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Amberpoint BP-CN011204STATE OF TEXAS § COUNTY OF DALLAS § DEVELOPMENT AGREEMENT This AGREEMENT is made and entered into as of the 4th day of December, 2001, by and between the City of Coppell, Texas, a Home Rule City (the "City"), and AMBERPOINT AT COPPELL, L.L.C., a Delaware limited liability company, formerly known as BALLANTYNE JACK, L.L.C. ("APC"): RECITALS WHEREAS, APC is the owner of a light industrial tract of land located along the south side of Sandy Lake Road and west of State Road, as more particularly described in Exhibit "A" attached hereto (the "Property") (the Property is proposed to be named "AmberPoint Business Park at Coppeli"); and WHEREAS, the City, subject to the terms and conditions of this AGREEMENT, desires to (i) acquire that certain right-of-way more particularly described in Exhibit "B" attached hereto (the "SL ROW"), located along Sandy Lake Road adjacent to the Property; (ii) acquire that certain right-of-way more particularly described on Exhibit "B-I" attached hereto (the "SR ROW") along State Road adjacent to the Property, and (iii) cause the extension of Northpoint Drive from the existing eastern termination of Northpoint Drive, easternly and northernly, to Sandy Lake Road for a distance of approximately 2880 linear feet (the "NPD Extension") and dedication of the right of way, more particularly described on Exhibit C attached hereto, along the NPD Extension (the "NPD ROW"); and WHEREAS, APC, subject to the terms and conditions of this AGREEMENT, agrees to (i) dedicate by plat, to the City for the benefit of the public each of the SL ROW, the SR ROW and the NPD ROW, and (ii) construct the NPD Extension on the NPD ROW as consideration for a credit against all existing and future roadway impact fees assessed, or to be assessed, by the City against the Property in an amount not to exceed $1,798,950.00. NOW THEREFORE, in consideration of ten dollars ($10.00), the mutual covenants herein set forth, and other valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the City and APC agree as follows: 1. On or before December 31, 2001, Ballatyne shall deliver for dedication by plat the SL ROW, the SR ROW and the NPD ROW, and the City shall accept same, for the benefit of the public. 2. On or before August 2, 2003, APC shall construct the NPD Extension on the NPD ROW, subject to reasonable delays, substantially in accordance with the criteria attached hereto as Exhibit "D". Notwithstanding anything to the contrary and for the avoidance of doubt, nothing herein shall be construed to obligate APC to construct any improvements on the SL ROW or the SR ROW. 3. Upon (i) delivery for recordation of the plat for the SL ROW, the SR ROW and the NPD ROW (the "Plat"), and (ii) construction of the NPD Extension, the City shall establish a credit (the "Credit") for the benefit of APC, as the owner of the Property, in an amount equal to the sum of (A) the product of (1) one dollar and seventy-five cents ($1.75), times (2) the aggregate square feet of the SL ROW, the SR ROW and NPD ROW, plus (B) the aggregate cost of -2- engineering plans for the NPD Extension, plus (C) the aggregate costs of paving and drainage for the NPD Extension [such amount currently estimated to be an aggregate amount of One Million Seven Hundred Ninety-Eight Thousand Nine Hundred Fifty and No/100 Dollars ($1,798,950.00), provided, that such amount, as an estimate, is subject to changes to reflect the actual cost of construction of the NPD Extension]. The Credit shall apply against all existing and future roadway impact fees assessed, or to be assessed, by the City (the "Assessments") against the Property, APC or APC's successors, as the owner of all or a portion of the Property. Notwithstanding anything to the contrary set forth herein, the parties acknowledge and agree that (i) the City shall have no obligation to condemn any property or be liable for any costs in connection with the delivery of the Plat or the construction of the NPD Extension, (ii) if the Credit exceeds the Assessments or if impact