CF-TownC CHC-CN 821230CONTRACT OF SALE
STATE OF TEXAS ) " =. '
)
COUNTY OF DALLAS )
THIS CONTRACT OF SALE ("Agreement") is made by and
between the PARKS OF COPPELL JOINT VENTURE II (hereinafter
'Owner") and the CITY OF COPPELL, a municipal corporation and
political subdivision of the State of Texas (hereinafter
"City") upon the terms and conditions set forth herein.
ARTICLE I
DEFINITIONS
The following terms shall have the meaning set forth
unless the context clearly requires otherwise:
"Property" - The approximately 766 acres of land owned
by Owner located within the City, as more particularly
described in the attached Exhibit "A", which is incorporated
herein by reference.
"Municipal Center Site" - The approximately 8 acres of
land located within the Property, as more particularly
described in the attached Exhibit "B", which is incorporated
herein by reference.
"Park Site" - The approximately 164.9 acres of land
located within the Property, as more particularly described in
the attached Exhibit "C", which is incorporated herein by
reference.
"Zoning Plan" - The zoning for the Property, approved
by the City Counci~ of the City on June 22, 1982, and evidenced
by Ordinance No. 204-~-16, dated July 27, 1982, as more
particularly set forth in the attached Exhibit "D", which is
incorporated herein by reference.
"Zoning Ordinance" - Ordinance No. 204, as amended, as
adopted by the City of Coppell.
"Sub-Dfvision Ordinance" - Ordinance No. 185, as
amended, as adopted by the City of Coppell.
ARTICLE II
PURCHASE AND SALE
Owner hereby agrees to convey and City hereby agrees
to purchase the Municipal Center Site and Phase I (hereinafter
designated) of the Park Site, together with all and singular
the rights and appurtenances pertaining thereto, in accordance
with the terms of this Agreement, it being understood that
Owner is simultaneously .granting to City options to purchase
the balance of the Park Site (Phases II and III thereof
hereinafter designated) under separate option agreements of
even date herewith.
ARTICLE III
PURCHASE PRICE
A. Municipal Center Site. The purchase price for
the Municipal Center Site shall be Three ~undred Sixty-One
Thousand Two Hundred Ninety-Two and No/100 Dollars
($361,292.00). The number of gross square feet~ has been
determined by survey as provided in Article VI hereinafter.
The purchase price for the Municipal Center Site shall be paid
by City to Owner on the Closing Date, as hereinafter defined,
in cash or by cashier's check payable to the order of Owner.
B. Park Site Phase I. The purchase price for Phase
~ of the Park Site shall be Two Hundred Thirty-Thre6 Thousand
Seven Hundred Fifty and No/100 Dollars ($233,750.00) for the
approximately 51.34 acres designated "Phase I" on Exhibit "C".
The purchase price for Phase I of the Park Site shall be paid
in cash or by cashier's check payable to the order of Owner.
ARTICLE IV
CONDITIONS PRECEDENT TO OBLIGATIONS
BY O~NE R
The obligation of Owner to consummate this Agreement
shall, at the option of Owner, be subject to the following
conditions precedent, any or all of which may Be waived in
whole or in part by Owner in its sole discretion. It is
agreed, however, that City shall perform any particular waived
condition following Closing upon Owner's request, any such item
being a covenant which shall survive closing.
!. The Zoning Plan shall be in full force and effect
on the Closing Date.
2. The City Council of the City shall continue to
agree that the prb~er interpretation of the Sub-Division
Ordinance with respect to the Property shall allow for the
Property to be developed as follows, it being agreed that such
inter~pretation and the resulting application of the
Sub-Dfvision Ordinance is the normal and reasonable course in
light of all relevant circumstances:
(a) No perimeter alleys shall be required
between developments in different zoning classifications;
(b) Residential lots may front on Moore,
Deforest, Lodge, Heartz, Sandy Lake and Denton Tap Roads
and Parkway Boulevard, provided that rear access driveways
are provided for such lots;
(c) Moore, Deforest, Lodge and Heartz Roads and
Parkway Boulevard shall have sixty foot (60') rights-of-way
with forty-four foot (44') wide paving, provide~ that
Parkway Boulevard shall be a divided thoroughfare from
Denton Tap Road to Heartz Road with two twenty-four foot
(24') paving sections in seventy-four feet (74') of
right-of-way;
(d) On Moore, Deforest, Heartz and Lodge Roads
and Parkway Boulevard, paving of only twenty-four feet
(24') in width shall be required until such time as a final
plat is filed of record for the property on the opposite
side of such road;
(e) Denton Tap and Sandy Lake Roads shall have
one hundred twenty foot (120') rights-of-way, provided
neither Owner nor its successors or assigns shall be
required to construct, grade, pave or provide drainage for,
or be specially assessed for the construction, grading,
paving or draining, of such roads;
(f) Sidewalks shall not be required to be
constructed until such time as a building permit is issued
for a particular lot or parcel; at such time, the sidewalk
may be constructed at the street curb line;
(g) Funds normally escrowed or used for
completion of perimeter streets upon approval of a final
plat may be used to build other collector streets in the
Property, provided that Owner enters into an agreement at
the time to replace such. funds when a subsequent tract
within the Property obtains final plat approval.
The deferral of the following perimeter street
escrow or construction requirements and the following
replacement substitution is acceptable to the City. Other
deferrals and replacements requested by Owner will be
reviewed by the City on an individual basis for approval,
such approval to not be unreasonably withheld.
(i) Deforest Road adjacent to the east side
of Tract 17 - to be deferred at the platting of the
approximate south one-half (1/2) of Tract 17 and to be
replaced with the platting of the remainder of Tract
17.
(ii) Lodge Road adjacent to the west side of
Tract 11 - to.be deferred at the platting of Tract 11
and to be replaced with the platting of Tract 9.
(iii) Moore Road adjacent to the west side of
Tract 17 - to be deferred at the platting of Tract 17
and to be replaced with the platting of Tract 10.
(iv) Deforest Road adjacent to the east side
of Tract 15 - to be deferred at the platting of Tract
15 and to be replaced at the platting of Tract 4
(e~cept for Parkway Boulevard right-of-way)-
(v) Deforest Road adjacent to the east side
of Tract 14 - to be deferred at the platting of TraCt
14 and to be replaced with the platting of Tract 6
(except for Parkway Boulevard right-of-way)-
(vi) Owner may substitute other tracts
within the Property for any ,'replacement" tract
provided Owner can reasonably demonstrate to the City
that the substitute tract has equal or better
development potential as the tract for which it is
substituted.
(h) Enclosed storm sewers shall be provided by
Owner in all areas where the quantity of the accumulated
storm runoff does not exceed the capacity of a thirty-six
inch (36") diameter reinforced concrete pipe on the maximum
available slope, as determined by Owner's engineers; where
such capacity would be exceeded, open drainage channels may
be constructed at Owner's option for the colleCtor'.channels
in such areas within the Property;~
(i) Consent to borrow from or fill ar~as within
any designated floodway will not be unreasonably withheld
by the City;
(j) The electrical distribution system shall be
permitted to be overhead along Sandy Lake, Denton Tap,
Heartz, Moore, Lodge and Deforest Roads and Parkway
Boulevard and around the perimeter of each separately
numbered zoning tract; within each separately numbered
zoning tract, the electrical distribution system shall be
underground except as provided above;
(k) Filing of a final plat for an area shall
constitute acceptance by the City of the streets for
maintenance within such areas. It is agreed, however, that
Owner and City shall not cause to be filed any previously
approved plat until such streets have been constructed in
accordance with the city specifications and accepted by the
City of Coppell for maintenance as provided in the
Subdivision Ordinance.
(1) The one-time Park Fee normally imposed by
the City shall apply to the Property, provided, however,
any Park Fee or similar Charge imposed by the City shall
not exceed Five Hundred Dollars ($500.00) for any net acre
within the Property not conveyed to City pursuant hereto.
Proceeds of any such fee shall be used by City either to
make payments on the Note or to develop the Park Site. Any
such fee due by Owner with respect to the first phase of
development by Owner within the Proper'ty shall be payable
at such time as Owner receives final approval of its second
plat submitted for.an area within the Property; and
(m)-~ Owner shall not be required to build water
and sanitary sewer lines with the construction of Parkway
Boulevard. Those lines to be located in the Parkway
Boulevard right-of-way shall be constructed when and as
those tracts adjacent to Parkway Boulevard are developed.
3. The City Council of the City shall have taken
appropriate steps, including the adoption of such ordinances,
if any should be necessary, in order that:
(a) Owner will not be required to participate in
any manner in the construction of an extension of Moore
Road north of the floodway line.
(b) The City will have abandoned Lodge Road
along the southern boundary of Tract 9 as shown on the
Zoning Plan; :
(c) The City will have approved a master
drainage plan for the Property prepared by Threadgill-Dowdy
& Associates, Inc., which will include the location of any
fill or borrow areas needed for restoration of mined areas
and the location of any berm that may be proposed to be
constructed;
(d) The City will have granted its consent to
the use of fill or borrow areas located on the Park Site or
elsewhere as may be specified by Threadgill-Dowdy &
Associates, Inc.; and
(e) The City will have agreed to accept water
detention areas as shown on the master drainage plan for
maintenance purposes.
ARTICLE V
ADDITIONAL AGREEMENTS
In consideration of the mutual undertakings set out in
~his Article V, and as additional consideration for the -
purchase and sale of the Municipal Center Site and said Phase
I, and the granting of the options referenced in Article
above, Owner and City covenant and agree as follows, it being
understood that such covenants and agreements are normal and
reasonable provisions in light of all the circumstances:
1. The City shall pay its pro rata share of all
utilities, paving, culverts, bridges, drainage, and other
actual costs of improvements constructed adjacent to or
that benefit the Municipal Center Site or Park Site.
Attached as Exhibit "E" is a preliminary estimate by
Threadgill-Dowdy & Associates, Inc., consulting engineers,
of City's pro rata (see items A, C and D thereof) share of
Parkway Boulevard adjacent to the Municipal Center Site, it
being agreed that actual costs may vary substantially from
Exhibit E. City's pro rata share shall be payable within
fifteen (15) days after certification from-Owner's engineer
that all such improvements or parts thereof have been
completed to the standards of the City of Coppell or
construction draws have been appropriately certified.
Owner agrees that City may construct the north one-half of
Parkway Boulevard adjacent to the Park Site subsequent to
Owner's construction of the South one-half of Parkway
Boulevard, and City agrees to complete construction of the
North one-half of Parkway Blvd. no later than three (3)
years following closing. All street rights-of-way around
the perimete~ of such sites shall be located one-half on
such sites. The City shall dedicate such rights-of-way on
or before the written request of Owner to City.
