Riverchase(1)-CS 950717 COOPER & ALDOUS RECEIVED
(90]) ~13-3~ (214) ~99-2200 FAX 1214) 720-7Z52
July 17, 1995
~RItER'S DIRECT DIAL
(214) 999-2203
RECEIVED 00c2s,
Lmda Grau, Ci~
Ci~ of Cop~ll, Tcx[~ RECORDS CENTER
CITY OF C0PPELL
~5 Par~ay Boul:vard
C.A. No. 3:94-CV-I376-H; CED Correction, inc. v. ~ Ci~ o/ Copp~ll
in ~e U.S. Dis~t Cou~ for Ae No,em Dis~ic[ of Te~, Dallas Division
Dc~ Ms. Grau:
Per y~r ~qucs[, e~losed please find a copy of ~e Se~ement Agreemem w~ch ~s
~n sig~cd by ~1] panics ~ was filed wi~ A~ Cou~ on June 30, 1995. ~ ~ fo~arding
copy to you to ~ maincd in ~ City's files. Wc will [~ you appri~d of any
dcwlopm:n~.
Plca~ do not hesilate to giv~ mc a call wi~ ~ny qucstiom you may ~ve.
Sincerely,
O
William F. Allred
WFMdlg
E~losure
26811 Id
IN THE UNITED STATES DISTRICT ~OURT-'-'--~-'~' ~
DALLAS DIVISION ~1 ': -~ c.. ,:: _ ,
CED CONSTRUCTION, INC., CED § ~ ~:;'7. :~-; ..... ,--Z[-. i
CAPITAL HOLDINGS IH, LTD. § ! ..................
and DALLAS AREA AFFORDABLE § .................
PARTNERS, IV., L.P. §
VS. § CIVIL ACTION NO. 3:94-CV-1376-H
THE CITY OF COPPELL, TEXAS §
TOM MORTON AS MAYOR OF THE §
CITY OF COPPELL, GARY L. SIEB §
AS DIRECTOR OF PLANNING AND §
COMMUNITY SERVICES, THE CITY §
COUNCIL, and THE PLANNING AND §
ZONING COMMISSION, IN THEIR §
OFFICIAL CAPACITIES §
SETTLEI¥[ENT AGREEME. NT
COME NOW thk'Plaintiffs CED CONSTRUCTION, INC., CAPITAL HOLDINGS III,
LTD., and DALLAS AREA AFFORDABLE PARTNERS, IV., L.P., hereinafter "Plaintiffs,"
and Defendants THE CITY OF COPPELL, TEXAS, TOM MORTON, AS MAYOR OF THE
CITY OF COPPELL, GARY L. ~SIEB, AS DIRECTOR OF PLANNING AND COMMUNITY
SERVICES and THE PLANNING AND ZONING COMMISSION, IN THEIR OFFICIAL
CAPACITIES, hereinafter "Defendants," and now agree and stipulate as follows:
1. Plaintiffs and Defendants are desirous of resolving the pending above-captioned
litigation on mutually acceptable and beneficial terms.
2. Plaintiffs and Defendants have agreed to settle the pending litigation on t~he terms
and conditions set out in this Settlement Agreement.
3. Plaintiffs and Defendants have the lawful authority to enter into this Settlement
Agreement and have been duly authorized to enter into this Settlement Agreement.
4. This litigation arises out of a dispute between Plaintiffs and Defendants over
construction of a certain development project intended to provide affordable housing as per
Section 42 of the Internal Revenue Code on a 16.3 acre parcel of land located at the comer of
Behline Road and MacArthur Boulevard (the 'Original Property") which is more fully depicted
on Exhibit "A' to this Settlement Agreement.
St.-l-ll.,E~'~l'f AGREEN[EN'r PAGE 1
46355/d
5. Defendants have identified several alternative sites for Plaintiffs' proposed
affordable housing development of two hundred and eighty (280) units (referred to herein as the
"Housing Development"), including a site which is located on MacArthur Boulevard to the north
of the Original Property. Plaintiffs have tentatively agreed to relocate the proposed Housing
Development to the alternative MacArthur Boulevard site which is described on Exhibit B to this
Settlement Agreement and also referred to herein as the ~MacArthur Boulevard Site."
