Enclaves-ES 880524 THE STATE OF TE~S
~ MUTUAL DRAINAGE EASEMENT
COUN~ OF DALLAS
W I T N E S S E T H :
WHEREAS, on the date hereof, The Parks of Coppell Joint
Venture II ("Venture"), a Texas joint venture, has sold and
conveyed to ABQ Development Corporation ("Company"), a New
Mexico corporation, that certain land described in attached
Exhibit A (the "Company Site"); and
WHEREAS, Venture owns that certain land described in
attached Exhibit B (the "Town} Center Site") which is adjacent
to a portion of the Company Site; and
WHEREAS, there pr~o~t],! ez~t~ on that portion of the
Company Site described in attached ~xhibiL C (~he "Company
Easement Area") a linear park channel used for storm watcr
..~,.~,--6'e~inage; and
WHEREAS, there presently exists on that portion of the Town
Center Site described in a~tached Exhibit D (the "Venture
Easement Area") a linear park channel used for storm water
drainage; and
WHEREAS, the existing configuration and size of the linear
park channel located on the Town Center Site and the Company
Site has been designed so that the storm wate% drainage systems
fo~ th~ Town Center Site and the Co?ttpany Site are
interdependent; and
WHEREAS, as a material inducement to Venture~to sell and
convey the Company Site to Company and to Company~kto purchase
and accept the Company S~.te from Venture, Venture g~d Company
agreed to enter into this Mutual Drainage Easement; ".
NOW, THEREFORE, for and in consideration of the [~remi'ses
and of the agreements contained herein, Venture and Q.o~apa~y
agree as follows: "
1. Grant. '~,,
..... A~- -company hereby' GR~NTS AND CONVEYS tO Ver,.,ture,'ar~d '.,
venture's successors and assigns, a non-exclusive easement
(the "Company Easement") in, under, over and across
Company Easement Area. % ~' '~
88J03 23~5
B. Venture hereby GRANTS AND CONVEYS to Company, and
Company's successors and assigns, a non-exclusive easement
(the "Venture Easement") in, under, o~'ar and across the
Venture Easement Area.
2. Special Warranty.
A. Subject to the relocation rights described in
subparagraph A of paragraph 6 hereof and to those matters
described in attached Exhibit E, Company hereby binds
itself and Company's successors and assigns to WARRANT AND
FOREVER DEFEND the Company Easement in, under, over and
across the Company Easement Area unto Venture and Venture's
successors and assigns ~ against every party who[.~soever
lawfully claiming the same, or any part thereof, by,
through or under Company, but not otherwise.
B. Subj~ect to the relocation rights described in
subparagraph B of paragraph 6 hereof and to those matters
descr ~ ~ed in attached Exhibit F, Ventu. re hereby binds
itself and venture's successors and assigns to WARRANT AND
FOREVER DEFEND the Venture Easement in, under, over and
across the Venture Easement Area unto Company and Company's
successors and assigns against every party whomsoeve~
lawfully claiming the same, or any part thereof-, by,
through or under Venture, but not otherwise.
3. Use.
A. The Company Easement and the Company Ea se~,;ent
Area may be used by Venture and/or Venture's successors and
assigns for: (i) storm water drainage from all or portions
of the Town Center Site; and (ii) the location, relocation,
construction, reconst ruction~ alteration, ~aintenance,
repair, inspection, operation and removal of any
improvements required by the City to facilitate or improve
storm water ~rainage from all or portions of the Town-,
Center Site and/or the Company Site.
B. The Venture Easement and the Venture Easement ~
Area may be used by Company and/or Company's successors and cO
assigns for: (i) storm water drainage from all or portions cq
of the Company Site; and (ii) the location, relocation,
construction, reconstruction, alteration, maintenance, C~
repair, inspection, operation and removal of any
improvements required by the City to facilitate or improve CD
storm water drainage from all or portions of the Company oO
-Site and/or the Town Center Site. CO
4. Res.nrvation.
A. Company hereby reserves the right to: ~) grant
other easement rights in, u.~der, over and across the
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Company Easement Area for any use which does not prevent or
make more expensive the use fo~ which the Company Easement
is granted; and (ii) use and make improvements to the
' ,..i~ Company Easement area for any purpose which does not
prevent or make more expensive thc use for which the
Company Easement is granted.
B. Venture hereby reserves the right to: (i) grant
other easement rights in, under, over and across the
Venture Easement Area for Dny use which does not prevent or
make more expensive the us~ for which the Venture Easement
is granted; al.-~. (ii) use and make improvements to the
Venture Easement Area for any purpose which does not
prevent or ma~e more expensive the use for which the
Venture Easement is granted.
