_. :,.,... .􀀭􀀭􀀮􀁾... ", ... 
SIDMEK, JACOBS & FINKLEA, L.L.P. CONSULTING ENGINEERS 8333 Douglas Avenue, #820 Dallas, Texas 75225·5816 Fax (214) 361·0204 Phone (214) 361-7900 ROSS L. JACOBS. P.E. RONA1pV. CONWAY.
P.E. JOHN W. BIRKHOFF. P.E. 10£ R. CARTER. P.E. February 4, 1997 GARY C. HENDRICKS. P.E. I. C. FfNKLEA. P.E. Mr. David C. Nighswonger, P.E. Town of Addison Post Office Box 144 Addison,
Texas 75001·0144 Re: Excel Parkway/Addison Road Intersection Dear Mr. Nighswonger: Our original engineering services agreement dated December 20, 1995, for the preparation ofplans and
specifications for improvements to the Excel Parkway and Addison Road Intersection recommended a budget of$14,455.00. To date, we have exceeded that budget and request that the budget
be increased. In review of the project, we find that additional surveying and design was required to incorporate into the project the improvements made by the Excel Corporation at the
southwest quadrant ofthe intersection. Also during the design ofthis project, we completed a preliminary layout for a left turn lane from Excel Parkway to the existing motor bank based
on them dedicating the right-of-way along Addison Road. We developed preliminary improvements to driveway access to the tract north of the existing motor bank, which resulted in the
completed design north ofExcel Parkway being revised for a shorten section. We developed a parking lot layout to assist in obtaining the required right-of· way from the Atrium Office
tract. In addition, we have been creating and transmitting electronic files to the Town's landscape architect and traffic engineer for their plan preparation. We request that the budget
for this project be increased by $8,000.00 for the additional services completed on this project. This amount will leave $1,500.00 for the bidding phase and $2,500.00 for construction
administration. We believe that the construction plans and specifications are in final form for bidding, less the traffic signal plans and the landscape plans. Ifyou are in agreement
with the recommended increase in the budget for this project, please have one copy of this letter executed by the Town ofAddison and returned to our office. We are available at your
convenience to discuss any questions you may have with the additional work required on this project. C):J!W8JRfJ John W. Birkhoff, P.E. APPROVED FOR THE TOWN OF ADDISON BY:-t<. 􀁾􀁾􀀻􀀺􀀩􀀠
Date: ...3 -7 -9 J'-___ 
(214) 450-2B71 16001 Westgrove PUBLIC WORKS DEPARTMENT January 7, 1997 MEMORANDUM TO: Ron Whitehead, City Manager FROM: SUBJECT: Addison Road/Excel Parkway Intersection Improvements
Right-()f-Way Acquisition John Baumgartner, Director of Public Works "N7 l/--At the October 8, 1996 City Council meeting, the Council approved the purchase ofland for right-of-way at
16775 Addison Road, located at the northwest corner of the Addison Road/Excel Parkway Intersection. The Council approved a purchase of 975 square feet at $7.25 per square foot, for a
total purchase price of $7,069. Since then, the needed right-()f-way has slightly increase to 1,090 square feet. Based on a land value of $7.25 per square foot, the new purchase price
is $7,903. Attached is tlte revised metes and bounds description and exhibit for the right-()f-way purchase. The property is owned by Brookdale Investors Limited Partnership, who have
agreed to the revised area and price. Staff recommends that the Council approve the purchase of 1,090 square feet from the tract located at 16775 Addison Road, owned by Brookdale Investors
Limited Partnership for $7.25 per square foot, for a total purchase price of $7,903. 
Date:1Of28196 FIELD NOTE DESCRIPTION FOR RIGHT -OF-WAY ACROSS THE PROPERTY OF THE ATRIUM Being a parcel of land for right-of-way located in the Town of Addison, Texas and in the William
Lomax Survey, Abstract No. 792, Dallas County, Texas and being over, under and across a remaining 4.179 acre tract of land, after a 30 foot dedication for paving, conveyed to The Atrium
by deed now of record in Volume 82006, Page 0361 of the Deed Records of Dallas County, Texas, said right-of-way being more particularly described asfollows: BEGINNING at a pointfor a
comer, said point being S 0'14'16" E, 133.62 feetfrom the northwest comerofsaid remaining 4.179 acre tract, said northwest comerbeing evidenced by a 3/8 inch iron rod, said point also
being in the west right-of-way of Addison Road, (60 foot right-of-way), said point also being N 0'14'16" W, 174.13 feet from the intersection of the west right-of-line of said Addison
Road and the north right-of-way line of Excel Way, (SO foot right-of-way}; THENCE S 0'14'16" E along the east line of said remaining 4.179 tract and along the west right-of-way line
of said Addison Road, for a distance of 174.13 feet to a point for a comer, said point being where the west right-of-way of said Addison Road intersects with the north right-of-way line
of said Excel Way; THENCE N 89'50'15" W along the north right-of-way line of said Excel Way, a distance of27 .62 feet to a pointfor a comer; THENCE N 0'05'00" W, a distance of 0.54 feet
to a point for a comer, said point being in a curve to the left, said curve to the left having a central angle of 90'19'16", a radius of20.00 feet and a chord bearing-distance of N 44'55'22"
E, 28.36 feet; THENCE along said curve, a distance of 31.53 feet to the point of tangency; :c1S. OF 􀁲􀁾􀀠 􀁱􀀬􀀧􀁜􀁾􀂷􀁇􀁜􀁓􀁔􀁩􀀡􀀮􀀦􀁾􀂣􀀡􀁦 THENCE N 0'14'16" W, a distance of 42.19
feet to a pointfor a comer; .* 􀁾 .JJ;;􀁾􀁩􀁉􀀧􀀧􀀡􀀡􀀪 􀁊􀁴􀁾􀀠 Jf!{ e•• ...􀁾•••••••••••••••••: •••! THENCE N 2'40'17" E, a distance of 10 8.36 feetto a pointfora comer; ..R.:O.N.A..L.D..
