. 20WLES &THOMrSO.,· G _ AT TOR "V 5 A N D. CO U N S E LOR 5 􀁾􀁾􀁾􀁾􀁾􀁾􀁾􀁾􀁟􀁾􀁾􀁟􀁾___<_P_'. ' ... 􀀢􀁾􀀧􀁾􀀢.." .. ' 􀁾􀁃􀁟􀁯􀁟􀀧"_0_'_'_'_'._"____􀁾􀁟􀀡􀀭􀀺􀁾􀀭􀁌􀀮􀀮􀀮t9__􀁾􀁟􀀻􀁟􀀠ANGELA K. WASHINGTON 214.512.2144 AWASHIPfGTON@COWLESTHOMPSON.COM April 27. 2004 VIA FACSIMILE (114) 855-8898 AND REGULAR U.S. MAIL Ms. Janine Barber Republic Title Company 2626 Howell Street, 10th Floor Dallas, Texas 75204 Re: Your File No. 02R14036/SJ6 Midway Centurion, Ltd. as Seller to Town of Addison, Texas as Buyer Dear Janine: In connection with the above-referenced transaction, on which you worked with John Hill with our office, the Town of Addison has determined that it needs additional property and the parties are in the process of negotiating an Amendment to the Easement Agreement. A field note description and a survey depiction for the additional property are attached. I would appreciate it if your office could provide me a Title Commitment for this additional property at your earliest opportunity. Please give me a call if you have any questions and thanks for your help. Sincerely, ,X=4r'r1 f d #--. Angela K. Washington ' AKW/yjr Attachment c(wlEnc.): Mr. Mike MHr"hy (w/o Enc.) Mr. Kenneth Dippel 901 MAlN STREET SUITE 4000 DALLAS, TEXAS 75202.';3793 DALLAS T Y L E R TEL 214.672.2000 FAX 214.672.2.020 DOC 11': 992365 WWW.COWU:STHOMPSON.COMDocument /I' 110461.1 EXHIBIT A Easement Field Note Description Arapaho Road Project Town of Addison Dallas County, Texas BEING a description of a 0.0097 acre (422 square foot) tract of land situated in the W.H. Witt Survey, Abstract Number 1609, Town of Addison, Dallas County, Texas, and being a portion of a called 3.4654 acre tract of land conveyed to Midway Centurion, Ltd. as evidenced by the deed recorded in Volume 2002041, Page 07792 of the Deed Records of Dallas County, said called 3.4654 acre tract being all of "Lot 4, Surveyor Addition, Addison West Industrial Park", an addition to the Town of Addison, as evidenced by the plat recorded in Volume 79029, Page 0984 of said Deed Records, said 0.0097 acre tract of land being more particularly described by metes and bounds as follows; COMMENCXNG at a 5/8 inch iron rod with cap found at the Northeast corners of said called 3.4654 acre tract, said Lot 4, and a called 0.9387 acre perpetual easement and right of way for Arapaho Road granted to the Town of Addison, Texas as evidenced by the deed recorded in Volume 2003042, Page 09806 of said Deed Records, said rod being located in 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 as evidenced by the deed recorded in Volume 91008, Page 1390 of said Deed Records, as it intersects the West right of way line of Midway Road (100 feet wide); THENCE, SOUTH 00°58' 35" EAST, departing said lines and along the cornmon East lines of said called 3.4654 acre tract and said called 0.9387 acre tract and West right of way line of said Midway Road, a distance of 13.57 feet (called 13.73 feet) to a capped 5/8 inch iron rod found for the beginning of a tangent curve to the right; THENCE, SOUTHERLY, continuing along said lines and the arc of said curve to the right having a radius of 904.93 feet, a central angle of 040 08'31", a chord beari.ng South 01°05'04" West for 65.40 feet, for an arc distance of 65.42 feet to a capped 5/8 inch iron rod found for the Southeast corner of said called 0.9387 acre tract; THENCE, NORTH 89°58' 49" WEST, departing said lines and along the South line of said called 0.9387 acre tract, a distance of 17.52 feet to the Northeast corner and poxm OF BEGXNNXNG of the herein described tract; Page 1 of :2 EXHIBIT A THENCE, SOUTH 00°01'11" WEST, departing said line, a distance of 9.60 feet to the southeast corner of the herein described tract; THENCE, NORTH 89°58'49" WEST, a distance of 44.00 feet to the Southwest corner of the herein described tract; THENCE, NORTH 00°01'11" EAST, a distance of 9.60 feet to the Northwest corner of the herein described tract in the South line of said called 0.9387 acre tract; THENCE, SOUTH 89°58' 49" EAST, along said South line a distance of 44.00 feet to POINT OF BEGINNING; CONTAINING an area of 0.0097 acres or 422 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 accompanying plat represent an actual survey made on the ground under my supervision. dyc.Jl, X 􀁾􀁛􀀩􀁏􀀠2-Z7.....oSt AYub R. Sandhu, R.P.L.S. Texas Registration No. 2910 Page 2 of 2 ------------------I 1/2" IRON ROD \ CAl.l.EO 􀀲􀀮􀁾􀀻􀀲􀂷􀀠AC. j-.-----. -. ----;;il.':"S!' w· -_._--------FUTtiRE-ARAPNfOROAD·· CALLED 0.9387 AC. _-VOl.. 2003042, PG. 09808 -O;R.D.C;T;_.. '.' EXHIBIT A DAU::AS AREA RAPID TRANSIT·W.!MI. WD'if"if' 􀀤􀁉􀁕􀁊􀁉􀁆􀂫􀁗􀁾􀁜􀁦􀀠PROPERTY ACQUISITION CORPORATION 􀂣􀀢􀀱􀀱􀁾􀁀􀁀􀀠(I00' R.O.W.) DECEMBER 27, 1990 VOl.. 91008, PG. 1390 D.R.D.C. T. fND. _._-J. H. CROUCH .fi. ANr1' 􀀱􀀬􀁾􀀠·l 􀁾􀁄􀁾􀁓􀁃􀁒􀁏􀁕􀁃􀁈􀀠􀁾􀀮􀀠 AUGUST 4, 1997 LOT 4VOl.. 97153, PG. 03286 REMAINDER OF" A SURVEYOR ADDITIOND.R.D.C.T. CAl.l.ED 3.4654 . 􀀬􀀬􀀺􀀬􀁾􀀠 ADDISON WEST LOT 6 MIDWAY CENlURION, •• TD. INDUSTRIAL PARK SURVEYOR ADDITION VOl.. 2002041, PG. 07792 VOL 79029, PG. 0984 ADDISON WEST D.R.D.C.T. D.R.D.C.T. INDUSTRIAL PARK MARCH 29, 1979 VOL 79130, PG. 2495 D.R.D.C.T. I HEREBY CERTIfY THAT THIS SURVEY WAS MADE ON THE GROUND, THAT THIS PLAT CORRECTLY NOTES: REPRESENTS THE FACTS fOUND AT THE TIME Of THAT THIS PROFESSIONAL SERVICE TO THE CURRENT TEXAS SURVEYORS STANDARDS ANIl SPECIFICATIONS A A CATEGORY lA, CONDITION II SURVEY. SURVEY AND ALL EASEMENTS SHOWN ARE TAKEN FROM THE PLATS INDICATED CONFORMS HEREON. THE SURVEYOR DID NOT ABSTRACT THE SUBJECT ASSOCIATION PROPERTY SO ALL EASEMENTS MAY NOT BE SHOWN. FOR ALL BEARINGS ARE REFERENCED TO THE NORTH RIGHT OF WAY UNE Of CENnJRION WAY, CALLED !; 89'51'55" E. ACCORDING TO • THE FINAL PLAT OF LOT 3, SURVEYOR ADDITION. RECORDED IN •VOL. n173, PAGE 135, D.R.D.C.T. A LEGAL DESCRIPTION OF EVEN Sl'RVEY DATE HEREWITH ACCOMPANIES THIS PLAT. UNE TABLE -i UNE BEARING CAllED DIST CAllED l1 S 00'58'35" E 13.57' L2 N89'58'49"W 17.52' L3 500'01'11"W 9.60' L4 N89'58'49"W 44.00' L5 Noo"O,'ll"E 9.60' L6 589'58'49"E 44.00' o , I, j I'. J '!k<> d it 13.73' ,. p"i,O.C. . 'J FND. 5/S" CAPP!!, 0􀀬􀁊􀁉􀁾􀁏􀀢􀀬􀀧􀀠ROOj I-􀁾􀀠',i:.; 􀁾􀀠􀁾􀀺􀀠... _. ,,""_. ;'-. "" .... 0; .... 6' SANITARY 􀁓􀁅􀁗􀁅􀁒􀁾􀁦􀁎􀁄􀀧􀀠CAPPED :...1 EASEMENT 5/8" IRON ROD :. ._.__ "4 ••__ •• _ ••__ • ____ • • ;...􀁾􀀠!.-􀀮􀁾􀀠􀀭􀁣􀁔􀁾􀁾􀀠PROPOSED EASEMENT f . ,• PARCE.L 7-E A PLAT OF A 0.0097 ACRE (422 SQ. FT.) TRilCT OF 􀁌􀁁􀁾􀁬􀁄􀀠 /1'-1 THE W.H. WITT SURVEY ASS TRACT NO. 1609 TOWN OF ADDISON DALLAS COUNTY, TE XAS 50 0 25 501-..... : ; 8 '" tl • 􀁾􀀠􀁾􀀠'" 0 '" '" GRAPHIC SCALE 1 INCH = 50 FT. •• , ! Ii f d 100 I I .. COWLES &THOMPSON.gsa " A Professional Corporation􀁾􀀭􀁹􀀠ATTORNEYS AND COUNSELORS1978-2003 ANGELA ItWASHINGTON 214.672.2144 AWASHINGTON@COWLESTHOMPSON.COM October 31, 2003 VIA FACSIMILE (214) 855-8848 AND REGULAR MAlL Ms. Patricia A. Shennan Bruce, Esq. Vice President Republic Title ofTexas, Inc. 2626 Howell Street, 10th Floor Dallas, TX 75204-4064 RE: Parcel 10 (4125 Centurion Way, L.P.), Arapaho Extension of Road Project Your File No. GF 02R14044/SJ6 Dear Patricia: Enclosed is the Agreed Judgment entered by the Court regarding the above-referenced property. This Judgment should be sufficient to transfer the property and release any portion ofthe drainage easement that is not obtained by the Town of Addison in fee simple. Please set a closing date, prepare closing statements, and any other necessary documents at your earliest convenience. Thank you for your assistance. Sincerely, 􀀣􀁊􀀡􀁾􀁲􀀠 Angela K. Washington AKW/yjr Enclosure c(wlEnc.): Mr. Bill Blackburn Mr. Mike Murphy Mr. Steve Chutchian (w/o Enc.) Mr. Ken C. Dippel 901 MAIH STREET SUITE 4000 DALLAS, TEXAS 75202·3193 o All A S T Y L E R TEL 214.b72.20ao FAX 214.612.2020 WWW.COWlESTHOMPSON.COM CAUSE NO. 63-2155-C TOWN OF ADDISON, § IN THE COUNTY COURT Plaintiff § v. § § AT LAW NO.3 nm'----........! § 4125 CENTURION WAY, L.P., et al. § Defendants § DALLASCOU I AGREED JUDGMENT ON THIS DAY in the above entitled and munbered cause came the TOWN OF ADDISON, referred to in this Judgment as Plaintiff, by and through its attorneys of record, and came Defendant Landowner; referred to as Defendants, by and through their respective attorneys of record, and the parties having presented evidence as well as an agreement for compromise and settlement to the Court, and the Court having considered the same, together with the pleadings on file in this cause, made the following determinations and findings: That Plaintiff filed with this Court on February 24, 2003, a Petition in Condenmation wherein it prayed for the acquisition, through proceedings in eminent domain for a fee simple parcel of land, consisting of 15,960 square feet or 0.3664 acres for the construction, relocation, and extension of Arapaho Road, a public street in Addison, Texas, and for a Temporary Construction Easement; That this Court appointed three disinterested freeholders who reside in Dallas County, Texas, as Special Commissioners, who subsequently met, took their oaths of office, set a date for the hearing before the Commissioners and caused notice of that hearing to be served as prescribed by law; That Plaintiff filed with this Court on August 27, 2003, its First Amended Original Petition in Condemnation wherein Plaintiff again prayed for a fee simple parcel of land, AGREED JUDGMENT -Page I DocI.llM1t'.I0707l2 consisting of 15,960 square feet or 0.3664 acres for the construction, relocation, and extension of Arapaho Road, a public street in Addison, Texas; enlarged the Temporary Construction Easement area prayed for to allow for reconfiguration and re-striping of the parking lot on the remainder; and added Defendants Miller Park 􀁁􀁳􀁳􀁯􀁾􀁩􀁡􀁴􀁥􀁳􀀠Limited Partnership and Texas Capital Bank, National Association; That after an agreed resetting of the Commissioners' hearing from June 5, 2003, to August 27, 2003, the Commissioners rendered their decision in writing, awarding the sum of FORTY SEVEN THOUSAND TWO HUNDRED THIRTY-FOUR DOLLARS AND NO/IOO ($47,234.00) to Defendants; That all prerequisites have been completed and all preliminary steps have been taken to confer jurisdiction on this Court, whether or not listed specifically in this Judgment, and that this cause is regularly in this Court for trial and disposition; That Plaintiff has the right to condemn and acquire the property sought in this proceeding and described in Plaintiffs First Amended Original Petition in Condemnation on file in this cause, said petition being attached to this Judgment as Exhibit A and incorporated by reference; That Plaintiff, for purposes of avoiding damages during construction, adopted Ordinance No .. 003-024 on August 12,2003, attached hereto as Exhibit B, authorizing parking along street right-of-way in the 4100 Block of Centurion Way (which block constitutes the entire length of Centurion Way) from November 1, 2003 through November 30, 2005, and providing that the City Council may by resolution extend the allowance of such parking for a time period up to May 31, 2006, if the construction, relocation and extension of the roadway for which the property is acquired is not complete by November 30, 2005, and the City Council determines that such construction continues to affect parking for businesses located on Centurion Way; AGREED JUDGMENT -Page 2 Doo.lmerrt Ii. 10707J2 That the only matters at issue between Plaintiff and Defendants in this cause is the market value of the property condemned and acquired, and damages, if any, to the Defendants' remaining property; That the parties have agreed that this cause should be compromised and settled for the total amount of FORTY SEVEN THOUSAND TWO HUNDRED THlRTY-FOUR DOLLARS AND NO/IOO ($47,234.00), an amount representing full and complete payment for the value of the land and improvements acquired in fee, for the Temporary Construction Easement and for any and all damages that may be due to Defendants as a result of Plaintiff's acquisition of the property; That as additional consideration for the approval and acceptance of this Agreed Judgment, the parties agree to the following terms: The Condemnor TOWN OF ADDISON shall reconfigure and re-stripe the parking area on the remainder as shown on Exhibit C, which reconfiguring and re-striping will comply with the Code of Ordinances of the Town of Addison. Additionally, because the Town's fee simple acquisition pursuant to these proceedings and the design of the culvert to be used for drainage purposes will reduce the amount of area needed for drainage purposes, the Town will release any portion of its current drainage easement area not acquired in fee simple herein to the underlying fee owner. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED by this Court: I. That the 15,960 square feet or 0.3664 acres described in Plaintiff's First Amended Original Petition in Condemnation on file in this cause, said description attached hereto as Exhibit D to this Judgment, be and are hereby vested out of all LANDOWNERS and the other AGREED JUDGMENT -Page 3 no..ument 􀁉􀁉􀁾􀀠1010732 l62 \63\ named Defendants and are hereby vested in the TOWN OF ADDISON, a municipal corporation, in fee simple. II. That any portion of the 50' drainage easement currently owned by the Town of Addison and described in this paragraph that.,is not located over, under, or through the property herein awarded to the Town in fee simple is released to the fee owner ofthe property over, under, or through which the easement exists. Said easement being described by reference in a General Warranty Deed, Bill of Sale and Assigrunent of Leases and Contracts, filed of record on the 12th day of October, 1983, in Volume 83200, Page 558 as follows: Fifty foot (50') drainage easement running east and west thirty feet (30') south of north line of tract and a three foot (3') proposed sanitary sewer along entire east property line as shown on Powell & Powell Engineers Survey dated January, 1979. III. That a Temporary Construction Easement as described in Exbibit E, attached hereto to be used during construction for work areas including the removal of improvements 􀁬􀁯􀁣􀁡􀁴􀁾􀀠within the right-of-way being acquired, for other related construction uses and for reconfiguring and re-striping the parking lot on the remainder is hereby vested in the TOWN OF ADDISON, a municipal corporation, for such purposes for a period of thirty (30) months in duration, said months to run from the date of possession by the Plaintiff of the easement, and to expire automatically on the completion ofthe thirtieth (30th) month after possession by Plaintiff. IV. That the Defendant LANDOWNERS, 4125 Centurion Way, L.P., Williams Winslow, L.L.C., John A. Winslow, individually and as officer of Williams Winslow, L.L.C., Comerica Bank-Texas, John M. Killian, Trustee, C.E. Seal II, Trustee, Harbour Group, Inc., Miller Park AGREED JUDGMENT -Page 4 Oo.:umen\ #: 1010732 lGZ \G32 Associates Limited Partnership, Texas Capital Bank, National Association, Tax Assessor-Collector of Dallas County, and Dallas Independent School District are jointly entitled and hereby awarded a judgment against Plaintiff in the total amount of FORTY SEVEN THOUSAND TWO HUNDRED THIRTY-FOUR DOLLARS AND NO/IOO ($47,234.00) less any and all amounts necessary to convey clear title by way of the payment andlor satisfaction of . all taxes, liens, and any other encumbrances on the Subject acquired property. v. IT IS HEREBY ORDERED AND ADJUDGED by this Honorable Court that the Defendant Landowners and taxing entities shall be entitled to withdraw from the Registry of the Court FORTY SEVEN THOUSAND, TWO HUNDRED THIRTY-FOUR DOLLARS AND NO/IOO ($47,234.00) to the extent of their respective interests in the event said amount is deposited into the Registry ofthe Court due to the inability of the title company (such company to be chosen by the Plaintiff) to obtain all necessary releases or disclaimers to clear and insure insure title to the property, and that no further order shall be required ofthe Clerk before the issuance of the check payable to the Defendants, save and except the statutory fees for withdrawal of monies from the Court's Registry. Ifthe chosen title company is able to obtain aU releases or disclaimers necessary to clear and insure title to the property, deposit of the funds into the Registry of the Court will not be necessary. VI. That all costs of Court incurred in this cause be taxed against the party incurring same. That the Plaintiff, TOWN OF ADDISON, has fully paid the cost of filing suit, costs of process, the costs provided for in the Commissioners' Cost Bill; payment of such expenses is herein acknowledged. It is expressly understood that the Plaintiff, TOWN OF ADDISON, shall bear all AGREED JUDGMENT -Page SDoelunW., 1010732 costs associated with the closing on this Subject Property with the title company of its choice should it deem such costs reasonable or necessary, in its sole discretion. VII. It is further agreed by the tenns of the Judgment that all attorneys' fees incurred in the prosecution and/or defense ofthis action shall be borne by the party incurring same. SIGNED this ;'7 day of 􀁯􀁤􀁾2003. 􀁾􀁾􀁾JUf.f(Ji,1;nty Court at Law No. , Dallas County, Texas APPROVED AS TO FORM AND AGREED AS TO SUBSTANCE: By: lOOB-)utr"--'-'WILLIAM M. BLACKBURN State Bar No. 02390000 9400 n. Central Expressway, Suite 1616 Dallas, Texas 75231 (214) 368-7911 (Telephone) (214) 265-7008 (Telecopier) COUNSEL OF RECORD FOR DEFENDANTS 4125 CENTURION WAY, L.P. and MILLER PARK ASSOCIATES LIMITED PARTNERSHIP 􀁂􀁙􀀺􀁾􀀭􀁉􀁃􀁕􀁦􀀩􀀠;> KENC.DIPP L State Bar No. 05893000 City Attorney for Town ofAddison ANGELA K. WASHINGTON State Bar No. 20897155 Assistant City Attorney for Town of Addison COWLES & THOMPSON, P.C. 901 Main Street, Suite 4000 Dallas, Texas 75202 (214) 672-2000 (Telephone) (214) 672-2020 (Telecopier) ATTORNEYS FOR PLAINTIFF TOWN OF ADDISON AGREED JUDGMENT -Page 6 Doeutnent 1#: IOt07];!. EXHIBIT A P.10F15 i.. _ t 􀁾􀀠.." _. ,.., ...CAUSE NO. 03-2155-C -/IN THE COUNTY COURTTOWN OF ADDISON § t}··§ "--. v. § AT LAW NUMBER 3 -. . '.-;-:--§ -4125 CENTURION WAY, L.P.. ET AL. § DALLAS COUNTY, TEXAS PLAINTIFF'S FIRST AMENDED ORIGINAL PETITION IN CONDEMNATION TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW the Town of Addison, hereinafter referred to as Plaintiff, having by law the right of eminent domain and power of condemnation, acting herein by and through its duly elected City Council (the "Council"), for and on behalfofthe Town ofAddison, and files this its First Amended Original Petition In Condemnation complaining of 4125 Centurion Way, L.P,; Williams Winslow, L.L.C.; Jolm A. Winslow, individually and as officer of Williams Winslow, L.L.C; Comerica Bank-Texas; Jolm M. Killian, Trustee; C. E. Seal, n, Trustee; and Harbour Group, Inc., hereinafter referred to as Defendants; and for cause of action Plaintiff respectfully represents to the Court as follows: 'i I. The Plaintiff, Town of Addison, a municipal corporation, has detennined that the public necessity requires that certain land should be acquired from the Defendants herein. n. The Defendants are owners or claimants of some current or possible interest in the property being acquired who have been identified by diligent search by Plaintiff. Their respective addresses for service ofprocess are: 4125 Centurion Way, L.P. 4125 Centurion Way Addison, Texas 75001 Williams Winslow, L.L.C. PLAINTIFF'S FIRST 􀁾􀁍􀁅􀁎􀁄􀁅􀁄ORIGINAL PE'I1TION IN CONDEMNAnoN _ P.,.1 EXHIBIT A P.20F15 4125 Centurion Way, Suite 200 Addison, Texas 75001-4347 John A. Winslow 4125 Centurion Way Addison, Texas 75001-4347 Comerica Bank-Texas do Marge Owen 1508 W. Mockingbird Lane MlC 6535 Dallas, Texas 75235 John M. Killian, Trustee Comerica Bank 3551 Hamlin Road MlC 7410 Auburn Hills, Michigan 48326 Melinda Chausse Comerica Bank-Texas 160 I Elm Street, 4'h Floor M/C 6507 Dallas, Texas 75201 C. E. Seal, II, Trustee 5005 LBJ Freeway, Suite 170 Dallas, Texas 75244 C.E. Seal, II, Trustee 5814 Joyce Way Dallas, Texas 75225 Harbour Group, Inc. 4125 Centurion Way, Suite 200 Addison, Texas 75001-4347 Miller Park Associates Limited Partnership, a Texas limited partnership by MJO Properties, Inc., a Texas Corporation, its General Partner through its president and representative Michael J. Ochstein Texas Capital Bank, National Association 2100 McKinney, Suite 900 Dallas, Texas 75201 PLAIKTIFf'S FIRST AMENDED ORIGINAL PtTIT/ON IN CONDEI\INATION -Page 2 \62 \636 EXHIBIT A P. 3 OF 15 Dallas County, Texas Earl Bullock, County Clerk Records Building, 2nd Floor Dallas, TX 75202 Dallas Independent School District 3700 Ross Avenue Dallas, TX 75204 ill. The public purpose of the acquisition is for the construction, relocation and extension of Arapaho Road, a public street in Addison, Texas, as well as for a temporary construction easement to ,be utilized in the building of said street and for such other purposes as described herein for a period ofthirty (30) months. IV. The Addison City Council has by resolution determined that a fee simple estate is necessary for the construction, relocation and extension ofthe above-specified new street project The land to be acquired in fee will be used for such purposes as specified in Paragraph II!. The temporary construction easement will be used for thirty (30) months from the date ofpossession by Plaintiff as specified in Paragraph VII and returned to the owner thereof v. Plaintiff is entitled to condenm the fee title in such land land for said purposes and asks that it be condemned for such purposes. VI. The fee simple estate being acquired for the street is described in Exhibit "A," attached hereto and made a part ofthis petition for all purposes. PLAINTIFF'S fiRST AMENDED ORIGINAL PETlTlON IN CONDEMNATION _ Page 3 l62 \637 EXHIBIT A P.40F15 VII. Exhibit "B," attached hereto and made a part of this petition for all purposes, describes a temporary construction easement to be used during construction for work areas including the removal of improvements located within the right-of-way being acquired, for other related construction uses and for 􀁲􀁥􀁣􀁯􀁮􀁦􀁩􀁾􀁮􀁧􀀠and re-striping the parking lot on the remainder as shown on Exhibit "c." attached hereto and made a part hereof, which reconfiguring and re-stripping will comply with the Code of Ordinances of the Town ofAddison and avoid possible damages to the remainder. All improvements will be removed from the temporary construction easement and it will be returned to its pre-existing grade and condition except that no improvements will be reconstructed thereon other than those parking area improvements on the remainder shown on Exhibit "C:-This temporary construction easement will be thirty (30) months in duration. said months to run from date of possession by the Plaintiff of the easement, and to expire automatically on the completion of the thirtieth (30'h) month after possession by Plaintiff. VIII. Further to avoid andlor minimize any potential claims of permanent damages to the remainder by the present or future owners of the subject property, the Town of Addison has provided to the Landowners the parking scheme hereinabove described and provided as Exhibit "e" to this action. The Town of Addison v.ith Landowner's consent shall agree to repave and re-stripe the parking areas depicted in such Exhibit "C." Further, as an inducement to such Agreement, the Town of Addison herein represents and maintains that this parking scheme is in accordance with all existing and current ordinances that provide the parking regulations for uses to which the subject property is currently zoned and being utilized and occupied by the Landowners. PLAII>iTIFF'S FIRST AMENDED ORIGINAL I'ETrrlON IN CONDEMNATION -l'og04 EXHIBIT A P.50F15 IX. Plaintiff would show that additionally, in an effort to avoid damages during construction. the City Council of the Town of Addison adopted Ordinance No. 003-024 on August 12, 2003. attached hereto as Exhibit "D," authorizing parking along street right-of-way in the 4100 Block of Centurion Way (which block constitutes the entire length of Centurion Way) from November 1. 1003 through November 30, 2005, and providing that the City Council may by resolution extend the allowance of such parking for a time period up to May 31, 2006, jf the construction. relocation and extension of Arapaho Road is not complete by November 30, 2005, and the City Council detemlines that such construction continues to affect parking for businesses located on Centurion Way. X. Plaintiff would show, that prior to the filing of this action through its duly authorized agents. it made bona fide attempts to purchase the required property from the defendant owners, that Plaintiff offered the fee owner fair market value value as compensation for the property to be acquired, including 'damages to the remainder, if any, and that the parties have been unable to agree upon the sums to be paid for the purchase of this land or damages occasioned by the acquisition of the land and improvements, if any. Plaintiff would further show that as a part ofits good faith negotiations, Plaintiff offered to reconfigure and re-stripe the parking area on the remainder as discussed in Paragraph VII and Paragraph VIII to this pleading. In addition, Plaintiff adopted Ordinance No, 003-024, providing for parking along street right-of-way, as discussed in Paragraph IX. Ifthe parities are unable to reach agreement, Plaintiff would ask that special commissioners in this cause be asked thereafter to assess all amounts due to Defendants for the part taken and damages, ifany, PLAINTIFF'S FIRST AMENDED ORIGINAL PETmON IN CONDEMNATION _ PalO 5 \02 EXHIBIT A P. 6 OF 15 XI. Plaintiff has named all known record owners of the land to be condemned and any potential parties of interest. Plaintiff reserves the right to add additional parties if such interests should later appear. XII. On August 27, 2002, the City Council of the Town of Addison passed a resolution declaring that public convenience and necessity require that the property described in Exhibit "A" be acquired for the public purpose of construction, relocation, and extension of a public street. to wit Arapaho Road. The resolution further authorized the filing of the condemnation suit on behalf ofthe Plaintiff as provided by law: WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that Special Commissioners heretofore appointed determine the compensation to be awarded to the Defendants, that a hearing be held as the parties that were properly noticed agreed, such to occur on August 27, 2003 and the Commissioners render an award to be filed with the Court, that writ of possession issue to Plaintiff and that upon final trial, ifsuch be necessary, Plaintiff be awarded a judgment vesting fee simple title to the land described in Exhibit "A" in the Town of Addison, granting a construction easement in the land described in Exhibit UB" for thirty (30) months from the date of possession, and that fair market compensation including damages, if any, be awarded to Defendants. Plaintiff further prays for costs ofcourt and for such other and further relief, both general • and special, as Plaintiff may be entitled to receive. PlAINTIFF'S FIRST AMENDED ORIGINAL PETITION IN CONDEMNATION -Page 0 EXHIBIT A P. 7 OF 15 Respectfully submitted, COWLES & THOMPSON, P.C. 901 Main Street, Suite 4000 Dallas, Texas 75202 (214) 672-2000 Fax: (214) 672-2020 Ken C. Dippel City Attorney for Town ofAddison State Bar No. 05893000 Angela K. Washington Assistant City Attorney for Town ofAddison State Bar No. 20897155 LAW OFFICES OFBOYLE & LOWRY, P.C. "f\' 􀁾􀀠By: <:> \o...S.. TRIAL ATTORNEY FOR PLAINTIFF TOWN OF ADDISON, TEXAS H:\OC'onner\4125 Centurion Way\h:tAmended PIC.DOC 􀁐􀁌􀁁􀁉􀀬􀁾􀁔􀁬􀁆􀁆􀀧􀁓􀀠FIRST AMENDED ORIGINAL fETmON IN CONDEMNATION _ fage 7 EXHIBIT A P. 8 OF 15 EXHIBIT A EXHIBIT A P. 9 OF 15 Parcel 10 tield Note Description Arapaho Road Project Town of Addison Dallas County, Texas 8SHJG a description of a 0.3664 acre (15,960 square foot) t rae!: 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. 37 13 acre tract of land (designat:ed "Tract 1") conveyec 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 particulaC"ly described by metes and boundS as follows; BEGINNING at an "X" in concrete set in the proposed North right of way line of Arapaho Road and the South right of way line of a 100 foot wide railroad right of way as conveyed to Dallas Area Rapid Transit Property Acquisition Corporation (herein referred to as DART) on December 27, 1990 and recorded in Volume 91008, Page 1390 of said Deed Records, said point being the commor] 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 :he Town of Addison, as evidenced by the plat dated October 29, 19a: and recorded in Volume 83017, Page 2268 of said Deed Records; THENCE, SOUTH 00·08'05" WEST, departing said lines and along 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, ,; 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 " called 1.103 acre tract of land conveyed to Bullough/Lykos Office Building No.1, L. P. on June ll, 1998 and recorded 1:1 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, a:= evidenced by the plat dated February 7, 1979 and recorded i:'. Volume 79053, Page 0620 of said Deed Records; Page of 2 EXHIBIT A P.100F15 PARCEL 10 -ARAPAHO ROAD PROJECT THENCE, NORTH OO·OB' 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 c 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 􀀺􀀺􀀺􀁡􀁾􀁬􀁥􀁤􀀠l.103 acre tract, from said point a 1/2 inch .!.ron rod :cund bears South 45"10'16" Easb a distance of 0.38 feet THENCE, SOUTH 89°58'49" EAST (called EAST), departing 􀁳􀁡􀁾􀁯􀀠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 (called 202.11 feet) to the POINT OF BEGrNNING; 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 13S, Deed Records of Dallas County, Texas. A plat of even survey date herewith accompanies chis 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. M/. ji#roposed North right of way line of Arapaho Road and ·the South right of way line of a 100 foot wide railroad right of way as conveyed to Dallas Area Rapid Transit Property Acquisition Corporation (herein referred to as DART) on December 27, 1990 and recorded in Volume 91008, Page 1390 of said Deed Records; TNENCE, SOUTH 00°08'05" WEST, departing said lines and along 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 point in the proposed South right of way line of Arapaho Road for the Northeast corner and POmT OF BEGINNING of the herein described tract; THENCE, SOUTH OO·OB' 05" WEST, continuing along said cornman line, a distance of 55.00 feet to the Southeast corner of the herein described tract: Exhibit B Page 1 of 2 '. EXHIBIT A P. 12 OF 15 PARCEL 10-TE -ARAPAHO ROAD PROJECT THENCE, NORTH 89°58' 49" WEST, departing said common line, a distance of 202.14 feet to the Southwest corner of the herein described tract and being 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 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 Volume 79053, Page 0620 of said Deed Records; 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 55.00 feet to the Northwest corner of _the herein described tl?act and being in the said_proposed South right o-f 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 way line cf Arapaho Road, a distance of 202.14 feet (called 202.11 feet) to the POINT OF_BEGINNING; CONTAINING an area of 0.2552 acres or 11,118 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. 