5. Easement I_~rovements. Either Venture or Company
shall ha~e the right to make any improvements required by the
City to the Venture Easement Area and/or the Company Easemen~
Area to facilitate or improve storm water drainage from the
Town Center Site and/o~ the Company Site. The costs to
construct any easement improvements shall be paid by the party
causing the construction thereof (the "Easement Improvement
Constructor"), but if the other party's (the "Other Party")
site has not been platted and all improvements to the
applicable easement area (the Venture Easement Area or the
Company Easement Area) required by the City have not been
completed and accepted by the City prior to the construction of
the applicable easement improvements, the Other Fatty shall
reimburse the Easement Improvement Constructor for the Basic
Costs in cash on that date which is the later of: (i) sixty
(60) days after the date of the completion of the applicable
easement improvand all improvements to the applicable easement~-,
area (the Venture Easement Area or the Company Easement Area)
required by the City ements; (ii) forty-five (45) days after
the Other Party has received copies of construction contracts,
invoices, statements and other evidence reasonably necessary to
establish the amount of the Basic Costs and the full payment
thereof; or (iii) ninety (90) days after all or any bart of the
site owned by the Other Party has been platted. If the Other
Party's site has been platted and all improvements to the
applicable easement area (,he Venture Easement Area or the
Company Easement Area) required by the City have been completed
and accepted b? the City prior to the construction of the
applicable easement improvements, thc Ot~er Party shall not
have any obligation to reimburse the Easement Improvement
Const£uctor for the Basic Costs. As used herein, "Basic Costs"
m~n~ the minimum costs necessary to construct the improvements
required by the City on the Other Party's site, but all
easement ~provements constructed shall contain sufficient
capacity to allow the development of both the Town Center Site
and the Company Site to the maximum densities permitted under
- 3 -
,~e zoning designations applicable to the Town Center Site and
~' ComDanv Site on the date of this Mutual Drainage Easement.
/?~ic-~st~ shall not include supervision and/or overhead costs
of the Easement Improvement Constructor nor, unless approved by
the Other Party in writing, shall Basic Costs include items
such as landscaping or other/improvements not required by the
City. Basic Costs shall be establishcd by the Easement
Improvement Constructor obtaining a separate bid or contract
covering only the costs to construct the improvements required
by the City on. the Other Party's site. The Easement
Improvement Constructor shall obtain at least three (3)
competitive bids from three (3) different contractors for the
construction of the improvements required by the City on the
Other Party's site, and the Easement Improvement Constructor
shall accept the lowest bid uqless the Other Party approves the
acceptance of a higher bid in writing. Both Venture and
Company agree to deliver to the other copies (includin~ all
engineering information) of any plats filed with the City on
each party's site concurrently with any such filing with the
Cit~.
6. Relocation Rights.
A. Company shall have the right to relocate all or
any part of the Company Easement Area and all or any part
of any then existing easement improvements. Any such
relocation is expressly conditioned upon: (i) the
substitution ot a different area of the Company Site as the
Company EasemeDt Area by Company which will provide the-,
same or greater storm water drainage from all or portions
of the Town Center Site a~d/or the Company Site as is
provided by the Company Easement Area described in attached
Exhibit C; (ii) the reconstruction by Company of any then
existing easement improvements necessitated by such
relocation; and (iii) Company not taking any action to
interfere with the existing Company Easement Area and any
then existing easement improvements until the new Company
Easement Area and reconstructed easement improvements are
ready to function. All costs of any such relocation shall
be paid by Company, and Venture shall not have any
obligation to reimburse Company for any portion of such
relocation costs under the provisions of paragraph 5
hereof. Upon the substitution of a different area of the
Company Site as the Company Easement Area by Company and
the completion of the reconstruction by Company of any then
existing easement improvements that are relocated, that
portion of the Compan~ Site for which Companv substituted a
different area of the Company Site as the Company Easement
Area shall be deemed released from this Mutual Drainage
Easement, and Venture agrees to execute and deliver to
Company an instrument releasing such area from this Mutual
Drainage Easement if requested to so by Company.
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B. Venture shall have the right to relocate all or
ii!~i.,any part of the Venture Easement Area and all or any part
'~?Of any then existing easement improvements. Any such
relocation is expressly ~conditioned upon: (i) the
Substitution of a different area of the Town Center Site as
the Venture Easement Area by Venture which will provide the
same or greater storm water drainage from all or portions
of the Company S~ite and/or the Town Center Site as is
provided by the venture Easement Are~ described in attached
Exhibit D; (ii) the reconstruction by Venture of any then
existing easement improvements necessitated by such
relocation; and (iii) venture nct taking any action to
interfere %~ith the existing 'Venture Easement Area and any
then existing easement improvements until the new Venture
Easement Area and reconstructed easement improvements are
ready to function. All costs of any such relocation shall
be paid by Venture, and Company shall not have any
obligation to reimburse Venture for any portion of such
relocation costs under the prov.isions of paragraph 5
hereof. Upon the substitution of a different area of the
Town Center Site as the Venture Easement Area by Venture
and the completion of the reconstruction by Venture of any
then existing easement improvements that are [elocated,
that portion of the Town Center Site for which Venture
substituted a different area of the Town Center Site as the
Venture Easement Area shall be deemed released from this .,,
Mutual Drainage Easement, and Company agrees to execute and
deliver to Venture an instrument releasing such area from
this Mutual Drainage Easement if requested to so by Venture.