2. The City will not unreasonably deny permits
requested by Owner for the burning of vegetation, brush,
and trees cleared from the Property.
· 3. In areas of the Property zoned Multi-Family
2 in accordance with the Zoning Plan, a courtyard area and
swimming pool for the private use of'the occupants of those
projects will be provided;
4. A merchants' association with agreement of
Owner, shall maintain any landscaping adjacent to the
proposed Main Street as shown on the Zoning Plan for a
period of ten (10) years after construction of Main Street
commences; provided that such area shall be dedicated to
the public, that the City will make water for such
maintenance purposes-available free of any and all charges,
cost or expense, and that the City will be responsible for
maintenance after such ten (10) year period;
5. If the City should ever act to dissolve or
acquire the assets of the Coppell Municipal Utility
District No. 1 ("CMUD"), it will assume and make payment,
at maturity, of any outstanding Bond Anticipation Notes
issued to Owner by such utility district and honor any
agreements between Owner and CMUD by assuming ~ny '.
outstanding obligations or contracts of the CMUD made with
the Owner. ~'
6. The Municipal Center Site and Park Site
shall be used by the City in accord with the zoning of such
sites under the Zoning Plan and the City shall not change
the Zoning Plan with respect to.such sites. All use and
construction on such sites shall be subject to the same
restrict/we covenants as are placed on parts of the
Property zoned Town Center, including the requirement of
plan approval by any architectural review board, or any
similar board, established for areas within the Property
adjacent to the Municipal Center Site.
7. Owner acquired the Property for investment
purposes and desires ~o maintain an investment in real
estate following conveyance of the relevant parts of the
Property =o City. To this end, Owner desires to effect a
tax deferred, like-kind exchange pursuant to Section 1031
of the Internal Revenue Code of 1954, as amended, and in
connection therewith, City agrees to cooperate with Owner
so long as City shall not become subject to monetary
obligations or monetary liabilities greater than those
contained in this Contract, and Owner does hereby indemnify
and hold City harmless from and against any and all
liability arising udder, resulting from or in connection
with the exchange contemplated by Owner. Without limiting
Owner's general rights as herein stated, Owner shall have
certain specific rights to effect an exchange transaction
under this Contract. At any time before the Closing Date,
Owner shall have the right to elect tO make this an
exchange transaction rather than a sale transaction by
giving City written notice to that effect. If Owner elects
to make this an exchange transaction, City shall make a
good faith ef-~ort to purchase, on terms and conditions
reasonably determined by Owner, one or more parcels of-real
property to be designated by Seller (the "Exchange
Property'). Any contract City may enter into for the
Exchange Property shall be freely assignable to Owner,
without consent, by City and shall provide that City has no
liability thereunder except for any earnest money which may
be required to be deposited thereunder. In the event the
seller o~ the Exchange Property alleges any default
thereunder, ~ity will have the right to assign, and Owner
will assume .and release City from any obligations and
liabilities arising under the contract for the Zxchange
Property, in which event an amount equal to the amount of
any earnest money deposited by City for the purchase of the
Exchange Property shall be immediately paid by Owner to
City. The total cost (including prorations and normal
closing costs) to City of acquiring and holding the
Exchange Property shall not exceed the applicable purchase
prices as set forth herein. On the Closing Date, City
shall transfer the Exchange Property to Owner by Special
Warranty'Deed in exchange for. those portions of the
Property to be conveyed pursuant hereto and shall remit any
portion of such purchase prices which was not expended in
acquiring or holding the Exchange Property. In the event
that the Exchange Property has not been located on the
Closing Date, Owner may elect to convey the appropriate
portions of the Property to City pursuant to a deferred
"Starker' exchange. In such event, Owner, on the Closing
Date, shall convey or cause such portions of'the.Property
to be conveyed to City, and all or. part of the aforesaid
purchase prices, at Owner's option, shall be applied in
connection with such deferred exchange to acquire ~he
Exchange Property on such basis as Owner may direct.
8. City acknowledges that the Park Site and
'Municipal Center Site are being acquired in an undeveloped
status and are within the 100 year Flood Plain as
.established by the Federal Emergency Management Agency
and/or the U.S. Corp of Engineers and are subject to
inundation of water ~rom time to time. City agrees to use
all excavation material from the Park Site (except
marketable gravel deposits) first for filling areas of the
· Park Site and Municipal Center Site as designated by Owner
from time to time. Owner shall have the right to select in
its sole discretion the method of future flood control to
.be u~ilized on the Property (whether by fill, levee system,
~r a combination thereof or any other feasible methed) and
City agrees that its flood control method employed for the
Park Site and Municipal Center Site shall be consistent
with the method used for the Property as determined by
Owner.
9. Owner agrees to construct Parkway Boulevard
from Denton Tap Road to ~eartz Road, and to commence such
construction within one (1) year of Closing.
10. City agrees to build, at its cost, a sixteen
inch (16") water line along the east side of Denton Tap
Road from Sandy Lake Road to Parkway Boulevard to provide
water service to the Park Site and Municipal Center Site,
and City agrees to complete construction of such water line
prior to Owner's completion of utilities to be constructed
in Parkway Boulevard as required by paragraph 9 immediately
above. A preliminary estimate of the cost of such water
line is set'~o~th in item B of F. xhibit ~ attached hereto.
ARTICLE VI
SURVEYS
The Owner has delivered to City, at its cost,
perimeter surveys of the Municipal Center Site and Phases I, II
and III of the Park Site. Such surveys, which are acceptable
to City, state the gross number of sguare, feet in the Municipal
Center Site and =he gross number of acres in each of Phase I,
II and III of the Park Site, including certain areas to be
dedicated by =he City as rights-of-way pursuant =o Article V
above. If the closing of the purchase of such sites fails to
occur for any reason, the City shall promptly reimburse Owner
for the cost of such surveys.
ARTICLE VII
MODIFICATION OF LIENS
The obligation.-of Owner to consummate this Agreement
is expressly'subject to Owner obtaining modifications of the
release provisions contained in the Deeds of Trust affecting
the Municipal Center Site and Park Site satisfactory to it in
order that it can convey such sites in accordance with this
Agreement. Owner shall use all reasonable effort to obtain
such modifications.
ARTI CL~ l/III
TITLE POLICY
Within fifteen (15) days after City executes and
delivers this Agreement, Owner, at Owner's sole cost and
expense, shall cause to be delivered to City an Owner's Title
Policy Commitment (hereinafter the "CommiT_~ent") issued by
Chicago Title Insurance Company, 2001 Bryan Tower, Dallas,
Texas (hereinafter the 'Title ~ompany") and accompanied by
certified copies of all recorded documents relating to
restrictions, easements and other matters affecting the
Municipal Center Site and Phase I of the Park Site. City shall
give Owner written notice on or before the expiration of two
(2) days after it receives the Commitment and said 6opies of
documents, if any encumbrances listed in the Commitment are not
satisfactory to City. In the event City gives notice, that any
encumbrances are not satisfactory, Owner may undertake to
eliminate or modify all such unacceptable matters to the
reasonable satisfaction of City. In the event Owner is unable
or unwilling to do so within one (1) day after receipt of such
written notice, City may, at its option, terminate this
Agreement, in which event neither party hereto shall have any
further obligation or liability hereunder. If such notice is
not given by City to Owner, the encumbrances shall be deemed to
be acceptable and any objection thereto shall be deemed to be
waived for all purposes. Notwithstanding anything herein to
the contrary, existing deed of trust liens and utility
easements shall not be the subject of objection by .City.
ARTICLE IX
CLOSING
The closing shall be held at the office of the Title
Company at 10:00 A.M. on December 31, 1982, unless held upon an
earlier date agreed upon by City and Owner (the "Closing Date").
On the Closing Date, Owner shall:
1. Deliver to City duly executed and acknowledged
Special Warranty Deeds in forms attached hereto as Exhibits ~ ,
Patak and ~ for the Municipal Center Site and Phase I of the
Site, each conveying good and marketable title in fee
simple, free a~d clear of any and all liens, encumbrances,
conditions, easements, assessments, and restrictions, except
those approved by City;
2. Cause to be issued to City an Owner's Title
Policy in the amount of the total purchase price insuring such
title; and
3. Deliver'to City possession of the Municipal
Center Site and Phase I of the Park Site.
On the Closing Date, City shall pay in cash the
purchase price to Owner-as set forth in Article III hereof.
General real estate taxes for the then current year
relating to the Municipal Center Site and Phase I of the Park
Site shall be prorated as of the Closing Date and shall be
adjusted in cash on the Closing Date. If the Closing Date
shall occur before the tax rate is fixed for the then current
year, the apportionment of taxes shall be upon the basis of the
tax rate for the then preceding year applied to the latest
~ assessed valuation. If the Title Company has not made a final
determination of the ad valorem taxes due, then Owner shall
remain obligated to pay the correct and final taxes following
closing.
Other costs of closing and consummating the sale and
purchase shall be borne and paid as follows:
(a) Owner's Title Policy shallbe obtained and paid
by Owner;
(b) Escrow fee, if any, shall be paid by City;
(c) Filing Fees shall be paid by City; and
(d) Owner and City shall each pay their own
attorneys' fees.
ARTICLE X
CONTINUING AGREEMENT
The agreements and covenants set forth in this
Agreement are prospective in nature and shall not be merged
into the closing of the conveyances contemplated, but shall
survive such closing. The City acknowledges that the Owner
intends to retain and develop for purposes of leasing to
tenants and for investment the balance of the Property not to
be conveyed to City pursuant hereto or the aforementioned
option agreements and that consequently the Owner would not
have agreed to sell the Municipal Center Site and Phase I of
the Park Site but for the agreements contained in this
Agreement, including without limitation, the provisions of
Articles IV and V and this Article X. Therefore, City hereby
agrees that it will not, without the written consent of Owner
or the owner of the part of the Property that would be
affected, through the adoption of new or amended ordinances or
any other method/'deny or alter Owner's right, and the right of
subsequent owners of any part of the Property, to develop the
Property in accordance with the Zoning Plan, the continuing
interpretation of the Sub-Division Ordinance, and the
agreements contained in Articles IV and V hereof, and to
enforce any other agreements made by the City, for a twenty
(20) year period commencing on the date of execution of this
Agreement by Owner. Should the City do so, or directly or
indirectly act or fail to act in a manner which would impair
the position or rights of Owner contemplated by this Article X,
Owner shall have the right to repurchase Phase I of the Park
Site for an amount equal to the purchase price paid by City to
Owner, which right shall be set forth in the Special Warranty
Deed to be delivered by Owner pursuant to Article IX
hereinabove and in a short form recordable memorandum of this
Contract of Sale to be executed and delivered at Closing in
form satisfactory to Owner.
