ST0102-AG030114ACEND)k REQUEST FORM
DEPT: Engineering/Public Works
DATE: January 14, 2003
ITEM #: 8/D
ITEM CAPTION:
Consider approval of a Special Warranty Deed for the sale of an irregular piece of property adjacent to Lot 3,
Block A of the Duke-Freeport Addition and a portion o£ excess fight-of-way for Ruby Road to Texas Dugan
Limited Partnership; and authorizing thc Mayor to sign.
GOAL(S):
Illl
APPROVED BY
CITY COUNCIL
ON ABOVE DATE
Motion to Approve
M - Tunnell
5 - Peters
[Vote - 7-0
EXECUTIVE SUMMARY:
Approval of this item is the final step necessary to complete the transaction of the sale of the excess right-of-way
for Ruby Road and the irregular tract of land adjacent to it to Texas Dugan Limited Partnership in the amount of
$253;000.
Staff recommends authorizing the Mayor to execute the Special Warranty Deed and will be available to answer
any questions at the Council meeting.
FINANCIAL COMMENTS:
Agenda Request Form - Revised 09/02
FIN. REVIEW:
CM REVIEW:
Document Name: #Duke-lAR
Date: February 12, 2003
Sale From: City of Coppell
SELLER'S STATEMENT
Gi~ No.: 1043656
To: Du.ke Realty Lirmted Parmership, an Indiana limited
parmersh~p
Propel-t'v:
Tracll: 1.281 acres
Tract 2: 1.033 acres (abandonedr/w)
City of Coppell, Dallas County, Texas
Sales Price ........................................................................ $253,000.00
Rein~bu rsements/Cretlits
Total Reimbursements/Credits ..................................................... $0.00
Gross Amount Due to Seller . .......................................... $253,000.01)
Less: Charges and Deductions
Fees to Allegiance Title Conapany ............................................................. $287.00
Escrow Fee ....................................................... $150.00
Recording Fees ........................................................... $60.00
Tax Certificate ..................................................... $77.00
2000 Dcli~q~.tent Taxes
(Account No. 65150865510120000) (1 281 ac~es of land) to Dallas Countv Tax
Colleclor/Assessor . $2,350.34
2000 Delmquen~ Taxes
(Accou~lt No 65150865510120000) 1.03 acres of land to Dallas County Tax
Collector/Assessor . ..................................................... $2,350.34
Total Charges and Deductions .................................................. $4,98'7.68
Net Amount Due To Seller . ............................................ $248~012.32
SEE ATTACHED SIGNATURE PAGE
02/'1//3 (I :31 PM) Co~/plime~ts of Allegiance Title Company
Signature Page
To Seller's Statement
TITLE COMPANY
LLI
CERTIFICATE OF CITY SECRETARY
STATE OF TEXAS
COUNTY OF DALLAS
CITY OF COPPELL
I, Libby Ball, the undersigned, City Secretary of Coppell, Texas, a municipal corporation, in
the performance of the functiom of my officer hereby certify that the attached document is
a true and correct copy of Ordinance No. 2002-1014 passed at the City Council meeting of
September 24, 2002 which ordinance abandons a portion of west Ruby Road right-of-way
adjacent to Lot 1, Block A of Duke Freeport Addition; and that I am the lawful possessor
and have legal custody of the. City records.
Wimess my band and seal of office at my office in Coppell, Texas, thix the 23'~ day of
January, 2003.
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. .2002-1014
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
ABANDONING A PORTION OF THE WEST RUBY ROAD RIGHT-OF-
WAY ADJACENT TO LOT 1, BLOCK A OF DUKE FREEPORT
ADDITION, AS DESCRIBED IN EXHIBIT A ATTACHED HERETO;
AUTHORIZING THE MAYOR TO SIGN; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Coppell City Council discussed and gave consideration to abandoning
a portion of the West Ruby Road right-of-way adjacent to Lot 1, Block A of the Duke Freeport
Addition in the City of Coppell; and
WHEREAS, the City of Coppell City Council hereby finds and determines that a portion of the
West Ruby Road right-of-way adjacent to Lot 1, Block A of the Duke Freeport Addition in the
City of Coppell, has little or no value; and
WHEREAS, an appraisal of said right-of-way has been obtained; and
WHEREAS, the City of Coppell City Council has determined that with the realignment of
Ruby Road said right-of-way will not be needed and no public purpose would be served through
continuous maintenance thereof and that it would be in the best interest of its citizens to abandon
the said portion of the right-of-way abutting Lot 1, Block A of the Duke Freeport Addition, as
depicted in the attached Exhibit "A";
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COPPELL, TEXAS;
Section 1. That the City adopts as findings the facts recited in the preamble.
Section 2. That the portion of West Ruby Road right-of-way adjacent to Lot 1; Block
A of the Duke Freeport Addition, as depicted in Exhibit "A" attached hereto and incorporated herein
by reference as if set forth in full, be hereby abandoned by the City of Coppell.
Section 3. The City Secretary is hereby directed to certify a copy of the Ordinance
and cause it to be recorded in the Deed Records of Dallas County, Texas, upon receipt of the fair
market value of said land.
Section 4. That the abandonment provided for herein shall extend only to the public
fight, rifle and interest which the City of Coppell, Texas, may have in and to said right-of-way, and
shall be construed to extend only to such interests that the governing body of the City of Coppell,
Texas, may legally and lawfully abandor~
Section 5. That this ordinance shall take effect immediately from and after its passage
as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the ~ day of
~.~.~_, 2002.
CANDY SHEEHAN, ~IAY~SR~
ATTEST:
ROBF. 6'ge, rs ¥
(REH/si/~b 9/1~J82)
2 5o678
(VOL g70B4, PG. 2081)
102-34'
UNE TABLE
UNE BEARING
L1
1.3 N16"OB'4~"W
L4 ~'57'55"W
0 1 O0 200 400
GRAPHIC SCALE IN FEET
OL 2000242, PG. 0~802-
S75'15'12"E
65.87'
R-420.00'
PART OF LOT 1, BLK. A
DUKE-FREEPORT ADDITION
(VOL. 2001065, PG. 00057)
R=4aO.O0'
L-7.16'
28.45' ~ ~RV[~ ~/ --
The undersigned, Registered Professional Land
Surveyor, hereby certifies that this plat of
survey accurately sets out the metes and
of the eoesment tract described.
BEARING SYSTEM BASED ON THE
FINAL PLAT OF THE DUKE-
FREEPORT ADDITION, AN ADDITION
TO THE CITY OF COPPELL, TEXAS
RECORDED IN VOLUME 2001065,
PAGE 057 OF THE DEED RECORDS
OF DALLAS COUNTY, TEXAS.