7. Linear Park Improvements. Except as provided in
paragraphs 5 and 6 hereof, Venture and Company agree that each
party is responsible for the costs of constructing any
improvements to the proposed linear park system located upon
the applicable party's own site, including, without limitation,
all drainage system improvements. Ali such construction shall
be performed without material deviation frcm plans and
specifications therefor to be approved by the City. Venture
and Company hereby acknowledge that the existing configuration
and size of the linear park channel has been designed so that O~
the drainage systems for the Company Site and the Town Center .z~
Site are interdependent. Consequently, Venture and Company CO
each agree that, without the prior written consent of the other 04
party, no easement shall be granted and no improvements to the
linear park systen on the applicable party's ~ite will be
constructed in any manner which will increase the amount of CO
other party's site; provided, however, nothing herein is oO
~ntended or shall be construed to limit, inh~bit or restrict CO
Venture's right to develop the Town Center Site to its maximum
permitted density under current zoning ordinances or to limit,
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inhibit or restrict Company's right to develop the Company Site
to its maximum permitted density under current zoning
i.ordinances.
8. Enforcement. If Venture or Company breaches any of
the duties or obligations imposed upon the applicable party
under the terms, provisions, conditions, covenants and
agreements contained herein (the applicable party, the
"Defaulting Party"), the other party (the "Non-Defaulting
Party") shall have the right to: (i) seek injunctive relief to
require the Defaulting Party to perform such duties or
obligations; (ii) seek compensation for damages arising or
resulting from the failure of the Defaulting Party to perform
such duties or obligations; (iii) cause such duties or
obligations to be performed in which event all sums expended by
the Non-Defaulting Party in causing such duties or obligations
to be performed shall become a demand obligation o%¢ed by the
Defaulting Party to the Non-Defaulting Party from the dates
No~-ue~ult~n~ Party, shall bear
such ~ m'~ are expended by the ~ -" ~"' ~
intere~::· the lesser of the highest lawful contractual rate
of interest or eighteen percent (18%) per annum from the date
expended by the Non-Defaulting Party until repaid by th~.
Defaulting Party, and shall be subject to collection by suit in
any court of competent jurisdiction; or (iv) exercise all
rights or remedies otherwise available at law, in equity or by
statute. All rights and remedies shall be cumulative and not
exclusive. It is expressly agreed that time is of the essence
in the performance of all terms, provisions, conditions,
covenants and agreements contained herein. In any legal or
equitable proceeding for the enforcement of any of the terms,
provisions, conditions, covenants or agreements contained
herein or for damages for the breach of any of the terms,
provisions, conditions, covenants or agreements contained
herezn, the losing party shall pay the attorneys' fees and
court costs of the prevailing party.
9. Covenants Running With Land. As used herein, Venture
means and includes Venture and all subsequent parties who from
time to time own or hold legal or equitable title to all or
portions of the Town Center Site. As used herein, Company
means and includes Company and all subsequent parties who from
time to time own or hold legal or equitable title to all or
portions of the Company Site. The terms, provisions,
conditions, covenants and agreements contained in this Mutual
Drainage Easement are covenants running with the land and shall
bind and inure to the benefit of Venture and Company and their
respective heirs, ~evisees, personal representatives,
successors or assigns who fro~ time to time own or 'hold legal CO
or equitable title to all or portions of the Town Center Site OO
or the Company Site.
- 6 -
10. Severabili~_.Z. If any term., provision, condition,
covenant or agreement contained herein is held to be illegal,
invalid or unenforceable, the legality, validity and
enforceability of the remaining terms, provisions, conditions,
covenants and agreements contained herein shall not be affected
thereby, and in lieu of each such illegal, invalid or
unenforceable term, provision, condition, covenant or
agreement, there shall be added to this Mutual Drainage
Easement a legal, valid and enforceable term, provision,
condition, covenant or agreement as similar as possible to the
term, provision, condition, covenant or agreement declared
illegal, invalid or unenforceable.
11. No Waiver. No waiver of any of the terms, provisions,
conditions, covenants or agreements contained herein shall be
effective unless in writing executed by the party for whose
benefit the applicable term, provision, condition, covenant or
agreement is intended. No waiver of any term, provision,
condition, covenant or agreement contained herein under a
particular circumstance shall be deemed a waiver of such term,
provision, condition, covenant or agreement under a different
circumstance.
12. ~. The captions contained in this Mutual
Drainage Easement are for convenience only and shall in .no way
enlarge or limit the scope or meaning of the various and
several paragraphs hereof.
13. Gender. Within this Mutual Drainage Easement, words
of any gender shall be held and construed to include any other
gender, and words in the singular number shall be held and
construed to include the plural and vice versa, unless the
context otherwise requires.
14. Count~arts. This Mutual Drainage Easement has been
executed --~n multiple counterparts, each of which shall be
deemed an original, and all of which shall constitute but one
and the same instrument.
15. Exhibits. All exhibits attached hereto are
incorporated here~n by reference for ail purposes wherever
reference is made to the same.
