JOHN M. HILL 12141672·2170 Ms. Diana Miller Town of Addison P.O. Box 144 Addison, Texas 75001 Re: Frank Luke Street Dear Diana: COWLES & THOMPSON A PROFESSIONAL CORPORATION ATTORNEYS
AT LAW 901 MAIN STREET, SUITE 4000 DALLAS, TEXAS 75202-3793 TELEPHONE (214) 672-2000 METRO (214) 263-0005 FAX (214) 672-2020 CHARLES SORRELLS (1925·1982) January 5, 1996 307 W. WASHINGTON.
SUITE 100 P.O. BOX 1127 SHERMAN. TEXAS 7509'·1127 TELEPHONE (903) 893·8999 100 WEST ADAMS AVENUE. SUITE 321 P.O. BOX 785 TEMPLE, TEXAS 76503·0785 TELEPHONE (817) 771·2800 ONE AMERICAN
CENTER, SUITE 777 909 E.S.E. LOOP 323 TVLER, TEXAS 75701·968' TELEPHONE (903) 581·5588 Enclosed is a copy of Ordinance No. 094-029 regarding the dedication of Frank: Luke Street. I have
reviewed the dedication and abandonment documents which you provided to me, and it appears. that each of the property owners adjacent to Frank Luke Street have either dedicated the street
andlorabandoned any easement they have in the street. The abandonment documents refer to certain easement agreements, and the property owners are abandoning any easement in Frank Luke
Street they received in those agreements. I have not seen a copy of the easement agreements, and our review assumes that the property owners correctly described their easements which
they possessed in Frank Luke Street. Additionally, I have also relied upon the property owners in determining who the property owners adjacent to the street are, as we have not conducted
a title search to determine the ownership of the property. Should you have any questions or desire any additional information, please give me a call. JMH:wo' Enclosure cc: 'Mr. John
Baumgartnervi· ..... Mr. KennethC. Dippel . '. '-'. : 􀀺􀀺􀀮􀁾􀀭􀀬 .j 􀁾􀀧􀀭􀀧 .
( .,.. 2711 LB] Freeway Suite 400 • Dallas,Texas 75234 (214) 247-8535 (214) 247-8213 Fax # January 26, 1994 Mr. John.. Baumgartner . Director Town of Addison 16810 Westgrove. P.O. Box
144 Addison, TX 75001· Dear John: Could I please ask you to look over these draft letters that we. are planning to ask the two landowners (Mr. Eddins and I-Tex) to review' and sign as
their indication to the Town that they are in agreement to the Frank Luke Drive changes and dedication.. Before I sat down with them I felt it would be best to run these past you. If
you see any problems or have any suggestions on me proceeding from here I would appreciate a call. 􀁾 .. . . I really appreciate all your input and assistance regarding this matter.
􀀻􀁲􀀺􀀻􀁹􀁾 Frank Babb Construction Manager cc: 1t,,,';1 Jed Thompson Bob Wright-Needham, 􀁷􀁲􀁩􀁧􀁨􀁴􀀬􀀧􀁬􀁲􀁾􀁥􀁹 Engineers
214-'357-2985 N (0) L ENG. 552 P01 JAN 13 '94 􀀱􀀵􀁾􀀲􀀲 January 14, 1994 Mr. John Baumgartner. P.E. Director of Public Works Town of Addison P. O. BOX 144 Addison, TX 75001 ReI Frank
Luke Street Dear John: 􀁾􀁨􀁡 undersigned, owner of Texas Federal Subdivision No.2, has reviewed the plan proposed by Carter-Crowley Properties, Inc. for 􀁡􀁬􀁯􀁳􀁾􀁮􀁧 a portion of
the existing driveway acoess onto AdaiGon Road. In addition we have reviewed the preliminary right-of-way pllim for the dedication of public right-of-way to tho Town of Addison for Frank
Luke Street and we are in general aqreement with the int.ent of thG proposals. In conjunotion with the proposed riqht-of-way dedication, we also support the abandonment of the existinq
inqress-egreas'oaecment thi:lt includes the portion of the driveway area that is to be closed. Upon completion of a final pla.n tha.t is mutunlly agreeable to all part.iee, we will execute
the appropriate documents for these transactions. Sincerely,
214-357-2985 January 14, 1994 􀁾􀁾 t,} L ENG. 552 P02 JAN 13 '94 15:22 Mr. John BaumgartnerI P.E• Director of Public Works Town of Addison P. O. Box 144 Addison, TX 75001 Re: Frank Luke
Street Dear .Tohn1 The undersigned, owner of Blakely Airport Addition, has reviewed the plan proposed by Carter-Crowley Properties, Inc. for closing a portion of the existing driveway
access onto Addison Road. In addition we have reV"iewed the preliminary right-of-way plan for the dedication of public right-of-way to the Town of Addison for Frank Luke Street and we
are in general agreement with the intent of the proposals. In conjunotion with thQ proposod right-of-way dedication, we also support the abandonment of the existing ingress-egrEtsa easement
that inoludos the portion of tho dri'V"Qway area that is to be closed. Upon completion of a final plan that is mutually aqrceable to illl parties, we will 􀁥􀁾􀁥􀁣􀁵􀁴􀁥 the 􀁡􀁰􀁰􀁲􀁯􀁰􀁾􀁩􀁡􀁴􀁥
documents for these transactions. Sincerely,
2711 LBJ Freeway Suite 400 Dallas, Texas 75234 (214) 247-8535 (214) 247-8213 Fax # April 21, 1994 Mr. John Baumgartner, .. P.E. Director of Public Works Town of Addison P.O. Box 144
Addison, Tx. 75001 . RE: Dedication of Frank Luke Drive Dear John: In accordance with our previous discussions, Carter-Crowley Properties, Inc. and the adjoining property owners along
Frank Luke Street would like to make modifications to the existing intersection with Addison Road. The current drive approach intersects Addison Road at an angle and the present sight
distance creates a serious traffic hazard. We are proposing to· close the existing drive approach onto Addison Road and to reroute traffic through the existing approach that is currently
located on the Addison Tower Property. This would eliminate a confusing intersection and should greatly reduce potential traffic hazards. .In addition, we are also proposing to dedicate
a portion ofthe existing roadway to the Town ofAddison. There are several different property owners owners along the roadway and in essence the road currently serVes as a public thoroughfare.
