Enclaves/FP-CS 950321HAND DELIVERED
KASI~iR & KRAGE, L.L.P.
ATTORNEYS AND COUNSELORS at LAW
2001 BRYan TOWER
SUITE 2?O0
DALLAS, TEXAS 75:~01-3059
214/969-7500
March 21, 1995
TELECOPIER
~i4/2 ~:o-o 23o
Robert L. Dillard, III, Esq.
Nichols, Jackson, Dillard, Hager
& Smith, L.L.P.
1800 Lincoln Plaza
500 North Akard Street
Dallas, Texas 75201
Re:
The Enclaves on the Parkway, a proposed addition to
the City of Coppell, Dallas County, Texas
Dear Mr. Dillard:
In connection with the development of The Enclaves on the Park-
way, you will find enclosed herewith a copy of the Declaration of Cove-
nants, Conditions and Restrictions for The Enclaves on the Parkway
(hereinafter called the "Declaration") that was filed for record with the
Dallas County Clerk on this date.
We will deliver a copy of the recorded Declaration to you as soon as
we receive it from the Dallas County Clerk.
Very truly yours,
Cyril D. Kasmir
CDK/dgh
Enclosure
CC:
Mr. David R. Blom
President
WPC - Parkway Development Corporation
{Via telecopier to 278-8187
[without enclosure] and regular mall
[with enclosure])
KA$1~IR & KRagE, L.L.P.
Robert L. Dillard, III, Esq.
March 21, 1995
Page 2
Mr. Jim Witt
City Manager
City of Coppell
(Via regular mail)
(With enclosure)
William A. Anderson, P.E.
Dowdey, Anderson and Associates, Inc.
(Via regular mail)
(With enclosure)
ws3 \ 1202
SPECIAL WARRANTY DEED
KASMIR & KRAGE, L.L.P.
PRELIMINARY DRAFT
DRAFT OF
STATE OF TEXAS §
COUNTY OF DALLAS §
KNOW ALL MEN BY THESE PRESENTS:
That PARKWAY/COPPELL PROPERTY CORPORATION, a Texas
corporation (hereinafter called the "Grantor"), for and in consideration of
the sum of Ten Dollars ($10.00) and other good and valuable considera-
tion paid to the Grantor by the CITY OF COPPELL, TEXAS (hereinafter
called the "Grantee"), whose address is 255 Parkway Boulevard in
Coppell, Dallas County, Texas 75019, the receipt and sufficiency of
which are hereby acknowledged, has GRANTED, SOLD and CONVEYED
and by these presents does hereby GRANT, SELL and CONVEY to the
Grantee, all of Lot 23 in Block A of The Enclaves on the Parkway, an
addition to the City of Coppell, Texas, according to the Final Plat thereof
recorded in Volume __, Page of the Plat Records of Dallas
County, Texas (hereinafter called the "Property").
This conveyance is expressly made subject to all matters of public
record that have been filed in the Deed Records of Dallas County, Texas,
as of the date of the execution of this Special Warranty Deed (hereinafter
collectively called the "Permitted Exceptions").
TO HAVE AND TO HOLD the Property, together with all and singu-
lar the rights and appurtenances thereto in any wise belonging including,
but not limited to, all right, title and interest of the Grantor in and to
adjacent streets, alleys and rights-of-way, to the Grantee and the
Grantee's successors and assigns forever. The Grantor does hereby bind
the Grantor and the Grantor's successors and assigns to WARRANT and
FOREVER DEFEND all and singular the Property to the Grantee and the
Grantee's successors and assigns against every person whomsoever
lawfully claiming or to claim the same or any part thereof, by, through or
under the 6rant0r, but not otherwise; subject, however, to the Permitted
Exceptions.
SPECIAL WARRANTY DEED - Page 1 of 2 Pages
CDK-ws4\772-03/02/95-02:31 PM
IN WITNESS WHEREOF, PARKWAY/COPPELL PROPERTY COR-
PORATION, the Grantor, has executed this Special Warranty Deed on
this the day of , 1995.
PARKWAY/COPPELL PROPERTY
CORPORATION
GRANTOR
BY:
DAVID R. BLOM
PRESIDENT
STATE OF TEXAS §
COUNTY OF DALLAS §
This Special Warranty Deed was acknowledged before me on this
the day of , 1995, by DAVID R. BLOM, the
President of PARKWAY/COPPELL PROPERTY CORPORATION, a Texas
corporation, on behalf of said corporation.
NOTARY PUBLIC STATE OF TEXAS
My Commission Expires:
(Print Name)
UPON RECORDATION RETURN TO:
SPECIAL WARRANTY DEED - Page 2 of 2 Pages
CDK-ws4\772-03/02/95-02:31 PM
ing:
RELEASE AGREEMENT
KASMIR & KRAGE, L.L.P.
PRELIMINARY DRAFT
This Release Agreement is entered into by and among the follow-
(1) CITY OF COPPELL, TEXAS (hereinafter called
the "City");
(2)
WPC - PARKWAY DEVELOPMENT CORPORA-
TION, a Texas corporation (hereinafter called the
"Developer");
(3)
(4)
PARKWAY/COPPELL PROPERTY CORPORA-
TION, a Texas corporation (hereinafter called the
"Channel Tract Owner"); and
HOMEOWNERS' ASSOCIATION OF THE
ENCLAVES ON THE PARKWAY, INC., a Texas
non-profit corporation (hereinafter called the
"Homeowners' Association").
The City, the Developer, the Channel Tract Owner and the Home-
owners' Association are hereinafter collectively referred to as the
"Parties".