ARTICLE XI
BREACH BY OWNER
If Owner fails fully and timely to perform any of its
obligations hereunder or fails to consummate the sale of the
Municipal Center Site and Phase I of the Park Site for any
reason, except City's default hereunder, or City or Owner's
termination of this Agreement pursuant to the terms hereof,
City's sole remedy is to enforce specific performance of this
Agreement.
ARTICLE XII -.
BREAC~ BY CITY
If City shall fail to consummate the purchase of the
Municipal Center Site and Phase I of the Park Site, the
conditions to City's obligation have been satisfied and City
being in default and Owner not in default hereunder, Owner as
its sole remedy may enforce specific performance of the City's
obligations hereunder, except that Owner shall not have a right
to enforce specific performance to require the City to purchase
all Or any part of the Municipal Center Site or Phase I of the
Park Site. ~
ARTICLE XIII
MISCELLANEOUS
Parties Bound'
This Agreement shall be binding upon and'shall inure
to the benefit of the parties hereto and their respective
heirs, executors, administrators, successors and assigns,
including all owners of any part of the Property.'
Prior Agreements Superseded
This Agreement and the aforementioned option
agreements of even date herewith, constitute the sole and only
agreements of the parties hereto and supersede-all prior
understandings and written or oral agreements between the
parties respecting the within subject matter.
Time of the Essence
Time is of the essence of this Agreement.
EXECUTED AND DELIVERED
By City on /~-~O , 1982
City Secr~ary J
EXECUTED AND DELIVERED
By Owner on /D/~o ,
1982
"CITY":
CITY OF COPPELL//~
:
PARKS OF COPPELL JOINT
VENTURE I I
By Mh~ing Venturer
· ,. I=~IBIT A
EING 766.112 acres of land in three parcels situated in the S. M. ttlatt ~ul-vey, Abstract
~ber 638, Dallas ~un=~, Texas, ~b~ B.B.~. ~ C.~.R. ~. Sudsy, ~s=ra=t Number 200,
lll~ ~un~y, Tens, =he ~. A. Trimble Sudsy, ~stract Number 1268, Dallas Coma=y, Texas,
~s~ract Number 1268, Denton County, Texas~ the heirs of Gilbert C. Uoolsey Sudsy, Abs~rac~
~ber 10a~, Dallas ~un~y, Te~s, the Alfred Lo~sdon Sudsy, l~st~act ~u~er ?83, Dallas
~un~, Texas~ Ihs ~ibered ~enderson ~u~ey, ~stract Number 629, Dallas County, Texas,
lari~ Squires 5u~ey, ~strac~ Number 1327, Dallas County, Te~a, ~he ~.A. & ~.G.R.~.
~r~t, ~stract Number 1130~ Dallas ~unty, T~as, and ~he George ~. Jack Su~y, ~s~ract
u~er ~Di, Dallas ~un~, Te~s; and bein~ more particularly described as
£I~G 1~1.335 acres of land situated in the said George ~. Jack Survey, the said S.A.'&
..C.P-IL. Survey, and the said Clarinda Squires Survey and bein~ · portion of that certain
.roc~ of land as described in deed from Good Financial Co~. ~o H. DouElas Adkins, Truslee,
.s re~rded in ~ol~e 76188, ~age 2355, Deed Records, Dallas County, Texas and being
lescribed .~ follows:
:~:IN~ at the cenlerline i~tersection of Denton Tap ~ad, ~th Sandy ~ke Road;
~ N. 03 degrees 18 ~nules 58 seconds ~est, ~:h :he Centerline of Denton Tap Road
~32.~ lest;
.~ N 01 degree 00 ~inules 58 seconds ~est, ~:h said cenle~line~ 1355.27 feel;
~ S 88 aegrees 59 ~nutes 02 seconds ~es:, 50.00 feet to Ihs point of
;aid ~i~: lying on :he gest right-of-raY llnt of said Denton Tap ~ad~ and being
~or:h~st co,er of a tract of lan~ as describe~ by teed ~o :lifto~ K. ~:a~, i~
~69iI, ~age ~1~03., Deed Records, Dallas~unty,-Texas; '
~ S 89 degrees 09 ~nutes 37 seconds ~es:,-~th the North lint of said ~Gra~ tract,
227.10 feet;
~ S 00 'degrees 50 minutes 23 ~econds ~st, ~tb :he ~esl.liue-of_~ai~ McGrav
~ S B9-degrees 09 ~nutes 3{ ~econds gest,-~th ~he ~orth l~ne of a tract of !and
as aescribed ~7'~-to ~ilt~.~o~,~olu~e ~2~5~, ?age 2335, Deed Records, Dales
~ S O0 desrees ~0 ~nuzes 23 seconds boY, ~h Ihs 9esr line. of said RousZ~ Trac~,
~ S 89 de,tees 09 ~nu~es :37 ~econds ~es~,. ~h ~he .Botch line
s~ o~ lone .as described in Volume 7006~, Page' 1~5, ~ed ~cords,-Dallas-~un~Y~
~ N 01 ~esree' la n~nu~es 33 seconds West,. ~h ~he..~s~,line- ol:o.~rac~ of. land
des~bed by .deed ~o DelMn ~eavre Co~oraviou, in Volume ~0061, .Pa~e-lal5, Deed ~cords,.
~ S 89 ~e~ees ~7 ~nu~es 07 seconds West, .~h n fence l~ne, 2~.20
~ ~ 87 de,tees 35 u~nu~es 0~ ~econ~ West, ~h said fence line, 1~00.~0 fee~;
~C$ ~ 87 desrees ~ minu~es 59 seconds ~es~, ~h said fence line, 2a~.90 fee~
~E ~ 01 desree 37 ninnies 53 seconds ~es~, ~h a fence line 2520.00 ~ee~ ~o a
~he cen~erline o~ ~n~on Creek;
~ ~h ~he ~anders o~ ~he said cen~erline o~ Denton Creek, ~he follo~n~ courses: S 67 desrees 02 ~nu~es 03 seconds hsd, a7.30
S 81 degrees 23 ~nuzes 23 s~onds hsd, 55.70 fee~;
S 57 desrees ~1 ~nu~es 53 secon~ hsd, 89.60
S 35 desrees ~1 ~nu~es 23 seconda ~s~, 101.30 ~ee~;
degrees
S 65 degrees
$ Bg'degrees 39 minutes 23
S 83 degree~ 21 ~Lnutes 23
n oJ degrees ~2 u:Lnutes 37
N 7& degrees 39'~t.f. nutes 37
~ &3 degrees 00 l~utes 37
N 60 degrees 2B~Lnutes 37
S 77 degTees O! ~nutes 23
S 50 de,reds 0~ ~nutes 23
S 57
23 seconds East, 260.T0 feet;
26 ~Lnutes 23 seconds Fast, 69.70 feet;
&2m~nutes 23 seconds Fast, 262.00 feet;
seconds East, 222.00 feetl
seconds ~ast, 21~.7~ feet;
seconds Fast, 202.50 feet;
seconds Fast, 91.O0 feet; -
seconds East, 296.7~ feet;
seconds Fast, ~lO.O0 feet;
seconds East, 236.0~ feet;
seconds ~st,
degrees ii ~Lnutes 23 seconds Y. ast, 5S0.00 feet;
degrees ~ ~Lnutes 23 seconds East~ 272.00 feet;
degrees ii ~nutes 23 seconds Ea~ 3~0.00 feet;
THENCE v~th the said 1assr right-of-raY l~ne; the folibv~ng five'courses:-:':- : --" ': "'
S DO degrees 5! n:Lnutes 58 seconAs ~st,-34lL'B2 feet' to the-~egi~in~ of a cu~e to t~e '
right ~th a radius of 5669.70 feet and a cen:ra~ angle 'of 02 degrees 53 ~nutes _ __
~:~ Southerly ~th .sa~ cu~e, 2BS.32'~eet t~-the end o~ sa~d cu~e; .
~ S O0 degrees 37 ~nutes 3A oeconds'~est,"26X-~O ~eet;" :-~=-: ......... . ~:.~.__..~.
~CE S 06 degrees ~9 ~notes 20 se~ond~ ~est,-321.BB ~eet;' '=
~ S O1 degree O0 ~nutes 58 seconds':~st~ ~A67..36 ~eet 'to .:he point o~ ~egin~.and
contain~ng a ~oss a:~ o~ 7,027.887 square feet o: 161.338 ac:es of
~E2NG 593.8~9 acres o~ len~ situated ~n ~he said S*~;~'G'R'R'' Sudsy. the'se~d Clarinda
Su~ey, the said ~. A. Triable Su~e~, the said ~.~.~-
Squires Sudsy, the sa~d heirs o~ G~bert C. ~oo%sey Sudsy, the sa~d S~bered
Sudsy, :he sa~d A~red ~sdon S.~. H~g~-SU~' and being a port~ o~ .tbt .~rta~n
C.~.L ~- Sudsy, and the said
:tact of ~and as described ~ said deed f:~ Good Financta~ Co~., to ~. Douglas ~kins,
Trustee, ~n 1olume 76~8B~ ~aSe 23~5~ Deed'Records, Da~2as ~unty, T~a~'and be~n&
C~C~G at the sa~d cen:e:~ne ~:e~sect~on of Den~oa Tap ~ad and Sandy ~ke
~ H 03 de,tees ~8 ~nu:es 5~ seconds Vest, ~tb the cente:~ne of sa~d Den:on Tap
~oad~ 78.~0 feet;
~C~ ~ 86 degrees A~ ~nutes 02 seconds ~st~ 50.00 feet to the ~o~nt of ~e~nn~n~
point ~y~nS ~ the ~st r~ht-of~aY ~ne of sa~d ~nton Tap
~CE ~th the s~d ~t ~ght~f-~ay ~ne of Deato~ ~ap ~ad~ the fol~n8 ~ne course~
~ 03 deE:ess ~8 m~nutes 58 seconds gest, ~39.20 feet to the be~nn~ of a cu~e to the
:LEht ~:h a radius of 5679.70 feet and a cen:ra~-aa~e of-O2-deg~ees ~8 ~nu:es -.
