Pecan Hollow-ES 910213 I~'~fUAL DRAINAC~ EAS~T
STATE OF
CC,[R~I~Z OF DAI
WITNES SETH:
WHE. P~TAS, ABQ FEDERAL SAVINGS BANK ("Cc~any") is the ~ner of
that certain land descritx_w.] J.n attached Exhibit "A" (the "Company
Site"); and
WHERF~AS, PECAN HOLLOW JOINT VE~ ("Venture") owns ~ahat certain
land described in attached EyJ~ibit "B" (the "Venture Site") which is
adjacent to a portion of the C(x~pany Site; and
WHEREAS, there presently exists on tJ~at portion of the Company
Site described in attached Exhibit "C" (the "Drainage Easement Area")
a linear park channel used for stoIm~, water draip~ge; and
~4FJREAS, tJae existing configuration and size of the linear park
channel located on the Company Site has been designed to carry the
storm water drainage for the Company Site, other lands owned by the
Company, and other lands not now owned ivy Company (collectively the
"Drainage Area" ); and
WHERE~B, Venture desires to utilize a portion of the Drainage
Easement Area to carry storm water drainage fr~n the Venture Site; and
W/~EREAS, Company is willing to grant Venture ~, easement over a
portion of the Drainage Easement Area for such purposes provided
Venture grants Company an easement over a portion of the Venture Site
in order to carry the cc~bined volumes of storm water generated by the
Drainage Area and the Venture Site; and
WHEREAS, Venture has agreed to grant Company an easement across a
portion of the Venture Site to facilitate storm water drainage frcm
the Drainage Area and the Venture Site;
NOW, THEREFORE, for and in consideration of the premises and of
the agreements contained herein, Venture add Company agree as follo~:s:
1. Grant.
A. Company hereby GRANTS ANN) CONVEYS to Venture, and
Venture ' s successors and assigns, a r. on-exclusive easement (the
"Company Easement") in, under, over, and across that portion of the
Drainage Easement Area (i) which runs contiguous to ~]d along Lots 1
through 16, Block C of the Pecan Hollow AJdition to the City of
Coppel!, Texas, accordin.c, to the plat thereof duly recorded in Volt,ne
-1-
90139, Page 2914, of the ~mal Property Records of Dallas County,
Texas, and (ii) which runs north/south contiguous to and along the
western boundary of Lots 1 through 13 of the Parkview ~Ldition to the
City of Coppell, Texas, according to the plat thereof duly recorded in
Volume 88051, Page 1944, of the Real Property P~cords of Dallas,
Co~unty, Texas, to the terminus of such Company Easc~nent at the south
line of Parkway Boulevard (an 88-foot right-of-way) (together
hereinafter referred to as the "Cc~pany Easement Area"). Said Company
Easement. Area is also shown as the "cross-hatched" area on Exhibit "D"
attached hereto.
B. Venture hereby GRANTS AND COk~v~EYS to Company, and
C~any' s successors and assigns, a non-exclusive easement (the
"Venture Easement") in, under, over, and across that portion of the
Venture Site consisting of a strip of land twenty-three feet (23') in
width and running contiguous to and along the northern property line
of Lots 1 through 16, Block C, of the Pecan Hollow Addition to the
City of Coppell, Texas, according to the plat thereof duly recorded in
Volume 90139, Page 2914, of the Real Property Records of Dallas
County, Texas (which said strip of land includes the 15-foot drainage
easement dedicated along Lots 1 through 10, Block C, in said Addition)
(the "Venture Eas~nent Area"). Said Venture Ease~nt Area is also
shown as the "cross-hatched" area on Exhibit "E" attached hereto.
2. Special Warranty.
A. Subject to the relocation rights described in paragraph
6 hereof ~ to those matters stated hereinafter, Company hereby binds
itself and Company's successors and assigns to ~RRANT AND FOREVER
DEFEND the Cc~pany Easement in, under, over, and across the Ccmpany
Easement Area unto Venture and Venture' s successors and assigns
against every party whc~soever lawfully claiming the same, or any part
thereof, by, through, or under Company, but not otherwise. Pr~:ided,
however, this conveyance is made st~ject to any and all ease~nents,
restrictions, covenants, conditions, or other matters, if any, relat-
ing to the Company Easement Area, to the extent they are still in
effect and shown of record in Dallas County, Texas.
B. Subject to those matters stated hereinafter, Venture
hereby binds itself and Venture's successors and assigns to %~RRAN~
AND FOREVER DEFEND the Venture Easement in, under, over, and across
the Venture Easement ~ea unto Company and Company's successors and
assigns against every t~rty whc~oever lawfully claiming the same, or
any part thereof, by, through, or under Venture, but not otherwise.
Provided, however, this conveyance is made subject to any and all
easements, restrictions, covenants, conditions, or other matters, if
any, relating to the Venture Easement Area, to the extent Chey are
still in effect and shown of record in Dallas County, Texas.
