TC Bank-ES040625EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (this "Agreement"), is made as of this ~'~ day
Of T~13kWN 2004, between TOWN CENTER HOLDINGS, INC., a Texas corporation,
(" CENTER"); and DENTON TAP DEVELOPMENT, LLC, a limited liabilit~
company organized under the laws of the State of Ind~n~a, having an address at 280 East 96m
Street, Suite 250, Indianapolis, Indiana 46240 ("DENTON TAP").
Prelimlnllry Statement
Town Center is the owner of certain real property located in the City of Coppell, Texas,
as more particularly descn'oed in Schedule **A** annexed hereto (the '*Town Center Parcel**).
Town Center intends to construct and operate on the Town Center Parcel a retail bank branch
and related improvements and related parking and site facilities, provided, however, that this
sentence shall not be construed to limit Town Center's use of the Town Center Parcel to the
construction and operation of a bank.
Denton Tap is the owner in fee of ce~ain real property located in the City of Coppell,
Texas (the "Denton Tap Parcel*'), located adjacent to the Town Center Parcel, as more
particularly described in Schedule "B*' annexed hereto, save and except the Town Center Parcel
which is adjacent to the Denton Tap Parcel.
The Town Center Parcel and the Denton Tap Parcel are herein collectively referred to as
the '*Parcels'*, and each individually as a '*Pareel*'.
Town Center and Denton Tap (each of whom, including its heirs, successors, grantees
and assigns, as well as any lessee of any Parcel or part thereof who has expressly assumed all of
the obli?tions of the owning party under this Agreement, shall hereinafter be ~obm~l to
individually as an '*(~er'*, and all of whom, including their respective heirs, successors,
grantees and assi~ns, as well as any lessee of any Parcel or part thereof who h~q expressly
assumed all of the obligations of the owning party under this Agreement, slutll hereinafter be
referred to collectively as the "Owam**) recognize that for the most favorable development and
use of the Parcels, it is necessary that they agree and cooperato with respect to the operation and
maintenance of their Parcels as more particularly set forth herein. Town Center and Denton Tap
the~fore intend herein to grant to one another roadway easements for pedestrian and vehicular
ingress, egress, passage and delivery over, upon and across the Easement Parcels (as defined
below). Town Center and Denton Tap also intend herein to provide for c. ea'min obligations with
respect to the construction, operation and maintenance of the roadway to be constructed on the
Parcels. The easements and obligations set forth he, c-la .~hAI1 ~ to the benefit of and bind the
respective Parcels, and the Owners of such Parcels or any portion(s) thereof.
NOW, TI~EREFORE, in consideration of ten dollars ($I0.00) the mutual covenants and
agreements hereinafter set forth, and other good and valuable consideration, the mutual receipt
and legal sufficiency of which are hereby acknowledged, Town Center and Denton Tap,
intending to be legally bound, hereby grant, covenant and agree as follows:
~?M#IO0 nnl~
ARTICLE I - GRANT OF EASEMENTS
Section 1.01. Driveway Easements.
(a) Denton Tap hereby grants, bar~in~, sells and conveys to Town Center, for the
benefit of the Town Center Parcel, the Denton Tap Easement Parcel. The term '~enton Tap
Easement Pm-eel" meuns a perpetual, non-exclusive easement and fight to the use of those
portions of the Denton Tap Parcel, described as an approximately rectangular area having as its
(i) northernly boundary the boundary line between the Town Center Parcel and the Denton Tap
Parcel, (ii) southernly boundary a line parallel to such northernmost boundary of the Denton Tap
Parcel twelve feet (12') from such northernmost boundary, (/ii) a westemly boundary at the
western boundary lines of the Town Center Parcel and the Denton Tap Parcel, which is the
eastemly boundary 1/ne of the fight-of-way of Denton Tap Road, and (iv) an eastemly boundary
at the eastemly boundary line of the Town Center Parcel end the Denton Tap Parcel, which is the
westernmost boundary line of the Coppell Middle School North Addition to the City of Coppell,
as shown on the map or plat thereof in Volume 98219, Page 56, of the Deed Records of Dallas
County, Texas and as approximately as shown as the eross-hatched area in Schedule "C". upon
and subject to the teams and conditions more particularly set forth herein, for the purposes of free
and unobstructed vehicular and pedestrian ingress, egress, passage and delivery over, upon and
across the Denton Tap Easement Parcel.
Co) Town Center hereby grants, bargain.~, sells and conveys to Denton Tap, for the
benefit of the Denton Tap Parcel, the Town Center Easement Parcel. The t~m '~rown Center
Easement Parcel" means a perpetual, non-exclusive easement and right to the use of those
portions of the Town Center Parcel, descn'bed as an approximately rectangular area having as its
(i) southemly boundary line the boundary line between the Town Center Parcel and~the Danton
Tap Parcel, (ii) northemly boUOdm-y line a line parallel to such southeruly boundary line of the
Town Center Parcel twelve feet (12') from such southernly boundary line, (iii) a westernly
boundary line at the western boundary lines of the Town Center Parcel and the Denton Tap
Parcel, which is the eastemly boundary line of the fight-of-way of Denton Tap Road, and (iv) an
eastemly boundary line at the easternly boundary lines of the Town Center Parcel and the
Denton Tap Parcel, which is the westernmost boundary line of the Coppell Middle School:-lq/~rth
Addition to the City of Coppell, as shown on the rnmp or plat thereof in Volume 98219, page 56,
of the Deed Records of Dallas County, Texas, and as appro~mately shown as the cross-hatched
area in Schedule 'C", upon and subject to the terms and conditions more pm~icularly~ set forth
here/n, for the purposes of free and unobstructed vehicular and pedestrian ingress, egressa.
