\ r ...:1. I i I l. , / COWLES &THOMPSON A Professional Corporation ATTORNEYS AND COUNSELORS ANGeLA K, WASHINGTON 214.672.2144 AWASHINGTON@COWLESTHOMPSON,COM November 17, 2004 Ms. Gayle Walton Department Secretary City Manager's Office Town ofAddison P.O. Box 9010 Addison, TX 75001-9010 RE: Parcel 2 (Sultan Chanaa) Addison Widening of Road Project Dear Gayle: Enclosed for the Town's records in connection with the above-referenced transaction are the following documents: 1. Copy ofrecorded Release ofLien; 2. Copy ofrecorded Release of Affidavit Claiming Mechanics' and Materialman's Lien; 3. Recorded Easement Agreement; and 4. First American Title Insurance Company Owner's Policy No. 084133 O. By copy of this letter, I am forwarding a copy of these documents to Steve Chutchian for his closing binder for this transaction. Ifyou have any questions, please give me a call. Sincerely, AKW/yjr Enclosures c(w/o Enclosures): Mr. Mike Murphy (wlEnclosures) Mr. Steve Chutchian (w/o Enclosures) Mr. Kenneth C. Dippel 901 MAIN STREET surrE 4000 DALLAS. TEXAS 􀀱􀀵􀀲􀀮􀀨􀁬􀀲􀁾􀀳􀀢􀀹􀀳􀀠o ALL A S T Y L E R TEL 214.672,2000 FAX 214.672.2.020 WWW.COWLESTHOMPSON .COM COWLES &THOMPSON A Professional Corporation ATTORNEYS AND COUNSELORS ANGELA K. WASHINGTON 214.612.2144 AWASHINGTON@CCtWLESTHDMPSON.COM October 26, 2004 Mr. Steve Chutchian Assistant City Engineer Town ofAddison P.O. Box 9010 Addison, TX 75001-9010 RE: Town ofAddison v. Sultan K. Chanaa, et al.; Cause No. CC04-09490-A Parcel 2 (Sultan Chanaa), Addison Widening of Road Project Dear Steve; Enclosed for your records is a copy of the Order Granting Nonsuit in the above-referenced case. I have been advised that Special Commissioners were never appointed; therefore, this case should be closed. If you have any questions, please give me a call. Sincerely, 􀁾􀀡􀀺􀁾􀁯􀁲􀁦􀀣􀀭􀀭􀀭􀀮􀁊􀀠AKW/yjr Enclosure c(w/o Enc.); Mr. Mike Murphy (w/o Enc.) Mr. Ken C. Dippel 901 MAIN STREET sunE 4000 DALLAS, TEXAS 7S202 • • c= (.=,::1'. 􀀭􀁾􀀠--.J c.n co o Cl ",LL.!C>og; C") 􀁾􀀧􀀭􀀧􀀠Cu.J ocr" COO U :a:W Q..0::: --' 􀁯􀁾􀀠r% a.. I4:-' 􀁄􀁾􀀠t-u 􀁷􀁾􀀠C -1 .... .8 !.1-0 C-I.:.. J ",<'" ",""...... --,'",-",..0 ... '" i z'":.< 􀁾􀀸􀀽􀁽.-n 􀁾􀀠:1 . --<--. -; .cf 􀁾􀁾􀀠 I r " 􀀬􀁾􀀠. RI'"" .... '0, 􀁾􀀬􀀠";:' 􀀢􀁔􀀢􀀡􀀧􀁥􀀬􀁾􀀮􀁬􀁮􀀼􀀺􀀬􀀬􀀮􀀺􀁾􀁒􀁯􀁾􀀯􀀱􀀮􀀧􀁾􀁟􀀺􀀬􀀠, 11--: ".c; J 􀁈􀀧􀁾􀀠.;.. j ::-:r::.t 10th Flcx"." 􀁴􀀮􀀻􀀮􀀺􀀺􀁪􀀮􀀺􀀺􀁾􀀠Tx 7G:.204 """'" '", 􀁾􀁬􀀠. -' ''';' (-'-,.: I..;-!.;" f'\. ...' 10fHh....o 􀀶􀁦􀁕􀁃􀀧􀁾􀀠RELEASE OF AFFIDAVIr CLAIMING MECHANICS' AND MATERIALMAN'S LIEN STATE OF TEXAS § 3093696§ 􀁾􀀸􀀸􀀲􀀱􀁾􀁏􀀠$11.00 􀁄􀁾􀁥􀁤COUNTY OF DALLAS § 􀀱􀀨􀁬􀁦􀀱􀀳􀀯􀀰􀁾􀀠The undersigned files this its R£lease ofAffidavit Claiming Mechanics' and Materialman's Lien on the following described property: Being a tract of land, approximately .6916 acres, and being LOT 2, of SAMBUCA TIJFILLING STATION ADDmON, an Addition to the Town of Addison, DaUas County, Texas according to the amended plat thereof recorded in Volume 941.17, Page 61.34 of the Map Records of DaUas County, Texas, more commonly known as 15201 Addison Road, Addison, DaUas County, Texas 75001 The undersigned specifically releases the Affidavit Claiming Mechanics' andMaterialman's Lien filed of record by the undersigned on February 12, 2004, recorded in Volume 2004028, Page 9748, Mechanic's Lien Records ofDallas County Texas. The undersigned so declares for ADVANCED HOME THEATER SYSTEMS, INC. and for its heirs, legal representatives, successors, and assigns, Executed on the 2-day of Oc.:@BER-,2004. ADVANCED HOME THEATER SYSTEMS, INC. By: RELEASE OF AFFIDAVIT CLAIMING MECHANICS' AND MATERIALMAN'S LIEN Page 1 zunij!fi 9 8 [j 9 8 2 a - 􀀬􀁾􀀠\ . STATE OF TEXAS } } COUNTY OF DALLAS } BEFORE ME, the undersigned authority, on this day personally appeared H RICK "RICK" SMITH. known, to me, who stated that he is an president and duly authorized representative of ADVANCED HOME THEATER SYSTEMS, INC., and as such is authorized to execute the foregoing Release of Affidavit Claiming Mechanics and Materialman's Lien for and on behalf of the ADVANCED HOME THEATER SYSTEMS, INC., arid acknowledged the foregoing to he the act arid deed 0 f such company, and that he signed the same in the capacity stated therein and swore that the facts therein are true and correct. SWORN TO AND SUBSCRIBED BEFORE ME and acknowledged before me on this day of 0-1 2-,2004 by H RICK "RICK" 􀁓􀁾􀀠NOTARY PUBLIC FO STATE OF TEXAS e!"i : 􀁾􀀺􀀬􀀠w. RAHDNJ.ACmIIoIAII !I:f COMMISSION EOO'IllES May 31,lIOOT RELEASE OF AFFIDAVIT CLAIMING MECHANICS' AND MATERIALMEN'S LIEN Page 2 ZOOqqlg 8 1:19 8 2 , j 'if 􀀤􀁾􀀧I,.(). co Q;; I,.() co I\J I\J j j j j j j j j j j j ...... j 􀁲􀁆􀁬􀁾􀁾􀀧􀀧􀀧􀁬􀀱􀁴􀁾􀁟􀁟􀁟􀀠",..' "'.. Ilxr"c) :., nil., of 􀁩􀀢􀀧􀀻􀁬􀁜􀁾􀀠hIt fi, -nllblic Tit;:; 0, Texas, Ine_ 'r;"_ 􀁯􀀲􀀮􀀯􀁴􀁃􀁾􀁌􀁾􀁟\);, : 1.S-'<:626 Hcwflll Streal, 10th Floor Daile3 TX 75204 /.tm: 􀁐􀁾􀁴􀀺􀁩􀁣􀁩􀁡􀀠A Sh$rmen 􀁂􀁲􀁵􀁣􀁾􀀠EASEMENT AGREEMENT This Agreeme:nt is made and entered into by and 􀁢􀁥􀁴􀁷􀁾􀁾􀀠Sultana K. Chanaa ("Grantor"), and the Town of Addison, Texas (the "Town"):-----------________ n._,...--cc-:---"-3084564 m281( $25.80 1Ieed' ,WIT N E SSE T H: tGmIlM-WHEREAS, Grantor is the sole owner of certain real property located in the Town of Addison and described in Exhibit A attached hereto and incorporated herein (the "EaSement Property"); and WHEREAS, the Town of Addison intends to construct an extension of Addison Road through the Town (the "Addison Road Extension Project"), part of which will be located upon and over the Easement Property; and WHEREAS, the Town desires to acquire an exclusive and perpetual easement in, over, across, upon, under and through the Easement Easement Property for street right-of-way and other public purposes in connection with the construction of the Addison Road Extension, and Grantor desires to sell and convey such easement to the Town; NOW, THEREFORE, for and in consideration ofthe mutual covenants and agreements herein contained, Sultan K. Chanaa and the Town ofAddison agree as follows: 1. Grant of Easement. For and in consideration of the sum set forth in 2, below in hand paid by the Town, the receipt and sufficiency of which is hereby acknowledged and confessed, Grantor has GRANTED, SOLD AND CONVEYED, and by theses presents does GRANT, SELL AND CONVEY unto the Town of Addison, Texas, its successors and assigns, a perpetual and exclusive easement and right-of-way (the "Easement") in, over, across, upon, under and through the property described in Exhibit A and depicted on Exhibit B (the "Easement Property") (the said Exhibits being attached hereto and incorporated herein). 2. Consideration. This easement is granted, sold and conveyed in consideration of the Town's payment to Grantor of the sum of Thirty Thousand and NollOO dollars ($30,000.00), the receipt and sufficiency ofwhich is acknowledged as full compensation for the Easement, any damage to or diminution in value of the Remainder or any other lands or property belonging to Grantor that may be claimed or asserted by virtue of such grant, sale and conveyance and use of the Easement and the Easement Property by the Town, and to avoid the cost and expense of litigation. For purposes of this Agreement, the term "Remainder" shall mean that property described in attached Exhibit C, save and except the Easement Property. 3. Purpose ofEasement: Other ProvisioDs. A. The Easement, together with all of its rights and privileges, may be used by the Town, its employees, contractors, agents, successors, and assigns in connection with activities relating to the construction, placement, installation, reconstruction, relocation, alteration, operation, use, inspection, maintenance, improvement, and modification of landscaping, irrigation, lighting, utility, sidewalk, or other parkway improvements, or for such other public purposes as the Town from time to time deems necessary, appropriate, or desirable in the Town's .......... 2884'1' 9 4 :17 5 8 Z Docwnent It 1019512 .' sole discretion, with respect to the Project The Town may perfonn all excavation, boring, backfilling, embedding, drilling, grading, and other construction activities as the Town from time to time deems necessary, appropriate, or desirable in the Town's sole discretion, with respect to the Project and the improvements within the Easement The Town shall, at all times, have the right of ingress and egress to and from the Easement and the Easement Property as the Town may deem necessary, appropriate, or desirable, B. Grantor acknowledges and agrees as follows: (i) The Town may authorize and pennit third parties to use the Project on such terms as the Town in its sole discretion deems appropriate, but no third parities, including the general public, shall acquire any rights in the Easement or the Easement Property as a result of such use. (ii) Grantor shall not construct or place within the Easement Property any building, fence, wall, plant, or other structure, improvement, or growth of any character or type type which would interfere, in the Town's sole determination, with the Easement, with the Project or with any improvements within the Easement The Town shall have the right to remove, and keep removed, all or part of any such building, fence, plant, or other structure, improvement or growth of any character or type that is located within the Easement Property and which, in the judgment of the Town, may endanger or in any way interfere with the construction, efficiency, or convenient and safe operation ofthe Project or the exercise ofthe Town's rights hereunder. C. Grantor, its successors and assigns, may fully use and enjoy the Easement Property, except that such use and enjoyment shall not hinder, conflict or interfere with the exercise of the Town's rights hereunder or with the safe and efficient operation ofthe Project 4. Existing Fountaius. Existing fountains located in the Easement Area shall remain, and shall be protected during construction. 5. Existing Trees. Existing mature trees removed from the Easement Area due to construction or work perfunned under this Agreement shall be replaced with three new Red Oak trees and other landscaping and proposed facilities, all of which will be located within the Easement Area as determined by the Town. 6. Warranty of Title. TO HA VB AND TO HOLD the Easement, together with all and singular the rights, privileges, and appurtenances thereto in anywise belonging, unto the Town of Addison, Texas, its successors and assigns; and Grantor does hereby bind itself, its representatives, successors, and assigns to WARRANT AND FOREVER DEFEND all and singular the Easement and rights conveyed in this instrument unto the Town of Addison, Texas, its representatives, successors, and assigns, against every person whomsoever lawfully claiming or to claim all or any part of the interest in the Property. 7. Exclusiveness ofEasement. The easement, rights, and privileges granted by this conveyance are exclusive, and Grantor covenants not to convey any other easement or conflicting rights rights in the area covered by this grant. 8. GovemluK Law; Venue. In the event of any action under this Contract, venue for all causes of action shall be instituted and maintained in Dallas County, Texas. The parties agree that the laws of the State of Texas govern the validity, construction, enforcement and 􀀲􀁯􀁯􀁾􀀱􀀹􀀠r. ;J 7 5 8 8 Docwnc!UjJ; lM9S7l :; . interpretation of this Agreement; and, with respect to any conflict of law provisions, the parties agree that such conflict of law provisions shall not affect the application of the law of Texas (without reference to its conflict of law provisions) to the governing, interpretation, validity and enforcement ofthis Agreement. 9. Entire Aereement. This Agreement contains the entire agreement between the parties relating to its subject matter. Any oral representations or modifications concerning this Agreement shall be of no force and effect. Any subsequent amendment or modification must be in writing and agreed to by both parties. 10. Authority. The undersigned are the properly authorized officials or persons and have the necessary authority to execute this Agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolutions or other act extending such authority have been duly passed and are now in full force and effect. 11. Bindina Effect. This Agreement shall shall bind and inure to the benefit of the respective parties, their personal representatives, successors, and assigns. Executed this 􀁾day of Ju.n!!. , ,2003 GRANTOR: Sultan K. Chanaa " Executed this Z"3t day of .,J"",,«-,2003 TOWN OF ADDISON • BY:" 􀁧􀀮􀀮􀀭􀀭􀀮􀀮􀁾􀁣􀁴􀁩􀁣􀀮􀀭􀀮􀀢􀀩􀀠Ron Whitehead, City Manager 􀀲􀀰􀀰􀁾􀀡􀀱􀀱􀀠9 4 U 7 5 8 9 􀁾􀀧􀀺􀀱􀀰􀀲􀀹􀁓􀀷􀀲􀀠 El!PIRES OII-ZM!OllS , . , ' STATE OF TEXAS § COUNTY OF DALLAS § BEFORE 􀁾􀀬􀀠the undersigned notary public in and for said county and state, on this IA-'--=-_ day of Ull f, 0..... ' 2003, personally appeared Sultan K. Chanaa, known to me to be the identical person who executed the within and foregoing document, and acknowledged to me that he executed the same as his free and voluntary act and deed, for the uses and purposes therein set forth. GIVEN UNDER my hand and seal ofoffice the day and year last above written. MY COMMISSION EXPIRES: 8".': -:-:-.:": -.: :-: 􀀺􀁾􀀺􀀮􀀺􀀮􀀠CHIIISTY M. ALEXANDER NOTARY PUBLIC STATE OF TEXAS Comm. exp. 05-05-07 STATE OF TEXAS § COUNTY OF DALLAS § BEFORE Mt:, the undersigned notary public in and for said county and state, on this 23, day of ....J 􀁾􀀠, 2003, personally appeared Ron Whitehead, City Manager for the Town of Addison, and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person or entity upon behalf of which he acted executed the instrument for the uses and purposes therein set forth. GIVEN UNDER my hand and seal ofoffice the day and year last above written. 􀁾􀁃􀁴􀁶􀁵􀁯􀁦􀁾􀀠NotMy Public in and for the State ofTexas MY COMMISSION EXPIRES: MICHELE L COVINO 􀀲􀀰􀀰􀁾􀀧􀀱􀀹􀀠4 0 7 5 9 0 IJrocwnI:nt fI:. 10295'12 5113102EXHIBIT A TOWN OF ADDISON, TEXAS FIELD NOTE DESCRIPTION FOR ADDISON ROAD PARKWAY EASEMENT SULTAN K. CHANAA BEING a parcel ofland out of a 0.69 acre tract ofland located in the Edward Cook Survey, Abstract NC}. 326, in the Town of Addison, Dallas County, Texas, conveyed to Sultan K. Chanaa, by a deed now of record in Volume 2000215, Page 01991, of the Deed Records ofDallas County, Texas, and being Block 1, Lot 2 of the Sambuca Milling Station Addition, an addition to the Town of Addison, Texas, said parcel of land being more particularly described as follows: BEGlNNlNG at a point for a comer, said point being N 89°49'29" W, 2.00 feet from the southeast corner of said 0.69 acre tract and N 89°49'29" W, 12.00 feet from the northeast corner of a 0.774 acre tract of land conveyed to James E. Sauls, by a deed now ofrecord in Volume 77153, Page 01028, oftbe Deed Records of Dallas County, Texas, and said northeast comer of 0.744 acre tract being in the west right-of-way line of Addison Road, (generally a 60 foot right-of-way and generally 30 foot to the center line), said Beginning Point being N 00° 49'02" W, 149.31 feet from a found 112 iron rod in the south line ofsaid 0.774 acre tract and also being the northeast comer of a 1.0289 acre tract of land conveyed to Gartner-Plano Company, by a deed now of record in Volume 91248, Page 03622, of the Deed Records ofDallas County, Texas; THENCE N 89° 49'29" W, along the south line of said 0.69 acre tract, and along the north line of said 0.774 acre tract for a distance of 8.00 feet to a point for comer; THENCE N 00°13'00" E for a distance of 127.35 feet to a point for corner, said point being in the north line of said 0.69 acre tract and in the south line of a 1.48 acre tract ofland conveyed to Sambuca Partners Limited Partnership n, L.P. by a deed now ofrecord in Volume 94100, Page 05581 of the Deed Records of Dallas County, Texas; TIiENCE S 89"29'00" E along the north line ofsaid 0.69 acre tract and the south line of said 1.48 acre tract, a distance of 8.00 feet to to a point for comer, said point being N 89° 31 '14" E, 318.89 feet and S 00°13'00" W, 212.21 feet from a found 5/8 iron rod being the southwest comer of a 1.316 acre tract ofland conveyed to Dyson Enterprises, LP by a deed now of record in Volume 2000034, Page 2494 of the Deed Records of Dallas County, Texas and the northwest comer ofsaid 1.48 acre tract; THENCE S 00013 '00" W, and being 42 feet, more or less, from the centerline of Addison Road, a distance of 127.30 feet to the Point ofBeginning and containing 1,018.59 square feet (0.023 acres) ofland. • 20nGin9Ii rJ 75 9:Iih'\proJl!:cu\addaom$l&I')!,amt-doc1pW.3_.Qoc EXHIBIT B ____--􀁾􀀠-_ _______ -5/8" I.R.f'.J I "-____ _ -I d .r-/__ rr EDWARD COOK SURVEY I 􀁓􀁾􀁅􀂷􀁬􀀧􀀽􀀶􀀰􀀧􀀠--I i ASST. NO. 326 􀁾􀀮􀀠,r-/, --..l:1 SAMBUCA II/FILLING'" ADDISON CAR CARE ADDITION II" --􀀻􀁲􀁩􀁾􀁾􀁾􀀠􀁾􀀠VOL. 871,1 \1' PG. Of,86 􀁾􀀢􀀠VOL. 94117, PG. 􀀰􀀶􀀱􀀳􀀴􀀺􀁾􀀠I "'N VOL 2000215, PG. 01991 I I 0:;:0')􀁾􀀠.1 PROPOSED 8' PARKWAY EASEMENTli!51 ('» N 89'49'29' W 1 1/2" lRf' 8.00' I 􀁟􀁾􀀠N 00'49'02' W 149.31' '--􀀭􀁬􀁒􀁅􀁦􀁅􀁒􀁅􀁎􀁾􀁾􀁎􀁇􀁪---N 89'49'29' W 2.00' BLOCK I, LOT 2 SAMBUCA PARTNERS lIMITED;g I I I I I I PARTNERSHIP lI, LP. \l! I I I I VOL 94100, PG. 05581 S I II 15/8" I.R.F. 􀁗􀀯􀀧􀁄􀁃􀀤􀁁􀁾􀀠I I( 􀀮􀁉􀁾􀀠BLOCK 1, LOT 1 1􀁾􀀠DYSON ENTERPRIS:::S, LP I 15211 ADDISON ROAD _ JOINT VENTURE I 􀁾􀀠VOL 2000034, PG. :1494 1 BLOCK 1, LOT 1 I I VOl. 96156, PG. 4963 􀁾􀀠LOT 2, BLOCK 11 ·1 ! II I II I I I, , ,I 2' STREET DECATION I TO TOWN OF ADDISON 1/OLD LOT LINE I I I I 􀀱􀀱􀀰􀀱􀀸􀀮􀀵􀁩􀁁􀁾􀀡􀀡􀀮􀀠FT . 1 : 0,023 ....IT<:..> . 1 I 00'13'00' E -127.35'1 1 J ADDISON , .......... " 2ooH9lJ U7592 ROAD 12' STREET DECATION ___----'TO TOWN OF ADDISON 􀀮􀀮􀁌􀀭􀀭􀀭􀀭􀁬􀀮􀀮􀁩􀀺􀀺􀀺􀁾􀀬􀀭􀀭􀀭􀀮",;'IN CONC. ---------t 1/2" IRf',. TOWN OF ADDISON. TEXAS 􀁉􀀭􀁁􀀭􀀺􀀭􀀺􀀺􀁄􀁾􀁄􀁾􀀡􀁓􀁏􀁾􀁎􀁾􀁒􀁏􀁾􀁁􀀭􀀺􀀡􀀭􀁄􀁾􀁐􀁾􀁁􀁒􀁾􀁋􀁗􀀽􀁁􀁙􀁾􀁅􀁁􀁓􀁾􀁅􀀽􀁍􀁩􀀺􀁅􀁓􀀻􀁎􀁔􀀻􀀺􀀭􀁉􀀠SULTAN K. CHANAA 8IRKHOFF. 􀁾􀁅􀁎􀁏􀁒􀁉􀁃􀁋􀁓􀀠&: CONWAY. LLP. MAY 2002 CONSULTING ENQNE:EAS 1:>ea 􀁣􀀮􀀭􀁾􀁾􀀠􀀻􀁾􀀮􀀤􀁉􀀢􀀠Utl PLAT 3WL-____________________________________________________________________________􀀭 􀁊􀁾______􀁾􀀢􀁾..􀀬􀁾􀁾􀀧􀁾􀀭􀀧􀀭􀀽􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀁾􀁾􀁾􀁾􀁾􀀠I"-""N CONC. -----t l : SULTAN K. CHANAAI 􀁾􀀠􀁾􀀠􀁾􀀠a.. I g "" 􀁾􀀠...J a.. "'" ; .... to o O!!'!"" C ti 􀁾􀀠􀁡􀀮 ±' g -" .. '. t. "" "8 1 >-1 􀁾􀁾􀀠::;"" 0"'" uci00.. z '" 􀁾􀁾􀀠􀁊􀁾􀀠, SAULS JAMES E VOL 77153. PG. 1028 . r:-:9'29'OO-E 'I I 158.00' I 1/2" IRF" I I I S 00"13'00' W -212.21' 􀀨􀁒􀁅􀁦􀁅􀁾􀁎􀁃􀁅􀀠BEARING ) __􀁾􀁊􀀠I I I I ---II EXHmITC 2251 _by..._ ...."'lUur.. ... 'Y....,... ...... _U..,,:..., 􀁾􀁴􀁕􀀢􀀧􀀧􀀧􀀧􀀧􀀧􀀧􀀧􀀧􀁦􀁬􀁬􀁴􀁟􀀠WARRANTY DEED WITH VENDOR'S LIEN 11fE I'IL.\.ING STAtION OP ADIllSON. INC.••T.... __ CoiIIIdc""'" 'lbo _ofTEN AND«tIIIlO DOI.I.AlIS (SIO,OO) .... _pnd IIIId _-.......1lIo _Iptalld AIfIIcIacy of _ II bord»o 􀁾􀀢􀀢􀁉􀁯􀀮"'" __of: 􀁾􀀧􀀮_",,:molcIdl""l' OC...__"'" __putCIWo _ 􀁾.... i111IJc 􀁰􀁲􀁩􀁯􀁣􀁩􀁰􀁾􀀠IWIl of nmg HlJNDBIID ny'NTXflVE lHtWSANp AND wnm PQlMRS rgu·ooo.oo), bAric, WftSl all bela& payable ..orw., ... ..,...iII ....-.1lie -1>tiIli_ II)' die _ .. _.11<0. aod.w. ""'""" baI:ia a4 by.l 􀁾lad 􀁾􀁬􀁃dW \)f Q"W;' 4)f jW:u t1ak (.um Gt..-wI...W. DeMit. 􀁔􀁎􀁴􀁴􀁉􀁜􀁉􀁃􀁾􀀠liM: JaIDC IDbe __10 die __ofDallu c:....y. T.... _,1..012. ofS!\MBUCA WF!LUNO STATION ADDmON."Ad4IIIo.1O IIIoTOWIIof AIIdIso.. D_ CoWlI),. T..... _nIIa&I01IJc _1'IaI __" Volomc!ll1l1.1'1&t 61)4 .fllie M",_d:lofDalluCo"'"l'. T...... __• riptoof....y.1I>I pmcripI..ri&bU. _.f..-OJ "'" 011 J11C1C'1111 _I...."..,.., ............ Uc.u &ad 􀁃􀁃􀁜􀁑􀁾􀀮lhiS arccc:t cbI 􀁾_ taxa fOil' 1210 currwyar, ..pa)'_Dl af wlIich 01'&11. USWDCI. 20021501991 􀁚􀁏􀁄􀁾􀀧􀀱􀀱􀀹􀀠4 D 7 5 9 3 EXHmITC .a..-. fiI. til. _l4eralloa II1II aubJ"" 10Il10 _AIfiG" '"" wcptJo....__lOll! wunmy._.MIl>, '""......,.100.-11>0 _.lOptlicr -allll>! lin.". Illo 􀁾ml __10 1liiy We bclonglD8 .. baft lIIIIlIoid lIlO 0_. _ .. _. _ ... _.-.... ..".. _ . . Or.Iotor_G...""mlO......􀂷􀀮􀁟􀀮􀁟􀀮􀁟􀀮􀁉􀁉􀁩􀁬􀁉􀁉􀁾.._IIIII __all:owl ....,.., Illo _ 10 _ ml 0..-'. 1Io1n. .-..._.-.... IIIIpJ, opIDII """l' _ who........ lawflllly cIaIInIDs or to .Iolm Illo ..... or lilly pan _,"""" .. 10 "'" .......... from tool tCUPtioM In eoowy..arJd warruq.. '!be v_'s lIaI qaWI IIld 􀁾IiII: .. tile _ ... .-____u fIIlIy paid ..IU_..__d>lI ___... _. _!lie......."'IIIlros.....,..,......IOIl,......._Illopion!. llII!F )I.(IP_ISOII.INC. BY: STATEOPl'IlXASCOUNTY 01 ______ _ ___ _ It0 ___ .,ot Os. .2IIIXI. by SAM y, y, IlIIJIIIIIIAN _IDEm' •of 'I1IB I'IIJJNG STA1ION OF ADDISON, INC. • • T....--...bcbolfofaalll __ AFI'l!It RECQRlllNO IUmlRN TO: PUPAIIIID IN llII!u.tIOFFICII 01:_Vl._ • COMMllllCIALBSCROIV COMPANY 13101 Pra... Rd.. 5Io•.au 13101 ........Rd.. $10. 40U IlollaI, T.... 7i1l4O 1lJIIu. T.... 1»4Q '2lIlI21S 01992 EXHlBITC • IIIIIIl II AQN 􀀮􀁕􀀱􀀾􀁉􀀱􀁑􀁾􀀠􀁾􀀢􀁬WQlU131::l A􀁉􀁉􀀡􀀺􀀻􀁛􀀧􀁾􀀠􀀱􀁬􀀺􀁊􀁾􀀧􀀺􀀢􀀢􀀠,...• 00 :I lid £ -hOI/DUDl 03-"H.:l 2IJD215 01993 • 96Sl0 fJ6HoOl FltEtrANO -RECORDED CFFlCIAL l'UBLIe RECORDS 04 OCT -1 Fit 3: 32 First American Title Insurance Company 084133 0 OWNER POLICY OF TITLE INSURANCE Issued by FIRST AMERICAN TITLE INSURANCE COMPANY SUBIECf TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, Flj,tsT AMERICAN TITLE INSURANCE COMPANY, a California corporation, herein called the Company, insures, 'as olDate of Policy shown in Schedule A, against loss or damage, not exceeding the Amount ofInsurance stated in Schedule A, sustained or incurred by the insured by reason of: I. Title to the estate or interest described in Schedule A being 􀁶􀁾􀁯􀁴􀁨􀁥􀁲􀁬􀁬􀁩􀁡􀁂􀀠as.stated theniin; ',.' . 2. Any defect in or lien or encUinbiance on the title; . '. . ' , -.' , \,--􀀭􀁜􀁜􀀻􀀬􀀻􀀬􀀬􀁾 􀀠.,' , 3. Any statutory or constitutional mechanic's, contractor's, or materialman's lien for.Iabor.·or'material having its inception on or before Date of Policy;' 4. Lack of a right of access to and from the land; 5. Lack of good and indefeasible title. The Company also will pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS HEREOF, 􀁾FIRST AMERICAN TITLE INSURANCE COMPANY has caused this policy 10 be executed by its President under the seal of the Company, but this policy is to be valid only wben it bears an authorized countersignature, as of the date set forth in Schedule A. First American TItlt: Insurance Company ATTEST Secretary, 􀁆􀁏􀁾􀁍TI-CA: OWNER POLICY OF TlTl.E INSURANCE (IlFfECTIVE 4141112) EXCLUSIONS FROM COVERAGE The following maners are expte.uly excluded from the covel1l,gc of 1hi.s polity and the Company will DO( pay lO$$ or damaae. coats. attorneys' fees or expenses which arise by rcaJOn of: 1. (a) Any law, ordinaJlce or goverrunentaJ 􀁾􀁯􀁮(including but not .limited 10 tKtilding and zoning laW!<, orWl'IIIl'lees:. or reauJations) mtricting. regulating, prohibiting or .relating to (i) the 􀁾􀁰􀁡􀁮􀁣􀁹􀀮􀀠use. or enjoyment of me l.aDd; (Ii) the character, dimensions or location of any improvcrnent now or hetuftcr erected on the land; (iii) a sepanltim in OWtlCtShip or Ii chtnje in tht dimensions or area of the land Of aoy paroel of which the land is or was a pan; or (Iv) environmental ptO{e¢tiOll. or We effect of any violation of these laws, ordinanees or governmental regulations. except 10 the g,tcnl !hat a IJOtke of the enforcemcm: thereof or a notice of a defect. lien or ctx:Umbnmce resulting from II viotttion or alleged violation affecting the land has been recon1cd in the public reoonfs at Date of Poti<:y. (b) ArJY goVCJ'lll1'iieDW police poMf t:IOt cx.cluded by <8> above. ex.ctpt to the CJ(tcnt thai • mtice of the exercise thereof or a notice of a defect. lien or cncumbrw:w:e: re.swt1ng from a violation or alleged violation affecting !he land iw been reconIed in the public ru:ords al Dale of PoIi;y. 2. Rights of eminent domain unleM notke of the eMrcise thereof bas been rec::onkd in the plbHc records 1'1 Date of PoIky, but ROC excluding from coverage ail)' taking that bas occurred prior to Oat.:: of Policy which would be bioditlj on the rights of a pun::buer for value without knowledge. 3-. Defects, liens. encumbrarJces. adverse claims or other maurs: (a) 􀁾􀀬􀁳􀁵􀁦􀁦􀁥􀁲􀁥􀁤􀀮􀀠&.wuncd or ap:cd 10 by tbe: insuml daimant; (1) n« mown to the COmpanY. not MCOntcd in \be public RCOIds at Dale of Policy, bu:t krown to the insured daimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured c]aimaltl became an insured ulDir lIIb polley; (e) rcsWling in no loss or damage to the insured .claimant; (d) altadting 01' cteated subsequetlt to Date of Poiie)'; {e) resulting in loss Or damage that would 110( have been SILSlaincd if the in&Drcd claimant W paid value for the estate or interest inS\lred by this policy. 4. Tb4 refi1$a.l of any per&Oo (0 purcu• .Iea$¢ or lend moocy on the estate or intcrc:!lt covered hereby in the land described in Schedule A because of unmarkembUlty of the title. S. Any claim. which arises out of the U"inSaCtion vming in the person named in paragraph 3 of Schedule A the esmte or interest insured by this [Xilicy. by reason of lbc operation of federal bankruplcy. state insolvency, or other slate or fc4eml creditot$' rights laws that is based on either (j) the 􀁾ereating tbe: csmte or interest Ift$W"I!:Id by lhU Policy being deemed a frnudvlent COIWeylOOe or ftwdulcnl I18.IlSfer or a voidable distribution or voidable dividend or {ii) the subordination or 􀁾of UJc 􀁾or intel'est insured by 'ibis Po1icy as a result of the applieaUon of the doctrine of equitable subordination or {iii) the transaction creating the estate or intenm insured by this Poucy being deemed a preCcrential transfer excepl where the preferential tmlSrer results from the failure of the Company or its issuing agent 10 t.itneJy file for 􀁾the in!llUment 0( trnnster to \be illlured 􀁡􀁾􀁲􀀠delivery or 'ibe failure of &Delt m:onbllion 10 llnpart oot.ice 10 a puNl'J.uer for vaJ\le or a judgmenl. or lien ereditor, CONDmONS AND STlPIJLATIONS I. DEFINITION OF TERMS The following ltrnI:t whl:n used in this polky mean: (a) "'insun:d'": the iMQred named in Schedu.le A. and. subject ED any rights or 􀁤􀁣􀁦􀁥􀁮􀀮􀁾􀀠the Company wool;Oi or substitute U'U.\tee(s} of a tru5tee named in a written j1'W;t 􀁩􀁮􀁮􀁳􀁴􀁲􀁵􀁭􀁥􀁮􀁴􀁾􀀠 or (vi) the 􀁉􀁉􀁾in interesllO a tnmee or tnln resulting ftom the diurilnnion of all Of pan of the a.'>Sel'\ of the tnlst to the bcnefwiariCl> thefv)f. (b) *inllU.l'ed claimant": an iO$Ufed daiminG toR; or damage, (c) "kmwled;e" or "'&,nown-: actual knowledge, not ronSlJ'Uctivc knowledge or notice (hal may be imputed to an insured by reason of the public reconis as defined in 'ibis policy or 􀁾􀁹other t"CCOfds which impart constructive notice of malletS a.ff'et:ting the land. (d) "land": the land deicribcd or tl:fem:id to in Schedule A. and 􀁾􀀠affll:ed Ihcreto that by law constitute real property. The wm "land" does GOt *l_ any 􀁰􀁾beyond the lines of the ama ducribed or tefentd In in ScbedWe A, oor any right. title, imeresl. estate or easement in abvlti.n& atrecta, mads, avenues, alley.. lallC$. ways or waterways, but 00Ihlng hl:rein .ball modifY or limit the ellCnl to whkh a rJght of access In and from the Wad is uwU'cd by this: polley. (e) "mortgage": mottgasc. deed of ttu.st, tniat deed. or oeber security w,II\I.mCQt. (f) "public records": records escablisbod uiMJer state staElltllli at Date of Policy for the purpose of imparting consl:rUctiYe 00lice of matters relating to real property to purclwcrs for value and wilhOl.II mowledge, With respect to $cc:Iion J(aXiv) of !be Exclusions FroID CoVCnllge, "public n:cotds" also shall include CQvUoomental protection liens med in !be records of the cled: of the Uniltd States district COIoIrt for the district in which the land is lor:atcd. (g) "acoeu": iegalhght of acoeu to the land and IlOIIhc physical coodition of I.ICcesa. 'I'he coverage provided as to acoeu does l'lOI auure the 􀁾of acceu for the use intended. 2. CONTINUATION OF INSURANCE AFTER CONVI!YANCE OF mLE. The cove;age of this policy $Imll eootioue in fon;c as of Date of Policy in favor of an insured only so long as the insured retains an estw or inwest in £he Wad, or holds an indcbIodness sc:cu:mI by a purtJwe money mortpge giVft by a purchaser from the insarcd. or only so long 4$ me iJ).sured £hill have liability by reason of covenants of warranty tn&de by the i::mwred in all)' t.nl.IlSfer or eanveylUlCC of the e.state or iote.r=lt. This policy sbaU DOl continue in fon:::¢ in favor of any purebuer from lbc insured of either (j) an es&ate or inten:st ill the land, or (ii) an iDdcblodness secured by a purclwc money mortgage given 10 the insured. 3. NonCE OF CLAlM TO BE GIVEN BY INSURED CLAlMANT. 1'Ile Insured shall notify the Company PJOtntHiY in writing (I) in case of any litiga1ion as .set forth in Section 4(a) below, or (ii) in case know1odge: $hall come 10 an iRIIUred hereunder of any claim of tillc or interest that is advem 10 the clt1e CO the estate or i.ntert:St. as irmtml. and that might cause loss or damage fOr which the Company m&y be liable by virtue of tbi! policy. If prompt DOtice ,ball DOt be giV1m to the CoJ:npuy. then as to the insured aJl liability of the Company shall terminate with regard to the maUCr or mauers for which prompt notice is 􀁴􀁣􀁱􀁉􀁬􀁾􀀺􀀠prcwidcd. however. that failure to notify the CotnpW'l)' 5haU in 00 case prcjooice the righ£& of any insured olDi! this policy unless the Company shall be prcjlodiecd by the failure and then only to tbe extcol of me prejudice, When. after the date: 0( 'ibe policy. the insured MtifiC$ the Company as required herein of .. lien, 􀁥􀁬􀁗􀀻􀁉􀁉􀁾􀀮􀀠JdVe15C: elaim or other detect in title to me Cllate or interest ill the lalMJ ins\,lred by this policy that is not excluded or ucepkd from tbe cO'lttagc of this polky, the Company sball prompdy investigate lhe cbarge 10 determine whether the lien, eocumbnu:x:e. adverse claim or defect it valid and DOt barred by law or SIaIUIe. The Company s.haI..l notify the insured in 'IN'Titing. widM • reasonable time, of its determination as to the validity or invalidity of the insured's claim or eharge under .the policy ..If the Compllny conc:lude$ that the lien. encumbranee, adverse claim or defel;;t is not covered by this policy. Of was otherwise addressed in the CIMing of the tr;m.saction saction in 􀁾with whkb this policy was WiJed, the Company .sIwlI spcdfically advise the insured of the reuom: for its determination. H the Company concludes that the lien, 􀁾􀀮advene claim or def«t is valid. th!e Company slmll taU ODe of dlt fOllowiD& attious: (i) _lUte the oecessary proceeding! UJ en the lien, 􀁾􀀮adVCtle claim or defect from the !ilk to Ibt e.statc as 􀁾􀀻(li) indemnify the insInd as provided in this policy; (iii) up w 􀁾IIII :;)Q) tn 􀁾􀀮c: tn;: o conlrOversy or claim between the Company and the Insured arising oul of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or olher obligation. All 􀁡􀁲􀁾􀁩􀁴􀁲􀁡􀁢􀁬􀁥 􀀠matters when the Amounl of Insurance is SI,Ooo,ooo or less SHAJ I BE arbitrated aI the request ofeither the Company or the IDsured, unless the Insured is an individual person (as distinguished from a corporation, trust. partnership, association or other legal entity). All arbitrable matters when the Amount of Insurance is in excess of S 1,000,000 shall be arbilraled only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of of thc Insured, the Rules in effect at Dale of Policy shall be binding upon the parties. The award may indude attorneys' fees only if the laws of the state in which the land is located permit a court to award altorncys' fees to a prevailing party. Judgment upon the award rendered by the Arbilralor(s) may be entered in any court having jurisdiction thereof. The Law of the situs of the land shall apply 10 any arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 15. UABIUTY UMITED TO THIS POUCY: POUCY ENTIRE CONTRACT, (a) This policy logcther with all 􀁥􀁮􀁤􀁯􀁾􀁭􀁥􀁮􀁴􀁳􀀬􀀠if any, al1ached hemo by the Company is the enlire policy and coniraci belween the insured and lhc Company. In inlerpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage, whelhcr or not based on negligence, and which arises 001 of the stalUS or the tille 10 the eslate or inleresl covered hereby or by any aClion assening such claim, shall be reslricted to this policy. (c) No amendmenl of or 􀁥􀁮􀁤􀁯􀁾􀁭􀁥􀁮􀁬􀀠10 this policy can be made ellcepl by • wriling endorsed hereon or attached herelo signed by eilhcr the President. a Vice Presidenl. the Secretary, an Assistant Secretary, or validating officer or authorized !ignatory of Ihe Company. 16. SEVERABILITY. In the evenl any provision of the policy is held invalid or unenforceable under applicable law, the policy shall be deemed 001 10 include thai provision, and all other provisions shall remain in full force and effecl. 17. NOTICES, WHERE SENT. All nOlices required 10 be given the Company and any slalement in writing required to be furnished the Company shall include the number of Ihis policy and shall be addressed 10 the Company at: Firsl American Title InsufiUlce Company, 1500 S. Dairy Ashford, Suile 300, Houston, TX 77077. COMPLAINT NOTICE. Should any dispute arise about your premium or about a claim thai you have filed, contact the agent or wrile to the Company Company that issued Ihe policy. Ifthe problem is not resolved, you also may wrile the Tcxas Department ofInsurance, P.O. Box 149104, Austin, TX 7g714-9104, Fax No. (512) 305·7426. This notice ofcomplaint procedure is for information only and does not become a part or condition of this policy. 1 POLICY "UMBER >4 POt ICY ,IjII')UJIT 1 EffECTIVE DAn 2 PROPERlY lYl'E 5 􀁐􀁾􀁅􀁈􀁉􀁜􀁉􀁍􀀺􀀠S st/!I;vn ,lJlfIICM£ltTOWNER POLICY: .1 'GUilTY 5 AAH COOE 9 AOOll'HillAl tltAlIlS 084133 0 1 CI 113 2 • 4 30,000.00 • 404.00 1000 • 10/07/2004 7 60.60 od • 9 FIRST AMERICAN TITLE INSURANCE COMPANY OWNER POLICY OF TITLE INSURANCE GF NO. OR FIlE NO. DATE OF POLICY AMOUNT OF INSURANCE TilE POUt)' IIUKSU SltOlIJI 0" INts SCJtEOUU MUst > POLICY NUMBER 02R05319 SJ7 10/07{2004 at 03:32 PM $ 30,000.00 ACREE \11TH IHE PRE-PlIfllTED MUH8!iR 01 IHE 084133 0 COVER 􀀤􀁍􀁾􀁅􀁔􀀮􀀠Schedule A 1. Name of Insured: Town of Addison, Texas 2. The estate or InteIllst in the land that I. covered by this policy I.: Easement 3. TItle to the estate or interest In the lend Is insured as vested In: Town of Addison, Texas 4. The lend referred to In this policy Is described esfollows: Being a 0.023 acre, more or less, tract of land located in the Edward Cook Survey, Abstract No. 326, Town of Addison, Dallas County, Texas, and being more particularly described on Exhibit A attached hereto and made a part of for all purpose. REPUBLIC TITLE OF TEXAS, INC. :t#'{;'UtC C_ 􀁳􀁩􀁾Countersigned at DALLAS, TEXAS Republic Title of Texas, Inc., Patricia A. Sherman Bruce, Senior V.P. Authol1zvd CountertlgnalW'G THIS POLICY IS INVALID rexu fon'll 􀁬􀂷􀁈􀁫􀁾􀀮􀀠1I1/9Jj UNLESS THE COVER SHEET OWIlt"r 1"01 􀀡􀁣􀁾􀀠-Fare IIrucrlbll'Q br St..te Boar!J of IlIlurlntt of Te,t;UAND SCHEDULE B ARE ATTACHED. FIRST AMERICAN TITLE INSURANCE COMPANY 084133 0 Exhibit A GF-Number 02R05319 Easements as set forth in the Easement Agreement, by and between Sultana K. Chanaa and Town of Addison, Texas dated 06/10/2003, filed 10/07/2004, in Volume 2004194, Page 7587, Deed Records of Dallas County, Texas, over the following described property: Being a parcel of land out of a 0.69 acre tract of land located in the Edward Cook Survey, Abstract No. 326, in the Town of Addison, Dallas County, Texas, conveyed to Sultan K. Chanaa, by a deed now of record in Volume 2002215, Page 01991, of the Deed Records of Dallas COunty, Texas, and being Block I, Lot 2 of the Sambuca II/Filling Station Addition, an addition to the Town of Addison, Texas, said parcel of land being more particularly described as follows: BEGINNING at a point for a corner, said paint being N 89 degrees 49 minutes 29 seconds W, 2.00 feet from the southeast corner of said 0.69 acre tract and N 89 degrees 49 minutes 29 seconds W, 12.00 feet from the northeast corner of a 0.774 acre tract of land conveyed to James E. Sauls, by a deed now of record in Volume 77153, Page 01028, of Deed Records of Dallas County, Texas, and said northeast corner of 0.744 acre tract being in the west right-of-way line of Addison Road, (generally a 60 foot right-of-way and generally 30 foot to the center line), said Beginning Point peing N 00 degrees 49 minutes 02 seconds W, 149.31 feet from a found 1/2 iron rod in the south line of said 0.774 acre tract and also being the northeast corner of a 1.0289 acre tract of land conveyed to Gartner-Plano Company, by a deed now of record in Volume 91248, Page 03622, of Deed Records of Dallas County, Texas; THENCE N 89 degrees 49 minutes 29 seconds W, along the south line of said 0.69 acre tract, and along the north line of said 0.774 acre tract for a distance of 8.00 feet to a paint for a corner; THENCE N 00 degrees 13 minutes 00 seconds E for a distance of 127.35 feet to a point for corner, said point being in the north line of said 0.69 acre tract and and in the south line of 1.48 acre tract of land conveyed to Sambuca Partners Limited Partnership II, L.P. by a deed now of record in Volume 94100, Page 05581 of the Deed Records of Dallas County, Texas; THENCE S 89 degrees 29 minutes 00 seconds E along the north line of said 0.69 acre tract and the south line of said 1.48 acre tract, a distance of 8.00 feet to a point for corner, said paint being N 89 degrees 31 minutes 14 seconds E, 318.89 feet and S 00 degrees 13 minutes 00 seconds W, 212.21 feet from a found 5/8 iron rod being the southwest corner of a 1.316 acre tract of land conveyed to Dyson Enterprises, LP by a deed now of record in Volume 2000034, Page 2494 of the Deed Records of Dallas County, Texas and the northwest corner of said 1.48 acre tract; THENCE S 00 degrees 13 minutes 00 seconds W, and being 42 feet, more or less, from the centerline of Addison Road, a distance of 127.30 feet to the Point of Beginning and containing 1,018.59 square feet (0.023 acres) of land. FIRST AMERICAN TITLE INSURANCE COMPANY 084133 0 Exhibit A (Continued) GF-Number 02R05319 NOTE: The Company is prohibited from insuring the area or quantity of the land described herein. Any statement in the above legal description of the area or quantity of land i8 not a representation that such area or quantity is correct, but is made only for informational and/or identification purposes and does not override Item 2 of Schedule B hereof. " FIRST AMERICAN TITLE INSURANCE COMPANY OWNER POLICY OF THE POLICY HUHBER SIiOIiIi TITLE INSURANCE OK THtS SCHEDULE MUST GF NO. OR FILE NO. 02R05319 SJ7 DATE OF POLICY 10/07/2004 AGREE IIITH THE PRfPRlllTED MUHBfR OM THf coveR SHEET > POLICY NUMBER 084133 0 Schedule 8 EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees or expenses) that arise by reason of the terms and 􀁣􀁯􀁮􀁤􀁾􀁩􀁯􀁮􀁳􀀠of the leases or easements insured, if any, shown in Schedule A and the following matters: 1. [Intentionally Omitted] 3. Homestead or 􀁣􀁯􀁭􀁭􀁵􀁮􀁾property or survivorship rights, if any, of any spouse of any insured. 4. Any 􀁴􀁾􀁬􀁥􀁳􀀠or rights asserted by anyone, including but not 􀁬􀁩􀁭􀁾􀁥􀁤􀀠to, persons, the public, corporations, governments or other entities: a. to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams, lakes, bays, gulfs or oceans, or b. to lands beyond the line of the harbor or bulkhead lines as established or changed by any government, or c. to filled-in lands, or artificial islands, or d. to statutory water rights, including riparian rights, or e. to the area extending from the line of mean low tide to the line of vegetation, or the right of access to that area or easement along and across that area. 5. Standby fees, taxes and assessments by any taxing 􀁡􀁵􀁴􀁨􀁯􀁲􀁾􀀠for the year 2004, and subsequent years; and subsequent taxes and assessments by any taxing 􀁡􀁵􀁴􀁨􀁯􀁲􀁾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 property under Section 11.13, Texas Tax Code, or because of improvements not assessed for a previous tax: year. S. The following matters and all terms of the documents creating or offering evidence of the matters CNe must insert matters or delete this exception.): a. 24' mutual access easement as shown on Map recorded in Volume 94117, Page 6134, Map Map Records, Dallas County, Texas. b. Terms, provisions and conditions set forth in the Easement Agreement, by and between Sultana K. Chanaa and Town of Addison, Texas dated 06/10/2003, filed 10/07/2004, in Volume 2004194, Page 7587, Deed Records of Dallas County, Texas. c. Section 14 of the Conditions and Stipulations of this policy is hereby deleted. Page 1 of Sched. 8 Owner Pollc)' . Form prelcrlbed by Slate Bo.rd of Innranee IIf Te.r.u l'IIUC'YlMU .. ,oue, NtGtIIT I t:meuYi IA1£ 􀁾􀀠PACIU" 0'1'£ S ,.911011 a wavn AlCEtGHEllOWNER POLICY: 3 COllin Ii lAte CODi , ADOllICML (MilS 084133 0 1 CI 113 • 3 , 30,000.00 • 404.00 1000 • 10/07/2004 7 60.6"0 OC • • FIRST AMERICAN TITLE INSURANCE COMPANY OWNER POUCY OF TITLE INSURANCE GF NO. OR A1.E NO. 02R05319 SJ7 DATE OFPOLICY 10/07/2004 at 03,32 PM AMOUNT OF INSURANCE $ 30,000.00 flit: POLfCY MIRIER $IIM !:u:,t!UUstli;:E 􀁾􀀺􀁾􀀠> ,unto _n 01 IRE POUCY NUMBER 084133 0 Ctlytlt SItU. Schedule A 1. Name of Insured: Town of Addison, Texas 2. The..-Of 􀁉􀁮􀁴􀁥􀁾In Ihe'ondIhat Is covered by !hI.poIIoy is; Easement 3. Th!e10 th. eslata or1._In the land I,lnsured as ""sled In; Town of Addison, Texas 4. Tho'aruI """rred 10 In IIlls policyIsd_rlbed ..loIIows: Being a 0.023 acre, more or less, tract of land located in the Edward Cook Survey, Abstract No. 326, Town of Addison, Dallas CoWlty, Texas, and being more particularly described on Exhibit A attached hereto and made a part of for all purpose. REPUBLIC TITLE OF TEXAS, INC. Countersigned at DlUiLAS, TEXAS Republic Title of Texas, Inc., V.I'. 