Parks Coppell ABQ-ES 880526
THE STATE OF TEXAS
§ MUTUAL DRAINAGE EASEMENT
COUNTY OF DALLAS §
A ~ 1. £~0 DEED
W I T N E S S E T H : ?74.7 2
WHEREAS, on the date hereof, The Parks of Coppell Joint
Venture II ("Venture"), a Texas joint venture, has sold and
conveyed to ABQ Development Corporation ("Company"), a New
Mexico corporation, that certain land described in attached
Exhibit A (the "Company Site"); and
WHEREAS, Venture owns that certain land described in
attached Exhibit B (the "Town Center Site") which is adjacent
to a portion of the Company Site; and
WHEREAS, there presently exists on that portion of the
Company Site described in attached Exhibit C (the "Company
Easement Area") a linear park channel used for storm water
drainage; and
WHEREAS, there presently exists on that portion of the Town
Center Site described in attached Exhibit D (the "Venture
Easement Area") a linear park channel used for storm water
drainage; and
WHEREAS, the existing configuration and size of the linear
park channel located on the Town Center Site and the Company
Site has been designed so that the storm water drainage systems
for the Town Center Site and the Company Site are
interdependent; and
WHEREAS, as a material inducement to Venture to sell and
convey the Company Site to Company and to Company to purchase
and accept the Company Site from Venture, Venture and Company
agreed to enter into this Mutual Drainage Easement;
NOW, THEREFORE, for and in consideration of the premises
and of the agreements contained herein, Venture and Company
agree as follows:
1. Grant.
A. Company hereby GRANTS AND CONVEYS to Venture, and
Venture's successors and assigns, a non-exclusive easement
(the "Company Easement") in, under, over and across the
Company Easement Area.
88103
B. Venture hereby GRANTS AND CONVEYS to Company, and
Company's successors and assigns, a non-exclusive easement
(the "Venture Easement") in, under, over and across the
Venture Easement Area.
2. Special Warranty.
A. Subject to the relocation rights described in
subparagraph A of paragraph 6 hereof and to those matters
described in attached Exhibit E, Company hereby binds
itself and Company's successors and assigns to WARRANT AND
FOREVER DEFEND the Company Easement in, under, over and
across the Company Easement Area unto Venture and Venture's
successors and assigns against every party whomsoever
lawfully claiming the same, or any part thereof, by,
through or under Company, but not otherwise.
B. Subject to the relocation rights described in
subparagraph B of paragraph 6 hereof and to those matters
described in attached Exhibit F, Venture hereby binds
itself and Venture's successors and assigns to WARRANT AND
FOREVER DEFEND the Venture Easement in, under, over and
across the Venture Easement Area unto Company and Company's
successors and assigns against every party whomsoever
lawfully claiming the same, or any part thereof, by,
through or under Venture, but not otherwise.
3. Use.
A. The Company Easement and the Company Easement
Area may be used by Venture and/or Venture's successors and
assigns for: (i) storm water drainage from all or portions
of the Town Center Site; and (ii) the location, relocation,
construction, reconstruction, alteration, .alair~enance~_
repair, inspection, operation and removal of any
improvements required by the- Ci~y~.t~O f. aci!ita~9__~ improve
Mto~'m' water d-falnage from a-l-i or portions of the Town
Center Site and/or the Company Site.
B. The Venture Easement and the Venture Easement -m'
Area may be used by Company and/or Company's successors and c~
assigns for: (i) storm water drainage from all or portions c~4
of the Company Site; and (ii) the location, relocation,
construction, reconstruction, alteration, maintenance, c~
repair, inspection, operation and removal of any CD
improvements required by the City to facilitate or improve ~
storm water drainage from all or portions of the Company GO
Site and/or the Town Center Site. cO
4. Reservation.
A. Company hereby reserves the right to: (i) grant
other easement rights in, under, over and across the
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Company. Easement A£ea for any use which does not prevent or
make more expensive the use for which the Company Easement
is granted; and (ii) use and make improvements to the
Company Easement Area for any purpose which does not
prevent or make more expensive the use for which the
Company Easement is granted.
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 or
make more expensive 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 or make more expensive the use for which the
Venture Easement is granted.