.V.. .C..O.N..W..AY \ ..., \'1sb 2349 􀁾 .' THENCE N 0'14'16" W, a distance of 2.99 feet to a point for a comer; ('.!,;:.:,O••􀁉•􀁴•􀀧•􀁯•􀁬•􀁩•􀁓•􀁓•􀁜•􀁏 􀁾􀁾􀂷􀁏􀂷􀁾 SUR'll 􀁾􀀠 THENCE
N 89'45'44" E, a distance of 2.00 feet to the POINT OF BEGINNING and containing 1089.77 square feet of land. 􀁾􀀮􀀮􀀮􀀴􀀲􀀮􀁶􀀮 tZ.,"';7 .. "GJuf1./'· 
t-__->8"'-0·--'R"".O::..!!.W.:.,...+-----1 ..... , SCALE: 1=30' THE ATRIUM VOL. 82006, PG. 0361 30' 􀁾􀀠 DEDICATION /). = 90'19'16" WILLIAM LOMAX SURVEY, ABST. NO. 792 I,R. == R = 20.00'
DALLAS COUNTY, TEXAS ....J T = 20.11' N 1000,1418 LLJ L = 31.53' E 950.0002 (,) CB=N 44'55'22" E X CD=28.36· WI N 0'14'16" W 2.99' 􀁾􀀽􀁅..􀁡􀁩􀁾􀁾􀁾􀁾􀀭􀀭􀀭􀀭􀁾􀁓􀁬􀁏􀁾􀂷􀀱􀁾􀀴􀂷􀁾􀀱􀀶􀁾􀂷􀁾􀁅􀀭􀀭􀀭
􀀱􀀭􀀳􀀭􀀳􀀮􀀶􀀭􀀲􀀭􀂷􀁾􀀭􀀭􀀭􀀭􀀭􀀭􀁾􀁾􀀠 N 1000.0000 Area = 1089.77 SQ. FT. POINT OF ADDISON ROAD BENT TREE TOWER NO.2 TRIANGLE PACIFIC ADDITION TOWN OF ADDISON, TEXAS VOL. 86112,
PG. 0161 VOL. 79129, PG. 0012 THE ATRIUM RIGHT-OF-WAY PLAT E 1000.000 SHIMEK. JACOBS & F1NKLEA, LLP. OCT 1996 CONSLIL TING ENGINEERS ., 10/28/96 RJL SCALE: 1=30 ATRM-ROW,DWG 
Date:10128196 FIELD NOTE DESCRIPTION FOR RIGHT -OF-WAY ACROSS THE PROPERTY OF THE ATRIUM Being a parcel of land for right-of-way located in the Town of Addison, Texas and in the William
Lomax Survey, Abstract No. 792, Dallas County, Texas and being over, under and across a remaining 4.179 acre tract of land, after a 30 foot dedication for paving, conveyed to The Atrium
by deed now ofrecord in Volume 82006, Page 0361 of the Deed Records of Dallas County, Texas, said right-of-way being more particularly described as follows: BEGINNING at a pointfor a
corner, said point being S 0°14'16" E, 133.62 feet from the northwest corner of said remaining 4.179 acre tract, said northwest corner being evidenced by a 3/8 inch iron rod, said point
also being in the west right-of-way of Addison Road, (60 foot right-of-way), said point also being N 0'14'16" W, 174.13 feet from the intersection of the west right-of-line of said Addison
Road and the north right-of-way line of Excel Way, (80 foot right-of-way); THENCE S 0°14'16" 16" E along the east line of said remaining 4.179 tract and along the west right-of-way line
of said Addison Road, for a distance of 174.13 feet to a point for a corner, said pOint being where the west right-of-way of said Addison Road intersects with the north right-of-way
line of said Excel Way; THENCE N 89°50'15" W along the north r'ight-of-way line of said Excel Way, a distance of27 .62 feet to a point for a 􀁣􀁯􀁲􀁮􀁾􀁲􀀻􀀠 THENCE N 0°05'00" W, a distance
of 0.54 feet to a point for a corner, said point being in a curve to the left, said curve to the left having a central angle of90019'16", a radius of 20.00 feet and a chord bearing-distance
of N 44°55'22" E, 28.36 feet; THENCE N 0°14'16" W, a distance of 42.19 feet to a point for a corner; THENCE N 2°40'17" E, a distance of1 08.36 feet to a point for a corner; THENCE N
0'14'16" W, a distance of 2.99 feet to a point for a corner; THENCE N 89°45'44" E, a distance of 2.00 feet to the POINT OF BEGINNING and containing 1089.77 squarefeetofland. 􀁾􀀮􀀮􀀴􀀲􀀮􀀮􀁶􀀮
a...w7 " 􀀯􀁯􀀩􀁵􀁪􀀧􀁾􀀠
" /--........􀁾􀀭􀀭􀀭 ' .... SCALE:l =30' f[,\ THE ATRIUM VOL. 82006, PG. 0361 30' 􀁾􀀠 DEDICATION :!: f:, = 90"19'16" WILLIAM LOMAX SURVEY, ASST. NO. 792 I.R. -l W () x w R = 20.00'
T = 20.11' L = 31.53' . CB=N 44'55'22" E CD=2B.36' Area = 1089,77 SQ, FT, BENT TREE TOWER NO.2 VOL. 86112, PG. 0161 DALLAS COUNlY, TEXAS POINT OF BEGINNIN( ADDISON ROAD TRIANGLE PACIFIC
ADDITION VOL. 79129, PG. 0012 􀁾􀀠 N 1000,141B E 950.0002 S 0"14'16' E -133.62' N 1000.0000 II.R. E 1000.000 00 <:;! i" o ?E 1,,/Z-ll)1l. TOWN OF ADDISON, TEXAS THE ATRIUM RIGHT-OF-WAY
PLAT SHIMEK, JACOBS &: FlNKl.EA. LLP'I OCT, 1996 CONSULTlNG ENGINEERS I , 10128/go R.II 􀁾􀁲􀀺􀁁􀁉􀀠F· 1= 􀁾􀁮􀀠 ATRM-Rnw nwr. 