RUBY ROAD
RIGHT-OF-WAY
ABANDONMENT
LOCA]Lu IN THE CfTY OF COPPF11: TEXAS
AND BE]NO OUT OF THE
JOHN Ve~ SURVEY, AEr~it,tACT NO. 1508
1.033 ACRE RIGHT-OF-WAY ABANDONMENT OF RUBY ROAD
John Vest Survey, Abstract No. 1508,
City of Coppell, Dallas County, Texas
DESCRIPTION, of a 1.033 acre tract of land situated in the John Vest Survey, Abstract No. 1508,
City of Coppell, Dallas County, Texas; said tract being a portion of the same tract of land
dedicated as Ruby Road on Final Plat of the Duke-Freeport Addition, an addition to the City of
Coppell, Texas according to the plat recorded in Volume 2001065, Page 37 of the Deed Records
of Dallas County, Texas; said 1.033 acrs tract being more particularly described as follows;
BEGINNING, at a 1/2-inch iron rod with "Pachecc Koch" cap found in lhe proposed south right-of-
way line of Ruby Road (a variable width public right-of-way); said point being In a north line Lot 1,
Block A of said Duke-Freeport Addition; said point being South 89 degrees, 32 minutes, 47
seconds East, a distance of 28.45 from the Intersection of the said south right, of-way line of Ruby
Road and the east right-of-way line of a right turn lane of Freeport Parkway;
THENCE, South 89 degrees, 32 minutes, 47 seconds East, along the proposed south right-of-
way line of Ruby Road, a distance of 100.00 feet to a point for angle point;
THENCE, South 89 degrees, 06 minutes, 00 seconds East, along the proposed south line of
Ruby to a point for corner; said point being in a northeast line of said Duke-Freeport Addition;
said point also being in a southwest line of a ti'act of land described in deed to the City of Coppell,
Texas recorded in Volume 2000242, Page 6802 of the Deed Records of Dallas County, Texas
THENCE, South 75 degrees, 15 minutes, 12 seconds East, departing the proposed south line of
Ruby Road and along said southwest line of City of Coppell tract, a distance of 119.45 feet to a
point in the existing north line of said Ruby Road; said point also being the west corner of Lot 3,
Block A of said Duke-Freeport Addition; said point also being the beginning of a non-tangent
curve to the right whose center bears South 36 degrees, 06 minutes, 38 seconds West a distance
of 480.00 feet from said point;
THENCE, in a southeasterly direction along the southerly line of said Lot 3 and the present north
right-of-way line of Ruby Road with the said non-tangent curve to the left; through a cenb'al angle
of O0 degrees, 51 minutes, 17 seconds, an arc distance of 7.16 feet, on a chord beadng and
distance of South 53 degrees, 27 minutes, 44 seconds East, 7.16 feet to a point; said point also
being the beginning of a tangent reverse curve to the left whose center bears North 36 degrees,
57 minutes, 55 seconds East, a distance of 420.00 feet from said point;
THENCE, in a southeasterly direction along the southerly line of said Lot 3 and the present north
right-of-way line of Ruby Road with the said non-tangent curve to the left; through a central angle
of 45 degrees, 22 minutes, 38 seconds, an arc distance of 332.63 feet, on a chord bearing and
distance of South 75 degrees, 43 minutes, 24 seconds East, 324.01 feet to a point; said point
being the east corner of said Lot 3;
THENCE, South 75 degrees, 15 minutes, 12 seconds East, a distance of 65.87 feet to a 5/8-inch
iron rod found for angled point;
THENCE, North 73 degrees, 51 minutes, 12 seconds East, continuing with the south line of said
City of Coppell tract and said north line of Ruby Road, a distance of 421.23 feet to a point for
comer in the proposed south line of said Ruby Road;
THENCE, South 89 degrees, 0{~ minutes, 00 seconds East, departing the said existing north line
of Ruby Road and along the said proposed south line of Ruby Road, a distance of 102.34 feet to
a point for comer in the existing south line of Ruby Road; said point being in the north line of said
Lot 1;
Right-of-Way Abandonment of Ruby Road
John Vest Survey, Abstract No. 1508
Page 2
THENCE, westerly, along the existing south right-of-way line of Ruby Road, and the said north
line of Lot 1, the following three calls;
South 73 degrees, 51 minutes, 12 seconds West, a distance of 519.07 feet to a point at
the beginning of a curve to the right whose center bears North 16 degrees, 08 minutes,
48 seconds West, a distance of 480.00 feet from said point;
tn a westerly direction, along said tangent curve, through a central angle of 53 degrees,
06 minutes, 43 seconds, an arc distance of ~.~.~..95 feet, on a chord bearing and distance
of North 79 degrees, 35 minutes, 27 seconds West, 429.19 feet to a point of reverse
curvature to the left whose center bears South 36 degrees, 57 minutes, 55 seconds
West, a distance of 420.00 feet from said point;
In a westerly direction, along said reverse curve to the left, through a central angle of 36
degrees, 30 minutes, 42 seconds, an arc distance of 267.64 feet, on a chord bearing and
distance of North 71 degrees, 17 minutes, 26 seconds West, 263.14 feet to a the POINT
OF BEGINNING;
CONTAINING, 45,009 square feet or 1.033 acres of land, more or less.
2052-262
James/~. Koch, Jr. Date
R.P.L.~. No. 4688
Pache~o Koch Consulting Engineers, Inc.
~350,1~. Central Expwy, # 1000, Dallas TX 75206
~ 235-3031
AFTER RECORDING
PLEASE RETURN TO:
ALLEGIANCE TITLE cOMPANY
2100 McKINNEY AVENUE, sUITE 1200
DALLAS, -r.£,~.~ ~'5_~0!
STATE OF TEXAS ) SPECIAL WARRANTY~~
KNOW ALL MEN BY THESE PRESENTS that the-~gned, the CITY OF
COPPELL, TEXAS, a Home Rule City having an address at 255 Parkway Boulevard, Coppell,
Texas 75019 (hereinafter called "Grantor"), for and in consideration of Ten Dollars ($10.00)
and other good and valuable consideration paid by DUKE REALTY LIMITED
PARTNERSHIP, an Indiana limited partnership having an address at c/o Duke Realty
Corporation, 5495 Belt Line Road, Suite 360, Dallas, Texas 75240 (hereinafter called
"Grantee"), the receipt and sufficiency of which are hereby acknowledged, has GRANTED,
SOLD and CONVEYED, and by these presents does hereby GRANT, SELL and CONVEY unto
Grantee, the real property described on Exhibits A-1 and A-2 attached hereto and incorporated
herein by this reference; together with the buildings, structures and improvements now located
thereon; further together with any and all right title and interest of Grantor in and to the land
lying in the bed of any streets, roads, or public or private rights of way adjacent thereto; and
further together with all right, title and interest of Grantor in to and under any and all reciprocal
easement agreements relating thereto and any and all other easements, servitudes, rights of way,
water rights, mineral rights, development rights, other rights, covenants, conditions, tenements,
hereditaments and appurtenances belonging or in any way appertaining thereto (hereinafter
collectively called the "Property"). -~
TO HAVE AND TO HOLD the Property, together with all and singular the rights and
appurtenances thereto in any way belonging unto Grantee, its successors and assigns forever.
