY
26. In the event any section, subsection, paragraph, sentence, phrase or word herein is held
invalid, illegal or unconstitutional, the balance of this AGREEMENT, shall be enforceable and shall be
enforced as if the parties intended at all times to delete said invalid section, subsection, paragraph,
sentence, phrase or word.
APPLICABI.F. LAW
27. This AGREEMENT shall be construed under the laws of the State of Texas. Venue
for any action under this AGREEMENT shall be the State District Court of Dallas County, Texas.
This AGREEMENT is performable in Dallas County, Texas.
Tax Abatement Agreement- Page 7 ss7750
97215 0L 8 42
28. This AGREEMENT may be executed in any number of counterparts, each of which
shall be deemed an original and constitute one and the same instrument.
ENTIRE AGREEMENT
29. This AGREEMENT embodies the complete agreement of the parties hereto,
superseding all oral or written previous and contemporary agreements between the parties and relating
to the matters in this AGREEMENT, and except as otherwise provided herein cannot be modified
without written agreement of the parties to be attached to and made a part of this AGREEMENT.
30. The provisions of this AGREEMENT are hereby declared covenants running with the
PREMISES and are fully binding on all successors, heirs, and assigns of DERSE who acquire any
right, title, or interest in or to the PREMISES or any part thereof Any person who acquires any right,
title, or interest in or to the PREMISES, or any part hereof, thereby agrees and covenants to abide by
and fully perform the provisions of this AGREEMENT with respect to the right, title or interest in
such property.
RECORDATION OF AGREEMENT
3 1. A certified copy of this AGREEMENT shall be recorded in the Deed Records of
Dallas County, Texas.
INCORPORATION OF RECITALS
32. The determinations recited and declared in the preambles to this AGREEMENT are
hereby incorporated herein as part of this AGREEMENT.
EXHIBITS
33. All exhibits to this AGREEMENT are incorporated herein by reference for all
purposes wherever reference is made to the same.
Tax Abatement Agreement - Page 8 s87750
97215 Ob, Sb, 3
EXECUTED in duplicate originals this the/~7~h day of Zg{~b,-~ 1997.
CITY OF COPPELL, TEXAS DERSE ASSOCIATES DAIJAS, LLC.
APPROVED AS TO FORM:
PETER G. SMITH, CITY ATTORNEY
(PGS/ul 9/10/97)
Tax Abatement Agreement - Page 9 ss7750
97215 Ot~Sb, t~
MAYOWS ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF DALLAS §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this
day personally appeared Candy Sheehan, Mayor of the City of Coppell, Texas, a municipal
corporation, known to me to be the person and officer whose name is subscribed to the foregoing
instrument and acknowledged to me that the same was the act of the said City of Coppell, Texas, a
municipal corporation, that he was duly authorized to perform the same by appropriate resolution of
the City Council of the City of Coppell, and that he executed the same as the act of said City for the
purpose and consideration therein expressed and in the capacity therein stated.
~'cT'~r tn~ESt h4Y m~Nt~ AN~ SEA~ OF OVVtCZ t~s the/q~,{day of
,1997 .
,,,~. % Notary Public, State of Texas
sees XP| sise
I##d JilliS1%
Tax Abatement Agreement - Page 10 887750
97215 Ob, BL 5
DERSE' ACKNOWLEDGMENT
STATE OF WISCONSIN §
COUNTY OF MILWAUKEE §
BEFORE ME, the undersigned authority a Notan/Public in and for the State of Wisconsin, on
this day personally appeared Daniel J. Vander Sanden, being the of
Derse Associates Dallas, L.L.C.., a Texas corporation, known to me to be the person and officer
whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the
act of the said corporation, and that he executed the same as the act of said corporation for the purpose
and consideration therein expressed and in the capacity therein stated.
