OR 91-500-A-137 Zoning change to PD Open Space, west side of MacArthur & north of Beltline Rd AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. 91500A137
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP
OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY
GRANTING A CHANGE IN ZONING FROM "C" (COMMERCIAL) TO
"PD-OPEN SPACE" (PLANNED DEVELOPMENT, OPEN SPACE) TO
ALLOW A LANDSCAPED COMMON AREA, LOCATED ON THE
PROPERTY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO;
PROVIDING FOR A DEVELOPMENT CONDITION; PROVIDING FOR
THE APPROVAL OF THE PROPERTY COVENANTS AND MUTUAL
INGRESS, EGRESS AND PARKING AGREEMENT, ATTACHED
HERETO AS EXHIBIT "B"; PROVIDING FOR THE APPROVAL OF THE
LANDSCAPE PLAN ATTACHED HERETO AS EXHIBIT "C";
PROVIDING FOR THE APPROVAL OF THE IRRIGATION PLAN
ATTACHED HERETO AS EXHIBIT "D"; PROVIDING A REPEALING
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO
EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR
EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Planning and Zoning Commission and the governing body of the
City of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the
Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by
publication and otherwise, and after holding due hearings and affording a full and fair hearing to all
property owners generally, and to all persons interested and situated in the affected area and in the
vicinity thereof, the said governing body is of the opinion that Zoning Application No. PD-
155(CH) should be approved, and in the exercise of legislative discretion have concluded that the
Comprehensive Zoning Ordinance and Map should be amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell,
Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be
and the same is hereby amended to grant a change in zoning from "C" (Commercial) to "PD-Open
Space" (Planned Development, Open Space) to allow a landscaped common area, located on the
SS239
1
west side of MacArthur Boulevard, approximately 1,350 feet north of Beltline Road, and being
more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes.
SECTION 2. That the property shall be developed and used only in accordance with the
Property Covenants and Mutual Ingress, Egress and Parking Agreement, Exhibit "B"; Landscape
Plan, Exhibit "C"; and Irrigation Plan, Exhibit "D".
SECTION 3. That the Property Covenants and Mutual Ingress, Egress and Parking
Agreement attached hereto as Exhibit "B", Landscape Plan attached hereto as Exhibit "C",
Irrigation Plan attached hereto as Exhibit "D", and made a part hereof for all purposes are hereby
approved.
SECTION 4. That the above property shall be used only in the manner and for the purpose
provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore
amended, and as amended herein.
SECTION 5. That all provisions of the Comprehensive Zoning Ordinance of the City of
Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby,
repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain
in full force and effect.
SECTION 6. That should any sentence, paragraph, subdivision, clause, phrase or section
of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not
affect the validity of this ordinance as a whole, or any part or provision thereof other than the part
so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the
Comprehensive Zoning Ordinance as a whole.
SS239
2
SECTION 7. An offense committed before the effective date of this ordinance is governed
by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect
when the offense was committed and the former law is continued in effect for this purpose.
SECTION 8. That any person, firm or corporation violating any of the provisions or terms
of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning
Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by
a fine not to exceed the stun of Two Thousand Dollars ($2,000.00) for each offense; and each and
every day such violation shall continue shall be deemed to constitute a separate offense.
SECTION 9. That this ordinance shall take effect immediately from and after its passage
and the publication of its caption, as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the /.BZ-Z/ day
of _ ~d~:.~ ~A' , 1996.