􀁾􀁾􀂣􀀧􀀮􀁾...-"1\ &'-.11'-AZ 􀁾R. Sandhu, R.P.L.S. Texas Registration No. 2910 Page 2 of 2 1110 C(l{) ... "_LL r-:eM 􀁴􀀱􀁾􀀠 4S ....0-c-J ....0 :'''1 ,(, .\.4. 􀀬􀁻􀀬􀀬􀀨􀂷􀀮􀀧􀁩􀁩􀀱􀀩􀀮􀁪􀁜􀁾􀀻􀂷􀂷􀀢􀀢􀀱􀀺􀁴􀀻􀁾􀀮􀀬􀀪􀁜􀀼􀀺􀀬􀀺􀀬􀀻􀁫􀁾􀁩􀀧􀀠('""f. 􀁊􀁾􀀢􀀧􀀻􀀮􀀻􀀢􀀧􀀮􀀣􀀮􀀠􀀢􀀻􀀧􀀬􀁦􀀮􀀻 􀁾􀀢􀀩􀀻􀀢􀁾􀀠􀀢􀀢􀀻􀀱􀀮􀀻􀀺􀀮􀀬􀁾􀀮􀀠􀁾􀀬􀁾􀀡􀁟􀁉􀀠􀁾􀀻􀀻􀀡􀀴􀁟􀀬􀀺􀀬􀁩􀀠i¥:' \ or.; 􀀧􀀺􀀺􀀧􀁾􀁾􀀬􀀺􀀧􀀠.,' ",-'1""" ""!' ,--.....--•.􀁾􀁾􀀠􀁾􀀬􀀬􀀭􀀭􀀭􀁾􀁾􀀠•••••..---.􀁾..􀁾􀀠.lUll .. /; 􀁾􀁦􀁾􀀧􀁾􀀧􀀠􀀬􀁾􀀮'!lI!IlPOSED ARWAHORO,􀀬􀁾􀁜􀁜..> r HIHllIl . \ '--,-'---:'-,--,,-il....;;:;t,t---..􀁾􀀮􀁾􀁟􀀭􀀧-..􀁵􀁾... yt"' _}:'·.... -/'L· ... '􀀻􀂷􀁾􀁩􀀠" 􀀮􀀼􀁉􀁾􀀠􀀱􀁾􀀱􀁬􀀧􀀢􀀢􀁾􀀮 􀁩􀀴􀀧􀀠' ,.' 􀀮􀁾􀀭􀁣􀀠;.􀁾􀁾􀀺􀀧􀁲􀀠􀁾􀁾􀁩􀁦􀀢􀁾if, 􀁾􀀠.'. iii-II" .• 401l1ll<1IlI •.. .. 􀀢􀁉􀀧􀀧􀀧􀁾􀀮􀀠4 􀁾􀀠1 . 􀀧􀀬􀁾􀁾􀀠,: 􀀺􀁾􀀠􀁾􀀠gil CAI.l£O 􀀱􀀮􀁮􀁾􀀠􀁾􀁣􀀮􀀠INlERIiESTiP. . I', '. " .... "" 􀁴􀀮􀁪􀀯􀁃􀁦􀀡􀀮􀁵􀁾􀀧L B.SQjJFF. 􀀡􀁬􀁕􀁬􀁬􀁾􀁁􀀮􀀮􀀡􀁊􀁊􀀡􀀺􀁾􀁣􀁅􀀠COMPANI.S ADDlllON ,'.t '. 'J: .,'; I'file """,' 'IE' ,''1; ". • '_"_ ",', :,"' "OC'fOBER 29. 1982 '. .,' ,.. ,. , ' '". 􀁾􀁕􀁉􀁉􀁊􀀱􀁬􀁴􀁬􀀮􀀠􀀧􀀺􀁾ItlIIi jjG;:l.:L.e. ." ';f)'.􀀺􀀧􀀮􀁉􀁬􀁾􀂷􀀴􀁬􀁩􀁔-" 􀀲􀀰􀀲􀀮􀁈􀁾􀀠, ""Al:iGt.􀀧􀁾􀁔􀀧JT 􀁾􀁬􀁩􀁩􀁩􀀱􀀲􀀠'IOL' 83017.: Pc. '2268 "',.:;',;.': .: :'􀀢􀀧􀀭􀁾􀀾􀁁􀀧􀁉􀀼􀀢􀀱􀀹􀁑􀁑􀀢􀀢􀀠, ",:": , Yt:i.;."d 12. P.c-2888 . 􀂷􀁄􀀮􀁾􀀮􀁏􀀮􀁢􀀮􀀮􀁔􀀮􀀠. . ;", '. Or,:, ':"-i;;,􀀮􀀧􀀮􀀢􀁾􀀮􀀠r;f-.:.:; 􀀧􀁾􀀧􀀠:::.':{ ;-:"' ,Vii 􀀺􀀱􀁬􀀧􀁬􀁬􀁴􀁓􀀻􀀮􀁾􀀠􀁩􀁬􀁬􀀹􀀹􀁾􀀠, " 􀁾􀂷􀁄􀀮􀁒􀀮􀁴􀁩􀀮􀁣􀀻􀁔􀁾􀀠'. " ... ' '. "; \:.',1,.• 􀀮􀁾􀁾􀀮􀀭􀁃􀀺􀁔􀀺􀀠CAU.ED 1.3713 Ac;. "4125 t:E:NlURiON WAY. lJ'.'lpT. i·" , . -tRACT 1SURVI! YOR AooI11DN. .JJNE' 18,' 1998AQOI,PN WEST 'IOl. 98121, PO. 001118INb'USmlAL PARK D.R.D.C.T.fEBRUARY 7, 1979 VOL 79053, PO. 0620 D.R.D.C,T. NQlES: 'i , " .. 'AU. EASEMENTS SHOWN ARE TAXEN FROM THE PlATS INOICATED' "EREON. 111. SURVEYOR 010 NOT ABSl1lACT TH' SUBJECT ' PRoPERTY so ALL EASEMENTS MAY NOT BE SHOWN. " Ali. !IE ARINGS ARE REFERENCED TO THE NORTH RIGHT Of WAY UNf'Of" CENtuRION WAY; CALLEO S 69'5,'55" E. ACCORDJNG 10 DE NOlES A FOUND POINT AS IND1CAlED THE 'FINAL PLAT OF lOT 3, SURVEYOR AOOl110N, RECORDED IN • DENOlES A S/fl' IRON ROO SET UNLESS VO!" 77173; PAGE 135, O.R.D,C.T. Ol1'lERWISE NOlED ---PROPOSED RIGHT CI' WAY UNEA, LEGAL DESCRiPllON OF EVEN SURVE Y DAlE 􀁈􀁅􀁾􀁗􀀱􀁔􀁈􀀠ACCOMPANIES TIllS PLAT. __ -. i I 􀀮􀁾􀁺􀀠I r.. l .... I· . I I EXHIBIT A P.140F15 i' · · · · i i • ," :: : 􀁾􀀠􀁾􀀠I􀁾􀁾􀀺􀁾􀀮􀀢􀀠i:' ..----;-,-, .......... ..I....... .... : • !,... -􀁾􀀮􀀠I I I , I , ,, I 􀁾􀀠I'I • Exhibit C EXHIBIT A P. 15 OF 15 ORDINANCE NO. 003"{)24 AN ORDINANCE OF THE CITY COUNCIL OF THE TOWN OF ADDISON, TEXAS AUTHORIZING PARKING ALONG STREET IUGHT-OF-WAY IN THE 4100 BLOCK OF CENTURION WAY FOR A DEFINED TIME PERIOD; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Addison, Texas is currently in the process of acquiring property for the construction, rclocation and extension ofArapaho Road, a public street in Addison, Texas; and WHEREAS, such construction, relocation and extension could affect available off-street parking for certain businesses located on Centurion Way within Addison, Texas; and WHEREAS, the City Council of the Town of Addison, Texas is of the opinion that the best interest and welfare of the public is served by allowing parking along street right-of-way in the 4100 block of Centurion Way during such construction to lessen any affect the construction might have on available off-street parking for businesses located on Centurion Way; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE TOWN OF ADDISON, TEXAS: Section I. That except during the hours between 2:00 a.m. and 6:00 a.m., parking is nllowed along street right-of-way in the 4100 block of Centurion Way beginning November 1,2003 through November 3D, 2005. Section 2. That if the construction, relocation and extension of Arapaho Road is not complete by November 30, 2005, and the City Council determines that such construction continues to affect parking for businesses located on Centurion Way, the Council may by resolution extend the allowance of parking along street right-of way in the 4100 block ofCenturion Way as provided herein for an additional time period, said time period not to extend beyond May 31, 2006. Section 3. That this ordinance shall take effect immediately upon passage and it is so ordained. . DULY PASSED BY THE CITY COUNCIL OF THE TOWN OF ADDISON, TEXAS, this 12m day of August, 2003. R. Scott Wheeler, Mayor City Attorney OFFICE OF THE CITY SECRETARY ORDINANCE NO. 003-024Exhibit 0 • \62 􀁜􀀶􀁾􀀹􀀠 EXHIBIT B P.1 OF 1 ORDINANCE NO. 003-024 AN ORDINANCE OF THE CITY COUNCIL OF THE TOWN OF ADDISON, TEXAS AUTHORIZING PARKING ALONG STREET RIGHT-OF-WAY IN THE 4100 BLOCK OF CENTURJON WAY FOR A DEFINED TIME PERIOD; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Addison, Texas is cum:ntly in the process of acquiring property for the construction, relocation and extension ofArapaho Road, a public street in Addison, Texas; and WHEREAS, such construction, relocation and extension could affect available off-street parking for certain businesses located on Centurion Way within Addison, Texas; and WHEREAS, the City Council of the Town of Addison, Texas is of the opinion that the best interest and welfare of the public is served by allowing parking along street right-of-way in the 4100 block of Centurion Way during such construction to lessen any affect the construction might have on available off-street parking for businesses located on Centurion Way; Now, Therefore. BE IT ORDAINED BY THE CITY COUNCIL OF THE TOWN OF ADDISON, TEXAS: Section 1. That except during the hours between 2:00 a.m. and 6:00 a.m., parking is allowed along street right-of-way in the 4100 block of Centurion Way beginning November 1,2003 through November 30, 2005. Section 2. That if the construction, relocation and extension of Arapaho Road is not complete by November 30, 2005, and the City Council determines that such construction continues to affect parking for businesses located on Centurion Way, the Council may by resolution extend the allowance of parking along street right-of way in the 4100 block of Centurion Way as provided herein for an additional time period, said time period not to extend beyond May 31, 2006. Section 3. That this ordinance shall take effect immediately upon passage and it is so ordained. DULY PASSED BY THE CITY COUNCIL OF THE TOWN OF ADDISON, TEXAS, this 12'11 day of August, 2003. R. Scott Wheeler, Mayor ATTEST: OFFICE OF THE CITY SECRETARY ORDINANCE NO. 003"()24'1'62 1650 l,:li ;􀁾􀁬􀀠! :;jl: 1111 1I',,' ,n ,.,' ' r I ii! Iti 􀁾􀀠: i:I' { 􀀧􀁾􀁉􀀠t 􀁾􀀫􀀠,':,il iILt , i I'j ! \ 1,1I ," 's !I 1 " 􀁅􀁘􀁨􀀮􀁾􀀮􀁲􀀠c P.1 OF 1 , I " , 􀀬􀀭􀀭􀀭􀁪􀀭􀁾􀀭􀀭􀁭􀁾􀀭􀁾􀀭􀀭􀀭􀀭􀀭􀀭 􀀭􀀭􀀧􀀺􀀧􀀢􀀡􀁬􀁾􀀠II i is':Ii 1"1=-"" n» ... 􀁬􀁬􀁾􀀠Ii ?'if'll;;j ::::::;; I,,· I,' 􀀭􀁲􀀮􀁾􀀠-.. : = 1..'I 􀀬􀁾􀀡􀀠􀀬􀁾􀀺􀀻􀀡􀀠.. ! j:, I' 1 ::..: 􀁾􀀻􀀠:-=/:1 I ii' i ,,' =􀁾􀀧􀁩􀁬􀀮􀀡􀀠: ! ':'1" ; , .; .I-=-,) I ' .", "'i -"'i 'Ii -I' •. 􀁾􀀺􀀭􀀽􀀭􀁉􀀢􀀧􀁾􀀮􀀾􀀠'I .• WI: ::I: I " . L-,.9<>' 􀁾􀁩􀀠􀁾􀀠Ii' Itl j ii:,f 􀀡􀁾􀀠􀁾􀀠;'I ,I 'i'... ' 􀁾􀀬􀀠...I: I! "I . ": 􀀬􀁾􀁉􀀻􀀭:,' II ' .,Il 􀀢􀁉􀁾􀀠􀀡􀀬􀀺􀁾􀁉􀁩􀀠I' , .", 0j"",-r,! , Jf' 1 􀁾􀀠I,􀁾􀀠.1 !: i . II;'T"':i 1;,i I I' -. '. "I ;': II , ",.J -I ! i l:l ' I ---I' 􀀮􀁾􀀭',' .------:-----I-----------------1 I ,I ,:\,', ' , 1,:j 􀁾􀀠+J++. Ii :,:Ii I II Ij : 1 II • I "t : 1,, ' 􀁾􀀠i i 􀁾􀁩􀀠I ) , ' --1=____ -:__ ::-.=-..::--:::::::__ .::.-::.-'-.''---------.i I ,, 1 􀁾􀀠II.. I EXHIBIT D P.1 OF 2 Parcel 10 Field Note Description Arapaho Road Project Town of Addison Dallas County, Texas aSrNG 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 ci3lled 1.3713 acre tract of land (designated "Tract 1") conveyed to 4125 Centurion Way, L.P. on June 1B, 199B and recorded in Volume 98121, Page 001BB of the Deed Records of Dallas County, Texas, said 0.3664 acre tract of land being more particularly described by metes and bounds as follows; BEGINNING a t an "X" in concrete set in the proposed North right of way line of Arapaho Road and the South right of way line of a 100 foot wide railroad right of way as conveyed to Dallas Area Rapid Transit Property Acquisition Corporation (herein referred to as DART) on December 27, 1990 and recorded in Volume 91008, Page 1390 of said Deed Records, said point being the commol} 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 29, 1982 and recorded in Volume 83017, Page 2268 of said Deed Records; THENCE, SOUTH DO"08'OS" WEST, departing said lines 􀁾􀁾􀁤􀀠along 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 d called 1.103 acre tract of land conveyed to Bullough/Lykos Office Building No. 1, L. P. on June June 11, 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 Volume 79053, Page 0620 of said Deed Records; Page Qf 2 I\tl2 1652 EXHIBIT D P. 2 OF2 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 E:ast 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 r-ailroad, said point being the common Northwest corner of said called 1.3713 acre tract and Northeast corner of said called L 103 acre tract, from said point a 1/2 inch iraq rod found bears South 45 °10' 16" Eas,t a distance of 0.38 feet THE:NCE, 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 (called 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. 4y&.K ji.....JG /1-1'7.-rr AyubR. Sandhu. R.P.L.S. Texas Registration No. 2910 Page 2 ::If 2 EXHIBIT E P.1 OF 2 Parcel 10-TE Field Note Description Arapaho Road Project Town of Addison Dallas County, Texas BEING a description of a 0.2552 acre (11,118 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 􀁣􀁾􀁬􀁬􀁥􀁤􀀠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 0.2552 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 29, 1982 and recorded in Vol'..lllle 83017,, Page 2268 of said Deed Records said corner being in the proposed North right of way line of Arapaho Road and ·the South right of way line of a 100 foot wide railroad right of way as conveyed to Dallas Area Rapid Transit Property Acquisition Corporation (herein referred to as DART) on December 27, 1990 and recorded in Volume 91008, Page 1390 of said Deed Records; THENCE, SOUTH 00·08'05H WEST, departinG said lines and along 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 point in the proposed South right of way line of Arapaho Road for the Northeast corner and POINT OF BEGINNING' of the herein described tractj THENCE, SOUTH 00·08'05" WEST, continuing along said common line, a distance of 55.00 feet to the Southeast corner of the herein described tract; ., Exhibit B Page 1 of 2 EXHIBIT E P. 2 OF 2· PARCEL 10-TE -ARAPAHO ROAQ PROJECT THENCE, NORTH 89°58'49" WEST, departing said common line, a distance of 202.14 feet to the Southwest corner of the herein described tract and being 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 􀁄􀁥􀁾􀁤􀀠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· Volume 79053, Page 0620 of said Deed Records; 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 55.00 feet to the Northwest corner of the herein described .tract and being in the· 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 way line of Arapaho Road, .a distance of 202.14· feet· (called 202.11 ·feet) to the POINT OF.BEGINNING; CONTAINING an area of 0.2552 acres or 11,118 square feet of land within the metes recited. All bearings are referenced to the North Right of Way line of Centurion W?1Y, 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 acc"ompanying plat represent an actual survey made on the ground under my supervision. 􀁾􀁾􀂣􀀮􀁾􀀢􀀬􀀮􀁑􀀾􀀠&'-.11'-A2 A b R. Sandhu, R.P.L.S. Texas Registration No. 2910 Page 2 of 2 :OWLES &THOMPSOlP5th A ProfesSional CorpOration􀁤􀁾􀀢􀀧􀀷􀀠1978-2003 ATTORNEYS AND COUNSELORS ANGELAK.WASffiNGTON 214.612.2144 AWASHINGTON@COWlESTHOMPSON,COM August I, 2003 Mr. Do las H. Conner Boy &Lowry 4 Wingren, Suite 108 ing, TX 75062 RE: Parcel 10 (4125 Centurion Way, LP) -Arapabo Extension of Road Project Dear Doug: Enclosed is a draft ordinance authorizing parking along Centurion Way during the construction of Arapaho Road. Please review the draft ordinance and let me know if you have any questions or changes. I have also provided the draft to Addison's Prosecuting Attorney for his comments. I will advise as to any changes that he suggests. AKW/yjr Attachment c(wlEnc.): 􀁾Mike Murphy Mr. Steve Chutcma Mr. Kenneth Dippe 901 MAlN STREET SUITE 4QOO DALLAS, TEXAS 75202·3793 DALLAS T Y L E R TEL 214.612.2.000 FAX 2.14.672.2020 WWW.COWLE5THOM P SON, en M J?5d :OWLES &THOMPSO ... A Professional Corporation􀁾􀀢􀀷􀀧􀀠1978-2003 ATTORNEYS AND COUNSELORS ANGELA K. WASHiNGTON 214.672.2144 AWASHINGTON@COWLESTHQMPSON.COM August I, 2003 VIA FACSIMIL (972) 233-3093 Mr. Larry cCalium City Pro cutor 4560 eltline Road, Suite 320 Add,son, TX 75001 RE: Ordinance Authorizing On-Street Praking Dear Larry: As we discussed, enclosed is a draft Ordinance authorizing parking along street right-of-way in the 4100 Block of Centurion Way for a certain time period. Please review and provide me with your comments. Sincerely, 􀁾􀀩􀁌􀀮􀀠Angela K. Washington AKW/yjr Attaclunent c(wlEnc.): 􀁾Mike Murphy Mr. Steve Chutchian Mr. Kenneth Dippel w/firm 1101 MArti STREET SUITE <000 DALLAS, TEXAS 15202·3793 DALLAS T Y L £ R TEL 214.672.2000 FAX 2:14.612:.2020 WWW.CDwLESTHOMPSON.COM DRAFT . '. ORDINANCE NO. ________ AN ORDINANCE OF THE CITY COUNCIL OF THE TOWN OF ADDISON, TEXAS AUTHORIZING PARKING ALONG STREET RIGHT-OF-WAY IN THE 4100 BLOCK OF CENTURION WAY FOR A DEFINED TIME PERIOD; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Addison, Texas is currently in the process of acquiring property for the construction, relocation and extension of Arapaho Road, a public street in Addison, Texas; and WHEREAS, such construction, relocation and extension could affect available off-street parking for certain businesses located on Centurion Way within Addison, Texas; and WHEREAS, the City Council of the Town of Addison, Texas is of the opinion that the best interest and welfare ofthe public is served by allowing parking along street right-of-way in the 4100 block of Centurion Way during such construction to lessen any affect such construction might have on available off-street parking for businesses located on Centurion Way; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE TOWN OF ADDISON, TEXAS: Section 1. That except during the hours between 2:00 a.m. and 6:00 a.m., parking is allowed along street right-of-way in the 4100 block of Centurion Way beginning November 1, 2003 through November 30, 2005. Section 2. That if the construction, relocation and extension of Arapaho Road is not complete by November 30, 2005, and the City Council determines that such construction continues to affect parking for businesses located on Centurion Way, the Council may by resolution extend the allowance of parking along street right-of way in the 4100 block of Centurion Way as provided herein for an additional time period, said time period not to extend beyond May 31,2006. Section 4. That .this ordinance shall take effect immediately upon passage and it is so ordained. DULY PASSED BY THE TEXAS, this day of CITY COUNCIL OF THE TOWN OF ADDISON, ,2003. ATTEST: MAYOR APPROVED AS TO FORM: CITY SECRETARY CITY ATTORNEY Document It: 􀀱􀀰􀀶􀀮􀀳􀁾􀀡􀀡􀀤􀀠 ved Fax: AUG 0 • 9PM F hon: P S RJ D. 1 AUG-01-2003 12'04 ,,;OWLE5 & THOMPSON 2146722020 P.01/03 COWLES &:THOMPSON A pl'or.uIO,llt' torpcHtlon ATTORNEYS ANO cOUWSnOR$ FACSIMILE COVER PAGE Data: August 1. 2003 Time: _____ T olal Number of Pagas (including this sheet): _-"--_ Normal/Rush: Normal Client/Matter #: 3195162390 TO; (1) Doug Conner FAX: 972.650.7105 PHONE: (2) Mike Murphy FAX: 972.450.2837 (2) SIeve Chutchian FAX: 972.450.2837 FROM: Angela K. Washington Direct OiiSl It: (214) 672·2144 MESSAGE: RE: Parcel 10 (4125 Centurion Way, LP) • Arapaho Extension of Road Project IF Y"'" 􀁾􀁁􀁖􀁅ANY PROBLEMS WITH THIS TRANSMISSION. 629 IMPORTANT\OON '8 use ot the individual or I!ntily 10 which It is m the law firm of Cowles & Thompson whiCh n loaurs under applicable law. If the reader ot Ihli lee, or agent responsible for delivering the mel tied that any dissemination, distribution, or co If you have rereived this communication in 1umber (214) 672·2000. We will bl! haflPY to a Jnilad Stales Postal Service, .,t no cost to you. 􀁾􀁈􀁩􀁬􀀠"'IN srllE£T SUITt COOD aALLAS, TEXAS lSl02.HU D ALL A $ T V L E R TEl.. 2H.U2.2QOI,l FAX 214.61Z.Z0U www. DOWLESTH 􀁏􀁾PUH.'OII • 1 F : 0 2:49PI ax Stat . HP T 3200 !AUG-01-2003 12:04 -:OWlES & THOMPSON 2146722020 P.02/03 COWLES &THOMPSON A PrOrt55ianal Corlloralian ATTORNEYS AND COUNSELORS ANGELA K. WA!HlNGTON 214.&72.1144 AWASHtNGTOHOCOWI.eSll4OlIPBON,CQM August 1, 2003 VIA FACSIMILE (972) 650-7105 Mr. Douglas H. Conner Boyle & Lowry 4201 Wingren. Suite 108 Irving. TX 75062 REl Pareel10 (4125 CeDturion Way, LP) -Arapabo Extension of Road Project Dear Doug: Enclosed is a draft ordinance authorizing parking along Centurion Way during the construction of Arapaho Road. Please review the draft ordinance and let me know ifyou have any questions or changes. I have also provided the draft to Addison's Prosecuting Attorney for his comments. I will advise as to any changes that he suggests. Sincerely. • 􀁾􀀯􀁻􀀮􀁲􀁦􀀯􀁾􀀠Angela K. Washington AKW/yjr Attachment c(wlEnc.): Mr. Mike Murphy Mr. Steve Chutchian Mr. Kenneth Dippel w/firm '101 MAIN STREET SUITE 4(100 OAll.AS, TiXAS '1SH2 •.1'1'3 OAL.LAS T Y L E R TEL H4.b?Z.2DOO FAl( 2l4.61Z.202:0 0 WWW.COWLG:HItOLiPSON"e.OM 1Ved ax 􀁾􀀠G 0 00 12' 􀀴􀀹􀁐􀁴􀁾􀀠Fa S . lASERJET 3 􀁾􀁏􀁗􀁌􀁅􀁓􀀠& THOMPSON 2146722020 P.03/03 DRAFT ORDINANCE NO, _______ AN ORDINANCE OF THE CITY COUNCIL OF THE TOWN OF ADDISON, TEXAS AUmORIZING PARKING ALONG STREET RIGHT-OF-WAY IN THE 4100 BLOCK OF CENTURION WAY FOR A DEFINED TIME PERIOD; AND PROVIDING AN EFFECTIVE DATE, WHEREAS, the Town of Addison, Texas is currently in the process of acquiring property for the construction, relocation and extension of Arapaho Road, a public street in Addison, Texas; and WHEREAS, such construction, relocation and extension could affect available off-street parking for certain businesses located on Centurion Way within Addison, Texas; and WHEREAS, the City Council of the Town of Addison, Texas is of the opinion that the best interest and welfare of the public is served by allowing parking along street right-of-way in the 4100 block of Centurion Way during such construction to lessen any affect such construction might have on available off-street parking for businesses businesses located on Centurion Way; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE TOWN OF ADDISON, TEXAS: Section I. That except during the hours between 2:00 a.m. and 6:00 a.m., parking is allowed along street right-of-way in the 4100 block of Centurion Way beginning November I, 2003 through November 30, 2005. Section 2. That if the construction, relocation and extension of Arapaho.Road is not complete by November 30, 2005, and the City Council detennines that such construction continues to affect parlcing for businesses located on Centurion Way, the Council may by resolution extend the allowance of parking along street right-of way in the 4100 block of Centurion Way as provided herein for an additional time period, said time period not to extend beyond May 31, 2006. Section 4. That this ordinance shaU take effect immediately upon passage and it is so ordained. DULY PASSED BY THE CITY COUNCIL OF THE TOWN OF ADDISON, TEXAS, this day of ,2003. MAYOR ATTEST: APPROVED AS TO FORM: CITY SECRETARY CITY ATTORNEY TOTRL P.03 'COWLES 􀀦􀁔􀁈􀁏􀁍􀁐􀁓􀀰􀀱􀁾􀀠A Profeniona! Corporation ATTORNEYS AND COUNSELORS ANGELA K. WASHINGTON 214,612.2144 AWASHlNGTON.:©JCOWlfSTHOMPSON,COM July 25,2003 VIA HAND DELIVERY Mr. Douglas H. Cormer Boyle & Lowry 4201 Wingren, Suite 108 Irving, TX 75062 RE: Parcel 10 (4125 Centurion' Dear Doug: Enclosed are .the 􀁦􀁏􀁬􀁬􀁏􀁾􀁩􀁮􀁧􀀠documel 1. A revIsed Parking Plan remo. lUll "'" Vl1,"""W",Y lllU1C"'Urs; 2. A description of the fee simple right-of-way to be acquired by the Town; 3. A description of the Temporary Easement needed if an agreement is reached whereby the Town is to redesign the parking area; 4. A description of the Temporary Construction Easement needed if no agreement is reached between the parties. Ifan agreement is reached and the Town redesigns the parking area pursuant to the enclosed plan, it is my understanding that a portion of the parking area will be located on a portion of the Town's existing easement. The area of overlap will be approximately six inches in size. There has been some discussion regarding conveying this area to the property owner. I believe a meeting is in order to discuss the best way to handle this matter and to finalize details of the proposal to be submitted to the property owner for purposes of settlement. Please let me Imow if you are available to meet with us at the Addison Service Center on Monday or Tuesday, July 28th or 29th, ofnext week. Sincerely, 􀁾􀁦􀁲􀁲􀁾􀀭__ ( Angela K. washingtol AKW/yjr Enclosures c(w/o Enclosures): Mr. Mike Murphy wlTown Mr. Steve Chutchian w/Town Mr. Kermeth Dippel w/firm ject 901 MAIN STREET SUITE: 4000 DALLAS, TEXAS 75202·3793 DALLAS T Y L E R TEL 214.672.2000 fAX 214.072.2020 Documrrlll II: 10152376 WWW.COWLE STHOM P$O N ,C 0 M SOWLES &THOMPSG.,.?51h ~7 A Prcfessional Corporation 1978-2003 ATTORNEYS AND COUNSELORS -------------------------------...-ANGELA K, WASHINGTON 214.612..2144 AWASH!NGTON@CQWLESTHOMPSON.COM July 14, 2003 Mr. Mark Hipes Hipes & Associates 7557 Rambler Road, Suite 260 Lock Box 25 : '.. Dallas, TX 75231 RE: Parcel 10 (4125 Centurion Way, L.P.), Arapaho Road Project Dear Mark: As promised, enclosed is a hard copy of the revised parking plan for the above referenced property. Contrary to my understanding ofthe plan stated in a letter sent to you earlier today, the revised plan provides for a total of 57 spaces on the property. There are three handicap spaces included within that number. If you have any questions or need anything further, please give me a call. AKW/yjr Enclosure c(w/o Enc.): Mr. Mike Murphy Mr. Steve Chutchian Mr. Doug Conner Mr. Ken Dippel 901 MAIN STREET SUlTE 4000 DALLAS, TEXAS 75202-3793 DALLAS T Y L E R TEL 214.672.2000 FAX 214.672.2020 WWW.COWlE5THOM PS OrLee MDoo.imtl".! JI' 106068.7 COWLES &THOMPSO"-i􀁾􀀵􀁤􀀠A Profe-ssicnal Corporalion􀁾􀁴􀁶􀁲􀀻􀁙􀀠1978-2003 ATTORNEYS AND COUNSELORS ANGELA K. WASHINGTON 214.672.2144 AWASHINGTON@COWI.ESTHOMPSON.cOM July 14, 2003 Mr. Mark Hipes Hipes & Associates 7557 Rambler Road, Suite 260 Lock Box 25 Dallas, TX 75231 RE: Parcel 10 (4125 Centurion Way, L.P.), Arapaho Road Project Dear Mark: As we discussed, enclosed is the revised parking plan for the above-referenced property. It appears that the engineers have devised a plan that will provide for 57 regular spaces and three handicapped spaces. The plan that I am providing is somewhat difficult to read, as it is a faxed copy. I will provide a hard copy to you as soon as I obtain one. Please update your appraisal for the property based on the revised plan. If you have any questions, please give me a call. Sincerely, • 􀁾􀁊􀁻􀀧􀁲􀁙􀀨􀁾􀀠Angela K. Washington AKW/yjr Enclosure c(wl Ene.): Mr. Doug Conner c(w/o Ene.): Mr. Mike Murphy Mr. Steve Chutchian Mr. Ken Dippel 901 MAlN STREET SUITE 4000 DALLAS, TEXAS 􀀷􀀵􀀲􀀰􀀲􀁾􀀳􀀷􀀹􀀳􀀠D ALL A S T Y L E R TEL 214.672.2000 FAX 214.672.2020 www.eOWLESTHOMPSON .COM ----------o 20 40 so 80 SCALE IN FEET 60"WATER eO"WATeR 60"WATER 60"WATEf( fiO"WAT£R 60"WAT£R SO"WATE"R N , 􀀻􀁾􀀭􀁾..􀀧􀀮􀁾􀀭􀁾􀀡􀁾􀀮􀀺􀀻􀀺􀀽􀀻􀀻􀀺􀀻􀀻􀀻􀀻􀀺􀀻􀀻􀁬􀀴􀀺􀁥􀀺􀁓􀁦􀀧􀁾􀁏􀀽􀀽􀀺􀀩􀁬􀀺􀀧􀁾� �􀀧􀁾􀀢􀁾􀀢􀀧􀀻􀀢􀀻􀀢􀀧􀀺􀀺􀀺􀀧􀀻􀀻􀁾􀀢􀀺􀀺􀁾􀀧􀁾􀁾􀀮􀀻􀀩􀁏􀂷􀀭􀀽􀁊􀀭􀁾􀀠_ 􀀮􀀽􀀽􀁾􀁾􀀠41rO __ 􀁾􀀮___,_____􀀽􀁾􀁾􀁏__-=j=_··---O" __?';53"r____ , , ' J J .1 1 l 1 ' n! i; '1 i' : J, " J c· PRCf'OSEO SOLID 6" WHITE STRIPE SPACES : 39 38 37' 36 35 34: 33 !32 : 31 i 301 29 I28 !27 ! " ' 1;;//, ; .... /;1 _I_, .L.--'_...L.-'......L .. 4125 CENTURAN WAY 􀀭􀀮􀀭􀁾􀀠42 4S 45 . -----'==-=, 􀁾􀀠.. u 􀁾􀀠􀁾􀀠 :;; 􀁾􀀠􀁾􀁷􀀠􀁎􀁾􀀠􀀮􀁾􀀠o:C r------􀁳􀁾O. 􀁎􀁾􀀠,w 􀁾􀁾􀀠51 $6 􀁾􀀠. :: __ -+==. _____l--, . \'-._--'--􀁾􀀭􀁟􀀯􀀡􀀠.__+---------=.---------0---"􀁐􀁁􀁒􀁋􀁉􀁎􀁇� �􀀮􀁾􀀠NUMaER Cf' EXISTING SPACES = 61 NUMBER (F PROPOSEO SPACES = 61 AAN'N-lO ROAD 4125 CENTURAN WAY PAAKING SCPJ..E: 1"=20'􀁚􀁾􀁌__􀁾􀁉􀁾􀀺􀀺􀁾􀁉􀁾􀀻􀀡􀁾􀀻􀁾􀁩􀁾􀀽􀁾􀁊􀁾􀁾􀀺􀁾􀀺􀀺􀂷􀁗􀁾􀁤􀀺􀁾􀀺􀁾􀁡 􀁵􀀽􀀽􀁾􀁾􀀽􀀽􀀽􀀽____________________________________________________________________________________________--___________________________________----________________________________________________ ____________.J ." c JOWLES &THOMPSOL25thA Professional Corporation􀁾􀀢􀀷􀀧􀀠197B-2003 ATTORNEYS AND COUNSELORS ANGELA K. WASHINGTON 214.672.2144 AWASHINGTQN@COWLESTHOMPSON.cOM June 25, 2003 Mr. Mike Murphy Director ofPublic Works Town ofAddison P.O. Box 9010 Addison, TX 75001-9010 RE: Town ofAddison v. 4125 Centurion Way, L.P., et ai. Cause No. 03-21S5-C Dear Mike: Enclosed for your file is a copy of the transcript from the June 5, 2003 Commissioners' Hearing for the above-referenced case. As you are aware, the hearing was continued to August 27,2003. If this matter does not settle, we will need you to fully review your testimony contained in the transcript prior to the hearing date. We will keep you apprised of matters and advise you as to whether or not this will be necessary. Ifyou have any questions, please give me a call. Sincerely, rc4lt. 􀁲􀁱􀁊􀀭􀁾􀀠Angela K. Washington AKW/yjr Enclosure c (w/o Ene.): Mr. Doug Conner Mr. Kenneth Dippel 901 MAIN STREET SUITE 4000 DALLAS, TEXAS 75202-3793 o ALL A S T Y L E R TEL 214.672.2000 FAX 214.672.2020 WWW.COWLESTH{)MPSON.COM .sOWLES &THOMPS 0_ A Professional Corporation ATTORNEYS ANO COUNSELORS ANGELA K. WASHINGTON 214,672.2144 AWASHINGTON'@COWLESTHOMPSON.COM June 11,2003 Mr. Dennis Houfek Mr. Bob Schies Special Commissioner Special Commissioner 660 Preston Forest Center 3523 Brookhaven Club Drive PMB 231 Farmers Branch, TX 75234 Dallas, TX 75230-2718 Mr. Ken Quevreaux Special Commissioner 14436 TangJewood Drive Farmers Branch, TX 75234 RE: TOWI! ofAddison v. 4125 Centurion Way, L.P., et al. Cause No. 03-2155-C in the County Court at Law No.3, Dallas County, Texas Dear Commissioners: Enclosed is the Landowners' Agreed Request for Continuance with Right of Entry Provided to Condemnor, which was filed with the Court on June 9, 2003. As we discussed on June 5, 2003, the Special Commissioners' Hearing has been rescheduled for Wednesday, August 27, 2003 at 10:00 a.m. The hearing will be held at the Addison Conference Centre Board Room located at 15650 Addison Road, Addison, Texas 75001. If you have any questions or need additional information, please do not hesitate to give me a call. Sincerely, 􀀯􀁉􀁾􀀱􀁴􀁾􀁴􀀷􀁶􀁕􀁲􀀠7\ Angela K. Washington AKW/yjr Enclosure c (wlEnc.) Mr. William M. Blackburn Mr. David Kent Dallas Independent School District Ms. Cynthia Calhoun, Dallas County Clerk Mr. Mike Murphy Mr. Steve Chutchian Mr. Doug Conner Mr. Ken C. Dippel 901 MAIN STREET SUlTE 4000 DALLAS, TEXAS 75202-3793 o ALL A S T Y L E R TEL 214.072,2000. FA.X 214.672,2020 WWW.COWU:STHOMf.SON.COM I CAUSE NO, 03-2155-C Flf, ,t:::'f1 2003 JUN -9 .... ::\';*, . Ar1! /: 26 I., ."-. r .'" 􀁾􀁉􀀠TOWN OF ADDISON ) IN THE COUNiti¢IDDd-lT:;:'HJI), '-"'/' c; C",':"iI) ''-iJu:;ry Plaintiff, ) ) vs, ) AT LAW NO, 3 ) 4125 CENTURION WAY, L. P., et al. ) ) ) Defendants. ) DALLAS COUNTY, TEXAS LANDOWNER'S AGREED REOUEST FOR CONTINUANCE WITH RIGHT OF ENTRY PROVIDED TO CONDEMNOR TO; THE HONORABLE SPECIAL APPOINTED COMMISSIONERS. This is to advise this Court's Special Commissioners that since the filing of this action there is a pending change of ownership of the real property (the "Property") the subject of these proceedings. The interests of 4125 Centurion Way, L.P. (the "Defendant"), to the real Property and its improvements are under Contract for purchase by MILLER PARK ASSOCIATES LIMITED PARTNERSHIP, a Texas limited partnership ("Miller Park"). Because these proceedings are scheduled for a hearing before this Court's appointed Special Commissioners on June 5, 2003, and because of Miller Park's pending purchase of of this subject Property, Defendant herein respectfully requests that the Special Commissioners hearing in this cause be rescheduled for a date no sooner than July 21, 2003 and no later than August 22, 2003. The condemning authority, TOWN OF ADDISON does not object to or in any matter oppose the rescheduling of this Special LANDOWNER'S AGREED REOUEST FOR CONTINUANCE Pagel WITH RIGHT OF ENTRY PROVIDED TO CONDEMNOR Commissioner's hearing for the dates between the dates July 21, 2003 and August 22, 2003 subject to the following terms and conditions: L The TOWN OF ADDISON shall have the right of entry upon, and exclusive possession of, the Property described in the pleadings in this cause from and after the execution hereof and the filing of this document in this proceeding with presentment to your Special Commissioner's on June 5, 2003. Such right of entry granted herein is for the purposes of allowing the TOWN OF ADDISON to construct, operate, maintain, and repair Arapaho Road and provide, in the area described in its pleadings, any modifications or extensions reasonably involve and/or described in Condemnor's pleadings. 