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ST9902-ES050412 /- .~ DEPT ering ST ~9-o ~ w. ~ I-K Jee(. .--- THE.CITY.OF AGENDA REQUEST Fl ~h corPELL ..~.'..*. ... r . , .". a e ..t 1'\ IS \ ~ q DATE: April 12, 2005 ITEM #: 8ID 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. GOAL(S): - IIII APPROVED BY CITY COUNCIL ON ABOVE DATE Motion to Approve M - Peters S - Brancheau (1]" 0,: -', ': c. - ..'. ..... · Libby Ball V 5 0 A. 2005.04.20 ate - - ~ 11:10.35- York absent 05'00' Raines not present for this item EXECUTIVE SUMMARY: Approval of the development agreement between Billingsley 121 Coppell, Ltd. and the city will allow the City of Coppell 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: I) CL~ fJ d-) 'pu~ })~ L()~ 5~%~'~ . ~'h-~ tft:,~~ Document Name:#DevelopmcntAgmt ~ t ~ /-....~ .....-..~ THE.CITY.OF corrELL ..~* .... l' Il e q .\' <'\ 1) . \ l!> MEMORANDUM TO: Mayor and City Council FROM: Kenneth M. Griffin, P.E., Director of Engineering/Public Works DATE: April 12, 2005 REF: 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. 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. c.OPP11.( -*- -*- '955.2006 -~ ..-----. In essence, a value has b~ _~ Indced on the right-of-way, slope ease~Hems and drainage easements required from this property in a total amount of$33l,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. :/10, .-...,\~ "w~~ -~'~.I "..~! ~tl~ .."", ~: -- , 1 r. t~ t I ..~ . ,. '. '. - ~ I: :~.~: . . ...". :::~:._ ,..'": it. . II" .!~~':-~ :-~,~.' : ,',!::'~... '?~.,":-.~.._~"::'. - ..-~-"-J, ~ l.: .'lIt " '.~ I, ~! I!J;';~' '{'f'" ST99-02 W SANDY LAKE ROAD R.O.W. AND EASEMENT ACQUISITION Created in LDOT -.. '" ~.. '" COFFELL Creeted on: 04 April 2005 OJ Scctt Uita SICJoDUn_Desigl\MlSC EXHlBTS \~g€XH1BlTSdll/g AREA OF PROPOSED R.O.W. OR EASEMENT i 0 50 300 - ~ . . - 1 INCH = 300 FT. -. .- M- ._" Several parts of this document were filed at Dallas County twice because the boilerplate to the permanent right of way and the drainage easement documents were left off at filing the first time it was filed. ,- -.. STATE OF TEXAS ~ ~ ~ ~~~ 33S7S39 $47.00 Oeed COUNTY OF DALLAS DEVELOPMENT AGREEMENT This AGREEMENT is made by and between the City of Coppell, Texas, a Home Ru~~ L.4-d. . . f h.. W~ City (the "CITY"), and Billingsley 121 Coppell:fa Texas eaf'H~)fati8H: I ,MlfeJ ptl-r nt("6 If>. RECIT ALS 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 121 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 Coppell in exchange for a credit against roadway impact fees to be assessed by the CITY against the Billingsley Tract Property; DEVELOPMENT AGREEMENT - Page 1 zoOGO 9 6 0 3 6 9 0 .- NOW THEREFORE, in consideration of ten dollars ($10.00), the mutual covenants and other valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the parties 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 acknowledge that the CREDIT will be applied against 100% of the roadway 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 2n~96 0369 r .- ..