Notwithstanding Plaintiffs' tentative agreement to relocate the Housing Development to the
MacArthur Boulevard Site, Defendants agree that Piaimiffs shall have seventy-five (75) days
from the date of the execution of this Settlement Agreement to make a final determination as to
an alternative site for the Housing Development. It is also agreed that Plaintiffs may, at their
discretion, choose to relocate the Housing Development to any other property of at least sixteen
(16) acres of developable land in the City of Coppell which is currently zoned MF-2, such as
the "Vista Property" which is described on Exhibit C to this Settlement Agreement or any other
site in the City of Coppell which is mutually agreed to by the Plaintiffs and the Defendants (the
site chosen by the Plaintiffs and agreed to by the Defendant~g for the Housing Development is
hereinafter referred to as the "Alternative Site"). The Plaintiffs and Defendants shall, except
as otherwise provided in this Settlement Agreement, initiate and diligently pursue each and every
term, obligation or action provided for by this Settlement Agreement as soon is practicable after
the execution of this Settlement Agreement, including any terms, obligations or actions which
can be legally or practically performed prior to Plaintiffs' final determination as to the
Alternative Site, including in particular the undertakings provided for in Paragraphs 6, 7, 9, 13,
14 and LS. Plaintiffs and Defendants agree that except as othe~'ise stated herein, the
Defendants shall have ninety (90) days from the later to occur of: (i) the date of written
notification of Plaintiffs' final determination in regard to selection of the Alternative Site or (ii)
the date of the transfer and/or reservation and/or allocation of tax credits to the Alternative Site
as herein provided to complete any and all obligations or actions provided for in this Settlement
Agreement. It is further agreed and understood by Defendants that in the event that Plaintiffs
determine that no Alternative Si~ 'is acceptable, Plaintiffs shall have the right to terminate this
Settlement Agreement by providing written notice to that effect prior to the expiration of the
seventy-five (75) day time period set forth for selection of the Alternative Site.
6. Defendants shall have ninety (90) days from the date of execution of this
Settlement Agreement to act to initiate an amendment to the zoning map of the City of Coppell
to and through final action by the City Council, to change the zoning district of the Original
Property from the "R' Retail and ~O" Office District to the "C" Conunercial District.
7. Concurrent with the adoption of an ordinance granting a change of zoning for the
Original Property from 'R" Retail and "O" Office District to "C" Commercial District, the
Plaintiffs will voluntarily record a deed restriction on the Original Property to non-residential
uses, with the right of enforcement in favor of the City of Coppell and releasable only by the
CiD' of Coppell.
8. In the event that Plaintiffs determine that the MacArthur Boulevard Site, or any
other Alternative Site, is acceptable, Defendants shall, within sixty (60) days after receiving
written notification that the tax credits referred to in Paragraph 12 hereof have been transferred
and/or allocated and/or reserved to such property, act, if necessary, to initiate a change of
SE'VI'LF_~iF_~'T AGREEM~'%~f PAGE 2
46355id
zoning for such property to the MF-2 Multi-Family Residential 2 District. In addition, within
sixty (60) days after Defendants' receipt of written notification that the tax credits referred to
in Paragraph 12 hereof have been transferred and/or allocated and/or reserved, the Plaintiffs
shall make application to the City of Coppell's Board of Adjustment for variances with regard
to the development of the Alternative Site for (A) a one hundred percent (100%) waiver to the
covered parking requirement of the City of Coppell's Comprehensive Zoning Ordinance, and
(B) a reduction in the required number of parking spaces required by the Comprehensive Zoning
Ordinance to two (2) parking spaces per dwelling unit. Defendants shall take whatever actions
are within their power to effectuate the approval of these variances within the time period
specified above, and if the variances are not granted and/or approved within that time period,
this Settlement Agreement will be rendered null and void. Within ninety (90) days after
receiving written notification that the tax credits referred to in Paragraph 12 hereof have been
transferred and/or allocated and/or reserved, the Plaintiffs agree to submit a plat for the selected
property which complies with the requirements of the City of Coppell's Comprehensive Zoning
Ordinance, Subdivision Ordinance and any other applicable law, and the Defendants agree to
process and approve said plat.
9. Concurrent with the adoption of an ordinance granting the change in zoning as set
forth in Paragraph 6, the Defendants shall adopt an ordinance abandoning Riverchase Drive to
the west of MacArthur Bouievard as shown on the attached Exb. ibit A.
