--) ....... z 9 ,:-." -..J •OJ v.>), 0 .... v.> 
rarchitectural lighting associates. inc.I lighting • sales • seNice MARK HEALY Specification Soles 101 turtle creek boulevard dallas. texas 75207 lei 214.658.9000 fax 214.658.9002 cell
214.232.9259 email mhealy@ala-Inc.net www.ala-Inc.net architectural lighting associates. inc. lighting • sales • service MARK HEALY specificatiOn Sales 101 turtle creek boulevard dallas.
texas 75207 tel 214.658.9000 fox 214.658.9002 cell 214.232.9259 email 􀁭􀁨􀁥􀁡􀁬􀁹􀁀􀁡􀁬􀁡􀁾􀁮􀁣􀀮􀁮􀁥􀁴􀀠www.ala-Inc.net 
Arapaho Road Extension Phase III Right of Way acquisition status report I Parcel Name and Number Status Negotiating Going to court ha\e contract sold/settled Metro Brick Parcel #1 􀁾􀀠X
Joe's Auto Body Parcel #2 X Union Pacific Railway Company Parcel #3 X The City of Dallas Parcel #4 X Heritage Inn Parcel #5 X Motel 6 Parcel #6 **** X Charter Furniture Parcel #7 X Gary
Crouch/MBNA Parcel 􀀣􀀸􀀻􀀱􀀯􀁫􀁾􀁓rs-'L X InteJ'\est Parcel #9 , X Harbour Group Parcel #1 OcT"l..< J 􀁾􀁾􀀮􀀠􀀰􀀧􀁾J ____ X Dale Buliough/Metrocrest 1 Parcel #11 (! X Public Storage
of Dallas, Ltd. Parcel #12 X Public Storage of Dallas, Ltd. Parcel #13 X **** Project is scheduled to go to condemnation, but still possible to reach an agreement. " , 
'/I i PUBLIC WORKS DEPARTMENT (972) 45lI-2871 16801 Weslgrove􀀭􀀭􀁾􀀢􀀢􀀢􀀢􀀢􀀢􀀧􀀢® Post Office Box 9010 Addison, T.... 75001-9010 July 21, 2004 Mr. Trip Brizell Capital Programming
Senior Manager Dallas Area Rapid Transit P.O. Box 660163 Dallas, 'IX 75266-0163 Re: Arapaho Road Phase III Project Dear Mr. Brizell: This project has now been bid and Council has awarded
a $16,731,678 construction contract to Archer-Western. This is to request payment 0[$2,363,878.44 from our DART LAP/CMS account We would like the money to be wire transferred. Please
contact Carolyn Burgett at 972450-7064 for wiring instructions. Thank you for your attention to this matter. Very truly yours, Town ofAddison 􀁾􀀪􀁾􀁾􀁴Public Works Director cc: Chris
Terry, Assistant City Manager MiChael E: Murphy,P.E:,.Director.ofPublic Works Carolyn Burgett, Accounting Manager 
I 􀁾􀀻􀀻􀀮􀀠" ·..c,.. c·.cd';. . (972) 450-2871PUBUC WORKS DEPARTMENT 16801 W ..tgrove,® Post Olliee Box 9010 Addison. Te... 75001-9010 June 28,2004 Mr. Donald L Holzwarth, P .E. Dallas
County Director ofPublic Works 411 Elm Street, 411l Floor Dallas, TX 75202 Re: Reallocation ofFunds for ArapalIo Road Dallas County Major Capital Improvement Program Dear Mr. Holzwarth:
This is to thank you for your recommendation to Jim Jackson to reallocate the $1,432,812 for our Arapaho Road project that was originally scheduled for receipt in FY 2007, and moving
receipt forward to FY 2005. This helps our budget tremendously as we have unw received bids and awarded a $16.5 million contract for coustruction ofthe project. This project includes
a signatore bridge over Midway Road and will complete our extension of ArapalIo Road from Dallas North Tollway to Marsh Lane, and will provide some relief for the traffic on Belt Line
Road. We always appreciate the cooperation and helpfulness we have received from you and your staffthroughout this process. Please come see us when you can. Very truly yours, Michael
E. urphy, P.E. Director ofPublic Works Cc: Chris Terry, Assistant City Manager Jim Pierce, P .E., Assistant Public Works Director 
MEMOGrantbam&Associares, Inc. 1919 S. Sbi10h Rd., Suite 310, LB 8, Garland, 'IX 75042 Date: December 10, 2003 G&ANo. 320 To: Utility Companies From: Bruce Grantham I Katura Curry Re:
Utility Conflicts and Relocations -Arapaho Road Phase 3 Notes: • The franchise utility conflicts and relocations listed in this memo are shown on the attached Sheets I and 2. The paving
stations and other location references are also shown on these sheets. • It is understood that franchise utility services to the buildings shown to be demolished prior to the construction
of Arapaho Road Phase 3 will need to be disconnected. However, it has not been determined what utilities serve these buildings at this time. • All conflicts have been placed within one
oftwo categories: • Category I: Must be relocated to avoid proposed Arapaho Phase 3 improvements. • Category 2: May need to be relocated to avoid proposed Arapaho Phase 3 improvements.
In most cases, we anticipate that the franchise utilities would want to relocate the utilities in this category to provide working room for future maintenance. • Oncor Conflicts: I olt.-.
rJt1..! 􀁾􀀠Sheet 1 of2 ./"'\ • Power Pole at proposed 8' x 6' box culvert just east of Surveyor (Category I) • Crossing at station 37 + 80 (Category 1) • Crossing at station 45 + 40
(Category 1) • Crossing at station 47 + 40 (Category 1) • Crossing at station 50 + 40 (Category 1) • Crossing at station 51 + 60 (Category I) • Crossing at station 55 + 20 (Category
I) • Crossing at Midway Road (west side) (Category 1) • Crossing at Midway Road (east side) (Category I) • Power Pole at stations 61 + 70 and 62 + 40 (Category 1) Sheet 2 of2 • Power
pole at stations 63+10, 63+60, and 64+80 (Category I) • Crossing at station 86 + 10 (Category 1) Tel.: (972) 864-23331 FAX: (972) 864-23341 E-mail: Info@gra-ce.net 
Utility Companies December 10,2003 Page 2 • TxU Gas conflicts/􀁃􀀻􀁾􀀠􀁾􀁾􀀠Sheet I of2 • Crossing at Surveyor Boulevard (west side) at proposed box culvert (Category 2) • Crossing at
Midway Road (west side) (Category 2) • SBCConflicts: j nJ/l 􀁾􀀠􀀮􀁲􀀮􀀺􀀭􀁁􀀴􀁾􀀠 Sheet I of2 􀀧􀀨􀁊􀀨􀁬􀀮􀀮􀀺􀁜􀁾􀀧􀀯􀀠 • Crossing at Surveyor Boulevard (west side) at proposed box
culvert (Category 2) • Crossing at Surveyor Boulevard (east side) at proposed box culvert (Category 2) • Parallel conflict station 51 + 00 to west side of Midway Road (Category I) •
Crossing at Midway Road (west side) (Category 2) • Crossing at Midway Road (east side) (Category 2) • MCI Sheet 2 of2 • Parallel conflict station 76 + 60 to 85 + 80 (Category 2) • Qwest
Sheet 2 of2 • Parallel conflict station 76 + 60 to 85 + 80 (Category 2) 􀁾􀀠 ()}J 􀁾􀁾􀀢􀀦􀀺􀀠􀁬􀁬􀁾􀀠-WoJ» l"t 􀁾􀁾􀁡􀀻􀁨􀁬􀀮􀁧􀀮􀁬􀁅􀀿􀀧􀀠lb 􀀼􀀹􀁾􀀠􀁃􀁁􀁖􀀷􀁾􀁾􀀠ll\\C,Ll>E 􀁾􀀠􀁾􀁾W\T--t+'
M· tt, 􀀯􀀩􀀮􀀮􀁾􀁾􀀬􀀠Ji;vl 􀁆􀁱􀀻􀁬􀁁􀁆􀁾􀀠􀁾􀀠􀁾􀁗􀁾7MQ --(M:t 􀀭􀁲􀁾􀀠lAJaJ L9 􀁜􀁊􀁊􀁾􀀠􀁖􀁖􀁊􀀨􀁾􀁾􀀭􀁻􀁚􀀮􀀮􀀠-co 􀁊􀁷􀁾􀀠􀁕􀁁􀁴􀁾􀀠􀁾A::r Tl \1\'\\2 Dr; 􀁾􀁣􀀬􀀮􀀭􀁲􀁾􀁔􀁩􀁏􀀼􀀮􀁊􀂭(JX)V-0,
􀁾􀁾􀁾􀁲􀁾􀁃􀁻􀀩􀁧􀁌􀁍􀀭􀁃􀁬􀀧􀁄􀁾􀀮􀀠\tV t\it 􀀿􀁫􀁬􀁏􀁾􀀠Muto '--􀁾\Ie;( 􀁬􀀿􀁾0 \l.-1l.J-V\k \OW I 􀁜􀁄􀁾􀁜\ WwG 􀁾􀁾Q>eK 􀀧􀁬􀁢􀁾V-􀁾􀁾􀁰􀁯􀁯􀁣􀁳􀁾􀁾􀁾􀀭􀁬􀁬􀁣􀁯􀁯􀁾􀁵􀁴􀁩􀁬􀁩􀁾􀁣􀁯􀁮􀁦􀁬􀁩􀁣􀁾􀁮
􀁲􀁥􀁭􀀠 I FAX: , . 
,. , rPROP. 􀁒􀀮􀀨􀀩􀁾􀁗􀀮􀀠,----._-I i : (. C 􀁾􀀠0<,":::::::::=-"::'::::::'''--::::::.::.::'.::::::...:.:. ,'.. . '--'. --...... . 􀁾􀀠r : 􀁾􀀠, \I:: rn 􀁾􀀠i !􀁾􀀠/, SAN. SEW. I 1
, I I I I I I 􀁾􀁏􀀨􀁬􀁃􀁏􀁒􀁅􀀠, "........ 'I Ii (1)S.B.C. 2-9'x8' BOX CULVERTS 110.97% END RETAINING WALL BEGIN BRIDGE _L_ PROP. R.O.W. '--":: ,I ,I II II ,I II >I LEG£NQ --􀁓􀁁􀁾􀀮􀀠Stw.
(1)' 􀁾􀀮􀀠-UC CAS -tiC 1'rL -WATER 􀁕􀁎􀁾􀀠􀁾􀀠CH ElECTRIC UG CASU: . ,..:.'-<-.---; /ij I I I ilI II I: :1 I I BEGIN RETAINING W' ...;/II '\ I ...,. -\{I , , I I 1 I I PROPOSED􀀱􀁍􀀻􀁾􀁏􀁖􀀻􀀻􀀻􀀧�
�􀀱􀀱􀁩􀀠sac Field Located •. ' .:e. . '-PROP. R.O.W. ... . '(1) S.B-C. //'1 --"'" 􀁾... (1) ONimRE' 2-9Jx8' J 1 . &B.c. BOX CULVERTS IPROP: ,B,:RyljjD..,OE. ../II 2.B% PIER" ," " --PROPOSED
THRUST BLOCK (TVP.) ... ' ."'. I I .. ". -R.O.W. (l) -"' 􀁾􀀠 
lOO SAN. SEW. UG GAS uc TEL WATER UNE <D -MUST BE RELCCATEDTO AVOID PROPOSED ARAPAHO PHASE 3 IMPROVEMENTS 0-MAY NEED TO BE RELOCATED TO A VOID PROPSED ARAPAHO PHASE 3 IMPROVMENTS. IN
MOST CASES, WE ANTICIPATE THATTHE FRANCHISE UTILITIES WOULD WANT TO RELOCATE THE UTILn'lES 11"l THIS CATEGORY OH ELECTRIC TO PROVIDE WORKING ROOM FOR FUTURE MA1NTA1NANCE UG CABl£ END
BRIDGE BEGIN RETAINING WALL , ,, , PROP. R.o.W. 9'x5' BOX CULVERT c 0.52% EXIST. R.O.W. ---PROP. R.O.W. 9'.6' BOX CULVERT PROP. BRIDGE c 0.52% PIER (TYP.) UTILITY SERVICES TO BE WITH
DEMOLITION ----􀁃􀁄􀁏􀁎􀁣􀀼􀀩􀁾􀁴􀁬􀀠I QW]':ST ' ./;{';.J-;-. ///; I /I I ._/-----/-I PROP. 􀁒􀀮􀁏􀀮􀁾􀀺􀀷􀁮􀀠, , , j'. ! .. I -----' , RCP c 0.89% /,"::"""""""""""":i't'!"",,::􀀢􀁾􀀢􀁩􀀢􀀢􀀬􀀬􀀬􀀬􀁾
􀁩􀀢􀀧􀀺􀁩􀀢􀀧􀀢'1""""""""]f:"":"":"""''''''''::5''''''''''''''''''''''''''''''''-'''''t1"1:tttt:J ,I '/: " .. 􀁾􀀬􀀧􀀠I I I . I I 􀀡􀁾􀀧􀀭􀀭􀀧􀀭􀀭􀀭􀀭􀀭􀀭lHIS DoctJljENl R£PR[S£/HS
􀁾􀁾􀁾􀀭􀁾􀁟􀀠􀁜􀁉􀀧􀁃􀁊􀁬􀀡􀀱􀁒􀁉􀁎􀁾􀁐􀁒􀁏􀁃􀁒􀁛􀁓􀁓􀀠AND IS 1'101 TO BE USED FOR CONSTRUCTION TOWN OF ADDISON OR PERloIITliNC. AKC A. KATURA CURRY Jal,S P.[, 1(1. B767!l 50 0 '0 scale
reel ----1" bO'= ,', .-.::::.. i I SHT. 2 OF 2 
\\ 1---ID -"t -13 -'i/" -If 0 f__--.J( 􀀱􀁳􀀭􀀡􀀭􀀭􀀭􀁾􀀭􀀭􀀫􀁉􀀭􀁾􀀭􀁾􀀠/0, 0:: , ° >10􀁾􀀠9 , 􀁾􀀠I ° HC 0 􀁾􀀭􀀭􀀭􀀭HC He 􀀭􀁾􀀠􀀯􀁲􀀭􀀭􀀭􀀭􀁾􀁉􀀠\ TENNIS COOR1 65<00 '----::J--,􀀭􀁾􀀭􀀭..
II r LEGEND REMOVE EXIST INa P_ING STRIPE PR,CPOSEO sa..ID 6" WHITE STRIPE -x-PR(F()SEO CIW/IC===:::;-------------, LINK FENCE o 20 40 60 80---SCALE IN FEET N I I NOTE; SEE REMOVo'L
PLN<S 􀁆􀁾􀀠DEMa.ITION IN THIS H'<.A. FOR INTERIM REVIEW ONLY &\1 $..AAy 0.. Ha.1lER. ..ft. 􀀮􀁉􀀧􀀮􀀭􀁾􀀬􀀮􀀠0,1111 HNTa CORPORATION HOT FOA COHSmutTiotl, 61001,"" OR: FEkWlT """""'"
NO. !)Art REVISIotl 􀁾􀀮􀀠􀀱􀀺􀁉􀀢􀁩􀁩􀀭􀁪􀁾􀁾􀁾􀀠ARAPAHO ROAD -PHASE III SlJI?tEYOR BW/EfN/f) TO _[SON RON) PARKING LAYOlff ISOPLEX TOWN OF ADDISON • TEXAS 0.,..,., JSlI 􀁾Gf'S O.o.TE
sc.o.u: 􀁾􀁥􀀱􀀠I(}.. $lEU M), 
􀁾􀁏􀁗􀁌􀁅􀁓􀀠􀀦􀁔􀁈􀁏􀁍􀁐􀁓􀁏􀁾.!.5d A Professional Corporation􀁾􀀢􀀷􀀠1978-2003 ATTORNEYS AND COUNSELORS ANGELA K. WASHINGTON 214.6722144 AWASHINGTON@COWLESTHOMPSON.COM April!l,2003
VIA HAND DELWERY Mr. Barry R. Knight Winstead Sechrest & Minick, P.C. 5400 Renaissance Tower i20i Ehn Street Dallas, Texas 75270 RE: Engineering Plans for Arapaho Bridge Dear Barry:
Pursuant to your request, accompanied by this letter, are the above-referenced plans In connection with the condenmation case for Parcel 8, Arapaho Road Extension Project. Sincerely,
􀁋􀀷􀁾􀁊􀀨􀁲􀀡􀁬􀁾􀀠Angela K. Washington AKW/Y.ir Enclosure c: r..!r. 􀁾􀀱􀁩􀁫􀁣􀀠r.,1Ut.-p!iy, v·dr'\ddisvn Mr. Steve Chutchian, w/Addison Mr. Lewis Isaacks Mr. Ken C. Dippel, w/fum
901 MAIN STREET SUITE 4000 DALLAS, TEXAS 75202·3793 D ALL A S T Y L E R TEL 214.b12.2000 FAX 214.672.2020 WWW,r.OWlESTHQMPSQN.tOM 
JRN-09-2aB3 2, 3. 6. e, 1{= 7. 􀁾􀀠9. 􀁾10. COWLES 8. THOMPSON 2! 46722000 P. 05/06 13'47 JDIJ;. VASSAlLO LI'U OFFice EXHIBIT' Subpoena Duces Tecum All pholOOraphs, vidsalapes, motion
plelute$, film or oilier graphic depk:tlons, InclUding map$, plall or models 0' the improvementlwnliltrucllon project the subleet of IIlls lawsuit. AU photographs, vldeDtapes, molion
picture. film or other graphla deplcttons, including maps, plata or modols, of all alleged compeu.bllI' sales. All appraisal Rlports. merktll analyses. Income analyses, colOl analyses
or comparable &aID dala made. oltered, reviewed, compiled, used or consulted by any and all witnesses who mayor shall blJ called 10 testify in the lrial of 'hi5 causa. All Iollil, diaries.
Journale, dally repol1a or memonJrlda IlUbmilted by any person .,'red by Dafendant or for Defendanl's benefit in this lawslJit pertaining to work In progl8SS, construction or perlOlfnance
of constlUctton on the ImprovemenVconstruclion projIKif the subjecl of Ihb lawsuit. All reporta. studieS. anaJyees or data compilations reduced 10 langlble form und, nwlewed, oonaullGd
or pr.tlared by or for any testifying witness, specillcally including lIudlltllllll or (loeuments prepared by consulling wilnessee If such Items or documenl$ form lhe basis In part 01
any tesli1ying WMKS', data or opinions about 1l14I implOvement/cOnl:lruction project. All non-prlva.ged dacumenllll relating to. sent 10 or received from each person having knowledge
of facta or issues relavant to the 1I1Igation lind documente relallnl) 10 or r8fflll;ting their knowledge ollhe maulS and Issues InVOlved In Ihls Iillga1lon. All dOcuments, including
correspondence, conlraCIB end land lIgen!'lI diaries, evidencing. relieerlng, showing. aurhorizing or confirming contac:ls, offers lind negotiations 10 acquire feB' lille or other inlerellts
in Defendant's land. All appraisals of land wilhin the propoll6d improvementloonstruotlon project wItt1ln five (6) mi. 01 Ih' land. lIPIIClllcally including any appral••" on the land
or reflecting damsges sod calculalionil of damage therato, aod all Information .8 to any comparable 11111111 oon&idered in eonnection with any appraialll, All documents received by Plalnllff
from any parUcipllntln tha planning. conlllrucllon and financing of the ImplovemenllconslrucUon p!'ojecl propo8ed by Plaintiff. All docum,nl$ reflecting 01 evidencing or idenllfying
the employees 01 Plaintiff who have _rtced on Ihe proJKt. or the dlllll;n and locallOn of Ih/il facilities Involved III the IIliQation. 
P.07 􀁊􀁡􀁮􀀭􀁬􀁾􀀭􀀰􀀳􀀠12:12P ADDISON HR 972 450 2835 JAN'09-2003 15:05 COWLES &THOMFSON 2146122a00 P.06/06 JA»-09-2033 lJ!48 iDD IE VRSSAU.O LAW CFF ICE 214 5'59 1299 P.!!S/06 All
documents that may have been used, I/Iewed or preparecl in determining the use "*11. ornlil_Ity 01 8(Xjlllring a porlion of the land 'or tile pwposes slated In the IllIgatlon. 12. The
comprelB report 01 arty Iesllfying expert for the subject property at illsus in lila lawsuit, including all SUPPQrllng schedules. documents, data, noles, wor1< papers, phDtOgraphS. <lralla,lnIermedil
lte reports and supplelmental repQTUl.. 19. All documents that reitect, relate to or concern oommuniCalions between you and any other testifying expert wib'less retained on behllilol
Pllinliff 􀁾􀁤􀀱􀁯􀁲its coonisi. 14. All engagement lelte(s, fee statements, Invoices, remittance and payment IIdvlces releUng 10 '••Ii1ylng expart witness services on behalf 01 Plaintiff
In this lawsuit. 15. A r.ume or curriculUm vitae lor aillestlfyintl 8lq3e" witnesses or any olhar opinion wltnllSIl4lll.. 16. All dClcumerrts that rellect, refer to or OCIlICem the menIal
impressions, undsrlying ullurnpllona and opfnlo", of lillY expert willllltl8 In OOMection with Iftl& lawsuit. 11. All doc:umenll. reports, mod,I., compilations of data and other mllteriaJ
prepared 􀁴􀁾􀀠or lor any expe" wllllesa In oonnllClfon wilh this lawsuit. ,*18. EvelY appraisal or engineering analysis of Defendant's property, including every elCpert raport and opinion
relied upon In formulating opinions In each appraisal andlor engineering repon. All construction plans, plats. elevation drawtnge an<vor ,ohematioo wIlklh deplot MY*19. itruclurilin.
on or adjacent to Defendalll'& property for Ifte improvemenllconslrudlon project _ANrS 1I0TlCE OF ORAl OEPOsmoN OF U. I!. MURPHY "NII8Ull'OEHA DIlen TECUM 􀁾..... TDTFIL F.0€. 
