U.. Postal erVlce", .0 .... 􀁾􀀠ru CERTIFIED MAIL .... RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) PS Form 3600, June 2002 See Reverse lor Instructions I 1 I I i -I
1 
DATE SUBMfl"l'ED: September 16,2003 FOR COUNCIL MEETING: September 23, 2003 Council Agenda Item: SUMMARY: This item is for consideration and approval of a resolution approving the purchase
of an easement in a 0.068 acre tract ofland generally located at 15107 Addison Road for Permanent Right-of-Way; approving an easement agreement for said purchase; and providing an effective
date. FINANCIAL IMPACT: Budgeted Amount: N/A Easement Offer: $34,338.13 Source ofFunds: $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 prQcess is currently underway on the proposed Addison Road Widening, Phase 1project. Approximately 0.068 acre ofParkway Easement
adjacent to the proposed widening ofAddison Road is required fur the purpose ofconstructing landscaping, irrigation, and sidewalk improvements. This parcel is currently owned by Siavish
Jabani, et al, and the site is operated as Cafe Capri. The property owner previously received a copy ofthe appraisal from the Town, with a total compensation value of$24,968.oo. In January
2003, the Town made an offer of $29,850 to the owner for the Parkway Easement. In a letter, dated February 6, 2003, the property owner forwarded a counter offer response to the Town,
in the amount of $34,338.13 (see attached letter). An easement agreement (see attached) was prepared, and included the $34,338.13 value and addressed other items that were listed in
the property owners counter offer response. . RECOMMENDATION: It is recommended that the Council approve a resolution that approves an easement agreement for the purchase ofa parkway
easement from Siavish Jahani, et al, in the amount 0[$34,338.13, in a 0.068 acre tract ofland generally located at 15107 Addison Road 
TOWN OF ADDISON, TEXAS RESOLUTION NO. R.____ A RESOLUTON OF THE CI1Y COUNCIL OF THE TOWN OF ADDISON, TEXAS, APPROVING THE PURCHASE OF AN EASEMENT IN A 0.068 ACRE TRACT OF LAND GENERALLY
WCATED AT 15107 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 0.068 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 of Addison for $34,338.13; 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 incorporated herein; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCn. OF THE TOWN OF ADDISON,
TEXAS: Section 1. That the City Council has determined that $34,338.13 is reasonable compensation for the easement, as described in the above premises, to be acquired and all damages,
if any, to the property remaining, and does hereby anthorize the City Manager to acquire the easement in, over, under and through the 0.068 acre tract ofland (as described in the attached
Exhibit A to the Easement Agreement attached hereto and incorporated herein, and located generally at 15107 AddisOJl Road) for permanent right-of-way for the expansion of Addison Road.
Section 2. That the City Council does hereby approve the Easement Agreement attached hereto regarding the purchase ofthe easement described in Section 1 above, and hereby authorizes
the City Manager to enter into said Agreement and take such nther and further action as may be necessary to acquire the said easement. Section 3. That the City Fioance Director be and
is hereby authorized to distribute funds by wire transfer or otherwise in favor ofSiavish Jahani or the current owner(s) of record, in the amount ofS34,338.13, and for such other incidental
costs as may be necessary to complete the transaction to acquire the Property. OFFICE OF THE CITY SECRETARY RESOLUTION NO, ____ Page loU 
Section 4. That this Resolution shall take effect immediately from and after its passage. PASSED AND APPROVED by the City Council of the Town of Addison, Texas this 23rd day of September,
2003. R Scott Wheeler, Mayor ATTEST: Carmen Moran, City Secretary APROVED AS TO FORM: Ken C. Dippel, City Attorney OFFICE OF THE CITY SECRETARY BESOLUTIONNO. ____ Page2of2 
'v Fax" FEB 2003 􀁬􀀱􀁾􀁏􀁓􀀠Fax Stabon: Totm OF AODiSON . 3 FEB-10-2003 11:27 COWLES & THOMPSON 2146722020 P.03/04 2-e7-20aS 5:35PM F"I<OM ,OWN OF ADDISCN 5172 450 713<1;3 1",2 􀁾􀁾􀁾􀀬􀀠'"
HU i'1.Hfl" i , " ! i , Mr. Ron v.:hltehead City 􀁍􀁡􀁮􀁡􀁾􀁣􀁲􀀠Town ofAddison P.O. Box 0010 Addison. ix7liOOH01 0 ! In Re: ! caf. capri Mel Si'alli$h Jllhaoi i Dear Mr. Whlleheed:
PUl8IIlInt16 )'QUr wmmunlcalions WIth Mr. Jal'utnUn 5epteII'Ger and Novemberof 2002 and your I8tter dated JI!IfIl.I!II')' 30. 2003 and our ViI*Ius 1eIel!hoilO <;3IW!!I:ti8IIorlI, Mr;
JUhan! de,im Ihell b'ltnemlt 10 you 􀁾follawlH9 JIIOpo&al; 1.' I Value orthe p!T'4:XlSId.􀁾for 10m imprwemants In1ho ClIy of Addia:m . slioilld b9 slated at 􀁓􀁓􀀴􀁾􀀮􀀱S.· . '. , "
2. The Cill' and the Cily'$ ca$acti)ftl-at8 􀁾to. 􀁾• proper grade at !he..tevd WQ #le."..nt paltdnglot kMllfllr itlON" and 8g1'&ll8 'of fi'/lployeH end 􀁾􀀧􀁯􀁦cet6 t:iap1. .' 3. Landscapi"ng
llhaII be 􀁾upot"fCom)rI8IIQn'to enstn 􀁾of' Cafe Capri's ISignsllO!e1r at U. 􀁾__ cf the CiltwllhapproveI by Cart Capri. . 4. The Cafe Capri sign .halI be relocali&d 10 .".frtInt of
the prcpel1y till . location and Placementwilli apptOVal bY cart Caprt arxllf9htln9 to alloW lICl,qllUtv viewing and notlOlJ 1110 passingcus'iometll, cIkIllfeIII, and 􀁾􀁾􀁜􀁉􀀸􀁴􀀮􀁏􀁭􀁉􀁉􀁲􀁳􀀠and.
,c1ien1ele !!Olely .!It !he expeflSC of II\\'!,Clly 'WI!J\ the approviitofcat. Cajirl. O. TIlv City ..,l1li be 􀀱􀀧􀀸􀁾lor Ibe 􀁾􀁡􀁮􀁤relnatallatlOl'l of aD of the 􀁯􀁾lights, 􀁾􀁡􀁮􀁤􀁉􀁾soIGIy
lilt !he expern;e oft!18 City wilh 􀁾􀁶􀁡􀁉of Caf1)' Capri. '8. TIl. CIt)' 􀁾􀁢􀁥􀁦􀁉􀁉􀁾􀁊􀁯􀁦􀁾􀀮􀀸􀀬􀁮􀁤􀁾􀁯􀁦􀁬􀁬􀁬􀁾􀀠Ughlll and an omamfmaJ 􀁾􀁾􀁾􀀧al1he (mJ1I: dille prgperly.

v 􀁾􀀠X' F 10 2003 􀁾􀀠5 Fax $t tlon 􀁾􀀠TOWij OF ADDISON _ 4 FEB-10-2003 11:27 COWLES & THOMPSON 2146722020 P,04/04 p,:. " FROM TOWN OF ADD! SON 972 .iSa 7lild.3 NOSSER NAllERS PllC
ll'VIIS No,8m 􀁾􀀬􀀠2 CIIJ,i I i I ' I I ! I , I I, TOTAL P,04 
EASEMENT AGREEMENT This Agreement is made and entered into by and between Siavish Jahani and the Town of Addison, Texas (the "Town"). WIT N E SSE T H: WHEREAS, Grantor owns 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 and rightof-way in, over, across, upon, under and through the Easement Property for a parkway 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, Siavish Jahani and the Town ofAddison agree as follows: 1. Grant of 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 Four Thousand Three Hundred Thirty-Eight and 131100 dollars ($34,338.13), 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. 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, Of 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
PARKWAY EASEMENT fc.r, Capri} _ '_lit J 1'.>,xulN!flu· 􀀱􀀰􀀴􀁾􀀱􀀹􀀶􀀠
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 parties, 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, fences, 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 parts 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, Ills successors and assigns, may fully use and enj oy 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. Landscaping & Irrigation. All landscaping and irrigation to be placed within the Easement Property shall be installed by and at the expense of the Town. Existing landscaping on the
Easement Property or the Remainder that does not conform to the overall landscape plan for the Addison Road corridor may be removed by and at the expense of the Town. Grantor may review
and make comments to the landscape plan for Grantee's consideration. 5. Light Relocation. Any existing omamentallights to be relocated because ofor in connection with rights granted
to or work performed by the Town under this Agreement shall be relocated by the Town at its sole cost and expense. 6. Drive Approaches. The two existing drive approaches located on the
Easement Property and fronting Addison Road shall be reconstructed and properly graded by the Town at its soIe cost and expense. 7. 􀁾􀀮􀀠The Town may remove and replace any public signs
or install any new public signs on the Easement Property. The Town shall remove one private pole sign located on the Easement Property and shall install one new private sign on the Easement
Property. Such sign. which shall be provided and paid for by Grantor, must comply with all applicable law. The exact location of this private sign shall be mutually determined by the
Town and Grantor. During its installation of the sign, the Town shall install electrical connections for the sign. Grantor shall be solely responsible for monthly electric bills and
any other costs associated with the operation ofthe sign. Landscaping on the Easement Property shall be maintained by the Town in a manner that will not obstruct visibility ofthe sign
from the adjacetit roadway. 8. Access. Construction shall be conducted in a manner that will maintain or provide at least one point of access to Addison Road from the Remainder at all
times during PARKWAY EASEMENT {Caft C.pri, -PAte 1 00i:1llnet!1_· 104'196 
construction. This access point must be reasonably graded to allow adequate access to the Remainder by employees and patrons. 9. Warrantv 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 himself, his 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. 10. 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. 11. Governini 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 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. 12. Entire Aireement. This Agreement contains the entire agreement between the parties relating to its subject matter. Any oral representations
or modifications conceming this Agreement shall be of no force and effect. Any subsequent amendment or modification must be in writing and agreed to by both parties. 13. Autbority. The
undersigned parties or officers and/or agents of the parties hereto are properly authorized and have the necessary authority to execute this Agreement, and each of the undersigned 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. 14. Bindini Effect. This Agreement
shall bind and inure to the benefit of the respective parties, their personal representatives, successors, and assigns. GRANTOR: Executed this : ;=/f-day 􀁯􀁦􀁟􀁾􀁟􀁨􀁟􀀮􀁙􀀧􀀢􀁟􀀺􀁟􀀮:_"_c·j__->,
2003 Sf ""􀀬􀀬􀀼􀀭􀁾􀁾􀁴􀀧􀀾􀀭􀀮􀀮􀀠Siavisb Jabani TOWN OF ADDISON Executed this __day of_______, 2003 By: Ron Whitebead, City Manager Town of Addison l"AAK\I{AY EASEMENT (C.ftC.prl)-P.;e
3 􀁄􀁯􀁣􀁾􀁉􀁉􀁴􀂷􀀠1045196 
STATE OF TEXAS § COUNTY OF DALLAS § BEFORE ME, the undersigned notary public in and for said county and state, on this 􀀢􀁾􀀠", day of 􀀢􀁾􀀠n', (. ", , 2003, personally appeared Siavish
Jahani 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 band and seal ofoffice the
day and year last above 'lVritten. ." Notary Public in and for the State ofTexas MY COMMISSION EXPIRES: (SEAL1 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 instnunent, 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 'lVritten. Notary Public in and for the State ofTexas MY COMMISSION EXPIRES: ( SEAL1 PARKWAY EASEMENT (CaU
C.prJ)-'llt" 􀁾􀀱􀀱􀀱􀀻􀀱􀁃􀀴􀀡􀁬􀀱􀀥􀀠
EXHIBIT A 1,'::3/0:: TOWN OF ADDISON, TEXAS FIELD NOTE DESCRIPTION FOR JAMES E. SAULS (pARKWAY EASEMENT) BEING a tract out of a 0.774 acre tract of land located in the Edward Cook Survey,
Abstract No. 326, in the Town of Addison, Dallas County, Texas, conveyed to James E. Sauls, by a deed now of record in Volume 77153, Page 01028, of the Deed Records of Dallas County,
Texas, said tract ofland being more particularly descnoed as follows: BEGINNING at a point for a comer, said point being the northeast comer of said 0.774 acre tract and the southeast
comer of a 1.00 acre tract of land conveyed to The Filling Station ofAddison, Inc., by a deed now of record in Volume 94100, Page 05577, 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 77" 25'12" E, 339.90 feet
from a found 3/4 iron rod in the west right-of-way of St Louis Southwestern Railroad, (generally a 100 foot right-of-way); THENCE, Due South, along the east line of said 0.774 acre tract,
and along the west right-of-way line of said Addison Road, a distance of 149.29 feet to a point for comer, said point being the southeast comer of said 0.774 acre tract; THENCE, S 89·
43'30" W along the south line of said 0.774 acre tract, a distance of 8.64 feet to a found 112 inch iron rod indicating 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 of Dallas County, Texas, and continuing S 89° 43 '30" W along the south line of said 0.774
acre tract and along the north line of said 1.0289 acre tract for a Total Distance of 20.00 feet to a point for comer; THENCE, Due North for a distance of 149.29 feet to a point for
comer, said point being in the north line of said 0.774 acre tract and in the south line ofsaid 1.00 acre tract; THENCE, N 89° 43'30" E along north line ofsaid 0.774 acre and in the
south line of said said 1.00 acre tract for a distance of 20.00 feet to the Point ofBeginning and containing 2,985.75 square feet (0.068 acres) ofland. 