10. For a period of two (2) years after the rendition date of the Final Judgment
attached hereto as Exhibit D the City of Coppell shall waive building permit fees for the Original
Property. All other applicable development fees, including fees in lieu of parkland dedication
for the Original Property, shall continue to apply to the development of the Original Property,
and shall be paid by the owner of such property in accordance with the applicable ordinances.
11. For a period of t~v0 (2) years after the rendition date of the Final Judgment
attached hereto as Exhibit D, Defendants shall waive building permit fees for the Alternative
Site. The Plaintiffs agree to pay all other development fees, including fees in lieu of parkland
dedication for the Alternative Site, which shall continue to apply to the development of the
Alternative Site unless the Plaintiffs are not the owners of the Alternative Site at the time as the
fees are assessed and due and owing.
12. In the event that Plaintiffs .select the MacArthur Boulevard Site for the Housing
Development and the Texas Department of Housing and Community Development has
tra~ferred, reserved and/or allocated tax credits to such site, the Defendants agree, within
fourteen (14) days after receipt of written notice from Plaintiffs that the MacArthur Boulevard
Site has been selected, to enter into a contract of sale with Defendant, the City of Coppell. for
such property for the sales price of $1,165,000 (hereinafter referred to as the "Contract of
Sale"). Plaintiff Dallas Area Affordable Partners IV. L.P., expressly represents that it is an
entity for the development of low income or moderate income housing. The Plaintiffs agree in
connection with the purchase of the MacArthur Boulevard Site to deposit earnest money in the
form of a certified or cashier's check in the amount of $20,000 with the title company selected
as the escrow agent :o be held in escrow pursuant to the terms of the contract of sale· Plaintiffs
further agree to pay all closing costs associated with such purchase with the exception of the title
S~l-I L.EMENq' AGR. EEIs~_..N'F PAGE
a6355!d
policy and Defendants' attorneys' fees unless otherwise agreed by the parties. Closing for the
sale of such property shall occur within thirty (30) days after the performance of the obligations
in Paragraph 8, but is expressly contingent upon Plaintiffs compliance with every term,
obligation or action provided for by the Settlement Agreement, and transfer, reservation and/or
allocation of tax credits to the MacArthur Boulevard Site by the Texas Department of Housing
and Community Development. In the event Plaintiffs breach any of the terms or conditions of
this Agreement or if the tax credits are not transferred or allocated to the MacArthur Boulevard
Site, the Defendant, City of Coppeil, shall have the right to terminate the Contract of Sale by
providing written notice of such termination prior to the closing. The parties agree that if
Plaintiffs' breach the Contract of Sale, Defendants will be entitled to the $20,000.00 being held
in escrow as their liquidated damages for Plaintiffs' breach. Defendants agree their recovery
of said funds shall be their only remedy for Plaintiffs' breach of the Contract of Sale.
13. The Defendants agree that when a plat is approved for the Original Property that
access to the Original Property shall be substantially in compliance with Exhibit E attached
hereto.
14. The terms and conditions set out in this Settlement Agreement are dependent on
the actions of a non-party, the Department of Housing and Community Affairs of the State of
Texas. This Settlement Agreement shall be null and void unless the Texas Department of
Housing and Community Affairs,-on or before one hundred and twenty (120) days after the
execution of this Settlement Agreement, shall either transfer and/or reserve and/or allocate tax
credits for the Housing Development to the Alternative Site, in an amount equal to the tax
credits reserved and/or allocated by the Texas Depamnent of Housing and Community Affairs
for the Housing Development on the Original Property.. The Final Judgment attached to this
Settlement Agreement as Exhibit "D" will be entered reflecting that this matter has been
dismissed with prejudice when the' Texas Department of Housing and Community Affairs has
transferred and/or reserved and/ox allocated the tax credits to the Alternative Site and the steps
outlined in Paragraph 16 hereof have been completed.
15. Plaintiffs and Defendants, individually and in concert, will use their good offices
and best efforts to persuade the Department of Housing and Community Affairs of the State of
Texas to transfer and/or reserve and/or allocate tax credits for Housing Development to be
constructed on the Alternative Site in an amount equal to the tax credits previously reserved
and/or allocated by the Department of Housing arid Community Affairs for the Housing
Development to be constructed on the Original Property.
