ST8601-AG 900213dedication ot
~ALUATION' OF:
7,1~.CAI, R F, VT FIJ
REVIEWED BY (TM:
KIRK & DILLARD
(Formerly Saner, Jack, Sallingcr g: Nichols)
Attorneys & Counselors at Law
1800 Lincoln Plaza
500 N. Akard
Dallas, Texas 75201
(214) 954-3333
Facsimile (214) 954-3334
TO:
Mr. Glen C. Hinckley -
Univest Properties, Inc.
12201 Merit Drive Suite 170
Dallas, Texas 75251
LETTER OF TRANSMITTAL
DATE: January 27, 1990
OUR FILE NO: 473
RE: MacArthur ROW Contract/ Univest Properties, Inc.
WE ARE SENDING YOU ATTACHED THE FOLLOWING:
1. Six copies of the final draft of MacArthur ROW contract with the legal
description attached as Exhibit "A" and a form showing the agreed deed
attached as Exhibit "C". This is our new ,'CK90-0127" which incorporates
the changes as per your fax dated 1-26-90.
2. Final Draft of Deed to be executed by you on behalf of Univest Properties,
Inc., which incorporates the change requested as per your fax.
REM ARKS:
It is my understanding that within the next day or so Phil Deaton will send you
Exhibit "B" and Exhibit "D" to be attached to the contract. That you will attach these
exhibits to the enclosed contracts and send them to me to be executed by the city.
Exhibit "B" is the drawing of the MacArthur extension on which Phil will have
shown the temporary construction easments. This drawing will also be attached as
Exhibit "2" to the Deed.
Exhibit "D" is the drawing that has heretofore been approved by all parties
including the City which will have been put in final form by Phil.
Mr. Alan Ratliff, City Manager
City of Coppell
P. O . Box 478
Coppell, Texas 75019
CONTRACT
THIS CONTRACT is made and entered into as of the 18th day of January, 1990,
(the "Effective Date"), by and between UNIVEST PROPERTIES, INC., ("UPI"), of Dallas
County, Texas, and the CITY OF COPPELL, TEXAS, ("City"), a. municipal corporation
and political subdivision of the State of Texas.
WHEREAS, UPI owns that certain land described in Exhibit "A" attached hereto
and incorporated herein by reference for all purposes (the "UPI Property"); and,
WHEREAS, the City wishes to cause the construction of an extension of MacArthur
Boulevard and certain water and storm drainage along that certain 'right-of-way (which
includes the UPI right-of-way) as depicted on Exhibit "B" attached hereto and
incorporated herein by reference for all purposes (the "MacArthur E×tension"); and,
WHEREAS, the Vista Mortage & Realty has committed to cause the construction
of thc MacArthur Extension in accordance with certain plans Attached hereto as Exhibit
"D" which show the location of certain approaches to Lake Park Addition and to the
UPI property east of MacArthur Extension and to cause the construction of a bridge
across Denton Creek as a part of MacArthur Boulevard as extended (the "Bridge"); and,
WHEREAS, the City has requested UPI to execute and deliver the Dedication
Deed attached hereto as Exhibit "C" and incorporated herein by reference for all
purposes, pursuant to which UPI dedicates to City the UPI right-of-way which is
necessary, together with other rights-of-way, for the construction of the MacArthur
Extension; and,
WHEREAS, UPI is willing to execute an deliver the Dedication Deed upon the
terms and conditions contained herein;
Contract- Page 1
NOW, T~IEREFORE, for and in consideration of the premises and of the agreements
contained herein, UPI and City hereby agree as follows:
I. Dedication Deed. In consideration of the agreements of City contained
herein (all of which are material inducements to UPI to execute and deliver the Dedication
Deed and to enter into this Contract), UPI agrees to execute and deliver the Dedication
Deed to City.
II. Construction Cost Funding. City has obtained confirmation from Vista
Mortage & Realty that it has agreed to fund ail of the money necessary to pay all costs
to construct the MacArthur Extension and Bridge in accordance with the Plans shown
on Exhibit "D" and will commence construction within six (6) months from date hereof.
III. No Charges to UPI. City hereby agrees that UPI will not be subjected to
any charge relating to the construction of the MacArthur Extension or the construction
of the Bridge (the "Road and Bridge Costs"). If City ever imposes, implements,
promulgates or commences any program, procedure or proceeding which results in UPI
being charged any of the Road and Bridge Costs other than the Agreed Pro Rata
Charges, City agrees that City either will not attempt to collect such charge or that
City will pay such charge or consider such char~ges paid. It is understood, however, that
in addition to the Agreed Pro Rata charges other applicable charges in place at the
time of platting the UPI Property west of MacArthur Extension will not be considered
as being prepaid and may be collected, if applicable, (including any normal pro rata
charges for water and sewer lines the "Agreed Prorata Charges",) but in no event for
any oversizing charges, even though such lines may be placed in the UPI Right-of-Way
at the time the road and Bridge are constructed. Provided, however, if existing services
are available for extension and/or connection from any other subdivision, UPI may
connect to the other subdivision and therefore shall not be charged for any pro rata for
Contract - Page 2
MacArthur utilities. Pro rata charges shall not be due and payable until after the time
UPI records a final plat of the land owned by UPI adjacent to the UPI Right-of-Way
and UPI obtains a building permit to construct improvements on the land owned by UPI
to the west of the UPI Right-of-Way. The Agreed Pro Rata charges shall only be for
standard sizing and include only the pro rata portion of the actual construction costs
thereof.