Michael MurphY From: Chris Terry Sent: Thursday, OCtober 10, 20029:0SAM To: Michael Murphy Subject: RE: WatsonlTaylor value ofimprovements I agree. If you don't hear from Ron, let me
know and I will visH with him at 10:00 tomorrow to gel his input. Chris --<lriglnal Message-From: Michael Murphy Sent: Wednesday, 0<t0IJer 09, 20024:55 PM To> Ron Whitehead; au", Terry
Subjed: watsonITayIor value of Improvements Ron, Chris, Attached is a-cost breakdown of the value of improvements-associated the latest WatsonlTayJor offer. f think we shoold make this
info part ofany future discussions with the Watson Taylor people, If you concur I will forward this information to Mr. Dipple. « File: Watson Taylor value of improvements.xls » Thanks
Mik& Michael E. Murphy, PE Director of Public Works (972) 450-2878 Work (214) 215-5280 Mobile (972) 450-2837 Fax E-Mail: mmurphY@ci.addison.tx.us 1 
PUBLIC WORKS MEMORANDUM FAX COVf3R SHf3f3T TO: Kt:14 Dt:ppel, Cowles al4fi Thom;psol4 Fa.x. (:21.4) G72-Z35!? FROM: Milee Murphy_ Direotor ofl>ubttc wories;/Addiso/4 FtI,x # fj),,2)
4-So-2!?3)" Off# fj),,2) 4-S0-2l?)"/? PATIS': september.:;,r,. 2002 (Number ofrtlges -i) 011\. August l.3th, 2002 ---Ml::JseLf, ROil\. wVltteheCld ClII\.d steve CVlutCVlkClII\. VlA.et
WLtVl TYClCI::J TCll::ltOY, cteoyge WCltsOll\., DaVe K£!pttll\. ClII\.d ,,\"Will\. 111 to dtscuss tVlf Towll\.'" acqul.sl.tCoII\. of ROW foy tVle AyapClVlO ROad Pyqject. Aftey Cl te""0tVlI::J
discussCoII\. Oil\. tVlt ytClSO.u.""0, aLLgII\.VlA.eV\.t ClII\.d desCgI'\. oftVie pyoject, we coV\.Ctuded tVie Vl<eetL""0 wttVi tVie uV\.deYStClII\.dL""0 tVlClt tVle wCltsOvVTal::JLoY
attoyV\.t1::J wouLd LVI<VlA.edU;;teLI::J begLII\. 􀁷􀁏􀁾􀀢􀀢􀀰􀀠01'\. all\. offer to tVlt TowV\. ofAddtsoll\.. III\. the b weekos thClt have passed we J"ave tjet to yeceLve al'\. offer
orprO)'oslll aVl-d vlurt""0 tVie b-wetR. iVktertm we ViClve wV\.tllcted My. TClI::J lor Oil\. SeveYClt OCCllSLOV\.S with V\.O successfuL respoV\.Se. Therefore, I would yecoVl<VlA.eVl-d
I::JOu drClft Cl Letter ofpeVl-dt""0 coVl-deVl<lI\.!!tCoV\. s[IM.LlClr to tnt oV\.t delivered to My. Addtsol'\. WLLsoV\.. 40i4 "Belt LJ.V\.t ROClvl AddLSOVC, TX. 7500i-43>13 
HP LaserJet 3200se TOALASERJET 3200 invent 9724502837 SEp·27·2002 lO:58AM Fax Call Report Job Date Time Type Identification Duration Pages Result 837 9/27/2002 10;57:44AM Send 92146722358
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L..i.I« Jt{;1Ui AddLlw., 'J"X. 7$001....aw 
,Michael Murphy From: Sent:-, To: luke Jalbert Friday, Sefllpfetemffllililte!fcf􀀲􀀧􀁨􀁾􀀱􀀭􀀦􀀮􀀴􀁴􀁝􀀠AM Michael Murphy 􀁴􀁬􀀧􀁬􀁬􀀡􀁬􀀩􀀧􀀢􀁦􀁬􀁬􀀩􀀧􀁉􀀶􀁆􀀦􀀭􀁾􀁥􀁳􀁳􀀠4014 beltline
road #300 􀁾􀁾􀀱􀀧􀁘􀀧􀀺􀁾􀀳􀀸􀀳􀀠
􀀱􀁻􀁦􀀮􀀧􀁬􀀭􀁆􀁁􀁾􀁥􀁊􀀮􀀮􀀮􀀮􀀠CL-􀀺􀁾􀀠􀁦􀀧􀀱􀁦􀁲􀁾􀀬􀀭􀀴􀁴􀀠􀀻􀀮􀀻􀁾􀁾􀁾􀁾􀁾􀀻􀀮􀀮􀀻􀀮􀀠OFFICE OF THE CITY MANAGER (972) 450·7001 • FAX (972) 450-7043 ® Pas! Office Box 9010 Add;,on,
T .... 75001·9010 5300 Belt Lin. Rood October 2, 2002 􀁾􀀫􀁆􀁴􀁾􀁾􀀠la/.J/c2Mr. Randy Lee, ;::::-Vice President O?'" () (:)00'1 97/9 􀁓􀀭􀁾􀁗Accor Economy Lodging 14651 Dallas Parkway,
Suite 500 Dallas, Texas 75254 RE: 0.6430 Acres Located at 4301 Belt Line Road Roadway Inn Addition, Edward Cook Survey, Abstract No. 326 Dear Mr. Lee: Thank you for your September 25,
2002 letter submitting a counter proposal to the Town of Addison for the purchase of the above-referenced property in connection with the Town's Arapaho Road Extension Project. We have
reviewed your counter proposal and determined that the Town cannot accept your offer. Thus, we will proceed to acquire the necessary property through the condemnation process. Should
you have any questions, please feel free to contact me or Mr. Mike Murphy, Director of Public Works, at (972) 450-2871. Sincerely, 􀁾􀁾􀁬􀀰􀁾􀀠Ron Whitehead City Manager for the Town
of Addison 
HP LaserJet 3200se TuALASERJET 3200 invent 9724502837 OCT-3-2002 3:25PM Fax Call Report Job Date Time Type Identification Duration Pages Result 958 101 3/2002 3:24:11PM Send 99722480230
0:58 1 OK Mr.IWdyLee Vicc:PrWdtnt Acoor 􀁾􀁮􀁯􀁭􀁹Lodgit!.g 14551 Dallu 􀁐􀁾􀀧􀁄􀀮􀁙􀀮Suite 500 o.llM, Tuu7}2S4 HE: 0,6430 􀁁􀁾􀁲􀁥􀀤􀀠L«:aied Ii 431'11 Delr Line Ro.d RolUiway lim Addition,
Edward Cook SUm!)', A1»tnlct Nit. 315 DwMt,Lee; 11mnk you f4f)'OUI 􀁓􀁾􀁰􀁬􀁥􀁮􀁴􀁢􀁴􀁲lS, 20021t«" wbrnilting aC4)Un!Cf proJmal 10 1M Town o( Addison rOf !he purcllllst of ttl': 􀁡􀁨􀁯􀁶􀁥􀂷􀁾􀁲􀁥􀁲
􀁴􀁬􀀧􀁬􀀺􀁸􀁤􀀠pJ'tlp!:rty in O'J!lDeoction whlI tAt: Tcw«s Atapaho Ro4Id liJo:Iell5loQ Prnjut. We have KYi<:'Ne4)'O'Jr CO\lA!U proposal a.oo dclcnmned!hat Ihe Town ClIll'f()t tc«pt
>1)lIr offer, Tbtt.t, we will procttd 􀁾􀁯􀀠IICqllim !he nmswy propertY tlnouglt the COJl(lem.nalion prQCf.ll5. Shauld YOI.I have my ql,lt$tlOnJ. plwe ful !'ree f.o co:rtaet me or Mr,
Mlkr; Mwpby, Dirt.dorofPublic Wor't" at (912) 450-1811. Sintm!y,-Ko-wU:5tD RO::i Wbilothe&d elty Mwger for the Town ofAddison -"'􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀁾􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭
􀀭􀀭􀀭􀀭􀀧􀀠
------------------------------------------, HP LaserJet 3200se TOALASERJET 3200 invent 9724502837 OCT-3-2002 2:48PM Fax Call Report Job Date Time Type Identification Duration Pages Result
955 101 312002 2:47:12PM Send 92146722358 0:54 2 OK TOWN OF ADDISON 􀁐􀁾􀁒􀁋􀀸􀀠• MIchael E. Murphy, P.E. DlrectoTofPublie Workt Colnpany: To]F-DyYL From' 􀁆􀁁􀁘􀀢􀀧􀀧􀀭􀀺􀀭􀁾􀀭􀀺􀀺􀀭___
Do"" I () -:3-0 "Z.---'" 1&$1 w.atarove P.O. Box 901(1 No. ofPapt:(lncludfng l;O....r):_-Z-Addlaon. TX 16001-9/)10 
OFFICE OF THE CITY MANAGER 􀁾􀀠 ® Post Office Box. 9010 Addison, Texas 75001R 9010 􀀮􀀢􀀧􀀱􀁉􀁦􀁾􀀠-r /Hovt;tfTSeptember 17, 2002 Mr. Rick Larsen Tharaldson Development 1201 Page Drive
Fargo, North Dakota 58103 Re: Lots 4&5, Addison Restaurant Park Ue Af?e S-e/l-<[}//Vf tl"'THeritage Inn Number XIIIJTharaldson Development S+e<eDear Mr. Larsen: We recently received
your company's proposal dated July 22,2002, regarding the Town of Addison's acquisition of a .5792-acre tract of land and a temporary construction easement in connection with the construction
of Arapaho Road. In consideration of this offer, the Town of Addison will pay the appraised value of $140,700.00 as the purchase price for the permanent right-of-way and temporary construction
easement. In addition, the Town will provide all necessary engineering and construction improvements to accommodate a single access drive from Arapaho Road to the property (property
dimensions preclude more than one driveway entrance from Arapaho Road). The cost of such such improvements is expected to total approximately $127,800.00. Since the property will have
frontage on Arapaho Road, you will be eligible for an additional sign in accordance with the ordinances and regulations of the Town. Thus, no provision addressing the requested sign
variance has been included in the Contract of Sale setting forth the terms of this arrangement, which is enclosed for review and execution by Mr. Gary Tharaldson, who we understand is
the president of Midwest Heritage Inn, Inc., the general partner of Heritage Inn Number XlII. As the Arapaho Road project is moving along quickly, we request your response to this within
10 days of receipt. If we do not hear frcm you within the 10-day time frame, we will consider the offer rejected and proceed to condemnation. Should you have any questions, please feel
free to contact Mr. Mike Murphy, Director of Public Works, at (972) 450-2871, or myself. Sincerely, Ron Whitehead City Manager 
CONTRACT OF SALE This Contract of Sale (this "Contract") is made and entered into by and between Heritage Inn Number Xill, Limited Partnership (the "Seller'') and the TOWIl of Addison,
Texas (herein sometimes referred to as the "Buyer"). WIT N E SSE T H: WHEREAS, Seller is the sole owner ofthe real property located in the TOWIl of Addison and described in Exhibit A
attached hereto and incorporated herein (the Entire Tract); and WHEREAS, the TOWIl of Addison intends to construct an extension of Arapaho Road through the TOWIl (the Arapaho Road Phase
III Extension), part of which will be located upon and across a portion of the Entire Tract (which portion is described in Exhibit B attached hereto and incorporated herein (and referred
to herein as the Property); and WHEREAS, during and in connection with the construction of the part of the Arapaho Road Phase ill Extension which will be located upon and across the
Property, the Town will need to use another portion of the Entire Tract (the Easement Area, described in Exhibit C attached hereto and incorporated herein) for temporary construction
purposes (the Temporary Construction Easement); and WHEREAS, Buyer desires to acquire the Property for street right-of-way and other public purposes and to acquire the Temporary Construction
Easement in connection with the construction of the Arapaho Road Phase ill Extension, and Seller desires to sell and convey the Property and the Temporary Construction Easement to Buyer;
and WHEREAS, Seller and Buyer desire to enter into this Contract setting forth the terms and conditions of such sale; NOW, THEREFORE, Seller and Buyer, in consideration of the mutual
covenants and agreements herein contained, do mutually agree as follows: ARTICLE I Defined Terms 1.1 Definitions. As used herein, the following terms shall have the meanings indicated:
"Closing" means the consummation ofthe purchase of the Property by Buyer from Seller in accordance with Article VIT. "ClOSing Date" means the date specified in Section 7.1 on which the
Closing is to be held. "Deed" means the Warranty Deed to be executed by Seller in favor of Buyer, the form of which is attached hereto as Exhibit D and incorporated herein. "Easement
Area" means the real property described in Exhibit C attached hereto and incorporated herein. 1 
"Effective Date" means the date on which Buyer and Seller have both fully executed this Contract. "Entire Tract" means the real property described in Exhibit A attached hereto and incorporated
herein. "Permitted Exceptions" means, with respect to the Property, all validly existing and presently recorded public utility easements and building set back lines. "Property" means
that certain tract of land described in Exhibit B, attached hereto and incorporated herein, together with any building or other structure or improvements, including, without limitation,
fixtures, presently situated thereon, and together with all privileges, easements, and other rights appurtenant thereto. "Purchase Price" means the total consideration to be paid by
Buyer to Seller for the purchase of the Property as set forth in Section 3.1. "Remainder Tract" means the Entire Tract save and except the Property. "Temporary Construction Easement"
means the Temporary Construction Easement on, across, in, over, under, and through the Easement Easement Area as described in, and in the form attached hereto as, Exhibit E. "Title Company"
means Republic Title of Texas, Inc., 2626 Howell Street, 10th Floor, Dallas, Texas 75204. 1.2 Other Defined Terms. Certain other defined terms shall have the respective meanings assigned
to them elsewhere in this Contract. ARTICLE II Ae;reement of Purchase and Sale 2.1 Ae;reement On the terms and conditions stated in this Contract, Seller hereby agrees to sell and convey
the Property and the Temporary Construction Easement to Buyer, and Buyer, in consideration of the performance of the agreements of Seller contained in this Contract and in reliance on
the representations and warranties ofSeller contained in this Contract, hereby agrees to purchase the Property and the Temporary Construction Easement from Seller. ARTICLE III Purchase
Price 3.1 Purchase Price. The Purchase Price to be paid by Buyer to Seller for the Property and the Temporary Construction Easement is $140,700.00. The Purchase Price is payable by Buyer
in cash at Closing. ARTICLE IV Representations, Warranties and Covenants 4.1 Seller's Representations and Warranties. Seller represents and warrants to Buyer as follows: 2 
(a) Seller has the full right, power, and authority to sell and convey the Property and the Temporary Construction Easement as provided in this Contract and to carry out Seller's obligations
hereunder, and all requisite action necessary to authorize Seller to enter into this Contract and to carry out its obligations hereunder has been, or by the Closing will have been, taken.
(b) Seller has not received notice from any governmental authority that there are, to the best of Seller's information, knowledge, and belief, there does not exist, and Seller has not
used or deposited (and to the best of Seller'S know ledge no prior owner or current or prior tenant has used or deposited), any Hazardous Substances, as hereinafter defined, at, on,
or under the Property or the Easement Area in violation of the Comprehensive Environmental Response, Compensation and Liability Act,the Superfund Amendment and Reauthorization Act, the Resource Conservation Recovery Act, the Federal Water Pollution Control Act, the Federal Environmental Pesticides Act, the Clean
Water Act, the Clean Air Act, all so-called Federal, State and Local "Superfund" and "Superlien" statutes, and all other statutes, laws, ordinances, codes, rules, regulations, orders
and decrees regulating, relating to or imposing liability (including strict liability) or standards of conduct concerning any hazardous SUbstances (collectively the "Hazardous Substance
Laws"). For purposes of this Contract, the terms Hazardous Substances shall mean and include those elements or compounds which are contained in the list of Hazardous Substances adopted
by the United States Environmental Protection Agency and the list of toxic pollutants designated by Congress or the Environmental Protection Agency or under any Hazardous Substance Laws.
Hazardous Substances shall also include Radon gas and asbestos. (c) The Property and the Easement Area and all parts thereof are not now subject to any litigation, or other legal or
administrative proceedings, and Seller has no knowledge of any any facts that might result-in any such litigation or proceedings. Seller has not received notice from any governmental
or quasi-governmental agency requiring the correction of any condition with respect to the Property or the Easement Area, or any part thereof, by reason of a violation of any federal,
state, county or city statute, ordinance, code, rule or regulation or stating that any investigation is being commenced or is contemplated regarding any ofthe foregoing. 4.2 Buyer's
Representations and Warranties. Buyer has the full right, power, and authority to buy the Property and to acquire the Temporary Construction Easement as provided in this Contract and
to carry out Buyer's obligatious hereunder. ARTICLE V Title 5.1 Title Policy. At the Closing, Seller, at Buyer's sole cost and expense, shall cause a standard Texas owner's policy of
title insurance (the "Title Policy") to be furnished to Buyer. The Title Policy shall be issued by the Title Company in the amount of $140,700.00, and insuring that the Buyer has indefeasible
fee simple title to the Property. The Title Policy may contain only the standard printed exceptions and the Permitted Exceptions (except as otherwise provided in Paragraph 7.2 and other
provisions hereof). ARTICLE VI Conditions to Buyer's Obligations 6.1 Conditions to Buyer's Obligations. The obligations of Buyer hereunder to consummate the transaction contemplated
hereby are subject to the satisfaction, as of the Closing, of each of 3 
the following conditions (any of which may be waived in whole or in part in writing by Buyer at or prior to the Closing): (a) All representations and warranties of the Seller shall be
true on and as of the Closing Date. (b) The Property and the Easement Area, or any part thereof, shall not have been and shall not be threatened to be affected in any way as a result
of litigation, any action by the United States or any other governmental authority, flood or act of God. ARTICLEVll Closing 7.1 Date and Place of Closing. The Closing shall take place
in the offices of the Title Company. The Closing Date shall be thirty (30) days after the Effective Date. The Closing Date may be extended or accelerated by the mutual agreement of the
parties. 7.2 Items to be Delivered at the Closing. (a) Seller. At the Closing, Seller shall deliver or cause to be delivered to Buyer the following items: (i) The Deed, duly executed
and acknowledged by Seller, subject only to the Permitted Exceptions; (ii) The Temporary Construction Easement, duly executed and acknowledged by Seller; (iii) An affidavit, in a form
reasonably acceptable to Buyer, in compliance with Section 1445 of the Internal Revenue Code of 1986, as amended, and any regulations promulgated thereunder, stating under penalty ofpeljury
the Seller's United States identification number and that Seller is not a non-resident alien; provided, however, that if Seller fails to deliver this affidavit, Buyer shall be entitled
to withhold from the Purchase Price and pay to the Intecnal Revenue Service the amounts required by Section 1445, and applicable regulations promulgated thereunder; (iv) The Title Policy;
(v) Sufficient evidence that Seller has authority to sell the Property and to convey the Temporary Construction Easement and to execute all closing documents on behalf of Seller; and
(vi) Such other documents as the Title Company may request in order to close this Contract and issue the Title Policy (including, without limitation, such affidavits as the Title Company
may reasonably request in order that the Title Policy will not contain exceptions for parties in possession or tenants in possession under unrecorded leases, or to the extent necessary
to determine that the Seller is not the same individual as may be identified in any abstracts of judgment, bankruptcy filings, that there are no unpaid debts for work that has been done
or rnsterials furnished in connection with the Property or the Easement Area and that there are no unrecorded mechanic's or materialmen's liens upon the Property or the Easement Area,
etc.). 4 
(b) Buyer. At the Closing, Buyer shall deliver to Seller: (i) The Purchase Price; and (ii) Such other documents as the Title Company may request in order to close this Contract and issue
the Title Policy. 7.3 Property Taxes. Seller shall assume the obligation to pay property taxes and assessments for the current year 2002 without proration. 7.4 Possession. At Closing,
Seller shall deliver possession of the Property to Buyer. Possession ofthe Easement Area by the Town ofAddison shall be as set forth and in accordance with the Temporary Construction
Easement. 7.5 Costs of Closing. Buyer shall pay all recording fees attributable to the transfer of title to the Property and the conveyance ofthe Temporary Construction Easement and
all of the closing or escrow fees ofthe Title Company. Each party shall pay its own attorneys' fees and expenses. ARTICLEVIll Post-Closing Obligations 8.1 Access. Buyer and Seller hereby
agree that Seller shall have a single point of ingress and egress between the Remainder Tract and the completed Arapaho Road Phase III Extension (the Access) which shall be located at
or about that location shown on the preliminary drawing of the associated improvements attached hereto as Exhibit F. Buyer shall provide all necessary engineering and construction improvements
in connection with the access curb cut and the associated improvements; provided, however, that matters related to the Access, including, without limitation, the location of the Access
and its dimension, may be adjusted, modified, reconfigured or otherwise altered in the sole discretion of the Town of Addison after notice to Seller. This provision shall not be interpreted
to limit the authority of the Town with respect to the design or use of its streets. ARTICLE IX Defaults and Remedies 9.1 Seller's Defaults; Buyer's Remedies. In the event that Seller
should fail to consummate the transaction contemplated herein for any reason, except Buyer's default, Buyer, as its sole and exclusive remedy, may either: (i) terminate this Contract
by written notice delivered to Seller on or before the Closing Date, or (li) enforce specific performance of this Contract against Seller requiring Seller to convey the Property and
the Temporary Construction Easement to Buyer. Buyer shall also be entitled to pursue condemnation of the Property and the Temporary Construction Easement. 9.2 Buyer's Default; Seller's
Remedies. In the event that Buyer should fail to consummate the transaction contemplated herein for any reason, except default by Seller or the nonsatisfaction of any of the conditions
to Buyer's obligations, set forth herein, Seller, as its sole and exclusive remedy, may terminate this Contract by written notice delivered to Buyer on or before the Closing Date. 5

ARTICLE X Miscellaneous 10.1 Notices. All notices, demands, requests, and other communications required or permitted hereunder shall be in writing, and shall be deemed to be delivered,
upon the earlier to occur of (a) actual receipt, and (b) upon the deposit ofthe original in a regularly maintained receptacle for the United States mail, registered or certified, postage
prepaid, addressed as follows: Seller: Buyer: The Town ofAddison P.O. Box 9010 5300 Belt Line Road Addison, Texas 75001-9010 Attn: Carmen Moran With a copy to: Angela K. Washington Cowles
& Thompson, P.C. 90 I Main Street, Suite 4000 Dallas, Texas 75202 10.2 Governing Law. This Contract is being executed and delivered, and is intended to be performed in the State of Texas
and the laws of Texas govern the validity, construction, enforcement, and interpretation ofthis Contract. 10.3 Entiretv and Amendments. This Contract embodies the entire agreement between
the parties and supersedes all prior agreements and understandings, if any, relating to to the Property, the Temporary Construction Easement, and other matters set forth herein, and
may be amended or supplemented only by an instrument in writing executed by the party against whom enforcement is sought. 10.4 Parties Bound. This Contract is binding upon and inures
to the benefit of Seller and Buyer, and their respective heirs, personal representatives, successors, and assigns. 10.5 Further Acts. In addition to the acts and deeds recited in this
Contract and contemplated to be performed, executed, andlor delivered by Seller to Buyer, Seller and Buyer agree to perfunn, execute, andlor deliver or cause to be performed, executed,
andlor delivered at the Closing or after the Closing any and all further acts, deeds, and assurances as are reasonably necessary to consurmnate the transactions contemplated hereby.