3. Use.
A. The Company Easen~nt and the Co~,.pany Easement Area may
be used by Venture and/or Venture's successors and assigns for: (i)
-2-
storm water drainage frc~ all or portions of the Ventur~ Site; and
(ii) the location, construction, reconstruction, alteration, mainte-
nance, repair, inspection, operation, and removal of any improvements
required by the City of Coppell, Texas (the "City") to facilitate or
improve storm water drainage from all or portions of the Venture Site
and/or the Drainage Area.
B. The Venture Easement and the Venture Easement ~ea may
be used by Conlpany and/or Contoany's succ~?ssors and assigns for: (i)
storm water drainage from all or portions of the Drainage Area; and
(ii) the location, relocation, construction, reconstruction,
alteration, maintenance, repair, inspection, operation, and re~val of
any improvements required by the City to facilitate or J]T~rove storm
water drainage from all or portions of the Venture Site and/or the
Drainage Area.
4. Reservation.
A. Con,any here~y reserves the right to: (i) grant other
easement rights in, under, over, and across the Contwany Easement Area
for any use which does not prevent the use for which the Con~any
Easement is granted; and (ii) use and make improvements to the Ccn~any
Easement Area for any purpose which does not prevent the use for which
the Company Easement is gr~ted.
B. Venture hereby reserves the right to: (i) grant other
easement rights in, under, over, and across the Venture Easement Area
for any use which does not prevent the use for which the Venture
Easement is granted; and (ii) use and make improvements to the Venture
Easement Area for any purpose which does not prevent the use for which
the Venture Easement is granted, but subject to the limitations and
conditions on improvements that are imposed by this Mutual Drainage
Easement.
5. Easement Improvements. Either Venture or Company shall have
the right to make any improvements required by the city to the venture
Easement Area and/or the Company Easement Area to facilitate or
improve storm water drainage from the Venture Site and/or the Drainage
Area. The cost ~]d expense of constructing any such easement
improvements shall be paid ~ the party causing the construction
thereof. In this regard, Venture also agrees to widen and excavate
the existing drainage channel in the C~,,p~ny Eas~nent Area and the
Venture Easement Area by widening the drainage channel bottom and
constructing a 4:1 sideslope on and along the south b~ of such
existing drainage channel. Such work shall be performed by Venture in
substantial compliance with the design indicated as (i) Alternative
No. 2 in the plans prepared by Dan M. Dowdey & Associates, entitled
"Channel Improvements North of Pecan Hollow Add'n, Coppell, Dallas
Co., Texas" dated 5~y 2, 1990, and revised M~y 4, 1990, and (ii) sheet
1 of 4 in the plans prepared by Dan M. Dowdey & ~sc~iates, entitled
"Lot Grading Plans - Pec~ Hollow Addition" dat~'! M~rch 1990. All
such widenin9 , excavation, and grading shall be at Venture's sole cost
and expense.
-3-
6. Relocation Rights. Comp~Lv shall have ~]~e right to relocate
all or any part of the Company Easement Area and all or any part of
any then existing easement improvements. Any such relocation is
expressly conditioned upon: (i) the substitution of a different area
of the Cc~mpany Site as the Company Eas~nent Area by Con~pany which will
provide the same or greater storm water drainage from all or portions
of the Venture Site and the Drainage Area as is provided by the
Company Easen~nt Area; (ii) the reconstruction by Company of ~u]y then
existing easement improvements necessitated by such relocation; ~]d
(iii) Company not taking any action to interfere with the existing
Company Easement Area and any then existing easement improvements
until the new Company Easement Area and reconst~]cted easement im-
prov~nents are ready to function. All costs of any such relocation
shall be paid by Cc~pany. Upon the substitution of a different area
of the C(~pany Site as the Company Easement Area by Cc~pany and the
c~letion of the reconstruction by Company of any then existing
easement improvements that are relocated, that portion of the Company
Site for which Company substituted a different area of the Company
Site as the Company Easement Area shall be deemed released from this
Mutual Drainage Easement, and Venture (or its successors and/or
assigns) agrees to execute and deliver to C~any an instrument
releasing such area frcm this 5~tual Drainage Easement if recR.~ested to
do so by Company (or its successors and/or assigns).
7. Improvements in Venture Easement Area. Except as provided
in paragraph 5 hereof and in this paragraph, Venture shall not
construct any building, fence, st~cture, or improvement of any kind
within the Venture Easement Area, nor shall Venture deposit, locate,
or place any fill within tP~ Venture Easement Area, since to do so
would constrict and/or impede the fl~ of storm drainage waters frc~
the Venture Site and the Drainage Area. Provided, however, Venture
may fill that portion of the Venture Easement Area which is located
south of and outside of the fifteen-foot (15') drainage easement
dedicated along the north property line of Lots 1 through 10, Block C,
of the Pecan Hollow Addition to the City of Coppell (the "Fill Area")
if, and only if, (i) a vertical concrete wall is constructed fifteen
feet (15') south of the north property line of the affected lot or
lots (being the south line of said dedicated drainage eas~nent), with
the bottcm of such wall being approximately one foot (1') above the
drainage channel bottom, and (ii) the area of the channel sideslope to
the north of such wall between the wall and the north property line of
the affected lot or lots is excavated to provide additional storm
water conveyance area to offset t/~e conveyance area lost due to the
filling behind (south of) such wall (collectively the "Fill Area
~brk"). A cross-section diagram indicating how such filling could be
permiss~]~ly accc~plished is attached hereto as F~hibit "F". All cost
and expense of any such Fill Area Work shall be paid by Venture, and
Company shall not have any obligation to reimburse Venture for all or
any portion of such cost and expe~se. Upon completion of the Fill
Area Work as provided herein, fences, structures, or improven'~nts may
be located within the Fill Area on each lot or lots upon which the
Fill Area Work has been cc~pleted.
