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OR 91500-A-716 Conoboy Addition (Pence)AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 91500-A-716 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 PD -206-H (PLANNED DEVELOPMENT 206 — HISTORIC) TO PD -206R -H (PLANNED DEVELOPMENT 206 REVISED — HISTORIC) TO ALLOW THE DEMOLITION OF THE EXISTING RESIDENCE AND CONSTRUCTION OF A 3,345 -SQUARE FOOT RESIDENCE ON LOT 1R AND AN 1,877 -SQUARE FOOT OFFICE ON LOT 2R ON 14,790 SQUARE FEET OF LAND LOCATED AT 717 S. COPPELL ROAD, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF THE SITE PLAN, LANDSCAPE PLAN, TREE SURVEY, BUILDING ELEVATIONS, RENDERING, PRIVATE CROSS ACCESS EASEMENT AND PRIVATE USE, ENJOYMENT AND MAINTENANCE EASEMENT ATTACHED HERETO AS EXHIBITS `B", "C", "D", "E", "F", "G" AND "H" RESPECTIVELY; PROVIDING DEVELOPMENT REGULATIONS; 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 -206R -H 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 PD -206-H (Planned Development 1 TM 92820 206 — Historic) to PD -206R -H (Planned Development 206 Revised — Historic) to allow the demolition of the existing residence and construction of a 3,345 -square foot residence on Lot 1R and an 1,877 - square foot office on Lot 2R on 14,790 square feet of land located at 717 S. Coppell Road and being more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes, subject to the development regulations. SECTION 2. That PD -206R -H is hereby approved subject to the following development regulations: A) A cross access and use easement for private use, enjoyment and maintenance on Lot 2R for the use and benefit of subsequent owners of Lot 1R in a form substantially compliant with Exhibits "G" and "H", attached hereto and incorporated herein as if set forth in full shall be executed upon conveyance to subsequent owners that the requirements set forth herein shall be noted on the Replat. B) A Replat of the Lots 1R and 2R indicating all required easements shall be filed with Dallas County prior to obtaining building permits. C) Detailed engineering review will be required at time of full engineering plan submittal. D) A tree removal permit in accordance with the tree mitigation plan is required prior to the removal of any trees. E) Signage on the professional office on Lot 2R shall be in accordance with Section 12- 28A-7, Signage Requirements of the Historic District of the Zoning Ordinance. F) Submission of a letter from Texas Department of Licensing Regulation stating compliance with the handicap accessibility standards shall be required prior to obtaining a building permit for Lot 2R. 2 TM 92820 SECTION 3. That Site Plan, Landscape Plan, Tree Survey, Building Elevations, Rendering, Private Cross Access Easement and Private Use, Enjoyment and Maintenance Easement attached hereto as exhibits "B", "C", "D", "E", "F", "G" and "H" 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 the development of the property herein shall be in accordance with building regulations, zoning ordinances, and any applicable ordinances except as may be specifically altered or amended herein. SECTION 6. That all provisions of the Ordinances 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 7. 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. SECTION 8. 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 9. 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 3 TM 92820 a fine not to exceed the sum 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 10. 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 14 ._day of TO CITY ATTORNEY ATTEST: A H R&ISPETTINOS, CITY ECRETARY 4 TM 92820 LEGAL DESCRIPTION BEGINNING AT A 5/8 INCH IRON ROD FOUND IN THE NORTH RIGHT-OF-WAY LINE OF HOUSTON STREET (A 63' RIGHT-OF-WAY AT THAT POINT), ALSO BEING THE SOUTHEAST CORNER OF LOT 4R, BLOCK C OF THE REPLAT OF LOT 1, BLOCK A; LOT 1, BLOCK B; LOT 1, BLOCK C; LOT 1, BLOCK D AND LOT 1 AND 2, BLOCK E, OLD TOWN ADDITION, AN ADDITION TO THE CITY OF COPPELL ACCORDING TO THE PLAT THEREOF AS RECORDED BY INSTRUMENT No. 201200173120, OFFICIAL PUBLIC RECORDS, DALLAS COUNTY, TEXAS; THENCE, N00°00'00"E, DEPARTING THE NORTH RIGHT-OF-WAY LINE OF SAID HOUSTON STREET, ALONG THE EAST LINE OF