COWLES &THOMPSON A ProfessIonal Corporation ATTORNEYS AND COUNSELORS ANGELA K, WASHINGTON .214.672.2144 AWASHINGTONGCOWlESTHOMPSON,COM September 24, 2004 VIA FACSIMILE (972) 450-7065 AND REGULAR U.S. MAIL Ms, Carolyn Burgette Accounting Manager Town ofAddison P.O. Box 9010 Addison, TX 75001-9010 RE: Transaction Involving Parcel 4 (Dyson Enterprises, L.P.), Addison Road Project Dear Carolyn: In connection with the above-referenced transaction, enclosed are copies of the following documents: (1) Executed Purchaser's Statement; and (2) Executed Easement Agreement. Closing on the transaction has been scheduled for Tuesday, September 28, 2004. Please forward the funds to Republic Title by that date. The wiring instructions are enclosed. As you may recall, this is the parcel for which the City inadvertently filed the executed easement agreement without closing on the transaction. The Title Company has obtained a Ratification from the owner to correct the matter. If you have any questions or concerns, or if you need anything further, please give me a call. Thanks t'Or your assistance. Sincerely, AKWlyjr Enclosures c(w/o Enclosures): Mr. Mike Murphy Mr. Steve Chutchian Mr. Kenneth C. Dippel, w/firrn 901 MAtN STREET SuITE 4000 DAlLAS, TEXAS 75202·3793 D ALL A S T Y L E R TEL 214.672 . .2000 FAX 214,672.2020 WWW.COWLESTHOMPSOH.COM 􀁾􀀱􀁩􀀮􀀱􀁉􀀲􀀶􀀹􀀰􀀴􀀠 Page 1 of 1 Steve Chutchian From: Washington, Angela [awashington@cowlesthompson.com) Sem: Thursday, June 03, 2004 3:23 PM To: 'Patricia Sherman Bruce' Cc: Steve Chutchian; DIPPEL, KEN Subject: Oasis Car Wash Patricia I received the closing binders for the Outback Steakhouse transaction (Parcel 8, Addison Road Project). Thank you for your assistance in getting this matter closed. Please give me a status on the following transactions: (1) GF # 02R05317 -Oasis Car Wash I believe that you needed documents from the seller and that you were preparing a ratification for the seller's signature (as you may recall, this is the transaction where the Town inadvertently recorded the document prior to closing). As I have already communicated to you, I have informed Oasis and they are wiling to execute the ratification. (2) GF # 02R05325 -Minol I believe that you needed an affidavit from the seller. I have spoken to Mike Quigley. They are cooperative and willing to do what we need. Ifyou have determined or expect compiications, please let me know at your earliest convenience, as the owners are in Germany and it takes a while to get approvals and documents. (3) GF # 02R05319 -Sultan Chanaa I received my copy ofyour correspondence to Leon Scroggins wherein you enclosed a document that you need executed. Please let me know Ifyou have received the executed document or any communication Itom Mr. Scroggins. This one is lime sensitive in that ifwe do not close the transaction soon, we will need to file a condemnation action fairly quickly to avoid eny delay of the project. (4) GF # 02R14035 -Motel 6 I am still awaiting the updated title commitment for this one. Thank you for your assistance. Angela 6/3/2004 .!sd COWLES &THOMPSON A Professional Corporation􀁾􀀢􀀢􀀷􀀠ATTORNEYS AND COUNSELORS1978-2003 ANGeLA tlWASHiNGTON 21.lCMtM...!.!.I!'l"-l-!__ Karen A. Fleitman Independent Co-Executor By;____________ Cliff Rich Independent Co-Executor By:____________ Siavosh Jahani Independent Co-Executor NOTARY ACKNOWLEDGMENT STATE OF TEXAS ) COUNTY OF ) This instrument was acknowledged before me this..:if; zt day of 􀁾􀀠2003, by Karen A. Fleitman, Independent Co-Executor of the Estate Ja!IledSllllis, Deceased, on behalf of said Estate. !lAfIB,W. A.1IeCUNE MY COMMISSION EXPIRES sep!allbar 1,1!IlOII Notary Public, State. exas Print Narne: 􀁾􀀼􀀦􀀧􀁗􀁦􀁬􀁬􀁬􀀮􀀯􀁽􀁺􀁥􀁡􀁰􀁥􀀯􀀠Commission Expires: 􀀹􀀭􀀯􀀢􀀱􀀭􀁾􀀭􀀳􀀠zoo314 0 a3 4 7. 4 EXECUTED this '1 day Of_'-::f...::.-J.....,'!I'--___, 2003."'" ESTATE OF JAMES E. SAULS, DECEASED By:______􀁾_____ Karen A. Fleitman Independent Co-Executor 􀁂􀁙􀀻􀀡􀀱􀁾C' 'ch Independent Co-Executor By:______________________ Siavosh Jabani Independent Co-Executor NOTARY ACKNOWLEDGMENT 􀁳􀁾􀀭􀀭􀁾􀁾􀀭􀀭􀀭􀁲􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀁾COUNTY OF ) This instrument was acknowledged before me this 2003, by Karen A. Fleitman, Independent 􀁃􀁯􀀭􀁅􀁸􀁥􀁣􀀺􀀻􀁵􀁴􀀺􀀺􀁯􀁲􀀺􀀭􀀺􀁯􀀺􀀷􀀮􀁩􀁾􀁩􀀢􀀮􀀺􀀠Deceased, on behalf ofsaid Estate. Notary Public, State. ofTexas PrintNam . ommlssion Expires: _______ 200314 0 034 7 5 EXECUTE,D tbis5J1+h day of tJl.V'lt:. ,2003. ESTATE OF JAMES E. SAULS, DECEASED By:_____________ Karen A. Fleitman Independent Co-Executor By;_____________ CliffRich Independent Co-Executor By: \ 􀁓􀁩􀁡􀀡􀀻􀀻􀁾􀀧􀀢􀀠.. Independent Co-Executor NOTARY ACKNOWLEDGMENT S XAS ) COUNTY OF ). This instrument was acknowledged before me 􀁴􀁨􀁩􀁾􀁾􀁾􀁾􀀺􀀺􀀭􀀭􀀺􀀺􀁾􀀭􀀭􀀺􀀺􀀺􀁣􀀭􀀺􀁣􀀭􀀭􀀺􀀭􀀭2003 , by Karen A. Fleitman, Independent Co-Execut e Estate of James E, Sauls, Deceased, on behalf of said Estate. Notary Public, State ofTexas Print Name: STATE OF TEXAS ) COUNTY OF ) This instrument was acknowledged before me this 4# day of .. "\ ul d , 2003, by Cliff Rich, Independent Co-Executor of the Estate of 􀁊􀁡􀁭􀁥􀁾􀀬Deceased, on behalf of said Estate. This instrument was acknowledged before me this day of , , 2003, by Siavosh Jahani, Independent Co-Executor ofthe Est es E. Sauls, Deceased, on behalf ofsaid Estate. Notary Public, State of Texas 􀁾__..__􀁾__􀁾􀁾􀀭􀀭􀀮􀁐􀁥􀁮􀁾􀂷􀁮􀁾􀁴􀁦􀁩􀁎􀁾􀁡􀁭􀁾􀁥􀁾􀀺􀁾􀁾􀁾􀁾􀁾􀁾􀁾􀁾􀀽􀀽􀀽􀀠-zoo314n n'H. 77 COUNTY OF This instrument was acknowledged before me this day of 2003, by CliffRich, Independent Co-Executor of the Estate ofJames E. Sauls behalfof said Estate. Cornmi . Notary Public, State ofTexas Print Name: STATE OF TEXAS ) COUNTY OF ) This instrument was acknowledged before roe 􀁴􀁨􀁩􀁾􀁊􀁴􀁨day of (Tunt:.-, 2003, by Siavosh Jaham, Independent Co-Executor ofthe Estate ofJames E. Sauls, Deceased, on behalfofsaid Estate. . 􀁾􀁴􀀺􀁮􀀬􀁕􀁉􀀢􀀠UJ RepllbliO Title of Texas. Ino. 2626 Howell Street. 10th Floor Dallas TX 75204 Attn, Petricia A Sherman SNOS EASEMENT AGREEMENT This Agreement is made and entered into by and between Siavish Jahani and the Town of Addison, Texas (the "Town"). 2572043 􀀴􀀱􀀹􀀳􀀰􀀹􀁾􀀠$26.00 DeedWITNESSETH: 10/01/03 WHEREAS, Grantor owns certain real property located in the Town of Addison and described in Exhibit A attached hereto and incorporated herein (the "Easement Property"); and WHEREAS, the Town of Addison intends to construct an extension of Addison Road through the Town (the "Addison Road Extension Project"), part of which will be located upon and over the Easement Property; and WHEREAS, the Town desires to acquire an exclusive and perpetual easement and rightof-way in, over, across, upon, under and through the Easement Property for a parkway and other public purposes in counection with the construction ofthe Addison Road Extension, and Grantor desires to sell and convey such easement to the Town; NOW, THEREFORE, for and in consideration ofthe mutual covenants and agreements herein contained, Siavish Jahani and the Town ofAddison agree as follows: 1. Grant of Easement. For and in consideration ofthe sum set forth in 2. below in hand paid by the Town, the receipt and sufficiency of which is hereby acknowledged and confessed, Grantor has GRANTED, SOLD AND CONVEYED, and by theses presents does GRANT, SELL AND CONVEY unto the Town ofAddison, Texas, its successors and assigns, a perpetual and exclusive easement and right-of-way (the "Easement") in, over, across, upon, under and through the property described in Exhibit A and depicted on Exhibit B (the "Easement Property") (the said Exhibits being attached hereto and incorporated herein). 2. Consideration. This easement is granted, sold and conveyed in consideration of the Town's payment to Grantor ofthe sum ofThirty Four Thousand Three Hundred Thirty-Eight and 13/100 dollars ($34,338.13), the receipt and sufficiency of which is acknowledged as full compensation for the Easement, any damage to or diminution in value of the Remainder or any other lands or property belonging to Grantor that may be claimed or asserted by virtue of such grant, sale and conveyance and use ofthe Easement and the Easement Property by the Town, and to avoid the cost and expense of litigation. For purposes of this Agreement, the term "Remainder" shall mean that property described in attached Exhibit C, save and except the Easement Property. 3. Purpose ofEasement; Other Provisions. A. The Easement, together with all of its rights and privileges, may be used by the Town, its employees, contractors, agents, successors, and assigns in connection with activities relating to the construction, placement, installation, reconstruction, relocation, alteration, operation, use, inspection, maintenance, improvement, and modification of landscaping, irrigation, lighting, utility, sidewalk, or other parkway improvements, or for such other public purposes as the Town from time to time deems necessary, appropriate, or desirable in the Town's sole discretion, with respect to the Project. The Town may perform all excavation, boring, backfilling, embedding, drilling, grading, and other construction activities as the Town from time PARKWAY £ASEMENT(C.r6 Capri) -F.,t 1 􀁾􀁴f: 1045196 ,uuj I 9 4 U 3 47 4 to time deems necessary, appropriate, or desirable in the Town's sole discretion, with respect to the Project and the improvements within the Easement. The Town shall, at all times, have the right of ingress and egress to and from the Easement and the Easement Property as the Town may deem necessary, appropriate, or desirable. B. Grantor acknowledges and agrees as follows: (i) The Town may authorize and permit third parnes to use the Project on such terms as the Town in its sole discretion deems appropriate, but no third parnes, including the general public, shall acquire any rights in the Easement or the Easement Property as a result of such USe. (ii) Grantor shall not construct or place within the Easement Property any building, fences, wall, plant, or other structure, improvement, or growth of any character or type which would interfere, in the Town's sole determination, with the Easement, with the Project or with any improvements within the Easement. The Town shall have the right to remove, and keep removed, all or parts of any such building, fence, plant, or other structure, improvement or growth of any character or type that is located within the Easement Property and which, in the judgment of the Town, may endanger or in any way interfere with the construction, efficiency, or convenient and safe operation of the Project or the exercise of the Town's rights hereunder. C. Grantor, his successors and assigns, may fully use and enjoy the Easement Property, except that such use and enjoyment shall not hinder, conflict or interfere with the exercise of the Town's rights hereunder or with the safe and efficient operation ofthe Project. 4. Landscapinll & Irrillation. All landscaping and irrigation to be placed within the Easement Property shall be installed by and at the expense of the Town. Existing landscaping on the Easement Property or the Remainder that does not conform to the overall landscape plan for the Addison Road corridor may be removed by and at the expense of the Town. Grantor may review and make comments to the landscape plan for Grantee's consideration. 5. Light Relocatjon. Any existing ornamental lights to be relocated because ofor in connection with rights granted to or work performed by the Town under this Agreement shall be relocated by the Town at its sole cost and expense. 6. Drive Approaches. The two existing drive approaches located on the Easement Property and fronting Addison Road shall be reconstructed and properly graded by the Town at its sole cost and expense. 7. Signs. The Town may remove and replace any public signs or install any new public signs on the Easement Property. The Town shall remove one private pole sign located on the Easement Property and shall install one new private sign on the Easement Property. Such sign, which shall be provided and paid for by Grantor, must comply with all applicable law. The exact location ofthis private sign shall be mutually determined by the Town and Grantor. During its installation of the sign, the Town shall install electrical connections for the sign. Grantor shall be solely responsible for monthly electric bills and any other costs associated with the operation of the sign. Landscaping on the Easement Property shall be maintained by the Town in a maoner that will not obstruct visibility of the sign from the adjacent roadway. 8. Access. Construction shall be conducted in a maoner that will maintain or provide at least one point of access to Addison Road from the Remainder at all times during PA.RXWAY EASEMEh"'T (CIIl: Capri) -Pille 1 􀁾􀁴􀁩􀁬􀀧􀀺􀀠1G43196 􀁾􀀺􀁕􀀰􀀳􀀠I· 9 4 034. 75 construction. This access point must be reasonably graded to aliow adequate access to the Remainder by employees and patrons. 9. Warranty of Title. TO HA VB AND TO HOLD the Easement, together with all and singular the rights, privileges, and appurtenances thereto in anywise belonging, unto the Town of Addison, Texas, its successors and assigus; and Grantor does hereby bind himself, his representatives, successors, and assigns to WARRANT AND FOREVER DEFEND all and singular the Easement and rights conveyed in this instrument unto the Town of Addison, texas, its, representatives, successors, and assigns, against every person whomsoever lawfully claiming or to claim all or any part ofthe interest in the Property. 10. Exclusiveness of Easement. The easement, rights, and privileges granted by this conveyance are exclusive, and Grantor covenants not to convey any other easement or conflicting rights in the area covered by this grant. 