2003 Arapaho Land acquisition -Public Storage u.I ......I iiU $5a COWLES &THOMPSON A Professional Corporation􀁾􀁡􀀮􀀻􀁲􀀠1978·2003 ATTORNEYS AND COUNSELORS JOHN M. HilL 21H172.2170 JHtLI..@COWLESTHOMPSON.COM ., " I", t I',': " Augusi4, 2003i:" . ,: 􀁾.f •• 􀁾􀀢􀀬􀀠, .': Mr. Mike Murphy Director ofPublic Works Town ofAddison 16801 Westgrove Drive Dallas, TX 75001 ,.": \ :;., ":' , \. RE; PubHCSforage iifDallas, Lta. . >DearMike: . Enclosed:'js a cOpy of fue 􀁣􀁩􀁾􀁳􀁾􀁧􀀠binder in connection with the purchase of the property from 􀁐􀁵􀁾􀁬􀁩􀁣􀁓􀁴􀁯􀁮􀁩􀁧􀁥􀀠ofDallas, pd. . ;-: 􀀧􀀺􀁾􀀧􀀠.'.. .: Please give ine a call lfyou have any questions. , ; !' ,':, .-'v ' 􀁾􀀠" I 􀀧􀀬􀁾􀀮􀀻􀀠Very truly yours, ,f" 􀁾􀁌􀁾􀁍􀀮􀁈􀁩􀀱􀀱􀀠JMHIyjr Enclosure cc: Mr. Ken C. Dippel , \ ;-:.., 901 MA!N STREET SUITE 4000 DAU.. AS, TEXAS 􀀷􀀵􀀲􀀰􀀲􀀭􀀳􀁾􀀹􀀳􀀠o ALL A S T Y L E R TEL 214.672.2000 FAX 214 612.2020 Docummtlt: 1063720 WW,W, COW l E S HI (} M P S (} N.C I) M " -l,. --,: Seller: Public 􀁓􀁴􀁾􀁡􀁧􀁥􀀠ofDallas, Ltd. Purchaser: Town of Addison, Texas Property: 1.0855 acres, more or less, and 1.0955 acres, more or less out of the David Myers Survey, Abstract No. 923, together with two temporary construction easements, all in the Town of Addison, Dallas, County, Texas Closing: Monday, July 28, 2003 1. Contract of Sale 2. Unanimous Written Consent in Lieu ofSpecial Meeting 3. Partial Release of Lien (1.0855 acre tract) 4. Partial Release ofUen (1.0955 acre tract) 5. Special Warranty Deed 6. Temporary Construction Easement 7. Designation Agreement 8. Addison Letter dated July 24, 2003 9. Closing Instruction Letter from Cowles & Thompson 10. Purchaser's Statement 11. Affidavit of Non-Foreign Status , , , . 12. Affidavit as to Debts and Liens and Parties in Possession ,. 1 􀀮􀁾􀀠; 1 , : 13. Tax: Certificate (for informational purposes) 14, 'C" First'American Title Insurance Company Commitment No. 002 IS. First Amedcan Title Insurance Company Owner's Policy No. (to be forwarded) I \""j ; : I' ;1 ,. .:" . , . ": 􀁾􀀬􀀠{BOLDj Denotes items being recorded . .., ._, Republic Title of Texas, Inc. PatriCia A; Sherman Bruce, Vke President GF NO. 02R14047/SJ7 􀀧􀀮􀀡􀀭􀁜􀁾􀀭􀀮􀁾􀁾􀀮􀀨􀁜􀁉􀁴􀁜􀀢􀀢􀁾􀀧􀀡􀀧􀀭􀀬􀁾􀀺􀁊􀁜􀀢􀀠",'. '-'1;'<::4\' 􀂷􀂷􀂷􀁾􀁉􀁩􀁾􀁪􀀮􀁴􀂷 􀀠. ,I'f:P;\PAmelA\Oplm\Z -Town ofAddison'al1ies Boupd. This Contract is binding upon and inures to the benefit of Seller and Buyer, and their respective heirs, personal represP.j1tatives, successors, and permined assigns. .,) COnlr!!" of S.,. -Pace 10 or1% 􀁾􀁵􀁙􀀠 􀀡􀀢􀀢􀀬􀁕􀁗􀁌􀁉􀀺􀀮􀁾􀀠􀁾􀀠I 􀁈􀁊􀁉􀀧􀁪􀁪􀁾􀁕􀁉􀀧􀁖􀀠10.6 Further MIS. In addition to the acts and deeds recited in this Contract and contemplated to be performed. executed. and/or delivered by Seller to Buyer, Seller and Buyer agree to perform, execute, and/or deliver or cause to be performed, executed. and/or delivered at the Closing or after the Closing any and all further acts, deeds, and assurances as are reasonabIy necessary to consummate the transaction contemplated hereby. 10.7 AssignmeJIt. Neither Seller nor Buyer shall hllve the power or right to assign. transfer. pledge, or otherwise convey this Contrnct without the prior written consent of the other party hereto; any such assignment. transfer. pledge, or other conveyance without such prior 􀁷􀁲􀁩􀁴􀁴􀁾􀁮􀀠consent shall be null and void. 10,8 Survival. Any of the representations, warranties. covenants, and obligations of the panies. as well as any rights and benefits of the parties, pertaining to a period of time following the Closing or expiration of this Agreement shall survive termination or expiration, All warranties, representations, disclaimers and agreements contained herein shall survive the Closing hereof. 10.9 Exhibits. All exhibits to this Agreement are incorporated herein by reference for all purposes wherever reference is made to the same, 10.10 CounterPart EXecution, nus Contract may be executed in several counterpans. each of which shall be fully effective as an oFiginaJ and all ofwhich together shall constitute one and the same instrument. Either party may execute and deliver this Contract by telephone facsimile transmission, and the receiving party shall be entitled to rely fully thereon as an original. 10.11 Maintenance of the PropertY and Easement Area. Between the'Effective Date and the Closing, Seller shall: (a) Maintain the Property and the Easement Area in good repair, reasonable wear and tear accepted, except that in the event of a fire or other casualty, damage or loss. Seller shall have no duty to repair said damage other than as provided in this Contract; (b) Advise Buyer promptly of any litigation, arbitration or administrative hearing concerning or affecting the Property ofwhich Seller has knowledge or notice; (c) Immediately notifY Buyer of any material injury or damage to the Property or any portIOn thereof; (d) Not, without the prior wrinen consent of the Buyer, create, place or permit to be created or placed, or through any act or failure to act, acquiesce in the placing of, or allow to remain, any deed of trust, mortgage. voluntary or involuntary lien, whether statutory, constitutional or contractual (except for the lien for ad valorem taxes on the property which are not delinquent) security interest. encumbrance or charge, or conditional sale or other title retention document, and should any of the foregoing become attached hereafter in any manner to any pan of the Property or Easement Area without the prior written consent of Buyer, Seller shall cause the same to be promptly discharged and released; and Conlla,! or Sal. -Page 11 on:! 􀁏􀁃􀁔􀀭􀀲􀀳􀀭􀀻􀀧􀁾􀀳􀀠14:33 (I) Not release and not allow or pennit the release of Hazardous Malerials of any kind in, under, or above the improvements on the Propeny and Easement Area or into or onlO the surface water, ground water, sailor sl!bsunace of the Property and the Easement Area. 10.ll Saturday. Sunday or Legal Holiday. If any date set fonh in this Contract for the performance of any obligation by Buyer or Sellcr or for the delivery of any instnUl1cnt or notice should be on a Saturday, Sunday or legal holiday, the compliance with such obligations or delivery shall be deemed acceptable on the next business day following such Saturday, Sunday or legal holiday. 10,13 Time. Time is of the essence in all matters pertaining to the performance of this Contract. Dated Effective: :.l􀁾􀀠tJ .2003 SELLER: PUBLIC STORAGE OF DALLAS, LTD, By: Watson & Taylor Management, Inc., a Texas co oration, its sole gcneral partner By: , 􀁾􀁾􀀧􀀭􀀭􀁾􀀠A. Starke Tayl III, President Watson & Taylor Management, Inc. Dated Effective::: \ \.......\., \ 􀁾􀀬2003 BUYER: TOWN OF ADDISON, TEXAS -;: 􀁾􀁷􀁴􀀲􀁴􀁾􀀠􀁣􀀻􀀮􀁾RO: 􀁾􀁥􀁡􀁤􀀬City Manager Contract p(::ille -Page II ofl2 TOTAL P .14 CONTRACT OF SALE This Contract of Sale ("Contract") is made and entered into by and between Public Storage of Dallas, Ltd. ("Seller"), a Texas limited partnership, and the Town of Addison, Texas ("Buyer"). ARTICLE I Defined Terms 1.1 Definitions. As used herein, the following terms shall have the meanings indicated: "Closing" means the consummation of the purchase of the Property by Buyer from Seller in accordance with Article VII. "Closing Date" means the date specified in Section '7.1 on which the Closing is to be held. "Deed" means the Special Warranty Deed executed by Seller in favor of Buyer, substantially in the form attached hereto as Exhibit C. ''Temporarv Construction Easement" means the Temporary Construction Easement executed by Seller in favor of Buyer, substantially in the form attached hereto as Exhibit P. "Easement Area" means those certain tracts of land described in Exhibit B, attached hereto, which property shall be used temporarily for construction purposes (and identified in the said Exhibit Bas Parce112-TE and Parcel13-TE) pursuant to and in accordance with the Temporary Construction Easement. The exact metes and bounds description of the Easement Area shall be determined by the Survey. "Effective Date" means the date an which Buyer and Seller have bath fully executed this Contract, including, if appropriate, the initials of the parties an any counter-offers proposed by either party. "Permitted Exceptions" means, with respect to the Property and the Easement Area, all validly eXIsting and presently recorded public utility easements, all exceptions reflected in either the Surveyor the Title Commitment (or both) to which Buyer does not timely abject under Section 5.3 of this Contract or which are waived or deemed waived by Buyer under Section 5.4, and as otherwise defined herein; provided, however, that notwithstanding the foregoing, or any other term or provision 'of this Contract to the contrary, Seller agrees that (i) liens, leases, or rental agreements on or affecting the Property and the Easement Area are not Permitted Exceptions, and shall be removed, cured or banded around by Seller at or prior to Closing to Buyer's satisfaction and at Seller's sole cost and expense and (ii) the requirements, of Schedule C of the Title Commitment shall in no event be deemed to have been waived. "Propertv" means those certain tracts of land situated in the Town of Addison, Dallas County, Texas, described by metes and bounds in Exhibit A attached hereto and incorporated herein (and identified in the said Exhibit A as Parcel 12 and Parcel 13), together with all buildings, facilities, "\ . or other structures or improvements, including, without limitation, fixtures, presently 􀁓􀁩􀁾􀀤􀀠Contract of Sale -Page 1 of 12 \: ;;: thereon and all privileges, rights, easements, hereditaments and other rights appunenimt thereto. The exact metes and bOlll1ds description ofthe Property shall be determined by the Survey. "Purchase Price" means the total consideration 10 be paid by Buyer to Seller for the purchase of the Property as set forth in Section 3.1. "Remaining Property" means the real property described in Exhibit E save and except the Property. "Survev" means the Survey as described in Section 5.2. "Title Companv" means Republic Title of Texas, Inc., 2626 Howell St., 10th Floor, Dallas. Texas 75204-4064. 1.2 Other Defined Terms. Certain other defined terms shall have the respective meanings assigned to them elsewhere in this Contract. ARTICLEll Agreement of Purebase and Sale 2.1 A!!:reement. On the terms and conditions stated in this Contract, Seller hereby sells and agrees to convey the Property and the Easement Area to Buyer, and Buyer, in consideration of the performance of the agreements of Seller contained in this Contract and in reliance on the representations and warranties of SeHer contained in this Contract and subject to the conditions precedent contained in this Contract, hereby agrees to purchase the Property and the Easement Area from Seller. 2.2 Inspection Period. For a period of 30 days from and after the Effective Date (the "Inspection Period"), Buyer shall have the right to enter upon the Property and to conduct such inspection and review of the Property as Buyer shall determine to be necessary. Buyer agrees to indemnify and hold harmless Seller, its tenants and employees from and against any and all injuries, losses, liens, claims, judgments, liabilities, costs, expenses or damages sustained by or threatened against Seller which result from or arise out of Buyer's inspection or review of the Property; provided, however, that such indemnity and' hold harmless is given by Buyer subject to and without waiving any immunity or any defense' to which Buyer, its officials, officers, employees or agenta are or may be entitled; and further, the parties hereto agree that such . indemnity and hold harmless is subject to, and any payment by Buyer in connection with such indenmity and hold. harmless shall not exceed, the monetary limitation of damages (for municipalities) set forth in the Texas Tort Claims Act (Chapter 101, Tex. Civ. Prac. & Rem. Code). In the event the sale of the Property is not consummated, Buyer shall restore, or cause to be restored the Property to as near the condition thereof existing prior to any entry by Buyer, its agents. employees, contractors or representatives, normal wear and tear excepted. In the event the inspection and review of the Property does not meet with Buyer's approval, in Buyer's sole discretion, Buyer may at any time within the Inspection Period terminate this Contract by giving written notice to Seller of such election. . ARTICLEllI Purchase Price Contract ofSale Page 2 of12 3.1 Purchase Price. The Purchase Price for the Property and the Easement Area to be paid by Buyer to Seller is One Million Five Hundred Eighty-Three Thousand Two Hundred Ten and No/IOO Dollars ($1,583,210.00). The Purchase Price is payable by Buyer in cash (subject to prorations and other credits provided for in this Contract) at Closing. ARTICLE IV Representations, Warranties and Covenagts 4.1 Seller's Representations and Warranties. Seller makes the following representations and warranties: (a) Seller is a limited partnership duly organized, validly eXlstmg and in good standing under the laws of the State of Texas and Seller has the full right, power, and authority to sell and convey the Property and the Easement Area as provided in this Contract and to carry out Seller's obligations hereunder, and all requisite action necessary to authorize Seller to enter into this Contract and to carry out its obligations hereunder has been, or by the Closing will have been, taken; (b) Seller has not received notice from any governmental or quasi-governmental agency requiring the correction of any condition with respect to the Property or the Easement Area, or any part thereof, by reason of a violation of any federal, state, county or city statute, ordinance, code, rule or regulation or stating that any investigation is being commenced or is contemplated regarding any of the foregoing; (c) There are no leases, licenses or other agreements or obligations to which Seller is a party or by which Seller, the Property, or the Easement Area is bound which affect or may affect the Property or the Easement Area or the use thereofby the Buyer; (d) Seller has not itself, and to the best of Seller's knowledge no prior owner or current or prior tenant or other occupant of all or any part of the Property or the Easement Area at any time has used or deposited Hazardous Materials (hereinafter defined) on, from, or affecting the Property or the Easement Area in any marmer that violates federal, state, or local laws, ordinances, orders, policies, rules, standards, or regUlations (and including, without limitation, the Comprehensive Environmental Respouse, Compensation and Liability Act, the Superfund Amendment and Reauthorization Act, the Resource Conservation Recovery Act, the Federal Water Pollution Control Act, the Federal Environmental Pesticides Act, the Clean Water Act, the Clean Air Act, and all so-called federal, state and local "superfund" and "superlien" statutes) governing or regulating the use, storage, treatment, transportation, generation, or disposal of Hazardous Materials (collectively, the "Environmental Laws") and to the best of Seller's knowledge no Hazardous Materials have been disposed of on the Property or the Easement Area.' "Hazardous Materials" shall mean and include those elements or compounds which are contained in the list of Hazardous Substances adopted by the United States Environmental Protection Agency and the list of toxic pollutants designated by Congress or the Environmental Protection Agency, and any flammable substances, explosives, radioactive materials, hazardous waste, toxic substances, pollutants, pollution or related materials regulated under any of the Environmental Laws; (e) No work has been performed or is in progress at, and no materials have been ,;J furnished to, the Property or the Easement Area which, though not presently the subject of, 􀁭􀁩􀁧􀁨􀀰􀁾􀁾􀀠. 􀀯􀁜􀁾􀀠. Contract of Sale -Page 3 of 12 give rise to, mechanics', materialmen's or other liens against the Property or the Easement Area Of any portion thereof. If any lien for such work is filed before or after Closing hereunder, Seller shall promptly discharge the same. (f) Neither the Property nor the Easement Area, nor any part of the Property or the Easement Area, is subject to or the subject of any litigation, or other legal or administrative proceeding to which Seller is a named party, and Seller has no actual knowledge of any facts which might result in any such litigation or proceedings and no actual knowledge of any litigation or other legal or administrative proceeding involving the Property or the Easement Area. 4.2 Buyer's Representations and Warranties. Buyer has the full right, power. and authority to buy the property as provided in this Contract and to carry out Buyer'S obligations hereunder, and all requisite action necessary to authorize Buyer to enter into this Contract and to carry out its obligations hereunder has been, or by by the Closing will have been, taken. 4.3 "AS IS". TO INDUCE SELLER TO ENTER INTO THIS CONTRACT, BUYER ACKNOWLEDGES AND AGREES THAT, EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS ARTICLE IV, AND EXCEPT FOR SELLER'S WARRANTY OF TITLE IN SELLER'S SPECIAL WARRANTY DEED AND TEMPORARY CONSTRUCTION EASEMENT, THE PROPERTY AND EASEMENT AREA SHALL BE CONVEYED AND TRANSFERRED TO BUYER "AS IS, WHERE IS, AND WITH ANY AND ALL FAULTS AND PATENT AND LATENT DEFECTS", AND SELLER HAS NOT MADE, DOES NOT MAKE, AND SPECIFICALLY DISCLAIMS, ANY REPRESENTATION, PROMISE, COVENANT, AGREEMENT, GUARANTY OR WARRANTY OF ANY KIND OR CHARACTER, EXPRESS OR IMPLIED, OR ARISING BY OPERATION OF LAW, AS TO THE QUANTITY, QUALITY, CONDITION, SUITABILITY, HABITABILITY, OR' FITNESS OF THE PROPERTY AND EASEMENT AREA FOR ANY PURPOSE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION REGARDING SOIL CONDITIONS, A V AILABILITY OF UTILITIES, DRAINAGE, ZONING LAWS,. ENVIRONMENTAL LAWS, OR ANY OTHER FEDERAL, STATE OR LOCAL STATUTES, CODES, REGULATIONS OR ORDINANCES. BUYER ALSO ACKNOWLEDGES AND AGREES THAT THE PROVISIONS IN THIS CONTRACT FOR BUYER'S INSPECTION AND INVESTIGATION OF THE PROPERTY AND EASEMENT AREA ARE ADEQUATE TO ENABLE BUYER TO MAKE BUYER'S OWN DETERMINATION WITH RESPECT TO THE SUITABILITY OR FITNESS OF THE PROPERTY, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO SOIL CONDITIONS, AVAILABILITY OF UTILITIES, DRAINAGE, ZONING LAWS, ENVIRONMENTAL LAWS, AND ANY OTHER FEDERAL, STATE OR LOCAL STATUTES, CODES, REGULATIONS OR ORDINANCES. BUYER ACKNOWLEDGES THAT THE DISCLAIMERS, AGREEMENTS AND OTHER STATEMENTS SET FORTH IN THIS PARAGRAPH ARE AN INTEGRAL PORTION OF THIS CONTRACT AND THAT SELLER WOULD NOT AGREE TO SELL THE PROPERTY AND CONVEY THE EASEMENT AREA TO BUYER FOR THE PURCHASE PRICE WITHOUT THE meCLAlMERS, AGREEMENTS AND OTHER STATEMENTS SET FORTH IN THIS PARAGRAPH. BUYER FURTHER ACKNOWLEDGES THAT 􀁾􀀠BUYER IS NOT IN A DWF'ARATE BARGAINING POSITION WITH RESPECT TO 􀁾􀁾􀀠ContractorSale Page4ofl2 4 􀁾􀀠 SELLER. THE PROVISIONS CONTAINED IN THIS PARAGRAPH SHALL SURVIVE THE CLOSING HEREUNDER AND THE DELIVERY FROM SELLER TO BUYER OF THE SPECIAL WARRANTY DEED AND THE TEMPORARY CONSTRUCTION EASEMENT, EACH OF WHICH SHALL CONTAIN APPROPRIATE "AS IS" LANGUAGE SIMILAR TO THE FOREGOING. ARTICLE V Survev and Title 5.1 Title Commitment: Exception Documents. Within 10 days after the expiration of the Inspection Period, Buyer, at Buyer's expense, shaH obtain a commitment for title insurance (the "Title Conunitment") for the Property issued by the Title Company, along with copies of the instruments that create or evidence all title exceptions affecting the Property. With regard to the standard printed exceptions and other conunon exceptions generally included in the Texas form of Conunitment for Title Insurance: (i) the exception for restrictive covenants shall be deleted, (ii) the exception for area and boundaries shall be annotated to show that upon receipt by the Title Company of a satisfactory survey and payment of premium by Buyer, the exception will at Closing be limited to "shortages in area", (iii) the exception for ad valorem taxes shall reflect only taxes for the then current year and subsequent years and subsequent taxes and assessments for prior years due to change in land usage or ownership, (iv) there shall be no exception for "visible and apparent easements," for "public or private roads" or the like, and (v) there shall be no exception for rights of parties in possession or rights of tenants under any unrecorded leases or rental agreements. 5.2 Survev. Buyer has heretofore obtained a survey of the Property and the Easement Area, a true and correct copy of which has been provided to Seller. Within 20 days after the Effective Date, Buyer may obtain, at its expense and as Buyer deems necessary, a new surveyor an updated survey of the Property and the Easement Area (the existing surveyor the new or updated survey being referred to as the "Survey"). Such Survey may include thereon such information as the Buyer deems appropriate or necessary. 5.3 Review of.Title Commitment. Survev, and Exception Documents. Buyer shall have ten (10) days after receipt of the last of the Title Commitment and the Survey (the "Title Re'(iew Period") in which to give notice to Seller specifYing Buyer's objections to one or more of the Title Conunitment, the Survey, and the items or instruments described in Section 5.1 (the "Objections"), if any. All items set forth in the Title Conunitment as being required to be released at or prior to Closing, or that are requirements that must be satisfied or the Title Company will refuse to cover them, shall not be Permitted Exceptions, whether or not objected to by Buyer. Seller covenants to cure all matters listed in Schedule C of the Title Conunitment so that none will be Permitted Exceptions. None of the exception items described in Section 5.1 above shall be Permitted Exceptions except as described in Section 5.1, whether or not objected to by Buyer. Other items set forth in the Title Commitment which are not objected to by Buyer shall be deemed Permitted Exceptions . .5.4 Seller's 􀁑􀁢􀁬􀁩􀁾􀁬􀁬􀀮􀁴􀁩􀁱􀁬􀁌􀁴􀁯􀀠Cure; lliI:L"d:'!iJ'Jght to Terminate. If Buyer notifies Seller of Objections, then SeHer shall, within ten (10) days thereafter (the "Cure Period"), either satisfY the Objections at Seller's sole cost and expense, or promptly notifY Buyer in writing of the. 