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ST9902-AG050412AGENDA REQUEST FORM CO?FELL DEPT: Engineering DATE: April 12, 2005 ITEM #: 8/D ITEM CAPTION: Consider approval of a development agreement between Billingsley 121 Coppell, Ltd. and the City of Coppell to allow for the dedication of right-of-way, drainage easement and temporary slope easements necessary for Sandy Lake Road in consideration of a 100% credit against future impact fees on the Billingsley 121 Coppell, Ltd. tract; and authorizing the City Manager to sign. APPROVED BY CITY COUNCIL ~ ~ ON ABOVE DATE IIII GOAL(S): ~ Motion to Approve - Peters - Brancheau item EXECUTIVE SUMMARY: Approval of the development agreement between Billingsley 121 Coppell, Ltd. and the city will allow the City of Coppcll to obtain necessary right of way, drainage easement and temporary slope easements from the Billingsley tract in exchange for the waiver of potential roadway impact fees against the property. Staff recommends approval of the development agreement and will be available to answer any questions at the Council meeting. FINANCIAL COMMENTS: Document Name:#De~ elopmentAgmt COFPELL MEMORANDUM TO: Mayor and City Council FROM: Kermeth M. Griffin, P.E., Director of Engineering/Public Works DATE: April 12, 2005 Consider approval of a development agreement between Billingsley 121 Coppell, Ltd. and the City of Coppell to allow for thc dedication of right-of- way, drainage easement and temporary slope easements necessary for Sandy Lake Road in consideration of a 100% credit against future impact fees on the Billingsley 121 Coppell, Ltd. tract; and authorizing the City Manager to sign. Sandy Lake Road from Denton Tap Rd. to S.H. 121 has been under design since December 12, 2000. At the start of design it was decided to break the project into two parts. Section A is from S.H. 121 to North Coppell Rd. and Section B is from North Coppell Rd. to Denton Tap Rd. It is anticipated that Section A will be placed out to bid and the contract awarded for construction in the 4th quarter of 2005. During the design of West Sandy Lake Rd. Section A, I have had several meetings with potential developers along both sides of Sandy Lake Rd. In late 2003, we began discussions with the property owner at the southeast comer of Sandy Lake Rd. and S.H. 121. The property owner at that time was T E Northpoint Partners Ltd. During the course of our discussions, the property was sold in 2004 to Billingsley 121 Coppell, Ltd. Since mid-2004, the City has been working with Mr. Billingsley to acquire the necessary right-of-way for the construction of not only west Sandy Lake Rd., but also the remaining portion of Royal Lane. Mr. Billingsley has recently agreed to a development agreement with the City of Coppell, which is similar to most development agreements that we have entered into in the past, with one notable exception. That exception is found at the end of paragraph two, which states that after full development of the Billingsley tract, if the credit exceeds the amount of the roadway impact fees assessed, then the City is liable and obligated to pay any such remaining credits in cash or cash equivalent to Billingsley 121 Coppell, Ltd. or it's successors. /055.200~ In essence, a value has been placed on the right-of-way, slope easements and drainage easements required from this property in a total amount of $331,380. If the property was already developed or there was no future development on the horizon, the city would typically write a check for the amount to acquire the right-of-way. In this case, the land is vacant and there is potential for the property to develop in the near future; therefore, Mr. Billingsley has stated that he is in agreement with the developers agreement which would just offset his roadway impact fees as he develops. If at the end of the full development of the property there is still a credit remaining, then the