APPROVED:
TOM MORTON, MAYOR
ATTEST:
L~ID~ GR~U, CITY SECRETARY
APPROVED AS TO FORM:
PETER G. SMITH, CITY ATTORNEY
(PGS/tt! 7/11/96)
SS239
3
LEGAL DESCRIPTION )
BEING a tract or parcel of land situated in the Singleton Thompson Survey, Abstract
No. 1493, and the S.A. & M. G. R.R. Survey, Abstract No. 1442, in the City of
Coppell, Dallas, County, Texas, and being a portion of that certain 6.6491 acre tract
of land described as Tract 8, in Volume 93248, Page 299 of the Deed Records,
Dallas County, Texas and being more particularly describe by metes and bounds as
follows:
COMMENCING at an 'x' found in brick pavers for the southeast corner of said
6.6491 acre tract, said 'x' being in the west right-of-way of MacArthur Boulevard (a
110 foot right-of-way);
THENCE North 27 degrees 08 minutes 01 seconds East a distance of 121.42 feet
with said west right-of-way to a 1/2 inch iron rod with cap stamped NDM found for
the point of curvature of a tangent curve to the left, having a central angle of 09
degrees 49 minutes 13 seconds, a radius of 765.00 feet, a tangent length of 65.72
feet, and a long chord that bears North 22 degrees 13 minutes 24 seconds East a
distance of 130.96 feet;
THENCE an arc distance of 131.12 feet with said curve and with said west right-of-
way to a 1/2 inch iron rod with cap stamped NDM found for a point along said
tangent curve to the left;
THENCE continuing along an additional segment of said curve to the left, having a
central angle of 15 degrees 17 minutes 47 seconds, a tangent length of 102.73 feet,
and a long chord that bears North 09 degrees 39 minutes 54 seconds East a distance
of 203.63 feet; for an arc distance of 204.23 feet with said curve and with said right-
of-way to a 1/2 iron rod with cap marked NDM found for the POINT OF
BEGINNING of this description;
THENCE North 87 degrees 58 minutes 59 seconds West a distance of 59.79 feet to a
1/2 inch iron rod with cap stamped NDM found for comer;
THENCE an arc distance of 23.75 feet with said curve to a 1/2 inch iron rod with
cap stamped NDM found for a point of curvature of a tangent curve to the right
having a central angle of 27 degrees 12 minutes 40 seconds, a radius of 50.00 feet, a
tangent length of 12.10 feet, and a long chord that bears South 74 degrees 22 minutes
39 seconds West a distance of 23.52 feet;
THENCE North 60 degrees 46 minutes 19 seconds East a distance of 67.12 feet to a
1/2 inch iron rod with cap stamped NDM found for comer;
THENCE North 29 degrees 13 minutes 41 seconds East a distance of 386.73 feet to a
1/2 inch iron rod with cap stamped NDM found for comer in the west right-of-way of
MacArthur Boulevard;
THENCE along the west right-of-way line of MacArthur Boulevard a distance of
242.81 feet to the POINT OF BEGINNING and containing 19,142 square feet or
0.440 acres of land.
OR~'~BN°.
~ ~o~ · ~RO~ERTY CO~ENANT~ AND ~UTUAL
,~.o,~'~ AND EG~SS AG~EMENT
~ ~'~ O7~
STATE OF TE~S ~ 07/17/% X~SSS .7.00
~ Deed
CO~TY OF DALLAS
~s Prope~ Cgv~n~ ~d Mum~ Ingress ~d Egress Agreement (this "A~reement') is
executed ~ of July / ~ ,1996, be~een D~LAS ~A AFFO~ABLE~ARTNERS
IV, LP., a California limited p~ers~p ("D~P'), ~ASON HA~SON
ENTE~SES, ~ O~oma general p~ners~p ("~ason'), GA-TEX, LTD., a Texas limited
p~ership ("Ga-Tex') ~d ZELL THeE INC., a Delaw~e co~oration ("ZelF').
~CIT~S;
A. D~ is ~e o~er of~l of~at cen~ prope~ in D~I~ Co,W, Tex~ designated
E~ibit A a~ached hereto (~e "Prope~');
B. M~on h~ con~cted ~ D~ to acquir~ th~ portion of ~e Prope~ designated
on E~ibit B a2ached hereto (~ "$onic Prope~');
C. Oa-Tex h~ con~acted ~ D~ to acq~e ~e potion of~e Prope~ designated
on E~ibit C a~ached hereto (~e "SpeeDeLube Site");
D. Z~ll h~ con~acted ~ D~ to acquke ~e portion of tho Prope~ designated on
E~ibit D a2ach~d hereto (~ "Zell Site");
E. M~on, Oa-Tex ~d Zell ~1 deske to have mutual ingress ~d egress to the v~ous
p~cels comprising ~ So,c, SpeeDeLube ~d Z~II sites t~ough ~e c~b cuts along Mac~h~
Boulev~d; ~d
F. D~P, M~on, Oa-Tex ~d Zell all desire to develop ~ek sites ~th the s~e
exterior brick fi~sh to ~ek b~ldings, to have co--only designed signage, ~d to co~o~ to a
m~ter l~dscaping pl~, ~d ~1 such p~ies deske to record ~s A~eement ~ a res~cfive coven~t
aga~st ~ Prop~ to provido ~erofor.
