Loading...
Magnolia Park-CN 980701STATE OF TEXAS § COUNTY OF DALLAS § DEVELOPMENT AGREEMENT Deed 10/05/ This AGREEMENT is made by and between the City of Coppell Rule City (the "CITY"), and Magnolia Park Company Ltd. and Coppell "OWNERS"): RECITALS WHEREAS the OWNERS desire to construct a planned devel, and SF-12 within the City of Coppell, Texas in Planned Development N~ planned development for SF-7 in Planned Development Number 13, particularly described in the plats and metes and bounds descriptions atta "A" and "B." respectively, hereto and incorporated herein by r{ PLANNED DEVELOPMENT; and WHEREAS the City Council and the Planning and Zoning Cc public hearing, approved the final plat pursuant to the Planned Developm and 134R and in accordance with the final site plan which was appro' Council on December 9. 1997 and September 9. 1997. respectively, hereby enter into this Development Agreement, which calls for the futu park land which is more particularly described in Exhibit "C" attac incorporated herein by reference as PARK LAND PROPERTY. and the PARK [.AND IMPROVEMENTS on said park property in accorc 0732 3::'030§ 12lZ4588 $47.00 71 O:) Texas, a Home }mens, Ltd. (the >ment for SF-9 tuber 133 and a ~R. being more :hed as Exhibits fference as the mlnission, after :nt Number 133 /ed by the City and the parties re dedication hed hereto and construction of ance with this 14412 AGREEMENT- Pagel 98 I 9~ 00398 , ,-, 1415,,t,, 0 ]33 AGREEMENT which is attached hereto and incorporated by reference as Exhibit "D," hereinafter referred to as PARK LAND IMPROVEMENTS; and WHEREAS, the dedication and construction provided herein is in lieu of park land dedication fees as required under CITY Ordinances; NOW THEREFORE, in consideration of ten dollars ($10.(10), the mutual covenants and other valuable consideration, the sufficiency and receipt ot'which is hereby acknowledged, the parties agree as follows: 1. OWNERS agrees, within one (1) year from the date Df execution, to dedicate the PARK LAND PROPERTY for the benefit of the CITY b conveying said property to the CITY in fee simple absolute. 2. OWNERS agrees, within one (1) year from the date ~f execution, to construct the PARK LAND IMPROVEMENTS as provided in Exhi lit "D" on said PARK LAND PROPERTY. Further, the OWNERS agree to proviz prior written notification to the CITY in the event there are changes to the origxrtal plans and/or specifications of the PARK LAND IMPROVEMENTS and said chang{:s are subject to the approval of the CITY: 3. That all costs of the PARK LAND IMPROVEMENTS, attached Exhibit "D" set forth herein, shall be borne by the OWNERS: 4. OWNERS shall apply and obtain all necessary permits PARK LAND IMPROVEMENTS and the City shall waive all connection with said PARK LAND IMPROVEMENTS from and after AGREEMENT: defined by the n the CITY lbr ins ~ection tees in date of this AGREEMENT - Page 2 98191 O0399 14412 5. After all PARK LAND IMPROVEMENTS are complet{ compliance with the final plans and specifications as provided herein, thc or after the date of conveyance, approve and accept the PARK LAND PI: PARK LAND IMPROVEMENTS, which acceptance will not be unreasol 6. If any party hereto fails to abide by the provisions hereun party hereto shall, in addition to any rights or remedies available to such in equity, be entitled to terminate this AGREEMENT or to specific~ provisions hereof by any defaulting party contained herein. 