- 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 20010 9 6 0 3 6 9 2 -- - and shall be enforced as if the parties intended at all times to delete said invalid section, subsection, 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 running with the Billingsley Tract Property and are fully binding on all successors, heirs, and assigns of Billingsley 121 Coppell 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 201096 03693 - -- INCORPORATION OF RECITALS 9. The determination recited and declared in the preambles to the AGREEMENT are hereby incorporated herein as part ofthis AGREEMENT. EXHIBIT 10. 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 &~y of ~ ,2005. CITY OF COPPELL, TEXAS Billingsley 121 Coppell, Ltd. a Texas limited partnership By: Billingsley 380 North GP, LLC a Texas limited liability company Sole General Part er By: ATTEST: By: DEVELOPMENT AGREEMENT - Page 5 200<<l9 6 0 3 6 9 4 -- - CITY MANAGER'S ACKNOWLEDGMENT STATE OF TEXAS ~ ~ COUNTY OF DALLAS ~ This instrument was acknowledged before me on the l'l~ay of ~L , 2005 by Jim Witt, City Manager of the City ofCoppell, Texas, a municipal corporation, on behalf of said corporation. My commission Expires: h-//-~8 LIBBY BAll Notary Public State of Texas Comm. Expires 06-11-2 8 DEVELOPMENT AGREEMENT - Page 6 zoOiO 9 6 0 3 6 9 5 ~ -- ACKNOWLEDGMENT STATE OF TEXAS ~ ~ COUNTY OF DALLAS ~ This instrument was acknowledged before me on the E1 d.. day of '/1Lfi.A.cA-, 2005, by KENNETH D. MABRY, Manager of Billingsley 380 North GP, LLC, a Texas limited liability company, Sole General Partner of Billingsley 121 Coppell, Ltd., a Texas limited partnership, on behalf of said limited partnership. ~~~ State of Texas My Commission Expires: E...9.~ BETSY M. ROWE o {*,::. MYCOMMISSIONEXPIAES ..... June 27, 2006 c:UJO(P DEVELOPMENT AGREEMENT-PAGE 7 ZDO~ 9 6 0 3 6 9 6 - - EXHIBIT" A" LEGAL DESCRIPTION OF PROPERTY See attached Land Title Survey prepared by Kadleck & Associates dated May 11,2000. DEVELOPMENT AGREEMENT - Page 8 zor.1J 9 6 0 3 6 91 ) ) B..,"II ~ 1,5'3.37;' $Qua'" T~I '" 31 :nSQ 8cr~ "iel QI ...'", $""<11",,, "., '~e je..... MiX)", Su""",v ....ostrict No 96B ~nd ",e C S OVM8!1i1" 5u""lV. Abslra'" NQ 1655, City o( CoppeU. 0.,,,. CO\rntl leu.. aM beINI~" ",. r..~d 18509. acre Irlel 01 "fie! c>:l""",,,"<l '" T'E No'lhpo,nl Pi"!""",. lid by~drerofded.,V!Jlvrne96T06 Page 5182 Det!<lRfKXl"" "I 0aIla5r...oUntv. T........~"OrJ ~alloM 2Bq2T .~,..'...ctoT la'ndcoo""yoPll ", TIE ~rtt>po"" p."I'@'S. LIC! OyCl~ ,,,COttled on VO~ 96106, P.ge 5186. Oee<l Rtcorl!s of O..n,ls Co"nly,r..u. and part or iI c;llIe<:lII~60 ~ Ir;llc;l"f\ilndcon..eytdlolfFNOr1hpo"'tP."..e<1.LICl.by(lee(l'~inVOIUml!9800J.P.ge 3692 ~ ReCO'lls of ~...s Coon!)' r"'.<.I5, uK! ham '''<=1'''''''9 ltfI "Ilol 2, 8loc11 2 of F~.porl N"rl" In f<)d,tlOn 10 Ill.. ''':'ly oJ r:",,~1I Da'ln Ccx>nl)o Te.as .u;anl,.... to I~ pial thereof ,..oorded ~::"I~~~"!Jl! 0010, ClfoO'd R<!'cOn:ls Dallas Co,-,"'Y Tesas ,,,,0' ~if>o;j "'ore pI"Ocul8fly R(GINNING.t a 'ourd 'I. Inch If'''' fOd 101;1 comet., 'II~ 'Nt'MellO" ef the 5oul~ ~"" 01 Sandy ROall{a.!iO lnol ''91'11 01 w.y) WIlli llle _11M'" 01 ~<>y.lla_ (a "iI".ble wdIh ngh, 01_,\ l.....fnDow."C1CO"<Se5.nO(lI6I'""on_h F1oy~1 , 1'.3' The p'op<:rrv OeStrrt)e(l r,e'e<ln m..y t... ;lfl~c:ed by an eaMmenl tor elo;C1IOt le~hon" ..nd l~'apl, I",,,. 10 Tex.. Power & loglll Co No 'lIIcorneG In Volume 21:.0 p. 421. Deed ';::::;:",0' 0_. Cou"'Y. T...... Saod e.Mm....1 cannlll be loc;ll~ by legitlllescnploOn '" n,.. ~''''''9I:1"",rOlI'''i''''''''''Y'S..l>e.'''''IIofSB9's.o31-WI'''lh.. SOUlhlone oflt>e subJ'!