AG~E~ENTS;
For v~ble consideration, th~ receipt ~d s~ficiency of w~ch ~ h~r~by ac~owledged,
~e p~ies hereto agree ~ follows:
1. ~um~l In~ress ~nd E~ress. M~on, Ga-Tex ~d Zell, ~d eve~ ~ o~er of
~ respectivo sites, sh~l each haw, ~d ~e horeby grated, sold ~d conveyed, a non-exclusiw
e~ement for ~ess ~d e~ess for ve~c~ ~d pedes~ ~a~c upon ~at po~on of ~e Prope~
1
"s" o OS]3O
designated on the Site Plan attached hereto as Exhibit I~ for ingress and egress driveways (the
"Easement Tract"). Such easement includes the right to the uninterrupted use of such ingress and
egress driveways, free of charge. It is expressly agreed that such easement shall be for the mutual
use and benefit of Mason, Ga-Tex and Zell and each of their respective successors and assigns, and
the respective guests, customers, invitees, licensees, lessees, and employees, or any of them.
2. Construction. Each owner of any portion of the Property (each, a "Property
Owner") shall, at the time that it constructs its building on its respective site, construct the portion
of the mutual ingress and egress driveways shown on its respective site, unless the same has
previously been constructed by DAAP or another Property Owner, in which event such owner shall
reimburse DAAP or such other Property Owner for the cost of constructing the portion of the mutual
ingress and egress driveways on such Property Owner's site at the time that it acquires its portion
of the Property from DAAP. Upon the first of the parties hereto constructing its building on its site,
DAAP shall construct (or pay for the construction of) (a) the portion of the fire lane/common access
easement indicated on Exhibit E, and (b) the landscaping and irrigation system associated therewith
on the "Bonus Landscaping Area" indicated on Exhibit F-2 attached hereto.
3. Maintenance. Each Property Owner shall maintain and keep in good repair its
respective site, including that portion of the Easement Tract located on its respective site, and shall
keep such areas clear and free of all rubbish. No Property Owner shall direct, maintain, place or
leave any obstruction, fence, wall or barricade which would in any way obstruct or hinder the
easement which is the subject hereof; however, Mason, Ga-Tex or Zell may close off any portion
of the Easement Tract as appropriate, but only for such reasonable period of time as may be legally
necessary to prevent the acquisition of prescriptive fights by any other person provided that prior to
the closing of any portion of the Easement Tract, the party responsible for such closing shall give
written notice to the other parties of its intention to do so, and shall coordinate such closing with the
other parties so as to minimize as much as possible unreasonable interference with pedestrian or
vehicular traffic.
4. Bonus Landscape Area. Each Owner shall pay to the owner of the Zell Site, within
30 days after delivery of an invoice therefor, such owner's pro rata share (as set forth on Exhibit I)
of the total costs of owning and maintaining the Bonus Landscape Area (including, without
limitation, all (A) city assessed fees, taxes, insurance, maintenance, repair and replacement costs,
and (B) all costs of enforcing the owner of the Zell Site's rights under this Section 4, including
reasonable attorneys' fees and expenses). If the owner of the Zell Site fails to maintain the Bonus
Landscape Area under the terms of this Section, any other Property Owner may notify the owner of
the Zell Site in writing c~fthe necessity for repairs or maintenance hereunder. If the owner of the Zell
Site shall not remedy the default within thirty (30) days after receipt of such notice, the complaining
party may have such repairs made and the owner of the Zell Site shall be responsible for
reimbursement of such costs incurred by the complaining party therefor without fiarther notice. The
owner of Zell Site may, in its sole and absolute discretion, delegate its rights and obligations under
this Section 4 with respect to the Bonus Landscape Area to any other Property Owner willing to
accept such delegation by notifying all Property Owners hereunder.
F:~'I',ZEL 375~48000'~PC-AGT.4
2
-TB T "V' (2 of 9,..3139
5. Mutual Landscaping Plan. Each Property Owner shall plant the plants and trees
described in the landscaping plan attached hereto as ~ in developing its sites. Each
Property Owner shall keep its grass neatly trimmed and maintain and keep in good repair the
landscaping on its respective site, replacing promptly any dead landscaping material with plants and
trees of substantially similar size, type and quality. In the event of default by any such Property
Owner under the terms of this Section, any other Property Owner may notify the defaulting party in
writing of the necessity for maintenance of its landscaping. If the defaulting party does not remedy
the default within thirty (30) days, the complaining Property Owner may have such landscaping
maintenance or replacement performed and the defaulting party shall be responsible for
reimbursement of such costs incurred by the complaining Property Owner therefor without further
notice.
