Bethel BP-AG071009
corrELL
~., .'
+
l'
DATE:
Engineering
October 9 I 2007
AGENDA REQUEST FORM
THE.CiTY-OF
DEPT:
ITEM #: 22
D WORK SESSION
D CONSENT
[(] REGULAR
ITEM TYPE: CONTRACT IBID or PROPOSAL
ITEM CAPTION:
Consider approval of a Development Agreement between City of Coppell and CH Realty IV/Bethel, L.P. to construct
Creekview Drive from Bethel Road north a distance of 1000 feet (+/-) in conjunction with the construction of Bethel
Road and Bethel Business Park, Lot 1 Block A; and authorizing the City Manager to sign.
-
IIII
[i]
GOAL(S):
EXECUTIVE SUMMARY:
Approval of this agreement will allow for the construction of the remaining portion of Creekview Drive between Royal
Lane and Bethel Road.
Staff recommends approval of the Development Agreement between City of Coppell and CH Realty IV/Bethel, L.P.
and will be available to answer any questions at the Council meeting.
FINANCIAL COMMENTS:
Staff recommends approval of the Development Agreement.
ACTION TAKEN BY COUNCIL:
APPROVED BY
CITY COUNCIL
ON ABOVE DATE
Motion to Approve
RECOMMENDED ACTION:
M - York
S - Franklin
Vote - 7-0
. Libby Ball
~ 2007.10.23
11:05:54
.05'00'
I#Creekview Dr Dev Agree
THE.CiTY.OF
corrELL
I)
MEMORANDUM
TO:
Mayor and City Council
FROM:
Kenneth M. Griffin, P.E., Director of Engineering/Public Works
DATE:
October 9, 2007
REF:
Consider approval of a Development Agreement between City of Coppell and
CH Realty IV/Bethel, L.P. to construct Creekview Drive from Bethel Road
north a distance of 1,000 feet (+/-) in conjunction with the construction of
Bethel Road and Bethel Business Park, Lot 1 Block A; and authorizing the
City Manager to sign.
F or several months the City of Coppell has had ongoing discussions with the developer of Bethel
Business Park, Lot 1 Block A concerning the construction of Creekview Drive. Bethel Business
Park, Lot I Block A is the tract of land immediately west of Cici's on the north side of Bethel
Road. Their development plan was recently approved by City Council. They are dedicating half
the right-of-way for the extension of Creekview Drive as part of the platting process. The
remainder of right-of-way is on property owned by Fellowship Church of Las Colinas.
During the presentation of this development to Council there was some discussion regarding the
extension of Creek view Drive. Because of the width of Creek view Drive it would not be prudent
to have the developer build just half of the road on the west side of their property. Also, if the
developer built the full width of Creekview Drive a partial distance through their property, then
there would still be a disconnect between the two sections of Creekview Drive. Council may
recall at the Council meeting when this was discussed, I commented that when this development
was further along the city would explore opportunities with the developer to complete the
extension. Creekview currently connects at Royal Lane, proceeds in a westerly direction for
some distance, and then turns south ending approximately 1000 feet north of Bethel Road.
There are several obstacles to bringing about the completion of Creekview Drive. One is the
acquisition of right-of-way from Fellowship Church of Las Colinas. Another is modification of
a portion of Bethel Road, which is currently under construction, to allow for median access to the
driveway for Bethel Business Park, Lot 1 Block A and to Creekview Drive. Another obstacle is
the actual cost-sharing of the construction of the extension of Creek view Drive.
After several meetings with the developer and his engineer, the City has structured a
Development Agreement that attempts to put some burden on both parties to bring about the
completion of Creekview Drive. Paragraphs 1, 2 and 3 of the attached Development Agreement
go into greater detail. Paragraph 1 places the responsibility for acquisition of right-of-way from
Fellowship Church on the developer. It also requires the developer to dedicate right-of-way
from its own site for the construction. In Paragraph 2, the City lists considerations for the ~.
