Minyard-CN 881025MEMORANDUM
To: Jim Witt, City Manager
Ken Griffin, Assistant City Manager/City Engineer
Via: Alan Johnson, Finance Director ~
From: Jennifer Armstrong, Assistant Finance Director~
Subject: Minyards Grant of Easements and Escrow Deposit
Attached is a copy of the Minyards Grant of Easements and Escrow
Deposit contract. The agreement will expire on October 1, 1998.
Mario LaForte has contacted me to see if there are any scheduled
projects in which Minyards can use their right to offset any
assessment against the property.
I told him that at this time there was nothing planned, but that I
would write this memo so that the agreement would be brought to
your attention.
Also attached is the calculation of the funds available to Minyards
to use as an offset.
If you have any questions, please contact me.
cc: Mario LaForte, Minyards
SALLINGER, NICHOLS, JACKSON.
KIRK & DILLARD
(Formerly Saner. Jack. Sallinger & Nichols) Jo .... ER¢~ GR,Fr.--
.. kou,s .,c.oLs Attorneys & Counselors at Law o^v,D M. BER.^N
l-^'~R~.CE .~. j^C.SO- 1800 Lincoln Plaza ~o.. ~..o~.~ ,.,
TIM KIRK 500 N. Akard e^M OANDAL EUDA"IC
ROBERT L. OIl. LARD ,11 Dallas, Texas 75201 .. Llcwqs ~.INARD
ROBERT E. HA(,.~ER (214) 954'3333 aO'~ DIGmACOUO
.ETER ~. S~,T. Facsimile (214) 954-3334 ROS£RT ~. D,~L^RO, J"-
September 21, 1988
Mr. Bob Minyard
Coppell, Texas
(Hand Delivered)
Re: City of Coppell Agreement
Dear Mr. Minyard:
Enclosed is a copy of the Agreement containing the changes you approved this
morning. Please note as an additional change the underlined portion in the first
paragraph of the Recitals. There are actually three separate Easements and two Street
Dedications rather than four instruments as indicated in the prior draft.
At your instruction, I am aslo delivering a copy of this agreement to your
attorney, Mr. Russell Akin. If you or Mr. Akin have any questions, please do not
hesitate to contact me.
Very truly yours,
SALLINGER, NICHOLS, JACKSON,
KIRK & DILLARD
By '
LWJ/dkp
Enclosure
cc: Mr. Russell Akin
Hand Delivered
Mr. Allen Ratliff
Hand-Delivered
CONTRACT IN RESPECT OF GRANT OF EASEMENTS AND ESCROW DEPOSIT
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DALLAS §
THIS CONTRACT IN RESPECT OF GRANT OF EASEMENTS AND ESCROW
DEPOSIT (hereinafter referred to as the "Agreement") is entered into as of the (~)~
day of ,~q-~ , 1988, by and among THE CITY OF COPPELL, TEXAS, an
incorporated home rule city situated in Dallas County, Texas (hereinafter referred to
as "Coppell"), MINYARD FOOD STORES, INC., a Texas corporation, and MINYARD
PROPERTIES, INC., a Texas corporation (hereinafter collectively referred to as
"M inyard").
W ITN ESS ETH:
Recitals
WI-IEREAS, Coppell, in cooperation with Minyard, and in compliance with the
laws of the State of Texas, the City Charter of the City of Coppell, Texas, and its
City ordinances, desires to obtain from Minyard the two street right-of-way dedications
and the three drainage easements, attached hereto as Exhibit "1" for the purpose of
constructing a drainage improvement and street improvements across the Minyard property
which is a part of two (2) larger tracts ..~,f ]and owned by b~inyard (hereinafter referred
to as the "Minyard Property"); and
WHEREAS, Minyard has agreed to grant such easements (hereinafter referred to
as the "easements"), and has agreed to contribute to the cost of said drainage improvement
as provided for herein, provided that Coppell constructs said drainage improvement
substantially in accordance with the construction plans referred to in the Ietter attached
hereto as Exhibit "2" and provided Coppe]l complies with the provisions contained in
this Agreement and performs such agreements for the benefit of Minyard, and
WHEREAS. the estimated "total improvement cost" as that term is used herein
shall include the following:
Design Costs $ 51,000.00
Construction Costs 474,000.(10
Administration Costs 20,000.00
Texting Costs 5,000.00
Total $550,000.00
Agreement
NOW, THEREFORE, for and in consideration of the mutual covenants herein
expressed, the parties agree as follows, to wit:
1. Contract and Contribution. Coppell will contract for and cause to be
performed the construction of the drainage improvement referred to in Exhibit "2"
(herein referred to as the "drainage improvement"). Minyard agrees to pay as a
contribution toward the total improvement cost the difference between the total
improvement cost and Coppell's share of the total improvement cost (Coppell share
being $275,000.00. It is agreed that the maximum contribution by Minyard ("Minyard
contribution") shall not be greater than $275,000.00, therefore, the total improvement
cost is expected to be $550,000.00. If the actual cost of the improvement exceeds
$550,000.00 Coppell is willing to increase its contribution. ~'~inyard will place in escrow
with Coppell the sum of $275,000.00 to be used by Coppell to make payments against
the total improvement cost. Coppell will pay its share of each such payment based upon
a ratio of its estimated overall contribution of $275,000.00 to the estimated total
improvement cost of $550,000.00. CoppelI's $275,000.00 contribution divided by the
estimated total improvement cost of $550,000.00 will be the ratio of progress payments
to be made by Coppel], the balance of the ratio to be paid from the escrow fund as
progress payments contributed by Minyard. It is understood and agreed that Coppell
has heretofore paid the sum of $51,045.00 for the design of the drainage
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improvement which makes up a part of the above mentioned total improvment cost. Any
of the escrow deposit, if any, remaining after payment of the total improvement cost
shall be returned to M inyard.