ROBERT G. BUCHANAN. JR. (214) 672-2139 Mr. Jeff Markiewicz Town of Addison P. O. Box 144 Addison, TX 75001 COWLES & THOMPSON A PROFESSIONAL CORPORATION ATIORNEYS AT LAW 901 MAIN STREeT.
SUITe 4000 DAUAS. TEXAS 75202·3793 TELEPHONE !2141 572·2000 METRO {.971) 263..0005 FAX 1214J 672-2020 CHARLES GQRREltS {1926·1SB2! June 16, 1997 A'􀁱􀀧􀁡􀀯􀀯􀁾􀁨􀁴/.I&ce/􀀮􀀮􀀴􀀯􀁾􀁓􀀢􀁾􀁣􀁾􀁾􀀠
, 14 E.lOUISIANA ST., 􀁓􀁕􀁾􀁔􀁅􀀠:WO McKINNEY, TexAS 75069·4463 TELEPHONE t972) 542·5000 100 W. ADAMS AVE., SUITE 321 P.O. BOX: 785 TEMPLE, TEXAS 76503·0785 TeLEPHONE {254! 771·2800
ONE AMERICAN CENTER, SUITe 777 909 E.S.E. lOOP 323 TYLER. TEXAS 75701·96B4 TElfPHONE mOS} 581·5588 Re: Addison Road/Excel Parkway Intersection Improvements Right-of-Way Acquisition,
16775 Addison Road Dear Jeff: Just in case we failed to forward this to you earlier, enclosed is a copy of the Right-ofWay Deed forwarded to Mr. Richard Elam of Fults Realty Corporation
on May 2, 1997. Please call should you have any questions. Sincerely, Robert G. Buchanan, Jr. RGB:wn Enclosure 
1 I I ROBERT O. BUCHANAN, JR. (214) 672·2139 Mr. Richard Elam Fults Realty Corporation 6060 North Central Expressway Suite 700 Dallas, TX 75206 Dear Mr. Elarn: COWLES & THOMPSON A PROFESSIONAl
COOPORATION ATTORNEYS AT LAW 901 MAIN STREET, SUITE 4000 DAllAS. TEXAS 75202-3793 TEl..Ef'HoNe (214) 672-2000 ME"rnO !9?2i 263-00<15 FAX 12141 672·2020 CHARL.ES SORRELLS !1925·1982)
May 2,1997 l14 E. LOUISIANA ST" SUITe 200 McKINNEY. TEXAS 75069-4463 TELEPHONE (9721 542-5000 NeNS TEXAS NATIONAL BANK. SLOG, SUITE 321 l00W. AOAMS AVE. P.O. BOX 785 TEMPI.E. TEXAS 76503...(r]S5
TELEPHONE IS171 771·2800 ONE AMER!CAlII CENTER, SUITE 717 909 e.s,E, LOOP 323 TYLER, TEXAS 75701-9684 TELEPHONE t903) 58Hi5S8 RE: Addison Road/Excel Parkway Intersection Improvements
Right-of-Way Acquisition, 16775 Addison Road This firm represents the Town of Addison. At Mr. Jeff Markiewicz' request, enclosed please find a draft of a Right-of-Way Deed for your review
and comments. Please caU if you have any questions or comments. Sincerely, Robert Robert G. Buchanan RGB/ts Enclosure cc: Mr. Jeff Markiewicz Project Manager Town of Addison P. O. Box
144 Addison, TX 75001 DOC I, 487686 
After Recording Return To: Robert G. Buchanan, Jr. State of Texas § Cowles & Thompson § 901 Main Street, Suite 4000 County of Dallas § Dallas, Texas 75202 RIGHT-OF-WAY DEED Date: ______________􀀬􀀱􀁾
􀀷 Grantor: Brookdale Investors Limited Partnership Grantee: Town of Addison P.O. Box 144 Addison, TX 75001 Consideration: (1) The sum of Ten Dollars ($10.00) and other good and valuable
consideration to Grantor in hand paid by Grantee, the receipt and sufficiency of which is acknowledged by Grantor. (2) Benefits to be derived by Grantor and his remaining property as
a result of the proposed public improvements. Property Description: See Exhibit "A" attached hereto and by reference made a part hereof. Conveyanee: Grantor grants, sells and conveys
to Grantee in fee simple the Property described herein, TO HAVE AND TO HOLD, unto Grantee, its successors and assigns. Grantor, together with Grantor's heirs, executors, administrators
or successors, shall WARRANT AND FOREVER DEFEND all and singular the said Property unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming, or to
claim the same or any part thereof, except the Exceptions to Conveyance, by through or under Grantor, but not otherwise. RIGHT-OF-WAY DEED -Page 1 DOC #: 487334 
Exceptions to Conveyance: All presently valid and effective easements, rights-of-way, and prescriptive rights, whether of record or not; all presently recorded and validly existing restrictions,