6. Brick Facade. Each Property Owner shall use the following brick types and colors
in developing its buildings on its respective site: predominate brick - US Brick Patriot Executive
(Mineral Wells Plant); accent brick - US Brick Hillstone (Ogden Plant). Each Property Owner shall
use the red brick identified above as their primary exterior material, with accent banding of white
brick, in substantially the same fashion as the Sonic restaurant rendering set forth on l~xhibit (3
attached hereto. The exterior design of the various buildings to be built on the sites shall be
approved by DAAP in writing prior to the construction of any such buildings, such approval to not
be unreasonably withheld, delayed or conditioned provided that the rendering of the same complies
with the terms of this Section 6.
7. ~Shl:~_ag.~. Each Property Owner shall utilize monument signage that is substantially
similar to the signage pictured on ~ attached hereto. Such monument signage shall be
approved by DAAP in writing prior to the construction of any such monument sign, such approval
to not be unreasonably withheld, delayed or conditioned provided that the rendering of the same
complies with the terms of this Section 7.
8. Default Interest: Lien. If any party fails to pay any amounts due hereunder, interest
shall accrue on such unpaid amount from the date due to the date paid at the lesser of (i) eighteen
percent (18%) per annum or (ii) the highest non-usurious rate permitted by law. The failure of any
party to pay its share of any costs under this Agreement within thirty (30) days after written request
shall entitle the non-defaulting party to place a mechanic's lien on the defaulting party's property
(including, without limitation, the defaulting party's interest in the Easement Tract) securing the
repayment of the amount incurred and thereat~er enforce such mechanic's lien in accordance with
all applicable laws.
9. Insurance. Each Property Owner shall be obligated to take and maintain, at its own
cost and expense, comprehensive general liability insurance in a minimum amount of $2,000,000
combined single limit, which comprehensive general liability policy shall include (a) coverage for
bodily injury and death and property damage, and (b) contractual liability coverage insuring the
obligations of such party under the terms of this Agreement. Upon 15 days prior written request, any
such party shall provide evidence of the existence of such insurance to the requesting Property
Owner.
F:~BT~ZEL37~48000~PC-AGT.4
EXHIBI~ ~'I!" (3 of 21)
10. Indemnity. Subject to Section 11, each Property Owner agrees to indemnify, defend
and hold every other Property Owner and their respective successors, assigns, agents, lessees,
employees, contractors, partners, directors, officers and affiliates (collectively, the "Indemnified
Partie~") harmless from and against any and all claims, suits, penalties, liabilities and expenses
(including, without limitation, attorneys' fees) for any injury to persons (including death) or damage
to property arising out of, resulting from, or in connection with, the negligence or fault of the
indemnifying party and any of its tenants, agents, affiliates, invitees, employees, contractors and
customers, and relating to the Easement Tract, except for such injury, death or damages resulting
from the negligence or fault of the non-indemnifying party.
11. Waiver of Subrogation. Each Property Owner waives any claim it may have against
any such other party hereto for any damage to or theft, destruction, loss (including bodily injury or
death), or loss or use of any property, to the extent the same is insured against (or required to be
insured against hereunder) under any insurance policy maintained by it, regardless of whether the
negligence or fault of the other party_ caused such loss. Each party shall cause its insurance
carrier to endorse all applicable policies waiving the carrier's fights of recovery under subrogation
or otherwise against such other party.
12. No Dedication. The easement granted herein and fights granted herein are not
intended and shall not be construed as a gif~ or dedication of any of the Easement Tract, or the rights
granted herein to the general public or for the general public or for any public use or purpose
whatsoever, and the parties agree to refrain from and take whatever steps may be necessary to avoid
such dedication.
13. Duration of Easement Periods. Except as otherwise provided herein, the
obligations and easement rights referred to herein shall continue in full force and effect unless
terminate.d by instrument signed by all Property Owners and recorded in the Real Property Records
of Dallas County, Texas.
14. Covenants Running with the Land. All fights and obligations arising hereunder
are covenants running with the land, binding upon and inuring to the benefit of the respective parties
and their respective successors in title.
