*UBS 􀁁􀁅􀁾•Asset Management 􀀱􀁾􀂣􀁃􀁥􀁺􀀺􀀺􀀡􀀠Joel D. Halverson 13-( t IJ'-LDirector IAsset Management UBS Realty Investors LLC 12001 North Central Expressway, Suite 650 Dallas, Texas 75243-3735 TeL 972-458-3303, Fax 972-458-3305 joel.halverson@ubs.com 'Ii'W'W.ubs.com carlos fernandez carlos temandez architects 899 presidential drive, suite 100 richardson, 􀁾􀁥􀁸􀁡􀁳􀀠75081 972/234-1764 fax 972/234-1783 COWLES &THOMPSON A ProfeSSional Corporation ATTORNEYS ANO COUNSELORS ANGELA K. WASHINGTON: 214,67'2,2.14:4 􀁁􀁗􀁁􀁓􀁈􀁉􀁎􀁇􀁔􀁏􀁎􀁀􀁃􀁏􀁗􀁌􀁅􀁓􀁔􀁈􀁏􀁍􀁐􀁓􀁾􀀬􀁃􀁏􀁍􀀠September 4, 2002 Mr. Bill Shipp Assistant to the City ManagerlEconomic Development Town of Addison P.O. Box 9010 Addison, TX 75001-9010 RE: Parcel 18, Arapabo Road Project Dear Bill: Enclosed for the Town's files is the title policy for Parcel 18, Arapaho Road Project Also enclosed is an endorsement to the policy deleting the arbitration provision. If you have any questions, please give me a call. Sincerely, AKW/yjr Enclosure c(w/o Enclosur+): Mr. Steve Chutchian Mr. Kenneth Dippel, w/firm !:; JUK 􀁾􀁏􀁏􀁬􀀠􀁾􀀠TEMPORARY CONSTRUCTION EASEMEl'i'T:;;: 􀀨􀁽􀀡􀁕􀁇􀁉􀁎􀁁􀁉􀀺􀀧􀁾􀁾􀁏􀁌􀁾􀁾􀀠􀁾􀀠,'" ' Ell"'\" 􀁇􀁜􀁊􀁾􀁾􀀠􀁾􀀧􀀢􀀠"" C'ClItn'i cLERK 􀁾􀀠c-< lI.li.'county.S-s;:T'r" 􀁾􀀠-􀁾STA A 011' TEXAS § .t/. _ .1_" 􀁾􀁊􀀠§ KNOW ALL MEN BY THESE ,Nfs 'Q c"1; _ ' COUNTY OF DALLAS § I. 9 £ '" -IJ n:::tf 􀀨􀁾􀀬􀀠J 􀁾..;;J.I.)L"-() tb ')"'" THAT LINCOLN TRUST'COMPANY, act:ing for the balmt ofDr-, Howard Miller, liP' henUJ.after called GRANTOR 􀁯􀁦􀁴􀁨􀁾􀀠County ofDallas, State ofTeus, for and in COIIBideration ofthe sum of ONE DOLLAR (Sl.OO) and other good end valuable consideration, the receipt and sufficiency ofwhich is hereby acknowledged, does by these; presents grant, sell and convey to the ToW'll ofAddison, heretnaitM ealled GRANTEE of the CO\1Ilty ofDallas at).d State efTexas, It t=pomry euem"llI and right to passovc:<, along, under lllld 4CIQSS It ponion (the "Easement An:a") ofGRANTOR'S property, whiQh easement at).d right ofpassagc is shown and ,depicted on Exhibit B. attached to and incorporated hetWL, for the purpose of constructing a roadway to be knoW!! as Arapaho ROad, The ES5at\art Area i. described as follows: See attached Exhibit A (Field Note Description for Pareel17-TE), which is made II. pan ofthis easement as iftully copied herein. This temporary construction easement shall only be used by GRANTEE and its' contrllCtors in .connectlon with the construction of II. public right-of-way adjacent to the EasemCllt Area. GRANl'EE shall restore the Easement Ares. to the condition that existed befor<: the COD.G\tUction of the roadway. This lempora:ry Ca5cmenl shall terminate 24 months from the date of the Notice to . Proceed with construction under the construction comract for the roadway adjaCCIlt to the Easement Area. or upon completion ofllie I;onstruction ofthe portion ofilie roadway adjacent to tho Easement Area,whichever is earlier. TO HAVE AND TO HOLD unto the Town of Addison, Texas as aforesaid, for the purposes lUld on the eonditioIlS sct forth hereinabove, the easement !II1d Easeme:!lt Area described above. Grmtor bind! Grantor and Grantor's heirs. exc:cutora. administrators, and SIlCcessorsto wa.trant and defend all and singular the Easement Area to Grantee fur the dura-non and purposes set out herein agalnst every p mon whomsoever lawfblly cla:iming or l' claim the same or any part thereof 􀁾􀀠'. , EXECirrm this 1+1. day of dune.. .2001. GRANTOR LINCOLN TRusT COMP 􀁬􀀡􀁵􀁾􀁲􀁯􀁐􀁲􀁁􀀧􀀢􀀠FBo /tllIl)Ae.t> 􀁾􀀬􀀠roe 11.t2R., , By: -..,,-___􀀭􀀴􀁩􀀭􀀺􀀮􀀮􀁊􀀮􀁣􀁃􀀭􀁾􀀺􀀺􀀻􀀺􀀺􀀺􀀮􀀭􀁟, Pz:int Name: C,......, :Print Title: 41", ?-"0 e. 1 ---..... ..:::.:..:....:... 􀀭􀀽􀀮􀀺􀀺􀀺􀀮􀀮􀀺􀀮􀀮􀀺􀀺􀀺􀀧􀀺􀀺􀀭􀁾... -..􀁾􀀭... 05-29-01 12:42PM FROM CAMPBELL COMPANIES P09 Q.D\Om.6-a STATE OF TEXAS § COUNTY OF »'" T I I..􀁒􀀬􀁾􀀠􀁾􀁟􀁅􀁆􀁏􀁒􀁅􀀠ME, the undersigned notazy public in and for said county and state, on this ':\ -"-'day 􀁯􀁦􀀷􀁾􀀠,2001, peI'llonally appeared SOc_ =, \t <--c...... , known to me to be the identical person who e)(ecuted the within and foregomg document, and acknowledged to me that he IOxeeuted the same in his authorized capacity, and that by hi. signature on the inslrument, the person, or entity upon behalf of which he acted, executed the . instrument, for the uses and purposes therein set forth. GIVEN UNDER my hand and. seal ofoffice the day and year last above written . .:l. '0 MY COMMISSION :EXPIRES: SANDRA ROYNON NOTARY PUBLIC [SEAL] STATE OF COLORADO My Commission Expire. 􀀹􀀬􀀭􀁜􀀧􀀢􀀩􀀭􀁾􀁎􀀩􀀬􀀾, 05-29-01 12:42PM FROM CAMPBELL COMPANIES PIO EX/lfSfT A Parcel 17-TE Field Note Description Temporary Const:uetion Easement Arapaho Road ProJect Town of Addison_ Pallas Coynty, TeKas BEING a description of a 0.0970 acre (4,224 square foot) tract of land situated in the David Myers Survey, Abstract Number 923, Town of Addison, Dallas County, Texas, and being a portion of a called ? 7 28 acre tract of land conveyed to Lincoln TrustCompany custodian rBO: Dr. Howard Miller on rebruary 2, 1996 and recorded in Volume 96035, Page 0394 of the Peed Records of Dallas County, Texas, also being out of Lot 31\, Block 1 of "Lots 21\, 3R « 4R, Block 1 of Belt Line-Marsh BusinessPark"• an addition to the Town of Addison, as evidenced by the plat dated May 3, 1995 and recorded in-Volume l!5100, Page 03275 of said Deed -Records, said 0.0970 acre tract of land being more particularly described by 􀁭􀁥􀁴􀁥􀁾􀀠and bounds as follows; OCIHIliDi:NCING at -a 5/8 inch iron .od set in the common East line of said called 7-.728 acre tract and West_ line of a called 5.65 acre tract of land conveyed to Dallas Power -, Light Company on January 2. 1957, and recorded in Vol\JItle 4632, Page 398 of -said Peed Records, said point being the com.monNortheast corner of said Lot 3R and Southeast corner of a called 0.7313 acre right of way dedication for Arapaho I\oad as shown of said plat of "Lots 2R, 3R , 4R, Block 1 of Belt Line-Marsh Business Park"; THENCE, SOUTH 00·06'18" EAST (called South 00'04'38" West), along the common East lines of said called 7.72B acre tract and said Lot 3R and West l.ine of said called 5.65 acre tract, a distance of 47.77 feet to a 5/8 .inch iron rod satin II curve of the proposed South right of way line of 􀁁􀁲􀁾􀁰􀁡􀁨􀁯􀀠'Road for the 􀁎􀁯􀁲􀁴􀁨􀁥􀁡􀁳􀁾􀀠corner and iOXNT or BEGINNLNG of 􀁴􀁾􀀠herein described tract; -4 ." THENCE, 'SOUTH 00·06'18" EAST (called South 00·04' 3a"· West), continuin9 along said COjl'llt\on line, a distance of 24.21 feet to the Southeast corner of the herein described tractl THENCE, NORTH 74°37'10" WEST, departing said common line, a distance of 173.78 feet to an angle point; THENCE, NORTH is·27'OO'' WEST, a distance of 109 ..31 feet to an angle pointl 05-29-01 12:42PM FROM CAMPBELL COMPANIES PII PARCEL 17-tE -ARAPAHO ROAD PROJECT THENCE, NORTH 82°31'Oa" WEST, a distance of 45.04 feet to a /point in a proposed cutback corner locat.#&_7'?"Aba. Sandhu, R.P.L.S. . Texas 􀁒􀁥􀁧􀁾􀁳􀁴􀁲􀁡􀁴􀁩􀁯􀁮􀀠No. 2910 PsgE! 3 of 3 ----1iJ£IIW IiIIlfERI sUllivn 􀁾􀁄􀀮􀁶􀁲􀀬􀁹􀀮􀁾􀀠""-4D '.8. ·•••• + I! I.." \ ;• .,.. I I ;1 ;1 :1 q :1I I, 􀁾􀀠!!t 􀁾􀀠,I10 r;L , '" ; 􀁾􀀠, I "'" <.> ; I;:􀁾􀀠1 I; Ie; I􀁾􀀠"* 􀁾􀀠'l EXHIBIT "S" 􀁁􀁯􀀹􀁾􀀳􀀱􀀠......., ARAPAHO ROAD CAW;O 0.7313 MA,. 3. IIl!l6 WI.. 115100. PO. 03%75 DAIlC.T. 􀀨􀁃􀁎􀀮􀁕􀁄􀀬􀀮􀀮􀀮􀀮􀁾􀀩􀀠N _'4:1" £ -157.t17t> . PARCEL 17-1􀁎􀀷􀀸􀀧􀁬􀁾􀁾􀁾􀁾􀁾􀁾􀁾􀁾􀁾 􀀠.< /l,,"l4:!J',O"t _1EWP. 0!ws11IUC'!I (W>J ESIf, 􀁉􀁾􀁊􀀧􀁾􀀼􀁬􀀧􀀠LOT JII -::""'1..'I.."'INc:.ud> • 500'06" Ifl1.010 211, .lI! • ill< • SUlCI: , OF 􀀲􀀴􀀮􀁾􀁩􀀧􀀠j I . 1 􀀸􀁅􀁬􀁔􀁾􀀭􀁟􀁓􀁋􀀠Co\I1 I!O 7.7'JI!. AI;.BUSiNESS PARK 1/.IJNCUH 1lWST COI.FNiY IlI\Y 3. 199' CIISmJIAN fIIO;IlOl.. 95100, Pc. 􀀰􀀳􀀲􀀱􀁾􀀠OR. HOWAIIO.IoIIIJ..ER I! I II r-'-I . Il.R.Il.C.T. R8, 2, lweWL_PG._ PARCEL 17-1 & 17-2 D.ItD.c.r. A PLAT OF A 0.1411 AGflE (6,147 SQ. IT.) jo 'AND A tIilll"5: 0.0050 AcR£ (220 SQ. FT.) lRAClS OF LAND 􀁾AU. ElISE OEms SHOWN 􀁾􀁒􀁅􀀠TNuth 86·55' 53 Ea;;;t for 115.37 feet, for an arc dist.ance of 115.43 feet to a 5/8 inch iron rod set for the point of tangency of said curve; THENCE, NORTH 69·53'42" EAST (called North 89"55'22" West), continuing along said common line, a distance of 157.B7 feet to the 􀁐􀁏􀁉􀁾􀀠OF BEQ%KR%KG; CONTAINING an area of 􀁏􀀮􀁬􀁾􀁬􀁬􀀠acres or 6,147 square feet of land within the metes recited. An additional 24 foot parallel to and South of the proposed South Right of Way line of Arapaho Road will be required as a· temporary construction easelTlent and will expire upon ·eompletion of the construction project. All bea:dngs are referenced to the North Rigl)Rigl)t of Way line of Centurion Way, called S 8S051' 55" E, ·according to the final plat of Lot 3, Surveyor Addition, recorded in Vol. 71173, Page 135, Deed Records of Dallas County, TeKas. A plat of even survey date herewith accolTlpanies this des cdp1:.ion . I, Ayub R. Sandhu, a Registered Professional Land Surveyor, hereby certify that the legal description hereon and the accompanying plat represent an actual survey made on the ground under my supervision. fftEaq,r=0 //-It(-'ff A ub 􀁒􀁾􀁡􀁮􀁤􀁨􀁵􀀬􀀠R.P.L.S. Texas Registration No. 2910 PagE: 2 of :z 05-29-01 12:42PM FROM 􀁃􀁁􀁍􀁐􀁂􀁾􀁬􀁌􀀠COMPANIES POG EXHI81'r ,tJ-"z Parcel 17-2 Field Note Description Arapaho Road Project Town of Addison Dallas 􀁣􀁯􀁵􀁮􀁾􀁹􀀬􀀠Texas BEING a description of a 0.0050 acre (220 square foot) tract of land situated in the David Myers Survey, Abstract Number 923, Town of Addison, Dallas county, Texas, and being a portion of a called 7.729 acre tract of land conveyed to Lincoln Trust Company Custodian FEO: Dr. Howard Miller on February 2, 1996 and recorded in Volume 96035, Page 0394 of the Deed Records of Dallas County, Teltas, also being out of Lot 3R, Block 1 of "Lots· 2R, 3R & 4R, Block 1 of. Belt Line-Marsh Bu·siness Park", an addition to the Town of Addison, as evidenced· by the plat dated May 3, 19S5 and recorded in Volume 95100, Paqe 03275 of said Deed 􀁾􀁥􀁥􀁯􀁲􀁤􀁳􀀬􀀠said O. 0050· acre tract of· land .being more particularly described by metes and bounds .as follows; BEGDl'N:rNG at a '5/8 inch iron rod set in the common West line of said called 7.729 aore tract and East right of way line of Commercial Drive as dedicated· by Be1.t1.ine-Marsh Business l'arlc, an addition to the Town of Addison, as evidenced by the plat dated April 17, 1976 and recorded in Volume 781.55, Page 0001 of said Deed RecordS, said point being the common Northwest corner of said Lot 3R and most Southerly Southwest corner of a called 0.7313 acre right of way dedioation for Arapaho Road as shown on said plat of "Lots 2R, 3R & 41<, Block 1 of Belt Line-Marsh Business !?ark"',· THENCE, EASTERLY, along the common North line of said Lot 3R and existing South right of way line of said Arapaho Road (84 £QQt wide) and alonq the arC of a non-tangent curve to the left having a radius of 1042.00 feet, a central angle of 1°11'14", a chord bearing South 81°11'24" East for 2l.591teet, for an arc distance of 21.59 feet to a 5/8 inch iron rod set in the 􀁰􀁲􀁯􀁰􀁯􀁡􀁥􀁾􀁯􀁵􀁴􀁨􀀠right of way·line of Arapaho Road: "1 THENCE, SOUTH SO' 47' 40" WEST, departing' said common line and along the proposed South right of way line of Arapaho 􀁾􀁯􀁡􀁤􀀬􀀠a distancs of 27.48 feet to a 5/8 inch iron rod set in the common West lines of. liIaid called 7.728 acre tract and said Lot 3R, and East right of way line of said Commercial Drive [60 feet wide); Page 1 of 2 If 05-29-0112; 42PM FROM CAMPBELL COMPANIES PARCEL 17-2 -ARAPAHO ROAD PROJECT THENCE, NORTH 00·06'18 WEST (Called Norch 00·04'38" East), /departing ",.,id line and along ,the common Wes'!: lines of said called 7.728 acre tract and said Lot 3R and East right' of way line of said Commercial Drive, a distance of 20.68 feet to the POINT 􀁏􀁾􀀠􀁂􀁂􀁇􀁾􀁲􀁎􀁇􀀺􀀠CONTAINING an area of 0.0050 acres or 220 square feet of land within the metes recited. All bearings are referenced to the Nort:h Right of Way line of Centurion Way, called S 99°51'55" E, according to the final plat of Lot 3, Surveyor Addition, recorded in Vol. 77173, Page 135, Deed Records of Dallas County, Texas. 11 plat, 'of even survey date herewith accompanies this description. I, AyUb R, Sandhu, a' Registered Professional Land Surveyor, h$reby certify that the legal description hereon and the accompanying plat represent an actual-'survey made on the' grol.lnd under my supervision. 􀁾􀁉􀀼􀀮􀁑􀀬􀀠£. is: 4' I!-/,g'-tf . Ayb R. Sandhu, R.P.L.S. Texas Registration No. 2910 Page 2 of 2 EXHIBIT "S" IIll£VIli!i) I1iIWIU!1 􀁾􀁖􀁬􀁩􀀡􀀧􀁴􀀠£.0923 "',4. ARAPAHO ROAD CN.ll:D 0.7313 MAY .I, IUS WI.. 􀁾􀁉􀁏􀁏􀀮􀀠pc. 113175 DJ'tO.c..T. r-PARctL 11-2 􀁾􀁾􀁾􀀠...IoU".' TE liP. C(lHsmUC1l011 [SliT lOT 3R LoIS 2ft. 3R &. .. I BlOCK -, Of BELT 􀁕􀁈􀁅􀀭􀁾􀀮􀀼􀁬􀀡􀁓􀁈􀀠SUSINESS PARK o lMY J, ,995 WI.. 95100. PG. 03275 klllJ'Z'tZ"I} CAli.£O 7.na AC. I.JIIQ)ltl lRlr,IT OOIIPANr c:us TlIIIWI Il1O: IlR. HOWNll) NIJ.ER "• + \ 􀁾-l!l 􀁾􀀠􀁾􀀠􀁾􀀠􀁾􀀠i!!l 􀁉􀁾􀀠􀁾 􀁉. "" l:h 􀁉􀁾􀀠 I' II.IUl.C.T. mL '" ,891 PARCEL 11-1 " 17-2WI.. DIOJI$, PO. 03Il+I DJlll.(l.T. A PLAT OF A 0.1411 ACRE (6.1-1.7 SQ, FT.) AND A NOlES: 0,0050 ACRE (220 SQ. FT.) TRACTS OF LANllAll. EASEMENTS SHOWN AI!!; TAKEN f1I:>" 1". AOOOOIllNS 10 ". OEN01l!S A _ PIlIoIT AS INDICA'1Ell H ANAl PUT Of lOT 3, SURI£ _ AlltlIllON. lIE OORDfD IN • OENillES A 6/1f' _ ROO S£T uruss 50 {) 25 50 100VOL n17J. 'PAGE 135. D.Rue.T. . 01liE_ HOlED' . --PR1319 ACRES .AlLY 31, 1998 VOL 98157, PG. 05195 D,R,D,C,T. CALlEC 3.876 AC, A LEE PfLUGER CHIlDREN'S mUST L'n..... .. VOL 95134. PG. 2868 5 ... .oN! Ililb'.l%QOIlil 􀁩􀁬􀁉􀁎􀁬􀀺􀀡􀁾􀀤􀀠$1l»1l1!%Qll:!1f 􀁾􀀠􀁢􀀧􀀮􀁉􀁑􀂮􀁾􀀤􀀠\ AElNA LIfE INSURANCE COIIP""" CHJ.ED 12.483 ACRES DECEWllER 21, 1982LOT om VOL 82250, PO, 285 BLOCK 1 D,R,D.C.T, ,:n .,;:t ;LOTS 2R, 3R '" 4ft, BLOCK 1 OF SElT UNE-MARSH BUSINESS PARK --'" MAY 3. 1995 ':::> VOL. 95100. PG, 03275"1.C.T.C.R.C.C.T. S 82"22"0" f. . " C,R.I . ,<40.>13' _ r.-'S7l!'26'42"E 􀀧􀀲􀀹􀁾􀀬􀀱􀀸􀀧􀀠__.'71 'N77'!III'SS"W _ 434.18' _..... REALTY ROAD' -(CA1.I.£O N"."'..·.) p,o.e. S 12'1)1'05" W VARlAI!LE R,O,W. PROPOSED MlAPNIO ROAD 􀁾􀀠13.12' APRIL 17, 1978 SEE DETAIl. (CAllEO S 12'12'0'-., VOL 78155. PC. 0001 C.R.D.C.T. i I'\ 􀁾􀀠\ :t, VI '" 􀁾􀀠 􀁾􀀠( ""'" ,,\ 􀁾􀀠'" A PLAT OF A 0.0978 ACRE (4,262 SQ, FT.) ••.'3 '. • TRACT OF LANO If" ." I:' "1-\ IN THE DAVID MYERS SURVE Y NOTES. I' " . ,:, .:\ ABS TRACT NO, 923 ,;' ;1, . '; TOWN Of AOOI S ON All BEARINGS ARE REF>:RENCED TO THE NORTH RIGHT OF WAY lINE OF CENTURION WAY, CALLED S 89'51'55" E, ACCOROING TO ..... ,f.;" "."'" " " DALLAS COUNTY, TE XAS THE FINAL PLAT OF LOT 3, SURVEYOR ADDITION, RECORDED IN VOL, 17173, PAGE 135, D,RD.C.L DENOTES A FOUND POINT AS INDICATED '. !,' ;' 100 0 50 100 200 • DENOTES A SiS-IRON ROO SET ,iv;, 'I", "", I.,t 􀁟􀀭􀁟􀀭􀀮􀀮􀀮􀀬􀁪_I􀁾􀁟A LEGAL OESCRlPllON OF EVEN SURVEY DATE 􀁾􀁅􀁒􀁅􀁗􀁉􀁔􀁈􀀠---PROPOSED RlGHT OF WAY UNE . ..r ,!:;-,,' :' ..;c:{'I..CCOMPANIES THIS PLAT, 􀀢􀀢􀀧􀀷􀁾􀁾􀁾􀀧􀀧􀀧􀀷􀁊􀁄􀀮􀀧􀀠SA GRAPHIC SCALEL....______________________ ,f5.'it:.:r- CP. Yq, 􀁇􀀬􀁾􀀬􀂣􀀮􀁫􀁑􀀧􀁃􀀮􀀮􀀬􀀠the '-.(lC 􀁾􀁾􀀡􀁏fDT of AMB Property Holding Corporation, general partner on behalf of AMB Property II, L.P., a limited partnership, known to me to be the identical person who executed the within and foregoing document, and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or entity upon behalf of which he acted, executed the instrument, for the uses and purposes therein set forth. GIVEN UNDER my hand and seal ofoffice the day and year last above written. ') '0 1111 􀁄􀁧􀀮􀁾􀁌􀁢􀀢􀀢􀀭􀀧􀁌􀀢􀀭􀁬􀀬􀀮􀀬􀁣􀀮"",0 __p'-􀁾􀁭􀁭􀀠MY COMMISSION EXPIRES: [SEAL] VVONNE8. NATALE NOTARY PUBLIC State ofTexas CMm. Elq>. 12-20-2001 TEMPORARY CONSTRUCTION EASEMENT -AM8 PAGEl 'ZOOI [ 92 04753 ____________________ _ c '" " A.LEE PFLUGER I AMB PROPERTIES II, L.P. CHILDREN'S TRUST ,, I , , I DRIVEWAY EASEMENT AREA , =1675 SF =0.0385 AC. I SCALE: 1"=20' ,, I , 􀁌􀁅􀁘􀁉􀁓􀁔􀁉􀁎􀁇􀁟􀁾􀀠, SW CORNER OF TCE Ii!. ARAPAHO ROAD /6+00 I 17+0 􀀭􀀭􀂷􀀭􀀭􀀭􀀭􀀭􀂷􀀭􀀭􀀭􀀭􀂷􀁾􀀭􀀭􀀭􀀭􀂷􀀭􀀱􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀫􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀁴􀀠 ------,:r----"!-"-"-j'.. PROPOSED ROW , _..-.._.'-"-"-"-" ------_. AETNA REALTY INVESTORS INC. L􀀧􀁾􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀁾􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀮􀀠o ,r ;'" 1:. /"' 􀁾􀀠'" on N /oL-THE SW CORNER OF THE TEMPORARY CONSTRUCTION EASEMENT IS LOCATED , AT THE SW CORNER OF THE AMB PROPERTIES II. loP. PROPERTY.􀀭􀁾􀀧􀀧􀀧􀀧􀀭􀁜􀁟􀀭􀀭􀀭􀀭􀀭􀀭􀀮􀀠'" ARAPAHO ROAD SWCQ;NER L.!r----"'\'l!Vr􀁾􀀠'"'f), 􀁾􀀠OF TCE TCE LOCATION MAP N.T.S. ZOO I I 9 2 a4 7 5 It ARAPAHO ROAD DRIVEWAY EXHIBIT G AMB PROPERTIES II. L.P. SCALE: 1"=20' , DRIVEWAY EASEMENT AREA LINCOLN TRUST " 883 SF " 0.0203 AC. COMPANY CUSTODIAN " EXISTING ROW [ ..._-------______ 􀀲􀀲􀁾􀁏􀁏__._____􀁌􀁾􀁁􀁐􀀺􀁈􀁏􀁟􀁒􀁏􀁾_______ __ 􀁾􀁾􀁾􀀮􀀠1 􀁴􀁾􀀠TRIANGLE BOWL ASSOCIATES.... , 􀁾􀁾􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀁾􀁾􀁾􀁾􀀭􀀭􀀭􀀭􀀭􀀭􀀮􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀁾􀀭􀀭􀀭􀀭􀀭􀀬SE CORNER THE SW CORNER OF THE TEMPORARY OF TCEl: CONSTRUCnON EASEMENT IS LOCATED " 1:. II I I 13,01' NORTH AND 1,85' EAST OF THE SE w .... --=,._______􀁾.. -CORNER OF THE AMB PROPERTIES II,L.P,: PROPERTY," a. '" 􀁾􀀠ARAPAHO ROI>D • .... 􀁾'£! v /'"' ) ,-.--:l: /ARAPAHO ROADU) '" 􀁜􀁾􀁪􀁾􀀠TCE LOCATION MAP'"N 􀁾􀀠OL-_____________________ 2001 192 a􀀴􀁾􀁾􀁅􀁗􀁁􀁙􀀠EXHIBIT H/rn N. T.S. After Recording Return To: Angela K. Washington STATE OF TEXAS § Cowles & Thompson § 901 Main Street, Suite 4000 COUNTY OF DALLAS § DaUas, Texas 75202 RIGHT-OF-WAY DEED K-f' t.-( f 􀀢􀀧􀀭􀁥􀀮􀁾􀀠DATE : ________,,2001 Ilb,?;?( c;,y,GRANTOR: AETNA LIFE INSURANCE COMPANY c/o UBS Realty Investors, L.L.C. 242 Trumbull Street Hartford, Connecticut 06103-1212 GRANTEE: Town ofAddison, Texas 5300 Belt Line Road Addison, TX 75001 (Dallas Connty, Texas) CONSIDERATION: FORTY-THREE THOUSAND THREE HUNDRED NINETY-FIVE DOLLARS AND 00/100 ($43,395.00), in hand paid by Grantee, the receipt and sufficiency of which is acknowledged by Grantor. PROPERTY (INCLUDING ANY IMPROVEMENTS): Two tracts of land, herein referred to as Parcels 18-1 and 18-2, together containing approximately 7,679 square feet of land, and more particularly descn"bed in Exhibit A-I (parcel 18-1 Field Note Description) and Exhibit A-2 (parcel 18-2 Field NoteJDescription), and depicted on Exhibit B-1 (Parcel 18-1 Survey Depiction) and Exhibit B-2 􀁾􀀱􀀱􀀸􀀭􀀲Survey Depiction), all ofwhich ar?ttached hereto and incorporated herein by reference. CONVEYANCE: Grantor, for the consideration descnbed above grants, sells, and conveys to Grantee the Property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and to hold it to Grantee, Grantee's heirs, executors, administrators, successors, and assigns forever. Grantor binds Grantor and Grantots heirs, executors, administrators, successors, and assigns forever, subject to the Pennitted Exexptions (as defined herein), Grantor binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and forever defend all and singular the Property to Grantee and Grantee's heirs, executors, administrators, successors, and assigns against every person whomsoever lawfully 􀁾Warrauty Deed P.....1s 18-1 & 18-2-Page 1 claiming or to claim the same or any part thereof, by, through, or under Grantor, but not otherwise. The Property is being sold by Grantor to Grantee subject to the Permitted Exceptions. and Grantee hereby accepts title to the Property subject to an of the Permited Exceptions. The following$lall constitute the "Permitted Exceptions": (i) all matters of public record. (ij) all matters that would be revealed by a physical inspection or survey ofthe Property. (iii) all matters common to any plat of subdivision in which the Property is located. and (iv) any discrepancies. conflicts or shortages in area or boundary lines or any encroachments or protrusions or any overlapping of improvements. The parties hereto agree and acknowledge that the Property shall be conveyed and accepted "AS IS" without r!lPrt'llle!1tation or warranty, and that Grantor has not made and does not make hereby any 􀁲􀁾􀁲􀁥􀁳􀁥􀁮􀁴􀁡􀁴􀁩􀁯􀁮􀁳􀀠or warranties. express or implied (other than the warranty of title contained herein) relating to any aspect of the Property, and Grantor hereby disclaims and renounces any such 􀁲􀁾􀁲􀁥􀁳􀁥􀁮􀁴􀁡􀁴􀁩􀁯 􀁮􀀠or warranty. The parties hereto agree and acknowledge that Grantee has conducted such investigations. studies and examinations of the matters deemed by Grantee to be necessary to determine whether the Property, including but expressly not limited to environmental conditions and all other matters, is acceptable to Grantee. MISCELLANEOUS: (a) Nothing in this instrument shall be construed as a waiver by Grantee of any utility connection charge or other charges imposed by ordinance or Charter ofthe Town of Addison. (b) The Property hereby conveyed may be used as a public right-of-way for the passage of vehicular and pedestrian traffic, including (without limitation) streets, roads, sidewalks, utilities, drainage, and other customary uses of public right-or-way. Improvements may be on such grade and according to such plans and specifications as will, in the opinion of Grantee, best serve the public purpose. purpose. (c) The consideration described above shall be deemed full compensation for the conveyance of the Property, and for any diminution in value that may result to the remaining property ofGrantor by virtue ofGrantee's use ofthe Property. 1 (d) -1&en the context requires it, singular nouns and pronouns include the plural EXECUTED effective as ofthe day first written above. AETNA LIFE INSURANCE COMPANY By: Print Name: Print Title: 􀁾Warranty Deed Parcels 18-1 & IS-l-Pagel STATE OF TEXAS § § COUNTY OF DALLAS § Before Me, the 1.U1dersigned notary public in and for said county and state, on this __ day of , 2001, personally appeared , known to me to be the identical person who executed the within and foregoing document, and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or entity upon behalf of which he acted, executed the instrument, for the uses and purposes therein set forth. Notary Public, State ofTexas Print Name: My CoIllDlission Expires: [SEAL} 􀁾􀁗􀁡􀁲􀁲􀁡􀁬􀁬􀁴􀁹DftdParcels 18-1 & 18-2-PageJ IB PACIFIC BUILDERS INC a R P a A A T ( 0 KEVIN T. McMAHAN EXeCt1lNEvICE PRESIDENT 3360 WHey Post Road, Suite 100 CarroUlon. Texas 75006 PHQNf; 972 666 8000 FAX 972 800 9090 MOBIlE 2148030055 EMAil kmcmahan@pacifICbuUdeJsinc.com l:YWW.pacrucbuildersinc.com SEP-2S-2001 10:34 COWLES &THOMPSON 2145722020 P.01/12 COWLES &THOMPSON A 􀁐􀁲􀁄􀁲􀀢􀁵􀁾􀁯􀁮􀁡􀁬􀀠Co, po ration ATTORNEVS 􀁁􀁾􀀮􀀠COUNSELORS FACSIMILE COVER PAGE Date; September 25. 2001 Time: ______ Total Number of Pages (including this sheet); 12 NormaVRush: Normal ClientJMatter #; 3195{25211 TO; (1) Steve Chutchian FAX: (972) 450·2837 FROM: Angela K. Washington Direct Dial #: 1'214) 672-2144 MESSAGE: Steve: Per our discussion this morning, here is the fax I received from Racetrac yesterday. IF YOU HAVE ANY PROBLEMS WITH THIS TRANSMISSION. PLEASE CALL OUR SERVICE CENTER AT (214) 672-2508 or Yolanda Rodriguez at (214) 672-2629 Thank you. IMPORTANT\CONFIDENTIAL: This message is intended only for the us;, of the individual or entity to which it is addressed. This maSSliIge conllilins information from th,law firm of Cowles & Thompson which may be privileged. confidential. and exempt from disclosure under applicable law. If the 􀁲􀁥􀁡􀁤􀁥􀁲􀁾this message Is not the Inlended recipient or the employee, or agent responsible for deliVering the'message to the intended recipient, you IiIre hereby notified that any dissemination, distribution. or copying of this communication is strictly prohibited. If you have received this communication In error, please notify us Immediately at our telephone number (214) 672·2000. We will be happy to arrange for the return of this message to us, via the United States Postal Service, at no cost to you. 901 MAIN STItEtT SUITE 4000 DAlLAS,1£)(A5 '7$202.S'''' o ALL A $ T Y L E R TEL 214.67.1.2000 FAX 2H,67,l.1020 WWW.COW'UT"OMPSON.COM SEP-25-2001 10'34 COWLES & THOMPSON 2146722020 P.02/12 Ii!JOOl FAX TRANSMISSION RACETRAC PETROLEUM, INC. 300 Technology Court Smyrna, Georgia 30082 Phone # (770) 431·7600 To: Angela Washington Dar.; September 24. 2001 Fllx #: 􀀲􀀱􀀴􀀮􀀮􀁡􀀷􀀲􀁾􀀲􀀳􀀴􀀴􀀠Page(s): 11 (Including cover) From: Debbie Brown Extension 1232 Fax No. 770-434-0101 Subject: Raceirac Petroleum, Inc.l8eltllne and Manitl, Addison, Texae COMMENTS; Attached is iii copy of Ihe recorded Spacial Warranty Olllld for the above-referenced site. Please let me know if you need IIny further information. 􀁾􀀠..............􀁾.......................A.--....t........􀁾􀁾............................................􀁟􀀬􀀬􀁾􀁟........._ ........... 􀁉􀁉􀁉􀁐􀁏􀁒􀁔􀁾􀀠'!'hl$ ......110 is inlon.e. 􀁏􀁉􀁉􀁾􀀠fII, 1M lIet lfrom dl,Claou", unO' tile appllcllblo I.... If 1/11 reader oIlh • .....og.l. nil! u.. in_nded 􀁁􀁩􀁃􀀴􀀾􀁬􀁯􀁾􀀠.r!he emplO\'e. Of eglnllllSllO!'llb1e for dell>l1lring an. I\1I1II"'110'0 1M inlended reGlplenl, yW .... _,notillod 􀁉􀁾􀁕􀀡􀀧􀁬􀀧􀁬􀁦􀁩􀁵􀁥􀁭􀁩􀁬􀁬􀁏􀁬􀁩􀁯􀁮􀀬􀀠diltribUlion or copy of 1M! ""","u.aU.., 1$ llIietly 􀁾􀁤􀀬􀀠If I'OU haY/l _MId 􀁉􀀱􀁦􀁾􀀠􀁃􀁏􀁬􀁬􀁬􀁬􀁜􀁬􀁕􀀢􀁬􀁣􀁡􀁴􀁩􀁄􀁾􀀠􀁉􀁾􀀠er ror. I\OUId YO" k,"dly nollfy u. Immodla!llly by telep"_. Ind "'tum the 􀀮􀁾􀁧􀁬􀁮􀁬􀁬􀁬􀀢􀀧􀀧􀀧􀁬􀁪􀁣,. U" 0' In. .b.... IIlid..... Y;l tho UnJIo (BELTLmEIMARSH) § § § THAT A.LEE Pn.VCiR CHILOREN'S TRUST (hereillllfier referred to as "GranIClr"), 8 TItlsl created under the Will of CIIlI R, Pfluger. whose mailing address is 2133 Offic;e Park Drive, San Angelo, Texilii 76904, {orand in 􀁾􀁯􀁮􀁳􀁩􀁤􀁥􀁴􀁡􀁴􀁩􀁯􀁮􀁯􀁦􀁴􀁨􀁥sum ofTEN AND NOlI OOTHSDOU.ARS ($1 0.00) anaother good md valuable consideration pilid to Grantor by the Grantee herein named, has GRANTED, BAEOAINED, SOLD and CONVBYBD, and hythese presents does vltANT. BARGAIN, SllLL and CONVl:lY unw MESQUITE CREEK DEVELOPMENT, INC.. II Oeorgill cOlporolioo (referred to herein as the "Grantee"), wb08e mailing address is 300 Teclmolo/lY Court, Smynl3, Georgia 30082, all that certain real property and improvement9 located thereon. situated in the County of Dall8.!l, Te)(as, and being IllOII: parul:u1ady described on EmmIT ••A" altached berelO and made Ii part h=ffor IIll plllpQ,!lea (hefli!inafter referred to as the "Property"). 'fBIS CONVEYANCli: IS MADIt SUBJtr:CTTO those matters sctfQuh on EXHIBIT "B" Bnaclted hereto and made a part hereof for all purposes (herein 􀁾􀁯􀁬􀁬􀁣􀁣􀁴􀁩􀁶􀁥􀁬􀀺􀁹􀀠refemd to as the "Per.mitted Exceptions"), but it beini 􀁾􀁊􀁬􀁴􀁥􀀹􀁓􀁪􀁹􀀠agreed that Grantee has not assumed or become liable for any indeb10dneBs let foith on EXUIBIT "8", .-ToHAV£ AND TO HOLDth.e Propertyt'ree, elcarand dischlllged orand from all fonner grants,cbarges, tllXes, judgments, mortgll&eS and other liens of what90evc:r nature, exc;ept the Pennitted EXl:epllon9, together with all and 􀀤􀁩􀁮􀁾􀁬􀁡􀁲􀀠the rights and appurtenances therelo and in ilIIY wise b\Monging unto the said Grantor, hi$ hlllrs,leglll repreaentatives, successors fIld lIS.ign$, forever; and Grantordoes hereby bind himself, his heirs,legsl tepnlsentatiws, successi>!llilld assigns, to Warrant and Porevc!j Defend all and singular the Property unto the said Grantee, its heirs, legal represemanws, SUCl:'I'St>QfS and 1lS$lgn.'I, Ilgain9! eve." pll1'son whomooever JawfiJlly claiming or 10 c\8im the sainI: or any part tlwcof. by,1hrougb or under OmtllOl', but not otherwise, For the same consideration, Grantor herllby GRANTS, BAltCAINS, SELL.S and CONVBYS, without warranty express or implied, all interest, if any, ot' OranlOr in (i) strips or 􀁉􀁬􀁯􀁲􀁥􀁾􀀬􀀠iflilly. between the Property and abutting properticll; (il) any land lying in or under the bed ofany meet, alley, road, or right.of-way, op'ened or proposed, abutting Dr adjacent to the Property; and (iii) any lind all ea:;cmcnts. 􀁲􀁩􀁧􀁨􀁴􀁾.• 􀁰􀁲􀁩􀁶􀁬􀀡􀁥􀁾􀁥􀁳􀀮􀀠tenements, hereditaments and appurtenances !hereuoto now or hereafter bclongiIlg Ot 􀁡􀁰􀁰􀁾􀁲􀁉􀁁􀀱􀁲􀁵􀁮􀁧􀀠to the Property. By fl.Ccepta:Dcc of this Spec;lal Warranty Deed. Purchaser a'knowlcdges that the natllrai drail'!'Yle from !he Property is onto Grantor's adjOining property ("Oranwr's Property") more specifically described on EX"!!!!T "C" attached lu!reto and incorporated herein, and 􀁇􀁲􀁡􀁮􀁴􀁥􀁾􀀬􀀠at PAOE J .. . ZIJI)22 9 0' I , 9 SEP-25-2001 10:34 COWLES 􀁾􀀠THOMPSON 2146722020 P.04/12 09/%4/01 MON 􀁾􀁦􀀺􀀰􀀸􀀠PAX 110433%%89 Iill003 Gtantee's sole: 􀁾􀁳􀁴and expense, covenants IIllC agrees to capture and dispose oftho water from the Property,which would otherwise drain onto GrIIllIOr's Property upon Gtantee's development ofthe Property, By acceptan"" ofthia Spe\lial Warnm1Y Deed, Otantee covenants and agfees that the initial \.\11<11' ofthe Property by Granllle, Metropolitan Foods. Inc. Qr any affiliate of Me or Metropolitan Foods, Inc. 􀀨􀁾􀁬􀁬􀁯􀀱􀀱􀁥􀁣􀁮􀁶􀁥􀁬􀁹refelTed to 8! "Me',) is hereby restricted. S\lch that ifand whm Me develops the Propeny, th.. PropertY IIlaY only be used to conmuct IIlld opeI;lte a R.w::etrac 􀁧􀁡􀀵􀀰􀀱􀁬􀁮􀁾􀀠sCl'Yicc stllt/oli ("Racetrac FaciUty") oonsistmt as to design. color, size and function with thoBe plans and spllCifications (the "Plans") prepared by Baird, Hampton and Brown,lnc., pursuant to Blm ProjectNo. 2000.015.000, and being more specifically identified on ExHr8IT"D" 1I11BChad hereto and and Incorporated )lercln. A copy of the Plans may be obtained from the offices of Mesq'llite Creek Development, Inc. at SOO Technology Coun. Smyrna, Georgia 3008:2.. Me will not oceupy or U3C the ProPerty or any portion then:of for any other PlllPO!O without the Grantor's written c.onsent, provided. however, that such 􀁲􀁥􀁳􀁴􀁲􀁩􀁾􀁯􀁮􀀠shall not apply to any succeJ$Or5 in title to Me. BylIcceptallee ofthi9 Sr.ecial WamnlYDeed, Me coVCnllllfS and agn:cs that ifand. wb.1IIl Me develo1's the Property, at Me J sole cost and expense, Me shall: (i) 􀁾􀁡􀁬􀁬􀁓􀁥􀀠to be construetc:d and maintlllned /l. combination of landscaping and fencing aiong the eastl!lll boundary of the Property separating the Property from Qrantor'5 Property; and (ii) shall also cause 10 be sCR'!!ned the back or east side ofthe building to be constructed by MC Oil the Property, such landscaping. fencing and screcnill.e to be in accordance with the Plll.l1.9. The provision set forth in the i.mrnediately preceding sentenc..:: :sball constitute iii oOVllnBntl'llllDing with tile Property. Grantee, by i1S acceptllllCe hereof. does hereby assume lII!d i1P"ee to pay the ad valorem tIIxes applioable [0 the P(Operty for calendar yellT 2000 lind S\lbseq\lellt yt:ans. IN 'flTNl!IIII􀁗􀁊􀁦􀁅􀁒􀁅􀁏􀁆􀀬􀁾􀁬􀁜􀁉􀁬􀁴􀁏􀁊lw executed th15 Special Warranty Deed to be effective as ofthe f,r 􀁤􀁡􀁹􀁯􀁴􀀧􀁾􀀮􀀲􀀰􀀰􀀰􀀮􀀠GItAJIITOR: ' A. LEE rl'LUGEIl CHILDREN'S TRUST. iii Trust created under the Wiu of Carl R. Pfluger By: PAGEZ SEP-25-2001 10:34 COId..ES 8. THOMPS(}; 2146722020 P.0S/12 _.. __􀁏􀁾􀀺􀁊􀀴􀀯􀀰􀀱􀀠1101' F:08 F,q 7704332289 􀁾􀀰􀀰􀀴􀀠" STATE OF TEXAS COUNT\' OF DALLAS BEFORE ME, the undersigned authority, on lhis day pcrsonalll appo::ared Addi.oll L" Pfluger, in his capacity Il.$ Trustee ofthe A. LEE PFLUGER CHIWREN STRUST, a Trust created 1Illder the Will of Carl R. Pfluger, known to me to be the pmon whose name is subsc.ribed to the forelloing instrument and a<:knowledged to me that he executed lhe slIIlle 􀁦􀁯􀁾􀀠the pwposes end conSIderation therein expressed and in the capacity therein gtated, on behalfofsaid Tru9t. GIVENUNDER Mv HAND ANPSXAL01'OFFICI: thi. the 􀁾􀁹of hOW/)'Ibl/tJ 2000. S,BCIAL WARRANTY Dl!I!DIBIllTLrNE.MARStll (TRUST TO METROPOLITAN) PAGE 3 V.'I'fWQI!RIiI'\III!\SP!i;CW. IIIAIIIlANl'V DWBD 􀀨􀀸􀁭􀀮􀀧􀁉􀁕􀁎􀀦􀁍􀁁􀁁􀁓􀁾􀀩(nwST TO MJ:TKDPOIA'I'AN) 11.11.00 '21ID229 0 r I 2 I SEP-25-2001 10:35 COWLES & THOMPSON 2146722020 P.06/12 􀁾􀁾􀀯􀀰􀀱􀁾􀀠17:08 FAX 1104332289 III OOS Page 1 of 2 51) 100􀁾􀁯rL--0 j.-I '200229 0 I r 22 SEP-25-2001 10: 35 COt.LE5 8. THOrPSON 2146722020 P.07/12 09124/01 KON 17,08 PAX 7704332289 @008 Exh;l.b1t "A" 􀁐􀁡􀁾􀁥􀀠• of 2 lJai"f Q tntd. ", aa...t 􀀮􀁾I" \I'll. 􀁾of AiHf"""'j 􀁾􀁾t... anCf b.ins " IlOttiIln or 810di 􀀬􀁾􀀠􀁾􀁾lkt.iItCl . "'I ;IN VOL. 95100, PG. 3275 ",1:'1:£ • 􀁣􀁐􀁾􀀠\ :"1':.1 0 R D C T 􀁾􀀢􀀧􀀻􀀧􀁉􀀠\ 􀁾􀀠,I -1'):.:1 • • • • • • 1:'::\ ('>, 􀁌􀀳􀁾􀀠z. 􀁩􀀻􀀮􀁾􀀧􀀮􀀺􀀮􀁉􀀻􀀽􀀠190,031 SQ. FT. OR 4.363 ACRES 􀁾􀁉􀀺􀀺􀀩􀀮􀁜􀁴􀁪􀀮􀀧􀀬􀀠9 \ : 􀁾􀀮􀀮􀁬􀁾􀀻􀀢􀀺􀀺􀀺􀀠L20 I;ii!\?' \ " L211'':;:!'.il.J.,. IS' WATER EASEMENT LIB 􀁜􀀮􀁜􀀱􀀱􀀧􀀮􀀻􀁜􀁾􀀧􀀠_-;I """lv 􀁾􀀠􀀢􀀢􀀧􀁊􀁉􀀬􀀬􀀮􀁟􀁾􀁜􀀠I _.. \ Ll toJ 1"1"1:" 20,169 SQ. FT. OR 0.4630 AC..•. L17 .... -􀁌􀀱􀀹􀁾􀁩􀁉􀀾􀀮􀀧􀀮􀀴􀀧􀀷􀀮􀀢􀀠 ,I 􀁾􀀬􀁨􀀬􀁩􀁩􀁾􀀠N 56' 44' 14' E L16 I" 7).;) .,.' BLOCK 1. LOT 1 : .,.g;Cil'" 26.32' L15 "',,,. 􀁓􀀢􀀧􀀱􀁾􀂷􀀱􀁾􀀺􀀬􀁾􀀶􀂷􀁾􀀮􀀢􀁬􀀬􀁾􀀴􀁾􀁾􀁖􀁾􀁾􀀷􀁾􀀳􀀧􀀰􀀰􀀠31 W \ BEL TLiNE-MARSH BUSINESS PARK I 􀀺􀁲􀁾􀀺􀀮􀀺􀀺􀀮􀀺􀀠􀁌􀁾􀀻􀀢􀀧􀀺􀀺1, 􀀢􀀮􀀺􀁹􀁾􀀬􀀻􀀮􀀮􀀺􀀻􀁾􀀺􀀮􀀺􀁩􀀺􀁾􀂷􀀧􀀺􀀻􀀺..::./.::.l::...,,::i_;.;,_l ' ..'" ,2,'z.'31 􀀧􀀱􀁩􀁾􀀠 VOL. 83042. PG. 425 ' 􀀺􀀺􀁾􀁉􀀺􀀺􀁜􀀬􀁪􀀠� �􀀱􀀳􀁾􀀺􀁾􀀧􀁩􀁾􀀠N 18 15' 46' W 191.02' __ lol-B(:;1:B1' (0.,,·1 " ' z I·'.J!.·, 􀁁􀀢􀀧􀀭􀀮􀁾􀀮􀁾􀀮􀁬􀁩􀀢􀀡􀀠r L=196.93 ---"""/,IR ID R 0 • C• T ?''''' L121' 􀁾􀁝􀀾􀀻􀁾􀀡􀀭􀁉􀀠-'_ . .. ... -􀁜􀀯􀁾􀀮􀀻􀁱􀀺􀁜􀀠L-􀁾• 5 5----:-:..: :-:..: :-:..: :---..::-:..:􀀭􀀧􀀺􀀭􀀺􀀢􀀺􀁬􀀭􀁾􀀭􀁾􀂷􀁴􀁾􀀭􀀱􀀱􀀧􀁾􀀻􀀧􀀠􀀵􀀹􀀺􀁾􀀠----􀁕􀁛􀁉􀁾􀀢􀁴􀀮􀁾􀀰􀀰􀂷􀀲􀀰􀀧􀀱􀁉􀀧􀀠---,It", --." 15,00' 1. V:' FIR R-958.00 DDATTV' ROAD POB 􀁾􀀮􀀧􀀢􀀠.t.... L=5.17' 􀁌􀁾􀁌􀁾􀀠 • S77'47'59'E t, CB=N11';;B'20'W(84 R.O.W.) P.O.C. 8,67' \ CO=5.11 . __ _ 􀁁􀀼􀀱􀁥􀀮􀀱􀁲􀁷􀀧􀁩􀁬􀀠􀀮􀁯􀁆􀀮􀁾􀀠0 -------------------------------------􀁾􀀠------/-LEGEND SEPARATE ",. '&'10 ' ••􀀬􀁾􀀠F7 •---.' 􀁭􀁾I AT> Y ._ 􀀧􀀻􀁩􀀨􀁾􀀧􀀺􀀮􀁟􀀠0INSTRUMENT .... ?'JY2" FIR Y2" FOUND IRON ROD Coj .p.i:•• ' 􀁾􀀠\ EXHIBIT A (C.M.) CONTROL MONUMENT 􀂷􀀽􀀺􀀹􀀮􀀹􀀮􀁊􀀮􀁭􀀮􀁬􀀺􀂷􀀡􀀡􀂧􀀡􀁬􀁾􀀱􀂷􀀬􀂷􀀠􀁾􀁾􀀠\ "'fr.. 15 FOOT WATER EASEMENT P.O.C. POINT OF COMMENCING 􀁾􀀠􀁜􀁾􀁾􀀮􀁾􀀠'. 􀀧􀁦􀁬􀁾􀀠" THE D, MYERS SURVEY, ABST. NO. 923 THE TOWN OF ADDISONP.O.B. POINT OF BEGINNING 􀀵􀀱􀀢􀀻􀀻􀁄􀀧􀁳􀀧􀁵􀀥􀁩􀁾􀀠\ 􀁾􀁴􀀭􀀧􀀠\ ... 􀁉􀁾􀀢􀀢􀀢􀀢􀀠I DALLAS COUNTY,TEXAS .:,..tv FOR BASIS OF BEARING IS THE NORTH LINE OF REALTY ROAD AS RECORDED BY \ \ '. OSTEOMED CORPORATION 37W R&alty RoadTHE PLAT OF "BELTLINE -MARSH BUSINESS PARK", LOT 4R. BLOCK 1 IN VOLUME' Addison, 1)( 15D01 f>ropared by95100. PAGE 3275. D.R.D.C.T. MONUMENTS USED FOR BASIS OF BEARING ARE HAl.Ff ASSOCIATES, INC. 8&'16 Ntll'lhwf!ft PlaZa OrTve Daltaa, TX 75225SHOWN HEREON AS (C.M.l. SCAtJ:: 1·...100' AVO 20079 JANUARY 2002 PAGE 5 OF 5 EXHIBIT A 15 'WATER EASEMENT TOWN OF ADDISON DALLAS COUNTY, TEXAS BEING a 20,169 square foot tract of land situated in the D. Myers Survey, Abstract No. 923, Dallas County, Texas and being part ofLot 4R, Block 1, Beltline-Marsh Business Park, an addition to the Town ofAddison, Dallas County, Texas as recorded in Volume 95100, Page 3275, Deed Records of Dallas County, Texas, (D.RD.C.T.), and being more particularly described as follows: COMMENCING at the southwest corner of said Lot 4R, said point also being on the north line of Realty Road (84-foot right-of-way); THENCE South 77 degrees 47 minutes 59 seconds East, along said north right-of-way line, a distance of 38.67 feet to the POlNT OF BEG1NNlNG; THENCE North 11 degrees 44 minutes 14 seconds East, departing said north right-of-way line, a distance of 108.99 feet to a point for a corner; THENCE North 78 degrees 15 minutes 46 seconds West, a distance of 18.26 feet to a point for a corner; THENCE North 11 degrees 44 minutes 14 seconds East, a distance of 15.00 feet to a point for a corner; THENCE South 78 degrees 15 minutes 46 seconds East, a distance of 18.26 feet to a point for a comer; THENCE North 11 degrees 44 minutes 14 seconds East, a distance of 166.23 feet to a point for a comer; ! THENCE North!l degrees 12 minutes 01 second East, a distance of 􀀲􀀴􀀮􀁾􀀶􀀠feet to a point for a comer, "1 THENCE South 83 degrees 27 minutes 12 seconds East, a distance of 398.10 feet to a point for a corner; THENCE South 38 degrees 27 minutes 12 seconds East, a distance of 23.22 feet to a point for a comer; THENCE South 00 degrees 04 minutes 38 seconds West, a distance of 30.73 feet to a point for a comer; THENCE South 89 degrees 55 minutes 22 seconds East, a distance of 18.59 feet to a point for a comer; LdO_4630.doc Page 1 of 5 January 14, 2002 THENCE South 00 degrees 04 minutes 38 seconds West, a distance of 15.00 feet to a point for a comer; THENCE North 89 degrees 55 minutes 22 seconds West, a distance of 18.59 feet to a point for a comer; THENCE South 00 degrees 04 minutes 38 seconds West, a distance of 215.91 feet to a point for comer; THENCE South 45 degrees 00 minutes 31 seconds West, a distance of 37.53 feet to a point fora comer; THENCE North 78 degrees 15 minutes 46 seconds West, a distance of 197.02 feet to a point for a comer; THENCE South 56 degrees 44 minutes 14 seconds West, a distance of 13.92 feet to a point for a comer; THENCE South 11 degrees 56 minutes 57 seconds West, a distance of33.19 feet to a point for a comer, said point being on a non-tangent circular curve to the right having a radius of958.00 feet and whose chord bears North 77 degrees 58 minutes 20 seconds West, a distance of5.77 feet, said point also being on the north right-of-way line ofsaid Realty Road; THENCE Northwesterly, along said north right-of-way line and along said curve, through a central angle of 00 degrees 20 minutes 41 seconds, an arc distance of 5.77 feet to a 112-inch found iron rod for the point oftangency; THENCE North 77 degrees 47 minutes 59 seconds West, continuing along said north right-of-way line, a distance of9.23 feet to a point for comer; THENCE North 11 degrees 56 minutes 57 seconds East, departing said !{orth right-of-way line, a distance of 􀀲􀀲􀀮􀀳􀁾􀁴to a point for a comer; "1 THENCE North 78 degrees 03 minutes 03 seconds West, a distance of 19.61 feet to a point for a comer; THENCE North 11 degrees 56 minutes 57 seconds East, a distance of 15.00 feet to a point 􀁦􀁾􀁲􀀠a comer; THENCE South 78 degrees 03 minutes 03 seconds East. a distance of 19.61 feet to a point for a comer; LdO_4630.doc Page20f5 January 14, 2002 THENCE North 11 degrees 56 minutes 57 seconds East, a distance of 1.93 feet to a point for a corner; THENCE North 56 degrees 44 minutes 14 seconds East, a distance of26.32 feet to a point for a comer; THENCE South 78 degrees 15 minutes 46 seconds East, a distance of 195.14 feet to a point for a corner; THENCE North 45 degrees 00 minutes 31 seconds East, a distance of23.22 feet to a point for a corner; THENCE North 00 degrees 04 minutes 38 seconds East, a distance of 6.09 feet to a point for a corner; THENCE. North 89 degrees 55 minutes 22 seconds West, a distance of 17.00 feet to a point for corner; THENCE North 00 degrees 04 minutes 38 seconds East, a distance of 15.00 feet to a point for a comer; THENCE South 89 degrees 55 minutes 22 seconds East, a distance of 17.00 feet to a point for a corner; THENCE North 00 degrees 04 minutes 38 seconds East, a distance of229.11 feet to a point for a corner; THENCE North 38 degrees 27 minutes 12 seconds West, a distance of 11.76 feet to a point for a corner; THENCE North 83 degrees 27 minutes 12 seconds West, a distance of:f6.14 feet to a point for a corner; 􀁾􀀠.1 THENCE South 06 degrees 32 minutes 48 seconds West, a distance of 16.73 feet to a point for a corner; THENCE North 83 degrees 27 minutes 12 seconds West, a distance of 15.00 feet to a point for a corner; THENCE North 06 degrees 32 minutes 48 seconds East, a distance of 16.73 feet to a point for a corner; THENCE North 83 degrees 27 minutes 12 seconds West, a distance of 95.38 feet to a point for a corner; Ld03630.doc Page.30f5 January 14, 2002 THENCE South 57 degrees 12 minutes 01 second West, a distance of 12.91 feet to a point for a corner; THENCE South 11 degrees 44 minutes 14 seconds West, a distance of284.05 feet to a point for a corner on the north right-of-way line of said Realty Road; THENCE North 77 degrees 47 minutes 59 seconds West, along said north right-of-way line, a distance of 15.00 feet to the POlNT OF BEGINNING and CONTAINlNG 20,169 square feet, or 0.4630 acres of land, more or less. Basis of Bearing is the North line of Realty Road as recorded by the plat of"Beltline-Marsh Business Park", Lot4R, Block 1 in Volume 95100, Page 3275, D.R.D.C.T. LdO_4630.doc Page 4 of5 January 14, 2002 --􀁾􀀱􀀡􀀧􀁩􀁒􀁾􀀱􀀱􀁔􀀠IRON ROD COMMENCING BEGINNING NORTH LINE OF REALTY ROAD AS -RECORDED BUSINESS PARK", LOT 4R, BLOCK 1 IN =----,-.. 􀁾--------------------------o ------50 100 150 200 300 SOUTHERN PACIFIC RAILROAD SCALE IN FEET (100' R.O.W.) --.,.. --_... ----PARK ' ----N 57' 12' 01' E: 􀁟􀀲􀁾􀀮􀀵􀀶􀀧________ -----......., BELTLiNE -MARSH BUSINESS PARK LOT 4R, BLOCK 1 VOL. 95100, PG. 3275 D.R.D.C.T. 190,031 SQ. FT. OR 4.363 ACRES IS' WATER EASEMENT 20,169 sa. FT. OR 0.463 \ J =196.93 _ N 56' 44' 14' E: 26.32' L1 L14 􀀲􀁾􀀮􀀲􀀲􀀧􀀠\ \ , t .. • L17 􀁾􀀧z L__ ___________ iffi"􀀦􀁾􀀬􀀠-0'􀁒􀁷􀀺􀁾􀀩􀁾􀁾􀁬􀀢􀀠'\􀁾􀁾􀁾􀀺􀀮􀀺􀀺------P.O.c. 8.67' C' no -" -\..... .--;.-:'::::\ 38' 27' 12' E:\ '-, " 􀁾􀀠\ .<::»' ,OV'l • \ r -0 \ \ 􀁜􀁏􀁏􀀧􀁾􀀠\ \Orl'\ , ':ll °>.:,; \ \0°"'" \\ 0" -". \',:-\""0 \ • (;"lC '(;"l , I 􀁾􀁾􀀠\ \ 􀁾􀀠("l , ,, °. , \ \ , '..... -----"\ S 45' 00' 31' W " BLOCK I, LOT 1 37.53' \ BELTLiNE-MARSH BUSINESS VOL. 83042, PG. 425 '-'5i.8 ,'1:...., , J:i.JI'3: *l'Z·..'! 􀁖􀀧􀁾􀀠D.R.D.C.T. 'L---..-'::'":-:..: :-:..: 􀁾􀀨􀀭􀀸􀀴􀀧􀀻􀁾􀁒. . . ,....... o /--------_.-._----._---------'-------• -=-"'--:=" -----I8fcff,8./W1--􀁾􀀠Ih 􀁾􀀻􀁾􀀠 LEGEND 􀁾􀀠1 ' Y2' FIR Yz' FOUND EXHIBIT A(C.M.) CONTROL .􀁑􀁾􀁜􀀧􀀥􀀮􀁾􀀠\ "r'" 15 FOOT WATER EASEMENTP.O.C. POINT OF \k 􀀬􀀬􀁾􀁑􀀮􀀠" THE D. MYERS SURVEY, ABST. NO. 923 P.O.B. POINT OF \ 􀀮􀁾􀁦􀀭􀀮􀀠\ THE TOWN OF ADDISON DALLAS COUNTY, TEXAS BASIS OF BEARING IS THE BY \ 􀀮􀀺􀀮􀀻􀀧􀁏􀁾􀀠... FOR OSTEOMEO CORPORATION 31SO RealtY FlotdTHE PLAT OF 'BELTLINE-MARSH VOLUME' Addison.. TX 16001 ......... by 95100, PAGE 3275,D.R.D.C.T. MONUMENTS USED FOR BASIS OF BEARING ARE HAl..FF ASSOCIA'l'ES, INC.SHOWN HEREON AS (C.M.). I;ljM. NwIhwe" PflWl Drivo Dalla•• TX 75226 􀁓􀁃􀁁􀁊􀀮􀁅􀁾􀀠1--·'00' AVO 20079 JANUA!\Y 2002. PAGE 6 OF 5 􀁾􀀠. , THE STATE OF TEXAS ) ) COUNTY OF DALLAS ) That Morning Park, Inc.. , F"-􀀲􀀰􀀰􀀱􀁾􀁏􀁏􀀧􀀱􀀱􀀠KNOW ALL MEN BY THESE PRESENTS: V.: ,< rv 1392030 't'l"tJLI/.'., 􀀧􀁾􀁩􀁩􀁬􀁩􀁬􀁡􀂷􀀠117.0005lWOl a Texas corporation n," (herc:inaner called "Grantor" whether onc or man: natural persons or legal cntitiC5) of the County of Dallas Texas, State: of , (or and in consideration of the sum of TEN AND Noll OQ ..-------_____________􀁾(5 10 00 ) DOLLARS to the undersigned in hand paid by the City of Dallas. 