reservations, covenants, conditions, oil and gas leases, mineral severances, and other instruments, other than liens and conveyances, that affect the Property. 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 Cbarter of the 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-of-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 sball be deemed full compensation for the conveyance of the Property, and for any diminution in value that may result to the remaining
property of Grantor by virtue of Grantee's use of the Property. (d) When the context requires it, singular nouns and pronouns include the plural. EXECUTED effective as of the day first
written above. Brookdale Investors Limited Partnership By: Print Name: Print Title: RIGHT-OF-WAY DEED -Page 2 DOC #: 487334 
􀁓􀁾􀁲􀁥􀁯􀁦 ___________ § § County of _________ § Before Me, this instrument was acknowledged on this _<__ day of __----::---::::-_-:--:--:199 by • the of Brookdale Investors Limited
Partnership. a limited partnership. Notary Public, State of ________ Commission Expires: Print name: RIGHT-OF-WAY DEED -Page 3 DOC I, 487334 
Date:10/26/96 EXHIBIT nAn Being a parcel of land for right-of-way located in the Town of Addison, Texas and in the William Lomax Survey, Abstract No. 792, Dallas County, Texas and being
over, under and across a remaining 4.179 acre tract of land, after a 30 foot dedication for paving, conveyed to The Atrium by deed now of record in Volume 82006, Page 0361 of the Deed
Records of Dallas County, Texas, said right-of-way being more particularly described asfollows: BEGINNING at a point for a corner, said point being S 0'14'16" E, 133.62 feet from the
northwest corner of said remaining 4.179 acre tract, said northwest corner being evidenced by a 3/8 inch iron rod, said point also being in the west right-of-way of Addison Road, (60
foot right-of-way), said point also being N 0'14'16" W, 174.13 feet from the intersection of the west right-of-line of said Addison Road and the north right-of-way line of Excel Way,
(80 foot right-of-way); THENCE S 0'14'16" E along the east line of said remaining 4.179 tract and along along the west right-of-way line of said Addison Road, for a distance of 174.13
feet to a point for a corner, said pOint being where the west right-of-way of said Addison Road intersects with the north right-of-way line ofsaid Excel Way; THENCE N 89'SO'1S" W along
the nortli right-of-way line of said Excel Way, a distance of27.62 feet to a pOintfor a corner; THENCE N O'OS'OO" W, a distance of 0.S4 feet to a point for a corner, said point being
in a curve to the left, said curve to the left having a central angle of 90'19'16", a radius of 20.00 feet and a chord bearing-distance of N 44'SS'22" E, 28.36 feet; THENCE along said
curve, a distance of 31.53 feet to the point of tangency; 􀀺􀀧􀀨􀁾􀀠OF 􀀧􀁬􀀧􀁾􀀠 . 􀁾􀀹􀀭 ••t··.."......":' 􀁾••􀂷􀁱􀁓􀁊􀁾􀀧􀁳􀁲􀁾􀁬􀁩􀁩􀀺􀂷􀀭􀀺􀁲􀁤􀁜 THENCE N 0'14'16" W, a distance
of 42.19 feet to a point for a corner; ..I.tt '1li '() ''.... 􀁾 \ ..•...•.. ,.......:... THENCE N2'40'17" E, a distance of1 08.36feettoa point for a corner; ..R.:O.N.A..L.D.. .V.. .C..O.N..W..AY
\ ... 􀁜􀁾􀀧􀀥􀀠2349 􀁾􀁾􀀠 THENCE N 0'14'16" W, a distance of 􀀲􀀮􀁾􀀹􀀠feet to a point for a corner; 􀀼􀀧􀁾􀁾••􀁾􀁩􀁏􀁓􀁓􀁜􀁏􀀺􀀺􀁾􀀺􀁯􀂷􀁒􀂭 '''() 􀀸􀁴􀁩􀁒􀁾􀀧􀀼􀀭􀀧􀀠 THENCE N 89'4S'44"
E, a distance of 2.00feet to the POINT OF BEGINNING and containing 1089.77 square feet of land. 􀁾􀀮􀀮􀀴􀀲􀀮􀁶􀀮 a..-'7 IOJurU." 
􀀯􀀭􀀺􀁓􀀭􀁾􀁓􀀠 .-􀀮􀁾􀀠 􀁾􀀮􀁳􂂬􀁮􀀱􀁥􀁎􀀷􀀠,4A?ee;<.4£A.ff7 􀀴􀁔􀁾 Un-? 􀁾 $EA/7 /R.e'!6' .: /, 0/<'-;:-' '.. 􀀯􀀧􀀨􀀡􀁕􀁮􀁾􀁣􀀯􀀠 􀀼􀀻􀀺􀀺􀀱􀀧􀁲􀁴􀀡􀁥􀁾􀁊􀀠 . "' .. " 􀁦􀀾􀁾􀁲􀁮􀀠
􀁾􀁣􀁲􀀺􀁢􀀠 􀁾􀁾􀁾􀀮􀀠 -" ., 􀀮􀁾􀀮􀀠 􀁓􀁾 􀁃􀁣􀀭􀁾􀀯􀀠􀀷􀁾􀁣􀀺􀀧􀀴􀀠 '. 􀁓􀁾􀀠C!<Y/􀁾 􀁓􀁾􀁾􀀯􀂭 􀁾 􀁾􀀷 􀁣􀁥􀁲􀀺􀁲􀁓􀁾􀁃􀁤􀀭􀀭􀁹􀁃􀀭􀀭􀁾􀀠 . -. : -_." ;.' -􀁾􀀧􀀠 . !'. . :,. 