􀁊􀁩􀁾􀀺􀁵􀀻􀀮􀀢􀁌􀁾􀀮􀀺􀀺􀁾􀁾􀁃􀁯􀁵􀁮􀁢􀁭􀁬􀁬􀁧􀁬􀀧􀁜􀁡􀁴􀁵􀁭􀀠THIS POUOY IS INVAUD Inill rof'll. r· Hltll. tllIlIl) UN!.ESS THe COVER SHEI!T AND SCHEDULE BARE ATTACHED. FIRST AMERICAN TITLE INSURANCE COMPANY 084133 0 Exhibit A GF-Nurober 02R05319 Easements as set forth in the Easement Agreement, by and between Sultana K. Chanaa and Town of Addison, Texas dated 06/10/2003, filed 10/07/2004, in Volume 2004194, page 7587, Deed Records of Dallas County, Texas, over the following described property: Being a parcel of land out of a 0.69 acre tract of land located in the Edward COOk SUrvey, Abstract No. 326, in the Town of Addison, Dallas County, Texas, conveyed to SUltan K. Cbanaa, by a deed now of record in Volume 2002215, Page 01991, of the Deed Records of Dallas County, Texas, and being Block 1, Lot 2 of the Sambuca II/Filling Station Addition, an addition to the Town of Addison, Texas, said parcel of land being more particularly described as follows: BEGINNING at a point for a corner, said point being N 89 degrees 49 minutes 29 seconds W, 2.00 feet from the southeast corner of said 0.69 acre tract and N 89 degrees 49 minutes 29 seconds W, 12.00 feet from the northeast corner corner of a 0.774 acre tract of land conveyed to James B. Sauls, by a deed now Of record in Volume 77153, Page 01028, of Deed Records of Dallas County, Texas, and said northeast corner of 0.744 acre tract being in the west right-of-way line of Addison Road, (generally a 60 foot right-of-way and generally 30 foot to the center line), said Beginning Point being N 00 degrees 49 minutes 02 seconds W, 149.31 feet from a found 1/2 iron rod in the south line of said 0.774 acre tract and also being the northeast corner of a 1.0289 acre tract of land conveyed to Gartner-Plano Company, by a deed now of record in Volume 91248, Page 03622, of Deed Records of Dallas COunty, Texas; THENCE N 89 degrees 49 minutes 29 seconds W, along the south line of said 0.69 acre tract. and along the north line of said 0.774 acre tract for a distance of 8.00 feet to a point for a corner; THENCE N 00 degrees 13 minutes 00 seconds E for a distance of 127.35 feet to a point for corner, said point being in the north line of said 0.69 acre tract and in the south line of 1.48 acre tract of land conveyed to Sambuca Partners Limited PartnerShip II, L.P. by a deed now of record in Volume 94100. Page 05581 of the Deed Records of Dallas COunty, Texas; THENCE S 89 degrees 29 minutes 00 seconds E along the north line of said 0.69 acre tract and the south line of said 1.48 acre tract, a distance of 8.00 feet to a point for corner, said point being N 89 degrees 31 minutes 14 seconds E. 318.89 feet and S'OO degrees 13 minutes 00 seconds W, 212.21 feet from a found 5/8 iron rod being the southwest corner of a 1 .. 316 acre tract of land conveyed to Dyson Enterprises, LP by a deed now Of record in Volume 2000034, Page 2494 of the Deed Records of Dallas COunty, Texas and the northwest corner of said 1.48 acre tract; THENCE S 00 degrees 13 minutes 00 seconds W, and being 42 feet, more or less, from the centerline of Addison Road, a distance of 127.30 feet to the Point of Beginning and containing 1,018.59 square feet (0.023 acres) of land. FIRST AMERICAIiI TITLE INSURANCE COMPANY 084133 Q Exhibit A (Continued) GF-Number 02R05319 NOTE: The Company is prohibited from insuring the area or quantity of the land described herein. Any statement in the above legal description of the area or quantity of land is not a representation that such area or quantity is correct, but is made only for informational and/or identification purposes and does not override Item 2 of Schedule B hereof. COWLES &THOMPSON A Professional Corporation ATTORNEYS AND COUNSELORS ANGELA K. WASHINGTON 214,612..2144 AWASHINGTON@COWLESTHOMPSON.COM October 26, 2004 Mr. Steve Chutchian Assistant City Engineer Town ofAddison P.O. Box 9010 Addison, TX 75001-9010 RE: TOWII ofAddison v. Sultall K. Clla/laa, et al.; Cause No. CC04-09490-A Parcel 2 (Sultan Chanaa), Addison Widening of Road Project Dear Steve: Enclosed for your records is a copy of the Order Granting Nonsuit in the above-referenced case. I have been advised that Special Connnissioners were never appointed; therefore, this' case should be closed. If you have any questions, please give me a call. Sincerely,&.!:_otJ#--_J AKW/yjr Enclosure c(w/o Enc.): Mr. Mike Murphy (w/o Enc.) Mr. Ken C. Dippel 901 MAIN STREET SUITE 4000 DALLAS, 'rEXAS 75202-31f;!3 TEL 214.672.2000 FAX 214.672,2020o ALL A S T Y L E R WWW.COWLESTHOMPSON.COM Dtitumcll! Ii: 11314'13 CAUSE NO. cc-04-09490-a TOWN OF ADDISON, § IN THE COUNTY COURT Plaintiff, § § v. § AT LAW NO. 1 § SULTAN K. CHANAA, et al., § Defendants. § TARRANT COUNTY, TEXAS ORDER GRANTING NONSUIT ON THIS DAY came on to be considered and reviewed the nonsuit motion of 􀁾􀀢Or;;. 􀁁􀀨􀁘􀁗􀁾Plaintiff, and the motion is well taken and should be granted. IT IS, THEREFORE, ORDERED, that the above action be and it is hereby dismissed without prejudice to Plaintiff's right to reinstitute it, that it be removed from the docket ofthe Court; and that all costs incurred be taxed against Plaintiff. SIGNED this \rf"daYOf 􀁾􀀠,2004 JUDGE PRESIDING \\serverlH\Company Shared Folders\Boy1e·Lowry\Genem.1LAw\gm-addison\gm-addison v chanaa\gm-addison v. chanaa -nonsuitdoc ORDER GRANTING NONSUIT PAGEl OCT-07-2004 04:13 COWLES &THOMPSON 2146722020 P.01/14 COWLES &THOMPSON FACSIMILE COVER PAGE Time: ______Date: October 7,2004 Total Number of Pages (including this sheet): ..l!iNormal/Rush: Normal Client/Matter #: 3195/64818 TO: (1) Carolyn Burgette (2) Mike Murphy (3) Stave Chutchian FAX; 972.450.7065 FAX: 972.450.2837 FAX: 972,450.2837 PHONE: PHONE: PHONE: FROM; Angala K. Washington Direct Dial #; (214) 672-2144 MESSAGE: RE: Parcel 2 (Sultan Chanaa), Addison Widening of Road Project IF YOU HAVE ANY PROBLEMS WITH THIS TRANSMISSION, PLEASE CALL Yolanda Rodriguez at (214) 672-2629 Thank you. IMPORTANliCONFIDENTIAL; This message is intended only for the use of the individual or entity to which it is addressed. This message contains Information from the law firm of Cowles & Thompson which may be privileged. confidential. and exempt from disclosure under applicable law. If tile reader of this message is not the Intended recipient or Ihe employee, or agent responsible for delivering the message to the intended recipient. you are hereby notified that any disseminaUon, distribution. or 􀁾􀁯􀁰􀁹􀁪􀁮􀁧􀀠of this communication i$ strictly prohibited. If you have received this communication in error, please notify uS immediately at our telephone l1umber (214) 672·2000. Wr. will be happy to arrange for the return of this message to us, via Ihe United States Postal Service. at 110 cost to you. '01 ".lIN STJI:u:r JUnE 4000 G4LL.S. TEXAS U2:0Z·31'3 DALLAS 'IVL£R TB 21<.672,20•• fU 114.612.%02. WWW.COWlE.THOMPS08 .COM OCT-07-2004 04:13 COWLES & THOMPSON 214G722020 P.02/14 COWLES &THOMPSON A 􀁐􀁲􀁯􀁦􀁥􀁳􀁊􀁩􀁯􀁮􀁾􀀧􀀠􀁃􀁯􀁲􀁰􀁯􀁲􀁾􀁬􀁩􀁯􀁩􀁪􀀠ATTORNEYS AND COUNSELORS 􀁁􀁈􀁇􀁾􀁾􀀬􀁗􀁁􀁓􀀢􀁾􀁔􀁏􀁈􀀠:t14.f72.21.u: AWASHJH41OHOC:OWLESTHOMPSON..COM October 7, 2004 VIA FACSIMILE (971) 450.7065 Ms. Carolyn Burgette Accounting Manager Town ofAddison P.O.Box90JO Addison, TX 75001-9010 RE: Parcel :z (Sultan ChaDaa) Addison Widening of Road Project Dear Carolyn: In coIllleclion wilh Parcel 2, Addison Widening of Road Project, enclosed are the following documents: I. A copy of the executed PurGhaser's Settlement Statement; and 2. A copy ofthe executed Easement Agreement. Repl1blie Title bas sebeduled Closing for next MODday, October 11, 2004. Once the money has been forwarded 10 Republic Title, they will forward the purchase price to the Seller. Wiring instructions are enclosed. Ifwe CaIIDot meet the dosing date, please let me know at your earliest convenience. Thank you for your assistance. Sincerely, 􀀦􀀮􀁌􀁲􀁲􀀷􀁾􀀠 AKW/)jr Attachments c wlo Attachments: Mr. Mike Murphy Via Facsimile (972) 450·2837 Mr. Steve Chutchian Via Facsimile (972) 45{)"2837 Mr. Ken C. Dippel, w/flrm '01 MAtH STREET SUITE 4tHHl DALLAS, 'fEXA.S 􀀷􀁓􀀲􀀰􀁾􀀮􀀳􀀱􀀹􀀳􀀠DALLAS T Y l £ Il TeL 􀁴􀀱􀀴􀀬􀀶􀁈􀀬􀁕􀁾􀁏􀀠"AX 214.672.2020 WWW.COWLf.SjIH)MPS ON. C()M OCT-07-2004 04:13 COWLES & THOMPSON 2146722020 P.03d4 101011200.. at: 80 PW TOWN 0' ADOI$ON 􀁾􀀠􀁔􀁏􀁾􀀠􀁾􀁌􀁌􀀠112 .4G 10" tIl REPVBUC'mLEOF TEXAS, JNC. --I 􀁐􀁕􀁒􀁾􀁴􀀠PIlCO!h 􀀧􀁥􀁲􀁍􀁲􀁾􀁾􀀠PI.W: awoa... 􀀮􀁾..􀁾􀀭􀀭]0,000,00$ $ 20.00$ IlOO.oaI .j04.QO • $ 60·$2$ ,$ I• • 1.00 51 .11 • • ••• • S•••$ • _.• • • • I $ • • • s ,•i6iUf QWiDEB Ul.U ""OIIU _ 1M: BY plll\alA8llt !O.&al. " 􀁴􀀮􀂣􀁄􀀢􀁾􀀠CRml"lS • ,• $ f • • •$• $ S """" CUDlB $ ·°2$lL1llC1 WI BY PUiOlUBR lOI8al."• ....................OtoIiIrt.t...............tMI...................a._____..........􀁾.......... ......_ .................,."-..t...,......-..........,.....,"'...........,,diMt...... ..................w.....--.........__...............r........,..........."'............... ......,.." .............-*.......,.....-........,...............,...,.......􀁾............ .,........,...",..,.,..............."r--................................ ...................􀁟􀁴􀀮􀁲􀁾..... .......... -• .....,........ot...........􀁾􀀬􀀮􀁟􀁾..............􀁾..."'"tlfWI....... OCT-07-2004 04:13 COWLES & THOMPSON 21467221320 P.f:l4/14 IO/07/l0a, 01:'0 PM TOWN or ADDISON -TOWN 􀁈􀁁􀁾􀁌􀀠iTt '$0 1043 􀁾􀁉􀀩􀀠StU...: S'llL.'I.&8 l. CUlM Mcbln: 't4'lll\ of ' ••UOSl Propn:t;;y; ...... OtO:' .CJf., .-.n'tJ 􀁾􀀠tall.. t:£ut. of J.' loene.s ta IUv4 CollIE '1K'ft1, ..nnet Ma. 'U. 'fCMl of ""'41,an, DUl.t. .. C/NOt". 'I... OCT-07-2004 04:13 COWLES & THOMPSON 2146722020 P.05/14 " " . EASEMENT AGREEMENT -_.--This Agreement is made and entered into by and between Sultana K. Chanaa ("Grantor"), and the Town ofAddison, Texas (the "Town"). WITNESSETH: WHEREAS, Grantor is the sole owner of certain real property located in the Town of Addison and described in Exhibit A attached hereto and incorporated herein (the "Easement Property"); and WHEREAS, the Town of Addison intends to construct an extension of Addison Road through the Town (the "Addison Rnad Extension Project"). part of which will be located upon and over the Easement Property; and WHEREAS, the Town desires to acquire an exclusive and perpetual easement in, over, across, upon, under and through the Easement Property for sireet right-of-way and other public PUIPoses in connection with the construction of the Addison Road Extension, and Grantor desires to sell and convey such easement to the Town; NOW, THEREFORE, for and in consideration of the mutual covenants and agreements agreements herein contained, Sultan K. Chanas and the Town of􀁁􀁤􀁾􀁩􀁳􀁯􀁮􀀠agree as 􀁦􀁯􀁬􀀱􀁯􀁾􀁳􀀺􀀠1. Graat of EaSement. For and in consideration ofthe sum set forth in 2. below in hand paid by the Town, the receipt and sufficiency of which is hereby acknowledged and confessed, Grantor has GRANTED, SOLD AND CONVEYED, and by theses presents does GRANT, SELL AND CONVEY unto the Town of Addison, Texas, its successors and assigns, a perpetual and exclusive easement and right-of-way (the "Basement") in, over, across, upon, under and through the property descnbed in Exhibit A and depicted on Exhibit B (tbe "Easement Property") (the said Exhibits being attached hereto and incorporated herein). 2. Consjderation. This easement is granted, sold and conveyed in consideration of the Town's payment to Grantor of the sum of Thirty Thousllnd and No/IOO dollars ($30,000.00), the receipt and sufficiency of which is acknowledged as full compensation for the Easement, any damage to or diminution in value of the Remainder Remainder or any other lands or property belonging to Grantor that may be claimed or asserted by virtue of such grant, sale and conveyance and use of the Easement and the Easement Property by the Town, and to avoid the cost and expense of litigation. For PUIPoses of this Agreement, the term "Remainder" shall mean that propeny described in the Warranty Deed attached as Exhibit C, save and except the Easement Property. 3. PUfpo!le of Easement; Other Provisions. A. The Easement, together with all of 􀁩􀁴􀁾􀀠rights and privileges, may be used by the Town, its employees, contraotors, agents, SUccessors, lind assigns in connection with activities relatiDg to the construction. placement, installation, reconstruction, relocation, alteration, operation, use, inspection, maintenance, improvement; and modification of landscaping, irrigation, lighting, utility, sidewalk, or other parkway improvements, or for such other public purposes as the Town from time to time deems necessary, appropriate. or desirable in the Town's 􀁄􀁯􀁥􀁜􀁬􀀡􀁬􀁬􀁾􀁉􀀧􀀮􀀧􀀠􀀱􀁾􀀱􀀹􀁓􀀱􀁬􀀠 OCT-07-2004 04:13 COWLES & THOMPSON 2146722020 P.0b/14 sole discretion, with respect to the Project. The Town may perform all excavation, boring, backfilling. embedding, drilling, grading, and other construction activities as the Town from time to time deems necessllry, appropriate, or desirable in the Town's sole discretion, with respect to the Project and the improvements within the Easement. The Town shall, at all times, have the right of ingress and egress to and from the Easement and the Easement Property as the Town may deem necessary, appropriate, or desirable. B. Grantor acknowledges and agrees as follows: (i) The Town may authorize md permit third parties to use the Project on such terms as the Town in its sole discretion deems appropriate, but no third parities. including the general public, shall acquire any rights in the Easement or the Easement Property as a result of such use. (ii) Grantor shall not consttuct or place within the Easemenl Property any building, fence, wall, plant, or other structure, improvement, or growth of any character or type which would interfere, in the Town's sole detennination, with the Easement, with the Project or with any improvements within the Easement. The Town shall have the right to remove, and keep removed, all or part ofany such building, fence, plant, or other strucrure, improvement or growth ofany character or type that is located within the Easement Property and which, in the judgment of the Town, may endanger or In any way interfere with the construction, efficiency, or convenient and safe operation ofthe Project or the exercise of the Town's rights hereunder. C. Grantor, its successors and assigns, may fully use and enjoy the Easement Property, except that such use and enjoyment shall not hinder, conflict or interfere with the exercise ofthe tDwn'S rights hereunder or with the safe and efficient operation of the Project. 4. Existln!: Fountains. Existing fountains located in the Easement Area shall remain. and shall be protected during construction. S. Exi3tinll Trees. Existing mature trees removed from the Easement Area due to construction or work performed under this Agreement shall be replaced with three new Red Oak trees and other landscaping and proposed facilities, all of which will be located within the Easement Area as determined by the Town. 6. Warranty of TItle. TO HAVE AND TO HOLD the Easement, together with all and singular the rights, privileges, md appurtenances thereto in anywise belonging, unto the Town of Addison, Texas. its successors and assigns; and Grantor does hereby bind itself, its representatives, successors, and assigns to WARRANT AND FOREVER DEFEND all and singUlar the Easement and rights conveyed in this instrument unto the Town ofAddison, Texas, its representatives, successors, and assigns, against every person whomsoever lawfully claiming or to claim all OT any part of the interest in the Property. 7. Exclusiveness of Easement. The easement. rights. md privileges granted by this conveyance are exclusive, and Grantor covenants not to convey any other easement OT conflicting rights in the area covered by this grant. S. Governjng I,aw; Venue. In the event of any action under this Contract, venue for all causes of action shall be instituted md maintained in Dallas County, Texas. The parties agree that the laws of the State of Texas govern the validity, construction, enforcement and OCT-07-2004 04=13 COWLES & THOMPSON 2145722020 P.07/14 interpretation of this Agreement; and, with respect to any conflict of law provisions, the parties agree that such conflict of law provisions shall not affect the application of the law of Texas (without reference to its conflict of law provisions) to the governing, interpretation, validity and enforcement ofthis Agreement. 9. Entire Agreement. This Agreement contains the entire agreement between the parties relating to its subject matter. Any oral representations or modifications concerning this Agreement shall be of no force and effect. Any subsequent amendment or modification must be in writing and agreed to by both parties. 10. Autbority. The undersigned are the properly authorized officials or persons and have the necessary authority to execute this Agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolutions or other act extending such authority have been duly passed and are now in full force and effect. 11. Binding ElTett. This Agreement shall bind and inure to the benefit of the respective parties, their personal representatives, successors, and assigns. Executed this .l..Q.. day of Jl.. l li... .2003 GRANTOR: SuitaD K. CbaDaa Executed this23 day of j lM\c... .2003 TOWN OF ADDISON -By: ---OCT-07-20B4 04:14 COWLES &THOMPSON 2146722020 P.0B/14 STATE OF TEXAS § COUNTY OF DALLAS § BEFORE 􀁾􀀻􀀠the undersigned notary public in and for said county and state, on thisIQ day of l I 1\ C , 2003, personally appeared Sultan K. Chanaa, known to me to be the identical person who eXeGuted the within and foregoing document, and acknowledged to me that he executed the same as his free and voluntary aet and deed, for the usee and purposes therein set forth. GIVEN UNDER my hand and seal ofoffice the day and year last above written. MY COMMISSION EXPIRES: 􀁌􀁩􀀮􀁾􀀧􀁾􀀠CHRISTYM. ALEXANDER􀀨􀁾􀁾􀁝􀀠NOTARY PUBLIC -'!)l -STATS OF TEXAS 􀁾􀀧􀁩􀀧or 􀁾􀀠My Comtn. Exp. 05·05·07 STATE OF TEXAS § COUNlY OF DALLAS § BEFORE ME, the undersigned notary public in and for said county and state, on this :...2?. day of <;.) 􀁾􀀬􀀠, 2003, personally appeared Ron Whitehead, City Manager for the Town of Addison. and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person or entity upon behalf of which he acted eXeGuted the instrument Cor tbe uses and purposes therein set forth. GIVEN UNDER my hand and seal of office the day and year last above written. MY COMMISSION EXPIRES; MICHELE L. COVINO OCT-07-2004 04: 14 COWLES &THOMPSON 2146722020 P.09/14 EXHIBIT A 51I3102 TOWN OF ADDISON, TEXAS FIELD NOTE DESCIUl'TlON FOR 􀁁􀁄􀁄􀁦􀁦􀁩􀁏􀁎􀁒􀁏􀁁􀁄􀁐􀁾􀁁􀁙􀁅􀁾􀁍􀁅􀁎􀁔􀀠SULTAN K. CBANAA BElNG a parcel of land out of a 0.69 acre tract ofland located in the Edward Cook SW'Vey, Abstract Nc-. 326, in the Town of Addison, Dallas County. Teltas, conveyed to Sultan K. Cbanaa. by a deed now of record in Volume 2000215,I'a8e 01991, of the Deed Records of Dallas County, Texas, and being Block I, Lot 2 of the Sambuca Milling Station Addition, an addition to !he Town of Addison, Texas. said pan:el of land being more particillarly described as follows: BEGINNING at a point for a comer, said point being N 89"49'29" W, 2.00 feet from the southeast corner of said 0,69 acre tract and N 89°49'29" W, 12.00 feet from the northeast comer of a 0.774 acre met of land conveyed to lames E, Sauls. by a deed now ofrecoro in Volume 77]53, Page 01028, of the Deed Records of Dallas County, Texas, and said northeast comer of 0.744 aere 1X1Ict being in the west right-of-way line of Addison Road, (generally a 60 foot right-of-way and generally 30 fool 10 the center line), said Beginning Point being N 00· 49'02" W, 149.31 feer from a found 112 iron rod in the south line of said 0.774 acre Iracl and also being the northeasl comer oh 1.0289 􀁡􀁾􀀧􀁦􀁥􀀠tract of land conveyed 10 Gartner-Plano Company, by a deed now ofrccord in Volume 91248, Page 03622, ofthe Deed Records ofDalJas County, Texas: THENCE N 89· 49'29" W, along the south line of said 0.69 acre tract, and along the north line of said 0,774 acre tract for a distance of8.00 feet to a point for comer; lHENCE N 00'13 '00" E for a distance of 127.35 feet to a point for comer. said point being in the north line of said 0,69 aere tract and in the liOuth line of a 1.48 acre met ofland conveyed to Sambuca PartnetS Limited Partnership n, L.P. by a deed now of record in Volume 94100, Page OSS81 of the Deed Records of DalJas County. Texas; THENCE S 89"29'00" E along the north line of said 0.69 acre tnIct and the south line of said I.4S acre Iraet, a distance of 8.00 fect to a point for comer, said point being N 89° 31 '14" E. 318.89 feet and S 00'13'00" W. 212.21 feet from a found 5f8 iron rod being the southwest comet ofa 1.316 acre 1X1Ict ofland conveyed to Dyson Enterprises, LP by a deed now ofrecord in Volume 2000034, Page 2494 of the need Records of Dallas County, Texas and the northwest corner of said 1.48 acre tract; lHENCE S 00"13'00" W. and being 42 feet, more or leas. from the centerline ofAddison Road, a distance of 12'7.30 feet to the Point ofBeginning and containing 1,018.59 square feet (0.023 acres) ofland. • 􀀭􀁾􀀠" ..... 1IN\.1\\l1!) EXHIBITB 􀁾􀀭􀀭-----:.71' E----1/4 I.R.f. 􀀬􀁾􀁴􀁣􀀬􀀧.."'------0 􀁾􀀠0\1\<; .pl ------5/S-I.R.r ---r-r􀁾􀀠'. c,\ 􀁾􀀢􀀠...-----' 5/S.I.R.F. _-I" .-/'" -.. !::l. rWlllC1A EDWARD COOK SURVEY I 􀁓􀁃􀁾􀁅􀀮􀁬􀂷􀀽􀀶􀁇􀂷􀀠􀀭􀀢􀁉􀁩􀁾􀀠_, ASST. NO. 326 ""-r--lSI._---r= '-s/S" I.H. SAM8UCA lI/flLLING ! ""-ADDISON CAR CARE 􀁾􀁏􀁄􀁬􀁔􀁩􀁯􀁎􀀠-.. H" .____--STATION 􀁾􀀠VOL 87111. PG. 02B6 􀁾􀁦􀁾􀀠.____ I ADDITION :: I I I I .../:SUlTAN K. CHANAA I VOl. 94117, PG. 06134:;; I I I ... . 􀁾􀁖􀁏􀁬􀀮􀀠2000215. PC. Ol991l 􀁾􀀧􀀠I􀁾􀀠BlOCK I. LOT 2 SAlA8UCA PARTN{RS lIMIT£O i! I I I I I 􀁾􀀠'" PAl!lNERSIIIP II. L.P. .... I I I II I I 1, I 5/P; I.RJ. VOL 94100, PC. 05581 iI: 􀀬􀁾􀁉􀀠(') i .. I W{octA"-. 􀁉􀁾􀀠BLOCK I. LOT I til _. __.........» .._-. -• 􀁾􀁬􀁩􀁩􀀠:' ""-.. I Ii'< VOL 2000034, Pc. 1494 I JOINT VENl\JR£ inI; 􀁾􀁡􀀺􀀠􀁾􀁾􀁾􀁾􀁾􀁾􀀺􀀠;028 io=􀁊􀁅􀁾􀀽􀁴􀁉􀀺􀀯􀀠OlO LOT UNE Ii llI.OCK I, lOT I iI I \ 􀁜􀁉􀁏􀁬􀁬􀁏􀁾􀀶􀁾􀁾􀀶􀁡􀀬􀀮􀁾􀀠􀀴􀀬􀁾􀀶􀀮􀁾􀀺􀀠􀁾􀀡􀀠I : 􀁾􀀠I I I ' I 􀁾􀀠.-lO'8.59 􀁾F1. I I I I -ur.:􀁦􀀺􀁩􀀢􀀺􀀠: PROPOSED S' 0.02.1 ACRlS l I I ,'. 􀁾􀀠􀁾> I PAAKWAY EASEMENT .I S 8!1'Z9'OO· £ I I I LLI I II N &11'.9'20' Ii< I I 158.00-I I I' 1/2" IRf 8.00' 􀁾􀀠00'13'01)' 􀁛􀁉􀁾􀀧􀀮􀁬􀁓􀀱􀀠I 􀁾􀀠liZ" IRF -I I I I , --F􀀭􀀢􀀭􀁲􀁡􀁡􀀢􀁾􀀺􀀮􀀡􀀺􀀮---2122" (fI£f'£!!-8£-: "\\J ---􀁾􀁾􀁉􀀮􀀮􀁊􀁉S 00'13'00" If __I -, ---""""":nN '" ROAD 12' SIRE£'! OWll1ON CONe.ADDISON 􀁾􀀠_ 􀁾􀁾􀁬􀁾􀁾􀁎􀁾􀁾􀁾􀁾􀁾􀁾􀀺􀁓􀁏􀀺􀁈􀁾______________________-.:-*,..---H 8"49"0" '!!..-/'\ POINT 􀁕􀁾􀀠2.... 1/2' IRf, TOWN OF ADDISON. TEXASBEGINNING -'-ADDISON ROAO PARKWAY EASENENT ---x"m CONe. SULTAN K, CHANM • 􀁟􀁋􀁈􀁾􀀮􀀠t-£Hll1\!CltS &: 􀁃􀁏􀁎􀀧􀂫􀁁􀀢􀀧􀁾􀀠LLP.-r ....AV 2002 􀁾􀀠c,"SUI..T!JoI'¢f [.O!I(lO!OIaA' 'I '""'t 􀁾􀀠F ==r:£;;;:. 􀁾􀁉􀀢􀀧􀀽􀀺􀀭􀀮􀀮􀀻􀀮􀀢􀀧􀀧􀀧􀀧􀀠'I pi ,y 􀁾􀀠􀁾􀀠• \1l"."_ ...,.,. "'" N 􀁾􀀠lSI -u ..... '"..." ... 2146722020 P.jj/14COWLES &1HOMPSONOC1-07-2004 04:14 EXHlJ!ITC WARRANTY DEED WITH VENDOR'S LIEN cu. _. DAilllO!lll2l1 0 ....." 1IIE I'JI.UNlI STAnON DP ADD_.INC". '1'_"""" O--'lIIIIIfq_(I1101__􀁾􀀠_ ...su.r..m _.T.... 7.w1 1-0......) (1,_; IlILTAIU.CIWWI. .._ CoaI_ 'I1Io_.,1IHAllDCl!iIIlO DOl.LoIalllO.IIIl)""_....""VII_-.IM ....􀁾􀁉....I\IlIioi_.r .. Illli_....-_oIIw..",.1Ioo1IjIoI"'" ......•_y will boioolllf ...... III MI4 􀁾􀀠.. 0_. _',1oIn. -.. _._ Of ..... _.0......_0""'101I0Il0_.-._.-. ...,_...........-._111... •....., .,. ptOfJfI9 ..o.-'" 0-.. ,*" _.*1:...., ......... -IMIPJ......." ___IaWlllDjl.-.s .....,... III _or C'I "'" _r...lO .. iIIe _._.... ... •"'l'Ii..........,_..._. ,.. """,,'. u.. t;IIIuI ." IIIJI"Ioo Il1o .. AI 􀁾... _ ...a _ -_ .. IIiIIr JIIkI __,.;u ............GU----.___" ......"""""_____piwtl. AN,' IHT OOIIHTYQII _____lTATEOP-.u Niiii1....._afTall 􀀭􀀬􀀮􀀮􀀭􀁾NGIour·_......., 'CaIpDIIUe .... at 1& U SfilftOP'llllWl COUNTY 0'Ji' por r '" TiII ___................. ...MIL tor lAM Y. DORI'IW/• 'U&lDIIIII' •f//1lIlC. • I '.UiGtrpOl'lIW' .tldlaUarallih..,.. , • ·7ml21501992 IXffIBITC • OD" 􀁎􀁾􀀠t-AOIIam 03-,;:1 D215 01993 • OCT-07-2004 04:14 COWLES &THOMPSON 2145722020 P.14/14 2626 Hewell Streae 10th FloD" Dall•• , Tex•• 7520.4 (214) .,,-.... (214) 8Sl·Sl48 WIRING INSTiUCTIONS REGIONS BANK -􀁄􀁁􀁾􀁌􀁁􀁓􀀬􀀠TEXAS ABA *06200S690 \ TO CREDIT 􀁒􀁅􀁐􀁕􀁡􀁾􀁉􀁃􀀠TITLE OF TEXAS. INC. ESCROW ACCOUNT • UPTOWN ACCOUNT # 83 0933 4238 **GFD 02R05319 SJ7 UPON 􀁒􀀶􀁃􀁾􀁉􀁐􀁔􀀠NOTIFY, Paer1c1a or Heacner AT (.14) 85S-a888 REFERENCE, Piling Station *-THIS INFORMATION IS IMPORTANT FOR PROPER OREDIT TO OUR 8RANOH OFFICE FLEASZ INCLUDE IN THE WIRE INFORMATION RS'U8LIC TITI£ Of lEXAS.lNC. NA110NAl 􀁏􀁉􀁖􀁬􀁓􀁉􀁾AGENT FOR F"J'Alnmt41t Tide l1JJllftlnt;t CampQlfy TtTtJt mSuRANCE AGENT FOR.: 􀁣􀁮􀁬􀁣􀁬􀁯􀁾l'latlMl#lIIct CO/l'lffin),. Cornmo"_al!.,, t..-d TI/Ieo Iolul'DI'lc" ea",p.any. ':1"" 􀁁􀀮􀁭􀁬􀁬􀁲􀁩􀁾􀀠Tln.fltIUIMe. Com,MY. La"'Y_ 'tUM, lrltUflf\C' Coo'p.o",loro, O. 􀁾􀁉􀁾Nl:llonal Tnl,IMuranc. 􀁃􀁾􀀢􀀧􀁐􀁉􀁉􀁉􀁙􀀧􀀠ana Tlco, 􀁮􀁬􀁬􀀮􀁬􀁮􀀮􀁉􀀬􀁉􀁉􀁾􀀢􀀠COI'IIJ>l"'tV 01 C.Qf.ft'll. TOTAL P.14 􀁏􀁃􀁔􀁾􀀷􀀭􀀲􀀰􀀰􀀴􀀠04:15 COWLES &THOMPSON 2146722020 P.01/14 COWLES &THOMPSON A ProhSSlonal COrpU>lllDIl FACSIMILE COVER PAGE Time: ___-__Date: October 7.2004 Total Number of Pages (including this sheet): .l.!:LNormal/Rush: Normal ClienVMatter #: 3195/64818 TO: (1) Oarolyn Burgett!! (2) Mikll Murphy (3) Steve Chutehlan FAX: 972.450.7065 FAX; 972.450.2837 FAX: 972.450.2837 PHONE: PHONE: PHONE: FROM: Angela K. Washington Direct Dial #: (214) 672·2144 MESSAGE: RE: Parcel 2 (Sultan Chanaa). Addison Widening of Road Project IF YOU HAVE ANY PROBLEMS WITH THIS TRANSMISSION. PLEASE CALL Yolanda Rodriguez at (214) 672·2629 Thank you. IMPORTANliCONFIDENTIAL: This me55age is intended only for Ihe use of Ihe individual or entity 10 which it is addressed. This message contains information from the law firm of Cowles & Thompson which may be privileged. confidential. and exempt from disclosure under applicable law, If Ihe reader of Ihis message is not thelnlended recipient or the employee, or agent responsible for delivering the message to the intended reCipient. you are hllreby notified that any dissemination, distribution. or copying of this communication is strictly prohibited, If you have received this communication in error. please notify US immediately at our telephone numbllr (214) 672·2000, We will be happy 10 arrange for the relum of Ihis message 10 us, via the United States Postal Service, al no cas! to you. tol "'AlN HurT 3UIT£ '000 DALLAS. TEXAS !S.O.·IHl DAllAS T v L E R TH no.Ha,a •• 'AX 214,612,:0'. lVlVlV.COWL U THO'" HOH.COII OCT-07-2004 04'15 COWlES & TI-IJMPSON 2146722020 P.02/14 COWLES &THOMPSON A 􀁐􀁦􀁯􀁨􀁈􀁩􀁯􀁮􀁾􀁴􀀠Carporalioll ATTORNEYS AND COUNSELORS ANCEl..A.IC. WASHINGTON 2,...12,21'" AWASH.lN'G10HOCOWLfSTtIOMP SON..COM October 7, 2004 VIA FACSIMILE (971) 450-7065 Ms. Carolyn Burgette Accounting Manager Town ofAddison P.O. BOl( 9010 Addison, TX 75001-9010 RE: Parcell (Sultan Cblaaa) Addison Widening of Road Project Dear Carolyn: In connection with Parcel 2, Addison Widening of Road Proje<:t, enclosed are the following documents: J. A copy ofthe executed Purchaser's Sc::ttlemcnt Statement; and 2. A copy ofthe executed Easement Agreement. Republic: Title has sclteduled CJosing fOT next Monday, Odober 11, 2004. Once the money has been forwarded to Republic Title, they will forward the purchase price to the Seller. Wiring instructions are enclosed. Ifwe cannot meet the closing date, please let me know at your earliest convenience. Thank you for your assistance. Sincerely, 􀀦􀀮􀁾􀁮􀀷􀁪􀀭􀀭􀀺􀀧􀀠 AKW/yjr Attachments c wlo Attachments: Mr. Mike Murpby Via Facsimile (972) 450-2837 Mr. Steve Chutchian Via Facsimile (972) 450·2837 Mr. Ken C. Dippel, w/firm 901 MAIN SftHET SUITE 4001.1 DAllAS, TEXAS 1Sio2.3793 o All A S T Y L E R T!'L 2l4.61Z.tOOO F'AX 214.b12.202C1 WWW,COWLES1MOMP$ON.COM OCT-07-2004 04'15 COWLES &THOMPSON 2146722020 P.03/l4 f{l/cUfOO" OJ: 80 P/14 TOWN OF ADOI$OH -TOWN HALL .72 .5C 704' t/3 RBPVBUC'm'LE OF TEXAS, INC. ftA,'X's; 19i1112U.t O'P NOl QUO!)!! SJ'1 $__","'""",0"0",0,,,,0,,0,._ IU.7! , 10(121,7, :==== """'" Q!ZI)UII lWoA>ll;t lIUI IV 􀁩􀁜􀁬􀁬􀁉􀁤􀁉􀁁􀀡􀁉􀁂􀁾􀀠􀀧􀀤􀀺􀀽􀀺􀁩􀁩􀁊􀁾􀁾􀀧􀂷􀁾􀁑􀁴112.&23."11 ..............._ ....,rm-...........,_.. ................􀁾....._ ................... ......-..__..........􀀮􀀮􀀮􀀮􀀮􀀬􀁾􀀮􀀮􀀮􀀢􀀮􀀮􀁡__..............................".,......... .......................-....􀀢􀀧􀀭􀀭􀀧􀁾.................... ......􀀪􀀬􀁾.......,..,_....w.,..........,..-w.... ......,...,.......__ ........_"1III4t....................... "'lUdt_........􀁉􀁉􀁉􀁾􀀠 ...........,........􀁾􀁴􀁦􀁚􀀭􀀭__..................6bu:: ........................tw...,.....• ........... -...............tilc.............􀁾􀀢􀀧􀀮􀁟.....................d.It!I/I..,.......... OCT-07-2004 04=15 COWLES & THOMPSON 2146722020 P.04/14 IIKIIIATUlIE AIlOINIIUIoI '1'0 PI/IIC_'.CtOIINa &TA'mII!NT QFHO. 0210"" cn Bl1hr: StJU:d I. CIAlIAA 􀁨􀁮􀁕􀀢􀁾􀀺􀀠f¢'lft at ' ..i.OIl 􀁲􀁣􀀢􀀬􀁯􀁲􀁣􀀮􀀺􀀬􀁾􀀠'_b•• 0.021 un. un or 1.... tcact ot lid. Loend SA 􀁾GaDar: ."....,,, 􀀢􀁮􀁮􀀮􀁥􀁾􀀠Mo. 'U. '10ft 0' U4.1naf a41ul 􀁃􀁇􀁖􀀴􀁬􀁴􀁹􀁾􀀠, ... OCT-87-2004 04:15 COWLES 8. THOMPSON 2145722020 P.05/14 􀁾􀁾􀀭􀀭EASEMENT AGREEMENT This Agreement is made and entered into by and between Sultana K. Chanaa ("Grantor"), and the Town of Addison, Texas (the "Town"). WITNE 88 ETH: WHEREAS, Grantor is the sole owner of certain real property located in the Town of Addison and described in Exbibit A attached hereto and incorporated herein (the "Easement Property"); and WHEREAS, the Town of Addison intends to construct an extension of Addison Road through the Town (the "Addison Road Extension Project"), part of which will be located upon and over the Easement Property; and WHEREAS, the Town desires 10 acquire an exclusive and perpetual easement in, over, across, upon, under and throuSh the Easement Property for street right-of-way and other public purposes in cormection with the construction of the Addison Road Extension, and Grantor desires to sell and cOl'lvey such easement to the Town; NOW, THEREFORE, for and in consideration ofthe mutual covenants and agreements herein contained, Sultan K. Chanaa and the Town of􀁁􀁤􀁾􀁩􀁳􀁯􀁮􀀠􀁾􀁳􀁲􀁥􀁥􀀠as follo,ws: 1. GraDt of Ellement. For and in consideration of the sum set forth in 2. below in hand paid by the Town, the receipt and sufficiency of which is hereby acknowledged and confessed, Grantor has GRANTED, SOLD AND CONVEYED, and by theses presents does GRANT, SELL AND CONVEY unto the Town ofAddison, Texas, its successors and assigns, a perpetual and exclusive easement and right-or-way (the "Easement") in, over, across, upon, under and through the property described in Exhibit A and depicted on Exhjbit B (the "Easement Property") (the said Exhibits being attached hereto and incorporated herein). 2. Consideratipg. This easement is gnmted, sold and conveyed in consideration of the Town's payment to Grantor ofthe sum of Thirty Thousand and No/lOO dollars ($30,000.00), the receipt and sufficiency ofwhich is acknowledged as full compensation for the Easement, any damage to or diminution in value of the Remainder or any other lands or property belonging to Grantor that may be claimed or asserted by virtue of such grant, sale and conveyance and use of the Easement and the Easement Property by the Town, and to avoid the cost and expense of litigation. For purposes of this Agreement, the tenn "Remainder" shall mean that propeny described in the Warranty Deed attached as Exhibit C, save and except the Easement Property. 3. Purl!Ole of Easement; Other Provisions. A. The Easement, together with all of its rights and privileges, may be used by the Town, its employees, contractors, agents, successors, llnel assigns in cormection with activities relating to the construction, placement. installation, reconstruction, relocation, alteration, operation, use, inspection, maintenance, improvement; and modification of landscaping, irrigation, lighting. utility, sidewalk, or other parkway improvements, or for such other public purposes as the Town from time to time deems necessary, appropriate, or desirable in the Town's COWLES &THOMPSON 2146722020 P.06/14 sole discretion, with respect to the Project. The Town may perform all excavation, boring, backfilling, embedding, drilling, grading, and other construction activities as the Town from time to time deems nccessary, appropriate, or desirable in the Town's sole discretion, with respect 10 the Project and the improvements within the Easement. The Town shall. at all times, have the right of ingress and egress to and from the Easement and the Easement Property as the Town may deem necessary. appropriate, or desirable. B. Grantor acknowledges and agrees Ill! follows: 0) The Town may authorize and permit third pll11ies to use the Project on such terms as the Town in its sole discretion deems appropriate, but no third parities, including the general public. shal! acquire any rights in the Easement or the Easement Property as a result ofsuch use. (ii) Grantor shall not construct or place within the Easement Property any building, fence, wall, plant, or other structure, improvement, or growth of any character or type which would interfere, in the Town's sole detennination, with the Easement, with the Project or with any improvements within the Easement. The Town shall have the right to remove, and keep removed, all or pan of any such building, fence. plant. or other structure, improvement or growth of any character or type that is located within the Easement Property and which, in the judgment of the Town, may endanger or In any way interfere with the construction, efficiency, or convenient and safe operation ofthe Project or the exercise of the Town's rights hereunder. C. Grantor, its successors and assigns, may fully use and enjoy the Easement Properly, except that such use and enjoyment shan not hinder, conflict or interfere with the exercise ofthe Town's rights hereunder or with the safe and efficient operation ofthe Project. 4. Existint Fountaills. Existing fountains located in the Easement Area shall remain, and shall be protected during construction. 5. Exlstinl: Trees. Existing mature trees removed from the Easement Area due 10 construction or work perfonned under this Agreement shall be replaced with three new Red Oak trees and other landscaping and proposed filcilities, all of which will be located within the Easement Area as detennined by the Town. 6. Warranty of TItle. TO HAVE AND TO HOLD the Easement, together with al! and singular the rights, privileges, and appurtenances thereto in anywise belonging, unto tne Town of Addison, Texas, its successors and assigns; and Grantor does hereby bind itself, its representatives, successors, and assigns to WARRANT AND FOREVER DEFEND all and singUlar the Easement and rights conveyed in this instnlment unto tbe Town of Addison, Texas, its representatives, successors, and assigns, against every person whomsoever lawfully claiming or to claim all Or any pan ofthe interest in the Property. 7. Excluliveness of Easement. The easement, rights. and privileges granted by this conveyance are exclusive, and Grantor covenants not to convey any other easement or conflicting rights in the area covered by this grant. 8. Covernjne I.aw; Venue. In the event of any action under this Contract, venue for all causes of action shall be instituted and maintained in Dallas County, Texas, The parties agree that the laws of the State of Texas govern the validity. construction, enforcement and OCT-07-2064 64:16 COWLES & THOMPSON 2146722020 P.e?/14 interpretation of this Agreement; and, with respect to any conflict of law provisions, the parties agree thaI such conflict of law provisions shall not affect the application of the law of Texas (without reference to its conflict of law provisions) to the governing, interpretation, validity and enforcement ofthis Agreement. 9. Entire Agreement. This Agreement contains the entire agreement between the parties relating to its subject matter. Any oral representations or modifications concerning this Agreement sball be of no force and effect. Any subsequent amendment or modification must be in writing and agreed to by both parties. JO. AuthoritY. The undersigned are the properly authorized officials or persons and have the necessary authority to execute this Agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolutions or other act extending such authority have been duly passed and are now in full force and effect. n. Bindine Effed. This Agreement shall bind and inure to the benefit of the respective parties, their personal representatives, successors, and assigns. Executed this I0 day of JiL li _ ,2003 GRANTOR: Sultan K. Cbuu Executed this23 day of J l4.Y\c... , 2003 TOWN OF ADDISON By: --OCT-07-2004 04:16 COWLES & THOMPSON 2146722020 P.08c14 STATE OF TEXAS § COUNTY OF DALLAS § BEFORE 􀁾􀀺􀀠the undersigned notary public in and for said county and state, on this IQ day of 􀁾􀀡􀀡􀁜􀀠G , 2003, personally appeared Sultan K. Chanaa, known to me to bll the identical person who executed the within and foregoing document, and acknowledged to me that he executed the same as his free and voluntary act and deed, for the usee and puxposes therein set forth. GIVEN UNDER my hand and seal ofoffice the day and year last above written. MY COMMISSION EXPIRES: Aill!'-􀁾CllRISTY M. ALEXANDER 􀀮􀁾􀀢􀁬NOTARY pUBLIC•􀁾􀀻􀀺􀀹􀀠STATE OF TEXAS 􀁾􀀧􀁩... 􀁾􀀠My COmm. Exp. D5-0$·07 STATE OF TEXAS § COUNTY OF DALLAS § BEFORE ME, the undersigned notary public in and for said collIlly and state, on this ;.,."1..-:., day of <. \􀁾􀀭, 2003, personally appeared Ron Whitehead, City Manager for the Town of Addison, and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person or entity upon behalf of which he acted executed the instrwnent for the uses and puxposes therein set forth. GIVEN UNDER my band and seal of office the day and year last above written. MICHELE L. COVINO 2145722020 P.09/14OCT-07-2004 04:15 COWLES 􀁾􀀠THOMPSON 5113101EXHIBIT A TOWN OF ADDISON, TEXAS FlELD NOTE DESCRIPTION FOR ADDISON ROAD I'ARKWAY EASEMENT SULTAN ItCHANAA BEING Ii parcel of land out ofa 0.69 acre tract of land located in the Edward CO'O'k Survey, Abstract NO'. 326, in the Town O'f AddisO'n, Dallas County, Texas, conveyed to Sultan K. Cbanaa, by a deed now of record in Volume 2000215, Page 01991, of the Deed Records of Dallas COUllty, texas, and being Block I, Lot 2 of the Sambuca Milling Station Addition, an addition to the Town O'f Addison, Texas, said parcel Df land being more pll1'ticloliarly described as fO'IlDws: BEGINNING at a point for 1\ comer, said PDint baing N 89"49'29" W, 2.00 fect from the southeast comer of said 0.69 acre tract and N 89°49'29" W, 12.00 feet from the northeast comer of a 0.774 acre tract O'f land conveyed to' lames E. Sauls, by a deed now ofreoord in Volume 77153, Page 01028, !If the Deed RecDrds of Dallas County, Texas, and said northeast comer of 0.744 acre Il.'act being in the west right-Of-way line O'f AddisDn Road, (generally a60 foot right-of-way and generally 30 foot to the oenter line), said Beginning Point being N 00· 49'02" W, 149.31 feet from a fO'Wld 112 iron rod in the south line ofsaid 0.774 acre tract and alsO' baing the northeast comer of a 1.0289 􀁡􀁾􀀧􀁉􀀧􀁥􀀠traet oflend conveyed to GlIl1ner-P1ano Company, by a deed now ofrecord in Volume 91248, Page 03622, ofthe Deed Records ofDallas County, Texas; THENCE N 89" 49'29" W, along the south line O'f said 0.69 acre tract, and along the nDrth line of said 0.774 acre tract for 8 distance of 8.00 feet to a point for comer; THENCE N 00°13'00" E for a distance of 127.35 feet to apoint for comer, said point being in the north line of said 0.69 acre tract and in the south line ofa 1.48 acre met of land conveyed to Sambuca Partners Limited Partnership II, L.P. by a deed now ofrecord in Volume 94100, Page 05581 of the Deed Records of Dallas County. Texas; THENCE S 89°29'00" E along the north line ofsaid 0.69 Here tract and the soulh line of said 1.48 acre tract, a distance of 8,00 feet to a point for CDrner, said point being N 89' 31' 14" E. 318.89 feet and S 00'13 '00" W, 212.21 feet from a found 518 iron rod being the southwest comer of a 1.316 acre Il.'act of land conveyed 10 Dyson Enterprises, LP by a deed now ofrecord in Volume 2000034, Page 2494 oithe Deed Records ofDallas County, Texas and the northwest comer ofsaid 1.48 acre tracl: THENC.E S 00'13'00" W, and being 42 feet, more or less, from the oenterline of Addison Road, a distance of 127.30 feet to the Point of Beginninll and containing 1,018.59 square feet (0.023 acres) ofland. • 􀁾􀀭􀀭􀀭􀀭􀀭􀀼􀀭' 􀁾􀀠EXHIBITB 􀁾􀀭􀀺􀀷􀁦􀀠---_---p r􀁟􀁾􀀠1/4 I.Rr. 􀁾􀀬􀀬􀀭􀀼􀀻􀁽􀁴􀁶􀂻􀀮􀀠a -.-0;\. 􀁾􀁲􀁪􀀾􀁜􀁯􀀻􀀠􀁯􀀻􀁲􀁩􀀾􀁾􀀠5/S: IR... _----------5/S' I.R.r. I < 􀁾􀀮􀀠------r-r􀁾􀀠Wl'octA EDWARD COOl< SURVEY I , .., • /--111 --A8ST. NO. 326 I"" SCI\l.£:1 =60 r--􀁾􀀠._--I-'-S/S" 1.R.f. SAMBUCA II/FILLING ::: ""ADDISON 􀁃􀁾􀁒􀀠CARE 􀁾􀁏􀁄􀁬􀀧􀁲􀁩􀁃􀁎􀀠--H '" 􀁾􀀭STATION 􀁾􀀠VOL. 87111. PG. 028.6 􀁾􀁦􀁾􀀠􀁾􀀠I ADDITION :: I I I .../:SULTAN K. CHAIiAA I VOL. 941 1 7. PC. 06134 ::: I 1 I I '" 􀁾􀀠IIOL. 2000215. PC. 01991 I I,. lIllOCK I. LOT 2 SAl/BOCA PAfUN€RS lIMIT(D \f I I I I I 􀁾􀀬􀀠 PAI!lNCRSHIP II, LP. "" I 1 I I , I1't I \ 5/S'I.R.E VOL 94100. PG.05581 'i1 . Jl (")I'" 􀁾􀀧􀀢􀀠I W/,llCtA""",, 􀁉􀁾􀀠SLOCK I. LOT I ,_ •. __............._._... . 􀁾􀀡􀁩􀀡􀀠". I Ii'! \IOL. 2QOO1J34, PC. 1.494 I JOINT VBffiJRE 1 I urzt'oo'E II I I II " ....9'29' w I I I e.oo' I I' 0: 1/2' IRr 8.00' I liZ' IRF' I "00'49'02'" -...1Wl:.􀁾􀀠5s 00"3''''''' • 􀁾􀀧􀁾􀀮􀀲􀁊􀀧􀀠{l!E!1JI[Nt£ 6fA11J1tG} .\ 1·1 I I ---1 􀀡􀀭􀀽􀀭􀁬􀁒􀁾􀁩􀁩􀁅􀁉􀁍􀁴􀁣􀀩􀀠------􀁾􀁌􀀠I " .,....9·29" w 'x1N􀁾.. 12.00' ADDISON 􀁾􀀠ROAD It SlREET O£CA11tlN 􀁾􀁏􀁎􀁃􀀮􀀠􀁾􀂣􀁯􀀮􀁆􀀧􀁴􀁾􀀠1U lOWN Of ADDISON _hu.."r' ""'... -r--porN I.. W .. 9"2," W ur 2.00' 􀁾􀀮􀀠1/2' IRr, TOWN OF ADDISON TEXASBEGINNING ---,1"--"""SUI """ PARKWAY EASOIENT􀀢􀁘􀀧􀀢􀁉􀁾􀀠CONC. SULTAN K. CHANM 􀁾􀀢􀀻􀀺􀁊􀁉􀁾􀀮􀁴􀀺􀁦􀀩􀁬􀁾􀀮􀀭􀁾􀀠 ....HIH'••",• .,01$ " 􀁾• "_AY. LLP., MAY 2002 􀁾􀁗􀁉􀀮􀁔􀁉􀀢􀀢􀀠􀁴􀀺􀀱􀁉􀁾􀁃􀁬􀀢􀀠i!$; 􀁾􀀭􀀯􀁉􀁊􀀯􀁯􀀷􀁔􀀠 􀁾􀁉􀀠"=t"...". .. 'I PLAT '!iN (J'IlnIJS"_ f3 ffi co -0 ,.. 􀁾􀀠,...... 2146722020 P.l1/14COWLES & THOMPSONOCT-07-2004 04:16 EXHIBITC 2111_.,..._Iw.,__."..,.."""._I!HI,...,·........,.1_ WARRANTY DEED WJTB VENDOR'S LIEN :I.:s.&715315 Graulr: _,"""__(IooI__t. $44$1.0 ....,. _.f_75211 C-c......,l (l,-. SULTAN K. CIIANM. IID-... C4oI_ 'IIIo_.r1iNNlllCIlII./IIOI..I./III.IClIO"I__􀀢􀀧􀁟􀁾􀀭􀀭􀀧􀀱􀁉􀁉􀁴􀀠_ipI"'"lIII'IICiaIOY of wWrJo II......,od ......, .... /0,..__'-";,.tI, 0ruI.·. _at!ItlI""I'0/___""'...._ jIIIIdoUl_JiftIIIII'oJI'....i> !lOr piIocIpol CWII I,M.'H'00Ul'PTWlHT)'..flYe ttmWtm ''''Parul DQlMI, tIlU WI p. bIariDJ ill..11;14 bollia JIII'III",..IitUI.ra"llloplllQlod."-bollia -1oJ....-......... ""''''''IiJI,_ hacia_ br 1a:r:aq4 ••t1bigp'I:"'4&id Qfnaafc\1MitlWrll_ er.....lt:I!.-w. DeMi.. 􀁔􀁎􀁍􀁉􀁉􀁾􀀠_ .._ .._ .......... __oI_c:...:q."TU.IJ _1M 2. or!AMBu(:A IIII'lLLINO 5111'I0Il ADllIlION ...11_101M,..... of AAIQ.... D_C...􀁾􀀮􀀠T..... _rdlIII ...... _l'lillIIOI"""_IoV_lI4m.....'Ooi.'..",.,_oI_C.l IIIl-. T..... 2/IIJ2150199, , . 2146722020 P.12/14COWLES 8. THOMPSON • !£XHIIUT (; a.-r. "' ....... I10I11110 .........IIIt-·.... _ ...__..... _ .... _ ........ Mill. __.C_IIIo,....,....-_0II.... 􀁾􀀱􀁉􀁉􀁴􀀢􀀢􀀢􀀧-__...,.... ...,.,.... ...... 111i00i4 􀁾􀀠.. 0-. _'._. _. _,_.fit l1li... _. D...... _IoIII_IIIIO.......-._,_.I111_.. _... _._oII.... ttQUitt ... .".,., ..c:an.. _ 0.................... *!r!"t"IIOIt. ............... ...... MJ) ............_11_' .-.fit to Of,.... _ or.or 1M _._ .. III die _."".. ""'" .... .