Town C AddL2/SP-CS00051705/17/00 WED 16:39 FAX 214 745 5864 WS&M DALLAS FLOOR 54 ~001
WINSTEAD SECHRIST &MINICK
1V'J,~ No.
D~ct No.
Dire~
(214) 745-5400
(214) 745-5390 [,rt,~e ~ S ~t~g~]
(214) 745-5745
'~-m~e
1201 Elm Sm:ct
Tex~s 75270.2199
~arJ..~m~L-~or,., Esq.
-,=:h=rsor. L~ wins~Lcom
FAX COVER SHEET
RECIPIENT PHONE NUMBER FAX NUMBER
Bob Hager (214) 965-0010
Sender Arthur J. Anderson
Page(s) 9 pages (including cover)
Date May 17, 2000
Client 179:18949-5
Should transmission problem occur, please call:
Paget Grimes (214) 745-5747
Art Anderson (214) 745-5745
X Jimmy Wilson or Chris Green (2]4) 745-5483
MESSAGE:
Thc information contained in th[s facsimilc message is attorney priv;]eged ,~ud confidential information intended for the uae of the {ndividual or entity
~mmed above. If thc reader o{'this mcssage [.~ not the intended recipient, orfl~c employee or agent responsible to dcliver it m thc in[enclcd recipient, you
are hereby notified that any dissemination, distribution or COl~ying of thks communication is strictly prohibited. If you have received r~is tax in error,
please immediately notify tis by telephone, and return the original message to us al thc above addre~,~ via thc U. S. P~.~tal Service. 3250863
MRY 17 '00 17:00 214 745 5864 P~GE.01
WS&M DALLAS FLOOR 54
0 : :~:4,~I:~! : 972 991
~002
WSM D&LLAS:# 2
1989
6940
Re: MacA=thur Extension
Deac Mi~e,
draf~ 6~ Tri-Party Contrac~ i~ which ! have a~tem~Ce~ ~o
Hurt. The enclosed has been 're~-li~d" to S~OW the c~a~gel
from the prior draft thereof.
By copy of ~his letter, I am havAng .a~ditional cgpiee, of the
encloaed hen5 delivered to. ~essr$. Hznckle2 an~ Kid~.
By copy of t~i8 letter, !almo mm telecopying copies or CAe
camel ~o COnltrUct the Denton Creek bridge have been tmnded.
Znc].oSUrm
50338 {10)
l~icltard ~. Dooley
Mr. Glen A. HincXIey (w/enc.) - HAND DElIVERy
Mr. John B. Kidd {w/eric.) - HAND DELIVEK¥
Mr, Jeffrey W. ~urt (w/atta~%,; , VrA TEL~COP¥
Mr. Law=mnce W, Jackson (w/a~taoh,) - VIA TELZCOFY
~IRY 17 '00 17:00 214 745 5864 PRSE.02
0.5./17/00 WED 16:39 FAX 214 745 5864 WS&M DALLAS FLOOR 54 ~003
~hia ?r£-Par~y Con~ac~ ("Con~rac~") £S made aha sabered
[n~o aa o[ C~e day o~ , ~89 (t~e "g~ee~tve
Date"), by and- among The ~a~ka O~"-Coppell Joint Venture Il
("Venture"), a Taxa~ ~oint venture, acting by and through itl
corpora~£on ~nd ~ol~cal subdiv~eio~ of ~he S~ace o~ Texas,
f4ortgage & Realty, Znc. ('Vista"), a Texas ~arpore~ton, acting
by and through i~a duly authorize5 officer,
WHEREAS, Venture owns that ce:tala land described in
Exhibit A attached hereto and, incorporated herein by reference
for al~ ~urposes (~e 'venture Right-of-Way'); and
WHIREAS, City and vista wish to cause the constructiea of
an ascension o~ MacArthur Boulevard aleng ~ha~ eettai~
right-De-Way (which includes [he Venture Righe-o~-Way) depicted
on ~xhibit e atcac~e~ he,etD and incorporated herein by
re:greece :ar ail purposes (the '~aCArthur Extension") pursuant
t~ the plans end specifications described in Exhibit C attached
hereto and incorporated herein by referemce for all purposes
(the "Plans"); and
~rdEagA$, =ub acc to ~he
~on of the ~acArthur
Extension in accordance ~ith the Plans and to cause the
construction Of a bridge acro~ DentO~ Creek aS a part
~acArehut eeuleva:d as ex~ended (the 'Bridge"),: and
W~RF. AS, City an~ Vista have requeste~ Venture to execute
an~ deliver the De~icatiou Deed a~tached here~o es Exhibit D
and tncorpocated herein by reference for all purposes, aursuant
to which Venture dedicates to ClOy the Venture Right-of-Way
which is necessary, together with other right-el-way,
Dedication Deed upon She terms ina conditions contained he~ein;
an~ of thm agreements containe~ herein~ Vencure~ City an~ Vista
hereby agree as :o[lowa~
MAY 17 '00 17:~1 214 745 5864 PRGE.03
05/17/00 WED 16:40 FAX 214 745 5884 WS&M DALLAS FLOOR 54
7500
~004
o~ City end ViSta con~'ained herein ~1~_o~ w~i ~ are
execute a~d ~d~ive r ~o s ~0
City, The
Dedication Deed c~n~sin~ a condi~nal l~m~ati~n on ~itle
pursuant bo w~fch title to the Venture Ri~ht-o~-~aM
autometi~all7 reverts to venture i~ the construction Et
MaCArt~u~ ~xtensicn~~
befare j~ey 1, 1~0 ~ot commenced
Conetruc~ion of the '
MacA~ur Extension shall be deemed commenced when gradin~ of
the ratght-of-we¥ ~h~refor begins,
~rl~_~hall be deemed cemented w .nd construction o
2, ~ns2tuC2ion ~OS~ Fund~pa. Vts:a hereby ~on~irms
Venture tha~ vista has-agreed t~
fund to ~he RU~ ~he money
necess~r~ ~o pay all costs to construct the MscArt~ut Extension
in accordance ~Ath ~he Plans.
