1;, " -"JOWLES 􀀦􀁔􀁈􀁏􀁍􀁐􀁓􀀰􀀱􀀬􀁾􀀠􀁾􀀠A Professional Corporation ATTORNEYS AND COUNSELORS --::=:-c:-::==::-------........--.....􀁾.....--ANGELA K, WASHINGTON 214,67:.2144 AWASHINGTON@COWLESTHOMPSON,CO M July 6,2004 VIA FACSIMILE (214) 855-8848 AND REGULAR U.S. MAIL Ms. Patricia A. Sherman Bruce, Esq. Vice President Republic Title ofTexas, Inc. 2626 Howell Street, 10th Floor Dallas, TX 75204-4064 RE: Parcel 4 (Oasis Car Wash I Dyson Enterprises), Addison Widening of Road Project Your File No. GF 02R05317/SJ7 Dear Patricia: I have received and reviewed the draft Purchaser's Statement fur the above-referenced property. The purchase price, as shown on the Easement Agreement forwarded to you by letter dated April 8, 2004, is $33,770.00. As stated in my April 8, 2004 letter, a copy of the easement agreement was inadvertently filed by the Town of Addison. I believe that you have discussed this matter with Janine Barber. I have contacted the seller and advised that you will be in contact regarding documents needed to to complete/ratify the transaction. The contact information for the seller is as follows: Ms. Cindy Pervenanze, President Oasis Car Wash P.O. Box 1187 Addison, TX 75001 Telephone: (972) 692-1086 Ext. 102 Telecopier: (214) 618-5800 Also, in connection with this transaction, I have signed and am enclosing your Deletion of Arbitration Provision form. Thank you for your assistance in this matter. Sincerely, It. Angela K. Washington AKW/yjr Enclosure c(wlEnc.): Mr. Mike Murphy, wiAddison (wlEnc.) Mr. Steve Chutchian, wi Addison (w/oEnc.) Mr. Kenneth C. Dippel, w/firrn 901 MAIN STREET SUlTE 4000 DALLAS, TEXAS 75.2.02·3793 D ALL A S T Y L E R TEL 214,672.2000 FAX 214.'£:'72.2020 WWW.COWLESTHOMPSON.COM OoeuIYCIIt 1'1: ! 114791 G.F. NO. 02ROS317 SJ7 POLICY NO. 0""0'-'1'--____ 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 tq settle a dispute with your Title Insurance Company. However, ifyou agree to arbitrate, you give up your right to take the Title Comp'V'y 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 (sbown below). It allows you or the Company to require arbitration if the amount of insurance is $1,000,000 or less. Ifyou want to retain your right to sue the Company in case of a dispute over a claim, you must request deletion of the arbitration provision before the policy is issued. You can do this by signing this form and returning it to tbe Company at or before the Closing ofyour real estate transaction or by writing to the Company. 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 Schedule B of tbis policy, either the 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 limited 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, uuless 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 shall be arbitrated only when agreed agreed to by both the Company and the Insured. 􀁁􀁲􀁢􀁩􀁴􀁾􀁡􀁴􀁩􀁯􀁮􀀠pursuant to this Policy and under 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 ouly if the laws of the state in which the land is located permih-eourt 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 Tide Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request." I request deletion of the Arbitration provision. *+􀁾􀀮􀀩􀁯􀁯􀀧􀁬D I I 'Thas Dept. of J.nsum.n<:e Ponti: No, T-7 :OWLES &THOMPSO .. A 􀁐􀁲􀁯􀁦􀁾􀁳􀁳􀁩􀁯􀁮􀁡􀁬􀀠Corporation ATTORNEYS ANO COUNSELORS ANGELA K. WASHINGTON 214.672.2144 AWASHINGTON@COWlESTHOMPSON.CQM November 22, 2002 Ms, Cindy Pervenanze, President Oasis Car Wash P.O. Box 1187 Addison, TX 75001 RE: Easement Agreement -15209 Addison Road Dear Cindy: Enclosed is a redlined draft and a clean copy of the amended Easement Agreement for the above-referenced property addressing the changes that you requested, As we discussed. with respect to your concerns regarding the sign to be located between the two driveways, I have changed Paragraph 6 to provide that the exact location is to be mutually determined by the parties. Thus, the location will not be tied to that shown on Exhibit D. [fyou have any concerns regarding this matter or with any of the other changes made, please give me a call to discuss. [f you find the document satisfactory, I will provide finalized documents with all exhibits for your execution upon receipt of the deed. Sincerely, , 􀀮􀁲􀁗􀁪􀀨􀁾􀁊􀁾􀀧􀀧Angela K. Washington AKW/yjr Enclosures c(w/o Enclosures): Mr. Mike Murphy, Director of Public Works Mr. Steve Chutchian, Assistant City Engineer Mr. Kenneth C. Dippel, City Attorney 901 MA!N STREET SUITE 4000 DALLAS T£);.AS 􀀻􀀵􀀲􀀧􀁾􀀲􀀠􀀳􀀺􀀴􀁾􀀠o ALL A S T Y l E R TEL 214.&72.2001} FAX 214 672.2020 WWW.C(}WLESoTHOMPSON.COfA 30WLES &THOMPSO. A Professional Corporation ATTORNEYS AND COUNSELORS ANGELA K. WASHINGTON 214,672.2144 AWASHINGTON@COWLESTHOMPSON,COM May 27, 2004 Ms. Patricia A. Sherman Bruce, Esq. Vice President Republic Title ofTexas, Inc. 2626 Howell Street, 10th Floor Dallas, TX 75204-4064 RE: Parcel 2 -Sultan Cbanaa (Addison Widening ofRoad Project) Your File No. GF 02R05319 Dear Patricia: Enclosed for purposes of recording is the original Easement Agreement. Please let me know when you have obtained all necessary releases. Please give this your immediate attention, as time is now of the essence. If you are not able to clear title by the end of next week, I will need to take the necessary steps to obtain the property by other means. Thank you for your assistance. Sincerely, 􀁾􀁲􀂫􀁪􀀲􀀱Angela K. Washington AKW/Y.ir Enclosure c: Mr. Mike Murphy Mr. Steve Chutchian Mr. Ken C. Dippel 90l MAIN STREET SUITE 4000 DALLAS, TEXAS 75202<3193 DALLAS T Y L E R TEL 214.£'72.2000 FAX 214.612.2020 WWW.COWlE51HOMPSGN.COM OWLES &THOMPS01\ A Professj&nal Corporation GATTORNEYS AND COUNSELORS ANGELA K. WASHINGTON @214.672..2144 AWASHlNGTON@COWLESTHOMPSON.cOM May20,2004 VIA FACSIMILE (214) 855-8848 AND REGULAR U.S. MAIL Ms. Patricia A. Shennan Bruce, Esq. Vice President Republic Title of Texas, Inc. 2626 Howell Street, 10th Floor Dallas, TX 75204-4064 RE: ParcelS (Outback Steakhouse), Addison Widening of Road Project Your File No. GF 02ROS322/SJ7 Dear Patricia: Enclosed in connection with the above-referenced property is the original executed Purchaser's Statement. I have informed the Town of Addison that the closing date is Friday, May 21, 2004 and provided it with the necessary documents, including your wiring instructions. Ifyou any questions or need anything further, please give me a call. Sincerely, 􀁶􀁶􀁾􀀯􀀨􀁲􀁲􀁰􀀠􀁾􀀠Angela K. Washington AKW/Y,jr Enclosure c(w/o Ene.): Mr. MikeMurphy, wffown (w/oEnc.) Mr. Steve Chutchian, wffown (w/o Ene.) Mr. Kenneth C. Dippel, w/firm 901 MAIN STREET SUITE 4000 DALLAS, TEX4S 75202·.3193 DALLAS T Y L E R TEL 214.b72.2000 FAX 214.612.2020 WWW.COWlESTHOttlP50N.C{)M .!!sd 20WLES &THOMPSO., A Professional CorpOration􀁾􀀢􀀧􀀷􀀠1978.2003 ATTORNEYS AND COUNSELORS ANGELA K. WASHINGTON 214.612.2144 AWASHINGTON@COWLESTHOMPSON.COM August 13, 2003 Mr. Leon Scroggins Owens, Clary & Aiken 700 North Pearl Street, Suite 1600 Dallas, TX 75201 RE: Easement Agreement for Parcel 2 (Sultan Chanaa), Addison Widening of Road Project Dear Leon: Enclosed is Mr. Chanaa's executed original of the above-referenced Easement Agreement. The document was approved by the Town of Addison's City Council at its meeting last night. I am forwarding a copy to the Title Company today to begin the closing process. If you have any questions, please do not hesitate to call. Sincerely, An,.,K 􀁷􀁬􀁾􀁲􀁴􀁐􀀭􀀭􀀭􀀭􀀭􀀢􀀢􀀠AKW/yjr Enclosure c(w/o Ene.): Mr. Mike Murphy, wlTown ofAddison Mr. Steve Chutchian, wlTown ofAddison Mr. Ken Dippel, w/firm M􀁾􀁏􀁬􀀠MAIN STREET SUITE 4000 DALLAS, TEXAS 75202 )H3 o ALL A S T Y l E R TEL 214.012 2000 fAX 214.672,2020 WWW.C.OWLESTHOMPSON.COM 􀁾􀁏􀁗􀁌􀁅􀁓􀀠&THOMPSO•.i!5d ~7 A Professional Corporation 1978-2003 ATTORNEYS AND COUNSELORS ANGELA K. WASHINGTON Z14,612.Z144 AWASHINGTON@COWLESTHOMPSON.COM June 23, 2003 VIA HAND DELIVERY Mr. Ron Whitehead City Manager Town ofAddison 5300 Belt Line Road Dallas, TX 75254 HE: Parcel 2 (Sultan Chana a), Addison Widening ofRoad Project Dear Ron: Enclosed are two executed originals of the Easement Agreement for the above-referenced property. Please execute, date, and return both documents. I will then forward one original to the owner's attorney and initiate the closing process. If you have any questions or concerns, please give me a call. Sincerely, AKW/yjr Enclosures c; Mr. Mike Murphy (wlEnclosures) Mr. Steve Chutchian (wlEnclosures) Mr. Ken Dippel 901 MAIN STREET S.UITE 4000 DALLAS, TEXAS 75202·3793 DALLAS T Y L E R TEL 214.672,2000 FAX 214,672.2020 Do<::umcnl # 1057536 WWW.COWLESTHOMPSON.COM EASEMENT AGREEMENT This Agreement is made and entered into by and between Sultana K Chanaa ("Grantor"), and the Town ofAddison, Texas (the "Town"). WIT N E SSE T H: WHEREAS, Grantor is the sole owner of certain real property located in the Town of Addison and described in Exhibit A attached hereto and incorporated herein (the "Easement Property"); and WHEREAS, the Town of Addison intends to construct an extension of Addison Road thtough the Town (the "Addison Road Extension Project"), part of which will be located upon and over the Easement Property; and WHEREAS, the Town desires to acquire an exclusive and perpetual easement in, over, across, upon, under and through the Easement Property for street right-of-way and other public purposes in connection with the construction of the Addison Road Extension, and Grantor desires to sell and convey such easement to the Town; NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, Sultan K Chanaa and the Town ofAddison agree as follows: 1. Grant of Easement. For and in consideration of the sum set forth in 2. below in hand paid by the Town, the receipt and sufficiency of which is hereby acknowledged and coufessed, 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 ofthe sum of Thirty Thousand and No/IOO dollars ($30,000.00), the receipt and sufficiency ofwhich is acknowledged as full compensation for the Easement, any damage to or diminution in value of the Remainder or any other lands or property belonging to Grantor that may be claimed or asserted by virtue of such grant, sale and conveyance and use of the Easement and the Easement Property by the Town, and to avoid the cost and expense of litigation. For purposes of this Agreement, the term "Remainder" shall mean that property described in the Warranty Deed attached as Exhibit C, 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 OoeUIT'.cntf/: 1029S72 sole discretion, with respect to the Project. The Town may perform all excavation, boring, backfilling, embedding, drilling, grading, and other construction activities as the Town from time to time deems necessary, appropriate, or desirable in the Town's sole discretion, with respect to the Project and the improvements within the Easement. The Town shall, at all times, have the right of ingress and egress to and from the Easement and the Easement Property as the Town may deem necessary, appropriate, or desirable. B. Grantor acknowledges and agrees as follows: (i) The Town may authorize and permit third parties to use the Project on such terms as the Town in its sole discretion deems appropriate, but no third parities, including the general public, shall acquire any rights in the Easement or the Easement Property as a result ofsuch use. (ii) Grantor shall not construct or place within the Easement Property any building, fence, wall, plant, or other structure, improvement, or growth of any character or type which would interfere, in the Town's sole determination, with the Easement, with the Project or with any improvements within the Easement. The Town shall have the right to remove, and keep removed, all or part of any such building, fence, plant, or other structure, improvement or growth ofany character or type that is located within the Easement Property and which, in the judgment of the Town, may endanger or in any way interfere with the construction, efficiency, or convenient and safe operation ofthe Project or the exercise of the Town's rights hereunder. C. Grantor, its successors and assigns, may fully nse and enjoy the Easement Property, except that such use and enjoyment shall not hinder, conflict or interfere with the exercise ofthe Town's rights hereunder or with the safe and efficient operation of the Project. 4. Existing Fountains. Existing fountains located in the Easement Area shall remain, and shall be protected during construction. 5. Existing Trees. Existing mature trees removed from the Easement Area due to construction or work performed under this Agreement shall be replaced with three new Red Oak trees and other landscaping and proposed facilities, all of which will be located within the Easement Area as determined by the Town. 6. Warranty of Title. TO HAVE AND TO HOLD the Easement, together with all and singular the rights, privileges, and appurtenances thereto in anywise belonging, unto the Town of Addison, Texas, its successors and assigns; and Grantor does hereby bind itself, its representatives, successors, and assigns to WARRANT AND FOREVER DEFEND all and singular the Easement and rights conveyed in this instrument unto the Town of Addison, Texas, its representatives, successors, and assigns, against every person whomsoever lawfully claiming or to claim all or any part of the interest in the Property. 