SAID LOT 4R, BLOCK C, A DISTANCE OF 102.00 FEET TO A 1/2 INCH IRON SET FROM WHICH A 1/2 INCH IRON FOUND WITH YELLOWCAP BEARS N00°00'00"E, A DISTANCE OF 0.83 FEET FOR REFERENCE;THENCE, S90100'00"E, A DISTANCE OF 139.00 FEET TO AN IRON ROD SET FOR CORNER, IN THE WEST LINE OF A 6 FOOT RIGHT-OF-WAY DEDICATION TO THE CITY OF COPPELL FOR THE FUTURE WEST LINE OF SOUTH COPPELL ROAD, (A VARIABLE WIDTH RIGHT-OF-WAY) AND CONTINUING 6 FEET TO THE CORNER OF LOT 1, BLOCK A OF THE SAID CONOBOY ADDITION; THENCE S00°00'00"W, ALONG THE FORMER WEST LINE OF SAID SOUTH COPPELL ROAD, A DISTANCE OF 102.00 FEET TO THE SOUTHEAST CORNER OF THE SAID LOT 1, BLOCK A OF THE CONOBOY ADDITION; THENCE, N90°00'00"W, DEPARTING THE FORMER WEST RIGHT-OF-WAY LINE OF SAID SOUTH COPPELL ROAD, A DISTANCE OF 6 FEET TO A 1/2 INCH IRON ROD SET FOR CORNER IN THE DEDICATED FUTURE WEST RIGHT-OF-WAY LINE OF SAID SOUTH COPPELL ROAD ALSO BEING IN THE NORTH RIGHT-OF-WAY LINE OF SAID HOUSTON STREET, CONTINUING ALONG THE NORTH RIGHT-OF-WAY LINE OF SAID HOUSTON STREET, A TOTAL DISTANCE OF 145.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 14,790 SQUARE FEET OR 0.340 ACRES OF LAND. EXHIBIT "A" Extn'�INv �pix..7upt pto'-5#'wl�c £T I} LI� I^ tcpl tLL �4T I x. 797 +� z^Nst LlvHt INeuG�-IaL 1 S i azioo 's$'x O j __IczeeN NouYE�7°1Ey \ - '' ""4 slog -(^ao-s sTb.t Q 1 x 6 i / -� I fz' �W>rf Y•psl.PC �' �e 1 W iia s I3s — TI I ice® I ' n I 1 i � I� � •\ I I •�/ 1- 1 i FI 9` El �l•r� ISI - r $ F\I �=�L I � VA L4 f C 1 IbCWaIJC ill ii .\ -- so��l, 14 - i I r i (f 9 gp pp i 2 i tt •Ih ��R €SEE;fid �. �"yp e�� Te3R$b 5m13 h O � Fil N .h x^33 °[��f0 �'� �A�1t5{'{••� o�� sFEE1'a � IRk3 2a '3 f7 a gsm� ; e0 k0 .33 $c R£ a 5,2 So �r.� e� G tf Orp @e'C �ssgCBF los' tttt'oK A=v �.��.a�;�a�a��a��aZP9 r RRA B3` sa c a o, Exhibit 11CII - 1 The Pence 717 SOUTH COPPELL ROAD DAVIDR. ANDREW- LANDSCAPEARCID7ECE iN w N r g LOT 1R, LOT 2R BLOCK A 2607 WARREN CIRCLE r] p Np N N V ? p Residence C7 OffZCe, `CONOBOYADDITION (PENCE) IRVING, TEXAS 75062 9n-659_1837 COPPELL, TEXAS 75019 '""' �s6g1o6u6 on X aY°� s°sEl f�?9Ras P w�'g'�5�y s'=3gg9� gQ$Sq�£od4yt ' spy2Wesgg "pog�Sgz h g'a g e P a $ h P V. - la ^ s ? rq m„ioff 3€ a= i Fa ,” Fs 4p9 gg , H € ti 92 Rf H. r14 e 2 y p p;np—'>S*AStm S 1 EN ° a 2 MOM �4� Exhibit "C" r Oo' Nz a L DI The Pence Residence & Office L --- 5= 17 SOUTH COPPELL ROIA 717 LOT 1R, LOT 2R BLOC2607 CONOBOY ADDITION (PEN 2 D COPPELL, TEXAS 2501.9 a ° 9 3 63> a I" r Oo' Nz a L DI The Pence Residence & Office L --- _ AP DAVIDRANDREW IA WARREN CIRCLE DRYING., 7EXA5 75062 972-659-1837 a a a R �6�msoLoom 17 SOUTH COPPELL ROIA 717 LOT 1R, LOT 2R BLOC2607 CONOBOY ADDITION (PEN D COPPELL, TEXAS 2501.9 N o i yOAO aSS °eyt yy QQ '1 6 N N at bNS 9p�NS b,a•O H b� p�p.•� O OZP a�ixrm bm -� B x ° o � 22 dalid •NORTH • . 102.00' PLAT _n_ J 0: D M cnl / rA Q E c 9=0 p K DbZ off'- i ao� ro Co y D • . BRICK, ao ~ y •• '� STONE 8 FRAME BUILDING - u.a D 30' 'y igozuiV ,o ctu awJ' SOUTH 102.00' PLAT - COPPELL ROAD (VARIABLE WIDTH RIGHT -01F -WAY) muxs pu a 8 n"" $1!$ 1 a N RUN "449SRP Offim R2$" w a � € § Ns s ��gR �`�'o ao �� _�� "£ " Ria s Rg aP � £ 4 £m 01, $9 ism ^€ _ gRR gg�=sg SIM Ig ;, mil Am a" ! Immoa gm �i Awl H WIN DS - .SSS M,rrr �Z sp eczp'F c. :.a y^G oo „ °a..^ °+C y o; W." zyg a�22 �s>;'"cs^ q ��S e■ 3san rE h7 ,°° is 93969999 .25� .]'� '.1 z Q s is as 8 a Exhibit "D" p N .. 717 SOUTH COPPELL ROAD r ' The Pence LOT 1R, LOT 2R BLOCK A O z W Residence Office CONOBOY ADDITION (PENCE) P COPPELL, TEXAS 75019 DAVID R. ANDREW- LANDSCAPEARCRTTECT 2607 WARREN CIRCLE IRVING, TEXAS 75062 972-659-2337 d.aad,e ,bcgiobal— 0 `� m r 0 :3 co w w Co rn Ln C7 O -0D m r m � � 0 C _ 00 -O -0 m r �o OD � n O Z Z m n m O cn m cn O C =J C-) m C7 O a C) z m m m C) m m Exhibit "F" H � .liTill 3 C) G �9 9b� F -! 4 r p C7 m >r Y o Caj T+en m p m N -p. m m a O 00 K C,n r c a m o � D �o Sa m co m C)oy a Cn o z Z c a m 3 Y n E3 n < O Cf) ! Z Pence Residence -Office si NIXON - +'/I�/ 717G.1=hQTNHRdSwll.—.Sr f C usM." lIC7ME.S� LIMES ` s laic IR 1R RIuckA 5930 ROYALL NE l• C n'AdJiuon VALLAS. TX. 75230 1 \� Addi � 214.373.8800 rttsT A w.'Iws 1 �' G �9 9b� F 4 r Y Pence Residence -Office si NIXON - +'/I�/ 717G.1=hQTNHRdSwll.