_..3. . ~ Vista hereby agrees ~i~h
Ill nqt fund any money ec the =,~ , ..... ture.~at Vista
acart~ur ~tension and ~.~ ~.~u,_ ~? c~sttuct~on o~ the
conatr~ction oe the ~acArt~,,- ~--~
the Sri. dge has commenced. -- ---ens~on
. 4, ~, After the
Extension is commen~=~ ....... · _ Of th~ MecA:thur
5. ~_~ C~ar~le ~o ~. Ci~F hezeb7 agrees that
Venture 1 not be subjected to any charge relating to She
constructio~ of she ~ecArehur Extension
the Bridge (the "~oad and Brid-e ~ .... ,,°r_~he .?ns2ruction o[
of Venture, ~ ~o~ ; other ~nafl t~
, a pro rata sha~- -~ ~--. · payment
Veneers aight-o:-Wi~an~ v .......... . scene to
ute or proceed[n~
~IRY 17 '00 17:01 214 745 5864 PRGE.04
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/
~005
w~M D^I,L^$: # ~
· ridge COSTS Diner than the Agreed Pro Rata Charges, City
ag:acs tha~ City e~ther will not a~empt ~0 collect such cha~ge
o~ ~ha~ C~ty ~11 ~ay such charge.
6. Pa~k ~lnd _Donat.£on Agreeaenk. Az used here~n, "Park
Land Oona~o~ Agreement" ~eans t~a~ ffe~ain Pack Lan~ ~ona~on
A~reement, dated ~ovember ~4, I~BY, ~etween Cop~ell
center, Inc. ("CTC") and City, pertain~ng to ~he c~nstr~c~io'n
o: a la~e upon certain land described ~he;e~n and the
subsequen~ Oonation of such land to City. ~'Cit¥ hereby agrees
Donation Agreement unless the Commencement Dire (as defined in
cbc Park Land Donat£on Agreement) doe& net occur on o£ before
one (~) ~ea= a~te: the ~acArthur ~en$~o~ Completion Date.
City ~urthec agrees that Cit~ will no: have t~e right to
terminate the Pat~ Land Donation Agreemen~ unless the
Com~le~on Date (as defined in the eat~ Lend Donation
Agteem/nt) does eot occur ~ or belote ~wo (~) gears a~ter the
~acArthur Extension comp~etioR Date. The provis~o,a of this
paragraph ate an amendemnt ~0 the Perk ~and OcnattO. Agreement,
and OTC has Joined in ~he execu~ion Qf this
the purposes 0: acknowledging ~uch amendment.
?, L~ke ~ack ~d~i~lO~ Preliminary Plat. Clt~ has issued
approve! 6f a ~relimi~a~ plat' filed Wi:.~~¥ Venture ~0£
Pat~ -A~dft~on
a~rov~l of the Lake Park Additions~ Preliminary Pile until
that date which is one (l) year af%e~ ~he M&cAr~ur
Co~plekion
8. Aor~cultural U~e. The lands o~ned by Venture
~o the Venture Right-Of-Way ~Eesently i8 being used
mea~u£~s wtthln 'Vis~a"s control
co ........ ' %o cause the RUe (if the Rue
nacc~c~a the aaci:thur ~tension) tO take all
action~ neqesaary to inlure that such agricultural uaea ate
of the l~acA~thur Extension, I~ Vista constructs all or any
pa£t qf the NecAr~hur Extension, Vista agrees to take all
reasonable actions necessmtr to insure that such agricultural
uses are materially ~nter~ere~ with in connection wi~h the
cons~ruction, of the ~acArthur ~xtsnaion.. ~¢i~7_=.ag~ees_ _- _ ~_e~at=_~ ritz
9, ~etail Trac},. A Portion 0£ ~he lands ow~ea by'Venture
Tract"~°neda~under the ~oning ordinances Og C~~
MAY 17 '00 17:02 214 745 5864 PAGE.05
05/17/00 , ~I~'ED 16:41 FAX 214 745 ,557~4 W$&M DALLA$ FLOOR 54 ~006
10., ~, Within ten (~0) daze after Cbs E~ective
hereto lwith written evidence o£ the aubhocity og the person(s)
executing this ContraC~ on behalf o~ ~he applicable part~.
A. ~E the construction
commenced e~ re Ma 1
Reverber, and this Conbract shall lapse and become null and
veld,
commenced D fo · Ma l, lg 0 ant Vista ~sils or re~uaea ~o
pay or perform any outy or obliga~ion cE Vista im$oaed by
~h~s ¢ont~ac~ and such ~alluze or refusal is no~ cured
within tin (10) days e~er Venture has delivered written
notice =hereo~ to vista, Ve~ture at Van=ureas election may
eisner (i) enforce specific performance o~ the dutT ~r
o~ligation which Vie~a has failed or refused ~0 pay or
per/cfm (~ha "Spe~ific Performance Remedy'), or (ii) pay or
perform or causv ~he payment or performance cE the du~y or
obligation which Vises has failed cc refused to ~sF or
perform (~he "Cu~e
Remedy-). The 8pacific PerfOrmance
Remedy shall include both mandatory (a court .o~der to Vista
to pay or perform a s~ecl£ic act) and prohi~txve (a court
order to vista to no~ perform a specific act)'relief. If
[en~ure elects the Cure Remedy. vista hereby agrees to pay
venture in casa upon written de~3nd the ~otal O~ (z) ill
out o~-poeket ~ co~s paid by Venture in
~nnec~ion ~he~ewith [ezcl~din9 ~ny supervisory COSta or
c~nancin~ charves), ~..~.~,. (y) ~hat amoun~ equal ~o ~wen~y
pe~cen~ (20%) of ~he amount of clause (x) (~c compq~aa~e
Venture ~or supervisory costs er ~inaacing charges)~ ~
C. I£ ~he construction o~ the ~aeArthur ~stensLon is
commenced e ~e ~& ! I ~ and
pay or percorm City'S- -duties or oblig~tions unde~
MaY 17 '00 17:02 214 745 5864 PF]GE.06
05/17/00 WED 16:41 FAX 214 745 586.4 W$&~f DALLAS FLOOR 54
~007
WSM DAT.I.AS: ~ 7
not cured wt'Uhin*'~(lO) days a~ter Yenbure has delivered
cbli~atiom which C£~y has ~a£1ed Ot re,used tO pay Or
perfo~,
~. Tho remediem set ffor:~ in ~hie ~aragtaph ere :he
exclusive remedies ~ Venture ~ot Vts~a'm o~ ¢i:¥'a :ailu:e
or £e~usal to ~ay et per,arm ~he duties e~ obligations
i~poaed u~on the applicable party by this Contract.