--.._-"",_. "., ","",'. lila tpIIuI "'" ""I"M' dIIr .. Ilol ,...., ... -.all _ .... _ II I\iIIr "'" ..........'"......._ ....... 01l0i ___• _1IIt __.................._...__.."'1IIII. me 111M Y. a_AN._ &TATE OPfI!JtASCOIINT\' 1lI'_____ 􀀱􀁉􀁤􀁴􀁾􀀹􀁕....,....Wan:_-1bc: __..__ 1117'" _ ......_ I_...... 􀁾􀁟􀀠,., .,Iv. ...... Mid i!Oofi&DI".IIIIIDII. """"". __I......,... Sl'AT£ CPtIlXAI COUNTY 0)1 VI '1,5 • 'llIlI215 01992 .-1 P.13/14214&722020 COWLES 􀁾􀀠THOMPSON 04' 17OCT-07-2004 e, 'F.XJIlBIT C 1 1 1 1 1 1 1 1 1 ,"j '-'_,.... 􀁾􀁬􀁉􀁴􀁭􀁮􀀠•􀁾􀀠_ t ADfi 􀀮􀁜􀀱􀁾􀁬􀁬􀁏􀁊􀀠$V1WO II 􀁬􀀱􀁾􀀠􀁾􀀢􀁉􀀮􀁾􀁃􀀧tr:tO􀁾􀀺... ' " ...,. .';,􀀡􀀮􀂷􀁾􀁉􀀽􀂥􀁾􀁆􀀬􀀺􀀻􀀬􀀽􀁉􀁾􀀢􀀠... ,... ....._=.__􀀢􀀢􀁤􀀡􀀡􀀡􀀺􀁾􀀱􀀰􀀠... ........... 􀀮􀁾􀀮􀀻􀀻􀀮􀀺􀀺􀀮􀀮-Dr' r.3; OD" IIi e-AOl/U o::ni.:J ·2I/B2,5 01993 • OCT-07-2004 04:17 COWLES 8. THOMPSON 2146722020 P.14/14 2626 Howell 􀁓􀁴􀁲􀁡􀁾􀁴􀀠lOeb VlQoJ' 􀁮􀀮􀁬􀁬􀀮􀁾􀀮􀀠Texa, "204 (214) ."-8I8B (214) 􀀮􀁾􀁾􀂷􀀮􀁥􀀴􀀮􀀠WIRING INSTRUCTIONS REGIONS BANK -DAuLAS. TEXAS ABA • 06200S690 \ TO CREDIT 􀁒􀁅􀁐􀁖􀁂􀁾􀁉􀁃􀀠TITLE OF TEXAS, INC. ESCROW ACCOUNT -VPTOWN ACCOUNT # 63 09j3 12j8 **GFO 02R05319 SJ1 VPON RECEIPT NOTIFY; Patr.cla or Heather AT (Zl4) ess-sass REFERENCE; Piling Station **THlS INFORKATION IS IKFORTANT FOl PlOPER CREDIT TO OOR PRANCR OFFICE PLEASE INCLUDE IN THE WIRE INFORHATION 􀁾􀁕􀁃􀁔􀁬􀁬􀁬􀀮􀁅􀁏􀁆TeXAS, INC. HA110ffA,1" DIVISION AGENT FOR FilII 􀁾1Vl/# llUUfantt CfJrnpsl!)' 1tTI£ INSuRANCE AG£NT FDA: 􀁥􀁮􀁬􀁾􀁯nu. 􀁊􀁮􀁴􀁗􀁉􀁗􀁬􀁣􀀮􀁾􀀬􀀠􀁃􀁯􀁉􀁍􀀧􀁉􀀮􀁾􀀦􀁬􀁩􀁨􀁬􀁡􀁦􀀬􀁤􀀠TlI:I.lnlllfw". ecmJ*ny, FJIIif AIIt,ri.:al\ Tm. JI'!IWIUla. 􀁥􀁟􀁉􀁕􀁉􀁉􀀡􀁬􀀨􀀮􀁉􀀮􀀦􀁾􀁟'tIu. Il'dIiolftrIU COq)Ol6'Ilol"I, CIQ 􀁾􀁴􀁉􀁉􀁬􀁴􀀺l'Ml*Ol'IW nil. mlllf&m:. t;ompany. I&ruf 1'IcOf nut m • .,.,.c. Compoatly .. cam.m!. TOTAL P.14 OCT-07-2004 04:58 COWLES & THOMPSON 2146722020 P.01/04 COWLES &THOMPSON A Ptclusional Corponl[Dn 􀁁􀁬􀁬􀁏􀁾􀁎􀁅􀁙􀁓􀀠AND COUNSELORS FACSIMILE COVER PAGE Time: _____Date: October 7. 2004 Total Number of Pages (including this sheet): 4 Normal/Rush: Normal ClienUMaller #: 3195{64818 TO: (1) Patricia Sherman Bruce (2) Mike Murphy (3) Sieve Chulchian FAX: 214.855.8848 FAX: 972.450.2837 FAX: 972.450.2837 PHONE: PHONE: PHONE: FROM: Angela K. Washington Direct Dial #; (214) 672·2144 MESSAGE: GF No. 02R05319/SJ7 • Parcel 2 (Sultan Chanaa) IF YOU HAVE ANY PROBLEMS WITH THIS TRANSMISSION, PLEASE CALL OUR SERVICE CENTER AT (214) 672-2508 or Yolanda Rodriguez at (214) 672.2629 Thank you. lMPORTANTICONFIDENTIAL: This message Is Intended only for the use of the individual or entity to whiCh it is addressed. This message contains inform;;Uon from the law firm of Cowtes & Thompson which may be privileged, confidential, and exempt from disclosure under applicable law. If the reader of this message is nollhe intended recipient or the employee. or agent responsible for delivering the message 10 the Intended recipient, you are hereby notified that any dissemination, distribution. or copying of this communlcallon is striotly prohibited. If you have received Ihis communication In error, please notify us Immediallily at our telephone number (214) 672·2000. We . will be happy to arrange for the return of this message to us, via the United Slates Postal Service, . at no cost to you. 901 'lAIN 5U!£T nlTE .OOD ULL4S. TEXAS 75201·)19j D ALL A $ T Y L [ R Tel 214.672.2000 FAX 214.672.2020 ...... w. eO ... LElTHO !If' ON.C 0 M OCT-07-2004 04:58 COWLES 8. THOMPSON 2146722020 P.02/04 COWLES &THOMPSON ATTORNEYS ANO 􀁃􀁏􀁕􀁾􀁓􀁅􀁌􀁏􀁒􀁓􀀠ANGiU K. WAStltNGTON :'U7Ut44 ItWA'$HINGTOHOCOWI.UTHOMPSCN,coM October 7. 2004 VIA FACSIMILE (214) 855·8848 Ms. Patricia A. Sherman Bruce, Esq. Vice President Republic Title ofTexas, Inc. 2626 Howell Street, 10th Floor Dallas, TX 75204-4064 RE; Parcel 2 (Sultan Cbanaa) -Addison Widening of Road Projeet Your GF No. 02R053J9/SJ7 Dear Patricia: Enclosed in connection with the above-referenced transaction is the executed Purchaser's Statement. Twill send the original to you by mail. As we discussed, the funds will be transferred on Tuesday. October 12, 2004, since the banks are closed on Monday. Thank you for your assistance. Sincerely, 􀁾􀁪􀁻􀀮rY'􀀣􀀺􀀮􀀭􀀭􀀭􀁾􀀠Angela K. Washington AKW/yjr Attachment c(w/o Ene.): Mr. Mike Murphy, w/Addison Via Facsimile (972) 4S(J-2837 Mr. Steve Chutchian, wI Addison Via Facsimile (972) 451)·2837 Mr. Kenneth C. Dippel, w/firm 901 MAIN STREET SUn'f: I1I}CH) 􀁄􀁉􀁈􀀮􀁉􀀮􀁁􀁾􀀬􀀠If:XAS 􀀷􀀵􀀲􀀰􀀲􀀺􀀼􀁴􀀿􀁾􀀳􀀠Q All. A S T Y L ( R TEL Z14.(I1Z.Z000 FAJ( Z14.67Z •.a020 WWW.COWLIST"!OMPiaN.tOM OCT-07-2004 04:59 COWLES & THOMPSON 2146722020 P.OO/04 10/D11%QQ4 01;10 􀁰􀁾􀀠972 45Q 1Q&3 Z/J IEPUBUC 1TfLE011 TEXA8,INC. DOtS, lO/ll/a••• ()'f' NO: ouonu SJ7 I'URCIWIER1I I1'An,.!NT puilOCAS& I'JtlCll: _p!.""!L!a!.!W1!!!l!!.'--_______􀁾________ $i__oI1il!0'"De"!>!.!.'."'.............. 􀁐􀁌􀁕􀀡􀁬􀁾􀀠c:JWlCES •,•••,,• 40:!.00'.,!Ii•• 00 la.19 • • ,•, , __ a ,• s •$ s I • • ___ $I oru:llra NtOUM!' DtI':£ Bl PUltCl:CAQD 􀀡􀀬􀀺􀀽􀁾􀁪􀂷􀁾􀂷􀁾􀀧􀁴􀀬􀁾􀀷􀂷􀁴lO aU.1I.... l/l,621.7•􀁓􀀧􀀺􀀽􀀺􀀺􀀺􀀺􀁩􀁩􀁃􀁩􀁩􀀡􀁴􀀧􀁾􀂷􀂷􀁴􀀠..................a....,,.,.......--...UIIII.. .....___........................................... ....-........---..-.........................􀁾􀀮􀀮􀀬.........."............ ........"..........tw....,....,....................._ ........IIpiIW...........,...........,............... ........,....."..........-......-.......􀁾..-.............-.............-............ ..............................,............................ ....... &1...............-............... ...........,' " • .....,..-,....,.....,..-,....,II..,.,...........'.............ttaCIIW........... 􀁾BlGaiUI."l'UU Am!II!'t!tM ATrACWID_ ..... t",.......􀀬􀁟􀁾􀀬􀀮􀀮􀀬􀀮􀀠b. I'll OCT-07-2004 04:59 COWLES 8. THOMPSON 2146722020 P.04/04 ,0/01/100. 01;OD PN TOWN 0' AODtSON 􀁾􀀠TOWN 􀁾􀁁􀁌􀁬􀀠.,t .'0 104' l/3 8iGNAlVAUDOIIIIIU.. TIl I'IIIICHABlII'8 CI.08IND STAn_ Of NO. 0''''22' El7 ••u.n'! IUJ'.!UlI 1:. C&Ut44 Pu:ew.;-: 􀀧􀁬􀀧􀁾􀀠or 04110'11 't'Operq: .,SIlI" G.O%) un, Il0l'••r le••, u*c:t at! la11( lOUt:a4 1D Uwud COole 􀁓􀁕􀁲􀁦􀁴􀀬􀁾􀀠MReact: ... 3". fftD ot ....t1bw, 13411... Cov.Pt1, 't.... TOTAL P.04 OCT-07-2004 04'59 COWLES & THOMPSON 2146722020 P.01/04 COWLES &THOMPSON A ptnhuJanal C4rpbt.nOIl FACSIMILE COVER PAGE Date: October 7.2004 Time: Total Number of Pages (including this sheet): 4 Normal/Rush: Normal Client/Matter #: 3195/64818 TO: (1) Patricia Sherman Bruce (2) Mike Murphy (3) Sieve Chutchian fAX: 214.855.8848 fAX; 972.450.2837 FAX: 972.450.2837 PHONE: PHONE: PHONE: FROM: Angela K. Washington Direct Dial II: (2141672·2144 MESSAGE: GF No. 02R05319/SJ7 • Parcel 2 (Sultan Chanaa) IF YOU HAVE ANY PROBLEMS WITH THIS TRANSMISSION, PLeASE CALL OUR SERVice CENTER AT (214) 672·2608 or Yolanda Rodriguez at (214) 672·2629 Thank you. IMPORTANTICONFIDENTIAL: This message Is Intended only for the use of the individual or enlily 10 which it is addressed. This message contains inform,lIion from the law firm of Cowles & Thompson which may be privileged. confidential, and exempt iTom disclosure under applicable law. If the reader o/this message is nolthe intended recipient or the employee, or agent responsible for delivering Ihe message to the intended recipient, you are hereby notified that any dissemination. distribution, or copying of this communication Is strictly prohibited. If you have received this communication In error. please notify us Immediately at our telephone number (214) 672-2000. We will be happy 10 arrange tor the return of this message to us. via the United Slates Poslal Service, al no cost \0 you. 901 MAIN SUEtT SUIT! ,OOG DALL4S. rUAS 7H02·".) I) ALL A S T V L [ R TEL 214.612.2000 FAX 214.672.2020 /www.COWL(srHO ... PSON.COM OCT-07-2004 04:59 COWLES g, THJMPSON 2146722020 P.02/04 COWLES &THOMPSON A Pro't'$liCnal Corporation ATTORNEYS AND COUNSELORS 􀁾􀁇􀁅􀁕􀁋􀀮􀁗􀁮􀁈􀁗􀁾􀁇􀁾􀁲􀁯􀁭􀁈􀀧􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭� �􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭214.112.1144 AWA$HIHGTQHGCOWI.£8THOMPSON.eoM October 7,2004 JlIA FACSIMILE (114) 855·8848 Ms. Patricia A. Sherman Bruce, Esq. Vice President Republic Title ofTcxas, Inc. 2626 Howell Street, 10th Floor Dallas, TX 75204·4064 RE; Parcell (Sultan Challss) -Addisoll Widening oeRold Project Your GF No. 02R05319/SJ7 Dear Patricia: Enclosed in connection with dle above-referenced transaction is the executed Purchaser's Statement. Twill send the original to you by mail. As we discussed, the funds will be transferred on Tuesday, October 12,2004, since the banks are closed on Monday. Thank you for your assistance. Sincerely, 􀁾􀀩􀀨􀀮􀁲􀀨􀀣􀀺􀀮􀀭􀀭􀀭􀁾􀀠Angela K, Washington AKW/yjr Anachment c(w/o Ene.): Mr. Mike Murphy, w/Addison Jlill Facsimile (971) 4S(J.28J7 Mr. Steve Chutchian, wI Addison Jlia Facsimile (971) 4S(J.1837 Mr. Kenneth C. Dippel, w/fiml 901 MAIN STREET Stll'J"( 'lOaD OALLAS, TEXAS '1$2:02:.319'3 o ALL A S T Y L [ It TEL 214,6H,Z!)oo FAX Z16.e,1iL20iO WWW.r.:CWlI£STMaMPSON.COtot OCT-07-2004 05:00 COWLES &THOMPSON 2146722020 P.03....El4 tG/Q1/1Q04 OI:IQ PM REPUllLlCm'LE OF TEXAS, INC. 􀀮􀀮􀁾􀀺􀀠tnr rIO: " l ••, •• ·.c,.. ·to 􀀧􀁾􀀮􀀺􀀮􀁬􀁩􀀮􀀲􀀮􀀮􀀠1,00 lI,19 􀀱􀀰􀀯􀀱􀀧􀁦􀁡􀁯􀁾􀀮􀀠􀁾􀀺􀁩􀁒􀁕􀀩􀁕􀀠!J1 __ill·,.,.!!·)!!·",,,.·... LSU I CitKtJX1'9 ,---IAI.IIUICI WIJ ay i1U'l0Wl81. 􀀡􀀺􀀽􀀺􀀺􀁬􀁩􀁇􀀺􀁩􀁪􀁩􀁴􀂷􀁾􀂷􀂷􀁴... 30.12), , • .................a..a..,... ....__.....................___.........􀁾................ ...._..-............,........,---............................"".......... .............IW __....................,............_..,..,....,.... ......,..........􀁾.................'" .."..........􀁾.......,,_.............􀁾...--r......_ ..........􀁾............ ".........................a.....,................................ ..,.....................,.,..,..,.,... ................Iwc ...........􀀢􀀧􀁌􀁉􀁩􀁉􀁉􀁉􀁾􀁉􀁴..........ta.........................,......CIIIfr.,......... £H 'Hi.me ¥tppI!I A,II''IaCNI:D. .OCT-137-21304 135:130 COWlES & THOMPSON 2146722020 P.04/04 " rO/Ol11004 0':40 PN TOWN 􀁏􀁾􀀠A001SQH 􀁾􀀠TOWN HALL .12 4eo 'Q43 3/3 8«1!1AlUREAGWIIIlUIl TO _CHASflI'. ct.OeINIIIII'A11IIoIIiNTOF *" ,2."U' W ••Uart Itn..fAI E. CBUIIo4 hu....": Towt'l of d.l.ICID Property: ,.Sq:. D.OZJ .cn.... ot 1..., 􀁴􀀮􀁣􀀮􀁥􀁾􀀠d laai Laue-aS In ldaw.ri Cook 1!.in'I" .d:nn.ct: at, '16. fO'ID 411' A,4d.1••, a.l1&. 􀁾􀀢􀀧􀀬􀀠'1'.... TIDAL P.04 COWLES &THOMPSON A Professional Corporation ATTORNEYS AND COUNSELORS ANGELA K. WASHINGTON 214.812.2144 AWASHINGTON@COWLESTHOMf"SON,COM August 17, 2004 Mr. Steve Chutchian Assistant City Engineer Town ofAddison P.O. Box 9010 Addison, TX 75001-9010 RE: Town ofAddison v. Sultan K. Chanaa, et al. Cause No. CC04-09490-A Parcel 2, Addison Widening ofRoad Project Dear Steve: As we discussed, a condemnation action has been filed in connection with the above-referenced property. A copy of the petition is enclosed for your files. If you have any questions, please give me a call. Sincerely, 􀁾􀁛􀁲􀁲􀀻􀀻􀁡􀀠􀀭􀁾􀀠Ange K. Washington AKW/yjr Enclosure c(w/o Ene.): Mr. Mike Murphy (w/oEnc.) Mr. Kenneth C. Dippel, w/firm 901 MAIN STREET SUITE 4000 GALLAS, TEXAS 75202·;3793 DALLAS T Y L E R TEL 214.672.2000 FAX 214.672.2020 Oacwnelllll. 1121356 WWW.COWlE5THOMPS(lH.COM COWLES &THOMPSON A Professional Corporation ATTORNEYS AND COUNSELORS ANGELA K. WASHINGTON 214.672.2144 AWASHINGTON@COWLESTHOMPSON.COM July 30, 2004 VIA FACSIMILE (2 698-2121 Mr. Leon Scrog . s Owens, Cl Aiken, L.L.P. 700 No Pearl Street, Suite 1600 Dal ,TX 75201 e: 15201 Addison Road, Addison, Texas Sultan K Chanaa Dear Mr. Scroggins: Your client, Sultan K. Chanaa, is the record owner of the above-referenced property. On October 16, 2002, I forwarded to Mr. Chanaa the Town's offer to purchase the property for the appraised value of $23,460. On October 22, 2002, the City Council of the Town of Addison authorized conderrmation of a portion of the property to obtain an easement interest (the "property interest"). A copy of the condemnation resolution is attached. Subsequently, the Town negotiated with Mr. Chanaa and agreed, among other things, to pay $30,000 for the property interest. As you are aware, Mr. Chanaa and the Town entered into an Easement Agreement in June 2003, providing for the purchase ofthe property for $30,000, and providing other conditions, as agreed upon by the parties. Since that time, and as you are well aware, the Town has been unsuccessfully trying to close this transaction. Because time is now of the essence and we must obtain possession of the property in order to avoid construction delays, we will be filing an action in condemnation within 10 days from the date ofthis letter, unless the transaction is closed within that time period. While the Town is still willing to honor the Agreement and purchase the property interest for $30,000 (which constitutes the Town's final offer for the purchase of the property interest), if it is necessary for the Town to file a condemnation action, the Town will be seeking to obtain the property interest for the appraised value of $23,460 with no mandatory conditions. Should filing of the petition become necessary, please let me know if you are willing to waive service of citation. Thank you for your attention to this matter. Sincerely, /."'A 􀁾􀁌􀁯􀁲􀁲􀀯􀁾􀁾􀀠 AKW/yjr Attachment c w/o attachment: JMike Murphy, w/Town ofAddison Steve Chutchian, wlTown ofAddison Douglas H. Conner, Boyle & Lowry, P.C. Kenneth C. Dippel, w/firrn 901 MAIN STREET SUITE 4000 DALLAS, TEXAS 75202·3793 D ALL A S T Y L E R TEL 214.672.2000 FAX 214.672.2020 WWW.COWlE5THOMPSON.COM Docum:ntJil: 1118439 COWLES &THOMPSON A Professional Corporation ATTORNEYS AND COUNSELORS ANGELA K. WASHINGTON 214.612..2144 AWASHINGTON@COWLESTHOMPSON.COM August 17, 2004 Mr. Steve Chutchian Assistant City Engineer Town of Addison P.O. Box 9010 Addison, TX 75001-9010 RE: Town ofAddison v. Sultan K. Cllat/aa, et ai. Cause No. CC04-09490-A Parcel 2, Addison Widening ofRoad Project Dear Steve: As we discussed, a condemnation action has been filed in connection with the above-referenced property. A copy of the petition is enclosed for your files. If you have any questions, please give me a call. Sincerely, AKW/Y.ir Enclosure c(w/o Ene.): (w/o Ene.) Mr. Mike Murphy Mr. Kenneth C. Dippel, w/firm 901 MAIN STREET SUITE 400-0 DALLAS, TEXAS 75202-3193 TEL 214.672.200-0 FAX 214.672.2020D ALL A S T Y L E R CAUSE NO. TOWN OF ADDISON v. SULTAN K. CHANAA, ET AL. PLAINTIFF'S ORIGINAL PETmON IN CONDEMNATION TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW the Town of Addison, hereinafter referred to as Plaintiff, having by law the right of eminent domain and power of condemnation, acting herein by and through its duly elected City Council (the "Council"), for and on behalf of the Town of Addison, complaining herein ofSu\tan K. Chanaa, The Filling Station ofAddison, Inc., and James W. DeMik, Trustee, hereinafter referred to as Defendants; and fur cause of action Plaintiff respectfully represents to the Court as follows: I. The Plaintiff, Town of Addison, a municipal corporation, has determined that the public necessity requires that certain land should be acquired from the Defendants herein. n. The Defendants are owners or claimants of some interest in the property being acquired who have been identified by diligent search by Plaintiff. Their respective addresses for service of process are: Sultan K. Chanaa 19009 Preston Road Suite 209 Dallas, Texas 75252 The Filling Station ofAddison, Inc. c/o Dr. Sam Y. Dorfinan, President 14204 Hughes Lane Dallas, Texas 75254 PLAINTIFF'S ORIGINAL PETITION IN CONDEMNATION -Pagel James W. DeMik, Trustee 8001 LB] Freeway Dallas, TX 75251 Dallas County, Texas Earl Bullock, County Clerk Records Building, 200 Floor Dallas, TX 75202 Dallas Independent School District 3700 Ross Avenue Dallas, TX 75204 ill. The public purpose of the acquisition is fur the construction of a parkway in connection with the construction, realignment and extension ofa public street, to wit Addison Road. IV. The Addison City Council has by resolution detemrined that an easement is necessary for the construction of a parkway in connection with the construction. realignment and extension of the above-specified new street project. The easement to be acquired in the land will be used for such purposes as specified herein. v. Plaintiff is entitled to condemn an easement in. over, and across such land for said purposes and asks that it be condemned for such purposes. VI. The easement being acquired is described in Exhibit t, attached hereto and made a part ofthis petition for all purposes. PLAINTIFF'S ORIGINAL PETITION IN CONDEMNATION -1'"",1 VII. Plaintiff would show, that through its duly authorized agents, it made bona fide attempts to purchase the required property from the defendant owners, that Plaintiff offered the fee owner fair market value as compensation for the property to be acquired, including damages to the remainder, if any, and that the parties have been unable to agree upon the sums to be paid for the purchase of this land or damages occasioned by the acquisition of the land and improvements, if any, and asks that special commissioners be appointed as provided by law to assess all amounts due to Defendants for the part taken and damages, ifany. vm. Plaintiff has named all known record owners of the land to be condemned. Plaintiff reserves the right to add additional parties ifsuch interests should later appear. IX. On October 22, 2002, the City Council of the Town of Addison passed a resolution declaring that public convenience and necessity require that the property described in Exhibit A be acquired for the public purpose of constructing a parkway in connection with the realignment and extension of a public street, to wit Addison Road. The resolution further authorized the filing of the condemnation suit on behalf ofthe Plaintiff as provided by law. WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that Special Commissioners be appointed to determine the compensation to be awarded to the Defendants, that a hearing be held after the parties are properly noticed and the Commissioners render an award to be filed with the Court, that writ ofpossession issue to Plaintiff and that upon final trial Plaintiff be awarded a judgment granting an easement in, over, and across the land described in PLAINTIFF'S ORIGINAL PETITION IN CONDEMNATION -Page 3 Exhibit G, in the Town ofAddison, and that fair market compensation including damages, if any, be awarded to Defendants. Plaintiff further prays for costs ofcourt and for such other and further relief, both general and special, as Plaintiff may be entitled to receive. Respectfully submitted, COWLES & THOMPSON, P.C. 901 Main Street, Suite 4000 Dallas, Texas 75202 (214) 672-2000 Fax: (214) 672-2020 Ken C. Dippel City Attorney for Town of Addison State Bar No. 05893000 Aogela K. Washington Assistant City Attorney for Town ofAddison State Bar No. 20897155 SIrESOFBOnE& LOWRY, ":C. 􀁾􀀮􀀮􀁊􀁡􀀢􀀢􀀢􀀢􀀧􀁾􀁾􀀢􀀢. ,!J1 J"By: Douglas H. Conner State Bar No. 04694000 4301 Wingren, Suite 108 Irving, Texas 75062 (972) 650-7100 Fax: (972) 650-7105 TRIAL ATTORNEY FOR PLAINTIFF TOWN OF ADDISON, TEXAS PLAINTIFF'S ORIGINAL PETITION IN CONDEMNA TlON -Page 4 Dotunwm f: TO.U296 01130/2004 09:01 AU TOWN OF ADDISON -TOWN HALL 972 '50 7043 2/9 TOWN OF ADDISON, TEXAS RESOLUTION NO. R02-094 A RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF ADDISON, TEXAS DETERMINING THE NECESSITY OF ACQUIRING THE HEREINAFTER DESCRIBED REAL PROPERTY OWNED BY SULTAN CHANAA AND AUTHORIZING ITS CONDEMNATION AND/OR APPROPRIATION FOR PUBLIC USE IN CONNECTION WITH THE REALIGNMENT AND EXTENSION OF ADDISON ROAD IN ADDISON, TEXAS. BE IT RESOLVED BY THE CITY COUNCIL OF THE TOWN OF ADDISON, TEXAS: sEcrroN I. That for the purposes of this Resolution. the following definitions of terms shall apply: "PROPERTY"; The area described in Exhibit "A" and depicted on Exhibit "B" attached hereto and made a part hereof for all purposes. "PROPERTY INTERESTS": Parkway easement in, over, and across the land described in Exhibit "AU and depicted on Exhibit "B". "PROJECT"; Realignment and extension of Addison Road. Addison, Texas. "OFFER AMOUNT": Twenty-three Thousand Four Hundred Sixty and NO/IOO Dollars ($23,460.00). ·OWNERS": Sultan K. Chanas "LffiNHOIDERS"; The Filling Station of Addison, Inc. James W. DeMik. Trustee SECfION 2. That it is hereby determined that public convenience and necessity requires that the Town of AddiBOtl should acquire the PROPERTY INTERESTS in, over, and across the PROPERTY necessary for the PROmcr. SEcrION 3. That the PROPERTY is hereby determined to be necessary for the PROJECT. That for the purpose of acquiring the PROPERTY INTERESTS in, over. and across the PROPERTY, the City Manager, or such employee as he may designate, is hereby authorized and directed to offer the OFFER AMOUNT as payment for the OFFICE OF THE CITY SECRETARY R02.()94Exhibit A 01/36/200. 09;01 AN 􀁔􀁏􀁾􀀠OF AOOfSON -TOWN HALL 912 􀀮􀁾􀁏􀀠7043 3/9 PROPERTY to be acquired and full damages allowable by law, which amount represents its fair cash market value. SECTION 4. That the Town of Addison determines to appropriate the PROPERTY INTERESTS in, over, and across the PROPERTY for the PROJECI' under the laws of the State of Texas and the provisions of the Charter of the Town of Addison. SECTION 5. That, in the event the OWNERS accept the OFFER AMOUNT as authorized herein, the City Finance Director be and is hereby authorized to draw a check in favor of the OWNERS named above, or the current owners of record, in the OFFER AMOUNT. SECTION 6. That the City is to have possession of the PROPERTY on closing; and the City will pay any title expenses and closing costs; and the City will pay court costs as may be assessed I>y the Special Commissioners or the court. SECTION 7. Should the employee designated to make the official offer report to the City Attomey that the OWNERS have refused to accept the OFFER AMOUNT as compensation for the hereinabove described taking from the OWNERS under the laws of eminent domain, which amount the City Council deems to be the fair cash market value and all just compensation, in compliance with the laws of the State of Texas, Ihis will be evidence that the Town of Addison cannot agree with the OWNERS as to the damages legally allowable by law. In such case, the City Attorney is authorized and directed to tile the necessary suit and take the necessary action for the prompt acquisition of the PROPERTY in condemnation or in any manner provided by law. SECTION 8. That in the event the Special Commissioners in Condemnation appointed I>y the court return an award that is the same amount or less than the OFFER AMOUNT, the City Finance Direetor is hereby authorized to issue a check not to exceed the amount of the Commissioners' award made payable to the County Clerk of Dallas County to be deposited into the registry ofthe court to enable the City to take possession of the PROPERTY without further action of the City Council. SECTION 9. That in the event it is subsequently detennined that additional persons other than those named herein have an interest in the PROPERTY. then the City Attorney is authorized and directed to join said parties as defendants in said condemnation suit. SECTION 10. That this resolution shall take effect immediately from and after its passage, as in the Charter in such cases is made and provided. OFFICE OF THE CITY SECRETARY R02-094 TOWN OF ADDISON -TOWN HALL 912 450 1043 4/9 0113U/2004 Q9:01 AN PASSED AND APPROVED this the 2100 day of October, 2002. Mayor Town ofAddison, Texas ATI'EST: KeJl C. Dippel, City Attorney OFFICE OF THE CITY SECRETARY R02-094 5113102EXHmD' A TOWN OF ADDISON, TEXAS FIELD NOTE DEScruPTION FOR ADDISON ROAD PARKWAY EASEMENT SULTAN K. CHANAA BElNG a parcel ofland out ofa 0.69 acre tract ofland located in the Edward Cook Survey, Abstract No. 326, in the Town of Addison, Dallas County, Texas, conveyed to Sultan K. Chanaa, by a deed now of record in Volume 2000215, Page 01991, of the Deed Records ofDallas County, Texas, and being Block 1, Lot 2 of the Sambuca ITIFilling Station Addition, an addition to the Town of Addison, Texas, said parcel of land being more particularly described as follows: BEGINNING at a point for a comer, said point being N 89°49'29" W, 2.00 feet from the southeast corner of said 0.69 acre tract and N 89"49'29" W, 12.00 feet from the northeast comer of a 0.774 acre tract of land conveyed to James E. Sauls, by a deed now of record in Volume 77153, Page 01028, of the Deed Records of Dallas County, Texas, and said northeast comer of 0.744 acre tract being in the west right-of-way line of Addison Road, (generally a 60 60 foot right-of-wsy and generally 30 foot to the center line), said Beginning Point being N 00° 49'02" W. 149.31 feet from a found 112 iron rod in the south line ofsaid 0.774 acre tract and also being the northeast corner of a 1.0289 acre tract ofland conveyed to Gartner-Plano Company, by a deed now ofrecord in Volume 91248, Page 03622, ofthe Deed Records ofDallas County, Texas; TIlENCE N 89° 49'29" W, along the south line ofsaid 0.69 acre tract, and along the north line ofsaid 0.774 acre tract for a distance of 8.00 feet to a point fcr comer; TIlENCE N 00°13'00" E for a distance of 127.35 feet to a point for corner, said pomt being in the north line of said 0.69 acre tract and in the south line ofa 1.48 acre tract ofland conveyed to Sambuca Partners Limited Partnership II, L.P. by a deed now ofrecord in Volume 94100, Page 05581 of the Deed Records of Dallas County, Texas; TIlENCE S 89°29'00" E along the north line of said 0.69 acre tract and the south line ofsaid 1.48 acre tract, a distance of 8.00 feet to a point for corner, said point being N 89" 31'14" E, 318.89 feet and S 00°13'00" W, 212.21 feet from a found 5/8 iron rod being the southwest comer of a 1.316 acre tract ofland conveyed to Dyson Enterprises, LP by a deed now ofrecord in Volume 2000034, Page 2494 of the Deed Records ofDallas County, Texas and the northwest comer ofsaid 1.48 acre tract; TIlENCE S 00°13'00" W, and being 42 feet, more or less,from the centerline of Addison Road, a distance of 127.30 feet to the Point ofBeginning and containing 1,018.59 square feet (0.023 acres) ofland. Exhibit B __ 􀀭􀁾􀀬􀀠,----< . _ =1 . \'% ..",\jlil --/'-3!4·I.R.F.· 􀁾􀁀􀀢􀀬􀀭􀀮􀀠. ____ -------...........:; ___ \,<:#\S ";,ClIl. .____--. 5/8" !.R.F. I 􀀭􀀭􀁾􀁟􀁟􀀠.: 'f1.. 5/S" 1.R.f. .-----rWrOCSA -r--ASST. NO• .326 \....5/. \ ' /\ .' -........ .1..-1 _ I> I.R.F. SAMBUCA II/FILLING 􀁾􀀠"ADDISON CAR CARE ADDITION 1"'1...___-STATION 5 VOL 87111, PC. 0286 􀁾􀁜--r􀁾􀀠I ADDITION ::: I 1\􀁾􀀧􀀠ISULTAN I<. CIW4AA I . VOL. 94117, PC. 􀀰􀀶􀀱􀀳􀀴􀀧􀁾􀀠I I \ d 􀁾􀁖􀁏􀁌􀀠2000215. PG. ot991l I , \I stOc)( ,. lOT 2 S/lllSUCil PARTNElIS U\liTEO If \ \ I \ I r, PAAMRSHIP n, I.P. 􀁾􀀮􀀠I 1 \ I I I􀀱I SIS" I.ltF. VOL 􀀹􀁾100. PG. ossal I-I 􀁾􀀠I . 􀁷􀁲􀁏􀁃􀀤􀁁􀁾􀀠: SUlCK I. LOT I tNSOO OOERPRISES.1.r I 5211 NlOISON RDNl 􀁾􀁾I SAULS JAMES! \ 2' S'IllW 􀁾􀁃􀁁􀀧􀁉􀁉􀁩􀁬􀁎􀀠. 􀁾􀀮􀀠\ VOl. 2001lO14, 􀁐􀁾􀀮􀀠24?4' I 􀁜􀁬􀁬􀁊􀁌􀁾􀁾􀀵􀁾􀁒􀁾􀀹􀀨􀁪􀀳 I l! \'IlL 17m. \'G. \IllS \ Til TOYI!l OF NlOi5tlK tv WllloT UN( 11 BlOCK I. LOT 1 \ I I \ Lon BLOCK 1\ .\ 􀀮􀁾􀀠􀁾􀀠 􀀮􀁾􀀻􀀠! JI ! II I II II 􀁾􀀧􀀢􀀠I PROPOSEO 8' I . I \ II 􀁾􀁾􀀺􀀠?AAKWAY AAKWAY EASEl.lENT : 1$60':/11'00' E \ I \ 1\ \ \ N S"4BWYI I I 158.00' \ I WIl'OO' E1/2' IRf 8.00'"",--n?.35" I 1/2' IRF I I \ \ I __􀁎􀁏􀀡􀁴􀁾􀀮􀀮􀀺􀀮􀁬􀁾􀁌􀁟􀀭􀀤􀁍􀀢􀁜􀀳􀀧􀁾􀀺􀀢􀀧􀁴􀁩􀀠f 􀀱􀁜􀀱􀀮􀀲􀀱􀂷􀀱􀁾􀀡􀁎􀁃􀁅􀁡􀁟􀁇􀀩􀀠.J ,,::= ---II d -IR 􀁟􀁾􀀩􀀠􀁾􀁏􀁏􀀧􀁜􀁬􀀧􀁩􀁬􀀼􀁬􀁉􀀧􀁩􀀭􀀮􀁭􀀮􀀳􀀨􀁜􀀠__ __ __ 􀁾􀁊􀁟􀁉􀀠LL __ .1 􀁾􀀠􀁾􀀢􀁴􀁉􀀠0 _ ADDISON i'< ROAI'\ '2' S1Rffi IlECililOH COMe.; _ -;-_ I " . .. Ml.J TO TO'IR-l r:G AllO\SON . " , 􀁾􀀠􀁐􀁯􀁩􀁎􀁦􀁏􀁾􀁆􀀭􀀭-. :! BEGINNING I/Z'IRF,. TOWN OF ADDISON. TEXAS 􀁾􀀠􀁾􀀠􀁾􀀠-ADDISON ROAD PAAKWAY EASEMEt-I 􀁾􀀠'X'N CONe. SULTAN K. ctIAN.AA .1' \ d􀁜􀀠, 􀀮􀁾• HllNDAtC,," .. coNWAY, U,.p;1...... 􀀲􀁾􀁴􀀠i.As ! I (:CN....JI,.;MO f.»!lIfU5Ii.-i Mrl.t '>r 􀁮􀁡􀀢􀀧􀀭􀀭􀀧􀁾􀀢􀀢􀁕􀁉􀁉􀁉􀀠r .... 􀁾􀀢􀁲􀁴􀀠...., r.. 􀁾􀀠... • 􀁾􀀠o 􀁾􀀠•o " .. 'o COWLES &THOMPSON A Professional Corporation ATTORNEYS AND COUNSELORS ANGELA K. WASHINGTON 214.672.2144 AWASHINGTON@COWI.ESTHOMPSON,COM August 10, 2004 Mr. Douglas H. Conner Boyle & Lowry 4201 Wingren, Suite 108 Irving, TX 75062 RE: Parcel 2 (Sultan K. Chanaa), Addison Widening ofRoad Project Dear Doug: Pursuant to our conversation and your follow-up e-mail, enclosed for filing with the petition are the following documents: 1. Copy ofResolution; and 2. Field Notes and Survey Depiction. I have contacted Steve Chutchian regarding the name ofthe tenant. Once I hear back from Steve, I will contact you. Thank you for your assistance and let me know if you need anything further from me. AKW/yjr Enclosures c(w/o Enclosures): Mr. Mike Murphy (w/o Enclosures) Mr. Steve Chutchian (w/o Enclosures) Mr. Kenneth Dippel '101 MAIN STREET SUITE 4000 DAl.LAS, TEXAS 15202·3193 TEt 􀀲􀀱􀀴􀀬􀁢􀀷􀁪􀁌􀁾􀁏􀁏􀁏􀀠FAX 214.672.2020D ALL A S T Y L E R COWLES &THOMPSON A Professional Corporation ATTORNEYS AND COUNSELORS ANGELA K, WASHINGTON 214.672.2144 AWASHINGTON@COWLESTHOMPSON.COM July 30, 2004 JIlA FACSIMILE (21 98-2121 Mr. Leon Scroggj Owens, CI Aiken, L.L.P. 700 Nort earl Street, Suite 1600 Dan , X 75201 e: 15201 Addison Road, Addison, Texas Sultan K. Chana a Dear Mr. Scroggins: Your client, Sultan K. Chanaa, is the record owner of the above-referenced property. On October 16, 2002, I forwarded to Mr. Chanaa the Town's offer to purchase the property for the appraised value of $23,460. On October 22, 2002, the City Council of the Town of Addison authorized condemnation of a portion of the property to obtain an easement interest (the "property interest"). A copy of the condemnation resolution is attached. Subsequently, the Town negotiated with Mr. Chanaa and agreed, among other things, to pay $30,000 for the property interest. As you are aware, Mr. Chanaa and the Town entered into an Easement Agreement in June 2003, providing for the purchase ofthe property for $30,000, and providing other conditions, as agreed upon by the parties. Since that time, and as you are well aware, the Town has been unsuccessfully trying to close this transaction. Because time is now of the essence and we must obtain possession of the property in order to avoid construction delays, we will be filing an action in condemnation within 10 days from the date ofthis letter, unless the transaction is closed within that time period. Wbile the Town is still willing to honor the Agreement and purchase the property interest for $30,000 (which constitutes the Town's final offer fur the purchase of the property interest), ifit is necessary for the Town to file a condemnation action, the Town will be seeking to obtain the property interest for the appraised value of $23,460 with no mandatory conditions. Should filing of the petition become necessary, please let me know if you are willing to waive service of citation. Thank you for your attention to this matter. Sincerely, C A 􀁾􀁊􀁾􀀡􀁙􀀻􀀷􀁾􀁾􀀠AKW/Y.ir Attachment c w/o attachment; Mike Murphy, wtrown ofAddison /Steve Chutchian, wtrown ofAddison Douglas H. Conner, Boyle & Lowry, P.C. Kenneth C. Dippel, w/firrn 901 MAIN STREET SUITE 4000 DALLAS, TEXAS 􀀱􀀵􀀲􀀰􀀲􀁾􀀳􀀷􀀹􀀳􀀠DALLAS T Y L E R TEL 214.672.2000 FAX 214.672.2020 WWW.COWI.ESTHOMPSON.COM Steve Chutchian From: David Wilde Sent: Wednesday, July 28, 2004 11:35 AM To: AI Dent; Charles Mitchell; Chris Terry; Jerry Davis; Jim Clark; Jim Pierce; Jose T Flores; Kyle Drake; Mike Murphy; Ricky Smith; Robin Jones; Ron Lee; Ron Pelky; Ron Whitehead; Steve Chutchian Cc: Randy Moravec Subject: New pennits Pennit #1077 -Conn and Sons Construction subbing for Firetrol to tap waterline for new fire service at: 14683 Midway (Office in the Park Bldg. #6) Dated 7/28 -8/06104. Pennit #1078 -TXU ElectriC Delivery, for their sub, Mastec to pull cable into the new duct bank on Spectrum north of Monis. Dated 8/10·8131/04 Pennit # 1079 -TXU ElectriC Delivery to install new street light on a newly existing pole on Airport Parkway west of Eddie Rickenbacker. Dated 8/10 -8131/04 Pennit"# 10eo -TXU Gas· For the installation of new 1 %" gas service fOr new Air TraffiC Control Tower on Dooley Rd. Dated 8104104. 1 COWLES &THOMPSON A ProfessIonal Corporation ATTORNEYS AND COUNSELORS ANGELA K. WASHINGTON 214.672.2144 AWASHINGTON@OOWLESTHOMPSON,COM July 20, 2004 Mr. Mike Murphy Director ofPublic Works Town of Addison P.O. Box 9010 Addison, TX 75001-9010 RE: Interlocal Agreement with the City of Dallas Dear Mike: Enclosed are two (2) originals of the proposed Interlocal Agreement with the City of Dallas. Please note that the exhibit regarding the improvements described in Paragraph II of the Agreement must be attached as Exhibit A. Also, note that Paragraph VIII provides that Addison agrees to design the lowering of the Water Main in accordance with the North Central Texas Council of Governments Standard Specifications for Public Works Construction (Third Edition 1998) and the Dallas Water Utilities Addendum to the Standard Specifications for Public Works Construction (December 1998). A copy of the Dallas Water Utilities Addendum is enclosed for your review in determining whether Addison can agree to this provision. If Addison can and will agree to this provision, and if you otherwise agree with the form and content of the document, it is ready for execution once Exhibit A is attached. Two agreements are being provided so that both parties may have executed originals. If you have any questions, please give me a call. Sincerely, Angela K. Washington AKW/yjr Enclosures c (w/o Enclosures): Mr. Steve Chutchian (w/o Enclosures) Mr. Kenneth Dippel 901 MAIN STREET SUITE 4{){1l) DALLAS, TEXA.S 􀀷􀁓􀀲􀀰􀀲􀁾􀀳􀀷􀀹􀀳􀀠D ALL A S T Y L E R TEL 214.&72.2000 fAX 214.612.202Q DQCI.1Tno:nl #. 11 L 711) WWW.COWLESTHOMPSON COM ·;1/1("-1 Council Agenda Item: SUMMARY: This item is for cOnSideration ofa resolution approving an e.asem.ent agreement for the purchase ofan easement in a 0.023 acre tract ofland generally located at 15201 Addison Road for permanent right-of-way. FINANCIAL IMPACT: 􀁂􀁵􀁤􀁧􀁥􀁴􀁥􀁾􀀠Amount: N/A A."'llount ofCompensation: $30;000.00 Source ofFunds: Funds are available, in the amount ofS2,500,OOO, from Genern.l Obligation Bonds. An additional $1,300,000 was programmed from DART LAP/CMS funds. BACKGROUND: The 􀁾􀁥􀁮􀁴acquiaitiQn process is currently underway .on the proposed Addison Road Widening, Phase I project. Approximately 0.023 acre ofpeunanent easement adjacent to the proposed project Addison Road project is required. as part .of the roadway improvements. Thi!> parcel is part ofthe 􀁓􀁾􀁢􀁵􀁣􀁡IIIFilling Station AdditiQn, and is currently .owned by Sultan K. Chanaa. The firm of'Hipes & Associates petforined an appraislil ofthe property inMarch 2002. The compensation value ofthe parkway easement was determined to be $23,460'(10. The atta<;hed agreement between #le Town ofAddison and thIJ property owner provides for a total compensatiQn value of$30,000.00 for the acquisitiQn .of the permanent easement. In addition, the TQwn agrees to protect the existing water fountains that are located in the easement area and to plant three new Red Oak trees on the site. RECOMMENDATION: Staffrec.ommends that Council approve a resolution approving an easement agreement for the p\lIchase ofan easement, in the amount of$30,000.00, fur a 0.023 acre 􀁾􀁡􀁣􀁴of land generally located at 15201 Addison Road for permanent right-Qf-way. TOWN QF ADDISON, TEXAS RESOLUTIONNQ. R'--___ A RESOLUTON OF THE CITY COUNCIL OF THE TOWN OF ADDISON,TEXAS, APPROVING THE PURCHASE OF AN EASEMENT IN A 0.023 ACRE TRACT OF LAND GENERALLY LOCATED AT 15201 ADDISON ROAD FOR PERM.;<\.NENT RIGHT-OF-WAY; APPROVING AN EASEMENT AGREEMENT FOR SAID PURCHASE; AND PROVIDING ANEFFECTIVE IlATE. WHEREAS, the proposed Addison Road Improvement Project is currently underway, which includes right-of-way a¥quisitions;and WHEREAS, a tract ofland approximately 0.023. acres insize.(as described in ExhibitA to the Easement Agreement attached hereto and incorporated herein) is required for permanent right-of-way in comiection With the proposed improvement to Addison Road; and WHEREAS, the owner of said tract has agreed to convey the necessary easement to the Town of Addison for $30,000.00; and WHEREAS, the owner has executed an agreement regarding the conveyance of such easement for said amount subject to approval by the City Council, which agreement is attached hereto and incorporated herein; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE TOWN OF ADDISON, TEXAS: Section 1. That the City Council has determined that $30,000.00 is reasonable compensation for the easement, as described in the above premises, to be acquired and all damages to the property remaining, and dC)es hereby authorize the City Manager to acquire the eal?ement in, over, under and through the 0.023 acre tract of land (as described in the attached Exhibit A to the Easement Agreement attached hereto and incorporated herein, and located generally at 15201 Addison Road) for permanent right-of"way for the eXpansion of Addison Road. Section 2. That the City Council does hereby approve the Easement Agreement attached hereto regarding the purchase ofthe easement described in Sec.tion 1 above, and hereby authorizes the City Manager to take such other and fiuiher action as may be necessary to acquire the said easement. Sel;tion 3. That the City Finance Director be and is hereby authorized to draw a check in favor of Sultan K. Chanaa, or the current owner(s) of record, in the amount of $30,000.00. Section 4. Th.at thi.s Resolution shall tal<:e effect immediately fro111 and after its passage. PASSED AND APPROVED by the City Council of the Town of Addison, Texas this 121h day ofAugust, 2003. R. Scott Wheeler, MaYOT ATTEST: APROVED AS TO FORM: Cannen Moran, City Secretary Ken C. Dippel, City Attorney EASEMENT AGREEMENT 􀁔􀁨􀁬􀁾􀀠Agreement is made and ente.red into by and between Sultana K. Chanaa ("Grantor"), and the Town ofAddison, Texas (the "Town"), WITNESSETH: WHEREAS, Grantor is the sole owner of certain real property located in the Town of Addjson and described in Exhibit A attached hereto and incorporated herein (the "Easement Property"); and WHEREAS, the Town of Addison intends to construct an extension of Addison Road through the ToW!') (the "Addiso!l Road Extension P')"oject"), part of which will be located upon and over the Easement Property; and wHEREAS, the Town desires to acquire an exclusive andpflrpetual easement in, over, across, upon, under and through the Easement Property for street right-of-way and other public purposes. in connection with' the COnStruction of the Addison Roa.d Extension, and Grantor desires to se11 and convey such easementto the Town; NOW, THEREFORE, for and in consideration ofthe mutual covenants and agreements herein contained, Sultan K. Chanaa and the Town of􀁁􀁤􀁤􀁾􀁪􀁳􀁯􀁮􀁾􀁧􀁲􀁾􀁥􀀠as fo11o,ws: ., .,'. 1. Grant of Easement. For and in consideration of the S\IIIl set forth in 2. below in hand paid by the Town, the receipt and sufficiency of which is hereby acknowledged and confessed, Grantor has GRANTED, SOLD AND CONvEYED, and by theses presents does GRANT, SELL AND CONVEY unto the Town ofAddison, Texas, its successors and assigns, a perpetual and exclusive easement and right-of-way (the "Easement") in, over,across, upon, under and through the property described in Exhibit A and dflPicted on Exhibit B (the "Easement Property") (the said Exhibits being attached hereto and incorporated herein). 2. Consideration. This easement is granted, sold and conveyed in consideration of the Town's payment to Graiitotofthe sUm of Thirty Thousand and No/IOO dollars ($30,000.00), the receipt and sufficiency ofwhich is acknowledged as full compensation for the Easement, any damage to or diminution in value of (he Remainder or.any other lands or property belongihg to Grantor that maybe claimed or asserted by virtue ofsuch grant, sale and conveyance and use of the Easement and the Easement Prop.erty by the Town, and to avoid the C.ost and expense of litigation. For pUrposes of this Agreement, the teIm "Remainder" shall m.ean that property described in the Warranty Deed attached as Exhibit 􀁃􀁾􀀠save and except the Easement Property. 3. Purpose ofEasement; Other Provisions. A. The Easement, together with all of its rights and privileges, may be used by the Town, its employees, contractors, agents, successors. and assigns in connection with activities relating to the construction, placement, installation, reconstruction, relocation, alteration, operation, use, inspection, maintenance, improvement, and modification of landscaping, irrigation, lighting, utility, sidewalk, or other parkway improvements, or fotsuch other pUblic purp.oses as the Town from time to time deems necessary, appropriate, or desirable in the Tpwn's sole discretion, with respect to the Project. The Town milY perform all e;xcavation, boring, b!lCkfilling, embedding, drilling, grading, and other constlllction activities as the ToWn from time to tiine deems necessary, appropriate, or desirable in the Town's sole discretion, with respect to lhe 'Project and the improvements within the Easement. The Town shall, at all times, have lhe right of ingress and egress to ahd from the Easeinent and the Easement Property as the ToWn maydeem necessary, appropriate, or desirable. B. Grantor acknowledges and agrees as follows: (i) The Town may authorize and per:qrit third parties to use lhe Project on such terms as the Town in its sole discretion deems appropriate, 'but no third parities, including the general public, 􀁾􀁡􀀱􀀱􀀠acquire any rights in the Easement or the Easement Property as a result ofsuch use. (ii) Grantor shall not c.onstruc.t or place within the Easement Property any building, fence, wall, pl!iUt. or other structure, hllprovement, or growth of any character or type which would interfere, in the Town's sole determination, with the EaSement, with the Project or with any improvements within the Eas,ement The Town shall have the right to remove, and keep removed, illl or part ofany such building, fence, plant, or other strucl:\lre, improvement or growth ofanycharactet or type Liat is located within the Easement Property and which, in the judgment of the Town, may endanger or in any way interfere with the constlllction, efficiency, or convenient and ,safe operation ofthe Project or the exercise of the 􀁔􀁯􀁷􀁮􀁾􀁳􀀠rights hereunder. C. Grant!:>r, its successors and .assigns, may fully use and enjoy, the 􀁅􀁡􀁳􀁾􀁥􀁮􀁴􀀠Property, except that such use and enjoyment shall not hinder, conflict or interfere with the exercise oflhe Town's rights herennder or with the safe and efficient operation ofthe Project 4. Existing Fountains. E",isting fountains located in the Easement Area shall remain, and shall be protected dv.ring construction, 5. Existing Trees. Existing matnre trees removed from the Easement Area due to construction or work pc:rrformed under tbis Agreement shall be replaced with. three new Red Oak trees and other landscaping and proposed facilities, all of which will be located within the EasementArea as determined by the Town. 6. Warranty of Title. TO HA VB AND TO HOLD the Easement, together with all and singular the rights, privileges, and !iPPurtenances thereto in anywise belonging, unto the Town of Addison, Texas, its successors and assigns; and Grantor does hereby bind itself, its representatives, successors, and assigns to WARRANT AND FOREVER DEFEND all and singular the Easement and rights conveyed in this instrument unto the Town of:Addison, Texas, its representatiVes, successors, and assigns, against every person whomsoever lawfully claiming or to claim all or any part of the interest in the Properly. 