FULTS REALTY CORPORATION Investment Rea! Estate Serl/ices November 11, 1997 Mr. Jeff Markiewicz Town of Addison 16801 Westgrove Dr. Addison, TX 75001 RE: Right-of-Way Acquisition (16775
Addison Road) Dear Jeff: Brookdalem1"vestors, LP reviewed the draft Right-of-Way Deed for the above acquisition. They are concerned about of few details of the transaction and request
additional infonnation andlor verification. We need verification that the property will meet city codes for the quantity and size ofparking spaces after the proposed construction is
complete. We need a copy of the legal survey. Brookdale's attorney pointed out tbat since no survey is attached to the draft Deed document, there is nO verifiable connection between
the legal description, which was provided, and the actual configuration of the parcel which the city is taking. 3. The wording in the Deed document should reflect the actual terms of
the deal. The Deed says that the consideration is $10.00, yet the actual consideration is $7,903.00. I have assurance that Brookdale Investors, LP will be ready to approve this transaction
once the above issues are resolved. Please call me if you have any questions. Sincerely, FULTS REALTY CORPORATION Richard L. Elarn Property Manager ATRllJM at BENT TREE 16775 Addison
Road Su)rC'110 Addl.'illn,1X 75248 214.930,9929 114.9.10.9447 Fax 
􀀱􀀧􀀺􀀬􀀬􀀺􀀧􀁾􀀺􀀻􀂷􀀬􀂷􀀠 -. _____ ,.'.___ ',,;r='.-'_'c-I June 24, 1997 PUBLIC WORKS DEPARTMENT (972) 450·2871 Post Office Box 144 Addison, Texas 75001 16801 WeslgroW! Mr. Richard
Elam Fults Realty Corporation 6060 N. Central Expressway, Suite 700 Dallas, Texas 75206 Re: Right-of-Way Acquisition & Landscape Restoration 16775 Addison Road Dear Mr. Elam: As we have
previously discussed, the Town of Addison is planning to widen and place a traffic signal at the intersection of Addison Road and Excel Parkway. In order to do these improvements, it
is necessary to acquire additional right-of-way from 16775 Addison Road, located at the northwest corner of the Addison Road /Excel Parkway Intersection. The total right-of-way required
to complete the project is 1,090 square feet. A draft copy of the right-of-way deed has been sent to you for review and comment. Through previous meetings and correspondence we feel
the details of the agreement have been determined. The Town of Addison would like to formally propose propose an offer to purchase the right-of-way from Brookdale Investors Limited Partnership.
The conditions of the offer are outlined below. 1. The Town of Addison will pay Brookdale Investors Limited Partnership $7.25 per square foot for the right-of-way. The total purchase
price for 1,090 square feet is $7,903.00. 2. The Town of Addison agrees to retain the professional services of a landscape architect in order to work with Fults Realty Corporation (the
property manager) to design a landscape restoration plan. The Town will pay for the landscape improvements in the construction area. Any additional landscaping outside the construction
area will be paid for by the Town and then reimbursed by Brookdale Investors Limited Partnership. The landscape plan accepted by Richard Elam of Fults Realty Corporation shows that there
will be one live oak planted outside the construction area. The landscape architect estimates the cost of this tree to be $450.00. Please review the conditions of this offer and the
right-of-of-way deed. If these conditions and the right-ofway deed are acceptable, our attorney will submit the final deed for signature and payment will be made in the sum of $7,903.00.
If you have any questions, please feel free to call me at (972) 450-2871. Sincerely, 􀁊􀁥􀁦􀁦􀀦􀁫:􀁩􀁥r􀁾-􀁩i􀁣􀁺f􀀠;0/-.-/􀁾􀁾􀁴􀁻􀀠 Project Manager 
Oate:10/28/96 FIELD NOTE DESCRIPTION FOR RIGHT·OF·WAY ACROSS THE PROPERTY OF THE ATRIUM Being a parcel of land for right-of-way loceted in the Town ofAddison, Texas and in the William
Lomax Survey, Abstract No. 792, Dallas County, Texas and being over, under and across a remaining 4.179 acre tract of land, after a 30 foot dedication for paving, conveyed to The Atrium
by deed now of record in Volume 82006, Page 0361 . of the Deed Records of Dallas County, Texas, said right-of-way being more particularly described as follows: BEGINN ING at a point
for a corner, said point being S 0°14'16" E, 133.62 feet from the northwest corner of said remaining 4.179 acre tract, said northwest corner being evidenced by a 3/8 inch iron rod, said
point also being in the west right-of-way of Addison Road, (60 foot right-of-way), said point also being N 0°14'16" W, 174.13 feet from the intersection of the west right-of-Iine of
said Addison Road and the north right-of-way line of Excel Way, (80 foot right-of-way); THENCE S 0·14'16" E along the east line of said remaining 4.179 tract and along the west right-of-way
line of said Addison Road, for a distance of 174.13 feet to a point for a corner, said point being where the west right-of-way of said Addison Road intersects with the north right-of-way
line of said Excel Way; THENCE N 89°50'15" W along the north right-of-way line of said Excel Way, a distance of 27.62 feet to a pointfor a 􀁣􀁯􀁲􀁮􀁾􀁲􀀬􀀠 THENCE N 0"05'00" W, a distance
of 0.54 feet to a point for a corner, said point being in a curve to the left, said curve to the left having a central angle of90019'16", a radius of 20.00 feet and a chord bearing-distance
