COWLES & THOMPSON 114 E. lOUISIANA ST., SUITE 200 A PROFESSIONAL CORPORATION McKINNeY, TeXAS 75069·4463 TELEf'HONE {9n! 542·5000 ATTORNEYS AT LAW 100 W. ADAMS AYE.. SUITE 321 901 MAIN STREET, SUITE 4000 P.O. BOX 785 DALlAS, TEXAS 75202·3'193 TEMP!.!,;, TEXAS 76503-0785 TELEPHONE 1:214) 612-2000 TELEPHONE (2541 771-2000 KENNETH C. DIPPEL (214.) 􀀶􀀱􀀲􀁾􀀲􀀱􀀵􀀸􀀠 METRO 197212&3-0005 FAx 12t4' 672-2;020 ONE AMERICAN CENTER. SUITE 771 909 E.S.E. lOOf> 323 TYLER, TEXAS 15701·9684 CHARLES SORRELLS TELEPHONE {9031 581·$566 H925.1982) October 13, 1997 City Mana r Town of ddison P. O. ox 144 Add' on, TX 75001 Re: ABP Investments HIlI Ltd., et al. v. Dallas Area Rapid Transit and Town of Addison Dear Ron: I enclose a notice from the 193rd District Court of Judge Michael O'Neill setting the Ben Pinnell inverse condemnation case for trial March 13, 1998. Addison will be ready for trial on that date. I would hope the case is dismissed before that date since the Plaintiff recovered substantial damages in the underlying eminent domain case. Sincer Jy, 􀁾􀀬􀀴􀀮􀀳􀀱􀁾􀁾􀁶􀁌 enneth C. Dippel U' KCD/gk Enclosure j cc: John Baumgartner DOC I: S3%(ll 193RD DISTRICT COURT GEORGE L. ALLEN, SR. COURTS BUILDING 600 COMMERCE STREET DALLAS, TEXAS 75202-4606 Chambers of JUDGE MICHAEL J. O'NEILL SIM ISRAELOFF 901 MAIN STREET SUITE 4000 DALLAS TX 75202 SEPTEMBER 29, 1997 RE: Case No. 9706265-L ABP INVESTMENTS 1111 LTD VS. DALLAS AREA RAPID TRANSIT All Counsel of Record: Please take note of the following settings: Pre-Trial: Jury Trial: 04/13/98 Non Jury Trial: Trial announcements must be made in accordance with rules 1.17 and 1.28, Dallas Civil Court rules. When no announcement is made for plaintiff, the case will be dismissed for want of prosecution. Completion of discovery, presentation of pretrial motions and other matters relating to preparation for trial are governed by the Dallas Civil Court rules, printed at the back of the Texas Rules of Court published by West Publishing Company. Sincerely, MICHAEL J. O'NEILL DISTRICT JUDGE 193RD DISTRICT COURT Dallas County, Texas December3, 1997 Not copied, but open for review at the Service Center: Appraisal dated October 25, 1997 by L.R. Denton & Co. Plan -Proposed Right-of-Way MCM Property Arapaho Road Alignment Appraisal Consultation Group -Summary & Conclusions Appraisal -Moses & Cline tract Plan -Proposed Right-of-Way Pinnell Property Arapaho Road Alignment "VOID" Appraisal Consultation Group -Summary & Conclusions Title Survey Quorum West -Addison Addition Final Plat Addison Car Care Addition Land Title Survey (updated) Signed & Sealed Exhibits oftracts A, B, C Exhibits of Right-of-Way Parcels 3-1, 3-2 (Southwestern Bell Tract) Exhibit H -Interlocal Agreement -Toll Tunnel Addison Airport Toll Tunnel Geotechnical Design Summary Report Addison Airport Tunnel Environmental Assessment Addison Airport Tunnel Initial Engineering Assessment Addison Airport Tunnel Initial Feasibility Assessment Addison Airport Toll Tunnel Traffic and Revenues Addison Airport Keller Springs Underpass Study Various Aerials Phase IIA (Subsurface) & Phase IIC (Miscellaneous) Investigation Report for the Former Logic Design Metals Facility Letter Report Former Logic Design Metals Facility Phase I Environmental Site Assessment Phase I Environmental Site Ai;sessment Update Phase III Cost Analysis Forn:{er Logic Design Metals Facility Letter From Terra-Mar Re: Proposal for Subchapter S Risk Assessment Letter From Ecology and Environment, Inc. Re: Letter Summarizing One Alternative for Closure Activities for the Property at Arapaho Road and Quorum Drive known as the Proposed Addison Transit Center Letter From Applied Earth Sciences, Inc. Re: Activities and cost pertaining to the two proposals for the former Logic Design Metals Facility 2 sets ofplans for "Old Town 7-II/Strip Center 1 set ofplans for 4801 Arapaho Road and 15350 Addison Road December 3,1997 Copied from John R. Baumgartner's Files: Toll Tunnel Agreement Keller Springs Toll Tunnel Keller Springs Toll Tunnel '94 Keller Springs Toll Tunnel '93 Transportation Plan Arapaho Road Phases I, II, III Arapaho Road Extension Ben Pinnell Moses & Cline Addison Transit Center Copied from James Pierce's Files: Arapaho Right-of-Way Arapaho Maps & Descriptions Arapaho ABP Investments MEPC Properties MCM Co. Properties Appraisals -Moses & Cline Appraisals -Addison Colonnade Arapaho Road 1997 DART Transit Center/Arapaho Road Right-of-way '94,'95 Arapaho Road & DART Correspondence '96, '97 Arapaho Phase I Engineering contract Arapaho Road Realignment Right·of-way SW Bell & JB Cline Arapaho -Request -Statements of Qualifications Arapaho Road Improvements SWBell Land Acquisition DARTILAP/CMS Program' DARTILAP/CMS 10/97 ApprovedlPayment Arapaho Road Realignment Design Tollway to Addison Road Arapaho Road Extension '93, '94 Arapaho Streetscape Keller Springs Toll Tunnel Clyde Johnson's Files: Announcement Bid Doc. Check List Legal Affidavit Legal Advertising Purchase Order Carmen Moran's Files: Addison Airport Toll Tunnel Cooperation Agree. Resolution R95·lll Ordinance 094-038 Resolution R94·027 City Council Agenda's Pat Haggerty's File. Arapaho RdiAddison Rd Easement Quorum Center Ltd. Partnership Arapaho TU Electric Arapaho DesignlEnvironmental Addison DART Transit Center Building Inspection: Files for: 15350 Addison Road, 4801, 4803, and 4805 Arapaho Road Applications for Certificates of Occupancy December3, 1997 Not copied, but open for review at the Service Center: Appraisal dated October 25, 1997 by L.R. Denton & Co. Plan -Proposed Right-of-Way MCM Property Arapaho Road Alignment Appraisal Consultation Group -Summary & Conclusions Appraisal -Moses & Cline tract Plan -Proposed Right-of-Way Pinnell Property Arapaho Road Alignment "VOID" Appraisal Consultation Group -Sunmlary & Conclusions Title Survey Quorum West -Addison Addition Final Plat Addison Car Care Addition Land Title Survey (updated) Signed & Sealed Exhibits oftracts A, B, C Exhibits of Right-of-Way Parcels 3-1, 3-2 (Southwestern Bell Tract) Exhibit H -Interlocal Agreement -Toll Tunnel Addison Airport Toll Tunnel Geotechnical Design Summary Report Addison Airport Tunnel Environmental Assessment Addison Airport Tunnel Initial Engineering Assessment Addison Airport Tunnel Initial Feasibility Assessment Addison Airport Toll Tunnel Traffic and Revenues Addison Airport Keller Springs Underpass Study Various Aerials Phase IIA (Subsurface) & Phase IIC (Miscellaneous) Investigation Report for the Former Logic Design Metals Facility Letter Report Former Logic Design Metals Facility Phase I Environmental Site Assessment Phase I Environmental Site Assessment Update Phase III Cost Analysis Former Logic Design Metals Facility Letter From Terra-Mar Re: Proposal for Subchapter S Risk Assessment Letter From Ecology and Environment, Inc. Re: Letter Smnmarizing One Alternative for Closure Activities for the Property at Arapaho Road and Quorum Drive known as the Proposed Addison Transit Center Letter From Applied Earth Sciences, Inc. Re: Activities and cost pertaining to the two proposals for the former Logic Design Metals Facility 2 sets of plans for "Old Town 7-ll/Strip Center 1 set of plans for 4801 Arapaho Road and 15350 Addison Road December 3,1997 Copied from John R. Baumgartner's Files: Toll Tunnel Agreement Keller Springs Toll Tunnel Keller Springs Toll Tunnel '94 Keller Springs Toll Tunnel '93 Transportation Plan Arapaho Road Phases I, II, III Arapaho Road Extension Ben Pinnell Moses & Cline Addison Transit Center Copied from James Pierce's Files: Arapaho Right-of-Way Arapaho Maps & Descriptions Arapaho ABP Investments MEPC Properties MCM Co. Properties Appraisals -Moses & Cline Appraisals -Addison Colonnade Arapaho Road 1997 DART Transit Center/Arapaho Road Right-of-way '94,'95 Arapaho Road & DART Correspondence '96, '97 Arapaho Phase I Engineering contract Arapaho Road Realignment Right-of-way SW Bell & JB Cline Arapaho -Request -Statements of Qualifications Arapaho Road Improvements SW Bell Land Acquisition DARTILAP/CMS Program DARTILAP/CMS 10/97 ApprovedlPayment Arapaho Road Realignment Design Tollway to Addison Road Arapaho Road Extension '93, '94 Arapaho Streetscape Keller Springs Toll Tunnel Clyde Johnson's Files: Announcement Bid Doc. Check List Legal Affidavit Legal Advertising Purchase Order Carmen Moran'S Files: Addison Airport Toll Tunnel Cooperation Agree. Resolution R95-111 Ordinance 094-038 Resolution R94-027 City Council Agenda's Pat Haggerty's File. Arapaho RdJ Addison Rd Easement Quorum Center Ltd. Partnership Arapaho TU Electric Arapaho DesigniEnvironmental Addison DART Transit Center Building Inspection: Files for: 15350 Addison Road, 4801, 4803, and 4805 Arapaho Road Applications for Certificates ofOccupancy 􀀭􀀽􀀺􀁲􀁯􀁬􀁌􀁉􀁵􀀱􀁵􀀱􀁥􀀱􀁾􀁾􀀱􀀠 . ····1 . . -.' . i . ".. J -----I, "' .. I . , , · _'. I . 1 : .: -. i < '.; 􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀁃􀁾􀂷􀁾􀀧􀁩􀁏􀁒􀁉􀁔􀁙􀀠 . THE "---------------::-:.. J " .;e1) · , · j Town of Addison KELLER SPRINGS TOLL TUNNEL POSITION PAPER The Town of Addison feels strongly that both the proposed Keller Springs Toll Tunnel project and the extension of Arapaho Road within the Town limits are needed to help meet transportation needs of the region and the Town. The Town has long recognized the importance of an effective transportation system to its success and continued growth. The Town has worked with neighboring (01+:' ___ Dallas County, the Texas Department of Transportation (TxDOT), the 􀁎􀁏􀀧􀀫􀁾􀀠-. 􀁾􀀭 'Council of Governments (NCTCOG), and the Texas Turnpike Authr>':> \;Je,;?_d assist in the planning and implementation 􀁏􀁦􀁾􀀢􀀧􀀢􀀠. 􀁾􀀰􀀮􀁄􀂣􀁴􀀵􀁾􀁥􀀠􀁥􀁤􀁳􀀠of the Town and region. _____ \ Vl'lJ.-UJ.J:;;' \,,( Lnrle.-f-. I a􀁪􀁜􀁾􀀠'as a logical transportation link that would 􀀭􀀭􀀾􀁾􀀭􀀭􀁾􀀭􀀬􀀠. ).:J!" -􀁊􀀮􀀮􀀮􀀮􀀭􀀭􀁬􀁾􀀺􀀺􀁲􀀭􀀭 the highly congested North Dallas County 􀀮􀀠n 􀁾􀀮􀀭􀀼􀀮􀀧􀀺􀀠f \ 􀁾􀁕􀁘􀀩􀀡􀁬􀀠 . 10'1, nents of Keller Springs Road creating a 􀁾􀁴􀁜􀁾-. 􀁓􀁾􀁾􀀧I 􀁨􀀺􀀨􀁬􀁊􀁾􀀺􀁬􀁩􀁴􀁹 to the Dallas North Tollway (DNT). . \ 1}'J: ;..r: .\.)-.1-<' ' project by the TTA. The Keller Springs .. \l (\ \j.eX-􀁾/<;.0;/'\ 􀁉􀀧􀁜􀁌􀀶􀀭􀁾􀀠 ___________,g regional mobility in the area but will 􀁾􀁾􀀧􀁲􀁙􀀧􀂻􀀢􀀾􀁊􀀠 'ng experienced within the Town of \ equally high priority for the Town. IS at Addison Road, to Marsh Lane e Road and provide increased local 'itizens of the Town. The Town n in 1987 and more recently has dway is included in the Town of e Town Council is unanimously 1Oning, and implementation of nducted by Wilbur Smith and 11at the two facilities do not and congestion on Belt Line 'ings Tunnel. Although the s with the Arapaho Road 􀁾􀁴􀁩􀁯􀁮􀀠of the Arapaho Road . Tunnel volumes for the . vvG, as part of the Town of Addison .. ' ,,,nt Study, projected no decrease in traffic volume .... i Dear Mr Rodr I 97 regard'ing the i 􀁾􀁒􀁔􀀠Transit Center I wanted to fol------: IN n for planting 25 -4" landscape i55,,'-_______ I -..Quorum Drive. Construction ( 􀀬􀁾􀀻􀁾􀀧􀀻􀀱 trees in Ihe Tc,________ . pe requirements .-.' ·Ire quiremenlls 96 trees, ..􀀧􀀭􀁾􀀭􀀮􀀠 Dart will be CI ................ 􀀭􀁾 .-_. -.. . 􀁾􀀠 􀁾􀀭􀀭 described in rl----,---"_M) .. 􀀬􀁾􀀮􀀠 while only 75 .. 􀁾􀀭􀀮􀀧􀀠􀀧􀀧􀀧􀀧􀀮􀀺􀀺􀁣􀀺􀁾􀀮􀀭􀁾.... .= .l 1 I 􀁌􀀮􀀭􀀭􀀮􀁾..􀀭􀀮􀀬􀁾􀀮􀀭 . . ·l attached planting plan 10 "-':,;...􀀬􀀬􀀽􀀽􀀭􀁾􀁾􀀠 .----. is will be planted 10 create Addison ISpI-will fund Ihe remaining Vn bring the sille€---------Town as specified in the 􀁾􀀠 a second ro, 17 sidewalk.--------Inlerlocal A, ! STREETSC'------i e Town's streetscape th , gr een slrip behind the The Inlerlo(:-------apaho Road and IArplan. The, ystem and grass 10 the sidewalK ..•.--------􀁾􀁲􀀠s ler systems and the ;rink Quorum Dt laintenance contractors. back of Ihe;--------confusion I ,we d and approved by the )[letheless, based on our The landsi ified within the interior Town. ThE estimate,' . I planlltig slnp south 01 me ,"'IlIO"a,,' Please call me at (972)-450.2851 t let me know Dart's deCts·lon. Sincerely, 1 .//J 􀀣􀁾􀁾􀁾􀀢􀀧􀁶􀁊􀀼 􀀮􀀮􀀠 Slade Strickland cc Jim pierce, Town of Addi, 1 Carmen Moran, Town of I ,dison Attachment REQUEST F< ARAPAHO QUALIFICATIONS 􀁾, 􀁏􀁁􀁄􀁅􀁘􀁔􀁅􀁎􀁓􀁉􀁏􀁎 I TOW:r ',o F ADDISON The Town of 􀁁􀁤􀁤􀁩􀁓􀁾􀀺􀀭􀀭􀀭􀀭􀀧􀀠-1 TI:' 􀁾􀀭􀀮􀀠 -I ngineering firms for the design of 􀁴􀁨􀁥􀁾􀀭􀁾􀁾 ' CcS l e../extend Arapaho Road from its existir 􀁃􀁩􀁜􀀮􀁮􀁾􀀠 I; -rIA. fJ 11' ched map). The initial phase of the 􀁦􀁊􀀻􀀭􀁾􀀭􀁲􀀧􀀠 -:=:i." 􀁾􀁨􀁥􀀠􀁳􀁥􀁣􀁯􀁮􀁾􀀠phase" I signals, rallroad cr< _ Addison will accepl through April 30, 19a maximum number firm should provide The SOQ shall deE charge, Project Ma "imilar oroiects in sc_II navho H' . -.T ,T1􀁾􀀠l _ 􀁾􀁬􀁬􀁊􀀧􀁊􀀭􀀭􀀭 􀀭􀀭􀀱􀀮􀀮􀁊􀁊􀁪􀀠 tne laSl ave VI 􀁝􀁾􀀬􀁵􀁟􀀮􀁟􀀭_--;.:;-::.:--;.:;-􀁟􀀻􀀮􀀺􀀻􀁟􀀽􀀽􀀢􀀭􀀽􀀽􀁾􀀭􀀮􀀡􀀠 􀀭􀀭􀀭􀁾􀀠 ----. 􀀻􀁾􀁯􀁾􀁾􀁾􀁴􀁾􀁉􀁾􀀺􀁾􀁴􀁾􀁾􀁾􀀡􀁴􀁾􀁾􀀱􀀠􀁾􀀭􀀭􀀭􀀭􀁾􀀭􀀭funded with the To\' -1 business 􀁥􀁮􀁴􀁥􀁲􀁰􀁲􀁩􀁳􀁾􀀭􀀭􀀭 --􀁟􀁾􀁥􀀮􀀮􀁌􀁔􀁉􀀧􀀱􀀠Gt-of-way needs. -􀁾􀁅􀁮􀁖 (raOmurtJn_ ,,:ill be traffic It-...:-r.: _L!l .1-Midway Road. 􀁾􀁲􀁡􀁮􀁳 II ,--en! tY :ring consultants r-----------'-Q should contain ' The engineering I--------------i:sign the project. __ . ______________􀁾􀁣􀁴􀀠 (Principal-inriduaL A list of _______...;l1as completed in -lvided along with 􀀭􀀭􀀭􀀭􀁾􀀭􀁾􀀻􀁾􀁡􀀭􀁾􀁤􀁾􀁾􀁬􀁳􀁲􀁾􀁡􀁥􀁤􀁩􀁐􀁶􀀻􀁡􀁮􀀺􀀻􀁴􀀭􀁡􀁛􀁡􀁧􀀻􀂷􀁥􀀧􀁹􀁤􀀢􀀭􀀭􀀭􀁾􀀭 􀁾􀀠 :s are utilized. All written Stateme I-------------_:ction Committee, which will be made ____ ------1 1--_ .vid Nighswonger, Public Works Engir criteria shown on the attached pages----------l :---_____.________,valuation. If it is deemed necessary " I the Town and make oral presentat-·----------I f-------------)sal to perform the work and a fee wil Interested consulta Mailing: Phone: John Baumgartner Director of Public Works P.O. Box 144 Addison, Texas 75001 (214)450-2871 '. mcil for approvaL .cations to: ltree!: 16801 Westgrove Addison, Texas 75248 lax: (214)931-6643 ---------􀁾 . 􀁾􀁾􀁾􀁯􀁾 ,Application foffl'l mU$t b6 aTlSW0rad c:omplqla1y. flam-d. and &1"n6;1 10.( 􀁰􀁻􀂢􀁃􀀺􀀮􀁾􀁪􀁮􀁧􀀠to 􀁬􀀻􀁬􀁾􀁾.• TOWN OF 􀁁􀁄􀁄􀁉􀁓􀁤􀁾􀀠 APPLICATION FOR CERTIFICATE OF OCCUPANCY Address of Business 􀁾􀀸􀁣􀀾􀁓􀀺􀀠£2..,nP/1Jb 11-,"/1'0,0. -rX 7"'::::J-4¥ ISuite Mailing Address L900 ..:;V 'f!.. tl..!. 1./0£ (i9c..tl/l 􀁃􀁉􀀺􀁬􀀺􀀻􀁴􀀡􀁤􀀧􀁾􀁬􀁌7lJN -rx 75"oOG> Number Street r City 1 State Zip Total Square Footage of Space 13Q)O IW14r::. !=! ..... ""-"....... __---: -_.. _-----I2IYes o No Name of Business Type of Business 􀁾􀁾􀁾􀀠 :8.Je_5 _55 Phon; 􀁾 J,;)<.{ I "" -4(){3 􀀶􀁜􀀢􀁾􀀭 -\n_5p-e.dlDJl t Above Address ,..:,);-:,-£...--'-No. of Employees at Abc -----􀁾, 􀁳􀀯􀁾I 􀀮􀀢􀁩􀀬%􀀠􀁃􀁥􀀮-􀁾􀀺􀁾􀁡􀀻􀀻􀀺􀀮'.􀀬.N -o.;.;•... -Former !BUSiness Add -"-ID47X 7')000 (!. 'Slate Zip 􀁏􀀢􀀧􀀱􀁬􀀭􀀭􀁩􀀧􀁌􀁦􀁾􀀠 I iUst other Locations ;n Aa-_ ! Owner(s) of Business I --! If Cor oration, rin! name 􀁾􀀽􀀽􀀽􀀽􀀽___􀀭􀀭􀀭� �􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀁾􀀽􀁾􀀻􀀺􀀽􀀽􀀽􀁾􀀻􀁾 IOwner's Address State Zip Owner's Driver's License N lowner of Building A-:is: _---􀀭􀀭􀀭􀀭􀁾􀀭􀀭􀀭􀀭􀁟􀀭􀀭􀀭􀀭􀀮􀁾􀀷􀀮􀀭􀀺􀀺􀀮􀀮􀀡􀀮􀁉􀀺􀀺􀀺􀀭􀀽􀁆􀁓􀁊􀀮􀀳􀁾� �􀁾􀁟􀀺􀀺􀀻􀀻􀀺􀀺􀀻􀁟􀀺􀀻􀀺􀁟􀀻􀀺􀀺􀀺􀀺􀁬􀀱􀀠 ,Building Owner's 'Addrss; _------------)L.-_'LIc:.}S,>.-·􀁾􀀮__7<..L@.QC;-__----. State Zip ISignature of Applicant 4-----􀀭􀀭􀀭􀀭􀀭􀀭􀁟􀀭􀀺􀀺􀀺􀀺􀀭􀀭􀀭 􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀻􀀭􀀽􀀻􀁡􀀽􀁬􀁩􀁯􀀽􀁮􀀽􀀶􀀽􀀻􀀺􀀻􀁴􀀽􀀹􀀽􀀷􀀺􀀺􀀻􀀺􀀹􀀽􀁾􀀽􀀽􀁾􀀠 􀁾􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀁾􀁄􀁾􀁾􀀭􀁾􀀭􀁟􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀱􀀱􀀺􀀺􀁾􀀭􀁐􀁾􀁾􀁳􀀭􀁬 􀁦􀀭􀀧􀁚􀀭􀀽􀁾􀀬􀀭􀀢􀀬􀀬􀀽􀀭􀀭􀁣􀀭􀀭􀀭􀀭􀀭􀀬􀀮􀀺􀀻􀀮􀀮􀀭􀀬􀀠-Zoning . V Qeoar!ment Fire Landscape PlanningiZoning .UtililiaslStre sts Health Tax Inspeclor's A roval IPermanent Certificate Issued ! (Building OffiCial) Cash Check No, .0.0 'l CERTIFICATE NO. 95'0(,,:>,. 03 0 4i 􀁾􀁜􀀠 \.\'\DDISO BUSINESS I\SSOGLI\TION , Gregory C. Roach 􀁰􀁴􀁥􀀵􀁩􀁤􀀮􀁃􀁉􀁬􀁾􀀠 Cr.>iS 'BeVil Vtc.e P1:':,$id.(l',\ --N p.O. 'Bo< 6S] Addison, 'fe"(" 0""-N'. 􀁾.....􀀢􀁾􀀬􀀬􀀬􀀮􀁾􀀮􀁾• ,'W"""""."..􀁾􀀧􀀢􀀢􀀬􀀬􀀭􀁾􀀬••􀀮􀀬􀀮􀀮􀀬􀀧􀀮􀀬􀁾􀀠􀀬􀀢􀀧􀁾􀀠 ...., ...." 􀀮􀀬􀁾.., ••",,,,"," <," " .....􀁾􀀢􀀠.. "",,."" ""...... 0",,·0''', .. •'.".''"'''''M•• ,. ,. 􀁏􀀬􀁾􀀬""." , ....."".., 􀀮􀁾."'.,.... 0.""-N'._"......, "',..􀁾􀀧􀀬".o'"","",,.,...􀁾,.􀀬" ," •"•". "'""om,........, .• ...•,,·,.·.",'" . "....-,o"m"""'. ..,.0.".""...,.,.'"·' ..,,,., ....." '''' • _,, ••, .." '" • "'"....., W • ,,,..," " .. ,om'"" • , ••,."" s0ub."je.c.t. t.o. n,o .c o􀁾nd.i.ti"o n s_ wa"s "ap,pr .o.v.e.d... .", 􀀬􀁾.... ""........,,,,,,,,,,,,.......".,. .. W •,••, ....... , .. " ..􀁾􀀢,..,." " ... '" .'"...􀁾..,.,. _"W ......􀀬􀁾.... '"••• •􀁾􀀮"..."""".,," ...... , ..,m' ,,0"" " .. , ......... , ,,"',,,...,'" -.".".' MEMORANDUM TO: John B11lImgartner J FROM: 8im Isrneloff, Cowles & Thompson .A RE: ABP v. DART and Addison -Discovery Requests DATE: November 11, 1997 I am assisting Ken Dippel in the ABP v. DART and Addison lawsuit. We have been served with the attached written discovery requests from the plaintiffs. The requests include interrogatories, a request for admissions and a request for production of documents. We must serve our response to these requests no later than December 10, 1997. I would appreciate it if you would prepare draft answers and send them to me as soon as possible, preferably no later than December 2. I will put the answers in proper form, add any necessary objections and responses to purely legal questions, and finalize the answers before the due date. H you have any questions I can be reached at (214) 762-2131. Many thanks. I, CAUSE NO. 97·06265 ABP INVESTMENTS #Ill, LTD., A § IN THE DISTRICT COURT OF TEXAS LIMITED PARTNERSHIP, § JOSEPH H. JONES, BETH § 􀁂􀁒􀁁􀁎􀁄􀁅􀁂􀁅􀁒􀁒􀁙􀀬􀁃􀁁􀁒􀁏􀁌􀁙􀁎􀁐􀁾􀁓􀀠 § SHIMER MERRITT, AND SAMUEL § THOMAS 􀁐􀁾􀁓􀀬 CO·TRUSTEES OF § THE MARY COFFIELD TRUST, THE § ANNETTE COFFIELD TRUST, § THE EVELYN C. JONES TRUST, § THE BETH BRANDEBERRY TRUST, § THE CORINNE SHIMER TRUST AND § DALLASCOUNTY,TEXAS A. BEN PINNELL, JR., § § PLAINTIFFS § § VS. § § DALLAS AREA RAPID TRANSIT AND § THE TOWN OF ADDISON, § § DEFENDANTS. § 193RD JUDICIAL DISTRICT PLAINTIFFS' FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT TOWN OF ADDISON TO: Defendant, Town of Addison, by and through its attorney of record, Sim Israeloff, Cowles & Thompson, P.C., 901 Main Street, Suite 4000, Dallas, Texas 75202. ABP Investments #Ill, Ltd., A. Ben Pinnell, Jr., Joseph H. Jones, Beth Brandeberry, Carolyn Perkins Shimer Merritt, Samuel Thomas Perkins, Co-Trustees of the Mary Coffield Trust, the Annette Coffield Trust, the Evelyn C. Jones Jones Trust, the Beth Brandeberry Trust, and the Corinne Shimer Trust, property owners or Plaintiffs (hereinafter referred to as "Plaintiffs") in the above-entitled and numbered cause, by and through its undersigned counsel, hereby PLAINTIFFS' FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT TOWN OF ADDISON -Page 1 3Ot42 00001 LIT 234735.1 requests, pursuant to Texas Rules of Civil Procedure 167, that the Defendant produce the documents and things listed below for inspection and copying on or before the expiration of thirty-one (31) days from the date of service hereof, at the offices of the Plaintiffs' counsel. As used in this Request, "document" shall mean every writing or record of any type and description and every tangible thing that is or has been in the possession, control or custody of the Defendant, or any of its agents or employees, to which the Defendant has access, or of which the Defendant has knowledge, including without limitation, correspondence, memoranda, stenographic or handwritten notes, studies, publications, books, pamphlets, pictures, films, tapes, voice recordings, maps, reports, surveys, minutes or statistical compilations, every copy of such writing or record where the original is not in the possession, custody or control of the Defendant or its agents or employees; and every copy of every such writing or record where such copy contains any commentary or notation whatsoever that does not appear on the original. A written response to this request is required pursuant to Texas Rules of Civil Procedure 167. If you maintain that any document or record requested herein has been lost, misplaced or destroyed, set forth with respect to each document: (a) The contents of the document; (b) A description of the document, including its nature, date, by whom prepared or sent, and identify the recipient or person to whom the document was directed; (c) The location of any copies of the document; PLAINTIFFS' FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT TOWN OF ADDISON -Page 2 30142 OOJOI UT 234TJ5.1 (d) The date of and circumstances surrounding such loss or destruction; and (e) If the document was destroyed, the name of the person who ordered, or authorized that destruction and the reason for the destruction. If you maintain that any of the documents requested herein cannot be produced by virtue of any claims, privilege or inununity, state with respect to each such document: (a) The date of the document; (b) The author or authors of the document; (c) The identity of the attorney and the client involved; (d) The identity of each person receiving copies of the document; (e) The nature of the document involved (Le., memorandum, letter, contract, etc.); (1) The general content of the document; and (g) The ground upon which each such document is considered to be privileged. This Request for Documents is deemed to be continuing in nature pursuant to Texas Rules of Civil Procedure 166b(5). If you receive documents supplementing the documents requested herein, you are directed to immediately forward those documents to the counsel for the Plaintiff. Failure to supplement could invoke the sanctions of Texas Rules of Civil Procedure 215(5). PLAINTIFFS' FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT TOWN OF ADDISON -Page 3 30142 Oi'XXlt UT 23413', 1 DEFINITIONS & INSTRUCTIONS 1. "You" and "your," as used herein, means the party, Whether a corporation, partnership or some other entity, or persons to whom these Interrogatories are addressed, its, his, her, or their employees, agents, attorneys, and all other person acting or purporting to act for or on behalf of such party or persons, whether authorized to do so or not. 2. "Person," as used herein, means natural persons, corporations, firms associations, partnerships, joint ventures, or any other form of legal business entity; and governmental agencies, departments, units, or any subdivisions thereof. 