ST9401-ES 980619STATE OF TEXAS
COUNTY OF DALLAS
Deed
12130198
,r-m-17107
1349984 $31. O0
DEVELOPMENT AGREEMENT
This Agreement is made by and between the City of Coppell, Texas, a Home Rule City
(the "CITY"), and Centex Development Company a division of Centex Homes, a Nevada
general partnership f/k/a Vista Partners ("CENTEX").
RECITALS
WHEREAS CENTEX is the owner of certain tracts of land located in Coppell, Texas
East of Denton Tap Road south of the new State Highway 121 Bypass, more particularly
described in Exhibit "A" attached hereto (the "PROPERTY"); and
WHEREAS the CITY desires to acquire RIGHT-OF-WAY along Denton Tap Road, a
portion of which is adjacent to the PROPERTY; and
WHEREAS CENTEX desires to dedicate the RIGHT-OF-WAY, more particularly
described in Exhibit "B" attached hereto, (the "RIGHT-OF-WAY") along Denton Tap Road to
the CITY in exchange for 100% CREDIT against future roadway impact fees to be assessed
against the PROPERTY; and
WHEREAS the dedication of the RIGHT-OF-WAY by CENTEX will be in lieu of the
CITY purchase of the RIGHT-OF-WAY at a future date; and
WHEREAS the CITY desires to acquire the RIGHT-OF-WAY by dedication from
CENTEX in exchange for 100% CREDIT against roadway impact fees to be assessed by the
CITY against the PROPERTY; and
98252 06865
NOW THEREFORE, in consideration of ten dollars ($10.00) the mutual covenants and
other valuable consideration, the sufficiency and receipt of which is hereby acknowledged, the
parties as follows:
1. CENTEX shall by separate instrument satisfactory to the CITY, dedicate or grant the
RIGHT-OF-WAY to the CITY on or before June 31, 1998.
2. Upon dedication of the RIGHT-OF-WAY by CENTEX, the CITY agrees to provide a
CREDIT in the amount of 100% not to exceed $4.00 per square foot of the RIGHT-OF-WAY
(the "CREDIT") against future roadway impact fees to be assessed against the PROPERTY.
All parties hereto acknowledge that the CITY has no obligation to condemn or pay any sum of
money in connection with such dedication or grant of easement for the RIGHT-OF-WAY.
The parties further acknowledge that if the CREDIT exceeds the amount of roadway impact
fees assessed against the PROPERTY or in the event that roadway impact fees are not assessed
against the PROPERTY, the CITY shall not be liable for or be obligated to pay any such
remaining CREDITS in cash or equivalent to CENTEX or its successors.
3. NOTICE
All notices required by this Agreement shall be addressed to the following, or other such
party or address as either party designates in writing, by certified mail, postage prepaid or by
hand delivery:
If intended for CENTEX, to:
Address: Centex Development Company
2728 N. Harwood Street
Dallas, Texas 75201-1516
Phone: (214) 981-6709
Fax: (214) 981-6888
Attn: Dan Anderson
98252 Ci6866
If intended for CITY, to:
Address: City of Coppell, Texas
City Manager
P. O. Box 478
Coppell, Texas 75019
4. SUCCESSORS AND ASSIGNS
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. This
Agreement may be assigned with the consent
unreasonably withheld, conditioned, or delayed.
5.
of the CITY, which consent shall not be
SEVERABILITY
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.
6. GOVERNING LAW
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 the State District Court of Dallas County, Texas.
7. ENTIRE AGREEMENT
This Agreement embodies the complete Agreement of the parties hereto, superseding all
prior oral or written previous and all contemporaneous oral Agreements between the parties and
relating to the matters in this Agreement, and except as otherwise provided herein cannot be
modified or amended without written Agreement of the parties to their Agreement.
982[52 E 6867
8. AGREEMENT RUNS WITH THE LAND
The provisions of this Agreement are hereby declared covenants running with the
PROPERTY and are fully binding on all successors, heirs, and assigns of CENTEX 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 perform the provisions of this Agreement with
respect to the right, title, or interest in such PROPERTY.
9. INCORPORATION OF RECITALS
The recitals to this Agreement are hereby incorporated herein as part of this Agreement.