7. Exclusiveness of Easement. The easement, rights, and privileges granted by this conveyance are exclusive, and Grantor covenants not to convey any other easement or conflicting rights in the area covered by this grant. 8. Governin& 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. 9. Entire Allreement. This Agreement contains the entire agreement between the parties relating to its subject matter. Any oral representations or modifications concerning this Agreement shall be of no force and effect. Any subsequent amendment or modification must be in writing and agreed to by both parties. 10. Authority. The undersigned are the properly authorized officials or persons and have the necessary authority to execute this Agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolutions or other act extending such authority have been duly passed and are now in full force and effect. 11. BindiDlI Effect. This Agreement shall bind and inure to the benefit of the respective parties, their personal representatives, successors, and assigns. Executed this 􀁾day of ·ju...J\.L ,2003 GRANTOR: Sultan K. Cbanaa Executed this __day of_______"2003 TOWN OF ADDISON By: Ron Whitehead, City Manager STATE OF TEXAS § COUNTY OF DALLAS § BEFORE 􀁍􀁾􀀬􀀠the undersigned notary public in and for said county and state, on this 10 day of \ t U\ ( , 2003, personally appeared Sultan K. Chanaa, known to me to be the identical peiton who executed the within and foregoing document, and acknowledged to me that he executed the same as his free and voluntary act and deed, for the uses and purposes therein set forth. GIVEN UNDER my hand and seal of office the day and year last above written. MY COMMISSION EXPIRES: -􀁾􀀢􀀧􀁶􀀮􀁾􀁾􀀠CHRiSTY M. ALEXANDER 􀁾􀀠􀁾􀁜􀀺􀁵􀁝􀀠NOTARY PUBLIC , 􀁾􀁜􀀮􀀵􀀮􀁌􀀴􀀧􀁈􀀠STATE OFTEXAS 􀁾􀀧􀁩􀀢􀀮􀁾--My Comm. Exp. 05-05-07 STATE OF TEXAS § COUNTY OF DALLAS § BEFORE ME, the undersigned notary public in and for said county and state, on this -:-__ day of , 2003, personally appeared Ron Whitehead, City Manager for the Town of Addison, and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person or entity upon behalf of which he acted executed the instrument for the uses and purposes therein set forth. GIVEN UNDER my hand and seal ofoffice the day and year last above written. Notary Public in and for the State ofTexas MY COMMISSION EXPIRES: [SEAL) 5113102EXHIBIT A TOWN OF ADDISON, TEXAS FIELD NOTE DESCRIPTION FOR ADDISON ROAD PARKWAY EASEMENT SULTAN K. CHANAA BEING a parcel of land out of a 0.69 acre tract of land located in the Edward Cook Survey, Abstract No. 326, in the Town of Addison, Dallas County, Texas, conveyed to Sultan K. Chanaa, by a deed now of record in Volume 2000215, Page 01991, ofthe Deed Records ofDallas County, Texas, and being Block I, Lot 2 of the Sambuca IIIFilling Station Addition, an addition to the Town of Addison, Texas, said parcel of land being more partiCUlarly described as follows: BEGINNING at a point for a comer, said point being N 89°49'29" W, 2.00 feet from the southeast comer of said 0.69 acre tract and N 89°49'29" W, 12.00 feet from the northeast comer of a 0.774 acre tract of land conveyed to James E. Sauls, by a deed now of record in Volume 77153, Page 01028, of the Deed Records of Dallas County, Texas, and said northeast comer of 0.744 acre tract being in the west right-of-way line of Addison Road, (generally a 60 foot right-of-way and generally 30 foot to the center line), said Beginning Point being N 00° 49'02" W, 149.31 feet from a found 112 iron rod in the south line of said 0.774 acre tract and also being the northeast comer of a 1.0289 acre tract of land conveyed to Gartner-Plano Company, by a deed now ofrecord in Volume 91248, Page 03622, of the Deed Records ofDallas County, Texas; THENCE N 89° 49'29" W, along the south line of said 0.69 acre tract, and along the north line of said 0.774 acre tract for a distance of8.00 feet to a point for comer; THENCE N 00"13'00" E for a distance of 127.35 feet to a point for comer, said point being in the north line of said 0.69 acre tract and in the south line of a 1,48 acre tract ofland conveyed to Sambuca Partners Limited Partnership IT, L.P. by a deed now of record in Volume 94100, Page 05581 of the Deed Records of Dallas County, Texas; THENCE S 89°29'00" E along the north line ofsaid 0.69 acre tract and the south line ofsaid 1,48 acre tract, a distance of 8.00 feet to a point for comer, said point being N 89° 31 '14" E, 318.89 feet and S 00"13'00" W, 212.21 feet from a found 5/8 iron rod being the southwest comer ofa 1.316 acre tract ofland conveyed to Dyson Enterprises, LP by a deed now ofrecord in Volume 2000034, Page 2494 of the Deed Records of Dallas County, Texas and the northwest comer of said 1,48 acre tract; THENCE S 00·13'00" W, and being 42 feet, more or less, from the centerline of Addison Road, a distance of 127.30 feet to the Point of Beginning and containing 1,018.59 square feet (0.023 acres) ofland. • • 􀁲􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀬􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀁾􀀠 _-----< 􀁾􀀠Rf'\\.RCif>,1) ---H EXHIBITB _-------􀀭􀁾􀀭___ -3/4 LR.F. llltSit.1': ___ SCi'SY.;I ________ 5/8" I R.F....I I \.0\16 S\· 5/8': LR.F. 􀀯􀀭􀀽􀀭􀁾--EDWARD COOK SURVEY : -"====...-.,.6.c:== 􀀬􀀽􀁾􀀠􀁾􀀠SCALE: 1 "=60' -Ii􀁲􀁗􀀯􀀧􀁾􀁾􀀠ABST. NO. 326 . '-5/8" LR.F. z 􀁾ADDISON CP.R CARE 􀁾􀁄􀁄􀁉􀁔􀁩􀀺􀀠-H _ STATION SAMBUCA II/PILLING ADDITION 􀁬􀁾􀀠VOL 871i'i' 􀁰􀁾􀀠T' 􀁾I : SULTAN K. CHANM I VOL. 94117, PG. 06134 􀁾􀀠:3 60.. I 5! 􀁾􀁎􀀠1 􀁾􀀠lLI.INO STA'IlON OP ADDISON. INC...T.... __ 544$ La Sllm. nro DIllao. Tuu 75231 (Dallu CGimIy) SULTAN K. CIIANAA. ..lodmIIuaI c.....1du>Iiaa: 'lbo ..... ofTEN AIID 00/100 OOI.l.'\llS ($IOJIO) ad""'".ond 1114 .-__tho ....ipl "'" lAIf("ient)' of whlcll illietelly _lcdpdadloz ... __01, _'••"""""'0 mlddl"'l' aI .....__ml_,pwdWc _pIOIIIWol}' IlObI 􀁩􀁉􀁉􀀢􀀮􀁾􀀠sum Of IHRig mlNQRIP TWBNTY"fIYE mOWANQ ANQm;l00 OOlLABS!S:W OOO,OQ). beariD8 iDtc:rcU and bct.Dg 􀁐􀁊􀁹􀁡􀁢􀁾to Gtamor.u Ibtmi.D provJdcd. 􀁾same bciDg 􀁾by *"􀁉􀁕􀁾􀁬􀁥VCDdcr'1 Hell alIi1 title rmlocd h=cin_bf 􀁁􀁾􀁡􀁍􀁾􀀴􀁩􀁩􀀴ut'iM1vfliiRuIl.i. l.c "UQ Gr.,..""I&llD:Of w. DcJrrIik.. Tn.IIlCC:.1bc:PmcIObe __ill ... Deed _ 01 DaIl.u ""'"-Y. ,..,.., 8cI.o$ Lof 2. of SAMBUCA WF1LUNO STATION ADDlTtON.1Jl Add.I.IloD 'ID the TOWG of .A.d4ison. Dallas Counl)'. Te.w. 􀁟􀁲􀁾..1ho _ PIaI_r.-Oed =_94117. PIa< 6134 of ... III", _afDall.uCollOl)'. T..... _dn, _ ... __, _.lIId UIlps. oso\nII •..". pm;oll wl1omaoclJCt 1awfvD.)' c:b5mI.ag or to c:lalm tbe lime 01 lilY part tbueof. pa:pt 􀁾to the J'CSCrVations frm:a and UUpOOftl to 􀁾􀁉􀁉􀁄􀁃􀁃aad warn:stY. n.. _'. 11m .pIalII and ItIpOI'iw title •• IIIe _ ... .-__ .... _ is fully paid 􀁾to 111-."..tllI:I>lIm. _ofT.... 􀁾􀀮􀀭􀀨􀁰􀀭􀀩􀀬􀀠Notary'. _isi..ClIpiIa: STA'Il! OF TEXAS COUNTY OF MY-AS 'Iblo 1IIslnuDan .... _ .... bot....... GO "" ..J§III... 11)' SAM y, OOIU'MAN PIIIISIDI!N1' •of ii"siOOiiOIi C]PADDISON. INC. • • T.... __... bcIIo1ll of_ alIJIOI!iIlotI. _111._ • Al'Tl!R RIlCOlIIIlNO RImJII.N TO: 1'iUIP_ IN nIB LAlli OPPlCl! OP: COMMERCIAL I!Sc.ROW COMPANY 1]101 _lid..SW. 400 13101 PnsIooIld.. SIC. 400_.T_'m40 ntUail Tau '1S24O Wl21S 01992 1 EXHIBITC 􀁁􀁬􀁾􀀱􀀱􀁑􀁊􀀠!:VllVO 􀁽􀁦􀁈􀀳􀀧􀁾􀀠;.. I t::;r:) 􀀩􀁦􀀧􀁾􀀧􀀺􀀧􀀧􀀧􀀧􀀠_., .. 00'1 lid 􀁬􀀺􀁾􀁁􀁏􀁬􀁬􀁮􀁇􀁮􀁬􀀠03"'H.:l 1 1 1 1 1 1 1 1 1 • lllD21501993 COWLES &THOMPSON A Professlolial COrporalion ATTORNEYS AND COUNSELORS ANGELA K. WASHINGTON 214.6122144 AWASHINGTON@COWLESTHOMPSON.C:OM June 13, 2003 Mr. Douglas H. Conner Boyle & Lowry 4201 Wingren, Suite 108 Irving, TX 75062 RE: Parcel 2 (Sultan Chanaa), Addison Widening of Road Project Dear Doug: Enclosed is Exhibit A (property description) for the Petition in Condemnation for the abovereferenced property. A hard copy of the petition is also enclosed. As stated in my e-mail sent earlier today, the address for Mr. Chanaa is the address for his son. Thus, alternate service may be necessary and an amendment to the petition to reflect such alternate service may also be necessary. Please let me know how you wish to handle such service. As I also stated in an email to you earlier today, Mr. Chanaa's attorney has told me that he will be sending me an executed Agreement. If the Agreement is not in my hands by the early part of next week, however, we will need to go forward with the filing of the petition. Thank you for your assistance. Sincerely, 􀁾􀁶􀀮4--Angela K. Washington AKW/yjr Enclosures c(w/o Enclosures): Mr. Mike Murphy Mr. Steve Chutchian Mr. Kenneth Dippel 901 MAIN STREET SUITE 40.00. GALLAS, TEX.AS 75202-;3793 DALLAS T Y L E R TEL 214.012.2000-FAX 214.b72.2020 WWW.COWLE5THOMPSON.COM ZOWLES &THOMPSO. A Professional Cprporalior. ATTORNEYS ANO COUNSELORS ANGELA K. WASHINGTON 214,672.2144 AWASI;INGTON@COWLESTHOMPSON£OM June 26, 2003 Mr. Leon Scroggins Owens, Clary & Aiken 700 North Pearl Street, Suite 1600 Dallas, TX 75201 RE: Parcel 2, Sultan Chanaa -Addison Widening of Road Project Dear Leon: Thank you for your letter of June 20, 2003 forwarding the executed Agreement for the above-referenced property. The City Manager has signed off on the Agreement. Because the purchase price is greater than the appraisal amount, however, the Agreement must be approved by the City Council before we can close the transaction. The Agreement is being scheduled on the August 12, 2003 Council Agenda. Once approved by the Council, I will forward to you a fully executed Agreement and instruct the Title Company to proceed with closing of the transaction. Ifyou have any questions or concerns, please give me a call. Sincerely, AK.W/yjr c: Mr. Mike Murphy, wlTown ofAddison Mr. Steve Chutchian, wlTown of Addison Mr. Ken Dippel, w/finn 901 MAIN STREET SUITE 4000 DALLAS, TEXAS 􀀷􀀵􀀲􀁻􀀩􀀲􀁾􀀳􀀷􀀹􀀳􀀠o ALL A 5 T Y L E R TEL 214.672.2000 FAX 214.672.2020 WWW.COWlESTHOl\llP SON.CO!\ll PSd :'::;OWLES &THOMPSO A Professiona! Corporation􀁾􀀷􀀠1978-2003 ATTORNEYS AND COUNSELORS ANGeLA K. WASHINGTON 214,6722144 AWASHINGTON@cowt.ESTHOMPSON.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 Jaham, the Town of Addison is in the process of widening and improving Addison Road and is in the process of acquiring a strip ofland 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 term 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 150-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 ofAddison for the widening ofAddison Road. The QuitClaim Deed is enclosed. Please sign it and have it notarized and retum it to my attention. rwill 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 attorney have any questions or comments, please do not hesitate to call me at the number listed on this letter. Sincerely, . 􀁾􀁽􀀨􀁲􀁙􀁪􀀳􀀭􀀮􀀠Angela K. Washington AKWlyjr AKWlyjr Enclosure c (w/Enc.): Me. Mike Murphy, w/Town ofAddison Mr. Steve Chutchian, w/Town of Addison Me. Ken Dippel, City Attorney 901 MAIN STREET SUITE 4000 DALLAS, TEXAS 7S202-37Q3 DALLAS T Y L E R TEL 214.672.2000 fAX 214.&72.2020 ww\Y,c OWL E5THO M PSON. co hi AFTER RECORDING MAIL TO: Republic Title of Texas, Inc. 2626 Howell Street. 10'" 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, BARGAIN, SELL, RELEASE AND FOREVER QUIT CLAIM unto SIAVOSH JAHANI ("Grantee"), whose mailing address is 4127 RainsongDrive, Dallas, Texas 75287, any and all right, title and interest ofGrantor 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 ofland situated in Dallas County, Texas, out ofthe E. Cook Survey, and located in the town of Addison, Texas, and Beginning at the southeast corner of a 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 St. Louis & Southwestern Railroad right ofway; Thence south with the said right ofway, ISO feet to a stake; Thence East 204-1/2 feet to the Noel! public road; Thence north along the west boundary line of said road J50 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 oftitle 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 Property or any part thereof. EXECUTED this __day of_______, 2003, ESTATE OF JAMES E. SAULS, DECEASED By:,______________________ Karen A Fleitman Independent Co-Executor By;,_______________􀁾_______ Cliff Rich Independent Co-Executor By:____________ Siavosh Jahani Independent Co-Executor NOTARY ACKNOWLEDGMENT STATE OF TEXAS ) CQUNTYOF ) This instrument was acknowledged before me this day of---, ___-,--_______ 2003, by Karen A. Fleitman, Independent Co-Executor of the Estate ofJames E. Sauls, Deceased, on behalfof said Estate, Notary Public, State ofTexas PrirnName:,_____________________ 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 behalfofsaid Estate. Notary Public, State of Texas Print N'!ffie: ___________ Commission Expires: ________ STATE OF TEXAS ) COUNTY OF ) This instrument was acknowledged before me this day of:--_-=--=---:---=:-___ 2003, by Siavosh Jahani, Independent Co-Executor ofthe Estate ofJames E. Sauls, Deceased, on behalfofsaid Estate. Notary Public, State of Texas Print Name: ____________ Commission Expires: ________ ;OWLES &THOMPSOl. A Professional Corporation ATTORNEYS AND COUNSELORS AN;GELA K. WASHINGTON 214.672.2144 A,WASHINGTON@COWLESTHOMPSON.COM May 29,2003 Mr. Mark Knutson Tharaldson Companies 1201 Page Drive Fargo, ND 58103 RE: Addison Restaurant Park -Lots 4 and 5 Dear Mark: As we discussed, the Town of Addison has discovered that it owns a portion of the property for which we previously negotiated. Enclosed you will find a replacement Contract of Sale, Rightof-Way Deed, and Temporary Construction Easement reflecting adjustments to the amount of property involved with appropriate reductions in purchase price for execution by the appropriate party. Please let me know if you have any questions or concerns. Thank you for your attention to this matter. Sincerely, <==:YhL )I. ) 7;/J_._) Angela K. Washington AKW/yjr Enclosures c(w/o Enclosures): Mr. Mike Murphy, w/Town ofAddison Mr. Steve Chutchian, w/Town ofAddison Mr. Ken C. Dippel, w/flrm 􀁾􀁏􀁬􀀠MAIN STREET SUITE 4000 DALLAS, TEXAS 􀀷􀀵􀀲􀀰􀀲􀁾􀀳􀀷􀀹􀀳􀀠D ALL A S S T Y L E R TEL 214.672.2000 FAX 214.672.2020 WWW.C{)WL£STIi(IMPSON.tOM 20WLES 􀀦􀁔􀁈􀁏􀁍􀁐􀁓􀁏􀁾􀀮􀀠A ProfeSSional Corporation ATTORNEYS AND COUNSELORS ANGELA K. WASHINGTON 214.672.2144 AWASHINGTON@COWLESTHOMPSON.COM May 8,2003 Mr. James C. Mosser Mosser Mallers 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 of Mr. 