3. "Expert," as used herein, means any person who is particularly skilled, learned, or experienced in a particular art, science, trade, business, profession, or vocation, and whose knowledge of the subject of such art, science, etc. is not possessed by persons generally. 4. "Testifying expert," as used herein, means an expert who IlIlU!: be called as a witness to testify at the trial of this cause. 5. "Consulting expert," as used herein, means an expert who is IlQ1 expected to be called as a witness at trial, but whose mental impressions or opinions have been reviewed by a testifying expert. 6. "Document," as used herein, means writings of every kind, source, and authorship, both originals and all non-identical copies thereof, in your possession, custody or control, or known by you to exist, irrespective of whether the writing is one intended for or transmitted internally by you, or intended for or transmitted to any other person or entity, including, without PLAINTIFFS' FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT TOWN OF ADDISON -Page 4 3014200001 LIT 234735.1 limitation, any government agency, department, administrative entity, or personnel. The tenn includes handwritten, typewritten, printed, photocopied, photographic, and recorded matter. It 􀁩􀁮􀁣􀁬􀁵􀁾􀀠communications in words, symbols, pictures, sound recordings, films, tapes, and information stored in, or accessible through, computer or other information storage or retrieval systems, together with the codes and/or programming instructions and other materials necessary to understand and use such systems. For purposes of illustration and not limitation, the term includes: correspondence, transcripts of testimony, letters, notes, reports, papers, files, books, records, contracts, agreements, telegrams, teletypes and other communications sent or received, diaries, calendars, logs, notes or memoranda of telephonic or face-to-face conversations, drafts, work papers, agendas, bulletins, notices, circulars, announcements, instructions, schedules, minutes, summaries, notes, and other records and recordings ofany conferences, meetings, visits, statements, interviews, or telephone conversations, bills, statements, and other records of obligations, canceled checks, vouchers, receipts and other records of payments; ledgers, journals, balance sheets, profit and loss statements, and other sources of fmancial data, analyses, statements, interviews, affidavits, printed matter (including published books, articles, speeches, and newspaper clippings), press releases, cbarts, drawings, specifications, manuals, brochures, parts lists, memoranda of all kinds to and from any persons, agencies, or entities, technical and engineering reports, evaluations, advice, recommendations, commentaries, conclusions, studies, test plans, manuals, procedure, data, reports, results and conclusions, records of administrative, technical, and financial actions taken or recommended; and all other writings the contents of PLAINTIFFS' FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT TOWN OF ADDISON -Page 5 30142 t'XXX)1 UT 234T.J5.1 which relate to, discuss, consider or otherwise refer to the subject matter of the particular discovery requested. 7. To "identify" a person, as used herein, means to state the following: (a) The full name of the person; (b) The person's present employer and job title, ifknown; ifnot known, the answer shall so state; (c) The person's present business and residence addresses and telephone numbers, if known; if not known, then the person's last known business and residence addresses and telephone numbers; and (d) The person's affIliation at any time with you by employment or otherwise, including the nature and dates of such affIliation. 8. To "identify" a document, as used herein, means to state the following: (a) The title, heading, or caption, if any, of such document; (b) The identifying number(s), letter(s), or combination thereof, on the document, if any; and the significance of meaning of such number(s), letter(s), or combination thereof, if necessary to understand the document or to evaluate any claim that the document is protected from discovery; (c) The date appearing on the document, if no date appears thereon, the answer shall so state and shall give the date or approximate date on which the document was prepared; PLAINTIFFS' FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT TOWN OF ADDISON -Page 6 301-420000) LIT 1347JS.l (d) The number of pages and the general nature or description of the document (e.g., a letter, memorandum, minutes of a meeting, etc.); (e) The identify of the person who signed the document or over whose name the document was issued; if the document was not signed, the answer shall so state, and shall identify the person(s) who prepared it; (t) The identity of each person to whom the document was addressed, sent, distributed, or directed; (g) The physical location of the document and the name of its custodian(s); and (h) Whether the document will be voluntari1y made available to Defendant for inspection and copying; if not, the reasons why not. 9. To "identify" an oral communication, as used herein, means to state: (a) The time, date, and place at which the oral communication was made; (b) The identity of each person who participated in the oral communication who was present during the oral communication; (c) The identity ofthe person(s) who employed, or who was represented by, each person making the oral communication; (d) The substance of the communication; and (e) The identity of each document pertaining to the oral communication. 10. To "identify" a sale of real property, as used herein, means to state: PLAINTIFFS' FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT TOWN OF ADDISON· Page 7 3014200001 LIT 2341J.S.l (a) The identity of each Grantor and each Grantee in the sale; (b) The total area of the real property sold; (c) The consideration paid by the Grantee in the sale, including the terms of payment; (d) The closing date of the sale; (e) The legal description and the local address of the real property sold; (f) The volume and page number of the official real property records of every county in which the conveying document was recorded; (g) A description of every flxnrre and improvement located on the real property sold, including the age, condition, use, size (in square feet), and construction material of the future or improvement; and (h) The identity of each person who was contacted to verify and data concerning the sale. 11. A request for the "identity" of a thing, as used herein, constitutes a request for the same information by which you are to "identify" the thing. 12. 􀁾􀁐􀁲􀁯􀁰􀁥􀁲􀁴􀁹􀀢􀀠as used herein, means the entire parcel of real estate described in Defendants' Statement in Condemnation in the condemnation proceeding Cause No. 97-OO352-D. 13. If you claim that any document(s) requested in these Requests for Production of Documents is privileged, state the precise nature and basis of the privilege claimed, including a reference by number and subdivision to any applicable provisions of the Texas Rules of Evidence under which such privilege is claimed. PLAINTIFFS' FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT TOWN OF ADDISON -Page 8 301(2 00101 UT 23473S.1 Respectfully submitted, THOMPSON & KNIGHT A Professional Corporation Michael E. Schonberg State Bar No. 00784927 3300 First City Center 1700 Pacific Avenue Dallas, Texas 75201 (214) 969-1139 FAX (214) 969-1651 ATTORNEYS FOR PLAINTIFFS CERTIFICATE OF SERVICE On this the 7th day of November, 1997. a aue and correct copy of the foregoing pleading has been forwarded to all counsel of record via certified mail, return receipt requested. Michael E. Schonberg PLAINTIFFS' FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT TOWN OF ADDISON -Page 9 30141iXWl Ufll47l5.1 DOCUMENTS TO BE PRODUCED REQUEST FOR PRODUCTION NO.1: Any and all photographs, aerial photographs, computer animations, videotapes, motion pictures, file or other graphic depiction or document including, maps, plats or models of the real property which is the subject of this lawsuit. RESPONSE: REOUEST FOR PRODUCTION NO.2: Any and all maps, plats, plans, surveys, specifications, blueprints, profiles, analyses, reports, or studies pertaining to site planning, drainage, topography, grades or grading, traffic count, development, construction, zoning or land use in connection with the real property which is the subject of this lawsuit. RESPONSE: REQUEST FOR PRODUCTION NO.3: Any and all appraisal reports, market analysis, income analysis, cost analysis or comparable sales data made, offered, reviewed, compiled, used or consulted by any and all witnesses who mayor shall be called to testify upon the trial of this cause, including any reports, analysis, or data which reflects or forms the basis of the impressions or opinions held by witnesses who may, or shall be called to, testify upon the trial of this cause. RESPONSE: PLAINTIFFS' FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT TOWN OF ADDISON -Page 10 30142 lXml LIT 234735.1 REOUEST FOR PRODUCTION NO.4: All statements made by any tenant, employee, agent, or representative of Defendant concerning the condemnation of the Property that is the subject of this action. RESPONSE: REOUEST FOR PRODUCTION NO.5: Each written report, statement, transcription, or electronically recorded statement of any fact or expert witness, read or reviewed by any expert witness you may call at the trial of this cause. RESPONSE: REQUEST FOR PRODUCTION NO.6: The current resume or curriculum vitae of each expert witness you may call at trial, including the listing of all publications authored or co-authored by each such expert witness, and a listing of each such witness' educational achievements. RESPONSE: REQUEST FOR PRODUCTION NO.7: Any and all exhibits to be used at the trial of this cause of action. RESPONSE: PLAINTIFFS' FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT TOWN OF ADDISON -Page 11 3014200001 UT 23473:5.1 REQUEST FOR PRODUCTION NO.8: Any and all photographs, plats, maps, computer animations, videotapes, motion pictures, film, graphic depictions or documents of any and all alleged comparable sales used to support any expert witness' evaluation. RESPONSE: REQUEST FOR PRODUCTION NO.9: All contracts, notes, records and memoranda related to any agreement between Defendant and its contractors regarding construction of tbe public project for which the Property has been condemned. RESPONSE: REOUEST FOR PRODUCTION NO. 10: Every zoning ordinance or other land use regulation or rule which you allege, contend, or believe effects the value of the property at any relevant time. RESPONSE: REQUEST FOR PRODUCTION NO. 11: All correspondence exchanged between you and Plaintiffs or their tenants relating to tbe Property or the public project for which the Property was condemned. RESPONSE: PLAINTIFFS' FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT TOWN OF ADDISON -Page 12 30142 iXXQt UT 234135.1 REQUEST FOR PRQDUCTION NQ. 12: All records of meetings, public or private, including transcriptS or minutes, during which you or your employees discussed the Property or the public project for which the Property was condemned. RESPONSE: REQUEST FQR PRODUCTION NQ. 13: All correspondence or writings between you and any public utility company in which you or your employees discussed the Property or the public project for which the Property was condemned. RESPONSE: REQUEST FOR PRQDUCTlON NQ. 14: All written or recorded statements made by Plaintiffs or Plaintiffs' employees or tenants. RESPQNSE: REQUEST FOR PRQDUCTION NQ. 15: All notices of public hearings that you held regarding the public project for which the Property was condemned. RESPONSE: PLAINTIFFS' FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT TOWN OF ADDISON -Page 13 lO142()(X'K)1 UT234735,1 REQUEST POR PRODUCTION NO. 16: All documents reflecting the projected completion dates for the public project for which the Property was condemned. RESPQNSE: REQUEST FOR PRODUCTION NQ. 17: All bid requests you published or issued asking for bids on any portion of the public project for which the Property has been condemned. RESPQNSE: REOUEST FOR PRQDUCTIQN NQ. 18: All correspondence and communications between you and Southland Corporation or its representatives or any other tenants of the Property. RESPQNSE: REQUEST FOR PRQDUCTIQN NO. 19: All environmental impact studies done in anticipation of the public project for which the Property was condemned. RESPONSE: PLAINTIFFS' FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT TOWN OF ADDISON -Page 14 3014200001 UT 23473$.1 REQUEST FOR PRQDUCTIQN NQ. 20: All documents. negotiations and/or contracts relating to your purchase or condemnation of any property within 1 mile of the Property that is the subject of this claim since 1994. RESPQNSE: REQUEST FQR PRQDUCJIQN NQ. 21: All interoal documents or memoranda relating to the public project for which the Property was condemned. RESPQNSE: REQUEST FQR PRQDUCTIQN NQ. 22: All internal documents or memoranda relating to the negotiation of the purchase of the Property by you or Dallas Area Rapid Transit. RESPQNSE: REQUEST FQR PRQDUCTIQN NQ. 23: All scale models of the completed project for which the Property was condemned. RESPONSE: PLAINTIFFS' FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT TOWN OF ADDISON -Page 15 3014200Xi1 UT1:34llS.1 REQUEST FOR PRODUCTION NO. 24: All leases or agreements you have made with tenants on the Property since the condemnation of the Property. RESPONSE: REQUEST FOR PRODUCTION NO. 25: All docwnents reflecting plans to condemn or purchase additional property for the public project for which you condemned the Property at issue in this suit. RESPONSE: REQUEST FOR PRODUCTION NO. 26: All docwnents reflecting or comprising appraisals or drafts of appraisals of all or part of the Property that is the subject of this suit, regardless of when such documents were prepared. RESPONSE: REQUEST FOR PRODUCTION NO. 27: All documents reflecting zoning variance requests by Plaintiffs or any of Plaintiffs' tenants. RESPONSE: PLAINTIFFS' FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT TOWN OF ADDISON· Page 16 30142 00001 UT 23413S.! REQUEST FOR PRODUCTION NO. 28: All documents reflecting your decision-making process with respect to all zoning variance requests by Plaintiffs or any of Plaintiffs' tenants. RESPONSE: REQUEST FOR PRODUCTION NO, 29: All documents reflecting your rulings on all zoning variance requests by Plaintiffs or any of Plaintiffs' tenants. RESPONSE: REOUEST FOR PRODUCTION NO, 3Q: All documents reflecting communications between you or your representatives and The Town of Addison or its representatives regarding the Property or the public projects for which the Property has been condemned, including documents relating to the contribution to be paid by each condemnor toward the purchase price of the Property, the retention of appraisers, and the determination of the value of the Property. RESPONSE: REQUEST FOR PRODUCTION NO. 31: All documents or correspondeoce you received from the public concerning the public project for which the Property was condemned. 􀁒􀁅􀁾􀁐􀁏􀁎􀁓􀁅􀀺􀀠 PLAINTIFFS' FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT TOWN OF ADDISON -Page 17 301421XlOO1 ur 234735, I REQUEST FOR PRODUCTION NO. 32: All notes, records or memoranda dealing with offers made to acquire the Property before tiling the Statement in Condemnation and after filing the Statement in Condemnation. RESPONSE: REOUEST FOR PRODUCTION NO. 33: All requests for appraisal reports to your appraisers concerning the Property. RESPONSE: REOUEST FOR PRODUCTION NO. 34: All notes, records or memoranda dealing with offers made to acquire the property owned by Moses and Cline located immediately to the east of the Property. including all appraisal reports concerning the property owned by Moses and Cline. RESPONSE: REQUEST FOR PRODUCTION NO. 35: All requests for appraisal reports to your appraisers concerning the property owned by Moses and Cline located immediately to the east of the Property. RESPONSE: PLAlNTIFFS' FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT TOWN OF ADDISON· Page 18 lOt420:XXH Lrrl3413S.1 REQUEST FOR PRODUCTION NO, 36: All documents not previously produced that relate to the decision to coudeum all or a portion of the PropertY. RESPONSE: REQUEST FOR PRODUCTION NO, 37: All agreements and correspondence between The Town of Addison and DART related to the following: (1) The condemnation of the PropertY; (2) The responsibility for retaining appraisers; (3) The responsibility for negotiating with the PropertY owners and lessees; (4) The type of appraisal to be requested; (5) Instructions to the appraisers regarding the type of appraisal to be done, its due date, how the appraisal should be done, including what to include in or exclude from the appraisal; and (6) Bearing the costs and expenses associated with the condemnation of the PropertY. RESPONSE: REQUEST FOR PRQDUCTIQN NO. 38: All documents reflecting actual offers made to the PropertY owners or lessees and any responses from the owners or lessees concerning the acquisition of the PropertY by you. RESPONSE: PLAINTIFFS' FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT TOWN OF ADDISON -Page 19 30142 1Xm'1 U'r 214115.1 REQUEST FOR PRODUCTION NO. 39: All documents concerning your determination of the record owners and leaseholders of the Property. REspoNSE: REQUEST FOR PRODUCTION NO. 40: All documents, including photos, reports, comparable sales, retention letters, correspondence, and other information provided to any appraiser or received from any appraiser but not provided to the Property owners before the Commissioners' hearing. RESPONSE: REQUEST FOR PRODUCTION NO. 41: All correspondence, notes, or memoranda regarding selection of the individual commissioners to hear the condemnation case, the appointment of the commissioners, and scheduling the commissioners' hearing in the condemnation case, Cause No. 97-00352-0. RESPONSE: REQUEST FOR PRODUCTION NO. 42: All correspondence, notes, documents, or memoranda regarding changing the decision to take only part of the Property and instead to take all of the Property through eminent domain proceedings. RESPONSE: PLAINTIFFS' FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT DEFENDANT TOWN OF ADDISON -Page 20 30141COXlt LIT134735.! REQUEST FOR PRODUCTION NO. 43: If DART or The Town of Addison gave consideration to the potential adverse effects on the Property of: (1) Providing private or public notice of intent to condemn the Property; (2) Prematurely announcing plans to condemn; (3) Delaying actual condemnation for an unreasonable time period after giving notice of intent to condemn; (4) The effect notice of condenmation would have on the Property, its owners, and its lessees before condemnation; (5) Deciding first to condemn only part of the Property and then later condemning all of the Property instead; (6) Southland closing the convenience store located on the Property as a result of the t1treatened condemnation; (7) Lessees not being able to obtain utility service because utility companies refused to service buildings that are "going to be torn down" by DART or The Town of Addison; (8) Southland relying on written and oral statements regarding the timing of either defendant's plans to condemn the subject property; (9) Making public t1treats to condemn the subject property for over 3 years prior to filing a condemnation snit; (10) The rental value of the leased premises deteriorating while the subject property was under t1treatofcondenmation;and (11) By giving notice to condemn part of the subject property and without doing so, then giving notice of intent to condemn all of the subject property, plaintiffs would incur the cost of 2 separate appraisal reports. produce all documents related to those considerations. RESPONSE: REQUEST FOR PRODUCTION NO, 44: All correspondance between you and any expert witnesses in this case or in the condenmation matter Cause No. 97-OO352-D. PLAINTIFFS' FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT TOWN OF ADDISON -Page 21 3014200001 UT2)41lS.1 RESPONSE: REQUEST FOR PRODUCTION NO, 45: All documents relating to the environmental study done in conjunction with the project for which the Property was condemned, including all documents relating to the date the study was requested and the cost of the study, RESPONSE: REQUEST FOR PRODUCTION NO, 46: All documents regarding when DART and The Town of Addison decided to condemn the Property together, and when they agreed to share the costs of condemning 􀁾􀁥􀀠Property, RESPONSE: REQUEST FOR PRODUCTION NO, 47: All plans, drawings, and reports submitted to the Addison Planning and Zoning Commission relating to the public project for which the Property was condemned. RESPONSE: REQUEST FOR PRODUCTION NO, 48: All resolutions of DART and/or Addison regarding: (1) A partial taking of the Property; PLAINTIFFS' FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT TOWN OF ADDISON· Page 22 3(tl420000l Lrrl34ntJ (2) A total taking of the Property; (3) The taking of the Property constituting a public necessity; (4) Negotiating or settling with Plaintiffs; (5) Negotiating or settling with Moses and Cline; (6) Rejecting Plaintiffs settlement offers; (7) Making offers based on appraisal reports obtained. RESPONSE: REOUEST FOR PRODUCTION NO. 49: All notes, memoranda, correspondence, reports, or other communications exchanged between you and any appraiser you have ever retained to render an opinion as to the fair market value of the Property. RESPONSE: REOUEST FOR PRODUCTION NO. 50: All notes, records, correspondence, tapes, tape recordings, and memoranda relating to delays of the Arapaho Road project for DART, the toll road authorities, the Texas Turnpike Authority, or any turnpike, or toll road authority, which is an agency of the State of Texas. RESPONSE: PLAINTIFFS' FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT TOWN OF ADDISON· Page 23 10142 CXXXlI UT 2)4135.1 REOUEST FOR PRODUCTION NO. 51: All notes, correspondence, records, tapes, tape recordings, and memoranda relating to any involvement by the Town of Addison, its employees, agents, and representatives delaying the Arapaho Road project so that the authorities involved in building the tunnel for traffic going under the airport would not have competition when they opened. RESPONSE: REOUEST FOR PRODUCTION NO. 52: Any tapes, tape recordings, or notes or memoranda made from a tape or recording of comments made by Carmen Moran at the Planning & Zoning hearing on October 23, 1997. RESPONSE: PLAINTIFFS' FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT TOWN OF ADDISON -Page 24 3014200001 LIT 234735.1 CAUSE NO. 97-06265 A.P. INVESTMENTS #Ill, LTD., A § TEXAS LIMITED PARTNERSlDP, § JOSEPH H. JONES, BETH § BRANDEBERRY, CAROLYN PERKINS § SHIMER MERRITT, AND SAMUEL § THOMAS PERKINS, CO-TRUSTEES OF § THE MARY COFFIELD TRUST, THE § ANNETTE COFFIELD TRUST, § THE EVELYN C. JONES TRUST, § THE BETH BRANDEBERRY TRUST, § THE CORINNE SHIMER TRUST AND § A. BEN PINNELL, JR., § § PLAINTIFFS § § VS. § § DALLAS AREA RAPID TRANSIT AND § THE TOWN OF ADDISON, § § DEFENDANTS. § IN THE DISTRICT COURT OF DALLASCOUNTY,TEXAS 193RD JUDICIAL DISTRICT PLAINTIFFS' FIRST REQUEST FOR ADMISSIONS TO DEFENDANT THE TOWN OF ADDISON TO: Defendant, The Town of Addison, by and through its attorney of record, Sirn Israeloff, Cowles & Thompson, P.C., 901 Main St., Suite 4000, Dallas, Texas 75202. A.P. Investments #Ill, Ltd., A. Ben Pinnell, Jr., Joseph H. Jones, Beth Brandeberry, Carolyn Perkins Shimer Merritt, Samuel Thomas Perkins, Co-Trustees of the Mary Coffield Trust, the Annette Coffield Trust, the Evelyn C. Jones Trust, the Beth Brandeberry Trust, and the Corinne Shimer Trust, property owners or Plaintiffs (hereinafter referred to as "Plaintiffs") in the above-entitled and numbered cause, by and through its undersigned counsel, hereby PLAINTIFFS' FIRST REQUEST FOR ADMISSIONS TO DEFENDANT THE TOWN OF ADDISON -Page I 30142 00001 LIT 243322 request, pursuant to Texas Rule of Civil Procedure 169, that the Defendant respond to the following Request for Admissions in accordance with the Texas Rules of Civil Procedure. DEFINITIONS & INSTRUCTIONS 1. "You" and "your," as used herein, means the party, whether a corporation, partnership or some other entity, or persons to whom these Interrogatories are addressed, its, his, her, or their employees, agents, attorneys, and all other person acting or purporting to act for or on behalf of such party or persons, whether authorized to do so or not. 2. "Property" as used herein, means the entire parcel of real estate described in Defendants' Statement in Condemnation in the condemnation proceeding Cause No. 97-00352D. 3 . You are required to respond to these requests in writing within 30 days as required by Texas Rule of Civil Procedure 169. PLAINTIFFS' FIRST REQUEST FOR ADMISSIONS TO DEFENDANT THE TOWN OF ADDISON -Page 2 30142 00001 LIT 243322 Respectfully submitted, THOMPSON & KNIGHT A Professional Corporation 􀁂􀁙􀀺􀀮􀁾􀁾􀀠 Michael E. Schonberg, Attorney State Bar No. 00784927 3300 First City Center 1700 Pacific Avenue Dallas, Texas 75201 (214) 969-1139 FAX (214) 969-1651 􀁁􀁔􀁔􀁏􀁒􀁎􀁅􀁙􀁓􀁆􀁏􀁒􀁐􀁾􀁉􀁆􀁆􀁓􀀠 CERTIFICATE OF SERVICE On this the 7th day of November, 1997. a true and correct copy of the foregoing pleading has been forwarded to all counsel of record via certified mail, return receipt requested. PLAINTIFFS' FIRST REQUEST FOR ADMISSIONS TO DEFENDANT THE TOWN OF ADDISON -Page 3 3014200001 LIT 243322 REOUEST NO.1: Admit that you never contacted each of the Property owners of record in an effort to negotiate a purchase price of the Property. RESPONSE: REOUEST NO.2: Admit that you did not furnish to the Property owners all appraisal reports you obtained in your evaluation of the value of the Property. RESPONSE: REOUEST NO.3: Admit that when you made your decision to acquire the Property, you did not give consideration to the adverse effects of giving notice of intent to condemn the Property on the value of the Property or the Property owners' rights to use and enjoy the Property. RESPONSE: REQUEST NO.4: Adrnit that when making your decision to acquire the Property, you did not give consideration to the adverse effects of prematurely annonncing plans to condemn the Property on the value of the Property or the Property owners' rights to use and enjoy the Property. RESPONSE: REOUEST NO.5: Admit that when making your decision to acquire the Property, you did not give consideration to the adverse effects on the value of the Property or the Property owners' rights to use and enjoy the Property of delaying actual condemnation of the Property for an unreasonable time period after giving notice of intent to condenm. RESPONSE: PLAINTIFFS' FIRST REQUEST FOR ADMISSIONS TO DEFENDANT THE TOWN OF ADDISON -Page 4 3014200001 LIT 243322 REOUEST NO.6: Admit that when making your decision to acquire the Property, you did not give consideration to the adverse effects on the value of the Property or the Property owners' rights to use and enjoy the Property of deciding flrst to condemn only part of the Property and then later condemning all of the Property. RESPONSE: REQUEST NO.7: Admit that the same attorney, who is a DART employee, represented both DART and , The Town of Addison in their efforts to acquire the Property through eminent domain. RESPONSE: REQUEST NO.8: Admit that you did not make written offers to each of the owners of record to compensate them for the purchase of Property before you flied your Statement in Condemnation. RESPONSE: REQUEST NO.9: Admit that you did not make offers to each of the owners of record to compensate them for the purchase of Property before you flied your Statement in Condemnation. RESPONSE: REQUEST NO, 10: Admit that the Dallas County District Court has jurisdiction to hear this cause. RESPONSE: PLAINTIFFS' FIRST REQUEST FOR ADMISSIONS TO DEFENDANT THE TOWN OF ADDISON -Page 5 3014200001 LIT 243322 REOUEST NO. 11: Admit that you did not disclose to the Property owners any and all existing appraisal reports produced or acquired by you relating to the Property and used in determining the final valuation offer at the time you offered to purchase the Property, as required by Tex. Prop. Code § 21.0111 (Vernon Supp. 1997). RESPONSE: REQUEST NO. 12: Admit that you did not attempt to agree with Plaintiffs on the damages as a result of the condemnation before you flied your statement in condemnation as is required by Tex. Prop. Cooe § 21.012(b)(4) (Vernon Supp. 1997). RESPONSE: REQUEST NO. 13: Admit that you did not tender the Commissioners' Award from the condemnation proceeding against the Property into the Registry of the Court until after the Court signed the Order granting you possession of the Property. RESPONSE: REOUEST NO. 14: Admit that you did not try to contact each individual owner of the Property and each lessee of the Property to discuss purchasing the Property before flIing your Statement in Condemnation. RESPONSE: REQUEST NQ. 15: Admit that you recognized that Southland Corporation's decision to close its store on the Property after you announced plans to condemn the Property would adversely effect the value of the Property. PLAINTIFFS' FIRST REQUEST FOR ADMISSIONS TO DEFENDANT THE TOWN OF ADDISON -Page 6 30142 00101 LIT 243322 RESPONSE: REQUEST NO, 16: Admit that, as a result of your announced plans to condemn the Property. the Property owners were deprived of the full rental value of the Property. RESPONSE: REOUEST NO, 17: Admit that, as a result of your announced plans to condemn the Property, the Property owners' lessees refused to enter into long-term leases for the fair market rental value of the Property, . RESPONSE: REQUEST NO, 18: Admit that The Town of Addison was relying on DART to ensure that both it and DART complied with all of the procedural requirements for condemnation set forth in the Texas Property Code, RESPONSE: REQUEST NO, 19: Admit that The Town of Addison was relying on DART to negotiate for both DART and The Town of Addison in good faith with the Property owners before the Statement in Condemnation was filed. RESPONSE: PLAINTIFFS' FIRST REQUEST FOR ADMISSIONS TO DEFENDANT THE TOWN OF ADDISON -Page 7 3('142 00101 LIT 243322 REOUEST NO. 20: Admit that The Town of Addison was relying on DART to not adversely effect the Property owners' interests in the Property. RESPONSE: REOUEST NO. 21: Admit that The Town of Addison was relying on DART to furnish timely notice to the Property owners of the Defendants plans to take the Property by eminent domain. RESPONSE: REOUEST NO. 22: Admit that The Town of Addison was relying on DART to identify and notify the Property owners of record before serving the owners with notice of the Commissioners' Hearing in the condemnation matter. RESPONSE: REOUEST NO. 23: Admit that you or one of your agents instructed Southwestern Bell to withhold telephone service from one of the Property owners' lessees. RESPONSE: REQUEST NO, 24: . Admit that before you flied the Statement in Condemnation, you or one of your agents informed TU Electric that the Property was going to be condemned. RESPONSE: PLAINTIFFS' FIRST REQUEST FOR ADMISSIONS TO DEFENDANT THE TOWN OF ADDISON -Page 8 3014200xn LIT 24;322 REOVEST NO. 25: Admit that before you flIed the Statement in Condemnation, you or one of your agents informed Southwestern Bell that the Property was going to be condemned .. RESPONSE: REQUEST NO. 26; Admit that you negotiated the purchase of the property owned by Moses and Cline immediately to the east of the Property without the necessity of ruing a statement in condemnation. RESPONSE: REOUEST NO. 27: Admit that you or one of your agents refused a zoning variance permit request by one of the Property owners' lessees because the Property was going to be condemned. RESPONSE: REQUEST NO. 28: Admit you retained Glenn Silva to do a "limited, restricted," appraisal report. RESPONSE: REQUEST NO. 29: Admit you agreed with Glenn Silva that he could furnish his appraisal report to you on August 6, 1997. RESPONSE: PLAINTIFFS' FIRST REQUEST FOR ADMISSIONS TO DEFENDANT THE TOWN OF ADDISON· Page 9 30142 OOOOl LIT 243322 REQUEST NO. 30: Admit you retained Glenn Silva to do an appraisal report to be used for internal decision making. RESPONSE: REQUEST NO. 31: Admit you instructed Glenn Silva not to bring his work file to the Commissioners Hearing. RESPONSE: REQUEST NQ. 32: Admit that but for the threats of condemnation made prior to 8-10-95, the 7-11 store on the Property would have been in operation on 8-12-97. RESPONSE: REQUEST NO. 33: Admit that Glenn Silva did not include his engagement letter in his appraisal report because of instructions from your attorney. RESPONSE: REQUEST NQ. 34: At the Planning & Zoning hearing on October 23, 1997. Carmen Moran stated the Town of Addison agreed to delay the Arapaho Road project for the toll road authorities. RESPONSE: PLAINTIFFS' FIRST REQUEST FOR ADMISSIONS TO DEFENDANT THE TOWN OF ADDISON· Page 10 3014200001 lIT 243322 CAUSE NO. 97-06265 ABP INVESTMENTS #llI, LTD., A § TEXAS LIMITED PARTNERSHIP, § JOSEPH H. JONES, BETH § BRANDEBERRY , CAROLYN PERKINS § SHlMER MERRITT, AND SAMUEL § THOMAS PERKINS, CO-TRUSTEES OF § THE MARY COFFIELD TRUST, THE § ANNETTE COFFIELD TRUST, § THE EVELYN C. JONES TRUST, § THE BETH BRANDEBERRY TRUST, § THE CORINNE SHlMER TRUST AND § A. BEN PINNELL, JR., § § PLAINTIFFS § § VS. § § DALLAS AREA RAPID TRANSIT AND § THE TOWN OF ADDISON, § § DEFENDANTS. § IN THE DISTRICT COURT OF DALLAS COUNTY, TEXAS 193RD ruDICIAL DISTRICT PLAINTIFF ABP INVESTMENTS #llI, LTD. 'S FIRST AND SECOND SET OF INTERROGATORIES TO DEFENDANT THE TOWN OF ADDISON TO: Defendant, The Town of Addison, by and through its attorney of record, Sim Israeloff, Cowles & Thompson, P.C., 901 Main St., Suite 4000, Dallas, Texas 75202. Pursuant to Rule 168, you are required to answer each Interrogatory separately and fully, in writing, under oath. Your sworn answers may be offered in evidence at the trial of this cause. Each answer shall be preceded by the Interrogatory to which the answer pertains. The answers shall be signed and verified by the person making them and not by the attorney for the Defendant. You must serve your sworn answers on the attorney for the Plaintiffs on or before thirty-four (34) days after service hereof. PLAINTIFF ABP INVESTMENTS NIII, LTD.·S FIRST AND SECOND SET OF INTERROGATORIES TO DEFENDANT THE TOWN OF ADDISON -Page -1 30142 ()(U)t ur 242646 You have the duty to supplement your answers to these Interrogatories as required by the Texas Rules of Civil Procedure and subject ,to the penalties provided therein for failure to do so. The DefInitions and Instructions and the Interrogatories on the follOwing pages are incorporated herein by reference. Respectfully submitted, THOMPSON & KNIGHT A Professional Corporation '/By: 􀁴􀁸􀁾􀀮􀀬􀀠L 􀁌􀀻􀁴􀁑􀁾􀁾 GE 􀁾􀀮 CHAPMAN:nomey State Bar No. 04123000 MICHAEL E. SCHONBERG, Attorney State Bar No. 00784927 1700 Pacific Avenue, Suite 3300 Dallas, Texas 75201 (214) 969-1139 FAX (214) 969-1651 ATIORNEYS FOR PLAINTIFFS PLAINTIFF ABP INVESTMENTS #III, LTD. 'S FIRST AND SECOND SET OF INTERROGATORIES TO DEFENDANT THE TOWN OF ADDISON -Page -2 l6l42000J1 Lrt'l4Ui46 CERTIFICATE OF SERVICE On this the 7th day of November, 1997, a true and correct copy of the foregoing pleading has been forwarded to all counsel of record via certified mail, return receipt requested. PLAINTIFF ASP INVESTMENTS lillI, LTD.'S FIRST AND SECOND SET OF INTERROGATORIES TO DEFENDANT THE TOWN OF ADDISON· Page· 3 30142 !XIOO! ur242646 DEFINITIONS & INSTRUCTIONS 1. "You" and "your," as used herein, means the party, whether a corporation, partnership or some other entity, or persons to whom these Interrogatories are addressed, its, his, her, or their employees, agents, attorneys, and all other person acting or purporting to act for or on behalf of such party or persons, whether authorized to do so or not. 2. "Person," as used herein, means natural persons, corporations, firms associations, partnerships, joint ventures, or any other form of legal business entity; and governmental agencies, departments, units, or any subdivisions thereof. 3. "Expert," as used herein, means any person who is particularly skilled. learned, or experienced in a particular art, science, trade, business, profession, or vocation, and whose knowledge of the subject of such art, science, etc. is not possessed by persons generally. 4. "Testifying expert," as used herein, means an expert who 􀁾 be called as a witness to testify at the trial of this cause. 5. "Consulting expert," as used herein, means an expert who is llQ1 expected to be called as a witness at trial, but whose mental impressions or opinions have been reviewed by a testifying expert. 6. "Document," as used herein, means writings of every kind, source, and authorship, both originals and all non-identical copies thereof, in your possession, custody or control. or known by you to exist, irrespective of whether the writing is one intended for or transmitted internally by you, or intended for or transmitted to any other person or entity, including, without limitation, any government agency, department, administrative entity, or PLAINTIFF ABP INVESTMENTS HIII. LTD.'S FIRST AND SECOND SET OF INTERROGATOR1ES TO DEFENDANT THE TOWN OF ADDISON -Page -4 30142 00J01 UT 142646 personnel. The term includes handwritten, typewritten, printed, photocopied, photographic, and recorded matter. It includes communications in words, symbols, pictures, sound recordings, films, tapes, and infonnation stored in, or accessible through, computer or other information storage or retrieval systems, together witb the codes andlor programming instructions and otber materials necessary to understand and use such systems. For purposes of illustration and not limitation, tbe term includes: correspondence, transcripts of testimony , letters, notes, reports, papers, mes, books, records, contracts, agreements, telegrams, teletypes and otber communications sent or received, diaries, calendars, logs, notes or memoranda of telephonic or face-to-face conversations, drafts, work papers, agendas, bulletins, notices, circulars, announcements, instructions, schedules, minutes, summaries, notes, and otber records and recordings of any conferences, meetings, visits, statements, interviews, or telephone conversations, bills, statements, and other records of obligations, canceled checks, vouchers, receipts and otber records of payments, ledgers, journals, balance sheets, profit and loss statements, and otber sources of financial data, analyses, statements, interviews, affidavits, printed matter (including published books, articles, speeches, and newspaper clippings), press releases, charts, drawings, specifications, manuals, brochures, parts lists, memoranda of all kinds to and from any persons, agencies, or entities, technical and engineering reports, evaluations, advice, recommendations, commentaries, conclusions, studies, test plans, manuals, procedure, data, reports, results and conclusions, records of administrative, technical, and financial actions taken or recommended; and all otber writings tbe contents of which relate to, discuss, consider or otberwise refer to tbe subject matter of the particular discovery requested. PLAINTIFF ABP INVESTMENTS HIll, LTD. 'S FIRST AND SECOND SET OF INTERROGATORIES TO DEFENDANT THE TOWN OF ADDISON· Page· 5 3014200001 trr 142646 7. To "identify" a person, as used herein, means to state the following: (a) The full name of the person; (b) The person's present employer and job title, if known; if not known, the answer shall so state; (c) The person's present business and residence addresses and telephone numbers, if known; if not known, then the person's last known business and residence addresses and telephone numbers; and (d) The person's affiliation at any time with you by employment or otherwise, including the nature and dates of such affIliation. 