1500 Marilla Stre<:t. Dallas. Texas 75201.. a municipal corporation. (hereinafter called 􀀢􀁃􀁩􀁴􀁹􀁾􀀧􀀩􀀬􀀠the receipt of which is hereby acknowJedged and confessed. (lnd the further benefits to be derived by remaining property as it result of projected public improvements, has granted, sold and conveyed and does hereby grant, seU and convey unto said City, its sUccessors and assigns, an casement for the purpose of laying. constructing. maintaining. repairing ;:I.nd replacing a City water 􀁾􀁋􀀩􀁦􀀽􀁭􀀮􀁭􀁡􀁩􀁮􀀠or mains and appurtenances and such additional main or mains and appurtenances as are needed in the future in. under, tbwugh, aeross and along alilhat certain lot. tract or parcel of land described in Exhibit "'A"; attached hereto and made a part hereof by reference for all purposes. The City is acquiring this property for the purpose of laying. constructing, maintaining. repairing and replacing a City water 􀁾􀁾􀁷􀁡􀁴􀁯􀁲􀀠main or mains and appurtenances. and such additional main or mains and appunenanc.cs as are needed in the future. according to such plans and spcdrlGations as win, in Ch:ts opinion, best serve the public purpose. The payment of the purchase price shan be considered full and adequate compensation for the easement rights herein grantcd.Should one or morc of the Grantors herein be natural persons and not jOined by their respective spouse. it is conclusively presumed that the land herein conveyed is not the residence or business homestead of suth Granlor{s). Should one or more of the Grantors herein be a legal entity other than a natural person, it shan be conclusively presumed that the person signing on behalf of such a party has been duly and legaUy authorized to so sign and there shaH be no ne«ssity for a seal or attestation.I i The City shan have an other rights and benefits necessary or convenient for the full enjoyment or usc: of thej rights hertin granted. including.. but without limiting the same 10. the right of ingress and egress over and across said property to and rrom said casement ror the purpose of 􀁣􀁯􀁮􀁳􀁴􀁲􀁵􀁣􀁾􀁩􀁮􀁧􀀮􀀠reconstructing. maintaining, inspecting or repairing said main Of mains: and appurtenances. I The City shan have the right to remove and keep removed from the per!'tlanent easement herein granted any and all structures, fences, trees, shrubs. growths or other obstructions which may endanger Of interfere with the construction. reconstruction, maintenance. repair or operation of the said main or mains. (Grantor, its suctessors or assigns. shalt not place or store any material upon. or cover. bury. pave over or otherwise obstruct any cieanout. va1ve. meter or manhole located within 􀁾􀁨􀁥􀀠herein described permanent easement.) l 􀁇􀁲􀁡􀁮􀁴􀁯􀁲􀁾􀀠its successors or assigns. shall not. be permitted to plant trees or shrubs or any kind within the boundaries or the herein described permanent easement. All expenses in the construction and maintenance of said main or mains and appurtenances shan be bornl by the City. In the construction of said main or mains and appurtenances. should the City find it necessary to retl,vt any improvemenl$ now on the Mlvewdescribed property, aU or those expenses shall also be borne by the City. Upon cotrlpletion of constru<:tion,ll1 surp1us 􀁥􀁸􀁣􀁡􀁶􀁡􀁴􀁩􀁯􀁮􀁾􀀠􀁤􀁥􀁢􀁲􀁩􀁳􀁾􀀠trash or litter resulting rrom construction shall be cleaned up and hauled off the premises. and the casement properly, including any renees disturbed, shall be restored to its onginal eonlour and condition. Nothing in this easement sh;tU be construtd as a waiver by the City of any conneetion ·charge or charges imposed by ordinance or Charter of the City or Dalla5. TO HAVE AND TO HOLD the above desc;ibed casement, together with 􀁾􀁊􀀱􀀠􀁾􀁮􀁤􀀠singular the rights and appurtenances thereto in anywise belonging unto the said City of Dallas. il$ $Uccessors and assigns rorever, and Grantor is hereby bound, together with all heirs, cxecutOI"$. administrators: or suecessors, to Warrant and Forever Derend. aU and singular the said easement unto the said City or DaUas:. its $t!CC¢$sors and assigns, against every person whomsoever lawfully claiming, or to claim the same or any part thereof. Executed th;, \,1'1lA.. day of 􀁾􀁜􀀮􀀮􀀠• l!X-2Jlll.1. Morning Park, Inc., 􀀺􀁹􀀺􀁥􀁕􀁾􀀧􀁖􀀺􀀧􀀦􀁾􀂷􀀠Rc: Plan No. I ! 1 MICHAEL E. MURPHY, P.E.· cPt.. I Director of Public Works (972) 450-2878 (972) 450-2837 FAX mmurphy@ci.addisoD_tX.US E-mail Town of Addison 16801 Westgrove Dr. P,O. Box 9010, Addison, Texas 75001-9010 TI\7 􀁴􀁾􀀠Pu 􀁖􀀧􀁣􀀮􀀮􀀮􀁾􀁯􀀮􀀮􀁓􀁴􀀺􀀺􀀠􀁾􀁍􀁅􀁎T -􀁴􀀳􀁵􀁾􀂢􀀼􀀻􀀠C;er-t (:eM"f-"l-r 􀁾􀁔􀁁􀀺􀁃􀁾􀁊􀁜􀁾􀁛􀁔􀁲􀀠f(9(l-k-rf-J A-P\2--0 r . 1 􀁾􀁾􀁾􀀠􀁾􀀠􀁾􀁉􀀧􀁦􀁗􀁯􀀮􀀠 􀁾􀁺􀀠 COWLES &THOMPSON A Professi1)nal Corporati1)n ATTORNEYS ANO COUNSELORS ANGELA K. WASHINGTON 214,fin.2144 AWASHINGTON@COWLESTHOMPSON,COM February 22, 2002 Ms. Sandra Goforth Accounting Manager Town of Addison P.O. Box 9010 Addison, TX 75001-9010 RE: ParcellS Arapaho Road Project Phase II Dear Sandra: In connection with Parcel 18 Arapaho Road Project Phase II, enclosed are the following documents: 1. Buyer's Settlement Statement; 2. A copy of the executed Right-of-Way Deed for Parcels 18-1 and 18-2; 3. A copy of the executed Temporary Construction Easement for ParceI18-TE; and 4. A copy of the executed Temporary Construction Easement for Driveway Exhibits A, B, C, and D. Once the Settlement Statement has been executed and the money forwarded to Hexter-Fair, they will forward the purchase price to Aetna and file the documents. Sh?,uld you decide to wire the money to Hexter-Fair, wiring instructions are enclosed. If you havet\my questions or concerns, please give me-( call. "1 􀀧􀁾􀁫􀁲􀁦􀁊􀁾􀀠Angela K. Washington AKW/yjr Enclosures c: Mr. Steve Chutchian (w/Enclosures) Mr. Kenneth Dippel (w/o Enclosures) 􀁾􀁏􀁬􀀠MAIN 5TR€€:T SUITE 4000 DALLAS, TEXAS iS202 37"1J D All A 5 T Y L E R TEL 214,b7Z.2QOO FAX 214.612,Z02/j WWW.COWLESTHOMPSON.COM 02/14/02 􀀱􀀴􀁾􀀳􀀴􀀠FAX 2149873351 I4i 002/003----------------_._--􀁓􀁅􀁔􀁔􀁌􀁾􀀠STATEMENT pate.. ; Februarv 15, 2002 Fi.le fl.: PCOl139259 􀁐􀁡􀁲􀁣􀁥􀁾􀀸􀀠􀁾􀁥􀀭􀁬􀀠& 􀀱􀀸􀀭􀁾􀀮􀀠􀁁􀁤􀁤􀀱􀁾􀀹􀀹􀁾􀁮 􀀢􀀭􀁊􀁔􀁘􀁾______􀁾􀁟􀀮_________________________________________ Bk 􀁩􀀺􀁾􀁾􀁴􀀻􀀠Lint Marsh Bus Pr.:, 􀁾􀁶􀁩􀁤􀀠Myers 􀁓􀁵􀁲􀁹􀁾... :U3 t Da.llas County Tqiil9 SOLLltr Alena.. Life Iruiilurapce Company Suyer lown or Addb:on p lletl of CllI'&;1'lI __􀁾􀀮􀀱􀀳􀀱􀀳􀁾􀀳􀁕􀁄􀁯􀁵􀁾􀁾􀀹􀀡􀁬􀁨􀀧􀁾􀀧􀀡􀀺􀀺􀁾􀁉􀁜􀁾􀀽􀁾􀁮􀁵􀁵􀁾􀀮􀁾􀀮􀀽􀂧􀁾􀁜􀁜􀁾􀁩􀁾􀀢􀁾􀀮􀁣􀀮􀁬􀁬􀁾􀀳􀁕􀁏􀁌􀀧􀀧􀀧􀀧􀀧􀀧􀀧􀁐� �􀀮􀁾􀁬􀁵􀁬􀁾􀁡􀁾􀀮􀀢􀀭􀁾􀁔􀁘􀀬􀀬􀀬􀀢􀁟􀀷􀁾􀀵􀁾􀁚􀁾􀁚􀁡--_____________ 􀁳....________ 􀁈􀁥􀁸􀁴􀁥􀁲􀀭􀁾􀁁􀁩􀁲􀀠Title 􀁾􀁡􀁮􀁹􀀠BOYD'S 􀁬􀁉􀁔􀁁􀁾􀀠Cl!ARGllS era Bu:a:R Purch..¢ Jltrle:•••••• r •••••• r ••• 􀁾􀀠•••••••••• H •••••••• "'H •• • _.r •••••• 􀁾••• 0' •••s 􀁟􀀭􀀭􀀢􀀮􀀢􀀧􀀳􀁾􀀮􀀢􀀧􀀳..􀀹􀁩􀁩􀀮􀀵􀁾􀀮􀀬􀀬􀀰􀀬􀀬􀀰􀀠Doc\DlilOt preptr.ticn to F.;r" W.ttl, P.t............... · •.􀁾􀀠••••··•• ••• _·····s ___________ Tltt. {Myra(\(. to 􀁈􀀮􀀮􀀬􀁬􀁴􀁴􀀮􀁬􀀧􀁾􀁪􀁉􀀮􀁩􀁲􀀠Title 􀁾􀀮􀁟................................s __... 538.00 15.CQSli40l.50 to Oavit;ll.. Fair court.r ...... to KUtf!t'",.lr Tltt. 􀁣􀁾•.••••.•.••••••••􀁾􀀠••••••••••..•••.••S ______􀀲􀀮􀀢􀀰􀁾􀀮􀁾􀀰􀀬􀀬􀁑􀀠 Eserow 'M to Hext.r-f.fr Tltla Ctllfl:Nlny•••••••••••••􀁾􀁾􀀭...................� �􀀠••1 ______1...􀁓􀁾􀀹􀁾􀀮􀁾􀁏􀀢􀀧􀀰􀀠 TOK C.,tHfClt.. UI Hext.r-f.fl" Tttl. CtIftIpany.uu ...........u ........H ••••S __... 􀀭􀀭􀁟􀁾􀀮􀁾􀀹􀁾􀂷􀁷􀀵􀀢􀀧􀀮􀀠 􀁏􀁾􀁛􀁑􀁨􀁴􀀠O.livery to Ruter-fair 11ft. Ct:dpWly...........................􀁾􀀠••$ ___________ itntrict:(ona to IIdtor-F.tr Title. 􀀬􀁾􀁡􀁮􀁹••••••••••••H •••••••••••••••• 􀁾􀁾􀀠••••$ ______􀁾􀀧􀁾􀁯􀁾􀀮􀁾􀁡􀀢􀀧􀀳􀀠 Court Copl .. to He)lc.r-f«'r Tftl_ 􀁾.............................-...􀁾􀀠••$ _________ It:ecotdfnQ feel to D.ltd CN'\ty cle:rll;•••••••••••••, ••• 􀁾􀀠•••••••••••••••••••••􀁾􀀮􀀠_____-"8"5,,."'0"'0 TOTAL 􀁾􀁓􀀠.................􀁾•••••••.••$ __-,0"0".,,2..2,,,'.....,,',,-' CRlWITS TO Dt:I'l'RR 'TOTAL CR!;t)lTS ..................􀁾􀀠.........s: 'rOTJ\L CASH UQm::RZn :ar :StJY.IR •••••••S __-'."......"Z"'Z".C!....i!.... Purd'la..r tndIIl'1Itan:ie ttl. 􀁃􀁬􀁯􀀮􀁴􀁾􀀠of' e.cr4W 􀁾􀁴has HltItIltd tMII In1ornatSCI'I 􀁲􀀨􀁬􀁰􀁲􀀮􀁈􀁉􀀧􀁉􀁴􀁦􀀢􀁾􀀠til. triltlll..ct'lon fr_ the but imoTnetJon .....n.bl. 􀁴􀁾􀀠othar 􀁾􀁦􀁴and ClllVJQt ;u.ll"Mt" en. .«:\joacy thtrllOf. lorry rut 􀁥􀀱􀁉􀁴􀁾􀁕􀀠..s-nt or tander InvolV*d lIty be "",'rddt., • Copy of thla $t.\,.."t. Purch....r Ln:Scrat'" that tex ani tost.lrllf'\C& proratlona ond I"t'5_rvu 101.,_ bAsed on f!9t.lru lor the prtu.:edtng year (tr tupj:ltllld l:Iy oth.,.. M ..tINt... for c:.urr¥lt 􀁾􀀮􀁲􀀮􀀠_rd in the 􀁥􀁾􀁴􀀠01 any cheng, for currel'lt Y4*r••U OOC'ouary tdJ,,*o.rts D.ltt bt rrwdIt t.tWitel'! Pwrr:ilanr ard hUer d{r\X:c. The Ll'lclers(1f'l'td herdy tutJlorlz_ IfEXTY,'Allt flTl.E tcMPANY to: .... eJtp«1dfturn and dl.burtllll.WIU Q uhlJMrl 􀀮􀁾􀀠and sppt"'QVCll I.e for 􀁾􀁴􀀮􀀠The I.I"ICIIrlisned e'.o 􀁬􀁉􀁃􀁵􀀭􀁬􀁾􀀠nClfpt of lOQ/\ tl.ndl, if ;IJlPlfcabt., In the OfOOIZlt ahQwn IIboVIJ and rKIt!pt Of • c;Py 01 tnt, 􀀵􀀻􀁦􀁴􀁾􀁴􀀮􀀠( 2114/2002 Q , :Z9p.II.) 02/14/02 􀀱􀀧􀀺􀁾􀀴􀀠FAl 2149873351 14i002/003---------------_._--February 􀁾􀁓􀁴􀀠2002 PCOl.:l392S9 parge18 19-1 & 􀀱􀀸􀁾􀁾􀁾􀁾􀀮􀁾􀁁􀁾􀁤􀁤􀁾􀁩􀁾􀀮􀁾􀁑􀁾􀁮􀁾􀀮􀀭􀀧􀁔􀁘􀀳􀁌___________________________ _________________ Bk fl;JDe1t Line M.!.r@hBu, PIi. 􀁄􀁾􀁶􀁩􀁤􀀠MYp:s Survev. ""AA923. Dallas County. TI!XilIl SOtl.r ___􀁬􀁁􀁾􀀮􀁾􀁃􀁮􀁾􀁡􀁌􀁊􀁌􀁊􀁩􀁾􀁦􀁾􀁥􀁌􀁊􀁉􀁾􀁮􀁾􀀮􀁄􀁵􀁾􀁲􀁾􀁡􀁰􀁣􀁾􀁾􀁥􀁾􀁃􀁾� �􀁭􀁰􀁾􀁾􀁡􀁮􀁡􀁮􀁶􀁾_____________.______________________-______ Buy.. ,. town ot Ad¢I;l!;OD pt,.:t of ttfH;I'I1I' 8333 DmaFll.as A'W!nu!jI, Suite 1.3,0. Qflla•• TX 1522$ ackter-Fair Title Company BUYER'S STATEMSNT CKARGiS TO BUYER 􀁐􀁜􀁬􀁬􀀢􀁾􀀠􀁐􀁲􀁨􀀺􀀮􀁾......._•••􀁾••• _••.•􀀢􀀧􀀮􀁾􀁾•••••"•••••_........................." •• s ___-'4"lL,..;3!.l9!lS"•􀀮􀁬􀀡􀀰􀁾􀀰􀀠DOC\IIIOO't Preparation to fair' W&t::tt. P.c..............􀁾􀀠.....................s __________ Ttr;L_ tNuranc:.. to H....􀁉􀀺􀀮􀁲􀁾􀀧􀀧􀀧􀁴􀁲􀀠TU:t, 􀁾􀁵•• _ .................._ ..........S _______!}.ScJ!3c!!B ".;;Oj/!/􀀱􀀧􀀵􀀮􀁾􀀮􀀵􀀰􀀠to Davicl L. Fair COUrier Fn1Ii to IfwXttf"-,.tr Tltll 􀁣􀁾........ u •••••_ ..........._._ ••••••'* _______-'2"'0"',..0,,0 E..􀁣􀁲􀀭􀁾􀀠'et' to Hexta,.·',lr 'ttL. CQlllH!(1)'...............􀁾􀀠............u ••-.....t _____􀁊􀁬􀁾􀁓􀀢􀀧􀁏􀀢􀀮􀀱􀀡􀁏􀁾􀁏􀀠 f&:lt ,,"'flue.. t"o Hoxt.,.·Fafr Tttl. CQIIp&nY..u ••••••_ ••••• «u •••••􀁾􀁾􀀠••••••• ____􀀮􀀮􀁣􀁊􀀳􀀺􀁬􀁩􀀰􀀢􀀮􀁬􀀡􀁓􀁾􀂧􀀠cw.,.,..,lght O.Uvery to Muter-'ai,. TItle C01QIn)'......u ...............􀁵􀀮􀁵􀁾••t a..tr{(:tfant to Kutor·,.tr tItle 􀁃􀁾•••􀁾􀀠..............􀁵􀀮􀁾.......... ......1 ______....l,l10"...Sl.!3 Court COpt.. to Hexter-,.ir Title Coq::;ony••• H ................................, _________ RITS ............................. ______ '1'O'l'AL CAS1l UQv:trum B'IC 8VlrZII ........ __􀁾􀀮􀀢􀀧􀀴􀀢􀀮􀀲􀀢􀀧􀀲􀀢􀀧􀀬􀀬•.i.)L., Jtutdl•••r \l'Iditntat'ldt the t'O"'"9 01 fil,CI'OW A;cnt h.......L.. thl, "tn1Qrt'IIIIttM repreuntfn" tht tranlaetfon 1r«a the bttt infotat}Qn a"..ailable fna otfI.r fO'/rcH and Cl/'II'1Ot ;uaratltee thtt a(:cynw:.y th.nof. Urf ,...1 eatllre a;tnt or 1..l'Idcr 􀁉􀁊􀀧􀀱􀂥􀀨􀁬􀁌􀁾􀀠...y b.t furl'll"'fId & copy vf fbi, SUtflNttt. Purena..,. tNIouund. that tv; .find Inwrancllt pror.UOI'UI ond f'ft...-wl lI.re bu«l on ttsrur •• for the prl'eedtns yur O'r 􀁉􀁾􀁴􀁦􀁬􀁤􀀠b)!' oth.... ar .ttfntt.. for 􀁾􀁲􀀮􀀢􀁴􀀠yc:..􀁲􀁾􀀠and ,1'\ the IMtnC O'f Mrf t::hange far current .,..1". aU ne;:"Ary wJJustNnta lUll be rr.t. bdwtef"j Purdlu.r WId kll.r direct. The f.I'W*t".'1'I'*i h.rtby' wctu:rh;. tfEXTY-'AI. TITLE 1!CIfIoAX'( to ..ke: expendttiJl"ft It'd 􀁾􀀱􀀮􀁢􀁵􀁲􀀮􀁉􀁄􀁍􀁕􀀠41 tf\W"I 􀀮􀁾􀀠1M .ppt'OYerI; IMile tor 􀁾􀁴􀀮􀀠Tho Ionitnf'lf'Wd a\.o af;lrI1cwt&ld:gee re«fpt af LOQft 1t.1"1d1, 11 &e:iPlletb\., in the MIOU'It ,howl 􀁾.m ACatPt of a ecpy 01 thft .ttt....t. ToW'll of Addieon _ .., fly: --------------....,:_----"1Tltl••,_________ 02/14/02 􀀱􀀴􀀺􀁾􀀵􀀠FAX 􀀲􀀱􀀴􀀹􀀸􀀷􀀳􀁾􀀵􀀱􀀠DEXTER FAIR TITLE ___----_.---_.-------Ii1l 003/003 Hexter-Fair Title Company . 8333 Dop.9l.as Avenue, Suite 130 Dallas, Tx 15225 WIRING INSTRUCTIONS BANK: BANK OF TEXAS, N.A. 6956 SherrY Lane Suite 1800 Dallas, TX 75225 ABAN: 111014325 TO: Hexter-Fair Title Company ACCTN: 0034695 REFERENCE: GFif PC01139259 NAME: Aetna Life Insurance to Town of Addison 1 Thank you! COWLES &THOMPSON A Professional Corporation ATTORNEYS ANO COUNSELORS ANGEt.A K, WASHINGTON 214.672.2144 AWASHINGTON@COWlESTHOMPSON.COM February 22,2002 Mr, David Spence Hexter-Fair Title Company 8333 Douglas Avenue, Suite 130 Dallas, Texas 75225 RE: Your File No. PC01l39259 Dear David: Enclosed for filing are the following original documents: 1. Right-of-Way Deed for Parcels 18-1 and 18-2; 2, Temporary Construction Easement for Parcel 18-TE; 3, Temporary Construction Easement for Driveway Exhibits A, B, C, and D, r have forwarded the Buyer's Settlement Statement to the Town of Addison. Copies of the file-marked documents should be returned to me. Please advise when the transaction IS complete. Ifyou have any questions or need anything further, please give me a call, AKW/yjr Enclosures c: Mr. Steve Chutchian (w/o Enclosures) Me Kenneth Dippel (w/o Enclosures) 901 MAIN STREET SUITE 4000 DALLAS, TEXAS 752{)2·j79J DALLAS T Y L E R TEL 214.072.2000 fAX 214.672.2020 WWW.COWLESTHOMPSON.COM COWLES &THOMPSON A Professional CorpOration ATTORNEYS AND COUNSELORS ANGeLA K. WASHINGTON 2:14.672:.2144 AWASHINQTON@COWlESTHOMPSON.COM February 22, 2002 VIA FACSIMILE (646) 349-1943 Mr. Chuck Rubenstein Tarragon Realty Investors, Inc. 1775 Broadway, 23rd Floor New York, NY 10019 RE: Waiver and Subordination in Connection with Waterline Easements/Addison, Texas Dear Chuck: Due to matters outside of the City's control, the Town of Addison must commence construction on the water line. Thus, the Town has informed me that if we cannot obtain closure on this matter next week, it will have to forgo the transaction with Tarragon Brooks and redesign the project. The Town is not opposed to additional costs, provided such costs are nominal; however, it cannot afford any additional delay. I am aware that reviews by CapMark and Fannie Mae may not be within your control. Thus, I am copying Melinda Mobley with CapMark so that they are aware of our time frame. I do appreciate your assistance in this matter and will be in touch next week to determine whether closure can be reached or we have to forego the transaction. Sincerely, AKW/yjr c: Ms. Melinda Mobley VIA FACSIMILE (404) 654-2726 Mr. Steve Chutchian Mr. Kenneth Dippel q01 MAIN STREET SUITE 4000 OAlLAS, TEXAS 15202 ]7'13 TEL 214.612.2000 FAX 214.&72.2020DALLAS T Y L E R WWW.f.OWlESTHOMPSON.COM STATE OF TEXAS COUNTY OF DALLAS § § § After Recording Return To: Angela K. Washington Cowles & Thompson 901 Main Street, Suite 4000 Dallas, Texas 75202 RIGHT-OF-WAY DEED DATE: GRANTOR: AETNA LIFE INSURANCE COMPANY clo UBS Realty Investors, L.L.c. 242 Trumbull Street Hartford, Connecticut 06103-1212 GRANTEE: Town of Addison, Texas 5300 Belt Line Road Addison, TX 75001 (Dallas County, Texas) CONSIDERATION: FORTY-THREE THOUSAND THREE HUNDRED NINETY-FIVE DOLLARS AND 00/100 ($43,395.00), in hand paid by Grantee, the receipt and sufficiency of which is acknowledged by Grantor. PROPERTY (INCLUDING ANY IMPROVEMENTS): Two tracts of land, herein referred to as Parcels IS-I and IS-2, together containing approximately 7,679 square feet ofland, and more particularly described in Exhibit A-I (Parcel IS-I Field Note Description) and Exhibit A-2 (Parcel 18-2 Field Notepescription), and depicted on Exhibit 8-1 (parcel \8-\ Survey Depiction) and Exhibit B-2 (Parcel \8-2 Survey Depiction), all of which arelttached hereto and incorporated herein by reference. CONVEYANCE: Grantor, for the consideration described above grants, sells, and conveys to Grantee the Property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and to hold it to Grantee, Grantee's heirs, executors, administrators, successors, and assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, successors, and assigns forever, subject to the Permitted Exceptions (as defined herein}. Grantor binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and forever defend all and singular the Property to Grantee and Grantee's heirs, executors, administrators, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through, or under Grantor, but not otherwise. Special Warranty De-ed -Parcds lS.I & 18..2 -Page 1 (Attna) 􀀰􀀰􀀮􀁸􀁾􀀱􀀢􀀠.\ ).(O? January 31 • 2003 1\ 􀁛􀁓􀁅􀀬􀀴􀁾􀁬􀀠Spftial Warranty Deed-Parcels 18-1 & 18-2-Page 3 (Aelnl) J:)oreWTIt!'U It 9$2911 STATE OF TEXAS § § COUNTY OF DALLAS § Before Me, the undersigned notary public in and for said county and state, on this IS-r day of 􀁾􀁾􀀠,2002, personally appeared R o.,j 􀀧􀁎􀁾􀁾􀀠, known to me to be the ihentical person who executed the within and foregoing document, and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or entity upon behalf of which he acted, executed the instrument, for the uses and purposes therein set forth. Notary ublIc, State ofTexas Print Name: ttl 􀁬􀁾􀀠L. erN. Nt) My Commission Expires: 􀁲􀁾􀁐􀁁f.1 e MICHELE L COVINO • • NOTARY PUSUC. STATE OF TEXAS MY COMMISSION EXPIRES fl9.Z!-2005 Specia. Warranty Deed-Parcels 18-1 & ts..Z-Page4 (Aetna) IkocUI'I'I¢TII. QS2911 Parcel 18-1 Field Note Description Arapaho Road Project Town of Addison Dallas County, Texas BEING a description of a 0.0782 acre (3,407 square foot) tract of land situated in the David Myers Survey, Abstract Number 923, Town of Addison, Dallas County, Texas, and being a portion of a called 12.463 acre tract of land conveyed to Aetna Life Insurance Company on December 21, 1982 and recorded in Volume 82250, Page 0285 of the Deed Records of Dallas County, Texas, also being out of Block 2 of Belt Line-Marsh Business Park. an addition to the Town of Addison, as evidenced by the plat dated December ll, 1979 and recorded in Volume 79252, Page 0210 of said Deed Records, said 0.0782 acre tract of land being more particularly described by metes and bounds as follows; BEGINNING at a 5/8 inch iron rod set for the North corner of a 10 [oot cutback corner located at the Southwest intersection of Realty R0ad 160 feet wide) with Business Avenue (60 feet wide). Joth 􀁳􀁾􀁲􀁾􀁥􀁴􀁳􀀠being dedicated by . he plat of Beltline-Marsh Business Park, an addition to the Town of Aadison, as evidenced by the plat dated April 17, 1978 and recorded in Volume 78155. Page 0001 of said Deed Records, said point also being the most Northerly Northeast corners of said called 12.463 acre tract and said Block 2; THENCE, SOUTH 39"02'36" EAST (Called South 38"51'40" East), along the North lines of said called 12.463 acre tract and said Block 2 and a cutback line, a distance of 15.56 feet to a 5/8 inch iron rod set in the West right of way line of said Business Avenue for the cornman South corner of saidl 10 foot cutback corner and post Easterly Northeast corners of said called 12.463 acre tract18nd said Block 2; THENCE, SOUTH 00·06'18" EAST (Called South 00"04'38" West), departing said cutback line and along the cornman East lines of said called 12.463 acre tract and said Block 2 and West right of way line of said Business Avenue, a distance of 22.60 feet to a 5/8 inch iron rod set in the proposed South right of way line of Arapaho Road; THENCE, departing said common line and along the proposed South right of way line of Arapaho Road the following courses and distances; Page 1 of 3 EXHIBIT A-I PARCEL 19-1 -ARAPAHO ROAD PROJECT NORTH 40·°39'25" WEST, a distance of 49.54 feet to a 5/9" iron set for an angle point; NORTH 77"59'35" WEST, a distance of 429.48 feet to a 5/8" iron set; SOUTH 12°22'29" WEST, a distance of 6.30 feet to a 5/8" iron set; NORTH 79°26'42" WEST, a distance of 222.74 feet to a 5/8 inch iron rod set for an angle point; NORTH 77°5S' 55" WEST, a distance of 79.56 feet to a 5/S" iron rod set in the common North lines of said 12.463 acre tract and said Block 2 and South right of way line of said Realty Road, said point being the beginning of a non-tangent curve to the left; THENCE, departing said line and alc.ng in the common North lines of S.;ij·' 12,463 acre tract and sai '. Block ? and South right of way line of said Realty Read 􀀺􀁾􀁥􀀠following courses and distances; SOUTHEASTERLY, along the arc of a curve to the left having a radius of 530.00 feet, a central angle of 8 °06' 35", a chord bearing South 82"02'12" East for 74.95 feet, for an arc distance of 75.02 feet to a 5/8 inch iron rod set for the point of reverse curvature of a curve to the right; SOUTHEASTERLY, along the arc of said curve to the right having a radius of 470.00 feet, a central ',' ije,'sed by the plat recordLE, 1"'20' 􀀭􀀭􀀭􀀭􀁉􀁐􀁒􀁾􀀺􀀺􀁾􀀺􀁾􀁾􀁾􀁾􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀁾􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭INC. ..1 THE NIH CORNER CF THE TEMPORARY CONSTRUCTION EASEMENT IS LO:::Al'fO 379.88' AT A BEARING CF S18'10'27"£ FROM THE NE CORNER OF" CORNER CLIP AT SE CORNER OF MA'lS-I LN AND ARAPAHO RD. r NE CORNER OF" CORNER CLIP AT SE CORNER OF MARSH LN AND ARAPAHO RD NW CORNER OF TCE 􀁾􀀺􀀭􀀭􀁳7ii􀀺􀁴􀀺􀀲 􀀱􀁾􀀧􀁩􀀺/f 319.88' ARAP AHO ROAD TCE LOCATION MAP DRIVEWAY EXHIBIT C N.T,S. IiI", I JAN 07 2002 2:20PM TOALASERJET 3200 9724502B37 p.4 􀁾􀀠ARAPAHO ROADJ-18-00 ______ __.___________+__________􀀭􀀽􀀽􀁾􀀽􀁳􀀺􀁜􀀽􀀽􀀽􀀠. . PROPOSED ROW EXISTING , 􀀬􀀬􀁾􀀠j • -l '. .•􀁾􀁪􀀠! ) NE CORNER OF TeE DRIVEWAY EASEMENT AREA " 1163 SF = 0.0267 AETNA REAl...TY INVESTORS INC. TI-jE IE CORNER OF THE TEMPORARY CONSTRUCTION EASEt-ENT IS LOCATED 111.22' WEST AND 21.80' NORTH OF THE NW CORNER OF CORNER CLIP AT SW CORNER OF ARN>AHO RD AND eUSINESS AVE. 􀁾􀀠NW CORNER OF CORNER CL IP AT SW CORNER OF ARAPAHO RO AND BUSINESS AVE NE CORNER OF TCE =':', 􀀭􀀭􀀭􀀭􀁹􀀬􀀮􀀭􀀭� �􀁾􀀺􀀺􀀺􀁾􀁴􀁲􀀧􀀼􀀧􀀠'5 V{􀁾--'J 􀀭􀀭􀀮􀀴􀀮􀁾􀀬􀁴􀀠\t4't.'5\ " ./" u t\hG. "" '" 21.80' NORTH \ 􀁾􀀠(' 􀁾􀀠L " o,..,... .0 'li IY ,. ;." , \ 􀁾􀀠AAAPAHO ROAD 􀁾􀀠TeE lOCAT ION MN' '" DRIVEWAY EXHIBIT DNQL-______________________________􀁾___________________J,. N.T .S. After Recordin: Return To: STATE OF TEXAS § Angela K. Washington/Cowles & Thompson § 901 Main Street, Suite 4000 COUNTY OF DALLAS § Dallas, Texas 75202 RIGHT-OF-WAY DEED DATE: _________, 2002 GRANTOR: AETNA LIFE INSURANCE COMPANY c/o UBS Realty Investors, L.L.c. 242 Tnunbull Street Hartford, Connecticut 06103-1212 GRANTEE: Town of Addison, Texas 5300 Belt Line Road Addison, TX 75001 (Dallas County, Texas) CONSIDERATION: FORTY-THREE THOUSAND THREE HUNDRED NINETY -FIVE DOLLARS AND 001I00 ($43,395.00), in hand paid by Grantee, the receipt and sufficiency of which is acknowledged by Grantor. PROPERTY (INCLUDING ANY IMPROVEMENTS): Two tracts of land, herein referred to as Parcels 18-1 and 18-2, together containing approximately 7,679 square feet ofland, and more particularly described in Exhibit A-I (parcel 18-1 Field Note Description) and Exhibit A-2 (parcel 18-2 Field 􀁎􀁯􀁴􀁾􀁥􀁳􀁣􀁲􀁩􀁰􀁴􀁩􀁯􀁮􀀩􀀬􀀠and depicted on Exhibit B-1 (parcel 18-1 Survey Depiction) and Exhibit B-2 (parcel 18-2 Survey Depiction), all all ofwhich 􀁡􀁲􀁾􀁴􀁴􀁡􀁣􀁨􀁥􀁤􀀠hereto and incorporated herein by reference. CONVEYANCE: Grantor, for the consideration described above grants, sells, and conveys to Grantee the Property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and to hold it to Grantee, Grantee's heirs, executors, administrators, successors, and assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, successors, and assigns forever, subject to the Permitted Exceptions (as defined herein). Grantor binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and forever defend all and singnlar the Property to Grantee and Grantee's heirs, executors, administrators, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through, or under Grantor, but not otherwise. Special Warranty Deed -Parcels 􀀱􀀸􀁾􀀱􀀠& 􀀱􀀸􀁾􀀲􀀠-Page 1 (Aetna) Doctunenlll: 982971 The Property is being sold by Grantor to Grantee subject to the Permitted Exceptions, and Grantee hereby accepts title to the Property subject to all of the Permitted Exceptions. The following shall constitute the "Permitted Exceptions": (i) all matters of public record, (ii) all matters that would be revealed by a physical inspection or survey ofthe Property, (iii) all matters common to any plat of subdivision in which the Property is located, and (iv) any discrepancies, . conflicts or shortages in area or boundary lines or any encroachments or protrusions or any overlapping of improvements. The parties hereto agree and acknowledge that the Property shall be conveyed and accepted "AS IS" without representation or warranty, and that Grantor has not made and does not make hereby any representations or warranties, express or implied (other than the warranty of title contained herein) relating to any aspect ofthe Property, and Grantor hereby disclaims and renounces any such representation or warranty. The parties hereto agree and acknowledge that Grantee has conducted such investigations, studies and examinations of the matters deemed by Grantee to be necessary to determine whether the Property, including, but expressly not limited to environmental conditions and all other matters, is acceptable to Grantee. MISCELLANEOUS: (a) Nothing in this instrument shall be construed as a waiver by Grantee ofany utility connection charge or other charges imposed by ordinance or Charter ofthe Town ofAddison. (b) The Property hereby conveyed may be used as a public right-of-way for the passage of vehicular and pedestrian traffic, including (without limitation) streets, roads, sidewalks, utilities, drainage, and other customary uses of public right-or-way. Improvements may be on such grade and according to such plans and specifications as will, in the opinion of Grantee, best serve the public purpose. (c) The consideration described above shan be deemed full compensation for the conveyance of the Property, and for any diminution diminution in value that may result to the remaining property ofGrantor by virtue ofGrantee's use ofthe Property. (d) When the context requires it, singular nouns and pronouns include the plural. 1 􀁅􀁘􀁅􀁃􀁾􀁰􀀧􀁅􀁄effective as ofthe day first written above. "! 􀁁􀁅􀁔􀁎􀁁􀁾􀁓􀁾􀁃􀁅COMPANY tiP By: 􀀭􀁬􀀻􀂣􀁗􀀷􀁦􀁴􀀮􀁾􀀠I􀁾􀀠Print Name: FERNANOOTREVISO =-'--_ Print Title: p.BS'T'VICe PRESIDENT 􀀭􀀺􀁃􀁾􀁇􀁔􀀺􀀩􀁾􀁾􀁾􀀠Print Name:"RQ./, \N1hTfll'EM> Print Title: (.11'( MktJAGEf,. Date: fta2£MAP\ 'I 2co'Z.Special Warranty Deed -Paro ' known to me to b e identical person who executed the within and foregoing document, and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or entity upon behalf of which he acted, executed the instrument, for the uses and purposes therein set forth. lixIH. 􀁾􀀧􀀭􀀭'}". e",'k 􀁾􀁾􀁾􀀧_'__ Notary Public, 􀁓􀁴􀁡􀁾􀀠of Connecticut " Print Name: . WANDA I. CICHOWSKIMy Commission Expires: , ' Notary, Public -.I ' ":0':.'.' My Commission expires ,J"""",,,,,"G'0\ 􀁾􀁯􀀮􀀻􀀺􀀬/\ January 31, 2003 , ' , . '[SE.AlJ] , I \. Special Warranty Deed -Parcels 1S.1 & 􀀱􀀸􀁾􀀱􀀭Page 3 (Aftna) L\ocum¢nt II; "2971 STATE OF TEXAS § § COUNTY OF DALLAS § Before Me, the undersigned notary public in and for said county and state, on this 1$.. day of 􀁾􀁾􀀠,2002, personally appeared R0-,) 􀁜􀁴􀀮􀁊􀁍􀁾􀀠, known to me to be theilientical person who executed the within and foregoing document, and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or entity upon behalf of which he acted, executed the instrument, for the uses and purposes therein set forth. My Commission Expires: rQ"R At ,1 ' e MICHELE L. COVINO • • NOTARYPUBUG, STATE OF TEXAS MYCOMMISSION EXPIRES [19.22.2005 Special Warranty Deed -Parcels 􀀱􀀸􀁾􀀱􀀠& 18·:2 -Page 4 (Aetna) Document 1#: 982971 Parcel 18-1 Field Note Description Arapaho Road Project Town of Addison Dallas County, Texas BEING a description of a 0.0782 acre (3,407 square foot) tract of land situated in the David Myers Survey, Abstract Number 923, Town of Addison, Dallas County, Texas, and being a portion of a called 12.463 acre tract of land conveyed to Aetna Life Insurance Company on December 21, 1982 and recorded in Volume 82250, Page 0285 of the Deed Records of Dallas County, Texas, also being out of Block 2 of Belt Line-Marsh Business Park, an addition to the Town of Addison, as evidenced by the plat dated December· 11, 1979 and recorded in Volume 79252, Page 0210 of said Deed Records, said 0.0782 acre tract of land being more particularly described by metes and bounds as follows; BEGINNING at a 5/8 inch iron rod set for the North corner of a 10 [oat cutback corner located at the Southwest intersection of Realty Road (60 feet wide) with Business Avenue (60 feet wide), both streets being dedicated by . he plat of Beltline-Marsh Business Park, an addition to the Town of Addison, as evidenced by the plat dated April 17, 1978 and . recorded in Volume 78155, Page 0001 of said Deed Records, said point also being the most Northerly Northeast. corners of said called 12.463 acre tract and said Block 2; THENCE, SOUTH 39 ·02' 36" EAST (Called South 38·51' 40" East) , along the North lines of said called 12.463 acre tract and said Block 2 and a cutback line, a distance of 15.56 feet to a 5/8 inch iron rod set in the West right of way line of said Business Avenue for the common South corner of sai<1 10 foot cutback corner and most Easterly Northeast corners of said called 12.463 acre 􀁴􀁲􀁡􀁣􀁴􀁾􀁡􀁮􀁤􀀠said Block 2; THENCE, SOUTH 00·06'18" EAST (Called South 00·04'38" West), departing said cutback line and along the common East lines of said called 12.463 acre tract and said Block 2 and West right of way line of said Business Avenue, a distance of 22.60 feet to a 5/8 inch iron rod set in the proposed South right of way line of Arapaho Road; THENCE, departright of way distances; ing line said of common Arapaho line Road and the along follthe owing proposed courses South and Page 1 of 3 EXHIBIT A-I PARCEL 18-1 -ARAPAHO ROAD PROJECT NORTH 40"38'25-WEST, a distance of 49.54 feet to a 5/8-iron set for an angle point; NORTH 77"59'35" WEST, a distance of 428.48 feet to a 5/8" iron set; SOUTH 12"22'29-WEST, a distance of 6.30 feet to a 5/8-iron set; NORTH 78"26'42" WEST, a distance of 222.74 feet to a 5/8 inch iron rod set for an angle point; NORTH 77"58'55-, WEST, a distance of 79.56 feet to a 5/8" iron rod set in the common North lines of said 12.463 acre tract and said Block 2 and South right of way line of said Realty Road, said point being the beginning of a non-tangent curve to the left; THENCE, departing said line and along in the common North lines of saj ,,: 12.463 acre tract and saL: Block .? and South right of way line of said Realty Road 􀁾􀁨􀁥􀀠following courses and distances; SOUTHEASTERLY, along the arc of a curve to the left having a radius of 530.00 feet, a central angle of 8"06'35-, a chord bearing South 82"02'12-East for 74.95 feet, for an arc distance of 75.02 feet to a 5/8 inch iron rod rod set for the point of reverse curvature of a curve to the right; SOUTHEASTERLY, along the arc of said curve to the right having a radius of 470.00 feet, a central "ngle of 8"06'35", a chord bearing South 82"02'12-East for 66.47 feet, for an arc 􀁤􀁩􀁾􀁡􀁮􀁣􀁥􀀠of 66.52 feet to a 5/8 inch iron rod set for the point of tangency; SOUTH 77°58' 55" EAST (Called South 77"47' 59-East), a distance of 612.28 feet to the POINT OF BEGINNING; CONTAINING an area of 0.0782 acres or 3,407 square feet of land within the metes recited. Page 2 of 3 PARCEL 18-1 -ARAPAHO ROAD PROJECT All bearings are referenced to the North Right of Way line of Centurion Way, called S 89"51'55" E, according to the final plat of Lot 3, Surveyor Addition, recorded in Vol. 77173, Page 135, Deed Records of Dallas County, Texas. A plat of even survey date herewith accompanies this description. I, Ayub R. Sandhu, a Registered Professional Land Surveyor, hereby certify that the legal description hereon and the accompanying plat represent an actual survey made on the ground under my supervision. 􀁾It. 􀁾􀀮c.oQn //-5-4)/Ay b R. Sandhu, R.P.L.S. Texas Registration No. 2910 Page 3 of 3 Parcel 18-2 Field Note Description Arapaho Road Project Town of Addison Dallas County, Texas BEING a description of a 0.0981 acre (4,272 square foot) tract of land situated in the David Myers Survey, Abstract Number 923, Town of Addison, Dallas County, Texas, and being a portion of a called 12.463 acre tract of land conveyed to Aetna Life Insurance Company recorded in Volume 82250, Page 0285 of the Deed Records of Dallas County, Texas, also being out of Block 2 of Belt Line-Marsh Business Park, an addition to the Town of Addison, as evidenced by the plat recorded in Volume 79252, Page 0210 of said Deed Records, said 0.0029 acre tract of land being more particularly described by metes and bounds as follows; BEGINNING at a 5/8 inch iron rod set for the South corner of a 15 foot cutback corner located at the Southeast intersection of Realty Road (variable width) ',o/ith Marsh Lane (100 feet wide), both streets being dedicated by the plat of Beltline-Marsh Business Park, an addition to the Town of Addison, as 􀀧􀀧􀀿􀁶􀁩􀁤􀁥􀁬􀁾􀁣􀁥􀁤􀀠by the plat recorded in Volume 78155, Page 0001 of said Deed Records, said point also being the most Westerly Northwest corners of said called 12.463 acre tract and said Block 2; THENCE, NORTH 66°51' 14" EAST (Called North 67°02' 44" East), along the common North lines of said called 12.463 acre tract and said Block 2 and a cutback line, a distance of 24.53 feet to a 5/8 inch iron rod set in the South right of way line of said Realty Road for the common North corner of said cutback corner and most Northerly Northwest corners of said called 12.463 acre tract and said Block 2; l THENCE, sduTH 77°58'55" EAST (Called South 77°47'59" East), departing said cutback line and along the common North lines of said called 12.463 acre tract and said Block 2 and South right of way line of said Realty Road, a distance of 138.76 feet to a 5/8 inch iron rod set in the proposed South Right of way of Arapaho Road; THENCE, departing said common line and along the proposed South right of way line of Arapho Road the following courses and distances: NORTH 84°19' 52" WEST, a distance of 16.37 feet to a 5/8 inch iron rod set for the beginning of a tangent curve to the left; Page 1 of 3 EXHmITA-2 PARCEL 18-2 -ARAPAHO ROAD PROJECT WESTERLY, along the arc of said curve to the left having a radius of 190.50 feet, a central angle of 07 °34' 55", a chord bearing North 88°07'20" West for 25.19 feet, for an arc distance of 25.21 feet to a 5/8 inch iron rod set for the point of reverse curvature to a curve to the right; WESTERLY, along the arc of said curve to the right having a radius of 209.50 feet, a central angle of 13°28' 05", a chord bearing North 85°10'44" West for 49.13 feet, for an arc distance of 49.25 feet to a 5/8 inch iron rod set for the point of tangency of said curve; NORTH 78°26' 42" WEST, a distance of 21. 38 feet to a 5/8 inch iron rod set for the beginning of a tangent curve to the left; SOUTHWESTERLY, along the arc of said curve to the left having a radius of 50.50 feet, a central angle of 69°49'24", a chord bearing South 66°38'36" West for 57.80 ..􀁾􀀬􀀠feet, for an arc distance of 61.54 feet to a 5/8 inch iron rod set for the point of tangency of said curve in t;he proposed East line of Marsh Lane; THENCE, departing said proposed South line of Arapaho Road and along said proposed East line of Marsh Lane the following courses and distances; SOUTH 31°43' 54" WEST, a distance of 149.04 feet to a 5/8 inch iron rod set for the beginning of a tangent curve to the right; , SOUTHWESTERLY, along the arc of said cu'\:ve to the right 􀁨􀁡􀁶􀁩􀁾􀀠a radius of 159.50 feet, a central angle of 6°19' 20", a chord bearing South 34 ° 53' 34" West for 17.59 £eet, for·an arc distance of 17.60 feet to a 5/8 inch iron rod set for the point of tangency of said curve; SOUTH 38°03'14" WEST, a distance of 72.77 feet to a 5/8 inch iron rod set for the beginning of a tangent curve to the left; Page 2 of 3 PARCEL 18-2 -ARAPAHO ROAD PROJECT SOUTHWESTERLY, along the arc of said curve to the left having a radius of 290.50 feet, a central angle of 7 °55' 19", a chord bearing South 3 4 ° 05' 35" West for 4 0 . 13 feet, for an arc distance of 40.17 feet to a 5/8 inch iron rod set for the end of said curve being in a curve of the corrunon existing East right of way line of said Marsh Lane and West line of said called 12.463 acre tract and said Block 2; THENCE, NORTHEASTERLY, departing said proposed East right of way line of Marsh Lane, along said corrunon existing East right of way line of Marsh Land and West line of said called 12.463 acre tract and said Block 2 and along the arc of said curve to the right, having a radius of 1223.24 feet, a central angle of 01 °34' 35", a chord bearing North 30°55' 13" East for 33.65 feet, for an arc distance of 33.65 feet to a 5/8 inch iron rod set for the point of tangency of said curve; THENCE, NORTH 31 °42' 30" EAST (Called North 31 °53' 26" East), , ' _ continuing along said corrunon line, a distance of 275.26 feet to the POINT OF BEGINNING; CONTAINING an area of 0.0981 acres or 4,272 square feet of land within the metes recited. All bearings are referenced to the North Right of Way line of Centurion Way, called S 89"51'55" E, according to the final plat of Lot 3, Surveyor Addition, recorded in Vol. 77173, Page 135, Deed Records of Dallas County, Texas. A plat of even survey date herewith laccompanies this description. 􀁾􀀠., I, Ayub R. Sandhu, a Registered Professional Land Surveyor, hereby certify that the legal description hereon and the accompanying plat represent an actual survey made on the ground under my supervision. 􀁾􀁑􀂣􀀮􀁾􀀠;t-/2¥_o( A ub R. Sandhu, R.P.L.S. Texas Registration No. 2910 Page 3 of 3 ---EXHIBIT B-1 UNE TABLE UNE BEARING CAU.EO DIST SAU£() Ll SlS"S1'-40"£S 2'36" E 15.56' L2 S 00"06'18" E SOO'O"38"W 22.60' L3 N 40'38'25' W 49.54' L4 S 12'22'29' W 6.30' L5 N 77'58'55' W 79.56' CURVE TABLE CHORD CURVE DELTA RADIUS LENGTH C1 8"06'35" 530.00' 75.02' S 82'02'12' E 74.95' C2 8"06'35" 470.00' 66.52' S 82'02'12" E 66.47' 1Q)b.\WHIQ) 􀁉􀁍􀁉􀁗􀁾􀁾􀀤􀀠􀀤􀀱􀁬􀁊􀁊􀁾􀁗􀁛􀁧􀁗􀀠 􀁢􀀮􀁜􀀢􀀧􀁾􀁾􀁾􀀠02 N 78'26'􀀴􀀲􀁾􀀮􀀮􀁊􀀠W .222.74' L4 BELT LINE -MARSH BUSINESS PARK DECEMBER 11. 1979 BLOCK 2 VOL 79252, PG. 0210 D.R.D.C.T. NOTES: ALL EASEMENTS SHOWN ARE TAKEN FROM THE PLATS INDICATED HEREON. THE SURVEYOR DID NOT ABSTRACT THE SUBJECT PROPERTY SO ALL EASEMENTS MAY NOT BE SHOWN. ALL BEARINGS ARE REFERENCED TO THE NORTH RIGHT OF WAY LINE OF CENTURION WAY. CALLED S 89'51'55" E. ACCORDING 􀁔􀁏􀁾􀁔􀁈􀁅􀀠.\ . DENOTES A FOUND POINT AS !WDICATED FINAL PLAT OF LOT 3. SURVEYOR ADDlnON, RECORDED IN vOL. •• DENOTES A 5/8" IRON ROD 􀁾UNLESS77173. PACE 135. D.R.D.C, T. OTHERWISE NOTED ---PROPOSED RIGHT OF WAY UNEA LEGAL DESCRIPnON OF EVEN SURVEY DATE HEREWITH ACCOMPANIES THIS PLAT. . ! " .. ""J CALLED 12.463 AC. AETNA UFE INSURANCE COMPANY DECEMBER 21. 1982 \, \VOL 82250. PG. 285 D.R.D.C.T. PARCEL 18-1 A PLAT OF A -0.0782 ACRE (3,407 SQ. FT.) TRACT OF LAND IN lHE DAVlD MYERS SURVEY ABSTRACT NO. 923 T0WN OF ADDISON DALt'AS COUNTY, lEXAS o 50 100 200 .... _--GRAPHIC SCALE 1 INCH = 100 FT. " ...,-",". 'c_ -".;• .... -: 􀀭􀁾􀀺􀀠.. • • ,'0 . -." ' '. 􀁾􀀮􀀠--. -'--'. ---􀀦􀀢􀂮􀀲􀁾􀀠PARCEL 18-2, 18-TE A PLAT OF A 0.0981 ACRE (4,272 SO. FT.), 0.0275 ACRE (1.197 SO. FT.) NOTES: TRACTS OF LAND IN THE DAVID MYERS SURVEYALL EASEMENTS SHOWN ARE TAKEN FROM THE PLATS INDICATED ABS TRACT NO. 923HEREON. THE SURVEYOR DID NOT ABSTRACT THE SUBJECT 􀀧􀁾􀀠.. , 􀀬􀁾􀀬􀀠􀁔􀁾􀁗􀁎􀀠OF ADDISONPROPERTY SO ALL EASEMENTS MAY NOT BE SHOWN. DAU).S COUNTY. TEXAS ALL BEARINGS 'ARE REFERENCED TO THE NORTH RIGHT 􀁾􀀮WAY DENOTES A FOUND POINT ASotNDlCATEDLINE OF CENTURION WAY, CALLED S B9'5I'55" E. 􀁁􀁃􀁃􀁏􀁒􀁄􀁾􀁇􀀠TO a 50 100 200DENOTES A 5/8" IRON ROD SET UNLESS ", ,,,o.\J . 100THE FINAL PLAT OF LOT 3, SURVEYOR ADDITION. RECORDED IN • OTHERWISE NOTED • 􀁾􀀠--I '1iiiI....iiiiil VOl. 77173, PAGE 135, D.R.D.C.T.. PROPOSED RIGHT OF WAY UNE 􀁁􀁲􀁾)(. 􀁾.....Jlo GRAPHIC SCALEA LEGAL DESCRIPTION OF EVEN SURVEY DATE HEREWITH '7-􀁾􀀿􀀧􀁟􀁯􀀯􀀠1 INCH == 100 FT.ACCOMPANIES THIS PLAT. " C8 \ I 􀁾􀀠, 538'03'14-. 72.17 BELT liNE-MARSH BUSINESS PARK DECEMBER II, 1979 VOl. 79252. PG. 0210 D.R.D.C.T. LJ -""-.. L2,\ C2 \ MARSH LANE 100' R.O••• APRIL 17, 1978 IIOL. 78155, PC. 0001 D.R.D.C.T. P 0 B (CAU£D 1'13"53'26"£) ••• N 3 '31)-E -275. ' ..,.,.,.... BLOCK 2 CAU..ED 12.463 AC. AElNA UFE INSURANCE ( 􀁾􀀸􀀭􀁔􀁅􀀠COWPANY DECEMBER 21, 1982 VOL. 82250. Pc. 285 D.R.D.C.T. \. EXHIBIT B-2 (CAUED 􀁎􀀶􀀷􀁗􀁾􀁾􀀢􀁅􀀩􀀠N66'51'14"E 24.53' 􀁀􀁾WII@IMIYrElF!!$ $lIJJIF!!WrEY L4 UNE BEARING II N 84'19'5 " L2 N "'2·42-13 31'4 '54' E L4 S 11'33'07" W 15 N '19'52' l6 S 1 '3 '19' W L7 N 7 "2 '42' W LB S 31'43'54' W 19 16'05" UNE TABLE Cl.U£I) DlST 16.37' 21.38' 32.23' 4.02' 15.96' 3.01' 21.38' 32.23' 7.00' CAUEO " . "., -. 􀀮􀀭􀁾􀀠. -"," \. . . 􀁾􀀠􀀺􀁾􀀠.-",-: ,,'.-'.,' . --. 􀁾􀀠---􀁾􀀢􀀠-".-.;-. .',􀁾􀀧􀀮􀀠 TEMPORARY CONSTRUCTION EASEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF DALLAS § THAT AETNA LIFE INSURANCE COMPANY, hereinafter called GRANTOR, having an address at c/o UBS Realty Investors, L.L.C., 242 Trumbull Street, Hartford, Connecticut 06103·1212, for and in consideration of the sum of ONE DOLLAR ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does by these presents grant, sell and convey to the Town of Addison, hereinafter called GRANTEE, having an address at 5300 Belt Line Road, Addison, Texas 75001, a temporary easement and right to pass over, along, under and across a portion of GRANTOR'S property (the "Easement Rights"), shown and depicted on EXHIBIT B, attached to and incorporated herein (the "Easement Area"), for the purpose of constructing a roadway to be known as Arapaho Road (the "Roadway"). The Easement Area is described as follows: See attached EXHIBIT A (Field Note Description for Parcel 18·TE), which is made a part ofthis easement as iffully copied herein. This temporary construction easement shall only be used by GRANTEE and its contractors in connection with the construction of the Roadway adjacent to the Easement Area and shall terminate 24 months from the date ofthe Notice to Proceed with construction under the construction contract for the Roadway adjacent to the Easement Area, or upon completion of the construction of the portion ofthe Roadway adjacent to the Easement Area, or thirty (30) months following the date hereof, whichever is earlier. Upon the expiration of this temporary construction 􀁥􀁡􀁳􀁥􀁭􀁾􀁴􀀠by the terms hereof, Grantee, at its sq)e cost and expense, shall promptly restore and repair the Easement Area to the same or better iiJ,ndition existing as of the date of this temporary construction easement and to Grantor's reasonable satisfaction. Further, if any disturbance or damage to any of Grantor's property other than the Easement Area as specifically contemplated herein is caused by Grantee's exercise of any of the Easement Rights or use of the Easement Area, at Grantor's option, Grantee, at its sole cost and expense, shall promptly restore and repair any disturbed or damaged area to the same or better condition existing as of the date of this temporary construction easement and to Grantor's reasonable satisfaction (collectively, the "Restoration Obligations"). Grantor shall exercise such option by written notice thereof to Grantee within 10 days after the termination or expiration of this temporary construction easement. The Restoration Obligations shall apply to the Easement Area upon the expiration of this temporary construction easement by the terms hereof The Restoration Obligations shaH survive the termination or expiration of this temporary construction easement and any ofthe Easement Rights. Temporary Construction Easement-Parcel 18-TE (Aetna) Page 1 Grantee understands and agrees that by Grantor's grant of the Easement Rights, Grantor is not representing nor warranting as to any matter or condition (express or implied) and Grantor specifically negates and disclaims any representations and warranties, including without limitation, any representations and warranties with respect to the adequacy or sufficiency of any of the easement or otherwise, and the easement and the grant of the Easement Rights are and shall be "AS IS, WHERE IS, WITH ALL FAULTS" with no representation or warranty other than the warranty of title set forth herein. Grantee shall indemnifY and hold harmless Grantor and its affiliates and partners and respective officers, directors and employees from and against any and all liability, actions, causes of action, dsmages, claims, lawsuits, judgments costs and expenses for personal injury or property damage suffered by any person to the extent that such injury or dsmage is caused by any act or omission of Grantee in connection with work performed by or for Grantee under this temporary construction easement; provided, however, that such indemnity is provided by Grantee without waiving any immunity that it may be entitled to, and further such indemnity is subject to and shall not exceed the monetary limitations of damages as set forth in the applicable provisions ofthe Texas Tort Claims Act, as amended. In providing this indemnity, Grantee is not waiving any defense afforded by federal or Texas law, and this indemnity is solely for the benefit of Grantor and its affiliates and respective officers, directors and employees and· is not intended to create or grant any rights, contractual or otherwise, to any other person or entity. This indemnification shall survive the termination or expiration of this Easement Agreement and any of the Easement Rights. Grantee shall name Grantor as an additional insured on its insurance policy for purposes ofprotecting Grantor against any claims, liabilities, losses or suits arising out of or in connection with Grantee's use of the Easement Area or work performed by or for Grantee under this temporary construction easement. Grantee has delivered to Grantor a certificate evidencing the insurance coverage required hereunder. Grantee shall deliver such a certificate to Grantor annually during the effective period of this easement, and such certificate shaH require the insurance carrier to endeavor to mail 30 days written notice to Grantor of any cancellation or material change. In addition, in the event of cancellation or material change, Grantee shall provide notice to Grantor of such cancellation or material change witljn 10 days after its receipt of such notice q,y the insurance carrier. Premiums with respect to policies required to be carried by Grantee wi\Qle paid by Grantee. TO HAVE AND TO HOLD unto the Town of Addison, Texas as aforesaid, for the purposes and on the conditions set forth hereinabove, the easement and Easement Area described above. GRANTOR binds GRANTOR and GRANTOR'S heirs, executors, administrators, and successors to warrant and defend all and singular the Easement Area to Grantee for the duration and purposes set out herein against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through or under Grantor, but not otherwise. This temporary construction easement and the Easement Area is subject to: (i) all matters ofpublic record, (ii) all matters that would be revealed by a physical inspection or survey of the Easement Area, (iii) all matters common to any plat of subdivision in which the Easement Area is located, and (iv) any Temporary Construction Easement -Parcells.. TE (Aetna) Page 2 discrepancies, conflicts or shortages in area or boundary lines or any encroachments or protrusions or any overlapping ofimprovements. EXECUTED this ___dayof________" 2002. GRANTOR AETNA LIFE INSURANCE COMPANY . R PRESIDENT 􀁁􀁃􀁃􀁅􀁐􀁾􀁲􀁺􀀺􀁜􀁏􀁾􀀼􀀭0 Print Name:RcN􀀭􀀱􀁲􀁊􀁴􀁨􀁾􀀠 Print Title: CIT"( mA-tJ 􀁲􀀮􀀭􀁾􀀠 Date: Temporary Construction Easement-Parcel 18-TE (Aetna) Fo,<3 STATE OF CONNECTICUT § COUNTY OF HARTFORD § BEFORE ME, the undersigned notary public in and for said county and state, on this 􀁾􀀮􀀠day of 􀀮􀁾􀀬􀀮􀀬􀀬􀀬􀀬􀀬􀀬􀁣􀀬􀀠vv\ , 2002, personally appeared 􀁦􀁕􀁍􀀢􀀧􀁾􀀬􀁡􀀠"'"("ui"»Q , known to me to be the idilfuical person who executed the within and foregoing document, and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person or entity upon behalf of which he acted, executed the instrument, for the uses and purposes therein set forth. GIVEN UNDER my hand and seal ofoffice the day and year last above written. WANDA I. CICHOWSKI Notary Public MY COMMISSION EXPIRES: My Commission Expires January 31, 2003 . • .." 