5. Easement Improvements. Either Venture or ~omDany
shall have the right to make any improvements .... requited by the
City to the Venture Easement Area and/or the Company Easement
Area to facilitate or improve storm water drainage from the
Town Center Site and/or the Company Site. The costs to
construct any easement improvements shall be paid by the party
causing the construction thereof- (the "Easement Improvement
Constructor"), but if the other party's (the "Other Party")
site has not been platted and all improvements to the
applicable easement area (the Venture Easement Area or the
Company Easement Area) required by the City have not been
completed and accepted by the City prior to the construction of
the applicable easement improvements, the Other Party shall
reimburse the Easement Improvement Constructor for the Basic
Costs in cash on that date which is the later of: (i) sixty
(60) days after the date of the completion of the applicable
easement improvand all improvements to the applicable easement
area (the Venture Easement Area or the Company Easement Area)
required by the City ements; (ii) forty-five (45) days after
the Other Party has received copies of construction contracts,
invoices, statements and other evidence reasonably necessary to
establish the amount of the Basic Costs and the full payment
thereof; or (iii) ninety (90) days after all or any part of the
site owned by the Other Party has been platted. If the Other
Party's site has been platted and all improvements to the
applicable easement area (the Venture Easement Area or the
Company Easement Area) required by the City have been completed
and accepted by the City prior to the construction of the
applicable easement improvements, the Other Party shall not
have any obligation to reimburse the Easement Improvement
Constructor for the Basic Costs. As used herein, "Basic Costs"
means the minimum costs necessary to construct the improvements
required by the City on the Other Party's site, but all
easement improvements constructed shall contain sufficient
capacity to allow the development of both the Town Center Site
and the Company Site to the maximum densities permitted under
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the zoning designations applicable to the Town Center Site and
the Company Site on the date of this Mutual Drainage Easement.
Basic Costs shall not include supervision and/or overhead costs
of the Easement Improvement Constructor nor, unless approved by
the Other Party in writing, shall Basic Costs include items
such as landscaping or other improvements not required by the
City. Basic Costs shall be established by the Easement
Improvement Constructor obtaining a separate bid or contract
covering only the costs to construct the improvements required
by the City on the Other Party's site. The Easement
Improvement Constructor ~shall obtain at least three (3)
competitive bids from three (3) different contractors for the
construction of the improvements required by the City on the
Other Party's site, and the Easement Improvement Constructor
shall accept the lowest bid unless the Other Party approves the
acceptance of a higher bid in writing. Both Venture and
Company agree to deliver to the other copies (including all
engineering information) of any plats filed with the City on
each party's site concurrently with any such filing with the
City.
6. Relocation Riqhts.
A. Company shall have the 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 Company Site as the
Company Easement Area by Company which will provide the
same or greater storm water drainage from all or portions
of the Town Center Site and/or the Company Site as is
provided by the Company Easement Area described in attached
Exhibit C; (ii) the reconstruction by Company of any then
existing easement improvements necessitated by such
relocation; and (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 reconstructed easement improvements are
ready to function. All costs of any such relocation shall
be paid by Company, and Venture shall not have any
obligation to reimburse Company for any portion of such
relocation costs under the provisions of paragraph 5
hereof. Upon the substitution of a different area of the
Company Site as the Company Easement Area by Company and
the completion 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 agrees to execute and deliver to
Company an instrument releasing such area from this Mutual
Drainage Easement if requested to so by Company.
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B. Venture shall have the right to relocate all or
any part of the Venture 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 Town Center Site as
the Venture Easement Area by Venture which will provide the
same or greater storm water drainage from all or portions
of the Company Site and/or the Town Center Site as is
provided by the Venture Easement Area described in attached
Exhibit D; (ii) the reconstruction by Venture of any then
existing easement improvements necessitated by such
relocation; and (iii) Venture not taking any action to
interfere with the existing Venture Easement Area and any
then existing easement improvements until the new Venture
Easement Area and reconstructed easement improvements are
ready to function. All costs of any such relocation shall
be paid by Venture, and Company shall not have any
obligation to reimburse Venture for any portion of such
relocation costs under the provisions of paragraph 5
hereof. Upon the substitution of a different area of the
Town Center Site as the Venture Easement Area by Venture
and the completion of the reconstruction by Venture of any
then existing easement improvements that are relocated,
that portion of the Town Center Site for which Venture
substituted a different area of the Town Center Site as the
Venture Easement Area shall be deemed released from this
Mutual Drainage Easement, and Company agrees to execute and
deliver to Venture an instrument releasing such area from
this Mutual Drainage Easement if requested to so by Venture.