AND Grantor does hereby bind itself and its successors to warrant and forever defend all
and singular the Property unto Grantee and its successors and assigns against every person
whomsoever lawfully claiming, or to claim flue same, or any part thereof, by, tkrough or under
Grantor, but not otherwise, subject to the liens, encumbrances, exceptions and other matters
described on Exhibit B attached hereto and incorporated herein by this reference (the
"Permitted Liens").
THIS DEED is being executed by Grantor in connection with the realignment of Ruby
Road and pursuant to the attached resolution.
Signatures contained on following page
c:\documents and scttings\cbrown\local scttings\tcmp~special wd.do¢
EXI~CUTED as of the //~ ~¥~L' day of January, 2003.
GRANTOR:
By: ~
A PPR 0
ATTEST: --~
Libby Ball, Ca~ Sec tary
~ttomey
STATE OF TEXAS )
COUNTY OF DALLAS )
This instrument was acknowledged before me on January /~ , 2003, by Candy
Sheehan, Mayor of the City of Coppell, Texas, a municipal corporation, on behalf of said
Notary P-ublic~State of Texas
~HIBIT A-1
CITY OF CO~PFI I
(~)L 2000242, PG. 06802)
~73~1 '12'"' W
421
0 ~ O0 200 400
GRAPHIC SCALE IN FEET
1.281 ACRES
(5s.796 SQ. FF.)
w/
- 7,omrr oF'"
COMI~NC~NT
pART OF LOT 1, BLX~ A
D4JK~- F1REE~C~T ADDtll ON
(VOL 200~06'~. P~. ooo57)
BEARING SYSTENt BA,,SF_.D ON THE
FINAL ~::~.~T OF lt-lE DUKE-
FRLt. PORT ADOtT10~N. AN ADDITION
TO THE C~TY OFiCOPpFII. TEXAS
REC'O~DED IN VOLUME 2001065,
PA~ 037 OF ~IE [;~FD RECORDS
OF DALLAS COUNT'F, TEXAS.
1.281 ACRE
TRACT oF LAND
~XHIBIT A-1
1.281 ACRE 'TRACT OF LAND
Vest Survey, Abstract No. 1508,
City o! Coppell, Dalla~ Cour~['Y, Texe~;
DESCPdPTION. of a 1.281 acre tract of land sttuated In the John Vest Survey, A. bs~'~ No, 1508,
City of Coppell, Dallas County, Texas; saw tract being a posen of the same tract of land
de. scribed in deed to the CYcy of Coppell, Te.xa~ receded ~n Volume 2000242, page 8802 of the
Deed Records of Dallas Celery, Texas; said 1,281 acre t~ect being more particularly described
as folloW~:
COMMENCING, at a point in the south east corner of the intersectlo~ of l~a east llne'Of Freeport
Perk'w~y and the south right of way line er Ruby Road as dedicated by the Duke-FreepOrt
Add.on, an addiUon to the City of Coppell, Texas a_cc.',rding to the plat recordedl in Volume
2001065, Page 37 of ~e Deed Records of Dallas county~ Texas; said point also being I~.e nocth
west comer of Lot 1, Block A or the said Duk~.Freepoil Addition;
THENCE, South B9 degrees, 3;' minutes, 47 seconds E~,t, departing l:he said east line of
Freepc~'t Pe~k-vcay and alcmg the proposed south line of P..uby R. oed. a distance of '128.45 feet ~
an an~e point;
THENCE, South 89 degrees, 06 minutes. 00 seconds East, continuing aJong ~e proposed south
line of Ruby Road, a disb~nce of 64.05 feet to a 1/2-1rich iron rod with *F'acheC~ Koch' cap set
the POINT OF BEGINNING;
THENCE, South 89 degrees, 06 minutes, 00 seconds East. along the said proposed :south rlgh[-
of--v.~y line of Ruby Road, a distance of 903.70 feet to a 1/2-inch iron rod with 'pacheco Koch'
cap set i'or comer in the existing north rlght-oi'-w'~y line of said Ruby Road;
THENCE, .Soulh 73 degrees, 51 minutes, 12 seconds West, departing the said proposed south
line of ~,uby Road and along Uae said exL~dng north line of Ruby Road, a distance of-421-23 feet
to a 5/8-1rich Iron rod found for comer;
THENCE, North 75 degrees, 15 minules. 12 seconds West, along the said existing north [[ne of
Ruby Road, passing at a distance of 65,87 feet the east comer of Lot 3, Block A. of. 5aid Duke-
Freeport Addition; conlJnuing along [he noah line of said Lot 3 and in a south line of the said Ci['y
of Coppell TracL passing at a distance of 396.51 feet the west corner et- said Lot 3, continuing in
all a dis~nce of 515.g7 feet to the POINT OF BEGINNING;
cONTAiNING, 55,796 square feet o¢ 1.281 acreS of land, more o<- lesS.