10.6 Survival. Except as otherwise provided herein, all warranties, representations and agreements contained herein shall survive the Closing hereof. 6 
10.7 Couuterpart Execution. This Contract may be executed in several counterparts, each of which shall be fully effective as an original and all of which together shall constitute one
and the same instrument. 10.8 Assignment. Buyer shall have no power or right to assign this Contract without the prior written consent of Seller. 10.9 Mainteuance oftbe Property. Between
the Effective Date and the Closing, Seller shall: (a) Maintain the Property in good repair, reasonable wear and tear accepted, except that in the event of a fire or other casualty, damage
or loss, Seller shall have no duty to repair said damage other than as provided in this Contract; (b) Advise Buyer promptly of any litigation, arbitration or administrative hearing concerning
or effecting the Property ofwhich Seller has knowledge or notice; (c) Immediately notifY Buyer of any material injury or damage to the Property or any portion thereof; (d) Not, without
the prior written consent of the Buyer, create, place or permit to be created or placed, or through any act or failure to act, acquiesce in the placing of, or allow to remain, any deed
of trust, mortgage, voluntary or involuntary lien, whether statutory, constitutional or contractual (except for the lien for ad valorem taxes on the property which are not delinquent)
security interest, encumbrance or charge, or conditional sale or other title retention document, other than the Permitted Exceptions for matters that will be released or bonded around,
at or prior to Closing, and should any ofthe foregoing become attached hereafter in any manner to any part of the Property without the prior written consent ofBuyer, Seller shall cause
the same to be promptly discharged and released; and (e) Not and shall use best efforts not to allow and permit the release of Hazardous Materials of any kind in, under, or above the
improvements or into or onto the surface water, ground water, soil or subsurface ofthe Property. Executed: _____--', 2002 SELLER: Heritage Inn Number XIII, Limited Partnership By: Midwest
Midwest Heritage Inn, Inc., its General Partner By: Gary Tharaldson, President Executed: _____-', 2002 BUYER: Town ofAddison, Texas 􀁂􀁹􀀺􀀺􀀵􀁾􀀠􀁾􀁷􀁵􀁫􀀺􀀽􀀩 Ron tehead, CIty Manager
7 
EXHIBIT A 'PROPERTY DESCRIPTION.' BEING a Iract ofland lil"tlated mille Ed\lfilfd 􀁃􀁯􀁯􀁾􀀠S\,!rvcy, A!>I!ract No, 326, Dalles County, Texas, said Ifact being a part oflhe Addison Reotaurant
Park, an Addition in the City Ilf.Addison, Teus 􀁡􀁾􀀠recorded in 'Volume 88066, Page 4219, Map Records, Dallu County, Texas, and. being more pariieularly described es foHows: '" COMMENCING
at a \1,' iron rod fouad at the 􀀡􀀢􀁯􀀬􀁦􀁬􀁨􀁾􀀠corner of􀁁􀁤􀁾􀁩􀁳􀁯􀁮􀀠Oaks Addition, Lot J, an Addition in the City of Addison as rocorded in Volume 90012, Page 337S, Map Records:
Dallas Coumy, Texas,said iron rod also being :;jlullled in the West line or Lot I, Block I, of Bellwood Reservoir AddilloEl, an adQilion in the City o(AddilQn as rOCOrlfed in 􀁖􀁯􀁊􀁾􀁭􀁥􀀧􀀹􀀰􀀨􀁪􀀱
􀀲􀀬􀀠Pase)386, Map Records, Dallas County. Texas. said ,irop rod Jurther"being N 00' 􀁾􀀳􀀧􀀠00' E, a 􀁾􀁩􀁓􀁬􀁬􀁬􀀯􀁬􀁣􀁥􀀠of 400.34 feet 'frnm !he Holth line ofseltline-ROaQ (8 100'
ROW); , I' ;!. THENCE: N 00' 4)' E; a distincc of,70,S5 feel 10 a11,' iron rtJd set 'for corners and being the TR,lI;: PLACE OF BEGINNING: ' .. THENCE: 'N 89' SI' 0.1" W, I 􀁤􀁾􀁴􀁬􀁬􀀱􀂫􀀠009':64
to 11 'I,' iron rod ;el in the East Une of Lot I, AddisOn Qaks'Addition, l!!I addition'in'the City of'Addisoit:as retarded in Volimie 89166, Page 1974, Map'Records, DallasCowlty, 􀁔􀁾􀀺􀀠'
' THENCE,: N00" OS' S9" Ii, a diSWIee of 21 SO feel along !he Bast 􀁬􀁩􀁮􀁥􀁾􀁦􀀧􀁾􀀱􀀠I, AddisooOak, Addition 10 a V;' iron rod found IU the Nonheast,corner ,of said Lol I, Addison
Oaks Addition: ,. , ..' , THENCE: N 89' 51' 01' W • .II/OQg tbeNarlh tine afLoI I, Addison Oaks Addition 300,00 feet to a y,' 􀁾􀁯􀁮􀀠rod.fwnd in the Eui'llne 􀁯􀁦􀁒􀁯􀁾􀁹􀀱􀁮􀁮􀁾􀁤􀁤􀁩􀁴􀁩􀁯􀁑􀀮an
m:!dition in,flu; City of Addison; as reCorded in VOlume 81052, Pige 715, Map Records, DallAs County, Tcxll!; • .;., * • THENCE: N00' OS' 59' W􀁩􀁾􀁾􀁴􀁨􀀻􀁾􀀬􀀺􀁉􀁩􀁮􀁥􀀮􀁯􀁦􀀡􀁨􀁥􀀠Roadway
Inn Additien, a di$18nce nf 221.05 feet to the NonheUl Come{of HId 􀁁􀁤􀁤􀁬􀀡􀁩􀀨􀁬􀁾'&40 being ill.thi: South ROW line ofAJapaho Road (a a 60' ROW); ",, TiiENCE: N 80' 21' 90' 'i?:;
􀁦􀁜􀁬􀁩􀁧􀁩􀁬􀁮􀁾􀀠of520,99'aiong tbe South'ROW line of Arlljlaho 􀁒􀁾􀁡􀁤􀀠10 A 111" iron ro<I $¢l for angle; ','. " , THENCE: N W 53' 00' E, along the South line ofArapaho·Road. a
distance of 177 16 feet to.l SIS" iron rtJd fOllnd for comers,in the 􀁗􀁾􀁳􀁴􀀠line oflleltwiJoo Reoervoir,Addiliori;" , THENCE S,00' 43'00' W. along the)Vest line,of said f,ldlwood
􀁾􀁯􀁩􀁲Addition, a dinlllce of 􀀧􀁬􀁾􀀬􀀱􀀶􀀠feet to.the, 􀁐􀁾􀁁􀁃􀁅􀀠OF BEqrNN!NG and CoatLining 4.1 SlS ll)reS 􀁯􀁾􀀠land 􀀹􀁾􀀰􀁦􀀸􀀠00015 
EXHIBITB Parcel 5 Field Note Description Arapaho Road Project Town of Addison Dallas County, Texas BEING a description of a 0.5792 acre (25,228 square foot) tract of land situated in
the Edward Cook Survey, Abstract Number 326, Town of Addison, Dallas County, Texas, and being a porti9n 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 the Deed Records of Dallas County, Texas, also being a portion of Addison Restaurant Park, a addition to the Town of Addison,
dated March 9, 1988 and recorded in Volume 88066, Page 4219 of said Deed Records, said 0.5792 acre tract of land being more particularly described by metes and bounds as follows; BEGINNING
at a 5/8 inch iron rod found for the common Northeast corner of said called 4.1525 acre tract, Southeast corner of a 60 foot wide right of way dedication as evidenced by the said plat
of Addison Restaurant Park, and Northwest corner of Lot 1, Block A of Beltwood Reservoir, an addition to the Town of Addison as evidenced by the plat dated August 2, 1989 and recorded
in Volume 90012, Page 3386 of said Deed Records, said point also being in the West line of a called 19.01 acre tract of land conveyed to the City of Dallas as evidenced by deed dated
August 5, 1958 and recorded in Volume 4942, Page 629 of said Deed Records; THENCE, SOUTH 00"12'19-WEST (called South 00°43'00" West), along the common East line of said called 4.1525
acre tract and 􀁗􀁾􀁳􀁴􀀠line of said called 19.01 acre tract, a distance of 21.00 feet to a 5/8 inch iron rod set in a curve of the proposed South right of way line of Arapaho Road;
THENCE, SOUTHWESTERLY, departing said common line and along the proposed South right of way line of Arapaho Road and the arc of a non-tangent curve to the right having a radius of 1,177.92
feet, a central angle of 19°35'42", a chord bearing South 80" 13' 20" West for 400.88 feet, for an arc distance of 402.84 feet to a 5/8 inch iron rod set for the point of tangency of
said curve; Page 1 of 3 
PARC£L 5 -ARAPAHO ROAD PROJ£CT THENCE, NORTH 89°58'49 WEST, continuing along said proposed South right of way line of Arapaho Road, a distance of 305.09 feet to a 5/8 inch iron rod set
in the common West line of said called 4.1525 acre tract and East line of a called 4.9814 acre tract of land conveyed to Motel 6 Operating L. P. by the deed dated February 1, 1990 and
recorded in Volume 90024, Page 0779 of said Deed Records, same being all of Rodeway Inn, an addition to the City of Addison, as evidenced by the plat dated January 16, 1981 and recorded
in Volume 81052, Page 0775 of said Deed Records; THENC£, NORTH 00°24'10" W£ST (called North 00°08'59" West), departing said South right of way line of Arapaho road and along said common
line, a distance of 20.97 feet to a 5/8 inch iron rod with cap found for the common Northeast corner of said called 4.1525 acre tract, Northwest corner of said called 4.9814 acre tract
and Southwest corner of said 60 foot wide right of way dedication; THENCE, NORTH 85'49' 17" EAST EAST (called North 86°21' 00" East), departing said common line and along the common
North line of said called 4.1525 acre tract and South line of said 60 foot wide right of way dedication, passing at a distance of 397.14 feet a 􀀵􀀯􀁾􀀠inch iron rod found, continuing
for a total 􀁤􀁩􀁾􀁴􀁡􀁮􀁣􀁥􀀠of 533.12 feet (called 526.99 feet) to a 5/8 inch iron rod set for an angle point; THENCE, NORTH 80°11'36" EAST (called North 80°53'00" East), continuing
along said common line, a distance of 171.17 feet <called 177.16 feet) to the POINT OF BEGINNING; CONTAINING an area of 0.5792 acres or 25,228 square feet of land within the metes recited.
. . Page 2 of 3 
" EXHIBITB PARCEL 5 -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. 􀁾􀀮􀁴􀀬􀀦􀀢􀀬􀁾􀁊􀀩􀀠􀀯􀁾􀀭􀁲􀁲􀁾􀁒􀀮􀀠S
andhu, R.P.L.S. Texas Registration No. 2910 Page 3 of 3 
EXIllBITC Parcel 5-TE Field Note Description Arapaho Road Project Town of Addison Dallas County, Texas BEING a description of a 0.0813 acre (3,539 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 4.1525 acre tract of land as conveyed to Heritage Inn Number XIII
on January 24, 1997 and recorded in Volume 97018, Page 00073 of the Deed Records of Dal County, Texas, also being a portion of Addison Restaurant Park, a addition to the Town of Addison,
dated March 9, 1988 and recorded in Volume 88066, Page 4219 of said Deed Records, said 0.0813 acre tract of land being more particularly described by metes and bounds as follows; COMMENCING
at the common Northeast corner of said called 4.1525 acre tract, Southeast corner of a 60 foot wide right of way dedication as evideflced by the said plat of Addison Restaurant Park,
and Northwest corner of Lot 1, Block A of BeltwooQ Reservoir, an addition to the Town of Addison as evidenced by the plat dated August 2, 1989 and recorded in Volume 90012, Page 3386
of said Deed Records, said point also being in the West line of a called 19.01 acre tract of land conveyed to the City of Dallas as 􀁥􀁶􀁩􀁾􀁥􀁮􀁣􀁥􀁤􀀠by deed dated August 5, 1958 and
recorded in Volume 4942, Page 629 of said Deed Records; THENCE, SOUTH 00°12' 19" WEST (called South 00°43'00" West), along the common East line of said called 4.1525 acre tract and West
line of said called 19.01 acre tract, a distance of 21.00 to a point in a curve of 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°12'19" WEST (called South 00°43'00" West), departing said proposed South right of way line of Arapaho Road and continuing along said common
line, a distance of 5.31 feet to a point for the beginning of a non-tangent curve to the 􀁾􀀠-. right; f···· THENCE, SOUTHWESTERLY, departing said common line and along the arc of said
curve curve to the right having a radius of 1,182.92 feet, a central angle of 19°30'28", a chord bearing South 80°15' 57" West for 400.81 feet, for an arc distance of 402.75 feet to
the point of tangency of said curve; 
EXHlBITC PARCEL 5-TE -ARAPAHO ROAD PROJECT THENCE, NORTH 89 0 58' 49 WEST, a distance of 305.05 feet to a point in the common West line of said called 4.1525 acre tract and East line
of a called 4.9814 acre tract of land conveyed to Motel 6 Operating L. P. by t.he deed dated February 1, 1990 and recorded in Volume 90024, ['age 0779 of said Deed Records, same being
all Rodeway Inn, an addition to the City of Addison, as evidenced by the plat dated January 16, 1981 and recorded in Volume 81052, Page 0775 of said Deed Records: THENCE, NORTH 00°24'
10" WEST (called North 00·08' 59" West), along said common line, a distance of 5.00 feet to a point 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 305.09 feet to the point of curvature of a tangent curve to the left: THENCE,
NORTHEASTERLY, continuing along said proposed South right of way line of Arapaho Road and the arc of of said curve to t:he left having ;; radius of 1,177.92 feet, a central angle of
19°35'42", a chord bearing North 80"13'20" East for 400.88 feet, for an arc distance of 402.84 feet to the POINT OF BEGINNING; CONTAINING an area of 0.0813 acres or 3,539 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, ['age 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. tai K. g;;, +n.. 7-t:l.
t, -c I Ay b R. Sandhu, R.P.L.S. Texas Registration No. 2910 Page 2 of 2 
EXHIBITD After Recording Return To: Angela K. Washington STATE OF TEXAS § Cowles & Thompson, P.C. § 901 Main Street, Suite 4000 COUNTY OF DALLAS § Dallas, Texas 75202 RIGHT-OF-WAY DEED
DATE: _________, 2002 GRANTOR: HERlTAGE INN NUMBER XIII, LIMITED PARTNERSHIP GRANTEE: TOWN OF ADDISON, TEXAS 5300 Belt Line Road Addison, TX 75001 (Dallas County, Texas) CONSIDERATION:
One Hundred Seventy-Eight Thousand Five Hundred Forty-Two DOLLARS AND Noll 00 ($178,542.00), in hand paid by Grantee, the receipt and sufficiency of which is acknowledged by. Grantor.
PROPERTY (INCLUDING ANY IMPROVEMENTS): A tract of land, herein referred to as Parcel 5, containing approximately 25,228 square feet ofland, and more particularly described in Exhibit
A (parcel 5 Field Note Description), and depicted on Exhibit B (Parcel 5 Survey Depiction), which are attached hereto and incorporated herein by reference. CONVEY ANCE: For the consideration
described above, Grantor hereby grants, sells, and conveys to Grantee the Property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have
and to hold it to Grantee, Grantee's heirs, executors, administrators, successors, and assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, successors,
and assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and forever defend all and singular the Property to Grantee and Grantee's
heirs, executors, administrators, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof. MISCELLANEOUS: (a) Nothing in this
instrument shall be construed as a waiver by Grantee of any utility connection charge or other charges imposed by ordinance or Charter of the Town of Addison. WARRANTY DEED (Heritage
Inn Number XIII) -Page 1 
EXHIBITD (b) The Property hereby conveyed may be used as a public right-of-way for the passage of vehicular and pedestrian traffic, including (without limitation) streets, roads, sidewalks,
utilities, drainage, and other customary uses of public right-or-way. Improvements may be on such grade and according to such plans and specifications as will, in the opinion of Grantee,
best serve the public purpose. (c) The consideration described above shall be deemed full compensation for the conveyance of the Property, and for any diminutiori in value that may result
to the remaining property of Grantor by virtue of Grantee's use of the Property. (d) When the context requires it, singular nouns and pronouns include the plural. EXECUTED effective
as of the day first written above. Heritage Inn Number XIII, Limited Partnership By: Midwest Heritage Inn, Inc., its General Partner By: ____________________________ PrintName: ______________________
______ __ Print Title: _______________ STATE OF__􀁾_____ § § COUNTY OF _____________ § Before Me, the undersigned notary public in and for said county and state, on this ___ day of ,2002,
personally appeared ________--,----,--_---:--' _____________________ of Midwest Heritage Inn, Inc., known to me to be the identical person who executed the within and foregoing document,
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. Notary Public, State of ________.,-PrintName: ____________ My Commission Expires: [SEAL] WARRANTY DEED (Herilage Inn Number
XIII) -Page 1 
EXHIBITE TEMPORARY CONSTRUCTION EASEMENT STATE OF TEXAS COUNTY OF DALLAS § § § KNOW ALL MEN BY THESE PRESENTS THAT HERITAGE INN NUMBER XIII, LIMITED PARTNERSHIP, a North Dakota Partnership,
hereinafter called GRANTOR, for and in consideration of the sum of ONE DOLLAR ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
does by these presents grant, sell and convey to the Town of Addison, hereinafter called GRANTEE of the County of Dallas and State of Texas, a temporary easement and right of passage
in, on, over, across, along, under and through a portion (the "Easement Area") of GRANTOR'S property, which easement and right of passage is shown and depicted on Exhibit B, attached
to and incorporated herein; for the purpose of constructing a roadway to be known as Arapaho Road. The Easement Area is described as follows: See attached Exhibit A (Field Note Description
for Parce15-TE), which is made a part of this easement as if fully copied herein. This temporary construction easement shall only be used by GRANTEE and its contractors in connection
with the construction of a public right-of-way adjacent to the Easement Area. GRANTEE shall restore the Easement Area to the condition that existed before the construction of the roadway.
