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Parks Coppell ABQ-CN 821230 CONTRACT OF SALE STATE OF TEXAS ) ) COUNTY OF DALLAS ) THiS CONTRACT OF SALE ("Agreement") is made by and between the P~RKS OF COPPELL JOINT %~NTURE II (hereinafter "Owner") and the CiTY OF COPPELL, a municipal corporation and political subdivision of the State cf Texas (hereinafter "City") upon the terms and conditions set forth herein. ARTICLE I DEFINITIONS The following terms shall have the meaning set forth unless the context clearly requires otherwise: "Property" - The approximately 766 acres of land owned by Owner located within the City, as more particularly described in the attached Exhibit "A", which is incorporated herein by reference. "Municipal Center Site" - The approximately ~ acres of land located within the Property, as more particularly described in the attached Exhibit "B", which is incorporated herein by reference. "Park S~te" - The approximately 164.9 acres of land located within the Property, as more particularly described in the attached Exhibit "C", which is incorporated herein by reference. "Zoning Plan" - The zoning for the Property, approved by nhe City Counci{ of the City on June 22, 1982, and evidenced D~. Ordinance No. 204-~-16, dated July 27, 1982, as more particularly set forth in the attached Exhibit "D", which is incorporated herein by reference. "Zoning Ordinance" - Ordinance No. 204, as amended, as adopted by the City of Coppell. "Sub-Division Ordinance" - Ordinance No. 185, as amended, as adopted by the City of Coppell. ARTICLE II PURCHASE AND SALE Owner hereby agrees to convey and City hereby agrees tc purchase the Municipal Center Site and Phase I (hereinafter deslgnated) of the Park Site, together with all and singular the rights and appurtenances pertaining thereto, in accordance with the terms of this Agreement, it being understood that Owner is simulnaneous!y granting to City options to purchase the balance of the Park Site (Phases II and Iii thereof hereinafter designated) under separate option agreements of even date herewith. ARTICLE III PURCHASE PRICE A. Municipal Center Site. The purchase price for the Municipal Center Site shall be Three Hundred Sixty-One Thousand Two Hundred Ninety-Two and No/i00 Dollars ($361,292.00). The number of gross square feet has been determined by survey as provided in Article VI hereinafter. The purchase price for the Municipal Center Site shall be paid by City to Owner on the Closing Date, as hereinafter defined, in cask or by cashier's check payable to the order of Owner. 2. Park Site Phase I. The purchase pric~ for Phase I of the Park Site shall be Two Hundred Thirty-Three Thousand Seven Hundred Fifty and No/100 Dollars ($233,750.00) for the approximately 51.34 acres designated "Phase I" on Exhibit "C". The purchase price for Phase I of the Park Site shall be paid in cash or by cashier's check payable to the order of Owner. ARTICLE iV CONDITIONS PRECEDENT TO OBLIGATIONS FY OWNER The obligation of Owner to consummate this Agreement shall, at the option of Owner, be subject to the following conditions precedent, any or all of which may Be waived in whole or in part by Owner in its sole discretion. It is agreed, however, that City shall perform any particular waived condition following Closing upon Owner's request, any such item being a covenant which shall survive closing. i. The Zoning Plan shall be in full force and effect on the Closing Date. 2. The City Council of the City shall continue to agree that the proper interpretation of the Sub-Division Ordinance with respect to the Property shall allow for the Property to be developed as follows, it being agreed that such interpretation and the resulting application of the Sub-Division Ordinance is the normal and reasonable course in light of all relevant circumstances: (a) No perimeter alleys shall be required between developments in different zonipg classifications; (b) Residential lots may front on Moore, Deforest, Lodge, Heartz, Sandy Lake and Denton Tap Roads and Parkway Boulevard, provided that rear access driveways are provided for such lots; (c) Moore, Deforest, Lodge and Heartz Roads and Parkway Boulevard shall have sixty foot (60') rights-of-way with forty-four foot (44') wide paving, provided that Parkway Boulevard sha_____ll b__e ~ dividend thorouqhfa!e from ~ent~n Ta~ Road to Heartz Road with twD (24') pavin~ .sect.io~s .in seventyrf.our..feet (74') of (d) On Moore, Deforest, Heartz and Lodge Roads and Parkway Boulevard, paving of only twenty-four feet (24') in width shall be required until such time as a final plat is filed of record for the property on the opposite side of such road; -2- (e) Denton Tap and Sandy Lake Roads shall have one hundred twenty foot (120') rights-of-way, provided neither Owner nor its successors or assigns shall be required to construct, grade, pave or provide drainage for, or be specially assessed for the construction, grading, paving or draining, of such roads; (f) Sidewalks shall not De required to be constructed until such time as a building permit is issued for a particular lot or parcel; at such time, the sidewalk may be constructed at the s;reet curb !lne; (g) Funds normally escrowed or used for completion of perimeter streets upon approval of a final plat may be used to build other collector streets in the Property, provided that Owner enters in;o an agreement at the time to replace such funds when a subsequent tract within the Property obtains final plat approval. The deferral of the following perimeter street escrow or construction requirements and the following replacement substltution is acceptable tc the City. Other deferrals and replacements requested by Owner will De reviewed by the City on an individual baals for approval, such approval to not be unreasonably withheld. (i) Deforest Road adjacent to the east side of Tract 17 to be deferred at the p!attin? of the approximate south one-half (1/2) of Tract L7 and to be replaced with the platting of the remainder of Tract 17. Lodge Road adjacemt to the west side of ~act 1! to be deferred at the p.attin§ ef Tract ~ and to be replaced with the platting of Tract 9. (iii) Moore Road adjacent to the west side of Tract 17 - to be deferred at the platting ef Tract 17 and to be replaced with the platting of Tract LO. Deforest Road adjacent to the east side of Tract 15 - to be deferred at the platting cf Tract !~ and to De replaced at the platting cf Tract 4 (except for Parkway Boulevard right-of-way). (v) Deforest Road adjacent to the east side of Tract 14 - to be deferred at the platting of Tract 14 and to be replaced with the platting of Tract 6 (except for Parkway Boulevard right-el-way) . (vi) Owner may substitute other tracts within the Property for any "replacement" tract provided Owner can reasonably demonstrate to the City that the substitute tract has equal or better development potential as the tract for which it is substituted. (h) Enclosed storm sewers shall be provided by Owner in all areas where the quantity of the accumulated storm runoff does not exceed the capacity of a thirty-six inch (36") diameter reinforced concrete pipe on the maximum available slope, as determined by Owner's engineers; where such capacity would be exceeded, open drainage channels may -3- De constructed at Owner's option for the colle~tor, channels in such areas within the Property; (i) Consent to borrow from or fill areas within any designated floodway will not be unreasonably withheld Dy the City: (j) The electrical distribution system shall be permitted to be overhead along Sandy Lake, Denton Tap, Heartz, Moore, Lodge and Deforest Roads and Parkway Boulevard and around the perimeter of each separately numbered zoning tract; within each separately numbered zoning tract, the electrical distribution system shall be underground except as provided above; (k) Filing of a final plat for an area sA.a__ constitute acceptance by the City of the streets for maintenance within such areas, it is agreed, however, that Owner and City shall not cause to be filed any previously approved plat until such streets have been constructed in accordance wit~ the city specifications and accepted ~v the City of Coppell for maintenance as provided in the Subdivision Ordinance. (1) The one-~ime~ Park Fee norma~lv__~ imposed by the City shall apply to the Property, provided, however, an}' Park Fee or similar charge imposed by the City shall not exceed Five Hundred Dollars ($500.00) for any net acre within the Property not conveyed to City pursuant hereto. Proceeds of any such fee shall be used Dy City either make payments on the Note or to develop the Park Site. Any such fee due by Owner with respect tc the first phase of development by Owner within the Proper~y shall be payable at such time as Owner receives final approval of its second plat submitted for an area within the Property; and (m) -Owner shall not be required to build water and sanitary sewer lines with the construction of Parkway Boulevard. Those lines to be located in the Parkway Boulevard right-of-way shall be constructed when and as those tracts adjacent to Parkway Boulevard are developed. 