2052-261
AJ~ S$>l~, LLC-
EXHIBIT A-2
UNE TAmE
tl
L2 I N..~'~?'~,'E
1_3
0 lO0 ~ 200 ~
GRAPHIC 'SCALE IN FEET
C1
'T--,3.5~'
L-- 7.1 §'
CS~S53'27"~"E
CD-7.1§'
LOT 3, BLK. A
,'~::~L. ~omo~5 Po, oo03 )
~e un~l~n~, R~tat~ed Prof~l~al ~nd BERING
~. h~by ~e. ~at this plot of ~N~ P~T OF ~E DU~-
~y ~mt~y ~tm ~t ~e me[~ and ~EEP~T AD~ON, AN ~Ol~
of ~e eas~t troct des~b~. TO ~E 'O~ OF: ~PP~ ~S
REC~D~ IN VOLUgE 2001~5,
PA~ 037 OF ~E O~ RECORDS
~XHIBIT A-2 Continued
'1.033 ACRE'RJGHT"OF-WAY ABANDONMENT OF RUBY ROAD
John Vest Survey, Abstract No. 1508,
City of Coppell, Dallas CounO/, Texas
DESCI~IPTION, of e 1.033 acre b'act of land sE'gated in the John Vest Survey, Abstract:No. 1508,
City of' Coppell, Dallas County, Texas; said tract being a portion of the s~'ne ~act of land
dedicated as Ruby Road on FinaJ Plat of the Duke-Freeport Addition, an addition to Ihe Choy of
Coppetl. Texas according lo the plat recorded in Volume 20010~5, Page 37 of the Deed Records
of Dallas County, Tex~s; said 1.033 acre tract ioeing more particularly described a~ follows;
BEGINNING, at e 1/'2-inch iron rod with "Pacheco Koch" cap found in the proposed sou~ right--of-
way line of Ruby Road (a variable width public right-of-way); said point being in a nocthiline Lot. 1,
Block A of said Duke-Freeport Addition; said point being South 89 degrees. 32 r-n~utes, 47
sec. ands East, a d[s~ance of 28.45 from the intersection of the said south right-or-way line of Ruby
Road and the east fight-of-way line of a right turn lane of Freeport Parkway;,
THENCE, South 89 degrees, 32 minutes, 47 seconds East, along the proposed soulh right-of-
way tine of P, uby Road, a distanoe et- 100.00 feet to a point for angle point;
THENCE, SouLh 89 degrees, 06 minutes, 00 seconds East, along the proposed sou'dq line of
Ruby [o a point ~'or comer; saki point being in a northeast line of said Duke-Freeport Acidities;
said paint also be{rig [na southwest line of a t/'act of land described in deed to the City 0f Coppell,
Texas recorded in Volume 2000242. Page 6802 of 1:he Deed Records of Dallas County,'Texas
THENCE, South 75 degrees. 15 minutes, 12 seconds East, departing the proposed sOUth tine et'
Ruby Road and along said southwest line of Clby of Coppell ~act, a distance of 119.45 feet to a
path[ in the existing north line of said Ruby Road; said point also being f. he west r_~rner of Lot 3.
Block A of said Duke-Freeport Addition; said point ~also being We beginning of a nee-tangent
curve to the right whose canter bears South 36 degrees. 08 minutes, 38 seconds West a distance
of 480.00 feet from said point.;
THENCE, in a southeast, edy direction along the southerly line of said Lot 3 and the prC~ent north
right-of-way line of Ruby Road with Lhe said non-tangent curve to the left; through a ceeb-al angle
of OO degrees, 51 minut, es, 17 seconds, an arc dLstance of 7.16 feeL, on a chord bearing and
distance of South 53 degrees, 27 minutes, 44 seconds East, 7.16 feet taa point; said~point also
being the beginning of a tangent ~'everse curve to the [el=t whose center bears North 36 degrees,
57 m~nutes. 55 seconds East, a distance of 420.00 feet from said point;
THENCE, In a southeasterly direcLIon along the southerly line et' said Lot 3 and the preSent north
fight-of-way IEee of Ruby Road with the s~Jd non-t~ngent curve to ~e left through a ceiltra~ angle
of 45 degrees. 22 minutes; 38 seconds, an arc distance of 332,63 feet, on a chord bearing end
disbanca of Soulh 75 degrees, 43 minutes, 24 ser.~nds East, 324.01 feet to a poinL; saki point
being the east comer of said Lot 3;
THENCE, South 75 degrees, 15 minutes, 12 seconds East, a distance of 65.87 reel Jo's 5/8-inr..,h
iron rod found for angled point; :
THENCE. Horth 73 degrees, 51 minutes, 12 seconds East, continuing with t~e south line of said
City of Coppell b'act and said north line of Ruby Road. a distance of 421.23 feet to a point for
comer in bbs proposed south line of said Ri~by Road;
THENCE. South 89 degrees, 08 minuba.s, 00 seconds East, de~artJng the said existing north line
of Ruby Road and along the said proposed south line of Ruby Road, a dist~nnce of 107_3-4 feet to
a point for comer In the existing sout~ line of Ruby Road; said polnl being in Lhe north line of saJd
Lot 1;
IHIBIT A-2 Continued
PJght--of-Way Abandonm~t of Ruby Road
John Vest Survey, A~,~i~ act No. 1508
THENCE, westerly, along the existing south r~lh[-ol'-way line of Ruby Road, and the said north
line of Lot 1. the h~lowing three caJIs;
South 73 degrees, 51 minutes, 12 seconds Wesl, a dlstanca of 519.07 feet to a poin[ et
the beginning of a curve to the dght whose center bears North 16 degrees. 08 minutes,
48 .`econds West, a dlstance of 480.00 f~et from -,aid point;
In a westerly direc~on, along said tangent c:.Jrve, through e central angle of ,53 degrees,
06 minutes. 43 seconds, an arc distance of 4,4~4.95 I~eet, on a chord bearing and distance
of North 79 degrees, 35 minutes, 27 seconds West, 429.19 feet t~ a point of reverse
curvature to the left v/nose center bears South 36 degrees, 57 minutes. 55 seconds
Wsst, a distance of 420.00 feet from aald point;
in a westerly direction, along said reverse curve t~ the left, through a cerrb~liangle of 38
degrees, 30 minutes, 42 seconds, an a~c distance of 2~7.64 feet, on a chord bearing and
distance of North 71 degrees. 17 minutes. 28 seconds Wes[, 263.14 feet to a the POINT
OF BEGINNING;
CONTAINING, 45,009 squ~re feet or 1.033 acres of' land, more or les'~.
205~-282
Date
I R,P.L.~, No. 4688
\ pec..be¢o Koch Consulting Engineers, Inc.
~350~. Central Expwy, # 1000, BallaS TX 75206
¢a,7-2f 235-3031
AFTER RECORDING
PLEASE RETURN TO:
ALLEGIANCE TITLE COMPANY
2100 McKtNNEY AVENUE, SUITE 1200
DALLAS, TEXAS 75201
CERTIFICATE OF CITY SECRETARY
STATE OF TEXAS
COUNTY OF DALLAS
CITY OF COPPELL
I, Libby Ball, the undersigned, City Secretary of Coppell, Texas, a municipal corporation, in
the performance of the functiom of my office, hereby certify that the attached document is
a true and correct copy of Resolution No. 2002-0924.2 passed at the City Council meeting
of September 24, 2002 which resolution authorizes the City Manager to sell a strip of land
to Texas Dugan Limited Pa~inership; and that I am the lawful possessor and have legal
custody of the City records.
Wimess my hand and seal of office at my office in Coppell, Texas, this the 23~ day of
January, 2003.
