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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 Developer's Agreement - Page 1 AGGO~EB 95070 0 512 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. Developer's Agreement - Page 2 AGG062EB 95O70 0L 513 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. Developer's Agreement - Page 3 AGG062EB 95070 Ot 5 ! 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 Developer's Agreement - Page 4 AGG062EB 95070 I 5 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 Developer's Agreement - Page 5 AGG062EB 95070 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 Developer's Agreement - Page 6 AGG062EB 95070 0 517 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