11. Governinr Law; Venue. In the event of any action under this Contract, venue for all causes of action shall be instituted and maintained in Dallas County, Texas. The parties agree that the laws of the State of Texas govern the validity, construction, enforcement and interpretation of this Agreement; and, with respect to any conflict of law provisions, the parties agree that such conflict of law provisions shall not affect the application of the law of Texas (without reference to its conflict of law provisions) to the governing, interpretation, validity and enforcement ofthis Agreement. 12. Entire Arreement. This Agreement contains the entire agreement between the parties relating to its subject matter. Any oral representations or modifications concerning this Agreement shall be ofno furce and effect. Any subsequent amendment or modification must be in writing and agreed to by both parties. 13. Authority. The undersigned parties or officers andlor agents ofthe parties hereto are properly authorized and have the necessary authority to execute this Agreement, and each of the undersigned hereby certifies to the other that any necessary resolutions or other act extending such authority have been duly passed and are now in full force and effect. 14. Bindinr Effect. This Agreement shall bind and inure to the benefit of the respective parties, their personal representatives, successors, and assigns. GRANTOR: Executed this /5'rl--day of '-'h1.Ct :1 ,2003 s 􀁾􀁅􀀡􀁲􀀭􀀮􀀮􀀮􀁾􀀠.: Siavish Jahanl TOWN OF ADDISON Executed this 2.tj(l...dayof 􀁨􀀮􀁊􀀮􀁾􀀠,2003 ,;. 􀁾􀀠 By: R \. 􀀬􀀮􀀮􀁊􀁾􀁾􀀠,,-...-Al R01l\vh'i:;head, City Manager Town of Addison PARKWAY EASEMENT{C.U C.prl) -P're 3 Documcntll: 10015196 LOOH94 03476 STATE OF TEXAS § COUNTY OF DALLAS § BEFORE ME, the undersigned notary public in and for said county and state, on this is I;, day of '-')'[ c, 'I , 2003, personally appeared Siavish Jahani and acknowledged to me that he executed the same as his free and voluntary act and ,deed, for the uses and purposes therein set forth. GIVEN UNDER my hand and seal ofoffice the day and year last above written. Notary Public in and for the State ofTexas MY COMMISSION EXPIRES: I} -?>-c?> [SEAL] STATE OF TEXAS § COUNTY OF DALLAS § BEFORE ME, the undersigned notary public in and for said county and state, on this -::,-",-,-'_"--=:dayof /y 􀀧􀀿􀂱􀁲􀁾􀀻􀀬􀀭􀀬􀀠,2003, personally appeared Ron Whitehead, City Manager for the Town of 􀁁􀁤􀁤􀁩􀁳􀁾􀁮􀀬􀀠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 in and for the State ofTexas MY COMMISSION EXPIRES: :tJUJI! 9 4 () 347 7 l'AJIlCWAY IASE.'\fENT (Otff Capl1) -Pap" Dotumenl#. ]OOJ96 BIT A 1123102 TOWN OF ADDISON, TEXAS FIELD NOTE DESCRIPTION FOR JAMES E. SAULS (pARKWAY EASEMENT) BEING a tract out of a 0.774 acre tract of land located in the Edward Cook Survey, Abstract No. 326, in the Town of Addison, Dallas County, Texas, conveyed to James E. Sauls, by a deed now ofrecord in Volume 77153, Page 01028, of the Deed Records of Dallas County, Texas, said tract of land being more particularly descn'bed as follows: BEGINNING at a point for a comer, said point being the northeast comer of said 0.774 acre tract and the southeast comer ofa 1.00 acre tract of land conveyed to The Filling Station ofAddison, Inc., by a deed now of record in Volume 94100, Page 05577, of the Deed Records of Dallas County, Texas, and being in the west right-of-way line of Addison Road, (generally a 60 foot right-of-way and generally 30 foot to the center line), said point also being N 77° 25'12" E, 339.90 feet from a found 3/4 iron rod in the west right-of-way of St Louis Southwestern Railroad, (generally a 100 foot right-of-way); THENCE, Due South, along the east line of said 0.774 acre tract, and along the west right-of-way line of said Addison Road, a distance of 149.29 feet to a point for comer, said point being the southeast comer of said 0.774 acre tract; THENCE, S 89° 43 '30" W along the south line of said 0.774 acre tract, a distance of 8.64 feet to a found 1/2 inch iron rod indicating the northeast comer of a 1.0289 acre tract of land conveyed to Gartner-Plano Company, by a deed now of record in Volume 91248, Page 03622, of the Deed Records of Dallas County, Texas, and continuing S 89° 43'30" W along the south line of said 0.774 acre tract and along the north line of said 1.0289 acre tract for a Total Distance of 20.00 feet to a point for comer; THENCE, Due North for a distance of 149.29 feet to a point for comer, said point being in the north line of said 0.774 acre tract and in the south line of said 1.00 acre tract; THENCE, N 89" 43 '30" E along north line of said 0.774 acre and in the south line of said 1.00 acre tract for a distance 0[20.00 feet to the Point ofBeginning and containing 2,985.75 square feet (0.068 acres) ofland. lar.·· iii 94.1l.lJj , ,. . 03478 :5' n 􀁾􀁉􀀮􀀠__----------------􀁇􀁁􀁒􀁔􀁎􀁅􀁒􀀭􀁐􀁾􀁎􀁏􀀠COMP#jY VOl. 91248, PG. 3622 -r-----EDWARD COOK SURVEYIt\ ABST. NO, 326 JAMES E. SAULS VOl. 77153, PG. 1028 PROPOSED 20' PARKWAY EASEMENT 1/2" I.R.F._ ADDISON ROAD --------2,985.75 SO. FT. 0.068 ACRE'S 'THE FILUNG STATION. OF ADDISON, INC.It VOL. 94100, PG. 5577 5/a" I.R.F j'WI'QC$A TOWN OF ADDISON TEXAS ADDISON ROAD ---+SELT UNE RD. TO KELLER SPRINGS RD. BIRKHOFF. HENDRICKS &: CONWAY. LLP. JAN., 200221________________􀁾__________________________􀁾􀁾􀁅􀀺􀁘􀁈􀀺􀀺􀁉􀀺􀁂􀀺􀁉􀁔􀀺􀀽􀀭􀁂􀀭􀀭􀀭􀀭􀀭􀀭______􀁾______� �􀁊􀁬􀀺􀁾􀁃􀁏􀁾􀁎􀀺􀁓􀁕􀁾􀁌􀀡􀁾􀁎􀀺􀁇􀁾􀁅􀁾􀁎􀀺􀁇􀀧􀀺􀁎􀁅􀁾􀁅􀁾􀁒􀁓􀁾􀁟􀁊􀁾􀀮􀁾􀁰􀁾􀁾􀁲􀁾􀀬􀀲􀁾􀁗􀁾i::l .;:; . ' PARKWAY EASEMENT First American Title Insurance Company 􀁎􀁾􀀠u70258 0 OWNER POLICY OF 'ITl'LE INSURANCE Issued by FIRST AMERICAN TITLE INSURANCE COMPANY SUBJECf TO THE EXCLUSIONS FROM COVERAGE, TIlE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation, herein called Ihe Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding Ihe Amount of Insurance stated in Schedule A, sustained or incurred by Ihe insured by reason of: I. Title to Ihe estate or interest described in :Schedule A being .vestedolher !han as stated Iherein; 2. Any defect in or lien or 􀁥􀁮􀁣􀁵􀁭􀁢􀁾􀁣􀁥.􀀮􀀨􀀩􀁮􀀺􀂷􀁴􀁢􀁾􀀺􀁴􀁩􀁴􀁬􀁥􀀻􀀠3. Any statutory or constitutional 􀁾􀁨􀁡􀁮􀁩􀁣􀁾􀁳􀀮􀁣􀀺􀁏􀁮􀁴􀁲􀁡􀁣􀁴􀁯􀁲􀀧􀁳􀀬􀁯􀁲􀀠materiaIman's lien for labor or material having its inception On or before Dale of Policy;,.,. 4. Lack of a right of access to and from Ihe land; 5. Lack of good and indefeasible title. The Company also will pay Ihe costs, attorneys' fees and .expenses incurred in defense of Ihe title, as insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS HEREOF, Ihl? FIRST AMERICAN TITLE INSURANCE COMPANY has caused Ibis policy to be executed by its President under Ihe seal of Ihe Company, but this policy is to be valid only when it bears an authorized countersignature, as of the date set forlb in Schedule A. First Amtrican Title Insul'lll.lJCt: u,mpllnY ATTEST J?1114/£ 􀁾􀀠􀁂􀁙􀁁􀀷􀁊􀁾􀁎􀁔Secretary. FORM TI·CA: OWNER I'OUCY OF 1l'nE INSURANCE (I!FFECTIVE 414102) EXCLUSlONS FROM COVERAGE The: followlnt 􀁾􀁮􀁥􀁲􀁳􀀠are cxprculy excluded from the eovtrage of this, polky and lhe Company will not pay 10$.$ or damage. COl!l.$. attomey... ' fees< Ot 􀁾whieh ari$e by reuort of: 1. (a) Any law, ordinance or governmental reau!aOOn (including but not limited 11> building and zoning IaWJ, oroinat\C¢$. or reguia\ions) restricting, regulating. prohibiting or relating to (i) the occupancy, use. or enjoyment of the land; (Ii) lhe character. dimensIDns or location or any improvemcru now or hercaher erected on the land; (iii) a sc:pamtion in ownenhip or a c:hange in the dimensions or IItea of the lolnd or any parcel of whim !he land i! or was 8 part, or (tv) cnvironrn:::nw protection, or the 􀁣􀁲􀁲􀁥􀁾􀀠of any violation of these laws, ordin.imces or governmental regulations. CJl.cepl to the extent !hat a notice of the enforcement thereof or a notice of a defcct. lien or cncumbr:ance resulting from a violation or alleged violation affeetins the land has been rte¢rdtd in Ihc public records at Date of Policy. (b) Artj governmental poli" power not excluded by (a) above. except lQ the ex.tent that • notice of the cMreise thereof or • notice of a detect. lien or 􀁣􀁾􀁵􀁭􀁢􀁊􀀢􀁬􀀧􀁬􀁄􀁑􀀺􀀠result.ing from a violation or alleged violation aff¢:cting the land has been recorded in the public records at Dati: of Policy. 2. Rights of eminent domain unleu notioc of the cxc:rt:i:se thereof has been recorded in the public records at Date of Policy. but not excluding from coverage any tak.ing thaI Nu occurred prior to 􀁄􀁡􀁾􀀠of Pollc:y which would be binding on the ri,ght.1 of lit purthastr for value without knowlcd,F. 3'. Defects, liens. encumbrances, adverse claims or other mattcn: (a) eteated. 3Uffc:red. IWUmed or .gteed to by the insured 􀁥􀀱􀁡􀀱􀁭􀁡􀁮􀁾􀀠(tl) not known to the Company. not 􀁾in the. public record! at Date of Policy. but known lo th¢: insured claimant and not disl:losed in writing to the COmpLny by the insured clai.m.ant prioT to the date the Insured claimant be:camf: an insuted UMer lb. pol",,; (c) mullins: in no 10M or damage to the wured claimant; (d) altacbing or crcatctteSullins from thediSU'ibution of all or part of the assetS of the trust to the beneftciaries thereof, (b) "imurcd 􀁣􀁾􀁭􀀲􀀱􀁜􀁴􀀢􀀺􀀠an insured claitninsloss or damage. IC) "knowledge" or ''known'': actual knowledgt,. not COfI$tl'UCtive knowl«ige or notice. that may be imputed 10 an inwred by twon or the public reeotds as defined in th.is poticy or any od'te! tcrolds which impm constructive notice of moocn affecting the land, (d) "land": the land described or referred to' in Scbedule A. w improvemenLt affixedlhcretO' that by law conSliNte rca! property. The tcnn "l.and" docs not mcluck any property beyond lhc lines of the area described Of referred to in Sclw1u:le A. 􀁾􀁲􀀠any right, title, inlerest. estatl; or easement in abulting strceti. road" avenues, alleys, lanes. ways or waterWay.$', but nothing herein shall modlfy or limit the e;went to: which a right of 􀁾􀁳to tu\d. from the land is insured by this policy, (e) "mongage": mongag¢. deed of tnlst, trust deed. O'r other 5CCUrity wlnIm&::nt. (f) "public records": records e.$Utblished under 5&8tc staWIeS at Date of POlicy fDr the purpose of jmparting COOltt\letive nouce of matJ.er.l relating 10 rW property to pucclJas.ers fot value and withOUt knowledge. With reipCCt to Section l(a){iv) of thl:' Exclusions From Coverage, "pOOlic records" also sb.all include eDvi.roamental prorectlon liens flied in the records of the tlerk of the United Statcl dktric:l cOlIn £or the distril;'t in whicb the Iaod is located. (g) "access"; l.egal right of act6.U to tht.land and not lhe phy$icaJ condition ot aecess, The coverage provided as 10 :at.Oe.$$ dOC! nO! IWUre the: adCqua.cy of 􀀸􀁃􀁾􀀠ror the usc intended. 2. CONTINUATION OF INSURANCE AFTEk CONVEYANCE OF TrrU. The toV1:rage of this polley $hall COlltillue in force .as of Due of Policy tn favor of an in.s.umd only $0 long as the i.usUred retains an C1ll.iilte or inleren in the lanG, or bolds an indebtedness 5CC\lnId by a purchase money mongagt. given by it purehuer from the Insured. O'f only $0 long as the msunW shall have liability by nason of covenants of wammty made by the insured in any tnUlur or conveyaoee of the C1ltatc or interest. This poticy shall not: continue in foree in favor of any pUrcbasc:t from tbt insured of eilher (\) an estate or itltere$l in the land, or (ii) an inde:btcdoess stcurc4 by a purcl1asc money mongag.e given to' the insured. 3. NOTICE OF CLAIM TO BE GIVEN 􀁾􀁹􀀠INSUR£D CLAIMANT. The insured. shall notify the Compmy promptly in Writing (i) in case of any litigation as set fon.h. in Section 4(a) belOW, or (;1) in (2st! knowledge !bali come to All insured hereunder of any claim 0( tide or inlercsl that is adverte 10 the title to the ¢state or mtere.n, as insured. and that mighl cause los.s or damage for which the Company may be liable by virtue of this policy. If prompt notice shall not be givtn to the Cornpan)'. then as to the iruured all liability of the Company shall 􀁾􀁭􀁩􀀮􀁮􀁡􀁬􀁥􀀠with regard to the manu or matters for which prompl notice is requirai; pmvWe4. however. Iha,I failure to 1I$CClJting or dt.fcndi.ng the acti(ln Ot ptQCeeding, or effecting sett1emenl. and {ii) in any other lawful act that'in we opinion of the Company may b¢ lle<:CSsary or duitable to establiJb 1M title to the estate or illtere.1t as insured. 1f tbe Company is prejudiced by the fallure of the insured to furnish the *lUired coopuatlon. the Company'" ob1igations to lbc insured under the policy shalttcnninate. lnii;luding any liability or obligation to defend, 􀁰􀁾􀁴􀁣􀀮􀀠or continue an)' litigation. with regard to !he mau#r or maaers requiring sueh C;(IOperalion. S. PJl.OOF OF LOSS OR DAMAGE. In additioD to ar.i after !be ootice:& required undet Section 1 of these ConditiOR$ and Stipulations have been provided the Company, a proof of lo$S or damage signed and sworn to by the insured. claimant shail be furnished 10 the Company wilbin 91 days after the wurcd claimlwt shall ascertain the faru: &iving rile to the lou or damage. The proof of 10s5 or damage shaD dc$cribe the dt.fcct io. or lien or 􀁣􀀮􀁮􀁣􀁵􀁭􀁾on the title. or other matter inNred against by this policy lhat coostinues the basis of loss or damage and ,ha1) swe, to the extent possible. the bub of . caitula.ti:ng the amount of the loss or da.mage. 1£ the Compilny is prejudiced by the failure of the insured claimant to provide. the required proof of losll or damage. the Compeny's obligations to the insured under the policy sbaJ1 wtrIinale. including any liability or obJigAtion to defend. pmsecUle, or cootintJe any IlLigqrion, wjth rcgatd to the 􀁾􀁲or matters requiring such proof of Ion or dama$e. In addition. the insured claimant may reasonably b¢ rcquir«l to submit to eumination under 0, •(,) <.:> 􀀺􀀺􀁴􀁖􀁩􀁾􀀠6 t:: ii :i'.•• .