--.. IV (:) 0 0 '" 0 !,.. 􀁾􀀠w c: l>,!:t. '!!!. '0'" 0 OJ c: :::r '" 0 0 0 0 n '" OJc: 0.. 3 :1 '" lfi :I: (1) 􀁾􀀮􀀠OJ em :;2, N 0 0 ... 1 .._, 􀁾􀁏􀁗􀁌􀁅􀁓􀀠􀀦􀁔􀁈􀁏􀁍􀁐􀁓􀁏􀁾􀀬􀁾􀀠A Professional Corporation ATTORNEYS AND COUNSELORS ANGELA K. WASHINGTON 214.672.2144 AWASHINGTON@COWLESTHOMPSON.COM July 29, 2004 Mr, Steve Chutchian Assistant City Engineer Town ofAddison P,O, Box 9010 Addison, TX 75001-9010 RE: Parcel 6 (Motel 6), Arapaho Extension of Road Project Dear Steve: Enclosed for your file is the closing binder for the above-referenced matter. Upon receipt of the original recorded conveyance documents and the owner's title policy, I will forward those items to you, If you have any questions, please give me a calL AKW/yjr Enclosure c(w/oEnc,): Mr, Mike Murphy (w/o Enc,) Mr, Doug Conner (w/o Enc,) Mr, Ken C, Dippel 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 II: 1118514 WWW.COWlESTHOMPSON.COM ...... OWLES 􀀦􀁔􀁈􀁏􀁍􀁐􀁓􀁏􀁨􀁾􀀠A Professfonal Corporation ATTORNEYS ANO COUNSELORS ANGELA K. WASHINGTON 214.612..2144 AWASHINGTON@COWLESTHOMPSON.COM July 9. 2004 Mr. David C. Kent Sedgwick Detert Moran & Arnold, L.L.P. 1717 Main Street, Suite 5400 Dallas, TX 75201 Mr. MarkD. Smith Ramirez & Associates, P.C. 2777 Stemmons Freeway, Suite 933 Dallas, TX 75207-2227 Ms. Cynthia Calhoun County Clerk of Dallas County Records Building 509 Main Street, 2nd Floor Dallas, TX 75202 ion RE: Cause No. 03-007U-B Town ofAddison v. Motel 6 Operating, L.P., et aI. Gentlemen and Ms. Calhoun: Please find enclosed a confonned copy of the Agreed Judgment in the above-referenced cause. Ifyou have any questions, please contact me. Sincerely, AKW/yjr Enclosure c(w/o Ene.): Ms. Mary Pesina, Court Clerk 9tH MAIN STREET SUITE 4000 DALLAS, TEXAS 15202-3193 DALLAS T Y L E R TEL 214,672.200'0 FAX 214.672.2020 WWW.COWLESTHOMPSGN.COM July 9, 2004 Page 2 bee(wfo Ene.): Mr. Mike Murphy (wfo Enc.) Mr. Steve Chutchian, wfAddison (w/o Enc.) Mr. Doug Conner (w/o Enc.) Mr. Ken Dippel, w/finn SOWLES &THOMPSO A Professional Cnrpf.Hation ATTORNEYS AND COUNSELORS AHGELA K. WASHINGTON 214.6722144 AWASHINGTON@COWL..E$TIiOMPSON,COfot July 9, 2004 Ms. Patricia A Shennan Bruce, Esq. Vice President Republic'Title ofTexas, Inc. 2626 Howell Street, lOth Floor Dallas, TX 75204-4064 RE: Town ofAddison v. Motel 6 Operating L.P., et al Your File No. 02R14035/SJ7 Dear Patricia: Enclosed for filing in the Deed Records is a confonned copy of the Agreed Judgment in the above-referenced cause, which vests ownership of the property in the Town of Addison. Please prepare the finalized statements and schedule a closing date. Also, please let me know when you have obtained the necessary affidavits, waivers, and any other documents necessary to ensure clear title to the property. With respect to the Agreed Judgment, please note in particular Paragraph IV, which provides specific instructions regarding payment. Ifyou have any questions, please give me a call. Sincerely, /( r(jJJ--Angela K. Washington AKW/yjr Enclosure c(w/o Enc.): Mr. David Kent Mr. Mike Murphy Mr. Steve Chutchian, w/Addison Mr. Doug Conner Mr. Ken Dippel, w/fum 9tH MAiN STREET SUITE 4000 DALLAS, TEXAS 75202»3793 o ALL A S T Y l E R TEL 214.672.2000 FAX 214,672.2020 WWW.COWlESTHOMPSON.COM DocumcnIII: I I !1.t06 -.OWLES &THOMPSO}" A Professional Corporation ATTORNEYS AND COUNSELORS ANGELA K. WASHINGTON 214.612.2144 AWASHINGTON@COWLESTHOMPSON,COM July 9, 2004 Mr. Steve Chutchian Assistant City Engineer Town ofAddison P.O. Box 9010 Addison, TX 75001-9010 RE; Cause No. 03-00711-B Town ofAddison v. Motel 6 Operating, L.P., et aL Dear Steve: Please find enclosed a conformed copy ofthe Agreed Judgment in the above-referenced cause. I will be forwarding a copy of the Judgment to the Title Company for purposes of filing in the deed records and closing on the property. Ifyou have any questions, please give me a caJl. Sincerely, 􀁾􀁽􀁾􀁾􀀠AKW/Y.ir Enclosure c(w/oEnc.): Mr. Mike Murphy (w/Enc.) Mr. Doug Conner (w/o Enc.) Mr. Ken C. Dippel 901 MAUl STREET SUITE 4000 DALLAS, TEXAS 75202-3793 TEL 214.672.2000 FAX 214.672.2020 www.COWLESHI 0 M PSQ !LC 0 M o ALL A S T Y L E R JOWLES &THOMPSOL A Professional Corporation ATTORNEYS ANO COUNSELORS ANGELA K. WASHINGTON 214.6722144 AWASH1NGTON@COWLESTHOMPSON,COM July 6, 2004 VIA FACSIMILE (214) 855-8848 AND REGULAR U.S. MAIL Ms. Patricia A. Shennan Bruce, Esq. Vice President Republic Title ofTexas, Inc. 2626 Howell Street, 10th Floor Dallas, TX 75204-4064 RE: Town ofAddison v. Motel 6 Operating LP., et al. Your File No. 02R14035/SJ7 Dear Patricia: I have received and reviewed the draft Purchaser's Statement for Parcel 6 (Motel 6), Arapaho Extension ofRoad Project, which is the subject matter ofthe above-referenced cause ofaction. The Agreed Judgment, a copy of which was forwarded to you by letter dated June 30, 2004, has been signed by the parties and filed with the Court. Pursuant to that agreement, the total purchase price for the property is $475,000.00. Thus, please issue the title policy for that amount and amend the Purchaser's Statement accordingly. In connection with the policy, I have executed and am enclosing your Deletion of Arbitration Provision fonn. Ifyou have any questions or need anything further, please give me a call. Sincerely, 􀁁􀁯􀁧􀁤􀀧􀁋􀁷􀀮􀀮􀀮􀀡􀁮􀁮􀀯􀁾􀀠AKW/yjr Enclosure c(wlEnc.): Mr. Mike Murphy, w/Addison (wlEnc.) Mr. Steve Chutchian, wi Addison (w/oEnc.) Mr. Kenneth C. Dippel, w/finn 901 MA!N STREET SUlTE 4000 DALLAS, TEXAS 75202-3793 o ALL A S T Y L E R TEL 214.612.2000 fAX 214.672.2020 WWW.tOWLE.5THOMPSON.COM Documclll#: 1114710 G.F.NO. 02R14035 SJ7 POLICY NO. "'00"'2'--_____ DELETION OF ARBITRATION PROVISION (Not applicable to the Texas Residential Owner Policy) ARBITRATION is a common form of alternative dispute resolution. It can be a quicker and cheaper means to settle a dispute with your Title Insurance Company. However, ifyou agree to arbitrate, you give up your right to take the Title Company to court and your rights to discovery of evidence may be limited in the arbitration process. In addition, you cannot Usually appeal an arbitrator's award. Your policy contains an arbitration provision (shown below). It allows you or the Company to require arbitration if the amount of insurance is $1,000,000 or less. Uyou want to retain your right to sue the Company in case of a dispute over a claim, you must request deletion ofthe arbitration provision before the policy is Issued. You can do this by signing this form and returning it to the Company at or before the Closing ofyour real estate transaction or by writing to the Company. The The arbitration provision in the Policy is as fonows: 'Unless prohibited by applicable law or unless this arbitration section is deleted by specific provision in Schednle B of this 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, unless the Insured is an individual person (as distioguished from a corporation, trust, partnership, association or other legal entity). All arbitrable mailers when the Amount of Insurance is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to tbis Policy and under the Rnles in effect On the date the demand for arbitration is made or, at the option of the Insured, the Rules in effect at the Date of Policy shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court bavingjurisdiction thereof. The Law of the situs of the land shall apply to any arbitration under the Title Insurance Arbitration Rnles. A copy of the Rnles may be obtained from the Company upon request." I request deletion of the Arbitration provision. 􀁾􀁃􀁴􀀩􀁯􀁯􀁹 D I Texas Dept. ofInstllllDce PonnNo. T-7 •• ";OWLES &THOMPSOL A Professional Corporation ATTORNEYS AND COUNSELORS ANGELA K WASHINGTON 214.&12.2144 AWASHINGTON@COWlESTHOMPSON,COM June 22, 2004 Mr. David Kent Sedgwick Detert Moran & Arnold, L.L.P. 1717 Main Street, Suite 5400 Dallas, TX 75201 RE: Agreed Order to Withdraw Funds Town ofAddison v. Motel 6 Operating, L.P., et aI. Cause No. 03-00711-B Dear David: Enclosed is the above-referenced document with a signed signature page. As we discussed, I have noted on the signature page our change from "agreed" to "no objection" as to substance. Once filed with the Court, please provide us with a copy with all signature pages. AKW/}jr Enclosure c(wlEnc.): Mr. Mike Murphy, w/Addison Mr. Steve Chutchian, w/Addison Mr. Doug Conner Mr. Kenneth C. Dippel, w/firm 901 MA1N STREET sunE: 4000 DALLAS. TEXAS 75202·3793 DALLAS T Y L E R TEL 214.6-72.2000 FAX 214.672.2020 WWW.COWlE5THOMPSON.COM DoCum=nlll: 1112103 NO.03-00711-b TOWN OF ADDISON, § IN THE COUNTY COURT § Plaintiff" § § v. § AT LAW NO. 2 § MOTEL 6 OPERATING, L.P., et al., § § Defendants. § DALLAS COUNTY, TEXAS AGREED ORDER TO WITHDRAW FUNDS The Court, being advised that all parties in interest to this cause have agreed to the entry of this Order, as shown by the signatures of approval of counsel of record set out below, is of the opinion that this Agreed Order To Withdraw Funds should be entered. Accordingly, therefore, it is ORDERED that the Dallas County Clerk shall immediately issue a check in the total amount of FOUR HUNDRED THIRTY-ONE THOUSAND, TWO HUNDRED THIRTY-FOUR AND NO/lOO's DOLLARS ($431,234.00) plus any accrued interest, if any (less any statutory administrative fee) payable to "Aceor North America, N.A." (formerly known as or successor-in-interest to Motel 6 Operating L.P., Motel 6 G.P., Inc., and Georges Le Mener, individually and as officer of Motel 6, G.P., Inc., as may be applicable), and shall forward said check via first class U.S. mail to the attention ofRoger Reith, Vice President -Assistant General Counsel, Accor North America, N.A., 4001 International Parkway, Carrollton, TX 75007. SIGNED this __day 0[_____, 2004. Judge Presiding AGREED ORDER TO WITHDRAW FUNDS -Page 1 APPROVED AS TO FORM AND :' €REElB AS TO SUBSTANCE: By '\:.No O::GC-TiPI(}J DAV-ID-C-.KE-cN-=T-:--------State BarNo. 11316400 SEDGWICK DETERT MORAN & ARNOLD, L.L.P. 1717 Main St. --54th Floor Dallas, Texas 75201 (469) 227-8200 (Telephone) (469) 227-8004 (Telecopier) COUNSEL FOR DEFENDANTS ACCOR NORTH AMERICA, INC. £'kIa or Successor in Interest to MOTEL 6 G.P., INC., GEORGES LE MENER, INDNIDUALLY AND AS OFFICER OF MOTEL 6, G.P., INC. 􀁾􀁊􀁃􀀮􀁾􀀠 State Bar No. 05893000 City Attorney for Town ofAddison ANGELAK. WASHINGTON State Bar No. 20897155 Assistant City Attorney for Town of Addison COWLES & THOMPSON, P.C. 901 Main Street, Suite 4000 Dallas, Texas 75202 (214) 672-2000 (Telephone) (214) 672-2020 (Telecopier) COUNSEL FOR PLAINTIFF TOWN OF ADDISON By: 􀀭􀀽􀀺􀁾􀀽􀁣􀀺􀀺􀀽􀀺􀀭􀀭􀀭􀀭______ NED WEBSTER State Bar No. 21053300 HILL GILSTRAP 1400 West Abrams St. Arlington, Texas 76013 (817) 261-2222 (Telephone) (817) 274-9724 (Telecopier) COUNSEL FOR 1OJO'S RESTAURANTS, INC. MARKD. SMITH State BarNo. 