Libby Ball///
City SecretXry
A RESOLUTION OF THE CITY OF COPPELL, TEXAS
RESOLUTION NO. 2002-0924.2
A RESOLUTION OF THE CITY OF COPPELL, TEXAS,
AUTHORIZENG THE CITY MANAGER OR HIS DESIGNEE TO SELL
CERTAIN NARROW STRIP OF LAND OWNED BY THE CITY OF
COPPELL WHICH IS CONTIGUOUS AND ADJACENT TO LOT 3,
BLOCK A, OF THE DUKE FREEPORT ADDITION AND THE
ABANDONED PORTION OF WEST RUBY ROAD RIGHT-OF-WAY
ADJACENT TO LOT 1, BLOCK A OF THE DUKE FREEPORT ADDITION
AS DEPICTED ON EXHIBIT "A", WHICH IS ATTACHED HERETO AND
INCORPORATED HEREIN BY REFERENCE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Coppell owns an irregular piece of property which is adjacent to
Lot 3 of Block A of the Duke Freeport Addition and the abandoned portion of West Ruby Road
right-of-way adjacent to Lot 1, Block A of the Duke Freeport Addition; and
WHEREAS, the City no longer desires to maintain or utilized the property for public
benefit and the Texas Dugan Limited Partnership, by Its Agent, Duke Realty Services, by Its
General Partner, Duke Services, Inc., which is the abutting property owner desires to purchase the
same; and
WHEREAS, the TEXAS LOCAL GOVERNMENT CODE requires that certain procedures and
methods be followed in order to sell property owned by a municipality; and
WHEREAS, in accordance with § 272.001(b) of the TEXAS LOCAL GOVERNMENT CODE,
the City has obtained the fair market value of such property and has provided the same to the
abutting property owner; and
WItEREAS, Texas Dugan Limited Partnership, by Its Agent, Duke Realty Services, by Its
General Partner, Duke Services, Inc., desires to pay such amount and the City desires to sell said
property;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCI~ OF THE CITY
OF COPPELL, TEXAS:
SECTION 1. That the City Manager or his designee is hereby authorized to undertake the
necessary and statutory requirements in order to sell to Texas Dugan Limited Partnership, by Its
Agent, Duke Realty Services, by Its General Partner, Duke Services, Inc., for fair market value
public land identified as a certain tract of publicly owned land which is contiguous and adjacent to
1 50689
Lot 3 of Block A of the Duke Freeport Addition and the abandoned portion of West Ruby Road
fight-of-way adjacent to Lot 1, Block A of the Duke Freeport Addition as depicted on Exhibit "A",
which is attached hereto and incorporated herein by reference.
SECTION 2. That the City Manager, or his designee, acting on behalf of the City of
Coppell is hereby authorized to negotiate, enter into, and execute all documents and contracts
necessary relating to the sell of the property described herein to Texas Dugan Limited Parmership,
by Its Agent, Duke Realty Services, by Its General Partner, Duke Services, Inc., for fair market
value of the same.
SECTION 3. That this Resolution shall take eff'ect immediately from and after its passage
as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the ~4_~Z~ day of
,2002.
(RE}t/cab 9/18/02)
APPROVED: ,/~
CANDY SHEEI-IA~, g~gAYOR
ATTEST:
LIBB~ gK~'-L~(~ SECRETARY
2 50689
S73"~1 '12"W
0 1 O0 200 400
GRAPHIC SCALE IN FEET
Q'PI' OF COPPELL
(VOL. 2000242, PG. 06802)
-65.8T
PART OF LOT 1, 9LK. A
DUKE-FREEPORT ADDrrlON
(VOl_ 2001065, PO. 00057)
LOT ,~, BLK. A
,DUKE-FREEPORT ADDITION. ~¢ ~u ~/
o,. PG. ooo ,
~, ,~ ~--~-.-~T J .'/--PO~T OF . ~ / ~ ~ ~.~
CO~~E~NT ~ ~- P
I
The undersigned, Regletered Professional Land BEARING SYSTEM BASED ON THE
Surveyor, hereby certifies ~hat this plot of RNAL PLAT OF THE DUKE-
survey (accurotMy sets out the metes and FREEPORT ADDITION, AN ADDITiON1ExAs
TO THE CITY OF COPPELL,
~ the easement tract described. RECORDED IN VOLUME 2001065
~ , PAGE 037 OF THE DEED RECORDS
~3mee A. I[och Date
1.281 ACRE
- ~ TRACT OF LAND
.~ LOCATED IN THE CITY OF COpplaI: TEXAS ·
AND Be.O our c~ THE I
~1 Jori. V~T SU.V~. ABS~AC~ .0. ~ I
1.281 ACRE TRACT OF LAND
Vast Survey, Abstract No. 1508,
City of Coppell, Dallas County, 7~exas;
DESCRIPTION, of a 1.281 acre tract of land situated in the John Vest Survey, Abstract No. 1508,
City of Coppell, Dallas County, Texas; said tract being a portion of the same tract of land
described in deed to the City of Coppell, Texas recorded in Volume 2000242, Page 6802 of the
Deed Records of Dallas County, Texas; said 1.281 acre tract being more particularly described
as follows;
COMMENCING, at a point in the south east corner of the intersection of the east line of Freeport
Parkway and the south right of way line of Ruby Road as dedicated by the Duke-Freeport
Addition, an addition to the City of Coppell, Texas according to the plat recorded in Volume
2001065, Page 37 of the Deed Records of Dallas County, Texas; said point also being the north
west comer of Lot 1, Block A of the said Duke-Freeport Addition;
THENCE, South 89 degrees, 32 minutes, 47 seconds East, departing the said east line of
Freeport Parkway and along the proposed south line of Ruby Road, a distance of 128.45 feet to
an angle point;
THENCE, South 89 degrees, 06 minutes, 00 seconds East, continuing along the proposed south
line of Ruby Road, a distance of 64.05 feet to a ll2-inch iron rod with "Pacheco Koch" cap set for
the POINT OF BEGINNING;
THENCE, South 89 degrees, 06 minutes, 00 seconds East, along the said proposed south right-
of-way line of Ruby Road, a distance of 903.70 feet to a 1/2-inch iron rod with "Pacheco Koch"
cap set for corner in the existing north right-of-way line of said Ruby Road;
THENCE, South 73 degrees, 51 minutes, 12 seconds West, departing the said proposed south
line of Ruby Road and along the said existing north line of Ruby Road, a distance of 421.23 feet
to a 5/8-inch iron rod found for corner;
THENCE, North 75 degrees, 15 minutes, 12 seconds West, along the said existing north line of
Ruby Road, passing at a distance of 65.87 feet the east comer of Lot 3, Block A, of said Duke-
Freeport Addition; continuing along the north line of said Lot 3 and in a south line of the said City
of Coppell Tract, passing at a distance of 396.51 feet the west corner of said Lot 3, continuing in
all a distance of 515.97 feet to the POINT OF BEGINNING;
CONTAINING, 55,796 square feet or 1.281 acres of land, more or less.
Engineers, Inc.