12, AttOrneys' Fe~s_. Shoul~ any ~atty to this Contract
commence ~egal ~rocee~i~g~ against any other party ~o this
Con~ract to es:orca :he terms and prov~sion~ off Chis Contrac:,
the party losing ~n such legal proceedings ~hall p~
legal proceedings.
o~ this Contract, and all Part~em hereto have agreed that
strict compliance is required aa :~ any da~e met £orth herein,
If the final date ag any period which ia seb ~orth in any term
or provis~on o~ this Contract falls upon a Saturday, Sunday or
Legal holiday under the laws o£ the United .States or the
shall be ascended bo the next day which is not a
Sunday or ~egal holiday.
14, ~Otices. Any notice :equlred at desired :o ~e lyes
~o. any par~Y hereto shall be deemed 20 b- a.~ ..... . ,,, _~ .-
aa~e of delivery, Ig ha-~ ~-~' ....... ~.~-.--u~eu ~xl on
e appizc~le party set out below auo~ sr
signatu=e hereinbel0w An .... -- ~ ...... p ty
--- : -- -c--T-- ~s actually received br cna other patties
hereto, the ~ast adoteau ot much party ~esi~SCed ~or no
shell remain such parby's address £or notice,
15, ~evetabilit2. ~ any &erm or ptovlslon O~ this
Contract iS halo to be illegal, invalid or unen~otcsible, the
legality, 7ali~ity and en£orceabilit2 o[ the remaining
and provisions of chis Conerac~ shall not be affected thereby,
and in lieu of each such illegal, invalid or unengorceable Corm
Or provision theft shall be added automatically tO this
Contract a legal, valid and enforceable te~m at pr~viaian aa
similar aa possible ee ~he te~m o~ provision declared illegal
invalid and umenforceable.
- G .
HR¥ 17 '00 l?:a2 21d 7~5 5864 R~4GE.07
05/17/00 WED 18:42 FAX 214 745 5884
W$&M DALLAS FLOOR 54
: ~:~i'M : 972 ~)91 7500,4
0O8
16, Waiver. 'Any party hereto shall have the right to
waive any requirement contained ~n %his Contract, which is
ln~.nded £or tb~ ~aivin9 ~artF's benefit, hut, except a~
otherwise specifically provided herein, such waiver shall be
effective only if in wrt~in9 'executed by ~he party for ~hoee
benefit such requicemea~ t= intended,
17, Ceph, ions. The captions used in connection with ~ho
and shall not ~e deemed to expand et limit the meaning of the
~an~uage o~ this Contract.
18. ~se_ of LaBauaqe. Wards of a~y gender used in this
Contract shall ~e ~1~ and c~nstrued to include any ~the~
gender, and words in the singular shall be held ~o include the
plural0 un,ess the contex~ otherwise requires.
Z~. ~cver~t.nc ~aw {~d venue, This Contract and all of the
transactions contemplated her-~-in shall be governed by and
construe~ in accordance with the laws of ~he State of Texas,
d~s~u~e concerning this Contract o; any 0£ the transactions
coneemplated herein shall Me tn snr route o~ compa~ont
Jurisdic~iofl in Dallas County, Tease.
20. /~tL~;/l.~..~lZ~, venture shall have the r~ght ~o assign
Venture's rights and remedies under this Co, tract to parties
which purchase all or portions o~ ~he lands owned ~¥ Ve~t~ro
ad, scent to ~he MacArthur Extenoio~. Ne~her City nor Vista
shill have the ri~h~ to assign an~ of 'the applicable Earty'8
without ~he express pri.o~ written consent cf Venture.
agreement among the ~es heroes
part with respect to the ~ub~ect
matter hereof and supersedes all prior ogreemeflk~ whether
writte~ or oral.
22, Amendment, Except as otherwise specifically ~rovided
heroin, this-contract may no~ be amended, varied or ~ermineted
ezcep~ by an agreemen~ in writing executed by City, Venture and
23, ~din9 effect,. Except as otherwise provided herein,
this ContraC~shal~ ~e binding upon and laura to ~hs beaofi~ O~
City, Vesture and Vises and their respective successors and
number of counterparts, each O~ which shall be In oilginal, and
all o~ which sAall be deemed to be one end the alms insC=umene.
MR¥ 17 '0~ 17:03 214 745 5864 PRGE.08
05/17/00 WED 10:42 FAX 214 745 5804 WS&M DALLAS FLOOR 54
/
~009
M£chael ~. Allen
~oink Venturer
Joink VenOus:er
joh i'dd
~oint Ven~ure~.
C£~y O~ Ceppel!
P.O. Box 478
C~ppell, Texas 75019
A~n: ~ayor
By:
Th~ Stacy $uzanne Allen
Sgectal Trust,
The Chzlatine Anne Allen
SPecial Trust,
The David Cfittenden Allen
8y
M£chael"~. ~llen --
A~tcr~ey-£n-Fac~ lot
eac uch
VISTA:
VISTA MORTGAOE & REALTY, INC.
v~sta Mortgage & Realty, Inc.
