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Lake Park-CS 931230Grantee's Mailing Addres '-" City of Coppell s P.O. Box 478 ......... ' FILE COPY I~O . ,,,.7~."~,.."~..~':.;r' SPECIAL WARRANTY DEED STATE OF TEXAS § ~ KNOWN ALL MEN BY THESE PRE~ENTS: COUNTY OF DALLAS § THAT UNIVEST PROPERTIES, INC. ("Grantor"), for and in consideration of the stun ofTEN AND NO/100 DOLLARS ($10.00) and other valuable consideration to thc undersigned paid by thc CITY OF COPPELL, a municipal corporation and political subdivision of the State of Texas ("Grantee"), thc receipt and sufficiency of which arc hereby acknowledged, has DONATED, GRANTED, AND CONVEYED, and by these presents does DONATE, GRANT, AND CONVEY unto Grantee, that certain tract of land situated in Dallas County, Texas, described in Exhibit A attached hereto and made a part hereof for all purposes, together with all improvements thereon (the "Propen'y"). TO HAVB AND TO HOLD the Property," t~ether with all and singular the rights and appurtenances thereto ~n anyw~sc belonging unto Grantee, its successors and assJgns forever, and Grantor does hereby bind itself and its successors and assigns to WARRANT AND FOREVER DEFEND all and singular the Property unto Grantee, its successors and assilpts, against every person whomsoever lawfully claimin8 or to claim the same of any part thereof, by, through or under Grantor but not otherwise. As a material inducement to the execution and delivery of this Deed by Grantor, Grantee specifically acknowledges and agrees: (i) that Grantor has complied with and/or satisfied the terms and conditions contained in that certain Land Donation Agreement, dated November 24, 1987, between Coppell Town Center, Inc. (as assigned to Univest Properties, Inc.) Grantor and Grantee, ne amended by that certain Amendmeot to Land Donntion Agreement, dated January 18, 1990, between Grantor nmi Grantee, and all other agrcemcnls bctwcon Grantor and Grnntce with respcct to thc Property, nmi (ii) the donation of thc Park Siic to the City will greatly enhance thc quality of life in thc City and constitutes a vaJuablc charitable donation to thc City. Grantee hereby confirms that Grantor has no further obligations or liabilities with respect to said Land Donation Alp'cement, as amended, or any other agreements between Grantor and Grantee with respect to thc Property, cxeept for Grantee's continuing Agreement cnding Octobcr !, 1994, which Agreement is to mow and keep thc grass maintained on the Property in a manner similar to that maintained for thc past two ycars. This convcyancc is made and acccptcd subjcct to those matters set forth on Exhibit B attached hercto and made a part of hereof for all purposes and to the restrictions set forth un Exhibit C attached hereto and made a part hereof for all purposes. By acceptance of this Deed and as part of the consideration therefor, Grantee, its successors and assigns, covenants and asrees and shall be obligated and bound to abide by and comply with said park use restrictions, which arc covenants running with thc Property. Er, ecu~ effec~vc tt~s 30th day of'December, 1993. UNIVEST PROPERTIES, INC. By: ~ Pr~ident ACCEPTED AND AGREED TO EFFECTIVE this 30th day of Deeemher, 1993. CITY OF COPPELL By: ~?,~.~o,~-[.~,~ 0 FILE COPY COUNTY OF DALLAS § This instmment was acknowledged bct'ore me on the ~~ dayof ,~E¢£/'n~£,~. Iqf,.~ by Glcn A. Hincidey, the President of Univcst Properties, Inc.. Nollry pubik:. SIItl MTI,~II Notary Pub~ in ~nd for tl~ S~ of Texas ' _~,'~_ ' ~ ........ ~ · EXHIBIT FILE COPY BEING a =race of land situated in the B.B.B. & C.R.R. Co. Survey, Abstract No. 200, the William A. Trimble Survey, Abstract No. 1791, and in the Heirs of Gilbert C. Woosley Survey, NO. 1792 in the City o£ Co~ell, Dallas County, Texas and being more particularly described as follows~ BEGINNING a= an iron rod for corner at the southwest corner of LAKE PARK ADDXTION, an addition to the City of Coppe11 as recorded in Volume 91170, Page 2650 cE the Deed Records of Dallas County, Texas~ Thence S.89o25'23"E., 17.78 fee= to an iron rod for corner, said point being the northwest corner of Par=wood, Section Two, an addition =o the City of Coppe11 as recorded in Volume 84232, Page 1938 of the Deed Records of Dallas County, Texas~ continuing along the western boundary of Parkwood, SectionTwo the follow~n~ courses and distances~ THENCE S.3$e04'4~"W., 383.69 feet to an iron rod for corner~ THENCE S.31°06'45"W., 524.80 fee= to an iron rod for corner~ THENCE S.35~25'57"W., 436.31 feet to an iron rod for corner~ THENCE N.18e22'ld#W., 29.92 feet leavin~ said westerly line of Parkwood, Sec=ion Two to an iron rod for corner~ THENCE N.15~Og'53"W., 1008.0~ ~et to an iron rod for corner~ THENCE N.l~ld'58"W., 233.68 feet to an ~ron rod for corner, said point being adJacen~ to Denton Creek~ continuing along ~he'' southern line of Den~on Creek =he following courses and THENCE N.73e01'39"E., 69.48 feet to an iron rod for corner; -THENCE N.63~46'39"E.~ 100.00 feet to an iron rod for corner~ THENCE N.¢0~21'39"E., 78.00 feet to an iron rod £cr corner? THENCE N.35o18'40"E., 49.94 feet to an iron rod for corner~ THENCE N.05~lg'07"E., 159.80 feet to an iron rod for corner~ THENCE N.04~31'39"E., 151.00 feet to an ~ron rod for corner~ THENCE N.30~36'39"E., 342.00 fee= to an iron rod for corner~. THENC~ N.32e31'39"E., 72.~1 feet ~o an iron rod for corner; THENCE S.23~51'16"E., 14.27 feet leaving the said southern line of Denton Creek to an iron rod Eot corner~ THENCE S.21~47'27"E., 24.76 feet to an iron rod for corner? THENCE $.49~17'05"E.~ 68.00 fee= to an iron rod for corner~ THENC~ N.67~42'lT"E., 26.73 feet to an iron rod for corner, said poin= being in the wes=em line of said LAKE PARK ADDITION en~ also being in a curve =o the left running in a southerly direction having a central an~le of 29"10'37'', a radius of ?$.00 feet and a tangent bearing of THENCE along said curve 3~.1~ fee= ~o an iron rod for corner, continuing along the western line of LAKE PARK ADDITION the followin~ courses and distances, THENCE S.60"33'21"S., 394.51 feet to an iron rod for corner, said point being =he beginning of a curve to ~he right having a central angle 24°01'25", a radius of 52S.00 feet and a tangent bearing of S.48"~2'39"E.; THENCE along said curve 220.13 feet to an iFon rod for corner, said point being in a curve to the left having a central angle o£ S"12'31", a radi~s of 375.00 feet and a tangent bearing of S.49.20'26"W.; THENCE along said curve 34.09 fee= to an iron rod for corner, said point being ~he beginning of a curve to =he left having a central angle o~ 73"59'51", a radius of 90.00 feet and a tangent bearing of S.0~"44'15"w.~ THENCE alon~ said curve 116.23 feet to an iron rod £or corner, said point being =he beginning of a reverse curve t~ t~e right having a central angle of 27"50'18", a radius of~250.00 and a tangent bearing of THENC~ alon9 said curve 121.47 feet to an iron rod for corner; THENCE S.00"3%'37"W., 115.00 ~ee= to an iron rod for corner, said point being =he beginntn~ of e curve to the left having central angle of 36"24'57'', & radius of 50.00 feet and a tangent bearing of S.17°37'51"E.; THENCE along said curve 31.78 feet to an iron rod for corner; THENCE N.5%"09'40"E., 34.23 fee= to mn iron rod for corner; THENCE 8.00"34'37"W., 120.00 feet =o :he POINT OF B~INNING and containing 29.051 acres (1,26S,475 square feet) of land. j,. .. ~.'. · DOV/DEY, ANDERSON & ASSOCIATES, INC, 16250 D/~LJ./~S PAIRI(WAY SUITE I00 k(214) 951-0594 I)A[.I_/~$ , T£XAS 75248 fll.