<'1 p<operty ,"",,,,II '5 the common lio... 01 I nl 1 lint:! LOl 2 BIoel< 2 01 F,,,,,,P<><1 North "''"'(led '" VolI.I"''' 96008 P.OO10 n..edReeotdlO.'IlI.Co.."tyT".... I"" p'Gll'etlyde.~"i'>IIId hereon., .I't.al!<l' hy I"" '''''''''''g ag" ot II>" Otad RItCOI,h n' O~'l;o5 Covnl'y Tun .1 T..,"'....... r:ondrtOOt's GrOrd""."<;l! No 71-100.AIIlXltl Zon.ngO"""."ce Wooth~lOn;l''''''Jl'O'1'''V~P.211'P;lge118{non.pIOn''''IIem'1 III ~~~"ment Ie' "lrct<,C ;I"" tl!~~ !ones 10 TI!'ll$ 1'_1 8. L'!Jhl Co ''1 VOI"me CI EiI"""""'lfo'''~''c.''<llelepllof1elmei TelI!pll<>"eC' VICINITY MAP " ~ ~ ~'(I() 100 ~. LEGEND .-.; '<_,,""R,. .... S"""'_ ..... ",..".... ~ f=~ ~:.~,. f'l!'eportNorth THfNCE. S 89.5IrJ1. W de~rtl"9l!'11! _'Iii"" 01 Royal LanE' and ...Ih "'I! common Ior.e 01 nl( 1 ,ndl1ll2,ad...tllflCO'oI1A2&.91'Htloafound ~ 1.....h"""'odlo'8=rnellntne...~IIine. t'act oI.nd eon""~ed 10 G"l..,.nw.y-G..~'ne~ll P.M1"IOl". l P. lly dee!l rKDfdl!<l' ,n Vo.... 96097, P;o!/l! 39&01, De.d '!'COrd. 01 D,lIil' COOJ01I~. Tl!x;os,nd silld po....! 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IfICtl 0f"0l'\ 'od fOf,n M1g1f!r po,nl N34'3124.E arlisl.."ceof17142"""tloilloundTXOOT""I'trol_yl'l'lQn""",,,,,or.co'neo' N fi~'483<. E. .d>st.nee 0118117 'roe! 10 a found '" ond1.,., rudlnr ~com..r '" the.OUII> hfll! oISilMyl..~..Roood THEI\ICF. S 89"S553- E _II"i">e SOlItt> I'"e of Sandy l,~.. ~",.d S92 III I....' 10 lhe PO.nl 01 8eog,,,n1ng SURVEYOR S CtRllflC....Tf lhe ut>d""og""d ""'eby ~..,trfie5 t,,. TiE NORTl-IPOINT P"'RTNERS lID BILllNGSltv J.8(} NORTH_ l TO REPUBLIC TITLE O. TEAAS INC "nit FIRST ...MERIC.... TITlt INSURANCe COP.4P..Nv that III.. S""''''y <I) en<np1ll!' w1ttl lilt e"".nl hus Scoc""l'J' Prof1!ssoonll S......Y'JIS SUl'ldlrll$ Ind SPI!Cdoc;"I_, fO' . Cil~ry IA Cond......n II 5'J'-Y. <.\ ..~ "",dl! 0" the ground un.-, "'r 'UP""'''OO'''i Pl!f Ih~ r",,1ll notn shown h...on al'ld oofTectly sIIowslh"b<I""d."Ikn., .nd d.....n'ions ,ndlhe ,~. or !he I"M I1IdlC:lllood ....~.... 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Iloodplll"'I.CC<;l'd'nglolhef E "''' F....ooln...FlnCI!A.teM.pNo .B113COI3SJd;llIl!<l..."gusI2J 2001 Oated M.~ l' 2000 G"'" ~~OJ.493CR9 JGbNG 2417 CERTI'-'CATED U.rc~. 200. /2{1(1.1..cotr",c1t<IlI!-galde.cnphon.d'awlng I. P"t1'y.,t",1oli<:,,,,," LAND TITLE SURVEY 37.0380 ACRE TRACT JESSE MOORE: SURVEY, ABSTRACT NO. 968 C.5. DUNNAGAN SURVEY, ABSTRACT NO 1655 COPPELL. DAlLAS COUNTY, TEXAS ~ft A ~:g~_& .~~~~" (~.,,, ,.., _0'" ""0 .o..,~~ EXHIBIT "A" =~~c.am/flOne"'l ....C""-1. J. .,~"~._,, . e........... .< H M--- l.'ll I I I I w z :5 ....J ~ o n::: -" ... I. l~ 1- 'W rn . '" !8 I~ '/1-"_ - _{~_ar~l~2t~~~I_ ~8r5-J-'~.".J~'~ - - - - T ,........ h..l. __________, I Vo' .~~o;~ 0010 j l - -"- - --......-- - ?-::=-ur S-8"W5tnl~~r~~a-.1J7.- L_'~~~~ r:J~O~~'~!lc. _ L- "---~~'c..=--7c.;uO::::::".~T;;.f.:iII-.~.:.~." ~ -,-,:.:.,:",.=_ "'__ _ _ / Lo" a-., / "/r"""_.,, C..."..,,,o". ::J?:,f'''' ?"'t:,;lOO. d, SAN9~ ,~.~~. S 89'55'53~ E 592.35' ~' ~~~~';t:r.CEJ.::;"~-'.' '/P'"" V'I<""' 613,375 Sr;J7.0380 AC. ". .,. . t III I 'I /; / /0_;;:';'" "..fA~T;rJ9&' ~~~:~,~~ ~ . j ; 1 r , ~ ; . ~ ~ - - EXHIBIT "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 NaIl and Perkins dated May 28,2004 and July 15, 2004. DEVELOPMENT AGREEMENT - Page 9 20050 9 6 0 3 6 9 9 - .