--'" 0 􀁾􀀠E!Oil· o· :ll) c '" 0 a () C 3 rt> " '" 􀁾􀀠co £. i5 c ::r"" 􀁾􀀠rt> '" !!:.. ,:, 0 0..,. N 8-9.Ir"/. --»..... :0 '" !; -::;;r :::b 􀀮􀁾􀀠a -'" ru a. "':OWLES &THOMPSOi..A Professional CorporatiGn ATTORNEYS AND COUNSELORS ANGELA K. WASHINGTON 2:14J;72.2144 AWASHINGTON@COWLESTHOMPSON.COM May6,2004 Mr. Douglas H. Conner Boyle & Lowry 420 I Wingren, Suite 108 Irving, TX 75062 RE: Town ofAddison v. BulloughILykos Office Building No.1, L.P., et aL Cause No. 02-14363-B Dear Doug: On May 4, 2004, the Town of Addison staff viewed the subject property to detennine if it contains items that need to be removed. The truck that we discussed a few weeks ago still remains on the property. In addition, staff infonns me that a large amount of scrap metal that was stacked up against the building has now been moved onto the subject property. There is also a trailer parked on the property. Please let me know if you have any questions or need any additional infonnation. Sincerely, 􀁾􀁾􀁾tt.rtJ?L_..--, Angela K. ashington AKW/Y.ir c: Mr. Mike Ml.o. :1hy , Mr. Steve Chutchian Mr. Kenneth Dippel, w/finn et01 MAIN STREET SUITE 4000 DALLAS, TEXAS 75202·3793 DALLAS T Y L E R TEL 214.b72.2000 fAX 214,672:.2020 Docwnmt II: 1106016 WWW.COWlESTHOMPSON.COM GE, COUNTY CO RT AT LAW NO.2 CAUSE NO. 02 -14363 -B TOWN OF ADDISON ) IN THE COUNTY COURT ) Plaintiff, ) AT LAW NUMBER 2 ) v. ) DALLASCOUNTY,TEXAS -) 􀁂􀁕􀁌􀁌􀁏􀁕􀁇􀁉􀁄􀁌􀁙􀁋􀁏􀁓􀁏􀁾􀁃􀁅􀀠) BUILDING NO.1, L.P., et aI. ) ) Defendant. ) ) COMMISSIONERS' COST BILL FOR: Services rendered as Special Commissioners in the above entitled and numbered eminent domain proceeding: NAME OF Total Hours: Total Compensation: COMMISSIONERS: ?--z ,-150_!!L Ed Neal O${). !!2....3 Jean Towell oSO. !12Charles Fiseus Filed with me and approved this /1 day of 􀀯􀁉􀁁􀀮􀁯􀀮􀀮􀁊􀁴􀁾􀀠,2003, such amountto be paid directly to the Special Commissioners by the condemning authority without further intervention of this Court. DALLAS COUNTY TEXAS COMMISSIONERS' COST BILL, Page 1 iiibi4"a.I;' i&WiMBU 214&722020 P.01/03MAY-09-2003 09:32 􀁾􀁏􀁗􀁌􀁅􀁓􀀠&THOMPSON COWLES &THOMPSON 􀁁􀀱􀁔􀁏􀁾􀁾􀁅􀁖􀁓􀀠ANa COUNSELORS FACSIMILE COVER PAGE Date: May 9. 2003 Time: ______ Total Number of Pages 􀁾􀁮􀁣􀁬􀁵􀁤􀁪􀁮􀁧􀀠this sheet): 3 Nonnal/Rush: Normal ClientlMatter#: 3195162391 TO: (1) Sue Ellen FAX: 972.450.2837 PHON!: FROM: Angela K. Wasblngton Direct Dial #: (214) 672-2144 MESSAGE; Commlsslonel'6' Report and Award -Addison v. BulloughlLykos Office Building No.1, L.P., et al. IF YOU HAVE ANY PROBLEMS WITH THIS TRANSMISSION, PLEASE CALL Yolanda Rodriguez at (214) 672·2629 Thank yOIJ. IMPORTANTICONFIOENTIAL; This message is intended only for the use 01 the Individual or entity to which it Is addres8sd. This message contains informetion from the law firm of Cowles & Thompson which may be privileged. confidential. lind exempt from disclosure under applicable law. If the reader of this massage Is not the Intended recipient or tha employee. or agent responsible for delivering the message to the intended recipient, you ane hereby notified that any dissemination, . distribution. or copying of this communication IS Stric!ly prOhibited. If you h ,!-,\.\ '" -'<-,"-,u"f'> 􀁾􀁥􀀩􀀮􀁁􀀺􀀢􀁶􀀮􀀺􀀺􀀺􀀾􀀼􀀺􀀠. "l of<> TOTAL AWARD........................................... "',, .............. ,,'$ a-:/, )'3'7 􀁾􀀠 7 . ' We find and order thai the costs of this proceeding should be paid by the City of Addison. The property being condemned in this acceding is described in the Statement ill Condemnation on file with the Coun and inca ora.ted by reference. . . lrNED AND FILED with the Judge of Dallas County Court at Law No, 1, this \'€ -day of 11. J>" t'" ,2003. (lJ 􀁉􀁾..'