0.068 ACRES 􀀺􀀺􀀺􀀺􀀺􀀮􀀮􀀭􀁾􀀠---<Xl '" 5/8"I.R.F. 􀁾􀀧􀁾􀁊􀀯􀀴􀀧􀀠I.R.F. rWf'OC$A 􀀭􀀭􀁾􀀠,, I I I . ""'-5/8" I.R.F. I \ \ \ .....c:'-==">',-1.I'L.__􀁾􀁾􀁟􀀮􀀭􀀮􀁾􀁜􀀠SCALE: 1 "=50'
-I -Z I, 􀁾􀁾􀁜􀀠􀁾􀁾􀁴􀀠IT! l1'.. , 􀁾􀁾􀀠,t"! t-3 1 Z " 􀁾􀁲􀁮􀀠\. cD \ \ "-THE FILLING STATION OF ADDISON, INC,􀁾􀁾􀁜􀀠tt VOl. 94100, PG. 5577 .eg"-, "Z\f', I I I \,GARTNER-PLANO
COMPANY VOL 91248. PG. 3622 I IEDWARD'COOK SURVEY I 5/S'I.R.FjI IIf\ ABST. NO. 326 I W/'OCSAI JAMES E. SAULS I \,VOL 77153. PG. 1028 I,, " I,,PROPOSED 20' I I \,,, PARKWAY EASEMENT NORTH
-149.2.9' 1/2' 􀁉􀀮􀁒􀀮􀁆􀀮􀁾􀀠 . b N 89'43'30' E 2.0.00' .I ______ 􀀭􀀭􀀭􀁾􀀭􀀭􀀮􀀭􀀭􀀭􀀭􀁓􀀭􀀸􀀭􀀹􀀺􀀮􀁾􀀻􀀮􀁏􀂷􀀠W􀁾􀁬􀁌􀁾􀁌􀀮􀀮􀀮􀂷􀁟􀁣􀀺􀁜􀁪􀀺􀀺􀀺􀁌􀂷􀀬􀀭􀀬􀂷􀁾􀁓􀁾􀁏􀀻􀀻􀁕􀀻􀀺􀀧􀀻􀁾􀁩􀀭􀀺􀀭􀀻􀀺
􀀻􀀱􀀴􀁾􀀹􀀺􀀷􀀼􀀲􀁾􀁲􀀮􀀭􀂷􀀭􀁜􀀭􀀭􀀭􀀽􀁾􀀪􀀮􀁾􀁾􀁾􀀭􀁾􀁐􀀽􀁏􀁉􀀭􀁎􀀭􀁔􀀭􀁏􀁆-------ADDISON ROAD § 5 􀀸􀀹􀁾􀁾􀁾􀀹􀀧􀀠w , __􀀭􀀺􀀭􀁾􀀫􀀺􀀠__􀁂􀁟􀁅􀁟􀁇􀁉􀁎􀁎􀁉􀁾􀁎􀁾􀁇􀁾______􀁾􀁾􀀭􀀺􀀭􀀽􀀧􀀺􀀺􀀧􀀺􀀧�
�􀀺􀀺􀀭􀀺􀀺􀁾􀀭􀀺􀀻􀁾􀀻􀀻􀁾􀁉􀀢􀀱􀀱􀁟􀀭􀀺􀀺􀀺􀀺􀀺􀀻􀀺􀁾􀁾􀀢􀀢􀀢􀀠􀀾􀁾􀀠􀀠􀁾􀀠TOWN OF ADDISON, TEXAS 2,985.75 Sf). FT. ADDISON ROAD ______􀁾___________ -BELT LINE RD. TO KELLER SPRINGS
RD. r -PARKWAY EASEMENT ____._. EXHIBITS --TjNt. 2U02BIRKHOfr. HENDRICKS 􀀡􀀬􀀺􀀮􀁾􀀡􀁊􀀧􀁬􀁗􀁁􀁙􀀮􀀠I J 􀀮􀁲􀀮􀁾􀁟􀁵􀀮􀀠___... _ , r ......"',-·', 􀁾􀀮􀀬
SEP-1S-2003 15:43 COWLES & THOMPSON 2145722020 P.01/10 COWLES &THOMPSON A ProhUlonal Ccrporation 􀁁􀁔􀁔􀁏􀁒􀁾􀂣􀁙􀁓􀀠􀁁􀁾􀁐􀀠COUNSELORS FACSIMILE COVER PAGE Time: ______Date: September
15. 2003 Total Number of Pages (including this sheet): I () Normal/Rush: Nonnal ClienUMatter #: 3305/62147 TO: (1) Slave Chutchilln FAX: 972.450.2837 PHONE: FROM: Angela K. Washington
Direct Dial ft.: (214) 672-2144 MESSAGE: RE: Parcel 1 (Cafe Capri), Addison Extension Of Road Project IF YOU HAVE ANY PROBLEMS WITH THIS TRANSMISSION, PLEASE CALL Yolanda Rodriguez at
(214) 672-2629 Thank you. IMPORTANTlCONFIDENTlAL: This message Is inlended 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, confidenUal. and exempt from disclosure under applicable law. If the reader of this message is not the inlended recipient or
the employee, or agent responsible for delivering the message to the intended reCipient, you are hereby notified thai any dissemination, distnbuUon, or copying of this communication
is striclly prohibited. If you have received this communication in error, please nolily us immediately at our telephone number (214)672-2000. We will be happy to arrange for the return
of this message 10 us. via the United States Postal Service, at no cost to you. ,., MAIN $"UT 'ulTE 4000 DAHU, tEUS " ..z·"., DALLAS T Y L £ R TEL ZJ ••• 􀀱􀁚􀀬􀁾􀁏􀁏􀁏􀀠FAX 2-14.'72.1020
WWW.COWLESTMOMPSO •• COM 
SEP-1S-2003 15: 43 COWLES & THOMPSON 2146722020 P.02/10 COWLES &THOMPSON A Pro(esslonal Corporaijoll ATTORNEVS AND COUNSELORS ANGi!U. t<. WASHINGTON 114.117.1144 AWASHIHGTONCCOWU!4'fHOMPSON.COM
September 15, 2003 VIA FACSIMILE (972) 450-1Sn Mr. Steve Chutohian Assistant City Engineer Town ofAddison -Service Center P.O. Box 9010 Addison, TX 75001·9010 RE: Parcell (Cafe CaprO,
Addlsoll Extension of Road Project Dear Steve: As we discussed, attached is a Resolution approving the purchase and agreement for the above-referenced property. The attachment to the
Resolution, the Easement Agreement, is also attached. Once approved by the Council, I will provide the original document for execution by the city manager. Ifyou have any questions or
concerns, please give me a call. Sincerely, 􀁾􀁊􀀨􀁾􀀭􀀭Angela K. Washington AKW/yjr Attachments c(w/o Enolosure): Mr. Kenneth C. Dippel, w/firm 901 MAIN STREET SVnE 4000 DALLAS, TE)(A$
15202·3793 D A l t. A S T Y L E R TEL 214.b7i.UOO tAK 214.612.;3020 􀁾􀁃􀁉􀁜􀁉f: 1010111 WWW.COWlESTHOM'50N.ttlM 
SEP-15-2003 15:43 COWLES & THOMPSON 2146722020 P.03/10 TOWN OF ADDISON, TEXAS RESOLUTION NO. R'--___ A RESOLUTON OF THE CITY COUNCIL OF THE TOWN OF ADDISON, TEXAS, APPROVING THE PURCHASE
OF AN EASEMENT IN A 0.068 ACRE TRACT OF LAND GENERALLY LOCATED AT 15107 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 0.068 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 of Addison for $34,338.13; 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 $34,338.13 is reasonable compensation for the easement, as described in the above
premises, to be acquired and all damages, jf any, to the property remaining. and does hereby authorize the City Manager to acquire the easement in, over, under and through the 0.068
acre tract of lalld (as described in the attached Exhibit A to the Easement Agreement attached hereto and incorporated herein, and located generally at 15107 Addison Road) for permanent
right-or-way for the expansion of Addison Road. Section 2. That the Cily Council does hereby approve the Easement Agreement attached hereto regarding the purchase ofthe easement described
in Section I above, and hereby authorizes the City Manager to enter into said Agreement and take such other and further action as may be necessary to acquire the said easement. Section
Section :I. That the City Finance Director be and is hereby authorized to distribute funds by wire transfer or otherwise in favor of Siavish Jahani or the current owner(s) of record,
in the amount of $34,338.13, and for such other incidental costs as may be necessary to complete the transaction to acquire the Property. OFFICE OF THE CITY SECRETARY RESOLUTION NO.
____ Page Ion 
􀁓􀁅􀁐􀀭􀀱􀀵􀀭􀀲􀁾􀀰􀀳􀀠15:43 COWLES & THOMPSON 214&722020 P.04/10 Sectioll 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 23rd day ofSeptember, 2003. R. Scott Wheeler, Mayor ATIEST: Carmen Moran, City Secretary APROVED AS TO FORM: Ken C. Dippel, City Attorney
OFFICE OF THE CITY SECRETARY RESOLUTION NO. ____ Pago 􀁾􀀠on 
SEP-15-2B03 15:43 COWLES & THOMPSON 2145722020 􀁐􀀮􀀰􀀵􀁾􀀱􀀰􀀠EASEMENT AGREEMENT This Agreement is made and entered into by and between Siavish lahani and the TOVl11 of Addison. Texas
(the "Town"). WIT NE SS E T H: WHEREAS, Grantor owns certain real property located in the Town of Addison and 'described in Exhibjt 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 desil'es to acquire an exclusive and perpetual easement and rightof-way in, over, across, upon, under and through the Easement
Property for a parkway and other public purposes in connection with the construction of the Addison Road Extension. and Grantor desires to sell and convey such easement 10 the Town;
NOW, THEREFORE, Cor and in consideration ofthe mutual covenants and agreements herein contained, Siavish Jahani and the Town ofAddison agree as follows: 1. Grant of Easement. For and
in consideration oCtbe sum set forth in 2: below in band 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 propmy described in Exhibit A and depicted on Exhibit B (the "Easement Propeny") (the said Exhibits being attached hereto and incorporated herein).
2. COQslderation. This easement is granted, sold and conveyed in consideration of the Town's payment to Grantor ofthe swn ofThirty Four Thousand Three Hundred Thiny·Eight and 131100
dollars (S34,338.l3), 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 assened by virtue of such grant, sale and conveyance and use ofthe 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 propeny described in attached 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 connection Wilh activities relating to the construction, placement, installation, reconstruction. relocation, alteration. operation. use, inspection. maintenance.
improvement, and modification of landscaping, inigation, lighting, utility, sidewalk. N 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 u,.,.......""tAstMtfIfT fCdf (.prll", ••• I Uuc_I" 􀁉􀁾􀀢􀀧􀁾􀀠
SEP-1S-2003 15:44 COWLES 􀁾􀀠THOMPSON 2145722020 P.05/10 to time deems necessary, appropriate, or desirable in the Town's sole discretion. with respect 10 the Project and the improvements
witrun the Easement. The Town shall, at all times. have the right of ingress and egress to and !Tom the Easement and the Easement Propeny as the Town may deem necessary. appropriate,
Or desirable. B. Grantor acknowledges and agrees as follows: (i) The Town may authorize and permit 'third panies to use the Project 00 such temlS ,as the Town in its sole discretion
deems appropriate, but no third panies, including the general public, shall acquire any righrs in the Easement or the Easement Propeny as a result of such use. (ii) Grantor shall not
construct or place within the Easement Propeny any building, fences, 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 pans of any such
building. fence. plant. or other Sl1'lJcrure, improvement or growth of emy character or type that is located within the Easement Propeny 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 ofthe Town's rights hereunder. C. Grantor, his successors and
assigns. may fully use and enjoy the Easement Propeny, 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. Landscaping & Irrigation. All landscaping and irrigation to be placed within the Easement Propeny shall be installed by and at
the expense of the Town. Existing landscaping on the Easement Propeny or the Remainder that does not conform to the overall landscape plan for the Addison Road corridor may be removed
by and at the expense of the Town. Grantor may review and make comments to the landscape plan for Grantee's consideration. S. Light Relocation. Any existing omamentallights to be relocated
because of or in connection with rights granted to or work performed by the Town under this Agreement shall be relocated by the Town at its sale cost and expense. 6. Drive Approaches.
The two existing drive approaches located on the Easement Propeny and fronting Addison Road shall be reconstructed and properly graded by the Town at its sole cOSt and expense. 7. Signs.
The Town may remove and replace any public signs or install any new public signs on the Easement Property. The Town shall remove one private pole sign located on the Easement Propeny
and shall install one new private sign on the Easemem Propeny. Such sign, which shall be provided and paid for by Grantor, must comply with all applicable law. The exact location of
this private sign shall be mutually determined by the Town and Grantor. During its installation of the sign. the Town shall install electrical connections for the sign. Grantor shall
be solely responsible for monthly electric bills and any other COStS associated with the operation of the sign. Landscaping on the Easement Propeny shall be maintained by the Town in
a manner that will not obstruct visibility of the sign from the adjacen't roadway. S. Access. Construction shall be conducted in a manner that will maintain or provide at least one point
of access to Addison Road from the Remainder 8t all times during 􀀧􀁁􀁁􀀢􀀧􀁾􀀧􀀴􀀧􀀢􀀠[AS[MI:NT Il".li C.prll-ror' I llui;ummL' 􀀱􀀱􀁬􀀭􀁉􀁾􀁉􀀧􀁡􀀠 
SEP-15-2003 15:44 COWLES 8. THOMPSON 2146722020 P.07/10 construction. This access point must be reasonably graded to allow adequate access to the Remainder by employees and patrons.