7. This AGREEMENT, along with any attachments and ot documents referred to, contain the entire understanding of the AGRE] between the parties hereto relating to the PARK LAND IMPROVE~ LAND dedication and payment of any improvements thereon and shall and inure to the benefit of such party, the respective successors, heirs representatives if any action is taken, at law or in equity, as brought interpret the provisions of this AGREEMENT. The prevailing parties sh reasonable attorney fees in addition to any other remedy which the party 8. All construction of the improvements will be in accc applicable state and local laws, codes and regulations (or valid waiver th that OWNERS shall have such additional time to complete and maintain ti as may be required in the event of force majeure, if OWNERS are diligenl pursuing completion of the improvements. For this purpose, Ibrce majeur{ contingency or cause beyond reasonable control of the OWNERS, im limitation, acts of God or the public enemy, war or riot. civil commoti AGREEMENT- Page3 ~8 J 9~4 !)0[~00 d in substantial CITY shall, on OPERTY AND ~ably withheld; der or any other party, at law or tlly enforce the aer construction :~MENT by and dENTS, PARK )e binding upon 3signs and legal to enforce and ~11 be entitled to aay be entitled. dance with the ereof); provided e improvements ly and faithfully shall mean any luding, without >n. insurrection. 14412 , . u, 03'/35 adverse weather, government or defacto governmental action, unless ca omissions of the OWNERS, rites, explosions, floods, strikes, slow-, stoppages. 9. This AGREEMENT shall be amended only by mutual a parties, in writing, to be attached to and incorporated in this AGREEMElX 10. All notices required or permitted to be delivered by this shall be deemed received when sent by U.S. Mail, postage prepaid, certi receipt requested, addressed to the following, or other such other party or party designates in writing: If intended for OWNERS, to: Magnolia Park Co., Ltd. Attn: 5225 Village Creek Dr. Suite 400 Plano, Texas 75093 Coppell Greens, Ltd. Attn: 5225 Village Creek Dr. Suite 400 Plano, Texas 75093 parties If intended/~br CITY, to: City of Coppell, Texas City Manager P. O. Box 478 Coppell, Texas 75019 11. This AGREEMENT shall be binding on and inure to th to it and their respective heirs, executors, administrators, legal AGREEMENT - Page 4 9819/ c'0401 used by acts or towns or work greement of the 'T. AGREEMENT led mail, return [ddress as either benefit of the representatives. 14412 ,.-, ! i5 00736 successors, and assigns. This AGREEMENT may be assigned with th CITY which consent shall not be unreasonably withheld, conditioned or del 12. In the event any section, subsection, paragraph, sentence herein shall, for any reason be held invalid, illegal, unenforceable or uncor respect, such invalidity, illegality, unenforceability or unconstitutionality any other provision and the balance of this AGREEMENT shall be enforce enforced as if the parties intended at all times to delete said invalid sec paragraph, sentence, phrase or word as if the portion had never been contair 13. The validity of this AGREEMENT and any of its terms ar well as the rights and duties of the parties, shall be governed by the law Texas; and venue for any action concerning this AGREEMENT shall be Court of Dallas County, Texas. 14. This AGREEMENT embodies the complete agreement of tl superseding all oral or written previous and contempora~.' agreements bet and relating to the matters in this AGREEMENT, and except as otherwise cannot be modified without written agreement of the parties to be attache part of this AGREEMENT. 