passage and delive~ over, upon and across the Town Center Easement Parcel. The Denton
Easement Parcel and the Town Center Easement Parcel are herdn~er collectively referred to as
the "Driveway Easement Parcels"), upon and subject to the terms and cond/fions more
part/cularly set forth herein, for the purposes of free and unobsh-ucted vehicular and pedestrian
ingress, egress, passage and delivery over, upon and across the Town Center Easement Parcel to
and t~om the Town Center Parcel.
(c) The easements granted in Section 1.01(a) and 1.01 Co) above shall be for the
benefit of, but not restricted solely to, the Owne~, and the Owners may grant the benefit of said
Easements to (i) the tenants and other occupants of the Parcels for the duration of such tenancy
or occupancy, and (ii) the customers, employees, agents and business invitees of Owners.
Notwithstanding the foregoing, the grants of said Easements are not intended to, nor shall they
be construed to, create any rights in or for the benefit of the general public; nor shall said grants
affect any real property outside of the Parcels. The Easements are reserved for the
aforementioned uses for the term of thi.~ AgreemenL
ARTICLE H - MAINTENANCE AND OPERATION
Section 2.01. Construction find Msintennce. Town Center shall construct a twenty-
four foot (24') wide paved roadway to be located on the Driveway Easement Parcels (the
"Common Roadway"). The Common Roadway will be constructed approximately one-hnlf
(twelve feet in width) on the Town Center Easement Parcel'and approximately one-half (twelve
feet in width) on the Denton Tap Easement Parcel, including all associated curb cuts and aisle
openings, in accordance with applicable law. The Common Roadway shall be constructed in a
good and woricm~nh'lre manner in sRlbsta~tial c, onfoHnity With applicable law and standards of
comparable accessways in the surrounding market areo. Town Center shall maintain, l~pair and
replace all hnproved portions of the Common Roadway in such a way as will keep such area at
all times in a safe, sightly, good and functional condition, in conformity with standards of
comparable accessways in the surrounding market are~ To facilitate such maintenance, repair
and replacement, Town Center is hereby authorized to operate, equip, m~llnt~lln, insllre, rg~l~f.,e,
repair and police the Driveway Easement Parcels and the Common Roadway in its sole, but
reasonable discretion.
Section 2.02. Construction and Maintenance Costs. Town Center shall_ bear all
costs incurred with respect to Town Center's initial construction of the Common Roadway. The
Owner of the Denton Tap Parcel, other th~ Denton Tap, shall be liable to reimburse Town
Center for one-half (1/2) of the cost of reasonably necessary maintenance, replacement, and
repairs of the Common Roadway and any alterations to the Common Roadway required by
applicable law effective on the date the Denton Tap Parcel is fifli~ developed and put into service
for a commercial use. ~'~
Section 2.03. Liens.
(a) In the event that any mechanic's lien is filed against all or any portion of the Town
Center Parcel and/or the Town Center Easement Parcel as a result of services performed or
materials furnished by or on behalf of Denton Tap, D~nton Tap agrees to cause such lien to be
dischm'ged prior to an entry of final judgment (after all appeals) for thc foreclosure of such lien
and further agrees to indemn/fy, defend and hold harmless Town Center and the Town Center
Parcel from and against any liability, loss, damage, cost and/or expense (including reasonable
attorneys' fees and costs of suit) on account of such claim of lien- Upon request of Town Center,
Denton Tap agrees to promptly cause such lien to be released and discharged of record, either by
paying the indebtedness which gave rise to such lien or by posting bond or other security as shall
be required by law to obtain such release and discharge, but, in any event, within thirty (30) days
of filing. Nothing herein shall prevent Denton Tap from contesting the validity thereof in any
manner it chooses, so long as such contest is pursued with reasonable diligence; and in the event
such contest is det~'mined adversely (allowing for appeal to the highest appellate court), Denton
Tap shall promptly pay in full the required amount, together with all interest, penalties and other
charges imposed thereon, if any, necessary to release seth lien.
(b) In the event that any me~hanlc's lien is filed against all or any portion of the
Denton Tap Parcel as a result of services performed or mate~als furnished by or on behalf of
Town Center, Town Center agrees to cause such lien to be discharged prior to an entry of final
judgment (after all appeals) for the foreclosure of such lien and further agrees to indemnify,
det~d and hold harmless Denton Tap and the Denton Tap Parcel from and against any liability,
loss, ~hmage, cost and/or expense (including reasonable attorneys' fees and costs of suit) on
account of such claim of lien. Upon request of Denton Tap, Town Center agrees to promptly
cause such lien to be released and discharged of record, either by paying the indebtedness which
gave rise to such lien or by posting bond or other security as shall be required by law to obtain
such release and discharge, but, in any event, within thirty (30) days of filing. Nothing herein
shall prevent Town Center from contesting the validity thereof in any manner it chooses, so long
as such contest is pursued with reasonable diligence; and in the event such contest is determined
adversely (allowing for appeal to the highest appellate court), Town Center shall promptly pay in
full the required amount, together with all interest, penalties and other charges imposed thereon,
if any, necessm3t to release such liem
,Section 2.04. Prescriptive Rights.