1 " .? 'J; . [S:EAL1 Temporary Construction Easement -Parcelltl..TE (Aetna) Page 4 STATE OF TEXAS § COUNTY OF DALLAS § BEFORE ME, the undersigned notary public in and for said county and state, on this I".:;K day of 􀁾,2002, personally appeared 1.: ON W H1 't'"E' Jh.,:AA , known to me to be the 􀁩􀁤􀁥􀁮􀁴􀁩􀁾􀁡􀀱􀀠person who executed the within and foregoing document, and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person or entity upon behalf of which he acted, executed the instrument, for the uses and purposes therein set forth. GIVEN UNDER my hand and seal ofoffice the day and year last above written. Notary ublic, State ofTexas Print Name: 􀁍􀁬􀁾􀀠L. CoV.N\) MY COMMISSION EXPIRES: [SEAL] MICHELE L. COVINO • • NOTARY PUBLIC, STAlE OF TEXAS 􀁾􀀧􀀢􀀠MY COMMISSION EXPIRES 09-22-2005􀁥􀁾􀀠Temporary Construction Easement-ParceilS-TE (Aetna) 'ageS Parcel 18-TE Field Note Description Arapaho Road Project Town of Addison Dallas County, Texas BEING a description of a 0.0275 acre (1,197 square foot) tract of land situated in the David Myers Survey, Abstract Number 923, Town of Addison, Dallas County, Texas, and being a portion of a called 12.463 acre tract of land conveyed to Aetna Life Insurance Company recorded in Volume 82250, Page 0285 of the Deed Records of Dallas County, Texas, also being out of Block 2 of Belt Line-Marsh Business Park, an addition to the· Town of Addison, as evidenced by the plat recorded in Volume 79252, Page 0210 of said Deed Records, said 0.0029 acre tract of land being more. particularly described by metes and bounds as follows; COMMENCING at a 5/8 inch iron rod set for the South corner of a 15 foot cutback corner located at the Southeast intersection of Realty Road (variable width) with Marsh Lane (100 feet wide), both streets being dedicated by the plat of Beltline-Marsh Business Park, an addition to the Town. of Addison, as as evidenced by the plat recorded in Volume 78155, Page 0001 of said Deed Records, said point also being the most Westerly Northwest corners of said called 12.463 􀁡􀁣􀁲􀁾􀀠tract and said Block 2; THENCE, NORTH 66°51'14" EAST (Called North 67°02'44" East), along the common North lines of said called 12.463 acre tract and said Block 2 and a cutback line, a distance of 24.53 feet to a 5/8 inch iron rod set in the South right of way line of said Realty Road for the common North corner of said cutback corner and most Northerly Northwest corners of said called 12.463 acre tract and said Block 2; 1 THENCE, 􀁓􀁾􀁕􀁔􀁈􀀠77°58' 55" EAST (Called South 77°47' 59" East), departing said cutback line and along the common North lines of said called 12.463 acre tract and said Block 2 and Sout6 right of way line of said Realty Road, a distance of 138.76 feet to a 5/8 inch iron rod set in the proposed South Right of way of Arapaho Road for the Northeast corner and POINT OF BEGINNING of the herein described tract; THENCE, SOUTH 11°33' 07" WEST, departing said common line, a distance of 4.02 feet to a point for corner; THENCE, along the Southerly line of the herein described tract the following courses and distances: Page 1 of 4 EXHIBIT A PARCEL 18-TE -ARAPAHO ROAD PROJECT NORTH 84°19'52" WEST, a distance of 15.96 feet to the point of curvature of a curve to the ft; WESTERLY, along the arc of said curve to the left having a radius of 186.50 feet, a central angle of 07 ° 34' 55", a chord bearing North 88 °07' 20" West for 24.66 feet, for an arc distance of 24.68 feet to the point of reverse curvature to a curve to the right; WESTERLY, along the arc of said curve to the right having a radius of 213.50 feet, a central angle of 08°19'37", a chord bearing North 87°44' 59" West for 31.00 feet, for an arc distance of 31.03 feet to the end of said curve; SOUTH 11°33'19 WEST, a distance of 3.01 feet to the beginning of a non-tangent curve to the right: WESTERLY, along the arc of said curve to the right havin9 a radius of 216.50 feet, a central angle of 05°01'11", a chord bearing North 80°58'47" West for 19.15 feet, for an arc distance of 19.16 curve; feet to the point of tangency of said NORTH 78°26'42" WEST, beginning of a tangent a curve distance to the of left; 21.38 feet to the SOUTHWESTERLY, along the arc of said curve to the left having a radius of 43.50 feet, a central angle of 69°49' 24", a chord bearing South 66°38' 36" West for 49.79 feet, for an arc distance of 53.01 feet to the point of tangency of said curve; 1 SOUTtr131 °43' 54" WEST, a distance of 32.23 feet to a point for corner; NORTH 58 °16' 05" WEST, a distance of 7.00 feet to a point in the proposed East line of Marsh Lane; THENCE, departing said line and along the corrunon West line of the herein described tract and said proposed East 'line of March Lane the following courses and distances: NORTH 31°43' 54" EAST, a distance of 32.23 feet to a the beginning of a tangent curve to the right; PARCEL l8-TE -ARAPAHO ROAD PROJECT NORTHEASTERLY, along the arc of said curve to the right having a radius of 50.50 feet, a central angle of 69"49'24", a chord bearing North 66"38'36" East for 57.80 feet, for an arc distance of 61.54 feet to the point of tangency of said curve in the proposed South right of way line of Arapaho Road; THENCE, departing said common line and along the common North line of the herein described tract and said proposed South right of way line of Arapaho Road the following courses and distances; SOUTH 78"26'42" EAST, a distance of 21.38 feet to the beginning of a tangent curve to the left; EASTERLY, along the arc of said curve to the left having a radius of 209.50 feet, a central angle of 13"28' OS", a chord bearing South 85"10'44" East for 49.13 feet, for an arc distance of 49.25 feet to the point of reverse curvature for a curve to the right; 􀁅􀁁􀁓􀁔􀁅􀁒􀁌􀁙􀁾􀀠along the arc of said curve to the'right having d radius of 190.50 feet, a central angle of 07"34' 55", a chord bearing bearing South 88"07'20" East for 25.19 feet, for an arc distance of 25.21 feet to the point of tangency of said curvei SOUTH 84"19'52" E:AST, a distance of 16.37 feet to the POINT OF BEGINNING; CONTAINING an area of 0.0275 acres or 1,197 square feet of land within the metes recited. 1 􀁾􀀠"! Page 3 of 4 PARCEL 18-TE -ARAPAHO ROAD PROJECT All bearings are referenced to the North Right of Way line of Centurion Way, called S 89°51'55" E, according to the final plat of Lot 3, Surveyor Addition, recorded in Vol. 77173, Page 135, Deed Records of Dallas County, Texas. A plat of even survey date herewith accompanies this description. I, Ayub R. Sandhu, a Registered Professional Land Surveyor, hereby certify that the legal description hereon and the accompanying plat represent an actual survey made on the ground under my supervision. 􀁾􀁥􀁤􀁴􀂣􀀮􀁾􀁾􀀠-rD-ol Ay R. Sandhu, R.P.L.S. Texas Registration No. 2910 Page 4 of 4. " ', ' >4_'_ . . 􀁾􀀮􀀠. EXHIBIT "B" i, .. DELTA 7'34'55" 13'28'OS"," , ',., 69'49'24"., 6'19'20"'" '" ··MARSH LANE .' 􀀻􀀮􀁾􀀧􀀠.' 􀁾􀀠o 􀁾􀀬􀀺􀀠• 7"55'19"100', R.O.W. "1"34'35"(CAU.ED N67'OZ·..'E)APRIL 17, 1978 7'34'55"'VO!..:JS155.-'PC:1'OOf ":' N66"51'14"E . " 􀁾􀀭􀀢􀀠, ' 8'19'37". -D.R.D.C.T. P 0 B 24.53' ' (CALlED N31"53'2S'Ej ,., S'OI'11" _ N 􀀳􀁩􀀮􀁾􀀲􀀧􀀳􀀰􀂷􀀠E ..., 275.2 ! ------=X.7 􀁾􀀠􀂷􀁨􀀮􀀧􀀭􀀺􀀭􀀭􀀭􀀭􀀭􀀮􀀻􀀮􀀻􀀻􀀧􀀭􀁾􀀭='--'--69'49'24" -,,'f"' CiJ...􀁾􀁓􀀳􀀺􀁾..􀀨􀁪􀀬􀀭􀀬􀀧􀁬􀀺􀁾􀁜􀀠􀀻􀁾􀁾􀁲􀀱􀀸􀀭􀀲􀁾􀀠( '\\ 􀁾􀁜􀁜􀁾􀁜􀀠BELT LINE-MARSH BUSINESS PARK DECEMBER II, 1979 BLOCK 2 \18-TE '-. , :ct.,,: 􀁾􀀡􀀧􀁾􀁴􀀠VOL, 792S2. PG. 0210 CAllED 12.483 AC. \ \ '('",D.R.D.C.T. AETNA 􀁾􀁾􀁰􀀺􀀺􀁾􀁕􀁒􀁁􀁎􀁃􀁅􀀢􀀠\ '\ 􀀱􀁾" DECEMBER 21, 1982 '-.J 􀁾􀀢􀀬􀁬􀀻􀀮􀀮􀀬􀀠VOL 82250, PG. 285 "-􀁾􀁁􀀱􀁹􀀧􀀠-'"' 􀁾􀀭􀀬􀀮􀁴􀀮􀀮, . 􀁾􀀠-.', D.RD.C.T. PO B 􀁇􀁬􀁾􀁾􀀠, , , 􀀧􀁐􀁾􀁾􀀠􀁜􀁾􀀠􀁾􀀢.... 􀁾'(\."""􀁾􀀻􀀬􀀠􀁾􀀧􀀪􀀧'0'1; 􀁾􀀠• (Pi., 􀀮􀁾􀀠􀁉􀁄􀀩􀁾WOlD) 􀁉􀁍􀁉􀁗􀁾􀁉􀁒􀁬􀁾􀀠􀁾􀁉􀁕􀁊􀁉􀁒􀁬􀁗􀁉􀁅􀁗􀀠􀁾􀁄􀁾􀁾􀀤􀀠..,,' • NOTES: ALL EASEMENTS SHOWN ARE TAKEN FROM THE PLATS INDICATED HEREON, THE SURVEYOR DID NOT ABSTRACT THE SUBJECT PROPERTY SO ALL EASEMENTS MAY NOT BE SHOWN. ALL BEARINGS ARE REFERENCED TO THE NORTH RIGHT OF WAY LINE OF CENTURION WAY. CALLED S 89'SI 'SS" E, 􀁁􀁃􀁃􀁏􀁒􀁄􀁉􀁾􀀠TO THE FINAL PLAT OF LOT 3, SURVEYOR ADDITION, RECORDED' IN VOL 77173, PAGE 13S, D.R.D.C,T. A LEGAL DESCRIPllON OF EVEN SURVEY DATE HEREWITH ACCOMPANIES THIS PLAT. ,--_.----,-,. ".':;' ", -'. -. 􀀧􀀭􀁾􀀺􀀧􀀠"-.!-.-. . · "'-. · 7. · ,-'"' .' ,.;. " -"---.. ,.. 􀀭􀁾􀀺􀀭􀀧􀀭.>" ,.,.,.-....... :.-".: .. ."-􀀭􀁾􀀮􀀠. " . CURVE RADIUS LENGTH CHORD • Cl 190.50' 25.21' N B8'07'20" W -􀀲􀁓􀀧􀁉􀁾􀀮􀀠C2 49.2S' N 8S'10'«" W -49.13'209.S0' C3 S 66'36'36" W S7.00' C4 50.50' 61.54' 159.50' , S 34"53'34" W 17.59' C5 17.60' 290.50' 40.17' S 34'05'35" W -40.13' C6 1,223.24 33.65' N 30"55'13" E -33.6S' C7 186.S0' 24.68' N 88'07'20" W -􀀲􀀴􀁾􀀶􀀶􀀭ca 213.50' 31.03' N 87«'59" W -31.00' C9 19.16'216.50' N 80'58'47" W -19,15' Cl0 S 66'38'36" W -49.79'43.50' 43.50' 53.01' UNE Ll 12 L3 L4 L5 LS L7 L8 L9 N 78'26'42" W S 31'43'54" W N 58'16'OS" W BEARING N 84'19'52" w N 78'26'42" w N 31'43'54" I" S 11 '3."1'07" w N 84'19'52" w S 11'33'19" W CURVE TABLE UNE TABLE CALLED DJST 16.37'-21,38'-32.23' --4.02' 15.96' --3.01' -21.3S' 32.23' -7.00' PARCEL 18-2. 18-1£ A PLAT OF A 0,0981 ACRE (4.272 SQ, FT.)• 0.0275 ACRE (1.197 SQ. FT.) TRACTS OF LAND IN lHE DAVID MYERS SURVEY ABSTRACT NO. 923 ToliN OF ADDISON 􀁄􀁁􀁾􀀠COUNTY, 1£ XAS 100 () 􀁾__.._! 50 I 100 I 200 ! GRAPHIC 1 INCH = SCALE 100 FT. -,'(-1.:· . .'': l TEMPORARY CONSTRUCTION EASEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF DALLAS § THAT AETNA LIFE INSURANCE COMPANY, hereinafter called GRANTOR, having an address at clo UBS Realty Investors, L.L.C., 242 Trumbull Street, Hartford, Connecticut 06103-1212, for and in consideration of the stun of ONE DOLLAR ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does by these presents grant, selI and convey to the Town of Addison, hereinafter calIed GRANTEE, having an address at 5300 Belt Line Road, Addison, Texas 75001, a temporary easement and right to pass over, along, under and across portions of GRANTOR'S property (the "Easement Rights"), as shown and depicted on Arapaho Road Driveway Exhibit A ("Easement Area 1 "), Arapaho Road Driveway Exhibit B ("Easement Area 2"), Arapaho Road Driveway Exhibit C ("Easement Area 3"), and Arapaho Road Driveway Exhibit D ("Easement Area 4"), all attached hereto and incorporated herein (Easement Area 1, Easement Area 2, Easement Area 3 and Easement Area 4 shall be collectively referred to herein as the "Easement Area"), for the purpose of constructing a roadway to be known as Arapaho Road (the "Roadway"). This temporary construction easement shall only be used by GRANTEE and its contractors in connection with the construction of the Roadway adjacent to the Easement Area, and shall terminate 24 months from the date the Notice to Proceed with construction under the construction contract for the Roadway adjacent to the Easement Area is issued, or upon completion ofthe construction of the portions ofthe Roadway adjacent to the Easement Area, or thirty (30) months following the date hereof, whichever is earlier. Upon the expiration of this temporary construction easement by the terms hereof, Grantee, at its sole cost and expense, shall promptly restore and repWl the Easement Area to the same or better sondition existing as of the date of this temporary construction easement and to Grantor's reasQilable satisfaction. Further, if any disturbance or damage to any of Grantor's property other than the Easement Area as specifically contemplated herein is caused by Grantee's exercise of any of the Easement Rights or use of the Easement Area, at Grantor's option, Grantee, at its sole cost and expense, shall promptly restore and repair any disturbed or damaged area to the same or better condition existing as of the date of this temporary construction easement and to Grantor's reasonable satisfaction (collectively, the "Restoration Obligations"). Grantor shall exercise such option by written notice thereof to Grantee within 10 days after the termination or expiration of this temporary construction easement. The Restoration Obligations shall apply to the Easement Area upon the expiration of this temporary construction easement by the terms hereof. The Restoration Obligations shall survive the termination or expiration of this temporary construction easement and any of the Easement Rights. Temporary Construction Easement Easement -Page 1 (Driveway Exhibits A, B, C, & D) -Aetna Docu.mt'l1f #: 968617 Grantee understands and agrees that by Grantor's grant of the Easement Rights, Grantor is not representing nor warranting as to any matter or condition (express or implied) and Grantor specifically negates and disclaims any representations and warranties, including without limitation, any representations and warranties with respect to the adequacy or sufficiency of any of the easement or otherwise, and the easement and the grant of the Easement Rights are and shall be "AS IS, WHERE IS, WITH ALL FAULTS" with no representation or warranty other than the warranty oftitle set forth herein. Grantee shall indemnifY and hold hannless Grantor and its affiliates and partoers and respective officers, directors and employees from and against any and all liability, actions, causes of action, damages, claims, lawsuits, judgments costs and expenses for personal injury or property damage suffered by any person to the extent that such injury or damage is caused by any act or omission of Grantee in connection with work performed by or for Grantee under this temporary construction easement; provided, however, that such indemnity is provided by Grantee without waiving any inununity that it may be entitled to, and further such indenmity is subject to and shall not exceed the monetary limitations of damages as set forth in the applicable provisions ofthe Texas Tort Claims Act, as amended. In providing this inderunity, Grantee is not waiving any defense afforded by federal or Texas law, and this indemnity is solely for the benefit of Grantor and its affiliates and respective officers, directors and employees and is not intended to create or grant any rights, contractual or otherwise, to any other person or entity. This indemnification shall survive the termination or expiration of this Easement Agreement and any ofthe Easement Rights. Grantee shall name Grantor as an additional insured on its insurance policy for purposes ofprotecting Grantor against any claims, liabilities, losses or suits arising out of or in connection with Grantee's use of the Easement Area or work performed by or for Grantee under this temporary construction easement. Grantee has delivered to Grantor a certificate evidencing the insurance coverage required hereunder. Grantee shall deliver such a certificate to Grantor annually during the effective period of this easement, and such certificate shall require the insurance carrier to endeavor to mail 30 days written notice to Grantor of any cancellation or material change. In addition, in the event of cancellation or material change, Grantee shall provide notice to Grantor ofsuch cancellation or material change 􀁷􀁩􀁾10 days after its receipt of such notice py the insurance carrier. Premiums with respect to pohcies required to be carried by Grantee 􀁷􀁾be paid by Grantee. TO HAVE AND TO HOLD unto the Town of Addison; Texas as aforesaid, for the purposes and on the conditions set forth hereinabove, the easement and Easement Area described above. Grantor binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and defend all and singular the Easement and Easement Area to Grantee for the duration and purposes set out herem. against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through or under Grantor, but not otherWise. This temporary construction easement and the Easement Area is subject to: (i) all matters of public record, (ii) all matters that would be revealed by a physical inspection or survey of the Easement Area, (iii) all matters conunon to any plat of subdivision in which the Easement Area is located, and (iv) any Temporary Construction Easement 􀁾Page 1 (Driveway Exhibits A, II, C, & DJ • Aetna Dotumentll: *&611 discrepancies, conflicts or shortages in area or boundary lines or any encroachments or protrusions or any overlapping ofimprovements. EXECUTED this ___day of_______-', 2002. GRANTOR 􀁁􀁅􀀬􀀺􀀡􀀬􀁾􀁁􀀠LIFE INSURANCE COMPANY,-ttW By: 􀀿􀀻􀁬􀀺􀁩􀁙􀁴􀁾􀀷􀁩􀁦􀁾􀀠. PrintName:FERNANDOTReV 0 Print Title: ASS'TViCE PRESIDENT Print Name: RoN W\t!tJii:lk?Moo Print Title: C IN inA A',6r4E1!... Date: 􀁾""'"1 I I 2..00"t..1 Temponl)' Construc:tion Easement-Page 3 (Driveway Exlllbits A, B, C, '" Dj -Aetna D«umenl II; 968617 STATE OF CONNECTICUT § COUNTY OF HARTFORD § BEFORE ME, the undersigned notary public in and for said county and state, on this 􀀮􀀻􀁉􀁾􀀮􀀠day of < 2002, personally appeared 'ii',' N1"')..c life,,; So , known to me to be the id tical person who executed the within and foregoing document, and acknowledged to me that e executed the same in his authorized capacity, and that by his signature on the instrument, the person, or entity upon behalf of which he acted, executed the instrument, for the uses and purposes therein set forth. GIVEN UNDER my hand and seal ofoffice the day and year last above written. I WANDA I. CICHOWSKIMY COMMISSION EXPIRES: Notary Public 􀁾􀁉Commission Expires January 31, 2003 , [SEAL] Temporary Construction Easement -Page 4 (Driveway Exbibits At B, C, & D) -Aetna Docum!;!l\ #: 9681517 STATE OF TEXAS § COUNTY OF DALLAS § BEFORE ME, the undersigned notary public in and for said county and state, on this 􀀨􀁾􀀱􀀧􀀠day of 􀁾, 2002, personally appeared RON W \Irt'J"Q\1,;Md , known to me to be the idenlical person who executed the within and foregoing document, and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person or entity upon behalf of which he acted, executed the instrument, for the uses and purposes therein set forth. GIVEN UNDER my hand and seal ofoffice the day and year last above written. 􀁾􀁸􀁾􀁎􀁾􀁢􀁬􀁩􀁃􀀧State ofTexas Print Name: M􀁾􀀠􀁾'-. cc"", NO MY COMMISSION EXPIRES: [SEAL] e MICHELE L. COVINO • • NOTARY PUBUC. STATE" OF TEXAS MY COMMISSION EXPIfISS IJ9.2MOO5 ..1 Temporary Construction Easement -Page 5 (DrIveway Exhibits A, B, C, & D) .. Aetna Doc:wm:nl': 968617 p.2 JAN 07 2002 2,20PM TOALASERJET 3200 9724502837 OF CORNER CLIP AT SE CORNER OF MARSH LN AND ARAPAHO ROPD, AETNA LIFE INSURANCE1 COMPANY MARSH LANE 558'17'30"E = g 11.21' S31'42'30"",EXISTING ROW 62.11' J ---' '7... 􀀭􀁾􀀠.. EXISTING ROW PROPOSED DRIVEWAY EASEMENT AREA = 707 SF " 0.016 AC. . THE NIH CORNER OF THE TEMPORARY CONSTRUCTION EASEMENT IS LOCATED 58.13' SOUTH AND 23.11";O}EST OF THE' NW CORNER Ll PROPOSED ROW....I NW CORNER OF TCE 􀁾􀀠23.11' WEST MARSH LANE􀁾􀀠. 58.73' SOUTH a. '" NW CORNER OF CORNER I DRIVEWAY EXHIBIT" CLIP AT SE CORNER OF.r::;;; MARSH LN AND ARAPAHO ROAD 􀁾􀀠<.I>,.. TCE LOCATION MAP'" ,.,.'" N.T.5. 􀀦􀁾􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀁾􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀁾 􀀭􀀭􀁾􀀠SCALE: 1"-20'MARSH LANE A. LEE PFLUGER CHILDREN'S TRUST -------------------------'=------􀁟􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀁾􀀮􀀮􀀮􀀠XISTING ROW SCALE: 1"=20' -.-.-.-.-.-.-.---.-. Ii! ARAPAHO ROAD ---1----'􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭� �􀀡􀀺􀁴􀁾􀀭􀀭􀂣􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀮-+-------PROPOSED ROW EXISTING 􀁒􀁏􀁗􀁾􀀠. -. -. -.􀀭􀀮􀁾􀀮􀀭􀀮􀀭􀀮􀀭􀀮􀀭.. DRIVEWAY EASEMENT AREA =329 SF =0.0075 AC. THE NW CORNER 􀁾􀀠THE TEMPORARY CONSTRUCTION EASEMENT IS LOC!ffED 309.51' AT A BEARING Of S18'06'45"E fROM THE NW CORNER Of CORNER CLIP AT SE CORNER OF MARSH LN AND ARAPAHO RD. c '" N" III ,a ;" '" 􀁾􀀠􀁾􀀠 CORNER OF TeE -{f-------() DRIVEWAY EASEMENT AREA =134 SF = 0.0169 AC. EXISTING AETNA REALTY INVESTORS INC. 1 THE NW CORNER fF THE TEMPORARY CONSTRUCTION EASEMENT IS 􀁌􀁏􀀺􀀧􀀺􀁾􀁅􀁄􀀠319.88' AT A BEARING OF $78"jO'27"E FROM THE NE COR'NER OF CORNER CLIP AT SE CORNER OF 􀁍􀁁􀁒􀁓􀁾􀀠LN AND ARAPNiO RO, NE CORNER OF CORNER CLIP AT SE CORNER OF MARSH LN ( AND ARAPAHO RD ARAPAHO ROAD NW CORNER OF TeE 578102;.:;; 379.88' MAPAHO ROAD TeE LOCATION MAP DRIVEWAY EXHIBIT C5L-_______________________________-L___________________􀁾N,T.S. .JAN O? 2002 2:20PM TOALASERJET 3200 9?2450283? p.4 \ . . PROPOSED ROW EXISTING • (:j i ........DRIVEWAY EASEMENT AREA = 1163 SF 􀁾􀀠0.0267 AETNA REALTY INVESTORS INC. THE N£ CORNER CF THE TEMPORARY CONSTRUCTION EASEf.£NT IS LOCATED 111.22' WEST AND 21.8U' NORTH OF THE NW CORNER OF CORNER CLIP A14 SW CORNER OF ARAPAHO RO AND BUSINESS AVE. .. NW CORNER OF CORNER CLIP AT SW CORNER OF ARAPAHO RD AND BUSINESS AVE NE CORNER OF TCE 􀁾􀀠=::.--'",􀀺􀁾􀀭􀁙􀀭􀀢􀀭􀀧􀁾􀀧􀀲􀁩􀁑􀁾􀁾􀀠e t\ 􀁾􀀠"",.. " 21,80' NORTH , , 􀁾􀀠,\ ARAPAHO ROAD ,..'" :c TCE LOCATION MAP DRIVEWAY EXHIBIT D 􀀦􀁾__________________________________________􀁾__________________________-J/' N.T.S. COWLES &THOMPSON A Professional CorpGration ATTORNEYS AND COUNSELORS ANGELA K. WASHINGTON 214.612.2144 AWASHINGTON@COWLESTHOMPSON,COM January 29, 2002 Mr. Steve Chutchian Town ofAddison P.O. Box 9010 Addison, TX 75001-9010 RE: Arapaho Road Project Phase II -ParcellS Dear Steve: Enclosed are the originals ofthe following for Parcel 18, Arapaho Road Project Phase II: L Right-of-Way Deed; 2. Temporary Construction Easement relating to Parcel 18-TE; and 3. Temporary Construction Easement relating to Driveway Exhibits A, B, C and D. I am forwarding copies of the documents to the title company so that they can prepare the necessary settlement statements. Please have these documents executed by the appropriate person, but do not file the documents until all the necessary papcrwork has been completed. I will contact you upon receipt of the settlement statements from the title company. If you have any questions, please give me a call. Sincerely, 􀁾􀀠􀁩􀁾􀁊􀀨􀁨􀀭􀀡􀁾􀀠Angela K. Washington AKW/yjr Enclosures c: Mr. Kenneth Dippel, City Attorney 901 MAIN STREET SUITE 4000 DALLAS, TEXAS 1S2{)2·3793 DALLAS T Y L E R TEL 214.672.2000 FAX 214.672 2020 Documeo1 II: 98690& WWW.t.OWLESTHOMPSON.COM COWLES &THOMPSON A Professional Corporation ATTORNEYS AND COUNSELORS ANGELA K. WASH!NGTON 214.612..2144 AWASHINGTON@COWLESTHOMPSON.COM January 29, 2002 Ms. Carol Erick Hexter-Fair Title Company 8333 Douglas Avenue, Suite 130 Dallas, Texas 75225 RE: Title Commitment Order Our File No. 3195-25211 Dear Carol: Enclosed are the following documents executed by Aetna In connection with your File No. PCOI139259: 1. Right-of-Way Deed; 2. Temporary Construction Easement relating to Parcel 18-TE; and 3. Temporary Construction Easement relating to Driveway Exhibits A, B, C and D; Please let me know if you have all documents necessary to issue the title insurance. If so, please prepare the necessary settlement statements. I am also requesting deletion ofthe Arbitration Provision. An executed copy ofyour fonn is enclosed to that effect. Ifyou have any questions or need anything further, please give me a call. Sincerely, 􀁣􀀴􀀫􀁊􀁾􀀮􀁮􀁊􀁾􀀠Angela K. Washington AKW/yjr Enclosures c: Mr. Steve Chutchian (w/o Enclosures) Mr. Kenneth Dippel (w/o Enclosures) 901 􀁾􀁁􀁉􀁎􀀠STREET SUITE 400B DALLAS. TEXAS 152023;93 o ALL A S T Y L E R TEL 214.672 20{)O FAX 214.612.2020 WWW.COWLE5THOMPSON.COM TEMPORARY CONSTRUCTION EASEMENT 16497008 12126/01 3000711 $17.00 D••dSTATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF DALLAS § THAT OSTEOMED CORPORATION, a California Corporation, hereinafter called GRANTOR, for and in consideration of the sum of ONE DOlLAR ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does by these presents grant, sell and convey to the Town of Addison, hereinafter called GRANTEE of the County of Dallas and State of Texas, a temporary easement and right to pass over, along, under and across a portion (the "Easement Area") ofGRANTOR'S property, which easement and right ofpassage is shown and depicted on Exhibit B, attached to and incorporated herein, for the purpose of constructing a roadway to be known as Arapaho Road. The Easement Area is described as follows: See attached Exhibit A (Field Note Description fur Parcel 21-TE), which is made a part ofthis easement as iffully copied herein. This temporary construction easement shan only he used by GRANTEE and its contractors in connection with the construction ofa public right-of-way adjacent to the Easement Area. GRANTEE shall restore the Easement Area to the condition that existed before the construction ofthe roadway. This temporary easement shall terminate 24 months from the date of the Notice to Proceed with construction under the construction contract for the roadway adjacent to the Easement Area, or upon completion ofthe construction ofthe portion ofthe roadway adjacent to the Easement Area, whichever is earlier. TO HAVE AND TO HOLD unto the Town of Addison, 􀁔􀁥􀁾􀀠as aforesaid,. for the purposes and on the conditions set forth hereinabove, the easement and Ji!sement Area described above. Grantor bil)ds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and defen"i all and singular the Easement Area to Grantee for the duration and purposes set out herein against every person whomsoever lawfully claiming or to claim the same or any part thereof: ,2001. 􀁂􀁾􀁾􀁾􀁾􀁾􀁾􀁾􀁾􀁾􀀮􀀭__􀁾􀁾___ Print Name: v.MAN'#' Print Title: TEMl'QRARY CONSTRUCIION EASEI\oIENT PARCEL 21-TE Doruwelllt if: 967517 zuur 2 4 9 0 0 0 2 I STATE OF TEXAS § COUNTY OF DALLAS § 􀁾􀁅􀁆􀁏􀁒􀁅􀀩􀁻􀁅􀀬􀀠thekunderSigned notary public in and fur 􀁾􀁤􀀠county j1;, state, on)this iJ./day of IJ-cCUtl '(./"', 2001, personally appeared Wa.Jh,l-...J. alll 􀁾􀀠, known to me to be the identical person who executed the within and furegoing document, and acknowledged to me that be executed the same in his authorized capacity, and that by his signature on the instrument, the person, or entity upon behalf of which he acted, executed the instrument, for the uses and purposes therein set forth. GIVEN UNDER my band and seal ofoffice the day and year last above written. MY COMMISSION EXPIRES: 􀁉􀁦􀀭􀀯􀁾􀀠-􀁾􀁡􀁊􀀠I [SEAL] TEMPOliIARY CONSTRUCTION EASEMENT PAllCEL21-TE DocIJlnG'lt Ii; 961S 11 2001 24 9 0 0022 EXlllBIT "A" Parcel 21-TE Field Note Description Arapaho Road Project Town of Addison Dallas County, Texas BEING a description of a 0.0532 acre (2,315 square foot) tract of land situated in the David Myers Survey, Abstract Number 923, Town of Addison, Dallas County, Texas, and being a portion of Lot 4R, Block 1 of "Lots 2R, 3R, & 4R, BLOCK 1 of Belt LineMarsh Business Park", an addition to the Town of Addison as evidenced by the plat ,recorded in Volume 95100, Page 03275 of the Deed Records of Dallas County, Texas, said, Lot 4R being a portion of a called 12.463 acre tract of land quitclaimed to Lincoln Trust Company FBO: Dr. Howard Miller by the deed recorded in Volume 96035, Page 0384 of said Deed Records, said O. 0532 acre tract of land being more particularly described by metes and bounds as follows: COMMENCING at an aluminum disk found at the common most Westerly Southwest corner of said called 12.463, acre tract, Southeast corner of Lot I, Block 1, of "LotI, Block '1, Belt Line-Marsh Business Park", an addition to the Town of Addison as evidenced by the plat recorded in Volume 83042, Page 1983 of said Deed Records, same being a called 5.4319 acre tract of land conveyed to AMB Property II, L.P. by the deed recorded in Volume 98157, Pg. 05195 of said Deed Records, and Southwest corner of a tract of land dedicated for Right of Way of Arapaho Road by said plat of "Lots 2R, 3R, & 4R, Block 1 of Belt Line-Marsh Business Park", said point being in the North Right of Way line of Realty Road (variable width) as dedicated by the plat of Belt Line-Marsh Business Park, an addition to the Tow9 of Addison, as evidenced by the plat recorded in Volume 78151, Page 0001 of said Deed 􀁒􀁾􀁯􀁲􀁤􀁳􀀻􀀠! THENCE, NORTH 12°01'05" EAST, (Called North 12°12'01" East), departing said line and along the common West line of said called 12.463 acre tract, West line of said Arapaho Road Right of Way dedication and East line of said Lot 1, a distance of 12.00 feet to common Northwest corner of said Arapaho Road Right of Way Dedication, Dedication, Southwest corner of said Lot 4R, Southwest corner and POINT OF BEGINNING of the herein described' tract; THENCE, NORTH 12°01'05" EAST, (Called North 12°12'01" East), departing said lines and along the common West line of said Lot 4R and East line of said Lot 1, a distance of 10.00 feet to a point for corner; Page 1 of 2 20UI 2 4 9 0 0 0 2 3 PARCEL 21-TE -ARAPAHO ROAD PROJECT THENCE, SOUTH 77°58'55" EAST, departing said common line, a distance of 231.53 feet to a point for corner; THENCE, SOUTH 12 °01' 05" WEST, a distance of 10.00 feet to a point in the common South Line of said Lot 4R and North line of said Arapaho Road Right of Way Dedication; THENCE, NORTH 77°58' 55" WEST, (Called NORTH· 77°47' 59" WEST), along the common South line of said Lot 4R and North Right of Way of said Arapaho Road, a distance 231.53 feet to the POINT OF BEGINNING; CONTAINING an area of 0.0532 acres or 2,315. square feet of land within the metes recited. All bearings are referenced to the North Right of Way line of Centurion Way, called S 89°51'55" E, according to the final plat of Lot 3, Surveyor Addition, recorded in Vol. 77173, Page 135, Deed Records of Dallas County, Texas. A plat of I6\ven survey date herewith accorr,panies' this description. I, Ayub R. Sandhu, a Registered Professional Land Surveyor, hereby certify that the legal description hereon and the accompanying plat represent an actual survey made on the ground under my supervision. b.d2: £ . .$' .. 1)0 -7-;Z'lJ>! Ayub R. Sandhu, R.P.L.S. Texas Regis:tation No. 2910 ! Page 2 of 2 lOUI 2'+ 9 0 0 0 2 4 IQ)&'WDIQ) 􀁾􀁗􀁾􀁾􀀤􀀠􀀤􀀱􀁬􀁊􀁬􀁾􀁗􀁾􀁗􀀠􀀦􀀬􀁑􀁾􀁾􀁾􀀠e: & ••••• LOT I, BLOCK 1 BELT LINE-MARSH BUSINESS PARK VOL 83042, PG. 0425 D.R.D.C.T. AMB PROPE RTY II, LP. CAu.ED 5.4319 ACRES VOL 98157, PG. 05195 D.R.D.C.T. EXHIBIT "B" UNCLOLN TRUST COt.lPANY FaO: DR, HOWARD MIu.ER CAu.ED 12.463 ACRES VOL 96035, PG. 0384 D.R.D.C.T. LOTS 2R, 3R & 4R. BLOCK 1 OF BELT LINE-MARSH BUSINESS PARK VOL 95100. PG. 03275 D.R.D.C.T. LOT 4R BLOCK 1 S 12"01'05' W 10.00' JI (CAlliO N '2"2'01" E) N 12"01'05" E 10.00'" (CAlliD N '2'12'01 ".V N 12"01'05" E 12.00' , F¥.RCEL 21-TE A PLAT OF 0.0532 ACRE NOTES: ALL BEARINGS ARE REFERENCED TO THE NORTH RIGHT OF WAY LINE OF CENTURION WAY, CALLED S 89'51'55" E, ACCORDING TO THE FINAL PLAT OF. LOT 3, SURVEYOR ADDI110N. RECORDED IN VOL 77173. PAGE 135. D.R.D.C.T. A LEGAL DESCRIP110N OF EVEN SURVEY DATE HEREWITH ACCOMPANIES THIS PLAT. 0 􀁾 􀁂􀁬􀀡􀁊􀁍􀁏􀁾􀀠UMINUM 􀁉􀁬􀁉􀁓􀁒􀂷􀂷􀁾􀀠Ln N o DETAIL o o CTI ..:::t .N -=> <=>..., A (2,315 SQ. FT.) TRACT OF LAND IN THE DAVID MYERS SURVEY ABSTRACT NO. 923 ., TOWN OF ADDISON DALLAS COUNTY, TEXAS 100 0 50 100 200 o DENOTES A FOUND POINT AS INDICATED I-we---' I'!!• DENOTES A 5/8'· IRON ROO SN ---PROPOSED RIGHT OF WAY LINE .".• GRAPHIC SCALE 1 INCH = 100 FT. 9 20 0 0 6 t'f 2 18Hl r ILt.L.1 •􀁃􀁾􀁾􀀠COUNTY CLERK [lAlLAS COUNTY 01 OEC 26 AM II' II • .' .''" \ R.e-rURN TO 􀀺􀁾􀀯􀁊􀀠TOWR-OF ADDISOR CITY SECRETIBY'S OmCE 53110 BELT L1HE ROAD P.O. BOX 8010 ADDISON. TX'15001-9010 􀁾􀀠 􀁇􀁾􀀴-Attached is the signed and notarized copy ofa temporary construction easement 􀁲􀁾􀁤to the proposed Arapaho Rd., Phase nproject. Please file these documents at your earliest convenience. Also, please return two "file-marked" copies ofthe documents, so rcan send one to the property owner and one to our City Attorney. 􀁔􀁾􀁾􀀠􀁾􀁾􀀠Steve Chutchian 􀁾(ttJo.eW! /AJoo 661 􀀧􀀱􀀮􀁾􀁕􀁁􀀮􀀠􀀧􀀱􀁾: Va/UM e fA-y.-.J wk., JiA 􀁾􀁯􀁯􀀧􀀠􀁾􀁾􀁾􀀠􀁏􀁏􀁏􀁾􀁊􀀠.-: ' ., 􀀮􀁾􀀠. " ", '.' ,.. ' TEMPORARY CONSTRUCTION EASEMENT STATE OF TEXAS § § COUNTY OF DALLAS § THAT OSTEOMED CORPORATION, a California Corporation, hereinafter called GRANTOR, for and in consideration of the sum of ONE DOLLAR ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does by these presents grant, sell and convey to the Town of Addison, hereinafter called GRANTEE of the County of Dallas and State of Texas, a temporary easement and right to pass over, along, under and across a portion (the "Easement Area") ofGRANTOR'S property, which easement and right ofpassage is shown and depicted on Exhibit B, attached to and incorporated herein, for the purpose of constructing a roadway to be known as Arapaho Road. The Easement Area is described as follows: See attached ExhIbit A (Field Note Description for Parcel 21-TE), which is made a part ofthis easement as iffully copit;d herein. This temporary construction easement shall only be used by GRANTEE and its contractors in connection with the construction ofa public right-of-way adjacent to the Easement Area. GRANTEE shall restore the Easement Area to the condition that existed befure the construction ofthe roadway. This temporary easement shall terminate 24 months from the date of the Notice to Proceed with construction under the construction contract fur the roadway adjacent to the Easement Area, or upon completion ofthe construction ofthe portion ofthe roadway adjacent to the Easement Area, whichever is earlier. TO HAVE AND TO HOLD unto the Town of Addison, Texl}S as afuresaid, fur the purposes and on the conditions set furth hereinabove, the easement and Btsement Area descn'bed above. Grantor bhwls Grantor and Grantor's heirs, executors, administrators, and successor$ to warrant and defend1ill and singular the Easement Area to Grantee fur the duration and purposes set out herein against every person whomsoever lawfully claiming or to claim the same or any part thereof. EXECUTED this ,,-\!T day of 'i)t'"c-e'I"\l3eJt . , 2001. TEMPORARY CONSfRUCl'ION EASEMENT PARCEL :n·TE Docum.Gf:96i!ll7 , . STATE OF TEXAS § COUNTY OF DALLAS § 􀁾􀁅􀁆􀁏􀁒􀁅A\'IE, the ,undersigned notary public in and for aid county an state, on)this 􀁾􀀯􀀠day of IJ'C{!.uu/J't..I" ,2001, personally appeared tJ..,./J't.-f 'oJ. ",11(. 􀁾􀀠, lmown to me to be the identical person who executed the within and foregoing document, and aclmowJedged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or entity upon behalf of which he acted, executed the instrument, for the uses and purposes therein set forth. . GIVEN UNDER my hand and seal ofoffice the day and year last above written Notary Public, 􀁳􀁾􀁦􀁔􀁥􀁸􀁡􀁳􀀠7J Print Name: 􀁾0..11 e H-c -$, 􀁾P-!>o n MY COMMISSION EXPIRES: 􀁉􀁉􀀭􀀯􀁾􀀠-􀁾􀀨􀁘􀁜􀀠I [SEAL] TEMPORARY CONSTRucnON EASEMENT PARCELll·TE DOQIIJleElt M: 967517 EXHIBIT"A" , ' Parcel 2l-TE Field Note Description Arapaho Road Project Town of Addison Dallas County, Texas BEING a description of a 0.0532 acre (2,315 square foot) tract of land situated in the David Myers Survey, Abstract Number 923, Town of Addison, Dallas County, Texas, and being a portion of Lot 4R, Block 1 of "Lots 2R, 3R, & 4R, BLOCK 1 of Belt LineMarsh Business Park", an addition to the Town of Addison as evidenced by the plat record€ld in Volume 95100,Page 03275 of the Deed Records, of Dallas County,Texas, said Lot 4R being a portion of a called 12.463 acre tract of land quitclaimed to Lincoln Trust Company FBO: Dr. Howard Miller by the deed recorded in Volume 96035, Page 0384 of said Deed Records, said O. 0532 acre tract of land being more particularly described by metes and bounds as follows: COMMENCING at an aluminum disk found at the, ,common most Westerly Southwest corner of said called 12.463, acre' trac:t, Southeast corner of Lot 1, Block 1, of "Lot .1, Block 1, Belt Line-Marsh Business Park", 'an 'addition' to the Town of Addison as evidenced by the plat recorded in 'Volume 83042, Page' 1983 of said Deed Records, same being a called 5.4319 acre tract of land conveyed to AMB Property II, L.P. by the deed recorded in Volume 98157, Pg. 05195 of said Deed Records, and Southwest corner of a tract of land dedicated for Right of Way of Arapaho Road by said plat of "Lots 2R, 3R, &'4 R, Block 1 of Belt Line-Marsh Business Park", said point being in the North Right of Way line of Realty Road (variable width) as dedicated by the plat of Belt Line-Marsh Business Park, an addition to the TOWllf of Addison, as evidenced by the plat recorded in Volume 􀀷􀀸􀁬􀀵􀁾􀀠Page 0001 of said Deed 􀁒􀁥􀁾􀁲􀁤􀁳􀀻􀀠"'1 THENCE, NORTH 12°01' 05" EAST, (Called North 12°12' 01" East), departing said line and along the common West line of said called 12.463 acre tract, West line of said Arapaho Road Right of Way dedication and East line of said Lot 1, a distance' of 12.00 feet to common Northwest corner of said Arapaho Road Right of Way Dedication, Southwest corner of said Lot 4R, Southwest corner and POINT OF BEGINNING of the herein described tract; THENCE, NORTH 12"01' 05" EAST, (Called North 12°12' 01" East), departing said lines and along the common West line of said Lot 4R and East line of said Lot 1, a distance of 10.00 feet to a point for corner; Page 1 of 2 PARCEL 2l-TE -ARAPAHO ROAD PROJECT , ' THENCE, SOUTH 77°58' 55" EAST, departing said corrunon line, a distance of 231.53 feet to a point for corner; THENCE, SOUTH 12°01'05" WEST, a distance of· 10.00 feet to a point in the corrunon South Line of said Lot 4R and North line of said Arapaho Road Right of Way Dedication; THENCE, NORTH 77°58' 55" WEST; (Called NORTH' 77°47' 59" WEST), along the corrunon South line of said Lot 4R and North Right of Way.line of said.Arapaho Road, a distance of 231.53 feet to the POINT OF BEGINNING; CONTAINING an area of 0.0532 acres or 2,315 square feet of land within the metes recited. All bearings are referenced to· the North Right of Way line of Centurion Way,. called S 􀀸􀀹􀁾􀀵􀁬􀀧􀀵􀀵􀀢􀀠E, according to the final plat of Lot 3, Surveyor Addition, recorded in Vol. 77173, Page 135, Deed Records of Dallas County, Texas. A plat of" even survey date herewith accorr,panies' this description. I, Ayub R. Sandhu, a Registered Professional Land Surveyor, hereby certify that the legal description hereon and the accompanying plat represent an actual survey made on the ground under my supervision. kf2: £. 5'. ,p:, 7-;Z;'....L>/Ayub R. Sandhu, R.P.L.S. Texas 􀁒􀁥􀁧􀁩􀁳􀁴􀁾􀁡􀁴􀁩􀁯􀁮􀀠No. 2910 l' Page 2 of 2 VARiALBE' R.O:W. APRIL 17, ,.-" . '. . ';'! ..-.. -: .N ,: :. "?:"": 􀀮􀀧􀁾􀀧􀀠".'.". 􀀬􀁃􀁾􀀢􀀬􀀮􀂷􀀬􀀮􀂷􀀢􀀢􀀬􀀬􀀬􀀠.; -. .. . :' -.," ' 􀀮􀁾􀀢􀀮􀀠" ..... .' lQ)A\WUlQ) 􀁉􀁋􀁉􀁁􀁉􀁗􀁾􀁉􀁒􀁬􀀤􀀠􀀤􀁉 􀁊􀁊􀀩􀁉􀁒􀁬􀁗􀁾􀁗􀀠E>CHIBIT "B" 􀁁􀁜􀀧􀀢􀂮􀁾􀁾􀀠UNCLOLN TRUST COMPANY FaO: LOT 1, BLOCK 1 DR. HOWARD MILLER BELT LINE-MARSH BUSINESS PARK CALlED 12.463 ACRES VOL 83042, PG. 0425 VOL 96035, PG. 0384 D.R.D.C.T. D.R.D.C.T. LOT 4R BLOCK 1 AMB PROPERTY II, LP. LOTS 2R, 3R &; 4R, BLOCK 1 OF CALLED 5.4319 ACRES BELT LINE-MARSH BUSINESS PARK VOL 98157. PC. 05195 VOL. 95100, PG. 03275 D.R.D.C.T• D.R.D.C.T. • S 12"01'05" W PARCEL 21-TE 'A PLAT OF A 0.0532 ACRE (2.315 SQ. FT.) NOTES; ALL BEARINGS ARE REFERENCED TO THE NORTH RIGHT OF WAY LINE OF CENTURION WAY, CALLED S 89'51'55" E, ACCORDING TO THE FINAL PLAT OF LOT 3, SURVEYOR ADDITION, RECORDED '" VOL. 77173, PAGE 135, D.R.D.C.T. , A LEGAL DESCRIPTION OF EVEN SURVEY DATE HEREWITH ACCOMPANIES THIS PLAT. 􀁾􀀮􀀠o • DENOTES A FOUND POINT AS INIiTCATED DENOTES A 5/8"' IRON ROO SET, --PROPOSED RIGHT OF WAY UNE " TRACT OF LAND IN THE DAVID MYERS SURVEY ABS TRACT NO. 923 TOWbi OF ADDISON DALLASl COUNTY. TE XAS 100 0 50 100 200I _! !. I GRAPHIC SCALE 1 INCH = 100 FT• --,,."'-", ..-"HI ' .\ . .. ... ,', . ::",.-.; I .i.. !< •• ' "c,,;. ." -' ." .':-., ,. 􀁾􀀬􀀠.. -.􀁾􀀮􀀠 , ' TEMPORARY CONSTRUCTION EASEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF DALLAS § THAT OSTEOMED CORPORATION, a California Corporation, hereinafter called GRANTOR, for and in consideration ofthe sum of ONE DOLLAR ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does by these presents grant, sell and convey to the Town of Addison, hereinafter called GRANTEE of the County of Dallas and State of Texas, a temporary easement and right to pass over, along, under and across a portion (the "Easement Area'1 ofGRANTOR'S property, which easement and right ofpassage is shown and depicted on Exhibit B, attached to and incorporated herein, for the purpose of constructing a roadway to be known as Arapaho Road, The Easement Area is described as follows: See attached Exhibit A (Field Note Description for Parcel 21-TE), which is made a part ofthis easement as iffully copied herein. This temporary construction easement shall only be used by GRANTEE and its contractors in connection with the construction ofa public right-of-way adjacent to the Easement Area. GRANTEE shall restore the Easement Area to the condition that existed before the construction ofthe roadway. This temporary easement shall terminate 24 months from the date of the Notice to Proceed with construction under the construction contract fur the roadway adjacent to the Easement Area, or upon completion ofthe construction ofthe portion ofthe roadway adjacent to the Easement Area, whichever is earlier. TO HAVE AND TO HOW unto the Town of Addison, Texas as aforesaid, for the purposes and on the conditions set furth hereioabove, the easement angasement Area described above. Grantor binds Grantor and Grantor's heirs, executors, admin tors, and successors to warrant and delf:nd all and singular the Easement Area to Grantee for the duration and purposes set out herein against every person whomsoever lawfully claiming or to claim the same or any part thereof: "\ $'1' EXECUTED this ;...\,2001. 􀁂􀁹􀀮􀁾􀁾__􀀭􀁲􀁾􀁾􀁾􀁾􀁾____-._____ Print Name: IlMA,J;./" Print Title: TEMPORARY CONSTRucnON EASEMENT PARCEL 21-TE DooJrnentfl;967S11 , . STATE OF TEXAS § COUNTY OF DALLAS § 􀁾􀁅􀁆􀁏􀁒􀁅A\fE, thekunderSigned notary public in and fUJai4 county ilslate, on)this 􀁾􀀯􀀠day of IJ'CCwt '(./" ,2001, personally appeared ail",!-.,J. (Ull ........