dedication of that ROW. One is a credit for 100% oK ':l~sessed Roadway Impact ]=<~~s. In . / )
addition to that, the city would be redesigning a portion ofBet:heCRaad -fa provIde me~i~!!.._
openings to the subject prope!!y and to the extension of Creekview Drive. The city would fund
the construction ofa:-12';waierlineto-conneciacurrenny-deact::emt-warertine in Creekview Drive
to a new-waremiiemBethe-r~baQ. Connecting these two waterlines will provide additional
looping of water service throughout the properties along Royal Lane. Also, the city would, fu,J?.<L
one-half of the cost~()f c:oI!~!r.uction of Creekview Drive and fund the CQsL9Lthe !!.~ median
op~l1il1gs on ~~therB.oacl.' In Paragraph S;"ln conSIderatIon of these items being providedby the
city, the developer has agreed to cause and flJlliUD.e design of Creekview Drive from Bethel
Road approximately 1000 feet north, cause the <ie~i@..QJthe 12" waterline extension from Bethel
Road north approximately 400 feet, and fung on~-halfQfJ:~ cQn~.!:D!_~~_~f Creek'\f~~"Y..I?EiY~.
In essence the developer is acquiring and q.e~icating the necessary right-of-way: for Creekview
and the city is providing 100% credit for that right-of-way against future roadway impact fees.
The city is redesigning Bethel Road to provide median openings and funding for those median
openings. The city is funding the construction of the 12" waterline; however the developer's
engineer will be designing the waterline plan. The city is funding one-half of the construction
cost of Creek view Drive, and again the developer's engineer is designing the plan.
It is anticipated that the City's share of this Development Agreement will be approximately
$250,000 to $300,000. However that money will complete Creekview Drive and loop a 12"
waterline on the west side of Coppell. If the Development Agreement is approved by City
Council, our next approach will be to discuss with the contractor currently constructing Bethel
Road about the possibility of a Change Order for the Bethel Road project that would include the
extension of Creekview Drive and the 12" waterline construction. This approach would expedite
the construction of Creekview and the waterline once it is designed. If it were designed and
placed out to bid, because of the size of the project and inaccessibility due to the ongoing
construction of Bethel Road, it is conceivable that the bid would show a much higher
construction cost. Also, if this agreement is approved by City Council it will allow the city to
bring forth a Change Order with the Bethel Road contractor, which could hopefully be brought
before Council sometime in November.
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 Rule
City (the "CITY"), and CH REALTY IV/BETHEL, L.P., a Texas limited partnership (the
"DEVELOPER"):
RECITALS
WHEREAS, bEVELOPER intends to acquire or is the owner of a tract of land intended
for development as a light industrial project located along the north side of Bethel Road, more
particularly described in Exhibit "A" attached hereto as (the "PROPERTY"); and
WHEREAS, the CITY desires to facilitate the completion of Creekview Drive from
Bethel Road north a distance of 1000 feet + /- and
WHEREAS, DEVELOPER desires to dedicate right-of-way from the PROPERTY and
to use reasonable efforts to obtain the necessary right-of-way from Fellowship of Las Colinas,
each more particularly described in Exhibits "B-1" & "B-2" attached hereto (the "RIGHT-OF-
WAY"), and provide the RIGHT- OF- WAY to the CITY in order to permit the CITY to cause
the construction of Creekview Drive and two median openings, more particular described in
Exhibit "C" attached hereto (the "CONSTRUCTION"); and
DEVELOPMENT AGREEMENT - Page 1
(lMh- 16 ~ ~ 11/2/01
WHEREAS, the dedication of the RIGHT -OF - WAY by DEVELOPER will be in lieu of
the CITY'S purchase or condemnation of the RIGHT-OF-WAY at a future date; and
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. DEVELOPER shall dedicate or grant the RIGHT-OF-WAY from their
PROPERTY to the CITY and DEVELOPER shall use reasonable efforts to obtain a grant of
RIGHT- OF- WAY from Fellowship of Las Colinas to the CITY for purposes of the
construction of Creekview Drive on or before December 31, 2007.
