CF-Park Land-CS 950109 THAT, VISTA PARTNERS, a Nevada general partnership
("Grantor"), for and in consideration of the sum of Ten and
No/100 Dollars ($10.00) cash in hand paid by THE CITY OF
COPPELL, TEXAS, a political subdivision of the State of Texas
("Grantee"), whose address is 255 Parkway Boulevard, P.O.
Box 478, Coppell, Texas 75019, and other good and valuable
consideration, the receipt and sufficiency of which are hereby
acknowledged by Grantor, has GRANTED, BARGAINED, SOLD, and
CONVEYED, and by these presents does GRANT, BARGAIN, SELL, and
CONVEY unto Grantee, the real property more particularly
described on Exhibit "A" attached hereto, together with all
improvements located thereon (the "Property").
This conveyance is being made by Grantor and accepted by
Grantee subject only to those certain title exceptions set
forth in Exhibit "B" attached hereto and made a part hereof
for all purposes, but only to the extent that such exceptions
are valid, existing, and, in fact, affect the Property.
Ad valorem taxes for the year of this deed have been
prorated; accordingly, Grantee assumes responsibility to pay
all ad valorem taxes on the Property for such year.
TO HAVE ~ TO HOLD the Property, together with, all and
singular, the rights and appurtenances thereto in anywise
belonging, to Grantee and Grantee's heirs, executors,
administrators, legal representatives, successors, and assigns
forever; and subject to the exceptions set forth on the
attached Exhibit "B", Grantor does hereby bind Grantor and
Grantor's heirs, executors, administrators, legal
representatives, successors, and assigns to warrant and
forever defend, all and singular, the Property unto the
Grantee and Grantee's heirs, executors, administrators, legal
representatives, successors, and assigns, against every person
whomsoever lawfully claiming or to claim the same, or any part
thereof by, through, or under Grantor, but not otherwise.
Grantee acknowledges that, except for the special
warranty of title contained in this Deed and except for any
representations, warranties, or obligations of Grantor and
Grantee that otherwise survived the closing of the transaction
represented by this Deed:
(1) Grantee acknowledges and agrees that none of Grantor
or its agents or representatives has made any
- 1 - 70950001:]324
95007 O1993
representations or warranties as to the Property or its
environmental or physical condition upon which Grantee
has relied;
(2) Grantee acknowledges and agrees that GRANTOR HAS NOT
MADE, DOES NOT MAKE, AND EXPRESSLY DISCLAIMS, ANY
WARRANTIES, REPRESENTATIONS, COVENANTS OR GUARANTEES,
EXPRESSED OR IMPLIED, OR ARISING BY OPERATION OF LAW, AS
TO THE MERCHANTABILITY, HABITABILIT%r, QUANTITY, QUALITY,
OR EN~IRO~NTAL CONDITION OF T~E PROPERT~ OR ITS
SUITABILIT~OR FITNESS FOR AN~ PARTICULAR PURPOSE OR USE;
(3) Grantee acknowledges and agrees that it has
thoroughly investigated and thoroughly inspected the
Property and is familiar and satisfied with all aspects
of the physical condition of the Property and has made
its own determination as to the merchantability,
habitability, quantity, ~uality and condition of the
Property, including, without limitation, the possible
presence of Hazardous Materials at, on, in, or under the
Property and the Property's suitability or fitness for
any particular purpose or use;
(4) Grantee unconditionally accepts the Property in its
present condition on an 'AS IS", 'WHERE IS' and "WITH ALL
FAULTS", including environmental, basis, and acknowledges
that without this unconditional acceptance the sale of
the Property would not be made and that Grantor shall be
under no obligation whatsoever to undertake any repair,
alteration, remediation or other work of any kind with
respect to any portion of the Property;
(5) Grantee, and Grantee's successors and assigns,
expressly and unconditionally release Grantor and
Grantor's affiliates, successors, and assigns from any
and all responsibility, liability, obligations, and
claims (whether known or unknown, apparent, non-apparent,
or latent, and whether existing prior to, at, or after
the date of this Deed) that Grantee and its successors
and assigns may now or hereafter have against Grantor and
Grantor's affiliates, successors, and assigns based, in
whole or in part, upon the presence of Hazardous
Materials at, on, in, or under the Property, including,
without limitation, any obligation to take the Property
back or reduce the Purchase Price and including any
actions for contribution or indemnity; and
(6) The term "Hazardous Materials" as used in this Deed
means any substances (a) the presence of which requires
reporting, investigation, or remediation under any
current federal, state, or local statute, regulation, or
ordinance or (b) which are currently defined as hazardous
waste, hazardous substances, toxic substances, regulated
substances, pollutants, or contaminants under any current
federal, state, or local statute, regulation, or
ordinance.
