Enclaves-CS 880524Grantee' $ Mailing Address: TICOR ~'ITL_~ iN~L.I~%a,~%/O~-
ABQ Development Corpo rat ion coppe%~. Texas ~'5019
P.O. BOX 25625
625 Silver Southwest, Suite 200
Albuquerque, New Mexico 87125
SPECIAL WARP NTY DEED 2'
THE STATE OF TEXAS
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DALLAS
THAT The Parks of Coppell Joint venture II ("Grantor"), a
Texas joint venture, actina by and through its duly authorized
venturers, for and in consideration of the sum of TEN AND
NO/100 DOLLARS ($10.00) and other good and valuable
consideration paid to Grantor by ABQ Development Corporation
("Grantee"), a New Mexico I corporation, the receipt and
sufficiency of which are hereby acknowledged and confessed, has
GRANTED, SOLD AND CONVEYED, and by these presents does GRANT,
SELL AND CONVEY unto Grantee, those certain tracts of land
situated in Dallas County, Texas, described in Exhibit A
attached hereto and incorporated herein by reference for ~11
purposes (the "Land"). ~
TO HAVE AND TO HOLD the Land, together with all -4)n~
. . · . ·
to claim ehe same or any part thereo~, by, through or under
Grantor but not otherwise, but with full substitution and
subrogation of Grantee in and to all covenants of warranty by
others heretofore given or made with respect to the rights,
titles and interests being conveyed, or any part thereof.
Notw{thst~nding anythino to the contrari' contained herein,
this conveyance i~~ made-by Grantor -an~'-a~cepted by-Grantee
subject to thos~ encumbrances described in Exhibit B attached'~'
hereto and incorporated herein bY reference for ali purposes
(the ~"'Permitted Encumbrances') to the extent that the Permitted
Encumbrances are and remain in effect and affect all or
88103 2326
portions of the Land. This conveyance is not intended and
shall not be construed to extend or spread any of the Permitted
Encumbrances to any portion of the Land not Dresently covered
thereby.
Current &d valorem taxes against the Land have been
prorated between Grantor and Grantee as of the date hereof, and
Grantee hereby expressly assumes the payment of ad valorem
taxes levied or assessed against the Land for 1988 and
subsequent years. Grantee acknowledges that this conveyance is
made by Granto~ and accepted by Grantee subject to the lien for
property taxes for: (i) as to Tract 1, the year 1988 and
subsequent years, and subsequent assessments for prior years
due to change in land usage or ownership; and (ii) as to
Tract 2 and Tract 3, taxes for the year 1986 and subsequent
years, and subsequent assessments for prior years due to change
in land usage or ownership. Notwithstanding the foregoing,
Grantor has agreed to pay any additional ad valorem taxes
(including any penalties or ~ntere~t thereon) levied or
assessed against the Land after the date hereof arising or
resulting from Grantor's utilization during time periods prior
to the date hereof of open land act or agricultural use ad
valorem tax relief provisions or resulting from the withdrawal
of agricultural use er open land act exemptions from portions
of the Land insofar as any such withdrawal results in
additional ad valorem taxes attributable to the period of time
prior to the date hereof (collectively, the "Additional
Taxes"). The foregoing agreement of Grantor to pay the
Additional Taxes is a non-recourse obligation, and Grantee
agrees to look solely to the security provided for the payment
of the Additional Taxes as provided'in that certain Development
'Agreement of even date herewith between G-~nto[ and Grantee.
Without warranty, express or implied, this conveyance also
covers any right, title~ and interest of Grantor in: (i) any
stripr or gores of land between the boundary lines of the Land
and any adjacent public rights-of-way or easements; and
(ii) public rights-of-way or easements adjacent to the boundary
lines of the Land. __~
EXECUTED as of the day of , 1988.