18648650 RAMIREZ & ASSOCIATES, P .C. 2777 Stemmons Freeway, Suite 933 Dallas, Texas 75207-2227 (214) 637-0933 (Telephone) (214) 637-3399 (Telecopier) COUNSEL FOR DALLAS INDEPENDENT SCHOOL DISTRICT By: 􀁄􀁁􀁌􀁾􀁌􀁾􀁁􀁾􀁓􀁾􀁃􀁏􀁕􀁎􀁔􀁹􀀬􀁔􀁅􀁘􀁁􀁓􀀠David Childs, Ph.D. Dallas County Tax Assessor-Collector 500 Elm Street Records Building, 1st Floor Dallas, Texas 75202 (214) 653-7811 (Telephone) AGREED ORDER TO WITHDRAW FUNDS -Page 2 􀁾􀁏􀁗􀁌􀁅􀁓􀀠􀀦􀁔􀁈􀁏􀁍􀁐􀁓􀁏􀁾􀀠A ProfeSSional Corporation ATTORNEYS AND COUNSELORS ANGELA K. WASHINGTON 214,612.2144 AWASHINGTON@COWLESTHOMPSON.COM May 10, 2004 Ms. Patricia A. Shennan Broce, Esq. Vice President Republic Title ofTexas, Inc. 2626 Howell Street, 10th Floor Dallas, TX 75204-4064 RE: Your File No. 02R14035/SJ6 Parcel 6 (Motel 6), Arapaho Road Project Dear Patricia: The Town of Addison is in litigation regarding the above-referenced parceL Weare in the process of negotiating an Agreed Judgment. As it has been quite some time since the Title Commitment was prepared for this property, please have an updated Commitment prepared at your earliest convenience. Should you have any questions or need anything further, please give me a call. Sincerely, AKW/yjr c: lvIr. Steve Chutchian, wi Addison Mr. Mike Murphyw/Addison Mr. Doug Conner Mr. Kenneth C. Dippel, w/firrn qUI MAtN" STREET SUITE 40(}O DALLAS, TEXAS 75202-3793 D All A S T Y l E R TEL 214.o72.200G FAX 214.672.2020 Documcntl#: 1106474 WWW.CGWLESTHOMPSGN,COM ;OWLES &THOMPSOl A Professional Corporation ATTORNEYS AND COUNSELORS ANGELA K. WASHINGTON 214.672.2144 AWASHINGTON@CDWt.ESTHOMPSON.COM May 10,2004 Ms. Janine Barber Republic Title Company 2626 Howell Street, 10th Floor Dallas, Texas 75204 Re: Your File No. 02R14036/SJ6 Midway Centurion, Ltd. as Seller to Town of Addison, Texas as Buyer Dear Janine: On April 27, 2004, I sent you a letter requesting a Title Commitment for additional property in connection with the above-referenced transaction on which you worked with John Hill with our office. Enclosed is the executed Agreement for the additional property. Please let me know if you have any questions or if you need anything further. Sincerely, AKW/Y.ir Enclosure c(wio Enc.): . Mr. Mike Murphy (w/oEnc.) Mr. Steve Chutchian (w/oEnc.) Mr. Kenneth Dippel (w/oEnc.) Mr. John Hill 901 MAIN STREET SUITE 4000 DALLAS. TEXAS 752{)2·3193 o ALL A S T Y L E R TEt 214.672.2000 FAX .214.612.2020 Document It: 1106470 WWW.CQW1.E5THOMPSON.COM DoGument#: 1100410 OWLES &THOMPSO}" A Professional Corporation ATTORNEYS AND COUNSELORS ANGELA K. WASHINGTON 214.6722144 AWASHiNGTON@COWLESTHOMP50N.COM May 3, 2004 Ms. Gayle Walton Department Secretary City Manager's Office Town of Addison P.O. Box 9010 Addison, TX 75001-9010 RE: Parcel 5 (Heritage Inn Number XIII), Arapaho Extension of Road Project Dear Gayle: In connection with the transaction for the above-referenced property, enclosed for the Town of Addison's files are the following documents: I. Copy of paid tax receipts; 2. Copy of Release of Lien recorded in Volume 2004022, Page 9132, Dallas County, Texas; 3. Original recorded Right-of-Way Deed recorded in Volume 2004022, Page 9137, Dallas County, Texas; 4. Original recorded Temporary Construction Easement recorded in Volume 2004022, Page 9143, Dallas County, Texas; and 5. First American Title Insurance Company Owner', Policy No. 074459 O. By copy of this letter, I am forwarding copies of all enclosed documents to Steve Chutchian for his closing binder. If you have any questions, please give me a call. AKW/Y.ir Enclosures o ALL A S T Y L E R 901 MAIN STREET TEL 214.672.200D SUITE 4000 DALLAS. TEXAS FAX 214.672.2020 15202-3193 WWW.COWlE5THOMPSON.caM May 3, 2004 Page 2 c(w/o Enclosures): Mr. Mike Murphy (wlEnclosures) Mr. Steve Chutchian (w/o Enclosures) Mr. Kenneth C. Dippel Documem It. 11G5467 OWLES &THOMPSOI A Professional CnrporatiOl! ATTORNEYS AND COUNSELORS ANGELA K. WASHINGTON 214.672.2144 AWASHJNGTON@COWLESTHOMPSQN.COM May 3, 2004 Mr. David Kent Sedgwick Detert Moran & Arnold, L.L.P. 1717 Main Street, Suite 5400 Dallas, TX 75201 RE: Town ofAddison v. Motel 6 Operating, L.P., et at. Cause No. 03-00711-B Dear Mr. Kent: Enclosed for your review and execution is our proposed Agreed Judgment in the abovereferenced cause. Once you have executed the document, please return it to me and I will forward it to Mr. Ned Webster, the attorney for Jojos Restaurants, Inc., for his signature. As we have been trying to obtain your client's approval for quite some time, if I do not receive the executed Agreed Judgment or hear from you concerning language changes to the document within five (5) business days, I will assume that Motel 6 does not wish to finalize the settlement terms to which we agreed, and I will ask Mr. Conner to obtain a trial date. Sincerely, 􀁾􀀢􀀡􀀢􀁮􀀡􀀯􀀠AKW/yjr Enclosure c(w/o Ene.): 1M. Mike Murphy, wlTown ofAddi'son Mr. Steve Chutchian, wlTown ofAddison Mr. Doug Conner Mr. Kenneth C. Dippel, w/firm 901 MAIN STREET SUITE 4000 DALLAS, TEXAS 75202·37'13 D ALL A S T Y l E R TEL 214.672.2000 FAX 214.672:.2020 WWW.COWU:ST«OfAPSON.COM 􀁾􀁏􀁗􀁌􀁅􀁓􀀠&THOMPSO. A Professional CorporatiOn ATTORNEYS AND COUNSELORS ANGELA K. WASHINGTON 214.672.2144 AWASHINGTON@COWl.ESTHQMPSON.COM May 3, 2004 Mr. Steve Chutchian Assistant City Engineer Town ofAddison P.O. Box 9010 Addison, TX 75001-9010 RE: Town ofAddison v. BuUouglllLykos Office Building No.1, LP., et aL Cause No. 02-14363-B Dear Steve: In connection with the above-referenced case, enclosed is a copy of Doug Conner's correspondence to the Court forwarding an Order of Possession. As you will note, it has been conditionally accepted by the Landowner. I will forward to you a copy of the conformed Order once we receive it. If you have any questions, please give me a call. Sincerely, 􀁾􀁇􀁙􀁾􀁦􀀲􀁌􀀭􀀭􀀾􀀠Angela K. Washington 1t7' AKW/Y.ir Enclosure c(wlEnc.): Mr. Mike Murphy (wlEnc.) Mr. Ke•..neth C. Dippel, w/firm 901 MAIN STREET SUITE 4000 CALLAS, TEXAS 75202-3793 DALLAS T Y L E R TEL 214.o72.200{) FAX 214.672.2020 WWW.COWI.E5THOMPSON.COM DIx:umimI fi: 1105525 Apr 30 2004 8,55AM BOYLE I\. LOWRY 972 650-0148 p.2 BOYLE & LOWRY, L.L.P. JOHN F. BOYLE,JR. A"ITORNEYS AND COUNSELORS (972) 650-7100 L. STANTON LowRy 4201 W1NGIUlN, SUITE 108 Fax: (972)650-1105 MATItlBW C. G. BoYLE mVING, Tl!XAS 75062-Z763 DoOOLAS H. CONNEl.1ll Writer' 5 Direct Line: MICHABl..K. KAlLAS 9Iww,boyle-lowty.eom (972) 650-7106 DAVIDH.BR=· E-mail: QhOQnner@boyle-iowry.com ALANC. WAYLAND' *OFCoUNSEL April 30. 2004 Clerk ofthe Court County Court at Law No.2 Records Building, 3rd Floor 500 Main Street Dallas, Texas 75202 Re: ENTRY OF ORDER OF POSSESSION; Town ofAddison v, Bullough/Lykos Office Building No, 1, L.P. et aI.; Cause No. 02-14363-B Dear Clerk: Please forward the enclosed Order that has been conditionally accepted by the Landowner. With such conditions, the Condemning authority accepts this Order of Possession being conditioned as provided in the Order. I have taken the liberty of providing to you a selfaddressed postage prepaid envelope for the return of two conformed copies of this Order. Order. Should the judge have any questions about this Ordet, do not hesitate to have him call the lllIdersigned andlor Landowners' counsel Ken Wright. Mr. Wright's address and phone number is on the Order and my address and phone number is on the Motion and on the letterhead to the transmittal ofthe Order to the Court. Thank you for your courtesies and assistance in the handling of this matter. Sincerely yours, BOYLE & LOWRY. L.L.P. ,Enclosure cc: Ken Wright Rogers & Wright, P.C. 1341 W. Mockingbird Suite 950 West Dallas. Texas 75247-6907 p.3 Apr 30 2004 8:55AM BOYLE L LOWRY 972-650-0148 Clerk of the Court April 3D, 2004 Page 2 < bee: Angela K. Washington (via fax, w/enclosure) Cowles & Thompson 901 MaID Street, Suite 4000 Dallas, Texas 75202-3793 p.4 972-6S0-0148Apr :30 2004 8'.SSAM_!'!QYLE 8. LOI.IRY --'CAUSE NO. 02-14363-B TOWN OF ADDISON § IN THE COUNTY COURT § Plaintiff, § § v. § AT LAW NUMBER 2 § BULLOUGHfLYKOS OFFICE § BUILPING NO.1, L.P:, et at. § § Defendant. § DALLAS COUNTY, TEXAS ORDER On the __ day 􀁯􀁦􀁾􀁾_____" 2004, the Court considered Plaintiff Town of Addison's Motion for Possession in the above-entitled and numbered cause. After considering . the pleadings and evidence filed therewith, the Court fmds that the Town of Addison has complied with the requirements of·Texas Property Code § 21.021, and is therefore entitled to immediate possession ofthe subject property. IT IS THEREFORE ORDERED that the Clerk ofthe Court shall immediately issue an Order' of Possession allowing the Town of Addison to take possession of the property for which it has brought this action and for which it has made a payment ofthe Commissioners' Award and that the Town of Addison be allowed to take possession of such real ,property within ten (10) days of the entry ofthis Order. The sheriff or constable is further ORDERED to remove fru:n the property the persons or personalty of any person who might claims through Defendants during the pendency of this proceeding should after the expiration of ten (10) days a written , ' request be fust tendered to the Landowners' attorney ofrecord and not be fully responded to tty , twenty (20) days thereafter. ORDER GRANTING POSSEssrON p.5 972-650-0148 Apr 30 2004 8:55AM BOYLE *' LOWRY Signed this the ___,. day of________--', 2004. JUDGE PRESIDING CONDITIONAL ACCEPTANCE BY LANDOWNERS: The Landowners do not challenge the Condemnor's right to possession of the property for which there has been a deposit made of the Commissioners' Award. The Landowners' actions in not challenging the Town of Addison's Motion for Possession does not constitute a waiver of any of the Landowners' defenses in this action specifically including the right to challenge the issue of the right to take as wen as lack of good faith negotiations arid the challenge of the 􀁾􀁵􀁦􀁦􀁩􀁣􀁩􀁥􀁮􀁥􀁹􀀠ofthe Commissioners' Award. /K /ri tate Bar ROGERS 1341 W. Mockingbird Lane , Suite' 950 West Dallas, Texas 75247-6907 (214) 920-9500 Fax: (214) 920-950I H:\DConneMddison v. Bullough\Plc:adfnSI'Drdcr Granting Possessicm.v.2.doc OJUlER GRANTING POSSESSION PAGE 2 COWLES &THOMPSC 􀁾􀀠A Professional Corporation ATTORNEYS AND COUNSELORS ANGELA K. WASHINGTON 214.6722144 AWASHINGfON@COWLESTHOMPSON.COM June 13, 2003 Ms. Patricia A. Sherman Bruce, Esq. Vice President Republic Title ofTexas, Inc. 2626 Howell Street, 10th Floor Dallas, TX 75204-4064 RE: ParcelS (Heritage Inn No. XIII), Arapaho Extension of Road Project Your File No. 02R14033/SJ6 Dear Patricia: Enclosed is a copy of the fully executed Contract of Sale for the above-referenced property. Also enclosed are the originals of the Right-of-Way Deed and the Temporary Construction Easement. Please update the Title Commitment and take the necessary steps to close this transaction. You will also find enclosed an executed Deletion of Arbitration Provision form for purposes of the insurance policy. If you have any questions or need anything further at this time, please give me a call. Sincerely, 􀁬􀁾f{ ri!J--; Angela K. Washington AKW/yjr Enclosures c(w/Enclosures): Ms. Lori Kasowski clo Mr. Gary Tharaldson Mr. Steve Chutchian (w/o Enclosures): Mr. Ron Whitehead Mr. Mike Murphy Mr. Ken C. Dippel 901 MAIN STREET SUITE 4000 DALLAS, TEXAS 75202:<3793 D ALL A S T Y L E R TEL 214.612.2000 FAX 214 612,2020 wWW.COWLESTHOMPSON COM COWLES &THOMPSC. i A Professional Corporation ATTORNEYS AND COUNSELORS ANGELAK.WASffiHGTON 214,612..2144 􀁁􀁗􀁁􀁓􀁈􀁉􀁎􀁇􀁔􀁏􀁎􀁀􀁃􀁏􀁗􀁌􀁅􀁓􀁔􀁈􀁏􀁍􀁾􀁏􀁎􀀮􀁃􀁏􀁍􀀠May 29, 2003 VIA HAND DELIVERY Ms. Alice Greer Court Clerk County Court At Law No.2 509 Main St., Suite 311 Dallas, Texas 75202-5755 RE: TOWII ofAddison v. Motel 6 Operating, L.P., et aL Cause No. 03-00711-B Dear Clerk: Enclosed please find an original and tWo copies of Notice of Deposit. for filing in the above-referenced matter. Please file the original among the papers in this cause and return the file-stamped copies to me via our courier .. Also. please present it to Judge Peyton for approval and signature and provide me with a conformed copy in the enclosed self-addressed, stamped envelope. By copy of this letter, counsel of record (for Motel 6 Operating, L.P., Motel 6 G.P., Inc. and Georges Le Mener) and other interested parties have been furwarded a copy of said document as indicated below. Thank you for your attention to this matter. If you have any questions, please contact me. Sincerely, • Angela K. Washington AKW/yjr Enclosures c: Mr. David C. Kent Via Fax 214.389.$399 and Via Certified Mail, RRR # 7001 19400002 0589 7386 Jojos Restaurants, Inc. Via Certifted Mail, RRR # 7001194000020589 7430 Cynthia Calhoun, Co. Clerk Via CertiFied Mail, RRR # 70011940000205897447 Dallas I.S.D. Vill Certified Mail, RRR # 70011940000205897454 901 MAIN STREET SUITE 4000 DAllAS, TEXAS 75202-3793 DALLAS T Y L E R TEL 214.672.2000 FAX 214.672.2020 Dl'l(:llmMl" I05-JaJ) WWW.COWLESTHOMPSON.COM May 29, 2003 Page 2 bcc(wlEnc.); Mr. Mike Murphy Mr. Doug Conner (WID Ene.) Mr. Kenneth C. Dippel, w/fum • CAUSE NO. 03-00711-B 200HiAY 29 Pri 2: 26 TOWN OF ADDISON § IN THE 􀁾􀁑􀁕􀁎􀁔􀁙COURT_::.;c:1 "" r....,.. . , ._.,§ CDL:.C\', 􀁜􀀬􀀧􀁾􀀠... 