GIVEN UND, E9R~. HAND AND SEAL OF OFFICE this the Z~ Z~ day of
Notary Public, State of Wisconsin
My Commission Expires:
Tax Abatement Agreement - Page 11 ss7750
97215 048 f6
PROPERTY DESCRIPTION
,
Boln o rFOCt Of Parcel of IOr~ 31tuOted In tr~e wfl ll~l~ K. Poy~ S~vly, Abetroof NO.* 1140, rM
S.~.Eu.C.R.R. S~vey ~sfroct ~. 1439, t~ C.S. ~ S~vey, ~Dattocr ~. t155, r~e Jeise
~ore Survey. ADSTraCt ~. 968. O~ the J, T, T~eOtt S~vey, AbSOrbs ~. itS3. CIty of CopPe~~·
0at ;os County, Texoe, &~ bel~ o Wr of ' ;fMD~T ~?~ LOT ~r O fl~l PlOt
vol~ 95245. Page 2050, DOl IM CO~ty PlOt R~Ol. laid trot Oelng ~e D~tlcgl~ty
8eQIMI~ Ot t~e 8our~ose Co~f Of solo '~ot S~, l~ '~tn~ ~ fN fiat Ifne
C~reve tract am reckon In vot~ 88246. Pope 4209, Des toe ~ty, O~ .e~a~
Oleo ~el~ On me n~tn ROW I1~ of CrieRview Drive 160' ~3. · I/2' Ir~ rM fO~a for
corners
TH(NC( eiOn SOle n~T, ROW, 5~t~ 0F41'59' welt, 0 Gleefie of 137. ZI foot to t~
be~l~lng o~ I I foolua of 49~.09 feet one · ¢entra~
a r~t C~ve to tM left, 10 e C~ve ~ ~ O
~Ofe 0f 3'03' 14'. a 112' If~ r~ ~o~ fv c~e
rHENC[ along laid c~ve ~ ~c dllt~e 0f 261.50 feet to o i)2- Iron roe f~o f~
~o the Deql~ln~ of 0 t~t c~Ye to ~ left, laid ~ve ~lna 0 f~luI of 1410 fee~ ~ a
r 44 Iron f~ c~l
cent at ~le 0 F '41'. Q I/2' tO0 eat
TH~NC( Ol~g lala c~ve ~ ~c alsta~e of fi. ge feet to a I/2' Ir~ rN eat f~ c~nere
~NENCE gonrlnulN Ol~ said ~tn R01 I1~, ~th 8f36'34' Bat o aliafie of 35.~ feet
to t~ south c~n~ Of o cut-b~w I I~ IO~teo at tN ~t~lt c~r Of Royal I~ I IN' ROw)
~d said Creakylee ~lve, a t/2' Iro~ (~ le~ for
TH[~( along SOlO CUr-~CK elM, ~th 4f36'34' Nit, · ~llt~ Of 21.21 feet to
t l/
iS0. wine ~QI~ o~r ~ r~ In vol~ 8420J t feet, tO NI~r rN c~t~llne of
~ P~ 1116 Of MI0 R o
ar~u,~;a of St].S3 ~eet ~ ~rt~l~ · t~tal dllt~ 0 ~ILS] · ~ .
~olo e~t. fi In ~ ~ntV Of ·
a~le of t5'~' ~'. a ~lnf t~
h4ENCE OlOn~ ~OIO curve ~ ~C ~rlt~ of 350.~ fNt tO 0 NIne for C~nere
feet. to o pOInt ~ t~ welt JIM 0f le[~ ElY,v, trot.
rN[NCE oton9 toll vest il~, S~tn ~5$*ZP Welt, ~1~ · Ht 112' tr~ fN set or
loutSOil c~r of NIQ G~t Ot ~ ellSfie of 71,84 fNt, ~ ~tf~l~ o total Oilsfie or
69;.90 feet TO tN P~AC[ 0E 8EClm~ ~ C~tOInlN O t0tet 0f 4t7,518 I~l fee
t :. 420 O~eS of ~lcn ~. 401 ~li Ills within HId et ~ ~;, lenIN O ~r
S~:0re feet ~ 10. gig ~ti, ~l ~ II~ wlmfn ~M ate ~ ~.
SURVEYOR S STATEMENT
In4 ~-~f'algneO dote nett0y certify to 0erie Ael~olotee ~11~, L.L,C., o rlxOI LImitsO
LI~Ilfe/C~y, ITI msl~a ~ ~et~, TIE Fret Wt~ L~ II, Ltd.. ~1~ rsr,e
C~y ~ ~1~ TItle In~ C~y t~t · ~v~ ~ ~14 ~ ~ ~ ~ 1~ ~ t~
~op~tI te~l ly ~i~lJ ~ ~ In tq Ott~ fllld ~tll t~t We ~ OY tN
q ~ COICu~Otee r~ ~tlty of Ifi I ~ ~tel~ wlmln ~ ~t m ~ t~ll plat
= own ~rlln B0fh ol to t0tOI ~l tNt In tN I~ fi ~ to ~ W of ~¢ fMt In
sfree I ~ Ol Lays. eol~nt= ~ fl~ ~ ~ II ~tl ~ t~r t~ ~vey ~ ~ ~letuo
iR ~c~o~e ¢lt~ tN 'Mlnl~ $t~4 ~tol l R~lrRti f~ L~ title S~veyl' }Qlntly
e}t~lls~ by ILTA ~ iC~ In I$t2, I~l~lng ~tl~l ~vey ree~lblsltlei I-4 ~ ~-Ii.
· ltn~r refere~e tO ~y Y0~ I~0v~t/tO N
~ C, erect 0~te
de~:lrere~ trorO~l~L~ S~vey~
le~os ee~lh-oyf~ NO. 4560
ExHZBZT 'A'
Any provision herein which ~'bstricts the ~ale, renal, m' usa of till
described reap proper~y because of cole or race is invalid and
unenforceabie under federal law.
STATE OF TEXAS COUNTY OF DALLAS
| hereby certify this instn~rnent was filed on the date and time -
hereon by me.
NOV zt 1997
~COUNTY CLERK, Dallas County, Texas