7. Exclusiveness of Easement. The easement, rights, and privileges granted by this conveyanCe are exclusive, and Grantor covenants nOt to convey any any other easement or conflicting rights in the area covered by this grant. 8. Governinlj' Law; Venue. In the event of any action under this Contract, venue for all causes of action shall be instituted and maintained in Dallas County. Texas. The parties agree that the laws of the State of Texas govern the validity, construction, enforcement and --STATE OF TEXAS § COUNTY OF DALLAS § BEFORE M}£, the undersigned notary public in and for said county and s.tate, on this i0 day of 􀁾l.l\ D , 2003, personally appeared Sultan K.. Chanaa, known to me to be the irlenti<1al peiton who executed the within and foregoing document,and acknowledged to me that he executed the same as his free and voluntary act l!lld deed, for the uses and purposes therein set forth. GIVEN UNDER my hand and seal ofoffice the day and year last above written. MY COMMISSION EXPmES: 􀁾􀀾􀁉􀀡􀀢􀁾􀁾􀀠CHRISTY "'.ALEXANDER 􀁾􀁾..)J NOTARY PUBLIC 􀁾􀀠;/l SJATE.OFTEXAS 􀁾􀀢􀁏􀁦􀁾My Comm. expo 05·05-07 STATE OF TEXAS § COUNTY OF DALLAS § . BEFORE ME, the undersigned notary public in and for said county and state, on this 2-3. day of .<; \ 􀁾􀁾􀀠, 2003, personally appeared Ron Whitehead, City Manager for the Town of Addison, and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the ins\nlment, t.be person or ep.ti.ty upol,1 behalf ofwhich he a<1ted executed.the instrument for the· uses and pU!Jlosestherein setforth. GIVEN UNDERmy hand and seal ofoffice the day and year last above written. MY COMMISSION EXPlRES: MICHeLE L. COVINO EXHIBIT A TOWN OF ADDISON, TEXAS FIELD NOTE DESCIUPTION FOR ADDISON ROAD 1',utKWAY EASEMENT SULTAN K. CIIANAA BEING a parcel ofland out ofa 0.69 ac!"etract ofland located in the Edward Cook Survey, Abstract No:. 326, in the. Town of Addison, Dallas COunty, Texas, conveyed to Sultan K. Chanaa, by II deed now of record in Volume 2000215, Page 01991, ofthe Deed Records of Dallas· County; Texas, and being Block I, Lot 2 of the Sambuca 1IIFilling Station Addition; an addition to the ToWl). of Addison,. Tcxl3$, said parcel of land being more partioularly descnoedas follows: BEGINNING at a point for a corner, said point being N &9"49'29" W, 2.00 feet from the southeast COmer of said 0.69 acre trailt and N 89'49'29" W, 12.00 feet from the northeaSt corner of a 0.774 acre tract of land conveyed to James E. Sauls, by a deed now ofrecord in Volume 77153, Page 01028, of the Deed Records of Dallas County, Texas. and sa,id northeast corner of 0.744 acre tract being in the west right-;of-way line of Addison Road, (generally a 60 foot right-of-way and generally 30 foot to the center line), said Beginning Point being N 00' 49'02" W, 149.31 feef from a found 112 iron rod in the south line of said 0.774 acre tract and also being. the northeast comer of a 1.0289 acre tmct of land cQIlveyed to Gartner-Plano Company, by II deed nOw ofrecord in Volume 91248, Page 03622, ofthe Deedl,tecords ofDa11as County. Texas; . THENCE N 89° 49'29!' \Y, along the south line of said 0.69 acre iraQi, and along the nal'th line of gaid 0.774 acre tract for a distarlce of 8.00 feet to a point for comer; THENCE N 00'13'00" E for a distance of 127.35 feet to a point for comer, said point being in the north line of said 0.69 acre tract and in the south line ofa 1.48 acre tract ofland conveyed to Sambuca Partners Limited Partnership IT, L.P. by a deed now of record in Volume 94100, Page 05581 of the Deed Records of Dallas County, Texas; THENCE S 89°29'00" E along the. north line ofsaid O .•69·acre tract and the south line of said 1.48 acre tract, a distance of 8.00 􀁦􀁥􀁾􀁴􀀠to a point for comer, said point being N 89° 31' 14" E. 3l8.89 feet and S 00"13'00" W, 212.21 feet from a found 5/8 iron rod being lhe soplhwest comer of a 1.316 acre. tract ofland conveyed to Dyson Enterprises, LP by a deed now ofrecord in Volume 2000034,. Page 2494 ofthe Deed Records ofDallas County, Tcx!lS and the northwest comer ofsaid 1.48 acre tract; THENCE.S 00°13'00" W, and being 42 feet, more or less. from the centerline ofAddison Road, a distlince of 127.30 feet to the Point ofBeginning and containing 1,018.5.9 square feet (0,023 acres) ofland. • 􀁾􀁾􀀬􀀲􀁴􀀡􀁾􀀠j I 1-II SULTANK, CHANM II VOl. 94117, PG. 06134 􀀺􀁾􀀠I I I I .. 11 VOL. 2000215, PG. CI991l 􀁾􀀠BLOCK I, lOT 2 , SAMBUCA PARTNERS UMITEO 􀁾􀀠II I I II􀁾􀁜􀀠PARTNERSHIP n, L.P. s!.§􀁾􀀠1. 1 5/8 I.Rf, VOL. 94100, !'G. 05581 .: II 1\ I J "I >;: I 􀁗􀁉􀀧􀁄􀁃􀀤􀁁􀁾􀀠i! BLOCK I, LOT 1 15211 ADDiSONROAOOYSON ENTERPRISlS.I": Il ____ -3/4 I.R-F. 􀁾􀀬􀁡􀀼􀁾􀀠----1<; <;015\\.\)\1 . ., :I . 5/B.: I.R.F. 􀁲􀁗􀁉􀀧􀁾􀁓􀁁􀀮􀀠. ------r---'-5/B' IR.F. -________ --1--􀀺􀀺􀀺􀀭􀀭􀀭􀀭􀀭􀀭􀀺􀁾􀁾􀁉􀀺􀀷􀁦􀀠----+ ---_______. : =-...= /...... 11'EDWARD COOK SURVEY SCAlE'I'-5O' ......·Ii ASST. NO, 326 􀁾􀀮-,-.... , /• ........... ..L ISAMBUCA II/FILLING : ADDISON CAR CARE ADDITION 1'1'1" STATION 􀁾􀀠::l VOL 87111, PG. 0286 􀁾􀁉IAIlDITION 1 EXBIBITC 22.1, 􀁾􀁢􀁹􀀬􀁉􀁢􀀬􀁳􀁵􀀺􀁥􀁾􀁵􀁦􀁴􀁟􀀺􀀱􀀿􀁦_ 􀀢􀀧􀀭􀁢􀀮􀁾􀁬􀁗􀁬􀁉􀀬􀀮􀀠􀁾􀁉􀁇􀀭􀁉􀀤􀀺􀁾􀁾􀀠WARRANTY DEED WITHVENDOR'8 LIEN 􀀽􀁴􀀽􀀷􀁾􀀠􀀨􀀭􀁾􀀩􀀠SULTAN It. CHANAA, .._.Gr.II:IJCC: CoIuI"""", lIIo _4fTEN NIII 001100 DOLl.AJIli ($IO;oo)lU>I _ ...... 􀀢􀀢􀁟􀁾􀁟􀁉􀁨􀁯􀀠􀁾􀀢􀀢􀁟􀀢􀁩􀀢􀀢􀁙􀁯􀁉..hIclobllcftlly_l<:dpc!lIIlIIfDt·Ii.< __of: 􀁾􀂷•.•....ntou"'.I1o!I!OOY of.....-_1IIIi__p! II'CIwc -orpromlssoI)' .... ill Ii.< PJiol'.... _4'..·_pnwklol.........1ciq _by.... """'....... >=lor'. 􀁕􀀮􀀮􀁷􀁬􀁬􀁩􀁬􀁬􀀮􀁾􀀠__􀁢􀁹􀀮􀀢􀀢􀀢􀀢􀀢􀀧􀁗􀁾􀁾􀁯􀁉􀀱􀀮􀀢􀀢􀀮􀁲...._r.... o._"'_W.PeMu..T"-.""""",""_111<411>... __cirllalllosc.w.y. T _ _ 1<112, ofSA.MDUc,\. M'I\.LlNG 􀁳􀁲􀀢􀀧􀁮􀁯􀁈􀁾􀁄􀁭􀁯􀁎...AddIIloo 1O.lhlallbinof-*-alDollu C_, 􀁔􀁣􀁾􀀠_.riaIU>ol_. udpracri;lll'" riam. """""",_or􀁟􀁡􀁬􀀱􀁾􀀱􀁟􀀮􀁲􀁤􀂢__' "'"" .............􀁾􀁾􀀮\Iw all&oWJeoIpd'bcf........... ...lflL tIq,Gt Ottm ,2IIXI, by SAMV.no_ , pltBSJl)l!NT .at 􀀧􀁬􀁈􀁬􀀡􀁉􀀧􀁬􀁕􀁊􀁬􀀧􀁉􀁇􀁓􀁔􀁁􀁔􀁉􀁏􀁈􀁏􀁉􀀧􀁾􀁄􀁉􀀬􀁓􀁏􀁎􀀮􀀠INC. • • 􀁔􀀮􀁕􀁉􀁾...bdlalrorald""'l"'_ • I'II!PARI!I) INTIIB,J.AW OFl'lCllOP, limitW,1leMlk IlIC. """"'U.s.., 40D DttIu. TCUtl 1n40 􀁾􀀲􀀱􀀵􀀠D1992 EXfIlBlTC IlDDZ C AO.N 􀀬􀁵􀀡􀀻􀁮􀁯􀁾􀀠􀁾􀁶􀀧􀁷􀁯􀀠If!l31j A 􀀯􀁬􀁩􀁊􀁾􀁾􀀠􀀡􀀡􀁾􀀨􀁜􀀧􀀺􀀧􀀧􀀧􀀮􀀠,., '00 '(lId t-hOlmOZ Oa-H:J 1 1 1 1 1 1 1 1 1 1 1 'lllD215 01993 • COWLES &THOMPSON A Professional Corporation ATTORNEYS AND COUNSELORS ANGELA K. WASHINGTON 214,672.2144 AWASH1NGTON@COWLESTtiOMPSON.COM May 27, 2004 Ms. Patricia A. Shennan Bruce, Esq. Vice President Republic Title ofTexas, Inc. 2626 Howell Street, 10th Floor Dallas, TX 75204-4064 RE: Parcel 2 -Sultan Chanaa (Addison Widening ofRoad Project) Your File No. GF 02ROS319 Dear Patricia: Enclosed for purposes of recording is the original Easement Agreement. Please let me know when you have obtained all necessary releases. Please give this your immediate attention, as time is now of the essence. Ifyou are not able to clear title by the end of next week, I will need to take the necessary steps to obtain the property by other means. 1bank you for your assistance. Sincerely, 􀁾r. 􀂫􀁪􀁊􀀩􀀭􀀮􀁾􀀠Angela K. Washington AKW/yjr Enclosure c: Mr. Mike Murphy Mr. Steve Chutchian Mr. Ken C. Dippel 901 MAIN STREET SUITE 4000 DALLAS, TEXAS 75202·3793 o ALL A S T Y L E R TEL 214.67l.ZDOO FAX '214.672,2020 WWW.COWlESUIOMPSON.COM COWLES &THOMPSON A Professional Corporation ATTORNEYS AND COUNSELORS ANGELA K. WASHINGTON 214.612.2144 AWASHIHGl'ON@COWLESTHQMPSON,COM March 31, 2004 Ms. Patricia A. Shennan Bruce, Esq. Vice President Republic Title ofTexas, Inc. 2626 Howell Street, lOth Floor Dallas, TX 75204-4064 RE: Parcel 2 (Sultan Chanaa), Addison Widening ofRoad Project Your File No. GF 02R05319 Dear Patricia: Thank you for the updated Title Commitment (Title Commitment No. 004) for the above-referenced property. I note that there is at least one new item that must be addressed. It is listed as No. lOon Schedule C and is a Mechanic's Lien filed February 12,2004 in favor ofAdvanced Home Theatre Systems, Inc. against Sultan K. Chanaa in the amount of $8,146.01. As with all other liens, we would like this matter addressed prior to closing. Please provide, and by copy of this letter I am asking Leon Scroggins to provide status, on closing this transaction. Thank you for your assistance. Sincerely, Angela K. Washington AKW/xir c: Mr. Leon Scroggins Mr. Steve Chutchian Mr. Kenneth C. Dippel 901 MAIN STREET SUITE 4000 DALLAS, TEXAS 75202<3193 . D ALL A S T Y L E R TEL 214.672.2000 FAX 214,672.2020 WWW.COWLESTHOMPSON.COM COWLES &THOMPSON A Professional Corporation ATTORNEYS AND COUNSELORS ANGeLA K: WASHINGtoN 214.612.2144 AWASHINGTON@COWLESTHOMPSON.COM November 26, 2003 VIA FACSIMILE (214) 855-8848 AND REGULAR MAIL Ms. Patricia A. Sherman Bruce, Esq. Vice President Republic Title ofTexas, Inc. 2626 Howell Street, 10th Floor Dallas, TX 75204-4064 RE: Parcel 2 (Sultan Cbanaa), Addison Widening of Road Project Your File No. GF OZR05319 Dear Patricia: I have reviewed the amended Purchaser's Statement for the above-referenced property and everything appears in order. Please finalize the statement and provide me with a closing date, and I will request funding from the Town ofAddison. Thank you for your assistance in this matter. Sincerely, 􀀯􀁾􀁾􀁪􀀨􀀠Angela K. Washington AKW/yjr c: Mr. Steve Chutchian Mr. Ken C. Dippel \}Ol MAIN STREET SUITE 401)0 DALLAS, TEXAS 75202-3793 DALLAS T Y L E R TEL 214,672.21)00 FAX 214.672.2.020 Doeumem.II: IOSZ221 WWW.COWLESTHOMPSON.COM jfsd COWLES &THOMPSON A Professional Corporation􀁾􀁡􀀮􀀻􀁹􀀠1978-2003 ATTORNEYS AND COUNSELORS ANGELA K.. WASHINGTON 214.672.2144 AWASHINGTONOCOWI.ESTHQNiPSQN.COM August 20, 2003 Mr. Steve Chutchian Assistant City Engineer Town ofAddison -Service Center 16801 Westgrove Drive Addison, TX 75001 RE: Parcel 2 (Sultan Chanaa), Addison Widening ofRoad Project Dear Steve: Enclosed for your files and infonnation is a copy of a letter from Patricia Bruce providing status on the above-referenced property transaction. Ifyou have any questions, please give me a calL, AKW/yjr Enclosure c(wlEnc.): (w/o Ene.) Mr. Mike Murphy Mr. Kenneth C. Dippel, w/finn 901 MAIN STREET SUITE 40{)O DALLAS. TEXAS 75202·3793 DALLAS T Y L E R TE L 214.072.2000 fAX 214.012.202D WWW.COWl.ESTHDMPSON.COM PASB/hdc WitlE copy ofLetter to: Leon G. Scroggins, Esq. Owens, Clary & Aiken 700 N. Pearl Street Suite 1600 Dallas, Texas 75204 Phone: 214.698.2104 Fax: 214.698,2121 Vl'q facsimile (fmi Regulqr Mail F:\PATRICIA\OPEN\Z 􀁾􀀠TOWN OF ADDlS0N\02R053J9\LEITER -ACKNOWLEDGMENT.DOC .!5d COWLES &THOMPS01\ A Profe)Sional Corporation􀁾􀁴􀁷􀀻􀁙􀀠1978·20()l ATTORNEYS AND COUtlSELORS ANGELA K. WASHINGTON 214.6722144 AWASHINGTON@CQWLESTHOMP$ON.COM August 13,2003 Mr. Leon Scroggins Owens, Clary & Aiken 700 North Pearl Street, Suite 1600 Dallas, TX 75201 RE: Easement Agreement for Parcel 2 (Sultan Chanaa), Addison Widening of Road Project Dear Leon: Enclosed is Mr. Chanaa's executed original of the above-referenced Easement Agreement. The document was approved by the Town of Addison's City Council at its meeting last night. I am forwarding a copy to the Title Company today to begin the closing process. If you have any questions, please do not hesitate to calL Sincerely, """I,K. 􀁷􀀮􀁌􀁾􀀭􀀭􀀭􀁟􀀮􀀮􀀯􀀠AKW/yjr Enclosure c(w/o Ene.): Mr. Mike Murphy, wlTown ofAddison Mr. Steve Chutchian, wlTown ofAddison Mr. Ken Dippel, w/firm qOl MAIN STREET SUITE 4000 DALLAS, TEXAS 75202·3793 D All A S T Y L E R TEL 214.672.2000 FAX 214.672.2020 DoclirnetlU' 106541<1 WWW.COWlESTHOMPSON.COM l!SIk COWLES &THOMPSON A Professional Corporation􀁾􀀭􀁲􀀠1978-2003 ATTORNEYS AND COUNSELORS ANGELA K. WAStllNGTON 214.(;72.2144 AWASHINGTON@COWLESTHOMPSON.COM August 20, 2003 Mr, Steve Chutchian Assistant City Engineer Town of Addison -Service Center 16801 Westgrove Drive Addison, TX 75001 HE: Parcel 2 (Sultan Chanaa), Addison Widening of Road Project Dear Steve: Enclosed for your files and information is a copy of a letter from Patricia Bruce providing status on the above-referenced property transaction. If you have any questions, please give me a calL AKW/yjr Enclosure c(wlEnc.): (wioEnc.) Mr. Mike Murphy Mr. Kenneth C. Dippel, w/firm 􀁾􀁏􀁬􀀠MAIN STREET SU1TE 4000 DALLAS, TEXAS 75202-3793 DALLAS T Y L E R TEL 214,672,2000 FAX 214.672.2020 DoolllDl!lIt Ii: h"16l'i3SS WWW.COWlESTHOMPSON.COM * 2626 Howell Street, 10th Floor Dallas. Texas 75204-4064 (214)855__ Fax (214) 85s.8848 Direct Dial (214) 855-8878 fMt'taih psbruce@republlctitle.comRECEIVED AUG 1 9 2008REPUBLIC TITLE August 18, 2003 Angela K. Washington, Esq. Via F(1(,,'timilC' and Regular Mail Cowles & Thompson 901 Main Street, Suite 4000 Dallas, Texas 75202 Phone: 214.672.2000 Direct: 214.672.2144 Fa.x:: 214.672.2020 RE: Sale/Loan from The Filling Station of Addison, Inc. ("Seller") to Town of Addison ("Purchaser") GF No. 02R05319/SJ7 Property: Being 20' frontage along Addison Road, being ont of Lot 2 of Sambnca IIlFilIing Station Addition, an Addition to the Town ofAddison, according to the Amended Plat thereof recorded in Volume 94117, Page 6134, Map Records, Dallas County, Texas. Dear Ms. Washington: This conespondence is sent to acknowledge receipt ofEasement Agreement and inform the parties that we have ordered updated title work for the aoove-referenced matter. Once we receive the title work, we will issue a revised commitment with drafts ofclosing statements to you, as soon as possihle. Please provide our office with a distribution list for any parties that need to he copied on this transaction. Ifyou have questions or comments, please do not hesitate to contact me. at 214.855.8878, or my assistant, Heather D. Chimarys, at 214.855.8846. Heather and I look fOlward to working with all ofthe parties on this transaction. Please place tlte above-referenced GF NO. 011 allfuture correspondellce. Sincerely, 􀁾􀁬􀁩􀁣Title OfTexas,..:Inj' YJ.,f.'C:c. C , {J[J Patricia A. Sherman Bruce, Esq. Vice PresidentlEscrow Oflicer F;\PATRICIA\oPE'J\Z -TO\VN OF ADDISOh""J2R053I 9\lElTER • ACK.'JOWLEDGMENT.OOC REPUBLIC TinE OF TEXAS, INC, A SUBSIDARY OF First American Tille Insurance Company 􀀢􀁾􀀧􀀠 l1TtE INSURANCE AGENT fOR: Chicago Title II'I$urance Company, Commonwealth Land Tille Insurance Company, 􀁆􀁩􀁾􀁬􀀠American Tl1le Insurance company. Lawyers Trlle Insuraneo Corporation, Old Republic National Tille Insurance Company and TlCor Tit!& InsUJance Co mpany PASBlhdc Willi copy ofLetter to: Leon G. Scroggins, Esq. Owens, Clary & Aiken 700 N. Pearl Street Suite 1600 Dallas, Texas 75204 Phone: 214.698.2104 Fax: 214.698.2121 Vin Facsimile find ikgular Mail F:\PATRIClA\OPE}"'\Z w TOWN Of ADDlS0N\Q2ROS319\lETIER -􀁁􀁃􀁋􀀮􀁾􀁏􀁗􀁌􀁅􀁄􀁑􀁍􀁅􀁎􀁔􀀮􀁄􀁏􀁃􀀠 DATE SUBMITTED: August 5, 2003 FOR COUNCIL MEETING: August 12, 2003 Counell Agenda Item: SUMMARY: This item is for consideration ofa resolution approving an easement agreement for the purchase ofan easement in a 0.023 acre tract ofland generally located at 15201 Addison Road for permanent right-of-way. FINANCIAL IMPACT: Budgeted Amount: N/A Amount ofCompensation: $30,000.00 Source ofFunds: Funds are avallable, in the amount of$2,500,000, from General Obligation Bonds. An additional $1,300,000 was programmed from DART LAP/CMS funds. BACKGROUND: The easement acquisition process is currently underway on the proposed Addison Road Widening, Phase I project. Approximately 0.023 acre ofpermanent easement adjacent to the proposed project Addison Road project is required as part ofthe roadway improvements. This parcel is part ofthe Sambuca IIIFilling Station Addition, and is currently owned by Sultan K. Chanaa, The firm ofHipes & Associates performed an appraisal ofthe property in March 2002. The compensation value ofthe parkway easement was determined to be $23,460.00, The attached agreement between the Town ofAddison and the property owner provides for a total compensation value of$30,000.00 for the acquisition ofthe permanent easement. In addition, the Town agrees to protect the existing water fountains that are located in the easement area and to plant three new Red Oak trees on the site. RECOMMENDATION: Staff recommends that Council approve a resolution approving an easement agreement for the purchase of an easement, in the amount ofS30,000,00, for 11.0,023 acre tract of land generally located at 15201 Addison Road for permanent right-of-way. TOWN OF ADDISON, TEXAS RESOLUTION NO. R'--___ A RESOLUTON OF THE CITY COUNCR. OF THE TOWN OF ADDISON, TEXAS, APPROVING THE PURCHASE OF AN EASEMENT IN A 0.023 ACRE TRACT OF LAND GENERALLY LOCATED AT 15201 ADDISON ROAD FOR PERMANENT RIGHT-OF-WAY; APPROVING AN EASEMENT AGREEMENT FOR SAID PURCHASE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the proposed Addison Road Improvement Project is currently underway, which includes right-of-way acquisitions; and WHEREAS, a tract ofland approximately 0.023 acres in size (as described in Exhibit A to the Easement Agreement attached hereto and incorporated herein) is required for permanent right-of-way in connection with the proposed improvement to Addison Road; and WHEREAS, the owner of said tract has agreed to convey the necessary easement to the Town ofAddison for $30,000.00; and WHEREAS, the owner has executed an agreement regarding the conveyance of such easement for said amount subject to approval by the City Council, which agreement is attached hereto and incorporated herein; Now, Therefore, BE IT RESOLVED BY THE CITY COUNcn. OF THE TOWN OF ADDISON, TEXAS: Section I. That the City Council has determined that $30,000.00 is reasonable compensation fur the easement, as described in the above premises, to be acquired and all damages to the property remaining, and does hereby authorize the City Manager to acquire the easement in, over, under and through the 0.023 acre tract of land (as described in the attached Exhibit A to the Easement Agreement attached hereto and incorporated herein, and located generally at 15201 Addison Road) for permanent right-of-way for the expansion of Addison Road. Section 2. That the City Council does hereby approve the Easement Agreement attached hereto regarding the purchase ofthe easement described in Section 1 above, and hereby authorizes the City Manager to take such other and further action as may be necessary to acquire the said easement. Seetion 3. That the City Finance Director be and is hereby authorized to draw a check in favor of Sultan K. Chanaa, or the current owner(s) of record, in the amount of $30,000.00. Section 4. That this Resolution shall take effect immediately from and after its passage. PASSED AND APPROVED by the City Council of the Town of Addison, Texas this 121h day of August, 2003. R Scott Wheeler, Mayor ATTEST: APROVED AS TO FORM: Carmen Moran, City Secretary Ken C. Dippel, City Attorney 1 F' • JUN 2? 4: t-l Fax Statlo ' t'RJET 3 0 JUN-25-2003 15:20 COWLES & THOMPSON 2146722020 P.02/10 EASEMENT AGREEMENT This Agreement is made and entered into by and between Sultana K. Chanaa ("Grantor"), and the Town ofAddison, Texas (the "Town"), WITNESS ETH: WHEREAS, Grantor is the sole owner of certain real property located in the Town of Addison and described in Exhibit A attached hereto and incorporated herein (the "Easement Property"); and WHEREAS, the Town of Addison inlends to construct an extension of Addison Road through the Town (the "Addison Road Extension Project"), part of which wiJl be located upon and over the Easement Property; and WHEREAS, the Town desires to acqui:re an exclusive and perpetual easement in, over, across, upon, under and through the Easement Property for street right-of-way and other public purposes in connection with the construction of the Addison Road Extension, and Grantor desires to sell and convey such easement to the Town; NOW, THEREFORE, for and in consideration oftbe mutual covenants and agreements herein contained, Sultan K. Chanaa and the Town of Addison agree as folloYls: . .. ' .. , 1. Grant of Easement. For and in consideration of the S\Illl set forth in 2. below in hand paid by the Town, the receipt and sufficiency of wbich is hereby acknowledged and confessed, Grantor has GRANTED, SOLD AND CONVEYED, and by theses presents does GRANT, SELL AND CONVEY UDtO the Town of Addison, Texas. its successors and assigus, II perpetual and exclusive easement and right-of-way (the "Easement") in, over, across, upon, under and through the property described in Exhibit A and depicted on Exhibit B (the "EaSement Property") (the said Exhibits being attached hereto and incorporated herein). 2. CODsideration. This easement is granted, sold and conveyed in consideration of the Town's payment to Grantor ofthe swn of Thirty Thousand and No/IOO dollars ($30,000,00), the receipt and sufficiency of which is acknowledged as full compensati'On for the Basement,. any damage to or diminution in value of the Remainder or any other lands or property belonging to Grantor that may be claimed or asserted by virtue of such grant, sale and conveyance and use of the Easement and the Easement Property by tbe Town, and to avoid the cost and expense of litigation. For purposes of this Agreement, the term "Remainder" shall mean that property described in the Warranty Deed attached as Exhibit C, save and except the Easement Property. 3, Pm:nose p(Easement: Other Provisions. A. The Easement, together with ,ill of its rights and privileges, may be used by the Town, its employees. contractors, agents, successors, and assigns in connection with activities relating to the construction, placement, installation, reconstruction. relocation, alteration, 'Operation, use, inspection, maintenance, improvement, and modification of landscaping, irrigation, lighting. utility, sidewalk, or other parkway improvements, or for such other public purposes as the Town from time to time deems necessary, appropriate, or desirable desirable in the Town's Rewed Fax' JUN 5 2003 4'OSPf1 Fax Statl0n: HP . JUN-25-2003 15: 21 COWLES & THOMPSON 2146722020 P.03/10 sale discretion, with respect to the Project. The Town may perf ann all excavation, boring, backfilling, embedding, drilling, grading, and other construction activities as the Town:from time to time deems necessary, appropriate, or desirable in the Town's sole discretion, with respect to the Project and the improvements within the Easement. The Town shall, at all limes, have the right of ingress and egress to and from the Easement and the Easement Property as the Town may deem necessary, appropriate, or desirable. B. Grantor acknowledges and agrees as follows: (i) The Town may authorize aud pennit third parties to use the Project on such terms as the Town in its sote discretion deems appropriate, but no third parities. including the general public, shall acquire any rights in the Easement or the Easement Property as a result ofsuch use. (ti) Gmntor shall nol construct or place within the Easemenl Property Property any building.. fence, wall, plant, or other structure, improvement. or growth of any Chlll"Bcter or type which would interfere, in the Town's sole determination, with the Easement, with the Project or with any improvements within the Basement. The Town shall have the right to remove, and keep removed, aU or part ofany such building, fence, plant, or other structure, improvement or growth of any character or type that is located within the Easement Property and which, in the judgment of the Town, may endanger or in any way interfere with the construction, efficiency, or convenient and safe operation ofthe Project or the exercise oflhe Town's rigbts hereunder. C. Grantor, its successors and assigns, may fully use and enjoy the Easement Property, except that such use and enjoyment shall not hinder, conflict or interfere with the exercise ofthe Town's rights hereunder or with the safe and efficient operation ofthe Project. 4. Exjstinll Fountains. Existing fountains located in the Easement Area shall remain. and shall be protected during construction. 5. ExistiDIL Trees. Existing mature trees removed :from the Easement Area due to construction or work perfonned under this Agreement shall be replaced with three new Red Oak trees and other landscaping and proposed facilities, all of which will be located within the Easement Area as detennined by the Town. 6. Warranty of Title. TO HAVE AND TO HOLD the Easement, together with all and singular the rights, privileges, and appurtenances thereto in anywise belonging, unto the Town of Addison, Texas, its successors and assigns; and Grantor does hereby bind itself, its representatives, successors, and assigns to WARRANT AND FOREVER DEFEND all and singular the Basement and rights conveyed in Ihis instrument unto the Town of Addison, Texas, its representatives, successors, and assigns, against every person whomsoever lawfully claiming oTlo claim all or any part of the interest in the Property. 7. Exdusiyeness QfEasemeot. The easement, rights, and privileges granted by by this conveyance are exclusive, and Grantor covenants not to convey any other clIsement or conflicting rights in the area covered by this grant. 8. Governing Law; Venue. In the event of any action under this Contract, venue for all causes of action shall be instituted and maintained in Dallas County, Texas. The parties agree that the laws of the State of Texas govern the validity. construction. enforcement and , d Fa, ' JUN 25 200 4" F Stat,on : HP LASERJ JUN-25-2003 15:21 COWLES &THOMPSON inteJpretation of this Agreementj and, with respect to any conflict of law provisions, the parties agree that such conflict of law provisions shall not affect the application of the law of Texas (without reference to its conflict of law provisions) to the governing, interpretation, validity and enforcement ofthis Agreement. 9. Entire Allreement. This Agreement contains the entire agreement between the parties relating to its subject matter. Any oral representations or modifications concerning this Agreement shall be of no force and effect Any subsequent amendment or modification must be in writing and agreed to by both parties. 10. Authority. The undersigned are the properly authorized officials or persons and have the necessary authority to execute this Agreement on behalf of the parties hereto, and each party hereby eertities to the other that any necessary resolutions or other act extending such authority have been duly passed and are now in full force and effect. 11. Binding Effect. This Agreement shall bind and inure to the benefit of the respective parties, their personal representatives. successors. and assigns. Executed this l.CL day of ·...)11 1\ t. .2003 GRANTOR: Sultau K. Cbanaa Executed this23 day of. J lM\\.. , 2003 TOWN OF ADDISON :; K __ W􀁾􀁴􀁩􀀺􀀧􀁃􀀮􀀩􀀠Ron vlbitehead. City Manager ec wed Fax ' J 2003 4: OSPf1 Fa : j-tD LASERJET 32 JUN-25-2003 15' 21 COWLES & THOMPSON 2146722020 P.05/10 STATE OF TEXAS § COUNTY OF DALLAS § BEFORE 􀁾􀀧􀀠the undersigned notary public in and for said county and state, on this IQ day of \ U\ t , 2003, personally appeared Sultan K. Chanaa, known 10 me 10 be the identical peoon who executed the within and foregoing document, and acknowledged to me that he executed the same as his free and voluntary act and deed, for the uses and purposes therein sel forth. GIVEN UNDER my band and seal ofoffice the day and year last above written. e "CHIllS1'\' M.ALEXANDER1 NOTAIlY PUBLIC " " STATE OF TEXASmMy Comm. Ii.p. 05·05·07 MY COMMISSION EXPIRES: STATE OF TEXAS § COUNTY OF DALLAS § BEFORE ME, the undersigned notary public in and for said county and state, on this 2.3, day of <-\ w,.u , 2003, personally appeared Ron Whitehead, City Manager for the Town of Addison, and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrUment, the person or entity upon behalf of which he acted executed the instrument for the uses and purposes therein set forth. GIVEN UNDER my hand and seal of office the day and year last above written. Notary Public in and for the State ofTcxll5 MY COMMISSION EXPIRES: MICHELE L. OOViNO _:iJAa&lkJa, !I!iifri4tl,Mid.-iQi "Wllinn COWLES & THOMPSON EXHIBIT A 2146722020 P.06/10 5113102 TOWN OF ADDISON, TEXAS FlELD NOTE DESClUPTION FOR ADDISON ROAD PARKWAY EASEMENT SULTAN K. CBANAA BEING a parcel ofland out of a 0.69 llcre tract ofland located in the Edward Cook Survey, AllSlfl!.ct No. 326, in the Town of Addison, Dallas County, Texas, conveyed to Sultan K. Chanaa, by a deed now of record in Volume 2000215, Page 01991, of the Deed Records ofDallJu County, Texas, and being Block I, Lot 2 of the Sambuca Milling Station Addition. an addition to the Town of Addison, Texas, said parcel of hUla being more partioula:rly described BS folll;lws: BEGlNNlNG at a point for a cornet, said point being N 89·49'29" W, 2.00 feel from the southeast comer of said 0.69 acre tract and N 89"49'29" W, 12.00 feet from the northeasl comer of a 0.774 acre tract of land conveyed to James E. Sauls, by a deed now ofrecotd in Volume 77153, Page 01028, oflhe Deed R\ll;ords of Dallas County, Texas, and said nonheast COl'!lcr of 0.744 acre tract being in the wesl right-of-way line of Addison Road, (genetally a 60 foot right-of-way and generally 30 foot to the center line), said Beginning Point being N 00· 49'02" W, 149.31 feet from a found 1/2 iron rod in the south lillc ohaid 0.774 acre tracl and also being the northeast 􀁣􀁯􀁲􀁮􀁾􀀠of a 1.0289 acre tract of land oonveyed to Gartner-Plano Company, by a deed now ofrecord in Volume 91248, Page 03622, of the DeedJl.ccords ofDal\as County. Texas; THENCE N a9· 49'29" W, along the south line ofsaid 0.69 acre tract, and along the north line of said 0.774 acre tract for a distance of 8.00 feet to a point for corner; THENCE N 00'13'00" E for a distance of 127.35 feet to II point for comer, said point bdng in the norch line of said 0.69 acre tract and in the south line of a 1.48 acre tract ofland conveycd to Samb..ca Partners Limited Partnershlp D, L.P. by a deed now ofrecord in Volume 94100, Page 05581 of the Deed Records of Dallas County, ToxlIs; THENCE S 89"29'00" E along the north tine of said 0.69 acre tract and thc south line of said 1.4& acte tract. a distance of 8.00 fecI to a point for comer, said point being N 89' 31'14" E. 3J8.89 feet and S 00°13 '00" W, 212.21 fcet from a found 518 iron rod being the southwest corner ofa 1.316 sere tract of Jand cQnvcyed to Dyson Enterprises, LP by a dced now ofrecord in Volume 2000034, Pagc 2494 of the Deed Records of Dallas County, Texas and the northwest Corner ofsaid 1.48 acre tract; 'THENCE S 00·13 '00" W, and being 42 feet, more or less, from the centerline of Addison Road, II. distance of 127.30 feet to the Point ofBeginning and containing 1,018.59 sqUQfC feet (0.023 acres) ofland. • 􀁾􀀠􀁾􀁾􀁾􀀠C\l I ----->/,-I.R.f. 􀂷􀁴􀁩􀁬􀀾􀀧􀁾􀀠􀁾􀀠---S 􀁓􀁾􀁕􀁜􀁉􀀧􀀠" cQJIfSi .. s' 5/S: UI.F. 0: 􀁲􀁗􀁦􀀧􀁾􀁴􀁁􀁟􀀠􀁾􀀠􀁾􀁟􀁾'-5/B'lR.F. g' 􀁾􀀠1-EXH1U::-_-􀀭􀀭􀀭􀀭􀀭􀀺􀁾􀁾􀀺􀀷􀁦􀀭􀀭􀀭􀀭􀁉􀀺􀀭� �􀁾􀀠 -------' I d ._ • /'" __ __ -EDWARD COOK SURVEY 1 􀁓􀁃􀁁􀁬􀁥􀀻􀁉􀀢􀁾􀀶􀀰􀀧􀀠􀁾􀀠r-. Ii ABST. NO. 326 "'" /1. --N": "'-ADDISON CAR CARE ADDITION 􀁾􀀠SAMEUCA II/FILLING !Ii VOL 87111. PG, 02B6 II STATION 􀁾􀀡􀁥􀀺􀀠• I I I I 1ADDITION 1-:􀁾􀀠--: SULTAN K. CHANAA I VOL 94117. PG. 06134 I'" I I BlOCK I, LOI 2 SAM8UCA PARTNERS UMIIEIl 􀁾􀀠I I I II51 􀁾􀀠PMHNERSHIP Il. LP, 1 '\ SiB" f.R F. VOL 9411)0. PG, 05581 BLOCK 1, LOT I ·i ;I 11:15211 AOOISON 􀁾􀁉II ... 􀁾􀀮􀀮􀀬􀀮􀀠1 􀁗􀀯􀁏􀁃􀁓􀁁􀁾􀀠I e Ii! O'ISOPI 􀁦􀁴􀁉􀁔􀂣􀁒􀁉􀀧􀁒􀁬􀁓􀁾􀁓􀀬􀀠U' JOINT \lENlUR{ " 1/2" JAr a.OO' 1 ocrll'OO" £. 127.J5'4 I 1/2' IRf"\ I I 􀁾___: 􀁾􀀠It 00'49'02" 'II -149.31· '---S DO"U'OO" W 􀀲􀀱􀀲􀀺􀁚􀁴􀁾􀀠(REF" ERENC£ eo.RIH'G) ;::--ji!EmiEi,cr 􀁾􀀮􀁃􀀩---....: OO'\3'ii1jrw -." m,lO' --_.1-1___ ___::JL '-...j--=,iI---'-'12' Sl'REEI OECAIlON CONC.ADDISON 􀁾􀀠ROAD 􀁲􀁾􀀠l!11'1l'l or AOOISON If) POl·"NT.........,o""r--􀁾􀀠BEGINNING 1/2" IH' '-. -TOWN OF ADDISON. TEXAS,----,u ADDISON ROAO PARKWAY EASEMENT􀁉􀀭􀁘􀀭􀁾􀀠CONe-SULTAN K. CHANM afUc:HOFT. HN!)RICI'... _ ..."T........."".....""", " ...II..u,..., WARRANTY DDl> WlTB VENDOR'S LIEN CutN__I 0,_, 'I'IIEflLUNQ .... 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IUIIe Df 111' pu1111cno'j MIIIPI ...til: 􀁾mil:! .md 'lIHJIdaM lID 􀁾􀁟􀁍􀁉􀁴• ."...,. 'l'1li ..... "'" ....... .., -'"llie .. tile _ ... .-...., ........ _"'" .. filly pol. """"*" ....._ II ........II1II ____• -""'_.................--_...."""""'. ('.9 IT" STAT! 01' 1'IlXAI 􀁾􀁯􀁰__________... 􀀧􀁉􀁉􀁉􀁾􀀠􀀭􀀭􀁾be,........ ao _ ••••_ *10' _ ••._ • _ ••••_.1Iy "U.... ..... 􀁟􀁾􀁲􀂷􀀮􀁟􀀮􀀠Nooar•...,""loI'..•...... TbltbdWarat* .. vA ta ''''ern..... -lL .,111 oem oem .2GD. '" &4MY.DO_ • 'IIIIIIIIIHI' ,01 'I'IfIJ'lLI.1H8rrA'IIOI'HI'ADI'IISON.INC. • • T.IM t'f' ...._tRaIlOfallt7'1 ) I • 'll!lIZ IS 01992 ewed Fax' J N 25 2003 4:0SPf· fax Statlon: H IUET 320 1 JUN-25-2003 15:22 COWLES & THOMPSON 214&722020 P.10/10 EXHlBlTC • J..I1;,lOJ 􀁾\' HvO 􀀭􀁾􀁈􀀳􀀱􀀺􀀺􀁴􀀠AJu,"'f't􀀱􀁉􀀺􀁴􀁾􀂷􀀺􀂷􀂷􀂷􀂷􀀠...... . 00'1 lid &-WIIDlDI 031,,:j .21501993 • 􀁔􀁏􀁔􀁾􀀠P.10 COWLES 􀀦􀁔􀁈􀁏􀁍􀁐􀁓􀁏􀁾􀀠A Professional Corporation ATTORNEYS AND COUNSELORS ANGELA K. WASHINGTON 214,672.2144 AWASHINGTON@COWLESTHOMPSON.COM June 26, 2003 Mr. Leon Scroggins Owens, Clary & Aiken 700 North Pearl Street, Suite 1600 Dallas, TX 75201 RE: Parcel 2, Sultan Chanaa -Addison Widening of Road Project Dear Leon: Thank you for your letter of June 20, 2003 forwarding the executed Agreement for the above-referenced property, The City Manager has signed off on the Agreement. Because the purchase price is greater than the appraisal amount, however, the Agreement must be approved by the City Council before we can close the transaction. The Agreement is being scheduled on the Augnst 12, 2003 Council Agenda, Once approved by the Council, I will forward to you a fully executed Agreement and instruct the Title Company to proceed with closing of the transaction. If you have any questions or concerns, please give me a call, Sincerely, 􀁾]t, raf-----./-. Angela K. Washington l' AKW/yjr c: Mr. Mike Murphy, w/Town of Addison Mr. Steve Chutchian, w/Town of Addison Mr. Ken Dippel, w/finn <.I{)1 MAIN STREET SUITE 'lOGO {)ALlAS. TEXAS 75202·31'13 D • L LAS T Y L E R TEL 214.672.2000 FAX 214.672.2020 Document j/: ]f)SRO]3 WWW.COWLE5THOMPSON.COM Steve Chutchian To: Washington, Angela Subject: RE: Sultan Chanaa Property in Addison Texas Angela Mike Murphy talked with Chris Terry about the counter-offer, and they have asked that you prepare a Contract of Sale, with an attached cover letter, with the following provisions: a. The Town will replace the existing trees with new Red Oak trees within the proposed parkway easement. b. The existing fountain is currently located outside of the limits of our project and will not be affected by the upcoming construction. The value of the fountain is not an issue. c. $13.00 per square foot is will above the Fair Market Value, and the Town cannot pay this amount. d. The Town agrees to pay the owner a total of $30,000.00, plus install new landscaping, lighting, sidewalks, etc. Your assistance in preparing these documents for Sultan Chanaa is greatly appreciated. If the owner rejects this contract of sale, we will be forced to proceed with eminent domain proceedings on the parcel. Thanks. Steve C. -----Original From: Washington, Angela [mailto:awashington@cowlesthornpson.comj Sent: Monday, November 04, 2002 5:26 PM To: Steve Chutchian (E-mail); 'mmurphy@ci.addison.tx.us· Cc: DIPPEL, KEN Subject: FW: Sultan Chana a Property in Addison Texas Below is the counter offer from Sultan Chanaa, which I received today. -----Original From: Leon G. Scroggins [mailto:lasfirm@flash.netj Sent: Monday, November 04, 2002 9:58 AM To: 'Washington, Angela' Subject: RE: Sultan Chanaa Property in Addison Texas Ms. Washington: Please accept my apologies in the delay in getting back to you. I was in a closing in Philadelphia from Wednesday through Saturday. After discussing the matter with my clients, they are willing to accept $65,000 for the taking. The value of the real property is approximately $13.00 per square foot, and the taking will necessitate the destruction of four (4) mature trees, located in the landscaping on the Property, as well as a fountain that has a value of approximately $15,000. please advise at your convenience. Sincerely, Leon G. Scroggins, II -----Original Message----From: Washington, Angela [mailto:awashington@cowlesthornpson.com] Sent: Thursday, October 24, 2002 5:51 PM 1 I To: 'lasfirrn@flash.net' Cc: HILL, JOHN Subject: Sultan Chanaa Property in Addison Texas Mr. Scroggins The Town of Addison is agreeable to an extension for you to submit your counter offer. AS I am out of the office next week, forward the counter offer to John Hill who is copied on this e-mail. If there will be a delay beyond next week, please let Mr. Hill know. He can be reached at 214-672-2170. look forward to working with you on this matter. Angela Washington 2 TOWN OF ADDISON, TEXAS FIELD NOTE DESCRIPTION 􀁜􀁆􀁏􀁒􀀠THE FILLING . ATION OF ADDISON, INC. (p WAY EASEMENT) 􀁾􀀠, \ BEING a tract out of a 1.00 acre tract of land located in the Edward Cook Survey, Abstract No. 326, in the Town of Addison, Dallas County, Texas, conveyed to The Filling Station of Addison, Inc., by a deed now of record in Volume 94100, Page 05577, of the Deed Records of Dallas County, Texas, said tract ofland being more particularly described as follows: BEGINNING at a point for a comer, said point being the southeast comer of said 1.00 acre tract and the northeast comer of a 0.774 acre tract of land conveyed to James E. Sauls, by a deed now of record in Volume 77153, Page 01028, of the Deed Records of Dallas County, Texas, and being in the west right-of-way line of Addison Road, (generally a 60 foot right-of-way and generally 30 foot to the center line), said point also being N 3° 47'01" E, 149.58 feet from a found 112 iron rod in the south line of said 0.774 acre tract and also being the northeast comer of a 1.0289 acre tract of land conveyed to Gartner-Plano Company, by a deed now of record in Volume 91248, Page 03622, ofthe Deed Records ofDallas County, Texas; THENCE, N 89" 49'29" W, along the south line of said 1.00 acre tract, and along the north line of said 0.774 acre tract for a distance of 20.00 feet to a point for comer; THENCE, N 00· 13'00" E for a distance of 160.45 feet to a point for comer, said point being in the north line of said l.00 acre tract and in the south line ofa 1.295 acre tract of land conveyed to Sambuca Partners Limited Partnership II, L. P., by a deed now of record in Volume 94100, Page 05581, of the Deed Records of Dallas County, Texas; THENCE, N 89° 45 '01" W along the north line of said 1.00 acre tract and the south line of said 1.295 acre tract, a distance of 20.00 feet to a point for comer, said point being the northeast comer of said 1.00 acre tract, the southeast comer of said 1.295 acre tract and being in the west right-of-way line of said Addison Road, said point also being S O· 00'58" E, 354.02 feet from a found "X" in concrete and being the southeast comer of a 0.0331 acre tract ofland conveyed to Oasis Car Wash, Inc. by a deed now of record in Volume 97234, Page 06238 of the Deed Records of Dallas County, Texas and also in the Addison Car Care Addition, an addition to the Town of Addison, Dallas County, Texas as recorded in Volume 87111, Page 0286 of the Map Records of Dallas County, Texas; THENCE,S 00" 13'00" W along the east line of said 1.00 acre tract and the west right-of-way line of said Addison Road, a distance of 160.59 feet to the Point of Beginning and containing 3,210,41 square feet (0.073 acres) ofland. .. '" 15 n :5 a. 1 Cl 'i;il III :5 a. n... 00 '" z 0 Ul Ci Cl... 􀁾􀀠 􀁾􀀠 :C 0 '" " Lii :;;! <.:; III :x: i2-N 0 , N N , 0 " -I >I Z'"ct N :::itO 0"" ud 00.. Z :5ro 0.. .... 􀁉􀁾0:: '" 􀁾􀀠.1 .... -'10::5' 􀁾􀀠SAULS JAMES E VOL. 77153. PG. 1028 1/2" IRF N 89'49'29" W 20.00' ---¥'=-::::-___ 􀁾􀀠03'47'01" E -149.58' '----'(REFERENCE 􀁂􀁅􀁁􀁉􀀧􀁉􀁎􀁇􀀩􀁾􀀽􀀭􀀺􀀺􀁾􀀡􀁅􀁀􀁾􀀠THE FILLING STATION OF ADDISON, INC, VOL. 94100, PG. 5577 5/8" I.R.F. 􀁗􀀯􀀧􀁄􀁃􀀤􀁁􀁾􀀮􀀠􀁾􀁜􀀠PROPOSED 20' PARKWAY EASEMr ...... I I I 􀀭􀀭􀁾􀀯􀀸􀁾􀁉􀀮􀁒􀀮􀁆􀀬􀁊􀁉􀀱􀀠EDWARD COOK SURVEY ASST. NO. 326 I 1 c SCALE: 1"",60' --􀀯􀀭􀁾􀁾􀀠---Ii 􀁉􀀮􀀺􀁾􀀠,//------H In n II ADDISON CAR CARE ADDIT:ON I I I I VOL 87111. PG. 0286 I I I I LOT 1. BLOCK 1 I I I I I SAMBUCA PARTNERS II, LP. VOL 94100. PG, 5581 N 45'01" E 20.00' ADDISON ROAD S 00'00'58" E -354.02' (REFERENCE BEARING) I I I I I I I I I I I I I I I IS CAR WASH. INC. I VOL 97234. PG, 06238 LOT 2. BLOCK 1I I I I I II OASIS CAR WASH. INC, I OL 97234, PG. 0623 TRACT III I 􀁾􀀭􀀭􀀬􀀠II 1/2" IRF\I I I ____􀁾􀁉􀁊􀁟􀁾􀁾__􀁾__􀁾􀁾􀁉􀀠􀁾􀁘􀀢􀁉􀁎􀀠CONC. }"-i)..---"X"IN CONC. 􀁾􀀠1/2" IRF "'.􀀬􀀱􀀭􀀭􀀮􀀮􀀮􀀺� �􀀮􀀮􀀮􀀻􀁔􀁏􀀺􀀮􀀮􀀮􀀺􀀮􀀻􀁗􀀻􀀮􀀻􀀮􀀮􀀮􀀺􀀮􀁎􀀮􀀮􀀮􀀮􀀮􀀻􀁏􀀢􀀽􀀭􀀽􀁆􀀺􀀺􀀭􀀺􀀧􀀺􀀺􀁁􀀷􀀭􀀺􀁄􀀭􀀽􀀺􀁄􀁉􀁓􀁾􀁏􀁾􀁎􀀮􀀡􀀭􀁴...;...