􀁜􀁾􀁩􀀻􀀮􀀠AT LAW NO.I;lALL;\S c:C"iTYv. § § MOTEL 6 OPERATING, L.P., ET AL. § DALLAS COUNTY, TEXAS NOTICE OF DEPOSIT TO SAID HONORABLE COURT: NOW COMES THE TOWN OF ADDISON, Plaintiff in the above styled proceedings, and respectfuJly shows the Court as follows: I. That the Commissioners' Report and Awardhas been filed with the Judge in these proceedings, whereby the amount of damages awarded or adjusted against Plaintiff by the Special Commissioners is FOUR HUNDRED THIRTY-ONE THOUSAND TWO HUNDRED THIRTY FOUR AND NO/lOO DOLLARS (5431,234.00). 2. That Plaintiff desires to enter upon and take possession of the property sought to be taken in these proceedings, pending litigation; and in order that they may do so, the Plaintiff herewith deposits the said amount into the Registry of the Court, by herewith delivering to the Clerk of this Court, Plaintiffs following described check in said amount, to-wit: same being check numbered 19279, dated May 22, 2003, payable to "Dallas County Clerk's Office," • 3. That by reason ofthe above premises, Plaintiff is now entitled to enter upon and take possession of said property. WHEREFORE, premises considered, Plaintiff prays that this Honorable Court issue such Order as may appear necessary and proper for the enforcement of Plaintiffs said right to enter upon and take possession ofsaid property. Town ofAddison II, Motel 11 Operating, L.P. ef at. f'olice of Dettosit Respectfully submitted, BOYLE & LOWRY, L.L.P. DOUGLAS H. CONNER, III Texas Bar No. 04694000 4201 Wingren Plaza Suite 108 Irving, Texas 75062 (972) 650-7100 (Telephone) (972) 650-7105 (Telecopier) COWLES & THOMPSON, P.C. _ 􀁾􀀠II ryr'􀀯􀀧􀁾/J􀁲􀀺􀁾􀁷􀁁􀀸􀁵􀀱􀁎􀀼􀁦􀁩􀁾􀀠Texas BarNo. 20897155 901 Main Street, Suite 4000 Dallas, TX 75202 (214) 672-2000 (Telephone) (214) 672-2344 (Telecopier) ATTORNEYS FORPLAINTWF TOWN OF ADDISON APPROVED, AND WRIT OF POSSESSION ORDERED ISSUED TO THE TOWN OF ADDISON, TEXAS, TIDS DAY OF ,2003. THE HONORABLE JOHN PEYTON Judge oftbe County Court at Law No. Z of Dallas County, Texas Town 01Addison IJ. Motel 6 Opervting, L.p. etaL Notice ofOeposit CERTIFICATE OF SERVICE The undersigned certifies that on the 29th day of May, 2003, a true and correct copy of the foregoing document was delivered via Telecopy and/or Certified Mail, Return Receipt Requested to the counsel ofrecord and defendants listed below. 􀁾􀀯􀀡􀀮􀁡􀀴􀁢AngeiWashingt&J1 David C. Kent Diamond McCarthy Taylor Finley Bryant & Lee, L.L.P. 1201 Elm Street, 34th Floor Dallas, Texas 75270 CQunsel ofRecord for: Motel 6 Operating, L.P. Motel 6 G.P., Inc Georges Le Mener, Individually and as Officer ofMotel 6, G.P., Inc. Jojos Restaurants, Inc. 203 Main Street P-11-5 Spananburg, South Carolina 29319-0001 Dallas County, Texas Cynthia F. Calhoun, County Clerk Records Building, 2nd Floor Dallas, Texas 75202 Dallas Independent School District 3700 Ross Avenue Dallas, Texas 75204 " Town ofAddison J.\ MoU!16 Operating, I-P. et aJ. Notice of Deposit DocYmtl\ll': 1053809 )OWLES &THOMPSOL 􀀮􀁾􀀠A Professional Corporation""Y 1978·2003 ATTORNEYS AND COUNSELORS ANGELA K. WASHINGTON 214Jl72.2144 AWASH1NGTQN@COWLESTHOMPSON,COM May 27, 2003 Mr. Mike Murphy Mr. Steve Chutchian Director ofPublic Works Assistant City Engineer Town ofAddison Town ofAddison P.O. Box 9010 P.O. Box 9010 Addison, TX 75001-9010 Addison, TX 75001-9010 RE: Town ofAddison v. Motel 6 Operating, L.P., et al. Cause No. CC-03-00711-B Parcel 6 Arapabo Extension of Road Project Dear Mike and Steve: As promised in my May 23, 2003 letter, enclosed is the property owners' Objection to Special Commissioners' Finding. Ifyou have any questions, please give me a call. Sincerely, A.g,illK. Jsif!/--_/AKW/yjr Enclosure c (w/o Ene.): Mr. Kermeth Dippel 901 MAIN STREET SUITE 4000 DALLAS, TEXAS 75202<)793 D ALL A S T Y L E R TEL 214.672.2000 FAX 214.672.2020 WWW.COWlESTHOMPSON.COM /NO. cc-03-00711-b TOWN OF ADDISON, § IN THE COUNTY COURT § Plaintiff, § § v. § AT LAW NO.2 OF § MOTEL 6 OPERATING, L.P., £It at., § § Defendants. § DALLASCOUNTY,TEXAS OBJECTION TO SPECIAL COMMISSIONERS' FINDINGS Pursuant to Texas Property Code §2L18, Defendants Motel 6 Operating, L.P., Motel 6 G.P., Inc. (now known as Accor North America, Inc.), and Georges Le Mener, individually and as officer of Motel 6, G.P., Inc., object to the fIndings and award ofthe special commissioners herein, and pray that the Court issue citation to the adverse party and try the case in the same manner as other civil causes. -DaVid C. Kent State BarNo. 11316400 Mary Ann Joerres State Bar No. 10669750 ,DIAMOND McCARTHY TAYLOR FlNLEY BRYANT & LEE, L.L.P. 1201 Elm St. -34th Floor Dallas, Texas 75270 (214) 389-5300 (214) 389-5399 (Fax) ATTORNEYS FOR DEFENDANTS MOTEL 6 OPERATING L.P., , MOTEL 6 G.P., INC. and GEORGES LE MENER, INDIVIDUALLY AND AS OFFICER OF MOTEL 6 G.P., INC. OBJECTIONS TO SPECIAL COMMISSIONERS' FINDINGS -Page 1 50l75-1 214.672.2144 25a 􀁾􀁏􀁗􀁌􀁅􀁓􀀠􀀦􀁔􀁈􀁏􀁍􀁐􀁓􀁏􀁾􀀬􀀠A Professlonal CorpOratiOn􀁾􀀭􀀺􀁲􀀠1978-2003 ATTORNEYS AND COUNSELORS ANGELA K. WASHINGTON AWASHINGTON@COWlESlliOMPSON.cOM May 23, 2003 Mr. Mike Murphy Mr. Steve Chutchian Director ofPublic Works Assistant City Engineer Town of Addison Town ofAddison P.O. Box 9010 P.O. Box 9010 Addison, TX 75001-9010 Addison, TX 75001-9010 RE: TOWll ofAddison v. Motel 6 Operatillg, L.P., et aL Cause No. CC-03-00711-B Parcel 6 Arapaho Extension of Road Project Dear Mike and Steve: Please be advised that the landowners in the above-referenced case have filed objections to the Commissioners' Award. Enclosed is a copy of a letter from the landowners attorney, David Kent, explaining the reasoning for such objections. Basically, they may not pursuc the objections, but did not wish to miss the filing deadline pending their review of the noise stndy and their decision on how to resolve the matter. I have not yet received a copy of the objections, but will forward them to you upon receipt. Please call ifyou have any questions. Sincerely, 􀁾􀁖􀁯􀀨􀀯􀁾􀀠Angela K. Washington AKW/yjr Enclosure c (w/o enc.): Mr. Doug Conner Mr. Kenneth Dippel 901 MAIN STREET SUITE 4GOO DALLAS, TEXAS 15202<)1'93 D ALL A S T Y L E R TEL 214.672.2000 FAX 214.672.2020 WWW.COWLESTHOMPSON.COM May-ZZ-2003 15:50 m6S071D5 T-276 P.OOS/OOS F-764 Taylor Finley Bryant & Lee, LLP. 􀁒􀁥􀁮􀀭􀁡􀁩􀀬􀀻􀀻􀀮􀁾􀁮􀁣􀁣􀀠Tower. 1201 Elm 􀁓􀁬􀁬􀀧􀁾􀁛􀀬􀀠34m Floor. Dallas. Texas. 7S270 • :214: 389-5;'00 • FAX 21<1 3B9-5399 Wrlta',DlmctDbl_ 􀀲􀀱􀀴􀀭􀀳􀀸􀀹􀁾􀀱􀀶􀀠May 19,2003 DouglasH. Conner, m Boyle & LoWI)', P.C. 4301 Wingren-Suite 108 Irving, Texas 75062 Re: No. cc-03-0071l-b Town ofAddison v. Motel 6 Operating. L.P., etal In the Omnty Court At Law No.2. Dalll!! County, TelC!!ll Dear Doug: Enclosed is a copy ofour Objections to the Special CoIIllllissioners'.Findings, which we filed today. We:filed tbi$ as a protective m.easure only, while we review the noise study. Also, one ofour decision-makers on this matter is out oftoWll on an extended business trip, so we will have to wait until he returns before we can make final decisions on how to resolve this matter. After we have had a chance to review all ofthis with the appropriate people at Mate16, we will be in tadwith )'tIU to discuss it fur1he:r. Very truly YOUl'S, 􀀨􀁜􀁾􀁣􀁬􀁃􀁾􀀧􀀢􀁾􀁃􀀮􀁋􀁥􀁮􀁴􀀠DCK.:mks &010= 00; Roger J. Reith (w/enc.) Randy Lee (w/enc.) Mary AnoJoerres(w/eoc.) WW'W.diatllOndmc:anny.oom Austin 6504 Bndgc:pou:.r £?\tift'!'''::!): • St.li!tl'100 -Au.ottin • T I<:C,ICI mi50 • 512 6".$100 .. FAX 'U] 617-5m • Houston SO)! Fan"!.!.'l: • Satt 1300 -􀁈􀁾.. 􀁾-71OJO .. 71' ",.,lUJ • F.....x IU 31.,",171] . JOWLES &THOMPSOL1!.5lX A Professional Corporation􀁾􀀽􀁲􀀠1978-2003 ATTORNEYS ANO COUNSELORS ANGELA K. WASHINGTON 214.672.2144 AWASHINGTON@jCOWLESTHOMPSON.COM May 23,2003 Mr. Mike Murphy Mr. Steve Chutchian Director of Public Works Assistant City Engineer Town of Addison Town of Addison P.O. Box 90lO P.o. Box 9010 Addison, TX 75001-90lO Addison, TX 75001-9010 RE: Town ofAddison v. Motel 6 Operating, L.P., et al_ Cause No. CC-03-00711-B Parcel 6 Arapaho Extension of Road Project Dear Mike and Steve: Please be advised that the landowners in the above-referenced case have filed objections to the Commissioners' Award. Enclosed is a copy of a letter from the landowners attorney, David Kent, explaining the reasoning for such objections. Basically, they may not pursue the objections, but did not wish to miss the filing deadline pending their review of the noise study and their decision on how to resolve the matter. I have not yet received a copy ofthe objections, but will forward them to you upon receipt. Please call if you have any questions. 􀁾􀁹􀁲􀁙􀀷􀁾Angela K. Washington AKW/yjr Enclosure c (w/o euc.): Mr. Doug Conner Mr. Kenneth Dippel 901 MAIN STREET Sl1r1E 40Q(l DALLAS, TEXAS 15202·3193 o ALL A S T Y L E R TEL 214.672.2000 FAX 214.672.2020 Documrolll: 105)533 WWW.CQWlESTHOMPSON.COM May-22-200S 16:60 From-Boyl. &Lowry 9726507105 7-276 P.OOS/OOS F-764 Ret'l:3.i;i....:;:a.ntc ToweL' • 1201 Elm. Sn'eeI. 34th Floor. Dallas Texas. 75270 • 214389-5300 • FAX Z14 389·5399III Wrltor'. DirectDialNumber 214-389-6316 May 19, 2003 Douglas H. Conner, ill Boyle & Lowry, P.C. 4301 Wingren-Suite IQ8 􀁾􀁧􀀬Texas 75062 Re; No. cc-03-00711-b Town ofAddison ..... Motel 6 Operating, L.P., et al In the County Comt At Law No.2 Dallas County. Texas Dear Doug: Enclosed is a copy of our Objections to the Special CommissiOOElIS'.Findings, which we filed today. We :filed this as a protecti ....e measure only, while we review the noise study. Also, one ofour decision-makers on this matter is out oftoWD on an extended business trip, so we will have to wait until he retums before we can make final decisions on how to resol ....e this matter. After we ha....e had a chance to review all ofthis with the appropriate people at Motel 6, we will be in touch with you to discuss it further. Very truly yours, j 1/..-/----"( 􀁾t7f (' j\e..,/() avidC. Kent􀁾􀀠 DCK:mks EllcioSUIe cc; Roger J. Reith (w/enc.) Randy L;.e (w/enc.) Mary AIlD Joerres (w/eoc.) 􀁷􀁾􀀢􀂷􀁷􀀬􀁤􀁩􀁡􀁉􀁬􀀧􀁬􀁯􀁮􀁤􀁭􀁣􀁣􀁡􀁬􀁌􀁨􀁹􀀮􀁣􀁯􀁭􀀠 Austin 􀀨􀀧􀁩􀁾􀀰􀀴􀀠Bndgcl><:li.!l.I Parlrn'lI)o' • SlIi((! 'lOO .. Auortin • T>=1'< • 78130 • 512 6'7_5200 • FAX 'i12 617.5m HOUS£Dn S09 Fm"11r:l .. .5u:i:", 1500 .. 􀁈􀁲􀁾􀁉􀁊􀀮􀁬􀀧􀁲􀀮􀀾􀁄􀀮􀀠.. Te= .. 77010 ... 7l!S ,},.,IUl • FAX 113 !lj}-5179 214.672.2144 gsa SOWLES &THOMPSO_. A Professional Corporation􀁾􀀭􀁹􀀠1978-2003 ATTORNEYS AND COUNSELORS ANGELA K. WASHINGTON AWASH1NGTON@COWLESTHDMPSON.COM April 25 , 2003 Mr. Don Daniel Mr. Joe Coerver Special Commissioner Special Commissioner 9301 Moss Trail 7210 Centenary Avenue Dallas, TX 75231 Dallas, TX 75225 Mr. Larry Phillips Special Commissioner 1049 Eagle Drive DeSoto, TX 75115 RE: Town ofAddison v. Motel 6 Operating, L.P., et aL Cause No. 03-00711-B in the County Court at Law No.2, Dallas Co., Texas Confirmation of Commissioners Hearing Dear Commissioners: I have been informed by the Court that it did not receive the number ofhours that you served on the above-referenced matter. Please provide me with the number of hours that you devoted to the case, so that I may provide that information to the Court. The Court will then order the amount to be paid to each of you. In addition, please provide your social security number so that the Town ofAddison can process your checks. Thank you for your service on this matter. Sincerely, 􀀨􀁾􀁾􀁊􀀨o-Yp---Angela K. Washington • AKW/yjr c: Mr. Mike Murphy Mr. Doug Conner Mr. Ken C. Dippel 901 MAIN STREET SUITE 4000 DALLAS, TEXAS 􀀱􀀵􀀲􀀰􀀲􀂷􀀳􀀱􀁾􀀳􀀠D ALL A S T Y L E R TEL 214,672.2000 FAX 214.672;,2;020 WWW.COWlE5THOMPSOH.COM 14.672..2144 =OWLES &THOMPSO •. A Professional Corporation ATTORNEYS ANO COUNSELORS IIGELA K. WASHINGTON NASHINGTON@COWLESTHOMPSON.COM March 21, 2003 Mr. Ron Whitehead City Manager Town of Addison P.O. Box 9010 Addison, TX 75001-9010 RE: Revised Notice of Commissioners Hearing for Parcel 6, Arapaho Road Project Dear Ron: Enclosed is your copy of the Revised Notice ofHearing for the Commissioners Hearing on Parcel 6. As you will note, the hearing is scheduled for 10:00 a.m. on April 23, 2003 at the Dallas County Records Building in Judge John Peyton's courtroom, 500 Main Street, 3,d Floor, Dallas, Texas 75202. It was rescheduled by the Commissioners at the original setting on March 19, 2003. By copy ofthis letter, I am providing copies ofthis notice to Mike Murphy and Steve Chutchian. A copy will be sent to all Commissioners and copies will be sent by certified mail to all owners or claimants of some interest in the property listed in the petition. Ifyou have any questions, please gi ve me a call. AKW/yjr Enclosure c: Mr. Mike Murphy Mr. Steve Chutchian Mr. Ken Dippel . Mr. Doug Conner (wlEnclosure) (wlEnclosure) 􀀹􀀰􀁾􀀠"AAIN STREET SUIT( 4000 DALLAS, rEXA$ .'52. 