Declaration of Restrictions NICHOLS, JACKSON, DILLARD, HAGER & SM1TH, L.L.P.
LAWRENCE W JACKSON Attorneys & Counselors at Law JOHN F. ROEHM III
ROBERT L. DILLARD I~1 1800 Lincoln Plaza
ROBERT E. HAGER
PETER (3. SMITH 500 North Akard ROBERT L. DILLARD, JR.
DAVID M. BERMAN Dallas, Texas 75201 h. LOUIS NICHOLS
BRUCE A. STOCKARD (214) 965-9900 oF COUNSEL
Fax (214) 965-0010 .
Director of Planning '
City of Coppell
P. O. Box 478
Coppell, Texas 75019
Dear Gary:
Enclosed please find executed original of the deed restrictions for the property owned
by the Republic Property Group, Inc. which were approved by the City Council in
connection with the change in zoning to Light Industrial for the subject property.
Please have the appropriate personnel record the deed restrictions following the City
Council approval of the ordinance granting the change in zoning from Light Industrial.
Thank you for your attention in this matter.
Very truly yours,
NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L.L.P.
(
PGS/jd
cc Jerry W. Ragsdale
Senior Vice President
Republic Property Group, Inc.
8440 Walnut Hill Lane, 8th Floor, Lock Box 3
Dallas, Texas 75231
cc Mr. James Witt
City Manager
City of Coppell
P. O. Box 478
Coppell, Texas 75019
DECLARATION OF RESTRICTIONS 1 o I o~s~:~ 3
05/22/% 40785 $15. O0
Deed
_1
THIS DECLARATION OF RESTRICTIONS (this "Declaration"), made this r~a'day
of January, 1996, by RPG ESTATES, LTD., a Texas limited partnership ("Declarant"), tbr the
benefit of THE CITY OF COPPELL, TEXAS (the "City");
WITNESSETH:
A. Declarant is the owner of a certain tract of land (the "Property") situated in the
City of Coppell, Dallas County, Texas, as more particularly described in Exhibit "A" attached
hereto and made a part hereof for all purposes.
B. In connection with a change of the zoning classification applicable to the Property
to "LI" Light Industrial, the Declarant makes this Declaration.
NOW, THEREFORE, Declarant declares that the Property is and shall be held,
transferred, improved, sold, conveyed and occupied subject to the following restrictions (the
"Restrictions"):
1. Light Industrial Restrictions. No portion of the Property shall be used for any
of the following purposes:
(a) Apparel or other products assembled from finished textiles;
(b) Bottling works;
(c) Caning, express, hauling or storage yard;
(d) Contractor's yard;
(e) Cosmetic manufacturer;
(f) Drugs and pharmaceutical products manufacturing;
(g) Electronic products manufacturing;
(h) Fur goods manufacture, but not including tanning or dyeing;
(i) Glass products from previously manufactured glass;
(j) Household appliance products assembly and manufacture from
prefabricated parts.
(k) Industrial and manufacturing plants including the processing or assembling
of pans for production of finished equipment where the process of manufacturing or
treatment of materials is such that only a nominal amount of dust, odor, gas, smoke or
DRRIC855 17133.11
96101 0 ti. 03
noise is emitted and not more than twenty percent (20%) of the lot or tract is used for
the open storage of products, materials, or equipment.
(1) Musical instruments assembly and manufacture;
(m) Plastic products manufacture, but not including the processing of raw
materials;
(n) Sporting and athletic equipment manufacture;
(o) Testing and research laboratories;
(p) Housing prefabrication; and
(q) Veterinarian clinic (outside kennels).
2. Enforceability. The Restrictions of this Declaration shall run with and bind the
Property, and shall inure to the benefit of and be enforceable solely by the City unless an
instrument approved by the City Council of the City has been recorded, agreeing to abolish or
amend the restrictions in whole or in part. If any person shall violate or attempt to violate any
of the Restrictions, the City may enforce the Restrictions by proceedings at law or in equity
against the person or persons violating or attempting to violate the same, including without
limitation, obtaining a restraining order or injunction.
3. Headings. The headings contained in this Declaration are for reference purposes
only and shall not in any way affect the meaning or interpretation hereof.
4. Amendments. The Restrictions of this Declaration may be abolished, amended
and/or changed in whole or in part, from time to time, with only the approval of the City
Council of the City, as evidenced by a document in writing signed by the Mayor of the City and
duly recorded in the Deed Records of Dallas County, Texas.
EXECUTED as of the day and year first above written.
DECLARANT:
PPG ESTATES, LTD., a Texas limited partnership
By: RPG/Coppell, Inc., a Texas corporation,
General Partner
~rrv . a~gsdale~ Vice President
DRR1C855 17133.11 2
-, , -:035
STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me o~~~~, 19 ~., by
Jerry W. Ragsdale, Vice President of RPG ESTATES, LTD./a Texas li~ifed partnership, on
behalf of said limited partnership.
Notary Public.~,~gtat~L~of Texas
Commission Expires:
My /~/~?~ Printed Name
'"71 ..,,)?.:,:?.. ....... .:,~ i'~'r.s
>{'"" ~'Z'.;--'"' gc.:::;.u .-E:.:?. B--2-~ ~
DRRIC$55 17133.1l 3
9GIOI ": r' 036
Exhibit "A"
Property Description
BEING a tract of land situated in the S.A. & M.G. Survey, Abstract No. 1442,
in the City of Coppell, Dallas County, Texas, said tract being a part of tha~
certain tract conveyed to Terra Corporate Joint Venture as recorded in Volume
85072, Page 4454, Deed Records of Dallas County, Texas, and being more
particularly described as follows:
COMMENCING at a 1/2" iron rca with NDM plastic cap, found for corner on the
east line of MacArthur BoulE-yard (11(3' ROW), said point being the southwest
corner of a tract conveyed tc L & N Land Corporation as recorded in Volume
80242, Page 1330, Deed Records of Dallas County, Texas;
THENCE, N 890 03' 24" E, departing said east line and along the south line of
said L & N tract for a distance of 88.37 feet to a 1/2" iron rod found for
corner;
THENCE, S 000 02' 08" W, continuing along said south line for a distance of
209.92 feet to a 1/2" iron rod found for corner;
THENCE, N 89o 02' 34" E, continuing along said South line of said L & N Tract
a distance of 657.38 feet to a 1/2" iron rod with NDM plastic cap set for the
POINT OF BEGINNING of the herein described tract;
THENCE, N 89o 02' 34" E, 228.16 feet to a 1/2" iron rod with NDM plastic cap
set for corner;
THENCE S 290 13' 41" W, 1043.63 feet to a 1/2" iron rod with NDM plastic cap
set for corner in the east right-of-way line of MacArthur Boulevard;
THENCE, N 60o 46' 19" W, 12.18 feet with the east right-of-way line of
MacArthur Boulevard to a 1/2" iron rod found for corner;
THENCE, along a curve to the right and with the east right-of-way line of
MacArthur Boulevard an arc length of 186.39 feet to a 1/2" iron rod with NDM
plastic cap set for corner, said curve having a central angle of 11o 55' 06",
a radius of 896.05 feet, a tangent length oX 93.53 feet, a chord bearing of
N 54o 48' 46" W, and a chord length of 186.05 feet;
THENCE, N 290 13' 41" E, 909.60 feet to the POINT OF BEGINNING and containing
4.4383 acres (193,337 square feet) of land more or less.
AFTER RECORDING RETURN TO:
RPG Estates, Ltd.
8440 Walnut Hill Lane
Suite 800, LB 3
Dallas, Texas 75231
n[,Oq7