- 2 - 70950001: 1324
95007 0199
EXECIFI~D to be effective the '~JT~· day of January, 1995.
GRANTOR:
VISTA PARTI~ERS, a Nevada general
partnership
By: VISTA MORTGAGE & REALTY, INC.,
a Delaware corporation, its
managing general partner
By: c_~~J_._~____---]
~les '~-~ry II/
Executive Vice Pr~ident
GRANTEE:
TI{E CIT~OF COPPELL, TF_~3%S, a
political subdivision of the State
of Texas
Tit~:
Date:
THE STATE OF TEXAS
COUNTY OF DALLAS
This instrument was acknowledged before me on January ~,
1995, by F. CHARLES EMERY II, Executive Vice President of
VISTA MORTGAGE & REALTY, INC., a Delaware corporation, the
managing general partner of VISTA PARTNERS, a Nevada general
partnership, on behalf of said partnership.
~ota~ P~blic, ~tate of Texas
My C
Pri/nted/Typed Name
- 3 - 70950001:1324
95007 01995
THE STATE OF TEXAS
COUNTY OF DALLAS
This instrument was acknowledged before me on~!~z~ $ ,
199~- , by ~;~
~/~~ of THE CITY OF COPPELL, TEXAS, a political
subdivision of the State of Texas, on behalf of said political
subdivision.
Notary Public, State of Texas
My Commission Expires:
,~/,, t~' /~?~ Printed/Typed Name
~,/ July 15, 1998
- 4 - 70950001:1324
95007 01996
Exhibit A
BEING a tract of land situated in the J. Parrtsh Survey, Abstract No. 1139, and
the S.A. and M.G.R.R. Survey, Abstract No. 1&42, City of Coppell, Dallas
County, Texas, and being a portion of that certain 16.741 acre tract conveyed
to Vista Partners by instrument of record in Volume 93184, Page 4526 of the
Deed Records of Dallas County, Texas, and being more particularly described by
metes and bounds as follows:
BEGINNING at a 1/2" iron rod found for the southeast corner of the above
mentioned 16.741 acre tract of land from which a 1/2" iron rod found bears
North 00 degrees 07 minutes 27 seconds East, 0.38 feet;
THENCE along the south line of said 16.741 acre tract of land, South 89 degrees
05 minutes 58 seconds West a distance of 947.66 feet to a 1/2" iron rod found
for an interior ell corner of that certain 12.9798 acre tract ("Tract l-D")
conveyed to RPG Estates, Ltd. by instrument of record in Volume 92118, Page 573
of the Deed Records of Dallas County, Texas;
THENCE along the common line of said "Tract l-D" and said 16.741 acre tract the
following two (2) courses:
(1) North O0 degrees 02 minutes 48 seconds East a distance of 210.00 feet
along a wire fence to a 1/2" iron rod found for corner;
(2) South 89 degrees 05 minutes 58 seconds West a distance of 112.56 feet along
a partially down fence to a 1/2" iron rod found for corner on the east
right-of-way line of MacArthur Boulevard (100' R.O.W.);
THENCE along said east right-of-way line the following two (2) courses:
(1) North O0 degrees 54 minutes 02 seconds West a distance of 12.76 feet to a
1/2" iron rod found for ~ point of curvature;
(2) 196.8& feet along the arc of a tangent curve to the right, having a radius
of 1100.00 feet, a central angle of 10 degrees 15 minutes 11 seconds, and a
chord bearing and distance of North 04 degrees 13 minutes 33 seconds East,
196.58 feet to a 1/2" iron rod set for a point of tangency;
THENCE departing said east right-of-way line South 62 degrees 21 minutes 33
seconds East, a distance of 143.98 feet to a 1/2" iron rod set for a point of
curvature;
THENCE 330.96 feet along the arc of a tangent curve to the left, having a
radius of 689.13, a central angle of 27 degrees 31 minutes O0 seconds, and a