􀁾􀀠Objections that Seller cannot or will not satisfY at Seller's expense. If Seller fails or refuses to ".!' Contr.et ofS.le-Page 5 0(1;: 􀁾J satisfy any Objections within the Cure Period, then Buyer as its sole remedy has the option of either (i) waiving the unsatisfied Objections, or (ii) terminating this Contract in which event Seller and Buyer shall have no t't.uther obligations, one to the other, with respect to the subject matter of this Contract. Buyer's written election to terminate this Contract shall be given to Seller no later than five (5) days after expiration of the Cure Period. Buyer's failure to timely send notice of its termination of this Contract will be deemed an election of subsection (i) above. 5.5 Title Policy. At the Closing, Buyer, at Buyer's sole cost and expense, shall cause a standard Texas owner's policy of title insurance (the "Title Policy") to be furnished to Buyer. The Title Policy shall be issued by the Title Company in the amount of the Purchase Price. and insuring the Buyer an indefeasible fee simple title to the Property. The Title Policy may contain only the standard printed exceptions (except that (i) the restrictive covenants shall be endorsed "None of Record", and (ii) Buyer, at its expense, may cause the Title Company to delete all portions of the survey exception except "shortages in area") and the Permitted Exceptions. ARTICLE VI Conditions to Buyer's Obligatious 6.1 Conditions to Buver's Obligations. The obligations ofBuyer hereunder to consummate the transaction contemplated hereby are subject to the satisfaction, as of the Closing, of each of the following conditions (any ofwhich may be waived in whole or in part in writing by Buyer at or prior to the Closing): (a) All representations and warranties of the Seller shall be true on and as of the Closing Date; and (b) The Property, the Easement Area or any part thereof, shall not have been and shall not be threatened to be materially or adversely affected in any way as a result of litigation, any action by the United States or any other governmental authority, flood or act of God; and (c) Buyer has received the Title Policy. ARTICLE VII Closing 7.1 Date and Place of Closing. The Closing shall take place in the offices of the Title Company. The Closing Date shall be Monday, Jtll, 21,2003, unless otherwise agreed to by the parties in writing. :fwl'l J....a 􀁾􀀠7.2 Items to be Delivered at the Closing. (a) Seller. At the Closing, Seller shall deliver or cause to be delivered to Buyer, at Seller's sole cost and expeuse (except as otherwise expressly provided in this Contract), the following items: (i) The Deed, duly executed and acknowledged by Seller, subject only to the Permitted Exceptions; (ii) The Temporary Construction Easement, duly executed and acknowledged 􀁾􀀠by Seller; fi',if' Contract of Sale -Page 6 of 12 􀁾􀁬􀁖􀀠 (iii) An affidavit, in form acceptable to Buyer, in compliance with Section 1445 of the Internal Revenue Code of 1986, as amended, and any regulations promulgated thereunder, stating under penalty of perjury the Seller's United States identification number and that Seller is not a "foreign person" as that term is defined in Section 1445; provided. however, that if Seller fails to deliver this affidavit, Buyer shall be entitled to witlthold from the Purchase Price and pay to the Internal Revenue Service the amounts required by Section 1445, and applicable regulations promulgated thereunder; (iv) A "Bills Paid Affidavit" on the Title Company's standard form verifying that there are no unpaid bills or claims for labor performed or materials furnished to the Property or Easement Area prior to the Closing, and by which Affidavit Seller indenmifies and holds Buyer harmless from any loss, liability, cost or expense (including, without limitation, attorneys' fees and court costs) of Buyer resulting from or incident incident to claims against the Property or Easement Area for any matter; (v) Sufficient evidence that the sale of the Property and the execution of the Temporary Construction Easement has been approved in accordance with the terms of Seller's governing documents and that the pe-rson executing the Deed, the Temporary Construction Easement and any other closing documents on behalf of Seller is duly authorized by Seller to do so; (vi) Such other documents as the Title Company may request in order to close this Contract and issue the Title Policy (including, without limitation, such affidavits as the Title Company may reasonably request in order that the Title Policy will not contain exceptions for rights of parties in possession and rights of tenants under any unrecorded leases or rental agreements, or to the extent necessary to determine that the Seller is not the same individual as may be identified in any abstracts ofjudgment, bankruptcy filings, that there are no unpaid debts for work that has been done or or materials furnished in connection with the Property and that there are no unrecorded mechanic's or materialmen's liens upon the Property, etc.). (b) Buver. At the Closing, Buyer shall deliver to Seller: (i) The Purchase Price; and (ii) Resolutions of Buyer authorizing this transaction; and (iii) Such other documents as the Title Company may request in order to close this Contract and issue the Title Policy. 7.3 Adjustments at Closing. Seller has and shaH assume the obligation to pay property taxes and assessments for the current year 2003 through the Closing Date only. ,. ,. 7.4 Possession at Closing. Possession of the Property and Easement Area shaH be delivered , to Buyer by Seller at the Closing. In connection therewith, Seller shall cause each person (whether an individual or a business entity) occupying the Property and the Easement Area (whether pursuant to a lease or otherwise) to vacate the Property and Easement Area or any part thereof and to remove all personal property therefrom prior to such possession by Buyer and to deliver possession of the Property and the Easement Area to Buyer free and clear of any leases, "') rental agreements or other arrangements, storage agreements, tenants, or other occupants; 􀁂􀁵􀁾􀁾􀀱􀀠Contract of Sale -Page 7 of 12 lr shall not be responsible for relocation costs or any other costs or expenses in connection with the vacation of tenants or occupants, tenant leases or any other tenant or occupant matter, and Seller agrees to indemnify, hold harmless, and defend Buyer, its officers, agents and employees from and against claims or suits for injuries, damages, loss, or liability arising out of or in connection with any tenant's or other person's vacation of the Property and the Easement Area, termination or nonrenewal of leases, or other tenant or occupant matter. 7.5 Costs of Closing. Buyer shall pay all recording fees attributable to the transfer of title to the Property. Buyer and Seller shall split the closing or escrow fees of the Title Company. Each party shall pay its own attorneys' fees and expenses incurred in negotiating, preparing and closing the transaction contemplated herein. ARTICLE VITI Defaults and Remedies . 8.1 Seller's Defaults; Buver's Remedies. IfSeller defaults under this Contract, Buyer may, as Buyer's Buyer's sole optioIl,.do anyone of the following: (i) terminate this Contract by written notice delivered to Seller on or before the Closing Date; or (ii) enforce specific performance of this Contract against Seller requiring Seller to convey the Property and the Temporary Construction Easement to Buyer. Buyer shall also be entitled to pursue coooenmation of the Property and the Easement Area. 8.2 Buver's Default; Seller's 􀁒􀁥􀁭􀁾􀁤􀁩􀁥􀁳􀀮􀀠If Buyer defaults under this Contract, Seller, as its sole and exclusive remedy, may either: (i) terminate this Contract by written notice delivered to Buyer on or before the Closing Date; or (ii) sue Buyer to enforce specific performance of this Contract. ARTICLE IX Post-Closing Obligations 9.1 Arapaho Road Construction. The Property and the Easement Area are being purchased and acquired by Buyer for the purpose of the extension of and the construction of improvements to Arapaho Road and for other public purposes (the "Arapaho Road Improvements"). In connection with the construction of the Arapaho Road Improvements: (a) The Town of Addison shall construct OF cause to be constructed a security wall or barrier constructed generally of masonry material (such as stone, brick, concrete, hollow-tile concrete-block, gypsum-block, or other similar building units or materials or a combination of the same) and iron at least eight (8) feet in height (the "wall") to serve as a buffer between the Property and the Remaining Property. The wall (together with a security gate as shown on the attached Exhibit F) shall be constructed in accordance with the standards of the Town of Addison. Such wall shall be constructed on the Remaining Property and adjacent to the Property, and shall generally extend the length of the common boundary between the Property and the Remaining Property. A general description and depiction of the location of the wall is shown on Exhibit F attached hereto and incorporated herein. The elevation and design of the wall shall be submitted by the Town of Addison to the Seller for the Seller's review and reasonable approval prior to construction. As a part of the construction of the wall and upon the ") completion of construction and the acceptance thereof by the Town of Addison and the Seller, ...r". the Town shall obtain from the contractor a maintenance bond covering the faithful 􀁭􀁡􀁩􀁮􀁴􀁥􀁮􀁾􀂥􀀠Contract or Sale -Page 8 or 12 bJI of the contractor's work for a period of at least one (1) year (the term of such bond being the "maintenance period") following the final completion and acceptance of the wall. During the maintenance period, Buyer shall have the right and an easement (and Seller hereby grants such right and easement) to use as much of the surface of the Remaining Property that is adjacent to the wall as may be reasonably necessary to maintain the wall. Upon the expiration of the maintenance period, Seller, its successors and assigns, shall be responsible for the upkeep, maintenance, and repair of the wall (including, without limitation. any reconstruction or replacement ofthe wall) and shall keep the wall in a good and safe condition. This obligation of Seller to provide upkeep, maintenance and repair of the wall in a good and safe condition following the expiration of the maintenance bond period shall run with the Remaining Property. (b) The Town of Addison shall construct or cause to be constructed on the Property a median opening (and attendant curb cuts) to allow motor vehicle access to the Remaining Property for motor vehicles traveling east or west bound on Arapaho Road. A general depiction of the location of the median opening is depicted in attached Exhibit F. Such construction shall be in accordance with the standards ofthe Town of Addison. (c) The Town of Addison shall submit for the Seller'S review drainage plans which affect the Remaining Property, (d) The Town of Addison will: (i) remove all metal "clips" from existing concrete pavement after storage structures located within the Easement Area are removed; 'and (ii) protect existing concrete pavement within the Easement Area and replace any damaged concrete to an equivaleht design strength and thickness. (e) Upon the request of the Town of Addison, Seller shall confiml in writing to the Town of Addison that the Property and the Easement Area have been vacated and all personal property removed therefrom as described in Paragraph 7.4, above. In the event that the Town of Addison determines that the Property and the Easement Area have not been so vacated and such personal property removed therefrom, the Town of Addison may, at Seller's sole cost and expense, cause the Property and the Easement Area to be vacated and such personal property to be removed, and either dispose of such property or deliver such property to Seller by depositing the same on the Remaining Property or otherwise; and Seller shall defend, indemnifY and hold harmless the Town ofAddison, its officials, officers, employees, agents and contractors from and against any and all claims, liability, actions, or judgments in connection therewith, (f) Between the date of Closing and the termination of the Temporary Construction Easement, Seller shall not release and not allow or permit the release of Hazardous Materials of any kind in, under, or above the improvements on the Easement Area or into or onto the surface water, ground water, soil or subsurface of the Easement Area, ARTICLE X Miscellaneous 10.1 Notices. All notices, demands, requests, and other communications required or permitted hereunder shall be in writing, and shall be deemed to 􀁾􀁥􀀠given (unless otherwise specified 􀁾􀀠 herein), upon the earlier to occur of(a) actual receipt, and (b) the deposit of both the original and .."y-' 􀁾􀁾 Contract ofSale -Page 9 of 12 the copy, as provided below, in a regularly maintained receptacle for the United States mail, registered or certified, return receipt requested, postage prepaid, addressed as follows: Seller: Public Storage ofDallas, Ltd. clo Watson & Taylor Management Company 4015 Belt Line Road Addison, TX 75001-4383 With a copv to: William M. Blackburn 9400 North Central Expressway Suite 1616 Dallas, Texas 75231 Buver: The Town ofAddison 5300 Belt Line Road Dall as, Texas 75240-7606 Attn: Ron Whitehead, City Manager With a copv to: John M. Hili Cowles & Thompson, P.C. 901 Main Street, Suite 4000 Dallas, Texas 75202 10.2 Brokers. Seller and Buyer represent one to the other that no brokers have been retained in connection with the transaction contemplated herein and that there are no commissions payable to any broker in connection with this transaction. Seller and Buyer both agree to indemnify each other from any loss, liability, damage, cost, or expense (including reasonable attorney's fees) resulting from a breach ofthe foregoing representation. 10.3 Governing Law. This Contract is being executed and delivered, and is intended to be perfonned in the State of Texas and the laws of Texas govern the validity, construction, enforcement, and interpretation ofthis Contract, unless otherwise specified herein. 10.4 Entirety and Amendments. This Contract embodies the entire agreement between the parties and supersedes all prior agreements and understandings, if any, relating to the Property. and may be amended or supplemented only by an instrument in writing executed by the party against whom enforcement is sought. 10.5 Parties Bound. This Contract i.; binding upon and inures to the benefit of Seller and . "') Buyer, and their respective heirs, personal represp,ntatives, successors, and permitted assigns. ....r-' 􀁾􀁁􀀧􀁾􀀠Conlrocl of Sale -Page 10 of 12 10.6 Further Acts. In addition to the acts and deeds recited in this Contract and contemplated to be performed, executed, and/or delivered by Seller to Buyer, Seller and Buyer agree to perform, execute, and/or deliver or cause to be performed, executed, and/or delivered at the Closing or after the Closing any and all further acts, deeds, and assurances as are reasonably necessary to consummate the transaction contemplated hereby. 10.7 Assignment. Neither Seller nor Buyer shall have the power or right to assign. transfer, pledge, or otherwise convey this Contract without the prior written consent of the other party hereto; any such assignment, transfer, pledge, or other conveyance without such prior written consent shall be null and void. 10.8 Survival. Any of the representations, warranties, covenants, and obligations of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the Closing or expiration of this Agreement shall survive termination or expiration. expiration. All warranties, representations, disclaimers and agreemeilts contained herein shall survive the Closing hereof. 10.9 Exhibits. All exhibits to this Agreement are incorporated herein by reference for all purposes wherever reference is made to the same. 10.10 Counterpart Execution. This Contract may be executed in several counterparts, each of which shall be fully effective as an original and all ofwhich together shall constitute one and the same instrument. Either party may execute and deliver this Contract by telephone facsimile transmission, and the receiving party shall be entitled to rely fully thereon as an original. 10.11 Maintenance of the PropertY and Easement Area. Between the"Effective Date and the Closing, Seller shall: (a) Maintain the Property and the 􀁅􀁡􀁳􀁾􀁭􀁥􀁮􀁴􀀠Area in good repair, reasonable wear and tear accepted, except that in the event ofa fire or other casualty; damage or loss, Seller shall have no duty to repair said damage other than as provided in this Contract; (b) Advise Buyer promptly of any litigation, arbitration or administrative hearing conceming or affecting the Property ofwhich Seller has knowledge or notice; (c) Immediately notify Buyer of any material injury or damage to the Property or any pOrtiOn thereof; (d) Not, without the prior written consent of the Buyer, create, place or permit to be created or placed, or through any act or failure to act, acquiesce in the placing of, or allow to remain, any deed of trust, mortgage, voluntary or involuntary lien, whether statutory, constitutional or contractual (except for the lien for ad valorem taxes on the property which are not delinquent) security interest, encumbrance or charge, or conditional sale or other title retention document, and should any of the foregoing become attached hereafter in any manner to any part of the Property or Easement Area without the prior written consent of Buyer, Seller shall cause the same to be promptly discharged and released; and Contract of Sale -Page 11 of 12 (f) Not release and not allow or permit the release of Hazardous Materials of any kind in, under, or above the improvements on the Property and Easement Area or into or Onto the surface water, ground water, soil or subsurface ofthe Property and the Easement Area. 10.12 Saturday, Sundav or LeKal Holidav. If any date set forth in this Contract for the performance of any obligation by Buyer or Seller or for the delivery of any instrument or notice should be on a Saturday, Sunday or legal holiday, the compliance with such obligations or delivery shall be deemed acceptable on the next business day following such Saturday, Sunday or legal holiday. 10.13 Time. Time is of the essence in all matters pertaining to the performance of this Contract Dated Effective: -:r"'" 'i 17 ,2003 SELLER: PUBLIC STORAGE OF DALLAS, LTD. By: A. Starke Taylor III resident Watson & Taylor Management, Inc. Dated Effective: 5\.V'\"" \<6 ,2003 BUYER: 1 TOWN OF ADDISON, TEXAS ;-y:􀁾􀁧􀁾\wtJ;] gC) Ron Whitehead, City Manager Contract of Sale Sale -Page 12 of 1Z EXHmIT A TO CONTRACT OF SALE Exhibit A to Contract of Sale Parcel 12 Field Noee Descripeion Arapaho Road Projece Town of Addison Dallas Couney, Texas BEING a descripeion of a 1.0855 acre (47,282 square foot) eract of land situaeed in the David Myers Survey, Abseract 􀁎􀁵􀁲􀁮􀁢􀁥􀁾􀀠923, Town of Addison, Dallas County, Texas, and being a portion of a called 4.081 acre tract of land conveyed to Public Storage of Dallas, LTD. on October 3, 1979 and recorded in Volume 79196, Page 3188 of the Deed Records of Dallas County, Texas, said called 4.081 acre tract being all of Lot 3, of the Watson and Taylor Subdivision No.2, an addition to the Town of Addison, as evidenced by the plat dated September 12,1979 and recorded in Volume 79180, Page 0888 of said Deed Records, said 1.0855 acre tract of land being more particularly described by metes and bounds as follows; l!EG:INN:tNG at a 1/2 inch iron rod found in the proposed Non:h right. of way line of Arapaho Road and the South right of way "'-ine of a 100, foot wide railroad right of way as conveyed to Sa::as Area Rapid 􀁔􀁲􀁡􀁮􀁳􀁾􀁴􀀠Property Acquisition Corporat.ion 􀀧􀁨􀁥􀁲􀁥􀀺􀀺􀀮􀁾􀀮􀀠referred to as DART) on December 27, 1990 and recorded :n Volume 91008, Page 1390 of said Deed Records, said point. 􀁢􀁥􀁾􀁮􀁾􀀠t.he common Northeast corner of said called 4.081 􀁡􀁣􀁲􀁾􀀠tract and Northwest corner of a called 1.103 acre tract of land c::-r,',;eyec t.o Bullough/Lykos Office Building No.1, L. P. on ':;une :998 and recorded in Volume 98115, Page 03999 of 􀁳􀁡􀁾􀁤􀀠Deed Eec:::=o.s; said called 1 .. 