4139 CENTURION WAY ADDISON, TX • • • • • • • • • • • • • • ••••
Without Cubicle Configuration With Cubicle Configuration 􀁉􀁏􀁏􀁾􀁌 XL 'UOS!PPY OIZ ;Jl!ns ';JAOJ'iilS;JM 17171717 S.laUl.lEd • I ' LOCATION: 4139 Centurion Way is located one block
north of Beltline Road and just west of Midway Road. In close proximity to The Galleria and "Restaurant Row," this building also benefits from access to the Dallas North Tollway and
LBJ Freeway/For office leasing contact: , • • Partners (972) 380-6752
COWLES &THOMPSON A Professional Corporation ATTORNEYS AND COUNSELORS ANGELA K. WASHINGTON 214.672.2144 AWASHINGTON@COWLESTHOMPSON.COM March 17, 2004 VIA HAND DELIVERY Ms. Cynthia Calhoun
County Clerk Records Building 509 Main Street, Second Floor Dallas, Texas 75202 RE: Correction Special Warranty Deed Dear Ms. Calhoun: Enclosed please find an original and two (2) copies
of a Correction Special Warranty Deed granted by Post Services, Inc. to Town of Addison, Texas. Please file the original in the Dallas County Real Property Records and file-stamp and
date the enclosed copies and return the copies to me in the self-addressed, stamped envelope which is enclosed with this letter. Once the original has been filed, please return the original
to: Angela K. Washington Cowles & Thompson, P.C. 901 Main Street, Suite 4000 Dallas, TX 75202 A check in the amount of $26.00 is enclosed as the filing fee to file the original of Correction
Special Warranty Deed. Thank you for your help and attention to this matter. Should you have any questions, please give me acall. Sincerely, Ms. Carmen Moran Mr. Mike Murphy Mr. Kenneth
C. Dippel AngelaK.􀁷􀁬􀁾􀁾􀁾 AKW/yjr Enclosures c(w/o Ene.): (w/o Ene.) (w/o Ene.) ..... D ALL A S Document #. 1098505 T Y L E R 901 MAIN STREET SUITE 4000 DALLAS. TEXAS 75202·3793 TE
L 214.&72.2000 FAX 214.&72.2020 WWW.COWLESTHOMPSDN.COM
CO\VLES &THOMPSON A Professional Corporation ATTORNEYS AND COUNSELORS ANGELA K. WASHINGTON 214.672.2144 AWASHINGTON@COWLESTHOMPSON.COM March 16, 2004 Ms. Gayle Walton Department Secretary
City Manager's Office Town of Addison P.O. Box 9010 Addison, TX 75001-9010 RE: Town ofAddison, Texas v. Absolute Systems, Ltd., et ale Cause No. CC-03-01967-B Parcel 8, Arapaho Extension
of Road Project Dear Gayle: Enclosed for the Town of Addison's records is the original Settlement Agreement, Release and Agreement to Grant Easement in the above-referenced case. Once
the Judgment in this case has been entered with the Court, I will obtain a confonned copy for the Town's records. If you have any questions, please give me a call. Sincerely, Angela
K. Washington AKW/Y.ir Enclosure c(w/Enc.): (w/Enc.) (w/o Enc.) Mr. Mike Murphy Mr. Steve Chutchian Mr. Kenneth C. Dippel '.' " 􀀮􀁟􀀧􀀮􀁾 Y, 􀀨􀁾􀀬􀀧 r 􀁾􀁩􀀼􀀺􀁾􀀱􀀧 D ALL A S Document
#; 1098216 T Y L E R 901 MAIN STREET SUITE 4000 DALLAS, TEXAS 75202·3793 TEL 214.672.2000 FAX 214.672.2020 W W W. COW L EST HOM P SON. COM',
No. CC-03-01967-B TOWN OF ADDISON, TEXAS §§§§ w. §§ ABSOLUTE SYSTEMS, LTD., 276 TRUST § AND MERRILL LYNCH BUSINESS § FINANCIAL SERVICES, INC. § IN THE COUNTY COURT AT LAW, NUMBER 2 DALLAS
COUNTY. TEXAS SETTLEMENT AGREEMENT, RELEASE AND AGREEMENT TO GRANT EASEMENT This Agreement is entered into on this datebyand between theTOWNOFADDISON, TEXAS ("Plaintiff) and ABSOLUTE
SYSTEMS, LTD., 276 TRUST and MERRILL LYNCH BUSINESS FINANCIAL SERVICES, INC. (referredto herein collectively as "Defendant") for the purposesofresol vingall matters ofcontroversy in
dispute arising out oforrelated to the matters set forth in the above styled and numbered cause ofaction. On or about the 19th day ofFebruary, 2003, the Town ofAddison, Texas filed the
above action in order to acquire a 0.6709 acre pennanent easement upon, under, over and through the propertyowned byAbsolute Systems, Ltd. commonlyknown as 4139 Centurion Way, Addison,
Texas, and which is more particularly described in said Statement in Condemnation(the "Subject Property"). The Subject Property is ownedbyAbsolute Systems, Ltd. and it is encwnbered
by a Deed ofTrust to Merrill Lynch Business Financial Services, Inc. Further, underthe SETTLEMENT AGREEMENT, RELEASE AND AGREEMENT TO GRANT EASEMENT H:ILITSlJPIIJ B 􀁇􀁉􀁅􀁟􀁄􀁏􀁾􀁬􀁁􀁉􀁎􀁉􀁁􀁤􀁤􀁩􀁳
􀁯􀀢􀀮 Town oIlSettlement.Agt.wpd Page I
tenns ofthat certain CondemnationRights ReselVationAgreement dated the 2nd dayofJuly, 2002, 276 Trust, pursuantto this Agreement, has exercised its rights to recover all condenmationproceeds
arising from the acquisition ofthe pennanent easement as set forth more particularly underthetem1s ofthat particular agreement. In consideration for the granting ofthe Easement byAbsolute
Systems, Ltd., theTown ofAddison shall pay to 276 Trust the total amount of$225,000, consisting ofa check in the amount of$ll 0,000, paid contemporaneouslywith the executionofthis Agreement,
along with all sums currentlyin the registryofthe Court representing the $115,000 previously postedby the TownofAddison in accordance with the Award ofthe Special Commissioners. Theparties
agree that, contemporaneously with the execution ofthis Agreement, theywill execute an appropriate order or documents enabling 276 Trust to withdraw the SUIrof$115,000 which is currentlyin
theregistryoftheCourt. Theparties further agree to execute any and all documents reasonably necessary to effectuate the withdrawal ofthese funds from the Court. For and in consideration
ofthe above amount, and the mutual promises contained herein, Absolute Systems, Ltd. shall granttheTownofAddisonthe 0.6709 acre pennanent easement for the construction, repair and maintenance,
revision, inspection, and supervision of that certain roadway, bridge and associated improvements, appurtenances and all related structures and supports required to be constructed within
the pennanenteasement areabeing granted hereunderrelated to the extension ofArapaho Road through Addison, Texas. In further consideration for the above sum, Defendants do hereby fully
and forever release and discharge theTownofAddison, Texas from any and all claims, demands, causes of SETTLEMENT AGREEMENT, RELEASE AND AGREEMENT TO GRANT EASEMENT H:\LITSl'P\lJ B 􀁇􀁜􀁅􀁟􀁄􀁏􀁍􀁁􀁉�
�􀁜􀁾􀁤􀁤􀁩􀁳􀁯􀁮􀀮 Town of\SeUlemenLAgl.wpd Page 2
action, damages, or anyother alleged injuries related to or associated with the acquisition ofthepennanent easement, the negotiatiod for said easement, including but not limited to,
any and all claims for any alleged lack ofgood faith negotiation, procedural inadequacies or defects related to the condemnation process in this cause, claims for compensation for the
rights being acquired for the permanent easement and for damages to the remainder ofthe Subject Property, ifany, claims for damages related to any alleged impact or adverse effect on
the use or usability oftheSubjectPropertyrelated to the bridge, for any alleged noise or vibration associated with the bridge, or otherwise related to the construction, operation or
maintenance ofthebridge, damages for mental anguish or stress, attorney's fees, or anyand all other damages which could be claimed arising from the Project across, upon, under, overand