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8. Enforcement. If Venture or Company breaches any of the
duties or obligations in~osed upon the applicable party ~x]er the
terms, provisions, conditions, cover~%nts, and agreemen%s contained
herein (tt~e applicable party, the "D~.faulting Party"), th~ other party
(the "Non-Defaulting Party") shall have the right to: (i) seek
injunctive relief to require the Defaulting Party to perfon, such
duties or obligations; (ii) seek compensation for damages arising or
resulting frc~, the failure of t]~e Defaulting Party to perform such
duties or obligations; (iii) cause such duties or obligations to t~.
performed in which event all sums expended by the Non-Defaulting Party
in causing such duties or obligations to be performed shall beccme a
d~r~nd obligation ~ed by the Defaulting Party to the Non-Defaulting
Party_ frc~ the dates such sums are expended by the Non-Defaulting
Party, shall bear interest at the lesser of the highest lawful con-
tractual rate of interest or eighteen percent (18%) per annum frc~ the
date expended by the Non-Defaulting Party until repaid by the Default-
ing Party, and shall be subject to collection by suit in any court of
cc~petent jurisdiction; or (iv) exercise all rights or remedies
otherwise available at law, ~n equity, or by statute. All rights and
remedies shall be cumulative and not exclusive. It is expressly
agreed that time. is of the essence in the performance of all ter~s,
provisions, conditions, covenants, ~-~ agreements contained herein.
In any legal or equitable proceeding for the enforce~nt of any of the
terms, provisions, conditions, covenants, or agreements contained
herein, or for damages for the breach of any of the terms, provisions,
conditions, covenants, or agreements contained herein, the losing
party shall pay the attorneys' fees and court costs of the prevailing
party.
9. Covenants Running With Land. As used herein, Venture means
and includes Venture and all subsequent parties who from ti~'~ to time
own or hold legal or equitable title to all or portions of the Venture
Site. As used herein, Company means and includes Cc~pany and all
subsequent parties who frc~ time to time own or hold legal or equita-
ble title to all or portions of the Company Site. The terms, pro-
visions, conditions, covenants, and agreements contain~ in this
Mutual Drainage Easement are covenants running with the land and shall
bind and inure to the benefit of Venture and Company and their respec-
tive heirs, devisees, personal representatives, successors, or assigns
who frcm time to time own or hold legal or equitable title to all or
portions of the Venture Site or the C~any Site.
10. Severability. If any term, provision, condition, covenant,
or agreement contained herein is held to be illegal, invalid, or
unenforceable, the legality, validity, and enforceability of the
remaining terms, provisions, conditions, covenants, and agreements
contained herein shall not be affected thereby, and in lieu of each
such illegal, invalid, or unenforceable term, provision, condition,
covenant, or agreement, there shall be added to this Mutual Drainage
Easement a legal, valid, and enforceable term, provision, condition,
covenant, or agreement as si~;~lar as possible to the term, provision,
condition, covenant, or agreement declared illegal, invalid, or
unenforceable.
-5-
11. NO Waiver. No waiver of any of the terms, provisions,
conditions, covenants, or agreements contained herein shall be effec-
tive unless in writing executed by the party for whose benefit ~e
applicable term, provision, condition, covenant, or agreement is
intended. No waiver of any term, provision, condition, covenant, or
agreement contained herein under a particular circ%~stance shall be
deemed a waiver of such term, provision, condition, covenant, or
agreement under a different circumstance.
12. Captions. The captions contained in this Mutual Drainage
Easement are for convenience only and shall in no way enlarge or limit
the scope or meaning of the various and several paragraphs hero, Df.
13. Gender. Within this Mutual Drainage Easement, words of any
gender shall be held and construed to include any other gender, and
words in the singular number shall be held and construed to include
the plural, and vice versa, unless the context otherwise requires.
14. Counterparts. This Mutual. Drainage Easen'~nt has been
executed in multiple counterparts, each of which shall be deemed an
original, and all of which shall constitute but one and the same
instrument.
15. Exhibits. All exhibits attached hereto are incorporated
herein by reference for all purposes %Vnerever reference is l~de to the
sam~.
16. Governing Law. This Mutual Drainage Easement shall be
governed by and construed in accordance with the laws of the State of
Texas, and Venture and Company both irrevocably agree that venue for
any disput~ involving this Mutual Drainage Easement shall be in any
court of cc~npetent jurisdiction in Dallas County, Texas.
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EX~C13T~D as of the 13th day of February , 199]..