—.Sr f C usM." lIC7ME.S� LIMES ` s laic IR 1R RIuckA 5930 ROYALL NE l• C n'AdJiuon VALLAS. TX. 75230 1 \� Addi � 214.373.8800 rttsT A w.'Iws 1 �' PRIVATE MUTUAL ACCESS EASEMENT AGREEMENT Date: October , 2017 Grantor: JET Financial Group, LLC, a Texas limited liability company Grantor's Mailing Address: 446 Houston Street, Coppell, Dallas County, Texas 75019 Grantee: JET Financial Group, LLC, a Texas limited liability company Grantee's Mailing Address: 717 South Coppell Street, Coppell, Dallas County, Texas 75019 Dominant Estate Property: A tract of land situated in the City of Coppell, Dallas County, Texas out of the J. A. Survey, Abstract No. 1296 and being all of Lot 1R, Block A, of the Conoboy Addition Replat, an addition to the City of Coppell according to the replat thereof as recorded of even date herewith in the Official Public Records, Dallas County, Texas. Easement Property: Being 504 square feet out of Lot 2R, Block A, of the Conoboy Addition Replat, J. A. Simmons Survey, Abstract No. 1296, City of Coppell, Dallas County, Texas, as depicted on the replat thereof as recorded of even date herewith in the Official Public Records, Dallas County, Texas. Easement Purpose: For providing free and uninterrupted pedestrian and vehicular ingress to and egress from the Dominant Estate Property, to and from a fifteen foot alley right-of-way. Consideration: Good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by Grantor. Reservations from Conveyance: None. Exceptions to Warranty: None. Grant of Easement: Grantor, for the Consideration and subject to the Reservations from Conveyance and Exceptions to Warranty, grants, sells, and conveys to Grantee and Grantee's heirs, successors, and assigns an easement over, on, and across the Easement Property for the Easement Purpose and for the benefit of the Dominant Estate Property, together with all and singular the rights and appurtenances thereto in any way belonging (collectively, the "Easement"), to have and to hold the Easement to Grantee and Grantee's heirs, successors, and assigns forever. Grantor binds Grantor and Grantor's heirs, successors, and assigns to warrant and forever defend the title to the Easement in Grantee and Grantee's heirs, successors, and assigns against every person whomsoever lawfully claiming or to claim the Easement or any part thereof, except as to the Reservations from Conveyance and Exceptions to Warranty. Terms and Conditions: The following terms and conditions apply to the Easement granted by this agreement: EXHIBIT "G" (1 of 6) 1. Character of Easement. The Easement is appurtenant to and runs with all or any portion of the Dominant Estate Property, whether or not the Easement is referenced or described in any conveyance of all or such portion of the Dominant Estate Property. The Easement is nonexclusive and irrevocable. The Easement is for the benefit of Grantee and Grantee's heirs, successors, and assigns who at any time own the Dominant Estate Property or any interest in the Dominant Estate Property (as applicable, the "Holder"). 2. Duration of Easement. The duration of the Easement is perpetual. 3. Reservation of Rights. Grantor reserves for Grantor and Grantor's heirs, successors, and assigns the right to continue to use and enjoy the surface of the Easement Property for all purposes that do not interfere with or interrupt the use or enjoyment of the Easement by Holder for the Easement Purposes. Grantor reserves for Grantor and Grantor's heirs, successors, and assigns the right to use all or part of the Easement in conjunction with Holder and the right to convey to others the right to use all or part of the Easement in conjunction with Holder, as long as such further conveyance is subject to the terms of this agreement and the other users agree to bear a proportionate part of the costs of improving and maintaining the Easement. 4. Secondary Easement. Holder has the right (the "Secondary Easement") to use as much of the surface of the property that is adjacent to the Easement Property ("Adjacent Property") as may be reasonably necessary to install and maintain a road reasonably suited for the Easement Purpose within the Easement Property. However, Holder must promptly restore the Adjacent Property to its previous physical condition if changed by use of the rights granted by this Secondary Easement. 