16. In the event that the Defendants shall fail to:
A. approve the rezonings and other approvals which Defendants are required
to initiate and process pursuant to Paragraphs 6.7 and 8 of this Settlement
Agreement; or
B. enact the ordinance vacating and abandoning the right-of-way to
Riverchase Drive to the west of MacArthur Boulevard as provided for in
Paragraph 9 ef this Settlement Agreement; or
St, t.-1LI~,~]ENT AGREENiI~NT PAGE 4
46355/d
C. issue administrative rulings, ordinances, or resolutions as necessary to
waive the building permit fees for the Original Property and the
Alternative Site for two (2) years from the rendition date of Final
Judgment; or
D. perform each and every obligation directed to the Defendants in Paragraph
12 of this Settlement Agreement;
all within the time peri.ods set forth here in this Settlement Agreement, (even though such time
periods may only be directed to the initiation of such actions), this Settlement Agreement shall
become null and void and shall be of no further force and effect.
I7. The parties agree that the waiver of building permit fees and the payment of
development fees referenced in Paragraph 10 and 11 herein, may be enforceable by action for
breach of this Settlement Agreement such an action would not be barred by the doctrine of res
judicata or collateral estoppel.
18. In the event that this Settlement Agreement shall become null and void pursuant
to the provisions of Paragraph 14 and/or 16 of this Settlement Agreement, this matter shall be
returned to the Court's calendar and shall be scheduled for an expedited trial on the merits
subject to the Court setting a reasonable period of time to conduct and complete any and all
remaining discovery which is then deemed necessary by a party.
19. Plaintiffs agree, upon completion by the Defendants of all of the obligations and
actions outlined in Paragraph 16 hereof, to file a request to dismiss the HUD complaint which
Plaintiffs filed related to the above-captioned litigation, and agree to the dismissal of all claims
against all Defendants herein with prejudice to the refiling of same. Plaintiffs agree to actively
support dismissal of the HUD cOmplaint.
20. The parties agree that each party, shall bear the costs and attorneys' fees it
incurred unless this Settlement Agreement shall become null and void pursuant to the provisions
of Paragraphs 14 and/or 16 hereof.
21. The parties agree that the Court shall approve this Settlement Agreement.
THE CITY OF CO PPELL C ED CO N)~RU CTION, I~C.
TOM MORTON, AS MAYOR CE C/tAPITA, L HOLD, INOS III, LTD.
OF THE CITY OF COPPELL 5: ~ .~7~ t .~.j,~ ~,/~
~ &GR. EEM]~'T FAG}; 5
46355;d
GARY L. SIEB, AS DIRECTOR OF DAI.1-AS AREA AFFORDABLE
PLANNING AND COMMUNITY PARTNERS IV, L.I?.
SERVICES
THE CITY OF COPPELL
S~ ILEMY_,NT AGF~EMF~-I' PAGE
EXHIBIT "A"
M~'IP..t/ AND BCRJNLI~
TRACT I
0.~544 ACRE TRACT
8ElN~ al tract of land oltuolod ~ thc Singleton T~mpio~ ~urv=y
Abstract No. 1495. in IhE Cilf at Copp.ll, Dallas Counfy, Texas:
~nid trneJ h~inO fl porlinn nf Rivorchoee Drive a~ recorded
Vol~e 86090 Poge 3~07 Deed Recorde Dalios C~unly Te:as ~ORDCT):
said portion beinq oU of Rlverchase Drive belveen Mocorth~r Blvd.
(ilo IL RO~) on~ a I~0 fl. v~de Dallas. Po~et, and Light Compony
RO~ a~ recorded in Volume 4594 Page 50Z ORD~T; s~d tract o1~o
being o porl of thor certain trocl cenveye~ to Terro Corporale
~oJni V~nture os recorded in Volume 850?2 Poge 4454 Deed Records
Doli~ Counly. Texas {ORDCT): and being mo~e parf~culerly
described os foUo~:
8EGIN~G at an 'x" lound cut In brick el lhe inlersection of lhe
Mocartb~ Blvd.;
THENCE ~ong ~biO Soul~ ~ine with a c~cu[or curve to the le~t
h~v~g a genital angle of 49°56'01'. o radius of 595.00 lt.. ~
tangent length of ~3,9~ IL, ~d a chord o~ South 8~°10'58'
West 335.45 ft., for an ar~ di~ten~e of 54~.~3 I1. to a I/~' iron
rod found f~ caf'nar and for a pain1 of reverse cu-vclure to fha
right;
THENCE continuing along sOid South line vith said circular curve
ft., o l.ongenl length o~ 07.50 fi., Gad e chord of So~th
700~19~ West I~O.G7 ft., for an arc d[~lonce at I~.!0 ff. to
a I/Z' iron rod 1goad for corner et the interseclion al soi~ South
l~, vitb th, ~o~1 lin, of ~old 150 ft. wide Dollo~. Po~or.