1000, Dallas TX 75206
(972) 235-3
2052-261
-'~ F' ~rff, RECORDING
?LEASE ~'URN TO:
.ALLEGIAN{;.~ TITLE COMPANY'
2100 .k~cK!NNEY AVENUE, SU,',-~. 1200
DALLAS. TE)fAS 75201
FEB-11-200~ ?UE 01:47 PM DUKE RE~L?¥ OORP
FAX NO, 770 717 2431
P, 05
~ ~o4/~o~
AFFIDAVIT AS TO DEBTS AND LIENS and PARTIES IN POSSESSION
Property Address: Parcel 1:1.281 acres of lane[ GF//O3-ALL-t04365B-KAM
ParceJ 2:1.033 acres of land GF/~33-ALL-1043704..KAM
BEFORE ME. the un~emigned authoHbj on this day, porsonally appeared the undersigned (hereinafter
ceNe~ AFF ~T)~w~e~er one or mor~) an~ each om his oath, depeses e~d sa~, as fmlIo~:
(aereimaher ~led SELLE~)';s i~e owner o~ l~e foll~ng described prope~, to wit:
SEE A~ACN~ DESCRIPTION
2. Sailer [, desirous o~ ~ellingthe abeve described propa~y and ha~ requeste~ ~l~giance ~t · Company
as agen~ f~r CHICAGO TITLE INSU~CE COMPANY te Issue ~ n TiNe nsurance Poll¢~. as
approprlale.
3. In cermet{ion w~th the issuance of such policies, Affiant makes the foflawlng stelemen~ of~
a. That S~]ler owes ~o past due Federal or State taxes and I~at there are no Oelinquenl Federal
a~aessments presently existing against Seller, and t~aI no Federal or S~ie li~s have b~n filed
b. That there are no delinquent State, County, CI~, Schoe~ District, Water District. or other
governmental agency taxes due or owmg against said prope~ and t~al no tax suil has been ~led
by any S~ate, Count~, Ci~, S~ool District, Water D~strlct, or o~er governmental egen~ for
levied against ~aid prop~My.
c. A)~ improvemmnts nave been ~mp~eted in e workmanlike manner, If any, and all labor and
ma[erlals u~ed in the ~natru~ion of such Improvements, If any, on l~e above Oes~ibed prope~
nave been pa~d for and ~hmrc ere now no unpaid labor or material c)aims against
improvements or repairs, if aRy. on t~e prope~ upon w~icn acme are sltuate~, an~ Affiant hereby
declares that ail sums of money due for the erection of Improvement, if any. have been tuffy paid
and satisfied and there am no Mechanic's or MaIerJalman's flens against Ihe heminabove
describeQ properS,
d. Tbs/no pavln8 a~e~ssment or Ilen ~as been flied against the heminobove dcscribeQ
and Se~ler ow~ no paving ~arges.
e. That thero are no judgment liens against Seller.
f, That therm ere no suI~ pending against Sel~er in Federal or S~Ie Court,
G. That Affi~t k~ows of no adveree claim to the hereina~ve d~scrlbed pmpe~ and ~et so ~r as
Affiant knows there am no en~oachments or bounOe~
h, Seller has not heretofore sold, contrecleo lo sell or conveyed any pad ot said propc~y ether than
In ~nne~on wJt~ th~s sale,
No unpaid debts for elecIric or plumbing Rxtur'es, wetmr nest.s, floor furnaces, air conditioners,
radio or television snlmnnae, carpeting, rugs, lawn aprlnKling ~tems, venetian bli~a, window
shades, ~raperJes, electric appliances, fends street paving, or any pcrsonal prope~ or ~xlures
that are locate~ on the subje~ proper~ descr~eU a~ve, end ~al no such I~ems ba~ been
purchased on time pa~enI contract, and there are no secud~ inlerests on such
seared by financing slatemen~, securl~ agreement or othe~se except Ihe fallowing:
Seared Ps~ Approximele ~ount
NONE
No loans or indebteenass of any klncl on such properly except the folloWing:
Creditor Approximele A~ount
NONE
FEB-Ii-2003 TUE 01:47 PR DUKE RERLTY CORP FRX NO, 770 717 243]
................ ,,v~ ALLEGIANCE TITI~ CO.
P, 06
~ oo~/oo~
Affiant(a) ariel/or affiant(s) predecescors in title h,,ve not:
Ii) entered I~to any oral or written lease agreemanLS:
Ii) given permission to use. occupy, or enter, or
(Iii) o:harwlse granted or suffered any possaesory rights of any nature whatsoever Wt~fch ere
presently existing as or tht$
Further, affiant(s) state(s) that ~e/ehe/Ihey is/ere familiar with the Prope~ and ~al het~hc/lh~ know(e)
~hat them is no parson (whether one or mare) occupying, u~ng. or ~aimln~ the Prope~y ar any pan
the~of, adversely or hostilely, ~r under any claim or ~tor of tiffs whatever; end fudher ~te(a) wl~
res~ ~ ~e above representatio~ ~at hls~eflthglr knowledge of ~e Pmpe~ Is such ~at were such
pe~on m ~uch ~osse~sion, occupation er use, heshe/they woutd have knowledge of it.
5. A~ant recognlze~ Inet but for the making ~ the ~erelnabove st~ement of ~ relBtl~ ~ the
harelnabove described propeAy Allegian~ ~tle Company a~ agent for CHICAGO TITLE INSU~NCE
COMPANY would not ~ssue either I~ OWNER'S or MORTGAGEE'S Tiffs Insurance Policy on said
~rope~, and that such 5tctements have bec~ made as a material Inducement for the Issuance of such
policies.
EXECUTED th[s ~[ ~411 day of FebrUaW. 2003
City of Cop~
By:. ~ ,,,~, ..... ,
Name: 3,4 A,~ tMi H
B$¢RIBE.D AND SWORN TO BEFORE ME. the unaerslgnad authority, by the said
~ ~¢~',~'- (Name) ~;~ ~4~-~ ~le) of~e Ci~ofCoppall to
w these my hand mis ~h day ¢ F~bruaw, ~00~.
EXHIBIT A-1
CITY' OF CO~PF1 I
(VOL. 2000~4:Z, PO, 088O2)
0 ~ O0 200 4~0
GRAPHIC SCALE IN FEET
PART OF LOT 1, BL.~. A
DgKE- FREEPORT ADEX'nON
(VOL. 20a106-% P~. 00037)
1.2~1 ACRES
(5s.7~ SQ. Fr.)