The adjoining property owners have agreed to the dedication of the right-of-way aM have submitted letters of concurrence to you regarding this proposal. We are now ready to proceed with
whatever steps are necessary to obtain final approvalofthe proposed improvements and modifications. Carter-Crowley Properties,. Inc. agrees to bear these costs associated with the dedication
and .reconstruction of Frank Luke Street as currently proposed. . Attached foryouruse are 18 copies of Exhibit "A" s,howing the various parcels to be dedicatedto theTown ofAddison. Also
shown on Exhibit "A" are several existing ingress-egress easements that are to be abandoned in conjunction with this dedication. Also attached are 18 copies ojExhibit "B" showing the
general area of street reconstruction and the existing approach and driveway. area to be closed. . lfyou have any questions regarding this request or.require any additional information,
please do not. hesitate, to call. Sincerely, CARTER-CROWLEY.PROPERTIES, INC. Frank Babb cc: Mr. Donald.]. Carter Mr. Jed J. Thompson
',,::;;;,::,,-.;.....􀁾􀀺􀀬 rrnnf1?, J.. ,., .' > . • '.I MAR Z8 1994 J Mr. John Baumgartner, P.E. Director ofPublic Works Town of Addison P.O. Box 144 Addison, Texas 75001 March 6,
1994 RE: Frank Luke Street Dear John: The undersigned, as owner ofBlakely Airport Addition, has reviewed the plan proposed by Carter-Crowley Properties, Inc. for closing a portion ofthe
existing driveway access onto Addison Road. In addition we have reviewed the preliminary right-of-way plan for the dedication of public right-of-way to the Town of Addison for Frank
Luke Street and we are in general agreement with the intent ofthe proposals. In conjunction with the proposed right-of-way dedication, we also support the abandonment of the existing
ingress-egress easement that includes the portion of the driveway area that is to be closed. Upon completion of the final plan that is mutually agreeable to all parties, we will execute
the appropriate documents for these transactions. 􀁴􀁾 Rick Redle Vice President Sky America, Inc. as Managing General Partner to RGS Properties, Inc. RR/em CC: Ritchie G. Studer ./Frank
Babb WESTGROVE AIR PLAZA 4570 WESTGROVE ROAD ADDISON, TEXAS 75248 214'733'3161, FAX 214'733'0603
3, 1994 Mr. J n Baumgartner, P.E. Directo s of Public Works Town of ddison PO Box Addiso, exas 75001 RE: Frank Luke Street Dear John: 􀁾􀁩 rrJpJ.f?Jlnl 􀁾 􀀻􀁊􀁾􀀢 i 􀀭􀁉􀁾􀁉 fEB 2S
18;J4:-􀁌􀁾 UL1r:-:-" -The undersigned, owner of Texas Federal Subdivision No.2, has reviewed the plan proposed by Carter-Crowley Properties, Inc. for closing a portion of the existing
driveway access onto Addison Road. In addition we have reviewed the preliminary right-of-way plan for the dedication of public right-of-way to the Town of Addison for Frank Luke Street
and we are in general agreement with the intent of the proposals. In conjunction with the proposed right-of-way dedication, we also support the abandonment of the existing ingress-egress
easement that includes the portion, of the driveway area that is to be closed. Upon completion of a final plan that is mutually agreeable to all parties, we will execute the appropriate
documents for these transactions. Sincerely, Roy A. Eddins RAE/ah c.c. Mr. Frank BabbP. O. BOX 7066 /DALLAS, TEXAS 75209
***** MEMORANDUM ***** 2711 LBJ Freeway Suite 400 Dallas, Texas 75234 (214) 247:8535 (214) 247-8213 Fax # Date To From Subject ,April 21 , 1'994 John Baumgartner Frank Babb FRANK LUKE
DRIVE Attached are drafts of the documents for the above project. As you know, we will also need to prepare some type of agreement with the Town of Addison to accept the street as a
pUblic road upon completipn of the work and posting of the,' bond. We are suppose to be getting some forms from the lawyer for the Town of Addison. Please review these 􀁤􀁯􀁣􀁵􀁭􀁥􀁮􀁾􀁳
and if you see any problems or have any questions or comments, please let me know. Thank you.