3. The City Council of the City shall have taken appropriate steps, including the adoption of such ordinances, if any should be necessary, in order that: (a) Owner will not be required to participate in any manner in the construction of an extension of Moore Road north of the floodway line. (b) The City will have abandoned Lodge Road along the southern boundary of Tract 9 as shown on the Zoning Plan; (c) The City will have approved a master drainage plan for the Property prepared by Threadgiil-Dowdy & Associates, Inc., which will include the location of any fill or borrow areas needed for restoration of mined areas and the location of any berm that may be proposed to be constructed; (d) The City will have granted its consent to the use of fill or borrow areas located on the Park Site or elsewhere as may be specified by Threadgill-Dowdy & Associates, Inc.; and -4- (e) The City will have agreed %o accept water detention areas as shown on the master drainage plan for maintenance purposes. ARTICLE V ADDITIONAL AGREEMENTS In consideration of the mutual undertakings set out in this Article v, and as additional consideration for the purchase and sale of the Municipal Center Site and said Phase I, and the 9ranting of the options referenced in Article Ii above, Owner and City covenant and agree as ~o~ows, it being understood that such covenants and agreements are normal and reasonable provisions in !igbt of all the circumstances: i. The City shall pay its pro rata share of all utilities, paving, culverts, bridges, drainage, and other actual costs of improvements constructed adjacent te or that benefit the Municipal Center Site or Park Site. Attached as Exhibit "E" is a preliminary estimate by Threadgill-Dowdy & Associates, inc., consulting engineers, of City's pro rata (see items A, C and D thereof} share of Parkway Boulevard adjacent to the Municipal Center Site, it being agreed that actual costs may vary substantially from Exhibit E. City's pro rata share shall be payable within fifteen (15) days after certification from'Owner's engineer that all such improvements or parts thereof have been completed to the standards of the City of Coppel! or construction draws have Deen appropriately certified. Owner agrees that City may construct the north one-half of Parkway Boulevard adjacent to the Park Site subsequent to Owner's construction of the South one-half of Parkway Boulevard, and City agrees to complete construction of the North one-half of Parkway Blvd. no later than three (3) years following closing. All street ri~hts-of-way around the perimeter of such sites shall be located one-half on such sites. The City shall dedicate such rights-of-way on or before the written request of Owner to City. 2. The City will not unreasonably deny permits requested by Owner for the burning of vegetation, brush, and trees cleared from the Property. 3. In areas of the ProperTy zoned Multi-Family 2 in accordance with the Zoning Plan, a courtyard area and swimming pool for the private use of'the occupants of those projects will be provided; 4. A merchants' association with agreement of Owner, shall maintain any landscaping adjacent to the proposed Maid Street Ds shown on the Zoning Plan for a period of ten (i0) years after construction of Main Street commences; provided that such area shall be dedicated to the public, that the City will make water for such maintenance purposes available free of any and all charges, cost or expense, and that the City will be responsible for maintenance after such ten (10) year period; 5. If the City should ever act to dissolve or acquire the assets of the Coppell Municipal Utility District No. 1 ("CMUD"), it will assume and make payment, at maturity, of any outstanding Bond Anticipation Notes issued to Owner by such utility district and honor any -5- agreements between Owner and CMUD by assuming any outstanding obligations or contracts of the ~MUD made with the Owner. 6. The Municipal Center Site and Park Site shall be used by the City in accord with the zoning of such sites under the Zoning Plan and the City shall not change the Zoning Plan with respect to such sites. Ail use and construction on such sites shall be subject to the same restrictive covenants as are placed on parts of the Property zoned Town Center, including the requirement of plan approval by any architectural review board, or any similar board, established for areas within the Property adjacent to the Municipal Center Site. 7. Owner acquired the Property for investment purposes and desires to maintain an investment in real estate following conveyance of the relevant parts of the Property to City. To this end, Owner desires to effect a tax deferred, like-kind exchange pursuant to Section 1031 of the Internal Revenue Code of 1954, as amended, and iD connection therewith, City agrees to cooperate with Owner so long as City shall not become subject to monetary obligations or monetary liabilities greater than those contained in this Contract, and Owner does hereby indemnify and hold City harmless from and against any and all liability arising under, resulting from or in connection with the exchange contemplated by Owner. Without limiting Owner's general rights as herein stated, Owner shall have certain specific rights to effect an exchange transaction under this Contract. At any time before the Closing Date, Owner shall have the right to elect to make this an exchange transaction rather than a sale transaction by giving City written notice to that effect. If Owner elects to make this an exchange transaction, City shall make a good faith ef%~rt to purchase, on terms and conditions reasonably determined by Owner, one or more parcels of real property to be designated by Seller (the "Exchange Property"). Any contract City may enter into for the Exchange Property shall be freely assignable to Owner, without consent, by City and shall provide that City has no liability thereunder except for any earnest money which may be required to be deposited thereunder. In the event the seller of the Exchange Property alleges any default thereunder, 'City will have the right to assign, and Owner will assume and release City from any obligations and liabilities arising under the contract for the Exchange Property, in which event an amount equal to the amount of any earnest money deposited by City for the purchase of the Exchange Property shall be immediately paid by Owner to City. The total cost (including prorations and normal closing costs) to City of acquiring and holding the Exchange Property shall not exceed the applicable purchase prices as set forth herein. On the Closing Date, City shall transfer the Exchange Property to Owner by Special Warranty Deed in exchange for. those portions of the Property to be conveyed pursuant hereto and shall remit any portion of such purchase prices which was not expended in acquiring or holding the Exchange Property. In the event that the Exchange Property has not been located on the Closing Date, Owner may elect to convey the appropriate portions of the Property to City pursuant to a deferred "Starker" exchange. In such event, Owner, on the Closing -6- Date, shall convey or cause such portions of the Proper~y to be conveyed to City, and ali or part of the aforesaid purchase prices, at Owner's option, shall be applied in connection with such deferred exchange to acquire the Exchange Property on such basis as Owner may direct. 8. City acknowledges that the Park Site and Municipal Center Site are being acquired in an undeveloped status and are within the 10O year Flood Plain as established by the Federal Emergency Management Agency and/or the U.S. Corp of Engineers and are subject to inundation of water 'from time to time. City agrees to use all excavation material from the Park Site (except marketable gravel deposits) first for filling areas of the Park Site and Municipal Center Site as designated by Owner from time to time. Owner shall have the right to select in its sole discretion the method of future flood control to be utilized on %he Property (whether by fill, levee system, or a combination thereof or any other feasible methed) and City agrees that its flood control method employed for the Park Site and Municipal Center Site shall be consistent with the method used for the Property as determined by Owner. 9. Owner agrees to construct ParKway Boulevard from Denton Tap Road to Heartz Road, and to commence such construction within one (!) year of Closing. 10. City agrees to build, at its cost, a sixteen inch (16") water line along the east side of Denton Tap Road from Sandy Lake Road to Parkway Boulevard to provide water service to the Park Site and Municipal Center Site, and City agrees to complete construction of such water llne prior to Owner's completion of utilities to be constructed in Parkway Boulevard as required by paragraph 9 immediately above. A preliminary estimate of the cost of such water line is set ~--th in item B of Exhibit E attached hereto. ARTICLE VI SURVEYS The Owner has delivered to City, at its cost, perimeter surveys of the Municipal Center Site and Phases !, ii and IIi of the Park Site. Such surveys, which are acceptable to City, state the gross number of square feet in the Municipal Center Site and the gross number of acres in each of Phase I, II and III of the Park Site, including certain areas to be dedicated by the City as rights-of-way pursuant to Article V above. If the closing of the purchase of such sites fails to occur for any reason, the City shall promptly reimburse Owner for the cost of such surveys. ARTICLE Vii MODIFICATION OF LIENS The obligation of Owner to consummate this Agreement is expressly subject to Owner obtaining modifications of the release provisions contained in the Deeds of Trust affecting the Municipal Center Site and Park Site satisfactory to it in order that it can convey such sites in accordance with this Agreement. Owner shall use all reasonable effort to obtain such modifications. -7- ARTICLE VIII TITLE POLICY Within fifteen (15) days after Ci~5' executes and delivers this Agreement, Owner, at Owner's sole cost and expense, shall cause to be delivered to City an Owner's Title Policy Commitment (hereinafter the "Commitment") issued