Heartz Road/PP-CN 880524THE STATE OF TEXAS
COUNTY OF DALLAS
PARTIAL ASSIGNMENT OF
CITY CONTRACT
W I TNE S SETH :
WHEREAS, heretofore on December 30, 1982, The Parks of
Coppell Joint Venture II ("Venture"), a Texas joint venture,
and the City of Coppell ("City"), a municipal corporation and
political subdivision of the State of Texas, entered into a
Contract of Sale (the "Original Contract"); and
WHEREAS, a true and correct copy of the Original Contract
is attached hereto as Exhibit A and incorporated herein by
reference for all purposes; and
WHEREAS, heretofore on January 27, 1987, Venture and City
entered into an Amendment to Contract of Sale (the 'Amendment")
amending the Original Contract in certain respects; and
WHEREAS, a true and correct copy of the Amendment is
attached hereto as Exhibit B and incorporated herein by
reference for all purposes; and
WHEREAS, the Original Contract, as amended by the
Amendment, shall hereinafter be referred to as the "City
Contract"; and
- WHEREAS, on the date hereof, Venture has sold and conveyed
to ABQ Development Corporation ("Company"), a New Mexico
corporation, those certain tracts of land described in
Exhibit C attached hereto and incorporated herein by reference
for all purposes (the "Company Tracts'), pursuant to that
certain Agreement to Sell and Purchase (the 'Sales Agreement")
between Venture, as seller, and Company, as purchaser; and
WHEREAS, the City Contract contains certain agreements by
City which may be of benefit to both the owner of the Company
Tracts and certain tracts of land still owned by Venture (the
"Venture Tracts"); and
WHEREAS, Venture has agreed to assign to Company certain of
the rights and/or benefits conferred by the City Contract
insofar as such rights and/or benefits pertain to the Company
Tracts;
NOW, THEREFORE, for and in consideration of the premises,
Venture and Company agree as follows:
1. Partial Assignment. Subject to the reservations
contained in paragraph 2 hereof, Venture hereby assigns to
Company all of. Venture's right, title and interest in and to
the rights and/or benefits conferred by the City Contract
insofar as such rights and/or benefits pertain to the Company
Tracts.
2. Reservations. Notwithstanding anything to the
contrary contained herein, Venture does not assign to Company,
and Venture hereby expressly reserves from the assignment
contained in paragraph 1 hereof, the following: (i) all of the
rights and/or benefits conferred by the City Contract insofar
as such rights and/or benefits pertain to land other than the
Company Tracts, including, without limitation, the Venture
Tracts; (ii) all rights to enforce the provisions of the City
Contract by which City is obligated to pay City's pro rata
share of road, utility and drainage costs for construction of
public facilities adjacent to City property covered by the City
Contract, including, without limitation, any such cost
participation paid by City related to Parkway Boulevard
construction west of Denton Tap Road (which shall be paid to
Venture, plus, any legal or other costs incurred by Venture in
enforcing the City Contract), provided, however, if City
approves the Planned Right-of-Way Location (as defined in the
Sales Agreement) or the Contract Right-of-Way Location (as
defined in the Sales Agreement) and the Escrow Amount (as
defined in the Sales Agreement) is funded to Venture pursuant
to subparagraph (f) of paragraph 8 of the Sales Agreement, then
Venture hereby grants Company the right to enforce the City
Contract in connection with matters relating to Parkway
Boulevard construction west of Denton Tap Road, but not
otherwise; (iii) all rights to seek and/or receive the payment
of any damages which may be payable by City to Venture for any
breach by City of the City Contract; and (iv) all rights to
seek and/or receive the Additional Purchase Price (as defined
in the City Contract) for the breach by City of the City
Contract.
3. Modification, Change, Amendment and Waiver. Company
shall not have the right to modify, change, amend or waive any
term or condition contained in the City Contract without the
prior written consent of Venture. Venture agrees that Venture
will not unreasonably withhold consent to any modification,
change, amendment or waiver proposed by Company if the same
does not affect rights and remedies afforded in the City
Contract insofar as such rights or remedies relate to land
other than the Company Tracts, including, without limitation,
the Venture Tracts, and with respect to the Company Tracts,
those rights and remedies reserved by Venture in paragraph 2
hereof.
4. Binding Effect. This Partial Assignment of City
Contract is binding upon and inures to the benefit of Venture
and Company and their respective successors and assigns.
EXECUTED as of the ~T~day of ~'~ "~ 1988.
VENTURE:
THE PARKS OF COPPELL JOINT VENTURE II
By
; iMichael R.'Allen -
Joint Venturer
By
By:
~-~n A. Hinc~ley
Joint Ven~rer /7
Joint . urer
The Stacy Suzanne Allen
Special Trust,
Joint Venturer
M~chael R.'Allen
Attorney-in-Fact
By:
The Christine Anne Allen
Special Trust,
Joint Venturer
By
Michael R. Allen
Attorney-in-Fact
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By:
The John Michael Allen
Special Trust,
Joint Venturer
By
M~chael R. Allen
Attorney-in-Fact
By:
The David Crittenden Allen
Special Trust,
Joint Venturer
By
M~chael ~. A"llen
Attorney-in-Fact
COMPANY:
ABQ DEVELOPMENT CORPORATION
Stan Strickman
Senior Vice President
4613S
t
EXHIBIT A
Original Contract
.OUN.. OF DALLAS )
THIS CCi?TRACT O? SALZ ["Agreement") is made by and
- (.,e .....
between the pARKS OF COO:~LL ~0i:;T .....
"Owner") and %he CiTY OF COPp~LL, a ...... lc..., ccr~cra%~oz and
oolitical subdivision of the State of Texas (hereinafter
ARTiCLZ i
DEF!::!TiONS
"Property" - The approximately 7f6 acres of land owned
by Owner located within the City, as more particularly
descrlDed in the attached Exhibit "A", which is incorporated
"Municipal Center Site" - The approximately $ acres of
land located within the Property, aa more particularly
descrlDed in the attached Exhibit 'B#, which is incorporated
"Park Site" - The approximately 164.9 acres of land
located within the Proper=y, as more particularly described in
the attached Zxhibit "C", which is incorporated herein by
reference.
"~oning Plan" - The zoning for the Property, approved
by the City Council of tko City On June 22, 1982, and evidenced
~%, Ordinance No. 204-A-!6, dao~d July 27, !982, as
~rtioularly set forth in the a~ached E::hibit "D", which is
~ncorporated herein by reference.
"~oning Ordinance" - Ordinance No. 204, as amended, as
adopted by the City of Coppe!l.
"Sub-Division Ordinance" - Ordinance No. 185, as
amended, as adopted by the C~ty of Coppell.
ARTICLE II
PURCHASE AND SALE
to purchase the Municipal Center Site and Phase ! (hereinafter
designated) o~ the Park Site, together with all and singular
the rights and appurtenances pertaining thereto, in accordance
Owner ia simultaneously granting to City options to purchase
the balance Of the Park Site (Phases II and III thereof
hereinafter designated) under separate option agreements of
even date herewith.
PUHCHAB~ ~..~--
A. Municipal Center Si=e. The p~rchase price for
the !-!unicipal Center Site shall be ?hree Hundred Sixty-One
Thousand Two Hundred Ninety-Two and No'!CC 5oiia~s
($36!,292.0C!. The number of gross square feet has ~een
~v C~tv to O~1~er on tnb Closing Date, as hereinafter ~:a '
i~ cas~ or by cashier's check payable to tko order cf Owner.
B. Psrk Site Phase I. The purchase price for Phase
Seven ..-ri.red':' ~ Fifty and NO/100 Dollars ($233,750.00) fez the
aomroxima~ely 51.34 acres designated "Phase I" on Exhibit
T~ Durchase mrice for Phase I Of the Park Bite shall ke ~aid
in c~sn or cy'cashier's check payable to the order of owner.
ARTICLE iV
_...D...ON. PRECEDENT TO OBLIGATIONB
BY OWNER
The obligation of Owner to consulate this Agreement
shall, a: the option of Owner, be subject to the following
cond:~iens precedent, any or all of which may be waived in
whole or in Dart Dy Owner in its sole discretion. It is
agreed, howe~er, that City shall perform any particular waived
condition following Closing upon Owner's reguest, any such item
being a covenant which shall survive ciosin9.
!. The zoning Plan shall be in full force and effect
on the Closing Date.
2. The City Council of the City shall continue to
a:ree that the proper interpretation of the Sub-Division
0~dinance with respect to the Property shall allow for the
Proper~y to be developed as follows, it being agreed that such
interpretation and the resulting application of the
Sub-Division Ordinance is the normal and reasonable course in
ligh~ of all relevant circumstances:
Ia) No perimeter alleys shall be required
between developments in different .zoning classifications;
Ih) Residential lots may front on Moore,
Deforest, Lodge, Heartz, Bandy Lake and Denton Tap Reads
and Parkway Boulevard, provided that rear access driveways
are provided for such lots;
(c) Moore, Deforest, Lodge and Heartz Roads and
Parkway Boulevard shall have sixty foo~ '(60') rights-of-way
with forty-four foot (44') wide paving, provided that
Parkway Boulevard shall be a divided thoroughfare f~om
Denton Tap Road to Heartz Road with two twenty-fou~ foot
(24') paving sec=ions in seventy-four feet (74') of
right-of-way;
(d) On Moore, Deforest, Heartz and Lodge Roads
and Parkway Bcu!evard, paving of only twenty-four feeu
(24') in width shall be required until such time as a final
~iat is filed cf record for the property on the opposite
side cf such road;
one hundred ~wenty foot (iLl'' :~C:~%s----..-..,
=r'be specially assessed for the COnStruct!on,
pa'.'~ng or draxning, of such roa2~;
!fi Sidewalks shall not be reguired to
........... d until such timo as a ....
:~) Funds
~=:hin the Property obtains final plat approval.
reviewed b'; the City on an indi~idua! basis for approval,
approx:mare south one-half ~i/2) of Tract 17 and tc
replaced with the plattin? of :he remainder of Tract
17.
(ii) Lodge Read adjacent to the west side of
and to be replaced with the platting Of Tract 9.
(iii) Moore Road adjacent to the west side Of
Tract !7 - to be deferred at the platting of Tract
and to be replaced with the platting Of Tract i0.
(iv) Deforest Road adjacent to the east side
15 and to be replaced a: the platting of Trac~ 4
(except for Parkway Boulevard right-of-way).
(v) Deforest Road adjacent to the east side
Of ~-..a.t~ 14 - to be deferred at the platting of Tract
14 and to be replaced with the platting of Tract 6
within the Property for any "replacement" ~r&ct
development potential as the tract for which it is
i~ch (~6"} diameter reinforced concrete pipe on the maximu~
available slope, as ~etermined by Owner's emgineers; where
i9 ?~h areas wiohin the Property;
(i) Consent to borrow from or fill ares£ within
any designated floodway w~ll not be unreascnabiy withheld
ny the City;
(j) The electrical distribution system shall be
carmltted to be overhead along Sandy Lake, 5entnn
Heart=, Moore, Lodge and Deforest Roads and :~" "
Boulevard and around the per,meter of each separatei?
numbered zoning tract; within each separately numbered
coning tract, the electrical distribusion systsm shall be
~nderground except as provided above;
{k) Filing of a final plat for an area shall
constitute acceptance by the City of the streets for
maintenance within such areas. Zt is agreed, however, that
Cuter and City shall not cause to be filed any
a~rcved plat until such streets have been constructed in
a~o~:-c~ with the city specifications and accepted ty the
-~-.. -~ Co~peil for maintenance as provided in the
5J~division Ordinance.
~!) The one-time Park Fee normally imposed by
the 2i%y stall apply to the Property, provided, however,
~nv Park Fee o: similar charge imposed by the City stall
~o% exceed Five Hundred Dollars ($500.00) for any net acre
w~tnin the Property not conveyed to City pursuans hereto.
Proceeds of any such fee shall be used by City either to
make payments on the Note or to develop the Park Site. Any
such ~ee due by Owner with respect to the first phase cf
development by Owner within the Property shall be payable
at such time as Owner receives final approval of its secon~
pla: submitted for an area within the Property; and
(m) Owner shall not be required to build water
and sanitary sewer lines with the construction of ParKway
Boulevard. Those lines to be located in the Parkway
Boulevard right-of-way shall be constructed when and as
those tracts adjacent to Parkway Boulevard are developed.
3. The City Council of the City shall have taken
appropriate steps, including the adoption of such Ordinances,
if any should be necessary, in order that:
(a) Owner will not be required to participate
any manner in the construction of an extension of 5:core
Road north of the floodway line.
(b) The City will have abandoned Lodge
along the southern boundary of Tract 9 as shown on
Zoning Plan;
(c) The City will have approved a master
drainage plan for the Property prepared by Threadgil!-Dowd':'
· & Associates, Inc., which will include the location of any
fill or borrow areas needed for restoration of mined areas
and the location of any berm =hat may be proposed to be
constructed;
(d) The City will have granted its consent to
the use of fill or borrow areas located on the park Site or
elsewhere as may be specified by Threadgill-Dowdy &
Associates, Inc.; and
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The City '
ARTICLE
ADDITIONAL A~REE~
In consideration of the mutual undertakings se: :ut in
this Article V, and as additional consideration for the
~urchase and sale of the Municipal Center Site and said
~, and tho granting of the options referenced in Article
above, Lwner and City covenant and agree as follows, it
understood that such covenants and agreements are normal and
rear$na~le prov~sions in light of all the circumstances:
!. The City shall pay its pro rata share of all
uri!ities, paving, culverts, bridges, drainage, and other
actual costs of improvements constructed adjacent te or
that benefit the Municipal Center Site or Park Site.
Attached as Exhibit "E" is a preliminary estimate ky
Thrsadg:!i-Dowdy & Associates, !nc., consulting engineers,
cf City's pro rata (see items A, C and D thereof) sh~re cf
Parkway Boulevard adjacent to the Municipal Center Site, it
be~n~ agreed that actual costs may vary substantiai!~' from
5xh~t E. City'S pro rata share shall be payable wit!%in
fifteen (15) days after certification from Owner's engineer
that al! such improvements or parts thereof have been
c~mc!eted :e the standards of the City of Coppell or
c$n~truction draws have been appropriately certified.
Owner agrees that City may construct the north one-half cf
Fsrkway Boulevard adjacent to the Park Site subsequent to
Owner's construction of the South one-half of Parkway
Boulevard, and City agrees to complete construction of the
North one-half of Parkway Blvd. no later than three (3)
years following closing. AIl street rights-of-way around
~he perimeter of such sites shall be located one-half on
such sites. The City shall dedicate such rights-of-way on
or before the written request of Owner to City.
2. The City will not unreasonably deny permits
requested by Owner for the burning of vegetation, brush,
and trees cleared from the Property.
3. In areas of the Property zoned Multi-Family
2 in accordance with the Zoning Plan, a courtyard area and
swimming pool for the private use of the occupants of those
projects will be provided:
4. A merchants' association with agreement of
Owner, shall maintain any landscaping adjacen~ to the
~roposed Main Street as shown on the Zoning Plan for a
period of tan (10) years after construction of Main Street
commences~ provided that such area shall be dedicated to
the public, that the City will make water for such
maintenance purposes available free of any and all char~es,
cost or expense, and that the City will be responsible for
maintenance after such ten (10) year period;
5. If the City should ever act to dissolve or
acquire the assets of the Coppel! Municipal Utility
District NO. 1 ("CMUD"), it will assume and make payment,
at maturity, of any outstanding Bond Anticipation Notes
issued to Owns; by such utility district and honor any
-5-
6. The Municipal Center Site and ~.~
shall be used by the City in accord with the zonln? cf
C_., shall nsf
,os under the Zoning Plan ~"'~ the
th9 %oning Plan with respect tc Such slues. Ail u2~ and
rlan amorovai by anv architecture! .... ," board
%~mi!a~'bsard, establishe~ for areas within the ~JcTprt
zflscent to ~he 5%unicipa! Center Site.
7. Owner acquired the Property for investment
~urooses and desires to maintain an investment in real
~st~te fe!lowlng conveyance of the relevant parts of tko
Property to City. To this end, Owner desires to effect s
~:< deferred, like-kind exchange pursuant to Section 103!
of tbs internal Revenue Code of !954, as amended, and in
o~nnection therewith, City agrees to cooperate wi~h Owner
~o long as City shall not become subject to monetary
oollgations or monetary liabilities greater than those
:ontained in ~his Contract, and Owner does hereby indemnify
and hold City harmless from and against any and al!
liability arising under, resulting from or in connection
with the exchange contemplated by Owner. without limiting
Owner's general rights as herein stated, Owner shall have
~ertain specific rights to effect an exchange transaction
under this Contract. At any time before the Closing Date,
Owner shall have the right to elect to make this an
exchange transaction rather than a sale transaction by
riving City written notice to that afloat. If Owner elects
{o make this an exchange transaction, City shall ~a~e a
toad faith effort to purchase, on terms and conditions
~easonably determined by Owner, one or more parcels of rea!
~roperty to be designated by Seller (the "Exchange
Property"). Any contract City may enter into for the
Exchange Property shall be freely assignable to Owner,
without consent, by City and shall provide that City has no
liability thereunder except for any earnest money which may
be required to be deposited thereunder. In the event the
seller of the Exchange Property alleges any default
thereunder, City will have the right to assign, and Owner
will assume and release City from any obligations and
liabilities arising under the contract for the Exchange
Property, in which event an amount equal to the amount of
any earnest money deposited Dy City for the purchase of tke
Exchange Property shall be immediately paid by Owner to
City. The total cost (inoluding prorations and normal
closing costs) to City of acquiring and holding the
Exchange Property shall not exceed the applicable purchase
prices as set forth herein. On the Closing Date, City
shall transfer the Exchange Property to Owner hy Special
Warranty Deed in exchange for those portions of the
Property to be conveyed pursuant hereto and shall remit any
portion of such purchase prices which was not expended in
acquiring or holding the Exchange Property. In the event
that the Exchange Property has not been located on the
Closing Date, Owner may elect to convey the appropriate
portions of the Property to City pursuant to a deferred
"~tarker" exchange. In ~uch event, Owner, on the C!osin~
-6-
Date, shall convey or cause such ?crt:ams cf =he Property
to be conveyed to City, ~nd al! or Fart =~ .... ·
ourchase orions at Owner's option, snail te applied ~n
~onnection with such deferred exchange to acquire the
Exchange Property on such basis as O'.~ner ma~' direct.
~. City acknowledges that the Park S~%e and
. =cqu~... in an undeveloped
M~nicipal Center Site are heine ~ '
~%atus and are within cdc !00 year Ficod Plain ~s
established Dy the Federal Emergency Managemen~
and/or the U.S. Ccrp of Engineers and are subject ts
inundation of water from time to time. Cit'? agrees us use
all excavation material from the Par~ Site (except
msrzetable gravel deposits) firs~ for filling areas cf the
Park S~te and Municipal Center Si~e as designated by Owner
from time t9 time. Owner shall have the right to select in
~s sole disoretien the method cf future ~ood con~ro! to
be utilized on the Property (whether by fill, ~e?ee system,
cra com~ination thereof or any other feasible method) and
City agrees that its flood control method employed for the
Park Site and Municipal Center Site shall be conslstent
with the method used for the Property as determined
Owner.
9. Owner agrees to construct Parkway Boulevard
from Denton Top Road to Heartz Road, and to commence such
construction within one (1) ,fear Of Closing.
10. City agrees to build, at its cost, a sixteen
inch (!~") water line along tho east side of Denton Tap
Road from Sandy Lake Road to Par~way Boulevard to provide
water service to the Park Site and Municipal Center Site,
and City ag=eeo to complete construction of such water
prior to Owner's completion of utilities to be constructed
in Parkway Boulevard as required by parsgrsph 9 ir~ediately
above. A mre!iminary estimate of the cost of suck water
line is se% ~
.o .... in item B of Exhibit E attached hereto.
