2000-3 Arapaho Road R;OW. litigioUS Documents (spectrum) -2004 􀁾􀁏􀁗􀁌􀁅􀁓􀀠&THOMPS01'1 A Professional Corporation ATTORNEYS AND COUNSELORS ANGELA K. WASHINGTON 214.&122144 AWASHINGTON(j)COWLESTHOMPSON.OOM February 14, 2003 VIA HAND DELIVERY Mr. Steve Chutchian Assistant City Engineer Town ofAddison -Service Center 16801 Westgrove Drive Addison, TX 75001 RE: Spectrum Drive Project Dear Steve: Enclosed are right-of-way deeds and sidewalk easements for Parcels 3 through 6 of the above-referenced project. Documents for Parcel 2 were forwarded to you on December 23, 2002 and, as you will recall, Parcel I is the property of the Town of Addison. If you have any questions or need anything further, please give me a call. Sincerely, 4./J(. 􀀯􀁤􀀻􀀭􀁁􀁾􀁾Angela K. Washington AKW/:v.jr Enclosures c(w/o Enclosures): Mr. Mike Murphy Mr. Kermeth C. Dippel, w/finn 901 MAIN STREET SUlTE 4000 DALLAS, TEXAS 75202-3793 D ALL A S T Y L E R TEL 214.672.2000 FAX 214.672.2020 Do;:;wncnt rI; 1041)166 '<'r. , ..... 1.Wl'ESTHOMPSON.COM NOTE; Improvements were not locoted for this HARRIS ADDITIt EXHIBITB POINT OF······ exhibit end there may be eosements and other motters of record thot mayVOl.780l7 PG.l087 BEGINNING affect this tract. 5/S' IRS WITH HUITTLOT' BLOCK A ZO\.I.ARS YEllOW CAP 1---1-, -t--􀁾􀁉􀀡􀁪􀁾􀀠􀁾􀀠POINT OF COMMENCING -PARCEL SA 􀁾􀀠" AIRPORT PARKWAY '" I " '" in )(b '" 5< IC i e. '" <;5/S' IRS , /1/2'IOF I-􀀮􀀫􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀁉􀀢􀀢􀁾L3 #--_ _/5' •.O.W. OEOICAlION BY PLAT 􀁾􀀠(,;:;::i ---r/--l11 VOL.9800' PG.00033 PARCEL 5 􀁾􀀠I 0.0046 AC. I 􀁾􀁊􀁊􀁾􀁔􀁒􀁳􀁏􀁆􀀠BEGINNING -PARCEL SA S 44'30'38"E 7.11' I I II. I I I 69.65' R.O.w. • I '-l 􀁾􀀠"\5' SIDEWAll< EASEMENT I !5!􀀮􀁾􀀧􀁍􀀭􀀮􀁾􀀧􀁾􀀩􀁾􀀠􀀰􀁾-iE QUORUM EAST 8°en::::EADDITION o ' 0:::> '"g b.S '0 '" VOL.seoo, PG.00033 15851 DALLAS NORTHen ...􀁾􀁉􀀠􀁾􀀠􀁾􀁉􀀡􀀺􀀠.., c:t:C) PARKWAY ADDITIONPOST SER\1CES. INC. ::1 ::? o..wVOL.9B080 I'G.03404 lI: VOL.S5021 PG.1686....... 0.. :.,"'" .􀁾􀀠Q,en N UTAH STATE RElIREMENT'" '" INVESTMENT FUNDg􀁾􀀠􀁾􀁾􀁉􀀠􀁩􀁾􀀠VOL.96003 PG.lass􀁾􀀠y\ o 􀁡􀁾-0􀁾􀀠\ Zl 􀁾􀀠Sf.)", ..S "\. 􀁾􀀮􀀠p.,I@COWJ..ESl'HOMPSON.COM Fehruary 18, 2004 Ms. Dayna Boone Legal Assistant Post Properties, Inc. One Riverside 4401 Northside Parkway, Suite 800 Atlanta, GA 30327 RE: Correction Special Warranty Deed for Parcels S and SA, Spectrum Drive Right-of-Way Project Dear Dayna: As we discussed, enclosed is the Correction Special Warranty Deed for Parcels 5 and 5A, Town of Addison Spectrum Drive Right-of-Way Project. As you will note, in addition to the correction to the property description contained in the body of the deed, I am also providing marked exhibits, as a referenced in the deed. Please have the document executed by the appropriate party and return it directly to me. I will then secure the signature of the City Manager and have the document filed in the real property records of Dallas County. After it is returned by the County, I will forward to you a copy of the file-marked marked instrument. If you have any questions, please give me a call. Sincerely, 􀀾􀁣􀀴􀁾􀀫􀁝􀁦􀀮􀀠􀁸􀁖􀁖􀁾� �. Angela K. Washiogt: dJ (/AKW/Y.ir Enclosures c( wfEnclosures): Ms. Carmen Moran, w/Town ofAddison Mr. Mike Murphy, wlTown ofAddison Mr. Steve Chutchian, w/Town ofAddison (w/o Enclosures) Mr. Ken C. Dippel, w/fum 901 MAIN STREET SUITE 40()O OALLAS, TEXAS 15202-)79) o ALL A S T Y L E R TEL 214.672.2000, FAX 214,1.72.2020 WWW.COWLEsrHOMPSON.COM After Recording Return To: Angela K. Washington Cowles & Thompson, P.C. STATE OF TEXAS § 901 Main Street, Suite 4000 § Dallas, Texas 75202 COUNTY OF DALLAS § TOWN OF ADDISON CORRECTION SPECIAL