through the Subj ect Property or from the relationship ofthe parties in this action, except nothing contained herein shall prevent Absolutt' Systems, Ltd. from asserting or recovery
for any claims it mayhave for anydamage to the building located on the Subject Property which is caused by or results from the construction of the bridge. This release contains the entire
agreementbetween the parties hereto, and thetenns ofthis release are contractual and not a mere recital. As further consideration for the grantingofthis easement, theTown ofAddison agrees
to restore the parking area currently within the 0.6709 acre permanent easement. Upon completion of the constructionoftheparking area, the Town ofAddison shall have no further obligation
or responsibility with regard to the maintenance and upkeep ofthe parking area, which responsibility shall remain solely with the owner of the underlying fee estate ofthat permanent
easement area. SETTLEMENT AGREEMENT, RELEASE AND AGREEMENT TO GRANT EASEMENT H:\LITSUP\lJ B GIE_DOMAIN\Addison. Town oflSetllemem.Agt.wpd Page 3
The Town of Addison hereby represents that the construction of the bridge and associated structures and improvements within thepemlanenteasement area will notrenderthebuildingcurrently
located at 4139 CenturionWaynonconfonning and that the construction ofsuch improvements shall not be constructed withinanyportion ofthe buildingcurrentlyexistingat4139Centurion Wayand
thatthe construction of the bridge and associated improvements and structures shall be located within the permanent easement being granted hereunder. 276 Trustrepresentsthatitis the
sole entityentitled to receive all proceeds being paid hereunder pursuant to that certain Condemnation Rights Reservation Agreement; that no other person orentity, save and except its
attorneys, are entitled to receive any ofsuch proceeds; and that Gary Crouch is duly authorized to execute this agreement and any related documents on behalf of 276 Trust. AbsoluteSystems,
Ltd. represents that it is the owneroffee simple titleofthe SubjectProperty; thatno otherperson or or entityholds anyinterest in or to said Property except those certain rights held
by 276 Trust underthe terms ofthe Condemnation Reservation Rights Agreement referenced herein and those rights held under that certain Deed ofTrust on the Subject Property for the benefit
ofMerrill Lynch Business Financial Services, Inc.; that Gene Harris is duly authorized officerto execute this agreement and all related documents on its behalf; and further acknowledges
that 276 Trust is entitled to all condemnation proceeds being paid hereunder and does herebyexpresslyrelinquishand waive any and all right to any proceeds being paid hereunder. SETTLEMENT
AGREEMENT, RELEASE AND AGREEMENT TO GRANT EASEMENT H:ILITSUP\lJ B GIE_DOMAINlAddison, Town oflSettlemenl,Agl.Wpd Page 4
Merrill Lynch Business Financial Services, Inc. represents that the person executing this document on its behalfis a duly authOlized officerto execute said Agreement; and filliheracknowledges
that 276 Trust is entitled to all condemnation proceeds hereunder and does expressly relinquish and waive any and all right to any proceeds being paid hereunder. Defendants each represent
and warrant that they are the owner and holder ofall claims and causes ofaction which are the subjectmatter ofthis agreement and that theyhave not assigned, transfen"ed, sold, orotherwise
encumbered any portionofits causes ofaction herein to anyone other than to their attomeys. This Agreement contains the entire agreement of the parties and supercedes all other prior
agreements among or between any ofthe parties. No representations were made or relied upon byany of the parties, other than those expressly set forth herein. No party or representative
of a party if empowered to alter any ofthetenns hereof, unless done in writing and signedbythe party. This Agreement cannot be amended, altered, or modified except bya subsequent written
agreement executedby all parties hereto. Except for provisions related to entitlement to the proceeds from any condemnation proceedings, nothing contained in this Agreement shall be
deemed to effect the rights or obligationsbetween 276 Trust, Absolute Systems, Ltd. and Merrill Lynch Business Financial Services, Inc. under any instrument between those parties related
to the Subject Property. Theparties agree that simultaneously with the execution ofthis Agreement, the parties shall execute that Agreed Judgment attached hereto as Exhibit "A". SETTLEMENT
AGREEMENT, RELEASE AND AGREEMENT TO GRANT EASEMENT H:\LJTSl'P\lJ B G\E_DOMAINlAddison. Town oI\Settlement.Agt.wpd PageS
EACH PARTY HERETO ACKNOWLEDGES THAT THEY HAVE READ AND UNDERSTANDTHEEFFECf OF THIS AGREEMENT,HAVE BEENADVISED BY COUNSEL AS TO THE EFFECT OF THIS AGREEMENT, AND EXECUTE THEAGREEMENTOF
THEIR OWN FREE WILL AND ACCORD FOR THE PURPOSES AND CONSIDERATIONS SET FORTH. THIS AGREEMENT MAY BE EXECUTED IN MULTIPLE COUNTERPARTS. This Agreement shall be construed underand in accordance
with thelaws 0 f the StateofTexas, and all obligations oftheparties createdbythis agreement shall beperfonned in Dallas County, Texas. Ifanyone or more ofthe provisions contained in
this Agreement shall for any reason be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision ofthis
Agreement and shall, ifpossible, be construed as ifsuch invalid, illegal, cr unenforceable provision had been drafted to be valid, legal, or enforceable. This Settlement Agreement and
Release is being entered into solely for thepurpose ofavoiding the expense and uncertainties oflitigation, and thepayment ofthe sums due hereunder are not to be construed as an admission
of liability by either party, which liability is expressly denied. SIGNED this _ day of , 2004, by: 276 TRUST By:__.-e--t--=IbI"-:iV/-+-------------GARY CROUCH SETTLEMENT AGREEMENT,
RELEASE AND AGREEMENT TO GRANT EASEMENT H:\LITSUPllJ B GIE_DOMAINlAddison, Town oflSettlemenl.Agt.wpd Page 6
THE STATE OF TEXAS COUNTY OFrfJM.la.v §§§ NOTARY PUBLIC, State of Texas BEFORE ME, the undersigned authority, on this day personally appeared GARY CR0 UCH, for and on behalfof276 TRUST,
who, beingbyme first duly sworn, upon oath stated that he has read the above and foregoing SettlementAgreement, Release and Agreement to Grant Easement, and that he has executed the
same for the considerations therein stated. GIVEN UNDER MYHAND AND SEALOF OFFICE this /51 􀁤􀁡􀁹􀁯􀁦􀀱􀁴􀁬􀁾 ,2004. THE STATE OF TEXAS COUNTY OF _ §§§ BEFORE ME, the undersigned authority,
on this daypersonallyappeared GENEHARRIS, for and onbehalfofABSOLUTE SYSTEMS, LTD., who, beingbyrne first duly sworn, upon oath stated that he has read the above and foregoing SettlementAgreement,
Releaseand Agreementto Grant Easement, and that he has executed the same for the considerations therein stated. GIVEN UNDERMYHAND AND SEALOF OFFICE thisLdayof ,A/!C!II ,2004. SETTLEMENT
AGREEMENT, RELEASE AND AGREEMENT TO GRANT EASEMENT H:ILITSUPllJ B GIE_DOMMNIAddison. Town of\Settlement.Agt.wpd PageS
THE STATE OF J: [{ ('/11 C!'r COUNTY OF CfJO{( ) §§§ BEFORE ME, the undersigned authority, on this day personally appeared hel n \do Spilice r FINANCIAL SERVICES, INC., who, beingbyme
