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Lakeside V2-CS 970731GELT, FLEISHMAN & STERLING P.C. ATTORNEYS AND COUNSELORS AT LAW July 31, 1997 1600 BROADWAY SUITE2600 VIA FAX 1-972-304-3570 DENVER, COLORADO 80202-4926 (303) 861-1000 FAX (303) 894-0857 City Engineering Department Attn: Mr. Mike Martin A. CRAIG FLEISHMAN Assistant City Engineer THEODORE Z. GELT JAMES P. GRECo-ORY P.O. Box 78 THOMAS H. MACADAM Coppell, Texas 75019 RONALD A. MILZER MICHAEL J. OGBORN MURRAY OGBORN JANE I. PADDISON STEVEN A. SHAPIRO Re: 950 East Sandy Lake Road, Coppell, Texas (the "Premises") HARRY M. STERLING V. GENE SUMMERLIN admitted only in Nebraska EeaC JON Zees Dear Mr. Martin: admired only in Florida and Washingum D.C. As I mentioned during our telephone conversation, we are representing the prospective Purchaser of the above-referenced property (on which AFFILIATED FIRM is located a Kroger supermarket). Enclosed is a photocopy of a three- GELT. FLEISHMAN. STERLING & page attachment to the contract, which shows the legal description for OGBORN P.C. TIlE APOTHECARY BUILDING the Premises. Included in the closing requirements of the Purchaser's surr~ ~o lender is the following: LINCOLN, NEBRASKA 68508 (4O2) 434-8O4O FAX (402)434-8044 Evidence satisfactory to Lender that storm and sanitary sewer, water, electric, gas, telephone and all other utility lines LOUISIANA OFFICE serving the Premises shall be or have been established and COVINGTON. LOUISIANA located so as to run directly from the Premises to publicly used OF COUNSEL facilities without running over lands or property of others or SAMUEL H. STERLING lands or property of Borrower which are not (or as of the LOUIS E. GELT (1908-1997) Funding Date will not be) encumbered by the Mortgage, or, if they nm over lands or property of others or land or property of Various attorn~a al~o admiueM in c~:.~o~i,, n,~da. ,:,i~s. Borrower which are not (or as of the Funding Date will not be) Louisiana. Maine, Michigan. ~b~.~. ~.,..p~i~. encumbered by the Mortgage, said utility lines shall run only South Dako~, Texas, and w~.~ D.c. under title insured easements or other forms of rights to use lands of other acceptable to Lender. Storm and sanitary sewer, water, electric, gas, telephone and all other utility lines shall also not be located under or through any building, structure or improvement (except paving) unless Lender provides its prior written approval. Evidence satisfactory to Lender that access exists for ingress and egress to and from the Premises to public roads. It is imperative that we receive your assistance in obtaining and providing the lender with the evidence stated in the foregoing closing requirements. Q:\WPDATA'd PG~Vl EDVENE~WATER. LTR Mr. Mike Martin Assistant City Engineer July 31, 1997 Page 2 During our telephone conversation, you mentioned that you should have an "acceptance letter" in your file which would have been prepared when the improvements on this property were completed. We would also appreciate receiving copies of that document(s), as well as information regarding the water line, et cetera. The foregoing "evidence" and copies/information must be forwarded by us to the Purchaser's lender no later than August 7, 1997, and, for t,b. at purpose, we would appreciate it if you would provide us with the evidence, copies and information, in writing and on your letterhead, at least a couple of days prior to August 7, 1997. Your letter should be addressed to James P. Gregory, Esq. and the letter and enclosures should be forwarded to my attention at the address shown on the letterhead hereof. If you need any additional information from me or if you have any questions regarding the information which the lender is requesting, please call me at 1-303-861-1000 upon your receipt of this letter so that we may review and respond to your questions. I look forward to receiving your letter and the information via return fax to 1-303-894-0857 so that we can meet the lender's deadline. We would also appreciate receiving the originals thereof via U.S. Mail within a few days after we receive the faxed copies. Thank you for your courtesy and assistance. Sincerely, GELT, FLEISHMAN & STERLING P.C. ~udi~h A. Engelken Paralegal Enclosures (Legal Description) Q:\WPDATA~I 1~4 EDV ENE~WATER. L'fR I~GAL DF.S~I~ON: R~'NG a :2.717 a~re tract of land out of the B.B.B. & C. ILR. ~J'RVEY, ABSTRACT NO. 199, in the City of Coppe[l, D~,=s County, Texas, same bein~ all of Lots 3A and 3B of Village .according to the map recorded in Volume 950811, Page 608 of the Map Records of Dallas County, Texas, said 2.717 acre tract being more parti_e,,~,,ty des~'bed as follows: BEGI2qlq1~G at a 5/8 inch iron md found for the south~y most southeast comer of said Lot 3B, and