City would be obligated to pay that. However, if during the course of development, the roadway impact fees exceed the amount of the credit, then at that point the development would begin paying roadway impact fees to the City of Coppell. At the request of Mr. Billingsley, we did run several scenarios on the property, to determine the approximate roadway impact fees. Scenario 1 included: 350,000 sq. ft. light industrial building 20,000 sq. ft. shopping center, 6,000 sq. ft. shopping center, and 4,000 sq. ft. restaurant The total of impact fees for Scenario 1 is slightly more than $150,000. So, in that scenario, once the property was fully developed the city would still have a balance of approximately $178,000 to pay to the property owners. Scenario 2 included: Community College The total estimated impact fee would be $918,000. On community colleges, the impact fee is based on the number of students. We reviewed the surrounding community colleges and used an estimate of 8,500 students at this site. Once the property developed, the property owner would still owe the city approximately $580,000 in roadway impact fees. Any number of scenarios could be generated and at this point it is unknown whether the future buildout of the site will necessitate additional money paid by the city at the end of the development or whether or not we will begin collecting roadway impact fees during the course of the development. Approval of this development agreement allows the city to acquire the necessary right-of-way without any current out of pocket expenses and allows us to proceed with the construction of West Sandy Lake Road. Staff recommends approval of the development agreement and will be available to answer any questions at the Council meeting. STATE OF TEXAS COUNTY OF DALLAS DEVELOPMENT AGREEMENT This AGREEMENT is made by and between the City of Coppell, Texas, a Home Ru~/_ ' ' : 155 ... City (the "CITY"), and Billingsley 121 Coppell,Aa Texas oo~or:.t!on: I t tn ~'e.~/>a. t~ RECITALS WHEREAS, Billingsley 121 Coppell is the owner of a 37.0380-acre commercial tract of land located along the south side of Sandy Lake Road, more particularly described in Exhibit "A" attached hereto as (the "Billingsley Tract "); and WHEREAS, the CITY desires to acquire a Right-of-Way Easement, a Drainage Easement and two Temporary Slope Easements on the Billingsley Tract; and WHEREAS, Billingsley 12l Coppell desires to dedicate the Right-of-Way, Drainage Easement and two Temporary Slope Easements more particularly described in Exhibit "B" attached hereto, (the "Right-of-Way/Drainage/Temporary Slope Easements") on the Billingsley Tract to the CITY in exchange for a credit against future roadway impact fees to be assessed the Billingsley Tract; and WHEREAS, the dedication of the Right-of-Way/Drainage/Temporary Slope Easements by Billingsley 121 Coppell will be in lieu of the City's purchase of the Right-of- Way/Drainage/Temporary Slope Easements at a future date; and WHEREAS, the CITY desires to acquire the Right-of-Way/Drainage/Temporary Slope Easements by dedication from Billingsley 121 CoppelI in exchange for a credit against roadway impact fees to be assessed by the CITY against the Billingsley Tract Property; DEVELOPMENT AGREEMENT - Page I 03690 NOW THEREFORE, in consideration often dollars ($10.00), the mutual covenants and other valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the paFtics agree as follows: 1. Billingsley 121 Coppell shall dedicate or grant the Right-of- Way/Drainage/Temporary Slope Easements to the CITY on or before January 28, 2005. 