first duly sworn, upon oath stated that he has read theabove and foregoing Settlement Agreement, Release and Agreement to Grant Easement, and that he has executed the same for the considerations
therein stated. GIVENUNDERMY HANDANDSEALOF OFFICEtbisJ211Jayof 􀁲􀁥􀁬􀁨􀁾􀀬2004. THE STATE OF TEXAS COUNTY OF DALLAS BEFORE ME, §§§ the undersigned authority, on this day personally
appeared Ro-"lJ,,-·_'\"\l---'--!.t'..:-'\-,-􀁾-rt􀀭}tQ'-')..:U.==, -__,for and on behalfof the TOWNOF ADDISON, TEXAS, who, being bymefirst duly sworn, upon oath stated that he has read
the above and foregoing Settlement Agreement, Release and Agreement to Grant Easement, and that he has executed the same for the considerations therein stated. GWENUNDERMYHANDAND SEALOF
OFFICE this Lfnhayof MAiU.kt" ,2004. MICHELE l. COVINO NOTARY PUBLIC. STATE OF TEXAS MY COMMISSION EXPIRES 09-22·2005 NOTARY PUBLIC, State ofTexas SETTLEMENT AGREEMENT, RELEASE AND AGREEMENT
TO GRANT EASEMENT H:\L1TSI;P\1J B G\E_DOMAIN\Addison. Town of\Senlement.Agt.wpd Page 9
SEP-08-2005 08:30 COWLES &THOMPSON A 􀁐􀁲􀁯􀁬􀁵􀁳􀁬􀁯􀁮􀁾􀀧 Co,pOrallo" ATTORNEVS AND COUNSELORS FACSIMILE COVER PAGE 2146722020 P.01/18 Date: September 8,2005 Time: Total Number of
Pages (including this sheet): _'􀀱􀁾 Normal/Rush: Normal ClienVMatter #: 3195162693 TO: (1) Nancy Cline Director of Public Works FAX: (972) 450-2837 PHONE: FROM: Kenneth C. Dippel Direct
Dial #: (214) 672-215J MESSAGE: RE: Absolute Systems, ltd.• Per your e-mail request, I have attached the Statement in Condemnation and settlement papers. Please call if you have any
questions. IF YOU HAVE ANY PROBLEMS WITH THIS TRANSMISSION, PLEASE CALL Yolanda Rodriguez at (214) 672-2629 Thank you. IMPORTANTICONFIDENTIAL: This message is intended only for the use
of the individual or entity to which it is addressed. This message contains information from the law firm of Cowles & Thompson which may be privileged, confidential, and exempt from
disclosure under applicable law. If the reader of this message is not the intended recipient or the employee. or agent responsible for delivering the message to the intended recipient,
you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify
us immediately at our telephone number (214) 672-2000. We will be happy to arrange for the return of this message to us, via the United States Postal Service, at no cost to you. D ALL
A S T V L E R 901 MAIN STREET SUITE 4000 bALLAS, TEXAS 75202-319) TtL H4.&72.2000 !'AX 214.H2.20l0 IN WIN. COW L!STH 0 '" "SOH.C OM
SEP-08-2005 08:30 2146722020 P.02/18 VS. No. TOWN OF ADDISON, TEXAS DALLAS COUNTY, TEXAS :r.:q r= n 􀁾 .....,. ,,' 􀁾􀀮􀀢􀀡􀀧 2D03 FEB 19 PH 2= 43 IN THE COUNTY COURT l,;L:l1N, r C"LERK
DAlLfJ,S COUNTY ATLAW,NUMBER 􀁾 §§§§§§ ABSOLUTE SYSTEMS, LTD., 276 TRUST§ AND MERRILL L¥NCR BUSINESS § FINANCIAL SERVICES, lNC. § STATEMENT IN CONDEMNATION TO THE HONORABLE JUDGE OF
SAID COURT: COMES NOW, the TOWN OF ADDISON, TEXAS, a home rule City operating under the laws of the State of Texas and files this its Statement in Condemnation and would respectfully
show this Court as follows: I. The Towil of Addison, Texas files this action to acquire a pennanent easement in, over, under, across and through that certain 0.6709 acre· p011ion of
a 2.521 acre tract ofland, being Lot 6, Surveyor Addition, recorded ill Vol. 79130, Pg. 2496 in the Deed Records of Dallas Cmmty, commonly known. as 4139 CentUlion Way, in the Town ofAddisOll,
Texas, and more fully described in Exhibit "A" attached hereto and incorporated by reference. herein as ifset fOl1h at lengtll, for the purpose ofconstI1.lctil1gtllose improvements necessary
to provide for the realigrunem, extension and STATEMENT IN CONDEMNATION G:' 􀁗􀁏􀁐􀀮􀀢􀁜􀁌􀁊􀁔􀁓􀁌􀁬􀁾􀁉􀀮􀁉 B G.Ii_DDMAlN .Addi,••. T(,.", Cf.PClition.\I'pd
SEP-08-2005 08:30 ,............ 2146722020 P,03/18 improvement of Arapaho Road. The property is ov..-ned by ABSOLUTE SYSTEMS, LTD., a Texas Limited pannership, which may be served with
process by serving Mr. Gene HaITIs, Vice President of Juvat, Inc., its General Partner at 2309 West Parker Road, PlallO, Texas 75023. ABSOLUTE SYSTEMS, LTD. acquired title to dle property
on or about July 2, 2002, when it purchased the property from 276 TRUST, aTrust organized and existing under the laws ofthe State ofTexas. In connectiol1 with thattransaction, 276TRUSTretained
an interest in the condenmation proceeds as set fortb in that certain Condemnation Rights Reservation Agreement entered into .. between the parties on or about the above date. Therefore,
276 TRUST bolds an interest in .this property and the proceeds from this proceeding, and is a necessary party to this proceeding. 276 TRUST may be served with process by serving its
attonley, Barry Knight, who has agreed [0 accept service. MERRILL LYNCH BUSINESS FINANCIAL SERVICES, INC. holds a security interest in the above propertyundel'tllat certain Deed ofTrust
recorded in Vol. 2002131, Page 7475 of the Deed Records of Dallas County, Texas, and may be served with process by serving its registered agel,t, Prentice Hall Corporation, 800 Braws
Street, Austin, Texas 7870L II. The City Council of the TOWN OF ADDISON, TEXAS has found and detennined that it is necessary to acquire apennanent easement in, over, under, across, and
through the above said tract of land (Exhibit "A"), pursuant to existing law, same to be paid for by said TOWN OF ADDISON, with title thereto vesting in the TOWN OF ADDISON, for the
purpose of acquiring STATEMENt IN COND!MNATJoN G;",WORK,L1TS\JP,II H􀁃􀁩􀂷􀁊􀀺􀀺􀁟􀁄􀁏􀁍􀀢􀁉􀁾􀀧􀂷􀀢􀀢􀁤􀁤􀁩􀁾􀀮􀁮􀀮 TI'I\"I\ o[,P"irillll....pO
SEP-08-2005 08:30 .,.-....". , , 2146722020 P.04/18 the necessary 􀁲􀁩􀁧􀁬􀀱􀁴􀁾􀁯􀁦􀀭􀁷􀁡􀁹 for dle Arapaho Road Project through these proceedings in eminent domain. Said Condemnees
shall retain the right to use that p01tion ofthe property taken within the easement area and located under the elevated roadway, for the purposes ofparkiug, for illgress and egl'ess,
provided that such use does not intelfere with the right ofthe City to operate and tnaintahl the roadway or otherwise endanger the health and safety of the public. III. That for the
establishment, construction and operation ofilie said Arapaho Road Project, it is necessary that PJ aintiff acquire the pennanent easement in, over, undert across and through the above-described
tract. Plaintiff and COndel1llleeS have. been unable to agree upon the damages resulting from the taking of such property although Plaintiff has made an effolt to reach such an agreement,
and in furtherance ofsaid effort, has made a finn offeno purchase the easement from the Condemnees, which offer was rejected. Further negotiations would be futile. IV. That there has
been conferred upon Plaintiffthe powers ofcondemning and acquiring land as it is entitled to do under existing law, with title thereto vesting in the TOWN OF ADDISON, TEXAS. STATEr-tENT
􀁌􀁾 CONDEMNATION C, 􀀬􀁉􀀮􀁖􀁏􀁬􀁬􀀮􀁉􀁾􀁜􀁌􀁉􀁔􀁓􀁕􀁐 ,1,19 (j <:_DClMAIN .Andiso". TOl\'n h,\Prli\ion,,,pU
SEP-0B-2005 08:30 r--.. PRAYER .r--" 2145722020 P.05/18 WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that three disinterested freeholders of Dallas 􀁃􀁏􀁕􀁬􀁬􀁴􀁹􀁾 Texas, be appointed