This temporary easement shall terminate 24 months from the date of the Notice to Proceed with construction under the construction contract for the roadway adjacent to the Easement Area,
or upon completion ofthe construction of the portion of the roadway adjacent to the Easement Area, whichever is earlier. TO HAVE AND TO HOLD unto the Town of Addison, Texas as aforesaid,
for the . purposes and on the conditions setforth hereinabove, the easement and Easement Area described above. Grantor binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and defend all and
singular the Easement Area to Grantee for the duration and purposes set out herein against every person whomsoever lawfully claiming or to claim the same or any part thereof. EXECUTED
this ____ day of_______---', 2002. GRANTOR Heritage Inn Number XlII, Limited Partnership By: Midwest Heritage Inn, Inc., its General Partner By: 􀁐􀁲􀁩􀁮􀀭􀁴􀁎􀁾􀁡􀁭􀀭􀀭􀁥􀀭􀀺􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭
􀀭Print Title: TEMPORARY CONSTRUCTION EASEMENT PARCEL5·TE Oo.::illt\(IIllt-1016916 
EXHIBITE STATE OF _______ § COUNTY OF ______ § . BEFORE ME, the undersigned notary public in and for said county and state, on this ,...--__ day of , 2002, personally appeared -,--,-,--_-:-:
__:------:-_____ known to me to be the identical person who executed the within and foregoing document, 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, State of __________ Print Name: MY COMMISSION EXPIRES: [SEAL] TEMPORARY CONSTRUCTION EASEMENT PARCELS-TE DocIunenI'"
1016976 
\ ...-----L------1-􀁾􀁯􀀠------------------------------____________􀁊􀀳􀁾􀁾􀁾􀂷􀁔􀁾􀁒􀁾􀁭􀁾􀁓􀁾􀁉􀁔􀁾􀁉􀁾􀁾..... 􀁾􀀠􀀭􀁾􀀮􀀠, I o f"· . 
.L PROPOSED ROW, _-'-----.7__ -..... ---... ---􀁾􀀮􀁲􀀠__ '" ) ...􀁾􀀠//--i -----EXISTING ROW ... ..---: ------HERITAGE II'fI 􀀮􀁾􀀭EXHIBITF 􀁾􀀠I. 400'lo£tHAN.ltS· TRANSITION, BEGINNING
AT END 0: THE BRIDGE. TRANSITION CARRt£S THROOGH THE tGlANi SO THAT 20:'1'($ fo£OlAN AT FULL 16'WIDTH. 2. M$HTO (20011 REQUIRES 360' ACCElERATION ....,' LENGTH F'CA A O£SIGN SPEED (If
40 wtt AT A STeP 􀁃􀁏􀁎􀁄􀁉􀁔􀁉􀁾􀀮􀀠LECEND 􀁣􀀺􀁊􀁐􀁾PAVING 􀁾BRIOOE BY OTHERS MUPNiO RO.tD PH 3 I£RITNJE. 􀁉􀁾􀀠PRa>OSED DESIGN IoLTERNATlVE 6 IoLIGNIo£NT CHANGE WITH IoEDIAN TAPER
1Hl 394' 􀁾􀁒􀁁􀁔􀁉􀁏􀁎􀀠LANE ...... I 
OFFICE OF THE CITY MANAGER (!I71) 450-7000' FAX (971) 450·7943 i!!i!!!iiii!!iiiil!!!ii!!!!i!!!!!!!!I!!i!® Post Office Box 9010 Addison. Texas 􀀷􀀵􀀰􀀰􀀱􀁾􀁾􀀩􀀨􀁕􀁏􀀠S300 Belt Line Road
September 17,2002 Mr. Randy Lee Vice President Accor Economy Lodging 14651 Dallas Parkway, Suite 500 Dallas, Texas 75254 RE: 4301 Belt Line Road, Roadway Inn Addition Edward Cook Survey,
Abstract No. 326 . Dear Mr. Lee: On August 27, 2002, the Town of Addison authorized condemnation of the above-referenced property. A copy of the condemnation resolution is enclosed.
As stated in my June 26, 2002 letter, the Town's final offer for the purchase of the property is $332,795.00. If you wish to accept this offer, please let us know by September 27, 2002.
Ifwe do not hear from you by September 27,2002, we will proceed to file an action in condemnation. . Very truly yours, Ron Whitehead City Manager for the Town of Addison Enclosure 
TOWN OF ADDISON, TEXAS RESOLUTION NO. R02-079 A RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF ADDISON, TEXAS DETERMINING THE NECESSITY OF ACQUIRING THE HEREINAFTER DESCRIBED REAL PROPERTY
OWNED BY MOTEL 6 OPERATING, L.P., ET AL. AND AUTHORIZING ITS CONDEMNATION AND/OR APPROPRIATION FOR PUBLIC USE IN CONNECTION WITH THE REALIGNMENT AND EXTENSION OF ARAPAHO ROAD IN ADDISON,
TEXAS. BE IT RESOLVED BY THE CITY COUNCIL OF THE TOWN OF ADDISON, TEXAS: SECTION 1. That for the purposes of this Resolution, the following definitions of terms shall apply: "PROPERTY":
The areas described in Exhibit "A" attached hereto and made a part hereof for all purposes. "PROPERTY INTEREST": Fee simple title to the land described in Exhibit "A" attached hereto
and incorporated herein. "PROJECT": Realignment and extension of Arapaho Road, Addison, Texas. "OFFER AMOUNT":Three Hundred Thirty Two Thousand Seven Hundred and Ninety Five and Noll
00 Dollars ($332,795.00). "OWNERS": Motel 6 Operating, L.P. Motel 6 G.P., Inc., general partner partner of Motel 6 Operating, L.P. Georges Le Mener, individually and as officer of Motel
6, G.P., Inc. "TENANTS/OWNERS": jojos Restaurants, Inc. SECTION 2. That . it is hereby determined that public convenience and necessity requires that the Town of Addison should acquire
the PROPERTY INTEREST in, over, and across the PROPERTY necessary for the .PROJECT. SECTION 3. That the PROPERTY is hereby determined to be necessary for the PROJECT. That for the purpose
of acquiring the PROPERTY INTEREST in, over, and across the PROPERTY, the City Manager, or such employee as he may designate, is hereby authorized and directed to offer the OFFER AMOUNT
as OFFICE OF THE CITY SECRETARY R02-079 
payment for the PROPERTY to be acquired and full damages allowable by law, which amount represents its fair cash market value. SECTION 4. That the Town of Addison determines to appropriate
the PROPERTY INTEREST in, over, and across the PROPERTY for the PROJECT under the laws of the State of Texas and the provisions of the Charter of the Town of Addison. SECTION 5. That,
in the event the OWNERS accept the OFFER AMOUNT as authorized herein, the City Finance Director be and is hereby authorized to draw a check in favor of the OWNERS named above, or the
current owners of record, in the OFFER AMOUNT. SECTION 6. That the City is to have possession of the PROPERTY on closing; and the City will pay any title expenses and closing costs;
and the City will pay court costs as may be assessed by the Special Commissioners or the court. SECTION 7. Should the employee designated to make the official offer report to the City
Attorney that the OWNERS have refused to accept the OFFER AMOUNT as compensation for the hereinabove hereinabove described taking from the OWNERS under the laws of eminent domain, which
amount the City Council deems to be the fair cash market value and all just compensation, in compliance with the laws of the State of Texas, this will be evidence that the Town of Addison
cannot· agree with the OWNERS as to the damages legally allowable by law. In such case, the City Attorney is authorized and directed to file the necessary suit and take the necessary
action for the prompt acquisition of the PROPERTY in condemnation or in any manner provided by law .. SECTION 8. That in the event the Special Commissioners in Condemnation appointed
by the court return an award that is the same amount or less that the OFFER AMOUNT, the City Finance. Director is hereby authorized to issue a check not to exceed the amount of the Commissioners'
award made payable to the County Clerk of Dallas County to be deposited into the registry of the court to enable the City to take possession of the PROPERTY without further action of
the City Council. SECTION 9. That in the event it is subsequently determined that additional persons other than those named herein have an interest in the PROPERTY, then the City Attorney
is authorized and directed to join said parties as defendants in said condemnation suit. SECTION 10. That this resolution shall take effect immediately from and after its passage, as
in the Charter in such cases is made and provided. OFFICE OF TH E CITY SECRETARY R02-079 
DULY PASSED BY THE CITY COUNCIL OF THE TOWN OF ADDISON, TEXAS, this the 27th day of August 2002. Mayor ATTEST: City Secretary \ OFFICE OF THE CITY SECRETARY R02·079 
' "EXHIBIT A" Parcel 6 Field Note Description Arapaho Road 􀁐􀁾􀁯􀁪􀁥􀁣􀁴􀀠 Town of Addison Dallas Countyp Texas BEING a description of a 0.6430 acre (28,008 square foot) tract of land
situated in the Edward Cook Survey, Abstract Number 􀁾􀀲􀀶􀀬􀀠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 9P024, ) 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 Area Rapid Transit Property Acquisition Corporation (herein referred to as DART) on December' 27,. 1990 and recorded in· Volume 91008, Page Ij90 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°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: Page
Page 1 of 3 
PARCEL 6 -ARAPAHO ROAD 􀁐􀁾􀁏􀁊􀁅􀁃􀁔􀀠THENCE, EASTERLY t continuing along· said common line and along the arc of said curve to the left having a·radius of 2,914.79 feet, a central 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 common 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 9·7018, Page 00073' bf said Deed Records, said called 4.1525 acre tract bei!)g a portion of Addison Restaurant Park, a addition to the Town of" Addison,
dated March 9, 1988 and recorded in Volume 88066, Page 􀀴􀀲􀀱􀁾􀀠of said Deed Records; ) THENCE, SOUTH 00"24'10" EAST (called South 00"27'09" East), departing said cornmon line· and
along the common 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; THENGE, NORTH 89" 58' 49" . WEST, depar'ting said common 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 common West line of said called 4.9814 acre tract and East line of said called 3.334 acre tract; THENCE, NORTH 􀀰􀀰􀀰􀀳􀁬􀁾􀀠18" WEST (called North
00"28' 23" West), departing said line and along the said common 􀁴􀁾􀁥􀁳􀁴􀀠line of said called 4.9814 acre tract and East line of said called 3.334 acre tract, a distance o.f 19.13
feet to a 1/2 inch' iron rod found for a common 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 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 0 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 Z of 3 
PARCEL 6 -ARAPAHO ROAD PROJECT CONTAINING an area of 0.6430 acres or 28, OOB 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. 􀁾􀁾􀁾􀁾􀀠􀁾􀀭􀀼􀁨􀀠-;/-/:{-"17 Ayu R. Sandhu, R;P.L.S. Texas Registration No. 2910 Page 3 of 3 
OFFICE OF THE CITY MANAGER (972) 450-7000' FAX (972) 450-7043 􀁾􀁾􀁾􀁾􀁾􀁾􀁾􀁾􀂮􀀠Post Office Box 9010 AddisDDt Texas 75001-9010 5300 !leI! Line Road September 17,2002 Mr. Dale Bullough
Bulloughl Lykos Office Building No.1, L.P. 4101 Centurion Way Addison, Texas 75001 RE: 4101 Centurion Way, Lot 5, Surveyor Addition, Addison West Industrial Park Dear Mr. Bullough: On
August 27, 2002, the Town of Addison authorized condemnation of the above-referenced property. A copy of the condemnation resolution is enclosed. As stated in my June 26, 2002 letter,
the Town's final offer for the purchase ofthe property is $29,357.00. If you wish to accept this offer, please let us know by September 27, 2002. Ifwe do not hear from you by September
27, 2002, we will proceed to file an action in condemnation. Very truly yours, Ron Whitehead City Manager for the Town of Addison Enclosure Oowmellt#: 101m) 
TOWN OF ADDISON, TEXAS RESOLUTION NO. R02-076 A RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF ADDISON. TEXAS DETERMINING THE NECESSITY OF ACQUIRING THE HEREINAFTER DESCRIBED REAL PROPERTY
OWNED BY BULLOUGHlLYKOS OFFICE BUILDING NO.1, L.P., ET AL. AND AUTHORIZING ITS CONDEMNATION AND/OR APPROPRIATION FOR PUBLIC USE IN CONNECTION WITH THE REALIGNMENT AND EXTENSION OF ARAPAHO
ROAD IN ADDISON, TEXAS. BE IT RESOLVED BY THE CITY COUNCIL OF THE TOWN OF ADDISON, TEXAS: SECTION 1. That for the purposes of this Resolution, the following definitions of terms shall
apply: "PROPERTY": The areas described in I::xhibit "A" and Exhibit "B" attached hereto and made a part hereof for all purposes. "PROPERTY INTERESTS": Fee simple title to the land described
in Exhibit "A" attached hereto and incorporated herein. Temporary construction easement in, over and across the land described in Exhibit "B" attached hereto and incorporated herein.
"PROJECT": Realignment and extension of Arapaho Road, Addison, Texas. "OFFER AMOUNT":Twenty Nine Thousand Three Hundred and Fifty Seven and No/100 Dollars ($29,357.00). "OWNERS": Bullough/Lykos
Office Building No.1, L.P. Applied Property Management Co., general partner of Bullough/Lykos Office Building No.1, LP. Thomas J. Lykos, Jr., individually, and as officer of Applied
Property Management Co. "TENANTS/OWNERS": DCB Investment Company "LIENHOLDERS": Kircrow Enterprises, Inc. BankTEXAS, N.A. David F. Weaver, Trustee SECTION 2. That it is hereby determined
that public convenience and necessity requires that the Town of Addison should acquire the PROPERTY INTERESTS in, over, and across the PROPERTY necessary for the PROJECT. "',...,...1
......... _""' .... ,........ ,...., .... -----. -,. 
SECTION 3. That the PROPERTY is hereby determined to be necessary for the PROJECT. That for the purpose of acquiring the PROPERTY INTERESTS in, over, and across the PROPERTY, the City
Manager, or such employee as he may designate, is hereby authorized and directed to offer the OFFER AMOUNT as payment for the PROPERTY to be acquired and full damages allowable by law,
which amount represents its fair cash market value. SECTION 4. That the Town of Addison determines to appropriate the PROPERTY INTERESTS in, over, and across the PROPERTY for the PROJECT
under the laws of the State of Texas and the prOVisions of the Charter of the Town of Addison. SECTION 5. That, in the event the OWNERS accept the OFFER AMOUNT as authorized herein,
the City Finance Director be and is hereby authorized to draw a check in favor of the OWNERS named above, or the current owners of record, in the OFFER AMOUNT. SECTION 6. That the City
is to have possession of the PROPERTY on closing; and the City will pay any title expenses and closing costs; and the City will pay court costs as may be assessed by the Special Commissioners
or the court. SECTION 7. Should the employee designated to make the official offer report to the City Attorney that the OWNERS have refused to accept the OFFER AMOUNT as compensation
for the hereinabove described taking from the OWNERS under the laws of eminent domain, which amount the City Council deems to be the fair cash market value and all just compensation,
in compliance with the laws of the State of Texas, this will be evidence that the Town of.Addison cannot agree with the OWNERS as to the damages legally allowable by law. In such case,
the City Attorney i,s authorized and directed to file the necessary suit and take the necessary' action for the prompt acquisition of the PROPERTY in condemnation or in any manner provided
by law. SECTION 8. That in the event the Special Commissioners in Condemnation appointed by the court return an award that is the same amount or less that the OFFER AMOUNT, the City
Finance Director is hereby authorized to issue a check not to exceed the amount of the Commissioners' award made payable to the County Clerk of Dallas County to be deposited into the
registry of the court to enable the City to take possession of the PROPERTY without further action of the City Council. ' SECTION 9. That in the event it is subsequently determined that
additional persons other than those named herein have an interest in the PROPERTY, then the City Attorney is authorized and directed to join said parties as defendants in said condemnation
suit. SECTION 10; That this resolution shall take effect immediately from and after its . passage, as in the Charter in such cases is made and provided. 
DULY PASSED BY THE CITY COUNCIL OF THE TOWN OF ADDISON, TEXAS, this the 27th day of August 2002. Mayor Town of Addison, Texas ATTEST: Carmen Moran, City Secretary 􀁴􀁺􀀻􀁣􀁊􀁾􀀠. Ken
C. Dippel, City AttorlfeY 
"EXI:llBIT N' 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 II, 1998 and recorded in Volume '98115, ,Page 03999 of the 'Deed Records of Dallas ,c:;ounty, Texas, said called 1.103 acre tract being all of "Lot 5, Surveyo'r 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 fOQt wide railroad right of. way as conveyed' to Dallas. Area Rapid Transit Pr6perty Acquisition Corporation (herein referied 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"iO'16" East a distance of 0.38 feet, said 0.3664 acre tra,ct of land, being more 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 􀀱􀀮􀁾􀀷􀀱􀀳􀀠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 of 3 
PARCEL 11 -ARAPAHO ROAD PROJECT THENCE t NORTH 89"58 t 49<1 WEST t departing said common line and along the proposed South right of 􀁾􀁡􀁹􀁬􀁩􀁮􀁥􀀠of Arapaho Road t 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 3t 1979 and recorded in Volume 79196 t Page 3188 of said Deed Records, said called 4.081 acre tract being all of Lot 3, of the Watson and Taylor Subdivision No. 2t 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 t NORTH 00"06 t 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. Q81 acre tractt 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)t 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 t 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. 􀁾􀁾􀁋􀀮􀁾􀀯􀀭􀁉􀀺􀁬􀀭􀁮
Ay b R. Sandhu, R.P.L.S. 􀁾􀁥􀁸􀁡􀁳􀀠Registration 􀁎􀁾􀀮􀀠2910 .' Page 3 of 3 
"EXHIBIT B" Parcel Il-TE Field Nete Descriptien Arapaho.' Read Preject Tewn ef Addisen Dallas Ceunty,. Texas BEING a descriptien ef a 0.0187 acre (814 square feet) tract ef land 'iituated
in the David Myers Survey, Abstract Number 923, Tewn ef Addisen, Dallas Ceunty, Texas, and being a pertien ef a· called 1.103 acre tract ef land cenveyed to. Bulleugh/Lykes Office Building
No.. 1, L. P. en June 11; 1998 and reccrded in velume 98115, Page 03999 ef the Deed Records of Dallas' County, Texas, '. said called 1.103 acre tract being all of "Lot 5, Surveyer. Addition,
Addiscn West Industrial Park", an additicn to. the Tcwn of Add.isen, as evidenced by the plat dated February 7, 􀀱􀁾􀀷􀀹􀀠and recerded in Volume 79053, Page 0620' cf said Deed Recerds,
said 0.0187 acre tract of land being more particularly described by metes and beunds as fellews; COMMENCING at ·the cemmen Nertheast cerner cf' said called. 1:103 acre tract and Northwest
cerner ef a .cal1ed 1.3713 acre tract ef' land (designated "Tract 1") cenveyed to.' 4125 Centurien Way, L.P. on' Juli.e. 18, 1998 and recerded in. Velume' 9812'1, . Page 00188 ef said
'Deed Reccrds, said cerner being .in the' prepesed .Nerth right ef wClyline cf Arapaho. Read and the Seuth right ef way.line ef a 100 feet wide railrQad right ef way as cemreyed to.
Dallas Area Rapid Transit Preperty Acquisitien 'Corperatien (herein referred to. as DART) en December 27, 1990 and recerded in Velume 91008, Page 1390 ef said Deed Recerds; THENCE, SOUTH
00·08' 05" WEST, departing said lines and aleng the commen East line ef said called 1.103 acre tract and West line ef said called 1.3713 acre tract, a distance of 78.95 feet tea peint
in the propesed Seuth right ef way' line ef Arapaho. Road fer the Nertheast corner and POINT OF BEGINNING ef the herein described tract; THENCE, SOUTH 00·08'05" WEST, centinuing aleng
said commen"line, a distance ef 5.00 feet to. a point fer corner; Page 1 of 2 
PARCEL ll-TE -ARAPAHO ROAD PROJECT THENCE, NORTH 89°58' 49" WE:ST, departing said cornmon line, a distance of 162.76 feet to a point·in tqe common West line, of said called 1.103 acre
tract and E:ast line, of a called 4.081 acre tract of land conveyed to 􀁐􀁵􀁢􀁬􀁩􀁾􀀠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 addi,tion 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; THE:NCE, 'NORTH 00·06' 08" EAST (called North 00·08' 05" East), along the cornmon 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 cornmon 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 '/Jay line ot Centurion Way, called S 89"51'55" E, according to the final plat
of Lot 3, Surveyor Addition, recorde,d 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 Regist'ered 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.
􀁾)(. 􀁾7-026-0 /A b R. Sandhu, R.P.L.S. Texas Registration No. 2910 .' Page 2 of 2 
OFFICE OF THE CITY MANAGER (?'I2) 450-7000. FAX (972) 450-7043 Po,t Office Box 0010 Addison, T ....75001-9010 5300 Belt Lin< Road September 17,2002 Mr. Barry R. Knight Winstead Sechrest
& Minick, P.C. 5400 Renaissance Tower 1201 Elm Street Dallas, Texas 75270 RE: 276 Trust Lot 6, Surveyor Addison to the Town ofAddison (4136 Centurion Way) (the "Property") Recorded in
Volume 79130, Page 2495 in the Deed Records of Dallas County Dear Mr. Knight: On August 27, 2002, the To'Wl1 of Addison authorized condemnation of the above-referenced property. A copy
of the condemnation resolution is enclosed. As stated in my May 9, 2002 letter to your client Gary Crouch, the To'Wl1's fmal offer for the purchase of the property is $112,381.00. If
Mr. Crouch wishes to accept this offer, please let us know by September 27, 2002. If we do not hear from you by September 27, 2002, we will proceed to file an action in condemnation.