2001S~¥an Tower, Suite 3500
Dallas, TaKeS 75201
T~e Parks o6 ceppsll
Joint Venture Il
12770 Col~ Road, Suite 1215
Dallas, T~zas 75~51
COPP~LL TOW~ CZ~TZR, INC.
Sy
50385
Coppell To~n Ce~er, Inc.
12770 Col~ aoad, suite 1215
Oallal, Texas 7~251
MaY 17 'On 17:03 214 745 5864 PAGE.09
Article 6. INTEREST.
No interest shall ever be due on late payments.
Article 7. CONTRACTOR'S REPRESENTATIONS.
In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following
representations:
7.1. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface
conditions and drawings of physical conditions which are identified in the Supplementary
Conditions as provided in Item 1.3 of the General Provisions, and accepts the determination set
forth in Item SC-1.20 of the Supplementary Conditions of the extent of the technical data
contained in such reports and drawings upon which CONTRACTOR is entitled to rely.
7.2. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining
and carefully studying) all such examinations, investigations, explorations, tests, reports, and
studies (in addition to or to supplement those referred to in paragraph 7.1 above) which pertain to
the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost,
progress, performance, or furnishing of the Work as CONTRACTOR considers necessary for the
performance or furnishing of the Work at the Contract Price, within the Contract Time and in
accordance with the other terms and conditions of the Contract Documents, including specifically
the provisions of Item 1.3 of the General Provisions; .and no additional examinations,
investigations, explorations, tests, reports, studies, or similar information or data are or will be
required by CONTRACTOR for such purposes.
7.3. CONTRACTOR has reviewed and checked all information and data shown or indicated on
the Contract Documents with respect to existing Underground Facilities at or contiguous to the
site and assumes responsibility for the accurate location of said Underground Facilities. No
additional examinations, investigations, explorations, tests, reports, studies, or similar information
or data in respect of said Underground Facilities are or will be required by CONTRACTOR in
order to perform and furnish the Work at the Contract Price, within the Contract time and in
accordance with the other terms and conditions of the Contract Documents, including specifically
the provisions of Items 1.3, 1.20 and 1.21 of the General Provisions.
7.4. CONTRACTOR has correlated the results of all such observations, examinations,
investigations, explorations, tests, repons, and studies with the terms and conditions of the
Contract Documents.
7.5. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies
that he has discovered in the Contract Documents and the written resolution thereof by
ENGINEER is acceptable to CONTRACTOR.
41
Bidding and Contract Documents
Article 8. CONTRACTOR DOCUMENTS.
The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR
concerning the Work consist of the following:
8.1. This Agreement (pages 39 thru 44, Section I inclusive).
8.2. Exhibits to this agreement (immediately following this Agreement, inclusive).
8.3. Performance, Payment, and Maintenance Bonds and Certificate of Insurance.
8.4. Notice of Award.
8.5.
Part 1: General Provisions of the Standard Specifications for Public Works
Construction, NCTCOG, latest edition.
8.6.
Supplementary Conditions to the NCTCOG, Part 1: General Provisions (pages 53
thru 60).
8.7.
Specifications bearing the title: "Construction Specifications and Contract Documents
for the construction of drainage, water, sewer, and paving for Dividend Drive,
Gateway Business Park No. II, Coppell, Texas, Project No. ST9802 for the City of
Coppell.
8.8.
Drawings entitled: Drainage, water, sewer, and paving for Dividend Drive,
Project No. ST9802.
8.9. The following listed and numbered addenda:
8.10. CONTRACTOR's Bid Proposal and Bid Schedule of Section 1 - Bidding and Contract
Documents.
8.11. Documentation submitted by CONTRACTOR prior to Notice of Award.
8.12.
The following which may be delivered or issued after the Effective Date of the
Agreement and are not attached hereto: All Written Amendments and other documents
amending, modifying, or supplementing the Contract Documents pursuant to Items 1.37
and 1.38 of the General Provisions.
8.13. The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement
(except as expressly noted otherwise above).
The Contract Documents may only be amended, modified, or supplemented as provided in Items 1.37 and
1.38 of the General Provisions.
42
Bidding and Contract Documents
AN ORDINANCE OF THI~ CITY OF COPP]~LL, TEXAS
ORDINANCE
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COPPELL, TEXAS, AS
HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE HEREINAFTER
DESCRIBED PROPERTY TO THE NEW ZONING CLASSIFICATION HEREIN STATED;
PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE
SUM OF TWO HUNDRED DOLLARS ($200.8(]) FOR EACH OFFENSE; AND DECLARING
AN EFFECTIVE DATE.