by Chicago Title Insurance Company, 2001 Bryan Tower, Dallas, Texas (hereinafter the "Title Company") and accompanied by certified copies of all recorded documents relating to restrictions, easements and other matters affecting the Munic~Da1 Center Site and Phase i of the Park Site. City shall give Owner written notice on or before the expiration of Two (2) days after it receives the Commitment and said copies of documents, if any encumbrances listed in the Commitment are not satisfactory to City. In the event City gives notice that any encumbrances are not satisfactory, Owner may undertake to eliminate or modify all such unacceptable matters to the reasonable satisfaction of City. In the event Owner is unable or unwilling to do so within one (1) day after receipt of such written notice, City may, at its option, terminate this Agreement, in which event neither party hereto shall have any further obligation or liability hereunder, if such notice is not given by City to Owner, the encumbrances shall be deemed to be acceptable and any objection thereto shall be deemed to be waived for all purposes. Notwithstanding anything herein to the contrary, existing deed of trust liens and u~ll_~ easements shall not be the subject of objection by City. ARTICLE iX C~O_~NG The closing shall be held at the office of the Title Companym-t 10:00 A.M. on December 31, 1982, unless held upon. an earlier date agreed upon by City and Owner (the "Closing Date"). On the Closing Date, Owner shall: ~. Deliver to City duly executed and acknowledged ~ Special Warranty Deeds in forms attached hereto as Exkibits ~ , Pa~k and ~ for the Municipal Center Site and Phase - of the Site, each conveying good and mar~etab!e title in fee simple, free and clear of amy and all liens, encumbrances, conditions, easements, assessments, and restrictions, except those approved by City; 2. Cause to be issued to City an Owner's Title Policy in the amount of the total purchase price insuring such title; and 3. Deliver to City possession of the Municipal Center Site and Phase i of the Park Site. On the Closing Date, City shall pay in cash the purchase price to Owner as set forth in Article III hereof. General real estate taxes for the then current year relating to the Municipal Center Site and Phase I of the Park Site shall be prorated as of the Closing Date and shall De adjusted in cash on the Closing Date. If the Closing Date shall occur before the tax rate is fixed for the then current year, the apportionment of taxes shall be upon the basis of the tax rate for the then preceding year applied to the latest -8- assessed valuation. If the Title Company has not made a final determination of the ad valorem taxes due, then Owner shall remain obligated to pay the correct and final taxes following closing. O~her costs of closing and consummating the sale and purchase shall be borne and paid as follows: (a) Owner's Title Policy shall be obtained and paid by Owner; (b) Escrow fee, if any, shall be paid by City; (c) Filing Fees shall be paid by City; and (d) Owner and City shall each pay their own attorneys' fees. ARTICLE X CONTINUING AGREEMENT The agreements and covenants set forth in this AGreement are prospective in nature and shall not be merged into the closing of the conveyances contemplated, but shall survive such closing. The City acknowledges that the Owner intends to retain and develop for purposes of leasing to tenants and for investment the balance of the Property not to be conveyed to City pursuant hereto or the aforementioned option agreements and that consequently the Owner would not have a~reed to sell the Municipal Center Site and Phase ! of the Park Site but for the agreements contained in this Agreement, including without limitation, the provisions of Articles IV and V and tkis Article X. Therefore, City hereby agrees that it will not, without the written consent of Owner or the owner of the part of the Property that would be affected, through the adoption of new or amended ordinances or any other method, deny or alter Owner's right, and the right of subsequent owners of any part of the Property, to develop the Property in accordance with the Zoning Plan, the continuing ±nterpretation of the Sub-Division Ordinance, and the ~.agreements contained in Articles IV and V hereof, and to enforce any other agreements made by the City, for a twenty (20) year period commencing on the date of execution of this ~--A~ee~.ent by Owner. Should the City do so, or directly or indirectly act or fail to act in a'manner which would impair the position or rights of Owner contemplated by this Article X, Owner shall have the right to repurchase Phase I of the Park Site for an amount equal to the purchase price paid by City to Owner, which right shall be set forth in the Special Warranty Deed to be delivered by Owner pursuant to Article IX hereinabove and in a short form recordable memorandum of this Contract of Sale to be executed and delivered at Closing in form satisfactory to Owner. ARTICLE XI BREACH BY O%~NER If Owner fails fully and timely to perform any of its obligations hereunder or fails to consummate the sale of the Municipal Center Site and Phase I of the Park Site for any reason, except City's default hereunder, or City or Owner's termination of this Agreement pursuant to the terms hereof, City's sole remedy is to enforce specific performance of this Agreement. -9- ARTICLE XIi BREACH BY CITY If City shall fail to consummate the purchase of the Municipal Center Site and Phase I of the Park Site, the conditions to City's obligation have been satisfied and City being in default and Owner not in default hereunder, Owner as its sole remedy may enforce specific performance of the City's obligations hereunder, except that Owner shall not have a right to enforce specific performance to require the City to purchase all or any part of the Municipal Center Site or Phase I of the Park Site. ARTICLE XIII MISCELLANEOUS Parties Bound This Agreement shall be binding upon and shall inure to the benefi~ of the parties hereto and their respective heirs, executors, administrators, successors and assigns, including all owners of any part of the Property. Prior AGreements Superseded This Agreement and the aforementioned option agreements of even date herewith, constitute the sole and only agreements of the parties hereto and supersede all prior understandings and written or oral agreements between the parties respecting the within subject matter. Time of the Essence Time is of the essence of this Agreement. EXECUTED AND DELIVERED "CITY": cit om °' , 1982 oF / ) ~C~ty Adminis or . EXECUTED AND DELIVERED "OWNE~": ~ /Z/BO , 1982 PARKS OF COPPELL JOINT By Owner on VENTURE I I lq~,n~ ~.ng Yen~urer -lO- EXHIBIT A tING 766.1&2 acres of land in three parcels situated in the S. M. Hlatt Survey, Abstract :~ber 638, Dallas County, Texas, the B.B.~. A C.R.R. Co. Survey, Abstract Number 200, ~llas County, Texas, the Wm. A. Trimble Survey, Abstract Nunber !268, Dallas County, Texas, ~stract Number 1268, Denton County, Texas, the heirs of Gilbert C. ~oolsey Survey, Abstract ~mber I042, Dallas County, Texas, :he Alfred Logsdon Survey, Abstract Number 783, Dallas ~unty, Texas, the Sibered Henderson Survey, Abstract ~umber 629, Dallas County, Texas, the ~arimda Squires Survey, Abstract Number 1327, Dallas County, Texas, the S.A. & M.G.R.R. ~rv~, Abstract Number 1430, Dallas County, Texas, and the George ~. Jack Survey, Abstract ~mbe~ 694, Dallas County, Texas; and being more particularly described as follows: .~RCEL 1 EING 161.338 acres o~ land situated in the said George ~. Jack Survey, the said .G.LR. Survey, and the said Clarinda Squires Survey and being a portion of that certain tact of land as described in deed from Good Financial Corp. to M. Doug!as Adkins, Trustee, s recorded in Volume 76188, Page 23~5, Deed Records, Dallas County, Texas and being escrtbed as follows: O.~D~E~CING at the centerline intersection of Denton Tap Road, %Sth Sandy l~ke Road; ~ENCE N. 03 degrees 18 minutes 58 seconds ~est, ~'lth the Centerline of Denton Tap Road 32.30 feet; 'HENCE N 01 degree O0 minutes ~8 seconds ~est, w/th said centerline, 1355.27 feet; "AENUE S 88 degrees 59 ~/nutes 02 seconds ~est, 50.00 feet to tbs point of beginning, :aid point lying on t~e ~est right-of-way line of said Denton Tap Road, and being the ~ost ~ortheast corner of a tract of land as described by deed to Clifton g. McGraw, in ~6944, Page /?D3, Deed Records, Dallas County, Texas; .TLENrv S 89 degrees 09 minutes 37 seconds ~est, ~th the North line of said .McGraw tract, :27.10 feet; /KENCE S O0 degrees 50 minutes 23 seconds East, ~lth the ~es: Iine of_said HcGrav tract, ~05.71 feet; i'HENCE S 89 degrees 09 =dnutes 37 seconds ~est, ~rith the North line of a tract of land ~s described %y ~eed--to Billy.R..Rous:on, in Volume 72156, Page 2335, Deed Recor&s, Dallas County, Texas, 1~6.29 feet; TH.