9. Warrant\· of Title. TO HAVE AND TO HOLD the Easement, together with all 'and singular the rights, privileges, and appunenances thereto in anywise belonging. unlO the Town of Addison,
Texas, its successors and assigns; and Grantor does hereby bind himself. his '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 evety person whomsoever lawfully claiming or to claim all or
any pan oethe interest ill the Propeny. 10. Exclusiveness of Easement. The easem¢llt, rights, and privileges granted by this cooveyance are exclusive, and Gr.mtor cov¢llants not 10 convey
any other easement or conflicting rights in the area covered by this grant. 11. Governjnt= Law; VeDue. In the event o{ any action under this Contract, venue for all causes oCaction 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 of law provisions, the panies agree that such conflict of law provisions shall not affect the application of the law of Texas (without reference
to its conmet of law provisions) to the governing. interpretation, validity and ¢llforcemen[ of this Agreemelll. ll. 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 panies. 13. Autbority. The undersigned panies or officers and/or agents of the parties hereto an:; properly authorized and have the necessary
authority to execute this Agreement, and each of the undersigned 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. 14, Binding Effect. This Agreement shall bind and inure to the benefit of the respective panics, their personal representatives, SUccessors, and
assigns, GRANTOR; Executed this .. :-;7"day of_'-_·_h_/_'._:'_'_;__, 2003 s : <--􀁾E!r-... '"' Siavish Jabaui TOWN OF ADDISON Executed this __day of'_______, 2003 By: ROil Whitehead,
City Manager Town of AddisDD 􀁾􀁾􀀭􀁶􀀮A"t' £""::MtNl (C.tfCll'HI 􀁾􀀠p_.,. l (Jo.Jo;"",,,,!. lG4llVfl 
I 2146722020 P.08/10SEP-15-2003 15:44 COWLES & THOMPSON STATE OF TEXAS § COUNTY OF DALLAS § BEFORE ME, the undersigned notary public in and for said county and Slale. on Ihis : ',. day
of -I',', ( " , 2003, personally appeared Siavish Jahani and acknowledged to me thaI he executed the same as his tree and voluntary act and deed. jor the uses and purposes therein set
forth. GIVEN UNDER my hand and seal ofoffice the day and year last above written. " 1'.:') ,J t' ./f'-' . Notary Public in and for the State of Texas MY COMMISSION EXPIRES: /1 --:-;
.. ..:. 􀁾􀀠[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 acknowJedged to me that he executed the same in his 􀁡􀁵􀁴􀁨􀁯􀁲􀁩􀁺􀁾􀀠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] t4IQCWAV lA.StMEH'tfCa/iC.,m ... r •• r. 􀁾􀀱􀁉􀀯􀁉􀁉􀀱􀁭􀀢􀀠􀁬􀁩􀁬􀁬􀁤􀁬􀁾􀀠
------------------------________________________________________ __ 􀁜􀁾􀀳􀀯􀀴􀀧􀀠I.R.F. \ \ \ \ \ \ \ \ 􀁾􀀠\ 􀁾􀀠􀁾􀀧􀁜,􀁾􀀠SCAlE: 1"=50' 􀁾􀀠\ Z, 􀁾􀀭􀀧􀀠"." -! \ 􀁾􀁴􀀰􀁜􀀠f1"I:
tJl. \ 􀁾􀀠􀁾􀀠\ fji.z to;,' Pt rn \,'" \ '-It THE fiLLING STATION Of ADDISON. INC.􀁾􀁾􀁜􀀠\ 􀁾􀀠-«> VOl. 94100, PG. 55775to \\􀁾􀀠􀀭􀀭􀀭􀀭􀁾􀁾􀀠,,:../􀁯􀁾􀀠\ \ \,"-:5 I ,g GARTNER-PLANO
COMPANY I « VOL 91248, PG. 3622 \􀁾􀀠EDWARD COOK SURVEY I \ '\ ASST. NO. 326 \ \ \ JAMES E. SAULS \ \ \ 􀁾􀀠\VOL 77153, PG. 1028 \ \ \ \ \ \ \ \, S 89'43'30· W 8.64' PARKWAY EASEMENT
NORTH -149.29' SOUTH -149.29' S 89'<\.3'30' W 20.00' 2,985.75 SQ. FT. 0.068 ACRES \ \ \, \ I PROPOSED 20' , N 89"43'30· E 20.00' a on " POINT OFADDISON ROAD __S_E_GINNIN.􀀮􀀮􀀮􀀺􀀺􀁇􀁾.......________
__--1 TOWN OF ADDISON TEXAS ADDISON ROAD BELT LINE RD. TO KELLER SPRINGS RD . .-----1-PARKWAY EASEMENT B1RKHOFF, HENDRICKS Itt COOWAY. LLP. JAN., 2002°L.. -' 􀀺􀀮􀀺􀀺􀁃􀁏􀁾􀁎􀀺􀀺􀀺􀁓􀀺􀀺􀀺􀀺􀁕􀁌􀀺􀀮�
�􀁔􀁬􀁎􀁇􀀠ENGINEERS PLAT 2W 
COWLES &THOMPSON A Professional Corporation 􀁁􀁔􀁔􀁏􀁒􀁎􀁾􀁙􀁓􀀠AND COUNSELORS ANGELA K. WASHINGTON 214.672.2144 AWASHINGTON@COWLESTHOMPSON.COM September 5, 2003 VIA FACSIMILE (214)
855-8848 AND U.S REGULAR MAIL Ms. Patricia A. Sherman Bruce, Esq. Vice President Republic Title of Texas, Inc. 2626 Howell Street, 10th Floor Dallas, TX 75204-4064 RE: Parcell (Siavish
Jahani), Addison Widening of Road Project G.F. No.: 02R05320/SJ7 Dear Patricia: Enclosed is a copy of the partially executed Easement Agreement, which contains the purchase price. This
should provide the information you need to prepare the necessary documents. The agreement will be placed on the September 23, 2003 agenda for council consideration. After which, I will
forward to you the fully executed document If you have any questions or need anything further at this time, please do not hesitate to call. Sincerely, 􀁾􀀩􀁉0(/)'-----"' . AngelaK. Washington
//' AKW/yjr Enclosure c (wlEnc.): Mr. Steve Chutchian, w/Town (w/oEnc.) Mr. Ken Dippel, w/firm 9Q1 MAIN S"TREET SUt1E 401)0 PALLAS, TEXAS 75:202·3793 o ALL A S T Y L E R TE l 214,672.2000
FAX 214.672.2020 Oo.::umeTI{R.I068820 WWW.COWlESTHOMPStHLCOM 
COWLES &THOMPSON-!5d A Proressiona! Corporation􀁊􀀲􀀱􀀴􀀢􀁗􀁗􀁶􀀼􀁭􀁊􀁴􀁍􀀼􀁊􀁉􀁾􀀠ATTORNEYS AND COUNSELORS1978-2003 ANGELA t<, WASHINGTON 214,1.12:,2144 AWASHINGTON@COWLESTHOMPSCN.COM
July 17,2003 Ms. Patricia A. Shennan Bruce, Esq. Vice President Republic Title ofTexas, Inc. 2626 Howell Street, 101b Floor Dallas, TX 75204-4064 RE: Parcell (Cafe Capri), Addison Widening
of Road Project Your File No.: 02R05320/SJ7 Dear Patricia: The QuitClaim Deed prepared by your office in cOlmection with the above-referenced property has been executed by all required
parties, the last being received by my office today. I am enclosing the originals for filing by your office. It is my understanding that this should clear up any outstanding ownership
issues. I am, however, still somewhat confused by your June 26, 2003 correspondence showing George Clark, Carroll Houpt, and W. F. Laughlin as the record title owners of Tract 2. Please
let me know if there are additional ownership issues. If there are no additional ownership issues, please proceed with the closing process. Your file should contain an executed copy
of your form requesting deletion of the arbitration provision from the title policy. The fonn was forwarded to Janine Barber on April 25, 2003. Thank you for your assistance. Sincerely,
􀁾􀁫􀀺􀁾􀀼􀀭􀀭􀀭􀀭􀀭􀀭􀀯􀁾􀀠. Angela K. washingt:n U/t:? AKW/yjr Enclosures c (w/o Enclosures): Mr. Mike Murphy, w/Town Mr. Steve Chutchian, wlTown Mr. Ken Dippel, w/finn 901 MAIN STREET
SUITE >1000 DALLAS, TEXAS 75202-3793 o ALL A S T Y L E R TEL 2)4.b72.20GO FAX 214,612.2020 WWW.COWlESTHOMPSON.COM 
.Psd COWLES &THOMPSON ~7 ~7 A Professiona1 Corporation 1978-2003 ATTORNEYS ANO COUNSELORS ANGELA K. WASHIf'lGTON 214.61:2.2144 AWASHtN'GTON@COWlESn;OMPSQN,COM June 26, 2003 Ms. Karen
Hallum Mr. Cliff Rich 3717 Cabana 404 Main Street Plano, TX 75023 Muenster, TX 76252 RE: Parcell (Cafe Capri), Addison Widening of Road Project 15107 Addison Road, Addison, Texas Dear
Ms. Hallum & Mr. Rich: As you may have discussed with Mr. Siavosh Jahani, the Town of Addison is in the process of widening and improving Addison Road and is in the process of acquiring
a strip of land from Mr. Jahani in connection with such improvement. Our Title Company has discovered that although the original conveyance of the property to a previous owner was the
entire 150 feet along Addison Road, when it was conveyed to Mr. Sauls, a small strip that lies between the fence and the property to the South was carved out. However, Mr. Sauls and
the Estate paid taxes on that strip for the entire teon of its ownership. Further, according to the title company, the property to the South has been platted by the owner to the South
and includes no portion of that small strip. Thus, it is clear that the Estate has treated it as its property and has paid taxes on it the entire time. We are therefore asking the Estate
to quitclaim any interest it has in the original ISO-foot strip to Mr. Jahani so that any gap or gore in the property that Addison wishes to acquire would be conveyed to him. The Title
Company's recording of such an instrument would allow it to ensure a deed from Mr. Jahani to the Town of Addison for the widening of Addison Road. The QuitClaim Deed is enclosed. Please
sign it and have it notarized and return it to my attention. I will then forward it to the Title Company for recording in Dallas County. Feel free, of course, to have the document reviewed
by an attorney. If you or your attomey have any questions or comments, please do not hesitate to call me at the number listed on this letter. Sincerely, . 􀁾􀁾􀀺􀀧􀁾􀁯􀀺􀁲􀀻􀀣􀀭􀀭􀁟􀀮􀀮􀀮􀀭􀁊􀀠AKW/yj
r Enclosure c (w/Enc.): Mr. Mike Murphy, w/Town of Addison Mr. Steve Chutchian, w/Town of Addison Mr. Ken Dippel, City Attomey 901 MAIN STREET SUITE 4000 DALLAS, TEXAS 752:02-3793 o
ALL A s T Y L E R TEL 214.672.2000 tAX 214.672.2020 wWW.COWL€STHOMP50tLCOM 
L 
AFTER RECORDING MAIL TO: Republic Title of Texas, Inc. 2626 Howell Street. 101" Floor Dallas, Texas 75204-4064 02R05320 ISJ6 QUIT CLAIM DEED STATE OF TEXAS ) ) KNOW ALL MEN BY THESE
PRESENTS: COUNTY OF DALLAS ) That KAREN A. FLEITMAN, CLIFF RICH AND SIAVOSH JAHANI, Independent Co-Executors of the Estate of James E. Sauls, Deceased (hereinafter collectively, "Grantor"),
for and in consideration ofthe sum ofTen and Noll 00 ($10.00) Dollars, the receipt of which is hereby acknowledged, does, by these presents, BARGA]]\', SELL, RELEASE AND FOREVER QUIT
CLAIM unto SIAVOSH JAHANI ("Grantee"), whose mailing address is 4127 Rainsong Drive, Dallas, Texas 75287, any and all right, title and interest of Grantor in and to that certain tract
or parcel ofland lying in the County of Smith, State of Texas, described as follows: All that certain tract or parcel of land situated in Dallas County, Texas, out ofthe E. Cook Survey,
and located in the town ofAddison, Texas, and Beginning at the southeast comer ofa lot in the same survey deeded by S. S. Noell to W. H. Atkins, on November 14, 1908; Thence west with
the south line of same 251-112 feet to the east line of the SI. Louis & Southwestern Railroad right of way; Thence south with the said right of way, 150 feet to a stake; Thence East
204-l/2 feet to the Noell public road; Thence north along the west boundary line of said road 150 feet to the place ofbeginning (the "Property"); This deed is being executed by Grantor
to evidence its waiver of any claims in and to the Property which may arise to any gaps, gores or strips within the Property due to discrepancies in the legal descriptions contained
in the chain of title for the Property; TO HAVE AND TO HOLD the said premises, together with all and singular the rights, privileges and appurtenances thereto in any manner belonging
unto the said Grantor, its successors and assigns, so that neither Grantor nor any person or persons claiming under Grantor shall, at any time hereafter, have claim or demand any right
or title to the Property or any part thereof. 
EXECUTED this __day of____ __,2003. ESTATE OF JAMES E. SAULS, DECEASED By:____________ Karen A. FJeitman Independent Co-Executor By;_______________ CIiffRich lndependent Co-Executor
By:________________ Siavosh Jahani lndependent Co-Executor NOTARY ACKNOWLEDGMENT STATE OF TEXAS ) CQUNTYOF ) This instrument was acknowledged before me this day of_________ 2003, by
Karen A. Fleitman, lndependent Co-Executor of the Estate ofJames E. Sauls, Deceased, on behalf ofsaid Estate. Notary Public, State. ofTexas Print Name:._______________ Commission Expires:
________ 
STATE OF TEXAS ) COUNTY OF ) This instrument was acknowledged before me this day of_______􀁾􀁟􀀬􀀠2003, by Cliff Rich, Independent Co-Executor of the Estate ofJames E. Sauls, Deceased.
on behalf ofsaid Estate. Notary Public, State ofTexas Print Nq.me:___________ Commission Expires: ________ STATE OF TEXAS ) COUNTY OF ) This instrument was acknowledged before me this
day of_________ 2003, by Siavosh Jahani.Independent Co-Executor of the Estate ofJames E. Sauls, Deceased, on behalf ofsaid Estate. Notary Public, State of Texas Print Name:._______________
Commission Expires:. _________ • 
JUN-20-2003 15:52 COWLES THOMPSON 2146722020 P.01/05 COWLES &THOMPSON A 􀁐􀁲􀁯􀁦􀁾􀀮􀁳􀀮􀁳􀁩􀁯􀁮􀁡􀁬􀀠Cctporat[on 􀀧􀁔􀁔􀁏􀁒􀁎􀁅􀁾􀁓􀀠AND COUNSELORS ANGELA itWA.S:WlNGTOJroI IH.tin.zHt
AWASHfNGTO.,.;:COWlfSTHOMPSON.COM June 20, 2003 Via Facsimile-(971) 450·Zan Mr. Steve Chutchian Assistant City Engineer Town ofAddison Service Center 16801 Westgrove Drive Addison, TX
75001 Re: Parcell (Cafe Capri), Addison Road Extension Project DearStcvc: As we discussed. enclosed is Ii copy of the letter and quit claim deed that was sent to Mr. Jahani from our
title company to resolve the ownership issues with respect to the above-referenced properly. Please let me know where we stand after YOIl talk to Mr. Jahani. Ifthere is still a problem,
perhaps Mr. Jahani can give us contact information to reach the other two oo-executors ofilie estate of James SallIs so that we can contact them directly to gel the instrument executed,
or we can try and work through his attomey to get the matler resolved. Sincerely, 􀁣􀀺􀀺􀁨􀀺􀀭􀁾􀁾􀁾􀁾􀀺􀀺􀁦􀁖􀀭􀀭􀀭􀀭􀀮􀀭􀁊􀀠Attachments <:)01 MArN STREET sun!! 4000 DALLAS, 'tEXAS.
7S202·3H' TEL 114.672.HlO() fAX 214.612.2020 WWW,COWLESTM!lfAPSON.COfA [l ALL A S T Y L E It 
I'_4iNII", :1¥lfljjifll.-."nFax' UN 2145722e2e P.e2/e5COWLES THOMPSONJUN-2e-2003 15:52 * 2626 Hawril Stttd. 10th lJoor• Dall.u, Tell". 1S2()4..41)W 1214) 8S.54&88 fn ,:U4, 8SS""",8 Diled
Di.l 421.) BSS· 8863REPUBLIC 11Tl.E April 23, 2003 Mr. Siavosb Jabani 15107 Addison Road Addison, TX 75001 Re: Our File 02ROS320/SJ6 Quit Claim Deed from the Co-Executors ofthe Estate
ofJames E. Sauls for the small trip of land lying between the Sauls' property and the property to the South ofwhich bad nol been conveyed in the original Deed Dear Mr. lahani: Enclosed
please find the Quit Claim Deed which we discussed. The original conveyance of this property 10 a previous owner was the entire 150' along Addison Road, but when il was conveyed to Mr.
Sauls it carved OUl a small strip that lay between a fence and the property to the south. However, Mr. Sauls and the Estate has paid taxes on that strip for the entire tenn ofits ownership.
Further, the property to the south has been platted by the oWllcr til the south and includes no portion ofthat small strip. It is clear that the Estate has treated it as its property
and has paid taxes on it the entire time. so we ask thaI the Estate quit claim any interest it has in to the original 150' strip so that any gap or gore would be conveyed to you. Our
recording ofthis instrument would allow us 10 insure a deed from you to the Town ofAddison for the widening ofAddison Road, . After this document has been signed and notarized, please
return it 10 my attention for recording in Dallas County. Should you have any questions or comments, please do not hesitate 10 call me. truly Y-0urs•• 􀁾􀀠JANINB N. BARBER, SENIOR VICE
PRESIDENT cc: Angela Washington (w/enclosure) REPLJ8UC: 'TITLE Of TEXAS, INC. A$I)BSlOARY OF Fint A"'1riuIn 1ltI# 1",ttr411U COMcpctllJ' ."¥' TlTLE INSURANCE AGENT fOR: ClVeago 'nile,
In!'>.ut!:nc& Oomp.or"Y> CoInthoftW'filallh Land rille 􀁉􀁾COmH!l)t FitetAlfIoran nue fftbl'll,,;a Compb,¥ 􀀱􀀢􀀬􀀮􀁰􀁹􀀸􀀧􀁾􀀠'Tille tnSlll'inoe Colj)Cfl.l.lon. Old Repvbtit NIl1C11'181
,",Is IMUl1lMfI Cornpeny andTiQlltI T"le Inll.lWltle 􀁾􀁉􀁜􀁹􀀠
)._.14.1,,,104 Fax ""atl ' .';;;464," 2146722020 P.03/05COWLES THOMPSONJUN-20-2003 15:53 AFTER RECORDING MAIL TO: Republic Title of Texas, Inc. 2626 Howell Street, 10" Floor 􀁄􀁡􀁬􀁬􀁾Texas
75204-4064 OlR05320 ISJ6 QUIT CLAIM DEED STATE OF TEXAS ) ) KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DALLAS ) That KAREN A. FLEITMAN, CLIFF RICH AND SIAVOSH JAHAN1, Independent Co-Executors
of tbe Estate of James E. Sauls, Deceased (hereinafter collectively, "Grantor"), for and in consideration ofthe sum ofTen and No/I 00 (SJO,OO) Dollars, the receipt of which is hereby
acknowledged, does. by these presents, BARGAIN, SELL, RELEASE AND FOREVER QUIT CLAlM unto SIA VOSH JAHANI ("Grantee"), whose mailing address is 4127 Rainsong Drive, Dallas, Texas 75287,
any and all right, title and interest of Grantor in and to thaI certain tract or parcel of land lying in the County of Smith, State of Texas, described as follows: All that certain tract
orparceJ ofland situated in Dallas County, Texas, out of the E. Cook Survey, and located in the town ofAddison, Texas. and Beginning at the southeast comer ofa 101 in the same survey
deeded by S. S. Noell to W. H. Atkins, on Novetober 14, 1908; Thence west with the south line ofsame 251-112 feet to the east line of the St. Louis & Southwestern Railroad right ofway;
Thence south with the said right of way, J50 feet to a stake; Thence East 204-112 feet to the Noell public road; Thence north along the west boundary line ofsBid road 150 feet to the
place ofbeginning (the "Property"); This deed is being executed by Grantor (0 evidence its waiver of any claims in and to the Property which may arise to any gaps, gores or strips within
the Property due to discrepancies in the legal descriptions contained in the chain of title for the Property; TO HAVE. AND TO HOID the said premises, together with all and singular the
rights, privileges and appurtenances thereto in any manner belonging unto the said Grantor, its successors and assigns, so that neither Grantor nor any person or persons claiming under
Grantor shall, at any time hereafter, have claim or demand any rijpll or title to the Property or any part thereof. 