2. Upon dedication of the RIGHT-OF-WAY by DEVELOPER, the CITY agrees to
the following: a) provide a credit in the amount of 100% (the "CREDIT") against future
roadway impact fees to be assessed against the PROPERTY; b) at the CITY'S expense, cause
the redesign of a portion of the Bethel Road construction plans to provide a median opening to
subject PROPERTY and a median opening for Creekview Drive at the location depicted on
Exhibit C; c) at the CITY'S expense, cause the construction of a 12" water line from Bethel
Road north a distance of 400 feet +/-; d) fund one half of the cost of the construction of
Creekview Drive from Bethel Road north a distance of 1000 feet +/-; and e) at the CITY'S
expense, cause the construction of the new median openings in Bethel Road that will serve the
PROPERTY and Creekview Drive.
3. Upon approval of this AGREEMENT by the City Council of the CITY, the
DEVELOPER agrees to the following: a) cause the design of Creekview Drive from Bethel Road
DEVELOPMENT AGREEMENT - Page 2
a distance of 1000 feet +/-; b) cause the design of approximately 400 feet of 12" waterline in
Creek view Drive; and c) fund one half of the cost of the construction of Creekview Drive from
Bethel Road north a distance of 1000 feet + / -.
NOTICE
4. 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 DEVELOPER, to:
CH Realty IV/Bethel, L.P.
2100 McKinney Avenue, Suite 700
Dallas, Texas 75201
Attn: Steve Bancroft
With a copy to:
CH Realty IV/Bethel, L.P.
2100 McKinney Avenue, Suite 700
Dallas, Texas 75201
Attn: General Counsel
With additional copy to:
Winstead PC
5400 Renaissance Tower
1201 Elm Street
Dallas, Texas 75270
Attn: Greg Zimmerman
If intended for CITY, to:
City of Coppell, Texas
Jim Witt, City Manager
P.O. Box 9478
Coppell, Texas 75019
DEVELOPMENT AGREEMENT - Page 3
SUCCESSORS AND ASSIGNS
5. 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.
DEVELOPER may transfer any portion of the PROPERTY and any of its rights and obligations
under this AGREEMENT without the consent of the CITY. If DEVELOPER assigns its rights
under this AGREEMENT, then DEVELOPER shall thereby be released from any further
obligations hereunder arising after the date of transfer, provided that the assignee assumes in
writing DEVELOPER'S obligations hereunder arising from and after the transfer date and a copy
of such written assignment shall be provided to the CITY. Additionally, the CITY acknowledges
and agrees that in order to induce financial lenders or institutions ("Third-Party Lenders ") to now
or hereafter provide financing arrangements to DEVELOPER for the development of the
PROPERTY, DEVELOPER may assign all of its rights under this AGREEMENT to Third-
Party Lenders as collateral therefore, without the consent of the CITY.
SEVERABILITY
6. 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
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
7. 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
DEVELOPMENT AGREEMENT - Page 4
for any action concerning this AGREEMENT shall be in State District Court of Dallas County,
Texas.
ENTIRE AGREEMENT
8. 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
9. The provisions of this AGREEMENT are hereby declared covenants running with
the PROPERTY and are fully binding on all successors, heirs, and assigns of DEVELOPER
who acquire any right, title, or interest in or to the PROPERTY or any part thereof. Any person
who acquires any right, title, or interest in or to the 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.
INCORPORA TION OF RECITALS
10. The determination recited and declared in the preambles to this AGREEMENT are
hereby incorporated herein as part of this AGREEMENT.
MISCELLANEOUS
II. All exhibits to this AGREEMENT are incorporated herein by reference for all
purposes wherever reference is made to the same.
DEVELOPMENT AGREEMENT - Page 5
12. From time to time, upon ten days written request by DEVELOPER, the CITY
shall provide an estoppel certificate in connection with this AGREEMENT so long as the
certificate is requested in connection with a bona fide business purpose. The estoppel certificate,
which, if requested, shall be addressed to DEVELOPER, a prospective or subsequent purchaser
or assignee of DEVELOPER, and/or DEVELOPER'S existing or prospective lender, shall
include, but not necessarily be limited to, statements that this AGREEMENT is in full force and
effect without default (or if default exists, the nature of default and curative action which should
be undertaken to cure same), and such other matters reasonably requested by the party to receive
the estoppel certificate.