2. Escrow. The escrow deposit containing the Minyard contribution shall be
held by Coppell in an insured interest bearing account. All interest earned on the
Minyard contribution shall be paid to Minyard and shall not be applied toward the cost
of the work. Coppell shall monthly, or any other time at the request of Minyard,
provide Minyard with a report of all disbursements made from said escrow deposit.
Coppell agrees to cause the construction of the drainage improvement to be prosecuted
with reasonable diligence to final completion. If the Prime Contractor should default
under the construction contract, or otherwise abandon or cease the work, Coppell shall
seek~ the appropriate remedies against the performance bond to cause the work to be
completed ~vithout delay. If construction of the drainage improvement is permanently
ceased or abandoned prior to completion, Minyard shall also have the right to cause
the work to be finished in accordance with this agreement, including the right to require
Coppell to contribute "Coppell's share" of the costs as stated above.
3. Coppell agrees that in exchange for said contribution and grant of easement,
M inyard shall have a right of setoff equal to its final monetary total contribution
against any future road improvement assessment imposed against the Minyard property
by CoppeI1, it being contemplated that road improvements will be done for ]~ethel Road,
including that port}on of Bethel Road that runs adjacent to the northern boundary of
Minyard's property. In addition, Minyard shall have such setoff against any future
building or development fees or any other special assessment assessed by Coppell against
the Minyard property until Minyard's contribution is fully paid through setoff. Such
right of setoff shall run with the land, and shah inure to the benefit of any purchaser
or successor of all or a portion of said Minyard property. Provided, however, the above
-3-
language notwithstanding, such right of setoff shall terminate on October 1, 1998, as
to any right of setoff not used before such date.
4. Coppell agrees to indemnify, save and hold Minyard harmless from such
assessments or fees which, though assessed by Coppell, will be considered as prepaid
by Minyard by virtue of Minyard's contribution made in connection with this Agreement.
It is understood and agreed by the parties that such setoff shah be only against
assessments, building, or development fees that Coppell may lawfully waive, and it is
further understood that Coppell may not, and this Agreement does not, contemplate the
waiver of or use of the setoff against any ad valorem property tax assessed against
the :Minyard properties.
5. Coppell agrees to protect Minyard's property from Mechanic's and
Materialmen's liens by requiring the Contractor to provide a payment bond pursuant to
Article 5160, Vernon's Annotated Civil Statutes. Coppell further agrees to require the
Contractor to provide a performance bond pursuant to said statute which will provide
Minyard and Coppell with protection against default or abandonment on the part of the
Contractor.
6. The setoff, as above mentioned, which will inure to the benefit of Minyard
pusuant to this Agreement, shall, for any setoffs occurring after February 1, 1989, be
equal to the dollar amount of the final total Minyard contribution (not including interest
earned thereon), as price level adjusted upward from the date of the payment by Minyard
into escrow of the Minyard contribution until the dates of setoff at the rate of the
higher of (i) five percent (5%) annual simple interest, or (ii) in accordance with the
Consumer Price Index (all urban consumers 1982-1984 equals 100), or such other suitable
cost of funds index as may be agreed upon by the parties at the time of said setoff.
Such right of setoff shall remain in effect until recouped in full as set out herein or
until Octboer 1, 1998. Setoffs which occur prior to February 1, 1989, shall not be
price level adjusted.
-4-
7. Hold Harmless. Any approval or approvals of this contract or the plans
and specifications under the contract shall not be deemed an endorsement or approval
by Minyard as to the adequacy or safety of the work performed thereunder. Coppell
will defend, indemnify, and hold Minyard harmless from any liabilities for property.
damage or personal injury or claims thereof against Minyard arising out of work performed
under the contract.
8. This agreement shall be binding upon, and shall inure to the benefit of
the successors and/or assigns of the parties, including future city governments of the
City of Coppell.
EXECUTED this day of , 1988.
CITY OF COPPELL, TEXAS
By:
Lou Duggan, .Vlayor
MINYARO PROPERTIES, INC.
By:
Bob L. M inyard, Chairman
of the Executive Committee
MINYARD FOOD STORES, INC.
By:
Bob L. M inyard, Chairman
of the Executive Committee
CK8.8-0921
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EXHIBIT 1
WATER LINE EASEMENT DEDICATION
STATE OF TEXAS
COUNTY OF DALLAS KNOW ALL PERSONS BY THESE PRESENTS:
THAT MINYARD FOOD STORES, INC., a Texas corporation
(hereinafter called "Grantor"), for and in consideration of the
sum of Ten Dollars ($10.00) to Grantor in hand paid by the city
of Coppell, a municipal corporation of Dallas County, Texas,
(hereinafter called "Grantee"), and other good and valuable
consideration, ~he leccipt and ~fficiency of w?riuh are her~by-
a~k~uwl=d~a~, has GRANTED, SOLD AND CONVEYED, and by these
presents does GRANT, SELL AND CONVEY unto Grantee a nonexclusive
utility easement for the purpose of locating, constructing,
placing, repairing, maintaining, replacing, relocating or
removing a water line, upon that certain tract of land more
particularly described on Exhibits "A" and "B" attached hereto
and made a part hereof for all purposes (hereinafter sometimes
collectively called the "Easement Strip"). Nothing contained
herein shall grant, or be construed to grant, Grantee the right
to use the Easement Strip for any purpose other than for the
purposes set forth herein.