-, known to me to be the identical person who executed the within and furegoing docwnent, and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or entity upon behalf of which he acted, executed the instrument, for the uses and purposes therein set forth. GIVEN UNDER my hand and seal ofoffice the day and year last above written. MY COMMISSION EXPIRES: /1-􀁊􀁾􀀠􀁾􀀩􀁑􀁪I [SEAL] ( " . TEMPORARY CONSTRUCTION EASEMENT PARCELll-TE Dowment 1#: 961Sl7 EXlllBIT "A" , >Parcel 21-TE Field Note Description Arapaho Road Project Town of Addison Dallas County, Texas BEING a description of a 0.0532 acre (2,315 square foot) tract of land situated in the David Myers Survey, Abstract Number 923, Town of Addison, Dallas County, Texas, and being a portion of Lot 4R, Block 1 of "Lots 2R, 3R, " 4R, BLOCK 1 of Belt LineMarsh Business Park", an addition to the Town of Addison as evidenced by the plat recorded in Volume 95100, Page 03275 of the Deed Records of Dallas County, Texas, said Lot 4R being a portion of a called 12.463 acre tract of land quitclaimed to Lincoln Trust Company FBO: Dr. Howard Miller by the deed recorded in Volume 96035, Page 0384 of said Deed Records, said O. 0532 acre tract of land being more particularly described by metes and bounds as follows: COMMENCING at an aluminum disk found at the common most Westerly Southwest corner of said called 12.463 acre' tract, Southeast corner of Lot 1, Block 1, of "Lot .1, Block 1, Belt Line-Marsh Business Park", Park", 'an addition to the Town of Addison as evidenced .by the plat recorded in 'Volume 83042, Page 1983 of said Deed Records, same being a called 5.4319 acre tract of land conveyed to AMB Property II, L.P. by the deed recorded in Volume 98157, Pg. 05195 of said Deed Records, and Southwest corner of a tract of land dedicated for Right of Way of Arapaho Road by said plat of "Lots 2R, 3R, & 4R, Block 1 of Belt Line-Marsh Business Park", said point being in the North Right of Way line of Realty Road (variable width) as dedicated by the plat of Belt Line-Marsh Business Park, an addition to the Town of Addison, as evidenced by the plat recorded in Volume 􀀷􀀸􀁾􀀵􀀬􀀠Page 0001 of said Deed Records; 􀁾􀀠"! THENCE, NORTH 12°01'05" EAST, (Called North 12°12'01" East), departing said line and along the common West line of said called 12.463 acre tract, West line of said Arapaho Road Right of Way dedication and East line of said Lot 1, a distance of 12.00 feet to common Northwest corner of said Arapaho Road Right of Way Dedication, Southwest corner of said Lot 4R, Southwest corner and POINT OF BEGINNING of the herein described tract; THENCE, NORTH 12°01'05" EAST, (Called North 12°12'01" East), departing said lines and along the common West line of said Lot 4R and East line of said Lot 1, a distance of 10.00 feet to a point for corner; Page 1 of 2 PARCEL 2l-TE -ARAPAHO ROAD PROJECT , ' THENCE, SOUTH 77°58' 55" EAST, departing said common line, a distance of 231.53 feet to a point for corner; THENCE, SOUTH 12°01' 05" WEST, a distance of 10.00 feet to a point in the common South Line of said Lot 4R and North line of said Arapaho Road Right of Way Dedication; THENCE, NORTH 77°58' 55" WEST, (Called NORTH 77°47'59" WEST), along the common South line of said Lot 4R and North Right of Way line of said Arapaho Road, a distance of 231.53 feet to the POINT OF BEGINNING; CONTAINING an area of 0.0532 acres or 2,315. square feet of land within the metes recited. All bearings are referenced to the North Right of Way line of Centurion Way, called S 89°51'55" E, according to the final plat of Lot 3, Surveyor Addition, recorded in Vol. 77173, Page 135, Deed Records of Dallas County, Texas. A pIat of-· even survey date herewith accorrlpanies this description. I, Ayub R. Sandhu, a Registered Professional Land Surveyor, hereby certify that the legal description hereon and the accompanying plat represent an actual survey made on the ground under my supervision. 􀁾!(. .9 . ..&> 7-:! Ayub R. Sandhu, R.P.L.S. Texas Registration No. 2910 􀁾􀀠"! Page 2 of 2 Steve Chutchian To: Jim Cullar Subject: RE: Arapaho Rd -Questions Regarding Remainders, etc. Jim -I will try to answer your questions below: 1) At this time, we have not approached the owner of Pcl 5 regarding our r.o.W. needs. In a case of redevelopment, the property would be required to compy with the 25 ft. setback reqUirement, unless voided through our Board of Adjustments. 2) It has always been our intention to provide parking/access under the proposed bridge for Pcls 7 & a. We plan to set up a meeting with each owner in January and bring the City Manager with us to the meeting. During the course af design, we may require a construction easement far the parking lot, but it is too early to determine dimenSions, number of spaces, etc. We expect these two parcels to be somewhat difficult to obtain. 3) The issues of noise and vibration are very relevent to this project, as it affects certain properties. We will definitely include these factors in our bridge design and will discuss it with each owner in our our individual meetings in January. 4) As stated earlier, we do not know how many spaces will be provided to Mr. Crouch. However, the proposed parking area is specifically earmarked for Mr. Crouch's utilization, and should count toward his commercial parking requirements. 5) Regarding the additional information on Pcls. 12 & 13, you may reach a point where your analysis must be completed without the information being provided by the owner. If you feel it is necessary, we can make contact with Mr. De Feo. However, we would need to know what to ask for. Should you or Richard need additional information, please let me know. Thanks. Steve Chutchian 􀀭􀀭􀀭􀁏􀁮􀁧􀁭􀁡􀁉􀁍􀁾􀁧􀁥􀀭􀀭Fro"" Jim CUliar [mallb:>:jimcullar@ainnail.netj Sent: sunday, December 16, 2001 7:12 PM To: Steve ChU!d1i.n ,Cc: Patrick J. Haggerty; Jim Pierce Subject: Arapaho Rd -Questions Regarding Remainders, etc. .l Steve, This is a slightly revised version of the immediately preceding e-mail message that Richard Baker sent to you from our office. I noticed a few typos, and incomplete sentences. This version is more clear, from my perspective. Please feel free to copy both of us with the answers. We will be working much of the week before and after Christmas. Your answers will clarify and contribute to our progress. Thanks, Jim Cullar '" IiiIo it .4;1..\"\\ 1..\>1, Prior to finalizing our preliminary analysis on several of the Arapaho Road parcels, we have a few 1 questions. 1) Pcl5 -TharaldsonlHeritage Inn XIII-Has an agreement been reached for the eastern portion of this property (where the hotel is)? Ifso, could your provide a legal description of the proposed acquisition area for the western portion where an agreement has not been apparently reached? Secondly, if no agreement has been reached on this parcel, will the City require the owner, in a situation of re-development due to disaster loss greater than 50%, to comply with the 25 foot setback requirement. Would the answer be the same as that related to Dingman (which you answered last week)? As you know, the new ROW line will be within 15 feet of the existing improvements. That may be because the design needed to change, subsequent to platting for the hotel. 2) Pcl 7 -How close to an agreement can the City come to agreeing that the owner of Pcl 9 can depend on the availability of the potential additional parking under the new elevated portion of the bridge? This additional parking is not an important valuation valuation aspect in the appraisal of this property. However, it could be a big factor in overcoming some of the proximity concern during negotiations. NOTE: Regarding both Pcl 8 (Crouch) and Pcl 7 (Dingman) can the city agree to the parking being allowed as long as the bridge is there? And, how many spaces will be under this portion of the bridge? 3) As we consider various elements of potential damaging influences to these two parcels, and to PcI 5 (the hotel, unless you have closure on that parcel) we should be prepared to respond to the accusation by the owner, as well as on Pcls 7 & 8 (Crouch and Dingman), regarding potential transfer of sound and vibration into the adjacent buildings, as a disturbing and value diminishing factor. To that end, is it feasible for the City to add to the bridge design criteria, and engineering study, for any building closer than the minimum required 25 foot set back, that would answer the question of and abnormally high amount of noise and vibration? Our theory is, that if this could be addressed, the answers could help quantify, and thus to possibly 'contain' this one potential damaging element, because the cost to cure could probably be factored into the appraisal report, or could be used in negotiations with the owner, and/or would be needed in a condemnation hearing. Importunely, however, there will be other potentially damaging factors under consideration by the property o'iner. Our job is to foresee them, and help you address them in our work product. '1"" 4) Pcl 8 -Will the City permit Crouch to count the parking planned for under the new roadwaylbridge in his FAR? The closer, or more firm, the City can get to being able to assure the property owner of his current, or greater, parking capacity, the lesser that potentially damaging factor would be (that related to loss of parking). Also, wherein he is the only likely user of the spaces under the bridge, how many spaces can be provided under the bridge? 5) We are awaiting additional information from Mr. Ralph De Feo (Pcl Nos. 12 and 13) prior to finalizing our preliminary compensation estimate. We will continue to analyze the property and proposed acquisition using industry based information; and we can provide Pat Haggerty with enough draft information to start his negotiations in your behalf. However, we will not finalize until the information is provided, or we are directly informed that the information will not be supplied, or we run out of time to tum our work into the City. 2 Note: We can and will provide preliminary draft reports and compensation estimates for Pat, and for the City's budgeting information. Until engineering is complete, this process may require multiple, and additional, iterations of the same property. Therefore, no information provide to the City or to Pat Haggerty can be considered complete, until the road and bridge design is more complete. Thanks and Merry Christmas and Happy New Year Blessings to all of the readers of this message. Jim Cullar and Richard Baker for Evaluation Associates 3 TEMPORARY CONSTRUCfION EASEMENT $15.0011/13/01 e9386B! STATE OF TEXAS § Deed § KNOW ALL MEN BY THESE PRESENTS COUNTY OF DALLAS § THAT AMERICAN RECREATION CENTERS, INC., a California corporation, hereinafter called GRANTOR., for and in consideration of the sum of ONE DOLLAR ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does by these presents grant, bargain, confinn and deliver to the Town of Addison, hereinafte,r called GRANTEE of the County of Dallas and State of Texas, a temporary easement and right to pass over, along, under and across portions of GRANTOR'S property (the "Easement"), as shown and depicted on Arapaho Road Driveway Exhibit E, attached hereto an.d incorporated herein ("Easement Area 1 ") and Arapaho Road Driveway Exhibit F, attached hereto and incorporated herein ("Easement Area 2") (both Easement Area 1 and Easement Area 2 shall sometimes be collectively referred to herein as the "Easement Area"), for the purpose of constructing a roadway to be known as Arapaho Road (the "Roadway"). This Easement is temporary and shall only be used by GRANTEE and its contractors in counection with the construction of the Roadway adjacent to the Easement Area. GRANTEE shall restore the Easement and Easement Area to the condition that existed before the construction of the Roadway. GRANTEE agrees to and does hereby indemnifY and hold harmless GRANTOR and will defend GRANTOR from and against any and all claims, actions, damages, liability and expense, including reasonable attorneys' fees, in connection with loss of life, personal injury and damages to property alleged to have been caused by any negligent act ofGRANTEE in connection with or arising out of GRANTEE'S construction activities authorized by this Easement and occurring in the Easement and Easement Area, unless such damage, injury or cost arises out of the gross negligent or willful acts of GRANTOR, its agents, employees, contractors, and invitees; provided however, that such indemnity is provided by GRANTEE ,without waiving any immunity that it may be entitled to, and further, such indemnity is sUbject4J and shall not exceed the monetary limitapons of damages as set forth in the Texas Tort Claims Act. In providing this indemnity, GRANtEE is not waiving any defense afforded by Federal or Texas law, and this indemnity is solely for the benefit of GRANTOR and not intended to create or grant any rights, contractual or otherwise to any other person or entity. Access to and use of the Easement and Easement Area by GRANTEE for the purposes expressly provided hereunder shall not materially intermpt or disrupt GRANTOR'S use of the remainder of GRANTOR'S property during the construction of the Roadway and shall not be used in a manner that will at any time prohibit or substantially interfere with all access to and from Grantor's Property. GRANTEE agrees not to store equipment and materials necessary to the construction of the Roadway on the Easement and Easement Area. GRANTEE may record this instrument at its expense. TEMPORARY CONSTRUcrION EASEMENT PAGEl 2001222 0784 I Oor;;ltnent/#' 􀁾􀀷􀀵􀀱􀀲􀀱􀀠 This Easement shall terminate 24 months from the date the Notice to Proceed with construction under the construction contract for the Roadway adjacent to the Easement Area is issued, or upon completion of the construction of the portions of the Roadway adjacent to the Easement Area, whichever is earlier. TO HAVE AND TO HOLD unto the Town of Addison, Texas as aforesaid, for the purposes and on the conditions set forth hereinabove, the Easement and Easement Area described above. Grantor binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and defend all and singular the Easement or Easement Area to Grantee for the duration and purposes set out herein against every person whomsoever lawfully claiming or to claim the same or any part thereof. EXECUTED this 2. AID day ofNovember, 2001. GRANTOR AMERICAN RECREATION CENTERS, INC., :;alifOdJ:e􀁾􀀠Mark S. Hatcher Title Vice President ofReal Estate STATE OF VIRGINIA § COUNTY OF HANOVER § \ BEFORE ME, the undersigned notary public in and for said copnty and state, on this -z."r.O. day of November, 2001, personally appeared Mark S. Hatcher,known to me to be the identical person wlj,o executed the within and foregoing document, and acknowledged to me that he executed the sa'ite in his authorized capacity, and that by his signature on the instrument, the person, or entity upon behalf of which he acted, executed the instrument, for the uses and purposes therein set forth. GIVEN UNDER my hand and seal of office the day and year last above written. 􀁾􀁳􀁤􀁾􀀠NOTARY PUBLIC . MY COMMISSION EXPIRES: 10/31/03 [SEAL] TEl\U'ORARY CONSTRUCTION EASEMENT PAGE 2 'l001 222 07 842 Document#:. !l1S 1'21 .􀁾􀀠􀁾􀀠.. Ii r-:l III AMB PROPERTIES II. L.P'j/􀀧􀁾􀁜􀀠II 􀁊􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀁾􀀭􀀭􀁊􀁾􀁾􀀠􀁛􀁐􀁒􀁾􀁾􀁏􀁓􀁅􀁾􀁟􀀲􀁾􀀺􀁊􀀠__ ) ___..􀁟􀁾d. jl 􀁾􀀠\ 􀀺􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀁹􀁾􀀭􀀭􀀭􀀭􀀭􀀭7:-'- ----.---'\ o 􀁾􀁾􀁾􀁾􀁾􀀭􀀮􀁾􀀠􀁾-• -• -• SCALE: '''=2ll' ______+L􀁾􀀺􀁗􀁾􀀺􀁾􀁏􀁾__􀀡􀁾􀁾􀁾􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀫􀀭􀀭􀀭􀀭􀀭􀀮􀀠 ---􀀭􀀢􀁾􀀬􀀬􀀭􀀽􀁾􀀭􀀭􀁲􀀺􀀺􀀻􀀮􀀮􀁩1.1y' oNW CORNER OF TeE EXISTING ROI.J.....J DRIVEWAY AREA " 202 SF = 0.0046 AC. THE NW CORNER Of TEMPORARY CONSTRUCTION EASEMENT IS LOCATED 76.70' AT A BEARING OF S77'S8'SS"E FROM THE PT Of ROW CURVE AT THE SE CORNER OF BUSINESS AVE AND ARAPAHO RD. PT OF ROW CURVESE CORNER OF BUSINESS AVE AND ARAPAHO RD ARAPAHO ROAD 􀀯􀀭􀁓􀀷􀀷􀀧􀀵􀁾􀀧􀁓􀀵􀀢􀁅􀀠""---;.-------(76.70' ARAPAHO ROAD DRIVEWAY EXHIBIT E􀁾􀀠TCE LOCATION MAP 􀁾􀁌􀀭______________________________________􀁾__________________________􀁾,/N.T .S. .c -------------§." cO" 5 ,;; r ,L) c x UJ ./" Q. '" ./Ie ./'" r-'" U'> N , " C'I' .",,,r 􀁣􀁾􀀠ARAPAHO ROAD .. ,==-============== 24'w ' 1<' '. ", . __􀀫􀁟􀀮􀀮􀀮􀀮􀀻􀀺􀀺􀀺􀀬􀁾.􀀮􀀺􀀺􀀮􀁊􀀺􀀮􀁾􀀧_______ __+ ______________. -t--------,..􀁾􀀬􀂷􀁴􀂷􀀠 . . ." . .',', ......'. ; DRIVEWAY EASEMENT AREA = 250 SF =0.0057 AC.-._--.-. TRIANGLE ( NE CORNER OF TCE , THE NE CORNER OF THE TEMPORARY CONSTRUCTION .. ..::l' EASEMENT IS LOCATElli 30.07' AT A BEARING OF ..::l'N77'S8'SS"W FROM 􀁾􀁅􀀠PC OF ROW CURVE OF SW 00CORNER OF COMMERCrAL RD AND ARAPAHO RD. t-OPC OF ROW CURVESW CORNER OF COMMERCIAL RD N AND ARAPAHO ROAD N N ARAPAHO = ....,= NE CORNER OF TCE 􀁾􀁾􀁾􀀠_ ... N77'S8'SS"W 30.07' ARAPAHO ROAD TCE LOCATION MAP DRIVEWAY EXHIBIT F ROAD LINCOLN TRUST COMPANY CUSTODIAN rEXISTING ROW _L__________ _c __ , ' SCALE: 1"=20' ./N.T.S • &L-____________________________-L_________________________􀁾􀀠 COWLES &THOMPSON A Professional CorpOralion ATTORNEYS AND COUNSELORS ANGELA K. WASHINGTON 214.61Z.2144 AWASH!NGTON@COWLESTHOMPSON.COM December 5, 2001 Mr, David Sp Hexter F' tle Company 8333 glas Avenue, Suite 130 D' ., Texas 75225 RE: GF No. PC01139261 Dear David: Enclosed is the Certificate of Existence for Tarragon Brooks, L.P. The document also certifies that the entity status in Texas is active. Please let me know if this satisfies the conditions in the title commitment. I am enclosing the cover letter in case you need to contact Chuck Rubenstein directly. Ifyou have any questions or need anything further, please give me a call. Sincerely, . 􀁾􀁬􀁾􀁾􀀨􀁾􀀠J( Jcftr-)--. Angela K. Washington ' 􀁾AKW:tlp ! Enclosures c: v'Mr. Steve Chutchian, wrrown Mr. Ken Dippel, w/firm qOl MAtN stREET SUITE 4000 DALLAS, TEXAS 1520237'13 DALLAS T Y L E R TEL 214.612 lOGO FAX 214.&72.2020 WWW.COWLESTHOMPSO'LCOM t'j TARRAGON REALTY INVESTORS, INC. December 4, 2001 VIA AIRBORNE EXPRESS Angela Washington, Esq. Cowles & Thompson, P.C. 901 Main Street Suite 400 Dallas, Texas 75202 Re: Tarragon Brooks, L.P. Dear Angela: Per Chuck Rubenstein's request please find enclosed the original Certificate of Existence for the above referenced entity. If you have any comments or questions, please do not hesitate to contact the undersigned. cc: Chuck Rubenstein 1775 Broad\\.ay· 23rd Floor' \leW York. \ic" York 10019· 212.949.5000' Fax 212.949.8001 Corporations Seclion Geoffrey S. Connor P.O.Box 13697 Assistant Secretnry ofState Austin. Texas 78711-3697 Office of the Secretary of State The undersigned, as Secretary of State of Texas, does hereby certify that the document, Certificate Of Limited Partnership for TARRAGON BROOKS, L.P. (filing number: 11946010), a Domestic Limited Partnership (LP), was filed in this office on April 13, 1999. It is further certified that the entity status in Texas is active. In testimony whereof, I have hereunto signed my name officially and caused to be impressed hereon the Seal of State at my office in Austin, Texas on November 26, 2001. 􀁃􀀻􀁾􀁃􀀮􀁨􀀢􀂷􀀧􀀠 Geoffrey S. Connor Assistant Secretary of State Come visit us on the internet at http://\\Ww.s.os.sta te.lx,usI PHONE(512) 􀁾􀀶􀀳􀂷􀀵􀀵􀀵􀀵􀀠FA)((512) 􀁾􀀶􀀳􀀭􀀵􀀷􀁬􀁬􀀧􀀩􀀠ITY7-1-1 Pn:pttred by: £MIMe!! F..iu Steve Chutchian To: Jim Cullar Subject: RE: Public Storage Valuation Assumptions Jim -sony it has taken so long to get back with you. I seem to always have some dog nipping at my heels around here. Please note the following response to your questions: 1. We will take the initiative to demolish the buildings within the 25 ft. setback area, as well as within the street right-of-way, by a separate contract from the roadway construction contract. We will need to acquire a TCE from the storage people prior to bidding the work. The demolition contract probably would not be let for another year or so. 2. If we rely on the owners to demolish any building structures in the setback area, we may not them demolished in this decade. 3. The temporary construction easement would encompass the area within the 25 ft. width. Can you value it without having the easement in hand at this time? or do we need to prepare a legal description and map now? 4. Yes, the existing structures seem to be directly affected by our proposed improvements. We continue to get calls from the owner's representative, Tracy Taylor, with Watson & Taylor, Inc. They are apparently very interested in obtaining the portion of our Parcel 14, adjacent to Surveyor Blvd. that we are willing to swap for their property. Do you know when your appraisels on Parcels 12, 13 & 14 will be complete, I look forward to seeing you andror Richard at our meeting on Dec. 6th, Thanks. Steve Chutchian -····Original Message---From: Jim Cullar [mailro:jimcullar@airmall.ne11 Sent: Friday, November 30, 20016:42 PM To: Steve Chutchian Subject: Public Storage Valuation Assumptions Dear Steve, 1 , We are under the impression that the you will want to have the right (by permission or TCE) to demolish the improvements within the 25 foot building setback from the new Arapaho Road. If so, and if not acquired by agreement, (if condemned) your attomey will most likely recommend a formal TCE. 2. Will the City want to do the demolition within the new 25 foot setback area? ,t)ur guess is that the City may not be able to enforce demolition, unless they do it themselves and have a legal wo1\ing area. --4 3. If you will need aTCE covering the 25 foot setback, we should value it. 4. Is it col)sistent with your thinking that we should value the portion of the improvements in the 25 foot setback area? We will complete this appraisal soon after hear from you on the answers to this question. Happy Holidays, Jim Cullar 1 COWLES &THOMPSON A Professional Corporation ATTORNEYS AND COUNSELORS ANGELA K, WASHINGTON 214.672.2144 AWASHINGTON@COWLESTHOMPSON.COM November 28,2001 Mr. Davi pence Hexter air Title Company 833 ouglas Avenue, Suite 130 D as, Texas 75225 RE: GF No. PC01139261 Dear David: Enclosed is a copy of the executed and acknowledged Waterline Easement document from Tarragon Realty. I have infonned Mr. Rubenstein with Tarragon of the infonnation you requested in the title commitment. Please take whatever steps are necessary to complete this transaction and obtain the Seller's Settlement Statement. Let me know if you have any trouble obtaining the infonnation you need for the title insurance. Also, enclosed is an executed copy of your fonn requesting deletion of the arbitration provision. Ifyou have any questions or need anything further, please give me a call. Sincerely, 􀁾􀁲􀁱􀁾Angela K. 􀁗􀁾􀁧􀁴􀁯􀁮􀀠"! AKW/yjr Enclosures c: l.Steve Chutchian, wlTown Mr. Ken Dippel, w/finn 901 MAIN STREET SUJTE 4000 DALLAS, TEXAS 752{)2.3793 DALLAS T Y L E R TEL 214.672.2000 FAX 214.672.2020 WWW.COWLESTHOMP$ON.COM Docurru::nt 14: 919294 PERMANENT WATER LINE EASEMENT AND TEMPORARY CONSTRUCTION EASEMENTS STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF DALLAS § WHEREAS, Tarragon Brooks L.P. ("Grantor") is the Owner of certain property described in Exhibit A, attached hereto and made a part hereoffor all purposes; and WHEREAS, the Town of Addison, Texas ("Grantee") is constructing a water line in and through a certain portion of said property, and adjacent to certain other portions ofsaid property; and WHEREAS, in connection with the construction of the water line, it is necessary to provide for a permanent easement in and through a certain portion of said property, and to provide for temporary construction easements over and across certain other portions of said property; NOW, THREFORE, for and in consideration of the sum of TWELVE THOUSAND· DOLLARS ($12,000.00) and other good and valuable consideration to Grantor in hand paid by Grantee, the receipt and sufficiency of which are hereby acknowledged, Grantor does by these presents Grant, Sell and Cnnvey unto Grantee the following: 1. A permanent easement across, over, under and through that real property described in the first five paragraphs of Exhibit A and shown and depicted on Exhibit B, both attached to and incorporated herein for all purposes, for the purpose of constructing, maintaining, replacing and repairing an underground water line. 2. Two temporary construction easements for the purpose of passing over, along, under and across that real property, which easements are described in the remainder of Exhibit A and also shown and depicted on Exhibit B. Grantor and Grantee further agree as follows: 􀁾􀀠A. Tne temporary construction easements shall only be used by Grantee and its contractors in connection with the construction and installation of the water line within the permanent easement granted in Paragraph I, and the construction of the public street and right-of-way adjacent to the temporary construction easements. B. The temporary construction easements shall expire 10 days after completion of all work for which they are granted. C. Grantee agrees that all work to be performed by or for Grantee in the easement areas shall be performed in a good and workmanlike manner, and Grantee shall uptm completion of the work restore the easement areas, including landscaping, sprinklers, curbing and paving to the same or better condition as existed prior to entry thereon by Grantee, and shall leave the easement area clean and free of debris. In addition, the work site shall be reasonably cleaned at the end ofeach workday during the performance of the work. 1 Water Lint &'Temporary Construction Easements -Tarragon Brooks .. Doeumeflt f1: 936659 D. Once commenced, all work for which the temporary easements are granted under this Agreement shall be completed by or for Grantee as quickly as reasonably practicable, but in no event more than 90 days after work is commenced. All work performed by Grantee shall be performed between 8:00 A.M. and 6:00 P.M. Monday through Saturday, and will be performed so as to minimize as much as practicable, disturbance ofthe operations of Grantor's property and the use thereof by Grantor and its lessees, licensees, invitees, agents and employees. Except in an emergency, as determined by Grantee or its contractor, Grantee shall provide Grantor 24 hours notice prior to temporarily discontinuing water supply to the remainder of Grantor's property in connection with its work during the 90-day period described above. E. Grantee shall indemnify and hold harmless Grantor and its affiliates and partners and respective officers, directors and employees from and against any and all liability, actions, causes of action, damages, claims, lawsuits, judgments, costs and expenses for personal injury or property damage suffered by any person to the extent that such injury or damage may be caused by any negligent act of Grantee in connection with work performed by or for Grantee under this agreement; provided, however, that such indemnity is provided by Grantee without waiving any immunity that it may be entitled to, and further such indemnity is subject to and shall not exceed the monetary limitations of damages as set forth in the Texas Tort claims Act. In providing this indemnity, Grantee is not waiving any defense afforded by federal or Texas law, and this indemnity is solely for the benefit of Grantor and its affiliates and partners and respective officers, directors and employees and is not intended to create or grant any rights, contractual or otherwise, to any other person or entity. F. A pre-construction meeting regarding the work to be performed in the 90-day period described in Paragraph D shall be held at the property between representatives ofGrantee and Grantor. Unless otherwise agreed to by Grantor, Grantee shall notify Grantor at least 30 days prior to the commencement of such work, and shall provide a schedule of work to Grantor's property manager at that time. All work areas shall be properly marked and secured. TO HAVE AND TO HOLD the above-described rights-of-way in and to said premises with the right of ingress and egress thereto together with all and singular the rights and hereditaments thereunto in anywise belonging unto the Town of Addipon and its successors and assigns forever, and Tarragon Brooks L.P., does hereby bind its ,iIeirs, successors, assigns, executors and 􀁾􀁩􀁮􀁩􀁳􀁴􀁲􀁡􀁴􀁯􀁲􀁳􀀠to defend all and singular said premises unto the Town of Addison, its successors alJd assigns against every person whosoever lawfully claiming or to claim the same or any part thereof. EXECUTED this ?£!t1 day of A0ffl ' EXHIBIT "B" '. , fli)£ WID !tl4l'lfI!f!i!$ $ll!IfIilWI!'If 􀂣􀀬􀀬􀂮􀁾􀀠􀀮􀀧􀀮􀁉􀁾􀀠.1􀁾􀁾􀀠,1S ill 'I!{': BUSINESS AVENUE;/1" tJ'.' t:t It.., 1{ 60' RoO.W. i (t fJ'If 4! APRIL 11. 1978 , 'Ilt:t ; VOl.. 78155, PG. 0001j 􀀬􀁾􀁪􀀠4! . -.. ( .... -p.RoD.C.T. [', .•••. _􀁾􀀱􀀧􀀻􀁲􀀠-Ii 􀁾􀁑􀀢􀀨􀁾􀁾􀀠h. 􀁾􀁅􀁁􀁬􀁔􀁙􀀠ROAD t .._.} 1-" ,. T",';' ; '-1 CI rt.1:;-("'"7' ,· .. ._d' . __ ;":,;." '# _,<'.,,".7"_... ..,.... 􀀭􀀢􀀭􀀢􀀭􀀢􀁾􀁾􀀮􀁾􀁧􀀷􀀺􀂷􀂷􀀭􀂷􀂷􀀭􀀢􀀭􀀭,...-----...-. .....􀁾􀀺􀀭􀀭􀀺􀀺􀀧􀀭􀀮􀀠'-.. 􀁾... 􀀬􀀬􀁾􀀮􀀻􀀮􀀠.._ ...... -.::::.VOl:. 18155. PG. 0001 (CAWlI .."..,....., PRCIPOSm ARAPAHO ROAD ••.o.R.D.C.T. '. ;.-. S 17"58'5S· ..E. ·..,...81;!.21.1' c.:':. ", ..".,:-. ·.P,.O.B. roLl-.. '. 􀀮􀁾..--.!ll. t .:! 􀁟􀀡􀁾􀁾􀀠·.,;:::":::.::;;;:􀁾� �􀀠42!48" I\..;.}..:,.' 􀁾􀀠􀁾􀀠􀀺􀁾􀀮􀀬􀀮􀀠t::-r L5 H 78":!6'42.".rW .c .2Zl..'14' ..' L4. •..1 " CAU£ll 12.'-463 AC. "i '.<'. "\,t>. AEtNA UFE INSURANCE, 1<.//, :"' i; \ .., 􀁾􀀱􀁾􀁾􀁳􀁾􀁾􀁾􀀠..':1 DEC£IIBER 11; 1979 􀁾􀁾􀀱􀀹􀀸􀀲􀀠n \PVOl.. 822so. PG. 2115BLOCK 2 VOl.. 79252. PC. 0210I.); DAD.C.T.D.R.D.C.T.I ':'l IiI' '//I PARCEL 18-1 . A PLAT Of' A NOTES: 􀁟􀁾􀀢􀀢􀀬􀀬􀁟􀀠0.0782 ACRE (3.407 SQ. FT.) ,#; (,F 􀁾􀁾􀀠lRACT Of' LAND AUL EASEMENTS SllOIItI ARE TAKEN FROM THE PLATS INDICATED 􀁾􀁗􀀢􀀺􀀧􀁜􀁾􀀢􀀻􀀻􀀧􀀧􀀦􀀺􀀯􀀮􀁾􀀯􀁾􀁾􀀧􀁜􀀠IN lHE DAVID M"IERS SURIlEYHEREON. THE SURWYOR DID NOT ABSlRACT THE SUBJECT ....:-<." .1_ "'->.'y • DSlRACT NO 923 PROPERTY SO AUl EASEMENTS MAY NOT BE SHOIIN. .. ....';):";()f 􀁾􀀠"0-. to ru;J • /l...............-.....:... 􀁾􀀠 TOWN Of' ADDISON AUL BEARINGS lIRE REfERENCED TO THE NORTH RIGHT OF WAY UNE 􀁾􀁜􀀠􀀮􀁾􀁾􀁾􀁾􀁾􀀮􀀡􀁬􀀺􀀮􀀮􀁾􀀺􀁾􀁾􀁾􀁬􀀮􀀡􀁾􀀠􀀬􀁾􀀠DAU.AS COUNTY. TEXASOF CENlURfON WAY. CALl£D S 89'51'55" E. ACCORDING TO THE ........ DENOTES A F'OUND POINT AS INIllCATED ANAL PLAT OF LOT 3, SURVEYOR ADDITlON. RECORDED IN VOl.. • DENOTES A S/8" IRON ROD SET 􀁾􀀠􀁾􀀻􀀢􀀺􀂷􀂷􀀢􀀰􀀲􀀹􀀱􀁏􀀬􀀬􀁹 􀀧􀁾􀁦􀀠100 0 50 100 200􀁜􀁜􀁾􀀢􀀧􀀺..􀀢􀀧􀁯􀀬􀁾􀁜􀁖􀀮􀂷􀀠.0 tI • •77173. PAGE 135. D.R.D.C.T. OTHER'MSE NOTED .••·'.'. . " _ ...l􀁾􀁨􀀮􀂥􀀨􀀩􀂷...􀀧􀀮􀁾􀁾􀀠􀁾􀀠_ _\ ... ,»"l. 􀀧􀀮􀀬􀁾􀀮􀀬􀀬􀀩􀀬􀀠__ ----PROPOSED RlGHT OF WAY UNE A LEGAL DESCRIPTION OF EVEN SURVEY DATE H!R£'MTH 􀁾􀀮􀁾􀀻􀀠. •• GRAPHIC SCAlE ACCOMPANIES THIS PLAT. //-'5-I 1 INCH = 100 FT. i," • <'.'. .. 􀀮􀀬􀁾􀀢􀀮..: .. " .•..;.:''';' .. '._w, • ': '>, :.. '= ;'"w" .;. :';U .•􀁾􀀠." 􀁾-.. ":: '.../'\ :: .. ,,:"'.,-.-w ------y "'" BElT UNE-IdARSH BUSINESS PARK DECEMBER II, 1979 VOL. 79252, PG. 0210 D.R.D.C.T, L.+ ......n • • Bt.OCK 2 CALl.ED 12.463 AC.' AElNA UFE INSURANCE COMPANY DECEMBER 21. 1982 VOL. 92250, PG. 295 D.R-D.CoT• ,', ..􀁾􀁾􀁗􀀱􀀱􀁬􀁩􀁩􀀩􀁉􀁍􀁬􀁗􀁭􀁓􀀤􀁗􀁊􀁬􀁊􀁩􀁬􀁷􀁬􀁩􀁩􀀡􀀧􀁬􀀱􀀠􀁾􀁾􀀤􀁊􀀺􀀱􀁪􀁬􀁾􀀠ft8ft 􀁾􀀠PARCEL 18-2. 18-lE NOTES, All EASEMENTS SHOWN ARE TAKEN FROM THE PlATS INDICATED HEREON. THE SURVEYOR DID NOT ABSTRACT THE 􀁓􀁕􀁂􀁾􀁃􀁔􀀠PROPERlY SO All EASEMENTS MAY NOT 8E SHOWN. All BEARINGS ARE REFERENCED TO THE NORTH RIGHT OF WAY UNE OF CENTURION WAY, CAllED S 89"51'55' E, ACCORDING TO r.... DENOTES A FOUND POINT AS INDICATED THE FINAl PlAT OF lOT 3. SURVEYOR ADDI1lON, RE CORDED IN • DENOTES A 5/8' IRON ROO SET UNlESS 100VOL. 77173, PAGE 135. D.R.D.C.T. ' OTHERWISE NOTED -PROPOSED RIGHT OF WAY UNE: A lEGAl DESCRlPllON OF EVEN SURVEY DATE HEREWITH ACCOMPANIES THIS PlAT. ,'>. ' ,'., , '. " ..... " 􀀧􀀮􀀺􀁾􀀠"',' .' , " : .',:-. ".1 •• 􀀭􀁾􀀠, . ,.,". " ,...... , .-􀁾􀁩􀀭􀂷􀂷􀀧􀀮􀀬􀁾􀀠" ":0":'"..I ," :;-'.':'. ,"_. A PLAT OF A 0.0981 ACRE (4.272 SQ. FT,). 0.0275 ACRE (1.197 SQ. FT.) TRACTS OF LAND IN 1HE DAVID MYERS SURVEY ABSTRACT NO. 923 TOWN OF ADDISON DAIJ.AS COUNTY. lE XAS o 50 100 200 -GRAPHIC SCALE 1 INCH = 100 FT• .. .,' :-.... "" 􀁾􀀧􀀺􀀠.:. . ;'. ",.> 􀀧􀀮􀀾􀀺􀁾􀀧􀀬􀀠''''. ' .....:...:: ;: "':' ....;, , 􀀮􀁾􀀠 DATE SUBMITTED: November 16, 2001 FOR COUNCIL MEETING: November 27, 2001 Council Agenda Item: SUMMARY: This item involves the acquisition ofArapaho Road, Phase II Right-of-Way from Aetna Insurance Company, located at the southeast corner ofMarsh Lane and Realty Rd. (Belt Line-Marsh Business Park). FINANCIAL IMPACT: Funding Source: Funds are available from the Year 2000 General Obligation Bond Program, Project No. 83300. Cost: $43,395 BACKGROUND: These parcels are last pieces ofpermanent right-of-way needed fur the construction of Arapaho Road, Phase II (Marsh Lane to Surveyor Blvd.). Through negotiation with Aetna Life Insurance Company, staffhas reached a tentative agreement fur a fee-simple taking ofpermanent right-of-way, containing a total of7,679 square teet ofland, at a unit price offive dollars and sixty-five cents ($5.65) per square foot (See attached maps of parcels 18-1 & 18-2). The total cost ofthis acquisition is $43,395. In addition, a temporary construction easement, with an area of 1 ,197 square feet, and fuur temporary driveway easements, with a total area of3,614 square feet, are also included and considered subsidiary to the total cost ofthe fee-simple acquisition.l!'he price ofthis taking is 􀁬􀁥􀁾than the appraised value. '! RECOMMENDATION: It is recommended that Council authorize the City Manager to offur a total 0[$43,395 fur the acquisition of7,679 square feet ofpermanent right-of-way and a total of4,811 square teet oftemporary easements from Aetna Life Insurance Company in the Belt Line-Marsh Business Park. UNE TABlEEXHIBIT "B" 􀁕􀁾􀀠􀀭􀀭􀁾􀀠L1 SJ8'Sl'4Of: S '06'.£ SOOYM'J8"w ~ N 􀁾􀀲􀀵􀀧􀀠'II 􀁾􀀠􀂷􀁾􀁕􀀺; 􀀡􀁾􀀬􀀠II CURVE TABLE CltORO 􀁾􀁜􀁉􀁅􀀭􀁉􀀠OEl.fA RADIUS IlENGTH1-elf Stl6'35' 530.00' 5821l2'12" E -1 95'Illl&\'UJIIlj) 􀁉􀁍􀁬􀁖􀁾􀁉􀁩􀁩􀀡􀀤􀀠􀀤􀀱􀁕􀁊􀀱􀁩􀁩􀁬􀁜􀀧􀁕􀁾􀁖􀀠C2 8'06'35-470.ocr S 82'02'12" E -66,47'&a®lll$ ."'.. BUSINESS A\lENUE I/,;lIP '.1$ (I. 􀁾􀀢":fJ"(j "VI.:' 'f . 60' R.O.W. ; , ..tJ! CJ fj APRIL 17, 1918 j " . VOl.. .'6155, PG. 0001'1.8 􀀬􀁦􀁦􀀺􀀡􀁾􀀠.:Ij 􀁾􀀠11:if ' . . I \l,R.O.C.T, ,.. _. 􀁾􀁲􀀢r -I,J. 􀀨􀀭􀁾􀀠􀁾􀀠" 􀁾􀁬􀁙ROAD I C'·, .. ,', ·....i 'J'" .. ".C,,· !! ,".,;1._,.,..􀁾􀀮􀀺􀁟􀀮􀀠.' 􀀢􀁾􀁾􀀮􀀧􀁴􀁾􀁾􀀬.....􀁾􀀠.................. ".. :.....-".,:. .. A ·:O·._ ....... .VOl:. 78155. PG. 0001 PROPOSED ARAPAHO ROAO _.c:I.' ••.I),ao.Cor. '. c ,.... 􀀺􀀮􀀮􀁾􀀬􀁏􀀬􀁂􀀬􀀠L1.. .;;; ..... "". 􀀧􀁾􀁃􀁉􀀠􀀧􀁾􀀮,:;:::;:"< 􀁾􀀠:.:..:.:...:...' I t5 '\'"':' . 􀁾􀀮􀀠.:::.-... \.'" N 􀀷􀀸􀀧􀀲􀀶􀀧􀀴􀀲􀀢􀁾􀁗􀀠-'2 22,74' L4 􀁾􀀻􀀠,:, 􀁾􀀠. ,􀁦􀀬􀁾􀀢􀁾􀀢􀀠CAI.LED 12.463 Ac. • 'q, 􀀮􀁴􀁾􀂷, .;1 I:J. BELT UNE-MARSH AEllIA UfE ItlSURANCE j /' ;"':1 ., /,r •,:;,1 • BUSINESS PARK COMPANY . DECEMBER 11, '979 DECEllBER 21. 1982 ii' i 􀁾􀀮􀀧􀀠(. 􀀡􀀻􀀺􀀻􀀧􀁾􀀮􀀠BLOCK 2 VOL 79252, PG. 0210 \101.. 822so. po, 285 D.R,O.C.T. n.R.D.c.T,.} Ii1"'/jl ./:...􀀬􀀬􀁾.,,' 'I 1/PARCEL 18-1". ".j A PLAT OF A 0,0782 ACRE (3.407 SQ, FT,)I/OT£S: 􀀢􀀢􀀻􀀭􀀻􀁾􀀡􀀧􀀮􀀢􀀬􀀬􀀠􀁾􀁲􀀮􀁣􀁾􀁟􀀬􀀠TRACT Of LAND ALL EASEMENTS SHOIIN ARE TAKEN FROId THE PLATS INDICATED 􀀯􀀧􀁾􀀧􀀻􀀾••5, ': ,.: ':". 􀁬􀁾􀀠....1; IN iHE DA\'10 MYERS SURVEY HEREON. THE SURVEYOR DlD NOT ABSTRACT THE SUBJECT 􀁾􀀮􀀬􀀮􀀺􀁩􀀻􀀬􀀱􀀾􀀠f ".4·.J 􀁾􀁜􀀠 /I .,.4...'<# .....L. .' -' -• = 􀀬􀀬􀁾􀁯, eE LT UNE-MARSH eUSINESS PARK DECEMBER 11, 1979 VOL. 79252, PG. 0210 D.R.D.C.T. C6--. "'􀁾􀁯􀁾􀀬􀀠R.O.W. -APIIIL..!1.J978􀀽􀀽􀀽􀁤􀁬􀁦􀀹􀁬􀁲􀁧􀀮􀀮􀀬􀀮􀀬􀀺􀁭􀁴􀁾􀀧􀀧􀀧􀁩􀁩􀀮􀀢􀀻􀀺􀀧􀀻􀁬􀁶􀁷􀁩􀁗􀁲􀁴􀀡􀀽􀀽􀀠D.R.D.c'T. P 0 B 􀀧􀁾􀁄N31"Sl"2S-E) 4 4 • ···2':!tr=ll=--i!75.:z6' BLOCK 2 CAllED 12.463 At. AElNA UFE INSURANCE COMPANY DECEMBER 21. 1982 VOL 822.50. PG. 285 D.R.ll.c'T.L2\ 􀀧􀁾􀁜􀁜􀁬􀁜\ 􀁃􀁾􀀬􀀠􀁾􀀠'C1 'I Lll (CALL£D N87'02:....."£) 􀁎􀀶􀀶􀀧􀀵􀀱􀀧􀀱􀁾􀀢􀁅􀀠􀁾􀀠24.113' /11)£VIID 􀀱􀁬􀁬􀁉􀁬􀀧􀁜􀁦􀁾􀁉􀁬􀁬􀀡􀀤􀀠􀁾􀁬􀁬􀀡􀁉􀁉􀁬􀁬􀀡􀁖􀁾􀁗􀀠£a®2@l4 PARCEL 18-2. 18-TE A PLAT Of A 0.0981 ACRE (4.272 SQ. FT.). NOTES: 0.0275 ACRE (1,197 SQ. FT.) TRACTS OF LANDAll EASEMENTS SHOWN ARE TAKEN FROM THE PLATS INDICATED HEREON. THE SURVEYOR DID NOT AeSTRACT THE SUBJECT IN THE DAVID MYERS SURVEY PROPERTY SO ALL EASEMENTS MAY NOT BE SHOWN. ABSTRACT NO. 923 TOWN OF ADDISON ALL BEARINGS ARE REFERENCED TO THE NORTH RIGHT OF WAY DALLAS COUNTY. TEXASUNE OF CENTURION WAY. CALLED S 89'51'55" E. ACCORDING TO ...... DENOTES A FOUND POINT AS INDICATED THE fiNAL PLAT OF LOT 3. SURVE YOR ADDITION, RE CORDE D IN • DENOTES A 5/8" IRON ROO SET UNLESS 100 0 50 100 200VOL 77173. PAGE 135. D.R.D.C.T. OTHERWISE NOTED ---PROPOSED RIGHT OF WAY UNE """_-_-...1_-'_ ' ! A LEGAL DESCRIPTION OF EVEN SURVEY DATE HEREWITH ACCOMPANIES THIS PLAT. GRAPHIC SCALE 1 INCH = 100 IT. ., ., ....-' ., ! ,.. : ,": . . . \. '" ,.",.􀀮􀁾􀀮􀀠􀁾􀀮􀀠 DATE SUBMITTED: November 16,2001 FOR COUNCIL MEETING: November 27,2001 Council Agenda Item: SUMMARY: Cost: $43,395 􀀧􀁆􀀢􀀱􀀮􀁶􀀰􀁉􀁖􀁴􀁾􀀤􀁥􀁮􀁶􀀢􀀬􀁥􀀠􀁾􀀠􀁆􀁾􀁾􀀠a.r<. ttvaikfok 􀁾􀁾􀀠BACKGROUND: III eel\iunctiun with the pfgpgsed eembaction ofPbase II ofAt'apahe Read; fffim Marsh---'?( Laae t9-Snrveyor Blvd, acquisition oflreeesSIIFY tight Q;t: way is nearing oompletwn Through negotiation with Aetna Life Insurance Company, staffhas reached a tentative agreement fur a fee-simple taking ofpermanent right-of-way, containing a total of7,679 square feet ofland, at a unit price offive dollars and sixty-five ceuts ($5.65) per square fuot (See attached maps ofparcels 18-1 & 18-2). The total cost ofthis acquisition is $43,395. In addition, a temporary construction easement, with an area of 1,197 square feet, and four temporary driveway easements, with a total area of3,614 square teet, are also included and considered subsidiary to the total cost ofthe fee-siplple acquisition. The price ofthis taking is less than than the appraised value. 1 RECOMMf£NDATION: It is recommended that Council authorize the city Manager to offer a total of$43,395 for the acquisition of7,679 square feet ofpermaneut right-of-way and a total of4,811 square feet oftemporary easements from Aetna Lire Insurance Company in the Belt Line-Marsh Business Park. ..----.__ ..􀀬􀀬􀀧􀀮􀁾􀀬.•..._._-_....,.'--.. ,..EXHIBIT "B" 􀁾􀀠UNE Ll L2 I.J iA L5 BEARING S 39"02"36-E S OO1l6'IS" £ N 40'38'25" W S 12'22'29-W II 77'58'55" W UNE TABLE VOL 79252, PO. 02' 0 VOl. 82250, pc. 285 I ' I BlOCK 2 I.): /I D.R.O.C. T. D.RD.C,T. /1 !Jl PARCEL 18-1"! I' A PLAT OF A 􀀢􀀡􀁾􀀧􀀧􀀧􀀭􀀧􀀧􀀠0.0782 ACRE (3.407 SQ, FT.)NOTES: /-'>""... 􀁾􀀢􀀧􀀬􀀠TRACT OF LAND AU.. EASEMENTS SHOWN ARE TAKEN FROM THE PLATS INDICATED X': \\ . 􀀮􀀧􀀮􀀧􀀬􀀻􀀮􀀭􀀬􀀬􀀧􀀨􀁽􀁾􀀧􀁬􀀠IN THE DAVID MYERS SURVEY HEREON. THE SURVEYOR 010 NOT ABSTRACT THE SUBJECT 􀀻􀁨􀀺􀀧􀀧􀀮􀀮􀁩􀀧􀀧􀁜􀀧􀀻􀁾􀁴􀀧􀁾􀀻􀀻􀀺􀂷􀁶􀁯􀁬􀀧􀁜􀀠ABSTRACT NO. 923PROPERTY SO ALL EASEMENTS MAY NOT BE SHOv.w. "i ::L.......:......:.'.. 􀁾􀀠TO'M'l OF ADDISON AU.. BEARINGS ARE REFERENCED TO THE NORTH RIGHT Of WAY UNE .r A,Y:Jf',B:..S'\,NI::lll .t» DALLAS COUNTY, TEXAS or CENlURION WAY, CALLED S 89'5"SS' E, ACCORDING TO THE • DENOTES A FOUND POINT AS INDICAlIJ) ANAL PLAT Of LOT J. SURVEYOR ADDlllON, RECORDED IN VOL. • DENOTES A 5/8" IRON ROO SET UNLESS \ .,"'1>A Z910 i\,·f/100 a SO 100 200􀀼􀀮􀁾􀀢􀀡􀀠􀀺􀁾􀁅􀀮􀀮􀀮􀀬􀂣􀁜􀀨􀁽􀂷􀀮􀀺􀀮􀀮􀀮􀁃� �􀁦􀁽􀀯􀀠., IOTHERWISE NOTED \JI.·1.()-... _•., •.􀁾􀁟􀀠􀀮􀁜􀀬􀁾􀀧􀀠􀁾__....-77173, PAGE '35, D.Ro.C, T. ---PROPOSED RIGHT Of WAY UNE 􀁬􀀮􀀢􀁾􀁨􀀺􀀮􀀠􀁾􀀧􀀺􀁃􀀲􀀮􀀮􀀧􀀿􀁩􀀺􀁢􀀮􀀠---A LEG.AL DESCRIPllON Of EVEN SURVEY DATE HEREWITH 􀁾􀀧􀀧􀀴􀀬􀀮􀀬􀀻􀀻􀁾􀀠GRAPHIC SCALE ACCOMPANIES THIS PLAT, 􀁉􀁉􀀭􀁾􀀠-f!;/1 INCH 􀁾􀀠100 FT, ,-"" j, ------􀀬􀀭􀀭􀁾..,:,"". j 􀁯􀀧􀀩􀁜􀁾􀁜􀀧􀁘􀁾􀁔􀀠"B" <;< Q Q. 􀁾􀀠Q. 􀀬􀁾􀀮􀀠􀁌􀀭􀀭􀀭􀀭􀀭􀁾􀁴􀁩􀀭􀀭􀀻􀀺􀁏􀀭􀁾􀁍􀁁􀁒􀁓􀁈􀀽􀁉􀀺􀂻􀁲􀀠=, 􀀬􀀬􀁾􀀢􀀺􀁾􀀭􀀭􀀭􀀧􀀢􀀡􀀠􀁾􀁑􀀨􀁦􀀮􀀮􀀠R.O.W. (OAU.EO N67'OT«"t) 􀁾􀀠 APRIL 17. 1978 N66'51'H"E􀁣􀀽􀀽􀀽􀀽􀀽􀀽􀀽􀁾􀁾􀁾􀁴􀁾= D.R.D.C.T. 24.53'" CSc-\., 􀀢􀀨􀁾􀁉􀀮􀁕􀁅􀁄􀀠"'I...·'."') P.O.B.'= 􀁾􀁄􀁚􀁩􀁉􀁄􀀧􀀽􀁅􀀺􀀺􀀺􀀻􀀽􀀲􀀷􀀵􀀮􀀺􀁺􀁬􀀻􀀧􀀠-====== BELT UNE-MARSH BUSINESS PARK BLOCK 2DECEMBER 11. 1979 VOL. 79252, PG. 0210 CALLE 0 12.463 AC.D.R.D.C,! AE'lNA UFE INSURANCE COMPANY DECEMBER 21, 1982 VOL. 82250, PG, 285 D.R.D.C.T. [ljI£WH[ljI 1IlIiI'I1!i::Iii$$WJIiiW!i::'I1 􀂣􀁑􀀡􀀡􀁬􀁬􀁾􀁀􀀠L4 PARCEL 18-2, 18-lE A PLAT OF A 0.0981 ACRE (4,272 SQ. FT.). NOTES: 0.0275 ACRE (1.197 SQ. FT,) TRACTS OF LAND ALL EASEMENTS SHOWN ARE TAKEN FROM THE PLATS INDICATED HEREON. THE SURVEYOR DID NOT ABSTRACT THE SUBJECT IN THE DAVID MYERS SURVEY PROPERTY SO ALL EASEMENTS MAY NOT BE SHOWN. ABSTRACT NO. 923 TOWN OF ADDISON ALL BEARINGS ARE REFERENCED TO THE NORTH RIGHT OF WAY DALLAS COUNTY, lEXASUNE OF CENTURION WAY. CAlLED S 89'51'55" E, ACCORDING TO THE FINAL PLAT OF LOT 3, SURVEYOR ADDIllON. RECORDED IN 100 0 50 100 200VOL. 77173. PAGE 135, D,R,D,C,T. A LEGAL DESCRIPTION OF EVEN SURVEY DATE HEREWITH ---ACCWPANIES THIS PLAT. GRAPHIC SCALE 1 INCH = 100 FT. • • , i;l . . 􀁾􀀺􀀠 After Recording Return To: Angela K. Washington STATE OF TEXAS § Cowles & Thompson § 901 Main Street, Suite 4000 COUNTY OF DALLAS § Dallas, Texas 75202 RIGHT-OF-WAY DEED DATE: _______--', 2001 GRANTOR: AE'INA LIFE INSURANCE COMPANY GRANTEE: Town ofAddison, Texas 5300 Belt Line Road Addison, TX 75001 (Dallas County, Texas) CONSIDERATION: FORTY-THREE mOUSAND mREE HUNDRED NINETY-FIVE DOLLARS AND 00/100 ($43,395.00), in hand paid by Grantee, the receipt and sufficiency of which is acknowledged by Grantor. PROPERTY (INCLUDING ANY IMPROVEMENTS): Two tracts of land, herein referred to as Parcels 18-1 and 18-2, together containing approximately 7,679 square feet ofland, and more particularly described in Exhibit A-I (Parcel IS-1 Field Note Description) and Exhibit A-2 (parcellS-2 Field Note Description), and depicted on Exhibit B-1 (parcel IS-1 Survey Depiction) and Exhibit B-2 (pa.rctI IS-2 Survey Depiction), all of which are1tttached hereto and incorporated herein by reference. CONVEYANCE: Grantor, for the consideration described above grants, sells, and conveys to Grantee the Property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and to hold it to Grantee, Grantee's heirs, executors, administrators, successors, and assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, successors, and assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and forever defund all and singular the Property to Grantee and Grantee's heirs, executors, administrators, successors, and assigns against every person whomsoever lawfully c1aiming or to claim the same or any part thereof. Warranty D ••draft.IsIS-! & !8-1-l'age I MISCELLANEOUS: (a) Nothing in this instrument shall be construed as a waiver by Grantee of any utility connection charge or other charges imposed by ordinance or Charter ofthe Town ofAddison. (b) The Property hereby conveyed may be nsed as a public right-of-way for the passage of vehicular and pedestrian traffic, including (without limitation) streets, roads, sidewalks, utilities, drainage, and other customary uses of public right-or-way. Improvements may be on such grade and according to such plans and specifications as will, in the opinion of Grantee, best serve the public purpose. (c) The consideration described above shall be deemed full compensation fur the conveyance of the Property, and fur any diminution in value that may result to the remaining property ofGrantor by virtue ofGrantee's use ofthe Property. (d) When the context requires it, singular nouns and pronouns include the plural. EXECUTED effective as ofthe day first written above. AETNA LIFE INSURANCE COMPANY By: Print Name: Print Title: STATEOFTEXAS § § COUNTY OF DALLAS § Before Me, the undersigned notary public in and for said counr and state, on this __ day of , 2001, personally appeared... ' known to me tq be the identical person who executed the within and foregoing document, and acknowledged10 me that he executed the same in his authorized capacity, and that by his signature on the instromeut, the person, or entity upon behalf of which he acted, executed the instrument, fur the uses and purposes therein set forth. Notary Public, State ofTexas Print Name: My Commission Expires: [SEAL] Steve Chutchian from: Washington, Angela [awashington@cow1esthompson.com] Sent: Thursday, November 15, 20012:37 PM To: Steve Chutchian (E-mail); DIPPEL, KEN Subject: FW: Temporary Construction Easement Agreements for Parcel 18, Are paho Road Project FYI: Status Report from Farley Houston on Aetna agreements. -----Original Message----From: Houston, Farley [mailto:farleyhouston@akllp.comj Sent: Thursday, November 15, 2001 2:28 PM To: Washington, Angela Subject: RE: Temporary Construction Easement Agreements for Parcel 18, Arapaho Road Project Thanks, Angela. I'm just waiting to conference with Aetna's in-house counsel to make sure they are satisfied with the documents. I'll get you my comments as soon as possible. Farley G. Houston Andrews & Kurth L.L.P. 1717 Main Street, Suite 3700 Dallas, Texas 75201 Phone: (214) 659-4503 Fax: (214) 659-4812 Email: farleyhouston@akllp.com -----Original Message----From: Washington, Angela [mailto:awashington@ cowlesthompson.com] Sent: Thursday, November 15, 2001 2:26 PM To: Houston, Farley Ce: Steve Chutehian (E-mail); DIPPEL, KEN Subject: Temporary Construction Easement Agreements for parcel IB, Arapaho Road Project Farley: I decided to go ahead and send the other two agreements just i1 case. They .. are the 􀁔􀁥􀁭􀁰􀁯􀁲􀁡􀁲􀁹􀁾􀁯􀁮􀁳􀁴􀁲􀁵􀁣􀁴􀁩􀁯􀁮􀀠Easement Agreement for parcel lS-TE and the '1 Temporary Construction Easement Agreement for Arapaho Road Driveway Exhibits A,B,C,&D. Let me know if you have any changes. Angela «Temp Const Ease (Driveway Ease) -Parcel IS.DOC» «Temp Const EaseAetna Life Ins Co. DOC» 1 Parcel 16 TXU Electric Company 17 -Lincoln Trust Company 18 -Aetna Life Insurance Co 19TE -Mesquite Creek Develop (Racetrac) 20 -AMB Property II, L.P. 21 TE -Osteomed Driveway Exhibits E & F -AMF ARAPAHO ROAD PROJECT PHASE II Status Report 11/12/01 Document 􀀮􀁾􀀱􀀮􀀮􀀠 Right-of-way Deed (16) Temp Const Ease (Drvwy Ex I) Right-of-way Deed (17-1 & 17-2) Temp Canst Ease (17-TE) Right-of-way Deed (18-1 & 18-2) Temp Canst Ease (18-TE) Temp Const Ease (Drwy Ex A,B,C&D) Temp Const Ease (19-TE) Right-of-way Deed (20) Temp Canst Ease (Drvwy Ex G & H) ...... Temp Const Ease (21-TE) Temp Canst Ease (Drvwy Ex E & F) Status Executed & filed Executed & filed Executed & filed Executed & filed Forwarded to Atty for review (w/o purchase price) 1119/01 Forwarded to Racetrac 11/02/01 Awaiting execution Executed & filed Executed & filed Forwarded to Pat Haggerty 1118101 to get signature Executed & forwarded to Town for filing 1117101 J)oI;ument It: 917m COWLES &THOMPSON A Professional Corporation ATTORNEYS AND COUNSELORS ANGELA K WASHINGTON 21.,&12:.2144 AWASHINGTON@COWLESTHOMPSOH.COM November 9,2001 ey Houston Kurth, LLP tree!, Suite 3700 75201 RE: Arapaho Road Project Dear Mr. Houston: As we discussed, enclosed are !be following documents: L Right-of-Way Deed for Parcels IS-1 and IS-2; 2. Temporary Construction Easement for Parcel IS-TE; and 3. Temporary Construction Easement for Driveway Exhibits A, B, C and D. As I stated over the telephone, I do not yet have the final dollar amount; however, [ am forwarding the documents in an effort to expedite matters. If you have any questions or proposed changes, please give me a call. ..