-􀁾􀀠=;-􀁾􀁾􀁏􀀠􀁾􀀠o iii 􀁾􀀠 oS",Q. "i 070258 0 􀁾􀀼􀁬􀁖􀁅􀁒􀀠slIEn. Schedule A 1. Name of Insured: Town of Addison, Texas 2. The estate or interest in the land that is covered by this policy is: Non-Exclusive Easement 3. TItle to the estate or interest in the Jand is Insured as vested in: Town of Addison, Texas 4. The land referred to in this pOlicy Is descdbed as follows: Being a non-exclusive easement estate as set forth in Easement Agreement dated May 15, 2003, filed October 1, 2003, recorded in Volume 2003194, Page 3474, Deed Records, Dallas County, Texas, over 0.774 acres, more or less, situated in the Edward Cook Survey, Abstract No. 326, in the Town of Addison, Texas, said land being more particularly described on Exhibit A attached hereto and made a part hereof for all purposes. REPUBLIC TITLE OF TEXAS, INC. Countersigned at DALLAS, TEXAS 􀁾􀁾􀀮􀁾􀀮􀁾􀀠c 2k racr1c1a a. 􀁾􀁨􀁥􀁲􀁭􀁡􀁮􀀠Bruce,Vice President Aulhoriud CourlletslgruUure THIS POLICY IS INVALID hu) IOf", Y·l(h't. lfl/9l) UNLESS THE COVER SHEET P'ie 1 of $l;lId. A AND SCHEDULE 8 ARE ATTACHED. o.tllcr 1>1I11e), • fot. prucrtbed bt Shtt hlrll c( IlIulul'Ice of T!;uS FIRST AMERICAN TITLE INSURANCE COMPANY 070258 0 Exhibit A GF-Number 02R05320 BEING a tract out of a 0.774 acre tract of land located in the Edward Cook Survey, Abstract No. 326, in the Town of Addison, Dallas County, Texas, conveyed to James E. Sauls, by a deed now of record in Volume 77153, Page 01028, of the Deed Records of Dallas County, Texas, said tract being more particularly described as follows: BEGINNING at a point for a corner, said point being the northeast corner of said 0.774 acre tract and the southeast corner of a 1.00 acre tract of land conveyed to The Filling Station of Addison, Inc., by a deed now of record in Volume 94100, Page 05577, of the Deed Records of Dallas County, Texas, and being in the west right-of-way line of Addison Road, (generally a 60 foot right-of-way and generally 30 foot to the center line), said point also being N 77 degrees 25 minutes 12 seconds E, 339.90 feet from a found 3/4 iron rod in the west right-of-way of St. Louis Southwestern Railroad, (generally a 100 foot right-of-way); THENCE, Due South, along the east line of said 0.774 acre tract, and along the west right-of-way line of said Addison Road, a distance of 149.29 feet to a point for corner, said point being the southeast corner of said 0.774 acre tract; THENCE, S 89 degrees 43 minutes 30 seconds W along the south line of said 0.774 acre tract, a distance of 8.64 feet to a found 1/2 inch iron rod indicating the northeast corner of a 1.0289 acre tract of land conveyed to Gartner-Plano Company, by a deed now of record in Volume 91248, Page 03622, of the Deed Records of Dallas County, Texas, and continuing S 89 degrees 43 minutes 30 seconds W along the south line of said 0.774 acre tract and along the north line of said 1.0289 acre tract for a Total Distance of 20.00 feet to a point for corner; THENCE, Due North for a distance of 149.29 feet to a point for corner, said point being in the north line of said 0.775 acre tract and in the south line of said 1.00 aCre tract; THENCE, N 89 degrees 43 minutes 30 seconds E along north line of said 0.774 acre and in the south line of said 1.00 acre tract for a distance of 20.00 feet to the Point of Beginning and containing 2,985.75 square feet (0.068 acres) of land. NOTE: The Company is prohibited from insuring the area or quantity of the land described herein. Any statement in the above legal description of the area or quantity of land is not a representation that such area or quantity is correct, but is made only for informational and/or identification purposes and does not override Item 2 of Schedule B hereof. 214.672.2144 COWLES &THOMPSON A Professional Corporation ATTORNEYS AND COUNSELORS ANGELA K. WASHINGTON AWASHINGTON@COWI.ESTHOMPSON.COM October 3, 2003 Mr. Steve Chutchian Assistant City Engineer Town ofAddison -Service Center 16801 Westgrove Drive Addison, TX 75001 RE: Parcell (Cafe Capri), Addison Widening of Road Project Dear Steve: Enclosed for your files is the Purchaser's Closing Binder for the above-referenced property. Please let me know if you have any questions. Sincerely, 􀁾􀁶􀁲􀁲􀀺􀀯􀀿􀁊􀀭\ AngelaK. Washington 1 /' AKW/yjr Enclosure c(w/o Enclosure): Mr. Mike Murphy Mr. Kenneth C. Dippel, w/firm 90.1 MAIN STREET SUITE 40.0.0. DALLAS, TEXAS 75202<3793 o ALL A S T Y L E R TEL 214.672.200.0. FAX 214.672,2020 WWW.COWlESTHOM?SON.COM 􀁾􀀮􀀠'-.J Seller: Siavosh Jahani Purchaser: Town of Addison Property: Non-exclusive easement over 0.774 acres, more or less, tract of land situated in the Edward Cook Survey, Abstract No. 326, Town of Addison, Dallas County, Texas Closing: Tuesday, September 30, 2003 1. File-stamped copy of the Quit Claim Deed, recorded in Volume 2003140, Page 3473, Deed Records Dallas County, Texas 2. Non-Homestead Affidavit 3. Easement Agreement 4. Purchaser's Statement 5. Certification of Non-Foreign Status 6. Affidavit as to Debts and Liens and Parties in Possession 7. First American Title lnsursnce Company Commitment No. 003 with Deletion of Arbitration Provision Request 8. First American Title Insurance Company Owner's Policy No. (to be forwarded) lBOLDl Denotes items bC!ing re(:orded Republic Title of Texas, Inc. Patricia A. Sherman Bruce, Vice President GF NO. 02R05320/SJ7 F:\PATRICIA\OpeJ1\Z· Towl') ofAddisol1,\Closeti rllC1\()2rOSJZO (0?·;'l1).03}'111'11k:t. PUrdliU!eu.lm: 1 * "' I REPUBUC TITLE RECORDING INFORMATION REQUIRED RETURN RECORDER'S RECEIPT RECORDER'S RECEIPT Dallas Couoty RECORDING INFORMATION BELOW Including Volume & page OR County clerk file number AND Date and time of filing Received the following instrument of writing to be filed of record: Instrument: QUITCLAIM DEED Date: 7-21-03 From: Fleitman, e t......::i'::=::-:0(,' 􀀺􀀨􀀺􀁁􀁾􀀮􀀠I);> 0 r:c N0 c: 1.0 Z County Clerk or Deputy AFTER RECORDING MAIL TO: Republic Title of Texas, Inc. 2626 Howell Street, 10'" Floor Dallas, Texas 75204-4064 r-;) 02R05320 1m S"J"'7 t>d",,·v:c.... ..􀀭􀀭􀀧􀁾.. /<.-:' /. OIDT CLAIM DEED STATE OF TEXAS ) ) KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DALLAS ) That KAREN A. FLEITMAN, CLIFF RICH Ai"lD SIAVOSH JAHANI, Independent Co-Executors of the Estate of James E. Sauls, Deceased (hereinafter collectively, "Grantor"), for and in consideration ofthe sum ofTen and Noll 00 ($10.00) Dollars, the receipt ofwhich is hereby acknowledged, does, by these presents, BARGAIN, SELL, RELEASE AND FOREVER QUIT CLAIM unto SIAVOSH JAHANI ("Grantee"), whose mailing address is 4127 Rainsong Drive, Dallas, Texas 75287, any and all right, title and interest of Grantor in and to that certain tract or parcel ofland lying in the County ofSmith, State of Texas, described as follows: All that certain tract or parcel ofland situated in Dallas County, Texas, out of the E. Cook Survey, and located in the town of Addison, Texas, and Beginning at the southeast comer ofa lot in the same survey deeded by S. S. Noell to W. H. Atkins, on November 14, 1908; Thence west with the south line of same 251-1/2 feet to the east line ofthe St. Louis & Southwestern Railroad right ofway; Thence south with the said right ofway, 150 feet to a stake; Thence East 204-1/2 feet to the Noell public road; Thence north along the west boundary line ofsaid road 150 feet to the place ofbeginning (the "Property"); This deed is being executed by Grantor to evidence its waiver of any claims in and to the Property which may arise to any gaps, gores or strips within the Property due to discrepancies in the legal descriptions contained in the chain oftitle for the Property; TO HAVE AND TO HOLD the said premises, together with all and singular the rights, privileges and appurtenances thereto in any manner belonging unto the said Grantor, its successors and assigns, so that neither Grantor nor any person or persons claiming under Grantor shall, at any time hereafter, have claim or demand any right or title to the Property or any part thereof. ) EXECUTED 􀁴􀁨􀁩􀁳􀁾􀁤􀀠dayof 􀁾,2003. ESTATE OF JAMES E. SAULS, DECEASED 􀁂􀁹􀀺􀀭􀀬􀀭􀁋􀀧􀀭􀀧􀁾􀁾􀀺􀀾􀀭􀀮􀀮􀀭􀁲􀁍􀁾􀀢􀀭􀀬􀁯....::I::""-,-,oY\pyI,-,,,,,....,, ___ Karen A. tieiman Independent Co-Executor By;__􀁾􀀭􀀭􀀺􀀭________ Cliff Rich Independent Co-Executor By:____________ Siavosh Jahani Independent Co-Executor NOTARY ACKNOWLEDGMENT STATE OF TEXAS ) COUNTY OF ) This instrument was acknowledged before me this -.3!J zt day of /1 -J _.__ 2003, by Karen A. Fleitman, Independent Co-Executor ofthe Estate 􀁾􀀧􀁩􀁩􀀡􀁓􀀬􀀠Deceased, on behalf ofsaid Estate. IlARBARA A. McCUNE MY COMlollSSION EXPIRES 􀁾􀀱􀀴􀀮􀀲􀁉􀁊􀁉􀁬􀀳􀀠. Notary Public, State. exas Print Name: 􀁾􀀼􀀸􀁺􀁍􀀧􀀯􀁬􀀠/) .m(/.c:J:wt:.-Commission Expires: 9-/'/-1)3 !--. EXECUTED this &[ day of_--:J,-'--J.,11'--___" 2003. ESTATE OF JAMES E. SAULS, DECEASED By:.____________ Karen A. Fleitman Independent Co-Executor 􀁂􀁙􀀻􀁾􀀠Independent Co-Executor By:____________ Siavosh Jaharu Independent Co-Executor NOTARY ACKNOWLEDGMENT 􀁓􀁾􀁾__􀁾􀀭􀀭􀁾􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀁾􀀠COUNTY OF ) This instrument was acknowledged before me this 􀁟􀁾􀁟􀀠2003, by Karen A. Fleitma." Independent Co-Executor 0 c Deceased, on behalfofsaid Estate. Notary Public, State. ofTexas PrintNam .. ommlssion Expires: ________ ) EXECUTED 􀁴􀁨􀁩􀁾􀀠day of Ol.V'l"t.. ,2003. ESTATE OF JAMES E. SAULS, DECEASED By:_____________ Karen A. Fleitman Independent Co-Executor By;_____________ Cliff Rich Independent Co-Executor By: r\, 􀁓􀁩􀁡􀁾􀁾􀁾􀀠J Independent Co-Executor NOTARY ACKNOWLEDGMENT S XAS ) COUNTY OF ) This instrument was aclmowledged before me 􀁴􀁨􀁩􀀡􀁑􀀧􀁪􀁌􀀭􀀭􀀬􀀬􀀺􀀺􀁾􀁾􀀢􀁉􀁲􀁲_________ 2003, by Karen A. Fleitman, Independent Co-Execut e Estate ofJames E. Sauls, Deceased, on behalf ofsaid Estate. Notary Public, State ofTexas Print Name: STATE OF TEXAS ) COUNTY OF ) This instrument was acknowledged before me this q..w--day of '1\JIll , 2003, by Cliff Rich, lndependent Co-Executor ofthe Estate ofJames E. Sault Deceased, on behalf of said Estate. @lkaRd.W-kOtary 􀁐􀁵􀁢􀁨􀁾􀀬􀀠State of:: Print N2Jl1e: t..t;w,a, Rl·beA'3 Commission Expires: II 􀁾􀀠.9/-;;J-Oo/p This instrument was acknowledged before me this day of 2003, by Siavosh lahani, lndependent Co-Executor of the Est es E. Sauls, Deceased, on behalf ofsaid Estate. Notary Public, State of Texas Print Name: COUNTY OF ) This instrument was acknowledged before me this day of 2003, by Cliff Rich, Independent Co-Executor of the Estate of James E. Sauls ed,on behalf of said Estate. Notary Public, State of Texas Print Name: Com' . STATE OF TEXAS ) COUNTY OF ) This instrument was acknowledged before me 􀁴􀁨􀁩􀁾􀁍day of UlJ()t:.-, 2003, by Siavosh Jahani, Independent Co-Executor of the Estate of James E. Sauls, Deceased, on behalf of said Estate. 2 )NON-HOMESTEnu.J AFFIDAVIT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF DALLAS § BEFORE ME, the undersigned Notary Public, on this day personally appeared Siavosh Jahani, whom, after being by me duly sworn, upon oath deposes and says: That neither he or his wife now reside upon, use now in any manner, claim as either a business or residence homestead and has no present intention ofever in the future residing upon, using or claiming as either a business or residence homestead, and does hereby renounce and disclaim any homestead right in the property described to wit: Being a 0.774 acre tract of land, more or less, situated in the Edward Cook Survey, Abstract No. 326, in the Town ofAddison, Dallas County, Texas, which is a part of the property being more particularly described on Exhibit A attached hereto and made a part hereof for all purposes. That they now reside upon the property located at and described to wit: J(/d I 'r/.5 5 a.. ...,..,. gl 􀁾􀀠15 !it 􀁾􀀠􀁾􀀠:i:'---1/2" LR.F S 89'43'30" W 8,64' ADDISON ROAD------------:r: 􀁾􀀠..... --EDWARD COOK SURVEY ABST. NO. 326 JAMES E. SAULS VOL. 77153, PG, 1028 PROPOSED 20' PARKWAY EASEMENT 89'43'30" W 20.00' 2,985.15 SO. FT. 0.068 ACRES THE FILLING STATION OF ADDISON, INC, VOL. 94100. PG. 5577 . 5/6" I.R.FjW(OC$A E 'I I SCALE: 1 "=50' TOWN OF ADDISON TEXAS ADDISON ROAD ---t-BELT LINE RD. TO KELLER SPRINGS RD:' EXIUBIT B BIRKHOFF HENDRICKS &: CONWAY, U:'P. JAN., 2002:l.__________________􀁾______________________________􀁾􀀽􀀽􀀽􀀽􀀺􀀺__________________________L___􀁾􀁃􀁾􀁏􀀺􀁎􀀺􀁓􀁵􀁾􀁌􀁾􀁮􀀺􀁎􀁾􀁇􀁅􀀺􀁎� �􀀺􀀧􀁎􀀺􀁅􀀺􀁅􀀻􀁒􀁓􀁾__􀁾__p_LA_J_2_W___ . PARKWAY EASEMENT , •) EXHIBITC UUlNG atn<1 ofhlftd lilu'3.l(d illlh< hOWARU COOl( SUltVl:'\,. AUS"rRACr NO, lUI, llaU:lS C:l)Uftl),. TCl.••, kJcuttJ un Addl'$(ln !tuld in Inc T,lwn ul Addiosou. fuu.. 􀁾􀁬􀁶􀀮􀁉􀀠bein. mute p.tulC'l.ll:wI'/􀁤􀁾􀁊􀁩􀁢􀁣􀁴􀁬􀀠:u fOUII'I\T Ul;GlNNINO at '2 p.linl on 􀁬􀁢􀁾􀀠W(:;'!II line or UIU Addu,Oft Rn:ld {a (.0 (tXU ro.ad) l:1id plllt1 bciug J U,S • rcc' Nonn r'rlra Inc: ('(rner line uf 111:11 Line Road fa 100· IfJ"'.!), ",ill ",,1111 ab., beinl Nnflh l.S' from a U.lCl dcclkd 10 J. M. Pillule W'tlfdc.'41 in Volume "IS, raSe!< u:H uf 'he Deed RC'l''(m.l$ of Dallu CUUni)". TCUJ; nlnN(,E South U dClttU·n minutel SCI KC\IAdi Wnt 􀁾􀁬􀁬􀀧􀀠'With a wocd (<:",'c h) bon twfor nutler; TI mNCs. South wllb u;itl feMe I.'" to lion ,ud for cUllVrur the: South liM of J. M.ll'stolc u:Kl; nltsNCI! SQulh •• dc;rt:e.' 0 ftliruJlcslO JC!;onW We,1 'I\:iJh Ihe SOl&fb line of 'aid J. M.•􀁾􀁩􀀦􀀱􀁯􀁬􀁣􀀠bollet .,... IS' lO pun rod 1M COlnt, in the r!alt line (II SI. I.ovis "rid Sou!h""'ca1(,n 􀁉􀁾􀁩􀁬􀁷.. u ,U !lIC SQuth>C$l tOl"'O(i M I.W S. M. P4tulc tracl; TllllNCli North Ii dcptu 3£ ttlinulC.S 30,('('nPlls Wut """h lhe: I!.oul line uf laid taillO:td 'Si.D' IU ilOft rod for c.o.uet; TlmNCU tfI'lfU&S9 dtJ,fCaoil minuU:1 )0 SUOMS Em 2..9,".' 10 uon foci fM "lfI"Cf if:l \he WClt air.e of uid Addiluft Ru.ut; nmNCF. Soulh ..... jlll I.