15. Notices. Any notice required or permitted to be given under or in connection with
this Agreement shall be in writing and shall be mailed by fLrst class or express mail, postage prepaid,
or sent by telecopy (followed by written confirmation in accordance with this Section 15) to the
addresses set forth under the signatures of the parties hereto. Any communications so addressed and
delivered shall be deemed given when delivered to the address of the intended addressee. Any party
may change its address by delivering written notice thereof as provided in this Section 15.
16. Governing Law and Venue. The laws of the State of Texas shall govern this
Agreement. Any legal actions instituted hereunder shall be brought in Dallas County, Texas.
17. Amendment. Except as otherwise specifically set forth herein, neither this
Agreement nor any provision may be waived, modified, amended, discharged or terminated except
F:kBT~ZEL375~48000~-AGT.4
.4
xBxT "B" (4 of 96139 03[ 12
by an immanent in writing signed by all of the Property Owners and recorded in the Real Property
Records of Dallas County, Texas. No consent to the amendment, modification or termination of any
provision of this Agreement shall ever be required of any invitee, licensee or tenant of any Property
Owner or their respective successors and assigns.
18. No Third Party_ Beneficiaries. This Agreement is solely for the benefit of the parties
expressly set forth herein and no third party may rely or be entitled to any benefits hereunder.
19. Entire Agreement. This Agreement contains the entire agreement between the
parties hereto with respect to the subject matter. If any provisions of this Agreement is held to be
illegal, invalid or unenforceable under present or future laws, such provision shall be fully severable;
this Agreement shall be construed and in force as if such illegal, invalid or unenforceable provision
had never comprised a part of this Agreement; and the remaining provisions of this Agreement shall
remain in full force and effect and shall not be effected by such illegal, invalid or unenforceable
provision or by severance fi.om this Agreement.
20. Counterparts. This Agreement may be executed in multiple counterparts, each of
which shall constitute an original, but all of which shall constitute one document.
Executed as of the date first above written.
F:'~B'ISZEL~375X48000~PC-AGT.4
5
I~'ltlBIT "B" (5 of 21~ I 39 03[[ I 3
DALLAS AREA AFFORDABLE PARTNERS IV, L.P.,
a California limited partnership
By: CED Capital Holdings III, Ltd., a Florida limited
partnership, its General Partner
By: CED COnstruction, Inc., a Florida corporation,
its G~eneral _~,.. ner
Title:
Address: 8445 Freeport Parkway, Suite 650
Irving, Texas 75063
Telephone: 214-929-7127
Telecopy: 214-929-7127
THE STATE OF.'7~:;''/~ §
COUNTY OF .~,'~zz..~-_-~ §
~ ~s ~em,~ ~ac~owledged before me on July /~ ., 1996, by
/O~,~r ~'/.g/K~-',f~' ,~ J-R~,~ ~w ~ of CED Const~ction, Ino., a Flo~da co~oration
and the general p~er of CED Capital Holdings III, Ltd., a Florida limited pmnersNp ~d the
general pruner of D~LAS ~A ~FO~LE P~ERS IV, L.P., a Califo~a limited
p~ersNp, on behalf of such co~oration ~d limited pmnersNps.
No~ Publio, State of ~~x
F:~B"I~ZEL37~4 $000'~C-AGT.4
6
96139
EXgIBIT "B': (6 of 21)
MASON HARRISON JARRARD
ENTE~RISES, an Oklahoma general partnership
Address: 11104 NW 122nd Street
Oklahoma City, Oklahoma 73162
Telephone: 405-722-9390
Telecopy: 405-720-9113
THE STATE OF ~~ §
COUNTY OF ~
This instrument was acknowledged before me on July /~ ,1996, by Gary Jarrard, a
general partner of MASON HARRISON JARRARD ENTERPRISES, an Oklahoma general
partnership, on behalf of said partnership.