~NCE S O0 degrees 50 minutes 23 seconds East, ~r/th the ~est line of said Houston Tract, 105.D0 feet; T%IENCE S 89 degrees 09 minutes 37 seconds ~est, with :he North line Df-a 2&~O-foot-wide str~ of land as described in ¥olume 7D064, Page'l&15, Deed Records, Dallas-County, Texas, 621.00 feet& TH~ N 01 .degree-14 minutes 33 seconds ~est, with the East.line of_ts.tract of land-~ descr/bed by deed to Delman Theatre Corporation, in Volume 70064, Pase'1415, Deed Records, Dallas County, Texas, 1276.gl feet; TI~ S 89 ~egrees 17 minutes 07 seconds ~est, ~r~th a fence line, 291,20 feet; z~TrENCE N 87 degrees 35 minutes 08 ~econds ~est, with said fence line, 1100.40 feet; THENCE N 87 degrees 04 minutes 59 seconds ~est, with said fence line, 244.90 feet to a fence cormer in the most ~esterly line of said S.A. & M.G.R.R~ Survey; THENCE N 01 degree 37 minutes 53 seconds West, ~r/th a fence line 2520.00 feet to a point the centerline of 11enton Creek; THERCE ~r~th the meanders of the said centerllne of Denton Creek, the follow'inS eoursest S 67 degrees 02 m~Lmutes 03 seconds East, 47.30 feet; $ 81 degrees 23 ~nutes 23 secon&! ~a~t, 55.70 feet; S 57 degrees 31 m~nutes 53 secon~ East, B9.60 feet; $ 35 de~reea 41 minutes 23 seconds East, 101.30 feet; S 72 degrees 26 ~ .s 23 seconds East, 160.?0 feet; S 82 degrees 26 n~nutes 23 seconds East, 69.70 feet; S 65 degrees 4! n~tnutes 23 seconds East 262.00 feet; S 89 degrees 39 n~nutes 23 seconds East 222.00 feet; S 83 degree~ 21 minutes 23 seconds East, 211.75 feet; ,~ ~ oegrees 42 minutes 37 seconds East, 102.50 feet; N 74 degrees 39 ~.~nutes 37 seconds Fast, 91.00 feet; E ~3 degrees 00 ~nutes 37 seconds ~st, ~96.7~ feet; N 60 degrees 2B ~nutes 37 seconds ~st, ~0.00 feet; S 77 degrees O1 ~nutes 23 seconds ~st, 136.00 feet; S 50 degrees 0~ ~nutes 23 seconds ~s~, ~70.00 feet; S 3~ degrees Il ~nutes 23 seconds ~st, 550.00 feet; S 57 degrees ~ ~nutes 23 seconds ~st, 272.00 feet; S 71 degrees ~1 ~nutes 23 seconds ~st, 3~0.00 feet; ~ 88 degrees 18 ~nutes 37 seconds ~st. 50.83 feet to n potnt on t~e sa~d ~est of ray l~ne of Denton ~ap Road; ~C~ ~th the sa~d Uest r~ght-of-vay ~ne, the foX,orang f~ve courses:. S O0 degrees 53 ~n~tes 5g seconds ~st, 3~82 feet to the beginning of a cu~e to t~e right ~th a radius of 5669.70 feet and a centra~ angle of 02 degrees 53 ~nutes O0 seconds; T~CE Southerly ~th sa~d cu~e, 285.32 feet to the end of sa~d cu~e; ~CE S O0 degrees 37 ~nutes 36 seconds ~est, 161.90 feet; -. T~NCE S 06 degrees ~9 ~nutes 20 seconds ~est, 32~.88 feet; .- ~EN~ S 0l degree 00 ~nutes 5~ seconds ~st, 1~67.36 feet to the point of ~eg~nn~ and containing a gross area o~ 7,027.887 square feet or 16~.338 a~res of land. ~E~NG 593.839 acres o~ land s~tuated ~n ~he sa~d S.A.'~ R.G.R.R. Su~ey, t~e sa~d Squ~zes Su~ey, the sa~d he,rs of G~ert C. Uoo~sey Su~ey, the sa~d S~ered Henderson Su~ey, the sa~d A~fred ~gsdon Su~ey, ~h~ s~d ~. A. Tr~b~e Su~ey, t~e sa~d g.~.~. C.R.R. Co. Su~ey, and the sa~d S.H. H~att Su~ey, and ~e~ng a po~t~ o~-that certain tract of land as descri~ed ~n sa~d deed fro~ Good Financ~a~ Co~., to E. Douglas Adk~ns~ T~ustee, tn ~olune 76~88, Page 2355, Deed Re~ords, Da~as ~unty, T~a~ and be~ng -- described as C~NCZNG at the sa~d center,the ~tersection of Dent'on Tap Road and Sandy~ke ~ N 03 degrees X8 ~nutes 58 seconds Vest, v~th the centerl~ne of sa~d Denton Road, 78.X0 feet; ~CE N 86 degrees ~ ~nutes 02 seconds ~st, 50.00 feet to the point of ~g~nn~ng, sa~c point 2y~n~ ~ the ~st rXght-of~ay ~ne of sa~d ~nton ~ap ~CE ~th the ~d ~t ~ght~f~ay ~ne of Denton ~ap ~ad, the fo~a~ ~ne course: ~ 03 degrees X8 minutes 58 seconds Vest, ~39.20 feet to the beg~nn~ of a cu~e to the r~ght v~th a radius of 5679.70 feet and a centra~ angle o~ 02-degrees ~8 ~nutes - O0 seconds; ~CE Northerly, ~th ~id cu~e ~o the r~ght, 227.96 feet to the end of sa~d cu~e; ~NCE ~'01 degree O0 mi =s 58 seconds ~est, 1983.30 feet to t' ,egtnn~nE of a cu.--ye to he right ~r~th a radius o! 5679.70 feet and & central angle of 0~ degrees 02 ~!nutes )0 seconds; · 'Iq£NCE Northerly, w~th sa~d curve to the r~ght, 300.68 feet to the end of said cut-ye; .~IENCE N 02 degrees 01 ~nu~e 02 seconds ~st, 2~8.~0 feet; ~CE N 07 degrees ~3 ~nutes ~0 seconds ~st, 100.50 feet; 7HEN~ N 02 degrees O1 ~inute 02 seconds ~s~, 5~1.90 feet to the beginning of a cu~e :he left ~h a radius of 5789.70 fee~ and a central angle of 02 degrees 53 ~nu~es O0 ~ENCE Northerly, ~h sa~d cu~e to the ~ef~, 291.36"feet to the end of said cu~e; .~CE N O0 de~rees 5~ ~nutes 58 seconds Uest, 3~2.88 feet ~o ~ point ~n ~he cen~erl~ne of )eaton Creek; ~NCE ~h ~he ~anders of the sa~d centerl~ne of Denton Creek, ~he following courses: N 79 degrees 07 ~nutes 25 seconds ~st, 1~7.77 feet; N ~8 degrees 3~ ~nutes 25 seconds ~s~, 17~.6~ fee~; N ~8 degrees 07 minutes 25 seconds ~st, 160.00 fee~; S 61 degrees 52 m~nutes 35 seconds ~s~. 185.00 fee~; S 85 de~rees 52 m~nutes 35 seconds East, 600.00 fee~; N 88 degrees 07 ~nu~es 25 seconds ~st, 360.00 fee~; N 77 de~rees 07 minutes 25 seconds ~st, 300.00 feet; N 27 degrees 07 minutes 25 seconds ~s~, 380.00 feet; N 72 degrees 07 ~nutes 25 ~econds ~s~, ~80.00 fee~; S 55 degrees 52 ~nutes 35 seconds ~st, 171.70 fee~; TH~ S O0_de~ees 52 ~nutes 35 ~econds ~st, 71.61 feet to a point on the South of sa~d Denton Creek; ~CE ~h the ~anders of-sa~d Sou~h bank of Denton Creek, ~he follow,nE-courses: N 85 degrees ~1 ~nutes 39~econds ~s~ 326.7~ fee~; -' N 7~ degrees E~ ~nu~es ~9 seconds ~s~, ~75.00 feet; N 60 deer,s 13 ~nutes ~ secon~ ~s~, 255.30 feet; _. '- N 67 degrees 26 m~nutes l~ seconds ~s~, 185.00_feet; S 88 degrees 37 m~nu~es ~ seconds ~st, 75.90 fee~; S 8~ degrees ~9 ~nutes 11 seconds ~s~, ~95.25 fee~; S 89 degrees ~5 ~nutes ~1 seconds ~st, 112.55 feet; N 70 degrees 25 ~nu~es ~ seconds ~s~, 75.~5 fee~ N ~6 degrees ~7 ~autes ~9 seconds ~s~, ~76.70 feet; N 65 de~rees ~ ~nutes ~9 seconds ~st, ~2.20 feet; N ~3 de,ecs ~3 ~autes 29 secoa~ ~st, ~5.30 feet;. N 23 degrees 37~uZ~ 2~ seco~s ~st, 1~0.~O feet~ N ~1 de~rees ~ ~nutes O1 second ~es~, 89.90 feet; N 20 degrees 21 ~nutes 39 seconds ~st, 153.00 feet; S 69 desrees ~8 ~nutes 2X'second~ ~st, ~82.00 feet; N 87 degrees Ol ~tnu._ 39 seconds ~ast, 131.00 feet; N 73 degrees O1 minute 39 seconds East, 101.O0 feet; N 63 degrees ~6 minutes 39 seconds East, 200.00 feet; N &O degrees 21 ~tnutes 39 seconds East, 78.00 feet; N 20 degrees 36 minutes 39 seconds East, 82.00 feet; ~ 06 degrees $1 ~Lnutes 39 seconds ~st, 12a.00 feet; K 06 degrees 31 ~nutes 39 seconds ~st, 181.00 feet; N 30 degrees 36 minutes 39 seconds ~st, 342.00 feet; N 32 degrees 31 ~nutes 3g seconds ~st, 281.00 feet; ~ 28 degrees O1 ~nute 3g seconds ~st, 150.00 feet; ~ 37 degrees 51 ~nutes 39 seconds ~st, 165.00 feet; N 7~ degrees 06 minutes 39 seconds ~st, 61.00 ~eet; ~ENCE ~ 26 degrees 35 ~nutes 39 seconds ~ast, leaving sa~d South bank o~ Denton Creek, 160.00 feet; ~ENCE S 63 degrees 2~ ~nutes 21 seconds ~st, 200.00 ~eet; T~C~ S 26 degrees 35 ~nutes 39 seconds ~est. 175.00 ~eet to a point on the said South bank of Denton Creek; ' ' ~CE ~:h the ~andets ol the said South bank of Denton Creek the ~ollo~lng courses: S 60 degrees 33 ~nutes 21 seconds ~st, lag.00 feet; S 61 degrees 58 ~nutes 21 seconds ~st, 100.00~eet; ............. - S 68 de,tees ~8 ~nutes 21 seconds ~st, 150.00 feet; S 75 degrees ~S minutes 21 seconds~'~t~;2~l'.O0 ~eet; -----' .:: ...... :-?_ .' -- N 71 degrees 21 ~nutes 39 seconds ~st, 280.00 feet; N 86 ~egrees O1 ~nute 39 seconds ~st, 85.00 feet to a point on the gest line Creek ~end Estates, an addition to the Clt7 o~ Coppell, Te~s, as filed In .~binet B, Page 52, Deed Records, ~nton County, Te~a; ~N~ SOl desree 02 minutes ~8 seconds ~st, ~th said ~est line of Creek ~nd Estates, 900.15 feet to a point being the Northeast co,er of a-tract.of.land ~or a lift station as recorded in Volume 775, Page 93, ~ed Records, Dallas CountT, Te~s; ~ENCE S 88 degrees 57 minutes 02 seconds gest, leaving said ~est line and along the ~orth line of said lift station tract, 100.00 feet to its ~ortbvest corner; THENCE S O1 degree 02 ~inutes 58 seconds ~st, along a ~est line of said lift station tract. 100.O0 feet; T~NCE N 88 degrees 57 ~nutes 02 seconds ~st, along.a South line of said lift station tract, 60.00 feet; ~ENCE S 01 de~ree 02 minutes 58 seconds ~st, along a Vest line of said lift stati~ tract, 135.00 feet; ~CE N 88 deirees 57 ~nutes 02 seconds ~st, sloni South line of said lift station trac~ i0.00 feet to a point bei~ the South~st co~er of said lift s~tion and the South~st co,er of said Creek ~aa ~tates; ~CE N 88 de,tees 56 ~utes 02 seconds ~st~ alon8 the South line of ~aid Creek Estates, 9a.23 feet to a point ~ the gest l~e of Deforest ~CE S O1 de~ree 13 ~nutes 06 seconds ~st, ~th ~td ~est line of ~forest 1660.98 feet; ~v~'CE S'O1 degree 29 ~n ; O0 seconds T. ast, ~rlth said West lin~--2~5~.78 feet to the most ~rthea~t corner of ·trac. of land conveyed to the Coppell ~ndep ~nt School District, s described :La ¥olume 76188, Psge 2372, Deed Records, Dallas County~ Texas; ~E~CE S 88 degree· 2~ minutes &O seconds West, 1223.67 feet to the most Northwest corner f · tract of land conveyed to ~arbara S. Austin, as described tn Volume 78069, Page ~ed Records, Dallas County~ Texas; ~]'~CE S O0 degrees 06 minutes ~6 seconds East, ~lth the ~es~ line of said Austin tract, 220.60 feet to a point on the North l~ne of said Sandy Lake Road; HENCE S 88 degrees 28 m~nutes 39 seconds Vest, ~th sa~d North line, 290.9~ feet to the · st Southeast corner of a tract of land conveyed to Sandy Lake Baptist Church, es described n Volume 66001, ~age 972, Deed Records, Dallas County, Texas; ~ENCE N O0 degrees 05 m~nUtes 5! seconds East, w~th ~he East line of said Church tract, ,53.90 feet; 'HENCE S 88 degrees 15 minutes 51 seconds ~est, ~rlth the North line of said Churc~ tract, 99.60 feet to a point In the East 1/ne of a tract of land conveyed to Joe ~ '. as described .u Volu~e 3779, Page 296, Deed Records, Dallas County, Texas; .~.NCE ~ 00 degrees 21 mlnute· ~1 seconds East, with the East 1/ne of said L'by tract, 768.10 feet; £NENC£ South 8~ degrees 58 ~tnutes 51 seconds Uest, ~th the ~orth line of said Eby tract, ~51.49 feet to · point tn the centerltne of Lodge Road; _'HENCE N O0 degrees l0 minutes 23 seconds East, ~th said centerltne 1118.51 feet; r~LENCE $ 89 degrees 03 ~/nutes 35 seconds West, ~th the ~ost Southerly l~ne of sa[d Squires Survey, 1865.83 feet to the most Northwest corner-of a tract of land conveyed to J. & ~. Company, Inc., as described t~ Volume 79009, Page ~33, Deed Records, Dallas County~ Texas; THENCE S 01 degree 0~ mlnutes 16 seconds ~-ast, vlth the West llne of said J. & E. Company tract, 1619.83 feet;. · "~IE~CE N 88 degrees 3~ minutes ~ seconds East, v/th the South line of said J. ~.E. Company tract, 638.39 feet to the ~ost Northwest.corner.of a tract of land conveyed to John R. Bu.