2. Upon dedication of the Right-of-Way/Drainage/Temporary Slope Easements by Billingsley 121 Coppell, the CITY shall establish a credit (the "CREDIT") against future roadway impact fees to be assessed against the Billingsley Tract Property in an amount calculated as follows: 1) Six Dollars and Zero Cents ($6.00) times the total square feet of the Right-of-Way Easement ($6.00/sq. ft. x 53,187 sq. ft. = $319,122.00.); 2) Three Dollars and Zero Cents ($3.00) times the total square feet of Drainage Easement ($3.00/sq. ft. x 392 sq. ft. = $1,176.00); and 3) Zero Dollars and Thirty Cents ($0.30) times the total square feet of the Temporary Slope Easements ($0.30/sq. ft. x 36,939 sq. ft. = $11,082.00). The sum of these numbers shall establish a total CREDIT bank of $331,380.00 ($319,122 + $1,176 + $11,082 = $331,380.00). All parties hereto ac ~knowledge that the CREDIT will be applied against 100% of the roadwav impact fees, however, in no event shall the CREDIT exceed the value of the established CREDIT bank. All parties hereto acknowledge that the CITY has no obligation to condemn or pay any sum of money in connection with such dedication of grant of easement for the Right-of-Way/Drainage/Temporary Slope Easements. The parties further acknowledge that after development of the Billingsley Tract Property if the CREDIT exceeds the amount of roadway impact fees assessed against the Billingsley Tract Property or if roadway impact fees are not assessed against the Billingsley Tract Property that the CITY shall be liable for and be DEVELOPMENT AGREEMENT Page 2 0:369 obligated to pay any such remaining credits in cash or cash equivalent to Billingsley 121 Coppell or its successors. NOTICE 3. All notices required by this AGREEMENT shall be addressed to the following, or other such other party or address as either party designates in writing, by certified mail, postage prepaid or by hand delivery: If intended for Billingsley 121 Coppell, to: c/o Billingsley 121 Coppell Suite 1100 4100 International Pkwy Carrollton, Texas 75007 If intended for CITY, to: City of Coppell, Texas City Manager P.O. Box 9478 Coppell, Texas 75019 SUCCESSORS AND ASSIGNS 4. 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. SEVERABILITY 5. 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 DEVELOPMENT AGREEMENT - Page 3 03692 and shall be enforced as if the parties intended at all times to delete said invalid section, subseclion, paragraph, sentence, phrase or word. GOVERNING LAW 6. The validity of this AGREEMENT and any of its terms and provisions, as well as the rights and duties of the parties, shall be governed by the laws of the State of Texas; and venue for any action concerning this AGREEMENT shall be in State District Court of Dallas County, Texas. ENTIRE AGREEMENT 7. This AGREEMENT embodies the complete agreement of the parties hereto, superseding all oral or written, previous and contemporary agreements between the parties and relating to the matters in this AGREEMENT, and except as otherwise provided herein cannot be modified without written agreement of the parties to be attached to and made a part of this AGREEMENT. AGREEMENT RUNS WITH THE LAND 8. The provisions of this AGREEMENT are hereby declared covenants rum-~ing with the Billingsley Tract Property and are fully binding on all successors, heirs, and assigns of Billingsley 121 CoppeI1 who acquire any right, title, or interest in or to Billingsley Tract Property or any part thereof. Any person who acquires any right, title, or interest in or to the Billingsley Tract 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. DEVELOPMENT AGREEMENT - Page 4 2 396 03693 INCORPORATION OF RECITALS 9. The determination recited and declared in the preambles to the AGREEMENT are hereby incorporated herein as part of this AGREEMENT. 10. purposes wherever reference is made to the same. EXHIBIT All exhibits to this AGREEMENT are incorporated herein by reference for all EXECUTED in duplicate originals this the _]~ ~Y~ay of CITY OF COPPELL, TEXAS By: ~i Witt, City Manager ATTEST: Libby~ll, City Secretary 4/-~.