10. EXHIBITS
All exhibits to this Agreement are incorporated herein by reference for all purposes
wherever reference is made to the same.
EXECUTED in duplicate originals this the i q day of ~T'V,,v~
,1998.
CITY OF COPPELL, TEXAS
, MANAGER
TT CITY
CENTEX DEVELOPMENT COMPANY,
a division of CENTEX HOMES, a Nevada
general partnership
By:
Name:
Title:
98252 U6868
ATTEST:
By:
KATHLEEN ROACH, CITY SECRETARY
APPROVED AS TO FORM:
PETER G. SM RNEY
98252 C!6869
CITY MANAGERS ACKNOWLEDGEMENT
STATE OF TEXAS
COUNTY OF DALLAS
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared Jim Witt, City Manager of the City of Coppell, Texas, a
municipal corporation, known to me to be the person and officer whose name is subscribed to
the foregoing instrument and acknowledged to me that the same was the act of the said City of
Coppell, Texas, a municipal corporation, that he was duly authorized to perform the same by
appropriate resolution of the City Council of the City of Coppell, and that he executed that same
as the act of said City for the purpose and consideration therein expressed and in the capacity
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the/5/7'//day of
~'t4~ ,1998.
Notary Public, State of Texas
98252 Ci6870
I!
CORPORATE ACKNOWLEDGEMENT
STATE OF TEXAS
COUNTY OF DALLAS
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared "3')CI. KIGakk,'~lZP,,S2'~l, V'.P- , of Centex
Development Company, a division of Centex Homes, a Nevada general partnership; being
known to me to be the person and officer whose name is subscribed to the foregoing instrument
and acknowledged to me that the same was the act of the said partnership for the purpose and
consideration therein expressed and in the capacity therein stated.
UNDER MY HAND AND SEAL OF OFFICE this the ~Ct4Lday of
c-T_~ GIVEN
LLIL!~_ ) ,1998.
~tate of Texas 0A~D
98252 06871
EXHIBIT "A"
EXHIBIT "B"
LEGAL DESCRIPTION
RIGHT-OF-WAY PARCEL No. 5A
BEING 599 square feet of land located in the Clarinda Squires Survey, Abstract
No. 1327, Dallas County, Texas, being a portion of that certain 23.589 acre tract
of land described in deed to Vista Partners, recorded in Document No. 93-
R0066535 of the Real Property Records of Denton County, Texas and being
more particularly described by metes and bounds as follows:
BEGINNING at a point in the East right-of-way line of Denton-Tap Road (a
variable width right-of-way), being the west line of the said 23.589 acre tract
described in the deed mentioned above, also being the Northwest comer of that
certain 2.137 acre tract of land described in deed to Denton County Levee
Improvement District No. 1, recorded in Volume 95174, Page 02343 of the Deed
Records of Dallas County, Texas;
THENCE N 00°17'49"W along the East right-of-way line of said Denton-Tap
Road, 55.69 feet to a 112-inch iron rod set;
THENCE S 45°~15'33"E, 18.42 feet to a 1/2-inch iron rod set;
THENCE S 00°15'33"E, 36.38 feet to a 1/2-inch iron rod set in the North
boundary line of said 2.137 acre tract of land;
THENCE S 63°53'15"W along the North boundary line of said 2.137 acre tract,
14.43 feet to the PLACE OF BEGINNING, containing 599 square feet
of land.
98252 06873
LEGAL DESCRIPTION
RIGHT-OF-WAY PARCEL No. 5B
BEING 1,697 square feet of land located in the Clarinda Squires Survey,
Abstract No. 1327, Dallas County, Texas, being a portion of that certain 23.589
acre tract of land described in deed to Vista Partners, recorded in Document No.