-ns, Jr., ~s described tn Volume 2143, ~age 595, Deed Records, Della· County, ~exas; THENCE S 00 degrees 51 minutes 03--seconds West, ~rlth the West line of said ~urns tract, 1153.29 leer'to · point on the said North 1/ne of Sandy Lake THENCE S 88 degrees 28 mlnutes 22 seconds West. ~rlth the said North llne of Sandy Lake Road, 677.68 feet; THENCE N 01 degree ~&~tnutes 52 seconds East, ~rlth the East line of:·_tract of land conveyed to Shirley &. Rarpold, as described tn Volume ?Tll6,.Page 627,.Deed Records, Dallas County, ~exas, ~6&.07-feet; TR~'NCE S 89 degrees 51 minutes l~ seconds West, 630.05 feet to a point for corner; THENCE S 01 degree 22 mlnutes &9 seconds East, 620.89 feet to a point in the aforementioned ~orth line of Sandy Lake Road; THENCE S 89 degrees 11 minutes &9 seconds West, v/th said North line of Sandy Lake Road, 770.81 feet to the most Southeast corner of a tract of land conveyed to U. A. Ottlnger, as described tn Volu~e ~T&l, Psge 618, Deed Records, Dallas County, Texas; THENCE N 00'degrees $6~mtnutes t9 ~econds ~est, ~rtth the East 1/ne of said Ottlnger tract, 251.79 feet; THENCE S 89 degrees 03 minutes 11 seconds Uest~ ~rlth the North line of said 0ttlnger tract, 173.00 feet; THENCE S 00 de~rees ~6 minutes 19 seconds East, ~rlth the Uest line of said Ottln~er tract, 251.79 feet to · point on the s·td North llne of S·ady Lak~ Road; THENCE S 88 de~rees &2 ~taute· 38 seconds Uest, ~rlth the said North l~ne of S~ndy Lake Ro·d, 379.66 feet; ~L-~ N ~? de~raes &5 u~n. s 13 seconds Vest, 73.02 feet to the. ox o~ beginninA and .tfllnin~ a Ir,is ares of 25,867,623 ·quart feet sT 593. B39 acres of land. ~G · 10.965 acre tract of land situated Xn the said $. M. }ttatt Survey and being · portion that certain tract of land conveyed to N. Douglas A~kins, Trustee, as described by ~ r,~orded Sm Volun~ 76118. Page 2355, ~eed Records, l~allas County. Texas, and being .cr~bed as foll~s: ;~NC ax xhe tntersect~on of the Borxh l~.e of San~ ~orest ~ ~ 8B de,rets ~9 ~nutes ~0 seconds ~est, ~th t~e enid North 3~ne of Sandy ~ ROd&, ~.23 ~eet to the most Southeast corner of a tract o[ 2and conveyed to ~arbata S. Austin, d~cr~bed by Deed recorded ~n Vo~ 78069, ~age 0568, ~ed ~ecords, Dallas County, Texas; ~ N O0 degrees 5l ~nuves &6 seconds ~est, ~i~h ~he ~sV line of said Austin Tract, ~.~0 feet to Vhe ~st Southwesterly corner of a tracV of land conveyed ~o the Coppell te~ndent School District~ as described ~n Volume ~6188, P~ge 2~72, Deed ~ecords, Dallas ~uty, Texas; ~CE N 88 degrees 31 ~nuVes O0 Seconds ~st, ~Vh the ~outh line of said School Tract, 1.89 fee~ von poin~ ~ the snid ~esv line of Deforest ~ S 01 degree 29 ~uuves D0 seconds ~s~, ~th the said ~est line of Deforest nd, 6~3.~1 feet to the point of ~eE!~ and containing ~77,655 square feet of land. 10.965 ~cres of land, -" BOUt;DARY D£S£R!PTION BEING a tract of land situated in the S.A. & M.G.R.R. Survey, Abstract No. 1430 in the £ity of Coppell, Dallas County, Texas, and also bein~ part of a tract of land as described in deed from Good Financial Corp. to ~. Douglas Adkins, Trustee, as recoroee in Volume 76188, Fage 2355 cf the Dee: Recoros of Dallas County, Texas an~ bein~ more particularly described ~s fo~iows: COMMENC!NG at a point of intersection Of the east line of De~ton Tap Roa~ ( a variable width ri?t-of-way) with the ce~terline of ~enton Creek, said point also beino ~h. most southerly soucnwes~ come~ of a tract of land as describe~ by deed to Pure !ce a~ Cold Storage Co. and recorded i~ ¥olume 6569~, Page 1496 of ~ne heed Records of Dallas County, Texas; THENCE along the said east line cf Dento~ Ta~ Road the fei.lowing courses and distances: S.0°51'5£"W., 3~2.88 feet to the beginning of a curve to the right navln~ a central angle of 2~53'0~'' an~ a radius of ~7~.7e feet; Thence ~ ~ . ~h- end cf alone sai~ curve 2gl 3~ feec ~o .,.: sa~d curve~ Thence ~ $5!.g0 fee~, 'hence ../ .~ ~ ~. iOJ ~.' f=~-' ~[,ence £ 2:01'O~"~. 24~.40 {ee~ %e the beginning o~ a curve to ~he iefi ~avinc ~ central an¢ie of J°46'$0" and a radius of 5~79.70 fee~; Thence aion~ said curve 77.3~ feel end of sale curve; Thence K.GS°59'O2"E,, lea¥in~ said east line of Denton Roac, 408,48 feet to %he PO]~(T OF BEGINNING; ~u~~,,,_,,~: ...~j ~o~o,no,,~.~ ~ ~., ~4~.~, feet ~o the beginning of a curve to the !eft havinc a central anoie ~ i"°DC'Di'' , ; . ~ ~, ,~ . an~ a radius c~ !05D.DD feet .M~: along said curve, 3!3.35 feet to ~ne ~nd of said curve; THENCE S.l°OO'58"E., 671,41 feet co a point for corner; THENCE S.88°5~'02"~., 55S.D0 feet to a point for corner; ~h~. PJ.10D'5E"~. 624 9S fee~ '~ the Pcin~ of Beginning.and containinc J-6,.BO square feet or $.DDO acres ¢~ land. ~OU ~u,,R ~ DESCRIPTION ~-:]N~ a tract of ~and siZuated in the ~lar~n~ Sqo~res Survey, A=stract !32T and the ~.~. & G.F;.R. Survey, Abstract NO. 143C in ~he City of Ccppeil Da'las Co:-z~-: Texas ant also Deinf part of a tracZ of 'and as descrlbeo in deed f~om Good F~nancial CorD. ~o M. Douglas Adkins, ~ruszee, as recorded ir, Volume 7~188: S'aee 2355 of zhe Deed Records of Dallas Count_',', Zexas and beln~ mo-e c~iar!v oescr~bec as follows: B~G]""'NG,,,~. at a po~nz of in~erseczion of She wesz line of Denson Tap Road ( variable w~czb right-of-way) with she centerline of Denton Creek. said poinz a!sc Delno ~he mOS~ souznerlb' southeast c~rner of B zract of ian~ as ~escriDed D~ deed ~o Z~zk Lively recoroec ~r, Volume ~2E, ?age 510 of she Deed Records cf Dallas T~Er;r; along the sa~d wes: line cf S, encor, :ap ~.oa~ :ne fcl;c~..,inc :ourses ant . ~ Ou ant a radius of :'~ ~ Thence sa ~c~..:~ fees; along hay!nc a ceqzrai angle of 9°'-' n,. cu,-ve'2ES.:9._ neet to she end of said c.~rve; Thence S.C':27'3a"W.: ~'.-..~. c~ feeS:Thence c EOlc ~ .... 321.8~ ~:~-' Thence S.l°nC'5~"E 22.05 fees ~o a po~nz for corne~; ZHE~,~E S.67°24'35%,'-, leaving the salc wess ';ne cf Denzon Ta~ ~oad, S22.0 fee% ~2 apc. zr,~ for corqe~; z~ENCE [¢.!~11'53"~-:., 54.43 fees ss a poinz for Tr.E~¢2E ~;.35:2~'~E";,., !9~.08 fees ~ a psin~ for corner; ...... ~ ~; _2 ,,., ~3~ ./ fee: :8 a Do~r.: for l~r:~ :,.41~i0'5i'~., '15.77 feet cc a pein: for ccr~er; :~[I;C[ ' ~l:iS'Si"c., 145~.96 fee: :c a pc~n: fcr corner or' the cer:erlir:e TkE['~CE along zn~aif cencer!~ne of Denzon Creek '~ foiiov.!r,c ~o.,.~ ::.E?L2'ST"E., 102.50 ~ee:; Thence ~[.7~39'?"E., ~.32 fees, Thence 'o~..TC feet~ Thence k.60~26':'~''=.: .., ''O.OO feet; Thence ~.¢ 77c81'2~"E., 13f.O0 feet; Thence ¢ 5q:Ci'2~"E ?O 0:. feet; Thence S.37°I1 '2~"E. ::n nn feez Thence ...... . ,,. 5.57¢ii'23"E., 272.00 feet; .hence S.71:!;:23"E., J~. O0 feet; lhence ....' ., .... ' _ ' ~, .J.~= 6C ~.. ~nc. :~'.~ ~ee: :: :me Pc.~r.: c~ Be~innlne and conzain~ng c: -,~ -es ~ ~ ~r]NG a ~ract of land situated i-, ,h. Clarinda ~,'~ ....... re. Survey, A~-sCrac~ 132~ anc the c A. ~ ~.G.Rr,. ~ ~u~,,~v, Abstract N~ '4~u:~' ~n th~ ~;t)' ~f Dallas County, Texas ant also being part of a 'tact cf land as descr!Ded in oeec fror ~ Financial r ..... - ~rus~EE, ~ re~mr~:W ~F," ' ~U'.. M. ~Duclas .Aokinc ....... ,c.ume 7~,8~, ~aoe 2~55 ~T the Deeo R_s ..... ~ Za;ias Texa~ ;~ ~elrc mcre ularly oescriDed as fellows' variable wic:x right-of-way) wi~h :h~ :en~erline C~ Denton Creek. sai~ poin: also being %he mess sou~he~i), sou%hwes: corner of a trot: of land as oescribed by oeec ~o Pure :ce and Cold Storage Cc. and recora~e ir V:':-~:~e E.~.. Dee: Reccrds of Dallas County, Texas~ ?4E~<SE 8'on~ ~,E SEiC CEr.%en]ir:E D~ ]Er%c- [ree~', arc :r.E s~!c SCJ~r ~hE ~J~ 'CE ~nc Cc]c ~C2. r~oE ~' ~:-~c~ -n~ ~c.~c,.--c ccjrsEs ~& di'-':.cFmc.~c:_ :6~..uv ~-~'' Thence c 61:'52 ~: .... , ........ c., i~{ OS fee'..; ..... 2~."E. Thence l-,.5e=S?'25"E., .~4v.''~ 02 fee~ ~nence ~<.77:CT'ZE'E., ].OD.OCt :~=';.... M.27=OT'25"E.~ 385.30 feet; Thence ',.TZ:CT'2~"E., !83.DC feet; Thence '71.70 fee~ 5c a point for THENCE !eavino the saic cen~e~i~ne cf Den~en CreeL, and ~r,e soutr lin~ Pure Ice anc Cold ~to~ace Sc. :-a~- c r. cz~,~:,~ iz~? i~ feet ts a ~oln~ come- ir: a curve %c the 'eft runr':r:c ;r. a SOUZn.'._..rlj.~c-= · clrEc~;sq ar.c central an~ie of 13~19'3~'', a rat!us ~f 22D0.~:[ fee: ant a tanger,: ~ear~nc of c 7~ 2~ ,~,.~,.; T-E';CE alone_ sa~c curve 5li ~: :~' -~.~ *~=~,_ ~n:~ cf sa:c ief: runr. lnc in a sou~h~es~eri? direc~isn ~nd havinc a cen:r~' ancie o raciu~ Cf 334~.i1 feez- an~ a :and=r.- b.a-ine cf c ~::~c 41"H THEk~[ ~3ng s~i~ cur~ 464.1~ fe~i t& tqe er.~ of S~d curve: Tq['{DE S.5752'15"~.., 5~E.24 fee: tc :he sec:na:r.e cf a cu-ve ~C the rich: ,,av~nc a central an~!e t' le:OS'5:' ant a ~a~i~s c' ~0,2 ruts fee:~ ..... ,~c a,ong saie [urve 188.6~ f.e~ ~c ~e saio curve: ihe sang easl ~ine cf Deqlon Tap --E~S~ a~eng the sa~d east l~r,e ~f ~,erco'- -at Rsac cna fcli[,,.-Sn~ cc'Jrses ar, s distances; .... ,. ~o0, ~'~''ru~ .., ~a~.26 feet 5c- the ~.6clnr-ne c~ a curve lc i~e r, avine a cenzra~. anole .,-.' 2~53'00'' a~e a raci;s e~ ~78~.70. feet', -ner. ze curve'2~.3E- feet t~ the end of said curve~ Thence K.0:5!'58"i.~., 342.B~. feet tc the Point of Beginning and containing 53.2S8 acres cf ian~. ~_.~NG a tract of lend s~tuate~ ~n th~ Aifre~ Laes~on. ~, ¢ ..... ,.~,,, A~r~ct I'~. 7~, the [iarinoa Souires.~u~v~v.~, Ah~ract~ NO. i327 and the H~.~._ of ;.