2. The grant of right of entry and possession shall terminate on September 12, 2003, unless the TOWN OF ADDISON, prior to said date, acquires title to said property through purchase or has obtained through this Honorable Court a WRIT OF POSSESSION through condemnation proceedings filed in this cause, and, in the event of such purchase or condemnation proceedings, the value of said Property shall not be affected by the use to which the TOWN OF ADDISON may have put said Property pursuant to this grant and/or agreement. 3. Defendant agrees and herein permits and allows the condemning authority to have its appraisers, Mark Hipes and Grant Wall, inspect and photograph the improvements to the subject Property by no later than June 30, 2003, if such appraisers give reasonable prior notice of no less than three (3) days to the Defendant's representative and/or attorney herein identified. LANDOWNER'S AGREED REOUEST FOR CONTINUANCE Page 2 WITH RIGHT OF ENTRY PROVIDED TO CONDEMNOR 4. The written summary of the appraisal of Mark Hipes has been provided to the Defendant by Condemnor, TOWN OF ADDISON, prior to the June 5, 2003 scheduled date of this Commissioner's hearing. 5. Should Defendant, or Miller Park, should it acquire title to the Property, decide to challenge the opinions and conclusions of Mark Hipes as to his opinion of fair and just compensation for the taking and damaging of this Property, said party must provide and present and fully disclose to Ken Dippel, City Attorney, andior Douglas H. Conner, trial attorney of record for the TOWN OF ADDISON in this cause, a copy of any and all current appraiser reports used in determining the Owner's opinion of value, such disclosure to occur in accordance with § 21.0111 (b) of the Texas Property Code by no later than ten (10) days prior to the date of the rescheduling of the Special Commissioner's hearing in this cause. 6. There is a pending sale andior negotiation for the purchase/sale of the subject property. If there is a transfer of title andior closing on the subject property, this information will be promptly disclosed to the TOWN OF ADDIS ION'S attorneys above identified, along with the executed contract for such purchase. No negotiations between Defendant and Miller Park will be utilized as evidence in the Commissioner's hearing in this cause unless such disclosure by the parties to such negotiations is indicated in writing to the TOWN OF ADDISON attorneys in accordance with § 21.0111(b) of the Texas Property Code but in no instance by no later than ten (10) days prior to the date of the rescheduling of the Commissioner's hearing in this cause. : ," LANDOWNER'S AGREED REQUEST FOR CONTINUANCE Page 3 WITH RIGHT OF ENTRY PROVIDED TO CONDEMNOR 7. To the extent of any interest it may now have, or may in the future acquire, in and to the Property, Miller Park hereby joins in and consents to the terms and provisions hereof. This agreement between Defendant and Condemnor, TOWN OF ADDISON, is one not for purposes of delay, but one to see to see that justice is served, that the parties have a reasonable opportunity to re-inspect the subject Property, evaluate the opinions of their various experts, and to determine if they can negotiate and settle what differences, if any, that they may have as to issues involving fair and just compensation to the Property owners in this cause. LANDOWNER'S AGREED REOUEST FOR CONTINUANCE Page 4 WITH RIGHT OF ENTRY PROVIDED TO CONDEMNOR AGREED TO: 4125 CENTURION WAY, L.P., a Texas limited partnership By: Williams Winslow, L.L.C, A Texas limited liability company {V\ \(qp...p{ Miehel J. ch tein President of MJO Properties, Inc., a Texas Corporation, the General Partner of Miller Park Associates Limited Partnership, a Texas Limited Partnership, "Miller Park" William M. Blackburn Attorney for Defendant and Miller Park (in these proceedings) State Bar No. 02390000 9400 N. Central Expressway, Suite 1616 Dallas, Texas 75231 (214) 368-7911 (Telephone) (214) 265-7008 (Facsimile) APPROVED AND AGREED TO BY CONDEMNING AUTHORITY: COWLES & THOMPSON, P.c. 90 I Main Street, Suite 4000 Dallas, Texas 75202 (214) 672-2000 (Telephone) (214) 672-2020 (Facsimile) Ken C. Dippel City Attorney for Town of Addison State Bar No. 05893000 Angela K.. Washington Assistant City Attorney for Town of Addison State Bar No. 20897155 BOYLE & LOWRY, L.L.P. ill./'" . Douglas • Conner, In State Bar No. 04694000 4201 Wingren Plaza, Suite #108 Irving, Texas 75062 (972) 650.7100 ((Telephone) (972) 650.7105 (Facsimile) TRIAL ATTORNEY FOR TOWN OF ADDISON LANDOWNER'S AGREED REOUEST FOR CONTINUANCE PageS WITH RIGHT OF ENTRY PROVIDED TO CONDEMNOR MICHAEL E. MURPHY, P.E. Director of Public Works (972) 450-2878 (972) 450.2837 FAX mmnrphy@ci.addison.tx.us E-mail Town of Addison 16801 Westgrove Dr. P.O. Box 9010, Addison, Texas 75001·9010 • i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 NO. 03-2155-C TOWN OF ADDISON IN THE COUNTY COURT* ..Plaintiff, .. ..VS. AT LAW NO. 3 .. ..4125 CENTURION WAY, L.P. et al. * Defendants. * DALLAS COUNTY, TEXAS HEARING BEFORE COUNTY COMMISSIONERS HEARING BEFORE THE in the above-styled and numbered cause on the 5th day of June, 2003, from 10:19 a.m. to 11:02 a.m., before Linda A. Kaiser, CSR in and for the State of Texas, reported by machine shorthand, at the Dallas County Courthouse, Dallas, Texas. CERTIFIED COPY COLLINS, MILLER, GUEDRY & HIGH, P.C. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2 HEARING -6/51' APPEARANCES COUNTY COMMISSIONERS: Mr. Dennis F. Houfek Mr. Bob Schies Mr. Ken Quevreaux FOR THE PLAINTIFF: Mr. Douglas H. Conner, III BOYLE & LOWRY, L.L.P. 4201 Wingreen Plaza, Suite 108 Irving, Texas 75062 Phone: 972-650-7100 FOR THE DEFENDANT: Mr. William M. Blackburn ATTORNEY AT LAW 9400 North Central Expressway, Suite 1616 Dallas, Texas 75231 Phone: 214-368-7911 ALSO PRESENT: Mr. Ken C. Dippel, City Attorney Town of Addison Ms. Angela K. Washington, Assistant City Attorney Mr. Mike Murphy Mr. Mark Hipes Mr. Gary Williams, The Harbour Group Mr. John A. Winslow, The Harbour Group Mr. Michael J. Ochstein, Miller Park Associates Mr. Randy Tuttle COLLINS, MILLER, GUEDRY & HIGH, P.C. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 3 10:19 10:21 10:21 10:21 10:22 10:22 behalf of the Town of Addison. I'm joined --I'm with the firm of Boyle & Lowry, and I guess if you call this a trial proceeding, we're trial counsel. The City Attorney, Ken Dippel, and his assistant here today is Angela Washington. We're here for making entry appearance for the Town of Addison. We have Mike Murphy, Director of Public Works, he's our agent for this proceeding --and Mike. And then we have Mark Hipes, H-I-P-E-S, he is our appraiser, he's here. We're not offering or tendering any testimony, as I told you. We've got some deals and some irons in the fire and we don't really know by the time we reschedule this who might be on this property; we're getting everybody who has an interest, we think, before the court and before the commissioners and to see if it can be resolved, we'll do it. If we don't, we'll need your services. So if we do get this resolved, we'll certainly let you know and I'll send you each a cost bill, and part of the cost bill will be your time here. You got dressed and drove here and that's the hardest part, for me, getting to work, usually. And you take your time COLLINS, MILLER, GUEDRY & HIGH, P.C. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4 HEARING -6/5/'. 10:22 10:22 10:23 10:23 10:23 10:24 accordingly to get here and particularly on a rainy day. If we reconvene, then we'll get a cost bill at the time of your -in an award. We are going to ask -we've sent out notices and I've got notices on file with the court, but we've got, I think, the primary responsible or interested parties here before us. I will ask anybody that's here that's not associated with the Town of Addison to make their appearance and I'm going to let Bill Blackburn introduce himself and his parties MR. BLACKBURN: I'm Bill Blackburn, I'm the attorney for the current owner of this property, the defendant in the --this matter; but also representing the potential purchaser, Miller Park Associates. And I have --as you heard, there's a pending contract for the purchase --sale and purchase of this property, which mayor may not take place by the time we meet again, so out of an abundance for caution, Mr. Conner and I agreed to, first of all, give the Town a right of entry so they can commence whatever they need to be doing on the property while we're still discussing issues involved in this condemnation proceeding. So as a consequence, the right of entry which we've provided Mr. Conner contains a signature not COLLINS, MILLER, GUEDRY & HIGH, P.C. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 5 10:24 10:24 10:24 10:25 10:25 10:25 HEARING -6/5/" only of the current owner but of the prospective purchaser, should the matter close. And I have with me today Mr. Michael Ochstein, who is the principal of the potential purchaser of Miller Park & Associates; and then two principals of the current owner, Mr. Gary Williams and Mr. John Winslow are here. We have not yet --I'm new to this, counsel has changed, and so one of the reasons we're getting an extension is we've not had an opportunity to --or at least we've not hired an appraiser yet, and the theory your judgment is only good as your information, we need information we can get from an appraiser. So that's one of the reasons. And there's a continuing dialogue between the City and ourselves trying to reach some resolution. So we appreciate the opportunity to be heard and look forward to doing this thing down the road. MR. CONNER: Is there anybody here that has any interest in this proceeding that has not been introduced, that's not associated with the Town of Addison? With your understanding, our agreement that we will reset this and reconvene, unless you hear otherwise, on August 27th at 10:00 a.m. at a building or location in Addison that we will, in writing, tell COLLINS, MILLER, GUEDRY & HIGH, P.C. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 10:25 10:26 10:26 10:26 10:33 10:33 HEARING -􀀶􀀯􀀵􀀯􀁲􀁾􀀠6 everybody here. We'll adjourn anything we have here before the commissioners, unless they have any questions. Do y'all have any questions of anyone at this point in time? MR. HOUFEK: No question. MR. CONNER: We appreciate y'all's coming and I think this is a whole lot safer and more secure than trying to do this on the phone and get everybody's calendar here. You try to do this on the phone, you'd be amazed how long it takes sometimes. But I appreciate you-all particularly in responding to my call. I've never had to wait more than an hour for anybody to return calls, so I appreciate it. We will see you and we'll get this disposed of by the end of August, one way or the other. Thank you so much. MR. BLACKBURN: Thank you. (Pause in proceedings.) (The Commissioners left the room.) MR. CONNER: Let me, for purposes of the record, introduce Mike, and then I will let you do --we won't call call it cross-examination, but any examination you want on the issues and I'll have the reporter here and your appraiser is not here, so he will have the benefit to what I've said. COLLINS, MILLER, GUEDRY & HIGH, P.C. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 7 10:33 10:33 10:33 10:34 10:34 10:34 HEARING -6/5;r ", 􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀁾􀀠I've got our appraiser, our appraisal is out of date. MR. BLACKBURN: So he's going to update it? MR. CONNER: He's going to update and he might well change or modify his position on compensation and as to what he says. He says he will have that to you by July 1. MR. BLACKBURN: All right. MR. CONNER: That gives you --you've got his background information and all that, so he'll give you his number at July 1 and we'll ask you to give us your numbers and whatever, but you got --you know the property is taken -MR. BLACKBURN: Yeah. MR. CONNER: is why we're here. MR. BLACKBURN: That's fine, Counsel. I appreciate it. If I may, I'll start off and I'll ask your city official some questions. And again, I'm just recently retained on this and have not had access to all the drawings, and so the question I just asked Mr. Murphy, which he confirmed, which obviously, and my clients' confirmed this, that there's more property being taken than just the real problem is that a strip of several feet across the northern entities of 21 parking spaces, which COLLINS, MILLER, GUEDRY & HIGH, P.C. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 8 HEARING -6/5/r -, 10:34 10:34 10:35 10:35 10:35 10:36 gives us a lot of problem. And I had asked the question because it had seemed to me it would avoid a lot of brain damage on everybody's part if somehow the take could be changed or the right-of-way shifted just however many feet that is, 3, 4, 5 feet to the north, and the city engineer said the problem is the City of Dallas has raised difficulties with that and normally you can pave over water, sanitary sewer easement as long as you don't put load bearing structures on them. So why does Dallas have the clout to say no, you can't move it north and your explanation is because it's elevated and you've got some retaining walls. Would you go into that, for the record? MR. MURPHY: Right. In this particular area, the roadway is going to be elevated between -somewhere between 4 and 6 feet. It is the down slope, or the up slope, depending on which direction you're heading, and as we approach Midway Road, we get to the actual bridge structure; so any movement in the roadway that would necessitate an adjustment to the bridge --and we have to accommodate the Dallas water utility requirements. They gave us a clearance on the slope that we had to stay outside of, and that envelope was based on maintenance, the ability to maintain the water line or to repair in case it was damaged. COLLINS, MILLER, GUEDRY & HIGH, P.C. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 9 HEARING -6/5/r 10:36 So what we've had to do is we've had to shift the road over to accommodate their needs. And that's where we are, I guess. That's why we're in this area further than what we had initially anticipated. 10:36 Of the -MR. BLACKBURN: Let me ask you, then, if I may. Pardon me to interrupt. MR. MURPHY: Okay. MR. BLACKBURN: I want to understand the 10:36 drawing, which I have part of the black and white drawing, which may be part of that. The temporary construction easement cuts across the northern portion of this 21 spaces but that, by definition, is temporary and once the road is in and the 10:36 retaining wall is in, that -City no longer has an interest in that. Am I reading that wrong or are we still, after we no longer need a temporary construction easement, the road's in, you've got a wall, are we back then with our 10:37 full regulation code parking or are we still losing some of the existing parking? Because this -this drawing indicates that the right-of-way, not the TE, the right-of-way cuts off part of our parking. What does that show? 10:37 MR. MURPHY: Okay. The -let's just go COLLINS, MILLER, GUEDRY & HIGH, P.C. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 10 HEARING -6/5/(· 10:37 10:37 10:37 10:37 10:38 10:38 with what I've got here today. MR. BLACKBURN: All right. That's fine. MR. MURPHY: The green area is the -is the permanent right-of-way taken. MR. BLACKBURN: Right. MR. MURPHY: This is where the roadway is going to sit, and the other side of the roadway. The beige or tan area is the temporary easement. You're exactly right, once we're finished with the roadway, the temporary easement goes back to the property owner and we're off it and no longer need it. MR. BLACKBURN: Okay. MR. MURPHY: Code, even taking these parking spaces, according to our city building official, there's still enough parking spaces to make the office complex compliant as far as parking. And so --but, what we're going to try to do, and you're MR. BLACKBURN: What is the broken line there? I'm sorry, the alternate. MR. MURPHY: Here's MR. BLACKBURN: That's the retaining wall. All right. So south of the retaining wall, that beige area is only temporary easement and it goes away after everything's in place? MR. MURPHY: Correct. COLLINS, MILLER, GUEDRY & HIGH, P.C. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 11HEARING -6/5/r 10:38 10:38 10:38 10:39 10:39 10:39 MR. BLACKBURN: Okay. MR. MURPHY: Now, obviously we are -once we put the roadway up, the retaining wall, it is going to get onto the existing parking out there, about 6 feet, looking at this drawing, about 6 feet. You add a temporary -the temporary easement, that's another 6 feet, so you take 12 feet off of a 20-foot long parking space and that just leaves you with 8 feet. MR. BLACKBURN: But six of that is permanent, the six that -MR. MURPHY: Exactly. So once we go back -once the temporary easement is vacated and it goes back to the property owner, you have a 12-foot space which is still -it's still shy of a MR. BLACKBURN: Okay. MR. MURPHY: -of a, what you call a -MR. CONNER: Lead. MR. BLACKBURN: code requirement? MR. MURPHY: Yeah, there you go. Compliant parking space. So what we're proposing to do is to attempt :,. i' to recover as many of this 21, 22 parking spaces as we can. Now, there's there's a couple of ways we can do this. MR. BLACKBURN: Okay. COLLINS, MILLER, GUEDRY & HIGH, P.C. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 12HEARING -6/S/r10:39 10:39 10:39 10:40 10:40 10:40 MR. MURPHY: We can go with parallel parking and parallel parking is typically you --you give one parallel parking space for every three head-in parking spaces, okay? Or you can go into angled parking, which is more of a two-to-one; so for every --or maybe even two and a half to or two-and-a-half-to-one. That's not right. A little bit more than two to one, I'll just put it that way. So what we're going to try to do is reduce the width of the fire lane easement, we've already got approval from our fire marshal and fire chief that we can reduce the width of this fire lane by 5 feet. MR. BLACKBURN: All right. MR. MURPHY: By that, then you recover another 5-foot on your parking space. MR. BLACKBURN: So you're only a foot off? MR. MURPHY: Yeah, so what we're proposing to do and we haven't had our engineering firm look at this particular proposal, what we're proposing to do is to take these parking parking spaces, reduce the fire lane width and angle these back spaces. MR. BLACKBURN: All right. ! . MR. MURPHY: So you have, instead of head in parking like they are today, it's an angled parking. MR. BLACKBURN: And you'd have a net loss COLLINS, MILLER, GUEDRY « HIGH, P.C. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 13 HEARING -􀀶􀀯􀀵􀀯􀁲􀁾􀀠10:40 10:40 10:40 10:41 10:41 10:41 then from 21 to how many? MR. MURPHY: We don't know. We don't know, but we're thinking maybe IS, 16, 17 spaces can be recovered that way. We'll know, and when we get back to the office today, we'll get with our engineering firm. MR. BLACKBURN: That's good. MR. MURPHY: And we're going to have them sort of relay this and restripe it and see how many exactly how many spaces we can recover. I don't think we're going to be able to recover all 20 spaces or 21 that are going to be lost, because of this, but we do think that we --we do think that we will be able to recover more. MR. BLACKBURN: I've got to say, just initial reaction, that's certainly progress and it helps me to understand. MR. WINSLOW: I have to agree. MR. BLACKBURN: Let me ask one question if I can, before I forget about it. From a legal standpoint, I mean, your code requirement is one to 300 instead of three per thousand, thousand, so it's a little more rigid than most cities. I know we have a little more than code. I'm just curious, you won't know until you get back to the engineering department, but when you come in and show a plan angled, it will be interesting to see if even that we'll be below code. I know we'll be nonconforming. COLLINS, MILLER, GUEDRY & HIGH, P.C. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 14HEARING -6/5/r10:41 10:41 10:42 10:42 10:42 10:42 I'm thinking future purchasers and lenders when you say we're nonconforming and you've got to explain to them. It would be good, whatever you come up with, even though we lose a few spaces, if we still have the number of spaces required to meet code so we don't have to deal with that nonconforming issue. And I throw that out for what it's worth and I assume you can't answer that. MR. MURPHY: I can't answer that. MR. BLACKBURN: I think we're a few over on code, actually, and if you were able to get 12 to 15, we may be right at code. Excuse me, John, you were -MR. WINSLOW: Under the head-in parking proposal, in the past we've been parking lateral, by your permission. MR. MURPHY: That's right. MR. WINSLOW: Under the usual parking, we would not; is that right? We would not be -MR. MURPHY: Let me answer by showing what's on this this drawing here. These two areas, yellow hatched represents the Dallas water utility easement. The green represents the drainage easement, which is the Town of Addison easement; so by doing this, if you compare the two side-by-side, you can see where the retaining wall is so you would still be partially on that easement. I . COLLINS, MILLER, GUEDRY & HIGH, P.C. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 15 HEARING -6/5/r10:42 10:43 10:43 10:43 10:43 10:43 MR. WINSLOW: Even with the angle parking. MR. MURPHY: What we're trying to do is recover as much as we possibly can, so you're still there's still going to be a few feet that are in that easement area. MR. WINSLOW: And follow-up to that. So then the angled parking -MR. MURPHY: Let me. Time out. Time out. MR. WINSLOW: Sure. MR. BLACKBURN: Because I'm looking at this again and it --you may be right, you may now be outside as well. MR. WINSLOW: I'm working at the angle unless you get out. MR. MURPHY: Let's see, if you are still encroaching into that easement area, it's only going to be by a very small area, maybe a foot. But let me go back and get with our engineers because obviously this is just not --I can't really tell exactly from this, but it looks like there might be maybe a foot between the retaining wall and the right-of-way line. You can't --it's hard to see. MR. BLACKBURN: I guess the issue is, Mike, from our standpoint -MR. MURPHY: There's just a -MR. OCHSTEIN: Is this Dallas? COLLINS, MILLER, GUEDRY & HIGH, P.C. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 10:43 10:44 10:44 10:44 10:45 10:45 HEARING -6/5/r 16 MR. MURPHY: No, this is the Town of Addison easement, which is Dallas. You can see the retaining wall is the heavy line. The right-of-way line is just right underneath it. It looks like there might be just 1 foot or so that would still be in that easement area. MR. BLACKBURN: The concern --and I don't think that's too strong a word --is that on one hand, I guess the way --the number of ways we thought about addressing it, A, you've already addressed it for us, if you move the take line so you don't have this issue, and that apparently is not available. Secondly, could you buy back, you abandon back this foot to us, which, you know, I don't know why you couldn'ti or third, the City typically comes back and says, okay, we'll give you a license agreement. But even if it's for a nominal amount, the problem is any license agreement I've seen the City retains the right to revoke it at will. While there would be no foreseeable reason that you'd probably want that back, still gives a potential purchaser or --a problem if you ever sell this or refinance to say we've got parking, but really we're at the whim of the City. So if we could stay away from right-of-way, that's the best of all world's. If we have to do something right-of-way, we need a proposal that says, close to perpetuity and ironclad COLLINS, MILLER, GUEDRY & HIGH, P.C. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 17 HEARING -6/5/r10:45 10:45 10:45 10:46 10:46 10:46 as we can get, but certainly we're --we're encouraged by the fact that you might be able to whip this around a little bit and stay out of the right-of-way. MR. WILLIAMS: Can I ask a question also, and I know this is all predicated you have to go back with your engineers and put it to drawing and everything. If it comes back and --with the angle, it infringes upon that foot, okay, and can we also ask you to take a look at to your point of parallel that says, okay, what would it do to our parking spaces and code, parallel versus --that way we look at it both ways and then we can MR. MURPHY: We'll do that. What typically we try to do is come up with a couple of two or three ideas to present to the property owner and see if there's a better way to do, a more efficient way to do parking and still --and still keep the fire lane access open and all that. So we'll definitely go back and look at all all those -MR. BLACKBURN: That's good. MR. MURPHY: ideas. MR. BLACKBURN: The concern is the damage to the remainder. MR. MURPHY: I understand. MR. BLACKBURN: We know the road should go through and needs to go through, we need to make sure when it's allover that we have a functional site now and for COLLINS, MILLER, GUEDRY & HIGH, P.C. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 18 HEARING -6/5/r10:46 10:46 10:47 10:47 10:47 10:47 the future. MR. OCHSTEIN: Is this subject plan to change now or is it final? MR. MURPHY: This is it, we are in the final stage. MR. CONNER: As far as the area of taking. MR. MURPHY: Exactly, I mean, we have -since we -I don't guess I'd be out of line, since we spoke with you I guess back in January --December, January whenever that was, we have been heavily into negotiations and design, after redesign, after redesign with the City of Dallas and this is the one that we could finally all come to an agreement with. MR. OCHSTEIN: What happened, I explained to my bankers on the purchasers and I got egg on my face, we were only losing the two spots, we're going to have we were only going to lose the two and the parking was fine and then when we come back to this hearing, the whole deal was changed. And I don't want to go back to my bankers and --you know, I just want to make sure this is final. MR. BLACKBURN: That's why it wasn't clear to me just coming in because I thought the Town had always been taking the same amount of taking and at the request working out on this parking, but what you're really confirming, from the time you first talked to these guys COLLINS, MILLER, GUEDRY & HIGH, P.C. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 19 HEARING -􀀶􀀯􀀵􀀯􀁲􀁾􀀠10:47 10:47 10:48 10:48 10:48 10:48 and the City of Dallas, the amount has shifted to the south a bit? MR. MURPHY: The amount of the take has not changed. MR. BLACKBURN: What I mean is the position. MR. MURPHY: What we were trying to do -MR. BLACKBURN: Yeah. MR. MURPHY: the taking hasn't changed. What we were trying to do is we thought we had the flexibility to shift the roadway to accommodate their parking --well, not their parking, but his parking is what we were trying to negotiate a deal with these guys, that well, if we move the roadway over and save your parking, would that put us in a better negotiating position. MR. BLACKBURN: You were right, I see. MR. MURPHY: The taking has never changed from day one to now, but your flexibility to move the roadway has definitely changed. MR. BLACKBURN: I see. MR. WINSLOW: Can I ask this other question? MR. MURPHY: Sure. MR. WINSLOW: If I had our plat in front of me, I could know, but where does our property line go? MR. MURPHY: Let's see, existing roadway. It's hard to see off of this. COLLINS, MILLER, GUEDRY & HIGH, P.C. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 20HEARING -􀀶􀀯􀀵􀀯􀁲􀁾􀀠10:48 MR. OCHSTEIN: I've got a survey. MR. MURPHY: It's about where the -where this dashed red line is right here. MR. WINSLOW: So we don't own anything north 10:48 of that currently. MR. MURPHY: It's encumbered by an easement. MR. WINSLOW: I understand it's encumbered by easements. MR. MURPHY: I don't show your property 10:49 line. MR. OCHSTEIN: Here's the survey. MR. WINSLOW: We actually own that yellow portion too, even though it's covered by an easement. MR. MURPHY: That's right, that's right. 10:49 MR. WINSLOW: NOW, the difference here is when you all take what you're doing, you're actually taking it, right, as opposed to an easement? MR. CONNER: Yeah, a fee. MR. WINSLOW: I'm sorry to not understand. 10:49 So we will still own the yellow portion, even though it's subject to their easement. MR. BLACKBURN: Yes, okay. I'm sorry, that's correct. Okay. So -let me make sure I understood that because on behalf of this, you're saying that 10:49 basically the take, it's going to the Town is the green 􀁾􀀭􀀮􀀠• COLLINS, MILLER, GUEDRY & HIGH, P.C. 21 HEARING -6/5/P10:49 1 2 3 4 10:49 5 6 7 8 9 10:50 10 11 12 13 14 10:5015 16 17 18 19 10:50 20 21 22 23 24 10:5025 area; so their property is they're going to have a fee interest left to the north of it, is what you're saying, that yellow hatched area? MR. MURPHY: You know, it's just from me looking at this. MR. BLACKBURN: You don't know. MR. OCHSTEIN: Here's the survey. MR. BLACKBURN: That's an interesting issue, guys. MR. CONNER: Talking about land lock -MR. BLACKBURN: Because basically you've got a worthless piece of property stranded across --which addresses-MR. MURPHY: No, the take --no, that's not --no. Counsel, the take is for the whole area. MR. CONNER: It's the whole area. MR. MURPHY: We're not proposing to leave this behind. MR. BLACKBURN: That's how I understood his question. So lift that first one --that second board back up then. So you are taking the entire -MR. MURPHY: Let's lay these side by side. We're taking the entire area. MR. CONNER: Yeah. MR. BLACKBURN: Okay. Good. Well, this is COLLINS, MILLER, GUEDRY & HIGH, P.C. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 22 10:50 10:50 10:51 10:51 10:51 10:51 HEARING -6/5/rvery helpful. We're going to obviously have to talk to our appraiser and get you a copy of it, but as I've explained it to my class, and I think Doug and I are in agreement, if we're unable to reach an agreement because of the spread in the values, then we come before the commissioners, and basically it's a valuation hearing. But if we can somehow come together on damages and get an agreement on these parking issues and if you'll look at this little checklist, I'd like you to address those. I don't think you've got a problem, right of entry; number one, we've given you today. The damages sue, obviously the appraiser is going to have to both we're going to have to get an update from you guys and get our appraisal. And you've given us a copy of your current appraisal and you've given us an updated one. I assume you don't have any problem once your drainage plans are complete just letting my clients look at it when you do it. You've agreed to that in other transactions. They just want to make sure they're not going to be flooded, and I've told them if you've flooded them, they've got another take in this case. MR. MURPHY: Obviously drainage is going to be --I hate to put it this way, but drainage is not really that big of a concern because we have this massive drainage COLLINS, MILLER, GUEDRY & HIGH, P.C. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 23 HEARING -􀀶􀀯􀀵􀀯􀁲􀁾􀀠10;52 10:52 10;52 10:52 10:52 10:53 channel available to us here. What we will do as part of the design, engineering design, drainage is a major component of it, because we're all worried about drainage. We will provide drainage inlets that go directly into the drainage channel. We're going to have two box culverts with inlets, so the parking drainage is really, it's an issue that is very easily engineered and we -MR. BLACKBURN: Sure. MR. MURPHY: We are definitely doing that as part of this project. MR. BLACKBURN; Is that existing open drainage cover, that's going to be underground? MR. MURPHY: It's going to be --the open channel is going to go away and we're replacing the two box culverts and then we will cover that. MR. BLACKBURN: Okay. And I was --I mean, it's customary, I assume once you're through with the temporary easement area, you'll repair the asphalt or whatever the surface is and restripe in a consistent manner with the balance? MR. MURPHY: Right. MR. BLACKBURN: And so -and then the sixth item we talked about; the fire marshal, you think, was in agreement on the revising the fire lane, and you guys are going to move it around and corne up with both the parallel COLLINS, MILLER, GUEDRY & HIGH, P.C. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 24 HEARING -􀀶􀀯􀀵􀀯􀁲􀁾􀀠10:53 10:53 10:53 10:54 10:54 10:54 parking and angled parking scenarios with an idea of how many spaces we lose as a consequence of that. Try to avoid any encroachment, if you will, into the right-of-way, so we don't get into a licensing deal. MR. WINSLOW: I think they put the crux of it and probably what we might have looked like, you know, reluctant on this thing, really at the point that we learned that unless our parking is outside the right-of-way, it couldn't be counted as part of the parking value, if you will, of the building and that was confirmed by --so that's a real issue to us to not be MR. MURPHY: It's something I feel confident we can work out. Obviously we're only talking now with with this, you know, just looking at this, we're only talking a very small footage and we'll --what I would like to do is when we would restripe it or when we sort of lay out a new parking plan for the back here, we'll survey that and we'll figure out exactly what it is we're talking about. Because you can't --you can't really tell MR. OCHSTEIN: It's hard to tell. MR. MURPHY: from this. MR. BLACKBURN: That's perfect. MR. CONNER: Mike, how long would it take you to do a survey that you'll feel comfortable with and we can get back to these folks? COLLINS, MILLER, GUEDRY & HIGH, P.C. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 25 HEARING -􀀶􀀯􀀵􀀯􀁲􀁾􀀠10:54 10:54 10:54 10:55 10:55 10:55 MR. MURPHY: I'll tell you what I'll do, once we get back to the office today --they've been very responsive to us. Obviously we've got a lot invested in this so I'm thinking maybe a week to ten days we'll have this thing wrapped up. MR. CONNER: Okay. MR. BLACKBURN: That's all we have. MR. MURPHY: Let me check back to my assistant city engineer. MR. HIPES: Yeah, pretty much. MR. BLACKBURN: That's great. MR. CONNER: Before the end of the month we'll give you drawings that show you exactly what they've got. MR. BLACKBURN: That's fine. MR. MURPHY: And-MR. CONNER: Based on the survey. MR. MURPHY: Let's see, you've got an item here, let me go back to it. Time to restripe the parking lot. One of the original things we were doing for the Harbour Group is we told them that if we were able to negotiate this, we would go back in and clean this whole parking area up and not just restripe the part that we're talking of, but do their whole back lot here and really make it look nice. COLLINS, MILLER, GUEDRY & HIGH, P.C. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 HEARING -􀀶􀀯􀀵􀀯􀁲􀁾􀀠10:55 10:55 10:55 10:56 10:56 10:56 MR. BLACKBURN: We appreciate that. MR. MURPHY: So that's still on the table, too. We can --we can come to some type of agreement without doing condemnation, I think that's -MR. BLACKBURN: I think it's in everyone's interest. I think we're closer today than we thought perhaps we would be, depending on what you come up with. That's great. MR. MURPHY: The only thing I just want to make sure everybody understands that the --let's go back to this drawing. You will not be able to get that back to you until the temporary easement goes away. MR. BLACKBURN: Sure. MR. MURPHY: Because we obviously we need that to do roadway construction and all. MR. BLACKBURN: Sure. MR. CONNER: What are the constraints or time limit of this, quote, temporary construction easement? MR. MURPHY: What we've been asking for is somewhere between 24 and 30 months, and we'll probably come back to you on that. We're hoping to bid this project out at the end of the year, sometime around November, December, January. We're really our negotiations with Dallas water utilities put us we're still on sChedule but we were working under a compacted schedule, so we're a little COLLINS, MILLER, GUEDRY & HIGH, P.C. 27 HEARING -􀀶􀀯􀀵􀀯􀀰􀁾􀀠10:56 1 2 3 4 10:56 5 6 7 8 9 10:57 10 11 12 13 14 10:57 15 16 17 18 19 10:5720 21 22 23 24 10:57 25 bit behind what I was hoping where we'd be this year, so we're looking to bid the project out, like I say, November, December, January, just depending on where our eng --when our engineers can finish up the bridge design and get that out, but the bridge design has impacted our crit path right now. MR. WINSLOW: During that period of time, is there any possibility that the City could help us in any way where we would park people regardless of market value of the situation? That's a separate issue. MR. MURPHY: What we would do is MR. WINSLOW: We park on the interstate, it's just grass there, he's going to come get us. MR. MURPHY: What we would anticipate doing is going to the city council and asking for a parking variance and/or provide some off-site parking, close to. But probably the easiest way to do it would to get a variance to allow on-street parking until we project and there's not really enough traffic finish th Way that would prohibit us from doing that. And I think that would be really -that would be the easiest solution right now. MR. WINSLOW: That would be very comfortable. MR. BLACKBURN: Again, on that duration of COLLINS, MILLER, GUEDRY & HIGH, P.C. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 24 􀀲􀀳􀀠 28 HEARING -􀀶􀀯􀀵􀀯􀁲􀁾􀀠that temporary easement, 24 months; went beyond that, maybe some per diem rented? MR. MURPHY: Exactly, exactly, you're right, go 24 months and if it goes beyond 24 months, then we would 10:57 do it a per diem value on that. Do you guys understand what we're saying? MR. WINSLOW: Yeah. MR. OCHSTEIN: So in three weeks you have our finalized parking diagram, then, and that would be 10:57 finalized? As far as how many spots we're going to lose and how we're going to park. MR. MURPHY: What we'd like to do is come up with a couple of ideas, bring them back to you guys and see what you ke best, and we'll get creative with it. 10:58 10:58 MR. CONNER: Why don't we shoot for that. Three weeks, we'll give you what they think they can do and get y'all's blessing to it. And then Mike, do you think we need to go back --I'm asking a legal question, but don't you feel comfortable in your position to maybe have to go 10:58 to council council on this as far as the temporary use of existing roadway on Centurion Way. Or how do y'all typically do gif.) C/).)tl.CA (that, do you go to council? 􀁾􀀠􀁻􀀩􀁾􀁃􀁴􀁾􀀯􀀨􀀤􀁙􀀧􀁾􀀠MR. MURPHY: We d have to go to council 􀁾􀁡􀁮􀁤􀁾􀁳􀁫􀀠for a variance. 􀀱􀀰􀀺􀀵􀁾.􀀭􀁾􀁾􀀭􀀭􀁾􀁾􀁾􀀭� �􀀭􀀭􀀭􀀭􀁾􀁾􀁲􀀻􀀻􀀻􀁾􀁾􀁶􀀠MR. CONNER: I would think so. COLLINS, MILLER, GUEDRY & HIGH, P.C. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 29HEARING -6/5/010:59 10:59 10:59 10:59 10:59 MR. MURPHY: But, you know, obviously I can't speak for the city council, but I feel --I feel we have a strong position and they would do that. MR. BLACKBURN: Well, then I hope that given the right of entry, would show some degree of good faith? MR. CONNER: I'm just talking about time constraints and be sure everybody comfortable that with what we're doing. MR. MURPHY: There's also, if that doesn't work out, there's a huge vacant facility across the street that there's tons of parking over there. I feel comfortable we could negotiate a deal with them, too, so ... There's a couple of options available to us that MR. OCHSTEIN: When would y'all start, like January of next year, February of next year? MR. MURPHY: Hopefully before then. MR. OCHSTEIN: You've got three months to get the bid, so sometime -MR. MURPHY: If we can bid this thing out in, you know, November, we would hopefully start construction construction --well, you know, it's hard to start construction during the holidays, probably January would be a start date. I would think that's realistic. MR. OCHSTEIN: And it's a two-year project, 􀁾􀀮􀀢􀀠11:00 you said? COLLINS, MILLER, GUEDRY & HIGH, P.C. 5 10 15 20 25 30 HEARING -􀀶􀀯􀀵􀀯􀀰􀁾􀀠11: 00 I 2 3 4 11: 00 6 7 8 9 11: 00 11 12 13 14 11: 00 16 17 18 19 11: 00 21 22 23 24 11:01 MR. MURPHY: We don't know. Typically --it could be two years. We're when I say we don't know, two years would be the worst case scenario. We're hoping that bids --that we can find some contractors out there that are willing to put the resources to this that will accelerate it, because what we're going to do in the bid is we're also going to bid a time allotment, which means you're --you not only get awarded the contract based on how much money it's going to cost you, but how many days it takes you to do the project. And we've been very successful with that on two of our projects; Arapaho Road phase two, we bid it that way and the guy came in and completed it 30 days ahead of schedule, so ... Outside, maybe two years, but hopefully we'll get it done quicker than that. MR. WINSLOW: And we're in communication on this, say when the engineer looks at the parking, the assumption is that -we want it to be not on right-of-way, right? MR. BLACKBURN: He's going to try. MR. WILLIAMS; That's what we're's going to try. MR. MURPHY: What we'll do, we're going to recover as much as we can for parking, what we're going to COLLINS, MILLER, GUEDRY & HIGH, P.C. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 11:01 11:01 11:01 11:01 11:01 11:01 HEARING -􀀶􀀯􀀵􀀯􀀰􀁾􀀠31 try I'll work way to to do -is get with you as our know, many spaces back as attorney here and we'll obviously I'm speaking possible figure as the and tout city hen some engineer and not the city council, but what we would probably do is take the proposal back to them as part 0 the negotiation, dedicate that 1 foot or 6 inches or 18 inches or whatever comes out to be, back over to so that you can count that towards your -MR. BLACKBURN: That's what MR. MURPHY: parking. MR. BLACKBURN: I'd hate to get in a license deal for 6 inches or a foot or something. MR. MURPHY: I just don't --you know, I -MR. BLACKBURN: It just -MR. MURPHY: I'm speaking as a city engineer, not as the council, I don't see that as being a problem, I just don't. MR. BLACKBURN: I think that's a good result at this point, anyway. MR. MURPHY: So we would present it to them that way. MR. BLACKBURN: Perfect. Well, I think that's all we have, Doug. MR. CONNER: Okay. MR. BLACKBURN: And we'd certainly COLLINS, MILLER, GUEDRY & HIGH, P.C. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 32 HEARING -􀀶􀀯􀀵􀀯􀀰􀁾􀀠11:01 appreciate a copy of the transcript when you get it done. MR. CONNER: We want everybody to have that. MR. BLACKBURN: We'll be in further communication on the appraisals. 11:02 MR. CONNER: Thank you. (Proceedings concluded at 11:02 a.m.) COLLINS, MILLER, GUEDRY & HIGH, P.C. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 33 HEARING -6/5/0? 11: 02 11: 02 11: 02 11:02 STATE OF TEXAS COUNTY OF DALLAS I, Linda A. Kaiser, Certified Shorthand Reporter in and for the state of Texas, certify that the foregoing proceedings were reported stenographically by me at the time and place indicated. Given under my hand on this the 16th day of June, 2003. , i. da A. Kaiser, Certified Sh'orthand Reporter No. 2245 in and for the State of Texas Collins, Miller, Guedry & High, P.C. 600 N. Pearl Street, Suite 640 Dallas, Texas 75201 214 20-2449 My commission expires 12-31-03 COLLINS, MILLER, GUEDRY & HIGH, P.C. 􀁾􀁏􀁗􀁌􀁅􀁓􀀠􀀦􀁔􀁈􀁏􀁍􀁐􀁓􀁏􀁾􀀮􀀠' A Professional Corporation ATTORNEYS AND COUNSELORS ANGELA K. WASHiNGTON 214.67U144 AWASH1NGTON@COWLESTHOMPSON,COM May 19,2003 Mr. Ron Whitehead City Manager Town ofAddison P.O. Box 9010 Addison, TX 75001-9010 RE: Town ofAddison v. 4125 Centurion Way, LP. Cause No. 03-2155-C in the County Court at Law No.3, Dallas County, Texas Confirmation of Commissioners Hearing Dear Ron: Enclosed is your copy of the Notice of Commissioners Hearing that was sent by certified mail to 4125 Centurion Way, L.P., for the Commissioners Hearing on Parcel 10, Arapaho Road Project. All other owners or claimants of some interest in the property listed in the petition will be notified by personal service, certified mail or both. A copy ofthe petition is attached to the notice. As you will note, the hearing is scheduled for 10:00 am. on June 5, 2003 at the Dallas County Records Building in Judge Sally Montgomery's courtroom, 500 Main Street, 6th Floor, Dallas, Texas 75202. By copy ofthis letter, letter, I am providing copies of this notice to Mike Murphy and Steve Chutchian. Ifyou have any questions, please give me a call. Sincerely, 􀀧􀁊􀁾􀁊􀀯􀁲􀁤􀁾AngelaK. Washington 1􀁾􀀠AKW/yjr Enclosures c: Mr. Mike Murphy (wlEnclosures) Mr. Steve Chutchian (wlEnciosures) Mr. Ken Dippel Mr. Doug Couner 901 MAIN STREET SUITE 4000 DALLAS, TEXAS 75202·3793 D ALL A S T Y L E R TEL 214,612.2000 FAX 214.672.2020 .fK.c\lmcnt#l 1052181 WWW.COWLESTHOMPSON COM CAUSE NO. 03-2155-C TOWN OF ADDISON ) IN THE COUNTY COURT AT ) Plaintiff, ) ) vs. ) LAW NO. 3 ) 4125 CENTURION WAY, L. P., et al. ) DALLASCOVNTY,TEXAS ) Defendants. ) ) VIA CERTIFIED MAlL, RRRR # 7001 19400002 0589 7232 To: 4125 Centurion Way, L.P. 4125 Centurion Way Addison, TX 75001 NOTICE OF COMMISSIONER'S HEARING You are hereby notified that the Town of Addison, acting by and through its City Attorney, on February 24, 2003, filed its Original Petition in Condemnation with the Clerk in the above-referenced Court of Dallas County, Texas wherein it sought the condemnation of certain land, a true copy of which Petition is hereby attached and made a part hereof, and to which reference is made for description of the land sought to be condemned, for a statement of the purposes of condemnation, and for all other legal purposes. This Honorable Court has appointed three Special Commissioners who have conferred and determined that they would like to set this MATTER FOR HEARING AT THE TIME AND PLACE HEREIN PROVIDED, such hearing to commence at 10:00 a.m. o'clock on the 5th day of June, 2003 at the Dallas County Records Building in the Courtroom ofthe Honorable Judge Sally Montgomery, 6th Floor, 500 Main Street, Dallas, Texas 75202. All parties ofrecord having interest in the subject property are hereby notified to appear at the time and place after set for the purpose ofoffering any evidence they desire on the issue as to the damages to be assessed against the Town of Addison and to be paid to the owners ofsaid property to be condemned. By copy of this notice, confirmation of this setting is being forwarded to the City Manager of the Town ofAddison, the Special Commissioners appointed by the Honorable Court, and to the Court deputy of this Honorable Court. DOl)tunmllt 10'2763 APPROVED AND ORDERED BY SPECIAL COMMISSIONERS: Respectfully submitted, BOYLE & LOWRVL.L.P. 􀁾... &' /( 􀁾./( 􀁾􀀶􀁎􀁎􀁅􀁒􀀬􀁩􀁩􀁉􀀠State Bar No. 04694000 4201 Wingren Plaza, Suite #108 􀁾􀁧􀀬Texas 75062 972.650.7100 [Telephone] 972.650.7105 [Telecopier] ANGELA K. WASHINGTON State Bar No. 20897155 Assistant City Attorney for Town ofAddison 901 Main Street, Suite #4000 Dallas, TX 75202 972.672.2144 [Telephone] 972.672.2344 [Telecopier] cc: Ken Quevreaux 14436 Tanglewood Drive Farmers Branch, TX 75234 Bob Schies 3523 Brookhaven Club Drive Farmers Branch, TX 75234 Dennis Houfer 6060 Preston Forest Center Dallas, TX 75230-2718 Paula McNulty, Court Deputy County Court at Law No.3 509 Main St., Suite 601 Dallas, Texas 75202-5791 Mr. Ken Dippel City Attorney for Town ofAddison 901 Main Street, #4000 Dallas, TX 75202 Document#: 1052'163 CAUSE NO. D3 -2,1 55... e.. 􀀡􀀧􀁾􀁾􀁾􀀠FEf! 24 PH I: 34 TOWN OF ADDISON § IN THE COUNTY COURT v. § § (;uur: i 􀁾􀀠􀁾􀁅􀁋􀀠AT LAW 􀁎􀁖􀁊􀁗􀁭􀁒􀀻􀀮􀁌􀀦􀁾􀀮􀁵􀀡􀁙􀀠§ 4125 CENTURION WAY, L.P., ET AL. § DALLAS COUNTY. TEXAS PLAINTIFF'S ORIGINAL PETITION IN CONDEMNATION TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW the Town of Addison, hereinafter referred to as Plaintiff, having by law the right of eminent domain and power of condemnation, acting herein by and through its duly elected City Council (the "Council"), for and on behalf of the Town of Addison, complaining herein of4125 Centurion Way, L.P.; Williams Winslow, L.L.C.; John A. Winslow, individually and as officer of Williams Winslow, L.L.C.; Comerica Bank-Texas; John M. KJllian, Trustee; C. E, Seal, II, Trustee; and Harbour Group, Inc., hereinafter referred to as Defendants; and for cause of action Plaintiff respectfully represents to the Court as follows: I. The Plaintiff, Town of Addison, a municipal corporation, has determined that the public necessity requires that certain land should be acquired from the Defendants herein. II. The Defendants are owners or claimants of some interest in the property being acquired who have been identified by diligent search by Plaintiff. Their respective addresses for service of process are: 4125 Centurion Way, L.P. 4125 Centurion Way Addison, Texas 75001 Williams Winslow, L.L.C. 4125 Centurion Way, Suite 200 Addison, Texas 75001-4347 PLAINTIFF'S ORIGINAL PETITION IN CONDEMNATION -Page I f.)ocumcntll.I03110J John A. Winslow 4125 Centurion Way Addison, Texas 75001-4347 Comerica Bank-Texas c/o Marge Owen 1508 W. Mockingbird Lane MlC6535 Dallas, Texas 75235 John M. Killian, Trustee Comerica Bank 3551 Hamlin Road MlC7410 Auburn Hills, Michigan 48326 Melinda Chausse Comerica Bank-Texas 160 I .Elm Street, 4th Floor MlC6507 Dallas, Texas 75201 C. E. Seal, II, Trustee 5005 LBJ Freeway, Suite 170 Dallas, Texas 75244 C.E. Seal, II, Trustee 5814 Joyce Way Dallas, Texas 75225 Harbour Group, Inc. 4125 Centurion Way, Suite 200 Addison, Texas 75001-4347 Dallas County, Texas Earl Bullock, County Clerk Records Building, 2nd Floor Dallas, TX 75202 DaJlas Independent School District 3700 Ross Avenue Dallas, TX 75204 PLAINTIFF'S ORIGINAL PETITION IN CONDEMNATION -Pagel m. The public purpose of the acquisition is for the construction, relocation and extension of Arapaho Road, a public street in Addison, Texas, as well as for a temporary construction easement to be utilized in the building ofsaid street for a period ofthirty (30) months. IV. The Addison City Council has by resolution determined that a fee simple estate is necessary for the construction, relocation and extension ofthe above-specified new street project. The land to be acquired in fee will be used for such purposes as specified in Paragraph III. The temporary coustruction easement will be used for thirty (30) months from the date of possession by Plaintiff as specified in Paragraph vn and returned to the owner thereof. V. Plaintiff is entitled to condemn the fee title in such land for said purposes and asks that it be condemned for such purposes. VI. The fee simple estate being acquired for the street is described in Exhibit A, attached hereto and made a part of this petition for alI purposes. VII. Exhibit B, B, attached hereto and made a part of this petition for all purposes, describes a temporary construction easement that runs parallel to the street right-of-way which easement is to be used during construction for work areas including the removal of improvements located within the right-of-way being acquired and for other related construction uses. All improvements will be removed from the temporary construction easement and it will be returned to its preexisting grade and condition except that no improvements will be re,constructed thereon. This temporary construction easement will be thirty (30) months in duration, said months to run from PLAINTIFF'S ORIGINAL PETITION IN CONDEMNATION -Page 3 Document!!' IOJI3()J date ofpossession by the Plaintiff ofthe easement, and to expire automatically on the completion of the thirtieth (30th) month after possession by Plaintiff. VID. Plaintiff would show, that through its duly authorized agents, it made bona fide attempts to purchase the required property from the defendant owners, that Plaintiff offered the fee owner fair market value as compensation for the properly to be acquired, including damages to the remainder, if any, and that the parties have been unable to agree upon the sums to be paid for the purchase of this land or damages occasioned by the acquisition of the land and improvements, if any. Plaintiff would further show that as a part of its good faith negotiations, Plaintiff offered to reduce the size of the fire lane on the property and re-stripe the parking area affected so that the available parking would be reduced only by one space as a result of this acquisition. As the parities have been unable to reach agreement, Plaintiff asks that special commissioners be appointed as provided by law to assess all amounts due to Defendants for the part taken and damages, if any. IX. Plaintiff has named all known record owners of the land to be condemned. Plaintiff reserves the right to add additional parties ifsuch interests should later appear. X. On August 27, 2002, the City Council of the Town of Addison passed a resolution declaring that public convenience and necessity require that the property described in Exhibit A be acquired for the public purpose of construction, relocation, and extension of a public street, to wit Arapaho Road. The resolution further authorized the filing of the condemnation suit on behalfofthe Plaintiff as provided by law. PLAINTIFF'S ORIGINAL PETITION IN CONDEMNATION -Page 4 Docurrn:1'Il k: I031JlD WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that Special Commissioners be appointed to detennine the compensation to be awarded to the Defendants, that a hearing be held after the parties are properly noticed and the Commissioners render an award to be filed with the Court, that writ ofpossession issue to Plaintiff and that upon final trial Plaintiff be awarded a judgment vesting fee simple title to the land described in Exhibit A in the Town ofAddison, granting a temporary construction easement in the land described in Exhibit B for thirty (30) months from the date of possession, and that fair market compensation including damages, ifany, be awarded to Defendants. Plaintiff further prays for costs ofcourt and for such other and further relief, both general and special, as Plaintiff may be entitled to receive. Respectfully submitted, COWLES & THOMPSON, P.C. 901 Main Street, Suite 4000 Dallas, Texas 75202 (214) 672-2000 Fax: (214) 672-2020 Ken C. Dippel City Attorney for Town ofAddison State Bar No. 05893000 Angela K. Washington Assistant City Attorney for Town ofAddison State Bar No. 20897155 LAW OFFICES OF BOYLE & LOWRY, P.C. By: CU 􀁾.....,--P 1))􀁾􀁈􀀮􀁾􀁯􀁮􀁮􀁥􀁲􀀠eqState Bar No. 04694000 4301 Wingren, Suite 108 Irving, Texas 75062 (972) 650-7100 Fax: (972) 650-7105 TRIAL ATTORNEY FOR PLAINTIFF TOWN OF ADDISON, TEXAS PLAlNTlFF'S ORIGINAL PETmoN IN CONDEMNATION -Page 5 DocUl1'l¢llt it; 10;1 DOl EXHIBIT A 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 I") 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 described by metes and bounds as follows; BEGINNING at an "X" in concrete set in the proposed North right of way line of Arapaho Road and the South right of way line of a 100 foot wide railroad right of way as conveyed to Dallas Area Rapid Transit Property Acquisition Corporation (herein referred to as DART) on December 27, 1990 and recorded in Volume 91008, Page 1390 of said Deed Records, said point being the commol2 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 :r:e Town of Addison, as evidenced by the plat dated October 29, 1932 and recorded in Volume 83017, Page 2268 of said Deed Records; THENCE, SOOTH 00°08'05" WEST, departing said lines and along 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 􀁯􀁾􀀠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 " called 1.103 acre tract of land conveyed to Bullough!Lykos Office Building No. I, L.P. on June 11, 1998 and recorded recorded in volume 98115, Page 03999 of said Deed Records, said called 1.103 acre tract being all of "Lot 5, Surveyor Addition, Addison Wesc 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; 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 (called 202.11 feet) to the POINT OF BEGINNING; CONTAINING an area of 0.3664 acres or 15,960 square feet of land wi thin the met,es recited. All bearings are referenced to the North 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 grounj under my supervision. 􀁢􀁾􀁢􀀯􀀮􀀠􀁾􀀬􀀮􀀮􀁧􀁊􀀭􀀯􀁉􀀭􀀯􀁾􀀭􀁲􀁲􀀠 Ajub R. Sandhu, R.P.L.S. Texas Registration No. 2910 Page 2 􀁾􀁦􀀠2 EXHIBITB 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 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 0.0232 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 29, 1982 and recorded in Volume 8301T, Page 2268 of said Deed Records said corner being in the proposed North right of way line of Arapaho Road and the South right of way line of a 100 foot wide railroad right of way as conveyed to Dallas Area Rapid Transit Property Acquisition Corporation (herein referred to as DART) on December 27, 1990 and recorded in Volume 91008, Page 1390 of said Deed Records; THENCE, SOUTH 00·08' 05" WEST, departing said lines and along the common East line of said called 1.3713 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' 08' 05" WESTI 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"S8' 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.1, L. P. on June 11, 1998 and recorded in Volume 9811S, Page 03999 of said Deed Records, said called 1.103 acre tract being all of "Lot S, Surveyor Addition, Addison West Industrial Park", an addition to tne Town of Addison, as evidenced by the plat dated february 7, 1979 and recorded in Volume 790S3, Page 0620 of said Deed Records; THENCE, NORTH 00"08'OS" 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 S. 00 feet to a point in said proposed South right of way line of Arapaho Road; THENCE, SOUTH 89"S8'49" EAST (called EAST), departing said common line and along the said proposed South right of way line of Arapaho Road, a distance of 202.14 feet (called 202.11 feet) to the POINT OF BEGINNING; CONTAINING 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"Sl'SS" 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 􀁣􀁥􀁾􀁩􀁦􀁹􀀠that the legal description hereon and the accompanying plat represent an actual survey made on the ground under my supervision. 􀁾􀁥􀀦􀀮􀁇􀀮􀀠E. 