=TEXA:::..::....:.;:S'--I --ADDISON ROAD BELT LINE RD, TO KELLER SPRINGS RD. PARKWAY EASEMENT BIRKHOFF. HENDRICKS &: CONWAY. LLP. JAN., 2002 CONSULTING ENGINEERS PLAT 3W 􀁄􀁒􀁁􀁆􀀱􀁾􀀠 EASEMENT AGREEMENT This Agreement is made and entered into by and between Sultana K Chanaa ("Grantor"), and the Town of Addison, Texas (the "Town"). WITNESSETH: WHEREAS, Grantor is the sole owner of certain real property located in the Town of Addison and described in Exhibit A attached hereto and incorporated herein (the "Easement Property"); and WHEREAS, the Town of Addison intends to construct an extension of Addison Road through the Town (the "Addison Road Extension Project"), part of which will be located upon and over the Easement Property; and WHEREAS, the Town desires to acquire an exclusive and perpetual easement in, over, across, upon, under and through the Easement Property for street right-of-way and other public purposes in connection with the construction of the Addison Road Extension, and Grantor desires to sell and convey such easement to the Town; NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, Sultan K Chanaa and the Town ofAddison agree as follows: 1. Grant of Easement. For and in consideration of the sum set forth in 2. below in hand paid by the Town, the receipt and sufficiency of which is hereby acknowledged and confessed, Grantor has GRANTED, SOLD AND CONVEYED, and by theses presents does GRANT, SELL AND CONVEY unto the Town of Addison, Texas, its successors and assigns, a perpetual and exclusive easement and right-of-way (the "Easement") in, over, across, upon, under and through the property described in Exhibit A and depicted on Exhibit B (the "Easement Property") (the said Exhibits being attached hereto and incorporated herein). 2. Consideration. This easement is granted, sold and conveyed in consideration of the Town's payment to Grantor of the sum ofThirty Thousand and NollOO dollars ($30,000.00), the receipt and sufficiency of which is acknowledged as full compensation for the Easement, any damage to or diminution in value of the Remainder or any other lands or property belonging to Grantor that may be claimed or asserted by virtue of such grant, sale and conveyance and use of the Easement and the Easement Property by the Town, and to avoid the cost and expense of litigation. For purposes of this Agreement, the term "Remainder" shall mean that property described in attached Exhibit C, save and except the Easement Property. 3. Pnrnose ofEasement; Other Provisions. A. The Easement, together with all of its rights and privileges, may be used by the Town, its employees, contractors, agents, successors, and assigns in connection with activities relating to the construction, placement, installation, reconstruction, relocation, alteration, operation, use, inspection, maintenance, improvement, and modification of landscaping, irrigation, lighting, utility, sidewalk, or other parkway improvements, or for such other public purposes as the Town from time to time deems necessary, appropriate, or desirable in the Town's sole discretion, with respect to the Project. The Town may perform all excavation, boring, backfilling, embedding, drilling, grading, and other construction activities as the Town from time to time deems necessary, appropriate, or desirable in the Town's sole discretion, with respect to the Project and the improvements within the Easement. The Town shall, at all times, have the right of ingress and egress to and from the Easement and the Easement Property as the Town may deem necessary, appropriate, or desirable. B. Grantor acknowledges and agrees as follows: (i) The Town may authorize and permit third parties to use the Project on such terms as the Town in its sole discretion deems appropriate, but no third parities, including the general public, shall acquire any rights in the Easement or the Easement Property as a result ofsuch use. (ii) Grantor shall not construct or place within the Easement Property any building, fence, wall, plant, or other structure, improvement, or growth of any character or type which would interfere, in the Town's sole determination, with the Easement, with the Project Project or with any improvements within the Easement. The Town shall have the right to remove, and keep removed, all or part ofany such building, fence, plant, or other structure, improvement or growth ofany character or type that is located within the Easement Property and which, in the judgment of the Town, may endanger or in any way interfere with the construction, efficiency, or convenient and safe operation ofthe Project or the exercise ofthe Town's rights hereunder. C. Grantor, its successors and assigns, may fully use and enjoy the Easement Property, except that such use and enjoyment shall not hinder, conflict or interfere with the exercise ofthe Town's rights hereunder or with the safe and efficient operation ofthe Project. 4. Existing Fountains. Existing fuuntains located in the Easement Area shall remain, and shall be protected during construction. 5. Existing Trees. Existing mature trees removed from the Easement Area due to construction or work performed under this Agreement shall be replaced with new Red Oak trees. 6. Warranty of Title. TO HAVE AND TO HOLD the Easement, together with all and singular the rights, privileges, and appurtenances thereto in anywise belonging, unto the Town of Addison, Texas, its successors and assigns; and Grantor does hereby bind itself, its representatives, successors, and assigns to WARRANT AND FOREVER DEFEND all and singular the Easement and rights conveyed in this instrument unto the Town of Addison, Texas, its representatives, successors, and assigns, against every person whomsoever lawfully claiming or to claim all or any part ofthe interest in the Property. 7. Exclusiveness of Easement. The easement, rights, and privileges granted by this conveyance are exclusive, and Grantor covenants not to convey any other easement or conflicting rights in the area covered by this grant. 8. Governing Law; Venue. In the event of any action under this Contract, venue fur all causes of action shall be instituted and maintained in Dallas County, Texas. The parties agree that the laws of the State of Texas govern the validity, construction, enforcement and interpretation ofthis Agreement; and, with respect to any conflict of law provisions, the parties agree that such conflict of law provisions shall not affect the application of the law of Texas (without reference to its conflict of law provisions) to the governing, interpretation, validity and enforcement ofthis Agreement. 9. Entire Agreement. This Agreement contains the entire agreement between the parties relating to its subject matter. Any oral representations or modifications concerning this Agreement shall be of no force and effect. Any subsequent amendment or modification must be in writing and agreed to by both parties. 10. Autbority. The undersigned officers and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolutions or other act extending such authority have been duly passed and are now in full force and effect. 11. Binding Effect. This Agreement shall bind and inure to the benefit of the respective parties, their personal representatives, successors, and assigns. Executed this __day of______-', 2002 GRANTOR: Sultan K. Chanaa Executed this __day of______--", 2002 TOWN OF ADDISON By: Ron Whitehead, City Manager STATE OF TEXAS § COUN'IY OF DALLAS § BEFORE ME, the undersigned notary public in and for said county and state, on this __----: day of , 2002, personally appeared Sultan K. Chanaa, known to me to be the identical person who executed the within and foregoing document, and acknowledged to me that he executed the same as his free and voluntary act and deed, for the uses and purposes therein set forth. GIVEN UNDER my hand and seal ofoffice the day and year last above written. Notary Public in and for the State ofTexas MY COMMISSION EXPIRES: [SEAL] STATE OF TEXAS § COUN'IY OF DALLAS § BEFORE ME, the undersigned notary public in and for said county and state, on this -,-------,--_ day of , 2002, personally appeared Ron Whitehead, City Manager for the Town of Addison, and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person or entity upon behalf of which he acted executed the instrument for the uses and purposes therein set forth. GIVEN UNDER my hand and seal ofoffice the day and year last above written. Notary Public in and for the State ofTexas MY COMMISSION EXPIRES: [SEAL] 􀁾􀀠/(2 3/1-6 0 .5!. j1,4-se j) 01'1//TH F q.. T/Z EE1 IA-{U-13f'> 1 7.30 1$, F· {Ze "t-ci vej) {/Z tPCAe EJ) /v( 1H 3 /ZEJ) 􀁏􀀬􀁁􀀭􀁾􀁲􀀻􀀠7JV1, FIT '''-(0 􀁾􀀠C-,,1 tf/[} J CA-I'IIV t; { L { t;ff7Tll--y 7lk "'t E", Steve Chutchian From: Washington, Angela [awashington@cowlesthompson.comJ Sent: Monday, November 04, 2002 5:26 PM To: Steve Chutchian (E.mail): 'mmurphy@ci.addison.tx.us' Ce: DIPPEL, KEN Subject: FW: Sultan Chanaa Property in Addison Texas Below is the counter offer from Sultan Chanaa, which I received today. -----Original Message----From: Leon G. Scroggins [mailto:lasfirm@flash. netJ Sent: Monday, November 04, 2002 9:58 AM To: 'Washington, Angela' Subject: RE: Sultan Chanaa Property in Addison Texas Ms. Washington: Please accept my apologies in the delay in getting back to you. I was in a closing in Philadelphia from Wednesday through Saturday. After discussing the matter with my clients, they are willing to accept 􀁾􀀶􀁾􀀬􀁏􀁏􀁏􀀠for. tha taking. The value of the real property is approximately $13.00 per square foot, and the taking will necessitate the destruction of four (4) mature trees, located in the landscaping on the Property, as well as a fountain that has a value of approximately $15,000. Please advise at your convenience. Sincerely, Leon G. Scroggins, II -----Original Message----From: Washington, Angela (mailto:awashington@cowlesthompson.com] Sent: Thursday, October 24, 2002 5:51 PM To: 'lasfirm@flash.net' Cc: HILL, JOHN Subject: Sultan Chanaa Property in Addison Texas Mr. Scroggins The Town of Addison is agreeable to an extension for you to submit your counter offer. As I am out of the office next week, please forward the counter offer to John Hill who is copied on this e-mail. If there will be a delay beyond next week, please let Mr. Hill know. He can be reached at 214-672-2170. look forward to working with you on this matter. Angela Washington I Steve Chutchian From: Washington, Angela [awashington@cowleslhompson.coml Sent: Monday, November 04, 2002 5:26 PM To: Steve Chutchian (E-mail);·mmurphy@ci.addison.lx.us· Cc: DIPPEL, KEN Subject: FW: Sultan Chanaa Property in Addison Texas Below is the counter offer from Sultan Chanaa, which I received today. -----Original Message----From: Leon G. Scroggins [mailto:lasfirrn@flash .netj Sent: Monday, November 04, 2002 9:58 AM To: 'Washington, Angela' Subject: RE: Sultan Chanaa Property in Addison Texas Ms. Washington: Please accept my apologies in the delay in getting back to you. I was in a closing in Philadelphia from Wednesday through Saturday. After discussing the matter with my clients, they are willing to accept $65,000 for the taking. The value of the real property is approximately $13.00 per square foot, and the taking will necessitate the destruction of four (4) mature trees, located in the landscaping on the Property, as well as a fountain that has a value of approximately $15,000. Please advise at your convenience. Sincerely, Leon G. Scroggins, II -----Original Message----From: Washington, Angela [mailto:awashington@cowlesthompson.com] Sent: Thursday, October 24, 2002 5:51 PM To: 'lasfir:m@flash.net' Cc: HILL, JOHN Subject: Sultan Chanaa Property in Addison Texas Mr. Scroggins The Town of Addison is agreeable to an extension for you to submit your counter offer. As I am out of the office next week, please forward the counter offer to John Hill who is copied on this e-mail. If there will be a delay beyond next week, please let Mr. Hill know. He can be reached at 214-672-2170. look forward to working with you on this matter. Angela Washington 1 I Steve Chutchian From: Washington. Angela [awashington@cowlesthompson.coml Sent: Friday. June 13. 2003 2:32 PM To: Douglas H. Conner (E-mail) Cc: Steve Chulchian; Mike Murphy; DIPPEL, KEN Subject: Draft Petition for Parcel 2 (Sultan Chaana). Addison Rd Project Enclosed Pelition • Parcel 2 (Sultan Ch... Doug Enclosed is the draft petition for Parcel 2 (Sultan Chaana). I am waiting for a copy of the approved resolution to fill in the date in the petition. Also, I have good addresses for everyone except Mr. Chaana. The address that I used for him is where I reached his son. Do we need to do alternate service? Also, I did give his attorney, Leon Scroggins a call just a minute ago to see if he had an address for Mr. Chaana. He says he does not, but will be sending me a signed agreement soon. I have been hearing this for a while, so I am moving forward as instructed by the Town. I will let you know if I get the agreement before I hear back from you regarding alternate service or get the resolution from steve. Otherwise, we move forward. Thanks Angela «Petition -Parcel 2 (Sultan Chaana»> 1 .gSd COWLES &THOMPSON A Professional Corporation􀁾􀀢􀀷􀀠1978-2003 ATTORNEYS AND COUNSELORS ANGELA K. WASHINGTON .214.G12.2144 AWASH!NGTON@CQWLESTHOMPSON.COM June 13, 2003 Mr. Douglas H. Conner Boyle & Lowry 4201 Wingren, Suite 108 Irving, TX 75062 RE: Parcel 2 (Sultan Chanaa), Addison Widening of Road Project Dear Doug: Enclosed is Exhibit A (property description) for the Petition in Condemnation for the abovereferenced property. A hard copy of the petition is also enclosed. As stated in my e-mail sent earlier today, the address for Mr. Chanaa is the address for his son. Thus, alternate service may be necessary and an amendment to the petition to reflect such alternate service may also be necessary. Please let me know how you wish to handle such service. As I also stated in an email to you earlier today, Mr. Chanaa's attorney has told me that he will be sending me an executed Agreement. If the Agreement is not in my hands by the early part of next week, however, we will need to go forward with the filing of of the petition. Thank you for your assistance. Sincerely, ,---,'􀁾Vrq!J___J Angela K. Washington AKW/yjr Enclosures c(w/o Enclosures): Mr. Mike Murphy Mr. Steve Chutchian Mr. Kenneth Dippel Q01 MAIN STREET SUITE <1000 DALLAS, TEXAS 75202·37'D DALLAS T Y l E R TEL 214.672.2000 FAx 214.b12.2020 WWW,COWLESTHOMPSON,COM COWLES &THOMPSON A Professional Corporation ATTORNEYS ANO COUNSELORS ANGeLA K. WASHINGTON 21U7U144 AWA$J1INGTON@COWLESTHOMPSON.cOM October 17, 2002 Mr. Sultan Chanaa c/o Mr. Adam Chanaa 19009 Preston Road, Suite 209 Dallas, TX 75252 RE: 0.6919 Acre Tract located at 15201 Addison Road Dear Mr. Chanaa: Per my discussion with Mr. Adam Chanaa, enclosed is a metes and bounds description and a survey depiction of the property that the Town of Addison needs for the extension of Addison Road. [fyou have any questions, please feel free to give me a call. 􀁾􀁸􀀴􀁾􀀠Angela K. Washington AKW/yjr Enclosures c: Mr. Ron Whitehead, City Manager Mr. Mike Murphy, Director of Public Works Mr. Steve Chutchian, Assistant City Engineer Mr. Kenneth C. Dippel. City Attorney 901 MAIN STREET SU[TE 4000 DALl.AS, TEXAS ,52)23;'13 o ALL A S T '/L E R TEL 214,072,2000 fAX 214,h72.2020 www.tOWLESTHOMPSON.COM COWLES &THOMPSON A Professional Corporation ATTORNEYS AND COUNSELORS ANGELA K. WASHINGTON 214.612.2144 AWASHINGTON'@COWlESTHOMPSON,COM October 16, 2002 Mr, Sultan Chanaa c/o Mr. Adam Chanaa 19009 Preston Road, Suite 209 Dallas, TX 75252 RE: 0.6919 Acre Tract located at 15201 Addison Road Dear Mr. Chanaa: Ken Dippel with this office serves as City Attorney for the Town of Addison. As we discussed over the telephone on Tuesday, October 15, 2002, the Town of Addison is in the process of extending Addison Road. The Town is currently in the right-of-way acquisition phase of the project. In connection with this project, the Town has determined the need to acquire a portion of the tract ofland that is currently occupied by the vacant restaurant that used to be The Filling Station. This land acquisition is necessary for the purpose of obtaining public right-of-way for the Addison Road project along with related municipal uses including public parks and open spaces. The firm of Hipes & Associates appraised the property in March of this year. The enclosed summary sheet shows that the fair market value of the area to be acquired is $23,460.00. Thus, the Town is willing to purchase the property for $23,460,00, The Town of Addison requests that you respond to this offer of purchase no later than October 31, 2002. [f we do not hear from you by October 31, 2002, the Town will consider its offer rejected and we will initiate eminent domain proceedings to acquire the property. , Should you have any questions, please feel free to contact me. Sincerely, 􀀯􀁾􀀩􀀨􀀮􀁲􀀨􀁪􀁾􀀩􀀠Angela K. Washington AKW/yjr Enclosure c: Mr. Ron Whitehead, City Manager Mr, Mike Murphy, Director of Public Works , Mr. Steve Chutchian, Assistant City Engineer Mr. Kenneth C. Dippel, City Attorney qt}l MAIN STREET SUITE 4000 OAllItS, TE''':; 7:';-)2 ;'i'.l} DALLAS T Y L E R TEL 214 1:172.2000 FAX 214.072:.2020 Document. 102;39'71 www.cowlE5THOMPSON.COM SUMMARY OF SALIENT FACTS A Parkway Easement Acquisition at 15201 Addison Road Sultan K. ChaRaa • Owner Date of the Appraisal: Value Estimated: Property Rights Appraised: Property Appraised: Property Zoned: Highest & Best Use: "As vacant": "As improved": Estimates of Fee Simple Value: Whole Property Land Value (Sales Comparison): Cost Approach: Income Approach: Sales Comparison Approach: Whole Property: Part Taken: Parkway easement Remainder Before the Take: Remainder After the Take: Addison, Texas March 20, 2002 Market Value· Just Compensation Fee Simple & Easement A :!:0.6916 Acre tract improved with a restaurant facility, located at 15201 Addison Rd., Addison, Texas. LR. local retail To be developed in conformity with adjacent land uses as demand warrants. To be maintained as a restaurant facility. $346,449 $635,000 $623,257 (generic est.) $653,200 $653,200 $ 23,460 $629,740 $653.200 Final Value Estimate: JUST COMPENSATION $ 23,460 ill .gsd COWLES &THOMPSON A Professional Corporation􀁾􀁲􀁍􀁪􀀯􀀧􀀠1978·2003 ATTORNEYS AND COUNSELORS ANGELA K. WASHINGTON 214,612.2144 AWASHINGTON@COWLESTHOMPSON.COM June 23, 2003 VIA HAND DELIVERY Mr. Ron Whitehead City Manager Town of Addison 5300 Belt Line Road Dallas, TX 75254 RE: Parcel 2 (Sultan Cbanaa), Addison Widening of Road Project Dear Ron: Enclosed are two executed originals of the Easement Agreement for the above-referenced property. Please execute, date, and return both documents. I will then forward one original to the owner's attorney and initiate the closing process. If you have any questions or concerns, please give me a calL Sincerely, AKW/yjr Enclosures c: Mr. Mike Murphy (wlEnclosures) Mr. Steve Chutchian (wlEnclosures) Mr. Ken Dippel 9(l1 MAIN STREET SUITE 41)00 DALLAS, TEXAS 􀀷􀀵􀀲􀀰􀀲􀁾􀀳􀀷􀀧􀀱􀀳􀀠o ALL A S T Y L E R TEL 214.672.2000 FAX 214.6722020 Dcxu."TI<::nt /I' 10.51536 WWW.COWLE5THOMPSON.COM EASEMENT AGREEMENT This Agreement is made and entered into by and between Sultana K. Chanaa ("Grantor"), and the Town ofAddison, Texas (the "Town"). WITNE SSE TH: WHEREAS, Grantor is the sole owner of certain real property located in the Town of Addison and described in Exhibit A attached hereto and incorporated herein (the "Easement Property"); and WHEREAS, the Town of Addison intends to construct an extension of Addison Road through the Town (the "Addison Road Extension Project"), part of which will be located upon and over the Easement Property; and WHEREAS, the Town desires to acquire an exclusive and perpetual easement in, over, across, upon, under and through the Easement Property for street right-of-way and other public purposes in connection with the construction of the Addison Road Extension, and Grantor desires to sell and convey such easement to the Town; NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, Sultan K. Chanaa and the Town ofAddison agree agree as follo,ws: 1. Grant of Easement. For and in consideration of the sum set forth in 2. below in hand paid by the Town, the receipt and sufficiency of which is hereby acknowledged and confessed, Grantor has GRANTED, SOLD AND CONVEYED, and by theses presents does GRANT, SELL AND CONVEY nnto the Town ofAddison, Texas, its successors and assigns, a perpetual and exclusive easement and right-of-way (the "Easement") in, over, across, upon, under and through the property described in Exhibit A and depicted on Exhibit B (the "Easement Property") (the said Exhibits being attached hereto and incorporated herein). 2. Consideration. This easement is granted, sold and conveyed in consideration of the Town's payment to Grantor of the sum ofThirty Thousand and No/IOO dollars ($30,000.00), the receipt and sufficiency of which is acknowledged as full compensation for the Easement, any damage to or diminution in value of the Remainder or any other lands or property belonging to Grantor that may be claimed or asserted by virtue of such grant, sale and conveyance and use of the Easement and the Easement Property by the Town, and to avoid the cost and expense of litigation. For purposes of this Agreement, the term "Remainder" shall mean that property described in the Warranty Deed attached as Exhibit C, savc and except the Easement Property. 3. Purpose of Easement Other Provisions. A. The Easement, together with all of its rights and privileges, may be used by the Town, its employees, contractors, agents, successors, and assigns in connection with activities relating to the construction, placement, installation, reconstruction, relocation, alteration, operation, use, inspection, maintenance, improvement, and modification of landscaping, irrigation, lighting, utility, sidewalk, or other parkway improvements, or for such other public purposes as the Town from time to time deems necessary, appropriate, or desirable in the Town's Ooeumalll#: 1029511 sole discretion, with respect to the Project. The Town may perform all excavation, boring, backfilling, embedding, driJling, grading, and other construction activities as the Town from time to time deems necessary, appropriate, or desirable in the Town's sole discretion, with respect to the Project and the improvements within the Easement. The Town shall, at aU times, have the right of ingress and egress to and from the Easement and the Easement Property as the Town may deem necessary, appropriate, or desirable. B. Grantor acknowledges and agrees as follows: (i) The Town may authorize and permit third parties to use the Project on such terms as the Town in its sole discretion deems appropriate, but no third parities, including the general public, shall acquire any rights in the Easement or the Easement Property as a result ofsuch use. (ii) Grantor shall not construct or place within the Easement Property any building, fence, wall, plant, or other structure, improvement, or growth of any character or type which would interfere, in the Town's sole determination, with the Easement, with the Project or with any improvements within the Easement. The Town shall have the right to remove, and keep removed, all or part of any such building, fence, plant, or other structure, improvement or growth of any character or type that is located within the Easement Property and which, in the judgment of the Town, may endanger or in any way interfere with the construction, efficiency, or convenient and safe operation of the Project or the exercise of the Town's rights hereunder. C. Grantor, its successors and assigns, may fully use and enjoy the Easement Property, except that such use and enjoyment shall not hinder, conflict or interfere with the exercise of the Town's rights hereunder or with the safe and efficient operation ofthe Project. 4. Existing Fountains. Existing fountains located in the Easement Area shall remain, and shall be protected during construction. 5. Existing Trees. Existing mature trees removed from the Easement Area due to construction or work performed under this Agreement shall be replaced with three new Red Oak trees and other landscaping and proposed facilities, all of which will be located within the Easement Area as determined by the Town. 6. Warranty of Title. TO HA VB AND TO HOLD the Easement, together with all and singUlar the rights, privileges, and appurtenances thereto in anywise belonging, unto the Town of Addison, Texas, its successors and assigns; and Grantor does hereby bind itself, its representatives, successors, and assigns to WARRANT AND FOREVER DEFEND all and singular the Easement and rights conveyed in this instrument unto the Town of Addison, Texas, its representatives, successors, and assigns, against every person whomsoever lawfully claiming or to claim all or any part ofthe interest in the Property. 7. Exclusiveness of Easement. The easement, rights, and privileges granted by this conveyance are exclusive, and Grantor covenants not to convey any other easement or conflicting rights in the area covered by this grant. 8. Governing Law; Venue. In the event of any action under this Contract, venue for all causes of action shall be instituted and maintained in Dallas County, Texas. The parties agree that the laws of the State of Texas govern the validity, construction, enforcement and interpretation of this Agreement; and, with respect to any conflict oflaw provisions, the parties agree that such conflict of law provisions shall not affect the application of the law of Texas (without reference to its conflict of law provisions) to the governing, interpretation, validity and enforcement ofthis Agreement. 9. Entire A2Teement. This Agreement contains the entire agreement between the parties relating to its subject matter. Any oral representations or modifications concerning this Agreement shall be ofno force and effect. Any subsequent amendment or modification must be in writing and agreed to by both parties. 10. Authority. The undersigned are the properly authorized officials or persons and have the necessary authority to execute this Agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolutions or other act extending such authority have been duly passed and are now in full force and effect. 11. Binding Effect. This Agreement shall bind and inure to the benefit of the respective parties, their personal representatives, successors, and assigns. Executed this .lCL day of .jl...LiIJ,..,! ,2003 GRANTOR: Sultan K. Chanaa Executed this __day of_______"2003 TOWN OF ADDISON By: Ron Whitehead, City Manager --STATE OF TEXAS § COUNTY OF DALLAS § BEFORE 􀁾􀀧the undersigned notary public in and for said county and state, on this lO day of \ l.l\ ( , 2003, personally appeared Sultan K. Chanaa, known to me to be the identical perSon who executed the within and foregoing document, and acknowledged to me that he executed the same as his free and voluntary act and deed, for the uses and purposes therein set forth. GIVEN UNDER my hand and seal ofoffice the day and year last above written. MY COMMISSION EXPIRES: 􀁾􀀠-....y 􀁾􀁴􀁾􀀠CHRISTY M. ALEXANDER•􀁾􀁜􀁜􀁬􀀠NOTARY PUBLIC 􀁾􀀠􀁾􀁜􀀡􀀵􀁤􀀮􀀮􀁾􀁾􀀠STATE OF TEXAS 􀁘􀀾􀁩􀀢􀀬􀀬􀁾􀀠My Comm. EXp. 05·05·07 STATE OF TEXAS § COUNTY OF DALLAS § BEFORE ME, the undersigned notary public in and for said county and state, on this -=-___-=dayof ,2003, personally appeared Ron Whitehead, City Manager for the Town of Addison, and acknowledged to me that he executed the same in his authorized capacity, and that by his signatore on the instrument, the person or entity upon behalf of which he acted executed the instrument for the uses and purposes therein set forth. GIVEN UNDER my hand and seal ofoffice the day and year last above written. Notary Public in and for the State ofTexas MY COMMISSION EXPIRES: [SEAL] 5/13/02EXHIBIT A TOWN OF ADDISON, TEXAS FIELD NOTE DESCRIPTION FOR ADDISON ROAD PARKWAY EASEMENT SULTAN K. CHANAA BEING a parcel of land out of a 0.69 acre tract of land located in the Edward Cook Survey, Abstract No. 326, in the Town of Addison, Dallas County, Texas, conveyed to Sultan K. Chanaa, by a deed now of record in Volume 2000215, Page 01991, ofthe Deed Records of Dallas County, Texas, and being Block 1. Lot 2 of the Sambuca IIIFilling Station Addition, an addition to the Town of Addison, Texas, said parcel of land being more particularly described as follows: BEGINNING at a point for a corner, said point being N 89°49'29" W, 2.00 feet from the southeast corner of said 0.69 acre tract and N 89°49'29" W, 12.00 feet from the northeast corner of a 0.774 acre tract of land conveyed to James E. Sauls, by a deed now of record in Volume 77153, Page 01028, of the Deed Records of Dallas County, Texas, and said northeast corner of 0.744 acre tract being in the west right-of-way line of Addison Road, (generally a 60 foot right-of-way and generally 30 foot to the center line). said Beginning Point being N 00° 49'02" W, 149.31 feet from a found 112 iron rod in the south line of said 0.774 acre tract and also being the northeast corner of a 1.0289 acre tract ofland conveyed to Gartner-Plano Company, by a deed now ofrecord in Volume 91248, Page 03622, of the Deed Records ofDallas County, Texas; THENCE N 89° 49'29" W, along the south line of said 0.69 acre tract, and along the north line of said 0.774 acre tract for a distance of8.00 feet to a point for corner; THENCE N 00°13'00" E for a distance of 127.35 feet to a point for corner, said point being in the north line of said 0.69 acre tract and in the south line ofa 1048 acre tract of land conveyed to Sarnhuca Partners Limited Partnership II, L.P. by a deed now of record in Volume 94100, Page 05581 of the Deed Records of Dallas County, Texas; THENCE S 89"29 '00" E along the north line ofsaid 0.69 acre tract and the south line of said 1.48 acre tract, a distance of 8.00 feet to a point for corner, said point being N 89° 31 '14" E, 318.89 feet and S 00°13'00" W, 212.21 feet from a found 5/8 iron rod being the southwest corner of a 1.316 acre tract of land conveyed to Dyson Enterprises, LP by a deed now ofrecord in Volume 2000034, Page 2494 ofthe Deed Records ofDallas County, Texas and the northwest corner of said 1.48 acre tract; THENCE S 00°13'00" W, and being 42 feet, more or less, from the centerline of Addison Road, a distance of 127.30 feet to the Point ofBegirming and containing 1,018.59 square feet (0.023 acres) ofland. • ---------------EXHIBITB ____ -􀀭􀁾􀀠\<." 􀁾􀁜􀀮􀁜􀀼􀀮􀁏􀀢􀀧􀁜􀀩3/4" I.R.F 􀁾􀀠. ;\T\'Il£.S1'2 ----5.,,\lIS SO\l S1. \'V 􀁾􀀠􀁾􀀠:5 06 I !il >-I U) 􀁾􀁎􀀠>-0..'":5 􀀺􀀺􀀺􀀻􀀻􀁾Q. 0 1""1 Uc..:) .,. 00.. 􀁾􀀠􀀺􀁓􀁾􀀠z 0..""a l_ ID a:: a> I '" l.U • '" Z...J I« 1-0 (I} 􀁾􀀾􀀠t; "" w 􀁾􀀠, SAULS JAMES E 5/8': I.R.F. . W/'DC$A -EDWARD COOK SURVE ABST, NO. 326r. ....--, '--5/8" I.R.F. SAMBUCA II/FILLING STATION ADDITION 􀁾􀀠I : SULTAN K, CHANM I VOl. 94117, PC. 06134 VOL. 2000215, PG. 01991 BLOCK 1, LOT 2 SAMBUCA PARTNERS LIMITED PARTNERSHIP lI, LP.Ie, VOL. 94100, PG. 055815/8" I.R.F. I' LOT LINE 1 I 1 I VOL. 77153, PG. 1028 1,018.59 SQ. FT. 1 􀁾􀀠PROPOSED 8' 0.023 ACRES .1PARKWAY EASEMENT 1 S 89'29'00' E N 89'49'29" W I 1 158.00' 􀁗􀀯􀀧􀁄􀁃􀀤􀁁􀁾􀀠"-II': 􀀺􀁾2' STREET DECATION I --1 TO TOWN OF ADDISON 1/OLD 1/2" IRF 8.00'"] N 00'49'02" W -149.31' I.......-;;;:--TREfERENCE 􀁾􀁅􀁁􀁒􀁩􀁎􀁇􀁩􀀠---N 69'49'29" W 2.00' ADDISON 00'13'00" E -127.35'1 I , , S 00 13 􀁾f ","5 00'13'00"W 􀀭􀁾􀀲􀀷􀀮􀀳􀀰􀀧􀀠gl 􀁾􀀠W POINT OF􀁾􀀠􀀠BEGINNING ..J Ql " "Io "n :g"'" BLOCK I, LOT 1 " _ W -212.21' (REFER--1.1---􀁾􀀠R( II EXHmlTC 215, I'RIwtd bytln: &t:Ite Iv ofTuu rar m: by 􀁾only. &V... 100II!,4-9) 􀁾􀀱􀁉􀁴􀀢􀀢􀁉􀀮􀀭...,t_ WARRANTY DEED WITH VENDOR'S LIEN 1187535 IU.oo Grwot: '!HE flWNO STA'IlON OP ADDlSON. INC,•• Tcw co""""",,, 􀀵􀀴􀀴􀁾􀀠La Sian. nxl DaIIu. T_ 􀀷􀁾􀀲􀀳􀀱􀀠_eo...,') Grauu:c: 1_s.u.,o.... _ DaIIu. T.... 􀀷􀁾􀀲􀀳􀀰􀀠(DaIlaaCoIl\lly) CooIiIk...... 'Ibc ..... ofTEN AND 001100 DOt.Lo\RS (Slo.oO)lIIIII_ pnd IDd __III< _Ipl aa4 _...,.or_1I11mby _ItdiIII....._ aDd ddl_ or.....1IIlo _1IIId__,puI&bw _lIfO_ill""ill !he priocipal rumo(lHRge. Ht,JNQRmrwmrry_RYE nmUiANQ ANDOOllM pm LABS ... Ill' pc:n.on wbtlnu.oevtt IaMWly dalr:nI.tIg CIt 10 claim tht tame or any p.u1 tbm:of, UI:q)l :as 10 1bc: J'C:ICl'\'a:iont rtom IDd CactptiOAlIO c:ODvt)'1Ul/XI aod watflll,l)'. lb, _"s n.o opImJ am! 􀁾IIIle ., Ibo p_ ... _IIIJIII each __bed iii lIdly poi IN 1111! 1,AW omesOF: lImaW._ 13101 _IlL. 5... 4IlOp_.re... 15l4G '2ml21501992 EXHIBITC • 􀀮􀁵􀀱􀁩􀁮􀁑􀁾􀀠􀁾􀀧􀀮􀀧􀁬􀁬􀁖􀁏􀀠lU'31:) ,; 􀁐􀀡􀁾􀁛􀀧􀀺􀀩I!:JF'" ... '. OO:I.ld E-AOlIIlUDl 03"H.:J llID21501993 • Steve Chutchian From: Washington, Angela [awashington@cowlesthompson.comj Sent: Friday, May 23, 2003 5:53 PM To: Mike Murphy; Steve Chutchian Cc: Douglas H. Conner (E-mail): DIPPEL, KEN Subject: Parcel 2 (Sultan Chanaa), Addison Rd Extension Project 􀁍􀁩􀁫􀁾􀀠and Steve I have prepared a draft petition for the above-referenced property. I spoke to Mr. Chanaa's attorney, Leon Scroggins, to let him know that the town had not received the executed agreement and had requested that I go ahead and prepare the petition. I also asked if he had an address for Mr. Chanaa (the only address that I have is his sonts and I have not been able to locate one for him). Scroggins will be speaking with Mr. Chanaa on Tuesday about another matter and will talk to him about the agreement at that time. Mr. Scroggins says he does not have an address for Mr. Chanaa, but will get back with me on Tuesday on this matter. I will keep you apprised. Angela 1 214.612.2144 COWLES &THOMPSON A Professional Corporation ATTORNEYS AND COUNSELORS ANGELA K. WASHINGTON AWASHINGTON@COWLESTHOMPSON,COM April 24, 2003 Mr. Leon Scroggins Owens, Clary & Aiken 700 North Pearl Street, Suite 1600 Dallas, TX 75201 RE: 0.6919 Acre Tract located at 15201 Addison Road Dear Leon: Enclosed for Mr. Chanaa's execution is the finalized Easement Agreement. We request that the signed Agreement be returned no later than May 5, 2003, so that we may close the transaction and avoid any delay in the Town's construction schedule. Ifyou have any questions, please give me a call. Sincerely, 􀀮􀂷􀁾􀀯􀀨􀀮􀁲􀁭􀁾Angela K. Washington /AKW/yjr Enclosure c: Mr. Mike Murphy, w/Town ofAddison Mr. Steve Chutchian, w/Town ofAddison Mr. Ken Dippel, w/fum • 901 MAIN STREET SUITE 4000 DALLAS, TEXAS 75202-3793 DALLAS T Y L E R TEL 214.672.2000 FAX 214.1:.72·.2020 _ WWW.(;OWl.ESTHOMPSON.COM EASEMENT AGREEMENT This Agreement is made and entered into by and between Sultana K. Chanaa ("Grantor"), and the Town ofAddison, Texas (the "Town"). WIT N E SSE T H: WHEREAS, Grantor is the sole owner of certain real property located in the Town of Addison and described in Exhibit A attached hereto and incorporated herein (the "Easement Property"); and WHEREAS, the Town of Addison intends to construct an extension of Addison Road through the Town (the "Addison Road Extension Project"), part of which will be located upon and over the Easement Property; and WHEREAS, the Town desires to acquire an exclusive and perpetual easement in, over, across, upon, under and through the Easement Property for street right-of-way and other public purposes in cOlU1ection with the construction of the Addison Road Extension, and Grantor desires to sell and convey such easement to the Town; NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, Sultan K. Chanaa and the Town ofAddison agree as follows: 1. Grant of Easement. For and in consideration of the sum set forth in 2. below in hand paid by the Town, the receipt and sufficiency of which is hereby acknowledged and confessed, Grantor has GRANTED, SOLD AND CONVEYED, and by theses presents does GRANT, SELL AND CONVEY unto the Town ofAddison, Texas, its successors and assigns, a perpetual and exclusive easement and right-of-way (the "Easement") in, over, across, upon, under and through the property described in Exhibit A and depicted on Exhibit B (the "Easement Property") (the said Exhibits being attached hereto and incorporated herein). 2. Consideration. This easement is granted, sold and conveyed in consideration of the Town's payment to Grantor of the sum ofThirty Thousand and No/I 00 dollars ($30,000.00), the receipt and sufficiency of which is acknowledged as full compensation for the Easement, any damage to or diminution in value of the Remainder or any other lands or property belonging to Grantor that may be claimed or asserted by virtue ofsuch grant, sale and conveyance and use of the Easement and the Easement Property by the Town, and to avoid the cost and expense of litigation. For purposes of this Agreement, the term "Remainder" shall mean that property described in the Warranty Deed attached as Exhibit C, save and except the Easement Property. 3. Purpose of Easement Other Provisions. A. The Easement, together with all of its rights and privileges, may be used by the Town, its employees, contractors, agents, successors, and assigns in cOlU1ection with activities relating to the construction, placement, installation, reconstruction, relocation, alteration, operation, use, inspection, maintenance, improvement, and modification of landscaping, irrigation, lighting, utility, sidewalk, or other parkway improvements, or for such other public purposes as the Town from time to time deems necessary, appropriate, or desirable in the Town's • sole discretion, with respect to the Project. The Town may perform all excavation, boring, backfilling, embedding, drilling, grading, and other construction activities as the Town from time to time deems necessary, appropriate, or desirable in the Town's sole discretion, with respect to the Project and the improvements within the Easement. The Town shall, at all times, have the right of ingress and egress to and from the Easement and the Easement Property as the Town may deem necessary, appropriate, or desirable. B. Grantor acknowledges and agrees as follows: (i) The Town may authorize and permit third parties to use the Project on such tenus as the Town in its sole discretion deems appropriate, but no third parities, including the general public, shall acquire any rights in the Easement or the Easement Property as a result ofsuch use. (ii) Grantor shall not construct or place within the Easement Property any building, fence, wall, plant, or other structure, improvement, or growth of any character or type which would interfere, in the Town's sole determination, with the Easement, with the Project or with any improvements within the Easement. The Town shall have the right to remove, and keep removed, all or part of any such building, fence, plant, or other structure, improvement or growth of any character or type that is located within the Easement Property and which, in the judgment of the Town, may endanger or in any way interfere with the construction, efficiency, or convenient and safe operation ofthe Project or the exercise of the Town's rights hereunder. C. Grantor, its successors and assigns, may fully use and enjoy the Easement Property, except that such use and enjoyment shall not hinder, conflict or interfere with the exercise of the Town's rights hereunder or with the safe and efficient operation of the Project. 4. Existinf,l' Fountains. Existing fountains located in the Easement Area shall remain, and shall be protected during construction. 5. Existinf,l' Trees. Existing mature trees removed from the Easement Area due to construction or work performed under this Agreement shall be replaced with three new Red Oak trees and other landscaping and proposed facilities, all of which will be located within the Easement Area as determined by the Town. 6. Warranty of Title. TO HAVE AND TO HOLD the Easement, together with all and singnlar the rights, privileges, and appurtenances thereto in anywise belonging, unto the Town of Addison, Texas, its successors and assigns; and Grantor does hereby bind itself, its representatives, successors, and assigns to WARRANT AND FOREVER DEFEND all and singular the Easement and rights conveyed in this instrument unto the Town of Addison, Texas, its representatives, successors, and assigns, against every person whomsoever lawfully claiming or to claim all or any part ofthe interest in the Property. 7. Exclusiveness of Easement. The easement, rights, and privileges granted by this conveyance are exclusive, and Grantor covenants not to convey any other easement or conflicting rights in the area covered by this grant. 8. Governinf,l' Law; Venue. In the event of any action under this Contract, venue for all causes of action shall be instituted and maintained in Dallas County, Texas. The parties agree that the laws of the State of Texas govern the validity, construction, enforcement and Documml N: 1029512 '. interpretation of this Agreement; and, with respect to any conflict of law provisions, the parties agree that such conflict of law provisions shall not affect the application of the law of Texas (without reference to its conflict of law provisions) to the governing, interpretation, validity and enforcement of this Agreement. 9. Entire AKreement. This Agreement contains the entire agreement between the parties relating to its subject matter. Any oral representations or modifications concerning this Agreement shall be of no force and effect. Any subsequent amendment or modification must be in writing and agreed to by both parties. 10. Authority. The undersigned are the properly authorized officials or persons and have the necessary authority to execute this Agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolutions or other act extending such authority have been duly passed and are now in full force and effect. 