Hager Contain/PP-ES 881020~TC GV% 540959 UT/bjp
STATE OF TEXAS
COUNTY OF DALLAS
BUILDING SETBACK RESTRICTION
This restriction is executed on the ~~ day of
$19.00
1988 by Connell Development Company (Connell), Owner.
RECITALS
1. Connell is the owner of 19.999 acres of real property
located in Dallas, County, Texas which is described by metes
and bounds on Exhibit "A", which property is encumbered as
follows:
(i)
Vendor's Lien retained in Deed, recorded in Volume
83219, page 2674, of the Deed Records of Dallas
County, Texas, and Deed of Trust Lien recorded in
Volume 83219, page 2679, of the Deed of Trust
Records of Dallas County, Texas, securing a
promissory note in the original principal amount
of One Million Four Hundred Thousand Dollars
($1,400,000) dated November 2, 1983, executed by
Connell Development Company payable to the order
of Executive Systems, Inc., said note and lien
collaterally assigned to Texas Commerce Bank--San
Angelo, N.A., by instrument dated December 21,
1987, recorded in Volume 88007, page~ 1612, Deed
Records of Dallas County, Texas.
(ii) Deed of Trust, Security Agreement, and assignment
of rents recorded in Volume 83219, page 2687, Deed
of Trust Records, Dallas County, Texas, securing
promissory note in the original principal amount
of Five Hundred Thousand Dollars ($500,000)
payable to Mercantile National Bank of Dallas (now
MBank Dallas, N.A.)
2. Connell has this date conveyed approximately two hundred
three thousand and ten square feet (203,010) of said
property to Hager Containers, Inc. (Hager) which is
described by metes and bounds on Exhibit "B".
BUILDING SETBACK RESTRICTION - (hager.res) - Page 1.
Connell desires to impose a thirty six foot (36') building
setback restriction along the southernmost boundary of the
property retained.
WITNESSETH
ae
Connell covenants and agrees with Hager that no building may
be built within thirty six feet (36') of the southern
boundary of the property retained by Connell. Said thirty
six foot (36') area is more particularly described by metes
and bounds on Exhibit C. Connell further covenants and
agrees that with respect to any development on the Connell
property, no portion of the thirty-six foot (36') area shall
be considered in calculating the building setback
requirements for the Connell property.
Be
This restriction is perpetual and shall run with the land
and inure to the benefit of Hager, it's successors and/or
assigns as the subsequent owner of the property described on
Exhibit "B" and shall bind Connell, it's successors and
assigns.
Ce
Enforcement of this restriction shall be by any proceeding
at law or in equity by Hager, it's successors and/or assigns
and the City of Coppell. The prevailing party in any action
to enforce this restriction shall be entitled to recover
reasonable attorneys fees.
BUILDING SETBACK RESTRICTION - (hager.res) - Page 2.
Connell Development Company
Mark Connell, Chief Exec. Officer
STATE OF TEXAS
COUNTY OF DALLAS
BEFORE me, the undersigned authority, a notary public in and
for the State of Texas, on this day personally appeared Mark
Connell, Chief Executive Officer of Connell Development Company,
known to me to be the person and officer whose name is subscribed
to the foregoing instrument and acknowledged to me that the same
was the act of the said Connell Development Company, a
corporation, for the purposes and consideration therein expressed
and in the capacity therein stated.
Given under my hand and seal of office, this ~~ day of
(?C~D ~ ~-Y~_ 19 8 8.
~ State of ~
my qommission expires:
Notary's Printed Name
consent and Subordination of Lienholder
The undersigned, legal Owner of one certain promissory note
secured by a deed of trust as described in the foregoing Building
Setback Restriction on the property affected by this restriction,
hereby consents to the restriction created herein and agrees that
notwithstanding any foreclosure, sale or deed in lieu of
foreclosure under or with respect to the undersigned's lien, the
provisions of this setback restriction shall remain in full
force and effect and said lien shall be and is hereby
subordinated to said setback restriction and shall remain
BUILDING SETBACK RESTRICTION - (hager.res) - Page 3.
inferior to same as if the setback restriction had been
executed, delivered, and recorded prior to the execution,
delivery, and recordation of the deed of trust in favor of the
undersigned.
EXECUTIVE SYSTEMS, INC.
By: MICHAEL HORN
Title: President
State of Texas
County of Dallas
Before me, the undersigned authority, a notary public in and
for the State of Texas, on this day personally appeared Michael
Horn, President of Executive Systems, Inc., known to me to be the
person and officer whose name is subscribed to the foregoing
instrument and acknowledged to me that the same was the act of
the said Executive Systems, Inc., a corporation, for the purposes
and consideration therein expressed and in the capacity therein
stated.
Given under my hand and seal of office, this /f~ day of
my co~mission expires:
Notary' s Printed Name
consent to Subordination
The undersigned, holder by collateral transfer of the note
and liens of Executive Systems, Inc., hereby consents to the
subordination of said liens by Executive Systems, Inc., as set
forth in this Building Setback Restriction and agrees to be bound
by said subordination in all respects.
BUILDING SETBACK RESTRICTION - (hager.res) - Page 4.
TEXAS COMMERCE BANK-- SAN
ANGELO, N.A.
By: John R. Owens
Title: Executive Vice President
State of Texas
County of Tom Green
Before me, the undersigned authority, a notary public in and
for the State of Texas, on this day personally appeared
John R. Owens , Executive Vice President of Texas
Commerce Bank--San Angelo, N.A, acknowledged to me that he had
executed the foregoing as the act of said Bank for the purposes
and consideration expressed therein and in the capacity therein
stated.
Given under my hand and seal of office, this
October 1988.