Special Commissioners as provided by law, to assess the actual damages occasioned by the acquisition ofthe property rights herein described: and prays for a Decree ofCondemnation, vesting
title to the easement described ill Exhibit "A" attached hereto, in Plaintiff, that Plaiutiffrecover its costs ofcourt, and for all other relief to which it may be entitled. Respectfully
submitted, . S KS Texas Bar 10430300 GAY, McCALL, ISAACKS, GORDON &ROBERTS 777 East 15th Stree[ Plano, Texas 75074 Telephone: 972/424·850 l Telecopier: 972/424-5619 ATTORNEY FOR PLAINTIFF
STATEMENT IN CONIlEM."'lATION G:'WOIl,l:'J.ITS\JI'.I,I 8 􀁏􀀧􀀬􀁾 _DQMIU!\'J\ddi,"", TO\\,I) n(,r";tion,,,pd Pagt4
SEP-08-2005 08:30 Parcel 8 Field Note Description Arapaho Road project Town of Addison Dallas county, Texas 2146722020 P.06/18 BEING a description of a 0.6709 acre (29,223 square foot)
tract of land situated in the W.H. Witt Survey, Abstract Number 1609, and the David Myers Survey, Abstract Number 923, Town of Addison, Dallas CountYI Texas, and being a port ion of
a called 2.5212 acre tract of land conveyed to Absolute Systems, Ltd. on July 8, 2002 and 􀁲􀁾􀁣􀁯􀁲􀁤􀁥􀁤 in Volume 2002131, Page 07460 of the Deed Records of Dallas County, Te:xas,
said called 2.5212 acre tract being all of "Lot 6, Surveyor Addition, Addison West Industrial Park", an addi tion to the Town of Addison, as 􀁥􀁶􀁩􀁤􀁾􀁮􀁣􀁥􀁤 by the plat dated March
29, 1979 and recorded in Volume 79130, Page 2495 of said Deed Records, said 0.6709 acre tract of land being more particularly described by metes and bounds as follows; BEGINNING at a
1/2 inch iron rod found in the proposed No.(th right of way line of Arapaho Road and the South right of way line of a 100 foot wide railroad righ't of way as 􀁣􀁄􀁮􀁶􀁾􀁹􀁥􀁤 to Dallas
Area Rapid Transit Pro?erty Acql..1isition Corporation (herein referred to as DART) on 􀁄􀁥􀁣􀁥􀁭􀁢􀁾􀁲 27, 1990 and recorded in Volume 91008, Page 1390 of said Deed Records, said point
being. the common Northeast corners of said called 2.5212 acre tract and "Lot 6, Surveyor Addition, Addison West Industrial Park", and Northwest corner of a called 3.4654 acre tract
of land, 25% interest conveyed by Epina Properties Limited to 15101 Midway Road Partners, LTD. on Dacernber 25, 1998 and recorded in Volume 98250, Page-02787 of said Deed Records, 75%
interest conveyed by Lehndorff & Babson Property Fund· to 15101 Midway Foad Partners, LTD. on December 25, 1998 and 􀁲􀁥􀁣􀁯􀁲􀁤􀁾􀁤 in Volume 9B2S0, Page 02796 of said Deed Records,
said called 3.4654 acre tract being all of the Surveyor Addition, Addison West Industrial Park, an addition to the Town of Addison, as evidenced b{ the plat dated October 24, 1978 and
recorded in Volume 79029, Page 0984 of said Deed Records; THENCE, SOUTH 00°07'27" WeST (called South 00°08'05" West), departing said lines and along the common East line of said c21led
2.5212 acre tract and West line of said called 3.4654 acre tracL, a distance of 78.96 feet to a 5/8 inch iron rod set in the proposed South right of way line of Arapaho Road; EXHIBIT
"A" Page 1 of 3
SEP-08-2005 08:30 PARCEL 8 -ARAPAHO ROAD PROJECT 2145722020 P.07/18 THENCE, NORTH 89':>58'49" WEST, departing said COITUi'Lon line and along the proposed South right of way line of Arapaho
Road, a distance of 370.10 feet to an "X" in concrete set in the corrunon West line of said called 2.5212 acre tract and, East 1 ine of a called 1.776 acre tract of land conveyed to
Michael B. Schiff on August 31, 1982 and recorded in Volume 82172, Page 2888 of said Deed Records, said called 1.776 acre tract of land being all of Intervest Companies Addition, an
addition to the Town of Addison, as evidenced by the plat dated October 29, 1982 and recorded in Volume 83017, Page 2268 of said Deed Records; THENCE, NORTH 00Q05'03" EAST (called North
􀀰􀀰􀁾􀀰􀀸􀀧􀀰􀀵􀁮 East), departing said line and along the common West line of said called 2.5212 acre tract and East line of said called 1.776 acre tract, a distance of 78.95 feet
to a 5/8 inch iron rod set in thE proposed North righ.t of· way line of, Arapaho Road Road and South right of way ·line of said DART railroad for· the common Northwest corner of said
called 2.5212 acre' tract and Northeast 􀁾􀁯􀁲􀁮􀁥􀁲 of said called ,1.77.6 acre tract, from said point a found 1/2 inch iron rod bears North 00"08'18" East, a 􀁤􀁩􀁳􀁾􀁡􀁮􀁣􀁥 of 0.24
feet; THENCE, SOUTH 89"58'49" EAST (Called EAST), departing said common line and along the common North line of said called 2.5212 acre tract, proposed North right of way line of Arapaho
Road, ,and South right of, way line of said .DART railroad, .a distance ,of 370.15 feet (called 370.00 feet) to the POINT OF BEGINNINGi 􀁃􀁏􀁎􀁔􀁾􀁉􀁎􀁉􀁎􀁇􀀬􀁡􀁮 area of 0.6709 acres
or 29,223 square feet of land within the metes recited. Page 2 of :3
SEP-08-2005 08:31 " PARCEL 8 -ARAPAHO ROAD PROJECT 2146722020 P.08/18 All bearings are referenced to the North Right of Way line of Centurion Way, called S 89° 51' 55'1 8, according
to the final plat of Lot 3, Surveyor Addition, recorded in Vol. 77173, Page 135, Deed Records of Dallas County, Texas. A plat of even description. survey date herewith accompanies this
I, Ayub R. Sandhu, a Registered Professional Land Surveyor, hereby certify ,that the legal description hereon and the accompanying plat represent an actual survey made on the ground
under my supervision. Revised August 21, 2002 to change ownership. 􀁾􀂣􀀺􀁾􀀭􀁊􀀯􀀭􀀩􀀮􀁴􀀭􀁮 A ub R,. Sandhu, R.P.L.S. Texas Registration No. 2910 p"qe 3 of 3
.. :.... 􀁾 '. I 􀁾 : .: .-􀁾 .", '. ! • 􀁾􀀧􀁾􀀭􀀭􀀻􀁲􀀭􀁮􀀭􀀭􀀭􀁮􀁮 -. ----------;.-. ----.". 􀁾 ------":'"-􀁅􀁾􀁊􀁲􀁬􀀧􀁖􀀧􀀧􀀧􀀧􀀧􀀧 __. _omG,..,.._ ------􀀮􀀭􀁾􀀺􀁾 􀁾􀀮􀀵􀀺 I .--.-,-----------.
. .!t 􀁾􀁧􀀧􀀢 􀁾􀁟􀀮􀁥􀁴􀀭􀁕􀀧􀁬􀁟􀀮 􀀯􀁾 􀁾 r .... 􀁾􀀮􀀮􀀮􀀮􀀮􀀺􀀮􀀺􀀮􀀭 ... 􀁟􀀮􀁟􀀢􀀢􀁾􀀮􀀻􀀺􀀮􀀮... 􀀮􀁟􀀭􀁾􀁟􀀮􀀭􀀢􀀧􀀭􀀭􀀭􀀢􀀧􀀢􀀧􀁾􀀬 -'.-.-1'--I (S) 􀁾 w : t 30' WAlER 􀂣􀁁􀁓􀁛􀁉􀀬􀀴􀁅􀁎􀁔�
� (\J 􀁾 I ' , "' (S) ';!". , I N I eaid --------------------􀁾 j!􀁾􀀺 .__----,.-􀁾􀁒􀁏􀁾􀁏􀁓􀂣􀁏􀀭􀁁􀁁􀁾􀁁􀁾􀁏􀀭􀀭􀀭􀁒􀁏􀁁􀁄􀀭􀀭􀀭􀀭 UJ • 00.... I 􀁾 I., . "" ' 􀁾 ..., cc,,, 􀁾 0 J
􀁾 I I' 􀁾􀀮 DRAlt-iACE CHANNEL r;; I 􀁾 z .' "----.4---, ,.._-'---EASDAENT 􀁾􀀬􀀬􀁜􀀽􀁃􀀭.-. ----...-··r,:;,.':;o,"",.\:---·,---_ .• 􀁟􀁾􀀭􀀬 \ g\ i { 􀀬􀀺􀁾􀀢 \\, 􀁾 '" 􀁾 􀀺􀀮􀁾 􀁲􀁾
􀀼􀀺􀁾􀀢 _ 􀁾 ---,􀁾 􀁾.',: \. EXHIBIT "8" 􀁾 OAllAS ARE·A RAPID lFlANSIT 􀀭􀀽􀀮􀀮􀀺􀀺􀁅􀁉􀁉􀁏􀁦􀁅􀁉􀁕􀁙􀀺􀁁􀁃􀁏􀁏􀁉􀁓􀁊􀀩􀁊􀁻􀁬􀁦􀁏􀀺􀁏􀁒􀁥􀀺􀀭􀁑􀁂􀁾 􀁾 􀁄􀁅􀁊􀁬􀀺􀁾􀁒􀁒􀀮􀁾􀁾􀀧􀁾􀀹􀀹􀀰
. -􀁀􀀩􀁾􀁙􀁄􀁬􀁉􀁄 R{i)WIEIft$ 􀁾􀁬􀁌􀁏􀁡􀁮􀀣􀁾􀁷 _. 􀀫􀀽􀀧􀀭􀀽􀀭􀁾􀁾􀀽􀀽􀀭􀀭􀁗􀀻􀀻􀁾􀀽􀀭􀁾􀁕􀀧􀁩􀁍􀁦􀀭􀀭􀀭􀁓􀁩􀁬􀀡􀁊􀁊􀁭􀁬􀀧􀁩􀁜􀀧􀁾􀁖􀁾􀀺􀀧􀁾􀀺􀀧􀀺􀀢􀀧􀁾􀀺􀀧􀀺􀀧􀀺􀀧􀀺􀀭􀀺􀀺􀀭 if,
VOL 􀀡􀁬􀁉􀁾􀁾􀀮􀁣􀁲􀁦􀀮 '''90 􀀦􀁡􀁴􀁬􀁬􀁾􀀳 . 􀁾 (S) 􀁾􀁄􀀮 1/2" IRON ROD c,., ., . 0.: " ••,.. L 􀁎􀀰􀀶􀀱􀁬􀁾􀀧􀁂􀀢􀁅 -􀁾􀀮􀀲􀀴 (l'AUJ:O £ASI) i 3' ELECTRIC £ASEt.lENT 􀁾􀀮􀀧•. _
􀁾 .. s ens'049" E 370. t 5' mo. lIZ" IRON ROO "o::::.:..c...;; GR APHIC SCAlf 1 INCH = 50 n . so a 25 50 100 􀁾􀁟 I! I 􀁾􀀭 ;!. ..".' 􀀬􀁾 I .--.􀀭􀁃􀁁􀁲􀀣􀁾 3.-wi 􀁾􀁾.. -..• I 151m MtOIl6..Y.R9AIJ PARTNERS, LID. OECEI.IBER 25. 11l!.l8 VOL 􀀡􀁬􀀸􀀲􀁾􀁏􀀮·PG. 02787 􀀨􀁾 INTEflEsT) VOL 􀀵􀁬􀀸􀁾􀁏􀀮 PG. 02796
(75-': INlEREST) D.R.D.C.T. LOT 4-suRVE YOH ADOInCtl ADDISON WEST 11'1005 TR1Al PARI( DECHI8ER 26, 1978 'KlL 79028, PG. 􀁻􀀩􀁾􀁦􀀾􀁾 O.R.O,C.T. PARCEL 8 A PLAT OF A 0.6709 ACRE (29,223
sa. FT,) TRACT OF lAND IN l11E W.H. 'WITT SURVEY A8SlRACT NO. 1609 &: DAVID t.lYERS SURVEY ABSmACT NO. 923 TOWN OF ADDISON DALLAS COUNTY, TEXAS 􀁾􀀮􀁟.._I...-CALI...E CI 2.5212 AC. ABSOLUTE
SYSilEMS, LID .l.lLY 8, 2002 VOL 2oo21J1. PG. 7400 O.R.O.C.T. 􀁾􀁜􀁩􀀺􀀡 ;1 􀁾􀁾􀁉 􀁾􀁾 􀀨􀀯􀀧􀀱􀀰􀁾 􀀺􀀭􀀮􀁩􀁲􀀮􀁲􀀮􀀬􀁾􀀺 --W-89"5lrt9", OWNER NMoiE CHANa: e/20j02 REIIISICf'lS: fl􀁾'􀀺'\.􀁾.