&W AddiJUn Itoad 141.50" ttl POINT OP Ot!.OINNING and (I)ol:linil'll 0.11" aIel or 31.7'3 sqW!fC fut. 4 􀀪􀀭􀀭􀁾􀀠REPUBLIC TITLE OF TEbS, INC. DATE: 09'r:;'6 /2 003 GF NO: 02R05320 SJ7 PURCHASER'S STATEMENT SALE FROM: SIAVOSH JAHANI SALE TO: TOWN OF ADDISON PROPERTY: 326-COOK, EDWARD SY .0774 AC ADDRESS: ADDISON, ADDISON, TEXAS PURCHASE PRICE: PER EASEMENT AGREEMENT 34,338.13$ PLUS: CHARGES $ EASEMENT $ 19.00 Fees to the Title Company: $ Courier $ ______􀁾􀁾􀁾􀀠 Owner title policy $ 439.00 Survey-amendment for owner title policy $ _______--'== DISCLOSURE REQUIRED BY ARTICLE 9.53, INSURANCE CODE. $ 75.73 TO FIRST AMERICAN TITLE INSURANCE COMPANY $ 429.12 TO REPUBLIC TITLE OF TEXAS, INC. $ DISCLOSURE INCLUDES TITLE PREMIUMS PAID BY ALL PARTIES. $ Tax Service to DATA TRACE INFORMATION SERVICES $ 70.38 $ $-----$ $ $-----$----$---􀀤􀀭􀀭􀀭􀀭􀁾􀀠$-- --$-----$---$-----$-----$ $-----$-----$-----$----$---$-----$----$-----$-----$ ----'--$ TOTAL CHARGES $ 619.23 GROSS -'''MOUNT DUE BY PURCHASER $ 34,957.36 LESS: CREDITS $-----$----$----$-----$ $-----$-----$ $ $ ----------------------------$ 􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀁾􀁔􀁏􀁾􀁔􀁁􀀭􀀭􀁌􀀠􀁾􀁒􀁅􀁄􀁉􀁔􀁓􀀠BALANCE DUE BY PURCHASER $ 34,957.36 􀁝􀁾􀁵􀁲􀁣􀁨􀁡􀁳􀁥􀁲􀀠unders tands the ClOSing or Escrow Agent has assembled this infomtafinrl representing the transaction froUl the hest infilmlolion available from other sources and cannot gUllmnlee the accuracy (hereof. Any reol estale agent Or lender involved may be rurnbhetln copy of tbis Stfllement. llurchnser lInderstnnds ihat fax and jnsurnllce proratiuns Bnd resen'es were b;kSetl on figures fur the preceding yenr or supplied hy uthers 01' estimates fot' current yehl\ and in the event nf any change fur cunent yeaI', 011 necessal)' adjustments must be made between Purchaser nnd Seller direct. The undersigned hereby Aulhorizes Closing OJ" Escrow Agent (0 maktt ex:pendilnres and dishursltnltlnts as shown ;khon nnd npproves saRle for payment. Tlle undersigned alsl,l acknowledge:> ret-ell.t ot Loan Funds, if applicllhh:, ill 'hI! amouut shown nbove lind receipt ttf .. cupy of this StnJeDleuC. SEE SIGNATURE ADDENDUM ADDENDUM ATTACHED. C TITLE OF 􀁾􀁾􀁓􀀬􀀠INC. ,f.;'(.'"t: 2f(f/SING OR ESCROW AGENT ADDRESS "Note: 􀁛􀁮􀁴􀁾􀁲􀁥􀁳􀁴􀀠on existing liens is figured to the date indicated. Ifnot paid by 􀁴􀁬􀁬􀁥􀁮􀁾􀀠addUional interest will hOlve to be collected and your statement will he adjusted to have sufiident funds to secure relense from the lienholder. Inn 􀁨􀁾􀁴􀀮􀀠of [n,ijranCIl fllrlll Mo. 1-61 CAfE. IO/Ol/2Q{)3 lUH; idS ..fI '>---./'-....,•../-..J' CERTIFICATION OF NONFOREIGN STATUS (I NDlVlDUAL) ESCROW FILE NO. 􀀭􀀢􀁏􀀢􀀬􀀲􀁒􀁾􀁏􀀢􀀢􀀵􀀢􀀬􀀳􀀬􀀢􀀬􀀬􀀲􀀬􀀬􀀬􀁏__________ TRANSFEROR/SELLER: 􀁾􀁓􀁾􀁉􀁾􀁁􀁖􀁾􀁏􀁾􀁓􀁾􀁈􀁾􀁊􀁾 􀁁􀁾􀁈􀁁􀁾􀁎􀁾􀁉􀁾_____________􀁾_____ TRANSFEREE/BUYER: _􀁾􀁔􀁏􀁾􀁗􀁎􀁾􀁏􀁾􀁆􀁾􀁁􀁾􀁄􀁾􀁄􀁾􀁉􀁓􀁾􀁏􀁾􀁎􀁾_________________ Section 1445 of the Internal Revenue Code provides that a Transferee (Buyer) of a U.S. real property interest must withhold tax if the Transferor (Seller) is a foreign person. To inform the Transferee that withholding of tax is not required upon my disposition of a U.S. real property interest, I the abovereferenced Transferor, hereby certify the following: 1. I am not a non-resident alien for purposes of U.S. income taxation; 2. My U. S. taxpayer identifying number is 577-70 􀁾􀀠35 Y2., _______{Social Security Number); and 3. My home address is: C/o-7 /l. 1:,-, -,;f -(j ND= f) Ii... 12/]lA..IJ 􀁾􀀮􀀠(J f.,( 􀁺􀁓􀁾g 7 I understand that this certification may be disclosed to the Internal Revenue Service by the Transferee and that any false statement I have made here could be punished,by fine, imprisonment, or both. Under penalties of perjury, I declare that I have examined this certification and to the best of my knowledge and belief, it is true, correct, and complete. Exec u ted e f f ect i ve this 24th day 0 f 􀀭􀀭􀀭􀀢􀁓􀀢􀀬􀁥􀀢􀀬􀁰􀀢􀀬􀁴􀁯􀀻􀀻􀁥􀁃􀀡􀀡􀁊􀁭􀁢􀁾􀁥􀁲􀀢􀀭􀀭􀀭______ 20 03 SEE SIGNATURE ADDENDUM ATTACHED CERTIFICATION OF NONFOREIGN STATUS SIGNATURE AD, )DUM -.jTO CERTIFICATION OF NONFOREIGN STATUS GF NO. 02R05320 SJ7 Seller: Siavosh Jahani Purchaser: Town of Addison Property: Non-exclusive easement over 0.774 acres, more or less, tract of land situated in the Edward Cook Survey, Abstract No. 326, Town of Addison. Dallas County, Texas Closing: Wednesday, September 24, 2003 􀁾􀁾􀁴􀀵􀁾􀁾􀀠Siavosh Jahani Social Security No. 577-70..-]SY2 6 } AFFIDAVIT AS TO DEBTS AND LIENS AND PARTIES IN POSSESSION (INDIVIDUAL OWNER) GFNo.: 02R05320/SJ7 SUBJECT PROPERTY: Being a 0.068 acre tract ofland, more or Jess, situated in the Edward Cook Survey, Abstract No. 326, in the Town ofAddison, Texas, which is a part of the property being more particularly described on Exhibit A attached hereto and made a part hereof for all purposes, and also being described in the commitment issued under the above-referenced Gfno. OWNER: Siavosh Jahani SALE TO: Town of Addison STATE OF TEXAS COUNTY OF DALLAS BEFORE ME, the undersigned authority, on this day personally appeared the undersigned Affiant, personally known to me to be the person whose name is subscribed hereto and upon oath deposes and says that: 1. To the best knowledge and beliefofAffiant: a. The charges for all labor and materials that may have been furnished to the property or to the improvements thereon have been fully paid; b. All contracts for the furnishing oflabor or materials to the property or for improvements thereon have been completed and fully paid; and c. There are no security agreements or leases affecting any goods or chattels that have become attached, or that will at any later date become attached, to the property or improv,ements thereon as fixnlfes that have not been fully performed and satisfied, which are not shown on the referenced title commitment; except the following: SECURED PARTY APPROX]MATE AMOITNT NONE N/A d, 111ere are no loans ofany kind on the property, which are not shown on the referenced title commitment, except the following: CREDITOR APPROX]MATE AMOUNT NONE N/A e. There are no brokers that have a signed commission agreement with Owner under which a commission is claimed or eamed and has not been paid, which are not shown on the settlement statements, except the following: CREDITOR Am'ROXlMATE AMOUNT F:\l'ATruCIA\Opell\Z. TOwn I)fAddison\02r05320\Amd.:!.vit. Gmmon (or IndivlduuLdoc NONE N/A 2. Affiant has no knowledge ofa notice ofchange ofuse nor has Affiant received a notice of change ofuse by the appraisal district. 3. Affiant has no delinquent child support payments, and has no knowledge ofnor has received any notice of a claim for or lien to secure such payments, except: 4. The property is my sole eparate property/community property (strike one); 􀁾􀁳􀀠not (strike one) p residential or business homestead. 5. The property is currently being used for the following purposes, which to the best knowledge and belief of Affiant do not violate any restrictive covenants affecting the property: __________________________________________________ 6. Affiant's marital status is married 􀀯􀁾􀀮(strike one). 7. There are no proceedings involving Affiant, or notice to Affiant ofany proceedings, by any agency or authority, public or private, that levies taxes or assessments, which may result in taxes or assessments affecting the property and which are not shown by the referenced title commitment. 8. There are no Judgments, Federal Tax Liens, or State Tax Liens against Affiant and/or the property. 9.(a) All ad valorem and personal property taxes (if any), all "use" type business taxes (if any), and all association/maintenance type taxes or assessments (if any) that are currently due and payable have been paid or will be paid at closing and are shown on the settlement statements. (b) Any ofthe above referenced taxes which are the obligation ofAffiant and which have been prorated on the settlement statements are based on information approved by Affiant. 10. Affiant is the only occupant of the property, exce t (list any leases): ______________ F:\PATRICIA\Opcn\Z. Town ofAddison\02r1}SnO\Affidlvi! -Grnntor's ror 􀁉􀁮􀁤􀁩􀁶􀁩􀁤􀁬􀁬􀁾􀁬􀀮􀁤􀁯􀁣􀀠 i 11. There are no unrecorded contracts, deeds, mortgages, mechanic's liens, or options affecting the property or improvements thereon, which are not sham on the referenced title commitment, except the following: 􀀭􀀭􀀭􀀭􀀭􀀭􀁴􀀯􀁲􀁈􀁾􀁦􀀭􀀱􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀮􀀠12. No proceedings in bankruptcy or receivership have been instituted by or against Affiant, and Affiant has never made an assignment for the benefit of creditors. 13. To the best knowledge ofAffiant, Owner is not indebted to the State of Texas for any penalties or wages pursuant to a final order ofthe Texas Work Force Commission. TInS affidavit is made to the Purchaser and/or Lender and to Republic Title ofTexas, Inc., as an inducement Ie them to complete the above referenced transaction, and Affiant realizes that said Purchaser and/or Lender and Republic Title ofTexas, Inc. are relying upon the representations contained herein; and Affiant does hereby swear under the penalties ofpeIjnry that the foregoing information is true and correct in all all respects, to the best knowledge and belief ofAffiant. EXECUTED effective as of (), day of 5"e/,rt=, 2003. " 􀁟􀁾__􀁾􀁾􀁴􀁾􀁜􀁟􀀠-Siavosh Jahani \J STATE OF TEXAS COUNTY OF SWORN TO AND SUBSCRIBED BEFORE-ME on /;) day of􀁾2003, by Siavosh Jahani. {NOTARIAL SEAL} ------"...-.....-,--""'...- ., .--"""'" 􀁾..,""""" I( •••􀀭􀀺􀀮􀁾􀀮􀀬􀀠'.;"" CHUCK ru;JOV<..... \Iii ....,6. 􀀼􀀧􀀼􀀺􀁾􀀠NotarY PuI>IIO Notary Public 0􀁾􀀠• IP' •:: STAlE orTEXASI 􀁜􀁾􀀠...#?QlmmI$SklflEllpl....01I021O'.J 􀁾􀀮􀀠Of' .') ...........􀁾 \_--------_....-.,-- 1/2310::j TOWN OF ADDISON, TEXAS FIELD NOTE DESCRIPTION FOR JAMES E. SAULS (pARKWAY EASEMENT) BEING a tract out of a 0.774 acre tract of land located in the Edward Cook Survey, Abstract No. 326, in the Town of Addison, Dallas County, Texas, conveyed to James E. Sauls, by a deed now of record in Volume 77153, Page 01028, of the Deed Records ofDallas County, Texas, said tract ofland being more particularly descnbed as follows: BEGINNlNG at a point for a corner, said point being the northeast comer of said 0.774 acre tract and the southeast comer ofa 1.00 acre tract of land conveyed to The Filling Station ofAddison, Inc., by a deed now of record in Volume 94100, Page 05577, of the Deed Records of Dallas County, Texas, and being in the west right-of-way line ofAddison Road, (generally a 60 foot right-of-way and generally 30 foot to the center line), said point also being N 77° 25'12" E, 339.90 feet from a found 3/4 iron rod in the west right-of-way of St Louis Southwestern Railroad, (generally a 100 foot right-of-way); THENCE, Due South, along the east line of said 0.774 acre tract, and along the west right-of-way line of said Addison Road, a distance of 149.29 feet to a point for comer, said point being the southeast comer of said 0.774 acre tract; THENCE, S 89° 43'30" W"along the south line ofsaid 0.774 acre tract, a distance of 8.64 feet to a found 1/2 inch iron rod indicating the northeast comer of a 1.0289 acre tract of land conveyed to Gartoer-Plano Company, by a deed now of record in Volume 91248, Page 03622, of the Deed Records of Dallas County, Texas, and continuing S 89° 43'30" W along the south line ofsaid 0.774 acre tract and along the north line of said 1.0289 acre tract for a Total Distance of20.GO feet to a point for corner; THENCE, Due North for a distance of 149.29 feet to a point for comer, said point being in the north line of said 0.774 acre tract and in the south line ofsaid 1.00 acre tract; THENCE, N89° 43 '30" E along north line of said 0.774 acre and in the south line ofsaid 1.00 acre tract tract for a distance of20.00 feet to the Point ofBegmrung and containing 2,985.75 square feet (0.068 acres) ofland. 􀁊􀁾􀀱􀀯􀁾􀁾􀀠 JAN, Z f'J ZOO Z 7 ., COl'lIl'fllTMENT F<' ilTLE INSURANCE Issued by ;\MEH,; f' • -1 'I· First flnurzca:n ce Company THE FOLLOWING COMMITMENT FOR TITLE INSURANCE IS NOT VALID UNLESS YOUR NAtVlE AND THE POlley AMOUNT ARE SHOWN IN SCHEDULE A, AND OUR AUTHORIZED REPRESENTATNE HAS COUNTERSIGNED BELOW, We, Hrst American TItle Insuronce Company, will issue our title 1ns!1faDce policy or policies (the Policy) to You (the proposed insured) upon payment of the premium and other charges due, and compliance with the requirements in Schedule B and Schedule C. Our Policy will be in the form approved by the Texas Department of Insurance at the date of issuance, and will insure your interest in theland described in Schedule A The estimated premium for our Policy and applicable endorsements is shown on Schedole D, There may be additional charges such as recording fees, and expedited delivery expenses, . This Commitment ends ninety (90) days from the effective date, noless the Policy is issued sooner, or failure to issue the Policy is our fault Our liability and obligatio,", to you are under the express terms of this Commitment and end when this Commitment expires.. In witness whereof, the Company has caused this commitment to be signed and sealed as of the effective dste of commitment as shown in Schedule A, the commitment to become valid and binding ooly when countersigned by an authorized signatory. ATTEST FirstAmericait. Title Insurance Company By: 􀁾􀀠􀁾􀁾􀀮􀀬􀀺􀁤􀀭􀁾'PRESIDENT ISsUING AGENT * REPUBUC TITLE :2626 Howell 􀁓􀁾􀁦􀀮􀀮􀀠10th Floot' Dallas; Texas 75204 Authoriud SignllJln'l:l(214) 8SSw8SS8 fax (214) 􀀸􀀵􀀵􀁾􀀸􀀮􀀸􀀴􀀸􀀠l:Ur!!.IJJHV"" d.ND STIPULATIONS l. If you.have acruallmowledge of any matter which may affect the title or mortgage covered by this Commitment, that is not shown in Schedule B, you must notify us in writing. If you do not notify us in writing, our liability to you is ended or reduced to the extent that your failure to notify us affects our liability. If you do notify us, or we learn of such matter, we may amend Schedule il. but we will not be relieved of liability . already incurred. 