Burch Add L1/FP-CS 941213STATE OF TEXAS
COUNTY OF DALLAS
- s.o:-
AGREEMENT
This agreement is msde and entered into by and between the City of Coppell, Texas,
a municipal corporation of the State of Texas (hereinafter referred to as MCity"), and Wes
Burch (hereinafter referred to as q)eveloperM).
WITNESSETH:
WHEREAS, Developer is the owner of Lot 1, Block A, The Butch Addition, an
addition to the City of Coppell, Texas, in the Edward A. Crow Survey, Abstract No. 301,
Dallas County, Texas, and being more particularly described in Exhibit MA" attached hereto
and made a part hereof for all purposes (hereinafter referred to as the "Property); and
WHEREAS, Developer has filed with the City an application for platting the
Property; and
WHEREAS, Developer and City desire to enter into an agreement concerning the
construction of a mutual access easement across the Property and Lots 3 and 4, Block A,
Burch Addition, an addition to the City of Coppell, Texas, as shown on the preliminary plat
filed for record attached hereto as Exhibit MB" and made a part hereof for all purposes; and
WHEREAS, Developer and City desire to enter into an agreement concerning the
construction of a left turn lane adjacent to Lot 4, Block A, the Burch Addition, an addition
to the City of Coppell, Texas, as shown on Exhibit "B";
NOW, THEREFORE, for and in consideration of the mutual covenants and benefits
contained herein, the receipt and the sufficiency of which is hereby acknowledged, the City
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and Developer agree as follows:
1. The Developer agrees to construct, or cause to be constructed, an access
easement on Lot 1, Block A, the Burch Addition, an addition to the City of CoppeR, Texas,
as shown on the final approved plat for the property and connect said mutual access
easement to the existing mutual access easement on Lot 2, Block A, Burch Addition, as
shown on the approved final plat for that property. Developer further agrees to construct
a mutual access easement on Lots 3 and 4, Block A, Burch Addition, as shown on the
preliminary plat for said lots, attached hereto as Exhibit ~B', and to connect said mutual
access easement to the existing mutual access easement on Lot 2, Block A, the Butch
Addition.
2. Developer further agrees to construct a left mm lane adjacent to Lot 4, Block
A, the Bm'ch Addition, as shown on Exhibit qi~, prior to the issuance of a Certificate of
Occupancy for the Property.
3. All construction shall be in accordance with the Code of Ordinances, the
Subdivision Regulations of the City, including applicable City standards and specifications;
and to the reasonable satisfaction of the City Engineer.
4. The provisions of this agreement are hereby declared covenants running with
the Property and are fully binding on all successors, heirs, and assi~tm.q 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. This
agreement will be recorded in the Real Property Records of Dallas County, Texas, by City.
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The release of this agreement will be furnished to the Developer by the City upon
satisfactory completion of the required construction and its acceptance by the City.
Entire Agreement
5. This agreement constitutes the sole and only agreement of the parties and
supersedes any prior understandings or written or oral agreements between the parties
respecting this subject matter.
Assignment
6. Neither this agreement nor any duties or obligations under it shall be
assignable by the Developer without the prior written consent of the City. In the event of
an assiomament by the Developer to which the City has consented, the assignee or the
assignee's legal representative shall agree in writing with the City to personally assume,
perform, and be bound by all the covenants, obligations, and agreements contained in this
agreement.
Successor and Assigns
7. Subject to the provisions regarding assignment, 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 assi~.tms.
Attorneys' Fees
8. If any action at law or in equity is brought to enforce or interpret the
provisions of this Agreement, the prevailing party shall be entitled to reasonable attorneys'
fees in addition to any other remedy to which the party may be entitled.
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Governing Law
9. The validity of this agreement and any of its terms or 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 Dallas County, Texas.
Amendment
10. This agreement may be amended by the mutual agreement of the parties to
it, in a writing to be attached to and incorporated in this agreement.
Legal Construction
11. In the event any one or more of the provisions contained in this agreement
shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such
invalidity, illegality, or unenforceability shall not affect any other provisions, and the
agreement shall be construed as if such invalid, illegal, or unenforceable provisions had
never been contained in it.