􀁾􀁾􀁾􀁦􀀪􀁾􀁾􀀬 􀀺􀁻􀀮􀁲􀀮􀁜􀁾􀁕􀀶􀀮􀀺􀀮􀂷􀂷􀀭􀁴􀀮 􀁾 􀀯􀁾 􀁴􀁾􀀺􀁾􀂷􀀭􀁴􀀺􀀧􀀻􀀧􀀺􀁲􀁩􀁾􀁾􀀢􀁴􀁾 CENOTES II F"OUM:l POl"'T AS ''''DIeATED 􀁾 ...-.'J ....􀁾...􀁾..... 􀁾􀀢􀁊􀀮􀀺􀀮􀀬
f./CENOTES A. 5/8-IRON RlD SH UNLESS 􀁾􀁾􀀺􀀮􀀭􀁾􀀻􀀬􀀩􀁾􀁾􀁓􀁉􀁏,-.;.:'Y,:.;::; OlHERlJlSE NOTED ;:.. '.".-' ,'-.'S'S 􀁾􀀺􀀺􀀬􀁟􀀮􀀮􀀺􀀮􀀮􀀺􀁊􀀼􀀬􀀮􀁾 --PROPOSE!} RtGiT Of WAY UNE 􀁁􀁲􀁾􀀢􀀡􀁾
WTfi SUR\lEYOR ADDITION ADmSON WEST INDlJSlRlAL PARK "'ARCH 29. 1979 VOL 791.30. PG. 􀁾􀁾􀀹􀁓 D.R.O.C.T. 􀁲􀁾􀀭􀀭􀁾􀁾􀀭􀀧 'Sf"t"'X... iN (C«O.---.,-UICHAEl. B. SCHIfF AUGUST 31, 1982
IICl. B2.1 72. PO. 2M8 C.R.D.C.T. INTERVEST COlAPANIES ADDITION OCTOBER 29, 19112 va.... B3017, pc;, 22ti6 a.R.D.CT. ASEMENTS SHOWN /IRE TAKEN FROM THE PLATS INDICATED IN. THE SUR'vt:YOR
OlD NOT Al3SlRACT lHE SUBJECT :RlY so All.. EASEMENTS ..AY NOT 8E .SHOWN. EARINCS ARE REFERENCED TO THE:. NORlH R1GHT Of WAY )1" CENlURJON WAY, CAll.£D·5 89"51'55" E. ACCORDING TO 7'"
PLAT or LOT :l, SUR\£YOR AOOITlOH, RECORDED IN \. • PAGE U5. O.R.O. C.r. ;AL O[SCRIP1IQN Of EVEN SURVEY DATE HEREWm-l lPANIES THIS PLAT. i: ...... 1'1 CD (S) 􀁾I CD (S) I a. WlJ)
SEP-08-2005 08:31 2146722020 P.10/18 GAY MCCALL ISAACKS 972 422 9322 P.02/13 No. 􀁃􀁃􀀮􀁯􀀳􀁾􀀰􀀱􀀹􀀶􀀢􀀭􀁂 TOWN OF ADDISON, TEXAS §§§§ 􀁾 §§ ABSOLUTE SYSTEMS, LTD., 276 TRUST § AND
MERRILL L¥NCR BUSINESS § FINANCIAL SERVICES, INC. § IN THE COUNTY COURT AT LAW, NUMBER 2 DALLASCOUNTY,TEXAS SETTLEMENT AGREEMENT, RELEASE AND AGJtEEMINT TO GRANT lASEMENT This Agreementis
entrmf intoonthis datebyand between theTOWNOFADDISON,TEXAS ("Plaindff) and ABSOLUTE SYSTEMS, LTD., Z76 TRUST an" MERRILL LYNCH BUSINESS flNANClAL SERVICES, INC. (referred to herein eoUedively
as "Defelld"nt") for the􀁰􀁾􀁯􀁳􀁥􀁳ofresolvingllll1natters ofcontroversyi0 dispute arising outof􀁯􀁲􀁾􀁊􀁂􀀮􀁴􀁥􀁤to the matters set fonh inthe abovestyled end numbered cause ofaction.
On orabout the 19111 dayofFeb:ual)', 2003, the Town ofAddison, Texas tiled the above action in orderta acquire a0.6709 􀁡􀁾 permanent 􀁥􀁡􀁳􀁾􀁭􀁥􀁮􀁴 􀁾􀁰􀁯􀁮􀀬 under, overand thmueh
the propertyownedby Absolute􀁓􀁾􀁴􀁥􀁭􀁳􀀬 Ltd. commonlyknown as 41'9 Centurion Way, Addison, Texas, and which is more particularly described in said Statement in Condemnation(the "SubjectPropertY').
The Subject Property is ownedbyAbsoluteSystems. Ltd. and itis encumbered byaDeedoffiustto Merrill Lynch Business Financial Services. Inc. Further, underthe S£."TLEMItNT AGRt£M£NT. R.£L!ASE
AND ....GREEMENTTOGMNT U$eM£NT 􀁈􀀮􀁜􀁌􀀧􀁔􀁾􀁉􀁊􀀢􀀧􀁊􀀮􀁃􀁉􀁬􀁬􀀮􀀮􀁴􀁬􀁏􀁍􀁁􀁉􀁍􀁁􀀴􀁾􀁉..., To...."".u..............,.,
SEP-08-2005 08:31 2146722020 P.11/1S GAY 􀁍􀁃􀁃􀁾􀁌􀁌 ISAACKS 972 422 9322 tenns oflhal certainCondemnationRights ReservationAgreement, da.ted the2ndday ofJuly, 2002, 276 Trost, pursuantto
thisAgrccment, has exercised itarights to recoverall condemnationproceed& arising from the acquisition ofthepwmlllent easement 8A 3et fortb more particularly underthe terms ofthat particular
agreement. In considerationfor1he grantingofthe Easement by Absolute Systems, Ltd.. theTown ofAddison shall payto 2761'ltIst the total arnountofS22S,OOO, consistingofaclteck in the amount
ofSl10,000, paid contemporaneously with the executionofthis 􀁁􀁧􀁲􀁥􀁥􀁲􀁯􀁥􀁮􀁾 alongwith all sumscurrentlyin theIegistryofthe 􀁃􀁯􀁵􀁲􀁴􀁾􀁥􀁮􀁴􀁩􀁮􀁧􀁴􀁨􀁥􀀤􀁬􀁬􀁓􀀮􀀰􀀰􀀰􀁰􀁲􀁥􀁶􀁩􀁯􀁵􀁳􀀱􀁹􀁰􀁯�
�􀁴􀁥􀁤􀁢􀁹􀁴􀁨􀁥 Town ofAddison in accordance with the Award ofthe Special Commissioners. Theparties agree that, contemporaneouslywith the execution ofthis Agreement, tbeywillexecutcanappropriateord
erordocumcrUsc:nabling276Trusuowithdraw thesum ofSl1 S,000 which is cUtrentlyin the registty ofthe CoW1. Thepaniesfurthc:ragree to executeany and all documents reasonably neccsspY to
effectuate the withdrawal of these funds from the Court. For and in considcntioJ) ofthe above amO\Ult, lind themurualpromiBes contained􀁨􀁾􀁮􀁊 Absolute S}Stems, Ltd. shall grant theTownofAddisonthe
0.6709 aacpermanent euementforthecoDSauctionl repair and maintenance, revision, inspection, and supervision of that certain roadway, bridge and assodated improvements, appurtenances
andall 􀁾􀁉􀀮􀁡􀁴􀁥􀁤 structures and supports required to be constructed within thepermanenteasementareabeinggranted hcreunderrclatedto the extension ofArapaho Road through Addison,
Texas. In further consideration for the above sum, Defendants do hereby tullyand forcverreJcaseand dischazge theTownofAddison,Texas trom anyand all claims, demands, cau8csof SIi:TTLEMEJlIT
AGJl!EMEI'I1'. RElEASIi: AND ACREEMiNTTO CRANT iAS£MENT 􀀧􀀧􀀧􀁉􀁉􀀮􀁬􀁔􀁾􀁕􀀧􀀧􀀧􀀧􀀧􀀧 I 􀁲􀁮􀂣􀁾􀁯􀁯􀀢􀀧􀀢􀁉􀁉􀁯􀁍􀀧􀁤􀁉􀀾􀁯􀁷􀀮 T......1\Iot1\......􀁾􀀮􀀬􀀴􀁊􀁬...'d
SEP-08-2005 08=31 2146722020 P.12/18 GRY MCCALL 􀁬􀁓􀁾􀁒􀁃􀁋􀀵 972 422 9322 action, damages. oranyother allegedinjuries roJated to or associatedwith the acquisitionofthepomument easement,
thenegotiationfor said easement. includingbut not limited to, anyand dl claims for any alleged )at:kofiood faith negotiationtProceduta! inadequacies ordefectsrelated to thecondemnation
process in this cause, claims for compensation for the rights being acquired for the permanent easement and for damages to theremainder ofthe SubjectPropeny, ifmy, cluima fordameses
related to anyalleged impact oradverse effectonthe use or usabilityofthe SubjectPropertyrelated to thebridge, for anyalleged noise or vibration ISlJOeiated withthebridge, or otherwise
related to the COnslIUetion, operation orl'ftainIcnance ofthebridge! damages for mental anguish or siress) attorney's fees, or any and all otherdamages which couldbe claimed arisUig
from the Projectaeross, upon, under) overand through the SubjectPropettyor from the relationship ofthe parties it\ this action, 􀁥􀁸􀁾 nothing containedherein shall preventAbsolute Systems,Ltd
from 􀁡􀁳􀁳􀁥􀁲􀁴􀁩􀁮􀁧􀁯􀁲􀁲􀁥􀁥􀁯􀁶􀁾 for anyclaims itmayhave for anydamage to the building located on the Subject Property which is caused by or results from the construotion ofthe
bridge. This release contains the entire agreementbetweenthe parties hereto, and 􀁾 terms ofthis release are 􀁃􀁑􀁾􀁴􀁲􀁡􀁥􀁴􀁵􀁡􀀱􀁬􀁕􀀱􀁤 not a mere recital. As further consideration
for thegrantingofthis 􀁾􀁳􀁥􀁭􀁥􀁮􀁴􀀬 theTownofAddison agrees to restore the parking lU'ea currently within the 0.6709 acre perma.acnt easement, Upon romplction of the c.omrruetionofthe􀁰􀁾􀁫􀁩􀁮􀁧
area. theTown ofAddison shaU have no further obliaation 􀁯􀁲􀁾􀀢􀁐􀁏􀁮􀁳􀁩􀁢􀁩􀁬􀁩􀁴􀁹􀁷􀁩􀁴􀁨 regard to the maintenance andupkeep oftheparking area, which responsibilityshall remain
solelyw:ith the ownor of the underlying fee estate ofthat permanent easement area. Sti:ITL£MENT AOluet,..,ENT, RELEASE: AND 􀁁􀁃􀁒􀁾􀁍􀁅􀁉􀁉􀁬􀀧􀁲 'r() CIUNT £/UEM£NT 􀁍􀁉􀁜􀀢􀀧􀁾􀀡􀀡􀁩􀁬􀁊􀁰􀁜􀀢􀀮C\
¥_bOl\f.....􀁎􀁉􀁁􀁾􀁾.....T .....NIoIl.....U"'.....