19th day of
my commission expires:
5-10-90
Notary Public in and for
the State of Texas
Bonnie Grounds
Notary's Printed Name
otary Pubhc, State of I-exas ~
My Commission Expires (J5/10/90 ~
BUILDING SETBACK RESTRICTION - (hager.res) - Page 5.
Consent to Subordination
The undersigned, holder by collateral transfer of the note
and liens of Executive Systems, Inc., hereby consents to the
subordination of said liens by Executive Systems, Inc., as set
forth in this Building Setback Restriction and agrees to be bound
by said subordination in all respects.
MBANK DALLAS, N.A.
State of Texas
County of Dallas
Before me, the undersigned authority, a notary public in and
for the State of Texas, on this day personally appeared
~'~ ~ ~ of MBank
Dallas, N.A., acknowledged to me that he had executed the
foregoing as the act of said Bank for the purposes and
consideration expressed therein and in the capacity therein
stated.
Given under my hand and seal of office, this
<'i'.~'~i~/ 1988.
day of
my commission expires:
Notary Public in and for
the State of Texas
Notary' s Printed Name
BUILDING SETBACK RESTRICTION - (hager.res) - Page 6.
BOUNDARY DESCRIPTION
BEING a tract of land situated in the Jesse Hoore Survey, Abstract N
the City of Coppell, Dallas Count .
o£ /and as de~--:L ..... Y- Texas and al-~ ~-~- o. 968 in
~-~u~u in deea to ov u~zng part of a 20 ac
2674 of the Deed D ........ Conne// Develo~me-, , ..... re tract
.... u~s o: ua/las County, Texas and being more particularly d~rPage
as follows: r..,- ~umpany ~n Volume 832 ~bed
CO~IENCING at a 1n iron pin at the intersection o£ the south line o£ Sandy lake
Road (Thweatt Road) (a S0 foot right-of-way) with the southeasterly line of State
High~ay 221 Ca 100 foot right-of-way), said point also being the northwest corner
o£ a 30.508 acre tract o£ land as described in deed to Baker ~ Associates Joint
Venture No. 7 in Volume 85015, Page 4136 o£ the Deed Records o£ Dallas County, Texas;
Thence EAST, g41.84 feet along the south line of Sandy Lake Road to a point for
corner; Thence South 0°11,00. East, 993.06 feet leaving the said south line of
Sandy Lake Road and along a mutual Boundary Line Agreement as recorded in Volume
85013, Page 4129; Thence North 8g°4g~o0,, East, S0.O0 feet to the POINT OF BEGINNING,
an iron pin for corner;
TtiENCE North 89°49,00" East, 606.12 feet to an iron pin for corner;
TIIENCE South 0°11 'd0" East, 336.65 feet to an iron pin for corner;
TItENCE South 8g°58~20. ~est, 606.i2 feet to an iron pin for corner;
TllENCE North 0°ll~00. ~est, 335.00 feet to the POINT' OF BEGINNING and containing
4.673 acres (203,548 square feet) of land.'
ROBERTS & DOWDEY CIVIL ENGINEE~
ACREY, ROBERTS & PIERSON, IJ~.~,~,~l~ ~-~--~[~ (~
THREADGILL - DOWDEY & ASSO~~~
16200 Dallas Parkway, Suit~/
DALLAS, TE~S 7524~///
TO
WE ARE SENDING YOU ~Affached [] Under separate cover via the following items:
[] Shop drawings [] Prints [] Plans [] Samples [] Specifications
[] Copy of letter [] Change order []
COPIES DATE NO. DESCRIPTION
' " tdy/
THESE ARE TRANSMITTED as checked below:
[] For approval
,~or your use
.~s req u ested
[] For review and comment
[] FOR BIDS DUE
[] Approved as submitted
[] Approved as noted
[] Returned for corrections
19
[] Resubmit
[] Submit__
[] Return
copies for approval
copies for distribution
corrected prints
__ [] PRINTS RETURNED AFTER LOAN TO US
REMARKS
COPY TO.
PRODUCT24~3 ~IAc.,G~A, Mm 01471
SIGNED~
If enclosures are not as noted, kindly notify us at once.
SETBACK DESCRIPTION
BEING a tract of land situated in the Jessie Moore Survey, Abstract Ho. 968, in
the City of Coppell, Dallas County, Texas and also being part of a tract of land
as described tn the deed to Connell Development Company as recorded in Volume 83219,
Page 2674 of the Deed Records of Dallas County, Texas and being more particularly
described as follows~
COMNENCING at an iron pin being the southeast corner of the platted Royal Lane
Extension dedication as recorded in Volume 88118, Page.877 of the Plat Records of
Dallas County, Texasl Thence North 00'11'00" 'West along the eastern right-of-way
of Royal Lane (a 100 foot right-of-way) a distance, of 335 feet to the POINT OF
BEGINNING! :
THENCE. North 00'11'00' Wast, along said right-of-way, a distance of 36 feet to a
point for a corner~
THENCE North 89'49"00" East, departing said right-of-way, a distance of 606.12 feet
to a point for · corner, said point being in the west line of a tract of land as
described in the deed to H.?. Ardinger, Jr., as recorded in Volum~ ~1087, Page 0323
of the Deed Records of Dallas County, Texasl
THENCE South 00'11'00" East, along the west line of said Ardinger Tract a distance
of 36.00 feet to the point for corner~
THENCE South 89'49'00' West, a distance of 606.12 feet to the POINT OF BEGINNING.
.CONNELL DEVELOPMENT CO.
FoI.R./'
$ 00"1 I' 00" E
36.00'
606. I 2'
36~ ~ETBACK
RECORD AND RETURN TO:
Mr. Mark W. Connell
Connell Development Co.
10939 Shady Trail, Suite B
P. O. Box 541057
Dallas, Texas 75354-1057