fees are not assessed against the Property, the City shall have no obligation to pay or refund in cash or cash equivalents the remaining portion of the Credit to APC or its successors, (iii) APC shall have the right to apportion the Credit to all or any portion of the Property in its sole discretion (such apportionment to be evidenced by an instrument recorded in the Real Property Records of Dallas County, Texas), except to the extent that any portion thereof is conveyed to a third party not affiliated with APC in which case such portion shall receive a pro rata share of such Credit, and (iv) the only penalty for APC's failure to construct the NPD Extension will be the delay of credit for the NPD Extension until the failure is corrected. Additionally, if APC does not acquire certain real property referred to as Tract IV on Exhibit A, the City hereby agrees to dedicate -3- as a part of the NPD ROW or to convey to APC for dedication as a part of the NPD ROW at no additional cost to APC of approximately 1,700 square feet of the real property immediately south of Tract I on Exhibit A. NOTICE 4. All notices required by this AGREEMENT shall be addressed to the following, or other such other party or address as either party designates in writing, by certified mail, postage prepaid or by hand delivery: If intended for APC to: Transwestem Commercial Services Attn: Henry Knapek 5001 Spring Valley, Suite 600W Dallas, TX 75244 and AMBERPOINT AT COPPELL, L.L.C. c/o Amber Jack, Ltd. Attn: John Higgins One State Farm Plaza E-10 Bloomington, IL 61710 If intended for City to: City of Coppell, Texas City Manager P.O. Box 478 Coppell, Texas 75019 SUCCESSORS AND ASSIGNS 5. This AGREEMENT shall be binding on and inure to the benefit of the parties to it and their respective heirs, executors, administrators, legal representatives, successors, and assigns. -4- SEVERABILITY 6. In the event any section, subsection, paragraph, sentence, phrase or word herein is held invalid, illegal or unconstitutional, the balance of this AGREEMENT shall be enforceable and shall be enforced as if the parties intended at all times to delete said invalid section, subsection, paragraph, sentence, phrase or word. GOVERNING LAW 7. The validity of this AGREEMENT and any of its terms and provisions, as well as the rights and duties of the parties, shall be governed by the laws of the State of Texas; and venue for any action concerning this AGREEMENT shall be in State District Court of Dallas County, Texas. ENTIRE AGREEMENT 8. This AGREEMENT embodies the complete agreement of the parties hereto, superseding all oral or written, previous and contemporary agreements between the parties and relating to the matters in this AGREEMENT, and except as otherwise provided herein cannot be modified without written agreement of the parties to be attached to and made a part of this AGREEMENT. AGREEMENT RUNS WITH THE LAND 9. The provisions of this AGREEMENT are hereby declared covenants running with the land and are fully binding on all successors, heirs, and assigns of APC who acquire any right, title, or interest in or to the Property or any part thereof. Any person who acquires any right, title, or interest in or to the Property, or any part hereof, thereby agrees and covenants to abide by and fully -5- perform the provisions of this AGREEMENT with respect to the right, title or interest in such property. INCORPORATION OF RECITALS 10. The determination recited and declared in the preambles to this AGREEMENT are hereby incorporated herein as part of this AGREEMENT. EXItIBIT 11. All exhibits to this AGREEMENT are incorporated herein by reference for all purposes wherever reference is make to the same. -6- /3/ EXECUTED in duplicate originals this the 4th day of December ,2001. CITY ~O~ELL, TEXAS By: Jim Witt, City Manager ATTEST: Libby Ball, City Secretary APPROVED AS TO FORM: Robert E. Hager, City Attorney APC: AMBERPOINT AT COPPELL, L.L.C., a Delaware limited liability company, formerly known as Ballantyne Jack, LLC By: AmberJack, Ltd., an Arizona Corporation, its managing member By: , ~ Name: oa,na G. ~raves Title: PRESIDENT Title: -7- CITY MANAGER'S ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF DALLAS § 2001 by Jim Witt, City Manager of the City of Coppell, Texas, a municiPal cc~poration, on behalf of said corporation. ~State of Texas ,,,'",'xss¥ ~';% My commission Expires: · *- **~ A //'~/?q -.. ~k~ .