TO HAVE AND TO HOLD the above described easement, together
with all and singular the rights and appurtenances thereto in
anywise belonging unto Grantee, its successors and assigns
forever; and Grantor does hereby bind Grantor and Grantor's
successors and assigns to WARRANT AND FOREVER DEFEND all singular
the said easement unto the said Grantee, and its successors and
assigns, against every person whomsoever lawfully claiming or to
claim the same or any part thereof, by, through and under
Grantor, but not otherwise.
This easement is granted, and accepted, subject to all
encumbrances, liens, and other matters (i) of record in Dallas
County, Texas, and/or (ii) visible and on the ground or that a
correct survey would reveal, to the full extent same exist and
affect the easement herein granted.
Any consideration initially paid to Grantor by Grantee in
connection with the execution of this agreement is solely for the
grant of the easement herein granted and for damages necessarily
caused to the surface of Grantor's lands within the Easement
Strip in connection with the initial construction of the water
line and does not cover any damages which may accrue to Grantor's
other lands from time to time by reason of the construction,
operation, maintenance, repair, alteration, and or servicing of
the water line or any other damages incurred from time to time,
and Grantee shall pay and agrees to pay Grantor any and all other
such damages promptly as they may accrue.
Upon completion of the construction and installation of the
water line, Grantee shall (i) repair all damage to any
improvements upon the land and restore same to substantially
their prior condition to the full extent reasonable practicable
and (ii) restore and clean up the surface of the land covered by
the Easement Strip and any land adjacent thereto to substantially
its prior condition to the full extent reasonably practicable.
Grantee hereby agrees to indemnify and hold Grantor harmless from
all damages, claims, or causes of action which result from the
use by the Grantee of the easement granted herein.
Should it become necessary at any time subsequent to
completion of the water line for Grantee or its agents to enter
upon the Easement Strip for the purposes of maintaining,
repairing, altering, relocating, and/or removing the water line
as permitted hereunder, Grantee shall, after each entry upon said
land, leave said land at the same level and condition that it was
in prior to such entry to the full extent reasonably practicable;
and in the event that any such entry should cause or produce
damage to any improvements that may be situated on said land, or
cause or produce damages to the surface of the land or any other
lands of Grantor, Grantee shall promptly pay to Grantor any and
all damages that may be caused by reason of any such subsequent
entry.
Grantor expressly reserves unto itself and its successors
and assigns, the right to use and enjoy the land covered by the
Easement Strip for any purposes whatsoever, except insofar as
said use and enjoyment unreasonably interferes with the rights
hereby granted to Grantee.
All persons entering upon the Easement Strip under this
grant shall confine themselves to the operations and purposes
contemplated herein, and no trespassing or other uses shall be
permitted by Grantee, its employees, agents or contractors.
It is understood and agreed that this agreement is an
easement only and in no way grants or conveys any part of the
underlying fee simple estate of any lands owned by Grantor.
This agreement and all of the terms, provisions and
obligations hereof shall be covenants running with the land
affected thereby and shall inure to the benefit of and be binding
upon Grantor and Grantee and their respective successors and
assigns. Grantee's rights hereunder may also be exercised, at
Grantee's option, by Grantee's contractors, agents and employees.
IN WITNESS WHEREOF, this instrument is executed this the
day of , 1988.
MINYARD FOOD STORES, INC.,
a Texas corporation
By:
Its
STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on this
day of , 1988, by ,
of Minyard Food Stores, Inc., a Texas
corporation, on behalf of said corporation.
Notary Public in and for the
State of Texas
My commission expires: Printed name of Notary:
AFTER FILING RETURN TO :
Ginn, Inc.
17103 Preston Road, Suite 100,
L.B. 118
Dallas, Texas 75248
"STATE OF TEXAS
COUNTY OF DALLAS
Being a tract of' land in the S.A. & N.G. Railroad Company Survey,
Abstract No. 1439, City of Coppell, Dallas County, Texas and being part
of a 62.528 acre tract of land conveyed from Minyard Properties, Inc. to
Minyard Food Stores, Inc. by deed dated February 18, 1980, and recorded
in Volume 80037, Page 2327, Deed Records of Dallas County, Texas, and
being more particularly described as follows:
BEGINNING at an iron rod for a corner at the intersection of the South
line of Bethel Road [variable width) and the West line of Freeport
Parkway 170-feet wide), said corner being the Northeast corner of said
62. 528 acre tract;
THENCE, South 0°02'17'' East with the West line of Freeport Parkway
198.0 feet to a stake for a corner;
THENCE, South 89057'43'' West, 12.0 feet' to a stake for a corner;
THENCE, North 0°02'17'' West, parallel with the West line of Freeport
Parkway 197.99 feet to a stake for a corner in the South line of Bethel
Road;
THENCE, North 89054'43'' East, with the South line of Bethel Road 12.0
feet to the POINT OF BEGINNING and containing 2,376.0 square feet of
land.
EXHIBIT "A"
B ETHEL ROAD
(VARIABLE R.O.W.}
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STREET RIGHT-OF-WAY DEDICATION
STATE OF TEXAS
COUNTY OF DALLAS KNOW ALL PERSONS BY THESE PRESENTS:
THAT MINYARD FOOD STORES INC., a Texas corporation
(hereinafter called "Grantor"), for and in consideration of the
sum of Ten Dollars ($10.00) to Grantor in hand paid by the City
of Coppell, a municipal corporation of Dallas County, Texas,
(hereinafter called "Grantee"), and other good and valuable
consideration, the receipt and sufficiency of which are hereby
acknowledged, has GRANTED, SOLD AND CONVEYED, and by these
presents does GRANT, SELL AND CONVEY unto Grantee Street Right~
Of-Way Dedication for the purpose of locating, constructing,
placing, repairing, maintaining, replacing, relocating or
removing a street for public use (hereinafter called "Street"),
upon that certain tract of land more particularly described on
Exhibits "A" and "B" attached hereto and made a part hereof for
all purposes (hereinafter sometimes collectively called the
"Right-Of-Way").