O0 seconds;
~C~ Ho::he:~7, ~th ~d cu~e ~o tbs :~Sh:, 227.96 feet to :he end of sa~d cu~e;
the right ~rlth a radius of }679.70 feet end a central angle of 03 ~rees 02 minutes
O0'seconda;
1-FiLrNC£ Northerly, ~rlth
1TIENCE~ 02 degrees O1
THENCE N 07 degrees &3
ITIENC~ 02 degrees Ol
:he left ~rith a radius
~CE ~ ~ degrees 51
Dent~
~CE ~e~anders of the sa~ centerline of Denton Creek, the folloving courses: N T9 &e~ees OT ~nutes 25 seconds ~s:, ~a7.77 feet;
said curve to the right, 300.68 feet to the end of said cutwe;
a~inote 02 seconds ~East, 2dB.&0 feet;
~Lnutes a0 seconds ~ast, 100.50 feet;
~inute 02 seconds ~ast, 551.90 feet to the beginning of a curve to
of 5789.70 feet and a central angle of 02 degrees 53 ~inutes O0 second
said curve to the left, 291.36"feet to the end of said 'curve;
~Lnutes 58 seconds West, 3~2.BB feet to a point in the centerline of
171.67 feet;
160.00 feet;
1B$.0O feet;
600.00 feet;
3&0.O0 feet;
300.00 feet;
1~ 27 degrees 07 minutes 25 .seconds East, 3B0.00 feet; · *
~1 72 degrees 07 minutes-25 ~ecnnds-~-ast,'280'OO~eet;'' ' ' '
S S~ degrees 52 ~nutes 35 seconds ~st, 171.70 feet;
~ S ~:~s ~2 ~nutes ~S ~econ~ ~st, 72.61 feet
of said D~:on Cr~k;
~CE ~"the.~aadeTs-'of-'sa~d South bank of -Denton Creeks- the N 85 degrees 51 ~nutes~9 ~ec~ ~s~326.TA feet;- -. -- ....
N 7A degrees ~ ~nutes 59 ~econds ~st+.27S.O0 feet; ....
N 67 degrees 26 ntnutes 2~ seconds ~s:, ~S5. O0~eet;.-' '--.
S BB degrees 37 ~nutes A6 seconds ~s:~ 75.90 feet;
S 81 degrees 69 ~nutes tl seconds hs:, 195.25 feet;
S fl9 degrees 55 ~nutes al seconds ~st, 112.55 feet;
H 70 degrees ~ ~utes 5i seconds ~st, 75.R5 fee:~
S 56 degrees 17 ~uutes 59 seconds ~st, 176.70 feet;
N 65 ~egreeS al ~nutes 19 seconds ~st, ~52.20 feet;
~ a3 de~ees a3 ~uutes 29 secoo~ hst, 115.30 feet;.
H ~ de~ees 37 ~utes 2~ seconds hst, 360.a0 feet;
H al degrees A& ~nutes O1 second ~est, 89.90 feet;
H 20 degrees 2~ ~nutes 39 seconds ~st, 153.00 feet;
S 69 degrees 58 ~nutes 21 seconds ~st, 182.00 feet;
to a point on the South bank
~ lB degrees 31 minutes 25 seconds East,
~ ~8 degrees 07 minutes 25 seconds East,
S 61 degrees 52 minutes 35 seconds East,-
S 85 degrees 52 minutes ~5 seconds East,
N 8B degrees 07 minutes 25 seconds East,
N 77 degrees 07minutes 2~ seconds East,
degrees
O1 ~n~nu', J9 seconds Fast, 131.DD feet;
D! ~nute 39 seconds Fast, 101.O0 feet;
N 63 degrees 46 n~nutes 39
~ &~ degrees 2! ~nutes 39
H ~0 degrees 36 u~nutes 39
N 06 degrees 51 n~nutes 39
~'O~ degrees 3~ ~Lnutes'39
N 30 degrees 36 minutes 39
H 32 degrees 31 ~nutes 39
~ 28'degrees
seconds Y. sst, 100.00 feet;
seconds~ast, 78.00 feet;
seconds Fast, 82.00 feet;
seconds Fast, 124.00 Jeer;
secDnds T. ast, 181.00 feet;
Seconds Fast, 342.00 feet;
seconds Fast, 2Bl.00 feet;
O1 ~Lnute 39 seconds T~ast, 150.00 feet;
= o .
~ 37 degrees 51 ~[nutes 39 seconds Fast, 165.00 feet;
~ 75 degrees D6 ~'Lnutes 39 seconds Fast, 61.00 Jeer;
Tlt~C£ N 26 degrees 35 ~Lnutes 39 seconds Fast, leaving said South bank of Den:on .Creek,
160.00 feet;
~CE S 63 ~egrees 24 ~nutes 21 seconds ~st, 200.00 feet;
~NCE S 26 degrees 35 ~nu[es ~9 seconds ~es=, 175.00 fee~ to a point on the said South
bank of Denton Creek;
~NCE~h ~he ~aaders of the sa~d Sou~h ~ak.of-~n~on ~reek.t~ /ollo~nS co~rses: .... S 60 degrees 33 ~nutes 21 secon~ ~s[~
S 61 deeress 58 ~nu~es 21 seconds ~s[, 100.ODdest; .....
S 6B degrees 18 ~nu=es 21 secoa~ hat,~0'00:/eet;
S 75 degrees 3~ ~nu~es 21 seconds~'~c2~l''D0 test; ._ - ........ '~' .......
~ 71 degrees 21'~nu~es 39 seconds ~s[, 280.00 feet; _ --_:
~ B6 degrees 01 ~nu[e 39 seconds ~st, BS.OO fee~ ~o a po~u~ on ~he ~es[ l~ue of
Creek ~eud Estates, an addi~i~ to ~be C[~y o~-C~l,~e~s; ~
~, ~age 52, ~ed ~cords, ~nton County, ~s; -..:.,
~ S 01 degree O~ ~nu~es ~8 seconds hsd, ~h Sa~d ~est l~ne of cre~ ~nd
900.1~ feet ~o a poLut being the ~or~heas~ c0~er:~:a~rac~°f'~land''f°~:~ '~'~
as recorded ~n Vo~une 77~, ~a~e 93, ~ed Records, Dallas County,
~CE S 88 degrees ~7 n~nu~es ~ seconds ~es~, leav~ng sa~d ~es~ l~ne and along ~he
~C[ S 01 de~ree 02 ~nutes 55 seconds ~st, along a ~est line of' sa~d 1t[~ sta~t~
~rac[, 100.O0 feet; . .
~NCE N 88 degrees 57 ~nutes 02 seconds ~St, alonE? South line of said lift station
~ENCE S 01 degree 02~nutes 58 seconds ha:, along a Vest l~ne of said l~ft station
tract, [35.00.[eet;
~CE N 88 degrees 57 ~nutes 02 seconds ~st, along South l~ne o~ said lift station trac~
AO.00 feet to a po~nt being the South~st co.er of sa~d l~ft s~tton and the Sout~st
co.er of sa~d Creek ~nd braces;
~CE N 88 degrees 56 ~utes~2 seconds ~st, a~ong the South ~ne o~ sa~&
~states, 9a.23 fee: :o a po~n: ~n the ~est l~e of Deforest
~NCE S O~ degree %3 ~nutes 06 seconds hst, ~th ~d Vest l~ne of ~fo:est
~660.98 feet;
'.o~s~ ..~o~e~ of a ~ac. ~ ~and conveyed to ~e ~ppe~X ~n~eP~nt Scho~ D~s~Xct,
~de~cz~bed ~ ~o~e 76~88, P~ge 2~72, ~ed ~eco~ds, ~a~as Cou~_~,
a tract o~ 2a~a co~veyed to ~a~a:a S. Austin, as described ~ Vo~u~e 7806~, ~age
ced ~co~ds, ~a~ ~unty,
.~CE S ~ ~eg~es O6 ~nutes ~6 seconds ~st, ~:~ t~e ~est 3~ne of sa~ Austin ::act,
.~0.60 ~eet to a po~nt on t~e Nort~ ~ne of sa~d Sandy ~
~CE S 88 deg~e~ 28 ~nutes 39 seconds ~est~ ~:h said ~orth ~ne, '290.95 feet to the
~ost Sou:beast co~e~ of a tract of ~and conveyed to Sandy ~ ~apt~st ~urch~ as
.n ~o~ ~600~ ~age 972, ~ed ~ecords, Da~as County, ~e~s;
~ ~ O0 degre~ 05 ~u~:es 5~ seconds ~st, w~t~ :he ~s: 2the of sa~d ~urch tract+
~CE S 8B degrees ~5 minutes 51 seconds ~est, ~th the No,th ~ue of sa~d Church tract,
~99.60 ~ee: :o a ~nt ~n t~e '~st ~ne of n tract of ~and conveyed :o ~oe ~ ".
Ln ~ol~e ~77~, Page 296, ~ed Records, Da~as County,
~ ~ O0 degrees 2~ ~nutes 5~ seconds ~st, v~t~ the ~s: ~ne of sa~d ~Y tract,
768.~0 feet;
~CE South 8S degrees SB m~nutes 5~ seconds ~es:, ~:h the No~th 2~ne of sa~d
852.a9 fee:' to a'potn: ~n the cente:~ne of ~dge Road;
~CE N O0_degrees ~0 mLnutes 23 seconds ~s:, ~:h sa~d cente:~oe ~8. SL~ee:;: '.- -
~N~ S 89 degrees 0~ ~nutes 35 seconds ~est, ~tb :he. most-SoutbeT~Y~ ~ne.of-'sa~d
Squ~:es Su~ey~ ~86~.83 feet~to t~e most Northwest corner-of a tract of ~an~ conveyed to
j. & ~. Co~any,;Xnc-, as described ~ ~o~e 79009, ~age ~3~,.~eed Records, ~allas County,
~CE SOl degree aa ~utes ~6 seconds ~s:, ~:h the ~es: ~ne of sa~d J. & 'E. C~pany
::act, 1A19.83 feet;' -
::act~ 6~B.39-~eet to t~e.~st Xon~est.co~e~o~ a-tract o~ ~and conveyed
~u~, Jr.,~s-descr~bed-~''v°l~e 21~3,:.~age 595,.~ed Records,:~l~ County~
~ S O~ degrees ~1 ~utes -O3~e~nds -~est,~.~th -the ~es: l~ne of said' Bu~..tract,.