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 ofthe Agreement for execution by Mr. lahani. The redlined document shows all substantive changes made. Cleanup changes that were made and not shown in the redli..'1ed document consist of changing the teml "Grantors" to "Grantor" throughout the document. Thank you for your attention to this matter. Sincerely, 􀀨􀁾􀁣􀁊􀁾f. rt!l---' Angela K. Washington AKW/yjr Enclosures c(wlEnclosures): Mr. Mike Murphy wffown Mr. Steve Chutchian wffown (w/o Enclosures): Mr. Kenneth C. Dippel w/finn 901 MAIN STREET SUITE 4000 DALLAS. TEXAS 75202-3793 D ALL A S T Y L E R TEL 214.672.2000 FAX 214.672.2020 Document $I; lOS12i5 wWW.eOWl£STHOMPSON.COM 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 ofthe 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 ofthe sum set forth in 2. below in hand paid by the Town, the receipt and sufficiency of which is hereby acknowledged and confessed, Grantor has GRANTED, SOLD AND CONVEYED, and by theses presents does GRANT, SELL AND CONVEY unto the Town ofAddison., Texas, its successors and assigns, a perpetual and exclusive easement and right-of-way (the "Easement") in, over, across, upon, under and through the property described in Exhibit A and depicted on Exhibit B (the "Easement Property") (the said Exhibits being attached hereto and incorporated herein). 2. Consideration. This easement is granted, sold and conveyed in consideration of the Town's payment to Grantor of the sum 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 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 tenn "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 perfonn all excavation, boring, backfilling, embedding, drilling, grading, and other construction activities as the Town from time to time deems necessary, appropriate, or desirable in the Town's sole discretion, with respect to the Project and the improvements within the Easement. The Town shall, at all times, have the right of ingress and egress to and from the Easement and the Easement Property as the Town may deem necessary, appropriate, or desirable. B. Grantor acknowledges and agrees as follows: (i) The Town may authorize and 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, piant, 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. Ligbt 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 of the sign, the Town shall install electrical connections for the the sign. Grantor shall be soleI v responsible for monthlv electric bills and any other costs associated with the operation of the 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. S. Access. Construction shall '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 adequate 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 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. 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 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 Publiil in and for the State ofTexas MY COMMISSION EXPIRES: [ SEAL] STATE OF TEXAS § COUNTY OF DALLAS § BEFORE ME, the undersigned notary public in and for said county and state, on this -::----:--:: day of , 2003, personally appeared Ron Whitehead, City Manager for the Town of Addison, and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person or entity upon behalf of which he acted executed the instrument for the uses and purposes therein set forth. GIVEN UNDER my hand and seal ofoffice the day and year last above written. Notary Public in and for the State ofTexas MY COMMISSION EXPIRES: [SEAL] 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 counection 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 ofThirty 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 Easement, any damage to or dimin:ltion 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 nsed by the Town, its employees, contractors, agents, successors, and assigns in counection 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 &AS&MENT (Cafi O:pri)-'.ce 1 DocUlrlitnt d: 1045196 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 of such 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 gmwth 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. Landscapinl: & Irril:ation. 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 recoustructed and properly graded by the Town at its sole cost and expense. 7. Signs, The Town may remove and replace any public sigus 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, muat 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 of the 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 (Cafi Clpri}-Pate 2 Doc:UITIIIM IJ; l04St96 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 ofEasement. 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 tl>is grant. 11. Governing Law: Venue. In the event of any action under this Contract, venue fur all causes of action shall be instituted and maintained in Dallas County, Texas. The parties agree that the laws of the State of Texas govem 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 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. 􀁔􀁨􀁩􀁾􀀠Agreement shall bind and inure to the benefit of the respective parties, their persolllli reprcsentstives, 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 l'ARKWAY E.AS£.\ttN1' 􀀨􀁃􀀮􀁲􀁾􀀠Capri) -rl,_" Docl1llletll II: 100196 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 Jshani 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 ofTexas MY COMMISSION EXPIRES: [SEAL] PARKWAY EASEMEN'f (Care Capri) _ P.lle" 􀁾􀀱􀀱􀀱􀀺􀀠1045196 l?..d ZOWLES &THOMPS 0_ /' A Professional Corporatio(l􀁾􀀢􀀷􀀠1978-2003 ATTORNEYS AND COUNSELORS ANGELA K. WASHINGTON 214.612.2144 AWASHINGTON@COWLESTHOMPSON.COM April 24, 2003 Mr. Leon Scroggins Owens, Clary & Aiken 700 North Pearl Street, Suite 1600 Dallas, TX 75201 RE: 0.6919 Acre Tract located at 152 Addison Road , /Dear Leon: Enclosed for Mr. Chanaa's execution is the finalized Easement Agreement. We request that the signed Agreement be returned no later than May 5, 2003, so that we may close the transaction and avoid any delay in the Town's construction schedule. Ifyou have any questions, please give me a call. Sincerely, 􀁤􀁾I( 07)---'/Angela K. Washington AKW/yjr Enclosure c: Mr. Mike Murphy, w/Town of Addison Mr. Steve Chutchian, w/Town of Addison Mr. Ken Dippel, w/firm • 901 MAIN STREET SUITE 4000 DALLAS, TEXAS 75202·3793 D ALL A S T Y L E R TEL 214.612.2000 FAX 214.672:2020 􀁏􀁯􀁣􀁬􀁬􀁭􀀨􀀧􀁦􀁬􀁴􀁾􀂷􀀠1049376 WWW.COWLESTIH.lMPSON,tOM EASEMENT AGREEMENT This Agreement is made and entered into by and between Sultana K. Chanaa ("Grantor"), and the Town ofAddison, Texas (the "Town"). WIT NES S ET H: WHEREAS, Grantor is the sole owner of certain real property located in the Town of Addison and described in Exhibit A attached hereto and incorporated herein (the "Easement Property"); and WHEREAS, the Town of Addison intends to constroct 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 constroction of the Addison Road Extension, and Grantor desires to sell and convey such easement to the Town; NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, Sultan K. Chanaa and the Town ofAddison agree as follows: 1. Grant of Easement. For and in consideration ofthe sum set forth in 2. below in hand paid by the Town, the receipt and sufficiency of which is hereby acknowledged and confessed, Grantor has GRANTED, SOLD AND CONVEYED, and by theses presents does GRANT, SELL AND CONVEY unto the Town of Addison, Texas, its successors and assigns, a perpetual and exclusive easement and right-of-way (the "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 ofthe sum of Thirty Thousand and No/lOO dollars ($30,000.00), the receipt and sufficiency ofwhich is acknowledged as full compensation for the Easement, any damage to or diminution in value of the Remainder or any other lands or property belonging to Grantor that may be claimed or asserted by virtue of such grant, sale and conveyance and use of the Easement and the Easement Property by the Town, and to avoid the cost and expense of litigation. For purposes of this Agreement, the term "Remainder" shall mean that property described in the Warranty Deed attached as Exhibit C, save and except the Easement Property. • 3. Purpose of Easement; Other Provisions. A. The Easement, together with all of its rights and privileges, may be used by the Town, its employees, contractors, agents, successors, and assigns in connection with activities relating to the constroction, placement, installation, reconstroction, 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 Dul:ummt II: l(I19m sole discretion, with respect to the Project. The Town may perform all excavation, boring, backfilling, embedding, drilling, grading, and other construction activities as the Town from time to time deems necessary, appropriate, or desirable in the Town's sole discretion, with respect to the Project and the improvements within the Easement. The Town shall, at all times, have the right of ingress and egress to and from the Easement and the Easement Property as the Town may deem necessary, appropriate, or desirable. B. Grantor acknowledges and agrees as follows: (i) The Town may authorize and permit third parties to use the Project on such terms as the Town in its sole discretion deems appropriate, but no third parities, including the general public, shall acquire any rights in the Easement or the Easement Property as a result ofsuch use. (ii) Grantor shall not construct or place within the Easement Property any building, fence, wall, plant, or other structure, improvement, or growth of any character or type which would interfere, in the Town's sole determination, with the Easement, with the Project or with any improvements within the Easement. The Town shall have the right to remove, and keep removed, all or part of any such building, fence, plant, or other structure, improvement or growth of any character or type that is located within the Easement Property and which, in the judgment of the Town, may endanger or in any way interfere with the construction, efficiency, or convenient and safe operation of the Project or the exercise ofthe Town's rights hereunder. C. Grantor, its successors and assigns, may fully use and enjoy the Easement Property, except that such use and enjoyment shall not hinder, conflict or interfere with the exercise ofthe Town's rights hereunder or with the safe and efficient operation ofthe Project. 4. Existing Fountains. Existing fountains located in the Easement Area shall remain, and shall be protected during construction. 5. Existing Trees. Existing mature trees removed from the Easement Area due to construction or work performed under this Agreement shall be replaced with three new Red Oak trees and other landscaping and proposed facilities, all of which will be located within the Easement Area as determined by the Town. 6. Warranty of Title. TO HAVE AND TO HOLD the Easement, together with all and singular the rights, privileges, and appurtenances thereto in anywise belonging, unto the Town of Addison, Texas, its successors and assigns; and Grantor does hereby bind itself, its representatives, successors, and assigns to WARRANT AND FOREVER DEFEND all and singular the Easement and rights conveyed in this instrument unto the Town of Addison, Texas, its representatives, successors, and assigns, against every person whomsoever lawfully claiming or to claim all or any part of the interest in the Property. 