being at the intersection of the present north right-of-way line of Sandy I. ake Road, a vaxiable width public right-of-way, and the west right-of-way line of M~-a. rthur Boulevard, a variable width public right-of-way; TIiENCE North 89 degrees 15 minutes 30 seconds West (RECORD BEARING) with present north fight-of-way linc of Sandy Lake Road, and with the south line of said Lot 3B, 181.63 feet to a 5/8 inch iron md found for the southwest comer of said Lot 3B; ~CE departing the present north fight-of-way line of Sandy ~ Road, and with the westerly line of the herein described txm:t the following three (3) courses: 1). North 00 degrees g4 minutes 30 seconds East, at 195.23 feet passing the northwest comer of said Lot 3B, same being the southwest comer of said Lot 3A, and continuing a total distance of 310.63 feex to a 5/8 inch capped iron md found for comer;, 2). South 89 degrees 15 minutes 30 seconds East, a distance of 17.41 fee~ to a 5/8 inch capped iron md found for comet;, 3). North 00 degrees ~ minutes 30 seconds East, a distance of 312.93 feet to a 5/8 inch rapped iron rod found stamped 'IBM' for the northwest comer of said Lot 3A, said point also being in the south line of W~..~ Edge Phase One according to the plat recorded in Volume 92228, Page 3869, THENCE North 87 degrees 23 minutes 02 seconds East with the south line of said Waters-Edge Phase One, and the north line of said Lot 3A, 168.70 feet to an "X" cut found in concrete in'the aforementioned MaeAnhur Boulevard; THENCE with the west fight-of-way line of Mm:Arthur Boulevard, and the east line of the herein de.scribed tract the following five (5) courses: 1}. South 02 clegn~ 39 minutes I7 seconds ~. a distance of 97.62 feet to a 5/8 in~ iron rod found for comer;, 2). South 01 delgees 23 minutes 56 seconds r.,e. a distance of 341.00 feet to a 5/8 inch capped iron tod found at the begitming of a curve to the right, having a central angle of II degrees ~ minutes 14 seconds, a radius of 252.50 feet and a chord bearing and distance of South 04 degrees 18 minutes 41 seconds West, 50.25 feeg 3). Southerly with said curve, an arc distance of 50.33 feet lo a 5/8 inrah capped iron rod found stamped '/BM" at ~ i:egltming of a reverse cra'ye to the left having a central angle of I 1 degrem 25 minutes 14 seconds, a radius of 2Y2.50 feet and a chord bearing and distance of South O~ degrees I8 minutes 41 seconds West, 50.25 feeg 4). Southerly with said curve an arc distance of $0.33 feet to a 518 inch iron rod found; 5). South 01 degrees 23 minu~ 56 seconds ;:~ a distance of 75.00 feet to a 5/8 inch capped iron rod found stumped "/BM'; 6). South ,M degrees 40 minutes 17 seconds Weal a dianance of 27.75 feet to the POINT OF BEGINNING and CONTA/NI~G 2.717 acres ofland. NOTE: The Company is prohibited from insuring the area or quantity of the land described herein. Any statement in the above legal de.ncriprion of the area or quantity of land is not a that such area or quantity b correct, but is made only for informationa~ and/or identification purposes and does not override Item 2 of Schedule B hereof. BEGINNING A TRACT OF LAND SITUATED IN ~ CITY OF COPPELL, DP, T~T AS COUNTY, TEXAS AND BEING OUT OF 'I'fIE B.B.B. AND C.R.IL SURVEY, ASST. NO. 199 AND BEING MORE PARTICULARLY DESCRIBED AS r-.otl-OWS: BEGINNING AT A POINT IN THE NORTH LINE OF SANDY LAKE ROAD (60 FOOT WIDE R.O.W.) SAID POINT $ 89°15'30'' F=. A DISTANCE OF 988.76 FEET FROM THE SOI.FI'I=ffiAST CORNI~ OF A TRACT CO~ BY D~-r~ TO A. R. MCDONA~'-n BY C.W. MCDON~ AND VERA MCDONAI=D A.q RECORDED IN VOLUME 3824, PAGE 292, OF THE DI=m~ RECORDS OF DALLAS COUNTY; THENCE N 0(}'44'30' E. A distance of 73.00 feet to a point for comer;, TItI2NCE N 89'15'30' W. A distance of I 1.00 feet to a point for comer;, THENCE N 00'44'30" F=. A distance of 267.63 feet to a point for comer;, TH:ENCE S 89'15'30" E. A distance of 2.9.63 feet to a point for comet; THENCE N 00'44'30' E. A distance of 128.00 feet to a point for comer;, 'rHIENCE N 89'15'30' W. A distance of 85.00 feet to a point for corner;, THENCE N 16'44'38" W. A distance of 66.32 feet to a point for comer;, THENCE N 01'23'56" W. A distance of 100.00 feet to a point for comer;, THENCE N 8723'02" P=. A distance of 359.28 feet to a point for comer;, TI-IENCE S 00e44'30" W. A distance of 312.23 feet to a point for corner;, TitENCE $ 89'15'30" E. A distance of 2.37 feet to a point for comer;, ~CE S 00'44'30' W. A distance of 267.63 feet to a point for comer;, THENCE S 89'15'30' E. A distance of 27.00 feet to a point for comer;, THENCE S 00'44'30" W. A distance of 73.00 feet to a point for comer;, TI-n:NCE N 89.L5'30" W, A distance of 298.00 feet to the Point of Beginning and Containing 190.475 square feet or 4.3727 act~ of land more or le~s.