IV. Park Land Donation Agreement-Extension of Time. As used herein, "Park
Land Donation Agreement" means that certain Park Land Donation Agreement, dated
November 24, 1987, between Coppell Town Center, Inc. ("CTC") and City pertaining to
the construction of a lake upon certain land described therein and subsequent donation
of such ]and to City. City and UPI agree that the date of October 1, 1988, referenced
in Paragraph 8 of said Park Land Donation Agreement shall be amended to extend such
date to a date one (1) year after the completion date of the MacArthur Extension and
Bridge and the date of December 31, 1989, referenced in said paragraph shall be amended
to extend such date to a date two (2) years after the completion date of the MacArthur
Extension and Bridge. The provisions of this paragraph are an amendment to the Park
Land Donation Agreement.
V. Lake Park Addition Preliminary Plat. City has issued approval of a
preliminary plat filed with City by UPI for "the 'Lake Park Addition (the "Lake Park
Addition Preliminary Plat"). City hereby agrees to extend the City's approval of the
Lake Park Additional Preliminary Plat until that date which is one (1) year after the
MacArthur Extension and Bridge Completion Dates.
VI. Attorneys' Fees. Should any party to this Contract commence legal
proceedings against any other party to this Contract to enforce the terms and provisions
Contract- Page 3
of this Contract, the party losing in such legal proceedings shall pay the attorneys'
fees and expenses of the party prevailing in such legal proceedings.
VII. Time of Essence. Time is important in the performance of this Contract,
and all parties hereto have agreed that strict compliance is required as to any date
set forth herein. If the final date of any period which is'set forth in any term or
provision of this Contract falls upon a Saturday, Sunday or legal holiday under the laws
of the United States or the State of Texas, then, and in such event, the time of such
period shall be extended to the next day which is not a Saturday, Sunday or legal holiday.
VIII. Notices. Any notice required or desired to be given to any party hereto
shall be deemed to be delivered (i) on the date of delivery, if hand delivered, (ii) one
(1) day after sending, if sent by overnight courier, or (iii) if sent by mail, the date
the same is posted in a U.S. mail receptacle, postage prepaid, certified mail, return
receipt requested, to the address of the applicable party set out below such party's
signature hereinbelow. Any party hereto may change such party's address for notice,
but until written notice of such change of address is actually received by the other
parties hereto, the last address of such party designated for notice shall remain such
party's address for notice.
IX. Severability. If any term or provision of this Contract is held to be
illegal, invalid or unenforceable, the legality, validity and enforceability of the remaining
terms and provisions of this Contract shah not be affected thereby, and in lieu of elch
such illegal, invalid or unenforceable term or provision there shah be added automatically
to this Contract a legal, valid and enforceable term or provision as similar as possible
to the term or provision declared illegal, invalid and unenforceable.
Contract- Page 4
X. Governing Law and Venue.
This Contract and all of the transactions contemplated herein shall be governed
by and construed in accordance with the laws of the State of Texas, and all parties
hereto irrevocably agree that venue for any dispute concerning this Contract or any of
the transactions contemplated herein, shall be in any court of competent jurisdiction
in Dallas County, Texas.
XI. Entire Agreement.
This Contract embodies the entire agreement among the parties hereto with
respect to the subject matter hereof and supersedes all prior MacArthur Road agreements,
whether written or oral.
XII. Amendment.
Except as otherwise specifically provided herein, this Contract may not be
amended, varied or terminateci except by agreement, in writing, executed by the City
and UPI.
XIII. Binding Effect.
Except as otherwise provided herein, this Contract shall be binding upon and
inure to the benefit of City and UPI and their respective successors and assigns.
XIV. Counterparts.
This Contract may be executed in any number of counterparts, each of which
shall be an original, and all of which shall be deemed to be one and the same instrument.
Contract - Page 5
F.~ECUTED by the parties hereto as of the Effective Date.
UNIVEST PROPERTIES, INC.
By:
Glen A. Hinckley
Univest Properties, Inc.