7. Linear Park Improvements. Except as provided in
paragraphs 5 and 6 hereof, Venture and Company agree that each
party is responsible for the costs of constructing any
improvements to the proposed linear park system located upon
the applicable party's own site, including, without limitation,
all drainage system improvements. All such construction shall
be performed without material deviation from plans and
specifications therefor to be approved by the City. Venture
and Company hereby acknowledge that the existing configuration
and size of the linear park channel has been designed so that 07
the drainage systems for the Company Site and the Town Center ~
Site are interdependent. Consequently, Venture and Company (~.
each agree that, without the prior written consent of the other ~
party, no easement shall be granted and no improvements to the
linear park system on the applicable party's site will be
constructed in any manner which will increase the amount of ~
land area required for drainage or drainage easements on the _
other party's site; provided, however, nothing herein is O
intended or shall be construed to limit, inhibit or restrict C
Venture's right to develop the Town Center Site to its maximum
permitted density under current zoning ordinances or to limit,
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inhibit or restrict Company's right to develop the Company Site
to its maximum permitted density under current zoning
ordinances.
8. Enforcement. If Venture or Company breaches any of
the duties or obligations imposed upon the applicable party
under the terms, provisions, conditions, covenants and
agreements contained herein (the applicable party, the
"Defaulting Party"), the other party (the "Non-Defaulting
Party") shall have the right to: (i) seek injunctive relief to
require the Defaulting Party to perform such duties or
obligations; (ii) seek compensation for damages arising or
resulting from the failure of the Defaulting Party to perform
such duties or obligations; (iii) cause such duties or
obligations to be performed in which event all sums expended by
the Non-Defaulting Party in causing such duties or obligations
to be performed shall become a demand obligation owed by the
Defaulting Party to the Non-Defaulting Party from the dates
such sums are expended by the Non-Defaulting Party, shall bear
interest at the lesser of the highest lawful contractual rate
of interest or eighteen percent (18%) per annum from the date
expended by the Non-Defaulting Party until repaid by the
Defaulting Party, and shall be subject to collection by suit in
any court of competent jurisdiction; or (iv) exercise all
rights or remedies otherwise available at law, in 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 terms, provisions, conditions,
covenants and agreements contained herein. In any legal or
equitable proceeding for the enforcement 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
time to time own or hold legal or equitable title to all or
portions of the Town Center Site. As used herein, Company
means and includes Company and all subsequent parties who from
time to time own or hold legal or equitable title to all or
portions of the Company Site. The terms, provisions,
conditions, covenants and agreements contained 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
respective heirs, devisees, personal representatives,
successors or assigns who from time to time own or hold legal
or equitable title to all or portions of the Town Center Site
or the Company Site.
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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 similar as possible to the
term, provision, condition, covenant or agreement declared
illegal, invalid or unenforceable.
11. No Waiver. No waiver of any of the terms, provisions,
conditions, covenants or agreements contained herein shall be
effective unless in writing executed by the party for whose
benefit the applicable term, provision, condition, covenant or
agreement is intended. No waiver of any term, provision,
condition, covenant or agreement contained herein under a
particular circumstance 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 hereof.
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 Easement 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 wherever
reference is made to the same.
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 dispute involving this Mutual Drainage
Easement shall be in any court of competent jurisdiction in
Dallas County, Texas.
17. Complete Agreement. This Mutual Drainage Easement
embodies the entire agreement between Venture and Company with
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respect to the subject matter hereof and supersedes all prior
agreements, written or oral, with respect to the subject matter
hereof. ~ fl ~
EXECUTED as of the day of , 1988.
VENTURE:
THE PARKS OF COPPELL JOINT VENTURE II
''Michael .