___ '_ ... -.. 􀀧􀁾􀀺􀀺􀀻􀀻􀁾􀀠SPECIAL OMMISSrONERS COMMISSIONERS' REPORT AND AWARD, Page 2 TOTAL P.03 HP LaserJet 3200se inventHP lASERJET 3200 MAY-9-2003 10:23AM Fax Call Report Job Date Time Type Identification Duration Pages Result 311 51 9/2003 10:22:08AM Send 7065 1:12 3 OK TOWN OF ADDISON 􀁔􀁏􀁾􀀠Ph\»lo: 972f4S0· FAX f#: Fai: 97Z1450-28J7 nile; \,c-􀀲􀀮􀀺􀀺􀀺􀀺􀀮􀁐􀁾􀀠16801 Westgl'ove. a... '-dl tover)" g P.O. 801 9010 "􀁾􀀻􀁾􀀠Addiron,TX 75001-9&10 ..... 􀁾􀀠 J" CAUSE NO. 02 -14363 -B TOWN OF ADDISON ) IN THE COUNTY COURT ) Plaintiff, ) AT LAW NUMBER 2 ) v. ) DALLAS COUNTY, TEXAS ) BULLOUGHJL YKOS OFFICE ) BUll.DING NO.1, L.P., et al. ) ) Defendant. ) ) COMMISSIONERS' REPORT AND AWARD We, the undersigned Special Commissioners, were appointed by the Judge of the County Court of Dallas County at Law No.2, Dallas County, Texas, are all disinterested freeholders of Dallas County, Texas, and have sworn to assess the damages in this cause fairly and impartially and in accordance with law. We submit the following report and award to the Court: In accordance with law, your Commissioners promptly set a time and place for hearing the parties. Written notice of the hearing was issued, served on each party and returned as prescribed by law. At 10:00 A.M. on the '18th day of March, 2003, at Court Room of County Court at Law No.2 of Dallas County, Texas the time and place set for the hearing, your Special Commissioners proceeded to hear the testimony of the following parties, parties, who appeared either in person or by attorney: COMMISSIONERS' REPORT AND AWARD, Page 1 Evidence of the local market value and damages, if any, resulting from City of Addison's taking was presented in accordance with the rules of damages established by law. Having heard the evidence, your Special Commissioners find that compensation should be paid by the City of Addison to defendants named jointly in this action such to Bullough/Lykos Office Building No. I, L. P.; Applied Property Management Co.; Thomas J. Lykos, Jr., individually and as officer of Applied Property Management Co.; Kircrow Enterprises, Inc.; First Bank & Trust; David F. Weaver, Trustee; and DCB \ "' \ 􀁾􀀠􀁾􀀠S: ,",,,,,,\􀁾\.-' 􀀧􀀴􀁴􀁬􀀧􀁌􀀮􀁾􀀠..Investment Company j"sJ .h,􀁾'"'> -+-Ivu...'" 􀁾e N '-" "/0'" TOTAL A W ARD .... ""m"'.""'............,,""""'''''...m ... ''''''' •.$ d->. ')'3'7 "il< 7 . ' We find and order that the costs of thi proceeding should be paid by the City of Addison. The property being condemned in this roceeding is described in the Statement in 􀁃􀁯􀀢􀀢􀀢􀀬􀀢􀁲􀁵􀀢􀀻􀁾􀀠" fil. wi" ,"" C"rt ,,'" ;"'lom"", lom"", by 􀁟􀁾􀁏􀁏􀀮􀀠. SIGNED AND FILED with the Judge of Dallas County Court at Law.No. I, this \'€h day of It'" Ii t '" , 2003. SPECIALCOMMISSIONERS COMMISSIONERS' REPORT AND AWARD. Page 2 􀁾􀁓􀁤􀀠 -':;OWLES 􀀦􀁔􀁈􀁏􀁍􀁐􀁓􀁏􀁾􀀮􀀠A Professional Corporation􀁾􀀭􀁲􀀠1978·2003 ATTORNEYS AND COUNSELORS ANGELA K. WASHlNGTON 214.672.2144 AWASHINGTON@COWLESTHOMPSON.COM January 31, 2003 Mr. Mike Murphy Director ofPublic Works Town ofAddison Addison Service Center 16801 Westgrove Drive Addison, TX 75001-5190 RE: Parcel 11 (Bullough/Lykos), Arapaho Road Project Dear Mike: Enclosed is a file-marked copy of the Town's First Amended Original Petition in Condenmation for the above-referenced property. As you are aware, this case has been assigned to County Court at Law No.2 and Commissioners have been appointed. We will let you know when we obtain a hearing date. Sincerely, 􀁾􀁾􀁮􀀿􀁾􀀠AKWlyjr Enclosure c(w/o Enclosure}: Mr. Steve Chutchian Mr. Kenneth Dippel, City Attorney 901 MAIN STREET SUlTE 4000 DALLAS, TEXAS 75202·3793 TEL 214.