COMPANY:
ABQ FEDERAL SAVINGS BANK
By: The Resolution Trust Corporation,
as Conservator for ABQ Federal
Savings Bank
Senior ~ice President of
ABQ Federal Savings Bank
and Under Delegation of
Authority frcm Charles C. Mann,
Managing Agent of
ABQ Federal Savings Bank,
acting under authority
of ~hat certain Delegation
of Authority dated
August 20, 1990, frcm
James D. Densmore,
Deputy Regional Director,
Western Region,
The Resolution Trust Corporation
PECAN HOLION JOINT VENTURE
Printed Name: barry R.
Authorized. Bus]lness Manager
-7-
STATE OF _NEW ~ICO
COUNTY OF B~ILLO
This instrument was acknowledged before me on the /l '~ day of
~,~,~ , 1991, by Stanley Strickman, Senior Vice President of
ABQ Federal Savings Bank and as the delegate of authority from Charles
C. Mann, Managing Agent of ABQ Federal Savings Bank, acting under
authority of that certain Delegation of Authority dated August 20,
1990, frcm James D. Densmore, Deputy Regional Director, Western
Region, The Resolution Trust Corporation.
~S~..~..~ ?.."~/:. OFFICIAL S~-A.[.
[5,'~.i;'.:t.¥_: ..:l. EDNA PACHECO Notary Public, State of ~ MEXICO
z-t~..~:~.'.:?:..'....", NOTARY PUBL,C - Si.'\TE 0,- NE',;' r'.'IEXlCO
¢ ' -~'~?--¢'-~ N0tar~ Bo~;d Pd,;d with Secl~;~ary (~ State
~k?:,~ Printed Name:
~ My Commission Expires My Cu:,:,~ssion Expires: ~¢ k ~ I~/fl
STATE OF TEXAS
COUN%mf OF DAT.TAS
This instrument was acknowledged before me on the ]13th day of
February , 1991, by Larry R. Taylor ,Business ManageTon behalf
of Pecan Hollow Joint Venture, a Texas Joint Venture.
MARIE ALDRIDGE Notary Public, State of Texas
..... My Cumission Expires: il- __l. 'S'
WHEN RECORDED, RETURN TO:
JAMES W. SCHET,T,
POPE, HARDWICKE, Chq{I. STIE,
HARtke.T., SC~.T, & KELLY
901 Fort Worth Club Building
306 West 7th Street
Fort Worth, Texas 76102-4900
25.Sl
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EXPLANATION OF DEFIN}~ TERMS AND EXhiBITS
1. The Cc~pany Site shall be all of the 66.6453-acre tract of land
purchased by Company save and except the land sold to Feller and
the land sold to Mike Allen.
2. Exhibit "B", the Vent~zre Site, is the Pecan Ho]_l.~, subdivis~..on as
platted.
3. Exhibit "C", the Drainage F~sen~nt Area, is the entire drainage
easement and liner park channel as described in our. purchase
documents.
4. The Drainage Area is the Comp~%y Site and other lands ~.~ed by
the C .c~pany and other lands not now owned by the Cc~pany %hat has
stoz~ water flowing off of them into the Drainage Easement Area.
5. The C~,~any Easement Area is that portion of the Drainage
Easement Area that is contiguous to Lots 1 through 16 of the
Pecan Hollc~ Addition ~%¢] the northern turn of the drainage
channel which runs up ~o the south line of Park~ay Boulevard.
6. The Venture Easement Area is the northeast twenty-three feet
(23') of Lots 1 through 16 in the Peck] Hollow Addition.
7. The Fill Area is that portion of the Venture Easement Area which
is located south of and outside of the fifteen-foot (15')
drainage easement dedicated along ~e north property line of Lots
1 through 10.
8. The Fill Area Work consists of constructing the vertical concrete
wall at the south boundary line of the fifteen-foot (15')
dedicated drainage easement and excavating to the north of such
concrete wall. This Work can be accc~plished on Lots 1 through
10, ~d a cross-section indicating such Work is attached as
Exhibit "F".