Lighl Company ROW:
THENCE North ~9°15'4J' East, deporting said Souih l/ne o~d alon~
· ~id East li~e, for o dis/anco of 71.75 il. Io o I/2' iran r~d
~ound !o~ corne~' on o clicular curve !o Ihe loll. of the
intersection of ~oid East fine vith the North line of said
Rivercho~ Drive;
TH~NC~ de~orllhq sold Eosl line ~na ~o~ said No~Th liae vllh
scid circulei culve to the left haying o ce~ir~ angle of
10"5~'08', o rodiut o1 ~5.00 ft., o fm~gent Ign~lb ef
ff., O~d ~ chord o1 Norlh 7~46'~Z'Eost 1~9.50 ft., for en arc
d~=tonco of 130.08 lt. lo a I/2' ;ran rod foond for cotter ct
poi~f of revers~ curvature 1o the Hght:
THENCE continuiog along ~oid North line ~h ~0id circular cu~ve
to the ~i~hl hovieg a cenlrol angle of 5OOJ~'5~". a rod~u~ of
455.00 ft.. a tangent length of ZIS,G7 ft., and a chord of North
~0~9'57' Eost ~6.B~ ft~ lor on arc distanc~ at 5~9.55 fl;
a 'x' 1oun~ ¢ul m brick payor tar ¢or~er al the Inle~secf[on al
said North line vifh the ~e~t line of se~ Mocorfhur Blvd.:
THENCE South Z7008'OI' West. deporting said Norlh line end
BEGINNING and containing 0.754~ Acres or 31,990.6 sq. fl. of land_
EXI-HBIT "B"
~/,, -' ·'; ' r, -- ~-' ~~/"
. -~ ; 'F:-' ~;;..';~;¢.'~
, - -~ ~; ~:::">~.':: ':~(~
¢¢'- ' 7 '"' ';.' ,'"'
¢ .,. -..;,; .. .
~ ¢ / ''~' . .: -' .- .
; F ~x',. - ...... . - ,,~ .... .
:l.i¢ _ · '"~"_" '. " ....~ ' "" ..~"" ¢'" " " . ~'~ ~ ,'
.. &~.~¢-~.
/
'- ~k'____ l' ~ ~ ~ '~' '' ~' / ~... . '
-.-.- : ~,~ ~":
-~ ; . . ~ , . ..,?' ,
. ' / ~ ;; . ~ l':;}"-j:'..'' .
