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Airline Drive Temporary Construction Easement-CN 2021-04-27Automobile Club of Southern California April _, 2021 VIA FACSIMILE & US MAIL City of Coppell 225 Parkway Coppell, TX 75019 Attention: Kent M. Collins, Director of Public Works Re: Airline Drive Temporary Construction Easement Dear Mr. Collins: AAA.com This letter is in regard to the offer letter dated November 12, 2020 ("Offer Letter') to the Interinsurance Exchange of the Automobile Club ("Exchange") from the City of Coppell ("City") in connection with the City's proposed acquisition of a temporary construction easement over certain real property owned by the Exchange along Airline Drive (the "Property"), a copy of the letter which is attached hereto as Schedule A. 1. Acceptance. The Exchange accepts the City's offer to install two permanent concrete driveways off of Airline Drive in consideration for the easement described under the Offer Letter, subject to the additional terms and conditions set forth in this letter. To the extent there is a conflict between the Offer Letter and this letter agreement, this letter agreement shall control. 2. Conveyance Documents. Not later than ten (10) business days after the Effective Date (as defined below), the Exchange shall deliver to the City the Temporary Construction Easement from the Exchange to the City duly executed and acknowledged by the Exchange to be recorded in the Real Property Records of Dallas County, Texas (the "Real Property Records"), in the form of the document attached hereto as Schedule B ("Easement Document"). The "Effective Date" is the date the Exchange receives a copy of this letter from the City, signed by both the City and the Exchange. 3. Delivery. Upon receipt of the Easement Document executed and acknowledged by the Exchange, the City shall duly execute and acknowledge and record the Easement Document in the Real Property Records (the "Recording"). Upon completion of Recording, the City shall deliver to the Exchange a file -marked recorded copy of the Easement Document not later than ten (10) days after receipt of such documents from the County Clerk's Office via email and U.S. Mail. Administrative Offices: P.O. Box 25001. Santo Ana. CA 92799-5001 Headquarters: 2601 S. Figueroa, Los Angeles. CA 90007-3294 Auto Club Enterprises provides service to more than 14 million members • Eft�t Can[ral G Mhrourt New England We're always with you!" City of Coppell April _, 2021 Page 2 of 7 4. Deadline. If the City does not record the Easement Document within thirty days of the Effective Date ("Deadline"), the City agrees to return to the Exchange the original Easement Document at the address set forth below within ten (10) days after the Deadline. 5. Taxes; Expenses. All of the transfer taxes, all closing costs, and other fees and expenses related to the recording of the Easement Document must be paid by the City. 6. Permanent Driveways. The City hereby agrees, upon receipt of the duly executed and acknowledged Easement Document from the Exchange, to construct two (2) permanent driveway entrances off Airline Drive (the "Driveways"), in the locations set forth in the site plan attached hereto as Schedule C, for access to each of the Exchange's_ parcels_ located along _ Airline Drive. Such driveways shall be constructed, to be completed not later than December 31, 2021, in a good and workman like manner according to plans and specifications acceptable to the Exchange and according to City Standard Details attached hereto as Schedule D, the City Code and all other applicable laws, and in compliance with all recorded covenants, conditions and restrictions applicable to the property. The City shall provide the Exchange with detailed plans of the Driveways for review not later than October 1, 2021. The City shall install the Driveways at such time and in such manner to minimize interference with the business and operations of the Exchange. The City agrees to defend and hold harmless the Exchange, Automobile Club of Southern California and their officers, agents, employees and members of the Board of Directors/Governors of each, from any and all claims, actions, damages, losses and liability related to or arising out of the installation and construction of the Driveways, including but not limited to, court costs and attorney's fees to the extent permitted by law. This Section shall survive the Recording and shall be binding upon and insure to the benefit of the parties hereto and their representatives, heirs, successors and assigns. 