7. Exclusiveness of Easement. The easement, rights, and privileges granted by this conveyance are exclusive, and Grantor covenants not to convey any other easement or conflicting rights in the area covered by this grant. 8. Governine 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 govem 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 shaH 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. 9. Entire Agreement. This Agreement contains the entire agreement between the parties relating to its subject matter. Any oral representations or modifications concerning this Agreement shall be ofno furce and effect. Any subsequent amendment or modification must be in writing and agreed to by both parties. 10. Authority. The undersigned are the properly authorized officials or persons and have the necessary authority to execute this Agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolutions or other act extending such authority have been duly passed and are now in full force and effect. 11. Binding Effect. This Agreement shall bind and inure to the benefit of the respective parties, their personal representatives, successors, and assigns. Executed this __day of______, 2003 GRANTOR: Sultan K. Cbanaa Executed this __day ______-' 2003 TOWN OF ADDISON • By: Ron Whitehead, City Manager STATE OF TEXAS .§ COUNTY OF DALLAS § BEFORE ME, the undersigned notat:y public in and for said county and state, on this __--: day of , 2003, personally appeared Sultan K. Chanaa, known to me to be the identical person who executed the within and foregoing document, and acknowledged to me that he executed the same as his free and voluntat:y 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 notat:y 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] EASEMENT AGREEMENT This Agreement is made and entered into by and between Sultana K. Chanaa ("Grantor"), and the Town of Addison, Texas (the "Town"). WITNESSETH: WHEREAS, Grantor is the sole owner of certain real property located in the Town of Addison and described in Exhibit A attached hereto and incorporated herein (the "Easement Property"); and WHEREAS, the Town of Addison intends to construct an extension of Addison Road through the Town (the "Addison Road Extension Project"), part of which will be located upon and over the Easement Property; and WHEREAS, the Town desires to acquire an exclusive and perpetual easement in, over, across, upon, under and through the Easement Property for street right-of-way and other public purposes in connection with the construction of the Addison Road Extension, and Grantor desires to sell and convey such easement to the Town; NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, Sultan K. Chanaa and the Town ofAddison agree as follows: 1. Grant of Easement. For and in consideration of the sum set forth in 2. below in hand paid by the Town, the receipt and sufficiency of which is hereby acknowledged and confessed, Grantor has GRANTED, SOLD AND CONVEYED, and by theses presents does GRANT, SELL AND CONVEY unto the Town of Addison, Texas, its successors and assigns, a perpetual and exclusive easement and right-of-way (the "Easement") in, over, across, upon, under and through the property described in Exhibit A and depicted on Exhibit B (the "Easement Property") (the said Exhibits being attached hereto and incorporated herein). 2. Consideration. This easement is granted, sold and conveyed in consideration of the Town's payment to Grantor of the sum of Thirty Thousand and No/lOO dollars ($30,000.00), the receipt and sufficiency ofwhich is acknowledged as full compensation for the Easement, any damage to or diminution in value of the Remainder or any other lands or property belonging to Grantor that may be claimed or asserted by virtue of such grant, sale and conveyance and use of the Easement and the Easement Property by the Town, and to avoid the cost and expense of litigation. For purposes of this Agreement, the 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 Document Ii J()19m • 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. Granter acknowledges and agrees as follows: (i) The Town may authorize and permit third parties to use the Project on such terms as the Town in its sole discretion deems appropriate, but no third parities, including the general public, shall acquire any rights in the Easement or the Easement Property as a result ofsuch use. (ii) Grantor shall not construct or place within the Easement Property any building, fence, wall, plant, or other structure, improvement, or growth of any character or type which would interfere, in the Town's sole determination, with the Easement, with the Project or with any improvements within the Easement. The Town shall have the right to remove, and keep removed, all or part of any such building, fence, plant, or other structure, improvement or growth ofany character or type that is located within the Easement Property and which, in the judgment of the Town, may endanger or in any way interfere with the construction, efficiency, or convenient and safe operation of the Project or the exercise of the Town's rights hereunder. C. Grantor, its successors and assigns, may fully use and enjoy the Easement Property, except that such use and enjoyment shall not hinder, conflict or interfere with the exercise ofthe Town's rights hereunder or with the safe and efficient operation ofthe Project. 4. 􀁅􀁸􀁩􀁳􀁴􀁩􀁮􀁾􀀠Fountains. Existing fountains located in the Easement Area shall remain, and shall be protected during construction. 5. 􀁅􀁸􀁩􀁳􀁴􀁩􀁮􀁾􀀠Trees. Existing mature trees removed from the Easement Area due to construction or work performed under this Agreement shall be replaced with three new Red Oak trees and other landscaping and proposed facilities, all of which will be located within the Easement Area as determined by the Town. 6. Warranty of Title. TO HAVE AND TO HOLD the Easement, together with all and singular the rights, privileges, and appurtenances thereto in anywise belonging, unto the Town of Addison, Texas, its successors and assigns; and Grantor does hereby bind itself, its representatives, successors, and assigns to WARRANT AND FOREVER DEFEND all and singular the Easement and rights conveyed in this instrument unto the Town of Addison, Texas, • its representatives, successors, and assigns, against every person whomsoever lawfully claiming or to claim all or any part of the interest in the Property. 7. Exclusiveness of Easement The easement, rights, and privileges granted by this conveyance are exclusive, and Grantor covenants not to convey any other easement or conflicting rights in the area covered by this grant. 8. 􀁇􀁯􀁶􀁥􀁲􀁮􀁩􀁮􀁾􀀠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. 9. Entire Agreement. This Agreement contains the entire agreement between the parties relating to its subject matter. Any oral representations or modifications concerning this Agreement shall be of no force and effect. Any subsequent amendment or modification must be in writing and agreed to by both parties. 10. Authority. The undersigned are the properly authorized officials or persons and have the necessary authority to execute this Agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolutions or other act extending such authority have been duly passed and are now in full force and effect. 11. Binding Effect. This Agreement shall shall bind and inure to the benefit of the respective parties, their personal representatives, successors, and assigns. Executed this __day ______,2003 GRANTOR: Sultan K. Cbanaa Executed this __day of________" 2003 TOWN OF ADDISON • By: Ron Whitehead, City Manager STATE OF TEXAS § COUNTY OF DALLAS § BEFORE ME, the undersigned notary public in and for said county and state, on this __-: day of , 2003, personally appeared Sultan K. Chanaa, known to me to be the identical person who executed the within and foregoing document, and acknowledged to me that he executed the same as his free and voluntary act and deed, for the uses and purposes therein set forth. GIVEN UNDER my hand and seal ofoffice the day and year last above written. Notary Public in and for the State ofTexas MY COMMISSION EXPIRES: [SEAL] STATE OF TEXAS § COUNTY OF DALLAS § BEFORE ME, the undersigned notary public in and for said county and state, on this :;---:;--:= day of , 2003, personally appeared Ron Whitehead, City Manager for the Town of Addison, and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person or entity upon behalf of which he acted executed the instrument for the uses and purposes therein set forth. GIVEN UNDER my hand and seal ofoffice the day and year last above written. Notary Public in and for the State ofTexas MY COMMISSION EXPIRES: [SEAL] • 5/13/02EXHIBIT A TOWN OF ADDISON, TEXAS FIELD NOTE DESCRIPTION FOR ADDISON ROAD PARKWAY EASEMENT SULTAN K. CHANAA BEING a parcel ofland out of a 0.69 acre tract ofland located in the Edward Cook Survey, Abstract No. 326, in the Town of Addison, Dallas County, Texas, conveyed to Sultan K. Chanaa, by a deed now of record in Volume 2000215, Page 01991, of the Deed Records ofDallas County, Texas, and being Block I, Lot 2 ofthe Sambuca Milling Station Addition, an addition to the Town of Addison, Texas, said parcel of land being more particularly descnbed as follows: BEGINNING at a point for a corner, said point being N 89°49'29" W, 2.00 feet from the southeast corner of said 0.69 acre tract and N 89°49'29" W, 12.00 feet from the northeast corner of a 0.774 acre tract of land conveyed to James E. Sauls, by a deed now of record in Volume 77153, Page 01028, of the Deed Records of Dallas County, Texas, and said northeast corner of 0.744 acre tract being in the west right-of-way line of Addison Road, (generally a 60 60 foot right-of-way and generally 30 foot to the center line), said Beginning Point being N 00° 49'02" W, 149.31 feet from a found 112 iron rod in the south line of said 0.774 acre tract and also being the northeast corner of a 1.0289 acre tract of land conveyed to Gartner-Plano Company, by a deed now of record in Volume 91248, Page 03622, ofthe Deed Records ofDallas County, Texas; TIIENCE N 89° 49'29" W, along the south line of said 0.69 acre tract, and along the north line of said 0.774 acre tract for a distance of 8.00 feet to a point for corner; TIIENCE N 00°13'00" E for a distance of 127.35 feet to a point for corner, said point being in the north line of said 0.69 acre tract and in the south line of a 1.48 acre tract ofland conveyed to Sambuca Partners Limited Partnership II, L.P. by a deed now of record in Volume 94100, Page 05581 of the Deed Records of Dallas County, Texas; TIIENCE S 89"29'00" E along the north line of said 0.69 acre tract and the south line of said 1.48 acre tract, a distance of 8.00 feet to a point for corner, said point being N 89° 31 '14" E, 318.89 feet and S 00°13'00" W, 212.21 feet from a found 5/8 iron rod being the southwest corner of a 1.316 acre tract ofland conveyed to Dyson Enterprises, LP by a deed now ofrecord in Volume 2000034, Page 2494 of the Deed Records of Dallas County, Texas and the northwest corner ofsaid 1.48 acre tract; TIIENCE S 00°13'00" W, and being 42 feet, more or less, from the centerline of Addison Road, a distance of 127.30 feet to the Point ofBeginning and containing 1,018.59 square feet (0.023 acres) ofland. • • . 􀁾􀀮􀁾􀀠􀁾􀀠_ d, 9 ;;; 􀁾􀀠!;f gJ z g􀁾􀀠􀁾􀀠􀁾􀀠liS II N o o EXHIBIT B _----7l\ -.•􀁾􀀠􀀯􀀭􀀽􀀭􀁾􀀠􀁾􀀠SCAlE: 1 "=60' -Ii ______-5/8" I.R.F. J I -I-EDWARD COOK SURVEY I /,/'----. Z ADDISON' CAR CARE ADDITION ++ABST, NO. 326 I 􀀺􀁾􀀠VOl. 8711 1 \1' PGI . °T 86 􀁾􀀠I I : SULTAN K. CHANM I ,., "'N. VOL 2000215. PG. 01991 􀁾􀀠I I I I SAMBUCA II/FILLING --__􀁾􀁾􀁟􀀭STATION ADDITION VOL. 94117, PG, 06134 8LOCK I, lOT 2 SAM8UCA PARTNERS LIMITED Ii:\ PARTNERSHIP IT. L.P. 􀁾􀀮􀀠I I I I \ 5/8" I.R.F. 'VOL 94100. PG. 05581 􀁾􀁾􀀧􀀢􀀠I 􀁾􀀠I 􀁗􀀯􀀧􀁄􀁃􀀤􀁁􀁾􀀠I ., _􀁾􀁎􀀠'" 􀁾􀀠BLOCK 1, LOT 1 􀁾􀀠DYSON ENTERPRISES, LP I 􀁾i.e: . I :􀁾􀀠VOL. 2000034. PG. 2494 I 0"" , SAULS JAMES E 2' STREET DECATION I en BLOCK 1, LOT 1 I 􀁾􀁾􀀠VOL. 77153, PG. 1028 TO TOWN OF ADDISON 1 /OLD LOT LINE 􀁾􀀠I 􀁾􀁣􀀶􀀧􀀠1/I 􀀮􀁾􀀮􀀠I I a...;:!; I I -I c/:;:;; 1.018.59 Sf). FT. 1 􀁾􀀠I I 􀁾􀀭􀁩􀀠I PROPOSED 8' 0,023 ACRES .I "􀁾􀁾k PAAKWAY EAS£ME"T I ,,,·,.·w, I I I 3 N89'49'29"W I \ 158.00' I 1/2" IRF 8.00' I 00'13'00' E -127.35'\ I 1/2" IRF \ I I • _. _N...9([19·OCVl:-.149.31.:.. _ 􀀧􀀺􀀺􀀺􀀺􀀭􀁾􀁾􀁾􀁾􀁾􀁾􀀡􀁴􀁾􀁾􀀽􀁾􀀺􀁩􀁓􀁊􀁏􀁾􀁏􀀧􀁾􀁉􀀳􀀢� �􀁏􀀢􀀠W -212.21' 􀀨􀁒􀁅􀁦􀁅􀁾􀁎􀁃􀁅􀀠BEARING) I 􀁟􀀭􀀭􀀬􀀨􀀮􀀺􀀺􀀺􀁒􀁅􀁦􀁅􀁒􀁅􀁎􀁾􀁾􀁅􀁁􀁒􀁉􀁎􀁇􀁽􀀠S O0'13·00 .....W -127.30' -I ___--lJ.J_l N 89'49'29" W c,. ---1---12.00' ADDISON 'b! ROAD 12' STREET DECATION _____ _ ___....:TO TOWN OF ADDISON 15211 ADDISON ROAD I JOINT VENTURE VOL. 96156. PG. 4963I LOT 2, BLOCK 11 ·1 I Ii __ l[ -􀁾􀁘􀀢􀁉􀁎􀀠CONe, I I I I I I -II N 89'49'29" W 2.00' POINT OF BEGINNING 1/2" IRF """\. TOWN OF ADDISON TEXAS 􀁉􀀭􀀭􀀭􀀭􀀭􀀭􀁣􀁁􀀷􀁄􀁄􀁾􀁉􀁓􀀺􀀺􀀭􀀺􀀺􀀰􀀷􀀺􀀭􀁎􀂷􀀭􀀽􀁒􀀺􀀺􀀺􀀺􀀭􀁏􀁁􀀭􀀺􀀭􀀺􀁄􀁾􀁐􀁁􀀽􀀽􀁒􀁋􀀺􀀷􀀮􀁗􀁾􀁁􀁙􀁾􀁅􀁁􀁓� �􀀭􀀽􀀺􀁅􀁍􀀺􀀮􀀻􀀻􀀺􀁅􀀺􀀭􀀻􀀺􀁎􀁔􀀻􀀺􀀭􀀭􀁉􀀠'" -----,-----I"-y'IN CONC. SULTAN K, CHANM BIRKHOFF, HENDRICKS & CONWAY, LLP. MAY 2002 CON$ULTlNG ENGINJ;;ERS II) 7301 Cteonwll ....._ SI•. no 00"01. 