- EXHIBIT "B" FIELD NOTES Right of Way Dedication PART 1 Being a 1.156 acres tract of land situated in the J. Moore Survey, Abstract No. 968, Dallas County, Texas, and being a part of the remainder of TIE Northpoint Partners, 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 more 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 in concrete TXDOT monument found on the east right of way line of said State Highway No. 121, bears South 33028'25" West, 274.25 feet; Thence departing said east right of way line of State Highway No. 121, along said south right of way line of Sandy Lake Road same being the north line of said TIE Northpoint Partners, Ltd. tract, the following courses and distances: North 65059'00" East, a distance of 193.36 feet; North 89056'58" East, a distance of 592.49 feet to the west right of way line of Royal Lane (a variable width right of way); Thence South 00025'58" East, departing 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 00025'58" East, 199.90 feet, and also being the beginning of a non- tangent curve to the left with a radius of 35.00 feet. a central angle of 83027'24", with a chord bearing of North 49040'05"West, and a chord distance of 46.59 feet; Thence departing said west right of way line, over and across said TIE Northpoint Partners, Ltd. Tract, the following courses and distances Along said non-tangent curve to the left, an arc length of 50.98 feet to a 5/8 inch iron rod with a plastic cap stamped "TNP" set for corner; South 89040'20" 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 1 008.00 feet, a central angle of 02059'15", with a chord bearing of North 88050'10" West, and a chord distance of 52.55 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 8r20'33" West, a distance of 108.71 feet to a 5/8 inch iron rod with a plastic cap stamped "TNP" set at the beginning of a tangent curve to the left with a radius of 992.00 feet, a central angle of 090 16'07", with a chord bearing of South 88001 '24" West, and a chord distance of 16030 feet; Along said tangent curve to the left, an arc length of 160.48 feet to a 5/8 inch iron rod with a plastic cap stamped "TNP" set for corner; l\PROJ.R 14 ICpI00243\surveyIROW.E SMT\row.esml_ 01 doc 6/112004 Page 1 01 4 200rll 9 6 0 3 7 0 0 - -- South 83023'20" West, a distance of 263.08 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 TIE Northpoint Partners, Ltd. tract; Thence North 33044'13" East, continuing along the said east right of way line of State Highway No. 121 and the said west line of TIE Northpoint Partners, Ltd. tract, 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 0.065 acres tract of land situated in the J. Moore Survey. Abstract No. 968, Dallas County, Texas, and being a part of the remainder of TIE Northpoint Partners, 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 Partners, 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, 0.74 feet; Thence South 89043'22" West, departing said west right of way line, along the south line of said TIE 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 North 00034'21" West, departing said south line, over and across said TIE Northpoint Partners, Ltd. tract, a distance of 1,027.89 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 TIE Northpoint Partners, Ltd. Tract, the following courses