7. Representations and Warranties. Buyer acknowledges that neither the Exchange nor any of its employees, agents, or representatives has made any representations, warranties or agreements to or with the City on behalf of the Exchange as to any matters concerning the Property, the present use thereof, or the suitability of the City's contemplated or intended use of the Property, except as may be expressly set forth in the Easement Document. 8. Miscellaneous. A. Time of Essence. Time is hereby expressly made of the essence of this letter. B. Entire Agreement; Waiver. This letter, and the documents attached hereto, contain the entire agreement as to the subject matter covered by this letter, and may not be changed unless such change is in writing and signed by City and Exchange. Failure or delay on the part of a party to exercise any right, remedy, power or privilege under this letter shall not operate as a waiver of any such right, remedy, power or privilege. A waiver, to be effective, must be in writing and must be signed by the party making the waiver. C. Assignment. Neither party shall have the right to assign or transfer this letter agreement, or any right or interest therein, without the prior written consent of the other party. Subject to the foregoing, this letter shall be binding upon and shall insure to the benefit of the City and the Exchange and their respective successors and assigns. City of Coppell April _, 2021 Page 3 of 7 D. Notices. All notices, requests, demands and other communications required or permitted to be given under this letter shall be given in writing and shall be deemed to have been given if delivered personally or by certified mail, postage prepaid, or via a reputable overnight delivery service to the address set forth below the signature block of the respective party. E. Counterparts; FAX; PDF. This letter may be executed in counterparts, each of which shall be deemed an original, but both of which together shall constitute one and the same contract. A signature sent by facsimile or electronically scanned shall be treated as if it were an original signature. Please execute this letter in the space provided below, indicating the City's understanding of, and agreement to, the terms and conditions of this letter. Any acceptance of, recordation of, or other action with respect to the Easement Document will be deemed to constitute the City's unconditional agreement to strictly observe and comply with the terms of this letter. If you have any questions, please feel free to call Stan Tabancura at (714) 885-1556 or Susan Matsuda at (714) 885-1036. Very truly yours, INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB By: ACSC Management Services, Inc. its Attorney -in -Fact By:_ Name Title: Jena Miller Vice President, Administrative Services Address: 3333 Fairview Road, A477 Costa Mesa, California 92626 Attention: Stan Tabangcura, Real Estate Planning Consultant ACCEPTED AND AGREED TO as of , 2021 by: CIT) By: Narr Title Address: 225 Parkway Coppell, TX 75019 Attention: Kent M. Collins, Director of Public Works SCHEDULE A OFFER LETTER FROM CITY [See attached] T H L C ] T Y O r CfCJ%Fr`ELL �r_``o��'.:+�z%c^���t•� 6: ;� ti`s'' .s": i. November 12,2020 Interinsurance Exchange of the Automobile Club, Afro. Real -Estate Planning clo Rex Owens _ 3333 Fairview Rd A479 Costa Mesa, CA 92626-610 RE: Airline Drive Temporary Constructions Easement Dear Mr. Owens, The City. of Coppell .is in the process of finaIizing the utility layouts for the reconstruction of Airline Drive. This project will consist of reconstructing Ajiline Drive from Freeport Parkway to- Beltline Drive. �� o procee w tithe pro eI ct, tfe City needs to acquire a temporary .construction easement described, below and in.the attached documents. The City of Coppell is offering to construct two (2) permanent driveway entrances for the use of one 785'x 10' -wide -temporary construction easement. The• temporary easement is needed for the -construction of the sanitary sewer line and will be needed for the duration of .the project. After work is complete,, the disturbed area will be restored to- the. pre- existing condition upon compietiop ofthe project. In exchange for the temporary easement the City is proposing construction of two (2) permanent concrete- driveways off of Airline for. access .to each of �A.AA's parcels located on Airline Drive, at a location to be determined, to be constructed per. City Standard Details as part -ofaid Airline Drive project. Signatures on this letter constitutes an agreement to the offer from the City of Coppell for the. acquisition a temporary construction easement as follows: Acquisition of a temporary construction.easement in exchange for the construction of hvo (2) permanent access concrete driveways. 