GRANTOR:
THE PARKS OF COPPELL JOINT VENTURE II
By~ !, ~ichael R.Uk)llen ~Joint venturer
2 -
NI~MB~It 164180
EXHIBIT "A"
TKACT 2 CON'T:
THENCE in a southwesterly and westerly direction along the northerly line of said
Parkway Boulevard and said curve to the right having a radius of i006.00 feet, a
central angle of 30 degrees 20 minutes 13 seconds, a tangent length of 2?2°73 fee~
and an arc l~ngth of 532,66 feet to an iron roe at the end of said curve to the
ri.~ht;
THENCE South 88 degrees 59 minutes 02 seconds West, continuing along the northerly
line of said Parkway Boulevard, a distance of 647.83 feet to the POINT
BEGINNING and containing 1,200,729 square feet, or 27.5650 acres of land,
TRACT 3 :
Being a 66,6453 acre tract of 1.~nd situated in the Clarinda Squires Survey,
Abstract No. 1327, the S. A. & M.G,R.R. Survey, Abstract No. 1430 and the Sibered
Henderson Survey, Abstract No. $29 in the County of Dallas, Texas, and beit~ a
portion of thac ~r~ain crac~ of la~ ~ ~ecribed in deed from ~ Financial
Corp. to M. ~uglas Adkins, Trustee, as record~ in Volume 76188, Page 235~ in the
~ed Records of ~ll. as County, Texas, a~ ~t~ mrs ~r~lculsrly ~scrlbed as
follows~
said corner being on the north 1~ of ~ndy ~e Road (a variable vid~ R.O.W.):
~EN~ North 01 degrees 22 minutes 49 seconds West, along the weoC line of said
Perkins tract, a ~scance of 620.89 feet ~o ~he Point of Beginning;
THENCE ~rth O1 degre2s 22 minutes 49 seconds West, a distance of 2084.13 feec to
an iron rod at the beginni~ of a ,:urve co t~e left;
~EN~ in a northwesterly direction alo~ said curve ~o the left havi~ a radius
of 209.09 feet, a central angle of 29 degree~ 58 minutes 22 seconds, a tangent
length of 55.97 feet, and an arc length of 109.38 feet ~o an iron rod at the end
of said cu~e to the left, said ~lnt ~tng on the southerly ~ne of Parkway
~ulevard (an 88 fooC R.O.~.) as recorded ~n Volume 84040, Page 3023 of the ~ed
Records of ~llas ~unty, Texas;
THEN~ ~rth 58 degrees 38 minutes 49 secoffds East, ~ong the northerly line of
said Parkway ~ulevard, a distanc~ of 422.54 feec ~o an iron rod aC the begit~ning
of a curve co the right;
THEN~ in a norcheasterl[ a~ easterly direc~ion along the soutbhrly line of said
Parkway Boutevard and said curve to the right havi~ a radius 2156.00 feet, a
central angle of 30 degrees 35 minutes 31 :econds, a tsng~nt length of 589,~5 feet
a~ an arc length of 1151.15 feet co an iron rod at the end of said curve co the
right, said point ~ing the northwest corner of the future ~mrecorded Parkview
~dition;
TICO~ TI L~
NUMBER 164180
TRACT 3 CON ~ T -'
THENCE South 00 degrees 56 minutes 25 seconds East, along the west line of said
future unrecorded Parkview ~ddit.lon'~:for a distance of 646,78 fee: to an iron rod
at- the most. westerly southwest corner of said future unrecorded Parkview Addition;
THENCE Nort.h 89 degrees 03 minutes 35 seconds East, along the south boundary line
of said Future Parkview Addition for a distance of 230.00 feet to an iron rod at
the beginning of a curve to the right having a central angle of 14 degrees 29
minutes 32 seconds, a radius of 435.00 feet and a tangent length of 55.31 feet;
THENCE Southeasterly, continuing along said south boundary line of said future
unrecorded Parkvlew Addition and along said curve for an arc length of 110.03 feet
to an iron rod at a point of reverse curvature to the left, said curve having a
central angle of 05 degrees 49 minutes 42 seconds, a radius of 665.00 feet &rui a
tangent lengt.h of 33.85 feet;
THENCE Southeasterly, continuing along said sout.h boundary line of sa~d future
unrecorded Parkview Additi^n and along said curve for an arc length of 67.65 feet
to an iron rod at the end ~ said curve;
THENCE South 00 degrees 56 minutes 25 seconds East for a distance of 22.59 feet to
an iron rod at the most southerly southwest corner of said future unrecorded
Parkview Addition, said iron rod also lying on the abstract, line separating said
abstract 1327 from said abstract 629, said abst.ract line also being the north line
of a tract of land deeded t.o J & E Company, Inc., as recorded in Volume 79009,
Page 0433 in the Deed Records of Dallas County, Texas.