(a) Town Center reserves the right to close off any or all of the Town Center Parcel,
includIng the Town Center Easement Parcel, for such reasonable period of time as may be
legally necessary, in the reasonable opinion of Town Center's counsel, to prevent the acquisition
of prescriptive rights by anyone; urovided, however, that prior to such closing off, Town Center
shall give written notice to Denton Tap of its intention to do so, and shall attempt to coorflinate
such closing with Denton Tap so that no unreasonable interference in the passage of pedestrians
or vehicles shall occur and no closing shall exceed in the aggregate twenty-four (24) hours per
year.
(c) Denton Tap reserves the right to close off any or all of the Denton Tap Parcel,
including the Denton Tap Easement Parcel, for such reasonable period of time as may be legally
necessary, in the reasonable opinion of Denton Tap's counsel, to prevent the acquisition of
prescriptive rights by anyone; ~,lovided, however, that prior to such closing off, Denton Tap shall
give written notice to Town Center of its intention to do so, end shall attempt to coordinate such
closing with Town Center so that no unreasonable interference in the passage of pedestrians or
vehicles shall occur and no closing shall e~ceed in the aggregate twenty-four (24) hours per year.
(d) Section 2.05. Owner's Rip. hts. Subject to the provisions of Section 3.01 hereof;
Owners reserve the right to use, and/or modify the use and/or configuration of improvements on,
their respective Parcels at any time and from lime to time for their own purposes, including,
without limJta6on, for the installation, operation, ma/ntenance, repair, replacement, removal
and/or relocation of utility lines; provided, however, that no such use or modification shall
prevent the other Owner from using and enjoying the Driveway Parcel Easemants and the
Common Roadway contemplated by this Agreement. Each Owner shall have the right to install
convenience facilities (such as mailboxes or benches), landscaping, phnters, limited curbing or
other traffic controls on its Parcel, provided that such improvements do not unreasonably
interfere with access to or traffic circulation between the Parcels; and further provided that the
Owner installing such convenience facilities, landscaping, planters, limited cuffoing or other
traffic controls shall bear the cost of such installation and maintenance.
ARTICL~ HI - COVENANTS AND i~..gTRICTIONS
~. Restrictions on Easement. The Easements shall be subject to the
following restrictions, which shall all be binding on each Owner and each of its tenants,
occupants, employees, agents or invitees:
The Driveway Easement Parcels and the Common Roadway cannot be relocated,
access terminated (subject to the prov/sions of Section 2.04) or mod/fled by an Owner ora Parcel
without the prior written consent of the Owner of the other Parcel, such consent to be in the sole
discretion of such other Owner.
ARTICLE IV - INDElVlNIFICATION
Seetion 4.01. Indemntfleaflon. Ea~ Owner shall indemnify, defend and hold the other
Owner harmless from and against any damages, liability, actions, costs, claims, and expenses
(including an__,)meys' fees in a reasonable emount) suffered by such other Owner in connection
with any loss of life, personal injury and/or damage to property, including, without limitation,
environmental liability and/or cleanup costs, arising from or out of any occurrence in or upon the
portion of the Driveway Easement Parcel upon such other Owner's Parcel to the extent caused by
the Owner, its tenants, occupants, agents, coniractors, employees, licensees, customers and/or
~eefion 4.02. ~. Each Owner shall maintain comprehens/ve general
liability insurance insuring aga;n~ claims on account of loss of life, bodily injury or pioperty
damage that may arise from, or be occasioned by the condition, use or occupancy of the portion
of the Driveway Easement Parcels on such Owner's Parcel. Said insmance shall be ca~ded by a
reputable insurance company or companies qualified to do business in the State of Texas. In
addition, to the extent permitted by applicable law, Owners hereby waive and release all rights of
subrogation they or their respective/nsurance companies may have agsinnt the other tinder theh'
respective insurance policies.
ARTICLE V- TERM
Seeflon 5.01. Term. This Agreement and the easements, rights, obligations and
1/abilities created hereby shall be perpetual and nm with the land to the maximum extent
p~m/tted by applicable law.