255 PARKWAY * P.O. BOX 0478 * COPPELL TX 75019 * 'f EL 07'2. 4.02 0022 * FAX.0Z2 304 3073 Offer Accepted By: Signature Printed Name Hate Title Enclosed -is an -addressed-& stamped envelope for -the -refurn of the original dacumedf. -- - -v Your consideration of this.matter is. appreciated and ifyou'have any questions, please contact the Project Manager, Jamie Brier -ton at ibrierton@coppelltx. gov or 972-462-5151. Sincerely, Kent M. Collins, P.. E'. Director of Public Works -Of c'e 972/304-7019 Cell: 469/3.54/2388' kcollihs .coppelltx.eov Attachments: Airline. Drive Plans: Temporary Easement tocation Airline Drive. Plans: Suggested Driveway Locations City Standatd Detail: Driveway 255 PARKWAY * P.O. 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C u� NlVM3GIS 1V 1NI01' NOISNVdX3 THE STATE OF TE XAS PREPARED BY THE OFFICE OF THE ATTORNEY GENERAL. OF, TEXAS STATE OF TEXAS LANDOWNER'S BILL OF RIGHTS This Landowne'r's Bill of Rights applies to any -attempt by the government or a private entity to take your property. The contents of this Bill ofRights are prescribed by the Texas Legislature in Texas. Governinerit Code $ec. 402.031 and Chapter -2.1 -oft. e Texas Property Code: _ .__..-.._ __..-----_- 1. You are entitled to receive -adequate compensation if your property is taken for a public use. 2. Your property can onlybe taken .for a public use. 3. Yourpropertycanonlybetakeribyagoverrimental entity or private entity authorized. bylaw to do so. determine the value of .your property or -to assist you in any condemnation proceeding. 8. You -may hire an -attorney to negotiate with the condemning entity and 'to represent you in any 'legal proceedings involving the t:on&mnation. 9. Before your property is .condemned, you are 4. The entity that wants to take your property must entitled to' a hearing before a :court 'appointed notify you that it wants: to takw. your property panel that includes three special commissioners. The special .commissioners must determine 5, The entity proposing to take your property the amount of compensation the. condemning must provide you with. a written appraisal from entity owes for the taking of your _property. A _c_erti e gpP-0.iscLactailing_the_adequate_ 3]jc comm sionm must_also determirie_wliat,.._ — compensation you are owed foryour property, compensation, if -any, you are entitled to receive for any reduction in value of your remaining 6. 'The entity proposing to take your property must property. make a bona -fide offer to buythe property before it Alma lawsuit to condemn theproperty — which 10. means the condemning entity'must make a good faith offer that conforms with Chapter 21 of the Texas Property Code. 7. Youmayhire an appraiser or other professional to If you are unsatisfied with the compensation awarded by the special commissioners, or if you question wbether'the taking of your property was proper, you have the right to a trial by a judge or jury. If you are dissatisfied with the trial courts judgment, you mayappeal that decision. Eminent domain is. the regal authority that certain entities are granted that allows• those entities to take private property for a public use. Private property can include land and certain improvements that are on that property. Privateproperty may only betaken by a.governmental entity or private entity that is authorized bylawto do so. Your property'may be taken billy- for a public purpose. That means'it can. only be taken for a purpose ox use that serves the general public. Texas law -prohibits condemnation authorities from takingyour propertq.to enhance taxxevenues or foster economic development. Your property cannot be taken without adequate compensation. Adequate compensation includes the market value of the property being taken. It may also include certain damages if your remaining property's market value. is. diminished by the acquisition itself or by the way -the condemning entity will -use the property. The taking of private property by eminent domain must follow certain procedures. First, the entity that wants. to condemn your property must provide .you a copy of this Landowner's Bill of