􀁾􀁾􀀠7-:2,-0/AbR. Sandhu, R.P.L.S. Texas Registration No. 2910 Page 2 of 2 IDmPartners April 10,2002 Mr. Ron Whitehead Via Facsimile 972-450-7043 & City Manager Certified Mail Return Receipt Requested Town of Addison Item Number 7001 2510 0004 14011573 5300 Belt Line Road Dallas, TX 75240 Re: Letter Dated March J2, 2002 4139 Centurion Way -Addison, Texas Dear Mr. Whitehead, I sent you the attached referenced letter almost thirty days ago and The Town of Addison has failed to respond as of this date in a definite manner to the assumptions in the appraisal by Evaluation Associates that there would be no loss of parking due to the condemnation. Additionally, I subsequently asked for written confinnation of the policy, as represented in the appraisal by Evaluation Associates, that if the property improvements were destroyed by more than 50%, the building could not be rebuilt in the same footprint. The Town continues to be vague and noncommittal on both of these issues and I am losing the opportunity to lease and potentially sell the property based on the lack of credible information. The Town chose to affect the economic viability of the property with the extension of Arapaho Road. Since the process is represented to be fair and equitable it would be helpful if the Town would be concise and consistent and decide if the representations made in the appraisal are correct. It was my understanding from speaking last week with Mike Murphy that the Town planned to have a meeting to discuss these issues on Monday or Tuesday of this week and would contact me to set a meeting to define these issues; however, as of this date I have not been contacted.. I request the opportunity to address the City Counci Iat the next meeting on April 23, 2002. c.c. Mr. Mike Murphy 4444 Westgrove. Suite 210 • Addison. TX 75001 Phone (972)380-6752 • Fax (972)931-1688 DEPARTMENT Texas April 2, 2003 Mr. John A. Winslow 4125 Centurion Way L.P. 4125 Centurion Way Addison, TX 7500 I Re: Parcel Nos. 10 & 10TE Arapaho Road Improvements Dear Mr. Winslow: Thank you for your response on March 25, 2003, to our letter dated February 3, 2003. The Town of Addison has reviewed your latest proposal; and, because of the large difference in our offer based on "Fair Market Value" and your counter offer, it is the Town's opinion that we will not be able to reach an agreement that is satisfactory to both parties. Therefore, so as not to delay the progress of this project any longer, the Town has directed its Attorney to move forward with eminent domain proceedings toward the acquisition of this necessary Right-of-Way for the extension of Arapaho Road. Sincerely, ,4LI. 4-"..IA' Michael E. Murphy, P.E. " Director of Public Works cc: Ron Whitehead, City Manager /Angela Washington, Cowles & Thompson (972) 451)..2871 FAX (972) 451)..2837PUBLIC WORKS DEPARTMENT 􀀻􀀻􀀻􀀢􀀻􀁾􀀢􀀢􀀧􀁾􀁴􀁬􀀭....""",....",,,,® Post Office Box 9010 Addison. Texas 􀀷􀀵􀀰􀀰􀀱􀁾􀀹􀀰􀀱􀀰􀀠 16801 Westgrove April 2, 2003 Mr. John A. Winslow 4]25 Centurion Way L.P. 4125 Centurion Way Addison, TX 75001 Re: Parcel Nos. 10 & lOTE Arapaho Road Improvements Dear Mr. Winslow: Thank you for your response on March 25, 2003, to our letter dated February 3, 2003. The Town of Addison has reviewed your latest proposal; and, because of the large difference in our offer based on "Fair Market Value" and your counter offer, it is the Town's opinion that we will not be able to reach an agreement that is satisfactory to both parties. Therefore, so as not to delay the progress of this project any longer, the Town has directed its Attorney to move forward with eminent domain proceedings toward the acquisition ofthis necessary Right-of-Way for the extension ofArapaho Road. Sincerely, 􀁾􀀢􀀠/tc,.-A MichaelE. Murphy,P.E. " Director ofPublic Works cc: Ron Whitehead, City Manager Angela Washington, Cowles & Thompson 􀁾􀁏􀁗􀁌􀁅􀁓􀀠&THOMPSOJ:-..i A Professional COrpGraliOn ATTORNEYS ANO COUNSELORS ANGELA K. WASHINGTON 2:14.G72.2144 AWASHINGTON@COWLESTHOMPSON.COM March 4, 2003 Mr. Mike Murphy Director ofPublic Works Town of Addison Addison Service Center 16801 Westgrove Drive Addison, TX 75001-5190 RE: TOWII ofAddison v. 4125 Centuriol! Way, LP., et aL Cause No. 03-2155-C Dear Mike: Enclosed for your files is a file-marked Petition in Condemnation for the above-referenced case concerning Parcel 10, Arapaho Road Project. As you will note, the petition was filed on February 24, 2003. The Commissioners have not yet been appointed. Ifyou have any questions, please give me a call. AKW/yjr Enclosure c(w/o Enclosure): Mr. Steve Chutchian Mr. Kenneth Dippel, City Attorney '101 MAIN STREET SUITE 4000 DALLAS, TEXAS 75202·3793 TEL 214.672.2000 fAX 214.f>7,L2020o ALL A S T Y L E R WWW.CQWLESTHQMPSON.COM CAUSE NO. 0-; -􀀲􀀱􀀵􀀧􀀵􀁾􀀠􀁾􀀠 TOWN OF ADDISON § 􀁉􀁎􀁔􀁈􀁅􀁃􀁏􀁵􀁾􀁾􀁬􀁾􀀦􀀧􀁴􀁒􀁦􀁈􀀠/: 34 v. § § § AT LAW NUMMmN 􀁉􀁾􀁒􀁋􀀠. --U,i\([AS COUNTY 4125 CENTURION WAY, L.P., ET AL. § DALLAS COUNTY, TEXAS PLAINTIFF'S ORIGINAL PETITION IN CONDEMNATION TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW the Town of Addison, hereinafter referred to as Plaintiff, having by law the right of eminent domain and power of condemnation, acting herein by and through its duly elected City Council (the "Council"), for and on behalf of the Town of Addison, complaining herein of 4125 Centurion Way, L.P.; Williams Winslow, L.L.C.; John A. Winslow, individually and as officer of Williams Winslow, L.L.c.; Comerica Bank-Texas; John M.Killian, Trustee; C. E. Seal, II, Trustee; and Harbour Group, Inc., hereinafter referred to as Defendants; and for cause of action Plaintiff respectfully represents to the Court as follows: I. The Plaintiff, Town of Addison, a municipal corporation, has determined that the public necessity requires that certain land should be acquired from the Defendants herein. II. The Defendants are owners or claimants of some interest in the property being acquired who have been identified by diligent search by Plaintiff. Their respective addresses for service of process are: 4125 Centurion Way, L.P. 4125 Centurion Way Addison. Texas 75001 Williams Winslow, L.L.C. 4125 Centurion Way, Suite 200 Addison, Texas 75001-4347 PLAINTIFF'S ORIGINAL PETITION IN CONDEMNATION -Pagel [)ocumCllt#: 10'1303 Jolm A. Winslow 4125 Centurion Way Addison, Texas 75001-4347 Comerica Bank-Texas c/o Marge Owen 1508 W. Mockingbird Lane MlC6535 Dallas, Texas 75235 Jolm M. Killian, Trustee Comerica Bank 3551 Hamlin Road MlC 7410 Auburn Hills, Michigan 48326 Melinda Chausse Comerica Bank-Texas 1601 Elm Street, 4th Floor MlC6507 Dallas, Texas 75201 C. E. Seal, II, Trustee 5005 LBJ Freeway, Suite 170 Dallas, Texas 75244 C.E. Seal, II, Trustee 5814 Joyce Way Dallas, Texas 75225 Harbour Group, Inc. 4125 Centurion Way, Suite 200 Addison, Texas 75001-4347 Dallas COWlty, Texas Earl Bullock, COWlty Clerk Records Building, 2nd Floor Dallas, TX 75202 Dallas Independent School District 3700 Ross Avenue Dallas, TX 75204 PLAINTIFFS ORIGINAL PETITION IN CONDEMNATION -Page 2 Ooc.urm:nl ti: 1OJ DOl III. The public purpose of the acquisition is for the construction, relocation and extension of Arapaho Road, a public street in Addison, Texas, as well as for a temporary construction easement to be utilized in the building of said street for a period of thirty (30) months. IV. The Addison City Council has by resolution determined that a fee simple estate is necessary for the construction, relocation and extension of the above-specified new street project. The land to be acquired in fee will be used for such purposes as specified in Paragraph TIL The temporary construction easement will be used for thirty (30) months from the date of possession by Plaintiff as specified in Paragraph VII and returoed to the owner thereof V. Plaintiff is entitled to condemn the fee title in such land for said purposes and asks that it be condemned for such purposes. VI. The fee simple estate being acquired for the street is described in Exhibit A, attached hereto and made a part ofthis petition for all purposes. VII. Exhibit Exhibit B, attached hereto and made a part of this petition for all purposes, describes a temporary construction easement that runs parallel to the street right-of-way which easement is to be used during construction for work areas including the removal of improvements located within the right-of-way being acquired and for other related construction uses. All improvements will be removed from the temporary construction easement and it will be returned to its preexisting grade and condition except that no improvements will be reconstructed thereon. This temporary construction easement will be thirty (30) months in duration, said months to run from PLAINTIFF'S ORIGINAL PETITION IN CONDEMNATION -Page 3 date ofpossession by the Plaintiff of the easement, and to expire automatically on the completion ofthe thirtieth (30th) month after possession by Plaintiff. VIII. Plaintiff would show, that through its duly authorized agents, it made bona fide attempts 'to purchase the required property from the defendant owners, that Plaintiff offered the fee owner fair market value as compensation for the property to be acquired, including damages to the remainder, if any, and that the parties have been unable to agree upon the sums to be paid for the purchase of this land or damages occasioned by the acquisition of the land and improvements, if any. Plaintiff would further show that as a part of its good faith negotiations, Plaintiff offered to reduce the size of the fire lane on the property and re-stripe the parking area affected so that the available parking would be reduced only by one space as a result of this acquisition. As the parities have been unable to reach agreement, Plaintiff asks that special commissioners be appointed as provided by law to assess all amounts due to Defendants for the part taken and damages, if any. IX. Plaintiff has named all known record owners of the land to be condemned. Plaintiff reserves the right to add additional parties if such interests should later appear. X. On August 27, 2002, the City Council of the Town of Addison passed a resolution declaring that public convenience and necessity require that the property described in Exhibit A ;-'be acquired for the public purpose ofconstruction, relocation, and extension of a public street, to 􀁾􀀺􀀠: wit Arapaho Road, The resolution further authorized the filing of the condemnation suit on behalf of the Plaintiff as provided by law. , PLAINTIFF'S ORIGINAL PETITION IN CONDEMNATION -Page 4 DoeUIDnIt #: lOJllO;; WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that Special Commissioners be appointed to determine the compensation to be awarded to the Defendants, that a hearing be held after the parties are properly noticed and the Commissioners render an award to be filed with the Court, that writ ofpossession issue to Plaintiff and that upon final trial Plaintiff be awarded a judgment vesting fee simple title to the land described in Exhibit A in the Town ofAddison, granting a temporary construction easement in the land described in Exhibit B for thirty (30) months from the date of possession, and that fair market compensation including damages, ifany, be awarded to Defendants. Plaintiff further prays for costs of court and for such other and further relief, both general and special, as Plaintiff may be entitled to receive. Respectfully submitted, . COWLES & THOMPSON, P.C. 901 Main Street, Suite 4000 Dallas, Texas 75202 (214) 672-2000 Fax: (214) 672-2020 Ken C. Dippel City Attorney for Town ofAddison State Bar No. 05893000 Angela K. Washington Assistant City Attorney for Town ofAddison State Bar No. 20897155 LAW OFFICES OF BOYLE & LOWRY, P.C. By: 􀁄􀁾􀁚􀁴􀁲􀀠State Bar No. 04694000 4301 Wingren, Suite 108 Irving, Texas 75062 (972) 650-7100 Fax: (972) 650-7105 TRIAL ATTORNEY FOR PLAINTIFF TOWN OF ADDISON, TEXAS PLAINTIFF'S ORIGINAL PETITION IN CONDEMNATION -Page 5 Doi:.umenl/l; 103l3O3 EXHIBIT A Parcel 10 tield 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 IH) 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 described by metes and bounds as follows; BEGINNING at an "X" in concrete set in the proposed North right of way line of Arapaho Road and the South right of way line of a 100 foot wide railroad right of way as conveyed to Dallas Area Rapid Transit Property AcquiSition Corporation (herein referred to as DART) on December 27, 1990 and recorded in Volume 91008, Page 1390 of said Deed Records, said point being the cammal} Northeast corner of said called 1.3713 acre tract and Northwest 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 29, 1982 and recorded in Volume 83017, Page 2268 of said Deed Records; THENCE, SOUTH 00·08'05 H WEST, departing said lines and along 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 1ine 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 11, 1998 and recorded in Volume 98115, Page 03999 of said Deed Records, said called 1.10} acre tract being all of "Lot 5, Surveyor Addition, Addison West Industrial Park", an addition to the Town of Addison, as evidenced by the plat dated february 7, 1979 and recorded in Volume 79053, Page 0620 of said Deed Records; 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 (called 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 􀁾􀁲􀁯􀁦􀁥􀁳􀁳􀁩􀁯􀁮􀁡􀁬􀀠Land Surveyor, hereby certify that the legal description hereon and the accompanying plat represent an actual survey made on the ground under my supervision. w.Si,.,p;:, 􀁊􀁉􀀭􀀯􀁾􀀭􀁲􀁲􀀠 Ajub R. Sandhu, R.P.L.S. Texas Registration No. 2910 Page 2 of 2 EXHIBIT A 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 Dal s County, Texas, said 0.3664 acre tract of land being more particularly described by metes and bounds as follows; BEGINNING at an "X" in concrete set in the proposed North right of way line of Arapaho Road and the South right of way line of a 100 foot wide railroad right of way as conveyed to Dallas Area Rapid Transit Property Acquisition Corporation (herein referred to as DART) on December 27, 1990 and recorded in Volume 91008, Page 1390 of said Deed Records, said point being the cammal} 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 29, 1982 and recorded in Volume 83017, Page 2268 of said Deed Records; THENCE, SOUTH 00°08'05" WEST, departing said lines and along the cornman 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 cornman 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 ll, 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 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 (called 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. R. Sandhu, 􀀯􀁉􀀭􀀯􀁾􀀭􀀧􀁪􀀧􀁲􀀠R.P.L.S. Texas Registration No. 2910 Page 2 of 2 EXHIBITB, Parcel 10-TE Field Note 􀁄􀁥􀁳􀁣􀁲􀁩􀁾􀁴􀁩􀁯􀁮􀀠 Arapaho Road Project Town of Addison Dallas County, Texas BEING a 􀁤􀁥􀁳􀁣􀁲􀁩􀁾􀁴􀁩􀁯􀁮􀀠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 I") 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 0.0232 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, I?age 2888 of said Deed Records, said called 1.776 acre tract of land being all of Intervest Companies Addi tion, an addition to the Town of Addison, as evidenced by the plat dated October 29, 1982 and recorded in Volume 8301T, Page 2268 of said Deed Records said corner being in the 􀁾􀁲􀁯􀁰􀁯􀁳􀁥􀁤􀀠 North right of way line of Arapaho Road and the South right of way line of a 100 foot wide railroad right of way as conveyed to Dallas Area Rapid Transit Property Acquisition Corporation (herein referred to as DART) on December 27, 1990 and recorded in Volume 91008, Page 1390 of said Deed Records; THENCE, SOUTH 00·08'05" WEST, departing said lines and along the common East line of said called 1.3713 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 00·09'05" 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.1, L.P. on June 11, 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 wese Industrial Park", an addition to tne Town of Addison, as evidenced by the plat dated february 7, 1979 and recorded in Volume 79053, Page 0620 of said Deed Records; 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 5.00 feet to 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 way line of Arapaho Road, a distance of 202.14 feet (called 202.11 feet) to the POINT OF BEGINNING; CONTAINING 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. 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. 􀁾􀁴􀀮􀁀􀀠E. 􀁾7-:1b-(!) I A b R. Sandhu, R.P.L.S. Texas Registration No. 2910 Page 2 of 2 EXHIBITB 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 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 0.0232 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 29, 1982 and recorded in Volume 83017-, Page 2268 of said Deed Records said corner being in the proposed North right of way line of Arapaho Road and the South right of way line of a 100 foot wide railroad right of way as conveyed to Dallas Area Rapid Transit Property Acquisition Corporation (herein referred to as DART) on December 27, 1990 and recorded in Volume 91008, Page 1390 of said Deed Records; THENCE, SOUTH 00·08'05" WEST, departing said lines and along the common East line of said called 1.3713 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 sa'id cornman line, a distance of 202.14 feet to a point in the cornman 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 ll, 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 Volume 79053, Page 0620 of said Deed Records; THENCE, NORTH 00°08'05" EAST, departing said line and along the cornmon West line of said called 1.3713 acre tract and East line of said called 1.103 acre tract, 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 (called EAST), departing said common line and along the said proposed South right of way line of Arapaho Road, a distance of 202.14 feet (called 202.11 feet) to the POINT OF BEGINNING; \ l' CONTAINING 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. 77173, Page 135, Deed Records of Dallas County, Texas. A plat of even survey date herewith accompanies this description. I, Ayub R. Sandhu, a Registered Professional Land Surveyor, hereby certify that the legal description hereon and the accompanying plat represent an actual survey made on the ground under my supervision. 􀁾􀁾􀁋􀀮􀁾􀀠7-;Z'-O/A b R. Sandhu,R.P.L.S. Texas Registration No. 2910 Page 2 of 2 Rece:l.ved: 3/4/03 10:29AM; 2146722020 > Town 01' Add.lson; Paqe 1 􀁍􀁾􀁒􀀭􀀰􀀴􀀭􀀲􀀰􀀰􀀳􀀠10:47 COWLES &THOMPSON 2146722020 P.01/02 COWLES &THOMPSON A Professional Corporatlod ATTORNEVS AND COUNSELORS FACSIMILE COVER PAGE Time: _____Date: March 4. 2003 Total Number of Pages (Including this sheet): 2 Normal/Rush: Normal ClientIMatter #: 3305/62006 TO: (1) Randy Moravec: FAX: (972) 450·7096 PHONE: (2) Mike Murphy FAX: (972) 450-2837 PHONE: FROM: John M. Hill Direct Dial #: (214) 612·2170 MESSAGE: Randy and Mike, attached Is the proposed Purchaser's Statement In the Midway Centurion, L.td. purchase. Please review and let me know ifyou have any comments. IF YOU HAVE ANY PROBLEMS WrrH THIS TRANSMISSION, PLEASE CALL Yolanda Rodriguez at (214) 672·2629 Thank you. IMPORTANTICONFIDENTIAL: This message Is intended only for the use of the individual or entity to which it is addressed. This message contains Information from the law firm of Cowles & Thompson which may be privileged. confidenUal. and exempt from disclosure under applicable law. If the reader of this message is nottha inlanded recipient or the employee, or agent responsible for delivering the message 10 the intended recipient, you ere hereby notified that any dissemination, distribution. or copying of !his communication is stricUy prohibited. If you have received this communication in error, please notify us Immediately at our telephone number (214) 672·2000. We will be happy to arrange for the retum of this meuage 10 us, via the United States Postal Service, at no cost 10 you. 901 lUIN HUET SUITE 4000 DALI.AG, TEXU 7....·H93 DALLAS T Y L E R T£L 214.612.2000 FAX 214.672.202. WWW.COWlESTNOM'PSON.eol l ___ __ Received: 3/4/03 10;2eAM; 2146722020 -> Town 􀁯􀁾􀀠Addison; Page :2 MAR-04-2003 10:47 COWLES &THOMPSON 2146722020 P.02/02 lh'''UB[,IC 'l'rrLE orl 􀀧􀁬􀀧􀁾􀁘􀁁􀁓􀀬􀀠lNC. PURCHASER'S STATEMENT * SM,E 􀁾􀁊􀁜􀁏􀁍􀀺􀀮􀀠MInI/A.,. 􀁐􀀮􀁾􀁎􀁔􀁕􀁒􀁉􀁏􀁎􀀠LT.!ln a T•••§ 􀀮􀁵􀁾􀀮􀁩••d 􀁰􀁴􀁒􀁬􀁉􀁰􀁾._...... SAT,]! TO: . '%{II OF 􀁁􀁄􀁄􀁕􀀹􀁾􀀮􀀠_ .....___.. _ ••, "___,, 􀁐􀁬􀁜􀁏􀁲􀁾􀁒􀀧􀁬 􀀧􀁙􀀺􀀠 􀀮􀀭􀁩􀁬􀁊􀀱􀁉􀁉􀁜􀁙􀁾􀁬􀁮􀁏􀀡􀁕􀀱􀁄􀁄􀁉􀁾􀁲􀁵􀀡􀀢􀁆􀁾􀁾􀁔􀀠lIiDIIS.lllIAI" 􀁰􀁾. . 􀁟􀂧􀁡􀁾􀁲􀂥􀁬􀀹􀀮􀁴􀁜􀁴􀀠81W:, 􀁫􀁾􀁾􀁾􀁧􀀮􀁲􀁰􀀧􀁥􀁾􀁮􀀮􀁍.. 􀁾􀀠... , __,., •__..• f'tIltClIASE PRIeR: PLUS: CHARGES .. 􀀧􀀮􀀺􀁟􀀧􀀺􀀺􀀬􀁾􀀢􀀺􀀺􀀧􀀠􀀮􀁾􀀭􀀺􀀽􀀺􀀺􀀮􀀺􀁾􀁾􀀺􀀺􀀭􀀺􀀠􀁾􀀠-·""'-::-W.9.0􀀻􀁾􀁩􀁾􀀺􀁾􀀺􀁾􀁾􀁪􀁾􀀢􀁾􀁗􀁾􀀮􀁾􀀢􀀻􀁾􀀧􀁾􀁬􀁾􀀬􀁾􀀮􀀡􀀭􀁾􀁫􀁾􀀮􀀡􀀺􀀺􀀻􀀠' ....._-... w$ __' .... _. ....--_......._-.. $ _ .•• 􀁾􀁑􀀮􀀦􀁜􀀡􀀠 ..__...... $ --''''''---' $ --,,-..._,-'''_''." ..._,-_... , " ..... _---" ..,----, ...._-􀁾􀀠.. _-_...-.._.. "'--"'-'--'-----""--$ "---",,....--=-==-:::--" ....-_ ......._-,", $ $ . " ...._ • 􀀮􀁌􀀮􀁾􀀿􀀡􀀾􀀬􀀰􀀹􀀠$5 __.. ,,, $ $ '--"-"'" --$ _ ".__...._.. 􀁾􀁾􀀬􀁏􀁾􀀠-'-"'" ----,......----, $ --' '... _-'-""", ,,,-_._..... _-"'--"..,-$ ., " .. __.. .,.. -$ -.......--$ ._.-,-.,$ $ •__." , ...._• .. .---.. -$ _._..... • " •• -_.-... ,,,--$ ..._-_... 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'--==::..-:-:-== ---_."... $ --_...... ,------.,.,,_. -. ,,---_._----$ ---•...._-" "-'---""--$ ."._-, .... -_..-_...."....-::-======-=.....".,-_._.-$ ••, ..,,-_...--. --_.. ,,-----,-_......-."--,---.....----.....----.------.'-TOTAr'. 􀁾􀀢􀁯􀁭􀀭􀀭􀀢􀀭􀀢􀀢-$.. ___...LruL 1!AIMICE DUE BY 1'1I1!1.:lIASER $. 􀀮􀀮􀁊􀀬􀁊􀁩􀁬􀀡􀀮􀀬􀀡􀀮􀀺􀁾􀀮􀀡􀁬􀁪􀁟􀀠,:. l·urI'Lu....., cl\l.h:r1thaub.I!'6 􀁴􀀮􀀧􀁦􀁬􀁦􀁾􀁉􀁉􀁉􀁊􀁉􀀠tlr 􀁒􀀮􀀨􀁦􀀱􀁊􀁵􀁯􀁁􀁾􀀮􀁕􀁦􀀠􀁴􀁬􀁬􀁬􀁾􀀠hlllll.'lI!'bltd tid .. int'ltnIM11 , 2003 by Ron Whitehead, City Manager of the Town of Addison, Texas, a Texas municipal corporation, on behalf ofthe said municipal corporation. e MICHELE L. COVINO • • NOTAllYI'UBlJC.In'ATE OF TEXAS[Seal] 􀁂􀁙􀀺􀁾􀁾􀀠􀁣􀁫􀁾􀁾􀀠ii. 􀁾􀀮􀀮􀀩􀀬 􀁾􀀠MYOOMMISSIOHEXPIFIES09 -224005 N tary Public, State ofTexas Midway Centurion, Ltd. Easement Agreement P.ge-60f 6 EXIDBITA TO EASEMENT AGREEMENT Exbibit A to Midway Centurion, Ltd. Easement Agreement Parcel 7 Field Note Description Arapaho Road Project Town of Addison Dallas County, Texas BEING a description of a 0.9387 acre (40,890 square foot) tract of land situated in the W.H. Witt Survey, Abstract Number 1609, Town of Addison, Dallas County, Texas, and being a portion of a called 3.4654 acre tract of land, 25% interest conveyed by Epina Properties Limited to 15101 Midway Road Partners, LTD. 'on December 25, 1998 and recorded in Volume 98250, Page 02787 of the Deed Records of Dallas County, Texas, 75% interest conveyed by Lehndorff & Babson Property Fund to 15101 Midway Road Partners, LTD. on December 25, 1998 and recorded in Volume 98250, Page 02796 of said Deed Records, said called 3.4654 acre tract being all of the Surveyor Addition, Addison West Industrial Park, an addition to the Town of Addison, as evidenced by the plat dated October 24, 1978 and recorded in Volume 79029, Page 0984 of said Deed Records, said 0.9387 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 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, as it intersects the West right ::;: way line of Midway Road (100 feet wide), said point being t;,e common Northeast corners of said called 3.4654 acre tract ar.; said Surveyor Addition, Addison West Industrial Park; THENCE, SOU7H 00·58' 35" EAST, departing said lines and along t:>common East line of said called 3.4654 acre tract and West ri::... · of way line of said Midway Road, a distance of 13.57 􀀺􀁾􀀭􀀧􀀠(called 13.73 feet) to a 5/8 inch iron rod set for the beginr.:-: of a tangent curve to the right; THENCE, SOUTHERLY, continuing along said lines and the arc said curve to the right having a radius of 904.93 feet. central angle of 04"08'31", a chord bearing bearing South 01"05'04-􀁾􀂭for 65.40 feet, for an arc distance of 65.42 feet to a 5/8 :: iron rod set in the proposed South right of way line.of 􀁁􀁲􀁡􀁾􀀠" Road; Page 1 of 3 PARCEL 7 -ARAPAHO ROAD PROJECT THENCE, NORTH 89°58'49" WEST, departing said lines and along said proposed South right of way line of Arapaho Road, a distance of 516.94 feet to a 5/8 inch iron rod set in the common West line of said 3.4654 acre tract and East line 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, Page 03266 of said Deed Records, said 2.5212 acre tract being all of "Lot 6, Surveyor Addition, Addison West Industrial Park", 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 􀁒􀁥􀁣􀁯􀁲􀁤􀁳􀁾􀀠THENCE, NORTH 00°07'27" EAST (called North 00·08'05" East), departing said line and along said common West line of said 3.4654 acre tract and East line of said called 2.5212 acre tract, a distance of 78.96 feet to a 1/2 inch iron rod found in said 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 3.4654 acre tract and Northeast corner of said called 2.5212 acre tract1 THENCE, SOUTH 89°58' 49" EAST (called EAST), departing said lines and a long the common North line of said called 3.4654 acre tract, proposed North right of way of Arapaho Road, and South right of way line of said DART railroad, a distance of 517.78 feet to the POIH'l' OF BBGnmmG1 CONTAINING an area of 0.9387 acres or 40,890 square feet of land within the metes recited. Page 2 of 3 PARCEL 7 -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 􀁰􀁬􀁡􀁾􀀠of 􀁌􀁯􀁾􀀠3, Surveyor Addition, recorded in Vol. 77173, 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 :he accompanying plat represent an actual survey made on the ground under my supervision. II-!;l-ifJi. R. Sandhu, R.P.L.S. Texas Registration No. 2910 Page 3 :;f 3 CURVE TABLE CURVE L DELTA L RADIUS [LENGTH 1 Cl 1 04'08'31" 1 904.93' 1 65.42' 1 bDIST 13.57' CHORD S 01'05'04" W CALLED IJ 7)' 65.40' DAllAS ARE A RAPID TRANSITW.IXI. W01r1r 􀁾􀁉􀁬􀁬􀁊􀁉􀁒􀁬􀁗􀁪􀁧􀁗 􀀠PROPERTY ACQUISITION CORPORATION (100' R.O.W.) DE CE MBE R 27, 1990 VOL.. 91008, PG. 1390 A\a'iJ@@@D.R.D.C.T. rCAUED EAST) : P.O.B. : mo. 1/2" IRON 􀁒􀁾􀁟􀀠S 89'58'49" E 517.78 􀀮􀀮􀀬􀀮􀀮􀀮􀀮􀀭􀀭􀀭 􀀭􀀭􀀬􀀭􀀭􀀭􀀭􀀭􀀺􀀭􀀭􀀭􀀭􀀭􀀽􀁾􀁲􀀽􀀽􀀧􀀽􀀺􀀭􀀭􀀭􀀭􀁾􀀭􀀭􀀭􀀬􀀭􀀻􀀮􀀠􀁾􀁾􀀭􀀭􀀭􀀭􀁾􀀭􀀭􀁾􀀭􀀬􀀮􀀭􀁾􀀭􀀭􀁾􀀭􀀭􀀭􀀭􀁾􀁾􀁾􀁾􀁾􀁾􀁾􀁾􀁾􀁾􀁾􀀧􀁾􀁾􀁾􀁾􀁾􀁾􀁾􀁾􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀁾􀀭􀀭􀀭􀀭􀁾􀀭􀀭􀀭􀀭􀁾􀀭􀀭􀁾� �􀀭􀀭􀀭􀁾􀁾􀀺􀀺􀀻􀁾6' SANITARY 􀁓􀁅􀁗􀁅􀁒􀁾􀀠t: w f 􀁅􀁁􀁓􀁅􀁉􀁁􀁅􀁎􀁔􀁾􀀠__ _ 􀁾􀀮30' WATER __EAS_E_IAEN_T_ __ _____ 􀀡􀁾􀀢􀀠e--_ _ _ _ _ _ ..􀁄􀂷􀁾􀁾􀁥􀀭--PROPOSED ARAPAHO ROAD 􀀭􀁾􀀴􀀴􀀧DRAINAGE o ; !Z 􀀭􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀁾 EASEMENT \ Iii 􀁾􀀠If , .. . . . 􀁾􀀠 -CALlED 2.5212 AC. ,. : . < J. H. CROUCH .ft. AND JO DORIS CROUCH AUGUS T 4, 1997 LOT 4VOl.. 97153, PG. 03266 SURVEYOR ADDITIONCALlED 3.465 AC.D.R.D.C.T. (ADDISON WEST15101 MIDWAY ROAD PARTNERS, LID. INDUS TRIAL PARKLOT 6 DECEMBER 25, 1998 OCTOBE R 24, 1978SURVEYOR ADDITION VOl.. 98250, PG. 02787 (25X INTE RE S T) VOl. 79029. PG. 0984ADDISON WEST VOl.. 98250, PG. 027911 (75l1: INTE RE S T) D.R.D.C.T.INDUS TRIAL PARK D.R.D.C.T. MARCH 29. 1979 VOl. 79130. PG. 2495 , D.R.D.C.T. ! PARCEL 7 NOTES; A PLAT OF A 0.9387 􀁁􀁃􀁲􀁾􀁅􀀠(40,890 SQ. FT.) All EASEMENTS SHOWN ARE TAKEN fROM THE PLATS INDICATED 􀁾􀁾􀁾􀁾􀀮􀀭. TR,'.CT OF LAND HEREON. THE SURVEYOR DID NOT ABSTRACT THE SUBJECT PROPERTY SO ALL EASEIAENTS MAY NOT BE SHOWN. 􀁮􀁐􀀺􀀮􀀮􀀮􀀧􀁜􀁲􀁳􀀧􀁴􀀧􂂬􀁦􀀮􀀨􀀺􀀫􀀢􀀧􀁽􀁾􀁜􀀠IN THE lV.H. WITT SURVEY 1 A .' 􀁾􀀠*" '<-'."y 􀁾􀀠 ABS TRACT NO. 1609 ALL BEARINGS ARE REfERENCED TO THE NORTH RIGHT Of WAY 􀁾􀀠􀁾􀀮􀀺􀀺􀀧􀀺􀁾􀁾􀀺􀀮􀀢􀀢􀀢􀀮􀁾􀁾􀁾􀀺􀀧􀀺􀀢􀁾􀀠&. TOWN OF ADDISON LINE OF CENTURION WAY. CALLED S 89'51'55" E. ACCORDING TO • DENOTES A fOUND POINT AS INDICATED (;!, 􀀮􀁾􀀮􀁾􀁾􀁾􀀠..􀁾􀀺..􀀿􀁾􀁾􀀡􀁾􀁾􀁉􀀧􀁾􀁊􀀺􀀯􀀠DALI,AS COUNTY, TE XASTHE FINAL PLAT OF LOT 3. SURVE YOR ADDITION. RE CORDE D IN VOL. 77173. PAGE 135. D.R.D.C.T. • DENOTES A 5/8" IRON ROO SET UNLESS 􀁜􀁾􀀻􀀬􀀼􀀬􀀢􀀧􀁾􀁐􀀰􀀠􀀲􀀹􀀱􀀰􀀨􀁾􀁾􀀺􀁯􀀭;" 50 0 25 50 10r 􀀮􀀨􀁾􀀠.....A. ·.":€ss\)..􀁾􀁯(-' , A LEGAL DESCRIPTION Of EVEN SURVEY DATE HEREWITH OlHE RWISE NOTE 0 􀁁􀁊􀁬􀁜􀁜􀁾􀀢􀀧􀀮􀁪􀀻􀀩􀀠􀀮􀀧􀀬􀀺􀀮􀀺􀀧􀁾􀀠ol U,' p" 􀀱􀀮􀀮􀀮􀀭􀀭􀀺􀀮􀂧􀁾􀁉􀀻􀁾􀁩􀁩􀁩􀁩􀁩􀁩􀁩􀁩􀁩􀁩􀁩􀁩􀁩􀁉􀀠liiiiiiiiiiiiiiiiiiiiiiiiiiiiiiil---PROPOSED RIGHT Of WAY LINE A 'Q _& 􀁾􀀠􀁾􀀬􀁾􀁲􀀺􀀠_ . ,ACCOMPANIES THIS PLAT. 1.-1: /,' 􀀯􀁾􀁾􀀧􀀡􀀭􀀺􀁚􀀠_ '1 i<' GR,\PHIC SCALE r 1 INCH = 50 FT. EXHIBITB TO EASEMENT AGREEMENT The Remainder Tract is described as follows: A called 3.4654 acre tract ofland, 25% interest conveyed by Epina Properties Limited to 15101 Midway Road Partners, LTD. on December 25, 1998 and recorded in Volume 98250, Page 02787 of the Deed Records ofDallas County, Texas, 75% interest conveyed by Lehndorff & Babson Property Fund to 15101 Midway Road Partners, LTD. on December 25, 1988 and recorded in Volume 98250, Page 02796 ofsaid Deed Records, said called 3.4654 acre tract being all of the Surveyor Addition, Addison West Industrial Park, an addition to the Town of Addison, as evidenced by the plat dated October 24, 1978 and recorded in Volume 79029, Page 0984 of said Deed Records, SAVB AND EXCEPT the Easement Property as described in Exhibit A to this Easement Agreement. ExhibitB to Midway Centnrion, Ltd. Easement Agreement ( /I H C.« r l ---I 􀁯􀀨􀀢􀀧􀁲􀁾􀀠􀁬􀀾􀁜􀀮􀁾􀀧􀁊􀁾""'I.i' , " • s , 􀀮􀀧􀁾􀀠__!U-'.':"ii:-O'-'" (o.c·,,( to.CIt.,( REMA INDER OF 15101 MIDWAY ROAD PARTNERS .•TRACT CHARTER FURNITURE nlllllill r TTrrn CENTURION WAY K 􀁉􀁎􀁕􀁾􀁴􀀮􀀮􀀺􀀩􀀺􀀻􀀺􀀩􀀱􀀠EGRESS 􀁾􀀭􀀮􀁩􀁲􀁟􀀧􀀮􀀭􀀭􀁩􀁩􀀭􀀭􀀷􀀠----, { 􀁾􀀭􀀭----=-==== 􀀭􀁾􀀭􀀭􀁾__ L .. --.. --T--r.----I. EXHIBITC TO EASEMENT AGREEMENT ExhihitC to Midway Centurion, Ltd. Easement Agreement •• ....􀁾􀀮􀁾􀀢􀁾􀀮􀀢􀀮􀁾􀀢􀀠. '-1 ...TIiC.( ".,>Jl;\' 􀀢􀁾􀁩􀀠􀁾􀀠•• t 1 to" t. I 'IK • APPROXIMATE pARKINGSPACES LOCAT ION ·• CHARTER FURNITURE rrilfTTlllTmrr 􀁾􀁲􀀧􀁬􀀼􀁣􀀠.. ..... 􀀮􀁾􀀽􀀾􀀭..􀁾􀀺􀀮􀀭.. 􀀢􀀺􀀮􀀧􀀺􀀧􀀺􀀧􀀺􀁟􀁾􀀭􀀧􀀠􀀢􀀭􀀧􀁉􀁾􀀢0-:=:=:c..•. 􀀽􀀮􀁾􀀮􀀽􀀽􀁳􀁾􀀺􀀢􀀮􀀠INGRESSI CENTURION WAY I:O"t·[!tEGRESS .---.-------.......r.. .. -.. 􀀭􀁾.. -..c:. .. " "1')__ -.... fYCi"N-uHIt 􀁾􀀮􀀠 EXHIBITD TO EASEMENT AGREEMENT Exhibit D to Midway Centurion, Ltd. Easement Agreement Ingress/Egress License Agreement Field Note Description Arapaho Road Project Town of Addison Dallas County, Texas BEING a description of a 0.1226 acre (5,340 square foot) tract of land situated in the W.H. Witt Survey, Abstract Number 1609, Town of Addison, Dallas county, Texas, and being a portion of a called 3.4654 acre tract of land conveyed to Midway Centurion, Ltd. as evidenced by the deed dated February 27, 2002 and recorded in Volume 2002041, Page 07792 of the Deed Records of Dallas County, said called 3.4654 acre tract being all of "Lot 4, Surveyor Addition, Addison West Industrial Park", an addition to the Town of Addison, as evidenced by the plat dated October 24, 1978 and recorded in Volume 79029, Page 0984 of said Deed Records, said 0.1226 acre tract of land being more particularly described by metes and bounds as follows; COMMENCING at a 1/2 inch iron rod found at the cornmon Southwest corners of said called 3.4654 acre tract and said Lot 4 and Southeast corner of a called 2.5212 acre tract of land conveyed to Absolute Systems, Ltd. as evidenced by the deed dated July 2, 2002 and recorded in Volume 2002131, Page 07460 of said Deed Records, same being "Lot 6, Surveyor Addition, Addison West Industrial Park", 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, said found point being in the North right of way line of Centurion Way (60 feet wide), originally dedicated as Addison West Drive by the plat titled "Addison West Drive & Runyon Road" dated October 17, 1975 "and recorded in Volume 78202, Page 0879 of said Deed Records; THENCE, SOUTH 89°51'55" EAST, along the common south lines of said called 3.4654 acre tract and said Lot 4 and North right of way line of said Centurion Way, a distance of 19.07 feet to the Southwest corner and POINT OF BEGINNING of the herein described tract; THENCE, NORTH 00°07'27" EAST, departing said cornmon line and along a line parallel to the West line of said called 3.4654 acre tract and said Lot 4, a distance of 218.27 feet to the Northwest corner of the herein described tract located in the proposed South right of way line of Arapaho Road; Page 1 of 2 INGRESS/EGRESS LICENSE AGREEMENT ARAPAHO ROAD PROJECT THENCE, SOUTH 89°58'49" EAST, along said proposed South right of way line of Arapaho Road, a distance of 24.00 feet to the Northeast corner of the herein described tract; THENCE, SOUTH 00°07'27" WEST, departing said line and along a line parallel to the West line of said called 3.4654 acre tract and said Lot 4, a distance of 178.95 feet to an angle. point; THENCE, SOUTH 07°17'48" EAST, a distance of 39.71 feet to the Southeast corner of the herein described tract locating in the common South lines of said called 3.4654 acre tract and said Lot 4 and North right of way line of said Centurion Way; THENCE, NORTH 89°51'55" WEST, along the common South lines of said called 3.4654 acre tract and said Lot 4 and North right of way line of said Centurion Way, a distance of 29.13 feet to the 􀁐􀁏􀁾􀁎􀁔􀀠OF 􀁂􀁅􀁇􀁾􀁎􀁎􀁉􀁎􀁇􀀻􀀠CONTAINING an area of 0.1226 acres or 5,340 square feet of land within the metes recited. All bearings are referenced to the North Right of 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. 