WHEREAS, the City Zoning Commission and the Governing Body of the City of
Coppell, Texas, in compliance with the laws of the State of Texas with reference to
the granting of zoning changes under the zoning ordinance and zoning map, have given
requisite notices by publication and otherwise, and after holding due hearings and
affording a full and fair hearing to all property owners generally, the said Governing
Body is of the opinion that said change of zoning which is on application of UNIVF~T
I~C. should be granted and the Comprehensive Zoning Ordinance of the City of Coppell
should be amended in the exercise of its legislative discretion:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
SECTION 1. That the Comprehensive Zoning Ordinance of the City of Coppell,
Texas, be and the same is hereby amended by amending the Zoning Map of the City
of Coppell, to give the hereinafter described property a new zoning district classification,
to-wit:
"TH-2" Town House-2 Zoning District Classification
Said property being described as follows:
BEING a tract of land situated in the Clarinda Squires Survey, Abstract
No. 1327, Dallas County, Texas and being a portion of that certain tract
of land described by deed to the Parks of Coppell Joint Venture II as
recorded in Volume 81239, Page 1382, Deed Records Dallas County, Texas
and being more particularly described as follows:
COMMENCING at a point of intersection of the east line of Denton Tap
Road (a variable width right-of-way) with the north line of Sandy Lake
Road (a variable width right-of-way); Thence along the said east line of
Denton Tap Road the following courses and distances: N. 47° 45' 13" W.,
73.112 feet; Thence N. 3° 18' 58" W., 139.20 feet to the beginning of a
curve to the right having a central angle of 2° 18' 00" and a radius of
5679.70 feet; Thence along the said curve 227.98 feet to the end of said
curve; Thenee N. l' 00' 58" W., 1983.30 feet to the beginning of a curve
to the right having a central angle of 2° 15' 09" and a radius of 5679.70
feet; Thence along said curve 223.29 feet to the end of said curve; Thence
N. 880 59' 02" E., 649.74 feet leaving the said east line of Denton Tap
Read to the beginning of a curve to the left having a central angle of 30'
20' 13" and a radius of 1050.00 feet; Thence along said curve 555.96 feet
to the end of said curve; Thence N. 58° 38' 49" E., 578.14 feet to the
beginning of a curve to the right having a central angle of 30° 20' 52" and
a radius of 2200.00 feet; Thence along said curve 1165.27 feet to the
POINT OF BEGINNING;
THENCE NORTH, 523.22 feet to a point for corner;
THENCE N. 87° 44' 42" E., 940.20 feet to a point for corner;
THENCE SOUTH, 787.26 feet to a point for corner in a curve to the left
running in a northwesterly direction and having a central angle of 28° 24'
05" a radius of 1900.00 feet and a tangent bearing of N. 61° 40' 53" W.;
THENCE along said curve 941.83 feet to the end of said curve, and to
the beginning of another curve to the left having a eentral angle of 0°
55' 21" and a radius of 2200.00 feet;
THENCE along said curve 35.42 feet to the Point of Beginning and
containing 13.205 acres (575.209 square feet) of land.
SECTION 2. That all ordinances of the City in conflict with the provisions of
this ordinance be, and the same are hereby, repealed and all other ordinances of the
City not in conflict with the provisions of this ordinance shall remain in full force and
effect.
SECTION 3. That the above described property shall be used only in the manner
and for the purposes provided for in the Comprehensive Zoning Ordinanee of the City,
as amended herein by the granting of this zoning classification.
SECTION 4. That should any paragraph, sentence, subdivision, elause, phrase or
section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid,
the same shall not affect the validity of this ordinance as a whole or any part or
provision thereof other than the part so deeided to be invalid, illegal or unconstitutional
and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole.
SECTION 5. That any person, firm or corporation violating any of the provisions
or terms of this ordinanee shah be subject to the same penalty as provided for in the
Comprehensive Zoning Ordinance of the City, as heretofore amended, and upon convietion
shall be punished by fine not to exceed the sum of two hundred dollars ($200.00) for
each offense, and that each day such violation shall continue to exist shall constitute
a separate offense.
APPROVED AS TO ~EORM:
~ CITY A~TTi~O,I{N EY
CZ12-783
SECTION 6. It is necessary to give the property described herein the above
mentioned zoning classification in order to permit its proper development and in order
to protect the public interest, comfort and general welfare of the City. Therefore,
this ordinance shall take effect immediately from and after its passage and publication
of its caption, as the law in such eases provides.
DULY PAS~I~D by the City Council of the City of Coppell, Texas, this the /~.~ ~
T¥ SEC_R~ETARY
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF COPPELL, TEXAS
WHEREAS, Parks of Coppell Joint Venture II,
hereinafter called "Owner," is the Owner of certain real
property located within the City of Coppell, Texas (hereafter
called "City"); and
WHEREAS, the City has exercised its option to purchase
a Park site of 53.398 acres of land locatea within Owner's
property, as more particularly described in the attached
Exhibit "A", Dy notice of exercise dated as of March 11, 1986,
pursuant to that certain "Option Agreement -- Phase II" dated
December 30, 1982, as amended by Amendment to Option Agreement
and to Collateral Assignment dated July 31, 1985; and
WHEREAS, the option price of $373,800, paid on
December 30, 1982, will be applied pursuant to the Contract of
Sale to the total purchase price for the Park Site of $388,800;
and
WHEREAS, that certain appraisal prepared at the
request of the City by Bill Dotson & Associates inaicates that
the appraised fair market value of the Property as of May 31,
1985 is $2,035,000; and
WHEREAS, the City Council has concluded that the
Property has been made available to the City by the Owner at an
advantageous price which is substantially less than its true
fair market value, as indicated by the appraised value thereof
when compared to the purchase price; and
WHEREAS, the City Council has concluded that the Mayor
of the City should be authorized and directed to execute on
behalf of the City all contracts, memoranda of contracts,
notes, deeds of trust, and all Other instruments necessary to
effect such purchase, including any necessary modification to
such instruments as first drawn and considered by the City
Council.
NOW, THEREFORE, B~ IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF COPPEbL, TEXAS:
SECTION 1. That the actions of Lou Duggan, the person
holding the office o~ Mayor of the City of Coppell, Texas, in
executing and delivering on behalf of the City the notice of
exercise of the aforesa~ option are hereDy ratified, confirmed
and approved, and is hereby authorized and ~irected to execute
for an~ on oei~alf of the City, without further authorization
from the City Council, a Memorandum of Contract of Sale between
the City and Owner in form an~ substance satisfactory to said
Mayor and legal counsel for the City, to deliver the cash
portion of the purchase price for the Park Site ~ursuant to the
Contract of Sale, and to execute all other instruments and
perform all other acts necessary to effect the orderly purchase
of the property descriDea in Exhibit "A" attacl~ed hereto and to
perfect the security thereon.
SECTION 2. T~is resolution shall take effect
immediately from ano after its passage.
SULY PASSED, by the City Council of the City of
Coppell, Texas, on the llth day of March, 1986.
ATTEST:
SECRETARY
5880A/ILH
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I, ~O~U--~f~f~AO& , Cit%' Secretary o~ t~e City
of Coppell, Texas, a Municipal Corporation, do hereby certify
that a meeting of the City Council of the City of Coppell was
held on the llth day of March, 1986, at which a quorum was
present, and acting throughout, the foregoing resolution was
adopted, the same now is in full force and effect.