16. ~ Law. This Mutual Drainage Easement shall be
governed by and construed in accordance with the laws of the
State of Texas, and Venture and Company both irrevocably agree
that venue for any dispute involving this Mutual Drainage
Easement shall be in any court of competent jurisdiction in
Dallas County, Texas.
17. Co__~lete A__~reement. This Mutual Drainage Easement
embodies the entire agreement between Venture and Company with
respect to the subject matter hereof and supersedes all prior
agreements, written or oral, with respect to the subject matter
hereof. ~ .,I
EXECUTED as of the ~ day of ~ ,
1988.
VENTURE:
THE PARKS OF COPPELL JOINT VENTURE II
-- 'J' 1Michael R. Allen Joint Venturer
By __~y Joint Venturer
By: The Stac¥ Su,anne ~llen
Joint Venturer
By ~~
M ~l R. Allen
Attorney-in-Fact
By: The Christine Anne Allen ~
Special Trust,
Joint Venturer
By ~~1 R. Al'len m
Attorney-in-Fact
- 8 -
By: The John Michael Allen
Special Trust,
Joint Venturer
~ Mi~chaeF R. ~llen
Attorney-in-Fact
By: The David Crittenden Allen
Special Trust,
Joint Venturer
~i~hael R. Alien
Attorney-in-Fact
COMPANY:
ABQ DEVELOPMENT CORPORATION
Senior Vice President
THE STATE OF TEXAS
COUN'I~ OF DALLAS §
This instrument was acknowledged before me on ,
1988, by Michael R. Allen, a joint venturer in The ~arRs of
Coppell Joint Venture II, a Texas joint venture, on behalS-~f
said joint venture.
GIVE~. ~NDER MY HAND AND SEAL OF OFFICE, this the day
of/~ , 1988.
)~x~<~,{ ~MMI~i0N~P~RCS d Nc~ary Public in and for
,I~,~..~ $~MB6~LIg~ f the State of Texas
.,
My Commission Expires:
Printed Name Of Notary
THE STATE OF TEXAS §
COUNTY OF DALLAS
This instrument was acknowledged before me on /~ ~ ,
1988, by Glen A. Hinckley, a joint venturer in 'The t~arks Of
Coppell Joint Venture II, a Texas joint venture, on behalf of
said joint venture.
this the
GIVE~ UNDER MY HAND AND SEAL OF OFFICE,
of /~ ., 1988.
'Notary Public ' r CO
~~] ~~Rf~ ~ the State of Texas
Printed Name of Notary
- 10 -
THE STATE OF TEXAS
COUNTY OF DALLAS
This instrument was acknowledged before me on ,
1988, by John 8. Kidd, a joint venturer in The Parks ofJ Coppell
Joint Venture II, a Texas joint venture, on behalf of said
joint venture.
MY HAND AND SEAL OF OFFICE, this the~ day
of ~1988.
No----~ary Public and for
'" the State of Texas
My Commission Expires:
Printed Name of Notary
THE STATE OF TEXAS
COUNTY OF DALLAS
This instrument was acknowledged before me on ~~c~~
1988, by Michael R. Allen, as Attorney-in-Fact~ .~,~ac~
Suzanne Allen Special Trust, a Joint venturer in The Parks of
Coppell Joint Venture II, a Texas joint venture, on behalf of
said joint venture.
GIVEN ~NpER ~ HAND AND SEAL OF OFFICE. this the~day----
~y Co~issioP Expires:
Printed Name of Notary
- 11 -
THE STATE OF TEXAS §
COUNI'Y OF DAL,.AS §
This instrument ,~.as acknowledged before me on ~t::~/~
1988, by Michael R. Allen, as Attorney-in-Fact of,~,,~ ,~.~ ~.ri in~
Anne Allen Special Trust, a joint venturer in The Parks of
Coppell Joint Venture II, a Texas joint venture, on behalf of
said joint venture.
GIVEN~~ HAND AND SEAL OF OFFICE, this the ~f~day
of ~ , 1988.
~ ."~i~'~':.t''~;% 0[U0R~H J. S~INN~ ~
~t~~ the State of Texas
My Co~ission Expires:
Printed Name of Notary
THE STATE OF TEXAS
COUNTY OF DALLAS § ~ /e~'
This instrument was acknowledged before me on ,
1988, by Michael R. Allen, as Attorney-in-Fact John
Michael Allen Special Trust, a joint venturer in The Parks of
Coppell Joint Venture II, a Texas joint venture, on behalf of
said joint venture.
GIVEN~UNDER MY HAND AND SEAL OF OFFICE, this the ~/7~ day
[~pJ ~MI~ION~P;~[S ~ Notary Publ~ in and for CO
the State of Texas
My Commission Expires:
Printed Name of Notary
- 12 -
THE STATE OF TEXAS .~
COUNTY OF DALLAS ~
was acknowledged before me on /~~~~f T~e Da~
This
instrument
1988, by Michael R. Allen, as Attorney-in-Fact
Crittenden Allen Special Trust, a joint venturer in The Parks
of Coppell Joint Venture II, a Texas joint venture, on behalf
of said joint venture. : ~ ..... ~
GIVEN /~N_DER MY HAND AND SEAL OF oFFIcE, this the~ day
of ~ , 1988.