Rights before - or at the same time - the. entity first represents to -you that itpos'sesses eminent domain authority. Second, if it has, not been previously provided, the condemning entity musbsend this -Landowner's Bill of 12ights. to. thelastknown addresg oftbe person Who is lisiectas the property owner -on the niostrdcent tax roll. Tliisrequirement stipulates that the Landowner's Bill ofRights.must be provided to the property owner at keast seven days before the entity makes a final offer to acquire the property, Third, the condemning.entitymust make a bona fide -offer to.purchase.the properly. Thexequirements for abona fide -;offer•arecontainedzn-Chap ter:21 ofthe Texas Property -CoAt'tlie tune a purchase oife ismade, tli� coridemairig entity must disclose any appraisal reports it produced or acquired that relate specifically to the property and were prepared in the ten years preceding the -date of the purchase offer. You have the right to discuss the offer with others and to either accept or reject the offer made by the condemning entity. CONDEMN ATRON iPROCIEIEDINTGS If you and the condemning entity do not agree on the value of your property, the. entity may begin condemnation proceedings. Condemnation is the legal process that eligible entities utilize to take private property. It begins with a condemning entity filing a.claim for your property in court. If you live in a county where part of the property.being condemned is located, the claim must be -filed in that county. Otherwise, the condemnation claim -can be filed in any county where at least part of the property being condemned is located. The clainx must describe'the property being condemned. -state withspecificitythe public use, state the name of the landowner, state tharthe landowner and the condemning entity were unable to agree on -the value of the. property,,. state that the condemning entity provided the'landowner witIi'the Laridowner.'s Bill of Rights, and state that the condemning entity made a bona -fide offer to acquire the property from the property owner voluntarily. SPECIAL COMM11,SS'IONEi R. J'y lH[1E` ARTI l.. V G After the condemning entity files a.condemnation claim. in court, the judge will appoint three local'landowners to serve as special commissioners.. Tliejudgewillgive you a reasonable period to strike one of the special commissioners. If a commissioner is struck, the judge will appoint a replacement. These special commissioners must live in the, county where the. condemnation proceeding is -filed, and they must take wi oath to assess the amount of adequate. compensation fairly, impartially; and according -to the law. The special commissioners are not legally authorized to decide whether the: condemnation is necessary or if the public use is proper. Their role'is limited to assessing adequate compensation for you. After being appointed, the special commissioners must schedule.a hearing at the earliest practical 'time and place; The special commissioners are also required to give you written notice of the condemnation hearing. You are required to provide the condemning entity any appraisal reports that -were used to determine your claim about adequate compensation for the condemned property. Under a new law enacted in 2011, landowners' appraisal reports must be -provided to the condemning entity either ten days after the landowner receives the report or three business day's before the'special commissioners hearing - whichever is. earlier: You may hire an appraiser or real estate professional. to help you determine -the value of your private property. Additionally, you can hire an.attorney tQ represent you during condemnation proceedings. At the condemnation hearing,. the .special commissioners will consider your evidence on the value of your condemned property, the damages to remaining.property, any value added to the remaining property -as a result of the condemnation, and the condemning entity's proposed use of your condemned property. After hearing evidence from all interested parties, the -special commissioners wiII deterinine the amount of ihoney that you should be awarded. to adequately compensate you for your property: The special commissioners' decision is significant to you not :only. because it determines the amount that qualifies as adequate compensation, but also because It, mpacts who pays .for the cost gf the condemnation proceedings. Under the Texas Property Code, if the Special commissioners'award-is less than or equal to