35.Sl
EXHIBIT "A"
Page 1 of 5
BEING a 34.931 acre tract of land situated in the Clarinda Squires Survey, Abstract
No. 1327, the S.A. ~ N.G.R.R. Survey, Abstract NO. 1430 and the Sibered Henderson
Survey. Abstract No. 629 in the County of Dallas, Texas and being a portion of that
certain tract of land as described in deed from Good Financial Corp. to N. Douglas
Adkins, Trustee, as recorded in Volume 76188, page 2355 in the Deed Records of Dallas
County, Texas and being sore particularly described as follows:
COI~ENCING at the southwest corner of a tract of land deeded to Ruth Perkins as
recorded in Volume 69241, Page 459 of the Deed Records of Dallas County, Texas,
said corner being on the north line of Sandy Lake Road (& variable width R.O.#.);
Thence North 01*22'49" Nest, &long the west line of said Perkins tract, a distance
of 620.89 feet to the POINT OF BEGINNING;
THENCE North 01'22'49" Nest, a distance of 2084.13 feet to an iron rod at the
beginning of , curve to the left;
THENCE in a northwesterly direction along said curve to the left h~ving a radius
of 209.09 feet, , central angle of 29*$8'22", , tangent length of 55.97 feet, and
an arc length of 109.38 feet to an iron rod at the end of curve to the left, said
point being on the southerly line of Parkway Boulevard (an 88 foot R.O.#.) as recorded
in Volume 84040, page 3023 of the Deed Records of Dallas County, Texas;
THENCE North 55"38'49" E~st, along the northerly line of said Parkway Boulevard,
a distance of 422.54 feet to an iron rod at the beginning of a curve to the right;
THENCE in , northeasterly and easterly direction along the southerly line of said
Parkway Boulevard and said curve to the right having a radius of 2156.00 feet, a
central angle of 30°35'31'', , tangent length of 589.65 feet and an arc length of
1151.15 feet to an iron rod at the end of said curve to the right, said point being
the northwest corner of Future Parkview Addit£on, unrecorded;
THENCE South 00'56'25" E~st, along the west line of Puture Parkview Addition for
· distance of 646.78 feet to an iron rod at the sost westerly southwest corner of
said Puture Parkviev Addition;
THENCE North 89'03'35" Elsa, along the south boundary line of said Future Parkview
Addition for a distance of 250.00 feet to an iron rod at the beginning of a curve
to the right havinl · central angle of 14'29'32; a radius of 435.00 feet and a tangent
length of 55.31 fee~;
THENCE Southeasterly, continuing along said south boundary line of said Future
Parkview Addition and along said curve for an arc length of 110.03 feet to an iron
rod at the point of reverse curvature to the left, said curve having a central angle
of 05'49"42", , radius of 665.00 feet and a tangent lenjth of 33.85 feet;
THENCE Southeasterly, continuing alon~ said south boundary line of said ~uture
Parkview Addition and alon~ said curve for an--arc length of 67.65 feet to an iron
rod at the end of said curve;
THENCE South 00*$6'25" East for a distance of 22.59 feet to an iron rod at the sost
southerly southwest corner of said Future Parkview Addition, said iron rod also
lying on the abstract line separating said abstract 1327 from said abstract 629,
said abstract line also beane the north line of a tract of land deeded to J & E
Company, Inc. as recorded in ¥oltme 79009, P~Ee 0433 in the Deed Records of Dallas
County, Tex~s;
THENCE South 89'03'35" West alone said abstract line and said north line of said
J t E Co~ny tract a distance of 1148.91 feet to an iron r~ ~t the northwest corner
of said J ~ E Con. ny tract;
~CE South 01'04'16" East leaving said abstract line and along the ~est line of
said J { E Core. ny tract for a distance of 1419,81 feet to an iron r~ at the
southwest corner of said J ~ E tom.ny tract;
~CE North 1~'34'~4" ~ast alonl said south line of said J [ t C~n~ ~ract for
a distance of 6~8.~9 feet to an iron rod at the northwest co.er of a tract of land
deeded to John H. Bu~s, Jr. as recorded in Vol~e 2143, Pale 595 in the Deed Records
of Dallas Cowry, Te~s;
~CE South 00'51'03'' West aloni lhe west line of said Burns tract for a distance
of 115~.29 feet ~o an iron rod on the north R.O.W. line of Sandy Lake Road (a variable
width R.O.W.);
~CE South 88'28'22" ~est alonI said north R.O.W. line of said Sand~ Lake Road
a distance of 677.68 feet to an iron rod at the southeas= corner of a tract of land
deeded to Shirley ~rpold as recorded in Vol~e 77116, Pale 627 in the Deed Records
of Dallas Cowry, Te~s;
~CE North 01'5~'52" East leavinI said north line of Sandy Lake Road, alonl ~he
east line of said ~rpold tract for a distance of 564.07 feet to ~ iron rod at
the northeast corner of said Harold tract;
~CE South 89'S1'14" West, aloni the north line of said Harold tract and the
north line of said Perkins tract, for a distance of 6~0.05 feet ~o ~he POINT O~
BEGINNING and containini 2,90~,071 square feet, or 66.6453 acres of lan~.
EXHIBIT "A"
Page 2 of 5
PARCEL 1':
~nve~ed to A~ ~veZo~ent Cor~ora~on ~n ~Z~ 88~0~, Page 2~2~
~sc~d b/ ~tes and ~ds as fo~ ' . '
' ~GZ~ at · 312" ~n ~d 1y1~ Jn ~ ~h r~t~t~y.~
~u~e~rd (~n 88 foot '~19ht~r-~yL. sald ~lnt ~1~ ~ a ~,
. ~d ~a~l~ 9t S 87° ~9' JS" I 92.88 f~t f~ a JI2"
~th,est ~r~t or Lot 1, ~o~ 4, ~rkvl~ A~on ~ ~e ~ty or
- ~eco~d In Vol~ 88081, Page 1~ ot the ~ed Re~tds of
". Texas, and'~e ~st ~th~ ~t~st ~t~ or ~
.M v~ o~ent ~pota Uon
~ lIo~ ~e West and ~tth ~M Or ~e ~1 dtalM~l eas~t ~~d
Jn ~ 8810~, Paoe ~4J Of ~e ~ed'Re~tds, ~las ~ty, T~as, ~S
e
J. S 03' ~' 05" E 2.55 f~t ~ I J/2"~ ~;
2. S OJ~ ~' 'J~" W ~.82 f~t ~ I J/2' 1~ ~;
. ]. S OJ' DJ' J~" W J~.~8 feet ~ · 1/2' l~n ~; .