15. The provisions of this AGREEMENT are hereby dec re,ming with the PROPERTY. shall be reflected in any deeds, plats concerning the "PROPERTY" and/or "PARK LAND PROPERTY. and on all successors, heirs, and assigns of OWNERS who acquire any right, or to the PROPERTY or any part thereof. Any person who acquires al interest in or to the PROPERTY. or any part hereo[ thereby agrees and co AGREEMENT - Page 5 981 94 00402 consent of the ~yed. phrase or word 5titutional in any shall not effect able and shall be tion, subsection, .ed therein. ~d provisions, as of the State of n State District te parties hereto. ~veen the parties provided herein to and made a ~red covenants or other filings tre fully binding tie, or interest in ty right, title, or venants to abide 14412 0737 by and fully perform the provisions of this AGREEMENT with respect to interest in such property. 16. The determinations recited and declared in the pre AGREEMENT are hereby incorporated herein as part of this AGREEMEN 17. All exhibits to this AGREEMENT are incorporated herein all purposes wherever reference is made to the same. EXECUTED in duplicate originals this the t g7t- day of CITY OF COPPELL, TEXAS By: ,/'~, -/ ~'""- ' JIM W/I~, CITY MANAGER / ./ ATTF_~T: KATHLEEN ROACH, CITY SECRETARY APPROVED AS TO FORM: CITY ATTORi~EY (REH/slp 05/29/98) AGREEMENT - Page 6 he right, title or ambles to this by reference for ,3 ~ ,1998. MAGNOLIA PARK~LTD' COPPELL GREENS, L'[ ./ Name: /~, ': ~ ,-.,--~..-. , :'; Title: v'. t" .'~,- &~'~:..,.-_ i 14412 9819 ' 0 03 ~. I~! 00738 STATE OF TEXAS CITY MANAGER'S ACKNOWLEDGMENT COUNTY OF DALLAS This instrument was acknowledged before me on the l~;[ day ( 1998 by Jim Witt, City Manager of the City of Coppell, Texas, a municipa behalf of said corporation. ,f -7. i,/ corporatfon, on Notary Public, State 'Texas 14412 AGREEMENT- 0739 ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF DALLAS § This instrument was acknowledged before me on the ~)C)~"day ot 1998 by ~::~-,~ ~;z'r,.~.x.e, 4)~~ of Company, Ltd., a'T,.a.~.s ~3 ~, on behalf of sai~~. L; ~', e-~L ~ ~.~'~'-~ ' My Commission Expires: Magno ia Notary Public, Stat 14412 AGREEMENT-Pase8 98 I 914, 001405 ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF DALLAS This instrument was acknowledgedt,,b~efo~e me q,n the._~x:X"day of 1998 by V~.Y'~kL%~,,,.,u-x/~ , %~.,,~-.,.t e6.--v,~.~.. ' or~oppe ~ ..& ~ Le~na~/~ behalf of said ~. ~ot~r~ P~blic. State ~ ~y Commiss~o~ ~xpi~es: Ltd' f Texas 14412 AGREEMENT-?age9 98191+ 001+06 ! kS! 007 1 EXHIBIT "A" PLANNED DEVELOPMENT NUMBER 13 3 (P.D.S.F.-9) BOUNDARY DESCRIPTION BEING a tract of land situated in the Clarinda Squires Survey, AbsU City of Coppell, Dallas County, Texas and being in part of a tract of h BancPlus Savings Association by a deed recorded in Volume 2583, Pag Records of Denton County, Texas and being more particularly described as fc COMMENCING at a point of Intersection of the west line of D, variable width right-of-way) with the south line of State Highway No. 121 width right-of-way); Thence SOUTH, 752.10 feet along the said west line to the POINT OF BEGINNING, a 1/2" iron rod set for comer; THENCE SOUTH, 369.90 feet continuing along the said west line c to a 1/2" iron rod set for comer; THENCE WEST 227.98 feet leaving the said west line of Denton Tap rod set for comer; THENCE N. 52039'39" W., 319.69 feet to a 1/2" iron rod set for corn, THENCE N. 