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Hager Container-CS 881014The City With A Beautiful Future P.O. Box 478 CoppelL Texas 75019 214 - 462 - 0022 October 14, 1988 Mr. Mark Connell Connell Development Company P.O. Box 541057 Dallas, Texas 75354-1057 RE: Hager Container Addition - Final Plat Dear Mr. Connell: Returned herewith is the plat you submitted on October 13, 1988, for the Hager Container Addition, with a request to obtain all necessary signatures of all required City official, along with the City Secretary's signature. Also, enclosed is a copy of the building setback restriction submitted on October 4, 1988, that must be executed and filed with the plat at the Dallas County Records Office. Please return eight (8) copies of the filed building setback restriction when you return your filed plats and copies, which will need to be folded prior to submission to the City. Thank you. Sincer~ City Engineer cz RRD/lsg xc: Alan Ratliff, City Manager Taryon Bowman, PEZ Coordinator Larry Jackson, City Attorney Dale Jackson, Building Official Wayne Ginn, P.E., Ginn, Inc. Dorothy Tir~nons, City Secretary HAGERPLT. Connell Development Company P.O. BOX 541057 ,, Dallas, Texas 75354-1057 · (214) 357-4694 October 14, 1988 Hand Delivered Mr. Russell Doyle City of Coppell 255 Parkway Boulevard Coppell, Texas 75019 Dear Russell: Enelosed is a copy of the building setback restriction that we are going to use in connection with the Hager Container sale. Please call me as soon as you have had a chance to review. Sincerely yours, CONNELL DEVELOPMENT COMPANY Mark W. Connell MWC/ac enclosure Office address: 10939 Shady Trail · Dallas, Texas 75220 STATE OF TEXAS COUNTY OF DALLAS I~UILDING SETBACK RESTRICTION This restriction is executed on the day of 1988 by Conne11 Development Company (Connell)., Owner. RECITALS 1. Connall Is the owner of 19.999 acres of real property located in Dallas, County, Texas which is described by metes and bounds on Exhibit "A", which property is encumbered as follows: Vendor's Lien retained in Deed, recorded in Volume 83219, page 2674, of the Deed Records of Dallss county, Texas, and Deed of Trust Lien recorded in Volume 83219, page 2679, of the Deed of TrUSt Records of Dallas County, Texas, securing a promissory nots in the original principal amount of One Million Four Hundred Thousand Dollars ($1,400,000) dated November 2, 1983, executed by Connell Development Company payable to the order of Executive systems, Inc., said note and lien collaterally assigned to Texas Commerce Bank--San Angelo, N.A., by instrument dated December 21, 1987, recorded in Volume 88007, page 1612, Deed Records of Dallas County, Texas. (ii) Deed of Trust, Security Agreement, and assignment of rents recorded in Volume 83219, page 2687, Deed of Trust Records, Dallas County, Texas, securing promissory note in the original principal amount of Five Hundred Thousand Dollars (0500,000) payable to Mercantile National Bank of Dallas (now MBank Dallas, N.A.) 2. Connell has this date conveyed approximately two hundred three thousand and ten square feet (203,010) of said property to Hagsr Containers, Inc. (Hager) which is described by metes and bounds on Exhibit "B". BUILDING SETBACK RESTRICTION - (hager.res) - Page 1. Connell desires to setback restriction property retained. impose a thirty six foot (36') building along the southernmost boundary of the WITNESSETH Corms11 covenants and agrees with Hager that no building may be built within thirty six feet (36') of the southern boundary of the property retained by Connsll. Said thirty six foot (36t) area is more particularly described by metes and bounds on Exhibit C. Connell further covenants and agrees that with respect to any development on the Connell property, no portion of the thirty-six foot (36') area shall be considered in calculating the building setback requirements for the connell property. This restriction is perpetual and shall run with the land and inure to the benefit of Hager, it's successors and/or assigns as the subsequent owner of the property described on Exhibit "B" end shall bind Corms11, it's successors and assigns. Enforcement of this restriction shall be by any proceeding st law or in equity by Hager, it'S successors and/or assigns and the City of Coppell. The prevailing party in any action to enforce this restriction shall be entitled to recover reesoneble attorneys fees. BUILDIN~ SETBACK RESTRICTION - (hager.res) - Page 2. Connell Development Company Mark Corms11, Chief Exec. Officer 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 Mark Conne11, Chief Executive Officer cf Connell Development Company, known to me to be the person and officer whose, name is subscribed to the foregoing instrument and acknowledged to me that the sams was the act of the said Connell Development Company, a corporation, for the purposes and consideration therein expressed and in the capacity therein stated. Given under my hand and seal of office, this day of 1988. Notary Public iH"~hd for the State of Texas my commission Notary's Printed Name Consent and Subordination of Lienholder The undersigned, legal Owner of one certain promissory note secured by a deed of trust as described in the foregoing Building · Setback Restriction on the property affected by this restriction, hereby consents to the restriction created herein and agrees that notwithstanding any foreclosure, sale or deed in lieu of foreclosure under or with respect to the underaigned'e lien, the provisions of this setback restriction shall remain in full force and effect and said lien shall be and is hereby subordinated to said setback restriction and shall remain BUILDING SETBACK RESTRICTION - (beget.res) - Page 3. inferior to same as if the setback restriction had been executed, delivered, end recorded prior to the execution, delivery, and recordation of the deed of tr~st in favor of the undersigned. EXECUTIVE SYSTEMS, INC. ~: MICHAEL HORN Title: President S:ate of Texas County of Dallas Before me, the undersigned authority, s notary public in end for the State of Texas, on this day personally appeared Michael Horn, President of Executive Systems, Inc., known to me to be the ~erson and officer whose name is subscribed to the foregoing nstrumant and acknowledged to ms that the same was the act of the said Executive Systems, Inc., a corporation, for the purposes and consideration therein expressed and in the capacity therein stated. Given under my hand and ssa1 of office, this day of 1988. my co~mission expires: Notary Pu~iic in and for the State of Texas Printed Name Consent to Subordination The undersigned, holder by collateral transfer of the note 'and liens of Executive Systems, Inc., hereby consents to the subordination of said liens by Executive Systems, Inc., as set forth in this Building Setback Restriction and agrees to be bound by said subordination in all respects. BUILDING SETBACK RESTRICTION - (hagsr,res) - Page 4. TEXAS COMMERCE BANK -- SAN ANGELO ~ ~.A. By: Title~ 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 Of Texas executed the foregoing ae the act of said Sank for the purposes and consideration expressed therein and in the capacity therein stated. Given under my hand and seal of office, this day of 1988. my Commission expires: Notary Public in and for the State of Texas Notary's Printed Name BUILDING SETBACK RESTRICTION - (hager.rea) - Page 5.