ARTICLE VI- EMINENT DOMAIN
Secl/on 6.01. Eminent Domsin. In the event the whole or any part of the Easement
Parcels shall be permanently taken by right of condemnsfion, eminent domain or any similar
authority of law (a "Taking"), the entire award for the value of the land and improvements so
taken shall belong to the Owner of the property so taken or to such Owner's mortgagees or
tenRntS, as their Interest may appear, and no othar Owner shah have a right to cislm any portion
of such award by virtue of any interest c~eated by this Agreement. Any Owner of a Parcel which
is not the subject of a taking rosy, however, file a subsequent, independent claim with the
condemning authority, over and above the value of the land being so taken, to the extent of any
damage suffered by such Owner as the result of the severance of the land or improvements so
taken, if such claim shall not operate to reduce the award allocable to the Parcel takem
Section 7.01. Self-Heln: Lien Ri~,ht~
(a) If either Owner shall default in the pedormance of an obligation of such Owner
(such Owner being herein called a "Defaulltng Owner"), which default affects the Owner of the
other Parcel or any occupant thereof (an "Affected Party"), such Affected Party, in addition to
all other remedies it may have at law or in equity, ~ ten days' prior written notice to the
Defaulting Owner and any Mortgage (as defined hereafter) lender (or In the event of an
emergency a~r such notice as is practical under the circumstances), shall have the right to
perform such obligation on behalf of the Defaulting Owner, subject to the dispute provisions of
Section 7.06. In such event, the Defaulting Owner shall promptly reimburse the Affected
the cost thereof, together with interest thereon from the date of outlay at a rate equal to the lesser
of (i) two percent in excess of the prime lending rate charged by Cih~oank, N.A. for comme~g~ll
loans to its most prefen-ed commereial customers or (ii) the highest rate l~,mitted bE_applicable
law (the ~interest Rate~).
Co) Any such claim for re~nbursement, tog~ber with interest thereon as aforesaid,
shall be secured by a lien on the Parcel and improvements thereon owned by the Defaulting
Owner, which lien slmll be effective upon the recording of a notice thereof in the Office of the
Clerk of the County In which the Easement/s located. The lien shall be subordinate to any
mortgage or deed of trust now or hereafter affecting the subject Parcel (a "Mortgage") which is
of record prior to the date upon which notice of the lien is filed in the said Clerks office; and any
purchs.~r at any foreclosure or tn~tee's sale (as well as any grantee by deed in lieu of
foreclosure or tmatee's sale) under any such Mortgage .~hRll take title subject only to liem
thereafter accruing pursuant to this Section 7.01.
~ lnimictive and Other l~sm~ltN. In the evem of a breach by either Owner
of any obligation of this Agreement, the other Owner shsl! be entitled to obtain an injunction
specifically enforcing the performance of such obligation; the Owners hereby acknowledge the
inadequacy of legal remedies and the irrepm-able harm which would be caused by any such
breach. Any action taken or document executed in violation of this Agreement shall be void and
may be set aside upon the petition of the other Owner. Any costs and expenses of any such
I 9m~l 99 f~fl I "~o
proceeding including attorneys' fees in a reasonable amount, shall be paid by the Defaulting
Owner and, if recorded without effective Dispute as provided in Section 7.06, shall constitute a
lien again.,rt the land, and improvements thercon, or the interests therein, uutil paid.
Section 7.03. Non Waiver. No delay or omission of either Owner in the exercise of any
fight accruing upon any defanlt of the other Owner shall impair such right or be construed to be a
waiver thereo~ and every such right may be exercised at any time during the continuance of such
default. A waiver by either Owner of a breach ot~ or a default in, any oftbe terms and conditions
of this Agreement by the other Owner shall not be construed to be a waiver of any subsequent
breach of or default in the same or any other provision of this Agreement. Except as otherwise
specifically provided in thi.~ Agreement, (i) no remedy provided in this Agreement shall be
exclusive but each shall be cumulative with all other remedies provided in this Agreement and
(ii) all remedies at law or in equity shall be available.
.Section 7.04. Non-Termln~ble A~r~-m~nt No breach of the provisions of thi.~
Agreement shall entitle either Owner to cancel, rescind or otherwise t~rminate this Agreement,
but such limitation sh,ll not affect, in any manner, any other rights or remedies which any party
may have hereunder by reason of any breach of the provisions of this Agreement. No breach of
the provisions of thi~ Agreement shall defoat or render invalid the lien of any mortgage or deed
of trust made in good faith for value covering any part of the Easements, and any improvements
thereon.
Section 7.05. ~. In the event either Owner shall be delayed or hindered in
or prevented l~om the perform~,~ce of any act required to be performed by such party by reason
of Acts of God, strikes, lockouts, unava/lability of materials, failure of power, protu"oifive
governmental laws or r~ulations, riots, insu~ectiom, the act or failure to act of the other party,
adverse weather conditions preventing the performance of work as certified to by au'architect,
war or other reason beyond such party's control, then the time for performall~ of SUch act ~
be extended for a period equivalent to the period of such delay. Lack of adequate funds or
financial inability to perform sh~ll not be deemed to be a cause beyond the control of such party.
Section 7.06. Di~ ute Resol~tion. Any dispute between the parties may be litigated
under the provisions of any simplified ps~edure for court determination of disputes applicable
under the laws of the Stnte in which the Easements are located, if appropriate and available, or,
with the mutual agreement of the parties, may be submitted to arbitration; in either of which
events all parlies will join in a request for expediting the disposition of any proceeding brought
to resolve the dispute. Thc pr~tailing pa~y in the dispute shall be reimbursed for any court
charges related to the resolution of the dispute and its reasonable attorneys foes.