ARTICLE VI
SURVEYS
The Owner has delivered to City, at its cost,
perimeter surveys of the Municipal Center Site and Phases Z, II
and i~I of the Park Site. Such surveys, which are acceptable
to City, state the gross number of square feet in the Municipal
Center Site and the gross number of acres in each of Phase I,
II and III of the Park Site, ~ncluding certain areas te he
dedicated by the City as rights-of-way pursuant to Article V
above. If the closing of the purchase of such sites fails to
occur for any reason, the City shall promptly reimburse Owner
for the cost of suc~ surveys.
ARTICLE VI!
MOQIFICATION OF LIENS
The obligation of Owner to consummate this Agreement
is expressly subject to Owner obtainin~ modifications of the
release provisions contained in thc Deeds of Trust affecting
the Municipal Center Site ~nd Park Site satisfactory to it in
erder that it can convey such sites in accordance with this
Agreement. Owner shall uae ali reasonable effort to obtain
such modifications.
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~eTi~- Viii
TIT~E ~C'riCY
Nithin fifteen (15) days after City executes
delivers this Aoreement, Owner, at Owner's sole cost and
expezse, snell 6ause to De delivered to City an Owner'~
Folicv Cc-~-°n~' {hereinafter the "Commitment") issue~ bv.
Chlca~o T~%!e insurance Commany .~.~ Bryan Tower, Dallas,
Texas (herelnafter the "Title Company") and accompanied
...t~..e. COmi~s of al! recorded documents re!arima to
restr:ctlons, easements and other matters affecting
!.~unicltal Center Site and Phase I cf the Park Site. Cit',' shall
clue C,.;n~r wrltten notice on Or before the expiration of '
~2) Js'='s after it receives the Commitment and said copies cf
documents, Lf any encumarances listed in the Commitment are not
satlsfactorv to City. In the event City gives notice that any
encumorances are not sa:isfacto=y, Owner may undertake to
eliminate or modify all such unacceptable matters to the
reasonable satlsfaction of City. in the event Cwner is unat!e
w ..... n one (!] day after receipt of such
or unwilling to do so
written notice, City may, a% its option, terminate this
Aareement, in which event neither party hereto shall have any
· ,~:-n=- obligation or liability hereunder. ~f such notice
not ~iven Dy City to O%:ner, the encumbrances shall be deemed
be acceptable and any obeection thereto shall be deemed to ue
~got~..ns.an¢.ng anything herein to
waived for al! purposes. ' ' ~' '
the contrary, existing deed of trust liens and utility
easerents =,,al, not be the subject of objection by City.
A~TICLE IX
CLOSING
The closing shall be held at the office Of the Title
Company at 10:00 A.~. on December 31, 1982, unless held upon an
earlier date agreed upon by City and Owner (the "Closing
On the Closing Date, Owner shall:
1. Deliver to City duly executed and acknowledged
Special Warranty Deeds in forms attached hereto as Exhibits -- ,
- and- for the Municipal Center Site and Phase I of the
Park Site, e~ch conveying good and marketable title in fee
those approved by City;
2. Cause to be issued to City an Owner's Title
On the Closing Date, City shall pay in cash the
General real estate taxes for the then current year
Site shall be prorated as of the Closing Date and shall ~e
adjusted in cash on the Closing Date. If the Closing Date
year, the apportionment of taxes shall be upon the basis cf the
%ax rate for the then preceding year applied to the latest
-8-
assessed valuation. If the Title Company has not mede a f~nal
determination of the ad valorem tar.res dug, thP~ %w'~i
remain oOligated to pay the Correct and final taxes
closing.
Other Costs of closin~ and consummating the sale and
purchase shall be borne and paid as follows:
Owner's Title Pelicy shall be obtained and paid
(a)
by Owner;
Escrow fee, if any, shall be paid by City;
Filing Fees shall be paid by City; and
Owner and City shall each pay their own
attorneys' fees.
ARTICLE X
CONT?:UINC AGREEM£NT
The agreements and covenants sst forth in this
A:ree~ent are prospectlve in nature and shall not be merged
i~to the closing of the conveyances contemplated, but shall
survive such Closing. The City acknowledges that the Owner
intends to retain and develop for purposes of leasing to
tenan=s and for inves%ment the balance of the Property not
be conveyed to City pursuant hereto Or the aforementioned
option agreements a~d that consequently the Owner would not
have agreed to sell the Municipal Center Site and Phase i of
the Park Site but for the agreements contained in this
Agreement, including without limitation, the provisions of
Articles IV and V and this Article X. Therefore, City here~y
agrees that it will not, without the written consent of Owner
or the owner of the part of the Property that would be
affected, through the adoption of new or amended ordinances or
any other method,' deny or alter Owner's right, and the right of
subsecuent owners of any part of the Property, to develop the
Property in accordance with the Zoning Plan, the continuing
interpretation of the Sub-Division Ordinance, and the
agreements contained in Articles IV and V hereof, and to
enforce any other agreements made by the City, for a twenty
(20) year period commencing on the date of execution of this
A=reement by Owner. Should the City do so, or directly or
i~directly act or fail to act in a manner which would impair
the position or rights of Owner contemplated by this Artlc!e X,
Owner shall have the right to repurchase Phase ! of the Park
Si~e for an amoun~ equal to the purchase price paid by City to
Owner, which right shall be set forth in the Special Warranty
Deed to be delivered by Owner pursuant to Article IX
hereinebove and in a short form recordabls memorandum cf
Contract of Sale to be executed and delivered at Closing
form satisfactory ~o Owner.
ART!CL~ XI
BREAC~ BY
If Owner fails fully and timely to perform any of its
o~ligations hereunder or fails to consummate the sale of the
~unicipal Center Site and Phase I of the Pa~k Site for any
reason, except City's default hereunder, or City or Owner's
termination of this Agreement pursuant to the terms hereof,
City's sole remedy is to enforce specific performance of this
Agreement.
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ARTICLE
BREACH ~Y
If City shall fail to consum, nate the purchase of the
~unicipal Center Site and Phase i of the Par~ Site, the
conditions to City's obligation have been satisfied and City
being in default and Owner not in default hereunder, Owner as
its sple remedy may enforce specific performance of the City's
ooligations hereunder, except that Owner shall not have a ::ght
to enforce specific performance to require the City to purchase
all or any part of the Municipal Center Site or Phase I cf rna
Park Site.
ARTICLE XIIi
MISCZLLANEOU$
Parties Bound
This Agreement shall be binding upon and shall inure
to the benefit of the parties hereto and their respective
heirs, execut:rs, admxnistrators, successors and assipns,
including all owners Of any part of the Property.
Prior Aareements Suoerseded
This Agreement and the aforementioned option
agreements of even date herewith, constitute the sole and only
agreements of the parties hereto and supersede all prior
understandings and written or oral agreements between the
parties respecting the within subjec~ matter.
Time of the Essence
Time is of the essence Of this Agreement.
EXECUTED AND DELIVERED
By City on /~.-~(D , 1982
Attest: ., t
EXECUTED AND DELIVERED
Owner On /?/~' , 1982
PARKS OF COPPELL JOINT
VENTURE ti
~iaa~ging Venturer
-10-
-:~er 63S. Dallas County, Texas, the S.B.R. & C.R.=. Co. S~rv=", Abstract ~:~=~ct 2~00
· ;as County, Texas, the ~m. A. Triable Survey, Abstract Humber 1268, Del[as ~ount?, Text..
..riot Humber 1268, Denton County, Texas, the he[rs of Gl[bert C. Woolsey Survey, A~str:-
:bet [0&2. Dallas County, Texas, the Alfred Logsdon Survey. Abstract Humber 783. Dallas
:;nty, Texan0 the Stbered Henderson Survey, Abstract Humber 629. Dallas County. Texas. t
~rtada Squires Survey, Abstract Number 1327. Dallas County, Texas, the S.A. & ~.G.R.R.
~at 69&. Dallas County, Texas; snd beth8 more particularly described aa fo[toys:
'~G 161.33S acres o[ ~and situated tn the said George ~. Jack Survey, :~e s3~d S.A.'&
· ;.R.R. Survey. and the said Clarinda Squires Survey and bern& s portion of that
-..ct e! lane sa described tn deed from Good ~[nancta[ Cot~. to ~- Douslaa Ad&ins, T=ust~'
recorded in Volu~s 76188, Pass 23~5, Deed Records, Dallas County~ Texas and being
.~crtbed as fcllovs:
..~CIHG at the centetline intersection of Denton Tap Road, ~tth Sandy La~e Road;
:~:~rrH. 03 de~rees 18 ~tnutes 58 seconds ~est, vtth the Centerltne of Denton Tap Road
~CE NO[ degree O0 =inures 58 seconds West, ~th said center[the, [355.27 feet[
"[~ S S8 des:ess 59 ~nutes 02 seconds ~est. ~0.00 feet to the point of
· ~d point [ytnS on the ~est rt&ht-of-vay ~tne of said Denton Tap Road, and beths the
· ~theast cornet of a tract of [and as described by deed to Cl[[ton K. ~cGrav, tn Vot~e
:~&. Page [705, Deed Records. Dallas County. Texas;
":[~ S 89 de&tees 09 ~tnutes 37 seconds ~est. ~th the ~otth line o~ said ~:Gtav
;:~ S 00 de,tees 50 e~nutes 23 seconds ~st. vith the &est line o~ said ~cGtav tract.
'.~S 89 de,tees 09 ~nutes 3~ seconds ~est. ~th the Hotth line of a tract of land
:~ described by deed to Billy R. Houston, ~n VoluM 72156, Fame 2335, Deed Records.
~uu~, Texas. 156.29 feet;
~ S 00 degrees 50 ainutes 23 seconds ~st, ~th the Vest lane o~ said Houston
.t~ of land as desc:tbed tn Volu~e 7006a, ?ese l&lS, ~ed ~cords. Oallas ~unt7, Te~
~sc~bed by deed to Oel~a ~eatte ~rpotatioa. tn Volume 7006&. PaSs 1615, ~ed Recot
.zl~s ~u~t7. Texas. 1276.91 feet;
.'h~[ S 89 de,reel 27 minutes O7 seconds West. ~th a fence lLne. 291.20 feet~
~ 87 de&tees 35 m~nuteS 08 aecond~ &est, vt:h said ~ence ~tne. ~200.aO
· ~CE X 87 de&tees 0a ~tnutes 59 seconds &est, ~th geld ~ence line, 2aa.90 ~eet to a .
:o~t ~ the ~it rester27 line of said S.A. & H.G.LR~
~cz R 02 Settee ~7 mLnutes 53 seconds ~est. ~th a ~ence 2~ne 2520.00 (eot to a
~e centet~tne o~ Denton Cteek~
~th :he ~anders of the Gala centerline of DentOn Ctee:~, the ~ollo~.~K S 67 de&tees 02 ~nute~ Q3 seconds ~st. 67.30 feet;
S 8[ de&Tees 23 ~nuteo 23 seconds ~st, 55.70 ~ect;
S 57 de&tees ~l ~nutes 53 secoa~ ~st, ~9.60
S 3~ ~estees Gl ~r.]-~s 2~ seconds ~st. lOl.)0 feet;
S ?: de,tees S6 minutes 23 seconds
S 82 deKrees 26 u.~nutes 23 seconds
S Sg'desrees 39 minutes 23 seconds Est,
S 85 deSreei 21 minutes 23 seconds
~ ?& desrees 39 u.~nutes 37 ~econds ~s~,
S S0 6eG~ees 0~ ~nu~es 23 seconds
~ )7 de,tees 3t ~nuces 23 seconds ~s~,
S ~7 ~e~rees 1~ ~nutes 23 seconds
S 7~ ~eGrees ~ ~nu~es 23 seconds
N 88 degrees 18 ~nu~es 37 seconds
of ray l~ne of gen~ou Tap
160.?0 Leer;
69.70 feet;
262.00 feet;
222.00 feet;
211.75 feet;
102.50 feetl
91.00 feet;
196.7& feet;
ll0.00 feet;
136.00 feet;
170.00 feetl
550.00 feet;
272.00 feet;
560.00 feet;
50.83 feet to s point on the Said ~est t -
rlLDI¢£ ~rith the said Vest rlSht-of-vay line, the foil·ring five courses:
$ O0 destees 51 n~tnutes 58 seconds East, 3&1.82 feet to the be$1nni~$ of a curve to
rij~t vith · radius of 5669.70 feet and · central shale of 02 delrees 53 minutes
00 second·;
T.~¢E Southerly v~th said curve, 285.52 feet to t~e end o~ said curve;
T:t.rIqCE S O0 eelzees 37 u~uzes )~ eec·sds ~es~, 16~.90 fee~;
T~C~ S 06 ~eGzees t9 ~nu~es 20 seconds ~es~, 32~,88 feeZ~
~ S 01 desree 00 ~nutes SS seconds ~st. 1~67.36 feet to tb ps,ut of
cofltatfltn~ · St·ss area of 7,027.887 square feet or ~61.338 acres, of
BEIHG S93.839 acre· of land sitaated in the said S.A. S ~.G.R.R. SurveT. thesaid
Squires Sur~e7, the said heirs of Gilbert C. go·lacy Survey~ the said Sibeted Renders:
S~rveyo the said Al£ted Lo~$don Survey, the said ~an. A. Ttt~b~e SurvOT, the said B.B.
tract of land an described in said deed from Good Financial Co~p., to N. ~ou~las Adk~
Trustee, tn Volume 76~88, Page 2355, ~eed Records, Oallas ~unt7, Taxa2 and
described as follY:
C~CING &t the said centezline intersection of Den(~ TAp ~ad and Sdndy ~ke
~ H 03 desrees ~8 ninnies 58 seconds gust, ~ith the centetlifle o~ ·aid ~enton
~C~ N 86 ~egrees il ~nutes 02 seconds ~st, S0.O0 feet to the point of
point lyini on the ~st right-of-raY line o~ said ~enton Tap
~CE ~ch the said ~st tight-of'vel line of Denton Tap ~ad~ the follovini nine c.
H 03 deirees lB minutes 5B seconds gear, 139.20 feet to the belifln!~°i a cu~e to .
ri&ht vith a radius si 5679,70 feet and a central an&lc of 02 desrees ~8
00 seconds;
Td~CE HortherlT, ~th said cu~e to the Fi~htt 227.96 feet to the end of ~aid
right ~ s radius o~ ~6~9.?0 feet e~d a centrs~ --~" =.
':iSKC£ ~ortherly, vith said c~rve to the right, ~C~.6~ fee~ to ~..~ ~ .... ~ =aid ¢~;=;
'~NCE N 02 degrees 01 m~nu~s 02 seconds East, 2~.&O feet[
,1£~C£ N 07 degrees &3 minutes ~0 seconds East, 100.50 feet;
.E~C! N 02 flegrees 01 ~inute 02 seconds ~st, 551.90 feet ~o ~he be[lnn!n~ si ~ c~e t:
left ~th [ radius si 5789.70 feet and s centr~l angle of 02 de~ree= 5) =inures O0 s
K~C[ ~orlherly, vith said curve to the left, 291.36 feet to the end of s=Id curvel
:~CE S O0 de~rees 51 ~n=tes 58 seconds ~est, 3~2.~ feet to a point In the centerline
:i~aE ~=h =he ~=nders of the said center1Ine of Denton Creek, the relieving courses:
S 79 des:ess 07 ~n=tes 25 seconds ~st la7.77 feetl
degrees
de&tees
~esrees
degrees
degrees
52 =inures 35 seconds East.
~2 minutes )~ seconds East
N 77 degrees 07 minutes 25 seconds East
K 27 degrees 07 minutes 25 seconds East
K 72 degrees 07 minutes 25 seconds East
171.67 feet;
160.00 feet;
185.00 feet;
600.00 feet;
]&O.O0 feet;
300.00 feet;
380.00 feet;
180.00 feet;
S 55 de&tees 52 minutes 35 seconds East 171.70 feet;
~ENC£ S 00 degrees 52 uinutes 35 seconds East, 71.61 feet to n point on the South ~onk
. said Oenton Creek[
~EHC£ v~th the meanders of said South bank of Denton Creek, the follovtn~ coucsee~
N 85 degrees 51 ~tnutes 39 seconds East. 32&.7& feet;
~ 7& degrees ll od. mutes 59 seconds East
N 60 degrees 13 ~d. nutes$& seconds East
# 67 degrees 26 minutes l& seconds East
S 88 degrees 37 minutes ~6 seconds East
S 81 degrees ~9 minutes Il seconds East
S 89 degrees 55 minutes &l seconds East,
e 70 deirees 2S~tnutes 5a seconds East.
W 56 degrees ~7 ~Loutes 59 seconds East,
H 65 degrees &! uttnutes ~9 seconds East,
P &3 degrees &3 ~nutes 29 seconds East.
175.00 feet;
255.30 feet[
185.00 feet;
75.90 feet;
lg~.2~ feet;
112.55 feet;
75.45 feet~
~76.70 feet[
X52.20 feet;
~$.$0 feet[
X 23 degrees 37 ~ttnutee 2~ seconds Fast, iAO.&O feet;
N al degrees && minutes 0! second Vest. 69.90 feet;
N 20 degrees 2~ m~utes 39 seconds East, 153.00 feet;
g 69 degcees 58 minutes 21 seconds East, 102.00 feet;
S 87 delrees 01 ~d. nute ~ seconds hot, 131.00 feet;
H 73 de~rees 01 ~nute 39 seconds East, 101.00 feet;
~ 63 degrees &6 minutes 39 seconds East, lO0.O0 feet;
H &O degrees 21 m~flutes
S 06 degrees )X ~nutes
~ O& deg:ees
H 30 degrees
H 22 degrees
H 2S ~egrees
39 seconds East,
39 seconds East,
39 seconds East,
3! ~nutes 39 seconds East,
70.00 feet;
82.00 feet;
124.00 feet;
191.00 feet;
342.00 feet;
31 ~nutes 3g seconds East, 281.O0 feet;
O1 ~nute 39 seconds East, 150.00 feet;
H 37 degrees 51 ~Lnutee
N 75 degrees 06 minutes
-~£~CE ~ 26 degrees 35 minutes
60.00 feet;
C~E~CE S 6~ degrees 2& -~.nutes
~L~¢~ S 26 degrees 3) ur, nates
~enk of Denton Creek;
seconds East. 165.OO feet;
seconds East. 61.00 feet;
39 seconds East. leaving said South hank of Denton tree':
21 seconds East. 2OO.OO feet;
39 seconds ~est. 175.00 feet to a point on the said Sou'
S 75 degrees 39 ninnies 21 seconds Eaet, 2&l. O0 feet;
R 71 degrees 21 ~nutes 39 seconds East. 280.00 feet;
8 86 de;fees O1 ~tnute 3~ seconds East, 8~,00 feet to a point on the ~est line
Creek Bend Estates, in addition to the City of Coppell, Texas, es filed in Cabl~c
B, PiSs 52, Deed Records, Denton County, Texas;
TH~HCE S 01 de~ree 02 uioutee ~8 seconds East, vtth said ~est line of Creek ~nd Eats:
900.t5 feet to a point be/n~ the Northeast co~et o[a ~ract o~ land-for
is recorded Lu Vol~e 775, PaSs 93, ~ed Records, Dallas ~unW, Tarsi
~:E S 88 de~rees 57 minutes 02 seconds ~est, leivi~ said Vest l~ne and
line of said lt~t station tract, 100.00 feet to tzs ~rzhvest corner;
~CE S 01 de~ree 02 ninnies 58 seconds hat, aloes aY est line of said left statio~
tract. 100.00 feet;
~HC~ N 58 de~ees 57 ~nutes 02 seconds ~st, alonE.a South line of said lt~t stat~
tract, 60.00
~C~ SOl detree 02 ~inute~ 58 seconds ~st, aloes 8 gest line o[ said lift station
tract. 13~.00
~C~ H 88 de,tees 57 ~nu~es 02 seconds ~t, along South line o[ said l~f~ statt:r
&O.0O ~eet to 8 point being the Southeast co~er of said lt~t station and the Scuthv.:
co,et of said Ctee~ bn~ Estates;
~C~ N 88 de&tees 56 uLnutes 02 seconds ~st. alon~ the Sooth line
~states. 9~.23 feet to I point tn the ~est l~e of Deforest
~HCZ S O1 deltas 13 ~nuteS 06 seconds hat, ~th ~Ld gest lice of
1660.98 fee:;
S 61 degrees 58 ~inutes 21 seconds East. 1OO.00 feet;
S 68 de,tees 18 ~Lnutee 21 seconds East, 150.00 feet;
~d~¢~ vtth the ~eendets of the said South hank of Denton Creek the follovinl courses:
S 60 degrees 33 minutes 21 seconds East, 1~9.00 feet;
d Records. Dallas County, Texas;
.i~C£ $ 88 delrees 28 n~nutes 39 seconds Vest. v~.:h said North line, 290.S5 feet to the
Volu~e ~01. Pose 972. Deed Necords, Dallas County, Texas;
.S.10 feet;
· & £. Co:~anyo Inc.. as described l~ Votvne 79009, Pose &33, Deed Records. Dallas
.:act, 1&19.$3 feet;
~NC£ ~ 88 detrees 3& minutes 5& seconds r~st. vith the South l~ne of said J. & £.