2. Our liability is ooly to you, and others who are included in the definition of Insured in the Policy to be issued. Our liability is ooly for actual loss incurred in your reliance on this Commitment to comply with its requirements or to acquire the interest in the land. Our liability is limited to the amount shown in Schedole A of this Commitment and will be subject to the following tefIllS of the Policy: Insuring Provisions. Conditions and Stipulations, Exceptio,", and Exclusions. . FORM 1.'-7 CA ComrnitmClH for TItle insurance (Q4..04...02) . ! ] COHIHTHEIIT NUHBEII -4 P ,E PRICE 1 EffECTIVE DATE l PROPEIITY TYPE 5COMMI fMENT: 3 COUNTY 6 LOAH N40UHT 003 1 CI , 3 4 34,338.13 5 s 6 08/08/2003 7 • 9 FIRST AMERICAN TITLE INSURANCE COMPANY 􀁅􀁾􀁥􀁣􀁴􀁩􀁶􀁥􀀠Date: Commitment No. SCHEDULE A August 8, 2003 GF No. 02R05320 -"-0-"0-=3'---__________ , issued Sept ember 26, SJ7 2003, 08: 00 AM. 1. The policy or policies to be issued are: (a) OWNER POLICY OF TITLE INSURANCE (Form T-1) (Not applicable for improved one-to-four family residential real estate) Proposed Insured: Town of Addison $ 34,338.13 (b) TEXAS RESIDENTIAL OWNER POLICY OF TITLE INSURANCE --ONE-TO-FOUR FAMILY RESIDENCES (Form T-1R) Proposed Insured: $ (c) MORTGAGEE POLICY OF TITLE INSURANCE (Form T-2) Proposed Insured: $ Proposed Borrower: (d) TEXAS SHORT FORM RESIDENTIAL MORTGAGEE POLICY OF TITLE INSURANCE (Form T-2R) $ Proposed Insured: Proposed Borrower: (e) MORTGAGEE TITLE POLICY BINDER ON INTERIM CONSTRUCTION LOAN (Form T-13) $ Proposed Insured: Proposed Borrower. (f) OTHER $ Proposed Insured: TITLE OF ?f:-.fc. Countersigned at DALLAS, TEXAS. 1t:(,: c U _􀀶􀁾􀀠p tricia A. Sherman Bruce,Vice President Authorized Signatory This commitment is in\lalid unless the insuring provisions and SchedSchedule A--Page 1 ules A, 8, and Care allached. TellH Oept. of 􀁛􀀢􀀤􀁵􀁲􀁾􀁬􀁉􀁣􀁥􀀠For m No. T-1 DATE: 10/01/2003 T1HE: 10:11 AH FIRST 􀁾􀁾􀁅􀁒􀁉􀁃􀁁􀁎􀀠TITLE INSURANCE COMPANY 003 SCHEDULE A 2, The interest in the land covered by this Commitment is: Non-Exclusive Easement (to be created) 3, Record title to the land on the Effective Date appears to be vested in: SIAVOSH JAHANI 4, Legal description of land: Being a non-exclusive easement estate created over 0,774 acres of land, more or less, situated in the Edward Cook Survey, Abstract No,326, in the Town of Addison, Texas, said tract being more parCicularly described on Exhibit A attached hereto and made a part hereof for all purposes, hlhn llept. of 􀁨􀁉􀁈􀁉􀁎􀀢􀁃􀁾􀀠for", He. ,-I Schedule A··Page 2 VATE: llllCl/tIIOl UHf: lOtH AI! ) FIRST AMERICAN TITLE INSURANCE COMPANY 003 Exhibit A GF-Number 02R05320 BEING a tract out of a 0.774 acre tract of land located in the Edward Cook Survey, Abstract No. 326, in the Town of Addison, Dallas County, Texas, conveyed to James E. Sauls, by a deed now of record in Volume 77153, Page 01028, of the Deed Records of Dallas County, Texas, said tract being more particularly described as follows, BEGINNING at a point for a corner, said point being the northeast corner of said 0.774 acre tract and the southeast corner of a 1.00 acre tract of land conveyed to The Filling Station of Addison, Inc., by a deed now of record in Volume 94100, Page 05577, of the Deed Records of Dallas County, Texas, and being in the west right-of-way line of Addison Road, (generally a 60 foot right-of-way and generally 30 foot to the center line), said point also being N 77 degrees 25 minutes 12 secondsE, 339.90 feet from a found 3/4 iron rod in the west right-of-way of St. Louis Southwestern Railroad, (generally a 100 foot right-of-way) ; THENCE, Due South, along the east line of ·said 0.774 acre tract, and along the west right-of-way line of said Addison Road, a distance of 149.29 feet to a point for corner, said point being the southeast corner of said 0.774 acre tract; THENCE, S 89 degrees 43 minutes 30 seconds W along the south line of said 0.774 acre tract, a distance of 8.64 feet to a found 1/2 inch iron rod indicating the northeast corner of a 1.0289 acre tract of land conveyed to Gartner-Plano Company, by a deed now of record in Volume 91248, Page 03622, of the Deed Records of Dallas County, Texas, and continuing S 89 degrees 43 minutes 30 seconds W along the south line of said 0.774 acre tract and along the north line of said 1.0289 acre tract for a Total Distance of 20.00 feet to a point for corner; THENCE, Due North for a distance of 149.29 feet to a point for corner, said paint being in the north line of said 0.775 acre tract and in the·south line of said 1.00 acre tract; THENCE,.N 89 degrees 43 minutes 30 seconds E along north line of said 0.774 acre and in the south line of said 1.00 acre tract for a distance of 20.00 feet to the Point of Beginning and containing 2,985.75 square feet (0.068 acres) of land. NOTE, The Company is prohibited from insuring the area or quantity of the land described herein. Any statement in the above legal description of the area or quantity of land is not a representation that such area or quantity is corr.8ct, but is made only for informational and/or identification purposes and does not override Item 2 of Schedule B hereof. DATE: 10/01/2003 TlHE: 10:11 AH FIRST AMERICAN TITL 􀁾􀁓􀁕􀁒􀁁􀁎􀁃􀁅􀀠COM?ANY COMMITMENT FOR TITLE INSURANCE NO.:-=-_-JO.lJ,Qw3'--_________ SCHEDULES EXCEPTIONS FROM COVERAGE In addition to the Exclusions and Conditions and Stipulations. your Policy will not caver loss, costs, attorney's fees and expenses resulting from: 1, [Intentionally Omitted] 􀀲􀀮􀁁􀁾􀁾􀁾􀁾􀁬􀁉􀀡􀁾􀁧􀁾􀁾􀁾􀁾􀁾􀀠􀁾􀁾Shortages in Area. (Will be amended in owner's policy only upon receipt of required additional premiums,) 3. Homesteador community property or survivorship rights, if any, of any spouse of any insured. (Applies to the Owner Policy only,) 4. Any titles or rights asserted by anyone, including, but not limited to, persons, the public, corporations, governments or other entities: a. to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams, lakes, bays, gulfs or oceans, or b. to lands beyond the line of the harbor or bulkhead lines as established or changed by any government, or c. to filled-in lands, or artificial iSlands, or' d. to statutory water rights, including riparian rights, or e. to the area extending from the line of mean low tide to the line of vegetation, or the rights of access to that area or easement along and across that area. (Applies to the Owner POlicy only.) 5. Standby fees, taxes and assessments by any taxing authority for the year 2003, and subsequent years; and subsequent taxes and assessments by any taxing authority for prior years due to change in land usage or ownership, but not those taxes or assessments for prior years because of an exemption granted to a previous owner of the property under Section 11,13, Texas Tax Code, or because of improvements not assessed for a previous tax year. (1fT exas Short Form Residential Mortgagee Policy (T-2R) is issued, that policy will substitute "which become due and payable SUbsequent to Date of Policy" in lieu of 'for the year 2003 and subsequent years.") 6. The terms and conditions of the documents creating yeur interest in the land. 7. Materials furnished or labor performed in connection with planned construction before signing and delivering the lien document described in Schedule A, if the land is part of the homestead of the owner. (Applies to the Mortgagee Tale Policy binder on Interim Construction Loan only, and may be deleted if satisfactory evidence is furnished to us before a binder is issued.) 8. Liens and leases that affect the title to the land, but that are subordinate to the lien of the insured mortgage. (Applies to Mortgagee Policy (T-2) only.) 9. The Exceplions from Coverage and Express Insurance in Sehedule B of the T exes Short Form Residential Mortgagee Policy (T-2R). (Applies to Texas Short Form Residential Mortgagee Policy (T·2R) only. Separate exceptions 1 through 8 of this Schedule B do not apply to the Texas Short Form Residential Mortgagee Policy (T-2R). 10. The following matters and all terms ofthe documents creating or offering evidence of the matters ry;e must insert matters or delete this ""ceplion.): a. Terms, conditions and provisions set forth in Easement Agreement dated September24, 2003, filed October 2003, Deed Records of Dallas County, Texas. [12] GATE: 10l!HIZOllJ ftHh 1Udl All FIRST 􀁾􀁾􀁅􀁒􀁬􀁃􀁁􀁎􀀠TITLE :JRANCE COMPANY , ) COMMITMENT FOR TITLE INSURANCE NO.__􀀭􀀭􀀭􀀧􀁑􀀢􀀢􀁑􀁷􀀳􀁾_________ SCHEOULEC Your Policy will not cover loss, costs, attorneys fees, and expenses resulting from the following requirements that will appear as Exceptions in Schedule B of the Policy, unless you dispose of these matters to our satisfaction, before the date the Policy is issued: 1. Documents creating your title or interest must be approved by us and must be signed, notarized and filed for record. 2. Satisfactory evidence must be provided that: -no person occupying the land claims any interest in that land against the persons named in paragragh 3 of Schedule A, -all standby fees, taxes, assessments and charges against the property have been paid, • all improvements or repairs to the property are completed and accepted by the owner, and that all contractOrs, subcontractors, laborers and suppliers have been fully paid, and that no mechanic's, laborers or materialmen's liens have attached to the property, -there is legal right of access to and from the land, -(on a Mortgagee Policy only) restrictions have not been and will not be violated that affect the validity and priority ofthe insured mortgage. 3. You must pay the seller or borrower the agreed amount for your property or interest. 4. Any defect, lien or other matter that may affect title to the land or interest insured, that arises or is med after the effective date of this Commitment. 5. With respect co item 2 of Schedule C above, the Company will noc except in any policies Co be issued pursuant co this commitmenc Co 'Lack of a righc of access to and from the land'. [5] 6. NOTE, In accordance with 'Procedural Rule P-27' of the Basic Manual of Rules, RaCes and Forms for the Writing of Title Insurance in che State of Texas, Company requires closing funds in excess of 1,499.99 be remitted in the form of wire transfer, cashier's check or certified check. [8J 7. Exclud1ng the language 'Shortages in Area', item 2 of Schedule B will be deleted, provided provided that we are furnished with an acceptable survey and applicable premium and chac excepCion may be made in the Policy to matCers shown by the survey. [9] OAfE; 1:1/0112003 Hilf; 10d1 AM FIRST AMERICAN TITLE INSURANCE COMPANY SCHEDULE D No: 003 Page 1 GF-Number: 02R05320 The following disclosures are made pursuant to Procedural Rule P-21 promulgated by the State Board of Insurance: You are entitled to receive advance disclosure of settlement charges in connection with the proposed transaction to which this Commitment relates. Upon your request, such disclosure will be made to you. Additionally, the name of any persoD I firm, or corporation receiving any sum from the settlement of this transaction will be disclosed on the closing or settlement statement. You are further advised that the estimated title premium * is; Owner Policy $ 439.00 Mortgagee Policy $ Endorsement charges $ Total $ 439.00 Of this amount: 15.000% will be paid to the policy issuing Title Insurance Company; 85.000% will be retained by the issuing Title Insurance Agent; and the remainder of the estimated premium will be paid to other parties as follows: none to other parties * The estimated premium is based upon information furnished us as of the date of this Commitment for Title Insurance. Final determination of the amount of premium will be made at closing in accordance with the Rules and Regulations adopted by the State Board of Insurance. UNDERWRITER First American Title Insurance Company, A California Corporation (wholly owned subsidiary of a public company) . DIRECTORS: Gary J. Beban, J. David Chatham, William G. Davis, Craig 1. DeRoy, James L. Doti, Lewis W. Douglas, Jr., Paul B. Fay, Jr., Donald P. Kennedy, Parker S. Kennedy, Gary L. Kermott, Thom?s A. Klemens, John W. Long, Herbert B. Tasker, Frank E. O'Bryan, James M. Orphanides, Roslyn B. Payne, D. Van Skilling, Virginia M. Ueberroth, Martin R Wool OFFICERS: Chairman of the Board: Parker S. Kennedy; Vice Chairman of the Board: Donald P. Kennedy; President: Gary Lewis Kermott; Vice President Thomas A. 