(9//o/c/7 ' Xotar~ Public, State orc~ 0£ ctiz/,':~'r~,q
F:~B'IXZEL37~48000~C.AGT.4
7
~mT "R" (7 of 2,) 9 6 13 9 0 3 L~ I 5
GA-TEX, LTD., a Texas limited partnership
By: CMW, Inc., a Texas corporation, its General
Partner
By: ~ President
Address: 15317 Midway Road
Dallas, Texas 75244-2112
Telephone: 214-661-1204
Telecopy: 214-661-1210
THE STATE OF TEXAS §
COUNTY OF A(<;~.~--~ §
This instrument was acknowledged before me on July ?c~ ,1996, by Ronnie L. Wilson,
President of CMW, Inc., a Texas corporation, the General Panner of Ga-Tex, Ltd., a Texas limited
parmership, on behalf of said corporation and limited partnership.
Notary I~lic, State of Texas u
....":~;.;:~::~;;', MARJORIE A. WALDVOGEL [
~ ~/-x:-~:~-:-"~ ,/ Notary Public S~.te of Texa.~
~. ":5~;-~';~-,.q.'~ NOV,1,7,199717, 1997
F:~BT~ZEL37~48000~3-AGT.4
8
IrXlqlBI'r "B" (8 of 21) 9 6 i 3 9. 0 3 [4 I $
ZELL THREE INC., a Del.~g~oration
~-'~mhael Y. Canno , '
Address: 9400 S. Dadeland Boulevard
Penthouse 1
Miami, Florida 33156-2817
Telephone: 305-670-0001
Telecopy: 305-670-2180
THE STATE OF FLORIDA §
COUNTY OF DADE §
This instrument was acknowledged before me on July V , 1996, by Michael Y.
Cannon, President of Zell Three Inc., a Delaware, corporation, on behalf of such corporation.
Notary Public, State bf Florida
I~-~? ~1~:~4,2000
F:~B T~ZEL375548000~PC-AGT.3
9 96139 03h. I 7
EXHIBIT "B" (9 of 21)
EXHIBITS TO PROPERTY COVENANTS AND MUTUAL INGRESS, EGRESS
AND PARKING AGREEMENT
Exhibit A - Description of Entire tract (all 16 acres)
Exhibit B - Description of Sonic Property
Exhibit C - Description of SpeeDeLube Property
Exhibit D - Description of Zell Property
Exhibit E - Site Plan
Exhibit F-I - Landscaping Plan
Exhibit F-2 - Description of Bonus Landscaping Area
Exhibit G - Sonic Rendering
Exh/bit H - Monument Signage
Exhibit I - Pro Rata Share of Cost and Maintenance of Landscape Area
F:~B'I~TEL37~48000~PC-AGT.4
10
~.~'~'.r "~" (~o o~: 2~) 9 6 i 3 9 0 3 q. I 8
EXHIBIT A
Entire Tract Descriptioa
DESCRIPTION
Being o tract or parcel of land situated in the Singleton
Thompson Survey, Abstract Number 1493, and the S.A. & M.G.
Survey, Abstract Number 1442, end the J.C. Cook Survey. Abstract
Number :315, in the City of Coppell, Dallas County, Texas, end
being a portion of that certain tract of land conveyed to Terra
Corporate Joint Venture, a recorded in Volume 85072, Page 4¢54,
, Deed Records. Dallas County, Texas, and being a portion of
Riyerchose Drive, os recorded in Volume 86090, Page 5507, of said
Deed Records, and being more particularly described as follows;
BEGINNING o[ a 1/'2." iron rod found for the intersection of the
west right-of-way of MacArthur Boulevard (a tO0' right-of-way),
with the north right-of-way of a 100 foot St. Louis &
Southwestern Railroad righf.-of-way;
THENCE N 86':21'18" W, 709.4-4. feet with the nor'~h line of
said to a St. Louis & Southwestern Railroad right-of-way to o
1/2" iron rod found in the east right-of-way line of o 1.30 foot
Dallas Power ~. light Company right-of-way os recorded in Volume
4594, P~ge 302, of the aforementioned Oeed Records, For comer;
THENCE N 29'13'41" E, 18,34.21 feet with said east right-of-
way line to a 1/2"'iron rod found in.the aforementioned west
right--of-way of MocArthur Boulevard, for the point of curvature
of a non-tangent curve to the right, having o central angle of
61'20'08"; a radius of 765.00 feet, o tangent length of 4-53.64
feet, and a ~ong chord that bears S 05'32'03" E. 780.59 feet;
THENCE an arc distance of 818.94- feet with said curve and said
wes[ right-of-way to o 1/2" iron rod found for corner;
THENCE S 27'08'01" W, ;305.45 feet with said west right-of-
way to a 1/'2" iran rod found I'or the point of curvo~(ure of a
tangent curve to the left, having (3 central angle of 27'05',~3",
a radius of.875.00 feet, o tangent length of 210.86 feet, and a
long chord that bears S 13'35'0¢" W, 409.98 feet;
THENCE an arc dlstgnce of 413.8.3 feet with said curve and with
said west right-of-way to a 1/2" iron rod found for corner;
THENCE $ 00'02'08" W, lg6.55 feet with said west right-of-
way to the POINT OF BEGINNING and containing 16..335 Acres,
(711,5.35 S.F.) of land, more or less.