8. To "identify" a document. as used herein, means to state the following: (a) The title, heading, or caption, if any, of such document; (b) The identifying number(s), letter(s), or combination thereof, on the document, if any; and the significance of meaning of such number(s), letter(s), or combination thereof, if necessary to understand the document or to evaluate any claim that the document is protected from discovery; (c) The date appearing on the document, if no date appears thereon, the answer shall so state and shall give the date or approximate date on which the document was prepared; (d) The number of pages and the general nature or description of the document (e.g., a letter, memorandum, minutes of a meeting, etc.); PLAINTIFF ABP INVESTMENTS 8ITI. LTD:S FIRST AND SECOND SET OF INTERROGATORIES TO DEFENDANT THE TOWN OF ADDISON -Page -6 3()142 IXlOQI LIT 242646 (e) The identify of the person who signed the document or over whose name the document was issued; if the document was not signed, the answer shall so state, and shall identify the person(s) who prepared it; (f) The identity of each person to whom the document was addressed, sent, distributed, or directed; (g) The physical location of the document and the name of its custodian(s); and (h) Whether the document will be voluntarily made available to Plaintiff for inspection and copying; if not, the reasons why not. 9. To "identify" an oral communication, as used herein, means to state: (a) The time, date, and place at which the oral communication was made; (b) The identity of each person who participated in the oral communication who was present during the oral communication; (c) The identity of the person(s) who employed, or who was represented by, each person making the oral communication; (d) The substance of the communication; and (e) The identity of each document pertaining to the oral communication. PLAINTIFF ABP INVESTMENTS IIIn. LTD:S FIRST AND SECOND SET OF INTERROGATORIES TO DEFENDANT THE TOWN OF ADDISON -Page -7 30142 OCQ)1 LIT 141646 10. To "identifY" a sale of real property, as used herein, means to state: (a) The identity of each Grantor and each Grantee in the sale; (b) The total area of the real property sold; (c) The consideration paid by the Grantee in the sale, including the terms of payment; (d) The closing date of the sale; (e) The legal description and the local address of the real property sold; (0 The volume and page number of the official real property records of every county in which the conveying document was recorded; (g) A description of every fIXture and improvement located on the real property sold, including the age, condition, use, size (in square feet), and construction material of the fixture or improvement; and (h) The identity of each person who was contacted to verifY and data concerning the sale. 11. A request for the "identity" of a thing, as used herein, constitutes a request for the same information by which you are to "identity" the thing. 12. "Property" as used herein, means the entire parcel of real estate described in Defendants' Statement in Condemnation in the condemnation proceeding Cause No. 97-00352D. 13. Unless the context requires otherwise herein, the masculine gender includes the feminine gender, and the singular number includes the plural number. PLAINTIFF ABP INVESTMENTS #111, LTD. 'S FIRST AND SECOND SET OF INTERROGATORIES TO DEFENDANT THE TOWN OF ADDISON -Page -8 30141 OIXXil LIT 242646 14. If you claim that any information requested in these Interrogatories is privileged, state the precise nature and basis of the privilege claimed, including a reference by number and subdivision to any applicable provisions of the Texas Rules of Evidence under which such privilege is claimed. INTERROGATORIES INTERROGATORY NO, 1: State the name, address, telephone nwnber and occupation of each and every expert witness who you may call to testify at the trial of this cause of action or whose mental impressions and opinions were reviewed by an expert who you may can to testify. ANSWER: INTERROGATORY NO, 2: State the name, address aud telephone nwnber of any persons having knowledge of relevant facts known to you or your attorney. and your understauding as to the relevant facts or knowledge of which each person is aware. ANSWER: PLAINTIFF ABP INVESTMENTS IIII, LTD:S FIRST AND SECOND SET OF INTERROGATORIES TO DEFENDANT THE TOWN OF ADDISON -Page -9 3014200001 UT 242646 INTERROGATORY NO.3: As to each expert witness previously identified by you, if applicable, state the subject matter on which the expert is expected to testify, the mental impressions and opinions held by the expert, and the facts known to the expert which relate to or form the basis of the mental impressions and opinions held by the expert. ANSWER: INTERROGATORY NO.4: State why you initially planned to take only part of the Property in connection with the public project and state when and why you ultimately decided to join DART to condemn the entire Property, and describe what part of the public project changed, if any, that required a total taking instead of a partial taking. ANSWER: INTERROGATORY NO.5: Describe all conversations any of your representatives had with Ben Pinnell regarding the condemnation and valuation of the Property and any negotiations for the sale of the Property to you. ANSWER: PLAINTIFF ABP INVESTMENTS 11111. LTD. 'S FIRST AND SECOND SET OF INTERROGATORIES TO DEFENDANT THE TOWN OF ADDISON -Page -10 3014l0(XXH UT 242646 INTERROGATORY NO.6: State why you refused to honor the oral agreement Mack Turner reached with Plaintiffs regarding the transfer of the Property that was to be consummated by April, 1996 and who decided that the agreement between your agent, Mack Turner, and Ben Pinnell would not be consummated. If you contend there was no oral agreement, state all facts that support that contention. ANSWER: INTERROGATORY NO.7: Please identitY by name, address, telephone number and professionaiJicense number (if applicable), each and every engineer engaged or retained by Petitioner to perform any planning, design or construction services in connection with the public project involved within Ih mile of the subject property. ANSWER: INTERROGATORY NO.8: Please describe in detail each and every design change or modification regarding routing, grade, width, length and right-of-way requirements within II.! mile of the subject property, and explain, with specificity, how each design change or modification deviated or differed from from the initial design of the public project which is the subject of this eminent domain proceeding. ANSWER: PLAINTIFF ABP INVESTMENTS HIlI, LTD.'S FIRST AND SECOND SET OF INTERROGATORIES TO DEFENDANT THE TOWN OF ADDISON -Page -11 3014200001 LIT 242646 INTERROGATORY NO.9: Please state the anticipated or projected dates of completion of the entire public project which is the subject of this proceeding, and state the number of occasions such anticipated or projected completion dates have been revised by referencing each such anticipated or projected completion dates in chronological order. ANSWER: INTERROGATORY NO. 10: State the dates of every public hearing held by you or a commission, committee, or council of yours relating to the public project for which the Property was condemned. ANSWER: INTERROGATORY NO. 11: Describe the date, place, and time, any of your representatives discussed or negotiated with every other property owner within 1 mile of the Property, the acquisition or purchase price of any other property taken for the public project at issue in this lawsuit. ANSWER: PLAINTIFF ABP INVESTMENTS NIII. LTD.·S FIRST AND SECOND SET OF INTERROGATORIES TO DEFENDANT THE TOWN OF ADDISON -Page -12 3CH42 WJOl UT 141646 INTERROGATORY NO. 12: Describe all conversations Mack Turner had with representatives of DART or The Town of Addison concerning Ben Pinnell, Ben Pinnell's tenants, and the condemnation and purchase of the Property. ANSWER: INTERROGATORY NO. 13: On what specific date or dates was the property involved in this lawsuit inspected or examined by eacb person or expert making the detenninations of the feasibility of the proposed public project or other evaluations for condemnation purposes and identify who examined the property oneach specific date? ANSWER: INTERROGATORY NO. 14: Identify every written appraisal you received concerning the Property by staring the appraiser, the date it was prepared, the date you requested it, who you requested it from, the date it was furnished to you, and whether an offer to purcbase the Property was ever made based upon the appraisal and if so, how much was the offer, when was the offer made, by whom, and state what you contend Plaimiffs' response was. ANSWER: PLAINTIFF ABP INVESTMENTS ifill, LTD.' S FIRST AND SECOND SET OF INTERROGATORIES TO DEFENDANT THE TOWN OF ADDISON -Page -13 30141 i)XX)1 LIT 241646 INTERROGATORY NO. 15: If no offers were made based on the appraisals listed above in response to the previous interrogatory, state why not. ANSWER: INTERROGATORY NO. 16: Describe in detail all contacts, written or oral, with Moses and Cline, the property owners inunediately to the east of the Property, regarding the public works project, the condemnation, and/or offers to purchase their property, including the dates of each conununication, the representative who made the conununication, and the conversations which occurred. ANSWER: INTERROGATORY NO, 17: Describe all contacts, written or oral, you or your agents have had with the Plaintiffs' tenants stating the date and purpose of the contact, the person who made the contact, the persons contacted, and the conversations which occurred. ANSWER: PLAINTIFF ABP INVESTMENTS HIlI, LTD. 'S FIRST AND SECOND SET OF INTERROGATORIES TO DEFENDANT THE TOWN OF ADDISON -Page -14 30142 {XO)I UT 242646 INTERROGATORY NO. 18: If any of your agents, employees, representatives, expert witnesses, consultants or attorneys had any contact or conversation with any of the Plaintiffs' agents, representatives, employees or attorneys regarding the condemnation of the Property, please state: (a) the date of the contact; (b) the parties involved; (c) what statements were made by whom; and (d) the purpose for the contact. ANSWER: INTERROGATORY NO. 19: State all reasons that you rely upon to explain the delay between the time you decided to condemn any part of the Property and (1) the filing of the Statement in Condemnation, and (2) the scheduling of the Commissioners' Hearing. ANSWER: INTERROGATORY NO. 20: State the names and positions of each of your employees, contractors, or representatives who ever discussed the Property, the public project at issue, or plans to "tear down" improvements on the Property, with employees or representatives of TU Electric, Southwestern Bell Telephone, Lone Star Gas, or any other utility utility provider. ANSWER: PLAINTIFF ABP INVESTMENTS #III, LTD,'S FIRST AND SECOND SET OF INTERROGATORIES TO DEFENDANT THE TOWN OF ADDISON -Page -1S 30142 or.o:!l LIT 242646 INTERROGATORY NO. 21: State the substance of any conversations the persons described in the previous interrogatory had with the representatives of the utility companies and state the names of the utility company employees or representatives with whom your representatives spoke. ANSWER: INTERROGATORY NO. 22: Identify all offers made to acquire the Property by either DART or The Town of Addison, stating the dates of the offers, the amounts of the offers, who relayed the offers and what response was received, and identify which appraisal report each offer was based upon. ANSWER: INTERROGATORY NO. 23: Describe all communications between DART and/or its representatives and Addison and/or its representatives regarding: (1) Notice to the Property owners of plans to condemn the Property; (2) Efforts to negotiate with the Property owners to acquire the Property; (3) Offers made. to acquire the Property and the reasons or bases for the offers made; (4) Any counter-offers made by the Property owners; (5) The dates any any offers or counter-offers regarding the Property were rejected by Dart and/or The Town of Addison, and the reasons for the rejection and who decided to reject such offers. PLAINTIFF ABP INVESTMENTS #111, LTD,'S FIRST AND SECOND SET OF INTERROGATORIES TO DEFENDANT THE TOWN OF ADDISON -Page -16 30142(X)OOI UTZ42646 ANSWER: INTERROGATORY NO. 24: State all reasons why acquiring the Property constituted a "public necessity" as is required by the Texas Constitution, both as to the initially proposed partial taking and the actual total taking, include in your answer when it became a public necessity and describe any contacts between DART and Addison regarding the public necessity of the project, and describe public discussions or hearings, giving the date and forum, where the issue of the public necessity of this project was entertained. ANSWER: INTERROGATORY NO. 25: If there were any environmental regulations or concerns that contributed to any delays in condemning the Property please state when those concerns developed, who identified them, and how they manifested themselves, and when and how the concerns were ultimately resolved. ANSWER: PLAINTIFF ABP INVESTMENTS Hill, LTD. 'S FIRST AND SECOND SET OF INTERROGATORIES TO DEFENDANT THE TOWN OF ADDISON -Page -17 3Ot42 wxu tIT 242646 INTERROGATORY NO. 26: Identify all communications between DART and The Town of Addison concerning the apportionment of the costs of condemning the Property and wrung issues related to the Property. ANSWER: INTERROGATORY NO. 27: Who gave Rick Livingston, an employee of Lone Star Gas, orders or instructions to enter Plaintiffs' Property on the afternoon of July 8, 1997, to excavate the Property, and for what purpose was the digging taking place? ANSWER: INTERROGATORY NO, 28: State every date on which DART or The Town of Addison passed any resolutions approving or authorizing the condemnation of the Property, and state the resolutions verbatim, or in lieu thereof attach copies. ANSWER: INTERROGATORY NO, 29: State the names and addresses of every appraiser retained to assist in determining the fair market value of the Property, furnishing the dates they were retained and the dates of any written agreement regarding the appraisers being retained. PLAINTIFF ABP INVESTMENTS #111. LTD.·S FIRST AND SECOND SET OF INTERROGATORIES TO DEFENDANT THE TOWN OF ADDISON -Page -18 30142 00001 LIT 142646 ANSWER: INTERROGATORY NO. 30: State the names, titles, and addresses of all persons who negotiated with the Property owners or lessees of the Property and state: (1) The persons contacted and the dates of the contacts; (2) What offers were actually made; (3) Which appraisal reports any individual offers were based upon; and (4) How any such offers were responded to. ANSWER: INTERROGATORY NO, 31: State in detail all reasons for: (1) Filing the Original Petition in Condenmation and not serving a copy on the Property owners; (2) Having Commissioners appointed to hear the condenmation matter without giving the Property owners an opportunity to recommend potential commissioners as is required by the Texas Property Code; and (3) Requesting the appraiser, Glenn Silva, who testified for you at the Commissioners' Hearing in the condenmation case, to prepare only a short form or "limited, restricted" appraisal, to not include rent comparables in his report, and to not inclnde the retention letter agreement you sent to him in the report; PLAINTIFF ABP INVESTMENTS #III, LTD.' S FIRST AND SECOND SET OF INTERROGATORIES TO DEFENDANT THE TOWN OF ADDISON -Page -19 301420000t UT 2426016 (4) Not retaining Glenn Silva to appraise the subject property until late June or early July of 1997; (5) Not furnishing to plaintiffs or their attorneys Glenn Silva's appraisal report 10 days prior to the Commissioner's Hearing as specified in the Texas Property Code; (6) David Schultz having a verbal agreement that Glenn Silva could furnish an appraisal report of the subject property on August 6, 1997; (7) Your requesting from Glenn Silva an appraisal report of the type to be used by you for internal decision making; (8) Glenn Silva's not bringing to the Commissioner's Hearing the additional information in his work file, such as rent comparables, which was referred to in his appraisal report; and (9) David Schultz furnishing to the Commissioners only selected portions of the appraisal report of Glenn Silva. ANSWER: INTERROGATORY NO. 32: If DART or The Town of Addison gave consideration to the potential adverse effects on the Property, its owners or tenants, of any of the following, state the name and address and title of the person who gave such consideration, what consideration was given, what action was taken after such consideration, and the reasons for taking such action: (1) Providing private or public notice of intent to condemn the Property; PLAINTIFF ASP INVESTMENTS HIlI, LTD. 'S FIRST AND SECOND SET OF INTERROGATORIES TO DEFENDANT THE TOWN OF ADDISON -Page -20 30H2 {l()l)J LIT U2646 (2) Prematurely announcing plans to condemn; (3) Delaying actual condemnation for an unreasonable time period after giving notice of intent to condemn; (4) The effect notice of condemnation would have on the Property, its owners, and its lessees before condemnation; (5) Deciding fIrst to condemn only part of the Property and then later condemning all of the Property instead; and (6) Southland relying on written and oral statements regarding the timing of either defendant's plans to condemn the subject property; (7) Making public threats to condemn the subject property for over 3 years prior to fIling a condemnation suit; (8) The rental value of the leased premises deteriorating while the subject property was under threat of condemnation; and (9) By giving notice to condemn part of the subject property and without doing so, then giving notice of intent to condemn all of the subject property, plaintiffs would incur the cost of 2 separate appraisal reports. ANSWER: INTERROGATORY NO, 33: Describe all actions taken by you or your agents or representatives before depositing the Commissioners' Award into the registry of the Court in the separate condemnation action that were inconsistent with the owners and lessees' Property rights. PLAINTIFF ABP INVESTMENTS #111, LTD.'S FIRST AND SECOND SET OF INTERROGATORIES TO DEFENDANT THE TOWN OF ADDISON -Page -21 30142 00001 LIT 242646 ANSWER: INTERROGATORY NO. 34: How much did DART and/or The Town of Addison spend on the environmental study done in conjunction with the project for which the Property was condemned? ANSWER: INTERROGATORY NO. 35: When did DART and The Town of Addison agree that a total taking of the Property would be necessary and when did they agree on how the responSibilities and costs for condemning the Property would be divided among them? ANSWER: INTERROGATORY NO. 36: Please describe in detail all involvement of the Town of Addison in delaying the Arapaho Road project in order to accommodate toll road authorities, or in order to reduce competition, by stating: (a) The name, address and title of the persons involved; (b) The conversations that occurred, stating who said what to whom; (c) The dates of such conversations; (d) The goal in permitting such delays; and PLAINTIFF ABP INVESTMENTS #Ill, LID. 'S FIRST AND SECOND SET OF INTERROGATORIES TO DEFENDANT THE TOWN OF ADDISON· Page· 22 3014Zrxm! 