1~53.29 ~ee:~0 a' ~tnt on the-~ald~orth ~ne of. ~ney ~ke ~ad; =~.- .... :'-'~
~ S 88 de,reds 28 ~nutes ~2 seconds ~es.~, .~t~ ~Be said-North ~Ine~[f Sandy..~ke
Road, 677.68 leer; . '" '-
~ N 01: degree'~a ~es ~2~econds hst,.-~t~ ~he hat l~ue efta:tract
conveyed to-~trl~ A. h~old, as descriBed.tn Vol~e 77116,.~age-627,-Dee~ ~ecoras,
~CE S 89 degre~ 5~ ~nutes la seconds gear, 6~0.05 leer'to a po~n: ~or co,er,
~N~ S O~ 6egr~ 22 ~nutes a~ secou~ ~st, 620.89 [eet to a po~nt ~ the a[ore~ntioned
North l~e of Sandy ~ke ~;
770.81 fee: :o :he ~s: Southeast co,er of a tract of land conveyed :o ~. A.
as descr:bed ~ Vol~e ayal, Page 618, ~ed Records, Dallas ~unty, Te~s;
~ N O0'degrees 56 ~nutes ~9.~ecouds ~est, ~th the ~st line of said'arranger ::act,
251.79 feet;
~CE S 89 aegr~ O3 ~nutes 11 seconds ~est, ~th the ~orth l~ne of said Ott~ger
tract, 173.00 feet; ''
~CE S O0 desrees 56 ~uutes 19 seconds ~st, ~:h the gest l~ue of sa~d Ott~nge: tract,
251.79 feet to a pint ~ the sa~ North line of Sandy ~
~CE S 88 deErees a2 m~nutes 38 seconds gear, ~th t~e said Sorth line of
~ad, 37g.66 feet;
~t~inl~ · sro~s are~ o! 25,B67,623 .aq~re feet ~z ~93.~3~ acres n~- la..nd.
~t certain tract of ~a~ conveyed to ~. ~u~l~ ~ns, Tr~tee, as.described by
fortaz ~d;
~ S 8S 6esr·es ~9 ~nuzes ~0 seconds ~esz, ~th the sa~d North 1~ne o~ $~ndy
~.~ ~eeZ to the ~st Southeast co.er of a ~ract of 2and conveyed to hrbara ~. Austin,
~cribed by ~ed recorded in Vo]~ 7B~69. ~age 0~6Bv ~ed ~ecords, Dallas Koun~y, Texas;
6.i0 feet Zo ~he ~sz Southwesterly co~e~ of a Zrac~ of land conveyed to the
de.·tent School ~strict, as described in Volune 761B8, Pa~e 2372, Deed ~ecords, Dallas
~ BBB de~rees 31 ~nutes O0 ~econds hsd, ~th ~he South line of said School ~ract.
~.~9 feet to a p~in~ ~ lb· said ~es~ line of Deforest bad; _
~ S 01 de~ree 2~ ~nu~es O0 sec~ds ~;~0 ~th the said ~esl line of Deforest
-.. ~_= .~.-_- , :-_._~''~_ -.--:.;.. -.
MUNICIPAL S~TE
BDUNDARY DESCRIPTION
BE]NG a tract of land situated in the S.A. & M.G.R.R. Survey, Abstract
No. 143D in the City of Coppell, Dallas County, Texas, and also being part of
a tract of land as described in deed from Good Financial Corp. to M. Douglas
Adkins, Trustee, as recorded in Volume 76188, Page 2355 of the Deed Records
of Dallas County, Texas and being more particularly described as follows:
CDMMENCING at a point of intersection of the east line of Denton Tap
Road ( a variable width rioht-of-way) with the centerline of Denton Creek,
said point also being the ~ost southerly southwest corner of a tract of land
as described by deed to Pure ~ce and Cold Storage Co. and recorded in Volume
65694, Page 1496 of the Deed Records of Dallas County, Texas;
THENCE along the said east line of Denton Tap Road the folJowing courses
and distances: S.O°51'58''W', 342.88 feet to the beginning of a curve to the
right having a central angle of 2°53'0D'' and a radius of 5789.70 feet; Thence
along said curve 291.36 feet to the end of said curve; Thence S.2°O1'02,'W.,
551.90 feet; Thence S.7°43'40,'W., 100.50 feet; Thence S.2°O1'D2''W., 248.40
feet to the beginning of a curve to the left having a central angle of
0o46'5D'' and a radius of 5679.70 feet; Thence along said curve ??.39 feet to
end of said curve; Thence l~.SB°Sg'02''E., leaving said east line of Denton Tap
Road, 40B.48 feet to the POIhq DF BEGINNING;
THENCE N.SB°59'D2''E', 241.26 feet to the beginning of a curve to the left
having a central angle of l?°D6'O1'' and a radius of 1DSD.OD feet;
THENCE along said curve, 313.3B feet to the end of said curve;
THENCE S.l°DD'58''E., 671.41 feet to a point for corner;
THENCE S.88°59'02''W-, 5SD.OD feet to a point for corner;
lH~NCE H.l°O0'58''W-, 624.99 feet to the Point of Beginning-and containing
348,480 square feet or B.O00 acres of land.
PHASE
BOUNDARY DESCRIPTION
BEING a tract of land situated in the Clarinda Squires Survey, Abstract No.
1327 and the S.A. & ~t.G.R.R. Survey, Abstract No. 1430 in the City of Coppell,
Dallas County, Texas and also being part of a tract of land as described in deed
from Good Financial Corp. to M. Douglas Adkins, Trustee, as r~corded in Volume
?6laB, Page 2355 of the Deed Records of Dallas County, Texas and being more parti-
cularly 6escribed ~s follows: '
BEGINNING at a point of intersection of the west line of Denton Tap Road { a
variable width ri=hr-of-waY) with the centerline of Denton Creek, said point also
being the most southerly southeast corner of a tract of land as described by deed
to jack Lively recorded in. Volume 426, Page 5lO of the Deed'Records of Dallas
County, Texas;
THENCE along the said west line of Denton lap Road the follov~ing courses and
distances; S.O°sl'5B''E', 341.82 feet to the beginning of a curve to the right
having a central angle of 2°53.00" and a radius of 5669.70 feet; Thence along said
curve 285.32 feet to the end of said curve; Thence S.0C37'34''W., 161.90 feet;T'hence
S.6Olg,20"W., 321.8B feet; Thence S.l°DD'58"E-, 22.D5'f~et to a point for corner;
THENCE S-67°24'35''W', leaving the said west line of Denton ?ap Road, gD2.06
feet to a point for corner;
THENCE N.1°ll'53,'W', 64.43 feet to a point for corner;
THENCE N.35~29'46''W', lga.0B feet to ~ point for corner;
THEHCE N.4°43'22''W., 536.17 feet to a point for corner;
THEN~ N.41°iO'51''W-, 115.77 feet to a point for corner; .
IHENCE N.31°iD'51''W', lA66'96 feet to a point for corner on the centerline of
said Denton Creek;
THENCE alono th~.~aid centerline of Denton Creek the following courses and
~ o~O~l'23"E. 211 75 feet; Thence
distances; S.89°3~'23''E'' 37.22 feet; Thence ~.~ ~, ·
N.83o42,3?"E., 1D2.50 feet; Thence N.?4°3g'3?''E'' 91.00 feet; Thence 1~.43°00'37''E'-,
196.74 feet; Thence )~.60°28'37''E', llO.O0 feet; Thence S.77°01'23''E., 136.00 feet;
Thence S.50°01'23''E', 170.OD feet; Thence S.37°ll'23''E', 550.00 feet; Thence
S.57o11,23"E., 272.0D feet; Thence S.?l°ll'23''E', 340.0D feet; Thence )~.88cla'3?''E-,
50.83 feet to the Point of Beginning and containing 51.343 acres of land.
BOUNDAR~ DESCR]PT]O~
BEING a tract of land situated in the Clarinda Squires Survey, Abstract No
1327 and the S.A. & M.G.R.R. Survey, Abstract No 143D in the City of Coppell,
Dallas County, Texas and also being part of a tract of land as described in deed
from Good Financial Corp· to M. Douglas Adkins, Trustee, as recorded in Volume
761BB, Page 2355 of the Deed Records of Dallas County, lexas and being more parti-
ularly described as follows:
a oin~ of intersection of the east line of Denton Tap Road {~
BEG]NNIN~ at P ' . ....... n~+~n Creek, said point also
variable width ~i?t-of-way) with the cen~er~n~ u ......
being the most o therly southwest corner of a tract of land as described-by deed
to Pure 1ce and Cold Storage Co. and recorded in ¥olume 65694, Pa~e 1496 of the
Deed Records of Dallas County, Texas;
THENCE along the said centeriine of Denton Creek, and the said south line of
the Pure )ce and Cold Storaoe Co. tract she fol!owino courses and diszances:
N.7?OT'25"E., 147 77 feet:'Thence ~.lB~3i'25''E', '1~.6~ feet; Thence K.4B°O7'25''E.,
160.00 feet; Thence S.61°52'35''E-, 1SS.OD fee~; Chence S.o~ ~ ~: :., 600.00 fe~:;
Thence I(.88°07'25''E', 340.0D feet; Thence N.77°07'25''E., 300.00 feet; Thence .
N.27OOT'25"E., 3BO.OD fee~; Thence N.72:OT'25"E., 18O.OO feet; Thence S.55°52'35''E-,
171.?O feet to a point for corner;
~HENCE leaving the said centerline of Denton Creek, and the south line of the
Pure ]ce and Cold Storage Co. tract, S.O~52'35''E', 1437.15 feet to a point for
corner in a curve to the left running in a southwesterly direction and having a
central angle of 13Olg'34'~ a radius of 2200.00 feet and a t~ngent bearing of
S.75~26'53"W.;
THEI4CE along said curve 511.6g feet to the end of said curve;
IHENCE ~.27°52'41''W', 710.40 feet to a point for corner in a curve to the
left running in a southwesterly direction and havin~ a central angle of 7°57'25'' a
radius of 3342.11 fee~ and a tangent bearing of S.73°4g'Al''W';
THENCE along said curve 464.14 feet to the end of said curve;
THENCE S.65°52'16''W', B85.24 feet to the beginning of a curve to the right
having a central angle of 18°OD'54'' and a radius of 600.DO feet;
~NENCE along said curve 1BB.65 feet to the end of said curve, same being on
the said east line of Denton ~ap Road;
THENCE along the said east line of Denton Tap Road the following courses and
distances N.2ooI,O2"E., 388.26 feet to the beeinnino of a curve to the left
· - alono said
' OD"
having a central angle of 2°53' and a radius of 57~9.?0 feet; Thence ~
curve 291.36 feet to the end of said curve; Thence N.O:SI'SB''W., 342.8B feet to
the Point of Beginning and containing 53'.398'6~res of land..