46027'45" W., 148.17 feet to a 1/2" iron rod set for com~ THENCE N. 40024'55" W., 146.52 feet to a 1/2" iron rod set for com, THENCE N. 57054'03" W., 259.08 feet to a I/2" iron rod set for corr the beginning of a curve to the left having a central angle of 66°48'41'' a r~ and a chord bearing of S. 88°41 '36"W.; THENCE along said curve 470.86 feet to the end of said crowe, a 1 corner; THENCE S. 55°17'16" W., 84.87 feet to a 1/2" iron rod set for corner THENCE S. 84°49'49'' W., 234.17 feet to a 1/2" iron rod set for corr the beginning of a curve to the right having a central angle of 58031'47" a n and a chord bearing of N. 65°54'18'. W.; THENCE along said curve 506.89 feet to the end of said curve, a corner; THENCE N. 36°38'25'' W., 132.37 feet to a 1/2" iron rod set for corr THENCE N. 00o05'25" E., 1373.00 feet to a 1/2" iron rod set tbr corr on the south line of said State Highway No. 121: THENCE along the said south line of State Highway No. 121 the fol distances, S. 64o55'06" E., 103.83 feet to a 1/2" iron rod set for corner: THENCE S. 56o49, 12" E., 149.79 feet to a 1/2" iron rod set tbr cornm THENCE S.66°22'06'' E., 565.81 feet continuing along the said Highway No. 121 to a 1/2" iron rod set for corner; THENCE S. 23°37'54'' W., 50.00 feet leaving the said south line of 121 to a 1/2" iron rod set for comer; THENCE S. 66022'06" E., 100.00 feet to a 1/2" iron rod set for corno THENCE N. 23037'54" E., 50.00 feet to a 1/2" iron rod set for corn on the south line of State Highway No. 121; 981 OOh07 act No. 1327 in the nd as conveyed to ~ 245 of the Deed llows; mton Tap Road (a a proposed variable f Denton Tap Road- f Denton Tap Road Road to a 1/2" iron ~er, said point being .dius of 403.80 feet /2" iron rod set for er, said point being tdius of 496.20 feet /2" iron rod set for :r; .er, said point being lowing courses and :)uth line of State State Highway No. said point being THENCE toal/2"ironrod THENCE Highw~ No. 121 S. 66o22'06'' E., 47.63 feet along the said south line of St~ set for comer; S. 64°57'59'' E., 282.32 feet continuing along the said to a 1/2" iron rod set for comer; THENCE S. 25°02'01'' W., 27.85 feet leaving the said south line of 121 to a 1/2" iron rod set for comer, said point being the beginning ofa curv{ central angle of 21°49'20'' a radius of 530.00 feet and a chord bearing of S. 1, THENCE along said curve 201.86 feet to the end of said curve, a corner, said point being the beginning of another curve to the left havin 68010'40" a radius of 40.00 feet and a chord bearing of S. 30°52'38" E., THENCE along said curve 47.60 feet to the end of said curve, a comer; THENCE THENCE THENCE S. 64057'59'' E., 932.91 feet to a 1/2" iron rod set for corn SOUTH, 552.00 feet to a 1/2" iron rod set for comer; S. 49° 10'04" E., 80.94 feet to a 1/2" iron rod set for comer THENCE EAST, 198.75 feet to the Point of Beginning and cont~ (2,216,560 square feet) of land. 07t 2 Highway No. 121 south line of State State Highway No. .,to the left having a [°07'22" W.; /2" iron rod set for a central angle of ~2" iron rod set tbr r; lining 50.885 acres EXHIBIT "B" PLANNED DEVELOPMENT NUMBER 134 1~ (P.D.S.F.