TO HAVE AND TO HOLD the above described Street Right-Of-Way,
together with all and singular the rights and appurtenances
thereto in anywise belonging unto Grantee, its successors and
assigns forever; and Grantor does hereby bind Grantor and
Grantor's successors and assigns to WASARANT AND FOREVER DEFEND
all singular the said easement unto the said Grantee, and its
successors and assigns, against every person whomsoever lawfully
claiming or to claim the same or any part thereof, by, through
and under Grantor, but not otherwise.
This agreement and all of the terms, provisions and
obligations hereof shall be covenants running with the land
affected thereby and shall inure to the benefit of and be binding
upon Grantor and Grantee and their respective successors and
assigns.
IN WITNESS WHEREOF, this instrument is executed this the
day of , 1988.
MINYARD FOOD STORES INC.,
a Texas corporation
By:
Its
STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on this
day of , 1988, by ,
of Minyard Food Stores Inc., a Texas
corporation, on behalf of said corporation.
Notary Public in and for the
State of Texas
My commission expires: Printed name of Notary:
AFTER FILING RETURN TO :
Ginn, Inc.
17103 Preston Road, Suite 100,
L.B. 118
Dallas, Texas 75248
RIGHT-OF-WAY
MINYARD REGIONAL DISTRIBUTION CENTER
Being a tract of land for right-of-way purposes in the S.A. & N.G. Railroad
Company Survey, Abstract No. 1435, City of Coppell, Dallas County, Texas
~nd being part of Bethel Road presently used for roadway purposes and
being part of a 62.528 acre tract of land conveyed to Minyard Regional
Distribution Center by deed-recorded in Volume 80037, Page 2327, Deed
Records of Dallas County, Texas and being more particularly described as
follows:
..
Beginning at a corner on the present center line of' Bethel Road;'. North
00°15'12:' East 44.09 feet from an iron rod at the most westerly northwest
corner of..said 62.528 acre tract being on a non-tangent curve to the left'
having a central angle of 06023'54'', a radius of 1,910.08 feet and a long
chord of south 86049'28'' East 213.18 feet;
THENCE, in a northeasterly direction with said curve and with the present
center line..o.f Bethel Road 213.29 feet to a nail and the point of tangency
of said curve;
THENCE, North 89058'24'' East with the present center line of Bethel Road
185.32 feet to a corner;
THENCE, South 00022'47'' East ~0.97 feet to a corner on the north line of
said 62.528 acre tract;
THENCE, North 89054'43'' East with the north line of said 62.528 acre tract
489.11 feet to a corner;
THENCE, North 00°05'17'' West 40.it6 feet to a corner on the present center
line of Bethel Road;
THENCE, North 89°58'2u,'' East with the present center line of Bethel Road
270.00 feet to a corner;
THENCE, South 00°05'17" East, 40.18 feet to a corner on the north line of
said 62.528 acre tract;
THENCE, North 89°~-4'43'' East with the north line of said 62.528 acre tract
302.40 feet to an iron rod found for corner on the west line of Freeport
Parkway;
THENCE, South 00°02'17'' East 27.00 feet to a corner;
THENCE, with the proposed south line of Bethel Road as follows:
North 57°22'~,2'' West 22.00 feet to a corner;
EXHIBIT "A"
South 89°58'24'' West 1,228.56 feet to a corner and the point of
curvature of a non-tangent curve to the right having a central angle
of 06013'25'', a radius of 1,965.08 feet and a long chord of North
86054'43'' West 213.35 feet;
In a northwesterly direction with said curve 213.45 feet to a
corner on the west line of said 62.528 acre tract;
THENCE, North 00°15'12'' East with said west line 55.31 feet to..
the POINT OF BEGINNING and containing 1.111 acres of land
including 0.37 acres of land in the present roadway. · -
EXHIBIT "A"
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STREET RIGHT-OF-WAY DEDICATION
STATE OF TEXAS
COUNTY OF DALLAS KNOW ALL PERSONS BY THESE PRESENTS:
THAT MINYARD PROPERTIES INC., a Texas corporation
(hereinafter called "Grantor"), for and in consideration of the
sum of Ten Dollars ($10.00) to Grantor in hand paid by the City
of Coppell, a municipal corporation of Dallas County, Texas,
(hereinafter called "Grantee"), and other good and valuable
consideration, the receipt and sufficiency of which are hereby
acknowledged, has GRANTED, SOLD AND CONVEYED, and by these
presents does GRANT, SELL AND CONVEY unto Grantee Street Right-
Of-Way Dedication for the purpose of locating, constructing,
placing, repairing, maintaining, replacing, relocating or
removing a street for public use (hereinafter called "Street"),
upon that certain tract of land more particularly described on
Exhibits "A" and "B" attached hereto and made a part hereof for
all purposes (hereinafter sometimes collectively called the
"Right-Of-Way").
TO HAVE AND TO HOLD the above described Street Right-Of-Way,
together with all and singular the rights and appurtenances
thereto in anywise belonging unto Grantee, its successors and
assigns forever; and Grantor does hereby bind Grantor and
Grantor's successors and assigns to WARRANT AND FOREVER DEFEND
all singular the said easement unto the said Grantee, and its
successors and assigns, against every person whomsoever lawfully
claiming or to claim the same or any part thereof, by, through
and under Grantor, but not otherwise.