PHASE 1]]
BOUNDARY DESCRIPTION
'BEING a tract of land situated in the Alfred Logsdon Survey, Abstract No. 7B~
the Clarinda Squires Survey, Abstract No. 1327 and the Heirs of Gilbert C. ~oolsey
Survey, Abstract No. 1042 in the City of Coppell, Dallas and Denton Counties, Texas,
and also being part of a tract of land as described in deed from Goo'd Financial Corp.
to ~q. Douglas Adkins, Trustee, as recorded in Volume 7618B, Page 2355 of the Deed
Records of Dallas County, Texas and being more particularly described as follows:
COIq~IENC]NG at a point of intersection of the east line of Denton Tap Road ( a
variable width right-of-way) with the centerline of Denton Creek, said point also
being the most southerly southwest corner of a tract of land as described by deed
to Pure Ice and Cold Storage Co. and recorded in Volume 65694, Page 1496 of the
Deed Records of Dallas County, Texas; Thence along the said centerline of Denton
Creek and the said south line of the Pure ]ce and Cold Storaoe tract the following
courses and distances; N.79°07'25''E', 147.77 feet; Thence N.~B:31'25''E-, 17i.67
feet; Thence ~;;4B°07'25''E-, 160.DO feet; Thence S.61°52'35"E;, 1Bi. DO feet; Thence
S.85~52'35 E., 600.00 feet; Thence N.SB°07'25''£., 34D.00 fee~; Thence ~.77°07'~5''E,,
300.00 feet; Thence N.27°07'25"E., 380.00 feet; Thence N.72~07'25''E., 180.00 ~eet;
Thence S.55¢52'35"E', 171.70 feet; Thence S.0~52'35''E-, 71.61 feet to the PO]I~T OF
BEGINNING:
THENCE continuing along the said centerline of Denton Creek and the said south
line of the Pure Ice and Cold Storage Co. tract the following courses and distances;
~.85o51'39"E., 326.?4 feet; Thence N.?4°ll'Sg"E., l?5.0D feet; Thence ~.60°13'54''E.,
255.3D fe~; Thence H.67°26'14''E', lB5.00 feet; Thence S.88°37'46,'E., 75.9D feet;
Thence S.S1°49'll''E', 195.25 feet; Thence S.8g°55'41"E-, 112.55 feet; Thence
N.?O~25,SA"E., 75.45 feet; Thence N.56°17'59''E,, 176.70 feet; Thence );.65°41'lg''E.,
152.20 feet; Thence N.a3°43'2g''E., llS.3D feet; Thence N.23°37'24''E., 140.4D feet;
,,u .... ~o on feet; Thence N.20°2l'3g''E- 153.0D feet; Thence
Thence N.41°a4'Ol ~ ....... '
S.6758'21"E., 50.74 feet to a point for corner;
THE)4CE leaving the said centerline of Denton Creek and the said south line of
the Pure Ice and Cold Storage Co.' tract, SDLFTH, 1552.34 feet to point for corner;
THENCE S.87o44,42"W., 327.96 feet to a point for corner;
?HE)~CE SOb~H, 787.26 feet to a point for corner in a curve to the left running
in a northwesterly direction and having a central angle of 28°24'05'' a radius of
19DO.OD feet and. a tangent bearing of N.61°40'53''W-,·
THE)iCE alon~ said curve 941.83 feet to the end Of said curve, same being the
beoinning of another curve to the left having a central angle of 14°28'Dg'' and a
radius of 22DD.O0 feet;
THENCE along said curve 555.58 feet to the end of said curve;
IHENCE )(.0°52'35''W', 1365.54 feet to the Point of Beginning and containing
6D.186 acres of land.
PROP. l~ --,,
WA'rER
PROP.
THE PARKS OF
SANDY LAKE
COPPEEL
ROAD
SCHEMATIC
MUNICIPAL
SKETCH
CENTER
,,COPPE LL
OC'T O~'E R 198'~
TEXAS
NO SC ;~ LE
THE PARKS OF COPPELL
[ST]F',~TFD CITY PARTICIPATION DEVELOP;'IERT COST
-- PROPOSED MUNICIPAL CENTER
A. 1TMES ADJACEI~T TO MUNICIPAL CEt~TER SITE
1. PAVING - PARKWAY BOULEVARD (22' F-F Concrete)
1,420 S.Y. 6" Cone. (~ S 15.00 --
1,500 S.Y. - Lime Subgrade ~ 2.$D :
1,10D L.F. 6" Curbs ~ 2.00
Gradino- 600 C.Y. Fill ~ 2.50
IOTAL
S21,300.00
3,750.00
2,200.00
2. SANITARY S~I,IER (EST]MATED lO" D]AMETER~
555 L.F. - lO" Sewer Pipe ~ S - lO.O0
1 Ea. ~' Dia. Manhole ~ 1250.OD
40 C.Y. Rock EmbeOn~n~ ~ 20.00
L.S. ~isc. ~ 500.00
TOTAL
CITY PART - 50%
E,550.O0
1,250.00
800.00
500.00
~,lO0.DO
~ 4,050.00
3. 16" WATEE LINE
· JSS L.F. 16" Water ~ S 1B.OD
1 Ea. 16" Valve ~ 2200.00
0.2 Tons Fittings ~ 1800.00
L.S. ~isc. ~ 5OD.DO
IOTAL
CITY PART - 5Or';
9,990.00
2,200.00
36~.00
500.00
S13,050.0~
S 6,525.00
STORM SEWER /ESTIMATED 36" D]AM£TER)
555 L.F. 36" R.C.P. ~ S '40.00 = '~ S22,200.00
1 Ea. - 10' Curb ]nle~ ~ 15OD.DO : i,SDD.OD
90 C.Y. - Sand Embedment ~ lO'.OD = 900.00
TOTAL S24,600.0~
C)TY PART - 50~ : Si2,3DD.O0
B. 16" WATER LINE - DENTO)'~ TAP ROAD
2,650 L.F'. 16" Water
3 Ea. 16" Valves
0.5 Tons - Fittings
1DO L.F. Bore, Case & Furnish
12" Water Pipe
1 Ea. - 12" Valve
200 C.Y. - Sand Embeoment
4 Ea. - 1 1/2" Blow-Df~
Assemblies
TOTAL
IE.OO : S47,700.00
2200.00 : 6,600.00
1603.00 : 9OC..OO
90.00 : 9,000.00
700.00 = 7OD.DO
lO.DO : 2,000.00
B 250.D0 = 1,ODD.DO
S67,900.00
C. CHARGES FOR MUN]C1PAL LrTILITY DISTRICT
10% of Eligible Construction Cost (£90,775)
D. EIIG1NEER]NG COST
10% of Totel Construction Cost (Si19,525)
= S9,000.00
= S12,D00.O0
SUH?,ARY OF EST]~',~T£D COST
1. PAV]NG (PARKWAY BLVD.)
2. SANITARY SEWER ( PARKWAY BLVD.)
3. 16" WATER LINE ( PARKWAY BLVD )
4. STORM SEWER (PARKWAY BLVD. )
'5.'i6" WATER (DENTON TAP ROAD )
6. M.U.D. CHARGES
?. ENGINEERING
TOTAL
S28,750oD0.
4,050.00
6,525.00
12,300.00
67,900.00
9,000.00
12,DO0.O0
S1~0,525.00
SPECIAL WARRANTY DEED
STATE OF TEXAS )
) KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DALLAS )
THAT THE PARKS OF COPPELL JOINT VENTURE II (herein T_he
"Grantor"), for and in consideration of ~,he sum of TEN A2~D NO/lO0
DOLI~ARS ($10.00) and other valuable consideration to ~he undersigned
paid by THE CITY OF COPPELL, a municipal corporation and political
subdivision of t_he State of Texas (herein the "Grantee"), T/ne receipt
and sufficiency of which is hereby acknowledged, has GR3~NTED, SOLD
and CONVEYED, and by these presents does GR3%NT, SELL and CONVEY unto
the Grantee, whose address is P. O. Box 478, Coppell, Texas 75019,
Attention: Andrew Brown, Mayor, all of that real property situated in
Dallas County, Texas, described in Exhibit "A" attached hereto and
made a part hereof together with any improvements thereon (herein the
"Property")-.
TO PIAVE ~ND TO HOLD-the Property, together with all and singular
%he rights and appurtenances thereto in any%~ise belonging unto the
Grantee, its successors and assigns forever, and Grantor does hereby
bind itself and its successors and assigns to WARRANT AND FOREVER
DEFEND all and singular the Property unto the Grantee, its successors._
and assigns, against every person whomsoever lawfully claimin9 or to
claim the same or any part T_hereof, by, through and under Grantor but
not otherwise.
This conveyance is made and accepted subject to those matters
set forth on Exhibit "B" attached hereto and made a part hereof for
all purp°ses· and %o the restrictions set forth on Exhibit "C"
attached hereto and ma'de a par% hereof for all purposes. By
acceptance of this conveyance and as part of the consideration
therefor, Grantee, its successors and assigns, do covenant and agree
and shall be obligated and bound to abide by and comply with each and
every provision of said restrictions, which are covenants running
with %he Property.
EXECUTED AND DELIVERED this __ day of December, 1982.
THE PARKS OF COPPELL JOINT 'VENTURE
By:
Michael R. Allen, Joint Venturer
By:
Glen A. Hinckley, Joint Venturer
By:
John B. Kidd, Joint Venturer
THE STATE OF TEXAS )
· )
COUNTY OF DALLAS )
This instrument was acknowledged before me on the__day of
December, 1982, by MICHAEL R. ALLEN, a Joint Venturer of THE PARKS OF
COPPELL JOINT VENTURE ~I, on behalf of said joint venture. ~
Notary Public
My Commission Expires:
THE STATE OF TEXAS )
)
COUNTY OF DALLAS )
This ins=rument was acknowledged before me on t_he __ day of
December, 1982,.by GLEN A. HINCKLEY, a Joint Venturer of THE PARKS OF
COPPELL JOINT VENTURE II, on behalf of said joint venture.
Notary Public
My Commission Expires:
TP~ STATE OF TEXAS
COUNTY OF DALLAS
This instrument was acknowledged before me on the day of
December, 1982, by JOHlq B. KIDD, a Join~ Venturer of THE PARKS OF
COPPELL JOIN~lr~N~/R~ II, on behalf of said joint venture.