ESCROW AGREEMENT This Escrow Agreement (herein so called) dated effective as of _ 1994, among Itex Environmental Enterprises, Inc. (IIItexll), Eddins Enterprises, Inc. (IIEddins ll),
Personal Way Aviation, Inc. (IIPWAII) and Carter-Crowley Properties, Inc. (IICCplI). R E CIT A L S: A. CCP has agreed to re-align and make certain improvements to a portion of a private
drive named "Frank Luke Drivell located in the City of Addison, Texas (the IICityll). The improvements to be made by CCP (collectively referred to herein as the IIWorkll) are described
in detail on the Paving Plan (consisting of Exhibits IIAII and IIB II)(the IIPlanll) dated _______, 1994, prepared by Needham, Wright & Laskey Engineers, Inc. (the IIEngineerll). B.
The parties to this Escrow Agreement have all executed certain documents (the IIDocumentsll) to dedicate right-of-way to the City and/or abandon certain private easement rights in order
to permit the completion of the Work. Copies of the Documents are attached hereto as Exhibit IIAII. C. All of the parties to this Escrow Agreement have agreed to place the Documents
in escrow with CCP until completion of the Work in accordance with the Plan and acceptance by the City of Frank Luke Drive as a public street. NOW, THEREFORE, in consideration of the
mutual benefits to be received by the parties hereto as a result of the Work, the parties to this Escrow Agreement agree as follows: ESCROW AGREEMENT -Page 1
./1. CCP shall hold the Documents in escrow until satisfaction of the following conditions (the "Conditions): (a) The Engineer shall have certified in writing that the Work has been
completed in substantial accordance with the Plan; and (b) The City shall have agreed, subject only to the recordation of the Documents, to accept the portion of Frank Luke Drive being
improved by CCP as a public street (including acceptance of all maintenance and repair obligations related thereto). Upon satisfaction of the Conditions, CCP shall provide written evidence
thereof to Itex, Eddins and PWA and shall thereafter record the Documents in the Real Property Records of Dallas County, Texas and this Escrow Agreement shall terminate and be of no
further force or effect. If the Conditions have not been satisfied within one (1) year after the effective date of this Escrow Agreement, CCP shall return the Documents to the appropriate
signatory and this Escrow Agreement shall terminate and be of no further force or effect. 2. The The parties hereto agree to execute such further and additional documents, including,
without limitation, a Memorandum of Escrow Agreement in recordable form, as may be reasonably requested by CCP to permit completion of the Work and acceptance by the City of Frank Luke
Drive as a public street; provided, however, under no circumstances shall any party other than CCP be required to incur more than a nominal cost. 3. This Escrow Agreement shall be construed
by and governed in accordance with the laws of the State of Texas. ESCROW AGREEMENT -Page 2
4. This Escrow Agreement shall be binding upon and inure to the benefit of successors and assigns of the parties hereto. 5. This Escrow Agreement may be executed in one or more counterparts,
but all such counterparts shall constitute one and the same instrument. 6. All notices, requests, demands and other communications under this Escrow Agreement shall be in writing and
shall be delivered by personal delivery or mailed by registered or certified mail, postage prepaid, return receipt requested, to each of the parties as follows: (a) If to Itex: (b) If
to Eddins: (c) If to PWA: Personal Way Aviation, Inc. 16321 Addison Road Dallas, Texas 75248 (d) If to CCP: Carter-Crowley Properties, Inc. 2711 LBJ Freeway Suite 400 Dallas, Texas 75234
ESCROW AGREEMENT -Page 3
or to such other address as any party hereto may have furnished to the others in writing in accordance with the terms of this paragraph. IN WITNESS WHEREOF, the parties hereto have caused
this Escrow Agreement to be executed as of the date fIrst above written. ITEX ENVIRONMENTAL ENTERPRISES, INC., a Texas corporation By:-------------------Name:------------------Title:-----------------
-EDDINS ENTERPRISES, INC., a Texas corporation By:--------------------Name:------------------Title:------------------PERSONAL WAY AVIATION, INC., a Texas corporation By:-------------------Name:
Donald J. Carter Title: President CARTER-CROWLEY PROPERTIES, INC., a Texas corporation By:------------------------Name: Jed J. Thompson Title: Vice President -Operations F:\CCP\FrankLuke.Esc
ESCROW AGREEMENT -Page 4
o!' -, STATE OF TEXAS §§ COUNTY OF DALLAS §RIGHT-OF-WAY DEDICATION AND ABANDONMENT OF EASEMENT Date: Grantor: Grantee: ________, 1994 Personal Way Aviation, Inc. Town of Addison Post
Office Box 144 Addison, Texas 75001 Consideration: (a) Ten dollars ($10.00) and other good and valuable consideration paid by Grantee, the receipt and sufficiency of which are acknowledged
by Grantor; and (b) Benefits to be derived by Grantor and its Property as a result of proposed public improvements. Description of Area Dedicated: See Exhibit "A" attached hereto and