;~ru~. Jr.. ns ~escr~bed tn Vol~e 21G30 Pose 595, ~ed ~ecords, ~allas County.
.153.29 feet Lo s point on the said North l~ne of Sand~ ~ke ~oad; -
~C~ S 88 debases 28 ~nutes 22 seconds Vest,.~th t~e said North ~$fle of Seud~
~oad, 677.68
;savaged to Sh~=l~ A. Harpold. es described Sa Volume 77~6. PaSs 627, Deed
~;orth l~nl or Sa~7 ~h ~oed;
~HCE 5 89 deicees 11 minu~es ~9 seconds Vest, ~Ch seed Horth l~ne o~ S~nd7 ~ke Roe,:
770.8t feet to the ~st Southeast co,er o~ · tract of land conveyed to V. A.
as described ~ Vol~ G74~, Pale 618, ~ee~ ~ecocds, Dallas ~u~ty, Texas;
~C~ H ~0 det~ees ~6 u~fl~ces 39 secou~s Vest, ~th the ~st l~ne of sa~d Ott~n~ec ~:.
l~.79 feet;
TH~CE S 89 ~e~rees 03 c~nu~es 11 seconds Vest, ~th t~e Hor~h l~e o~ s~d
trsct~ 173.00 feet;
~CZ S 00 degrees 56 :~nu~es 19 secon~s ~st, ~th t~e ~est l~ne og ~a~ Ot~eF
251.79 feet to a point ~ the said North line oi SAndy ~%e Road;
~ S 88 de,tees 12 ninu~es 38 secondo Vest, ~th the said North l~ne o[ S=ndy
~ad, ~79.66 feet;
IIG~"I I IFOil are~ O! 2S0167.&2] eq~aze fcet or ~95.$)~ acres al 2and.
:¢ · 10.965 acrs tract of land eftuated In the said S. X. J~·tt Suave7 end be~ul s poz~
bd~ certain tract of la~d conveyed to H. ~ou$laa Ad~lne, Trusses. aa described by
re¢~rdd~ S~ Volume 763~8, ~'l' 23~5, ~ead ~acorda. Z)i~las County, Texas, and
23 feet to L~e molt Son,heist corner of 4 trice Of 21~ conveyed to hrblFI S.
.licr~bed by Deed recorded Ln ~ol~ 78069. Ya~t 0568, hsd Records, Oil~il County,
~W desk·es
::lO f,:~ 5~ ~n~,., &6 ,,conds ~est. v,th the
to t~e ~st Southvester~y co~ner of I trice Of lind conveyed to the
~,ty, Texas;
:'~ SOl de&Fee 29 ~nutes 00 seconds bat. ~th the sa~d Vest l~n, of Deforest
4, 633.91 feet to the point of bel~nS iud coflti~nSnS ~77,655 o?are feet of laud,
10.965 Acres of land.
:v.,hC~ CS$C~IPTION
~°:£ :~ ~nd e radius Of $~?g,Tg :~:'' Ti~ence along said curve
:~.- .~.45 feet to the PO~;~ DF ...... ~
'~ENCE !(.S2°57C2"E., 241.25 feet :o the beginning Of e curve to the ief'
~v~: a central eno!e cf 17°05'31" and a radius of i050.OO feet;
:':,":,m_,.. along s~U c;rve, 313.3E feet to :he end of said curve;
~r:N~c S.1°02'58"E., 671,41 feet to a point for corner;
S.8 ........ 550,00 feet to a point for corner;
h.1 .,0 ~ .. 624.g9 feet to the Point of Beg~nning.an:
PHASE :
..... . ..... ~ an§ie of ?~3'~" =n~ a Fedids of .¢~9.~0 feet; T~e~ce e!t~
c~ve ~E.3~ feet ~ *~- end of said .... ~- Thence ~.u 37 3. W.,
..: .~ ~ ,,., ~21.8~ feet; Thence S.itOC~''E., .z.u~ feet to a point for
-~E'IC~ 5.57¢2~ ~ ~. !ea'.'~ng the said west !'-: of Denton l~ ~cad, =
7~E!;CE ~1. 11 ~, ~., 54.43 feet to a
T:~,.r[ N.~43'22"W., 535.17 feet t~ a point fDr corner;
T~£:¢J~E ~.41°lO'Sl"W., 11S.77 feet t~ a point for corner;
¢¢- ~ · S.89°39'23"~. 37.22 feet; Thence S.B3°£1'23"E., 211.7~ ~ -' T~ecce
. :-:z?,-~,,r 102.5D feet; T~ence h.?- 3. 3y £. 91.00 feet; T~ence ' '°
196.7~ feet; Thence ~:.50~28'37"E-, li2.O0 feet; Thence S.77~01'23"E., '~ *' fee'
' ° ' "., ,.et, .,.~£ ,2.
Thence S.z~ O1 23 E i70.00 ~ . Tkence S.37°11'2~"E., 550.00 feet; Thence
¢.57:ii'23"E., 272.0~ feet; Thence S.?l°11~23''£., 3~0.00 feet; Thence *' ~ ~ '~'
~C.$~ feet to the Point of ~ecinnin~ and c~ntaini~o 5!.343 acres cf
t: "" ]ce ~d Ce!C Storage Co. end recg-ced in \elude 65654, Pate
T~?;~E alon~ sci: curve El! ~? feet :: tre end of said cur',e;
rec!~s '~ JJ-2,il feet aha e ~ngent bearing of
:a,~: a central angle or !S vv ~. and a radius of 600.09 feet;
T~E~<CE alone the said east line of ~'~' -
cistance~; N,2'DI'O2"E., 38B.~6 fe~: t~ the :eginn~ng of a curve tc
navin~ a central an~le cf 753'00" aha a r~iuS cf 57B9.70 feet; Thence
curve Z91.36 feet to the end of said curve: Thence i~.D°Sl'58"W.,
BC'UNgARY .-.:'.-: r .,.' ,
::.,,~ a tract cf 16nd situated in the ~, .ac Lo,soon h..
.,~s...c. ': 1327 and ;he Heirs of c~'.~.- C. '"'
."- ~ Squires Survey, '" ": ' .. ·
~ -.~. .::strect ~: .... 2 in the City cf Socpei;, Callas an: ~e,,.~..
: part Of a trJCt of lard as cescriDed in teed from Soo: F'nay. c!a' '
.,. -~..^i · gdk~ns, Trustee. as recor:ed in Ve!ume 7A~BS, ~age ":' of the Cee:
~ .... < :~ C~ilas County, Texas and being more particularly cescri:aC es
.:.,~..,J at e point or intersection af the east ilre of Denton Tap
~r:a:ie ,;dth right-of-way) with the center!~ne of 0enton Creek, said ' '
':'~c cfa m.~ southerly southwest 'm'"~r ~ a tract of land eS descri:e~
re.. ~:o in ¥olu~ 65.9,, Pace i-:: c~ the
Cee: qec:-:s :f Callas Count)', Texas; Ti~en:~ along the said centeri:re of
....... o · Ih7?0?'!E"E. i~?.F7 feet; Thence N.~8 jl 2~[.,
:- · , ....~7 25 E., .:0.0g ' ' T~ence S.61 5~ :~ .., l&~.GO ,e_., -~.~:
.... .,.~ ~. ~ .. 340.00 feet; Thence :~.77°C7
S.E5:SS :~':., 600.gO feet; TSer:e" q:Al^'"r ,
..... ..... t.~, 07 ...... 9~.~. feet; Thence N.72°07'25"~. 1OD.DO feet
Tnen:e $.55:52'35"E., iTl.TO feet: Thence S.0°52'35:E., ?l.61 feet to the
T~EKCE continuing along the said centeriine of Denton Creek and the
line ~f the Pure ice eno Cold Storaae Co. tract the following courses aec cista°
.. ::~:~.::,.r 326.74 feet; Thence N.?4°ii'~g"E., ,~.00 feet; Thence ,,.o~ ,.
25L)C fe~; Thence H.67°26'ii'lE., iS5.00 feet; Thence S.BS"37'46"E., 7~
Thence S.$l'i9'll"E., ig5.25 feet; Thence S.89°55'41"E., i12.55 feet; ?~ence
~1 ~°IS~JlE., )5.~5 feet; Thence ;I.b: 17 :g E. i76.70 feet; Thence ~1.65:41'i~
152.2C feet; Thence N.¢3~aO'2g'lE., t!5.30 feet; Thence N.23°3?'24"E., i~.iC fee
,.41 -~ O1 ~. ~..0
Thence ' °~ .... ~-- ~ ~ feet; Tkence ):.20°Cl'Cg"E., 1S3.0O feet; Thence
S.6g:5g'Zl"E., 50.74 feet to a point for corner;
cente ...e of Denton Creek and the said south
T~Et;CE leaving the said - ~n ' -
t~e Cure ice end Cold Storage Co. tract, SOUTH, 1552.34 feet to pole: for cot-er -=r,-r S.87~44'42"W., 327.95 feet to a point for corner;
T=E?;C£ SObffH, 787.26 feet to a point for corner in a curve to tbs 'e~t :'.'-
in a northwester y direction and having a central angle of 28°24'05" a
!ggC,.CO feet and a tangent ~ear~ng of ,.:l ,3 5J W.,
-' :''m along said curve ~41.$3 ~ '
beginning of another curve to t~e left having a central angle of 14°22'2g''
raoiua of 2200.00 feet;
T~Ei<CE along said curve 555.53 feet to the end of said curve;
r:nu: :~.0 5~ 35 ~., lJ~..6- feet co the Point of Beginning aec
COPPELL, TEXAS
===================== i.:.:.:.
:-:':',',~:E:~-'::.;i:' '...,
THREADGILL-DOWD~Y & AS$OCAT~S
OctoPer 25, ..o2
!~. Mike Allen
tnqvest Ccrooration
5~S0 LBJ Freeway, Suite 22B
3allas, Texas, 75240
Re: The Parks of Coppell
City Participation
;ear Hike:
Enclosed'~'s e tabulation cf t,qe estimated Uevelopment cost
connected with the proposeU M~nicipai Center and a sketch relating
the same items.
I hooe this data will be helpful to you.
DMD/djl
encl.
Very truly ycurs,
4UNICfPAL
THE PARKS OF
COPPELL
SANDY LAKE ROAD
SCHEMATIC SKETCH
M'UNIC1PAL CENTER
COPPELL . TEXAS
OC'I'OBER . ~982 ,~,'0 SCALE
=. iTF~ES ~,:JAC?~T TO ...... AL C .....~ ....
:uU~: VA~u f22'
5~5 k.;. - 10" Se~er Pipe
1 Ea. 4I Cia. Nannoie ~ 1250,00 !,250.Ct
J0 C.Y. 2sck EmbeGment ~ 20.00 " B~C.C0
L.S. ~sc.
TOTAL
CT% PA:.T - 52Z
1 'Ca. 16" Valve ~ 2200.00
0.2 Tons Fitt~n.es ~ 1800.00
L.S. ;q~SC. ~ 500.00 · ECS.gO
TOTAL
CITY PART
4. STORM SEWER (ESTIMATED 36' .IA)..,.R)
555 L.F. 36" RmC.P. B S 40.00 = S22,OtC-CO
1 Ea. - 10' Curo lnlet 0 1500.00 · 1,500.;0
90 C.Y. - Sand Embeo~qt ~ 10.00 SOO CO
TOTAL ~
CITY PART - 5C':
B. 16" WATER Lil;E - BDiT0~I TAP ROA2
72,3C3.$C
2,650 L.F. 16" ~ater
$Ea, 16" Valves ~ 2200.00 : 6,6C2.0C
9.5 Tons - Fittin~
lO0 L.F. Bore, Case & Furnish
12" ~ater ~ipe
I Ea. - 12" valve
2OC C,Y. - San0 Emoea~ent ~ lC.C0 2,CCC.gO
: Ea. - t l/2' Blow-C
Assemblies
TOTAL
.<¢,CCC.CC.
SI':,~CG.:C
COST
P;.'!NS ;PARKWAY = '/..}n
~.'~ i-~" t.;ATER LiNE ( ~;R<~.:AY :.,~ .....
4. S~0RM SEWER (PARKWAY BLVD.
..... R (DENTON" ~2AD
6. M.U.D. CHARGES
7, [I;Gi~EERiNG
TOTAL
6,525.Ct
12,?C$.CO
, 67,900.0C
9,0OO.C~
: 12.O0~.CO
SPECIAL WAR~.TY DE£D
STAT.= CF
.~.~OW ALL ~:EN SY THESE FKESE~:TS:
CO?.:TY CF DALLAS
IF-CT THE PARKS OF COPPELL JDINT VENTURE II (herein the
"Grantor'~), for and in considera~lon cf the sum of TEN A::D
DOLLAK$ ($10.00) and other valuable consideration to the un!ersignad
pa~d by THE CITY OF CCPPELL, a municipal corporation and political
subdlv'-s~on of ~he State of Texas (hereln the "Grantee"), the
and eufficien:y of which is herebV acknowledged, has GRANTED, SOLD
and CT:C.'EYED, and by these presents does GRANT, SELL and CONV~Y unto
the Gran~es, whose address is P. O. 5ox 478, Ccppell, Texas 75019,
Atten~_=cn: Andrew Brown, Mayor, all of ~hat real property situated in
Dal~a-= Coun'.y, Texas, described in Exhibit "A" attached hereto and
made a part hereof together with any i--provements thereon (herein the
"Proper :y ).
TO F.%VE ~ TO HOLD the Property, together with all and singular
=he rights and appurtenances thereto 1n anywise belonging unto the
Grantee, its successors and assigns forever, and Grantor does hereby
bind itself and its successors and assigns to WARPJ%NT AND FOREVER
DEFEND all and singular the Property unto the Grantee, its succes$ora
and assigns, against every person whomsoever lawfully claiming or to
claim the same or any part thereof, by, through and under Gran~or but
not otherwise.
This conveyance is made and accepted subject to those matters
set forth on Exhibit "B" attached hereto and made · part hereof for
al% purposes, and to the restrictions se~ forth on Exhibit "C"
attached hereto and made a part hereof for al~ purposes. By
acceptance of this conveyance and as par~ of the conside=a~ion
therefor, Grantee, it~ successors and assigns, do covenant and agree
and sha~-i be obligated and bound to -=bide by and oomply with each and
every provision of said restrictions, which are covenants running
with the Property.
SPECIAL WARRA~TY D~'~D MUNICIPAL SITE.
EXECUTED ANDDELIVERED thxe _ day of December, 1982.
THE FARKS OF CGFPELL JOINT VENTURE
By:
Mlchael R. Allen, .Joint Venturer
By:
Glen A. Hin.kley, Joint Venturer
By:
John B. Kldd, Join= Venturer
THE STATE OF TEXAS )
)
CO'JNTY OF DALLAS )
This instrument was acknowledged before me on the __day of
December, 1782, by MICHAEL R. ALLEN, a Joxnt Venturer of THE PARKS OF
COFPELL JOINT VENTURE II, on behalf of sald joint venture.
Notary Public
My Commission Expires:
THE STATE OF TEXAS
COUNTY OF DALLAS
This instrument was acknowledged before me on the __day of
December. 1982, by GLEN A. HINCKLEY. a Joint Venturer of THE PARKS OF
COPPELL JOINT VENTURE II, on behalf of said joint venture.
Notary Publlc
My Commission Expires:
T~E STATE OF TEXAS
COUNTY OF DALLAS
This instrument was acknowledged before me on the __day of
Dc:ember. 1982, by JO.~5~ B. KIDD, a Joint Venturer of THE PARKS OF
COPPELL JOINT VENTURE II, on behalf of sa~d joint venture.
Notary Public
Xy Cot.fission Expires:
SPECIAL WARRANTY ~FD MUNICIPAL SITE
PROPERTY DESCRIPTION FOR MUNICIPAL SITE
).IUNIC IPAL SITE
BOU~;DARY DESCRIPIlON
~EING a tract of land situated in the S.A. & M.G.R.R, Survey, Abstract
!4o. 1430 in the City of Coppell, Dallas County, Texas, and also being part
a tract of land as described in deed from Good Financial Corp. to M. Douglas
Adkins, Trustee, as recorded in Volume 76188, Page 2355 of the teed Records
~f Dallas County, Texas and being more particularly described as follows:
CG~ENCING at a point of intersection of the east line of Canton Tap
Road ( a variable width right-of-way) with the center)ina of Dentcn Creek,
of
.~d point also being the most southerly southwest corner of a tract
as described by deed to Pure Ice and Cold Storage Co. and recorded in
65694, Page 1496 of the Deed Records of Dallas County, Texas;
THENCE along the said east line of Denton Tap Road the following course
and distances: S.0°51'5B''W., 342.88 feet to the beginning of a curve to the
right having a central angle of 2°53'00'' and a radius of 5789.70 feet; Thane-
along said curve 291.36 feet to the end of said curve; Thence
5bl.90 feet; Thence S.7°43'40"W., lO0.SO feet; Thence S.2°01'02"W., 248.40
feet to the beginning of a curve to the left having a central angle of
0046'50" and a radius of 5679.70 feet; Thence along said curve 77.39 feet tc
e~d of said curve; Thence N.88°Sg'02''E., leaving said east line of Denton
Road, 40B.4B feet to the POINT OF BEGIIIHING;
li:ENCE N.DB°Sg'O2"E., 241,26 feet to the begi,,~l~g ~f a curve to the le
having a central angle of 17°06'O1'' and a radius of lOSO.O0 feet;
THENCE along said curve, 313.3B feet to the end of said curve;
THENCE S.1°00'58"E., 671.41 feet to a point for corner;
THENCE S.88°59'02''14., 550.00 feet to a point for corner;
THENCE N.leO0'S8''W., 624.99 feet to the Point of Beginning-and contain:
348,480 square feet or 8.000 acres of land.
E.XHI 5IT "B"
P~RMITTED EXCEPTIONS FOR ~.~JNICIPAL SITE
1. ~asement in instrument dated ~lovem~er 4, 1938, f~!ed
December 12, 1938 and recorded :n Volume 2109, page 4~3 ~eed ~ecor~=,
Dallas C~unty, Texas for eleotrlcal i;nes, etc. and right-of-way from
j.W. Thweat% an~ wale, BeXieT.kweat% to T P & L Company.
" Rights of the oublic and ~e State Of Texas in and to the
unln~rupted flow of t~e waters of the Cotto~%wood Branch and all
other creeks and streams tranemers~ng the Property.
RESTRICTIONS
".. The Property shall be improved, occupled and used only for
municipal purposes, including, but not limited to, the construotion
of a c:ty hall, municipal center, public library and/or police
station, but excluding specifically a fire station Or jail. It is
not, and shall not be deemed to be, a dedication of the Property to
2. The restrictions se= forth above (the "Restrictions")
sba1! affect all of the Property shall run with the Property, and
shall e~:~st and be bznding upon Grantee and all persons claiming
under Grantee for a period of ..f~Y (50) years from the date of filing
of %his conveyance. The Res%fictions are made solely for the benefit
~er...ltude$ upon ad]oinlng !and for the benefit of ad]oinin~
lando~'ners. ~rantor and Grantee, jointly but not severally, reserve
unto ,..e. s__ves the r=ght, from time =o time without the joinder by
any al-oln~ng landowner, to revoke or amend the Restric=ions by
-'r:tt-~, ~ !nstrumen: duly acknowledged and recorded in the Deed Records
not a~9!y for any zoning change for all or any part of the Property
~hail have the r~ght to enforce the Restrictions by any proceeding ~.
law or l.n equity including, but not limited to, the right to enjoin
any attempted or acuual violation of th~ Restrictions.