Very truly yours, Ron Whitehead City Manager for the To'Wl1 ofAddison Enclosure c: Gene Harris Absolute Systems, Ltd. Ken C. Dippel Angela K. Washington DoCllm<!nUI: 1017915 
TOWN OF ADDISON, TEXAS RESOLUTION NO. R02·078 A RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF ADDISON, TEXAS DETERMINING THE NECESSITY OF ACQUIRING THE HEREINAFTER DESCRIBED REAL PROPERTY
OWNED BY ABSOLUTE SYSTEMS, LTD., ET AL. AND AUTHORIZING ITS CONDEMNATION ANDIOR APPROPRIATION FOR PU.BLlC USE IN CONNECTION WITH nlE REALIGNMENT AND EXTENSION OF ARAPAHO ROAD IN ADDISON,
TEXAS. BElT RESOLVED BY THE CITY COUNCIL OF THE TOWN OF ADDISON, TEXAS: SECTION 1. That for the purposes of this Resolution, the following definitions of terms shall apply: "PROPERTY":
The areas described in Exhibit "A" attached hereto and made a part hereof for all purposes. "PROPERTY INTEREST": Fee simple title to the land described in Exhibit "A" attached hereto
and incorporated herein. "PROJECT": Realignment and extension of Arapaho Road, Addison, Texas. "OFFER AMOUNT":Sixty Two Thousand Three Hundred and Eighty One and Nof100 Dollars ($62,381.00).
"OWNERS": Absolute Systems, Ltd. Juvat, Inc., general partner of Absolute Systems, Ltd. Joyce Harris, individually and as officer of Juvat, Inc. Gene Harris, individually and as officer
of Juvat, Inc. 276 Trust Gary S. Crouch, Trustee "LIENHOLDER": Merrill Lynch Business Financial Services, Inc. David L. Fair, Trustee SECTION 2. That it is hereby determined that public
convenience and necessity requires that the Town of Addison should acquire the PROPERTY INTEREST in, over, and across the PROPERTY necessary for thePROJECT. SECTION 3. That the PROPERTY is hereby determined to be necessary for the PROJECT. That for the purpose of acquiring the PROPERTY INTEREST in, OFFICE OF THE CITY SECRETARY R02-078

over, and across the PROPERTY, the City Manager, or such employee as he may designate, is hereby authorized and directed to offer the OFFER AMOUNT as payment for the PROPERTY to be acquired
and full damages allowable by law, which amount represents its fair cash market value. SECTION 4. That the Town of Addison determines to appropriate the PROPERTY INTEREST in, over, and
across the PROPERTY for the PROJECT under the laws of the State of Texas and the provisions of the Charter of the Town of Addison. SECTION 5. That, in the event the OWNERS accept the
OFFER AMOUNT as authorized herein, the City Finance Director be and is hereby authorized to draw a check in favor of the OWNERS named above, or the current owners of record, in the OFFER
AMOUNT. SEGTION 6. That the City is to have possession of the PROPERTY on closing; and the City will pay any title expenses and closing costs; and the City will pay court costs as may
be assessed by the Special Commissioners or the court. SECTION 7. Should the employee deSignated to make the official offer report to the City Attorney that the OWNERS have refused to
accept the OFFER AMOUNT as compensation for the hereinabove described taking from the OWNERS under the laws of eminent domain, which amount the City Council deems to be the fair cash
market value and all just compensation, in compliance with the laws of the State of Texas, this will be evidence that the Town of Addison cannot agree with the OWNERS as to the damages
legally allowable by law. In such case, the City Attorney is authorized and directed to file the necessary suit and take the necessary action for the prompt acquisition of the PROPERTY
in condemnation or in any manner provided by law. SECTION 8. That in the event the Special Commissioners in Condemnation appointed by the court return an award that is the same amount
or less that the OFFER AMOUNT, the City Finance Director is hereby authorized to.issue a check not to exceed the amount of the Commissioners' award made payable to the County Clerk of
Dallas County to be deposited into the registry of the court to enable the City to take possession of the PROPERTY without further action of the City Council. SECTION 9. That in the
event it is subsequently determined that additional persons other than those named herein have an interest in the PROPERTY, then the City Attorney is authorized and directed to join
said parties as defendants in said condemnation suit. SECTION 10. That this resolution shall take effect immediately from and after its passage, as in the Charter in such cases is made
and provided. OFFICE OF THE CITY SECRETARY R02-078 
DULY PASSED BY THE CITY COUNCil OF THE TOWN OF ADDISON, TEXAS, this the 27!h day of August 2002. '"Mayor ATTEST: City Secretary • 􀁾􀀮􀁲AS TO FORM: 􀂷􀂷􀀯􀁾􀁾􀀠 Ken C. Dippel, City Attorney
OFFICE OF THE CITY SECRETARY R02-078 
''EXJ:IIBIT A" , Parcel 8, Field,Nete Descriptien Arapaho Read,Preject ,Tewn 'ef Addison ,Dallas 􀁾􀁥􀀬􀁵􀁉􀀱􀁴􀁹􀀬􀀠Texas > .. BEING a descriptien i:rf'a 􀀧􀁏􀀮􀀶􀀷􀀰􀁾􀀾􀀠acre '(29',223
square feet) tra,ct of land situated in the W.'H. Witt Survey, Abstract Number 1609, and ,'the David Myers Survey, Abs'tract Number 923'" Tewhef Addisen,' Dallas 'Ceunty, Tex'as, and
being a pertion of a called, 2.,5212 'acre tract of land ""conveyed to. J.'H. Crouch, Jr. and 'do Deris Cr'ouch en August 4,' 1997. and recorded in Velume 97153; Page 03266 of the" Deed
Records' cif Dallas' County, Texas,' sai,d called 2.5212 acre tract being all of "Le,t 6,' Surveyer Additien, Addison West Industrial 􀁾􀁡􀁲􀁫􀀢􀀯􀀢􀀠an addition to the Tewn of AddiSon,
,as, evidenced' by: ,the plat dated March 29, 1979 an¢ recorded in Volume, 79130, ,Page' 2495 of said Deed Records, saic;! 0.6709 acre tract cif land,:being more particularly described
by met'es and beunds a's follo'ws"";, ,,. , ....",. BEGINNING at a 1/2 inch 11=on rod fbund .in' the preposed' North right ef way line 'ef Arapaho. Road and the Seuth right ef 'way line,
o.f a 100 feet wide' 􀁲􀀧􀁾􀁤􀁬􀁲􀁯􀁡􀁤􀀬􀀠right efw1;ly as conveyed ,to Dallas ,Area Rapid' ',Transit, rreperty' "Acquisitien ' Corporation (herein referred to 'as DART) 'en December'
27, '19,90 and recorded ,in 􀀧􀁖􀁥􀁨􀁬􀁉􀁮􀁾􀀠91008" Page 139,0 of ' said Deed Recerds, sa),d point being the commen Northeast:::" cermirs ef said, called 2.5212 acre tract and "Let
6,: Surveycir Additien, ,Addison West Industrial Park", and Nerthwest 􀁣􀁯􀁲􀁮􀁥􀁾􀀠of a called 3.4654 acre tract of land, 25% interest 􀁣􀁯􀁮􀁶􀁥􀁹􀁥􀁤􀁾􀁢􀁹􀀠Epina 􀁾􀁲􀁯􀁰􀁥􀁲􀁴􀁩􀁥􀁳􀀠Limited
to. 15101 Midway Road' Par,tners, LTD. "'on 'December 25, 1998 and recorded' in Velume 98250, Page 02787 ."of said Deed Records, 75% interes.t con-veyed by Lehnderff & Babsen Preperty
Fund, to. 15101 I"iidway Road 'Partners, LTD. en DeceIDber 25, 1998 and recorded in Volume 98250, Page 02796 of said Deed Records, said called 3.4654 acie tract 􀁢􀁾􀁩􀁮􀁧􀀠all of, th';!"'.',
Surveyor Additien, Addisen West Ind\lstiial' 'park, ,an', 'addition"" 'to' 'the' Town" ef" "Addison;' -,'as evidenced" by the plat 􀁤􀁡􀁴􀁾􀁤􀀠'October 24, '1978 'and recerded iIi Velume
79029, Page 0984 of ,sc:dd Deed Records; " .: THENCE, SOUTH 00"07'27" WEST (called Seuth 01)"08' 05" West); departing said lines and 'aleng the common East line' of said called 2.5212
,acre tract ,and West lil")e of said ca"lled 3.4654 acre tract, a distance of 1S.96, feet tci a 5/8 inch 'iron rod set in the proposed South right." of way line of Arapaho Read; ".-:
. " , ,: :.Page 1 of 3 -
PARceL B -ARAPAHO ROAD PROJECT THENCE,',l'lORTH , '89',58'49" , WEST; departing said common line and along the proposed South right 'of way line of 'Arapaho' Road, a distance of 370.10
feet to an' "X" in concrete' set in the common· , West, 'line' of said cailed 2.5212 acre, tract and East line' of a' called 1.776' ,acie' tract of land "conveyed 'to' Michael, B., Schiff
on ' August 31, 1982 and recorded, in ,Volume '82172, Page 2888 of said Deed Records, said called .1.176 acr,e'tract of land being all of Intervest 'Co.mpanies" Addition; an addition,'
to 'the Town of Addison, as evidenced by the' ,plat dated October 29, 1982, and recprded 'in Volume 83017, 􀁾􀁡􀁧􀁥􀀧􀀲􀀲􀀶􀀸􀀠of said Deed Records;. . . , THENCE, NORTH '00',05'03"
EAST (called North 00·OB',05" East}, departing" said, line a'nd along the common Nest ,line of' said called ,2.5212 acre tract'and East line'of said called 1.776 acre tract, a distance
of 78.,95' feet to a S/B inch iron rod, set in the proposed North 'right of way linE? of' 'Arapaho Road Road and 'South., right' of "way' line, of, .said DART railroad ,for, the common
'Northwest 'corner of 'said called 2,5212' acre' tract and Northeast ". 'corner of said called '1. 776 acre tract, from ,said point a found 1/2 incJ:t iron rod' bears 'North 00°08'18"
East, a distance of ,0.24, 􀁦􀁵􀁾􀀻􀀠, , ' , THE:NCE:" 'SOUTH '89,u58t 49" EAST '(Called EAST) ,:departing 'said c' common line' ;Ind, <llong the ,common North line 6f said called 2.5212
acre, tract; ,proposed North right of way line of Arapaho Road, -and South right of way line of said DART railroad, a distance pf 370.15 feet (called 370.00 feet) ,to the PODT'l' 01'
BBGXNNING; , CONTAINING an area of 0.6709 acres or 29,223 square feet of land within the metes r,ecited. Page 2 of 3 OFFICE OF THE CITY SECRETARY RO?·07R 
PARCEL -ARAPAHO ROAD PROJECT All bearings 􀀧􀁾􀁲􀁥􀀠􀁲􀁾􀁦􀁾􀁲􀁥􀁮􀁣􀁥􀁡􀀠to the North Right of Way line of Centuiion Way, called S 89"51'55" E, according to the final 􀁰􀁬􀁡􀁾􀀠of Lot
3, Surveyor Addition', recorded in Vol. 77173, PaQe 135, Deed Records of< Dallas-County,' T!'lxas. ,. . . ". 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 ,her.eon 􀁡􀁾􀁤􀀠the accompanying plat represent· an actual survey made' on the
􀁾􀀺􀁧􀁲􀁯􀁵􀁮􀁤􀀠under my;upervision.. '. 􀁾.. 􀁾􀁊􀀼􀀺􀁾􀀯􀀯􀀭􀀯􀁴􀀡􀀲􀀺..."?r Ayu R., Sandhu, 􀁒􀀮􀁐􀀮􀁌􀀮􀁾􀀮􀀠' Texas Registration No .. .2910 ." . ....... .';' , ; "..__.. -􀀬􀀭􀁾􀁾􀀬􀀭􀀬􀁾􀀭.-
-....... ----..􀁾􀀭􀀭􀀭􀀢􀁾􀀮􀁾􀀠􀁾....-.. ., ._., ... -._-Page 3 of 3 .... " ' -OFFICE OF'THE CITY SECRETARY 
OFFICE OF THE CITY MANAGER (972) 4S()'7090 • FAX (972) 456·7043 􀁾􀁾􀁾􀁾􀁾􀁾􀁾􀁾􀂮􀀠Post om.. Box 9010 Addison, T •••s 75601·9010 5300 B.II Lin. Rood September 17,2002 Mr. Eddie Vassallo,
P.C. Regency Plaza 3710 Rawlins, Suite 1200 Dallas, Texas 75219-4276 RE: 4125 Centurion Way, as Part of David Myers Survey, Abstraei No. 923 Dear Mr. Vassallo: On August 27, 2002, the
Town of Addison authorized condemnation of the above-referenced property. A copy of the condemnation resolution is enclosed. As stated in my June 26 letter to Mr. Dennis Coe with 4125
Centurion Way, L.P., the Town's fmal offer for the purchase of the property is $29,768.00. If your client wishes to accept this offer, please let us know by September 27, 2002. If we
do not hear from you by September 27, 2002, we will proceed to file an action in condemnation. Very truly yours, Ron Whitehead City Manager for the Town ofAddison Enclosure c: Ken C.
Dippel Angela K. Washington I)c:u:lImU!l Ii: 1011899 
TOWN OF ADDISON, TEXAS RESOLUTION NO. R02-077 A RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF ADDISON, TEXAS DETERMINING THE NECESSITY OF ACQUIRING THE HEREINAFTER DESCRIBED REAL PROPERTY
OWNED BY 4125 CENTURION WAY, L.P., ET AL. AND AUTHORIZING ITS CONDEMNATION ANDfOR APPROPRIATION FOR PUBLIC USE IN CONNECTION WITH THE REALIGNMENT AND EXTENSION OF ARAPAHO ROAD IN ADDISON,
TEXAS. BE IT RESOLVED BY THE CITY COUNCIL OF THE TOWN OF ADDISON, TEXAS: SECTION 1. That for the purposes of this Resolution, the following definitions of terms shall apply: "PROPERTY":
The areas described in Exhibit "A" and Exhibit "8" attached hereto and made a part hereof for all purposes. "PROPERTY INTERESTS": Fee simple title to the land described in Exhibit "A"
attached hereto and incorporated herein. Temporary construction easement in, over and across the land described in Exhibit "B" attached hereto and incorporated herein. "PROJECT": Realignment
and extension of Arapaho Road, Addison, Texas. "OFFER AMOUNT":Twenty Nine Thousand Seven Hundred and Sixty Eight and NoI100 Dollars ($29,768.00). "OWNERS": 4125 Centurion Way, L.P. Williams
Winslow, L.L.C., general partner of 4125 Centurion Way, L.P. John A. Winslow, individually, and as Member of Williams Winslow, LL.C. "TENANTSfOWNERS": Harbour Group, Inc. "LIENHOLDERS":
Comerica Bank-Texas John M. Killian, Trustee C. E. Seal, II, Trustee OFFICE OF THE CITY SECRETARY R02-077 
SECTION 2. That it is hereby determined that public convenience and necessity requires that the Town of Addison should acquire the PROPERTY INTERESTS in, over, and across the PROPERTY
necessary for the PROJECT. SECTION 3. That the PROPERTY is hereby determined to be necessary for the PROJECT. That for the purpose of acquiring the PROPERTY INTERESTS in, over, and across
the PROPERTY, the City Manager, or such employee as he may designate, is hereby authorized and directed to offer the OFFER AMOUNT as payment for the PROPERTY to be acquired and full
damages allowable by law, which amount represents its fair cash market value. SECTION 4. That the Town of Addison determines to appropriate the PROPERTY INTERESTS in, over, and across
the PROPERTY for the PROJECT under the laws of the State of Texas and the provisions of the Charter of the Town of Addison. SECTION 5. That, in the event the OWNERS accept the OFFER
AMOUNT as authorized herein, the City Finance Director be and is hereby authorized to draw a check in favor of the OWNERS named above, or the current owners of record, in the OFFER AMOUNT.
SECTION 6. That the City is to have possession of the PROPERTY on closing; and the City will pay any title expenses and closing costs; and the City will pay court costs as may be assessed
by the Special Commissioners or the court. SECTION 7. Should the employee designated to make the official offer report to the City Attorney that the OWNERS have refused to accept the
OFFER AMOUNT as compensation for the hereinabove described taking from the OWNERS under the laws of eminent domain, which amount the City Council deems to be the fair cash market value
and all just compensation, in compliance with the laws of the State of Texas, this will be evidence that the Town of Addison cannot agree with the OWNERS as to the damages legally allowable
by law. In such case, the City Attorney is authorized and directed to file the necessary suit and take the necessary action for the prompt acquisition of the PROPERTY in condemnation
or in any manner provided by law. . SECTION 8. That in the event the Special Commissioners in Condemnation appointed by the court return an award that is the same amount or less that
the OFFER AMOUNT, the City Finance Director is hereby authorized to issue a check not to exceed the amount of the Commissioners' award made payable to the County Clerk of Dallas County
to be deposited into the registry of the court to enable the City to take possession of the PROPERTY without further action of the City Council. OFFICE OF THE CITY SECRETARY R02-077

SECTION 9. That in the event it is subsequently determined that additional persons other than those named herein have an interest in the PROPERTY, then the City Attomey is authorized
and directed to join said parties as defendants in said condemnation suit. SECTION 10. That this resolution shall take effect immediately from and after its passage, as in the Charter
in such cases is made and provided. DULY PASSED BY THE CITY COUNCIL OF THE TOWN OF ADDISON, TEXAS, this the 2ih day of August 2002. Mayor Town of Addison, Texas ATTEST: 􀁃􀁾􀁾􀀠Ken C.
Dippel, City Att ey OFFICE OF THE CITY SECRETARY R02-077 
Parcel 10 Field Note Description Arapaho Road Project Town of Addison Dallas County. Texas BEING a description of a 0.3664 acre (15,960 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. 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 the Deed Records of Dallas County, Texas, said 0.3664 acre tract of land being more particularly de?cribed by metes
and bounds as follows; BEGINNING at an "X" in concrete set in the proposed North tight 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, said point being the. common Northeast corner of said called 1.3713 acre tract and Northwest corner of a called 1. 776 acre tract of land conveyed to. Michael B. Schiff
on August 31, 1982 and recorded in Volume 82172, Page 2888 .of said Deed Records, said called 1. 776 acre tract of land being all of Intervest Companies Addition, an addition to· the
Town of Addis·on, as evidenced by the plat dated October 29, 1982 and recorded in.Volume 83017, Page 2268 of said Deed Records; THENCE, SOUTH 00·08' OS" WEST, departing said lines and
alon·g the commOn East line of said called 1.3713 acre tract and West line of said called 1.776 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; . 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 202.14, feet
to a 5/8 inch iron rod set in the ·common West line of said called 1.3713 acre tract and East line of a called 1.103 acre tract of land conveyed to Bullough/Lykos Office Building No.1,
L. P. on June 11, 1998 1998 and recorded in Volume 98115, Page 03999 of said Deed Records, 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; Page 1 of 2 
PARCEL 10 -ARAPAHO ROAD PROJECT THENCE, NORTH 00·08'05" EAST, departing said line and along the common West line of said called 1.3713 acre tract and East line of said called 1.103 acre
tract, a distance of 78.95 feet to 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 said DART railroad, said point being
the common Northwest corner of said called 1.3713 acre tract and Northeast corner of said called 1.103 acre tract, from said point a 1/2 inch iron rod found bears South 45"10'16" East
a distance of 0.38 feet THENCE:, SOUTH 89°58'49" EAST (called EAST), departing said common -line and along the common North line of -said called 1.3713 acre tract, proposed North right
of way line of Arapaho Road, and South-right of way of said DART railroad, a distance of 202-.14 feet Jcalled 202.11 feet) to the POINT OF BEGINNING; CONTAINING an area of 0.3664 acres
or 15,_960 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.