103 acre tract being all of "Lot :: I Surveyor Addition, Addison West Induserial Park", an addition to the Town of Addison, as evidenced by the plat dated February 7, 19'9 and recorded in Volume 79053, Page 0620 of said geed Recc:-d.s; 7;'!E:NCE, SOUTH 00·06'08" WEST (called South 00·08'05" West). departing said lines and along the common East line of said called 4.081 acre tract and West 􀁬􀁩􀁮􀁾􀀠of said called 1.103 acre tract, a distance of 78.95 feet to a 5/8 inch iron rod set in the proposed South right of way line of Arapaho Road; • Page 1 of 3 PARCEL 12 -ARAPAHO ROAD PROJECT THENCE, NORTH 89·58' 49" WEST, departing said common line anc along the proposed South right of way line of Arapaho Road, a distance of 180.61 feet to a 5/8 inch iron rod set for the 􀁰􀁯􀁾􀁮􀁾􀀠of curvature of a tangent curve to the left; THENCE, SOUTHWESTERLY, continuing along said line and along the arc of said curve to the left having a radius of 818.00 feet, a central angle of 23°27'04", a chord bearing South 78·17'39" West a distancla of 332.48, for an arc distance of 334.81 feet to a point, in the common West line of said called 4.081 acre tract and East line of a called 137,968 square foot tract of land conveyed to Public Storage of Dallas, LTD. on June 13, 1978 and recorded in Volume 78115, Page 3019 of said Deed Records, said called 137,968 square foot tract being all of Lot 1. of the Watson and Taylor Subdivision, an addition to the Town of Addison, as evidenced by the plat dated March 31, 1978 and recorded in Volume 78082, Page 889 of said Deed Records; THENCE, NORTH 00·33'49" WEST (called North 00°26'30" East), 􀁤􀁥􀁰􀁡􀁲􀁾􀁩􀁮􀁧􀀠said line and along the common West line of said ::a11ed 4.081 acre tract and East line of said called 137,968 square foot tract, a distance of 146.53 feet to a 5/8 inch iron ::od set in the proposed t,orth' right of way line of Arapaho Road and 􀁾􀁨􀁥􀀠South right of way line of said DAR't railroad, said po':':-:: being the common Northwest corner of said called 4.081 a:;::e ::::act and Northeast corner of said called 137,968 square :oc:: :.=act:; 􀀺􀁾􀁅􀁎􀁃􀁅􀀬􀀠SOUTH 89°58'49" EAST (called EAST), departing said ::ommon line and along the common North line of said called 4.081 acre tract, proposed North right of way line of Arapaho Road, ana South right of way of said DART railroad, a distance of 5C7.75 feet (called 507.71 feet) to the POINT OF BEGINHrNG; CJN7AINING an area of 1.0855 acres or 47,282 square feet of land w:thin the metes recited.' Page 2 of 3 PARCEL 12 -ARAPAHO ROAD PROJECT All bearings are referenced to the North Right of Way line c: Centurion Way, called S 89°51'55" E, according to the 􀁦􀁩􀁮􀁡􀁾􀀠􀀽􀀺􀁡􀁾􀀠of Lot 3, Surveyor Addition, recorded in Vol. 77173, Page :35, Deed Records of Dallas County, Texas. A plat of even survey date herewith accompanies ":.his description. :, Ayub R. Sandhu, a Registered Professional Land Surveyo=, hereby certify that the legal description hereon and the accompanying plat represent an actual survey made on the ground under my supervision. , J LQrc ..A>:tk . CE ..... //-/,t-Ll 􀁁􀁹􀁾􀁢􀀠R. Sandhu, R.P.L.S. Texas Registration No. 2910 , ! .. Page 3 of 3 • . I I + I. EXHIBIT "B" I', OAliAS AAEA RN'IO lRmSIJ, ' PRoPERlY ACG.OSIlIOH CORPORAnOH (tOO' R.O,W.) 'Ii OEi:EIlBER 21. 18;0 I!)61VIIl) ti'ltIEIRS SUIRYIE'I VOL 810011. PO. 13;0 ,;\0923O.R.O.C. T. 􀀨􀁾.....u U't)\. , " P.O.B.I:.• S Inl'4U" £ -507.15' t: b , e d :1!1iI ;􀀢􀀱􀁬􀁉􀁾􀁬􀁩􀁤􀀬􀀮􀀺􀀱􀁑􀀺􀀢􀁬􀀺􀀮􀁊􀀢􀀧􀁾􀁴􀁊􀀠􀁾􀀲􀁩􀀧􀀦􀁩􀀡􀁩􀁬􀁾􀀭􀀺􀀻􀁩'''''''9 􀁾􀁉􀂭1􀁾􀁾􀁪􀀮􀁪􀁩􀁬􀀠... 􀁉􀁾􀀠􀁾􀀠III , z 􀀧􀁾􀀡􀁥􀀡􀀬􀀱􀀡􀁾􀁾􀁉􀁬􀀢􀀺􀀠􀁾􀁾􀁾􀁾􀁾􀁾􀀠9!g;... 􀁾􀀠I!l!'l s ,.I. :'" 􀁾􀀡􀀠;,..-c\ 30' WAIER 􀁅􀁁􀁓􀁅􀀢􀁛􀁎􀁲􀁾-c-----􀁾-----PROPOSED ARAPAHO ROAD 50' 􀁄􀁒􀀺􀁾􀁾􀁅􀁾􀁾􀁁􀁎􀁾􀁬_ __ """"-4." lOT l WATSON ANa lA'I1...00 SUBO!\l$lON NO. 2 SEPT(WO(A 12, 1919 1I' 1CI\I.LEO 1l7,.n SQ. fT.' I OCT_A 3, 117., I'UIIUC STORAGE OF \IOL 7."•• 1'0. JIOII. DAWIS. LTD. D.A.G.C.T. J(' '11'" .. COHC. YCL. 111 􀁴􀁾􀀠PO. 3016 , l JUNE' \.'I. 1118.. , O.R.D.C.l. PARCEL 13 A PLAT Of A I'IU: 1.09SS ACRE (47.722 SO. FT.) TRACT or LAND l EASEMENTS SHOWN ARE 'AKEN 'R()Ij lHt: PLAIS 1N00eAltO IN THE OA\IIO lAYERS SUlIYf Y REOIoI. tilE SUAVE YOR DIll NO' ABSTRACI THE SUO.£CI ,,'􀁾􀀧􀁩􀁾􀁾􀁩􀀧􀀡􀁾􀀫� �OPERN SO ALt EASEMENIS IAAY NOI BE SHOWN. «J••....alY or AllIlISIOH I)\'l.lJNE 211, lin 11 .\ . 􀀧􀀮􀁯􀁾.. \IOL nils. PII. llial ... : '.Q.roO.R.O.C.T. z ' ro'I lOT 1􀁾􀀡􀀠:i ·ffot."', r.' I .""SON ANO lA'dOR SUSDI\'ISION NO. 2 SEPliiABER 12, IP7gf 􀁬􀁾􀀠􀀢􀀧􀁾􀀠! 􀁾􀁾􀀼􀁦􀀠; ! : I􀁾􀀢􀀢􀀬􀁾􀀯􀁊􀀧􀀠,'" 􀁾􀀠... '\' ! i . i LOT ,􀁾􀀠I" :' t. WAtSON AND lA'1-Ofl VOl. 19150. PG. naSI; .....;':,' t . 􀀯􀁩􀁾􀀱􀀠• I • " I SUOOf\tSlpN I a.R.O·C.T. • _, I iii I \' .' .i_"ARCli 31. li1a ! "..... 180112. PC. 889 S EXHIBITB TO CONTRACT OF SALE Exhibit B to Contract ofSale Parcel 12-TE Field Note Description Arapaho Road Project Town of Addison Dallas County, Texas BEING a description of a 0.5291 acre (23,049 square foot) tract of land situated in the David Myers Survey, Abstract Number 923, Town of Addison, Dallas County, Texas, and being a 􀁰􀁯􀁲􀁴􀁾􀁯􀁮􀀠of a called 4. OSl acre tract of land conveyed to Public Storage of Dallas, LTlJ. on October 3, 1979 and recorded in volume 79196, Page 31BB of the Deed Records of Dallas Count.y, Texas, 􀁳􀁡􀁾􀁤􀀠 called 4. OBl acre tract being all of Lot 3, of the Watson and Taylor Subdivision No.2, an addit.ion t.o t.he Town of Addison, as evidenced by the plat. dat.ed September 12, 1979 and recorded in Volume 791BO, Page OBSS of said Deed Records, said 0.5291 acre tract of land being more particularly described by metes and bounds as follows; COMMENCING at the common Northeast. corner of said called 4.0S1 acre tract and Northwest corner of a called 1.103 acre tract of 1and conveyed to Sullough/Lykos Office Suilding No.1. L. P . on June June 11, 1998 and recorded in Volume 9B115, Page 03999 of said Deed Records, said called 1.103 acre tract being all of "Lot 5, Surveyor Addit.ion, Addison West. Industrial Park", an addition to the Town of Addison, as evidenced by the plat dat.ed February 7, 1979 and recorded in Volume 79053, Page 062Ci of said Deed Records said corner being in the proposed Nort.h right of way :;:'::1e of Arapaho Road and t.he South right of way line of a 100 :00: 􀁷􀁾􀁤􀁥􀀠railroad right of way as conveyed to Dallas Area Rapid '!'rans::.t Propert.y Acquisition Corporat.ion on December 27, 1990 and recorded in Volume 9100S, Page 1390 of said Deed Records; '!'HENCE. SOUTH 00006'OS" WEST (called Sout.h 0000S'05" West). departing said lines and along t.he common East. line of said called 4.0S1 acre t.ract. and West. line of said called 1.103 acre tract., a dist.ance of 7B.95 feet t.o a point. in t.he proposed South right of way line of Arapaho Road for t.he Nort.heast. corner and POINT OF 􀁂􀁂􀁇􀁾􀀠of t.he herein described tract; •THENCE, SOUTH 00·06'OS· WEST cont.inuing along said common line, a distance of 40.00' . t.o the most. East.erly Southeast. corner of the herein described t.ract; Page 1 of 3 PARCEL 12-TE -MAPAHO ROAD PROJECT THEN2E, NORTH 89°58'49" WEST, depar:ing said common 􀀺􀁾􀁾􀁥􀀬􀀠a 􀁤􀁾􀁳􀀱􀀺􀁡􀁮􀁣􀁥􀀠of lBO.55 fee: to the point of curvature 0: a ::ange::lc curve to the left; THENCE, SOUTHWESTERLY, along the arc of said curve to ::he 􀁾􀁥􀁦􀁣􀀠􀁨􀁡􀁶􀁾􀁮􀁧􀀠a radius of 77B.00 feet, a central angle of 15°58'34", a chord bearing South 82°01'54-West a distance of 216.23 fee::, for an arc distance of 216.93 feet to an angle poin::; . THENCE SOUTH 89°51'04-WEST, a distance of 57.80 feet ::0 a 􀁰􀁏􀁾􀀺􀀺􀁬􀀺􀀠tor corner; THENCE, SOUTH 00"24'42-EAST, a distance of 18.80 feet. t.o :he point. of curvat.ure of a non-tangent curve to the left; THENCE, SOUTHWESTERLY, along the arc of said curve t.o t.he lef: having a radius of 778.00 feet, a central angle of 01° 56' 00", a chord bearing South 68°36'19-West a distance of 26.25 fee::, for an arc dist.ance of 26.25 feet to an angle point; :-:::ENCE SOUTH 00°05'59-WEST, a distance of 109.96 feet: t.o :he most. Sou:herly Southeast corner of the herein described t.ract.; 7HENCE SOUTH 89°26' 35" WEST, a distance of 27.71 feet. co ;;he 􀀵􀁡􀁾􀁴􀁨􀁷􀁥􀁳􀁣􀀠corner of the herein described tract and being in t.he commcn West. line of said called 4.081 acre tract. and East. 􀁬􀁾􀁮􀁥􀀠== a =a:"ed :37,968 square foot tract of land conveyed ::0 􀁐􀁵􀁢􀁬􀁾􀁣􀀠S;;orag e c: Dallas, LTD. on June 13, 1978 and recorded in Volume 􀁾􀀸􀀺􀀺􀀵􀀮􀀠Page 3018 of said Deed Records, said called· 137,968 square faot. t.ract being all of Lot 1, of t.he Watson and Taylor 􀁓􀁵􀁢􀁤􀁾􀁶􀁾􀀵􀁩􀁯􀁮􀀬􀀠an addition to the Town of Addison, as evidenced by the plat: dat.ed March 31, 1978 and recorded in Volume 78082, Page 989 a: 􀁳􀁡􀁾􀁤􀀠Deed Records; :-HENCE, NORTH 00°33'49" WEST (called North 00·26'30" West.) , along said common line, a distance of 141.29 feet t.o a point. 􀁾􀁮􀀠􀁳􀁡􀁾􀁤􀀠proposed South right of way line of Arapaho Road, being 􀁾􀁮􀀠a non-:angent. curve to the right; ':'HENCE, NORTHEASTERLY, departing said common line, along said proposed South right of way line of Arapaho Road and the arc of said curve t.o the right having a radius of 􀀸􀀱􀀸􀀮􀀰􀁾􀀧􀀠feee, a cent.ral angle of 23 0 27'04", a chord bearing North 78°17'39" East. a discance of 332.48, for an arc distance of 334.81 feet; • Page 2 of 3 PARCEL 12 -TE -ARAPAHO ROAD PROJECT THENCE. 50UTH 89°58'49" EAST. c:om:inuing along said' ;::::-oposed 50ut:.h right:. of way line, a distance of 180.61 feet:. t:.o t:.he POINT OF BEGINNING; 􀁃􀁏􀁾􀀷􀁁􀀡􀁎􀁉􀁎􀁇􀀠an area of 0.5291 acres or 23,049 square feet:. 0: land wit:.hin the metes recited. All bearings are referenced to the Noreh Right of Way l::.ne, of 􀁃􀁥􀁮􀁴􀀺􀀮􀁵􀁲􀁾􀁯􀁮􀀠Way, called S 89°51'55" E, according to the final plat of Lot:. 3, Surveyor Addit:ion, recorded in Vol. 77173, Page 13:;. Deed Records of Dallas Count:y, Texas. A plat:. of even survey date herewith accompanies t:.his desc::-iption. _, Ayub R. Sandhu. a Registered Professional Land Surveyor, hereby cercify that che legal description hereon and t:.he accompanying plat:. represent an actual survey made on the ground under my supervision. 􀁾􀁾􀀠>,,<.(1: 􀀯􀁾􀀭􀀧􀀯􀀭􀁤􀀠z. AyUb R. Sandhu, R.P.L.S. 􀁾􀁥􀁸􀁡􀁳􀀠Registration No. 2910 Page 3 of 3 '\ t2 -au!!' 􀁟􀁾􀀮__ 􀁾􀀠-....".. .. 􀀺􀁡􀁾􀀱􀀠1I! 􀁾􀀠S 00"2.'42-£ 11.1141' F Xillflil "0" P.O.C. ,......._. ..._.--.' ...􀀭􀀭􀀮􀀭􀁾􀀠.----"'-' "---.. , ....._. Nl---.􀀭􀀭􀁾􀀧􀁌􀀭􀁾􀀧􀀠ij))t-l, 􀁾􀁏􀁉􀀡􀁬􀁊􀀠􀁬􀂣􀀮􀁬􀁉􀀧􀁬􀁦􀁬􀁬􀁬􀁬􀁩􀁬􀁾􀀠liMJ)!ilVIll'lf _ fN, CI "-... lO' WAIER E'5£ ME 􀀺􀁾" a' 􀁾􀀠t-l,QGlil3 iI.-. . 􀁾􀀠􀀧􀀮􀁾􀁾􀀠--------B l!I ..-'-OAtUS AREA 'RAl'tOmANSIT .-. --\ -. -.-.􀁾􀁴􀁬􀁬􀀧􀀡􀀢􀁾􀀬􀀢􀀠PflOPfRIY ACWlSml»l _PORADON PROPOSED ARAPAHO ROAD 􀀺􀁂􀁾􀀠. 100' R.O.•.)DEduBER 27. talO __ 50' DI{AINAGE CHANNEl􀁾􀁲􀁾􀂷􀀻􀀡􀀡􀁾􀀠VOL Vlooa. PO. lliD . EASEMENt I..􀁾􀀧􀀢􀀠0 􀁾􀁾􀁡r!. . • O.R.D.C.T. • P,O.B.S 81'9'4V' E -1110.81'i= 􀁾􀀠" CAIJ..E 0 I. IO:S AC.I IsO.U; 􀁾􀁾􀀭􀁴􀁾􀁬􀀧􀁬􀁃􀁅H U'lIII'.'·. .Me II. IHI􀀵􀁾􀀠I &1 .m.. 􀁾􀁾􀁾􀀮􀁲􀁴􀀠o:s 􀀢􀀡􀁩􀁬􀁾􀁾􀀠lOT J 􀁾􀀠􀀮􀁾􀀠CAllED 4.0111 Ac.􀀮􀀮􀀮􀀡􀁾􀁾􀁾􀀺􀀮􀁊􀁩􀀺􀀺􀀠􀁾􀁾􀁾􀁾􀀠PlIIIUC S IlJIIAOC Of SEPTEIABER 12. 19711 DAUAS, LID.􀂧􀁾􀁩􀀻􀁊􀁒􀀠va.. 791S0. PO. 0888 OCTOBER J, \17. D.R.D.C.T• m.. 7"", PO. lIN D.R.D.C. T. 􀁩􀁾􀀮􀀧􀀠I Ii PARCEl 12-'12-'1£ A PLAT Of A HOlES: 0.5291 ACRE 􀀨􀀲􀁊􀀬􀁏􀁾􀀹􀀠SQ. fT.) TRACT Of LAND I 􀁉􀁬􀁾􀀠\ fR 􀁾􀀧􀀧􀀧􀀧􀀧􀀧􀁴􀁐􀀨􀁾􀀮􀀠HI' 􀁾􀀮All EASf"'EHlli SHOWN ARE TAKEN fllOU.lNE PlAlli INDICATED IN THE DAViO M'lERS SURIIl: Y 1f'1". "t, 􀁨􀁤􀀻􀁉􀁾􀀿􀀺􀀠􀁾􀁉HEREON. 1I1E SURVEYOR DID NOT ABSTRACT lNE SUB.f:Cl '(J ." .." .. I. "'o'f ABSmACT NO. 92JPROPERlY SO ALL EASEUENlli !.lAY NOT BE sHOWN. 􀁾􀁉􀀠'4 II.: U1 TOWN OF ADDISON.,.S Itr2lI'35' • 21.71" All BEARINGS ARE REFERENCED 10 litE NORTH RIGHT Of WAY 􀁾􀁾􀀧􀀢􀀢􀀮􀀠1\. 􀁾􀁁􀁴􀁬􀁬􀁬􀁉􀁬􀁕􀀠DAllAS COUNTY. '1£ XAS UNf Of CENTURION WAY. CAlLED S e9"SI'SS" E. ACCORDINC 10 ,. 'j "010 i'!l lH( ANAL PlAT or l01 3, SURVEYOR ADlnnON. RECORDED IN _" tl. 􀁾􀀠I"'" t) 50 o 25 50 100 • bE HOTE S A fOONO PCMNT AS INDICATED VOl. 17173. PAG[ 135, O.ttO.C.f. .,.J II: Ub' \. t. 􀁉􀀭􀁣􀀭􀁾• PENOtES A S/S" IRON ROD SEt UNlESS OlilERWISE HOlED A. LEGAL OESiCAIPTlON Of E'-'EN SURVEY DATE HEREWITH .A........ . £.􀁾􀀠--PROPOSEP RIG/II Of WAY LINE ACCOIAPANIES THIS PlA!. '7--/&> _ ,I-e> z. GRAPHIC SCALE I INCH 􀁾􀀠50 fl. Parcel 13-TE Field Note Description Arapaho Road ProJect Town of Addison Dallas County, Texas BEING a description of a 0.4361 acre (18,995 square 􀁦􀁯􀁯􀁾􀀩􀀠tract of land situated in the David Myers Survey, Abstract Number 923, Town of Addison. Dallas County, Texas. and being a portion of a called 137,968 square foot tract of land conveyed to Public Storage of Dallas. LTD. on June 13. 1978 and recorded 􀁾􀁮􀀠Volume 781lS, Page 3018 of the Deed Records of Dallas County, Texas, said called 137,968 square foot tract being all of Lot l, 0: the Watson and Taylor Subdivision. an addition to the Town of Addison, as evidenced by the plat dated March 31, 1978 and recorded in volume 78082. Page 889 of said Deed Records, said . C .4361 acre tract of land being more particularly de.scribed by metes and bounds as follows; COMMENCrNG at a point being the common Northeast corner of said called 137,968 square foot tract and Northwest corner of a called 4.081 acre tract of land conveyed to Public Storage of Dallas, LTD. on on October 3. 1979 and recorded in Volume 79196, ?age 3188 of said Deed Records, said called 4.081 acre tract: 􀁢􀁥􀁾􀁮􀁧􀀠all of Lot: 3, of the Watson and Taylor Subdivision No.2, an addi::ioo to the Town of Addison, as' evidenced by the plat daced September 12, 1979 and recorded in Volume 79180, Page 0888 c: said Deed Records; 􀁾􀁾􀁾􀁎􀁃􀁅􀀬􀀠SOUTH 00°33'49* EAST (called south 00°26'30" East), along the common East line of said called 137.968 square foot tract and West line of said called 4.081 acre tract, a distance of 146.53 feet to a point in the proposed SOlleh right of way :':'ne of Arapaho Road for the Northeast corner and POINT OF BEGrNNING of the herein described tract; 􀀺􀁾􀁾􀁎􀁃􀁅􀀬􀀠SOUTH 00°33'49* EAST (called South 00·26'30" East). con::inuing along said common line. a distance of 141.29 feet to the Soueheast corner of the herein described tract; THENCE. SOUTH 89°26' 35-WEST. a distance of 156.19 feet to an angle point; 7:-n::NCE, SOUTH 53°39'46" WEST, a distance of 19.61 feee to an angle point; THENCE, SOUTH 89"39'59-WEST, a distance of 3.80 feet to an angle point; Page 1 Qf 3 PARCEL 13-TE -ARAPAHO ROAD PROJECT THENCE, SOU'I'H 00°18'38-EAST, a distance of 2.77 fee: to an angle point; TP.ENCE, SOU'I'H 56"50'32* WEST, a distance of 58.96 feet to the Southwest corner of the herein described tract, said corner being in the common West line of said called 137,968 square foot tract and East line of a called 2.20 acre tract of land conveyed to the City of Addison on June 28, 1977 and recorde,d in Volume 77135, Page 1581 of said Deed Records; THENCE, NORTH 00"27'52-WEST (called North 00°26'30' West), along said common line, a distance of 47.53 feet to a point in said proposed South right of way line of Arapaho Road; THENCE, point' NORTH 56°50'32" EAST. a distance of 31.95 feet to a THENCE, 'NORTH 53°39'46· EAST, a non-tangent curve to the right; distance of 130.54 feet: to a THENCE, NORTHEAS'I'ERLY, along the arc of said curve to t:he right: having a radius of 818.00 feet, a central angle of 07°15'29", a chord bearing North 62°56'22-East a distance of 103.55 fee!:, for an arc distance of of 103.62 feet to the 􀁐􀁏􀁾􀀠􀁏􀁾􀀠BEGINNcrNG; CONTAINING an area of 0.4361 acres or 18,995 square feet of land 􀁷􀁾􀁴􀁨􀁩􀁮􀀠!:he metes recited. , " Page 2 of :I PARCEL 13-n: -N!1!\' SUDOl"'S'O!< NO. 􀁾􀀠SEPtElIMR 12, 1t1. . C 􀁾􀁾􀀠""'-7"110, pc. oeIIlI , , i[ll! D,R,D.C.!......I '" 􀁕􀁾􀀬􀀠I,"' .\ , I .. 'iii;It: C1.UlD 4.0111 .e.L. .., P\IIIUe 􀁓􀁔􀁄􀁒􀁾􀀠(F􀁾􀀠DALIA!I. ltD.lOT , OC11ll!EII '" 117'ANO fA va.. 7.."", PO. 31111 101""'014 I).R.D.C.T. I JI, 1111 7601\J, PC. lMe .. D.II.D.C. I •. s ene'35' • PARCH 13 .. 1£ , 1!Ie.'" " PUll or " .,11 ". 04361 ACRE (HI.995 SO 11) : 􀁾􀀮􀀺􀀺􀀠"' I" '\ IRACI or t"NGALL [AS[UttHS SHOIN ARE JAt " EXHIBIT "8",,' OAI.I.A5 AREA RAPID 1ftANSIT, ' 􀁐􀁒􀁾􀁅􀁒􀁔􀁙􀀠AtQU$llION CllI!PORAllON (100' R.O.,.) I 11 DBIVI!!) U'lflERSSURVII!V1lEc(IIIIER 27. 11110 , WI.. .1l1l1I. PO. UIIl) 􀁾􀁄􀁥􀀲􀀳L Il.R.O.C.T. (tH..lID lAIn s 1It"lll'4." E " -1I01,1S' t: ' .. db \E2 l􀀢􀁾􀁡􀁾􀁴􀀧􀀢􀀠_Ii􀀡􀁨􀁾􀁴􀀳􀁾􀁾􀀠􀁾􀀡􀁉􀁾􀀡􀀯􀀡􀀡􀁉􀀠􀁾􀀠􀁾􀁬􀁬􀁴􀀠􀁾􀀠􀁾􀁩' 2U , z ''':£;1,􀁾􀁾􀀭􀀺􀁬􀀧􀀢-li!i':,/ -1 ;j'_ ": . -. ---------.' JO' w/trER 􀁅􀁁􀁓􀁅􀁕􀁅􀁎􀁔􀁾􀀠-\------􀁾PROPOSED ARAPAHO ROAD'--SO' DRAltlAGE CHANNEl EASE 11£,,1 .l -N .11511'..'. -_____ toil WATSOH AND TAYLOR CAlUO ••11111 AC. ......, rND. 1/2" liON ROO ---ii.· 􀀺􀁾􀁾Ien 􀁾􀀠110,11' =, ..' Ii CAlUD 1.103 AC" • aiuOOCIIA'llCOS OFfICE 􀀱􀁉􀁕􀁉􀁬􀁉􀁉􀁉􀁈􀁾􀀠NO. " LP. .lJNE II, '".VOL. 11115. PO. 11111. D.R.D.C.l. P.O.B. + SU8IN\OSION NO. 2 PUBUC 5 lORAIlE Of9 􀁾􀁩􀀱􀀳􀀠S£PJEWBEA 12. Hint DAllAS, Lm, LO! 5 'IOL 79110. PC. 0808 OC!OOER 1. 1118 SUR\I£ YOR .IOOI11ON,O.R.O.C. I. YOL. 18''', PO. 1111 AOOISON .£5 I "VI 􀁾􀁉􀀠D.RO.IH. INDUS 1ftIAl PARK . !!leV • fEBUARY 7. 1979 1979 '101.. 79051. pc. 0<120 D R.O.C.I.[-PARCEl 12 A PLAY Of AOres: ..􀀮􀀮􀀬􀀺􀀺􀁊􀁾􀀠•. 1.0855 ACRE (47,282 SO. fl.) .􀁾􀀠':..' 􀁜􀀮􀀮􀀢􀀢􀁾􀀺􀁾II £,\5£ ...[HI5 SHOWN ARE TAt(EH (RON nit PLAIS INDICATED! TRACr Of lANO " . ';. ....... P "(' E,U:'()N. ruE SUR'¥£'VOR DIO MOl ABSTRACT filE SUB'(CT t'" fir-1 􀀧􀁾􀀢􀀧􀀠IN THE OAIilO Id'l£RS SURVE Y 7 ltV SO ALL EASEMEN1S MAY HOT BE SUO.H j ;;/..􀀬􀁾􀁩􀀺􀁜􀁾􀁉􀀮􀁦􀀻􀀻􀀻􀀺􀁾􀂷􀁾􀁾􀁦􀀬􀁬􀀨􀀢􀀠AaS·lRACl NO, 923 /.( .............:.......,... " TOWN Of AOOlS ON l IflARIN&S ARE R£rERENC[O 10 JIiE HORIII RIGHI Of WAY .', JlHI1l " S,t'l1l1rl iY􀁾􀁅􀀠or CENUJRION WAY. CALLED S 89'5,'55" E, ACCORDING 10 OALLAS COUNlY, TE XASDtNOtES A f"OUNO POIfH AS INDICAlED 'j' ';","';.('" ,,;".:,<:, " 1£ MAt PtA 1 or lOll, SURVE YOR ADomON. RE COROE 0 IN DENotES A 5/S" IRON ROO SEI UUIES'S \:1 '5' I Hft. :'.l} ft. 71171. PAGE 135, 0 ROC T 11 50 0 25 50 100ODlERWISt NOlEt> \\J ... 􀁬􀀮􀀯􀁲􀀮􀁾􀀻􀀬􀀢􀀠1 1' 􀁾__ ' 'I LEGA.l DE SCRIP liON Of E V[ H SUR\!{ Y OAlE III m 'fHIIi ---PHOPOSEO HIGIII or WA.Y tiNE /'r.: ,9!h{!:' II COUPANlt S THIS Pl. ... t At! \I' I"F.. 􀀧􀁟􀁾􀀠􀁾􀀠•_eo. • GRAPH'!. 􀁾􀁲􀁁􀁩􀁃􀀧􀁉􀁉􀀧􀁊􀁾􀀠'/'/ Parcel 13 Field 􀁎􀁯􀁾􀁥􀀠􀁄􀁥􀁳􀁣􀁲􀁩􀁰􀁾􀁩􀁯􀁮􀀠 Arapaho Road 􀁐􀁲􀁯􀁪􀁥􀁣􀁾􀀠 Town of Addison Dallas County, Texas 8EING a description of a 1.0955 acre (47,722 square 􀁦􀁯􀁯􀁾􀁬􀀠􀁾􀁲􀁡􀁣􀁴􀀠of land 􀁳􀁩􀁾􀁵􀁡􀁾􀁥􀁤􀀠in the David Myers Survey, 􀁁􀁢􀁳􀁾􀁲􀁡􀁣􀁾􀀠Number 923, Town of Addison, Dallas County, Texas, and being a portion of a called 137,968 square foot 􀁴􀁲􀁡􀁣􀁾􀀠of land conveyed 􀁾􀁯􀀠Public Storage of Dallas, LTD. on June 13, 1978 and recorded in Volume 78115, Page 3018 of 􀁾􀁨􀁥􀀠Deed Records of Dallas County, Texas, said called 137,968 square foot 􀁾􀁲􀁡􀁣􀁴􀀠being all of Lot 1, of the 􀁗􀁡􀁾􀁳􀁯􀁮􀀠and Taylor Subdivision, an addition to the Town of Addison, as evidenced by 􀁾􀁨􀁥􀀠plat dated March 31, 1978 and cecorded in Volume 78082, Page 889 of said Deed Records, said :.0955 acre 􀁾􀁲􀁡􀁣􀁾􀀠of land being more 􀁰􀁡􀁲􀁾􀁩􀁣􀁵􀁬􀁡􀁲􀁬􀁹􀀠described by 􀁾􀁥􀁾􀁥􀁳􀀠and bounds as follows; BEGINNING at a 5/8 inch iron rod set in the proposed North right0: way line of Arapaho Road and the South right of way line of a lOO foot wide railroad right of way as conveyed to Dallas Area Rapid ':'ransit Property Acquisition Corporation (herein refer=ed ::0 as DART) on December 27, 1990 and recorded in Volume 91008, ?aqe 􀁾􀀳􀀹􀀰􀀠of said Deed Records, said point being 􀁾􀁨􀁥􀀠common Ncr::heast corner of said called 137, 96B square. foot tract and Ncr::nwest corner of a called 4.0Bl acre tract of land conveyed ?ut::ic Storage of Dallas, LTD. on October 3, 1979 and rec:::roed i.n Volume 79196, Page 31B8 of said Deed Records, sal.d ca':'led 4.081 acre tract being all of Lot 3, of the Watson and :ay:'c::: Subdivision No.2, an addition to the Town of Addison, as e':loenced by the plat dated September 12, 1979 and recorded in Volume 79180, Page 0888 of said Deed Records; :'i':ENC::, SOUTH 00·33'49" EAST (called South 00·26'30" East), oepar:ing said lines and along the common East line of sal.d called 137,968 square foot tract and West line of said called 􀁾􀀮􀀰􀀸􀀱􀀠acre tract, a distance of 146.53 feet to a point in a 􀁣􀁾􀁲􀁶􀁥􀀠of the proposed South right of way line of Arapaho Road; :'HENCE, departing said common line and along the proposed 􀁓􀁯􀁵􀁾􀁨􀀠right of way line. of Arapaho Road the following courses and 􀀺􀀺􀁩􀁾􀁳􀁴􀁡􀁮􀁣􀁥􀁳􀀻􀀠Pace 1 of 3 PARCEL 13 -ARAPAHO ROAD PROJECT SOUTHWESTERLY, along the arc of a non-tangent curve :'0 :.he lefc having a radius of 818.00 feet, a ceno,:ral angle 0: 7·15'29", a chord bearing South 62·56'22" West a distance of 103.55 feet, for an arc distance of 103.62 feet tc :.he point of tangency of said curve; SOUTH 53·39'46" WEST, a distance of 130.54 feet 1:'0 an "J<" in concrete set for an angle point; SOUTH 56·50' 32" WEST, a distance of 31. 95 feet to a paino,: in the common West line of said called 137,968 square foot trac".: and East line of a called 2.20 acre tract of land conveyed tc the City of Addison on June 28, 1977 and recorded 􀁾􀁮􀀠Volume 77135, Page 1581 of said Deed Records; THE:NC::, NORTH 00·27'52" WEST (called' North 00·26'30" Wes<;:), departing said line and along the common West line of said called 137,968 square foot tract and East line of said called 2.20 acre tract, a distance of 288.54 feet to a 1/2 inch iron rod :ound in the proposed North right of .,ay line of Arapaho Road and -.:he South right of way line of said DART railroad, said pc:n:: being the common Northwest corner of said called 137, 968 square foot tract and Northeast corner of said called 2.20 acre ... -.::c'--.-----.... 􀁾􀀠::o:::N'::::, SOUTH 89°58' 49" EAST (called EAST), departing 􀁳􀁡􀁾􀁤􀀠􀀽􀀽􀁾􀁾􀁣􀁾􀀠:ine and along the common North line of said ca:led 􀀺􀁾􀀷􀀬􀀻􀀶􀁡􀀠square foot tract, proposed North right of .,ay line of 􀁾􀁲􀁡􀁰􀁡􀁨􀁯􀀠Road, and South right of way line of said DART railroad, a distance of 225.02 feet (called 225 feet) to the POINT OF BEGINNING; ::ONTAINING an area of 1.0955 acres or 47,722 square feet of land "'i::hin -.:he metes recited. Page 2 of :3 PARCEL 13 -ARAPAHO ROAD PROJECT !u::. 􀁢􀁥􀁡􀁾􀁩􀁮􀁧􀁳􀀠are referenced to the North Right of Way ::'ne c: 􀁃􀁥􀁮􀁣􀁵􀁾􀁩􀁯􀁮􀀠Way, called S 89°51'55" E, according to the final p:at of Lac 3, Surveyor Addition, recorded in Vol. '771'3, Page :35, Deed Records of Dallas County, Texas. A plac of even survey date herewith accompanies 􀁾􀁨􀁩􀁳􀀠description• • , Ayub R. Sandhu, a Registered Professional Land Su:::veyor, hereby certify that the legal description hereon and the accompanying plat represent an actual survey made on the ground under my supervision. 􀀴􀁲􀁾􀀬􀀮􀀨􀀮􀀠ji,.&;l J/-/rt-'r'l AyUb R. Sandhu, R.P.L.S. T.exas Registration No. 2910 .:.-<. Page 3 of 3 ., • E XIIiBII "8" {UIHO IAlf) S 89'58'49' £ 225 01' ......-􀁾􀀭􀀮􀀮􀀮􀀺􀀢􀀧􀁴􀀽􀀽􀁾􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀧􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭flP.O.B. WD, 1/2· lROU AOO R £ "ElAl lit ---"',-]a IllJIi\VUIllJ I£ilVIl!1It8 SIIDIitYIiV lO' .Alr ...._ -'__ 􀁾􀀠1i\·123 DAllAS ARE A RAPtO tRANSit -\:-􀁾􀀭􀁉PllOI'E RTV ACQUISI1IOII COOPORA nOlI fiE CitAUU!. l 􀀭􀁾􀀠II8 I,0' ou..... "[NI1100' RD.) ....-EASt.... III WDEChlBER 27, "00 \'IL 01008. 􀁾􀁇􀀮􀀠1300 ORO.C.t. 􀁾􀁴􀀿􀀠Ii I I --Ii! 􀁾􀀠􀁾􀀠CA.U0 2020 AC. aTY Of ADIlIstOll 􀁾􀀠'I . 6tp% 􀁯􀁾.AllIE 28. Itn '11 on .. \'IL 11llS. po. ISII 􀁾% 1 :.,..,t'tl'lDJI.D.C.J. LOT J􀁾􀀡􀀠il 􀁾􀁾􀁏􀁬􀀠 ; ."SOH AND "'Ull!. 􀀡􀀧􀀯􀀢􀁾􀀮􀁾􀁬􀀠.. 􀁾􀀠ly,,11 . I I SUIiIlI"SIOH N(l 2 .... ,.... S[PlEuaER 12, tn.