SEP-08-2005 08:31 2145722020 P.13/18 GAV MCCALL ISFlACKS 972 422 9322 P.0S/13 .. . The Town ofAddison hereby represents that the construction of the bridge and associated stnletwes and
improvements w;thinthepetmanenteasement 􀁕􀁬􀀧􀁾 wiUnotrender the buildingcurrentJy located at4139 Centurion Waynonoonformingandtbat the construction ofsucb improvementsshall not be
constructed withinanyportion ofthebuildingcurrentlycxistingat4139CcnturionWllyandthatthe construction of the bridge and associated improvements and 􀁩􀁴􀁴􀁵􀁣􀁴􀁵􀁲􀁾􀁾 shall be located
within the perxnanent ca.seroent being granted hereunder. 276Trustrepresentsthstitis the soleenrltyentitJedtoreccive a11prooeedsbeingpaid hereunder pursuant to that certain CondemnationRights
Reservation Agreement; thatno otherperson or entity, !lave and except its attomeys, are entitled to 􀁲􀁥􀁣􀁾􀁩􀁶􀁥 any ofsuch 􀁰􀁲􀁾􀁣􀁥􀁥􀁤􀁳􀀻 and that Gary Crouch is duly authorized
to execute thi; agreement and any relitted dOCllments on behalf of 2761rust. AbsoluteSystems, Ltd. represents that it is the owneroffeeaimpletitleofthe SubjectProperty; thatno otherpersonotentityhold
s anyinterest in orto said Property􀁥􀁾􀁣􀁥􀁰􀁴 those certain rights held by 276 Trustunder' thetenn5 ofthe Combnnation ReservalionRights Agreementl'l:lfcrenced herein and those rights
held under that certain Deed QfTrust on the Subject Property for the benefit ofMenill Lynch Busmcsll Financial 􀁓􀁾􀁣􀁥􀁳􀀬 Inc.; that GeneHarris is duly authorized officato C\lC,ecute
this agreement and all related documents on its behalf. and further aclalOwledges that 276 Trustis entitled to all oondemz1ation proceeds being paid hereunder and docs hereby expresslyrelinquish
and wa.iveany and all right to any proceeds being paid hereunder. 􀁓􀁾􀁔􀁔􀁌􀁴􀁍􀁅􀁎􀁔 AGRI;EMJNT, arLEASE AND AGRBEMENT TOGRANT I:ASEMENl' II,\ut,""1J B ClO:_1I0-"AINlAd&!i,.;L T..."
􀀮􀁾􀀭􀁟􀁁􀁦􀁉􀀬􀀱􀀧􀀩􀁏􀁤
SEP-08-2005 08:31 GAY MCCFlLL ISARCKS 2146722020 P.14/18 97:2 422 9322 P.061'13 Merrill Lynch Business Financial Services, Inc. represents that the person executingthis dOOllnent onits
behalfis adulyauthorized officertoexecutesaid Agreement; and furtheracknowlcdiFS that 276 Trust is entitled to all condemnation proceeds hereunderand does expresslyrelinquishand waiveany
and all right to any proceeds being paid hereunder. Defendants each representand w81rantthatthey 􀁾􀁴􀁨􀁥 ownerand holder ofaD claims and causes ofaction which IU'e the subjcctmatterofthis
agreement and that theyhave not assigned, ttansferred, sold, orotherwiseeDcumbered anyportionofits causes ofaction herein to anyone otherthan to their attorneys. This Agreement contains
the entire agreement ofthe parties and supcrcedes all otherl'rior agreements amongorbetween anyofthcparties. No representations weremadeorreJicd uponby any of the parties, other than
those expreilsly set forth berein. No party or representative of a party is , c:mpowered to aItetanyofthetmns hereof, unless donein writing and signedbytheparty. This Agreement cannot
beamended, 􀁡􀁬􀁾 ormodified exceptbyll subsequent written lIgrcoment executedbyan parties hereto. Ext:ept for provisions rel&tcd to entitlMloot to the proceeds from lUlycondemnation
proceedings, nothing containcdin this Aa;reemmt shall be deemed to effect tl18 rights orobligationsbetwec:Jl276􀁔􀁴􀁵􀁓􀁾 Absolute Systems, Ltd. and Mmill Lyr'lM Business Financial SeMa!l.