Joint Venturer
By Gi~ A. H~nc]~ley
Joint Venturer
/ / John B. !u
~,j/Jo int Ve rer
By: The Stacy Suzanne Allen
Special Trust,
Joint Venturer
By , '"''/
' Michael R. Allen
Attorney-in-Fact
By: The Christine Anne Allen
Special Trust,
Joint Venturer
i~ " " ;"
'.Michael R. Allen
Attorney-in-Fact
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By: The John Michael Allen
Special Trust,
Joint Venturer
Michael R. Allen
Attorney-in-Fact
By: The David Crittenden Allen
Special Trust,
Joint Venturer
MiChael R. Allen
Attorney-in-Fact
COMPANY:
ABQ DEVELOPMENT CORPORATION
Stan-Strickman
Senior Vice President
THE STATE OF TEXAS
COUNTY OF DALLAS
This instrument was acknowledged before me on ~ CQ~ ,
1988, by Michael R. Allen, a joint Venturer in The k~ar~s of
Coppell Joint Venture II, a Texas joint venture, on behalf of
said joint venture.
MY HAND AND SEAL OF OFFICE, this the~~-''' day
G IV~
of , 1988.
· ~ ~ '" ~.'. ,, .-' ~IN~; ·
".; ."~'~'".., .... ,: ~'~'~'. , ~-:. ":' e Notary Pu c in and for
~ ..,¥~. .c.~ ...... . ..... ~ the State of Texas
Ny Co~ss~on
Printed Name of Notary
THE STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on /~6~ ~ ,
1988, by Glen A. Hinckley, a joint venturer in The k~Parks of
Coppell Joint Venture II, a Texas joint venture, on behalf of
said joint venture. '~--7
GIVE~ UNDER MY HAND AND SEAL OF OFFICE, this thec~ day
of /~/ , 1988.
~~1 ~~~ ~ Notary Pub ic ' r
the State of Texas
My ~
Printed Name of Notary
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THE STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on ~~
1988, by John B. Kidd, a joint venturer in The Par~. ~ C0ppel~
Joint Venture II, a Texas joint venture, on behalf of said
joint venture.
GIVEN ~UNDER MY HAND AND SEAL OF OFFICE, this the~_~r day
of ~/~~ , 1988.
~ "~%~C--~~~~ the State of Texas
My Co~ission Expires:
Printed Name of Notary
THE STATE OF TEXAS
COUNTY OF DALLAS §
This instrument was acknowledged before me on /~~ ,
1988, by Michael R. Allen, as Attorney-in-Fact of T~e Stacy
Suzanne Allen Special Trust, a joint venturer in The Parks of
Coppell Joint Venture II, a Texas joint venture, on behalf of
said joint venture.
SEAL OF OFFICE, this the~~day----
GIVEN ~NgER MY HAND AND
of , 1988.
~~/~~~. ,~&~...~ ~ Notarythe StatePUb~CofinTexasand for
My Co~ission Expires:
C
Printed Name of Notary
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THE STATE OF TEXAS
COUNTY OF DALLAS § The~ ~t
This instrument was acknowledged before me on ~ ,
1988, by Michael R. Allen, as Attorney-in-Fact of ri ine
Anne Allen Special Trust, a joint venturer in The Parks of
Coppell Joint Venture II, a Texas joint venture, on behalf of
said joint venture.
SEAL OF OFFICE, this the ~_~'~day
GIVEN JJNDER MY HAND AND
of f, 1988.
.~ .~i~c~~~ ~-~---- the State of Texas
My Co~ission Expires:
Printed Name of Notary
THE STATE OF TEXAS
COUNTY OF DALLAS § of~f ~e~q
This instrument was acknowledged before me on ,
1988, by Michael R. Allen, as Attorney-in-Fact 'John
Michael Allen Special Trust, a joint venturer in The Parks of
Coppell Joint Venture II, a Texas joint venture, on behalf of
said joint venture.
G IVEN~R,~ HAND AND SEAL OF OFFICE, this the ~'~ day
of , 1988.
~~' ~ ~v~....:,.,~.~
;~-~ ~5>~ ~! ~-
My Commission Expires:
Printed Name of Notary
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THE STATE OF TEXAS §
COUNTY OF DALLAS
This instrument was acknowledged before me on
1988, by Michael R. Allen, as Attorney-in-Fact bf T~e D~vi~
Crittenden Allen Special Trust, a joint venturer in The Parks
of Coppell Joint Venture II, a Texas joint venture, on behalf
of said joint venture.
GIVEN 4UNDER MY HAND AND SEAL OF OFFICE, this the~~-' day
of /~ , 1988.