~ibert C. K~e!sey Survey, "~tract Ne. iS42 in the City of Copp~il r:~;las an~ 2en~cn Co:niles Texas and also be~n~ part cf a tract c~ !and as descriSec ~n e.t. fro: ~. F;nanc;a! C;rp. ~e ?.. ;~uglas Ao~ins, T~ustee, as recerde0 in V:i;me 7618~, ~agE 2255 sf ;he Eecc~cs Df 2alias~eu,,r ,~-~.v, Texas ano being msre particularly, describec as ~I.,t,I:NC~: at a porn% of intersection of the eas. line ~ Denton ?a~ ~sac ~ a varia;ie w~C~h right-of-way) with the centeri~ne o~ Denton Creek, said point ... m.~ southerly southwesl corner cf a tract of iar, O es described by deec co P~re ~ce and Coic S~o-ace Co. ans -eccrdec ~r Volume ~:5c4 ~ace !~8 ~-= the ~eec Records ef ~allas County, -exas; Thente aisn9 the Sai~ cenceri~ne Of ~enter. 2"..;. and tqe sa~ ~Outr, lln~ of the Pare i:e ant C~id S~orace :~;c- the fcllowinc [curses and olstances; ........ E., ,~/./~ feet; TY, enc~ k.[E=3!'25"E , Ii, feet; Thence t;.48~07'25"~., !SO.O2 feet; Thence S.5i:52'35"E., i~5.0O fee~; Thence ¢ 8:~5~'25"E., 590 OD feet; Thence N.SB~07 25"E. 3~0 O0 feet; Thence ,.~ ~/ 2:"E ~.~.u~ .e.;, ~hence N 27~0/'e~''~ 380.00 feet, Thence N.72~07 ~5'E., ~c;..u~ ihen:e_c...~5~'35"E., 17~ ..... 70 feet; 'hence c 0~52,35,'E , ~i.6! feet -~ ~h~. .;r,~l~l~, ~-- T~;CE c=ntir, u~r,~ ~ior,~ :n,e saio cen:e 'ina o~ Denton :reek ar, d the sa~d so;th line ~'_. %',~,._ ~ure ]ce ar:c Coic Storaee. Co. tract the foliowinc, courses and cis~ances' ~.~c:=- ...... '3e''s , 325.~ fees:. Thence N.74oil'=e''s ..... , 175,O0 fee~; lhermce R.c~'o~ .... ~a b~"E. 2~.3Z ~e~; Thence %.67°26'14"E 185.00 feet' Thence c ~P~=~'4E"E 75 en feet' Tmence S.6)~49'~l''l., io:.25 ~ '' o~'''.' , ... ' ~.._e~, Thence _q.8. :c ~;"E. ii2 :: feet; Thence k. TD~2~'54"E., 7~.45 feet; Thence N.56:lT'59"E., 17E.70 feet; -hence i52.2S fee~; lhence ~.L?~3'29"E,, llS.3O feet; Thence N.23:3~'2e"~., iLb.4O lhe~:e q.4!~44'Ol"W.;'~.SO ~eet; Thence ~;.20:21~29"E,, i53.Cb feet; Thence -q~;S~ leaving che sai~ center!ina o~ Denton Creek ano cna sai~ SO.Ch i~ne the :ute ice an~ Cold Storaae Co trac% S02TF ',CRF S4 feet to r'r'~rt ~D~ corner; T~ENSE..~ B":44'42"W,. ., 327.96 feet to a pcln~ ~or CC-her.. r-~"~. ..,~- _v. mn,qn'~--u 7~7 ...PC feet tO a point for co~ner in a .-u~.:. -~-.~ '~=... 16f: r~,nninc zr a r-?rtr, wes~eriy d~rect~on and hav~no a central ar)~]~ of ~e~L'C'~' 6 ~EC~'JS 'gCC.O[ feet and a tanger, t bearine of .... along said curve 94!.83 feet to Che end of saic c~.-ve, same b~inc ~eginn~nc of another curve to the left having a cen;ral an~le of !c:2~'bg" and a radius of 22eD. OO fee~; .... k~. ~lon~ s~id c~rve 555 58 feet ~ th~ end of said. curve; ~EN[E I<.0~2'35"~., 1355.54 feet ~o ~h~ Point of Beginninc and contaln!n~ 6~.16~ acres of ianc. : ( ' ': ''~ ' I~':'1!i!"'!E'.'.'!.''. "'i'?'l'-":J'l?l'l'~'::~'k:J- lJ l~': :": ".J J I'E: '.' I-'!.. I.~- ] . i½/-,..-.,.,. ~o~ ~' ' J': r .... ~- ~"'' ~:' :''' '1",1 '?'~'1'' I ~'~'' · '' ;'. ",'- ; ' ' I .'.'.%'.'.~ c ~;.~': ,'., ,:~;~',". 4, .., '~... .','~,,l'd,:~' ~ :, ::';~t, '.~.~!,,~ b , , ~, ., ~.~ :-".~ ' ~ : ,::::' :.:'h...:'' './~:'.:,:.>~::: ~ ' ~:~ - - '~ ,,<'. '.., .-,,~"1..?';- :-,' · .i,,..', i'~ .1,,]~ · ~ '" ' ' ': "~1.4 J~/'::'::'.'~ ' '.'."'.'." ~ "- ) ':: ": ' :',.g i'-' t .1~'' '.'.li..jI ;.~ i - '1 ,. '' ' ,'/~/ 2,].'-"~.'} .'.'' ~ ~ ] ' ' /' ' 'llll'[' [l~ ill':lll[[' ll ' iI Ii I:' g[l][ {'': ' I I I I : I I Il ' ] ' ~' '1' ' ' '' ' ' '[ ' ' J } ~l'd ~'~{'" ' :"hl':""~~ , '; ;'3'::':'1;, :" 4' ;'~, "~' -.~ ;.t~:>:,t::.:.:..Y:..:.:.:.t.':.:..:,:...i v ~<'-' ' ' :;,,' .'l" i: ' ;i I', .1;i- '-i;,iL I .... ' ,, .,-. if?'.' ' '.'x",' · '.' '.','.'.'.' ~-< .:.g .. . ~'.. ~ ,~ ~ ..~ ~;,, . . ~~. . :. h~ ............... ~ . -~'.?.1.-¥ -. ..... - -. .... ; ,.l~ - , ~.. .~-~ ..... ~. .. .;: I,',.-.,.- ~4';'" ' ~ :. -.' :.. ~ ................ - ~l..~-,.l:,..~d,.-~ ....... '.:..~ ,,.,I .'~::: :: :::: :-~-.~','~.~.'~','. ~-':~: ]" "f~:'t'~' "~'1" C::"' L'I-'K':'~ ~r::::::::::: .................. ~'.;I.'-:;,'-'~'"~."~i~/~::~: M:::::::::: "~":"::::::::-~'.'," ~:~' ~ =============================== ~~ ~. ' .... ~ ...... ::::::::l ~~,~:~:: ~.: ::::~:~:h ~~;: ......... ~,.: ...::::::::::::~ I ~~':. ~~:~ ........ : ::::::::~ ::::::::::::::::::::::: '. ~.'.:'."2 .... L:'': .t~1:: ....... [ , - ./~ .~;_~:. ~-~ ~ ~ ~ ~ ~ ~ ~ ~ ~ , -~ ' '=~= ~ ~-~-~ = ~':~??'~-; ~ E~,~::::: '.:::: ;] ~ .':_.-~-._-:~ ..... ;..-_~ .. 1~:::::::::::::~ x..:..~:.::?-.7~'- ~::~_' ~--' :::::::::::::::::::::: ~-": :~' :;'- : .... L _ - .:_..: . _...'.-.-:?:.: :-'- ?... - ~. '-...:-:~:: - -- --'-,::?;:::..< /;'-;=:,; ', ::::::::::::::::::::::: ~::' I :~:~:~,~'i":-,~ ~ -'-.-~-:-'- * '-~:-.__::~< .- -~::-:.:- , -.'c-:-- -~ ~ ~,~':~1 ' l .~: --::-:-.=._-~_~ ::::<: '.: - --- .- II t. ,'7~'.'.' .' . I ~ xo . ._ . ,', / - -' J . =-o ,.- E../ ......... ' ,,: .:, L z Z ~ ' .... THREAD,GILt- DOWDEY & ASSOCIATES CONSuL~ ~NG ENG~NEE RS ,4639 ~t~EURANC£ LANE 1214. c-26-E273 OCtooer 28, 1982 Mr. ~ike Allen Univesz Corporation 5350 zBZ Free~ay, Suite 22E Dallas, lexas, 75240 Re: ~he ParKs cf Coppe!~ 2esr Mike: Enclcsed'~-s a ~abulat~on of the estimated development c:st connected with the proposed Municipal Sente~ and a sketch relating the same items. i nope zhis data will De helpful ~c you. Very truly yours, THREADG1LL-DDWD£Y & ASSOCIATES D,":3 / cji encl. r,- ~ ./ CENTE i TNr PARKS OF~ COPPELL S~NDY L ~K [ RO~ D SCHEMATIC SKETCH MUNICIPAL CENTER COPPELL , TEXAS OCTOBER 1982 NO SC" LE ~H£ P~RY..S Z.-F CO?PELL A. 'T'.:-'S ;,DOA,C;'r;~ TO .!:J'.]C]F.;:,L C-[.:,TEZ'. 1,~20 S.¥. 6" 8onc. ~' S ]5.00 : $2],30S.00 i,~,.,,. S ';' - L~me SJ~";c~ ~ 2 :,u : 3,-7=.,~ ,-r, · - S-ac'~- - 600 C ~ zil; ~ ; '-~ = ...... ,, .C'L.'. Jo 2 Smh.- .... £E:,IEF "~ .... :_ l,,~ -' ':E ..... ~ '-",-~r :: ~"' '~' = T 3-.r..L 3. ~6" i4;'.TEF.,..,_' · S~ ' .F. i6" ;-;ate,- f S ;,E'.O£: : ' ; "' .OD i Ea. i6" Valve :..= 226:,.0C = ~,2,,.,u TOIAL .¢ ! ~ ,050.03 CiTY PAPI - 53l.. · ,.~T.,M~,.D 36.' D:ANETER) 555 L.F. 36" R.C.P. 6 $ 40.00 : $22,200.00 i Ea. 10' Curb 1hie; ,~ !5DO.O0 = '.,,5DO.OD 90 C.Y. - Sand Embedment [~ i$.00 = 900,00 COl'AL 2,6:~C L. ~ i6' ~.:ater ~ .~ 12.00 = S47,700.00 ~-Ea. 1£' Valves ,.r: 22DS'.09 = lO0 L.F. Bore, Case ~ Furnish i2" ~ater Pipe ,~ ~C.OD = I Fa. - 12" valve (~ 700.00 = 20C- C.Y. - Sand £mbedment (~ IO.OD = 2,000.00 4 Ea, 1 1/2" Blow-Off Assemblies ~ 2.50.00 = 1,O00.O0 '[OffAL CHARGES 20,~. O-~ ;''~'~;~ -..~ .................. O,.,u. 0,.. i PAV]NG ............... · -',,v :,,..-, t E; ,~'. = £28,750.0C 2. SA;;.'-I.'-~',' £E;-!"R ( PAEK,..;: ~.~?_".' : ~',050.0C _'-. 16" ~:ATEF ' !"--.,_ ,, ....... ~-,'.:v.'_..,.. · ~L",;C ' = 6,=.25.CC 4. STOR~ SE~ER {PARK~iAv 5L",'C'. ) = ~2,30C.0C -'. '.' 8" 6'-~TER ..... ~' RCA~. ': 5. ~' ' '" ~'~,.Rn'_~ = ~,OOO.O0 7. E ,r_ .... ~ ; : TOTAL Si'~ 0,525. O0 SPECIAL WARraNTY DEED STATE OF TEY~S ) ) KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DALLAS TH-~T THE PARKS OF COPPELL JOINT \~NTURE ii (herein "Grantor"), for and in consideration of ~he sum of TEN ~ NO/100 DOLLARS ($i0.00) and other valuable consideration to the undersigned pald by THE CITY OF COPPELL, a municipal corporation and political subdivision of the State cf Texas (herein the "Grantee"), the receipt and sufficiency cf whlck is hereby acknowledged, has G.rcANTED, SOLD and C3~EYED, and by these presents does GR~NT, SELL and CONVEY un~c %he Grantee, whose address i$ P. O. Box 47S, Coppell, Texas 75019, Attention: Andrew Brown, ~ayor, al! of ~hat real property situated in Dallas County, Texas, described in Exkibit "A" attached hereto and made a part hereof together with any improvements thereon (herein ~he "Property"). TO PLAVE ~dN~ TO HOLD the Property, together with all and sin~!ar the r~ghts and appurtenances thereto in an}~ise belonging unto the Grantee, its successors and assigns forever, and Grantor does hereby bind itself and its successors and assigns to WAR~A~ AKD FO.~EVER DEFEND all and singular the Property unto the Grantee, its successcrs and assigns, agains~ every person whomsoever lawfully ciaimzng or to claim the same or any part thereof, by, through and under Grantor but not otherwise. This conveyance ~s made and accepted subject to those ma~ters se~ forth on Exhibit "B" attached hereto and made a part hereof for all purposes, and to the restrictions set forth on Exhibit "C" a~tached hereto and made a par% hereof for all purposes. By acceptance of this conveyance and as part of the consideration therefor, Grantee, its successors and assigns, do covenant and agree and shall be obligated and bound to abide by and comply with each and every provision of said restrictions, which are covenants running with the Property. EXECUTED AIN~ DELIVERED th:s day of Dece,~dDer, 1982. THE PARKS OF COPPELL JOINT VENTURE By: ~ichae! R. Allen, Joint Venturer By: Glen A. Hinckley, Joint Venturer By: John B. Kidd, Joint Venturer THE STATE OF TEY~S ) ) COb~TY OF DALLAS ) This instrument was acknowledged before me on ~he __ day of Decew~er, 1982, by ~ICF~EL R. ALLEN, a Join~ Venturer of THE PARKS OF COPPELL 3OINT VENTURE I!, on behalf of said 3oint venture. Notary Public My Ccmmission Expires: THE STATE OF TEXAS ) ) COUNTY OF DALLAS ) Thls instrument was acknowledged before me on the ~ day of December, 1982, by GLEN A. HINCKLEY, a Joint Venturer of THE PARKS OF CO??ELL 3OINT VENTURE Ii, on behalf of said joint venture. Notary Public ~y Co~T.~ssion Expires: SPEC!AL WARRANTY DEED MUNICIPAL SITE THE STATE OF TEXAS ) ) COUNTY OF DALLAS ) This insurument was acknowledged before me on the __ day of December, 1982, by JO.