LOT 3, BLK. A
DUKE-F~EEPORT Ad)DIllON
'VOL. 2001065. PG. 000,37)
N751.5'1
OF _ ~'~'~"
~, .h~y ¢~fl~ ~at ~le pl~t ef RN~ ~T ~ ~E DUKE--
~e ~m~[ [r~c~ d~. RENDED IN V~UME 2001~5,
PA~ 037 OF ~E ~D ~E~RDS
TRACT 0F LAND
EXHIBIT A-1
1~81 ACRE 'TR~C'T OF I.AND
Vest Survey, Abstract No. 1508,
City of Coppell, Dallas C.~un[% Texas;
DESCRIPTION. of ~ 1.281 acre ~'act of land situated in the John Vest Survey, Absb'~ct No. 1508,
City of Coppell, Dallas County, Tax3s; sa~d tract being a p~on of' ~e same tract of la~l
dP_.sc~ibed in cieed to the City of Coppell, Te.x~s reco~dod tn Volume 200{3242. page 8802 of the
Deed Records of Dalla~ County, Texas; said 1.281 ac~e I:rac~ being more particularly descdbc~'d
a~; fellow'S;
C:oMM~NCING, at. a point in Ihe south east co/'ner of Lh, a Intersection. of ~h~ o~sJ line. of Froeporl
parkway and the south r~ght of way line af Ruby I:~ad 88. dedk~tod hy the Duk~--I:reepo~
Add.on, an eddiLk)n Jo the City of Coppell, Te×~s a~.ording ~ the plat recordad in Volume
2oa~aes, ~og~ 37 of 1~ D~ed F~ec:ords of goiJa5 County~ Texas; ~ald point ~lso being th~ nor'~
west ~omer of Lei: 'i, BIo~k .~ of tho ~ai~l Duke-Freeport Addition;
THENCE, $outJ1 ~ degrees, 32 minuL~s, 47 ~oconcis E~I, d~por'Ling th~ s~id e-m~t line of
Fr~por~ PaJ'kw~y and ~loag the proposed south line of J:~by ~ood, a di,~:~nc~ of '12~.45 fo~t Lo
an ang. Je point;
TH~NC.~_-.. $ou~ 8~ d~gr~s. 0~ mJnuJe~, 0g ~econds E~t, continuing ~long mo propos~:l $c~th
line of FRuby ~o~d, ~ dis~nc~ ct 84.05 f~J ~o ~ ~/2~h iron rod wJ~ 'pa~h~ K~" ~P set
~ POINT O~ BEGINNING;
THENg~ 5oulh 8g d~gre~, 08 minute. ~ s~nds E~sL ~Jong ~ said pr~osed :~uth rlghJ-
of-~y Jino of ~uby ~o~d, ~ distance of g03.70 fo~l LO ~ ~-in~ iron rod ~ '~e~
THENCE, South 7~ d~r~, 5~ minute8, ~2 seaands W~k depa~ing ~ ~id pra~s~ ~ou~
Ilno of ~gby Ro~d ~nd 8long ~e ~Id ex~ng na~ lin~ of ~uby ~o~d, ~ dlst~n~ of 42~.23
Lo ~ 5/~in~ iran ~ad found for
THENCE, Na~h 75 d~r~es, ~5 minul~s. ~2 seconds We~t, ~long ~ s~id oxis~ing ~o~ 1~8 of
F~po~ ~dJ~on: ~n~nuing ~long lh~ n~ Jin~ of 8~Jd Lot 3 8nd in 8 sou~ line of ~ said
of Cop~ll T~cL passing 8t 8 disuse o~ 3~.~ fee~ ~e ~t ~rner o~ 88Jcl Lot 3, ~ntln~ing
~[I 8 dJs~n~ af 5~5.~7 f~l [o th~ POINT OF BEGINNING:
OONT~NING, 55,7~ ~qu~re f~J ~ ~.~8~ ~cr~ of ~nd, m~e ~
2052-261
EXHIBIT A-2
97084, PG. 2081)
102.3~'
LINE
UN£
L2 N3a'STS.5'~
0 100 : 200 400
CR^PH~C iSCALZ ~N FEET
C1TY OF COPPELL
OL. 20tD0242, Pg.
S75"1
T- 175.5g'
1,0,-~ ^CNES
(4,~,ooa sci. FT.)
:375'
11~,4~°
s~gl:)6'O(3"E
64,O5'
1OO.OO'
POINT OF
PART OF' LOT 1, BLK. A
DUK E_FRE3EJ=ORT ;J~D4TI ON
(VOL. 2OO1065, PO. O0037)
T-239,90'
L-4-4-4.95'
CS.N7g'35'27'W
C1
-7.10'
D-7.18'
The und. at~l~ned, Regl,,tsred Prof~-~lc~al Land BERING S~TM BA~D ON ~E
~. h~by ~fl~ ~at this plot of RN~ P~T OF ~E DU~-
~y ~;~t~y ~te ~[ ~e me[~ ~nd ~EEP~T AD~TM. AN ~Dm~
~m of ~e e~s~t tract das~b~. TO ~E a~ OF:COPP~ ~S
: I
RECORDED iN VOLUME 20010E, 5,
PAC~ 0.37 OF THE DF'KD RECORDS
OF' DALt.~S COUNTY, TEXAS.
RUBY ROAD
'RIGHT-OF-WAY
ABANDONMENT
EXHIBIT A-2 Continued
1.g33 ACRE,PJGHT-OF-WAY ABANDONMENT OF RUBY ROAD
John Vest Survey, ADst. r'act No. 1508,
City of Copl>ell, Dallas County, Texas
DESCRIPTION, of a 1.033 acre fi.act of [and sb'uated in the John Vest Survey. Absb'act'No. 1598,
City of Coppell, Dallas County. Texas; said tract being a portton of the sa.me tract of land
dedicated as Ruby Road on FinaJ Plat of the Duke-Freeport Addition, an addition t~ ~ City of
CoppeH, Tey. a~ according m the plat recorded in Volume 20010~5, Page 37 of the Deed Records
of Dallas County, Texas; said 1.033 acre tract being more particularly described as
BEGINNING, at e 1;2-inch iron rod with "Pacheco Koch" cap found in [he proposed south right-of-
way line of Ruby Road f,a variable width puDiic right-Gl-way); said point being in a hearth]line Lot 1,
BloC< A of said Duke-Freeport Addition; said point being South 89 degrees, 32 rnfrtutes, 47
seconds East, a distance of 28.45 t'rom [he intersection of the said south rfght..oi'-way lir}e of Ruby
Road and the east d~ht.-of-way line of a right turn lane of Freeport parkwmy;,
THENCE, South 89 degrees, 32 minutes, 47 seconds East, along the proposed aou~ right-of-
way line of Ruby Road, a distance of 100.00 feet to a p0irlt for angJ¢ point;
THENCE, South 89 degrees, 06 minutes, 00 secccds East, along t~e proposed sotrUq line
Ruby [o a point 'for corner; said point being in a northeast line of said Duke--Freepod Addition;
said paint also being in a southwest line of a ti-act of land described in deed to the City 6f Coppetl,
Texas recorded in Volume 2000242. Page 6802 of [he Deed Records of Dallas County, Texas
THENCE, Sou~ 75 degrees, 15 minutes, 12 seconds East, departing the prof:osed soUth tine
Ruby Road and along said sou[hWe-'~t ling of City of Coppell t~act, a distance of 11g.45 feet to a
point in the existing north line of said RuDy Road; said point also being the west comer of Lot 3,
Block A of said Duke-Freeport Addition; said point at. so being the beginning of a non-tangent
c~Jc,/e Lo the right whose center bears South 36 degrees. 06 minutes, 38 seconds West a distance
of 480.00 feet from said point;
THENCE, {na southeasterly direction along the southerly line of said Lot 3 and the prC~ent north
right-of-way line of Ruby Road with the said non-tangent curve to the left; through a cenb~l angle
of GO degrees, 51 minutes, 17 seconds, an arc distance of 7.16 feet, on a chord beadng and