·\," 􀁾􀀠 .__ ,1 jz 􀁾􀀮􀀮􀀠i \ . : i " 101 I15 I': WAISOH AND "..too VOL 79110. PG _ • • /1--.. • " SUBOI\.tSf{JN : D.R.D.C.I. 􀁾􀀬􀀠I'/1) I;" L 􀁾􀀠I .. .!!:IARCH 31. '1911:' I" ...... 78082. PG. 88" CAllE D 4.011 AG (.j..j;; O.RDC.r I PUIlUC llORACt: Of't;S 4" . . DAllAS. LID. 1> ,., ,CAllED Ill,11I SQ. n. OCleau 􀁾􀀠1171, I'\IIIUC STOfUClf or . \'IL 7aIH, PO. 3188; DAllAS. LID. . D ••. D.C.T., • oIlHE.." 1118 \'IL 7.118. PO. lOli a.R.D.c.l. PARCEl 13 A PLAT Of A OTES: 1.0955 ACRE (47,722 SQ. fT.) tRACT Of LAND J. USEIIENIS SHOWH ARE lAKE H fROW lilt PLAtS INDICATED ... (c 􀀬􀀬􀁾􀀮􀁾...!e-f IN lHE DAVID MYERS SURIIE Y ,MON. THE 􀁓􀁕􀁒􀁾YOR Oil NOT ABSTRACT lllE SU8.ECT 􀀬􀀬􀁾􀀮􀁻􀀬􀁯􀁜􀀭􀀬􀁦􀀮􀁅􀀧􀁴􀁩􀀺􀀮􀀢􀀧􀀧􀀧􀀧'\\ ABSTRACT NO. 923IIJl'£RTV SO ALL USEIlEHIS IIAY NDI BE SliD..... c., .'ZAYub R. Sandhu, R.P.L.S. Texas Registration No. 2910 Page 3 of 3 --EXIIIBII "B" "A ", Ir, 7 'C: __,_. ___ ._____ ... A"'u,c, -' 'DI\IJ.M r, ". 􀁾􀀠on,," f:,IlI! 010 NOI A9smACI tHE SU9.J:CI tf 001:T!52". , l .:' .1 ' 1 !, "a, IR"e J NO, q21PROf'UTY so AU E AStUENTS lI.y NO' 9E SHOIN 01,5.1' 10WN 01 􀀢􀀡􀁬􀁉􀁊􀁉􀁾􀀠Uti I 1\1 'I n" I 1 VAll BEARINGS ARE REn:AENCtD to mE HORTH ..!eur or WAY I'!' " OAl.lAS C()UII1 Y. "XA", LINE Of f.ENruRICIf WAY, CAtUO S e9"51'55" [. ACCOROltlG 10 O[l-IOIES A fOUHU POttH AS INDlCA1tO , :f/􀁾􀀧􀀢􀀠 lHt fINAl PtAt 􀁾􀀠lOl J. SUR\'t'l'Uf' AOOIIION. A{COAO[O 'U OtUOI£S A 5/e"IRON ROO SEI UNLESS 60 0.\0 fit) 1 j " \{ ;'VOl 7111l. PACt US,OftOC.T 01ll(R.'S[ Horta I-!J--..I .' --I ---rAOflosr 0 RletU or • A Y UUI 1 ' 1''' " ( 􀀢􀀭􀁾􀀠A U GAt.. nE sc.::ur llOH Of' £ \IE H SOil\'{ Y {lA IE HE R[ wtnt /1.,.,(.1 X '"t.._.D') ,--r;nAt'I!lf: 'i,f 1>, t ACCUWPAUI[ 5 nilS PLAt 1 1"')/' ,,? • EXHIBITC TO TEMPORARY CONSTRUCTION EASEMENT In connection with the Roadway Improvements and the construction thereof and the use of the Easement and Easement Area by Grantee: 1. Structures located on and within the Easement Area and identified as "Structures to be Demolished" on the drawing attached hereto as Exhibit C -\ (prepared by HNTB and dated January. 2003, and herein referred to as the "Demolition Plan") will be demolished and removed in their entirety. 2. Structures located on and within the Easement Area and identified as "Structures to be Partially Demolished and Modified" on the Demolition Plan will be partially demolished and modified. With respect to such structures, Grantee will reconstruct and modify. with proper engineering, such structures in accordance with the Demolition Plan. 3. Following the demolition and removal of the Structures to be Demolished. all metal "clips" from existing concrete pavement wiII be removed. 4. Existing concrete pavement within the Easement Area will be protected. and any of such concrete pavement damaged by the construction will be restored to an equivalent design strength and thickness. In addition. after the demolition and removal of any storage unit Structures as described above in paragraphs 1 and 2 ofthis Exhibit c: (a) except as provided in subpart (b) below of this paragraph 4, the edges of concrete pad sites on which such Structures were placed wiII be smoothed off by the grinding of such edges (see attached Exhibit C-3); and (b) at three (3) locations along the northern line of such Structures, an approximately one foot vertical differential exists between the existing pad site and the abutting concrete drive. and at such locations (to be specifically identified at the site by Grantee's engineer) a concrete ramp will be constructed (see attached Exhibit C-4) adjacent to each grade variation, with the result that there will be a smooth sloped transition for motor vehicle access to and from the pad site area and the abutting concrete drives. It is anticipated that the 􀁾􀁯􀁲􀁫􀀠described in this paragraph 4 shall be performed during the construction of the Roadway Improvements. 5. Wall (a) A security wall or barrier constructed generally of masonry material (such as stone, brick, concrete, hollow-tile concrete-block, gypsum-block, or other similar building units or materials or a combination of the same) and iron at least eight (8) feet in height (the ··wall") (together with a security gate as indicated on the drawing attached hereto as Exhibit C-2 and referred to herein as the "Drawing") shall be constructed in accordance with the standards of the Town of Addison. Such wall shall be constructed on and within the Easement Area in the approximate location as shown on the Drawing. The elevation and design of the wall shall be Exhibit C to Temporarv Construction Easement Pagelof3 submitted by the Town ofAddison to Grantor for Grantor's review and reasonable approval prior to construction. In the construction of the wall, Grantee will remove and replace any e,\lSllng concrete pavement related to such construction. (b) Upon the final completion of the wall and the acceptance thereof by Grantor and Grantee. Grantee (or Grantee's contractor) shall maintain the wall for a period oftime sel forth in a maintenance bond obtained by Grantee from its contractor, but in any event not less than one (l) year (the term of such bond being the "maintenance period") from such complellon and acceptance. During the maintenance period, Grantee (or its contractor) shall have the right and an easement (and Grantor hereby grants and conveys such right and easement) to use as much 0 f the surface ofthe Easement Area or other property owned by Grantor that is adjacent to the wall (the "maintenance easement area") as may be reasonably necessary from time to time for Grantee (or its contractor) to maintain the wall; provided, however, that except in the case of an emergency, Grantee (or its contractor) shall give Grantor at least seventy-two (72) hours written notice prior to coming onto the maintenance easement area for 􀁭􀁡􀁩􀁮􀁴􀁥􀁾􀁡􀁮􀁣􀁥􀀠purposes. SUCH MAINTENANCE OBLIGATION AND MAINTENANCE EASEMENT SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS 􀁔􀁅􀁍􀁐􀁏􀁒􀁾􀁒􀁙􀀠CONSTRUCTION EASEMENT. (c) Upon the expiration of the maintenance period, Grantor, its successors and assigns, shall be responsible and provide for the upkeep, maintenance, and repair of the wall (including, without limitation, any reconsrruction or replacement of the wall) and shall keep the wall in a good and safe condition. In cormection therewith, Grantor (or its contractor) shall have the right and an easement (and Grantee hereby grants and conveys such right and easement) to use the public right-of-way located immediately adjacent to the wall (the "right-of-way easement area") as may be reasonably necessary from time to time for Grantor (or its contractor) to provide for the upkeep, maintenance. and repair of the wall; provide, however. that Gramor (or its contractor) shall give Grantee at least seventy-two (72) hours written notice prior to coming onto the right-of-way easement area for such purposes. THIS OBLIGATION OF GRANTOR TO PROVIDE UPKEEP, MAINTENANCE AND REPAIR OF THE WALL IN A GOOD 􀁁􀀮􀁾􀁄􀀠SAFE CONDITION FOLLOWING THE EXPIRATION OF THE MAINTENANCE PERIOD SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS TEMPORARY CONSTRUCTION EASEMENT AND SHALL CONSTITUTE A 􀁃􀁏􀁖􀁅􀁎􀁁􀀮􀁾􀁔􀀠RUNNING WITH THE STORAGE PROPERTY AS DESCRIBED IN EXHIBIT A TO THIS TEMPORARY CONSTRUCTION EASEMENT. 6. "Hazardous Materials" means and includes those elements or compounds which are contained in the list of Hazardous Substances adopted by 􀁴􀁨􀁾􀀠United States Environmental Protection Agency and the list of toxic pollutants designated by Congress or the Environmental Protection Agency, and any flammable substances, explosives, radioactive materials, materials, hazardous waste, toxic substances, pollutants, pollution or related materials regulated ·under any Environmental Laws. "Environmental Laws" means any federal, state, or local laws, ordinances, orders, policies, rules, standards, or regulations (and including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act, the Superfund Amendment and Reauthorization Act, the Resource Conservation Recovery Act, the Federal Water'Pollution Control Act, the Federal Environmental P.esticides Act, the Clean Water Act, the Exhibit C to Temporarv Construction Easement Page 2 of3 Clean Air Act. and alJ so-called federal, state and local "superfund" and "superlien" sUltules I governing or regulating the use, storage, treatment, transportation, generation. or disposal 0 f Hazardous Materials. Exhibit C to Temporarv Construction &sement Page 3 of3 "\ 􀁾􀀠\ 􀁾􀀠r •i ., •f •􀁾􀀠i g!if ; I, hf ~ I .' 􀁉􀀡􀁾􀀠I', II 􀁾􀀠" i .r :,Iii .. • % i 'Ii II :1 ________________1__ I: _ I. I .I . i 􀁾􀀠Exhibit C-l .. ;;=.---􀁩􀁾􀁾,I" ,;:; -p VI ;::0 :::J .!: 􀁾􀀠,.., . -c .., >,..,-I.:: r--< .... " ".! ) " " '!. ::',I " ". " .. it ' 'I. t :;lij.. --___-z . iI . Exhibit C-2 C5'..... '-EXISTING DRIVEWAY WIDTH OF' STORAGE UNIT 􀀧􀀭􀁃􀁏􀁾􀁃􀁒􀁅􀁔􀁅􀀠FOUNDATION CONTRACTOR TO GRIND DOWN CONCRETE LIP TO CREATE SMOOTH TRANSITION -----' '-EXISTING DRIVEWAY DETAIL 2 BUILDING SLAB DETAIL NO SCALE Exhibit C-3 􀁾􀀣􀀴􀀠SMOOTH f DOWEL BARS (j) 18" O,C.SAW CUT AND PROPOSED ; "'EMOVE KEYWAY ·T· I 2.a "II. . ; I I· :1 24" X Z" CONCRETE \""EXISTING F'OUNDATION 10' 3" #4 BARS I 2' DETAIL 1 BUILDING FOUNDATION RAMP NO SCALE .r:; " 􀁾􀀬􀀯􀀠"'"' 0:2 -/􀁾􀀮􀁣􀀺􀀠'" OQ.Q'N.,'co 􀀵􀁾􀀠􀁚􀁾􀁩􀀬􀀬􀁾􀀺􀁾􀁉􀁾􀁾􀁩􀁾􀁩􀁾􀀽􀀺􀁪􀁾􀀬􀀮􀀽􀀭􀁾􀀬􀀽􀂷􀁾􀀽􀂷􀀺􀀺________________________________________􀁾􀀠-"'Exhibi t C-4 .0 EXHIBITD TO TEMPORARY CONSTRUCTIOl' EASEME1'o"T 1. Standby fees, taXes and assessments by any taXing authority for the year 20o_. and subsequent years, and subsequent taXes and assessments by ani taXing authom: ior pnor years due to change in land usage or ownership, but not those taXes or assessments for pnor years because of an exemption granted to a previous owner of the Easement Area under Section 11.13. Texas Tax Code, or because ofimprovements no! assessed for a previous tax year 2. Any discrepancies, conflicts, or shortages in area or boundary lines. or any encroachments. or protrusions or any overlapping of improvements. 3. [Schedule B exceptions to title policy] Exhibit D to Temporary Construction Easement EXHIBITE TO TEMPORARY CONSTRUCTIOl'" EASEME!'iT 4.1 Seller's Represeotations and Warranties. Seller makes the followmg representatlons and warranties: (a) Seller has the full right, power, and authoriry to sell and convey the Propen\' and the Easement Area as provided in this ContraCt and to carry out Seller's obligallons hereunder, and all requisite action necessary to authorize Seller to enter into this Contract and to carry out its obligations hereunder has been, or by the Closing will have been, taken; (b) Seller has not received notice from any governmental or quasi-governmental agency requiring the correction of any condition with respect to the Property or the Easement Area. or any part thereof, by reason of a violation of any federal. state. county or Cil\ statute, ordinance. code, rule or regulation or stating that any investigation is being commenced or 1$ contemplated regarding any of the foregoing; (c) There are no leases, licenses or other agreements or obligations to which Seller 1S a pan" or by which Seller, the Property, or the Easement Area is bound which affect or may affect the Property or the Easement Area or the use thereofby the Buyer: (d) Seller has not itself, and to the best of Seller's knowledge no prior owner or current or prior tenant or other occupant of all or any part of the Propeny or the Easement Area at any time has used or deposited Hazardous Materials (hereinafter defined) on. from. or affecting the Properry or the Easement Area in any manner that violates federal. state. or local laws. ordinances, orders, policies, rules, standards, or regulations (and including. without limitation. the ComprehensiVe Environmental Response, Compensation and Liability Act. the Superfund Amendment and Reauthorization Act, the Resource Conservation Recovery Act. the Federal Water Pollution.Control Act, the Federal Environmental Pesticides Act. the Clean Waler Act. the Clean Air Act, and all so-called federal, state and local "superfund" and "superlien" statutes) governing or regulating the use, storage, treatment, transponalion. generation. or disposal of Hazardous Materials (collectively, the "Environmental Laws") and \0 the best of Seller's knowledge no Hazardous Materials have been disposed of on the Property or the Easement Area. "Hazardous Materials" shall mean and include those elements or compounds which are contained in the list of Hazardous Substances adopted by the United States Environmental Protection Agency and the list of toxic pollutants designated by Congress or the Environmental Protection Agency, and any flammable substances, explosives, radioactive . materials, hazardous waste, toxic substances, pollutants, pollution or related materials regulated under any of the Environmental Laws; (e) No work has been performed or is in progress at, and no materials have been furnished to. the Property or the Easement Area which. though not presently the subject of. might gtve rise to, mechanics', materialmen's or other liens against the Propeny or the Easement Area or any ponion thereof. If If any lien for such worle is filed before or after Closing hereunder, Seller shall promptly discharge the same. Exhibit E to TemporarY Construction Easement Page I of2 (0 Neither the Propeny nor the Easemem Area. nor any pan of the Proper"!\ 􀁯􀁾􀀠􀁣􀁲􀀮􀁾􀀠Easemem Area, is subject to or the subject of any litigation. or other legal or aamrnIstran w proceeding to which Seller is a named party, and Seller has no acrual knowledge of any facts which might result in any such litigation or proceedings and no actual knowledge of an: litigation or other legal or administrative proceeding involving the Property or the Easement Area. ., Exhibit E to TemPOrary Construction Easement Page 2 of2 EXHIBITE TO CONTRACT OF SALE The Remaining Property is described as follows: I. A called 4.081 acre tract of land conveyed to Public Storage of Dallas, LTD. on October 3, 1979 and recorded in Volume 79196, Page 3188 of the Deed Records of.Dallas County, Texas, said called 4.081 acre tract being all of Lot 3 ofthe Watson and Taylor Subdivision No.2, an addition to the Town of Addison, as evidenced by the plat dated September 12, 1979 and recorded in Volume 79180, Page 0888 of said Deed Records, SAVE AND EXCEPT that portion of the Property described in Exhibit A to this Contract ofSale and identified therein as Parcell:!; and 2. A called 137,968 square foot tract ofland conveyed to Public Storage of Dallas, LTD. on June 13, 1978 and recorded in Volume 78115, Page 3018 of the Deed Records of Dallas Coumy, Texas, said called 137,968 square foot tract being all of Lot 1 of the Watson and Taylor Subdivision, an addition to the Town of Addison, as evidenced by the plat dated March 31,1978 and recorded in Volume 78082, Page 889 of said Deed Records, SAVE AND EXCEPT that portion of the Property described in Exhibit A to this Contract of Sale and identified therein as Parcel 13. Exhibit E to Contract or Sale EXHIBITF TO CONTRACT OF SALE • Exhihit F to Contract of Sale ---, A , . l l. 􀁾􀀧􀂷􀀮􀀮􀀺􀀯􀀮􀁈􀀱􀁉􀂷􀀠Il"JAN'cOO} II! 11 tol '-2:') 1&8' pn"'''1 \bhibi t 5\$ 101"00. tocll j "y. d\lf\ N UIUft"lJllilll 􀁕􀀱􀁕􀀱􀁕􀁕􀁕􀁴􀁷􀀮􀁮􀁭􀀺􀁵􀁭􀁮􀁮􀀺􀁬􀁈􀁬􀀡􀁗􀁾􀁉􀁉􀀡􀁬􀁗 􀀡􀁭􀁴􀁊􀁕􀀱􀁊􀀱􀀱􀁾􀁉􀁉􀀮􀁬􀁬􀀮􀁮􀁕􀁉􀁕􀁮􀁬􀁬􀁬􀁬􀁬􀁬􀁬􀁬􀁬􀁬􀁬􀁬􀁉􀁉􀁉􀁴􀁕􀁉􀁉􀁕􀁬􀁬􀁬􀁬􀀧􀁬􀁬􀁴􀁕􀁕􀀧􀁉􀁊􀀮􀁦􀁬􀁬􀁬􀁬􀁬􀁡􀁴􀁴􀁴􀁉􀁊􀁬􀁬􀁬􀁴􀁉􀁉􀁉􀁉􀁕􀁬􀁬􀁬􀁬􀁬􀁬􀁡􀁴􀁬􀀧􀁴􀁬􀁴􀁉􀁉􀁕􀁉􀁉􀀧􀁬􀁮􀁾􀀧� �􀁬􀁬􀁴􀁬􀁉􀁉􀁕􀁕􀁉􀁉􀁩"""'/Iim -.. OAlLAS AREA RAPID TRANSITfl.. .PROPERTY ACQUISIIiON CORPORATiON' .\1" 􀀭􀂷􀂷􀁔􀁾􀀭􀀻􀀧􀁾􀁾􀁩􀁌􀀭􀁾􀀻􀀧􀀡􀁉􀀭􀀭􀀭􀁾􀂷􀀻􀀻􀀭􀀻􀁾􀁾􀁾􀂷􀁾􀁾􀁾􀁾􀁾􀁾􀁾􀁾􀀭􀁾􀀺􀂷􀁾􀂷􀀭� �􀁾􀁾􀁾􀀭􀀺􀀮􀁾􀁾􀁾􀁾􀁾􀀠􀀭􀁾􀀭􀀭􀁾􀁾􀁾􀁾􀀽􀁾􀁾􀁾􀀠􀁾􀀭􀀭-----------.--1--1·----------:-.---------: 􀁰􀀽􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀁾􀀭􀀭􀀺􀀺􀀭􀀭􀀭􀀭􀁾􀀭􀀮􀀭􀀮􀀭􀀮􀀭􀀻􀀭􀀻􀀭􀀭'AAAPAfii:YROAb'. _.; + 􀁾􀀮􀁾􀀮, .. ,-:" --, n_ .' ..... ' -"'. .. :, .-.' ;-::;;:;".;::;--;::;1· 􀀮􀀢􀀭􀀮􀀭􀀮􀁾􀀠􀁾􀁾􀀠•.• ' ... -..,...I i i ------------􀀺􀀻􀁾􀁾􀀮􀀺􀀮􀀮􀀭. .,..,---"'--. -)I jill -'7""'===-" II" --.. ...... .... \.; -... . 􀁐􀁾􀁌􀀠II􀁾􀁉􀀧􀀠/; I/l[I -.-'. 􀁾􀀭􀀺􀀺􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀁾􀀺.􀀮􀀺􀀭􀀺􀁳􀀺􀀻􀁾􀀺􀀺􀀺􀀭􀀺􀀻􀀮􀀭􀀻􀀢􀀭􀀻􀀬􀀺􀀭􀀮􀀻􀀭􀁾􀀢􀀧􀁾􀀭􀀮􀀻􀀭􀀮􀀻􀀭􀁾􀀭􀀢􀀮􀀬􀀮􀀭..1-"" II.' I Ii IIII, .'> .. , _---------PROPOSED :: 􀀺􀁾􀁰􀁩􀁩􀁑􀁰􀁏􀁓􀁅􀁏: , I " -"'; ::: ,-----'\ SECURITY FENCE 'I" .'SECURITY" I· ,/' .! '\'1:(-1 ,,-.. AND LINE :: .! .'PROPERlY FENCE /. , '. t . ' !' i: I LIMIIS OF TEWORARY ;1 I 􀁂􀁕􀁾􀁌􀁏􀁕􀁇􀁈􀀠I LYK I ! .' ---" . I I CONSIRUCIION EASEMENT I 1"'1 OFFICE BUILOIN: I" \' t , PROPOSEOI I'r !'􀁬􀁉􀁾􀁯􀀮􀀠I,lop,. II 1:1. II :SECURITY Gi\!E I It· , I ,j' IIILI 1􀁾􀁾􀀡􀀮􀀾􀀧􀁲􀁾􀀭􀁔􀀭􀁉􀀭􀀭􀀭􀀭􀁉􀁾􀀭.-------.-. --tI ! I! . I _..I I , .. 1 , I, , I PUBLl9 STOf1AGE OF DAlLAS, L 10. t I I II (Ii􀁟􀁾􀁙􀀡􀀢􀀠-L S 1 UllAGe r ACII.1l Y ABoTsON .. -, PIIIIJII r..---';(.AlI: ,.' UHfI:,.., i iI::I;:;::r-,..:---......-. 􀀭􀀭􀀭􀀭􀀭􀁾􀁾􀁾􀀠 UNANIMOUS WRITTEN CONSENT IN LIEU OF SPECIAL MEETING OF THE DIRECTORS OF WATSON & TAYLOR MANAGEMENT, INC. The undersigned, being all the Directors of Watson & Taylor Management, Inc., a Texas corporation (the "Corporation"), do hereby consent that when this Consent shall have been signed, the following resolutions shall then be deemed to be adopted to the same extent and to have the same force and effect as if adopted by unanimous vote at a fonnal special meeting of the Board of Directors of the Corporation, duly called and held for the purpose of acting upon the proposals to adopt such resolutions, all in accordance with the Texas Business Corporation Act: RESOLVED, that the Corporation, as the general partoer of Public Storage of Dallas, Ltd., is authorized to execute, deliver, and perfonn, in the name and on behalf ofthe Public Storage ofDallas, Ltd., the Contract of Sale (the "Contract") by and between Public Storage ofDallas, Ltd. ("Seller") and the Town ofAddison, Texas ("Buyer"). RESOLVED FURTHER, that A. Sl\U'ke Taylor, Ill, the President ofthe Corporation, be and hereby is authorized, empowered, and directed to execute, deliver, and perfonn, in the name and on behalf of the Corporation, as the general partner of Public Storage ofDallas, Ltd., the Contract, together with such changes therein as he may, in his sole discretion, deem necessary, advisable, or appropriate (his execution thereof being deemed conclusive evidence ofhis approval ofthe Contract and such changes). RESOLVED FURTHER, that A. Starke Taylor, Ill, the President of the Corporation, be and hereby is authorized, empowered and directed to execute, deliver and perfonn all other documents and certificates to be executed and delivered by the Corporation, as the general partner ofPublic Storage of Dallas, Ltd., pursuant to the Contract and each and all ofthe tenns and conditious thereof, be and hereby are approved and any officer of the Corporation be and hereby such documents, and certificates. The actions taken by this Consent shall have the same force and effect as if taken by the undersigned at a special meeting of the directors of the Corporation, duly called and constituted pursuant to the Bylaws of the Corporation and the laws of the State of Texas. Director Date of Signature A. Starke Taylor, III :J y_2-_":l-_., 2003==--\,..\,._{,r􀁾􀀧􀀲􀀰􀀰􀀳􀀠 3 Return to Republic Title cfTexas,lnc. 2626 HO'Nell Street, 10th Floor Dalles 1)( 75204 Release of Lien (pARTIAL) Attn. Patricia A Sherman Bruce I GF No. 02R14047/SJ7t,;a <611(1_e THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DALLAS WHEREAS, on the 22nd day of November, 1999, PUBLiC STORAGE OF DALLAS, LTD., a . Texas limited partnership (hereinafter called "Maker," whether one or more, masculine, feminine or neuter) did execute, acknowledge and deliver to ROY J. SALLEY, Trustee on behalf of COLONIAL BANK flk/a FIRST MERCANTIlE BANK, N.A. (hereinafter called "Payee," whether one or more, masculine, feminine or neuter) a deed of trust recorded in Volume 99230, Page 3454, Deed of Trust Records of Dallas County, Texas, Said note was further secured by an Assignment of Rents and Leases, which was filed on 11/24/1999, recorded in Volume 99230, Page 3465, Deed Records, Dallas County, Texas, and by a UCC Financing Statement, which was filed on 11124/1999, recorded in Volume 99230, Page 3475, Deed of Trust Records, Dallas County, Texas. All of the above-described instruments cover the following described real estate located in Dallas County, Texas: Being a tract of land being part of Lot 3 of the WATSON and TAYLOR SUBDIVISION NO.2, the Town of Addison, Dallas County, Texas and being more particularly described on Exhibit A attached hereto and made a part hereof for all purposes (the "Property"); to secure the prompt payment of one certain promissory note executed by the said Maker and payable to the order of said Payee in the original principal sum of $1,600,000.00, as therein provided; AND, WHEREAS, said note with accrued interest therein has been partially paid to the undersigned, the legal and equitable holder and owner of such note; NOW, THEREFORE, the undersigned, in consideration of the premises and of the partial payment of said note, the receipt of which is hereby acknowledged, has this day, and does by these presents RELEASE, DISCHARGE AND QUITCLAIM unto the Maker, his, her or its successors, heirs or assigns, as the case may be, all the right, title, interest and estate in and to the Property, which the undersigned has or may be entitled to by virtue of said deed of trust and any contemporaneous vendor's lien, and does hereby declare the same fully released and discharged therefrom, and from any and all other liens and security interests securing said indebtedness held by the undersigned whatsoever. It is expressly understood that this is a PARTIAL RELEASE and releases the liens securing the payment of the above described indebtedness as to the herein described property only, and nothing herein shall be construed to waive, affect, release or impair the validity of the liens securing the payment of said indebtedness as to any other property set out and described in the above mentioned instrument. F,\USERIPATRICIAIFORMSIRELEASES\KPS\PARTIALFRM EXECUTED this day of July, 2003. COLONIAL BANK flkia FIRST MERCANTILE BANK, N.A. Name: 􀀭􀀬􀀵􀀺􀀮􀀺􀁵􀀺􀀮􀀺􀀮􀀻􀀧􀁪􀁻􀀱􀀬􀀭􀀬􀀭􀀭􀀬􀀭􀁾􀀮􀀺􀀮􀀺􀀮􀀺􀀮􀀺􀀽􀁊􀀽􀁲􀀺􀀭􀁉􀀮􀀺􀀮􀀮􀀺􀁟􀀽􀁲_____ Title: 􀀭􀀭􀁜􀀺􀁾􀁾􀀽􀁜􀀿􀁹􀁽􀀢􀀭􀀢􀀢􀀢􀀧􀁉􀀧􀀱􀀭􀀬􀁾􀁾􀀧􀀢􀀢􀀢􀀬􀀭􀀽􀀮􀀮􀀮􀀮􀀮􀁲􀀭􀀭􀀭􀀭STATE OF TEXAS COUNTY OF mmb oJl6...L) . . 