by reference made a part hereof. Purpose of Dedication: Public right-of-way for the passage of vehicular and pedestrian traffic, including (without limitation) streets, roads, alleys,
sidewalks, utilities, drainage and other customary uses of public right-of-way. Dedication: Grantor conveys to Grantee an easement and dedicates to the public a right-ofway along, over
and under the Dedication Area for the purposes permitted above TO HAVE AND TO HOLD, unto Grantee, its successors and assigns, and Grantor, together with Grantor's heirs, executors, administrators
or successors, shall Warrant and Forever Defend all and singular the said easement and dedication unto Grantee, its successors and assigns. RIGlIT OF WAY DEDICATION AND ABANDONMENT OF
EASEMENT -Page 1
Abandonment:For the same consideration, Grantor abandons all right, title and interest of Grantor in and to any easement estate within the Dedication Area, including, without limitation,
easement rights created under that certain easement agreement recorded in Volume 77249, Page 2154, of the Real Property Records, Dallas County, Texas. Miscellaneous: (a) The rights and
obligations set forth in this Dedication shall bind and inure to the benefit of the successors and assigns of Grantor and Grantee and shall run with land so as to benefit and burden
the future owners of any direct or indirect interest in the real property encumbered by this Dedication. (b) Nothing in this instrument shall be construed as a waiver by Grantee of any
utility connection charge or other charges imposed by ordinance or Charter of the Town of Addison. (c) When the context requires it, singular nouns and pronouns include the plural. EXECUTED
effective as of the day first written above. PERSONAL WAY AVIATION, INC., a Texas corporation corporation By: _ Name: Donald J. Carter Title: President RIGHT OF WAY DEDICATION AND ABANDONMENT
OF EASEMENT -Page 2
STATE OF TEXAS §§ COUNTY OF DALLAS § Before me, this instrument was acknowledged by Donald J. Carter, the President of Personal Way Aviation, Inc., a Texas corporation, on this __ day
of _ 1994, on behalf of the corporation. NOTARY PUBLIC, State of Texas [Print Narne] MyCommissionExpires: _ RIGHT OF WAY DEDICAnON AND ABANDONMENT OF EASEMENT -Page 3
EXHIBIT nAn VAN HOFF TRACT LEGAL DESCRIPTION BEING a parcel of land situated in the William Lomax Survey, Abstract No. 792, Town of Addison, Dallas County, Texas and being a part of
the Van Hoff Addition, an addition to the Town of Addison as recorded in Volume 79122, Page 1831 of the Deed Records of Dallas County, Texas and being more particularly described as
follows: BEGINNING at a point for corner at the most easterly corner of said Van Hoff Addition, said point also being in the north line of Addison Center, an addition to the Town of
Addison as recorded in Volume 84103, Page 3367, Deed Records, Dallas County, Texas; THENCE South 44 deg. 14 min. 47 sec. West along the north line of said Addison Center a distance of
236.00 feet to a point for corner at the most easterly corner of Aweco Subdivision, an addition to the Town of Addison as recorded in Volume 79136, Page 2610, Deed Records, Dallas County,
Texas; THENCE North 46 deg. 44 min. 00 sec. West along the northeast line of said Aweco Subdivision a distance of 32.00 feet to a point for corner; THENCE North 44 deg. 14 min. 47 sec.
East a distance of 236.00 feet to a point for corner in the southwest line of Texas Federal Subdivision No.2, an addition to the Town of Addison as recorded in Volume 79147, Page 1914,
Deed Records, Dallas County, Texas; THENCE South 46 deg. 44 min. 00 sec. East along the southwest line of said Texas Federal Subdivision No.2 a distance of 32.00 feet to the POINT OF
BEGINNING and containing 7550.90 square feet or 0.1733 acres of land.
EXHIBIT nAn AWECO TRACT LEGAL DESCRIPTION BEING a parcel of land situated in the William Lomax Survey, Abstract No. 792, Town of Addison, Dallas County, Texas and being a part of the
Aweco Subdivision, an addition to the Town of Addison as recorded in Volume 79136, page 2610 of the Deed Records of Dallas County, Texas and being more particularly described as follows:
BEGINNING at a point for corner at the most easterly corner of said Aweco Subdivision, said point also being in the north line of Addison Center, an addition to the Town of Addison as
recorded in Volume 84103, Page 3367, Deed Records, Dallas County, Texas; THENCE South 44 deg. 14 min. 47 sec. West along the north line of said Addison Center a distance of 18.60 feet
to a point for corner; THENCE North 45 deg. 45 min. 13 sec. West a distance of 32.00 feet to a point for corner; THENCE North 44 deg. 14 min. 47 sec. East a distance of 18.05 feet to
a point for corner in the southwest line of Van Hoff Addition, an addition to the Town of Addison as recorded in Volume 79122, Page 1831, Deed Records, Dallas County, Texas; THENCE South
46 deg. 44 min. 00 sec. East along the southwest line of said Van Hoff Addition a distance of 32.00 feet to the POINT OF BEGINNING and containing 586.27 square feet or 0.0135 acres of
land.