"B" (n of 9 $ i 3 9 0 3 b, I 9
Sonic Property_ Description
Being a tract or parcel of land situated in the Singleton Thompson Survey,
Abstract Number 1493, in the City of Coppell, Dallas County, Texas, and being a
portion of that certain 6.6491 acre tract of land described as Tract 8, in
Volume 93248, Page 299, Deed Records, Dallas County, Texas, and being a portion
of the abandoned right-of-way of Riverchase Drive (a 60' right-of-way), as
abandoned by City of Coppell Ordinance 95730, recorded in Volume 96006, Page
2843, Deed Records of Dallas County, Texas and being more particularly
described as follows:
BEGINNING at a "X" set in concrete, said "X" being in the west right-of-way of
MacArthur Boulevard (a 60' right-of-way), said "X" being S 27 degrees 08
minutes 01 second W, 30.06 feet with said west right-of-way from a "X" found in
paver bricks for the southeast corner a said 6.6491 acre tract, for the Point
of Beginning, said "X" being the point of curvature of a curve to the left,
having a central angle of 34 degrees 21 minutes 11 seconds, a radius of 424.97
feet, a tangent length of 131.36 feet, and a long chord that bears N 82 degrees
41 minutes 51 seconds W, 251.00 feet;
THENCE an arc distance of 254.80 feet with said curve to a 1/2" iron rod set
with cap stamped NDM;
THENCE N 29 degrees 13 minutes 41 seconds E, 243.62 feet to a 1/2" iron rod set
with cap stamped NDM;
THENCE S 60 degrees 46 minutes 19 seconds E, 227.37 feet to a 1/2" iron rod set
with cap stamped NDM in the aforementioned west right-of-way of MacArthur
Boulevard;
THENCE S 27 degrees 08 minutes 01 second W, 150.00. feet with said west
right-of-way to the POINT OF BEGINNING and containing 0.9692 Acres, (42,219
S.F.) of land, more or less.
SpeeDeLube Property Description
THENCE ~ 29 d{~ee, 13 m~n~es 41 {*conds E, 131.46 {ae~ ~o ~ 1/2" iron rod
~I{~CE S 60 ~e~ees ~6 lainu~es ~0 secon~ E, 211.3~ fe~ CO ~ 1/~' t~on ro~ sec
96139 03[~2 I
F.~IT "B" (~3 of 2~)
EXHIBIT D
Z¢ll property_
TRACT I:
BEING a tract or parcel of land situated in the Singleton Thompson Survey,
Abstract Number 1493, and the S.A. & M.G.R.R. Survey, Abstract Number 1442, in
the City of Coppell, Dallas County, Texas, and being a portion of that certain
6.6491 acre tract of land described as Tract 8, in Volume 93248, Page 299, Deed
Records, Dallas County, Texas, and being more particularly described as follows;
COMMENCING at an "X" found in brick pavers for the Southeast corner of said
6.6491 acre tract, said "X" being in the West right-of-way of MacArthur
Boulevard (a 110 foot right-of-way);
THENCE North 27 degrees 08 minutes 01 seconds East, 121.42 feet with said West
right-of-way to a 1/2" iron rod found for the point of curvature of a tangent
curve to the left, having a central angle of 09 degrees 49 minutes 13 seconds,
a radius of 765.00 feet, a tangent length of 65.72 feet, and a long chord that
bears North 22 degrees 13 minutes 24 seconds East, 130.96 feet;
THENCE an arc distance of 131.12 feet with said curve and with said West
right-of-way to a 1/2" iron rod set with cap stamped NDM for the POINT OF
BEGINNING;
THENCE North 60 degrees 46 minutes 20 seconds West, 211.34 feet to a 1/2" iron
rod set with cap stamped NDM;
THENCE North 29 degrees 13 minutes 41 seconds East, 159.00 feet to a 1/2" iron
rod set with cap stamped NDM:
THENCE South 60 degrees 46 minutes 19 seconds East, 67.12 feet to a 1/2" iron
rod set with cap stamped NDM for the point of curvature of a tangent curve to
the left, having a central angle of 27 degrees 12 minutes 40 seconds, a radius
of 50.00 feet, a tangent length of 12.10 feet, and a long chord that bears
South 74 degrees 22 minutes 39 seconds East, 23.52 feet;
THENCE an arc distance of 23.75 feet with said curve to a 1/2" iron rod set
with cap stamped NDM~
THENCE South 87 degrees 58 minutes 59 seconds East, 59.79 feet to a 1/2" iron
rod found with cap stamped NDM in the aforementioned West right-of-way of
MacArthur Boulevard for the point of curvature of a non-tangent curve to the
right, having a central angle of 15 degrees 17 minutes 47 seconds, a radius of
765.00 feet, a tangent length of 102.73 feet, and a long chord that bears South
09 degrees 39 minutes 54 seconds West, 203.63 feet;
THENCE an arc distance of 204.23 feet with said curve and with said West
right-of-way to the POINT OF BEGINNING and containing 0.718 acres, (31,291
S.F.) of land.