the. amount the condemning entity offered to pay before the proceedings began, then you maybe•financiallyresponsible.for the cost ofilie condemnation proceedings. However, if the special commissioners' award ismore than the condemning entity offered to pay before the proceedings began, then the condemning -entity will be responsible for the costs associated with the proceedings. The special_commissioners are req.aired.to_provide.thecourt=thaGappointed•thern a written decision: Tbat:decision is-- ---- - called the "Award." The Award ,must be filed with the.'court and t1mcourt must send -written notice of the Aw;1 d to all parties. After the Award is filed, the condemning entity may take. possession of the property being condemned, even if either party.appealt the Award ofthe-special cornm%sioners. T6 takepossession of the.propet% the condeitriing entity must either pay the amount of the Award or deposit the amount of the Award into the court's registry. You have the right to withdraw funds that are deposited into the registry of the court OBJEC 1CI N TIG THEE SPE, C IA L GOMMIS IONiEIi S AWAli D If -either the Iandowner or the condemning entity is dissatisfied with the amount of the Award, either'party can formally object to the Award. In order to successfully make this valuation objection, -it must beefiled in writing with the court If neither party timely_objects to the special:dommissioners' Award, the court will adopttheAward as the final judgment of the court. If a party timely objects to the special commissione& Award; the court will ;hear the case in the same manner that• other civil cases are heard. 'Landowners who object to the Award and ask the court to hear the matter have die -right to_a tualaud can elect whether to have_the case decided bya-judge_onjui*—Ihe allocatiorr.ofany_trial costs-is.decided____ in the same manner that costs are allocated with the special commissioners' Award. After trial, either panty may appeal any judgment entered by the. court. DIS MISSAL OF THE 00NDEWNATIf ON ACTION A condemning entity may file a motion to dismiss the condemnation proceeding if it decides it no longer needs Your condemned property, If the court grants the motion to dismiss, the case is over andy6u are entidecl to recover reasonable and necessary fees for attorneys, appraisers, photographers, and for other expenses -incurred to the -date ofthe hearing on the motion to.dismiss. If you wish to challenge the condemning entity's authority to take your property, you can lodge.that challenge by .filing a motion to .dismiss the condemnation proceeding: 'S.uch a motion to dismiss would allege, that the condemning entity did not have the right to condemn your property. For example, a landowner could challenge the condemning entity's claim that it seeks to take the property fora public use. If'the court grants the landowner's motion, the court may award the landowner reasonable and necessary fees for attorneys, appraisers, photographers, and for other expenses incurred to the date of th.hear i g or judgrnent. 1RUEI[. OC.ATION COSTS If you are displaced from your residence orplace of business, you may be entitled to reimbursement for reasonable expenses incurred while moving persotial property frdrim the residence. or relocating the business to a new site. However, during condemnation proceedings, reimbursement for relocation costs may not be available if those costs are separately recoverable under another law. Texas law limits the total amount of available -relocation costs to -the market value of the property being moved. Further, the law provides that moving costs are limited to the amount that a move would cost if itwere within -50 miles. RECLAMATHON OP`1I'RONS Uprivate propertywas condemried by a:governmental entity, and the public use for which the propertywas acquired _._is:cancele''t before_that-property--is-used-for-th'at public -purpose; no .actual prog#ess is made toward -the -public -we --- -__- -_._. ydthin ten years or the property becomes unnecessary for -public use within ten years;.l'andowners may have the right to repurchase'the property for the price paid to. the owner by flee entity at the time the entity -acquired the property through eminent'domain. DISCLAIMER The information in this statement is intended to be a summary of -the applicable portions of Texas state law as required by H81495, enacted by the. 80 th Texas Legislature, Regular Session. This stateinentis .not legal advice and is not a substitute for legal counsel. .AIDIDICI[ ROINA L, ASO URC ES. Furt:her.information regarding.theprocedures, tiinelines and requirements outlined in this document can be found in .Chapter 21 of'the Texas Property Code. REV 03/12' SCHEDULE B CONVEYANCE DOCUMENTS [See Attached] AFTER RECORDING RETURN TO: City of Coppell Attn: City Secretary PO Box 9478 Coppell, Texas 75019 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN TEE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. _...