5. Improvement and Maintenance of Easement Property. Improvement and maintenance of the Easement Property will be at the sole expense of Holder. Holder has the right to eliminate any encroachments into the Easement Property. Holder must maintain the Easement Property in a neat and clean condition. Holder has the right to construct, install, maintain, replace, and remove a road with all culverts, bridges, drainage ditches, sewer facilities, and similar or related utilities and facilities under or across any portion of the Easement Property (collectively, the "Road Improvements"). All matters concerning the configuration, construction, installation, maintenance, replacement, and removal of the Road Improvements are at Holder's sole discretion, subject to performance of Holder's obligations under this agreement. Holder has the right to remove or relocate any fences within the Easement Property or along or near its boundary lines if reasonably necessary to construct, install, maintain, replace, or remove the Road Improvements or for the road to continue onto other lands or easements owned by Holder and adjacent to the Easement Property, subject to replacement of the fences to their original condition on the completion of the work. On written request by Holder, the owners of the Easement Property will execute or join in the execution of easements for sewer, drainage, or utility facilities under or across the Easement Property. 6. Equitable Rights of Enforcement. This Easement may be enforced by restraining orders and injunctions (temporary or permanent) prohibiting interference and commanding compliance. Restraining orders and injunctions will be obtainable on proof of the existence of EXHIBIT "G" (2 of 6) interference or threatened interference, without the necessity of proof of inadequacy of legal remedies or irreparable harm, and will be obtainable only by the parties to or those benefited by this agreement; provided, however, that the act of obtaining an injunction or restraining order will not be deemed to be an election of remedies or a waiver of any other rights or remedies available at law or in equity. 7. Attorney's Fees. If any party retains an attorney to enforce this agreement, the party prevailing in litigation is entitled to recover reasonable attorney's fees and court and other costs. 8. Binding Effect. This agreement binds and inures to the benefit of the parties and their respective heirs, successors, and permitted assigns. 9. Choice of Law. This agreement will be construed under the laws of the state of Texas, without regard to choice -of -law rules of any jurisdiction. Venue is in the county or counties in which the Easement Property is located. 10. Counterparts. This agreement may be executed in any number of counterparts with the same effect as if all signatory parties had signed the same document. All counterparts will be construed together and will constitute one and the same instrument. 11. Waiver of Default. It is not a waiver of or consent to default if the nondefaulting party fails to declare immediately a default or delays in taking any action. Pursuit of any remedies set forth in this agreement does not preclude pursuit of other remedies in this agreement or provided by law. 12. Further Assurances. Each signatory party agrees to execute and deliver any additional documents and instruments and to perform any additional acts necessary or appropriate to perform the terms, provisions, and conditions of this agreement and all transactions contemplated by this agreement. 13. Indemnity. Each party agrees to indemnify, defend, and hold harmless the other party from any loss, attorney's fees, expenses, or claims attributable to breach or default of any provision of this agreement by the indemnifying party. 14. Integration. This agreement contains the complete agreement of the parties and cannot be varied except by written agreement of the parties. The parties agree that there are no oral agreements, representations, or warranties that are not expressly set forth in this agreement. 