distance of Sout~ 53 degrees, 27 minutes, 4-4 seconds East, 7.16 feet to a point; saidipoint also
being'the beginning of a tangent reverse curve to the left v~ose center bears North 36 degrees,
57 minutes, 55 seconds East, a distance of- 420.00 feet from said point;
THENCE, in a southeasterly direction along the southerly line of said Lot 3 and the preSent ncx"th
right-of-way line of Ruby Road with the said non-tangent curve to the left; through a c~hl¢-~ angle
of 45 degrees, 22 minutes, 38 seconds, a~ arc distance of 332,63 feet, on a chord bear~g and
distance of South 75 degrees, 43 minutes, 24 seconds East, 324.01 feet to a point4 :sold point
bsir',g the east comer of said Lot 3;
THENCE, South 75 degrees, 15 minutes, 12 seconds East, a distance of 65.87 feet t~a 5/8-inch
iron rod found for angled point;
THENCE. North 73 degrees. 51 minutes 12 seconds East, conQnuing with the sc~th lisa of said
City ct~ Copp~ll b'acl and sam north line of Ruby Road. a r~lstancc of 421.23 feet to a point for
comer in the proposed south line of said Rbtby Roadl
THENCE, South 89 degrees, 06 minutes, O0 seconds East, depadJng the said exJstln~ north line
of Ruby Road and ato-ng the said proposed south line of Ruby Road, a dist~snce of 102.3.4 feet to
a point for comer In the existing soubh line of Ruby Road; said point being in the norbh line of said
Lot 1;
EXHIBIT A-2 Continued
FLight-of-Way Abandonrnent of Ruby Rcred
John Vest Survey', Ab,.~ ~ No. 1508
pl~e 2
THEIqCE. westerly, ak:rig the existing south dght-oJ'--way fine of Ruby Road, and the said north
line of Lot 1. the h:~.lowing three carls;
Sou~h 73 clegre~s, 51 minutes, 12 seconds West, a al{stance of 519.07 feet to a point at
the beginning of a c~rve to He right whose ~er bears North 16 degrees. 08 minutes,
48 seconds West, a distance of 480.00 f~et from said point;
in a westedy direct, ion, along said t~ngent curve, through a central angle of 5.3 degrees,
06 minutes, 43 seconds, an arc distance of 44.4,95 feet, on a chord bearing and distanCe
o~' N0r~h 79 degrees, 35 minutes, 27 seconds West, 429.19 feet to a pain[ of reverse
curwture to t~e left whose center beam South 36 degrees, 57 rn[nutes, 55 seconds
We. st, a distance of 420,00 feet from said point;
In a westedy direction, along said reverse curve to the loft, through a ce~,~liangle of 36
degrees, 30 rninul, es, 42 seconds, an arc distance o/' 2~7.64 feet, on a chord bearing and
distanCe of No.th 71 degrees. 17 minutes, 28 seconds Weal 263.14. feet to e the POINT
OF BEGINNING;
CONTAINING, 45,009 square feet or 1,033 acres of land, more or less.
2052.-2~2
t ,o. '
~ Pa~e~ K~ Consulting Engineers, Inc.
~3~. Cen~l ~. ~ 10~, D~aS TX 75206
~23~3031 ·
STATE OF GEORGIA
COUNTY OF GWINNETT
AggIGNMENT OF CONTRACT
THIS ASSIGNMENT OF CONTRACT (this "Assignment") is made and entered into this 20t~
day of January, 2003, by and between TEXAS DUGAN LIMITED PARTNERSHIP, a Delaware
limited partnership ("Assignor"), and DUKE REALTY LIMITED PARTNERSHIP, an Indiana limited
partnership ("Assignee");
WHEREAS, Assignor, as Buyer, and the CITY OF COPPELL, TEXAS, a Home Rule City, as
Seller, entered into that certain Real Estate Purchase Agreement, dated December 5, 2002 (such contract
being hereinafter referred to as the "Contract") for the purchase and sale of two parcels of land in Dallas
County, Texas, which parcels are more particularly described in the Contract; and
WHEREAS, Paragraph 18 of the Contract provides that "Buyer may assign any of Buyer's rights
hereunder or any part thereof to any person, f-Lrm, parmership, corporation or other entity without the prior
written approval of Seller;" and
WHEREAS, Assignor desires to assign such rights and delegate its obligations under the
Contract to Assignee and Assignee desires to accept such assignment and assume such obligations.
NOW, THEREFORE, in consideration of the sum ofTen and No/100 Dollars ($10.00) and other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
Assignor and Assignee hereby agree as follows:
Assignor hereby assigns to Assignee all of Assignor's right, title and interest in and to the
Contract.
Assignee hereby expressly accepts all right, title and interest of Assignor in and to the
contract and hereby agrees to perform, discharge, and fulfill all such duties and obligations
of Assignor under the Contract as of the date hereof.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
f:\texas market~developmentXnch~ruby rd\contract assignment.doc
IN WITNESS WI-[EREOF, the parties hereto have caused this Assignment to be executed and
sealed by their duly authorized representative the day and year first above written.
ASSIGNOR:
TEXAS DUGAN LIMITED PARTNERSHIP, a
Delaware limited partnership
By:
DUGAN GENERAL PARTNER LLC, a
Delaware limited liability company, its general partner
By:
DUGAN TEXAS LLC, a Delaware. limited
liability company, its sole member
By:
DUKE REALTY LIMITED PARTNERSHIP, an
Indiana limited partnership, its Manager
By:
DUKE REALTY CORPORATION, an
Indiana corporation, its general partner
/J~hn~. Gaskin, Se~nio~r Vice President,
D(_~uty General Counsel & Secretary
[Corporate Seal]
ASSIGNEE:
DUKE REALTY LIMITED PARTNERSHIP, an
Indiana limited partnership
By:
DUKE REALTY CORPORATION, an
Indiana corporation, its general partner
B Y~o/.~~e President,
De(p~ty General Counsel & Secretary
[Corporate Seal]
f:\texas rnarketkcievelopmentkqch',ruby rd\contract assignment,doc