􀁾􀁲􀁱􀁊􀀭􀀭 1 Angela K. 􀁗􀁾􀁯􀁮􀀠AKW/yjr Enclosures c: 4Steve Chutcbian, wlTown (w/o Enclosures) Mr. Pat Haggerty, w/Campbell Company (w/o Enclosures) Mr. Ken Dippel, w/firm (w/o Enclosures) 'J'01 MAtN STREET SUITE 4000 GALLAS, TEXAS 75202·]79) DALLAS T Y L E R TEL 214.672.2000 FAX 214.672.2020 www.COWLESTHOMPSON.COM COWLES &THOMPSON A Professional CoqHHatfon ATTORNEYS ANO COUNSELORS ANGELA it. WASHINGTON 2'14.672.2144 A,WASHlHGTONO;COWLESTHOMPSON.COM November 8, 2001 Mr. Davi Spence Hexter air Title Company 8333 ugJas Avenue, Suite 130 , Texas 75225 RE: Parcel 18-1 -Revised Field Notes & Survey Dear David: As we discussed, enclosed are revised field notes and a revised survey for Parcel 18-1 owned by Aetna Life Insurance Company. Your file number is PCOI139259. It is my understanding that you will be revising the Title Commitment based on these documents. Thank you for your attention to this matter. If you have any questions, please give me a call. Sincerely, 􀁾􀀡􀀮􀁷􀀰􀁲􀀠AKW/yjr Enclosures j Mr. Steie Chutchian, wlTown (w/o Enclosures) qOl MAIN STREET SUITE 4000 DALLAS, TEXAS 75202-3710 o ALL A S T Y L E R TEL 214.672.2000 FAX 214.672.2020 WWW.COWlESTHOM PS 0 N.C 0 M COWLES &THOMPSON A ProfessIonal Corpotation ATTORNEYS AND COUNSELORS ANGELA K. WASHINGTON 214,612.2144 AWASHINGTON@COWLEsrnOMP50N£OM November 8, 200 I /VIA HAN rfJELIVERY Mr. Prick J. Haggerty Ca bell Company I 475 Dallas Parkway #700 ddison, TX 75001 RE: Parcel21-TE, Arapaho Road Project Phase II Dear Pat: As we discussed, enclosed is the Temporary Construction Easement Agreement with original exhibits for Parcel 21-TE owned by Osteomed Corporation. After execution by Osteomed, please forward the original to the Town of Addison so that they can have the document recorded. Also, please forward a copy of the executed document to me for my files. Thank you for your attention to this matter. If you have any questions or if you need assistance, please do not hesi tate to call. Sincerely, 􀀪􀁷􀁾􀀻􀀻􀀢􀀺􀀺􀀺􀁲0/􀁾􀀠􀁾􀀠AKW/yjr "1 Enclosure c: 􀀢􀁾􀁲􀀮􀀠Steve Chutchian, wlTown (wlEnc.) Mr. Ken Dippel, w/firm 901 MAtN STREEf SUITE 4000 DAllAS, TEXAS '5202-3i'J"J TEL 214 b12.2000 FAX 214 b12.2020D ALL A S T Y L E R TEMPORARY CONSTRUCTION EASEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF DALLAS § THAT OSTEOMED CORPORATION, a California Corporation, hereinafter called GRANTOR, for and in consideration of the sum of ONE DOLLAR ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does by these presents grant, sell and convey to the Town of Addison, hereinafter called GRANTEE of the County of Dallas and State of Texas, a temporary easement and right to pass over, along, under and across a portion (the "Easement Area") of GRANTOR'S property, which easement and rigbt of passage is shown and depicted on Exhibit B, attached to and incorporated herein, for the purpose of constructing a roadway to be known as Arapaho Road. The Easement Area is described as follows: See attached Exhibit A (Field Note Description for Parcel 21-TE), which is made a part of this easement as if fully copied herein. This temporary construction easement shall only be used by GRANTEE and its contractors in connection with the construction ofa public rigbt-of-way adjacent to the Easement Area. GRANTEE shall restore the Easement Area to the condition that existed before the construction of the roadway. This temporary easement shall terminate 24 months from the date of the Notice to Proceed with construction under the construction contract for the roadway adjacent to the Easement Area, or upon completion of the construction of the portion of the roadway adjacent to the Easement Area, whichever is earlier. TO HAVE AND TO HOLD unto the Town of Addison, TFxas as aforesaid, for the purposes and on the conditions set forth hereinabove, the easement 􀁾Easement Area described above. GrantorJlinds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and defend all and singular the Easement Area to Grantee for the duration and purposes set out herein against every person whomsoever lawfully claiming or to claim the same or any part thereof. EXECUTED this ___day of_______, 200t. GRANTOR OSTEOMED CORPORATION By: _____________________________ Print Name: Print Title: TEMPORARY CONSTRUCTION EASEME!'o'T PARCEL 21·TE Document_ Q61S17 STATE OF TEXAS § COUNTY OF DALLAS § BEFORE ME, the undersigned notary public in and for said county and state, on this ;--__ day of .2001. personally appeared • known to me to be the identical person who executed the within and foregoing document, and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or entity upon behalf of which he acted, executed the instrument, for the uses and purposes therein set forth. GIVEN UNDER my hand and seal ofoffice the day and year last above written. Notary Public, State of Texas Print Name: MY COMMISSION EXPIRES: [SEAL] TEMPORARY CONSTRUCTION EASEMENT PARCEL ll-TE tltXv.mi:n1' 967$17 Parcel 21-TE Id Note Description Arapaho Road Project Town of Addison Dallas County, Texas BEING a description of a 0.0532 acre (2,315 square foot) tract of land situated in the David Myers Survey, Abstract Number 923, Town of Addison, Dallas County, Texas, and being a portion of Lot 4R, Block 1 of "Lots 2R, 3R, & 4R, BLOCK 1 of Belt LineMarsh Business Park", an addition to the Town of Addison as evidenced by the plat recorded in Volume 95100, Page 03275 of the Deed Records of Dal County, Texas, said Lot 4R being all of a called 4.3625 acre tract of land conveyed to Osteomed Corporation by the deed recorded in Volume 2001082, Page 06116 of said Deed Records, said 0.0532 acre tract of land being more particularly described by metes and bounds as follows: BEGINNING at the common Southwest corner of said called 4.3625 acre tract and Southwest corner of a tract of land dedicated for Right of Way of Arapaho Road by said plat of "Lots 2R, 3R, & 4R, Block 1 of Belt Line-Marsh Business Park", being in the East line line of Lot 1, Block I, of "Lot 1, Block I, Belt Line-Marsh Business Park", an addition to the Town of Addison as evidenced by the plat recorded in Volume 83042, Page 1983 of said Deed Records, same being a called 5.4319 acre tract of land conveyed to AMB Property II, L.P. by the deed recorded in Volume 98157, Pg. 05195 of said Deed Records, from said beginning point an aluminum disk found for the common Southeast corner of said Lot 1 and most Westerly Southwest corner of said Right of Way dedication bears South 12"01'05" West, a distance of 12.00 THENCE, NORTH 12"01' 05" EAST, (Called Northl12"12' 01" East) , along the 􀁾􀁯􀁭􀁭􀁯􀁮􀀠West line of said Lot 4R and East line of said Lot 1, a Qistance of 10.00 feet to a point for corner; THENCE, SOUTH 77"58'55" EAST, departing said common line, a distance of 231.53 feet to a point for corner; THENCE, SOUTH 12"01'05" WEST, a distance of 10.00 feet to a point in the common South Line of said Lot 4R and North line of said Arapaho Road Right of Way Dedication; THENCE, NORTH 77"58' 55" WE:ST, (Called NORTH 77"47' 59" WEST), along the common South line of said Lot 4R and North Right of Way line of said Arapaho Road, a distance of 231.53 feet to the POINT OF BEGINNING; Page 1 of 2 EXHIBIT A PARCEL 21-TE -ARAPAHO ROAD PROJECT CONTAINING an area of 0.0532 acres or 2,315 square feet of land within the metes recited. All bearings are referenced to the North Right of Way line of Centurion Way, called S 89"51'55" E, according to the final plat of Lot 3, Surveyor Addition, recorded in Vol. 77173, Page 135. Deed Records of Dallas County. Texas. A plat of even survey date herewith accompanies th description. I. Ayub R. Sandhu, a Registered Professional Land Surveyor, hereby certify that the legal description hereon and the accompanying plat represent an actual survey made on the ground under my supervision. Ay b R. Sandhu, R.P.L.S. Texas Registration No. 2910 1 Page 2 of 2 (CIoLI.fD N 1212'0'" E) N 12"01'05" E 10.00' N 12"01'05" £ 12.00' FOUND. ALUIoIINUW ItS)I>f!."p 􀀬􀀬􀁾􀁏􀀠RO 􀁃􀁾􀁏􀀮􀀷􀁾􀁾􀁾􀀠􀁾􀀻􀁩􀀷􀀵95\00, C,. 0.11..0 ." " EXHIBIT "B" ,TEOMEO CORPORAliON CAll£D 4.3825 AC. L. 2001082."i'i8. 06111S O.R.O.C.T. LOT 4R D'SKBLOCK 1 􀁾􀁒􀀬􀀠3R & 4R. BLOCK 1 OF 􀁾􀁅􀀭􀁉􀀮􀀴􀁁􀁒􀁓􀁈􀀠BUSINESS PARK )L, 95100. PG, 03275 D.R.D,C.T. DETAIL S 12"01'05" W 10.00' 5" E -231.53' 􀁾􀀠􀁾􀀠............... .. 􀀧􀁎􀁔􀁩􀀵􀀸􀀻􀁾􀁲􀁩􀀠'''':'231.53' \\". (CAlJ.£!) N77 "7'S9"W) \ """\ ...... r,· ...... I, 􀀢􀁩􀀮􀁜􀁾􀀠l; l 􀀭􀁾􀀢􀀠'\.\ 􀁾􀀠\ ," .'".... \\ '-'.;g \\ 􀁜􀁾􀁜􀀠0.\ 􀁾􀁜􀀠,\ 1! . PARCEL 21-TE A PLAT OF A 􀁾􀀠0.0532 ACRE (2,315 SQ. FT.) TRACT OF LAND􀁎􀀢􀁬􀀻􀀻􀀧􀁾􀀻􀀻􀂷􀀧􀀻􀀻􀁾􀀮􀁾􀀬􀀬􀀢􀀬􀀮􀀠IN THE DAVID MYERS SURVEY􀀭􀀺􀁊􀀭􀂷􀀺􀁩􀀮􀀷􀁾� �􀀩􀁆". 􀀧􀁾􀀢􀁦􀀡􀀬􀁜{"􀁾􀀪􀀭􀀢􀀠I \\􀁉􀁦􀀬􀁦􀁾􀁜􀀮􀀭...., ...... ,+ 􀁾􀀠ABSTRACT NO. 9234) 􀁾"'G \ is 􀁉􀁬􀀺􀁦􀁴􀁾.._􀁾􀀯􀀮If •• ,'0;:; 􀀮􀁾􀁉􀀮􀀬􀀠0 .. ul \ TOWN OF ADDISON􀀧􀁬􀁾􀁩􀁦􀁬􀁊􀁾􀀺􀁦􀁴􀀺 􀀠􀁾..􀀢􀀬􀀢􀀢􀀬􀀮􀀢􀀧􀁾􀀠ljlr • .." ! 't DALLAS COUNTY, TEXAS􀁩􀁾􀀠,.:.... R. r;AND!il; :-il,', "rUB ......... .1' "t 􀀺􀀧􀀺􀀮􀀺􀁯􀂷􀀢􀀺􀀩􀀹􀀮􀁏􀁾􀁾􀂷􀀠Vi 100 0 50 100 200 ENOTES A FOUND POINT AS INDICATED 􀀧􀀻􀁾􀀠􀀻􀀺􀀬􀀺􀀧􀀻􀁾􀀿􀀼􀀢:'\'1' 41 1_-_-_' I I IENOTES A 5/8" IRON ROO SET ROPOSED RIGHT OF WAY UNE GRAPHIC SCALE 􀀬􀁾􀁾􀁾􀀠= 100 FT.1 INCH Steve Chutchian From; Washington, Angela [awashington@cowlesthompson.comj Sent: Thursday, November 08,2001 4:48 PM To; 'Debbie Brown' Cc: 'Steve Chutchian (E-mail)'; DIPPEL, KEN Subject: RE: Temporary Construction Easement -Parcel 19 Arapaho Road Proj eet (Addison, TX) I have spoken to the Town and to Pat Haggerty (the Town's representative who worked with Mr. Milam on this). They have informed me that the plan has always been to obtain the easements prior to beginning the project, as we cannot finalize our construction plans until all necessary easements are obtained. Please relay this to Mr. Milam and let me know if it will be possible to get the document executed within the next few days. Thanks for your assistance. -----Original Message----From: Debbie Brown [mailto:dbrown@racetrac.com] Sent: Thursday, November 06, 2001 12:21 PM TO: Washington, Angela Subject: RE: Temporary Construction Easement -Parcel 19 Arapaho Road Project (Addison, TX) I have turned the document over to Bill Milam who told me that it was his understanding that the easement would not be granted until the project was underway. > -----Original Message----> From: Washington, Angela [mailto:awashington@cQwlesthompson.comj > Sent: Thursday, November 06, 2001 12:38 PM > To: Jdbrown@racetrac.comr > cc: Steve Chutchian (E-mail); DIPPEL, KEN > Subject: Temporary Construction Easement -Parcel 19 Arapaho Road > Project (Addison, TX) > , > .. > Hi Debbie: > > On November 2, 2001, I e-mailed to you the Town of Addison's proposed > agreement for a temporary construction easement for the purpose of > constructing a roadway. I faxed the exhibits on that same date. > Can you tell > me the status on this matter? Has the document been executed? If there are > any questions on the document, I can be reached at 214-672-2144. > Thanks for > your assistance. > > Angela Washington > \ 1 \, COWLES &THOMPSON A Professional Corporation ATTORNEYS AND COUNSELORS ANGELA K. WASHINGTON 214.672.2144 AWASHINGTON@COWLESTHOMPSON.COM November 7, 2001 Mr. Steve Chutchian Town ofAddison P.O. Box 9010 Addison, TX 75001-9010 RE: Arapaho Road Project Phase II Driveway Exhibits E and F Dear Steve: Enclosed is the original executed Temporary Construction Easement for Driveway Exhibits E and F, Arapaho Road Project Phase II. Once it has been recorded by the City, please forward a file-marked copy to me for my files and, per her request, I will forward a file-marked copy to Ann Garris with AMF BOWling. Ifyou have any questions, please give me a call. AKW/yjr Enclosure 􀁾􀀠c: Patrick r. ""! Haggerty f41re 77k PILe!) (.1: i.t...-( t:..t:.. R-/f 􀁾􀀢􀀺􀁐􀀠Campbell Company Co/leS 7D /t-IV tf-e'-"J (16475 Dallas Parkway #700 Addison, TX 75001 Wrvq( Ken C. Dippel, w/firm 􀁾􀁾􀀠901 MAIN STREET SUITE 4000 DALLAS, TEXAS 75202-3193 DALLAS T Y L E R TEL 214.612.2000 FAX 214.612.2020 TEMPORARY CONSTRUCTION EASEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF DALLAS § THAT AMERICAN RECREATION CENTERS, INC., a California corporation, hereinafter called GRANTOR, for and in consideration of the sum of ONE DOLLAR ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does by these presents grant, bargain, confinn and deliver to the Town of Addison, hereinafter called GRANTEE ofthe County of Dallas and State of Texas, a temporary easement and right to pass over, along, under and across portions of GRANTOR'S property (the "Easement"), as shown and depicted on Arapaho Road Driveway Exhibit E, attached hereto and incorporated herein ("Easement Area 1 ") and Arapaho Road Driveway Exhibit F, attached hereto and incorporated herein ("Easement Area 2") (both Easement Area 1 and Easement Area 2 shall sometimes be collectively referred to herein as the "Easement Area"), for the purpose of constructing a roadway to be known as Arapaho Road (the "Roadway"). This Easement is temporary and shall only be used by GRANTEE and its contractors in counection with the construction of the Roadway adjacent to the Easement Area. GRANTEE shall restore the Easement and Easement Area to the condition that existed before the construction ofthe Roadway. GRANTEE agrees to and does hereby indemnifY and hold harmless GRANTOR and will defend GRANTOR from and against any and all claims, actions, damages, liability and expense, including reasonable attorneys' fees, in connection with loss of life, personal injury and damages to property alleged to have been caused by any negligent act ofGRANTEE in connection with or arising out of GRANTEE'S construction activities authorized by this Easement and occurring in the Easement and Easement Area, unless such damage, injury or cost arises out of the gross negligent or willful acts of GRANTOR, its agents, employees, contractors, and invitees; provided however, that such indemnity is provided by GRANTEE without waiving any immunity that it may be entitled to, and further, such indenmity is sUbict to and shall not exceed the monetary liljitations ofdamages as set forth in the Texas Tort Claims Act. In providfug this indemnity, 􀁇􀁾􀁔􀁅􀁅is not waiving any defense afforded by Federal or Texas law, and this indemnity is solely for the benefit of GRANTOR and not intended to create or grant any rights, contractual or otherwise to any other person or entity. Access to and use of the Easement and Easement Area by GRANTEE for the purposes expressly provided hereunder shall not materially interrupt or disrupt GRANTOR'S use of the remainder of GRANTOR'S property during the construction of the Roadway and shall not be used in a manner that will at any time prohibit or substantially interfere with all access to and from Grantor's Property. GRANTEE agrees not to store equipment and materials necessary to the construction of the Roadway on the Easement and Easement Area. GRANTEE may record this instrument at its expense. TEMPORARY CONSTRUCTION EASEMENT PAGEl · . , ' This Easement shall terminate 24 months from the date the Notice to Proceed with construction under the construction contract for the Roadway adjacent to the Easement Area is issued, or upon completion of the construction of the portions of the Roadway adjacent to the· Easement Area, whichever is earlier. TO HAVE AND TO HOLD unto the Town of Addison, Texas as aforesaid, for the purposes and on the conditions set forth hereinabove, the Easement and Easement Area described above. Grantor binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and defend all and singular the Easement or Easement Area to Grantee for the duration and purposes set out herein against every person whomsoever lawfully claiming or to claim the same or any part thereof. EXECUTED this 2. ,vb day ofNovember, 2001. GRANTOR AMERICAN RECREATION CENTERS, INC., a California corporation :r-/l By 􀁤􀁡􀀭􀁍􀁾􀀠 Mark S. Hatcher Title Vice President of Real Estate STATE OF VIRGINIA § COUNTY OF HANOVER § 􀁾􀀠BEFORE ME, the undersigned notary public in and for said county and state, on this 􀀨􀀮􀀮􀀮􀀮􀀮􀁾􀀠day of November, 2001, personally appeared Mark S. Hatcitr, known to me to be the identical 􀁰􀁥􀁲􀁳􀁯􀁾who executed the within and foregoing document, and: acknowledged to me that he executed 􀁴􀁨􀁾same in his authorized capacity, and that by his signature on the instrument, the person, or entity upon behalf of which he acted, executed the instrument, for the uses and purposes therein set forth. GIVEN UNDER my hand and seal ofoffice the day and year last above written. 􀁾􀁳􀁤􀁾􀀠NOTARY PUBLIC MY COMMISSION EXPIRES: 10/31/03 [SEAL] TEMPORARY CONSTRUCTION EASEMENT PAGE 2 Documenllf.: 975121 • 􀀭􀁾􀁾..􀁾􀁾􀀭􀀧􀀭􀀭􀀧􀀭􀀭􀀭􀀢􀀧􀀧􀀧􀀧􀀮􀀧􀁾􀀧􀀧􀀧􀀧􀀧􀀧􀀧􀀭􀀧􀀭􀀧􀀧􀀭􀀧􀀭..--,,-, .,; Q) I.. o " +'" .t:> t:; 􀁾􀀠 9􀁾􀀠 􀁾􀀠 -,, SCALE: '''=2ll' SE CORNER OF BUSINESS AVE AND ARAPAHO RD 􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀁾􀀭􀀭􀁾􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀁾􀀠NW CORNER ARAPAHO ROAD OF TCE 􀁾􀀠V 􀀯􀀭􀁓􀀱􀀷􀀮􀁾􀁾􀀧􀀵􀀵􀀢􀁅􀀠􀀽􀀭􀀭􀀭􀁾􀀭􀀭􀀭, , , NW CORNER OF TCE DRIVEWAY AREA = 202 SF = 0.0046 AC. THE NW CORNER THE TEMPORARY CONSTRUCTION EASEMENT IS LOCATED 76.70' AT A BEARING OF S77·58'55"E FROM THE PT OF ROW CURVE AT THE SE CORNER OF BUSINESS AVE AND ARAPAHO RD. . PT OF ROW CURVE-o _Pir-----------C) EXISTING 􀁴􀀨􀁕􀀧􀁉􀁎􀁾􀀠I\;;:',,4'i IATES -/' 76.70' ARAPAHO ROAD􀁾􀀠( ; TCE LOCATION MAP DRIVEWAY EXHIBIT E&L-________________________________________􀁾___________________ _____􀁾" '" N.T.S. X ---_____________________________ · : .." ." -... LINCOLN TRUST COMPANY CUSTODIAN " 'rEXISTING ROW 􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀁾􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀁾􀀭􀀭􀁾􀀭􀀭􀀭􀀭􀀭SCALE: 1"=20' 􀁣􀁾􀀠ARAPAHO ROAD _ _􀁾􀀫􀁄􀀿__':J__________+------"--------"-t---------" DRIVEWAY EASEMENT AREA -------cr --􀀭􀀺􀀭􀀺􀁯􀀭􀀮􀀮􀀮􀀮􀀮􀁾􀀠o NE CORNER OF TCE THE NE CORNER OF THE TEMPORARY CONSTRUCTION EASEMENT IS LOCATED 30.07' AT A BEARING OF N77"58'55"W 􀁆􀁒􀁾􀀠THE PC OF ROW CURVE OF SW CORNER OF 􀁃􀁏􀁍􀁍􀁾􀁒􀁃􀁉􀁁􀁌􀀠RD AND ARAPAHO RD. = 250 SF = 0.0057 AC. --------TRIANGLE o o 􀀭􀁾􀀭,.. CURVEOF RD c ROAD'" " ,,; CD 1o .;+ " .D .c x w .;CD a. " .;.c .;ARAPAHO ROAD'" r-'" DRIVEWAY EXHIBIT F'"N .;-5L􀁾___________________________􀁾􀀠ARAPAHO ROAD NE CORNER OF TCE TCE LOCATION MAP N.T.S • PC OF ROW SW CORNER COMMERCIAL AND ARAPAHO Steve Chutchian From: Washington, Angela [awashington@cowleslhompson.com] Sent: Wednesday, November 07, 2001 11 :51 AM To: 'Chuck Rubenstein' Cc: 'mabraham@pacificwestmgmt.com'; Steve Chutchian (E-mail); DIPPEL, KEN Subject: RE: Addison Waterline Easement Agreement (Brooks Apartments) Mr. Rubenstein: My responses and concerns to your proposals are below: 1. We met with your management on site regarding the issues, including working Monday through Saturday. The City had requested 12 months. The management wanted 60 days Monday through Friday. We compromised on 90 days Monday through Saturday in order to ensure completion in 90 days or less. Management considered this to be workable. I am copying Ms. Abraham so that she knows what I am attributing to her. 2 & 3. Municipalities in Texas are very limited with respect to indemnification. Article 11, Section 5 of the Texas Constitution prohibits municipalities from incurring an unknown debt. Thus, in order to be valid, any indemnification clause we can offer has to be very limited. If I adjust the language as you request, the clause will be invalid. There is supporting case law. 4. City staff is not comfortable adding a 􀁰􀁲􀁏􀁖􀁾􀁓􀀱􀀰􀁮􀀠that in essence requires that the schedule be approved by the Grantor. The schedule has already been dictated by the Grantor to the extent that it must be between 8:00 a.m. and 6:00 p.m. Monday through Saturday. In addition, we have agreed to notify Grantor at least 30 days prior to commencement of 􀁴􀁨􀁾􀁷􀁯􀁲􀁫􀀠and we have agreed to a Pjfconstruciton meeting, where I assume issues and concerns .., " will be worked out: If after that the Grantor is allowed to veto or hold up the schedule, it could cause problems with subcontractors and interfere with our ability to complete the work within the time allowed by the contract. If you can tell me what kinds of scheduling matters are of concern to your management, perhaps we can build in additional safeguards. Please let me know as soon as possible if you believe these matters can be worked out, as the City has public health and safety concerns with the waterline and will need to make alternate plans quickly. Thank you for your attention to this matter. Angela washington 1 􀀭􀀭􀀭􀀭􀁾􀁏􀁲􀁩􀁧􀁩􀁮􀁡􀁬􀀠Message----From: Chuck Rubenstein (mailto:crubenstein@tarragonrealty.com] Sent: Monday, November 05, 2001 11:43 AM To: 'Washington, Angela' Cc: Larry Grigsby Subject: RE: Addison Waterline Easement Agreement (Brooks Apartments) I have the following comments: 1. In Paragraph E, work may be performed Monday through Friday only. Parking is very tight and Saturday work which takes away any parking spaces does not work for us. 2. In Paragraph F, add the words ",reckless or willful" after the word "negligent" in the fifth line. 3. In Paragraph F, delete the words "provided, 􀁨􀁯􀁷􀁥􀁶􀁥􀁲􀁾􀀠..ncontinuing to and including the word "and" , beginning after the word "agreement on the 6th line and ending prior to the word "this" on the 9th line. Capitalize the word "this" in the 9th line. 4. In Paragraph G, add the words"which is reasonably acceptable to Grantor" after the word "time" on the 4th line. Please confirm that these changes are acceptable. -----Original Message----From: Washington, Angela [ mailto:awashington@cowlesthompson.com J Sent: wednesday, October 17, 2001 3:02 PM To: 'crubenstein@tarragonrealty.com'; 'mabraham@pacificwestmgrnt.com' Cc: 'jpierce@ci.rowlett.tx.us'; 'Steve Chutchian (E-mail)' Subject: Addison waterline Easement Agreement (Brooks Apartments) > Dear Mr. Rubenstein and Ms. Abraham: > I am enclosing 􀁡􀁮􀁾􀁥􀁲􀀠copy of the agreement forwarded to you on October 11. 1 The Town informs me that the staff has made its site visit and marked the property to show you what areas would be affected during construction. Now that you have all the information, please let me know if you are ready to sign the agreement or if there are issues that remain unresolved. If you cannot open the agreement document, please let me know by replying to this message or give me a call at 214-672-2144 and I will fax the agreement. The Town is anxious to begin construction to avoid weather delays and minimize the inconvenience to you and the residents. Thank you so much for your assistance in this matter. I look forward to hearing from you. 2 > Angela Washington > > > «Addison waterline Easement Agreement» 3 Steve Chutchian From: Steve Chutchian Sent: Wednesday, October 31,20014:13 PM To: 'hknight@arsengrs,com' Cc: Michael Murphy; Jim Pierce; Luke Jalbert Subject: Revisiojn to Parcel 18-1-Arapaho Rd" Phase II Hugh -Ernie Cox and I discussed the need to revise the legal description and map of parcel 18-1 of the Arapaho Rd" Phase II project, Specifically, the portion of the proposed right-of-way that encroaches upon the existing parking lot along the south side of Realty Road, and owned by Aetna, should be relocated to within 1/2 ft, of the back of the curb, In addition, the revised right-of-way line should wrap around the existing north/south walk section on the far east end of the property. This will affect the corner clip alignment at Business Ave. It is requested that three (3) sets of revised legal descriptions and maps be prepared as indicated above, Your letter proposal for performing this work is anticpated and appreciated. Thank you, steve Chutchian Assistant City Engineer , " 1 TXU TXU Business Services 300 South St. Paul Street Dallas, TX 75201 P. O. Box 139083 Dallas, TX 75313-9083 September 12, 2001 Mr. Steven Z. Chutchian, P.E. Assistant City Engineer Town of Addison 16081 Westgrove Drive P.O. Box 9010 Addison, Texas 75001-9010 Re: Drainage Improvements for Arapaho Road Phase 2 Extension Dear Mr. Chutchian: TXU Electric Company understands that the above referenced roadway extension will include box culvert and concrete channel lining improvements which extend outside the limits ofthe right-of-way which TXU recently conveyed to the Town of Addison for this project. Some ofthese drainage improvements fall within the limits ofour remaining right-of-way, where the Town of Addison installed a concrete lined channel in 1994. TXU Electric Company hereby grants the Town ofAddison permission to make the necessary drainage improvements for the Arapaho Road Phase 2 Extension project within our right-of-way. Should you have any questions please feel free to call me at (214) 875-3092. Very truly yours, 􀁾􀁾􀁋􀁾􀀠(/Jerry ru'der, SRIWA Rigtf. ofWay Agent, Sr. COWLES &THOMPSON A Professional Corporation ATTORNEYS AND COUNSELORS ANGELA K. WASHINGTON 214.G72.2144 AWASHlNGTON@COWLESlliOMPSON.COM September 12, 2001 Ms. Sandra Goforth Accounting Manager Town ofAddison P.O. Box 9010 Addison, TX 75001-9010 Mr. Steve Chutchian Town ofAddison P.O. Box 9010 Addison, TX 75001-9010 RE: Parcel 20 Arapaho Road Project Phase II Dear Sandra and Steve: In connection with Parcel 20, Arapaho Road Project Phase IT, enclosed are the following documents: 1. Buyers Settlement Statement; 2. A copy ofthe executed Right-of-Way Deed; and 3. A copy ofthe executed Temporary Construction Easement. 1 Once the 􀁓􀁥􀁴􀁴􀁾􀁥􀁮􀁴􀀠Statement has been executed and the money forwarded to Hexter Fair, they will forward tlie purchase price to Lincoln Property for distribution to AMB Property IT, LP. Should you decide to wire the money to Hexter Fair, wiring instructions are enclosed. If you have any questions or concerns, please give me a call. 4+)L. 􀁩􀁦􀁾􀀩􀀭􀀭AngelaK. Washington ,-. ) /' AKW/yjr Enclosures c: Mr. Ken C. Dippel, w/firm 901 MAIN STREET SUITE 4000 DALLAS, TEXAS 7S20Z·37<}3 OALLAS T Y L E R TEL 214.672.2000 FAX 214.072.2020 WWW.COWLESTHOMPSON"COM III!rI'ER FAIR TITLE September .2, 􀀲􀁑􀁏􀁾􀀠POO1.1363Sa 􀁐􀁲􀁯􀁰􀁡􀁾􀁾􀁹􀀠__􀁾􀁰􀁾􀁥􀁾􀁊􀁓􀁾􀀮􀁾􀀱􀁾􀀳􀁾􀀻􀁾􀁧􀁾􀁁􀁬􀀦􀁣􀁌􀁃􀁥􀁾􀁲􀁾􀀬􀁾􀀳􀀡􀁝􀁓􀁾􀁏􀁾􀀱􀁌􀀮􀁪􀁒􀁹􀁡􀁡􀁡􀁾􀁉􀁗􀁥􀁾􀁶􀁾􀁊􀀾􀁕􀁩􀁾􀀶􀀧􀁾 􀁊􀁏􀁜􀀸􀀦􀁤􀁾􀁤􀁾􀀱􀁾􀁳􀁾􀁯􀀲􀁮􀁾__􀀬􀀿􀀼􀁾􀁾________________________________􀁾______________ D§Y;i.d 􀁍􀁹􀁡􀁾􀀱􀀡􀁓􀀠SUF •• A-Sl23tLT '1 􀁡􀁸􀁾􀀬􀀠BErJr.tJxq Ml\.RSH BUSINESS PARl'C, p.al.l.aa c9\1nty. "rex sen.,. 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AIJy real 􀁥􀀮􀀢􀁴􀁡􀁾􀀠_s_nt: or lander 􀀨􀁮􀁖􀀰􀀱􀁾􀀠Illl'V b. furnf4lt«f a copy of tJ\fa StaterMt'lt. PUrch...r 1.II"Idar&tAl'llda that:: tax .M frwurttne. pror*tlona: Qf'I4 1"'.".1"'..... weN: butlcd on 1igurea for th. 􀁰􀁲􀀮􀁾􀀮􀁤􀁦􀁮􀁧􀀠YO''''!'''" or supptrwd W 􀁏􀀧􀁴􀁨􀀮􀁬􀀧􀁾􀀠or ••t::IJNlCft for C\lrr.nt year, 􀁾In the evlCl"l'C of -.,. c::h.l'IQ,o for c:vrr.nt 􀁾􀀮􀁲􀀬􀀠ol.t nac........r"" WJuat:lJIM1ta II'IJ&';: bo 􀀱􀁉􀀮􀁾􀁥􀀠b.t_.., P\.lrch...r .nd ••U.,. 􀁤􀁦􀁲􀁍􀀢􀁾􀀠The 􀁵􀁮􀁤􀀮􀁲􀀤􀀱􀁾􀀠hereby 􀁾􀁨􀁯􀁲􀀧􀁡•• KEXTER-'AIA TITLE COMPANY to 1'11&11:. tr..p..-.di turo. .nd dt􀁡􀁢􀁵􀁲􀁡􀁾􀁵􀀠•• ahown 􀁩􀁉􀁾􀀠and 􀁡􀁰􀁰􀁾􀁡􀀠􀀮􀁡􀁾􀀠fvr paym.nt. 􀁔􀁾􀀪􀀠unda,..lgnad oL.o .etnowLedQw& recetpt of Loan 􀁦􀁾􀀮􀀮􀀠'f 􀁾􀁬􀁬􀁣􀀮􀁢􀁬􀁥􀀮􀀠In th. amount ahown 􀀮􀁾and 􀀬􀀮􀁾􀁴􀁐􀁴􀀺􀀠of ..;., copy Of" thfa Sucamant. , .l ( 9/11;,2001 Q 􀀱􀀧􀀻􀁾.. m.. ) 09/11/01 "Ill: 09 FAX 2149813331 IIBXTER FAIR TITLE-,-------IilJ004 Haxter-Fair ntle Company8333 DO!l1!las Avenue, Suite 130 Dallas, TX75225 WIRING INSTRUCTIONS BANK: BANK OF TEXAS, N.A. 5956 Sh!lID' Lane Suite 18DO Dallas, TX 75225 ABAJI: 111 014325 TO: Hener-Fair TItle Company ACCT#: 0034595 REFERENCE: GFII PCOl136358 I NAME: Town of Addison Thank youl After Recordinl: Return To: Angela K. Washington Cowles & Thompson 901 Main Street, Suite 4000 STATE OF TEXAS § Dallas, Texas 75202 § COUNTY OF DALLAS § RIGHT-OF-WAY DEED DATE: __􀁾􀁚􀀧􀀧􀀧􀀭􀀭􀀭-'1. .><1:>_-___, 2001 GRANTOR: AMB PROPERTY II, L.P. clo Lincoln Property Company 500 N. Akard Street, Suite 3300 Dallas, Texas 75201 GRANTEE: TOWN OF ADDISON, TEXAS 5300 Belt Line Road Addison, TX 75001 (Dallas County, Texas) CONSIDERATION: I I TWENTY-ONE THOUSAND THREE HUNDRED TEN DOLLARS AND 001100 ($21,310.00), in hand paid by Grantee, the receipt and sufficiency of which is acknowledged by Grantor. PROPERTY (INCLUDING ANY IMPROVEMENTS): See Exhibit A (Field Note Description for Parcel 20) and Exhipit B (Survey Depiction), . both attached hereto and incorporated herein by reference. " RESERVATlOis AND EXCEPTIONS: This conveyance is given and accepted subject to any and all validly existing restrictions, reservations, covenants, conditions, rights of way, and easements affecting the Property, if any, and filed of of record in the county and state where the Property is located, and subject to any municipal and other governmental zoning laws, regulations and ordinances affecting the Property. Except as otherwise expressly provided herein, Grantee, by its. acceptance of this Right-of-Way Deed accepts the physical conditions of the Property "AS IS, WHERE IS, WITH ALL F AUL TS" and in its present state or condition, without representation by Grantor or any of Grantors representatives as to any matter not expressly mentioned herein. SPECIAL WARRANTY DEED -Page 1 CONVEYANCE: Grantor, a limited partnership organized and existing under the laws of the State of Delaware, for the consideration described above grants, sells, and conveys to Grantee, a municipality authorized under the laws of the State of Texas, the Property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and to hold it to Grantee, Grantee's heirs, executors, administrators, successors, and assigns. Grantor binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and forever defend all and singular the Property to Grantee and Grantee's heirs, executors, administrators, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the Reservations (set forth above) from and Exceptions (set forth above) to such conveyance and warranty, when the claim is by, through, or under Grantor but not otherwise. MISCELLANEOUS: (a) Nothing in this instrument shall be construed as a waiver by Grantee of any utility connection charge or other charges imposed by ordinance or Charter ofthe Town ofAddison. (b) The Property hereby conveyed may be used as a public right-of-way for the passage of vehicular and pedestrian traffic, including (without limitation) streets, roads, sidewalks, utilities, drainage, and other customary uses of public right-or-way. Improvements may be on such grade and according to such plans and specifications as will, in the opinion of Grantee, best serve the public purpose. (c) The consideration described above shall be deemed full compensation for the conveyance of the Property, and for any diminution in value that may result to the remaining property ofGrantor by virtue ofGrantee's use ofthe Property. (d) When the context requires it, singular nouns and pronouns include the plural. EXECUTED effective as of the day first written above. l AMB Property II, L.P. By AMB Property Holding Corporation General Partner By: !Wtt? 􀁾􀁾􀀠􀁐􀁾􀁮􀁴􀀠􀁎􀁾􀀠FY¥Jl a,;"irPnntTIDe: ___ _______􀁾􀁾􀁾􀁾􀀮_____________ ! I SPECIAL WARRANTY DEED -Page 2 STATEOFTEXAS § § COUNTY OF DALLAS § Before Me, this instrument was acknowledged on this \ lo􀁾day of AI 􀀡􀁣􀀻􀀮􀁾􀁔􀀠2001, by '1'""0 !GLAOUI£C'-Rfr,ce , the :{ICf.C'Oee,O\QWT of AMB Property Holding Corporation, general partner on behalf of AMB Property II, L.P., a limited partnership, who acknowledged to me that he executed the same in hi's authorized capacity, 􀁡􀁾􀁤􀀠that by his signature on the instrument, the person, or entity upon behalf of which he acted, executed the instrument, for the uses and purposes therein set forth. Public in and for the State ofTexas Print Name: 'No> litE \5. IJATAL.E My Commission Expires: SPECIAL WARRANTY DEED -Page 3 Parcel 20 Field Note Description Arapaho Road Project Town of Addison Dallas County, Texas BEING a description of a 0.0978 acre (4,262 square foot) tract of land situated in the David Myers Survey, Abstract Number 923, Town of Addison, Dallas County, Texas, and being a portion of a called 5.4319 acre tract of land conveyed to AMB Property II, L. P., by the deed dated July 31, 1998 and recorded in Volume 98157, Page 05195 of the Deed Records of Dallas County, Texas, said called 5.4319 acre tract being all of RLot 1, Block 1, Belt Line-Marsh Business Par k", an addition to the Town of Addison, as evidenced by the plat dated January 10, 1983 and recorded 1n Volume 83042, Page 0425 of said Deed Records, said 0.0978 acre tract of land being more particularly described by metes and bounds as follows: BEGINNING at an aluminum disk found at the common Southeast corner of said called 5.4319 acre tract, Southwest corner of "Lots 2R, 3R, & 4R, BLOCK 1 of Belt Line-Marsh Business Park", an addition to the Town of Addison as evidenced by the plat dated May 3, 1995 and recorded in Volume 95100, Page 03275 of said Deed Records, and Southwest corner of a tract of land dedicated for Right of Way of Realty Road by said plat of RLots 2R, 3R, & 4R, BLOCK 1 of Belt Line-Marsh 􀁂􀁵􀁾􀁩􀁮􀁥􀁳􀁳􀀠Park", ,said point being in the North Right of Way line 6f Realty Road (60 feet wide) as dedicated by the plat of Belt Line-Marsh BusinesE Park, an addition to the Town of Addison, as evidenced by the plat dated April 17, 1978 and recorded in Volume 78155, Page 0001 of said Deed Records; 1 THENCE, NORTH 77°58' 55" WEST, (Called NORTH" 77°47' 59" WEST), along the 􀁾􀁭􀁭􀁯􀁮􀀠South line of said called 5.4319 acre tract and North Righi! of Way line of said Realty Road, a distance of 434.16 feet to a 5/8 inch iron rod set in the proposed North Right of Way line of Arapaho Road; THENCE, SOUTH 82°22'10" EAST, departing said line and along the proposed North Right of Way line of Arapaho Road, a distance of 140.43 feet to a "PK" Nail set in saw joint for an angle pOint; Page 1 of 2 PARCEL 20 -ARAPAHO ROAD PROJECT THENCE, SOUTH 78"26'42" EAST, continuing along the proposed North Right of Way line of Arapaho Road, a distance of 294.16 feet to a RR Spike set in rock for the common East line of said called 5.4319 acre tract, West line of Lot 4R of said "Lots 2R, 3R, & 4R, BLOCK 1 of Belt Line-Marsh Business Park", and West line of that called 12.463 acre tract of land conveyed to Aetna Life Insurance Company by the deed dated December 21, 1982 and recorded in Volume 82250, Page 285 of said Deed Records; THENCE, SOUTH 12"01' 05" WEST, (Called SOUTH 12"12' 01" WEST), departing said proposed North Right of Way line of Arapaho Road, along said common line, passing at a distance of 1.12 feet the common Southwest corners of said Lot 4R and said called 12.463 acre tract and Northwest corner of said Right of Way dedication, continuing along the COmmon East line of said called 5.4319 acre tract and West lines of said Right of Way dedication and said "Lots 2R, 3R, & 4R, BLOCK 1 of Belt Line-Marsh Business Park", for a total distance of 13.12 feet to the POINT OF BEGINNING; CONTAINING an area of 0.0978 acres or 4,262 square feet of land within the metes recited. All bearings are referenced to the North Right of Way line of Centurion Way, called S 89"51'55" E, according to the final plat of Lot 3, Surveyor Addition, recorded in Vol. 77173, Page 135, Deed Records of Dallas County, Texas. A plat of even survey date herewith accompanies this description. I, Ayub R. Sandhu, a Registered 􀁰􀁲􀁯􀁦􀁥􀁳􀁳􀁩􀁯􀁮􀁾􀁬􀀠Land Surveyor, hereby certify that the legal 􀁤􀁥􀁳􀁣􀁲􀁩􀁰􀁴􀁩􀁯􀁮􀁾􀀠hereon and the 􀁡􀁣􀁣􀁯􀁭􀁰􀁡􀁮􀁹􀁩􀁾􀀠plat represent an actual survey made on the grou9d under my sqpervision. fiG"eQ. ;( 􀁾􀁲􀁲􀀮􀁦􀁨􀀠􀀮􀀱􀀭􀁰􀁾Ay b R. Sandhu, R.P.L.S. Texas Registration No. 2910 ! ! Page 2 of 2 -----------S St r RR SPIKE IN ROCK 1.17""S18'26'42"e: -294.16' FOUNO. ALUMINUM OlSK --:-==:::;:::--:-:::7':-=-=-'11::--N77"58'55"W -434.16' P.O,B. (CALLED N7l"47'S9'W) CAllED 3.816 AC. A. LEE PflUGER CHIlDREN'S TRUST VOL. 95134, PO. 2868 D.R.D.C.T. NOTES: ALL BEARINGS ARE REF'ERENCED TO LINE OF' CENTURION WAY. CAllED S 89'51'55" E, ACCORDING TO THE F'lNAL PLAT OF LOT 3, SURVE YOR ADDITlON RE CORDE D IN VOL. 77173, PAGE 135, D.R.D.C. T. • A LEGAL DESCRIPTION OF EVEN SURVEY DATE HEREWITH LCCOMPANIES THIS PLAT. DETAIL .. 1 THE NORTH RIGHT OF WAY EXHIBIT "B" LOT 1. BLOCK I BELT LINE-MARSH BUSINESS PARI< JAN. 10, 1983 VOL 83042, PG. 0425 O.R.O.C. T. AIIB PROPERTY II, LP. CAlLED 5.4319 ACRES .AJLY 31, 1998 VOL. 98157, PO. 05195 D.R.D.C.T. ! . .., ,. SET 'PI(' IN SA.. JOINT S 82'22'10" f; • S78"28'42"E . 140.43' . N11W55"W -434.18' (CAl.LED Nn-4T:sg'..) PROPOSED NW>NfO ROAD SEE. DETAIL (CAll.£D S 12'12"01'.) \IOL. 18155, PG, 0001 D.R.D.C.T. 􀁾􀀠􀁾􀀠I" II' II' .\ PARCEL 20 􀁾􀀠1 A PLAT or A"'" 0.0978 ACRE (4,262 SQ. FT.) TRACT OF LAND IN THE DA\liD MYE RS SURVE Y ABS TRACT NO. 923 TOWN or ADDISON DALLAS COUNTY, TE XAS ., ..., , 100• DENOTES A FOUND POINT AS INDICATED i o 50 100 200 _ _ e_ DENOTES A 5/8' IRON ROO SET ..\, . , I, " \ "j\. I ,i' I --r I 􀁬􀁾􀁩􀁩􀁩􀁩􀁩􀁩􀁩􀁩􀁩􀁩􀁩􀁩􀁩􀁩􀁊􀁬PROPOSED RIGHT OF WAY UNE GRAPHIC SCALE􀀭􀀴􀁾􀁾􀀮􀁾􀀤􀁁1 INCH = 100 FT. '.􀁾􀀭􀀭􀀭􀀭􀀭􀀭􀀺􀀭􀁾􀁛􀁑􀀩􀁾􀁾􀁕􀁛􀁑􀀩􀀠􀁦􀁋􀁊􀀮􀁎􀀧􀀨􀁧􀁾􀀤􀀠􀀤􀀡􀀡􀁊􀁬􀁾􀁾􀀨􀁧􀁗􀀠 􀁾􀁣􀀾􀁾􀁾􀀳􀀠 AETNA UFE INSURANCE CCMPANY CAUED 12.483 ACRES DECEMBER 21. 1982LOT 4R VOL. 82250, PO. 285 BLOCK 1 D.R.D.C.T, LOTS 2R. 3R &< 4R. BLOCK 1 OF' BELT LINE-MARSH BUSINESS PARK MAY 3. 1995 VOL. 95100. PG. 03275 D.R.D.C.T. ------REALTY ROAD-----VARIABLE R.O•••12"01'05" • APRIL 17. 197813.12' TEMPORARY CONSTRUCTION EASEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF DALLAS § THAT AMB PROPERTY II, L.P., a limited partnership, organized and existing under the laws of the State of Delaware, hereinafter called GRANTOR, for and in consideration of the sum of ONE DOLLAR ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does by these presents grant, sell and convey to the Town of Addison, Texas, a municipality authorized under the laws of the State of Texas, hereinafter called GRANTEE, a temporary non-exclusive easement and right to pass over, along, under and across portions of GRANTOR'S property (the "Easement") as shown and depicted on Arapaho Road Driveway Exhibit G, attached hereto and incorporated herein ("Easement Area 1") and Arapaho Road Driveway Exhibit H, attached hereto and incorporated herein ("Easement Area 2") (both Easement Area 1 and Easement Area 2 shall sometimes be collectively referred to herein as the "Easement Area"), for the purpose ofconstructing a public roadway to be known as Arapaho Road (the "Roadway"). This Easement shall only be used by GRANTEE and its contractors in connection with the construction of the Roadway adjacent to the Easement Area at Grantee's sole cost and expense. GRANTEE shall restore the Easement Area to the condition that existed before the construction of the roadway. This Easement shall terminate 24 months from the date the Notice to Proceed with construction under the construction contract for the Roadway adjacent to the easement Area is issued by the applicable governmental authority, or upon the expiration of 30 months following the date of execution of this Temporary Construction Easement, whichever is earlier. The termination of the Easement granted hereunder shall in no way relieve Grantee of its obligation to restore the Easement Area to its former condition, as provided above in the immediately preceding paragraph. I " As the Eaement Area covers all access points into the remainder of Grantor's property ..