~~ Notary Publi~ ill and for
~!~ ~1].]~8 ~ the State of Texas
Printed Name of Notary
THE STATE OF TEXAS
COUNTY OF DALLAS
This instrument was ackno~:ledged before me on /~ ~.~
1988, by Stat Strickman, Senior Vice Presid~nt %30f AB6
Development Corporation, a New Mexico corporation, on behalf of
said corporation.
GIV~ UNDER MY HAND AND SEAL OF OFFICE, this the
Notary Public i/n and for
the State of Texas
My Commission Expires:
. .Printed Name of Notary
4560S
EXHIBIT A
Company Site
BOUNDARY DESCRIPTION
THE COMPANY SITE
BEING a 66.6453 acre tract of land situated in the Clarinda Squires Survey, Abstract
No. 1327, the S.A. t N.G.R.R. Survey, Abstract NG. 1430 and the Sibered HenderSon
Survey, Abstract No. 629 in the County of Dallas, Texas and being a portion of that
certain tract of land as described in deed Eton Good Financial Corp. to N. Douglas
Adkins, Trustee, as recorded in Volume 76188, page 2355 in the Deed Records of Dallas
County, Texas and being acre particularly described as follows:
COMqENCING at the southwest corner of a tract of land deeded to Ruth Perkins as
recorded in Volume 69241, Page 459 of the Deed Records of Dallas County, Texas,
said corne:: being on the north line of Sandy Lake Road (a variabl~ width
Thence North 01022~49'' Nest, along the west line of said Perkins tract, a distance
of 620.89 feet to the POINT OF BEGINNING;
THENCE North 01*22'49" West, a distance of 2084.13 feet to an iron rod at the
beginning of a curve to the left;
THENCE in a northwesterly direction along said curve to the left havin~ a radius
of 209.09 feet, a central angle of 29'58'22", a.tangent length of 55.97 feet, and
an arc length of 109.38 feet to an iron rod at the end of curve to the left, said
point being on the southerly line of Parkway Boulevard (an 88 foot R.O.W.) as recorded
in Volume 84040, page $023 of the Deed Records of Dallas County, Texas;
THENCE North S8°38'49'' East, along| the northerly line of said Parkway Boulevard,
a distance of 422.54 feet to an iron rod at the beginning of a curve to the right;
THENCE in a northeasterly and easterly direction along the southerly line of said
Parkway Boulevard and 'said curve to the 'right having a radius of 2156.00 feet, a
central angle of 30°35'31'', a tangent length of 589.65 feet and ~n arc length of
1151.15 feet to an iron rod at the end of said curve to the right, said point being
the northwest corner of Future Parkview Addition, unrecorded:
THENCE South 00*56'25'' F~st, along 'the west line of Future Parkview Addition for
I distance of 646.7& feet to an iron rod at the most westerly southwest corner of
said Future Parkview Addition;
THENCE North 89003'35' 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 hngle of 14°29'32; a radius of 435.00 feet and a tangent
length of 55.31
THENCE Southeasterly, continuing along said south boundary line of said Future
Parkview Addition and along said curve for an arc length of I10.03 feet to an iron
rod at the point o£ reverse curvature to the left. said curve having a central angle
o£ 05°49M2', a radius of 665.00 fset and a tangent length of 33.85 feet;
THENCE Southeasterly, continuing along said south boundary line of said Future
Parkvi~w Addition and along said curve for an arc length of 67.65 feet to an iron
rod at the end of said curve;
T}iENCE South 00°56'25'' Bast for a distance of 22.59 feet to an iron rod at the most
southerly southwest corner of said Future Parkview Addition, said iron rod also
lying on the abstract line separating said abstract 1327 from said abstract 629,
said ~bstract l£ne also being the north line of a tract of ~and deeded to
Coup~ny, ~c. 15 recorded in Volu~e 79009, P~ge 0433 in the Deed Records o~ Dallas
County, Texas;
THENCE South 89'03~3S' Nest along sa£d abstract line and said north line of said
$ & E Company tract I distanc~ o~ 1148.~1 £eet to an iron rod at the northvest corner
o£ said J & ~ Company tract;
T~CE South 01°04'~6' ~ast lea¥in~ said abstract line and alon~ the ~est line
s~id J 6 £ Co~pany tract ~or a d~s~ance o~ ~19.83 ~e~ to an ~ron rod
sou~h~es~ co~ner of sa~d J ~ ~ Co~ny
~C~ North 88'34'~4' ~as~ along sa~d sou~h l~ne of sa~d J ~ ~ C~ny r~ac~
a d~s~ance of 638.39 ~eer ~o an ~ron rod ~ ~he northwest cc~er o~ a rrac~ o~ land