I do further certify that, as of tnis
date, ~-oU ~)il~.(k~ ms the Mayor of the City of
Coppell, having been duly elected to such office and now
holding the same.
IN WITNESS WgEREOF, I have nereunto set my hand as
City Secretary of the City of Coppell, Texas, this ~l~day of
March, 1986.
5880A/ILH
CItY SECR_~ARY
-3-
PHASE TWO
BOUNDARY DESCRIPTION
BEING a tract of land situated in the Clarinda Squires Survey, Abstract No
IJ27 and the S.A. & M.G.R.R. Survey, Abstract No 1430 in the City of Coppell,
Dallas County, Texas and also being part of a tract of land a~ described in deed
from Good Financial Corp. to M. Douglas Adkins, Trustee, as recorded in Volume
76188, Page 2355 of the Deed Records of Dallas County, Texas and being more parti-
ularly described as follows:
BEGINNING at a point of intersection of the east line of Denton Tap Road (a
variable width right-of-way) with the centertine of Denton Creek, said point also
being the most southerly southwest corner of a tract of land as described by deed
to Pure Ice and Cold Storage Co. and recorded in Volume 65694, Page 1496 of the
Deed Records of Dallas County, Texas;
THENCE along the said centerline of Denton Creek, and the said south line of
the Pure Ice and Cold Storage Co. tract the following courses and distances:
N.79°OT'25"E., 147.77 feet; Thence N.lS°31'25"E., 171.67 feet; Thence N.48°O7'25"E.,
160.00 feet; Thence S.61°52'35"E., 185.00 feet; Thence S.85°52'36"£., 600.00 feet;
Thence N.88°O7'25"E., 340.00 feet; Thence N.77°O7'25"E., 300.00 feet; Thence
N.27°O7'25"E., 380.00 feet; Thence N.72°OT'25"E., 180.00 feet; Thence S.55°52'35"E.,
171.70 feet to a point for corner;
THENCE-leaving the said centerline of Denton Creek, and the south line of the
Pure Ice and Cold Storage Co. tract, S.0°52'35"E., 1437.15 feet to a point for .
corner in a curve running in a southwesterly direction and having a
central angle of 13°19'34'' a radius of 2200.00 feet and a tangent bearing of
S.75°26'53"W.;
THENCE along said curve 511.69 feet to the end of said curve;
THENCE N.27°52'41"W., 710.40 feet to a point for corner in a curve
running in a southwesterly direction and having a central angle of 7°57'25'' a
radius of 3342.11 feet and a tangent bearing of S.73°49'41"W.;
THENCE along said curve 464.14 feet to the end of said curve;
THENCE S.65°52'16"W., 885.24 feet to the beginning of a curve to the right
having a central angle of 18°00'54'' and a radius of 600.00 feet;
THENCE along said curve 188.65 feet to the end of said curve, same being on
the said east line of Denton Tap Road;
THENCE along the said east line of Denton Tap Road the following courses and
distances; N.2°OI'O2"E., 388.26 feet to the beginning of a curve to the left
having a central angle of 2°53'00'' and a radius of 5789.70 feet; Thence along said
curve 291.36 feet to the end of said curve; Thence N.O°51'58"W., 342.88 feet to
the Point of ~eginning and containing 53.398 acres of land.
EXHIBIT A
12.
Consideration and appointment of Council to appoint citizens to serve on the
Tree Board.
Steve Goram, Director of Information Services, made a presentation to the Council.
Councilmember Watson moved to appoint Philip Fisher, Jay Halpin and Linda Pilone to serve
on the Tree Board for the City of Coppell. Councilmember Sheehan seconded the motion; the
motion carried 7-0 with Mayor Pro Tern Robertson and Councilmembers Alexander, Sturges,
Watson, Reitman, Mayo, and Sheehan voting in favor of the motion.
13.
Consideration of an Amendment with the Parks of Coppell Trust regarding
development of Town Center.
City Manager Jim Witt made a presentation to the Council. City Attorney Pete Smith also
addressed the issue. Mayor Pro Tern Robertson moved to approve the Second Amendment to
the Contract of Sale between the Parks of Coppell Trust and the City of Coppell and authorizing
the Mayor to sign the final form of the contract approved by the City Manager and the City
Attorney with all exhibits attached. Councilmember Watson seconded the motion; the motion
carried 7-0 with Mayor Pro Tern Robertson and Councilmembers Alexander, Sturges, Watson,
Reitman, Mayo, and Sheehan voting in favor of the motion.
14. Necessary action resulting from Executive Session.
There was no action necessary under this item.
15.
City Manager's Report.
Ken Griffin, Assistant City Manager/City Engineer reported on the blood drive held on
April 8, 1995 and announced that 141 people registered and 119 were actually able to
donate blood, and 2 people donated blood on Friday. Thanks were also given to City
employees Jeff and Kathy Jones who washed the cars of people who gave blood.
16.
A.
Mayor's Report.
Mayor Morton announced that the early voting would be held in the City Secretary
Department of Town Center beginning April 17, 1995 through May 2, 1995 for the
Municipal Election which will be held May 6, 1995. The early voting hours are posted
on the bulletin board at Town Center.
CM041195
26.
Consideration and approval of a pro rata agreement between the City of
Coppell, Vista Property and CoppeH 200 Joint Venture, and authorizing the
Mayor to sign.
Ken Griffin, Assistant City Manager/City Engineer, made a presentation to the Council. After
lengthy discussion, Mayor Pro Tem Robertson moved to approve a pro rata agreement between
the City of CoppeR, Vista Property and Coppell 200 Joint Venture, and authorizing the Mayor
to sign. Councilmember Sturges seconded the motion; the motion carried 6-0 with Mayor Pro
Tern RobeSon and Councilmembers Alexander, Sturges, Watson, Reitman, and Sheehan voting
in favor of the motion.