STATE OF TEXAS §§ COUNTY OF DALLAS §RIGHT-OF-WAY DEDICATION AND ABANDONMENT OF EASEMENT Date: Grantor: Grantee: ________, 1994 Carter-Crowley Properties, Inc. Town of Addison Post Office
Box 144 Addison, Texas 75001 Consideration: (a) Ten dollars ($10.00) and other good and valuable consideration paid by Grantee, the receipt and sufficiency of which are acknowledged
by Grantor; and (b) Benefits to be derived by Grantor and its Property as a result of proposed public improvements. Description of Area Dedicated: See Exhibit "A" attached hereto and
by reference made a part hereof. Purpose of Dedication: Public right-of-way for the passage of vehicular and pedestrian traffic, including (without limitation) streets, roads, alleys,
sidewalks, utilities, drainage and other customary uses of public right-of-way. Dedication: Grantor conveys to Grantee an easement and dedicates to the public a right-ofway along, over
and under the Dedication Area for the purposes permitted above TO HAVE AND TO HOLD, unto Grantee, its its successors and assigns, and Grantor, together with Grantor's heirs, executors,
administrators or successors, shall Warrant and Forever Defend all and singular the said easement and dedication unto Grantee, its successors and assigns. RIGHT OF WAY DEDICATION AND
ABANDONMENT OF EASEMENT -Page 1
Abandonment:For the same consideration, Grantor abandons all right, title and interest of Grantor in and to any easement rights created under that certain easement agreement recorded
in Volume 84103, Page 3367, of the Real Property Records, Dallas County, Texas. Miscellaneous: (a) The rights and obligations set forth in this Dedication shall bind and inure to the
benefit of the successors and assigns of Grantor and Grantee and shall run with land so as to benefit and burden the future owners of any direct or indirect interest in the real property
encumbered by this Dedication. (b) Nothing in this instrument shall be construed as a waiver by Grantee of any utility connection charge or other charges imposed by ordinance or Charter
of the Town of Addison. (c) When the context requires it, singular nouns and pronouns include the plural. EXECUTED effective as of the day first written above. CARTER-CROWLEY PROPERTIES,
INC., a Texas corporation By: _ Name: Jed J. Thompson Title: Vice President -Operations RIGHT OF OF WAY DEDICATION AND ABANDONMENT OF EASEMENT -Page 2
ADDISON CENTER TRACT LEGAL DESCRIPTION BEING a parcel of land situated in the William Lomax Survey, Abstract No. 792, Town of Addison, Dallas County, Texas and being a part of Addison
Center, an addition to the Town of Addison as recorded in Volume 84103, Page 3367 of the Deed Records of Dallas County, Texas and being more particularly described as follows: COMMENCING
at the most northerly property corner of said Addison Center, said point also being in the West right-of-way line of Addison 􀁒􀁯􀁡􀁤􀁾 thence South 00 deg. 14 min. 20 sec. East a distance
of 39.21 feet along said West line of Addison Road to the POINT OF 􀁂􀁅􀁇􀁉􀁎􀁎􀁉􀁎􀁇􀁾 THENCE continuing along said West line of Addison Road South 00 deg. 14 min. 20 sec. East a distance
of 52.00 feet to a point for corner; THENCE North 56 deg. 32 min. 56 sec. West a distance of 18.03 feet to a point for corner; THENCE South 89 deg. 45 min. 40 sec. West a distance of
49.86 feet to a point for the beginning of a curve to the left having a radius of 30.00 feet and a central angle of 45 deg. 30 min. 53 sec.; THENCE along said curve to the left a distance
of 23.83 feet to a point for the end of said curve in the South line of Texas Federal Subdivision No.2, an addition to the Town of Addison as recorded in Volume 79147, Page 1914, Deed
Records, Dallas County, Texas; THENCE North 44 deg. 14 min. 47 sec. East along the south line of said Texas Federal Subdivision a distance of 57.43 feet to a point for corner; THENCE-North
89 deg. 45 min. 40 sec. East a distance of 31.01 feet to a point for corner; THENCE North 56 deg. 04 min. 16 sec. East a distance of 18.03 feet to the POINT OF BEGINNING and containing
2144.81 square feet or 0.0492 acres of land.
, " STATE OF TEXAS §§ COUNTY OF DALLAS §RIGHT-OF-WAY DEDICATION AND ABANDONMENT OF EASEMENT Date: Grantor: Grantee: ________, 1994 Eddins Enterprises, Inc. Town of Addison Post Office
Box 144 Addison, Texas 75001 Consideration: (a) Ten dollars ($10.00) and other good and valuable consideration paid by Grantee, the receipt and sufficiency of which are acknowledged
by Grantor; and (b) Benefits to be derived by Grantor and its Property as a result of proposed public improvements. Description of Area Dedicated: See Exhibit "A" attached hereto and
by reference made a part hereof. Purpose of Dedication: Public right-of-way for the passage of vehicular and pedestrian traffic, including (without limitation) streets, roads, alleys,
sidewalks, utilities, drainage and other customary uses of public right-of-way. Dedication: Grantor conveys to Grantee an easement and dedicates to the public a right-ofway along, over