and distances: North 89045'02" East, a distance of 4.00 feet to a point from which a 1/2 inch iron rod found, bears North 02017'12" East, 0.86 feet; South 00025'58" East, a distance of 1,027.88 feet to the place of beginning, and containing 0.065 acres of land, more or less. Prepared from a survey performed in the month of April 2004. DATE: 05/26/2004 The bearings are based on the Texas State Plane Coordinate System, North Central Zone (NAD83). See Sheets 3 and 4 for sketch. L IPROJ-R 14ICpI00243IsurveyIROW-ESMTlrow-esml_01 doc 6/1/2004 Page 2 of 4 zoot) 9 6 0 3 7 0 t: --.... BRASS DISK IN CONCRETE TXDOT MO"'iUt.'lENT FOUND NOTES: 1. Bearings ore based on the Texas State Plane Coordinate System. North Central Zone (NAD83). 2. Integral po rts of this survey: a. Legal Description b. Sketch o ..... -' ~~ w- U.zUl 0..... C>:o o::<l:Q wQ o~w ~zo <l:6- :::;Q'" wI'" 0::..... . 0::--' 00 z> w '- ..... ..... 7. ~.~ ~~ .~~ .?> rj) -t'G O:,.p L. ~~ OJ ./rIRr 5/S"Rf - 1i-DOT MDNUlAENl rOuND (BROKEN) R=992.00' L=160.48' CA=09"16'07. CB=SSS-01.2....W CD=160.30' lih!l cg @ @If: PART 1 1.156 ACRE RIGHT or WAY DEDICATION R=100S.00' L=S2.S6' CA=02"S9'1S- CB=N88"50'10.W CD=52.55' R=3S.00' l=SO.9S' CA=83"27.2.... CB=N"'9" 4O'OS.W CD=...6.59' S00"25'58.E 199.90' 1/:nRF CITY OF COPPELl VOL. 88118. PG. 877 1/2"'Rf ! 5/B"rRF o FOUR SEASONS ADDITION VOL 91139. PG. 2187 May Dale: SHEET 3 I -. , '~n L- ~Q!J o 50 100 ~ SCALE: 1 .. 200 I 100' @l"4J l"~ ~@ '4;!Jry 4J !? <1V(Q) (7~J7 ..... ff> ~. ~~ :,.p~ ~~ .?>'ft. -t.d Orj) (Y~ .,... L, ,\?~ FERGUSON REALTY COMPANY VOL 79085. PG. 2171 1.156 ACRES RIGHT Of' WAY DEDICATION Situated in the J. MOORE SURVEY ABSTRACT NO. 968 CITY OF COPPEll DALLAS COUNTY, TEXAS TEAG UE NALL AND PERKINS co..v"... ...,..... 1100 Macon Sfreet Fort Worth. Texoe 76102 (817) JJ6-577J L 00243 ~_.. o 100 200 T N89045'02-E-r-=. 4.00' . I -- 50 ~ 1/2"Rr SCALE 1" '" 100' ::;8"(:11'5 .~ ,,"p' B ~~i S,-S-- gb?J O~'t) ~O. ~O C'\ J' S'\~~ l'\) INC. PART 2 0.065 ACRE RIGHT Of WAY DEDICATION REMAINDER OF TIE NORTHPOINT PARTNERS, LTD. VOL. 96106. PC. 5188 NOTES: 1. Bearings are based on the Texas State Plane Coordinate System. North Central Zone (NAD83). 2. Integral parts of this survey: a. Legal Description b. Sketch S/B"CIR5 ~TN"'~ 589043'22- 1.50' Moy 26. 2004 Dote: ": "'1-" 1/7~!JH [\I\J] ~ ~ ~ d jaJ 0.0 d g;a.. ~ Uoo P Lc- @ ~~ Ii[s is 6 > Z en o 0 q q c.. to.) ~ (II Nui - 011 . . ~ 1"'1 - o 0 to.) to.) ..... ..... Co Co ~~ ,-,-0 oz wZ u~ <(0 -'w Q..(IJ .~ / 1/2ftCIRF ; /,"'RF ~/8"lRF ~~i VJ '?-- b?J ~ S 9 \l-P '0 ~OO C'\ ~ . J. S'\~t' l' \J, FOUR SEASONS ADDITION VOL. 91139, PC. 2187 1 2"CIRF 0.065 ACRES RIGHT OF WAY DEDICA liON 5/SnIRF Situated in the J. MOORE SURVEY ABSTRACT NO. 968 CITY OF COPPELL DALLAS COUNTY, TEXAS TEAGUE NALL AND PERKINS C..'"LT".. ...,..... "00 Macon Stre.t Fort Worth, r.KO' 76102 (817) JJ6-577J SHEET 4 OF 4 JOB NO. CPL 00243 C"') 0, " C"') o \.D 0') .