Rece fve ilX' . tl . HP LASERJET 320 JUN-20-2003 15: 53 COWLES THOMPSON 2146722020 P.04/05 EXECUTED this __day Of _______, 2003. ESTATE OF JAMES E. SAULS, DECEASED By: 􀀭􀀭􀁾􀀭􀀭􀀭􀀭􀁾􀀭􀀭􀀭􀀭􀀭􀀭􀀭�
�􀀭􀀭􀀭􀀭􀀭􀀭Karen A. Fleitman Independent Co-Executor By;􀀧􀀭􀀭􀁾􀁃􀁾􀁨􀁾􀀧􀁦􀁦􀁾􀁾􀁾􀀧􀁾􀁣􀁨􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭Independent CO-Executor 􀁂􀁹􀀺􀀮􀁟􀁾__􀁾􀁾􀁾___________ Siavosh
Jabani Independent Co-Executor NOTARY ACKNOWLEDGMENT STATE OF TEXAS ) COUNTY OF ) This instrument was acknowledged before me this day Of-:"7-"_-=--=--:-__ 2003, by Karen A. Fleitman,
Independent Co-Executor of the Estate of James E. Sauls,Deceased, on behalf ofsaid Estate. . Notary Public, Slalc.ofTexas 􀁐􀁲􀁩􀁭􀁎􀁾􀁥􀀮􀀺______________________ • Commission Expires:________

Fax atl .tWM.·'· 214&722020 P.05/05COWLES THOI1PSOHJUN-20-2003 15'53 • STATE OF TEXAS ) COUNTY OF ) This instrument was aclcnowledged before me this day of-,::--:-_-..,.____-' 2()03,
by Cliff Rich, Independent Co-Ex.ecutor of the Estate ofJames E. Sauls, Deceased, on behalfof said Estate. Notary Public, State of Texas Print Nl\lIIe:_________􀁾􀀮􀀠 Commission Expires:________
STATE OF TEXAS ) COUNTY OF ) This instrument was acknowledged before me this day of , 2()03, by Siavosh Jahani, Independent Co-Executor ofthe Estate of James E. Sauls, Deceased, on behalf
ofsaid Estate. Notary Public, Stale ofTexas Print Nwne:___________ Commission Expires: ________ • TOTAL P.05 
Steve Chutchian From: Washington, Angela [awashington@cowlesthompson.comj Sent: Monday, May 19, 2003 5:37 PM To: Mike Murphy; SIeve Chutchian Cc: DIPPEL, KEN Subject: Parcel 1, (Cafe
Capri), Addison Road Widening Project Mike and Steve In today's mail, I received an executed and notarized agreement from Mr. Jahani's attorney, James Mosser. As you will recall, however,
there is a two-foot discrepancy with respect to the property description. As you will also recall, Mr. Jahani did not want to handle this with a quitclaim deed to him from the other
two Co-Executors of the Estate, but wants to clear up the matter in some other manner. Since this has not yet been accomplished, at least we have not received evidence that it has, we
cannot yet complete this transaction. If we do not hear something 500n, we will need to inquire of Mr. Jahani as to the status of the matter. Once this is cleared up, we can get Ron
to execute the agreement and forward a copy to the title company for closing. Let me know if you have any questions. Angela 1 
COWLES &THOMPSON A Professiona.l Corporalion ATTORNEYS AND 􀁃􀁏􀁕􀁎􀁓􀁾􀁬􀁏􀁒􀁓􀀠 ANGELA K. WASHINGTON 214,512.2144 AWASHINGTON@COWLESTHOMPSON.COM February 20, 2003 Ms. J anine Barber
Republic Title Company 2626 Howell Street, 10th Floor Dallas, Texas 75204 RE: Parcell (Cafe Capri), Addison Road Extension Project Your File No. GF02R05320SJ6 Dear Janine: You provided
a title commitment for the above-referenced property by letter dated March 28, 2002. The commitment shows record title to be vested in three co-independent executors of the Estate ofJames
E. Sauls. One ofthe executors, Mr. Jahani has informed the Town that he is now the sole owner or executor, I am not clear which. Please update the title commitment to confirm this information
and any other changes that may have taken place since the date of the first commitment. Thank you for your attention to this matter. If you have any questions, please give me a call.
􀁾􀁊􀀨04,J---. Angela K. Washington AKW/yjr c: Mr. Mike Murphy, wlTown Mr. Steve Chutchian, wlTown Mr. Ken Dippel, w/firm 9Ql MAIN STREET SUITE 4000 DALLAS, TEXtI,S D ALL A S T Y L E
R TEL 214,&72,2000 fAX 214.672.2020 WWW.COWLE5THOMPSO ..... CDM 
Steve Chutchian From: Michael Murphy Sent: Thursday, February 20, 2003 3:43 PM To: 'Washington, Angela' Cc: Steve Chutchian Subject: RE: Cafe Capri Agreement 1. Yes we agree to the amount
($34,338.14). 3. Response here is that as part of the overall project the Town is proposing to remove the existing landscaping and replace with new landscaping based on an overall landscape
plan that is consistent throughout the Addison Road corridor. Therefore, approval by the owner is not applicable. However, the owner will be able to review and make comments and work
within the existing Town ordinance on location of the sign for optimal visibility. 4* No, there is only the one Sign, we will work with the owner on final location of the sign within
the limits of the Town Ord. We will relocate the sign in a mutually agreed upon location. -----Original Message----From: Washington, Angela [mailto:awashington@cowlesthompson.com] Sent:
Thursday, February 20, 2003 2:40 PM To: 'mmurphy@ci.addison.tx.us'; Steve Chutchian (E-mail) mail) Subject: Cafe Capri Agreement Regarding the requests made in the letter from Mosser
Mallers: (1) Did we agree to the requested $34,338.137 (3) I am not sure that I understand the landscaping replacement to "ensure exposureII of the signs. Are we saying that any landscaping
installed or replaced by the Town will be installed in a manner that will not block the existing sign from view from Addison Road? (4) 3 and 4 seem to overlap. If we are relocating the
sign, we could place in a position 50 that it could be viewed from Addison Rd. Are there more than one sign? Angela 1 
EASEMENT AGREEMENT This Agreement is made and entered into by and between Siavish Jahani, Karen A. Fleitman and Cliff Rich, Individually and as Co-Independent Executors ofthe Estate
ofJames E. Sauls, Deceased ("Grantors"), and the Town of Addison, Texas (the "Town"). WITNESSETH: WHEREAS, Grantors, Individually and as Co-Independent Executors of the Estate of James
E. Sauls, Deceased, own 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 Grantors desire desire to sell and convey such easement to the Town; NOW, THEREFORE, for and in consideration of the mutual covenants
and agreements herein contained, Siavish Jahani, Individually and as Co-Independent Executor of the Estate of James E. Sauls, Deceased, and Karen A. Fleitman and Cliff Rich, as Co-Independent
Executors ofthe Estate ofJames E. Sauls, Deceased, 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, Grantors have GRANTED, SOLD AND CONVEYED, and by theses presents do 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 Grantors ofthe sum of Twenty Nine Thousand Eight Hundred Fifty and NeThirty Four Thousand Three Hundred Thirty-Eight and 13/100 dollars
($29,850.0034.33813), the receipt and sufficiency ofwhich is acknowledged as full compensation for the Easement, any damage to or diminution in value ofthe Remainder or any other lands
or property belonging to Grantors 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 attached 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 connection with activities PARKWAY EASEMENT (Sauls Estate) -PAGE· I 
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. Grantors acknowledge
and agree 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 of such use. (ii) Grantors shall not construct or place within the Easement
Property any building, fences, 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 parts 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 ofthe Town, may endanger or in any way interfere with the construction,
efficiency, or convenient and safe operstion ofthe Project or the exercise ofthe Town's rights hereunder. C. Grantors, their 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 with the safe and efficient operation ofthe Project.
4. Landscaping & Irrigation. All landscaping and irrigation to be placed within the Easement Property shall be installed by and at the expense of the Town. Existing landscaping on the
Easement Property or the Remainder that does not conform to the overall landscape plan for the Addison Road corridor may be removed by and at the expense of the Town. Grantors may review
and make comments to the landscape plan for Grantee's consideration. 5. Light Relocation. Any existing omamentallights to be relocated because ofor in connection with rights granted
to or work performed by the Town under this Agreement shall be relocated by the Town at its sole cost and expense. 6. Drive Approaches. The two existing drive approaches located on the
Easement Property fronting Addison Road shall be reconstructed and properly graded by the Town within the Easement area approximately seven (7) feet west of their original location.
The reconstruction of the drive approaches and any associated curbs shall be at the sole expense of the Town. PARKWAY EASEMENT (Sauls Estate)-PAGE·2 
7. Signs. The Town may remove and replace any public signs or install any new public signs on the Easement Property. The Town shall remove one private pole sign located on the Easement
Property and shall install one new private sign on the Easement Property. Such sign, which shall be provided and paid for by Grantors, must comply with all applicable ordinances and
regulations of the Town and of state and federal law. The exact location of this private sign shall be mutually determined by the Town and Grantors. 8. Access. Construction shall be
conducted in a manner that will maintain or provide at least one point ofaccess to Addison Road from the Remainder at all times during such construction. This access point must be reasonably
graded to allow adequate access to the Remainder by employees and patrons. 9. Warrnnty of Title. TO HAVE AND TO HOLD the Easements, together with all and singular the rights, privileges,
and appurtenances thereto in anywise belonging, unto the Town of Addison, Texas, its successors successors and assigns; and Grantors do hereby bind themselves, their 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. 10. Exclusiveness of Easement. The easement, rights, and privileges
granted by this conveyance are exclusive, and Grantors covenant not to convey any other easement or conflicting rights in the area covered by this grant. 11. 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 ofthis Agreement; and, with respect to any conflict of law provisions, the parties agree that such conflict of
Jaw 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. 12. Entire Aareement. 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. 13. Authority. The undersigned parties or officers
and/or agents ofthe parties hereto are properly authorized and have the necessary authority to execute this Agreement, and each of the undersigned 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. 14. Binding Effect. This Agreement shall bind and inure to
the benefit of the respective parties, their personal representatives, successors, and assigns. GRANTORS: PARKWAY EASEMENT(SaulsE""'e)-PAGE-3 
Executed this __day _____--' 2002 Siavish Jahani _____-" 2002Executed this .........._ day Karen A. Fleitman Executed this __day _____--' 2002 Cliff Rich TOWN OF ADDISON Executed this
__ day of______--', 2002 By: Ron Whitehead, City Manager Town ofAddison STATE OF TEXAS § COUNTY OF DALLAS § BEFORE ME, the undersigned notary public in and for said county and state,
on this ___ day of , 2002, personally appeared Siavish Jaham, Individually and as Co-Independent Executor ofthe estate ofJames E. Sauls, Deceased, and acknowledged to me that he executed
the same in his authorized capacity and 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. PARKWAY EASEMENT (Sauls Estate)-PAGE·4 
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 fur said county and state,
on this =-__ dayof ,2002, personally appeared Cliff Rich, as Co-Independent Executor of the estate of James E. Sauls, Deceased, and acknowledged to me that he executed the same in his
authorized capacity and as his free and voluntary act and deed, 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 of Texas 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 , 2002, personally appeared Karen A. Fleitman, as Co-Independent Executor of the estate of James E. Sauls.. Deceased, and acknowledged to me that she executed
the same in her authorized capacity and as her 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. PARKWAY EASEMENT (Sau\s Estate}-PAGE-5 
Notary Public in and for the State of Texas 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 , 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 of office the day and year last above written. Notary Public in and for the State ofTexas MY COMMISSION EXPIRES: [S E AL] PARKWAY EASEMENT 􀀨􀁓􀁡􀁵􀁾􀀠Estate)-PAGE-6 
COWLES &THOMPSON A Professional Corporation ATTORNEYS AND COUNSELORS ANGELA K. WASHINGTON 214.612:.2144 AWASHINGTON@COWLESTHOMPSON,COM March 3, 2003 Mr. James C. Mosser Mosser Mailers
PLLC 17110 Dallas Parkway, Suite 290 Dallas, TX 75248-1115 RE: Proposed Easement Agreement -Cafe Capri Dear Mr. Mosser: In response to your February 6,2003 letter to Town of Addison
City Manager Ron Whitehead and your subsequent conference with Addison's Director of Public Works, Mike Murphy, enclosed for your review and comment is a document redlining changes to
the proposed Easement Agreement. If the changes meet with your satisfaction, please let me know, and we will prepare the final document. It is my understanding that Mr. Jahani has informed
Town of Addison staff that he is now the sole owner orthe property. I am awaiting documentation showing the new ownership setup from the title company. If, however, you already have
such documentation, please provide it and we will be able to expedite matters. If you have questions, questions, please do not hesitate to call. Sincerely, 􀀬􀁾􀁦􀀬􀁲􀀿􀁴􀁾􀀠Angela K.
