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-~~ EASEMENT AGREEMENT ~bE7~)79 i¢E~IIQ' ~jppd
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THIS EASEMENT AGREEMENT (this "Agreement"), is made as of this ?f~ day
of 2004, between TOWN CENTER HOLDINGS, INC., a Texas corporation,
("T N CENTER"); and DENTON TAP DEVELOPMENT, LLC, a limited liability
company organized under the laws of the State of Indiana, having an address at 280 East 96`}'
Street, Suite 250, Indianapolis, Indiana 46240 ("DENTON TAP").
Preliminary Statement
Town Center is the owner of certain real property located in the City of Coppell, Texas,
as more particularly described in Schedule "A" annexed hereto (the "Town Center >~arcel").
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 certain 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 "Parcel".
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 ail of
the obligations of the owning party under this Agreement, shall hereinafter be ~~eferred to
individually as an "Owner", and all of whom, including their respective heirs, successors,
grantees and assigns, as well as any lessee of any Parcel or part thereof who has expressly
assumed all of the obligations of the owning party under this Agreement, shall hereinafter be
referred to collectively as the "Owners"} recognize that for the most favorable development and
use of the Parcels, it is necessary that they agree and cooperate with respect to the operation and
maintenance of their Parcels as more particularly set forth herein. Town Center and Denton Tap
therefore 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 certain obligations with
respect to the construction, operation and maintenance of the roadway to be constructed on the
Parcels. The easements and obligations set forth herein shall run to the benefit of and bind the
respective Parcels, and the Owners of such Parcels or any portion(s) thereof. '--
NOW, THEREFORE, in consideration of ten dollars ($10.00) the mutual covenants and
agreements hereinafter set forth, and other good and valuable consideration, the mutual receipt
and legal sufficiency o€- uFhieh are- her~b.y~µ;~a~knowledged, Town Center and Denton Tap,
intending to be legtly hound, li„e~etty'~grdnt, Co~~nant and agree as follows:
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ARTICLE I -GRANT OF EASEMENTS
Section 1.01. Driveway Easements.
(a) Denton Tap hereby grants, bargains, sells and conveys to Town Center, for the
benefit of the Town Center Parcel, the Denton Tap Easement Parcel. The term "Denton Tap
Easement Parcel" means a perpetual, non-exclusive easement and right to the use of those
portions of the Denton Tap Parcel, described as an approximately rectangulaz 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, (iii) a westernly boundary at the
western boundary lines of the Town Center Parcel and the Denton Tap Parcel, which is the
eastemly boundary line of the right-of--way of Denton Tap Road, and (iv) an eastemly boundary
at the eastemly boundary line of the Town Center Pazcel and the Denton Tap Pazcel, 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 cross-hatched area in Schedule "C", upon
and subject to the teens 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.
(b) Town Center hereby grants, bargains, sells and conveys to Denton Tap, for the
benefit of the Denton Tap Parcel, the Town Center Easement Parcel. The term "Town Center
Easement Parcel" means a perpetual, non-exclusive easement and right to the use of those
portions of the Town Center Parcel, described as an approximately rectangular area having as its
(i) southernly boundary line the boundary line between the Town Center Parcel and -she Denton
Tap Parcel, (ii) northernly boundary line a line parallel to such southernly boundary line of the
Town Center Parcel twelve feet (12') from such southemly boundary line, (iii) a westemly
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 right-of--way of Denton Tap Road, and (iv) an
eastemly boundary line at the eastemly boundary lines of the Town Center Parcel and the
Denton Tap Parcel, which is the westernmost boundary line of the Coppell Middle Schoolslorth
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 shown as the cross-hatched
area in Schedule "C", upon and subject to the terms 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 Town Center Easement Parcel. The D~ton Tap
Easement Pazcel and the Town Center Easement Parcel are hereinafter collectively referred to as
the "Driveway Easement Parcels"), upon and subject to the terms 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 Town Center Easement Parcel to
and from the Town.. Center Parcel.
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(c) The easements granted in Section 1.01(a) and 1.01 (b) above shall be for the
benefit of, but not restricted solely to, the Owners, 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 team of this Agreement.