.,,, ,. ~. , ~ ...... Notary Publz zn and for
../ the state oc Texas
Printed Name of Notary
THE STATE OF TEXAS
COUNTY OF DALLAS
This instrument was acknowledged before ~er os~ ~of~ ,
1988, by Stan Strickman, Senior Vice e d ABQ
Development Corporation, a New Mexico corporation, on behalf of
said corporation.
GIV~ UNDER MY HAND AND SEAL OF OFFICE, this the----~~-day
~.FA ,5 ~m~.::~,~. · ~. ,. Notary Pub~ c
~ ~(~ .~ the State of Texas
My Co~ission Expires:
Printed Name of Notary
O
4560S
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EXHIBIT A
Company Site
BOUNDARY DESCRIPTION
T~E COMPANY SITE
o
BEING a 66.6453 acre tract of land situated in the Clarinda Squires Survey, Abstract
No. 1327, the S.A. & M.G.R.R. Survey, Abstract N°. 1430 and the Sibered Henderson
Survey, Abstract No. 629 in the County of Oallas, Texas and being a portion of that
certain tract of land as described in deed from Good Financial Corp. to g. Douglas
Adkins, Trustee, as recorded in ¥olu~e 76188, page 2355 in the Oeed Records of Oallas
County, Texas and being more particularly described as follows:
CO144ENCING at the southwest corner of a tract of land deeded to Ruth Perkins as
recorded in Voltme 69241, Page 459 of the Deed Records of Dallas County, Texas,
said corner being on the north line of Sandy Lake Road (a variable width R.O.W.);
Thence North 01°22'49" West, along the west line of said Perkins tract, a distance
of 620.89 feet to the POINT OF BEGINNING;
THENCE North 01'22'49" West, a distance of 2084.13 feet to an iron rod at the
beg£nning of a curve to the left;
THENCE in a northwesterly direction along said curve to the left having a radius
of 209.09 feet, a central angle of 29°58'22'', °.tangent length of SS.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.W.) as recorded
in Volu~e 84040, page 3023 of the Deed Records of Oallas County, Texas;
THENCE North 58°38'49" East, 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 a northeasterly and easterly direction along the southerly line of said
Parkway Boulevard and said curve to the 'right having a radius of 21S6.00 feet, a
central angle of 30°35'31'', a tangent length of S89.6S 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 Addition, unrecorded;
THENCE South 00°56'2S'' East, along the west line of Future Parkview Addition for
a distance of 646.78 feet to an iron rod at the most westerly southwest corner of
said Future Parkview Addition;
THENCE North 89°03'35'' East, along the south boundary line of said Future Parkview
Addition for a distance of 230.00 feet to an iron rod at the beginning of a curve
to the right having a central angle of 14°29'32; a radius of 435.00 feet and a tangent
length of 55.31 feet.;
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 05049'42", a radius of 665.00 feet and a tangent length of 33.8S feet;
THENCE Southeasterly, continuing along said south boundary line of said Future
Parkview Addition and along said curve for an arc length of 67.65 feet to an iron
rod at the end of said curve;
THENCE South 00°56'25" East for a distance of 22.59 feet to an iron rod at the most
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 being the north line of a tract of land deeded to J & E
Company, Inc. as recorded in Volume 79009, P~ge 0413 in the Deed Records of Dallas
County, Tex~s;
THENCE South 89eO~e3S' #est along said abstract line and said north line of said
J ~ E Colpany tract a distance of 1148.91 feet to an iron rod at the northwest corner
of said J & E Colp&ny tract;
THENCE South 01°04~16' East leaving said abstract line and along the west line of
said J ~ £ Company tract for a distance of 1419.83 feet to an iron rod at the
southwest corner of said J ~ E Company tract;
THENCE North 88°34'54'' East along said south line of said J & £ Company tract for
a distance of 638.39 feet to an iron rod at the northwest corner of a tract of land
deeded to John H. Burns, Jr. as recorded in ¥olume 2143, Page 595 in the Deed Records
of Dallas County, Texas;
THENCE South 00°51'03'' West along the west line of said Burns tract for a distance
of 1153.29 feet to an iron rod on the north R.O.W. line of Sandy Lake Road (a variable
width R.O.W.);
THENCE South 88'28~22'' West along said north R.O.W. line of said Sandy Lake Road
a distance of 677.68 feet to an iron rod at the southeast corner of s tract of land
deeded to Shirley Narpold as recorded in Volume 77116, Page 627 in the Deed Records
of Dallas County, Texas;
THENCE North 01'54'52" East leaving said north line of Sandy IAke Road, along the
east line of said Harpold tract for a distance of $64.07 feet to an iron rod at
the northeast corner of said Narpold tract;
THENCE South 89°51'14'' West, along the north line of said Harpold tract and the
north line of said Perkins tract, for a distance of 630.05 feet to the POINT OF
BEGINNING and containing 2,903,071 square feet, or 66.6453 acres o£ land.