Washington AKW/yjr Enclosure c(w/Enc.): Mr. Mike Murphy Mr. Steve Chutchian Mr. Ken C. Dippel 901 MAIN STREET SuiTE 40{)O DALLAS, TEXAS ,5202-37''13 TEL 􀁾􀀱􀀴􀀮􀁢􀀷􀀲􀀮􀁚􀁻􀁩􀁏􀁏􀀠FAX
Z14.b72.202:0OALLAS T Y L E R WWW.COWLE5THOMPSON.COM􀁾􀁉􀁊1042114 
EASEMENT AGREEMENT This Agreement is made and entered into by and between Siavish Jahani, Karen A. Fleitman and Cliff Rich, Individually and as Co-Independent Executors ofthe Estate
ofJames E. Sauls, Deceased ("Grantors"), and the Town ofAddison, Texas (the "Town"). WITNESSETH: WHEREAS, Grantors, Individually and as Co-Independent Executors of the Estate of James
E. Sauls, Deceased, own 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 Grantors desire to sell and convey such easement to the Town; NOW, THEREFORE, for and in consideration
ofthe mutual covenants and agreements herein contained, Siavish J abani, Individually and as Co-Independent Executor of the Estate of James E. SauIs, Deceased, and Karen A. Fleitman
and Cliff Rich, as Co-Independent Executors of the Estate ofJames E. Sauls, Deceased, and the Town ofAddison agree as follows: 1. Grant ofEasement. 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, Grantors have GRANTED, SOLD AND CONVEYED, and by theses presents
do 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 Grantors of the sum of Twemy Wiae Theuseaa Hight tkIru:lreEi Fifty tm6 I N&Thirty Four Thousand
Three Hundred Thirty-Eight and 13/100 dollars ($29,850.0Q34,338.13), the receipt and sufficiency of which is acknowledged as fuII compensation for the Easement, any damage to or diminution
in value of the Remainder or any other lands or property belonging to Grantors 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 of Easemeut; 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 PARKWAY EASEMENT (Saul, Eo"''") -PAGE-l 
relating to the 􀁣􀁯􀁮􀁳􀁴􀁲􀁵􀁣􀁴􀁩􀁯􀁾􀀠placement, 􀁩􀁮􀁳􀁴􀁡􀁬􀁬􀁡􀁴􀁩􀁯􀁾􀀠reconstruction, 􀁲􀁥􀁬􀁯􀁣􀁡􀁴􀁩􀁯􀁾􀀠altemtion, operation, use, inspection, maintenance, improvement,
and modification of landscaping, 􀁩􀁲􀁲􀁩􀁧􀁡􀁴􀁩􀁯􀁾􀀠lighting, utility, sidewalk, or other parkway improvements, or for such other public purposes as the Town from time to time deems
necessary, appropriate, or desimble in the Town's sole discretion, with respect to the Project. The Town may perform all excavation, boring, backfilling, embedding, drilling, gmding,
and other construction activities as the Town from time to time deems necessary, appropriate, or desimble 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 desimble. B. Grantors acknowledge and agree as follows: (i) The Town may authorize and permit third third parnes 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) Grantors shall
not construct or place within the Easement Property any building, fences, wall, plant, or other structure, improvement, or growth of any character or type which wnuld interfere, in the
Town's sole 􀁤􀁥􀁴􀁥􀁲􀁭􀁩􀁮􀁡􀁴􀁩􀁯􀁾􀀠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 parts 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
ofthe Town, may endanger or in any way interfere with the construction, efficiency, or convenient and safe opemtion ofthe Project or the exercise ofthe Town's rights hereunder. C. Grantors,
their 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 exereise ofthe Town's
rights hereunder with the safe and efficient opemtion ofthe Project. 4. Landscaping & Irrigation. All landscaping and irrigation to be placed within the Easement Property shall be installed
by and at the expense of the Town. Existing landscaping on the Easement Property or the Remainder that does not conform to the oyerall landscape plan for the Addison Road corridor may
be removed by and at the expense of the Town. Grantors may review and make comments to the landscape plan for Grantee's consideration. 5. Light Relocation. Any existing omamentallights
to be relocated because ofor in connection with rights granted to or work performed by the Town under this Agreement shall be relocated by the Town at its sole cost and expense. 6. Drive
Approaches. The two existing drive approaches located on the Easement Property and fronting Addison Road shall be reconstructed and properly graded by the Town withiH the BaselfleHt
arellllflflf9liimateiy seveH (7) feet west ef theif efigiaal leeatien at its sole cost and expense. 7. Signs. The Town may remove and replace any public signs or install any new public
signs on the Easement Property. The Town shall remove one private pole sign located on PARKWAY EASEMENT (&<u1, Est.te) -PAGIl·2 
the Easement Property and shall install one new private sign on the Easement Property. Such sign, which shall be provided and paid for by Grantors, must comply with all applicable ordinances
and regulations of the Town and of state and federal law. The exact location of this private sign shall be mutually determined by the Town and Grantors. 8. Access. Construction shall
be conducted in a manner that will maintain or provide at least one point ofaccess to Addison Road from the Remainder at all times during such construction. This access ooint must be
reasonably graded to allow adequate access to the Remainder by employees and patrons. 9. Warranty of Title. TO HAVE AND TO HOLD the Easements, 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 Grantors do hereby bind themselves, their representatives,
successors, and assigns to WARRANT AND FOREVER DEFEND all and singular the Easement and rights conveyed in this instroment 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. 10. Exclusiveness ofEasement. The easement, rights, and privileges
granted by this conveyance are exclusive, and Grantors covenant not to convey any other easement or conflicting rights in the area covered by this grant. 11. 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 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 oflaw provisions) to the goveming, interpretation, validity and enforcement ofthis
Agreement. 12. 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 ofno force and effect. Any subsequent amendment or modification must be in writing and agreed to by both parties. 13. Authority. The undersigned parties or officers
andlor agents ofthe parties hereto are properly authorized and have the necessary authority to execute this Agreement, and each of the undersigned 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. 14. Binding Effect. This Agreement shall bind and inure to
the benefit of the respective parties, their personal representatives, successors, and assigns. GRANTORS: Executed this __day of______--', 2002 PARKWAY EASEMENT (Sauls Estate) -PAOll-3

Siavish Jahani Executed this __day of______-", 2002 Karen A. Fleitman Executed this __day of_____--', 2002 Cliff Rich TOWN OF ADDISON Executed this __day of______--', 2002 By: Ron Whitehead,
City Manager Town of Addison STATE OF TEXAS § COUNTY OF DALLAS § BEFORE ME, the undersigned notary public in and for said county and state, on this ---,:_-0-day of , 2002, personally
appeared Siavish Jahani, Individually and as Co-Independent Executor ofthe estate ofJames E. Sauls, Deceased, and acknowledged to me that he executed the same in his authorized capacity
and 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 PARKWAY EASEMENT (Sauls Estate) -PAGE·4 
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 , 2002, personally
appeared Cliff Rich, as Co-Independent Executor of the estate of James E. Sauls, Deceased, and acknowledged to me that he executed the same in his authorized capacity and 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 , 2002,
personally appeared Karen A. Fleitman, as Co-Independent Executor of the estate of James E. Sauls, Deceased, and acknowledged to me that she executed the same in her authorized capacity
and as her 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 PARKWAY EASEMENT (Sauls Estate)-PAGE ·5 
MY COMMISSION EXPIRES: [SEAL J STATE OF TEXAS § COUNTY 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] PARKWAY EASEMENT (Sauls Esiate)-PAGE ·6 
2Sd COWLES &THOMPSON A Professional Corporation􀁾􀀢􀀷􀀠1978·2003 ATTORNEYS AND COUNSELORS ANGElA K. WASHINGTON 214.&122144 AWASKINGTON@COWl.ESTHOMPSON.COM April 24, 2003 Mr. Steve Chutchian
Assistant City Engineer Town of Addison -Service Center 16801 Westgrove Drive Addison, TX 75001 RE: Parcell (Cafe Capri), Addison Road Extension Project Dear Steve: The Quit Claim Deed
needed to resolve the ownership issues with respect to the above-referenced property has been sent by the Title Company to Mr. Jahani for execution by all co-executors of the Estate
of James E. Sauls. A copy of the letter is enclosed, I will keep you apprised of our progress in this matter. Sincerely,, "CV J(. 􀁲􀁹􀁾􀁾􀀠AngelaK. Washington /' AKW/yjr Enclosure c(w/o
Enclosure): Mr, Mike Murphy Mr, Kenneth C. Dippel, w/frrm '101 MA1N STREET SUITE 4000 DALLAS, TEXAS 15202<3793 DALLAS T Y L E R TEL 214.672.2000 FAX 214.612.2020 Document 11; 1049441
www,COWLESTHOMP$ON.COM 
214.672.2144 COWLES &THOMPSON A Professional Corp(}ration ATTORNEYS AND COUNSELORS ANGELA K. WASHINGTON AWASHINGTON@COWLESTHOMPSON,COM April 25, 2003 Ms. Janine Barber Republic Title
Company 2626 Howell Street, lOth Floor Dallas, Texas 75204 Re: Parcell (Cafe Capri), Addison Widening of Road Project Your File No. 02R05320/SJ6 Dear Janine: In connection with-the title
insurance for the above-referenced property, please find enclosed an executed copy of your fonn requesting Deletion of the Arbitration Provision. Thank you for your attention to this
matter. Sincerely, 􀁾Jf tq/----...---l Angela K. Washington AKW/yjr Enclosure c: Mr. Steve Chutchian Mr. Kenneth C. Dippel, w/finn .901 MAIN STREET SUITE 4000 DALLAS, TEXAS 1;202-37Q3
DALLAS T Y L E R TEL 214.672.2000 FAX 214.672.2020 WWW.COWLESTHOMPSON.COM 
GP# {);;..IZ DS3 )..0/5]( DELETION OF ARBITRATION PROVISION (Not applicable to the Texas Residential Owner Policy) ARBITRATION is a common form of alternative dispute resolution. It
can be a quicker and cheaper means to settle a dispute with your Title Insurance Company. However, ifyou agree to arbitrate, you give Ul' your right to take the Title Company to court
and your rights to discovery of evidence may be limited in the arbitration process. In addition, you cannot usually appeal an arbitrator's award. Your policy contains an arbitration
provision (shown below). It allows you or the Company to reguire arbitration if the amount of Insurance is $1,000,000 or less. Iryou want to retain your right to sue the Company in case
of a dispute over a claim, you must request deletion ofthe arbitration provision before the policy is issued. You can do this by signing this form and retnrning it to the Company at
or before the Closing ofyour real estate transaction or by writing to the Company. The arbitration provision in the Policy is as follows: "Unless prohibited by applicable law or unless
this arbitration section is deleted by specific provision in Schednle B of this policy, either Ihe Company or the Insured may demand arbitration pursuant to the Title Insurance Arbitration
Rules of the American Arbitration Association. Arbitrable matters may include, but are not 􀁬􀁩􀁭􀁩􀁴􀁾􀁤􀀠to, any controversy or claim between the Company and the Insured arising out
of or relating to thiS Policy, and service of the Company in connection with its issuance or the breach of a policy provision or other obligation. All arbitrable matters when the Amount
of Insuranceis $1,000,000 or less SHALL BE arbitrated at the request of either the Company or the Insured, 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 $1,000,000 sball be arbitrated only when agreed to by both the Company
and the Insured. Arbitration pursuant to this Policy and ander the Rules in effect on the date the demand for arbitration is made or, at the option of the Insured, the Rules in effect
at the Date of Policy shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in wbich the land is located permit a court to award attorneys'
fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The Law of the situs of the land shall apply
to any arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request." I request deletion of the Arbitration provision. •
v-J , /(. 'rt/J􀁾􀀠Tt!lia&DepL of:In.m.more Fotm No. T-7 
FEB 19 2003 [1:57 TOWN OF ADDISON 9724502837. ;.2 I"4'd; A' " 'D 􀀢􀀱􀁩􀁉􀀱􀁾􀀠S,!IIIPM Fl'I!:H 'TeM< r1!' AC/){SQN Q72 450 7043 P.:! 􀁐􀀮􀁾􀀮􀀠I. 1661 1.!6•• • • 1i,,&AU "'"L!U 􀁾􀁬􀁌􀁾􀀠utlm
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FEB ;9 2003 11.57 TOWN OF aDDISON 8724502837 p.3 CO;LES & THOHF'SON P,32-I!l7-3I!IS 1>. 􀀳􀁆􀁾􀀠FRQM TOWN OF AOOIIICN 912 AIle 7IW3 f,b. 1. 2£02,11:11AM VOSSEA MAlliQS PlLt LIIYIIS He.8m
,. 2 i ......., ! '. ,.1 T'j Tllac:.,"'&aIII1•.􀁲􀁴􀀮􀀢􀀧􀁉􀀢􀀧􀁉􀁉􀀡􀁉􀁾􀀮􀀮􀀭􀁩􀀢􀁲􀀠.,..tMMd111II1II 􀁃􀁏􀁾􀁉at ...stld 􀁾􀀮􀁾􀁬􀀡􀁉􀁉􀁉􀁴􀀢􀁟􀀮􀁊􀁉􀁾􀀡􀁡􀁴I forCiIM e.,.t IIIO ........cit..,...
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/!5d COWLES &THOMPSON 􀁾􀀭􀀻􀁹􀀠A Professional Corporation 1978-2003 ATTORNEYS AND COUNSELORS AlfGELA K.. wASHINGTON 214,G72.2144 AWASHINGTON@COWLESTHOMPSON.COM April 24, 2003 Mr. Steve
Chutchian Assistant City Engineer Town ofAddison -Service Center 16801 Westgrove Drive Addison, TX 75001 RE: Parcell (Cafe Capri), Addison Road Extension Project Dear Steve: The Quit
Claim Deed needed to resolve the ownership issues with respect to the above-referenced property has been sent by the Title Company to Mr. Jaham for execution by all co-executors of the
Estate of James E. Sauls. A copy of the letter is enclosed. I will keep you apprised ofour progress in this matter. AKW/yjr Enclosure c(w/o Enclosure): Mr. Mike Murphy Mr. Kenneth C.
Dippel, w/firrn 901 MAlN STREET SUITE 4000 DALLAS, TEXAS 75202-3193 TEL 214,672.2000 FAX 2.14.672,,2020o ALL A S T Y l E R WWW.COWlE5THOMPSON.COM 
* 2626 Howdl Street, 10th Floor Dallas, Texas 75204-4064 (214) 􀀸􀀵􀀵􀁾􀀸􀀸􀀸􀀸􀀠Fax (214) 65541898 Direct Dial (214) 8558863 REPUBLIC TITLE April 23, 2003 Mr. Siavosh Jahani 15107 Addison
Road Addison, TX 75001 Re: Our File 02R05320/SJ6 Quit Claim Deed from the Co-Executors ofthe Estate of James E. Sauls for the small trip of land lying between the Sauls' property and
the property to the South ofwhich had not been conveyed in the original Deed Dear Mr. Jahani: Enclosed please find the Quit Claim Deed which we discussed. The original conveyance of
this property to a previous owner was the entire 150' along Addison Road, but when it was conveyed to Mr. Sauls it carved out a small strip that lay between a fence and the property
to the south. However, Mr. Sauls and the Estate has paid taxes on that strip for the entire term ofits ownership. Further, the property to the south has been platted by the owner to
the south and includes no portion ofthat small strip. It is clear that the Estate has treated it as its property and has paid taxes on it the entire time, so we ask that the Estate quit
claim any interest it has in to the original 150' strip so that any gap or gore would be conveyed to you. Our recording ofthis instrument would allow us to insure a deed from you to
the Town of Addison for the widening of Addison Road .. After this document has been signed and notarized, please return it to my attention for recording in Dallas County. Should you
have any questions or comments, please do not hesitate to call me. truly y'ours, • 􀁾􀀠• JANINE N. BARBER, SENIOR VICE PRESIDENT cc: Angela Washington (w/enclosure) REPUBLIC TITlE OF
TEXAS, INC. ,., ...... A SUBS!OARY OF Fint American Tli1e Insuranc.e Cumpany 􀁾􀀠TITlE INSURANCE AGENT FOR; Chicago TIlle losurance Company, Commonwealth lend TIlle Insurance Company,
F'm>t American Tille 􀁉􀁲􀀻􀁳􀁵􀁬􀀧􀁬􀁬􀁾􀀠Company. Lawyers lille Insurance Corpor.atlon, Old RepubliC Nallonal Title Jj'lSlJIal'lCe Company and liCOf' litH! lnswance Company 
AFTER RECORDING MAIL TO: Republic Title of Texas, Inc. 2626 Howell Street, 10th Floor Dallas, Texas 75204-4064 02R05320 ISJ6 QUIT CLAIM DEED STATE OF TEXAS ) ) KNOW ALL MEN BY THESE
PRESENTS: COUNTY OF DAUAS ) That KAREN A. FLEITMAN, CLIFF RICH AND SIAVOSH JAHANI, Independent Co-Executors uftbe Estate of James E. Sauls, Deceased (hereinafter collectively, "Grantor"),
for and in consideration ofthe sum ofTen and Noll 00 (SI0.00) Dollars, the receipt ofwhich is hereby acknowledged, does, by these presents, BARGAIN, SELL, RELEASE .AND FOREVER QUIT CLAIM
unto SIAVOSH JAHANI ("Grantee"), whose mailing address is 4127 Rainsong Drive, Dallas, Texas 75287, any and all right, title and interest of Grantor in and to that certain tract or parcel
of land lying in the County of Smith, State of Texas, described as follows: All that certain tract or parcel of land situated in Dallas County, Texas, out of the E. Cook Survey, and
located in the town ofAddison, Texas, and Beginning at the southeast corner ofa lot in the same same survey deeded by S. S. Noell to W. H. Atkins, on November 14,1908; Thence west with
the south line of same 251-112 feet to the east line of the St. Louis & Southwestern Railroad right of way; Thence south with the said right ofway, 150 feet to a stake; Thence East 204-112
feet to the Noell public road; Thence north along the west boundary line of said road ISO feet to the place of beginning (the "Property"); This deed is being executed by Grantor to evidence
its waiver of any claims in and to the Property which may arise to any gaps, gores or strips within the Property due to discrepancies in the legal descriptions contained in the chain
of title for the Property; • TO HAVE .AND TO HOLD the said premises, together with all and singular the rights, privileges and appurtenances thereto in any manner belonging unto the
said Grantor, its successors and assigns, so that neither Grantor nor any person or persons claiming under Grantor shall, at any time hereafter, have claim or demand any right or title
to the Property or any part thereof. 