*: . _ _-- % '.._~r~ o~ x**~." ",,,,,~: ~ ~ . 2~%,,'~ Iii'ill i it%%1'~ -8- STATE OF ILLINOIS § COUNTY OF MCLEAN § This instrument was acknowledged before me on the 4th day of December, 2001, by David C. Graves, President of AmberJack, Ltd., ~ Arizona co~oration, ~ the m~aging member of AmberPoint at Coppell, L.L.C., a Delaw~e limited liability comply, fo~erly ~o~ ~ Ballantyne Jack, LLC, on behalf of said co~oration ~d limited liability comply. I I I ~ ~mmiss~ Ex~ ~11~ZI · ' ..... ~ Not~ Public, State of Illinois My Co~ission Expires: STATE OF ILLINOIS § COUNTY OF MCLEAN § This instrument was acknowledged before me on the 4th day of December 2001, by John R. Higgins, Vice President of Amber Jack, Ltd., an Arizona corporation, as the managing member of AmberPoint at Coppell, L.L.C., a Delaware limited liability company, formerly known as Ballantyne Jack, LLC, on d limited liability company, t~y~,~_~.~ ? Notary Public, State of Illinois My Commission Expires: ,..C-ll- o ~ -9- EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY The Property described below on this Exhibit A is projected to be acquired by APC from various sellers. If the acquisition does not occur, this Agreement shall be void. If APC does acquire all of the Property, this Agreement shall only apply to that portion acquired by APC. The owners of the portions of the Property not acquired by APC shall have no right to use any Credits obtained hereunder by APC notwithstanding the fact that their property is described on this Exhibit A. BEING a tract of land out of the Jesse Moore Survey, Abstract No. 968 in the City of Coppell, Dallas County, Texas, and being all of a tract of land described in deed to Horace Thompson Ardinger, JR., recorded in Volume 95064, Page 4709 of the Deed Records of Dallas County, Texas (D.R.D.C.T.), and all of a tract of land described in deed to Ballantyne Jack, L.L.C., recorded in Volume 2001173, Page 3803, (D.R.D.C.T.), and being more particularly described as follows: BEGINNING at a 1/2-inch found iron rod with cap stamped Brittain & Crawford in the centerline of Northpoint Drive (80 foot right-of-way), said point being the northwest comer of a tract of land described in Special Warranty Deed to the City of Coppell as recorded in Volume 96164, Page 207, D.R.D.C.T., and being in the east line of Freeport North Addition, an addition to the City of Coppell, as recorded in Volume 84203, Page 1835, D.R.D.C.T.; THENCE North 00 degrees 07 minutes 07 seconds East, along said east line, a distance of 522.82 feet to a 1-inch found iron pipe for comer; THENCE South 89 degrees 57 minutes 02 seconds East, along the most northeasterly south line of said Freeport North Addition, a distance of 349.95 feet to a 5/8-inch found iron rod for comer; THENCE North 00 degrees 56 minutes 17 seconds West, along the east line of said Freeport North Addition, a distance of 90.42 feet to a 1/2-inch found iron rod for comer; THENCE North 89 degrees 46 minutes 32 seconds West, along the north line of said Freeport North Addition, a distance of 2.29 feet to a 1/2-inch found iron rod for the southeast comer of Hager Containers Addition, an addition to the City of Coppell, as recorded in Volume 88206, Page 3786, D.R.D.C.T.; THENCE North 00 degrees 07 minutes 49 seconds East, along the east line of said Hager Containers Addition, passing a 1/2-inch found iron rod at a distance of 336.65 feet for the northeast comer of said Hager Containers Addition and the southeast comer of Four Seasons Addition, an addition to the City of Coppell, as recorded in Volume 91139, Page 2187, D.R.D.C.T., and continuing along said Four Seasons Addition for a total distance of 1,327.98 feet to a 1/2-inch found iron rod for comer on the south right-of-way line of Sandy Lake Road (variable