􀁾􀁩􀁳􀀠instrument was acknowledged before me on.,;;ts-tRday o! July, 2003, by SuSF\i\) J:h.XDtrRSO") (Name), 􀁂􀁦􀀧􀁜􀁉􀁊􀁴􀀼􀀮􀀮􀁾􀁾􀀠OFE,c.e.R(Title) of Colonial Bank flkia First Mercantile Bank, N.A., a .on behalf of said banking institution. [NOTARIAL SEAL] "","'!, 'i 􀁾􀀢􀀢􀀢􀀠KAY REBHOLZ'1 My Commission Expires i October 18, 2003 􀀧􀁾􀀼􀁬􀁉􀁬􀀡􀀧􀁏􀁦􀀧􀀪􀀱􀁐􀀠. .,. F,\USER\PATRlCIAIFORMSIRELEASESIKPSIPARTIAl..FRM EXHIBIT A BEING a description of a 1.0855 acre (47,282 square foot) tract of land situated in the David Myers Survey, Abstract Number 923, Town of Addison, Dallas County, Texas, and being a portion of a called 4.081 acre tract of land conveyed to Public Storage of Dallas, Ltd. on October 3, 1979 and recorded in Volume 79196, Page 3188 of the Deed Records of Dallas County, Texas, said called 4.081 acre tract being all of ' Lot 3, of the Watson and Taylor Subdivision No.2, an addition to the Town of Addison, as evidenced by the plat dated September 12, 1979 and recorded in Volume 79180, Page 0888 of said Deed Records, said 1.0855 acre tract of land being more particularly described by metes and bounds as follows; BEGINNING at a 112 inch iron rod found in the proposed North right of way line of Arapaho Road and the South right of way line of a 100 foot wide railroad right of way as conveyed to Dallas Area Rapid Transit Property Acquisition Corporation (herein referred to as DART) on December 27, 1990 and recorded in Volume 91008, Page 1390 of said Deed Records, said point being the common Northeast corner of said called 4.081 acre tract and Northwest corner of a called 1.103 acre tract of land conveyed to BulloughlLykos Office Building No. I, L.P. on June 11, 1998 and recorded in Volume 98115, Page 03999 of said Deed Records, said called 1.103 acre tract being all of "Lot 5, Surveyor Addition, Addition West Industrial Park", an addition to the Town of Addison, as evidenced by the plat dated February 7,1979 and recorded in Volume 79053, Page 0620 of said Deed Records; THENCE, South 00 degrees 06 minutes 08 seconds West (called South 00 degrees 08 minutes 05 seconds West), departing said lines and along the common East line of said called 4.081 acre tract and West line of said called 1.103 acre tract, a distance of 78.95 feet to a 5/8 inch iron rod set in the proposed South right of way line of Arapaho Road; THENCE, North 89 degrees 58 minutes 49 seconds West, departing said common line and along the proposed South South right of way line of Arapaho Road, a distance of 180.61 feet to a 5/8 inch iron rod set for the point of curvature of a tangent curve to the left; THENCE, Southwesterly, continuing along said line and along the arc of said curve to the left having a radius of 818.00 feet, a central angle of 23 degrees 27 minutes 04 seconds, a chord bearing South 78 degrees 17 minutes 39 seconds West a distance of 332.48, for an arc distance of 334.81 feet to a point in the common West line of said called 4.081 acre tract and East line of a called 137,968 square foot tract of land conveyed to Public Storage of Dallas, Ltd. on June 13, 1978 and recorded in Volume 78115, Page 3018 of said Deed Records, said called 137,968 square foot tract being all of Lot 1, ofthe Watson and Taylor Subdivision, an addition to the Town of Addison, as evidenced by the plat dated March 31,1978 and recorded in Volume 78082, Page 889 of said Deed Records; THENCE, North 00 degrees 33 minutes 49 seconds West (called North 00 degrees 26 minutes minutes 30 seconds East), departing said line and along the common West line of said called 4.081 acre tract and East line of said called 137,968 square foot tract, a distance of 146.53 feet to a 5/8 inch iron rod set in the proposed North right of way line of Arapaho Road and the South right of way line of said DART· railroad, said point being the common Northwest corner of said called 4.081 acre tract and Northeast corner of said called 137,968 square foot tract; F:IUSERIPA lRICIAIFORMSIRELEASESIKPSIP ARTIAL.FRM THENCE, South 89 degrees 58 minutes 49 seconds East (called EAST), departing said common line and along the common North line of said called 4.081 acre tract, proposed North right of way line of Arapaho Road and South right of way of said DART railroad, a distance of 507.75 feet (called 507.71 feet) to the POINT OF BEGINNING; CONTAINING an area of 1.0855 acres or 47,282 square feet of land, more or less, within the metes recited. All bearings are referenced to the North Right of Way line of Centurion Way, called South 89 degrees 51 minutes 55 seconds East, according to the final plat of Lot 3, Surveyor Addition, recorded in Volume 77173, Page 135, Deed Records of Dallas County, Texas. F,IUSERIPATRIClAIFORMSIRELEASESIKPSIPARTIAL.FRM 4 Release of Lien (pARTIAL) GF No. 02Rl40481SJ7 THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DALLAS WHEREAS, on the 22nd day of November, 1999, PUBUC STORAGE OF DALLAS, LTD" a Texas limited partnership (hereinafter called "Maker," whether one or more, masculine, feminine or neuter) did execute, acknowledge and deliver to ROY J, SAllEY, Trustee on behalf of COLONIAL BANK flk/a FIRST MERCANTILE BANK, N,A (hereinafter called "Payee," whether one or more, masculine, feminine or neuter) a deed of trust recorded in Volume 99230, Page 3454, Deed of Trust Records of Dallas County, Texas, Said note was further secured by an Assignment of Rents and Leases, which was filed on 1112411999, recorded in Volume 99230, Page 3465, Deed Records, Dallas County, Texas, and by a UCCFinancing Statement, which was filed on 11124/1999, recorded in Volume 99230, Page 3475, Deed of Trust Records; Dallas County,Texas, All of the above·described instruments cover the following described real estate located in Dallas County, Texas: Being a tract of land and being part of Lot 1 of the WATSON AND TAYLOR SUBDIVISION, the Town of Addison, Dallas County, Texas and being more particularly described on Exhibit A attached hereto and made a part hereof for all purposes (the "Property"); to secure the prompt payment of one certain promissory note executed by the said Maker and payable to the order of said Payee in the original principal sum of $1,600,000,00, as therein provided; AND, WHEREAS, said note with accrued interest therein has been partially paid to the undersigned, the legal and equitable holder and owner of such note; NOW, THEREFORE, the undersigned, in consideration of the premises and of the partial payment of said note, the receipt of which is hereby acknowledged; has this day, and does by these presents RELEASE, DISCHARGE AND QUITCLAIM unto the Maker, his, her or its successors, heirs or assigns, as the case may be, all the right, title, interest and estate in and to the Property, which the undersigned has or may be entitled to by virtue of said deed of trust and any contemporaneous vendor's lien, and does hereby declare the same fulIYTeleased and discharged therefrom, and from any and all other liens and security interests securing said indebtedness held by the undersigned whatsoever. It is expressly understood that this is a PARTIAL RELEASE and releases the liens securing the payment of the above described indebtedness as to the herein described property only, ,and nothing herein shall be construed to waive, affect, release or impair the validity of the liens securing the payment of said indebtedness as to any other property set out and described in the above mentioned instrument. P:IUSERIPATRIClAIFORMSlRBLEASESIKPSlPARTlAL.FRM EXECUTED this d'5' day of July, 2003, COLONIAL BANK f/k/a FIRST MERCANTILE BANK, N.A. 􀁂􀁙􀀺􀁾􀁾I Name: 􀁟􀁾􀀻􀀻􀁯􀀮􀁦􀁜􀁟􀂣􀁶􀀮􀀮􀁊􀀭􀀢􀀬􀀬􀀬􀀬􀀬􀀬􀀬􀁤􀀺􀀺􀀺􀀺􀀮􀀮􀀮􀀮􀀺􀀮􀀺􀀺􀀺􀀺􀁯􀁲􀀭􀀺􀀺􀀺􀁌􀀭___ _ Title: 􀁾􀁜􀀺􀀭􀂥􀁬􀁾􀀠Ot.{\L..t' STATE OF TEXAS COUNTYOF 􀁔􀁾􀀠s This instrument was acknowledged before me on ':2s'-jlZ'daY of July, 2003, by U 􀀵􀁁􀁾􀀠􀁁􀁴􀁖􀁾S.Or.J (Name), 􀁂􀀸􀁎􀁋􀁏􀀺􀁾􀁽􀀮􀁬 􀀻􀀦􀀠Op.o:ta:( (Title) of Colonial Bank f/k/a First Mercantile Bank, N.A., a on behalf of said banking institution. {NOTARIAL SEAL] -c""""',_dz_􀁾􀀢􀀢􀀧􀁟􀀭􀀢__􀀮􀀮􀁉􀁩􀁉􀁢􀁟􀁾􀀠,j 􀁾􀀢􀀮􀀧􀀠KAY REBHOLZ , My Commission I:XPlres October 18, 2003 ""'..􀀢􀀬􀁾􀀠F,\USER\PATRIClA\FORMSIRELEASESIKPSlPARTIAL.FRM Exhibit A BEING a description of a 1,0955 acre (47,722 square foot) tract of land situated in the David Myers Survey, Abstract Number 923, Town of Addison, Dallas County, TexaS, and being a portion of a called 137,968 square foot tract of land conveyed to Public Storage of Dallas, LTD. on June 13, 1978 and recorded in Volume 78115, Page 3018 of the Deed Records of Dallas County, Texas, said called 137,968 square foot tract being all of Lot 1, of the Watson and Taylor Subdivision, an addition to the Town of Addison, as evidenced by the plat dated March 31,1978 and recorded in Volume 78082, Page 889 of said Deed Records, said 1.0955 acre tract of land being more particularly described by metes and bounds as follows: BEGINNING at a 5/8 inch iron rod set in the proposed North right of way line of Arapaho Road and the South right of way line of a 100 foot wide railroad right of way as conveyed to Dallas Area Rapid Transit Property Acquisition Corporation (herein referred to as DART) on December 27, 1990 and recorded in Volume 91008, Page 1390 of said Deed Records, said point being the common Northeast corner of said called 137,968 square foot tract and Northwest corner of a called 4.081 acre tract of land conveyed to Public Storage of Dallas, LTD. on October 3, 1979 and recorded in Volume 79196, Page 3188 of said Deed Records, said called 4.081 acre tract being all of Lot 3, of the Watson and Taylor Subdivision No.2, an addition to the Town of Addison, as evidenced by the plat dated September 12,1979 and recorded in Volume 79180, Page 0888 of said Deed Records; THENCE, South 00 degrees 33 minutes 49 seconds East (called South 00 degrees 26 minutes. 30 seconds East), departing said lines and along the common East line of said called 137,968 square foot tract and West line of said called 4.081 acre tract, a distance of 146.53 feet to a point in a curve of the proposed South right of way line of Arapho Road; THENCE, departing said common line and along the proposed South right of way line of Arapho Road the following courses and distances: Southwesterly, along the arc of a non-tangent curve to the left having a radius of 818.00 feet, a central angle of 7 degrees 15 minutes 29 seconds, a chord bearing South 62 degrees 56 minutes 22 seconds West a distance of 103.55 feet, for an arc distance of 103.62 feet to the point of tangency of said curve; South 53 degrees 39 minutes 46 seconds West, a distance of 130.54 feet to an "x" in concrete set for an angle point; South 56 degrees 50 minutes 32 seconds West, a distance of 31.95 feet to a point in the common West line of said called 137,968 square foot tract and East line of a called 2.20 acre tract of land conveyed to the City of Addison on June 28,1977 and recorded in Volume 77135, Page 1581 of said Deed Records; THENCE, North 00 degrees 27 minutes 52 seconds West (called North 00 degrees 26 minutes 30 seconds West), departing said line and along the common West line of said called 137,968 square foot tract and East line of said called 2.20 acre tract, a distance of 288.54 feet to a 112 inch iron rod found in the proposed North right of way line of Arapaho Road and the South right of way line of F:IUSERIPATRICIAIFORMSIRELEASBS\KPSIPARTlALFRM DART railroad, said point being the common Northwest corner of said called 137,968 square foot tract and Northeast corner of said called 2.20 acre tract; THENCE, South 89 degrees 58 minutes 49 seconds East (called East), departing said common line and along the common North line of said called 137,968 square foot tract, proposed North right of way line of Arapaho Road and South right of way line of said DART railroad a distance of 225.02 feet (called 225 feet) to the POINT OF BEGlNNING; CONTAINING an area of 1.0955 acres or 47,722 square feet of land, more Or less, within the metes recited. F,IUS8RIl'AT!l.ICIAIFORMSlRELEASESIKPSIl'ARTIAL.I'RM /"c,,\ ,. -; ' .." 5 I '...netumta .' Republic TItle of Texas Inc , 2626 Howell Street, 100, Floor Oallas TX 75204 ,Attn: Patricia. A Sherman Bruce SPECIAL WARRANTY DEED STATE OF TEXAS ) ) KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DALLAS ) THAT Public Storage of DaUas, Ltd., a Texas limited partnership with offices at 4015 Belt Line Road, Addison, TX 75001-4383 ("Grantor"), for and in consideration of the sum of Ten and Noll 00 Dollars ($10.00) and other good and valuable consideration to the undersigned paid by the Town of Addison, Texas, a Texas municipal corporation ("Grantee"),whose address is 5300 Belt Line Road, Dallas, TX 75240-7606, the adequacy and receipt of which are hereby acknowledged, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY unto Grantee, all of the real property in Dallas County, Texas, described in the attsched Exhibit A, (the "Property"), together with all and singular the rights and appurtenances thereto in anywise belonging, subject only to the exceptions and encumbrances described in the attached Exhibit B (the "PemIitted Exceptions"). TO HAVE AND TO HOLD the Property, together with aU and singular the rights and appurtenances thereto in anywise belonging, unto Grantee and Grantee's successors and assigns forever; and Grantor does hereby bind itself and its successors to WARRANT AND FOREVER DEFEND, all and singular, the Property unto Grantee, and Grantee's successors and assigns,' against every person whomsoever lawfully claiming or to claim the Property or any part thereof, except as to the Permitted Exceptions, when the claim is by, through, or under Grantor, but not otherwise. PROVIDED, HOWEVER, THAT THE PROPERTY IS CONVEYED AND TRANSFERRED TO GRANTEE "AS IS, WHERE IS, AND WITH ALL FAULTS AND PATENT AND LATENT DEFECTS", AND, EXCEPT AS EXPRESSLY OTHERWISE SET FORTH IN ARTICLE IV, SECTION 4.1, OF THAT CONTRACT OF SALE DATED JULYiS., 2003 BETWEEN GRANTOR AND GRANTEE (A TRUE AND CORRECT COPY OF WHICH SECTION IS ATTACHED HERETO AS EXHIBIT C). GRANTOR HAS NOT MADE, DOES NOT MAKE, AND SPECIFICALLY DISCLAIMS, ANY REPRESENTATION, PROMISE, COVENANT, AGREEMENT, GUARANTY OR WARRANTY OF ANY KIND OR CHARACTER, EXPRESS OR IMPLIED, OR ARISING BY OPERATION OF LAW, AS TO THE QUANTITY, QUALITY, CONDITION, SIDTABILITY, HABITABILITY, OR FITNESS OF THE PROPERTY FOR ANY PURPOSE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION REGARDING SOIL CONDITIONS, AVAILABILITY OF UTILITIES, DRAINAGE, ZONING LAWS, ENVIRONMENTAL LAWS, OR ANY OTHER FEDERAL, STATE OR LOCAL STATUTES, CODES, REGULATIONS OR 􀁏􀁒􀁄􀁉􀁎􀁁􀁴􀁾􀁃􀁅􀁓􀀮􀀠GRANTEE ALSO ACKNOWLEDGES AND AGREES THAT GRANTEE'S INSPECTION AND INVESTIGATION OF THE PROPERTY HAVE BEEN ADEQUATE TO ENABLE GRANTEE TO MAKE GRANTEE'S OWN DETERMINATION WITH RESPECT TO THE SIDTABILITY OR FITNESS OF THE PROPERTY, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO SOIL CONDITIONS, AVAILABILITY OF UTILITIES, DRAINAGE, ZONING LAWS, ENVIRONMENTAL LAWS, AND ANY OTHER FEDERAL, STATE OR LOCAL STATUTES, CODES, REGULATIONS OR ORDINANCES. GRANTEE 􀁁􀁃􀁋􀀱􀁾􀁏􀁗􀁌􀁅􀁄􀁇􀁅􀁓􀀠THAT THE DISCLAIMERS, AGREEMENTS AND OTHER STATEMENTS SET FORTH IN TIDS PARAGRAPH ARE AN INTEGRAL PORTION OF TIDS DEED AND THAT GRANTOR WOULD NOT AGREE TO SELL THE PROPERTY TO GRANTEE FOR THE PURCHASE PRICE WITHOUT THE DISCLAIMERS, AGREEMENTS AND OTHER STATEMENTS SET FORTH IN TIDS PARAGRAPH. GRANTEE FURTHER ACKNOWLEDGES THAT GRANTEE IS NOT IN A DISPARATE BARGAINING POSITION WITH RESPECT TO GRANTOR. Seller has and assumes the obligation to pay property taxes and assessments for the Property for current year 2003 through the Closing Date of the Contract of Sale dated July lji, 2003 between Grantor and Grantee. DATED as of the 28th day ofJuly, 2003. GRANTOR: Public Storage of Dallas, Ltd, a Texas limited partnership By: Watson & Taylor Management, Inc., a Texas corporation, its sole Genera! Partner BY: 􀁴􀁉􀀣􀁾􀀭􀀧􀀺􀀯􀁾􀁦􀀮􀀻􀁾A. Starke Taylor III, President STATEOFTexas ) ) COUNTY OF Dallas ) This instrument was acknowledged before me on this 22nd day of July, 2003, by A. Starke Taylor III, President of Watson & Taylor Management, Inc., a Texas corporation, on behalf of said corporation, and the corporation acknowledged this instrument as sole general partner of Public Storage of Dallas, Ltd., a Texas limited partnership, on behalf of said limited partnership. 􀀿􀁡􀁫􀂷􀁣􀀮􀂷􀁾􀀠a. 5ltMy Commission Expires: Notary Public in and for the State of Texas rtttlfci" fl. Shd/JUiu""ly-'--____--', 2003. 􀁜􀀲􀀭􀁶􀀭􀀮􀁾􀀠GRANTOR: PUBLIC STORAGE OF DALLAS, LTD. DATED EFFECTIVE By: A. Starke Taylor ill, resident Watson & Taylor Management, Inc. Accepted and Agreed: DATED Riims this 􀁾􀁤􀁡􀁹of :::::x 􀁾􀀠,2003 . . GRANTEE: TOWN OF ADDISON, TEXAS 􀀭􀀻􀀺􀀭􀁉􀀭􀀮􀁒􀁾􀀭􀀭􀀭􀀭􀀽􀁗􀀽􀀭􀀺􀁕􀁾􀁬􀀺􀁾􀁲􀁾􀀭􀀭􀀮􀀮􀀮􀁌􀀭Ron Whitehead, City Manager Temporary Construction Easement Page4of6 STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me on this :J.fl 􀁾􀁡􀁹of -;rJ", , 2003, by A. Starke Taylor ill, President of Watson & Taylor Management, Inc., a Tixas corporation, the sole general partner of Public Storage ofDallas, Ltd., a Texas limited partnership, on behalf ofthe said limited partnership. [Seal] 􀀢􀀢􀁾􀁾􀀼􀁟􀀮􀀬􀀠􀀬􀁟􀀬􀁟􀁾__ .. , 􀀮􀀬􀁾􀀺􀀧􀀻􀀮􀀺􀀠;+):;,.. Patricia ,A.. Sherman al"""j/...􀀺􀂷􀁾􀂷􀂷􀂷􀁬􀂷􀂷􀂷􀀧􀀺􀀢􀀠􀀧􀁾􀁎􀁯􀁴􀁡􀁛􀁜􀀧􀀠PllDiit, State: at 􀁔􀁴􀀺􀀧􀀮􀁸􀀡􀀺􀀺􀁾􀀠􀁾􀀠􀀺􀁾􀁉􀀪􀁾􀀠'. ' 􀀧􀀻􀀢􀁜􀁾􀀯􀀠J MyComm","nE""!,,,􀀢􀀧􀁜􀀺􀁾􀁾􀁴􀁴􀀺􀀺􀀻􀀻􀀧􀁾􀁾􀀢􀀠AUGUST 04l 2005 ' .......... 􀁾􀁾􀀢􀀧􀁴􀀺􀀧􀀮􀀠 STATE OF TEXAS § § COUNTY OF DALLAS § By: 􀁾􀀠4.,t.:c.;e;,? _sLL-Notary Public, State ofTexas My Commission Expires: g-'/-O'5" This instrument was acknowledged before me on this 􀁾􀁤􀁡􀁹of J u..L '1 , 2003 by Ron Whitehead, City Manager of the Town of Addison, Texas, a Texas municipal corporation, on behalf ofthe said municipal corporation. [Seal] By: By: in􀀧􀀰􀁾􀀠X. 􀁣􀀮􀀧􀀱􀁊􀁾􀁾􀀠;!l"" MICHELE L. COVINO Notary l'ublic, State ofTexas • • NOTARY PUBUC, STATE OFTEXAS " MY COMMISSION EJPIRES 0Il-2l!,2IlO5 af®My Commission Expires: 0 1-2-2 -oS" GRANTEE'S ADDRESS: Town of Addison, Texas P.O.Box9010 Addison, Texas CONSENT OF LIENHOLDER Lienholder, the undersigned Colonial Bank, whose address is 1522 Gross Ed. Mesquite, Texas. 75149, as the holder of lien(s) on the Easement Area, consents to the above grant of temporary construction easement, including the terms and conditions of such grant, and to the recording of this instrument, and Lienholder, the undersigned Colonial Bank, hereby subordinates its lien(s) to the rights and interests of Grantee, so that a foreclosure of the Temporarv Construction Easement Page 5 of6 lien(s) will not extinguish the rights and interests of Grantee. The person signing on behalf of Colonial Bank hereby represents that the person has authority and is duly authorized to sign this Consent on behalf of and to bind Colonial Bank. COLONIAL BANK 􀁂􀁙􀀺􀁾􀀠􀁰􀁾􀀺􀁪􀁜􀁜􀁌􀁩􀁾􀀠Title: "f.¥,.,..., \£"9 D-f.k L d 􀁂􀁥􀁦􀁾􀁥􀀠me, the undersigned authority, on this day personally appeared 􀁓􀁜􀀩􀁳􀁥􀀡􀀧􀀬􀀩􀁾􀀮􀁬􀀡􀀺􀀺􀁥􀁾􀀬􀀠known to· me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. [Seal] My Commission Expires: ID-(&-03 :;;&;'''''1,,,f!IiJ KAY REBHOLZ ,\ My commission Expires , October 1B. 2003 􀀬􀁰􀀻􀀺􀁾􀀷􀁅􀀧􀁃􀀣􀁾􀁏􀁊􀀠Temporary Construction Easement Page 6 of6 EXHIBIT A TO TEMPORARY CONSTRUCTION EASEMEJ','T The Storage ProperlY is described as follows: A called 4.081 acre tract ofland conveyed to Public Storage of Dallas. LTD. on October 3, 1979 and recorded in Volume 79196, Page 3188 of the Deed Records of Dallas County. Texas. said called 4.081 acne tract being all ofLot 3 ofthe Watson and Taylor Subdivision No. :!. an addition to the Town of Addison, as evidenced by the plat dated September 12. 1979 and recorded in Volume 79180, Page 0888 of said Deed Records; and A called 137,968 square foot tract of land conveyed to Public Storage of Dallas. LTD. on June 13, 1978 and recorded in VQlume 78115, Page 3018 of the Deed Records of Dallas County. Texas, said called 137,968 square foot tract being all of Lot 1 of the Watson and Taylor Subdivision, an addition to the Town of Addison, as evidenced by the plat dated March 31. 1978 and recorded in Volume 78082, Page 889 ofsaid Deed Records. • EXhjbit A 10 T emporarv Construction Easement EXHIBITB TO TEMPORARY CONSTRUCTION EASEMENT t: Exhibit B to Temporary Construction Easement Parcel 12·TE Field 􀁎􀁯􀁾􀁥􀀠Description Arapaho Road 􀁐􀁲􀁯􀁪􀁥􀁣􀁾􀀠 Town of Addison Dallas County, Texas BEING a descriptien ef a 0.5291 acre (23,049 square feet) 􀁴􀀽􀁡􀁣􀁾􀀠of land situated in the David Myers Survey, 􀁁􀁢􀁳􀁴􀁲􀁡􀁣􀁾􀀠Number 923, Town of Addison, Dallas Ceunty, Texas, and being a 􀁰􀁯􀁲􀁾􀁩􀁯􀁮􀀠of a called 4.081 acre tract of land cenveyed to Public Storage ef Dallas, LTD. on Octeber 3, 1979 and recorded in volume 79196. Page 3188 of the Deed Records ef Dallas Ceunty, Texas. said called 4.081 acre tract being all ef Lot 3, ef the Watson and Tayler SUbdivisien NO'. 2, an additien to' the Tewn ef Addisen, as evidenced by the plat dated September 12, 1979 and recerded in Velume 79180, Page 088S O'f said Deed RecO'rds, said 0.5291 acre ::ract ef land being more particularly described by met.es and bO'unds as follows; COMMENCmG at. the common Nertheast corner of said called 4.081 acre tract and Nerthwest cerner ef a called 1.103 acre tract. ef land conveyed to' Bulleugh/Lykes Office Building NO'. 