'l ALL A S T Y L E R TEL 214 b72.2000 FAX 214.&72 2020 WWW COWL£STHOMPSON.COM 􀁾􀀱􀀱􀁉􀀱􀁾􀀷􀀰􀀧􀀠 to the owners gf said property to be condemned. By copy of this notice, confinnation of this setting is being forwarded to the City Manager of the Town of Addison, the Special Commissioners appointed by the Honorable Court, and to the Court deputy of this Honorable Court. ',]rd SUCH HEARING is now RESCHEDULED for April 2 􀁾􀀰􀀳at 10:00 a.m. in the Courtroom for County Court at Law No.2, the Dallas County Records Building and courtroom of the Honorable Judge John Peyton. County Court at Law No.2, 3'" floor, 500 Main Street, Dallas, Texas 75202. Should Landowners desire to challenge the Town of Addison's Appraisal testimony, the Landowners must in accordance of Section 21.01 I I(b), Texas Property Code provide to Town of Addison's attorney whose name is herein below provided by no later than 10 days prior to the date of the rescheduling of this hearing, all appraisal reports and opinions of value that any challenge the value conclusions and opinions of the Condemnor's Appraisers. APPROVED AND ORDERED BY SPECIAL COMMISSIONERS; , , ! Don Daniel Joe Coerver Larry Phillips /Respectfully submitted, BOYLE & LOWRY L.L.P. 􀁾􀀠􀁾􀀧􀁾􀀠oougJa? nner, III State Bar No. 04694000 4201 Wingren Plaza Suite #108 Irving, Texas 75062 972.650.7100 [Telephone] 972.650.7105 [Teiecopier) Steve Chutchian From: Steve Chutchian Sent: Monday, February 24, 20032:00 PM To: Michael Murphy Subject: Minol MTR (Parcel 6) Addison Rd. Mike: 􀁾􀁹􀀮􀀻􀁬􀁕􀀭􀀧􀁩􀀡􀀵􀁉􀁴􀁥􀁤􀀭􀁦􀁵􀁲􀀱􀁭􀀡􀀮􀀭􀁥􀁅􀁉� �􀁴􀀮􀁩􀁾􀁲foot for the parkway easement on the Minol MTR site. The cost is as follows: amount was $18,590. Steve C. 1 􀁾􀁏􀁗􀁌􀁅􀁓􀀠&THOMPSO" A Professional Corporation ATTORNEYS AND COUNSELORS ANGElA K. WASHINGTON 214.&72.2144 AWASHINGTON@COWLESTHOMPSON.COM February 21, 2003 Mr. Ron Whitehead City Manager Town ofAddison P.O. Box 9010 Addison, TX 75001-9010 RE: Commissioners Hearing for Parcel 6 and 11, Arapaho Road Project Dear Ron: Enclosed is your copy of the Notice of Hearing served on Dale C. Bullough for the Commissioners Hearing on Paroel II. As you will note, the hearing is scheduled for 10:00 a.m. on March 18, 2003 at the Dallas County Records Building in Judge John Peyton's courtroom, 500 Main Street, 3rt! Floor, Dallas, Texas 75202. Also enclosed is your copy of the Notice of Commissioners Hearing served on CT Corporation Systems for Parcel 6 (Motel 6). As stated in the notice, this hearing will be held at 10:00 a.m. on Maroh 19, 2003 at the Dallas County Records Building in Judge John Peyton's courtroom, 500 Main Street, 3,d Floor, Dallas, Texas 75202. . By copy of this letter, I am providing copies of these notices to Mike Murphy and Steve Chutchian. Note that these notices were served by the process server. Notices will be sent by certified mail to all owners or claimants of some interest in the property listed in the petition. If you have any questions, please give me a call. Sincerely, 􀁾􀀩􀀨􀁲􀁦􀀯􀁾􀀠 Angela K. Washington AKW/yjr Enclosures c: Mr. Mike Murphy (wlEnclosures) Mr. Steve Chutchian (wlEnclosures) Mr. Ken Dippel 901 MAIN STREET SUITE 4000 DALLAS, TE.XAS 􀀧􀁾􀀢􀀠j;-'" D ALL A S T Y L E R TEL 214.b72.2000 FAX 214.612 2020 WWW.COWlESTHQMPSON.COM : ." CAUSE NO. 02-14363-B TOWN OF ADDISON ) IN THE COUNTY COURT AT ) Plaintiff, ) ) v. ) LAW NO. 2 ) BULLOUGHIL YKOS OFFICE ) DALLAS COUNTY, TEXAS BUILDlNG NO. I, L.P., ET AL. ) TO: Dale C. Bullough, Registered Agent and Partner ofBulloughJLykos Office BuildingNo. 1, L.P. Applied Property Management Co. 4101 Centurion Way Addison, Texas 75001 Dale C. BuJlough, Registered Agent and Partner of DCB Investment Company 4101 Centurion Way Addison, Texas 75001 NOTICE OF 􀁃􀁏􀁍􀁍􀁉􀁓􀁓􀁉􀁏􀁾􀁒􀀧􀁓HEARING You are hereby notified that the Town of Addison, acting by and through its City Attorney, on January 13, 2003, filed its First Amended Petition in Condemnation with the Clerk in the above-referenced Court of Dallas County Texas wherein it sought the condemnation of certain land, a true copy of which Petition is hereby attached and made a part hereof, and to which reference is made for description of the land sought to be condemned, for a statement of the purposes of condemnation, and for all other legal purposes. This Honorable Court has appointed three special Commissioners who have conferred and determined that they would like to set this MATTER FOR HEARING AT THE TIME AND PLACE HERElN PROVIDED, such hearing to commence at 10:00 a.m. o'clock on the 18th day ofMarch, 2003 at the Dallas County Records Building in the Courtroom of the Honorable Judge John Peyton,. 3'd Floor, 500 Main Street, Dallas, Texas 75202. All parties of record having interest in the subject property are hereby notified to appear at the time and place after set for the purpose of offering any evidence they desire on the issue as to the damages to be assessed against the Town of Addison and to be paid to the owners of said property to be condemned. By copy of this notice, confIrmation of All parties ofrecord having interest in the subject property are hereby notified to appear at the time and place after set for the purpose ofoffering any evidence they desire on the issue as to the damages to be assessed against the Town ofAddison and to be paid to the owners of said property to be condemned. By copy ofthis notice, confinnation of this setting is being forwarded to the City Manager of the Town of Addison, the Special Commissioners appointed by the Honorable Court, and to the Court Deputy of this Honorable Court. Respectfully SUbmitted, BOYLE & LOWRY, L.L.P. 􀁾􀁾􀁾􀀭􀀮􀁾􀀠. Co er,IIl State Bar No. 04694000 4201 WingrenPlaza Suite 108 Irving, Texas 75062 (972) 650-7100 [Telephone] (972) 650-7105 [Telecopier] 􀁁􀁔􀁔􀁏􀁒􀁎􀁅􀁙􀁆􀁏􀁒􀁐􀁌􀁁􀁔􀁨􀁉􀁔􀁾􀀠TOWN OF ADDISON CC: Edward Neal Special Commissioner 7308 Tangleglen Dallas, Texas 75248 Jean Towell Special Commissioner 7309 Tangleglen Dallas, Texas 75248 Charles Fiscus Special Commissioner 1120 Metrocrest Suite #200 Carrolton, Texas 75006 Mr. Ken C. Dippel City Attorney Town ofAddison 901 Main Street, #4000 Dallas, Texas 75202 Angela K. Washington Assistant City Attorney Town of Addison 90 I Main Street, #4000 Dallas, Texas 75202 􀁜􀁜􀁳􀁅􀁒􀁖􀁥􀁒􀁜􀁃􀁯􀁭􀁰􀁡􀁮􀁹􀁜􀁂 􀁯􀁹􀁬􀁥􀁾􀁴􀁯􀁷􀁲􀁹􀁜􀁇􀁥􀁬􀀱􀁥􀁲􀁡􀀮􀁲􀀠Law\gm-c ity ofaddison\Bullough\Pleadjngs\Notice.Henring.doc CAUSE NO. 02-14363-B TOWN OF ADDISON § § IN THE 􀁃􀁏􀁕􀁎􀁔􀁙􀀮􀁃􀀰􀀡􀁊􀁾􀀮􀀻􀀨􀁃􀂣􀁒􀁋􀀠􀀱􀂷􀀧􀁬􀁌􀀮􀁾􀀺􀀬􀀠COUNTY v. § . AT LAW NUMBER 2 § BULLOUGHILYKOS OFFICE § DALLAS COUNTY, TEXAS BUILDING NO.1, L.P., ET AL. § PLAINTIFF'S FIRST AMENDED ORIGINAL PETITION IN CONDEMNATION TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW the Town of Addison, hereinafter referred to as Plaintiff, having by law the right of eminent domain and power of condemnation, acting herein by and through its duly elected City Council (the "Council"), for and on behalf of the Town of Addison, and files this its First Amended Original Petition In Condemnation complaining of BulloughlLykos Office Building No. 1, L.P.; Applied Property Management Co.; Thomas 1. Lykos, Jr., individually and as officer of Applied Property Management Co.; Kircrow Enterprises, Inc.; First Bank & Trust; David F. Weaver, Trustee; and DCB Investment Company, hereinafter referred to as Defendants; 􀁾􀁤􀀧􀁦􀁯􀁲􀀠cause of action Plaintiff respectfully represents to the Court as follows: I. The Plaintiff, Town of Addison, a municipal corporation, has determined that the public necessity requires that certain land should be acquired from the Defendants herein. II. The Defendants are owners or claimants of some interest in the property being acquired who have been identified by diligent search by Plaintiff. Their respective addresses for service of process are: PLAINTIFF'S ORIGINAL PETITION IN CONDEMNATION -P.ge I Bullough/Lykos Office Building No. I, L.P. 4101 Centurion Way Addison, Texas 75001 Dale C. Bullough, Registered Agent Applied Property Management Co. 4101 Centurion Way Addison, Texas 75001 Thomas J. Lykos, Jr. 4101 Centurion Way Addison, TX 75001 Douglas W. Kirkley, Registered Agent Kircrow Enterprises, Inc. 753 Robin Lane Coppell, Texas 75019 First Bank & Trust Attn: Chris Hopkins 2101 Gateway Drive Irving, Texas 75038-2399 David F. Weaver First Bank & Trust 2101 Gateway Drive Irving, Texas 75038-2399 Dale C. Bullough, Registered Agent DCB Investment Company 4101 Centurion Way Addison, Texas 75001 Dallas County, Texas Earl Bullock, County Clerk Records Building, 2nd Floor Dallas, TX 75202 Dallas Independent School District 3700 Ross Avenue Dallas, TX 75204 PLAINTIFF'S ORIGINAL PETITION IN CONDEMNATION -Pagel Doc1imt:flI' 102'161 III. The public purpose of the acquisition is for the construction, relocation and extension of Arapaho Road, a public street in Addison, Texas, as well as for a temporary construction easement to be utilized in the building ofsaid street for a period of thirty (30) months. IV. The Addison City Council has by resolution determined that a fee simple estate is necessary for the construction, relocation and extension of the above-specified new street project. The land to be acquired in fee will be used for such purposes as specified in Paragraph III and although the remainder of Defendant's land will not have access to the new street project, it will maintain its current access to and from Centurion Way. The temporary construction easement will be used for thirty (30) months from the date of possession by Plaintiff as specified III Paragraph VII and returned to the owner thereof. V. Plaintiff is entitled to condenm the fee title in such land for said purposes and asks that it be condenmed for such purposes. VI. The fee simple estate being acquired for the street is described in Exhibit A, attached hereto and made a part of this petition for all purposes. VII. Exhibit B, attached hereto and made a part of this petition for all purposes, describes a temporary construction easement that runs parallel to the street right-of-way which easement is to be used during construction for work areas including the removal of improvements located within the right-of-way being acquired and for other related construction uses. All improvements PLAINTIFF'S ORIGINAL PETITION IN CONDEMNATION -PageJ Documenlll I02jl61 will be removed from the temporary construction easement and it will be returned to its preexisting grade and condition except that no improvements will be reconstructed thereon. This temporary construction easement will be thirty (30) months in duration, said months to run from date ofpossession by the Plaintiff ofthe easement, and to expire automatically on the completion ofthe thirtieth (30th) month after possession by Plaintiff. vm. Plaintiff would show, that through its duly authorized agents, it made bona fide attempts to purchase the required property from the defendant owners, that Plaintiff offered the fee owner fair market value as compensation for the property to be acquired, including damages to the remainder, ifany, and that the parties have been unable to agree upon the sums to be paid for the purchase of this land or damages occasioned by the acquisition of the land and improvements, if any, and asks that special commissioners be appointed as provided by law to assess all amounts due to Defendants for the part