STATE OF T~XA$
C~UNTY OF -~AL~A$
KNOW ALL MEN BY THESE PRESENTS:
TF.~T THE PARKS OF COPPELL JOINT VENTURE II (here:n the
"~r~n~or"), for and in ¢onsilera~ion of the sum o~ TEN AND NO/lO0
2~LAKS ($i0.00) and othe~ va!uabla consideration to the undersigned
paid ~y THE CiTY OF CCFPELL, a municzpa! corporation and political
subd;vle~sn of the State of Texas (herein the "Grantee"), the receipt
and surf:clancy of which is hereby acknowledged, has GFu%NTED, SOLD
and CCN','EYED, and by these presents does G~ANT, SELL and CONVMY unto
%he Grzntee, whose address ls P. O. ~=x 478, Coppell, Texas, 75019,
Dall~s County, Texas, described :n E~A%lbit "A" attached hereto and
TO HAVE AND TO HOLD the property, together with all and singular
the rights and appurtenances thereto in anywise belonging unto the
Grantee, its successors and assigns forever, and Grantor does hereby
bind itself and its successors and assigns to WARRAN~ AND FOREVER
DEFEND all and singular the Property unto the Grantee, its successors
and assigns, against every person whomsoever lawfully claiming or to
claim the same or any part thereof, by, through an4 under Grantor but '
This conveyance is made and accepted sub~ect to those matters
set forth on Exhibit "B" attached hereto and made a part hereof for
attached here~o and made a part hereof for all purposes. By
and shall be obligated and bound to abide by and comply with each and
every provision of said restrictions, which are covenants running
with the Property.
SPECIAL WARP, ANTY tEED ~%%$E I-A
EXECUTED A}~DELIVERED thls__day of December, 1982.
THE PARKS OF COPPELL JOINT VENTURE
By;
M~chael R. Allen, Joint Venturer
Glen A. Ninckley, Joint Venturer
By:
John B. Kidd, Joint Venturer
THE STATE OF TE~%$ )
)
COL%:TY OF DALLAS )
This instrument was acknowledged before me on the __day of
December, 1982 , by MICHAEL R. ALLEN, a Joint Venturer of THE ~ARKS OF
CTPPELL JOINT'iENTURE II, on behalf of said joint venture.
Notary Public
My Ce~.~ssion Expires:
THE STATE OF TEXAS )
)
COUNTY OF DALLAS )
Thie instrument was acknowledged before me on the__day cf
December, 1982, by GLEN A. H!NCKLEY, a Joint Venturer of THE PAR~S OF
COPPELL JOINT VENTURE XX, on behalf of said joint venture..
.~Io tary Public
My Cor~ission Expires:
SPECIAL WARRANTY D~FD pHASE I-A AND P~%SE
TH'K $~ATE OF TEXAS
¢0~T¥ OP DALLAS
Thls lnstrument was acknowledged before me on the_____ day of
Decsr~er, !982, by JOH~ B. KIDD, a Joint Venturer of THE ~ARKS CF
COPPELL JOINT VENTURE II, on behalf of said joint venture.
Notary Pub%i¢
M'.~.Cc--'ssion ..... Expires:
SPECIAL WARRANTY DEED PHASE I-A AND PHASE I-B
~-XHiDIT "A"
DESCRiPTiON F?P, PHASE I - .~ Z:NS PHAS~ i - ~
,n. Clarinda Squires c ,o, '~
.~ ~ tract of land situate~ in ~'~
fy_7 :r;~ t-e B.A. & M.G.R.R. Survey .... ,t;~...~o. 14J0 in ti.a City of
Lailas County, Texas and also being 9art of a tract of l:rl as des-
~q deed :r¢~! S:ad Financial Corp. to M. ~,~ugl~s Adkins, Trl:stee, as
,~., in Volume 76188, Page 2355 of the D~ed Records of ~allas County,
ao~ being more partic=larly described as follows:
:,~ , a~ a ~oint of intersection of tme ~.~est line of Canton Tap Rca~
.~r:able width rignt-of-'.',ay) ~.:ith the centerline of Denton Creek, said
to Jack Lively recorded in Volu~ 426, Page 510 of the Deed Records of
~:~.~ty, Tc.,as; Thence with the said line of Denton Tap Road
55 C., 4g.64 feet to the POINT OF 5EGINN|r1G;
ThE!,C£ continuing along said line of Denton Tap Rcad S.O°51'a&"E.,
5nd a radius of 56E9.70 feet; Thence along said curve ~o~.~2 feet ts
of said curve; Thence S.0~37'34''~L, 161.g9 feel; Thence
f~et; Thence ..1 O0 .~ E ..... 05 feet to a point for corner;
$!~E!,CE S.B/~21'35"W., leaving the sa~d west line of Denton Tap Roe~,
,r~ N.lell'53"W., 64.43 feet to a point for corner;
T!.E';CE N.35~2g'~6''W., 19~.05 feet to a point for corner;
;>El;CC N.4e43'22"~!., 536.17 feet to a point for corner;
I~?;CE th57°00'34"~., 1226.37 f=et to the Point of Beginning and containi'
acres of land.
?~!ASE I - B
5OU~DARY DESCRIPTION
BEING a tract of land situated in the Clarinda Squires Survey, Abstract
NO. 1327 and the B.A. & M.S.R.R. Survey, Abstract No. 1430 in the City of
Cc~ppell, Dallas County, Texas and also being part of a tract of land as des-
cribed in deed from Good Financial Corp. to M.Douglas Adkios, Trustee, as
recorded in ¥olun:e 76188, Page 2355 of the Deed Records of Dallas County,
Texas and being more particularly described as follows:
~EGI~(NING at a point of intersection of the ~est line of Denton Tap Road
(a variable width right-of-t.ay) with the centerline Of Denton Creek, said pelt:
also being the most southerly southeast corner of a 'tact of land as describee
by deed to Jack Lively recorded in ¥olu~ 426, Page 510 of the Deed Records of
Callas County, Texas;
THENCE along the said west line of Denton Tap Road S.0~5!'58"E., 49.64
feet to a point for corner;
TH£rlC£ $.57°~0'34''N.· l~aving said llne of ~enton Tap Road, 1226.37 f~et
to a point for corner;
THENCE N.4l°lO'B1''W., )15.77 feet to a point for corner;
-!<EXCE N.gl~lO'51''~-, 835.30 feet to a point for corner;
THENCE N.5$°4g'Og"E., £53.25 feet to a point for corner in said centerllr
of Canton Creek;
.(:,CE with s~id cen~erline of Denton Creek the following courses and
distances: S.3Z°)1123"E., 339.70 feet; Thence S.57°11'23"E., 272.00 feet;
S.Tl~ll'23"E., g40.OO feet; Thence N.B$°lS'37'E., 50.83 feet to the Point of
~eginning and containing 21.250 acres of land.
pE~MITT£D EXCEPTIONS FOR P~ASE I-A A~D PHASE I-B
Rlshto of the public end the State of Texas ~fl and to the uninterrupted flay
of the waters of the Cottonwood Branch and all other creeks and stream
trsnsmersinI subject property; over. across end throush property to be ~n-
outed.
Kase~ent ~n dnstr~ent doted June 3. 1975 end recorded tu VoJ~e ?$1&2. paso
1272 Deed Records, Dallas County, Texas for oever louse eec frou Good
Financial Carp to Coppell Municipal Utility District #o.1. (Affects Pbxae
I-A only)
~4se~ent in ~netru~ent dated November &. 1938. filed Dooeuber 12, 1038 and
recorded in Voluue 2109, pose &63 Deed Records, Dallao Conner, Texas for
electrical lines, eec end rISht-of-way frou J. ~. Thweott and wife. Sells
~ve~tt tO ? P & L, Go.any.
~ese~ent In tnstrunent dated June 23. 1955. filed July 12, 1955 and recorded
In Volume &300o pose 358 Deed Records, Dlllel County, Trial for chen~ll
easement iron Floyd A. Horu~n to the County of Dallas. (A~fects Phase I-A
ooly)
~-ee=e~t in Instrument doted Ausust 15, 1978. filed April 13. 1979 ~nd re-
corded in Volume 7907~, paso 99 Deed Records. Dallas County, Texas for
utility easement fr~ H. Douglas Adki~s, Trustee to tho City of Coppell.
(A~fecte Phase 1-S only)
E~4IBIT "C~
R£$TR!CTION$
1. The Property shall be improved, occupied and used only as a
public park primarily for use by res=dents of The City of Coppell. I=
:s agreed and understood, however, that the foregoing res=fictions
are not, and shall not be deemed to be, a dedication of the Property
=o the public.
2. The restrictions set forth above (the "Restrictions")
shall affect all of the Property, shall run with the Property, and
shall exist and be binding upon Grantee and all persons c!aimin~
under Gran~ee for a per=od of fifty (50) years from the date of filing
cf this conveyance. The Restrictions are made solely for the benefit
cf Gram=or and are not intended to create mutual or reciprocal
servitudes upon adjoining land for the benefit of adjoining
landowners. Oran=or and Grantee, jointly but not severally, reserve
unt~ themselves the right, from time to time without the ]cinder by
any ad]o=nlng !an0owner, =o revoke or amend the Res~ric~!ons by
~r:t=en =nstrument duly acknowledged and recorded in the Deed Records
of Della~ County, Texas. Grantee, i~s successors and assigns, shall
no~ agply for any zonzn9 change for all or any par~ of the Property
shall have the right to enforce the Restrictions by any proceeding a~
law or in equity including, but not limited =o, ~he right ~o enjoin
SPECIAL WARRANTY DEED
THE STATE OF TE:C%S §
§ KNOW ALL MEN BY THESE PRESENTS:
COD~TY CF DALLAS
THAT THE FA~d<S OF COPPELL 3OINT VENTURE II (hers~n the
"$rantcr"), for and in consideration of the sum Of TE~ A:,:D NO
DO..~.n: ($10.00) an~ other valuable consideration to the undereigne~
paid by THE CITY CF COPPELL, a municipal corporation and political
~b~. _s.cn of the State of Texms (herein the "Gran~ee") the
and sufficiency of which is hereby acknowledged, has ~P~/%FrED,
and CC~f,:EYED, end by ~heee presents doe~ GRANT, SELL and CONVEY unto
the Grantee, ~hose address is P. O. Box 478, Coppell, Texas, 75019,
Attention: '~'"~' 5town, Mayor, all of that real property situated in
Dallas County, Texas, described in Exhibit "A" at%ached hereto and'
ma~e a par~ hereof together wmth any improvements thereon (herein the
TO HAVE ~N~ TO HOLD the Property, ~ogether with aXX and singular
~he rigk%~ and appurtenances thereto in anywise belonging unto
Orantee, ~te successors and assmgns forever, and Grantor does here~y
bind itself and its eucceseors and assigns to WAP~ A~4D
~EFE~ all and ein.cular the Property unto the Gran~ee, its succeseere
and assigns, agamnst every person whomsoever lawfully claiming er
c!amm ~he same or ~ny pert thereof, by, through and under ~ranter but
not otherwise.
This conveyanJe is made and accepted subject to those matters
set forth on E~hibit "B" attached hereto &n~ made a part hereof for
all purposes, and to the restrictions set forth on Exhibit
attached hereto and made a part hereof for slx purposes. By
acceptance of this conveyance and as part of the consideration
therefor, Grantee, its succeesors and assigns, do covenant and agree
and shall be obliFa=ed and bound to abide by and comply with eech and
every provielon of sald restrictions, which are covenants
wmth the Property-
EXECUTED AND DELIVERED this __ day of D¢ce:.:~r, i?.:2.
THE PARKS OF COPPELL JOINT VENTURE II
By:
Michael R. Allen, Joznt Venturer
By:
Glen A. H~nckley, Joint Venturer
By:
John B. Kidd, Joint Venturer
-='- --:-' = OF TEXAS §
§
CCU::TY OF DALLAS §
Th:$ ...s..ument was acknowledged before me on the day of
Deter, bet, 1982 , by MICHAEL R. ALLEN, a Joint Venturer of THE PARKS OF
~£FPELL JOINT ~7ENTURE II, on behalf of said join~ venture.
Notary Public
THE STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on the__day of
December, 1982, by GLEN A. HINCKLEY, a Joint Venturer of THE PARKS OF
COPPELL JOINT VENTURE II, on behalf of said joint venture.
Notary Public
SPECIAL WARRANTY DEED PHASE
THE STAT-- eF TEXAS §
COUNTY OF DALLAS §
This ins=~ment was acknowledged before me on the day of
December, 1982, by JO~N B. KIDD, a 3oint Venturer of THE PARKS OF
COPPELL JOINT VENTURE II, on behalf of said join~ venture.
Notary Public
SPECIAL WARRANTY DEED PRASE ' C
EXHIBIT "A"
PROPERTY DESCRIPTION FOR PHASE I - C
P~qASE I - C
60UNCARY DESCRIPT!O~I
~E!);G a tract of lard situated in the Clarinda Squires Survey, Abstract
No. 1327 in the City of Coppeli, Dallas County, Texas and also being part cf
a t~'act of land as described in d~od from Good Financial Corp. to 14. Couglas
:~kins, Trustee, as recorded in Volu:~ /6188, Page 2355 of the Deed Records
of Dallas County, Texas and being more particularly described as follows:
CO;qMENCING at a point of intersection of the west line of Denton Tap
(a ~ariable width right-of-way) with the centerline of Denton Creek, saiU pein,
also being the most southerly southeast corner of a tract of land as oescribed
ty ,:eeo to Jack Lively recorded in Volu~ 426, Page 510 of the Deed Records of
Dallas County, Texas; Thence along said centerline of Denton Creek the follcw~:~
eou,'ses an~ Uistances; S.85°18'371'W., 50.83 feet; Thence N.?l°ll'23"W.,
'ee:; Thence N.57°ll'23"W., 272.00 feet; Thence N.37°ll'23"W., 339.70 feet to
t~e POI~;T OF BEG1NI(ING;
THENCE S.58°dg'09"W., leaving said centerline of Denton ~reek 853.2~ feet
to a point for corner;
C2~NCE N.31°)O'51"W., 631.66 feet to a point for corner on the centerline
of sai~ ~enton Creek;
Th?;CE along the said centerline of Denton Creek the following courses an,
dist,~,ces; s.$g°39'23"E., 37.22 feet; Thence S.B3°21'25"E., 211.75 feet; Thane
N.2]:~2'37"E., 102.50 feet; Thence N.74°39'37"B., 91.00 feet; Thence N.¢3°O0'3,
196.74 feet; Thence N,60°28'37"E., IlO.OD feet; Thence S.77~01'23"E., 135.00
feet; Thence S,50°01'23"E., 170.00 feet; Thence S.37~1)'23"£., 210,20 feet to
the Point of Beginning and containing 6.843 acres of land.
EXHIBIT #B'
PERMITTED EXCEPTIONS FOR PN~SE Z-C
A. ]tights of the public end the State of Tcx~s in end to the uninterrupted flor
of the riSerS of the Cottonvood Branch and ell other creslks end streets
tr&~.s~ersinB subject proper~yl over, across sad throuBh property to be in-
sured. (Ruoa throush property, could effect ell tracts of the propertl to be
insured),
B. tise~nt in inltrt~ent dated Nov~ber *. 1938, filed December 12, 1938 and
recorded lu Volu~t 2109, psis 163 ~ed ~ecords, D~llas Courtly, Te~ f~r
electricil lines, eec 8nd r/~ht-of~s~ fr~ J. ~. ~eitt lad ~fe. ~elle
~vestt ~oT P i L, Co~uy.
~. bseuen~ in l~tr~ni dated AuS~st 15, 1978, filed ~rll 13, 1970 o~ r~
corded In Vo2uue 79071, pose 99 Deed Records, DslIso ~unty, Tens for
(~fecte ~as, lei only)
E~'~IBIT
RESTRICTIONS
1. The Property shall be improved, occupied and used only as a
public park primarily for use by residents of The City of Coppell.
~s agreed and understood, however, that the foregoing restrictions
are not, and shall not be deemed to be, a dedication of the Property
to ~he public.
2. The restrictions set forth above (the "Restrictionsm)
shall affect all of the Property, shall run with the Property, and
shall exxs~ and be binding upon Grantee and all persons claiming
under Oran~ee for aperiod of fifty (SO) years from the date of filing
of th:s conveyance. ~'~.e Restrictions are made solely for the benefit
o~ Grantor and are no~ intended to create mutual or reciprocal
~ervxtudes upon adjoining land for the benefit of adjoining
lan~:wners. Grantor and Grantee, jointly but not severally, reserve
unto themselves the right, from time to time without ~he joinder by
~ny a~yc~nmng landowner, ~o revoke or amend the Restrictions by
written :ns~rumen~ duly acknowledged and recorded in the Deed Records
cf Dallas County, Texas. Grantee, i~s successors amd assigns, shall
nc~ apply for any zoning change ~or all or any part of the Property
wxthou~ firs~ obtaining Grantor's written consent thereto. Oran~or
shall have the right to enforce ~he Restrictions by any proceeding et
law or in equity including, but not limited to, the right to enjoin
any attempted or actual violation of the Restrict~ona.
EXHIBIT B
Amendment to Contract of Sale
AMENDMENT TO CONTP. .CT OF
This Amendment to Contract of Sale ("Amendment") is ~ade
and entered into as of the* ~]~7~ day of January, 1~87, hy and
between the Parks of Coppell Joint Venture II ('Owner'), a
Texas }oint venture, and the City of CoppeL1 ("City"), a
municipal corporation and political subdivision of the State of
Texas,
WHEREAS, heretofore on December 30, 1982, Owner and City
entered into a Contract of Sale (the *Agreement"), pursuant to
which Owner agreed to sell to City, and City agreed to purchase
from Owner, a Municipal Center Site (herein so called) and
Phase I of the Park Site (herein so called); and
called) and Phase III of the Park Site (herein so called); and
WHEREAS, the Municipal Center Site, Phase I of the Park
Site, Phase II of the Park Site and Phase II! of the Park Site
are described by metes and bounds in Exhibits A, B, C and D,
respectively, attached hereto; and
WHEREAS, pursuant to the Agreement and the option covering
Phase II of the Park Site. the City acquired: (i) the
Municipal Center Site on December 30, 1982, for s total
purchase price of $351,292.00; (ii) Phase I of the Park Site on
December 30, 1982, for a total purchase price of $233,750.00;
and (£ii) Phase II of the Park Site on March 14, 1986, for a
total purchase price of $388,800.00; and
WHEREAS, certain appraisals prepared by Bill Ootson &
Associates indicate that the appraised fair market value of:
(1) the Municipal Center Site as of August 5. 1983, was
S950,000.00; (ii) Phase Z of the Park Site as of December 1,
1982, was $743,000.00; and (iii) Phase ZI of the Pack Site as
of May ]l, 198S, was S2,035,000.00; and
WHEREAS, Owner sold the Municipal Center Slte, Phase I of
the Park Site and Phase Ll of the Perk Site to City at s price
substantially less than such properties' true fair market value
ss indicated by the aforesaid appraisals; and
WHEREAS, the sales price for Phase III of the Park Site--
also ls substantially less than the true fair market value of
such property; and
WHEREAS, the sale of the Municipal Center Site. Phase £ of
rot a price substantially less than such properties' true fair
market value and Owner's agreement to sell Phase £~[ of the
Park Site to City for a price suhstafltially Less than such
Of and reliance upon the agreements o~ City contained ~n ~he
and Phase IrI of the Pack Site; and
WHEREAS, initially City agreed to purchase the Municipal
Center Site, Phase I of the Park Site. Phase II of the Pa~K
Site and Phase III of the Park Site as undeveloped land; and
~EREAS, in the negotiations between O~ner and City, City
permit filling in Connection with the Municip&l Center Site.