EXECUTIVE SESSION
(Closed to the Public)
Convene Executive Session
A. Section 551.071, Texas Government Code - Consultation with City
Attorney.
Mayor Morton convened into Executive Session at 8:54 p.m. as allowed under the above-stated
article. Mayor Morton adjourned the Executive Session at 8:57 p.m. and opened the Regular
Session.
27. Necessary action resulting from Executive Session.
Mayor Morton read the following statement:
"The City has been presented with a concept plan in connection with the settlement of the
threatened litigation by the Parks of Coppell Trust which would limit the number of restaurants
with drive-thru window service in the area known as Town Center site. This concept plan
would avoid litigation concerning the agreement made in 1982 with the Parks of Coppell Joint
Venture H, the predecessor to the Parks of Coppell Trust. As a result, we have asked that the
City Manager, in coordination with the City Attorney, negotiate a potential resolution of the
matter and this resolution be presented for City Council consideration at the April 11, 1995
meeting."
28.
Ao
City Manager's Report.
A. Request to move City Council/Home Rule Charter Commission Meeting
to April 18th.
B. Insurance Services Office Key Rate.
City Manager Jim Witt suggested that the joint meeting with thc City Council and Home
Rule Charter Commission be held at the new library facility due to the number of
CMIB2~95
Pa~e 10 or 12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS,
WITNESSETH:
WHEREAS, on December 30, 1982, the Parks of CoppeI1 Joint Venture
II ("Venture") sold that certain land described on attached Exhibit A
(the "Municipal Center Site") to the City of Coppell, Texas ("City"),
for a total purchase price of $361,292.00; and
WHEREAS, on December 30, 1982, Venture sold that certain land
described in attached Exhibit B ("Phase I of the Park Site") to City for
a total purchase price of $233,750.00; and
WHEREAS, on March 14, 1986, Venture sold that certain land
described in attached Exhibit C ("Phase II of the Park Site") to City
for a total purchase price of $388,800.00; and
WHEREAS, certain appraisals prepared by Bill Dotson & Associates
indicate that the appraised fair market value of: (i) the Municipal
Center Site as of August 5, 1983, was $960,000.00; (ii) Phase I of the
Park Site as of December 1, 1982, was $743,000.00; and (iii) Phase II of
the Park Site as of May 31, 1985, was $2,035,000.00; and
WHEREAS, Venture sold the Municipal Center Site, Phase Y of the
Park Site and Phase IT of the Park Site to C~ty at a price which was
$2,754,158.00 less than such properties' true fair market value as
indicated by the aforesaid appraisals; and
WHEREAS, Venture has agreed to sell that certain land described in
attached Exhibit D ("Phase III of the Park Site") to City for a price
substantially less than the true fair market value of Phase III of the
Park Site; and
WHEREAS, City wishes to acknowledge that the Municipal Center Site,
Phase I of the Park Site and Phase II of the Park Site were conveyed to
City by Venture and accepted by City in part as good faith charitable
donations by Venture to City; and
WHEREAS, City further wishes to acknowledge that Phase III of the
Park Site when conveyed by Venture to City in part will constitute a
further good faith charitable donation by Venture to City; and
W~EREAS, Venture has reached an agreement in principle with the
City concerning the potential exchange of land for a possible library
site for the City;
NOW, THEREFORE, BE IT RESOLVED, that City hereby acknowledges with
appreciation the existing and prospective charitable donations by
venture to city set forth herein; and
FURTHER RESOLVED, that City acknowledge that such existing and
charitable donations by Venture to City has enhanced the ability of the
City of Ceppell to enhance our quality of life through the creation of a
comprehensive park system for our citizens.
1987.
By: ' C ity'~ouncil -MeSh
By: Ci~.ty Council Member
~y: L~i'~y Council Member
By: City Couuci~mber
By: City Council Member
ATTEST:
Doroehy Timmo~, Cs Secretary
APPROVED AS TO FORM:
RESOLUTIONS OF THE CITY COUNCIL OF
THE CITY OF COPPELL, TEXAS
WHEREAS, The Parks of Coppell Joint Venture II ('Owner") is
the owner of certain real property located within the City of
Coppell, Texas (the "City"); and
WHEREAS, the City has exercised its option to purchase a
park site containing approximately 62.312 acres of land from
Owner, as more particularly described in Exhibit A attached
hereto and incorporated herein by reference for all purposes
(the "Park Site"), by letter, dated December 30, 1987, pursuant
to that certain instrument captioned Option Agreement -
Phase III, dated December 30, 1982, between Owner and the City,
as amended by that certain Amendment to Contract of Sale, dated
January 27, 19B7, between Owner and the City (the "Option
Agreement"); and
WHEREAS, the option price of $170,750.00, paid
December 30, 1982, was applied pursuant to the Option Agreement
to the total purchase price for the Park Site of $185,750.00;
and
WHEREAS, that certain appraisal, dated January 28, 1987,
prepared at the request of the City by Bill C. Dotson
Associates indicated that the appraised fair market value of
the Park Site as of December 29, 1986, was $1,270,000.00; and
WHEREAS, the City Council has concluded that the Park Site
was made available to the City by Owner at an advantageous
price which was substantially less than its true fair market
value, as indicated by the appraised value thereof when
compared to the purchase price; and
WHEREAS, the City wishes to acknowledge that the Park Site
was conveyed to the City by Owner and accepted by the City in
part as a good faith charitable donation by Owner to the City~
and
WHEREAS, the City Council has concluded that the acts of
the Mayor of the City in executing on behalf of the City all
contracts, memoranda of contracts, notes, deeds of trust,
letter agreements, and all other instruments necessary to
effect such purchase, including any necessary modification to
such instruments as first drawn and considered by the City
Council, should be ratified and affirmed.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF COPPELL, TEXAS, THAT:
SECTION 1. The City hereby acknowledges with great
appreciation the good faith charitable donation by Owner to the
City resulting from Owner selling the Park Site to the City at
below the appraised value thereof. The City further hereby
acknowledges that such good faith charitable donation by Owner
to the City will greatly enhance the quality of life within the
City.