taken and damages, ifany. IX. Plaintiff has named all known record owners of the land to be condemned. Plaintiff reseJ:Ves the right to add additional parties ifsuch interests should later appear. X. On August 27, 2002, the City Council of the Town of Addison passed a resolution declaring that public convenience and necessity require that the property described in Exhibits A and B be acquired for the public purpose of construction, relocation, and extension of a public street, to wit Arapaho Road. The resolution further authorized the filing of the condemnation suit on behalf ofthe plaintiff as provided by law. PLAINTlFF'S ORIGINAL PETITION IN CONDEMNAnON -Page 4 WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that Special Commissioners be appointed to determine the compensation to be awarded to the Defendants, that a hearing be held after the parties are properly noticed and the Commissioners render an award to be filed with the Court, that writ of possession issue to Plaintiff and that upon final trial Plaintiff be awarded a judgment vesting fee simple title to the land described in Exhibit A in the Town of Addison, granting a temporary construction easement in the land described in Exhibit B for thirty (30) months from the date of possession, and that fair market compensation including damages, if any, be awarded to Defendants. Plaintiff further prays for costs ofcourt and for such other and further relief, both general and special, as Plaintiff may be entitled to receive. Respectfully submitted, COWLES & THOMPSON, P.C. 901 Main Street, Suite 4000 Dallas, Texas 75202 (214) 672-2000 Fax: (214) 672-2020 Ken C. Dippel City Attorney for Town ofAddison State Bar No. 05893000 Angela K. Washington Assistant City Attorney for Town ofAddison State Bar No. 20897155 -By: "I 11 -Douglas H Conn r State Bar No. 04694000 4301 Wingren, Suite 108 Irving, Texas 75062 (972) 650-7100 Fax: (972) 650-7105 TRIAL ATTORNEY FOR PLAINTIFF TOWN OF ADDISON, TEXAS PLAINTIFF'S ORIGINAL PETITION IN CONDEMNATION Pag' 5 EXHIBIT A ..; Parcel 11 field Note Description Arapaho Road Project Town of Addison Dallas County, Texas BEING a description of a 0.2950 acre (12,852 square foot) tract of land situated in the David Myers Survey, Abstract Number 923, Town of Addison, Dallas County, Texas, and being a portion of a called 1.103 acre tract of land conveyed to Bullough/Lykos Office Building No.1, L. P. on June 11, 1998 and recorded in Volume 98115, Page 03999 of the Deed Records of Dallas County, Texas, said called 1.103 acre tract being all of "Lot 5, Surveyor Addition, Addison West Industrial Park", an addition to the Town of Addison, as evidenced by the plat dated february 7, 1979 and recorded in Volume 79053, Page 0620 of said Deed Records, said 0.3664 acre tract of land being more particularly described by metes and bounds as follows; BEGINNING at a 5/8 inch iron rod set in the proposed North right of way line of Arapaho Road and the South right of way line of a 100 foot wide railroad right of way as conveyed to Dallas Area Rapid Transit Property Acquisition Corporation (herein referred to as DART) on December 27, 1990 and recorded in Volume 91008, Page 1390 Qf said Deed Records, said point being the common Northeast corner of said called 1.103 acre tract and Northwest corner of a called 1. 3713 acre tract of land (designated "Tract 1U) conveyed to 4125 Centurion way, L.P. on June 18, 1998 and recorded in Volume 98121. Page 00188 of said Deed Records, from said point a 1/2 inch iron rod found bears South 45"10'16-East a distance of 0.38 feet, said 0.3664 acre tract of land being 􀁭􀁾􀁲􀁥􀀠particularly described by metes and bounds as follows; THENCE. SOUTH 00·08'05" WEST, departing said lines and along the common East line of said called 1.103 acre tract and West line of said called 1.3713 acre tract. a distance of 78.95 feet to a 5/8 inch iron rod set in the proposed South right of way line of Arapaho Road; I?age 1 of 3 PARCEL 11 -ARAPAHO ROAD PROJECT THENCE, NORTH 89° 58' 49" WEST, departing said common line and along the proposed South right of way line of Arapaho Road, a distance of 162.76 feet to a 5/8 inch'iron rod set in the common West line of said called 1.103 acre tract and East line of a called 4.081 acre tract of land conveyed to Public Storage of Dallas, LTD. on October 3, 1979 and recorded in Volume 79196, Page 3188 of said Deed Records, said called 4.081 acre tract being all of Lot 3, of the Watson and Taylor Subdivision No.2, an addition to the Town of Addison, as evidenced by the plat dated September 12, 1979 and recorded in volume 79180, Page 0888 of said Deed Records: THENCE, NORTH 00°06'08" EAST (called North 00°08'05" East), departing said line and along the common West line of said called 1.103 acre tract and East line of said called 4.081 acre tract, a distance of 78.95 feet to a 1/2 inch iron rod found in the proposed North right of way line of Arapaho Road and the South right of way line of said DART railroad, said point being the common Northwest corner of said called 1.103 acre tract and Northeast corner of said called 4.081 acre tract; THENCE, SOUTH 89°58'49" EAST (called EAST), departing said common line and along the common North line of said called 1.103 a.cre tract,' ,proposed North right of way line of Arapaho Road, and South right of way line of said DART railroad, a distance oE 162.80 feet (called 162.84 feet) to the POrNT OF BBGINNING; CONTAINING an area of 0.2950 acres or 12,852 square feet of land within the metes recited. Page 2 of 3 PARCEL 11 -ARAPAHO ROAD 􀁾􀁒􀁏􀁊􀁅􀁃􀁔􀀠All bearings are referenced to the North Right of Way line of Centurion Way, called S 89°51'55" E, according to the final plat of Lot 3, Surveyor Addition, recorded in Vol. 77173, 􀁾􀁡􀁧􀁥􀀠135, Deed Records of Dallas County, Texas. A plat of even survey date herewith accompanies this description. I, Ayub R. Sandhu, a Registered 􀁾􀁲􀁯􀁦􀁥􀁳􀁳􀁩􀁯􀁮􀁡􀁬􀀠Land Surveyor, hereby certify that the legal description hereon and the accompanying plat represent an actual survey made on the ground under my supervision. /. ]i.. OJ //-I.t-ir R. Sandhu, R.P.L.S. Texas Registration No. 2910 Page 3 of 3 EXHIBITB Parcel Il-TE Field Note Description. Arapaho Road Project Town of Addison Dallas County, Texas BEING a description of a 0.0197 acre (914 square foot) tract of land situated in the David Myers Survey, Abstract Number 923, Town of Addison, Dallas County, Texas, and being a portion of a called 1.103 acre tract of land conveyed to Bullough!Lykos Office Building No.1, L. P. on June 11, 1998 and recorded in Volume 99115, Page 03999 of the Deed Records of Dallas County, Texas, said called 1.103 acre tract being all of ftLot 5, Surveyor Addition, Addison West Industrial Park", an addition to the Town of Addison, as evidenced by the plat dated February 7, 1979 and recorded in Volume 79053, Page 0620 of said Deed Records, said 0.01S7 acre tract of land being more particularly described by metes and bounds as follows; COMMENCING at the common Northeast corner of said called 1.103 acre tract and Northwest corner of a called 1.3713 acre tract of land (designated "Tract 1") conveyed to 4125 Centurion Way, L.P. on June 18, 1998 and recorded in Volume 98121, page 0019S of said Deed Records, said corner being in the proposed North right of way line of Arapaho Road and the South right of way line of a 100 foot wide railroad right of way as conveyed to Dallas Area Rapid Transit Property Acquisition Corporation (herein referred to as DART) on December 27, 1990 and recorded in Volume 91008, Page 1390 of said Deed Records; THENCE, SOUTH 00·08'05" WEST, departing said lines and along the common East line of said called 1.103 acre tract and West line ot said called 1.3713 acre tract. a distance of 78.95 feet to a point in the proposed South right of way line of Arapaho Road for the Northeast corner and POIlf.'e 01' BEGINNING of the herein described tract; THENCE, SOUTH 00·08'05" WEST, continuing along said common line. a distance of 5.00 feet to a point for corner; Page 1 of 2 PARCEL 11-TE -ARAPAHO ROAD PROJECT THENCE, NORTH 89°58'49" WEST, departing said common line, a distance of 162.76 feet to a point in the common West line of said called 1.103 acre tract and East line of a called 4.081 acre tract of land conveyed to Public Storage of Dallas, LTD. on October 3, 1979 and recorded in Volume 79196, Page 3188 of said Deed Records, said called 4.081 acre tract being all of Lot 3, of the Watson and Taylor Subdivision No.2, an addition to the Town of Addison, as evidenced by the plat dated September 12, 1979 and recorded in Volume 79180, Page 0888 of said Deed Records; THENCE, NORTH 00°06' 08" EAST (called North 00°08' 05" East), along the common West line of said called 1.103 acre tract and East line of said called 4.081 acre tract, a distance of 5.00 feet to a point for corner in said proposed South Right of Way line of Arapaho Road; THENCE, SOUTH 89°58'49" EAST, departing said-common line and along said proposed South Right of Way line of Arapaho Road, a distance of 162.76 feet to the POINT OF BEGINNING; CONTAINING an area of 0.0187 acres or 814 square feet of land within the metes recited. All bearings are referenced to the North Right of Way line of Centurion Way, called S 89°51'55" E, according to the final plat of Lot 3, Surveyor Addition, recorded in Vol. 77173, Page 135, Deed Records of Dallas County, Texas. A plat of even survey date herewith accompanies this description. I, Ayub R. Sandhu, a Registered Professional Land Surveyor, hereby certify that the legal description hereon and the accompanying plat represent an actual survey made on the ground under my supervision. 7-/l6-0 /A Sandhu, R.P.L.S. Texas Registration No. 2910 Page 2 of 2 Parcel ll-TE Field Note Description Arapaho Road Project Town of Addison Dallas County, Texas BEING a description of a 0.0187 acre (814 square foot) tract of land situated in the David Myers Survey, Abstract Number 923, Town of Addison, Dallas County, Texas, and bE!ing a portion of a called 1.103 acre tract of land conveyed to Bullough/Lykos Office Building No.1, L.P. on June 11, 1998 and recorded in Volume 98115, Page 03999 of the Deed Records of Dallas County, Texas, said called 1.103 acre tract being all of "Lot 5, Surveyor Addition, Addison West Industrial Park", an addition to the Town of Addison, as evidenced by the plat dated February 7, 1979 and recorded in Volume 79053, Page 0620 of said Deed Records, said 0.0187 acre tract of land being more .particu1arly described by metes and bounds as follows; CONMBNCING at the common Northeast corner or said called 1.103 acre tract and Northwest corner of a called 1.3713 acre tract of land (designated "Tract 1") conveyed to 4125 Centurion Way, L.P. on June 18, 18, 1998 and recorded in Volume 98121, Page 00188 of said Deed Records, said corner being in the proposed North right of way line of Arapaho Road and the South right of way line of a 100 foot wide railroad right of way as conveyed to Daflas Area Rapid Transit Property Acquisition corporation (herein referred to as DART) on December 27, 1990 and recorded in Volume 91008, Page 1390 of said Deed Records; THENCE, SOUTH 00·08'05" WEST, departing said lines and along the common East line of said called 1.103 acre tract and West line of· said called 1. 