􀁕􀁔􀀲􀀴􀁾􀀶􀀴􀀶􀀠 (e) If there are notes, records, or memoranda referring to such involvement, please copy the contents verbatim, or in lieu thereof, attach copies, ANSWER: PLAINTIFF ABP INVESTMENTS #III, LTD, 'S FIRST AND SECOND SET OF INTERROGATORIES TO DEFENDANT THE TOWN OF ADDISON -Page -23 30142 00Xl1 UT"M2646 CAUSE NO. 97-06265 ABP INVESTMENTS #III, LTD., A § TEXAS LIMITED PARTNERSH1P, § JOSEPH H. JONES, BETH § BRANDEBERRY, CAROLYN PERKINS § SHIMER MERRITT, AND SAMUEL § THOMAS PERKINS, CO-TRUSTEES OF § THE MARY COFFIELD TRUST, THE § ANNETTE COFFIELD TRUST, § THE EVELYN C. JONES TRUST, § THE BETH BRANDEBERRY TRUST, § THE CORINNE SHIMER TRUST AND § A. BEN PINNELL, JR., § § PLAINTIFFS § § VS. § § DALLAS AREA RAPID TRANSIT AND § THE TOWN OF ADDISON, § § DEFENDANTS. § IN THE DISTRICT COURT OF DALLASCOUNTY,TEXAS 193RD JUDICIAL DISTRICT PLAINTIFFS' FIRST REOUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT TOWN OF ADDISON TO: Defendant, Town of Addison, by and through its attorney of record, Sim Israeloff, Cowles & Thompson, P.C., 901 Main Street, Suite 4000, Dallas, Texas 75202. ABP Investments #III, Ltd., A. Ben Pinnell, Jr., Joseph H. Jones, Beth Brandeberry, Carolyn Perkins Shimer Merritt, Samuel Thomas Perkins, Co-Trustees of the Mary Coffield Trust, the Annette Coffield Trust, the Evelyn C. Jones Trust, the Beth Brandeberry Trust, and the Corinne Shlmer Trust, property owners or Plaintiffs (hereinafter referred to as "Plaintiffs") in the above-entitled and numbered cause, by and through its undersigned counsel, hereby PLAINTIFFS' FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT TOWN OF ADDISON -Page 1 3014% 1XW1 ur13413S.! requests, pursuant to Texas Rules of Civil Procedure 167, that the Defendant produce the documents and things listed below for inspection and copying on or before the expiration of thirty-one (31) days from the date of service hereof, at the offices of the Plaintiffs' counsel. As used in this Request, "document" shall mean every writing or record of any type and description and every tangible thing that is or has been in the possession, control or custody of the Defendant, or any of its agents or employees, to which the Defendant has access, or of which the Defendant has knowledge, including without limitation, correspondence, memoranda, stenographic or handwritten notes, studies, publications, books, pamphiets, pictures, films, tapes, voice recordings, maps, reports, surveys, minutes or statistical compilations, every copy of such writing or record where the original is not in the possession, custody or control of the Defendant or its agents or employees; and every copy of every such writing or record where such copy contains any commentary or notation whatsoever that does not appear on the original. A written response to this request is required pursuant to Texas Rules of Civil Procedure 167. If you maintain that any document or record requested herein has been lost, misplaced or destroyed, set forth with respect to each document: (a) The contents of the document; (b) A description of the document, including its nature, date, by whom prepared or sent, and identify the recipient or person to whom the document was directed; (c) The location of any copies of the document; PLAINTIFFS' FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT TOWN OF ADDISON -Page 2 30142 00Xi I t.rr 2.341)5, I (d) The date of and circumstances surrounding such loss or destruction; and (e) If the document was destroyed, the name of the person who ordered, or authorized that destruction and the reason for the destruction. If you maintain that any of the documentS requested herein cannot be produced by virtue of any claims, privilege or immunity, state with respect to each such document: (a) The date of the document; (b) The author or authors of the document; (c) The identity of the attorney and the client involved; (d) The identity of each person receiving copies of the document; (e) The nature of the document involved (i.e., memorandum, letter, contract, etc.); (f) The general content of the document; and (g) The ground upon which each such document is considered to be privileged. This Request for Documents is deemed to be continuing in nature pursuant to Texas Rules of Civil Procedure 166b(5). If you receive documents supplementing the documents requested herein, you are directed to immediately forward those documents to the counsel for the Plaintiff. Failure to supplement could invoke the sanctions of Texas Rules of Civil Procedure 215(5). PLAINTIFFS' FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT TOWN OF ADDISON -Page 3 3014200»1 ur 234735.1 DEFINITIONS & INSTRUCTIONS 1. "You" and "your," as used herein, means the party, whether a corporation, partnership or some other entity, or persons to whom these Interrogatories are addressed, its, his, her, or their employees, agents, attorneys, and all other person acting or purporting to act for or on behalf of such party or persons, whether authorized to do so or not. 2. "Person," as used herein, means natural persons, corporations, flIIIlS associations, partnerships, joint ventures, or any other form of legal business entity; and governmental agencies, departments, units, or any subdivisions thereof. 3. "Expert," as nsed herein, means any person who is particularly skilled, learned, or experienced in a particular art, science, trade, business, profession, or vocation, and whose knowledge of the subject of such art, science, etc. is not possessed by persons generally. 4. "Testifying expert," as used herein, means an expert who lllil)C be called as a witness to testify at the trial of this cause. 5. "Consulting expert," as used herein, means an expert who is IlQJ; expected to be called as a witness at trial, but whose mental impressions or opinions have been reviewed by a testifying expert. 6. "Document," as used herein, means writings ofevery kind, source, and authorship, both originals and all non-identical copies thereof, in your possession, custody or control, or known by you to exist, irrespective of whether the writing is one intended for or transmitted internally by you, or intended for or transmitted to any other person or entity, including, without PLAINTIFFS' FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT TOWN OF ADDISON. Page 4 )0[41 OI:XXll Lrr'234'rn.t limitation, any government agency, department, administrative entity, or personnel. The term includes handwritten, typewritten, printed, photocopied, photographic, and recorded matter. It includes communications in words, symbols, pictures, sound recordings, films, tapes, and information stored in, or accessible through, computer or other information storage or retrieval systems, together with the codes and/or programming instructions and other materials necessary to understand and use such systems. For purposes of illustration and not limitation, the term includes: correspondence, transcripts of testimony, letters, notes, reports, papers, files, books, records, contracts, agreements, telegrams, teletypes and other communications sent or received, diaries, calendars, logs, notes or memoranda of telephonic or face-to-face conversations, drafts, work papers, agendas, bulletins, notices, circulars, announcements, instructions, schedules, minutes, summaries, notes, and other records and recordings of any conferences, meetings, visits, statements, interviews, or telephone conversations, bills, statements, and other records of obligations, canceled checks, vouchers, receipts and other records of payments, ledgers, journals, balance sheets, profit and loss statements, and other sources of financial data, analyses, statements, interviews, affidavits, printed matter (including published books, articles, speeches, and newspaper clippings), press releases, charts, drawings, specifications, manuals, brochures, parts lists, memoranda of all kinds to and from any persons, agencies, or entities, technical and engineering reports, evaluations, advice, recommendations, commentaries, cOliclusions, studies, test plans, manuals, procedure, data, reports, results and conclusions, records of administrative, technical, and financial actions taken or recommended; and all other writings the contents of PLAINTIFFS' FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT TOWN OF ADDISON -Page 5 3014200X11 LIT 234735.1 which relate to, discuss, consider or otherwise refer to the subject matter of the particular discovery requested. 7. To "identifY" a person, as used herein, means to state the following: (a) The full name of the person; (b) The person's present employer andjob title, if known; if not known, the answer shall so state; (c) The person's present business and residence addresses and telephone numbers, if known; if not known, then the person's last known business and residence addresses and telephone numbers; and (d) The person's aff!.liation at any time with you by employment or otherwise, including the nature and dates of such affiliation. 8. To "identifY" a document, as used herein, means to state the following: (a) The title, heading, or caption, if any, of such document; (b) The identifYing number(s), letter(s), or combination thereof, on the document, if any; and the significance of meaning of such number(s), letter(s), or combination thereof, if necessary to understand the document or to evaluate anyclaim anyclaim that the document is protected from discovery; (c) The date appearing on the document, if no date appears thereon, the answer shall so state and shall give the date or approximate date on which the document was prepared; PLAINTIFFS' FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT TOWN OF ADDISON· Page 6 3014Z00001 UT234'm.l (d) The number of pages and the general nature or description of the document (e.g., a letter, memorandum, minutes of a meeting, etc.); (e) The identitY of the person woo signed the document or over whose name the document was issued; if the document was not signed, the answer shall so state, and shall identitY the person(s) who prepared it; (t) The identity of each person to whom the document was addressed, sent, distributed, or directed; (g) The physical location of the document and the name of its custodian(s); and (h) Whether the document will be voluntarily made available to Defendant for inspection and copying; if not, the reasons why not. 9. To "identitY" an oral communication, as used herein, means to state: (a) The time, date, and place at which the oral communication was made; (b) The identity of each person who participated in the oral communication who was present during the oral communication; (c) The identity ofthe person(s) who employed, or who was represented by, each person making the oral communication; (d) The substance of the communication; and (e) The identity ofeach document pertaining to the oral communication. 10. To "identitY" a sale of real property, as used herein, means to state: PLAINTIFFS' FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT TOWN OF ADDISON· Page 7 3014200)01 Uf23473S.! (a) The identity of each Grantor and each Grantee in the sale; (b) The total area of the real property sold; (c) The consideration paid by the Grantee in the sale, including the terms of payment; (d) The closing date of the sale; (e) The legal description and the local address of the real property sold; (f) The volume and page number of the official real property records of every county in which the conveying document was recorded; (g) A description of every fixture and improvement located on the real property sold, including the age, condition, use, size (in square feet), and construction material of the fIXture or improvement; and (h) The identity of each person who was contacted to verify and data concerning the sale. 11. A request for the "identity" of a thing, as used herein, constitutes a request for the same information by which you are to "identify" the thing. 12. "Property" as used herein, means the entire parcel of real estate described in Defendants' Statement in Condemnation in the condemnation proceeding Cause No. 97-OO352-D. 13. If you claim that any document(s) requested in these Requests for Production of Documents is privileged, state the precise nature and basis of the privilege claimed, including a reference by number and subdivision to any applicable provisions of the Texas Rules of Evidence under which such privilege is claimed. PLAINTIFFS' FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT TOWN OF ADDISON -Page 8 30142 OIXXil UT 􀀱􀀳􀀴􀀷􀁊􀁾􀀮􀀱􀀠 Respectfully submitted, THOMPSON & KNIGHT A Professional Corporation By: 􀁾􀁾􀁴􀁴􀁯􀁭􀁥􀁹􀀢􀀠 State Bar No. 04123000 Michael E. Schonberg State Bar No. 00784927 3300 First City Center 1700 Pacific Avenue Dallas, Texas 75201 (214) 969-1139 FAX (214) 969-1651 ATTORNEYS FOR PLAINTIFFS CERTIFICATE OF SERVICE On this the 7th day of November, 1997, a true and correct copy of the foregoing pleading has been forwarded to all counsel of record via certified mail, return receipt requested. Michael E. Schonberg PLAINTIFFS' FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT TOWN OF ADDISON -Page 9 30142 cmJl UT'23471S.1 DOCUMENTS TO BE PRODUCED REQUEST FOR PRQDUCTIQN NQ. 1: Any and all photographs, aerial photographs, computer animations, videotapes, motion pictures, me or other graphic depiction or document including, maps, plats or models of the real property which is the subject of this lawsuit. RBSPQNSE: REQUEST FOR PRODUCTIQN NQ. 2: Any and all maps, plats, plans, surveys, specifications, blueprints, promes, analyses, reports, or studies pertaining to site planning, drainage, topography, grades or grading, traffic count, development, construction, zoning or land use in connection with the real property which is the subject of this lawsuit. RESPQNSE: REQUEST FOR PRQDUCTIQN NQ. 3: Any and all appraisal reports, market analysis, income analysis, cost analysis or comparable sales data made, offered, reviewed, compiled, used or consulted by any and all witnesses who mayor shall be called to testify upon the trial of this cause, including any reports, analysis, or data which reflects or forms the basis of the impressions or or opinions held by witnesses who may, or shall be called to, testify upon the trial of this cause. RBSPQNSE: PLAINTIFFS' FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT TOWN OF ADDISON -Page 10 30142:00001 L1i2J413$.t REQUEST FOR PRODUCTION NO.4: All statements made by any tenant, employee, agent, or representative of Defendant concerning the condemnation of the Property that is the subject of this action. RESPONSE: REQUEST FOR PRODUCTION NO, 5: Each written report, statement, transcription, or electronically recorded statement of any fact or expert witness, read or reviewed by any expert witness you may call at the trial of this cause. . RESPONSE: REQUEST FOR PRODlJCTION NO.6: The current resume or curriculum vitae of each expert witness you may call at trial, including the listing of all publications anthored or co-anthored by each such expert witness, and a listing of each such witness' educational achievements. RESPONSE: REQUEST FOR PRODUCTION NO.7: Any and all exhibits to be used at the trial of this cause of action. RESPONSE: PLAINTIFFS' FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT TOWN OF ADDISON -Page 11 3Ot420c001 LIT234735.1 REQUEST FOR PRODUCTION NO, 8: Ally and all photographs, plats, maps, computer animations, videotapes, motion pictures, fIlm, graphic depictions or documents of any and all alleged comparable sales used to support any expert witness I evaluation, RESPONSE: REQUEST FOR PRQDUCIION NO, 9: All contracts, notes, records and memoranda related to any agreement between Defendant and its contractors regarding construction of the public project for which the Property has been condemned. RESPQNSE: REQUEST FOR PRODUCIIQN NO, 10: Every zoning ordinance or other land use regulation or rule which you allege, contend, or believe effects the value of the property at any relevant time, RESPQNSE: REOUEST FOR PRODUCTION NO, 11: All correspondence exchanged between you and Plaintiffs or their tenants relating to the Property or the public project for which the Property was condemned. RESPONSE: PLAINTIFFS' FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT TOWN OF ADDISON -Page 12 3014% 0x()1 LIT 114'135.1 REQUEST FOR PRODUCTION NO, 12: All records of meetings, public or private, including transcripts or minutes, during which you or your employees discussed the Property or the public project for which the Property was condemned, RESPONSE: REQUEST FOR PRODUCTION NO. 13: All correspondence or writings between you and any public utility company in which you or your employees discussed the Property or the public project for which the Property was condemned. RESPONSE: REOUEST FOR PRODUCTION NO. 14: All written or recorded statements made by Plaintiffs or Plaintiffs' employees or tenants. RESPONSE; REQUEST FOR PRODUCTION NO. 15: All notices of public hearings that you held regarding the public project for which the Property was condemned. RESPONSE: PLAINTIFFS' FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT TOWN OF ADDISON· Page 13 lO142 00001 trr2347l$.1 REQUEST FOR PRODUCTION NO. 16: All documents reflecting the projected completion dates for the public project for which the Property was condemned. RESPONSE: REQUEST FOR PRODUCTION NO. 17: All bid requests you published or issued asking for bids on any portion of the public project for which the Property has been condemned. RESPONSE: REOUEST FOR PRODUCTION NO. 18: All correspondence and communications between you and Southland Corporation or its representatives or any other tenants of the Property. RESPONSE: REQUEST FOR PRODUCTION NO. 19: All environmental impact studies done in anticipation of the public project for which the Property was condemned. RESPONSE: PLAINTIFFS' FffiST REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT TOWN OF ADDISON -Page 14 3014ZIXXlOI LlTZl473,5,1 REOUEST FOR PRODUCTION NO, 20: All documents, negotiations and/or contracts relating to your purchase or condemnation of any property within 1 mile of the Property that is the subject of this claim since 1994. RESPONSE: REQUEST FOR PRODUCTION NO, 21: All internal documents or memoranda relating to the public project for which the Property was condemned, RESPONSE: REQUEST FOR PRODUCTION NQ, 22: All internal documents or memoranda relating to the negotiation of the purchase of the Property by you or Dallas Area Rapid Transit, RESPONSE: REQlfflST FQR PRQD1JCTIQN NQ, 23: All scale models of the completed project for which the Property was condemned. RESPQNSE: PLAINTIFFS' FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT TOWN OF ADDISON -Page 15 lOI4ZIDXlI1JTZ341l5.l REQUEST FOR PRODUCTION NO, 24: All leases or agreements you have made with tenants on the Property since the condemnation of the Property. RESPONSE: REOUEST FOR PRODUCTION NO. 25: All documents reflecting plans to condemn or purchase additional property for the public project for which you condemned the Property at issue in this suit. RESPONSE: REQUEST FOR PRQDUCTION NQ. 26: All documents reflecting or comprising appraisais or drafts of appraisals of aU or part of the Property that is the subject of this suit, regardless of when such documents were prepared. RESPONSE: REQUEST FOR PRQDUCIIQN NQ. 27: All documents reflecting zoning variance requests by Plaintiffs or any ofPlaintiffs' tenants. RESPQNSE: PLAINTIFFS' FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT TOWN OF ADDISON· Page 16 30141 1 G)t1!lb::ciL . The Southland Corporation die flat appear I appeared b'l Coy., 􀁾􀁊􀀠 JoM H. King die Rst appear I appeared b'1 (,70b ;:.-e! Citico'l' North America. Inc. did not appear ,;.'uU.]!.'.Ipe!earareedd-_________. TIC United CO'l'., d.b.a. Collier Trucking Division orTIC United COIp., as SUl;ceSSOr in interest to the assets oreollier Trucking. Inc. did not appear I .at!llt«lcd Morningstar Entertainment Group, Inc., a.k.a. Morning Star Entertainment did not appear 1.fI!!l'clIIe&. Computer People Inc. did not appear ,.."3i1j!!t!')"lel.llll'lII'eedd-􀁟􀁾_________ Dexton Corporation difl ftOl appellf I appeared 􀁟􀀮􀀮􀀱􀀮􀀶􀁌􀁉􀁦􀀭􀁻􀁟􀁁􀁴􀁬􀁩􀀧􀀭􀀼􀀮􀀱􀀭􀀧􀁃􀀭􀀬􀁾􀀢􀀬􀀮􀀯􀀮􀂷􀀯􀀭􀁦􀀮􀁌 _. Evidence of tile damages resultini frem Dallas Area Rapid Transit's acquisition was presented in accordance with the rules ofdamages established by law. Having heard and considered the evidence, your Special Commissioners fwd that compensation should be paid by Dallas Area Rapid Transit as follows: \-" 􀀱􀀬􀀠 )wfJ.,J 􀁾􀁾􀀠fH):;lJ () b1 tqq JOO. c Co TOTAL AWARD ................... SJ'lj+J'C{􀁾􀀠 'I ) ABP Investment #III, Ltd.; A. Ben Pinnell, Jr., General Partner ........................................ $_-----A. Ben Pinnell, Jr. . .................... $,______􀁾􀁟􀀠 10sepb H. Jones, Co-Trustee ofThe Mary Coffield Trust, The Annette Coffield {rust, The Evelyn C.1ones Trust, The Beth Brandeberry Trust and The Corinne Shimer Trust ........................................ , ........... . ........................................ 􀀤􀀭􀀭􀀭􀀭􀀮􀁾􀀭􀀭􀀭 COWLES & THOMPSON 214 672 2020 P.04/06 Beth Brandeberry, Co-Trustee of The Mary Coffield Trust, The Annette Coffield Trust, The Evelyn C. Jones Trust, The Beth Brandeberry Trust and The Corinne Shimer Trust .................................................... . ....... ............................... $,------Carolyn Perkins Shimer Merritt, Co-Trustee of The Mary Coffield Trust, The Annette Coffield Trust, The Evelyn C. Jones Trust, The Beth Brandeberry Trust and The Corinne Shimer Trust ................................. .. ................................... ..... 􀀤􀀬􀀭􀁾􀀭 Samuel Thomas Perkins, Co-Trustee of The Mary Coffield Trust. The Annette Coffield Trust, The Evelyn C. Jones Trust, The Beth Brandeberry Trust and The Corinne Shimer Trust ........................................... .. ........................................ $__. -----The Sout hi andCorpora'h on.. . .. .. .. . .. $ 17../9...{)[J(),OO -' John H. KilIg .......................... $_______ Citicorp North America, Inc.........•.. $,________ $,________ TlC United Corp., d.b.a. Collier Trucking Division of TIC United Corp., as successor in interest to the assets ofCollier Trucking, Inc..•.... , .. ........................................ $ -il-􀁾􀀠 Morningstar Entertainnlent Group, Inc" a.k.a. Moming Star Entertainment ................................... , .... $ -,,-􀁾􀀭􀀺􀀺􀀻􀀮􀀠 Computer PcopleJnc................... $.________ Dexlon Corporation ................... $________ We find and order that the costs ofthese proceedings sllould be paid by Dallas Area Rapid Ti2XISit and the Town ofAddison, Petitioners. The property being acquired in these proceedings is described in the First Amended Statement in Condemnation on file with the Court. and in Exhibit nA", attached to this Repon and Award and incorpotated by reference. The property is to be used for the construction, extension, improvement or development of the transit system public transportation and mass tranSit purposes and for the construction, elctell5ion, improvement or development of of the system ofpublic streets . Commis,ione ... ' Rcpor1 and Awan!. Page 3 .RUG-13-1997 17:07 COWLES & THOMPSON 214 672 2020 P.05/06 SIGNED AND FILED with the Judge of County Court of Dallas County at Law No.4, lhis Ill'!: day of Av 􀁾􀀧􀁉􀁤􀀺􀀠 ,1997. SPECIAL COMMISSI The above Commissioners' Report and Award was filed with me, Judge ofthe County Court at Law No. 4 of Dallas County, Texas, this __day of ,1997. JUDGE, County Court at Law Nc. 4, Dallas County, TeKas. Commissioners' Report ami AWiIld· P,,&C 4 RUG-13-1997 17:07 COWLES & THOMPSON 214 672 2020 P.06/05 COMBINED lAND DESClUmON ARAPAHO 1I.0.