1, L. P. en June 11, 1995 and recerded in Volume 98115. Page 03999 ef said Deed Recerds, said called 1.103 acre tract being all of "Lot. 5, Surveyor Addition, Addison West Industrial Park-, an addition to' the Tewn ef Addison, as evidenced by the plat dated February 7, 1979 and recerded in VO'lume 79053, Page 0620 ef said Deed Records said cerner being in the' prepesed North right of way ::'::.ne ef Arapaho Read and the South right ef way line ef a 100 :00':: wide railroad right ef way as cenveyed to' Dallas Area Rapid ':'ransit Preperty Acquisitien Cerporation on December 27, 1990 and recerded in Velume 91008, Page 1390 ef said Deed Recerds; THENCE, SOUTH 00006'OS-WEST (called South 'OOOOS'OS" West), departing said lines and aleng the cermncn East line ef said called 4.0S1 acre tract and West line ef said called 1.103 acre tract, a distance ef 76.95 feet to' a peint in the prepesed South :::l.ght ef way line ef ArapahO' Road for the Nertheast corner and POINT OF BEGiNNING of the herein described tract; THENCE, SOUTH 00006'OS-WEST centinuing aleng said cormncn llone, a distance ef 40.00' to' the mest -Easterly Seutheast cerner ef the herein described tract; Page 1 of 3 PARCEl.. l1-TE -AAAl?AHO ROAD PROJECT THENCE, NORTHB9°5B'49" WEST, 􀁤􀁥􀁰􀁡􀁾􀁩􀁮􀁧􀀠said common 􀁾􀁾􀁾􀁥􀀬􀀠a 􀁤􀁾􀁳􀁴􀀺􀁡􀁮􀁣􀁥􀀠of 180.55 feet: t:o t:he point: of curvature 0: a cange::: curve eo t:he left; THENCE, SOUTHWESTERLY, along the arc of said. curve ::0 t.he lefe having a rad.ius of 77B.00 feet, a central angle of 15°5B'34", a chord bearing South 82°01'54" West a distance of 216.23 feet:, for an arc d.ist:ance of 216.93 feet to an angle poine; 􀁲􀁲􀁾􀁃􀁅􀀠SOUTH 89°51'04" WEST, a dist:ance of 57.S0 feee t:o a 􀁰􀁯􀁾􀁾􀁴􀀮􀀠for corner; THENCE, SOUTH 00°24' 42" EAST, a distance of 18.80 feet: t:o ::he point: of curvat:ure of a non-tangent curve to the left:; 􀀷􀀮􀁾􀁅􀁎􀁃􀁅􀀬􀀠SOUTHWESTERLY, along the arc of said. curve to t:he left: having a rad.ius of 778.00 feet, a central angle of 01°56'00", a chord bearing South 68°36'19" West a d.istance of 26.25 feet:, :or an arc d.ist:ance of 26.25 feet to an angle point; THENCE SOUTH 00·05'59" WEST, a distance of 109.96 feet: t:o t:he mose Sou::herly Sou::heast: corner of the herein described t:ract:; TE:::NCE SOUTH 89"26' 35" WEST, a distance of 27.71 feet t:o ::he sou::hwest: corner of t:he herein described tract and. being in t:he common West: line of said. called 4. 081 acre t:rac:: and. East: line c: a 􀁣􀁡􀁬􀁾􀁥􀁤􀀠137,968 square foot: t:ract: of land. conveyed to 􀁐􀁵􀁢􀁬􀁾􀁣􀀠Seorage of Dallas, LTD. on June 13, 1978 and. record.ed. in Volume 78:15, Page 3018 of said Deed. Record.s, said. called 137,968 square foot tract: being all of Lot 1, of t:he Wat:son and. Taylor 􀁓􀁵􀁢􀁤􀁾􀁶􀁩􀁳􀁩􀁯􀁮􀀬􀀠an add.it:ion to the Town of Acidison, .as evidenced by the plat dat:ed March 31, 1978 and. record.ed in Volume 78082, Page 889 of said Deed Record.s; THENCE, NORTH 00°33'49" WEST (called. Nort:h 00°26'30. West:),' along said common line, a distance of 141.29 feet to a 􀁰􀁯􀁾􀁮􀁴􀀠􀁾􀁮􀀠􀁳� �􀁾􀁤􀀮􀀠proposed South right of way line of Arapaho Road., being in a non-tangen:: curve to the right:; THENCE, NORTHEASTERLY, d.eparting said. common line, along said. proposed South right of way line of Arapaho Road. and the arc of said curve to ::he right haVing a radius of 818.00. fee::, a cen::ral angle of 23 0 27'04", a chord bearing North 78°17'39" East a dist:ance of 332.48, for an arc distance of 334.81 feet; .. PARCEL 12-TE -" ARAPAHO ROAD PRDJ'EC'!' THENCE, SOUTH 89°S8'49H EAST, concinuing along said p=oposed 􀁓􀁯􀁵􀁾􀁨􀀠=ight of way line, a distanoe of 180.61 feet to che POINT OF BEGINNING; CONTAINING an area of 0.5291 acres or 23,049 square feet of land within the metes recited. All bearings are referenced to the North Right of Way line" of Centurion Way, called S 89°51'55" E, according to the final plat of Lot 3, Surveyor Addition, recorded in Vol. 77173, page 135, Deed Reoords of Dallas County, Texas. A plat of even survey date herewith accompanies chis desc=iption. : , Ayub R. Sandhu, a Registered Professional Land Surveyor, hereby oertify that the legal description hereon and the accompanying plat represent an actual survey made on the ground unde= my supervision. 􀁾/􀁾...ec 􀀬􀁾􀀭􀀧􀁉􀀭􀁣􀀺􀀺􀁳􀀠2Ayub R. Sandhu, R.P.L.S. Texas Registration No. 2910 l Xlllni T "8"-􀀬􀁾􀀭􀁾---'----􀀢􀁾􀁾􀁾􀀽􀀠---@6\ 􀁾􀁯􀁾􀀭􀁾􀁮􀁲􀁭􀁄􀁬􀁳􀀠SIBDI"mv FEASE::: 'lI' G 􀁾􀀠o j 􀀧􀀬􀁾􀁾􀀠--L-----C-----􀁾---_6\ -!;..il23 ,-􀁾􀁰􀁾􀁳􀀠ARE A lIA1'11l m.\llS11· . .. 5, "!'1:41'1"""􀁾􀀢􀀧􀁾􀁩􀀺􀀼􀁉􀀠PRoPERTY A«;OASIllOH COAPOIIAnlJH PROPOSED ARAPAHO ROAD j-I!II!!hoo' R.O.•. , 5<}' DRAlN'Of: a'AHN£l 8􀀡􀁉􀁬􀁩􀀧􀀺􀀺􀁬􀁾􀁾D£tlIiSU 27, '1110 . EASEUEN! 􀁾􀀠. ..}., 􀀱􀁾􀁏􀀠VOL 8100II, Po. qllO , \' '. _u 􀁾􀀠• D.R.P,C,T, S U'lIII'U' £ _ 1110.1" . , 􀁩􀁾􀀠{ -.---,-. . , -..-, .... _--􀀭􀀧􀀭􀀧􀀭􀀧􀀭􀀭􀁾􀀭􀁾􀀬􀀠cs Ina'u·. -1.o.ii5" 􀁾􀁲􀀬􀁾5 1:1 (eAUlD 10cnWaI' .. 􀁾􀀡􀀡􀀡􀁾􀀠lOI J $ 00'01'01/' I .An;OH AND TA"'OII CAllED .,011 AI:. 4O,oa11.80' 􀀮􀀭􀀭􀀭􀁾􀀬􀀭􀁟􀀭􀁟􀁓􀁕􀀸􀁬􀁬􀁍􀁓􀁉􀁏􀁎􀀠HO. a􀁾􀀠I'\JIIUC SlllIIAGE f»'SEPlEliaU 12. 117. GAllAS, LlII. VClL 78110, pc, oeu OClllllER .s, I'"§'lil, 􀁾􀀠b II,R,D.C,T. VClL 711111, Po. lIla .. 􀁾􀁉􀀠)j --_..... -sanna" E D.R.D,C.T. lUG" 􀁩􀁾􀀧􀀠I I§ 􀁉􀁾􀀠I􀁾􀀠 HOU:S: All EAS£UEHlS SHOWH ARE TAI<£H f111l1.1 !HE PlAn; _CAlEO IlERE/lH. lfE SUR\I£YOR.1lIO HOT Aasm'''T \HE SUB.ECI PROPERTY SO ALL EASEIiENn; WAY HOT BE SHowH. A LEGAL DESCRIPtION Of E""'" SUR1of:Y OAlE HEREWIIIt ACCIlI.IPNIIES nils PUT. 0.5291 IN THE P,O.C. 􀁾􀀬􀀠P.O.D. CALU:D I.IOJ AI:. IIUU.ClUQIII.\IIOS DF"fICf: II.kJlIN(J 'IlO. 􀁉􀀧􀁾􀀮 JJN£ II. 11M YIL .".. Po.!I,U.C.T. T li _lION. InT AI. PAlIN Y 7, "" ,J, PO, 0820 .D.C,T. PARCEL 12-IE A PlAT Of A ACRE (23,049 SQ. fT.) TRACT Of' LAND OA\10 MYERS SURVEY ADS TRACT NO. 923 S Inl'JI' • TOWN Of ADOISON DALLAS COUNTY, IE liAS 21.71' 50 o 25 50• OEHOlE$ A FClt.1ND POINT AS INDICATED .... _.... 100 • DENOIES A SIB' IIIIJH ROO SE I UNtE5S on,ERWISE NOIED --PROPOSE" Atllm Of .AY tiNE GRAPHIC SCALE I INCH = 50 n, Parcel 13-TE Field Note Description Arapaho Road Projece Town of Addison Dallas County, Texas BEING a description of a 0.4361 acre (18,995 square root) crace of land situated in the David Myers Survey, Abstrace 􀁎􀁵􀁾􀁾􀁥􀁲􀀠923, Town of Addison, Dallas County, Texas, and being a 􀁰􀁯􀁲􀁥􀁾􀁯􀁮􀀠0: a called 137,968 square foot tract: of land conveyed co Public st:orage of Dallas, LTD. on June 13, 1978 and recorded in Volume 78115, Page 3018 of the Deeci Recorcis of Dallas Count:y, Texas, said calleci 137,96B square foot tract being all of Lot: 1, 0: ehe Waeson and Taylor Subdivision, an acidition to t:he Town of Adciison, as evicienced by the plat c:iated March 31, 1978 and recorded in Volume 7BOB2, Page B89 of saici Deeci Recorcis, said C.4361 acre tract: of land being more part:icularly described by met:es and bouncis as follows; COMMENCZNG at a point being the common Nort:heast corner of said called 137,968 square foot tract anci Northwest corner of a called 4.081 acre tract of lanci conveyeci to Public Storage of Dallas, LTD. on October 3, 1979 ana recorcied in Volume 79196. Page 3188 of saici Deeci Re:::ords, saici called 4.081 acre t:race 􀁢􀁥􀁾􀁮􀁧􀀠all of Lot 3, of the Watson and Taylor Subciivision No.2. an addit:ion to t:he Town of Aciciison, as evidenceci by t:he plat: da:ed September 12, 1979 anci recorcieci in Volume 79180, Page 0888 of 􀁳􀁡􀁾􀁤􀀠Deed Records; :'2E:NCE, SOUTH 00°33'49-EAST (calleci South 00°26'30" East), along the common East line of said calleci 137,968 square foot: trace and West line of said calleci 4.081 acre tract, a distance of 146.53 feet t:o a point in t:he proposed South right: of way :!.ine of Arapaho Roaci for the Nort.heast:. corner and POZNT OF BEGZNNJ:NG of t:he herein described tract; 7?ENCE, SOUTH 00°33'49-EAST (calleci South 000 26'30. East:) , continuing along saici common line, a ciistance of 141.29 feee to the Sout.heast:. corner of the herein ciescribeci tract; THENCE, SOtn'H 89°26' 35-WEST, a ciistance of 156.19 feet t.o an angle point; THENCE, SOUTH 53 0 39'46-WEST, a distance of 19.61 feet t.o an angle point; THENCE, SOtn'H 89°39'59" WEST, a ciistance of 3.80 feet to an angle point.; Page 1 of 3 PARCEL 13-TE -ARAPAHO ROAD PROJECT THENCE, SOUTH 00°18' 38-EAST, a dist:.ance of 2. 77 􀁦􀁾􀁥􀀺􀀠co ar: angle point:; THENCE, SOUTH 560 50'32'" WEST, a dist:.ance of 58.96 feet:. t:.o t:.he Sout:.hwest:. corner of the herein described tract, said corner being in the common West line of said called 137,968 square foot:. tract and East line of a called 2.20 acre tract of land conveyed t:.o t:.he Cit:y of Addison on June 28, 1977 and recorded in Volume 77135, Page 15S1 of said Deed RecorOs; THENCE, NORTH 00°27'52-WEST (called North 00°26'30' West), along said common line, a distance of 47.53 feet to a point in said proposed South right of way line of Arapaho Road; THENCE, NORTH 560 50'32-EAST, a distance of 31.95 ,feet 1:0 a point' THENCE, NORTH 53°39'46-EAST, a distance of 130.54 feet to a non-tangent curve to the right; THENCE, NORTHEASTERLY, along the arc of said curve to t:.he right having a radius of slIi. 00 feet, a central angle of 07°15' 29", a chord bearing North 62°56':22'" East a distance of 103.55 feet:., for an arc d1stance of 103.62 feet to the PCrRT 􀁃􀁾􀀠􀁂􀁂􀁇􀁚􀁾􀁎􀁇􀀻􀀠CONTAINING an area of 0.4361 acres or lS,995 square feet of land wi:hin :he metes recit:ed. • Page 2 of 1 PARCEL l.3-TE -ARAPAHO R.ClAD PROJECT •All bearings are referenced co the Nonh Right: of Way :::.ne c: 􀁃􀁥􀁮􀁾􀁵􀁲􀁩􀁯􀁮􀀠way, called S 89°51'55" E, according co che final plat: of Lot. 3. Surveyor Addit:ion, recorded in Vol. 77173, Page 13:;, Deed Records of Dallas Councy, Texas. A plat of even survey dace herewich accompanies ::his description. !, Ayoub R. Sandhu, a Registered Professional Land Surveyor, hereby cert:ify t:hat: t:he legal description hereon and che accompanying plat represent: an actual survey made on che ground under my supervision. 􀁾􀁋􀀮􀁾j.t:J-'Jj-"'z,. AYub R. Sandhu, R.P.L.S .. Texas Regist:ration No. 2910 􀀮􀁾􀀧􀀮􀀠Page 3 of 1 _-EXHIBIT "B" 􀁾􀀠" F1. 7 'C: A""'c􀁉􀁉􀁾􀀠'--.KI W""R ' ..OUH 􀁾􀁐􀀮􀁯􀀠I(, ",􀁐􀁦􀁴􀀨􀁦􀁴􀀱􀁬􀀺􀁊􀁾􀁉􀁾􀁾􀀠-C----X. _tI , , -(tOO' flU) 1IOH, ' , ' I. , c:l1lllE.. 17, "1110' ',. 5Q' IIRAlNAilt CHANNEL 􀁾I􀀡􀀧􀁏􀁏􀁉􀁉􀀬􀁾􀁉􀀧􀁉􀁉􀀮􀀠,JIG., '1 II ±'£AS£WENI.fIla. ....'. 'I,'􀁾􀀠)*'-f \ • .,..... • ,..... ,. I I "j ,. I 􀁾􀁄:7,::􀁳􀁾􀂷􀀠" 􀁾... 􀁩􀀧􀁾􀁄􀀺􀀱􀀠. I I. \ I'UIIU!: slllAAGt: or ' . , " 􀁾􀁯2.10 J\C. ".' . IMilAs, LIP,• " a ",Qf!Ill. 117. I ."or _KIf• 211. 1177 :' oJ'􀁾􀀬􀁾􀁾􀁲􀁲􀀮􀀧􀀠I!MII '. (' /1\, :.... ;. at • f'••If" 􀁩􀁾􀀠I " III,' ,., f""i '/Ill. 71111. I'll. 3011 IDJlIIY 􀁊􀁾􀀠W'l'I' tI! ! .;r-: L. -..r; I ... .. iii .OR s en"3$' • 1 1511.11' NOltS: 􀁾􀀮􀀠1i ". . 􀁾􀀠I 1 DAVID !iiYIliRB BUnVIEY "A-til ....􀁾􀀠---. _. lOI J IAISON AND 1AYlOR SIlIlOl\1SiON NO. 2 S£P1E!IDER Il. lUI '/Ill. 11180, PC. OUIi D.A.D.C.l. 􀁾􀁕􀁄􀀠4.1MI1 IIC, PII1!UC S lORNlE or DAUAS. lIP. OCIOIlU l. 117' '/Ill. 711H. PO. JIM D.A.D.C.I, PAllCr.!. 13-IE A PIAl Of ". 􀁏􀀮􀁾􀁊􀀶􀀱􀀠ACRE (18,995 SQ. r I) IRAC I Of I.A' A' m All EAS[Io4[NfS SHO." ARE tAKEN fllOM tHE PtAtS IttQICATtO (tAlJLO PiOOU'.50") , f '.,0; t If I' 􀁾􀀠'\ IN IIIE OAVIll MYf 􀁒􀁾􀀠SUR'" Y", ., , ••"',1 /..,£.1 􀀮􀁾HEREON, ruE 􀁓􀁕􀁒􀁾􀁙􀁏􀁒􀀠DlD 1101 A8sm'C! ruE SU9£C! N OO".!T52' • l ,,' 􀀮􀁾􀀱􀀠􀀩􀁾􀀢􀀠\ ABS IRACI 1m n IPROPERlY $0 ALL tASEUEHTS YAy NOl BE SHOWN. 47.5.]' , . 10WN or 1101)1';011 "1' f. /I"IUt.j ,i'Ail BEAAINCS AM REFtR[NCEtt 10 UtE HOfUH RICHt or WA1 DALLAS COUIII Y, II. XilS LINE or 􀀨􀀺􀁛􀁎􀁲􀁵􀁦􀁻􀁬􀁾􀀠WAY, CAlUO S 􀀸􀀹􀂷􀀵􀀱􀀧􀀵􀁾􀂷􀀠E, ACCQROlHG 10 DE NO n: s It rOUNO POIH' AS tHOle" It 0 , , •• 1':,0 .. ., .'THE flNM. PLAt or lOt l. SUR'ttt:yQR AODJUON, AECORDED IN Of NO If 5 A 5/ft"' IftON ROO Sf' UNlE S5 . , 60 0 􀀮􀁾􀁮􀀠fiO 11" VOl 71t11. PAC[ 135. D,R DC,', ' OIIlER'ISE NOItO " , -. ---PRoPOsr () RIGHI or WAY tlN£ 􀁾􀀠J 1 -I A 1£(;4l O[SCl'tlflnON Of [VEN SUR\I'(Y nAir 'flEAr_11lI "".,.,(.j X 􀁾􀁾􀀮􀀬􀀬􀀧􀀨􀀩􀀠f;HAI'IIlC l(ftl!.ACCUMP ANIE S lHiS PtA I /;"" )1-,,7 • )I"" • EXHIBITC TO TEMPORARY CONSTRUCTION EASEMENT In connection with the Roadway Improvements and the construction thereof and the use of the Easement and Easement Area by Grantee: 1. Structures located on and within the Easement Area and identified as "Structures to be Demolished" on the drawing attached hereto as Exhibit C-l (prepared by HNTB and dated January, 2003, and herein referred to as the "Demolition Plan") will be demolished and removed in their entirety. 2. Structures located on and within the Easement Area and identified as "Structures to be Partially Demolished and Modified" on the Demolition Plan will be partially demolished and modified. With respect to such structures, Grantee will reconstruct and modify, with proper engineering, such structures in accordance with the Demolition Plan. 3. Following the demolition and removal of the Structures to be Demolished, all metal "clips" from existing concrete pavement will be removed. 4. Existing concrete pavement within the Easement Area will be protected, and any ofsuch concrete pavement damaged by the construction will be restored to an equivalent design strength and thickness. In addition, after the demolition and removal of any storage unit Structures as described above in paragraphs 1 and 2 ofthis Exhibit C: (a) except as provided in subpart (b) below of this paragraph 4, the edges of concrete pad sites on which such Structures were placed will be smoothed off by the grinding of such edges (see attached Exhibit C-3); and (b) at three (3) locations along the northern line of such Structures, an approximately one foot vertical differential exists between the existing pad site and the abutting concrete drive, and at such locations (to be specifically identified at the site by Grantee's engineer) a concrete ramp will be constructed (see attached Exhibit C-4) adjacent to each grade variation, with the result that there will be a smooth sloped transition for motor vehicle access to and from the pad site area and the abutting concrete drives. It is anticipated anticipated that the work described in this paragraph 4 shall be performed during the construction of the Roadway Improvements. 5. Yl.!ill (a) A security wall or barrier constructed generally of masonry material (such as stone, brick, concrete, hollow-tile concrete-block, gypsum-block, or other similar building units or materials or a combination of the same) and iron at least eight (8) feet in height (the ''wall'') (together with a security gate as indicated on the drawing attached hereto as Exhibit C-2 and referred to herein as the "Drawing") shall be constructed in accordance with the standards of the Town of Addison. Such wall shall be constructed on and within the Easement Area in the approximate location as shown on the Drawing. The elevation and design of the wall shall be Exhibit C to Temporary Construction Easement Page 1 of3 submitted by the Town ofAddison to Grantor for Grantor's review and reasonable approval prior to construction. In the construction of the wall, Grantee will remove and replace any existing concrete pavement related to such construction. (b) Upon the final completion of the wall and the acceptance thereof by Grantor and Grantee, Grantee (or Grantee's contractor) shall maintain the wall for a period of time set forth in a maintenance bond obtained by Grantee from its contractor, but in any event not less than one (1) year (the term of such bond being the "maintenance period") from such completion and acceptance. During the maintenance period, Grantee (or its contractor) shall have the right and an easement (and Grantor hereby grants and conveys such right and easement) to use as much of the surface of the Easement Area or other property owned by Grantor that is adjacent to the wall (the "maintenance easement area") as may be reasonably necessary from time to time for Grantee (or its contractor) to maintain the wall; provided, however, that except in the case of an emergency, Grantee (or its contractor) shall give Grantor at least seventy-two (72) hours written notice prior to coming onto the maintenance easement area for maintenance purposes. SUCH MAINTENANCE OBLIGATION AND MAINTENANCE' EASEMENT SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS TEMPORARY CONSTRUCTION EASEMENT. (c) Upon the expiration of the maintenance period, Grantor, its successors and assigns, shall be responsible and provide for the upkeep, maintenance, and repair of the wall (including, without limitation, any reconstruction or replacement of the wall) and shall keep the wall in a good and safe condition. In connection therewith, Grantor (or its contractor) shall have the right and an easement (and Grantee hereby grants and conveys such right and easement) to use the public right-of-way located immediately adjacent to the wall (the "right-of-way easement area") as may be reasonably necessary from time to time for Grantor (or its contractor) to provide for the upkeep, maintenance, and repair of the wall; provide, however, that Grantor (or its contractor) shall give Grantee at least seventy-two (72) hours written notice prior to coming onto the right-of-way easement area for such purposes. THIS OBLIGATION OF GRANTOR TO PROVIDE UPKEEP, MAINTENANCE AND REPAIR OF THE WALL IN A GOOD AND SAFE CONDITION FOLLOWING THE EXPIRATION OF THE MAINTENANCE PERIOD SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS TEMPORARY CONSTRUCTION EASEMENT AND SHALL CONSTITUTE A COVENANT RUNNING WITH THE STORAGE PROPERTY AS DESCRIBED IN EXHIBIT A TO THIS TEMPORARY CONSTRUCTION EASEMENT. 6. "Hazardous Materials" means and includes those elements or compounds which are contained in the list of Hazardous Substances adopted by the United States Environmental Protection Agency and the list of toxic pollutants designated by Congress or the Environmental Protection Agency, and any flammable substances, explosives, radioactive materials, hazardous waste, toxic substances, pollutants, pollution or related materials regulated under any Environmental Laws. "Environmental Laws" means any federal, state, or local laws, ordinances, orders, policies, rules, standards, or regulations (and including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act, the Superfund Amendment and Reauthorization Act, the Resource Conservation Recovery Act, the Federal Water Pollution Control Act, the Federal Environmental Pesticides Act, the Clean Water Act, the Exhibit C to Temporarv Construction Easement Page 2 of3 Clean Air Act, and all so-called federal, state and local "superfund" and "superlien" statutes) governing or regulating the use, storage, treatment, transportation, generation, or disposal of Hazardous Materials. ,... ,.. Exhibit C to Temporru:y Construction Easement Page 3 on 1'iii-'----_.-1-·hi ., ;, " " ,I " ---• Exhibit C-l I) .! 􀁾􀁵􀁯􀀮􀀠t I,. \' 􀁾􀀺􀀮􀀮􀀺􀀡􀀡􀁾􀁾􀀡􀁟pH' 'ttl .( .1" 1>' Ii 􀁾􀀠S Ill! ulJbftll • I , tv 􀁤􀁾􀀢􀁾􀁮_______________________________________________-, N ::UUlHlNpFr'. 􀁉􀁉􀁈􀁉􀁉􀁉􀁉􀁉􀁉􀁉􀁉􀁉 􀀧􀁕􀁕􀁴􀁵􀁕􀁕􀁈􀀬􀀮􀁉􀁴􀀢􀀧􀁮􀁕􀁕􀁈􀁴􀀢􀀬􀁾􀁮􀁭􀁕􀁬􀁭􀁰􀁴􀁴􀁬􀀱􀁬􀁮􀁭􀁵􀀮􀁕􀁮􀁮􀀮􀁵􀁵􀁴􀁕􀁭􀀮􀁴􀁴􀁕􀁭􀁭􀁵􀁴􀁕􀁉􀁕􀁕􀁬􀁬􀁦􀀮􀁵􀁮􀁴􀁭􀁴􀁴􀁕􀁕􀁕􀁬􀁭􀁊􀁬􀁵􀁴􀁕􀁉􀁉􀁉􀁉􀁾􀁭􀁊􀁕􀁉􀁉􀁉􀁬􀁉􀁬􀀱􀁕􀁕􀁬􀁬􀁴􀀢� �􀁵􀀮􀁕􀀠, .. 'D.-llAS NlEA RN'ID tRANSit ' !I _PRCf'ER TY ACQUISIIIOtI CmPDRAllOtl -" 􀀭􀁲􀁾􀁾􀁾􀀭􀀭􀀺􀀺􀀺􀁔􀁩---􀁾􀁾􀀬􀀺􀀩􀀭􀀺􀁲􀀻􀀺􀁯􀀢􀀧􀀮􀁾􀁊􀀺􀀺􀀮􀀮􀀭􀀺􀀺􀀻􀁮􀀻􀀺􀀺􀀬􀀬􀀢􀀭.......􀀮􀀮􀀮􀀬􀀧􀁴􀀮 􀀺􀀢􀀧􀁉􀁉􀁲􀀧􀀺􀁡􀀧􀁕􀁾􀀢􀀧􀁾􀁟􀀢􀀢􀀧􀀺􀁉􀁉􀀺􀀺􀀢􀁓􀀮􀀭􀀭􀀽􀁾􀀺􀀺􀀢􀁾􀀺􀁌􀀭􀀽􀀭􀀽􀁴􀁾􀁾􀀮􀀮􀀺....-=-= r--􀁾􀀠--..:'=--=t.! --\.# PAACEl II I I 􀁐􀁁􀁁􀁃􀁾􀁬􀀠12 .. --• -........ -• '" ..... : ... : ----, . 􀁾􀀠-------n ___ -----_______,,___ 􀀭􀀭􀁾􀀭􀀮􀀭􀀭􀀭􀀭􀁲􀀺􀀺􀀠􀀺􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀁾􀀭􀁾____._______ _! . ' ___:,..􀀺􀀺􀁾􀀺􀀮􀁾􀀮􀀢􀀺􀀺􀀧􀁁􀁒􀁾􀁏􀀧􀁩􀁏􀁁􀁢􀀢􀀠􀀺􀀬􀁩􀂷􀂷􀀻􀀢􀀭􀀺􀂷� �􀁾􀀬􀀭􀁩􀀺􀁾􀀠􀁾􀁉􀀺􀀠11--' 􀀭􀀭􀀭􀀭􀀮􀁾􀀺􀀺􀀮􀁾􀀻􀀭􀀭􀀺􀀺􀀬􀁾􀁾􀀮􀁾􀁾􀀭􀀽􀁾􀀭􀀺􀁾􀁾􀁾􀁾􀀺􀀭􀁾􀀭􀁾􀁟􀁃􀀠􀀽􀀺􀁾􀀺􀀺􀀺􀁲􀀺􀁾􀁾􀁾􀂣􀁾􀁾􀁾􀁾􀁾􀁾􀁾􀁾􀁾􀁌􀀠􀀧􀁾􀁾􀁾􀀭􀁾􀁍􀁻􀁛􀁾􀀭􀀺􀁾􀁉􀀽􀀭􀀭􀁉􀀭􀀭􀁉fj /111 􀁾.., __..-,, .r' I --\---PRCf'OSED :. l· PRCf'OSEOII: I· j' ,I, r----SECURITY fEHC£ 'I ' SECURITY Ii "M" t l'< 'I'1:1'-., Atlil PRa'ERlY LINE :' I rENCE/'i . -/.' I I ,.! UHIIS (f' lHf'DRAAY " • _ ,/'A '. \ • . • CONSTRUCTlOtl EASH£IH !I :f OUllWGH I l YKi ' . . " ':I'll I ,: I I ! ,; (f'FICE BUILOING i , , 􀁾􀁉PRa'OSED 'I 'nt«>, !.l.P. II . l.I I ISECURITY GAlE '41'Ff!---r -_"'_.,= 1-i_. \ i I puru (: S TOllAGE C. OAll AS. liD. -Anf)blS()N S I OR AGE rACII IT Y l.eE .L.􀀻􀁉􀁾􀀧􀁲􀁮􀀻􀀺􀀺􀀺􀀽􀀭0<.􀁾􀁉􀀺􀁁􀁉􀀠t : 1" um'."------..-----.---_ ... ----... ---,,II 􀁾􀀠u ... .Q... ii w -􀁾􀀧􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭I WIDTH OF STORAGE UNIT • I DETAIL 2 BUILDING SLAB DETAIL NO SCALE: ADDisON Exhibit C-3 t-#4 SMOOTH /DOWEL BARS SAW CUT AND {PROPOSED .1 (j) 18" O,C, REMOVE 24" X 2" CONCRETE KEYWAY .' ,'.''.• , : ,12" { . .,.".'; 􀂷􀀧􀂷􀁦􀀮􀁔􀂷􀀻􀀮􀀺􀁌􀀺􀀺􀀧􀁾􀀺􀂷􀁲􀀺􀂷􀁬􀀺􀀠;' :', ,'; 􀁾􀁾/·T. I I ... ! I· DET AIL 1 BUILDING FOUNDATION RAMP NO SCALE ,g Exhibit C-4 EXHIBITD TO TEMPORARY CONSTRUCTION EASEMENT 1. Standby fees, taxes and assessments by any taxing authority for the year 200_, and subsequent years, and subsequent taxes and assessments by any taxing authority for prior years due to change in land usage or ownership, but not those taxes or assessments for prior years because of an exemption granted to a previous owner of the Easement Area under Section 11.13, Texas Tax Code, or because ofimprovements not assessed for a previous tax year. 2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments, or protrusions or any overlapping of improvements. 