..'o "' "
· .,. ~ .. · ., .... .'.,. , /
FIRST AMERICAN TITLE INSURANCE COMPA/~Y 005951 O
Exhibit ~ CF-Number 94R06448
BEING a tract of land situated in the J. Pettish Survey, Abstract No. 1139, and
the S.A. and M.G.R.R. Suz-vey, Abstract No. 1442, City of Coppell, Dallas
County, Texas, and being a portion of that certain 16.741 acre tract conveyed
to Vista Partners by instrument of record in Volume 93184, Page 4526 of the
Deed Records of Dallas County, Texas, and being more particularly described by
metes and bounds as follows:
BECINNING at a 1/2" iron rod found for the southeast corner of the above
mentioned 16,741 acre tract of land from which a 1/2" iron rod found bears
North O0 degrees 07 minutes 27 seconds East, 0.38 feet:
THENCE along the south line of said 16.741 acre tract of land, South 89 degrees
05 minutes 58 seconds West a distance of 947.66 feet to a 1/2" iron rod found
for an interior ell corn~? of that certain 12.9798 acre tract ('Tract
conveyed to PPG Estates, Ltd.. bY instrument of record in Volume 92118, Page 573
of the Deed Records of'Dallas County, Texas;
THENCE along the common line of said "Tract i-D" and said 16.741 acre tract the
following two (2) courses:
(1) North O0 degrees 02 minutes 48 seconds East a distance of 210.O0 feet along
a wire fence to a 1/2' iron rod found for corner;
(2) South 89 degrees 05 minutes 58 seconds Uest a distance of 112.56 feet along
a partially down fence to a 1/2" iron rod found for corner on the east
right-of-way line of MacArthur Boulevard (100'
THENCE along said east right-of-way line the following two (2) courses:
(1) North O0 degrees 54 minutes 02 seconds West a distance of 12.76 feet to a
i/2" iron rod found for a point of curvature;
(2) 196.84 feet along the arc cf a tangenz curve to the right, having a radius
of llOC.O0 feet, a central angle of 10 degrees 15 minutes i1 seconds, and a
chord bearing and distance of North 04 degrees 13 minutes 33 seconds East,
196.58 feet to a 1/2" iron rod set for a point of tangency;
THENCE departing said east right-of-way line South 62 degrees 21 minutes 33
seconds East, a distance of 143.98 feet to a 1/2" iron rod set for a point of
cu~-vature;
THENCE 330.96 feet along the arc of a tangent curve to the left, having a
radius of 689.13, a central angle of 27 degrees 31 minutes O0 seconds, and a
chord bearing and distance of South 76 degrees 07 minutes 03 seconds East,
327.79 feet to a 1/2" iron rod set for corner;
THENCE South 89 degrees 52 minutes 33 seconds East, a distance of 277.03 feet
FIRST AMERICAN TITLE INSURANCE COMPANY 005951 0
Exhibit ~ (Continued) CF-Number 94R06448
to a 1/2' iron rod set for corner;
THENCE North 00 de~rees 07 minu~es 27 seconds East, a distance of 444.0? feet
to a 1/2' iron rod set in the south line of a 10.000 acre tract of land
described in a deed to Carroll~on - Farmer's Branch Independent School
District, recorded in Volume 89075, Pa~e 274 of the Deed ~ecords of Dallas
County, Texas;
THENCE South 89 de§rees 52 minutes 33 seconds East a distance of 323.40 feet to
a 5/8' iron rod found for corner in a fence line, said iron rod bein
West line of the David Myers Sur~ey, Abstract No. 886 and the Uest property
line of that certain 34.6054 acre trac~ conveyed to Sandy/Mac Partners, Led. by
instrument of record in Volume 93071, Pa&e 161, Deed Records, Dallas County,
Texas;
T}{ENCE South 00 de§tees 07 minutes 27 seconds Uest and alonE said fence and
West property line a distance of 699.&7 feet to a POINT OF BEGINNING and
containing 9.7&13 acres, 729,256 square feet of land area, more or less, within
these metes and bounds.
NOTE: The Company is prohibited from insuring the area or quantity of the
land described herein. Any statement in ~he above leEal description of =he
area or quantity of land is no£ a representation that such area or quantity
is correct, but is made only ~or informational and/or identification purposes
and does not override Item 2 of Schedule B hereof.
' ':* LAWYERS TITLE INSURANCE CORPORATION
. .::~:i .~'
BEING a tract of land situated in the S.A. & M.G. SURVEY, ABSTP. ACT NO.