11. Binding Effect. This Agreement shall bind and inure to the benefit of the respective parties, their personal representatives, successors, and assigns. Executed this __day of______"2003 GRANTOR: Sultan K. Ch:maa Executed this __day of______--', 2003 TOWN OF ADDISON • By: Ron Whitehead, City Manager STATE OF TEXAS § COUNTY OF DALLAS § BEFORE ME, the undersigned notary public in and for said county and state, on this __-: day of , 2003, personally appeared Sultan K. Chanaa, known to me to be the identical person who executed the within and foregoing document, and acknowledged to me that he executed the same as bis free and voluntary act and deed, for the uses and purposes therein set forth. GIVEN UNDER my hand and seal ofoffice the day and year last above written. Notary Public in and for the State ofTexas MY COMMISSION EXPIRES: [SEAL] STATE OF TEXAS § COUNTY OF DALLAS § BEFORE ME, the undersigned notary public in and for said county and state, on tbis -.:--:--::. day of , 2003, personally appeared Ron Whitehead, City Manager for the Town of Addison, and acknowledged to me that he executed the same in bis authorized capacity, and that by bis signature on the instrument, the person or entity upon behalf of wbich he acted executed the instrument for the uses and purposes therein set forth. GIVEN UNDER my hand and seal ofoffice the day and year last above written. • Notary Public in and for the State ofTexas MY COMMISSION EXPIRES: [SEAL] EASEMENT AGREEMENT This Agreement is made and entered into by and between Sultana K. Chanaa ("Grantor"), and the Town ofAddison, Texas (the "Town"). WITNESSETH: WHEREAS, Grantor is the sole owner of certain real property located in the Town of Addison and described in Exhibit A attached hereto and incorporated herein (the "Easement Property"); and WHEREAS, the Town of Addison intends to construct an extension of Addison Road through the Town (the "Addison Road Extension Project"), part of which will be located upon and over the Easement Property; and WHEREAS, the Town desires to acquire an exclusive and perpetual easement in, over, across, upon, under and through the Easement Property for street right-of-way and other public purposes in counection with the construction of the Addison Road Extension, and Grantor desires to sell and cbnvey such easement to the Town; NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, Sultan K. Chanaa and the Town ofAddison agree as follows: 1. Grant of Easement. For and in consideration of the sum set forth in 2. below in hand paid by the Town, the receipt and sufficiency of which is hereby acknowledged and confessed, Grantor has GRANTED, SOLD AND CONVEYED, and by theses presents does GRANT, SELL AND CONVEY unto the Town of Addison, Texas, its successors and assigns, a perpetual and exclusive easement and right-of-way (the "Easement") in, over, across, upon, under and through the property described in Exhibit A and depicted on Exhibit B (the "Easement Property") (the said Exhibits being attached hereto and incorporated herein). 2. Consideration. This easement is granted, sold and conveyed in consideration of the Town's payment to Grantor of the sum of Thirty Thousand and No/lOO dollars ($30,000.00), the receipt and sufficiency of which is acknowledged as full compensation for the Easement, any damage to or diminution in value of the Remainder or any other lands or property belonging to Grantor that may be claimed or asserted by virtue of such grant, sale and conveyance and use of the Easement and the Easement Property by the Town, and to avoid the cost and expense of litigation. For purposes of this Agreement, the term "Remainder" shall mean that property described in attached Exhjbit C, save and except the Easement Property. 3. Purpose ofEasement; Other Provisions. A. The Easement, together with all of its rights and privileges, may be used by the Town, its employees, contractors, agents, successors, and assigns in connection with activities relating to the construction, placement, installation, reconstruction, relocation, alteration, operation, use, inspection, maintenance, improvement, and modification of landscaping, irrigation, lighting, utility, sidewalk, or other parkway improvements, or for such other public purposes as the Town from time to time deems necessary, appropriate, or desirable in the Town's • sole discretion, with respect to the Project. The Town may perform all excavation, boring, backfilling, embedding, drilling, grading, and other construction activities as the Town from time to time deems necessary, appropriate, or desirable in the Town's sole discretion, with respect to the Project and the improvements within the Easement. The Town shall, at all times, have the right of ingress and egress to and from the Easement and the Easement Property as the Town may deem necessary, appropriate, or desirable. B. Grantor acknowledges and agrees as follows: (i) The Town may authorize and permit third parties to use the Project on such terms as the Town in its sole discretion deems appropriate, but no third parities, including the general public, shall acquire any rights in the Easement or the Easement Property as a result ofsuch use. (ii) Grantor shalJ not construct or place within the Easement Property any building, fence, wall, plant, or other structure, improvement, or growth of any character or type which would interfere, in the Town's sole determination, with the Easement, with the Project or with any improvements within the Easement. The Town shall have the right to remove, and keep removed, all or part ofany such building, fence, plant, or other structure, improvement or growth of any character or type that is located within the Easement Property and which, in the judgment of the Town, may endanger or in any way interfere with the construction, efficiency, or convenient and safe operation ofthe Project or the exercise of the Town's rights hereunder. C. Grantor, its successors and assigns, may fully use and enjoy the Easement Property, except that such use and enjoyment shall not hinder, conflict or interfere with the exercise ofthe Town's rights hereunder or with the safe and efficient operation of the Project. 4. Existing Fountains. Existiog fountains located in the Easement Area shall remain, and shall be protected during construction. 5. Existing Trees. Existing mature trees removed from the Easement Area due to construction or work performed under this Agreement shall be replaced with three new Red Oak trees and other landscaping and proposed facilities, all of which wiJl be located within the Easement Area as determined by the Town. 6. Warranty of Title. TO HA VB AND TO HOLD the Easement, together with all and singular the rights, privileges, and appurtenances thereto in anywise belonging, unto the Town of Addison, Texas, its successors and assigus; and Grantor does hereby bind itself, its representatives, successors, and assigns to WARRANT AND FOREVER DEFEND all and singular the Easement and rights conveyed in this instrument unto the Town of Addison, Texas, its representatives, successors, and assigns, against every person whomsoever lawfully claiming or to claim all or any part of the interest in the Property. 7. Exclusiveness of Easement. The easement, rights, and privileges granted by this conveyance are exclusive, and Grantor covenants not to convey any other easement or conflicting rights in the area covered by this grant. 8. Governing Law; Venue. In the event of any action under this Contract, venue for all causes of action shaH be instituted and maintained in Dallas County, Texas. The parties agree that the laws of the State of Texas govern the validity, construction, enforcement and • inteIpretation ofthis Agreement; and, with respect to any conflict of law provisions, the parties agree that such conflict of law provisions shall not affect the application of the law of Texas (without reference to its conflict of law provisions) to the governing, inteIpretation, validity and enforcement ofthis Agreement. 9. Entire Allreement. This Agreement contains the entire agreement between the parties relating to its subject matter. Any oral representations or modifications concerning this Agreement shall be ofno force and effect. Any subsequent amendment or modification must be in writing and agreed to by both parties. 10. Authority. The undersigned are the properly authorized officials or persons and have the necessary authority to execute this Agreement on behalf ofthe parties hereto, and each party hereby certifies to the other that any necessary resolutions or other act extending such authority have been duly passed and are now in full force and effect. 11. Binding Effect. This Agreement shall bind and inure to the benefit of the respective parties, their personal representatives, successors, and assigns. Executed this __day of_______" 2003 GRANTOR: Sultan K. Chanaa Executed this __day of_______, 2003 TOWN OF ADDISON • By: Ron Whitehead, City Manager STATE OFTEXAS§ COUNTY OF DALLAS § BEFORE ME. the undersigned notary public in and for said county and state. on this __--: day of , 2003. personally appeared Sultan K. Chanaa, known to me to be the identical person who executed the within and foregoing document, and acknowledged to me that he executed the same as his free and voluntary act and deed, for the uses and purposes therein set forth. GIVEN UNDER my hand and seal ofoffice the day and year last above written. Notary Public in and for the State ofTexas MY COMMISSION EXPIRES: [SEAL] STATE OF TEXAS § COUNTY OF DALLAS § BEFORE ME, the undersigned notary public in and for said county and state, on this 􀁾􀀭􀀺􀀭􀁟day of , 2003. personally appeared Ron Whitehead, City Manager for the Town of Addison, and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person or entity upon behalf of which he acted executed the instrument for the uses and purposes therein set forth. GIVEN UNDER my hand and seal ofoffice the day and year last above written. • Notary Public in and for the State ofTexas MY COMMISSION EXPIRES: [SEAL] 5113102EXHIBIT A TOWN OF ADDISON, TEXAS FIELD NOTE DESCRJl>TION FOR ADDISON ROAD PARKWAY EASEMENT SULTAN K. CHANAA BEING a parcel of land out of a 0.69 acre tract ofland located in the Edward Cook Survey, Abstract No. 326, in the Town of Addison, Dallas County, Texas, conveyed to Sultan K. Chanaa, by a deed now of record in Volume 2000215, Page 01991, of the Deed Records ofDallas County, Texas, and being Block 1, Lot 2 of the Sambuca lIIFilling Station Addition, an addition to the Town of Addison, Texas, said parcel of land being more particularly described as follows: BEGINNING at a point for a comer, said point being N 89°49'29" W, 2.00 feet from the southeast comer of said 0.69 acre tract and N 89°49'29" W, 12.00 feet from the northeast comer of a 0.774 acre tract of land conveyed to James E. Sauls, by a deed now ofrecord in Volume 77153, Page 01028, of the Deed Records of Dallas County, Texas, and said northeast comer of 0.744 acre tract being in the west right-of-way line of Addison Road, (generally a 60 foot right-of-way and generally 30 foot to the center line), said Beginning Point being N 00° 49'02" W, 149.31 feet from a found 112 iron rod in the south line of said 0.774 acre tract and also being the northeast corner of a 1.0289 acre tract of land conveyed to Gartner-Plano Company, by a deed now ofrecord in Volume 91248, Page 03622, of the Deed Records ofDallas County, Texas; TIIENCE N 89' 49'29" W, along the south line of said 0.69 acre tract, and along the north line of said 0.774 acre tract for a distance of 8.00 feet to a point for comer; TIIENCE N 00°13'00" E for a distance of 127.35 feet to a point for corner, said point being in the north line of said 0.69 acre tract and in the south line ofa 1.48 acre tract ofland conveyed to Sambuca Partners Limited Partnership II, L.P. by a deed now ofrecord in Volume 94100, Page 05581 of the Deed Records of Dallas County, Texas; THENCE S 89"29'00" E along the north line ofsaid 0.69 acre tract and the south line of said 1.48 acre tract, a distance of 8.00 feet to a point for comer, said point being N 89° 31 '14" E, 318.89 feet and S 00'13'00" W, 212.21 feet from a found 5/8 iron rod being the southwest corner of a 1.316 acre tract of land conveyed to Dyson Enterprises, LP by a deed now ofrecord in Volume 2000034, Page 2494 of the Deed Records ofDallas County, Texas and the northwest corner of said 1.48 acre tract; THENCE S 00°13 '00" W, and being 42 feet, more or less, from the centerline of Addison Road, a distance of 127.30 feet to the Point ofBeginning and containing 1,018.59 square feet (0.023 acres) ofland. • --------1/2" IRF 8.00' N 00'49'02" W 149.31' 􀁾􀀠=--lRmRENcE .!'!EARlNGj --':'....5 00'13'00·W 􀁾􀀠;Ii '" '3 "• Cl '" 3 « ".... '" ;,; '" Z 0 􀁾􀀠« til to w, g "/" :i:' <0 '" -!" 􀁾􀀠 ..J 01 c-J 􀁾􀀠'" 'on '" EXHIBITB ____ -c.----< 3/4" 􀁾􀀬􀁜􀀮􀁒􀁏􀁉􀀧􀁐􀀠----____ I.R.F. 􀁓􀁜􀁴􀀮􀁒􀁾􀀠""" S 􀁓􀁏􀁉􀀩􀁜􀁜􀀧􀁜􀀧􀁬􀀱􀁾􀀠________ --5/8" S\. \..(1)' r 5/8".I.R.F. w/'DCSA EDWARD COOK SURVEY ABST. NO. 326 "'---'-5/8" I.R.F. SAMBUCA II/FILLING STATION ADDITION 􀁾􀀠--I : SULTAN K. CHANM I VOL. 94117, PG. 06134 '" VOL. 2000215, PG. 01991 BLOCK 1, LOT 2 SAMBUCA PARTNERS LIMITED PARTNERSHIP II, L.P.q:\ VOL. 94100, PG. 055815/8" I.R.F.I >-I 􀁗􀀯􀀧􀁄􀁃􀀤􀁁􀁾􀀠I Lit BLOCK I, LOT 1 ,. T..... -llIlo&""" _ Pla1l11euot......w.. VoluIIIe94I17.'1&< 61)4 olllle "'op lIa:ordJ ofDaIID CoImIy. Tew. ....... riaInH>I.....y.1IIIII prnutpolY< rt,IIu. _.1_0:DOl; aU..-q __-..oWr!ban _ "'__􀀮􀁉􀁉􀀾􀁩􀁉􀁟􀁉􀁬􀁬􀁥􀁾􀀬lIIId, _'or""'_,..,.....p;IlI.........1IIcII 0 ...... _. • ZIllJ21S 01991 EXHIBITC _.for 111....._104",*"", .... _ .. 􀁟􀁄􀁉􀁉􀁾OO_",,""'lIIdw_._. toll&. ............. _IIIAllY""" _111<....-. lOS""" _III..., tI!!iuIIr lilt ri&bIJ lII!d 􀁾􀀠bel••'" 110...... hold II .. 0 ....... _',1IcIn, .......... _,_.or aulgm fin.... GJaDIOf hII:ds Dnullor and Of1ll!Dt', bakI. 􀁣􀁵􀁡􀁮􀁯􀁡􀀬􀁾􀀮mllUCCCUCIll10 'WUJUl1Dd fomrcr det.aN2 aU ud.10...., lilt _ 10 _ .... 0_',110.... _,_,_,............... ....,. ........ __wr bwflllly cIaIaIIIIiI Of to _lilt ......f AllY pm !IImor, _ as .. Ill< _ ""'" IIId eu.cptioaa to c:oc:twyllJOC: aod Wanu:!1. n.. _'s u.o .,...,. lII!d -""' 􀁾􀁯􀁲􀀮􀀠...... _ ... _ UOIII ___.. fully paid""""'"" 10"'''''''' II _limo/bit ""'" tIIaII __, _Il10 1IIIIpLv ..... 0IIII __lIIopillfll.􀁟􀁾􀀠STATE OF TEXASCOUNTY OF _____.,_ ........... __lc4p bor... me 00Il10 _ ••••_ do)' of _ ••••_ • _ ••••_ • by ..U,,', ..... IlId CMlpct'I ....., NoIary 1'IIbIIc. _ofT....N....,... 􀁟􀁾􀀧􀀠NoIary""'''''''''''OI"",""" STATE OF TElIA$ COUNtY OP QAt! AS TbIa """"-'__1c\\.\<-ot>£l --=1____ -3/4 I.R.F. CIlt..Sit..?: ____-____ s SOU\'(. _______ --5/8" I.R.F. --􀁾􀀠--....... >ZN 00.. Z :5 00 a.. v I:::' "" 0>'2! . I 0---'1 􀁾􀁾􀀠􀁜􀀮􀁏􀁕􀁾􀀠Si. 5/8" I.R.F. I,..... /'􀁲􀁗􀀯􀀧􀁾􀁾􀀠-􀁅􀁏􀁗􀁾􀁾􀁾� �􀁾􀁾􀁾􀁾􀀠􀁾􀁾􀀺􀁖􀁅􀁙􀀠I 􀁾􀀭􀁓􀁃􀁾􀁌􀀻􀀧􀁾􀀽􀀶􀀰􀀧􀀠/----I i SAULS JAMES E VOL. 77153, PG. 1028 PROPOSED 8' PARKWAY EASEMENT . '--5/8" I.R.F. SAMBUCA II/FILLING Z 􀁾ADDISON CAR CARE iDDITi: --H ------11 --􀀻􀁲􀁩􀁴􀁾􀁾􀁾􀀠􀁉􀁉􀁾􀀠VOL. 8711 1 \1' PGI. °f86 􀁾􀀠I I : SULTAN K. CHANM I VOL. 94117, PG. 06134" 􀁾􀀠VOL. 2000215, PG. 01991 I I BLOCK 1, LOT 2 ;;: I I I I SAMBUCA PARTNERS LIMITED _ PARTNERSHIP L.P. fE, I I I 5/8" I.R.F. \ VOL 94100, PG. 05581 􀁾􀀠I I 􀁗􀀯􀀬􀁄􀁃􀀤􀁁􀁾􀀠􀁉􀁾􀁌􀁉􀁴􀀠BLOCK 1, LOT 1 􀁉􀁾􀀠DYSON ENTERPRISES, LP I I ""-. I (') VOL. 2000034, PG. 2494 I 2' STREET OECAnON 1 I'" BLOCK 1, LOT 1 I Ir TO TOWN OF ADDISON I /OLD LOT LINE 􀁾􀀠I 􀁾􀀠: ! I I 1.018.59 SO. FT. I I I I 0.023 ACRES I . I I: I I 15211 ADDISON ROAD JOINT VENTURE VOL. 96156, PG. 4963 LOT 2, BLOCK 11 ·1 I I I r-:-:9'29'QO-E I I N 89'49'29" W I I 158.00' I 1/2" IRF 8.00' 1 00'13'00" E -127.35'1 I 1/2" IRF \ I I N 00'49'02" W 149.31' 􀀧􀀭􀀭􀁴􀀭􀁾􀀺􀀮􀀽􀀮􀀮􀀺􀀮􀀮􀀺􀀺􀀮􀀻􀀺􀀺􀀺􀀺􀀺􀀮􀀮􀀮􀀮􀀽􀀽􀀴􀀭􀁴􀀺􀀧􀀽􀁾􀀭􀀭􀁩􀀾􀀠S 00'13'00' W -212.21' 􀀨􀁒􀁅􀁆􀁅􀁾􀁎􀁃􀁅􀀠BEARING) I I I I I 􀀭􀀭􀁒􀁅􀁦􀁅􀁒􀁅􀁎􀁾􀀠SEAiiiNGj-S 00'13'Oo'-W -.t;27.30''----____ -I ___--'J.J_-'--_'-'::-__ ADDISON 􀁾􀀠ROAD 12' STREET DECATION POINT OF BEGINNING _____-_____ _ ___----'TO TOWN OF ADDISON ------l"'--"X"IN 􀁃􀁏􀁎􀁃􀁾􀀠1/2" IRF '\. TOWN OF ADDISON TEXAS I--A=O:::=OI"='SO':':-N':--:::':RO::--CA-=-O"'::::P'-:=AR='K=W::7AY:'-=:EAS-=E=M=E=-=NT:-i SULTAN K. CHANM BIRKHOFF. HENDRICKS & CONWAY. LLP. MAY 2002 CONSUL.TING ENCINEERS 􀀱􀁾􀀲􀀺􀀠e.••"..o:. A..... $t... 􀁾􀁾􀁡􀀠􀀨􀀲􀁾􀁾􀀩􀁑􀁾􀁾􀁾􀁾􀁾􀀠PLAT 3W Steve Chutchian To: Carmen Moran Subject: Old Filling Station Site Carmen -our staff met with Ken Dipple and Angela Washington on Friday regarding several easement parcels along Addison Rd. At that meeting, Angela indicated that the new owner of the Old Filling Station site (Sultan K. Chanaa) needed some assurances regarding the construction of the project. Specifically, Angela has requested a letter stating that our Addison Rd. project will not affect the property's current zoning, land use and parking requirements. We are attempting to get the owner to sign off on an access easement along the frontage of the property. Could you provide a letter of this nature for Angela's use in negotiating with the owner. Our engineering design does not show any adverse affect on the existing drive access or par1ROPERTY, then the City Attorney is authorized and directed to join said parties as defendants in said condemnation suit. SECTION 10. That this resolution shall take effect immedistely from and after its passage, as in the Charter in such cases is made and provided. PASSED AND APPROVED this ___day of______--', 2002. Mayor Town ofAddison, Texas 􀁒􀁅􀁓􀁏􀁌􀁕􀁔􀁉􀁏􀁎􀁎􀁏􀀮 􀁒􀁾____-PAGE1 ATTEST: Carmen Moran, City Secretary APPROVED AS TO FORM: Ken C. Dippel, City Attorney nESOLUTION.NU.R'--____-PAGEl 􀁾􀁊􀀺􀀨􀀰􀀲􀀳􀀱􀁾􀀠 . . SUMMARY OF SALIENT FACTS A Parkway Easement Acquisition at 15201 Addison Road Sultan K. Chanaa • Owner ' Date of the Appraisal: Value Estimated: Property Rights Appraised: Property Appraised: Property Zoned: Highest & Best Use: t1As vacantI!: "As improved": Estimates of Fee Simple Value: Whole Properly Land Value (Sales Comparison): Cost Approach: Income Approach: Sales Comparison Approach: Whole Property: Part Taken: Parkway easement Remainder Before the Take: Remainder After the Take: Addison, Texas March 20, 2002 Market Value -Just Compensation Fee Simple & Easement A ±0.6916 Acre tract improved with a restaurant facility, located at 15201 Addison Rd., Addison, Texas. LR, local retail To be developed in conformity with adjacent land uses as demand warrants. To be maintained as a restaurant facility. $346,449 $635,000 $623,257 (generic est.) $653,200 $653,200 $ 23,460 . $629,740 $653,200 Final Value Estimate: JUST COMPENSATION $ 23,460 iii DATE SUBMITTED: October 14, 2002 FOR COUNCll... MEETING: October 22, 2002 Coundl Agenda Item: SUMMARY: This item is to request Council consideration of a resolution determining the necessity of acquiring real property owned by Sultan Chanaa and authorizing its condemnation and/or appropriation for public use in connection with the widening of Addison Road. FINANCIAL IMPACT: Budgeted Amount: N/A Appraised Value: $23,460.00 Source of Funds: $2,500,000 was funded from General Obligation Bonds. An additional $1,300,000 was programmed from DART LAP/CMS funds. BACKGROUND: The easement acquisition process is currently underway on the proposed Addison Road Widening, Phase I project. Approximately 0.073 acre ofParkway Easement adjacent to the right-of-way ofAddison Road (see attached parcel map) is required for the purpose of relocating utilities and constructing landscaping, irrigation and sidewalk improvements. This parcel is a portion of 15201 Addison Road, and is owned by Sultan Chanaa. This is the former site ofThe Filling Station Restaurant ofAddison. An appraisal ofthe property was performed by the fmn ofHipes & Associates in March 2002. The total compensation value ofthe parkway easement was determined to be $23,460.00 (see attached Summary of Salient Facts). Staff has made several unsuccessful attempts to contact the property owner and discuss the Addison Road widening project and associated requirement for a parkway easement across the site. As a result, the Town determined the need to initiate imminent domain proceedings against the property. RECOMMENDATION: It is recommended that Council approve a resolution determining the necessity of acquiring real property owned by Sultan Chanaa, and authorize its condenmation and/or appropriation for public use in connection with the widening ofAddison Road. TOWN OF ADDISON, TEXAS RESOLUTION NO. R'--___ A RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF ADDISON, TEXAS DETERMINING THE NECESSITY OF ACQUIRING THE HEREINAFTER DESCRIBED REAL PROPERTY OWNED BY SULTAN CHANAA AND AUTHORIZING ITS CONDEMNATION AND/OR APPROPRIATION FOR PUBLIC USE IN CONNECTION WITH THE REALIGNMENT AND EXTENSION OF ADDISON ROAD IN ADDISON, TEXAS. BE IT RESOLVED BY THE CITY COUNCIL OF THE TOWN OF ADDISON, TEXAS: SECTION I. That for the purposes ofthis Resolution, the following definitions ofterms shall apply: "PROPERTY": The area described in Exhibit "A" and depicted on Exhibit "B" attached hereto and made a part hereof for all purposes. "PROPERTY INTERESTS": Parkway easement in, over, and across the land described in Exhibit" A" and depicted on Exhibit "B". "PROJECT": Realignment and extension of Addison Road, Addison, Texas. "OFFER AMOUNT": Twenty-three Thousand Four Hundred Sixty and No/IOO Dollars ($23,460.00). "OWNERS": Sultan K. Chanaa "LIENHOLDERS": The Filling Station ofAddison, Inc. James W. DeMik, Trustee SECTION 2. That it is hereby determined that public convenience and necessity requires that the Town of Addison should acquire the PROPERTY INTERESTS in, over, and across the PROPERTY necessary for the PROJECT. SECTION 3. That the PROPERTY is hereby determined to be necessary for the PROJECT. That for the purpose ofacquiring the PROPERTY INTERESTS in, over, and across the PROPERTY, the City Manager, or such employee as he may designate, is hereby authorized and directed to offer the OFFER AMOUNT as payment for the PROPERTY to be acquired and full damages allowable by law, which amount represents its fair cash market value. 􀁒􀁅􀁓􀁏􀁌􀁕􀁔􀁉􀁏􀁎􀁎􀁏􀀮􀁒􀁾____-PAGEI 􀁄􀁯􀁣􀁵􀁭􀁾􀁦􀀻􀁉􀀺􀀠1023260 SECTION 4. That the Town of Addison determines to appropriate the PROPERTY INTERESTS in, over, and across the PROPERTY for the PROJECT under the laws ofthe State of Texas and the provisions ofthe Charter ofthe Town ofAddison. SECTION 5. That, in the event the OWNERS accept the OFFER AMOUNT as authorized herein, the City Finance Director be and is hereby authorized to draw a check in favor ofthe OWNERS named above, orthe current owners ofrecord, in the OFFER AMOUNT. SECTION 6. That the City is to have possession ofthe PROPERTY on closing; and the City will pay any title expenses and closing costs; and the City will pay court costs as may be assessed by the Special Commissioners or the court. SECTION 7. Should the employee designated to make the official offer report to the City Attorney that the OWNERS have refused to accept the OFFER AMOUNT as compensation for the hereinabove described taking from the OWNERS under the laws of eminent domain, which amount the City Council deems to be the fuir cash market value and all just compensation, in compliance with the laws of the State of Texas, this will be evidence that the Town of Addison cannot agree with the OWNERS as to the damages legally allowable by law. In such case, the City Attorney is authorized and directed to file the necessary suit and take the necessary action for the prompt acquisition ofthe PROPERTY in condemnation or in any manner provided by law. SECTION 8. That in the event the Special Commissioners in Condemnation appointed by the court return an award that is the same amount or less than the OFFER AMOUNT, the City Finance Director is hereby authorized to issue a check not to exceed the amount of the Commissioners' award made payable to the County Clerk of Dallas County to be deposited into the registry ofthe court to enable the City to take possession ofthe PROPERTY without further action ofthe City Council. SECTION 9. That in the event it is subsequently determined that additional persons other than those named herein have an interest in the PROPERTY, then the City Attorney is authorized and directed to join said parties as defendants in said condemnation suit. SECTION 10. That this resolution shall take effect immediately from and after its passage, as in the Charter in such cases is made and provided. PASSED AND APPROVED this ___day ______---> 2002. Town ofAddison, Texas 􀁒􀁅􀁓􀁏􀁌􀁕􀁔􀁉􀁏􀁎􀁎􀁯􀀮􀁡􀁾____-PAGEl ATTEST: Cannen Moran, City Secretary APPROVED AS TO FORM: Ken C. Dippel, City Attorney 􀁒􀁅􀁓􀁏􀁌􀁕􀁔􀁉􀁏􀁎􀁎􀁏􀀮􀁒􀁾____-PAGE3 Document /I: 1023266 --------_______________ /􀀭􀀭􀀭􀀭􀀭􀀭􀀻􀀷􀁳􀁾􀀬􀁒􀁦􀀺􀀯􀀱􀀠-I /EDWARD COOK SURVEY I ABST. NO. 326 􀁾􀀠SAMBUCA II/FIllING z, 􀁾􀀠------+1---􀁩􀁣􀁩􀁴􀁾􀁾􀀠II; : SULTAN K. CHANAA I VOL. 94117, PG. 06134., '-' 􀁾􀀠§ "I '" >'" "" if> Z"" 5 Cf:""::;""C-0<"1 <.> • G"" o a.." co z:'50:>"" z CL('!;0 􀀬􀁾􀀠U) 0::0>C 􀁾􀀠.1'" < 1--'1 􀁾􀁾􀀠SAULS JAMES E VOL 77153, PG. 1028 PROPOSED 8' PARKWAY EASEMENT VOL 2000215. PG. 01991 BLOCK 1, LOT 2 SAMBUCA PARTNERS LIMITED PARTNERSHIP II, LP. 5/8" LR.F. \ VOl. 94100, PG. 05581 􀁗􀁬􀁄􀁃􀀤􀁁􀁾􀀠Lit BLOCK 1, LOT 1 : t . 􀁩􀁾STREET DECATION(TO TOWN OF ADDISON:/" OLD! LOT LINE 1 I 1.018.59 SQ, FT. 1 􀁾􀀠0.023 ACRES 1 I ! 􀁾􀁣􀁯􀀠_ 􀁾􀀠.c 􀀯􀀽􀀭􀁾 􀁓􀁃􀁾􀁌􀁅􀀺􀀱􀀢􀀽􀀶􀀰􀀧􀀠-Ii ADDISON CAR CARE 􀁾􀁄􀁄􀁉􀁔􀁩􀁾􀀠-t- + VOL. PG871;\1' · °f86 􀁾􀀮􀀠I 1 tl 1 S 89'29'00" E"" 1/2" IRF 8.00'"1 N 00'49'02' W -149.31' --􀀨􀁒􀁅􀁦􀁅􀁒􀁅􀁎􀁾􀀠􀁾􀁅􀁁􀁁􀁩􀁎􀁇􀁩􀀠--S 00'13'00'--W N 89'49'29" W I 1 158.00' 00'13'00' E -127.35'1 I '" '" (3 "':::-+-.l,-f-=":'::"::::-:::f+:'::':':::::::";'--+ S 00'13'00' W W -212.21' (REFERENCE BEARING):i j12730' -I <0 0 -1-.,' ADDISON -b+---ROAD" 2002 (zl'i 􀁾􀀱􀁟􀁬􀁓􀁏􀁏􀀠'" DYSON ENTERPRISES, LP l SiI 􀁾􀀠VOL. 2000034, PG. 2494 I OJ BLOCK 1, LOT 1 I I § 􀁾􀀠I I \ I 1 I I I 1 l/t' IRF\ \ \ I __--"\1 J 1 1 I I I \ \ I I _..'-1---11.!:;;::1--:-􀁾􀁘􀀢􀁉􀁎􀀠12' STREET DECAnON CONC. "N \ I I I 15211 ADDISON ROAD JOINT VENTURE VOL 96156, PG. 4963 LOT 2, BLOCK 11 ·1 1 I I I I \ -II ___----'TO TOWN OF ADDISONc;; -' if> ('5 1/1" IRF", TOWN OF ADDISON, TEXAS I--A-O:"'::O::":"I􀁓􀁏􀀺􀀧􀀺􀀢􀁎􀁾􀁒􀁏􀀺􀀽􀀭􀀺􀁁􀁄􀀭􀀺􀀺􀀭􀀽􀀭􀀭􀀺􀀽􀀺􀁐􀀺􀀧􀀽􀁁􀁒􀁾􀁋􀀺􀀺􀀺􀀧􀀺􀀺􀁗􀀺􀀭􀀺􀀺􀀺􀀭􀁁􀁹􀀷􀀭􀀽􀀧􀀺􀁅􀁁􀀺􀀧􀀺􀀺􀀺􀁓􀀽􀁅􀁍􀀧􀀺􀀺􀀺􀀺􀁅􀀺􀀧􀀺􀀺􀀺􀁎􀁔􀀽􀀭􀀭􀁉-' a:1 􀀭􀀭􀀭􀀭􀀭􀀭􀁉􀁾􀀧􀁘􀀢􀁉􀁎􀀠􀁃􀁏􀁎􀁃􀁾􀀠SULTAN K, CHANAA '" ..., 61RKHOFF, HENDRICKS & CONWAY, LLP, MAYCONSULTiNG ENCtNE:ERS 1:.02 Ot_..w. 􀁊􀀬􀀬􀀬􀀬􀀬􀁾􀀠$Lo. 220 Doll,,,,,. TUM PLAT 3W"' '" 0 SUMMARY OF SALIENT FACTS A Parkway Easement Acquisition at 15201 Addison Road Sultan K. Chanaa -Owner Addison, Texas Date of the Appraisal: Value Estimated: Property Rights Appr:aised: Property Appraised: Property Zoned: Highest & Best Use: "As vacant": "As improved": Estimates of Fee Simple Value: Whole Property Land Value (Sales Comparison): Cost Approach: Income Approach: Sales Comparison Approach: Whole Property: Part Taken: Parkway easement Remainder Before the Take: Remainder After the Take: March 20, 2002 Market Value -Just Compensation Fee Simple & Easement A ±0.6916 Acre tract improved with a restaurant facility, located at 15201 Addison Rd., Addison, Texas. LR, local retail To be developed in conformity with adjacent land uses as demand warrants. To be maintained as a restaurant facility. $346,449 $635,000 $623,257 (generic est.) $653,200 $653,200 $ 23,460 . $629,740 $653,200 Final Value Estimate: JUST COMPENSATION $ 23,460 iii DATE SUBMITTED: October 14,2002 FOR COUNCIL MEETING: October 22, 2002 Council Agenda Item: SUMMARY: This item is to request Council consideration ofa resolution detennining the necessity of acquiring real property owned by Sultan Chanaa and authorizing its condemnation and/or appropriation for public use in connection with the widening of Addison Road. FINANCIAL IMPACT: Budgeted Amount: N/A Appraised Value: $23,460.00 Source ofFunds: $2,500,000 was fonded from General Obligation Bonds. An additional $1,300,000 was programmed from DART LAP/CMS funds. BACKGROUND: The easement acquisition process is currently underway on the proposed Addison Road Widening, Phase I project. Approximately 0.073 acre ofParkway Easement adjacent to the right-of-way of Addison Road (see attached parcel map) is required for the purpose of relocating utilities and constructing landscaping, irrigation and sidewalk improvements. This parcel is II portion of 15201 Addison Road, and is owned by Sultan Chanaa. This is the former site ofThe Filling Station Restaurant ofAddison. An appraisal ofthe property was performed by the fIrm ofHipes & Associates in March 2002. The total compensation value ofthe parkway easement was determined to be $23,460.00 (see attached Summary ofSalient Facts). Staff has made several unsuccessful attempts to contact the property owner and discuss the Addison Road widening project and associated requirement for II parkway easement across the site. As a result, the Town determined the need to initiate imminent domain proceedings against the property. RECOMMENDATION: It is recommended that Council approve a resolution determining the necessity of acquiring real property owned by Sultan Chanaa, and authorize its condemnation and/or appropriation for public use in connection with the widening of Addison Road. 1 TOWN OF ADDISON, TEXAS RESOLUTION NO. R02·094 A RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF ADDISON, TEXAS DETERMINING THE NECESSITY OF ACQUIRING THE HEREINAFTER DESCRIBED REAL PROPERTY OWNED BY SULTAN CHANAA AND AUTHORIZING ITS CONDEMNATION AND/OR APPROPRIATION FOR PUBLIC USE IN CONNECTION WITH THE REALIGNMENT AND EXTENSION OF ADDISON ROAD IN ADDISON, TEXAS. BE IT RESOLVED BY THE CITY COUNCIL OF THE TOWN OF ADDISON, TEXAS: SECTION 1. That for the purposes of this Resolution, the following definitions of tenns shall apply: "PROPERTY": The area described in Exhibit "A" and depicted on Exhibit "B" attached hereto and made a part hereof for all purposes. "PROPERTY INTERESTS": Parkway easement in, over, and across the land described in Exhibit "A" and depicted on Exhibit "B". "PROJECT": Realignment and extension of Addison Road, Addison, Texas. "OFFER AMOUNT": Twenty-three Thousand Four Hundred Sixty and Noll 00 Dollars ($23,460.00). "OWNERS": Sultan K. Chanaa "LIENHOLDERS": The Filling Station of Addison, Inc. James W. DeMik, Trustee SECTION 2. That it is hereby detennined that public convenience and necessity requires that the Town of Addison should acquire the PROPERTY INTERESTS in, over, and across the PROPERTY necessary for the PROJECT. SECTION 3. That the PROPERTY is hereby detennined to be necessary for the PROJECT. That for the purpose of acquiring the PROPERTY INTERESTS in, over, and across the PROPERTY. the City Manager, or such employee as he may designate, is hereby authorized and directed to offer the OFFER AMOUNT as payment for the OFFICE OF THE CITY SECRETARY R02-094 PROPERTY to be acquired and full damages allowable by law. which amount represents its fair cash market value. SECTION 4. That the Town of Addison determines to appropriate the PROPERTY INTERESTS in. over, and across the PROPERTY for the PROJECT under the laws of the State of Texas and the provisions of the Charter of the Town of Addison. SECTION 5. That, in the event the OWNERS accept the OFFER AMOUNT as authorized herein, the City Finance Director be and is hereby authorized to draw a check in favor of the OWNERS named above, or the current owners of record, in the OFFER AMOUNT. SECTION 6. That the City is to have possession of the PROPERTY on closing; and the City will pay any title expenses and closing costs; and the City will pay court costs as may be assessed by the Special Commissioners or the court. SECTION 7. Should the employee designated to make the official offer report to the City Attoroey that the OWNERS have refused to accept the OFFER AMOUNT as compensation for the hereinabove described taking from the OWNERS under the laws of eminent domain, which amount the City Council deems to be the fair cash market value and all just compensation, in compliance with the laws of the State of Texas, this will be evidence that the Town of Addison cannot agree with the OWNERS as to the damages legally allowable by law. In such case, the City Attorney is authorized and directed to file the necessary suit and take the necessary action for the prompt acquisition of the PROPERTY in condemnation or in any manner provided by law. SECTION 8. That in the event the Special Commissioners in Condenmation appointed by the court return an award that is the same amount or less than the OFFER AMOUNT, the City Finance Director is hereby authorized to issue a check not to exceed the amount of the Commissioners' award made payable to the County Clerk of Dallas County to be deposited into the registry of the court to enable the City to take possession of the PROPERTY without further action of the City Council. SECTION 9. That in the event it is subsequently determined that additional persons other than those named herein have an interest in the PROPERTY, then the City Attorney is authorized and directed to join said parties as defendants in said condemnation suit. SECTION 10. That this resolution shall take effect immediately from and after its passage, as in the Charter in such cases is made and provided. OFFICE OF THE CITY SECRETARY R02-Q94 PASSED AND APPROVED this the 22nd day of October, 2002. Mayor Town of Addison, Texas ATTEST: Cannen Moran, City Secretary 􀁹􀁾􀁾 Ken C. Dippel, City Attorney OFFICE OF THE CITY SECRETARY R02-094 11/12/02 MEMO To: John Birkhoff, Birknoff, Hendricks, & Conway From: Steve Chutchian, Town ofAddison Cc: Angela Washington, Cowles & Thompson Jim Pierce, Town ofAddison Luke Jalbert, Town ofAddison Hi John: Our staff has attempted to work out a deal with the owner ofthe old "Filling Station" site on Addison Rd. In a recent counter-offer to the Town, the owner cited the need for monetary compensation for damage to the existing fountain/well on the north side ofthe property. Mike Murphy, Jim Pierce and I went to the site and determined that we could relocate the proposed sidewalk around the fountain and avoid it completely (see attached drawing). In addition, we would like to include a small retainer curb that will separate the fountain from pedestrian traffic on the sidewalk. This total action may involve minor adjustments to the location ofproposed red oak trees, irrigation, etc. within the parkway easement Please have your staff make appropriate modifications on the engineering plans and specs. Accordingly, we will ask our City Attorney to inform the property owner that his fountain will be protected during construction. Ifyou have any questions, please let me know. Thanks. SteveC, BLDG. S.G. MACARENA RESTUARANT ( 15201 ADDISON RD.) SIGN i SIDE WAlK-;... I0O'ol-IL'-1, flZ-f".s e p RcTAWER c:vl21'> iL Steve Chutchian From: Washington, Angela [awashington@cowlesthompson.com] 􀁾􀁥􀁮􀁴􀀺􀀠Tuesday, October 15, 2002 10:15 AM To: 'mmurphy@ci.addison.tx.us'; Steve Chutchian (E-mail) Cc: DIPPEL, KEN Subject; Parcel 2, Addison Road Extension (Sultan Chanaa-The Filling $lati on) I have spoken with the owner's son Adam Chanaa. His father, Sultan Chanaa still owns the property. They are expecting the offer. It should be sent to the son at the following address: Adam Chanaa 19009 Preston Road Suite 209 Dallas, Texas 75252 His telephone number is 972-248-8855 if you need it. I am assuming that you guys will send the letter, but I am happy to handle if you want. Let me know. 1 AN APPRAISAL REPORT OF TIlE OLD "FILLING STATION" RESTAURANT A PARKWAY EASEMENTACQUISITION LOCATED AT 15201 ADDISON ROAD TOWN OF ADDISON, DALLAS COUNTY, TEXAS PREPARED FOR TOWN OF ADDISON CIO MR. MICHAEL MURPHY, P.E. DIRECTOR OF PUBLIC WORKS P.O. BOX 9010 ADDISON, TEXAS 75001·9010 DATE OF APPRAISAL MARCH 20, 2002 PREPARED BY HIPES & ASSOCIATES 7557 RAMBLER ROAD SIDTE 260, LB 25 DALLAS, TEXAS 75231 HIPES & ASSOCIATES REAL ESTATE APPRAISERS/CONSULTANTS OFFICE ADDRESS: MAIUNG ADDRESS: "57 RAMBLER RD #260 P.O. BOX 6IXl142 LOCK BOX 25 DAlLAS, 'IEXAS 15360 DAlLAS, 'IEXAS 1m1 􀀲􀀱􀀴􀀭􀀷􀀳􀁾􀁓􀀹􀀴􀀱􀀠 March 20, 2002 Mr. Michael Murphy, P.E. Director of Public Works Town of Addison P.O. Box 9010 Addison, Texas 75001-9010 Re: The old "Filling Station" Restaurant Property Addison Road Parkway Easement Dear Mr. Murphy: I have inspected and made an appraisal of the above referenced property. Conditions pertinent to or indicative of the value of the property were researched and investigated. This report sets forth my findings and conclusions and any material matters within the market place that may have an impact on the value of the subject, the proposed acquisition, and any remainders both before and after the proposed acquisition. Factual data pertaining to the subject is exhibited along with any market data felt significant in the analysis and opinion of value. Certificate of Appraiser I hereby certify: That it is my opinion the total compensation for the acquisition of the herein described property is $23.460.00 as of March 20. 2002 based upon my independent appraisal and the exercise of my professional judgement; That on March 20. 2002, and various other dates, I personally inspected in the field the property herein appraised; that I afforded Mr. Tim Ward", the property owner or his representative, the opportunity to accompany me at the time of inspection; The comparable sales relied upon in making said appraisal were as represented by the photographs contained in the appraisal and were inspected on March 20, 2002, and various other dates; That to the best of my knowledge and belief the statements contained in the appraisal hereinabove set forth are true, and the information upon which the opinions expressed therein are based is correct, subject to the limiting conditions therein set forth; That I understand that such appraisal is to be used in connection with the acquisition of land area for a public project by the Town of Addison, Texas, and that such appraisal has been made in conformity with the appropriate State laws, regulations, and policies and procedures applicable to appraisal for such purposes, and that to the best of my knowledge no portion of the value assigned to such property consists of items which are noncompensable under the established law of said State, and any decrease or increase in the fair market value of subject real property prior to the date of valuation caused by the public improvement for which such property is to be acquired, or by the likelihood that the property would be acquired for such improvement, other than that due to physical deterioration within the reasonable control of the owner, has been disregarded in determining the compensation for the property; That neither my employment nor my compensation for making this appraisal and report are in any way contingent upon the values reported herein; That I have no direct or indirect present or contemplated future interest in such property or in any benefit from the acquisition of such property appraised; and that should I or any employee in my service acquire any interest in or to the property appraised prior to the acquisition of the parcel by the Town of Addison, I will immediately notify the Town of such interest or interests; That I have not revealed and will not reveal the findings and results of such appraisal to anyone other than the proper officials of the Town, until authorized by Town officials to do so, or until I am required to do so by due process of law, or until I am released from this obligation by having publicly testified as to such findings. Respectfully submitted, \. 􀁌􀁾􀁁􀁡􀁾􀁧􀀼􀁊MafkA Hipes . . . Date Texas Certification No. TX-1321416-G -Tim Ward is adve.rti&edas the 3&ent (Jelling broker) for the $ubject property. NlJllletOw attemptl during the previow. two weeks: have been unIlueeemui The The property was lIPPra.i&ed based on an exterior inspection. Note: This is a Summary Appraisal Report which is intended to comply with the reporting requirements set forth under Standards Rule 2-2(b) ofthe Uniform Standards ofProfessional Appraisal Practice for a Summary Appraisal Report. As such, it presents only summary discussions of the data, reasoning, and analysis that were used in the appraisal process to develop the appraiser's opinion of value. Supporting documentation concerning the data, reasoning, and analysis is retained in the appraiser's file. The depth ofdiscussion contained in this report is specific to the needs of the client and for the intended use stated below. The appraiser is not responsible for unauthorized use ofthis report. ii SUMMARY OF SALIENT FACTS A Parkway Easement Acquisition at 15201 Addison Road Sultan K. Chanaa • Owner Addison, Texas Date of the Appraisal: Value Estimated: Property Rights Appraised: Property Appraised: Property Zoned: Highest & Best Use: liAs vacant": "As improved": Estimates of Fee Simple Value: Whole Properly Land Value (Sales Comparison): Cost Approach: Income Approach: Sales Comparison Approach: Whole Property: Part Taken: Parkway easement Remainder Before the Take: Remainder After the Take: March 20, 2002 Market Value -Just Compensation Fee Simple & Easement A ±0.6916 Acre tract improved with a restaurant facility, located at 15201 Addison Rd., Addison, Texas. LR, local retail To be developed in conformity with adjacent land uses as demand warrants. To be maintained as a restaurant facility. $346,449 $635,000 $623,257 (generic est.) $653,200 $653,200 $ 23,460 . $629,740 $653,200 Final Value Estimate: JUST COMPENSATION $ 23,460 iii TABLE OF CONTENTS Transmittal Letter ......•............................................... Summary of Salient Facts • . . . . • . . . . . • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . iii Table of Contents ......................................•............... IV Purpose and Use of the Report ..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Definition of Market Value ...... . . . . . . . . . . . . . . . . . . . • . . . . . . . . . . . . . . . . . . . . . 1 Scope of the Appraisal . . . . . . . . . . . . . . . . . . . . . . . . . . . . • . . . . . . . . . • . . . • . . . . . . . . 1 Property Rights Appraised • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Effective Date of Valuation .• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Identification of the Property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 History of the Property ...................................•.............. 2 City Data. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Neighborhood Analysis and Trends ................•.............. .......... 6 Subject Property ....................................................... 7 Highest and Best Use -Zoning .............•.........•...•................ 9 The Appraisal Process -Whole Property .....••....•....•...•...........•..•. 11 Land Valuation (Sales Comparison) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Cost Approach to Value ..................................... ... :..... 21 Income Approach to Value ............................................ 25 Sales Comparison Approach to Value .............................. ...... 26 Reconciliation .•....................................................... 33 Part Taken -Valuation .............•.................................... 