Phase Il of the Park Site and Phase £II of the Pack Site, and
O~nec agreed to such requests by City in consideration o~ and
in reliance upon the agreements of City contained in the
NI{ER~AS, subsequent to the execution of the Agreement and
the options coveting Phase II of tAe Park Site and Phase II% o[
development plane; and (iii) taken other actions in qood faith
City; and
~H~REAS, in connection with the sale of Phase I of the Pack
conveying the same to City; and
of the P&rk Site and Phase Z! of the Perk Site end to void
City's option to purchase Phsse £II of the Perk Site if City
breaches certain of City's agreements set forth in the
the restr£ctione on the use of Phase £ o£ the Park Site and
Phase Il of the Park Site and O~ner°s right to repu£chase
Ph&ee I o£ the Peck Site and Phese II of the Park Site in order
to enable City to obtein certain governmental grants of pack
funds; and
agreed to pey ceztain additional coesideration to O~ner if City
this Amendment;
NOW, ~EREFORE, ~o~ and ~n consideration of ~h~ premises
and o~ ~he agreements contained he~e~n, ~ner and City hece~y
~his ~en~ent shal~ have t~e sa~ ~nninq ascribed to s~ch
~erms ~n the Ap~ee~n~ un,ess ~ contrary ~n~en~ ~s indicated oc
unless ~h~ contez~ c~eacly ~ndicates
2. Purchase o~ Phase III o~ the Pack Site.
option agceemen~ (as amended to date) covering the same, City
O~ner to City covering Phase III of the Park Site will not
include the Deleted Language (hereinafter defined). If City
fails or refuses to purchase Phase Ii! of the Park Site on or
begore Oeceml~r 1, 1987, Owner shall have the right at Owner's
option tO either enforce specific performance of such agreement
to purchase or to cancel City's option to purchase Phase III of
the Park Site. As partial consideration for Owner entering
into this Amendment. City agrees to pay all ad valorem taxes
payable with respect to Phase III of the Park Site for ali
periods of time after December 3l, 19B$, which shall be due and
payable within thirty (30) days after Owner submits paid tax
receipts to City evidencing payment of such taxes by Owner.
Concurrently with the execution of this Amendment, city agrees
to pay Owner the sum of $8,089.00 in reimbursement for ad
valorem taxes paid by Owner with respect to Phase Ill of the
Park Site for calendar year 1986.
3. Notice and Cure. Neither Owner nor City shall be in
breach of any of the applicable party's duties, obligations or
agreements under the Agreement unless the applicable duty,
obligation or agreement remains unperformed ninety (gO) days
the other party of the applicable party's failure to perform
however, if the applicable duty, obligation or agreement is
non-monetary and cannot he performed within such ninety (90)
day period, the applicable perry shall have an additional
ninety (90) days (a total of 180 days) to perform the
applicable party commences action to perform the applicable
duty, obligation or agreement within the initial ninety (90)
day period and continues to diligently pureue such action.
Notwithstanding the foregoing, it is understood and agreed that
the provisions of this paragraph 3 shall not apply to City's
obligation to purchase Phase II~ of the Park Site on or before
4. Additional Purchase Price. If City breaches any duty,
obligation or agreement of City under the Agreement, as amended
hereby, City he£el~ agrees that Owner shall have the right at
Owner's option to either enforce specific performance of such
duty, obligation or agreement, or to receive the Additional
Purchase Price (hereinafter de£ined) from City. If Owner
elects to receive the Additional Purchase Price from City, City
agrees to pay the Additional Purchase Price to Owner within
ninety (90) days after the amount of the Additional Purchase
Price has been established by appraisal, l~ on December 30,
2002, Owner has not notified City pursuant to paragraphs 3 and
24 of this Amendment of City's failure to perform one or more
o8 City's duties, obiig&tions or agreements under the
Agreement, which failure would constitute a breach ~y City
under the Agreement if not performed within the time(s)
specified in paragraph 3 o~ this Amendment, Owner shall no
longer have the right to receive the Additional Purchase Price
from City aa a remedy for City's breach of any duty, obl£qation
Agreement or otherwise available at la~ o~ in equity to enforce
City's duties, o~ligations and agreements under the Agreement
o~ to sera red,ess [o~ City's failure to perform C£ty's duties,
obligations and agreements under the Agreement. [[ on ac
before December 30, 2002, Owner has notified City pursuant to
paragraphs 3 and 24 of this Amendment of City's failure to
perform one or more of City's duties, obligations or agreements
under the Agreement (the "Specified Breaches"), ~t ks
understood and agreed that City's failure to cure the Specified
Stenches within the time(s) specified in paragraph 3 of th~s
will allow Owner to receive the Additional Purchase Price f~om
City, and that Owner will he limited to the other rights and
in equity in connection with any other failure by City to
perform one or more of City's duties, obligations or agreements
5. Estahlishinq Additional Purchase Price. Aa used
(s) the then current fair market value of Phase I of the Park
Site, Phase I! of the Park Site and Phase III of the Park Site
(if City bas previously purchased Phase III of the Park Site),
less, (y) the amounts previously paid by City to O~ner for the
purchase of Phase Z of the Park Site, Phase Il of the Pack S~te
and Phase II! of the Park Site (it applicable); p~ovided,
Site (if applicable) shall he deemed to he not less than the
Floor (hereinafter defined) and not more than the Ceiling
amount equal to the total of (x) $2.63, multiplied by, the
Floodway Land (hereinafter defined), plu~, (y) $0.23,
multiplied by, the number of square feet of the applicable
acreage which is Ploodway Land. AS used herein, "Ceiling'
means that amount equal to the total of (z) $4.38, multiplied
by, the number of square feet of the applicable acreage ~hich
is not Ploodway Land, plus, (y) $0.39. multiplied by, the
number of square feet of the applicable acreage which is
Ploodway Land. Aa used herein, 'Floodway Land" moans that part
of the applicable acreage which is located between the
Boundary and Floodway Map for the City of Coppell. Texas
(Community Panel Number 480170-0005oC), Issued February
1984, by the Federal Emergency Management Agency ("FEmA Map"),
or on a subsequently amended and updated FEI~ map issued by the
Pederal Emergency management Aqency, or applicable successor
body. I£ it becomes- necessary to establish the then current
fair market value of Phase ! of the Park Site, Phase I! of the
Park Site and Phase II! oK the Park Site (if applicable), O~ner
shall notify City tn vtteing of the need :o establish the
saM. ~net and City during the thirty (30) day period
eollo~ing such notice shall attempt ~o agree upon
appraiseE. If ~ner and City agree on an appraiseF, such
appca~se~ shall proceed ~o determine ~he ~hen current
under ~ha Zoninq Plan), and ~he ~indings o~ such appraiser
shall be concZus~vb and b~nd~n9 upon ~er and Cl~y. ~
appraiser shal~ be d~vided and pa~d equally by ~ae~ and
~, during such ~hic~y (30) day per~od, ~ner and city canflo~
agrH on an app~aise~, ~hen ~ne~ and City eac~ shall select
~ ~he deZ~vecy of ~Fi~efl ao~if~ca~ion by each par~y ~o
o~he~ o~ each par~y's- select,on ~efore ~he ezpLra~iofl
~wen~y-one (ri) days aE~er ~he ezpi~a~iofl o~ such
~h~y (30) day pe~od. ~ e~chec pa~y ~a~Zs ~o ~Mly select
an appraise~, ~he o~her pac~y sAalZ seZec~ an add~ofla~
app~aisec off behaZ~ o~ the ~ail~ng pacty ~ithin tea (~0) da~s
se~ec~ a ~hi~d appca~se~ and sha~l flo~y bo~h ~ner and C~
Ln u~ng o~ ~he da~e o~ select,on and ~he name o~ ~he
~ndependen~ s~all p~oceed ~o determine h~s appraisal o~ ~e
each appraiser s~atl submit his appcaisat in .~i~ing ~o
value o[ the applicable acreage shall be ~he arithmetic mean
(average) at the ~h~ee (3) independen[ appraisals unless one
(25%) from the arithmetic mean of the three (3) aPPraisals in
which event the deviating appraisal shall be disregarded and
the then current fair market value of the applicable acreage
shall be the arithmetic mean of the other two (2) appraisals.
O~ner and City shall pay the fees and expenses of the appraiser
selected by them or on their behalf, and the fees and expenses
of the third appraiser shall be divided and paid equally by
O~ner and City. All appraisers shall he members of the
American Institute of Real Estate Appraisers (or its successor
organization), or if the American Institute of Real Estate
professional organization of equivalent standing.
two certain Release(s) of Repurchase Rights attached hereto as
Exhibit E releasing O~ner's right to regurchase Phase I of the
Park Site and Phase I1 of the Park Site. City shall be
7. Partial Release of Deed Restrictions. O~ner hereby
releases that portion of the deed restrictions placed by Owner
on Phase I of the Park Site and Phase II of the Park Site which
reads: "It is agreed and understood, however, that the
foregoing restrictions are not, and shall not be deemed to be,
a dedication of the Property to the public." (such language,
the "Deleted Language"). Concurrently with the execution of
this Amendment, O~ner agrees to execute and deliver those two
certain Partial Release(s) of Deed Restrictions attached hereto
aa Exhibit p releasing the Deleted Language from the use
restrictions placed by O~nnr on Phase I of the Park Site and
Phase II of the Park Site but otherwise fairing such uae
restrictions in full force and effect. City shall be entitled
Texas, after execution and delivery by O~ner.
S. D~dication of Park Site. City hereby agrees that City
will use Phase I of the Park Site, Phase Z! of the Park Site
and Phase III of the Park Site (if acquired by City) only for
public park purposes until the expiration of the use
restrictions placed by Owner on each applicable phase of the
Park Site.
9. Park Site - Acceptance and Release. City hereby
acknowledges that City has reviewed and approved the plans for
all work performed by Owner, wlseco Land Development, Inc.
('#tseco") and other third partie~on the Park Site and has
carefully inspected the condition of Phase I of the Park Site.
Phase Il of the Park Site and Phase III of the Park Site,
including all ~ork and improvements performed and/or placed by
Owner, ~iseco or other third parties thereon, and accepts such
lands and all tmp~ovements thereon in their present condition,
"as is0 where is, ~ith all faults". City further hereby
releases Owner from all claims by City involving the condition
of Phase I of the Park Sit~, Phase [~ o~ the Park Site or
Phase Il! of the Park Site, whether now existing or hereafter
arising, ~ncluding all work and improvements performed and/or
placed by Owner, ~iseco or other third parties thereon. The
foregoing acceptance and release includes, but ts not limited
to, all work and improvements involving streets, utilities,
fill, grading, dirt removal, drainage, drainage structures,
manholes and landscaping within the Park Site.
10. ~unicipal Center S~te - Acceptance and Release. City
hereby acknowledges that City has reviewed and approved the
plans for all work performed by O~ner, wiseco or other third
parties on the ~unicipal Cente~ Site and has csrn~ully
inspected the condition or the ~unicip~l Cente~ Site &nd ~11
work per~ozmld by Owner, Wiseco or other third parties thereon
and icceptR such lands and work in their present condition, "as
is, where is, with all faults". City further hereby releases
Owner from all claims by City involving the condition of the
municipal Center Site, whether now existing or hereafter
arisinq, includinq all work performed by O~ner0 wiseco oc other
third parties thereon.
City or City's duties, obligations and agreements under the
breaches by the applicable party of such party's duties,
obligations and agreements under the Agreement existing on the
date oE this Amendment and not to any breaches by the
~,~;~pplicahle psrtyl or such party's duties, obligations and
12. Park Site Maintenance and Standards. City hereby
acknowledges and agrees that City is responsible for the
maintenance of Phase I of the Park Site, Phase II of the Park
Site and Phase II! o~ the Park Site and that O~ner has no
~ur~he~ cespons~bili~y for any o~ such main~ennnce. O~hlt ~han
~he york described ~n paraqrn~h 20 he[eo~ and ~he removal
~he existing ~emporaty hau~ road constructed on ~hl Pnrk
Phase III of ~he Pa~k S~e af~e~ ~he dn~l of ~his ~ndmen~
unless such york is approved ~n ~c~ng by Ci~y. S~ncl ~ne~
owns lands ad~acenc ~o ~he Park Si~e, ~ner desires ~ha~
Po~k Si~e be maintained ~n a ~lcs~ class condition. Sub~ec~
budgetary constraints, C~y hereby agrees ~o use City's good
fnl~h e~or~s ~o: (l) mo~ and ~e~ve ~rash and debris ~rom
unimpcovld ~or~ions o~ ~he Pn~k Si~e on a regular bnsis so ~ha~
~hl sa~ do no~ beco~ unsightly; (~) keep ~he ~mFrov~n~s tn
~mF~oved por~ons o8 ~hl Park S~e in good condt~ion; and
(iii) keiF ~in~shed landscaped scene ~n 9ood condition,
including adequately ~a~ering and caring ~or all plan~
slte~ials, repl~ce~nt or deid ~lantinqs ~nd trees and
and repl~ce~n~ o~ all i~riqakion
13. Parkway Median Maintenance. City hereby acknowledges
and agrees tha~ City is responsible for the maintenance of the
parkway medians on Parkway Boulevard [rom Denton Tap ~oad to
Lodge Road and on moore Road north o~ Sandy Lake Road. Sub, ncr
to budgetary constraints, City here~ agrees to use City's good
faith e~or~s to maintain such parkway medians in good
condition, including replacement of dead plantings and trees
and repair and replacement of all irrigation systems.
Concurrently with the execution of this Amendment, City agrees
to pay Owner the sum of $4,755.90 in reimbursement for utility
costs relating to such parkway median maintenance prior to the
d&te o~ this A~endment which was the responsibility of City.
Future utility costs relating to parkway median maintenance
shall he prorated on the basis se~ forth in attached Exhibit G,
and O~ner and City each shall pay the portion for which each
party ts responsible. O~nec agrees not to
landscaping In the parkway medians which City is required to
maint&~n without the prior written approval of City.
Construction Cost Reimbursements.
A. C.R. Shaw Co. Contract - Concurrently with the
execution of this Amendment, City agrees to pay Owner the
sum of $1,154.00 in reimbursement of costs incurred by
S. City Hell Construction - Concurrently with the
execution of this Amendment, City agrees to pay O~ner the
sum of $1,1S1.4& in reimbursement of costs incurred by
Owner in connection with damage csused in the construction
of the Coppull city hall.
pay Owner the sum oS $7,721.g4 on the earlier oS that date
which is sixty (60) days aster the date oS this Amendment
or ten (LO) days aster the date that City collects monies
[rom GT~, in reimbursemenc of costs incurred by O~ner
IS. Parkway Boulevard Pavers. City acknowledges and
agrees that Owner has no further responsibility in connection
with the pavers existing at the entrance to the Coppell city
hall, and City accepts all responsibility [or any removal,
relocation or additional work in connection with such psverso
16. Open Drainage Channels. Without in any way &[fecting
O~ner's rights to utilize open drain&gu channels as set forth
in subsection (h) of Section 2 of the Agreement, City hereby:
(i) approves the conceptual design plans for the Linear Lake
system submitted by Owner and agrees to mark City's approval on
one set o[ such conceptual dusiqn plans and deliver the same to
(ii) aqreea that the standards set forth on attached Exhibit H
are accegtable to City for maintenance o~ water quslity in
ponds, lakes, channels or other wa~et~ays within the Property.
17. Parkway 8oulevard. City agrees to complete the north
lane of Parkway Boulevard adjacent to the Park Site on or
before July L, 1988.
18. HscArthur Road Extension. City herel~y agrees that
Owner will not be resgonsible for any costs in connection with
the construction of bridges relating to the extension of
MecArthur Road northward from its intersection with Deforest
Road. City further agreme that City will not levy any
assessments against any portion o~ the Property or other
property owned by Owner to recover any of such costs.
19. City's Obligation to Improve Park Site. City agrees
to continue to use City's good filth efforts to make
improvements to the Park Site according to City's current plan
therefor, a copy of which is attached hereto ss Exhibit
provided that City shall have the right to modify such plan
from time to time. City agrees to apply all funds received
from governmental grants for the Park Site (whether received
for land acquisition costs or eec park improvements) toward
improving the Park Site. City hereby reaffirms City's
agreement to use eli of the para fees collected in connection
with development within the Property ('Property Park Peas')
toward improving the Park Site; provided, however, City shall
have the right to reimI~urae City's park SURd from
Property Park Pens to the extent that park fees collected in
connection with developments outside the boundaries of the
Property have previously been used loc improvements to the Park
Site.
20, Drainage Improvements Approval, City hereby approves
the plans submitted by Owner [or drainage improvements at five
(5) locations along Denton and Cottonwood creeks east of Denton
Tap Road. speci[ically being those plans prepared by
Threadglll-Oowdy & Associates, Consulting Engineers, Packs o[
Coppell, plates 1-4, last revised September 3, 1986, and
approved by the City oS Coppell Public WorKs Department. Owner
shall cause such drainage improvements to he constructed
without material deviation from such plans. A~ter City's
enqinemr has confirmed that O~ner has completed such drainage
improvements without material deviation from such plans, City
City, O~ner agrees to grant City easements (in form mutually
of $6,100.00 to reimburse O~ner for one-half of the costs of
eztending a sizteen (16) inch water Line in Parkway Boulevard.
22. Confirmation of ~xistinq Aoreem~nts. City hereby
contained ~n the Agreement, includ£ng, vithout limitation,
will not su~mit subdivision plats for residential lo~s
on Sandy Lake Road and Denton Tap Road, bu~ O~ner shall have
~e rig~ ~o ~on~ ~esiden~ial lo~s on Hoots, Samuells, Lodge,
23. Roid ~ame Change. ~ne~ and C~y here~ agree
Sa~ells Roid is hereby substituted for Defo~es~ Roid
paragraph ~8 o~ ~his ~ndmen~.
24. No,ice. Any no,ice o~ co~n~ca~ion requited
perm~ed pu~suin~ ~o ~he Aq~ee~n~ shall ~ g~ven ~n
sen~ by United S~i~es mail, postage p~epaid, ~egts~ered or
certified mail, ~e~urn receip~ ~eques~ed, add~essed as
Pi~ks of Coppmll Joint Venture
12770 Colt Road, Suite 1215
Dallas, Texas 75251
To City:
City o~ Coppell
P.O. Boz 47!
¢oppmll, Tezaa 7~01~
Atto: City Manager
person as hereafter shall be designated in writing by the
applicable ps~ty. Any such notice o~ conwunication shill be
deemed to have been given as o~ the date of deposi~ in the
United States mail.
25. Time of Essence. Time is tmpo~taflt to both Owner and
City in the performance of the Ag=eement, and they have agreed
that strict compliance is required as to any date set forth
therein. If the final date of any period which is set forth in
any term or provision of the Agreement falls upon a Saturday,
Sunday or legal holiday under the laws of the United States or
the State of Tezas, t~en, and in such event, the time of such
- 8 -
period shall be extended to the nest day which is not a
Saturday, Sunday or legal holiday.
26. Save:ability. [f any term or provision o~ the
Agreement is held to be illegal, invalid or unenforceable, the
legat£ty, validity and enforceability of the remaining terms
and provisions of the Agreement shall not be affected thereby,
and in lieu of each such illegal, £nvalid or unenforceable term
or provision, there shall be added automatically to the
Agreement a legal, valid and enforceable term or provision as
similar as possible to the term or provision declared illegal,
invalid or unenforceable.
27. No Waiver. No failure by Owner or City to insist upon
Che strict performance of any duty, obligation or agreement
contained in the Agreement under any circumstance shall
constitute or be deemed a waiver or estoppel of the tight :o
inter insist upon the strict performance of the same duty,
obligation nc agreement under the same or other circumstances.