3. [Schedule B exceptions to title policy] Exhibit D to Temporary Construction Easement EXHIBITE TO TEMPORARY CONSTRUCTION EASEMENT ·4.1 Seller's Representations and Warranties. Seller makes the following representations and warranties: (a) Seller has the full right, power, and authority to sell and convey the Property and the Easement Area as provided in this Contract and to carry out Seller's obligations hereunder, and all requisite action necessary to authorize Seller to enter into this Contract and to carry out its obligations hereunder has been, or by the Closing will have been, taken; (b) Seller has not received notice from any govermnental or quasi-govermnental agency requiring the correction of any condition with respect to the Property or the Easement Area, or any part thereof, by reason of a violation of any federal, state, county or city statute, ordinance, code, rule or regulation or stating that any investigation is being commenced or is contemplated regarding any of the foregoing; (c) There are no leases, licenses or other agreements or obligations to which Seller is a party or by which Seller, the Property, or the Easement Area is bound which affect or may affect the Property or the Easement Area or the use thereof by the Buyer; (d) Seller has not itself, and to the best of Seller's knowledge no prior owner or current or prior tenant or other occupant of all or any part of the Property or the Easement Area at any time has used or deposited Hazardous Materials (hereinafter defined) on, from, or affecting the Property or the Easement Area in any marmer that violates federal, state, or local laws, ordinances, orders, policies, rules, standards, or regulations (and including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act, the Superfund Amendment and Reauthorization Act, the Resource Conservation Recovery Act, the Federal Water Pollution Control Act, the Federal Environmental Pesticides Act, the Clean Water Act, the Clean Air Act, arid all so-called federal, state and local "superfund" and "superIien" statutes) governing or regulating the use, storage, treatment, transportstion, generation, or disposal of Hazardous Materials (collectively, the "Environmental Laws") and to the best of Seller's knowledge no Hazardous Materials have been disposed of on the Property or the Easement Area. "Hazardous Materials" shall mean and include those elements or compounds which are contained in the list of Hazardous Substances adopted by the United States Environmental Protection Agency and the list of toxic pollutants designated by Congress or the Environmental Protection Agency, and any flammable substances, explosives, radioactive materials, hazardous waste, toxic substances, pollutants, pollution or related. materials regulated under any ofthe Environmental Laws; (e) No work has been performed or is in progress at, and no materials have been furnished to, the Property or the Easement Area which, though not presently the subject of, might give rise to, mechanics', materialmen's or other liens against the Property or the Easement Area or any portion thereof. thereof. Ifany lien for such work is filed before or after Closing hereunder, Seller shall promptly discharge the same, Exhibit E to Temporary Construction Easement Page 1 of2 (f) Neither the Property nor the Easement Area, nor any part of the Property or the Easement Area, is subject to or the subject of any litigation, or other legal or administrative proceeding to which Seller is a named party, and Seller has no actual knowledge of any facts which might result in any such litigation or proceedings and no actual knowledge of any litigation or other legal or administrative proceeding involving the Property or the Easement Area. Exhibit E to Temporary Construction Easement Page 2 of2 . 􀀼􀁾􀀬􀁜􀀠\ ,􀀧􀁾􀀠.: ) 7 DESIGNATION AGREEMENT This Designation Agreement is executed by the undersigned pursuant to 26 C.F.R. §1.6045-4(e) (5) in connection with the requirements for information reporting on real estate transactions with dates of closing on or after January I, 1991. The undersigned hereby agree as follows: 1. The name, address and taxpayer identification number of the transferor are as follows: Public Storage of Dallas, Ltd.,40l5 Belt Line Road, Addison, TX 75001-4383, Attention: Watson" Taylor Management Company. TIN: 75-16.26180. 2. The name and address of the transferee are as.follows: The Town of Addison, Texas, 5300 Belt Line Road, Dallas, TX 75240-7606, Attention: Mr. Ron Whitehead, City Manager. 3. The real estate transferred is located in the County of Dallas, State of Texas and more particularly described in Exhibit "A" attached hereto and made a part hereof. 4. The name and address of the person designated as the reporting person with respect to this transaction is as follows: Republic Title of Texas, Inc., 2626 Howell Street, loth Floor, Dallas, TX 75204-4064, Attention: Patricia A. Sherman Bruce, Esq., Vice President. 5. The name and address of all other parties to this Agreement are as follows: NONE. It is understood that all parties to this Agreement must retain this Agreement for four years following the close of the calendar year in which the date of closing occurs and that, upon request by the Internal Revenue Service or any person involved in this transaction who did not participate in this Designation Agreement, this Agreement must be made available for inspection. DATED as of the 28 day of July, 2003. TRANSFEROR: 􀁐􀁵􀁢􀁾􀁾􀁣􀀠Storage of 􀁄􀁡􀁾􀁾􀁡􀁳􀀬􀀠Ltd., a Texas limited partnership By: Watson & Taylor Management, Inc., a Texas corporation, its sole general partner 􀁾􀁾􀁾􀁥􀀺􀀱􀀱􀀺􀀺􀁡􀁾􀁊􀀬􀁾 Title: President TRANSFEREE: Town of Addison, Texas By:Nam-e-:-=R-o-n-::-W:7h""'i:-:t-e-;h-e-a-d-:: City Manager DESIGNATED PARTY: 􀁒􀁥􀁰􀁵􀁢􀁾􀁩􀁣􀀠􀁔􀁩􀁴􀁾􀁥􀀠of Texas, Inc. 􀁂􀁙􀁾􀀧􀁴􀀻􀀻􀀼􀀺􀀠tJ. ely-Name: Patrie A. Sherman Bruce Title: Vice President 2 Exhibit A TRACT 1: BEING a description ofa 1.0855 acre (47,282 square foot) tract ofland situated in the David Myers Survey, Abstract Number 923, Town ofAddison, Dallas County, Texas, and being a portion of a called 4.081 acre tract ofland conveyed to Public Storage of Dallas, Ltd. on October 3,1979 and recorded in Volume 79196, Page 3188 of the Deed Records ofDallas County, Texas, said called 4.081 acre tract being all of Lot 3, ofthe Watson and Taylor Subdivision No.2, an addition to the Town ofAddison, as evidenced by the plat dated September 12,1979 and recorded in Volume 79180, Page 0888 of said Deed Records, said 1.0855 acre tract ofland being more particularly described by metes and bounds as follows; BEGINNING at a 112 inch iron rod found in the proposed North right of way line of Arapaho Road and the South right ofway line ofa 100 foot wide railroad right ofway as conveyed to Dallas Area Rapid Transit Property Acquisition Corporation (herein referred to as DART) on December 27, 1990 and recorded in in Volume 91008, Page 1390 ofsaid Deed Records, said point being the conunon Northeast comer ofsaid called 4.081 acre tract and Northwest comer ofa called 1.103 acre tract ofland conveyed to BulloughlLykos Office Building No.1, L.P. on June 11, 1998 and recorded in Volume 98115, Page 03999 ofsaid Deed Records, said called 1.103 acre tract being all of"Lot 5, Sur:veyor Addition, Addition West Industrial Park", an addition to the Town ofAddison, as evidenced by the plat dated Febnlary 7,1979 and recorded in Volume 79053, Page 0620 of said Deed Records; THENCE, South 00 degrees 06 minutes 08 seconds West (called South 00 degrees 08 minutes 05 seconds West), departing said lines and along the conunon East line of said called 4.081 acre tract and Westline ofsaid called 1.103 acre tract, a distance of78.95 feet to a 5/8 inch iron rod set in the proposed South right ofway line ofArapaho Road; THENCE, North 89 degrees 58 minutes 49 seconds West, departing said conunon line and along the proposed South right ofway line ofArapaho Road, a distance of 180.61 feet to a 5/8 inch iron rod set for the point of curvature ofa tangent curve to the left; THENCE, Southwesterly, continuing along said line and along the arc of said curve to the left having a radius of818.00 feet, a central angle of23 degrees 27 minutes 04 seconds, a chord bearing South 78 degrees 17 minutes 39 seconds West a distance of 332.48, for an arc distance of334.81 feet to a point in the common West line of said called 4.081 acre tract and East line ofa called 137,968 square foot tract ofland conveyed to Public Storage ofDallas, Ltd. on June 13, 1978 and recorded in Volume 781 IS, Page 3018 ofsaid Deed ReCords, said called 137,968 square foot tract being all of Lot 1, of the Watson and Taylor Subdivision, an addition to the Town ofAddison, as evidenced by the plat dated March 31,1978 and recorded in Volume 78082, Page 889 of said Deed Records; F:\PATRICIAIOpenlZ -Town ofAddlSonI02r!4047IExhibir A (Fees).doc THENCE, North 00 degrees 33 minutes 49 seconds West (called North 00 degrees 26 minutes 30 seconds East), departing said line and along the common West line ofsaid called 4.081 acre tract and East line of said called 137,968 square foot tract, a distance of 146.53 feet to a 5/8 inch iron rod set in the proposed North right ofway line ofArapaho Road and the South right ofway line ofsaid DART railroad, said point being the common Northwest comer ofsaid called 4.081 acre tract and Northeast comer ofsaid called 137,968 square foot tract; THENCE, South 89 degrees 58 minutes 49 seconds East (called EAST), departing said common line and along the common North line ofsaid called 4.081 acre tract, proposed North right of way line ofArapaho Road and South right of way ofsaid DART railroad, a distance of507.75 feet (called 507.71 feet) to the POINT OF BEGINNING; CONTAINING an area of 1.0855 acres or 47,282 square feet ofland, more or less, within the metes recited. All bearings are referenced to the North Right ofWay line ofCenturion Way, called South 89 degrees 51 minutes 55 seconds East, according to the final plat ofLot 3, Surveyor Addition, recorded in Volume 77173, Page 135, Deed Records ofDallas County, Texas. TRACT 2: BEING a description ofa 1.0955 acre (47,722 square foot) tract ofland situated in the David Myers Survey, Abstract Number 923, Town ofAddison, Dallas County, Texas, and being a portion ofa called 137,968 square foot tract ofland conveyed to Public Storage ofDallas, LTD. on June 13, 1978 and recorded in Volume 78115, Page 3018 of the Deed Records ofDallas County, Texas, said called 137,968 square foot tract being all ofLot 1, ofthe Watson and Taylor Subdivision, an addition to the Town ofAddison, as evidenced by the plat dated March 31,1978 and recorded in Volume 78082, Page 889 of said Deed Records, said 1.0955 acre tract of land being more particularly described by metes and bounds as follows: BEGINNING at a 5/8 inch iron 'rod set in the proposed North right ofway line of Arapaho Road and the South. South. right ofway line ofa 100 foot wide railroad right ofway as conveyed to Dallas Area Rapid Transit Property Acquisition Corporation (herein referred to as DART) on December 27,1990 and recorded in Volume 91008, Page 1390 ofsaid Deed Records, said point being the common Northeast comer ofsaid called 137,968 square foot tract and Northwest comer ofa called 4.081 acre tract Qf land conveyed to Public Storage ofDallas, LTD. on October 3, 1979 and recorded. in Volume 79196, Page 3188 ofsaid Deed Records, said called 4.081 acre tract being al1 ofLot 3, ofthe Watson and Taylor Subdivision No.2, an addition to the Town ofAddison, as evidenced by the plat dated September 12; 1979 and recorded in Volume 79180, Page 0888 of said Deed Records; FolPATRlCIA\OpenlZ -Town ofAddison\02d4047\Exhibit A (Fees).doc THENCE, South 00 degrees 33 minutes 49 seconds East (called South 00 degrees 26 minutes 30 seconds East), departing said lines and along the common East line of said called 137,968 square foot tract and West line of said called 4.081 acre tract, a distance of 146.53 feet to a point in a curve ofthe proposed South right of way line of Arapho Road; THENCE, departing said common line and along the proposed South right of way line of Arapho Road the following courses and distances: Southwesterly, along the arc ofa non-tangent curve to the left having a radius of818.00 feet, a central angle of 7 degrees 15 minutes 29 seconds, a chord bearing South 62 degrees 56 minutes 22 seconds West a distance of 103.55 feet, for an arc distance of 103.62 feet to the point oftangency ofsaid curve; South 53 degrees 39 minutes 46 seconds West, a distance of 130.54 feet to an "x" in concrete set for an angle point; South 56 degrees 50 minutes 32 seconds West, a distance of31.95 feet to a point in the common West line of said called 137,968 square foot tract and East line ofa called 2.20 acre tract ofland conveyed to the City of Addison on June 28, 1977 and recorded in Volume 77135, Page 1581 of said Deed Records; THENCE, North 00 degrees 27 minutes 52 seconds West (called North 00 degrees 26 minutes 30 seconds West), departing said line and along the common West line of said called 137,968 square foot tract and East line of said called 2.20 acre tract, a distance of 288.54 feet to a 112 inch iron rod found in the proposed North right ofway line of Arapaho Road and the South right of way line ofDART railroad, said point being the common Northwest corner ofsaid called 137,968 square foot tract and Northeast corner of said called 2.20 acre tract; THENCE, South 89 degrees 58 minutes 49 seconds East (called East), departing said common line and along the common North line ofsaid called 137,968 square foot tract, proposed North right ofway line ofArapaho Road and South right of way line of said DART railroad a distance of225.02 feet (called 225 feet) to the POINT OF BEGlNNING; CONTAINING an area of 1.0955 acres or 47,722 square feet ofland, more or less, within the metes recited. F:\PATRICIA\Open\Z -Town of Addison\02rI4047\Exnibi[ A (Fees).doc ::.' ." .. 8 PUBLIC WORKS DEPARTMENT (972) 450-2871 FAX (972) 450-2837 ® Post Offiee Box 9010 Addison, Texas 75001-9010 16301 Westgrove July 24, 2003 Mr. Tracy Taylor Watson & Tayior Management Co. (Public Storage of Dallas, Ltd.) 4015 Belt Line Road, Ste. 300 Addison, TX 75001 Re: Arapaho Road ProjecVPublic Storage ofDallas, Ltd.lParcels #'s 12 & \J Dear Mr. Taylor: Thc Town of Addison, Texas ("Buyer") and Public Storage of Dallas, Ltd. ("Seller") haye entered into that Contract of Sale dated July 18, 2003 (tht: "Contract") with respect to the sale ot: aad the granting of a temporary easement on, portions ofcertain properties in the Town ofAddison, Dallas County, Texas, generally described as 4015 and 4017 Belt Line Road, and more particularly described inthe Contract. As a c0ndition to 􀁥􀁮􀁴􀁥􀁲􀁩􀁬􀀱􀁾􀀠into the Contract, Seller has requested that Buyer cause its contractors, agents, and/or employees f,) allow Seller and its tenants reasonable access from time to time to the Easement Area (as defined in the Contract) during normal business hours for purposes ofaccessing those storage units otherwise inaccessible due to the fencing to be erected along the boundary of the Easement Area, separating it from the Remaining Property (as defined in the Contract). As an inducement to Seller for entering into the Contract, this letter is to evidence the agreement ofBuyer that it shall direct and cause its contractors, agents or employees to ailow such requested access during normal business hours, and from time to time, in order to accommodate Seller and the tenants ofsuch storage units as would otherwise be inaccessible. Yours very truly, 􀁾􀁥􀀮􀁾􀁾􀀠Michael Murphy Director, Public Works Town of Addison, Texas . .-) 􀀧􀁾􀀮􀀠' :) 9 COWLES & ... ROMPS ONl?5d A Professional Corporation􀁾􀀢􀀢􀀷􀀠1978-2003 AT TOR N E Y SAN 0 e,Q U N S E LOR S JOHN M. HILL 214.612.2110 JHIlL@COWLESTHOMPSON.COM -. /i L. 􀁾􀀮􀀺􀀧􀀭􀁾... July 17,2003 VIA FACSIMILE (214) 855-8848 and REGULAR U.S. MAIL 􀁾􀀱􀁳􀀮􀀠Patti cia ",AA. Sherman BrJce Republic Title Company 2626 Howell Street, lOth Floor Dallas, Texas 75204-4064 RE: Seller: Public Storage of Dallas, Ltd. Purchaser: Town of Addison, Texas Your File #8: 02R14047/SJ7 02R14048/SJ7 Dear Patricia: As you know, the parties have agreed to close this transaction on Monday, July 21, 2003, The Town of Addison will fund the purchase by wire transfer into the Title Company's account pursuant to the wiring instructions you have provided to me. As we discussed over the telephone, the wiring will take place to the account with GF File # 02R14047/SJ7. The Town will also execute and deliver its settlement statement by telecopy with a hard copy to follow by regular maiL I understand from our previous correspondence that your office is preparing updated title commitments and will provide copies ofthose to the Seller and Buyer. The following documents (the "Transaction Documents") either have been or should be delivered to you by July 21; 1. The Special Warranty Deed to be executed by Seller; 2. The Temporary Construction Easement, to be executed by Seller and Buyer, and the Consent ofLienholder to be executed by the lienholder (Colonial Bank); 3. Partial Release of Lien executed by Colomal Bank (so that Paragraph 10 of Schedule' C will be deleted); 901 MAIN STREET SUITE 4(}(}O DALLAS, TEXAS 15202w3193 D ALL A S T Y L E R TEL 214.o72.200G FAX 214.612.2020 wWw.eOWLESTHOMPSGH.C(}M July 17, 2003 Page 2 4. Sufficient evidence of the authority of Seller to act in this matter and the that the person executing the closing documents on behalf of Seller has authority to do so, and that the person executing the Partial Release of Lien and the Consent of Lienholder (in connection with the Temporary Construction Easement) for Colonial Bank has authority to do so; 5. Seller's Affidavit (debts and liens and parties in possession); 6. A "Bills Paid Affidavit" on the Title Cmnpany's standard form; 7. Certification as to Non-Foreign Status executed by Seller; 8. Seller's Settlement Statement to be executed by Seller; 9. Buyer's Settlement Statement to be executed by Buyer; and 10. Other documents the Title Company may require to close this transaction. CLOSING INSTRUCTIONS A. You are instructed to retain the Transaction Documents m escrow until the following matters are satisfied: 1. All of the Transaction Documents have been delivered to you and fully executed; 2. You are prepared to issue a Title Title Policy to the Town of Addison, Texas in accordance with the terms of the Title Committnent(s), provided that: (i) the exception for restrictive covenants Shall be deleted, (ii) the "area and boundary" exception (Schedule B, Paragraph 2) is amended to read "shortages in area" to reflect the payment of an additional premium, (iii) the exception for ad valorem taxes shall reflect only taxes for the then current year and subsequent years and subsequent taxes and assessments for prior years due to change in land usage or ownership, (iv) there shall be no exception for rights of parties in possession or rights of tenants under any unrecorded leases or rental agreements, (v) there shall be no exception for "visible and apparent easements," for "public or private roads" or the like, and (vi) all matters in Schedule C have been satisfied so that none are exceptions. 3. You are prepared to disburse funds in accordance with the approved Buyer's Settlement Statement: B. Once you have satisfied all of the matters set out above, you are authorized and instructed to take the following steps: July 17, 2003 Page 3 1. Disburse funds in accordance with the approved Buyer's Settlement Statement; 2. Record the Special Warranty Deed; 3. Record the Temporary Construction Easement; 4. Record the Partial Release ofLien; 5. Deliver to this office copies ofthe Transaction Documents; 6. Upon recording, return to this office the original Special Warranty Deed, Temporary Construction Easement, and Partial Release ofLien; and 7. Deliver to this office the owner's policy of title insurance when issued. Thank you for your help in this tnatter. Please give me a call ifyou have any questions. Very truly yours, 􀁾􀁾􀁾􀀠 1MHIyjr cc: Mr. Mike Murphy Via Facsimile (972) 450-2837 Mr. Randy Moravec Via Facsimile (972) 450-7096 Mr. Bill Blackburn Via Facsimile (214) 265-7008 Mr. Ken Dippel 􀀨􀁾􀀩􀀠􀀯􀁾􀀠:) . "-'" 10 * \"._, REPUBLIC TITLE OF TExAs, INC. DATE: 07/28/2003 GF NO: 02R14047 SJ7 PURCHASER'S STATEMENT SALE FROM: PUBLIC STORAGE OF DALLAS, LTD SALE TO: TOWN OF ADDISON PROPERTY: 1.0855 ACRE & 1.0955 ACRE, DAVID MYERS SY, ABST. 923, wi TWO TEMPORARY EASEMENTS PURCHASE PRICE: PER CONTRACT (TAXES ARE NOT BEING PRO-RATED) $ 1,583,210:Q.Q.... PLUS: CHARGES Filing fees: $ ________ Partial Release $ _____􀁾􀁾􀁾􀀠 Partial Release $ _______􀁾􀁾􀁾􀀠 Deed $ ____---''-'-'-'= Temporary Easement $ _______􀁾􀁾􀁾􀀠 Fees to the Title Company: $ 􀀤􀀭􀀭􀀭􀁾􀁾􀀧􀀭􀀭􀀢􀀧􀂭Courier $ _____􀁾􀁾􀁾􀀠 Owner title policy $ ___􀁾􀁾􀁾􀁾􀁾􀀠 Survey amendment for owner title policy $ 1,359.75 DISCLOSURE REQUIRED BY ARTICLE 9.53, INSURANCE CODE. $ 1,563.71 TO FIRST AMERICAN TITLE INSURANCE COMPANY $ 8,861.04 TO REPUBLIC TITLE OF TEXAS, INC. $ DISCLOSURE INCLUDES TITLE PREMIUMS PAID BY ALL PARTIES. $ Tax Service to DATA TRACE INFORMATION SERVICES' $ 118.10 $ $----$ $----$---$-----$----$-----$-----$----$----$ $----$----$ $ $ $ $ $ $ TOTAL CHARGES CHARGES $ 10,935.10 GROSS AMOUNT DUE: BY PURCHASER $ 1. 594 , 145.10 LE:SS: CREDITS $----$-----$-----􀀤􀀭􀀭� �􀀭􀂭$ $ $----$-----$ $ $ $ TOTAL CREDITS BALANCE: DUE: BY PURCHASER $ 1,594,145.10 Purchaser understands Che Closing or Escrow Agent huS' assemMed this infolTnaljun representing the transaction tram the best infonnaUon available Crom other sources and Cllnnot guaranlee Ihe accuracy thenot. An)' real e.sfute agent or lender Inyolved may be furnished n copy or this Slatement. Purchaser understands 'hut tux und insurnnce prorations nnd reserves were based on figures for the preceding yenr or supplied by olhers or eslimules for currenl year, and in 􀁬􀁾􀁥􀀠evenl of any change for current year. all 􀁮􀁥􀁣􀁾􀁓􀁓􀁬􀁬􀁲􀁹􀀠adjustments must he made behve.en 'Purchaser und SeHer direct. The undersigned herehy authorizes Closing or Escrow Agent to mnke expenditures ami dishursem.ents: as sllown ullove and approves sume ftlr payment. The 'Undersigned also acknowledges receipt of 􀁌􀁯􀁾􀁭􀀠Funds, if uJlplicnble, in Ihe unum 1\1 shown abuve nnd receip. of If copy of this Statement. . SE:E SIGNATURE ADDE:NDUM ATTACHED. 'BLIC TITLE 􀁏􀁆􀁾􀁓􀀬􀀠INC. --. /-lJr--' " OR ESCROW AGENT ADDRESS -Nole; Inferest on el.isting liens is figured '0 the dale indicated. Ifnot paid by dlen, additional jnterest will nnve 10 be collected llod yonr statement will he adjusted In hii've su(rkient funds to secure release frUnt tile lienhulder. lua. Otpt. 01 frul.lu1"Ict f4U1 Mo. 1·61 GAlf< 􀀰􀀱􀁊􀁴􀁊􀀯􀀲􀁃􀁪􀁏􀁾􀀠liM E, HbS4 M SIGNATURE ADDb.,,,dUM TO PURCHASER'S CLOSING STATEMENT GF NO. 02R14047 SJ7 Seller: Public Storage of Dallas, Ltd. Purchaser: Town of Addison, Texas Pout roperty: 1.0855 acres, more or less, and 1.0955 acres, more of the David Myers Survey, Abstract No. 923, together with or two less temporary construction easements, all in the Town of Addison, Dallas, County, Texas Closing: Monday, July 28, 2003 Town of Addison • By: 􀁾􀁐􀀠l0k:QJ[-c .. --) Printed Name:-ISo";) l.u ". +=cL ... _cJ Printed Title: C.t"T"'l f'..