12201 Merit Drive
Suite 170
Dallas, Texas 75251
Its, President
CITY OF COPPELL, TEXAS
By:
MAYOR
ATTEST:
CK90-0127
CITY SECRETARY
City of Coppell
P. O. Box 478
Coppell, Texas 75010
Attention: City Manager
Contract- Page 6
BEING a tract of land situated in the W. A. TRIMBLE SURVEY,
ABSTRACT NO. 1268 in the City of Coppell, Denton County, Texas, and
being a part of a tract of land described in a deed to Univest
Corporation recorded in Volume 770, Page 51 of the Deed Records of
Denton County, Texas, and being more particularly described as follows:
BEGINNING at a point in the East line of said Univest tract, said
point being the Northwest corner of Tract 2 and the Southwest corner of
Tract 4 of Creek Bend Estates, an addition to the City of Coppell, an
iron pin found for corner;
THENCE S 00 degrees 31'37" W, along the West line of said Tract 2,
78.42 feet to a point for corner;
THENCE Northwesterly, along a curve to the left which has a chord
that bears N 26 degrees 55'30" W, a central angle of 7 degrees 03'09"
and a radius of 945.00 feet, for an arc distance of 116.32 feet to the
end of said curve, a point for corner;
THENCE N 30 degrees 27'04' W, 130.05 feet to the beginning of a
curve to the right;
THENCE Northwesterly, along the curve to the right which has a
chord that bears N 21 degrees 13'32" W, a central angle of 18 degrees
27'05" and a r'~dius of 1445.00 feet, for an arc distance of 465.35 feet
to a point in the Northerly line of said Univest tract;
THENCE N 71 degrees 21'39" E, along the Northerly line of said
Univest tract, 110.81 feet to a point for corner;
THENCE Southeasterly along a curve to the left which has a chord
that bears S 20 degrees 57'02" E, a central angle of 19 degrees 00'05"
and a radius of 1335.00 feet, for an arc distance of 442.73 feet to the
end of said curve, a point for corner;
THENCE S 30 degrees 27'04" E, 50.60 feet to a point in the West
line of said Tract 4;
THENCE S 00 degrees 27'44' W, along the West line of said Tract 4,
~49.47 feet to the POINT OF BEGINNING and containing 65,845 square feet
of land, more or less.
EXHIBIT
STATE OF TEXAS §
COUNTY OF DALLAS §
DEDICATION DEED
WHEREAS, UNIVEST PROPERTIES, INC. ("Grantor") owns that certain lot, tract
or parcel of land situated in the City of Coppell, Texas (,,Grantee"), a municipal
corporation and political subdivision of the State of Texas, Dallas County, Texas,
described in Exhibit "1", attached hereto and i'ncorporated herein by reference for all
purposes (the "Land"); and,
WHEREAS, Grantee has requested that Grantor grant, convey and dedicate the
Land to Grantee for the purpose of construction thereon of an extension of MacArthur
Boulevard and Bridge according to plans and specifications approved by Grantor and
Grantee (the "MacArthur Extension"); and,
WHEREAS, Grantor is willing to grant, convey and dedicate the Land to Grantee
for such purpose;
NOW, THEREFORE, know all men by these presents:
That Grantor, acting through its duly authorized officer, for and in consideration
of Ten Dollars ($10.00) and other good and valuable consideration, receipt of which is
hereby acknowledged, has granted, conveyed and dedicated, and by these presents does
hereby grant, convey and dedicate unto Grantee the Land described in Exhibit "1"
attached hereto and made a part hereof for all purposes.
TO HAVE AND TO HOLD the Land unto Grantee, its successors and assigns
forever, and Grantor does hereby bind itself, its successors and assigns, to warrant and
forever defend all and singular the Land unto Grantee, its successors and assigns, and
against every party whomsoever lawfully claiming or to claim the same, or any part
thereof, by, through or under Grantor, but not otherwise.
EXItlBIT "C"
The grant, conveyance and dedication of the Land is made by Grantor to Grantee
to have and to hold the Land for public use forever for street and/or utility purposes.
Grantor also grants to Grantee the temporary construction easements, slope
easements and dra}nage easements adjacent to the Land described and depicted on the
plat attached hereto as Exhibit "2" and incorporated herein by reference for all purposes.
Said temporary construction easements shah terminate upon completion of the MacArthur
Extension and its acceptance by Grantee. Said slope easements shall terminate upon
Grantee's acceptance of a future fill of the slope easement area.
EXECUTED this the
day of , 1990.
UNIVEST PROPERTIES, INC.
STATE OF TEXAS )
)
COUNTY OF DALLAS )
By:
Glen A. Hinckley
Univest Properties, Inc.
12201 Merit Drive
Suite 170
Dallas, Texas 75251
Its, President
THIS INSTRUMENT was acknowledged before me on the day of ,
1990, by Glen A. Hinckley, President, of UNIVEST PROPERTIES, INC. a Texas corporation,
on behalf of ssaid corporation.
CK90-0127 Deed
Notary Public in and for the State of Texas
Printed name of Notary
My Commission expires:
Deed Exhibit "1"
(same legal description as Contract Exhibit "A")
Deed Exhibit "2"
(same drawing as Contract Exhibit "B")