This agreement and all of the terms, provisions and
obligations hereof shall be covenants running with the land
affected thereby and shall inure to the benefit of and be binding
upon Grantor and Grantee and their respective successors and
assigns.
IN WITNESS WHEREOF, this instrument is executed this the
day of , 1988.
MINYARD PROPERTIES INC. ,
a Texas corporation
By:
Its
STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on this
day of , 1988, by ,
of Minyard Properties Inc., a Texas
corporation, on behalf of said corporation.
Notary Public in and for the
State of Texas
My commission expires: Printed name of Notary:
AFTER FILING RETURN TO :
Ginn, Inc.
17103 Preston Road, Suite 100,
L.B. 118
Dallas, Texas 75248
RIGHT-OF-WAY ~
MINYARD PROPERTIES, INC.
Being a tract of land for right-of-way purposes in the S.A. & N.G. Railroad
Company Survey, Abstract No. 1435, City of Coppell, Dallas County, Texas
and being part of Bethel Road presently used for roadway purposes and
being part of a 17.471 acre tract of land conveyed to Minyard Properties,
Inc. by deed recorded in Volume 84146, Page 2788, Deed Records of Dallas
County, Texas and being more particularly described as follows: . ·
Beginning at a corner on the present center line ofi'.,BetEe~ Road, North
00°15'12'' East 32.94 feet from the northeast corner 'of said 17.471 acre..
tract; .
THENCE', South 81033'26'' East with the'present center line of Bethel Road
323.90 feet to a nail and the point of curvature of a non-tangent curve to
the left having a central angle of 02°04'06'', a radius of 1,910.08 feet and a
long chord of South 82035'29'' East 68.95 feet;
THENCE, in a southeasterly direction with said curve and with the present
center line of Bethel Road 68.95 feet to a corner;
THENCE, South 00°15'12'' West at 24.38 feet to an iron rod for the north-
east corner of said 17.471 acre tract and continuing a total distance of
55.31 feet to a corner, said corner being on a non-tangent curve to the
right having a central angle of 02014'34'', a radius of 1,965.08 feet and a
long chord of North 82040'43'' west 76.92 feet;
THENCE, in a northeasterly direction with said curve and with the proposed
south line of Bethel Road 76.92 feet to a corner and the point of tangency
of said curve;
THENCE, North 81033'26'' West with the proposed south line of Bethel Road
315.97 feet to a corner on the west line of said 17.471 acre tract;
THENCE, North 00°15'12'' East along said line 55.56 feet to the POINT OF
BEGINNING and containing 0.496 acres of land including 0.250 acres of land
in the present roadway.
EXHIBIT "A"
DRAINAGE EASEMENT DEDICATION
STATE OF TEXAS
COUNTY OF DALLAS kNOW ALL PERSONS BY THESE PRESENTS:
THAT MINYARD PROPERTIES, INC. a Texas corporation
(hereinafter called "Grantor"), for and in consideration of the
sum of Ten Dollars ($10.00) to Grantor in hand paid by the City
of Coppell, a municipal corporation of Dallas County, Texas,
(hereinafter called "Grantee"), and other good and valuable
consideration, tl~a rose'pt ~n~ ~,~fioic,,~ of wl~icl~ ara
~k~owl~dgad, has GRANTED, SOLD AND CONVEYED, and by these
presents does GRANT, SELL ~ND CONVEY unto Grantee a nonexclusive
drainage easement for the purpose of locating, constructing,
placing, repairing, maintaining, replacing, relocating or
removing a storm sewer system (hereinafter called "Sewer"), upon
that certain tract of land more particularly described on
Exhibits "A" and "B" attached hereto and made a part hereof for
all purposes (hereinafter sometimes collectively called the
"Easement Strip"). Nothing contained herein shall grant, or be
construed to grant, Grantee the right to use the Easement Strip
for any purpose other than for the purposes set forth herein.
TO HAVE AND TO HOLD the above described easement, together
with all and singular the rights and appurtenances thereto in
anywise belonging unto Grantee, its successors and assigns
forever; and Grantor does hereby bind Grantor and Grantor's
successors and assigns to WAP~RANT AND FOREVER DEFEND all singular
the said easement unto the said Grantee, and its successors and
assigns, against every person whomsoever lawfully claiming or to
claim the same or any part thereof, by, through and under
Grantor, but not otherwise.
This easement is granted, and accepted, subject to all
encumbrances, liens, and other matters (i) of record in Dallas
County, Texas, and/or (ii) visible and on the ground or that a
correct survey would reveal, to the full extent same exist and
affect the easement herein granted.
Any consideration initially paid to Grantor by Grantee in
connection with the execution of this agreement is solely for the
grant of the easement herein granted and for damages necessarily
caused to the surface of Grantor's lands within the Easement
Strip in connection with the initial construction of the Sewer
and does not cover any damages which may accrue to Grantor's
other lands from time to time by reason of the construction,
operation, maintenance, repair, alteration, and cr servicing of
the Sewer or any other damages incurred from time to time, and
Grantee shall pay and agrees to pay Grantor any and all other
such damages promptly as they may accrue.
Upon completion of the construction and installation of the
Sewer, Grantee shall (i) repair all damage to any improvements
upon the land and restore same to substantially their prior
condition to the full extent reasonable practicable and (ii)
restore and clean up the surface of the land covered by the
Easement Strip and any land adjacent thereto to substantially its
prior condition to the full extent reasonably practicable.