("Grantor's Property"), Grantee's access to and use of the Easement Area for the purposes expressly provided hereunder shall be undertaken by Grantee in a reasonable manner and shall not be used in a manner that will at any time prohibit or substantially interfere with all access to and from Grantor's Property by Grantor or any occupants thereof (including the employees, agents, contractors, customers and invitees of same), but must at all times allow for reasonable access to and from Grantor's Property by all such parties. All work performed by Grantee on the Easement Area shall be effected as expeditiously as possible, and Grantee shall not permit any liens to stand against the Easement Area for any work done or materials furnished in connection with the performance of the work described herein. Grantee shall indemnify, defend and hold harmless Grantor from and against any and all liability, claims, damages, expenses, (including reasonable attorney's fees and reasonable reasonable TEMPORARY CONSTRUCTION EASEMENT -AM8 PAGEl attorneys' fees on any appeal), liens, claims of lien, judgments, proceedings and causes of action to the extent that any alleged injury or damage is alleged to have been caused by any negligent act of Grantee in connection with (i) use of the Easement Area by Grantee, its contractors, employees, agents, successors, or assigns or (ii) the performance by Grantee, its contractors, employees, or agents of work for which this Easement is granted; provided however, that such indemnity is provided by Grantee without waiving any immunity that it may be entitled to, and further, such indemnity is subject to and shall not exceed the monetary limitations of damages as set forth in the Texas Tort Claims Act. In providing this indemnity, Grantee is not waiving any defense afforded by Federal or Texas law, and this indemnity is solely for the benefit of Grantor and not intended to create or grant any rights, contractual or otherwise to any other person or entity. The Easement granted herein is not intended and shall not not be construed as a gift or dedication to or for the benefit ofthe general public or for any public use or purpose whatsoever. It is expressly understood and agreed that the Easement granted hereunder is -and shall be non-exclusive, and Grantor does hereby reserve for itself and the occupants of Grantor's Property (as well as the employees, agents, contractors, customers and invitees of same) (i) the right to use and enjoy the surface of the Easement Area for access to and from Grantor's Property so long as same does not materially and adversely interfere with the use of the Easement Area by Grantee and (ii) the right to grant such other easements as Grantor deems desirable on the surface or subsurface of the Easement Area, provided that such other easements shall not materially and adversely interfere with Grantee's use ofthe Easement Area. TO HAVE AND TO HOLD unto the Grantee as aforesaid, for the purposes and on the conditions set forth hereinabove, the Easement and Easement Area described above, /6tl.. A LEXECUTED this _..w__,--_day of__:..;..:.......􀀮􀀺􀀻􀀻􀀮􀀧􀁾􀀢􀀧􀁾􀀤􀀮􀀮􀀺􀀮􀀭􀀱__., 2001. GRANTOR AMB PROPERTY II, L.P, .l By AMB Property Holding Corporation General Partner By: 1W{J. YJ7.1ti􀁌􀁾􀀨􀁙􀀱􀀬(; 􀁶􀁲􀀺􀁬􀁾Print Nallif Print :.t:ifle: 􀀭􀀽􀁊􀀽􀀭􀀭􀀭􀁟􀁾􀁜􀀬􀁾􀀩'c!.f..:.-'_______ TEMPORARY CONSTRUCfION EASEMENT -AMB PAGEl STATE OF TEXAS § COUNTY OF DALLAS § BEFORE ME, the undersigned notary public in and for said county and state, on this 1101:r' day of ALl';'! leT , 2001, personally appeare(> , knOVlll to me to be the 􀁩􀁤􀁥􀁮􀁴􀁩􀁾􀁬􀀠person who executed the WIthin and fOf,tgoing document. and acknowledged 􀁴􀁾􀀱􀁉􀁉􀀠that be executed the 8II1IlC in his authorized capacity. and that by his sipJatunl on the matrument, the person, or entity upon behalf of which he acted, executed the instJ:w:Dmf, for the uses and purposes therein oat forth. SANDRA ROYNON NOTARY PUBLIC STATE OF COLORADO Print Name: [SEAL] WARRANTY DEED -Page 2 u...... ........ 2nOI I 2 I 0 9 \ 8 0 ALLEGIANCE TITLE CO. 􀁾􀀰􀀰􀀴􀀠05-29-01 12:42PM FROM CAMPBELL COMPANIES P04 £Xffl8'IT A-I pareel 1"1-1 Field Note Description Arapaho Road project Town of Addison Dallas County, Texas BEING a deseription of a 0.1411 acre (6,147 square foot) traet of land situated in the David Myers SurVey, Abstract Number 923, Town Of Addison, Dallas county, Texas. and being a portion of a' called 7,728 aere tract of land conveyed to Lincoln 􀁔􀁲􀁵􀁳􀁾􀀠Company custodian F50: Dr. Howard Miller on February 2, 1996 and recorded in VolClme 96035, paqe 0384 ot: the Deed Records of Dallas County, Texas, also being out of Lot 3R. Block: 1 of "Lots 21't, 3R .. 41'1., Block 1 of Belt Line-Marsh Business Park", an addition to the Town of Addison, as evidenced by the plat dated May 3, 1995 and recorded in Volume 95100, Page 03275 of 881d Deed Records, said 0.1411 􀁡􀁾􀁲􀁥􀀠txact of land being more 􀁰􀁡􀁲􀁴􀁩􀁣􀁾􀁬􀁡􀁲􀀱􀁹􀀠described by metes and 􀁢􀁯􀁾􀁮􀁤􀁳􀀠as followa; BEG:J:mI':tRG at a 5/8 inch iron rod set tn the common East line of said called 7.728 acre tract and West line of a called 5.65 acre tract of land conveyed to Dallas Power & Light Company on .;ranua.y :2, 1957,' and ,reoorded in Volume 4632, Page 39B of said Deed· Record:!, said point being the common' Northeast corner of said Lot 3R and Southeast corner of a called 0.7313 acre right of way dedication for Arapaho 􀁾􀁯􀁡􀁤􀀠as shown of said plat of "Lots 2R, 3R & 4R, Block 1 of aelt Line-Marsh Business Park": THENCE, SOUTH 00'06' 111" EAST (called South 00'04' :38" West), along 􀁾􀁨􀁥􀀠common East line.s of said called 7.728 acre tract and said Lot 3R .lOd Wut line of said called 5.65 acre tract, a distance of 47.77 feet to a 5/8 inch iron rod set 1n a curve of the proposed 􀁓􀁯􀁵􀁾􀁨􀀠right of way line of Arapaho Road; 1THENCE, NORTHWESTERLY, departing said common line and along the proposed",South .right of way line of Arapaho Road and alonq tha arc of IJ non-tangent curve to the right having a radius of 990.00 feet, lit central anqle of 3"57'30". a chord bearing 􀁎􀁯􀁲􀁲􀁾􀁨􀀸􀀰􀂷􀀲􀀵􀀧􀀴􀀵􀀠West for 61.48 feet, for an arc distance of 61.• 49 feet to a 5/8 inch iron rod set for the point of tanqency of said curve; THENCE, NORTH 78°27'00" WEST, continuing along the proposed South right of way of Arapaho Road, a distance of 216.94 feet to a 5/8 inch iron xod set in a curve of the common North line of said Lot 3R and existing South right of way line of said Arapaho Road (84 feet wide); PaqQ 1. o£ 2 2UDI12109181 􀁉􀁾􀀠 􀁾􀀧􀀢􀀭􀁯􀀵􀁉􀁩􀀹􀀯􀁩􀁩􀁩􀀭􀁩􀀷􀀻􀁯􀁾􀀷􀁆􀁁􀁩􀀠2149545500 ALLEGIANCE TITLE CO. .,-... " 􀁾􀀰􀀰􀀵􀀠05-29-01 12:42PM FROM CAMPBELL COMPANIES POS .. PARCEL 17-1 -ARAPAHO ROAD PROJECT THENCE, EAST£RLY, departing said line and along the common North line of said 􀁾􀁯􀁴􀀠3R and eX1sting South right of way line of said Arapaho Road and along the arc of a non-tangent curve to the left, having a radius of 1042.00 feet, a central angle of 6°20'50", a chord bearing South 86"55'53 East for 115.37 feet, for an arc dist.ance of 115.43 feet to a 5/S inch iron rod set for the point of tangency of said curve; THENCE, NORTH 89"S3'42" EAST (called No:z:th 89°55'22" West), continuing along said oommon 11ne, a distanoe of 157.87 feet to the IPO:tN'.e OJ' uGI:nmmG; CONTAINING an area of 0.1411 acres or 6,147 square feet of land .. within the metes recited. An additional 24 foot parallel to and South of the proposed South IHght of Way line of A)::apaho Road will 1:>e required as a temporary construction easement and 101111 expire upon complet.ion of the oonstruction project. All bearings are referencEid to the North tlight of Way line of Centurion Way, call.ad S 89°51' 55" E, ·according to the final plat of Lot 3, Surveyor Addition, recorded in Vol. 77173, Page 135, Deed Records of Dal.las County, Texae. A plat of even survey date herewith accompan.ie" this descripcion. I, Ayub R. Sandhu, a tleqist8red Professional Land Surveyor, heregy certify that the legal description hereon and the accompanying plat represent an actual survey made on the ground under my supervision. 􀀩􀁾􀁰􀁡􀀻􀀨􀁉􀁩􀁩􀀢􀁏􀁒􀀾􀀠./1-111.-""A b R. S'andhu, R.P.L.S. Texas Registration No. 2910 Paqe 2 of 2 ZOOI I 2 I 09 I 82 􀁾􀁟􀀢􀀠􀁣􀀬􀁾􀀮􀁾􀂷􀀠• _ _ •• _ 05/29/01 17:07 FAX 2149545500 ALLEGIANCE TITLE co. 􀁾􀀰􀀰􀀶􀀠." 05-29-01 12:42PM FROM CAMPBELL COMPANIES P06 EXHIBIt -4-"z Parcel 17-2 Field Note Description Arapaho Road Project Town of Addison Dallas County, Texas BEING a description of a 0.0050 acre (220 square foot) tract of land situated in the David Myers Survey, Abstract Number 923, Town of Addison, Dallas County, Texas, and being a 􀁰􀁯􀁲􀁾􀁩􀁯􀁮􀀠of a called 7.728 acre tract of land conveyed to Lincoln Trust Company Custodian FSa: Dr. 􀁈􀁯􀁷􀁡􀁾􀁤􀀠Miller on February 2, 1996 and recorded in Volume 96035, Page 0384 of the Deed Records of Dallas County, Texas, also be.ing out of Lot 3a, !alock 1 of "Lots 2R, :sa &. 41'1., Block 1 of Belt Line-Marsh BusineSIii Park", an addition to the Town of Addison, as evidenced' by the plat dated .. May 3, ISi5 and reco.-ded in Vol\lme 95100, Pag-a 03275 of said Deed Records, said 0.0050 acre tract of land being more particularly described by metes and 􀁾􀁯􀁵􀁮􀁤􀁳􀀠as follows: BEGJlQiI:nIti at a "5/8 inC'h iron rod SGt in the common West line of said called 7.729 aere tract and East right of way line of CommerCial Drive as ded1.cated by Beltline-Marah .Business f?ark, an addition to the Town of Addison, as evidenced by tho plat dated April 17, 1976 and recordeQ in Volume 78155, Page 0001 of said Deed Records, said point being' the common Northwest corner of sald Lot 31'1. and moet Southerly Southwest corner of a called 0.7313 acre right of way dedication for Arapaho Road as shown on .said plat of "Lots 21'1., 3R & Ut, 1310ck 1 of Belt Line-Marsh BUsiness Par);"; THENCE, EASTERLY, alon9 the common North line of said Lot 3R and existing South right of way line of said Arapaho Road (84 feet wide) and along the 􀁾􀁲􀁣􀀠of a non-tangent. curve to the left having a radius of 1042.00 feet, a central 􀁡􀁮􀁧􀁾􀁥􀀠of 10 11'14", a chord bearing South Bl°11' 24" ElISt for 21.59 .teet, for an arc distance of 21.59 feet to a, 5/8 inch iron rod. set in 1:he 􀁰􀁲􀁯􀁰􀁯􀁳􀁥􀁤􀁾􀁯􀁵􀁴􀁨􀀠right of way line of Arapaho RoaQ: THtNCE, SOUTS 50 0 47' 􀀴􀀰􀀧􀁾􀀠WEST. departing said eommon line and along the proposed South right ol! way line of 1\rapaho Road, a, distance of 27.48 feet to a 5/8 ioeh iron rod set in the common West linea of aaid called 7.728 acre tract and said Lot 3R 􀁾􀁮􀁤􀀠East right of way line of said Commercial Drive (60 􀁾􀁥􀁥􀁴􀀠wide); Page 1 of 2 If200I I 2 I a9 I 8 3 ------05i29/oi-i1:0a-FAX 2149545500 ALLEGIANCE TITLE CO. 􀁾􀀰􀀰􀀱􀀠• 4 • 􀁾􀀠05-29-01 12:42PM FROM CAMPBELL COMPANIES P07 PARCEL 17-2 -􀁁􀁆􀁁􀁾􀁁􀁈􀁏􀀠ROAD PROJECT THENCE, NORTH 00'06'18 WEST (Ca11ect North 00'04'38Y Eastl, departing liI.dd line and along the conunon West lines of j;laid c-alled 7.726 acre tract and said Lot 3R and East right of way line of said Commercial 􀁄􀁾􀀡􀁶􀁥􀀬􀀠a distance of 20.68 feet to the POUlT 011' QQ:mNDJGI CONTAINING an area of O. OOSO acres or 220 square feet of land within the metes recited. All bearings are referenced to the North 􀁒􀀡􀁾􀁨􀁴􀀠of Way line of Centurion 􀁗􀁡􀁾􀀱􀀠called S 99"Sl'ssn E, according to the final plat of tot 3, Surveyor Addit.ion, recorded in Vol. "1'3, Page 135. Deed Records of Dallas County, Texas. A plat of even survey date herewit.h accompanies this des cript1Qn. I, AyUb R, Sandhu, a-RS9istered 􀁐􀁲􀁯􀁦􀁥􀁳􀁳􀁩􀁯􀁮􀁡􀁾􀀠Land Surveyor. hereby certify that the legal description hereon and the accompanying plat represent an actual--survey made on on the-ground. Under my supervision. t:Q 􀁾􀀠ji, ., 1/-/,,1'-" Ay b R. Sandhu, R.P,L,S. Texas RQgistration No. 2910 200I I 2 I 0 9 1 8 4 --------.. ... ," 􀁾􀀠􀁾􀀠... " 􀁾􀀠lSI! 8 􀁾􀀠 !:l .!:i 􀀮􀁾􀀠􀁾􀀠 􀀮􀁾:= I i .... ':::2 '::1 :.;:l" """ ,..... ,il!l 􀁾􀀠i'"" .." 􀁾􀀠:::, = 􀀬􀁾􀀠􀁾􀀧􀁾􀁴􀀠:k:,-= .. 􀂰􀁬􀁾􀀠􀁾􀀠EXHIBlT "e" IIM'iVO MilYER8 fURVlEY Aa923 ....... ARAPAHO IIOAD CMU:II 0.7313 MY a. 1l1li5 WL MIllO. PO. 11327,$MAC,T • .,-PMCEL 17-2 􀁾􀁾__ CIIlUII1IU . lEIII'. OONSll!UCTIOtI ESIn ...... lIlT JlI .Lon 211, JR k'4I\ • BLOCK ·1 or· BEtTUNE-_H BlSIllltSS PARI< CAlLED 7.12& II!:. 􀁾lII\I$T IXlIIPAIIY CIIS'lt1DfIoN fIICI:. !MY 3. 1lI9!I lIOl. 95100. PG. M:I15 l1li. __ _ ..· · +1 D.RJ),C.T. RII..7. _ PARCEL 17-1 a: 17-2'fIlL NO:lII. PO. 0IIII+I lIJ!.o.c,:t '" PLAT or A 0.1411 Aa!£ (6,147 SQ. Ft.) AN) A KOltS: 0.G050 ACRE (220 so. Ft.)TRII.CTS OF UNDAU. EASEUENlS· SHQIN /IRE TN<=>c--I J: " 3:)., . I 01.,;.1 }'1. lJD " TEMPORARY CONSTRUCTION EASEMENT 06(21/01 2110931 $19.00Deed STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF DALLAS § 'IlIAT LINCOLN TRUST COMPANY. actit.1g for the benefit of Dr. Howard Millor, 􀁾called QRANTOR of tho Collllty aIDallas. State of Texas, for and In consideration aIth" sum of ONE DOLLAR (S1.CO) mel other good and valuable considetlltion. the receipt and sufficiency of which Is hereby a.cknowledged, does by thoBe presents grant, sell and convey to the Town ofAddison. he!'l!lna.fter called GRANTEll of the COlUlty ofDalla.s and State 􀁯􀁦􀁔􀁾􀀬􀀠a tempomy easement and riibt to pass over, along, meier and across a portion (the "Easement At1:a") of GRANTOR'S property. which eaecment and ripofPas8II!F is shown and .depioted on J5ylrihjt B. attached to lII1d incorporated herein, for the pllZpose ofconstructing a roadway to be laIoWll as: Arapaho Road.. The EIIlIGllCIIt Area is described lIS fo1lows: See attao:hed Exhibit A. (Field Note Description for Parcel 17-m. which is made a pan oftbi:I easement lIS ifti:Illy copied herein. This tempOral)' collS'Il'!JCtion ellSe:mcnt shall cnly be used by GRANTEE and its coxrtractors in connectl.on with the conetI:W:lion of a public right-of-way adjacent to the Easement Area. QRANTEE shall restore the Basement Area to the condition that existed b.fore the CO!1Qt:l'\H:tlon ofthe roadway. 'Ihls temporary easement shall tenninatc 24 months from the date of the Notice to Proceed with constnJ.ttion under the construction cD1l.tra.ct fur the roadway adjacent to the Easement A%ea, or upon completion ot: the COIlBtruction ofthe portion ofthe roadWAY adjacent 10 the Easement Area. whichever is earlier. TO KA VE AND TO BoLD unto the Town of Addison, Texas as aforesaid, for the purposes and on the conditions set forth hereinabove, the easement I!I1d Easement Area desc:ribed above. Grantor binds Grantor and Grantor's heirs. ""ceutota, administrators, and successcm to warrant and defend alllll1d singular the Basement Area to Grantee fur the duration end purposes set out herein against 1IVrsr;! penon whomsoever lawtbUy claiming or 􀁾claim the :wno or any part thereof. ... EXECrinn this 􀀱􀀫􀁾􀀠day of dune.. .2001. GRANTOR LINcoLN TRUsT COMP I!OllJlIl!o 6. 101, I.l..f/t . By:􀁾􀀭􀁎􀁾􀁡􀁮􀁴􀀭􀀭􀁥􀀺􀀭􀀭􀀭􀀭􀀭􀀭􀁾􀁾􀁾􀁾􀁾􀁾􀁾􀀭􀁾􀀭􀀭􀀭􀀭􀀭􀀭Print Titlo: 1 2001 I 2 I 0 9 I 8 7 -􀀰􀀶􀀯􀀰􀁾􀀯􀁏􀁉􀀠􀁬􀁏􀀺􀀳􀁾􀁟􀁆􀁁􀁘􀀠􀀲􀀱􀁾􀁏􀁏􀀠ALLEGIANCE TITLE CO_ (ilJOll/016-----. ".... ',' 05-29-01 12:42PM FROll CAMPBELL COMPANIES P09 􀁾􀁢􀁜􀁐􀀮􀁾􀀠􀁓􀁔􀁁􀁔􀁅􀁏􀁆􀁾􀀠li COUNTYOF'l.tlLMJ II 􀀢􀀢􀀧􀀮􀀭􀁣􀀮􀀭􀁴􀀶􀀮􀀮􀁾􀀼􀁥􀀮􀀮􀀮􀀮􀀮􀀠-l\-.B.EFORE ME. the UIlI'Ierslgned nola:ry public in and for .said county and state, on this '") 􀁾􀁹of-:J..;,,;...,e .2001, penonall:)' appeared )Qc.rr=>\ 􀁾s>c,.." • known to me to be the identical penon who executed the witbln and foregt)lng document, and acknowledged to me that he executed the aame in his authorized capscity, and thst by his signature on the instrument. the penon, or cmti.ty upon behalf of whioh he acted, executed the _instIllment, for the uses and pmp0908 therein Sl!t fhnh. GIVEN UNDER my hand and seal ofoffice the day and )'IIIII' last above written. MY COMMISSIONEXP.IRBS: SANDRA ROYNON NOTARY PUBLIC [SEAL] STATE OF COLORADO cI,. 20UI I 2 I 09 I 88 -ALLEGIANCE TITLE CO. 􀁾􀀰􀀱􀀲􀁬􀀰􀀱􀀶􀀠" 05-29-01 12:42PM FROM CAMPBELL COMPANIES PIO EXHIBIT A Parcel 17-TE Field Note Description Temporary Construee1on Easement Arapaho Road Project Town of Addison Dallas County, Texas S.e:ING a description of a 0.0970 acre (4,224 square foot) tract of land situated in the David Myers survey, Abstract Number 923, Town o£ Addison, Dallas County, Texas, and being III portion of a called 7.729 acre tract of land conveyed to Lincoln Trust Company Custodian rao: Dr. Howard Miller on rebruary 2, 1996 and record.ed :!.n Voll.llTle 96035, Page 0384 of the Deed Records of Dallas County, Texas, also being' out of Lot 3!!., Block 1 of "Lots 21<, 311. & 4R, BlOCk 1 of Belt Line-Marsh Business Park", an -addition to the Town of Addison, as evidenced by the plat dated May 3, 1995 alld recoJ:ded in Volume 95100, Page 03215 of said Deed Records, said 0.0970 acte tract of land being more particularly described by metee and bounds as follows; COMMENCING at a SIB inch iron rod set in the common !ast line of said called 7.728 acre tract and West line of a called 5.65 acre tract of land oonveyed to Dallas Power" Light Company on January 2, 1957. and recorded in Volume 4632, l?a'Je 398 of said Deca Recorde. said point being the common Northeaat corner of said Lot 3R and SOl.ltheast corner of a called 0.7313 acre right of way dedication for Arapaho Road as shown of said plat of "Lots 2H, 3R , 4R, Block 1 of aelt Line-Marsh Business Park."; THENCE, SOOTH 00·06'19" EAST (called South 00·04'38" West), along the common E\ast lines of said called 7.728 acre tract and said Lot 3R and West line of said called 5.65 acre tract, a distance of 47.77 feet to II 5/9 inch iron roa set in a 􀁣􀁵􀁲􀁶􀁾􀀠of the proposed South right of way line of AraPI'ho Road for the Northeast co:r:ner and PODI'.!I or :m=nunlllG of th, herein 􀁤􀁥􀁡􀁣􀁲􀁩􀁢􀁾􀁤􀀠tract; 􀁾􀀠"1 THENCE, SOUTH 00·06'18" ElAST (called South 00·04'38" West" eontinuinq along said CQlM10n line, a distance of 24.21 feet to the Southeast corner of the herein described tract, THENCE, NORTH 74·37' 10" WEST. departing said common line. a distance of 173.18 feet to an angle point; THENCE, NORTH 78°2"1' 00" WEST, a distance of 109.31 feet. to an angle pointl Paqe 1 of 3 2001 I 2 I 0 9 I 8 9 --. . __ ,_ 􀀰􀀶􀀯􀀰􀁾􀀯􀀰􀀱􀀠10:a1 FA! 2149545500 ALLEGIANCE TITLE CO, fil)ola/o16 . . 􀁏􀁾􀀭􀀲􀀹􀀭􀀰􀀱􀀠12:42PM FROM CAMPBELL COMPANIES Pll PARCEL 17-tE -ARAPAHO ROAD PROJECT THENCE, NORTH 62 "31' 08" WEST, a distance of 45.04 feet to a pOint in ;a proposed cl.1tbaOk 􀁯􀁯􀁲􀁮􀁥􀁾􀀠located at: '!:he Southeast intersection of said Arapaho Road with 􀁃􀁯􀁭􀁭􀁥􀁾􀁥􀀱􀁡􀁬􀀠Drive (60 feet wide) as dedicat.d hy Beltline-Marsh Susiness Park, an addition to the Town of Addison, as evidenced by the plat dated April li, 1978 and recorded in Volume 76155, Page 0001 of said Deed R..cords; THENCE, 􀁎􀁏􀁾􀁔􀁈􀀠50"47'40N EAST, along said proposed cutback corner, a distance of 13.52 feet to a point in in a CUrve of the common North line of 􀁾􀁡􀁩􀁤􀀠Lot 3R and existini South right of way line of said Arapaho Road (94 feet wide); -THENCE, EASTERLr, departinq said line and along the commOn North line of asid Lot 3R and existing South riqht of way line of said Arapaho Road 'and along the arc of a non-tangent curve to the left, having a radius of 1042.00 feet, a central angle of lbSB'27", a chord bearing South 82°46'15 East for 35.90 feet, for an are distance of 35.90 feet to a 5/8 inch-iron rod set in the proposed South Right of Way line of Arapaho RoadI THENCE; SOUTH 78°27'00" EAST, along said proposed South right of way of Arapaho Road, a distance of 216.94 fElstc to a 5/8 :inch iron rod set for the beginning of a eurve to the left; THENCE, SOUTHEASTERLY. continuing along said proposed South right of way line of Arapaho Road and along the arc of said our""" to the left having a radius of e90.00-feet, a central angle of 3'57'30", a chord bearing South 90·25'4.5 East for 61.48 feet, for an arc distanoe of 􀀶􀁬􀀮􀀴􀁾􀀠feet to the 􀁴􀁯􀁾􀀠or :BaQD1HZHGI, CONTAINING an 􀁡􀁾􀁥􀁡􀀠gf 0.0970 acres or 4,224 􀁳􀁾􀁡􀁲􀁷􀀠feet of land within 􀁴􀁾􀀠metes reCited. "1 E'aq" ::: of 3 2001 I 2 I 09 I 90 • u 􀁯􀀶􀀯􀀰􀁾􀁩􀀰􀀱􀀠10::n FAX 2149545500 ALLEGIANCE TITLE CO. 􀁾􀀰􀀱􀀴􀀯􀀰􀀱􀀶􀀠05-29-01 12:42PM 􀁆􀁒􀁏􀁾􀀠CAMPBELL COMPANIES P12 • PARCEL 17-TE -ARAPAHO ROAD PROJECT All bearings are referenced to the North Right of Way line of Centurion Way, called S B9'51'55" E, acoording to the final plat of Lot 3, Surveyor Addition, recorded in Vol. 77173, Page 135, Deed Records of Dallas County, Texas. A plat of description. even survey date 􀁨􀁥􀁲􀁥􀁷􀁈􀁾􀀡􀀧􀁴􀀠aeeompan1es th.is I, Ayub R. Sandhu, a Registered hereby certify that 􀁾􀁨􀁥􀀠legal 􀁾􀁲􀁯􀁦􀁥􀁳􀁥􀁩􀁯􀁮 􀁡􀁬􀀠Land description hereon Surveyor, and the accompanying plat represent an actual survey made on the ground under my supervision. -..a L. g& ftc •􀀮􀁉􀀯􀀮􀀮􀀬􀁉􀁉􀁬􀀭􀁾􀁲AbR. Sandhu, R.lI.L.S. Texas Registration No. 2910 Page :3 of :3 2001 I 2 I 0 9.1 9 I --------o .. 􀁾􀀠" 􀁾􀀠-" 􀁴􀀡􀁩􀁬􀁾􀀠I I '1􀁾􀁉;:: I . '!itll . 􀁾􀁉􀀠􀁾I :;; lai1ft ;"I a 􀁾􀀠.. I '" ::: '" 􀁾􀀠"" 􀁾􀀠I = 􀁾􀀠􀁾::: I􀁾􀀠 " 􀁾􀀠􀁾􀀠" ... Ie;" I " .... = " . .. " I"'" 􀁾􀀠= " I ; +, 􀁾􀀠EXHIBIT "6" DAm ilJYEU aURVEY A·t23 ....'" MAPNIO ROAD CA\L£O 11.7113'IlAY 3, ,_ WI.. .'0Il, PO. _ INUl.C,T. "...PARCEl 17-2 􀁾􀁾􀁟􀀠􀁾􀁕􀁉􀁃􀀧􀁕􀀮􀀬􀁴􀀠T£UP. CONSlIIUC'Il(I; r ..... .../l.O'l-JII LOts 2ft, JR II 􀁾• !II.DClt 1 OF -BELT UNIHIMSH CAIl£II 7._ At;.8IJSINESS· P_ IJNCQ.H lRUSt a:II'Nn' IlAY :s. ,"5 cus_ flO; WI.. 95100. PO. 03211) llIt. __"l1/.£li 1 0 -N--'§,.,... DJl.o.C.T. 1EB. 2. 1M PARCEL 17-1 ... 17-2WI.._PC._J< _T. A Pl.AT (If' A 0.1411 AaIE (6,147 so. rT.) ANIlA􀁾.,....NOlES, 0,0D!i0 AaI£ (220 so. FT.) TRACts Of LANIl 􀁾􀀠iU E_JlENlS _ ARE T.AI<£N FRIll! lI£ PUll'S IIIlI:AT£O IN 11£ OAlIID WRS SIJR\IEYHERElW. llt£ SWM"roR Ill! Not oIIIS'lRACT !!iE Sue.ECT AIlSTRACT NO. W_RIY SO AIL EASENENlS 1014'1' NOT BE _. TOWN OF ADDISON' iU il:NIlNGS ME REfERENCED TO lllE NORlH _ OF WAT OAW\S COUNlY. lEXASJ.INE OF c:t'N_ WAT, CAUtO S 89'15,'61\· E. ACOO_G TO • D£NOT£5 A _ PIJNT AS INIlCA1EO '!WE fINAl. PUlT OF LOI .. SU.3. ? I J 􀁾􀀬􀁾􀀮􀁊􀀠􀁃􀁬􀀻􀀮􀀮􀀮􀀮􀁊􀁜􀁾􀀠.. .....:.... 1 , . FAX: PAGE 2NOV-OI-200l THU 07:52 AM FROM: OCT-29-2001 15'19 FAGEL & HABER 312 590 22B1 P,' OlR041961WR.41R'l'T SPECIAL CASH WARRANTY DEED G4/e&/OI em44J STATE OF TEXAS § IIIII1l § KNOW ALL MEN ElY THESE PRBSENTS; COUNTY OF DALLAS § That LlacolA Trust Corppany. fbo Dr. Boward: MUlti' (hereinafter called "Gra:ctor," whether one or mol'll, ma.sculUle. feminine or neuter) for and in cOIIIIideration oithc Slml ofTEN and no/lOO DOu.AR.S iIUd otber sOOt! and valuable conaidmtioll, the rteeipt im4 adequacy ofwhich lII'e hOl'llby 􀁾􀁬􀁥􀁤􀁰􀁣􀁬􀀬paid by Oate/lmud Corporation ... whose addreas If: 3750 Realty Road Addison, Tel(as 75001 (hereinafter c:aJled ..􀁇􀁴􀁾􀀮􀀢whether one ormore, mucuJinI, fe.mll:Iine or neuter), fot which no lien is retained czi.lber elq)teSII or Implied, has Granted, Sold and Conveyed., and by these pn:senfll does hereby Gniitt, Sell and Convey, unto the-said Grantee all that certainreal property located . Dallas Ccunty. Tel(u and desoribed &II lonows: Bcla. an oi'Lot 48, ill Block 1, ofBELTofBELT·LINJi-MABS.B BUSINESS PARK, III Additioa to 'the TowlI otAdiUsolI, D.uu COllnty. Tau. .eeordin,to the Map thereof roeordlld la VollUllc 9!lOO,'l»a,e 327S, of the Map Recorda of Dallas COUty, Tcx.as md beiDI more pdCalarly described 011 Elkiblt A attacb.ed hereto ..II mad. a part lIerearfor all PUrpOies. . , 􀁾􀀠logether wW:-P hnproveme.nll the:eon. itany, and all rigbtl, privileges. tCllemcmts. ·hereditamcmtlli risll.ta olway. eucmentJ, apperu:liges aDd appu:tenan;es, in anywa.yappmaining thereto, ad aU Eight, title md intmlf ofQ.nmtor in .nd to any 􀁾ways, III1eys. Itrips or gol'CI ofland aQjob:Ung tho abovc-de!lcrlbed propllity or a:oypart thereof(hereinafter, tho ''Proporty''). Thia deed is tJXec1lted and delivered 􀁩􀀱􀁕􀁢􀁪􀁬􀀱􀁃􀁾􀀠to PlOpeny tu:ea fOr tho OUITwt yeat and Bu'beeq'ucmt year., the pa}'l)1cmt otwhich cmntec asSUllle!, aud those 􀁰􀁥􀁲􀁭􀁩􀁴􀁴􀁾􀀠OJ(ceptioos listed .em Exhibit B attaQhedhoreto and made B. part bereoffbr all putpoles (the "PemUtted l3x4:eptiOl:lS"). . . . . Pa;elof3 elof3 .. 2/07 I1MO 􀁊􀁾􀀠..." 􀁾--.-:\ "'-, r'.:i.... .,', 􀁾􀀠 NOV-Ol-20D1 THU 01:52 AM fROM: rAX' PAGE 3 OCT-29-2001 15'18 􀁆􀁁􀁇􀁅􀁾􀀠􀁾􀀠HABER 312 S60 2201 P.03/07 I TO HAVB AND TO HOLD tile above 􀁤􀁥􀁳􀁣􀁲􀁬􀁢􀁾Pmpcnty, !QSetb.or wi1h aU and amp!!!" the rigb'" ano uppurtet\allCllB thcroto in anywise be=tg tnlto the said Grantee. hil, her or itll ,Neceslon, heirs IUld MIIi&ns, as the case II1!Y be, for Ill; am1. Chanlor does hereby bind Grantor and Ciranto:r's succesSOI'S, heirs, executors an.d adminil aton, II the case tnAy be, to Wmant and Forever Deitnd aU end slnplar the said Property 􀁵􀁮􀁴􀁾the 􀁾􀁡􀁩􀁤􀀠Grantee aad. Onnteo's 81locesSOtJ, beirs III1d anip, lI$lhe case may be, agaillal every persoll wbomllOC'Vor lawfUlly clai:tt1ln, or to claim the same or any part 􀁴􀁨􀁥􀁲􀁥􀁯􀁾􀀠excfllIt at to the 􀁬􀀧􀁃􀁉􀁾􀁡􀁴􀁩􀁏􀁬􀀺􀁬􀁬􀁬􀀠from. and eltceptfollS to CO'llveyal1cc md wmanty, by. through. or under Onnt9r bur DOt Otlunwile. I Exlwted as ofthe 􀁾day ofApril, 2001. i Lb:Jcolll 'frIlst Company/fbo Dr. Howard Miller I 􀀬􀀺􀀺􀀺􀀽􀁾􀁾􀁾􀀠:JIIoo'.=-----'. , . , " . . . . :" .􀁾􀀠", '; ,i, >/;"ii#oieil '0$ i, 7 • \' , • • , ' • ! .. -􀁾􀀺􀀧􀀬􀀠' : j " " ," '. 􀁾􀁏􀁖􀀭􀁏􀁬􀀭􀀲􀀰􀀰􀀱􀀠THU 07:53 AM FROM: OCT-2!7-2001 􀁬􀁾􀀧􀀠is FAlla &HFIllER . \ APTER RECORDING RE"1"IJ:RN TO: 􀁏􀁾􀁾􀁃􀁏􀁾􀁾􀁾􀀠. c/o Fagel Haber LLC 5S East Monroe Street, 4011> 􀁆􀀱􀁯􀁾􀀠Chic:ago, Dlinoie 60603 AtIn: nyse D. M1ll:1:Il1ll . <4 1 ., , . ".. " " " ..: i : . , , " ... " " " 􀁾􀀠􀁾􀀬􀀮􀀻􀀠I . " \ " , , ! ' ; 􀁲􀀬􀁡􀁰􀀮􀁾􀀠<:sf3.' . , ,. " , " FAX: PAGE 4 312 5S0 2201 P.04/07 PRBPARED IN THE LAW OFFlCE OF; Hunter"Kramer, P,C. 321 N. Central !xpl8!lsway, Suite 365 MoKiDney. Texaa 7'070 ... i I I i. ,, ... .. - FAX: PAGE 5Nov-nl-2001 THU 07:53 AM FROM: 312 58e 2201 􀁐􀀮􀀰􀁾􀁲􀁥􀀷OCT-29-2001 15'18 FAUEL & HABER 􀁯􀁲􀀮􀁎􀁾􀁥􀁲􀀠01a04196 SEING 190 031 square feet Dr 4.3625 sere etao of land .1tuated in.the n. 􀁾􀀮􀁲􀀸􀀠Su."".y, .tJ.stll:lICt No. 92.3, D",n... Co\ltlty. 't6XB.F and beinS all of tet 411. in nock 1 of Lou 2R, 3l &.48., ahcll: 1 of! lIelt ..In,,,.Kr:sb lIus1neU Park. all addition to tbe town of Addison, Dellal CO\ltIty. 􀁲􀀮􀁸􀁾􀀠aeeprding to the r.v1sed plat thereot 􀀥􀁥􀁥􀁯􀁲􀁤􀁡􀁾􀀠in Volume 95l00. page 3275, n.e4 &eep'rda of na11e9 County, T.xaa, said tract 􀁾􀁯􀁮􀁶􀀮􀁹􀁥􀁤􀀠Cg Lincoln 􀁲􀁲􀁵􀁾􀁴􀀠Company 􀁡􀁾􀀮􀁣􀁯􀁾􀀱􀁡􀁮􀀠FBO: Dr. 􀁈􀁾􀀴M111er by Quit 􀁃􀁬􀁥􀁴􀁾􀀠Deed 􀁲􀀮􀁾􀁯􀁲􀁤􀁥􀁤􀀠in Volume 96035, rA'f 384, Deed a.cords at Dallas' county. 􀁔􀁥􀁾􀁡􀀮􀀬􀀠an4 baing more pare1eulatly da oribe4 •• follow.: B!GINNXNG at a 􀁾􀁯􀁜􀁬􀁴􀁬􀁤􀀠1/2 inch 111:0n rod for Q !ornet 1n the south lina Df the $outhezft 􀁾􀁡􀁣􀁬􀁴􀀱􀁡􀀠Railroad (a 100 foot Z1ght 0 way), .aid point heins the 􀁮􀁯􀁾􀁴􀁨􀀮􀁡􀀮􀁴􀀠corner of tat 1, Block 1 of a tapla of a laplat Df lIelt L1ne-Mar.b Bu.1uGs. Park. an·add1t1cn to ebe 􀁃􀁩􀁾􀀠of 􀁁􀁤􀀴􀁴􀁩􀁾􀁮􀀬􀀠texas, a040rdins co 􀁾􀁢􀁥􀀠mapthareof :&00r4$4 1n Voluaa 83042, Faga 425, 􀁄􀁾􀀮􀁤􀀠Records of Dalla. County, 􀁔􀁥􀁾􀀦􀀮􀀠and .a1d poine being the 􀁮􀁯􀀺􀁾􀁨􀁷􀁥􀁳􀁴􀀠oornrr of said Lot 41; . nutNCi, eh' fol1mng courses and distances w1+h ene eoueh lin, ot 1ibe 􀁾􀁡􀀱􀀴􀀠6out'bexu <'&1I1f1e bUr,," and tM north Une it: alI.i.d Lo'l: 4i.: South 79 degree. 26 mtnutel 58 seeonds· Ease, idllC8noa of 77.46 􀁦􀁾􀀸􀁴􀀠to found 1/2 inch 􀁩􀁲􀁾􀀠rod for an 􀁾􀁮􀁬􀁬􀁥􀀠polnt; South 81 degree. 18 mtnutea 59 sec0n4. East, i dl.tance Qf 100,00 felt tD 􀁦􀁯􀁾􀀮􀀠1/2 incb.iron rod for an angle point,.. I South 83 dsgrea. 04 minute. S8 seQonds Ea.c, i􀁤􀁩􀀮􀁴􀁡􀁮􀁾􀁥􀀠of 100.00 teet to found 1/2 tacb irDn rod for an angle point; South 85 degree. 17 minutes S8 soeonds Ra.t, distanot of 100.00 f.et to 􀁦􀁯􀁾􀁤􀀠1/2 incll 1;:0'11 to", an qle point; -,. 80uch 87'. 411lf.OIli 21. minute. 58 .a..cnda ZasII,lla tndb iron rod to", 􀀧􀁡􀁮􀀻􀁾􀁬􀁥􀀠potnt; 􀁾􀀮􀀠.. Sou= 89 delt'ee. 12 IlI1miCjS sa s.coNls .!lUI;. 􀁤􀀱􀀸􀁴􀁾􀀱􀀠Dt 18.59 faet to 􀁦􀁾􀀴􀀠1/2. !.noh :1.1;'0110 1'04 with • bran cap tor a corn • aa14patnt being the·ma.t 􀀱􀁬􀁉􀁮􀀧􀁾􀁢􀀡􀁯􀁬􀁹􀀠'IIorQtasc oO):ner of the. Mid Lee ·411. d ehe nortnwOlt oomlr of & trllct of len4 ccimre,.&cI \;0 texas PWIIl' " Lisbt 0, by de'4 􀁲􀁥􀁯􀁯􀁲􀁤􀁾􀁤􀀠I'll 􀁖􀁾􀁬􀁵􀁭􀁥􀀠80006. P&IO 489, DaedB.ecords cf Da11&8 Coun I .'ra'U.8: THBNe!, south 00 Degreo. 04 mInutes 38 aloonda tesc, With the wa.t line of the 6a14 TeXA. POWer·' tlgnc 􀁾􀁯􀀮􀀠cr3et, &. dl.eanet of·29P.99 feet tD feet to a fOutld 1/2 inch 1);;0'(1 wlch & 'brau oap for a co u at the lIouchwut' ca:mer at tha sa:l.d 'reus !Ololar .. USbt 00. tract, THENCE, .South 89 􀁤􀁡􀁳􀁲􀁥􀁾􀀮􀀠S5 1ll1nute. 22 ..COM. ElI.t, w1th ehe south 11tl* of tba .a14 Texa. Powar &􀁾􀁧􀁨􀁾􀀠Ca. cract, a 􀁾􀀱􀁉􀁴􀁡􀁮􀁣􀀮􀀠at 80.00 􀁾􀁥􀁾􀁃􀀧􀁴􀁡􀀠4 found 􀁬􀀯􀁾􀀠lnch iron rod wtth & bra•• cap 􀁦􀁾􀁲􀀠4 􀁾􀁯􀁲􀁮􀁥􀁲􀀬􀀠, 14 point beins rbe most lastarly llOrtb .... s'e eomar of the aaid Lot 4R· an4 in tbll vue U.1I11 of & Twa :Powtr .. Ught; Co. 􀁉􀁡􀁾􀁥􀁬􀁬􀁬􀁥􀁮􀁴􀀺􀀠crac.ti mNCE. S OQ 􀁤􀁥􀁾..... 04 􀁾􀁩􀁾􀀤􀁩􀁾􀁺􀁥􀁈􀁴􀀻􀀺􀁗􀁾􀁉􀁉􀁔􀀧􀀠. . '" 191 PAGE 6NOV-OHOOI THU 0753 AM FROM: FAX: OCT-29-211l01 15: 1'3 FRI.lEI.. 8. HABER 􀁩􀁾􀁵􀁡􀁤􀀩􀀠Or.Number Ola0419SExhibit A 􀀨􀁃􀀮􀁾􀀠Texas 􀀮􀁾􀀮􀁲􀀠&􀁴􀀱􀀱􀁨􀁾􀀠Co. i ••ement 􀁴􀁲􀁡􀁾􀁴􀀬􀀠a di1re of 55.00 fe.t to a found 1/21nob iron 􀁾􀁯􀁤􀀠for .• 􀁣􀁯􀁲􀁵􀁡􀁾􀀠in ihe north line f Arapaho Road (an 84 foot right of 􀁷􀁾􀀠as dad1caee4 by the map of said tot$ 2 • 3R 6 41, Block 1 of Selt 􀁾􀀱􀁮􀁥􀁾􀀠Ka.'l:Clh 1"",111.e...Park Addit:io1'li . TRiNeE. 􀁴􀁾􀀠fol1owtRS ecurais aad d1stance 􀁾􀁬􀁲􀀠the north line of Arapaho load; 􀁾􀁯􀁾􀁴􀁢􀀠89 d_sr-e. 􀁾􀀵􀀠minute. 22 second« 􀁗􀁥􀁾􀁴􀀬􀀠distance of 1'7.87 feet to a FOI.Ind 1/2 lneh iron 1'04 􀁾􀁮􀀠tbe flDrth 11M of oaley Road (a n fooe riChc 􀁯􀁾􀀠ny an4 add pain!: a.c 􀁴􀁾􀀠beginning of a. 􀁴􀁡􀁮􀁧􀁾􀁴􀀠CUl:V t to the right witb II. o'ntral Balle of 12 degre•• 07 minutes 23 􀀮􀁥􀁾􀁪􀁮􀁤􀂫􀀧􀀠a radius of 􀀹􀁾􀀸􀀮􀀰􀀰􀀠raec, a chord 􀁢􀁾􀁬􀁉􀀮􀁲􀁬􀁮􀁣􀀠of North 83 dasrees '1 minut.. 1 ••oonds We.t 􀁡􀁮􀁾􀀠a 􀁣􀁨􀁯􀁾􀀴􀀠distance of 202.32 feet; . Northwaate:1y 􀁡􀁬􀁯􀁾􀀠said curve, an Atc 􀁾􀁩􀁡􀁴􀁡􀁮􀁾􀁥􀀠'of 2Q2.70 􀁦􀁾􀀮􀁴􀀠to a found'l/Z inch iron t04 at the point of tang.ncy, ••i4 oint 􀁬􀁹􀁩􀁾􀀠in the north line of lu.ll!y Road (& 72 foot right of """Y); , TijENCI. No%th 77 ODgreol 47 minutes 59 lecon West, with the north 11'1'1& of llealty ll.aa4, A d11t/m.ce of 290.01. feet to s. f u.nd 1/2 1ncb ':ron I:od for a corne:r at the southwest Gomer of 8aid Lot 4a .".4 the loutb.Let aornor of th& .bDve 1.1d 􀁾􀁴􀀠L. Blook 1; T,RENCE, 􀁎􀁯􀁲􀁾􀁨􀀠12 􀁤􀀧􀁡􀁲􀁥􀁾􀁭􀀠12 minutes 01 ilea Ease, departing 􀁴􀁾􀀠north line of RII.lty lI.o&d at!.<"02·)793 o ALL A S T Y L E R TEL 214.072.2000 FAX 214,('12.2020 www.eowLESTHOMPSON.COM TEMPORARY CONSTRUCTION EASEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF DALLAS § THAT AMB PROPERTY H, L.P., a limited partnership, organized and existing under the laws of the State of Delaware :r.e-, hereinafter called GRANTOR efthe CeWity efDailas, Stale ef Tellas, for and in consideration of the sum of ONE DOLLAR ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does by these presents grant, sell and convey to the Town of Addison, Texas, a municipality authorized under the laws of the State of Texas, hereinafter called GRANTEE eftke CeWlty af Dallas amI State ef Teltas, a temporary non-exclusive easement and right to pass over, along, under and across Ii portionl! (the "Basement Area") of GRANTOR'S property (the "Easement"), '....hiel! easemellt QHd rigkt ef passage is leeateEl as shown and depicted on Arapaho Road Driveway Exhibit G, attached hereto and incorporated herein ("Easement Area 1 ") and Arapaho Road Driveway Exhibit H, attached hereto and incorporated herein (''Easement Area 2") (both Easement Area 1 and Easement Area 2 shall sometimes be collectivelv referred to herein as the "Easement Area"), for the purpose of constructing a public roadway to be known as Arapaho Road (the "Roadway">' This teR'lJlemry seHstreetieH Easement shall only be used by GRANTEE and its contractors in connection with tbe construction ofII !leWis right af way the Roadway adjacent to the Easement Area at Grantee's sole cost and expense. GRANTEE shall restore the Easement Area to the condition that existed before the construction ofthe roadway. This temp9f!1fy Easement shall terminate 24 months from the date the Notice to Proceed with construction under the construction contract for the Roadway adjacent to the Easement Area is issued by the applicable governmental authority, or upon eemplej;iea efthe eeBS!ntetiea efthe peRieH ef the reaavlliY aajaeent te the Easement Area; 'N!Hekevel' is e!IFlier the expiration of 30 months following the date date of execution of this Temoorruy Constructi••< " .. -:....-. Page 1 of 2 PARCEL 20 -ARAPAHO ROAD PROJECT THENCE, SOUTH 78"26'42" EAST, continuing along the proposed North Right of Way line of Arapaho Road, a distance of 294.16 feet to a RR Spike set in rock for the common East line of said called 5.4319 acre tract, West line of Lot 4R of said -Lots 2R, 3R, & 4R, BLOCK I of Belt Line-Marsh Business Park", and West line of that called 12.463 acre tract of land conveyed to Aetna Life Insurance Company by the deed dated December 21, 1982 and recorded in Volume 82250, Page 285 of said Deed Records; THENCE, SOUTH 12°01'05" WEST, (Called SOUTH 12°12'01" WEST), departing said proposed North Right of Way line of Arapaho Road, along said common line, passing at a distance of 1.12 feet the common Southwest corners of said Lot 4R and said called 12.463 acre tract and Northwest corner of said Right of Way dedication, continuing along the common East line of said called 5.4319 acre tract and West lines of said Right of Way dedication and said _Lots 2R, 3R, & 4R, BLOCK 1 of Belt Line-Marsh Business Park", for a total distance of 13.12 feet to the POINT OF BEGINNING; CONTAINING an area of 0.0978 acres or 4,262 square feet of land within the metes recited. All bearings are referenced to the North Right of Way line of Centurion Way, called S 89"51'55" E, according to the final plat of Lot 3, Surveyor Addition, recorded in Vol. 77173, Page 135, Deed Records of Dallas County, Texas. A plat of even survey date herewith accompanies this description. I, Ayub R. Sandhu, a Registered Professionrl Land Surveyor, hereby certify that the legal descriptionl hereon and the 􀁡􀁣􀁣􀁯􀁭􀁰􀁡􀁮􀁹􀁩􀁾􀁧􀀠plat represent an actual survey made on the ground under my 􀁳􀁾􀁰􀁥􀁲􀁶􀁩􀁳􀁩􀁯􀁮􀀮􀀠􀁾K 􀁾.." 􀀮􀁊􀀭􀁰􀁾 Ay b R. Sandhu, R.P.L.S. Texas Registration No. 2910 Page 2 of 2 I i I '"' .. 294.16' EXHIBIT "B" ---------:--SET RR SPIKE IN ROCK lQ) 􀁾WOlQ) 􀀱􀁍􀁉􀀢􀁾􀁉􀁦􀂥􀁾􀀠􀁾􀁬􀁬􀁊􀁬􀁉􀁦􀂥􀁗􀁾􀀢1.12S78"26'42"E 􀁾􀀢􀀧􀁜􀀹􀀩􀁾􀀳LOT 1. BLOCK 1 BELT LINE-MARSH BUSINESS PARK JAN. 10. 1983 VOL. 83042. PG. 0425 DRD,C. T, fWHO. ALUNINUM DISK AElMA UfE INSURANCE OOII"ANY CAUfD 12.483 􀁾􀁓AYB PROPERTY n, LP. DECEMBER 21, 1982 􀀭􀀭􀁾􀀭􀀭􀀭􀀭􀀭CAU.£D 5.4319 􀁁􀁾􀀵Nn'58'55"W -434,16' P.O.B. LOT 4R VOL 822!50, PC. 285DETAIL .illY 31, 1998(CAllED N77'4r5"W) BLOCK 1 D.R.D.C.T.VOL 98157, PG. 05195 D.R.D.C.T. LOTS 2R. 3R I: 4R. BLOCK 1 or BELT LINE-MARSH BUSINESS PARK CALlED 3.876 AC. MAY 3, 1995 SET 'Pt(" IN VOL. 95100, PG, 03275A. LEE PFLUGER CHILDREN'S lRUST SA. JCMNT O,R.O,C,T.VOL 95134, PG. 2668 n.R.D.C.T. • 578'26'42"£ ------REALTY ROAD-----N7nl8'55" -434.18' VARIABLE R.O,.,(CAlLED Hn'4T5I)"W) S 12'0\'05" • APRIL 17, 197813.12'SEE DETAIL (CAlLED S 12·':to,".) VOL 78155. PC. 0001 DR.D.C,T. 􀁾􀀠􀁾􀀠C'I\ cc, 1 PARCEL 20 􀁾􀀠A PLAT OF A.. " 1 '1 0.0978 ACRE (4,262 SQ. FT.)"'" TRACT OF" LAND IN THE DA\/10 MYE RS SURVE Y ABS TRACT NO. 923 NOlES: TOWN OF ADDISON ALL BEARINGS ARE REfERENCED TO THE NORTH RIGHT Of WAY , DALLAS COUNTY, TE XAS LINE OF CENTURION WAY, CALLED S 89'51'55" E, ACCORDING TO THE fiNAL PLAT Of LOT 3, SURVE YOR ADDITION, RE CORDE °IN . I, j ' .. . , 100 o 50 100 200 VOL 77173, PAGE 135, D.R.D,C, T. • OENOlES A FOUND POiNT AS INDICAlED 􀁾􀀠-.. '" DENOTES A 5/8" IRON ROO SET :. . 1 I·., \ ... ', -I 􀁾􀀠f, I I I '........iiiiiiiI A LEGAL OESCRIPRON Of EVEN SURVEY DAlE HEREWITH • ------PROPOSED RIGHT or WAY UNE 􀁾􀁃􀁃􀁏􀀡􀀮􀁦􀁐􀁁􀁎􀁉􀁅􀁓􀀠THIS PLAT, GRAPHIC SCALE􀁾􀁾􀀱􀁬􀁾􀁾􀀠= 100 FT.1 INCH TEMPORARY CONSTRUCTION EASEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF DALLAS § THAT AMB PROPERTY II, L.P., a limited partnership, organized and existing under the laws of the State of Delaware, hereinafter called GRANTOR, for and in consideration of the sum of ONE DOLLAR ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does by these presents grant, sell and convey to the Town of Addison, Texas, a municipality authorized under the laws of the State of Texas, hereinafter called GRANTEE, a temporary non-exclusive easement and right to pass over, along, under and across portions of GRANTOR'S property (the "Easement") as shown and depicted on Arapaho Road Driveway Exhibit G, attached hereto and incorporated herein ("Easement Area 1") and Arapaho Road Driveway Exhibit H. attached hereto and incorporated herein ("Easement Area 2") (both Easement Area 1 and Easement Area 2 shall sometimes be collectively referred to herein as the "Easement Area"), for the purpose of constructing a public roadway to be known as Arapaho Road (the "Roadway"). This Easement shall only be used by GRANTEE and its contractors in connection with the construction of the Roadway adjacent to the Easement Area at Grantee's sole cost and expense, GRANTEE shall restore the Easement Area to the condition that existed before the construction of the roadway. This Easement shall terminate 24 months from the date the Notice to Proceed with construction under the construction contract for the Roadway adjacent to the easement Area is issued by the applicable govemmental authority, or upon the expiration of 30 months following the date of execution of this Temporary Construction Easement, whichever is earlier. The termination of the Easement granted hereunder shall in no way relieve Grantee of its obligation to restore the Easement Area to its former condition, as provided above in the immediately preceding paragraph. 1 As the iasement Area covers all access points into the remainder of Grantor's property ("Grantor's Property"), Grantee's access to and use of the Easement Area for the purposes expressly provided hereunder shall be undertaken by Grantee in a reasonable manner and shall not be used in a manner that will at any time prohibit or substantially interfere with all access to and from Grantor's Property by Grantor or any occupants thereof (including the employees, agents, contractors, customers and invitees of same), but must at all times allow for reasonable access to and from Grantor's Property by all such parties. All work performed by Grantee on the Easement Area shall be effected as expeditiously as possible, and Grantee'shall not permit any I iens to stand against the Easement Area for any work done or materials furnished in connection with the performance of the work described herein. Grantee shall indemnify, defend and hold harmless Grantor from and against any and all liability, claims, damages, expenses, (including reasonable attorney's fees and reasonable TEMPORARY CONSTRUcrlON EASEMENT-AMB PAGE I attorneys' fees on any appeal), liens, claims of lien, judgments, proceedings and causes of action to the extent that any alleged injury or damage is alleged to have been caused by any negligent act of Grantee in connection with (i) use of the Easement Area by Grantee, its contractors, employees, agents, successors, or assigns or (ii) the performance by Grantee, its contractors, employees, or agents of work for which this Easement is granted; provided however, that such indemnity is provided by Grantee without waiving any immunity that it may be entitled to, and further, such indemnity is subject to and shall not exceed the monetary limitations of damages as set forth in the Texas Tort Claims Act. In providing this indemnity, Grantee is not waiving any defense afforded by Federal or Texas law, and this indemnity is solely for the benefit of Grantor and not intended to create or grant any rights, contractual or otherwise to any other person or entity. The Easement granted herein is not intended and shall not not be construed as a gift or dedication to or for the benefit of the general public or for any public use or purpose whatsoever. It is expressly understood and agreed that the Easement granted hereunder is and shall be non-exclusive, and Grantor does hereby reserve for itself and the occupants of Grantor's Property (as well as the employees, agents, contractors, customers and invitees ofsame) (i) the right to use and enjoy the surface of the Easement Area for access to and from Grantor's Property so long as same does not materially and adversely interfere with the use of the Easement Area by Grantee and (ii) the right to grant such other easements as Grantor deems desirable on the surface or subsurface of the Easement Area, provided that such other easements shall not materially and adversely interfere with Grantee's use of the Easement Area. TO HAVE AND TO HOLD unto the Grantee as aforesaid, for the purposes and on the conditions set forth hereinabove, the Easement and Easement Area described above. EXECUTED this ___day _______, 2001. GRANTOR AMB PROPERTY II, LIP. '*' By AMB Property Holding Corporation General Partner By: Print Name: Print Title: TEMPORARV CONSTRUCTION EASEMENT -AMB PAGEZ STATE OF TEXAS § COUNTY OF DALLAS § BEFORE ME, the undersigned notary public in and for said county and state, on this -;--_ day of , 2001, personally appeared _--=-__-;--__--,:-___ the of AMB Property Holding Corporation, general partner on behalf of AMB Property II, L.P., a limited partnership, known to me to be the identical person who executed the within and foregoing document, and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or entity upon behalf of which he acted, executed the instrument, for the uses and purposes therein set forth. GIVEN UNDER my hand and seal of office the day and year last above written. MY COMMISSION EXPIRES: [SEAL) , "' TEMPORARY CONSTRUCTION EASEMENT -AMB PAGEJ --------SW CORNER C£ TCE , , I, , I, DRIVEWAY EASEMENT = 1675 SF = 0.0385 A.LEE PFLUGER I AMB PROPERTIES II.L.P. CHILDREN'S TRUST , -I , I ' AREA AC. SCM.E: 1"'20' . ------------------------------4-- -_ --______ _ 􀁾􀀠c 􀀭􀀺􀀧􀀽􀀺􀀧􀀺􀁔􀀢􀀭􀀢􀀭􀀢􀀭􀀢􀀭􀀢􀀭􀀧􀁾􀁔􀁾􀀧􀁒􀁅􀁾􀁾􀁾􀁾􀁾􀁅􀁓􀁔􀁾􀁾􀁾􀀮'" " L o􀀮􀁾􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀁾􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭� �􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭.. THE SW CORNER Of THE TEMPORARY CONSTRUCTION EASEP'ENT IS LOCATED ,,.. AT THE SW CORNER Of THE AMB F'ROPERTIES II. L.F'. F'ROPERTY. u Of TCE ARAPAHO ROAD DRIVEWAY EXHIBIT G TCE LOCATION MAP 􀁾􀁌􀀭__________________________________􀁾____________________________􀁾N.T .S. AMB PROPERTIES II. L.P. DRIVEWAY EASEMENT AREA = 883 SF =0.0203 AC. rEXISTING ROW SCALE: 1"=20' 'liNCOLN TRUST l COMPANY : CUSTOOI ----------_--_1___--__-------Ii ARAPAHO ROAD 22-00 r 23+()()􀀭􀀭􀀭􀀮􀀭􀀭􀀭􀁾􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀮􀀭􀁪􀀭􀀭􀀮􀀭􀀭􀀭􀁾􀀭􀀭􀀭􀀭􀀭􀀮􀀭􀀭􀀭􀀮􀀭􀀭􀀭􀀮􀁾􀀮􀀭􀀭, -.. TRIANGLE BOWL ASSOCIATESi\ (..􀁾􀁾􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀁾􀀭􀀭􀀭 􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀁾􀀠SE CORNER c: < w " c;, ..-..􀁾􀀮􀀺􀀺􀁬􀁵􀀭.." Q. 􀁾􀀠1olfN'1HO ROAD = " 􀁾􀀠􀁾􀁾􀀨􀀠:c 􀁾􀀠Tet LOCATION MAPQL-______ 􀁾______t"'t N.T.S. THE SOl CORNER Of THE TEtJI>ORARY CONSTRUCTION EASE"'ENT IS LOCATED 13.01' NORTH AND 1.85' EAST Of THE SE CORNER Of THE AMe PROPERTIES II. L.P. PROPERTY . ARAPAHO ROAD DRIVEWAY EXHIBIT H /' 􀁾􀁾________􀁾__________________________________􀁾􀀠 l'!lday 􀁯􀁦􀁟􀁌􀀡􀀡􀀮􀁾􀀧􀁦􀀡􀀡􀀡􀀺􀀺􀀮􀁾􀁾􀁟􀀧􀀠2001 ) TEMPORARY CONSTRUCT, 1492:655 STATE OF TEXAS § 08/14101 mom $13.00§ Deed COUNTY OF DALLAS § THAT TXU ELECTRIC COMPANY, successor to Dallas Power & Light Company, a Texas Corporation, hereinafter called GRANTOR of the County of Dallas, State of Texas, for and in consideration of the sum of ONE DOLLAR ($1.00) and other good and valuable consideration, the receipt and sufficiency of whlch is hereby acknowledged, does by the presents grant, sell and convey to the Town of Addison, hereinafter called GRANTEE ofthe County ofDallas and the State of Texas, a temporary easement and right to pass over, along, under and across a portion (the "Easement Area'') of GRANTOR'S property, whlch easement and right of passage is located as shown and depicted on Arapaho Road Driveway Exhibit I, attached to and incorporated herein, for the purpose ofconstructing a roadway to be known as Arapaho Road. Thls temporary construction easement shall only be used by GRANTEE and its its contractors in connection with the construction of a public right-of-way adjacent to the Easement Area GRANTEE shall restore the Easement Area to the condition that existed before the construction of the roadway. Thls temporary easement shall terminate 24 months from the date of the Notice to Proceed with construction under the construction contract for the roadway adjacent to the Easement Area, or upon completion of the construction of the portion of the roadway adjacent to the Easement Area, whlchever is earlier. TO BAVE AND TO HOLD unto the Town of Addison, Texas as aforesaid, for the purposes and on the conditions set forth hereinabove, the fasement and Easement Area described above. Grantor binds Grantor and Graiftor's heirs, executors, administrllfors, and successors to warrant and defend all and singular the Easement Area to Grantee' for the duration and purposes set out herein again t every person whomsoever lawfully claiming or to claim the same or any part thereof. EXECUTED this TEMPORARY CONSTRUCTION EASEMENT 209' I 58 00208 ACKNOWLEDGMENTS STATE OF TEXAS § § COUNTY OF DALLAS § This instnunent . was acknowledged before me this fUday of 􀁾14t ' 2001, by W. KYLE RAY, Attorney in fact for TXU ELECTRIC CO 'PANY, a Texas corporation, on behalf of said corporation. PuBLIC, STATE OF TEXAS TEMPORARY CONSTRUCTION EASE.'.fENT 1001158 00209 C 0> '0 􀁾􀀠L .-0 i'" n 1: x OJ." .-CL '" 1:.'" ,..'" m N.<3 \, , LINCOLN TRUST \ COMPANY \ CUSTODIAN NE CORNER TOWN OF ADDISON PROPERTY TxU ELECTRIC DRIVEWAY EA$EMENT¥lREA =1367 SF = .O.0314Ac. SCALE: 􀀱􀀢􀁾􀀲􀀰􀀧􀀠.􀁾.. ': .., , SW CORNER OF TCE-·--/,. \ .i -,,\, . '. .., i \ t __ -;----_----􀀬􀁟􀀭􀁾􀀭􀀭􀀭􀀭􀁊􀁜􀀮􀀭􀀭􀀭􀀭􀀭􀀭􀀢􀀢􀁜􀀭􀀭' -=-----:::-_-------,+. .. ,. , . !il ARAPAHO \ROAD ,, \ LINCOLN TRUST COMPANY CUSTODIAN \ --, --.... , \ -----􀀭􀁾..... _T_ ..... --"\... : i .".(! ; , 􀀺􀀺􀀮􀁾􀀧􀀠;: = 􀁩􀁾􀁔􀁾􀁕􀁴􀀠ANID 'cORRE 1 􀀬􀀱􀁨􀀺􀁾􀁦􀁁􀀮􀀮􀀧􀀱􀁾� �􀀠􀁃􀁾􀁐􀁙􀀠OFORIGINA ARAPAHO ROAD .' 'r : FILED IN DALLAS DRIVEWAY EXHIBIT􀁾􀀠TeE LOCA 'COUNTY CLERK'S FFICF '" N. T.S. ,112008SJIOOl " :," _ 􀁾􀀠􀁾􀀠':' -,. "''>'', ." \. ': 2flilJ AUG 14 fiN 9: 05 _. '., --"Ie '*.A!'._. 􀁾􀁟􀁌􀀧􀁩􀀬􀀮􀀮􀀮􀁬􀁜􀀠CO UN If CLERK ,OAUJ,S COUllTV ., 􀁾􀀮􀀢..... lSIAI 􀁾􀀮􀁣􀁉􀂣􀁉􀁉􀁉􀁉􀀮� �....... , . ••D&I..$ 􀁾􀀠AUG 20 ZOOI 1, ' DETURN TO 􀀧􀂥􀀮􀁬􀀡􀀷􀀺􀁟􀁾􀀧􀁩􀁾􀁾􀁟......09;"1"\ ,t /':. 􀀢􀀬􀁾􀀺􀁾􀀻􀀺􀀧􀁓􀀬􀀻􀀡􀀮􀁾􀁜􀀠...􀁾􀁴􀀧􀁦􀀮􀀬􀀠>' :;,.;,-􀀧􀁾􀀮􀀻􀁻􀀧􀀮􀁾􀀺􀀠,..,• 􀁾􀀮􀀠?7" .;",,"". ,:,.)If " .•􀀭􀁾􀀠:.' . io NAME -YOW»I of! AODfS'Sp!-;, __ ADOR'ESS 50z(? -!JILLI J...f!Jri... CITY OAl.L+5-j)\ 􀀱􀀭􀀵􀁾􀀧􀀠 7"bday of_-"---"'--F--=-:.-=--_-' 2001 TEMPORARY CONSTRUCTION EASEMENT 1492655 STATE OF TEXAS § . 0&/14/01 2796713 $13.00§ Deed COUNTY OF DALLAS § THAT TXU ELECTRIC COMPANY, Successor to Dallas Power & Light Company, a Texas Corporation, hereinafter called GRANTOR of the County of Dallas, State of Texas, for and in consideration of the sum of ONE DOLLAR ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does by the presents grant, sell and convey to the Town of Addison, hereinafter called GRANTEE of the County ofDallas and the State of Texas, a temporary easement and right to pass over, along, under and across a portion (the "Easement Area") of GRANTOR'S property, which easement and right of passage is located as shown and depicted on Arapaho Road Driveway Exhibit I, attached to and incorporated herein, for the purpose of constructing a roadway to be known as Arapaho Road. This temporary construction easement shall only be used by GRANTEE and its contractors in connection with the construction of a public right-of-way adjacent to the Easement Area. GRANTEE shall restore the Easement Area to the condition that existed before the construction ofthe roadway. This temporary easement shall terminate 24 months from the date ofthe Notice to Proceed with construction under the construction contract for the roadway adjacent to the Easement Area, or upon completion of the construction of the portion of the roadway adjacent to the Easement Area, whichever is earlier. TO HAVE AND TO HOLD unto the Town of Addison, Texas as aforesaid, for the purposes and on the conditions set forth hereinabove, the eapement and Easement Area described above. Grantor binds Grantor and Grant.'s heirs, executors, administraUp, and successors to warrant and defend all and singular the Easement Area to Grantee ibr the duration and purposes set out herein again t every person whomsoever lawfully claiming or to claim the same or any part thereof. EXECUTED this TEMPORARY CONSTRUCTION EASEMENT lOO' I 58 0a2 0 8 ACKNOWLEDGMENTS STATE OF TEXAS § § COUNTY OF DAI.LAS § , This instrument was acknowledged before me this !:l!!L/day of ulf ' 2001, by W. KYLE RAY, Attorney in fact for TXU ELECTRIC CO􀁾P ANY, a Texas corporation, on behalf of said corporation. PUBLIC, STATE OF TEXAS ..1 TEMPORARY CONSTRUCTION EASEMENT zOfill58 00209 r \ TxU ELECTRIC TRUST \ '. ",' CORNER NE CORNER TOWN OF ADDISON PROPERTY DRIVEWAY EASEMENT AREA = 1367 SF = 0.0314 AC. PROPOSED LINCOLN COMPANY CUSTODIAN SCALE: 􀀱􀀢􀁾􀀲􀀰􀀧􀀠SW OF TCE , \ ,,-.,-􀁾􀁏􀁗􀀠\ c LINCOLN TRUST'" " 􀀭􀁾.... ---COMPANY CUSTODIAN ,􀁾􀀠"/i.!;., :J: 􀀳􀁾􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀬􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭� �􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀬'" 􀁾􀀧􀀧􀀮􀀠TclE SW CORNER OF THE TEMPORARY +-SW CORNER \ CONSTRUCTION EASEMENT IS .LOCATED 1:> OF TCE _ •. -··-'SO.97' A-T,A BEARINGoE. S Od'06'18"E ti 􀁾􀀭􀀭􀀭􀀧􀀻􀀭􀀭􀁾􀀮􀀭FROM THE NE CORNER OF THE TOWNw --\ ;;; ARAPAHO ROAD . OF ADDISON PROPERTY, ,i. Ul,,-, /' w ' 􀁾􀀠􀁾􀀠􀁾􀀠\ ARAPAHO ROAD ;!:: w DRIVEWAY EXHIBIT􀁾􀀠􀁾􀀠TCE LOCATION MAP 􀁾􀁾______􀁾______􀁾􀁎􀁾􀀮􀁔􀁾􀀮􀁓� �􀀧________________-L__________________________________􀁾􀀠ZUUI/58 002/D I I ZOO 8S I IOnz 2001 AUG 14 All 9: 06 "."j. 􀁒􀁅􀁔􀁕􀁾􀀠TO. j 􀀺􀀢􀀨􀁾􀁾􀁾􀁾􀁾􀀺􀁾􀀮􀀺􀁾􀀺􀀨􀁾􀀮􀀺􀀮􀀺􀀠􀁾􀀠./I-< 􀀧􀀧􀀧􀁾􀀠'" -􀁾􀀢􀀢􀀠􀀧􀁾􀀠......".'" '",<'" NAME I WIJI of! ADDfS'Soj/ADDRESS 5$0' -lJrUr LJIJri-. CITY QAlJ.A--z. 17\ 'j-sfPt --.-.... ----._--...•• -o? TOWN OF ADDISON PUBLIC WORKS Phone: 􀀹􀀷􀀲􀁊􀀴􀀵􀀰􀁾􀀠2..g'.ff'b?72 -24-r:f-t/2 30FAX#: Fax: 􀀹􀀷􀀲􀀯􀀴􀀵􀁾􀀲􀀸􀀳􀀷􀀠Date:__􀁾􀀯􀀭􀀬􀁴􀁬􀀡􀀮􀁾􀀲􀀽􀀽􀀳􀀺􀀺􀀺􀀺􀀮􀀺􀀯􀀢􀀭􀀭􀀬 􀁴􀀩􀁾􀀯___ 16801 Westgrove' No. ofpages (including cover): 4-P.O. Box 9010 PlfT-IF Yt'C( fiND PROFILE STA 15-00 TO STA zo.oo 20 40 ' 60 80 SeALE IN FEET LEGEND ___ 􀁅􀁘􀁉􀁾􀁔􀁉􀁈􀁇􀀠CURB PRCPOSIil> C\!RS ITP=XXX.xx I TCP Of' PAVEI.£NT ELEVATION ITC=XXX.J t'§I <)z 􀁾􀀠􀁾􀀠.., '" !i ;iiI .. t'" '" .,.... '" ... .. .... .. 􀁾􀀠., c .... .... .. !l: .... , '" .... " .... \.WHILE yOU WERE OUT"" , <;: 􀁌􀀢􀀢􀀬􀁾􀁥􀀮􀀮􀀭= =-JAr /llf-􀁾􀀠FOR OATE TIME .M. N M 3(,.' 40 (.0 eo 120\j l(l ..v.. T MESSAGE WILLCAU. AGAIN CAMETO SEE YOU WANTS TO SEE YOU .9IbPS. fORM 4008 SIGNED􀀺􀀺􀀺􀁾􀁾􀁾􀀺􀁚􀀷􀀭􀁾􀁚􀁚􀀯􀁌� �􀁾􀁫􀀿􀀧􀁊􀁀􀀯􀀯􀀯􀀱􀀠, ----------.--/://4J􀁣􀀺􀀺􀀺􀀭􀀭􀀮􀀬􀀬􀁾􀁟---. -􀀭􀀭􀀭􀂷􀀭􀂷􀀭􀁾􀁏􀁓􀁂􀁄􀀠A 1> A -----._----------------' -..􀀭􀀭􀀭􀀮􀀭􀀭􀀮􀀭􀀭􀀺􀀺􀀺􀀺􀀺􀀭􀀺􀀺􀀭􀁾􀀭􀀽􀀭􀀭􀀭-4.LVU'AlIo \ -._-------___ --------= _ --.,I􀁾􀀭􀁅t·􀁀􀀭􀀭􀀼􀁾􀀮􀀮􀁾􀀯􀁓􀁊􀁾􀀻􀀧􀀺􀀧􀀺􀀺􀀺_________--......-___􀀭􀀭􀀮􀀮􀀮􀀮􀀮􀀮􀁟􀁾,.,'------------------. ------------------------------'-l ..-􀁾􀀠------------􀁾 􀀬􀀠􀁾􀀭􀀭􀀭--------------------------'----\ 􀁾􀀭􀀬􀁾􀀬􀀬􀀭􀀮􀀭􀀭􀀮􀀮􀀭􀀬􀀭􀀭􀀭.. '..--------..􀁾􀀠A'//--.-..---....-----...___ .. 􀀭􀁾.1 ."' I i 2: , ' '􀁬􀀧􀁾􀀠 . ! 􀁵􀁾\: 􀁾􀀠. I! 􀁾􀁾􀀠 8 ____ .. ___ .. "􀁾􀀬􀀠".. -.-'"􀀢􀀧􀁾;,􀁾􀁾􀁾􀀠_.-._-.._---.._--.-..., ,,1'0 􀁾ll" D.R.O.C.T. EXHIBIT A "''ROW ABANDONMENT REQUEST ARAPAHO ROAD EXTENSION THE D. MYERS SURVEY, ASST. NO. 923 .DALLAS COUNTY. TEXAS SCA1.£: 'OROST£OMEti COfIF'ORAllON Add'llootl. TIC 1&001 ""'-HAW'-"ASSOC'tA.TES, INC, aMI 􀁎􀁯􀁾􀀱􀁉􀁴f'fuos om. Ddas. TX 76225 1".... 40' AVO 20019 NOVEMBER 200'1 1 , -21.360 > , I -;., T/f:: 􀁌􀁃􀁾􀁾􀁹􀀠Co,yrgil'C72