&72.2000 FAX 214.672.2020 WWW.{:OWlESTHOMPSON,C()M DALLAS T Y L E R Pr'1 2: I 9 CAUSE NO. 02-14363-B TOWN OF ADDISON § IN THE 􀁃􀁏􀁕􀁎􀁔􀁙􀀬􀁦􀁏􀁕􀁾􀀧􀀢{Y-ER'"·',LL,'" Co-K§ "'\" U' v_ § AT LAW NUMBER 2 ,. NTy § BULLOUGHIL YKOS 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. I, L.P.; Applied Property Management Co.; Thomas J. 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; and for 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 -Pagel Document #: 1025161 BulioughlLykos Office Building No.1, 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 -Page 2 Documelil II: 1025161 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 ofthirty (30) months. IV. The Addison City Council has by resolution detelmined 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 Cenrurion Way. The temporary construction easement will be used for thirty (30) months from the date of possession by Plaintiff as specified ill Paragraph VII and returned to the owner thereof. 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. 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 -Psge 3 Documenl #; 102'161 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 of possession by the Plaintiff of the easement, and to expire automatically on the completion of the thirtieth (3oth) month after possession by Plaintiff. VIII. 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 to Defendants for the part taken and damages, if any. IX. 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. 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 of the Plaintiff as provided by law. PLAINTIFF'S ORIGINAL PETITION IN CONDEMNATION -Page 4 􀁄􀁯􀁣􀁵􀁭􀁥􀁮􀁴􀁾􀀺􀀠1025161 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, ifany. 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 of Addison State Bar No. 20897155 J" ;By: Douglas II: Conner State Bar No. 04694000 4301 Wingren, Suite 108 Irving, Texas 75062 (972) 650·7100 Fax: (972) 650·7105 TRIAL ATTORNEY FOR PLAINTIFF TOWN OF ADDISON, TEXAS PLAINTIFF'S ORIGINAL PETITION IN CONDEMNATION -Page 5 Document p. 1025161 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 ll, 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 Transit Property Acquisition Corporation (herein referred to as DART) on December 27, 1990 and recorded in Volume 91008, Page 1390 of said Deed Records, said point being the common Northeast corner of said called 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 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 more particularly described by metes and bounds as follows; THENCE, SOUTH 00·08'05" WEST, departing said lines and along the cornmon 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; Page 1 0 f 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 cornman West line of said called 1.103 acre tract and E:ast 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 00·08'05a 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 acre tract,· proposed North right of way line of Arapaho Road, and South right of way line of said DART railroad, a distance of 162.80 feet (called 162.84 feet) to the POINT OF BEGINNING; 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 PROJECT 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. /. 􀁾...