width right-of-way); -10- THENCE South 89 degrees 43 minutes 31 seconds East, along said south right-of-way line, a distance of 328.87 feet to a 1/2-inch found iron rod for comer; THENCE South 00 degrees 09 minutes 52 seconds West, continuing along said south right-of- way line, a distance of 3.60 feet to a found 60D nail in a fence post for comer; THENCE South 89 degrees 44 minutes 26 seconds East, continuing along said south right-of- way line, a distance of 2,017.73 feet to a 1/2-inch found iron rod with cap stamped Brittain & Crawford at the intersection of said south right-of-way line with the west right-of-way line of State Road (variable width right-of-way); THENCE South 00 degrees 13 minutes 41 seconds East, along said west fight-of-way line, a distance of 1,560.10 feet to a 1/2-inch found iron rod with cap stamped Brittain & Crawford for comer; THENCE South 00 degrees 31 minutes 15 seconds West, continuing along said west right-of- way line, a distance of 356.43 feet to a 1/2-inch found iron rod with cap stamped Brittain & Crawford for comer; THENCE North 89 degrees 28 minutes 45 seconds West, continuing along said west right-of- way line a distance of 20.00 feet to a 1/2-inch found iron rod with cap stamped Brittain & Crawford for comer; THENCE South 00 degrees 31 minutes 15 seconds West, continuing along said west right-of- way line a distance of 22.58 feet to a 1/2-inch found iron rod with cap stamped Brittain & Crawford for the northeast comer of said City of Coppell tract; THENCE North 89 degrees 44 minutes 06 seconds West, departing said west right-of-way line and along the north line of said City of Coppell tract, a distance of 2,679.64 feet to the POINT OF BEGINNING AND CONTIANING 4,742,058 square feet or 108.9 acres of land, more or less. -11- EXHIBIT "B" LEGAL DESCRIPTION OF RIGHT-OF-WAY for SANDY LAKE ROAD BEING a tract of land out of the Jesse Moore Survey, Abstract No. 968 in the City of Coppell, Dallas County, Texas, and being part of a tract of land described in deed to Horace Thompson Ardinger, JR., recorded in Volume 95064, Page 4709 of the Deed Records of Dallas County, Texas (D.R.D.C.T.), and part of a tract of land described in deed to Ballantyne Jack, L.L.C., recorded in Volume 2001173, Page 3803, (D.R.D.C.T.), and being more particularly described as follows: COMMENCING at a 1/2-inch found iron rod with cap stamped Brittain & Crawford in the centerline of Northpoint Drive (80 foot right-of-way), said point being the northwest comer of a tract of land described in Special Warranty Deed to the City of Coppell as recorded in Volume 96164, Page 207, D.R.D.C.T., and being in the east line of Freeport North Addition, an addition to the City of Coppell, as recorded in Volume 84203, Page 1835, D.R.D.C.T.; THENCE South 89 degrees 44 minutes 06 seconds East, along the north line of said City of Coppell tract, a distance of 2,679.64 feet to a 1/2-inch found iron rod with cap stamped Brittain & Crawford on the existing west right-of-way line of State Road (variable width right-of-way); THENCE North 00 degrees 31 minutes 15 seconds East, along said existing west right-of-way line, a distance of 22.58 feet to a 1/2-inch found iron rod with cap stamped Brittain & Crawford for comer; THENCE South 89 degrees 28 minutes 45 seconds East, continuing along said existing west right-of-way line, a distance of 20.00 feet to a 1/2-inch found iron rod with cap stamped Brittain & Crawford for comer; THENCE North 00 degrees 31 minutes 15 seconds East, continuing along said existing west right-of-way line, a distance of 356.43 feet to a 1/2-inch found iron rod with cap stamped Brittain & Crawford for comer; THENCE North 00 degrees 13 minutes 41 seconds West, continuing along said existing west right-of-way line, a distance of 1,493.70 feet to the POINT OF BEGINNING, said point being on the proposed south right-of-way line of Sandy Lake Road; THENCE North 89 degrees 44 minutes 26 seconds West, departing said existing west right-of- way line and along said proposed south right-of-way line, a distance of 300.56 feet to a point for