I.,..liIy", 1111>1'" HII add",..,., ond 􀁭􀀮􀁾􀀠"Pili'" 􀀧􀀢􀁉􀁯􀁭􀀱􀀮􀁾􀀮􀁮􀀠rhot Is ptiviltt"'. collfld'"II., and _ from dl,,,,...,,, u""",II1. IppI_ ,.... If111, '"_o/tho m_1III1'" !IIlIlho in"'ndorl 􀀧􀀮􀁤􀁰􀁬􀁥􀀮􀁾􀀠or 􀁉􀁾􀀮􀀠ompIayU ,r agent "'"p:!ntible fordelMtring the __'oIMlnlandod"'lpOonl, yOU all 􀁦􀁴􀁥􀀢􀀧􀁢􀁾􀀠􀁮􀁾􀁲􀀢􀀢􀀬􀀠􀁬􀁾􀁯􀁴.. y(f....rnin.liOIT. dlllriDuliOn or oapy of lhilf """,",unleaU•• is 􀀮􀁬􀁲􀁩􀁣􀁬􀁬􀁾􀀠PlVl\IOIIod. U\'OIl _ ....Nod lhlo comm".i..li•• I. error. ""UId yo. kindly noilly u. _iilWl' by l'eIepn.... """ lIltum .... 􀁯􀁲􀁩􀁾􀁬􀁮􀀮􀀧􀀠m...aga'. u...1M.b.... 􀁡􀁤􀁤􀁬􀁬􀁬􀁾􀁾􀀠'll41/!l1 U'IJe(lIIUI'" "0111' SIIVIce. ,",.nk YO'".......--.............................,.."............"...... ..................,.... .....,."....._.."................._.................--..G:l£.EGA!.REIWPIOliROWNIPAX.RT.OOC DCT-18-2001 10'44 COWlES "" THOMPSON 2146722020 P.03/12 09124/01 ION 11!01 FAX 1704392289 IilI002 STNT-loe ES 00900749 27.00 ... When recorded, Ieturn to: Mesquitt: Creek Development, Ine, ATfN: OeI'leral Counsel 300 TeclmoloflY Court \ Smyma, Oeorgia 30082 SPECIAL WARliANTV DUl) (BELTLINE/MARSIf) THE STAT£OFT&XAS KNOw ALL MEN BY THEBE l'RE$El'ITSl C(ltlNTV OF DALLAS 􀁾'. I THAT A. LEE Pn.VCl\:R CHJLDRI!.N'S TAIJST (bCl'eil1ilfier referred to as "Grantor"), It Trost created IInder the Will ofCarllt Pflugw, whose moiling address is 2133 Offic" Park Drive, San Angelo, Texes 76904, fOIlIlld inconsideration oftllesum ofTENAND NOll OOmsDOLtAltl! (SIO,OO) ana other good and valuable consideration paid to Grantor by the Grantc:c herein nameQ, hil'i GRANTED, BAROAlNBD, SOLD and CONVEYBD, and by these presents dQoa GRANT. BAROAIN, SI!LL and CONVEY IInto MESQUlT£ CREEK DEVII:LOI'MEN'l" INC., a Georgia corporation (reibrred 10 herein as the "Grantee"), whose mailing'address is 300 Tcdmology COUrl, Smyma. Oeoriia 30082. all that certain real pro,JlCrty end improvements looatod thereon. situated in the county of Dalll!!, Texas, I!JId 􀁾􀁪􀁮􀀮􀀡􀁬􀀠more pertieul811y described on EXHtBlT "A" attached hereto and made a palt hereoffor all purposes (hereinafter referred 10 I!! thill "Property"). TmsCONVBYANCi IS MADE StlllJltCTTO Ihose matters set forth on EXHIBIT "B" att:;u:hed hereto and made a part hereof for all pu:q.oses !herein 􀁾􀁯􀁬􀁬􀁥􀁣􀁴􀁩􀁶􀁥􀁬􀁹􀀠referred to as the "Permitted Exceptions"), but it being expressly agreed thIIt Grantee hIlS not IIlIsw:ned or become liable for anyindebtedness set forth on ExHIBIT "8", TO IlA:VEAND TO HOWthe Propmty free, clellf and discharged orand&om all former grants, charges, laxes, judgments, mortgages and 􀁯􀁴􀁢􀁾􀁉􀀠liens ofwhatsoever nature, exoept the Permitted exceptions, telletlltn' with alllll1d sinf!ulu the rights and appurtenances thereto and in any wise belonging IInto the said Grantor, his helrs.leBal representatives, 􀁳􀁵􀁥􀁣􀁥􀁳􀁳􀁯􀁲􀁾􀁤assigns, forever; lIIId Onmtordoes harebybind 􀁨􀁩􀁭􀁳􀁣􀁬􀁴􀁾hi, heirs. legal 􀁲􀁣􀁰􀁴􀀱􀁬􀁳􀁥􀁮􀁬􀁾􀁴􀁩􀀢􀀢􀀧􀀮􀀬􀀠SUC':eSiO and assigns, to WmlUlt and Forevllll Defcmd all and sUlllIIllII the Property unto the sliid tee, its heirs, legal 􀁾􀁾􀁳􀁥􀁮􀁬􀁬􀁬􀁢􀀢􀀧􀁳􀀬􀀠succeSlIOrs and a$Sip, as.ins! eve!)' person wht/meoover lawtVlIy claiming or to cliim the same or any pan thereot; by, thrOugh or under Grantor, but not otherwise, For the Game wonsideratbm, Grantor hereby GRANTS, BAAOA/NS, SELLS lind CONVEYS, without Wattatlty express or impJied. all inlllre8l, if any, of Grantor in (i) strip, or gores, if any, between the Property and abuttliig properties; (iI) any land lyill8 in or under the bed ofany Slreet, alley. road, or right.of.",ay, 􀁯􀁾􀁮􀁥􀁤or proposed, Ilbuttin!! or adjllCl'Ot to the Properly; and (iii) anyand all easements, rlgll1s, privdell"s, tenements, hereditaments anel 􀁡􀁰􀁰􀁵􀁴􀀱􀁥􀁮􀁡􀁮􀁾􀁥􀁳􀀠tlIllt'Ilunto now or hereafter belOtl,sing or appertairuni [0 the Property. By acceptance of this Speoial Warranty Deed, Purchaser 􀁾􀁫􀁮􀁯􀁷􀁬􀁥􀁤􀁩􀁯􀁳􀀠that the natural drai!Ul88 from the Property Is onto Oranter's adjOining property ("Grantor'$ l'Topetty") more specifically described on EXWpllT "C" attached hereto and incorporated herein. and 􀁇􀁮􀁭􀁴􀁥􀁾􀀬􀀠at PA.GE I '2IlP229 01 I 19 OCT-1B--2001 10'45 COWLES &THOMPSON 2146722020 P.04/12 􀀧􀀰􀀹􀀯􀀲􀁾􀀯􀁏􀁉􀀠liON ,l7;Q8 FAX 7704332289 􀁾􀀰􀀰􀀳􀀠Grantee's sole 􀁣􀁯􀁾􀁴and expense. covenants and agrees to capture and dispose ",ftbe water from. the Property,which would othe:wise drain onto Grantor'5 Property upon Onintee's development ofthe Property. By IICceptance ofthia Special WIIIT8Ilty Deed. Grantee covenants and agrees that the initial use of the Property by Grantoe, Melropoli1an Food&, Inc. or any affiliate of Me or Metropolitan Foods, Ina. (hei'einaftercollectively rowed to ilJ "Me") is hcroby 􀁲􀁥􀁳􀁾􀁴􀁂􀁤􀀬such that ifand when Me develops the Properly, the Property may only be used to construct and operate a Racetrae alISolill.. sorvice station ("Racetrao Facility") consistfl:tn Q!I to design, colOt, size md function with those plans and speeifications (tho "Plans") prepared by Baird. Hampton and Brown. Inc., pursuant to BIm l'rojectNo. 2000.0)5.000. and beingmom 􀁳􀁰􀁥􀁾􀁪􀁦􀀱􀁥􀁡􀁬􀁬􀁹􀀠identified on Ex.uIllIT"'" attlched hereto Mil Incorporated heroin. A copy aithe Plans may be obtained from the offices 0 Mesquite Creek Devolopment, Inc. at 300 Technology COurl, Smyma, Georgia 30082. Me will tlot occupy or use the ProPerty or any pw1ion thereof for any other purpose without the Grantor's written consent, provided, howev;r. thai such re!l1riction sbaII not IIpply to any slIocessors.in title to MC. By acceptance ofthi9 Sp'ocial WarrantyDeed. MC covcnllll'l$ and8g)'c:es tblLtiflillri when Me develops the Property. at Me Bsole cost I!1Id lOCpelUe, Me shall: (i) cause to be constructed. and maintill/led II \IOlIIbillllUon of landscaping UJd fllllQing along the eilJlem boundaty of the Propertyseparatingthe Property from Grantor'. Property: and (ii) shall ablo cause to be screened the bllCk or east side ofthe bUilding to be oonstnlctod by Me on the Prope.rty. sucb landscaping, fencillg and 6CrCClliDa to be in accordance with Ihe Plans. The provision 5eI forth in the immediatl:ly preceding sentence shal1 constitute 11 oovenant rwminl! with the Property. Grantee. byits acceptanCe bereof. c!oes hereby assume anc! agree to pa.y the ad valorem. taxes applicable to the Property fOr "WClJIiar .)'e8l' 2000 8I1d subsequont yests. 􀁾􀀮􀁳􀁗􀀧􀁔􀁬􀁉􀁉􀁅􀁓􀁓WHlI:REoF, QtantO!' hasexecutcd tbls Specilll Warranty Dcecl to be I:ffemve as ofthe -􀁤􀁬􀀱􀁹􀁯􀁦􀀱􀁬􀁾􀀠,2000. GRANTOR; • A. LEt I'JIIl.IJGIilIl OIlUIUN'S TaU$'l', a TNSt created under the Will of Carl R. Pfluger By: l'AOE2 OCT-18-2001 10:45 COWLES 8. THOMPSON 2146722020 P.05/12 '09/24101 liON 17: 08 fAX 􀀷􀀱􀀰􀀴􀁾􀁾􀁕􀀸􀀹_. -_...... Ii!i004 ST"TE Oi"TEXAS COtlNlY OF DALLAS I BEI'OK£ ME, the undersigned IIUthority. 0)1 this day pltlllOJlally appeared AddiiOD. Lee Pfluger. in his cllpac:ity lIS Tmstee of the A. LJ:E PFLVGER CHll.J)Rll:N'S TRUST. a Tmst created lIIIdef the Will of Carl R. PtlllSOf, known to me to be the person whose name is subscribed to the foxegoing in.s1rument and ackilowledged to ml' thai he executed the same for the PU!JlO5II1l and oollsiduation therein expressed and in the capacity therein. stated, on behalfof5aid Trust. 􀁇􀁉􀁖􀁅􀁎􀁕􀁎􀁄􀁅􀁒􀁍􀁶􀁈􀁁􀁎􀁄􀁁􀁎􀁄􀁓􀁅􀁁􀀮􀁌􀁏􀀧􀁏􀀢􀁆􀁬􀁃􀁅􀁴􀁢􀁩􀁳􀁬􀁨􀁥􀁾􀁯􀁦􀀠hOlypclVJ) 2000. SPl!CIAL WARRANTY DilEO (BELTIJNE.MARSH) (TR.UST 10 METROPOLITAN) PA0E3 􀁷􀀢􀀧􀁗􀁇􀀡􀀡􀁬􀁴􀀢􀀧􀁜􀁬􀁴􀁉􀀡􀁉􀁂􀁬􀀧􀁉􀀡􀁃􀁉􀁨􀁾􀀠IVIJIlWlTY 􀁄􀁩􀁓􀁬􀀩􀀨􀀱􀁉􀁉􀁬􀁬􀀮􀀧􀁬􀁬􀁊􀁎􀁉􀀻􀀮􀁍􀁁􀁒􀁓􀁾􀀩􀀠(T1I1JSTTO Ml!TlIOrOliTlIN) II,II,DO 200229 0112 J OCT-18-2001 19'45 COWLES 􀁾􀀠THOMPSON 2146722020 P.96/12 '09124(01 liON 17.03 PAX 1704332289 1i!I00G-" -o '00.....-<'.e· •.•.•. -oo..ueu H¥hI."'l SCOIe ,. '" 30' MAIlSS LAMB '2IlIl2 29 0 I I 2 2 OCT-18-2001 10:45 COWLES &THOMPSON 2146722020 P.07/12 09/24/01 liON 􀀱􀀱􀁾􀀰􀀸􀀠FAX 1704332289 lIXlI:l.b1t "A" Page 2. nt; 1 I.tA/II.. IIII!IC_ 8Mtr • _ ot '"'"' .......... in 1M CIIit of 'dill,"l, DlIIH -If..T••• """ iIoInD • _ of _ 1. l1li I./ft"""" ....,_....... __ in .... ll... 1'-, """" 170 ., "'" _ R_ of Do,,,. eo..... T_ .." _ .... bofo9 • "'_ ... p..... at ..... _ ........... ,"""-' Citftdrwt. f""1t .. record_ in YoNma filM. tt.p .... IIdIl """' rr JII'I MlrI' ..aiecd br m'" III'Id bounds " fotkt'n; 'ziIlJ229 a I I 23 OCT-18-2001 10:45 COWLES & THOMPSON 2146722020 P.08/12 . . 􀁏􀁾􀀯􀀲􀀴􀀱􀀰􀀱􀀠liON 17;09 FAl: 770'332l160 IilI007_.---'--' -'-' -.. EXHIBIT "R" PERMlmnEXt:l!!I'TIONS I. Relllril:1ive covenants JeCord.ed in Volume 18081, Page 150, Real Property RecQrds ofDalh.. County, Texas, 2. Restriclive covell..ntsftcarded in Volume 83014, Pags 2919. Real Property Records atDal1as county, Texas. 3, ResllictivlI co\l1lnanls recorded inValumo 93129. Page 126, R.eal Property Record$ 􀁯􀁦􀁄􀁡􀁬􀁬􀁡􀁾􀀠County. Texas.. 4. Restrictlvecove!l8Illsreeorded in Volume 95 134, Page 2861. Real Propei1y Records ofDillI a v County, Texil!l. s. Restrictive covenants recorded in Volume95134, Page 2868, Real Propeny Reoords ofDallu Collllty. TUII!!. 6. Reciprocal Eaements Agreement dated 6122194, bY and between Addison Lee Pfiugor and T.H.D.S. Corporation. a Texu corporation, filed 6128/94, recorded in Volume 94124. Page946. R.elll Pm!*tYRecorda ofDallas COllnty, Texas, and as shown on survey dated 4/612000,by Daniel H. Jomin, R.P.L.s. 114149, otSaird, Hampton &. Brown, Inc. 7. 􀁃􀁯􀁮􀁾􀁾􀁣􀁵􀁲􀁢􀁡􀁮􀁤guUeracrossthe Driveway EaseDlImtIecorded in VolUlnll94 114,Page 946, Real Property Records ofDallas COUllt}', Texu. IIIId as shown on survey dated 4/6/00, byDavid H. 1081.in, R.P.L.S. #4749, ofBaird, HamptOn & Brown, rne. 8. 20 foot water and sanitlU)' sewer casement from Addison Lee Pfluger to Town of Addison, dated 6/2'3/94, filed 1120194, recorded in 􀁖􀁯􀁬􀁜􀁬􀁦􀁦􀁩􀁾􀀠94138, Page 4340, Rcal Property Recorda of Dallas County. TCXIIS, and as shown on survey dated 4/()/2000. revised 4/13/2000, byDaniell H. Joalin. R.P.L.S. II 4149, ofBaird, Hampton &. Brown,lnc. 9. B_lllS, ifany, for public utilities, pipelitlcs or :facilities installed in any portion of lite vacated Marsh Lillie Right-of-􀁗􀁾􀁹􀀬􀀠lying within the land, tDgether with the right ofingFCSSand IoIgreIIS to repait, InIIinloln, replace end removethe same, as Tih!l.,wnpn survey dated416/00. 􀀢􀀬􀁾􀁧􀁥􀁤􀀠4113/00, by Daniel H. Joslin, R.P.L.S. #4149, ofBILil:d. 􀁾& Brown, Inc. .., 1 2lI!l22 9 0 I I 2 4 OCT-18-2001 10'45 COWLES & THOMPSON 214G722020 P.09/12 . 􀁄􀀹􀀱􀁚􀀴􀀯􀁾􀀱􀀠ION 17:09 PAl 17VI33Z2V9 􀁾􀀰􀀰􀀸._---.-, . ExHIBIT 􀁵􀁃􀀧􀁾􀀠􀁇􀀸􀁾􀁎􀁉􀁏􀁂􀀧􀁓PROPERTY BEING a UlI(;tofland OUt orthe D. Myers Survey, Abstract No. 923, said tract a.1so being in the Beltfure..Marsh Business Park. an addirion to the City of Addi501l, Dallas COlJl)ty. Texas. u I1IQOrded in Volume 78155. Page 0001, Deed Records, DaUII5 County, Texas, and being more particularly described as follows: BSGINNING It the intersection \lithe East n$ht-of-wayline ofMarsb Lane (a 100' R.O.W.) and the SOllthwest line ofthe: St. Louis &; Southwestern Railroad right-oi-way (8 100' R.O.W.); THENCE S 77· 46' 49" Balong the Soutbwemllne ofsaid railroad 73.53 feet to a point; TlfENCE S 77" 47' 59" E continuing along said 􀁓􀁯􀁵􀁴􀁨􀁷􀁾􀀱􀀠.O.W.line 417.03 feet to a point for corner; THENCE S 12' 12' 01" 􀁾􀁴344,93 feet to a point for comer' the North right-of-way tine of !'teal!)' RAtd (a 60' RO, w.); THENCE N 77· 47' 59" wALONG THE North Ilne ofReal y Road, 255.67 feet to II point of curvature oiaQ\1I'VC to the left having a central angle of08 06' 3S," a radius ofS30.00 feet and a tangent length of37.57 feet; THENCE ina Wcswrly diteetion Along said"urve to the I . an arc distance of7S,02 feet to a pointof U"\IefSe curvature ofa ourve to the right havinj II cen angJe ofOso 06' 35," II radius of 470.00 feet and II rangen! length 007.57 feet; THBNCE in a Westcrly dirootion along said oll!'\fe to the ri an arc distance of 66.52 feet to 1\ point oftanllency; THINCEN 77' 47' 59" W, Ill.16 feet to II. poillt for com , Tm:NCEN 22' 57' 16" W, 17.27 feel to "point for corner n the East right-oi-way line ofMarsh Lane; Tl:ttNCE N 31 0 53' 26" E. 0.32 feet to a point ofcurvature f 8. curve to the Jeft having a centrAl angle of IS· 07' 29" a radi1l$ of 1323.l4. anda. tangent len th of 175,67 .feli; THENCE in lIiortherly direction along the said Illlf'le to e left an arc distance 0.f349.31 feet to the POINT Of: BEGINNING and containing 3,876 acreS Illlld, more or less; SAVE AND EXCEPT II tract of lmd situated in the D. M Survey. Abstract No. 923, Dallas CoWlly, Texas. aI$Q being II part ofBlock I. BBLn.INE-CH BUSINESS PARK, an addltion to the City ofAddison. according 10 the plat tbereofrccOl: ed in Volume 7&155, Page 0001, Map Reo:ords, Da.1las County. TOJ<8S, and being more plll'licul ydesoribed as follows: BI!:GINI'IING au S/S·incb rod set fOr comer in the east Ii ofMarsh Lane (100' R.O.W.), and the south line ora tOO-foot St, Lo\Iis &:. Southwestern Railro (StI... &; S.W.) R.O.W., said point also beina the northwest camer ofsaid BELTUNE·MARSH USlNESS PARK; PAGE 1 OCT-19-2001 10:45 COWLES 􀁾􀀠THOMPSON 2146722020 P.10/12 HON 11:09 FAX 1104332289--_.. -... ----_. --III 00 9 : THENCE S 77° 47' 59" £ depll!!ing tM saill east line ofMarsh Lene and. along the said south line ot'St.L. & S.W. R.R. R.O.W.• adiiilallce of221.33 feet to a 5/S-inch iron rod set fOf,omer; . THENCE S J2· 12' 01" W. 􀁤􀁾􀁰􀁬􀁜􀁊􀁬􀁩􀁮􀁧􀀠the aaid south line of St.L. & S.W. R.R. R.O.W.O a distance of I ) 0.00 feet to a SIS-inch iron rod let for corner; TH£NClfN 71· 41' 59" W, a dislance of234.77 feet to a S/S·inch iran rod Sill in the said eMt line ofMlII1Ih Lenc for comer. said point also being on II circuJ.ar curve to tbe left bving e radius ot 1323.24 feet III1d who,I' chord bem N 19' 09' 57" B 110.82 feet; THENCE along the Aid ellSt line afMarsiI we and eil:eular CU\"vI!, through II central angle of04' 41' 59". an arc distance of 110.85 feel, to the POIN1' OF BEGINNING AND CONTAINING 25,000 !ll}WlI'e feet of land. /nOn: Or lw. SAVE AND El'CEPT II. uaet of land situated in the City of Addison, Dallas County, Tal/u, and being II portion ofBlock 1, Belt LinelMarsb Businelll! Parle as recor.dcd in Volume 81 060, Page 170 oflhe Deed Records ofDallail County, TeKU, said tracllliso being II portion ofa plII'Cel of land dcl:ded to A. Lee Pflu$CI' ChilarM's Trust lIS recorded in VOlumB 95134. Page 2868, said tract ofland being described by metes and bounds 115 follows: BECINNING at a set cotton spindle at the southwest comer ofPfluger Addition as recorded in Volume 94116, Paee 1650 ofsald Dcc:d 􀁒􀁾􀁃􀁏􀁲􀁤􀀹􀀬􀀠said set colton spindle being on the East rightof.WII.y lina ofMarsh Lane. a I 00 foot rigbt-of.way; THENCE SOUTII 77 degrees 47 minutes 59 seconds BAST, departing the Bast right-of-way line ofsaid Marsh Lane and along the Soutllline atsaid Pfluger Addition, a distanl:C: of234.77 feel 10 a found SIS inch iron rod bent, being at the southeast corner of said PflU8* Addition; THENCE SOUTH 12 degrees 12 rniJlute9 ot seconds WEST, de.plll1ini; the South line ofsaid 􀁐􀁦􀁬􀁵􀁧􀁾􀀠Addition, a dlstIIIUll! of222.67 feet to 1151:\t 5/8 inch capped iron rod ("BHB INC"), said sel 5/8 inch ClIpped iron rod ("BHB INC"), being on the North line ofa 12 foot risht-or·WIlY dedication to the Town of Addison U lCIl'PWQ""''''-''' $I'IleLU. "'''''1W<'r'I aGED (!!!!l.,UWi!·t.WIlIH) rntU'TTO l>ffiT\tOl'OLI1AN) II.ItO. '11J1J229 Q I I 2 7 OCT-1B-2001 10'46 COWLES & THOMPSON 2146722020 P.12/12 􀁾􀀠09/24/01 liON 17; 10 􀁦􀁁􀁬􀀮􀀮􀀮􀀡􀀮􀁬􀁬􀀴􀁾􀀳􀀲􀀲􀀸􀁾􀀠􀁾􀁏􀁬􀀱􀀠; ;. 'IHIBIT "p" Pr.ANS AND SPECJnCATlONS The plans and spccifica1iQna for Racelrat Servioe StatiM #646 prepared by Baird, Hampton & Brown, Inc. [or BHB Prcje<:1 No. 2000.015.000: l, Boundary IIl1d Topographic Survey, dall>d April 6, 2000 2. Final PIa!, dated October 30. 2000 3. Drainage Analysis dlited Augu:;t IS,lOOO,revised October 12, 2000 and October 30,2000 4. Erosion Control Plan dated August IS, 2000, revised October 12, 21)00 and October 30.• 2000 !. Site layout dated August 15, 2000, rcvi$ed October 12, 2000 and October ;iO, 2000 6. Dimensional Control Plan dated August 15, 2000, ..!Vised October 12, 2000 and October 30, 2000 7. Site Paving Plan dated August 1S, 2000, revl5\:d October 12, :;WOO and October 30, 2000 8, GradingIDrainagePlan dated AugWlt 15,2000, revisod October 12, 2000 and Octob=r 30, 2000 9. Storm Drain PIIIII and Profile, dall>d SlI5/00, revised October 12.2000 and October 30, 2000 9. Utility Plan dated August 15,2000. revised October 12.2000 and October 30. 2000 10. 􀁍􀁩􀀶􀁾􀁥􀁬􀁬􀁡􀁮􀁥􀁯􀁬􀁬􀀵􀀠Detail$ dated August 15,2000. revised October 12,2000 and October 30. 2000 11. Stlllld&rli Delail$ dated January 5, 2000, as subsequently 􀁲􀁥􀀢􀁬􀁳􀁾􀀠em ratlulll}' 􀁬􀁾􀀬􀀠2000; Iwe 9, 2000; IIJId July 27, 2000 12. Pialltinl! Plan dated August 15.2000. revised Octobl\l' 4,2000 IIIId November J, 2000, 13. ... Irrigation PIIIll dated August IS, 2000, revised November I, .00 ., 14. • 1rri81ltion Dcl/lil$ dated Augulit 105,21)00 Notwithstanding the fote!!oing, MMquite Creek Development, 􀁾􀁮􀁥􀀮􀀠andlor its IIssign" shall 􀁃􀀻􀁏􀁬􀁬􀁬􀀡􀁾􀀠the" tall wood screen refieeted on Sheet L.I of 3L oftha above.described Plans with 6" It 6")(, 12' long steel tube posts set in concrete and ptes8W'e tteared wood panels on 2" 1< 2" steel tube flaming with one diagonal brace per panelllllQ galvanized hardware. PAGlllO TOTAL P.12 HP LaserJet 3200se TOALASERJ ET 3200 invent 9724502837 OCT·30-2001 3:21PM Fax Call Report Job Date Time Type Identification Duration Pages Result 731 10/30/2001 3:18:05PM Send 92147508823 3:05 12 OK HP LaserJet 3200se Fax Call Report T1111e T)'pe loont1f1cat1on Duration Pages Result E'O 11 19Qitl U ,Lb4 61 t bY 12 HP LaserJet 3200S8 TOALASERJET 3200 invent 9724502837 OCT·19·2001 9:07AM Fax Call Report Job Date Time Type Identification Duration Pages Result 52g 19/19/2991 9. 84.llMl £eRQ 9214150a@2:59 12 ok' TOWN OF ADDISON PUBLIC WORKS 􀁃􀀻􀀻􀀯􀁙􀁾CompallY: A 115 Pboae: 972J4Sl). ;J.6to􀁆􀁁􀁘􀀻􀀻􀀺􀁾􀁉􀁾􀂥􀀠􀀱􀁾􀀨􀁊􀀭$S>J Fax: 97l14SQ..l837 16801 Westgrove P.O. Bo. !lU10 Addison, TX 7500J..9010 From Ihe desk of: Gayle Walton Department Secretary 􀁾􀀭􀁾􀀭􀀭􀁾􀀭􀁾􀀭􀀭􀀢􀀠9721450-7039 5300 Bdt Line Road Fax 9721450-7043 P.O. Bot: 9Ol0 e-mail: gwa1,«m@ci.addUon.lX,wMdi>on, Tcx.s 75001 · " " Date: 􀀭􀀭􀀧􀀯􀁃􀁌􀁬􀁵􀀷􀁬􀀧􀁊􀀮􀀻􀀭􀀬􀀭􀀲􀁾􀀯􀀭􀀬___ COWLES &THOMPSON A Professional Corporation ATTORNEYS AND COUNSELORS ANGELA K. WASHINGTON 214.$12.2144 AWASHIt4GTONlmCOWLESTHOMPSON.COM November 7,2001 Mr. Steve Chutchian Town ofAddison P.O. Box 9010 Addison, TX 75001-9010 RE: Arapaho Road Project Phase IT Driveway Exhibits E and F Dear Steve: Enclosed is the original executed Temporary Construction Easement for Driveway Exhibits E and F, Arapaho Road Project Phase II. Once it has been recorded by the City, please forward a file-marked copy to me for my files and, per her request, I will forward a file-marked copy to Ann Garris with AMF Bowling. If you have any questions, please give me a call. AKW/yjr Enclosure 1 " ." c: Patrick J. Haggerty Campbell Company 16475 Dallas Parkway #700 Addison, TX 75001 Ken C. Dippel, w/firm 901 MAiN STREET SUITE 4000 DALLAS, TEXAS 152()2·3793 o ALL A S T Y L E R TEl. 214.672.2QOO fAX 214.672.2020 WWW.COWI-E5THOMPSGN.COM DOCI.Imrnt #: 9764.'54 􀁾􀁜􀁜􀁜􀀧􀁬􀀱􀀳􀀱􀀴􀀱􀁓􀁨􀀠 􀁏􀀩􀁾􀀠.. <$'? 'b -<9 􀁾􀀠 TEMPORARY CONSTRUCTION EASEMENT " NOV ?ilCl ;..> c.o ORIGIIVM.. ian, IJ') EARl. BULLOCK NSTATE OF TEXAS § ¢ Aoll°UNlY CLERK N § KNOW ALL MEN BY THESE 􀀺􀁓􀁅􀁾􀁩􀀢􀁓􀀢􀁴􀁹􀂷􀀠T_I ;:: 􀁾􀀠COUNTY OF DALLAS § /'􀁾􀀠Deputy 􀀧􀀺􀀱􀁾􀀠;C>Ot62B2 􀁌􀁬􀀥􀁾􀁓􀀠THAT AMERICAN RECREATION CENTERS, INC., a California corporation, hereinafter called GRANTOR, for and in consideration of the sum of ONE DOLLAR ($1.00) and other good and valuable consideration, the receipt and sufficiency of willch is hereby acknowledged, does by these presents grant, bargain, confirm and deliver to the Town of Addison, hereinafter called GRANTEE of the County of Dallas and State of Texas, a temporary easement and right to pass over, along, under and across portions of GRANTOR'S property (the "Easement"), as shown and depicted on Arapaho Road Driveway Exhlbit E, attached hereto and incorporated herein ("Easement Area 1 ") and Arapaho Road Driveway Exhlbit F, attached hereto and incorporated herein ("Easement Area 2") (both Easement Area 1 and Easement Area 2 shall sometimes be collectively referred to herein as the "Easement Area"), for the purpose of constructing a roadway to be known as Arapaho Road (the "Roadway"). Tills Easement is temporary and shall only be used by GRANTEE and its contractors in connection with the construction of the Roadway adjacent to the Easement Area. GRANTEE shall restore the Easement and Easement Area to the condition that existed before the construction of the Roadway. GRANTEE agrees to and does hereby indemnify and hold harmless GRANTOR and will defend GRANTOR from and against any and all claims, actions, damages, liability and expense, including reasonable attorneys' fees, in connection with loss of life, personal injury and damages to property alleged to have been caused by any negligent act of GRANTEE in connection with or arising out of GRANTEE'S construction activities authorized by tills Easement and occurring in the Easement and Easement Area, unless such damage, injury or cost arises out of the gross negligent or willful acts of GRANTOR, its agents, employees, contractors, and invitees; provided however, that such indenmity is provided by 􀁇􀁒􀁁􀁎􀁔􀁅􀁾􀀠without waiving any inununity that it may be entitled to, and further, such indenmity is subje,\\t to and shall not exceed the rnnnetary lirn!lations of damages as set forth in the Texas Tort Claims Act. In providing tills indenmity, GRABTEE is not waiving any defense afforded by Federal or Texas law, and tills indenmity is solely for the benefit of GRANTOR and not intended to create or grant any rights, contractual or otherwise to any other person or entity. Access to and use of the Easement and Easement Area by GRANTEE for the purposes expressly provided hereunder shall not materially interrupt or disrupt GRANTOR'S use of the remainder of GRANTOR'S property during the construction of the Roadway and shall not be used in a manner that will at any time proillbit or substantially interfere with all access to and from Grantor's Property. GRANTEE agrees not to store equipment and materials necessary to the construction of the Roadway on the Easement and Easement Area. GRANTEE may record tills instrument at its expense. TEMPORARY CONSTRUcrlON EASEMEJI,T PAGEl DoWllletlt#: 915J21 This Easement shall terminate 24 months from the date the Notice to Proceed with construction under the construction contract for the Roadway adjacent to the Easement Area is issued, or upon completion of the construction of the portions of the Roadway adjacent to the Easement Area, whichever is earlier. TO HAVE AND TO HOLD unto the Town of Addison, Texas as aforesaid, for the purposes and on the conditions set forth hereinabove, the Easement and Easement Area described above. Grantor binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and defend all and singular the Easement or Easement Area to Grantee for the duration and purposes set out herein against every person whomsoever lawfully claiming or to claim the same or any part thereof. EXECUTED this 2. Alb day ofNovember, 2001. GRANTOR AMERICAN RECREATION CENTERS, INC., 􀀺􀁾􀁡􀁬􀁩􀁦􀁏􀀻􀀻􀀿􀁾;lIL Mark S. Hatcher Title Vice President ofReal Estate STATEOFVIRGINIA § COUNTY OF HANOVER § t BEFORE ME, the undersigned notary public in and for said county and state, on this 1..--"'" day of November, 2001, personally appeared Mark S. Hatcherlknown to me to be the identical person WJ:lO executed the within and foregoing document, and acknowledged to me that he executed the sfme in his authorized capacity, and that by his signature on the instrument, the person, or entity upon behalf of which he acted, executed the instrument, for the uses and purposes therein set forth. GIVEN UNDER my hand and seal ofoffice the day and year last above written. 􀁾􀀳􀁤􀁾􀀠NOTARY PUBLIC MY COMMISSION EXPIRES: 10/31/03 [SEAL] TEMPORARY CONSTRUCTION EASEMENT PAGE2 .. /1 JAMB PROPERTIES II. LP. 11,/'\ "" III 0 ] \1ir------,t"c--lI L---------L 􀁛􀁐􀁒􀁾􀁏􀁓􀁅􀁾􀁟􀁾􀁾􀀺􀁴􀀻􀀭􀁵􀀠(I,h) ______U c '" " '" L '" o ./t'" 1> <: x UJ ./'" Q. '" ./J:: ./'" r-'" '" N f '\, 􀁾􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀁾􀀭􀀭􀀭􀁏􀀭􀀭􀀭􀀭􀀭􀀭􀀺􀀯􀀠--------'\ • 􀀮􀀮􀁾􀀮􀀠-• -• SCALE: '''=2'0' ______􀀫􀁛􀁾􀀺􀁁􀁐􀁾􀁾􀁾􀁏􀁾__􀀡􀁾􀁾􀁾􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀮􀀭􀀭􀀭􀀫􀀭􀀭􀀭􀀭􀀭􀀢 􀀠 SE CORNER OF BUSINESS AVE AND ARAPAHO RD NW CORNER ARAPAHO ROAD OF TCE NW CORNER OF TCE DRIVEWAY NT AREA = 202 SF " 0.0046 AC. EXISTING THE NW CORNER OF HE TEMPORARY CONSTRUCTION EASEMENT IS LOCATED 76.70' AT A BEARING OF S77"56'55"E FROM THE PT OF ROW CURVE AT THE SE CORNER OF BUSINESS AVE AND ARAPAHO RD. " PT OF ROW CURVE-ARAPAHO ROAD DRIVEWAY EXHIBIT E 5L-_________________ __________L-________________􀁾/N.T.S. • • ---ARAPAHO ROAD TCE LOCATION MAP N.T.S. PC OF SW CORNER COMMERCIAL AND LINCOLN TRUST COMPANY CUSTODIAN ;EXISTING ROW 􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀁾􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀮 􀀠SCALE: 1"=20' . 􀁃􀁾􀀠ARAPAi10 ROAD -== 24'«} 􀁾􀀠􀀭􀀭􀀫􀀭􀀭􀀭􀀮􀁾􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀫􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀮-----_.􀀭􀁾􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀁾􀀽􀁾􀀽􀁾􀀽􀀽􀀽􀀽􀁾􀀽􀀽􀀽􀀽􀀽􀀽􀁾􀁾􀀽􀀽􀀽􀀽􀀽􀀽..... DRIVEWAY EASEMENT AREA " "_ 250 SF 0.0057 AC• . 􀀭􀀮􀀭􀁾􀀭􀀮􀀠AiS:;QCIATES i NE CORNER OF TCE I I THE NE CORNER OF THE TEMPORARY CONSTRUCTION 1 EASEMENT IS LOCATf;;D 30.07' AT A BEARING OF N7P58'55"W FROM-,HE PC OF ROW CURVE OF SW CORNER OF COMMERCIAL RD AND ARAPAHO RD. ROW CURVEOF RD c: ARAPAHO ROAD v uS '" ., L o /' ... '" .t;, .c: '" /'., x \ "'" /.c: /' \ ARAPAHO ROAD ... '" '" DRIVEWAY EXHIBIT F'" '" /'5L-_________________________________-L______________________􀁾􀀠 •. ;". ,. ., ·.\....... ,..."::... -':" ." NORTHLAKE -I'IIORTHHAYEN 􀀱􀀱􀁬􀁁􀁎􀁓􀁍􀁊􀁓􀁓􀁉􀁏􀁾􀀠1.1NT. 􀁒􀁅􀀨􀁬􀁖􀁅􀀮􀁾􀁎􀁯􀀮􀀮􀀮􀁮􀀮􀁁􀀠ZIGOJS6.DUDNo.1 DR!'!i·u.s ;> STREET OR ROAD DEDICATION DEED 1454984 07113101 274sm STATE OF TEXAS § Dool § KNOW ALL MEN BY mESE PRESENTS: COUNTY OF DALLAS § That. TXV ELECTRIC COMPANY, succc,sor to Dallas Power & Light Company. a Texas corporation. hereinafter called "Grantor", for no consideration but ar a gift to the TOWN OF ADDISON, Dallas County. Texas. hereinafter called "Grantee", receipt of which is hereby ..knowledged. has GRANTED AND DEDICATED. and by these presents does hereby GRANT AND DEDICATE unto said Grantee for so long as the hereinafter described property called Arapaito Road is used for street or road purposes. and subject to the reservations hereinafter set forth, being a 0.1866 acre .rac. of land situa.ed in the David Myers Survey. AbSInICI Number 923. Town of Addison, Dallus County. Texas. and being more panicularly described on Exblblt IIA attached hereto Rnd made Rpart hercoffor all purposes. SUBJECT TO all visible. apparent and recorded casements and rights-of-way and subjec••o the easement retained by Grantor herein, over, under. along and across the tract herein and hereby conveyed. GRANTOR RESERVES AND EXCEPTS for itself. its succesSOr.! and ..signs. anicmen• ."d risht of way for one or more electric power Jines and communication lines, each isting of a variable number ofwires. and an necessary and desitable 􀁡􀁰􀁰􀁵􀁾􀁥􀁮􀁡􀁮􀀼􀁣􀁳􀀠and allaclonen ,including poles.ll-framcs, metal tow.... guy wires, and guy anchorages, over, ..ross, RIld upon the land herein conveyed, together with the right ofingress and egress over "nd alonH such land for the purposes of constructing, operating. improving, reconstructing, repairing, relocating, inspecting, patrolling, maintaining, and removing such electric power and communicalion lines as Grantor may from time to time find necessary. 􀁾􀁯􀁮􀁶􀁥􀁮􀁩􀁥􀁮􀁴􀀠or desirable to crect thereon. provided such use does not unreasonably interfere with Grantee·s use orlbe property for street or mad purposes. Gmntor shall have .he right to trim and cut down trees and shrubbery to the ...en., in the sole judgment ofthe Grnnlor,nccessary '0 preven: possible interference with thc opetalion of any of said lines or to remove pl)ssible hazards thereto. and the right to remove or prevent the cl)nstruction on such land ofany or all buildings. structmes, and obstructions. If any such buildings, structures. or obstructions ore 􀁾􀁯􀁮􀁳􀁴􀁲􀁵􀁣􀁬􀁥􀁤􀀠or penniued by Grantee to exist on the land without prior written cl)nsent ofGran lor. then the Grantor shall hllve the righlto n=move SIlItIe and Grnntee 8!,'TeeS to pay to Grantl)r the reasontlble cost ofsuch removal. nus dedication deW. subject to all liens ofrecord. is granted upon the 􀁣􀁾􀁮􀁳that the street or 2001/36 U3339 IIETURIHO: 􀁬􀁾􀁕􀁒􀁁􀁏􀁅􀀬􀀢􀀢􀁐􀁁􀁾􀀠TXU 􀁂􀁕􀁓􀁉􀁎􀁅􀁓􀁓􀁄􀁃􀁓� �􀁾􀁾􀁾􀁾SERVICES CORPOAATE PO 􀁾􀁾􀁾􀀱􀁾􀁾􀀺􀀢􀁍􀀰􀀸􀀳DAL....-, •• t23.00 ..􀁾􀀠.. 􀁾􀀭􀀭􀀭..􀁾􀀠" road 10 be constructed shall be maintained and Operalad by Grantee at no expense to Orantor. and Grantorshllll nOl be """",""ible for any cost ofconslnlclion. """,-..otioo, openuioo, maintenance, or mnoval oflhe.....J or s!ml. Grantee agrees that Granror will nol be assessed for any cost. of paving said _ or road. Orantee rw:the.r agrees thai should Granlor be "",oiled 10 remove, , relocate, or reconstruct any towers, poles, electric lines. or otbC'l facilities situated on the herein idescribed land as • ,esull aflltis dedicalion. paving, orO1her improvements thareon and Ihereto by '. Grant.... Grantee shall bear the cosl ofsuch ..location. removal, or ,econsl11Jction. ! ; TO HAVE AND TO HOLD the above-described premises, logether with all and singular the rights and appurtenances !harc1O in anywi•• belonging unto Gran.... its ._ISIlIId assigns. ror so long as the above-describod pl'OJI"'Iy i. used fo, street or road purposes. When sucb pmperty cease. 10 be used fbrstreet or road pwpose•• it shall immediately revert to and vest in Orantor, its successors and assigns; AND GranlOrdoeo hereby bind itself. it. successors and assigns. to WARRANT AND FOREVER DEFEND all and singular the above-described premises unto Grant.." its ,uccessors and assigns. against every person whomsoever lawfully claimingo'to claim the same or any part thereof. by. Ibrough. or under Granto,. but nol othcrwi:/EXECUTED thi, the , .....,-_____􀁾􀀮􀁹􀁯􀁦􀁟􀀭􀀬􀁾􀀢􀀮􀀢􀀬􀀬􀀬􀀬􀀬􀀬􀀬􀀠•• 2OUI. TXU ELECTRIC COMPANY. 􀀸􀁙􀀺􀁾􀀶􀁹􀀠Allomel"ln·Fact loall36 033 􀁾􀀠0 .1-'. •• STATE OF TEXAS COUNTY OF DALLAS This instrument w.. 2001, by W. KYLE RAY, Allon,,), ill ra.. Ibr '!'Xli ELECTRIC CPANY. a 􀁔􀁥􀁸􀁡􀀮􀁾􀀠corporation. en behalf ofsaid corporation. ACKNOWLEDGMENT § § § acIcnowledged before me this 􀁾􀁹of 􀁾• I, 2001136 033", 􀀽􀀬􀀬􀁾􀀭􀀭􀀬...-., -.... '--, --,'''' , " i03-07-01 11:2&.IM nOli eWULL COMl'MlIKS PV2 1 1 .l Parcel 16 ' 􀁾􀁩􀀮􀁬􀁤􀀠Note D ••􀁡􀁾􀀱􀁰􀁴􀀱􀁯􀁮􀀠Arapaho lOad Prclact 􀁾􀁯􀁷􀁮􀀠o£ Addiaon 114116. County, Tf>lI'''' e&ING a dascripUO!l 0: • O.U66 &0... 18,126 aqua"" footl I:.".ct j ot land 􀁥􀁩􀁾􀁵􀁡􀁴􀁯􀁾􀀠1n tho OIvid 􀁈􀁶􀁥􀁾􀁯􀀠Suovey. Abstract 􀁎􀁗􀁏􀁢􀁥􀁾􀀠923, I Town g£ Add1egn. calls. 􀁃􀁯􀁵􀁮􀁾􀁹􀀬􀀠Texaa, Qnd bein, a port1on 0' a 􀁾􀀠called S. 65 acra 􀁴􀁾􀀮􀁯􀁴􀀠of land oonvoyed t. D4l1aa Po..." 5 Li9ht Company "" J"".....ry 2, un. e!ld ....􀀢􀀢􀁾􀁟􀀠in Vol_ 4.'2, 1'11118 􀁾􀀠":398 0: the De"d Recorda ot OIl'lu county. T".u, said Q.1.B1i1i acra 􀁣􀁲􀁡􀁣􀁾􀀠0: 1_ bel", ....ro parUcularly d....eribed· by mete" a _ bounds as fo11owo. ' '1 􀁾􀀠IDGDDrIlIItil ac a S/& inch 1Jrcn rod Got in a eu.rvtil th.e 􀁰􀁊􀀺􀁯􀁰􀁯􀁾􀁃􀁬􀁤􀀠'I North :1:19ht .,f way of Anp&ho lIooC! n 􀀱􀁾􀀠intuaects tha c......,n {{lIeat line ot ..aid 5 ••S aCra tract an1KIN IF EIEN SUJMY 1L11E IIERE./III ----I __5 iUlS RAJ. CRAPHIC SCA\E. ,...,".Lw 1 lNat .. 50 Ft. 􀁃􀁪􀀻􀀻􀀧􀀮􀁾􀀩􀀠"tt""NTZX?PWY orr1EIAS PlIlER • UQIJ-"..,IIfI!FMF!! • .l17li..,., _ fQ. OII!II IIRIU:.r; ... .u.-. I-,sao,...,._. 􀁾􀀠,. ol'fm IlmilM mDmIID' JA-M3 't&£ FAiHRIES. L1IL -2110 1m ADDI5CN WEST 1I8AL -.mel\,PJEW YORK, Nnw YORK(214) 855-4500 (212) 704-6000 FACSIMILE (214) 855-4300 SAN ANTONIO, 'fE.x.AsMelissa Womble (210) 246-5000(214) 855-4314 WASHINGTON,D.C.mwomble@jenkens.com www.jenkens.com (202) 326-1500 July 24, 200 I VIA HAND DELIVERY Mr_ Michael Peinado Lincoln Property Company 3300 Lincoln Plaza SOON. Akard Dallas, Texas 7 S 20 I Re: 3801 Realty Road -Right-or-Way Deed and Temporary Construction Easement Dear Michael: In connection with the above-referenced transaction, attached please find acopy ofthe Right-ofWay Deed and Temporary ConstructionEasement submitted by the CityofAdriison. Thesedocuments havebeen marked to include my handwritten comments (as well asthetyped insert provisions referenced therein). After you have had a chance to review my suggested changes, please please give me a call to discuss any questions or comments you migbt have regarding same. , ... Sincerely yours, 􀁾􀁦􀁊􀁴􀁩􀁊􀁊􀁌􀀠Melissa D. Womble MDW:lkm Enclosure cc: William L. Sladek, Esq. (with enclosure) DaI.!as4 539918 v I, 21696,00062 P.03 JU.-16-2001 06:56 After Recording Return T(I: Angela K. Washington STATE OF TEXAS § Cowles & Thompson § 901 Main Street, Suite 4000 COUNTY OF DALLAS § Dallas, Texas 75202 RIGHT·OF·WAY DEED _______--" 2001DATE: GRA.7>fI'EE: Town ofAddison, Texas 5300 Belt Line Road Addison, IX 75001 (Dallas County, Texas) CONSIDERATION: TWENTY·ONE THOUSAND THREE HUNDRED TEN DOLLARS AND 00/100 ($21,310.00). in hand paid by Grantee, the receipt and sufficienoy of which is acknowledged by Grantor. PROPERTY (lNCL UDING ANY IMPROVEMENTS); See Exhibit A (Field Note Description for Parcel 20) and Exhibit B (Survey Depiction), ( 􀁾􀁾􀀻􀁾􀁴􀁯and incorporated herein by reference. l 􀁾􀀠 r Gtantor,1a limited partnership organized and existing under the laws 0 the State of Texas, for the consideration described above grants, sells, and conveys to 􀁇􀁴􀁡􀁮􀁴􀁥􀁾􀀠the Property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and to hold it to Grantee, Grantee's heirs, executors, administrators, successors, and 􀁡􀁳􀁳􀁩􀁾􀀠..... 0,.' 􀁪􀁩􀀡􀁦􀀴􀁾􀀡􀁉􀁴􀀠.b-i 􀀹􀁾􀁦􀀢􀁬􀁕􀁩􀁥1iei1'\lll' 􀀼􀀺􀁩􀁉􀁉􀁩􀁯􀁉􀁃􀁬􀀮􀁾􀁩􀀮􀁯􀁉􀁲􀀽􀁉􀀮􀀢􀀱􀁊􀀡􀀧􀁩􀁓􀀶􀁬􀁩􀀢􀁉􀁓􀀬􀀬􀀬􀀠"jll')'_ ".'1lrGtantor binds Gtantor and Gtantor's heirs, executors. administrators, and successors to warnmt and forever defend all and singular the Property to Grantee and Grantee's heirs, executors, administrators, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part 􀁴􀁨􀁥􀁲􀁥􀁯􀁾􀀠" 􀁾􀁾􀁅􀁁r;t2 ) WARRANTY DEED -Page 1 ,JUL-16-2001 06'56 P.1il4 MISCELLAI."ffiOUS: , (a) Nothing in this instrument shall be constru.ed as a waiver by Grantee ofany utility coonection charge or other charges imposed by ordinance or Charter ofthe Town ofAddison. (b) The Property hereby conveyed may be used as a public right-of-way for the passage of 􀁶􀁥􀁨􀁩􀁣􀁵􀁬􀁾_ and pedestrim traffic, including (without limitation) streets, roads, sidewalks, utilities, dninage, and other customary uses of public right-or-way_ Improvements may be on such grade and according to such plans and specifications as will, in the opinion of Grantee, best serve the public purpose. (0) The consideration described above shall be deemed full compensation for the conveyance of the Property, and for any diminution in value that may result to the remaining property ofGrantor by virtue of Grantee's use of the Property. Cd) . '. When the context requires it, singular nouns and pronouns include the plural. CEXECUTED effective as ofthe day first written above. &\1B Property II. L.P. 􀀭􀁜􀁾􀀭􀁾􀀭􀁦􀀮􀀮􀀭􀀡􀀡􀁜􀁾􀀳􀀠By ,AMe. Pn;>pc-..