£q //-/{t-rf A ub R. Sandhu, R.P.L.S. Texas Registration No. 2910 Page 3 of 3 EXHIBITB Parcel l1-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 being a portion of a called 1.103 acre tract of land conveyed to Bu110ugh/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 􀁐􀁡􀁲􀁾􀀬􀀠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 particularly described by metes and bounds as follows; COHMENCING 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 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 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 . 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 POINT OF BBGINNING 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 Il-TE -ARAPAHO ROAD PROJECT THENCE, NORTH 89°58' 49" WEST, departing said corrunon line, a distance of 162.76 feet to a point in the corrunon 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 COllll1lon line and along said proposed South Right of Way line of Arapaho Road, a distance of 162.76 feet to the POINT OF 8EGINNING; 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 . f. :•􀁾􀁑􀀬􀀩􀀨􀀮􀀠􀁾􀀷􀀭􀁴 􀁬􀀶􀀭􀀰􀀯􀀠!A b R. 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 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 RLot 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 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 I") conveyed to 4125 Centurion Way, L.P. on June 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 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 of said called 1.3713 acre tract, a distance of 78.95 􀁦􀁥􀁾􀁴􀀠to a point in the proposed South right of way line of Arapaho Road for the Northeast corner and POINT OF 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 􀁾􀁏􀁗􀁌􀁅􀁓􀀠&THOMPSOl, A Professional Corporation ATTORNEYS AND COUNSELORS ANGELA K, WASHINGTON 214.612:.2144 AWASHINGTON@COWLESTHOMPSON.COM January 31, 2003 Mr. Mike Murphy Director of Public Works Town ofAddison Addison Service Center 16801 Westgrove Drive Addison, TX 75001-5190 RE: Parcel 2 (Joe's Garage), Arapaho Road Project Dear Mike: Enclosed is a file-marked copy of the Petition in Condemnation for the above-referenced property. The case has been assigned to County Court at Law No.5. Commissioners have not yet been appointed. We will keep you apprised regarding this matter. Sincerely, AKW/yjr Enclosure c(w/o Enclosure): Mr. Steve Chutchian Mr. Keuneth Dippel, City Attorney 9(n MAIN STREET SUITE 4000 DALLAS, TEXAS 15202-3793 DALLAS T Y L E R TEL 214.672 200(} FAX 214.672.2020 Docutnalt It. WJSOIO www.COWLESTHDMPSON.COM CAUSE NO. 􀀰􀀳􀁾􀁣􀁯􀀴􀁾􀀨-t; c 1 "" J . I I j pu ? TOWN OF ADDISON, TEXAS § IN THE COUNTY COURT 􀀬􀀬􀁾􀀺􀀠17 §.---V. § AT LAW 􀁎􀁕􀁍􀁂􀁾􀀺􀁒􀀠􀁰􀀬􀀬􀁾􀁾􀀮􀀺􀀮􀁦􀁃􀁒􀁋􀀠 § "'"' "OUNTY 15211 ADDISON ROAD JOINT VENTURE, § DALLAS COUNTY, TEXAS ETAL. § PLAINTIFF'S ORIGINAL PETITION IN CONDEMNATION TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW the Town of Addison, Texas, hereinafter referred to as Plaintiff, having by law the right of eminent domain and power ofcondemnation, acting herein by and through its duly elected City Council (the "Council"), for and on behalf of the Town of Addison, complaining herein of 15211 Addison Road Joint Venture; Kim Forsythe, individually and as Venture Manager for 15211 Addison Road Joint Venture; First United Bank & Trust Company; Greg Massey, Trustee; Sambuca Partners, Limited Partnership II, L.P,; Joe's Auto Body; John Green; David Caranza; Jerry Ward; Sheldon Lauritsen; Debbie Grinsby; Joe's Muffler; and Larry Friend, 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 determined tbat 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 -Page 1 