EXHIBIT B
Town Center Site
BOUNDARY DESCRIPTION
TOWN CENTER SITE
BEING a tract of land situated in the S.A. & M.G.R.R. Survey,' Abstract No. 1430
in the City of Coppell, Dallas County, Texas and being part of that certain tract
of land described in deed from Good Financial Corportation to M. Douglas Adkins,
Trustee, as recorded in Volu~e 76188, page 2355 in the Deed Records of Dallas County,
Texas and being more particularly described as follows:
BEGINNING at a point of intersection of the south line of Parkway Boulevard Can
88 foot right-of-way) w{th the east line of benton Tap Road (a variable width
right-of-way);
THENCE North 88e59'02' East, 410.04 feet along the said south of Parkway Boulevard
to a point for corner;
THENCE South l°00'58'' East, 580.99 feet leaving the said south line of Parkway
Boulevard to a point for corner;
THENCE North 88°59'02' East, SSO.00 feet to a point for corner;
THENCE North 1'00'58" West, 625.46 feet to a point for corner on the said south
line of Parkway Boulevard, said point also being in a curve to the left running
in an easterly direction and having a central angle of 13'56'40" a radius of 1094.00
feet and a chord bearing of North 65°37'09'' East;
THENCE along said curve, and the said south line of Parkway Boulevard, 266.25
feet to the end of said curve;
THENCE North 58°38'49'' East, 155.60 feet continuing along the said south line
of Parkway Boulevard to a point for corner~' said point also being in a curve to
the right running in a southerly direction and having a central angle of 29'S8'22"
a radius of 209.09 feet and a chord bearing of South 16°22'00' East;
THENCE along said curve, and leaving the said south line of Parkway Boulevard,
109.38 feet to the end of said curve;
THENCE South 1'22'49" East, 270S.02 fei to a point for corner on the north line
of Sandy Lake Road (a variable width right-of-way);
THENCE South 89~11'49'' West, 770.81 feet along the said north line of Sandy Lake
Road to a point for corner;
THENCE North 0e56'19' West, 2S1.79 feet leaving the said north line of Sandy
Lake Road to a point for corner;
THENCE South 89°03'11" West, 173.00 feet to a point for corner;
THENCE South 0°56'19'' East, 251.79 feet to a point for corner on the said north
line of Sandy Lake Road;
THENCE South 88°42'38'' West, 379.66 feet along the said north line of Sandy Lake
Road to a point for corner;
THENCE North 47'4S'13" West, 73.02 feet continuing along the said north line
of Sandy Lake Road to a point for corner at the intersection of the said north line
of Sandy Lake Road with the said east line of Denton Tap Road;
THENCE along the said east line of Denton Tap Road the following courses and
distances; North 3°18'58'' West, 139.20 feet to the beginning of a curve to the right
having a central angle of 2'18'00" and.a radius of 5679.70 feet; Thence along said
curve 227.98 feet to the end of said curve; Thence North l°00'S8'' West 1983.30
'
feet to the beginning of a curve to the right having a central angle of l°48'30''
and a radius of 5679.70 feet; Thence along said curve 179.26 feet to the POINT OF
BEGINNING and containing 74.430 acres (3,242,192 square feet) of land.