comer; THENCE North 00 degrees 15 minutes 34 seconds East, along said proposed south right-of-way line, a distance of 10.00 feet to a point for comer; -12- THENCE North 89 degrees 44 minutes 26 seconds West, along said proposed south right-of-way line, a distance of 1,717.63 feet to a point for comer; THENCE North 89 degrees 43 minutes 31 seconds West, along said proposed south right-of-way line, a distance of 328.84 feet to a point for comer on the east line of Four Seasons Addition, an addition to the City of Coppell, as recorded in Volume 91139, Page 2187, D.R.D.C.T.; THENCE North 00 degrees 07 minutes 49 seconds East, departing said proposed south right-of- way line and along said east line, a distance of 60.00 feet to a 1/2-inch found iron rod for comer on the existing south right-of-way line of Sandy Lake Road (variable width fight-of-way); THENCE South 89 degrees 43 minutes 31 seconds East, along said existing south right-of-way line, a distance of 328.87 feet to a 1/2-inch found iron rod for comer; THENCE South 00 degrees 09 minutes 52 seconds West, continuing along said existing south right-of-way line, a distance of 3.60 feet to a found 60D nail in a fence post for comer; THENCE South 89 degrees 44 minutes 26 seconds East, continuing along said existing south right-of-way line, a distance of 2,017.73 feet to a 1/2-inch found iron rod with cap stamped Brittain & Crawford at the intersection of said existing south right-of-way line with the existing west right-of-way line of said State Road; THENCE South 00 degrees 13 minutes 41 seconds East, along said existing west right-of-way line, a distance of 66.40 feet to the POINT OF BEGINNING AND CONTIAINING 136,547 square feet or 3.135 acres of land, more or less. -13- ~POINT OF STATE ROAD NOO'31'lS"E S89'28'45'E 500'13'41'E ~ BEGINNING i(VARIABLE WIDTH R.O.W,)~---I 356.43'-~ 20.O0'--; NOO'31'15'E , 66.40' _--~ ................... ~£L~- ---~'~-- .... \ ' --.~__~ 22 58' ~ NOO'~'~'w ~ [ ]~jo'] ...... ~ · .......... - ........ J J DEDICATION ~J ~/ W/BRITTAIN & IJ,'F'R ~ j' CRAWF~D CAP Il ~ .N89'44'26"W / u,o'HIKE & BIKE PATH ~l ~/ ' i j ~ ~ ~, J EASEMENT CR~WFORO CAP ...... ~T.P.& L. EASEMENT I j I VOL. 1992, PC. 431 ~ ~ ~ z ~ ~ 9 ~~,1~XNO0 , ~ j ' < ~ 15'34'E SCALE: 1"=300' e ~ I ' ~10.00' o ~oo ~ 300 450 ~oo ' ~ J l ~ SCALE IN FEET , ~ -- , / /~ ~ ~PROJE~ ~ ' ~ = ~ LOT 2 .'. /~* ~ ~,~.~n~ o ~ ~ J I ~ / / ~ NORTN ~ ~s~ u J ~ ~ BLOCK A , ~ q~/~,,[ ~o. . I . ~ pROPOSED ~ ~ ~1 ~ i LOTS Z. BL0C A , PROPOSED ~, z AMBERPOINT BUSINESS ~ ~/~////~ i ~G~F-WAY ~ - PARK AT COPPEtL , DEDICATION ~ [ ~ '~ ' 136,547 SO. FT.~ j ~ AN ADDITION TO '~RTHPOIN~. J ~ THE CITY OF COPPELL ~ ~~~(Z 3.135 ACRES ~ i ~ ~ g b ~ALL~NI~Ut JAC~.L.L.C. LOCA~ON ~ ' I il ,-I = ~ ~E LOTS I AND 2, BLOCK A J V,'FZR. %<o AMBERPOINT BUSINESS I . ~/~TTNN ~N> POINT OF COMMENCING~ ~ soo.og,52.w iI~I ~ PARKAN ADDITIoNAT COPPELLTo~(c~ '/" ~'~ ~' ........ 328.87'~ VOL. ~2o3, P~. HORACE IHOgPSON ARDINGER. JR. ' KELLER IELEPHONE ~ CO. EASEMENT ~ ', : II ~ ~VOL. 95064, PO. 4709 VOL. 5141, PG, 357 ~ 30' WIDE PERMANENT ~ I ~ ~20' WIDE UTILITY EASEMENT ~ VOL. 99147, PG. 807 60.00' R.O.W ~ a ~ J UTILITY EASEMENT , ~VOL. 99147, PG. 812 DEDICATION j ~ - ~ ~ NOO'OT'49"E [ ~,327.98' ~~[~[~ "~" Vz' F.~.R.~ ~~- ........... ~ ....... 0 I OF z ,,~ ~0'07'49"E FOUR SEASONS ADDITION SANBY LAKE ROAB PROPOSEB I , 60.00' VOL. ~.3~. P~. m~ RIGHT-OF-WAY DEDICATION SITUATED IN THE ~ JESSE MOORE SURVEY, ABSTRACT No. 968 ROYAL LANE CITY OF COPPELL~ DALLAS COUNTY , TEXAS LEGEND aDO' R.O.W.) FOR I/Z' F.l.R. I/Z'FOUND ~RON ,00 ~BE~O[NT AT COPP~LL, kL.C. deed to Horace Thompson Ardlnger, JR.,recorded BY HALFF ASSOCIATES, INC. ~GI~ERS & S~VEY~S In Volume 95064, Page 4709 of the Deed Records 86t6 NORTHWEST PLAZA DRIVE - O~LAS T~AS 75225 of Dallas County, Texas, SCALE 1'=300' (214)346-6Z00 AVO 19944 ~TOBER, 2001 EXHIBIT "B-I" LEGAL DESCRIPTION OF RIGHT-OF-WAY for STATE ROAD BEING a tract of land out of the Jesse Moore Survey, Abstract No. 968 in the City of Coppell, Dallas County, Texas, and being part of a tract of land described in deed to Ballantyne Jack, L.L.C., recorded