Neither Owner not City shall be deemed to have waived the
strict performance of any duty, obligation or agreement
contained tn the Agreement unless such waiver ts in writing
signed by the party waiving such duty, obligation or agreement.
28. :nco:potation. All exhibits and annexes to the
Agreement and this Amendment are incorporated therein and
herein by reference fat all purposes.
29. NO Change Unless Expressly Made. Except as expressly
changed by this Amendment, the Agreement and a~ duties,
obligations and agreements of Owner and City under the
Agreement remain in full force and effect.
30. Effect of City's Failure to Acquire Phase III of the
Park Site. £f City fails to acquits Phase 1I[ of the Park Sits
as set forth in paragraph 2 of this Amendment, City shall not
be requited to: (i) pay at reimburse Owner for any ad valorem
taxes paid or payable in connection with Phase III of the Park
Site not previously paid by City as required in paragraph 2
hereof; or (ii) maintain Phase Ill of the Park Site as required
in paragraph i2 hereof.
31. Meanine Of Agreement. It is expressly understood and
agreed that the bleach by Owner at City of any of the duties,
obligations at agreements contained in either the Agreement or
in this Amendment shall be a breach of the Agreement. From and
after the execution of this Amendnmnto the Agreement, as such
term ts used iff the Agreement and as such teem is used in this
Amendment, shall mean the Agreement, aa amended by this
Amendment.
32. Complete Agreement. Tho Agreement, as amended by this
Owner and City.
33. Bandana Effect. The Agreement, as amended by this
Amendment, shall be binding upon and inure to the benefit of
O~ner and City and their respective successors and assigns.
34. Authority. Ouner agrees to furnish City with evidence
that the execution of this Amendment by the ~oint venturers of
Owner executing this Amendment has been duly authorized by ail
required ~oint venture action and that this Amendment is
binding on Ouner. City agrees to furnish O~net with evidence
that the execution of this Amendment by the Mayor and the City
Administrator on behalf of the City has been duly authorized by
all required municipal action and that this Amendment is
blndinq on City.
- 9 -
-' EXECUTED as of the date ~irst above
PARKS OF COPPELL JOINT
VENTURE ! I
CITY:
CITY OF COPPELL
8y
8y
' ~oint Ventl~rer
Gl~,~ ~'-/~I~,'
~int Venturer
ay
City Administrator
3513S
- 10-
~Ei~;$ e tract of lan~ sit~ated in the S.A. & ~.~.R.~. Surve,., "' ·
i:~ ~n ~he City of Copoell O~l~as County, T~s, an~ a15o ~eh~ pert of
t~:; cf l&n~ as described in deed from Goo~ Financial Corp. ~'~ I.L ~ou~l~s
AC,C-S, Tru$%ee, es recorde~ in Volume 76188, Page 2~5 of the ~eed ~ecorCs
'~"as.. County, ?exes an~ bein~ more p~r~cu~r y described.es, ~:!~ows:
., .:,CI,,~ at a point of ieee-section of t~e east line or uent~n
a ~ariaole ~icth r~gnt-of-¥,ay) ~.ith the centerline of ~emtor Cree~,
::!ne also being the most southerly southwest corner of a tract of
:ss:ri~eU ~y de~d to Pure Ice and Cold Storage Co. anU recorced in
' -, l~g6 of tne :eed ~ecor~s of De!las County, Texas;
-~Er.C[ along tee said east li~e of Oenton Tap 2cad the fJtlc',.~n~ t:,rses
:.??:es: S.0=51'58"t~.. 342.82 feet to the ~eginn!ng of a c,r'.'e to
...... · central anale of 2~5'0G'' an~ a ra~!us of 576~.7§ ~e~t; ':,ante
.~enc. S.C~$1'C~~''
said :ur'.e ~gl.3d feet to the en~ of said curve; ' - ....
feet; Thence S.? ,3 40 .,., i00.50 feet; Thence S.2 O1 .....
::.,'J~'~',J~.]: ^, ":~ 70 f,-t' Thane, along said curve 77.2~ feet
-; said curve; T:n~nce X.$SeSg'O2"E., leaving sa~d east 1,ne o' ,e...oA
4~.43 feet to the POi)CT OF :.,II,tING;
,C N.S3osD'C2"E., Z~1.26 feet to the ~eginnmg of a :~r'~a :o
-~E..E .......
-~...-: ~ central en~le ef !7~O~'O1'' and e radius of .-:,.~: along said curve, ~i~.~5 feet to tJl3 end ~f said
ruENC[ $.1°O0'53"E., 671.¢1 feet to ~ point for corner;
-.:,.-e S.~?~E'0?W., 550.00 feet to a point for corner;
'~:,C~ H.l:]0'5?~., 624.~g feet to the Point of Beginning.eno :anta~nn
~:E,:~ s:~re f}et or o.~0. ~cres of l~nd.
:...~ a t-act land situated in the C:~rin¢~ 5:uires Sur'~e~. X~$tract
~q. ', a.A. & FI.G.R.R. Survey, Abstract NO. ,,JO !n the . ,~ of
':~t',. Texas and also being par: o[ a ,rads of ~,n, as ~escribed ~ oeec
~:~: Financial ¢~rp. tO H. Doubles Ad,ins, Trna;ce, as reccr~eo in
:~', 23~$ cf :he Deed Recor:s of Da]l~s Coun~, Texas snc ~e!ng ...~r~ part'
:es:r~bed as follows:
:::.,::..~ a: ~ point of intersection af the west ilne o¢ Benton Tap R:~: :
.2o~:~e .,.ctn right-Of-way) with the centerline cf :enton Croe;:, s~!d poin:
:-~ ~:st southerly southeast corner of a tract of land as ....... eC,. dee
.... ~.,y recorded in Volume 42~, Page ~!G of the Oaed RecoreS of Callas
T,~';:~ along the said west line of Denton Tag Road the Fo:i¢~.ing courses
-.,.,-~, · S.O'~l'~"~., 341.82 feet t: the beginning Of ~ curv} tm the r~nt
~ central angle of 2°~3'00" eric a radius Of S66g.70 feet; Thence a!cq) sa
~E.~2 feet tc the end of said curve; Thence $.0'37'34"W., 161.gO feet;The
~ . 321.8B feet; Thence S.I°O0'S8'E. ~).05 feet to s point for
T-[' C~ $.~?°2~'35"~L, leaving the sa~d ~est line of Denton Tc~ ,ce~,
t: : ;O!~t for c~rner;
.... .j t:., 64.4) feet to a point for corner;
T~',C~ N.35°Og'4C'W., 198.08 Feet to a point for corner;
-:?<[ ):.4o~3'22":¢., $35.17 feet to m point for corner;
?~D:': ~:.31*lO'S1''W., 146~.9~ feet to m point for corner on the
Tr?;C~ along th~ )aid centerline of Denton Creek the following c:urse$ and
~st?:e$; S.$9*ag'23,'E., 37.22 feet; Thence $.Ba'21'2?E., 211.75 Feet; Thence
feet; Thence N.$0'25')7"[. llO.O0 feet; Thence S.7)*01'23"~ ,
S.5~'01~)'£., 170.00 feet; Thence $.)7'11'2)"E., $50.00 Feet; thence
feet to the Point of Beginning and containing $i.345 acres of '~c.
PHASE II
=r~,,~ a ."~t of land situated in the Clarinda Scuires Survey,
~.~c? aaa t~e S.A. & M.G.R.R. Survey, Abstract ))o 1430 in't~e City of Co~pe~ ,
~. --, Texas and also be~c ~rt of ~ trmc~ of land ~S c~S:rib~
':~:: :':* :3~ of the Deco retorts of ~allas County, Texas ~n~ boing r~re ~art
' , c~scribed ~s follows: . · · ' · ~- '
t ..... ',ret ~t a point of ~ntersect~on o: ~he e~st l~ne ~,
.'- .,-- i ht-of-~va ) with the center!the of Oenton creez, sol.
.,r, ,:~ anO Cold Storage C:. and recorded in Volu~e 6~6g~, Pace ~=
Ca.: -
a :e.iCrcS ~ ~lla$ Countv.
.... -: ... s&id ce~ter~ine of ~nton Cr~e~, and the seld sGut~
:.-~ ::~ aaa C;IU Storaae Co. :r~ct the roll.lng cou.'set ~nd
',. :'., ::"E., 1~7.~7 Feet; Thence 1,.i8'J1'25"(., 171.~7 ~e(tl Che~c(
'E:.-: :~e:; Thenc) S.ol ~2 .. E., ,23.O0 feet; Thence S,~?~2')i"E.
. -.~ , ,,t , ]O0.00 fee:; Thence
,~.~.. ,.~: .7 25 .., ~40.00 feet; Thence
· ...,'L :: t., j&2.uv feet; Thence i(.72'07'~5"E., !80.OO feet; ?,ente
..... = ~ to ~ ooint for c:rner;
.... :~E~ !e~vin~ the said c~nterliee of Denton Creek, ane the south ii~
:.-e ::) a~ Cold Storage Co. t:'~ct, S.0"52'35"[., )437,15 feet t: a
.:- .- ~n · curve to the left runnin~ in a soutmwesterly dir~c:icn a~=
:)-:r~l ~r~le of 13"19'3='~ a r~Uius of 2200.00 feet and ~ tangent :e~rtng :'
T~i~;CE elong s~id curve 51!.5g feet :o the end of said curve;
'.-~NCE N.27:52'41"W., 710.40 feet to a ;oint for corner in e cur'~e tc
left -unning in a southwesterly direction and having a central ang)a
-, ..... f ~3:~.ll f~et and ~ tang)nt bearing of
'-UTC! ~lon~ said curve ~64.1~ feet to the end of said curve;
T~C"'~ S.~5~'16''W. 88~.~4 feet to the beginning Of e curve to t~e r~ht
· a,t~i a :,ntral angle of 1B'~'S4" and a radius o( ~O0.09 feet;
- 'C. along said curve 1BB.6) feet to the end of smi~ curve, sa~ bei~
set~ ,,t line of Denton Tap Road;
T~E;¢C[ along the said east line of Oenton Tap Road the follo~!Kg
. . .... e , ,,t 1RR 26 feet to the beginning of a curve to th~
C:S.~ .es, K.2 O10~.~.,_-:~; ............ ~-- ~ ' 9.70 feet' Thence
:~r'.,e Z~i.2& feet to t~e ~nd of said curve: Thenc~ )~.OeS)'S~'''d., "-"
t~e ?(~- of ~egi~ning and co,raining S3.39~ acres of
£X~Z'n ZT O
.:. ,~ a trsct of land situated in the Alfred Lcgsdon Survey, ~bstract l;c.
t'e J'arin~-e Sauires Survey, Abstract rlo. 1327 and the H.,irs of n~' * C.
~.-.~. ::street NO. 1042 in t~e City of Coppell, De!les ~nd Denton C:unt!~s,
?: ) s: :~:'~ ~art of a tract of land as described in deed from Goo: Flor. cia!
-- ?. :~::i? ~dkins, ~ruste~, as recorded in volum~ 7~a, Pege 2355 of
~::r:s ? .~i,es Coun.y, Te.as end bein~ ~re particulmrly :escrib~ a~ folio~.~
...~.,.~,,~ at m point of intersection of the e~st line ~f ~en~o~ ?a~
,~- a.~ ,~ctn .~g..,-c,-wmy) with the centerline of :enton C~ek, ;aid ~oi~t
:~': t.'a m:st southerly southwest corner Of m tract of lam~ as :escri~eU ~
-- :].-~ i:~ ~n~ Cold Storage Co. and recorded in Yol~ ~5~9;, P~) iJ~ c~
" -~ · -~ ~al!as County, Ter:as; Thence along t~e sai~ :~nteriine of
n- sal~ south line of the Pure ICe and Cold Store~e tract the
. , o. 'l:"~., i~7.77 feet; Thence H.18~}l'27~., iFi.67
...... · - · :;.48007'25"E., !60,00 feet; Thence S.61'~2'35"~., l~.O0 fe~t;
., , ,e.., ,e.t, Ttenca
~.~?~'3)'E. 602.03 ~ '" Thence N.88'O7'25"~., 340.00 z- ·
ZC:.CC f~et; Then:~ ~.2707'27E., 380.00 feet; Thence N.7~007'2~"[.,
~. c ":'~'q'" ltl t"~ ' ,, - -
'-Et:C! c:nti~u(ng elon9 the said centerline of Denton Creek cna t,he s~':
.... Zf t~e Pur~ ice ~n~ Cold Stormge Co. tract the fo!lo~ing courses ~nc clst~r
,' ::~:"::"~ 3~6.74 feet; Thence N,74°11'59'~., !7~.O0 feet; Ti~ence ,,.~.
......':: t- ~..'~,. Thence H,~7'26",4"~., lBS.00 feet; Thence S.88037'46"[., 7~.gC
T~e~cm .... 9 ll . , lgS.ZS feet; Thence S.8g'55'41"[., il2.~S feet;,T~enc:
.... ' ....... 7~.45 feet; Thence N.56"17'Sg"E., 176.70 feet; Thence h.6:.,
'~2.22 ~....*~*, Thence N.:?4)'29"E., llS.30 feet; Thenc~ N.23'37'24'~.,
· ... ~; :i~4'Ol"W.';'S9 90 feet; Thence K.20:21'Sg"E. 1~3.00 feet; T~eqc~
S.~ 2!'~., 50.74 feet to ~ point for corner;
-~{, ',~'~ ~*~ving.. the s~id centerline of Denton Cree~ and the said south
t*e :.r) :c~ end Co1~ Stor~ Co. tract, SO.H, ~5S2.)4 feet to point for
T~:,C~ S.8704~'~Z"W., 327.g6 feet to ~ ~int for corner;
:~?"= S0b~H, 7~7.Z6 feet to ~ point for corner iff i cur;e to the
in ~ ~orthwesterly direction ~nd hevin9 a centrml an91e of 28'~4'07 ~
~g2~.Z: feet ~nd m tangent bearing of N.61'40'S3"W., .
T~',:E ~!ong s~id curve 941.83 feet to ~e end of S~id curve, s~i
~e~rq!rg of mnother curve to the le?t boring ~ central engle of 14eP~'0g''
-,:iu2 O; ~2~.O0 feet;
,.~ ~l:n9 curve
?-[''- s~iU 5S5.58 feet to the end of s~id curve;
'~:;C2 ~;.O'SP'SS"W., !26S.~ feet to the Point of BeginnLng mhd
:~ ':: aCreS :f land.
RELEASE OF REPURCHASE RIGHT
~mEHEAS, heretofore Parks of CoppeiL Joint Venture X£
("venture'), a Tezas ~oint venture, and thm City o~ Coppell
("City'). a municipal corporation and political subdivision o~
(the "Contract"), dated December 30. 1082. covering, among
incorporated herein by reference ~or all purposes (the
'Released Tract"); and
~HEREAS. a Memorandum of Contract (the "Memorandum'), dated
December 20. L982, placing third parties on notice of the terms
and conditions contained in the Contract, including Veflture's
Released Tract (the 'Repurchase Right') was recorded in
7olume R3OIL, page 1142 o[ thl Deed Records of Dallas County.
WHEREAS, for certain consideration more particularlF
date herewith between Venture and City amending the Contract in
Right;
~:~d, THEREFORE, ear and in consideration of the premises,
Venture has RELEASED AND DISCHARGED the Repurchase Right, and
by these presents Venture does RELEASE AND DZSCHARGE the
Repurchase Right, so that from and after the date hereof
Venture no longer has any right to repurchase the Released
Tract pursuant to the Contract as evidenced of record by the
~emorandum.
EXECUTED aa of the day o£ January, 1987,
PARKS OF COPPELL JOINT VENTURE
By
Michael R. ALien
Joint Venturer
By
Glen A. Hinckley
Joint Venturer
John B. Kidd
Joint Venturer
THE STATE OF TEXAS
COUMTY OF DALLAS
198~, by Michael R. Allen, a joint venturer of Parks
Coppell Joint Venture II, a Texss joint venture, on behai~
ssid joint venture.
GIVER UNDER MY HAND AND SEAL OF OFFICE, this the
, 198__.
day
Hy Coewission Expires:
THE STATE OF TEXAS
COUNTY OF DALLAS
198__, by Glen A. Hinckiny, a joint venturer OK Parks oK
CoppeL1 Joint Venture II, a Texas joint venture, on he~al~ o~
said ~oint venture.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the
Notary Public in and ~o~
the State oK Texas
Printed Name OK Notary
THE STATE OF TKXAS
COUI~ OF DALLAS
This instrument was acknowledged ~e~ore me on
198~, by John O. Kidd. a joint venturer oK Parks
Joint Venture II, a Texas joint venture, on
Joint
GIVEN UNDER HY HAND AND SEAL OF OFFICE, this the
, 198__.
Coppe~
day
My Commission Expires:
Notary eu~i£c in and eot
the State o[ Texas
Printed Name o~ Notary
3677S
PHA~[ !
, 60UNOARY 0[SCRIPT 10N
6lING s tract of land situated in the Clarinda SQuires Survey, Abstract ~o.
1327 and tho S.k. i H.G.R.R. Survey, Abstract NO. 1430 in the City of Cobbell,
Dallas County, Texas and also being pmrt of I tract of land is described in deec
fr~l GOod Fifllflctml CorP. to M. Douglas Adkins, Trustee, ss recorded in Volum~
76188. Page 2355 of tho Deed Records of I~llis County, Texes and being mo~! ;irt'
culirly described SS follows:
B£GIUNING mt a point of intersection of the west line of Denton Tsb Road {
variable width right-aC-way) with the centerline of Denton Creek, said ~oint
being the ~cst southerly southeast corner of I tract of lind is described by Cee:
to Jick Lively recorded tn Volume 426, Pa~t SlO of the Deed Records c~ Dallas
County, lexis;
TH[NC[ ilong the said west line of Denton TOP Raid the following courses
distances; S.O'Sl'S8"[., 341.82 feet to the beginning of I curve to the right
hiving m centrel angle of 2'53'00" and s rmdtus of s66g.?o feet; Thence along sa'
cu~e Z8S.32 feet to the.end of said curve; Thence S.0'37'34'W., 161.go feet;The,
5.6°1g'20"V., 321.88 feet; Thence S.l*O0'SS'[., 22.05 feet to s point for ccrne~
TH[NC[ S.67'24'3S"W., leaving the slid wst line of Denton Tap Raid,
feet to a bathe for corner;
TH[NC[ N.I*ll'S3"W., 64.43 feet to a point for corner;
TH~NC[ N.3Se2g'46'W., 198.08 feet to s point for corner;
TH~NC[ N.4043'22'W., S36.17 feet to & point for co,er;
TH£N~ N.41'lO'Sl"W~, llS.7? feet to i point for comer;
TH[NC~ fl.31'lO'Sl'~., 146&.96 feet to a point for cormer on the centerline c
Said Denton Creek;
TH[NC[ along thl-)&id clnterltne of Denton Cree~ t? following courses end
distances; $.Bg'3g'23'[., 37.22 feet; Thence 5.83'21 23 [., 211.76 feet; ~hence
N.83~42'37"~., 102.50 feet; Thence N.?4'3g'37'[., gl.00 feet; Thence
196.74 feet; Thence N.60'26'37'[., 110.00 feet; Thence 5.77'01'23'[., 136.00
Thence S.50~01 '23'[., 170. OO feet; Thence $.37'11' 23'E., ~50,00 feet; Thence
S.$7'll'Z3'[., 272.00 feet; Thenr~ S.71'11'23'£,, 340.00 feet; Thence fi.68'18'37'
SO.Li feet to the I~)tnt of ~gtnntng and containing S1.343 acres of linc.