EXHIBIT C
Company Easement Area
BOUNDARY DESCRIPTION
PART OF LINEAR PARK
EAST PORTION
BEING a tract of land situated in the Clarinda Squires Survey, Abstract No. 1327
and the Sibered Henderson Survey, Abstract No. 629 in the City of Coppell, Dallas
County, 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 note
particularly described as follows:
CObi~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 point also being on the north line of Sandy Lake Road (a variable width
right-of-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;
THENCE North 88°01'14.' East, 35.59 feet to a point for corner;
THENCE North 23036'27" East, 95.31 feet to a point for corner;
THENCE North 33°26'S1' East, 18.75 feet to a point for corner;
THENCE North 60039'24'' West, 28.49 feet to a point for corner;
THENCE North 20006'02'' West, 47.53 feet to a point for corner;
THENCE North 3°39'15'' West, 68.27 feet to a point for corner;
THENCE North 2°05'21'' West, 127.20 feet to a point for corner;
THENCE North 0009'27'' West, 131.01 feet to a point for corner;
THENCE North 2°18'59'' West, 127.83 feet to a point for corner;
THENCE North 1°03'09'' West, 134.97 feet to a point for corner;
THENCE North 1°06'27.' West, 125.36 feet to a point for corner;
THENCE North 1°37'31'' West, 157.49 feet to a point for corner;
THENCE North 7°13'29.' East, 44.96 feet to a point for corner;
THENCE North 45025'27'' East, 39.77 feet to a point for corner;
THENCE North 57°21'20!' East, 104.20 feet to a point for corner;
THENCE North 58008'48'' East, 122.35 feet to a point for corner;
THENCE North 57021'38'' East, 141.41 feet to a point for corner;
THENCE North 61005'34'' East, 118.44 feet to a point for corner;
THENCE North 55033'44'' East, 108.30 feet to a point for corner;
THENCE North 62056'25'' East, 69.42 feet to a point for corner;
THENCE North 75026'26'' East, 48.24 feet to a point for corner;
THENCE North 86014'02'' East, 70.93 feet to a point for corner;
THENCE North 87055'03'. East, 118.29 feet to a point for corner;
THENCE North 88°57'16'' East, 121.50 feet to a point for corner;
THENCE North 88°S§t40' East, 124.31 feet to a point £or cornerl
THENCE North 88°31'31'' East, 130.07 feet to a point for corner;
THENCE North 86°55'17'' East, 47.53 feet to a point for corner;
THENCE North 19059'26" East, 29.37 feet to a point for corner;
THENCE North 5°57'56'' East, 95.82 feet to a point for corner; CC
THENCE North 8022'40'. West, 144.35 feet to a point for corner;
THENCE North 2°36'12.' East, 124.02 feet to a point for corner;
THENCE North 3006'37.' East, 113.98 feet to a point for corner;
THENCE North 3°10'34.. East, 123.82 feet to a point for corner;
THENCE North 3°13'47" West, 2.55 feet to apoint for corner on the south line 09
of Parkway Boulevard (an 88 foot right-of-way), said point also being in a curve
to the right running in a westerly direction and having a central angle of 2°28~07''
a radius of 2156.00 feet and a tangent bearing of North 86°46'13" East; CID
THENCE along said curve; and along the said south line of Parkway Boulevard,
92.89 feet to the end of said curve;
THENCE South 0056'25" East, 646.78 feet leaving the said south line of Parkway
Boulevard to a point for corner;
THENCE North 89°03'35' East, 230.00 feet to the beginning of a curve to the right
having a central angle of 14029'32" and a radius of 435.00 feet;
THENCE along said curve 110.03 feet to the end of said curve, and to the beginning
of a curve to the le£t having a central angle of 5049'42'' and a radius of 665.00
feet;
THENCE along said curve 67.65 feet to the end of said curve;
THENCE South 0056'25" East, 22.59 feet to a point for corner;
THENCE South 89003'35" West, 1148.91 feet to a point for corner;
THENCE South 1004'16'' 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 $5°29'13" West, 155.38 feet to a point for corner;
THENCE South $7'55'$1' West, 111.78 feet to a point for corner;
THENCE South 60°42'20'' West, 112.70 feet to a point for corner;
THENCE South 58*07'58" 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 l°59'15'' East, 98.68 feet to a point for corner;
THENCE South l°54'22'' East, 125.21 feet to a point for corner;
THENCE South 2°37'08'' East, 137.73 feet to a point for corner;
THENCE South 3'33'37" East, 129.$4 feet to a point for corner;
THENCE South 0°17'35'' West, 131.96 feet to a point for corner;
THENCE South 0°25'29' 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 3'40t3S' East, 20.97 feet to a point for corner;
THENCE South 82°29'44'' 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 North 89055'03'' West., 122.47 feet to a point for corner;
THENCE North 8*20'33" West, 79.77 feet to a point for corner;
THENCE North 89023'$9' West, 29.24 feet to a point for corner;
THENCE South 85019'26'' West, 36.73 feet to the POINT OF BEGINNING and containing
6.1336 acres (267,178 square feet) of land.