􀁴􀀮􀀮􀁾􀁣􀀮􀀮􀀠PLAT 3WL________________________________________________________________________________􀁾______􀁾􀀢􀁾􀀧􀁾􀁾􀁾􀀧􀁾􀀭􀀧􀁾􀀧􀁷􀁾______􀁾􀁾􀁾__􀁾􀀠 EXHIBlTC 225' _ ....._ ..."'T...,., ..."" _...,._,-:....,.....􀁾􀁟􀁲􀁟􀀠WARRANTY DEED WITH VENDOR'S LIEN 1187535 IIIWIIO 1.lI1512 '11.00 11M lIIiI'IWNQ &TAllON 0)' ADDISON. INC••T....ccnponIIoo !loWS La Slim. I'JfIJ Dallu. Ttul 7S2l1 (D11Lu CaIzlIy) SUl.TAN K. CIIANAA. ../IIdiridaal CoiuIdcratioo: no _ afTEN ANI) WJIOO DOI.LAlIS (SIO.lXl) """ _l!O"'IlIIII-􀁾"'" _Ipt "'" _i""'l'of _10I>olIIhe ,.bOhllII:ll. _',Urn I0Il 1!!Ie"""",t=m'" bT u,,;;0r;4 ""'.-.._ or_of...._I.... 0.-",a-w. 1loMii.. T"""",..........,\1< ...._ ..... 􀁄􀁥􀁥􀁤􀁟􀁯􀁦􀁟􀁾􀀮􀁔.... 􀁾!AI 2. of SAMBUCA IIIJ'ILUNQ Sl'A11DN ADDmON'." A_.,IhcTow.oofAdcIim.. D_COW!lY. T..... """rdlq to tile _ Pial tIlclOof _illV_94117. Pap 􀁾􀀱􀀳􀀴􀀠ollhe M'I> _,daofDallu Coliiii)'. Tew. _.ripI>-of_y.lllllpmc:rlpIlw!lllhU. _of_orcot: JUptCSCIIIly __􀁾􀁟""'" _I0Il__"'" 􀁟􀀢􀀢􀀧􀁾􀁟.....for"'" .......,..,. "",_.,..bidlO................ ZUlJ21501991 EXHlBIIC _ ClnDIor.... Ihc ....ld1EM)'._.__lie.... .............,. .._lbe_.lOS""" _an ..... ah!plar!ll< riP!>""" ___Io ..y", bol""lll>s" "-I11III_ l! 10 0_. _', _ ........n. -.._.or aWp! ....... OIlllllDr _ a ..... """ _',_ ...........-......................""""" _ f__1II111d tIqular Ibc ..-.. _""" _',_ .......... _ ............ awllIIipI. apIou.-y pmDD whoDuocvcr lalftfdlly c1ai:nlDB or to cllim die" HtIZ or aay pan thr:tcof. =cpt :tI Ie tbc 􀁾􀁑􀁬fmm and 􀀧􀁾􀁉􀁏c:oovcyalli;ll;l and wmuay. '!lit _'I 11= .,-wi :IIljlOrior IiUo .. W p_ ... _ ..ull ad! __II fIIIJy paid 􀁾..fII_"__cbIo ____• _1bc ..... 11 """"'"" lIIoa>W-wI __rill: phnJ. -, BY, SAM Y. DORFMAN, PWW/!NT 􀁾􀀩􀀠STATE 01' TEXASCOmnYO,____________ Thll--.r.... _""pibefore me oolhc _ ••••_ Illy 01 _ ...._ • _ ...._ • by sell.,', I:I;iUDC aid to-ijpr'. Dame. I'IaaaIy N>Il<. _ofT.... 1'1""'7" ..... (Prill!<4l: Notal)!'.-..􀁾􀀠STATIl OF TEXAS COUNtY OF DALI AS ThlI_..... ..-I""""bef........* ___ bt SAM Y.IlOJIPMAN PWID/lNT •of iisirmON IlPADDISON. INC. •• Tw.t __...bcl>alfofAIiI __ .. Al'Tl!II IUlCORDlNG R.IITUJI.N 10: PIIIII'AIUlI> IN 11111 'UlW Of'IIlca OF, COMMBIICIAL I!SCIlOW COMPANY _W.DeMIk 13101 _U.SIt. 400 13181 """""U. 510. 4m D_. T.... 1.!140_.T.... '_ '2lIll215 01992 EXB1!!ITC All;1l0J !:'!11VO lU131:) AJ 'Z."H:""Jll:lD',,,· .•...• QO"lld &-AOJIDUDI 03-"li.:J 1 1 1 1 1 1 1 1 1 􀁾􀀠 Zl1D21S 01993 ':':OWLES &THOMPSO" A Professional COrporation ATTORNEYS AND COUNSELORS ANGELA t<.. WASHINGTON 214,872..21.... AWASHINGTONCCOWLESTHOMPSON.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 Paragraph: 7, "Signs," to remove references to state and fuderallaw. 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 ofthe 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 AKW/yjr Enclosure qOl MAIN STREET SUITE 4000 DALLAS, TEXAS ;SL: :.?'f; DALLAS T Y l E R TEL 􀁾􀀱􀀴􀀬􀀶􀀷􀀲􀀬􀀲􀀰􀀰􀀰􀀠FAX 214 612.2020 􀁾􀀱􀀮􀂷􀁬􀁯􀀮􀀳􀁬􀁬􀀢􀀠WWW.COWLESTHOMPSON COM March 28, 2003 Page 2 c: Mr. Mike Murphy wlTown Mr. Steve Chutchian wlTown Mr. Kenneth C. Dippel w/fillll EASEMENT AGREEMENT This Agreement is made and entered into by and between Siavish Jahani and the Town of Addison, Texas (the "Town"). WIT NE 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 of the mutual covenants and agreements herein contained, Siavish Jahani and the Town of Addison agree as follows: I. 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 ofThirty 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 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; Otber 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, PARKWAY EASEMENT (Cafe Capri) -PAGE· 1 , 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 parties, 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 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 conspuction, efficiency, or convenient and safe operation of the 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 of the 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. Ligbt 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 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. PARKWAY 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. n. 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 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. 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 Slavish Jahani IOWN OF ADDISON Executed this day of_______" 2003 By: Ron Whitehead, City Manager Town of Addison PARKWAY EASEMENT (Cafe Capri) -PAGE· 3 Ootum:ml'. 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 purposes therein set forth. GIVEN UNDER my hand and seal ofoffice the day and year last above written. Notary Public in and for the State ofTexas MY COMMISSION EXPIRES: [SEAL] STATE OF TEXAS § COUNTY OF DALLAS § BEFORE ME, the undersigned notary public in and for said county and state, on this ___ day of , 2003, personally appeared Ron Whitehead, City Manager for the Town of Addison, and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person or entity upon behalf of which he acted executed the instrument for the uses and purposes therein set forth. GIVEN UNDER my hand and seal ofoffice the day and year last above written. Notary Public in and for the State ofTexas MY COMMISSION EXPIRES: [SEAL] PARKWAY EASEMENT (Cafe Capri) -PAGE· 4 EXHIBIT A /123102 TOWN 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 ofland being more particularly descn'bed 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 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 􀁾􀁥􀁳􀁴􀀠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 of said LOO acre tract; THENCE, N 89° 43'30" E along north line of said 0.774 acre and in the south line ofsaid 1.00 acre tract for a distance of20.00 feet to the Point ofBeginning and containing 2,985.75 square feet (0.068 acres) ofland. --------I Si. ,('loll'S t,}( 111111 r H , 5/S' I.RJ. ____ \ '-3/4" I.RJ. WlOCI!< ,,,, . ------"'-5/S" I.RJ,, ----􀁾􀀠, r,II 􀁾􀀬􀁜􀁜􀀨􀀩􀁾􀁜􀀩􀀠, <;ouill'lltSitl' 􀁾􀀻􀀧􀀠SCPl.E:l".50· "',\ , 􀀽􀁾􀀬􀀠Po"""􀁍􀁾􀀮􀁉􀁉'" 􀁾􀀬'i􀁴􀀭􀀾􀁾􀀠\.--------).\,." Gl \ \ '-f. THE FILLING STATION OF ADDISON, INC.<::! '" ' 􀁾􀁾􀁉􀁉􀀠VOL. 94100, PG. 5577!I 􀁾􀁬􀁄􀀠\ 􀁾􀁣􀁴􀀠\ i: ,􀁾􀁉􀀭􀀭􀀭,, GAIlTNER-PlANO COMPANY 􀁾􀀠VOL 91248, PG. 3622 t IEDWARD COOK SURVEY \ 􀀻􀀻􀁬􀁾􀀧􀀨􀀮􀁆􀁊􀀧!Q '\ ABST, NO. 326 \,a' JAMES E, SAULS \ ! '" , ,, VOL 77153, PG. 1028 ,, , PROPOSED 20' ,, lli " ,,PARKWAY EASEMENT ,, 􀁃􀀺􀀻􀀻􀀺􀀭􀀱􀁾􀀠c!P􀁦􀁬􀁣􀁾, ____ 1/2" I.RJ.,,", ....... HORn; ,,"_ I _ _ 􀁾􀀠> J;; N, z{Zoo Z.i' S 89'43'30" W 8.6"SOUTH ,􀁾􀀡􀀠.s 89"43"3('-W OF 20.00'ADDISON ROAD􀁾􀁉􀀭􀀭-----2,985. 75 SO. FT. 0.068 ACRESa -, ._-;;; ..... 149.29' I "'"'-JI 4'1, t49,29' POINT III BEGINNING -i TOWN OF ADDISON. TEXAS ADDISON ROAD ---III-SELT LINE RD. TO KELLER SPRINGS RD. PARKWAY EASEMENT IIIR!GlOO', HElI1lIm(S '" 􀁾􀁗􀁁􀁙􀀬􀀠LLP. JAN., 2002 CONSULllNG ENGINEERS PLAT 2W .-I EXHIBITC SCHUDULE "A" -LEGAl. DESCIUPTION UliINO a I.f";XI orbNl Id\lllWd in iM r::nWARO <.:OOK SUllVUY. AUS'rRACr NO, l16.U..Ua Cou..y. Te.us. kJI:..tnl un Addoon Itnw 1ft II\C T\IWQ of fWd_A. Tcui. and llCinl mote palllC'ulillly dncribalas fnJl.."u' III.:GINNINO al a ",mt on lhe \VCSI line (If ulel NUIJilft MNd (oJ U) ff)(lllo.dll.1id p!)im Octlll JU.. S • ftcc Norm r,n,. the cenler line' of th:1t I.uw Ro.1d (II 100' 􀁦􀁾􀀩􀀮􀀠lIid plift' abu Mini Ntwttl 1 S' ftom .. auet 􀁤􀁾It) J. M. I'h(t'*, 􀀧􀁾􀀢􀁴􀁬􀀢􀁨􀀺􀀡􀁤􀀠ift Vole.me .lIS. Po1l& f"H uf lhi:: O«d R(('Clf'd, of D;tltu CUUftI)", Tf.J.G> TI mNCE Soulh U ""nl4., ""'"uta $6 Ket,Nob W()I O'P."* widl. ""OOi.t fence I.u ilon rrN1« CUt.... TI U;NC.E Swllt wi.1t wid fence 1 •• ' '0 uun IW (ur wmct' ullhc So.lh line of J. M. Piatolc ttxl; nWHOt Sou4h 􀀬􀀬􀁾􀀮􀁕nl'lUln )0 JC(ond.l Well ..ith the SMUt line of &aid J. M.l"'utolc (loKI 1;\4.11" 10 vM" fnr (0In'Iff h,the r:.u.a lino pr St. JDlllil.1ttliS Soulh ... utc.ft ,.vIrUMS a die SowUI.....", COftll!iI "r...w I. M. rilll.tc wei. 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I)j 􀁾t! 􀁾􀁾􀁾toot '/. 1!JdV.(q MOU::t1l< J3t 􀁰􀁷􀁾􀀤􀀧􀁕􀁉􀀧􀀺􀁕1I('!q'¥>J 􀁍􀁬􀀡􀁬􀁾􀀬􀁴􀁎􀀩􀀮􀀨􀀠(It 􀁾􀁾IIq1 :lPfAtud IIRlld 􀁾􀁐􀀡􀁕􀀡3rqNOfW .. II' 􀁾;I!II{J lIlO'J P'fO'i:I 􀁾 ClWllr'JY\ 􀀮􀀭􀁟􀁑􀀬􀀭􀀭􀀭􀀭􀀻􀀮􀀢􀀧􀀡􀁾􀀺􀀮􀀽􀀽_.-NOSdl'lOHL'Il 􀁓􀀧􀁾􀁍􀁏􀁏􀀠 ·4iiF1'C'Me i.WlilliMl'i MRR-26-2003 17:14 COWLES & THOMPSON 2146722020 P.01/12 COWLES &THOMPSON A Prof.ulonal CupofHion ATTOBNEVS ANP 􀁃􀁏􀁕􀁎􀀵􀁾􀁌􀁏􀁦􀁴􀀵􀀠 FACSIMILE COVER PAGE Tlme: _____Date: March 26. 2003 Total Number of Pages (including this sheet); 12 Normal/Rush: Nonnal ClienliMatter #: 3305162147 (1) Mike Murphy FAX: (972) 450.2831 PHONE: FROM: Angela K. Washington Direct Dial #; 12141 612·2144 MESSAGE: RE: Cafe Capri IF YOU HAVE ANY PROBLEMS WITH THIS TRANSMISSION, PLEASE CALL Yolanda Rodriguez at (214) 672-2629 Thank you. IMPORTANnCONFIDENTIAL; This message Is Intended only for the use of the individual or , entity 10 which it is addressed. This message contains information from the law lirm of Cowles & . Thompson which may be privileged, confidential, end exempt from disclosure under applicable law. I If the reader of this message is not the inlended recipient or the employee. or agent responsible fOf . i delivering Ihe message to the Inlended recipient, you are hereby nolltled that any dissemination, : . distribution. or copying of this communication is strictly prohibited. If you have received this IIcommunication in error. pillase nolily liB immediately at OUf telephone number (214) 672·2000. We : will be happy to arrange for the return of this message to us. via the United Stales Postal Service. i I at no ooslto you. I '-.'tOl MAIN STREn SUITt 4000 DALLAS, .nAS UfOZ·'''J DALLA! T V L £ • Tll2U.61'l.2UQO 'AX U4.611::.lU-V www.cowun ""MPtoN 􀀮􀁾􀁏􀁍􀀠 @·&ll14.I, 4e••iitlEii4IiJ8 '_ili;;;i. MAR-2G-2003 17' 14 COWLES &. THOMPSON 2146722020 P.02/12 COWLES &THOMPSON A Professional Corporiltlon ATTORNEYS AND COUNSELORS March 26. 2003 VIA. FACSIMILE 972450.2837 Mr. Mike Murphy Director ofPublic Works Town ofAddison P.O. Bolt 9010 Addison, TX 75001-9010 RE: Parl:ell (Cafe Capri), Addison Road Widening projed Dear Mike: As we discussed, attached is a letter that I just received from James Mosser regarding the proposed Agreement for Parcel 1 (Cafe Capri), Addison Road Widening Project. I am also attaching a letter that I prepared and had hoped to send out today to Mr. Mosser; however, I have been advised by the Title Company that there is some sort of a discrepancy with respect to the slU'Vcy. Thus, I am waiting for their response before sending the Agreement oui. I can however, go ahead and forward the letter and Agreement, informing the owner that adjustments to the exhibits may need to be made. Ifyou would like me to do so, please let me know. Sincerely, 􀁾􀀱􀁓􀁓􀀧􀁭r(jfJ--,....; AKW/yjr Attachments c(w/o Attachments): Mr. Kenneth Dippel, City Attorney 'tH MAIN STREll SUITE 4000 DAlLA.S, TEXAS 􀀷􀁓􀀴􀀰􀁾􀀮􀁐􀀧􀁈􀀠OAt-LAS Y Y L • • TEl. 214.672.20CO r,u: 2}A,f,12,20Z0 wWW.coWLESHI\JrdPSON COM: ecelVed Fax' BAR 26 2003 5:01PM Fax Statum: HP lASERJET 3200 . MAR-26-2003 17:14 COWLES &THOMPSON 2146722020 P.03/12 COWLES &THOMPSON A Proh,oional CorpO'ration ATTORNEYS AND COUNSELORS ANGILA K. WASHING'TOH 2;4,172..2''''AWASH1HGTONOCOWLE8JHOMPSON,eO.. March 26, 2003 Mr. James C. Mosser Mosser Manel'll PILC. 17110 Dallas P!lIkway, Suite 290 Dallas, TX 75248-1115 Re: Proposed Easement Agreement -Care Capri Dear Mr. Mosser: Enclosed is the Town of Addison's proposed agreement for the above-referenced properly in final form. In reiipOnse to our telephone conversation on March 20, 2003, I have made changes to Paragraph 7, "Signs."to remove references to state and federal law. The paragraph now reflects that the sign must comply with all applicable Jaw. With respect to the rllaragraphe 8 and 9, were agreed to by Mr. Murphy in a personal conventatlon with myself and Mr. Jahani. v d Fax' t·1AR 26 003 􀀵􀀡􀁏􀁬􀁐􀁾􀀡􀀠Fax Statlo' ASERJET 3 'I MAR-26-2003 17=15 COWLES & THOMPSON 2146722020 P.05/12 No.B024 p. 2/2Mar.26. 2003 l:51PM MOSSER "AllERS PllC lalYers PI&ase contact me If you have any further quesliona. We would like complete this matter as It has been dragging out for some lima. R8spec by: Jam wye.r elV: HA 26 : 􀁐􀁾􀀠Fax Statlo . HP A J T 0 MAR-26-2003 17:15 COWLES 8. THOl'f'SON 2146722020 P.06/12 EASEMENT AGREEMENT This Agreement is made IIIld entered into by and between Siavish labani and the Town of Addison, Texas (the "Town"). WITN ESS ETB: WHEREAS, Grantor owns certain real property located in the Town of Addison and described in Exhibjt A attached hereto and incOIporated 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 colUltruction 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 covenants and agreements herein contained, Siavish Jahani and the Town ofAddison agree as follows: I. Gragt o[ElIsement. For and in consideration ofthe sum set forth in 2. below in hand paid by the Town, the receipt and sufficiency of which is hereby acknowledged and confessed, Grantor has GRANTED, SOLD AND CONVEYED, and by theses presents does GRANT, SELL AND CONVEY unto the Town of Addison, Texas, its successors and assigns, a perpetual and exclusive easement and right-of-way (the "Easement") in, over, across, upon. under and through the property described in Exhibit A and depicted on Exhibit B (the ''Easement Property") (the said Exhibits being attached hereto and incorporated herein), 2. Consideration. This easement is granted, sold and conveyed in consideration of the Town's payment to Grantor of the sum ofThirty Four Thousand Three Hundred Thirty-Eight and 13/100 dollars ($34,338.13), the receipt and sufficiency of wl1ich is acknowledged as filJI compensation for the Easement, any dantage to or diminution in value of the Remainder or any other lands or property belonging tu 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 pwposes of this Agreement, the term "Remainder" shall mean that property described in attached Exhibit C. save and except the Easement Property. 