and under the Dedication Area for the purposes permitted above TO HAVE AND TO HOLD, unto Grantee, its successors and assigns, and Grantor, together with Grantor's heirs, executors, administrators
or successors, shall Warrant and Forever Defend all and singular the said easement and dedication unto Grantee, its successors and assigns. RIGHT OF WAY DEDICATION AND ABANDONMENT OF
EASEMENT -Page 1
Abandonment:For the same consideration, Grantor abandons all right, title and interest of Grantor in and to any easement estate within the Dedication Area, including, without limitation,
easement rights created under that certain easement agreement recorded in Volume 77249, Page 2154, of the Real Property Records, Dallas County, Texas. Miscellaneous: (a) The rights and
obligations set forth in this Dedication shall bind and inure to the benefit of the successors and assigns of Grantor and Grantee and shall run with land so as to benefit and burden
the future owners of any direct or indirect interest in the real property encumbered by this Dedication. (b) Nothing in this instrument shall be construed as a waiver by Grantee of any
utility connection charge or other charges imposed by ordinance or Charter of the Town of Addison. (c) When the context requires it, singular nouns and pronouns include the plural. EXECUTED
effective as of the day first written above. EDDINS ENTERPRISES, INC., a Texas corporation By:--------------Name:-------------Title:-------------RIGHT OF WAY DEDICATION AND ABANDONMENT
OF EASEMENT -Page 2
STATE OF TEXAS §§ COUNTY OF DALLAS § Before me, this instrument was acknowledged by , the _______---of Eddins Enterprises, Inc., a Texas corporation, on this day of , 1994, on behalf
of the corporation. NOTARY PUBLIC, State of Texas [print Name] MyCommissionExpires: _ RIGHT OF WAY DEDICATION AND ABANDONMENT OF EASEMENT -Page 3
LIENHOLDER'S CONSENT AND SUBORDINATION The undersigned holder of liens against the Dedication Area consents to the grant of this easement and dedication and abandonment of easement and
agrees that the lien evidenced by that certain Deed ofTrust dated , 19_, to _ Trustee, recorded for the benefit of , in Volume , Page , Deed of Trust Records, Dallas County, Texas (and
any other related liens held by the undersigned) are hereby subordinated, in all respects, to the provisions of such Dedication. LIENHOLDER: By: _ Name:-------------Title:-------------STATE
OF-----COUNTY OF----§§§ This instrument was acknowledged before me on the __ day of _ 19_, by of _ on behalf of such----------NOTARY PUBLIC, State of Texas [Print Name] MyCommissionExpires:
_ RIGHT OF WAY DEDICATION AND ABANDONMENT OF EASEMENT -Page 4
TEXAS FEDERAL SUBDIVISION NO. 2 TRACT LEGAL DESCRIPTION BEING a parcel of land situated in the William Lomax Survey, Abstract No. 792, Town of Addison, Dallas County, Texas and being
a part of the Texas Federal Subdivision No.2, an addition to the Town of Addison as recorded in Volume 79147, Page 1914 of the Deed Records of Dallas County, Texas and being more particularly
described as follows: BEGINNING at a point for corner at the most southerly corner of said Texas Federal Subdivision No.2, said point also being in the north line of Addison Center,
an addition to the Town of Addison as recorded in Volume 84103, Page 3367, Deed Records, Dallas County, 􀁔􀁥􀁸􀁡􀁳􀁾 THENCE North 46 deg. 44 min. 00 sec. West a distance of 32.00 feet
to a point for 􀁣􀁯􀁲􀁮􀁥􀁲􀁾 THENCE North 44 deg. 14 min. 47 sec. East a distance of 152.65 feet to a point for the beginning of a curve to the right having a radius of 62.00 feet and
a central angle of 45 deg. 30 min. 53 sec. 􀁾 THENCE along said curve to the right a distance of of 49.25 feet to a point for the end of said 􀁣􀁵􀁲􀁶􀁥􀁾 THENCE North 89 deg. 45 min.
40 sec. Easta distance of 18.84 feet to a point for corner in the north line of said Addison 􀁃􀁥􀁮􀁴􀁥􀁲􀁾 THENCE South 44 deg. 14 min. 47 sec. West along the north line of said Addison Center
a distance of 209.54 feet to the POINT OF BEGINNING and containing 6124.67 square feet or 0.1406 acres of land.
STATE OF TEXAS §§ COUNTY OF DALLAS § ABANDONMENT OF EASEMENT The undersigned, owner of the property shown as cross-hatched on Exhibit "A" attached hereto (the "Property"), hereby abandons
all right, title and interest of the undersigned in and to the easement estate created under that certain easement agreement recorded in Volume 77249, Page 2154, of the Real Property
Records, Dallas County, Texas. Executed effective as of------------, 1994. EDDINS ENTERPRISES, INC., a Texas corporation By:----------------Name:---------------Title:----------------Before
me, this instrument was acknowledged by , the ---:-of Eddins Enterprises, Inc., a Texas corporation, on this __day of ,1994, on behalf of the corporation. NOTARY PUBLIC, State of Texas
[Print Name] My Commission Expires: _ ABANDONMENT OF EASEMENT -Page 1
LIENHOLDER'S CONSENT The undersigned holder of liens against the Property consents to the attached Abandonment of Easement and agrees that the lien evidenced by that certain Deed of