~ , c:> . . c:> , I c:-." ~ -- 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 part of the remainder of TIE Northpoint Partners, 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 particularly described by metes and bounds as follows: Commencing at the northeast corner of said TIE 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 00025'58" E, along the east line of said TIE Northpoint 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 00025'58" E, continuing along the east line of said TIE Northpoint tract and the said west line of Royal Lane, 3.54 feet; Thence South 44025'39" West, a distance of 1307 feet; Thence North 45034'21" West, a distance of 20.00 feet; Thence North 44025'39" East, a distance of 22.65 feet to a curve to the right having a radius of 3500 feet, a central angle of 31017'27" and a long chord bearing South 23035' 06" East 18.88 feet. Thence along said curve, an arc length of 1 9.11 feet to the place of beginning and containing 0.009 of an acre of land, more or less. DATE: 05/26/2004 The bearings are based on the Texas State Plane Coordinate System, North Central Zone (NAD83). See Sheet 2 of 2 for sketch L IPROJ.R14ICpI00243Isurvey\ROW-ESMTldrng-esmt_01 doc 6/1/2004 Page 1 of 2 2D~ 96 0 3 7 04 N<<"25'39-[ 22.65' N45"34'21-W 20.00' 0.009 ACRE DRAINAGE EASEMENT NOTi::S: 1. Bearings are based \"., the TeKas State Plane Coordinate System, North Central Zone (NAD83). 2. Integral parts of this survey: a. Legal Description b. Sketch -- .- 1 ~ \.:-t \J~ ~\) S 0\1\ yt'-' , 0 . y..OV C'\ ~ ". \->. c.:\~~ J ~ \):J 25 50 ~ 100 1 " 50' SCALE: FERGUSON REALTY COMPANY VOL. 79085. PC. 2171 ~&'[N][j)W [L&'~~ ~@~[j) N890S2'08"W 129.94' 5/8"'"F ----------------oQ PLACE OF COMMENCING Ul o q N l.J1 ui 011 . M R=35.00' L=19.11' CA=31"17'27- CB=S23"35'06-[ CD=18.88' PLACE OF BEGINNING 5/8.C'RS ~TNP~ 00"25'58-[ 3.54' B 30' OEOICAlEO FOR R-Q-W rIC. S<<"25'39-W 13.07' [1M ~ ~ d " " d j<Xl w ~ Cl-0 Ceo. ~ 0 U' @ <Xl to- (liS ooc; r<Xl >- Q-> 0 > Q~ >-- ON o <(0 tJ1Cl- Z . 001 tJ1"1 <(- w- tJ10l ~...i oS? to- ~~~ c..;\J ~ go '0 O~~' >~Cl' ~ 0 C'\ ~. \,:\\~~' ~\)S Ul o q N l.J1. l.J1 CIl . M o >- -> to en VI en .00 ~oo w- to-z"' olYcj 0:: <( Cl- wo. ot-lci' ~zo ~ 6;<; Wo.Ol 0:: I >- . 0::-> 00 z> '/')"IRf lj2"'IRf 5/8"'"F w ;:::- 1/2.'tR> ~ If') o ~ M o \.0 0'"\ .~ . c::::> , c::;) , I C"ooI . 0.009 ACRES DRAINAGE EASEMENT Situated in the J. MOORE SURVEY ABSTRACT NO. 968 CllY OF COPPELL, DALLAS COUNlY, TEXAS ~~ May 26, 2004 Dole: TEAGUE NAIL AND PERKINS eo".u"rr.. ...,,,.... 7700 Macon Street Fort Worth, reKas 76102 (B,7) JJ6-577J SHEET 2 OF 2 JOB NO. CPL 00243 - "- EXHIBIT liB" FIELD NOTES Temporary Construction Easement Being a 0.187 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 TIE Northpoint Partners, Ltd., as described in deed recorded in Volume 96106, Page 5188, Deed Records of Dallas County, Texas, said 0.187 of an acre tract of land being more particularly described by metes and bounds as follows: Commencing at the northeast corner of said TIE 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 00025'58" E, along the east line of said TIE Northpoint 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 00025'58" E, continuing along the east line of said TIE Northpoint 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 89040'20" 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 angle of 02059' 15", an arc length of 53.60 feet to its end, the long chord of said 53.60 feet arc is North 88050'10" West 53.59 feet; Thence North 87"20'33" West, a distance of 108.71 feet; Thence North 02039'34" East, a distance of 20"00 feet; Tf:1ence South 87"20'33" West, a distance of 108" 71 feet to the beginning of a curve to the left