ARTICLE II -MAINTENANCE AND OPERATION
Section 2.01. Construction and Maintenance. Town Center shall construct atwenty-
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-half
(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 workmanlike manner in substantial conformity with applicable law and standards of
comparable accessways in the surrounding market area. Town Center shall maintain, repair and
replace all improved 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 area. To facilitate such maintenance, repair
and replacement, Town Center is hereby authorized to operate, equip, maintain, insure, replace,
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 than 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 ~}~ developed and put ifrto service
for a commercial use. ~~,Qf ~
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, Denton Tap 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, defend and hold harmless Town Center and the Town Center
Parcel from and against any liability, Ioss, 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,
Dentc~h`~Tap~agr~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 iaw Ito obtain such release and discharge, but, in any. even~,;.~v~~tl~~ ~hii:~~~ days
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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 determined 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 such lien.
(b) In the event that any mechanic's lien is filed against all or any portion of the
Denton Tap Parcel as a result of services performed or materials 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
defend and hold harmless Denton Tap and the Denton Tap 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 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, necessary to release such lien.
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; provided, 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 coordinate
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; provided, however, that prior to such closing off, Denton Tap shall
give written notice to Town Center of its intention to do so, and 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 exceed in the aggregate twenty-four (24) hours per year.
(d) Section 2.05. Owner's Rights. 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
tkiear respecti~v~ I'~cels at any time and from time to time for their own purposes, including,
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~=without `iimitatipn;"for the installation, operation, maintenance, repair, replacement, removal
and/or relocation ~ of utility lines; pravided, however, that no such use or modification shall
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prevent the other Owner from using and enjoying the Driveway Parcel Easements and the
Common Roadway contemplated by this Agreement. Each Owner shall have the right to install
convenience facilities (such as mailboxes or benches), landscaping, planters, 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 curbing or other
traffic controls shall bear the cost of such installation and maintenance.
ARTICLE III -COVENANTS AND RESTRICTIONS
Section 3.01. Restrictions on Easements. 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 provisions of Section 2.04) or modified by an Owner of a 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 -INDEMNIFICATION
Section 4.01. Indemnification. Each Owner shall indemnify, defend and hold the other
Owner harmless from and against any damages, liability, actions, costs, claims, and expenses
(including attorneys' fees in a reasonable amount} 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, contractors, employees, licensees, customers and/or
invitees.
Section 4.02. Liability Insurance. Each Owner shall maintain comprehensive general
liability insurance insuring against claims on account of loss of life, bodily injury or property
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 insurance shall be carried 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 insurance companies may have against the other under their
respective insurance policies.
ARTICLE V-TERM ~_
Section 5.01. Term. This Agreement and
liabilities created hereby shall be perpetual and run
permitted by applicable law.
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ARTICLE VI -EMINENT DOMAIN
Section 6.01. Eminent Domain. In the event the whole or any part of the Easement
Parcels shall be permanently taken by right of condemnation, 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'
tenants, as their interest may appear, and no other Owner shall have a right to claim any portion
of such award by virtue of any interest created by this Agreement. Any Owner of a Parcel which
is not the subject of a taking may, 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 taken.
ARTICLE VII -REMEDIES
Section 7.01. Self-Help; Lien Rights Disputes.
(a) If either Owner shall default in the performance of an obligation of such Owner
(such Owner being herein called a "Defaulting 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, after ten days' prior written notice to the
Defaulting Owner and any Mortgage (as defined hereafter) lender (or in the event of an
emergency after 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 Party
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 Citibank, N.A. for commercial
loans to its most preferred commercial customers or (ii) the highest rate permitted by applicable
law (the "Interest Rate").
(b) Any such claim for reimbursement, together with interest thereon as aforesaid,
shall be secured by a lien on the Parcel and improvements thereon owned by the Defaulting
Owner, which lien shall be effective upon the recording of a notice thereof in the Office of the
Clerk of the County in which the Easement is 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 Clerk's office; and any
purchaser at any foreclosure or trustee's sale (as well as any grantee by deed in lieu of
foreclosure or trustee's sale} under any such Mortgage shall take title subject only to liens
thereafter accruing pursuant to this Section 7.01.
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Section 7.02. Injunctive and Other Remedies. In the event of a breach by either Owner
of any obligation of this Agreement, the other Owner shall be entitled to obtain an 'injunction ';
specifically enforcing the performance of such obligation; the Owners hereby acknowledge the
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"inadeq~acy of legal remedies and the irreparable 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 ex enses of any such
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certified mail, postage prepaid, return receipt requested, addressed to the appropriate party at its
address set forth below, or at such other address as such party shall have last designated by
notice to the other. Notices, demands, consents, approvals, and other communications shall be
deemed given (i) three days after 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.