THENCE South 89 degrees 03 minutes 35 seconds West along said abstract line and
said north line of said J & E Company tract a distance of 1148.91 feet to an iron
rod aC the northwest, corner of said J & E Company tract;
TltENCE South 01 degrees 04 minutes 16 seconds East leaving sa'd abstract line and
along the west. line of said J & E Company tract for a distance cf 1419.83 feet to
an iron rod at the southwest corner o~ said J & E Company tract;
THENCE North 88 de~reea 34 minutes 54 seconds East along the south line of said J
& E Company tract for a distance of 638.39 feet to an iron rod at the northwest
corner of a tract of land deeded to John H. Burns, Jr. as recorded in Volume 2143,
Page 595 in t.he Deed Redords of Dallas County, Texas;
THENCE Sout.h 00 degrees 51 minutes 03 seconds West along the west line of said
Burns tract for a distance of 1153.29 :est to an iron rod on the north R.O.W. line
of Sandy Lake Road (a variable width R.O.W.);
THENCE South 88 degrees 28 minutes 22 seconds West along said no£th R.O.W. llne of
said Sandy Lake Road a distance of 677.68 feet to an iron rod at the southeast
corner of a tract of ]and deeded to Shirley Harpold as recorded in Volume 77116,
Page 627 in the Deed Records of Dallas County, Texas;
Page 6 of 7.
TICOR TITLE(~
NUmBeR 164180
EXHIBIT "A"
TRACT 3 CON'T:
THENCE North 01 degrees 54 minutes 52 seconds East leaving said north line of
Sandy Lake Road, along the east line of said Harpold tract for a distance of
564.07 feet Co an iron rnd au the northeast corner of said Harpold tract;
THENCE South $9 degrees 51 minutes 14 seconds West. along the north line of said
Harpold trace and the north line of said Perkins ~rac~. for a distance of 630.05
feeC to the Point of Beginning and containing 2,903.071 square feet, or 66.6453
acres of land.
Page 7 o~ 7.
TICOR TITLE~
EXHIBIT
Permitted Exceptions
1. Ordinances, codes, laws and other governmental rules
and regulations affecting the Land.
2. Easement for sewer line purposes to the Coppell
Municipal Utility District No. 1, recorded in Volume 75142,
page 1372 of the Deed Records of Dallas County, Texas (affects
Tracts 1 and 2).
3. Easement for utility purposes to the City of Coppell,
Texas, recorded in Volume 79074, page 75 of the Deed Records of
Dallas County, Texas (affects Tract 1).
4. Easement for utility purposes to the City of Coppell,
Texas, recorded in Volume 79074, page 99 of the Deed Records of
Dallas County, Texas (affects Tract 1).
5. Easement for electric transmission/distribution line
purposes to Texas Power & Light Company, recorded in
Volume 2109, page 467 of the Deed Records of Dallas County,
Texas (affects Tract 1).
6. Eesement fer utility transmission/distribution line
purposes to Texas Power & Light Company, recorded in
Volume 2013, page 602 of the Deed Records of Dallas County,
Texas (affects Tract 1).
7. Easement for Denton tap line to the City of Coppell,
Texas, recorded in Volume 85070, page 2970 of the Deed Records
of Dallas CounPy, Texas (affects Tract 2).
8. Easement for utility purposes to the City of Coppell,
Texas, recorded in Volume 81239, page 1515 of the Deed Records
of Dallas County, Texas (affects Tracts 2 and 3).
9. Easement for electric distribution line purposes to
Texas Power & Light Company, recorded in Vclume 86189,
page 6609 of the Deed Records of Dallas County, Texas (affects
Tract 3).
]0. A~ric~:]turai [,ease, dated December 31, 1986, by and
between Pa~ks of. Coppe].l Joint Venture I and II, as lessor, and
Troy McCarley, as lessee (affects Tracts 1, 2 and 3 and other
lands).