3713 acre tract, a distance of 78.95 feet to a point in the proposed South right of way line of Arapaho Road for the Northeast corner and POIN'l' 01' BBGINNING of the herein described tract; THENCE, SOUTH 00·08' OS" WE:ST, continuing along said common line, a distance of 5.00 feet to a point for corner; • I?aqe 1 of 2 CAUSE NO. 03-00711-B TOWN OF ADDISON ) IN THE COUNTY COURT AT ) Plaintiff, ) ) v. ) LAW NO. 2 ) MOTEL 6 OPERATING, L.P., et aI. ) DALLAS COUNTY, TEXAS ) Defendant. ) TO: CT Corporation System Registered Agent fur Motel 6, Inc. 1601 Elm Street Dallas, Texas 75201 NOTICE OF COMMISSIONER'S HEARING You are hereby notified that the Town ofAddison, acting by and through its City Attorney, on January 21, 2003, filed its First Amended Petition in Condemnation with the Clerk in the above-referenced Court of Dallas County Texas wherein it sought the condemnation ofcertain land, a true copy of which Petition is hereby attached and made a part hereof, and to which reference is made for description of the land sought to be condemned, for a statement of the purposes of condemnation, and for all other legal purposes . . This Honorable Court has appointed three special Commissioners who have conferred and determined that they would like to set this MATTER FOR HEARING AT THE TIME AND PLACE HEREIN PROVIDED, such hearing to commence at 10;00 a.m. o'clock on the 19'" day ofMarcb, 2003 at the Dallas County Records Building in the Courtroom of the Honorable Judge 10hn Peyton,. 3'" Floor, 500 Main Street, Dallas, Texas 75202. All parties ofrecord having interest in the subject property are hereby notified to appear at the time and place after set fur the purpose ofoffering any evidence they desire on the issue as to the damages to be assessed against the Town of Addison and to be paid to the owners of said property to be condemned. By copy ofthis notice. conftrmation of this setting is being furwarded to the City Manager of the Town ofAddison, the Special Commissioners appointed by the Honorable Court, and to the Court Deputy of this Honorable Court. Respectfully submitted, BOYLE & LOWRY, L.L.P. u sH. Conn, m State Bar No 4000 4201 Wingren Plaza Suite 108 Irving, Texas 75062 (972) 650-7100 [Telephone] (972) 650-7105 [Telecopier] ATTORNEY FORPLAINTnT TOWN OF ADDISON CC: Don Daniel Special Commissioner 9301 Moss Trail DaUas, Texas 75231 JoeCoerver Special Commissioner 7210 Centenary Avenue Dallas, Texas 75225 Larry Phillips Special Commissioner 1049 Eagle Drive DeSoto, Texas 75115 Mr. Ken C. Dippel City Attorney Town ofAddison 901Main Street, #4000 Dallas, Texas 75202 Angela K Washington Assistant City Attorney Town ofAddison 901 Main Street, #4000 Dallas, Texas 75202 !'II\ ... 􀀬􀀮􀀮􀀮􀀭􀀧􀀱􀀧􀀬􀀬􀀭􀁾􀀠CAUSE NO. () "] -􀀰􀀰􀀷􀁉􀁊􀀭􀀭􀁾􀀠.,t .• j.-, r) a ''!, ',.\:"'-:J TOWN OF ADDISON § IN THE CO'UNTY COURT v. § § AT 􀁌􀁁􀁾􀁎􀁕􀁍􀁾􀁩􀁾􀁾􀀬􀁾􀁦􀁑􀀠. ,\ " 􀁲􀂷􀁾􀀠L. <:. .... vut"§ MOTEL 6 OPERATING, L.P., ET AL. § DALLAS COUNTY, TEXAS ,..PLAINTIFF'S ORIGINAL PETITION IN CONDEMNATION TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW the Town of Addison, hereinafter referred to as Plaintiff, having by law the right of eminent domain and power of condemnation, acting herein by and through its duly elected City Council (the "Council"), for and on behalf of the Town of Addison, complaining herein of Motel 6 Operating, L.P.; Motel 6 G.P., Inc.; Georges Le Mener, individually and as officer of Motel 6, G.P., Inc.; and JoJos Restaurants, Inc., hereinafter referred to as Defendants; and for cause ofaction Plaintiff respectfully represents to the Court as follows: I. The Plaintiff, Town of Addison, a municipal corporation, has determined that the public necessity requires that certain land should be acquired from the Defendants herein. II. The Defendants are owners or claimants of some interest in the property being acquired who have been identified by diligent search by Plaintiff. Their respective addresses for service of process are: Motel 6 Operating, L.P. 14651 Dallas Parkway Suite 500 Dallas, Texas 75254 Motel 6 G.P., Inc. 14651 Dallas Parkway Suite 500 Dallas, Texas 75254 PLAINTIFF'S ORIGINAL P£TITION IN CONDEMNATION -Page I Georges Le Mener 14651 Dallas Parkway Suite 500 Dallas, TX 75254 Jojos Restaurants, Inc. 203 E. Main Street P-II-5 Spartanburg, South Carolina 29319-0001 C T Corporation System Registered Agent for Motel 6, Inc. 1601 Elm Street Dallas, Texas 75201 C T Corporation System Registered Agent for 10Jos Restaurants, Inc. 350 N. St. Paul Street Dallas, Texas 75201 Dallas County, Texas Earl Bullock, County Clerk Records Building, 2nd Floor Dallas, TX 75202 Dallas Independent School District 3700 Ross Avenue Dallas, TX 75204 III. The pub lie purpose of the acquisition is for the construction, relocation and extension of Arapaho Road, a public street in Addison, Texas. IV. The Addison City Council has by resolution determined that a fee simple estate is necessary for the construction, relocation and extension ofthe above-specified new street project. The land to be acquired in fee will be used for such purposes as specified herein. PLAINTlFF'S ORIGINAL PETITION IN CONDEMNATION -Pagel 􀁾􀁴􀀧]Ol.t96CI V. Plaintiff is entitled to condemn the fee title in such land for said purposes and asks that it be condemned for such purposes. VI. The fee simple estate being acquired for the street is described in Exhibit A, attached hereto and made a part ofthis petition for all purposes. VII. Plaintiff would show, that through its duly authorized agents, it made bona fide attempts to purchase the required property from the defendant owners, that Plaintiff offered the fee owner fair market value as compensation for the property to be acquired, including damages to the remainder, if any, and that the parties have been unable to agree upon the sums to be paid for the purchase of this land or damages occasioned by the acquisition of the land and improvements, if any. and asks that special commissioners be appointed as provided by law to assess all amounts due to Defendants for the part taken and damages. ifany. VIII. Plaintiff has named all known record owners of the land to be condemned. Plaintiff reserves the right to add additional parties if such interests should later appear. IX. On August 27, 2002, the City Council of the Town of Addison passed a resolution declaring that public convenience and necessity require that the property described in Exhibit A be acquired for the public purpose of construction, relocation, and extension of a public street to wit Arapaho Road. The resolution further authorized the filing of the condemnation suit on behalf of the Plaintiff as provided by law. PLAINTIFF'S ORIGINAL PETITION IN CONDEMNATION -Pagel WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that Special Commissioners be appointed to determine the compensation to be awarded to the Defendants, that a hearing be held after the parties are properly noticed and the Commissioners render an award to be filed with the Court, that writ of possession issue to Plaintiff and that upon final trial Plaintiff be awarded a judgment vesting fee simple title to the land described in Exhibit A in the Town of Addison, and that fair market compensation including damages, if any, be awarded to Defendants. Plaintiff further prays for costs of court and for such other and further relief, both general and special, as Plaintiff may be entitled to receive. Respectfully submitted, COWLES & THOMPSON, P.C. 901 Main Street, Suite 4000 Dallas, Texas 75202 (214) 672-2000 Fax: (214) 672-2020 Ken C. Dippel City Attorney for Town of Addison State Bar No. 05893000 Angela K. Washington Assistant City Attorney for Town of Addison State Bar No. 20897155 LAW OFFICES OF BOYLE & LOWRY, P.C, 􀁂􀁙􀀮􀀢􀁾11(-Dou2;, Conner State Bar No. 04694000 4301 Wingren, Suite \08 Irving, Texas 75062 (972) 650-7100 Fax: (972) 650-71 05 TRIAL ATTORNEY FOR PLAINTIFF TOWN OF ADDISON, TEXAS PLAINTIFF'S ORIGINAL PETITION IN CONDEMNATION -Pag' 4 EXHIBIT A Parcel 6 field Note Description Arapaho Road Project Town of Addison Dallas County, Texas BEING a description of a 0.6430 acre (28,008 square foot) tract of land situated in the Edward Cook Survey, Abstract Number 326, Town of Addison, Dallas County, Texas, and being a portion of a called 4.9814 acre tract of land as conveyed to Motel 6 Operating L.P. on february 1, 1990 and recorded in Volume 90024, Page 0779 of the Deed Records of Dallas County, Texas, said called 4.9814 tract being all of the Rodeway Inn, an addition to the Town of Addison, as evidenced by the plat dated January 16, 1981 and recorded in Volume 81052, Page 0775 of said Deed Records, said 0.6430 acre tract of land being more particularly described by metes and bounds as follows; BEGINNING at a 1/2 inch iron rod found in the proposed North right of way of Arapaho Road and the South right of way line of a 100 foot wide railroad right of way as conveyed to Dallas Areq Rapid Transit Property Acquisition Corporation (herein referred to as DART) DART) on December 27, 1990 and recorded in Volume 91008, Page 1390 of said Deed Records, said point being the common Northwest 'corners of said called 4.9814 acre tract and said Rodeway Inn and Northeast corner of a called 3.334 acre tract of land as conveyed to Addison, R. E. on September 15, 1995 and recorded in Volume 95181, Page 03931 of said Deed Records, said called 3.334 acre tract being all of the Iceoplex Addition, an addition to the Town of Addison, as evidenced by the plat dated on September 20, 1995 and recorded in Volume 95210, Page 03012 of said Deed Records; THENCE, SOUTH 89°58'49" EAST, along the common proposed North right of way line of Arapaho Road, North line of said called 4.9814 acre-tract and South right of way line of said DART railroad, a distance of 268.11 feet (said line being called South 88 0 51' 59" East -76.23 feet and South 89"11' 14" East 216.99 feet) to a 5/8 inch iron rod set for the beginning of a tangent curve to the left; Exhibit A Page 1 of 3 PARCEL 6 -ARAPAHO ROAD PROJECT THENCE, EASTERLY, continuing along said common line and along the ar:c of said cur:ve to the left having a r:adius of 2,914.79 feet, a cent'r:al angle of 2·03' 16", a chor:d bear:ing Nor:th 88·59' 33" East for: 104.51 feet, for: an ar:c distance of 104.52 feet (said cur:ve being called Nor:th 84·35'23" East 79,73 feet) to a 5/8 inch ir:on r:od set for: the common Nor:theast cor:ner: of said called 4.9814 acr:e tr:act and Nor:thwest cor:ner: of a called 4,1525 acr:e tract of land as conveyed to Her:itage Inn Number: XIII on Januar:y 24, 1997 and r:ecor:ded in Volume 97018, Page 00073 of said Deed Recor:ds, said called 4.1525 acr:e tract being a por:tion of Addison Restaur:ant Par:k, a addition to the Town of Addison, dated Mar:ch 9, 1988 and recor:ded in Volume 88066, Page 4219 of said Deed Recor:ds; THENCE, SOUTH 00·24'10" EAST (called South 00"27'09" East), depar:ting said common line and along the common East line of said called 4.9814 acr:e tr:act and West line of said called 4.1525 acr:e tr:act, a distance of 80.83 feet to a 5/8 inch ir:on r:od set in the pr:oposed South right of way line of Ar:apaho Road; . THENCE, NORTH 89'58'49" WEST, depar:ting said common line and along the pr:oposed South r:ight of way of Arapaho Road, a distance of 296,05 feet to a 5/8 inch iron r:od set in the common West line of said called 4,9814 acre tr:act and East line of said called 3.334 acre tract; THENCE, NORTH 00·31'18" WEST (called North 00·28'23" West), departing said line and along the said common West line of said called 4.9814 acre tract and East line of said called 3.334 acre 􀁸􀁲􀁾􀁣􀁴􀀬􀀠a distance of 19.13 feet to a 1/2 inch iron rod found for: a common inter:ior ell corner: of said called 4.9814 acre tract and the most Easterly Northeast corner of said called 3.334 acre tract; THENCE, SOUTH 89"55'39" WEST (called North 88"51'59" West), along a South line of said called 4.9814 acre tr:act and a Nor:th line of said called 3.334 acre tract, a distance of 75.91 feet (called 75.60 feet) feet) to a 1/2 inch iron rod found for the common most Westerly Southwest corner of said called 4.9814 acre tract and an interior ell corner of said called 3.334 acre tract; THENCE, NORTH 00"59' 43" WEST (called North 01 "04' 54" West), along the common West line of said called 4.9814 acre tract anj East line of said called 3.334 acre tract, a distance of 59. E feet (called 60.10 feet) to the POINT OF BEGINNINGi Page 2 of 3 PARCEL 6 -ARAPAHO ROAD PROJECT CONTAINING an area of 0.6430 acres or 28,008 square feet of land within the metes recited. All bearings are referenced to the North Right of Way line of Centurion Way, called S 89"51'55" E, according to the final plat of Lot 3, Surveyor Addition, recorded in Vol. 77173, Page 135, Deed Records of Dallas County, Texas. A plat of even survey date herewith accompanies this description. I, Ayub R. Sandhu, a Registered Professional Land Surveyor, hereby certify that the legal description hereon and the accompanying plat represent an actual survey made on the ground under my supervision. 