􀁾􀂣􀀮􀁾􀀬􀁑􀀻􀀱􀀠/---.J6-o J Ayub R. Sandhu, R.P.L.S. Texas Registration No. 2910 Page 2 of 2 Wtl.IHI. WtlO'ij"r 􀀤􀀱􀁊􀀱􀁉􀁾􀀧􀁗􀁾􀀧􀁉􀁦􀀠DAUAS AREA RAPID fRANSITAD lI(!lIl[!)® PROPERTY ACQUISITION CORPORATION (100' R.O.W.) DECEMBER 27. 1990 VOL 91008. PG. 1390 D.R.D.C.T. 􀂷􀁾􀀢􀁴􀀺􀁌􀀠T I.-·-!!'NO. 1/2" IRON ROD, ..... . . Ji. . 6' SANITARY SEWER-....... '-30'· WATER 􀁅􀁁􀁓􀁅􀁍􀁅􀁎􀁔􀁾􀀠,.MSEMEN_T_ = 􀁾_'_ = PROPOSED ARAPAHO ROAD 􀀭􀁾􀀠􀀢􀁉􀀬􀀭􀁉􀁉􀀻􀀺􀀺􀀻􀀺􀀻􀀺􀀭􀁲􀀭􀀧􀁾􀁮􀁲􀀴􀀻􀀭� �􀀠. ---_.-,-,􀀢􀀧􀀽􀀭􀀴􀀺􀀧􀁩􀁾􀀺􀀺􀁾􀁾􀁾􀀠􀀧􀁾􀀢􀀢􀀧􀁔􀀠.. Lb ---.J ft.... -,.. ...... I.......· f --I I .:" '__ 􀀢􀀧􀁉􀀢􀁾􀀠.-' • .4 􀁾􀀠􀀧􀁾􀀧􀁲􀀧􀀧􀀧􀀧􀀭􀁃􀁁􀁕􀀮􀁅􀁄􀂷􀀳􀀺􀁾􀀠AC. " • J CAlHD 2.5212 AC. LOT 6 􀁾􀁉􀀠􀁉􀁾􀀠􀁍􀁬􀁄􀁗􀁾􀁾􀁲􀀿􀀽􀀠LlD. <-I! .;1:ABSOlUTE SYSTEMS, LTD. SURVE YOR ADDITION .. I VOL 20D2041, PG. 07192 .IlLY 2. 2002 ADDISON WEST 11 􀁉􀁾􀀠D.ItD.C.T.VOL 2002131, PO. 01480 INDUS TRIAL PARI< D.R.D.C.T. MARCH 29, t979 LOT 4VOL 79130, F'. 2495 SURVE YOR ADDITIOND.R.D.C. T. 􀁾􀁬􀁉􀁩􀀠ADDISON WES T INDUS TRIAL PARI< 507'17'48"£ OCTOBER 24. 1978 VOL 79029, PG. 0984 zl If' P.O.C. jV 38.71' IFND. 1/2" IRON IRON ROD, D.R.D.C.T. j CENTURION WAY SB9"51'SS"£J) '-N89OS1'SS"W (10' R.O••• ) (ADDISON lEST DRIVE)19.01' 29.13' (WI.. 111202. PO. 01711)P.O.B. I A PLAT OF A INGRESS/EGRESS NOTES: LlCHlSE AGREEMENT 0.1226 ACRE (5,340 SQ. FT.)ALL EASEMENTS SHOWN ARE TAKEN FROM lHE PlATS INDICATED TRACT OF LANDHEREON. lHE SURVEYOR DID NOT ABSlRACT lHE SUB..ECT PROPERTY SO ALL EASEMENTS MAY NOT BE SHOWN. IN THE W.H. WITT SURVEY ABS TRACT NO. 1609 ALL BEARINGS ARE REFERENCED TO lHE NORlH RIGHT Of' WAY 􀁔􀁏􀁾􀀢􀁎􀀠OF ADDIS ONI LINE OF CENTURION WAY. CALLED S 89'51'55" E, ACCORDING TO DALLAS. COUNTY, TE XAS: lHE fiNAL PLAT Of' LOT 3, SURVE YOR AODI11ON, RE CORDE 0 IN , VOL. n173, PAGE 135, D.R.D.C.T. • DENOTES A rOUND POINT AS INDICATED o 50 100 A LEGAl. OESCRIPTION Of EVEN SURVEY DATE HEREWllH • DENOTES A 5/8" IRON ROD SET UNLESS I-'ACCOMPANIES lHIS PLAT. [,OlHERWISE NOTED --....--;. I ---PROPOSED RIGHT OF WAY LINE ',' GRAPHIC SCALE 􀁾􀁏􀁗􀁌􀁅􀁓􀀠&THOMPSO. A Professional Corporation ATTORNEYS AND COUNSELORS JOHN M.H1LL 214.,72.211Q JHfLL@COWLESTHOMP$ON-COM February 18, 2003 VIA HAND DELIVERY Mr. Dick Rogers Rogers & Wright 1341 West Mockingbird Lane, Suite 950W Dallas, TX 75247 RE: Midway Centurion, Ltd. Dear Dick: Attached please find one (1) execution copy of a Partial Release of Lien as we have discussed. As I mentioned to you in my e-mail this afternoon, I have added a form of acknowledgement, but I would ask that the Bank review the form to make sure that it is the proper form for 􀁾􀁨􀁥􀀠Bank and to make any changes as necessary. Ifyou have any questions, please give me a call. Very truly yours, JMH/yjr Attachments cc: Mr. Mike Murphy (wlEnc1osures) Mr. Ken Dippel (wlEnclosures) 'lOI MAlN STREET SUITE 4000 DALLAS, TEXAS 15202·3793 o ALL A S T Y L E R TEL 214 672"2000 FAX 214.1>72.2020 WWW.COWLESTHOMPSQN.COM Release of Lien (PARTIAL) THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DALLAS WHEREAS, on the 27th day ofFebruary, A.D. 2002, MIDWAY CENTURION, LTD., a Texas Limited Partnership (hereinafter called "Maker"), whose address is 15101 Midway Road, Addison, Dallas County, Texas 75001, did execute, acknowledge and deliver to DAVID F. WEAVER, TRUSTEE, a Deed of Trust and Security Agreement dated February 27, 2002, recorded in Volume 2002041, Page 07797, ReaL Property Records, Dallas County Texas (the "Deed of Trust"), covering the following described real property (together with any improvements thereon and rights and appurtenances thereto) located in Dallas County, Texas: See Exhibit A attached hereto and incorporated herein (the "Property"), securing a Real Estate Lien Note in the original principal sum ofTwo Million Eight Hundred Sixty Thousand and No/lOO Dollars ($2,860,000.00) (the "Note"), payable to FIRST BANK & TRUST (being the holder ofthe Note and the liens herein described and hereinafter called "Payee"), whose address is 2101 Gateway, Irving, Dallas County, Texas 75038, and securing other indebtedness as described therein, if any and as therein provided; such Note being further secured by: (i) a Vendor's Lien retained in favor ofPayee in that Warranty Deed With Vendor's Lien dated February 27,2002 and filed ofrecord on February 28,2002 and recorded in Volume 2002041, Page 07792, Real Property Records, Dallas County, Texas (the "Vendor's Lien"), (ii) that Assignment of and Lease and Rents executed as of February 27, 2002 and filed ofrecord on February 28,2002 and recorded in Volume 2002041, Page 07815, Real Property Records, Dallas County, Texas, (iii) that UCC Financing Statement filed February 28, 2002 and recorded in Volume 2002041, Page 07821, Real Property Records, Dallas County, Texas, and (iv) that Assignment ofLeases and Rents made as of February 27, 2002 and filed of record on or about March 7, 2002 and recorded in Volume 2002048, Page 02391, Real Property Records, Dallas County, Texas. AND, WHEREAS, THE said Note with accrued interest thereon has been partially paid to the undersigned, the legal and equitable holder and owner ofsuch Note; NOW, THEREFORE, the undersigned (and being the Payee as described hereinabove), in consideration ofthe premises and ofthe partial payment ofsaid Note, the receipt of which is hereby acknowledged, has this day and does by these presents RELEASE, DISCHARGE AND QUITCLAIM unto the Maker, its successors or assigns, as the case may be, all the right, title, interest and estate in and to the Property above described which the undersigned has or may be entitled to by virtue ofsaid Deed ofTrust and the Vendor's Lien described above, and all ofthe other instruments described above, and does hereby declare the same FULLY RELEASED AND DISCHARGED therefrom, and from any and all other liens and security interests securing any indebtedness held by the undersigned whatsoever without regard to how they were created or evidenced. The undersigned expressly waives and releases all present and future rights to establish or enforce the lien or liens described in the said Deed of Trust, the Vendor's Lien, and all other Partial Release of Lien -Page 1 of Z instruments described above as security for payment ofany future or other indebtedness. It is expressly understood that this is a PARTIAL RELEASE and releases the liens securing the payment ofthe above described indebtedness as to the Property only, and nothing herein shall be construed to waive, affect, release or impair the validity ofthe liens securing the payment ofsaid indebtedness as to any other property set out and described in the above mentioned instruments. EXECUTED this,___day of ______, A.D. 2003. FIRST BANK & TRUST Typed Name:___ .__________ Title:.____.__ _ _ _______ STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me on ,2003 by ____ __________•__________ofFirst Bank & Trust ("Bank"), a _ _______________, on behalfofsaid Bank. [Seal] By:_:-::-_-.-.-:--_-:--____ Notary Public, State ofTexas My Commission Expires: _______ Partial Release of Lien -Page 2 of 2 EXHIBIT A TO PARTIAL RELEASE OF LIEN Exbibit A to Partial Release of Lien Parcel 7 rield Note Description Arapaho Road Project Town of Addison Dallas County, Texas BEING a description of a 0.9387 acre (40,890 square foot) tract of land situated in the W.H. Witt Survey, Abstract Number 1609, Town of Addison, Dallas County, Texas, and being a portion of a called 3.4654 acre tract of land, 25% interest conveyed by Epina Properties Limited to 15101 Midway Road Partners, LTD. 'on December 25, 1998 and recorded in Volume 98250, Page 02787 of the Deed Records of Dallas County, Texas, 75% interest conveyed by Lehndorff & Babson Property rund to 15101 Midway Road Partners, LTD. on December 25, 1998 and recorded in 􀁖􀁯􀁬􀁾􀁭􀁥􀀠98250, Page 02796 of said Deed Records, said called 3.4654 acre tract being all of the Surveyor Addition, Addison West Industrial Park, an addition to the Town of Addison, as evidenced by the plat dated October 24, 1978 and recorded in volume 79029, Page 0984 of said Deed Records, said 0.9387 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 of Arapaho Road and the South right of way line of a lJO foot wide railroad right of way as conveyed to Dallas Area Rap:d Transit Property Acquisition Corporation (herein referred to as DART) on December 27, 1990 and recorded in Volume 91008, ?age 1390 of said Deed Records, as it intersects the West right 􀀺􀀺􀁾􀀠way line df Midway Road (100 feet wide), said point being 􀀽􀁾􀁥􀀠common Northeast corners of said called 3.4654 acre tract ac.:; said Surveyor Addition, Addison West Industrial Park; 􀁾􀁈􀁅􀁎􀁃􀁅􀀬􀀠SOU7H 00"58'35" EAST, departing said lines and along ::.' common East line of said called 3.4654 acre tract and West 􀁲􀀺􀁣􀁾􀀧􀀠of way line of said Midway Road, a distance of 13.57 -_. (called 13.73 feet) to a 5/8 inch iron rod set for the 􀁢􀁥􀁧􀁩􀁮􀁾􀀺􀀧􀀠of a tangent curve to the right; THENCE, SOUTHERLY, continuing along said lines and the arc said curve to the right having a radius of 904.93 􀁦􀁥􀁥􀁾􀀬􀀠centra l angle of 04"08'31", a chord bearing South 01"05'04 H 􀁾􀂭for 65.40 feet, for an arc distance of 65.42 feet to a 5/8 􀁾􀀺􀀠iron rod set in the proposed South right of way line of Arac. Road; I?age 1 of 3 __ .KCEL 7 -ARAPAHO ROAD PROJECT THENCE, NORTH 89°58' 49" WEST, departing said lines and along said proposed South right of way line of Arapaho Road, a distance of 516.94 feet to a 5/8 inch iron rod set in the common West line of said 3.4654 acre tract and East line 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, Page 03266 of said Deed Records, said 2.5212 acre tract being all of "Lot 6, Surveyor Addition, Addison West Industrial Park", 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; THENCE, NORTH 00°07'27" EAST (called North 00°08'05" East), departing said line and along said common West line of said 3.4654 acre tract and East line of said called 2.5212 acre tract, a distance of 78.96 feet to a 1/2 inch iron rod found in said 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 3.4654 acre tract and Northeast corner of said called 2.5212 acre tract; THENCE, SOUTH 89°58'49" EAST (called EAST), departing said lines and along the common North line of said called 3.4654 acre tract, proposed North right of way of Arapaho Road, and South right of way line of said DART railroad, a distance of 517.78 feee to ehe POrNT OF BBG%NHIHG; CONTAINING an area of 0.9387 acres or 40,890 square feet of land within the metes recited. Page 2 or 3 dARCEL 7 -ARAPAHO ROAD PROJECT All bearings are referenced to the North Right of Way 1ine 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-/;/-77 A ub'R. Sandhu. R.P.L.S. Texas Registration No. 2910 Paqe ' z f ) ------------------DAlLAS ARE A RAPID TRANSIT 􀁾.!MI. 􀁾􀁄􀀧􀁪􀁪􀀢􀀧􀁪􀁪􀀢􀀠􀁓􀁏􀁊􀁊􀁾􀁗􀁲􀁧􀁗􀀠PROPERTY ACQUISITION CORPORATION '(100' R.O.W.)􀂣􀁯􀁩􀁬􀁾􀁀􀁾􀀹􀀠DECEMBER 27. 1990 VOl. 91008, PG. 1 J90 D.R.D,C.T. 1) (CAU..l:D [ASmo. 1/2' IRON 􀁒􀁾􀀠􀁾􀀠P.O:!;.:S 89'S11'49" E -517.78' --6' SANITARY 􀁓􀁅􀀮􀁅􀁒􀁾􀀠30' WATER 􀁅􀁁􀁓􀁅􀁍􀁅􀁎􀁔􀁾􀀠_ EASEMENT -: PROPOSED ARAPAHO ROAD -􀁾_ 44' DRAINAGE __ ; EASEMENT . 􀁾􀀠CAU.ED 2.5212 AC. J. H. CROUCH .ft. AND JO DORIS CROUCH AUGUST 4. 1997 \/til. 97153, PC. 03266 D.R.O.C.T. lOT 6 SUR'JE YOR ADDITION ADDISON WEST INDUS TRIAL PARK MARCH 29, 1979 \/til. 79130. PC, 2495 D.R.D.C.T. • : io .' LOT 4 \ CAU.EO 3.485 AC, 15101 N!OWAY ROAD PARTNERS. LID, DECEMBER 25. 1898 \/til. 98250. PG, 02787 (25" INTE RE S T) \/til. 98250. pc, 02798 (75" INTEREST) D,R,O.C.T. SUR'JEYOR ADOmON ADDISON WEST INDUS tRiAl PARK OCTOBER 24, 1978 VOl. 79029, PG. 0984 D.R.D.C.T. ...I 􀁾􀀮􀀠U􀀮􀁾􀀠.. , . I , NOTES: All EASEMENTS SHOWN ARE TAKEN FROM THE PLATS INDICATED HEREON. THE SURVEYOR DID NOT ABSTRACT THE SUBJECT PROPERTY SO ALL EASEMENTS MAY NOT BE SHOWN, ALL BEARINGS ARE REF'ERENCED TO THE NORTH RIGHT OF' WAY LINE OF' CENTURION WAY. CALLED S 89'51'55" E. ACCORDING TO THE FINAL PLAT OF' LOT J, SURVEYOR ADOlnON, RECORDED IN • VOl. 77I7J, PAGE 135. D,R.D.C.T. • A LI:'GAl OESCRIPTION OF' EllEN SURIlEY DATE HEREWITH ACCOMPANIE S THIS PLAT. PARCEl 7 A PLAT OF A 0.9387 ACRE (40,890 SQ. FT.) mACT OF LAND IN THE W.H. WITT SURVE Y ABsmACT NO. 1609 TOWN OF ADDISON DALLAS COUNTY, TEXAS o 25 50 1(1' -.. • 􀁉􀁾􀁩􀁩􀁩􀁩􀁩􀁩􀁩􀁩􀁩􀁩􀁩􀁩􀁩􀁩􀁩􀁩􀁩􀁩􀁬􀀠GRAPHIC SCALE , INCH", 50 FT. JWLES &THOMPSO ... A Professional CorporatiQn ATTORNEYS AND COUNSELORS KENNETH C DIPPEL 214.412.2158 KDtPpcL@COWLESTHOMPSON'.cOM February 6, 2003 Mr. Eddie Vassallo Law Offices ofEddie Vassallo, P.C. Regency Plaza 3710 Rawlins, Suite 1200 Dallas, Texas 75219-4276 Re: Parcel Nos. 10 & 10TE, Arapabo Road Project 4125 Centurion Way, as Part of David Myers Survey, Abstract No. 923 Dear Mr. Vassallo: As you may be aware, your client Mr. Dennis Coe and the prospective buyer for the above-referenced property, Mr. Mike Oxteen, met with Town ofAddison staff on January 23, 2002. My office has been infonned by staff that during the meeting, Mr. Coe requested that the Town repeat its final offer. Pursuant to that request, the enclosed letter was sent by Town of Addison City Manager Ron Whitehead to Mr. Coe repeating the offer and extending an opportunity to him to respond in writing by February 14,2003. For your infonnation and convenience, I am enclosing a complete copy of the October 23, 2002 appraisal referred to in in the letter. We look forward to Mr. Coe's response. Ifyou have any questions, please do not hesitate to call. 􀁾􀁾􀀠_thC. Dippd,􀁾􀀧􀁬􀁉􀀧􀁥􀀢􀀢􀁹􀂭Town of Addison KCD/yjr Enclosures c: Ron Whitehead Mike Murphy Steve Chutchian Angela K. Washington 901 MAIN STREET SUITE 4000 DALLAS, 􀁔􀁾􀀧􀀠D ALL A S T Y L E R TE.L 214.672.2000 FAX 214.672.2020 Dorumtnt. !OJ7771 WWW.COWLESTHOMPSON.COM ·EB 05 2003 e: 45 JF ADDISON 97 􀁾􀀲􀁥􀀳􀀷􀀠p.2 February 3, 2003 Mr, Dennis Coe 4125 Centurion Way. L.P. 4125 Centurion Way Addison, Texas 75001-4347 Re: Parcel Nos. 10 & 1OTE, Arapaho Road Project 4125 Centurion Way, as Part of David Myers Survey, Ab$1l'let No. 9.23 Dear Mr. Coe: . Pursuent 10 the January 23, 2003 meeting betwaen you and Mr. Mike Oxtlllln end my staff, thls letter repeals the Town of Addison's final offer for the above-referanced property. The Town Is willing 10 purchase the property and the temporary easement for $35,559.00. This sum represents just compensatfon for the property and easement as detarmlned by the Town's most recent appraisal dated October 23, 2002, A copy of the summary sheet was provlded to you at the meeting. For your convenience, I am enclosing another copy. Please respond in writing by February 14, 2003. If we do not receive a wrilten response from you by February 14, 2003, we will proceed 10 file an action In condemnation, Sincerely, • 􀁾􀀭􀁗􀁜􀁜􀀺􀁏􀁌􀀧.,0 Ron Whitehead City Manager Enclosure c: Ken C. Dippel . Angela K. Washington Cor1llltd MIlI.fttlLlm RlI...lpt 70022410 0004 5351 11375 AN APPRAISAL REPORT OF mE 4125 CENTURION WAY, L.P. PROPERTY A COMMERCIAL Bun.DING FAClllTY LOCATED AT 4125 CENTURION WAY TOWN OF ADDISON, DALLAS COUNTY, TEXAS MAPSCO 0-14B PREPARED FOR MR MICHAEL MURPHY, P.E. DIRECTOR OF PUBUC WORKS TOWN OF ADDISON 16801 WESTGROVE ADDISON, TEXAS 75001 EFFECTIVE DATE OF REPORT OCTOBER 23, 2002 PREPARED BY HlPES & ASSOCIATES 7557 RAMBLER ROAD . SUITE260 . DAIJ..AS, TEXAS 75231 AiIPES & ASSOCIATFS REAL ESTATE APPRAISERS/cONSULTANTS !\IAll.INa AOORESS: P,o.aoX6OO1:>frd: •.. 􀀭􀁾􀀻􀀻􀀱􀀢􀀼􀀧􀁩􀁾􀀧􀀧􀀧􀁾􀀠",;£111.'.•.[\;;,\J;;;;(,'_':;....,..•..• 􀀧􀀺􀁾􀀠􀁾􀁲􀀮􀀻􀀯􀂷􀀠:iT..; .. .... ' .. T·."""" . Sales PriceJSF $4.37 $4.50 $3.15 • ..().. ..()..()..􀀡􀁾􀀠A Sales Pricef.)F $4.37 $4.50 $3.15 Financing Terms Adjustment ..()..().. ..(). Cash '"'I' Pricef.)F $4.37 $4.50 $3.15 Conditions of Sale • ..(). ..().. ..(). • Pricef.)F $4.37 $4.50 $3.15 Conditions ..(). ..(). ..().. • Pricef.)F $4.37 $4.50 $3.15 Location -20% ..().. -10% ZooiDg Adjustment ..().. .:0..(). Htllitv·· ..().. -10% +15% Size A +10% +5% +7% Net Physiea1 􀁾􀁕􀁊􀀠Factor -10% -5% +12% Net Adjusted PiiceJSF $3.93 $4.28 $3.53 Market Value Estimate -Subject Site The comparable sales prices range from $3.53f.)F to $4.28f.)F after adjustments. The average of the adjusted sales is $3.91f.)F. Based on the lack of recent physically c10se land sales tempered by a slowing market, it is the appraiser's opinion that a value for the subject as indicated slightly above the average of the adjusted sales is appropriate, or $4.oof.)F. Considerable weight was accorded to Sale #3, it being the most recent sale of a similar potential use as the subject site. Approximately 16,171 SF of the subject site is encumbered with a 30' water easement and a 50' drainage channel easemenL 'These are surface encumbrances which restrict, but do not eliminate, the development rights within this :20214' x SO' area adjacent to the south side of the DART rail line. The area encumbered by these· easements may be improved with approved (licensed) improvements, but not permanent structures. This combined easement area is estimated to retain SO% of it's fee simple value in relation to the whole site due to it's restricted rights of use. Therefore. the site value "'-'Ould be made up as follOYl!l: B,IIdablt Site Area Value Estima!!/SF Il!!!l 43,563 SF (Fee Simple Area) x $4.00 == $174,252 (59,734 SF,less 16,171 SF) 16,171 SF (Easement Areas) x $2.00 = S 32.342 (IJ)" x 20214') ESTIMATED MARKET VALUE OF SUBJECf TRACf, Called $296,594 20 COST APPROACH TO VALUE-. A:i. noted, the CoIIt Approach to Value estimates the replacement or reproduction costs of the improvements plUl land value to arrive at an indication of worth for the property appraised. This theory of valuation is based on the Principle of Substitution which holds that a knowledgeable purchaser will not pay more for a property than that amount for which he can obtain a property of equal utility and desirability by acquiring a site and constructing a building thereon within a reasonable period of time. This approach entails the following: 1. Estimation of the current replacement or reproduction cost of the improvements. 2 Estimation of all accrued depreciation, if any, of the improvements, deducting such depreciation from the current cost estimate. 3. Adding the value of the land as estimated by the Sales Comparison Approach to the estimated depreciated cost of the improvements. Reproduction cost is defined as the cost required to exactly duplicate the existing improvements as of the effective date of the appraisal. Replacement cost is that estimated required to construct at current prices the Subject improvements with equivalent utility to the existing structure using current standard design taynut and modem materials. As the Subject building is :!:19 years old and the fact that these kind of structures are of fairly standard design and construction, it is our opinion that utilization of replacement cost is appropriate within the Cost Approacb. Replacement Cost Estimate Direet BulldiDI CQsts Our source for current cost data is from the Marshall and Swift Valuation Service as adjusted for time and locational variances. It is our opinion that this building has the characteristics of the "Good Class C' industriaVengineering buildings as descnbed by Marshall and Swift. On Section 14, Page 16, which describes this type of building, current estimated replacement costs are stated at $65.77 /SF for Class "C' Good and S44.96ISF for Average construction. Industrial/engineering buildings are similar to light industrial buildings in exterior design and j;OIIStructiou. The principal differences are in the internal design and finish-out. Light industrial space tends to be 5% to 25% office finish-out, with the balance in warehouse space and generally non·air-conditioned. Engineering space tends toward 80%+ finish-out and 100% air-conditioned space. This amount must be adjusted by factors also prepared by Marshall and Swift for time lapse to the present from COlt preparation date-l.O'2x-and adjustment for price differentials caused by different physical geographic Iocations-O.92x. Multiplying these two factors times the S6S.77/SF indicates a current estimated Ieplacement cost for the Subject at S61.72/SF. Also included in direet costs are elements not covered in the per square foot amount published by Ma!,!hall and Swift. These items would include the cost of the Jandscaping, the asphalt and concrete lot paving, and developer's profit. The estimated cost of the landscape is S2O,OOO. This estimate is based 011 interviews with developers as CI'OSIi·referenced with Marshall and Swift. The guard post/cable barrier is estimated @$410. 21 The other major e1emen.t of direct expense not covered in the per square foot cost is the amount for paved parking and drives. It is estimated that there is approximately 16,450 SF of paving associated with the subject pmperty (site size less building & landscape area) adjacent to the building. The concrete paving is estimated to be 4" reinforced concrete at a current new cost estimate of S3.501SF (per Marsha" and Swift estimates). This equates to $57,575 for the concrete paving for parking and drives associated with the subject building. Indirect Costs Other elements of construction costs not covered in the basic per square foot amount in Marshall and Swift are an aUowance for entrepreneurial profit, loan fees and expenses over and above interest during construction-which are included in the basic square foot cost-and the initial leasing and marketing costs. Our estimate of entrepreneurial profit is based on 10% of the direct replacement cost. It is our opinion that it is logical to assume that a developerlbuilder would require and 􀁾􀁴a profit for coordination required to take a project such as the subject from inception to completion. Based on historical experience, the profit as calculated is reasonable and supported by past market activities. The Marsha" and Swift published prices do cover interest during construction but not loan fees. Depredation. General Depreciation is defined in most appraisal textbooks as a loss in value as of the date of the appraisal from total replacement or reproduction costs. That depreciation may faU within three different categories. Those categories and the method of estimating the depreciation in each category are explained in the following paragraphs. Pbyslc;aJ Deterioratiog Curable physical deterioration refers to items of deferred maintenance. This applies only to items requiring immediate repair. The measure of this category is the cost to correct or cure. Repairs to items such as the roof, painting the interior, carpeting and painting the exterior are typical items of curable physical deterioration. The building in general demonstrated an average standard of ongoing repair and maintenance. In our opinion, no deduction for Curable Physical Depreciation is indicated. Slfort·Uftd IDcnrable pllyskal depredation recognizes that, while the majority of the structural components will have a life equal to the economic life of the total building, some will have a shorter life and a deduction must be made to allow for their gradual deterioration and eventual replacement. This antount is calculated by multiplying the percentage derived by dividing effeaive age by total physical life timeI the estimated replacement cost of the short-lived component. UBI-lived physical ineurable cIepndatIoII takes into account the decline in value due to normal wear and tear on the basic building ItI'III:tUre and any concurrent loss in economic use due to its age. This amount is typically calculated by dividing the effective age of the building by its estintated economic life and multiplying the percentage result times the total replacement cost new IesI physical curable depreciation and the replacement cost ofshort-lived items for which physical incurable depreciation is taken, then, deducting that figure from replacement cost-new. Functional Obsolesc:egce Functional obsolescetlce is loss in value attributable to such factors as poor design, changes in technology and super-adequacies andlor deficiencies in the construction. Incurable Functional 􀁏􀁢􀁳􀁯􀁾􀁣􀁥􀀠OCCIUS where deficiencies or super-adequacies are involved and the cost to cure is greater than the anticipated increase in utility or benefits to be derived. Ibis fonn of depreciation is usually measured by tbe capitalization (by the rate developed in tbe Income Approacb) of tbe net income loss attributable to the deficiency or super-adequacy. Curable FUDctloaal Obsolescence is that for wbich tbe cost to cure provides equivalent or superior economic returns to the property. As noted, the Subject improvements are in conformity with development within tbe neigbborhood. We note that tbe building is in good physical condition. As such, it is our opinion tbat tbere are no elements of curable or incurable functional obsolescence present in the subject property. Accrued Depredation Estimate by Lire Method Ibis method of estimating total accrued depreciation is found by multiplying the percentage derived by dividing tbe effective age by tbe estimated total economic life of tbe building times tbe estimated replacement or reproduction costs of tbe improvements. The Marsball &: Swift guidelines indicate a typical economic life for industrial flex buildings of the type and construction quality of the subject to be ±SOyears. The building's actual age is approximately 19years and we consider its effective age to be :t19 years due to its present condition and quality of upkeep. The following table shows the calculation of Depreciation of All Items as descnOed.Estimated Direct Building Replacement Cost New (Building) S 996,346 xO.38lunes Ratio of Effective Age to Use Life (19fSO) $ 378.611Estimated Incurable Physical Depreciation, Long-Lived Items Economic Obsolescence EconOmic obsolescence is a loss in value caused by detrimental influences outside the site. Unsightly orundesirable nearby usages usages such as salvage yards and heavy industrial plants that bave an adverse effect on the value of the appraised property are causes of tbis type ofvalue loss. Economic loss is always incurable and it is measured by either capitalizing the rent loss attributable to the negative influence or by comparable sales. We find no adverse physical influences so affecting the Subject property as to produce economic loss from tbat cause. There followl a Cast Approach Summary tabulating the preceding data leading to subject'S value estimate by this method. " , COST APPROACH SUMMARY DInctCGsts 16,143 SF @S61.72ISF« Main Building $ 996,346 Fencing 410 Landscaping 20,000 Concrete Paving 57.575 Total Estimated Direct Costs Indirect Costs Entrepreneurial Profit @10% $107,000 Loan Fees (est.) 16,000 Total Esttmated Indirect Costs Total Estimated Replacement Cost New Estimated DepreeiatloD Main Building (.38 x$996,346) $ 378,611 Paving (.20 x $57,575) 11,515 Landscaping ..0Barrier Fencing ..0Depreelated Repillcement Cost Add: Site Value Estimate by Market ComparisoD Total Estimated Replafement Cost After Depreelatlon ES'l'Jl\1ATED MARKEr VALUE BY COST APPROACH, Called $1,074,331 123,000 $1,197,331 « 390,126 $ 807,205 206,594 $1,013,799 11.011.000 (±$59.98{SF) 24 INCOME APPROACH TO VALUE As discussed previously in the Appraisal Process section, the Income Approach to Value is the result of the analysis of the projected gross income stream for the subject property less vacancy and expenses to determine what net operating income for it can reasonably be expected. The first step in the Income Approach is determining what income can be achieved by the property under prudent management. This section typically directs itself to deriving rent comparables from similar properties in the subject's area to determine the stabilized gross annual income potential for it. From that gross annual income, a vacancy and collection loss factor is deducted to arrive at an effective gross income. From the effective gross income, total estimated operating expenses for the project are deducted to arrive at a proforma net operating income. This figure is converted to a value indication through a process known as capitalization. There follow rent comparables of other office/warehouse buildings in subject's area. From the comparables, we will evaluate current market rents and expenses in preparation of a pro forma operating statement leading to an estimated Net Operating Income (NO!) for the subject property. This NOI can then be capitalized into an indication of Market Value by the Income Approach. 