15. Legal Construction. If any provision in this agreement is for any reason unenforceable, to the extent the unenforceability does not destroy the basis of the bargain among the parties, the unenforceability will not affect any other provision hereof, and this agreement will be construed as if the unenforceable provision had never been a part of the agreement. Whenever context requires, the singular will include the plural and neuter include the masculine or feminine gender, and vice versa. Article and section headings in this agreement are for reference only and are not intended to restrict or define the text of any section. This agreement EXHIBIT "G" (3 of 6) will not be construed more or less favorably between the parties by reason of authorship or origin of language. 16. Notices. Any notice required or permitted under this agreement must be in writing. Any notice required by this agreement will be deemed to be delivered (whether actually received or not) when deposited with the United States Postal Service, postage prepaid, certified mail, return receipt requested, and addressed to the intended recipient at the address shown in this agreement. Notice may also be given by regular mail, personal delivery, courier delivery, facsimile transmission, or other commercially reasonable means and will be effective when actually received. Any address for notice may be changed by written notice delivered as provided herein. 17. Recitals. Any recitals in this agreement are represented by the parties to be accurate, and constitute a part of the substantive agreement. 18. Time. Time is of the essence. Unless otherwise specified, all references to "days" mean calendar days. Business days exclude Saturdays, Sundays, and legal public holidays. If the date for performance of any obligation falls on a Saturday, Sunday, or legal public holiday, the date for performance will be the next following regular business day. GRANTOR JET Financial Group, LLC, a Texas limited liability company By: Lynne Marie Pence, President GRANTEE JET Financial Group, LLC, a Texas limited liability company By: Lynne Marie Pence, President EXHIBIT "G" (4 of 6) ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF DALLAS BEFORE ME, the undersigned Notary Public, personally appeared Lynne Marie Pence, in her capacity as President of JET Financial Group, LLC, 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 day of October, 2017. Notary Public, State of Texas EXHIBIT "G" (5 of 6) ----55.10---�---- I Iz ILLJ Iu o OLD TOWN ADDITION REPLAN w INSTR. No. 2012001731201 p O. P. R. D. C. T. I 2 ZONED PD H I w I LOT 4R, BLOCK Cl N o I Na O Iwo Isco UD O IQFz Iwo IQ I z z e ~ v I�c� ILnzo POINT IOF r 55.109EGINAJING PART OF J.A. S/MMONS SURVEY, ABSTRACT No. 1296 JON BROOKS INSTR. No. 201100064540 0. P. R. D. C. T. ZONED 'H" FT.) PRIVATE MUTUAL I I I I I � I Q� � I 0 00 � � I I 0� I � � I 816 SQ. FT. PRIVATE USE j EASEMENT I I.R.F. 42.0' 8 FOOT PRIVATE USE, ENJOYMENT, AND MAINTENANCE EASEMENT INSTRUMENT No.---___---- O.P.R.D.C.T. l S90°00'00"E-145.00' �I 97.0' 1 S I I.R.S. 1 I I o LOT IR, BLOCK A 0 10.0 12'X42' (504 SQ. (GROSS) ACCESS EASEMENT i INSTRUMENT No._ O.P.R.D.C.T. I (NET) I.R.F. CAPPED (REF) w BEARING N-0.83' C, of iCD 110 o 15' ALLEY R.O.W.j-15. 1 ----55.10---�---- I Iz ILLJ Iu o OLD TOWN ADDITION REPLAN w INSTR. No. 2012001731201 p O. P. R. D. C. T. I 2 ZONED PD H I w I LOT 4R, BLOCK Cl N o I Na O Iwo Isco UD O IQFz Iwo IQ I z z e ~ v I�c� ILnzo POINT IOF r 55.109EGINAJING PART OF J.A. S/MMONS SURVEY, ABSTRACT No. 1296 JON BROOKS INSTR. No. 201100064540 0. P. R. D. C. T. ZONED 'H" FT.) PRIVATE MUTUAL I I I I I � I Q� � I 0 00 � � I I 0� I � � I 816 SQ. FT. PRIVATE USE j EASEMENT I I.R.F. 42.0' 8 FOOT PRIVATE USE, ENJOYMENT, AND MAINTENANCE EASEMENT INSTRUMENT No.