of N 44°55'22" E, 28.36 feet; THENCE N 0°14'16" W, a distance of 42.19 feet to a pointfor a comer; THENCE N 2°40'17" E, a distanceof108.36feettoa pointfora corner; THENCE N 0·14'16"
W, a distance of 2.99 feet to a point for a corner; THENCE N 89°45'44" E, a distance of 2.00 feet to the POINT OF BEGINNING and containing 1089.77 squarefeet ofland. 􀁾􀀮􀀴􀀲􀀮􀁶􀀮 a...w7
., IO)uf'"' 
'" " A.80' R.O.W. ' .... 􀁾􀀠 ?: -l W () X lJJ I DEDICATION /). = 90'19'16" R = 20.00' T = 20.11' L = 31,53' • CB=N 44'55'22' E CD=2S,36' SCALE: 1=30' THE ATRIUM VOL 82006, PG. 0361
WILLIAM LOMAX SURVEY, ABST. NO. 792 DALLAS COUNTY, TEXAS '1.,\ I 􀁾􀀠􀀮􀁯􀀡􀀮􀁬􀁪I 􀁾􀀸􀀹􀀧􀁓􀁏􀀧􀀠 ------------27,62' Area = 1089,77 sa. FT. BENT TREE TOWER NO.2 VOl. 86112, PG. 0161
N 0'14'16" W 2.99' ADDISON ROAD TRIANGLE PACIFIC ADDITION VOL. 79129, PG. 0012 :!1 p'" '" N 1000.0000 II.R. E 1000. ,4Qj􀁾􀁉􀁏􀀯􀀠li24:IU: TOWN OF ADDISON, TEXAS ATRIUM RIGHT-OF-WAY
PLAT SHIMEK, JACOBS lie FlNKl£A. LLP., OCT. 1 CONSUI.TlNQ ENGINEERS ' , 􀀧􀁏􀀯􀀲􀀸􀀯􀀹􀁾􀀠 Ril 􀀢􀁩􀁴􀁁􀁬􀁾􀀧􀀠 1=V! ATRM 
PUBLIC WORKS DEPARTMENT (972) 450-2871 􀁰􀀨􀁊􀁾􀁴􀀠Offi(!c Box 144 Addison, Texas 75001 16801 W\lslgrnve April 30, 1997 Mr. Richard Elam Fults Realty Corporation 6060 N. Central Expressway,
Suite 700 Dallas, Texas 75206 Re: Addison Road I Excel Parkway Intersection hnprovements Right-of-Way Acquisition & Landscape Restoration 16775 Addison Road Dear M r. Elam: As we discussed
today at our meeting, the Town of Addison is planning to widen and place a traffic signal at the intersection of Addison Road and Excel Parkway. In order to do these improvements, it
is necessary to acquire additional right-of-way from 16775 Addison Road, located at the northwest corner of the Addison Road /Excel Parkway Intersection. The total right-of-way required
to complete the project is 1,090 square feet. Negotiations with the owner, Brookdale Investors Limited Partnership, have been conducted and a purchase price has been verbally agreed
upon of $7.25 per square foot. Based on a land value of $7.25 per square foot, the total purchase price is $7,903. The Town of Addison Council approved the purchase of the right-of way
on January 14, 1997, for the total price of $7,903. Our attorney is currently preparing a draft deed for the acquisition of the right-of-way from Brookdale Investors Limited Partnership.
A copy of the draft deed will be sent to you by our attorney for your review and conunent. The second topic of discussion at our meeting was the proposed landscape improvements. I believe
that we both agree that the proposed improvements should adequately replace the trees removed in order to improve the intersection. The only concern expressed by the Town of Addison
is how far west the landscape improvements continue beyond the intersection improvements. A single live oak is shown on the landscape plan that is well beyond the limit of our construction.
We are willing to keep the live oak in the landscape plan if Fults Realty Corporation is willing to reimburse the Town for the cost of the tree. The landscape architect estimated the
cost of the tree at $450.00. The COllstrllction of the intersection is proposed to start in July or August depending on the final right-ofway acquisition. If you have any additional
questions please feel free 10 call me at (972) 450-2860. Sincerely, 􀀿􀀭􀀣􀀷􀁾􀁾􀀠. Jeff Markiewicz d Project Manager . 
ROBERT G. BUCHANAN. JR. (214) 672·2139 Mr. Richard Elam Fults Realty Corporation 6060 North Central Expressway Suite 700 Dallas, TX 75206 Dear Mr. Elam: COWLES & THOMPSON A PROFESSIONAL
CORPORATION ATTORNEYS AT LAW 901 MAIN STRID. suITe 4000 DALLAS,TEXAS 􀀷􀀵􀀲􀀰􀀲􀁾􀀷􀀹􀀳􀀠 TB.EPHONE (214) an-2000 METRO iS72) 263-OO0S FAX IZ141 672-2020 CHARlES SORREU.S ;1925-19821
May 2,1997 114 e. lOWSIANA ST _, SUrrE 200 McKINNEY. TEXAS 75069-4463 TEI.EPHONE (972) 542·5000 HeNS TEXAS NATIONAL BANK BLDG, SUITE 321 100 W. ADAMS AVE. P.O, BOX 785 TEMPLE. TEXAS
76503-0785 TELEPHONE rani 771-2300 ONE AMEmCAN CENTER, $I)IT£ 777 909 E.G,E. LOOP 323 TYLER. TEXAS 757Q1.9684 TEt..EPOONe i9031 581-5588 RE: Addison RoadlExcel Parkway Intersection Improvements
Right-of-Way Acquisition, 16775 Addison Road This firm represents the Town of Addison. At Mr. Jeff Markiewicz' request. enclosed please find a draft of a Right-of-Way Deed for your review
and comments. Please call if you have any questions or comments. Sincerely, Robert O. Buchanan ROB/ts Enclosure cc: Mr. Jeff Markiewicz Project Manager Town of Addison P. O. Box 144
Addison, TX 75001 DOC #, 4S7686 
After Recordinl Return To: Robert G. Buchanan, Jr. State of Texas § Cowles & Thompson § 901 Main Street, Suite 4000 County of Dallas § Dallas, Texas 75202 RIGHT-OF-WAY DEED Date: _______,
1997 Grantor: Brookdale Investors Limired Partnership Grantee: Town of Addison P.O. Box 144 Addison, TX 75001 Consideration: (1) The sum of Ten Dollars ($10.00) and other good and valuable
consideration to Grantor in hand paid by Grantee, the receipt and sufficiency of which is acknowledged by Grantor. (2) Benefits to be derived by Grantor and his remaining property as
a result of the proposed public improvements. Property Description: See Exhibit "A" attached hereto and by reference made a part hereof. Conveyance: Grantor grants, sells and conveys
to Grantee in fee simple the Property described herein, TO HAVE AND TO HOLD, unto Grantee, its successors and assigns. Grantor, together with Grantor's heirs, executors, administrators