ARTICLE VIII - NOTIC~..~
Se~ion 8.01. All notices, demands, consents, approvals and other communications
(collectively, "Notices") which are required or desired to be given by either party to the other
hereunder slmll be in writing and shall be hand delivered, se~t by Federal Express or simile'
overnight delivery, lransmilted by telecopy or fax machine or sent by United States registered or
certified mail, postage prepaid, remm receipt requested, addressed to the appropriate party at its
address set foxth below, or at such other address as such party shall have last des/~onsted by
notice to the other. Notice~, demallds, consellts, approvals, ~ other commlluicallons shall be
deemed ~iven (i) three days al°/er mailing, (ii) on the date delivered if by hand, or (ii) the day
following mailing if sent by overnight mail.
To Town Center:
Town Center Holdings, Inc.
721 Merlee Circle
Coppell, Texas 75019
Attm Ed Thomas
With a copy to:
Charles T. Clark, Esq.
Clark Law Firm PC
1000 Providence Towers East
5001 Spring Valley Road
Dallas, Texas 75244
To Owner:
Denton Tap Development, LLC
Attn: John B. Urbshns
280 East 96m St., Suite 250
With a copy to:
Denton Tap Development, LLC
Attn: Stephan R. Thompson
1400 Noel Road
Suite #1023
Dallas, Texas 75240
Barbara A. Wolanty, F..sq.
Robinson Wolenty & Young, LLP
8888 Keystone Crossing, Suit~ 710
Indianapolis, Indiana 46240
Notices may be given by counsel for the parties descnq~ed above, and such Notices shall be
deemed given by Seller or Purclmser, as the case may be, for all purposes.hea~under.
ARTICLE IX- MISC~.~ .i.ANEOUS
Section 9.01. Severability. If any provision of this Agreement, or portion thereof, orthe
application thereof to any person or circumstances, shall to any extent be held invalid,
inoperative or unenfoweable, the remslnder of this Agre~aent, or the application of such
provision or portion thereof to any other persons or c/rcum.qmnces, shall not be affected thereby,
it shall not be deemed that any such invalid prov/sion affects the consideration for this
Agreement4 and each provision of this Agreement shall be vai/d and enforceable to the fullest
extent permitted by law.
Section 9.02. ~. This Al~ment shall be construed in accordance with
the laws of the State of Indiana, without reEard to conflict of law principles.
~ Captions. The captionS preceding the text of each Section of this
Agreement arc included for convenience only, shall in no way define or limit the scope or
content of this Asreement, and shall not be considered in any conStruction or interpretation of
this Al~eraent or any part hereof.
Section 9.04. No Joint Venture. Nothing in this Agreement shall be construed to make
the parties hereto partners or joint venture~ or render any of said parties liable for the debts or
obligations of the others, except as set forth herein.
Section 9.05. Successors and AssfRns: LJmlt_n__tinn~ On l,inhiHi~. This Agreement shall
be binding upon and inure to the benefit of the respective successors and assigns of the parties
hereto. Notwithstanding anything to the contrary contained, in this instrument, each party to this
Agreement shall be liable and responm~ole for the obligationS, covenants, agreements and
responSibilities created by this Agreement and for any judgment rendered hereon only to the.
extent of its respective interest in the land and improvements on its respective Parcel.
Section 9.06. Modification. This Alinement may be not amended, modified, or
terminated at any time except by a declaration in writing, executed and acknowledged by all the
parties to the Agreement or their successors or assigns.
Section 9.07. Due Authorization. The parties hereto warrant and represent to each
other that they have all requisite authority under their respective organi?ational documents to
execute, deliver and perform under this Agreement.
~ Counterparts. This Agreement may be executed in several counterparts,
each of which shall be deemed an ori~nnL and all of which, taken together, shnl! constitute_ this
Agreement.
Section 9.09. Non=Dedication~ No Third Party RiRh~. Nothing contained in this
Agreement .ehnll be deemed to be a iii~ or dedication of any portion of the Town Canter Parcel
and/or theDenton Tap Parcel to the general public or for any public use or purpose whatsoever,
it being the intention of the part/es hereto and their successors and assi?~ and that nothing in
this Agreement, expressed or implied, shall confer upon any person, other than the parties hereto
and their successors and assigns, any fights or remedies under or by reason of this Agreement. It
/s specifically understood and agreed that the only parties who may enforce the tet'~us and
conditions of this AEreement are the siinatories hereto and their respective successors and/or
essigns.
[SIGNATURES APPEAR ON FOLLOWING PAGE]
I~ WITleSS WR~.REOF, the parties hereto have camsed thi~ Agreement to be executed
as of the day and year first above writter,
TOWN CENTER HOLDINGS, INC.,
STATE OF TEXAS
COUNTY OF ~o~,,'~
DENTON TAP DEVELOPMENT, LLC,
//~o~n B. Urbalms, Member
4~x~s instrument was acknowledged _before me on this the 7~,4 day of
m~ of' 2004, by ~V~K,-~ $ ,~lk~.- -- , the
~e~ TOWN CENTER HOLDINGS, INC., a°Texas corporation, on behalf of
said corpor~ion. O/f/
otary Public m and foJ th~ State of Texas
/
My Commission Expires:
Print/Typed Name of Notary
STATE OF~~_
COUNTYOF m~[~-l~) b,~
My Commission Expires:
This instrument was acknowledged before me on this the ~ day of
c"-~c~ , 2004, by John B. Ul~hns, the member of DENTON TAP
DEVL~LOPMENT, LLC, an Indiana limited liability company, on behalf of said limited liability
company.