-7) BOUNDARY DESCRIPTION BEING a tract of land situated in the H. Smith Survey, Abstract No Squires Survey, Abstract No. 1682 and the William T. Hyder Survey, Abst~ City of Coppell, Denton County, Texas and being part of a tract of land as cc Savings Association by deed recorded in Volume 2583, Page 245 of the Dee~ County, Texas and being more particularly described as follows: BEGINNING at 1/2" iron rod found for comer on the west line of I variable width right-of-way), said point being the northeast comer of the sai Association tract and the southeast comer of a tract of land as conveyed to A deed recorded in Volume 2305, Page 131 of the Deed Records of Denton Cot THENCE S. 00° 00'24" W., 1150.96 feet along the said west line a 1/2" iron rod set for comer; THENCE N. 89°59'36" W., 229.41 feet along the said west line of D, 1/2" iron rod set for comer; THENCE S. 06°30'48" W., 42.10 feet to a 1/2" iron rod set for corne~ THENCE S. 24°15'07'' W., 332.95 feet to a 1/2" iron rod set for corm THENCE N. 89048'36" W., 591.35 feet to a 1/2" iron rod set for corn THENCE N. 66°17'50" W., 774.41 feet to a 1/2" iron rod set for corn THENCE N. 62°37'41" W., 197.01 feet to a 1/2" iron rod set for corn THENCE N. 64°55'48'' W., 368.52 feet to a I/2" iron rod set for con on the east line of a tract of land designated as Tract One and Tract Two to J and David K. Cummings, recorded in Volume 85229, Page 3702, Deed Rec( Texas and Volume 1779, Page 653 Deed Records, Denton County, Texas; THENCE N. 00005'25" E., 1081.76 feet along the west line of the sai Association tract and the east line of the said Cummings tract to a fence post THENCE S. 89°58'15" E., 196.24 feet to a 1/2" iron rod found tbrco THENCE S. 01o17'58" W., 144.53 feet to a 3/8" iron rod found for cc THENCE S. 89°58'33.` E, 1985.60 feet to the Point of Beginning an acres (2.853,238 square feet) of land. 9819[ 00[ 09 1576, the Clarinda tct No. 1701 in the nveyed to BancPlus Records of Denton ~enton Tap Road (a' d BancPlus Savings Hie Lee Roberts by tnty, Texas. :)enton Tap Road to mton Tap Road to a er: ter, said point being ames H. Cummings .rds, Dallas County. d BancPlus Savings bund tbr corner: 'ner: rner; containing 65.501 O07L [ EXHIBIT "C" PARK PROPERTY BOUNDARY DESCRIPTION BEING a tract of land situated in the Clarinda Squires Survey, Abst] City of Coppell; Dallas County, Texas and being part of a tract of land as co Savings Association by a deed recorded in Volume 2583, Page 245 of th Denton County, Texas and being more particularly described as follows: COMMENCING at a point of intersection of the west line of D~:nton Tap Road (a variable width right-of-way) with the south line of State Highway No. 121 a proposed variable width right-of-way); Thence SOUTH, 1122.00 feet along the said west line ,f Denton Tap Road to the POINT OF BEGINNING, a 1/2" iron road set for comer; THENCE SOUTH, 126.11 feet continuing along the said west line f Denton Tap Road to a 1/2" iron rod set for corner; THENCE S. 05o43'00" W., 100.50 feet along the said west line of D~:nton Tap Road to a 1/2" iron rod set for comer; THENCE SOUTH, 390.00 feet continuing along the said west line o ? Denton Tap Road to a point for comer, said point being in the centerline of Denton Creek; THENCE leaving the said west line of Denton Tap Road, and along tle said centerline of Denton Creek, the following courses and distances: N. 86°46'35" W., 119.5 feet to a point for corner; 291.60 feet to a point for corner; 193.50 feet to a pmnt for comer; 359.50 feet to a potnt lbr corner; 298.68 feet to a point for comer; 166.34 feet to a point tbr comer; N. 87°11'44" W.. 102.11 feet to a point for corner; S. 58037'59'' W., 35.31 feet to a point for comer; S. 45°50'51' W., 234.76 feet to a point for comer; S. 81°41'17' w., 231.49 feet to a point for corner; N. 83°40'51'' W.. 