~. S 05· ~' 38' W at 94.4~ feet ~s~ a ~2' l~n ~ In 411 9~.82
feet ~ · ~lnt;
~. S 1~' 59' 26" W ~.37 f~t ~ m ~nt;
8. 5 86' 5~' 59" W 47.~ feet ~ · ~lnt;
9..: S 88" ~' ~" · ~.07 lift ~ m
JO, $ 88~ 58' 22' W 12d.]l f~t ~ I
11. S 680 J$' ~' · 202.~ f~t ~ m ~lnt;
T~ N ~o ~, 5~" W 571.14 f~t ~part/~ ~e ~rth 11~ or Mid m~l
dral~oe ea~ent ~ m 1/2" ~n ~O 2y1~ Jn ~e So~h ~ID~f-~Y of ~e
a~o~e~ld ~at~ay
~adlus of 215g.00 feet, a cent~aJ a~le or ll* 36' 44", I ~rd ~arl~
N ~0· S6' ~2" E 4~6.21 feet to T~ ~a~ ~ ~GI~ and ~nt~
mc~es (2~a,JD2 ~mre feet) o~ land. .
EXHIBIT "A"
Page 3 of 5
PARCEL 2:
8EI,'~G 17.~09 acres of lano located in the $IBERED HENDERSON SURVEY, ~qbstract ,~o. 62~,
Oallas County, Texas, and Oeing a ~rtion of the 66.6453 acre ~act of land conveye~
~o A8~ Develo~enC Corporation dy the deed recorded in Volume 88103, Page 2326 of ~.~e
DeeO Records of Dallas County, Texas. 5aid 17.~09 acres of lano being more
particularly described by metes and bounds, as follo~s:
BEGI~NG a~ a ~/2" iron rod lying .in the North right-of-way llne of 5ahoy Lake
Road, and being the mos~ 5ouCherly 5ou~heast corner of the aforesaid
Oevelo~en~ Corporation T:ac~;
THENCE 5 88° 25' 50" w 678.32 feel along ~he North right-or-,ay llne
5andy Lake Roao ~oa I/2" i;on rod a~ ~he 5outneasC corner of ~,~e
conveyeO ~o George A. Chadirk and Hall~e R. Chadlck, recorded :n Volume 8220~,
Page 1276 of ~he Deed Records of Dallas County, Texas;
THENCE N Olo 55' 24" E 56a.5~ feel along ~he Eas~ ~ine of sald Chaoick Trac~ ~o a ~/2" iron :od a~ ~he Nor~.~east co:ne: ~hereof;
THE~E NORTHEASTERLY 96.68 fee~ along a curve to ~he Right, having a
radius of 370.00 feeC, a cenCral angle of 1~o 58' 14" and a chore bearlng
N 09° 24' 31" E 96.~0 fee~ ~o a ~/2" ~ron rod a~ the end of said curve eno the
beglnning of a curve to the Left;
THE~E ~RTHEA5TERLY 103.83 fee~ along said curve ~o ~he Left, havlng a
radlus of 370.00 feeL, a cenLral angle of ~6o 04' 44" and a chord
N 08~ 5~' ~7" E 103.49 feet ~o a ~/2" iron rod at the end of said curve;
THENCE N O0o 48' 55" E 394.22 fee~ ~oa 1/2" ]:on ~d a~ ~he 5outhwes~ corner
of a t:ac~ of land conveyed ~o TW L1quldating Corpora~1on, recorded in Vol~e
89030, Page 5225 of the Deed Records of Dallas County, Texas;
THENCE N 88° 33' 0~" E 638.43 feet along the co,on boundary llne of said TW
Liquldating Corporation and the aforesaid A~ Oevelo~ent Corporation T:ac~s
a 3/4" iron rod found a~ Lhe Nor~h~es~ corner of a ~rac~ of land conveyed
Joe w. Oimock, recorded in Vol~e 85~74, Page 1330 of ~De Deed Records
~llas County, Texas;
THE~E 5 O0~ 48' 55" W 1153.43 fee~ along ~he Ees~ llne of 5a~d Joe W. Dimock
Trac~ and ~he We5~ line of ~e ~:acL of land conveyed ~o 3ohn R. 8urns and
Evelyn Burns by the deed recorded in Volume 87133, Page 786 or the Deed
Records, Dallas County, Texas, and ~he East llne of ~he aforesald
Develo~ent Corporatlon 'TracL ~o THE PLACE OF BEGINNING, con~a~nlng 17.409
ac:es (758,345 square fee~) of land, ~i~h 0.389 acres (16,952 square fee~)
lying in the proposed 25-foo~ future dedication for 5andy Lake Road, leavlng
~7.020 acres (741,3~3 square feet) of land ne~.