72I MarIee Circle
Coppell, Texas 75019
Attn: Ed Thomas
With a copy to: Chazles 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. Urbahns
280 East 96`~ St., Suite 250
Indianapolis, Indiana 46240
Denton Tap Development, LLC
Attn: Stephan R. Thompson
1400 Noel Road
Suite #1023
Dallas, Texas 75240
With a copy to: Barbara A. Wolenty, Esq.
Robinson Wolenty & Young, LLP
8888 Keystone Crossing, Suite 710
Indianapolis, Indiana 46240
Notices may be given by counsel for the parties described above, and such Notices shall be
deemed given by Seller or Purchaser, as the case maybe, for all purposes hereunder.
ARTICLE IX- MISCELLANEOUS
Section 9.01. Severability. If any provision of this Agreement, or portion thereof, or the
application thereof to any person or circumstances, shall to any extent be held invalid,
inoperative or unenforceable, the remainder of this Agreement, or the application of. such
provision or portion thereof to any other persons or circumstances, shall not be affected thereby;
it shall not be deemed that any such invalid provision affects the consideration for this
Agreement; :arid _ez~h provision of this Agreement shall be valid and enforceable to the fullest
extent permitted bylaw.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
as of the day and year first above written. -
TOWN CENTER HOLDINGS, INC.,
A Texascorpo n
By:
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Title:i~ ~~~ ,E
DENTON TAP DEVELOPMENT, LLC,
an Indiana lim~ed,~bijity company
B. Urbahns, Member
STATE OF TEXAS §
COUNTY OF 7~~~5 §
This instrument was acknowledged before me on this the z~ day of
2004, by ~ ~~ ~j ,, < «, (,~ the
ctFt_~ ~r n.-rc ep,~® of TOWN CENTER HOLDINGS, INC., a Texas corporation, on behalf of
said corporation.
Notary Public in and f the State of Texas
My Commission Expires:
PrintlTyped Name of Notary
a.-~Y.P~;•; GREGORYA. PRICE
:=~ ~ .. Notary Public, State of Texas ~.
STATE OF ( ~ ~ (~ 1J A § z = •.~ My Commission Expires
§ ~ ~' ~' • `'' Ar'RIL 13, 2005
COUNTY OF Il•1 r3 2- f 0 tJ §
This instrument was acknowledged before me on this the a3r°l day of
~L.~Q 2004, by John B. Urbahns, the member of DENTON TAP
DEVELOPMENT, LLC, an Indiana limited liability company, on behalf of said Iimited,J.iability
cornpany.
Notary Publ c in and for the State of ~ ~ c~ uA
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Print/T'-yped Name of Notary
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SCHEDULE A
TOWN CENTER TRACT LEGAL DESCRIPTION
Being a part of a called 7.223 acre tract of Iand 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 Denton Tap Development, LLC of
record in Volume 49171, Page 2395, Deed Records, Dallas County, Texas, and being more
particularly described as follows:
Beginning at a'/z" iron rod set for corner in the East right-of-way line of Denton Tap Road
(variable width right-of--way) at the Southwest corner 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 Cleaners Addition, a distance of 214.44 feet to
a %" iron rod found for corner at the Southeast corner thereof and being the most Western corner
of Jack in 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 corner at the Northwest corner 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.K." Nail found for reference bears South 78 degrees, 46' 47" East, a distance of 1.05
feet;
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 corner;
Thence West, a distance of 292.19 feet to an "x" set for corner in the East right-of-wa}~ line of
said Denton Tap Road;
Thence North 00 degrees 41' 48" East, along the Eastright-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.
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SCHEDULE B
DENTON TAP PARCEL LEGAL DESCRIPTION
BEING a 7.223 acre tract of land situated in the G. C. WOOLSEY SURVEY, ABSTRACT NQ.