---___---- O.P.R.D.C.T. l S90°00'00"E-145.00' E 97.0' 1 S I I.R.S. 1 I I LOT IR, BLOCK A 10,506 SO. FT./0.241 AC. 10.0 (GROSS) �2 1 9,894 50. FT./0.227 AC. o o (NET) I ci 1 w ,,r ;; �" A C, of iCD 110 o o �r z N 3 to"a I to Isom I to Im I IN I p II -8.00 I II I II 12' SETBACK I I I i_I I�� N90°00'00"W- 145.00' T "\I.R.S. E[®UST®1V STREET SCALE IN FEET 26.52' 1 "=30' (63' R.O.W.) ALLEY R.O.W. BLOCK F 103.16' INSTR. No. 201200173120 D. P.R. D. C. T. (ZONED PO H) 4015015 VISIBILITY' CLIP (BY THIS PLAT) 22.50 N E S 7 FOOT SIDEWALK EASEMENT. (BY THIS PLAT) 10' UTILITY EASEMENT VOL. 2004237, PG. 13 'D O.P.R.D.C.T.I i 0 o N �I 2 � CD O o o O O � 0 co Q I� i � I I -612 SQ. FT. RIGHT-OF-WAY DEDICATION (BY THIS PLAT) I SHEET NO.: WHENNESSEY 12 X 42 MUTUAL ACCESS EASEMENT EINGINEERING,lNc-E PART OF LOT 2R, BLOCK A, CONOBOY REPLAT 1417 W. MAIN STREET, CARROLLTON, TX 75006 C 0 P P E LL, TEXAS PH: (972)245-9478 / FAX: (972)245-7087 FILE NO.: J1731 OF EXHIBIT "G" (6 PRIVATE USE, ENJOYMENT, AND MAINTENANCE EASEMENT AGREEMENT Date: October 2017 Grantor: JET Financial Group, LLC, a Texas limited liability company Grantor's Mailing; Address: 446 Houston Street, Coppell, Dallas County, Texas 75019 Grantee: JET Financial Group, LLC, a Texas limited liability company Grantee's Mailing Address: 717 South Coppell Street, Coppell, Dallas County, Texas 75019 Dominant Estate Property: A tract of land situated in the City of Coppell, Dallas County, Texas out of the J. A. Survey, Abstract No. 1296 and being all of Lot 1R, Block A of the Conoboy Addition Replat, an addition to the City of Coppell according to the replat thereof as recorded of even date herewith in the Official Public Records, Dallas County, Texas and depicted on Exhibit "A" attached hereto and made a part hereof. Easement Property: Being the East 8 feet of Lot 2R, Block A of the Replat of the Conoboy Addition, an addition to the City of Coppell, Dallas County, Texas, as depicted on the replat thereof as recorded of even date herewith in the Official Public Records, Dallas County, Texas and depicted on Exhibit "A" attached hereto and made a part hereof. Easement Purpose: For providing Grantee with the private use, enjoyment, and maintenance of the Easement Property and to allow Grantee access to Grantor's property. Consideration: Good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by Grantor. Reservations from Conveyance: None. Exceptions to Warrant: None. Grant of Easement: Grantor, for the Consideration and subject to the Reservations from Conveyance and Exceptions to Warranty, grants, sells, and conveys to Grantee and Grantee's heirs, successors, and assigns an easement over, on, and across the Easement Property for the Easement Purpose and for the benefit of the Dominant Estate Property, together with all and singular the rights and appurtenances thereto in any way belonging (collectively, the "Easement"), to have and to hold the Easement to Grantee and Grantee's heirs, successors, and assigns forever. Grantor binds Grantor and Grantor's heirs, successors, and assigns to warrant and forever defend the title to the Easement in Grantee and Grantee's heirs, successors, and assigns against every person whomsoever lawfully claiming or to claim the Easement or any part thereof, except as to the Reservations from Conveyance and Exceptions to Warranty. Terms and Conditions: The following terms and conditions apply to the Easement granted by this agreement: EXHIBIT "H" (1 of 6) 1. Character of Easement. The Easement is appurtenant to and runs with all or any portion of the Dominant Estate Property, whether or not the Easement is referenced or described in any conveyance of all or such portion of the Dominant Estate Property. The Easement is nonexclusive and irrevocable. The Easement is for the benefit of Grantee and Grantee's heirs, successors, and assigns who at any time own the Dominant Estate Property or any interest in the Dominant Estate Property (as applicable, the "Holder"). 2. Duration of Easement. The duration of the Easement is perpetual. 3. Reservation of Rights. Grantor reserves for Grantor and Grantor's heirs, successors, and assigns the right to continue to use and enjoy the surface of the Easement Property for all purposes that do not interfere with or interrupt the use or enjoyment of the Easement by Holder for the Easement Purposes. Grantor reserves for Grantor and Grantor's heirs, successors, and assigns the right to use all or part of the Easement in conjunction with Holder and the right to convey to others the right to use all or part of the Easement in conjunction with Holder, as long as such further conveyance is subject to the terms of this agreement and the other users agree to bear a proportionate part of the costs of improving and maintaining the Easement. 