~ B. KIDD, a Joint Venturer of THE PARKS OF COPPELL JOINT VENTURE II, on behalf of said joint venture. Notary Public My Commission Expires: SPECIAL WARRANTY DEED MUNICIPAL SITE EXHIBIT "A" PROPERTY DESCRIPTION FOR MUNICIPAL SITE MUNlf]PAL S|T£ BOUNDARY DES£R]PI]ON BEING a tract of land situated in the S.A. & N.G.R.R, Survey, Abstract ;~o. 1430 in the City of Coppell, Dallas County, lexas, and al~o being part of a tract of land as described in deed from Good Financial Corp. to M. Douglas Adkins, Irustee, as recorded in Volume 75188, Page 2355 of the Coed Record5 of Dallas County, Texas and being more particularly described as follows: CO?i?q£NCING at a point of intersection of the east line of Denton lap Road ( a variable width right-of-way) with the centerline of Denton Creek, said point also being the most southerly southwest corner of a tract of land as described by deed to Pure Ice and Cold Storage Co. and recorded in ¥olu~ 55694, Page 149~ of the Deed Records of Dallas CouAty, Texas; lkENCE alon§ the said east line of Denton iap Road the following courses anc cistances~ S.0~5l'58"~., 342.~$ feet ~o the beginning efa curve to night having a central angle of 2°53'00'' and a radius of 5789,70 fee%; TY-e~ce a!on§ sa~d curve 291.36 feet to the end of said curve; Thence S.2°Oi'02"W., 55I.~0 feet; Tkence S.7:43'40'~W., 10~.50 fee~ ihence S.2°0]'02"W., feet to ~he beginning of a curve to the left having a central angle of 0~'45'50'' and a radius of 5679.70 feet; Thence alon§ said curve 77.39 feet %0 end of said curve; Thence N.BB°59'O2"E., leaving said east line of Denton lap Road, 408.48 feet to the POINT OF BEGINNING; lUENCE N.GB°Dg'O2"E., 241.26 feet to the beginni~g of a curve to the left having a central angle of 17°06'0i'' and a radius of 1050.00 feet; IHE~:CE along said curve, 313.35 feet to the end of sale curve; THENCE S.I~O0'DS"E., 671.41 feet to a point for corner; iHENC£ S.B~°59'O2"W., 550.00 feet to a point for corner; IHE~;CE H.l~O0'5~"l~., 624.99 feet to the Point of Beginning-and containing 345,4~G square feet or B.000 acres of lano. E~IBiT "£" PE~41TTED EXCEPTIONS FOR ~CJN!CiPAL SiTE I. Easement in instrument dated November 4, 1938, filed Dece~er 12, 1938 and recorded in Volume 2!09, page 463 Deed Records, Dallas County, Texas for electrical lines, etc.'and right-of-way from J.W. Thweatt and wife, Belle Thweatt to T P & L Company. 2. Raghts of uhe public and ~he State of Texas in and to the uninterrupted flow of the waters of the Cotuonwood Branch and all other creeks and streams transmersing the Property. E~.Hi B IT "C" RESTRICTIONS !. The Property shall be improved, occupied and used only for municipal purposes, ~ncluding, but not limited ~o, the construction of a city hall, mun!cipai center, public library and/or police station, but excluding specifically a flre station or jail. It is agreed and understood, however, that %he ~ ~ _o_ego~ng restrictions are not, and shall not be deemed to be, a dod!cation of the Property to the public. 2. The restrictions set forth above (the "Res%fictions") shall affect ali of the Property, shall run with the Property, and sba!2 exist and be bindlng upon ~ran%ee and all persons claiming under Grantee for a period of f~fty (50) years from the date of cf th~s conveyance. The Kes~r~c%ions are made solely for the benefit cf Grantor and are not in~ended 5o create mutual or reciprocal ser'.-i~udes upon a~oolnlng land for ~he benefit of adtoining 'andownerm. Grantor and Grantee, jo~nt!y but not severally, reserve unto themselves %he r~ght, from time %0 time without the 3oinder by any ad3o~ning landowner, to revoke or amend the Restrictions by ~r~tten instrumen~ duly ackno%'iedged and recorded in the Deed Records of ~a!2o=-. Count%',. Texas. Grantee, i~s successors and ass~cns. , shall not=~---:iv ...... for an%' zoning chan~e for ali or any par% of %he Property without first obtaining Gran%cr's written consent thereto. Grantor =%ai~ .... have The r:~ht, to enfc. rce the kestrlctJcns by any proceed~n~ law or in equity including, but not ilmlted to, the rigk~ to enjoin an}' attempted or ac~uai vloiatlon of the ~e£tr~ctions. SPECIAL WARk~NTY DEED STATE OF TE~S ) ) KNOW ALL MEN BY THESE PRESENTS: CO'JNTY OF DALLAS ) TF3.T THE PARKS OF COPPELL JOINT VE!~TURE II (herein the "Grantor"), for and in consideration of the sum of TEN A~ NO/!00 DOLLARS ($!0.00) and cther valuable consideration to the undersigned pald by THE CITY OF COPPELL, a municipal corporation and political subdivision cf the State of Texas (herein the "Grantee"), the recelpt and sufflciency of which is hereby acknowledged, has GkANTED, SOLD and CO~$VEYED, and by ~hese presents does GRA2fT, SELL and CO~;VEY unto the Grantee, whose address is P. O. Box 478, Coppell, Texas, 75019, Attenticn: Andrew Brown, Mayor, al! of that real property situated in Dallas County, Texas, described in Exhibit "A" attached hereto and made a part hereof together with any improvements thereon (herein the "Prcper~y"). TO HAVE ~D TO HOLD the Property, together with all and sin~u!ar the r~ghts and appurtenances thereto in anywise belonging unto the Gran~ee, its successors and assigns forever, and Grantor does hereby bind itself and 1ts successors and assigns to WARR.~NT A~ FOREVER DEFE~;D all and singular the Property unto the Grantee, 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 conveyance is made and accepted subject to those matters set forth on Exhibit "B" attached hereto and made a part hereof for all purposes, and ~o the restrictions set forth on Exhibit "C" attached kereto and made a part hereof for all purposes. By acceptance of this conveyance and as part of the consideration therefor, Grantee, its successors and assigns, do covenant and agree and shall be obligated and bound to abide by and comply with each and every provision of said restrictions, which are covenants running with the Property. EXECUTED AN~ DELIVERED this__day of Decer~er, !982. THE PARKS OF COPPELL JOINT VENTURE ii By: Michael R. Allen, Joint Venturer By: Glen A. Hinckley, Join~ Venturer By: John B. Kidd, Joint Venturer THE STATE OF TEY~kS ) ) COU,'~TY OF DALLAS ) This instrument was ackno'~'!edged be~o_e me on the __ day ~= December, i982_, by .~;ICHAEL R. ALLE!{, a 3oint Venturer of THE PARKS OF COFPELL 30!NT VENTURE II, on behalf of said joint venture. Notary Public My Cor~u:ssion Expires: THE STATE OF TE)L~.S ) ) CO-U?~TY OF DALLAS ) Thls :nstrument was acknowledged before me on the ....... day of December, 1982, by GLEN A. H!NCKLEY, a 3olnt Venturer of THE PARKS OF COPPELL JOINT VENTURE II, on behalf of said joint venture. Notary Public My Commiss!cn Expires: SPECIAL WARRJ~NTY DEED PP~SE I-A AND PHASE I-B THE STATE OF TEXAS ) COLq~TY OF DALLAS ) This instrument was acknowledged before me on the__day of December, 1982, by JO~ B. KIDD, a Joinz Venturer of THE PAKKS OF COPPELL 3OINTVENTUKE ii, on behalf of said 3olnt venture. Notary Public Commission Expires: SPECIAL WARRANTY DEED PHASE I-A AND PF~SE I-B EXHIBIT "A" PROPERTY DESCRIPTION FOR PHASE I - A kND PHASE PHASE I - P BOU::DARY D£SCR]p~'~'''. , EEi,~,'S a tract of lane situatec in the Clarinda Squires Surve_v, .Abstract ;;c 1327 and %he ~ A. & I~..G.R.R. Ca~v:;., .LbsLract tic,. 1435 in th~ City o* Coppeli, Dallas County, Texas and also being part of a tract of land as ces- cribed in deed from Goos Financia~ Corp. to t-;. Douglas Adkins, Trus%ee, as recorded ~n. Volume 7~i88, Page ~93~ of the Dc-ed Records of Da~l: as County lexus and befng ~ore particularly described as ,.liows: COM~q[NCiNG at a point of inze~sec%ion of the wes~ line of ~ntcn 7ap Road (a ~ar;able width r~Dn~-c -~o:,') with t~ :er;terl~ of Denton Creel said ~int also Lo!re :P,e r,ost southerly souz[',east cc. rr. er of a tract of lan5 a~_ d~t-r~'-q__~. ..,~ Ds' coed to Cack Lively ~eco~eed in Vcit. n.e 426 Faa~ 516 of tv~ Deec ?ecc-.-ds Del'as [3~r:ty, T[:~as; Thence witq t~e said ]ir:e c' [er:ton lap ~oad ~.~c ~:5l '5S [., 4q. E4. f~-et LC the PC.];;T OF gEO:~:;:]"~;.,, THENCE ccntir.~in~ alon9 said line of Der, ton lap Road S.O~51'5~"[., 292.12 feet tc the beginr, in9 of a curve to the right havin~ a central angle of 2~53'O9'' and a radius of 55Eg. TG feet; Thence along said curve 285.32 feet tc the er, d of said curve; Tn~qce S.0°37'3c"W., lSl.gO fee%; Thence S.g:lg'20"~-.., :$~ 88 fe~t' T~'~qr~ ~ l:O0'[~''~ 22 05 F~-et to a ~s, int for ce,mar; 7k[~,{[ S.67'24'35."~.~., !eavin~ t'~e sa~d west l]r,e cf 5anion lap Road, feet to a point fcr corner; T~i~NC[ ~,.lOll'53"l~., 54.43 feet tca point fc~' corner; TP~l,S[ ~,.35~29'45"W., !9~.O~ feet to a p:.int ~o~ THENCE ~;.4~43'22"w., 535.17 fee~ to a point fsr corner; TH~r:c~ r;.ST°O3'34"E., 1226.37 feet to the Foir, t of Beginnin9 and containing 21.250 acres of land. BOUNDARY DESCRiPI]O;~ B~!NG a tract of land situated in the Clarinda Squires Survey, Abstract No. !327 and the S.A. & M.G.R.R. Survey, Abstract No. 1430 in the City of Eoppel!, Dallas County, Texas and alsc being Dart of a tract of land as des- cribed ~n oeec from Cood F~nancial Corp. to N.Douglas Adkins, Trustee, as re[o,'ded ir. Volu~,e 761~, Page 235~ of the Deed Records of Dallas County, le~as and be%rig n.ore particularly described as follows: B~G];;I~:NG at a point of intersection of the west line of Denton Tap Road (a variable width right-of-way) with the centerline of Denton Creek, said point also being the most SO,ther!y southeast corner of a tract of land as described by deed to Jack Lively recorded in Volume 426, Page 510 of the Deed Records of Dallas County, Texas; THENCE along the said west line of Denton Tap Road S.0°51'58"E., 49.64 feet to a point for corner; THENCE S.57°00'34"W., leaving said line of Denton Tap Road, 1226.37 feet to a point for corner; THENCE N.41°IO'51"W., 115.77 feet to a point for corner; THENCE N.31~lO'Dl"W., 835.30 feet to a point for corner; THENCE N.58°49'OD"E., 853.