Notary Public
My Commission Expires:
SPEC/AL WARR3d~TY DEED MI/N]CIPAL SITE
EXHIBIT "A"
PROPERTY DESCRIPTION FOR MUNICIPAL SITE
MUNICIPAL SITE
BOUNDARY DE SCRI PT ! ON
BEING a tract of land situated in the S.A. & M.G.R.R. Survey, Abstract
No. 1430 in the City of Coppell, Dallas County, Texas, and also being part of
a tract of land as described in deed from Good Financial Corp. to M. Douglas
Adkins, Trustee, as recorded in Volume 76188, Page 2355 of the Deed Records
of Dallas County, Texas and being more particularly described as follows:
COMMENCING at a point of intersection of the east line of Denton Tap
Road ( a variable width right-of-way) with the centerline of Denton Creek,
said point also being the most southerly southwest corner of a tract of land
as described by deed to Pure Ice and Cold Storage Co. and recorded in Volbme
65694, Page 1496 of the Deed Records of Dallas Coudty, Texas;
THENCE along the said east line of Denton Tap Road the following courses
and distances: S.O°51'58"W-, 342.BB feet to the beginning of a curve to the
right having a central angle of 2°53'00'' and a radius of 5789.7D feet; Thence
along said curve 291.36 feet to the end of said curve; Thence S.2DOI'02''W.,
551.9D feet; Thence S.7°43'40,'W., lOD.50 feet; Thence S.2°01'02''W., 248.40
feet to the beginning of a curve to the left having a central angle of
0o46'5D''' and a radius of 5679.7D feet; Thence along said curve 77.39 feet to
end of said curve; Thence N.88°59'02"E., leaving said east line of Denton Tap
Road, 408.48 feet to the POINT DF BEGINNING;
THENCE N.88°59'02,'E., 241.26 feet to the beginni,g of a curve to the left
having a central angle of 17°D6'D1'' and a radius of 1050.OD feet;
THENCE along said curve, 313.38 feet to the end of said curve;
THENCE S.I°OD'58''E., 671.41 feet to a point for corner;
THENCE S.88°59'D2''W., 550.00 feet to a point for corner;
THENCE N.I°OO'SB''W., 624.99 feet to the Point of Beginning-and cJntaining
348,480 square feet or 8.ODD acres of land.
EXHIBIT "B"
PERMITTED EXCEPTIONS FOR MUNICIPAL SITE
1. Easement in instrument dated November '4, 1938, filed
December 12, 1938 and recorded in Volume 2109, page 463 Deed Records,
Dallas County, Texas for electrical lines, etc. and right-of-way'rom
J.W. Thwea=t and wife, Belle Thwea=% to T P & L Company.
2. Rights of ~he public and ~he State of Texas in and to the
uninterrup%ed flow of the waters of T_he Cottonwood Branch and all
other creeks and streams ~ransmersing the Property.
EX~IBIT "C"
RESTRICTIONS
1.' The Property shall be improved, occupied and used only for
municipal purposes, including, but not limited to, t_he construction
of a city hall, municipal center, public library and/or police
station, but excluding specifically a fire station or jail. It is
agreed and understood, however, that the foregoing restrictions are
not, and shall not be deemed to be, a dedication of the Property to
the public.
2. The restrictions set forth above (the "Restrictions")
shall affect all of the Property, shall run with the Property, and
shall exist and be binding upon Grantee and all persons claiming
under Grantee for a period of fifty (50) years from the date of filing
of this conveyance. The Restrictions are made solely for the benefit
of Grantor and are not intended to create mutual or reciprocal
servitudes upon adjoining land for the benefit of adjoining
landowners. Grantor and Grantee, jointly but not severally, reserve.
unto themselves the right, from time to time without-the joinder by
any adjoining landowner, to revoke or amend the Restrictions by
written instrument duly acknowledged and recorded in the Deed Records
of Dallas County, Texas. Grantee, its successors and assigns, shall
not apply for any zoning change for all or any part of the Property
without first obtaining Grantor's written consent thereto. Grantor
shall have the right to enforce the Restrictions by any proceeding at
law or in equity including, but not limited to, the r~gh.t to enjoin
any attempted or actual vfolation of the Restrictions.
SPECIAL WARRANTY' DEED
STATE OF TEXAS )
) KNOW ALL MEN BY THESE PRESENTS:
COUIN~Y OF DALLAS )
THAT THE PARKS OF COPPELL JOINT VENTURE I! (herein the
"Grantor"), for and in consideration of the sum of TEN AND NO/100
DOLLARS ($10.00) and other valuable consideration to the undersigned
paid by TPIE CITY OF COPPELL, a municipal corporation and political
sutbdivision of the State of Texas (herein the "Grantee"), the receipt
and sufficiency of which is hereby acknowledged, has GRANTED, SOLD
and CONVEYED, and by these presents does GRANT, SELL and CONVEY unto
the Grantee, whose address is P. O. Box 478, Coppell, Texas, 75019,
Attention: Andrew Brown, Mayor, all of that real l~roperty situated in
Dallas County, Texas, described in Exhibit "A" attached hereto and
made a part hereof together with any improvements thereon (herein the
"Property" ) ·
TO HAVE A/qD TO HOLD .the Property, together wi=h all a'nd singular
the rights and appurtenances thereto in anywise belonging unto the
Grantee, its successors and assigns forever, and Grantor does hereby
bind itself and its successors and assigns to WAR~T AND FOREVER
DEFEND all and singular the Property unto the Grantee, its successors
and assigns, against every person whomsoever lawfully claiming or ~o
claim the same or any part thereof, by, through and under Grantor but
not otherwise.
This conveyance is made and accepted subject to those matters
set forth on Exhibit "B" attached hereto and made a part hereof for
all purposes, and to the restrictions set forth on Exhibit "C"
attached hereto and made a part. hereof, for all purposes. By
acceptance of this conveyance and as part of the consideration
therefor, Grantee, its successors and assigns, do covenant and agree
and shall be obligated and bound to abide by and comply with each and
every provision of said restrictions, which are covenants running
with the Property.
EXECUTED AND DELIVERED this
day of December, 1982.
THE PARKS OF COPPELL JOINT VENTURE II
By:
Michael R. Allen, Joint Venturer
By:
Glen A. Hinckley, Joint Venturer
By:
John B. Kidd, Joint Venturer
THE STATE OF TEXAS )
)
CO'JNT~ OF DALLAS )
This instrument was acknowledged before me on the ~ day of
December, 1982_, by MICHAEL R. ALLEN, a Joint Venturer of THE PARKS OF~
COPPELL JOINT VENTURE II, on behalf of said joint venture.
Notary Public
My Commissiox{ Expires:
THE STATE OF TEXAS )
)
COUNTY OF DALLAS )
This instrument was acknowledged before me on the ~day of
December, 1982,1bY GLEN A. HINCKLEY, a Joint Venturer of THE PARKS OF
COPPELL JOINTVENTURE II, on behalf of said joint venture.
My Commission Expires:
Notary Public
SPECIAL WARRANTY DEED PF, qSE I-A AND PF_ASE
THE STATE OF TEXAS )
)
COUNTY OF DALLAS )
This instrument was acknowledged before me on the day of
December, 1982, by JO}tN B. KIDD, a Join= Venturer of THE PARKS OF
COPPELL JOINTV~NTURE II, on behalf of said join~ venture.
Notary Public
My Commission Expires:
SPECIAL WARRANTY DEED PHASE I-A A~ PHASE
EXHIBIT "A" ' '
PROPERTY DESCRIPTION FOR PHASE I - A AND PHASE ~ - B
PHASE I - A
BOUNDARY DESCRIPTION
BE1NG a tract of land situated in the Clarinda Squires Survey, Abstract
No. 1327 and the S.A. & M.G.R.R. Survey, Abstract No. 1430 in the City of
Coppell, Dallas County, Texas and also being part of a tract of land as des-
cribed in deed from Good Financial Corp. to ~4. Douglas Adkins, Trustee, as
recorded in Volume 76188, Page 2355 of the Deed Records of Dallas County,
Texas and being more particularly described as follows:
COMMENCING at a point of intersection of the west line of Denton Tap Road
(a variable width right-of-way) with the centerline of Denton Creek, said point
also being the most southerly southeast corner of a tract of land as described
by deed to Jack Lively recorded in Volume 426, Page 510 of the Deed Records of
Dallas County, Texas; Thence with the said line of Denton Tap Road
S.0O51'58"E., 49.64 feet to the PO]NT OF BEGINNING;
THENCE continuing along said line of Denton Tap Road S.0°51'58"E., 292.18
feet to the beginning of a curve to the right having a central angle of
2°53'00'. and a radius of 5669.70 feet; Thence along said curve 285.32 feet.to
the end of said curve; Thence S.0°37'34''W., 161.90 feet; Thence S.6~19'20"W-,
321.88 feet; Thence S.1°00'58"E-, 22.05 feet to a point for corner;
THENCE S.67~24'35''W-, leaving the said west line of Denton Tap Road, 902.06
feet to a point for corner;
THENCE N.l°ll'53''W-, 64.43 feet to a point for corner;
THENCE N.35~29'46''W., 198.08 feet to a point for corner;
THENCE N.4~43'22''W., 536.17 feet to a point for corner;
THENCE N.57~00'34''E-, 1226.37 feet to the Point of Beginning and containing
21.250 acres of land.
PHASE I - B
BOUNDARY DESCRIPTION
BEING a tract of land situated in the Clarinda Squires Survey, Abstract
No. 1327 and the S.A. & M.G.R.R. Survey, Abstract No. 1430 in the City of
Coppell, Dallas County, Texas and also being part of a tract of land as des-
cribed in deed from Good Financial Corp. to M.Douglas Adkins, Trustee, as
recorded in Volume 76188, Page 2355 of the Deed Records of Dallas County,
Texas and being more particularly described as follows:
BEGINNING at a point of intersection of the ~est line of Denton 7ap Road
(a variable width right-of-way) with the centerline of Denton Creek, said point
also being the most southerly southeast corner of a tract of land as described
by deed to Jack Lively recorded in Volume 426, Page 510 of the Deed Records of
Dallas County, Texas;
THENCE along the said west line of Denton Tap Road S.0°51'58"E., 49.64
feet to a point for corner;
THENCE S.57°00'34''W., leaving said line of Denton Tap Road, 1226.37 feet
to a point for corner;
THENCE N.41°lO'51''W., 115.77 feet to a point for corner;
o , "W.
THENCE N.3I lO 51 , 835.30 feet to a point for corner;
THENCE N.58°49'09''E., 853.25 feet to a point for corner in said centerline
of Denton Creek;
THENCE with said centerline of Denton Creek the following courses and
distances: S.37°11'23"E-~,339'?0 feet; Thence S.57°ll'23''E., 272.00 feet; Thence
S.?l~ll'23"E., 340.00 feet; Thence N.B8~18'37''E-, 50.83 feet to the Point of
Beginning and containing 21.250 acres of land.