in Volume 2001173, Page 3803 of the Deed Records of Dallas County, Texas (D.R.D.C.T.), and being more particularly described as follows: COMMENCING at a 1/2-inch found iron rod with cap stamped Brittain & Crawford in the centerline of Northpoint Drive (80 foot fight-of-way), said point being the northwest comer of a tract of land described in Special Warranty Deed to the City of Coppell as recorded in Volume 96164, Page 207, D.R.D.C.T., and being in the east line of Freeport North Addition, an addition to the City of Coppell, as recorded in Volume 84203, Page 1835, D.R.D.C.T.; THENCE South 89 degrees 44 minutes 06 seconds East, along the north line of said City of Coppell tract, a distance of 2,664.64 feet to the POINT OF BEGINNING, said point being on the proposed west right-of-way line of State Road; THENCE North 00 degrees 31 minutes 15 seconds East, departing said north line and along said proposed west right-of-way line, a distance of 378.85 feet to a point for comer; THENCE North 00 degrees 13 minutes 41 seconds West, along said proposed west right-of-way line, a distance of 1,493.77 feet to a point for comer; THENCE South 89 degrees 44 minutes 26 seconds East, departing said proposed west right-of- way line, a distance of 35.00 feet to a point for comer on the existing west fight-of-way line of State Road (variable width right-of-way); THENCE South 00 degrees 13 minutes 41 seconds East, along said existing west right-of-way line, a distance of 1,493.70 feet to a 1/2-inch found iron rod with cap stamped Bfittain & Crawford for comer; THENCE South 00 degrees 31 minutes 15 seconds West, continuing along said existing west right-of-way line, a distance of 356.43 feet to a 1/2-inch found iron rod with cap stamped Brittain & Crawford for comer; THENCE North 89 degrees 28 minutes 45 seconds West, continuing along said existing west right-of-way line, a distance of 20.00 feet to a 1/2-inch found iron rod with cap stamped Brittain & Crawford for comer; THENCE South 00 degrees 31 minutes 15 seconds West, continuing along said existing west fight-of-way line, a distance of 22.58 feet to a 1/2-inch found iron rod with cap stamped Brittain & Crawford for the northeast comer of said City of Coppell tract; -14- THENCE North 89 degrees 44 minutes 06 seconds West, departing said existing west right-of- way line and along the north line of said City of Coppell tract, a distance of 15.00 feet to the POINT OF BEGINNING AND CONTAINING 65,091 square feet or 1.494 acres of land, more or less. -15- a CALLED 50' R.O.W 66 40' R 0 W DEDICATION~ S89'44'26'E · ' ' / ' - ' ' ' cas. /""////~' PROJECT S · 2.017.73 J. ' ~ / ! /,,~ .o.,. '-------:'--=-- , T.P.& L. EASEMENT-~ ~ NORm POt 10' HIKE & BIKE PATH--H~'k LOCATION MAP EASEMENT g ~--~ ! NOT TO SCALE Nos~**c~°'965 ~s'°°'R'°'w .---hi.. ~ DEDICATION ~ I ~ ', Sx.xx. qe.;~, ,,rll~,' STATE ROAD PROPOSED '"'~ I I~--' RIGHT-OF-WAY ' ' ' DEDICATION ~e~sse' ~'O0'~e'LOW 2 !ii, ~. ~s,os~ so. FT. A h N ACRES PROPOSED LOTS 1 AND 2, BLOCK AJ I :'r~' ^~BER.O~.T BUS~ESS PARK AT CO...~ D - - ~x ~,o'~.o.~ vol ~oo,~. ,~. ~.o~ ~1 (DE~ON) ~ o loo ~oo 300 I1 40' R.O.W l] 30' SANITARY ~ ,/~r,,~ · CAP zon~ 'x' II -VOL. ~sl.2. ~. l~Sz ~ S00'31'15'W (UNSHADED) II ,0,.2, c~ - o.oo' t · ~~v,'.~. ~ _ S00'31'lS'W ~TT~ & FLOOD Z~NE LIMIT LINES ~ CAP (APPROXIMATE LOCATION-AS SCALED FROM FEMA FLOOD [ W/~TTA~ INSURANCE MAP PANEL 480170-0135 J ~ CRA~F~D CITY OF COPPELL DATED: AUG. 23, 2OOD ~ CAP VOL. 96164, PG. 207 ~ POINT OF BEGINNING': E~IBIT "B-I" LEGEND SITUATED IN THE dESSE ~OORE SURVEY, ABSTRACT No. 96B F.I.R. FOUND IRON ROD CITY OF COPPELL, DALLAS COUNTY , TEXAS ~ FOR ~B~OI~ AT ~O~LL, LLO. BO~I~ Of Beorlngs I~ o troot of Iond de~orlbed In ~S~S~ CO~~~ ~C~ deed iD Horooe Thompson Ardlnger. dR.. recorded BY In Volume 95064. Pog~ 4709 o~ lh~ Deed Records ~ALFF AS~A~. ~C. ~S & S~VEY~S of Oollos County, Texos, 8616 N~THW~T ~AZA DRIVE - D~LAS ~AS 75225 SCALE 1~3OO' ~14)346-62~ AVO 19944 OCTOB~ EXHIBIT "C" LEGAL DESCRIPTION OF RIGHT-OF-WAY for NORTHPOINT DRIVE BEING a tract of land out of the Jesse Moore Survey, Abstract No. 968 in the