􀁾􀁥􀁭􀁥􀁮􀁳􀀻􀀠Vice President, Secretary, Corporate Counsel: Mark R. Arnesen; Vice' President, General Counsel: Timothy P. Sullivan; Vice President, Chief Financial Officer: John R. Thoma; Regional Vice President: Tom E. Blackwell DIRECT OPERATIONS: Republic Title of Texas, Inc. (Dallas, TX) William A. Kramer, Chairman of the Board Ward l1illiford, Vice Chairman Paul A. Pulliam, Chief Executive Officer David A. Shuttee, President and Chief Operating Officer Dennis Eastland, Secretary/Treasurer * -* -.:.. REPUBLIC TITLE OJ< l'EXAS, INC. a Subsidiary of PRIVACY POLICY of Republic Title of Texas, Inc. REPUB Lie TITLE and its underwriters, First American Title Iwurance Company, Chicago Title Insurance Company, Lawyers Title Insurance Corporation, Title Insuranct! Company of America (TICA), Tieor Title Insurance Company, Commonwealth Land Title Insurance Company, Old Repuhlic Natiomtl Title Iwurance Company We Are CnmmiUt!d to Safeguarding Custumer Infom13tion In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information -particularly any personal or financial information. We agree tbat you have a right ro know how we will utilize [Ite personal information you provide to us. Therefore, together with ou[ parent company, The First American Corporation, and advicc from our other underwriLers, we hove adopLcd Ihis Privacy Policy to govern the use and handling: of your personal infomla(ioll. Applienbility This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American and our other underwriters have also adopted broader guidelines that govern our use of personal information regardless of its Source. First American, for example calls these guidelines its Fair In/onnation Values, a copy of which can be found on our website at www.firstam.com. We refer to this definition on behalf of our other undeIWriters who can be contacted for their similar guidelincs which have a different name. Types of InfomlOition Depending upon which of our services YOll are utilizing, the types of nonpublie personal infonnation that we may collect include: Information we receive from you on applications, fonns and in other communications to us, whether in writing, in person, by telephone or any other means; Information about your transactions with us, our affiliated companies, or others; and Information we receive from a consumer reporting agency. Use of InCommtiun We request Information from you for our own legitimate business purposcs and not for the benefit of any nonaffiliated party. Therefore, we will not relcase your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you Ilave requested of us; or (2) as permitted by law. We may, however. store such information indefinitely, including: the period after which any customer relationship has ccased. Such information may be used for any internal purposc, such as qunlity control efforts or customer analysis. We may also provide all of the typcs of nonpuhlic personal information listcd above to one or more of our affiliated companies. Such affiliated companics include financial service providers, such as title insurers, properly and casualty insurers, and trust and investment advisory companies, or companics involved in real cstate services, such as uppraisal comp3193 DALLAS T Y L E R TEL 214<012.2000 FAX 214.072.2020 WWW.COWL.ESTHOMp$ON.COM TOWN OF ADDISON, TEXAS RESOLUTION NO. R03-094 A RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF ADDISON, TEXAS, APPROVING THE PURCHASE OF AN EASEMENT IN A 0.068 ACRE TRACT OF LAND GENERALLY LOCATED AT 15107 ADDISON ROAD FOR PERMANENT RIGHT-OF-WAY; APROVING AN EASEMENT AGREEMENT FOR SAID PURCHASE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the proposed Addison Road Improvement Project is currently llllderway, which includes right-of-way acquisitions; and WHEREAS, a tract of land approximately 0.068 acres in size (as described in Exhibit A to the Easement Agreement attached hereto and incorporated herein) is required for permanent right-of-way in connection with the proposed improvement to Addison Road; and WHEREAS, the owner of said tract has agreed to convey the necessary easement to the Town ofAddison for $34,338.13; and WHEREAS, the owner has executed an agreement regarding the conveyance of such easement for said amollllt subject to approval by the City COllllcil, which agreement is attached hereto and incorporated herein; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE TOWN OF ADDISON, TEXAS: Section 1. That the City COllllcil has determined that $34,338.13 is reasonable compensation for the easement, as described in the above premises, to be acquired and all damages, if any, to the property remaining, and does hereby authorize the City Manager to acquire the easement in, over, llllder and through the 0.068 acre tract ofland (as described in the attached Exhibit A to the Easement Agreement attached hereto and incorporated herein, and located generally at 15107 Addison Road) for permanent right-of-way for the expansion of Addison Road. Section 2. That the City COllllcil does hereby approve the Easemen! Agreement attached hereto regarding the purchase of the easement described in Section 1 above, and hereby authorize the City Manager to enter into said Agreement and take such other and further action as may be necessary to acquire the said easement. Section 3. That the City Finance Director be and is hereby authorized to distribute funds by wire transfer or otherwise in favor of Siavish Jahani or the current owner(s) of record, in the amollllt of$34,338.13, and for such other incidental costs as may be necessary to complete the transaction to acquire the Property. OFFICE OF THE CITY SECRETARY R03-094 Section 4. That this Resolution shall take effect immediately from and after its passage. PASSED AND APPROVED by the City Council of the Town of Addison, Texas this the 23rd day of September, 2003. R. Scott Wheeler, Mayor ATTEST: 􀁂􀁹􀀺􀀭􀀭􀀽􀀭􀀭􀀢􀁡􀁾􀁟􀀫􀀺􀀺􀀧􀁾􀀭􀀢􀀭􀁤􀀭􀀧􀀭􀀭Cannen Moran, City Secretary APPROVE,PAS TO FORM: By: 􀁜􀀴􀁾􀀩􀁾􀀠Ken Dippel, City Attorney OFFICE OF THE CITY SECRETARY R03"()94 HP LaserJet 3200S8 inventHP LASERJET 3200 SEP-30-2003 10:41AM Fax Call Report Job Date Time Type Identification Duration Pages Result 602 9/30/2003 10:39:48AM Send 92146722020 1:25 3 OK TOWNOI<' ADDIsoN PUBLIC WORKS Tn, flflJel,-1J....htr1j k1 From: Jim PieTCe, P.E. Asst. Public Wks. Dit". Pho••: 9721450-2879 FAX: 9721450-2837 FAX N: llif-" 7;;l, -)..i:? '-0 􀁊􀁰􀁾􀁢􀁯􀁬􀀧􀁉􀀮􀁴� �􀀮􀁵􀀮􀁴􀀠Cnmpany: WISI 􀁾􀀠Dat.: '1-'O-i!) :; 16801 Westgro•• P.O.B.x9010 N.rpages (including 􀀼􀁏􀁖􀀧􀁔􀀩􀀺􀁾􀀠 Addison, TX 75001·9010 Re: 􀁃􀁾􀁦􀁴􀀠􀀨􀀮􀁰􀁲􀁾􀀠a Origbllllt mail fti It:ryourrcque.t 0 l'Yl 0 Cd me 􀁣􀁟􀁾􀀮􀀬􀀠􀁴􀀹􀁯􀁾􀀠t:.irf"I 􀁾􀁻􀀮􀀠iJrd..,f.!r> .p/.hl!kd= ,*",J';'" CiA.. 􀁾􀀠-.....-􀀭􀀮􀁾􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭 ---SEP-26-2003 12:27 COWLES 8. THJMPSON 2146722020 􀁆􀀧􀁁􀁾􀀠NO. P. 03SEP-28-2003 fRI 08:07 􀁾􀁈􀀠􀁉􀁾􀁅􀁐􀁵􀁮􀁌􀁉􀁃􀀠TITLE OF TEXAS, INC. OATS; 􀁾􀀯􀀳􀁑􀁉􀀲􀀰􀀰􀀩􀀠GEl' NO: 􀁾􀁂􀁑􀁓􀀩􀁚􀁑􀀠Bll? PURCHASER'S STATEMENT 􀁡􀁾􀁌􀀺􀁅􀀺􀀠'rO: ---1:.Q'WN Of' APRI 􀁾􀁎􀀠 PROPERTY I J;Uji COQK PiPHARD BY 077. AC ..___• __ ADORESS. __..APQISQN ACD.ISCN TexAS _________SAliS 􀁾􀁒􀁏􀁍􀀺􀁾􀁾􀁓􀁾􀁉􀁾􀁁􀁾􀁖� �􀁏􀁓􀁾􀁾􀁈􀁾􀁊􀁾􀁁􀁾􀁈􀁊􀁕􀁏􀁾􀁾􀁉􀁾􀁾􀁾􀁾􀁾􀁾􀁾􀁾􀁾􀁾􀁟􀁾􀀧􀁾􀀧􀁾􀁾􀁾􀁾􀁾􀀮􀁾􀁾􀁾􀁾􀁾􀁾􀁾􀁾􀁾􀁾􀁾􀁾􀁾􀁾􀀠􀁾􀁕􀁒􀁃􀁈􀁁􀁓􀁅􀀠PRICE; ----.._-_._----PLUS: CHARGlilS Filing_fees: .$ _"---..__....,._ &8SEMSNX $ 􀀭􀀭􀀭􀀭􀀭􀁾􀀮􀁁􀁑􀁾􀁾􀁢􀁥􀁲􀁾􀁴􀁝􀁮􀀠c2mP0py. $ 􀁾􀀠$ 􀁾􀁮􀁾􀁾􀁴􀀩􀁥􀀠􀁰􀁱􀁬􀁩􀁾􀁾􀀠$ 139.00. survey .•􀁾􀁭􀁾􀁟􀁾􀀹􀁾􀁾􀁲􀀠t:ir.llfl! pgl:icy $ 65.85 . 􀁰􀀺􀁲􀀤􀁴􀀻􀁉􀁰􀁓􀁉􀀡􀀱􀁬􀁊􀁌􀀮􀀮� �􀁊􀁾􀁑􀁌􀁕􀁬􀁴􀁊􀀮􀁧􀀿􀀭􀀧􀁴􀁴􀀭􀁉􀀡􀁒􀁔􀁲􀁣􀁌􀁧􀀿􀀠IOi-:t INstlBANCE C'OPE. $ ______•__.. __ _____􀀧􀀭􀁾􀁟􀀠?5 TO FIRST 􀁁􀁍􀂧􀁒􀀷􀁾􀁗􀀠TITLE COMPANY $' _._H.__............__. '3 TNSURAt&,e ____.__􀁾􀀭􀁁􀀲􀀠TO 􀁒􀁅􀁐􀁾TITLE OE.....:OE.....:IEXAS. INC. ___ $ --.J2l,5t"LQSLJRE 􀁉􀁎􀁃􀁌􀁕􀁄􀁾􀁉􀀺􀀡􀀧􀀡􀀽􀀡􀁩􀁌􀁾􀀮􀁂􀁾􀀮􀁙􀁴􀁉􀁓􀀠PAID 􀁂􀁙􀁾􀁾􀁾􀁴􀁅􀀺􀁓􀀮􀀮􀀮􀀮􀀮􀀭􀀮􀀠$ Tbat sary-lee t;o OA.TA TRACE INI"'OBAATION....§b1!yt:CFj§ S '19. III II 􀀮􀁾􀁾__ ___.___ II ...._---$ $ II 8> $ -_•.• $ --_.-$,. ,____ S) 􀀽􀀽􀀽􀀽􀀽􀀽􀀽􀀺􀀺􀀽􀀽􀀽􀀽􀀽􀀽􀀽􀀽􀀽􀀽􀀽􀀽􀀽􀀽􀀽􀀽􀀽􀀽􀀽􀀽􀀽􀀽􀀭� �􀀭􀀽􀀭􀀽􀁾􀁾􀀽􀀽􀀭􀀭􀀭􀀭􀀭􀀭􀀤$ II $ $ ,.$ (II -----..-----$ $._------$ ::::":::::::==:= s G12·21 O!>¢S'S' !>M¢UWl' 􀁊􀀩􀁾􀀠BY PtJtI.cflMI.,P. $ ____..􀀳􀀢􀀮􀁾􀀮􀀢􀀮􀀢􀁓􀀢􀀧􀀷__,,.,,,."_ %i£SS: CRE!O:t'l'$ IS ........􀁾􀀬􀀮________,------..---S $ _ .._--$ -------_._-_.--_._--_._-$ -----$ $ $ $ $ $ $ TOTAL. CREDITS S_.__􀁾􀁾􀀠"09 􀁾􀁾􀁃􀁓􀀠DUe ax 􀁾􀁕􀁒􀁾􀁾􀁾􀁒􀀠$. :U 257,36 )"n,hll,.U1U1d'I.nftuult th. Clv!ll"lg, Y.1.4:PIW "'{h',d }" .. 􀀬􀀬􀀢􀁴􀀧􀀱􀁉􀀱􀁾􀁬􀁷􀁩􀁊􀀠IJltflll'd'II"JlIIII,,1'I '·."I"f;....llll8: th. 􀀧􀀱􀀢􀀬􀁾􀀢􀁧􀀧􀁬􀁣􀁴􀀧􀀱􀁉􀁯􀀱􀀧􀁬􀁬􀀠􀁲􀁲􀁄􀁴􀁉� �􀀠II,,,, lu,I.L ''''''.n'onalllllll A ..AUA-hllI Itlll,,, nthcl' IHItlrfQ 􀁉􀁴􀁾􀀢􀀠I'' fir Ihl., SIIII'lIIl.lIt. I'\ll'e,uu:.." IIntt""f/,lttV.l ltvu 'lUI ami 'n«!lrunc, vrUNU""JI( M'lill'O.'IDt\"U WCl(f! flflMf! lin 1,,,"'1'11' r,jr nil! pne''''n. y,"r 01 a1lPllllittl b,. ",l\IIu vr IIII1lrrmt_ fUr lvr,.,,' ,....... "n<1 Inc 1ft...Ttflt 􀁾􀀢􀁮􀀢􀀱􀀠tltU)"t.... tur UH'l"fnt ,.,'*', IliU )1.1••􀁾􀁉􀁕􀀧􀁉􀀮􀁴􀁕 􀁕􀀢􀁦􀁴􀀧􀀧􀀧􀁮􀁉􀀧􀀠nUllit b*lIJ1l,I* b"r....'i 􀁬􀀢􀁶􀁬􀁾􀁨􀁬􀁬..r 􀀱􀀧􀁴􀀱􀁬􀁾􀀱􀀠91'11.11' dirul, 􀂷􀁲􀁢􀀮􀁬􀀾􀁲􀁜􀁬􀁉􀀧􀁾􀁴􀀢􀁦􀁴..;J ""'""11 nulbnt'I.l•• C'lIllOln.: Itr E.n·V'I!f ",,!tnl (<1 'I1>11lt. CIrp.,III1'ur..aall dhbllnl\lJ1IP!'\I. IU I"_nnhov(\ Alief 1l1'JH'IIII1'U.• ,lltll" fto, Jl!lym'4lt, '111' ult"'n'f;;'tIIt! U\'-Q ...t'kn..wt.dGII 1'fl!"PI tIt t.nl\n hnil'., ,rnpptltaJlf., ." ,b. a&I -.; :"> [SEAL) STATE OF TEXAS § COUNTY OF DALLAS § BEFORE ME, the undersigned notaIy public in and fOT said county and state, on this 􀁾􀀴! " day of.!:.t' "te,'..b " , 2003, personally appeared Ron Whitehead, City Manager for the Town of Addison, and acknowledged to me that be exeouted 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 in and for the State ofTexas MY COMMISSION EXPIRBS: ·• '" C'(i,2.2 ,L'S 2146722020 P.10/12COWLES 8. THOMPSON •SEP-26-2003 12'28 &A.!1apll A. 􀁉􀀯􀁾􀁊􀁉􀁕􀀴􀀠TOWN OF ADDISON, TEXAS FIELD NOTE DESCRIPTION FOR JAMES E. SAULS (pARKWAY EASEMENT) BErNG $ trB(;t oUt of a 0.774 acre tract ofland located in the Edward Cook Survey, Abstract No. 326, in the ToWII of Addison, Dallas Counry, Teltlls, conveyed to James E. Sauls, by a deed now of record in Volume 77153, Page 01028, oftbe Deed Records of Dallas Counry, Texas, sBid tract of land being more panicularly descn"bed as follows: BEGINNING at a point for tl corner, said point being !he northeast comer of said 0.174 acre ttaet and the southeast torntr oiP 1.00 acre tract ofJand conveyed to The Filling Station ofAddison, Inc., by a deed now of record in Volume 94100, Page 05577, of Ihe Deed Records of Dallas County, Texas, and being in the west right-of.way line of Addison Road, (generally II 60 fOOl right-of·way and generally 30 foot to the center line), said point also being N 77" 25'12" E, 339.90 feet from a found 3/4 iron rod in the the west right-of,way of St Louis Southwestern Railroad, (generally a 100 fOOl right-of·waY)i TIlENCE, Due South, along the east line of said 0.774 acre tract, and along the west right-of·way line of said Adelison Road, a distance of 149.29 feet to a point for corner, $lid point being the southeast comer of said 0,774 aere !ract; THENCE, S 89' 43'30" W along the soulb line of said 0.774 acre tract, a distance of 8.64 feel 10 a found 112 inch iron rod indicating the northeast comer of a 1.0289 acre ttac! of land conveyed to Ganner-Plano Company, by a deed now of record in Volume 91248, Page 03622, of the Deed Records of Dallas Counry, Texas, and continuing S 89' 43 '30" W along the south line of said 0.774 acre tract and alQng the nonb line of said 1.0289 acre tract for B Total DistilDte of 20.00 feet to a point for corner; THENCE. Due North for a distance Qf 149.29 feet 10 a point fOl' comer, said point being in the nonh line of said 0.774 acre tract and in the south line of said 1.00 acre tract; TIiENCE, N N 89· 43 '30" E along north line ofsaiel 0.774 acre and in the SOlith line of said 1.00 acre tract fOl' a distance of 20.00 feet to the Point ofBegianing and containing 2,985.75 square feel (0,068 acres) Qfland. -----------I EXHIBITB 0;\. 􀁾􀁴􀁉􀁓􀀧􀀧􀀧􀀠"3P'" CARTNER-PI»«) 􀁃􀁏􀁾􀁐􀁁􀁎􀁙􀀠VOL '1248. fG. 3622 S/,·I.O.. __ "lOCI> _____􀁾􀀭􀀭\-'I"UU" [, \•• --------------"-...-S/S-!,R,'. 􀁟􀁾􀀠􀁾􀁜􀁉􀁬􀁜􀁯􀁬􀁬 􀁬􀀠•• \ __􀀬􀀬􀀬􀁾􀀼􀀻􀀧􀁜􀁴􀀢􀀢􀀠􀁾􀁜'" , ,􀁾􀁜"1ii -t 1 􀁾... , 􀁡􀁾􀁜􀀠􀁾􀀮􀀮􀀬􀀩.. \ p. ... , , \ 􀀧􀀭􀁾􀀠'!HE IlWKG SfAllOK or ADDISON, INC.􀀬􀁾􀁜􀀠V()l. 94100. PG. 55771\"'8. 􀁾•.•\'.•􀁾􀁜􀁉􀀠EDWARD COOK SURVEY \, 􀁾􀁾􀀻􀀧􀀡􀁦􀀯􀁾􀀯\ ASST. NO. 326 ••\JAMES E. SAUlS • VOl. 77153, PG. 1028 \ , \ \PROPOSED 20' •PARKWAY EASEMENT \ 􀁾􀀬􀀠ili"'I __Ill' ".f.􀁾􀁩􀁪􀁾􀀠"""'" " .-"..... I ttM"U'JD""E.. 1 ___ . ; .,,' '..' 􀁾􀀠(ItI ____ (:•.􀁯􀁯􀁾􀀠􀁾􀀠􀁾􀀠SCA!.(:I'=50· 􀁾􀀠􀁾􀀠OJ til 􀁾􀀠 .. 􀁾􀀠 􀀱􀁾􀀧􀀡􀀿􀀱􀀱􀀮􀀴􀀠 J/lN, z{(;CJO z. s alr4J'Jo-yt SClVtl1 -149 29" :iii a64' S 􀀸􀀡􀁲􀀴􀀳􀀧􀁊􀁏􀁾􀀠w POINT OF• 􀁾􀀠11;loo'ADDISON ROAD ;;; BEGINNING --􀀧􀀭􀀽􀀽􀀭􀀢􀁉􀁾􀀱􀁩􀀢􀀢􀁏􀁗􀁾􀁎􀁾􀁏􀁆􀁾􀁁􀁄􀁾􀁄􀁾􀁉􀁓􀀢􀀢􀁏􀁎􀀢􀀢􀀮􀁾􀁔􀁾􀁅􀁘􀁁􀁓􀁾􀀭􀀭􀀱􀀧2,!185.15 .sp. n: o,(}68 ACHES ADDISON ROAD-------r----BELT LINE RD. TO KEUER SPRINGS RD.I I PARKWAY EASElIENT OJ _, IIR\(IIOII'. _ae; • taffAY. LIJ'.1 JAN. 2002 􀁾􀀠01 OQH'SUL'flNO E;HClf'iUAS I ruT 1* -J 􀁾􀀠-'U 􀁾􀀠􀁾􀀠"􀁾􀀠!\J P.12/122146722020 COWLES 8. THOMPSONSEP-26-2003 12'28 EXHIBITC SCtlltOlJl.E "Au -',(>(;1\1. DESCIUPTION 􀁉􀁉􀁾􀁉􀁎􀁏􀀠.......fI.IId "'O.k. in .he I!!)WAIIIl COOl( SUIlIIIlY. AUll'l1lACr NO. Jlfl. Illila 􀁾􀁟􀀮􀀱􀀱􀀬􀀠Tuu_ ••• lift AMMft Mt..ad "' IK 11",", .,.. Md... TClu. .l'" be""l ,,*c P.UICV),M',. 4nctik\!.1 fnU...... • Ilt(JI,.,.'HO _, • 􀁾􀁴00 the \Val IIiit' "r ..1iIt Atfdllf"l'l IIt\11il fa 4IJ btl tCN" said rotll1 "il1s )U,S .. 􀁲􀁾􀁬􀀠􀁈􀁾􀁲􀁾IhI: "fUl'Il. 01 "tit Jot_ 10111: (I lOO' tGW)• ..,ill PIli., Irk' twin. ",•• " 1,'" nom Ill,,, 􀁾􀁎'" I. 􀁾􀁉􀀮􀀠"'i,",dt m-rudnl ill Vel". 􀀢􀀮􀀬􀁾􀀠Pa,_ C;2;1 \if Ihe breI 􀁒􀁃􀀨􀀮􀁾􀀮􀀠or D.llu CIoIIUftt)'. 􀀧􀁔􀁥􀀦􀁾􀀠TH£Ne!: fpUlh lIt1e.lt....., ",",UfI'J S£ wcu" Weal .",,' .;Ift. u.'" fCftC'f 4u lion ""'tIM',.",-,;, T1 U;:HC£ So..'" .tllt ul. 􀁦􀁾􀁍􀁃􀀠..... 10 "tift'. r..t\lf'Nf vi Ih& :;,.11" 􀁬􀁩􀁾􀀠",1. M. 'utok IfJltl; 􀁬􀀱􀁾􀁊􀀡Scvth It.pr.III.) _1IU1ft, la ICCD'" Well ..ith .h, ! ..I" It.ellilid J. M. t'iaM:1c "tel 1 .... ,1.· 16 tllM •• r,. (.,..r '" lhe fllJl Ii,. ft' '1.1..... ...tSouthWCtll:lfl 􀀬􀁾􀁨􀀢􀀢􀀢􀀠.. .t1C s.G*CM COMet ",...WJ. td. Fist,..􀀱􀁮􀁃􀀱􀁾􀀠TIII!HCr. f!lonh 11 .tll"", )6 millwlc.1 301«""" \lib' ,utft 1M \!.Itt lilll '-Ir uKlt.kOl' 111.13' 􀀬􀁾􀀠IIDI'I Iud for (OUln; 'TUnNell tI_"19 • .,...)"'MM. )0 _oMi f.ut 241)....). to MIIJn 1M ""nw!Wc i_ the WIUI u.vi ..... AMittM Jtca,a.Ii nl.E.Ncn s.