or successors, shall WARRANT AND FOREVER DEFEND all and singular the said Property unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming, or to
claim the same or any part thereof, except the Exceptions to Conveyance, by through or under Grantor, but not otherwise. RIGHT-OF-WAY DEED -Page 1 DOC #: 487334 
Exceptions toConveyance: All presently valid and effective easements, rights-of-way, and prescriptive rights, whether of record or not; all presently recorded and validly existing restrictions, reservations,
covenants, conditions, oil and gas leases, mineral severances, and other instruments, other than liens and conveyances, that affect the Property. Miscellaneous: (a) Nothing in this instrument
shall be construed as a waiver by Grantee of any utility connection charge or other charges imposed by ordinance or Charter of the Town of Addison, ' (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-of-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 of Grantor
by virtue of Grantee's use of the Property, (d) When the context requires it, singular nouns and pronouns include the plural. EXECUTED effective as of the day fIrst written above. Brookdale
Investors Limited Partnership By: Print Name: Print Title: RIGHT-OF-WAY DEED -Page 2 DOC II: 487334 
State of ______ § § County of ______ § Before Me, this instrument was acknowledged on this· day of __---;:--=_-;-:--;199_ by , the of Brookdale Investors Limited Partoership, a limited
partoership. Notary Public, State of ______ Commission Expires: Print name: RIGHT-OF-WAY DEED -Page 3 DOC II: 487334 
Date:10128196 EXHIBIT "A" Being a parcel of land for right-of-way located in the Town of Addison, Texas and in the William Lomax Survey, Abstract No. 792, Dallas County, Texas and being
over, under and across a remaining 4.179 acre tract of land, after a 30 fool dedication for paving, conveyed to The Atrium by deed nowof record in Volume 82006, Page 0361 of the Deed
Records of Dallas County, Texas, said right-of-way being more particularly described as follows: BEGINNING at a point for a corner, said paint being S 0°14'16" E, 133.62 feet from the
northwest corner of said remaining 4.179 acre tract, said northwest corner being evidenced by a 3/8 inch iron rod, said point also being in the west right-of-way of Addison Road, (60
toot right-of-way), said paint also being N 0·14'16" W, 174.13 feet from the intersection of the west right-of-line of said Addison Road and the north right-ot-way line of Excel Way,
(aOfoot right-of-way); THENCE S 0°14'16" E along the east line of said remaining 4.179 tract and along the west right-of-way line of said Addison Road, tor a distance of 174.13 teet
to a paint tor a corner, said point being where the west right-ot-way at said Addison Road intersects with the north right-of-way line of said Excel Way; THENCE N 89'50'15" W along the
north right-of-way line of said Excel Way, a distance of 27.62 feet to a pointfor a corner; THENCE N 0°05'00" W, a distance of 0.54 feet to a point for a corner, said point being in
a curve to the left, said curve to the left having a central angle of 90'19'16", a radius of 20.00 feet and a chord bearing-distance of N 44°55'22" E, 28.36 feel; THENCE along said curve,
a distance of 31.53 feet to the point of tangency; 􀁾􀀧􀁩􀀱􀀮􀀠OF rs: 􀁾􀀧􀁜􀁾􀀻􀁾􀁾􀁴􀁓􀁔􀁾􀀱􀀤􀁾􀀱􀀽􀀱􀀮􀀢􀀠 THENCE N 0·14'16" W, a distance of 42.19 feet to a point for a corner;
􀁬􀀧􀁾􀁾􀀠􀁾􀀧􀁾􀀨􀁬􀂷􀁾􀂷 ..Jt·W ' ... 􀀪􀁾􀂷􀂷􀀮􀂷􀂷..·........:*.t THENCE N2'40'17" E, a distance of 108.36feetto a pOintfora corner; RONALD V. CONWAY ••••••••••••••••••••••••• \
••􀁁􀀩􀁾􀀠 2349 ",_l ,( "ro 􀁾􀁖􀀮􀀠 THENCE N 0'14'16" W, a distance of 2.99 feet to a point for a corner; '1􀀻􀀺􀂷􀀮􀁾􀁴􀀺􀁓􀁓􀁜􀁏􀀻􀀺􀀺􀁾􀁾􀁯􀂷R'''0 􀀸􀁕􀁒􀁾􀀧􀀨􀀮􀀮􀀧􀀠 THENCE N 89'45'44"
E, a distance of 2.00 feet to the POINT OF BEGINNING and containing 1089.77 squarefeetofland. 􀁾􀀮􀀮􀀮􀁡􀀲􀀮􀁶􀀮􀀠a...-J7 IO)uf'''. 
MESA DESIGN GROUP PROPOSAL TO: January 6, 1997 Jeff Markiewicz Town ofAddison 1680J Westgrave Drive Addison, Texas 75001 Project: 􀁌􀁡􀁮􀁤􀁳􀁣􀁾􀁰􀁥􀀠Restoration Addison Road @Excel
Parkway Addison, Texas Dear Jeff: Pursuant to our conversation regarding the landscape replacements at the intersection of Addison Road and Excel Parkway, we will provide the following
documents: A. Plaming Plan and Specifications showing tree removals and replacements on the subject property. B. Irrigation by notation on planting plan. C. Field time for construction
questions. Our fees for these services are as follows: A. Planting Plan and Specifications Lump Sum Basis (Including Reimbursables) $2,000.00 B. Field Observation Hourly Basis Not to
Exceed $ 500.00 If this proposal meets your requirements, please execute a signature on this letter and fax back to our offi,ce. Thanks for your time and consideration. Respectfully
submitted by: MESA DESIGN ASSOCIATES, INC. APPROVAL: 􀁾􀁗􀁬􀁨􀀠... 􀁴􀀼􀁥􀀮􀀮􀀮􀀮􀁜􀁾􀁊􀀮􀀠L..Q Principal Principal Town ofAdd;;'; C:\WPWJXOO',WPOOCS\PROPOSAL\EXCEL.TA la"o,cape Architecture
3100 McKinnon Sireet 1Suile 905 LB 1521 Dallas. Texa, 75201 214/67Hl568 Fax 2141871-1507 
MESA DESIGN GROUP PROPOSAL TO: Janua/)' 6, 1997 JetfMarkiewicz Town ofAddison 16801 Westgrave Drive Addison, Texas 7500 I Project: Landscape Restoration Addison Road @Excel Parkway Addison,
Texas Dear Jeff. Pursuant to our conversation reganlil1g tbe landscape replacements al the intersection of Addison Road and Excel Parkway, we will provide the following documents: A.