34 &timate of Just Compensation 38 ADDENDUM Comparable Rental Data Assumptions & Limiting Conditions Photographs of the Subject Plat of the Subject Legal Description Qualifications of Appraiser iv Purpose of the Appraisal The purpose of this appraisal is to estimate the market value of the proposed parkway easement of the real property rights to be acquired, encumbered by any easement not to be extinguished, less oil, gas and sulphur. If the acquisition is of less than the entire property, any special benefits and damages to the remainder property must be included in accordance with the laws of Texas. This appraisal is rendered in order to assist Addison in estimating the value of property to be acquired. Definition of Market Value Market Value may be defined as follows: "Market Value is the price which the property would bring when it is offered for sale by one who desires, but is not obliged to sen, and is bought by one who is under no necessity of buying it, taking into consideration all of the uses to which it is reasonably adaptable and for which it either is or in all reasonable probability will become available within the reasonable future." Definition of Easement An easement is a nonpossessing interest held by one person in the land of another person whereby the first person is accorded partial use of such land for a specific purpose. An easement restricts but does not abridge the rights of the fee owner to the use and enjoyment of the easement holder's rights. Scope of the Appraisal The scope of this report includes the research, data acquisition and analysis as described in the appraisal process description of this report. In gathering comparable sales data our sources include direct interview with grantor and/or grantee, commercial sales reporting services, other appraisers and real estate practitioners, published data and information in our files. Comparable rent information is generally derived from direct interview with property managers and leasing agents. On comparable rent and sale information the source is generally indicated on the respective comparable's page. Information on property operating expenses can be derived from a number of sources including actual amounts provided to us for the subject property, file information, direct interview with property managers and owners and published industIY averages. Replacement construction costs amounts are generally derived from the national cost reporting services prepared by Marshall and Swift and, where available, actual construction costs are utilized. On some comparable sales data an attempt is made to confirm third party information with either the grantor or grantee if there is concern about the data's reliability. 1 Property Rights Appraised The property rights appraised are those of the Fee Simple and Easements estate. Fee simple estate is defined as "Absolute ownership unencumbered by any interest or estate; subject only to the limitations of eminent domain, escheat, police power, and taxation"; and easement as "a 􀁮􀁯􀁮􀁰􀁾􀁳􀁥􀁳􀁳􀁩􀁮􀁧􀀠interest held by one person in the land of another person for a specific purpose. (The Dictionary of Real Estate Appraisal, Second Edition, American Institute of Real Estate Appraisers, 1984, p. 123.) Effective Date of Valuation The effective date of valuation is March 20, 2002. The inspection date of the subject was March 20, 2002, and various other dates. The date of this report is March 20, 2002. Identification of the Subject Property The property being appraised is a ±0.6916 Acre tract of land improved with a single story restaurant building, located on the west side of Addison Road approximately half way between Beitiine Road and Arapaho Road, in the Town of Addison, Dallas County, Texas. This is an area principally developed with commercial, industrial, and airport service uses. The local address is 15201 Addison Road, Addison, Texas 75001. The parkway easement acquisition of the subject property is comprised of a strip taking along the east side of the subject containing ±3,210 SF adjacent to the existing Addison Road right-of-way. The suryey provided to the appraiser representing the proposed acquisition is included in the Addendum to this report. Briefly, the legal description for the subject property/part taken is described as; being a part ofthe Sambuca 2/Filling Station Amended Addn., and a part ofthe Edward Cook Swvey, Abstract Nwnber 326, Town ofAddison, Dallas County, Texo.s, containing a total of ±O.6916 Acres ofland area. A metes and bounds legal description of . the proposed parkway easement acquisition has been provided to the appraiser and is included in the addendum of the report. History of the Subject Property No property ownership information was provided to the appraiser for this appraisal assignment. However, public information indicates that the current owner acquired the subject site on, or about, November 3, 2000, and recorded in V2000215, Pl991 of the Dallas County Deed Records. The subject was previously owned by The Filling Station of Addison, Inc. and utilized as a restaurant. The property has been vacant for several years. It is currently being marketed by Search Commercial (Tim Ward m.308.oo56). No current contracts or offering prices are known. 2 Ad Valorem Tax Information The DCAD Acet. # for the subject is 10007040000020000. The DCAD appraised value for the subject is $679,900; land value @$361,510 and improvement value @$318,390 for the year 200l. Current ownership information was taken from the DCAD commercial property data records. Estimated MarketinglExposure Time The USPAP requires that the appraiser address the estimated reasonable exposure time of the property at the value estimate. This is defined as the time prior to and ending with the effective date of the appraisal estimated to be required to market the property at the final value estimate. The subject has been listed for sale for the previous 1 + year. As it is still being marketed, it is not clear what market resistance is affecting the property, but it is presumed that it is asking-price related. For the purpose of this appraisal, the estimate of market value will, be based on the presumption of a twelve month or less marketing time. The subject property is currently for sale as evidenced by the for-sale sign erected at the front of the property. Numerous attempts to contact the agent for the subject have elicited no response. No phone listing was found for the DCAD property owner; Sultan K. Chanaa. 3 CITY DATA The Town of Addison is located in the northern portion of Dallas County, approximately 12 miles north of the Dallas Central Business District. The City is bounded by Dallas on the north and east sides, Dallas and Farmers Branch to the south and the City of Carrollton on the west. The City is a suburb of Dallas and is a part of the Dallas Metropolitan area. Addison has participated in the growth of the metropolitan area as shown by the following figures: Census Year Population Increase 1970 593 N/A 1980 5,553 +835% 1990 8,783 + 58% 1998 (est.) 11,722 +33% The Town of Addison is primarily commercial in nature. Light industrial and flex warehouse space has developed in the areas east, north, and west of the Addison Airport. The Dallas North Tollroad corridor sparked heavy hotel and multi-story office building development during the 1980's. This extends from the west side of the"freeway to the railroad tracks at Inwood road. The corridor along Midway Road from the Farmers Branch boundary continued the the light industrial, office/flex development of the Midway Industrial Park that extends southward to LBI Freeway. The corridor along Belt Line Road through the City has seen extensive development with restaurants, hotels, and retail facilities. As a result, residential housing is a minor factor in the property base of the Town of Addison. This has helped to keep taxes low, but has afforded the Town a very healthy tax income due to the high valuations of the commercial properties. This is displayed in the quality and quantity of public facilities and services provided. Primary north/south access through Addison is via the Dallas North Tollway, Addison road and Midway Road. Belt Line Road and Trinity Mills Road are primary eastlwest thoroughfares. The major development within the city is the Addison Airport, a major corporate and private air facility, which occupies a large portion of the City's land area. due t Addison's accessibility and location in the path of the City of Dallas northern growth, substantial hotel, commercial, retail, office and light industrial development has occurred. This is generally all of good quality and relatively recent construction. The character of the City is primarily commercial with small concentrations of multifamily housing and upper-middle income single-family in its central and southwestern portions, and high-end single family housing found in the extreme eastern portion." Addison has a CouncilIManager type government. It provides police and fire protection to it's citizens. Utilities are provided by Lone Star Gas Company, TU Electric Company, and Southwestern Bell Telephone Company. It gets it's water from the City of Dallas and sewer services from the Trinity River Authority and the City of Dallas. Utilities appear to be adequate to service projected growth. Addison is in the Dallas and CarrolltonlFarmers Branch Independent School districts. There are no school buildings located within Addison's city limits. There are a number of major shopping facilities in or near Addison, including the Galleria Mall and Northpark MalL Additional large, modem retail areas are in close proximity. The renowned retailer, Nordstrom's has a store in the Galleria shopping center just south of Addison at LBJ and the Tollroad and a new major retail center has been constructed on a tract north of that. Other 4 significant large retail facilities are a free-standing Horne Depot Expo Design Center and Mikasa Horne Store. Due to the number of office and light industrial buildings in the area, there is a large and diversified community of employers. Two of the largest are the Dallas Marriott Quorum and Intercontinental hotels. Addison is well known as an entertainment and restaurant area with over 100 restaurants operating the in Town. The new "urban hub" consisting of a 70 acre development at Addison Circle, located north of Belt Line Road and bounded by Airport Parkway, Addison road, the Toll road and Arapaho Road is currently under development. The main thrust is the increase of residential housing. an arts center, and parks and public use areas. When completed, it is projected to increase the population by 50% -60%. The City feel5 that this will prevent Addison from losing businesses to northern suburbs and insure long-term, quality growth. This should enhance overall values in the area in our opinion. Mter a period ofspeculative real estate investment activity in the early and mid 1980's, Addison and adjoining areas were among those hardest hit by the real estate recession of the last half of that decade. That situation has now turned around dramatically. Due to its highly desirable location, a resumption of market strength is currently found. M/PF market research has consistently reported strong increases in office construction over the previous several years. In addition, Hines Interests plan 250,000 Sf of new office at the Galleria in the Dallas City limits, and Centre Development plans a 410,000 SF office structure at Dallas Parkway and Spring Valley in Farmers Branch just south of Addison. For multi-family construction, MJPF research also shows strong growth and absorption. The overall prospects for the City's future is considered to be good, in our opinion. 5 NEIGHBORHOOD ANALYSIS AND TRENDS The subject neighborhood is described as being that area generally bounded by Belt Line Road on the south, Midway Road on the west, Westgrove to the north and Quorum Drive to the east. This area is in the north-central portion of the Town of Addison which is a northern suburb of the City of Dallas situated approximately 12 miles north of that municipality's central business district. The predominant feature and major land use within the subject neighborhood is the Addison Airport which is due north of the subject property. This is a major fIXed-base corporate and private airport facility for northern Dallas County. Improvements at the airport include a 7,200' lighted runway, control towers, ILS Approach System, and two 24-hour fixed base operators providing fuel and other aircraft related services. It houses corporate aircraft for a number of businesses within the area. Much of the improvement west of Addison Road is light industrial and airport related type construction. Major facilities for the. City of Addison occur at the west corners formed by the intersection of Airport Parkway and Addison Road. The northwest corner of those two streets houses the City of Addison's police and court facilities while the southwest corner is the site for the City of Addison's central fire station. The majority of the rest of the development south of Airport Parkway, extending along Lindberg and on the west side of the airport, is light industrial or commercial in nature. Addison Road is a major north/south connector within this portion of Addison and North Dallas. In addition to commercial buildings found here, there was fairly extensive low and mid-rise garden office development during the construction boom of the early and mid 1980's. Examples of this type of construction are found on the west side of that thoroughfare both south and north of the Keller Springs intersection with similar development in the northeast quadrant of Keller Springs and Addison Road. Additional construction of this type is found along the south side of Westgrove west of Addison Road. North of Westgrove on this side of Addison Road is found more office warehouse/office showroom type development. There are still some fairly sizable tracts of undeveloped land, primarily on the east side of Addison Road in this area. The development in the northern part of the northeastern part of the neighborhood has been high quality, single-story office showroom and hi-tech type construction. There is still a significant amount of developable land in this area. The Town of Addisc.n and adjacent areas north of Belt Line have enjoyed new development and generally increasing land prices since the mid-1990's. Of particular interest is the developing apartment, hotel, retail, and commercial activity surrounding the Addison Circle portion of the subject neighborhood. The attractiveness of relatively close in North Dallas locations should ensure strong demand for existing properties and vacant development land within the subject neighborhood neighborhood as the real estate economy continues to improve. As these events occur, the subject neighborhood development prospers. Current market evidence suggests a healthy real estate market. 6 SUBJECT PROPERTY Site Data The subject tract is near rectangular in shape based on information provided in a strip-map. Plats indicate approximately ±161' of boundary with the west right-of-way line of Addison Road. The old St. Louis Southwestern Railroad right-of-way is the west subject property boundary. According to the strip-map, the subject has a primary drive entrance near the southeast corner of it's site and a shared drive entrance with the adjacent north property at the northeast comer of the site. There is also an interior drive which connects the subject parking area with the adjacent property to the north near the northwest corner of the subject site. Totaliand area is ±30,126 SF, or 0.6916 acres, according to DCAD records which have the most recent site information (year 2000 sale) for the subject. Addison Road is a four-lane undivided street, without a center turn lane at the subject. The improved portion of Arapaho Road terminates to the northwest of the subject property. The subject appears to be at grade with Addison Road. Physical Characteristics The subject site is basically level with no major drainage problems noted. Site grading appears to such to carry surface water from the entire site to the east and the drainage in Addison Road. This is generally effective except in very heavy rainfalls. Apparently off-site drainage capacity is sufficient. The subject property is not located in a HUD designated flood plain area according to Town of Addison, Texas Community Panel No. 481089 0005 A, effective July 16, 1980. Access in and out of the site is accomplished from existing frontage along Addison Road adjacent to the east, via a shared drive with the restaurant to the north of the subject, and a drive entrance near the southeast comer of the subject site. Additional access into the subject site is by way of a crossdriveway approach between the subject and the adjacent-north property. Size/Shape The subject property contains ±0.6916 Acres, or ±30,126 SF in a near rectangular configuration. Although small by current standards, the site is of sufficient size and shape to support independent economic development, if it were vacant and available for development. Zoning: The subject property is zoned "LR", local retail district, under the Town of Addison's ordinances. This is a fairly broad classification providing for a wide variety of commercial usages. The subject improvements are allowable within the "LR" zoning. A 25' setback is required from street frontages (i.e., property boundary with right-of-way), including a 20' landscaped buffer. Parking requirements stipulate 1 parking space for each 70 SF of building area. Utilities Sanitary sewer and water connections are provided through the Town of Addison. It is presumed that the present utilities directly available to the site are ofsufficient capacity to support commercial development. Telephone service, electricity and natural gas are available and in adequate supply by private companies serving the subject's general area. The current design of access is considered sufficient to support commercial development. Given the abundance of adjoining street right-ofway, direct access to the subject site is considered both reasonable and probable. 7 Easements and Restrictions As set forth in the AssulIJPtions and Limiting Conditions of this. report, there was not available to the appraiser in the preparation of this appraisal a current title policy. It is assumed from a review of plats and public information that there are no, other than standard utility easements, easements affecting the subject property which are not shown on the site plans/plats, and further, that there are no private deed restrictions that would hinder its current use or future development. It is suggested that these assumptions be verified by competent parties. Typical utility easements are presumed to service the site. Site Improvements The subject property is improved with a single story brick veneer restaurant building with adjacent paved surface parking lots, and landscaping. DCAD records indicate 3,550 SF of building area. The offering sign at the front of the property indicates 4,025 SF of building. As permission to inspect the property was not secured, the DCAD fignres will will be used in this analysis. This building was constructed in ± 1977 and is approximately 25 years old. Surface parking spaces are provided on the north, south and west sides of the site. The front and north sides of the site are landscaped with a mixture or ornamental shrubs, trees, and grass ground cover. Additionally, there is ornamental stone!brick paving, a fountain, landscape pond, tree lighting, and a sprinkler system for portions of the landscaping. There is a concrete patio/porch on the north and west side of the building enclosed with an ornamental wrought·iron fence. An atrium area is built on the south side of the building. This landscape design exhibits moderate neglect at the da te of inspection. The primary entrance is located near the southeast corner of the building. Previous signage has been removed from the faces of the building. An identification sign is located in the southeast quadrant of the parking lot. Moderate decay and broken windows were observed. The condition of the fiat roof roof where the HVAC appears to be located in unknown. The design and condition of the interior of the building is unknown. It is presumed to have been updated in the early-to·mid 1990's when it was acquired for the Filling Station restaurant. It is further presumed that the continued vacancy of the property has accelerated the physical deterioration of the building. Overall, the subject improvements appear to be in fairlserviceable condition; i.e., suitable for renovation for continued use as a restaurant facility. 8 HIGHEST AND BEST USE The Highest and Best Use, as defined by Real Estate Appraisal Terminology, Ballinger Publishing Company, Cambridge, Massachusetts (author Byrl D. Boyce, Ph.D.), Page 107, is as follows: "That reasonable and probable use that will support the highest present value, as defined, as of the effective date of the appraisal. Alternatively, that use, from among reasonably probable and legal alternative uses, found to be physically possible, appropriately supported, financially feasible and which results in highest land value. The definition immediately above applies specifically to the highest and best use of the land. It is recognized that in cases where a site has existing improvements on it, the highest and best use may very well be determined to be different from the existing use. The existing use will continue, however, unless and until the land value in its highest and best use exceeds the total value of the property in its existing use." Also implied is that the determination of the Highest and Best Use results from the 'appraiser's judgment and analytical 􀁳􀁫􀁩􀁬􀁾􀀠i.e., that the use determined from analysis represents an opinion, not a fact to be found. (Appraisal Terminology and Handbook, AIREA AND SREA, 1975) Some of the more important factors of influence include the legal parameters associated with zoning ordinances, deed restrictions, building code requirements and area market supply/demand conditions. Further, the trends within the neighborhood must also be considered and are ,discussed in the "Neighborhood Description and Trends" section of this report. In addition to the typical considerations involved in estimating the Highest and Best Use of the subject property, the City of Addison requires approval from the U.S. Department of Transportation, Federal Aviation Administration (FAA), for the construction or alteration of improvements located within many of it's zoning classifications. Even though the subject property is located outside the currently existing "clear zone" of the Addison Municipal Airport, these additional requirements may apply. The subject property is located proximate to the east and south of the existing airport boundary and clear wne. Consideration was given to the development currently existing proximate to the north, south, east, and west of the subject in analyzing the potential uses for the subject site. While the FAA will not speculate on what types of improvements or alterations would be allowable, without proper application and supporting documentation, it is presumed by the appraiser that those uses existing proximate to the subject generally reflect the type of development that would be probable. Physically Possible Uses As previously described, the subject tract is of such size and shape as to be suitable to support independent economic development. The site is physicaUy suitable for a wide variety of potential future uses. 9 Legally Permissible Uses The main constraints are those affected by the subject tract's zoning ordinance. The "LR" zoning ordinance which regulates the subject allows for office, retail, restaurant, and other commercial uses. The character of the surrounding development and the subject'S proximity to the Addison Road/Arapaho Road controlled intersection, and Beltline Road, it is estimated that retail or restaurant development would be the most appropriate fur the site, if it were of vacant and available for development There is no current or contemplated change in the subject site's zoning, nor is there one which would provide development opportunities that would create a higher return to the land than it's current classification. Financially Feasible Even considering the building height restrictions imposed by clear zone considerations it is likely that a typical retail or restaurant development would generate the necessary revenues to provide for an adequate return on the cost of the land and improvements improvements at current market rent rates in this location. Retail or restaurant occupancy and rental rates suggest that the current local market is strong enough to support financial feasibility for development of the subject site as it is zoned. These uses could include restaurant, fast-food, retail or comparable high intensity/exposure traffic uses, as well as small office or other lower density uses. Maximally Productive Based on the subject's zoning, current operational results and market analysis, it is estimated that the maximally productive utilization of the site as a retail or restaurant site is substantiated.. Highest and Best Use As Vacant Land The estimate of the Highest and Best Use of the subject Whole Property would be for retail or restaurant development which would take advantage of the Beltline Road/Arapaho Road facilities and the possible influence of the DART site to the near northeast of the subject property. The current zoning allows for a wide variety of potential uses which could take advantage of the subject's location. Highest and Best Use As Improved Analysis of the subject property indicates that the currently existing improvements provide contributory value to the property. The improvements represent the estimated Highest and Best Use of the property "as improved". The existing improvements would provide for income which, in effect, provide a return on and of the investment represented by the property. 10 THE APPRAISAL PROCESS Appraisal theory provides three basic methods of appraising properties. They are the O:lst Approach to Value, the Income Approach to Value, and the Sales O:lmparison Approach to Value. The O:lst Approach to Value embraces the philosophy that the replacement costs applied under the Principle of Substitution may define the value for a property. In this approach to value, the appraiser estimates the market value of the site, the replacement cost of the improvements less any applicable accrued depreciation, and then combines these two items to arrive at a cost estimate of value. The Income Approach to Value is based upon an analysis of the potential income stream of the property and comparison of that income stream with those of similar properties. This calculation and analysis results in a net income stream attributable to the real estate. That income is then capitalized at a rate which is commensurate with the rates expressed in the marketplace by investors for similar properties. The resulting figure is an income estimate of value. The Sales O:lmparison Approach to Value is a basis for estimating value based upon units of comparison derived from sales of similar properties in the marketplace. Those units of comparison are then applied to the subject property to arrive at a range of values which should be indicative of a value 􀁥􀁳􀁴􀁩􀁭􀁡􀁴􀁾􀀮􀀠This approach is used not only for improved properties but also in estimating the current value of the subject site. That portion of the report is necessary to complete the Cost Approach. After applying the three traditional approaches to value, it is the appraiser's responsibility to weigh the strengths and weaknesses of the three different approaches to value and determine which of the three is most applicable in the valuation of the subject property. This section of the report is captioned as "Reconciliation". 11 Land Value by the Sales Comparison Approach In this section of the report, the appraiser will present data and analysis leading to an estimate of market value as of the effective date of the appraisal for the subject site. Basically, this value is estimated by the comparison ofsales of similar land tracts that are current or of recent date to the subject tract. This comparison relates the differences, if any, in the legal, physical, locational, and economic characteristics of the comparable sales and the subject site, analyzing also any differences in real property rights transferred, dates of sale, motivations of buyers and sellers, and any unusual financing arrangements for the sales analyzed, any of which factors might account for price variations. The adjustments, if any, for property rights conveyed, financing terms, sale conditions and market conditions are made sequentially and individually. Adjustments for location and physical characteristics are accumulated and made at the end of any adjustments from the previously cited sources. From the information available, the following comparable sales presented all transferred ownership in fee simple, and there were no known unusual financing terms. General adjustments for market conditions relate to passage of time, e.g., in a rising market an earlier comparable sale would be adjusted upward to reflect conditions as of the effective date of the appraisal. Over the time period reviewed for the comparable sales, trends in either direction which cannot presently be ascribed to other contributing factors within the marketplace, other than those discussed following the comparable sales presentation, will be adjusted based on historical market data. At the end of the presentation of the comparable sales, those sales will be summarized and a grid presented which makes the remaining adjustments called for relative to locational and physical differences between the comparables and the subject tract. The comparable sale prices as adjusted to the subject site are then analyzed to produce an estimate of market value for the land. There are other methods available for estimating land value including allocation, extraction, subdivision and the land residual technique. Generally, in all cases, the estimation of land value by comparable market· sates is considered appropriate and most desirable where sufficient data is available. This is the case for the subject site and the Sales Comparison Approach will be utilized solely in estimating it's current market value. Sufficient data is available within the recent past to make an accurate appraisal specifically for the subject. 12 Comparable #1 Location: Legal Description: Grantor: Grantee: Date of Sale: Recorded: Consideration: Terms of Sale: Cash Equivalency: Size: Zoning: Comments: Verified By: Mapsco #: East side of Addison Rd, ±301' south of Arapaho Rd., also fronts south side of Arapaho Rd., Addison, TX Abstract No. 482, Addison, Dallas County, TX Daryl N. Snadon Rail Hotels Corporation February 5, 1999 99024/1020 $lO.oolSF ($688,760) Executed $2,100,000 note to Ado Bank of Commerce (includes construction financing) $10.00ISF ±68,877 SF; 1.5812 Acres C-1, commercial This site wraps around the southeast comer of Arapaho & Addison Roads. A hotel has been built on this site. Jim Durbin -Broker 972.661.1011 D-14C 13 Land Sale Comparable #2 Location: Legal Description: Grantor: Grantee: Date of Sale: Recorded: Consideration: Terms of Sale: Cash Equivalency: Size: Zoning: Comments: Verified By: Mapsco #: 16500 Midway Road, Addison, Texas. Part of Lot 1, Blk A, Bellwood North Airport Addn., Addison, Texas. Maylar, LP Sixteen Thousand Five Hundred, Inc. January 31,2000 2000020/2714 $8.05ISF ($470,000) Exec. $303,550 note to Texas Capital Bank $8.05ISF ±58,414 SF; 1.341 Acres 1-3 (industrial) This site is along the east side of Midway Road, south of Sojourn, and along the west side of Addison Airport. It has extensive Midway Road frontage in an area transition from retail 10 commercial uses. James Brown (broker) 972.386.333 D·4P 14 • Land Sale Comparable #3 Location: Legal Description: Grantor: Grantee: Date of Sale: Recorded: Consideration: Terms of Sale: Cosh Equivalency: Size: Zoning: Comments: Verified By: Mapsco #: Southwest corner of Quorum & Edwin Lewis, Addison, Texas. Quorum Center Addition, Addison, TX Daryl Snadon Springhill SMC Corporation January 5, 2001 2001004/4624 $13.911SF ($2,750,000) All cash to seller $ 13.911SF ±197,762 SF; 4.54 Acres PD, planned development -commercial This is a corner tract. A proposed hotel and restaurant will be built on this site. Jim Durbin -Broker 972.661.1011 D-14D 15 · [COMPARABLE MAP] 68,877 Commercial1 02/05/99 $10.00 58,414 Industrial2 01/31/00 $ 8.05 197,762 Commercial3 01/05/01 $13.91 Subject ±30,12603/02 N/A Retail Adjustments to Land Sale Comparnbles Standard appraisal practice calls for the analysis of the sales presented comparing each to the subject in regard to time passed from sale date to appraisal date (that is, changes in market conditions), locational differences, relative size, physical characteristics and utility. Adjustments were made from the known, i.e., the actual sale, to the unknown, i.e., the value of the subject. In a comparison heading where the subject is deemed to be superior to a particular sale, an appropriate upward adjustment is made to the comparable sale and vise versa. Your appraiser considered the application of paired sales analysis in adjusting the comparable sales to the subject. There was not sufficient comparability of the sales within those available for review that permitted a reasonable application of that type of analysis. The adjustments are based to a great degree on subjective analysis and market appraisal experience, but the adjustments rely on some easily recognizable and generally accepted maxims about the various aspects of comparison. They are briefly discussed in the following paragraphs which in short form discuss the items considered for each adjustment heading. Property Rights Conveyed This is a consideration of the real property interest conveyed. In the case of the comparable sales used in this analysis, all were transferred in fee simple, indicating no adjustment for this heading of comparison. Financing Teoos This reflects that for similar properties, a higher price might be paid for one wherein very attractive financing teoos are available to the purchaser. Any adjustments required under this consideration have been addressed within the discussion of each individual sale in converting reported transaction price to cash equivalency where conditions so indicate. Conditions of Sale This element of comparison is to reflect any unusual motivations of buyer and/or seller that would take the transaction out of the broad parameters of the definition of a sale for market value. Although paired sales were not available with which to compare it, it is the appraiser's opinion that 16 those conditions in all probability did not exist for any of the comparables selected for inclusion in this report. Market Conditions Any number of factors, including fluctuations in supply and demand, inflation, depression and the like may cause changes in market conditions which are reflected in the prices of real property. The subject neighborhood has undergone significant growth in the recent past, which in tum has lead to escalating land prices. Upward TimelMarket Conditions adjustments will be applied to the selected comparable sales to reflect this change. While "time" is an important consideration in selecting comparable sales, location and utility were considered of paramount importance in this analysis. Sale #1, selected because it is across the street from the subject, is ±3 years old and requires an upward adjustment for time due to perceived market growth. Sale #2 is ±2 years old and requires a modest upward adjustment for time. Sale #3 is ± 1 year old and does not appear to warrant any adjustment for time, given the prevailing market conditions during that time. Location In this portion of the adjustment process the appraiser considers locational aspects of the comparable sales as opposed to the subject. Such aspects as quality and quantity of surrounding development, adjacent land uses, and other perceived physical amenities are considered. Due to the lack of paired sales characteristics in the comparables, the adjustments are qualitative. Sale #1 wraps around the comer of Addison Road and improved Arapaho Road. The general 'location of this sale, geographically, is equal to that of the subject; it is across the street. Sale #2 is located along a less intensely developed section of Midway Road along the west side of Addison Airport. It's street location is considered to be inferior to that of the subject and is adjusted upward accordingly. Sale #3 is a comer tract on Quorum Drive. Both it's Quorum Drive location and it's proximity to the Tollway are considered superior locational attributes as compared to the subject. Comer/Access influence is treated separately. Zoning The zoning of Sales ,#1 and #3 are considered to be comparable to that of the subject property. Sale #2 has an industrial zoning classification, allowing for less flexibility and intensity of development than the subject. An upward adjustment is deemed appropriate for these conditions inherent is Sale #2. Utility In this category a number of factors are considered in adjusting the comparable sales and offerings to the subject property. They include physical dimensions and shape of the site, topography of the site, availability of public and private utilities, and accessibility among others. Those physical dimensions which permit the most economic and efficient use of the land also command better prices. This fact perhaps is best stated in that not having this advantage is an offset to sites with poor 􀁦􀁲􀁯􀁮􀁴􀁡􀁧􀁥􀀭􀁴􀁯􀀭􀁤􀁥􀁰􀁾􀁨􀀠ratios and the like. Each of the com parables and the subject are considered to have comparable utility for future development, apart from the adjustments made in other categories in this analysis. Access, exposure, and frontage all impact how a property will be accepted by the market. Additionally, immediacy of access is a specific consideration for the subject property, as opposed to general access and environs which are considered as a part of the "Location" category. The corner attributes of the subject site are discussed below under "Access/Frontage". 17 SightNiew This factor considers (1),how the property is presented to the public and (2) what the impact of surrounding property characteristics affect subject property. Com parables #1 and #3 are within a typical commercial development area, which exhibits good orderly development and design. Sale #2 is adjacent to Addison Airport and has a view of the airport and the adjacent tech/commercial development mix. The subject is deemed to be comparable to each of the comparable sales. AccesslFrontage Sale #1 requires a modest downward adjustment due to it's access to improved Arapaho Road. This sale wraps around the comer ofArapaho Road (Improved) and Addison Road, giving two road access/frontage. Sale #3 is a true corner location and is considered to be superior in immediate access/frontage as compared to the subject. Sale #2 is an interior tract with single road frontage and is considered to be equal to the subject in terms of access/frontage. Size The subject property is :!:30,126 SF in size. All of the sales sales are considered to be inferior to the subject in size. While the subject is quite small, it is suitable for a relatively intense development. It is typically found that much larger tracts do tend to sell for a lesser "per unit" price than do smaller tracts that are generally available for similar, although smaller scale, developments. While there are no absolutes noted for size difference among the comparable sales selected for presentation herein, the general market reflected throughout the range of sales reviewed for this appraisal does indicate that the market is somewhat size sensitive. To a limited degree the market reflects a willingness to pay slightly more for smaller tracts, on a per square foot basis, than for large tracts. This would indicate an upward adjustment for size for each of the comparable sales. There follows a grid which displays the adjustments to the comparable sales called for in the opinion of your appraiser. 18 r . . " ,.-,-.-. -. 􀁾􀀭􀀭..-. '.' ·.···ilANJj(SADE 'ADJUSTMENTGRID 􀀮􀁾;':::;:::',-:,;: 􀀵􀁾􀁻􀀻􀀭􀀭􀀨􀁙􀀠..'.' ;",,J_ '. ,_,'. ' _ '_ ,-,,"<-c.,.,.:. -_ . _.', ,d•• , __ -'"._􀁩􀀧􀀬􀁾􀀯􀁾􀀻􀀠􀀺􀀭􀀬 􀀭􀀬􀀬􀀭􀀺􀀺􀁾􀀻􀁾􀀻􀀺􀀯􀀬􀀮􀀬􀀭􀀭􀀬􀀭􀀬􀀮􀀠'Ti I... ·· . "I .. 􀀬􀀬􀁾􀀠􀀺􀀺􀁾􀀺􀁾􀀺􀀺􀀺􀀻􀀻􀀬􀀼􀀬􀀩􀀮􀀭􀀭􀀭􀀺􀀭􀀮􀀧􀀠l' -"2 <' .::: .·....:3 􀀧􀀭􀁾􀀭􀀧􀀭􀀧.';::' ';, ';.