􀁾;c. 􀀵􀁾􀀬􀀮􀀮􀀮􀁯􀀺􀀠1/-/5< IT 􀁾􀁒􀀮􀀠Sandhu, R.P.L.S. Texas Registration No. 2910 Page ) of ) ':;OWLES &THOMPSO ..25d A Professional CQrporation􀁾􀀠='lI' ATTORNEYS AND COUNSELORS1978-2003 􀁾􀁁􀁎􀀨􀁦􀁅􀁩􀁁􀀭􀁋􀁟􀀠WASHINGTON 21,U72.2144 AWASHINGTON@COWlESTtfOMPSON.C:OM February 6, 2004 Mr. Steve Chutchian Assistant City Engineer Town ofAddison P.O. Box 9010 Addison, TX 75001-9010 RE: Parcel 5 (Heritage Inn), Arapabo Extension of Road Project Dear Steve: Enclosed for your file is the Purchaser's Closing Binder for the above-referenced property. Once I receive the original recorded conveyance documents and the owner's policy from the Title Company, I will forward those to Gayle Walton for the Town's records. If you have any questions, please give me a call. Sincerely, 􀀬􀁾􀁾􀁹􀁾􀀬􀀭􀁊􀀨􀀮􀀠. Angela K. Washington AKW/Y,jr Enclosure o(w/o Ene.): IvIr. Mike Murphy (w/o Ene.) Mr. Kenneth C. Dippel 901 MAIN STREET SUITE 4000 DALLAS, TEXAS 75202<3793 DALLAS T Y L E R TEL 214.&72.2000 FAX 214.072.2020 Document /'I: l092279 WWW.COWLESTHOMPSON.COM .gsa JOWLES &THOMPSOI . ~7 ~7 A Professional CorpGraUon 1978-200; ATTORNEYS AND COUNSELORS ANGELA K. WASHINGTON 214,G72.2144 AWASHINGTON@COWLESTHOMPSON,COM January 24, 2003 Mr. Mike Murphy Director ofPublic Works Town of Addison Addison Service Center 16801 Westgrove Drive Addison, TX 75001-5190 RE: Parcel 6 (Motel 6), Arapaho Road Project Dear Mike: Enclosed is a copy of the Petition in Condemnation for the above-referenced property which was filed Tuesday, January 21, 2003. The case has been assigned to County Court at Law No.2. Conunissioners have not yet been appointed. We will keep you apprised regarding this matter. Sincerely, /IF-'V'v-J( 􀁾􀀯􀀭􀁦􀁊􀀭􀀭􀀭􀀭AngelaK. Washington (J O-;1c7 AKW/yjr Enclosure c(w/o Enclosure): Mr. Steve Chutchian Mr. Kenneth Dippel, City Attorney >.-. 901 MAIN STREET SUITE 4000 DALLAS, TEXAS 75202·3793 D ALL A S T Y L E R TEL 214,672.2000 FAX 214.672.2020 www.cowLESTHOMf.S()N.COM 􀁾􀀠􀀬􀀮􀀮􀀮􀀮􀀮􀀬􀀮􀀮􀁾􀀡􀀠􀁲􀁯􀀭􀀭􀁾oollL 􀀮􀁾􀀠-g,. '.'CAUSE NO. 03 .. ' .,; \ :,". 􀁜􀀮􀁾􀀬􀀺􀀠2CJ TOWN OF ADDISON § IN THE COUNTY COURT v. I AT LAW 􀁎􀁔􀁲􀁾􀁂􀁬􀁦􀁴􀁫􀁅􀁆􀀮􀁋􀀠'I ,"·\1 􀁲􀁳􀁃􀁵􀁾§ ;"L-L-h MOTEL 6 OPERATING, L.P., ET AL. § DALLAS COUNTY, TEXAS PLAINTIFF'S ORIGINAL PETITION IN CONDEMNATION TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW the Town of Addison, hereinafter referred to as Plaintiff, having by law the right of eminent domain and power of condemnation, acting herein by and through its duly elected City Council (the "Council"), for and on behalf of the Town of Addison, complaining herein of Motel 6 Operating, L.P.; Motel 6 G.P., Inc.; Georges Le Mener, individually and as officer of Motel 6, G.P., Inc.; and JoJos Restaurants, Inc., hereinafter referred to as Defendants; and for cause of action Plaintiff respectfully represents to the Court as follows: I. The Plaintiff, Town of Addison, a municipal corporation, has detennined that the public necessity requires that certain land should be acquired from the Defendants herein. IL The Defendants are owners or claimants of some interest in the property being acquired who have been identified by diligent search by Plaintiff. Their respective addresses for service of process are: Motel 6 Operating. L.P. 14651 Dallas Parkway Suite 500 Dallas, Texas 75254 Motel 6 G.P., Inc. 14651 Dallas Parkway Suite 500 Dallas, Texas 75254 PLAINTIFF'S ORIGINAL PETITION IN CONDEMNATION -Page 1 Doculflmltl.102496O Georges Le Mener 14651 Dallas Parkway Suite 500 Dallas, TX 75254 Jojos Restaurants, Inc. 203 E. Main Street P-II-5 Spartanburg, South Carolina 29319-0001 C T Corporation System Registered Agent for Motel 6, Inc. 1601 Elm Street Dallas, Texas 75201 C T Corporation System Registered Agent for JoJos Restsurants, Inc. 350 N. St. Paul Street Dallas, Texas 75201 Dallas County, Texas Earl Bullock, County Clerk Records Building, 2nd Floor Dallas, TX 75202 Dallas Independent School District 3700 Ross Avenue Dallas, TX 75204 III. The public purpose of the acquisition is for the construction, relocation and extension of Arapaho Road, a public street in Addison, Texas. IV. The Addison City Council has by resolution determined that a fee simple estate is necessary for the construction, relocation and extension ofthe above-specified new street project. The land to be acquired in fee will be used for such purposes as specified herein. PLAINTIFF'S ORIGINAL nTlTlON IN CONDEMNATION -Page 1 V. Plaintiffis entitled to condemn the fee title in such land for said purposes and asks that it be condemned for such purposes. VI. The fee simple estate being acquired for the street is described in Exhibit A, attached hereto and made a part ofthis petition for all purposes. VII. Plaintiff would show, that through its duly authorized agents, it made bona fide attempts to purchase the required property from the defendant owners, that Plaintiff offered the fee owner fair market value as compensation for the property to be acquired, including damages to the remainder, if any, and that the parties have been unable to agree upon the sums to be paid for the purchase of this land or damages occasioned by the acquisition of the land and improvements, if any, and asks that special commissioners be appointed as provided by law to assess all amounts due to Defendants for the part taken and damages, if any. VIII. Plaintiff has named all known record owners of the land to be condemned. Plaintiff reserves the right to add additional parties if such interests should later appear. IX. On August 27, 2002, the City Council of the Town of Addison passed a resolution declaring that public convenience and necessity require that the property described in Exhibit A be acquired for the public purpose of construction, relocation, and 􀁥􀁸􀁴􀁾􀁳􀁩􀁯􀁮􀀠of a public street, to wit Arapaho Road. The resolution further authorized the filing of the condemnation suit on behalf ofthe Plaintiff as provided by law. PLAINTIFF'S ORIGINAL PETITION IN CONDEMNATION -Page 3 WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that Special Commissioners be appointed to determine the compensation to be awarded to the Defendants, that a hearing be held after the parties are properly noticed and the Commissioners render an award to be filed with the Court, that writ ofpossession issue to Plaintiff and that upon final trial Plaintiff be awarded a judgment vesting fee simple title to the land described in Exhibit A in the Town of Addison, and that fair market compensation including damages, if any, be awarded to Defendants. Plaintiff further prays for costs of court and for such other and further relief, both general and special, as Plaintiff may be entitled to receive. Respectfully submitted, COWLES & THOMPSON, P.C. 901 Main Street, Suite 4000 Dallas, Texas 75202 (214) 672-2000 Fax: (214) 672-2020 Ken C. Dippel City Attorney for Town ofAddison State Bar No. 05893000 Angela K. Washington Assistant City Attorney for Town ofAddison State Bar No. 20897155 LAW OFFICES OF BOYLE & LOWRY, P.C. By: 􀁾􀀱􀀮􀀶􀁾􀀡􀁉􀁌􀀠State Bar No. 04694000 4301 Wingren, Suite !O8 Irving, Texas 75062 (972) 650-71 00 Fax: (972) 650-7105 TRIAL ATTORNEY FOR PLAINTIFF TOWN OF ADDISON, TEXAS PLAINTIFF'S ORIGINAL PETITION IN CONDEMNATION -Page 4 EXHIBIT A Parcel 6 Field Note Description Arapaho Road Project Town of Addison Dallas County, Texas BEING a description of a 0.6430 acre (28,008 square foot) tract of land situated in the Edward Cook Survey, Abstract Number 326, Town of Addison, Dallas County, Texas, and being a portion of a called 4.9814 acre tract of land as conveyed to Motel 6 Operating L.P. on February 1, 1990 and recorded in Volume 90024, Page 0779 of the Deed Records of Dallas County, Texas, said called 4.9814 tract being all of the Rodeway Inn, an addition to the Town of Addison, as evidenced by the plat dated January 16, 1981 and recorded in Volume 81052, Page 0775 of said Deed Records, said 0.6430 acre tract of land being more particularly described by metes and bounds as follows; BEGINNING at a 1/2 inch iron rod found in the proposed North right of way of Arapaho Road and the South right of way line of a 100 foot wide railroad right of way as conveyed to Dallas 􀁁􀁲􀁥􀁾􀀠Rapid Transit Property Acquisition Corporation (herein referred to as DART) on December 27, 1990 and recorded in Volume 91008, Page 1390 of said Deed Records, said point being the corrunon Northwest corners of said called 4.9814 acre tract and said Rodeway Inn and Northeast corner of a called 3.334 acre tract of land as conveyed to Addison, R.E. on September 151 1995 and recorded in Volume 95181, Page 03931 of said Deed Records, said called 3.334 acre tract being all of the Iceoplex Addition, an addition to the Town of Addison, as evidenced by the plat dated on September 20, 1995 and recorded in Volume 95210, Page 03012 of said Deed Records; THENCE:, SOUTH 89°58' 49" EAST, along the corrunon proposed North right of way line of Arapaho Road, North line of said called 4.9814 acrE! tract and South right of way line of said DART railroadl a distance of 268.11 feet (said line being called South 8SoS1' 59" E:ast -76.23 feet and South 89°11' 14" East 216.99 feet) to a 5/8 inch iron rod set for the beginning of a tangent curve to the left; Exhibit A Page 1 of ) PARCEL 6 -ARAPAHO ROAD PROJECT THENCE, EASTERLY, continuing along said conunon line and along the arc of said curve to the left having a radius of 2,914.79 feet, a 􀁣􀁥􀁮􀁴􀁾􀁲􀁡􀁬􀀠angle of 2°03'16", a chord bearing North 88°59'33" East for 104.51 feet, for an arc distance of 104.52 feet (said curve being called North 84 °35'23" East 79.73 feet) to a 5/8 inch iron rod set for the conunon Northeast corner of said called 4.9814 acre tract and Northwest corner of a called 4.1525 acre tract of land as conveyed to Heritage Inn Number XIII on January 24, 1997 and recorded in Volume 97018, Page 00073 of said Deed Records, said called 4.1525 acre tract being a Town of 88066, Page portion of Addison Restaurant Addison, dated March 9, 1988 4219 of said Deed Records; Park, and ra eaddition corded in to the Volume THENCE, SOUTH 00"24'10" EAST (called South 00"27'09" East), departing said conunon line and along the conunon East line of said called 4.9814 acre tract and West line of said called 4.1525 acre tract, a distance of 80.83 feet to a 5/8 inch iron rod set in the proposed South right of way line of Arapaho Road; _ THENCE, NORTH 89°58'49" WEST, departing said conunon line and along the proposed South right of way of Arapaho Road, a distance of 296.05 feet to a 5/8 inch iron rod set in the conunon West line of said called 4.9814 acre tract and East line of said called 3.334 acre tract; THENCE, NORTH 00"31'18" WEST (called North 00"28'23" West), departing said line and along the said conunon West line of said called 4.9814 acre tract and East line of said called 3.334 acre tract, a distance of 19.13 feet to a 1/2 inch iron rod found for a conunon interior ell corner of said called 4.9814 acre tract and the most Easterly Northeast corner of said called 3.334 acre tract; THENCE, SOUTH 89"55'39" WEST (called North 88"51'59" West), along a South line of said called 4.9814 acre tract and a North line of said called 3.334 acre tract, a distance of 75.91 feet (called 75.60 feet) to a 1/2 inch iron rod found for the conunon most Westerly SouthWest corner of said called 4.9814 acre tract and an interior ell corner of said called 3.334 acre tract; THENCE, NORTH 00"59'43" WEST (called North 01"04'54" West), along the common West line of said called 4.9814 acre tract and East line of said called 3.334 acre tract, a distance of 59.96 feet (called 60.10 feet) to the POINT OF BEGINNING; Page 2 of 3 R. PARCEL 6 -ARAPAHO ROAD PROJECT CONTAINING an area of 0.6430 acres or 28,008 square feet of land within the metes recited. All bearings are referenced to the North Right of Way line of Centurion Way, called S 89"51'55" E, according to the final plat of Lot 3, Surveyor Addition, recorded in Vol. 77173, Page 135, Deed Records of Dallas County, Texas. p. plat of even survey date herelKlMY l n'lGIN PAGE 82 F Actor North Ameriltil 1465 I Dalia. 