deeded ~o John H. Bu~s, Jr. as recorded ~n Vol~e 21~3, Pa~e S9S ~n the 0eod Records
o~ Dallas Cowry, Te~s;
~CE South OOeSI'03'' Nest along the ~est line oE said Burns trac: for a distance
of ~S~.29 feet to an t~on tod on the north R.O.N. 2~ne of S~ndy Lake Road (e wt~a~e
~dth R.O.~.);
~C~ South 88e28~22' Nest a2ong sa~ north R.O.W. ~ne o~ se~d Sandy ~ake Road
a distance o~ 677.68 ~eet to an tton tod at the eoutheaat cornet o~ a tract o~
deeded to Shtr~ey ~tpo~d as :ecot~e~ ~n Vo~e 77~6, Page 627 tn the Deed Records
of Da~as County, Te~s;
~C~ North 0~e54~52- East 2eav~ng sa~d no~th ~ne o~ Sandy L~ke Road~ a~ong the
east ~tne o~ said ~t~d tract fc~ a distance o~ ~64.O7 ~eet to ~n ~ton tod at
the northeast cornet o~ ~a~d Hat~d tract;
~CE South 8~eS~4' Nest, a~ong the north 2~ne o~ said ~at~d tract and the
north ~tne of said Perkins t~act, ~ot a d~stance of 6~0.0S ~eet to the POINT OF
BEGiNNiNG and containing 2,90~,07~ squ~te feet, ot 66.64~ acte~ o~
Town Center Site
BOUNDARY DESCRIPTION
TOWN CENTER SITE
BEING a tract of land situated in the S.A. & ~.G.R.R. Survey, Abstract Ho. 1430
in the City of Coppell, Dallas County, Tezas and being part of that certain tract
of land described in deed from Good Financial Corportation to N. Dou~le~ Adkins,
Trustee, as recorded in Vol, me 76188, page 2355 in the Deed Records of Dallas County,
Texas and being more particularly described as follows:
BEGINNING at a point of intersection of the south line.of Parkway Bc. ulevard (an
88 foot right-of-way) with the east line of' ben{on Tap Road (a variable width
right-of-way);
THENCE North $8°$9,02,, East, ~10.0~ feet along the sa~d south of Parkway Boulevard
to a point for corner;
THENCE South 1'00'58" East. 580.99 feet lepving the said south line of Parkway
Boulevard to a point for corner:
THENCE Not'th 88°59'02'' East, 550.0~ fact to a point for corner;
'£~NCE North 1~00~58' West, 625.48 feet to a point for corner on the said south
line of Parkway Boulevard, said point also being in a curve to the left running
in an easterly direction and having a central angle of 13°56,40,, a radius of 1094.00
feet and a chord bearing of North 6S'37'09"
THENCE along said cuPve, and the said south line of Parkway Boulevard~ 266.25
feet to the end o£ said Curve;
THENCE North S8°38~49- East, 155.60 feet continuing along the said south line
of Parkway Boulevard to a point for corner;" said point also being in a curve to
the right running in a southerly direction and having a central angle of 29eS8'22-
a radius of 209.09 feet and a chord bearing of South 16°22~00,, East;
THENCE along said curve, and leaving the said south line of Parkway Boulevard,
109.38 feet to the end of said curve;
THENCE South le22~49- East, 2705.02 fei to a point for corner on the north line
of Sandy Lake Road (a variable width right-of-way);
THENCE South 89°i1~49- West, 770.81 feet along the said north line of Sandy Lake
Road to a point for corner;
THENCE North 0'56'19" Nest, 2SI.79 feet leaving the said north line o£ Sandy
Lake Road to a point for corner;
THENCE South 89°0~,11,, West, 175.00 feet to a point for corner;
THENCE South 0°$6~19- East, 2S1.79 feet to a point for corner on the said north
line o£ Sandy Lake Road;
~tENCE South BNa42,38,, Nest, 379.66 feet along the said north line of Sandy Lake
Road to a point for corner;
THENCE North 47045,13,, West, 73.02 feet continuing along the said north line
of Sandy Lake Road to a point for corner at the intersection of the said north line
of Sandy Lake Reed with the said east line of Denton Tap Road;
THENCE along the said east line of Denton Tap ~oad the following courses and
distances; North 3*1~'58" West, 139.20 feet to the beginning of a curve to the right
having a central angle of 2°18'00" and a radius of 5679.70 feet; Thence along said
curve 227.98 feet ~to the end of said curve; Thence North 1~00~S8,, West, 1983.50
feet to ~he beginning of a curve to the right having a central £ngle of 1°48'30
and a radius aF ~R?o ~n e~^.. ~._
, '' aloug ~ai~i curve I?V.ZO feet to the POINT OF
BEGINNING and containing 74.430 acre~ (3;242,192 square feet)
Company Easement Area
BOUNDARY DEUCRIPTION
EAST PORTION
BEING a tract of !and situated in the Clarinda Squires Survey, Abstract No. 1327