~N;R~.~S, heretofore Parks of (appall Joint Vesture Z;
('Venture"), a Texas Joint vesture, and the City of Copbell
('City'), a municipal corporation and political su~diviaiofl of
the State of Texas, entered into that ce(rain Contract of Sale
(the 'Contract"), dated December 30, 1982, covering, among
ocher lands, that certain land attached hereto as ARtier A and
incorporated herein hy reference ~or all purposes (~he
"Released Tract"); and
~JiBRKAS, a Memorandum of Contract (the 'Memorandum-), dated
March il, XOa6, placing third parties on notice of tho terms
and conditions contained in the Contract, including venture's
Released Tract (the 'Repurchase Right") was recorded in
County, Texas; and
MiER~AS, for certain consideration more particularly
described in that certain A~endmeflt to Contract of Sale of even
date herevith between Venture and City amending the Contract in
certain respects, Venture has agreed to release the Repurchase
Right;
NaM, THEREFORE, for and in consideration o~ the premises,
Venture has RELFd~SKD AND DISCHARGED the Repurchase Right, and
by these presence Venture does RELEASE AND DISCHARGE the
Repurchase Right, so that from and after tho date hermo~
Venture no longer has any right to repurchase the Released
Tract pursuant to the- Contract as evidenced al record by the
Heoorandum.
EXECUTED as o! the day of January, 1987.
PARI~ OF COPPELL JOINT
By
Michael R. Allen
Joint Venturer
By
Glen A. ~inckley
Joint Venturer
By
THE STATE OF TEXAS
CoulrL~ OF ~
This instrumenk was acknouledged before me off
ISN~, by Michael R. Alien, a joint venturer of Parks o~
Coppsll Joint venture ri, e Taxes )o~n~ venture, off ~eha~ o~
said join~ venture.
6I~ ~ ~ ~D AND S~L OF OFFICE, th~S ~he day
o~
NY ¢oenission Expires:
Notary Public in and for
the State o~ Texas
Printed Name of Not~ry
THE STATE OF TEXAS S
S
COUNTY Of DALLAS S
This instrument vas acknowledged before me on
198__, by Glen A. Sincklsy, a joint venturer of Par~s o~
Coppell Joint venture II, a Texas ~oint venture, on behalf of
said joint venture.
GZV~H UNDER I~Y HAND AND SEAl, OF OFFICE, this the day
of , 198__.
Ny ColUlilion Elpirea:
THE STATE OF TEYAS
COUIrTYOF DALLAS
l~le instrument was acknowledged before me on ,
1SO__, by John S. Kidd, a Joint venturer of Parks of Coppell
Joint Venture II, a Texas Joint venture, off behalf of said
Joint venture.
GIVEN UNDER MY HAND AND S~AL OF OFFICE. this the
, 198~.
day
Ky Commission Expires:
Notary Public in and for
3680S
- 2 -
tract of land Situsted in the Clari~tda $ouires Survey, Abstract
$.A. & M,G,R.R. Survey, Abstract ~o I~O in t~e City of
~n;y, Texas an~ also ~eing par~ of a ~ract of lan~ aS oe~c~oe~ ~n
~n~nci~l CO~. tO M. Oougl~S Adkins, Trustee, ~s rac~r~ ~ vC
~3~ Of the Oee~ ~ecor~$ of ~11~s County, '.exes en~ bo~ng mo~
,XZK~ It ~ ~cinC Of intersection O~ the else line of ~er, tcn Te~ ;.:4c
~iCt~ right-Of-way) with the center!ina of Oenton Creek, said aotrt
~s~ SOutherly southwest corner of m tract ~. tmna ms Cescri~e~
~nd C:lC Storage C=. end reco~aed in Volu~e ~5~SC, Peae 1~ ~
o~ C~llas CQunty. Texas;
along t~l sa~d centeriine of ~nton Cree~, end t~e sold s:ut~
aha C:l~ Storage Co. tract t~e following cou.'se~ en~
c:'E., 1¢7.77 feet; Thence K.!8'31'25"~., 171.~7 'earl The~:e ::.-~C. ~: ·
Thence S.61'52'~"E., 185.00 feet; Thence S.~:S~')5"~., 6~0.C~ fee:
'..$S'07'25"~., 3C0.~ feet; Thence N.?7e07'Z)"E., 300.00 feet; T~:ence
',.ZF':;'2~'~., 3~:.00 feet; Thence t¢.72'07'2~"E., ~80.00 feet; T~,erse to I ~oint for c~r~er~
!e~vin~ th~ said c)nterline of ~enton Creak, end the sout~ ~tne : .~.
~n~ Col~ Stormge Co. tract. S.O*S~'3S"E., i4)7.1S feet t~ e ~int
curve to t~e left running in a soutn,esterly ~ir~c:ion an~ na~n$
~le Gf 1~'~9'3~ a radius of ~2~.00 feet and a tangent :e~r:ng
~long s~id curve el!.6) feet t~ the end of saIU curve;
~.~7 )) 41 W., 710.40 feet to a ~oint for corner Jn a c~r',e to
9 in ! sout~esterly ~irection and h~ving ) central angle ~' 7~7 ~"
33~Z.11 feec and ~ t~ngent bearing o( S.73*4g'41"W.;
along said curve 464.14 feet to the trig of slid curve;
S.6SeS2'16"~.. 8)S.~4 feet to the be~innin~ of ~ cur~'e to the r~c~t
:entrll Ingle of 18'~'54" mhd m rmdius of 60~.C~ feet;
~!ong said c~rve 189.6S feet to the end of slid curve, ser~ beige
ilong the said ,st line of ~ntofl lmp ~e~ the follo~iK~ cou,ses
K.~e0I'0~''E', 388.~6 feet ~ the beginning Of a curve to t~e
~eqtral angle of ~'S3'00" and e r~Uius of STag.70 feet; Thence along
ii:.)6 feet to t~ end of slid curvet Thenc~ )~.oeSl'Sg"'d., )42.E8 ~eet
of ~eginning and co~taining S3.3g~ ~¢res of lmna.
EXHZB i'T F
RF.L S . OF I) D RES I ION,
b~ERKAS, heretofore on December 30, 1082. Tho Parks o~
Coppeil Joint Venture [[ ("Venture"). a TIIil joint venture.
executed and dolivnred a Spec£ai wa£ranty Deed (the "Deed") to
The City o~ Coppell ('City"). e municipal corporation and
polit£cal subdivision o~ the State of Texas. recorded tn
Volum~ 83005, page 35~9 o~ the Deed Recordx o~ Oell&$ County,
Texas, conveying to City that certain land described in Annex A
ittichld hlrltO and incorporated hirlin hy rl[IrlnCl for ltl
purposes (the "band"); and
HER[AS. the Deed imgosed certain restrictions on the use
and occupancy o~ thn Land (the "Deed Restrictions"); lad
WHEREAS. City has requested that Venture release a portion
o~ the Deed Restrictions; and
~KREAS, for certain consideration more particularly
described in that certain Amendment to Contract o8 Sale o~ even
herewith between venture and City amending in c/train respects
that certain Contract o~ Sale, dated Olce~blr 30, 1982,
relating to the sill O~ the Land by Venture to City, O~nlr has
agreed to Clty*s request for a release of a portion of the Deed
Restrictions;
NOW, THERKFORE, for and in consideration of the premises,
O~fler has RKLZASSD AND DISCHARGED and by these presents O~ner
does RELEASE AND DISCHARGK that portion o~ the Deed
Restrictions which reads: "ti is agreed and understood,
~ deeMd ~o ~, a dedAca~Lon o~ ~he Pto~y ~o ~he public.'
It ix understood and agreed that tho ffor~goinq is a partial
release of the Deed Restrictions only and that the remainder o~
the Deed Restrictions remain in ~ull ~orcn and e~ect as
originally written,
EXECUTED ax of the day of January, 1987.
THE PARKS OF COPPF. LL JOIHT VENTURE
~ichaei R, Allen
Glen A. Hincklny
By
John S. Kidd
Joint Venturer
THE STATE OF TEXAS
COUrFY OF DALLAS
S
S
Tltls instrument wes acknowledged before me on
198~, by #/chaei n. Allen, a joint venturer of The Parks o~
¢oppell Joint Venture XI, s Tezas joint venture, on tehaL! of
said joint venture.
GI~N UNDER MY HAND AND SEAL OF OFFICE, this the
of , i98__.
day
Ny Commission Expires:
THE STATE or TEXAS
COUNTY OF DALL~
S
S
195__, by Glen A. Ninckley, a joint venturer of The Packs o~
Coppell Joint Venture II, a Tezas joint venture, on behalf o~
said joint venture.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this tho
, 198__.
day
the State of Texas
Printed Nome of Notscy
THE STATE OF TEXAS
COUFi'Y OF DALLAS
S
S
S
This instrument was acknowledged before me on ,
198__, by John O. Ridd, a joint venturer of The Parks o~
Coppell Joint Venture II. a Texas Joint venture, on behalf o~
said joint vefltu=.e.
GIVEN UNDER MY HAND AHD SEAL OF OFFICE, this the __
, 198__.
day
My Commission Expires:
Sotacy Public in and
the State off Texas
Printed Hame of Notary
3676S
- 2 -
PROP£RT¥ DZSCRI~ION fOR PHASE I - A AND ~HAS£ ! - B
PHASE I - A
BOUf~OARY D~SCRiPri0N
BEING a tract of land situated in the Clarinda Squires Survey, Abets'ac:
NO, 13Z7 and the $.A.t.M.G.R.R. Survey, Abstract No. 1130 in the City of
Coppe11, Dallas Count)', Texas and also ~ing part of a tract of land as des-
crt~d in d~d f~ G~d Financial Co~. tO ~. ~uglas Adktns, T~ustee, es
recorded ~n VoluM 761~, Page 2355 of the Deed Records of Dallas Co~nty,
Texas and being ~ parttcularl~ described as ~ollo~s:
CO~NCING at a porn: of intersection of the west 1toe of Denton 7~
(a variable width r~ght-of-wy) with the centerllne of ~nton Creek, said
also ~1~ the ~st southerly sou~eist corner Of a tract of land ~s
by ~eed to Oack Lively ~corded in Vol~ 426, Page 510 of the ~ed Pecor~s
~11as County, Texas; Thence with the said 1ina of ~nton Tap Road
S.0'S1'58'[,, 49.64 feet :o the P0?tIT OF
THENCE continuing along sa~d line of ~nton Tap Road 5.0'51'S8"E.,
feet to the beginning of a curve to the right having a centre1 angle of
Z~S3'~' and a redtus of 566~.70 ~eet; Thence along sald curve 28S.3~ feet
the eno of sa~d curve; Thence S.0e37'34'g., 161.90 feet; Thence
321.~ f~t~ Thence S.I°O0'SB'E., ~Z.OS feet to a ~tnt for corner;
THENCE S.67~4'35'~.. leaving the sa~d west Itne of 0onion Tap Road,
f~t to a ~Jnt for corner~
THENCE N.le11'53'g.. 64.43 feet to a ~otnt for corner;
THEKE N.3S'~'46'~., lg8.~ f~t to a point for corner;
THEK[ N.4e43'Z~'V., S~.17 feet to a po?n~ for corer;
IHENC~ fl. STe~'34'[., IZZ6.37 feet to Lhe Point of Beglnnlng and containing
ZI.~SO acres of land.
PHASE i - 8
BOUNDARY 0[ SCR i P__Tj O_.N._N _
BEING a tract of land situated in the Clartnde Squires Survey, Abstract
NO. 1327 and the S.A. & 14.G.R.R. Survey, Abstract. NO. IR30 tn the City of
CoppolI, Dallas County, Texas and also being part of a tract of land aS des-
crtbed to deed Cram Good Ptnanctal Corp. to ~4.0ouglas Adklns, Trustee, as
recorded tn Volum 76188, Page Z3SS of the 0red Records of 0ellis County,
Texas and being more Hrttcularly described eS follows:
REGIrINIHG at a point of Intersection of the west line o¢ Denton Tap
(e variable width right-of-way) with Lhe centerltno of 0anion Creek, said
also being the most southerly southeast cra'nar of · tract of 1·nd as describer
by deed to dRck Lively recorded in Volume 4Z6, Page S10 of the 0eeo RecorOs
0ellis County, TexaS;
THENCE along the said vest 1toe of Denton Tap goad S.0eSI'S~"E., 4g.64
feet to & point for corner;
THENCE S.57°00'34#14., leaving said line of 0anion Tap Road, 1226.37 feet
to a point for cornet';
1HENCE N.41e10's1#V., 11S.77 feet to a point for corner;
THENCE N.31elO'$1#~', 835.30 feet to a point for corner;
~HENC£ N.SSe4g'Og'E., 8S3.~5 feet to a point for corner in said center~i~*e
of Oenton Creek;
THENCE with said centerline of ~enton Creek the following courses and
distances: S.37'11'~3'E., 33g.70 feeL; Thence S.57'11'~3'E., ~72.Q0 feet~
S.71eil'23#E., 340.00 feet; Thence N.88'18'37#E., 50.83 feet to the Point of
Beginning end containing 21.ZS0 acres of land.
gAR?IAL R F.A E OF DF "I)
~NHRKA$. heretofore on March 13, 1986, The Parks of Coppell
Joint venture Il ('Venture"), a Texas joint venture, executed
and delivered a Special warranty Deed (the "Deed') to The City
o~ Coppeil ('City"). a municipal corporation and political
subdivision of the State of Texas. recorded in Volume 86051,
pave 1829 of the Deed Records o! Dallas County, Texas,
conveying to City that certain land described in Annex A
attached hereto and incorporated herein by reference for all
purposes (the 'Land'); and
WHER~ASo the Deed imposed certain restrictions on the uae
and occupancy of the Land (the 'Oecd Restrictions')~ and
M~EREAS, City has requested that Venture release a portion
of the Deed Seatrictions~ and
MHEREASo for certain consideration more particularly
described in that certain Amendment to Contract of Sale of even
herewith between Venture and city amending in certain respects
that certain Contract of Sale, dated Oecember 30, lVO2,
relating to tho sale of the Land Uy venture to City, O~nnr has
agreed to City*s request for a release of a portion of the Deed
Sestrictiona~
NOW. THEREFORE, for and in consideration of tho premises,
Owner has £ELEASED AND DISCHARGED and by these presents Owner
does RELEASE AND DISCHARGE that portion of the Deed
Restrictions which reads: 'It is agreed and understood,
however, that tho foregoing restrictions are floC, and shall not
be deemed to be, a dedication of the Property to the public.'
It is understood and agreed that the foregoing is a partial
release of the Deed Restrictions only and that the reoainder of
the Oeed aesbricbions remain in full force and effect as
originally urtbben.
EXECUTED as of the day of January, 1987.
THE PAI~S OF COPPELL JOiNT VEETURE I%
By
Michael a. Allen
8y
Glen A. ainckley
Joint Venturer
John B. Kidd
Joint venturer
TH~ STATE OF TEXAS
COUUTY Of DALLAS
This instrumen~ wa· acknouledged he,ore me on
198__, by Nichaol R. Allen. a joint venturer o[ The Pack·
Coppell Joint Venture II, a Texas joint ventur·, off behalf
said joint venture.
GIVEN UNDER 14Y HAND AND SEAL OF OFFICE, this tko __
, ~98~.
day
#dC·fy Public in and
the State o[ Texas
Printed Name of Not&cy
THE STATE OF TEXAS
COUNTY OF DALLAS
S
This instrument was acknowledged before me dO
198__, hy Glen A. Hinck~eyo · joint vnncurnr o[ The Pack·
Coppell Joint venture II, a Texas joint venture, on hohal~
said joint venture.
GIVEN UNDER 14Y HAND AND SEAL OF OFFICE, ~hl· the
of ,
day
Ny Commission Expires:
Notary Public in and for
TH~ STATE OF TEXAS ~
co~rrYof DAr, FAS S
Tats instrument ~as acknowledged he[ore me on ,
108~; by John B. Kidd, · Joint venturer o! The parks of
Coppell Joint Venture ~, a Texas joint venture, on bah·II of
· aid Joint venture.
OIVEJl UNDER NY HAND AND S~AL OF OFFICE, this ~he day
O~ . 198~.
My Commission Ezpi£es:
Notary Public in and fo=
the State o[ Tez&s
Pc~nted Name
3679S
PHASE TWO
BOUNOARY 0CSCRZP?~ON
BEING i ~rlct of lend situeted in tho Clerinde Squtrls Survey, Abstrlct
1337 end the a.A. & H.G.R.R. Survey, Abstract No 1430 In the City of
O411as County, Texes end also being pitt of e trice of land I! described in deed
frml Good Fine,cie1 Corp. to H. Douglas Adklns, Trustee, eS rscorded tn VOILlal
76181, Pnga 235S of the Deed Racord$ of Dellls County, Texas and being mrs partl-
ularl~ described is follova:
8EGZNr~ZK~ it a point of Intersection of t)e east 1Ina of Oenton Tap Roid
vartlbla vtdth right-of-roy) utth the caflterllne of Denton Crank, slid point lied
bllng ~ molt southerly soutlhdst corrir of a trice of lend aa described by deed
to P, ro Icl and Cold Storege Co. end recorded in YoluBI &Sage, Pege 14H of the
DeH Records of 0~111s County, Texas;
THENCE elong the slid centlrltne of Denton Creek, end the slid south 11ne of
~ho Purl Zee and Cold Storngo Co. trice ~he roll,ding courses end distances:
N.TgeOT'ZS'E., 147.77 feet; Thence N.18031'ZS'[., 171.S7 feet~ Thenco
16Q.OO feet; Thence S.SI'SZ'3S'[., 18S.00 feet; Thence S.SSOSZ'3S'E., 6OQ.O0 feet;
Thence N.88'OT'ZS'E.. 340.00 feet; Thence N.77'OT'ZS'E., 300.00 feet~ Thenco
N.ZToOT'ZS'E., 380.00 feet; Thence #.?Z*D7'2S'E., 180.0Q feet& The.lcD S.SS'SZ'3S'E.,
171.70 feet to a point for corner;
THEhC£.leavtng the slid contar11H of Denton Creek, end ~he south 11ne of the
Purl ~cl and Cold Storlgn Co. ~rect, S.D'S2'3S'E., 1437.1S feet too point for
corner In I curve running tn a sout~istor17 direction and having
central Ingle of 13°19'34. a redtuS Of Z~OQ.O0 feet end a clngent beefing of
S.TSOZg'S3'V.;
THENCE Ilong slid curve Sll.69 feet to tho end of sold curvl~
TH~#C~ N.ZT'SZ'41'V., 710.40 feet to a poSnt for corner !fl o ?rye. -° .......
r~rmin~ In I Southveetorly dtrlcttoa a~d having I cofltrll angle ol i 0/ La ·
rndtus of 334E.11 feet and a tangent deering of
THENCE ilon~ slid CuM 464.14 foot to t~ end of slid curvl~
THENCE S.6SiSZ'lrV., 88S.24 flit to tho begtnn~ o~ ~ Cy~Vl to tho rtgh~
herin- a central ingle of 18*0Q'S4' ind a radius of 600.00 reit,
~HENCE along said curvl 188.6S feet to the end of slid curve, same being on
T#~HCZ ilong tho slid lest line of Denton TeD Road the folloutng courSes lnd
· K.2°01'O~'~., 38~.Z6 feet to the beginning Of a curve So the
~ls~enc!e~ ..... ~ ...~..~ ?°~¥ ' and I rldtua of 5789.70 feet& Thence ~lang.se~d
curve Zgl.25 ~emt ~o the End of slid curve~ Thence N.Q SI S8 -., o4..88
EY~IB IT ~,
Ex~st£n~ ~4eters
~ed£an Location City Owner
300 N. Denton Road
215~ ~oore Road
A4ed£&n 37.8% 62.2t
Denton Tap ~o He&r~z
~Sed~an ~00.0% 0%
AdJ&cen~ ~o Austin
Tr&c~
S8S620523 Hed£an 100.0% 0%
No Add~ess Br£dqo ~o Lodqe and
Lak~ H. o~ B~dqo
Future ~andscap~d med£an £nsca~l&t£ona shall be metered separ-
a~e~ ff~om ~hm p&~k~&y8 o~ other a~eam o~ o~ner rmwpona£b~¥
(
Iii'
January 8, 1986
Hr. Hike Allen
Untvest Corporation
12770 Coite Road, Suite 1215
Dallas, Texas 7525!