-h.j 􀁉􀁦􀁯􀁬􀁊􀁪􀀢􀀢􀀧􀀹􀁃􀁏􀁾􀀢􀀮􀁤􀁩􀁚􀀩􀀬􀀮􀀬􀀠G eneral Partner By: Print Name: Print Title: STATE OF TEXAS COUNTY OF DALLAS § § § I 2001, Before Me, this instby rument was acknowledged on this _ the daf-of______-' of AlA g eral partner on behalf of AMB Property II, L.P0' a limited p ership, wh acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or entity upon behalf of which he acted, executed the instrument, for the uses and purposes therein set forth. Nota!:)' Public in and for the State ofTexas Print Name: My Commission Expires: WARRANTY DEED -Page 2 Insert Provisions Right-or-Way Deed INSERT 1: RESERVATIONS AND EXCEPTIONS: This conveyance is given and accepted subjectto any and all validly existing restrictions, reservations, covenants, conditions, rights of way, easements, municipal and other governmental zoning laws, regulations and ordinances affecting the Property, ifany, and filed ofrecord in the countyand state where the Propertyis located. Except as otherwise expressly provided herein, Grantee, byits acceptance ofthis Right-of-WayDeed accepts the physical conditions ofthe Property "AS IS, WHERE IS, WITH ALL FAULTS" and in its present state or condition, without representation by Grantor or any ofGrantor's representatives as to any matter, whether or not expressly mentioned herein. INSERT2: ,except asto the Reservations (set forth above) from and Exceptions (set forth above) to such conveyance and warranty, when the c1aimis by, through, or under Grantor but not otherwise. INSERT3: By acceptance hereof, Grantee hereby expressly assumes liability forthe payment of all ad valorem taxes and assessments relating to the Property for the current year and all subsequent years. , .. Da11es4 539724 v 1, 􀀲􀀱􀁾􀀰􀀰􀀰􀀶􀀲􀀠 JUL-16-2001 06:57 P.ll TEMPORARY CONSTRUCTION EASEMENT STATE OF TEXAS § § KNOW ALL MEN BY T COUNTY OF DALLAS § 􀁾􀁄􀀠TO 􀁾􀁏􀁾􀁾􀀠unto 􀁊􀁦􀀻􀀺􀁾􀀧􀀺􀀺􀁩􀁴􀀧􀀭+1*96 as aforesaid, for tile nditiollS set forth hereinabove, th e ement and Easement Area described ATnM:'D thi ___day of_______, 2001. GRANTOR AMB PROPERTY II, L.P. By AMB 􀁒􀀭􀀭􀁯􀁾􀀠􀁾􀁉􀁤􀁬􀀧􀀧􀀢􀀧􀁴􀁬􀀠C,rpOl'1:l'hDh General Partner By: Print Name: Print Title: • 􀁏􀀮􀁾􀁓􀁔􀁒􀁵􀁣􀁮􀁏􀁎£ASE!'IENT -ANa PAGEl P.12 STATE OF TEXAS § COUNTY OF DALLAS § BEFORE ME, the undersigned notary public in and for said county and state, on this • . .,--_ day of • 2001, personally appeared known to me to be the identical person who executed ,the within and foregoing document, and aclcnowledged to me that he executed the same in Iris authorized capacity, and that by signature on the instrument, the person, or entity upon behalf of which he acted, executed t e instrument, for the uses and pwposes therein set forth. GIVEN UNDER my hand and seal ofoffice the day and year last above written, MY COMIv.!ISSION EXPIRES: (SEAL] ..f , . TEMPORARY CONSTRUCTION EASEMENT -oUlB PAGEZ Insert Provisions Temporary Construction Easement INSERT 1: ("Easement Area 1 ") and Arapaho Road Driveway Exhibit H, attached hereto and incorporated herein ("Easement Area 2") (both Easement Area 1 and Easement Area 2 shall sometimes be collectively referred to herein as the "Easement Area"), INSERT2: within 30 months following the date ofthis Temporary Construction Easement, whichever occurs earlier. The termination ofthe Easement granted hereunder shall in no way relieve Grantee onts obligation to restore the Easement Area to its former condition, as provided above in the immediately preceding paragraph. INSERT 3: Grantee's access to and use ofthe Easement Area for the purposes expressly provided hereunder shall be undertaken by Grantee in a reasonable manner and shall not (i) limit access to the Property by Grantor and any occupants thereof(as well as the employees, agents, contractors, customers and invitees ofsame) or (ii) interfere with the business operations conducted by any occupant ofthe Property. Allworkperformedby Grantee onthe EasementArea shall beeffected as expeditiously as possible, and Grantee shall not permit any liens to stand against the Easement Area for any work done or materials furnished in connection with the performance of the work described herein. Grantee shall indemnify, defend and hold harmless Grantor from and against any and all liability, claims, damages, expenses, (includingreasonable attorneys' fees and reasonable attorneys' fees on any appeal), liens, claims oflien,judgements, proceedings and causes ofaction, arising out oforinany way connected with (i) the performance ofsuch work by Grantee, its contractors, employees, agents or (ii) the use of the Easement Area by Grantee, its contractors, employees, agents, successors, or assigns. Itis expressly understood and agreed that the Easement grTted hereunderis and shall be npn-exclusive, and Grantor does hereby reserve for itself and the occupants of the !roperty (as well as the employees, agents, contractors, customers and inviteesofsame), (i) the right to use and enjoy the Easement Area including, but not limited to, the rightto use the surface ofthe Easement Area for landscaping and irrigation systems, for the passage ofpedestrian and vehicular traffic and to maintain paving on the surface ofthe Easement Area consistent with such purposes so longas same does not materially interfere with the use of the Easement Area by Grantee and (ii) the right to grant such other easements as Grantor deems desirable on the surface or subsurfaceoftheEasement Area, provided that such other easements shall notunreasonablyinterferewith Grantee's use of the Easement Area. Dallal'l4 539$13 v 1, 21696.00062 The Easement granted herein is not intended and shall not be construed as a gift or dedication to or for the benefit ofthe general public or for any public use or purpose whatsoever, and the parties agree to refrain from and take whatever steps may be necessary to avoid such dedication. All rights, terms, provisionsand obligations arising hereunder are covenants running with Ihe land, binding upon and inuring to the benefit ofGrantor or Grantee and Iheir respective successors in title. DaJ1as45391n3 Y1, 21696.00062 JUL-24-2001 11:50 3300 UIICOIn Plaza; 500 IIorth Akard street; OBlI.., TUlIa 75201 􀀲􀀱􀀴􀀱􀀱􀁾􀀯􀀲􀀱􀀴􀀱􀀱􀀼􀀱􀁏􀀭􀀳􀀴􀀰􀀴􀀨􀁦..) ,... Midlsel Peinado Company.: Lincoln Property Company ,.. 2141740-3404 PlIone: 2141740-3363 IDatw July 24, 2001 Numb... of Pagu: Nine (9) ; T.:: Pal Haggarty Ce.........lI' Campbell Company Fa: 972J246-0230 Pho.... 9721248-8888 TOI Angela Washington Compa"ll' Cowles & Thompson Fax: 2141672-2020 PhOlla, 2141672·2000 Tel Steven Chulchian Cempanr-Town ofAddison Fax: 9721450-2837 Phonr. 972/450-2886 To: Compallll' Fax: Phon'" 1 ;Ii ...U..-: IJ Forbvi.w IJ PI_ Com..... nt [] Please Reply [] '1-Racyc" •C.IIII..... Attached are our commenl:$. The inlonruatb! 􀁦􀁦􀀧􀁬􀁴􀁡􀁾􀀠in Wp 'N biMlrlirtm W intmds:d only fot tho 􀁰􀁅􀀢􀁾􀀠And rnnfjde:n!:ial 11M of k n _ in ......and !Iuot ..y .....w, _...., dlstzi!>.tUon '" "'P)'ing of !hi> """""&<' is mo.ly "'·3.00 ClilCAGO.ILLlNOJS ()12) <2,·3900 1445 Ross AVENUE 􀁈􀁏􀁖􀁓􀁔􀀨􀀩􀁎􀀺􀁉􀁾􀀢􀁍501'1'1::3200 (113) ?51·3l00 DAJ.!.AS, TExt\S 75202 Los ANOBl.fj$. CA.LIPOl\NIA (.)10) 1120·8600 NA Y'01lK.NtiwYOI\.K(214) 855-4500 (212) 704-6000 FACSIMILE (214) 855·4300 Sm ANTOl"", 1'mu'Melissa Womble (210) 24<1·5000(214) 855-4314 WASHINGTON,O.C.mwombl e@jenkens.com www.jenkeos.cam (202))26·1500 July 24,2001 VIA HAND DELIVERY Mr. Michael Peinado Lincoln Property Company 3300 Lincoln Plaza SOON. Akard Dallas, Texas 75201 Re: 3801 Realty Road • Right-of-Way Deed and Temporary 􀁃􀁯􀁮􀁳􀁴􀁲􀁵􀁾􀁴􀁩􀁯􀁮􀀠Easement Dear Michael: In connection with the above-referenced transaction, attached please lind acopy oftheRight-ofWay Deed and Temporary Construction Easement submitted by the City ofAddison. Thesedocuments havebeen marked to include my handwritten comments (as well as thetyped insert provisions referenced therein). After you have had a chanceto review my suggested changes, please givemea call to discuss any questions or comments you mignt have regarding 5an1C. Sincerely yours, 􀁾􀁦􀁊􀀮􀁾􀀠Melissa D. Womble MDW:lkm Enclosure cc: William L. Sladek, Esq. (with enclosure) f.l:.11;.$4 5')9918 v t. 21696.00062 JUL-24-2001 11:50 After ReeordiaC Retgm To! Angela K. Waihill.gk!1l STATE OF TEXAS COUNTY OF DALLAS § § § Cowles & Thompson !l01 Mail! Slreet, Suite 4000 Dallas, Tua! 75202 RlGHT·Of·WAY DEED ________-" 2001DATE: GRA..1IITEE: Town ofAddison, Texas 5300 Belt Line Road Addison, TX 7S001 (Dallas COU!lty, texas) CONSIDERATION: TWENTY·ONE THOUSAND TImES HUNDRED TEN DOll.AR.S AND 00/100 (521,310.00), in hand pajd by Grantee, the receipt and ru£fidency o(which is 􀁡􀀧􀁫􀁮􀁯􀁷􀁬􀁾􀁤􀁧􀁥􀁤􀀠by Grantor. PROPERn' (INCLUDING ANY IMPROVEMENTS); P􀀮􀀺􀀴􀁬􀀺􀀡􀁩􀁬􀁨􀀮􀁾􀁳􀁾􀁥􀁾􀁥� �􀁅􀁾􀀢􀁨􀀮􀁾􀁩􀀺􀁢􀁩􀁾􀁴􀀺􀀺􀁁􀀠(Field Note Description for Parcel 20) and Exhibit B (Survey Depiction), to and incotpolated herein by refcre.nc¢. GranrJr, a limited pmnC1'ship organi:tcd and existing under the laws 0 the State of Texas, for tbe consideration described above grants, sells, and conveys to Grant the Property, together with all and singular the rights and appurtenances thereto in iIllY 􀁷􀁩􀀤􀁾􀀠belonging, to have and to hold it to Grantee, Grantee's heil'$, 􀁥􀁸􀂢􀁣􀁾􀁯􀁲􀁳􀀬􀀠administrato:s,. successors, and 􀁡􀁳􀁳􀁩􀁾􀀠........,._. Grantor binds Grantor and 􀁇􀁲􀁡􀁮􀁴􀁯􀁲􀀧􀁾􀀠heinl, execlltors, administtatoIS, and successors to warrant and forever defelld all and singular the Property to Grantee and Grantee's heirs, executors, acimi:;ni$lrators, successors, and assigns against eve%)' puson whomsoevw lawfully claiming or to claim the same or any part thereoy-,. " 􀀦􀁾􀁅􀁁􀁲􀀺􀁪􀁴􀀲􀀠) JUL-24-2001 11'50 MISCELLANEOUS: (II) Nothing in thi$ instrament shall be construed lIS a waiver by Grantee ofany utility 􀁣􀁏􀁬􀁬􀁉􀁬􀁥􀁾􀁴􀁩􀁄􀁮􀀠􀁾􀁡􀁲􀁧􀁥or other <:harges Unposed by ordillll.llCe or Chart.::, ofthe Town ofAddison. (b) The Prop=:ty hereby conveyed may be used lIS a public right-of-way for !he p: JtIII' these presents grant, .ell and convey to the Town of Addison ereinafter called 0 EE"'IIf.iI' /l\it. Cllualy ef gall'" illllI SlilO lit Tv'f, a. tempor asemen! a.!ld right to pas vcr, along, IlIldcr and aCfossXportio 􀁾"Eltlen:tettt J'ttea") of G OR'S 􀁐􀁴􀁏􀁰􀁥􀁲􀁴􀁹􀀬􀀮􀁷􀁬􀁍􀂷􀁾􀁟􀀢􀀬􀀢􀀢􀁍􀁩􀀢􀀧 􀀢􀀠. . as shown and depicted 0 An aho Ro vewa auac:hed to and im;orpo ated herei for the pUlpose of onsltUcting oadwa .Arapaho Ro s: ' P",""i(. 􀁮􀁏􀁮􀁾􀁥􀀮􀁣􀁥I!..(!" -I rpot"tlnDh GClleral Partner By: Print Name: Print Tille: P.07/09 JUL-24-2001 11:50 P.l:! STATE OF TEXAS § COUNTY OF DALLAS § BEFORE ME, the undersigned nowy public in and for said 􀁾􀁯􀁗􀁜􀁴􀁹􀀠and stare, on this • . __day of • 2001, personally appeared known to ml: to be the identical person who executed the within and foregoing document, and acknowledged to me thaI he executed the same in his authorized capacity, and that by Signature on the insaument, the person, or entity upon behalf or which he aeted, executed t e instrument, for the uses and puxposes therein set forth. GIVEN tfNDER my hand and seal ofoffice the day and year last above written. MY COMMISSION EXPIRES: (SEAL] .. JUL-24-2001 11:50 Insert Provisions Temporary Construction Easement INSERT 1: ("Easement Area I") and Arapaho Road Driveway Exhibit H, attached hereto and incorporated herein ("Easement Area2") (both Easement Area 1and Easement Area 2 shall sometimes be collectively referred to herein as the "Easement Area"), INSERT2; within 30 months followingthe dateofthisTernporaryConstructionEas ement, whichever occurs earlier, The termination ofthe Easement granted hereunder shall in no way relieve Grantee ofits obligation to restore the Easement Area to its former condition, as provided above in the immediately preceding paragraph, INSERT 3: Gfantee's access to and use ofthe Easement Area for the purposes expressly provided hereundershall be undenaken by Gl'antee in a reasonable manner and shall not (i) limit access to the Propeny by Grantor and any occupants thereof (aswell as tbe employees, agents, contractors, customers and invitees ofsame) or (ii) interfere with the business operations conducted by any occupant of the Property, All work performed by Grantee on theEasement Area shall be effected as expeditiouslyaspossible, and Grantee shall not permit any liens to stand against the Easement Area for any work done or materials furnished in connection with the performance of the work described herein, Grantee shall inderonift, defend and hold harmless Grantor from and against any and all liability, claims, damages, expenses, (inciudingreasonable attorneys' fees and reasonable altorneys' fees on any appeal), liens, claims oflien,judgements, proceedings and causes ofaction, arising out oforin any way connected with (i) the performance ofsuch work by Grantee, its contractors, employees, agents or (ii) the use of the Easement Area by Gfantee, its contractors, employees, agents, successors, or assisns, It is expressly understood and agreed that the Easementgranted hereunder is and shallbe non-exclusive, and Gfantor does hereby reserve for itseltland the occupants ofthe j'ropeny (as well as the employees, agents, contractors, CUStomers and invitees ofsame), li)the right to use and enjoy the Easement Area including, but not limited to, therightto use the surface ofthe Easement Area for landscaping and irrigation systems, for the passage ofpedestrian and vehicular traffic and to maintain paving on the surface ofthe Easement Area consistem with such purposes so long as same does not materially interfere with the use of the Easement Area by Grantee and (ii) the right to grant such other easements as Grantor deems desirable 011 the surface orsubsurface oftheEasement Area, provided that such other easements shallnot unreasonably interfere with Grantee's use of the Easement Area" :o.l1u4 .mnn3 \I' 1. 21691$.00062 P.09/09 JUL-24-2001 11:51 The Easement granted herein is not intended and shall not be construed as a gift or dedication to or for the benefit ofthe general public or for any public use or purpose whatsoever, and the parties agree to refrain from and take whatever Steps may be necessary to avoid such dedication. All rights, terms, provisionsand obligations arising hereunderare covenants running with the land, bindinguponand inuringto the benefit ofGrantororGranteeand their respective successors in title. , .. TOTAL P.09 COWLES &THOMPSON A Professional Corporation ATTORNEYS ANO COUNSELORS ANGELA K. WASHINGTON 214.612.2144 AWASHINGiON@COWlESTHOMPSON,COM July 9, 2001 Mr. Steve Chutchian Town of Addison P.O. Box 9010 Addison, TX 75001-9010 RE: ParcellT Arapabo Road Project Phase II Dear Steve: In connection with the above-referenced property, enclosed for the Town's files are the following: 1. Original recorded Right-of-Way Deed; and 2. Original recorded Temporary Constroction Easement. Ifyou have any questions, please give me call. Sincerely, 􀁾J( 􀁾􀀬􀀭􀀭􀀭􀀭􀀢􀀬􀀺􀀺􀀾􀀠AngelaK. W!l§irington '! AKW/yjr Enclosures 90l MAIN STREET SUITE 4000 DALLAS, TEXAS 75202NfO ROAD [Q)A\W1D[Q) 􀀱􀁍􀁉􀀧􀁜􀁦􀁾􀁉􀁩􀀧􀀡􀁩􀁬􀀤􀀠􀀤􀁉􀁬􀀮􀁬􀁊􀁉􀁩􀀧􀀡􀁩􀁬􀁗􀁬􀁾􀀧􀁜􀁦􀀠 A\o@23l LOT BLOCK 4R 1 AElNA UFE INSURANCE COMPANY CAlLED 12.483 ACRES DECEMBER 21, 1982 VOL. 82250, PO. 285 D.R.D.C.T. LOTS 2R. 3R 8c 4R. BLOCK 1 OF BELT LINE-MARSH BUSINESS PARK MAY 3. 1995 VOL. 951 􀁾􀁏􀀬􀀠PG. 03275 D.R.D.C.T, ------REALTY ROAD----VARIABLE R.O,W.S 12'01'05" W N>RIL 17, 197813.12'SEE. DETAIL (CAu.£O S 12'12'01".) VOL. 78155, PG. 0001 D.R.O,C.T. '! III 'f. j1\ III III 1 PARCEL 20 .. 􀁾􀀠A PLAT OF A: '\ , ... 1 0.0978 ACRE (4,262 SQ, FT.) TRACT OF LAND IN THE DAVID MYERS SURVEY NOTES: ASS TRACT NO. 923 TOWN OF ADDISONALL BEARINGS ARE REFERENCED TO THE NORTH RIGHT OF WAY, DALLAS COUNTY, TE XASLINE or CENlURION WAY. CALLED S 89'51'55' E. ACCORDING TO THE FINAL PLAT or LOT 3. SURVEYOR ADDIllON, RECORDED IN .. VOL 77173. PAGE 135. D.RD.C,T. 100 0 50 100 200 I 􀁾􀁾􀁾􀀬􀀭􀁾..􀁾􀀡􀁾􀁾􀀡....􀁾􀀡A LEGAL DESCRIP'TlON OF EVEN SURVEY DATE HEREWITH ACCOMPANIES THIS PLAT, GRAPHIC SCALE 1 INCH = 100 FT. TEMPORARY CONSTRUCTION EASEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF DALLAS § THAT AMB PROPERTY II, L.P., a limited partnership, organized and existing under the laws of the State of Texas, hereinafter called GRANTOR of the County of Dallas, State of Texas, for and in consideration of the sum of ONE DOLLAR ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does by these presents grant, sell and convey to the Town of Addison, hereinafter called GRANTEE of the County of Dallas and State of Texas, a temporary easement and right to pass over, along, under and across a portion (the "Easement Area") ofGRANTOR'S property, which easement and right of passage is located as shown and depicted on Arapaho Road Driveway Exhibit G, attached to and incorporated herein, for the purpose of constructing a roadway to be known as Arapaho Road. This temporary construction easement shall only be used by GRANTEE and its contractors in connection with the construction ofa public right-of-way adjacent to the Easement Area. GRANTEE shall restore the Easement Area to the condition that existed before the construction of the roadway. This temporary easement shall terminate 24 months from the date of the Notice to Proceed with construction under the construction contract for the roadway adjacent to the easement Area, or upon completion of the construction of the portion of the roadway adjacent to the Easement Area, whichever is earlier. TO HAVE AND TO HOLD unto the Town of Addison, Texas as aforesaid, for the purposes and on the conditions set forth hereinabove, the easement and Easement Area described above. Grantor binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and defend all and singular the Easement Area to Grantee 􀁦􀁏􀁉􀁾􀁴􀁨􀁥􀀠duration and purposes set out herein a§ainst every person whomsoever lawfully claiming or to claim the same or any part thereof. '1 EXECUTED this ____day of________, 2001. GRANTOR AMB PROPERTY II, L.P. By General Partner By: Print Name: Print Title: TEMPORARY CONSTRUCTION EASEMENT -AMB PAGEl STATE OF TEXAS § COUNTY OF DALLAS § BEFORE ME, the undersigned notary public in and for said county and state, on this ___ day of ,2001, personally appeared , known to me to be the identical person who executed the within and foregoing document, and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or entity upon behalf of which he acted, executed the instrument, for the uses and purposes therein set forth. GIVEN UNDER my hand and seal of office the day and year last above written. MY COMMISSION EXPIRES: [SEAL] TEMPORARY CONSTRUCTION EASEMENT -AMB PAGEl DocUl'l'lmI' THE SW CORNER Of THE TEMPORARY 􀁏􀁾􀁔􀁃􀁅; CONSTRUCTION EASEMENT IS LOCATED "Ii '13.01'NORTH AND 1.85' EAST OF THE SE ILl/_____ _---:...... r _-_' _ _ _ CORNER Of THE AMB PROPER TIES lit LP. : 􀁾􀁾􀁾􀁔􀁙􀀮􀀠􀁾􀀠􀁾􀀠ARAPN iO ROAD = -J: 􀁾􀁾􀁉􀀷􀁾􀁲􀀭􀀭.,/ARAPAHO ROADcD \YbJAl.l.AS. TEXAS 1S11)2.l79]􀁏􀁁􀁬􀁾􀁁􀁓􀀠T V l E Q McKINNEV 􀁯􀀭􀁾􀁉􀀾􀁊􀁬􀁕􀁓􀀠TEL 214.612.200Q FAX 2H.612.2020 JUN-26-2BB1 16:00 COWLES & THOMPSON 2146722B20 r 􀁰􀁾􀀻􀀠Ar.apaho 1lAA4s W'I!!OD. TX ___9,+4*1 & 􀀮􀁏􀁄􀁾􀁏􀀠SS;".pav!d Myern Sy .. Aba;.";'· Town of 1444;00. 􀁏􀁾􀁬􀁬􀁡􀁡􀀠Opupeyj !.'tUne :U, 2001 IW)'ItI" 19m of AdsSi,M Place of CH»'n; .all 􀁄􀁯􀁵􀁧􀁾􀀮􀀻􀁴􀀠A,vtnuo, SUit". 1.:lO! Palle" bX 􀀢􀁊􀀵􀀲􀁾􀀵􀀠􀁙􀁥􀁸􀁴􀁥􀁲􀀭􀁆􀀮􀁴􀁾􀀠Title 􀁃􀁯􀀽􀁰􀁾􀀠CI!l\Ml1s 1'0 liunR Ooctant pr.ptratfcll to '.'r I W.-ttl, P.tu.u...H .......Udu.............. _______ T11:\. a,..ura/'lC:. to 􀁴􀁦􀁬􀀢􀁾􀂷􀀧􀀮􀀧􀁲􀀠Tttt.e 􀁃􀁇􀁾......... u .... !.Z'!·2l/uu...............s ____ ...•• 􀁮􀁾􀁃􀀴􀁘􀁉􀁭􀀵􀀮􀀵􀁄􀀠co Dlvld L... JII.fr COCJrlllf"'''' tQ" If_f.,...'.'"fltl. 􀁣􀁾􀀮􀀢..........􀁾􀁮..u'"•• U ......u ••s ..... ____􀀮􀀮􀀮􀁩􀀲􀁬􀀡􀀢􀁾􀀰􀀲􀁬􀀡􀁏􀀠 Escrn ftc to' 􀁦􀁉􀀢􀀧􀁴􀀧􀁉􀀢􀁾􀁆􀀮􀁦􀁲􀀠llf'e 􀁃􀁩􀁾􀁉􀁉􀀧􀀡􀁙•• ul•• 􀁾......... 􀁾.. , ...............􀁾􀀠•••••n •• _______ 'AIC Cal""'ttff.c;at•• to Iht"tv-,.f,. l(tt. Can!pf:1'1.............H .............s _____'l.'i."...SUS •• U C¥.rniiJ/lt O.li...tt •• Hc:tr:t.r.."t, ,ftl_ flIIIp.",.................................. _______ ...tf'letlN!UtollW't CIlJI'" ta Ktlu.,...r.lr lhle Ccrlipny••􀀧􀁾....""'''h'''U''. _____􀁾􀁩􀀡􀁯􀀱􀀡􀀮􀀮􀁣••!2001 GRANTOR! LINCOLN TRUST COMPANY C!J('1"of)(IIN FEO Dr. Howard Miller Lincoln Trust Company P.O. Box 5831, TA Denver, CO 80217 GRAA'TEE: Town ofAddison, Texas 5300 Belt Line Road Addison, TX 75001 (Dalla.'! County, Texas) CONSIDERATIONI THIRTY-FIVE THOUSAND EIGHlllEN lJOU-ARS AND 50/100 ($35,018.50). in hand paid by Grantee, the receipt and suffioienoy of which is acknowledgc:d by Grantor. PROPERTY (INCLUDING ANY IMPROVEMENTS): Two tracts of land, herein referred to as Parcels 17-1 and 17-2, together containing approximately 6,367 square feet of land. and more particularly described in Exhihit A-I, Parcel 17-1 (Field Note lJescription), and Exhjbit A.2, 􀁐􀁡􀁲􀁾􀁬􀀠17-2 (Ficld Note Description), and depicted on Exhibit B (Survey Depiction), all of which are attached hereto and incorporated herein by reference. 1 􀁃􀁏􀁾􀀢􀁖􀁅􀁙􀁁􀁬􀁩􀁃􀁅􀀺􀀠'! . ,known to me to be:the identioal person who executed the within and Going document. and acknowledged UI me that he eX1:lCU!ed the same in his authorized oapaoity. and that by his signature on the"!inatrmnent, the person, or entity upon behalf of which he acted, executed the. instrument, for the uses and purposes therein Bet forth. SANDRA RO'{NON NOTARY PUBLIC STATE OF COLORADO [SEAL] wARRANT1' DEED -Page Z 05-2Hl 12:42P11 FROM CAMPBELL COMPANIES r04 .eXfft8fT A-I Parcel 17-1 Field Note Description Arapaho Road project Town of Addison Dallas County, Texas BEING a description of aD. 1411 acre (6,147 square foot) tract of land situated in the David Myers Survey, Abstract Number 923, Town of Addison, Dallas county, Texas, and being a portion of a called 7.728 acre tract of land conveyed to Lincoln Trusc company custodian fBO: Dr. Howard Miller on february 2, 1996 and recorded in Volume 96035, Page 0384 of the Deed Records of Dallas County, Texas, also being out of Lot 3R, Block 1 of "Lots 2R, 3R &. 4R, Block 1 of Selt Line-Marsh Business Park", an addition to the Town of Addison, as evidenced by the plat dated May 3, 1995 and recorded in Volume 95100, Page 03275 of said Deed Records, s·aid 0.1411 acre tract of land being more particularly described by metes and bounds as follows; l3EGINNJ:NG at a 5/8 inch iron rod set ·in the common E:ast line of said called 7.728 􀁡􀁣􀁲􀁾􀀠tract and West line of a called 5.65 acre tract of land conveyed to Dallas Power & Light Company on January 2, 1957,' and ·recorded in Volume 4632, Page 398 of said Deed· Records, said point being the common· Northeast corner of said Lot 3R and Southeast ccrner of a called 0.7313 acre right of way dedication for Arapaho Road as shown of said plat of "Lots 2R, 3R & 4R, Block 1 of Belt Line-Marsh Business Park"; THENCE, SOUTH 00'06'18" EAST (called South 00'04'38" West), along 􀁾􀁨􀁥􀀠common East lines of said called 7.728 acre 􀁾􀁲􀁡􀁣􀁴􀀠and said Lot 3R and West line of said called 5.65 acre tract, a distance of 47.77 feet to a 5/8 inch iron rod set in a curve of the proposed SOUch right of way line of Arapaho Road; THENCE ,NORTHWESTERLY, departing said common tine and along the proposed South right of way line of Arapaho 􀁾􀁡􀁤􀀠and along the arc of 􀁾􀀠non-tangent curve to the righc having a radius of 890.00 ieet, a oentral angle of 3'57'30", a chord bearing North 80'25'45 West for 61.48 feet, for an arc distance of 61.49 feec cO a 5/8 inch iron rod sec for the point of cangency of said curve; THENCE, NORTH 78'27'00" WEST, continuing along the proposed South right of way of Arapaho Road, a distance of 216.94 feet to a 5/8 inch iron rod set in a curve of the common North line of said Lot 3R and existing South right of way line of said Arapaho Road (84 feet wide); 􀁐􀁾􀁧􀁑􀀠l of 2 􀀯􀁾􀀠 05-2Y-Ol 12:42PM FROM CAMPBELL COMPANIES P05 PARCEL 17-1 -􀁁􀁾􀁐􀁁􀁈􀁏􀀠ROAD PROJECT THENCE, 􀁅􀁾􀁓􀁔􀁾􀁒􀁌􀁙􀀬􀀠departing said line and along the common North line of said Lot 3R and eXisting South right of way line of said Arapaho Road and along the arc of a non-tangent curve to the left, having a radius of 1042.00 feet, I! central angle of 6'20' 50", a chord bearing South 86·55' 53 East for 115.37 fee'!:, for an arc dist.ance of 115.43 feet to a S/S inch iron rod set for the point of tangency of said curve; THENCE, NORTH 89'53'42" EAST (called North 89°55'22" West), continuing along said oommon line, a distance of l5?a? feet to the 􀁐􀁏􀁉􀁎􀁾􀀠or BEGrRNrKG; CONTAINING an area of 0.1411 acres or 6,147 square feet of land within the metea reCited. An additional 24 foo\: parallel to and South Of the proposed South Right of Way line of Arapaho Road will be required as a temporary construction easement and will eKpire upon completion of the 􀁣􀁯􀁮􀁳􀁴􀁲􀁾􀁣􀁴􀁩􀁯􀁮􀀠project. All bearin<;ls are referenced to the North aight of Way line of Centurion way, called S 69°51'55" E, "according to the final plat of Lot 3, Surveyor Addition, recorded in Vol. 77173, Page 135, Deed Records of Dallas County, TeKas. A plat of even survey date herewith .;!.ccompanies this description. I, Ayub R. Sandhu, a aegistered Professional Land Surveyor, hereby certify that the legal description hereon and the accompanying plat represent an actual survey made on the "ground under my 􀁳􀁵􀁰􀁥􀁲􀁶􀁾􀁳􀁩􀁯􀁮􀀮􀀠􀁾􀁾􀀽􀁐􀁏􀀠1/-It<-'l"1A:UE:i. !andhu, R.P.L.S. Texas Registration No. 2910 Page 2 of Z 05-29-0l l2:42PM FROM CAMPBELL COf4PANIES POG £XHf81'r ,4-2. Parcel 17-2 Field Note Description Arapaho Road Project Town of Addison Dallas County, Texas BEING a description of a 0.0050 acre (220 square foot) tract of land situated in the David Myers Survey, Abstract Number 923, Town of Addison, Dallas county, "exas, and being a portion of a called 7.729 acre tract of land conveyed to Lincoln Trust Company Custodian :BO: Dr. Howard Miller on :ebruary 2, 1996 and recorded in Volume 96035, Page 0384 of the Deed Records of Dallas County, Texas, 1011'0 being out of Lot 3R, Block 1 of "Lots 2R, 3:1< & 41'<, Elock 1 of B"lt Line-Marsh EiulSiness Park", an addition 1:0 the Town of Addison, as eVid.enced' by the plat dated May 3, 1995 and ;rGco..-ded in Volume 95100, l?a<;Te 03275 of said Deed Records, said 0.0050 acre tract of land being more particularly described by metes and bounds as follows; BEGINNING: at a '5/9 inch iron rod set in the common West line of said called 7.729 acre tract and East right of way line of Commercial Drive as dedicated by Beltline-Ma..-sh Business I?ar k, an addition to the Town of Addison, as evidenced by the plat dated April 17, 1976 and recorded ir. Volume 7B155, I?age 0001 of said Deed Records, said point being the common Northwest corner of said Lot 3R ",nd most Southerly Southwest corner of a called 0.7313 acre right of way dedioation for Arapaho Road as shown on said plat 9f "Lots 2Rt 31< & 41\, 1310ck 1 of Belt Line-Marsh Business I?a;rk"; THENCE, EASTERLY, along the common North line of said Lot 3R and ",xis1:1ng South right of way line of said Arapaho Roa.d (84 fQet w:!.de) and along the arc of a non-tar.gent curve to the left having a radius of 1042.00 feet, " central angle of 1"11'14", a chord !:>ea..-ing South 81"11' 24" East for 21.59lfeet, for an arc distance of 21.59 feet to a SIS inch iron rod set in the proposed4South right of way line of Arapaho Road: "! THENCE, SOUTH 50" 47' 40" WEST, departing -said common line and along the proposed South ri9ht of way line of 1\rapaho Road, a distanoe of 27.4S feet to a 5/8 inch iron rod set in the common West linas of lIaid called 7.728 acre tract and said Lot 3R and East right of way line of said Commercial Drive [60 feet wide); If 05-29-01 12:42P)'{ FROM CAMPBELL COMPANIES PC, PARCEL 17-2 -ARAPAHO ROAD PROJECT THENCE, NORTH 00·06'18 WEST (Callea Nort.h 00"04'38" East), departin9 said line and along 'the cornman West. lines of "aid called 7.728 acre t.ract and said Lot 3R and East right of way line of said Comme:cclal Drive, a distance of 20. 6S feet to the 􀁐􀁏􀁉􀁈􀁾􀀠OF 􀁂􀁂􀁑􀁾􀁇􀀻􀀠CONTAINING an area of 0.0050 acres or 220 square feet of land within the metes recited. All bearings are referenced to the North Riqht of Way line of Centurion Way, oalled S 89"51'55" E, according 1::0 the final plat of Lot 3, Surveyor Addition, rec:o..ded in Vol. 7717:3, Page 135, Deed Records of Dallas County, Texas. A plat. of even survey date herewith accompanies this description. 1, Ayub R. Sandhu, a· Registered ProfeSSional Land 􀁓􀁾􀁲􀁶􀁥􀁹􀁯􀁲􀀬􀀠hareby certify that the legal description hereon and the accompanying plat represent an a<;;1;.ual· survey made on the' ..round under my supervision. . A:YbR. Sandhu, R.P.L.S. 􀁔􀁥􀁸􀁡􀁾􀀠Registration No. 2910 Page :2 of 2 􀀬􀁾􀀠􀁾􀀮􀀠􀁾􀀠􀁾􀀠􀁾􀀠􀁾􀀠􀁾􀀠􀁾􀀠tl 􀁾􀀠"" '"I::: 􀁉􀁾􀀠 IJ: 􀁉􀁾􀀠 I:' EXHIBIT "e" DAVDI!il Hll!R8 S.VIl!W .14.-923 ... 􀁾􀀠􀁾_ IS" 􀁾􀀠-+ARAPAIIO RQAl) CAiJ.£D 0.7113 IIAY.!, ,_ VI1I.. 85100. PO. 􀁾􀀷􀀳􀀠􀁾􀀠 Il.Rll.c.r.. I 􀁾􀀢􀀢􀀧􀁯PARCEL 17-2 􀁾􀀠(c.w£O ..........) P.O B. dJ 􀁾􀀠 II 118'1;;Nt' E _ 􀀱􀁾􀀷􀀮􀀱􀀷􀁴􀀾􀀠.....􀁾􀁾􀀮􀁃􀀮􀀠􀁾__ • I f3ru' !!;! 15 ..§ ... 􀁾􀁉􀁴.. 􀁾􀀠cd .. cJ 1: 􀁾􀀠􀀢􀀡􀀺􀀺􀀺􀁦􀁾􀀠lOts􀁉􀁾􀀺􀁤􀀠. 􀁾􀁹􀀠I VOl.. NO,'I5, PO. OJUr ,/DAo.C;J. A PLAT 0> " 0.1411 􀀢􀁲􀁮􀁾􀀧􀁬􀀴􀀷􀀠SQ. FT.) 1<01'£5: 0.0050 ACRE (220 SQ. FT.) TRACTS OF lANDAll USEUEI-lIS SHOWN AIlE TNIE SURVEl'IlR DIll NOT ABSTRAcr !HE SUBJECT IN lHE DAYID M\'ERS SURVEY f'R()PERTY $0 All EASEUENTS ...., NOI lIE SHO'IN. "asTRIICT NO. 923 TQWN Of AilOISOOAll SENliNGS AlI£ Il£IER€NCEO 1lJ !HE NOR'Ill AlCliT 􀁾􀀠WAY DM.J.AS COUNTY, TEXASUNE Cif CE"lURIO>l WAY, CNUD S '.'!II'SO" E, Aw:fl: I...... Of. 􀁾􀀠􀁉􀁢􀁾􀁾􀀠: • 􀁾􀁯􀁲􀀠3R 2R. :JR It 4ft • BlOCK 'I OF B£(..T uNE-WoRSH BUSINESS PAll!< J. 1995 VOl.. 95100. PC. 􀁾􀀳􀀲􀀷􀀵􀀠D.RD.C.r. CllUO 7.128 M:.. 􀁾1RU$T OOIII'AIO'am_1BO: Ilft. HDI'NiII 1jD.1£RFPI. 2, 18N .R'/'j [ I •I;I . P"RCEL 17-1 I< 17-2 ,J J: 100 􀁾􀁾􀁎􀁾􀁾􀀭􀀭􀁥􀀭􀀺􀀭􀀭􀀭􀀭􀀭􀀭􀁾􀁾􀁾􀁾􀁾􀁃􀁾􀂷􀀭􀁾􀀭􀀭􀀭􀀭􀀭􀀭􀀭1'10U \%'1.\')(.\ 21'f321􀁾􀁅STAMPED COpy I 􀁾􀁾􀀠4z. '"to 0' ;; JUN 􀁾􀁑􀁬􀁬􀁬􀀠q TE.I\1PORARY CONSTRUCTION EASEMENT..". {-f") 􀁾􀀠􀁑􀁬􀀼􀀡􀁇􀀢􀁾􀁬􀁬􀀺􀀬􀀱􀀨􀀵􀁣􀁾􀀠􀁾􀀠"" CJv Ri fJ\?L . 􀁊􀀧􀁾􀀠RKCCIJiifY ct.f og,\'ia& Coun'l.Y.:r8$lS .t:; STATE OF TEXAS § , known to me to be the identical penon who executed the within and foregoing document, and acknowUodgcd to me tha.t he executed the .amc in his authorized capllCity, and that by his signature on the instrument, the person, or entity upon behalf of which he acted, executed the , instrument. for the uses and purposes therein set forth. GIVEN UNDER my hand and seal ofoffice the day and year last above written, MY COMMISSION :EXPIRES: SANDRA ROYNON NOTARY PUBLIC (SEAL] STATE OF COlORADO 􀀬􀁾􀀢􀀭􀁾􀀢........ ,,, ... 􀀢􀁾􀁾􀀺􀀺􀀬􀀢􀀢􀀢􀀧􀀧􀀧􀀧􀀧􀀧􀀧􀀧􀀧􀀧􀀧􀀠 􀀰􀀵􀀭􀀲􀁾􀀭􀁏􀁬􀀠􀀱􀀲􀀺􀀴􀀲􀁾􀁍􀀠FROM CAMPBELL COMPANIES Parael 17-TE rie1d Note Description Tempo:ary 􀁃􀁯􀁮􀁳􀁴􀁲􀁵􀁣􀁾􀀱􀁯� �􀀠Easement Arapaho Road Project Town of Addison Pallas 􀁃􀁯􀁾􀁮􀁴􀁹􀀬􀀠Texas BEING a description of /I 0.0970 acre ('1,2.24 square foot) tract of land situated in the David Myers Survey, Abstract Number 923, Town of Addison, Dallas County, Texas, and being a portion of a called i.i.2B acre tract of land conveyed to Lincoln Trust Company Custodian FBO: Dr. Howard Miller on 􀁾􀁥􀁢􀁲􀁵􀁡􀁲􀁹􀀠2, 1996 and recorded in 􀁖􀁯􀁬􀁾􀁭􀁥􀀠96035, Page 03e4 of the Deed Records of Dallas County, Texas, also being out of Lot 31'(, alack 1 of "Lots 2R, 3R & 4R, Block 1 of Belt Line-Marsh l:!usiness Park". an addition to the Town of Addison, as evicienced by the plat dated May 3, 1995 and recorded in Volume 95100, Page D3275 of said Deed Records, said 0.0970 acre tract of land being more particularly described by metes and bounds as follows; COMMENCING at a 5/8 inch iron rod set in the common East line of said called 7.728 acre tract and West line of a called 5.65 acre tract of land conveyed to Dallas Power <, Light Company on January 2. 1957, and recorded in Volume 4632, Page 398 of said Oeeci Recorda, said p<:>int being the common Northeast corner of " .. id Lot 3R and Southeast corner of a called 0.7313 acre right of way dedication for Arapaho Road aa shown of ..aid plat of "Lots 21\, 3R /; 4R, Block 1 of Belt Line-Marsh Business E'ar""; THENCE, SOUTH OO·06'le" EAST (called South DO·04'38" West), along the common East lines of said called 7.728 acre tract and said Lot 3R and West line of said called 5.65 acre tract, a distance of 47.77 feet to a 5/8 inch iron rod set in a curve of the proposed South right of way line of Arapaho Road for t:he Northeasc corner and POINT or BEGlNNZNG of 􀁴􀁾􀀠herein described tract; ..;.., THENCE:, 'SOUTH 00·06'18" EAST (called South 00'04'38" West), continuing along saici common line, a distance of 24.21 feet to the Southeast corner of the herein described tract; THENCE, NORTH 􀀷􀀴􀂷􀀳􀀷􀀧􀀱􀀰􀁾􀀠WEST, departing said common line, a distance of 173.78 feet to an angle point; THENCE, NORTH 76"27'00" WEST, a distance of 109.31 feet to an angle point} Pall''' 1 of 3 05-29-01 l2 mM FROM CAMPBELL COMPANIES PARCEL 17-TE -ARAPAHO ROAD PROJECT THENCE, NORTH 82·31' Oil" WES'!' , a distance of 45.04 feet 'to a point in a proposed cutbaok corner 􀀡􀁯􀁣􀁡􀁴􀁾􀁤􀀮􀀠at: t:he Southeast intersection of said Arapaho Road with Commercia! Drive (60 feet wide) as dedicated by Beltline-Marsh BUsiness Park, an addition to the Town of Addison, as evidenced by the p!at: dated April 17, 1978 and recorded in Volume 78155, Page 0001 of said Deed 􀁾􀁥􀁣􀁯􀁲􀁤􀁳􀀻􀀠'!'HENCZ, 􀁎􀁏􀁾􀁔􀁈􀀠50·47'40" EAST, along said proposed o:utbac:k corner, a distance of 13.52 feet to a point in in a ourve of the common North line of :said. Lot 3R and existing South right of way line of said, Arapaho Road (84 feet wide); THENCE, EASTERLY, departing said line and along the oommon North line of said Lot 3R and existing South right of way line of said Arapaho Road 'and along the arc of a non-tangent curve to the left, having a radiu$ of 1042.00 feet, a central angle of 1"58'27", a chord bearing South S:2°46'l5 Ea.!!Ea.!!t for 35.;;;0 feet:, for an arc distance of 35.90 feet to 'a 5/8 inch '1ron rod set in the proposed, South Right of Way line of Arapaho Road; THENCE; SOUTH 78'27'00" EAST, along said proposed South right of way of Arapaho Road, a d;i..stance of 216.94 feet to a SIS inch iron rod set for the beginning of a curve to the left; THENCE, SOUTHEASTERLY, continuing along said proposed South r1ght of way line of Arapaho Road and along the arc of said curve to the left having a radius Of B90.00-feet, a central angle of 3·57'30", a,chord bearing South 80'25'45 East for 61.48 feet, for an arc distanOe of 61.49 feet to the POINT ov :Bl!:r;nm::tNG, CONTAINING an area of 0.0970 􀁡􀁣􀁾􀁥􀁳􀀠or 4,224 siuare feet of land within the metes recit:ed...,'7 Pall" 2 of 3 05-29-01 12:42PM FROM CAMPSRLL COMPANIES Pl2 PARCEL 17-TE -ARAPAHO ROAD FROJECT All bearings are referenced to the North Right of Way line of centurion Way, called S 89·51'55" E, acoording to the final plat of Lot 3, Surveyor Addition, recorded in VoL 77173. Page 135. Deed Records of 􀁄􀁾􀁬􀁬􀁡􀁳􀀠County, Texas. A plat: of even survey date 􀁨􀁥􀁲􀁥􀁷􀁩􀁾􀁨􀀠accompanies this description. I, Ayub R. Sandhu, a Re;lstered Professional Land Surveyor, hereby certify that the legal description hereon and the accompanying plat represent an actual survey made on the ground under my supervision. 􀁾,(, d$-... Ad .4/::!;2,-'?t AbR. Sandhu, R.I?L.S. . Texas Registration No. 2910 ,.. ..; "1 Palle 3 of 3 􀁾􀀠;/;1 :! : I I II 􀁾􀀠 I Oil 􀁉􀁾􀀠:3 􀁾􀀠\ 􀁾􀀠􀀬􀁾􀀠􀁉􀁾􀀠􀁜􀁾􀀠 1= 􀁉􀁾•􀁉􀁾􀀠( ,","""" "It EXHIBIT "9" IIUl.m HYERS SlMV!!!Y 􀁾􀀱􀁊􀀢􀀢􀀢􀀬􀁯􀁜􀁉􀁩􀁯􀁾􀀠A-I:II3J ...,..., IIW'AHO /IOAI) CAlUO 0.731'" MAY 3. IQIl6IiIIl. 1151GQ, PG. o:sm; DaD.c.T. + 􀁾􀀧"JII "j! I!EMP. OCWSI1!UClItl< ESIt! /􀁎􀁾􀀮􀀿􀀧􀀮􀁏􀀢􀁬􀁉􀀧􀀠_ 􀁾􀀠. ,/k , ,• tOTJIl LOTS 2ft. JR .. --'{fi DRIVEWAY EXHIBIT G,...'" TCE LOCATION MAP 􀁾'"N N.T.S. '" ---0L-_________________________________-L____ _______________________-J c '" " ')i L o AMB PROPERTIES II. L.P. 'fJ','0, i:5',,, DRIVEWAY EASEMENT AREA '" 883 SF '" 0.0203 AC. 􀁾􀀠ARAPAHO ROAD 22+00--1--------L􀀭􀀭􀀭􀀭􀀭􀁾􀀭􀀭􀀭􀀭􀀭''';"1 I, I , , I, , • I : SCALE: 1"=20' I • 'L1NCOLN TRUST COMPANY1 CUSTODIAN 23+00------/---_. 􀁾􀀠􀁾􀀽􀁟􀀠􀁏􀀺􀁟􀁾􀁵􀀠 " ;1-'. '1! ARAPAHO ROAD 􀁴􀁲􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀁾􀁾􀁾􀁾􀀭􀀭􀀭􀀭􀁾􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀬SE CORNER THE SW CORNER OF THE TEMPORARY CONSTRUCTION EASEMENT IS LOCATED 13.01' NORTH AND 1.85' EAST OF THE SE CORNER OF THE AMB PROPERTIES II, L.P. PROPERTY. :J: -' 􀁾􀁾l7 (-----􀁾􀀠:og (fl I'􀁾􀀠􀁾􀀠TCE LOCATION MAP 􀀵􀁾____________________􀁾􀁟./ft'\ N.T.S. (''.., ! ,.; ASSOCIATES ARAPAHO ROAD DRIVEWAY EXHIBIT H SET RR SPIKE IN ROCK FOUND. ALUMINUM OlSK ----c-c=-----::-:-:=:;;:;;,/5------------N77"58'55"W -434.16' (CALLED N77'47'S9'W) P.O.B. CALLED 3.876 AC. I A, LEE PFLUGER CHILDREN'S TRUST I' VOL 95134, PG. 2868 D.R.D.C.T. ,"')" \ ';J 1y...' \'...U NOTES: DETAIL • 􀁾􀀠ii VOL 98157, PG. 05195 r;.:; ';, v 􀁾􀁖􀀭􀁖􀀭􀀧􀀭􀀧􀀠􀁶􀁾􀀢􀀢􀀢􀀧􀀭􀀬􀀠D.R.D,C.T. t:r , I :/£;=,,'=. 􀁾􀀿􀀺􀁾􀀺􀀺􀀺􀁝􀁾􀀻􀀭􀁌􀁓􀁾� �􀀻􀁾􀀧􀀻􀀠􀁾􀁾􀁾􀁾􀁾􀁬􀀴􀁾􀁾􀀺􀀴._"-'-1.. S 􀀸􀀲􀁾􀀧􀁬􀁲􀀠􀁾􀀠)"1 S78'26'42"1t 􀀭􀀧􀀧􀀱􀁾􀀭􀀧􀁾·440.43 r . \ 􀁾􀁾􀁲􀀠! I 􀀢􀀬􀀬􀀢􀀬􀀬􀁾􀀬􀀭􀀭􀀬􀀭􀀢􀁾􀀧􀀧􀀧􀀭􀀧􀁎􀀷􀀱􀀧􀀶􀀸􀁾􀀵􀀵􀂷􀁗􀀠-􀀴􀀳􀀴􀀮􀀱􀁴􀁩 􀀢􀂷􀀭􀀭􀀭􀀧􀁾􀁾􀁟􀀭􀀢􀀢􀀠PROPOSED ARAPAHO ROAD (CAllED N77'47'S9'W) DENOTES A fOUND POINT AS INDICATED DENOTES A 5/8" IRON ROD SET --PROPOSED RIGHT OF WAY UNE • • 􀁾􀁾􀀱􀀩􀁧􀀸􀁾􀀠􀁉􀁍􀁉􀁗􀁾􀀠􀁾􀁬􀁬� �􀁉􀁬􀁦􀁩􀁬􀁬􀀩􀁧􀁾􀁗􀀠􀁾􀁾􀀠AIOlNA UFE INSURANCE COMPANY CALLED 12.463 ACRES DECEMBER 21. 1982 LOT 4R BLOCK 1 VOL 82250, PG. 285 D.R.D.C.T. LOTS 2f; 3R & 4R, BLOCK 1 OF BELT lME-tAARSH BUSINESS PARK .fIIIAY 3, 1995 C' va.. 95100, PG, 03275 '"j [)_R.O,C,T, 100 o 50 100 t-w, , , (GRAPHIC SCAlE 1 INCH = 100 FT. 200 ! , .. • Couneil Agenda Item: 􀁓􀁕􀁍􀁍􀁁􀁒􀁙􀀺􀁲􀁾􀀠. Arapaho 􀁒􀁯􀁡􀁤􀁒􀁐􀁴􀀮􀁯􀁦􀀭􀁾􀁡􀁹􀀠acquisition from Lot I, Block I, Belt Line-Marsh Business Park· 'r !P ... FINANCIAL IMPACT: Budgeted Amount: Not Budgeted Cost: $21,310.00 Budget Impact: /Funds are available for right-of-way acquisition in Arapaho Road, 􀁾􀁴􀁐􀁊􀀻􀀠Phase 111111, Project No. 83300. . 'L, P0 1-0 BACKGROUND: Su.-􀁾􀁾􀀮􀀠In coI!iunction with the proposed cousttuction ofPhase II ofArapaho Road, from Marsh Lane to Surveyor Blvd., acquisition ofnecessary right-ot1way is underway. Through negotiation with AMB Property II, L.P., staffhas reac a tentative agreement for a feesimple taking ofa permanent parcel ofright-of.way, con' . g 4,262 square feet ofland, ,...at a unit price offive dollars ($5.00) per square foot. The total cost ofthis acquisition is $21,310.00. In addition, two temporary driveway easements, with a total area of2,558 square feet, are also included and cousidered subsidiary to the total cost of h the fee-simple acquisition. 􀁾􀁾•.i N DRIVEWAY EXHIBIT G ". 􀁑􀁾􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭 􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀁾􀀠 Parcel 20 Field Note Description Arapaho Road Project Town of Addison Dallas County, Texas BEING a description of a 0.0978 acre (4,262 square foot) tract of land situated in the David Myers Survey, Abstract Number 923, Town of Addison, Dallas County, Texas, and being a portion of a called 5.4319 acre tract of land conveyed to AMB Property II, L. P., by the deed dated July 31, 1998 and recorded in Volume 98157, Page 05195 of the Deed Records of Dallas County, Texas, said called 5.4319 acre tract being all of ftLot I, Block 1, Belt Line-Marsh Business Park", an addition to the Town of Addison, as evidenced by the plat dated January 10, 1983 and recorded in Volume 83042, Page 0425 of said Deed Records, said 0.0978 acre tract of land being more particularly described by metes and bounds as follows: BEGINNING at an aluminum disk found at the common Southeast corner of said called 5.4319 acre tract, Southwest corner of "Lots 2R, 3R, & 4R, BLOCK 1 of Belt Line-Marsh Business Park", an addition to the Town of Addison as evidenced by the plat dated May 3, 1995 and recorded in Volume 95100, Page 03275 of said Deed Records, and Southwest corner of a tract of land dedicated for Right of Way of Realty Road by said plat of "Lots 2R, 3R, & 4R, BLOCK 1 of Belt Line-Marsh Business Park", said point being in the North Right of Way line of Realty Road (60 feet wide) as dedicated by the plat of Belt Line-Marsh Business Park, an addition to the Town of Addison, as evidenced by the plat dated April 17, 1978 and recorded in Volume 78155, Page 0001 of said Deed Records; 1 THENCE, NqRTH 77'58' 55" WEST, (Called NORTH 77'47' 59" WEST), along the1bommon South line of said called 5.4319 acre tract and North Right of Way line of said Realty Road, a distance of 434.16 feet to a 5/8 inch iron rod set in the proposed North Right of Way line of Arapaho Road; THENCE, SOUTH 82·22'10" EAST, departing said line and along the proposed North Right of Way line of Arapaho Road, a distance of 140.43 feet to a "PK" Nail set in saw joint for an angle point; Page 1 of 2 PARCEL 20 -ARAPAHO ROAD PROJECT THENCE, SOUTH 78°26'42" EAST, continuing along the proposed North Right of Way line of Arapaho Road, a distance of 294.16 feet to a RR Spike set in rock for the common East line of said called 5.4319 acre tract, West line of Lot 4R of said "Lots 2R, 3R, & 4R, BLOCK 1 of Belt Line-Marsh Business Park", and West line of that called 12.463 acre tract of land conveyed to Aetna Li Insurance Company by the deed dated December 21, 1982 and recorded in Volume 82250, Page 285 of said Deed Records; THENCE, SOUTH 12°01'05" WEST, (Called SOUTH 12°12'01" WEST), departing said proposed North Right of Way line of Arapaho Road, along said common line, passing at a distance of 1.12 feet the common Southwest corners of said Lot 4R and said called 12.463 acre tract and Northwest corner of said Right of Way dedication, continuing along the common East line of said called 5.4319 acre tract and West lines of said Right of Way dedication and said "Lots 2R, 3R, & 4R, BLOCK 1 of Belt Line-Marsh Business 􀁐􀁡􀁲􀁾􀀬􀀠for a total distance of 13.12 feet to the POINT OF BEGINNING; CONTAINING an area of 0.0978 acres or 4,262 square feet of land \oJithin the metes recited. All bearings are referenced to the North Right of Way line of Centurion Way, called S 89°51'55" E, according to the final plat of Lot 3, Surveyor Addition, recorded in Vol. 77173, Page 135, Deed Records of Dallas County, Texas. A plat of even survey date herewith accompanies this description. I, Ayub R. Sandhu, a Registered professionll Land Surveyor, hereby certify that the legal description hereon and the 􀁡􀁣􀁣􀁯􀁭􀁰􀁡􀁮􀁹􀁾􀁧􀀠plat represent an actual survey made on the ground under my supervision. 􀁾It.. 􀁾􀁟3-.:z;(-PAHO ROAD NW CORNER OF TCE A----\-. --.,..-.---, 578'06'45"E 309.51' ARAPAHO ROAD W '" 􀁾􀀠on TCE LOCATION Mf>P DRIVEWAY EXHIBIT BN .; . ____________________-1.._____________---10.'--N.T.S. PROPOSED ROW --ll,-------; =::.::.:r--A. LEE PFLUGER CHILDREN'S TRUST·· SCALE: 1"=20' 􀁉􀁾􀀠ARAPAHO ROAD 􀀭􀀭􀀭􀀭􀀭􀀮􀁐􀁒􀁡􀁉􀁯􀁓􀁅􀁄􀁒􀁏􀁷􀁩􀀭􀀭􀀮􀀭􀀭􀀮􀀭􀀭􀀮􀀭􀀭􀀮􀀭􀀭􀀮􀀭􀀭􀀮􀀭􀀭􀀮􀀭􀀭􀁾􀀭􀀭􀂷􀀭􀀭􀂷􀀭􀂷􀀭􀂷􀀭􀀭􀀭􀀭􀀭.. CORNER OF TCE DRIVEWAY EASEMENT AREA = 734 SF = 0.0169 AC. EXISTING AETNA REALTY INVESTORS INC. THE NW CORNER"" THE TEMPORARY CONSTRUCT ION EASEMENT IS LOCATED 379.88' AT A BEARING OF S78·10'27"E FROM THE NW CORNER OF CORNER CLIP AT SE CORNER OF MARSH LN AND ARAPAHO RD. c '" NW CORNER OF" CORNER CLIP AT SE'".. L CORNER OF MARSH LN AND ARAPAHO RD o ;_. .0 '" _. r:. ARAPAHO ROAD NW CORNER OF TCEx UJ 􀀭􀁾􀀮􀀮􀀠-(,---'" " Q. S78"'10 127 11 E '----1 379.88' ./1: ARAPAHO ROAD"" • t'" I'" TCE LOCATION MAP DRIVEWAY EXHIBIT CN N.T.S. -L__________________________􀁾􀁾􀁌� �________________________________________ //// AMB PROPERTIES II. L.P. J􀁾􀀠ARAPAHO ROAD /8+00 ---------􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀁾PROPOSED ROW DRIVEWAY EASEMENT AREA = 873 SF = 0.0200 AC. THE NE CORNER OF THE TEMPORARY CONSTRUCTION EASEMENT IS LOCATED 115.2:;1 WEST AND 18.90' NORTH OF THE NW CORNER OF CORNER CLIP 􀁾􀁔􀀠SW CORNER OF ARAPAHO RO AND BUSINESS AVE. ; NE CORNER OF TCE NW CORNER OF CORNER CLIP AT SW CORNER OF ARAPAHO RD AND BUSINESS AVE ARAPAHO ROAD ,, TCE LOCATION MAP N.T.s.􀁏􀁾__________________________________________ SCALE: 1"=20' EXISTING NE CORNER OF TCE AETNA REALTY INVESTORS INC. 1 c C> V ARAPAHO ROAD DRIVEWAY EXHIBIT D 􀁾________________________􀁾􀀠 --AMB PROPERTIES II. L.P. ___________􀀭􀀺􀀻􀀬􀀻􀀻􀀻􀀻􀁯􀀽􀀻􀀺􀀺􀀺􀀬􀁛􀁟􀁐􀁟􀁒􀁾􀁾􀁟􀁏􀁓􀁟􀁅􀁾_ 􀁒􀀨􀁾􀀧􀀱􀁾􀁟􀀠.-,.,'.,-, • SCJ.l.E: 1"=2U' [ 􀁾􀀠ARAPAHO ROAD 22:-00 􀀭􀀭􀀭􀀭􀀭􀀭􀀫􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭� �􀀭􀀭􀀭􀀭􀁾􀀭-----------f-----------7-: " "" -L______EXISTING ROW =202 SF 0.0046 AC. THE NW CORNER QF THE TEMPORARY CONSTRUCTION EASEMENT IS 􀁌􀁾􀁅􀁄􀀠76.70' AT A BEARING OF S77'58'55"E FROM THE PT OF 'Row CURVE AT THE SE CORNER OF BUSINESS AVE AND ARAPAHO RD. PT OF ROW CURVESE CORNER OF BUSINESS AVE AND ARAPAHO RD -,--" ,--------------'''r'' ''''''''''ii NW CORNER OF TCE DRIVEWAY AREA on.. L ,/" '" cO i;'" ,/w +.0 C X W '(!; U) ",/C /'ro "' "" "' LINCOLN TRUST COMPANY CUSTODIAN 􀁾􀁅􀁘􀁉􀁓􀁔􀁉􀁎􀁇􀀠ROW ------------------------SCALE: 1"=20' 􀁣􀁾􀀠􀁁􀁒􀁁􀁐􀁾􀁈􀁏􀁾􀁏􀁁􀁏􀀠= 􀀺􀀽􀀷􀁾􀀮􀁭􀀫􀀧􀁆􀁦􀁩􀁵􀁾􀀽􀁟􀀽􀁟􀀽􀁾􀀽􀁣􀁣􀁟􀁾􀀽􀁟􀁾􀀽􀁟􀁾􀀠___ 􀀭􀀫􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀁾􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭DRIVEWAY EASEMENT AREA =250 SF =0.0057 AC.. . ROW TRIANGLE THE NE CORNER OF THE TEMPORARY CONSTRUCTION EASEMENT IS LOCATED 30.01' AT A BEARING OF Nl1'58'55"W FROt:! THE PC OF ROW CURVE OF SW CORNER OF COMMefCIAL RD AND ARAPAHO RD. ARAPAHO ROAD ---..,L NE CORNER OF TCE ----... __ _ ;; ";>-:r--''Nl1'58'55"W 30.07' TCE LOCATION MAP N.T.S. PC OF ROW CURVESW CORNER OF COMMERCIAL RD AND ARAPAHO ROAD --\ 􀁾􀀠\ ;0 0 (, NE CORNER OF TCE .A;SSOCIATES ARAPAHO ROAD DRIVEWAY EXHIBIT F 􀀵􀁾___________________􀁾_________________ N ,/ \,, NE CORNER TOWN OF ADDISON PROPERTY\ /CORNER --\ DRIVEWAY Eft9EMENT = 1367 SF = 0.0314 ////i 􀁾􀁏􀁗􀀠! /\ \ ,, TxU ELECTRIC TRIANGLE BOWL ASSOCIATES SCALE: 1"=20' SW OF TCE 3\ \ . :j '-Ill. ARAPAHO "ROAD \1 􀁾􀀻􀁩􀀠\ !i LINCOLN TRUST "L--\\ ___l,--------------·n-COMPANY CUSTODIAN J:: >' ARAPAHO ROAD <-'" 00 on DRIVEWAY EXHIBIT'" >'QL-___________________________________________ _____________________􀁾􀀠\ \ - -----------, ,, I---c .g 􀁾􀀠L o ,/.... '" .0 r:. x UJ ,/" "'" '/. :c I· 􀁾􀀠,,AMB PROPERTIES II.L.P. 'fJ','0, 6',, DRIVEWAY EASEMENT AREA =883 SF =0.0203 PROPOSED ROW 􀁾􀀭􀀭.-.-I, I , ,, I,, SCALE: 1":20' ,I , LINCOLN TRUST COMPANYI, CUSTODIAN , I ,, I,• I 􀁾􀀭􀀭-----,--􀁾􀁜􀀠0\ -':. 􀁾􀀠z\ 1.85' EAST 􀁾􀁜-<' , 􀀭􀀭􀁾􀁪􀀠22 00 􀁉􀁾􀀠ARAPAHO ROAD 1 + -.i. _ ,,23+00 􀀭􀀭􀀭􀀭􀀭􀀭􀁾􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭---􀀭􀁾􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀫􀀭􀀭􀀭TRIANGLE BOWL ASSOCIATES ARAPAHO ROAD 􀁾􀁾____________________________D_R_IV_E_W_A_Y__E_X_H_IB_IT__􀁈􀁾􀀠 C 0> "0 i o 􀁾􀀠L ./of" 􀁾􀀠 ,/.r:: ./ill '" L-________________________________________________________􀁾􀀠