Grantee hereby agrees to indemnify and hold Grantor harmless from
all damages, claims, or causes of action which result from the
use by the Grantee of the easement granted herein.
Should it become necessary at any time subsequent to
completion of the Sewer for Grantee or its agents to enter upon
the Easement Strip for the purposes of maintaining, repairing,
altering, relocating, and/or removing the Sewer as permitted
hereunder, Grantee shall, after each entry upon said land, leave
said land at the same level and condition that it was in prior to
such entry to the full extent reasonably practicable; and in the
event that any such entry should cause or produce damage to any
improvements that may be situated on said land, o~ cause or
produce damages to the surface of the land or any other lands of
Grantor, Grantee shall promptly pay to Grantor any and all
damages that may be caused by reason of any such subsequent
entry.
Grantor expressly reserves unto itself and its successors
and assigns, the right to use and enjoy the land covered by the
Easement Strip for any purposes whatsoever, except insofar as
said use and enjoyment unreasonably interferes with the rights
hereby granted to Grantee.
All persons entering upon the Easement Strip under this
grant shall confine themselves to the operations and purposes
contemplated herein, and no trespassing or other uses shall be
permitted by Grantee, its employees, agents or contractors.
It is understood and agreed that this agreement is an
easement only and in no way grants or conveys any part of the
underlying fee simple estate of any lands owned by Grantor.
This agreement and all of the terms, provisions and
obligations hereof shall be covenants running with the land
affected thereby and shall inure to the benefit of and be binding
upon Grantor and Grantee and their respective successors and
assigns. Grantee's rights hereunder may also be exercised, at
Grantee's option, by Grantee's contractors, agents and employees.
IN WITNESS WHEREOF, this instrument is executed this the
day of , 1988.
MINYARD PROPERTIES, INC.
a Texas corporation
By:
Its
STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on this
day of , 1988, by ,
of Minyard Properties, Inc. a Texas
corporation, on behalf of said corporation.
Notary Public in and for the
State of Texas
My commission expires: Printed name of Notary:
AFTER FILING RETURN TO :
Ginn, Inc.
Su~e 100
17103 Preston Rd., '~
Dallas, TX 75248
DRAINAGE EASEMENT
MINYARD PROPERTIES, INC.
Being a twenty-five foot drainage easement in the S.A. & N.G. Railroad
Company Survey, Abstract No. 1435, City of Coppell, Dallas County, Texas
and being part of a 17.471 acre tract of land conveyed to Minyard
Properties, Inc. by deed and recorded in Volume 84146, Page 2788, Deed
Records of Dallas County, Texas and being more particularly described as
follows~.
Beginning at a corner on the west line of said 17.471 acre tract and the
East line of a 7/4.741 acre tract of land conveyed to United States Postal
Service by deed recorded in Volume 87108, Page 3399, Deed Records of
Dallas County, Texas, said beginning point being South 00°15'12'' West
22.62 feet from an iron rod at the northwest corner of said 17.471 acre
tract and being 55 feet south of the center line of Bethel Road;
THENCE, South 81°33'26" East parallel with the centerline of Bethel Road
315.97 feet to a corner and the point of curvature of a non-tangent curve
to the~left having a central angle of 02014'34'', a radius of 1,965.08 feet
and a long chord of South 82°40'/43'' East 76.92 feet;
THENCE, in a southeasterly direction with said curve and being 55 feet
south of and concentric with the center line of Bethel Road 76.92 feet to
a corner on the East line of said 17.471 acre tract and on the West line
of a 62.528 acre tract of land conveyed to Minyard Regional Distribution
Center by deed recorded in Volume 80037, Page 2327, Deed Records of
Dallas County, Texas, said corner being South 00°15'12'' West 30.96 feet
from the northeast corner of said 17.481 acre tract and being 55 feet
south of the centerline of Bethel Road;
THENCE, South 00°15'12'' West with the east line of said 17'.471 acre
tract and the west line of said 62.528 acre tract 25.13 feet'S6 a co/inet
being 80 feet from the east line of Bethel Road and the point of
curvature of a non-tangent curve to the right having a central angle of
02°19'04''. a radius of 1,990.08 feet and a long chord of north 82°42'58''
west 80.50 feet;
.. THENCE, in a northwesterly direction with said curve and concentric with
the Centerline of B. ethel Road 80.50 feet .to a corner and the point of
tangency.of said cdrve;
.THENCE, North 81033'26'' West 80 feet from and parallel with the center-
line of Bethel Road 282.01 feet to a corner;
THENCE, South 59o25'24" West 35.00 feet to a corner on the west line of
said 17./471 acre tract and the east line of said 74.741 acre tract;
THENCE, North 00°15'12.' East with said line 47.52 feet to the POINT OF
BEGINNING and containing 0.233 acres of land computed.
EXHIBIT "A"
DRAINAGE EASEMENT DEDICATION
STATE OF TEXAS
COUNTY OF DALLAS ~OW ALL PERSONS BY THESE PRESENTS:
THAT MINYARD FOOD STORES, INC. a Texas corporation
(hereinafter called "Grantor"), for and in consideration of the
sum of Ten Dollars ($10.00) to Grantor in hand paid by the City
of Coppell, a municipal corporation of Dallas County, Texas,
(hereinafter called "Grantee"), and other good and valuable _
consideration, ~he ~e~ipt an~ ~ufficicn~y ~£ Which ~i~ l~eram~
ack~wled~=d, has GRANTED, SOLD AND CONVEYED, and by these
presents does GRANT, SELL AND CONVEY unto Grantee a nonexclusive
drainage easement for the purpose of locating, constructing,
placing, repairing, maintaining, replacing, relocating or
removing a storm sewer system (hereinafter called "Sewer"), upon
that certain tract of land more particularly described on
Exhibits "A" and "B" attached hereto and made a part hereof for
all purposes (hereinafter sometimes collectively called the
"Easement Strip"). Nothing contained herein shall grant, or be
construed to grant, Grantee the right to use the Easement Strip
for any purpose other than for the purposes set forth herein.