\D/ABP 1NVES'rMi;Nl' 􀁾􀁊􀁉􀁉􀀬􀀠LTD. TRACT TOWN OF Al>DISON, COtINTY OF DAl.1AS, n:XAS C.W. FISHER SURVEY, ABSTRACT NO. 4U BEING a tr.ct or )a"d situated iA the G.W. FiSher Survey, Alnt,att No. 482., Towa of Addboa. Otllq Cowoly, Tcus and being I porlioD of & aacl or I ...d dcwibcd iA UlstlumCllt to AlII' Ja"".lIDe"t JIIlll. LId. q ,ewrdecl in Volume 82108,1'agc 2694 of the D.ed Records of Otllu COUlIly. Teus, mcl beillg mort panlcuJarlydescribcd U (ollowa; BEGINNING II a 5/8 iAch iron rod (ouod &1 !he $Outheast .oruer of said ADI' laYC$lIDcOI "III, LId. (AIIP) Itact...me bema Ihe SOlIthwe.st COI"IIer or a tract of bIId dcscribecl iA WlMllellllo Southwulem BeU Telepllooe eompIDya r.,orded iA Volllllle 86207, Page 3m of the Deed Records, PaUu Cowoly. Teus, said poim aI$o beiog OD lb. north righl-of·way IiAc of Aupaho Road; . THENCE North 89 depus 35 ...mlll.. 00 KCOods Wesl aloq the saiel southerly line of said ADI' £rad IDol lIortherly ';gbl",(,-, IiAc of Arapaho !toad a disl .... "" 0{ 430.16 feel 10 a cuI cross sel for the most _th..cstcrly corur 0{ said ADI' tract; '. THENCE North 44 de...... 31 miaulCS OS $ccoods West aloq the ,ou!hwe.stetly IiAe of said AlII' tra'" .... d Gorthcuterly right..,ro9l1lY 1iA. of Atapaho Road, dlsIlIIOC of 21.18 feet 10 • CUI crass set for a c:or1IU Oil the we.lerly liAe of said ADP trlel IDd east riPt-or.,qy w.. of Addlsoll !toad 􀀨􀁾􀀠fool wide right-of.way) as described ba deed 10 the Cil)' of Addlsoll recorded ba Voll..... 334 Page 0106 of the Deed Rccor. of Dallu Cowol)'. TClI:U; THENCE Horcb 00 cIegr... 17 millulCS 30 "ccoods 'East alcoa the IIortherly line of said AlII' traw :> r:r. ::> (f) 0: \ W I (f) t.. 􀁾􀀠 <:> \ \ \ \ \ II-.sl$ (K eEARlkGSt THE CEHTEPlII£ I'IotARIHii CK ARAPAHO ROAll lS PiR PAYING IWRO'iEHEHt PlANS 00 flU: AT THE l'(M( « AOOISOO. MCM COMPANY NATRON U.NlTEO PARTNERSHIP VOL. '9ll3e Pi... 3GJ& 􀀺􀀺􀀺􀀺􀁾􀁜􀀺􀁾􀁾􀁬􀁦􀀺􀁪􀁩􀁾􀀿􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀢􀀠 , '0:,.';':;'.'It:'::::: :,.(;it'CoHPAN·y:: :::::;::::::: 􀁾􀀠 􀂷􀀢􀀧􀁉􀁏􀀮􀀮􀀮􀁥􀀲􀁈􀀹􀁐􀁇􀀮􀁉􀁾􀁴􀀤􀀢􀂷􀀧􀂷􀀢􀀧􀂷􀀧􀂷􀀢􀀢􀀠 􀀬􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀻􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀻􀀮􀁾􀀺􀀺􀀻􀀺􀀺􀀠 􀁾􀀺􀀻􀀻􀀻􀀬􀀺􀀮􀀺􀀬􀀻􀀻􀀻􀀮􀀢􀀮􀀩􀁾􀀺􀀠 ,-::..-= L CJ ..= (!) Z I(j) X W C\ Oj\EXHmIT.0 l71tSl9,S THENCE Southwesterly along said curve to the right an arc distance of 191.20 feet to a PK nail set in asphalt paving for the point of compound curvature to the right, having a central angle of 15 degrees 55 minutes 47 seconds, a radius of 240.00 feet, and being subtended by a 66.51 foot chord bearing South 77 degrees 29 minutes 09 seconds West; THENCE Westerly along said curve to the right an arc distance of 66.73 feet to a point for reverse curvature to the left, having a central angle of 8 degrees 15 minutes 30 seconds, a radius of 260.00 feet, and being subtended by a 37.44 foot chord bearing South 81 degrees 19 minutes 18 seconds West; THENCE Westerly along said curve to the left an arc distance of 37.48 feet to an "X' cut set in concrete for the point of reverse curvature to the right, having a central angle of 8 degrees 44 minutes 10 seconds, a radius of 768.00 feet, and being subtended by a 116.99 foot chord bearing South 81 degrees 33 minutes 38 seconds West; THENCE Westerly along said curve to the right an arc distance of 117.10 feet to an "X:' cut set in concrete; THENCE North 46 degrees 30 minutes 48 seconds West a distance of 27.38 feet to the POINT OF BEGINNING; '. CONTAINING 63,247 square feet of land, mOre or less. \ \ For Huitt-Zollars, Inc. 􀁅􀁾􀀮􀁾􀁡􀁨􀁾􀀼􀀠 Registered Professional Land Surveyor Texas Registration No. 4862 Huitt-Zollars, Ine. 3131 McKinney Avenue Suite 600 Dallas, Texas 75204 (214) 871-3311 􀁃􀀺􀁜􀁐􀁬􀁯􀁴􀁏􀁊􀁾􀁬􀁬􀁔􀁬􀀺􀀡􀁏􀁬􀀧􀁩􀁬􀀵􀁜� �􀁘􀁈􀁬􀁂􀁲􀁲􀀮􀁄􀀠 IUI$J9j o ASP INVESTMENT * III. LTD • N ro '" 0 Z IU « 0:: I (f) (D «,.. w > 0:: :::J (f) 0:: W I (f) u.. ,. (!) \ BA:i!S 0; BtAR1HGSI TtE COOEPJ...IH£ IIfARIH(; Cf" ARAPm> ROAD AS P£A 􀁲􀀪􀁖􀁩􀁾􀀠􀁻􀁾􀁾􀁴􀀺 􀀦􀀮􀁾􀀠ON fiLE "'TE. fZ2Z1 COOSflUlCTlOH E4SEJE.Hf a !lEK4lf(1!'iSl \ \ \ \ ' \ 􀁾􀀠 􀁈􀁏􀁏􀂷􀁯􀁯􀂷􀁗􀀧􀁩􀁾􀁏􀁏􀁏􀀮􀁑􀁏􀂷􀀠 I\U.filffil AHD 􀁄􀁉􀁓􀁔􀁾􀀠 IRS 􀁬􀁾􀀠RtO 5£1 .. l ....., •••1.,. 'hi 11,10 ,,101,.... , .., ..., It... 4 ......, ...4. ... I ... .,t_, _H,t "" _."ltltoll 1$ 0.......1 If. UIU. lkl' 1>101 ... '"u......U••􀁾􀁉􀀠,,,,dH .r nlll 􀀮􀀬􀁉􀁾􀁉􀁕􀀠......... , •• , "n.., 1.1,11 C..:,:H: d. II ...." •• or_'"....1.... "'" ,rr••1 􀁉􀁾􀁨􀀠"'PII',. 14.4 •• f 􀁾􀁉􀁦􀁕􀀠 , • 􀁾􀀮􀀠 1 􀀻􀀺􀀺􀀡􀀺􀀡􀁾􀀺􀀧􀀮􀀺􀁾􀁲􀀮􀀠01....1 􀀮􀁾􀀢􀀠"'"'" .:' AOOISOt-l CAR CARE I VOL.S7111 PG.02&6 I'ROPERTY O'ft1llSl tf 􀁬􀁬􀀨􀁾􀁾􀀮􀀮􀁬􀁬􀁊􀁾􀀮􀁊􀀬􀀺􀁭.... 􀁟􀁾􀁾􀁾______ SlREET 􀁁􀁏􀁏􀁉􀀡􀀨􀁾􀁾􀀦􀀺􀁗􀀾􀀮􀀭______________ 􀁓􀁁􀁍􀀺􀁲􀀮􀀮􀀭􀀧􀀮􀀧􀁌􀀮􀀮􀀮􀁆􀁾􀁁􀀺􀀮􀀮􀁋� �􀁟􀀠O££O 􀁖􀁏􀁌􀁉􀁍􀀺􀀮􀁾􀁟􀁉􀀧􀁁􀁇􀀺􀁅􀁟􀀭􀀧􀀶􀀮􀀲􀀡􀀮􀁟􀁉􀁗􀀧􀁓􀁏􀁏􀀠REf.JW.L.ALl!:C 􀀮􀁳􀁷􀁯􀁉􀁙􀁉􀁓􀁉􀁾____________ IJU(. i'IO.--K!£_ lOT 􀁯􀁯􀀮􀁟􀁾􀀠 􀁃􀁏􀁬􀁩􀁐􀁕􀁔􀁦􀁄􀁾 _ CI«)JlL_ DRAW_DL£__CIll___ 􀁾􀁒􀀧􀁪􀁉􀁓􀁃􀁦􀁬􀀮􀁟􀁌􀁙􀁊􀀱􀁉􀀮􀁬􀁉􀀮􀁉􀁲􀁬􀀮__ DATE ...lP.J!EQlIIEB..9L __ .IiiiiiiiiiiO"J E"1 '0' 60 eo 'M:l.E .N!i.A. 􀁰􀁾􀁅􀁦􀁕􀀧􀁴􀁟􀁾________ 􀁐􀁾􀁅􀀮􀁌􀀠Af!W 􀁟􀁾􀁕􀀭_______􀁾􀀠 􀁆􀁅􀁅􀁟􀁾􀀮􀁵􀁌􀁟􀁾􀁔 0SDEHf____ CCtfSTA.UCTIOO EASa£HT__________ I\EMA.IIfIIEfl !!NCL. EASENC/I$l_-»..aI_____ EXHIBIT "D" EXHIBIT 'E' ARAPAHO ROAD/MCM COMPANY TRACT TOWN OF ADDISON, COUNTY OF DALLAS, TEXAS G.W. FISHER SURVEY, ABSTRACT NO. 482 BElNG a tract of land situated in the G.W. Fisher Survey, Abstract No. 4S2, Town of Addison, Dallas County, Texas and being portions of tracts of land described in instruments to MCM Company as recorded in Volume 78212, Page 3704; Volume 82179, Page 1554; Volume 82179, Page 1559; Volume 84008, Page 1944 and Volume 84133, Page 0532 of the Deed Records, Dallas County, Texas, and being more particularly described as follows: COMMENCING at a 5/8 inch iron rod found at the southwest corner of the tract of land described in said instrument recorded in Volume 84133, Page 0532 of the Deed Records of Dallas County, Texas, said point also being the southwest corner of a tract of land described in instrument to Southwestern Bell Telephone Company as recorded in Volume 86207, Page 3192 of the Deed Records, Dallas County. Texas, said point also being on the north right-of-way line of Arapaho Road, THENCE North 01 degree 47 minutes 22 seconds East along the westerly line of said Southwestern Bell Telephone Company tract and the easterly face of an existing building wall for a distance of 100.00 feet to a point for a corner, said point being the northwest ,corner of the Southwestern,)3ell tract and the POINT OF BEGINNING of this tract; '," THENCE North 01 degree 47 minutes 22 seconds East along the easterly line of said MCM Company tract and continuing along said building wall face a distance of 80.77 feet to a 1/2 inch iron rod set with "Huitt-Zollars" cap, said point being th" beginning of a non-tangent curve to the right, having a central angle of 7 degrees 26 minutes 44 seconds, a ramus of 862.00 feet, and being subtended by a 111.94 foot chord bearing North 62 degrees 37 minutes 51 seconds East; THENCE Northeasterly along said curve to the right an arc distance of 112.02 feet to the point of tangency of said curve; THENCE North 66 degrees 21 minutes 13 seconds East a distance of 459.84 feet to a 1\2 inch iron rod set with "Huitt-Zollars" cap at the point of curvature' of a curve to the right, having a central angle of 5 degrees 50 minutes 19 seconds, a radius of 942.00 feet, and being subtended by a 95.95 foot chord bearing North 69 degrees 16 minutes 23 seconds East; THENCE Northeasterly along said curve to the right an arc distance of 95.99 feet to a 1/2 inch iron rod set with "Huitt-Zollars" cap; THENCE North 36 degrees 13 minutes 52 seconds East a distance of 24.14 feet to a 1/2 inch iron rod set with "Huitt-Zollars' cap on the westerly right-of-way line of Quorum Drive (80 foot wide right-of-way) as described in instrument to the Town of Addison as recorded in Volume 82149 page 240 of the Deed Records of Dallas County, Texas; THENCE South 00 degrees 11 minutes 10 seconds East alon,g the westerly right-of-way line of Quorum Drive a distance of 133.64 feet to a 1/2 inch iron rod set with "Huitt-Zollars" cap; THENCE North 54 degrees 50 minutes 08 seconds West a distance of 23.14 fect to a 1/2 inch iron iron rod set with "Huitt-Zollars" cap at the beginning of a non-tangent curve to the left, having a central angle of 3 degrees 29 minutes 00 seconds, a radius of 84S.00 feet, and being subtended by a 51.55 foot chord bearing South 68 degrees 05 minutes 43 seconds West; THENCE Southwesterly along said curve to the left an arc distance of 51.55 feet to a 1/2 inch iron rod set with "Huitt-Zollars" cap ,at the point of tangency of said curve; t'i:\PROJlOll'77Z0I\Oj\EXHmIT.E 1'2115195 THENCE South 66 degrees 21 minutes 13 seconds West a distance of 60.80 feet to a 1/2 inch iron rod set with "Huitt-Zollars" cap at the point of curvature of a curve to the right, having a central angle of 11 degrees 28 minutes 42 seconds, a radius of260.oo feet, and being subtended by a 52.00 foot chord bearing South 72 degrees 05 minutes 34 seconds West; THENCE Southwesterly along said curve to the right, an arc distance of 5209 feet to a 1/2 inch iron rod set with "Huitt-Zollars" cap atthe point of reverse curvature of a curve to the left, having a central angle of 11 degrees 28 minutes 42 seconds, a radius of 240.00 feet, and being subtended by a 48.00 foot chord bearing South 72 degrees 05 minutes 34 seconds West; THENCE Soutbwesterly along said curve to the left an arc distance of 48.08 feet to a 1/2 inch iron rod set with "Huitt-Zollars" cap at the point of tangency of said curve; THENCE South 66 degrees 21 minutes 13 seconds West a distance of 299.54 feet to a 1/2 inch iron rod set with "Huitt-Zollars" cap at the point of curvature of a curve to the left, having a central angle of 8 degrees 42 minutes 30 seconds, a radius of 778.00 feet, and being subtended by a 118.13 foot chord bearing South 61 degrees 59 minutes 58 seconds West; THENCE Southwesterly along said curve to the left an arc distance of 􀀱􀁬􀀸􀀮􀀲􀀵􀁩􀁾􀁴􀀠to a 1/2 inch iron rod set with "Huitt-Zollars" cap on the north line of said-Southwestern Bell Telephone eoo:.pany tract; THENCE North 89 degrees 36 minutes 43 seconds West along the north line of said Southwestern Bell Telephone Company tra{t a distance of 31.32 feet to the POINT OF BEGINNING; CONTAINING 59,554 square feet of land, more or less. For Huitt-Zollars Inc. 􀀼􀀭􀁾􀀠􀁾􀀢􀁑􀀻􀁊􀀢􀀢􀀢􀀭􀀭 􀁜􀁤􀀲􀀮􀀮􀁾􀁨􀀩 Eric J. aho y Registered Professional Land Surveyor Texas Registration No. 4862 Huitt-Zollars Inc. 3131 Mckinney Ave. Suite 600 Dallas, Texas 75204 (214) 871-3311 G\IJ'ROJ'.QI ! 11201'JlS\EI(HlBff,E lVI!Si'9j EXHIBIT 'F' ARAPAHO ROAD/ABP INVESTMENT #III, LTD. TRACT TOWN OF ADDISON, COUNTY OF DALLAS, TEXAS G.W. FISHER SURVEY, ABSTRACT NO. 482 BEING a tract of land situated in the G.W. Fisher Survey, Abstract No. 482, Town of Addison, Dallas County, Texas and being a portion of a tract of land described in instrument to ABP Investment #III, Ltd. as recorded in Volume 82108, Page 2694 of the Deed Records of Dallas County, Texas, and being more particularly described as follows: BEGINNING at a 5/8 incb iron rod found at tbe soutbeast corner of said ABP Investment #Ill, Ltd. (ABP) tract, same being tbe soutbwest corner of a tract of land described in instrument to Southwestern Bell Telephone Company as recorded in Volume 86207, Page 3192 of the Deed Records, Dallas County, Texas, said point also being on the north right-of-way line of Arapaho Road; THENCE North 89 degrees 35 minutes 00 seconds West along the said southerly line of said ABP tract and northerly right-of-way line of Arapaho Road a distance of 430.16 feet to an ''x'' cut in concrete set for the most southwesterly corner of said ABP tract; THENCE North 44 degrees 31 minutes 05 seconds West along the south"';';sterly line of said ABP tract and northeasterly right-of-way line of Arapaho Road a distance of 21.18 feet to an "X-cut in concrete set for a corner on the westerly line of said ASP tract and east right-of-way line of Addison Road (60 foot wide right-of-way) as described in deed to the City of Addison recorded in Volume 334 Page 0106 of the Deed Records of Dallas County, Texas; ) " THENCE North 00 degrees 17 minutes 50 seconds East along the westerly line of said ASP tract and easterly right of way line of Addison Road a distance of 27.66 feet to an "X' cut set in concrete; THENCE South 46 degrees 30 minutes 48 seconds East a distance of 27.38 feetto an "X' ent set in concrete, said point being the beginning of a non-tangent curve to the left, having a central angle of 8 degrees 44 minutes 10 seconds, a radius of 768.00 feet, and being subtended by a 116.99 foot chord bearing North 81 degrees 33 minutes 38 seconds East; , THENCE Easterly along said curve to the left an arc distance of 117.10 feet to an "X' cut set in concrete at the point for reverse curvature of a curve to the right, having a :central angle of 8 degrees 15 minutes 30 seconds, a radius of 260.00 feet, and being subtended by a 37.44 foot chord bearing North 81 degrees 19 minutes 18 seconds East; THENCE Easterly along said curve to the right an arc distance of 37.48 feet to a point for reverse curvature of a curve to the left, having a central angle of 15 degrees 55 minutes 47 seconds, a radius of 240.00 feet, and being subtended by a 66.51 foot chord bearing North 77 degrees 29 minutes 09 seconds East; THENCE Northeasterly along said curve to the left an arc distance of 66.73 feet to a PK nail set in asphalt paving at the point for compound curvature to the left, having a central angle of 14 degrees 04 minutes 51 seconds, a radius of778.00 feet, and being subtended by a 190.72 foot chord bearing North 62 degrees 28 minutes 50 seconds East; THENCE Northeasterly along said curve to the left an arc distance of 191.20 feet to a point for reVerse curvature of a curve to the right, having a central angle of 3 degrees 28 minutes 05 seconds, a radius of 862.00 feet, and being subtended by a 52.17 foot chord bearing North Sl degrees 10 minutes 27 seconds East; THENCE Northeasterly along said curve to the right an arc distance of 52.18 feet to a 1/2 inch iron rod found with "Huitt -Zollars". cap on the easterly line of said ABP tract and easterly face of an existing building wall; OM'RQl'Oll'mOl \05\EXHfBrr.F 􀀱􀁾􀁉􀀮􀀱􀁴􀀹􀁪􀀠 ·-,r THENCE South 01 degrees 47 minutes 22 seconds West along the easterly line of said ABP tract and easterly face of said building wall a distance of 180.77 feet to the POINT OF BEGINNlNG; CONTAINING 33,591 square feet of land, more or less. '. . :.. \ For Huitt-Zollars Inc. 􀁦􀁊􀁾􀁾􀀯􀀠􀁜􀀲􀀮􀁬􀁌􀁾􀁨􀁊􀀠 Registered Professional Land Surveyor Texas Registration No. 4862 Huitt-Zollars Inc. 3131 Mckinney Ave. Suite 600 Dallas, Texas 75204 (214) 871-3311 G:\PROJ\OII7720I\Or®CHIBIT.F 12115195 LEGEND I'm 􀁆􀁾􀁎􀁔 £ASal£HT 8Z21 CO«STAlXTIt»f WEIOT a"'"'''''' NOO-OO·OO·V-OOO.OO· 9E'ARIHG 00 OISTAUCe" IRS IR(.H AOO .$ET PROPERTY DATA PAOP£R'N QWERtS} Of' REC(NI(L __􀁾􀁾______________ SIJlEEJ AIXlIIf'GS______________________ 􀁾􀁙􀁊􀁊􀀮􀁓􀁴􀂣􀁬􀁉􀀮􀀮􀀮􀁊􀀽􀁪􀁥􀁺􀀮􀀮􀁾􀀠0EE!i 􀁾􀁖􀁬􀂣􀀮􀁟􀁾􀁟􀀠􀁰􀁾􀁃􀂣􀁾􀀠___ /WISCO Aff...QAU..6.S....1.!:.C 􀁓􀁴􀁊􀁬􀁉􀀩􀀡􀀧􀁩􀁉􀁓􀁬􀁾􀀠__􀁾_________ 􀁦􀁉􀁬􀀡􀁴􀀮􀁉􀀧􀁩􀁏􀀮􀁾􀁟􀀡􀀮􀀬􀁏􀁦􀀠HO._fI:IIE.!IjiiiiiiiOI E5 I) 􀁾􀀠tOO 􀁬􀁾􀀠 zoo S¢J.I.t HI ntl AREA SUMMARY 'o11OL£ -""􀁾􀀠 􀁐􀁒􀁏􀁦􀀧􀁅􀁊􀁬􀁔􀁙􀁟􀁾􀀠__􀁾􀁾􀁾_____ PARCEL «AS ____________ fEE _____PE.RMJ.NEIfT (4.SEM£Ht __􀁾􀁟􀀠 tooS1RUCT!a< EASDeIT__________ fl£)I:AllRR tlHtl.. (ASD!EKTS! ______􀁾􀁾􀀠 DART PROJECT DALLAS AREA RAPID TRANSIT ...,--_.. _,_'M""",' ADDISON TRANSIT CENTER EXHIBIT INDEX MAP SHEET Of 4 IMI. UO. "" · , SCHEDULE OF LEGAL FEES INDIVIDUAL TITLE HOURLYRATE Paul D. Jones Chief Counsel, Real Estate! Environmental Law Division $75.00 David Schulze Assistant General Counsel $50.00 Frances Wilson ParaLegal $25.00 Exhibit "H" SENT l!Y: 8-21-97 3:10PM DART Legal 􀁄􀁥􀁰􀁴􀁾􀀠 972 450 2837;# 1f12 Legal Department Pacsimtle Message Caver Sll«t 1401 Pacific 􀁁􀁶􀁥􀁮􀁵􀁾􀀠 Post Office Box 660163 Diillas, Texas 75265-7255 T'Fax (214) 749-3660 Sending 􀁬􀁾􀁧􀁥􀀨􀀸􀀩􀀬 mduding this cover 8heet. Ifany part of this trall$mission Is miSblnK or poorly received, please (."Qntact the sender, DATE August 21, 1997 IMMEDIATELY UPON RECEIPT, PU!ASE DELIVER TO: John BaUDllllrtner TllLEPHONE NUMBER: T'FAX NUMBER: 972-4S0-2837 MESSAGE: DART and Addison v. ASP Investment #II1, Ltd., et III The lDformatton I"ODtalDOO to !hi. fa\:Simil. message may be k>galJy prlVlleeed lUld rnnlidrnllallUld is intended 0JIIy for the u.... of 􀁴􀁨􀁾􀀠iDdlVlduai or entity namt'd above. If the 􀁾􀁴􀁥􀁬􀁶􀁣􀁲􀀠01 this .....􀁾 is Dot the ig. u. at tht above .dd.... via the IJ. S. P""tnl $eMC<'. Your cooper.tlnn Is appll!Clat.d. 1b:mk >""1. FROM: David Schulze Assistant General Counsel Real Estate/EnVirollmental Law SENDER TElfPHONE NUMBER: (214)749-3176 SENT BY: 8-21-37 3:11PM DART Legal 􀁄􀁥􀁰􀁴􀁾􀀠 372 450 2837;# 2/12 Dallas A..a RQpid Transit P.O. Box 􀀶􀀶􀀰􀀱􀁾􀀳􀀠 OftIce ollhct GeII""" Coul1IIIIl DollO!l.leXQS 75266-0163 214/149-32711 Rol.1I1I C ..􀁴􀁯􀁾􀁯􀁤􀁡􀀠 Ge""",1 CO"" .., AI;"'''ant Ge""'al Coon••1 JQrely. AIIIudcle BiB. BeVo :"..e,.Q Josepb H. Jones, Co·Trustee ofThe Mary Coffield Trust, The Annette Coffield Trust, The Evelyn C. Jones TIUSt, The Beth Brandebeny Trust and The Corinne Shimer Tmst did noup,earI appeared ;1 (' .1 . .J", < '.IIlI 75201 MiclIael M. Barron, ESIj. Barron. Adler, Anderson &; Pol£cl, LLP. 808 Nueces Sum Austill, Texas 78701 Ms. E1il.llbclh Wmsluw TIC United COl]). 464S North Central E..prossway 􀁾􀀮 Texas 75205 Mr. BriBll Mitchell Computer People Inc. 41101 AllIIJIIho Road Dallas, T"""" 78248 Mr. KeJmeIh C. Dippel Cowles &; Thompson 4000 NCNB Plaza 901 Main Street 􀁾􀀬 Texas 75202 · 􀁾􀁏􀁏􀀠BY: 6-21-37 3:14PM DART Legal 􀁄􀁥􀁰􀁴􀁾􀀠 372 450 2637;#11/12 Cause No. CC-97-0035Z-D DALLAS AREA RAPID TRANSIT and § Condemnation Proceeding TOWN OF ADDISON § Petitioners, § § filed with the ludge of v. § § the County Court at Law No.4 ABP Investment #lII, Ltd., et al, § Defendants. § Dallas County, Texas ORDER GRANTING WlUT OF POSSESSION Having reviewed the Notice ofDeposit that was filed with this Court on August ZI, 1997, and being fully aware and advised ofthe cir<.:umstances and premises in this cause, the Court finds that Dallas Area Rapid Transit and Town ofAddison, Petitioners, have deposited into the registry ofthe Court, subject to the order ofDefendants, the sum of Two Million Eight Hundred Ninety Nine 'ThouS8lld Five Hundred Dollars ($2,899,500.00), being the full amount ofmoney awarded by the Special Commissioners as compensation for the property being taken and damages, if any. It is tberefure: ORDERED, ADJlIDGED AND DECREED that, in compliance with the Texas Property Code, Petitioners are entitled to take immediate possession ofthe property that is the subject of tbis proceeding. The property is more fully descn'bed in Petitioners' First Amended Statement in Condemnation on file in this cause, and in Exhibit A, attached to tbis Order and incorporated by reference. The Clerk is hereby ordered to issue such writs as may be necessary to enf(l!'ce this order. JUDGE PRESIDING QIlDER GRANllNO WlUT OF POSlIF,SSlON • Solo P&gc , SEiIIT BY: 8-21-97 ; 3:15PM DART legal 􀁄􀁥􀁰􀁴􀁾􀀠 972 450 2837;#12/12 COMBlNED 1.\lIID DESCRlmOH UAPAHO ROAD/AllP lNWS'l"MiNT 11'111, LTD. TRACT TOWN or ADDISON, COUNl'Y OF DAllAS. 1EJUS C.W. FISHEll SlJIlVEY, AlJ5'l'RACT NO. 4IZ BEING a tract of Iud sillwed ill !lui O.W. F..Surny, AbsIrm No. 482, T_of AddiloII, DiIIIs ColllllY. Tcsu lUld beiDg a portio" or • tract of Iud dRcribed iD imuumeatlo ADP lllve.sbrleat I'm, LId. u monIc4 ill Volume 81108, P.1694or the Dec4 Records of Dallu ColllllY. T-.andbeiD81110rc 􀁬􀀧􀁡􀁴􀁴􀁩􀁾􀀱􀁹 IIcIcribe4 u I'ollowl: . BEGINNING at I 5/8 iIIda irOIi rod I'oIIIId It the aouIheut COI'IICI' of laid AlP 􀁾􀁥􀁬􀁬􀁬 #UI, Ltd. (ASP) tr.ct. _e􀁢􀁥􀁩􀁄􀁳􀀡􀁬􀁵􀁬􀁾_ of IlfICIof luddcscribed ill ialtnlalClit10 South_em BeUTclcpboDe COIIII'IIIJ as rccor4e4 ill 􀁖􀁾􀁥 8!12117. Pap 3191 of !lui Deed Records, DaIlu CoImIJ. Tau. Aid poiDt aIao belDs 011 tile aonII tipI-of-.., liae of Ar.palIo Road; i THENCE North 89 dcpea lS IlIiIlulea CO HCOW West ..., the laid IIOlIlIIctly liae of Aid ASP Ifact .u oonbctly ript-of-way liae of Arapallo P.oad I dilllllCC of 430.16 reet to • CU! cruss HI l\:w the most &""tbwulerly eotlUll' ofllid AlP tn.cCl " THENCE North 44 degccs 31 millulea OS Heoads Welt aiolllthe lOUIIIweaIerl)' \iae of $Ill! ASP IlICI .u IIOfIIIMIIcrly risht-of-way \iae of Arapallo Road • diat_ of 21.18 feet 10 • cut Q'OIIICC for a _ OIl thc westerly li.ae of IIid ASP If&Cl I11III 11M risJlt.of-way liae of AddIsoa Road (fiG root wide riI/It-of.way) IS desen'bed iD deed to thc City of AdcIi&oa remrdecl ill Volume 334 Pap 0106 of thc Deed Records of DaIIu CoUIIIY, T_. . THENCE North 00 depeeal1l13iDutu SO --sa Eut Il10111 !lui waterly _ of Aid ASP Imlllllll cuterI)' ri&bt of _y li.ac of AcIdiIoa P.oad a diRucc of 1l2.35 feId to • lIZ iDdI irVZl Jo4 Rl witlI "H1litt·ZIlIIaq' (t 􀁳􀁾􀀠 . The Southland Corporation did Il:6t Elflpear I appeared b1 () tJ,."s 􀁾􀀠 John H. King die Ret ElflPsar I appeared 61 CD..J y'\ :\:f' 􀁾􀀠 Citicorp North America, Inc. did not appear .