£ COPY 1. Easement grantcd by Good Financial Corp. (formerly Kenneth M. Good and Associates, Inc.), Trustee, to Coppeil Municipal Utility District No. I for sewer line located on the Proporty, dated Muy 3, 1975, flied July 21, 1975, recorded in Volume 75142, parc 1372, Deed Rccords of Dallas County, Tmms. 2. Easement granted by M. Douglas Adkins, Trustee, to City of Coppell for utility easement Ioc_~_!~ on th~ Propcrty, dated August 15, 1978, filed April 16, 1979, recorded in Volumc 79074, pasc 81, Deed Records of Dally County, Texas. 3. 30 foot easement to TP & L Co. as shown on Boundary Survey, dated December 17, 1987, by Roberts & Dowdey, Civil Engineers. 4. Any portion of the Property lying within thc boundaries of any thorougJzfare, public or privatc, and mutters of public record, city ordinances, rules and regulations of municipalities or governments affecting thc Property. 5. Ali visiblc and apparcnt cascmcnts and all underground casements, thc cxistence of which may arise by unrecorded grant or use. 6. Electric linc cascment granted to Denton County Electric Cooperative, Inc., datcd April 2, 1938, filed October 19, 1953, recorded in Volume 402, pas~ 333, Deed Records, Dallas County, Texas. 7. The Property lies within thc boundaries of thc Coppoll Municipal Utility District No. 1. $. Relocation of County line recorded in Volume 87014, parc 3040, re-filed in Volume 87016, page I l0 and Volume 87031, page 22, Deed Records, Dallas County, Texas. 9. Pipe line and telephone line easement as granted to Lone Star Gas Company, dated June 29, 1915. filed August 16. 1915. recorded in Volume 650. pas¢ 314, Deed Records. Dallas County, Texas; as partially released and defined by instrument dated March I. 1983. filed April 6, 1983, recorded in Volun~ 83069. pago 2479, Deed Records, Dallas County, Texas. EXHIBIT C FILE COPY 1. Tho Property shall bo improved, occupi~ ;md usexl only as a public padc primarily for tho usc by residenC~ of the City of Coppeil. 2. The rcstricticns set forth above (thc "Restrictions") shall affect all of the Property, shall run with thc Property and shall exist and bo binding upon Grantee and all persons claiming under Grantee for a period of fifty (50) years from tim date of filing of this conveyance. The Restrictions ar~ made solely for the benefit of Grantor and are not intendcd to create mutual or reciprocal servitudes upon adjoining land for thc benefit of adjoining landowners. Grantor and Grantee, jointly but not stye. rally, reserve unto themselves thc right, from time to time, without thc joiodcr by any adjoining landowner, to revoke or amend lbo Restrictions by written instrument duly acknowledged and recordod in tbo Deed Records of Dallas, County, Texas. Grantor shall have thc fight to mforce thc Restrictions by any pr _oce_~___.~ng at law or in equity, including, but not limited to, thc right to enjoin any attempted or actual violation of the Restrictions. HAND DELIVERED Mr. Frank Trando Deputy City Manager City of Coppell P.O. Box 478 Coppell, TX 75019 Dear Mr. Trando: Attached is the Special Warranty Deed donating the agreed park land to th'e City of Coppell, pursuant to the Park Land Agreements. Please note the form of Deed is the same as previously used with the City of Coppell for similar charitable contribution purposes. We will submit to you Form 8283 (Non Cash Charitable Contribution) with respect to the Donation, Grant and Conveyance of Land by the undersigned as soon as the appraisals are completed which the City will need to acknowledge to assist in the Donation. Further, please note that the agreement to continue mowing maintenance until October 1, 1994 is included in the Deed. Should you have any questions, please advise. Very truly yours, Glen A. Hinckley, President Univest Properties, Inc. attachment Accepted and Receipt Acknowledged .- ;',' - '. · ~ ' · .. by the CITY OF COPPELL on this 30th day · :' - . of December, 1993. ·