Inc. W1der anyinstrument betWeen those parties related to the Subject Property. Theparties sgree that simultaneouslywith the ex.ecutionofthisAgreement, theparti es s1u1l1 execute that
􀁁􀁧􀁲􀁾 Judgment attachlld hereto as Exhibit "A'l, SETTUMtl'i't AGREEMl:NT, RELEASE AND AGREEMENT TO CRANT EASEMENT tl,\lJ"lJIIIIJ' 􀁇􀁬􀁴􀀮􀀮􀁄􀀰􀀱􀁯􀁬􀁁􀀱􀁾􀀮􀁉􀁍􀁮􀀮􀀮T.... 􀀬􀁍􀁥􀁮􀁊􀀮􀁟􀀢􀀧􀁊􀁌
􀀢􀀧􀁾 ....... -_-" _--
SEP-08-2005 08:32 􀁇􀁾􀁙 MCCALL ISAACKS 2145722020 P.15/18 972 422 9322 P.07/13 EACH PARTY HERETO ACKNOWLEDGES THAT THEY HAVE READ AND UNDERSTANDTHEB.FFECTOFTHIS AGREEMENTlHAVEBEENADVISED
BYCOUNSEL AS TOTHEEFFECfOF THIS AGREEMENT, ANDJ:;X£CUTE TIlEAGREEMENTOF THEIR OWN FREE WILL AND ACCORD FOR THE PURPOSES AND CONSIDERATIONS SET FORTH. TIllS AGREEMENT MAY BE EXECUTED
IN 􀁍􀁕􀁌􀁔􀁉􀁐􀁌􀁾 COUNTERPARTS. ThisAgreement shallbe constroeQunder andin accordancewiththe lawsofrhe Stateof'rexas, and all obligations ofthep8Ities ereatedby this agreementshallbeperformed
inDal1-.s County, Texas. Ifanyone ormoreofthe provisions contained in this 􀁁􀁾􀁥􀁮􀁴 shall fOT Myreagan be held invalid, illegal, or unenforceable inanyrespoct, suchinvalidity. illegWityorunenforcea
bilityshall not affect anyotherprovision Ofthilil Agreement and shall, ifpossible, be construed as ifsuch invalid, illegal) or unenforceable provision had been drafted to be valid, legal,
or enforceable. Thi! SettlementAgreementandRelease19beingenteredinto so]so]elyfor the purposeofavoiding the expenseand uncertainties oflitigation, and thepayment oftheswns duehereunder;nnotto
beconstrued as lU1 admission ofliability by either party, which liability is expressly denied. SIGNED this _ day of , 2004, by: 2'76TRlJST BY: 􀁾􀀭􀁙􀀧􀀡􀁍􀁔􀀭􀀭􀀭􀁾􀀭􀁾􀁾 _ GARY CROUCH
SETTLEMENT ACRUM£NT, RILEASE AND AGR£IMENT TO(;RANT EASEMENT H,lI.mUI\U I 􀁃􀁉􀁏􀁏􀁍􀁁􀁉􀀡􀀧􀁉􀁜􀁁􀁾􀀢􀀧􀁟􀁔􀁾... eflgeodl..""••It.wlld
SEP-08-2005 08:32 2146722020 P.16/18 MAR-09-2004 09:38 GFlY MCCRLL ISFlRCKS 972 422 9322 P.08/13 ABSOLUT SYSTEMS, LTD. 􀁂􀁙􀀺􀀧􀀮􀁊􀀮􀀮􀁌􀀮􀁾􀁉􀁴􀁬􀁴􀁴􀁑􀀮􀀦􀁦􀀺􀀭􀁾􀁾􀁃􀀯􀁉􀀷􀀯􀁶􀀨􀀯􀀺􀁊􀀺􀀺􀀮􀀺􀀮􀀮
􀀮􀀮􀀺􀁾􀁾 _ GENE HARRIS MERRJLL LYNCH IIUSINESS FINANCIAL SERVICES,INC'. By: '12 ...* 􀁾􀀢􀀢􀀢􀁉 Its: \I'It' Pr..",A rrl-TOWN OF ADDISON, TEXAS By: 􀁉􀁓􀁾􀁜􀀮􀁾􀁴􀁵􀀭􀀮􀁑 RON WHITEHEAD,
City Manager SETTLEMENT ACRE1M!NT. R!L£ASE AND A«JREEMENr TO GRANT EASEMtNT H,IUnIlPl"" 􀁑􀁉􀁉􀁟􀁉􀁬􀁉􀁬􀁾􀁬􀁉􀁜􀁬􀁴􀁍􀁯􀀯􀁤􀁟􀀬Ha'!l a/llelI,"",,""I••􀁾􀀬
SEP-08-2005 08:32 2146722020 P.17/18 GAY MCCALl,. ISAACKS 972 422 9322 P.09/13 mE 􀁓􀁔􀁁􀁔􀁥􀁏􀁆􀁔􀁾􀁘􀁁􀁓 coUNTY OFr;/J.Mja4/§§§ NOTARY PUBLIC, State ofTexas BEFOREME. the undersigned
authority, on this daypmonalJyappearedGARYCROUCH, for and on behalfof276 TRUST, who, boingbymefirst duly sworn, upon oath stated that he he-Head the abr>ve and foregoing SettlcmentAgrcement,
Release and Agreementto Grant Easement,. and thathehas executed the same for the considerations therein stated. 􀁃􀁈􀁖􀁂􀁎􀁕􀁎􀁄􀁅􀁒􀁍􀁙􀁈􀁁􀁎􀁄􀁁􀁎􀁄􀁓􀁅􀁁􀁌􀁏􀁆􀁏􀁆􀁆􀁉􀁃􀁅􀁴􀁨􀁩􀀸􀁢􀁩􀁤􀁡􀁹􀁯􀁦􀁾�
�􀀴 ,2004. THE STATE OF TEXAS COUNTY OF__􀁾 _ §§§ BEFORE ME, the undersigned authority, on this daypersonallyappeared GENE HARRIS, for and Onbehll1fofABSOLUTE SYSTEMS, LTD., who, beinibymefirst
dUlyswom, upon l'lath statedthat he has read the above and foregoing SettlementAgreement, ReleaseandAgreement to Grant Easement, and that he has executed the same for the considerations
therein stated. OIVENUNDER MYHANDANDSEALOF OFFICEthisLdayofAu"." ,2004. r SETTLEM£NT AGREEMENT, Rt:LEASE AND ACJREZM!l\lT TO GRANT E-,$ltMIi:N'l" t1,ILI'I.""IJ • OE_DOMAlN\AddlH...T_􀀮􀁎􀁉􀁩􀁉􀁬􀁊􀁍�
�􀀮􀁉􀁉􀁬􀀮􀁾....
SEP-08-2005 08:32 2146722020 P.i8/i8 GAY 􀁍􀁃􀁃􀁾􀁌􀁌 􀀱􀀵􀁾􀁁􀁃􀁋􀁓 972 422 9322 P.10/13 --(i' · THE STATE OF {L (110 ( ! §§ 􀁃􀁏􀁕􀁎􀁔􀁙􀁏􀁆􀁾 § BEFORE ME, the undersigned authoritY.
on this day pmonally appeared 1)a..n i􀁾􀀮􀁌􀀮􀀬􀀻􀁃􀁦􀁾􀁲 --..J' for and on behalf of MERRILL LYNCH. BUSINESS FINANCIALSERVICES, mc., who, beingb)l 􀁭􀁾 first dulyswom, uJ:l0n oath
stated thathehas read theabove and fOMgoing Sett1ane:ntAgreement, Releaseand Agreement to Grant &sement. and thathe has executbd the same for the coosiderations therein stated. 􀁇􀁎􀁉􀀡􀁎􀁕􀁎􀁄􀁅􀁒􀁍
􀁙􀁈􀁁􀁎􀁄􀁁􀁎􀁄􀁓􀁉􀀡􀁁􀁌􀁏􀁆􀁏􀁐􀁆􀁉􀁃􀁅􀁉􀁢􀁩􀀮􀁊􀀮􀀲􀁉􀀦􀀮􀁹􀀮􀁲􀁾􀀲􀀰􀀰􀀴􀀮 TIlE STATE OF TEXAS COUNTY OF DAl..("A<:; §§§ BEFORE ME, the undersigned authority, on this day penonally
appeared .£orand on behalfaf theTOWN OFADDISON, TEXAS, who,being byrnefirst dulyswom, upon oath sta.tedthat hehMread the above and foregoing SettlementAgRement. Release and Agreem=nt
to Orant ElSSCIncnt. and that he has executed the same for the considerations therein stated. GIVENUNDERMYHANDANDSEALOF OFFICE tbis If"'aayof 􀁍􀁾 ,2004. e MICHELE L. COVINO • • NOrM.,.
PUBlIC, STAli OF tEXAS MY COMMlSD f,XPlRq CJII.D2005 NOTARY PUBLIC, State ofTexas 􀁓􀁾􀀢􀀧􀁌􀁅􀁍􀀦􀁎􀁔􀁁􀀨􀀻􀁒􀀡􀁅􀁍􀁾􀁎􀁔􀀮 RlLE.4fif; AND AGlf,f;m:MENT TOGRANT £ASEMJliNT 'h,UTJUJIIIJ
B 􀁾􀁉􀁉􀁏􀀢􀀢􀀢􀁉􀁍􀁁􀁾􀁾􀀢􀀧.. -r..." .NllIIlIllI'l....J\lL"lId TOTAL P.l8
HP LaserJet HP LASERJET 3200 3200se M, ® , , , n v e n t SEP-8-2005 08:37 Fax Call Report Job 867 Date 9/8/2005 Time 08:34:22 Type Receive SEP-OO-200S 138: 30 Identification 2146722020
COWLES &THOMPSON .. P,oltUIOI\.II CorDorUlO1I ATTORNEYS AND COUNSl;LOA5 FACSIMILE COVER PAGE Duration 2:30 214&?22B20 P.0t/iS Pages 18 Result OK Normal/Rush: Normal Dale: September 8
2005 Time: _ Total Number of Pages (Including this sheet): J!.-ClienUMatter #: 3195162693 TO: (1) Nancy Clln. Director of PUblic Works FAX: (972) 450·2937 PHONE: FROM: Kenneth C. Dippel
Direct Di.l #: (214) 672·2158 MESSAGE: RE: Absolute Systems, Ltd•• Per your .-mall request, I have 􀁡􀁬􀁴􀁡􀁣􀁨􀁥􀁾 the Statement In Condemnation and selliement papers. Please call.t
you have any questions. IF YOU HAVE ANY PROBLEMS WITH THIS TRANSMISSION, PLEASE CALL Yolanda Rodriguez al (214) 672·2629 Thank you. IMPORTANnCONt=IDENTlAL: This message is lnlended only
tor the use or tne Individual or enllty to whicn it is addressed. This message contains information information ,from the law firm or Cowles & Tnompson which may be privileged, confidential.