City of Coppell, Dallas County, Texas, and being part of a tract of land described in deed to Ballantyne Jack, L.L.C., recorded in Volume 2001173, Page 3803, (D.R.D.C.T.), and being more particularly described as follows: BEGINNING at a 1/2-inch found iron rod with cap stamped Brittain & Crawford in the centerline of Northpoint Drive (80 foot fight-of-way), said point being the northwest comer of a tract of land described in Special Warranty Deed to the City of Coppell as recorded in Volume 96164, Page 207, D.R.D.C.T., and being in the east line of Freeport North Addition, an addition to the City of Coppell, as recorded in Volume 84203, Page 1835, D.R.D.C.T.; THENCE Noah 00 degrees 07 minutes 07 seconds East, along said east line, a distance of 30.00 feet to a point on a non-tangent circular curve to the left, having a radius of 410.16 feet and whose chord bears North 75 degrees 33 minutes 23 seconds East, a distance of 220.98 feet, said point being on the proposed north right-of-way line of Northpoint Drive (60 foot wide); THENCE Northeasterly, along said proposed noah right-of-way line and along said circular curve to the left, through a central angle of 31 degrees 15 minutes 17 seconds and an arc distance of 223.74 feet to the point of reverse curvature of a circular curve to the right, having a radius of 480.00 feet and whose chord bears North 74 degrees 58 minutes 11 seconds East, a distance of 249.12 feet; THENCE Northeasterly, continuing along said proposed north right-of-way line and along along said circular curve to the right, through a central angle of 30 degrees 04 minutes 52 seconds and an arc distance of 252.01 feet to the point of tangency; THENCE South 89 degrees 59 minutes 23 seconds East, continuing along said proposed north right-of-way line, a distance of 315.43 feet to 'the point of curvature of a circular curve to the left, having a radius of 420.00 feet and whose chord bears North 45 degrees 02 minutes 07 seconds East, a distance of 593.71 feet; THENCE Northeasterly, along said proposed northwest right-of-way line and along said circular curve to the left, through a central angle of 89 degrees 57 minutes 00 seconds and an arc distance of 659.37 feet to the point of tangency; THENCE North 00 degrees 03 minutes 37 seconds East, along said proposed west right-of-way line, a distance of 1,307.69 feet to a point for comer; -16- THENCE South 89 degrees 44 minutes 26 seconds East, along said proposed north right-of-way line, a distance of 60.00 feet to a point for comer; THENCE South 00 degrees 03 minutes 37 seconds West, along said proposed east right-of-way line, a distance of 1,307.49 feet to the point of curvature of a circular curve to the right, having a radius of 480.00 feet and whose chord bears South 45 degrees 02 minutes 07 seconds West, a distance of 678.53 feet; THENCE Southwesterly, along said proposed southeast right-of-way line and along said circular curve to the right, through a central angle of 89 degrees 57 minutes 00 seconds and an arc distance of 753.56 feet to the point oftangency; THENCE North 89 degrees 59 minutes 23 seconds West, along said proposed south right-of-way line, a distance of 315.43 feet to the point of curvature of a circular curve to the left, having a radius of 420.00 feet and whose chord bears South 74 degrees 58 minutes 11 seconds West, a distance of 217.98 feet; THENCE Southwesterly, continuing along said proposed south right-of-way line and along said circular curve to the left, through a central angle of 30 degrees 04 minutes 52 seconds and an arc distance of 220.51 feet to the point of reverse curvature of a circular curve to the right, having a radius of 470.16 feet and whose chord bears South 64 degrees 47 minutes 58 seconds West, a distance of 79.84 feet; THENCE Southwesterly, continuing along said proposed south right-of-way line and along said circular curve to the right, through a central angle of 09 degrees 44 minutes 27 seconds and an arc distance of 79.93 feet to a point for comer on the north line of said City of Coppell tract; THENCE North 89 degrees 44 minutes 06 seconds West, along said north line, a distance of 171.88 feet to the POINT OF BEGINNING AND CONTAINING 164,789 square feet or 3.783 acres of land, more or less. -17- KELLER TELEPHONE CO. EASEMENT ~ S89'43'31'E SOO'09',52'W r-T.p.