13. DEVELOPER represents and warrants to the CITY that DEVELOPER is
currently in compliance with and shall at all times during the term of this AGREEMENT remain
in compliance with the regulations of the OF AC of the Department of the Treasury (including
those named on OFAC's Specially Designated Nationals and Blocked Persons List) and any
statute, executive order (including the September 24, 2001, Executive Order Blocking Property
and Prohibiting Transactions with Persons Who Commit, Threaten to Commit or Support
Terrorism), or other governmental action relating thereto. CITY represents and warrants to
DEVELOPER that the CITY is currently in compliance with and shall at all times during the
term of this AGREEMENT remain in compliance with the regulations of the OFAC of the
Department of the Treasury (including those named on OFAC's Specially Designated Nationals
and Blocked Persons List) and any statute, executive order (including the September 24, 2001,
Executive Order Blocking Property and Prohibiting Transactions with Persons Who Commit,
Threaten to Commit or Support Terrorism), or other governmental action relating thereto.
DEVELOPMENT AGREEMENT - Page 6
14. This AGREEMENT may not be executed, entered into, altered, amended or
modified by electronic means.
DEVELOPMENT AGREEMENT - Page 7
EXECUTED in triplicate originals this _ day of
CITY OF COPPELL, TEXAS
By: ~,p;
Jim Witt, City Manager
ATTEST:
DEVELOPER:
CH REALTY IVIBETHEL, L.P.,
a Texas limited partnership
By: CH Realty IV/Industrial GP, L.L.c.,
a Delaware limited liability company,
its general part
By:
By:
Name:
Title:
DEVELOPMENT AGREEMENT - Page 8
,2007.
CITY MANAGER'S ACKNOWLEDGMENT
STATE OF TEXAS ~
~
COUNTY OF DALLAS ~
This instrument was acknowledged before me on the lIP ~ay Of~.i!u?A ./ , 2007
by Jim Witt, City Manager of the City of Coppell, Texas, a municipal corporation, on behalf of
said corporation.
My commission Expires:
~-[{-08
LIBBY BALL
Notary Public
State of Texas
Comm. Expires 06-11-2008
ACKNOWLEDGMENT BY DEVELOPER
STATE OF TEXAS ~
~
COUNTY OF DALLAS ~
This instrument was acknowledged before me on the ~ day of Oc...+oIoe V- 2007,
by f\obert A. M.e eta in, Vice President of Crow Holdings Managers, L.L.c., a
Texas limited liability company, the manager of CH Realty IV Ilndustrial GP, L. L. c., a Delaware
limited liability company, the general partner of CH Realty IV IBethel, L.P., a Texas limited
partnership, on behalf of said limited liability companies and limited partnership.
Ul&rDIufI~
Notary Public, State of Texas
My Commission Expires:
D\ / de) J;)O II
f '
~"""1l11.
.$>"'~"~.' !!'l"L
$~1<' "~""
; :. .: s
'~~....;:.~
''''''It'I~,1\\'\~
MONA L MCDONALD
Notary Public, State of Texes
My Commission Expires
January 22, 2011
DEVELOPMENT AGREEMENT - Page 9
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
DEVELOPMENT AGREEMENT - Page 10
EXHIBIT 'A'
PROPERTY DESCRITPION
STATE OF TEXAS:
COUNTY OF DALLAS:
BEING a tract of land situated in the William K. Payne Survey, Abstract No. 1140, City of
Coppell, Dallas County, Texas, being described in deed to Walter Hogg Partners, recorded in
Volume 90085, Page 1687, Deed Records, Dallas County, Texas (DRDCT), and being more
particularly described as follows:
BEGINNING at a 1/2" rebar with a yellow plastic cap stamped "Pacheco-Koch" found at the
northeast comer of said Walter Hogg Partners tract and the northwest comer of Lot 1, CiCi's