TO HAVE AND TO HOLD the above described easement, together
with all and singular the rights and appurtenances thereto in
anywise belonging unto Grantee, its successors and assigns
forever; and Grantor does hereby bind Grantor an~ Grantor's
successors and assigns to WARRANT ~D FOREVER DEFEND all singular
the said easement unto the said Grantee, and its successors and
assigns, against every person whomsoever lawfully claiming or to
claim the same or any part thereof, by, through and under
Grantor, but not otherwise.
This easement is granted, and accepted, subject to all
encumbrances, liens, and other matters (i) of record in Dallas
County, Texas, and/or (ii) visible and on the ground or that a
correct survey would reveal, to the full extent same exist and
affect the easement herein granted.
Any consideration initially paid to Grantor by Grantee in
connection with the execution of this agreement is solely fo~' the
grant of the easement herein granted and for damages necessarily
caused to tke surface of Grantor's lands within the Easement
Strip in connection with the initial construction of the Sewer
and does not cover any damages which may accrue to Grantor's
other lands from time to time by reason of the construction,
operation, maintenance, repair, alteration, and or servicing of
the Sewer or any other damages incurred from time to time, and
Grantee shall pay and agrees to pay Grantor any and all other
such damages promptly as they may accrue.
Upon completion of the construction and installation of the
Sewer, Grantee shall (i) repair all damage to any improvements
upon the land and restore same to substantially their prior
condition to the full extent reasonable practicable and (ii)
restore and clean up the surface of the land covered by the
Easement Strip and any land adjacent thereto to substantially its
prior condition to the full extent reasonably practicable.
Grantee hereby agrees to indemnify and hold Grantor harmless from
all damages, claims, or causes of action which result from the
use by the Grantee of the easement granted herein.
Should it become necessary at any time subsequent to
completion of the Sewer for Grantee or its agents to enter upon
the Easement Strip for the purposes of maintaining, repairing,
altering, relocating, and/or removing the Sewer as permitted
hereunder, Grantee shall, after each entry upon said land, leave
said land at the same level and condition that it was in prior to
such entry to the full extent reasonably practicable; and in the
event that any such entry should cause or produce damage to any
improvements that may be situated on said land, or cause or
produce damages to the surface of the land or any other lands of
Grantor, Grantee shall promptly pay to Grantor any and all
damages that may be caused by reason of any such subsequent
entry.
Grantor expressly reserves unto itself and its successors
and assigns, the right to use and enjoy the land covered by the
Easement Strip for any purposes whatsoever, except insofar as
said use and enjoyment unreasonably interferes with the rights
hereby granted to Grantee.
All persons entering upon the Easement Strip under this
grant shall confine themselves to the operations and purposes
contemplated herein, and no trespassing or other uses shall be
per-mitred by Grantee, its employees, agents or contractors.
It is understood and agreed that this agreement is an
easement only and in no way grants or conveys any part of the
underlying fee simple estate of any lands owned by Grantor.
This agreement and all of the terms, provisions and
obligations hereof shall be covenants running with the land
affected thereby and shall inure to the benefit of and be binding
upon Grantor and Grantee and their respective successors and
assigns. Grantee's rights hereunder may also be exercised, at
Grantee's option, by Grantee's contractors, agents and employees.
IN WITNESS WHEREOF, this instrument is executed this the
day of , 1988.
MINYARD FOOD STORES, INC.
a Texas corporation
By:
Its
STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on this
day of , 1988, by ,
of Minyard Food Stores, Inc. a Texas
corporation, on behalf of said corporation.
Notary Public in and for the
State of Texas
My commission expires: Printed name of Notary:
AFTER FILING RETURN TO :
Ginn, Inc.
17103 Preston Rd., Suite 100
Dallas, TX 75248
DRAINAGE EASEMENT
MINYARD REGIONAL DISTRIBUTION CENTER
Being a twenty-five foot drainage easement in the S.A. & N.G. Railroad
Survey, Abstract No. 1435, City of Coppell, Dallas County, Texas and
being part of a 62.528 acre tract of land conveyed to Minyard Regional
Distribution Center by deed and recorded in Volume 80037, Page 2327;
Deed Records of Dallas County, Texas, and being more particulary
described as follows: ''
Beginning at a corner on the west line of Freeport Parkway (70Zfoot
wide) South 00°02'17' East 27.00 feet from the most, easterly northeast
corner of said 62.528 acre tract and being 66.87 feet from the center line
of BetHel Road; .'