EXHIBIT "A"
Page 4 of 5
PARCEL 3:
BEING 8.462 acres of land located in the $IaERED HENOER$ON SURVEY, AOs~ract NO. 629,
Dallas County, Texas, and being a portion of the 66.6~53 acre ~rac~ of land conveyed
to AB~ Development Corporation by the geed recorded in Volume 85103, Page 2326 of ~ne
Deed Records of Dallas County, Texas. Said 8.462 acres of land oeing more
particularly described by metes and bounds, as follows:
BEGINNING at a 1/2" iron rog lying in the East right-of-way line of pro~oseo Hear~z
Road, lying N 89° 49' 09" E 30.01 feet from the most Westerly $outhwes~ corner
of t,he aforesaid ~B~ Development Corporation Tract;
THENCE N 01° 23' 26" W 519.69 feet along the East right-of-way line of said
proposed Heartz Road to a 1/2" iron rod for a corner;
THENCE S 89° 56' 21" f 167.77 feet to a 1/2" iron rod for a corner;
THENCE N 220 0~' 59" E 92.91 feet to a i/2" iron rod for a corner;
THENCE N 89° ~9' 09" f ~46.78 feet to a 1/2" iron rod set in the East line of
a tract of land conveyed to T~ Liquidating Corporation, recorded in Volume
89030, Page 5225 of the Deed Records of Dallas County, Texas;
THENCE S 01e 05' 24" E 13.43 feet to a 1/2" iron rod at the Southwest corner
of the aforesaid TW Liquidating Corporation Tract;
THENCE 5 O0~ ~8' 55" W 394.22 feet to a 112" iron rod at the beginning of a
curve to the Right;
THENCE SOUTHWESTERLY 103.83 feet along said curve to the Right, having a
radius of ~70.00 feet, a central angle of 16~ 0~' 44" and a chord bearing
5 08~ 51' 17" W 103.49 feet to a 1/2" iron rod at the end of said curve, and
the beginning of a curve to the Left;
THENCE 50UTH~ESTERLY 96.68 feet along said curve to the Left, having a
radius of 370.00 feet, a central angle of 14° 58' 14" and a chord bearing
S 09~ 24' 31" W 96.~0 feet to a 1/2" iron rod at the end of said curve, and
being the Northeast corner of a tract of land conveyed to George A. Chadick and
Hallie R. Chadlck, recorded in Volume 82201, Page 1276 of the Deed Records of
Oallas County, Texas;
THENCE 5 89~ 49' 09" W 599.83 feet along the North line of the aforesaid
George ~. Chadick Tract,. and the North line of the tract of land conveyed to
Ruth Perkins by the deed recorded in Volume 6924I, Page ~59 of the Deed Records
of Dallas County, Texas to THE PLACE OF BEGINNING, containing 8.462 acres
(368,607 square feet] of land.
EXHIBIT "A"
Page 5 of 5
BEING a tract of land situated in the Clarinda Squires Survey, Abstract No. 1327
and the Sib~red Henderson Survey, Abstract No. 629 in the City of Coppoll, Dallas
County, Tex~s ·nd being a portion of that certain tract of land as described in
deed from Good Financial Corp. to H. Douglas Adkins, Trustee, ·s recorded in ¥olu~e
76188, Page 2355 in the Deed Records of Dallas County, Texas and b~ing more
l~rticularly described as follows:
CO~g~ENCING at the southwest corner of · tract of land deeded to Ruth Perkins
as recorded in Volume 69241, P&ge 4S9 of the Deed Records of Dallas County, Texas,
said point also being on the north line of Sandy Lake Road (a variable width
right-o£-way); Thence North 1'22'49" West, 1216.70 feet leaving the said north line
of Sandy Lake Road to the POINT OF BEGINNING;
THENCE North 1'22'49" West, 7.79 feet to a point for corner;
TH£NCE North 88'01'14" Mst° 3S.S9 feet to a point for corner;
TH£NCE North 23'36'27' £ast, 95.31 feet to a point for corner;
THENCE North 35'26'$1" Mst, 18.75 feet to · point for corner;
TH£NCE North 60*39'24" West, 28.49 feet to a point for corner;
TH£NCE North 20*06'02" ~est, 47.S~ feet to · point for corner;
TH£NCE North 3'39'15" West, 68.27 feet to · point for corner;
TH£NCE North 2'05'21" West, 127.20 feet to a point for corner;
TH£NCE North 0*09'2?" West, 131.01 feet to · point for corner;
TH£NC£ North 2'18'S9" West, 127.g3 feet to · point for corner;
TH£NCE North 1'03'09" West, 134.97 feet to a point for corner;
THENCE North 1'06'27" West, 12S.36 feet to a point for corner;
TH~-NCE North 1'37'31" West° 157.49 feet to a point for corner;
TH£NCE North 7'13'29" £ast, 44.96 feet to · point for corner;
TH£NCE North 45'2S'27" £ast, 39.77 feet to · point for corner;
THENCE North S7'21'20" ~st, 104.20 feet to a point for corner;
TH£NCE North 58*08'48" ~ast, 122.35 feet to a point for corner;