~ ,2005. Billingsley 121 Coppell, Ltd. a Texas limited partnership By: Billingsley 380 North GP, LLC a Texas limited liability company Sole General Part0er /Jl~enneth D. Ivl~abry, Its Manager~j APPROVE D/A'S~TO FORM: B y: ~/t~/~/~ ~obert ~[' l~ag~y Attorney DEVELOPMENT AGREEMENT - Page 5 CITY MANAGER'S ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF DALLAS § This instrument was ackn°wledged bef°re me °n the /~tflaY ~fo 'r~'f 2005 by Jim Witt, City Manager of the City of Coppell, Texas, a municipal of said corporation. My commission Expires: ary~i~,-State of Texas \'~¥~,J~/ State of Texas I ~· , Comm.., Expfres. 06-11-2008, LJ, J DEVELOPMENT AGREEMENT -- Page 6 i 096 03695 ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF DALLAS § was acknowledged before me on the ..~ ~ day of/[{[t.A~a,.., 2005, This instrument by KENNETH D. MABRY, Manager of Billingsley 380 North GP, LLC, a Texas limited liability company, Sole General Partner of Billingstey 121 Coppell, Ltd., a Texas limited partnership, on behalf of said limited partnership. State of Texas My Commission Expires: DEVELOPMENT AGREEMENT - PAGE 7 9 G 03696 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY See attached Land Title Survey prepared by Kadleck & Associates dated May l 1, 2000. DEVELOPMENT AGREEMENT Page 8 2o~096 03697 C3 ~O~ 9 60g-g98 EXIIlBIT "B" See attached Right of Way and Drainage Easements prepared by Teague Nail and Perkins dated May 26, 2004, and two Temporary Construction Easements prepared by Teague Nall and Perkins dated May 28, 2004 and Jul5' 15, 2004. DEVELOPMENT AGREEM[ENT - Page 9 2o 96 03699 EXHIBIT "B~' FIELD NOTES Right of Way Dedication PART1 Being a 1 156 acres tract of land situated in the J Moore Survey, Abstract No. 968, Dallas County, Texas, and being a pad of the remainder of T/E Nodhpoint Padners, Ltd, as described in deed recorded in Volume 96106, Page 5188, Deed Records of Dallas County, Texas Said 1 156 acres tract of land being mo~e particularly described by metes and bounds as follows: Beginning at a brass disk in concrete TXDOT monument found for corner on the east right of way line of State Highway No. 121 (a variable width right of way), same being on south right of way line of Sandy Lake Road (a variable width right of way), and also being a northwest corner of said TIE Northpoint Partners, Ltd tract, from which a brass disk ~n concrete TXDOT monument found on the east right of way line of said State Highway No 121, bears South 33°28'25'' West, 27425 feet; Thence depading said east right of way line of State Highway No 121, along said south nght of way line of Sandy Lake Road same being the north line of said T/E Northpoint Partners, Ltd tract, the following courses and distances: North 65°59'00'' East, a distance of 19336 feet; North 89°56'58'' East, a distance of 59249 feet to the west right of way fine of Royal Lane (a variable width right of way); Thence South 00°25'58'' East, depading said south right of way line, along said west right of way line of Royal Lane, a distance of 100.93 feet to a 5/8 inch iron rod with a plastic cap stamped "TNP" set for corner, from which a 1/2 inch iron rod found on the said west right of way line, bears South 00°25'58, East, 199 90 feet, and also being the beginning of a non- tangent curve to the left with a radius of 35 O0 feet, a central angle of 83"27'24", with a chord bearing of North 49°40'05"West, and a chord distance of 46 59 feet; Thence depading said west right of way line, over and across said T/E Northpoint Padners, Ltd Tract, the following courses and distances: Along said non-tangent curve to the left, an arc length of 5098 feet to a 5/8 inch ~ron rod with a plastic cap stamped "TNP" set for corner; South 89°40'20'' West, a distance of 166.52 feet to a 5/8 inch iron rod with a plastic cap stamped "TNP" set at the beginning of a tangent curve to the right with a radius of 100800 feet, a central angle of 02"59'15'', with a chord bearing of North 88°50'10" West, and a chord distance of 5255 feet; Along said tangent curve to the right, an arc length of 5256 feet to