Landscaping Plan
Down to Earth, Inc. ~Iaster Plan dated February 20, 1996.
Bonus Landscaping Area Description
TRACT II:
Being a tract of land situated in the Singleton Thompson Survey, Abstract
Number 1493, and the S.A. & M.G.R.R. Survey, Abstract Number 1442, in the City
of Coppell, Dallas County, Texas, and being a portion of that certain 6.6491
acre tract of land described in Volume 93248, Page 299, Deed Records, Dallas
County, Texas, and being more particularly described as follows:
COMMENCING at a 1/2" iron rod found for the north corner of said 6.6491 acre
tract, said iron rod also being in the southwest right-of-way of MacArthur
Boulevard (a 110' R.O.W.), said iron rod also being the point of curvature of a
curve to the right, having a central angle of 18 degrees O1 minute 59 seconds,
a radius of 765.00 feet, a tangent length of 121.39 feet, and a long chord that
bears S 25 degrees 11 minutes 07 seconds E, 239.76 feet;
THENCE 240.77 feet with said curve and said southwest right-of-way to a 1/2"
iron rod found with cap stamped NDM for the POINT OF BEGINNING, said iron rod
also being the point of curvature of a curve to the right, having a central
angle of 18 degrees 11 minutes 08 seconds, a radius of 765.00 feet, a tangent
length of 122.43 feet, and a long chord that bears S 07 degrees 04 minutes 34
seconds E, 241.79 feet;
THENCE an arc distance of 242.81 feet with said curve and with said southwest
right-of-way to a 1/2" iron rod found with cap stamped NDM;
THENCE N 87 degrees 58 minutes 59 seconds W, 59.79 feet to a 1/2" iron rod
found with cap stamped NDM for the point of curvature of a tangent curve to the
right, having a central angle of 27 degrees 12 minutes 40 seconds, a radius of
50.00 feet, a tangent length of 12.10 feet, and a long chord that bears N 74
degrees 22 minutes 39 seconds W, 23.52 feet;
THENCE an arc distance of 23.75 feet with said curve to a 1/2" iron rod found
with cap stamped NDM;
THENCE N 60 degrees 46 minutes 19 seconds W, 67.12 feet to a 1/2" iron rod
found with cap stamped NDM;
THENCE N 29 degrees 13 minutes 41 seconds E, 227.73 feet to the POINT OF
BEGINNING and containing 0.439 Acre, (19,143 S.F.) of land, more or less.
EXHIBIT G
___ Sonic Rendering ~ '
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EXHIBIT H
Pro Rata Share of Cost and Maintenance of Landscape Area
Sonic Property: 33.333%
SpeeDeLube Site: 33.333%
Zell Site: 33.333%
REltJRN TO:
REINJ~I~ TITLE OF TE~$, lNG.
F:~B'[XZEL375~4800~C-AOT.4 ~0 ~ COLfF~ SUITE 100
I- 1 D~I.I.~, TE~$1,5201
F3P~IBIT "S" ~6~f~9 03~28
· -.--- .----- ~glIBIT "B" (21 of 21)