TH~.NCE North S7'21'~8" £·st, 141.41 feet to a point for corner;
TH£NCE North 61'0S'34" £ast, 118.44 feet to ~ point for corner;
THENCE North S$'33'44" Mst, 108.30 feet to a point for corner;
THENCE North 62*56'25" Mst, 69.42 f~et to a point for corner;
TH~CE North 75*26'26" Mst, 48.24 feet to a point for corner;
THENCE No. rth 86'14'02" Mst, 70.93 feet to · point for corner;
THENCE North B7'$S'03" Mst, 118.29 feet to a point for corner;
TH~CE North B8'$7'16" Mst, 121.50 feet to a point for corner;
THENCE North 88*59'40" Mst, 124.31 feet to a point for corner;
TH~CE North 88'31'31" E~st, 130.07 feet to · point for corner;
TH£NCE North B6'5S'17' ~st, 47.53 feet to a point for corner;
THENCI~ North 19~$9'26" Mst, 29.37 feet to · point for corner;
TH£NCE North $*57'56" £ast, 95.82 feet to a point for corner;
TH£NCE North $*22'40" West, 144.35 feet to · point for corner;
TH£NCE North 2'36'12" East, 124.02 feet to · point for corner;
TH£NCE North 3'06'37' £ast, 113.98 feet to a point for corner;
THENCE North 3"10'34" £ast, 123.82 feet to · point for corner;
TH£NCE North 3'13'47" West, 2.S$ feet to ·point for corner on the south line
of Parkway Boulevard (an 88 foot right-o£-way)° said point also being in a curve
to the right running in · westerly direction ~d having · central angle of 2*28'07"
· radius of 2156.00 feet and & tangent bearin~ of North
EXHIBIT "C"
Page 1 of 2
THENCE along said curve, and along the said south line of Parkway Boulev&rd,
92.89 feet to the end of said curve;
THENCE South 0*56'25" East, 646.78 feet leaving the said south line of Parkway
Boulevard to a point for corner;--
THENCE North 89003'3S" East, 230.00 feet to the beginning of a curve to the right
having a centr&l angle of 14'29'32" and a radius of 43S.00 feet;
THENCE along said curve 110.03 feet to the end of said curve, and to the beginning
of a curve to the left having a central angle of 5049'42'' and a radius of 66S.00
feet;
THENCE along said curve 67.65 feet to the end of said curve;
THENCE South 0°56'2S'' East, 22.59 feet to a point for corner;
THENCE South 89003'35" West, 1148.91 feet to a point for corner;
THENCE South 1°04'16'' East, 12.73 feet to a point for corner;
THENCE South 75026'26'' West, 20.26 feet to a point for corner;
THENCE South 62052'47'. West, 155.19 feet to a point for corner;
THENCE South 55°29'13'' West, 155.38 feet to a point for corner;
THENCE South $7'55'31" West, 111.78 feet to a point for corner;
THENCE South 60042'20'. West, 112.70 feet to a point for corner;
THENCE South 58007'58'' West, 87.57 feet to a point for corner;
THENCE South 32*50'30" West, 45.01 feet to a point for corner;
THENCE South 1°05'13" East, 55.95 feet to a point for corner;
THENCE South 1059'15'' East, 98.68 feet to a point for corner;
THENCE South 1°54'22'' East, 125.21 feet to'a point for corner;
THENCE South 2037'08'' East, 137.73 feet to a point for corner;
THENCE South 3033'37'' East, 129.34 feet to a point for corner;
THENCE South 0°17'35'' West, 151.96 feet to a point for corner;
THENCE South 0023'29'' East, 124.67 feet to a point for corner;
THENCE South 0*4S'27"'West, 65.98 feet to a point for corner;
THENCE South 3040'35'' East, 20.97 feet to a point for corner;
THENCE South 82029'44" East, 71.27 feet to a point for corner;
THENCE South 38'31'14" East, 123.95 feet to a point for corner;
THENCE South 22°06'17" West, 132.00 feet to a point for corner;
THENCE Norzh 89055'03" Wesz., 122.47 feet ~o a point for corner;
THENCE North 8020'33'' West, 79.77 feet to a point for corner;
THENCE North 89'23'$9" West, 29.24 feet to a point for corner;
THENCE Sou~h 85019'26'' West, 36.73 feet to the POINT OF BEGINNING and containing
6.1336 acres (267,178 square feet) of land.
EXHIBIT "C"
Page 2 of 2
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EXHIBIT D
COMPANY EASEMENT AREA
CITY OF COPPELL, TEXAS
~'~ z ZOO' Prepared By:
dP Jerry Parch. Consult. lng Engineers
320 ~T/estway Place · Suite 50! Arlington, Texas 76018
Metro 18171 467-2418 · (817) 465-0259
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EXHIBIT D
COMPANY EASEMENT AREA
iCITY OF COPPELL, TEXAS
~" = ~00' Prepared By:
dpJerry Parch6 Consulting Engineers
320 ~Vestway Place · Suite 501 · Arlington, Texas 76018
Metro 1817) 467-2418 · (817~ 465-0259