396.65 feet to a point for corner; N. 63°24'34'' W.. 133.68 feet continuing along the said E.., 685.22 feet leaving the said centerline ol THENCE N. 66o46'27'' W., THENCE N. 55o47'26'' W., THENCE N. 43o03'27'' W., THENCE N. 37o13'26'' W.. THENCE N. 62033' 11" W., THENCE THENCE THENCE THENCE THENCE THENCE Creek to a point for corner; THENCE N. 00005'25" 1/2" iron rod set for corner: THENCE S. 36o38'25'. E., 132.37 feet to a 1/2" iron rod set for corn the beginning of a curve to the left having a central angle of 58°31'47" a re and a chord bearing orS. 65°54'18'' E.; THENCE along said curve 506.89 feet to the end of said curve, a corner; THENCE N. 84049'49'' E., 234.17 feet to a 1/2" iron rod set for com~ 98191 001 10 'act No. 1327 in the nveyed to BancP!us e Deed Records of c, nterline of Denton Denton Creek to a :r, said point being dius of 496.20 feet ~2" iron rod set for -; THENCE N. 55°17'16'' E., 84.87 feet to a 1/2" iron rod set for con the beginning of a curve to the right having a central angle of 66°48'41'' a and a chord bearing of N. 88°41 '36" E.; THENCE along said curve 470.86 feet to the end of said curve, a comer; THENCE S. 57054'03'' E., 259.08 feet to a 1/2" iron rod set for com~ THENCE S. 40024'55'' E., 146.52 feet to a 1/2" iron rod set for corne THENCE S. 46027'45'' E., 148.17 feet to a I/2" iron rod set/'or corne THENCE S. 52039'39'' E., 319.69 feet to a 1/2" iron rod set for come: THENCE EAST, 227.98 feet to the Point of Beginning and cont~ (1,166,996 square feet) of land. t819t OOt l I ter, said point being adius of 403.80 feet /2" iron rod set tbr :; :; :; fining 26.741 acres Ir) 9'1L00 ISIh ! ! LqLO0 191'1 ! ! dvoa aY'i~ ! ! ! · I 8~]LO0 ISIh gJ: ~00 q6186 6qLO0 ,,(I,, ~LISIHX~i ,,/ ! / I O~qLO0 I~ltl /. ! ! Any pn~Mon h~,~n wMeh ,~de~ m ~II. remit describld re-, pr~e((7 beclu,e o! color O~ rl~ unen/or¢eeble nflder f~dtf-I law. STATE OF TEXAS COUNTY OF DALI~ I hereby ced fy th '~ nstrument wis tiled on thl dill lfl(I !lml stnmped h~reofl by mo and wis du y recorded Iff pa~e of Ihe named records o! Dallll County. Texll II Itlmpe(I hereon by me. OCT 5 1998 ~COUNTY CLERK, Dattas County, Texas NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L.L.P. Attorneys & Counselors at Law 1800 Lincoln Plaza, 500 North Akard Dallas, Texas 75201 C At Filed H~NORA[ CLERK oc'/Tyl ~('? O'pd: eeeJ. p' Dp. put', 0752 IG 1 1 1998 for Reeo'rd in: COUNTY, TX J..J:;: TIN' HOT)GFS/f~OLINTY : l~:31am ROBERT L. DILLARD III ROBERT E. HAQER PETER G. ~}MITH DAVID M. BERMAN BRUCE A. STOCKARD NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L.L Attorneys & Counselors at Law 1800 Lincoln Plaza 500 North Akard Dallas, Texas 75201 (214) 965-9900 Fax (214) 965-0010 E-mail N.IDHS ONJDHS.com Mr. Ken Griffin, P.E. City Engineer City of Coppell 255 Parkway Boulevard P. O. Box 478 Coppell, Texas 75019 August14,1998 City of CoppeH and~l~$~. ~t-of-Way Agr, Improvements along Denton Tap Roa d Dear Mr. Griffin: Please find enclosed three copies of the agreement between ~ and the City relative to the above referenced. Please have all three COl: keep one for your files. Return two (2) executed copies to the us and we to Magnolia Park.. If you should need additional information, please feel free to co: you for your attention to this matter. Sincerely, NICHOLS, JACKSON, DI1 By: ~ Robert E. H4~]~ REH/cdb Enclosures JOHN F. RO~HM III ~,80N G. MARSHN..L J. DAVID DOOO III ~ement · , Magnolia Park ies executed and will forward one ~tact me. Thank ,LARD~ 20171 ,