WARRANTY DEED EFFECTIVE DATE: November 14,2003 GRANTOR: Post Services, Inc. One Riverside 4401 Northside Parkway, Suite 800 Atlanta, Georgia 30327 GRANTEE: Town ofAddison, Texas 5300 Belt Line Road Addison, TX 75001 (Dallas County, Texas) CONSIDERATION: (1) One Dollar ($1.00) in hand paid by Grantee, the receipt and sufficiency of which is acknowledged by Grantor. (2) Benefits to be derived by Grantor and its remaining property as a result of the proposed public improvements. (3) Representations and warranties of Grantee provided herein. PROPERTY (INCLUDING ANY IMPROVEMENTS): See Exhibit A (Field Note Descriptions for Parcels 5 and SA) and Exhibit B (Survey Depiction for Parcels 5 and 5A) both attached hereto and incorporated herein by reference. CONVEYANCE: Grantor, a corporation organized and existing under the laws laws of the State of Georgia for the consideration described above grants, sells, and conveys to Grantee the Property (subject to the Reservations from Conveyance described herein), together with all and singular the rights and appurtenances thereto in any wise belonging, to have and to hold it to Grantee, Grantee's Correction SpeC'ial Warranty Deed (parcels 5 & SA Spectrum Drive)-Page 1 heirs, executors, administrators, successors, and assigns forever. Grantor does hereby bind itself and Grantor's heirs, executors, administrators, successors, and assigns to Warrant and forever Defend all and singular the premises herein conveyed unto Grantee and its heirs, executors, administrators, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through or under Grantor, but not otherwise. RESERVATIONS FROM CONVEYANCE: (a) Grantor reserves all of the oil, gas and sulfur in and under the land herein conveyed, but waives all rights of ingress and egress to the surface thereof for the purpose 'of exploring, developing, mining or drilling for same. Nothing in this reservation shall affect the title and rights of Grantee to take and use all other minerals and materials thereon, therein and thereunder. (b) Grantor reserves the right to use the Property for access to and from the Remainder and to install driveways and other facilities necessary for such access subject to Grantee's reasonable approval of the location and extent ofsame. REPRESENTATIONS AND WARRANTIES: As an inducement to execute and deliver this Deed, Grantee agrees, represents and warrants to Grantor that: (a) The Property hereby conveyed may be used as a public right-of-way for the passage of pedestrian traffic, including (without limitation) sidewalks, landscaping, utilities and drainage, or for any other customary use ofpublic right-Of-way as Grantee determines necessary or desirable. (b) No additional assessments or fees for this Project in excess of those established prior to the date of this agreement shall be required of Grantor. For purposes of this paragraph, the term "this Project" means the Spectrum Drive Right-of-Way Project approved by the Town of Addison 2000 Bond Program. (c) The Property is part ofa lot governed by a plat approved by Grantee on December 9, 1997. Nothing in this conveyance shall require replatting or additional plat dedications prior to development of the remainder of the lot pursuant to the lot configuration approved by said plat, and Grantee agrees that the Property shall continue to be a part of the platted lot or development site for purposes of measuring or calculating lot area, setbacks, permissible floor area ratio, landscape area, sign placement or for the application ofany and all other applicable development