3. PutpoEe of Easement: Other Proyjsions. 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 or 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, 􀁐􀁁􀁒􀁋􀁗􀁁􀁹􀁥􀁁􀁓􀁥􀁍􀁅􀁎􀁔􀀨􀁃􀁦􀁬􀁬􀀼􀁃􀀮􀁰􀁲􀁾􀀭PAGe· 1 e lV Fax' 􀁾􀁉􀁁􀀠003S'OlP,j tax Statlon' tiP RJ T MRR-2G-2003 17'15 COWLES Il. THOt'PSON 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 parties. 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 Basement, with the Project or with any improvements within the Basement. 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 herennder. 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 oflhe Project. 4, Landscapiog & Irrleatioo. 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 confonn 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. S. Ligbt Relocatloo, Any existing omamenlallights 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 sale cost and expense. 7. 􀁾􀀮􀀠The Town may remove and replace any public signs or install any new public signs on the Easemeot Property. The Town shaI1 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 ofthis private sign shall be mutually determined by tbe 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 Romainder at all times during construction. This access point must be reasonably graded to allow adequate access to the Remainder by employees and patrons. PARKWAY EASBM!;1'/T (Car. Capri) -PAGE. % R v x : 6 20 : PI Fax S n' P SERJET 00 MAR-26-2003 17:15 COWLES & THOMPSON 2146722020 P.08/12 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. JO. Eulvsjvenl!lls of Eesement. The easement, rights, and privileges granted by this conveyance are exclusive, and Grantor covenants not to convey lilly other easement or conflicting rights in the area covered by this grant. 11. Governloll Law: Venue. In the event of any action under this Contract. venue for all causes of action shall 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 onaw provisions) to the governing, interpretation, validity and enforcement of this Agreement. 12. Entire Agucmenl. This Agreement contains the entire agreement between the parties relaling 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 bereby 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. GRANTORI Executed this __ day oC ___-',2003 Siavish JahaDf TOWN OF ADDISON Executed this __day of______, 2003 By: ROD Whitehead, City Manager TowD orAddisOD PARKWAY E.>.SEMENI (Cafe Capri)-PAGE.J Recelvea Fax: MAR 26 2003 5:{)1PH F tatlon' HP . COWLES & THOMPSON 2146722020 P.09/12 STATE OF TEXAS § COUNTY OF DALLAS § BEFORE ME, the 􀁵􀁮􀁤􀁥􀁲􀁳􀁩􀁧􀁮􀁾􀁤􀀠notary public in and for said county and stale, 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 instnunent, the person or entity upon behalf of which he acted executed the instrument for the uses and purposes therein set furth. GIVEN UNDER UNDER my hand and seal ofoflice the day and year last above written. Notary Public in and for the State ofTexas MY COMMISSION EXPIRES; (SEAL] PAIlKWAY EASEMENT (Caf. Copri) -PAGE.4 wed Fax . ,. 6 2003 5:0 Pl' P AS RJET . 10 MAR-26-2003 17:16 COWLES & THOMPSON 2146722020 P.10/12nATupA. A TOWN OF ADDISON, TEXAS FIELD !"lOTE DESCRIPTION FOR JAMES E. SAULS (pARKWAY EASEMENT) BEING a tract out of a 0.774 acre tract of lalld located in the Edward Cook Survey, Abstract No. 326, in the Town of Addison, Dallas County, Texu, conveyed to James E. Sauls, by a deed now of record in Volume 17153, Page 01028, of the Deed Records of Dallas County, Texas, said tract of land being more particularly described as follows: BEGINNING at II point for a comer, said point being the northeast corner of said 0.774 acre tract and the southeast comer of II 1.00 acre tract ofland conveyed to The Filling Station ofAddison, Inc., by Ii 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 10 the center line), said poinl also being N 77· 25 '12" E, 339.9G feet from a found 3/4 iron rod in the west right-of·way of 5t 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 14!U9 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 reoord in Volume 91248, Page 03622, of the Deed Records of Dallas County, Texas, alld oontinuing S 89' 43'30" W along the south line ofsaid 0.714 acre !ract and along the north line of said 1.0289 acre tract for a Total Distaace or 20.00 feet 10 a point for corner; THENCE, Due North for a distance of 149.29 feet to II point for corner, said point being in the north line of said 0.174 acre tract and in the south line ofsaid 1.00 acre traot; THENCE, N 89' 43' 30" E along north line of said 0.714 acre and in the south line of said 1.00 acre tract for a distance of20.00 feet to the Point ofBeginning and containing 2,985.75 square feet (0.068 acres) ofland. i· • • • • • • --c':.: 􀁾􀁒􀀭􀁐􀁌􀁁􀁎􀁏􀀠COMPIN( -EXHIBIT II 􀀧􀀭􀀭􀁾􀀠ruE RLlING STATION OF ADDISON. ItiC. 3: 􀁾􀀠IJ) < •• M 􀁾$CAl£:1·=50' 􀁾􀀼􀀱􀁾􀁊􀁉􀀿􀁴􀁌􀀺􀀴􀀠􀁾􀀠J/I N. z{(;00 Z 􀀧􀁾􀀭􀁲􀁩􀁾􀁔􀁏􀁾􀁗􀁾􀁎􀀭􀁏􀁾􀁆􀁾􀁁􀁄􀁾􀁄􀁉􀁓􀁾􀁏􀁾􀁎􀀭􀀮􀁾􀁬􀁅􀁾􀁘􀁁􀀭􀀭􀁳􀀭􀀭􀁴􀀱􀀠ADDISON ROAD ---+1BELT UNE RO. TO KELLER SPRINGS RD. 􀁾􀁾1-·HtJIIIiOC1\S I: CllNIIO\Y. LlP·1 􀁾􀁁􀁍􀀮􀀬􀀠2002 >/Ii' UtE. .......--wroctA 􀁾....----􀀧􀁾􀁴􀂷􀀠" 􀁾􀀠.3. I.. " --.......---􀁾􀀭􀀭••,,, ( ..----"......./•...•.,. <;lilt" 􀁾􀁬􀀧􀀮􀁯􀁴􀁯􀁄􀀠• 􀁜􀀠-,r' "" 􀁾􀀠S1.I.c).l''"> SO' -,•"'\ 􀁾􀀺􀁜􀁜􀀠-.J􀁾􀁾􀁜􀀠􀁾.......----􀁱􀁾􀀬􀀮􀁜􀀠IJ) 􀁾􀁴􀀢􀁜􀁾􀀠lED 􀁾􀀠'I--....-􀁾􀀧􀀢􀀧􀁜􀀠VOl. 94 I 00, PC. 5577􀁺􀁾􀁜􀀠􀁥􀁾􀁜.. 8 FIIOL 91243, PG. 3li22 􀁾􀁜􀁉􀀠EDWARD COOK SURVEY \. III:tX&'/\ ABST. NO. 326 \ ,.JAMES E. SAULS \ VOl. 77153. PC. l02a " \ \,•PROPOSED 20' \ 􀁾􀀠PARKWAY EASEMENT •,, N 5.9"0'.:50-E1/2' , ..; ....., ••: ill.oo· ·....----S-e-!T..􀀺􀁳􀂷􀁊􀁄􀁾􀀠) !. 􀀧􀁾􀁾􀁬􀁬􀁔􀁕􀀠_ 􀁕􀁑􀀭􀁾􀀺􀀧􀀠I, 􀁾􀀨􀀻􀀺􀀠 B,64' s B9'4.rlO" W 􀁾􀀠POINT OF '" <:<:S -20.00'ADDISON ROAO BEGINNING 'iil2.!lB:;. 75 SQ. FT. 0.068 ACtUS' a -,􀁾􀀠N i;J r , A _ ... CONSUL "'He;, e-4r-y.􀁲􀁲􀀭􀁴􀁾􀀠Angela K. Washington AKWfyjr Enclosure c(wfEnc.): Mr. Mike Murphy Mr. Steve Chutchian Mr. Ken C. Dippel '1(H MA.IN STREET SUITE 4000 DALLAS, H.XAS .' 􀀺􀀻􀀧􀁩􀁾􀀠PALLAS T Y L E R T£L 214.612,2600 FAX 214,-.12.2020 WWW.eOWLESTttOMPSOt4.C I) M 􀁾􀁾􀁃􀁾􀁩􀁶􀁥􀁡􀀻􀀠􀁾􀁉􀀠4/03 4:36PM; 2146722020 -> Town 􀁯􀁾􀀠􀁁􀁤􀁤􀁾􀀤􀁏􀁮􀀻􀀠Page 3 MAR-Ii!4-2003 16: 53 ,COWLES & THOMPSON ," EASEMENf AGREEMENf This Agreement is made and entered into by and between Sill.vish Jahani, Karen A Fleitman and CliffRicb. 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 eo-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 wiD 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 sen and convey such easement to the Town; NOW, THEREFORE, for and in consideration ofthe mutual covenants and agreements herein contained, Siavish Jahani, Individually and as Co-Independent Exec\ltor of the Estate of James E. Sauls, Deceased, and Karen A Fleitman and Cliff Rich, as Co-Independent Exacutors 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 exclllSive easement and right-of-way (the "Easement") in, over, across, upon, under and through the property d.escnbed in Exhibit A and depicted on Exlubit B (the "Easement Property") (the said Exhibits being attached hereto and incorporated herain). 2. Consideration. This easement is granted, sold and conveyed in consideration of the Town's payment to Grantors of the sum of Tweet)' NiB' 􀁾Bight HtmEireEl Fifty Il!id I NeThirty Four Thousand Three Hundred Thirty-Eight and 13/100 dollars ($29,859.0034.338.13). the receipt and sufficiency ofwhich is acknowledged as full compensation for the Easement, any damage to or diminution in value of the Remainder or any other lands or property belonging to Grantors that may be olaitru:d 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 Iirigatiolt For pwposes of this Agreement, the term "Remainder" shall mean that property descnbed in attached Exhibit C, save and except the Easement Property. 3. P\U1!ose of Easement; Other Provisions. A The Easement, together with aD of its rights and privileges, may be used by the Town, its employees, contractors, agents, successors, and assigns in coMection with activities PAK!:.WAY EASEMl!l'IT (Saolsll.....)-PAG'6.1 􀁎􀁥􀁣􀁥􀁾􀁶􀁥􀁡􀀺􀀠􀁾􀁉􀀠􀀴􀀯􀀰􀁾􀀠4;36PM; 2146722020 -> Town 􀁯􀁾􀀠Addison; Page 4 MAR-04-2003 16:54 :COWLES 8. THOMPSON 2146722020 P.04/08 relating to the construction, placement, installation, reconstruction, relocation, alteration, operation, use, inspection, maintenance, improvement, and modification of landscaping, irrigation, lighting, utility, sidewa1k, 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 shalI., 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) Gtantors 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. Gtantors, their successors and assigns, may fully use and Cl\ioy the Easement Property, except that such use and enjoyment shall not binder, 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 Propertv 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 fOT Gtantee's consideration. 5. Ligbt 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 _fronting Addison Road shall be reconstructed and properly graded by the Town 􀁷􀁩􀁾the Blls_eat 􀁟􀀱􀁉􀀶􀁊􀀱􀁦􀁬􀁾_ell (17 feet west eftheiF Migmalleeet:i&Jl at its sole cost and expense. 1. Signs. The Town may remove and replace any public signs or install any new public siBns on the Easement Property. The Town shall remove one private pole sign located on PARKWAY l'lA8I!MI!NT (&luL< EsTIll.) -rAUl!· Z 2146722020 􀁾􀀾􀀠Town 􀁯􀁾􀀠􀁁􀁤􀁤􀁾􀁳􀁯􀁮􀀻􀀠Page 5 COWLES 8. THOMPSON 2146722020 P.0S/08 the Easement Property and shall install one new private sign on the ElISement 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. Warranty ofTitle. TO HAVE AND TO HOLD the Easements, together with all and singular the rights, privileges" and appurtenances thereto in anywise belonging, unto tbe 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 ofAddison, TexllS, 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 Grantors covenant not to convey any other easement or conflicting rights in the area covered by this grant 11. Govel'lling Law; Venue. In the event of any action under this Contract, venue for all causes of action sball 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 its conflict of Jaw 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. AnthonC)'. The undersigned parties or officers audlor 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 foree and effect. 14. Bindinl! Efl'oot This Agreement shall bind and inure to the benefit of the respective parties, their personal representatives, suecessors, and assigns. GRANTORS: Executed this _ ooyof_____-', 2002 Received: 3/4/03 4:37PM; 2146722020 􀁾􀀾􀀠Town 􀁯􀁾􀀠Addison; Page 6 MAR-04-2003 16:54 !COWLES &THOMPSON 2146722020 P.06/08 Siavish Jahani Executed this __day of_-___-', 2002 Karen A. FleitmaD Executed this __day of_____--", 2002 CliffRieh TOWN OF ADDISON Executed this __day of______-', 2002 By: ROD 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 . day of > 2002, personally appeared Siavish lahani. Individually -an'"":d:-"as-C:::'o-Independent Executor ofthe estate oflames 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 Stare ofTexas PARKWAY EA.al!'Ml!NT (S.ub EMlo)-PAGE-4 page214b722020 􀁾􀀾􀀠Town 01' Add:Laon; 7 MAR-04-2003 16'55 'I COWLES & THOMPSON 2146722020 P.07/08 MY COMMISSION EXPIRES: [SEAL] STATE OF TEXAS § COUNTY OF DALLAS § BEFORE ME. the undersigned notaIy public in and for said county and state, on this day of • 2002, personally appeared Clift' Rich, as Co-Independent 􀀺􀀺􀀺􀁅􀁸􀀭􀁥􀀭􀁣􀁵􀁴􀁾􀁯􀁲􀀭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. NotaIy 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 voluntaIy 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 􀁈􀁥􀁣􀁥􀁾􀁶􀁥􀁤􀀻􀀠3/4/03 4;37PM; 2146722020 􀁾􀀾􀀠Town 􀁯􀁾􀀠􀁁􀁤􀁤􀁾􀁳􀁯􀁮􀀻􀀠Page a MAR-€l4-2003 16:55 ,COWLES &THOMPSON 2146722020 P.08/08I MY COMMISSION EXPIRES: [SEAL] STATE OF TEXAS § COllNTY OF DALLAS § BEFORE ME, the undersigned notaJy 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 be executed the same in his authorized capacity, and that by his signature on the inslrUment, the person or entity upon behalf of which he acted executed the inslrUment for the uses and purposes therein set forth. GIVEN UNDER my band and seal ofoffice the day and year last above written. Notary Public in and fur the State ofTexas MY COMMISSION EXPIRES: [SEAL] :SOWLES &THOMPSO_ A Profes,slonal Corporation ATTORNEYS AND COUNSELORS ANGElA K. WASHINGTON 214.612..2144 AWA$H1NGTON@COwt.ESTHOMP$OIi.