a 5/8 inch iron rod with a plastic cap stamped "TNP" set for corner; North 87°20'33" West, a distance of 108 71 feet to a 5/8 inch iron rod with a plastic cap stamped "TNP" set at the beginmng of a tangent curve to t~e left with a radius of 99200 feet, a central angle of 09°16'0T', with a chord bearing of South 88°01'24'' West, and a chord distance of 160 30 feet; Along said tangent curve to the left, an arc length of 16048 feet to a 5/8 inch iron rod with a plastic cap stamped "TNP" set for corner; 03700 South 83°23'20'' West, a distance of 26308 feet to a 5/8 inch iron rod with a plastic cap stamped "TNP" set in the said east right of way line of State Highway No 121 and the said west line of T/E Northpoint Partners, Ltd tract; Thence Nodh 33°44'13'' East, continuing along the said east right of way line of State Highway No 121 and the said west line of T/E Northpoint Partners, Ltd. tracl, a distance of 26.71 feet to the place of beginning, and containing 1 156 acres of land, more or less PART 2 Being a 0065 acres tract of land situated in the J Moore Survey, Abstract No. 968, Dallas County, Texas, and being a pad of the remainder of 7/E Nodhpoint Padners, Ltd, as described in deed recorded in Volume 96106, Page 5188, Deed Records of Dallas County, Texas Said 0 065 acres tract of land being more particularly described by metes and bounds as follows: Beginning at the southeast corner of said TIE Northpoint Padners, Ltd tract and the west line of Royal Lane, from which a capped 1/2 inch iron rod found, bears South 67°24'52.. East, 074 feet; Thence South 89°43'22', West, departing said west right of way line, along the south line of said T/E Northpoint Partners, Ltd tract, a distance of 1 50 feet to a 5/8 inch iron rod with a plastic cap stamped "TNP" set for corner; Thence Nodh 00°34'21" West, departing said south line, over and across said T/E Northpoint Partners, Ltd tract, a distance of 1,02789 feet to a 5/8 inch iron rod with a plastic cap stamped "TNP" set for corner in the said west line of Royal Lane; Thence along the common line of said Royal Lane, and said T/E Northpoint Partners, Ltd. Tract, the following courses and distances: North 89°45'02'' East, a distance of 4 00 feet to a point from which a 1/2 inch iron rod found, bears North 02°17'12'' East, 0 86 feet; South 00'25'58" East, a distance of 1,027 88 feet to the place of beginning, and containing 0065 acres of land, more or less PreF 8,6d~ffom, a surv/~rm~xm~d in the month of April 2004. Q The beanngs are based on the Texas State Plane Coordinate System, No~h Central Zone (NAD83) See Sheets 3 and 4 for sketch D 096 0370 I: 0 50 100 200 NOTES: SCALE 1" 100' R=992.00' L=160.48' CA=09'1 $'07' CD=160.50' PART 1 1.158 ACRE J RIGHT OF WAY DEDICATION R=1008.00' L=52.56' CA=02'$9'! $" CD=52.55' o~ R=$5.00' ~ L=50.98' ~ CA=85'27'24" CB=N49'40'OS"W. CD=46.59' ~:S'oo-25'58-[ ~ 8'E ~/~"~ 100.9~' CITY OF COPPELL -- ] May 26. 2004 Do~e: F£RCUSON REALTY COMPANY VOL 79085, PC 2171 1.156 ACRES RIGHT OF WAY DEDICATION Situoted in the d. MOORE SURVEY ABSTRACT NO. 968 CI~F OF COPPELL DALLAS COUNTY, TEXAS (8 I 7) 3J$-5775 50 SCALE 100 1" = 100' 2OO PART 2 0.085 ACP~ RIGHT OF WAY D£D CATION NOTES: the Taxa9 State Plane Coordinate System. (NADS3). 2. Integral po~s of this a. Legal Descdption S89°45'22"¥ 1.50' N89'4-5'02'£ 4.00' FOUR SEASONS ADDITION VOL gllsg, PC 2187 0.065 ACRES RIGHT OF' WAY DrDICATION Situated in the J. MOORE SUF~VEY ___ ABSTRACT NO. 968 CITY OF COPPELL DALLAS COUNTY, TEXAS red By Moy 26. 