-TEMPORARY STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DALLAS § That INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB, ("Grantor"), whose address is 3333 Fairview Road, Costa Mesa, California 92626, for and in consideration of the sum of TEN AND N0/100 DOLLARS ($10.00) and other good and valuable consideration in hand paid by the CITY OF COPPELL, TEXAS ("Grantees"), a Texas home rule municipality, in Dallas County whose mailing address is 255 E. Parkway Blvd. Coppell, Texas 75019, the receipt and sufficiency of which is hereby acknowledged by Grantor, have GRANTED, SOLD AND CONVEYED, and by these presents does GRANT, SELL AND CONVEY unto Grantee, a non-exclusive TEMPORARY CONSTRUCTION EASEMENT AND ACCESS over, along, and across the Easement Area owned by Grantor for the purpose of providing access to staging area and site for the construction, installation, replacement, repair, inspection, modification, and maintenance of a certain public stormwater and surface drainage improvements located on the street adjacent to the Easement Area ("Project") at Grantee's sole cost and expense. Said Easement Area being described in Exhibit "A" attached hereto and made a part hereof for all purposes. The Easement Area is located on real property owned by Grantor described in Exhibit `B" attached hereto and made a part hereof. Grantee and Grantee's contractors will at all times, after doing any work in connection with this construction, operation, or repair, remove from the Easement Area such temporary facilities, materials, equipment or trash placed by Grantee or Grantee's contractors, and restore the surface of the Easement Area to the original condition in which it was found before such work was undertaken. THIS TEMPORARY CONSTRUCTION EASEMENT will expire at the earlier of (a) such a time that the Project is completed and accepted by Grantee, or December 31, 2021. To have and to hold the above described Easement Area for temporary construction purposes as deemed necessary by Grantee, with the right of ingress, egress, and regress therein, together with all and singular the usual rights thereto in anywise belonging, unto the said Grantee, its successors and assigns, for the purposes set forth herein. Grantor may use the Easement Area for any and all purposes that do not unreasonably interfere with or prevent the use by Grantee or Grantee's contractors of the Easement Area for the purpose set forth herein. Grantee's use of the Easement Area shall not unreasonably interfere with Grantor's use of its PAGE 1 I TEMPORARY CONSTRUCTION EASEMENT TM 121058 Doc Version: 4-19-21 property adjacent to the Easement. The temporary construction easement described herein is conveyed without warranty of title. Neither Grantor nor Grantee waive any right of governmental immunity by entering into or performing the terms and conditions of this agreement. This conveyance is made and accepted subject to any and all conditions and restrictions, if any, relating to the Easement Area to the extent that the same may still be in force and effect, shown of record in office of the County Clerk of Dallas County, Texas. If Grantee so desires, Grantee may perform title work at Grantee's sole cost and expense, to confirm whether there are any liens, attachments, easements, or other encumbrances which would affect the title or right of Grantor to convey the easements to the Grantee for the purposes described herein. SIGNED AND AGREED this day of _ , 2021. GRANTOR: INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB, a California reciprocal insurer By: ACSC Management Services, Inc., a California corporation, its Attorney -in -Fact an Name: Jena Miller Title: Vice President, Administrative Services PAGE 2 1 TEMPORARY CONSTRUCTION EASEMENT ' TM121058 Doc Version: 4-19-21 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document STATE OF § COUNTY OF § On this day of 2021, before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature_on, -the instrument _the person,_or_.. the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public (Seal) My Commission Expires: THE STATE OF TEXAS § COUNTY OF DALLAS § This instrument was acknowledged before me on the21*'$"day of fj 2021 by Karen Selbo Hunt, Mayor for the City of Coppell, Texas, a home le muni pality, on behalf of said municipality. C & LI AAA - NOTARY PUBO, STATE OF TEXAS ``���� ASHLEY M. `` PY f MY COMMISSION EXPIRES: a�P.,,.