25 Property/Loaltioa: Improvement Data: Construction & Design: Year of Construction: Condition: Gross Bui.lding Area: Rentable Bldg. Area: Rental Data: Rent/SF/Year: Lease Structure: Lease Term: Occupano/Comments: Survey Date: Mapsc:GC Rent Comparable #1 15101 Midway Road, Addison, Texas Brick Veneer 1979± Good 58,900 SF; estimated· 100% Ale 58,900 SF S7.00ISF • net Absolute triple net, tenant pays aU expenses ±5 years typical ±100% This property is in very close proximity to the subject and represents a higher use than the subject. The property owner occupies the comer portion of the building and leases the Centurion portion of the building. The tenants tend to be retail oriented. This also represents a partial lease of a new sale. 09102 Owner 0·14B 26 Property/Locatlolll Improvement Daw Construction &. Design: Year of Construction: Condition: Gross Building Area: Rentable Bldg. Area: Rental Daw RentlSFIYear: Lease Structure: Lease Term: Oa:upancy: Comments: SIll"Ve1 Date: Verifted by: Mapscoc Rent Comparable #2 3220 Commander, Carrollton, Texas Masonry/Glass Store-Office front design 1980 23,000 SF: 100% NC, Office/Tech 23,000 SF $8.ooISF. net Estimated expenses @$2.ooISF; estimated $9.ooISF finish-out. S years 100% -This is a newly signed lease This is a very similar presentation on a minor street. It is located on an interior street like the subject and is of roughly comparable size to the subject. O9iOO &. 09102 Pat Haggerty w/CampbeU Company D-4N 27 Property/Locatlom Improvement Data: Construction & Design: Year of Construction: Condition: Gross Building Area: Rentable Bldg. Area: Rental Data: Rent/SF/Year: Lease Structure: Lease Term: Occupancy: Comments: SaneyDate: VerfJIed by: Mapsco: Rent Comparable #3 Northeast comer ofWest grove & Excel Pkwy., Addison, Texas Concrete panel; officelwarehouse (engineering) design. ±2001 ExceUent ±228,400 in 4 buildings ±28,400SF $9.S0ISF Landlord pays taxes, insurance, & CAM: est. at $2.S0ISF S years quoted ±7S% This property is new construction and currently in it's lease-up pbase. A $14.00ISF linisb-out aUowance is aUocated for new lease space, which would equate to ±2S% office linish-out. This is built as 100% NC space. Given the expenses, this equates to S7.00ISF triple-net rent. Thomas Pearson, leasing agent D4P [COMPARABLE MAP] 1 58,900 $7.00 -net 2 23,000 $8.00 -net -03 $7.00 -net 25% nla nla _h' .",.... . '-.: ..􀁾􀀠..lilt:?"'''' 􀀧􀀧􀀭􀁾􀀧􀀢􀀠,-􀀮􀁾􀀬􀀠Stabilized Rent ProIect!OD ....... '.. .􀀮􀀮􀀮􀀮􀀮􀀻􀀧􀁩􀀧􀀮􀀺􀀮􀀮􀁾� �􀀠."";,,";' There 􀁾􀀠a great deal of variaDilit;' 􀁾􀁊􀁢􀁥􀀠indutriaJ/Crigjneering 􀁳􀁰􀁡􀁾􀁊􀀡􀀱􀁡􀁲􀁢􀀻􀁴􀀠hi me market area of the subject property. Rents lire v.anoUsly 􀁱􀁾􀀢􀀧􀁾􀁮􀁥􀁴􀂷􀀬􀀠􀁾 􀁧􀁲􀁯􀁳􀁡􀁾􀀬􀁾􀁾􀁩􀁦􀁩􀁥􀁤gross". Location, age, size, building dl:$ign, and􀀮􀁾􀁮􀁾􀁾qf air.:conditic::iDed4pai:eiilrhllve a bearing on accepted rental rates. Several new developments have come on the market in the' previous two years and these developments tend to pull tenants from the older developments, requiring the older developments to have to compete on a price basis. It is not known ifthe subject property is 100% owner occupied or partially leased. No lease/expense data was available to the appraiser. It has previously been stated that the existing configuration of this space is most suited for either one or two tenant occupancy and that it is our opinion that it's size and dl:$ign is such that there exists for it a discemable market. Comparable #2 is more typical of the dl:$ign of the subject and is geared to attract a similar style tenant. Comparable # 1 is geographically similar to the subject, but exhibits both comer and retail influence, which should set the upper limit near the subject. Comparable #3 is a new facility and probably represents the upper end of the office/engineering type lease space in the Addison market. Comparable #2 is also marketed to smaller space users like the subject is most suitable for, while #1 and #3 would marketed toward larger scale users. Comparable #2 most nearly repfl:$ents tbe segment of the market which would be attracted to the subject, tempered by the Iocational influence in Comparable #1 and the age preference in Comparable #3. Based on these comparisons, an I:$timated rental rate of $7.50ISF, triple net (NNN). is made for the subject. Vacancy and ColleetloD AIIowaDql It is considered reasonable to deduct a vacancy and collection allowance deduction for gross potential income to indicate C)'I:Iical changes in commercial reall:$tate property over typical economic life. A 10% vacancy and c:oUection allowance is estimated for the subject property. It approximates actual submarket vacancy experienced. ofthe effective date of the appraisal found in the comparable rent survey and is lower than the general Dall. market area vacancy rate of ::1:12% cunently. Expenses • Gegm. In compiling proforma the operating statement for the subject property. primary reliance is based on actual expenses provided by brokers and project managers in the field, ad valorem tax analysis, and file data. It is accepted practice to calculate operating expenses on gross building area or as a percentage of revenues ( rents) collected. 29 Management Expense It is the property manager's function to oversee, contract for, and accomplish routine maintenance activities along with timely payment ofutility, taxes, insurance and other bills. There is an additional management responsibility of collecting any pro rata amounts from the tenants. In the Dallas area market, management fees for officelwarehouse properties range from 3% to 6% of gross collected rents, generally with a minimum base-rate fee. However, as the subject represents a small scale property (in number of probable tenants), a management fee below that typically found in the market is judged to be more realistic. A management expense of 1y.% is deemed more appropriate for the subject. Malntenanq/Repalrsiutllftles ' , :,,,tr.'; , , ;' Included under tllia 􀁨􀁥􀁾􀁤􀁩􀁮􀁧􀀠of 􀁾􀀧􀁡􀁾􀁾􀁮area 'Illaintenarure, landscaping expense, rooflstructural 􀁭􀁡􀁩􀁮􀁴􀁥􀁬􀀧􀁬􀁡􀁮􀁣􀁥􀀬􀀻􀀢􀁡􀁮􀁤􀁬􀀵􀁾􀀺􀀾􀁾􀀧􀀠utilitil7 As all of the reritslleases, 􀁨􀁾either been reported as, or reduCe4i to, 􀀺􀁴􀁲􀁩􀁰􀁊􀁥􀁩􀀮􀁮􀁥􀁦􀁊􀁾􀀠all maintenance; renairs, ana utility expenses are presumed to be the 􀁲􀁥􀁳􀁰􀁯􀁮􀁓􀁩􀀡􀁊􀁩􀁬� �􀁴􀁙􀀮􀀮􀁾􀀬􀁴􀁨􀁥􀀬􀁾􀁮􀁴􀀺􀀬􀀺􀁔􀁨􀁥􀁲􀁥􀁦􀁯􀁲􀁥􀀻􀀠these expenses will not be deducted from the operating income statement fOr the'suhjeet,pmperty. 􀁾􀀧􀀧􀀧􀀧􀀧􀀧􀀺􀀺􀀠􀀬􀁾􀀬􀀠,c,";." Janitorial 􀁅􀁸􀁰􀁥􀁮􀁳􀁥􀀻􀀮􀁣􀀻􀀻􀀻􀀻􀁾􀀻􀀠-,":; , : ,;_ " For purposes of the proromia state"ment, janitoria I expenses are considered to be a tenant expense. Lessinl Commission This relates to the expense of marketing the property. Typical leasing commission rates vary from 4.5% to 6.75% in the 􀁾􀁵􀁢􀁪􀁥􀁣􀁴􀀠area. Again, due to the relatively small scale (in number of tenants) of the subject property, a lower leasing commission of 3% is estimated for the subject property. 30 Property Insurance Under a triple-net 1eaSe structure, the tenant of the property is liable for property insurance. Therefore, no PfOPll,rty insurance expense deduction is estimated for the subject. Real EsfJIte Tam Under a triple-net lease structure, the tenant of the property is liable for the ad valorem taxes of the property. Therefore,no tax expenses are deducted.. There foUows a Pro Forma Operating Statement depicting the preceding discussions of income and expense for the subject property leading to an 􀁥􀁳􀁴􀁩􀁭􀁡􀁴􀁥􀁤􀁾􀁾􀁥􀁴􀀠operating income (NOI). .􀁾􀁬􀁕􀁬􀁑􀀮􀁅􀁏􀁾OPERATING stA:q:MENT '" Gross Annual 􀁉􀁮􀁣􀁏􀁭􀁩􀀺􀀨􀁇􀁾􀁾􀁬􀁾􀀻􀀺􀀧􀀨􀀸􀁢􀁬􀁥􀀮􀁾􀀺􀁾􀀠􀀤􀀷􀀮􀁾􀁩􀀺􀁾􀀠􀁾􀀱􀁜􀀦􀀧􀀢􀀠$121,073 Less: lK Vacancy &: Collection Loss: -12107 Eft'ectlve Gross Ii!!1.., (EGI)I;,:';. Expenses: Management @1\IZ% $ 1,634 Maintenance/RepairslUtilities nla Janitorial nla Lease Commissions @3.0% 3,269 Insurance nla Real Estate Taxes --1JiJ! Less Total Expenses • 4,903 INDICATED NET OPERATING INCOME (NOI): $184.063 CAPrrALIZATION Several capitalization techniques are available to process income into an indication of value. The proper capitalization technique is not determined by random selection. The appropriate technique is determined by the quality and quantity of aa:essible market data. A method of capitalization which is considered IDOIt appropriate and applicable to the subject property is presented below, OmIt! C!plta!lptlo! Mabod Rates Derlftd fro. Compenble Sales . Direct capitalization with an ovuaII rate is typically considered to be the most reliable capitalization method when the availability ofdata from comparable property: sales is sufficient. It is based on the idea that at any given point in time the current net operating income (NOI) produced by a property is related to ill current market value. This technique is simply a direct capitalization of the subject's net income by use of an overall market rate. This rate is taken directly from the market, based on the range of indicated overall rates from from :II $108,966 sales of similar properties. The overall rate represents a current return on tbe total investment. Therefore, by use of-a direct overall capitalization rate from tbe market, it can be illustrated tbat buyers are earnin& similar or competitive current returns. The sale this year of the property ± Y. mile to the east of tbe subject represented a capitalization rate of 10%. While tbe comer location of this sale has a retail orientation, it is none the less, representative of the upper end of the subject environment. An office/engineering building whicb is roughly ten times the 􀁳􀁩􀁾􀀠of tbe subject and is a new development (±2 years old) sold witbin tbe past 10 months witb a reported capitalization rate of 10% also. A Henry S. Miller Company survey reported in Real Estate Investment Trends reported tbat capitalization rates exhibited a range of 9% to 11.5% for industrial properties in 2001. Brokers surveyed during this study indicated that investors typically won't consider a rate below 10% wben purebasing this class of property. Generally, older properties (in excess of 10 years old) reflect capitalization rates bigher tban tbe average rate, due to the fact tbat a bigher rate is required to recover improvement value over a shorter remaining economic life. Based on the analysis of tbe data available, an R., of 10% is selected for the subject property. By applying this rate to the NOI estimated for the subject property, a generally reliable estimate of market value can he derived. This method is known as Direct Capitalization and, based on the availability of data, is deemed to be the most appropriate means of capitalization for many types of income properties. Even pnwbat appears to be a slightly weakening market for properties of the age and class of tbe subject property, a capitalization rate reflective of the rate derived directly from the market is judged to be appropriate for tbe subject. This lower than typical capitalization rate translates the net operating income into a bigher indicated market value for for a given property. The comparable data supports an R., for the subject property of 10.0%. Thus: Proforma NOI Jndkated Value $104,063 + 10.0% = $1,040,630 MARKET VALVE ESTIMATE BY THE INCOME APPROACH • R., CAPIIAUZAIION, CaJIecI , SALES COMPARISON APPROACH TO VALUE An indication of value can be obtained by comparing the subject property with other industrial/flex buildings which hIJve recently sold in the marketplace. The reliability of this value indication will depend upon the similarities/dissimilarities between the subject and the properties which have sold.. The basic units ofcomparison used by purchasers in the marketplace are the Gross Income Multiplier and Price per Square Foot of building area. The Gross Income Multiplier (GIM) is an application that is available when facilities sell with a known sale price and a determinable gross annual income figure. The multiplier is derived by dividing the sale price by gross potential income. It is an accurate gauge to weigh the investment opportunity of one operating property against a similar operating property as it automatically adjusts for any physical, functional, or economic deficiencies of a property as reflected by the action of the rental marketplace. The GIM is closely related to market action and it is fairly easy to explain. The principal advantage of the technique is that the reflection of rental income is direct. Therefore, differences between properties which could involve adjustments based upon subjective estimates by the appraiser have typically been resolved by the Cree action of the local rental markeL IT Property A has some advantage over Property B in age, condition, accessibility, location, or other physical characteristics, the difference in actual rental income presumably reflects the extent of this advantage as viewed in the marketplace. Because some adjustments for relative desirability are thus inherent in the factor, a GIM is not subject to adjustment after having been computed. The Price Per Square Foot method considers the amount of area contained within a facility. The unit for valuation is computed by taking the sale price of the property and dividing by the square footage. This methodology .directly compares the price for which a property actually sold to to other properties of a lIimilar nature, design, construction, quality, size, age, finish-out, and underlying land value, etc. The Price Per Square Foot methodology requires that adjustments be made by the appraiser to compensate for physical, functional andlor economic deficiencies of the properties used for comparison with the subject. The Price per Square Foot methodology can be subjective and requires the expertise of the appraiser for adjustments. The following pages detail recent sales of garden office properties in subject's general area. An .analysis with what are considered the appropriate units of comparison follows leading to an estimate of Market Value of the fee simple estate by the Sales Comparison Approacb. 33 Building Sale Comparable #1 Location: Grantor: Grantee: Date or Sale: Recorded: Consideration: Terms or Sale: Casb Equivalency: Impro¥ement Data: Construction: Year of Construction: Condition & Appeal: Gross Building Area: Land Area: Comments: Verified: Mapscol NW/c of Centurion & Midway, Addison, Texas 15101 Midway Road Pt. Ltd. Midway Centurion Ltd. February 28, 2002 2002041(l7'in $3,400,000 ($57.731SF) , \H cash to grantor $3,400,000 ($57.731SF) Brick Veneer, masonry ±1979 Good 58.900 SF (per buyer) ±150.935 SF ± v. east of the subject. Similar age, larger size, construction. Retail presentation. Yz owner occupancy. 'h leased @$7ISF· NNN Purchaser D14B 34 Building Sale Comparable #2 Loeation: Grantor: Grantee: Date of Sale: Recorded: Legal Desttiption: Consideration: Terms 01 Sale: Cal>b Equivalency: Improvement Data: Constructioo: Year of Construction: Conditioo & Appeal: Gross Building Area: Land Area: Commentll: Yenned: Mapsco: 4625 Kellway Circle, Addison, Texas Greenbriar Corporation Land Advisors, Inc. January 9, 2001 200100615597 Blk B, Lots 5 & 6, Beltwood North, Ph 2, Addison, Texas $1,500,000 (±$57.53/SF) $1,360,000 note to Regions Bank $1,500,000 (±S52.72/SF) Single story masonry and steel ±1984 Very Good 27,768 SF (per DCAD) ±63,037 SF Owner Occupancy; building is an interior location in a well landscaped "garden" setting. Limited CQvered parking on site; very similar to subject. Roddy Services D-4T Building Sale Comparable #3 Property/Locatlon: Grantor: GraDtee: Date or Sale: Recorded: Legal Description: Consideration: Terms or Sale: Cash Equivalency: Improvement Data: Construction: Year of Construction: Condition & Appeal: Gross Rentable Area: Land Area: Comments: Verified: Mapsco: 2560 Tarpley Road, Carrollton, Texas Tra Bee Properties, LP November 28, 2001 200123119604 Blk A, Lot 1.1, Trinity Mills Business Park $1,690,000 (±$69.04!SF) All cash to grantor $1,690,000 (±$36.72!SF) Concrete Panel 1997 Good 24,168 SF ±78,421 SF Purchased for owner occupancy. This property is ±v, block south of Trinity Mills; similar to the subject's location off of Midway Road. New construction noted in this area. Roddy Services D-4N [COMPARABLE MAP] ... . (ii.... ·'«'&'1;"';<_" .COMP'ARABLE BUILDING. SALES 􀁓􀁾􀂥􀀻􀀧􀁩􀀮􀀾􀀻􀁩􀀺􀀮􀀻􀀠'".. YearSale Building SaleSale Pro Forma Area (SF)No. BuUtDate PrIce ($/SF) OAR GIM 1 1979 58,90003102 $57.73 ::1:10% 8.2Sx 2 01/01 1984 25,768 $57.53 owner owner 3 11/01 1997 24,168 $69.04 ownerowner Subject NA 1983 16,143 NA NA NA Analysis and Conclusions Qr Market Data From the available comparable sales, only one unit ofcomparison is derived that is typically utilized in the Sales Comparison Approach to Value. This method is utilized by comparing the Sales Prices per Square Foot (SPISF), taking into consideration and adjusting for physical, locational and market condition factors affecting each sale as compared to the subject property. The Gross Income Multiplier (GIM) is not available from two of these sales as they were purchased for owner occupancy. When sufficient reliable data is available, the GIM is generally preferred in thill method of valuation of typical income producing properties. This factor is calculated by dividing the reported sales by the indicated gross annual income for the property. Sales PrIce per Square Foot Analysis General The reader is referred back: to the discussion of adjustment factors presented in the earlier Sales Comparison Approach utilized in estimating the current market value of the land tract. That discussion applies here with the exception of some changes in the physical comparisons. We continue to compare and adjust for Location and Size variations. The remaining two appropriate for improved properties are one for Construction and Design and one for building Age/Condition. The reader is reminded that within the Comments & Adjustments section of each of the improved sales presented, the reasoning, magnitude and direction of each adjustment was discussed. As aU of the sales were purchased for owner occupancy, aU sales are treated as "fee simple" transfers. No unusual financing or other motivating factors were discovered which would affect the "conditions ofsale" for any of the sales included herein. As aU of the sales have taken place within the previous ::I: 18 months, no adjustment for "time" is deemed necessary. Location The location of Sale #1 is judged to he superior to the subject, due to this sale's comer location on Centurion and Midway Road. The retail presentation of this sale is superior to that of the subject. 'Ibis sale will he adjusted downward to reflect this condition. Sale #2 is an interior location on a minor street. It is judged to he equal to that of the subject. The location of Sale #3 is considered comparable to that of tbe subject. This sale is located ::I:Y.! south of Trinity Mills on Tarpley. This is a very similar situation to the subject. No adjustment is made to this sale for location. Size The reported size or Sale #1 is substantially larger than that of tbe subject improvements. This would indicate a downward adjustment to the subject property. Botb Sales #2 and #3 are slightly larger than the subject, enough so to warrant an adjustment based solely on size. 37 Desi&WOlnstruction. Sale #2 is very similar to the subject in age, design. and construction detail. No adjustment is made to tbis sale for thae attnbutes. Sale #1 is of plainer construction detail and less wen landscaped, requiring an upward adjustment to tbe SUbjecL Sale #3 is considered to be superior to the subject in design, age. and construction. Given the relatively new development of tbis sale as compared to the subject WQuld warrant consideration for physical deterioration factors and functional factors in the markeL This sale is adjusted downward for tbese considerations. There follows an adjustment grid that sets Forth our opinion of the percentage adjustments applicable to the comparable sales as discussed in the sales analysis and in the Olmments and Adjustments paragraph of each of the sales previously presented . 􀁉􀀾􀀮􀂷􀁾./.,:::::􀀰􀁾􀀮􀁾􀀠.... 􀀧􀁉􀁾􀀠.. 􀀭􀁾􀀮':";'(:':,.:... "':'" = 􀁾􀁾􀀠;·r·h yF:··.···v,·i ;.:, •.., ..:.:.'. Sales Price/SF S57.73 S57.53 S69.04 1-'. . -(). .(). .().I" Adjusted Sales Price/SF S57.73 _. S57.53 S69.04 Terms' .. .(). .(). .(). Cash Equivalent Price/SF S57.73 SS7.53 $69.04 Olnditions of Sale .(). .(). .(). Price/SF SS7.73 S57.53 $69.04 TunelMarket Olnditions .(). .(). -0Adjusted Price/SF SS7.73 S57.53 $69.04 Location AdjllStment -20% .(). -0Olnstruction and +10% .(). included below . AdjllStmcnt .(). .(). -20% Size +20% +10% +10% Net Physical Adjustment Factor +10% + 1O'r.:o -10% . PricdSF 563.50 563.28 562.14 ! .... 38 After adjustments, comparable building sales indicate a value range of the subject from $62.14/sF to $63.50/SF.The average of the adjusted sale prices is ±$62.97. It is the appraiser's opinion that a value indication in the upper-range of the indicated values is appropriate for the subject. Obviously, the subject is mOlt comparable to Sale #2 It is the appraiser's opinion that $63.50/sF is most appropriate for the subject. Thus; Gross Rentable Area Value Estimate/SF 16,143 SF x $63.50 = $1,025,081 Value Indication by SP/SF Analysis, Say, $1,025,000 ( ::!:$63.50/SF) 39 RECONCILIATION AND FINAL "AS IS' MARKET VALUE ESTIMATES Reconciliation The three traditional approaches to value at stabilized rents and occupancy result in the following •As Is" estimates of value: COST APPROACH: $1,014,000 INCOME APPROACH: $1,041,000 SALES COMPARISON APPROACH: $1,025,000 This section of the report is dedicated to considering the strengths and weaknesses of the three traditional approaches and determining which approach has the most credibility for the subject property. In estimating a Market Value by the Cost Approach, the value of the subject site is estimated !irst by the Sales Comparison Methodology. In estimating current replacement cost for the subject, the primarily amounts for comparable buildings as reported in the Marshall and Swift cost reporting service were utilized. Ar. the building is :1:20 years old, various elements of depreciation were noted which were estimated by the Economic Age/Life method. The Cost Approach has inherent weaknesses in estimating replacement costs accurately and also in the measurement of depreciation when it is applicable. Construction bids are replete with variables including material and labor supplies at the time of the bids, weather conditions during the construction period and the cost of money. Variatiol1ll of 10% to 15% are not unusual among experienced contractors and the diversity can be greater than that. There was a lack of highly comparable land sales due to the built-up nature of the immediate neighborhood and the unique characteristics of the subject site. These factors lead to placing the least reliability on tbis method in reaching a final estimate of Market Value. In arriving at an estimate of Market Value by the Income Approach, your appraiser surveyed rents ofcomparable projects. Appropriate operating expenses as available from actual operating statements and file data were deducted to indicate a pro forma NOI for the subject at stabilized rents and occupancy. There was data available from the marketplace to establish an overall rate. Major weight is given to the Income Approach valuation in the reconciliation. In most cases, the Sales Comparison Approach is used primarily as an indicator of a range of values. In the case of the subject, a reasonable number of verified recent sales whose financial units of comparison provided a basis for estimating Market Value. The results of the Sales Comparison Approach arc supportive of the Inc:ome Approach. Primary reliance is also placed on the results of this methodology in the final estimate of value for the subject Whole Property. The subject property fits within the description of a typical of6celengineeriog space building real estate investment or owner occupied property. It is concluded that the most reasonable estimate of the current Market Value is indicated by the results of the Income Approach. 40 Thus, it is the appraiser's opinion that the current "As Is" Market Value Estimate of the Fee Simple Estate of the SUbjeet Property, improvements and land, subject to the Assumptions and Limiting Conditions contained herein, as of October 23, 2002, is: ONE MILLION FORTI ONE THOUSAND DOLLARS $1.041.000 Components of Whole Property Value Main Building $ 766,906 Paving/Drives 47,500 Landscape 20,000 Site Value 206.594 Total $1,041,000 The guard post/cable fencing in not included as it is situated within existing easement area and, like a portion of the concrete paving, is not of contributory value to the property as a whole; i.e., those improvements are there solely at the sufferance of the Town. 41 PART TAKEN· VALUATION This Taking is collSidered as a Partial Property acquisition. The Part Taken is considered as severed land with no self.sustaining economic value. It is estimated to have no self-sustaining economic value due to it's existing easement encumbrances. A plat of the subject showing the Part Taken is included in the Addendum of this report. Land The Part Taken consists of a strip of land ± 79' wide across the northern portion of the site, roughly parallel to Centurion; a length of roughly 202'. The land area within the proposed acquisition contains 15,960 SF of site area. This proposed acquisition area is current!,y encumbered with a 50' wide draina&e channel easement and a 30' wide water easement; i.e .. 100% of the acquisition area is currently encumbered with existing surface use easements. Improvements Within the acquisition area are items of grass ground cover, concrete paving, and guard post/cable fence. The ground cover wiD be replaced by the Town of Addison subsequent to the acquisition. No compensation is estimated for the paving or "fence" improvements in the Take area. As the Take area was previously 100% encumbered with water and drainage easements, all surface improvements within the proposed acquisition area are there at the sufferance of the Town of Addison and non· compensable. From !be Land Valuation section of this report, the estimated "fee simple" value of the subject site is $4.00 per square foot ofland area. However, the area within the proposed acquisition is presently encumbered with the aforementioned easements. The drainage/water easement area is estimated to represent 50% of !be fee simple interest in the Land Valuation section of tbis report; i.e., S2.00iSF. A roadway easement is being "taken" over the existing surface easements. No cqntnbutory value remains for the property owner because of the right-of-way area's lack of suitability to benefit the balance of the property. Considered as severed land with no contributory economic value, the land area in the Part Taken is properly valued as a pro-rata portion of the water/drainage area's value: S2.00iSF. Therefore, the estimated Market Value of the easement interest of the Part Taken is calculated as follows: Part Taken· Fee Simple Land Area: 15,960 SF @S2.00iSF S 31,920 Improvements: Total Not Applicable ..Q..S31,920 Temporary Ee......t A temporaxy easement approximately S' x 202' containing 1,011 SF lying adjacent to the south side of the propased acquisition area is required for a term of two years. The valuation components of a temporary eMement are 1) the rental value of the areas encumbered by the temporary easement for a term of two years, and 2) the value of the improvements within the temporary easement area. Typically, temporary easements are valued at a fair return rental rate for the term of the temporary easement. Generally, commercial land leases provide for a 10% per year return on the fair market value of the land leased. In the case of the subject property this would equate to SO.40/SF for the land area area of the subject wbich lies outside of the existing water/drainage easements. This figure will not be discounted back to present value (two years "rent' paid in advance) because tbe reduction in 42 rent is so minor. It is presumed that all of the temporary easement area is outside the existing easement areas. Concrete parking lot paving is situated within the temporary easement area, and will be compensated for on the basis of the depreciated value of the concrete via the Cost Approach estimate. Part Taken· Temporary Easement Land: 1,011 SF Lease· Year 1 1,011 SF x SO.40ISF $ 404 1,011 SF Lease· Year 2 1,011 SF x $O.40ISF $ 404 Improvements (Combined): Paving· 1,011 SF x $3.50ISF x 80% $ 2.831 Temporary Easement Value $·3,639 .. Add: Fee Simple Acquisition $31.920 Estimated Value -Part Taken (permanent & Temporary) $ 35,559 43 REMAINDER BEFORE THE TAKE • VALUATION The value of the Remainder Before the Take is valued on the same basis as the Whole Property valuation, reflecting the lOllS of the land area and improvements in the Part Taken. In circumstances of partial property acquisitions, wherein the Part Taken is considered as severed land with no independent economic utility apart from the Whole Property, the sum of the values of the Part Taken and the Remainder Before the Take should equal the value of the Whole Property. In the case of the subject property, this equates to the difference in the contributory value of the easement area with and without the additional right-of-way encumbrance. It is estimated that the additional right-of-way easement effectively results in a taking of the balance of the Fee Simple value in the acquisition area. The value of the Remainder Before the Take is valued as follows: Remainder Components Unit Value Component Land Area Fee Simple Remainder Non R.O.W. Easement Site Value Estimate 14.00JSF x 43,563 SF $2.00JSFx 211 SF $ 174,240 $ 422 $ 174,662 Improvements -Contnbutory Value Main Building Paving Landscaping $ 766,906 44,669 20,000 $ 831,575 Total 11,006,237 This figure represents the estimated value of the subject Remainders without the proposed improved right-of-way in place. It also treats the temporary easement at it's fee simple value, as the lease of the easement is of such a short duration as to have no affect on the underlying fee value. 