􀁰􀁡􀁲􀁾􀁷􀁾􀁶􀀠 Suite SOO D.llas. TX 75254 AtCOR January 9, 2003 Mr. Michael Murphy, P.E. Director of Public Works Town of Addison 16801 Westgrove Addison, TX 75001-9010 Via Fax 972-450-2837 RE: Motel 6 f Arapaho Road Dear Michael: Thank you for sharing the Town of Addison's Appraisal of Motel 6's damages as a result of the extension of Arapaho Road. I am responding to your letter of December 20, 2002 and our concerns in general about the project. We do not accept a reduced value ($7 per square foot) of the property that is encumbered by the water line easement. Your appraisers comparable values and the Dallas County Appraisals District assessed value support $14 per square foot for the entire parcel value, not just thai area that is not encumbered by easements_ The appraisers comps would surely have easements thereon as well. It's worth noting that the walerline is in an area typically un-buildable due to setbacks as wen. We request you add to your offer $7 per square foot 1$ 39,130 for a total consideration for the land of $ 392,112. I believe the Town of Addison should provide Motel 6 the funds to replace the lighting to its reasonable standard once the existing lighting is removed as part of this project. We have estimated this to be and request you add to your offer $ 19,500 for this. For the purposes of ease and settlement we will accept the appraisers depreciated value for the tennis courts (concrete and fencing). We'll also agree to allow the Town of Addison to repair and replace landscaping and irrigation for damages caused by this project in a side agreement as long as we have reasonable approval of all plans and its done in a timely manner. Sofitel Novotel Ibis Red Roof In....,; Motel 6 Studio 6 01/09/2003 15:27 ACCOR ECONOMY l ...."GIN PAGE 03 However, we believe the following two items are reasonable in request and simply accommodated by the Town of Addison: 1. The Town of Addison to issue the necessary permits now for similar signage on the back of the property as we have on Belliine road. I don't want to project to the community via the Arapaho Road frontage an alleyl backyard view. We will pay for the sign we install. 2 The Town of Addison's City Council re-certify the PD for the property post construction of the Arapaho Road Improvements. It Is not reasonable in my opinion to have at risk this issue in the future as it potentially makes the property non conforming and therefore less salable and more difficult to finance. We are convinced that this Motel 6 is permanently damaged by the Installation of Arapaho Road. The traffic and Its noise Immediately adjacent to a significant number of our guest -rooms will render those rooms less desirable and likely un-marketable in the future. We request you add to your offer $100,000 for a one-time payment for this loss of business value. We would appreciate receiving a copy of the npise impact study conducted on the property. In closing, I remain confident that the above is reasonable and that economic consideration not to include repairs made by the Town of . Addison should be $571,874 from your appraisal and my input above. I remain available to talk to you or others within the Town of Addison with reasonable notice. It is understood that this is an offer to seUle the matter in dispute. The parties agree that this letter or its contents shall not be used by either party in the event of litigation.' Randy Lee Vice President Real Estate & Development. 􀁾􀁏􀁗􀁌􀁅􀁓􀀠&THOMPSO. A Professional 􀁃􀁏􀀨􀁪􀀬􀁽􀁯􀁾􀁡􀁴􀁩􀁯􀁮􀀠 ATTORNEYS AND COUNSELORS ANGELA K. WASHINGTON 214JS72.2144 AWASHINGTON@COWLESTliOMPSON.COM December 2, 2002 Mr.; ar Knudson TIl' al 011 Company 120 ege Drive .' barg""ND 58103 Re: Lots 4 and 5, Addison Restaurant Park Heritage Inn #13/Tharaldson Development , Dear :VIr. Knudson: Enclosed are three originals of the Contract of Sale for the above referenced property. Paragraph 8.1 of Article VIII of the contract has been amended pursuant to OUf discussion earlier today. Please have Mr. Tharaldson execute all three originals and return the documents to me. If he is not the correct party, please let me know and I will make the necessary adjustments. Also, please fill in the address for notice purposes on Page 6 of the Agreement. Once I receive the completed and executed documents, I will then have the Town of Addison City Manager Ron Whitehead execute the documents and return an original to you along with originals of the Right-or-Way Deed and Temporary Construction Easement documents to be executed by the appropriate parties. We will then have our title company take the necessary steps to complete thiS transaction. It has been a pleasure working with you. I look forward to hearing from you soon. Please let me know if you have any questions or concerns. Sincerely, . )/raj Angela K. Washington 7 􀁾􀀠A KW/db Enclosure c w/o enclosure: D ALL A 5 T Y L E R Mike MurphY/' Steve Chutchian Ken Dippel <:lOt "''IAIN STREET SUIrE 4000 OALLAS TEXAS.:'2)..: 􀁾􀀬􀀭􀀻􀀩􀁪􀀠TEL 214_b72.1000 FAX 214.b72.1020 WWW.COWLESTHOMPSON.COM PUBLIC WORKS DEPARTMENT (972) 451l-2871 16801 Wealgrovc October 28, 2002 Mr. Rick Larsen Tharaldson Development 120I Page Drive Fargo, North Dakota 58103 Re: Lots 4 & 5, Addison Restaurant Park Heritage Inn Number XIlIlTharaldson Development Dear Mr. Larsen: Pursuant to our recent conversation, regarding acquisition ofright-of-way from Lots 4 & 5, Addison Restaurant Park, the Town ofAddison agrees to perform certain improvements in addition to those stated in the Contract of Sale. Specifically, the Town will provide necessary pavement striping to establish a designated fire Jane/joint access drive between the existing Quality Suites site and the adjacent property to the west. In addition, the Town will create a "leave-out" in the existing curb along the west line of the existing parking lot This should permit futnre development of the adjacent property to have joint access to Arapabo Road. However, should ownership of the adjacent property change prior to development of the site, a joint access easement will be required by separate instrument prior to issuance of a construction permit. Your written concurrence regarding these proposed additional improvements is necessary. Should you have any additional questions, please call me at 972-450-2878. Sincerely, 􀁾􀁣􀁨􀁡􀁥􀁬􀁾􀁲􀁰􀁨􀁹􀀬􀁐􀀮􀁅􀀮􀀠Direc tor ofPublic Works __ FecEx. USA Airbill 􀀬􀁾􀁾􀀬􀀺􀀻􀁌􀀠--13114170837Express /k..,'1f 􀁾􀁾􀀸􀀱􀀧􀁩􀁆􀁲􀁥􀁩􀁉􀁬􀁨􀁴􀀪􀀠Maron 􀀧􀁗􀀱􀁑􀁴􀁾􀀠!Itx./lb)l/S4i.ll",'IIoom City ztz'P7soo/􀁾􀀺􀀮􀁥􀁮􀁲􀀬􀀠LMLF:􀁾􀀬􀀮􀀬􀀻􀀻􀀺􀁯� �􀀬􀁻􀀠'0/) 􀁴􀁽􀁾􀀱􀀡􀀦􀀷􀀠l&mRm. 􀀷􀁬􀁦􀀱􀁴􀁾􀀱􀁤􀁊􀁴􀀿􀀱􀁜􀁉􀀠􀀢􀁲􀀡􀀺􀀭􀁾􀀺.. ....􀀧􀀻􀁾􀁩􀀧􀁟􀀮􀁩􀁐􀀻􀁟􀀮􀀡􀀯􀁾􀀢􀁴􀁊􀀭􀀺􀁬􀀭􀀮􀁾􀁾􀁾􀀿􀀻􀀠􀁾􀁾􀀮􀀭......􀁾􀀢􀀧􀁩􀀢􀁾􀁴􀀬􀀠s 􀁾􀀠ilt;:<..fuoi,'l;u ltJI\ocWr 􀁾􀁣􀁾􀁾______________________ .. 􀁾􀁳􀁾􀁾􀀬􀀬􀁾____􀁾􀁾􀁰􀁾􀁃􀀩􀁾􀁾􀁊􀁲􀁾􀁾􀀮􀁾􀁾􀁾__ Try online shipping at fedex.com Oneslions? 1flSil ou' Web site atfedex.com Qr cal! l.800,Go.Fedtx®800 .463.3339.. 􀁾􀁫􀀮􀁧􀁩􀁮􀁧X FedExEmelop&* o Olh" o £rrr::UHOO ___ •___ o o Ca""AHerono,. Michael Murphy From: Robin Jones Sent: Thursday, October 17,20028:49 AM To: Chris Teny; Don Franklin; Jim Pierce; Lea Dunn; Michael Murphy; Ron 􀁄􀁡􀁶􀁩􀁳􀁾􀀠Ron Whitehead; Robert Bourestom; Mar1l.Acevedo; Randy Moravec; Noel Padden; Greg Layman; Gordon Robbins; Joni Ramsey; Janet Cowart Cc: AI Dent; Dave Wilde Subject: Belt Une RoadClnsure The Street Department will begin closing Belt Un ;r-:;: contractor reconstructing the railroad 􀁣􀁲􀁯􀁳􀁳􀁩􀁮􀁾􀁷􀁩􀁬􀀠;---/£tIh,t until the jobis complete which can be late Sunda There will be a Street Department employee at 􀁾􀀠project. Dave Wilde and I will assist him. Belay affected Bell Line Road Businesses, complete \\ The last time we replaced this crossing was in 1 employees affected by this road closure. RobinJones Pager 972 500-0241 Cel! 214 906·2161 AlDen! Pager 972 506-11235 Cell 972489-7370 Dave Wilde Pager 972 500-0246 Cell 214 215-6528 􀁾􀀠􀁾􀀠 Belt tine RXR Railroad lSSing. Reconsletoormap.pp 1 􀁁􀁬􀁉􀁧􀁉􀁉􀁓􀁌􀀲􀀧􀁬􀀧􀁬􀂣􀁴􀁾􀀲􀀠:Mf. RiGk 􀀮􀁴􀁾􀁳􀁥􀁮􀀠lJrurahIsonfie:velopq;rent 11.01 Page:.firive . Fmgrr, 􀁎􀁏􀁉􀀱􀀺􀁬􀁩􀁂􀁡􀁫􀁯􀁴􀁡􀁾􀀭􀀵􀀺􀁦􀁴􀁬􀁻􀀩􀀳􀀠R.e.: Lats::4&5' Add;slJII Reslallialil Park 􀁾􀀠 , HeritagelnnNrnnherXHItTb31 aldSl'DDe:\IeI! 'l'ment Deal':Mf. 􀁉􀀺􀀻􀁾􀁳􀁯􀁮􀀺􀀠DnringJ:!re.1'nwnof Arldisnneity Cuunc.itmeetin:g August 13:". 2.OOz:your «crnmter"offer", as describertin x:letten:laterl:Jru¥ 22:, 2002, WRS-pre.s.d for-discussion and acV0n. 􀁾􀁬􀁨􀁡􀁶􀁥been::authurized:tI1ufferyou:'retlre fuHowipg: L The.appraisedsalueofthe.:prop:erty '3t'U3&,154:'00. :LCompensationJin: theIe.mJn ,rary:ColIslllld IOU Easenre:t.It at 􀁾􀀻􀁏􀁏􀀮􀀠lrConqimsation.;fur. settlement agreement at $3'i;842:t)0. tL OJre.:Curb cut, illdml;lIg mllsh 􀁵􀁣􀁴􀁩􀁵􀁮􀀺􀁯􀁦􀁄􀁥􀀬􀀺􀁥􀁩􀁥􀁬􀁡􀁴􀁩􀁯􀁮􀀻􀀮􀁾􀁮􀀠amtLeft turn lawK'-from ArnpahuRI13d:-(tocat:ion ofbridge; 􀁾􀁯􀁦􀀠property will onJyalluw 􀁦􀁵􀁲􀀺􀀺􀁯􀁮􀁥􀁾􀁣􀁬􀁬􀁉􀀺􀁬􀁉􀀧􀁃􀁮􀁴􀀩􀀮􀀠' . 5:.. We:::dunot fuel:tb:at:a.sign:varianCfrvnreederl hecauseyom:.prope;(ty, as::a:result ofA I al'aho Road:Streetfrontage, wiHbe entitted1n􀁾􀁣􀁴a sigtLwith dimerrsirnrs-s;",;I8I to allad!edskeli:h. HowewI';you:will be.required to slIhO!;La.n:.application:witlr.1Ire.:Town of􀁁􀁾􀁮􀀠Bnfu:Iing Officiatfur:apel!I!;1to iIIsla1l :a:m:ttorconstruct:tb:e'pmpQSed . ' 􀁾􀁧􀁮􀀮􀀠 􀁾􀁔awn.ofAddisollrequests :tlmtyonrespon:dtn ibis offer ofpun::lplse willi;" GReen (15) 􀁤􀁡􀁾􀁯􀁦􀀱􀀺􀁨􀁥􀀺􀁝􀁩􀁡􀀱􀁥􀀺􀀮􀁯􀁦􀁮􀀮􀀺􀁣􀀮􀁥􀁩􀁰􀁴􀁯􀁦􀁴􀁢􀀺􀁩􀁳􀀺􀁦􀁥􀁴􀁴􀁥􀁲􀀮􀀠If:we.donoirear from )'Oll.witbin the fifteen:\i5):days,1:he::Tawnwrlt considerits:.pffer . rejected::an:d:.we will initiate:eminen1 doma;" JllDeeediligs to aC'l";1 􀁾the neeessary-property. /Slmutdyorr.have any qu:estilJIlS;.:pl:ease reel fi:ee:ta.cantact Mr:t?tike 􀁾􀀮􀁄􀁩􀀺􀁲􀁥􀁣􀁴􀁯􀁲of Pnbtir::Vfurk:s., at (9'l2):1\::5:ft-281i, or my;self Si,u:etply, 􀁾􀁗􀁨􀁩􀁴􀁥􀂥􀁡􀁤􀀠illy Mau,ager CAUSE NO. 03-00711-B TOWN OF ADDISON ) IN THE COUNTY COURT AT ) Plaintiff, ) ) vs. ) LAW NO. 2 ) MOTEL 6 OPERATING, L. P., et aJ. ) DALLAS COUNTY, TEXAS ) Defendants. ) ) To: REVISED NOTICE OF COMMISSIONER'S HEARING You are hereby notified that the Town of Addison, acting by and through its City Attorney, on January 21, 2003, filed its First Amended Petition in Condemnation with the Clerk in the above-referenced Court of Dallas County, Texas wherein it sought the condemnation of certain land, a true copy of which Petition has been previously provided to all defendants named herein to which reference is made for description of the land sought to be condemned, for a statement of the purposes of condemnation, and for all other legal purposes. This Honorable Court has appointed three Special Commissioners who have conferred and determined that they would like to set this MATIER FOR HEARING AT THE TIME AND PLACE HEREIN PROVIDED, such hearing to commence at 10:00 a.m. o'clock on the 191h day of March, 2003 at the the Dallas County Records Building in the Courtroom of the Honorable Judge John Peyton, 3,d Floor, 500 Main Street, Dallas, Texas 75202. At the time of this hearing, the Landowners' through their attorney, David C. Kent has sought and asked for a resetting of this hearing to the week of April 21, 2003. The Commissioners fully considering Landowners' request find such is well taken and herewith agrees to reschedule this hearing to a later date. All parties of record having interest in the subject property are hereby notified to appear at the time and place after set for the purpose of offering any evidence they desire on the issue as to the damages to be assessed against the Town of Addison and to be paid