D«umenl #; 1024679 15211 Addison Road Joint Venture 3333 Earhart, Suite 140 Carrollton, Texas 75006 Kim B. Forsythe, Venture Manager 15211 Addison Road Joint Venture 3333 Earhart, Suite 140 Carrollton, Texas 75006 First United Bank and Trust Company clo Rex Yarborough P.O. Box 130 1400 w. Main Street Durant Oklahoma 74702 Greg Massey, Trustee First United Bank & Trust Company P.O. Box 130 1400 W. Main Street Durant Oklahoma 74702 Sarnbuca Partners, Limited Partnership II, L.P. 3333 Earhart, Suite 250 Carrollton, Texas 75006 Joe's Auto Body 15293 Addison Road Addison, Texas 75001 lohnGreen 15211 Addison Road Addison Texas 75001 David Caranza 15211 Addison Road Addison Texas 75001 Jerry Ward 15211 Addison Road Addison Texas 75001 Sheldon Lauritsen 2107 Via Madonna Carrollton, Texas 75006 Debbie Grinsby 15211 Addison Road Addison Texas 75001 PLAINTIFF'S ORIGINAL PETITION IN CONDEMNATION -Page 2 [)o(:umelll #; 1024679 Joe's Muffler 15233 Addison Road Addison, Texas 75248 Larry Fri end 4147 Myerwood Lane Dallas, Texas 75244 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 and related parkway in Addison, Texas, as well as for a temporary construction easement to be utilized in the building of said street and related parkway for a period ofthirty (30) months. IV. The Addison City Council has by resolution determined that a fee simple estate and related parkway and temporary construction easements as specified herein are needed for the construction, relocation and extension of the above-specified new street project. The land to be acquired will be used for such purposes as specified herein and access from the remainder of Defendant's land will not be denied. The construction easement will be used for thirty (30) months as specified in Paragraph VII and returned to the owner thereof. V. Plaintiff is entitled to condemn the fee title in such land for said purposes and asks that it be condemned for such purposes. PLAINTIFF'S ORIGINAL PETITION IN CONDEMNATION -Page 3 VI. The land to be acquired is described completely in Exhibits A, B, and C attached hereto and made a part ofthis petition for all purposes. VII. Exhibit A describes the fee simple estate being acquired for the street right-of-way. Exhibits B describes the easement being acquired for the related street parkway. Exhibit C 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. AU improvements will be removed from the working easement and it will be returned to its pre-existing grade and condition except that no improvements will be reconstructed thereon. This working easement will be thirty (30) months in duration, said months to run from date ofpossession by the Plaintiff of the easement, and to expire automatically on the completion of the thirtieth (30th) month after possession by Plaintiff VIII. Plaintiff would show, that through its duly authorized agents, it made bona fide attempts to purchase the required property including the construction easement 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. PLAINTIFF'S ORIGINAL PETITION IN CONDEMNATION -Page 4 IX. Plaintiff has named all known record owners of the land to be condemned. Plaintiff reserves the right to add additional parties ifsuch interests should later appear. x. On October 8, 2002, the City Council of the Town of Addison passed a resolution declaring that public convenience and necessity require that parcels A, B and C 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. WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that