-, I i Cash Equivalent Price $ISF $10.00 $8.05 $13.91 i . Property Rights Adjustment -0-0-0i i Adjusted Price $ISF $10.00 $8.05 $13.91 i Conditions of Sale Adjustment -0-0-0Adjusted Price $ISF $10.00 $8.05 $13.91 TimeIMarket Conditions Adjustment . +10% + 5% -0I Adjusted Price $/SF $11.00 $8.45 $13.91 Location Adjustment -0+10% -15% I Access/Frontage -10% -0-20% Zoning -0+10% -0. Size Adjustment +10% +10% +20% I. i SightNiew -0-0-0Adjustment Factor -0· +30% i -15% Adjusted Price $/SF $11.00 $10.99 $11.82 Market Value Estimate -Subject Site Mter adjustments, the comparable sales range from $10.99/SF to $11.82/SF. The average of the adjusted sales sales price is calculated at $11.27/SF. It is the appraiser's opinion that each of the Comparable Sales, as adjusted, are representative of the probable market value of the subject property. Sale #1 and Sale #3 are both in close proximity to the subject and suitable for comparable developments. The greatest reliance is placed upon these two sales. Each comparable has its strengths and weaknesses as compared to the subject. While these comparables are not identical to the subject in terms of size, use, and exact location, these sales are believed to accurately reflect the most probable range of value for the subject, as well as approximating the ultimate use of the subject. The comparables selected ultimately required fewer adjustments than other com parables in the market would require. When analyzed in light of the general surrounding development, it appears that there is a market and, hence, a range of value which is generally acceptable for various forms of development on properties of this class in this this area. ' 19 Over sixteen sales, occurring from 1997 to the present, were reviewed in the development of this appraisal. These sales were proximate to the market area of the subject and were analyzed to determine if there was any definable trend to the market activity. It is noted that sales to end-users is becoming more wide spread in this market for a\l classes of properties. Speculative investment does not appear to be the principal motivating factor. A number of sales reviewed were for near term use/development, and these sales reflected the upper limit of the market value range. The range of the value indications provided by the Comparable Sales is considered to be a good indication of probable market value for the subject property. Based on the aforementioned data and analysis, the Market Value of the subject site is estimated to be $11.50 per square foot of the land area. The subject is estimated to contain :t30,126 SF of land area according to the documents provided. Therefore: Site Area Value Estimate :t30,126 SF $11.50/SF $346,449 ESTIMATED MARKEr VALUE -WHOLE PROPERlY 'SITE", Say $346,449 20 COST APPROACH TO VALUE As noted, the Cost Approach to Value estimates the replacement or reproduction costs of the improvements plus land value to arrive at an indication of worth for the property appraised. This theory of valuation is based on the Principle of Substitution which holds that a knowledgeable purchaser will not pay more for a property than that amount for which he can obtain a property of equal utility and desirability by acquiring a site and constructing a building thereon within a reasonable period of time. This approach entails the following: 1. Estimation of the current replacement or reproduction cost of the improvements. 2. Estimation of all accrued depreciation, if any, of the improvements, deducting such depreciation from the current cost estimate. 3. Adding the value of the land as estimated by the Sales Comparison Approach to the estimated depreciated cost of the improvements. Reproduction cost is defined as the cost required to exactly duplicate the existing improvements as of the effective date of the appraisal. Replacement cost is that estimated required to construct at current prices the Subject improvements with equivalent utility to the existing structure using current standard design layout and modem materials. As the Subject building is ± 17 years old and the fact that these kind of structures are of fairly standard design and construction, it is our opinion that utilization of replacement cost is appropriate within the Cost Approach. Replacement Cost Estimate Direet. Building Costs The source for current cost data is from the Marshall and Swift Valuation Service as adjusted for time and loeational variances. It is the appraiser's opinion that this building has the characteristics of the "Very Good Class D" restaurant buildings as described by Marshall and Swift. In Section 13, Page 14, which describes this type of building, current estimated replacement costs are stated at $119.54/SF for Class "D" Very Good and $91.30/SF for Good construction. This amount must be adjusted by factors also prepared by Marshall and Swift for time lapse to the present from cost preparation date--1.05x--and adjustment for price differentials caused by different physical geographic locations--O.92x. Multiplying these two factors times the $ 119.54/SF indicates a current estimated replacement cost for the Subject at $115.481SF. Also included in direet costs are elements not covered in the per square foot amount published by Marshall and Swift. These items would include the cost of the landscaped/sprinklered areas at the front of the building, the signage in the parking lot, the concrete lot paving, and developer's profit. The estimated cost new of the signage is $4,000. The estimated cost of the landscape/sprinkler system al the front of the building is $25,000. These estimates are based on interviews with developers as cross-referenced with Marshall and Swift. 21 The other major element of direct expense not covered in the per square foot cost is the amount for paved parking and drives. It is estimated that there is approximately 22,000 SF of paving associated with the subject property (site size less building & landscape area). The concrete paving is estimated to be 4" reinforced concrete at a current new cost estimate of $3.50/SF (per Marshall and Swift estimates). This equates to $77,000 for the paving on the subject site as obtained and adjusted from the segregated cost section of the Marshall and Swift report found on Page 2 of Section 66. Indirect Costs Other elements of construction costs not covered in the basic per square foot amount in Marshall and Swift are an allowance for entrepreneurial profit, loan fees and expenses over and above interest during construction--which are included in the basic square foot cost--and the initial leasing and marketing costs. Entrepreneurial profit is estimated at -0-for the subject property. It is the appraiser's opinion that; 1) the restaurant market is slightly soft in this location at this time, and 2) that the size and design of the subject is more typical of owner/occupancy than an investor grade property (i.e., build to sell or lease, but not occupy). The Marshall and Swift published prices do cover interest during construction but nonoan fees. Depreciation -General Depreciation is defined in most appraisal textbooks as a loss in value as of the date of the appraisal from total replacement or reproduction costs. That depreciation may fall within three different categories. Those categories and the method of estimating the depreciation in each category are explained in the following paragraphs. Physical Deterioration CumbIe physical deterioration refers to items of deferred maintenance. This applies only to items requiring immediate repair. The measure of this category is the cost to correct or cure. Repairs to items such as the roof, painting the interior, carpeting and painting the exterior are typical items of curable curable physical deterioration. The building in general demonstrated a below standard of ongoing repair and maintenance. This is believed to be a result of the continued vacancy of the property. Short·lived incurable physical depreciation recognizes that, while the majority of the structural components will have a life equal to the economic life of the total building, some will have a shorter life and a deduction must be made to allow for their gradual deterioration and eventual replacement. This amount is calculated by multiplying the percentage derived by dividing effective age by total physical life times the estimated replacement cost of the short-lived component. Long. lived physical incurable depreciation takes into account the decline in value due to normal wear and tear on the basic building structure and any concurrent loss in economic use due to its age. This amount is typicaUy calculated by dividing the effective Legal Description: Zoning: Flood Plain: Improvement Data: Construction: Year of Construction: Condition & Appeal: GTOSS Building Area: Land Area: Land to Building Ratio: Type of Parking: Comments: Verified: Mapsco: 3885 Beltline Road, Addison, Texas Red Robin International The Flaming Grill, Inc. July 19, 2000 2000139/5273 $1,550,000 (±$187.04/SF) Exec. $1,200,000 note to seller @market rate $1,550,000 Lot C, Block 3, Beltline Marsh Business Park Addn., Addison, Texas PD-1&, a local retail type zoning No Masonry, single story, free-standing ±1995 Good ±8,287 SF ±84,419 SF 10.19:1 Surface, concrete This restaurant was vacant at the date of sale. It is located on the north side of Beltline Road, where Commercial Drive intersects from the north. The purchaser reopened the facility as a restaurant and bar. Kelly Hampton, broker 14A 29 [COMPARABLE MAP] ,(:( ..... ·COMr.A:liA.BLEBUILDING SALES .sUMMAitY'. . . ...;:.... , ·•....•. :i .-'-.-,,;__ .:'.'.-,,_, ..',__ ''-"-'-'-", ,,-n ,-..'.J',' -_ -. . .. -,---..-'􀁾􀀠" .. Sale Sale Year Building Sale Area (SF) Price ($/SF) No. Date Built I I (J7/99 10,2051 1990 $181.28 8,98701/98 1992 $178.03I 2 , 07/00 1995 8,2873 $187.04 Subject 3,550NA 1977 NA Analysis and Conclusions of Market Data From the available comparable sales, one unit of comparison is derived that is typically utilized in the Sales Comparison Approach to Value. This methodology is utilized by comparing the Sales Prices per Square Foot (SP/SF), taking into consideration and adjusting for physical, locational and market condition factors affecting each sale as compared to the subject property. Sales Price per SQuare Foot Analysis The reader is referred to the previous discussion of adjustment factors presented in the earlier Sales Comparison Approach utilized in estimating the current market value of the land tract. That discussion applies here with the exception of some changes in the physical comparisons. We continue to compare and adjust for Location and Size variations. The remaining two appropriate for improved properties are one for Construction and Design and one for building AgeiConditiolL As all of the sales were purchased for typical restaurant operation, all sales are treated as "fee simple" transfers. No unusual financing or other motivating factors were discovered which would affect the "conditions of sale" for any of the sales included hereilL A comparison of the sales based solely on the date-oC-sale indicates approximately a 1% per year upward adjustment to the subject. Location All of the sales are proximate to major arterials, as is the subject. However, Sale #1 is a corner location and is judged to be superior to the interior location of the subject property. A downward adjustment for this factor will be applied to Sale #1. No adjustments are made to Sales #2 and #3 for location. Size The subject property is reported to be 3,550 SF in size. The comparables range in size from 8,287 SF to 10,205 SF. While no apparent size differential is noted among the sales, it is noted that the subject is less than mle-half the size of any of the selected comparables. However, older sales of varying sizes did not reveal any price differential which could be ascribed to total improvement size either. Restaurant facilities of the same class do not appear to be price/size sensitive at this time in this general location. Therefore, no adjustment will be made for size in this analysis. 30 Design/Construction All of the sales are 􀁣􀁯􀁾􀁩􀁤􀁥􀁲􀁥􀁤􀀠to be of the same general design and construction as the subject facility, even considering normal variations. The comparables, both those selected and older sales reviewed, do not appear to be overly sensitive as long as they are of the same general class. Age/Condition The subject improvements were constructed ±13 to ±18 years prior to the comparable sales. While the subject appears to have been renovated within the previous five to ten years, the subject is judged to be inferior in age and condition to Sale #1, which was operating at it's sale date. As Sales #2 and #3 were vacant at their sale dates, it is presumed that they exhibited some deterioration that comes with vacancy, but not to an extent which would off-set their age differential with the subject improvements. There follows an adjustment grid that sets forth the opinions of the percentage adjustments applicable to the comparable sales as discussed in the sales analysis and in the Comments and Adjustments paragraph of each of the sales previously presented. . . .. 􀀧􀁾􀁔􀀢􀀧􀀢􀀠....... .................. <. ','-,", ......􀁉􀁾􀁊􀁩􀁫􀁫..}/••·•··:.U··<-..•.•.••. ,,>?·.. ... 􀀮􀀮􀀮􀀮􀀮􀀮􀀬􀀮􀁾........ ,>.•.....•• ; 􀀧􀀬􀁾􀀾􀁵􀀺􀀬􀀺􀀬􀀺􀀺􀀬􀀺􀀺􀀭􀁟􀀼􀁜􀀧􀀺􀀻􀀺􀀬􀀠-:' :,:'::, ..􀁌􀂷􀂷􀀮􀀻􀁾􀀮􀀻􀀬􀀮􀂷􀂷􀀠􀁙 􀀺􀁊􀁾􀀠􀁾; ,--,-,.,-," .·..·.·.••··.··(-·.· .• ··.·.;i I·· ! Sales Price/SF $181.28 $178.03 $187.04 -0-0-0I • 'UP""' '1 Rights Adjustment I Auj 􀁵􀀮􀀬􀁾􀀠Sales Price/SF $181.28 $178.03 $187.04 -0-0-0'" Terms, .uju • .,uwm Cash 􀁾􀀮􀀠.1",nt Price/SF $181.28 $178.03 $187.04 ! Conditions of Sale A"· ,I -0-0-0AJ·· Price/SF $181.28 $178.03 $187.04 TimelMarket Conditions + 3% + 4% + 2% A Price/SF $186.72 $185.15 $190.78 .. 5%Location -0-0Construction and Design -0-0-0Age/Condition Adjustment -5% -2% -2% i Size 4, u -0-0-0i !Net Physical Adjustmenl Factor -10% -2% -2% $168.08Adjusted Price/SF $181.45 $186.96 Afler adjustments, comparable building sales indicate a value range of the subject from $168.08/SF to $186.96/SF. The average of the adjusted prices is $l78.83/SF. Because both Sales #2 and #3 are not major corner locations, and because they had been vacant for a relatively long time prior to their sale, they are judged to be most nearly comparable to the attributes of the subject property at the 31 present. An estimate of value reflecting the mid-range of Sales #2 and #3, as adjusted, is deemed to be appropriate for the subject property. This would equate to approximately $184.00/SF of improvement size. Therefore, Improvement Size Price/SF Indicated Market Value 3,550 SF x $184.00/SF = $653,200 Thus: ESTIMATED MARKET VALUE BY SALES COMPARISON APPROACH, $653,200 (±$184.otVSF) 32 RECONCllJATION For reasons previously stated within this report, the Sales Comparison Approach was utilized in estimating the Market Value of the subject site. The generic Income Approach was developed to test the reasonableness of the conclusions derived in the Cost Approach. Generally, the Cost Approach is much better utilized in estimating the value of new or proposed improvements. It is more difficult the judge the various levels of depreciation on improvements the age of the subject improvements. The Income Approach was only generically developed for the subject property. The subject property improvements have utility in the current market, and there is evidence that the subject improvements are capable of producing income and, hence, value as they currently exist. Typically, income producing properties are traded on their ability to produce income. The Sales Comparison Approach had adequate data available to support a reasonable value' conclusion. A summary of the value estimates derived for the Whole Whole Property are as follows; Sales Comparison Approach. Land: $346,449 Cost Approach: $635,000 Income Approach: (Generic information only) $623,300 Sales Comparison Approach· Improved: $653,200 The Sales Comparison Approach to Value is selected as the most reliable indicator of probable market value for the subject Whole Property. Therefore; , WHOLE PROPERTY, say $653,200 Note: As a complete physical inspection of the subject property was not peiformed, this estimate of market value should be considered as a "general estimate" only. Physical deterioration could adversely affect this estimate. As the proposed acquisition is well removed from the subject improvements, this situa/!on is not judged to adversely affect this valuation. Components of Value Main BId. $209,751 Signage 2,000 LandscapinglSprinlder Sys., etc. 25,000 PavinglParkinglWalkslDrives 70,000 Improvement; Total Contributory Value 306,751 Land Value 346.449 Total $653,200 33 PART TAKEN -VALUATION This Taking is of a Parkway Easement and is considered as a Partial Property acquisition. The Part Taken is considered a.<; severed land with no self-sustaining economic value. A plat of the subject showing the Part Taken is included in the Addendum of this report. This easement encompasses both the surface and subsurface use of the easement area. The use of this easement is for the location of utilities, installation of a pedestrian sidewalk, and for a landscaping buffer between the public road and this property. The ownership of this property is giving up surface and subsurface control of the easement area (lost property rights). The Town of Addison will be responsible for improving the surface of the easement area with a public use sidewalk and landscaping. The Town of Addison will be responsible for relocating public/private utilities from the Addison Road right-of-way into the easement area. The easement encompasses an area that the property owner previously had the responsibility responsibility for landscaping and maintaining. Subsequent to the acquisition, the Town has the responsibility for the maintenance of the easement area. The area of the easement does not affect any future development rights of the subject property. Set-back requirements will still extend from the subject property boundary, not the easement boundary. As there is no floor-area-ratio (EAR.) incorporated within the Town's zoning regulations, development density is not affected by the proposed easement. The easement encompasses the 20' landscape buffer required in the Town's landscaping regulations. The parkway easement 'Part Taken" consists of a strip of land approximately 20' wide, along the east side of the subject from north to south, generally parallel and adjacent, to the existing improved Addison Road right-of-way; a length of roughly ±161'. The land area within the proposed easement acquisition contains ±3,210,41 SF of site area. There is insufficient land area for independent use consideration, and there is not sufficient utility of shape to support an independent economic use of the area encompassed by the proposed parkway easement. Within the acquisition area are portions of grass ground cover, trees, shrubs, brick & stone landscaping accents, an ornamental mail box, partial sprinkler system, landscape lighting, landscape pond, and a pedestrian sidewalk. No other items of contributory value were noted within the acquisition area. From the Land Valuation section of this report, the estimated fee simple value of the subject site is $11.50 per square foot of land area. The value of the property rights extinguished in the easement area are estimated to be 50% of the fee simple interest, with the balance of the property rights remaining with the subject property owner. The Town of Addison will replace and maintain the landscaping and install a pedestrian sidewalk within the parkway easement area. As those items of landscaping and paving "taken" will be replaced, no compensation will be made for the landscape items within the parkway easement. To do so would result in double compensation; both paying for an item, plus replacing it. The contributory value of the extra-ordinary landscape items (stone!bricks, lighting, sprinkler system, mailbox, etc.) will require compensation. It is C1;timated that the contributory value of these extra-ordinary items represents approximately 20% of the total '1andscaping" estimate contained in the Whole Property value estimate. 34 Therefore, the estimated value of the parkway easement interest of the Part Taken is calculated as follows: Part Taken -Parkway Easement Land Area: 3,210.41 SF @$5.75/SF $18,460 (50% of $11.50/SF) Improvements: 20% of landscape 5,000 (items not replaced) Total $23,460 35 REMAINDER BEFORE THE TAKE· VALUATION The value of the Remainder Before the Take is valued on the same basis as the Whole Property valuation, reflecting the loss of the land area and improvements in the easement area (Part Taken). In circumstances of partial property acquisitions, wherein the Part Taken is considered as severed land with no independent economic utility apart from the Whole Property, the sum of the values of the Part Taken and the Remainder Before the Take should equal the value of the Whole Property. Technically, the value of the Remainder Before the Take should reflect the diminished property rights and the value of the improvements not replaced in the easement area. The value of the Remainder Before the Take is valued as follows: (Refer to Page 33 for a breakdown of the contributory value of the individual components of the subject property value.) Remainder Components Unit Value Component Land Area 26,915.59 SF • Fee 3,210.41 SF· Easement $11.50!SF $ 5.75/SF $309,529 18,460 Improvements Main Bid. Sign Landscaping, etc. Paving, walks, drives, etc. $209,751 2,000 20,000 70.000 Total $629,740 (Whole Property· $653,200 less Easement· $23,460 equals $629,740) 36 REMAINDER AFfER THE TAKE • VALUATION The Remainder After the Take is valued "as if' all of the public improvements are completed and in place. The Remainder After the Take is valued under the same guide Jines and definitions as the Whole Property. The size and shape of the Remainder site is sufficient for independent economic development. This remainder tract is 30,126 SF in size, the same as the Whole Property. From external appearances, the Remainder will be comparable to the Whole Property with the addition of a different landscape scheme. The in-ground utilities will not be apparent. The land sales, improved sales, the cost and income data utilized to estimate the value of the Whole Property site are judged to be the best data with which to value the Remainder After the Take. All analysis and conclusions remain the same as for the Whole Property evaluation. Basically, the Remainder After the Take is the original Whole Property with a :t20' wide parkway easement separating it from Addison Road. The underlying fee simple value of the property remains the same. The landscape buffer zone required of the subject is now the responsibility of the Town of Addison. As no future development rights, or current uses are limited by the parkway easement, the real estate market is not sensitive enough to detect any change in utility or value for the subject property. All of the major improvements are sufficiently removed from the acquisition area, so there is no impact on those improvements. Therefore, the estimated market value of the subject remainder with the parkway easement improved and in place (i.e., a :t30,126 SF site improved with a 3,550 SF restaurant facility and attendant site improvements), is the same as for the Whole Property. $653,200. 37 ESTIMATE OF JUST COMPENSATION As the proposed acquisition represents a Partial Property acquisition, the estimate of Just Compensation is the sum of the estimates of 1) the value of the Part Taken and 2) any damages estimated between tbe value of the Remainder Before the Take and the value of the Remainder After the Take. The values of the Remainder Before the Take and the Remainder After the Take indicate that enhancement occurs ar a direct result of the improvement/extension of the Addison Road parkway improvement. Remainder Before the Take $629,740 Remainder After the Take $653.200 Total ($ 23,460) A negative value indicates that enhancement arises; i.e., the Remainder is more valuable with the parkway easement in place, than the value of tbe lost property rights in the easement area. The previously derived estimate of value for the Part Taken also expresses tbe Estimate of Just Compensation. Therefore: ESTIMATE OF JUST COMPENSATION $23,460 38 APPRAISER'S CERTIFICATE The undersigned do hereby certify that, except as otherwise noted in the appraisal report: The statements of fact contained in this report are true and correct. The reported analyses. opinions and conclusions are limited only by the reported assumptions and limiting conditions, and are my personal, unbiased professional analyses, opinions, and conclusions. I have no present or prospective interest in the property that is the subject of this report, and I have no personal interest or bias with respect to the parties involved. I have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment. My engagement in this assignment was not contingent upon developing or reporting predetermined results. My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. My analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Uniform Standards of Professional Appraisal Practice. Mark A Hipes is currently certified under the Texas Appraiser Licensing and Certification board. I have made a personal inspection of the property that is the subject of this report. No one other chan signors provided significant professional assistance in the preparation of this report. The appraisal assignment was not based on a requested minimum valuation, a specific valuation, or approval of a loan. 􀁾􀁈􀁉􀁐􀁾􀁾􀀹􀁾􀀠Te:xas Certification No. TX-1321416-G 39 ADDENDUM Comparable Rental Data Assumptions & Limiting Conditions Photographs of the Subject Survey Legal Description Qualifications of Mark A. Hipes ASSUMPTIONS AND LIMITING CONDITIONS (Read Carefully) The following assumptions and limiting conditions are attached to and are made a part of this Appraisal (the "Appraisal") of the subject property (the "Property") described in this Appraisal ("Appraisal") made by Hipes & Associates (the "Appraiser") at the request of the person or entity (the Beneficiary") to whom and for whose exclusive use this Appraisal was prepared and delivered; and, tbis Appraisal is made by the Appraiser and accepted by the Beneficiary subject and strictly according to the within assumptions and limiting conditions: 1. That legal and equitable title to the Property is good and merchantable and that title is held by the owner ("Owner") of the Property in fee simple absolute forever, unless otherwise agreed by the Appraiser in writing. (No responsibility is assumed for matters legal or chance, nor is any opinion rendered as to the title to the Property. The possible existence of any disputes, suits, assessments, dairas, liens or encumbrances has been disregarded, and the Property is appraised as though free and clear.) 2. That no survey of the Property has heen made by the Appraiser and no responsibility is assumed in connection with any matters that may be disclosed by a current perfect survey of the Property. (Dimensioris and areas of the Property and comparables were obtained by various means including estimate and are not represented or guaranteed to be exact.) 3. That allocations of value between land and improvements are applied only under the current program of occupancy and utilization, and are not made or intended to be used in conjunction with any other appraisal and, if so used, are invalid. 4. That all information contained in this Appraisal is private and confidential and is submitted strictly for the sole use of the Beneficiary; and, no other person or entity is entitled to read, use or rely upon the contents thereof. (Possession of the Appraisal or any copy thereof, does not carry with it the right of publication or use. The Appraiser will not be required to give any testimony or appear in any court or other proceeding by reason of making or delivering the Appraisal without the prior written approval of the Appraiser.) 5. That all information and comments pertaining to the Property and other properties is the personal opinion of the Appraiser formed after examination and study of the Property and its surroundings; and, although it is believed that the information, estimates and analyses contained herein are correct, the Appraiser does not warrant or guarantee'them, and assumes no liability for errors in fact, analysis or judgement. (Any misinformation about the Property furnished to the Appraiser by the Beneficiary, at the option of the Appraiser, may release tbe Appraiser from any liability and invalidate the Appraisal.) 6. That all opinions of value contained in the Appraisal are merely estimates. (There is no warranty or guarantee, written or implied, made by the Appraiser that the Property is worth or will sell for the appraised value now or ever.) 7. That disclosure of the contents of this Appraisal is governed by the Uniform Standards of Professional Appraisal Practice, and that, in addition, neither all nor any part of the contents of this Appraisal (especially any conclusions of value, the identity of the Appraiser, shall be disseminated to the public through reports, proposals, brochures or any other means of communication without the prior written consent and approval of the Appraiser. BENEFICIARY WILL NOT CAUSE, SUFFER OR PERMIT ANY PUBUC DISSEMINATION OF TIllS APPRAISAL TO OCCUR AND, BY ACCEPTING TIllS APPRAISAL, BENEFICIARY INDEMNIFIES APPRAISER AGAINST ANY LOSS, COST, LIABILITY, DAMAGE OR CLAIM INCURRED WITHOUT REGARD TO FAULT BY APPRAISER ARISING IN CONNECTION WITH ANY SUCH UNAUTHORIZED DISCLOSURE BY BENEFICIARY. 8. ,.That there are no latent defects or any hidden or any unapparent conditions of the Property, subsoil, or structures which would render the Property more or less valuable. (No responsibility is accepted or assumed by Appraiser for any such conditions or for analyses or engineering which may be required to discover them.) 9. That no environmental impact or environmental condition studies were either requested or made in conjunction with this Appraisal unless otherwise agreed by Appraiser in writing and shown in the Appraisal and the Appraiser hereby reserves the right to alter, amend, revise or rescind any of the value opinions included in this Appraisal based upon any subsequent environmental impact or environmental condition studies, research, revelation or investigation. (In particular, unless otherwise agreed by Appraiser in writing, and shown in this Appraisal, this Appraisal/Appraiser assumes that no violations of any environmental, or other, laws affecting the Property are pending or threatened against the Property and that no toxic waste, hazardous materials or dangerous substances have ever been stored, used, produced, maintained, dumped or located on or about the Property.) 10. That the value of the Property is estimated on the basis that there will be no international or domestic political, economic, or other adverse conditions or any military or other conflicts including strikes and civil disorders that will seriously affect overall real estate values. 11. That Beneficiary understands that the real estate values are influenced by a large number of external factors, that the data contained in the Appraisal is all of the data that Appraiser considered necessary to support the value estimate and that the Appraiser has not knowingly withheld any pertinent facts; and, Beneficiary has been advised and agrees that the Appraisal does not warran:, represent or guarantee that Appraiser has knowledge or appreciation of all factors which m!ght inOuence the value of the Property. 12. That due to the rapid changes in external factors affecting the value of the Property, Appraiser's value conclusions are considered reliable only as of the date of the Appraisal. 13. That on all appraisals made subject to satisfactory construction, repairs, or alterations of improvements, the Appraisal and value conclusions are contingent upon completion of such work on the improvements in a good and workmanlike manner, without dispute, per plans, in code, as agreed and within a reasonable period of time. 14. That the value estimate of the Property assumes financially and otherwise responsible ownership and competent management of the Property. 15. That the Appraisal consists of trade secrets and commercial or financial information which is privileged and confidential and exempted from disclosure under 5 V.S.c. 533 (b) (4). (please notify Hipes and Associates of any request for any reproductions of this Appraisal.) 16. That accurate.estimates of costs to cure deferred maintenance are difficult to make or assess and that many different approaches or arrangements can be attempted or applied in various ways. (Any estimates provided within this Appraisal represent reasonably probably costs given current market conditions, available information and the Appraiser's expertise. Further deferred maintenance affecting the Property is considered to be limited to only those items, if any specified in detail, in the Property section of this Appraisal. 17. That the existence of potentially hazardous materials used in the construction or maintenance of the Property such as urea-formaldehyde foam insulation, asbestos in any form, and/or other dangerous substances or materials on the Property, has not been considered, unless otherwise shown in the Appraisal. (The Appraiser is not qualified to detect such material or substances and it is the responsibility of the Beneficiary to retain an expert in this field, if desired.) 18. That the liability of the Appraiser and its officer, directors and employees, agents, attorneys and shareholders is limited to the fee collected for preparation of the Appraisal. (Appraiser has no accountability or liability to any third party, except as otherwise agreed in writing by Appraiser and such other party.) 19. That any projected potential gross income of the Property referred to in the Appraisal may be based on lease summaries provided by the Beneficiary, Owner or third parties and Appraiser has not reviewed lease documents and assumes no responsibility for the authenticity, accuracy or completeness of lease information provided by others. (Appraiser suggests that legal advice be obtained regarding the interpretation of the lease provisions and contractual rights of parties under Leases.) 20. That Beneficiary and any party entitled to read this report will consider the Appraisal as only one factor together with many others including its own independent investment considerations and underwriting criteria or other observations, concerns or parameters in formulating its overall investment or operating decision. In particular, Appraiser assumes that the Beneficiary has made/obtained, relied upon and approved the following, none of which was furnished by Appraiser unless otherwise agreed by Appraiser in writing, to wit: a. curren t survey of the Property showing boundary, roads, flood plains, utilities, encroachments, easements, etc.; b. current title report of the Property with legible copies of all exceptions to title; c. any needed soil tests, engineer's reports and legal and other expert opinions; d. abstract or other report of environmental conditions or hazards affection the Property; e. current visual inspection of the Property and adequate study of its use, occupancy, history, condition and fitness for the purpose of underlying Beneficiary's request for this Appraisal; f. copies of current insurance policy, tax statements, contracts, leases and notices affecting the Property; g. any needed estoppel certificates of tenants, mortgagee's or others claiming any interest in the Property; h. reports/opinions of Beneficiary's staff, contacts, agents and associates; and i. Owner's experience with the Property. 21. That Appraiser's projections of income and expenses are not predictions of the future; rather, they are the Appraiser's best estimates of current market thinking about future income and expenses. (The Appraiser makes no warranty or guaranty that Appraiser's projections wilJ succeed or materialize. The real estate market is constantly fluctuating and changing. It is not the Appraiser's task to predict or in any way forecast the conditions of a future real estate market; the Appraiser can only reflect, without warranty what the investment community, as of the date of the Appraisal, envisions for a particular time without assurances in terms of rental rates, expenses, capital, labor, supply, demand, ecology, etc.) 22. The Americans with Disabilities Act ("ADA") became effective January 26, 1992. I (we) have not made a specific compliance survey and analysis of this Property to determine whether or not it is in conformity with the various detailed requirements of the ADA It is possible that a compliance survey of the Property, together with a detailed analysis of the requirements of the ADA, could reveal that the Property is not in compliance with one or more of the requirements of the Act. Ifso, this fact could have a negative effect upon the value of the property. Since I (we) have no direct evidence relating to this issue, I (we) did not consider possible non-compliance with the requirements ofADA in estimating the value of the Property. Special Note: This may not be adequate if "readily achievable" barrier removal items are obvious and should have been identified. SUBJECf PHOTOGRAPHS View of proposed Parkway Easement, looking north along Addison Road. -View of proposed Parkway Easement, looking south along Addison Road. SUBJECf PHOTOGRAPHS View of the front of the subject property (east side), looking ±west from Addison Road. View of the back of the property, looking from the ±southwest to the ±northeast. SUBJECf PHOTOGRAPHS View north along Addison Road from the subject property. View south along Addison Road from the subject property. 1123102 TOWN OF ADDISON, TEXAS FIELD NOTE DESCRIPTIQN . FOR THE FILLING STATION OF ADDISON, INC. (pARKWAY EASEMENT) BEING a tract out of a 1.00 acre tract of land located in the Edward Cook Survey, Abstract No. 326, in the Town ofAddison, Dallas County, Texas, conveyed to The Filling Station of Addison, Inc., by a deed now of record in Volume 94100, Page 05577, of the Deed Records of Dallas County, Texas, said tract ofland being more particularly described as follows: BEGINNING at a point for a comer, said point being the southeast comer of said 1.00 acre tract and the northeast comer ofa 0.774 acre tract ofland conveyed to James E. Sauls, by a deed now ofrecord in Volume 77153, Page 01028, of the Deed Records of Dallas County, Texas, and being in the west right-of-way line of Addison Road, (generally a 60 foot right-of-way and generally 30 foot to the center line), said point also being N 3° 47'01" E, 149.58 feet from a found 1/2 iron rod in the south line ofsaid 0.774 acre tract and also being the northeast comer of a 1.0289 acre tract of land conveyed to Gartner-Plano Company, by a deed now of record in Volume 91248, Page 03622, ofthe Deed Records ofDallas County, Texas; TIlENCE, N 89" 49'29" W, along the south line of said 1.00 acre tract, and along the north line of said 0.774 acre mict for a distance of20.00 feet to a point for comer; TIlENCE, N 00· 13 '00" E for a distance of 160.45 feet to a point for comer, said point being in the north line of said 1.00 acre tract and in the south line ofa 1.295 acre tract ofland conveyed to Samhuca Partners Limited Partnership II, L. P., by a deed now of record in Volume 94100, Page 05581, of the Deed Records of Dallas County, Texas; TIlENCE, N 89· 45'01" W along the north line of said 1.00 acre tract and the south line of said 1.295 acre tract, a distance of20.00 feet to a point for comer, said point being the northeast comer ofsaid 1.00 acre tract, the southeast comer of said 1.295 acre tract and being in the west right-of-way line of said Addison Road, said point point also being S O· 00'58" E, 354.02 feet from a found "X" in concrete and being the southeast comer ofa 0.0331 acre tract of land conveyed to Oasis Car Wash, Inc. by a deed now of record in Volume 97234, Page 06238 of the Deed Records of Dallas County, Texas and also in the Addison Car Care Addition, an addition to the Town of Addison, Dallas County, Texas as recorded in Volume 87111, Page 0286 of the Map Records of Dallas County, Texas; TIlENCE,S 00" 13'00" W along the east line of said 1.00 acre tract and the west right-of-way line of said Addison Road, a distance of 160.59 feet to the Point of Beginning and containing 3,210.41 square feet (0.073 acres) ofland. --􀁗􀁉􀀧􀁏􀁃􀁓􀁁􀁾􀀠I 􀁾􀀮􀀠SAUlS JAMES E VOL 77153, PG. 1028 N 89'49'2920.00' PROPOSED __ PARKWAY EASEMENTI I SAMBUCA PARTNERS VOL 94100, IRF 􀁾􀀡􀁾􀁾􀂷􀀲􀀮􀀱􀀢􀂣􀀠ADDISON -_ 􀀮􀀧􀁦􀀮􀀢􀂷􀀮􀀧􀀮􀀻􀀧� �􀀧􀁾􀀺􀁦􀁾􀀿􀁬􀀾􀀠"X"IN CONC., __􀀬􀀬􀀬􀀬􀀬􀀭􀁾􀀭􀀺􀀮􀀮􀀢􀀬􀀬􀀬􀀭􀁾􀀭􀀢􀀺􀀠e. d 􀂣􀀮􀁲􀀮􀀻􀀢􀁜􀁾􀀺􀀮􀁾􀀺􀀮􀁦􀀻􀀧􀀻􀀧􀀺􀁓􀂷􀁾􀁾􀀺􀀾􀂷􀂷􀀺􀁾􀀺􀁊􀁡􀀠-, 􀀯􀀮􀁾􀀮􀀢􀀠􀀢􀀧􀀮􀁶􀁾􀂷􀀮􀀠􀁾􀀭􀁣􀁴􀁐􀁾􀀠JII/./. 􀁚􀁾􀁾􀀠• i>ll 􀁾􀁜􀀮􀀮􀁜􀁬􀀮􀁏􀀠--tl\l'I3/4" tR.r. 􀁾􀁾􀁴􀁓􀀧.------􀀭􀁾􀁾􀀺􀁉􀀺􀀺􀀽􀀷􀁛(j.l\5':P _ -I S,· \J 5/8" I.R.F. ...___.-..cI rWI'DCSA--SCAlE:1"':;;;60' r-----I in 􀁾􀀠r--.EDWARD COOK SURVEY􀁾􀀭􀀢􀀧􀀭􀀵􀀯􀀸􀀧I.R.f. 1/--ASST. NO. 326 II 1-1-...-----. \ THE FILLING STATION ---: OF ADDISON. INC. ADDISON CAR CARE 􀁁􀁄􀁄􀁉􀁾􀁏􀁎􀀠I I I I I1:l VOL. 94100, PG. 5577 VOL 87111, PC. 0286 I I I I ~I Lor I. BLOCK 1 I I I 5/8" I.R.F. I 'AS1S CAR WASH. INC. I I I II, LP. I VOL 97234, PG.PC. 5581 LOT 2. BLOCK 1 I I I I I I I I I I II OASIS CAR WASH. INC.I I I j¥OL 97234, PG. TRACTIII I I 1ft IRr \lJ : 􀁊􀁬􀁾􀀭􀁌􀁊􀀮􀁉􀀠s s 􀁏􀁏􀀧􀁯􀁯􀁾-354.02' ROAD (REfERENCE BEAAlNG) 􀀬􀁾􀁾􀁾􀁾􀁾􀁾􀁾􀀠l/Z" IRF, TOWN OF A""'...."'.. 􀀮􀀬􀀮􀀬􀀮􀀮􀀮􀀢􀀮􀁾'-� �􀁉􀀭􀀭􀀧􀀭􀀧􀀽􀀭􀀽􀁾􀁾􀀢􀀧􀀺􀀢􀁉􀀢􀀠BElT LINE 􀁒􀁾􀁏􀁩􀁾􀁏􀁾􀁅􀁾􀁾􀀺􀁾􀀠SPRINGS RD. MARK A. HIPES Qualifications Location of Office 7557 Rambler Road, Suite 260, LB 25, Dallas, Texas 75231 Education Southern Methodist University • Bachelor of Business Administration -Quantitative Analysis • Master of Business Administration -Finance Texas Real Estate Broker License -License No. 388907-26 Texas State Certified General Real Estate Appraiser -License No. TX-1321416-G Appraisal Courses, Seminars American Institute of Real Estate Appraisers • Course Ila • Case Studies in Real Estate Valuation • Course lIb -Valuation Analysis & Report Writing Society of Real Estate Appraisers • Course 101 • Principals of Real Estate Appraisal * Course 201 -Income Property Valuation * Course R2 -Report Writing Standards of Professional Practice Various Seminars on Valuation & Litigation Experience 02/87 to Present Hipes & Associates Independent Real Estate Appraiser 03n9 to 02/87 Dallas County Department of Public Works Eminent Domain Appraiser Self Employed Financial Analysis/Real Estate Analysis Types of Properties Ap-praised Regional Malll. Industrial/Manufacturing Automobile Dealerships Shopping Centers Apartments Hospitals Office Farms/Ranches Railroads Office/Warehouses Proposed Developments Churches Service Stations Educational Facilities Airports All types of ccmmercial/industrial properties and a variety of special use properties. Extensive work in Eminent Domain & other forms of litigation valuation Qualified as an ''Expert Witness" in County, District, & Federal Courts