>\ 1'\ ,.., 6. toP e 􀁾􀀠NOTE: TAXES, PER THE CONTRACT, ARE NOT BEING PRO-RATED. SELLER IS RESPONSIBLE FOR TAXES FOR THE YEAR 2003, FROM JANUARY 1, 2003, TO THE DATE OF CLOSING. ALSO, THERE IS NO PAY DOWN REQUIRED ON THE PROPERTY IN THIS TRANSACTION. " <0':,'", •. 11 AFFIDAVIT OF NON-FOREIGN STATUS Section 1445 of the 􀁉􀁮􀁴􀁥􀁲􀁮􀁡􀁬􀁾􀀠Revenue Code provides that a transferee ("Purchaser") of a U.S. real property interest must withhold tax if the transferor ("Seller") a foreign person. To inform Town of Addison, Texas, a Texas municipal corporation, Purchaser, that withholding of tax not required upon the disposition of a U.S. real property interest by the undersigned, Public Sto:rage of Dallas, Ltd., a Texas limited partnership, Seller, the undersigned hereby certifies the following: 1. Seller is not a foreign person, foreign corporation, foreign partnership, foreign trust, or foreign estate (as those terms are defined in the Internal Revenue Code and Income Tax Regulations); 2. Seller's U.S. employer identification number is: 751626180; and 3. Seller's office address is: 4015 Belt Line Road Addison, TX 75001-4383. The undersigned understands that this fication may be disclosed to the Internal Revenue Service by Purchaser and that any false statement contained herein could be punished by fine, imprisonment, or both. Under the penalties of perjury, I declare that I have examined tr.is certification and to the best of my knowledge and belief it is true, correct, and complete, and I further declare tr.at I have authority to sign this document on behalf of Sel and in the capacity shown below. Date July 22, 2003. SELLER: Public Sto:rage of Dallas, Ltd., a Texas limited partnership By: Watson & Taylor Management, Inc., a Texas corporation, its sole General Partner BY: 􀁁􀀮􀁻􀀱􀁦􀀺􀁾􀁔􀀷􀁦􀀺􀀺􀁾􀁬􀁴􀀠SWORN TO AND SUBSCRIBED before me by A. Starke Taylor III on July 22, 2003. i /" 􀀺􀀭􀁾􀀮􀁾􀀧􀀻􀀺􀀺..::.. '. pi.-I"JIGlaA. Shermall 􀁂􀁬􀁬􀀡􀀧􀀺􀀻􀁜􀀮􀁊􀁾􀀠􀁾􀀠􀁻􀀭􀀨􀀬􀀮􀁾􀀨􀁾􀀨􀁾􀁊􀀻􀁩􀁾􀂷􀀪􀁜􀁎􀁯􀁴􀁡􀁬􀁙􀀠PubUc, 􀁾􀁴􀁡􀁴􀁥􀀠o,t Texs.s k 􀁾􀀠:', \ .􀀮􀀡􀀯􀀭􀀢􀀬􀀺􀀬􀁾􀀮􀀯... /My CumrnLSSII},'l exPlras 􀁾􀀠Notary Public, State of Texas.j '" .,.;,..." J ..' AI 'GUST 04 "OOS 􀁾􀀠􀁴􀀮􀀬􀀮􀀺􀁾􀁾􀁾􀁾􀀺􀂷􀀺􀁾􀀮􀁾􀀺􀀺􀀺􀀻􀁾.."..􀀻􀀺􀀧􀁾....􀁾􀁾􀀭􀀽􀀭􀀽􀀬􀁾􀁾􀀡􀀻􀀠My Commission Expires: 7a.7a.ftICi&:. 0. _ Ske",,+v 􀀼􀁝􀁊􀁬􀀮􀁾􀀼􀀮􀀠Notary's Printed Name 12 AFFIDAVIT AS TO DEBTS AND LIENS AND PARTIES IN POSSESSION (ENTITY OWNER) GFNo.: 02R14047/SJ7 (Combined 02R14047/SJ7 & 02R14048/SJ7) SUBJECT PROPERTY: Being two (2) tracts ofland and being part ofLots 1 & 3, ofthe WATSON and TAYLOR SUBDIVISION, the Town of Addison, Dallas County, Texas and together with two (2) exclusive easements, all being more particularly described on Exhibit A attached hereto and made a part hereof for all purposes and also being described in the commitment issued under the above-referenced gfno. OWNER: PUBLIC STORAGE OF DALLAS, LTD., a Texas limited partnership SALE TO: TOWN OF ADDISON, TEXAS STATE OF TEXAS COUNTY OF DALLAS BEFORE ME, the undersigned authority, on this day personally appeared the undersigned Affiant, personally known to me to be the person whose name is subscribed hereto and upon oath deposes and says that: 1. To the best knowledge and belief ofAffiant: a. The charges for all labor and materials that may have been furnished to the property or to the improvements thereon have been fully paid; b. All contracts for the furnishing oflabor or materials to the property or for improvements thereon have been completed and fi.llly paid; c. There are no security agreements or leases affecting any goods or chattels that have become attached, or that will at any later date become attached, to the property or improvements thereon as fixtures that have not been fully performed and satisfied, which are not shown on the referenced title commitment, except the following: SECURED PARTY . APPROXIMATE AMOUNT NONE N/A d. There are no loans of any kind on the property, which are not shown on the referenced title commitment, except the following: CREDITOR 􀁁􀁐􀁐􀁒􀁏􀁘􀁬􀁬􀁤􀁁􀁔􀁅􀁾􀁏􀁕􀁎􀁔􀀠NONE N/A e. There are no brokers that have a signed commission agreement Witll Owner under which a commission is claimed or earned and has not been paid, which are not shown on the settlement statements, except the following: F:\PATRlCIA\Open\Z . Town of Addiscn\02r14047\A.l1idavit . Granlor's for Entity.doc doc CREDITOR APPROXIMATE AtVIOUNT NONE N/A 2. Affiant has no knowledge of a notice of change of use nor has Owner received a notice of change of use by the appraisal district. 3. To the best knowledge of Affiant, Owner is not indebted to the State of Texas for any penalties or wages pursuant to a final order ofthe Texas Work Force Commission. 4. The property is currently being used for the following purposes, which to the best knowledge and belief of Affiant do not violate any restrictive covenants affecting the property: CONTAINS SELF-STORAGE UNITS THAT ARE VACANT AND WILL BE DEMOLISHED. 5. There are no proceedings involving Owner, or notice to Owner of any proceedings, by any agency or authority, public or private, that levies taxes or assessments, which may . result in taxes or assessments affecting the property and which are not shown by the referenced title commitment. 6. There are no Judgments, Federal Tax Liens, or State Tax Liens against Owner and/or the property. 7. (a) All ad valorem and personal property taxes (if any), all "use" type business taxes (if any), and all association! maintenance type taxes or assessments (if any) that are currently due and payable have been paid or will be paid at closing and are shown on the settlement statements. (b) Any ofthe above referenced taxes which are the obligation ofOwner and which have been prorated on the settlement statements are based on information approved by Owner. 8. Owner is the only occupant of the property, except (list any leases, rental agreements or similar agreements): NONE . 9. There are no unrecorded contracts, deeds, mortgages, mechanic's liens, or options affecting the property or improvements thereon. which are not shown on the referenced title commitment, except the following: __________________ 10. No proceedings in bankruptcy or receivership have ever been instituted by or against Owner, and Owner has never made an assignment for the benefit ofcreditors. F:\PATRIC1A\Open\Z 􀁾􀀠Town ofAddison\02r1404Mffidavit 􀁾􀀠Grantors1ol' Entity,doo doo THIS affidavit is made to the PurchaserlLessee and/or Lender and to Republic Title of Texas, Inc., as an inducement to them to complete the above referenced transaction, and Affiant realizes that said PurchaserlLessee and/or Lender and Republic Title ofTexas, Inc. are relying upon the representations contained herein; and Affiant does hereby swear under the penalties of perjury that the foregoing information is true and COITect in all respects, to the best know ledge and belief ofAffiant, and that Affiant is authorized to make this affidavit on behalf of Owner. EXECUTED effective as of22nd day of July, 2003. 􀁾􀁾􀁁􀀠􀁾􀁩􀁒􀀠A. Starke Taylor, III, pr;;ifdZofWatson & Taylor Management, Inc., a Texas corporation the General Partner of of Public Storage of Dallas, Ltd., a Texas limited partnership STATE OF TEXAS COUNTY OF DALLAS SWORN TO AND SUBSCRIBED BEFORE ME on 22nd day ofJuly, 2003, by A. Starke Taylor, III. [NOTARIAL SEAL} Notary Public, State ofTexas F:\PATRlCIA\Open\Z -Town of Addison\02rl4047'1.Ailidavit GraolOr's3or Entity.doc Exhibit A TRACT 1: BEING a description ofa L0855 acre (47,282 square foot) tract ofland situated in the David Myers Survey, Abstract Number 923, Town ofAddison, Dallas County, Texas, and being a portion of a called 4.081 acre tract ofland conveyed to Public Storage of Dallas, Ltd. on October 3,1979 and recorded in Volume 79196, Page 3188 ofthe Deed Records ofDallas County, Texas, said called 4.081 acre tract being all ofLot 3, ofthe Watson and Taylor Subdivision No.2, an addition to the Town of Addison, as evidenced by the plat dated September 12, 1979 and recorded in Volume 79180, Page 0888 of said Deed Records, said 1.0855 acre tract of land being more particularly described by metes and bounds as follows; BEGINNING at a 112 inch iron rod found in the proposed North right of way line of Arapaho Road andthe South right of way line ofa 100 foot wide railroad right ofway as conveyed to Dallas Area Rapid Transit Property Acquisition Corporation (herein referred to as DART) on December 27, 1990 and recorded in in Volume 91008, Page 1390 ofsaid Deed Records, said point being the common Northeast comer of said called 4.081 acre tract and Northwest comer ofa called L 103 acre tract ofland conveyed to BulloughlLykos Office Building No.1, L.P. on June 11, 1998 and recorded in Volume 98115, Page 03999 ofsaid Deed Records, said called 1.103 acre tract being all of"Lot 5, Surveyor Addition, Addition West Industrial Park", an addition to the Town ofAddison, as evidenced by the plat dated February 7,1979 and recorded in Volume 79053, Page 0620 of said Deed Records; THENCE, South 00 degrees 06 minutes 08 seconds West (called South 00 degrees 08 minutes 05 seconds West), departing said lines and along the common East line ofsaid called 4.081 acre tract and West line ofsaid called 1.l03 acre tract, a distance of78.95 feet to a 5/8 inch iron rod set in the proposed South right ofway line ofArapaho Road; THENCE, North 89 degrees 58 minutes 49 seconds West, departing said common line and along the proposed South right of way line ofArapaho Road, a distance of 180.61 feet to a 5/8 inch iron rod set for the point ofcurvature ofa tangent curve to the left; THENCE, Southwesterly, continuing along said line and along the arc ofsaid curve to the left having a radius of818.00 feet, a central angle of23 degrees 27 minutes 04 seconds, a chord bearing South 78 degrees 17 minutes 39 seconds West a distance of 332.48, for an arc distance of334.81 feet to a point in the common West line ofsaid called 4.081 acre tract and East line of a called 137,968 square foot tract ofland conveyed to Public Storage ofDallas, Ltd. on June 13, 1978 and recorded in Volume 78115, Page 3018 ofsaid Deed Records, said called 137,968 square foot tract being all of Lot 1, ofthe Watson and Taylor Subdivision, an addition to the Town ofAddison, as evidenced by the plat dated March 31, 1978 and recorded in Volume 78082, Page 889 of said Deed Records; TIIENCE, North 00 degrees 33 minutes 49 seconds West (called North 00 degrees 26 minutes 30 seconds East), departing said line and along the common West line of said called 4.081 acre tract and East line ofsaid called 137,968 square foot tract, a distance of 146.53 feet to a 5/8 inch iron rod set in the proposed North right ofway line of Arapaho Road and the South right ofway line ofsaid DART railroad, said point being the common Northwest comer of said called 4.081 acre tract and Northeast comer ofsaid called 137,968 square foot tract; THENCE, South 89 degrees 58 rainutes 49 seconds East (called EAST), departing said common line and along the common North line ofsaid called 4.081 acre tract, proposed North right ofway line ofArapaho Road and South right ofway ofsaid DART railroad, a distance of 507.75 feet (called 507.71 feet) to the POINT OF BEGINNING; CONTAINING an area of 1.0855 acres or 47,282 square feet ofland within the metes recited. All bearings are referenced to the North Right ofWay line ofCenturion Way, called South 89 degrees 5 I minutes 55 seconds East, according to the final plat ofLot 3, Surveyor Addition, recorded in Volume 77173, Page 135, Deed Records ofDallas County, Texas. TRACT 2: BEING a description ofa 1.0955 acre (47,722 square foot) tract ofland situated in the David Myers Survey, Abstract Number 923, Town of Addison, Dallas County, Texas, and being a portion ofa called 137,968 square foot tract of land conveyed to Public Storage ofDallas, LTD. on June 13, 1978 and recorded in Volume 78115, Page 3018 of the Deed Records ofDallas County, Texas, said called 137,968 square foot tract being all ofLot 1, ofthe Watson and Taylor Subdivision, an addition to the Town ofAddison, as evidenced by the plat dated March 31,1978 and recorded in Volume 78082, Page 889 of said Deed Records, said 1.0955 acre tract ofland being more particularlY'described by metes and bounds as follows: BEGINNING at a 5/8 inch iron rod set in the proposed North right ofway line of Arapaho Road and the South right ofway ofway line ofa 100 foot wide railroad right ofway as conveyed to Dallas Area Rapid Transit Property Acquisition Corporation (herein referred to as DART) on December 27, 1990 and recorded in Volume 91008, Page 1390 ofsaid Deed Records, said point being the COlllmon Northeast comer of said called 137,968 square foot tract and Northwest comer ofa called 4.081 acre tract of land conveyed to Public Storage ofDallas, LTD. on October 3, 1979 and recorded in Volume 79 I 96, Page 3188 of said Deed Records, said called 4.081 acre tract being all ofLot 3, of the Watson and Taylor Subdivision No.2, an addition to the Town ofAddison, as evidenced by the plat dated September 12, 1979 and recorded in Volume 79 I 80, Page 0888 of said Deed Records; THENCE, South 00 degrees 33 minutes 49 seconds East (called South 00 degrees 26 minutes 30 seconds East), departing said lines and along the common East line ofsaid called 137,968 square foot tract and West line ofsaid called 4.081 acre tract, a distance of 146.53 feet to a point in a curve ofthe proposed South right ofway line ofArapho Road; THENCE, departing said common line and along the proposed South right ofway line ofArapho Road the following courses and distances: Southwesterly, along the arc ofa non·tangent curve to the left having a radius of 818.00 feet, a central angle of7 degrees 15 minutes 29 seconds, a chord bearing South 62 degrees 56 minutes 22 seconds West a distance of 103.55 feet, for an arc distance of 103.62 feet to the point oftangency ofsaid curve; South 53 degrees 39 minutes 46 seconds West, a distance of 130.54 feet to an "x" in concrete set fOF an angle point; South 56 degrees 50 minutes 32 seconds West, a distance of 31.95 feet to a point in the common West line ofsaid called 137,968 square foot tract and East line ofa called 2.20 acre tract ofland conveyed to the City of Addison on June 28, 1977 and recorded in Volume 77135, Page 1581 ofsaid Deed Records; THENCE, North 00 degrees 27 minutes 52 seconds W est (called North 00 degrees 26 minutes 30 seconds West), departing said line and along the common West line ofsaid called 137,968 square foot tract and East line ofsaid called 2.20 acre tract, a distance of 288.54 feet to a 112 inch iron rod found in the proposed North right of way line of Arapaho Road and the South right of way line ofDART railroad, said point being the common Northwest comer ofsaid called 137,968 square foot tract and Northeast comer of said called 2.20 acre tract; THENCE, South 89 degrees 58 minutes 49 seconds East (called East), departing said common line and along the common North line ofsaid called 137,968 square foot tract, proposed North right ofway line ofArapaho Road and South right of way line ofsaid DART railroad a distance of225.02 feet (called 225 feet) to the POINT OF BEGINNING; CONTAINING an area of 1.0955 acres or 47,722 square feet ofland within the metes recited. 􀀧􀀮􀁾􀀩􀀠.. 13 PAGE10F2 FEE $59.05 UPDATE TAX CERTIFICATE DATA TRACE 2229 AVE J, SUITE 101 IARLINGTON, TX 76006 817-261·8190 FAX 817·695-4121 CUST: REPUBLIC TITLE OF TEXAS, INC BRANCH: SJ6 JANINE BARBER GF#: 02R14048 CLOSER: ORDER TYPE: T· 4 SUBTYPE: 1 DATE: 04122103 CAD ACCOUNT NUMBER SUMMARY 110-00093-667-600-0000 SUMMARY OF ALL ACCOUNT(S) SUMMARY OF CURRENT YEAR SUMMARY OF ALL TAXES DUE TAX YEAR BASE TAX DUE 04103 DUE 05/03 DALLAS COUNTY 2002 . 5,970.88 0.00 0.00 CITY OF ADDISON 2002 4,631.92 0.00 0.00 ISD -DALLAS 2002 18,387.88 0.00 0.00 TOTAL TAX 28,990.68 0.00 0.00 **····****COMMENTS.....··***CAUTION....-*READ BEFORE CLOSiNG .......••• CAD# 10-00093-667-600-0000 -NO AG EXEMPTION FOUND ON ACCOUNT FOR TAX YEARS 1998·2002 COMMENT 1 -PROPERTY REQUESTED ASSESSED WITH OTHER PROPERTY DC CA DS CAD# 10-00093-667·600-0000 TR2ISKB '.DESC WATSON & TAYLOR LOT 1 ACS 3.11 0060000000100 31000600000 SITUS 4015 BELT LINE RD CA MAIL 4015 BELT LINE RD ADDISON TX 15001-4353 ASSESSED OWNER(S) 2002 ASSESSED VALUES PUBLIC STORAGE DLS LTD LAND 552,340 IMPROVEMENT 605,930 TOTAL VALUE 1,158,270 HIGH LIABILITY TAX ENTITY INFORMATION 1DALLAS COUNTY PAYMENTS AS OF 04/09/03 500 ELM DALLAS TX 75202 02 TAX RATE 0.5155000 PHONE 214-653-7811 WIOEXEMPT 5,910.88 EXEMPTIONS NONE YR BASE TAX BASE DUE DUE 04103 DUE 05103 02 5,970.88 0.00 -PAIDSUBTOTAL 5,970.88 0.00 0.00 0,00 ICITY OF ADDISON PAYMENTS AS OF 02118103 POBOX 9009 ADDISON TX 75001-9009 02 TAX RATE 0.3999000 PHONE 972-450·7082 W/OEXEMPT 4,631.92 EXEMPTIONS NONE YR BASE TAX BASE DUE DUE 04103 DUE 05/03 02 4,631.92 0.00 -PAID 01128103"'" This tax certificate is being provided for' f . SUBTOTAL 4,631.92 0.00 0.00I .n ormotlOnal p:roses on y and 􀁭􀁡􀁾􀀠be relied upon only by Republic Title o exas, Inc. for the Issuance of title insurance and not b any other party for any other purpose. Y 0.00 PAGE 2 OF 2 TAX CERTIFICATE DATA TRACE 2229 AVE J, SUITE 101 ARLINGTON, TX 76006 817-261-8190 FAX 817-695-4121 CUST: REPUBLIC TITLE OF TEXAS, INC BRANCH: SJ6 JANINE BARBER GF1I': 02R14048 CLOSER: ORDER TYPE: T-4 SUBTYPE: 1 DATE: 04122103 11sD -DALLAS PAYMENTS AS OF 04/09/03 COLLECTED BY DALLAS CO 02 TAX RATE 1.5875300 PHONE 214-653-7811 WIOEXEMPT 18,387.88 EXEMPTIONS NONE YR BASE TAX BASE DUE DUE 04/03 DUE 05/03 02 18,387,88 0.00 SUBTOTAL 18,387,88 0.00 0.00 0.00 CERTIFICATION, CONDITIONS AND EXCLUSIONS THIS CERTIFIES THAT ALL AD VALOREM TAXES N'PLICABLE TO THE ABOVE REFERENCED PROPERTY HAVE BEEN CHECKED AND FOUND TO HAVE THE STATUS INDICATED, " THIS CERTIFICATION DOES NOT cOvER ANY CHANGES MADE TO THE TAX ROLL OR RECORDS AFTER THE 'PAYMENT AS OF" DATES LISTED ABOVE. 2. THIS DOCUMENT DOES NOT CONSTITUTE A REPORT ON OR CERTIFICATION OF MINERAL (PRODUCTIVE AND NON·PRODUCTIVE) TAXES, LEASES, PERSONAL PRoPERTY TAXES OR OTHER NON AD VALOREM TAXES (SUCH AS PAVING LIENS. STAND·BY CHARGES OR MAINTENANCE ASSESSMENTS), THESE ITEMS MAY BE INCLUDED FOR CONVENIENCE PURPOSES ONLY, 3, THIS CERTIFICATE IS NOT TRANSFERRABLE AND IS ENfORCEABLE ONLY BY THE PARTY TO WHICH IT HAS BEEN ISSUED, PRINTED BY RE1/RTK Th ' tax certificate is being provided fa, infon',:'"","al15 I t r: '",' 'olepurposes only and may be relied UPp" on Y"1 ,ERTYTAXES OR OTHER NON AD VALOREM TAXES (SUCH AS PAVING LIENS, STANO·BY CHARGES OR MAINTENANCE ASSESSMENTS). THESE ITEMS MAY BE INCLUDED FOR CONVENIENCE PURPOSES ONLY. 3. THIS CERTIFICATE IS NOT TRANSFERRABLE AND IS ENFORCEABLE ONLY 8Y THE PARTY TO WHICH IT HAS BEEN ISSUED. PRINTED BY RE1/RTK This tax certificate is being provided for ;nfen;" etHl;'lal purpQses only and mily be relied upon Oil!.,! by Re:;)ulJlic EJe of Texas, Inc. for the issuance of title insurance and nor hy any other party for any other purpose. 0.00 14 COiYli>1IT,ymNT FC .1TLE mSURANCE Issued by First Americ ce Company THE FOLLOWING COMMITMENT FOR TITLE lNSURANCE IS NOT VALID UNLESS YOUR NAME AND THE POLICY AMOUNT ARE SHOWN IN SCHEDm,E A, Al'ID OUR AUTHORIZED REPRESENTATIVE HAS COUNTERSIGNED BELOW. We, First American TItle Insurance Company, will issue our title insurance policy or policies (the Policy) to You (the proposed insured) upon payment of the premium and other charges due, and compliance with the requirements in Schedule B and Schedule C. Our Policy will be in the form approved. by the Texas Departmem of Insurance at the date of issuance, and will insure' your interest in the land described in Schedule A. The estimated premium fur our Policy and applicable endorsements is shown on Schedule D. There may he additional charges such as recording, fees, and expedited delivery expenses. This Commitment ends ninety (90) days from the effective date, unless the Policy is issued sooner, or failure to issue the Policy is our fault. Our liability and obligations to you are under the express. terms of this Commitment .and end wben this Commitment expires. In wimess waereof, the Company has caused this commitment to he signed and sealed as of the effective date 'of commitment as shown in Schedule A, the commitment to.become valid and binding only when countersigned by an authorized signatory. ATTEST First American Title Insurance Company 􀀯􀁊􀀱􀁾􀀢􀀭Secretarv 􀁾By: /}; 􀀢􀁣􀀷􀁾􀁾􀀬􀀮􀀮􀀮􀀬􀀬􀀭􀁲􀀭􀂭UPRESID&"lT ISSUING AGENT *REPUBUC '!'f11,.E 2626 Howell $tt't:et. 16th Floot Dall::lS, Te:t::lS 75264 (214) 85S.a688 Fax (214) SSs..aS48 CONDITIONS AND STIPULATIONS L If you have actual knowledge of any matter which may affect the title or mortgage covered by ·this Commitment, that is not shown in Schedule B, you must notify us in writing. If you do not notify us in writing, OQr liability to you. is ended or reduced to the extent that your failure to notify us affects our liability, If you do notify us, or we leam of such matter, we may amend Schedule B, but we will will not be relieved of liability already incurred, 2, Our liability is only to you, and others who are included in the defmition of Insured in the Policy to be issued. Our liability· is only for actual loss incurred in your reliance on this Commitment to comply with its requirements or to acquire the interest in the land. Our liability is limited to the amount shown in Schedule A of this Commitment and will be SUbject to the foUowing te= of the Policy: Insuring Provisions, Conditions and Stipulations, E;