* ..'idl ...., A..i ..... RCUtI IAtlO' • I'CtHT OP UtiOlNW&tf(; .... "",,_itttt. o.n. "',.... lUIl_ol.... TOTAL P.12 · .!Sd COWLES &THOMPSON A Pro(tssiooal Corporation􀁾􀀽􀀺􀁲􀀠1978-2003 ATTORNEYS AND COUNSELORS ANGELA K. WASHINGTON 214.572.2144 AWASHINGION@COWlESTHOMPSON.COM September 25, 2003 VIA FACSIMILE (214) 855-8848 AND U.S. REGULAR MARL Ms. Patricia A. Sherman Bruce, Esq. Vice President Republic Title ofTexas, Inc. 2626 Howell Street, 10th Floor Dallas, TX 75204-4064 RE: Parcell (Siavisb Jabani), Addison Widening of Road Project G. F. No. 02R05320/SJ7 Dear Patricia: Enclosed is the fully executed Easement Agreement for the above-referenced property, which was approved by the Town ofAddison City Council on September 23, 2003. Also enclosed is an executed Deletion of Arbitration Provision form. As we discussed, please provide me with the closing statement and a closing date so that I may request a check from the Town. Ifyou have any questions or need anything further, please do not hesitate to call. Sincerely, 􀁾􀁾􀀩􀀨􀀮􀀠y-V"'/J /0 I 􀀻􀁴􀁾􀁾􀀭􀀭􀁾􀀠Angela K. Washington AKW/yjr Enclosures c (wlEnclosures): Mr. James James C. Mosser, Esq. (wlEnciosures) Mr. Steve Chutchian, wlTown (w/o Enclosures) Mr. Ken Dippel, w/firm 901 MAIN STREET SUITE 40QO DALLAS, TEXAS 75202-37-93 D ALL A S T Y L E R TEL 214.672.2000 FAX 2:14.612.2020 WWW.CowLESTHOMPSON:.COMDocltnln>lfI: 1072110 EASEMENT AGREEMENT This Agreement is made and entered into by and between Siavish Jahani and the Town of Addison, Texas (the "Town"). WITNESSETH: WHEREAS, Grantor owns certain real property located in the Town of Addison and described in Exhibit A attached hereto and incorporated herein (the "Easement Property"); and WHEREAS, the Town of Addison intends to construct an extension of Addison Road through the Town (the "Addison Road Extension Project"), part of which will be located upon and over the Easement Property; and WHEREAS, the Town desires to acquire an exclusive and perpetual easement and rightof-way in, over, across, upon, under and through the Easement Property for a parkway and other public purposes in counection with the construction ofthe Addison Road Extension, and Grantor desires to sell and convey such easement to the Town; NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, Siavish Jahani and the Town of Addison agree as follows: 1. Grant of Easement. For and in consideration of the sum set forth in 2. below in hand paid by the Town, the receipt and sufficiency of which is hereby acknowledged and confessed, Grantor has GRANTED, SOLD AND CONVEYED, and by theses presents does GRANT, SELL AND CONVEY unto the Town of Addison, Texas, its successors and assigns, a perpetual and exclusive easement and right-of-way (the "Easement") in, over, across, upon, under and through the property described in Exhibit A and depicted on Exhibit B (the "Easement Property") (the said Exhibits being attached hereto and incorporated herein). 2. Consideration. This easement is granted, sold and conveyed in consideration of the Town's payment to Grantor ofthe sum ofThirty Four Thousand Three Hundred Thirty-Eight and 131100 dollars ($34,338.13), the receipt and sufficiency of which is acknowledged as full compensation for the Easement, any damage to or diminution in value of the Remainder or any other lands or property belonging to Grantor that may be claimed or asserted by virtue of such grant, sale and conveyance and use of the Easement and the Easement Property by the Town, and to avoid the cost and expense of litigation. For purposes of this Agreement, the tenn "Remainder" shall mean that property described in attached Exhibit C, save and except the Easement Property. 3. Purpose of Easement; Other Provisions. A. The Easement, together with all of its rights and privileges, may be used by the Town, its employees, contractors, agents, successors, and assigns in connection with activities relating to the construction, placement, installation, reconstruction, relocation, alteration, operation, use, inspection, maintenance, improvement, and modification of landscaping, irrigation, lighting, utility, sidewalk, or other parkway improvements, or for such other public purposes as the Town from time to time deems necessary, appropriate, or desirable in the Town's sole discretion, with respect to the Project. The Town may perfonn all excavation, boring, backfilling, embedding, drilling, drilling, grading, and other construction activities as the Town from time f'ARKWA Y £ASEMENl' (CaftC.prl) _ '.1 􀁾􀀡􀁉􀁉􀀺􀀠ID4SI96 G.F. NO. 02R05320 SJ7 POLICY NO. "-'OOiL<2'-____ DELETION OF ARBITRATION PROVISION (Not applicable to the Texas Residential Owner Policy) ARBITRATION is a common form of alternative dispute resolution. It can be a quicker and cheaper means to settle a dispute with your Title Insurance Company. However, if you agree to arbitrate, you give up your right to take the Title Company to court and your rights to discovery of evidence may be limited in the arbitration process. ba addition, you cannot usually appeal an arbitrator's award. Your polky contains an arbitration provision (sbown below). It allows you or the Company to relluire arbitration if tbe amount of insurance is $1,000,000 or less. Ifyou want to retain your rigbt to SUe the Company in case of a dispute over a claim, you must request deletion of tlte arbitration provision before tl,e policy is issued. You can do this by signing tbis form and returning it to tbe Company at or before ti,e Closing ofyour real estate transaction or by writing to the Company. The arbitration provision in the Policy is as follows: "Unless prohibited by applicable law or unless this arbitration section is deleted by specific provision in Schedule B of this policy, eilher the Company or the Insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matlers may include, but are not limited to, any controversy or clainl between lbe Company and the Insured arising out of or relating to this Policy, and service of the Company in connection with its issuance or lhe breach of a policy provision or other obligation. All arbitrable matters when the Amount of [nsurance is $1,000,000 or less SHALL BE arbitrated at the request of either the Company or the " Insured, unless the Insured is an individual person (as distinguished from a corporalion, trust, partnership, association or other legal entity). All arbitrable matters when the Amount of Insurance is in excess of $1,000,000 shall be arbilrated only when agreed to to by both the Company and the Insured. Arbitration pursuant to this Policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the Insured, the Rules in effect at the Date of Policy shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court havil1gjurisdiction thereof. The Law of the situs of the land shall apply to any arbitration under the Title Insurance Arbitration Rnles. A copy of the Rules may be obtained from the Company upon request." I request deletion of the Arbitration provision. Texas Dcpl ofInst.!ron;;e Form No. T-7 to time deems necessary, appropriate, or desirable in the Town's sole discretion, with respect to the Project and the improvements within the Easement. The Town shall, at all times, have the right of ingress and egress to and from the Easement and the Easement Property as the Town may deem necessary, appropriate, or desirable. B. Grantor acknowledges and agrees as follows: (i) The Town may authorize and permit third parties to use the Project on such terms as the Town in its sole discretion deems appropriate, but no third parties, including the general public, shall acquire any rights in the Easement or the Easement Property as a result ofsuch use. (ii) Grantor shal.l not construct or place within the Easement Property any building, fences, wall, plant, or other structure, improvement, or growth of any character or type which would interfere, in the Town's sole determination, with the Easement, with the Project or with any improvements within the Easement. The Town shall have the right to remove, and keep removed, all or parts of any such building, fence, plant, or other structure, improvement or growth of any character or type that is located within the Easement Property and which, in the judgment ofthe Town, may endanger or in any way interfere with the construction, efficiency, or convenient and safe operation of the Project or the exercise ofthe Town's rights hereunder. C. Grantor, his successors and assigns, may fully use and enjoy the Easement Property, except that such use and enjoyment shall not hinder, conflict or interfere with the exercise ofthe Town's rights hereunder or with the safe and efficient operation ofthe Project. 4. Landscaping & Irrigation. All landscaping and irrigation to be placed within the Easement Property shall be installed by and at the expense of the Town. Existing landscaping on the Easement Property or the Remainder that does not conform to the overall landscape plan for the Addison Road corridor may be removed by and at the expense of the Town. Grantor may review and make comments to the landscape plan for Grantee's consideration. 5. Light Relocation. Any existing ornamental lights to be relocated because ofor in connection with rights granted to or work performed by the Town under this Agreement shall be relocated by the Town at its sole cost and expense. 6. Drive Approaches. The two existing drive approaches located on the Easement Property and fronting Addison Road shall be reconstructed and properly graded by the Town at its sole cost and expense. 7. Signs. The Town may remove and replace any public signs or install any new public signs on the Easement Property. The Town shall remove one private pole sign located on the Easement Property and shall install one new private sign on the Easement Property. Such sign, which shall be provided and paid for by Grantor, must comply with all applicable law. The exact location ofthis private sign shall be mutually determined by the Town and Grantor. During its installation ofthe sign, the Town shall install electrical connections for the sign. Grantor shall be solely responsible for monthly electric bills and any other costs associated with the operation ofthe sign. Landscaping on the Easement Property shall be maintained by the Town in a manner that will not obstruct visibility ofthe sign from the adjacent roadway. S. Access. Construction shall be conducted in a manner that will maintain or provide at least one point of access to Addison Road from the Remainder at all times during l"ARKWAY EASEMENT (CartCsprl)-PliC Z Document#! I04SI90 construction. This access point must be reasonably graded to allow adequate access to the Remainder by employees and patrons. 9. Warranty of Title. TO HAVE AND TO HOLD the Easement, together with all and singular the rights, privileges, and appurtenances thereto in anywise belonging, unto the Town of Addison, Texas, its successors and assigns; and Grantor does hereby bind himself, his representatives, successors, and assigns to WARRANT AND FOREVER DEFEND all and singular the Easement and rights conveyed in this instrument unto the Town of Addison, Texas, its, representatives, successors, and assigns, against every person whomsoever lawfully claiming or to claim all or any part ofthe interest in the Property. 10. Exclusiveness of Easement. The easement, rights, and privileges granted by this conveyance are exclusive, and Grantor covenants not to convey any other easement or conflicting rights in the area covered by this grant. 11. Governing Law; Venue. In the event of any action under this Contract, venue for all causes of action shall be instituted and maintained in Dallas County, Texas. The parties agree that the laws of the State of Texas govern the validity, construction, enforcement and interpretation of this Agreement; and, with respect to any conflict of law provisions, the parties agree that such conflict of law provisions shall not affect the application of the law of Texas (without reference to its conflict of law provisions) to the governing, interpretation, validity and enforcement ofthis Agreement. 12. Entire Agreement. This Agreement contains the entire agreement between the parties relating to its subject matter. Any oral representations or modifications conceming this Agreement shall be of no force and effect. Any subsequent amendment or modification must be in writing and agreed to by both parties. 13. Authority. The undersigned parties or officers and/or agents of the parties hereto are properly authorized and have the necessary authority to execute this Agreement, and each of the undersigned hereby certifies to the other that any necessary resolutions or other act extending such authority have been duly passed and are now in full force and effect. 14. Binding Effect. This Agreement shall bind and inure to the benefit of the respective parties, their personal representatives, successors, and assigns. GRANTOR: Executed this ,:)fr. day of '1Y1 " vj , 2003 s= 􀁾􀁾􀁾􀁴􀀽􀀾􀀭􀀮􀁾􀀠Sl avish Jahani TOWN OF ADDISON Executed this 2-!.{fldayof 􀁫􀁴􀁾􀀠,2003 􀁂􀁙􀀺􀁾􀁬􀀰􀁾􀁾:::D ROt; hItehead, CltYManager Town of Addison l'A1U--';?