Addition No.1, an addition to the City ofCoppell, Dallas County, Texas as recorded in Volume
99124, Page 170, DRDCT, said point being a reentrant corner of Freeport North, an addition to
the City ofCoppell, Dallas County, Texas as recorded in Volume 84203, Page 1835, DRDCT
and lying in the south line of Lot 1, Block A of Lot 1, Lot 2, Lot 3, Block A, Freeport North
(hereafter referred to as Freeport North Replat), an addition to the City ofCoppell, Dallas
County, Texas as recorded in Volume 2000102, Page 4826, DRDCT;
THENCE S 00039'01" E, departing the south line of said Freeport North Replat, along the east
line of said Walter Hogg Partners tract and the west line of said CiCi's addition, at a distance of
431.14 feet (Plat 431.29 feet) passing an angle point in the north line of Bethel Road (adjoining
R.O.W. per Volume 99124, Page 170, DRDCT), at a distance of 432.14 feet passing a 5/8" rebar
with a plastic cap stamped "Transystems Corporation" found at the northeast comer of a
permanent right of way to the City ofCoppell for Bethel Road (adjoining R.O.W. per Volume
2004224, Page 12423, DRDCT), continuing a total distance of 463.59 feet (Walter Hogg Partners
Deed 459.17 feet, R.O.W. Deed 463.74 feet) to a 1/2" rebar with a yellow plastic cap stamped
"Goodwin & Marshall" set (hereafter referred to as 1/2" rebar capped set) at the southeast comer
of said Walter Hogg Partners tract and said City of Coppell permanent right of way;
THENCE S 89044'24" W, along the south line of said Walter Hogg Partners tract and said City of
Coppell permanent right of way, a distance of 1095.68 feet (Walter Hogg Partners Deed 1092.07
feet, R.O.W. Deed 1095.66 feet) to a 1/2" rebar capped set at the southwest comer of said Walter
Hogg Partners tract and said City ofCoppell permanent right of way, said point lying in the east
line of a remainder portion of a tract ofland as described in deed to J.T. Thweatt, recorded in
Volume N, Page 407, DRDCT, said point being 16.67 feet east of the east line of the John
Gibson Survey, Abstract No. 1716;
THENCE N 00043'05" W, along the west line of said Walter Hogg Partners tract and the east line
of a six (6) varas wide remainder portion of said IT. Thweatt tract, at a distance of 33.64 feet
passing a 5/8" rebar with a plastic cap stamped "Transystems Corporation" found at the
northwest comer of said City of Coppell permanent right of way, continuing a total distance of
466.97 feet (Walter Hogg Partners Deed 469.61 feet, R.O.W. Deed 467.35 feet) to a 1/2" rebar
capped set at the northwest comer of said Walter Hogg Partners tract, said point being 16.67 feet
east of the east line of said John Gibson Survey, Abstract No. 1716, and lying in the south line of
EXHIBIT 'A'
the existing platted terminus of Creek view Drive (60' R.O.W. per Volume 2000102, Page 4826
& Volume 2000090, Page 8353, DRDCT);
THENCE N 89055'01" E, along the north line of said Walter Hogg Partners tract, at a distance of
13.18 feet passing a 112" rebar with a yellow plastic cap stamped "Pacheco-Koch" found at the
southeast comer of the existing platted terminus of said Creekview Drive and the southwest
comer of Lot 2, Block A of said Freeport North Replat, continuing along the north line of said
Walter Hogg Partners tract and the south line of said Freeport North Replat, a total distance of
1096.26 feet (Walter Hogg Partners Deed 1088.97 feet) to the POINT OF BEGINNING and
containing 509,911 square feet or 11.706 acres ofland.