THENCE, South 00°02'17'' East with the west line of Freeport Parkway
23.00 feet to a corner;
THENCE, North 68°35'14'' west 27.00 feet to a corner, said corner being
80.00 feet'.from the centerline of Bethel Road;
THENCE, South 89°58'24'' West parallel with the centerline of Bethel Road
1,221.95 feet to a corner and the point of curvature of a non-tangent
curve to the right having a central angle of 06°08'55'', a radius of
1,990.08 and a Ion9 chord of North 86056'58'' west 213.46 feet;
THENCE, in a northwesterly direction with said curve and concentric with
the centerline of Bethel Road 213.57 feet to a corner on the west line of
said 62.528 acre tract and on the east line of a 17.471 acre tract of land
conveyed to Minyard Properties, Inc. by deed and recorded in Volume
84146, Page 2788, Deed Records of Dallas County, Texas;
THENCE, North 00°15'12'' East with the west line of said 62.528 acre
tract and the east line of said 17.471 acre tract 25.13 feet to a i:orner,
said corner being South 00°15'12'' west 11.25 feet from the most westerly
northwest corner of said 62.528 ac;'e tract and being on a non-tangent
curve to the left having a central angle of 06013'25", a radius of 1,965.08
feet and a long chord of South 86~,~4'43'' east 213.35 feet;
THENCE, in a northeasterly direction with said curve and being 55.00 feet
from and concentric with the centerline of Bethel Road 213.45-feet to a
corner and the point of tangency of said curve;
THENCE, North 89058'24'' East parallel with the centerline of Bethel Road
1,228.66 feet to a corner, said corner being 55.00 feet from the centerline
of Bethel Road;
THENCE, South 57022'42'' East 22.00 feet to the POINT OF BEGINNING
and containing 0.839 acres of land computed.
EXHIBIT "A"
EXHIBIT 2
Augusl 1, 1988
Mr. Wayne (;inn ......
(;in,t I,~c.
17103 I'rcston Road, St,ile 100
Dallas, Tcx:ts 75248
Rcf: Bethel Road I)rahmge Imprnvcmcnls - ?ur drawings recclvcd July 14, 1988 (sheet 1 of I - R.O.W. and
E:tscmcnls and sheets 1 - 5, Drainage hnl~rovcmcnls) from Dc Shazo, S[arck & Tang, Inc.
Dear Mr.
After rcvicwing {he above referenced prints and discussing Ihclr content Mdt Mr. Minyard, Mr. Sifford, yourself,
Dale Jackson nnd Sieve Mt~rt~m at thc City of Copl~cll, we notified you IV p]lonc {his morning of our npprm'a} for
fi,ese drawings Io bc sent out for bidding lmr[mscs.
We arc granling apl~roval solely on thc con{chi of ll~c drawings and will rcqulrc a full review
any fudhcr approvld of this prt0cct.
Wc undcrslnnd Ihat Ibc "casement =~grccmcnt" must still bc worked out bo[ween our altorncvs and Ibc city's
altorncy. Also, I}tat an "escrow agreement" must be established to handle t]~c funding. (Further
details on this item will have to be forwarded to Mr. Minyard R~r his review.)
Wc acknowledge thal your target dale for submittal and approval by Coppcll's City Council is
RCSl,Cdfu}ly,
· Mid}¢~c! LaMer v
CM L/th
cc: Bob L. Minyard
MINYARD FOOD STORES, lINC. 777 FREEPORT PARKVVAY P.O. BOX 518 COPPELL, TEXAS 75019
CITY OF COPPE_.L_L_,'.'_M.I_I~¥._A__R_.D_S ....................... . ..........
AGREEM_ENT ...........................................
SECTION 6 (SETOFF)
EXPIRATION OCTOBER 1, 1998
-- ~-~'~--'-I ..................5~SCRIPTION -- AMOUNT ..... ~LANCE
10-26-88~ECK FROM MINYARDS 275,000.00 275,000.00
.OS_-_04-S9._BUILDING__P'ERMIT___ _ _._ _______ _ .. ................................. (55.00) .......... .274,945.00
10-89 PRICE LEVEL INCREASE
CPIU FOR DFW 2.9% :
............... TH~-~:SRE ~ ..................... 13,747.25 .......... 288,692.25
................ i i288,657.25
i 0-25-8'9 i'ELE~:I:~I~:AL PERMI:I-- ................ I ............. (35.00) ........
7-)-_6_:~_~_¥_77~'i ~L~?_~L..!m c R ~_A.~ ~ __~;_ ......... : ............................
CP~U FOR ~FW 4.7o/0
['THEREFORE 50/0 ............. ~ __14,432.86_._- ! 303,.0.90.11
.... ~'5:~q .... I'FAi'F~E LE~;Ei_'~-CREASE ..
............ CPIU FOR DFW 4.6%
THEREFORE 5% 15,154.51 . ,318,244.62
10-92 PRICE LEVEL INCREASE .......................................................................
CPIU FOR DFW 2.4%
......... :~ ~:-I~- ~'-I~(~ ~--~ -~'~ .................. . ! 15,912.23 ' :~334,156.85
"~J~--~8-93, TEI~'~OR~;~'-'f~'~-FL~'I~ PEI~: ....... ---i~ ............. ............. ~-! ........ ~,~)'i~)~i'~--0~C~) ': ............. .............. l/334'1
36.85
~7-03-93 BUILDING PERMIT 326,641.85
. .9_9_:1-572_3_ ,.P _E _R_M__!.T_-___R__E M0..D_ E_ .L___W_ .U SE ....................................... ! !.z._O_O 0~.__0. _0.) .................... _325_.,_.64 J. 85
10-93 i PRICE LEVEL INCREASE ~ . _
~_CPlU FOR DFW 2.8% i
.......... /:[:~I~'REFORE 5-b/;o .................. 1 6,282.09 .341,923.94
-'~--~"~79'3 !'B0iLDING pi:R~-~- ........................ ;-- (190.00).. ......... ~ 34'~733.94
10-94 [PRICE I"~EL INCREASE ~--
CPIU FOR DFW 2.3%
- -.~-I~EREFORE 5% i I 17,086.70 ' 358,820.64