4. Secondary Easement. Holder has the right (the "Secondary Easement") to use as much of the surface of the property that is adjacent to the Easement Property ("Adjacent Property") as may be reasonably necessary and suited for providing Grantee with the private use, enjoyment, and maintenance of the Easement Property and to allow Grantee access to Grantor's property and for the Easement Purpose within the Easement Property. However, Holder must promptly restore the Adjacent Property to its previous physical condition if changed by use of the rights granted by this Secondary Easement. 5. Improvement and Maintenance of Easement Property. Improvement and maintenance of the Easement Property will be at the sole expense of Holder. Holder has the right to eliminate any encroachments into the Easement Property. Holder must maintain the Easement Property in a neat and clean condition. Holder has the right to remove or relocate any fences within the Easement Property or along or near its boundary lines if reasonably necessary to access, maintain, replace, or remove other improvements to continue onto other lands or easements owned by Holder and adjacent to the Easement Property, subject to replacement of the fences to their original condition on the completion of the work. On written request by Holder, the owners of the Easement Property will execute or join in the execution of easements for sewer, drainage, or utility facilities under or across the Easement Property. 6. Equitable Rights of Enforcement. This Easement may be enforced by restraining orders and injunctions (temporary or permanent) prohibiting interference and commanding compliance. Restraining orders and injunctions will be obtainable on proof of the existence of interference or threatened interference, without the necessity of proof of inadequacy of legal remedies or irreparable harm, and will be obtainable only by the parties to or those benefited by this agreement; provided, however, that the act of obtaining an injunction or restraining order will not be deemed to be an election of remedies or a waiver of any other rights or remedies available at law or in equity. EXHIBIT "H" (2 of 6) 7. Attorney's Fees. If any party retains an attorney to enforce this agreement, the party prevailing in litigation is entitled to recover reasonable attorney's fees and court and other costs. 8. Binding Effect. This agreement binds and inures to the benefit of the parties and their respective heirs, successors, and permitted assigns. 9. Choice of Law. This agreement will be construed under the laws of the state of Texas, without regard to choice -of -law rules of any jurisdiction. Venue is in the county or counties in which the Easement Property is located. 10. Counterparts. This agreement may be executed in any number of counterparts with the same effect as if all signatory parties had signed the same document. All counterparts will be construed together and will constitute one and the same instrument. 11. Waiver of Default. It is not a waiver of or consent to default if the nondefaulting party fails to declare immediately a default or delays in taking any action. Pursuit of any remedies set forth in this agreement does not preclude pursuit of other remedies in this agreement or provided by law. 12. Further Assurances. Each signatory party agrees to execute and deliver any additional documents and instruments and to perform any additional acts necessary or appropriate to perform the terms, provisions, and conditions of this agreement and all transactions contemplated by this agreement. 13. Indemnity. Each party agrees to indemnify, defend, and hold harmless the other party from any loss, attorney's fees, expenses, or claims attributable to breach or default of any provision of this agreement by the indemnifying party. 14. Integration. This agreement contains the complete agreement of the parties and cannot be varied except by written agreement of the parties. The parties agree that there are no oral agreements, representations, or warranties that are not expressly set forth in this agreement. 