Re: Parks of Coppell
~ater qua]ttyNeasures for Linear Park Po~d Systems
Dear Hr. Atten:
The water quality misuses Incorporated 1nad the destge of the pond s)'stem
are as follovs;
1. Adequetl Niter supply -- the drainage basin serving the pond
systel ts In excess of t$O icres Nhtch shoutd be adequate given
average annual rainfall.
Niter depth -- a series of weirs maintain e 6' Nltlr ~th t~
the eita p~d areas ~ich sh~ld ~ ad~uite to pm~at ~t
algae ~ormtt~.
3. ~ater ~ratt~ -- aeratt~ ~ets are l~ated tn ea~ ;md to
su~lemat o~n In the water.
4. E~I~ p~t~tlon -- p~d ed.s subject to erosl~ heir weirs
and the co~r curve sh~ld be irm~d and ~11 S1M$ tn the
vtctntty wtll recetYe tu~. S~lmflt deposits sh~ld be
re~ved pert~tcally to matntatn wirer d~th.
Htke Allen
December 31, 1986
Page 2
It ts ~y under~tindlngthet the above measures will be incorporated tn the
final constructlofl. This should result tn acceptable water queltty during
normal c11mets conditions.
Sincere1?,
~OHN$ON ~OHN$ON &
Dale Sass, ASLA
Principal
OS/$ms
FUTURE ANOY BRONN PARN ~ROVEHENT$
' FACZL[TY
~CCER/FGOTBALL FIELDS (PHASE1)
TENNIS COURTS
OAY CAMP AREA
C~NITY CENTER & RARICZNG LOT
SOCCER/FOOTBALL FZELOS
14JLTZ -PfJRPOSE FZELOS
PAmC[NG LOT (P~SE 1)
PARKZNG LOT (PHASE 3)
SNII~4ZNG P~ & PARI~ZNG LOT
AAo#[?#EATER & PANKZNG LOT
0ATE, EST COST
1987 S200K
1988-89 S4(X)IC
1989 S ZQiC
1989-90 $~q~K
1990 SZOQIC
1990 S4m~C
~990 S20OK
~994 SZOGIC
TSO ?
T80 ?
IMYBE
NQ
YES
140
YES
MAYBE
MAYBE
YES
YES
PROPOSED - MASTER PLAN
FOR COPP~L.L COIG4UI4TY PARK
PHASE III DEVELOPMENT
AM) PHASE II
LAND ACQUISITION FOR
DELAYED DEVELOPM~N 1
I
I
I
I
I
I
I'
I
I.
I
I
I
I
TENNIS CENTER
DAY CAMP
GROUP PICNIC FACILITIES
COMMUNITY CENTER
'.1
MANMADE LAKE
EXHIBIT C
Company Tracts
164180
T~CT 1:
8EING a 109,7022 acre tract of land situated in the Clarinda Squires Survey,
Abstract No. 1327, the S.&. & M.G.R.R. Survey, Abstract No. 1430 and the George
bi. Jack Survey, Abstract No. 964, in the County of Dallas, Texas, and being a
portion of that certain tract of land as described in deed from Good Financial
Corp. to M. Deu$1as Adkins, Trustee, as recorded in Volum 76188, Page 2355, in
the Deed Records of Dallas County, Texas and bein~ more particularly described as
follows:
BEGINNING at an iron rod on the west R.O.bl. line of Denton Tap Road (a variable
width R.O.bl.) said iron rod being the northeast corner of a tract of land deeded
to Clifton K. McGraw, in Volume 66944, Page 1705, in the Deed Records of Dallas
County, Texas;
THENCE South 89 degrees 34 minutes 53 seconds blest, along the north line of said
McGraw tract and leaving the said west R.O.bl. line of said Denton Tap Road for a
distance of 219.83 feet to an iron rod at the northwest corner of said McGrav
t tact;
TItENCE South O0 degrees 19 minutes 41 seconds blast along the vest line of said
McGraw tract for a distance of 209.88 feet to an iron rod at the southwest corner
of said tract, said iron rod lying in the north line of the Billy R. Houston tract
as recorded in Volume 72154, Page 2355 in the Deed Records of Dallas County,
Texas;
THENCE South 87 degrees 40 minutes 10 seconds blest along said north line of said
Houston tract for a distance of 179o85 feet to an iron rod at the northwest corner
of said Houston tract;
TtiENCE South 00 degrees 10 minutes 02 seconds East along the west line of said
Houston tract for a distance of 104.35 feet to an iron rod in the north line of
~lills Lane;
THENCE South 88 desrees 17 minutes 45 seconds blest along said north line of Mills
Law for a distance of 589°46 feet to an iron rod on the east line of future Lot
1, Block "A" of unrecorded Coppell High School Addition;
TflENCE North 01 degrees 44 minutes 45 seconds West along the east line of said
future Lot 1, Block "A" of unrecorded Coppell High School Addition for a distance
of 1295.81 feet to an iron rod at the northeast corner of said future Lot 1, Block
"Afl of unrecorded Coppell Rlgh School Addition;
THENCE South 88 desrees 38 minutes 30 seconds blest along the north line of said
future Lot 1, Block "A" of unrecorded Coppell High School Addition for a distance
of 282.50 feet to an iron rod;
Page I of 7.
TICOR TIT~
NI~IBER 164180
TRACI 1CON*T~
THENCE North 87 degrees I7 minutes 27 seconds Hast continuing along said north
line of said tract for a distance of 1352.42 feet to an iron rod at the northvest
corner of said future Lot 1, Block "A" of unrecorded Coppell High School Addition,
said iron rod also lying on the east line of Section II Village at Cottonvood
Creek, as recorded in Volume 85237, Page 5014, in the Deed Records of Dallas
County, Texas, said east line also being the abstract lima separating said
Abstracts 1430 and 1327 from the T.L. Holland Survey, Abstract No. 624;
THENCE North 01 degrees 15 minutes 51 seconds Hast along said east line of Section
II Village at Cottonvood Creek and said abstract line for a distance of 2512.23
feet to an iron rod at the southwest corner of a tract of lap~ deeded to Lena
Schreiber in Volume 1005, Page 642, in the Deed Records of Dallas County, Texas
said corner also lying on the centerlina of Denton Creek;
THENCE along the south line of the said Lena Schreiber tract and said centerline
of Denton Creek the following six (6) courses and distances:
THENCE South 67 degrees 02 minutes Ol seconds East for a distanc~ of 29.31 feet
to an iron rod;
TIAENCE South
to an iron rod~
THENCE South
to an icon rod;
81 degrees 23 minutes 23 seconds East for a distance of 55.70 feet
57 degrees 31 minutes 53 seconds East for a distance o[ 89.60 feet
TItEIqCE South 35 degrees 41 minutes 23 seconds East for a distance of 101.30
feeC to an iron rod;
23 seconds East for a distance of 160.70
THENCE South 72 degrees 56 minutes
feet to an iron rod;
THENCE South 82 degrees 26 minutes 23 seconds East for a distance of 69.70
feet to an iron rod at the southeast corner of said Lena Schreiber tract, also
bein~ the southwest corner of a tract of land deeded to H.A. Thiede, as recorded
in ¥olu~e 504, Page 680, in the Deed Eacords of Dallas County, Texas, said iron
rod also'lying in the said centerline of Denton Creek;
THENCE along the south line of the said H.A. Thiede tract and continuin~ along the
said centerline of Denton Creek the following two (2) courses and distances:
THENCE South 65 degrees 41 minutes 23 seconds East for a distance of 262.00
feet to an iron rod;
Page 2 of 7.
TICOR TITLE
164180
TRAC~ 1 CON*T:..
THIiNCE South 89 degrees 39 minutes 23 seconds East for a distance of 184.78
feet to an icon rod at the northvest corner of a tract of la~ deed~ to the
of ~ppell n recorded in Volume 83005~ Page 3562 a~ Volu~ 8300~, Page 3569
the ~ed Records of ~llas County, Texas;
~ South 31 degrees 10 minutes 51 seconds Eas~ leavl~ said cenCerli~ o~ said
~n~on Creek a~ along ~he ~es~ line of the said City of Coppell Crate for a
distance of 1466.96 feeC co an iron rodl
~ Sou~h 41 degrees 10 minu~es 51 seconds ~as~ con~inui~ alo~ said ves~ line
of ~id City of ~ppell ~rac~ ~or a distance of 115.77 fee~ Co an i~on rodl
T~N~ ~u~h 04 desrees ~3 minu~es 22 seconds East con~inuin~ alon~ said ves~ line
of sad City of Coppell ~racC for a distance of 536.17 feeC ~o an iron rod~
~ Sou~h 35 degrees 29 mind,es 16 seconds Eas~ con~inuiq alo~ said ves~ line
of ~id City of Coppell crac~ ~or a ~s~ance of 1~8.08 feeC ~o an iron rodl
T~ ~u~h 01 degrees 11 ainu~es 53 seconds ~s~ con~iaui~ ~o~ said
li~ of said City of Coppell Crate for · distance of 61.1l fee~ Co an iron r~
~he southwest corner of said City of ~ppell
T~N~ ~r~h 67 degrees 2l minu~as 35 seconds Eas~ ~o~ ~he south Ene of said
City of Coppell crate ~or a dis~an~ of ~02.06 fee~ Co an iron r~ ac
sou~heas~ corner of said City ~ ~ppell ~racC~ ~id i~on r~ ~so lyi~ on the
said ~es~ R.O.~. line of sa~d ~nCon Tap Road;
~ Sou~h 01 degrees O0 minu~es 58 seconds Eas~ alo~ said ves~ l~ne of said
~n~on Tap ~ad ~or a ~s~ance of 1152.18 fcic co ~he POINT OF ~GI~I~
con~ainint 4~778,626.09 square feeC or 109.7022 acres of land.
TINCT 2:
BEING a 27.5650 acre tract of land situated in the S. A. & N. O. lt. R. Survey,
Abstract No, 1430 and the Clarimia Squires Survey~ Abstract No. 1327 in the County
of Dallas, Texas~ and being a portion of that certain tract of land as described
in deed from ~ood Financial Corp. to H. ~ouglas Adkins, Trustee, as recorded in
Volume 76188~ Page 2355 in the ~ed Records of Dallas County, Texas, and being
more particularly described as follows:
Page 3 of 7.
TICOR TITI.E
IqlIliBE It 164180
Ti~C~ 2 CoN'T,:
BEGIIqNIIqG at an iron rod at the intersection of the east line o~ Denton Tap Road
(a variable width R.O,W,) with the north line of Parkway Boulevard (88 feet wide)
as recorded in Voluna 84040, Page 3023 of the Deed Records of ~11as ~unCy,
Te~s; said poin~ bein~ ~he be~inni~ of a curve co ~he ri~h~ whose chord bears
~o~h Ol desrees 50 minutes 56 seco~s Ea8~ [or a distance of 33.35 feet;
~ in a northerly ~rection ~ons said cu~e Co ~he rifhC havi~ a radius
~679.70, a central anfle of 0 degrees 20 nlnute8 11 seconds, a Cansen~ leith
16.67 feet and an arc lenS~h of 33.35 feeC to an iron r~ aC ~he e~ of said cu~e
~o ~he rish~;
~ NotCh 02 desrees 01 minutes 02 seconds Ease, con~lnui~ alo~ the eao~ line
of said Denton Tap ~ad, a ~s~ance of 2t8.~0 [ee~ to an iron r~ for a~le
poin~;
~ North 07 desrees 13 minutes lO seconds hsC for a distance of 100.~0 [ee~
to an iron rod for a~le point;
T~ ~r~h 02 desrees 01 ~inuCe8 02 8econo h8~ a distance of 163.61 fee~ ~o an
iron rod for corner; said poin~ also ~l~ ~ ~sinni~ of a cur~ 2o ~
vhose chord ~ar8 North 7t desre~ 52 uinu~ t3 seco~s h8~ for a ~s~ance of
187.88 [eeC;
~ in a northeasterly direc~ion alo~ said curve to ~b~ left havi~ a radius
of 600.00 feet, a central a~le of 18 degrees O0 ui~es 51 8eco~o, a ~a~en~
lensch of 95.11 fee~ a~ an arc lens~h of 188.65 feet ~o an iron r~ aC the
said curve ~o the leiC;
TH~ ~r~h 65 desree8 52 minutes 16 seconds East a ~stance of 885.21 [eet ~o an
iron rod aC C~ befinni~ of a curve ~o ~he ri~h~;
~ in a northeasterly direc~ion alo~ said curve ~o the rishc havi~ a radius
si 33~2.11 fee~, a central a~le of 7 de,tees ~7 minutes 25 seco~S, a ~a~ent
lens~h of 232.1~ feeC a~ an arc lens~h si ~61.14 fee~ ~o an iron r~ a~ ~he end
of cu~e co the rifh~;
~ ~uch 27 desrees 52 ulnu~es il seconds ~8~ a distance of 666.10 feet to an
ir~ rod for corner in the northerly ll~ of said Parkvay Boulevard; said point
also ~inS the ~innins of a ~e ~o the lef~ ~ose ~ord ~ars Sou~h 60 defrees
23 ~inuCes Oi seconds ~es~ for a distance of 136.07 feet;
TH~ in a sou~hvesCerly direction alouf the northerly line of said Parkvay
Boulevard a~ said cu~e ~o the left ~vins a radius of 22ti.00 ieee, a central
ankle of 3 desrees 28 ninnies 30 seconds, a Cansen~ lens~h o~ 68.07 feeC a~ an
arc lensth of 136.10 feet to an iron rod a~ ~he e~ o~ said cu~e ~o the
T~ ~uth 58 desrees 38 minu~es 19 seconds ~es~, conCinuins alo~ ~he no~herly
11~ of said Par~ay ~ulevard, a distance si ~78.1~ feeC ~o an iron r~ a~ ~he
be~nnins of a cu~e Co the rish~;
ea~ ~ o~ 7. TICOR
~UNB~R 164180
TgACT 2 COHtT:,
THENCE in a southwesterly and westerly direction along the northerly line of said
Parkvay Boulevard a~ said curve Co the rish~ havi~ a radi~ of 1006,00 feet, a
central angle of 30 degrees 20 minu~es 13 ascots, a ~a~en~ length of 272,73 fee~
a~ an arc length of 532.66 ~eeC ~o an iron r~ a~ the e~ of said curve co the
righ~;
T~ ~u~h 88 d~grees 5~ ~nu~s 02 seconds ~es~, con~inui~ alo~ ~h~ northerly
line of said Parkway Boulevard, a distance of 6~.83 fee~ ~o the POI~ OF
BEGI~ING a2 containing 1,200,729 square fee% or 27.5650 acres of ~.
TRACT 3 .. :
Being a 66.64§3 acre tract of land situated in the Clarinda Squires Survey,
Abstract No. 1327, the S. A. & H.G.It.R. Survey, Abstract No. 1430 and the Sibered
Henderson Survey, Abstract No. 629 in the County o[ Dallas, Texas, and being a
portion of that certain tract o[ land aa described in deed from Coed ~inancial
Corp. to lt. Douglas Adkins, Trustee, aa recorded in Volume 76188, Page 2355 in the
Deed Records of Dallas County, Texas, and being more particularly described as
follows:
COt~iENCING at the southwest corner of
recorded in Volume 69241, Page 459 of
said corner bein~ on the north line of
a tract of land deeded to Ruth Perkins as
the Deed Records of Dallas County, Texas,
Sandy Lake Road (a variable width RoOoW.);
THENCE North 01 degrees 22 minutes 49 seconds West, along the west line of said
Perkins tract, a distance of 620.89 feet to the Point.of Beginnin~;
THEI~CE North 01 degrees 22 minutes 49 seconds West, a distance of 2084.13 feet to
an iron rod at the beginning of a curve to the left;
THENCE in a northwesterly direction along said curve to the left having a radius
of 209.09 feet, a central angle of 29 degrees 58 minutes' 22 seconds, a tangent
length of 55.97 feet, and an arc length of 109.38 feet to an iron rod at the end
of said curve to the left, said point being on the southerly line of Parkway
Boulevard (an 88 fooC R.O.W.) as recorded in Volume 84040, Page 3023 of the Deed
Records of Dallas County, Texas;
THENCE North 58 degrees 38 minutes 49 seconds East, along the northerly line of
said Parkway Boulevard, a distance of 422.54 feet to an iron rod at the beginning
of a curve to the right;
THENCE in a northeasterly and easterly direction along the southerly line of said
Parkway Boulevard and said curve to the right having a radius 2156.00 feet, a
central an~le of 30 degrees 35 minutes 31 seconds, a tangent length of 589.65 feet
and an arc length of 1151.15 feet to an iron rod at the end of said curve to the
right, said point being the northwest corner of the future unrecorded Parkview
Addition;
Page 5 of 7. TICORTITt~
NUIiBER 164180
TRACT 3 CON'T-'
THENCE South 00 degrees 56 minutes 25 seconds ~ast, along the vest Line of said
future unrecorded Parkview Addition for a distance of 646.78 feet to an iron rod
at the most westerly southwest corner of said future unrecorded Parkview Addition;
THENCE North 89 degrees 03 minutes 35 seconds East, along the south boundary line
of said Future Parkviev Addition for a distance of 230.00 feet to an iron rod at
the beginning of a curve to the right having a central angle of 14 degrees 29
minutes 32 seconds, a radius of 435.00 feet and a tangent length of 55.31 feet;
TH~ltCE Southeasterly, continuing along said south boundary line of said future
unrecorded Parkview Addition and along said curve for an arc length of 110.03 feet
to an iron rod at a point of reverse curvature to the left~ said curve having ·
central angle of 05 degrees 49 minutes 42 seconds, a radius of 665.00 feet and a
tangent length of 33.85 feet;
THENCE Southeasterly, continuing along said south boundary line of said future
unrecorded Parkview Addition and along said curve for an arc length of 67.65 feet
to an iron rod at the end of said curve;
THF~CE South 00 degrees 56 minutes 25 seconds East for a distance of 22.59 feet to
an iron rod at the most southerly southvest corner of said future unrecorded
Parkview Addition, said iron rod also lying on the abstract line separating said
abstract 1327 from said abstract 629~ said abstract line also being the north Line
of a tract of land deeded to J & E Company~ Inc.~ as recorded in Volume 79009,
Page 0433 in the Deed Records of DalLas County, Texas.
THENCE South 89 degrees 03 minutes 35 se.ronda West along said abstract line and
said north line of said J & E Company tract a distance of 1148.91 feet to an iron
rod at the northwest corner of said J & E Company tract;
THENCE South 01 degrees 04 minutes 16 seconds East leaving said abstract Line and
along the vest line of said J & E Company tract for a distance of 1419.83 feet to
an iron rod at the southwest corner of said J & E Company tract;
THENCE North 88 degrees 34 minutes 54 seconds East along the south line of said J
& E Company tract for a distance of 638.39 feet to an icon rod ac the northvest
corner o~ a tract o~ land deeded to John H. 8urns~ Jr. as recorded in Volu~e 2143~
Page 595 in the Deed Records of Dellas County, Texas;
THENC~- South 00 degrees §1 minutes 03 seconds West along the vest line of said
Burns tract for a distance of 1153.29 feet to an iron rod on the north RoOo~/. line
of Sandy Lake Road (a variable vidth R. 0.~/.);
THENCE South 88 degrees 28 minutes 22 seconds l~est along said north R.O. Wo line of
said Sandy Lake Road a distance of 677.68 feet to an iron ~od at the southeast
corner of a tract of land deeded to Shirley Harpold sa recorded in Volume 77116,
Page 627 in the Deed Records of Dallas County~ Texas;
Page 6 of 7.
TICOR TITI~
NU~B~-R 164180
TRACT 3 ¢0N'T:
THENCE North 01 degrees 54 minutes 52 seconds East leaving said north line
Sandy Lake Road, along the east line of said Harpold tract for a distance
564.07 feet to an iron rod at the northeast corner of said Harpold tract;
THENCE South 89 degrees 51 minutes 14 seconds West, alon~ the no.ch line of said
Harpold tract and the north line of said Perkins tract, for a distance of 630.05
feet to the Point of Beginning and containing 2,903,071 square feet, or 66.6453
acre~ sE land.
(. Page 7 of 7.
TICOR TITLE