SECTION 2. The actions of Dan Stanton, the person
holding the office of Mayor Pro Tem of the City of Coppell,
Texas, acting in the absence of Lou Duggan, who holds the
office of Mayor of the City of Coppell, Texas, in executing and
delivering on behalf of the City the notice of exercise of the
option and in executing and delivering all other instruments
and performing all other acts necessary to effect the purchase
of the Park Site are hereby ratified, confirmed and approved,
and further, in that Lou Duggan, as Mayor of the City of
Coppell, was heretofore authorized and directed to deliver for
and on behalf of the City, without further authorization from
the City Council, the cash portion of the purchase price for
the Park Site pursuant to the Option Agreement, and to execute
all other instruments and perform all other acts necessary to
effect the purchase of the Park Site.
SECTION 3. These resolutions shall
immediately from and after their passage.
take effect
DULY PASSED, by the ~1 of the City of Coppell,
Texas, on the /~--day of~ , 198~ .
Mayo r
ATTEST:
~i ty/-~c~e t a r Y
..... /z~3~ , City Secretary of the City
I,
of Coppell, Texas, a municipal corporation, do hereby certify
that a meeting of the City Council of the City of Coppell was
held on the /W~L~-day of ~./)~. , 19~ , at which a
quorum was present, and acting' throughout, 'the foregoing
resolutions were adopted, the same now are in full force and
effect.
I do further certify that, as of this date, Lou Duggan is
the Mayor of the City of Coppell, having been duly elected to
such office and now holding same.
IN WITNESS WHEREOF, I have hereunto set my hand as City
Secretary of the City of Coppetl, Texas, this /~-day of
~C,.~~ , 198~_.
-- - /ityCF~cre~ary
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EXHIBIT A
BEING a 62.312 acre tract of land situated in the Alfred
Logsdon Survey, Abstract No. 783, the Clarinda Squires Survey,
Abstract No. 1327, and the Heirs o~ Gilbert C. Woolsey Survey,
Abstract No. 1402, in the City of Coppell, Dallas County,
Texas, and being more particularly described as follows:
BEGINNING at a point oh the North line of Parkway Blvd. (an
88 foot R.O.W.) as recorded in Volume 84Q40, page 3~23 in the
Deed Records of Dallas County, Texas, said point being the
Southwest corner of Park Meadow Section One, an addition to the
City of Coppell, as recorded in Volume 85094, page 4483 in the
Deed Records of Dallas County, Texas, said point also being the
beginning of a curve to the left having a central angle of
13"17'36", a radius of ~244.00 feet, a tangent length of
261.49 feet and a chord bearing and distance of
South 82'22'04' West, 519.47 feet;
THENCE Southwesterly along said curve to the left and said
North line of Parkway Blvd. for an arc distance of 520.64 feet
to a point for corner:
THENCE North 00"51'35# West leaving said North R.O.W. line for
a distance of 1320.28 feet to a point for corner;
THENCE North 85"51'39# East for a distance of ~26.74 feet to a
point for corner;
THENCE North 74Dl1'59" East for a distance of 175.00 feet to a
point for corner;
THENCE North 60~13'54" East for a distance of 255,30 feet to a
point for corner;
THENCE North 67°26'14# East for a distance of 185.00 feet to a
point for corner;
THENCE South 88"37'46' East for a distance of 75.90 feet to a
point for corner;
THENCE South 81°49'11' -East for a distance of 195.25 feet to a
point for corner;
THENCE South 89'55'41# East for a distance of 112.55 feet to a
point for corner:
THENCE North 7Q"25'54# East for a distance of 75.45 feet to 3
point for corner;
THENCE North 56"17'59' East for a distance of 176.70 feet to a
point fo~ corner;
THENCE North 65°41'19' East for a distance Of 152.20 feet to a
point for corner;
THENCE North 46°47'18' East for a distance of 121.69 feet to ~
point for corner;
THENCE North 20"10'26" East for a distance of 137.04 feet to ~
point for corner;
THENCE North 41"44'01" West for a distance of 89.90 feet to a
point for corner;
THENCE North 20'21'39" East for' a distance of 153.00 feet to a
point for corner;
THENCE South 69°58'21- East for a distance of 182.00 feet to a
point for corner;
THENCE North 87"01'39' East for a distance of 131.00 feet to a
point for corner;
THENCE North 73~01'39' East for a distance of 32.52 feet to a
point for corner:
THENCE South 16"14'58' East for a distance of 233.68 £eet to a
point for corner;
THENCE South 15"09'53" East for a distance of 1008.05 feet to a
point for corner;
THENCE South 18"22'14' East for a distancm of 29.92 feet to the
Northwest corner of Park Meadow Section Two, addition to the
City of Co~ell, as recordmd in Volume 86108, page 6975 in the
Deed Records of Dallas County, Texas;
THENCE South 38"51'04" West along the North line of said Park
Meadow Section Two for a distance of 173.~2 feet to the
beginning of a curve to the right having a central angle of
41"31'21", a radius of 30~.00 feet and a tangent length of
113.73 feet;
THENCE Southwesterly along said curve and along ~aid North line
of said Park Meadow Section Two for an arc distance of
217.~1 feet;
THENCE South 80"22'25" West continuing along said North line
for a distance of 331.7~ feet to a point for corner;
THENCE South 87"44'42' West continuing along said North line of
Park Meadow Sectio~ Two and along the North line of said Park
Meadow Section One for a distance of 1272.85 feet to the
Northwest corner of said Park Meadow Section One;
THENCE South along the West line of said Park Meadow
Section One for a distance of 479.21 feet to the POINT OF
BEGINNING and containing ~,714,311 square feet or 62.312 acres
of land.
4432S