�a 1 OWENS ?r° 6 Notary Public, State of Texas %,v +%E Comm. Expires 02-24-2023 �''n°;,`�� Notary ID 130128128 PAGE 3 I TEMPORARY CONSTRUCTION EASEMENT TM 121058 Doc Version: 4-19-21 a� :.d ^ • '�a .�� / t 4�• w ,� F 1 � t ` .ti :,. , • Y1+ 1 -- ;�tt,,; --�� j L, ii � h 3 !?; rr )p,6:sir � ', '` .w�_� y - �.r J is Ff .�J r; ).� int Y i Off' Y 4.., k r�� : Y EXHIBIT A EASEMENT AREA [See Attached] / II ' 1 I i I I, r�k / s� B� x S RMA PR 7CT Ma AEM9IX15 °A1E BT 0=J13UDT SANITARYSEWER- CITY OF COPPELL ; ° Kim ey»iHorn PROJECT LAYOUT AIRLINE DRIVE AUEEvrOPn.Ww rEE. MC. li%A9 REOq�CRLp CRG tKERnG Mu �[&M EXHIBIT B GRANTOR'S PROPERTY [See Attached] BEING a tract of land situated in the James A. Simmons Survey, Abstract Number 1296, City of Coppell, Dallas County, Texas, and being all of that called 7.863 tract of land described as "Tract 2" in deed to Pacific Resources Associates, LLC, as recorded in Instrument No. 201300122365, Official Public Records of Dallas County, Texas (O.P.R.D.C.T.), and being more particularly described as follows: BEGINNING at a set PK nail with shinner for the intersection of the northwesterly right-of-way line of Airline Drive (a called 60 -foot wide right-of-way) with the northeasterly right-of-way line Freeport Parkway (a variable width right-of-way), both dedicated by Right -of -Way Dedication and Underground Utility Easement to the City of Coppell, as recorded in Volume 82137, Page 690, D.R.D.C.T., said corner also being the most southerly corner of said 'Tract 2"; THENCE North 37 degrees 12 minutes 23 seconds West, a distance of 570.65 feet along the common west line of said 'Tract 2" and said east right-of-way line of Freeport Parkway to a point for the point of curvature of a tangent circular curve to the right having a radius of 226.59 feet, whose chord bears North 32 degrees 58 minutes 12 seconds West, a distance of 33.48 feet, from which an "X" -cut found for witness bears North 85 degrees 19 minutes 28 seconds East, a distance of 0.33 feet; THENCE Northwesterly, continuing along said common line and along said curve, through a central angle of 08 degrees 28 minutes 22 seconds, an arc distance of 33.51 feet to a point for the beginning of a non -tangent circular curve to the left having a radius of 674.24 feet, whose chord bears North 38 degrees 03 minutes 37 seconds East, a distance of 84.40 feet, said point being the northwesterly corner of said 'Tract 2", from which an "X" -cut found for witness bears South 22 degrees 49 minutes 06 seconds East, a distance of 0.51 feet; THENCE Northeasterly, departing siad common line and alont the northwesterly line of said 'Tract 2" and along said curve, passing at an arc distance of 12.30 feet a 518 -inch iron rod with yellow plastic cap stamped "HALFF" (hereinafter referred to as "with cap") found for the original southwesterly corner of "Lot 3R, Block 1, Park West Commerce Center", an addition to the City of Coppell recorded in Instrument number 201000D46397 of the Official Public Records of Dallas County, Texas, and continuing along said northwesterly line of "Tract 2" passing at an additional arc distance of 25.59 feet the southwesterly corner of said Lot 3R, Block 1, and continuing along the common southeasterly line of said Lot 3R, Block 1 and northwesterly line of "Tract 2 ", through a central angle of 07 degrees 10 minutes 36 seconds, a total arc distance of 84.45 feet to a 112 -inch iron rod with cap found for corner; THENCE North 34 degrees 28 minutes 19 seconds East, continuing along said common line, a distance of 126.35 feet to a point for corner, said corner also being the southwesterly corner of that called 24.8648 acre tract of land known as "Split A" as described in "Tract 5" in said deed to Pacific Resources Associates, LLC, as recorded in Instrument No. 201300122365, and being the northwesterly corner of said 'Tract 2"; THENCE North 89 degrees 57 minutes 22 seconds East, along the common north line of said "Tract 2" and the southerly line of said "Tract 5", passing at a distance of 1.40 feet rod with cap found for reference, and continuing along