􀁾􀁾􀀮􀂣􀀮􀀠􀁾11-/01.-1'7 Ay b R. Sandhu, R.P.L.S. Texas Registration No. 2910 i ! Page 2 of 2 
''EXHIBIT B" Parcel 10-TE Field Note Description Arapaho Road Project Town of Addison Dallas County,. Texas BEING a description of a 0.0232 acre (1,011 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. 3713 acre tract of land (designated "Tract 1") conveyed to 4123
,Centurion Way, L.P. on June 18, 1998 and recorded in Volume 98121, Page 00188 of the Deed Records of Dallas County, Texas, said 0.0232 acre tract of land being more particularly described
by metes and bounds as follows; COMMENCING at the common Northeast corner of said called 1.3713 acre tract and ,Northwest corner of a called 1. 776 acre tract of land conveyed to' Michael
B. Schiff on August 31, 1982 and recorded in Volume 82172" Page 2888 of said Deed Records" said called 1. 776' 'acre tract of land, being' all of Intervest' Companies Addition, an, addition
to ,the Town of Addison, ,as ,evidenced by the plat'dated October' 2,9, 19'82' and recorded in ,Volume 83017, Page,226B of 'said Deed Records said corner being in 􀁴􀁨􀁾􀀬􀁰􀁲􀁯􀁰􀁯􀁳􀁥􀁤􀀠North
tight 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'eS" WEST, departing 􀁾􀁡􀁩􀁤􀀠􀁬􀁩􀁮􀁾􀁳􀀠and along
the common Bast line of said called 1.3713 acre tract and West line of said called 1.776 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 BEGINNING of the herein described tract; THENCE, SOUTH 00· OS' 05" WEST, continuing along said common line, a distance of 5.00 feet to a
point for corner; " Page 1 of 2 
PARCEL 10-TE -ARAPAHO ROAD PROJECT THENCE, NORTH 89°58' 49" WEST, departing said common line, a distance of 202.14 feet to a point· in the common West, line of said called 1.3713 acre
tract and East line of a called 1.103 acre tract of land conveyed to Bullough/Lykos Office Building No. I, L.P. on June II, 1998 and recorded in Volume 98115, Page 03999 of said Deed
Records, 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 Volullie 79053, Page 0620 of said Deed Records i THENCE, NORTH 00 °08' 05,' EAST, departing ,said line and along the' coinrnon West line ox said called 1.3713
acre tract and East line of said called' 1.103 acre tract, a distance of 5.00 fee't t.o a point in said proposed South 'right of way line of Arapaho Road; THENCE, SOUTH 89°58' 49" EAST
(called EAST), departing ,said common line 'and along the .said proposed South right of w'ay line of Arapaho Road, a distance of 202.14 feet (called 202.11 feet) to the POINT OF BEGINNING;
CONT1UNING ',an area of 0.0232. acres or 1,011 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. 7.7173, Page 135, Deed Records of Dallas County, Texas. A plat of even survey date herewith accompanies
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. 􀁾􀁾2('. 􀁾􀀷􀀭􀀺􀁺􀀧􀀭􀁃􀀩I 􀁾􀁢􀁊􀁛􀀮􀀠Sandhu, R.P.L.S. Texas Registration No. 2910 " Page 2 of 2 
MEMORANDUM TO; FROM; RE; DATE; Mike Murphy, Director Department of Public Works Angela K. Washington Arapaho and Addison Road Projects September 5, 2002 We discussed this morning altering
the process for acquiring the various tracts involved in the Arapaho and AddisoFl Road Projects. To confinn, the proposed process is as follows: • If a counter-offer is received for
a parcel, staff would examine the offer to determine its acceptability and feasibility. • If the offer is not acceptable or is not feasible, staff would then negotiate with the property
owner and attempt to reach an agreement that is acceptable. • Ifan agreement carmot be reached, our office would prepare a condemnation resolution to be scheduled for Council consideration.
• If an agreement is reached, our office will prepare a contract setting forth the tenns of the agreement. • The contract would then be forwarded to the owner for review with a statement
informing the owner that the agreement is subject to Council approval. • If the owner disagrees with any wording contained in the contract, our office would discuss with staff, or the
owner ifnecessary, wording changes that are acceptable to both parties. • Once the owner signs off on the contract, staff would schedule the agreement for Council consideration. • If
the Council makes changes to the tenns of the contract, the contract would be amended as directed by Council and presented to the owner for acceptance or rejection. Ifyou have any additional
thoughts or comments, please let us know. c: Steve Chutchian Ken DippeJ John Hill 
• t 􀁌􀁦􀁾􀀧􀀿􀀠IDS, Co f; I 'A, 'f. 97. tf.3 :2 I 􀁴􀁦􀁾􀀠7/􀁾􀀠ID r 5'7 􀁾􀀠) I, 1/01 2..1'3 '" 􀁾􀀨􀀮􀁊􀀠 􀀯􀁾􀀠,/0.00 . S'II z:s I 2.. 9<1􀀱􀀩􀁾􀁊􀁉􀀠0"51 • ??S .(1􀀤􀁴􀀻􀀿􀁾􀀠5"t:;
! • B7 "0 Ifl \􀀱􀁉􀁤􀀧􀁏􀁏􀁾􀀮􀁾􀀺􀁴􀀠_ '\ \ \ Q I 2. 􀁲􀁾􀀮􀀠6Q 
t# 􀁉􀁂􀁯􀁮􀁾􀀠Funds Fund Sl'" 5nn 1bonds ill, ,to $1, $294 2' $ !9 Q( '1 .1 556 12 845 1#3 $'!9959 I Nile Ud, Parcel #15 $1 ,3H7 0001 TXU , Parcel #16 $01 To Be , Lincoln Trust· Parcel
#17 $35,019 value Il,etna life ,(" Parcel #18 $66,619 value _, 􀁐􀁡􀁾􀁉􀀣􀁾􀀠$0 􀁁􀁾􀀠II,L,P,Pareel 􀁾􀀽􀀽􀀽􀀽􀀽􀀽􀁴􀀽􀁾􀁾􀁾􀀽􀀽􀁾􀁡􀁬􀁾􀁬􀁾􀁶􀁡􀁬􀁵􀁾􀁥􀀺􀁪􀀠􀀬􀀬􀁾􀁶􀀠,17,173 Pat Hipes&
I cost Audit and Legal Fees Niles Niles I I report ,,,nnl i2,125 $ 070 $11 A?? $51,000 Sub Total Sl4 ??? RRQ nI'I I D i Fee Ir::" IHNTB Urban Design IMetro Brick 􀁐􀁡􀁲􀁣􀁾􀀱􀀠#1 IJoe's
􀁾􀁵􀁴􀁯􀀠Body Pareel #2 1 Road IUnion ! Parcel #3 IThe City of Dallas Parcel #4 ,Inn Parcel #5 II\IIotel6 Parcel #6 115101 Road ,Ud Parcel #7 IJ,H, ,Jr, and [ )ris r Parcel #8 I Schiff
Parcel J9 14125 ( Way 'areel #10 􀁾􀀠i Office No, 1 Pareel #11 (Public 􀁾􀀠of Dallas, Ud. Parcel #12 of Dallas Ud, Parcel #13 'Audi: and Legal Fees Roadway $44,977 t:..&r1AA $813.785
$5100C $1,204,217 I value I value rValue /' by Ken Dippel For cost of ROWand i fees $1150n 000 
000 Bridge Design Streetscape construction Bridge Design Stipend Wye Track Crossing Fee Environmental report for Rail Road Hipes & Associates Pat Haggerty Evaluation Associates Bridge
Pre-Submittal meeting @Stone Cottage Total Expenses "Dart Lap MorriS Road available funds Tolal funds remaining "Dart Lap funds 2001-2003 $500,000 Estimate $1,200,000 Estimate $30,000
$2,500 $1,281 $4,400 $1,785 $17,800 $706 $31,148,158 $3,000,000 $300,000 $5,915,346 
AR.6P41-10 ROta,' MARSH LANE TO ADDISo.... Rb4n !Bond Funds IBond f"uno , \1 I Share) ! II, to ,) '* NileTXU rust Parcel #17 􀁾􀁁􀁥􀁴􀁮􀁡􀀠Life , Parcel #18 AMB ARS Parcel #19 II, L.P,
Parcel #20 I cost lit ana I.E gal f"ees les I repon les I IROW :m;: 'to. n.. ,o ,Fee 1 HN I!:S Urban IMetro tlricK Parcel #1 IJoe's Auto tlooy l-'arCel #,z, ;)UD IOlal ,Road '* union
I . Rai parcel #3 ITlle City Of D, Illas parcel #4 Inn f 'areel #5 1# $20, :j)l,432,!l12 :ji294,124 $66,6 $0 "5978 >17,173 ,000 :ji. ,0001 :j)4,2, ,I)\:!4 $44,977 $813,785 .51,0001 02,061
􀁾􀁻􀀳􀀬􀀲􀁕􀀲􀀠,na !Ii '001 , bonds ro Be [ IMotel Parce 1116 I \ !Ii Cll5!. '" 115101 'Road ,!.td Parcel #lICV' , 􀀭􀁾􀁾!J,H, 􀁾and loris ( Parcel #8 I 􀁾􀁰􀁡􀁲􀁣􀁥􀁬􀀣􀀹􀀠14125 (
Way Parcel #10 ILykos Office , No, 1 Parcel #11 􀁾􀀠or n"I1"" !.td. Parcel #12 􀁾􀀠of n"I1"" Ltd, parcel #13 AUtllt ana Legal Fees Roa I way construction I :;onstruC!lon I 􀁾􀁲􀁡􀁣􀁬􀀯􀁾􀀺􀁥􀁥I
reporl for Rail Road Hipes & Pat I@stone \. Total 􀁾􀀲􀀹􀀬􀀠'68 29 􀀳􀀵􀁾􀀠$1 J64872 Iin #12 :ji11, ,281 785 :j)'1 ( !lUU 7P6 ( :ji2t>, , _ _'-,.' r ___ . value value I value I ! value
I value Value Value i valUe I value ! vaue I value !value !value ! value ! Value 83300 '/'\ , r:" 
• Dart Lap $3,000,000 .' Moms Road available funds $300,000 Total funds remaining $1,163,654 !*Dart Lap funds 2001-2003 7, /f) -l-2 ./(; -' ".\{ Oi\l\ 
" " HIPES & ASSOCIATES REAL ESTATE APPRAISERS/CONSULTANTS OI'I'ICI! ADDIIBSS, 11n RAMAI..RR. JU) ... IIIAlUNO AOOIWIS, LOCI<8OJCU P.O. BOX dCmc D.4f.J...AI. TEXAS 'n'Z31 """"""W<AS __
1:1"739-.594& August 30. 2002 Mr. Steven Z. Cbutchian. P.E. TOWN OF ADDISON 16801 We.stgrove Dr. P.O. Box 9010 Addison. Teow 750.9010 Re, 1.5l11 Addloon Road J.V. -Response Dear Steven:
I have reviewed the documents you fOlWarded to me on 8{29/02 and have formulated the following responses: Century 21 • Judie Fite Company letter The above referenced letter. without
a sale-contract available to evaluate ii's "cash equivalency', represents a shopping list of "what ir, and is of no particular value. However, it represents a lower value tban the sUbject
property appraisal; $775,000 (theirs) vs. $848,389 (ours) for the whole property. Apparently. the potential purchaser alluded to in the Jetter believed that the subject property W88
worth leas than We do. Due to economic events of the previous 18 months and the uncertainty created via the September 11. 2001 incident. property values for this class of commercial
property have generally remained stagnan! in this marlcet area. Joint Venture Rent document Again. aUf figure8 are higher than their figures. There gross rent ligures (before expenses)
are as follOWli: OroSI Potential Rent (monthly) $9,662 Less: Addison Sambuca Ground Lease -1.250 Gr05s Lease -Improvements $8,412 ,,12 Months JR. -.. Potential Gross Annual Rent -Improvements
$100,944" 􀀮􀁾􀀮􀀠. ChIc' potential gran annual rent figures are higher than his, without considering his ground lease to 􀁨􀁾􀀠Acain, the Joint Venture data is incomplete because it
does not reoognize any CiKpellSes esLlated with market leases; i.e., taxes, vacancy, administrative expense. iosurance, maintenance, le¥e comJllissioP8, etc. His Ligures assume that
(1) there is no risk in leasing the property, and (2) llIhat there is no expense azosociated with maiptaining leases. ., The J.V. data does not recognize that (1) one of the building
is 􀁯􀁾􀀠􀁥􀁬􀁲􀁩􀁩􀀮􀁾􀁮􀁧􀀠A:'apaho Road R:O.W. and clin be required to be removed at any time. and (2) that he IS leasmg hIS property to hllJl$elf (Sambuca storage). 􀁓􀀳􀀱􀁾􀁉􀀳􀀰􀁓􀁾􀀠􀁡􀁎􀁾􀀠S3
dIH /l 
Jim Pierce From: Jim Pierce Sent: Wednesday, July 10. 2002 5:08 PM To: Brian Marshall Subject: FW: Signals at Arapaho & Dallas Parkway Brian: FYI. It's been a while since I looked at
this upthe current status. Please let me know if you have Jim. -----Original Message----From: Steve Cherryholmes [mailto:scherry@pbw.ci.dallas.tx.us) Sent: Friday, June 14, 2002 4:32 PM To:
jpierce@ci.addison.tx.us Cc: bshipp@ci.addison.tx.us; mmurphy@ci.addison.tx.us; DDybala@pbw.ci.dallas.tx.us; JAntebi@pbw.ci.dallas.tx.us Subject: Re: Signals at Arapaho & Dallas Parkway
Jim, We have been forced to cancel the upgrade of this traffic signal due to 1) our signal construction contractor'g inability to perform work in a timely manner, 2) the numerous utility
conflicts that have prevented us from finding locations to install the signal pole foundations and 3) our current budget shortfall. Therefore, a meeting in the field, at this point,
is not necessary. While we realize the existing signal hardWare has a poor appearanceI this upgrade would have been a cosmetic improvement only (it would not enhance the operation of
the signal). If voters approve the next bond program, and money to upgrade traffic signals is included in that program, then we could obtain funding from that source. However, any such
funds would not be available until 2003, at the earliest. If the City of Addison would like to participate in funding the upgrade, we would most certainly entertain such a proposal.
In any case, once funding is secured, we will be in touch with you and the North Texas Turnpike Authority seeking assistance in locating the signal pole foundations. »> <jpierce@ci.addison.tx.us>
06/14 3:14 PM »> Steve: I have seen some of the e mails regarding the above and the difficulty finding a spot for some of the signal poles. I would like to meet with you or someone from
your staff in the field that is familiar with the problem so I can have a better understanding. I will be out next week but would like to schedule something after that. Please email
me me your phone number so I can call and set something up. Thanks, Jim Pierce, P.E. Assistant Public Works Director PO Box 9010 Addison, TX 75001-9010 972-450-2879 c.c. 1 
First American Title Insurance Company OWNER POLICY OF TITLE INSURANCE􀁎􀁾􀀠054982 0 Issued by FIRST AMERICAN TITLE INSURANCE COMPANY SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS
FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, FIRST AMERICAN TITLE INSURANCE COM PANY, a California cO!pOration, herein called !he Company, insures, as of
Date of Policy shown in Schedule A, against loss or damage, not exceeding Ibe Amount of Insurance stated in Schedule A, sustained or incurred by Ibe insured by reason of: I. Title to
the estate or inteI'CSt described in Schedule A heing vested otber than as stated !herein; 2. Any defect in or lien or encumbrance on !be title; 3. Any stalUtory or constilUtional mechanic's,
coolIllclor's, or materialman's lien for labor or material having its inception on or before Date of Policy; 4. Lack of a right of access to and from !be land; 5. Lack of good and indefeasible
title. The Company also will pay Ibe costs, attorneys' fees and expenses incurred in defense of !he title, as insured, bUI only to the extent provided in the Condition. and Stipulations.
IN WITNESS HEREOF, tho; FIRST AMERICAN TITLE INSURANCE COMPANY has caused this policy 10 be executed by its President under Ibe seal of !be Company, but this policy is to be valid only
when it bears an aulborized countersignalUre, as of Ibe date set fortb in Schedule A. First American Title Insurance Company ATTEST Secretary. FORM TI·CAc OWNER POUCY OFlT11..E INSURANCE
(EFFOCTIVE .,4.<)2) 
i 􀁾􀀢􀁌􀀡􀁴􀁙􀀠IUIXI£lI .. POlIty A"QUK! 'EffECTIVE OAfE 2 PI\Q/lU,TY 􀁔􀁙􀁾􀁦􀀠d' $1.IJl:Y£Y AMfllllflOfJH.' PROtiUMOWNER POLlC, r: J CQUllfr E tArE COO! 11 AiIOlT[QIIM, CIIAU!li ,
i,054982 0 C 113 112,000.00 1,003.00 1000 11/21/2002 O( 2 3 4 • • 7 , • FIRST AMERICAN TITLE INSURANCE COMPANY OWNER POLICY OF TITLE INSURANCE GF NO. OR FILE NO. DATE OF POLICY AMOUNT
OF INSURANCE THE 'OLICY 􀀮􀁵􀀢􀀬􀁮􀁾􀀠SIIO'JIII POLICY NUMBER 011 nits SCItEOtilf IIUS1 AIHIH IIITII Utf f>ln;.02R14040 SJ6 11/21/2002 at 02:57 PM $ 112,000.00 Hlllrto 1II}II11U 011
HIE > 054982 0 (;}vU 􀁾􀁬􀁉􀁩􀁅􀁦􀀮􀀠Schedule A 1, Name of insured: THE TOWN OF ADDISON 2, The estate or interest in the land that is covered by this policy is: FEE SIMPLE 3, Title to
the estate or inler8st in the land is insured as vested in; THE TOWN OF ADDISON 4. The land referred to in Ihis policy is described as follows; Being an 0.4737 acre tract of land in
the DAVID MYER SURVEY, ABSTRACT No. 923, the Town of Addison, the City of Dallas and being more particularly described on Exhibit A attached hereto and made a part hereof for all purposes.
REPUBLIC TITLE OF TEXAS, INC. /Countersigned at DALLAS, TEXAS REPUBLIC TITLE OF TEXAS, INC. THIS POLICY IS INVALID UNLESS THE COVER SHEET AND SCHEDULE B ARE ATTACHED, 
EXHIBIT A BEING a description of a 0.4737 acre (20,636 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 1.776 acre tract of land conveyed to Michael 8. Schiff on August 31, 1982 and recorded in Volume 82172, Page 2888 of the Deed Records of Dallas County, Texas,
said called 1. 776 acre tract of land being all of Intervest Companies Addition, an addition to the Town of Addison, as evidenced by the plat dated October 29, 1982 and recorded in Volume
83017, Page 2268 of said Deed Records, said 0.4737 acre tract. of land being more particularly described by 􀁭􀁥􀁴􀁥􀁾􀀠􀁾􀁮􀁤􀀠bounds 􀁾􀁳􀀠follows; 􀀬􀁾...-'-'--. ,.. 􀀭􀀭􀀮􀁾􀀭...-.-.-.--,,-'..
􀁾􀀭􀀭􀂷􀀢􀀭􀂷􀁂􀁅􀁇􀁦􀁎􀁎􀁦􀁎􀁇􀂷􀂷o3t'=a 5/8 ihc'if""I;'on -rod 􀀧􀁾􀁓􀁥􀁴􀁭􀂷􀁩􀁩􀀨􀀧􀁴􀁨􀁥􀀠􀀭􀀭􀁰􀀻􀁾􀁰􀁯􀁳􀁥􀁤􀀭􀁎􀁯􀁾􀁴􀁨􀀠􀂷􀁾􀁩􀁧􀁨􀀮􀁴􀀧􀀠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 􀁄􀁡􀁡􀁾􀁬􀁡􀁳􀀠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, said point being the common Northeast corners of said called 1.776 acre tract and said Intervest Companies Addition
and Northwest corner of a called 2.5212 acre tract of land conveyed to J. H. Crouch, Jr. and Jo Doris Crouch on August 4, 1997 and recorded in Volume 97153, 􀁐􀁡􀁾􀁥􀀠03266 of said Deed
Records, said called 2.5212 acre. tract being all of "Lot 6, Surveyor AdditiOn, Addison West Industrial Parkff an addition to the Town of Addison, as evidenced by the• plat dated March
29, 1979 and recorded in Volume 79130. Page 2495 of said Deed Records, from said point a found 1/2 inch iron rod bears North 00·08'18" East. a distance of 0.24 feet; THENCE. SOUTH 00·05'03-WEST
(called South 00"08'05-West). departing said lines and along the common East line of said called 1.776 acre tract and West line of said ,called 2.5212 acre tract, a distance of 78.95
feet to an "X· in concrete set in the proposed South right of way line of Arapaho Road; ,I ,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 261.40 feet to a 5/8 inch iron rod set in the common West line of said called 1.776 acre tract and East line of a called 1.3713 acre tract
of land (designated "Tract Iff) conveyed to 4125 Centurion Way, L.P. on June 18, 1998 and recorded in Volume 98121, Page 00188 of said Deed Records; 
THENCE, NORTH 00°08'05" EAST, departing said line and along said common West line of said called 1. 776 acre tract and East line of said called 1.3713 acre tract, a 􀁤􀁩􀁳􀁴􀁡􀁮􀁣􀁾􀀠of
78.95 feet to an "X" in concrete set in the 'proposed North right of way line of Arapaho Road and South right of way line of said DART railroad for the common Northwest corner of said
called 1.776 acre tract and Northeast corner of saiq called 1.3713 acre tract; \ THENCE, SOUTH 89°58' 49" EAST (called EAST), departing said common line and along the common North line
of said called 1.776 acre tract, proposed North, right of way line of Arapaho Road, "'al'td SOllt:h r.i:gR.1:;--o.f"way_.line__Qt" .s,a)..d D,1l.RT ,Failroad, a distance of . "'.' 􀀬􀁾􀀠.•
2'61-;"J3 -􀁦􀀭􀁥􀀧􀁥􀀧􀁴􀀻􀁾􀁴􀀻􀀺􀁯􀀭􀁾􀀢􀀧􀀺􀀡􀀻􀁎􀁗􀀠􀁏􀁾􀁅􀀮􀁇􀁉􀁎􀀻􀁎􀀻􀁲􀁎􀁇􀀻􀀬􀀮􀀠CONTAINING an area of 0.4737 acres or 20,636 square feet of land within the metes recited.