2004 Date (817) 336-5773 SHEET 4 OF 4 JOB NO. CPL 00243 EXHIBIT "B~' FIELD NOTES Drainage Easement Being a 0 009 of an acre tract of land situated in the J Moore Survey, Abstract No. 968, Dallas County, Texas, and being a pad of the remainder of TIE Northpoint Padners, Ltd, as described in deed recorded in Volume 96106, Page 5188, Deed Records of Dallas County, Texas Said 0 009 of an acre tract of land being more padiculady described by metes and bounds as follows: Commencing at the northeast corner of said T/E Northpoint tract and being the intersection of the south line of Sandy Lake Road and the west line of Royal Lane, and then run South 00°25'58" E, along the east line of said T/E Nodhpoint tract and the said west line of Royal Lane 10093 feet to a 5/8 inch iron rod set with plastic cap stamped "TNP" for the place of beginning of the tract being described Thence South 00°25'58'' E, continuing along the east line of said T/E Northpoint tract and the said west line of Royal Lane, 3.54 feet; Thence South 44°25'39'' West, a distance of 13 07 feet; Thence North 45°34'21" West, a distance of 2000 feet; Thence North 44~25'39'' East, a distance of 2265 feet to a curve to the right having a radius of 35 00 feet, a central angle of 31"17'27" and a long chord bearing South 23°35' 06" East 1888 feet Thence along said curve, an arc length of 19.11 feet to the place of beginning and containing 0 009 of an acre of land, more or less ~ Prepared from a surveypg,~f4~,r~rned in the month of April 2004 ~N-H Ri~'~ERSON, R P LS 4090 Tile beatings are based on the Texas State Plane Coordinate System Norfh Central Zone INAD83) See Sheet 2 of 2 for sketch zDo 9 6 0370 ; (NAD85), FERCLJSON REALTY COMPANY VOL ?g085. PO 2171 PLACE OF ~/ COMNAENCING N44'25'59'E N45'$4 21 20.0~ o.oo~ ,c~, F DRAINAGE J s~2~39~ EASEMENT ] 13~7' N89'52'O8"W 129.94' R=55.00' L=19.1 1 ' CA=31'17'27" CB=S2E'55'O6"E CD=18.88' ~o~ ~BECINNING 00'25'58"E 5.54' 0.009 ACRES DRNNAGE EASEMENT Situated in the d. MOORE SURVEY ABSTRACT NO. 968 CITY OF COPPELL, DALLAS COUNTY, TEXAS L May 26, 2004 Dote (817) 336-5773 HEET 2 OF 2 JOB NO. CF>L 00245 EXHIBIT "B" FIELD NOTES Temporary Construction Easement Being a 0187 of an acre tract of land situated in the J Moore Survey, Abstract No 968, Dallas County, Texas, and being a part of the remainder of T/E Norfhpoint Partners, Ltd, as described in deed recorded in Volume 96106, Page 5188, Deed Records of Dallas County, Texas, said 0187 of an acre tract of land being more particularly described by metes and bounds as foltows: Commencing at the northeast corner of said TIE Nodhpoint tract and being the intersection of the south line of Sandy Lake Road and the west line of Royal Lane, and then run Soulh 00°25'58'` E, along the east line of said T/E Nodhpoint tract and the said west line of Royal Lane 100 93 feet to a 5/8 inch iron rod set with plastic cap stamped "TNP" for the place of beginning of the tract being described Thence South 00°25'58'' E, continuing along the east line of said TIE Nodhpoint tract and the said west line of Royal Lane, 35 36 feet; Thence North 47°23'20'' West, a distance of 67 11 feet; Thence South 89°40'20'' West, a distance of 152 80 feet to the beginning of a curve to the right having a radius of 1,028 00 feet; Thence along said curve through a central an§le of 02°59'15", an arc length of 5360 feet to its end, the long chord of said 5360 feet arc is Nodh 88°50'10`' West 5359 feet; Thence North 87°20'33'' West. a distance of 10871 feet; Thence North 02039'34'' East, a distance of 2000 feet; Thence South 87°20'33" West, a distance of 10871 feet to the beginmng of a curve to the left having a radius of 1,008 00 feet; Thence along said curve, through a central angle of 02"59' 15", an arc length of 52 56 feet to its end, the long chord of said 52 56 feet arc is South 88°5010`' East 52 55 feet; Thence North 89°40'20'' East, a distance of 166 52 feet to the beg*nning of a curve to the right having a radius of 35 00 feet; Thence along said curve, through a central angle of 83°27'24", an arc length of 50 98 feet and a long chord of South 49°40'05" East 46 59 feet to the place of beginning and containing 0 187 of an acre of rand, more or less Prepared from a survey performed in the month of April 2004 .~~?