EXHIBIT "B-1"
LEGAL DESCRIPTION OF RIGHT-OF-WAY
FOR
BETHEL BUSIl'-TESS PARK LOT 1 BLOCK A
DEVELOPMENT AGREEMENT - Page 11
EXHIBIT 'B-1'
PROPERTY DESCRIPTION
STATE OF TEXAS:
COUNTY OF DALLAS:
BEING a tract ofland situated in the William K. Payne Survey, Abstract No. 1140, City of
Coppell, Dallas County, Texas, being a portion of that tract ofland as described in deed to
Walter Hogg Partners, recorded in Volume 90085, Page 1687, Deed Records, Dallas County,
Texas (DRDCT), and being more particularly described as follows:
BEGINNING at a 1/2" rebar with a yellow plastic cap stamped "Pacheco-Koch" found at the
southeast comer of the existing platted terminus of Creek view Drive and the southwest comer of
of Lot 2, Block A of the final plat of Lot 1, Lot 2, Lot 3, Block A, Freeport North, an addition to
the City ofCoppell, Dallas County, Texas as recorded in Volume 2000102, Page 4826, DRDCT,
from which at a 1/2" rebar with a yellow plastic cap stamped "Pacheco-Koch" found at the
northeast comer of said Walter Hogg Partners tract and the northwest comer of Lot 1, CiCi's
Addition No.1, an addition to the City ofCoppell, Dallas County, Texas as recorded in Volume
99124, Page 170, DRDCT bears N 89'55'01" E, 1083.07 feet;
THENCE S 00'41'30" E, traversing said Walter Hogg Partners tract, a distance of 418.24 feet to
a 1/2" rebar with a yellow plastic cap stamped "Goodwin & Marshall" set (hereafter referred to
as 1/2" rebar capped set);
THENCE S 45'35'24" E, traversing said Walter Hogg Partners tract, a distance of21.25 feet to a
1/2" rebar capped set in the north line of a permanent right of way to the City ofCoppell for
Bethel Road as recorded in Volume 2004224, Page 12413, DRDCT, from which a 5/8" rebar
with a plastic cap stamped "Transystems Corporation" found bears N 89'30'34" E, 408.84 feet;
THENCE S 89'30'34" W, along the north line of said permanent right of way to the City of
Coppell for Bethel Road, a distance of27.98 feet to a 5/8" rebar with a plastic cap stamped
"Transystems Corporation" found at the northwest comer of said permanent right of way to the
City ofCoppell for Bethel Road, said point lying in the west line of said Walter Hogg Partners
tract and the east line of a remainder portion of a tract ofland as described in deed to 1. T.
Thweatt, recorded in Volume N, Page 407, DRDCT, said point being 16.67 feet east of the east
line of the John Gibson Survey, Abstract No. 1716;
THENCE N 00'43'05" W, along the west line of said Walter Hogg Partners tract and the east line
of a six (6) varas wide remainder portion of said J.T. Thweatt tract, a distance of 433.33 feet to a
1/2" rebar capped set at the northwest comer of said Walter Hogg Partners tract, said point being
16.67 feet east of the east line of said John Gibson Survey, Abstract No. 1716, and lying in the
south line of the existing platted terminus of aforementioned Creekview Drive (60' R.O.W. per
Volume 2000102, Page 4826 & Volume 2000090, Page 8353, DRDCT);
THENCE N 89'55'01" E, along the north line of said Walter Hogg Partners tract and the south
line of the existing platted terminus of said Creekview Drive, a distance of 13.18 feet to the
EXHIBIT 'B-1'
POINT OF BEGINNING and containing 5,781 square feet ofland.
NOTE:
The bearings shown hereon are referenced from Station No. 1 of the City of Coppell Geodetic
Control Network.
EXHIBIT "B-2"
LEGAL DESCRIPTION OF RIGHT-OF -WAY
FOR
FELLOWSHIP CHURCH OF LAS COLINAS
DEVELOPMENT AGREEMENT - Page 12
EXHIBIT 'B-2'
PROPERTY DESCRIPTION
STATE OF TEXAS:
COUNTY OF DALLAS:
BEING a tract of land situated in the John Gibson Survey, Abstract No. 1716, City of Coppell,
Dallas County, Texas, being a portion of that same tract ofland as described in deed to
Fellowship of Las Colinas, recorded in Volume 94091, Page 1680, Deed Records, Dallas County,
Texas (DRDCT), and being more particularly described as follows:
COMMENCING a 1/2" rebar with a yellow plastic cap stamped "Pacheco-Koch" found at the
southeast comer ofthe existing platted terminus of Creekview Drive and the southwest comer of