chord bearing and distance of South 76 degrees 07 minutes 03 seconds East,
327.79 feet to a 1/2" iron rod set for corner;
THENCE South 89 degrees 52 minutes 33 seconds East, a distance of 277.03 feet
95007 01997
Exhibit A (Continued)
to a 1/2" iron rod set for corner;
THENCE North O0 degrees 07 minutes 27 seconds East, a distance of 444.07 feet
to a 1/2" iron rod set in the south line of a 10.000 acre tract of land
described in a deed to Carrollton - Farmer's Branch Independent School
District, recorded in Volume 89075, Page 274 of the Deed Records of Dallas
County, Texas;
THENCE South 89 degrees 52 minutes 33 seconds East a distance of 323.40 feet to
a 5/8" iron rod found for corner in a fence line, said iron rod being on the
West line of the David Myers Survey, Abstract No. 886 and the West property
line of that certain 34.6054 acre tract conveyed to Sandy/Mac Partners, Ltd. by
instrument of record in Volume 93071, Page 161, Deed Records, Dallas County,
Texas;
THENCE South O0 degrees 07 minutes 27 seconds West and along said fence and
West property line a distance of 699.47 feet to a POINT OF BEGINNING and
containing 9.7413 acres, 729,256 square feet of land area, more or less, within
these metes and bounds.
95007 01998
EXHIBIT
1. Standby fees, taxes and assessments by any taxing
authority for the year 1995, and subsequent years, and
subsequent taxes and assessments by any taxing authority
for prior years due to change in land usage or ownership.
2. Right of Way easement executed by Hattie M. Lesley et al,
to Texas Power & Light Company, dated 08/09/65, recorded
in Volume 657, Page 106, Deed Records of Dallas County,
Texas, and shown on survey dated 01/03/95, prepared by
G. Dennis Qualls, R.P.L.S. No. 4276.
3. An easement to Southwestern States Telephone Company,
dated 03/01/55, executed by Helen L. Johnson, recorded in
Volume 4211, Page 33, Deed Records of Dallas County,
Texas.
4. Right of Way easement executed by Hattie May Lesley et al
to City of Dallas for water mains, dated 05/03/72,
recorded in Volume 72104, Page 2166, Deed Records of
Dallas County, Texas, and shown on survey dated 01/03/95,
prepared by G. Dennis Qualls, R.P.L.S. No. 4276.
5. An easement to Coppell Municipal Utility District No. 1,
dated 04/28/75, executed by Estate of H.W. Klein,
recorded in Volume 75142, Page 1396, Deed Records of
Dallas County, Texas, and shown on survey dated 01/03/95,
prepared by G. Dennis Qualls, R.P.L.S. No. 4276.
6. Right of Way easement executed by George S. Hiland,
Trustee, to Texas Power & Light Company, dated 02/19/79,
recorded in Volume 79069, Page 121, Deed Records of
Dallas County, Texas, and shown on survey dated 01/03/95,
prepared by G. Dennis Qualls, R.P.L.S. No. 4276.
7. Right of Way easement executed by Helen L. Johnson to
Brazos River Transmission Electric Cooperative, Inc.,
dated 12/13/41, recorded in Volume 92167, Page 1732, Deed
Records of Dallas County, Texas.
8. Mineral and/or royalty interest, as described in
instrument executed by Mrs. Ocia B. Pruitt et al to
Helen L. Johnson, dated 11/19/37, recorded in
Volume 2041, Page 492, Deed Records of Dallas County,
Texas.
Exhibit "B" 70950001:1324
95007 0 999
_ 000;~0 LO0~6 -
FILED
95JAHIO PM 3:3
COL;;~;'i-Y CLERK
BALL"" '
,-,,~ COUhTY
AFTER RECORDING RETURN TO:
Republic Title of Texas, Inc.
300 Crescent Court, Suite 100
Dallas, Texas 75201
Attn: Janine N. Barber