EXECUTED this __day of_______, 2003. ESTATE OF JAMES E. SAULS, DECEASED By:_____________ Karen A. Fleitman Independent Co-Executor By;______:--:--------CliffRjch Independent Co-Executor
By:____________ Siavosh J ahani Independent Co-Executor NOTARY ACKNOWLEDGMENT STATE OF TEXAS ) COUNTY OF ) This instrument was acknowledged before me this day of--:__--:c---:-____ 2003,
by Karen A. Fleitman, Independent Co-Executor ofthe Estate ofJames E. Sauls, Deceased, on behalfofsaid Estate. Notary Public, State. ofTexas •Print Name:,___________ Commission Expires:
________ 
STATE OF TEXAS ) COUNTY OF ) This instrument was acknowledged before me this day of_________ 2003, by Cliff Rich, Independent Co-Executor ofthe Estate ofJames E. Sauls, Deceased, on
behalf ofsaid Estate. Notary Public, State ofTexas Print 􀁎􀁾􀁥􀀺___________ Commission Expires: ________ STATE OF TEXAS ) COUNTY OF ) This instrument was acknowledged before me this
day of_________ 2003, by Siavosh Jaham, Independent Co-Executor ofthe Estate ofJames E. Sauls, Deceased, on behalfofsaid Estate. Notary Public, State ofTexas Print Name: ____________
Commission Expires: ________ • 
COWLES &THOMPSON A Professional Corporalion ATTORNEYS AND COUNSELORS ANGELA K. WASHINGTON 214.672.2144 AWASHINGTON@COWLESTHOMPSON.COM March 28, 2003 Mr. James C. Mosser Mosser Mailers
PLLC. 17110 Dallas Parkway, Suite 290 Dallas, TX 75248-1115 Re: Proposed Easement Agreement -Cafe Capri Dear Mr. Mosser: Enclosed is the Town of Addison's proposed agreement for the
above-referenced property in final form. In response to your comments, I have made changes to Paragraplr 7, "Signs," to remove references to state and federal law. The paragraph now
reflects that the sign must comply with all applicable law. With respect to the request that Mr. Jahani be made a third-party beneficiary to the contractor's bond, Section 2253.021 (b)
of Chapter 2253, "Public Work Performance and Payment Bonds," of the Texas Government Code provides that the bond is solely for the benefit of the state or governmental entity awarding
the public work contract. Thus, the City cannot legally add Mr. Jahani as a third-party beneficiary. Regarding the public work contract, which is for the construction of right-of-way
for the benefit of the public as a whole, it is not appropriate in our opinion to add an individual property owner as a third party beneficiary and it is unlikely that a contractor would
agree to such a term. We believe, however, that we have appropriately addressed Mr. Jahani's concerns by the provisions contained in Paragraph 8 of the proposed agreement, which require
the City to maintain at least one access point to Addison Road from the Remainder at a reasonable grade. Please provide the enclosed agreement to your client for his consideration and
let us know by April 7, 2003 whether he is agreeable to it. The title company has informed me that there appears to be some sort of discrepancy with respect to the property description
contained in Mr. Jahani's deed. If such discrepancy requires any adjustments to the exhibits, I will let you know. Thank you for your assistance in this matter. Sincerely, 􀀨􀁾􀀩􀀨􀀠Angela
K. Washington Washington AKW/yjr Enclosure qOl MAIN STREET SUITE 4000 DALLAS, TEx .... S :'12)2 ''1; TEL 214.b72.2000 FAX 214.b72.2020 WWW.COWLE5THOMPSON.COM DALLAS T Y L E R 
March 28, 2003 Page 2 c: Mr. Mike Murphy w/Town Mr. Steve Chutchian w/Town Mr. Kenneth C. Dippel w/finn 
EASEMENT AGREEMENT This Agreement is made and entered into by and between Siavish Jabani and the Town of Addison, Texas (the "Town"). WIT N E SSE T H: WHEREAS, Grantor owns 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 and rightof-way in, over, across, upon, under and through the Easement Property for a parkway and other public purposes in connection with
the construction of the Addison Road Extension, and Grantors desire to sell and convey such easement to the Town; NOW, THEREFORE, for and in consideration ofthe mutual covenants and
agreements herein contained, Siavish Jabani and the Town of Addison agree as follows: 1. Grant of 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 Four Thousand Three Hundred Thirty-Eight and 131100 dollars ($34,338.13), 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 ofthe 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 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 sole
discretion, with respect to the Project. The Town may perform all excavation, boring, PARKWA Y EASEMENT (Cafe Capri) -PAGE· I 
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 desirab Ie. B. Grantors acknowledge and agree 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 parties, including the general public, shall acquire any rights in the Easement or the Easement Property as a
result of such use. (ii) Grantors shall not construct or place within the Easement Property any building, fences, 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 parts 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 consjruction, efficiency, or convenient and safe operation ofthe Project or the exercise of the Town's
rights hereunder. C. Grantors, their 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 with the safe and efficient operation ofthe Project. 4. Landscapinl;l & Irril;lation. All landscaping and irrigation to be placed within
the Easement Property shall be installed by and at the expense of the Town. Existing landscaping on the Easement Property or the Remainder that does not conform to the overall landscape
plan for the Addison Road corridor may be removed by and at the expense of the Town. Grantors may review and make comments to the landscape plan for Grantee's consideration. 5. Lil;lbt
Relocation. Any existing ornamental lights to be relocated because ofor in connection with rights granted to or work performed by the Town under this Agreement shall be relocated by
the Town at its sole cost and expense. 6. Drive Approacbes. The two existing drive approaches located on the Easement Property and fronting Addison Road shall be reconstructed and properly
graded by the Town at its sole cost and expense. 7. Signs. The Town may remove and replace any public signs or install any new public signs on the Easement Property. The Town shall remove
one private pole sign located on the Easement Property and shall install one new private sign on the Easement Property. Such sign, which shall be provided and paid for by Grantors, must
comply with all applicable law. The exact location of this private sign shall be mutually determined by by the Town and Grantors. 8. Access. Construction shall be conducted in a manner
that will maintain or provide at least one point of access to Addison Road from the Remainder at all times during construction. This access point must be reasonably graded to allow adequate
access to the Remainder by employees and patrons. PARKWA Y EASEMENT (Cafe Capri) -PAGE· 2 
9. 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 himself, his 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. 10. 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. 11. 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 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. t:z. 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 ofno force and effect. Any subsequent amendment or modification
must be in writing and agreed to by both parties. 13. Authority. The undersigned parties or officers and/or agents ofthe parties hereto are properly authorized and have the necessary
authority to execute this Agreement, and each of the undersigned 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. 14. Binding Effect. This Agreement shall bind and inure to the benefit of the respective parties, their personal representatives, successors, and
assigns. GRANTOR: Executed this __day of______"2003 Siavish Jahani TOWN OF ADDISON Executed this __day of______---', 2003 By: Ron Whitehead, City Manager Town of Addison PARKWAY EASEMENT
(Cafe Capri)-PAGE· 3 
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 Siavish Jahani 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 of office the day and year last above written. Notary Public in and for the State ofTexas MY COMMISSION EXPIRES: [SEAL] PARKWAY EASEMENT (Cafe Capri) -PAGE· 4 
EXHIBIT A 1123102 TOVVN OF ADDISON, TEXAS FIELD NOTE DESCRIPTION FOR JAMES E. SAULS (pARKWAY EASEMENT) BEING a tract out of a 0,774 acre tract ofland located in the Edward Cook Survey,
Abstract No, 326, in the Town of Addison, Dallas County, Texas, conveyed to James E. Sauls, by a deed now of record in Volume 77153, Page 01028, of the Deed Records of Dallas County,
Texas, said tract of land being more particularly descnbed as follows: BEGINNlNG at a point for a comer, said point being the northeast comer of said 0,774 acre tract and the southeast
comer of a 1.00 acre tract of land 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,
and being in the west right-of-way Hne of Addison Road, (generally a 60 foot right-of-way and generally 30 foot to the center line), said point also being N 77° 25'12" E, 339.90 feet
from a found 3/4 iron rod in the west right-of-way of St Louis Southwestern Railroad, (generally a 100 foot right-of-way); THENCE, Due South, along the east line of said 0,774 acre tract,
and along the west right-of-way line of said Addison Road, a distance of 149.29 feet to a point for corner, said point being the southeast corner of said 0.774 acre tract; THENCE, S
89° 43 '30" W along the south line of said 0.774 acre tract, a distance of 8.64 feet to a found 1/2 inch iron rod indicating 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 of Dallas County, Texas, and continuing S 89" 43'30" W along the south line of said
0.774 acre tract and along the north line of said 1.0289 acre tract for a Total Distanee of 20.00 feet to a point for comer; THENCE, Due North for a distance of 149.29 feet to a point
for comer, said point being in the north line of said 0.774 acre tract and in the south Hne of said 1.00 acre tract; THENCE, N 89° 43'30" E along north line of said 0.774 acre and in
the south line of said l.00 acre tract for a 􀁤􀁩􀁳􀁴􀁡􀁾􀁣􀁥􀀠of 20.00 feet to the Point ofBeginning and containing 2,985.75 square feet (0.068 acres) ofland. h 􀁾􀁜􀀹􀁉􀀱􀀴􀀱􀁜􀁥􀁰􀁔􀁴􀀭􀁤􀁯􀁴􀁬􀁰�
�􀀮􀁡􀁴􀀮􀁬􀀮do( 
􀁾􀀺􀁸􀁭􀁂􀁊􀁔􀁂􀀠--------􀁾􀀠􀁾􀁉􀀭􀀭􀀭􀀭􀀭􀀭't 􀀭􀁾􀀧􀀠"" 􀁾􀀠; 􀁾􀁉Ii t;1 S,. \..r:»'<; 1'J'I\..\\ot>!l 􀁳􀁏􀁜􀁬􀁩􀀧􀁲􀁬􀀧􀁬􀀡􀂣􀀮􀁾􀁜􀁴􀁜􀁜􀀱􀁜􀀠------------GARTNER-PLANO 􀁃􀁏􀁾􀁐􀁁􀁎􀁙􀀠VOL
91248, PG. 3622 􀁾􀀭􀀭􀁾􀀳􀀯􀀴􀂷􀀱􀀮􀁉􀁴􀁆􀀮,,,,,, \ \ -􀁾􀁜--􀁾􀀠\ 􀁾􀀺􀀺􀀮􀀠\ 􀀹􀀮􀁾􀁊Ii! .... I 􀁾􀁴􀀭􀀧􀀮􀁜􀀠... "" \ ' \.... , 􀁾􀀬􀀠􀁾􀀠<D \ 8 0 .\ ,, \ \,,􀁴􀁾􀁉􀁅􀁄􀁗􀁁􀁒􀁄􀀠COOK
SURVEY \ i 1/2' 􀁉􀀮􀁒􀀮􀁆􀀮􀁾􀀬􀀠H--􀁾􀀠􀁾􀁉􀀭􀀭x '" -ADDISON 5 89'4)'30-Vi 8.64' ROAD > \'!l ..;., -􀁾􀀮--􀁾􀁉􀀠;;; ,,ASST. NO. 326 , JAMES E, SAULS \, ,VOL 77153, PC. 1028 , , \,,,,PROPOSED
20' PARKWAY EASEMENT NORTH -1.9.29' SOUTH S 89,.3'30' W 20.00' 2.985.75 SQ. fT. O.0fJ8 ACRES \ \,, 149.29' :l; SIS' 1.Rr. W{llC$A _____ _____ ::;::::.;;--' ( ----"'-.S/B· I.R.F. 􀀢􀀭􀁾􀀠THE
FILLING STATION OF ADDISON, INC. VOL 94100, PC. 5577 􀁾􀁊􀀢􀁯􀁩􀁾􀁆􀁪􀀧􀀠 SCAlE:I'=50' . 􀀭􀁾􀀭􀀭􀀽􀀧􀁃􀁲􀀠􀁾􀀢􀁛􀀭􀀮􀀠.􀀢􀀮􀁾􀁾􀁜􀀬..􀁾􀀢􀀬􀁾􀀢􀀯􀁾􀁴􀀮􀀮􀀠􀁾􀀮􀁟", "\'1 􀁾􀀬􀁾􀁜􀀬􀀮􀀬􀁾􀀮􀁾􀁾􀁴􀁾􀀢�
�􀀢􀀠'."e:;, <>'" -:""V' I 􀁾􀁟􀀮􀀬􀀮􀁴􀀮􀀠< • .f\ 􀁾􀀠0 .... .,;;/􀁾􀁾••-::c...􀁾..:. 􀁾􀀻􀁩􀀧􀀠􀁾􀀠".,.-,. ,()•••GlO.O •••••'"' ••••􀀺􀀬􀀮􀀮􀁾􀀠ROSS L. JACOBS .•••, .......... , •••••.•>••.