Liabilities
12. Nothing in this agreement shall be construed to give any person other than
the City and the Developer any legal or equitable right, remedy or claim under this
agreement; but it shall be held to be for the sole and exclusive benefit of the City and the
Developer.
Notice
13. Any notice required or permitted to be delivered hereunder shall be deemed
received when sent by United States mail, postage prepaid, certified mail, return receipt
requested, addressed to City or Developer, as the case may be, at the address set forth
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below the signature of the party.
EXECUTED this the
- day of
, 199 ~
Wes Burch, Developer
580 S. Denton Tap Road
Coppell, Texas 75019
City if Coppell
P. O Box 478
Coppell, Texas 75019
Attest:
IJnd'~Grau, C~ity Se~xy
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STATE OF TEXAS §
On this the ,~:' ~--~ day of /~.~r_~.~¢ , 199Z, before me, the
undersized au~ofi~, pe~on~y ap~ed Wes B~c~ ~ to me to ~ the pe~on whose
n~e is subs~d to ~e forego~g ~t~ment ~d ac~0~edged ~at he exerted the same
for the p~oses ~erein con~ed.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
Notafij Public, State of Texas
M~.~ssion Expires:
STATE OF TEXAS §
§
COUNTY OF DA~ I.AS §
,!
On this the ~oz day of ~~ , 199.K7, before me, the
undersigned authority, personally appeared Jim Witt, City~anager of the City of Coppell,
Texas, known to me to be the person whose name is suba~bed to the foregoing instrument
and acknowledged that he executed the same for the purposes therein contained.
IN WrrNESS WHEREOF, I have hereunto set my hand and official seal.
Notary Public, State of Texas
My~ C0mmi,'ssion Expires:
./~, /.79,7
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EXHIBIT
WHEREAS, Wes Burch is the owner of a tract of land situated in the Edward A.
Crow Survey, Abstract No. 301 in the City of Coppell, Dallas County, Texas, and being part
of a 5.050 acre tract of land as described in Deed to James W. & Bonnie C. Burch as
recorded in Volume 94114, Page 4886 of the Deed Records of Dallas County, Texas, and
being more particularly described as follows:
BEGINNING at an iron rod for comer at the intersection of the west line of Denton
Tap Road (a 100 foot fight-of-way) with the south line of Bethel School Road (a variable
width right-of-way);
THENCE S. 02' 51' 40" E., 100.25 feet along the said west line of Denton Tap Road
to an iron rod for comer, said point being the be~nning of a curve to the right having a
central angle of 01' 21' 07" a radius of 5679.58 feet and a chord bearing of S. 02' 11' 07"
E.;
THENCE along said curve, and continuing along the said west line of Denton Tap
Road, 134.01 feet to the end of said curve, an iron rod for comer;
THENCE S. 89' 30' 20" W., 50.01 feet to an iron rod for comer;
THENCE S. 00' 29' 40" E., 50.00 feet to an iron rod for comer;
THENCE $. 89' 30' 20" W., 282.32 feet to a point for comer being in the center of
a creek;
THENCE along the meanderings of the center of said creek the following courses
and distances: N. 51' 33' 23" W., 41.97 feet to a point for comer; Thence N. 61' 32' 15"
E., 29.20 feet to a point for comer; Thence N. 11' 40' 40" W., 8220 feet to a point for
comer; Thence N. 24' 28' 37" E., 10.97 feet to a point for comer; Thence N. 43' 22' 40"
W., 52.34 feet to a point for comer; Thence N. 71' 08' 57" W., 96.56 feet to an iron rod for
comer on the said south line of Bethel School Road;
THENCE N. 77' 52' 25" E., 466.62 feet along the said south line of Bethel School
Road to an iron rod for comer, said point being in a curve to the right running in a
southerly direction and having a central angle of 31' 34' 02" a radius of 30.00 feet and a
chord bearing of S. 48' IT 26" E.;
THENCE along said curve, and continuing along the said southerly line of Bethel
School Road, 16.53 feet to the Point of Beginning and containing 2.144 acres (93,377 square
feet) of land.
EXHIBIT
95070
S~'AFE OF TEXAS COUN~ OF DAL~
APR 11 1905
COUNTY CLERK, Dallas County, Texas