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 redUning 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 of the 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. Ifyou have 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 qOl MAIN STREET SUITE 4000 DAL1.AS, TEXAS 752023i''l3 D All A S T Y L E R T€L "l4 612.2000 FAX 214.672.202:0 WW W_COWL E S Ttl OM PS 0 N. CO M 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"). WITNE SSETH: 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 througb 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 ofthe 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 This easement is granted, sold and conveyed in consideration of the Town's payment to Grantors of the sum of Twellty }liBe ThellslHlti Bight Hllfttlfed Fifty aM NeThirtv Four Thousand Three Hundred Thirty-Eight and 13/100 dollars ($29,8SQ.QQ34.338.13), the receipt and sufficiency ofwhich is acknowledged as full compensation for the Easement, any damage to or diminution in value of the Remainder or any other lands or property belonging to 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 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 PARKWAYEASBMENT rsaul.Estate)-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 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. 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 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 vlitlHR tile BEisemeftt lIfeEi EIflflRmimately Se'leR (7) feet west of tileif' origiREIi loeEltioR 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 (Sauls Estate)-PAGE·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 of access 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. 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 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 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 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 PARKWAY EASEMENT (Souls Esto,e)-PAGE-3 Siavish Jahani Executed this __day _____-'2002 Karen A. Fleitman Executed this __day _____-'2002 Cliff Rich TOWN OF ADDISON Executed this __day ______->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 ----::---;::: 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 (Saul, Estate) -PAGE-5 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 -0----,---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 25th. -:::OWLES &THOMPSO 􀁾􀀭􀀺􀁲􀀠A Professional Corporation 1978·2003 A T TOR N E Y 5 AND C 0 U N 5 E LOR S ANGELA K, WASHINGTON 214.672..2144 AWASHINGTON@COWLESTHOMPSON.COM February 7, 2003 Mr. Sadrudin Kassam, Manager Mayflower Hotels, LLC 1213 Cottonwood Valley Drive Irving, TX 75038 RE: Parcel 7, Addison Road Extension Project 15200 Addison Road Dear Mr. Kassam: Pursuant to your discussions with the Town of Addison, enclosed for execution by Mayflower Hotels, LLC is an Easement Agreement conveying the requested easement to the Town. Please note that execution ofthis Agreement by the Town is subject to the approval of the City Council. In addition, as stated in my January 6, 2003 letter to you, there are liens on the property that must be cleared up. This matter is addressed in Paragraph 6 of the Agreement. For your convenience, I am enclosing a copy of the Title Commitment. If you have any questions, please give me a call. Sincerely, 􀁾􀀯􀁉􀀮􀁲􀁦􀁰􀀭􀁾􀁾􀀠Angela K. Washington AKW/yjr Enclosures c(w/o Enclosures): Mr. Mike Murphy Mr. Steve Chutchian Mr. Ken Dippel, w/firm '101 Y,AIN' STREET SUITE 4000 DALLAS, TEX),S 75202 37g; o All A S T Y L E R TEL 214.b72,2000 FAX 214.1,72.2020 WWW.tOWLE5THOMPSON.COM 25d 􀁾􀁏􀁗􀁌􀁅􀁓􀀠&THOMPSO A Professional Corporation􀁾􀀽􀁹􀀠\978-2003 ATTORNEYS AND COUNSELORS ANGELA K. WASHINGTON 214.1172.2144 AWASHINGTON@COWLESTHOMPSON.COM January 30, 2003 Mr. Steve Chutchian Assistant City Engineer Town ofAddison P.O. Box 9010 Addison, TX 75001-9010 RE: Parcel 6, (Minol MTR), Addison Road Extension Project Dear Steve: Enclosed are three (3) executed originals of the Easement Agreement for the above-referenced property. Once I review the Resolution that you are forwarding, I will let you know whether or not this should be scheduled on a council agenda prior to execution by the City Manager. In addition, as we discussed, we will need to clear up any issues of concern listed on the title commitment prior to closing. Should you have any questions, please give me a call. Sincerely, 􀁾􀁾􀀢􀁲􀁲􀁬􀁊"AKW/yjr Enclosures c(w/o Enclosures): Mr. Mike Murphy Mr. Kenneth C. Dippel, w/firm qOl MAIN STREET SUITE 4000 DALLAS, TEXAS 􀀻􀀬􀀩􀀲􀀱􀀺􀀧􀁾􀀠51"':: D ALL A S T Y l E R TEL 214.b72.2000 FAX 214.214.b72.2020 Docwnenl" 10)79)9 WWW.COWlESTHOMPSON.COM ." ADDISON WILSON III ATTORNEY AT LAW A PROFESS(OrAL CORPORATION 5500 PRESTON ROAD TELEPHONE SUITE 330 (214) 5.21.11:22 DALLAS, TEXAS 75205 FAX: (214) 52)·8013 February 28, 2002 Mr. Kim B. Forsythe Via Hand Delivery 15211 Addison Road Joint Venture 3333 Earhart, Suite 140 Carrollton, Texas 75006 Dear Kim: At your request, I have analyzed the Hipes & Associates appraisal dated April 11, 200 I of your 1.6188 acres loeated at the southwest corner of Addison Road and Arapaho Road in the town of Addison, Texas. As you know, the appraiser found the fair market value of the 2432 square feet being taken as $147,618.00. The value included his estimate of the value of the actual land taken as well as all of the buildings which will be lost as a result ofthe taking. My general comments with regard to the appraisal are as follows: The appraisal is now a year old and the comparable sales whieh the appraiser uses are either three (3), two (2), 01' one (I) year old. The appraiser indicates he will adjust the appraisal as a result of the time lag but the actual adjustment is minimal. It is common knowledge, and well established in the appraisal itself, that property values have increased substantially in this area in the last few years and it is obvious that the adjustment for time delay is inadequate. The appraiser defines the market area by including properties as far west as Midway Road, but recognizes the tremendous influence of Addison Circle. The definition of the market area is inequitable and unfavorable to the subject property. In addition, the appraiser uses only three (3) comparable sales although he reviewed up to sixteen (16) sales. A review of sales in a more comparable market area (such as a market area within one-half block ofeither ofthe two (2) major roads ofthe area (that is Beltline Road and Dallas North Tollway) would be more appropriate. The appraiser makes assumptions regarding the effect of Addison Municipal Airport requirements on the subject property and the effect ofyour Buildings being a non-confOlming use. Both ofthese assumptions are highly questionable and in any event derogatory to your property. On the other hand, the appraiser fails to take into account the detrimental effects ofthe taking on the remainder of your property, such as the loss of7.29% ofyour front footage, denied access on Addison Road, and in utility dedications and set back requirements attributable to the development of Arapaho Road occasioned by the taking. .' A review of the Hipes analysis ofyour.Nalue and other factors follows: J 4-11-01 Hipes Appraisal Value ........................................................ $147,618.00 Land: 2432 sf. at $IO.OO/sL............................. $24,320.00 Buildings: $49,500 noi x 3 years......................... $123.298.00 TotaL........... $147,618.00 ANALYSIS: I. Land (by the square foot). As indicated above, the land should be valued at greater than $10.00 per square foot. The property is just more valuable. Also, it is common practice to increase comparables by 1.5% per month in this high growth corridor. The results would be as follows: Parent Tract 1.6188 ac. (70,515 sf.) $10.00 (Hipes) $15.00 $20.00 Parent 70,515 sf $705, I 49.00 $1,057,724.00 $1,410,298.00 Taking 2432 sf. $24,320.00 $34,480.00 $48,640.00 Land (by the front foot). Another approach to value is the effect of taking 17.9 feet off of the existing 245.58' frontage on Addison Road. The effect is as follows: Taking is 17.9' off of the Parent's 245.58 frontage Taking is 17.9/245.58 offrontage or 7.29% $10.00 (Hipes) $15.00 $20.00 Parent 70,515 sf. $705,149.00 $1,057,724.00 $1,410,298.00 Taking 7.29% offrontage $51,405.00 $77,108.08 $102,811.00 Buildings. The appraiser correctly includes all of the Buildings. The value of the Buildings is a multiple of net operating income (NO!) times remaining useful life of Buildings which the appraiser estimates at 3 years (pp. 22-23). II .' So Hipes found the value ofthe Buildillg as follows: I NO! of$70,580.00 less parking income of$21,000.00 resulted in NO! "attributable to the Buildings" of$49,580.00 NO! (attributable to the Buildings) .................................. . $49,580.00 times useful life, 3 years .................................................. . x 3 $148,740.00 The appraiser admits his income calculations are estimates. The actual income and operating income on the Buildings is far greater: Actual Net Operating Income for 2001 excluding Sambuca Jazz Cafe rent is: Total Net Income $113,043.00 Sambuca Jazz Cafe $15,000.00 Net NO! $98,043.00 Actual "NO! attributable to the Buildings" is $98,043.00. Taxes and insurance are paid in Sambuca Jazz Cafe lease. Vacancy is negligible. NO! is easily $98,000.00 The Hipes appraisal estimates the remaining life on the Buildings as three (3) years. It is much longer, at least five (5) years, and probably ten (J 0) years. Actual Value ofBuildings under Hipes appraisal using actual NO!: NO! attributable to the Buildings 3 years (Hipes) 5 years 10 years $98,000.00 $294,000.00 $490,000.00 $980,000.00 This assumes rents do not increase. Also, as Hipes indicates (p. 21) the present rents are diminished as a result of the pending condemnation. For purposes ofthis analysis, the rents should be reviewed at what the fair market rental would be BUT FOR the threatened condemnation. That would increase the value of the Buildings substantially. o· CONCLUSION: .,1 I The value (per the Hipes analysis using current data) are within the following parameters: Land (based on square footage) $10.00 ..................... . $24,320.00 $15.00 ..................... . $34,480,00 $20.00 ..................... . $4&,640.00 Land (based on front footage) $10.00 (7.29%) ....... . $51,405.00 $15.00 (7.29%) ...... .. $77,108.00 $20.00 (7.29%) ....... . $102,811.00 Buildings (based on $98,000.00 NO! attributable to the Buildings) and a variable remaining useful life: 3 years (Hires) 5 years 10 years $98,000,00 $294,000.00 $490,000.00 $980,000.00 CONCLUSION: The reasonable fair market value of the Taking is between $318,230.00 and $1,082,810.00 as follows: Hires $1 0.00/3years $15.00/5 years $20.00/10 years Land (sf.) $24,320.00 $34,480,00 $48,640.00 Buildings $294.000.00 $490.000.00 $980.000.00 $318,230.00 $524,480.00 $1,466,640.00 Hires $1 0.00/3years $15.00/5 year $20.00/10 years Land front footage (7.29%) $51,405.00 $77,108.00 $102,810.00 Buildings $294.000.00 $490,000,00 $980,000.00 Total $345,405.00 $567,108.00 $1,082,810.00 .\ 􀁴􀁾􀁬􀁬􀀮􀁩􀁯􀀾􀁉􀀮... _,.......... 􀀭􀀮􀁉􀁾􀀠 : -. Kim, as you can see, the most important determinative ofvalue under the Hipes appraisal approach is the remaining useful life ofthe Bbildings. Ifnecessary, I would be pleased to engage engineers or other professionals to determine their remaining useful life. However, it seems obvious to me that you can count on those Buildings, with little expense, to provide you at least ten (10) years ofadditional service. Yours very truly, 􀁾􀀠Addison Wilson III AW:sel 􀁻􀁾􀁲􀁤􀀠L. Ar "'(" it"!> : ATTOR\.l£YS 􀁁􀁾􀁏􀀠COUNSELORS KENNETH C DIPPEL 214.572.2158 KOIPPEl@COWLESTHOMPSON.COM October 18, 2002 Mr. Addison Wilson, III Attorney at Law 5500 Preston Road Dallas, TX 75205 RE: .00558 Acre Tract of Land Located at the Southwest Corner of the Addison Road and Arapaho Road, Addison, Texas Dear Mr. Wilson: As we discussed over the telephone this morning, the Town of Addison has authorized condemnation of the above-referenced property owned by your client 15211 Addison Road Joint Venture. A copy of the condemnation resolution, which was approved on October 8, 2002. is enclosed. The Town's final offer for the purchase of the property is $229,931.00. [fyour client wishes to accept this offer, please advise by October 31, 2002. [f we do not hear from you by October 31, 2002, we will proceed to file an action in condemnation. Kenneth C. Dippel City Attorney for Town of Addison KCD/yjr Enclosure cc: Mr. Ron Wbitehead, City Manager Mr. Mike Murphy, Director of Public Works Mr. Steve Chutchian. Assistant City City Engine ,".. j:,. .. .. 901 \iAIN STREET SUITE 4000 OALLAS TEXAS 752iJZ 31"; o ALL A S r Y L f R TEL 214 b72.21JOO FAX 214 b72.2020 WWW COWLESTHOMPSIJN.COM 􀁾􀁏􀁗􀁌􀁅􀁓􀀠&THOMPSO. A Professional Corporation ATTORNEYS ANO COUNSELORS ANGELA K. WASHINGTON 214.812-%1404 AWASHINGTON@CaWlESTHOMPSON,COM February 20, 2003 Ms. Janine Barber Republic Title Company 2626 Howell Street, 10th Floor Dallas, Texas 75204 RE: Parcell 􀀨􀁃􀁡􀁦􀁾􀀠Capri), Addison Road Extension Project Yonr 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 of the 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. 