􀁉.􀀮.􀁡􀀬􀁅􀁬􀁦􀁬􀁐􀁬􀁰􀁾􀀸􀁉􀁡􀁡􀁲􀁐􀁬􀁥􀀺􀁡􀁤􀀭􀀽􀀭________, TIC United Corp., d.b.a. Collier Trucking Division of TIC United Corp., as successor in interest to the assets of Collier Trucking, Inc. did not appear I Ql"peareEi Morningstar Entertainment Group, Inc., a.k.a. Morning Star Entertainment did not appear I & John H. King die !let 6r¥ Shimer Merritt, Co-Trustee orThe Mary Coffield Trost, The Annette Coffield Trust, The Evelyn C. Jones Trust, The Beth Brandeberry Trust and The Corinne Shimer Trost ................................... . ....................... ................. 􀀤􀁾􀀭􀀭􀀭􀀭􀀭 Samuel Thomas Perkins, Co· Trustee ofThe Mary Coffield Trust, The Annette Coffield Trust, The Evelyn C. Jones Trust, The Beth Brandeberry Trust and The Corinne Shimer Trost .................................... , ...... .. ........................................ $------The Southland Corporation ............ $ John H. King .......................... $_______ Citicorp North America, Inc ............ $________ TlC United Corp., d.b.a. Collier Trucking Division ofTIC United Corp., as successor in interest to the assets of Collier Trucking, Inc......... . .. .. . .. . .. .. .. .. .. . .. • .. . • .. .. • .. .. .. . .. $ -() -J..J"",= Morningstar Entertainment Group, loc., a.k.a. Morning Star Entertainmeot ............................... ... , ..... $ -<:!-􀁾􀀮􀀮􀀢􀀮􀀠 Computer People Inc................... $________ Dexton Corporation ................... $.________ We find and order that tne costs of these proceedings should be paid by Dallas Area Rapid Transit and the Town ofAddison, Petitioners. The property being acquired in these proceedings is described in the First Amended Statement in Condemnation on file with the Court, and in Exhibit "A", attached to this Report and Award and incorporated by reference. The property is to be used for the construction, extension, improvement or dcvelopment of the transit system public transportation and mass transit purposes and for the construction, extension, improvement or development of the system ofpublic streets . Commissioners' Report and Aw.ud .. Page:; AUG-13-1997 17:07 COWLES & THOMPSON 214 672 2020 P.0S/06 SIGNED AND FILED with the Judge of County Court of Dallas County al Law No.4. this 􀁉􀁚􀀮􀁾􀀠 day of fk 􀁾􀀬􀁊􀀼􀀭􀀬􀀫􀀭 .1997. -:!1lMAL 􀀱􀀲􀁾􀀠 (I 􀀬􀁬􀁪􀁢􀀧􀁖􀀯􀁊􀁕􀁾􀀩􀁾􀀠􀁾􀀱􀁬􀀬􀀠􀀨􀁻􀁌􀀭􀁾􀀭 The above Commissioners' Report and Award was filed with me, Judge of the County Courl at Law No.4 of Dallas County, Texas, this __day of______􀁾􀀬􀀮􀀠1997. JUDGE, County Court at Law No.4, Dallas COUllty, Texas. Commissioners' Report. and Aw;ud 􀁾􀀠Page 4 RUG-13-1997 17:07 COWLES 8. THOMPSON 214 672 2020 P.06/06 COMBtNED lJt.ND DESCRIPTION ARAPAHO ROAD/ABP INVESTMENT !\fill, LTO.lRACT TOWN OF ADDISON, COUNlY or DA.l.U.S, TEXAS C.W. FISHER SURVEY, ABSTRACT NO. om BEING a trlct of I ...d ,ituated in the G.W. Fl.1Iber Survey, 􀁁􀁢􀁾􀁴􀁲􀁡􀁣􀁴􀀠No. 482, lO....1I of Addison, Dall>.\ COUllty Teus and being a portion of • tract of Imd dC$Clibed in Uutrunlent to ASP Jovt.llDent "Ill, Ud. >.\ recordeJ in Volume 8210l!, Page 2.694 of the Deed Retords of O..u.. County, TeUl, ud being 1110,. pa1licubrlyde.sc.ribed .. [oUoW\\; • BEGINNING at .5/8 inch iron rod found at the southe",t eorner of said Al3P Investment "m, Ud. (ASP) trael, .lW1e being the southWelt coroer of. tract of liUld de:;cribed in irulrumenl to SouthweSlel1l BtU Telepbol1e Company as recorded in Volume 86207, PlSe 3192 of the Deed &e",,'ds, Dallas COUl)ty, TeJW, said jlQint also bewg on the north right·or.way line ot Arapaho Road; . THENCE North 89 degrus 3S lIIinut... 00 seconds W ... t along the said southerly line of said ASP tract &lid northerly rigbt·o/.way line of Arapaho Road" distu!<1[ .... )''''''''-cu'...... 􀁾􀀠 􀁾􀁍􀁉􀀧􀀬􀀠 􀁾..... 􀁾􀁉􀀡􀁉􀁏􀁉􀀠 t; ..... 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".,.,. ?, ',')<, i \:'). 􀁾􀀺􀀠 1i!1I11" 1111' n,1111,1,,1.1,,1 ,1,,111 11 ,' l ALIGNMENT STUDY REPORT 1 FOR l PROPOSED ARAPAHO ROAD EXTENSION Prepared .for the I TOWN OF ADDISON j I I ADDIsoN j Prepared By J HNTB Corporation 1 GBW Engineers, Inc. Jack Hatchell &Associates I JANUARY 1999 j \ 􀁐􀁾􀁐􀁋􀁉􀁎􀁇􀀠 \ CHARTER • I \ : FURNITURE 􀁐􀁾􀁒􀁋􀁉􀁎􀁃􀀠 D ."====....:::::.=:-=-::::::_-_=::J I 􀁉􀁾􀁾􀂷􀂷􀂷􀂷􀂷􀂷􀂷􀂷􀂷􀂷􀀭􀀭􀁣􀀠 r N CONCEPTUAL ALIGNMENT STUDIES ARAPAHO ROAD EXTENSION MIDWAY AT ARAPAHO -AT 􀁾􀁁􀁄􀁅􀀠IHTERSECTlQrll TOWN OF ADDISON. TEXAS 􀁉􀀽􀁩􀁾􀁩􀁩􀀽􀁪􀁾􀁾􀀭 -... ."".. IiI. 251'68 1 O'f 1 􀁾􀁌􀀭___________________________________________________________ _􀁾􀁾􀁾􀁾__􀁾􀁾􀁾􀀠 ALIGNMENT STUDY REPORT ARAPAHO ROAD EXTENSION for the TOWN OF ADDISON Prepared by: HNTB Corporation GBW Engineers, Inc. Jack Hatchell & Associates January, 1999 Table ofContents Alignment Study Report Arapaho Road Extension EXECUTIVE SUMMARY 4 1 INTRODUCTION 8 2 ALTERNATIVE ALIGNMENTS 9 2.1 Centurion Way Alignment 9 2.2 Divided Roadway Alignment 10 2.3 DART Railroad Alignment 10 2.4 Traffic Analysis 11 2.4.1 Projected Traffic Volumes 2.4.2 Evaluation ofTraffic Volumes 2.5 Options Studied for DART Railroad Alignment 13 2.5.1 Option 1 -Overpass at Midway Road with EntrylExit Ramps on the North Side ofProposed Arapaho Road 2.5.2 Option 2 -Underpass at Midway Road with EntrylExit Ramps on the North Side ofProposed Arapaho Road 2.5.3 Option 3-Overpass at Midway Road Without Ramps 2.5.4 Option 4 -Underpass at Midway Road Without Ramps 2.5.5 Option 5 -Overpass Without Ramps, No Taking ofCharter Furniture Warehouse 2.5.6 Option 6 -Underpass Without Ramps, No Taking of Charter Furniture Warehouse 2.6 Evaluation ofDART Railroad Alignment Options 14 3 TECHNICALLY PREFERRED ALTERNATIVE 17 3.1 Coordination Issues 17 3.1.1 DWUEasement 3.1.2 Railroad Crossing 3.1.3 Realty Road Section 3.1.4 Construction Sequencing 3.1.5 Overpass Aesthetics 3.1.6 Right-of-way and Building Acquisition 3.2 Project Phasing 18 3.2.1 Phase 1 -Marsh Lane to Surveyor Boulevard 3.2.2 Phase 2 -Surveyor Boulevard to Addison Road 3.3 Cost Estimates 19 98-094 2 Februa!}' 1999 Table o,(Contents (cont'd) LIST OF EXHIBITS Exhibit A ExhibitB ExhibitC ExhibitD ExhibitE ExhibitF Centurion Way Alignment Divided Roadway Alignment DART Railroad Alignment Enhanced Photograph -Midway Overpass Technically Preferred Alignment (map pocket) Right-of-way Strip Map (map pocket) 98-094 3 Februazy 1999 Executive Summary In February of 1998, the Town of Addison retained a team of consultants, lead by HNTB Corporation, to study anextension ofArapaho Road as a four lane roadway from Addison Road west to Marsh Lane. The purpose of the Arapaho Road extension is to relieve traffic congestion on roadways in the project vicinity, particularly on Belt Line Road, the primary east-west thoroughfare. The project team conducted a traffic study which showed that an Arapaho Road extension would reduce traffic volumes on Belt Line Road and Midway Road. The traffic study also indicated that the section ofArapaho Road east ofMidway Road should be constructed as a four-lane divided facility based on projected traffic volumes. West ofMidway Road, Arapaho Road can be constructed as a four-lane undivided roadway ifno entry or exit ramps are installed. The proposed extension, which is approximately 7,800 feet in length, includes intersections at Addison Road, Midway Road, Surveyor Boulevard, Commerce Street and Marsh Lane. Presently, the section ofArapaho Road from just west ofthe North Dallas Tollway to Addison Road is under construction. From Addison Road to Marsh Lane, the project corridor must fit between Belt Line Road to the south and the Dallas Area Rapid Transit (DART) owned railroad to the north. At the east end, the roadway must be a continuation of the portion of Arapaho Road which is presently under construction, and at the west end it must align with existing Realty Road on the Farmers Branch side ofMarsh Lane. Within this corridor, the project team analyzed the following three general alignments for the Arapaho Road extension. • Centurion Way alignment • Divided Roadway alignment • DART Railroad alignment Exhibits A, B and C within Section 2 ofthe report show these alignments. Due to the constraints presented by the intersections at either end ofthe project, an electrical substation on the west side ofSurveyor Boulevard, existing buildings in the project corridor and the DART railroad, there is no viable alternative to the alignment sections east ofMidway Road and west ofSurveyor Boulevard. Althoughthe Centurion Way alignment benefits from the use ofan existing right-of-way, it requires the purchase ofthe Charter Furnitore property. In addition, at the west end ofCenturion Way where the street turns 90 degrees to the south and becomes Runyon Road, this alignment divides the Mini Warehouse facility in two and requires the removal ofa significant portion ofthe buildings on that property. 98-094 4 February 1999 Executive Summary (cont'd) The divided roadway alignment requires the purchase ofCharter Furniture and a smaller portion of the Mini Warehouse property than the Centurion Way alignment. This alignment also results in less convenient access for vehicles entering or exiting the buildings along Centurion Way, which currently carries two-way traffic. If, as part of this alignment, an underpass or overpass were constructed at Midway Road, access to the buildings closest to Midway would be severely impacted. The DART railroad alignment allows Centurion Way to remain in place as a service road for the adjacent buildings. Furthermore, no purchase ofthe Charter Furniture building is required, and ouly a comer ofthe Mini Warehouse property is impacted. Given the potential access and cost benefits associated with the DART railroad alignment, a more in-depth evaluation of its viability was conducted. The analysis ofthe DART railroad alignment primarily focuses on the intersection at Midway Road. Southbound traffic queues currently extend on Midway Road from Belt Line Road to north ofthe DART railroad during much of the day. Consequently, an at-grade crossing of Arapaho Road at Midway Road may not be feasible without providing dual-coordination ofthe traffic signals along Midway and Belt Line Roads. The grade separated options, with or without ramps, all reduce traffic on Belt Line and Midway Roads with one exception. Ifentry/exit ramps are included at Midway Road on the south side of Arapaho Road, then traffic on Midway Road is increased between proposed Arapaho Road and Belt Line Road. As a result, the following six horizontal and vertical alignment options at the Midway Road intersection were evaluated. • Option 1 -Overpass at Midway Road with EntryfExit Ramps on the North Side ofProposed Arapaho Road • Option 2 -Underpass at Midway Road with EntryfExit Ramps on the North Side of Proposed Arapaho Road • Option 3 -Overpass at Midway Road Without Ramps (similar alignment to Option 2) • Option 4 -Underpass at Midway Road Without Ramps (similar alignment to Option 2) • Option 5 Overpass Without Ramps, No Taking ofCharter Furniture Warehouse • Option 6 -Underpass Without Ramps, No Taking of Charter Furniture Warehouse Due to extensive utility relocations in a tight construction corridor, the viability of Option 6 is questionable at this point. Ifthe Town wanted to pursue this option, further coordination would be necessary with DART and DWU prior to developing an Opinion ofProbable Cost. Three overpass and three underpass options were evaluated, and in each case the corresponding underpass option was more expensive. An underpass may be more visually appealing than an overpass, however, the narrowing ofMidway Road to facilitate construction would increase traffic delays during the 12 months of construction. Given the increased project cost and the impact on 98-094 5 February 1999 Executive Summary (cont'd) Midway Road traffic during construction associated with the underpass options, an overpass is preferred. Overpass Option 1 requires the purchase ofthe Charter Furniture and MNBA buildings in order to make the entry ramp onto Arapaho Road safe at the merge point. Overpass Option 3, like Option 5, has no ramps, however, it would require the purchase ofthe Charter Furniture building. Ofthe three overpass options, Option 5 is the only one which does not require the purchase ofeither the Charter Furniture or MNBA buildings. Option 5 places the edge ofthe overpass structure 10 feet from the MNBA building and 15 feet from the Charter Furniture building, with a two-and-a-half-foot sidewalk for emergency access on both sides ofthe overpass. In addition, it would require DWU of accept 20 feet for maintenance oftheir 60-inch water line. Given the escalating cost of real estate and the traffic impacts, neither the additional construction area associated with Option 3 nor the ramps associated with Option 1 appear to justif.Y the required property purchases. Therefore, it is our recommendation that Option 5, an overpass without ramps at Midway Road and no building takes at this location, be selected as the Technically Preferred Alternative. The following issues will need to resolved to facilitate construction ofthe Technically Preferred Aligmnent. • Use the southem 10 feet of a 30-foot DWU easement which is contiguous with the DART railroad right-of-way and contains a 6O-inch transmission main. • Gain permission from Union Pacific to cross the railroad wye spur. • Design construction sequencing plans for the affected intersections at Addison Road, Midway Road, Surveyor Boulevard, Commerce Street and Marsh Lane. • Consider measures to improve the aesthetics ofthe Midway Road overpass in order to integrate the structure with the neighborhood. • Evaluate extending the column supports from Midway Road to the west end ofthe MNBA building in order to maintain visibility ofCharter Furniture for southbound motorists on Midway Road and to fil.cilitate covered parking under the roadway deck for both properties. • Proceed with the acquisition ofright-of-way and the property remainders which are deemed unusable. The Town ofAddison may wish to consider phasing the construction ofthe Technically Preferred Aligmnent. This section describes two separate phases of construction. • Phase 1 -Marsh Lane to Surveyor Boulevard The expansion ofexisting Realty Road east ofMarsh Lane and the extension ofRealty Road 98-094 6 February 1999 Executive Summary (cont'd) from the 90· bend at Commerce Street east to Surveyor Boulevard could be constructed separately from the balance ofthe project. This would provide a direct four-lane connection from Marsh Lane to Surveyor Boulevard for east-and west-bound traffic: Realty Road would be widened from a 41-foot wide two-lane roadway to a 45-foot four lane undivided roadway within its existing limits. The estimated construction cost for this phase. including right-ofway. is $ 4,093,344.00. • Phase 2 -Surveyor Boulevard to Addison Road The overpass at Midway Road dictates that the roadway be constructed from Addison Road to Surveyor Boulevard as one phase. This is by far the most costly and time-consuming phase to complete. It includes coordination with Union Pacific to obtain a crossing of the wye spur and Dallas Water Utilities to obtain use of 10 feet oftheir 30-foot easement. The estimated construction cost for this phase, including right-of-way, is $ 13,098,120.00. The combined estimated constructibn cost for the Arapaho Road extension, including both phases, is $ 17,191,464.00. 98-094 7 Februaty 1999 Section 2 Alternative Alignments From Addison Road to Marsh Lane, the project corridor must fit between Belt Line Road to the south and the Dallas Area Rapid Transit (DARn owned railroad to the north. At the east end, the roadway must be a continuation of the portion of Arapaho Road which is presently under construction, and atthe westend itmust align with existing Realty Road on the Fanners Branch side ofMarsh Lane. Within this corridor, the project team analyzed three general alignments for the Arapaho Road extension. 2.1 Centurion Way Alipment The Centurion Way alignment, which had been identified at a conceptual level in a previous study, makes two at-grade crossings of a Union Pacific railroad wye spur just west of Addison Road. It then extends easterly between the DART railroad on the north side and several buildings on the south side, including lceoplex, Motel 6, Homewood Suites and Super 6. After this alignment crosses Midway Road, it angles toward the southeast as it passes through the Charter Furniture Building before bending back to the east along the existing Centurion Way right-of-way. At the end ofCenturion Way, this alignment passes through a Mini Warehouse facility on the east side ofSurveyor Boulevard. On the west side of Surveyor Boulevard, it passes through a light commercial building before crossing a concrete lined channel behind Addison Bank and an open field east of Realty Road. The alignment then follows Realty Road to the Marsh Lane intersection. (See Exhibit A). Due to the constraints presented bythe intersections at either endofthe project, an electrical substation on the west side ofSurveyor Boulevard, existing buildings inthe project corridor and the DART railroad, there are very few viable alternatives to the alignment sections east ofMidway Road and west ofSurveyor Boulevard. Between Midway Road and Surveyor Boulevard, this alignment uses the existing 60-foot wide Centurion Way right-of-way which currently contains a 41-foot wide pavement section measured from the back of curb. Although this alignment benefits from the use of an existing right-of-way, it requires the purchase of the Charter Furniture property. In addition, at the west end ofCenturion Way where the street turns 90 degrees to the south and becomes Runyon Road, this alignment divides theMini Warehouse facility in two and requires the removal ofa significant portion ofthe buildings on this property. Both the north and south sides of Centurion Way are fully developed with building and parking improvements which extend out close to the existing right-of-way. The narrowest portion of this alignment is between the.MNBA building on the north side and the ATC building on the south side where only 103 feet exists between these two buildings. There is not room for a four-lane divided roadway between these buildings. 98·094 9 February 1999 1 I II rings Rd ] 􀁉􀁾􀀠 0 \-:ii -----Midcourl Rd £jell line Rd 􀁂􀀮􀁪􀁜􀁷􀁯􀁾􀀠Or " 1 '">:""2 ::1l, cl: PROPOSED ARAPAHO ROAD EXTENSION ARAPAHO ROAD PHASE I ( UNDER CONSTRUCTION ) \ 'i' I \ 􀁾􀁉􀁔􀁮􀁧􀁬􀁯􀁮􀁤􀀠Rd li;, 􀁾􀀠 "";, 'S t; PROPOSED ARAPAHO ROAD EXTENSION EXHIBIT 'A' CENTURION WAY ALIGNMENT Alternative Alignments (cont'd) The minimum pavement width for a four lane divided roadway is 45 feet measured to the back of curb. The extra four feet of pavement widening would add to the impact on the businesses along Centurion Way which would have to gain access to and from a much busier thoroughfare. 2.2 Divided Roadway AIi&nmcut The divided roadway varies significantly from the Centurion Way alignment between Midway Road and Surveyor Boulevard. With this alignment, the roadway splits immediately west ofMidway Road into two lanes oftraffic in each direction. (See Exhibit B). The two eastbound lanes follow the Centurion Way alignment described in Section 2.1. The two westbound lanes are located next to the DART railroad from Midway Road to the Mini Warehouse facility. Thewestbound lanes then curve toward the southeast as they cut through a comer of the Mini Warehouses before merging with the eastbound lanes just east of Surveyor Boulevard. The divided roadway alignment requires the purchase of Charter Furniture and a smaller portion ofthe Mini Warehouse property than the Centurion Way alignment. This alignment also provides less convenient access for vehicles entering or exiting the buildings onto a oneway roadway rather than existing Centurion Way, which currently carries two-way traffic. Should access to westbound Arapaho Road be permitted along the divided roadway, motorists may attempt to cut through private parking lots to avoid circuity oftravel. Ifan underpass or overpass were constructed at Midway Road, access to the buildings closest to Midway would be more severely impacted. After an evaluation ofthe negative impacts to the developments along Centurion Way, it was determined that this alignment was not desirable. 