Special Conunissioners 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 of Addison, granting the Town of Addison a perpetual easement in the land described in Exhibit B and granting a temporary construction easement in the land described in Exhibit C 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 of court and for such other and further relief, both general and special, as Plaintiff may be entitled to receive. PLAINTIFF'S ORIGINAL PETITION IN CONDEMNATION -rag. 5 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 OYLE & LOWRY, P....􀁃􀁾􀀮'"I'I'IIr--Douglas H. Conner State Bar No. 04694000 4301 Wingren, Suite 108 􀁾􀁮􀁧􀀬􀀠Texas 75062 (972) 650-7100 Fax: (972) 650-71 05 TRIAL ATTORNEY FOR PLAINTIFF TOWN OF ADDISON, TEXAS By: en 4.1'1 ) PLAINTIFF'S ORIGINAL PETITION IN CONDEMNATION -Page 6 Dtxumenl #: 1024679 Parcel 2 Field Note Description Arapaho Road Project Town of Addison Dallas County, Texas BEING a description of a 0.1062 acre (4,628 square foot) tract of land situated in the Edward Cook Survey, Abstract Number 326, Town of Addison, Dallas County, Texas, being a portion of a called 1.6188 acre tract of land conveyed to 15211 Addison Road Joint Venture on August 7, 1996 and recorded in Volume 96156, Page 04963 of the Deed Records of Dallas County, Texas, said called 1.6188 acre tract being a portion of Lot 2, Block 1 of Addison Car Care, an addition to the Town of Addison as evidenced by the map recorded on June 8, 1987 and recorded in Volume 87111, Page 0286 of said Deed Records, said 0.1062 acre 􀁴􀁾􀀭􀁡􀁣􀁴􀀠:,1: land being more particularly described by metes and 􀁢􀁯􀁵􀁾􀁤􀁳􀀠a5 follows; BEGINNING at a "PK" nilil set at the NOJ:: th end of a cut back corner lccH:ed at the Southwest intersection of Addison Road (variable width) with Arapaho Road (60 feet wide) as dedicated by sald plat of Addison c';r Care, said nail also being the Northwest corner of a called 0.117 acre (5,112.33 square foot) tract for a 20 foot wide proposed Parkway Easement for Addison Road as evidenced by exhibit furnished by Birkhoff, Hendricks, & Conway, LLP., and signed by Gary Clinton Hendricks, Registered Professional Land Surveyor No. 5037 on April 30, 2002; THENCE, SOUTH 00 0 18' 13" EAST, along the West line of said called o.l17 acre tract, being 20 feet West of, measured at a right angle, and parallel to the existing West right of way of said Addison Road, a distance of 31. 92 feet to a "pK" nail set in the proposed South right of way line of Arapaho Road; THENCE, along the proposed South right of way line of Arapaho Road the following courses and distances: NORTH 67°46' 13" WE:ST, a distance of 20.18 feet to a "pK" nail set for an angle point; WEST, a distance of 5.40 feet to a "PK" nail set for the point of beginning of a tangent curve to the left; EXHIBIT A PARCEL 2 -ARAPAHO ROAD PROJECT 􀁗􀁅􀁓􀁔􀁅􀁒􀁌􀁙􀁾􀀠along the arc of said curve to the left having a radius of 798.00 feet, a central angle of 13"31'51", a chord bearing South 83"14'04" West for 188.02 feet, for an arc distance of 188.45 feet to a 5/8 inch iron rod set in a curve of the common Northwest line of said called 1.6188 acre tract and the Southeast line of a called 3 & 48/100 acre tract of land conveyed to St. Louis Southwestern Rai lway Company of Texas on January 15, 1902 as evidenced by the deed recorded in Volume 278, Page 115 of said Deed Records; THENCE, NORTHEASTERLY, departing said proposed right of way line of Arapaho Road, along said common line and the arc of a non-tangent curve to the right