Trust dated __________,19_ to , Trustee, recorded for the benefit of , in Volume _____, Page , Deed of Trust Records, Dallas County, Texas (and any other related liens held by the undersigned)
shall not apply to the easement estate referenced therein. LIENHOLDER: By:_----------Name:-------------Title:-------------STATE OF---COUNTY OF _ §§§ This instrument was acknowledged
before me on the __ day of _ 199_, by of _______, on behalf of such _ NOTARY PUBLIC, State of Texas [Print Narne] MyCommissionExpires:-------ABANDONMENT OF EASEMENT -Page 2
57 /[j. = 4S· 30' 53'/R = 20.CO' T= B. .3S' L= IS.BS' /0" 􀀬􀀬􀁾\ ........ 5 00· 14' 20" E , 32.00' 1983.93 S·.F or 0.0455 AC. BLAKELY VOL. 85100 AIRPORTPG.4042
STATE OF TEXAS §§ COUNTY OF DALLAS § ABANDONMENT OF EASEMENT The undersigned, owner of the property shown as cross-hatched on Exhibit"AII attached hereto (the "Property"), hereby abandons
all right, title and interest of the undersigned in and to the easement estate created under that certain easement agreement recorded in Volume 77249, Page 2154, of the Real Property
Records, Dallas County, Texas. Executed effective as of , 1994. ITEX ENVIRONMENTAL ENTERPRISES, INC., a Texas corporation By:----------------Name:---------------Title:----------------Before
me, this instrument was acknowledged by , the __􀁾􀁟􀀭􀀽􀀭􀀭 of Itex Environmental Enterprises, Inc., a Texas corporation, on this __day of ,1994, on behalf of the corporation. NOTARY
PUBLIC, State of Texas [Print Name] My Commission Expires: _ ABANDONMENT OF EASEMENT -Page 1
LIENHOLDER'S CONSENT The undersigned holder of liens against the Property consents to the attached Abandonment of Easement and agrees that the lien evidenced by that certain Deed of
Trust dated __________,19_ to , Trustee, recorded for the benefit of , in Volume _____, Page , Deed of Trust Records, Dallas County, Texas (and any other related liens held by the undersigned)
shall not apply to the easement estate referenced therein. LIENHOLDER: By:--------------Name:-------------Title:-------------STATE OF---COUNTY OF---§§§ of This instrument was acknowledged
before me on the __ day of _ 199 by _______, on behalf of such _ NOTARY PUBLIC, State of Texas [Print Name] My CommissionExpires: _ ABANDONMENT OF EASEMENT -Page 2
.􀀧􀁾􀀮􀀭 VOL 77249 , PG. 2154 A=4S0 30'S3""R=S2.00'T= i1.81' L= 41.31' INGRESS' EGRESS ESMT' 22S.73' A=4s0 30'S3" R = 20.CO' T= 8. 39' L= IS. 89' I N 430 16' 00" E , II.1IIIIIt 1 TEXAS
FEDERAL'SUBDIVISION I NQ 2 II VOL. 79147 I PG.1914 II .:: jIIII1II'I 􀁎􀀴􀀴􀁾􀀱􀁾􀀧􀀴􀀷􀀢􀁅 IS6.8S' 7 6150.83 S.F..' or 0.1412 AC. "... 60' .. 􀁾􀁬􀁬􀁬Wo::lE'"w ,",,-,<0W>-0<",3: "-.
;; ..... ... 0􀁾􀀾 '0o
MEMORANDUM OF ESCROW AGREEMENT Hex Environmental Enterprises, Inc., Eddins Enterprises, Inc., Personal Way Aviation, Inc., and Carter-Crowley Properties, Inc. have entered into an Escrow
Agreement dated effective as of , 1994, pursuant to which each of the parties hereto has agreed to dedicate public right-of-way and/or abandon private easement rights in and to the portion
of "Frank Luke Drive" identified on the map attached hereto as Exhibit "A". Such escrow agreement shall terminate and be of no further force or effect no later than one (1) year from
the date of this Memorandum of Escrow Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Escrow Agreement as of the date first above written. ITEX ENVIRONMENTAL
ENTERPRISES, INC., a Texas corporation By:-------------------Name:------------------Title:------------------EDDINS ENTERPRISES, INC., a Texas corporation By: _ Name:------------------Title:----------
--------MEMORANDUM OF ESCROW AGREEMENT -Page 1
PERSONAL WAY AVIATION, INC., a Texas corporation By:--------------------------Name: Donald J. Carter Title: President CARTER-CROWLEY PROPERTIES, INC., a Texas corporation By:-----------=-------------
--Name: Jed J. Thompson Title: Vice President -Operations STATE OF---COUNTY OF _ §§ Before me, this instrument was acknowledged by , the ---------of Itex Environmental Enterprises, Inc.,
a Texas corporation, on this __ day of ,1994, on behalf of the corporation. NOTARY PUBLIC, State of Texas [Print Name] My Commission Expires: _ STATE OF---COUNTY OF----§§ Before me,
this instrument was acknowledged by , the _________ of Eddins Enterprises, Inc., a Texas corporation, on this __ day of ,1994, on behalf of the corporation. NOTARY PUBLIC, State of Texas
[print Name] My Commission Expires: _ MEMORANDUM OF ESCROW AGREEMENT -Page 2
STATE OF TEXAS § COUNTY OF DALLAS § Before me, this instrument was acknowledged by Donald J. Carter, the President of Personal Way Aviation, Inc., a Texas corporation, on this day of
_________,1994, on behalf of the corporation. NOTARY PUBUC, State of Texas [Print Narne] My Commission Expires: _ STATE OF TEXAS § COUNTY OF DALLAS § Before me, this instrument was acknowledged
by Jed J. Thompson, the Vice PresidentOperations of Carter-Crowley Properties, Inc., a Texas corporation, on this __ day of _________,1994, on behalf of the corporation. NOTARY PUBUC,