or zoning regulations. MISCELLANEOUS: (a) Nothing in this iustrument shall be construed as a waiver by Grantee ofany utility connection charge or other charges imposed by ordinance or Charter ofthe Town of Addison. Correction Spedal Warr.tnty Deed (panels S& SA Spectrum Drive) -Page 1 Documc:nt #: 1(9).95'5 (b) The consideration described above shall be deemed full compensation for the conveyance of the Property and for any diminution in value that may result to the remaining property of Grantor by virtue ofGrantee's use ofthe Property. (c) When the context requires it, singular nouns and pronouns include the plural. NOTE CONCERNING CORRECTION: This deed is made as a correction deed in substitution of the deed titled "Town of Addison Special Warranty Deed" ("Corrected Deed") dated November 14, 2003, and recorded in Volume 2003236, Page 00027 of the real property records of Dallas County, Texas, to correct the following incorrect information: the property description contained in the body of the deed referenced only the field note description and survey depiction for Parcel 5A, when it should have referenced field note descriptions and survey depictions for both Parcels 5 and 5A. In addition, the exhibits to the deed were not marked as Exhibits A and B, as referenced in the body ofthe deed. Other than these stated corrections, this deed is intended to restate in all respects the Corrected Deed, and the effective date ofthis correction deed relates back to the effective date of the Corrected Deed. EXECUTED effective as ofthe day first written above. GRANTOR: GRANTEE: POST SERVICES, INC. a Georgia Corporation TOWN OF ADDISON a Texas Municipal Corporation By: Print Name: Print Title: By: Ron Whitehead City Manager Correction Special Warranty Deed cParuls 5 & SA Sp«tn.tm Drive) -Page 3 STATE OF GEORGIA § COUNTY OF FULTON § BEFORE ME, the undersigned notary public in and for said county and state, on this ___ day of , 2004, personally appeared _-:-_--:-___-,-_-' ---:_---:----:------ :____--: on behalf of Post Services, Inc., a Georgia corporation, and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person or entity upon behalf of which he acted executed the instrument for the uses and purposes therein set forth. GIVEN UNDER my hand and seal ofoffice the day and year last above written. Notary Public in and for the State of Georgia MY COMMISSION EXPIRES: [SEAL] STATE OF TEXAS § COUNTY OF DALLAS § BEFORE ME, the undersigned notary public in and for said county and state, on this -:::---:---= day of , 2004, personally appeared Ron Whitehead, City Manager for the Town of Addison, and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person or entity upon behalf of which he acted executed the instrument for the. uses and purposes therein set forth. GIVEN UNDER my hand and seal of office the day and year last above written. Notary Public in and for the State ofTexas MY COMMISSION EXPIRES: [SEAL] Correction Special Warraruy Deed (Partels S & SA Spectrum Drive) -Page 4 EXHIBIT A SPECTRUM DRIVE RIGHT-OF-WAY EXHIBIT LAND DESCRIPTION PARCELS BEING a tract of land situated in the G. W. FISHER SURVEY, Abstract No. 482, Town of Addison, Dallas County, Texas, and being a portion of Quorum East Addition, an addition to the Town of Addison, Texas as recorded in Volume 98001, Page 00033 of the Deed Records of Dallas County, Texas and being a portion of that tract of land described in instrument to Post Services, Inc. as recorded in Volume 98060, Page 03404 of the Deed Records of Dallas County, Texas and being more