& L. EASEMENT VOL. 5141. PG. 357 m/-328.87,/ --3.60 /VOL. 1992.PG.431 ~A CALLED 50'R.O.W / ~ A~l / W/BRITTAIN & _S__A_N_D_Y__L. AKEI / ROAD_z~__(~R,ABLE W,DTH R.O.W.I / S89'44'26'E / WF.,.,. / ~ ~'~'~*~J J rCRAWFORO CAP : t EASEMENT I ' I , ~' I~ D'EDICA~I~' l, , , J \ VOL. 99147, PG. 812 I L60.O0' R.O.Wi DEDICATION - , I ' J ~ : ~ ~ I~ vol ~99Z PO ~)~ = , J J HORACE THOUPSON J ~ T,O ' ' ' mi J j ,, o ,4~ ~ i ARDINGER. JR. ' ~ ~1~ I0' HmKE & BIKE PATH ~ , ' ~ I EASEUENT I j vo~. ~o~, ~. ~o~ I ~, I m , ~l, I LOT 1 i0 100 200 ~00 ~! ]:¢O S?~~, O ~)~ 8ALLANTYNE JACK, L.L.C. ' ~ 0[~_ ~~ ~ VOL. 2001175, PG. 5805 i ~ouR sE~s0.s AOD,~,~ ~ o : ~ : ~,I PROPOSEDLO , '$}1 AND 2, BLOCK A ~ I ~ I. PER~ANENT AMBERPOINT BUSi l[~S PARK AT COPPELL ~1) ~ , ~) ~o'wmDE AN ADDITION TO T~E CITY OF COPPELL =i~,.F~. i UTILITY EASEMENT vo . ?.I ........... , ~l ~ OF PROPOSEDII ',~ ....... , OR , NO0.=~,,~.~ A= 89 57 00'/ J 3.783 ACRESm, - i R,o,w ~ S89'57'02'E ua ,.. , I , ,',,-.~ ~ on ,o, R: 420.00 / I, ~ ~, 34g.gs' ~'~... ~''~ T= 41g.63' ~ ' ~ , ~ ~, ~.~,~,,,,,,,~ .I ,_ =~.~,,~, L= 65e.~7'/ ~ I/I q ~ ~o, ,. ~;I~R.O.W ' =l ' .o.oo' : I ~ m, 410.16' l/= mzu.uu oo=a==o= /~',,/~~_ ~=o, Im .~~m 114.73'IL=252.01 F315.43 . . /, J,_ ~== ~, m 223.74' _ _ _~_ _ j ./~'./ ' ~ ~ C.~.=NTS')~'~'[ [ / _- /. ~-~ ~ > OI -- ~ -/ , L z__ -~" ~.- ~, ,~00'07'07'E' c.o.=~zo.se' --- ---C---~--~-_ ~ ~./ ~ ~m ' 30.00I i~~ ..... j DRIVE ,9 , 4'~6'~:~.~ ,8 (so' R.O.W.) 9'59'23"W 2,679.64' V,'r~.,~m--~ A= 30 04'52" ~ 315 43 Nag'44'O6'W ~S.~'~ ; POINT OF~= 0~'~4'27' R= 420.O0' CiTY OF COPPELL R= 470.16' T= 112.86' VOL. m~4. PC. 20~ 22.58'~ BEGINNING T= 40.06' L= 220.51' N89'44'O6'W L= 79.93' N89'28~5~ 171.88' : C.B.=SS4'47'5S'w 20-00'~ VOL. 84203. PG. 1835 ', ,' / / ~ ~ OF ' / /// ,, ~ ~.- ~ ~.=~ ~ NORTHPOINT DRIVE PROPOSED / //..~ .o.,. F[.neA~nN ~ RIGHT-OF-WAY DEDICATION Bosls of Bearings Is a /~ ~ ~ ~/////////~ JESSE MOORE SURVEY, ABSTRACT No. 968 troct of land descclbed [ ~ FOR Thompson Ardlnger. JR.. ] ~BE~OI~ AT COPPEL~ L.L.C. & recorded In Volume 950~4. ~TH ~I . Page 4709 Of the Deed T~S~S~ COMMERC~ SER~CES ~exos. LOCA~O~ ~ALFF ~ssoam~s. ~c. ~c~S ~ soRv[v~s ] NOT ~O~C~L[ 8~16 NORT~EST PLAZA D~VE - 0ALLAS I~A$ 15225 SCALE 1'=5~' (214)~46-6200 AV0 19944 ~TOB~, 2001 1~44 OGN=944EXHB-A.OGI EXHIBIT "C" COST BREAKDOWN FOR PAVING AND DRAINAGE The costs for the design and construction of Northpoint Drive extension and related public utility improvements (further described in Exhibit "D"- NPD Extension Criteria) is as follows: Engineering Design- Paving & Utilities Construction · Northpoint Drive- 2880 lf- 41 foot wide, 4-lane undivided · Associated 12" Water Line · Associated 8" Sanitary Sewer · Associated Storm Drainage Estimated Cost- $1,157,702 -18- EXHIBIT "D" (NPD Extension Criteria) The proposed design for the extension of North Point drive consist of approximately 2,880 linear feet of public road improvements that connect Sandy Lake Road (west of Royal lane) with the existing limits of North Point Drive located approximately 350 feet west of Royal Lane. The North Point Drive Extension will be designed as a 41 foot wide 4-lane undivided (class C4U) street. Sub-grade preparation, pavement section design and steel reinforcement will be in accordance with City of Coppell standards for a class C4U street described on sheet SD1 of the City of Coppell Standard Construction Details. A 60 foot wide right of way for the proposed improvements will be dedicated to the City of Coppell via plat. In addition, a 12-inch waterline, 8-inch sanitary sewer, and drainage improvements within the 41 foot wide limits of the proposed North point Drive Extension will be constructed in conjunction with the proposed pavement. All of the stated utilities will be dedicated as public utility improvements and will be designed and constructed in accordance with City of Coppell standards. -19-