having a radius of 1,00800 feet; Thence along said curve, through a central angle of 02059'15", an arc length of 52"56 feet to its end, the long chord of said 52.56 feet arc is South 88050'10" East 52.55 feet; Thence North 89040'20" East, a distance of 166.52 feet to the beginning of a curve to the right having a radius of 35.00 feet; Thence along said curve, through a central angle of 83027'24", an arc length of 50.98 feet and a long chord of South 49040'05" East 46.59 feet to the place of beginning and containing 0.187 of an acre of land, more or less" Prepared from a survey performed in the month of April 2004. DA TE 05/28/2004 The bearings are based on tfJe Texas State Plane Coordmate System, North Central Zone (NAD83). See Sheet 2 of 2 for sketch LIPROJ-R 14 ICpl002431surveylROW -ESMTltemp-esml_ 01 doc 5/28/2004 Page 1 of 2 20~ 96 0 3 7 0 6 ~ . ~b . 1IO ~N Ot~ 1IO UZ.. .~. ~...'" :. ,:.. ~ SOO'25'58"[ 1/2"'.' 199.90' ~@\f &'!L !L~[N]~ 500"25'5S"E CITY OF COPPELL 3S.36' VOL. 88118. PG. 877 1-- 8 'if. S;...l:tS K IN C- If lXDDT ;F/'.ll . " "~n ~L ~QrJ o 50 100 ~ SCALE: ," V" 'Y' ~~ ~~ 'Y(J ~ ~ l]l '1~ C~ O"'f; . L. ~~ OJ T)(DOT MONU~ENT FOUND IBROKU,I s: /..-. S "'11--(' O( ~l: "'I"v. .;>('() 00;>0", [,,-C 6; ('-/,:('''''/, .oc 'IS .9.9..1 200 BRASS DISK IN CCNCRr.T( nOOT ...-ONUMENT fOU"O 100' o ... -' .CO K!CO w~ LLZUl 0'" . cro cr "" 0- wa- O~..o ~zo ""6- ::!'a-'" wIen cr... . cr--' 00 Z> NOT39'3."[ 20.00' w '" ... R= 1 02S.00' L=53.60' CA=OTS9'1S" CB=NS&-SO'10"W CO=53.S9' N III .0 CD 0.187 ACRE TEMPORARY CONSTRUCTION EASEMENT 1/2'.,.. '/;('IRr 5/8"'.f &0.1 . ~ R=35 001 ~ L=SO 9S~ ~ CA=8 2f2 " ~ CB=S 9- '5"E CO= .5' PLACE OF COMMENCING 500'25'58"[ ...... r . I: :~t~~~~3~ iff I~ S/8 "!Rf l I I LOT 2. TRACT 1 FOUR SEASONS ADDITION VOL. 99241. PG. 196 May Dote: ~I~ N ~ ~ @ (ijS 'QillJ ~I~ CD ~ It) I cd] in lXl ?:=o 1Il~ ~ ~ II!fliJ R=100S,OO' L=S2.56' CA=OT59'1S" CB=S8fr50'10"[ CD=S2.5S' - NOTES: 1.. Bearings ore based on lhe Texas State Plane Coordinale System, North Cenlral Zone (NADB3). 2. Integral ports of this survey: a. Legal Description b. Sketch ~ J?>df! 'Y'~ ~~ ~fJf.]P<tJ 17 VW@ ~y V" -rf'> ~. ~~ "'f;~ 'Y(J '(' ~~~ ~d Ol]l . C- o;. 1}~ ,l?~ FERGUSON REALTY COMPANY VOL. 79085. PG 2'71 0.187 ACRES TEMPORARY CONSTRUCTION EASEMENT Situated in the J. MOORE SURVEY ABSTRACT NO. 968 ,-...;; o r-- C"') C) \.D (j'\ :<i ,c::::o ' I c;o...I CITY OF COPPELL DALLAS COUNTY, TEXAS TEAGUE NALL AND PERKINS co".",r,.. .".,..... "00 Macon Street Fort Worth. TdJCas 76102 (BI7) JJ6-577J SHEET 2 OF 2 JOB NO. CPL 00243 - - EXHIBIT "B" 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 TIE Northpoint Partners, 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 particularly described by metes and bounds as follows Commencing at a 5/8 inch iron rod found at the original northwest 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 width right of way) and also 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 89044'1 T' East, 591.00 feet; Thence North 89052'08" 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 TIE Northpoint tract and also being the intersection of the south right of way line of said Sandy Lake Road and the west right of way line of said Royal Lane; Thence departing said south right of way line. along said west right of way line, same