Notary Publ~lc in and for the State of [ ~ &a_~
Print/Typed~Name of Notary
TOWN CENTER TRACT LEGAL DESCRIFFION
Being a part ora called 7.223 acre tract ofhnd situated in the G.C.Woolsey Survey, Abstract
No. 1402, and the Clarinda Squires Survey, Abstract No. 1327, City of Coppell, Dallas County,
Texas, said 7.223 acre tract being described in a deed to De~ton Tap Development, LLC of
record in Volmne 99171, Page 2395, Deed Records, Dallas County, Texas, and being more
pmt/cularly described as follows:
Beginning at a ½" iron rod set for comer in the East right-of-way line of Denton Tap Road
(variable width fight-of-way) at the Southwest comer of Dyna.~y Cleaners Addition, an addition
to the City of Coppell, Dallas County, Texas, according to the plat thereof recorded in Volume
2002124, Page 57, Deed Records, Dallas County, Texas;
Thence East, along the South line of said Dynasty Cleaners Addition, a distance of 214.44 feet to
a ½" iron rod found for comer at the Southeast comer thereof and being the most Western comer
of Sack/n the Box Addition, an addition to the City of Coppell, Dallas County, Texas, according
to the plat thereof recorded in Volume 2000176, Page 703, Deed Records, Dallas County, Texas;
Thence South 46 degrees, 57' 37" East, along the Southwest line of said Jack in the Box
Addition, a distance of 105.22 feet to a point for comer at the Northwest comer of Coppell
Middle School Addition, an addition to the City of Coppell, Dallas County, Texas, according to
the plat thereof recorded in Volume 98219, Page 56, Deed Records, Dallas County, Texas, from
which a "P.IC" Na/1 found for reference bears South 78 degrees, 46' 47" East, a d/stance of 1.05
feet;
Thence South 00 degrees 42' 23" West, along the Wezt l/ne of sa/d Coppell Middle School
Addition, a d/stance of 168.82 feet to an "x" set for comer;,
Thence West, a distance of 292.19 feet to an "x' set for comer in thc East fight-of-way line of
said Denton Tap Road;
Thence North 00 degrees 41 ' 48" East, along the East right-of-way line of said Denton Tap
Road, a distance of 240.64 feet to the place of beginning and containing 1.550 acres of land.
~ma199 flfllqq
DENTON TAP PARCEL LEGAL DESCRIPTION
BEING a 7.223 acre Wact of land situated in the G. C. WOOLSEY SURVEY, ABSTRACT NO.
1402, and the CLARINDA SQUIRES SURVEY, ABSTRACT NO. 1327, in City of Lewisville,
Dallas County, Texas and being a portion of that tract of land descn~ed in deed to Vista Parting,
recorded in Volume 93184, Page 4500, of the Deed Records of Dallas County, Texas
(D.R.D.C.T.), said 7.223 acre tract being more particularly described by metes and bounds as
follows:
BEGINNING at a 5/8 inch iron rod capped "Carter & Burgess" found for the Northwest comer
of Coppell Middle School North Addition, an Addition to the City of Lewisville, Dallas County,
Texas, recorded in Volume 98219, Page 56 D.R.D.C~T., said point being in the South Right-of-
Way (R.O.W.) line of Vista Ridge Boulevard (variable width P,-O.W.), recorded in County
Clerk's File No. 94-R0000002 of the Deed Records of Denton County, Texas;
THENCE along the West line of said Coppell Middle School Addition, the following three
courses and distances:
SOUTH 00 degrees 42 minutes 23 seconds West, a distance of 302.38 feet to an "x" cut set for
NORTH 78 degrees 46 minutes 39 seconds West, a distance of 406.83 feet to a P.IC nail set for
comer;
SOUTH 00 degrees 42 minutes 23 seconds West, a distance of 675.76 feet to an "x"~'ut set for
comer in the North R.O.W. line of Natches Trace Drive (variable width R.0.W.), recorded in
Volume 98219, Page 56, D.R.D.C.T.;
THENCE along the Nor'~h R.O.W. line ofsald Natchez Trace Drive, the following three courses
ALONG a curve to the right having a radius of 270.00 feet, a delta angle of 2 degre~ 14 minutes
35 seconds, a chord bearing North 33 degrees 51 minutes 59 seconds West, a distance of 10.57
feet, and an arc length of 10.57 feet, to an "x" cut set for comer;,
ALONG a curve to the left having a radius of 338.00 feet, a delta angle of 54 degrees 40 minutes
50 seconds, a long chord that bears North 60 degrees 05 minutes 07 seconds West a distance of
310.47 feet, an arc distance of 322.57 feet to an "x" cut set for comer;,
NORTH 40 degrees 38 minutes 38 seconds West, a distance of 22.88 feet to a 5/8 inch iron rod
capped "Carter & Burgess" set for the intea~ec.~ion of the North Right-of-Way line of said
Natchez Trace Drive and the East Right-of-Way line of Denton Tap Road (variable width
R.O.W.), recorded in Voltune 98252, Page 6839 D.R.D.C.T.;
THENCE North 00 degrees 41 minutes 48 seconds East, along the East Right-of-Way line of
said Denton Tap Road, a distance of $66.$9 feet to a 5/8 inch iron rod capped "Carter &
Burgess" set for comer;,
THENCE departing said East Right-of-Way line, over and across said Vista Partners lxaet the
following two (2) courses and distances:
NORTH 90 degrees 00 minutes 00 seconds Fast, a distance of 214.44 feet to a 5/8 inch iron md
capped "Carter & Burgess" set for comely,
NORTH 18 degr~o 14 mi,utas 12 seconds East, a distance of 251.85 feet to a 5/8-inch iron rod
~apped "Carter & Burgess" set for comer in the South Right-of-Way line of said Vista Ridge
THENCE along said South Right-of-Way line, along a curve to the left having a radius of
2879.79 feet, a delta angle of 08 degrees 10 minutes 18 seconds, a long chord that bears South 77
degrees 38 minutes 32 seconds East a distance of 410.38 feet, an arc distance of 410.73 feet to
the POINT OF BEGINNING, and containing 7.223 acres of land, mom or less.