93-R0066535 of the Real Property Records of Denton County, Texas and being
more particularly described by metes and bounds as follows:
BEGINNING at a point at the intersection of the East right-of-way line of Denton-
Tap Road (a variable width right-of-way) and the South right-of-way line of
Natches Trace Drive (a variable width right-of-way);
THENCE N 89°42'11 "E along the South right-of-way line of said Natches Trace
Drive, 21.13 feet to a 1/2-inch iron rod set;
THENCE along proposed East right-of-way line of Denton-Tap Road as follows:
S 00°15'33"E, 83.97 feet to a 1/2-inch iron rod set at the beginning of a
curve to the right;
SOUTHEASTERLY, 6.34 feet along said curve to the right, having a
radius of 1,472.00 feet, a central angle of 00°14'49'', and a chord
bearing of S 00°08'09"E, 6.34 feet to a 1/2-inch iron rod set at the
beginning of another curve to the right;
SOUTHWESTERLY, 65.09 feet along said curve to the right having a
radius of 250.00 feet, a central angle of 14°55'03'', and a chord bearing
of S 07°26'47"W, 64.91 feet a 1/2-inch iron rod set at the beginning of
a curve to the left;
SOUTHWESTERLY, 46.25 feet along said curve to the left having a
radius of 250.00 feet, a central angle of 10°36'02", and a chord bearing
of S 09°36'17"W, 46..19 feet to a 1/2-inch iron rod found at the
beginning of a curve to the right;
SOUTHWESTERLY 17.80 feet along said curve to the right having a
radius of 1,460.00 feet, a central angle of 00041'55'', and a chord
bearing of S 04°39'14"W, 17.80 feet to a 1/2-inch iron rod set;
S 05°00'11"W, 8.28 feet to a 1/2-inch iron rod set in the said East right-
of-way line of Denton-Tap Road;
THENCE along the existing East right-of-way line of said Denton-Tap Road as
follows:
98252 0687b,
Exhibit "~"
N 06'Cff"36"W, 20.69 feet to a 5/8-inch iron rod found;
N 00°17'49~W, 205.52 feet to the PLACE OF BEGINNING, containing
3,479 square feet of land.
98252 06875
LEGAL DESCRIPTION
RIGHT-OF-WAY PARCEL No. 5C
BEING 9,006 square feet of land located in the Clarinda Squires Survey,
Abstract No. 1327 and the G.C. Woolsey Survey, Abstract No. 1402, Dallas
County, Texas, being a portion of that certain 23.589 acre tract of land described
in deed to Vista Partners, recorded in Document No. 93-R0066535 of the Real
Property Records of Denton County, Texas and being more particularly
described by metes and bounds as follows:
BEGINNING at a point in the East right-of-way line of Denton-Tap Road (a
variable width right-of-way) with it's i~th the North right-of-way line
of Natches Trace Drive (a variable ~y);
THENCE N 00°17'49"W along the Etll~l~y line of said Denton-Tap'
Road, 956.90 feet to a point at the beginning of a non-tangent curve to
the left;
THENCE SOUTHEASTERLY, 9.72 feet along a non-tangent curve to the left
having a radius of 3831.72 feet, a central angle of 00°08'43% a chord
bearing of S 74°17'02"E, 9.72 feet to a point;
THENCE S 00°17'49"E, 152.87 feet to a 5/8-inch iron rod found in the South
right-of-way line of State Highway No. 121 Bypass;
THENCE N 27003'36"E, along the South right-of-way line of State Highway No.
121 Bypass, 0.79 feet to a ll2-inch iron rod set;
THENCE S 00°15'33"E, 802.05 feet to a ll2-inch iron rod set in the said North
right-of-way line of Natches Trace Drive;
THENCE S 89°42'11 "W, along the North right-of-way line of said Natches Trace
Drive 9.18 feet to the PLACE OF BEGINNING, containing 9,006 square feet of
land.
98252 06876
98 DEC 30 F'M 12~ 09
I:~ 2, t., ~,i i 'i' i,S L E R K
. ~r. c C{]UNTY
LL89n 29a86
Any provision hereln wh ch restr cts the sa e, rental or use of the
described real property because (~f color of .ace is invalid end
unenferceable under federal law,
STATE OF TEXAS COUNTY OF DAUJ',S
I hereby certify this instrument was filed on the date and
stamped herean by me and was duty ,ecorded in the volume ·
palCa'of the named records of Dallas County, Texas a,~ stem;col
hareon by me,
COUNTY CLERK, Dallas County, Texas