being the east line of said TIE Northpoint tract, the following courses and distances: South 00025'58" East, a distance of 100.93 feet for the Place of Beginning; South 00025'58" East, a distance of 199.90 feet to a point for corner; South 89045'02" East, a distance of 11.00 feet to a point for corner; Thence South 00034'21" East, departing said west right of way line. over and across said TIE Northpoint tract, a distance of 1027.89 feet to the north line of a tract of land conveyed to TIE Northpoint Partners, Ltd., as described in deed recorded in Volume 96106, Page 5182, Deed Records of Dallas County, Texas; Thence South 89043'22' West, along the common line of said TIE Northpoint tracts, a distance of 2500 feet to a point for corner; Thence departing said common line. over and across saId TIE Northpoint tract, the following courses and distances North 00034'21" West, a distance of 1251.80 feet to the the beginning of a non- tangent curve to the right having a radius of 35.00 feet, a central angle of 47"20'03", a chord bearing of Souttl 31036'24" East, with 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 sUfVe1jperformed In the month of April 2004. :J ! ,1 VSSTErHE'N~' Rr,L S, 4090 DATE 07/15/2004 The bearings are based on the Texas State Plane Coordinate System. North Central Zone (NAD83) See Sheet 2 of 2 for sketch L IPROJ.R 14\CpI00243IsurveyIROW.ESMTllemp.esml_07 doc 7/16/2004 Page 1 of 2 -........ 2~0() .g 6 03'708 N89052'08"W PLACE OF 129.94' /lCOMMENCING 'OUN/) \ // -~&,~M-lb~:)~~ -W3~&fi---- ~"~/8-c7'Rr~8!r"44"'1 rr------S91.00'- 30' DEDICATED ,OR R-O-w - '~--:> ~\i <-...-....~ iF:~~ ~-:y ~ ~0 ~ ~ 4, ~ /NC. NOTES: R=35.00' l=28.91, CA=4T20'03- CB=S31036'24-E CD=28.01' 1. Bearings are based on the Texas State Plane Coordinate System, North Central Zone (NAD83). 1/2~;R' 2. Integral parts af this survey: a. Legal Description b. Sketch REMAINDER OF TIE NORTH POINT PARTNERS. L TO VOL. 96105. PC. 5188 0.661 ACRE TEMPORARY 25'- CONSTRUCTION EASEMENT Yl \j -.. 100 200 ~ SCALE: 1" = 200' +00 ~ ~:-t ~'\J~ '.\) ':::J Q \ t\ \()\.>\>~~ ~(). ~. ~:\~~C j . ~'0S FERCUSON REALTY COMPANY VOL. 79085. PC 2171 ---,~ :z=-s00 25'58"E ~" 0.93' ~~'{ ~ b PL CE OF S\J~ gQ~ ~:; BE 'INNING ()~~~ ~(). . b ~ ,,\() c:\ o~ j' ~~ " ~.~ ~'0S'\ > 3",1 ..... IrN :::;;01 -,..... wOO Ir'(j WN Ir wo.. ClCl Cl <l:o.. Z . -" w 000 z". Ira <l:~ :::;0 00 N >-00 ~ 0::00 <l: I\;? O..J za ::0> a m '0 CIC! - It) N ..... ..... joo w 0..0 0..0.. a Ucri L.- a;;; Oli':oo CIC! 06 ~ > o 9045'02-[ 11.00' FOUR srASONS ADDITION VOL 91139. PC 2187 ~ . - N ':.t II') b o z 161 11M ~~ - cg N . cd] II') b cd] 0 cg ell ;?;:o @ ~ 0')' o ~ M o 1O 0') :~ l c:::> 1 .. c--.I S89-4J022.W 00881 ACRES 25.00' TEMPORARY CONSTRUcnON EASEMENT Situated in the J. MOORE SURVEY, ABSTRACT NO. 968 CITY OF COPPEll, DALLAS COUNTY, TEXAS TIE NORTHPOINT PARTNERS. LTD. VOL 96106. PC. 5182 JUly Dote: TEAGUE NALL AND PERKINS COIf'"L~r.e .Kor".... I 1100 Macon Street Fort Worth. Texo5 76102 (817) JJ6-577J I ~~EET , Of , J06 '0. ePL 002" - o IIll CO. 9 6 OSOUl - .....""... FILED .6JlO RECORDeD OFF\C I"~ ':L:,C F\[:(H~ii's 2005 HAY 11 AM 11: 21+ n ,',. (il ct' ,,,~:.-,::~:.\\ ,(ll-'}-'- J i."i,ll)"i I f CLEn.~~ O}\~.L;1~' co,. 1,:~.~t~S Rd~ .~ '- ~;1 of C~tetl. A fff} -' pa lJ lq Ce D eie f!/ ~)7) Pcuk~ (JIve!. (IClp;;d!/ Tx lJO/J