FIRST AMERICAN TITLE INSURANCE COMPANY 054982 0 Exhibit A GF-Number 02R14040 NOTE, The Company is prohibited from insuring the area or quantity of the land described herein. Any statement
in the above legal description of the area or quantity of land is not a representation that such area or quantity is correct, but is made only for informational and/or identification
purposes and does not override Item 2 of Schedule B hereof. 
􀁆􀁬􀁾􀁓􀁔􀀠AMERICAN TITLE INSURANCE 􀁃􀁏􀁍􀁾􀁁􀁎􀁙􀀠OWNER POLICY OF 111; 􀁰􀁯􀁾􀁲􀀨􀁹􀀠􀁎􀁕􀀩􀁬􀁕􀁾􀀠SHtwl! TITLE INSURANCE GF NO. OR FILE NO. 02R14040 SJ6 DATE OF POLICY 11/21/2002
011 rMIS WlfOIlU )lUST 􀀮􀁉􀀬􀁇􀁾􀁈􀀠\oI1l!! TKE 􀁉􀀧􀁾􀁈􀁾􀁴􀁉􀀡􀁈􀀡􀁉􀀠􀁾􀁕􀁈􀁂􀁅􀁾􀀠OM IHf 􀁃􀁏􀁖􀁅􀁾􀀠SHEET > POLICY NUMBER 054982 0 Schedule B EXCEPTIONS FROM COVERAGE This policy
does not insure against loss or damage (and the Company will not pay costs, attorney's fees or expenses) that arise by reason of the terms and conditions of the leases or easements insured.
if any, shown in Schedule A and the following matters: 1. [Intentionally Omitted] 2. Any discrepancies. conflicts, or shortages in area or boundary lines, or any encroachments or protrusions,
or any overlapping of improvements. 3. Homestead or community property or survivorship rights, if any, of any spouse of any insured. 4. Any tftles or rights asserted by anyone, including
but not limfted to, persons, the public, corporations, governments or other entities: entities: a. to tidelands, or lands comprising the shores or beds of navigable or perennial rivers
and streams, lakes, bays, gulfs or oceans, or b. to lands beyond the line of the harbor or bulkhead lines as established or changed by any government, or c. to filled·in lands, or artificial
islands, or d. to statutory water rights, including riparian rights, or e. to the area extending from the line of mean low tide to the line of vegetation, or the right of acoess to that
area or easement along and across that area. 5. Standby fees, taxes and assessments by any taxing authorfty for the year 2003, and subsequent years; and subsequent taxes and assessments
by any taxing authorfty for prior years due to change in land usage or ownership. but not those taxes or assessments for prior years because of an exemption granted to a previous owner
of the property under Section 11.13, Texas Tax Code, or because of improvements not assessed for a previous tax year. 6. The following matters and all terms of the documents creating
or offering evidence of the matters (We must insert matters or delete this exception.): a. Easement granted by W. Y. Yeary to the City of Dallas, filed 11/10/1959, recorded in Volume
5225, Page 402, Deed Records of Dallas County, Texas. b .. Easement granted by Clarice Nichols and H. H. Nichols to the City of Dallas, filed 11/10/1959, recorded in Volume 5225, Page
405, Deed Records of Dallas County. Texas. And as shown on plat recorded in Volume 83017, Page 2268, Plat Records, Dallas County, Texas. c. Easement granted by W. H. Yeary to the City
of Addison, Texas, filed 01/12/1967, recorded in Volume 67009, Page 24, Deed Records of Dallas County, 􀁔􀁥􀁸􀁡􀁳􀁾􀀠d. Easement granted by Suveyor Resources, Inc. and Surveyor Industrial
Inc. to Texas Power & Light Company, filed 01/09/1973, recorded in Volume 73054, Page 2653, Deed Records of Dallas County, Texas. And as shown on plat recorded in Volume 83017, page
2268, Map Records, Dallas County, Texas. e. 6' City of Addison Sanitary Sewer Easement, 50' drainage channel easement as shown on the plat recorded in Volume 8307, Page 2268, Map Records
of Dallas County, Texas. Page 1 of Sched. 8 (CONTINUED ON NEXT PAGE) 
FIRST AMERICAN TITLE INSURANCE COMPANY 054982 0 SCHEDULE B Page 2 f. Terms and provisions of that certain Reciprocal Easement Agreement filed 03/26/1981, recorded in Volume 81059, Page
20, Deed Records, Dallas County, Texas. And as shown On plat recorded in Volume 83017, Page 2268, Map Records, Dallas County, Texas. g. Section 14 of the Conditions deleted. and Stipulations
of this policy is hereby 
EXCLUSIONS F1t()M COVERAGE 1bc following malten m: l!;qI(CUly uchNkd rroo. coverage of this polk:y .. nd the CompIny will not PlY lou or datnaJe. COSU. lUOr. ! fees or 􀁥􀁾whtch arne
by reuon of: L (a) Any law, otdmat:IiCC or Pl!rntnI!nLI.I 􀁾􀁧􀁵􀁬􀁡􀁵􀁯􀁮􀀠(including but nol limited to buildin.s: and toning laws, Ordilllna:.'l, (IF regulations) fC!tricting. regulatina.
prohibitilsa: or relatiag to 0) !he o.::CIlPUCY. II.\C, or enjoyl'DCIU of the land; (ii) the char.Klet. dimetl!ions or location of any lmprovllitnl:Dt DOw or hereafter erect¢<! on the
land; (iii) II 5eplfllUon in ownership ot II chanp in !he dimc!l3!QRJ or area of the land or any parcel of which lhc land is or wu II put: Of (iv) environmental protection. or the effect
of an)' violatioll or !.hese laws, ordit:llDCe$ or BO:VenunenW regulatioM. except to !he cxtellt that • nolice of tbe cn(orccmcnt thereof or a notice of a defect. ticn or encumbraoce
resulting from. violation or alleged violation affecting the land I'w been recorded in the public recotdlat Date of Polkyo (b) Any governmental pollee 􀁾􀁲not excluded by <al above,
except to the uteru that • notice of the: 􀁥􀁬􀁃􀁥􀁴􀁥􀁬􀀬􀀼􀁵􀁾􀀠thereof or II notice of II defett. len or encumbrance miilting from II vio1l:tion or aUesed violltlo'4 affecting the
land h.u been recorded in !he public reQmh at Daft: of Policy. 2. Rights ot crirttm domain unleu notice of w exerc:iJe thereof h.u bceft recorded in the public records at Date of Polky,
btu oot eACWdinS from C<lYetagc any tWng that has occ:W1t:d priOr to 0.",. of PoUcy which w(II,I.Jd, be bicdina 00 the rights of a pv:rc:twcr for valLIe without knowledge. }. Defects.
liens. encumbranees. adver.M ctai.mJ or owr miners: (a) au.ted. suffered • .u&Umed or agreed 10 by the insured claimant; (b) noI known to the: Compuly, flO! recorded in the public ;n::.;ords
at Dall: of PoUcy. bUI known 10 the in.'IUred: dainwu and DOt disclosed in writing lO the ClmpiUlY by the insured claimlnl prior to the dale the insured claimllnt became an insured !.mrtict
this 􀁰􀁯􀁬􀁩􀁣􀁹􀁾􀀠(c) resWting ill DO lOS! at damase to Ibc insured claiman1; (d} anac:hing: Of crr:alcd subsequern to Date of Policy; (e) resulting in loss or da.mlge that W(II,I.Jd
flO! MYe been sustained if the insured claim.nt bad paw value for the wate Of in&cm:1 insured by this policy. 4. The refusal of any pef50ll to pun:hue, UJc or IeJld mooey on the 􀁾or
inll:r=l eovered hereby in me land dexribed in Schedule A because of unmarietlbility of the liUe. S. Any claim, which atUes ow of the tran.s.IICtion v$inS to the penon t1UIcd in paragraph
3 of Scbed\lk: A the CltlU:' or mtcra.! itllllR!ld by tbi. policy I by IU6c)O o( me openltioo o( f.ederal bankruptcy, SWot in.soJvency. or other 􀁓􀁴􀁂􀁾􀀠or federal 􀁣􀁲􀁥􀁤􀁩􀁴􀁯􀁾􀀧􀀠rights
lawl that is bucd on either (l) the ttUlUI.:tion creating the 􀁃􀀡􀁬􀁴􀁉􀁾􀀠or I.nteresl huured by this Policy being deemed a ft&udulenl conveylllCC or fraudvJent ItlJUfer or a voidable
distribution or voida.bk: dividend or (ii) me subordiDatioll or recb.m.ewriution of the estate or intera.! i.nsu.red by thiJ PoUcy u • rcsulI of the application of the doctrine of equitlble
!UbordinlPon or (iii) me transactioa creaUos the eSUlIl: or interesl insured by this Policy being deemed a prefereotial trus:fer c:lccpC: wllere the preferem.ia.l lransfer results from
me failure of the Company or it! issuin. agent to timely file for record the instnune:nt of tn.tu:fe:r to me insured after delivery or the failure of such recordAtion to imp:uI: ootice
to a pv:rcbuer for 􀁾or. judgmentor lien creditor-. CONDmONS AND STII"III.ATIOl'iS DEF'fNITION OF TERMS TIle following terms wilen used in this poliey mean: (al -insured"': the inwrcd
named in Scbedule A. and. wbjel;:t to any righU. or defeMes dte Company W(II,I.1d have had a&aJm:t the MrnCd iflSUM1,. tbos.e who succeed 10 the inlereU of the fWI'Ied. insun::d by operarion
of !a.\/; as dUlinguillhed from pun;hase including. bul not limited 10,. hein;. diwibulCe$, devisees., survivon., personal 􀁾􀁴􀁡􀁤􀁶􀁥􀁳􀀮􀀠nUl of kin. or corporolle. partnenhip or
fiduciary JiUCCCS$()("j;, and specifically, without Iimiwion. (he foUowins: (i) tile 5ua:eliSCn in inteteSl to 8 corpona.ion.limited liability rompany or limited liability partnership
􀁲􀁾􀁬􀁴􀁩􀁮􀁳􀀠from merger or consolldadon or convm.ion or the distribution of the 1t!i:f.CU of the rorpor.Won or limited liamlity oompanyor limited /iabUicy panne:rship upon partial
or complete liquidation: (ii) the 􀀵􀁕􀁃􀁾in inttteSl to 8 general or limited pa.rmcnhip or limited liability company or limited liability parmership which di$$Olva I:m doet not !el'mina&e;
(iii) the succ.c:ssocs in intem.l to a genend or limited 􀁾􀁰􀁾􀁄􀁓from tile wsuibution of the audS of me general or limited 􀁾􀁰U$lOfl pattiaJ or complete liquidation; (Iv) the !luccesson
in intenst to a joirn venwrt ft!!iIUlting from the distribution of the auetS of the joint venture upoA pania1 or compaete liquidation; 'v) the 􀁓􀁕􀁾or substitute uustee(s,o( III tf\l5tOe
named in a wrilCm tn,I..SI instn.lmem; or ('ti) the succ.essors in interest to a trU$1Ce or tru81 rcsuwnc from tbo distribution of all or pan of the assets of the uur.lIO the benenci.al'ie:$
thereof. (b) "Inwred claimantn: an insured claiming klu or d.arnage:. (C) 􀁾􀀱􀀻􀁮􀁯􀁷􀁬􀁣􀀺􀁤􀁧􀁥􀁮􀀠or nlcnownn: actual knowledge. t:lOt 􀁾􀁶􀁥knowledge or notice that may be impuled
lO an inwred by reason of lhc public m:ords M defined in !his pplicy or arty Olber records which impan consuuctive DOtice of ma!tCII'l a1fe:c1inS the land, (d) "land": me land deS¢ribed
or referred to i.Q SclledI.lk: A, ud impnwemcra. ..ffIXed Ihc:rclO !.hal by law I 'wte tUl property. The term "land" doa not iDc:lude any propeny beyood me lin.:.. _. the area dacribed
or retil!:rred to in 􀁾A. !liM any right. !.lOc, interesl. estate or euemt:1lt in .butti.na st:r'ceti. n:tadJ. avenlJel. alkyl. laDCI. ways or 􀁷􀁾􀁡􀁙􀁊􀀮􀀠but aodUna betel.D dwl modiJ)
or Umn \be etreDl to which a right of acce:» to and from the land i1l.t:!.&ured hy I:hiJ poIii;)'. (e) "mongage": mocta:lge. deed o( tn.lSt. Wit deed. or other security WWl11Il'nt, (t)
"public: records"; teQxd.s established under lUte iIWlItN at 0. of Policy fot !he purpose of imp&rtina consuuctive ootke of nwut:l relatin, to tUl propcrt)' 10 purchasen for value am
wilbout kDowkdgte, With rewpect 10 Soction I(a)(iv) of the Exdlnion.l From Cove:qe. "public records" also shaJj inctud4 e.Gviroo.menul protection liens filed in the records of the clerk;
of the United Stites district coon (or the dittricI in wt!kh the land is 1QC&U:d. (g) "acceJ.S": leg&! right of a<XeD to the land and t:lOt the physif;ll condition of access. The coverllge
provided as 10 􀁾doe. flO! u$Ure the adCquacy of access far the use intended, 2. CONTlNUATION OF INSURANCE AFTER CONVEYANCE OF mLE. Tllc COVefB.ge of this policy sb.a.ll continue in
foree as of Dall: of Policy in favor of an i.nJ.ured only so Ioog as the inllmd re&lw an eswt: or itltercst in the lind. or how.. au indcbcedocss seaued by a purchast: money mona. .iveD
by .. purchuer from the lnJIJred, or only so long u the 􀁾􀁲􀁥􀁤􀀠shall ha'lt liability by feQOl1 0( CO'o'enantl o( wanant)' made by the izmlred in .ny tl'L!U!er or coave:Y.I.IQ of the
e&Ia1c' or interest. This policy sball DOt cooliooe in (oo:e in avor of any 􀁾from \be insured o{ either (I) an estate or ilutteSt In the 1aod. or (ii) an indebcodoess JeCured by a pun:hue
money mortgage ,iveo to the insured. 3. NOTtCE OF CLAIM TO BI: GIVEN 'Y INSURED CLAIMANT. '1"bc illllUft'd shall ootify the Company prof'n9Cly in wti.t.i.D, (i) in .cue of auy liuption
as !Ie' (OM iB Se«ion 4{a) below. at (ij) 10 eue kDowkdic sbal1 come lO an iluured hereurMSer 0( any claim of title or interest that is adver.M to the tiue to the esw.c or .imemt. as
iDIurcd. and ttw mi&h1 c:.IUIC loss or damlise {or whicb the Company may be liable by virtue of I:hiJ policy. If prompt nocke sbaU DOC be given lO the Cornpuy. then as to the insured
aU liability of the Comp«ny ,ball ICrmirlate with regard to the mat!U or mailers for whlcb pl'Ol'nIK tIOC.iee is required: provided, however, that failure 10 I'IOlify me COmpMy shall
in IX) ea.u. prejudice: the rights of any ituun::d under Ibis poItey unIm the Comp&ny shl1l be prejudiced by the failure and then oo1y to me extent of the prejudice. When, after !.he
date of the policy. the iDSUred ootifiu the Company as requited berein of a 􀁉􀁾􀀮􀀠encUll1bfaQce, 􀁾􀁶􀁥􀁮􀁥􀀠claim at odler deU!cc in title to the e4ate or ittCCN* in the land in.s1lRd
by this policy IDa! is QOt «eluded or 􀁥􀀻􀁴􀀮􀁾􀀠from tbc coverage of t.bU policy. the 􀁃􀁯􀁾􀁹sha1I ptompdy invatip:.e the cb.arge fa deccrmiQle whetber lbc lien. encumbruce. Idverw
claim or deCtct is vtUd and not bI.rred by law or stt!:Ufl:. The Company shall notify the inswcd in writing. wilbio a reuocable time, of its 􀁾as CO the validity or invalidity of the
insured's dun or charge GOOIer tbc policy. If tbe Compaoy coodlJlies that the lial, 􀁾􀀮adverw c1llm or de(ect is DO( covered by !his policy, or Will otherwise addmacd in tbe cbinj:
of \be UUSKtion in 􀁣􀁯􀁾with wbir:b dUt policy 'NilS mucd, the Cornpaay shall spccifil:a1ly 􀁾􀁶􀁩􀁊􀁣􀀠the insllRd of !be re.uo.u for its det.etmit:wltioQ. ff the Cornpmy 􀁾􀁉􀁵􀁤􀁣􀁳􀀠dw
dte lieo. e:ocu.mbf'l.OCC; 􀁾􀁶􀁥􀁲􀁳􀁥􀀠claim or defect is v.aUd:. tbe Compaay ,bill take om: of the foUowin, action.t: (i) 􀁩􀁲􀁷􀁩􀁕􀀮􀁬􀁾􀀠the DCCC:S$II')' pn::aedirlp to clear the
lien. mcumbraoI:e. tdYene claim or def«:t from the tille lO the awe as insllRd; (ii) indemnify the iJ1lW't.ld u provkfed in tbia polky; fill) UpmI ..ymcma of appropriIto premium aad
cbatJtt tbmCnt. Wue to a. wuted claimant or"". 􀁾owner, JDOI'1;pp or bolder of tbo C$WC or _rut in the laJJd insured by tJUa poUcy •• policy of tide Wlll"UlC:e withoIilt exccpdoo (or
!.be UeG, 􀁣􀁾􀀮adverse claim or dli!foct. said polk)' 10 be i.D to amnu.o1 cqutl "" tbc Cut'tld vallJe. o( cbe property or, if. mortpJC:C 􀁾􀀮the a.mow3I of the loan: (iv) indemnify
a.ootber title iDIutmc:c compey in comectioD widJ ita iu:u.aDce or a policy(iel:) of tide 􀁾Widloul cuqMioo tor lbc lica. 􀁾􀀮􀁾􀁶􀁭􀁥􀀠cllitti or 􀁤􀁥􀁃􀁴􀁣􀁴􀁾􀀠(v) toe:We • meuc Of
ocber 􀁾􀁾the tieD. eoc\urtbrlmce. adverw c1a.im or def'ect; Of ('Ii) \UId!:rtUe • combiDadoo of (i) ttm:.Igh (v) lim:i:c, 4. DEFENSE AND PROSECUTION OF AcnONS: DUTY OF INSURED CLAlMANT
TO COOPEIlATE. (a, Upon WriUCIl reIp!It by the iaaucd and subject "" the optiou cooll.i.Md in Sectioa 6 of t:I:Ie:M CoodJtions and Stipulatiocl, cbe 􀁾􀁹􀀮oil itt own COA aad \/;ilbout
􀁾delly. sha1I provide for Ibe dert:me of an iasurcd in Jitigatilxl in wbich any third put')' ....ru • cl.atra advenc 10 Ebe ddo or ir::l'",rat as inswod. but only U to tboac .tated
CI.I.IM::I of Ktioa aIlcJins a defect. lkn or eDCW:I'Ibra0c:6 or ocher rnalltt itI.Jutcd .pi.n.st by mil policy. The. Compey abalI have tbe ript to Hiott couRICJ of iU choice (wbjcct
to the nabl of tbc inawtd to objccI for 􀁾􀁉􀁥"usc) co rtpf'ttItU tbc iIsIuft:d u Ie tboIe IWl!d c&wes or action and shall GOt 'be liable for uxJ will t:lOt Ply the feca of U1 other
(:OIWId. Tbe eomp.cy will DOC P'lY any fees. .costs Of 􀁥􀁾iocumd by tbe inAlred in tbc defenK of thoR caUJa of &Cticm that a!lese: lJUItters ROC iNured apUas.t by thls poliq. 