State of Texas [Print Narne] My Commission Expires: _ AFTER RECORDING RETURN TO: Jeffrey P. Fink, Esquire General Counsel Carter-Crowley Properties, Inc. 2711 LBJ Freeway, Suite 400
Dallas, Texas 75234 F:\CCP\FrankLuke.Mem MEMORANDUM OF ESCROW AGREEMENT -Page 3
2711 LBJ Freeway Suite 400 Dallas, Texas 75234 (214) 247-8535 (214) 247-8213 Fax # April 21, 1994 Mr. John Baumgartner, P.E. Director of Public Works Town ofAddison P.O. Box 144 Addison,
Tx. 75001 . RE: Dedication of Frank Luke Drive Dear John: In accordance with our previous discussions, Carter-Crowley Properties, Inc. and the adjoining property owners along Frank Luke
Street would like to make modifications to the existing intersection with Addison Road. .The current drive approach intersects Addison Road at an angle and the present sight distance
creates . a serious traffic hazard. We are proposing to close the existing drive approach onto Addison Road and to reroute traffic through the existing approach that is currently located
on the Addison Tower Property. This would eliminate a confusing intersection and should greatly reduce potential traffic hazards. In addition, we are also proposing to dedicate a portion
ofthe existing roadway to the Town ofAddison. There are several different property owners along the roadway and in essence the road currently serves as a public thoroughfare. The adjoining
property owners have agreed to the dedication of the right-of-way and have submitted letters of concurrence to you regarding this proposal. We are now ready to proceed with whatever
steps are necessary to obtain final approvalofthe proposed improvementsand modifications. Carter-Crowley Properties, Inc. agrees to bear these costs associated with the dedication and
reconstruction of Frank Luke Street as currently proposed. , , Atiached for your use are 18 copies of Exhibit "A" showing the various parcels to be dedicated to the Town .' ofAddison..
Also shown on Exhibit "A" are several existing ingress-egress' easements that are to be abandoned in conjunction with this dedication. Also attached are 18 copies of Exhibit "B" showing
the general area of street r"econstruction and the existing approach and driveway area to be closed. ' Ifyou have any' questions regarding this request or require any additional information,
please do not hesitate, 􀁷􀁾􀀭 " . Sincerely, CARTER-CROWLEY PROPERTIES," INC. Frank Babb· cc: Mr. Donald J. Carter, Mr. Jed J. Thompson
3, 1994 Mr. J n Baumgartner, P.E. Directo s of Public Works Town of ddison PO Box 4 Addiso exas 75001 RE: Frank Luke Street Dear John: The undersigned, owner of Texas Federal Subdivision
No.2, has reviewed the plan proposed by Carter-Crowley Properties, Inc. for closing a portion of the existing driveway access onto Addison Road. In addition we have reviewed the preliminary
right-ot-way plan for the dedication of public right-of-way to the Town of Addison for Frank Luke Street and we are in general agreement with the intent of the proposals. In conjunction
with the proposed right-of-way dedication, we also support the abandonment of the exist ing ingress-egress easement that includes the portion, of the driveway area that is to be closed.
Upon completion of a final plan that is mutually agreeable to all parties, we will execute the appropriate documents for these transactions. Sincerely, Roy A. Eddins RAE/ah c.c. Mr.
Frank BabbP. O. BOX 7066 /DALLAS, TEXAS 75209
􀀡􀁾􀁾􀀺􀀧􀁾 ,.---. Mr. John Baumgartner, P.E. Director ofPublic Works Town of Addison P.O. Box 144 Addison, Texas 75001 March 6, 1994 RE: Frank Luke Street Dear John: The undersigned,
as owner ofBlakely Airport Addition, has reviewed the plan proposed by Carter-Crowley Properties, Inc. for closing a portion ofthe existing driveway access onto Addison Road. In addition
we have reviewed the preliminary right-of-way plan for the dedication ofpublic right-of-way to the Town of Addison for Frank Luke Street and we are in general agreement with the intent
ofthe proposals. In conjunction with the proposed right-of-way dedication, we also support the abandonment ofthe existing ingress-egress easement that includes the portion ofthe driveway
area that is to be closed. Upon completion ofthe final plan that is mutually agreeable to all parties, we will execute the appropriate documents for these transactions. 􀁳􀁴􀁾 Rick Redle
Vice President Sky America, Inc. as Managing General Partner to RGS Properties, Inc. RR/em CC: Ritchie G. Studer ..,/Frank Babb WESTGROVE AIR PlAZA 4570 WESTGROVE ROAD ADDISON. TEXAS
75248 214'733'3161, FAX 214'733'0603
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SIGMA ATTN: JOHN BROGAN 555 NORTH LANE #6020 CONSHOCHOCKEN,PA CONSHOCHOCKEN,PA 19428-2233 Addr Zip P'(operty 16445 ADDISON RD .... 1.... ·-. 􀀧􀀭􀁉􀀧􀁾 ."')-ADDISON,· IX 􀀷􀀬􀀺􀀩􀀮􀀮􀀺􀀺􀀮􀀴􀀸􀀭􀁾􀀮�
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Ln# Delinquent Comments 001 PHONE FOR JOHN BROGAN 215 834-0221 X2133 002 1991 TAXES PD BY KNUTSON MORTGAGE #106089-2 . Display? (/? PI MI LU AR BICR RF)