TOGETHER WITH appurtenant easement snri other d~ as contni~led in proposed Cross
Access Easement Agreement by and between Centex Development Company and Denton Tap
Development, LLC, ds*exi August 25, 1999, ~ed September 1, 1999, recorded in Volume 99171,
Page 2413, Deed Records, Dallas County, Texas, said Cross Access Easement tracts "2-A~ and
"2-B" being more particularly described as follows:
Except for the following described parce~
Jack in the Box Addition, Lot 1, Block 1, an addition to the City of Coppell, Dallas County,
Texas, according to the plat thereof recorded in Volume 2000176, Page 703, Map records of
Dallas County, Texas.
Except for t~he following described parcel:
Being a tract of land situated in the G.C. Woolsey Survey, Abstract No. 1402 in the City of
Coppell, Dallas County, Texas snd being a portion of a parcel of land deeded to Denton Tap
Development, LLC as recorded in Volume 99171, Page 2395 of the Dead Records of Dallas
County, Texas, said tract of land being described by metes and bounds as follows:
Be~'uning at a found 5/8 inch capped iron rod "CARTER BURGESS" at the northeast comer of
said Denton Tap Development, LLC tract, said found 5/8 inch capped iron rod ("CARTER
BURGESS") also being the most northerly no~diwest comer of Lot 1, Block G of the Coppell
Middle School North Addition as recorded in Volume 98219, Page 56 of the D~xt Records of
Dallas County, Texas, said found 5/8 inch capped iron rod ("CARTER BURGESS") also being
on the southerly right-of-way line of State Highway 121 By-Pass, a variable width right-of-way
otherwise known ss Vista Ridge Boulevard;
~'~m~ll')9 NN I q~
Thence South 00 degrees 42 minutes 23 seconds West, along the East line of said Denton Tap
Develolament, LLC tract and along the West linc of said Lot 1, a distance of 302.06 feet to a set
found "+" in concrete;
Thence North 78 degrees 45 minutes 39 seconds West, along a South line of said Denton Tap
Development, LLC tract and along a North line of said Lot 1, a distance of 332.06 feet to a set
5/8 inch capped iron rod ("BI-lB INC");
Thence North 13 degrees 32 minutes 33 seconds East, depmting a South line of said Denton Tap
Development, LLC tract and departing a North line of said LOt 1, a distance of 296.09 feet to a
set 5/8 inch capped iron rod ("BI-lB INC~) on the southerly fight-of-way line of said State
Highway 121 By-Pass, said set 5/8 inch capped iron rod also being on the North line of said
Denton Tap Development, LLC tract, said set 5/8 inch capped iron rod also being at be~nnlng of
a curve, concave northerly, having a radius of 2879.79 feet, a delta angle of 05 degrees 16
minutes 19 seconds, a chord length of 264.89 feet and a chord beat4ng of South 79 degrees 05
minutes 31 seconds East;
Thence Easterly, along said curve and along the southerly right-of-way line of said State
Highway 121 By-Pass, an arc length of 264.98 feet to the POI]qT OF BEGINNING, containing
87,997 squste feet or 2.020 acres.
Except for the following described parcel:
WI-r~.REAS Denton Tap Development, LLC, is the owner of a tract of land situated in the
Clarinda Squ/res. Survey, Abstract No. 1327 and thc G. C. Woolsey Survey, Abstract No. 1402,
in the City of Coppell, Dallas County, Texas, and being a portion of a called 7.223 acre tract of
land conveyed to said Denton Tap Developmem, LLC as evidenced in a Special Wa,'?auty Deed
recorded in Volume 99171 at Page 2395, of the Deed Records of Dallas County, Texas
(D.R.D.C.T.), being the same property desou~xl on that certain survey prepared by Michael B.