~~ DATE: 05~28~2004 SC¢'~PHEN H. ROBERSON, R PLS. 4090 See Sheet 2 of 2 for sketch zoo 096 03706 0 50 100 200 SCALE: 1" 1 00' R=1028o00' L=53.60' CA=02'59' 15" CD=55.59' NO2'39'34'E 20.00' 0.187 ACRE TEMPORARY CONSTRUCTION EASEMENT S00'25'58"E 199.90' S00'25'58'£ 35.36' CITY OF COPPE[L VOL 881~8 PO 877 100.93' PLACE OF I~ BEGINNING I m NOTES: LOT 2, TRACT 1 FOUR SEASONS ADDITION VOL 99241, PO 196 May 28r 2004 Dote 2, Integral po~s of this o. Legof Descdptlon b. Sketch FERGUSON REALTY COMPANY VOL 79085 PO 2171 v. R= 1008..00' L=52.56 CA=02'59'15" CB=S88'50'10'E CD=52.55' 0.187 ACRES TEMPORARY CON$1RUCIION or EASEMENT COMMENCING Situated in the J. MOORE SURVEY ABSTRACT NO. 968 CITY OF COPPELL DALLAS COUNTY, TEXAS SHEET 2 OF 2 JOB NO. CPL 0024.3 O EXHIBIT FIELD NOTES Temporary Construction Easement Being a 0 661 of an acre tract of land situated in the J Moore Survey, Abstract No 968, Dallas County, Texas, and being a part of the remainder tract of land conveyed to T/E Nodhpoint Padners, Ltd, as described in deed recorded in Volume 96106, Page 5188, Deed Records of Dallas County, Texas Said 0 661 of an acre tract of land being more padicularly described by metes and bounds as foltows Commencing at a 5/8 inch iron rod found at the original nodhwest corner of a tract of land conveyed to Four Seasons Addition as described in deed recorded in Volume 91139, Page 2187, Deed Records of Dallas County, Texas, same being on the south right of way line of Sandy Lake Road (a variable w,dth right of way) and aisc being on the east right of way line of Royal Lane (a variable width right of way) from which a 1/2 inch iron rod found that bears North 89:'44'17" East, 591 00 feet; Thence Nodh 89"52'08" West, over and across said Royal Lane, along the south right of way line of said Sandy Lake Road, a distance of 129 94 feet for the northeast corner of said T/E Nodhpoint tract and also being the intersection of the south right of way line of said Sandy Lake Road and the west right of way tine of said Royat Lane; Thence departing said south right of way line, along said west right of way hne, same being the east line of said T/E Northpomt tract, the following courses and distances: South 00°25'58', East, a distance of 100 93 feet for the Place of Beginning; South 00°25'58'' East, a distance of 199 90 feet to a point for corner; South 89°45'02'' East, a distance of 11 00 feet to a point for corner; Thence South 00°34'2t' East, departing said west right of way line, over and across said T/E Northpoint tract, a distance of t027 89 feet to the nodh line of a tract of land conveyed to T/E Northpoint Partners, Ltd , as described in deed recorded in Volume 96106, Page 5182, Deed Records of Dallas County, Texas; Thence South 89°43'22~' West, along the common line of said liE Northpoint tracts, a distance of 25 00 feet to a point for corner; Thence departing said common hne, over and across said TIE Northpoint tract the following courses and distances North 00°34'21,' West, a drstance of 1251 80 feet to the the beginning of a non- tangent curve to the right havin9 a radius of 35 00 feet. a central angle of 4W20'03", a chard bearing of South 31°36'24'' East, w~th a chord distance of 28 01 feet, Along said non tangent curve to the right, an arc length of 28 91 feet to the Place of Beginning and containing 0 661 of an acre of land, more or less Prepared from a su~,~,ey, performed in the month of April 2004 /~~__~ DATE 07/1512004 PHEN H ROBERSON, RPLS 4090 See Sheet 2 of 2 for sketch 03'708 NOTES: (N~83). R=xS.00' L=28.9'1 ' c^=,r2o'.o2' / CB=$$1'$6 24"£ CD=28.01' \ b 100 200 400 SCALE 1' -- 200' Nsg'52'OS"W PLACE OF ' 2g.g4 ~ COMMENCiN'G 0.661 ACRE TEMPORARY CONSTRUCTION EASEMENT VOL 96~06 PO 5~82 25.00' f ~'S00t25'58" (10.95' PLACE OF 11.00' FOUR SFASONS AOD~TION VOL 911.39, PG 2187 0.661 ACRES TEMPORARY CONSTRUCTION Z~SE~E:NT Situated in the J. MOORE SURVEY, ABSTRACT NO. 968 CI'P¢ OF COPPELL, DALLAS COUN~¢, TEXAS 2004 ,'~HE[T 2 OF 2 JOB NO. CPL 00243