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 described in deed to Vista Partners,
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 corner
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 R.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
comer;
NORTH 78 degrees 46 minutes 39 seconds West, a distance of 406.83 feet to a P.K. nail set for
corner;
SOUTH 00 degrees 42 minutes 23 seconds West, a distance of 675.76 feet to an "x"--cut set for
corner in the North R.O.W. line of Natches Trace Drive (variable width R.O.W.), recorded in
Volume 98219, Page 56, D.R.D.C.T.;
THENCE along the North R.O.W. line of said Natches Trace Drive, the following three courses
and distances:
ALONG a curve to the right having a radius of 270.00 feet, a delta angle of 2 degrees 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 corner;
ALONG a curve to the left having a radius of 338.00 feet, a delta angle of 54 degrees 40 minutes
SO seconds, a long chord that bears North 60 degrees OS minutes 07 seconds West a distance of
310.47 feet, an arc distance of 322.57 feet to an "x" cut set for corner;
NORTH 40 degrees 38 minutes 38 seconds West, a distance of 22.88 feet to a S/8 inch iron rod
capped: "Carter &, Burgess" set for the intersection of the North Right-of--Way line of said
Natches Trace' Drive ;! and the East Right-of--Way line of Denton Tap Road (variable width
R.O.W.), recorded in Volume 98252, Page 6839 D.R.D.C.T.;
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THENCE North 00 degrees 4I minutes 48 seconds East, along the East Right-of--Way line of
said Denton Tap Road, a distance of 566.59 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 tract the
following two (2) courses and distances:
NORTH 90 degrees 00 minutes 00 seconds East, a distance of 214.44 feet to a 5/8 inch iron rod
capped "Carter & Burgess" set for corner;
NORTH 18 degrees 14 minutes 12 seconds East, a distance of 251.85 feet to a S/8-inch-iron rod
capped "Carter & Burgess" set for comer -in the South Right-of--Way line of said Vista Ridge
Boulevard;
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, more or less.
TOGETHER WITH appurtenant easement and other rights as contained in proposed Cross
Access Easement Agreement by and between Centex Development Company and Denton Tap
Development, LLC, dated August 25, 1999, filed 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 parcel:
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 the 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 and 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:
Beginning at a found 5/8 inch capped iron rod "CARTER BURGESS" at the northeast corner of
said Denton Tap Development, LLC tract, said found 5/8 inch capped iron rod ("CARTER
BURGESS") also being the most northerly northwest corner of Lot 1, Block G of the Coppell
Middle School North Addition as recorded in Volume 98219, Page 56 of the Deed Records of
Dallas County, Texas, said found 5/8 inch capped iron rod ("CARTER BURGESS") also being
-on the southerly rY,~lrt-of--way line of State Highway 121 By-Pass, a variable width right-of--way
otherwise4known as' Vista Ridge Boulevard;
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Thence South 00 degrees 42 minutes 23 seconds West, along the East line of said Denton Tap
Development, LLC tract and along the West line 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 ("BHB INC");
Thence North 13 degrees 32 minutes 33 seconds East, departing 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 ("BHB INC") on the southerly right-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 beginning of
a curve, concave northerly, having a radius of 2879.79 feet, a delta angle of OS degrees 16
minutes 19 seconds, a chord length of 264.89 feet and a chord bearing of South 79 degrees OS
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 POINT OF BEGINNING, containing
87,997 square feet or 2.020 acres.
Except for the following described parcel:
WHEREAS Denton Tap Development, LLC, is the owner of a tract of land situated in the
Clarinda Squires. Survey, Abstract No. 1327 and the 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 Development, LLC as evidenced in a Special Wa~anty 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 described 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 (bearings based on the West line of
Coppell Middle School North Addition, an Addition to the City of Coppell, Texas, according to
the Map 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 the North
right-of--way line of Natches Trace Drive (a variable width right-of--way) with the East right-of-
way line of Denton Tap Road (a variable width right-of--way), same being the most southerly,
Southwest corner of said 7.223 acre tract; --
THENCE North 40 degrees 38 minutes 38 seconds West, along the East right-of--way dine 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 prod set for a corner;
~THENCfi North 00'degrees 41 minutes 48 seconds East, continuing along the East right-of--way
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line of said Denton Tap Road and the West line of said 7.223 acre tract, a distance of 1 18.29 feet
to a 5/8 inch "BDD" capped iron rod set for a comer;
THENCE South 89 degrees 18 minutes 12 seconds East, departing the East right-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 line of aforesaid Natches Trace Drive, said curve being anon-
tangent curve to the right at this point;
THENCE in a Northwesterly direction, along the North right-of--way line of said Natches Trace
Drive, the following;
Along the arc of said curve to the right, through a central angle of 02 degrees 14 minutes 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 of reverse curvature of a curve to the left;
Along the arc of said curve to the left, 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 OS 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 containing 1.217 acres (53,013 square feet) of land, more or less, together
with abutter's rights of access to end from the 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 of a called 7.223 acre tract of land 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 Denton Tap Development, LLB of
record in Volume 99171, Page 2395, Deed Records, Dallas County, Texas, and being more
particularly described as follows:
Beginning at a'/z" iron rod set for corner in the East right-of-way line of Denton Tap Road
(variable width right-of--way) at the Southwest corner 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 Cleaners Addition, a distance of 214.44 feet to
a '/~" iron rod found for corner at the southeast corner thereof and being the most Western corner
of Jack in 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;
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