44 .REMAINDER AFTER THE TAKE -VALUATION The Remainder Arter the Take is valued "as if" aU of the public improvements are completed and in place. The Remainder After the Take is valued under the same guide lines and definitions as the Whole Property. As there are improvements present on the Remainder After the Take, the Cost Approach to Value, the Sales Comparison Approach, and the Income Approach to Value utilized in estimating the Whole Property value are considered applicable to valuing the Remainder After the Take. The Sales Comparison Approach is considered to be the most reliable approach for valuing vacant land, and as such will be utilized to estimate the value of the site of the Remainder After the Take. The Remainder Arter the Take continues to represent an interior tract of land with single street frontage/access. Although Arapaho Road now traverses the north side of the subject site, Arapaho Road is elevated and provides no access to the remainder site. The Highest and Best Use of the property remains the same, both as currently improved and "as if" vacant and available for development. Improvements to the subject should still orient toward Centurion, as Centurion will provide the sole access to the subject and the principal expOsure of the subject. The size and shape of the Remainder is sufficient for independent economic development, if it were vacant and available for development. The elevated road behind the subject would neither enhance nor detract from the future use/development of the subject as an industrial use site. Remainder -Land Valuation The land sales utilized to estimate the value of the Whole Property are considered the most reliable comparables for valuing the Remainder After the Take. Given that the usable size and shape of the Remainder are unchanged from that of the Whole Property, and that the legal development criteria remain the same, the adjustments to the comparable sales are similar to those for the Whole Property. The reader is referred to the Land Valuation section for a discussion of the site value estimate. From a practical view, the difference between the Remainder site and the Whole Property site is the elevated roadway behind the rear parking area on the subject. This is similar to some situations in the 'West End" in downtown DaUas for properties adjacent to Woodall Rodgers freeway. The remainder site is at least as valuable as the whole property site. RemalJlder "As Improved" Vaiuatlo. Remainder -Cost Approach The Cost Approach for the Remainder After the Take is the same as for the Whole Property. The age, design, size, etc. of the improvements is basically the same as for the Whole Property. The primary affected area (drainagelwater easement area) was not utilized by the remainder before, and the remainder will not benefit by the easement areas being converted to right-of-way, as no access to the new right-of-way is available to the subject remainder. As the principal elements of depreciation remain the same for an office/engineering facility, the Cost Approach for the Remainder After the Take would indicate a value at least equal to that of the Whole Property value, less the value of the site taken. Remainder -Income Approach The Income Approach for the Remainder After the Take is the same as for the Whole Property. The Remainder's ability to attract and hold owners/tenants at prevailing market rates appears to 45 remain unchanged from that of competing office/engineering facilities. As the size of the leasable improvements is the1S3l1ie as for the Whole Property, the Income Approach for the Remainder After the Take would indicate the same value as that of the Whole Property. Remainder· Sales Comparison Approach The Sales Comparison Approach for the Remainder After the Take is the same as for the Whole Property. As improved commercial properties tend to sell on a "per square foot" of improvement basis, the Remainder After value would be reflective of the Whole Property value. Condusion • Remainder After the Take Valuation The estimated market value of the Remainder After the Take is $1,041,000. The :!:16,143 SF office/engineering facility is competitive with comparable age/design facilities in it's marketing area. It is estimated that it would lease andlor sale competitively with similar age/design office/engineering facilities. Therefore, as with the Whole Property, the value of the Remainder After the Take is estimated at $1,041,000 based on an indication of value derived through the Income Approach to value. Estimate or Just Compensation The Value of the Remainder After the Take ($1,041,000) is greater than the estimate of value for the Remainder Before the Take ($1,006,237). Typically, when the Remainder After value exceeds the Remainder Before value, it is an indication that enhancement to the Remainder has occurred. It the case of the subject Remainder this difference is viewed as a ·paper" enhancement. The value of the acquisition and it's affect on the Remainder is so smail, relative to the probable market value of the subject, that the market is generally not sensitive enough to detect a :!:3% value difference. The previously 􀁤􀁾􀁲􀁩􀁶􀁥􀁤􀀠estimate of value for the Part Taken also expresses the Estimate of Just Compensation. Therefore: ESTIMATE OF JUST COMPENSATION $35,559 CERTIF1CATE The undersigned do hereby certify that, except as otherwise noted in the appraisal report: -the statements of fact contained in this report are true and correct. the reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are my personal, impartial, unbiased professional analyses, opinions, and conclusions. « I have no present or prospective interest in the property tbat is the subject of tbis report, and no personal interest or bias with respect to the parties involved. -I have no bias witb respect to the property that is the subject of this report or to the parties involved in this assignment. « My engagement in tbis assignment was not contingent upon developing or reporting predetermined results. • My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent COlent directly related to the intended use of tbis appraisal. -My analyses, opinions, and conclusions were developed, and tbis report bas been prepared, in conformity witb tbe Uniform Standards of Professional Appraisal Practice. -I bave made a personal inspection of the property that is the subject of this report. • no one other than the signer(s) provided significant professional assistance in the preparation of this report. \ ),. ,\:, '88'& 􀁾􀁙􀀧􀀠 Jairk Hipes Texas State Certificate General Real &tate Appraiser #TX·1321416-G· 47 ADDENDUM-Assumptions '" Limiting Conditions Photographs of the Subject Plats Exhibits Legal Descriptions Qualifications 48 2 ASSUMPTIONS AND LlMmNG CONDmONS (Read Carerully) The following assumptions and limiting conditions are attached to and are made a part of this Appraisal (the "Appraisal") of the subject property (the "Property") described in this Appraisal ("Appraisal") made by Hipes and Associates (the "Appraiser") at the request of the person or entity (the "Beneficiary") to whom and for whose exclusive use this Appraisal was prepared and delivered; and, this Appraisal is made by the Appraiser and accepted by the Beneficiary subject and strictly according to the within assumptions and limiting conditions: 1. That legal and equitable title to the Property is good and merchantable and that title is held by the owner ("Owner") of the Property in fee simple absolute forever, unless otherwise agreed by the Appraiser in writing. (No responsibility is assumed for matters legal or chance. nor is any opinion rendered as to the title to the Property. The possible existence of any disputes. suits, assessments, claims, liens or encumbrances has been disregarded, and the Property is appraised as though free and clear.) That no survey of the Property has been made by the Appraiser and no responsibility is assumed in connection with any matters that may be disclosed by a current perfect survey of the Property. (Dimensions and areas of the Property and comparables were obtained by various means including estimate and are not represented or guaranteed to be exact.) 3. That allocations of value between land and improvements are applied only under the current program of occupancy and utilization, and are not made or intended to be used in conjunction with any other appraisal and, if so used, are invalid 4. That aU information contained in this Appraisal is private and confidential and is submitted strictly for the sole use of the Beneficiary; and, no other person or entity is entitled to read, use or rely upon the contents thereof. (Possession of this Appraisal or any copy thereof, does not carry with it the right of publication or use. The Appraiser will not be required to give any testimony or appear in any court or other proceeding by reason of making or delivering this Appraisal without the prior written approval of the Appraiser.) 5,-That aU information and comments pertaining to the Property and other properties is the personal opinion of tbe Appraiser formed after examination and study of the Property and its surroundings; and, although it is believed that the information, estimates and analyses contained herein are correct, the Appraiser does not warrant or guarantee them. and assumes no liability for errors in fact, analysis or judgement. (Any misinformation about the Property furnished to the Appraiser by the Beneficiary, at the option of tbe Appraiser, may release the Appraiser from any liability and invalidate the Appraisal.) 6. That aU opinions ofvalue containtid in the Appraisal are merely estimates. (There is no [warranty or guarantee, written or implied, made by the Appraiser that the Property is !worth or will seC for the appraised value now or ever.) 1. That disclosure of the contents of this Appraisal and all nor any part of the contents of this Appraisal shall be disseminated to the public through reports, proposals., brochures or any other means of communication without the prior written consent and approval of the Appraiser. BENEFICIARY WILL NOT CAUSE, SUFFER OR PERMIT ANY PUBLIC DISSEMINATION OF nIlS APPRAISAL TO OCCUR AND, BY ACCEmNG THIS APPRAISAL, BENEFICIARY INDEMNIFIES APPRAISER AGAINST ANY. LOSS, COST, LIABILITY, DAMAGE OR CLAIM INCURRED WITIlOUT REGARD TO FAULT BY APPRAISER ARISING IN CONNECI10N wrrH ANY SUCH UNAUTHORIZED DISCLOSURE BY BENEFICIARY. 8. That there are no latent defects or any hidden or any unapparent conditions of the Property, subsoil, or structures which would render the Property more or less valuable. (No responsibility is accepted or assumed by Appraiser for any such conditions or for analyses or engineering which may be required to discover them.) 9. That no environmental impact or environmental condition studies were either requested or made in conjunction with this Appraisal unless otherwise agreed by Appraiser in writing and shown in the Appraisal and the Appraiser hereby reserves the right to alter, amend, revise or rescind any of the value opinions included in this Appraisal based upon any subsequent environmental impact or environmental condition studies, research, revelation or investigation. (In particular, unless otherwise agreed by Appraiser in writing, and shown in this Appraisal, this Appraisal/Appraiser assumes that no violations of any environmental, or other, laws affecting the Property are pending or threatened against the Property and that no toxic waste, hazardous materials or dangerous substances have ever been stored, used, produced, maintained, dumped or located on or about the Property.) 10. That the value of the Property is estimated on the basis that there will be no international or domestic political, economic, or other adverse conditions or any military or other conflicts including strikes and civil disorders that will seriously affect overall real estate values. 11. That Benefil:iary understands that the real estate values are influenced by a large number of extemai factors, that the data contained in the Appraisal is all of the data that Appraiser considered necessary to support the value estimate and that the Appraiser has not knowingly withheld any pertinent facts; and, Beneficiary has been advised and agrees that the Appraisal does does not warrant, represent or guarantee that Appraiser has knowledge or appreciation of all factors which might influence the value of the Property. 12. That due to the rapid changes in external factors affecting the value of the Property. Appraiser's value conclusions are considered reliable only as of the date of the Appraisal. 13. That on all appraisals made subject to satisfactory construction, repairs, or alterations of improvements, the Appraisal and value conclusions are contingent upon completion of such workoD the improvements in a good and workmanlike manner, without dispute, per plans, in code, u agreed and within a reasonable period of time. 14. That the value estimate of the Property assumes financially and otherwise responsible ownership and competeDt management of the Property. IS. That the Appraisal consists of trade secrets and commercial or financial information which is privileged and confidential and 􀁾􀁭􀁰􀁴􀁥􀁤􀀠from disclosure under 5 U.S.C. 522 (b) (4). (Please notify Hipes and Associates of any request for any reproductions of this Appraisal.) 16. That accurate estimates of costs to cure deferred maintenance are difficult to make or assess and that many different approaches or arrangements can be attempted or applied in various ways. (Any estimates provided within this Appraisal represent reasonably probably costs given current market conditions, available information and the Appraiser's expertise. Fl1rther deferred maintenance affecting the Property is considered to be limited to only those items, if any specified in detail, in the Property section of this Appraisal. 17. That the existence of potentially hazardous materials used in the construction or maintenance of the Property such as urea·formaldehyde foam insulation, asbestos in any form, and/or other dangerous substances or materials on the Property, has not been considered, unless otherwise shown in the Appraisal. (The Appraiser is not qualified to detect such material or substances and it is the responsibility of the Beneficiary to retain an expert in this field, if desired.) 18. That the liability of the Appraiser and its officer, directors and employees, agents, attorneys and shareholders is limited to the fee collected for preparation of the Appraisal. (Appraiser has no accountability or liabiUty to any third party, except as otherwise agreed in writing by Appraiser and such other party.) 19. That any projected potential gross income of the Prnperty referred to in the Appraisal may be based on lease summaries provided by the Beneficiary, Owner or third parties and Appraiser has not reviewed lease documents and assumes no responsibility for the authenticity, accuracy or completeness of lease information provided by others. (Appraiser suggests that legal advice be obtained regarding tbe interpretation of the lease provisions and contractual rigbts of parties under Leases.) 20. That Beneficiary and any party entitled to read this report will consider the Appraisal as only one factor together with many others including its own independent investment considerations: and underwriting criteria or other observations, concerns or parameters in formulating its overall investment or operating decision. In particular, Appraiser assumes that the Beneficiary has made/obtained, relied upon and approved the following, none of which was furnished by Appraiser unless otherwise agreed by Appraiser in writing, to wit: a. current survey of the Property showing boundary, roads, flood plains, utilities, encroachments, easements, etc.; b. current title report of the Property with legible copies of all exceptions to title; c. any needed soil tests, engineer's reports and legal and other expert opinions; d. abstract or other report of environmental conditions or haurds affecting the Property; e. current visual inspection of the Property and adequate study of its use, occupancy, history. condition and fitness for the purpose underlying Beneficiary's request for this Appraisal; f. copia of current insurance policy, tax statements, contracts, leases and notices affecting the Property; g. any needed c=;toppel certificate=; of tenants, mortgagee's or others claiming any interc=;t in the Property; h. reports/opinions of Beneficiary's staff, contacts, agents and associates; and i. Owner's experience with the Property. 21. That Appraiser's projections of income and expenses are not predictions of the future; rather, they are the Appraiser's best estimates of current market thinking about future income and expenses. (The Appraiser makes no warranty or guaranty that Appraiser's projections will succeed or materialize. The real estate market is constantly fluctuating and changing. It is not the Appraiser's task to predict or in any way forecast the conditions of a-futilre real estate market; the Appraiser can only reflect, without warranty what the investment community, as of the date of the Appraisal, envisions for a particular time without assurance:s in terms of rental rates, expenses, capital, labor, supply, demand, ecology, etc.) 22. The Americans with Disabilities Act rADA") became effective January 26, 1992. We have not made a specific compliance survey and analysis of this property to determine whether or not it is in confonnity with the various detailed requirements of the ADA It is possible that a compliance survey of the property, together with a detailed analysis of the requirements of the ADA, could reveal that the property is not in compliance with one or more of the requirements of the Act. Ifso, this fact could have a negative effect upon the value of the property. Since we have no direct evidence relating to this issue, we did not consider possible non-compliance with the requirements of ADA in estimating the value of the property. SUBJECf PHOTOGRAPHS Front view of the subject looking from the ±southwest to ±northeast. View of the front of the subject looking ±southeast to northwest. •• .. 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 described by metes and bounds as follows; BEGINNING at an "X" in concrete set in the proposed North right of way line of Arapaho Road and the South right of way line of a 100 foot wide railroad right of way as conveyed to Dallas Area Rapid Transit Property Acquisition Corporation-(herein referred ·to as DART) on December 27, 1990 and recorded in Volume 91008, Page 1390 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 Addison, as evidenced by the plat dated October 29, 1982 and recorded in Volume 83017, Page 2268 of said Deed Records; THENCE, SOUTH 00'08'05" WEST, departing said lines and along the common East line of said called 1.3713 acre tract and West line 􀁯􀁦􀀬􀁳􀁾􀁩􀁤􀀠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 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 23 FARCEL 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, s,aid 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 (called 202.11 feet) to the PO:IlR 01' 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. 􀁾􀁤􀀬􀁴􀁻􀀮􀀠3i.,..,a, //-4-'"AYb R. 'Sandhu, 􀁒􀀮􀁐􀁾􀁌􀀮􀁓􀀮􀀠Texas Registration No. 2910 Paqe 2 of 2 24 EXHIBll·"B" DAVID HYERS SURVEY. 􀁾􀁬􀁯􀁉􀀡􀁩􀀮􀁁􀀱􀁗􀁉􀁬􀁌􀁬􀀡􀀡􀁭􀁜􀁩􀁉􀁌􀁟􀀧􀀭􀀱􀂷________._.,__ .,_......,.__.__ -,. ---. . 1IR0000RW-ACQUISInCH.·CCIII'aIAllON·-_.,_. -.----••••-_ • .. ,.. .. ......---.-£123 􀁾􀀠1100' 1t0.1.) DEallolllER 27. \890 \IOL 1\001. PO. \3110 OAO.C.T. *1o\':5,d {CAULO lAST) _II:' ..-...: S 6"58'.'-£ -2D2.14-_ P.O.B. 4 ... " 􀁾􀀠'" _e__ 1 ., ...--T 􀁾􀁾􀀮􀁾􀀠r ...._. .I ..... $4(':'01,,·[ -0.34' ., • SET 'X" IN CONe. --.􀁾􀀧􀁉... • 􀁾􀁾􀀠.,-_....--._--I 8· 􀁬􀀧􀁾􀀠_____/-i!o.......􀀢􀀭􀁾.--.-----.. '''-----'1-'''.-----.-I ........ It-. en • 􀀼􀁾􀁉􀀢􀀢􀂷􀂷􀀠It q..,... til L.__•__--. 􀁾􀀧􀀬􀁉􀁾__ ;, 􀁾􀀠...􀁾􀀺􀂷􀁾􀁉􀀠... 􀁾􀁏􀁐􀁾􀁅􀀺􀀧􀀺􀀺􀁴􀀮􀀰􀀠ROAD I "--,:•􀀮􀀬􀀻􀁾􀀠...􀁾􀀭􀀭􀀭􀀮􀀭􀀭􀀧􀁾􀀠􀁴􀁧􀁾􀁾􀀠•• I(N 􀀱􀀡􀁉􀀧􀁓􀀸􀀧􀀴􀁉􀁩􀁉􀀧􀁾􀁾􀁪􀀬202.14' j...-I" .c. ..... _.r r"' -'l-CALU:rl": dj'AI!. CALU:D .3713 ACo 4125 CENtu lAY, ll'. BlIU.OUGHlI.'II 7-:16-6/Ay b R. 􀁳􀁡􀁮􀁾􀀬􀀠R.P.L.S. Texas Registration No. 2910 Page 2 of 2 27 I .__.; 11.. EXHIBIT "B" '. DAVD H'IIiIfiS 8ll1!l1....v Pltolle"'ili -I . -􀁾􀀠.. ------..-.-. -w""'--'--. .....23-·"· " I11ON----::l'=---=--=:::=:-.=:: .. :::====::.:_ . 􀀧􀀧􀀧􀁩􀁾􀀧􀀠_ ..·Z• ..._ .. ..•.• 1.._ _ .•.•••••.•.••".-___...... , "1_'_'" • 􀁟􀀢􀁟􀁉􀀻􀀧􀀽􀀽􀀧􀀢􀀢􀀧􀀺􀀽􀀽􀀽􀀽􀁩􀁐􀀬􀀻􀀻􀀬􀁏􀀺􀀻􀀮􀁾􀁃􀀮􀀽􀀽􀀽􀀽􀀽􀀽􀀽􀀽􀀽􀀽􀁾􀁾􀁾􀀽􀁯􀂱􀀺􀀽􀀬􀀮􀀮􀀮􀀬􀀮􀀮􀀬􀀭􀁣I" --.• -"... -,,, .. , 􀁾􀀠.f='...• -.1-··---..􀁾􀀻􀀢􀀠+ ....... , ., PRITS] STATE OF TEXAS § §. COUNTY OF DALLAS § TIllS instmment was acknowledged before me on this day of . 200 by Michael W. Crepeau, President ofMBKA. L.L.c., a Texas limited liability company. the sole general partner of Midwav Cenmrion. Ltd" a Texas limited partnership, on behalf of the said limited partnership. [Seal] By: Notarv Public, State of Texas My Commission Expires: STATE OF TEXAS § §. COUNTY OF DALLAS § This instrument was acknowledged before me on this day of . 200 by Ron Whitehead, City Manager of the Tovm of Addison. Texas. a Texas municipal corporation, on behalf ofthe said municipal corporation. Notary Public. State ofTexas My Commission Expires: ("•.... Midway Centurion, Ltd. Easement Agreement Page·5 DRAFT -12/2/02 EXHIBIT A [Description ofthe Easement Property] Exhibit A to Midway Centurion, Ltd. Easement Agreement DRAFT -12/2/02 EXHIBITB [Description of the Remainder Tract (Entire Property save and except the Easement Property)] Exhibit B to Midway Centurion, Ltd. Easement Agreement DRAFT -12/2/02 EXHIBITC IMaplDiagram showing location ofParking Spaces on the Easement Property, and showing the At-Grade Landscaping to be located on the Easement Property] Exhibit C to Midway Centurion, Ltd. Easement Agreement DRAFT -1212/02 EXHIBITD [Description ofArea ofRemainder to be Used by the Town for Ingress/Easement to the Easement Property] ExbibitDto Midway Centurion, Ltd. Easement Agreement AFTER RECORDING MAIL TO: ! Republic Title of Texas, Inc. 2626 Howell Street, 10th Flor Dallas, Texas 75204-4064 02RI4040 ISJ6 2084316AFFIDAVIT OF IDENTITY 11/21102 3574440 $l3.00 need STATE OF TEXAS § COUNTY OF DALLAS § BEFORE ME, the undersigned Notary Public, on this daypersonal\y appeared MICHAEL B. SCHIFF, to me well known, who, after being by me duly sworn, deposes and says: ( I. That I am, in the capacity as Trustee, the owner ofthe following real property located in Dallas County, Texas (the "Property"): Being a 1.776 acre tract ofland in the David Myers Survey, Abstract No. 923, Dallas County, Texas, more particularly described on Exhibit A attached hereto and made a part hereof for all purposes; 2. That I have resided at 6024 Twin Coves, Dallas, Dallas County, Texas 75248, since 1983. 3. That I have never resided at 16060 Dallas Parkway, Dallas, Texas 75248-3312; 4. That I am not the same Michael B. Schiff named in that certain Abstract ofJudgment filed by Sears, Roebuck & Co. in the amount of$6,113 plus interest and expenses, recorded in Volume 2001205, page 08459 ofthe Abstract ofJudgment Records of Dallas County, Texas This Affidavit is given to induce all parties dealing with the Property to act in reliance upon the matters herein contained. EXECUTED this ;It, r day ofN • F;\JANINE'I2002 Filts'02RI4040 Affidavi, Qf Identity.doc 􀁾􀀰􀀰􀀲􀀠2 2 8 0 4 7 8 7 STATE OF TEXAS § COUNTY OF DALLAS § 'iff SUBSCRIBED, SWORN TO AND ACKNOWLEDGED before me this ;,,"'./1;......, My Commission Expires: 1-.2 -e.;-d tf HfANINE\2002 Files\D2Rl4040 Affidavit ofldentity.doc zuoz 2 2 8 0 4 7 B B Exhibit "Al> BEING a tract ofland situated in the David Myers Survey, Abstract Number 923, Town of Addison, Dallas County. Texas, and being a portion ofa called 1.776 acre tract of land conveyed to Michael B. Schiffon August 31, 1982 and recorded in volume 82172, Page 2888 ofthe Deed ofRecords ofDallas County, Texas, said called 1.776 acre tract ofland being all ofIntervest 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 ofsaid Deed ofRecords, said 1.776 acre tract ofIand being more particularly described by metes and bounds as fullows: BEGINNING at a point for corner on the north line ofCenturion Drive (a 60 foot rightof-way) said point being N. 89° 51 '55" W., 858.00 feet from the intersection ofthe said North line ofCenturion Drive with the West line of Midway Road (a 100 foot right-ofway); THENCE North 89° 51 '55" W., 261.25 feet continuing along the said North line of Centurion Drive to a point for corner; THENCE North 0° 08' 05" E., 295.78 feet to a point for comer; THENCE El)St, 261.25 feet to a point for corner; THENCE South 0° 08' OS" W., 296.39 feet to the Point of Beginning and containing 77,353 square feet or 1.776 acres ofland. (U02 2 2 8 a4 7 8 9 . , : .; ,. NOV 21 2002 􀁚􀀺􀁡􀀮􀁴􀁦􀁦􀁩􀁾􀀠. (lQUIfIY CI.f.RI!. Dallas County. T_ ,', Special Warranty Deed 2084317 11/21/02 3574441 $17.00 DeedDate: Effective as of November 21,2002 Grantor: MICHAEL B. SCHIFF, TRUSTEE Grantor's Mailing Address: 4131 Centurion Way, Addison, Dallas County, Texas 75001 Grantee: THE TOWN OF ADDISON Grantee's Mailing Address: P.O. Box 9010, 5300 Beltline Road, Addison, Dallas County, Texas 75001 Consideration: Ten and No/I 00 ($10.00) Dollars and other good and valuable consideration, the sufficiency ofwhich is hereby acknowledged Property (including any improvements): Being a 0.4737 acre tract of land in the David Myers Survey, Abstract No. 923, Town ofAddison, as more fully described on Exhibit A attached hereto and made a part hereof for all purposes Reservations from Conveyance: None Exceptions to Conveyance and Warranty: This conveyance is made subject only to ad valorem taxes for the year 2003 and subsequent years, the obligation for which is assumed by Grantee, and those matters set forth on Exhibit B attached hereto and made a part hereof for all purposes. IT IS UNDERSTOOD AND AGREED THAT GRANTOR IS NOT MAKING ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND OF CHARACTER, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROPERTY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OR REPRESENTATIONS AS TO MATTERS OF TITLE, ZONING, TAX CONSEQUENCES, PHYSICAL OR ENVIRONMENTAL CONDITION, OPERATING HISTORY OR PROJECTIONS V ALUA TION GOVERNMENTAL APPROVALS 􀁇􀁏􀁖􀁅􀁾􀁁􀁌REGULATIONS OR ANY OTHER MATTER OR THING RELATING TO OR AFFECTING THE PROPERTY. GRANTEE AGREES THAT WITH RESPECT TO THE PROPERTY, GRANTEE HAS NOT RELIED UPON AND WILL NOT REPLAY UPON, EITHER DIRECTLY OR INDIRECTLY, AND REPRESENTATION OR WARRANTY OF GRANTOR EXCEPT FOR GRANTOR'S EXPRESS WARRANTIES. GRANTEE HAS CONDUCTED SUCH INSPECTIONS AND INVESTIGATIONS OF THE PROPERTY, INCLUDING BUT NOT LIMITED TO, THE PHYSICAL AND ENVIRONMENTAL CONDITIONS THEREOF, AND [S RELYING UPON SAME, AND, ASSUMES THE RISK THAT ADVERSE MATTERS, INCLUDING, BUT NOT LIMITED TO, ADVERSE' ?oaz 2 2 8 0 4 7 9 I PHYSICAL AND ENVlRONMENT AL CONDITIONS, MAY NOT HAVE BEEN REVEALED BY GRANTEE'S INSPECTIONS AND INVESTIGATIONS, GRANTEE, HEREBY ACKNOWLEDGES AND AGREES TO WAIVE, RELINQUISH AND RELEASE GRANTOR FROM AND AGAINST ANY AND ALL CLAIMS, DEMAND, CAUSES OF ACTION, LOSS, DAMAGE, LIABILITIES, COSTS AND EXPENSES (INCLUDING ATTORNEYS' FEES AND COURT COSTS) OF ANY AND EVERY KIND OR CHARACTER, KNOWN OR UNKNOWN, FIXED OR CONTINENT, WHICH GRANTEE MIGHT HAVE ASSERTED OR ALLEGED AGAINST GRANTOR AT ANY TIME AND FROM TIME TO TIME BY REASONS OR ARISING OUT OF THE VIOLATION OF ANY APPLICABLE LAWS (INCLUDING ANY APPLICABLE ENVlRONMENT AL LAWS HEREINAFTER DEFINED) AND ANY AND ALL MATTERS ARISING OUT OF ANY ACT, OMISSION, EVENT OR ClRCUMSTANCE, REGARDLESS OR WHETHER THE ACT, OMISSION, EVENT OR ClRCUMSTANCE CONSTITUTED A VIOLATION OF ANY SUCH APPLICABLE LAWS AT THE TIME OF ITS EXISTENCE OR OCCURRENCE. GRANTEE HAS TAKEN WHATEVER ACTION AND PERFORMED WHATEVER INVESTIGATIONS AND STUDIES GRANTEE DEEMED NECESSARY TO SATISFY ITSELF AS TO THE CONDITION OF THE PROPERTY AND THE EXISTENCE OR NONEXISTENCE OF, OR CURATIVE ACTION TO BE TAKEN WITH RESPECT TO, ANY HAZARDOUS AND/OR TOXIC SUBSTANCES ON OR DISCHARGED FROM THE PROPERTY, SHOULD ANY CLEAN UP OF THE PROPERTY BE REQUIRED AFTER THE DATED STATED ABOVE, IT IS HEREBY UNDERSTOOD AND AGREED THAT SUCH CLEAN UP SHALL BE THE RESPONSffiILITY OF, AND SHALL BE PERFORMED AT THE SOLE COST AND EXPENSE OF GRANTEE. GRANTEE ACKNOWLEDGES AND AGREES THAT UPON CLOSING, FUNDING AND DELIVERY OF THIS DEED GRANTOR SHALL SELL AND CONVEY TO GRANTEE AND GRANTEE SHALL ACCEPT THE PROPERTY "AS IS, WHERE IS", WITH ALL FAULTS AND THERE ARE NO ORAL AGREEMENTS WARRANTIES OR REPRESENTATIONS, COLLATERAL TO OR AFFECTING THE PROPERTY BY GRANTOR OR ANY THIRD PARTY. Grantor, for the Consideration and subject to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty, grants, selis, and conveys to Grantee the Property, fogether with all and singular the rights and appurtenances thereto in any way belonging, to have and to hold it to Grantee and Grantee's heirs, successors, and assigns forever. Grantor binds Grantor and Grantor's heirs and successors to warrant and forever defend all and singular the Property to Grantee and Grantee's heirs, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof when the claim is by, through, or under Grantor ut not otherwise, except as to the Reservations from Conveyance and the Exceptions.to Conve When the context requires, 􀀢􀀧􀁾􀁾􀀠and Warranty. ?fG2 2 2 8 a4 7 9 2 STATE OF TEXAS COUNTY OF DALLAS SWORN TO AND SUBSCRIBED BEFORE ME, on 􀁾􀀮􀁌' 2./,2002, by Michael B. Schiff, Trustee. [SEAL] Notary Public, State of Texas S. Notary's Printed Name:""'2)1 910 ZOU2 HOV 2 I PH 2: 51 An'f pn::Mslon herein whkh restrict, the salll, n!ntal. O'r 1J!lI!! of tbl destribeil real property because of color or 􀁲􀁡􀁾􀀠is Invalid. aad unento!(:ellble under federallavr. STATE OF TEXAS COUNTY OF DAUAS I heftby certify Uti:s Instrumtttt was filed on tM date and timo ,tamped hereon by me and was duty 􀁲􀀮􀁥􀁾􀁯􀁴􀁤􀁥􀁤􀀠tl'l tile lIOjuma and II age of the named l$COfG$ of Dallas Colmer. TelU U stampe4 hereon by tnt. NOV 21 2002