EXHIBIT D
Venture Easement Area
C
BOUNDARY DESCRIPTION
PART OF LINEAR PARK
WEST PORTION
BEING a tract of land situated in the S.A. & H.G.R.R. Survey, Abstract No. 14~0
in the City of Coppell, Dallas County, Texas and being a portion of that certain
tract of land as described in deed from Good Financial Corp. to M. Douglas Adkins,
Trustee, as recorded in ¥oluee 76188, Page 2555 in the Deed Records of Dallas County,
Texas and being more particularly described as follows:
CO~4ENCING at the southwest corner of a tract of land deeded to Ruth Perkins
as recorded in Voltuae 69241, Page 459 of the Deed Records of Oallas County, Texas,
said point also being on the north line of Sandy Lake Road (a variable width
right-of-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 South 85°19~26' West, 28.91 feet to a point for corner;
THENCE South 89°~44' West, 65.82 feet to the point for cornet;
THENCE South 4°~8~0' East, 87.10 feet to the point for corner;
THENCE North 72°15~57" West, 87.70 feet to the point for corner;
THENCE North 65~17~27~ West, 84.27 feet to a point for corner;
THENCE North 66°08~16~ West, 15~.57 feet to a point for corner;
THENCE North ~2°2~58' East, 112.71 feet to a point for corner;
THENCE North 56e~t07' East, 67.16 feet to a point for corner;
THENCE North 42~06~$2' East, 87.~0 feet to a point for corner;
THENCE South 47°49t27' East, 127.29 feet to a point for corner;
THENCE South 2~S4t05~ East, 125.88 feet to a point for corner;
THENCE South 80°S9t28~ East, 5~.10 feet to a point for corner;
THENCE North 88~01~14' East, 40.27 feet to a point for corner;
THENCE South 1°22~49' East, 7.79 feet to the POINT OF BEGINNING and containing
1.191 acres (51,887 square feet) of land.
EXHIBIT E
1. Agricultural Lease, dated December 31, 1986, by and
between Parks of Coppell Joint Venture I and II, as lessor, and
Troy McCarley, as lessee.
2. Letter agreement, dated February 6, 1986, between
Parks of Coppell Joint Venture II and Texas Power & Light
Company ("TP&L") granting TP&L the right to temporarily use a
fifteen foot (15') wide strip of land to connect a power line
to provide electrical service to the Municipal Building for the
City of Coppell, Texas.
3. Easement for electric distribution line purposes to
Texas Power & Light Company, recorded in Volume 86189,
page 6609 of the Deed Records of Dallas County, Texas.
4. Protective Covenants of even date herewith granted by
ABQ Development Corporation, duly recorded in the Deed Records
of Dallas County, Texas.
5. Electrical Easement of even date herewith executed by
ABQ Development Corporation and The Parks of Coppell Joint
Venture II, duly recorded in the Deed Records of Dallas County,
Texas.
6. Development Agreement of even date herewith executed
by The Parks of Coppell Joint Venture II and ABQ Development
Corporation, duly recorded in the Deed Records of Dallas
County, Texas.
CC.
C~
4644S
C
EXHIBIT F
1. Agricultural Lease, dated December 31, 1986, by and
between Parks of Coppell Joint Venture I and II, as lessor, and
Troy McCarley, as lessee.
2. Development Agreement of even date herewith executed
by The Parks of Coppell Joint Venture II and ABQ Development
Corporation, duly recorded in the Deed Records of Dallas
County, Texas.
4645S ~D
£.¢: y,~,'f, 26 P~ I?..: 21
~A'/T OF'
I hereby cert~!
d~te and ti Y that thfs I COUNTy
cOrded ~e. Stamped n_st~,nent
· , Texas
as
MAy ~6 1988
~DE~L ~,., ~ ~ ~ACE OR COLO L PROPER~ DES~IB