(1:;) 'The: Computy shall b.ne lIle right, at 1l.5 OWl' ''It, to institute and prosecUte any'action or pl"OCCC'ding or to do any other ACt that il 􀁾􀁩􀁮􀁩􀁯􀁮􀀠may be neces.sary or
desirable to establish lIle title 10 !he: eslJlle or interest, as insured. ot 10 prtvetl1 or , leduce 􀁾or damage 10 the insured. The Company may rake any appropriate action utldtt the
ternu or this policy. whe!he:r or not it shall be liabie hereunder. aM shaJl not thereby concede liability or waive any provision o( this policy. If the Company shaU 􀁴􀁊􀀨􀁥􀁲􀁥􀁩􀁾􀀠its
rights utldtr lIlis paragraph, il wI! do 50 diligently. (e) Whenever lIle Company shaU have brOUght an action or interposed a defense as required or permitted by the prowis-IOllI of
lIlis policy, !he: Company may pursue any liugation !.O final determination by a coon of competent jurisdiction and exJ)Rssly rtse-rves lIle right. in its sole discretion, to appeal
(rom any advene judgment or order. (d) In all cases where lIlis policy permil.5 or requires me Company to PWS«Ute or provide for the defense-of any action or 􀁰􀁾􀁩􀁮􀁧􀀬􀀠the iJuured
shall scrore ro the Company lIle tight to 50 PfO$¢(u!e or provide defense in the action or pmceeding, and aU appeals lherci.n. and pennil the Company lO use, at iu option, the I\IlmC
of the insured (or this purpose. Wbellever reques!td by the Company, lIle insured. at the Company's expense, shall give the Company all reasonable eid (i) in any action or proceeding,
securing: evidence. obtaining witnesses, prosecuting or defending the action or pnxceding. or etrec:tit18 5eWement. and {ii} in any odw:r lawful act that in the opinion of !hc: COmplny
may be ncceua.ry or desirable to establish the title to the M.ate or 􀁪􀁾􀁴􀁗􀀺􀀠u insured, If the Company is prejudiced by the failure of the insur.ed to furnish tbe requited cooperation,
the Company', obligation, to the insured under the policy s:baU terminate, including any liability or obligation to derend. proseeult. or continue any litiption. wiUt regard to !he matler
or maL1t:rs n:n:quirins: !ilk::h COOpcl'atKrn, s. PROOF OF LOSS OR DAMAGE, In addition to and ,after the notic," required under Section 3 of thest Conditions and Stlj:xl:lIliolU have
boen provided the Company, a proof of loss 01" damage signed ,and sworn to by me inMlred claimant shall be furnished to the Company wilhin 91 days after the inaured clailnant shan ucel1llin
the fa(ts giving rise to the lou or damage, The proof of 10.5$ Of damage shall describ.!: the defect in, or Hen or encumbrance on the title, or other maner insured against by this policy
that CortSlituteS the basis of loss or d.tmIge and sh.lU S!.lle, to the 􀁥􀁾􀁬􀁥􀁮􀁴􀀠pouib!e, the-!Wi! of calculating the amounl of t.hre 10$;$ (lr d.tmIp. if the Company is prejudiced
by tl\t failurt of the insured cI.imant !.O provide the requited proof of 10$$ or d.tmIge. the Company's obligations to the insured under the policy sha1I Itnninalt, including any Ii.bill!)'
or obligation to defend, prosecucc, or coullnue any litigation, with rtgard to tht mantr or matteN requlril'lg $tlch proor of 1055 or damlp. In addition, !be: insured claimant may rusolllbly
b.!: required to submit to examiruuion under oath by any authorized represeruative of the Company and shall produu for e.xa.min.ation, iMpcction and copying, at soch reuonable limes
and places as may be desigRited by any authorized RpreSentatlve of !be Company, &II records, books. k:dgM. cbecks. correspondence and memoranda. whether bearing a dare b.!:{ore or antr
Date or POliey, which reuonably perui" to the lOS! or damage. Further. if rcqucated by any autho,iud tepte.tenJatl'ie o( the Company, the in$Ured claimant shall grant iu permission.
in w.riting. (or any authorized rePfC$Cnative or the Company to examine. inspect and copy all records. books, ledg«l, checks. correspondeoce and memoranda in the custody Of ccnlJ"Ol
of a third pilrt)', which tuSOl\llhly pertain to the lau OJ" damage, AH inform.ltion designated lU confidential by the iflSured claimaJlJ provided to the Company pursu.ant 10 this SccUQn
shall 004: be be dl$(:1o$ed to (!(ben unless. in the ru:Sonible judgment of the Cort1JlllllY, it is n«es.sary in the admmiWftion or the claim. Failure of the insured claill'llJU to submit
{or eumination Uooef oath. produca other reuonably teql.JC'$tcd informatidn or grant permission to secure rusonably necessary information from third parues as required in this pilragraph
5hall .tenniruate any liability of the Company under this policy as to that claim. 6. OPTIONS TO PAY OR OTHERWISE SETILE CLAIMS, TERMJNATION OF LlA9IUTY. In case of a claim under lIlis
policy. i:be Comptny shaH have the roUowing additionaJ options: (al To Payor Tender Payment or the Amot.u:n of lruuranee. To payor tender paymeOI or the-amoutIC or insurance under thi.
polie)'. IOgetber with any cost!, anorneys· feu .nd 􀁾􀁰􀁥􀁮􀁡􀁡􀀠mcllrre(l by the lnwfe4 elaima:N:. whicb were authorized by the Company. up 10 tha time of payment or tender of payment
tnd which the Company is oblia-tedto pay. Upon !he exercise by !he CompilllY or this optioo. aU liability and obligations co the insured under this policy, (!(ber th.att to make the payment 􀁾􀁵􀁩􀁲􀁥􀁤􀀮􀀠stutll terminacc.
itJeJudiog any liability Ot obUa.tiod to defend, prosecute. or continue any litigation. aad the polky shall b.!: surrendered to the Compey for (:AJlf;C:lhltion. {b} To Pay ot Otherwise
Settle With Patties Other Ihln the: Insured or With the {Mured CWman(. (i) 10 payor otherwise sen1e with other parties for or in the l\llme of an iruured claimant any claim inwml api,",
onder this policy. together witll any costs. 􀁾􀁵􀁯􀁭􀁥􀁹􀁳􀀧􀀠fea and e:tpefUC$ InclitTed by !hc: insured dalmam, which wen: authorized by the Company up to the f' 􀂷􀁾􀁦􀀠paYIDCDt
and which the Company is obligated to 􀁰􀁡􀁹􀁾􀀠or (ii) 10 payor otherwise settle with the insured claimant the toss or damage provided for under thi.1 policy, loge!hc:r with any COSts,
atlOtI'lC)'lJ' l'Ce$ and e:tpelltC$ illCul"R'ld by the inJured claimant, which were authoriud by the Company up to the time of payment and wbi<:h the Company is obligated to pay. Upon
the em'Cise by the Company of either of the options provided for in para,sraphs (b)(i) or (ij). the Company's oblig:ations to tbt Insured under !JUs policy wr the clalm<d tou. or damage,
other than the payments required to be made, shall terminate. including any liability or obligation to defend. prosecut.e or continue any litigation. 7, DETERMINATION. EXTENT OF LIABILITY
AND COINSURANCE. This policy is a CQnU;i(:( of indemnity against actu.al moDel, .." loss or damage sustained or incurred by the insufCid d,imant who haJ. mif.ered loss or damage by reason
of matters insured against by lIlis policy and only 10 lIle extent herein described, (a) '!'he liability of the Company under this policy shall no!: exceed the least of: (i) the Amounl
of Insurance S!.IIed in Schedule Aj Or (ii) the difference b.!:tween the value or the insured eSLite or intere$t as: insured and the value of the in$Ured eS!.Ite or interest subject
to the defect. lien or el'lcumblVlCC inJUred against by this polit;:y at the date the insured claimant is requiml to furnish to Company a proof of loss or damage in accordance with Section.5
or!;he$e: Conditions aM Stipulation., (b) in the evenl the Amounl of insurance seated in Schedule A at me DaCC of Polky is Ie.u than 80 pen;.ent of the value of the in5l.lred eslllte
or intel"C$l: or the full consideration paid for !hc: land, wh.ichever is tess. or if subsequent to the Date of Pelky an improvement is erected on !he: la.nd which increases lhe value
of the in.sured emit or 􀁩􀁮􀁴􀁥􀁾􀁳􀁴􀀠by al least 20 ptt'C4nl over the Amount of Insu.nmce stated in Schedlile A, then this Policy i;I, subject to the fo.Ilowing: (i) 􀁷􀁨􀁥􀁾􀀠no
subsClquem improvement has been made, as to any partial Ion:. the Company shall only pay the lou pro rata in the propoJtion that the IIJllOIlDt of insurance at nate o( Policy bears to
the tot.I value of the insumi estaCC or intern! at Date: or Policy; or (ii) where a sut>&equenl improvemenl has been made, as to any partial loss, the Company shall oo1y pay the lou
pto rata in the proportion that 120 percent of the Amotlnt o{ flUtU'&llCe stated .in Schedule A beats to the sum or !hc: Amount of Insurance SWcd in Schedoie A and the 4IliOOnt upended
for the improvement The provisions of this pataaraph shaH nOl apply to cosu. anomeys' fees and expenses for which the Company iJ liable under this policy, aDd shall only apply to that
portion of any loss which exceeds. in the agartgate. 10 percent or the Amount o( Insurance stated in Scbcdule A, (c) 'f'hrc Company will pay only lOOse costs, attorneys' re-es aDd expenses
incurred jn accnrd.lACe with Section 4 of the$e CoDditions and Stipulatioll.5. 8. APPORTIONMENT. If !he IaDd described in Schedule A consists of twO or 􀁭􀁯􀁾􀀠pareels thai are not used
u .a single site. and • los. is established affecting ODC or more of the parcels but 001 &II, the los.s shall be C'Qt'llJ)Uted and selUed on <I pro 􀁲􀁡􀁾􀀠!Wj,s as if !he: amounl of
inM1l1inCC w'ldcr thi, peltey' was divided pro tata as to !hc: value on D8U!: of Policy or each M:pl.nllte pareel 10 the whole, e:a.ch.l.'live or any improvements made Subsequent to
Da!e of Policy, unle.1:s a liability or value has otherwise been agreed upon as 10 each parcel by the Compaoy and the ;ll5ured at the tune of the is.$uance or this policy and shown by
an express statement Of by an endorsement anached 10 this policy. 9. UMITATION OF UADILITY. 'a) u the Company e:a:t.lblishes the title. or removes the alleged defect, lien or encumbnn;;e,
or cuteS the lack of a right of act:e» to IX from the land, all as insured, or t.U:d klion in 􀁡􀁾wilh Section: 3 or Section 6, in a ma.sonabIy diligent manner by any method. including
litigation and the completion of any appeals thetcfrom. ii stWl have fully performed its obligationa witll rt,pect to that matter .m;i shaH no( be liable for an)' lou Of damlge eawed
thereby, (b) In the event of my litiglltioii. iocludina litigation by the Company or willl 􀁾􀀠. the Company's consent. the Company sbaU have JlQ (.iabUity for loss or damage until ;
􀁴􀁨􀁥􀁾􀀠has boen a final dcttrmU\ation by a coort of compete,. Jurbdiction. and disposition of an appeal. thertfrom. advcne to the tide as insured. (c) The Company sha1I noc b.!: li.tble
tor loss or damar 10 any insured for liability voluntarily assumed by !.be iMured in iCttlin, any claim (If suit without the prior written: consent of the Compa.ny. 10. REDUCTION OF
INSOAANCC: REDUCTION OR TERM1NATION OF LlABIUTY. All payments urxkr 1J1is polky, excepc paymept! made ror cosu, aoorneys' fees and e];ptnscs, shall reduce the amounl of the 􀁩􀁮􀁳􀁵􀁾􀀠pro
tanto. 
I L. LlABIUTY NONCUMULATIVE. li IS 􀁥􀁸􀁰􀁾􀁓􀀤􀀡􀁹􀀠undemood that the Amount of in:s.urance under thill policy 5ha.l1 be r«!ul;ed by any Amount the Company Ny pay under any policy insudng
A monpge IQ which e:tCepI1lOn is tak.en in Schedule 8 or to which tbe inwrtd h.a.I agreed• ..wJmed, or 'Aken subject. or which is hereafter cxecuted by an insurtd and which 􀁩􀁾􀀠I charge
or lien on the estale Or 􀁩􀁮􀁬􀁥􀁾􀀵􀀱􀀠de$.e:,ibed or n:fem:d to in Schedule A. and the amoon. st) paid shall be deemed a payl'l"\enl under this policy to the insured owner. 12. PAYMENT
OF LOSS. (a) No payment "hal! be made without producing Ihis policy Mr endonel'l"\enC of the paymenl unless the policy has been 10SI or -destroyed, m which case proof of 1056 or deMruction
wll be furnished tn Ihe satisfaction of the Cnmpany. (b} When liability and the eAtenl of loss or dlimage has been definitely fued in accordance with these Conditions and 􀁓􀁴􀁬􀁰􀁵􀁬􀁡􀁴􀁬􀁯􀀢􀁾􀀬􀀠
the loss or damage shall be payable 􀁷􀁾􀁬􀁨􀁬􀁮􀀠30 days. thereafter. LJ. SUBROGATION UPON PAYMENT OR SETTLEMENT. ta) The Company's. Right or Subrogation. Whenever the Company shall
􀁾􀁶􀁥􀀠􀀮􀁾􀁮􀁬􀂫􀀡􀀠and paid a claim under lhis policy. all right of subn>ga1ion shall vesl In the Company unarfecled by any aCI of the insured daimanl, The Company shall be subrogaled
to and be entitled to all rigillS and 􀁾􀁭􀁥􀁤􀁩􀁥􀁳􀀠thar the insured dalmanl would have had agains.l any person or property in respec( 10 the clillm had 􀁴􀁨􀁩􀁾􀀠policy nOf been isr;\Jtd.
Ii requeMed by lhe Company. the insured claimant 􀁾􀁨􀁡􀁬􀁬􀀠transfer to the Company all fights and remedies against any penon or propeny neceuary in order to perfect Ihis. nght of 􀁾􀁵􀁢􀁲􀁯􀁧􀁡􀁬􀁩
􀁯􀁮􀀮􀀠TIle: insurtd claimant "halt permit the ComPfny 10 sue, compromise or settle in the name: of the insured claimant and [0 lise Ihe name of the iruured claimant in any trlnsacrion
or litigation invOfving these 􀁲􀁩􀁧􀁨􀁴􀁾􀀠or remedies If a payment on accounl of a claim does. nOI fully cover 􀁾􀁨􀁥􀀠loss of the insu,fti ,liumanl. lhe Company shall be subrogated
10. these rights afld remedies. in the propc>nion that the Company's payment bean to the whole amount 0( lhe loss, If Ion should resull from any act of lhe tlUured claimanl. as stated
above. thai ael wll 001 void this polky. bUi ttlt Company. in that event. shall be f$}uired to pay only that pan of any !ones insured against by thiS policy that shall exceed the amaunl.
If alty, f;:m to the Company by reason of the impairlTW!nI by the 􀁩􀁮􀁾􀁵􀁲􀁥􀁤􀀠claimant of lhe Company's righl of subrogation. (b) The Company's Rights 􀁁􀁰􀁭􀁾􀀱􀀠!>lon-Insured Obligors.
The Company's right of subtQgation against non-insured obligon 5!\a1l e.l;is{ and shall Jncludt, wilhout Ilmilalion, rhe tightS of lhe insured to indemnIties, guaranlies. olher polieie5
of insurance or bonds, notwithstanding any terms Ot condiliof'!1t contained In lh05c inslruments that provide for subrogalion tights by reason of tbis poIicy_ 14 ARBlTRATION. Unless
prohibil«! by applu.:able law Of unless tbis Mbilratlon Mbilratlon seelion is deleled by specific ptovi5ion lh Schedule B of Ihis policy, either the Company or the insured may Jemand
arbmauof'! pUf5unni to tbe Tille In5utaMe Arbilralwn Rules Of Ihe American Arbmauon Ass!)Clallon. Arbllrable matters may Indude, but aM not limited 10, any .. I.i .,.. .. _ 0 .;,z I
􀀡􀁉􀁩􀁾􀀠'" 􀁾􀀠􀁾􀁾􀁧􀀠􀁾􀀠W-N 5f-..;-11'1 􀁾􀀠􀁾􀁾􀀠.:l>0-0_>< 􀁷􀁾....-CJ 􀁾􀀠.:= ... -<5 􀁩􀀽􀀻􀁾􀀠w:3 '" iii -> <n l::!;l!i! :;0 CD !I! 􀁣􀀻􀁾􀀠Cf:>",D. w !:C CoN ... W '" " &!
􀁾Cl) enC 􀁾􀀠􀁾􀀠 11110 ic eontroversy or chum belw'etn the Company and the fnsure¢ arising oul of or relating 10 this policy, any service or the Company in connection with ilS issuance
or the breach of Apolicy pr0'li5ion or other obligation. All arbitrable matters when the Amount of Insurance is $1,000,000 or less SHA! I ar: arbitral.ed aJ the request of either me
Company or the insured, unfes5 Ihe insured is an individual 􀁰􀁾􀁯􀁮(as distinguished from a COrporAtion. trust, partnership, association Of" other legal entity). All arbilrable mat'le:rs
when "the Amount of Insurance 111 in excess of 11,000.000 shall be arbitrated only whell3greed to by both the Company and the 􀁉􀁮􀁓􀀡􀁊􀁾􀀢􀀠Arbitration pursuant to Ihis policy and
under me Rules in effect on the dale the Oc11l:4I1d"fOf 􀁾􀁩􀁬􀁲􀁡􀁬􀁩􀁯􀁮􀀠is mal"ic Of. at the option of the 􀁉􀁮􀀮􀁳􀁵􀁲􀁾􀀬􀀠the Rules in effect at Date or Poliey shall be binding
upon the parties. The award mAy include attorneys' fees only ifthe laws ofthc state in which the land is located pennil a court (0 award attomeyil' fl'lt':$ to a prevailing. party. Judgment
upon the award rendered by the Arbitralor(s) may be entered In 4I1Y court having jurisdiction thereof. The Law (If !.be situs of the land shall o.pply to any arbiu-a(ion under lhe Tille
In$uram:e Arbitralion Rules, A COP)l ofthe Rules may be obtained from tbe Comp-4I1Y upon request. I:S. UABrLITY UMITED TO THIS POUCY; POUCY ENTIRE CONTRACT, {a} This policy logether
with all 􀁥􀁮􀁤􀁯􀁾􀁲􀁲􀁷􀀺􀁮􀁵􀀬􀀠if any. attached hereto by the Company is tiM: entin: policy and contract between the insural .nd the Company_ In interpreting any proviSion of this
policy. this polky s.hall be eOllJtrUtd as a whole. (b) Any daim of lou or datl\lge. 􀁾or 001 based on 􀁮􀁥􀁧􀁬􀁩􀁾􀀬􀀠Ind which ariSC'S OUI of the status of the (ilk to the eMlte or
interest covertd hereby or by any at'Iton assening such claim, wll be 􀁾􀁳􀁴􀁲􀁩􀁣􀁵􀁤􀀠to Ihis poUe)!, (t) No amendment of or endorsement to this policy can be made eAcept by a wrlling
endorsed hereon ot auached herelO signed by either the President, a Vice Presidem. the Secmary, an Assistant Secretary, or validating offICer or authori.ted !ignalory of the Company.
16. SEVERAB1UTY. In the evenl any provision of lhe policy is held inv;t!td or unenforeuble unGer applicab!e law, !he policy shall be deemed not to include that provision. and.I1 cmer
proviSWM shall remain in full force and effect. 11 NOTICES. WHERE SENT. All notices required fo be given the Company and any starement in writing required to be furnIshed the Company
511.<111 include the numw of this policy and shall be addressed to the Company ae Fir$! American TI.lc insu.ra.ru:e Company, 1500 S, Dairy Ashford. Suil'! JOO. Hou$lon, TX 17017, COMPLAINT
NOnCE. Should any dispute arise aOoue yow-premium or about a claim lhat you have tiled. contact the agent or wrile to the CQrnp&ny thai issued the policy, If the problem is fIOt resolved,.
you al$O may write £he TU8$ Department of lnsurance, 1',0. Box 149104, Austin, TX 78114..9104, Fax No. (512) 􀀳􀀰􀀵􀁾􀀱􀀴􀀲􀀶􀀬􀀠This notice ofcomplaint procedure is for information
only and does not become a 􀁾or oondition of this policy. :S•• J; 􀁾􀀼...... 􀁾􀀠􀁾􀀠 ! OU8 r'. 􀁾􀀠!! <J .---. Nc:: <il§ 􀁾􀀠􀁾􀀠􀁾􀀠􀀧􀁩􀁦􀀺􀀺􀀸􀁾􀀠􀁾􀁾􀀦􀀡􀀠.£ _N (""'.0 ..c::: Vl
("'.; g'"" Vl:o::r;):; <11<00 00t3 􀁪􀁾􀁾 􀀾􀀮􀀮􀁾􀀠>r, 􀁾􀀠􀁯􀁾·a d":= :;e 􀁾􀀠.-.. 000 t:: -􀁾􀀠t!..'"'1 OU_􀁾􀀠.s % 􀁾􀁾􀀠". -􀁾􀀼􀀠....1;) :2 􀁾􀀽􀀠􀁾􀀠til 8 􀀻􀀻􀁾'"􀁾􀀠 􀁾􀀠0<
􀁉􀁊􀀮􀁾􀀠 9 
JoInt Venture Rent Tenenls 2001 Rent 2002 Rent Joe's Jlulo DOOy )avid lerl Ward loe's I umvFriend ,. ,. , Group 3 4062 430, 1. 25 2J5 1 non 00 25000 7,1100.00 9,662.25 'Change in space
rented 2002 Rents effective 211102 Storage rents effective 711/02 £0 3911d S3111IOOSSI1 aN\1 S3dIH 􀁮􀀧􀀶􀁓􀀶􀂣􀁌􀁾􀀡􀁬􀀠
HP LaserJet 3200se TOALASERJET 3200 invent 9724502837 SEp·27·2002 9:56AM Fax Call Report Job Date Time Type Identification Duration Pages Result S34 9/2712002 9:55:26AM Send 92146722358
0:49 2 OK Mlcha.1 e ...... rphy, P.e. 01I'Kwr of Public Worb Qfflce: 912t450·2818 FaJC 9721450.21)37 1_1 Weatgrove P.O. Box 9010 Add!aon. TX 15001-8{H0