particularly described as follows: BEGINNING at a 5/8 inch iron rod set with Huitt-Zollars yellow plastic cap on the southerly right-of-way line of Airport Parkway (60 foot wide right-of-way at this point) as established by the final plat of said Quorum East Addition, said point being the northwest comer ofa 0.5675 of an acre tract ofland to the Town ofAddison, Texas as recorded in Volume 99002, Page 00016 of the Deed Records ofDallas County, Texas; THENCE South 00 degrees 08 minutes 23 seconds West along the westerly line of said Town of Addison tract a distance of20.00 feet to a 5/8 inch iron rod set with Huitt-Zollars yellow plastic cap for a comer, from which a 5/8 inch iron rod found with Huitt-Zollars yellow plastic cap bears South 00 degrees 08 minutes 23 seconds West at a distance of334.90 feet; THENCE North 44 degrees 30 minutes 38 seconds West departing said westerly line of the Town of Addison tract a distance of 28.46 feet to a 5/8 inch iron rod set with Huitt-Zollars yellow plastic cap on the said southerly right-of-way line ofAirport Parkway; THENCE South 89 degrees 09 minutes 39 seconds East along the southerly right-of-way line of said Airport Parkway a distance of 20.00 feet to the POINT OF BEGINNING and containing 0.0046 ofan acre of land, more or less. Page I of3 EXHIBIT A SPECTRUM DRIVE SIDEWALK EASEMENT LAND DESCRIPTION PARCEL SA BEING a tract of land situated in the G. W. FISHER SURVEY, Abstract No. 482, Town of Addison, Dallas County , Texas, said tract being 5 feet in width and adjacent to the westerly side of Spectrum Drive and being a portion of Quorum East Addition, an addition' to the Town of Addison, Texas as recorded in Volume 98001, Page 00033 of the Deed Records of Dallas County, Texas and being a portion ofthat tract of land described in instrument to Post Services, Inc. as recorded in Volume 98060, Page 03404 ofthe Deed Records ofDallas County, Texas and being more particularly described as follows: COMMENCING at a 5/8 inch iron rod set with Huitt-Zollars yellow plastic cap on the southerly right-of-way line of Airport Parkway (60 foot wide right-of-way at this point) as established by the final plat of said Quorum East Addition, said point being the northwest comer of a 0.5675 of an acre tract ofland to the Town ofAddison, Texas as recorded in Volume Volume 99002, Page 00016 of the Deed Records ofDallas County, Texas; THENCE South 00 degrees 08 minutes 23 seconds West along the westerly line of said Town of Addison tract a distance of 20.00 feet to a 5/8 inch iron rod set with Huitt-Zollars yellow plastic cap for THE POINT OF BEGINNING; THENCE continuing South 00 degrees 08 minutes 23 seconds West along the westerly line of said Town of Addison tract a distance of 334.90 feet to a 5/8 inch iron rod found with HuittZollars yellow plastic cap on the platted southerly line ofsaid Quorum East Addition; THENCE North 89 degrees 04 minutes S4 seconds West along the southerly line of said Quorum East Addition a distance of S.OO feet to a point for a corner; THENCE North 00 degrees 08 minutes 23 seconds East departing the southerly line of said Quorum East Addition a distance of 339.90 feet to a point for a corner; THENCE South 44 degrees 30 minutes 38 seconds East a distance of7.11 feet to the POINT OF BEGINNING and containing 0.0387 ofan acre onand, more or less. , [0 Page 2 of3 ) MICHAEL E. MURPHY, P.E. Director of Public Works ('J72) 450-2878 (972) 450-2837 FAX mmurphy@ci.addison.ix.us E-mail Town of Addison 16801 Westgrove Dr. P.O. Box 9010, Addison, Texas 75001-9010 ...·.·.1 ---