PERMITTED EXCEPTIONS FOR PHASE I-A AND PHASE ~-B'
A. l~iEhts of the public and the State of Texas in and to the uninterrupted flow
of the waters of the Cottonwood Branch and all other creeks and streams
transmersin~ sub~ec~ property; ~er. ~cross and ~rou~h proper~y to ~ ~-
sured.
B. Easement in instru-,ent dated June 3, 1975 and recorded in Volu~e 75112, page
1372 De~-'~ecords, Dallas Coun~, Te~s for sewer line,' e~c from ~od
C. ~sement i~ ~str~ent dated Novem~r i, 1938, filed December I2, 1~38 and
recorded ~ Vo~e ~i09, pase 163 Deed ~ecords, Dallas County, Ta~s for
electrical lines, etc smd right-of-way fr~ J. ~. ~wea~t and wife, Belle
D. ~s~enl ~n ins~rumen~ da~ed June 2~, 1~, filed July 1~, 195~ and recorded
~n Volume t300, 'pa~e 3~8 Deed Records, Dallas County, Te~s for channel
easemenl fro~ Floyd A. No~n to ~he County of Dallas. (~fec~s ~hase
only) -
~semenl in ~nstrument dated Au~;st 15, 1978, filed ~ril 13, 1979 and
corded in Volume 7907~, pase 99 Deed Records, Dallas County, Texas for
u~lli~y easement fr~ B. Douslas ~ki~, ~stee to ~he City of Coppell.
(~f~c~s ~ase I-B
SPECIAL WARRANTY DEED
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DALLAS §
THAT TH~ PARKS OF COPPELL JOINT VENTURE II (herein the
"Grantor"), for and in consideration of the sum of TEN AND NO/100
DOLLARS ($10.00) and other valuable consideration to T_he undersigned
paid by THE CITY OF COPPELL, a municipal corporation and political
sLLbdivision of the State of Texas (herein the "Grantee") the receipt
and sufficiency of which is hereby acknowledged, has GRANTED, SOLD
and CONVEYED, and by these presents does GRANT, SELL and CONVEY unto
the Grantee, whose address is P. O. Box 478, Coppe!l, Texas, 75019,
Attention: A~ndrew Brown, Mayor, all of that real property situated in ~
Dallas County, Texas, described in Exhibit "A" attached hereto and
made a part hereof together with any improvements thereon (herein the
"Property").
TO HAVE'AND TO HOLD ~he Property, together with all and singular
the rights and appurtenances thereto in any%'ise belonging unto the
Grantee, its successors and assigns forever, and Grantor does hereby
bind itself and its successors and assigns to WARRANT AbID FOREVER
DEFEND all and singular t-he Property unto the Grantee, its successors
and assigns, against every person whomsoever lawfully claiming or to
claim =he samelor any part thereof, by, through and under Grantor but
not otherwise.
This conveyance is made and accepted subject %o T_hose matters
se% forth on Exhibit "B" at=ached hereto and made a par~ hereof for
all purposes, and %o the restrictions set 'forth on Exhibit "C"
attached hereto and made a part hereof for all purposes. By
acceptance of' this conveyance and as part of the consideration
therefor, Grantee, its successors and assigns, do covenant and agree
and shall be obligated and bound to abide by and comply wi~-h each and
every provision of said restrictions, which are covenants r~nning
wi~_h%he ProperUy.
RESTRICTIONS
1. The Property shall be improved, occupied and used only as a
public park primarily for use by residents of The City of Coppell. It
is agreed and understood, however, ~hat the foregoing restrictions
are not, and shall no~ be deemed to be, a dedication of the Proper~y
to the pubi~c.
2. The restrictions set forth above (the "Restrictions")
shall affect all of V_he Property, shall run with the Property, and
shall exist and be binding upon Grantee and all Persons-claiming
under Orantee for a period of fifty (50) years from T-he date of filin~
of this conveyance. The Restrictions are made solely for the benefit
of Grantor and are not intended to create mutual or reciprocal
servitudes upon adjoining land for the benefit of adjoining
landowners. Grantor and Grantee, jointly but not severally, reserve
unto themselves the right, from time to time without the joinder by
any adjoining landowner, %o revoke or amend the Restrictions by
written instrument duly acknowledged and recorded iht he Deed Records
of Dallas County, Texas. Grantee, its successors and assigns, shall
no~ apply for any zoning change for all or any part of the Proper~y
withou~ firs~ obtaining Grantor's written consent thereto. Grantor
shall have the right to enforce The Restrictions by any proceeding at
law or in equity including, but not limited to, the right to enjoin
any attempted or actual violation of T_he Restrictions.
EXECUTED AND DELIVERED
day of Decen~be~, 1982'.
TPIE PA~S OF COPPELL JOINT VENTURE II
By:
Michael R. Allen, Joint Venturer
By:
Glen A. Hinckley, Joint Venturer
By:
John B. Kidd, Joint Venturer
THE STATE OF TEXAS §
§
COLrNTY OF DALLAS §
This instrumen~ was acknowledged before me on the __ day of
December, 1982_, by MICHAEL R. ALLEN, a Joint Venturer of THE PARKS OF
COPPELL JOINT VENTURE II, on behalf of said joint venture.
My commission expires:
No%mry Public
TPLESTATE OF TEXAS §
COLrNTY OF DALLAS §
Thi~ instrumen% was acknowledged before me on the day of
December, 1982, by GLEN A. HINCKLEY, a Joint Venturer of T~IE.~PA~$ OF
COPPELL JOIN~VENTUR~ I~, on behalf of said join~ venture.
Notary Public
My cormmis$ion expires:
SPECIAL WARR3~NTY DEED PHASE ~-C
THE STATE OF TEXAS §
COUNTY OF DALLAS §
This instrumen~ was acknowledged before me on the day of
December, 1982, by JOHN B. KIDD, a Join% Venturer of THE P-------~RKS OF
COPPELL JOINTVE~rRE II, on behalf of said joint venture.
Notary Public
My commission expires:
-. %,r.R.KAN__ DEED PHASE
CmEC[AL ....
EXHIBIT #B"
PERMITTED EXCEPTIONS FOR PHASE I-C
A. J~Lghts of the public and ~he $~a~e of Tex~s in and ~o the unin~errupted flo~
of ~he wa~ers of ~he ~on~ood ~rauch and all o~her cree~ and
tra~Mrs~E subJec~ proper~y; ~er, across and through p=oper~y to be
stored. (~ through yroper~y, could affec~ all ~rac~s of the proper~y to be
insure) ·
~. hs~n~ in ~s~r~en~ da~ed Norther ~, 1928, f~led Vec~ber 12, 1~38 and
record~ in Volume 2109, page 463 ~ed ~ecords, Dallas County, Te~s for
elect~ic~ li~es, etc and ~isht-of~ay fr~ J. ~. ~e~t ~nd ~fe, ~11e
~tt to.T ~ & L, Co~ny.
C. ~semen~ ~n ~tr~e~ doted Au~S~ 15, 1978, f~led ~r~l 13, 1979 ~nd
corded ~n Vol~e 7907t, ~oEe 99 Deed iecords, Dillas ~un~y, ~e~s for
(~f~cts ~ase ~-~ only)
EXHIBIT "A"
PROPERTY DESCRIPTION FOR PHASE I - C
PHASE
BOUNDARY DESCR] PTI ON
BEING a tract of land situated in the Clarinda Squires Survey, Abstract
No. 1327 in the City of Coppell, Dallas County, Texas and also being part of
a tract of land as described in deed from Good Financial C~rp. to M. Douglas
Adkins, Trustee, as recorded in Volume 76188, Page 2355 of the Deed Records
of Dallas County, Texas and being more particularly described as follows:
COMMENCING at a point of intersection of the west line of Denton Tap Road
(a variable width right-of-way) with the centerline of Denton Creek, said point
also being the most southerly southeast corner of a tract of land as described
by deed to Jack Lively recorded in Volume 426, Page 510 Of the Deed Records of
Dallas County, Texas; Thence along said centerline of Denton Creek the following
courses and distances; S.88°18'37"W., 50.83 feet; Thence N.Tl°ll'23"W., 340.00
feet; Thence N.57°11'23''W., 272.00 feet; Thence N.37°ll'23"W., 339.70 feet to
the POINT OF BEGINNING;
THENCE S.58°49'09"W., leaving said centerline of Denton Creek 853.25 feet
to a point for corner;
THENCE N.31°lO'51"W., 631.66 feet to a point for corner on the centerline
of said Denton Creek;
THENCE along the said centerline of Denton Creek the following courses and
distances; S.89°39'23"E., 37.22 feet; Thence S.83°21'23"E., 211.75 feet; Thence
N.83o42'37"E., 102.50 feet; Thence N.74°39'37"E., 91.OD feet; Thence N.43°OO'37"E.,
196.74 feet;.Thence N.60°28'37"E., llD.O0 feet; Thence S.77°Dl'23"E., 136.0D
feet; Thence S.5D°Ol'23"E., 170.00 feet; Thence S.37~11'23"E.,'210.30 feet to
the Point of Beginning and containing 8.843 acres of land.
P~STRICTION$
2. The Property shall be improved, occupied and used only as a
public park primarily for use by residents ofT he City of Coppell. It
is agreed and understood, however, ~.hst ~he foregoing restrictions
are not, and shall not be deemed to be, a dedication of the Proper=y
to the public.
2. The restrictions set forth above (~Lhe "Restrictions")
shall affect all of the Property, shall run w/th the Property, and
shall exist and be binding upon Grantee and all persons claiming
under Grantee for a period of fifty (50) years fromthe date of filing
of this conveyance. The Restrictions are made solely.for the benefit
oF Grantor and are not intended to create mu=ual or reciprocal
servitudes upon adjoining land for the benefit of adjoining
landowners. Grantor and Grantee, join=ly bu~ not severally, reserve
un~o ~hemselves the r~ght, from time to time without the joinder by
any adjoining landowner, =o revoke or amend ~_he Restrictions by
written instrument duly acknowledged and recorded ~n~_he Deed Records
of Dallas County, Texas. Grantee, its successors and assigns, shall
not apply for any zoning change for all or any par~ of ~he ProperTy
withou% f~rs= ob=aining Orantor's written consent thereto. Grantor
shall have the right %o enforce =he Restrictions by any proceeding a~
law or in e_cuity including, bu~ not limited ~o, T_be righ% ~o enjoin
any a~tempted or ac=ual violation of =he Restrictions.
EXI-iiB I T "C"