> [SEAL] STATE OF TEXAS § COUNTY OF DALLAS § BEFORE ME, the undersigned notary public in and for said county and state, on this ";cq i. day of -di 􀀢􀁴􀁲􀀬􀁾􀁢􀀠'" ,2003, personally appeared Ron Whitehead, City Manager for the Town of Addison, 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 in and for the State ofTexas MY COMMISSION EXPIRES: es 􀁾􀁊􀁃􀁾􀁌􀁅L COVINO • • NOTARYPUBUC,SfAl'EOFTEXAS MY COMMISSION EXPIRES 0!J.22.aIIl5 PARK\\'AV EASEMENT(Can Capri) _ '.a'4 Dcicl.l!"llmt#: J045196 EXHIBIT A lI23102 TOWN OF ADDISON, TEXAS FIELD NOTE DESCRIPTION FOR JAMES E. SAULS (pARKWAY EASEMENT) BEING a tract out of a 0.774 acre tract ofland located in the Edward Cook Survey, Abstract No. 326, in the Town of Addison, Dallas COWlty, Texas, conveyed to James E. Sauls, by a deed now of record in Volume 77 153, Page 01028, of the Deed Records of Dallas County, Texas, said tract of land being more particularly descnbed as follows: BEGINN1NG at a point for a comer, said point being the northeast comer of said 0.774 acre tract and the southeast corner ofa 1.00 acre tract ofland conveyed to The Filling Station ofAddison, Inc., by a deed now of record in Volume 94100, Page 05577, of the Deed Records of Dallas County, Texas, and being in the west right-of-way line of Addison Road, (generally a 60 foot right-of-way and generally 30 foot to the center line), said point also being N 77° 25'12" E, 339.90 feet from a found 314 iron rod in the west right-of-way of St Louis Southwestern Railroad, (generally II 100 foot right-of-way); TIIENCE, Due South, along the east line of said 0.774 acre tract, and along the west right-of-way line ofsaid Addison Road, a distance of 149.29 feet to a point for comer, said point being the southeast corner of said 0.774 acre tract; TIIENCE, S 89° 43'30" W along the south line of said 0.774 acre tract, a distance of 8.64 feet to a found 112 inch iron rod indicating the northeast corner of a 1.0289 acre tract of land conveyed to Gartner-Plano Company, by a deed now of record in Volume 91248, Page 03622, of the Deed Records of Dallas County, Texas, and continuing S 89° 43 '30" W along the south line of said 0.774 acre tract and along the north line of said 1.0289 acre tract for a Total Distance of 20.00 feet to a point for corner; THENCE, Due North for a distance of 149.29 feet to a point for comer, said point being in the north line of said 0.774 acre tract and in the south line ofsaid 1.00 acre tract; TIIENCE, N 89° 43'30" E along north line ofsaid 0.774 acre and in the south line ofsaid 1.00 acre tract for a distance of 20.00 feet to the Point of Beginning and containing 2,985.75 square feet (0.068 acres) of land. ------5/8" 1M, ______ -EDWARD COOK SURVEY ASST. NO. 326 JAMES E. SAULS VOL 77153. PG, 102B , PROPOSED 20' PARKWAY EASEMENT NORTH -149,29' , .!!:) rW/'OCSA _ 􀁾􀀭􀀭􀀭􀀭􀀭􀀭"'-5/8" LRF. <::> SCALE: 1"=50'<::> '-THE FILLING STATION OF AOOISON, INCIt VOL 94100, PG. 5577 .3622 5/8" LRfj' Wj'ocSAIt\ N 89'43"30' E 20.00' .-----􀀭􀀢􀁾􀁾􀀨􀀲􀀧􀁾􀀧􀀮􀀮􀀺􀁾􀁌􀁾􀀻􀀬􀀮􀀻􀀮􀀮􀀮􀀻􀀮􀀻􀁦􀁯􀁣􀁦􀀴� �􀀮􀀺􀀮􀀮􀀺􀀮􀀮􀀮􀁾􀁾􀁾􀀭􀁟􀀽􀁟􀀽􀀺􀁟􀀺􀀺􀀠s 􀀸􀀹􀀢􀀸􀀴􀁾􀀻􀀧􀀰􀂷􀀠W SOUTH -149.29" 􀁾􀀠POINT OF ADDISON ROAD § s 􀀸􀀹􀁾􀁣􀁩􀁊􀁾􀁾􀀢􀀠W 􀁾􀀠__􀁓􀁟􀁅􀁟􀁇􀁉􀁎􀁎􀁉􀁎􀁾􀁇________􀁾􀁾􀁾􀀧􀀺􀀺􀀺􀀷􀀮􀁾􀁾􀁾� �􀁾􀀻􀀭􀀧􀀠") 􀀭􀁾􀀮􀀻􀀽􀀻􀁲􀁶􀁾􀀻􀀺􀀺􀀻􀀻􀀺􀀺􀀺􀀭􀁾􀀠TOWN OF ADDISON TEXAS 2,985.75 SO, FT. ADDISON ROAD 􀀭􀀭􀁾􀀮􀀭􀀭0.058 ACRES ---t--SELT LINE RD, TO KELLER SPRINGS RD, PARKWAY EASEMENT JAN .• 2002EXHIBIT B BIRKHOfF, IIENORICKS Ik CONWAY, LLP, PLAT 2W:l__________________􀁾________________________________::::::::________________________JL__􀁾􀁃􀁾􀁏􀀺􀁎􀁓􀁾􀁕􀁾􀁌􀁔􀀺􀀧􀁎􀀺􀁇􀁾􀁅􀁎􀀺􀁇 􀀺􀀧􀁎􀁾􀁅􀁾􀁒􀁾􀁓􀁾__􀁾____􀁾􀀠(; GARTNER-PlANO COMPANY VOL. 9124B, PG, EXHIBITC SCHEDULE """ -I.EGAL DE,5CIUPTION DmNO" UXf oflaftd Sllu:::nctl in the nUWARll COOX SURVHY. AnST1tACr NO. 324. UII13S Cou.'y. TUM. l¥;.tIN u" Add.son 􀁉􀁨􀁾􀀠in IK Tuwn of "del*"" TelD. ,lOU beinJ; /non: p.2iltlcul;wlydn<.ib¢d as. ("'SiI...·J· lItGINNING ., a ,.lint an Ihe Wel line of said /"lellsa" IlNd ta 60 IMI .fONd) ujll p>im beiu; Jt.I" .. ("I NoM r.nna the 􀁾􀁣􀁴􀁵􀁾􀁲􀀠linc of 􀁬􀁉􀁥􀁴􀁬􀁬􀁾􀀧􀁮􀁣􀀠Ito:ul (a 100' road). $lill p)ill1 abi) heill, H••,,, 􀀱􀀬􀁓􀁾􀀠rtQfn II IIUI 4cednl In J. M. rbltlle ,«",ded ." Volt.UftC 4&s. 􀁾􀀮􀁣􀀮􀀠6:!·1 uf the [)('Cd Rc(finJs 01 Dallas Cuunly. Tou,,: TIIENCE South 1'1 de"cts.&7 mtl'tuifl '6 KC\tNt Ww 􀁾􀀧􀁊􀀢􀀠wi"'. "'Oed fcl'k"c tu bon rwhx CUlt",; TIU:NCE. South wilh wid knee I."· to 1100 nKi fur wrn« uflhc South tine of J, M. Pistok Ct.'. nruHCl! Sculh " tJq.rccs 43 .mtMan 30 sccoDlik Welt _"Ih the SMIlh line or ANI 1. M. l·illOJc: uacl t"'.11' Eo lion rod rnr COi'Mt in lbe 􀁩􀁾nne til 51. "avis MIl Souih'WUl<1" ,.ull",,", • the 􀁓􀁯􀁶􀁴􀁨􀁾.. come. ,','f Aid J. M. rburic 􀁬􀁲􀁘􀁴􀁾􀀠T1IUtlcn Nonh 11 de"",,, 36 minuiC.l 30 ",ufllls Wesl _ilh Ihe Uslline of UN railfOld IS1.t)' tu iron f\ld rot (ou..r; TIII!JIt("l:: tflVdl-U dcllCCl 4) miftUkS 30 u:t:QMs E.ut 􀁬􀁾􀀹􀀮􀀢􀀧􀁉􀂷􀀠10 Von rod lot COfne, •• 1M Wes' linevl Said AddiMI RoH. 11lE.NCF. Sou... ,,-I&h lrIiid AddllOft Road ''-7..50' II.J riJlNT OF UECilNN'lN(j.and ClJIOUinina 0.71. KfClOf 13.713 JqUlc ral. SEP-26-2003 12:17 COWLES & THOMPSON 2146722020 P.02/02 COWLES &THOMPSON A Professional Corlloruion ATTORNEYS ANO COUNSELORS ANGEiA K. WASHING-TON 2t•.17221.. AWA$t(INGTON@COWLESTHOMPION.COM September 26, 2003 VIA FACSIMILE (972) 450-706$ Ms. Carolyn Burgette Accounting Manager Town ofAddison P.O. Box 9010 Addison, TX 75001·9010 VIA FACSIMILE (972) 4S(J..2837 Mr. Steve Chutchian Town of Addison P.O. Box 9010 Addison, TX 75001-9010 RE: Parcell (Cafe Cnpri-Siavosh Jabani) Addison Extension of Road Project Dear Carolyn and Steve: In connection with Parcell) Addison Extension of Road Project, enclosed are the following documents: 1. Purchaser's Settlement Statement; and 2. A copy of the executed Easement Agreement. Once the Settlement Statement has been executed and the money forwarded to Republic Title, they will forward the purchase price to the Seller. Wiring instructions are also enclosed. Republic Title has scheduled Closing (or next Tuesday, September 30, 2003. Please let me know ifit is possible to meet this date. Thank you for your assistance. Sincerely, 􀁾􀀡􀀡􀁮􀁾􀁯􀁮􀀠AKW/yjr Attachments c wlo Enclo$ures: Mr. Mike Murphy Via Facsimile (972) 45()"1837 Mr. Ken C. Dippel, wffirm 901 MAtN S'tRtET 􀁾􀁜􀁬􀁉􀁔􀂣􀀠4000 DALLAS, T£X4S 􀀷􀁓􀀲􀀰􀀲􀁾􀀳􀀷􀀧􀁈􀀠DALLAS T Y L E R TEL 􀀲􀁬􀀮􀀴􀀬􀀶􀀢􀁾􀀠2000 fAX 214.6.72.2020 www.CowlESTHOMPSON.COM TOTAL P.02 SEP-26-2003 12: 17 COh.LES So THOMPSON 2146722020 P.01/02 COWLES &THOMPSON A Pl0fuslonal CorporAtion ATToRNEYS AND COUNSELORS FACSIMILE COVER PAGE Date: September 26. 2003 Time: -:-_,..-....,-::-:-_ (.Q.U tv" "'$.."" '. 13 􀁦􀀢􀁾􀁲􀀻􀀠Total Number of Pages (including this sheet): 􀁦􀀧􀁉􀀮􀁾􀀠\ ;'f"'''s Normal/Rush: Normal Client/Matter #: 3305/62147 TO: (1) Carolyn Burgette FAX: (912) 450·1065 PHONE: (2) Steve Chutc:hian FAX: (912) 450·2831 PHONE: (3) Mike Murphy FAX: (912)450·2831 PHONE: FROM: Angela K. Washington Direct Dial #: (214)612-2144 MESSAGE: RE: Parcel 1 (Cafe Capri -Siavosh Jahani) IF YOU HAVE ANY PROBLEMS WITH THIS TRANSMISSION. PLEASE CALL Yolanda Rodriguez at (214) 672-2629 Thank you. " ....., JMPORTANTICONFIDENTIAL: This message is intended only for the use of the individual or enlity 10 Which it is addressed, This message contains information fram the law firm of Cowles & Thompson which may be privileged. confidential. and exempt from disclOSUre under applicable law. If the reader of this message is not the inlended recipient or the employee. or agenl responsible for cleliveringlhe message 10 the intended recipient, you are hereby notified tha! any dissemination. distribution, or copying of this communication is strictly prohibited. If you have received this communication In error, please nolify us Immediatelyal our telephone number (214) 612-2000. We will be happy 10 arrange for the return of this message 10 us, via Ihe United States Poslar Service. a! no cost 10 you, '01 MAIN STREET sunE 4000 􀁏􀁾􀀨􀀧􀁬􀁁􀁓􀀬􀀠l£X.S 􀁲􀀵􀀲􀀰􀀲􀁾􀀢􀀧􀀢􀀠T(4., tU,bTt• .2:000 FAX 214.672,2024T Y L E R '\••'e maintained by the Town in a manner that will not obstruct visibility ofthe sign from the adjacent roadway. 8. Access. Construction shall be conducted in a manner that will maintain or provide at least one point of access to Addison Road from the Remainder at all times during PARKWAY EASEMENT {C,fH:'prll-P-tll' 1 t.')oc;umtn!_, 104$1% construction. This access point must be reasonably graded to allow adequate access to the Remainder by employees and patrons. 9. Warrantv of Title. TO HAVE AND TO HOLD the Easement, together with all and singUlar the rights, privileges, and appurtenances thereto in anywise belonging, unto the Town of Addison, Texas, its successors and assigns; and Grantor does hereby bind himself, his representatives, successors, and assigns to WARRANT AND FOREVER DEFEND all and singular the Easement and rights conveyed in this instrument unto the Town of Addison. Texas. its, representatives, successors, and assigns, against every person whomsoever lawfully claiming or to claim all or any part ofthe interest in the Property. 10. Exclusiveness of Easement. The easement, rights, and privileges granted by this conveyance are exclusive, and Grantor covenants not to convey any other easement or conflicting rights in the area covered by this grant. 11. Governin2 Law; Venue. In the event of any action under this Contract, venue for all causes of action shall be instituted and maintained in Dallas County, Texas. The parties agree that the laws of the State of Texas govern the validity, construction, enforcement and interpretation of this Agreement; and, with respect to any conflict of law provisions, the parties agree that such conflict of law provisions shall not affect the application of the law of Texas (without reference to its conflict of law provisions) to the governing, interpretation, validity and enforcement of this Agreement. 12. Entire A¥reement. This Agreement contains the entire agreement between the parties relating to its subject matter. Any oral representations or modifications concerning this Agreement shall be of no force and effect. Any subsequent amendment or modification must be in writing and agreed to by both parties. 13. Authority. The undersigned parties or officers andlor agents of the parties hereto are properly authorized and have the necessary authority to execute this Agreement, and each of the undersigned hereby certifies to the other that any necessary resolutions or other act extending such authority have been duly passed and are now in full force and effect. 14. Bindin¥ Effect. This Agreement shall bind and inure to the benefit of the respective parties, their personal representatives, successors, and assigns. GRANTOR: , 􀁾.. rr.. 􀁟􀁾􀀮􀀠r 􀁾􀀠" Executed this 􀁾day of r.!,1 "I ,2003 s 􀁾􀁾􀁢􀀭􀀢􀀠Siavish Jahani TOWN OF ADDISON Executed this __day of______-', 2003 By: Ron Whitehead, City Manager Town of Addison tARKWAY EAStMENT (Clfl Capri) -Pat!! 3 􀁾􀁭􀁬iii: 1(1.(5196 STATE OF TEXAS § COUNTY OF DALLAS § BEFORE ME, the undersigned notary public in and for said county and state, on this ..􀁾􀀠, ,. day of -n ' .' ", , 2003, personally appeared Siavish Jahani and acknowledged to me that he executed the same as his free and voluntary act and deed, for the uses and purposes therein set forth. GIVEN UNDER my hand and seal of office t,\e day and year last above written. Notary Public in and for the State of Texas MY COMMISSION EXPIRES: i i -:;.. (. ;-, [SEAL] STATE OF TEXAS § COUNTY OF DALLAS § BEFORE ME, the undersigned notary public in and for said county and state, on this -;:----;--:: day of , 2003, personally appeared Ron Whitehead, City Manager for the Town of Addison, and acknowledged to me that he executed the same in his authorizeq 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 in and for the State ofTexas MY COMMISSION EXPIRES: [SEAL] PARKWAY EASEM£N'T(C.ti Capri) _ hi' oil Doclllt!«ll II: 􀁬􀀰􀀴􀁪􀁬􀁾􀀠 EXHIBIT A TOWN OF ADDISON, TEXAS FIELD NOTE DESCRIPTION FOR JAMES E. SAULS (pARKWAY EASEMENT) BEING a tract out of a 0.774 acre tract of land located in the Edward Cook Survey, Abstract No. 326, in the Town of Addison, Dallas County, Texas, conveyed to James E. Sauls, by a deed new of record in Volume 77153, Page 01028, of the Deed Records of Dallas County, Texas, said tract of land being more particularly descnbed as follows: BEGINNING at a point for a corner, said point being the northeast corner of said 0.774 acre tract and the southeast comer ofa 1.00 acre tract ofland conveyed to The Filling Station ofAddison, Inc., by a deed now of record in Volume 94100, Page 05577, of the Deed Records of Dallas County, Texas, and being in the west right-of-way line of Addison Road, (generally a 60 foot right-of-way and generally 30 foot to the center line), said point also being N 77° 25'12" E, 339.90 feet from a found 3/4 iron rod in the west right-of-way of St Louis Southwestern Railroad, (generally a 100 foot right-of-way); THENCE, Due South, along the east line of said 0.774 acre tract, and along the west right-of-way line of said Addison Road, a distance of 149.29 feet to a point for corner, said point being the southeast corner of said 0.774 acre tract; THENCE, S 89° 43 '30" W along the south line of said 0.774 acre tract, a distance of 8.64 feet to a found 112 inch iron rod indicating the northeast corner of a 1.0289 acre tract of land conveyed to Gartner-Plano Company, by a deed now of record in Volume 91248, Page 03622, of the Deed Records of Dallas County, Texas, and continuing S 89° 43'30" W along the south line of said 0.774 acre tract and along the north line of said 1.0289 acre tract for a Total Distance of 20.00 feet to a point for corner; THENCE, Due North for a distance of 149.29 feet to a point for comer, said point being in the north line of said 0.774 acre tract and in the south line of said 1.00 acre tract; THENCE, N 89° 43'30" E along north line of said 0.774 acre and in the south line of said LOO LOO acre tract for a distance of 20.00 feet to the Point ofBeginning and containing 2,985.75 square feet (0.068 acres) ofland. 􀁊􀁾􀀱􀀯􀁾􀀠 JAN, Zf J 'ZOO Z ----􀁾􀁾􀁜-Ii'. VOL 94100, PG. 5577 '2. iD \ 50 \ ---5/8" tH. _____ ;\-3/4" I.R.F. ! ! I ! I I I " ---􀁾􀁜􀀠---z\ 􀀻􀁱􀁾\ 􀁾t-l \ 􀁲􀀱􀁾􀀧􀀢􀁜􀀠􀁾􀁲􀀺􀀻􀁜􀀠"Z-" 􀁾fY\ \ I '" \ It!! l.Il \ (W/'OCSA _-----. -"'--5/8' I.R,r. '--THE FILLING STATION OF ADDISON, INC, SCALE: 1 "=50' • ! I I ! I \GARTNER-PLANO COMPANY IVOL 91248, PG. 3622 EDWARD" COOK SURVEY I \ 5/8·I.RJj\ I􀁾􀁜􀀠A8ST. NO. 326 WfOCSA \JAMES E. SAULS \ \ VOL. 77153, PG. 1028 \ I \ \ \ \ ! !PROPOSED 20' \ I \ I I I \ \ PARKWAY EASEMENT NORTH -149.29' N 89'43'30" E • 20.00'-_._------􀀭􀀭􀀭􀂷􀀭􀁓􀀭􀀸􀀭􀀹􀁾 􀀴􀁾􀁲􀀢􀁾􀁗􀀭􀁲􀁾􀁬􀁾􀀻􀀫􀀭􀀭􀁾􀀺􀀮􀀺􀁌􀀻􀀮􀀻􀀻􀀬􀂷􀁾􀁓􀁏􀁾􀀧􀁾􀁩􀁬􀁔􀁩􀁾􀀧􀀺􀀭􀀺􀀭􀀱􀁩􀀴􀁩􀀹􀀬􀀲􀁩􀀲􀀹􀁩􀀧􀀢􀀧􀀭􀁜􀀭􀀭􀀭􀀭􀀽􀁾􀁴􀀬􀁾􀁾􀀺􀀺􀀺􀀭􀀭􀀺􀁐􀀺􀀺􀁏􀁾􀁾􀁉􀁎􀁾􀁔􀀻􀀺􀁏􀁆􀀠, . i ADDISON ROAD S 􀀸􀀹􀁾􀁣􀁩􀀳􀁾􀁾􀀢􀀠W 􀁾􀀠􀁟􀁾.. 􀀸􀁅􀁇􀁉􀁎􀁎􀁉􀁎􀁾􀁇􀁾􀁟􀁲􀁟􀁾􀁾􀀺􀀧􀀺􀀢􀀺􀀭􀀻􀀺􀀭􀀻􀀺􀀭􀀭􀀺􀀧􀁾􀁾􀁾􀀻􀀭􀁾􀀺􀁖􀀺􀁾􀁟􀁬􀀠2,985.75 SQ. FT. 􀁾􀀠 TOWN OF ADDISON, 􀁔􀁅􀁘􀁁􀁓􀁾􀁟􀀠0.068 ACRES ADDISON ROAD ---I-BELT LINE RD, TO KELLER SPRINGS RD, N o ,-----PARKWAY EASEMENT _ _._EXHIBIT B 􀁾􀀠􀁉􀀭􀁂􀀭􀁉􀁒􀀭􀁋􀀭􀁉􀁉􀀰􀀱􀁔􀀭􀀧􀀭􀀧􀀭􀁉􀁅􀁎􀀺􀀭􀁄􀀽􀁒􀁉􀀽􀁃􀁋􀀽􀁓􀀺􀀭􀀦􀀺􀀭􀀺􀀺􀀺􀁃􀁏􀁎􀀽􀁗� �􀁾􀀠1.1.1'. f-􀁊􀁩􀁜􀁾􀀻􀀧􀀷􀀺􀀽􀀠􀁾􀁾􀀨􀀡􀀮􀀿􀀠􀁃􀁏􀁴􀀴􀁾􀀡􀀠II TINr. ;:"rJr.u It: t"'"1oL-__-----