WlTNESSETH:
WHEREAS, the Parties entered into that certain Development and
Maintenance Agreement effective as of the day of , 1995,
which was recorded in Volume __, Page __ of the Deed Records of
Dallas County, Texas (hereinafter called the "Development and Mainte-
nance Agreement"); and
WHEREAS, Section (13) of the Development and Maintenance
Agreement provides that "upon the completion of the Developer's obliga-
tions under this Development and Maintenance Agreement, the Parties
will execute and deliver to the Developer a release of this Development
and Maintenance Agreement in recordable form with respect only to Lots
1 through 21, inclusive, in Block A of the Single-Family Tract as shown
on the Final Plat"; and
WHEREAS, the Developer has completed all of the Developer's
obligations under the Development and Maintenance Agreement; and
WHEREAS, the Parties have agreed to release Lots 1 through 21,
inclusive, in Block A of The Enclaves on the Parkway, an addition to the
RELEASE AGREEMENT - Page 1 of 5 Pages
CDK-ws3\ 1070-03/02/95-02:37 PM
City, according to the Final Plat thereof recorded in Volume , Page
~ of the Plat Records of Dallas County, Texas (hereinafter collectively
called the "Lots");
NOW, THEREFORE, for and in consideration of the premises and
other good and valuable consideration, the receipt, sufficiency and
adequacy of which are hereby acknowledged, the Parties agree as follows:
(1) RECITALS. The foregoing recitals are true, correct and
complete, they constitute the basis for this Release Agreement and they
are incorporated into this Release Agreement for all purposes.
(2) RELEASE. The Parties hereby fully and finally release and
discharge the Lots from the Development and Maintenance Agreement
and any and all liability thereunder.
IN WITNESS WHEREOF, the CITY OF COPPELL, TEXAS, acting
under the authority of its governing body, has executed this Release
Agreement on this the __ day of , 1995, to be effective as of
the __ day of , 1995.
CITY OF COPPELL, TEXAS
BY:
NAME
TITLE
ATTEST:
NAME:
CITY SECRETARY
APPROVED AS TO FORM:
PETER G. SMITH
CITY ATTORNEY
RELEASE AGREEMENT - Page 2 of 5 Pages
CDK-ws3 \ 1070-03/02/95-02:36 PM
IN WITNESS WHEREOF, WPC - PARKWAY DEVELOPMENT COR-
PORATION, the Developer, has executed this Release Agreement on this
the ., 1995, to be effective as of the day of
day of
, 1995.
WPC - PARKWAY DEVELOPMENT
CORPORATION
DEVELOPER
BY:
DAVID R. BLOM
PRESIDENT
IN WITNESS WHEREOF, PARKWAY/COPPELL PROPERTY COR-
PORATION, the Channel Tract Owner, has executed this Release Agree-
, 1995, to be effective as of the __
__ day of
., 1995.
ment on this the
day of
PARKWAY/COPPELL PROPERTY
CORPORATION
CHANNEL TRACT OWNER
BY:
DAVID R. BLOM
PRESIDENT
executed this Release Agreement on this the __ day of
to be effective as of the __ day of ., 1995.
IN WITNESS WHEREOF, HOMEOWNERS' ASSOCIATION OF THE
ENCLAVES ON THE PARKWAY, INC., the Homeowners' Association, has
, 1995,
HOMEOWNERS' ASSOCIATION OF
THE ENCLAVES ON THE
PARKWAY, INC.
HOMEOWNERS' ASSOCIATION
BY:
DAVID R. BLOM
PRESIDENT
RELEASE AGREEMENT - Page 3 of 5 Pages
CDK-ws3\ 1070-03/02/95-02:37 PM
STATE OF TEXAS §
COUNTY OF DALLAS §
This Release Agreement was acknowledged before me on this the
day of , 1995, by , the
of the CITY OF COPPELL, TEXAS, on behalf of the
CITY OF COPPELL, TEXAS.
NOTARY PUBLIC STATE OF TEXAS
(Print Name)
My Commission Expires:
STATE OF TEXAS §
COUNTY OF DALLAS §
This Release Agreement was acknowledged before me on this the
day of , 1995, by DAVID R. BLOM, the President of
WPC - PARKWAY DEVELOPMENT CORPORATION, a Texas corporation,
on behalf of said corporation.
NOTARY PUBLIC STATE OF TEXAS
(Print Name)
My Commission Expires:
STATE OF TEXAS §
COUNTY OF DALLAS §
This Release Agreement was acknowledged before me on this the
day of ., 1995, by DAVID R. BLOM, the President of
PARKWAY/COPPELL PROPERTY CORPORATION, a Texas corporation,
on behalf of said corporation.
NOTARY PUBLIC STATE OF TEXAS
(Print Name)
My Commission Expires:
RELEASE AGREEMENT - Page 4 of 5 Pages
CDK-ws3\ 1070-03/02/95-02:37 PM
STATE OF TEXAS §
COUNTY OF DALLAS §
This Release Agreement was acknowledged before me on this the
__ day of , 1995, by DAVID R. BLOM, the President of
HOMEOWNERS' ASSOCIATION OF THE ENCLAVES ON THE PARKWAY,
INC., a Texas non-profit corporation, on behalf of said non-profit corpo-
ration.
My Commission Expires:
NOTARY PUBLIC STATE OF TEXAS
(Print Name)
UPON RECORDATION RETURN TO:
CYRIL D. KASMIR, ESQ.
KASMIR & KRAGE, L.L.P.
2001 BRYAN TOWER - SUITE 2700
DALLAS, TEXAS 75201-3059
RELEASE AGREEMENT - Page 5 of 5 Pages
CDK-ws3\ 1070-03/02/95-02:37 PM