Planting Plan and Specifications showing tree removals and replacements on the subject property. B. Irrigation by notation on planting plan. C. Field time for construction questions.
Our fees for these services are as follows: A. Planting Plan and Specifications Lump Sum Basis Gncluding Reimbursables) $2,000.00 B. FleId Observation Hourly Basis Not to Exceed $ 500.00
If this proposal meets your requirements, please execute a signature on tilis letter and fux back to our office. Thanks for your time and consideration. Respectfully submitted by: .•
.•.•.•.•.•.•.•. «. • MESA DESIGN ASSOCIATES, INC. APPROVAL: 􀀮􀁾􀂫􀀮􀂫􀀮􀀠 􀁾􀀠.'. .... ........... .. .. .. . ....... .. 􀁾􀁾􀀠 . . . . . .. .. . . . .. .. .. . ....... 􀁾􀁾􀀮􀀬􀁃􀀱􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺�
�􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀠 Principal of Addison C.\WPWIN&Wl:'OOCS\PR.Oi'OSAL\!!XCEL.TA Landscape Architecture 3100 McKtnnon Street I SUlle 905lB 152/1lallas. Texas 75201 214/871-<)568 FaX 214/871-1507

PUBLIC WORKS DEPARTMENT (214) 450·2811 16801 Westgr-ove February 14, 1997 Ms. Betsy McCain Fults Realty Corporation 6060 N. Central Expressway Suite 700 Dallas, TX 75206 Re: Landscape
Restoration at The Atrium Dear Ms. McCain: As we discussed at our previous meeting, the Town of Addison is willing to work with you to develop a revised landscape restoration plan. The
construction related to the intersection improvements at Excel Parkway and Addison Road will require the removal of 4 existing trees on your property. These trees include 2·18" Bradford
Pears, 1·12" Bradford Pear and 1-3" Crepe Myrtle. The Town of Addison quantifies the total tree loss at 51 caliper inches. The Town of Addison determined that the cost to replace the
existing trees is $3500.00. This is based on the approximate cost of 13-4" trees valued at $270.00 each. /The revised landscape plan should indicate the proposed trees in the limit of
intersection improvements. At the time when the low bidder is'selected to perform the landscape improvements, the difference between the $3500 and the low bid will be paid to Fults Reality
Corporation for landscape improvements at other locations on your property. We are willing to meet with your landscape architect to discuss the conditions of the landscape plan if you
would like us to. Please feel free to call if you have any questions or would like to arrange a time to meet and discuss the conditions further at (972) 450-2860. Sincerely, Jeff Markiewicz
Project Manager 
®:6iSoN PUBLIC WORKS DEPARTMENT (21-1) 450-2871 􀁨􀀬􀀬􀀺􀀺􀁮􀀻􀁾􀀧􀁻􀀻􀀡􀀻􀀬􀀮􀁲􀁊􀀱􀁵􀀮􀁴􀁲􀀮􀀮􀁦􀁶􀀻􀀮􀁜􀁣􀀻􀀻􀀧􀀺􀀻􀀭􀀮􀀻􀀧􀁩􀁊􀁔􀁾􀁾􀀺􀀱􀀮􀀢􀀢􀀧􀁾􀂷􀁾􀀠 PORt Office Box B4 Atiolis.on.
Texlls 75001 16801 WCS1b'TOVC August 27, 1996 Ms. Betsy McCann Fults Realty Corporation 16775 Addison Road, Suite 110 Dalias, Texas 75248 Re: Imersection Improvements at Addison Road
and Bent Tree Plaza Drive Dear Ms. McCann; Enclosed is a blueprint showing the proposed paving improvements at dle above referenced intersection. The purpose for 􀁾􀁬􀁥􀀠project is to
add left turn lanes on Addison Road and a traffic signal at the intersection. The expansion of dle intersection will require additional right-of-way along Addison Road. Highlighted in
yellow on Ole blueprint is dle 􀁲􀁩􀁧􀁨􀁴􀀭􀁯􀁴􀁾􀁷􀁡􀁹􀀠dle Town needs to acquire from tile Atrium tract. The area is approximately 975 square feet in size. The new 􀁲􀁩􀁧􀁨􀁴􀀭􀁯􀁴􀁾􀁷􀁡􀁹􀀠line
will lie approximately 9,5 feet from tile proposed back of curb of the street. 11lis width is needed for dle construction of a 5 foot wide sidewalk and the relocation of utilities such
as power poles. A portion of the existing parking lot pavement for the Atrium lies 􀁷􀁩􀁾􀁬􀁩􀁮􀀠the proposed right-of-way. The Town propcses to move the curb for the parking lot back
to Ille new right-of-way line. The remaining pavement may be re-striped 10 provide parking spaces 16 feet in length. These spaces could be reserved for compact cars. ' The work required
to restore the Atrium property, such as parking 101 modifications and landscaping, will be performed by the Town's general contractor for the project and at the Town's expense. The Town
will work with you \0 develop the plans for restoration to the Atrium development. The price the Town will pay for the right-of-way will be based on recent sales in the area to determine
what the market value for the land should be. The City Council will have to approve any offer and authorize staff to formerly make the offer to the owners of dle Atrium. If you have
have any questions please call me al 450-2879. SZ;;Vt 􀀩􀀯􀁾􀀧􀀠 David 􀁎􀁩􀁧􀁨􀁓􀁗􀁏􀁮􀁧􀁥􀁲􀀬􀁾 Public Works Engineer