and the Sibered Henderson Survey, Abstract No. 629 in the City of Coppell, Dallas
County, Texas and being a portion of tha~ certain tract of land as described in
deed from Good Financial Corp. to M. Douglas Adkins, Trustee, as recorded in Volume
76188, Page 2355 in the Deed Records of Dallas County, Texas and being more
particularly described as follows:
COW~iENCING at the southwest corner of a tract o£ land deeded to Ruth Perkins
as recorded in Volume 69241, Page 459 of the Deed Records of Dallas County, Texas,
said point also being on the north line of Sandy Lake Road (a variable width
right-of-way); Thence No,th 1"22'49" West, 1216.70 feec leaving the said north line
o£ Sandy Lake Road to thelPOINT OF BEGINNING;
13tENCE North 1°22'49" West, 7.79 feet to a point for corner;
THENCE North 88°01'14'' East, 35.59 feet to a point for corner;
THENCE North 23°36'27'' East 95.31 feet to a point for corner;
THENCE North 33°26'51'' East 18.75 feet to a point for corner;
THENCE North 60039'24" West 28.49 feet to a point for corner;
THENCE North 20"06'02" West 47.53 feet to a point for corner;
3HENCE North 3°39'15'' West 68.27 feet to a point for corner;
THENCE North 2°05'21'' West 127.20 feet to a point for corner;
THENCE North 0009'27'' Nest 131.01 feet to a point for corner;
THENCE ~orth 2'18'59" Nest 127.83 feet to a point for corner;
THENCE North 1'03'09" Nest 134.97 feet to a point for corner;
THENCE North 1'06'27" West 125.36 feet to a point for corner;
THENCE North 1"$7'31" West 157.49 feet to a point gor corner;
THENCE North 7'13'29" East 44.96 feet to a point for corner;
THENCE North 45°2S'27'' East 39.77 fee~ to a point for corner;
THENCE North 57°21'20~' East 104.20 feet to a point for corner;
THENCE North 58"08'48" East 122.35 .feet to a point for corner;
THENCE North 57'21'38'; East 141.41 feet to a point for corner; "'
THENCE North 61'05'34" East 118.44 feet tca point for corner;
THENCE North 55'33'44" hit 108.30 feet'to a point for corner;
THENCE North 62'56'25' East 69.42 feet to a point for corner;
THENCE North 75e26'26'' East 48.24 feet to a point for corner;
lit'FI<CE North 86e14'02'' East 70.93 feet to a point for corner;
THENCE North 87055'03'' East 118.29 feet to a point for corner;
THENCE North 88057t16'' East 121.50 feet to a point for corner;
THENCE North 88°59'40'' East 124.31 feet to a point for corner;
THENCE North 88'31'31" East 130.07 feet to a point for corner;
THENCE North 86055'17'' East 47.53 feet to a point for corner;
THENCE North 19059'26'' East 29.37 feet to a point for corner;
THENCE North 5"57'56" East 95.82 feet to a point for corner;
THENCE North 8022'40'' West, 44.35 feet to a point for corner;
THENCE North 2°36'12'' East, 124.02 feet to a point for corner;
THENCE North 3'06'37" Essto 115.98 feet to a point for corner;
THENCE Nn~th 3"10'54" EasZ, !23.82 feet to a point for corner;
THENCE North $"13'47' West, 2.55 feet to &point for corner on the south line
of Parkway Oou!evard Can 88 foe; right-o£-way), said point also being in a curve,
to the right running in a westerly direction and having a central angle of 2028'07''
~ radius el 2156.00 feet and a tangent bearing of North 86'46'13" East;
92.89 feet to the emd of said curve;
7HENCE South 0°$$'2S'' ~ast, 646.78 feet leaving the said south lime of Parkway
Boulevard to a point for corner;
THENCE North B9°03'3~'' East, 2~0.00 ~l~et to the ~6ginning of a curve to the right
having a central angle of 14°29'32" anda' radius of 455.00 feet;
THENCE along said curve 110.05 feet to the end of said curve, and to the beginning
of a curve to the left havin~ a central angle of ~°49'42" and a radius of 66~.00
feet;
TIIENCE along said curve ~7.65 feet to the end of said curve;
THENCE South 0°56~25' East, 22.59 feet to a poin~ for corner;
THENCE South 89°03'$5'' West, 1148.91 feet to a point for corner;
THENCE South 1°04'16'' East. 12.73 feet to a point for corner;
THENCE South 75026'26'' West, 20.26 fee~ to a point for corner;
THENCE South 62052'47'' West, 155.19 feet to a point for corner;
THENCE South 55°29'1~'' West, 155.38 feet to a point for corner;
THENCE South 57*55'31" West,. 111.78 feet to a point for corner;
THENCE South 60~42'20'' West, 112.70 feet to a point for corner; .