~5 feet to a point for corner in said centerline of Denton Creek; THENCE with said centerline of Denton Creek the following courses and distances: S.37°ll'23"E., 339.70 feet; Thence S.57°11'23"E., 272.00 feet; Thence S.Tl°ll'23"E., 340.00 feet; Thence N.88olS'37"E., 50.83 feet to the Point of Beginning and containing 21.250 acres of land. EXHIBIT "B" PERMITTED EXCEPTIONS FOR PHASE I-A AND PHASE I-B' A. Rishts of the public and the State of Texas in and to the uninterrupted flor of the raters of the Cottonvood ~ranch ond al~ other cree~ ond strea~ tra~mersin~ subject proper~y; ~er, a~ross and through proper~y to ~ in- sured. B. Easement in instru~ent dated June 3, 1975 and recorded in Volume 751&2, page 1372 Deed. Records, Dallas County, Texas for sever line, etc from Good Financial Corp to Coppell Municipal Dtllity District No.l. (Affects Phase I-A only) C. Easement in ins%ru~ent dated November 4, 1938, filed December 12, 1938 and recorded in Volume 2109, page 463 Deed Records, Dallas County, Texas for electrical lines, e%c end right-of-way fro~ J. ~, Thweatt and vlfe, Belle Thveatt to T P & I., Company. D. Easement in instrument dated June 23, 1955, filed July 12, 1955 and recorded in ¥olume 4300, page 358 Deed Records, Dallas County, Texas for channel easement fro.~ Floyd A. l~orm~n to the County of Dallas. (Affects Phase I-A only) E. Easement in instrument dated August 15, 1978, filed April 13, 1979 and re- corded in ¥o]ume 79074, page 99 Deed Records, Dallas County, Texas for utility easement from M. Douglas ~kl~, Trustee to the Cl~y of Coppell. (~fects ~ase I-B only) SPECIAL WARk~NTY DEED TP~ STATE OF TEXAS § § ~NOW ALL MEN ~Y THESE PRESENTS: CO'~TY OF DALLAS § Tl~T THE PARKS OF CO??ELL JOINT VENTURE Ii (herein the "Grantor"), for and in consideration of the sum of TEN kk~ NO/100 DOLLARS ($10.00) and other valuable consideration to the undersigned paid by THE Ci~f OF COPPELL, a municipal corporation and po!Jr!ca! s%~bdivision of the State of Texas (herein the "Grantee") the receipt and sufficiency of which is hereby acknowledged, has GRA_NTED, SOLD and CO~'EYED, and by these presents does GRA~T, SELL and CONVEY unto ~he Grantee, whose address is P. O. Box 4?8, Coppell, Texas, 75019, Attention: Andrew Brown, Mayor, ali of %hat real property situated in Dallas County, Texas, described in Ezkibiz "A" at%ached hereto and made a part hereof %oge%her with any improvements Thereon (herein "Proper~y"). TO HAVE A/gL TO HOLD the Property, together with all and sln~dlar %he rights and appurtenances thereto ~n anywise belonging unto the Grantee, its successors and assigns forever, and Grantor does hereby t~nd ~tself and /ts successcrs and assigns to WAR~A~T ~N~ FOREVER 2. EFE!<D all and sin~alar the Property un%c the Grantee, i~s successers and assigns, agalnst every person whomsoever lawfully claiming or tc claim %he same or any part thereof, by, through and under Grantor but nol otherwise. This conveyance is made and accepted subject to those matters set forth on Exhibit "B" attached hereto and made a part herecf for all purposes, and %o 5he restrictions set forth on Exhibi~ "C" attached hereto and made a part hereof for all purposes. By acceptance of this conveyance and as part of the consideration therefor, Grantee, its successors and assigns, do covenant and agree and shall be obligated and bound to abide by and comply with each and every provision of said restrictions, which are covenants running with the Property. opEC:AL WAKR;_NTY DEED PHASE !-C /~-'~'/,~/~--- /.~ RESTRICTIONS 1. The Property shall be improved, occupied and used only as a public park primarily for use by residents of ~ne City of Coppell. It is agreed and understood, however, that the foregoing restrictions are not, and shall not be deemed to be, a dedication of the Property to the public. 2. 'The restrictions set forth above (the "Restrictions") shall affect all of the Property, shall run with the Property, and shall exist and be binding upon Grantee and all persons-claiming under Grantee for a period of fifty (50) years from the date of filing of this ccnveyance. The Restrictions are made solely for the benefit cf Grantor and are not intended to create mutual or reciprocal servitudes upon adjcmning land for the benefit of adjoining landowners. Grantor and Grantee, jointly but not severally, reserve unto themselves the right, from t:me to time without the joinder by any ad3oining landowner, to revoke or amend the Restrictions by written instrument duly acknowledged and recorded in the Deed Records of Dallas County, Texas. Grantee, its successors and assigns, shall not apply for any zoning change for al! or any part of the Property wi%hou~ first obtaining Gran~or's written consent thereto. Grantor shall have the right to enforce ~ne Restrictions by any proceeding at law or in e_cuity including, but not limited %o, the right to enjoin any a~tempted or actual vioiat~on of the Restrictions. EXECUTED ~JgDDEL!VEKED this__day of December, 1982'. THE PARKS OF COPPELL JOINT VENTURE II By: Michael R. Allen, Joint Venturer By: Glen A. Hinckley, Joint Venturer By: John B. Kidd, Joint Venturer THE STATE OF TEXAS § COb~TY OF DALLAS § This instrument was acknowledged before me on the__day of December, 1982 , by MICH,=EL R. ALLEN, a Join~ Venturer of THE PARKS OF COPPELL JOINT \TENTURE II, on behalf of said joint venture. No%ary PuDiic My com.~.ission expires: THE STATE O? TE>L%S § COUNTY OF DALLAS § This lns~rumenu was acknowledged before me on the__day of December, 1982, by GLEN A. H!NCKLEY, a Join% Ven%urer of THE PARKS OF COPPELL JOINT VENTURE Il, on behalf of said joint venture. Notary Public My co~u?..ission expires: SPECIAL WARRANTY DEED PHASE I-C THE STATE OF TEXAS § COUNTY OF DALLAS § This lns%rument was acknowledged before me on the __ day of December, 1982, by JOHN B. KIDD, a 3oin~ Venturer of THE PARKS OF COPPELL JOINT VENTURE II, on behalf of said joint venture. Notary Public My co.wumi s si on expl res: DEED PHASE ~-C EXHIBIT "B" PERMITTED EXCEPTIONS FOR PHASE I-C A. Rights nf the public and the State of Texas in and to the uninterrupted flow of lhe waters of the ~ttonwood Branch and all other cree~ and tra~rsing subJec~ proper~y; ~er, .cross and ~hrough proper~y ~o be sured. (~u~ through propertl, could affect ~11 ~rac~s of the property to be insured). B. ~semen~ in instr~ent dated Nov~ber i, 1938, filed Dec~ber 12, 1938 and recorded lu Volume 2109, page 163 ~ed Records, Dallas County, Te~s for electrical lines, etc and right-of-ray fr~ ~. ~. ~ea~t and ~fe, Belle ~eatt to.T P & L, Co. any. C. ~semen~ In t~r~e~ daled A~st 15, 1978. filed ~ril 13. 1979 mad re- corded In Volume 7907~, page ~ Deed Records, Dallas ~unty, Te~s for utility easement fr~ N. ~uglas ~ki~, T~stee to the City of ~pell. (~fects base l-~ only) EXHIBIT "A" PROPERTY DESCRIPTION FOR PHASE I - C PHASE ] - £ BOUNDARY DESCR] PT ] 0.q B[:;¢G a tract of land situated in the Claret:ca Squires Survey, Abstract No. 1327 in the City of Coppell, Dallas Count3, Te~.as and also being part of a ~ract of land as d~scrioed in eeeo from Gooo Fqnancial Corp. to ?.. Douglas Ad,.]ns, ,rustee, as recorded in Volume 76186, Page 2355 of the Deed Records of Dallas County, Texas and being more particularly described as follows: COF~iqENC]NE at a point of intersection of the west line of 'Denton lap Road (a variable width r~ght-of-way) with %he center]ina of Denton Creek, said point also being the most southerly southeast corner of a tract of land as des[riued b.v cued to gaol Lively recorded in Volume 426, Pace 5!0 of the Deed RecorOs .Sa'las County, Texas; Thence along said centerline of Denton Creek the follewi~:c . ~ ~e~, , 50 fe~ Thence I;.71°i1'23"~. 3"n OS ccurses ar;e distances, _.o~ ~o 37">:. .83 ..; , feet; Thence N.57:il'23"U., 272.00 feet; Thence N.27:iI'23"W., 339.70 feet ~o tr, e ~O]NT OF BEGINNING; ..~ ~= u."W., leaving said center!ina ef ~erton Ereek 853.25 fee~ to a poinl for corner; .m~N~E N.31°lO'Sl"V}., 631.66 fee~ to a F, eir, t for corner on the c-f saEc DentOrm Creek; ,~:E~CE alarm :r,e sa~d centeriine of Dentor. reel tV, e fc~icwine courses ~ ~:~o, - 37.22 feel; Thence S.~72i'23"E 211.75 feet' Thence dista'mceS~ _.~ ~ 23'~ ..... .... ~ '37 ~i · N.52=~Z'~?"E 1C2 5g fee~ Thence N.Z. ~9 "E. O0 fees Thence N.43°00'~''~ 19&.74 feet; Thence ti.6O~28'37"E., llg. OO feez; Thence S.77~01'23"E., 136.02 fees; TY. ence S.50=01'23"[., i70.00 ~eet; Thence S.37~1t'23"E., 2iG.20 fees %0 %:me 2eint of 5e~inninc and containing 8.843 acres of !and. - RESTRICTIONS 1. The Property shall be improved, occupied and used only as a public park primarily for use by residents of The City of Coppell. It is agreed and understood, however, that the foregoing restrictions are not, and shall not be deemed to be, a dedication of the Property to the public. 2. The restrictions set forth above (the "Restrictions") . shall affect all of the Property, shall run w/th the Property, and shall exist and be b~ndlng upon Grantee and all persons claiming under Grantee for a period of fifty (50) years from the date of of This conveyance. The 5estrictions are made solely-for the benefit o3 Gram%or and are not intended to create mutual or reciprocal serv:tudes upon adjoining land for the benefit of adjoining !andDwners. Grantor and Grantee, jcintly but not severally, reserve unto themselves the right, from time to time without the joinder by any adjoining landowner, to revoke or amend the Restrlctions by written instrument duly acknowledged and recorded dn the Deed Records of Dallas County, Texas. Grantee, its successors and assigns, shall not apply for any zoning change for all or any part of the Property w~thcu~~L__tmc obtaining, Grantor's written consent thereto. Grantor shall have the rlgh= %o enforce the Restrictions by any proceeding at law or ~n e~uity :ncluding, but not limited to, the right to enjoin any attempted or actual violation of the Restrictions.