􀁾j( 􀁲􀁴􀁦􀁾􀀭􀀭􀀭􀀭􀀭􀀭􀀭. Angela K Washington AKW/yjr c: Mr. Mike Murphy, wlTown Mr. Steve Chutchian, wlTown Mr. Ken Dippel, w/firm qOl MAIN STREET SVITE 4000 DA.LLAS, TEXAS J.,?v: :!;?J o ALL A S T Y L E R TEL 214,072,2000 FAX 214.&72.2020 Docllmctu. 1G41066 www.CowLESTHOMPSON.COM 􀁾􀁏􀁗􀁌􀁅􀁓􀀠&THOMPSO •.􀁾􀀠A Professional CQrporation ATTORNEYS AND COUNSELORS ANGELA K, WASHINGTON 214.672.1144 AWASHING10N@COWlESTHOMPSON,COM January 6, 2003 Mr. Sadrudin Kassam, Manager Mayflower Hotels, LLC 1213 Cottonwood Valley Drive Irving, TX 75038 RE: Parcel 7, Addison Road Extension Project 15200 Addison Road Dear Mr. Kassam: Ken Dippel with this office serves as City Attorney for the Town of Addison. The Town is in the process of extending Addison Road and is currently in the right-of-way acquisition phase of the project. In connection with this project, the Town has determined the need to acquire a portion of the tract of land that is currently occupied by the Mainstay Suites, located at 15200 Addison Road. This land acquisition is necessary for the purpose of obtaining public right-of-way for the Addison Road project along with related municipal uses including public parks and open spaces. We have obtained information from our title company confirming that the current owner of the property is is Bidjaan Boutique Hotels, Ltd., and that Mayflower Hotels, LLC is the general partner of Bidjaan. I am enclosing field notes and a survey depiction showing the area the Town wishes to purchase. The firm of Hipes & Associates appraised the area in March of last year. The enclosed summary sheet shows that the fair market value of the area is $8,475.00. Thus, the Town is willing to purchase the property for $8,475.00. Please advise by January 20, 2003 as to whether Bidjaan is willing to sell the property to the Town. If so, we also note that there is a lien on the property resulting from a default judgment awarded to R.D.L. Supply Company. We will need a partial release from RDL to clear title to the area prior to closing the transaction. [ look forward to hearing from you regarding this matter. Should you have any questions, please feel free to contact me. Sincerely, 􀁾􀀡􀁟􀁮􀀱􀁊􀀭􀀭􀀭􀀭􀀭􀀧􀀠AKW/yjr Enclosures '101 MAIN STREET SUITE 4000 DAllAS, T(\!" .,,' DALLAS T Y l £ R TEt 214 &72.2000 FAX 214 &72.2020 72.2020 www CQWLESTHOMPSON.COM January 6, 2003 Page 2 c(w/Enclosures): Mr. Mike Murpny, Director of Public Works Mr. Steve Cnutcnian, Assistant City Engineer Mr. Kenneth C. Dippel, City Attorney SUMMARY OF SALIENT FACTS A Parkway Easement Acquisition at 15200 AddIson Road Rail Hotels Corp•• Owner Addison, Texas Date of the Appraisal: Value Estimated: Property Rights Appraised: Property Appraised: Property Zoned: Highest & Best Use: "As vacant"; "As improved": Estimates of Fee Simple Value: Whole PropertY Land Value (Sales Comparison): Cost Approach: Income Approach: Sales Comparison Approach: Whole Property: Part Taken: Parkway easement Remainoer Before the Take; Remainder After the Take; March 14, 2002 Market Value· Just Compensation Fee Simple & Easement A ±1.5812 Acre tract improved with a 3 story hotel facility, located at 15200 Addison Rd., Addison, Texas. C; Commercial To be developed in conformity with adjacent land uses as demand warrants. To be maintained as a hotel facility. $ 757,647 $ nla $3,902,182 $3,917,000 $3,900,000 $ 8,475 $3,891,525 $3,900,000 Final Value Estimate: JUST COMPENSATION $ 8,475 iii 1129102 TOWN OF ADDISON, TEXAS FIELD NOTE DESCRIPTION FOR RAIL HOTELS CORPORATION (pARKWAY EASEMENT) BEING a tract out of a 1.5812 acre tract of land located in the G. W. Fisher Survey, Abstract No. 482, in the Quorum Centre Addition, an addition to the Town of Addison, Texas, conveyed to Rail Hotels Corporation by a deed now of record in Volume 99024, Page 01020 of the Deed Records of Dallas County, Texas, said tract of land being mOre particularly described as follows: BEGINNING at a point in south line of said 1.5812 acre tract and in the north line of a 1.3774 acre tract of land conveyed to Outback Steakhouse of Florida, Inc. by a deed now of record in Volume 93046, Page 1218 of the Deed Records of Dallas County, Texas and said point being S 89043'00" E, 20.00 feet from an found "X" in concrete and being the northwest comer of the said Outback Steakhouse tract and the southeast comer of the said Rail Hotels tract; THENCE, N 890 43'00" W, along the north property line of the said Outback Steakhouse tract tract (1.3774 acre tract) and the south property line of the said Rail Hotels tract (1.5812 acre tract), a distance of 8.00 feet to a point for a comer, said point being in the east line of tract ofland 12 feet in width dedicated to the Town of Addison for Addison Road and in the west property line ofthe said Rail Hotels tract (1.5812 acre tract ); THENCE, NOo0 20'03" E, along the east line of the said Town of Addison right-of-way dedication and the west line of the said Rail Hotels tract (1.5812 acre tract), adistance of 192.62 feet to a point for a comer, said point being in the north line of the said Rail Hotels tract (1.5812 acre tract) and the south line of a tract of land conveyed to Quorum Centre Limited Partnership as recorded in Volume 92038, Page 247 of the Deed Records of Dallas County, Texas, said point also being S 530 27' 16" E, a distance of 88.93 feet to a "X" found marking the west right-of-way line of Addison Road and the southeast comer of a tract of land conveyed as Tract II to Oasis Car Car Wash, Inc. as recorded in Volume 97234, Page 6241 of the Deed Records of Dallas County, Texas; THENCE, S 89043'00" E, along the north line of the said Rail Hotels tract and the south line of the said Quorum Centre Limited Partnership, a distance of 8.00 feet to a point for a corner; THENCE, S 000 20'03" W, being at all times parallel and at a perpendicular distance of 8 feet to the west property line of the said Rail Hotel tract and the east line of the said Town of Addison right-of-way dedication, a distance of 192.62 feet to the Point of Beginning, and containing 1,540.96 square feet (0.035 acres) of land. H;\projects.\addison\98143\esmt..doc\plat􀁾5e..􀁡􀁾􀁳􀁷,doc OASIS CAR WASH, INC em .." OASIS CAR WASH, INC. VOL. 97234, PG. 06241I 1 VOL. 97234, PG. 06241 TRACT II TRACT I I ______C::__"=_50_'__I ,--___-'--___ 1/2" IRf 􀁾􀀭􀁌􀀮􀀮􀀮􀀮􀀭􀀮􀀮􀀮􀁌􀁟􀀭􀀭􀀭􀀻􀁾􀀭􀁦 􀀭􀀭􀀧􀀭􀀭􀁟􀀫􀀠'-' .;, "x"IN 􀁾􀀠'v,'toeumcm: #: 1022.010 SECTION 10. That this resolution shall take effeet immediately from and after its passage, as in the Charter in such cases is made and provided. PASSED AND APPROVED this ___day of______-', 2002. Mayor Town ofAddison, Texas ATTEST: Carmen Moran, City Seeretary APPROVED AS TO FORM: Ken C. Dippel, City Attorney RESOLUIlONNO.R,_____-YAG£3 WHEREAS, Midway Centurion, LTD., et aI ("Grantor") is the Owner ofcertain property described in Exhibit A, attsched hereto and made a part hereoffor all purposes; and WHEREAS, the Town ofAddison, Texas ("Grantee") is constructing bridge, utility and drainage improvements through a certain portion of said property, and adjacent to certain other portions ofsaid property; and NOW, THEREFORE, for and in consideration ofthe sum of ONE HUNDRED SIXTEEN THOUSAND FOUR HUNDRED FORTY SIX DOLLARS AND 0011 00 ($116,446.00) and other good and valuable consideration to Grantor in hand paid by Grantee, the receipt and sufficiency ofwhich are hereby acknowledged, Grantor does by these presents Grant, Sell and Convey unto Grantee the following: 1. A permanent easement across, over, under and through that real property descnbed in the previous paragraphs ofExlnbit A and shown and depicted on Exhibit B, both attached to and incorporated herein for all purposes, including constructing, maintaining, replacing, and repairing a public bridge, street, lighting, drainage, and utilities. E:.JALUATION ASSOCIA(ES RIGHT OF WAY LAND RIGHTS ANALYSIS' APPRAISAL' ACQUISITION' SOLUTIONS SUM:MARY OF SALIENT FACTS AND CONCLUSIONS ARAPAHO ROAD PROJECT Property Owner: 15211 Addison Road JV Parcel Nos. 2,2-TE Valuation Conclusion: Whole Property Proposed Acquisition Remainder Before Acquisition Remainder After Acquisition Loss in Value ofRemainder After Determination of Compensation: Permanent Right ofWay (Land Only @$9.00/SF) Compensation for Improvements within Proposed Acquisition Area Temporary Construction Easement Compensation for Improvements within Proposed TCE Total Compensation Date ofAppraisal: July 21, 2002 $705,000 $ 69,712 $635,288 $855,500 $ -0$ 64,686 $ 5,026 $ 39,556 $ 63,934 $173,202 Location: 15223 Addison Road, Town ofAddison, Texas Legal Description: Land Size: Zoning: mghest and Best Use: As ifVacant BEFORE: As ifVacant AFTER: Lot 2, Block 1, Addison Car Care Addition, Town ofAddison, Dallas County, Texas Whole Property (per DCAD records) Right ofway Area Temporary Construction easement Parkway Easement PD (planned Development District) Commercial use Commercial use 1.6188 Acres 0.0476 Acres 0.5045 Acres 0.1170 Acres 11615 Forest Central Drive' Suite 205 • Dallas, Texas 75243·3917 • (214) 553-1414 :OWLES 􀀦􀁔􀁈􀁏􀁍􀁐􀁓􀁏􀁾􀀠A Profession,;1 CorpOriltlon ATTORNEYS AND COUNSELORS ANGELA K, WASHINGTON 214.61:t2144 AWASHINGTON@CQWLESTHOMPSON.COM October 22, 2002 Ms. Cindy Pervenanze, President Oasis Car Wash P.O. Box 1187 Addison, TX 75001 RE: Parking Easement -15209 Addison Road Dear Cindy: Enclosed are Exhibits A, B, and D of the Easement Agreement that I forwarded to you yesterday. Exhibit C is a description of tlie entire property. I am awaiting the deed which I have asked the title company to locate to obtain this description. I will forward a copy to you upon receipt. If you have any questions, please give me a call. 􀁾􀁲􀁲􀀺􀀯􀁾Angela K. washingtoJ /' AKW/yjr Enclosures c: Mr. Mike Murphy, Director of Public Works Mr. Steve Chutchian, Assistant City Engineer Mr. Kenneth C. Dippel, City Attorney qOl MAIN STREET SUITE 4000 GALt.AS. TEXAS 732023;'1,; DALLAS T Y L E R TEl. 214.672.2.000 FAX 214.6722020 WWW,COWLE5THOMPSON.COM EXHIBIT A -/,/29/02 TOW)< 01<' ADDISON, TEXAS FIELD NOTE DESCRIPTION FOR DYSON ENTERl'RISES, LP (pARKWAY EASEMENT) BEL"G • tract oUI of a 1.012 acre tract and out of a 0.304 acre tract of land located ill the EJward Cook Survey, Abstract No. 326. and being ncross Lot I of Block I in the Addison Car Care Addition. an addition to the Town of Addison, Dallas COllnty, TeK", conveyed to Dyson Enterprises, LP by a deed now of record in Volume 2000034, Page 2494, of the Deed R.e<:ords of 0.11.. County, Texas, said tract of land being more particularly described as follows: BEGINNlNG at a point for a comer, said point being the southeast cOrtler of said 1.012 acre tract and the norJleast corner of a 1.295 acre tract of land conveyed to Sambuca Partners Limited Partnership II, LP" by a deed now of record in Volume 94100, Page 05581, of the Deed Records of Dallas County, T.Kas, and being in the west right·of-way line of Addison Road. (generally a 60 foot right-of-way and generally 30 feet to the center line); THENCE, THENCE, Due West, alollg the south line of said 1.012 acre tract. and along the north line of said 1.295 ac'e tract for a distance of20.00 feet to a point for corner, said point being Due East, 310,89 feet from a found 5/8 iron rod and being the southwest comer of said a 1.012 acre tract and the northwest corner of said 1.295 acre tract; TIlENCE, N 000 13'00" E and passing the llorth line ofsaid 1.012 acre Iract and the south line of said 0.304 acre trac1 for a distance of 174.98 feet to a point for a comer in the north line of said 0.304 acre tract and in the south line of a tract of land conveyed to 15211 Addison Road Joint Venture by a deed now of record in Volume 96156, Page 4963 oflne Deed Records ofDaUas County, Texas; THENCE, Due East, along the north line of said 0.304 acre tract and along the south line of said 15211 Addison Road loint Venture tract, a distance of20.00 feet to a point for corner, said point being where an 'X' found in concrete and being in said west right-of-way line of Addison Road; THENCE. S 000 13'00" W along the east line of said 0.304 acre tract and alollg the west right-of-way line of said Addison Road. a distance of 54.98 feet to a found 112 iron rod, said iron rod being the southeast comer of said 0.304 acre tract and the northeast comer of said 1.012 acre tract and continuing S 00013'00" W for a Total distance of 174.98 feet to the Point of l;leginlling and containing 3,499.51 square feet (0,080 acres) of land. ----EXIllIUT II c.------􀀭􀁾􀁾􀁆􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀮􀁟􀁾􀁓􀁏􀀧􀁓􀁾􀀨􀁏􀁩􀀺􀂷􀀠"" '-.., .c::= r SCAlE: I'·60' 1$ OLOCK l.LOT lj" Igt:: 1 􀁉􀁾􀀠 􀁯􀁊􀁾􀁾􀀯􀁜􀀭􀁊􀁉􀁖􀁾􀀠􀁾u. 2r! ..... 1:: i;l§ [;II 􀁁􀁏􀁉􀁬􀁉􀁓􀁑􀁾􀀠R OAO 􀁊􀁏􀁉􀁾􀁔􀀠'IOOIJRE 􀁾􀀲􀁜􀁾􀁏􀀠\ " '\15211