THENCE South 55e07'58'' West, 87.57 feet to a point for corner;
THENCE South 32°50'30'' Mast, 45.01 feet to a point for corner;
THENCE South 1°05'13'' East, S5.95 feet to a point for corner;
THENCE South 1°59'15'' East, 98.68 feet to a point for corner;
THENCE South 1054'22'' East, 128.21 feet to a point for corner;
THENCE South 2e37'08'' East, 137.73 feet to a point for corner;
THENCE South 3°33'37" East, 129.34 feet to a point for corner;
THENCE South 0e17'35'' West, 131.96 feet to a point for corner;
THENCE South 0025'29'' East, 124.67 feet to a point for corner;
3~ENCE South 0°4S'27"'West, 65.98 feet to a point for corner;
THENCE South 3°40'~5'' East, 20.97 feet to a point for corner;
THENCE South 82029'44" East, 71.27 feet to'a point for corner;
THENCE South 38°31'14" East, 123.95 feet to a point for corner;
THENCE South 22'05'17" West, 132.00 feet to a point for corner;
THENCE North 89oS5'0~'' West., 122.47 feet to a point for corner;
THENCE North 8'20'35" West, 79.77 feet to a point for corner;
THENCE North 89023'59'' West, 29.24 feet to a point for corner;
THENCE South 85019'26'' West, 36.7~ feet to the POINT OF BEGINNING and containing
o.1336 acres (267,176 square feet) of land.
EXHIBIT D
Venture Easement Area
I
BOUNDARY DESCRIPTION
PART OF LINEAR PARK
WEST PORT!ON
BEING a tract of land situated in the S.A. ~ H.G.R.R. Survey, Abstract No. 1430
in the City of Coppell, Dallas County, Texas and being a portion of that certain
~ract of land as described in deed from Good Financial Corp. to H. Douglas Adkins,
Trustee, as recorded in Volu~e 76188, Page 2355 in the Deed Records of Dallas County,
Texas and being more particularly described as follows:
COHMENCING at the southwest corner of a tract of land deeded to Ruth Perkins
as recorded in Volume 69241, Page 459 of the Deed Records of Dallas County, Texas,
said point also being on the north line of Sandy Lake Road (a variable width
right-of-way); Thence North 1°22M9'' ~est, 1216.70 feet leaving the said north line
of Sandy Lake Road to the POINT OF BEGINNIi~G;
THENCE South 8S*19'26' West 28.91 feet to a point for corner;
TIiENCE South 89°33'44' West 65.82 feet to the point for corner;
THENCE South 4=38~30' East 87.10 feet to the point for corner;
THENCE North 72'1S'S7' West 87.70 feet to the point for corner;
THENCE North 63'17~27' West 84.27 feet to a point for corner;
THENCE North 66°08'16" West 133.57 feet to a point for corner;
T~tENCE North 32'23'$8" Bast 112.71 feet to a point for corner;
THENCE North $6'33'07" East 67.16 feet to ~point for corner;
THENCE North 42'06~32'' East 87.30 feet to a point for corner;
THENCE South 47e49'27' East 127.29 feet to a point for corner;
THENCE South 2°S4'0S' East 125.88 feet to a point for corner;
THENCE South 80°59'28'' East S3.10 feet to a point for corner;
THENCE North 88e01'14' East 40.27 feet to a point for corner;
THENCE South 1°22'49" East 7.79 feet to the POINT OP BEGINNING and containing
1.191 acres (51,887 square feet) of land.
EXHIBIT E
1. Agricultural Lease, dated December 31, 1986, by and
between Parks of Coppell Joint Venture I and II, as lessor, and
Troy McCarley, as lessee.
2. Letter agreement, dated February 6, 1986, between
Parks of Coppell Joint Venture II and Texas Power & Light
Company ("TP&L") granting TP&L the right to temporarily use a
fifteen foot (15') wide strip of land to connect a power line
to provide electrical service to the Municipal Building for the
City of Coppell, Tezas.
3. Easement for electric distribution line purposes to
Texas Power & Light Company, recorded in Volume 86189,
page 6609 of the Deed ~ecord~ nf Dalla~ County, Texas.
4. Protective Covenants of even date herewith granted by
ABQ Development Corporation, duly recorded in the Deed Records
of Dallas County, Texas.
5. Electrical Easement of even date herewith executed by
ABQ Development Corporation and The Parks of Coppell Joint
Venture II, duly recorded in the De~d Records of Dallas County,
Texas.
6. Development Agreement of even date herewith executed
by The Parks of Coppell Joint Venture II and ABQ Development
Corporation, duly recorded in the Deed Records of Dallas
County, Texas.
4644S
EXHIBIT F
1. Agricultural Lease, dated December 31, 1986, by and
between Parks of Coppell Joint Venture I and ii, as lessor, and
Troy McCarley, as lessee.
2. Development Agreement of even date herewith executed
by~.Th~ Parks of Coppell Joint Venture II and ABQ Development
Cof~ratiOn, duly recorded in the Deed Records of Dallas
CountY, Texas.
O~
4645S (2:)
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1,88
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date and hme
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P~OVISIONS CONTAINED IN ANy DOCUMENT WHICH
THERr"' BE~ E OF THE R~ R~TRI~
. USE OF RACE L PROPER
~DE~L ~W AN ...... OR COLOR AR ' .......~ D~IB~
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