Marx, Registered Professional Land Surveyor No. 5181, dated February 18, 2003, and being
more particularly described by metes and bounds as follows (beatings based on the West line of
Coppell Middle School North Addition, an Addition to the City of Coppell, Texas, according to
the IVIap or Plat thereof recorded in Volume 98219 at Page 0056 Deed Records of Dallas County,
Texas, said bearing being North 00 degrees 42 minutes 23 seconds East):
BEGINNING at a 5/8 inch "BDD" capped iron rod set for the current intersection of thc North
fight-of-way line of Natohes Trace Drive (a variable width right-of-way) with the East right-of-
way line of Denton Tap Road (a var/able width right-of-way), same being the most southerly,
Southwest comer of said 7.223 acre tract;
THENCE North 40 degrees 38 minutes 38 seconds West, along the Fast right-of-way line of said
Denton Tap Road and the West line of said 7.223-acre tract, a distance of 22.88 feet to a 5/8-inch
"BDD" capped iron rod set for a corner;,
THENCE North 00 degrees 41 minutes 48 seconds East, continuing along the East right-of-way
line of said Denton Tap Road and the West line of said 7.223 acre tract, a distance of 118.29 feet
to a 5/8/nch 'BDD" capped iron rod set for a comer;
THENCE South 89 degrees 18 mimltes 12 seconds East, departing the East fight-of-way line of
said Denton Tap Road, a distance of 292.13 feet to a 5~8-inch "BDD" capped iron rod set on the
West line of aforesaid Coppell Middle School North Addition;
THENCE South 00 degrees 42 minutes 23 seconds West, along the West line of said Coppell
Middle School North Addition, a distance of 295.72 feet to a chiseled cross set for a comer on
the curving North right-of-way tine of aforesaid Nstches Trace Drive, said curve being a non-
tangent curve to the right at this point;
THENCE in a Northwesterly direction, along thc North fight-of-way linc of said Natches Trace
Drive, the following;,
Along the arc of said curve to the right, through a central'angle of 02 degrees 14 ~nutes 35
seconds, having a radius of 270.00 feet, a chord bearing of North 33 degrees 51 minutes 59
seconds West, a chord distance of 10.57 feet and an arc length of 10.57 feet to a chiseled cross
set for the point ofreverso curvature of a curve to the lef~
Along the arc of said curve to the lcf~ through a central angle of 54 degrees 40 minutes 51
seconds, having a radius of 338.00 feet, a chord bearing of North 60 degrees 05 minutes 07
seconds West, a chord distance of 310.47 feet and an arc length of 322.57 feet to the POINT OF
BEGINNING and conta/ning 1.217 acres (53,013 square feet) of land, more or less, together
with abutter's fights of access to end from thc physically open street known as Denton Tap Road
and Natches Trace Drive, Coppell, Dallas County, Texas.
Except for the following described parcel:
Being a part ora called 7.223 acre tract of land situated in tho G.C.Woolsey Survey, Abslract
No. 1402, and the Clarinda Squires Survey, Abstract No. 1327, City of Coppoll, Dallas County,
Texas, said 7.223 acre tract being descn'bed in a deed to Denton Tap Development, LLC of
record in Volume 99171, Page 2395, Deed Records, Dallas County, Texas, and being more
particularly descn'oed as follows:
Beginning at a ½" iron rod set for comer in the East right-of-way linc of Denton Tap Road
(variable width right-of-way) at the Southwest comer of Dynasty Cleaners Addition, an Addition
to the City of Coppell, Dallas County, Texas, according to the plat thereof recorded in Volume
2002124, Page 57, Deed Records, Dallas County, Texas;
Thence East, along the South line of said Dynasty Cieane~ Addition, a distance of 214.44 feet to
a %" iron rod found for comer at the southeast corner thereof and being the most Western comer
of Jack in thc Box Addition, an addition to the City of Coppell, Dallas County, Texas, according
to the plat thereof recorded in Volume 2000176, Page 703, Deed Records, Dallas County, Texas;
Thence South 46 degrees, 57' 37" East, along the Southwest l/ne of sa/d Jack In The Box
Addition, a distance of 105.22 feet to a po/nt for comer at the Northwest comer of Coppell
M/ddle School Addition, an Addition to the City of Coppell, Dallas County, Texas, according to
the plat thereof recordad in Volume 98219, Page 56, Deed Records, Dallas County, Texas, from
which a "P.IC" Nail found for reference bears South 78 degrees, 46' 47" East, a distance of 1.05
Thence South 00 degrees 42' 23" West, along the West line of said Coppell Middle School
Addition, a distance of 168.82 feet to an "x' set for comer;,
Thence West, a distance of 292.19 feet to an "x" set for comer in the F~t right-of-way line of
said Denton Tap Road;
Thence North 00 degrees 41' 48" East, along the Eaat. right-of*way l/ne of said Denton Tap
Road, a d/s~ce of 240.64 feet to the place ofbe~rmln~ and contalnln~ 1.550 acres of land.
SCt~EDUL~ C
COpP£L'[~:PLACE
121 BYPASS ANO DENTON 'TAP ROAD
i
LOT
LOT A
LOT
E
L~T
F
LOT
G
DENTON CREEK
ELEMENTARy
0~1 O0 Zg~l~mZ,
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