': "V.A...􀁾􀀩􀀠2398 t-v' 􀀧􀀨􀀢􀀻􀀺􀂷􀀧􀀿􀁾􀁬􀀮􀀧􀁓􀁾􀁉􀁏􀁾􀁾􀀦􀁾􀁾􀁴􀁦􀁏􀀠􀀸􀁕􀁒􀁾􀁙􀀮􀀮􀀧i􀁴􀁦􀁩􀀡􀀭􀀱􀁾􀀩􀀿Ilc4 N 89"43',30· E 􀁾􀁏􀀮􀁏􀁏􀂷􀀠____􀁾􀀱􀀧􀀢ZOO 2POINT OF BEGINNING CONSULTING
ENGINEERS PLAT 2W ..... 􀀭􀀭􀀭􀂷􀁾􀀧􀁉􀁾􀁔􀁾􀁏􀁗􀁾􀁎􀁾􀁏􀁆􀁾􀁁􀁄􀁾􀁄􀁾􀁉􀁓􀁾􀁏􀁾􀁎􀀮􀀭􀁔􀁾􀁅􀁾􀁾􀁾􀁓􀁾􀁉􀀠ADDISON ROAD BELT LINE RD. TO KELLER SPRINGS RD. PARKWAY EASEMENTr IlIRKHOff,
HtNOOICKS <I: C<IIWAY, LlP. JAN., 2002 
EXHIBITC scmmur.E 'W' -U:W\I. DIi.SCIU P,);ION UtiINO. It:ICI Ofl.aftdllfuakd ill tM m,WARU COOK S\JltVl:'Y. AIJ5'rR/lcr HO. 326,1).IIu Cou..,.# Tau. M;,Unl un AtkhlOn 􀁴􀁢􀁾􀀠1ft lhe
􀁔􀁜􀁬􀁷􀁾􀀠I,)f Adt&o.. reuS. thd be In, I'hOtt p.aShtuJ.wI,. dnaibed '" fnlln..·,· tthUtNWIN'O al ,J fl1lM. on the. Wes' line or "Iud AddlSOA Mi\:ld (a t.O rlJ\"tC fOoJdl :uid Jl"l'rII
beillC 314.' • tftl N'0I"th r'aM ftc (enter line or Uek tUM Road (a 100# ro.\d). said P.\iMI Jist> hel"l Ii'.fb lS r,om • 􀁉􀁦􀁾􀀱􀀠Uc.cdt'd III J. M. Pinole tC('('tJdctl ift V"hl-IM
.+15:. Pa.. b-:,I 1)( Ihe D«d Rcctwdl or Oall.l& CUWll,.. 􀁔􀁣􀁵􀁾􀀮􀀠THENCE Soulh 11.,,«s .&, n"ft,"ft SG Keui'ld4 WftI blP..T)' wi.,.. ,,'CIIIld t'cnee tu UOft rutiN 􀁮􀁈􀁦􀁴􀁕􀁾􀀠TlruHCfi
South at ....+3 tninum. 30 M'COW Wes' whh lhe SM'b tine of uid 1. M. I'u". lIMI ':"f.ll' lit trOll fad ,. conwr in lhe r:a$l tiN fl[ 51. I..,." "'" Sou"'WUICln f.l(oW at die 􀀤􀁯􀀢􀀧􀁮􀁲􀁾􀀱􀁦􀀠􀁾􀁉�
�􀁬􀁲􀀠UMI J. M. fI.,-.* 1t'aC,; nflll"fCIi NOIih ., de"",, 36 tni"""" 30 S«tl..... Wesl \\.l" the t:.ai( line ufuMi 􀁲􀀻􀁩􀁪􀁾􀁤􀀠.S7,13· (u irott,,",,, far c.Q:ler; TIU!NCC: tfnrth'.,dc:ana
4) fli",*, )01ICCbfXh E.ut 'U9"41"10 lion rod fnr C&'In" 1. \he Ww Ii.. Ill ..... Mol.... R...., 1111!.NCIi _ ,.ilh ..... Ad4i_ 110M 􀁉􀁾􀀧􀀮􀁓􀁏􀀧􀀠... MINT OF BECiINN1NCi .........i.i••
0.'" oc.."" lUll *1-
COWLES &THOMPSON A Prof.essional Corporation ATTORNEYS AND COUNSELORS ANGELAK. WASHINGTON 214,672.2144 AWA5HrNG10N@COWLESTHOMPSOH,COM November 15, 2002 Mr. Steve Chutchian Assistant
City Engineer Town of Addison P.O. Box 9010 Addison, TX 75001-9010 RE: Parcell (Cafe Capri), Addison Road Extension Project Dear Steve: As promised in my e-mail sent earlier today, enclosed
is the Easement Agreement with all exhibits (Exhibits A, B, and C) and the draft cover letter for the above-referenced property. If you need anything further or if you have any questions
or concerns, please give me a call. 4{Y'YAngela K. Washington r-1/AKW/yjr Enclosures c(w/o Enclosures): Mr. Mike Murphy Mr. Ken C. Dippel 901 MAIN STREET SUITE 4000 DALLAS, TEXAS 75202:<3-793
o ALL A S T Y L E R TEL 214.672.20()Q FAX 214,672.2020 Dc.:uffiCm II: 1028'114 WWW.t.OWLESTlHlMPSON.COM 
Steve Chutchian To: Washington, Angela Subject: RE: Cafe Capri Parkway Easement -Parcel 1, Addison Rd Extension Hi Angela -I reviewed the document and have the following comments: 􀁡􀁾􀀠Exhihits
"An & US" are the legal description and map respectively. I don't really have another drawing of the remainder, other than what is shown is Exhibit "A", Do we need an Exhibit ,teU ?
b" Page 2, Item 6. I suggest the following: "approximately 7 feet west of their original location. II c. Page 2, Item 7., suggest the following: "The Town may remove and replace any
public signs Or install any neW public signs on the Easement Property. The Town shall also remove one private pole sign and shall install one new private sign on the Easement Property,
with exact location to be mutually determined by the Town and the Owner. Such sign, which shall be provided and paid for by Grantors, must comply with all applicable ordinances and regulations
of the Town and of state and federal law,," If you have any questions or comments regarding the above comments¥ please let me know. Thanks. Steve C. -----Original Message----From: Washington,
Angela [mailto:awashington@cowlesthompson.com] Sent: Tuesday, November 12, 2002 5:35 PM To: Steve Chutchian (E-mail) Cc: 'mmurphy@ci.addison.tx.us'; DIPPEL, KEN Subject: Cafe Capri Parkway
Easement -Parcell, Addison Rd Extension Steve Enclosed is a draft agreement for the parkway easement for Parcell, Addison Rd Extension Project (Cafe Capri property). Please review the
draft to ensure that it meets with the Town 1 s 􀁩􀁮􀁴􀁥􀁮􀁴􀁾􀀠Please note on Page 2 that I have left a blank in Number 6 for you to fill in the approximate location changes for the
drive approaches. Also on Page 2, I have provided for an Exhibit D to show the approximate location of the sign in Number 7. Let me know if this works for you. If the document is in
order, I will prepare the cover letter addressing matters not included in the 􀁡􀁧􀁲􀁥􀁥􀁭􀁥􀁮􀁴􀁾􀀠To whom should it be directed? The proposal addressed to Pat Haggerty from Cafe Capri
does not contain a 􀁮􀁡􀁭􀁥􀁾􀀠Angela «Cafe Capri Parkway Ease» 1 
FE8 1S 2003 11:57 TOWN OF ADDISON 672"1-602837 p.2 COWLES &THOMPSON 2-107__3 s., lIFM f"A:1:IMTOWIll 17 AOOlSilN il7:ol 4SG!l 70<U P,2 Pi., ,. 􀁾􀀶􀀶􀁾􀀠1·1&.. 􀁩􀁾􀁉􀁾􀀡􀀱􀀠􀁾􀁌􀁉􀁁􀀡􀀠􀁾􀁌􀁬􀁴􀀠,il"'$ . n B. "'4· ., ,. '..·r:,' 􀀻􀁾􀀻􀀬􀀺􀀠􀀺􀁾􀀺􀀠':: t .: . , " .. ":.." 􀁾􀀧􀁬􀀧􀀠::,
. i: j..1;'FEB -7 m 􀁪􀁾􀀻􀀧􀀠: :"_--••--_••• 1 *, .. J 􀁾􀀠".. '" 􀁟􀀢􀁾􀀠\;: 􀀯􀁜􀀺􀀺􀀧􀀻􀀢􀁾􀁾􀀻􀀻􀀮􀀢􀀠t· 
FEB 19 2003 11,57 TOWN OF 􀁁􀁉􀁬􀁉􀁬􀁈􀁩􀁏􀁾􀀱􀀠, , . 1M 1".1 TC 􀁾􀀢􀀢􀀺􀀢􀀠tl ....... f:􀁾'-;f) Af' .I /-l.4 If: te> "1. """€. 􀁾As 􀁐􀀧􀁩􀁴􀀺􀀮􀀮􀁾􀀠􀁾􀁥􀀠I I I ,i , ! j I ! I I ",

FEB 19 2003 11,57 TOWN OF nDDISOti S'7 􀀲􀀴􀀵􀀰􀀲􀁾􀀳􀁂􀀷􀀠;.3.+ i .,,' iii! FEll-le-21il03 11 '27 COIJ...ES 8. lHOHP50N 2146722020 FRQI.< TOWN OF ADDISCi'I $12 4'21 ?ellS 􀀮􀁏􀀤􀁓􀁅􀁾􀀠􀁾􀁁􀁬􀁌􀁅􀁾�
�􀀠PLLC LatYlrl Ha.8m f· 2 ,I . I , I· i I ! TOTFi... P.04 
COWLES &THOMPSONl.Isd A Professional Corporation􀁾􀀢􀀭􀀷􀀧􀀠1978-2003 ATTORNEYS AND COUNSELORS ANGE\.A K. WASHINGTOH 214.$,72.2144 AWASHINGTON@COWLESTHOMPSON.COM May 8,2003 Mr. James
C. Mosser Mosser Mailers PLLC. 17110 Dallas Parkway, Suite 290 Dallas, TX 75248-1115 Re: Parcell (Cafe Capri), Addison Road Widening Project Dear Mr. Mosser: Pursuant to the request
ofMr. Siavish Jahani to Town of Addison's Public Works Director, Mike Murphy, enclosed is an amended Agreement for the above-referenced property. The document is redlined for your convenience.
I am also enclosing a clean copy of the Agreement for execution by Mr. Jahani. The redlined document shows all substantive changes made. Cleanup changes that were made and not shown
in the redlined document consist of changing the tenn "Grantors" to "Grantor" throughout the document. Thank you for your attention to this matter. Sincerely, 􀀨􀀯􀁾􀀻􀁾􀁦􀀮􀁲􀁙􀁾􀀠Angela
K. Washington AKW/yjr Enclosures c(wlEnclosures): Mr. :Mike Murphy w/Town Mr. Steve Chutchian wlTown (w/o Enclosures): Mr. Kenneth C. Dippel w/finn 901 MAIN STREET SUITE 4000 DALLAS,
TEXAS 75202·3793 DALLAS T Y L E R TEL 214.672.2000 FAX 2l4.o72.2iJ20 D.xunu:nU: !OS!2l' WWW.CQWLESTtiOMPSON COM 
EASEMENT AGREEMENT This Agreement is made and entered into by and between Siavish Jahani and the Town of Addison, Texas (the "Town"). WIT N E SSE T H: WHEREAS, Grantor owns 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 and rightof-way in, over, across, upon, under and through the Easement Property for a parkway and other public purposes in connection with
the construction ofthe 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, Siavish Jahani and the Town of Addison agree as follows: 1. Grant of 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 Four Thousand Three Hundred Thirty-Eight and 131100 dollars ($34,338.13), 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. 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 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 parties, 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, fences, wall, plant, or other structure, improvement, or growth of any character or type which would interfere, in the Town's sole detemlination, 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 parts 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 ofthe Town, may endanger or in any way interfere with the construction,
efficiency, or convenient and safe operation of the Project or the exercise ofthe Town's rights hereunder. C. Grantor, his 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. Landscaping & Irrigation. All landscaping and irrigation to be placed within the Easement Property shall be installed by and at the expense of the Town. Existing landscaping on the
Easement Property or the Remainder that does not conform to the overall landscape plan for the Addison Road corridor may be removed by and at the expense of the Town. Grantor may review
and make comments to the landscape plan for Grantee's consideration. 5. Light Relocation. Any existing ornamental lights to be relocated because ofor in connection with rights granted
to or work performed by the Town under this Agreement shall be relocated by the Town at its sole cost and expense. 6. Drive Approaches. The two existing drive approaches located on the
Easement Property and fronting Addison Road shall be reconstructed and properly graded by the Town at its sole cost and expense. 7. Signs. The Town may remove and replace any public
signs or install any new public signs on the Easement Property. The Town shall remove one private pole sign located on the Easement Property and shall install one new private sign on
the Easement Property. Such sign, which shall be provided and paid for by Grantor, must comply with all applicable law. The exact location ofthis private sign shall be mutually determined
by the Town and Grantor. During its installation ofthe sign, the Town shall install electrical connections for the the sign. Grantor shall be solelv responsible for monthly electric
bills and any other costs associated with the operation ofthe sign Landscaping on the Easement Propertv shall be maintained by the Town in a manner that will not obstruct visibility
ofthe sign from the adjacent roadway. 8. Access. Construction shaH be conducted in a manner that will maintain or orovide at least one ooint of access to Addison Road from the Remainder
at all times during 
construction. This access point must be reasonably graded to allow adeqnate access to the Remainder by employees and patrons. 9. 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 himself, his 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. 10. 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. 11. Governing Law; Venue. In the event of any action under tbis 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 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. 12. 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. 13. Authority.
The undersigned parties or officers andlor agents ofthe parties hereto are properly authorized and have the necessary authority to execute this Agreement, and each of the undersigned
undersigned 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. 14. Binding
Effect. This Agreement shall bind and inure to the benefit of the respective parties, their personal representatives, successors, and assigns. GRANTOR: Executed this __day of______,
2003 Siavish Jahani TOWN OF ADDISON Executed this __day of______--', 2003 By: Ron Whitehead, City Manager Town ofAddison 
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 Siavish Jahani 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 State of Texas MY COMMISSION EXPIRES: [SEAL] 
EASEMENT AGREEMENT This Agreement is made and entered into by and between Siavish Jahani and the Town of Addison, Texas (the "Town"). WITNESSETH: WHEREAS, Grantor owns 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 and rightof-way in, over, across, upon, under and through the Easement Property for a parkway 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, Siavish Jahani 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 Four Thousand Three Hundred Thirty-Eight and 13/100 dollars ($34,338.13), the receipt and sufficiency
of which is acknowledged as full compensation for the I'asemeat, 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 ofthe 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 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 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
PARKWAY EASEMENT (Cllit Capri}-f'.le I DocIlMtrtt #: 􀁗􀀴􀁾196 
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 parties, 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, fences, 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 parts 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 ofthe 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, his 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. Landscaping & Irrigation. All landscaping and irrigation to be placed within the Easement Property shall be installed by and at the expense of the Town. Existing landscaping on the
Easement Property or the Remainder that does not conform to the overall landscape plan for the Addison Road corridor may be removed by and at the expense of the Town. Grantor may review
and make comments to the landscape plan for Grantee's consideration. 5. Light Relocation. Any existing omamentallights to be relocated because ofor in connection with rights granted
to or work performed by the Town under this Agreement shall be relocated by the Town at its role cost and expense. 6. Drive Approaches. The two existing drive approaches located on the
Easement Property and fronting Addison Road shall be reconstructed and properly graded by the Town at its sole cost and expense. 7. Signs. The Town may remove and replace any public
signs or install any new public signs on the Easement Property. The Town shall remove one private pole sign located on the Easement Property and shall install one new private sign on
the Easement Property. Such sign, which shall be provided and paid for by Grantor, mnst comply with all applicable law. The exact location ofthis private sign shall be mutually determined
by the Town and Grantor. During its installation ofthe sign, the Town shall install electrical connections for the sign. Grantor shall be solely responsible for monthly electric bills
and any other costs associated with the operation ofthe sign. Landscaping on the Easement Property shall be maintained by the Town in a manner that will not obstruct visibility ofthe
sign from the adjacent roadway. 8. Access. Construction shall be conducted in a manner that will maintain or provide at least one point of access to Addison Road from the Remainder at
all times during PARKWAY EASEMENT (CaIlCIlprf)-P.a&cl 􀁾􀁎􀀻􀁊􀀰􀀴􀀡􀁮􀀹􀀶􀀠
construction. This access point must be reasonably graded to allow adequate access to the Remainder by employees and patrons. 9. Warranty of Title. TO HAVB 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 himself, his 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. 10. Exclusiveness
of Easement. The easement, rights, and privileges granted by this conveyance are 􀁥􀁸􀁣􀁬􀁵􀁳􀀻􀁖􀁉􀀧􀁾􀀧􀀭􀀮􀀠and Grantor covenants not to convey any other easement or conflicting rights
in the area covered by this grant. 11. Governing Law: Venue. In the event of any action under this 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 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 oflaw provisions)
to the governing, interpretation, validity and enforcement ofthis Agreement. 12. 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 ofno force and effect. Any subsequent amendment or modification must be in writing and agreed to
by both parties. 13. Authority. The undersigned parties or officers and/or agents ofthe parties hereto are properly authorized and have the necessary authority to execute this Agreement,
and each of the undersigned 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.
14. Binding Effect. This Agreement shall bind and inure to the benefit of the respective parties, their personal representatives, successors, and assiglls. GRANTOR: Executed this __day
of_____--', 2003 Siavish Jahani TOWN OF ADDISON Executed this __day of______--', 2003 By: Ron Whitehead, City Manager Town of Addison PARJ(WA Y f..ASEMENT (Cafi CA:priJ -'_Ie .1 Docummt':
1045196
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 Siavish Jahani and acknowledged
to me that he executed the same as his free and voluntary act and deed, for the uses and pwposes 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 instrwnent, the person or entity upon behalf of which he acted executed the instrwnent 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] PARKWAY EASEMENT 􀀨􀁣􀀮􀁲􀁾􀁃􀀮􀁰􀁲􀁬􀀩􀀠-􀁲􀀮􀁾..