said common line, a distana 112 -inch iron ce of 363.75 feet to a point for corner; THENCE North 34 degrees 27 minutes 15 seconds East, continuing along said common line, a distance of 208.55 feet to a 1/2 -inch iron rod found for the common northernmost northeast corner of said "Tract 2" and the southwestern cornerof"Lot 1 R-1 and 1 R-2, Block 2, Park West Commerce Center", an addition to the City of Coppell recorded in Volume 99216, Page 61, D.R.D.C.T.; THENCE South 55 degrees 37 minutes 57 seconds East, along the common northeasterly line of said "Tract 2" and southwesterly line of said Lot IR -1, Block 1, a distance of 302.74 feet to a 1/2 - inch iron rod with cap stamped "Precise Land Survey" for the beginning of a non -tangent circular curve to the left having a radius of 110.00 feet, whose chord bears South 40 degrees 29 minutes 31 seconds West, a distance of 23.54 feet, said corner being the common southernmost northeast corner of said "Tract 2" and most southerly southwest corner of said Lot 1 R-1, Block 1, and on the northwesterly right-of-way line of said Airline Drive; THENCE Southwesterly, along the common southeasterly line of said 'Tract 2" and said northwesterly right-of-way line of Airline Drive and along said curve, through a central angle of 12 degrees 17 minutes 05 seconds, an are distance of 23.59 feet to a 112 -inch iron rod with cap found for corner; THENCE South 34 degrees 20 minutes 43 seconds West, continuing along said common line, a distance of 593.27 feet to a point for the beginning of a non -tangent circular curve to the right having a radius of 606.96 feet, whose chord bears South 43 degrees 34 minutes 37 seconds West, a distance of 194.36 feet, from which a 1/2 -inch iron rod with cap found for witness bears South 64 degrees 35 minutes 20 seconds East, a distance of 0.40 feet; THENCE Southwesterly, continuing along said common line and along said curve, through a central angle of 18 degrees 25 minutes 35 seconds, an arc distance of 195.20 feet to a 112 -inch iron rod with cap set for corner; THENCE South 52 degrees 47 minutes 35 seconds West, continuing along said common line, a distance of 9.94 feet to the POINT OF BEGINNING AND CONTAINING 342,394 or 7.8603 acres of land, more or less. SCHEDULE C LOCATION OF DRIVEWAYS SCHEDULE D CITY STANDARD DETAILS [See Attached] EXPANSION JOINT AT SIDEWALK THICKNESS TRANSITION, TYP. -----R.O.W. �- 20' + NON -WALKING SURFACE -6"THICK SIDEWALK i Max (2%) 4" THICK SIDEWALK B _ ■ 6' SIDEWALK PAVING NOTES` DRIVEWAY WIDTH/2 t 20' REF. ®1. MIN. PAVEMENT DEPTH AND STRENGTH SHALL BE 5' — CLASS 'C' 3500 PSI, OR AS SPECIFIED BY CITY. 2 CURB HEIGHT AND WIDTH SHALL BE B', OR AS SPECIFIED BY CITY. SEE STANDARD CONSTRUCTION DETAIL 2120. 3. SUBGRADE (MIN. REQUIREMENTS—UNLESS OTHERWISE APPROVED BY CITY ENGINEER). SUBGRADE UNDER ALL PAVEMENT SHALL BE INITIALLY MIXED B' THICK AND RE—MIXED V THICK AND SHALL BE STABIUZED WITH 6X MIN. BY WEIGHT OF HYDRATED LIME (GENERALLY ±40 LBS./S.Y) AND COMPACTED TO A DENSITY NOT LESS THAN 95% STANDARD PROCTOR DENSITY. ALTERNATIVE SUBGRADES, SUPPORTED BY LABORATORY TESTS, MAY DE SUBMITTED TO THE CITY ENGINEER FOR APPROVAL 4. PAVEMENT SURFACE FINISH SHALL BE TRANSVERSE TO TRAFFIC LANES AND SHALL BE BAKER BROOM FINISH UNLESS OTHERWISE SPECIFIED BY CITY. 5. ALL DIMENSIONS TO BACK OF CURB AND IN FEET UNLESS 07HERWISE SHOW. ©6. WIDTHS AND SLOPES MAY VARY. ALL ACCESSIBLE ROUTES MUST COMPLY WITH A.D.A. REGULATIONS. T.A.S. REGULATIONS AND TxOOt PED IS. NOTE, STANDARDS ARE ADOPTED FROM THE NCTCOG STANDARD DRAWINGS DATED NOV. '96, WITH LOCAL EXCEPTIONS. ADD 'Timet PFD i6' TO NOTE 6. ADD -3800 PSI' TO NOTE 1. LOCAL EXCEPTION �la STANDARD CONSTRUCTION DETAILS SM. SPEC. REFERENCE COPPELL %DRIVEWAY APPROACH 301., 303. 30 AARPRR. ,18 4 r. '`fir TYPE T' STANDARD DETAII y ��' 2155-1 DATE CITYOFCOPPELL DALLAS COUNTY, TEXAS BACK of TOOLED -�' CURB 4" THICK JOINT SIDEWALK Oo 3 `° R m A CONSTRUCTION JOINT QryyO' W� a W + W NOLWALKINGW SURFACE IV WITH STREET PAVING �la STANDARD CONSTRUCTION DETAILS SM. SPEC. REFERENCE COPPELL %DRIVEWAY APPROACH 301., 303. 30 AARPRR. ,18 4 r. '`fir TYPE T' STANDARD DETAII y ��' 2155-1 DATE CITYOFCOPPELL DALLAS COUNTY, TEXAS BACK of TOOLED -�' CURB 4" THICK JOINT SIDEWALK Oo 3 `° R m A CONSTRUCTION JOINT IF NOT MONOLITHIC WITH STREET PAVING �la STANDARD CONSTRUCTION DETAILS SM. SPEC. REFERENCE COPPELL %DRIVEWAY APPROACH 301., 303. 30 AARPRR. ,18 4 r. '`fir TYPE T' STANDARD DETAII y ��' 2155-1 DATE CITYOFCOPPELL DALLAS COUNTY, TEXAS