2.3 DART Railroad AIienmcnt The DART railroad alignment varies significantly from the Centurion Way alignment between Midway Road and Surveyor Boulevard. This alignment, which generally follows the westbound lanes of the divided roadway, is located next to the DART railroad from Midway Road to the Mini Warehouses where it curves toward the southeast across a corner of the Mini Warehouse property. It then crosses Surveyor Boulevard at an angle before curving back toward the east in order to match existing Realty Road. (See Exhibit C). This alignment allows Centurion Way to remain in place as a service road for the adjacent buildings. Furthermore, the roadway can be configured such that no purchase ofthe Charter Furniture building is required, and only a comer of the Mini Warehouse property is impacted. 98·094 10 February 1999 ""-' \ Keller Sprinqs >􀁾􀀠 -' -o ' >,../V Bell Line Rd 􀁾􀀠 \ 􀁉􀀭􀁉􀀭􀀭􀀭􀀫􀀽􀁾􀁾􀁾􀁟􀀮􀀮􀀮􀁬􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀭􀀿􀀼􀁟􀁟􀁟􀀠 􀁾􀁊􀁂􀁾􀁥􀁬􀁜􀁾􀁗􀁯􀁾􀁬􀁣􀁌􀀻􀀡􀁄􀁲􀁔􀀱􀁨􀁂􀁗􀁥􀁬􀀻􀀭􀀻􀀺􀁉􀁗􀁏􀀻􀀻􀁹􀁮􀀻� �􀁲􀀺􀀭􀀭􀀮􀁊􀀠 i \ I\,\0(",00 􀁾J 􀁾􀀠 -g. \ --f r \ 􀀯􀁾o \;:;< -----./􀁾􀀠 􀁾􀀠 --' , J--;= 􀁾􀁟􀀫􀀭􀁤􀁬􀁊􀁉􀀭􀀭 \M Verde Volley Ln Dome R9----I-River Dr ..l-d.. \ § -0 a: PROPOSED ARAPAHO ROAD EXTENSION ARAPAHO ROAD PHASE I ( UNDER CONSTRUCTION ) I SOU1HI'/[Sl RArlRO,Ap .p /\ Langland Rd l0. "fg \\'t \ \ PROPOSED ARAPAHO ROAD EXTENSION EXHIBIT 'B' DIVIDED ROADWAY ALIGNMENT I I LL I -0: 􀁾􀀺􀀠 co ' R 􀁾􀀬􀀠 >:s: '" .5 It':"' ,' o \'" ----Be·o 10l'I Dr Midcour! Rd -0 oc 􀁾􀀠 􀁾􀀠 ''"" Wiley Post Rd 1-lindberg Dr Rail --Bellwuy Or River Dr PROPOSED ARAPAHO ROAD EXTENSION ARAPAHO ROAD PHASE I ( UNDER CONSTRUCTION ) Keller Sprin s PROPOSED ARAPAHO ROAD EXTENSION EXHIBIT 'e' DART RAILROAD ALIGNMENT Alternative Alignments (cont'd) The narrowest portion ofthe alignment is between the MNBA building and the DART rightof-way where 81 feet is available. Although there are no franchise utilities to contend with, a 60-inch Dallas Water Utility (DWU) transmission main is located in a 30-foot easement adjacent to the railroad. A concrete-lined channel is also located along this alignment between Midway Road and the Town ofAddison water tower. Given the potential access and cost benefits associated with the DART railroad alignment, a more in-depth evaluation of its viability was conducted. 2.4 Traffic Analysis At this point in the study, the project team reviewed traffic assignments fur the year 2020 which were prepared by the North Central Texas Council (NTCOG) ofGovemments for five alternatives for the Arapaho Road Extension. Two ofthese alternatives included entry and exit ramps at Midway Road, one with entry/exit ramps on the north side only and a second .' ! with entry/exit ramps on the south side only. These alternatives are described below. f xviii) "No Build" Alternative -what is the impact on adjacent streets ifArapaho Road is not extended? ii) "At-Grade" Alternative -Arapaho Road extended with the Midway Road intersection at grade. iii) "Grade-Separated" Alternative -Arapaho Road extended with a grade separation at Midway Road without entry/exit ramps. iv) "Ramps on the North Side" Alternative -Arapaho Road extended with a grade separation at Midway Road and entry/exit ramps on the north side ofArapaho Road. v) "Ramps on the South Side" Alternative -Arapaho Road extended with a grade separation at Midway Road and entry/exit ramps on the south side ofArapaho Road. 2.4.1 Projected Traffic Volumes The following table presents a summary ofprojected traffic impacts for the extension of Arapaho Road on Belt Line Road and Midway Road assuming that the Keller Springs tunnel is in service. 98·094 Il February 1999 Alternative Alignments (cont'd) 􀁾􀁃􀁖􀁏􀁌􀁕􀁍􀁅􀁃􀁏􀁍􀁐􀁁􀁒􀁦􀁦􀁩􀁏􀁎􀀠 (PROJECTED DAlLY TRAFFIc VOLUMES BY YEAl!.2020) GRADE SEPARATED GRADE SEPARATED GRADE WITH RAMPS ON WrmRAMPSON NoBUlLD ATGRADE SEPARATED NORTHSIDE SOumSIDE ARAPAHO ROAD Addison to Midway Midway to Surveyor 24,000 6,000 13,000 13,000 18,000 17,000 28,000 17,000 BELT lJNE ROAD Addison to Midway Midway to Surveyor 58,000 47,000 53,000 46,000 54,000 42,000 46,000 42,000 50,000 45,000 MIDWAY ROAD North ofArapaho South ofArapaho South ofBeIt Line 52,000 58,000 36,000 57,000 52,000 44,000 44,000 46,000 44,000 50,000 47,000 32,000 60,000 52,000 2.4.2 Evaluation ofTraffic Volumes The existing congestion on Belt Line Road and Midway Road supports an extension ofArapaho Road. Traffic already backs up on Midway Road from Belt Line Road to north ofthe DART railroad much ofthe day; consequently, an at-grade crossing of Arapaho Road at Midway Road may not be feasible without providing dualcoordination of the traffic signals along Midway and Belt Line Line Roads. The grade separated scenarios, with or without ramps, all reduce traffic on Belt Line and Midway Roads with the exception ofthe section ofMidway Road between proposed Arapaho Road and Belt Line Road with ramps on the south side. For the grade separated scenario without ramps, year 2020 volumes on Belt Line Road are projected to be approximately 5,000 vehicles per day (vpd) less with Arapaho Road extended. Volumes on Midway Road are projected to be reduced by 8,000 to 12,000 vpd. Arapaho Road is projected to carry 13,000 vpd from Addison Road to Marsh Lane ifno entry or exit ramps are installed at Midway Road. According to the projected traffic volumes, the extention ofArapaho Road can be constructed as a fuur-Iane undivided roadway uno entry or exit ramps are installed at Midway Road. It should be noted that even though these traffic studies contain a large margin for errorI they do serve to support the grade separated configuration with no ramps at Midway Road. 98-094 12 Februruy 1999 Alternative Alignments (cont'd) 2.5 Options Studied for DART Railroad Alignment After the project team selected the DART Railroad alignment for a more detailed analysis, the following six horizontal and vertical alignment options were considered. 2.5.1 Option 1 -Overpass at Midway Road with EntrylExit Ramps on the North Side of Proposed Arapaho Road Option I requires the purchase of the Charter Furniture and MNBA buildings in order to construct a four-lane undivided roadway and provide a safe merge length for the westbound entry ramp on the north side ofproposed Arapaho Road. Permission would be required with this option to construct the entry and exit ramps within the DWU easement, however, these ramps would be constructed at grade. 2.5.2 Option 2 -Underpass at Midway Road with EntrylExit Ramps on the North Side of Proposed Arapaho Road Like Option I, Option 2 requires the purchase ofthe Charter Furniture and MNBA buildings, and the use ofthe DWU easement fur the at-grade entry and exit ramps. In addition, addition, the probable construction sequence for an underpass would require the removal of one half of Midway Road at a time. As a result, Midway Road would bave to be realigned and narrowed to two lanes through the construction zone. Four lanes oftraffic could be provided by installing temporary pavement on the outside of each segment. The underpass construction could affect Midway Road in this manner for up to a year. 2.5.3 Option 3 -Overpass at Midway Road Without Ramps Option 3 follows an alignment similar to Option 1 through the Charter Furniture building, however, without ramps, no taking ofthe MNBA is required. This option provides more working space between proposed Arapaho Road and the DART railroad on both sides of Midway Road. No roadway improvements would be required in the DWU easement. 2.5.4 Option 4 -Underpass at Midway Road Without Ramps Option 4 follows the same alignment as the overpass without ramps (Option 3) through the Charter Furniture building. It also presents the same construction sequencing challenges as the underpass option with ramps (Option 2) at Midway Road. 98·094 13 February 1999 Alternative Alignments (cont'd) 2.5.5 Option 5 -Overpass Without Ramps, No Taking of Charter Furniture Warehouse Option 5 places the north right-of-way line 20-feet offthe DART right-of-way from Midway Road to the Mini Warehouse property. This requires the use ofthe southern 10 feet ofthe 30-foot DWU easement but does not require taking either the Charter Furniture or the MNBA buildings. Furthermore, this option places the edge of the overpass structure approximately 10 feet from the MNBA building. The existiog concrete-lined channel next to the DWU water main would need to be replaced with double g'xS' box culverts under the overpass structure. 2.5.6 Option 6 -Underpass Without Ramps, No Taking of Charter Furniture Warehouse Option 6 follows the same alignment as the overpass without taking the Charter Furniture building, however, it presents the same construction sequencing challenges as the other underpass options. Inaddition, this option would require the installation ofbox culverts on the north side ofthe railroad to replace the concrete-lined channel presently on the south side. Ifa minimal separation were to be provided from the box culverts to an existing 12-inch sanitary sewer line, the edge ofthe boxes would be approximately five feet from several existiog buildings. In addition, multiple drainage and utility relocations would be required under the railroad tracks at Midway Road, and the box culverts would need to cross back under the railroad further to the west. 2.6 Evaluation of DART Railroad Alienment Options Horizontal and vertical alignmeuts, along with Opinions ofProbable Cost, were prepared for Options 1 through 5. These costs are included in a matrix ofissues related to these options. in addition to Option 6, at the end ofthis section. Due to extensive utility relocations in a tight construction corridor, the viability ofOption 6 is questionable at this point. Ifthe Town wanted to pursue this option, further coordination would be necessary with DART and DWU prior to developing an Opinion ofProbable Cost. The primary goal expressed by Town ofAddison stafffurthis project is to relieve congestion on Belt Line Road. All the options will provide some relief to Belt Line Road. Three overpass and three underpass options were evaluated, and in each case the corresponding underpass option was more expensive. Although no cost was prepared for Option 6, it is certain that the extensive utility relocations required would result in its cost exceeding that ofOpt ion 5. An underpass may be more visually appealing than an overpass, however. the narrowing ofMidway Road would increase traffic delays during the 12 months 98-094 14 February 1999 Alternative Alignments (cont'd) ofconstruction. Although an underpass would create less noise impact, only five commercial buildings are located within the overpass limits on both sides of the railroad, including Charter Furniture. As a result of the increased project cost and the impact on Midway Road traffic during construction associated with the underpass options, an overpass is preferred. Overpass Option 1 requires the purchase ofthe Charter Furniture and MNBA buildings in order to make the entry ramp onto Arapaho Road safe at the merge point. Overpass Option 3, like Option 5, has no ramps, however, it would require the purchase of the Charter Furniture building. Ofthe three overpass options, Option 5 is the only one which does not require the purchase ofeither the Charter Furniture or MNBA buildings. Option 5 places the edge ofthe overpass structure 10 feet from the MNBA building and 15 feet from the Charter Furniture building, with a two-and-a-half-foot sidewalk for emergency access on both sides ofthe overpass. In addition, it would require DWU to accept 20 feet for maintenance oftheir 60-inch water line. Given the escalating cost of real estate and the traffic impacts, neither the additional construction area associated with Option 3 nor the ramps associated with Option 1 appear to justify the required property purchases. Therefore, it is our recommendation that Option 5, an overpass without ramps at Midway Road and no building takes at this location, be selected as the Technically Preferred Alternative. 98·094 15 February 1999 ARAPAHO ROAD ALIGNMENT OPTIONS Midway Road Section -Matrix oflssues DESCRIPTION OF ISSUE OPTION 1 Overpass with ramps on north side OPTION 2 Undarpass with rarnps on north sida OPTION 3 Ovarpass without ramps OPTION 4 Underpass without ramps OPTION 5 Overpass without ramps; without building take OPTION 6 Underpass without rarnps; without building take Alignment Description Sepal'l!tad from IlIIlroad right-of·way Same as 1 Soma as 1 Same as 1 Adiacent to railroad right·of·way Same as 5 I Charter furniture building taka Yes Yes Yes Yes No • No MBNA building take (for romp safetv) Yes Yes No No No No Relocate DWU water line No No No No No Yes Noise Yes No Yes No Yes No Realign Midway for con· struction sequence (4 lanes) No Yas No Yes No Yes Sump storm sewar No Yes No Yes No Yes Move box culvert to north side of RIR; other utility relocations No No No No No Yes Opinion of Probabla Cost (with-20-%_ contingency) .... _._-_.... $20,160,648 $20,678,292. $19,76n,712 $2.0,631,576 m,191,464 N/A --_....... _._--98-094 094 16 February 1999 i Section 3 Technically Preferred Alternative The Technically Preferred Alternative (TPA), as shown in the Exhibit D map pocket, follows the DART railroad alignment and Option 5 between Midway Road and Surveyor Boulevard which avoids taking either the Charter Furniture or the MNBA buildings. This section discusses some of the issues and costs associated with the TPA. 3.1 Coordination Issues 3.1.1 DWU Easement The TPA will require the use ofthe southern 10 feet of a 30-foot DWU easement which is contiguous with the DART railroad right-of-way. The DWU easement contains a 6O-inch water transmission main which is located approximately six feet offthe DART right-of-way to the center ofthe pipe. A written request has been made to DWU regarding the use of a portion of their easement, and negotiations are pending. 3.1.2 Railroad Crossing A report has been prepared that will be submitted to Union Pacific requesting permission to cross the wye spur. This report includes a commitment to place a fully signalized gate at the crossing. 3.1.3 Realty Road Section The traffic volumes indicate that a four-lane undivided roadway would be adequate along the existing Realty Road alignment. Omitting a median from most of this section of the project would minimize the impact on adjacent parking lots and driveways. The roadway could still be widened for tum lanes at Midway Road and Surveyor Boulevard. 3.1.4 Construction Sequencing Construction sequencing plans will still be necessary at the intersections along the TP A, although far less extensive measures will be necessary than those required for an underpass at Midway Road. For example, some drainage and utility relocations will be necessary, particularly at Midway Road and Surveyor Boulevard. 3.1.5 Overpass Aesthetics Measures can be taken to improve the aesthetics ofthe Midway Road overpass to integrate the structure with the neighborhood. Discussions with the owners ofCharter Furniture and the MNBA buildings have also resulted in an evaluation ofextending the column supports from Midway Road to the west end ofthe MNBA building in 98-094 17 February 1999 Technically 􀁐􀁲􀁾􀀨􀁥􀁲􀁲􀁥􀁤 Alternative (cont'd) order to maintain visibility ofCharter Furniture for southbound motorists onMidway Road and to facilitate covered parking under the roadway deck for both properties. Exhibit D is a digitally enhanced photograph ofthe proposed Midway Road overpass looking south. 3.1.6 Right-or-way and Building Acquisition Building acquisitions will include the Metro Brick Company building at Addison Road, a portion of the Mini Warehouse facility on the east side of Surveyor Boulevard, and eight commercial buildings in the Addison West Industrial Park on the west side ofSurveyor. A right-of-way strip map has beeo included as Exhibit E in a map pocket at the back ofthis report. It gives estimated right-of-way takes from the properties affected by this project along with remainders ofthese properties which will be unusable as a : I result ofthe roadway construction. 3.2 Project Phasing The Town of Addison may wish to consider phasing the constroction of the Technically Preferred Alignment. This section describes two separate phases ofconstruction. 3.2.1 Phase 1 -Marsh Lane to Surveyor Boulevard The expansion of existing Realty Road east of Marsh Lane and the extension of Realty Road from the 900 bend at Commerce Street east to Surveyor Boulevard could be constructed separately from the balance ofthe project. This would provide a direct four-lane connection from Marsh Lane to Surveyor Boulevard for east-and west-bound traffic. Realty Road would be widened from a 41-foot wide two-lane roadway to a 45-foot four lane undivided roadway within its existing limits. The estimated construction cost for this phase, including right-of-way, is $ 4,093,344.00. 3.2.2 Phase 2 -Surveyor Boulevard to Addison Road The overpass at Midway Road dictates that the roadway be constructed from Addison Road to Surveyor Boulevard as one phase. Although this is most important phase in order to relieve traffic congestion on Belt Line Road, it is also the most 98-094 18 February 1999 i . J I , I 0.. 􀁾􀀠􀁾􀀠 ov <: 0.. f 􀁾􀀠 0> IO 0.. >0<: L.u 􀁾􀀠 U 0 Z -<: ::::: I Z L.u Technically 􀁐􀁲􀁾􀁻􀁥􀁲􀁲􀁥􀁤 Alternative (cont'd) costly and time-consuming phase to complete. It inclndes coordination with Union Pacific to obtain a crossing ofthe wye spur and Dallas Water Utilities to obtain use of!0 feet oftheir 30-foot easement. In addition, the overpass ofMidway Road is the most costly portion ofthis project. The estimated construction cost for this phase, inclnding right-of-way, is $ 13,098,120.00. 3.3 Cost Estimates This section provides construction cost estimates for the two phases identified previously. Estimates have also been included for the right-of-way and other property takes along the project alignment. The combined estimated cost for both phases is $ 17,191,464.00. 98-094 19 February 1999 TOWN OF ADDISON, TEXAS HNTB 1 GBW Engineers 02116199 ARAPAHO ROAD EXTENSION FROM ADDISON ROAD TO MARSH LANE ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COST OPTION 5 -MARSH LANE TO SURVEYOR BLVD•• Phase 1 ITEMNOI ITEM DESCRIPTioN UNIT QUANTITY ENGINEERS ESTIMATE ROADWAY UNIT PRICE AMOUNT 100 PREP, & MAlNT, OF RIGHT -OF·WAY STA 24,0 $ 2,500,00 $ 60,000,00 104 REMOVE OLD CONCRETE (PVMT,) SY 8,440 $ 3,00 $ 25,320,00 110 EXCAVATION (ROADWAy) CY 16,000 S 3,20 $ 51,200,00 132 EMBANKMENT (ORDINARY COMPACTION) CY 2,000 $ 8.50 $ 17.000,00 260 LIME TREATED SUBGRADE (6 in) (Mainline) SY 15,200 $ 3,00 $ 45,600.00 360 CONCRETE PAVEMENT (10 in) (Mainline) BY 15,200 $ 31,00 $ 471,200,00 360 MONOLITHIC CURB (TYPE A) (6 in) LF 7,500 $ 2,00 $ 15,000,00 500 MOBILIZATION LS 1 $ 70 000,00 $ 70,000,00 502 BARRICADES, SIGNS AND TRAFFIC HANDLING LS 1 $ 100,000,00 $ 100,000,00 6.66 REFLECT PAVE MARKINGS LF 20000 $ 1,50 $ 30.000,00 LIGHTING LF 3,400 $ 35,00 $ 119,000,00 . TRAFFIC SIGNALS (PER INTERSECTION) EA 2 $ 120 000.00 $ 240,000,00 681 TEMPORARY TRAFFIC SIGNAL EA 2 $ 10 000,00 $ 20,000,00 LANDSCAPING LS 1 $ 100 000,00 $ 100,000.00 INLETS EA 5 $ 2500,00 S 12,500.00 MANHOLES EA 5 $ 5,000.00 $ 25,000,00 LATERALS LF 50 $ 50,00 $ 2,500.00 24" RCP LF 3,000 $ 50.00 $ 150,000,00 30"RCP LF 220 $ 65,00 $ 14,300,00 36"RCP LF 500 $ 80.00 $ 40,000.00 2-10' X 7' RCBC LF 130 $ 850.00 $ 110,500.00 HEADWALL CONCRETE CY 30 $ 600.00 $ 18,000,00 REMOVE CONCRETE CHANNEL LINING SY 700 $ 10,00 $ 7,000.00 REMOVE/REPLACE CONCRETE CHANNEL LINING SY 200 $ 60,00 $ 12 000,00 OTHER UTILITY RELOCATIONS LS 1 5,000.00 $ 15,000,00 RIGHT-OF-WAY LS 1 $ 1,540,000,00 $ 1,540 000,00 DEMOLITION LS 1 $ 100,000,00 $ 100,000,00 SUBTOTAL $ 3,411120.00 20% CONTINGENCY $ 682,224,00 TOTAL CONSTRUCTION COST $ 4,093,344,00 --! I I ! I TOWN OF ADDISON, TEXAS HNTB 1GBW Engineers 02116199 ARAPAHO ROAD EXTENSION FROM ADDISON ROAD TO MARSH LANE ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COST OPTION 5· SURVEYOR BLVD. TO ADDISON ROAD· Phase 2 ITEM NO 􀁉􀁔􀁅􀁾􀀢􀀠'"'''':;ION UNIl QUAN111 T 􀁾􀀠 􀁾􀁔􀁅􀀠 I'PRICE 100 IPREP. & MAlNT. OF RI' STA 54.0 1$ ? .nn nn Is 135,oon,no 104 ,OLD' : (PVMT,) fiN 500 !$ 3.50 1$ 1.750,00 110 ' 'O,.M""..V' CY 7.000 1$ 3,20 1$ 􀀿􀀿􀁾􀁮􀁮􀀬􀁮􀁮􀀠 132 􀁾􀀢􀀢􀁎􀁔􀀠 IRY, Cy 34,000 1$ 8.50 1$ ?a nnn.nn 260 LIME '"'' :(6 in), II SY 24,200 1$ 3.00 1$ 72,Rno.nO 􀁾􀀺􀁾􀀠􀁾􀁉􀁔􀁈􀁉􀁃 CURB 􀀻􀁾􀁾􀀰􀀱􀀻􀀻􀀵 in)i SY 23,200 1$ 31.00 1$ 71P?nnnn LF 11,500 !$ 2,00 1$ ',. nnn nn 423 ; WALL (CAST IN PLACE) §F 21,000 1$ 32,00 !$ 􀁾􀀷􀀿􀀬􀁮􀁮􀁮􀀠nn 500 """" LS 1 1$ lennonnn 1$ 10n nnn,nn 502 ,SIGNSAND '''AtJn, II,,,, LS 1 '$ 100nnnnn Is lnn nnn nn 666 I"""LECT PAVE LF 25,000 !$ 1.50 $ 37,500.00 · LF 5,400 1$ 35.00 i$ 1Ra,nnn nn · ,""""'A' 􀁾􀀠(PER I EA 1 I $ 1?n nnn,M 1$ 1?n ono on .,AII_ROAD 1"""'.' " EA 2 I $ ?lA. 0>0 no 􀁾􀀠 TOTAL r.( , I 􀁾􀁕􀁬􀁶􀀠I IVI'! IvV;:' (( $ 1,nOR,'?000 􀁾􀀠 TOWN OF ADDISoN PUBLIC WORKS From: John Baumgartner, P.E. 􀁾􀀠 Director Company: 􀁃_iJ uJ Ies <4.. 􀁾􀁑􀁭 pSO YL Phone: 972/450-2886 (£)\ FAX: 972/450-2837 􀁆􀁁􀁘􀀣􀁾􀁉􀁾􀀠 fa 7/4 -!AO:;'O 3/I U)J Date: /q] 16801 Westgrove P.O. Box 144 # ofpages (including cover): Cp Addison, TX 75001 o Original in mail . 0 Per your request oCall me Comments: '" : .", . 􀀢􀀮􀁾􀀬􀀠 -'-.:.<.-:.. ..􀁾􀀧􀀠􀁾􀀧􀀮􀀢􀀧􀀮􀀬􀀠 , .',