Document II; I04SI96 
I Steve Chutchian From: Washington, Angela [awashinglon@cowlesthompson.coml Sent: Wednesday, April 30, 2003 12:07 PM To: Mike Murphy; Sieve Chutchian Cc: DIPPEL, KEN Subject: Parcel
2, Addison Road Extension Project (Cafe Capri) Importance: High received a telephone call today from James Mosser, Mr. Jahani's attorney, regarding the proposed agreement for the above-referenced
property. He again wanted to discuss adding Mr. Jahani to the bond and the contract. After I pointed out to him that I had egplained in my letter that we could not add Mr. Jahani to
the bond and quoted the relevant state statute, he continued to request addition to the contract. I advised him that we are not willing to do that. He also still wants a time certain
for completion of construction6 He was unaware that Mr. Jahani had contacted us regarding clearing up the discrepancy in the deed, which I told him I interpreted to mean that there were
no longer issues with the proposed contract. I advised that he contact his client regarding this matter and that he put in writing any and all issues they had with the proposed contract.
I will keep you apprised of this matter. 1 
EASEMENT AGREEMENT This Agreement is made and entered into by and between Siavish Jahani, Karen A. Fleitman and Cliff Rich, Individually and as Co-Independent Executors of the Estate
ofJames E. Sauls, Deceased ("Grantors"), and the Town of Addison, Texas (the "Town"). WITNESS ETH: WHEREAS, Grantors, Individually and as Co-Independent Executors of the Estate of James
E. Sauls, Deceased, own 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 Grantors desire to sell and convey such easement to the Town; NOW, THEREFORE, for and in consideration
of the mutual covenants and agreements herein contained, Siavish Jahani, Individually and as Co-Independent Executor of the Estate of James E. Sauls, Deceased, and Karen A. Fleitman
and Cliff Rich, as Co-Independent Executors of the Estate of James E. Sauls, Deceased, and the Town of Addison 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, Grantors have GRANTED, SOLD AND CONVEYED, and by theses
presents do 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, nnder 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 Grantors of the sum of Twenty Nine Thousand Eight Hundred Fifty and No/lOO dollars
($29,850.00), 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 Grantors 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 meari that property described in attached 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 connection with activities PARKWAY EASEMENT(SaulsEstate)-PAGE-1 
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. Grantors acknowledge
and agree 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) Grantors shall not construct or place within the Easement
Property any building, fences, 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 parts 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. Grantors, their
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 with the safe and efficient operation of the Project. 4. Landscaping & Irrigation. All landscaping and irrigation to be placed within the Easement Property shall be installed
by and at the expense of the Town. 5. Light Relocation. Any existing ornamental lights to be relocated because of or in connection with rights granted to or work performed by the Town
under this Agreement shall be relocated by the Town at its sole cost and expense. 6. Drive Approaches. The two existing drive approaches located on the Easement Property fronting Addison
Road shall be reconstructed by the Town within the Easement area approximately seven (7) feet west of their original location. 7. Signs. The Town may remove and replace any public signs
or install any new public signs on the Easement Property. The Town shall remove one private pole sign located on the Easement Property and shall install one new private sign on the Easement
Property. Such sign, which shall be provided and paid for by Grantors, must comply with all applicable ordinances and regulations of the Town and of state and federal law. The exact
location of this private sign shall be mutually determined by the Town and Grantors. PARKWAY EASEMENT (Sauls Estate)-PAGE-2 
8. Access. Construction shall be conducted in a manner that will maintain or provide at least one point of access to Addison Road from the Remainder at all times during such construction.
9. Warranty ofTitle. TO HAVE AND TO HOLD the Easements, 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 Grantors do hereby bind themselves, their 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. 10. Exclusiveness of Easement. The easement, rights, and privileges granted by this conveyance are exclusive, and Grantors covenant not to
convey any other easement or conflicting rights in the area covered by this grant. 11. Governinll 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
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 oflaw provisions) to the governing, interpretation, validity and enforcement ofthis Agreement. 12. 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. 13. Authority. The undersigned parties or officers andior agents ofthe parties hereto are properly authorized and have the necessary
authority to execute this Agreement, and each of the undersigned 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. 14. Bindinll Effect. This Agreement shall bind and inure to the benefit of the respective parties, their personal representatives, successors, and
assigns. GRANTORS: Executed this __day _____--'2002 Siavish Jahani PARKWAY EASEMENT (Saul' Estate)-PAGE·) Document It: 10:<8066 
Executed this __day of______, 2002 Karen A. Fleitman Executed this __day of_______" 2002 Cliff Rich TOWN OF ADDISON Executed this __day By: STATE OF TEXAS COUNTY OF DALLAS _______,2002
Ron Whitehead, City Manager Town ofAddison § § BEFORE ME, the undersigned notary public in and for said county and state, on this ---:_-,-day of , 2002, personally appeared Siavish Jahani,
Individually and as Co-Independent Executor ofthe estate of James E. Sauls, Deceased, and acknowledged to me that he executed the same in his authorized capacity and 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] PARKWAY EASEMENT (Saul, Es<a'e)-PAGE-4 Document 4: IOZS066 
STATE OF TEXAS § COUNTY OF DALLAS § BEFORE ME, the undersigned notary public in and for said county and state, on this ::-__ day of , 2002, personally appeared Cliff Rich, as Co-Independent
Executor of the estate of James E. Sauls, Deceased, and acknowledged to me that he executed the same in his authorized capacity and as his free and voluntary act and deed, 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 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 , 2002, personally appeared Karen A. Fleitman, as Co-Independent
Executor of the estate of James E. Sauls, Deceased, and acknowledged to me that she executed the same in her authorized capacity and as her 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 of Texas MY COMMISSION EXPIRES: [SEAL] PARKWAY
EASEMENT (Sauls Estate)-PAGE -5 
STATE OF TEXAS § COUNTY 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 capaci ty, 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 of Texas MY COMMlSSrON EXPIRES: [SEAL) PARKWAY EASEMENT (Sauls Estate)-PAGE -6 
EXHIBITC BEING A tract of land situated in the Edward Cook Survey, Abstract No. 326, Dallas County, Texas, located on Addison Road in the town of Addison, Texas, and being more particularly
described as follows: BEGINNING at a point on the West line of said Addison Road (a 60 foot road) said point being 314.5 + feet North from the center line of Belt Line Road (a 100' road),
said point also being North 2.5' from a tract deeded to J. M. Pistole recorded in Vol. 485, page 624 of the Deed Records of Dallas County, Texas; THENCE S 88 deg. 47 min. 56 sec. West
67.73' with a wood fence to iron rod for comer; . THENCE S with said fence 1.4' to iron rod for comer of the South line of J. M. Pistole Tract; THENCE S 89 deg. 43 min. 30 sec W with
the South line of said J. M. Pistole Tract 134.18' to iron rod for comer in the East line of St. Louis and Southwestern railroad at the S.W. comer of said J. M. Pistol tract; THENCE
N 17 deg. 36 min. 30 sec. W with the East line of said railroad 157.13' to iron rod for comer; THENCE N 89 deg. 43 min. 30 sec. E 249.41' to iron rod for comer in the West line of said
Addison Road; THENCE South with said Addison Road 147.50' to POINT OF BEGINNING and containing 0.774 acres or 33.713 square feet. 
EXHffilTA 1123102 TOWN .OF ADDISON, TEXAS FIELD NOTE DESCRIPTION FOR JAMES E. SAULS (pARKWAY EASEMENT) BEING a tract out of a 0.774 acre tract of land located in the Edward Cook Survey,
Abstract No. 326, in the Town of Addison, Dallas County, Texas, conveyed to James E. Sauls, by a deed now of record in Volume 77153, Page 01028, of the Deed Records of Dallas County,
Texas, said tract of land being more particularly descnbed as follows: BEGINNING at a point for a comer, said point being the northeast comer of said 0.774 acre tract and the southeast
comer oca LOO acre tract ofland 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, 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 77· 25'12" E, 339.90 feet from
a found 3/4 iron rod in the west right-of-way of St Louis Southwestern Railroad, (generally a 100 foot right-of-way); THENCE, Due South, along the east line of said 0.774 acre tract,
and along the west right-of-way line ofsaid Addison Road, a distance of 149.29 feet to a point for comer, said point being the southeast corner of said' 0.774 acre tract; THENCE, S 89°
43'30" Walong the south line of said 0.774 acre tract, a distance of 8.64 feet to a found 112 inch iron rod indicating 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 the Deed Records of Dallas County, Texas, and continuing S 89° 43 '30" W along the south line of said 0.774
acre tract and along the north line of said 1.0289 acre tract for a Total Distance of 20.00 feet to a point for corner; THENCE, Due North for a distance of 149.29 feet to a point for
corner, said point being in the north line of said 0.774 acre tract and in the south line of said LOO acre tract; THENCE, N 89° 43 '30" E along north line of said 0.774 acre and in the
south line of said 1.00 acre tract for a distance of 20,00 feet to the Point of Beginning and containing 2,985.75 square feet (0.068 acres) ofland, 
EASEMENT AGREEMENT This Agreement is made and entered into by and between Siavish Jahani, Karen A. Fleitrnan and Cliff Rich, Individually and as Co-Independent Executors ofthe Estate
ofJames E, Sauls, Deceased ("Grantors"), and the Town of Addison, Texas (the "Town"), W ITNESSE TH: WHEREAS, Grantors, Individually and as Co-Independent Executors of the Estate of James
E, Sauls, Deceased, own 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 Grantors desire to sell and convey such easement to the Town; NOW, THEREFORE, for and in consideration
ofthe mutual covenants and agreements herein contained, Siavish Jaham, Individually and as Co-Independent Executor of the Estate of James E. Sauls, Deceased, and Karen A. Fleitman and
Cliff Rich, as Co-Independent Executors ofthe Estate ofJames E, Sauls, Deceased, 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, Grantors have GRANTED, SOLD AND CONVEYED, and by theses presents
do 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 Grantors ofthe sum of Twenty Nine Thousand Eight Hundred Fifty and No/IOO dollars ($29,850,00),
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 Grantors that may be claimed or asserted by virtue of such grant, sale and conveyance and use ofthe 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(.!ixhibit 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 PARKWAY EASEMENT (Sauls ES1aIe) -PAGE -I 
I I relating to the construction, placement, installation, reconstruction, relocation, alteration, I 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. Grantors acknowledge
and agree 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) Grantors shall not construct or place within the Easement
Property any building, fences, 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 parts 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 ofthe 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. Grantors, their 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 with the safe and efficient operation ofthe Project.
.I4. Landscaping & Irrigation. All landscaping and irrigation to be placed within the Easement Property shall be installed by and at the expense ofthe Town . .,; 5. Light Relocation.
Any existing ornamental lights to be relocated because of or in connection with rights granted to or work performed by the Town under this Agreement shall be relocated by the Town at
its sole cost and expense. 6. Drive Approaches. The two existing drive approaches located on the Easement Property fronting Addison Road shall be reconstructed by the Town within the
Easement area .,/approximately 7 feet back from their original location. A<, Frf1)/,1I.. 'v' '(l+A<Ic-r ",,,4-11_ "hVT:/.}1J n{(\vf!i A""'< 􀁾􀀱􀁾􀀠􀁍􀀺􀀻􀀮􀀻􀁾􀀧􀁍􀁜􀀱􀀠0:7 TN? \ 􀁜􀁾􀀬􀀬􀀭􀀭􀁉􀁖􀁗�
�􀀠</-iJ '"A{t{ 7. Signs. 􀀿􀁉􀁾􀁴􀁬􀀰􀁷􀁮􀀠may remove any existingVsigns on th Easement Property, but shall install one new"slgn on 0f a4jtteem is the Easement Property, .. . Such sign,
which shall be provided and paid for by Grantors, must comply with all applicable ordinances and regulations ofthe Town and of state and federal law. PARKWAY EASEMENT (S.ul. Estate)
-PAGE· 2 
8. Access. Construction shall be conducted in a manner that will maintain or provide at least one point ofaccess to Addison Road from the Remainder at all times during such construction.
9. Warranty of Title. TO HAVE AND TO HOLD the Easements, 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 Grantors do hereby bind themselves, their 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. 10. Exclusiveness ofEasement. The easement, rights, and privileges granted by this conveyance are exclusive, and Grantors covenant not to
convey any other easement or conflicting rights in the area covered by this grant. n. Governing Law; 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 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. 12. 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 ofno furce and effect. Any subsequent amendment or modification
must be in writing and agreed to by both parties. 13. Autbority. The undersigned parties or officers and/or agents ofthe parties hereto are properly authorized and have the necessary
authority to execute this Agreement, and each of the undersigned 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. 14. Binding Effect. This Agreement shall bind and inure to the benefit of the respective parties, their personal representatives, successors, and
assigns. GRANTORS: Executed this __day of______-', 2002 Slavish Jabani PARKWAY EASEMENT (Sauls _e)-PAGE·3 
//Executed this __day _ ....____-' 2002 Karen A. F1eitman Executed this __day _____-' 2002 Cliff Rich TOWN OF ADDISON Executed this __day of______--', 2002 By: Ron Whitehead, City Manager
Town ofAddison STATE OF TEXAS § COUNTY OF DALLAS § BEFORE ME, the undersigned notary public in and for said county and state, on this --:c---= day of , 2002, personally appeared Siavish
Jahani, Individually and as Co-Independent Executor ofthe estate ofJames E. Sauls, Deceased, and acknowledged to me that he executed the same in his authorized capacity and 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] PARKWAY EASEMENT (Sauls Estate)-PAGE-4 
I STATE OF TEXAS § COUNTY OF DALLAS § BEFORE ME, the undersigned notary public in and for said county and state, on this =-__day 2002, personally appeared Cliff Rich, as Co-Independent
Executor of the estate James E. Sauls, Deceased, and acknowledged to me that he executed the same in his authorized capacity and as his free and voluntary act and deed, for the uses
and purposes therein set furth, 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 , 2002, personally appeared Karen A Fleitman, as Co-Independent
Executor of the estate of James E, Sauls, Deceased, and acknowledged to me that she executed the same in her authorized capacity and as her 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] PARKWAY
EASEMENT (Saul; E»Iate) -PAGE -5 
STATE OF TEXAS § COUNTY 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] PARKWAY EASEMENT (Sauls Estate)-PAGE·6 
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(}It,' v,;; wIJ-"1 IJ J,!fi u:r 􀁾􀀮􀁑􀀮-vi 2.-5 -r() 3 0 􀁆􀀵􀁾􀀧􀁊􀀠-;J::nlrTo P/7/l..\J4f.JJ 4f-􀀻􀀺􀀮􀁴􀀺􀀺􀀮􀁲􀁶􀁾􀀮􀀮􀀮􀁌􀁌􀀠rfo 􀁴􀁉􀁉􀁎􀁾􀀠
CAFE CAPRI PAGE 02 􀁾􀁾􀀯􀁌􀁉􀁻􀁌􀁾􀁾􀁌􀀠􀀱􀁾􀀺􀀲􀀸􀀠972-9608687 C{t+ C{tafou' 15107 Addison Road at Beltline Dallas, Texas 75248 214·960-8682 CE> P<wt I'o;t. G {Llr/k. rtJ 1k..t 􀀾􀁾􀀠@􀁾􀀠/4rNt>.5
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Steve Chutchian To: awashington@cowlesthompson.com Subject: Response from Cafe Capri Angela -as we discussed yesterday, regarding the Cafe Capri response letter, please prepare the contract
of sale & cover letter with certain conditions and comments: a. #1 -the amount of $29,850.00 is acceptable. b. the owner must construct the new sign and Ihe Town will Install it on-site.
It must also meet all Town of Addison Ordinance requirements related to commercial signs. c. all existing light relocations will be performed by Ihe Town, at our expense. d. the Town
will construct and fund the cost of constructing new drive approaches within the limits of the proposed 20 ft. parkway easement. e. landscaping and irrigation shall be installed within
the parkway easement, at the expense of the Town. f. The Town cannot pay any property owner for "loss of business" during construction of municipal improvements. However, the Town willi
maintain access to the site, from Addison Rd., at all times. il you have any questions regarding preparation ofthis contract of sale, please let me know. Your aSSistance is always appreciated.
Thanks. Steve C. 1