of Lot 2, Block A of the final plat of Lot 1, Lot 2, Lot 3, Block A, Freeport North, an addition to
the City ofCoppell, Dallas County, Texas as recorded in Volume 2000102, Page 4826, DRDCT;
THENCE S 89055'01" W, along the south line ofthe existing platted terminus of said Creekview
Drive, a distance of29.85 feet (plat 30.00 feet) to the southwest comer of the existing platted
terminus of said Creekview Drive and the southeast comer of a City of Coppell permanent right
of way for Creekveiw Drive as described in Volume 2000090, Page 8353, DRDCT, said point
lying in the east line of said Fellowship of Las Colinas tract, from which a 1/2" rebar found bears
N 00"43'05" W, 1637.08 feet;
THENCE S 00043'05" E, along the east line of said Fellowship of Las Colinas tract, a distance of
433.45 feet to a 5/8" rebar with a plastic cap stamped "Transystems Corporation" found at the
northeast comer of a permanent right of way to the City of Coppell for Bethel Road as recorded
in Volume 2004010, Page 8251, DRDCT;
THENCE S 89030'34" W, departing the east line of said Fellowship of Las Colinas tract, along
the north line of said permanent right of way to the City of Coppell for Bethel Road, a distance of
45.35 feet to a 1/2" rehar with a yellow plastic cap stamped "Goodwin & Marshall" set (hereafter
referred to as 1/2" rebar capped set);
THENCE N 44024'32" E, departing the north line of said permanent right of way to the City of
Coppell for Bethel Road, traversing said Fellowship of Las Colinas tract, a distance of21.18 feet
to a 1/2" rebar capped set;
THENCE N 00041 '30" W, traversing said Fellowship of Las Colin as tract, a distance of 418.67
feet to a 1/2" rebar capped set at the southwest corner of aforementioned City ofCoppell
permanent right of way for Creekveiw Drive;
THENCE N 89055'01" E, along the south line of said City ofCoppell permanent right of way for
Creekveiw Drive, a distance of 30.15 feet to the POINT OF BEGINNING and containing 13,226
square feet of land.
NOTE:
EXHIBIT 'B-2'
The bearings shown hereon are referenced from Station No.1 of the City of Coppell Geodetic
Control Network.
EXHIBIT "C"
CONSTRUCTION
for
CREEKVIEW DRIVE AND DEPICTION OF MEDIAN LOCATIONS
DEVELOPMENT AGREEMENT - Page 13
Dallas _1 \5086366\2
21478- 301 8/27/2007
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GOODWIN AND MARSHALL, INC.
Civil Engineers Planners Surveyors
2405 Mustang Drive
Grapevine, Texas 76051
LETTER OF TRANSMITTAL
/J ~ (817) 329-4373
TO -L)Tj 8f L1Wl\ 329-4453
RE:
DATE
o Samples
the following items:
o Specifications
WE ARE SENDING YOU D Attached D Under separate cover via
D Shop drawings C1'f>rints D Plans
D Copy of letter
o Change order
D
COPIES
DATE
NO.
THESE ARE TRANSMITTED as checked below:
llf"'For approval
~or your use
D Approved as submitted
o Resubmit
copies for approval
o Approved as noted
o Submit
copies for distribution
Ill"'As requested
o Returned for corrections
D Retu rn
corrected prints
D For review and comment
D
D FOR BIDS DUE
o PRINTS RETURNED AFTER LOAN TO US
REMARKS
COPY TO
5IGNm~~
If enclosures are not as noted, kindly notify us at once.
TH E.CITY.OF
COPPELL
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October 10, 2007
CH Realty IV/Bethel, L.P.
2100 McKinney Ave, Suite 700
Dallas, TX 75201
Attn: Steve Bancroft
RE: Development Agreement between City of Coppell and CH Realty IV /Bethel, L.P to
Construct Creekview Drive
Dear Mr. Bancroft:
Attached are three originals of the above captioned Development Agreement approved at
the October 9, 2007 City Council meeting. Please sign the documents where indicated and
return all three originals to me. A finalized agreement will be mailed to you for your
records.
If you have any questions or need any additional information please feel free to contact
Keith Marvin, Project Engineer at (972) 304-3681.
Sincerely,
~rfr
Kenneth M. Griffin, P.E.
Director of Engineering & Public Works
Office 972/304-3686
Fax 972/304-7041
Enclosure
255 PARKI/I/AY * PO BOX 9478 * COPPELL TX 75019 * TEL 972/462 0022 * FAX 972/304 3673