having a radius of 714.00 feet (called 713.94 feet), a central angle of 02"04'14", a chord bearing North 31"29'01" East for 25.80 feet, f6r an arc distance of 25.80 feet to a 5/8 inch iron rod set for the common Northwest corner of said called 1.6188 acre tract and Southwest corner of the dedication of said Arapaho Road by said plat of Addison Car Care; THENCE, EASTERLY, departing said common line and along the common North line of said called 1.6188 acre tract and existing South right of way line of said Arapaho Road, along a non-tangent'curve to the right having a radius of 670.00 feet, a central angle of 15"19'50", a chord bearing North 82"09'51" East for 178.74 feet, for an arc distance of 179.27 feet (called 179.44 feet) to a "PK" nai 1 set for the point of tangency of said curve; THENCE, NORTH 89"49'46" EAST (called North 89"39' West), £ontinuing along said common line, a distance of 20.07 feet to the POINT OF BEGINNING; CONTAINING an area of 0.1062 acres or 4,628 square feet of land within the metes recited. EXHIBIT A PARCEL 2 -ARAPAHO ROAD PROJECT 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. EXHIBIT A l'f\()I>osEJ) 􀁉􀁯􀁩􀁉􀁴􀁯􀁐􀁾􀁏􀀠PoOIlO, UNE SEAlING I LI S 00'18'13' E -i 1.2 N er...·u· W LJ WEST L4 N "'........ E i UN[ TAII..E CAW!D SQ(MJo'oo"1J ........ l\cfJ "c. 􀁣􀁾􀁯􀀠􀁾􀀠":'f<'<¢.!;\'C.1 ¢' s,. \.:10: 􀀨􀁪􀁩􀁜􀁴􀁾􀁾",,,,,pili • \ \ 􀁾􀀠􀁾􀀽'/.11\. 1>')1".... 01\»'(,' • 20.18 5.40 L-!--! I /'iI EXHIBIT A + EDWARD COOK SURV£ Y L A-326 ARAPAHO ROAO ARAPAHO ROAD (60' R,O,',)..IJNE 8. 11187 I!?i. '/OL. 87111, PG. 0286 'l'i,44') D.RD.C.T. P 0 8 􀁃􀁾􀁯􀀠I." PI( •••􀁜C3 -l4 PIC ('1 ....􀀻􀀺􀁾"PK CALLE D 1.6188 AC. 15211 ADDISON ROAD ""'NT 􀀬􀀬􀁾􀀠\IlNlURE I)jST ,l.. 􀁾􀀠LOT 2 AUGUST 7, 1996 􀀬􀁦􀀯􀁾􀀠8LOCK 1 'VOL 96156. PC. (MaS3 CAuLD 31.82 I &.:> : ADDISON CAR CARE O.R·O.C.T. 􀁾􀀠tJ f.4i .JJNE 8, 198"';;'.6 VOl, 87111. PG. 0265 320.01' ;.. 􀁾􀀠O.R.D.C. T, 􀁾􀁾􀀠/"PROPOSED 20'I 􀁾􀀠/PARKWAY EASEMENT i (CALLED 0," 7 ACRES. 5,112,335 SQ. FT.) AS SHOWN ON EXHIBIT FROM BIRKHOFF. HENDRICKS, &: CONWAY, LLP AND SIGNED BY GARY ClINTON HENIlRICI.\l '!I&;. c;1· C2 k.",p.-0.1\"" ..--. 7 /c,:fi /I f,,-1;1 I/!II.<{f I 􀁾􀀧􀀢I I ,. I I I 'H 􀁾􀀠+ EDWARD COOK SURVEY A-326 ARAPAHO ROAOARAPAHO ROAD!,O(>'O (60' R.O.W,) JUNE e. 1987 VOL. 87111, ?G, 0280 C.RD.C.T. P.O.C. L5/CJ 􀁾􀀠'" CALLED 1.8198 AC. 15211 ADDISON ROAD JOINT el 'lENTURE 􀁾􀀠AUCUST 7, 1998 PROPOSE 0 20'􀁾VOL. 98158, ?G. 04983 􀁾􀁾􀀠PARKWAY EASEMENT1"";1D.R.D.C.T. rsU), (CALLED 0.1\7 ACRE 5,-_. -t: 5,112.335 SO FT.)BLOCK 1 AS SHOWN ON E XH!81T FROM ADDISON CAR CARE ,.-BIRKHOf'F. HE NORICKS, &: CONWAY, UP JUNE 8. 1987 w ....... AND SIGNED BY VOL. 87111, PG, 0286 􀁾􀀠GARY CLINTON HENDRICKS C.R.D.C. T. 1--􀁾􀀠R P L 5 5073 􀁾􀀠DATED APRIL 30. 2002 $89'20'10'W 8 I151.53 III􀀡􀁌􀁕􀀠PARCEL 2-TE A PLAT OF A NOlES, 0.4582 ACRE (19,959 SQ. FT,) TRACT OF LANDAlL EASEUENTS SHOWN ARE TAKEN FRQII THE PLATS INIlICAlED HEREON. THE SUR'lEYOR DID NOT ABSTRACT THE SUIl.ECT IN THE EDWARD COOK SURVEY PRoPERTY 50 ALL EASEUENTS !oIAY NOT BE SHOWN. ABSTRACT NO. 326 TOWN OF ADDISONAlL 8EARlNGS ARE REFERENCED TO THE NORTH RIGHT OF WAY 'PK" NAILOENOlES A SET NT AS INDICATED DALLAS COUNTY, TEXASUNE OF CENTURION WAY, CALlED S 89'5,'55' E, ACCORDING TO THE ANAL PLAT OF LOT 3, SUR'lEYOR ADDI11ON, RECORDED IN :PK DENOlES A 􀁆􀁏􀁕􀁾􀁏􀁾􀀠ROO SET UNLESS 􀁾􀀠50 0 25 50 100VOL. 77'73, PAGE 135, D.R.D.C.T. DENOlES A 5/8 I 􀁾"" , " OTHERWISE NT°W' WAY UNE 0 z. Ih:-. Jo-se-"-,;--PRoPOSED RIGH r _ _II LEGAL DESCRlpnON Of E'lEN SUR'lEY DAlE HEREWITH ACCOUPANIES THIS PLAT. GRAPHIC SCALE 1 INCH 􀁾􀀠50 FT.