15. Legal Construction. If any provision in this agreement is for any reason unenforceable, to the extent the unenforceability does not destroy the basis of the bargain among the parties, the unenforceability will not affect any other provision hereof, and this agreement will be construed as if the unenforceable provision had never been a part of the agreement. Whenever context requires, the singular will include the plural and neuter include the masculine or feminine gender, and vice versa. Article and section headings in this agreement are for reference only and are not intended to restrict or define the text of any section. This agreement will not be construed more or less favorably between the parties by reason of authorship or origin of language. 16. Notices. Any notice required or permitted under this agreement must be in writing. Any notice required by this agreement will be deemed to be delivered (whether actually EXHIBIT "H" (3 of 6) received or not) when deposited with the United States Postal Service, postage prepaid, certified mail, return receipt requested, and addressed to the intended recipient at the address shown in this agreement. Notice may also be given by regular mail, personal delivery, courier delivery, facsimile transmission, or other commercially reasonable means and will be effective when actually received. Any address for notice may be changed by written notice delivered as provided herein. 17. Recitals. Any recitals in this agreement are represented by the parties to be accurate, and constitute a part of the substantive agreement. 18. Time. Time is of the essence. Unless otherwise specified, all references to "days" mean calendar days. Business days exclude Saturdays, Sundays, and legal public holidays. If the date for performance of any obligation falls on a Saturday, Sunday, or legal public holiday, the date for performance will be the next following regular business day. GRANTOR JET Financial Group, LLC, a Texas limited liability company By: Lynne Marie Pence, President GRANTEE JET Financial Group, LLC, a Texas limited liability company By: Lynne Marie Pence, President EXHIBIT "H" (4 of 6) ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF DALLAS BEFORE ME, the undersigned Notary Public, personally appeared Lynne Marie Pence, in her capacity as President of JET Financial Group, LLC, 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 day of October, 2017. Notary Public, State of Texas EXHIBIT "H" (5 of 6) �(0 N - - 40' 12' 0- W E PART Of- J.A. SIMMONS SURVEY, ABSTRACT No. 1296 JON BROOKS j • P 1NSTR. No. 201100064540 S 0 0. P. R. D. C. T. ZONED 'H" CD 8 FOOT 1 12'X42' (504 SO. FT.) PRIVATE MUTUAL PRIVATE USE, 7 FOOT ACCESS EASEMENTENJOYMENT, AND MAINTENANCE SIDEWALK INSTRUMENT No._ --_--__--- EASEMENT No. EASEMENT (BY THIS PLAT) O.P.R.D.C.T. 1 INSTRUMENT O.P.R.D.C.T. -- I.R.F. CAPPED (REF) BEARING N-0.83' S90°00'00"E~145.00' UTILITY EASEMENT VOL. 2004237, PG. 13 1 42.0' 97.0'0 O.P.R.D.C.T.I 15' ALLEY R.O.W. r-l5 1 I.R.S. 1 1 I __ ----- LOT 1R, BLOCK A II I I I I I z 10, 506 SQ. FT10. 241 AC. i 10.0 Li w (GROSS) i� i �I i l cn o OLD TOWN ADDITION REPLAN �; Q� 9,894 SO. AC. o 36.00' - — LNSTR. No. 2012001731201 p O.P.R.D.CT. I v 0 0 o 0 (NET) Ic I w 1 z w t- I I o N ZONED PD H 1 w I �I\ Qi z w o J I� � a l N o ^ 1:--1 Z � LOT 4R, BLOCK C i o o to o 110 6 cn p Iwoe z I I I�� I I o1 lol o n = U CD o p o� Im CD IN o kms! o o ®I� ao d 8.00 I> I Ln W I p 1 za z° I. o 816 SO. FT. PRIVATE USE I I I I I m I I Q I� EASEMENT 12' SETBACK I I _z _ o PO/NT OFF -------- ----------1 -- ---�- 1v r, 55.10�Ec/NN/Nc I.R.F. 42.0' 97.0' 1 is' o' 1 N90°00'00"W~145.00' I.R.s. �I 15 VISIBILITY 612 SO. FT. 4050 CLIP RIGHT-OF-WAY (BY THIS PLAT) DEDICATION HOUSTON STREET (BY THIS PLAT) � ----------------------------- --------------(63' R.O.W.) 2250 1 15 0 30 60 ALLEY R.O.W. SCALE IN FEET 26.52' BLOCK F 103.16' INSTR. No. 201200173120 1 "=30' O.P.R.D.C.T. (ZONED PD H) 8 FOOT WIDE PRIVATE USE PART OF LOT 2R, BLOCK A, CONOBOY EASEMENT REPLAT SHEET N6.: r [HENNESSEY ENGINEERING,INC.L 1417 W. MAIN STREET, CARROLLTON, TX 75006 C 0 P P E LL, TEXAS PH: (972)245-9478 / FAX: (972)245-7087 FILE NO.: J1731 OF