1442, and the JA/~2~S PA/~RISH SURVEY, ABSTRACT NO. 1139, in the City of
Coppel%, DALI~A~ County, Texas, said tract being a part of that certain
tract conveyed to Terra Corp,.rate Joint Venture as recorded in Volume
85072, Page 4454, Deed Records of DALI2%S County, Texas, and being more
particularly described as follows:
BEGINNING at a 1/2 inch iron rod with NDM plastic cap found for corner on
the East Right-of-Way line of MacAr~hur Boulevard {!i0 fcc= right-of-way),
said iron rod being %he Southwest corner of a ~9~t 5once,ed t9 L % ~_Lagd
Corporation as recorded in Volume 80242, Page ~J~u, ueeQ KecorQs cz u~u~
County, Texas;
T.HENCE North 89 degrees 03 minutes 24 seconds East, departing said East
line and alqng the ~outh line of said L & N tract for a distance of 88.37
feet to a 1/2 inch iron rod found for corner;
THENCE South 00 degrees 02 minutes 08 seconds West, continuing alon~ said
South line of said L & N tract for a distance of 209.92 feet £o a 1/2 inch
£ron rod found for corner;
THENCE North 89 degrees 02 minutes 34 seconds East, continuing ~long said
South line of said L & N tract a distance of 657.38 feet =o a 1/2 inch iron
rod with NDM plastic cap set for corner;
THENCE South 29 degrees 13 minutes 41 seconds West, 90~.60 feet to a 1/2
inch iron rod with NDM~plastic cap set for corner, ~ai~ iron rod being in
the East Right-of--Way l~ne of MacAruhur Bculevard and being in a
non-tangent cuz-ve to the right;
THENCE along said non-~an~ent curve to the right and with said East
Right-of-Way line an arc length of 778.77 fee{ to a 1/2 inch iron rod found
for corner, said curve having a central angle of 49 degrees 47 minutes 49
seconds, a radius of 896.05 ~eet¢ a tancent len~h of 415.90 feet, a chord
bearing of North 23 degrees 57 m~nutes !9 seconds West, and a chord length
of 754.49 feet;
THENCE North 00 degrees 56 minutes 36 seconds East, 301.81 feet with said
East Right-of-Way line ~o =he POINT OF BEGINNING and CONTAINING 8.5000
acres (37C,260 square feet) of land, more or less.
~OTE: The Company is prohibited from insuring the area or quantity of the
~and described herein. Any statement in the &hove legal description of ~he
area or quantity of land is not a representation that such area or quantity
is correct, but is made only for infSrmation and/or identification purposes
and does not override Item 2 of Schedule B hereof.
Case No. 94 WW 350691-W (00013) DOC~ !
EXHIBIT "C"
:,
l
" EXHIBIT "D"
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DI¥ISION
CED CONSTRUCTION, INC., CED §
CAPITAL HOLDINGS III, LTD. §
AND DALLAS AREA AFFORDABLE §
PARTNERS IV, L.P., §
Plaintiffs, §
v. §
§ CIVIL ACTION NO.
THE CITY OF COPPELL, TEXAS § 3: 94-C-1376-H
TOM MORTON AS MAYOR OF THE §
CITY OF COPPELL, GARY L. SIEB §
AS DIRECTOR OF PLANNING AND §
COMMUNITY SERVICE. S, THE CITY §
COUNCIL, and THE PLANNING AND §
ZONING COMMISSION, IN -THEIR §
OFFICIAL CAPACITIES, §
Defendants. §
FINAL JUDGMENT
This cause came before this Court on this _ day of , 1995, upon the request of the
parties, Plaintiffs, CED Construction, Inc., CED Capital Holdings HI, Ltd. and Dallas Area
Affordable Partners, IV, L.P. (collectively, the "CED Plaintiffs"), and Defendants, the City of
Coppell, Texas'CCoppell"), Tom Morton as Mayor of Coppell, Gary L. Sieb as Coppell's
Director of Planning and Community Services, Coppell's City Council, and Coppell's Planning
and Zoning Commission (the "Coppell Defendants"). The Court has been informed that (1) the
parties have settled this matter in accordance with the provisions of the Settlement Agreement
dated , 1995 which had been executed by the parties (the 'Settlement Agreement") and
(2) that the parties have complied wi~ al', of the provisions of fi'tis Court's , 1995
Order Approving Settlement Agreement and Ordering Approvals, lind is otherwise fully advised
in the premises.
IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED that:
1. This action is dismissed with prejudice.
2. This Final Judgment may not be used to bar, pursuant to the doctrines of re_~s
judicata or collateral estoppel, to the filing of a~ action by either of the parties for breach of the
Settlement Agreement.
3. Each party shall bear the costs and attorneys' fees which it has incurred..
ORDERED and ENTERED this . day of . 1995.
BAREFOOT SANDERS
UNITED STATES DISTRICT JUDGE
NORTHERN DISTRICT OF TEXAS
cc: All Counsel of Record
EXHIBIT "E"
Ma,in number of
William P.
Pa all (214) ~-22~ ir y~ do n~ rKelve ail
....................................
F'AC~ILE - iN I ~.RO~I~
TRANSMISSION REPORT
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