and exempt from dlsdosure under 􀁡􀁰􀁰􀁬􀁬􀁣􀁡􀁾􀀱􀀹􀁉􀁡􀁷􀀮 If the reader of 􀁴􀁨􀁨􀁾 message is not the intended recipient or the 􀁥􀁭􀁰􀁬􀁯􀂥􀁾􀁥􀀮 or agenl 􀁲􀁥􀁳􀁰􀁯􀁮􀁾􀁩􀁢􀁬􀁥􀀮
for delivering the message 10 the intended 􀁲􀀮􀁥􀁣􀁪􀁾􀁪􀁥􀁮􀁴􀀮􀀧 you. are 􀁨􀁥􀁲􀁥􀁾􀁾 notified Ihat any 􀁤􀁉􀁓􀁓􀁥􀁲􀀡􀁜􀁬􀁮􀁡􀁨􀁏􀁾􀀬 disl1ibul;on. or copying 01 lhis commumcallon
IS strictly prohibited. If you have received this communication in error, please notify uslmmedialety at our telephone 􀁮􀁕􀁾􀁢􀁥􀁲 (214) 872·2000. '!'Ie will be happy 10 arrange for
the relurn of this message to us. via the Umted Slates postal ServICe. al no cost 10 you. GALLAS , V L I R 'OJ "'AIH 􀁮􀁬􀁈􀁾􀁬 tuIT[ 41100 OALLAS. T!llU H20:·", TEL 2U.UZ.UOO fAX:aU.'lz.un
WWW.COWL!I1MO."".. ,UI
􀁾􀀮􀁯􀁦 􀁾􀁾 􀁾 r 􀁾 .. IJ'?,& ..b 􀀹􀁾􀁾&d.... 􀀦􀁾􀀧􀁃􀁾􀁲 􀁾 􀁦􀀻􀀯􀀻􀁪􀁾􀁊􀁤􀁴􀁊􀀨􀁬􀁏􀁤 .--$ 􀀮􀁾 􀀼􀁓􀀶􀁎􀁾􀀬 cert;:::t::: '2. 3 0/'GO􀀯􀁻􀀴􀁦􀁜􀀭􀁾􀁜 J" 􀁐􀁯􀁳􀁴􀁭􀁯􀀯􀁾􀀻 I
Return Receipt Fee • , ?/, . Herei c: I (Endorsement Required) /􀁾􀀨􀀯􀁉􀁊􀁊 /....! Restricted Delivery Fee ..... 􀁾􀁾􀁟􀀮􀀮􀀮 /(Endorsement Required) I----:;--:-----j ""􀁾 p S .../Total
Postage & Fees $ \..f'􀁾 If 􀁾􀀢􀀢􀀢􀀧􀀬􀀬􀁾􀀬 􀁾 ... -:---......, ru ...[] CJ /T1 /T1 L11 ...[] " 1:0 M t:J /t:J t:J t:J t:J ...[] /T1 t:J r-'I t:J t:J I"'-...
COWLES &THOMPSON A Professional Corporation ATTORNEYS AND COUNSELORS ANGELA K. WASHINGTON 214.672.2144 AWASHINGTON@COWLESTHOMPSON.COM March 9, 2004 VIA FACSIMILE (972) 450-7065 Ms. Carolyn
Burgette Accounting Manager Town of Addison P.O. Box 9010 Addison, TX 75001-9010 RE: Town ofAddison, Texas v. Absolute Systems, Ltd., et at. Cause No. CC-03-01967-B Dear Carolyn: In
connection with the above-referenced case, enclosed is a copy of the fully executed Settlement Agreement, Release and Agreement to Grant Easement. Pursuant to the agreement, the Town
of Addison isto provide a check to 276 Trust in the amount of $110,000. Please have a check for that amount made out to 276 Trust and forward it directly to the attorney handling this
matter for the Town at the following address: Mr. Lewis L. Isaacks Gay, McCall, Isaacks, Gordon & Roberts, P.e. 777 East 15th Street Plano, Texas 75074 It is the intent of the parties
to close this transaction by the end of the week. Thank you for your assistance. Please let me ktlow ktlow if you have any questions or if you need anything further. Sincerely, 􀁾􀁽􀀨􀁲􀁯􀁐􀀭
-? Angela K. Washington AKW/yjr Attachment . c wlo Attachment: Mr. Bryan Langley, wiAddison Mr. Mike Murphy, wiAddison Mr. Steve Chutchian, wlAddison Mr. Lewis Isaacks Mr. Kenneth e.
Dippel, w/firm .:--D ALL A S Document #: 1097189 T Y L E R 901 MAIN STREET SUITE 4000 DALLAS, TEXAS 75202-3793 TEL 214.&72.2000 FAX 214.&72.2020 WWW.COWLESTHOMPSON.COM
COWLES &THOMPSON A Professional Corporation ATTORNEYS AND COUNSELORS ANGELA K. WASHINGTON 214.672.2144 AWASHINGTON@COWLESTHOMPSON.COM March 16, 2004 Ms. Gayle Walton Department Secretary
City Manager's Office Town of Addison P.O. Box 9010 Addison, TX 75001-9010 RE: Town ofAddison, Texas v. Absolute Systems, Ltd., et al. Cause No. CC-03-01967-B Parcel 8, Arapalio Extension
of Road Project Dear Gayle: Enclosed for the Town of Addison's records is the original Settlement Agreement, Release and Agreement to Grant Easement in the above-referenced case. Once
the Judgment in this case has been entered with the Court, I will obtain a conformed copy for the Town's records. If you have any questions, please give me a call. Sincerely, 􀁾􀁲􀀮
Angela K. Washington AKW/yjr Enclosure c(w/Enc.): (w/Enc.) (w/o Ene.) Mr. Mike Murphy Mr. Steve Chutchian Mr. Kenneth C. Dippel D ALL A S Document #; 1098216 T Y L E R 901 MAiN STREET
SUITE 4000 DALLAS, TEXAS 75202-3793 TEL 214.672.2000 FAX 214.672.2020 WWW.COWLESTHOMPSON.COM
No. CC-03-01967-B TOWN OF ADDISON, TEXAS §§§§ vs. §§ ABSOLUTE SYSTEMS, LTD., 276 TRUST § AND MERRILL LYNCH BUSINESS § .FINANCIAL SERVICES, INC. § IN THE COUNTY COURT AT LAW, NUMBER 2
DALLAS COUNTY, TEXAS SETTLEMENT AGREEMENT, RELEASE AND AGREEMENT TO GRANT EASEMENT This Agreement is entered into onthis datebyand between theTOWNOFADDISON, TEXAS ("Plaintiff) and ABSOLUTE
SYSTEMS, LTD., 276 TRUST and MERRILL LYNCH , . BUSINESS FINANCIAL SERVICES, INC. (referred to herein collectively as "Defendant") for the purposesofresolvingallmatters ofcontroversy
in dispute arising outoforrelated to the matters set forth in the above styled andnumbered cause ofaction. On or about the 19th dayofFebruary, 2003, the Town ofAddison, Texas filed the
above action in order to acquire a 0.6709 acre pennanent easement upon, under, over and through the propertyownedbyAbsolute Systems, Ltd. cOllunonlyknown as 4139 Centurion Way, Addison,
Texas, and which is more particularly described in said Statement in Condemnation (the "Subject Property"). The Subject Property is ownedbyAbsoIute Systems, Ltd. and it is encumbered
by a Deed ofTrust to Merrill Lynch Business Financial Services, Inc. Further, underthe SETTLEMENT AGREEMENT, RELEASE AND AGQ.EEMENT TO GRANT EASEMENT H:ILlTSUPIIJ B GIE_DOMAINIAddison,
Town ol\SenlemenLAgt.wpd Page 1
terms ofthat celtain CondemnationRights Reservation Agreement, dated the 2nd dayofJuly, 2002, 276 Trust, pursuantto this Agreement,has exercised its rights to recover all condemnationproceeds
arising from the acquisition ofthe permanent easement as set forth more particularly under the terms ofthat particular agreement. In consideration for the grantingofthe Easement by Absolute
Systems, Ltd., theTown ofAddison shall pay to 276 Trust the total amountof$225,000, consisting ofacheck in the amount of$ll 0,000, paid contemporaneouslywith the executionofthis Agreement,
along with all sums currentlyinthe registryofthe Courtrepresenting the $115,000previouslypostedbytheTownofAddison in accordance with the Award ofthe Speeial Commissioners, .Theparties
agree that, contemporaneously withthe execution ofthis Agreement, they will execute an appropriate order or documents enabling276 Trust to withdraw the swr of$ll5,000 which is currentlyin
the registry ofthe Court. The parties further agree to execute any and all documents reasonably necessary to effectuate the withdrawal ofthese funds from the Court. For and in considerationofthe
above amount, and the mutual promises contained herein, Absolute Systems, Ltd. shall grant the Town ofAddisonthe 0.6709 acre permanent easement for the construction, repair and maintenance,
revision, inspection, and supervision of that certain roadway, bridge and associated improvements, appurtenances and all related structures and supports required to be constructed withinthe
pennanent easement areabeing grantedhereunderrelated to the extension ofArapaho Road through Addison, Texas. In further consideration for the above sum, Defendants do hereby fully and
foreverreleaseand discharge the TownofAddison,Texas from any and all claims, demands, causesof SETTLEMENT AGREEMENT, RELEASE AND AGREEMENT TO GRANT EASEMENT H:ILJTSUPIJJ B GIE_DOMA1NlAddison.
Town ol\SeltlemenLAgt.wpd Page 2
action, damages, or any other alleged injuries related to or associated with the acquisition ofthe pennanent easement, the negotiation for said easement, including but not limited to,
anyand all claims for any alleged lack ofgood faith negotiation,procedural inadequacies or defects related to the condemnation process in this cause, claims for compensation for the
rights being acquired for the pennanent easement and for damages to the remainder ofthe Subject Property, ifany, claims for damages related to anyalleged impact or adverse effectonthe
use or usability ofthe SubjectPropertyrelated to thebridge, for anyalleged noise or vibration associated with the bridge, or otherwise related to the construction, operation or maintenance
ofthebridge, damages for mental anguish or stress, attorney's fees, or any and all otherdamages which couldbeclaimedansing from the Project across, upon, under, overand through-the SubjectPropertyor
from the relationship ofthe parties in this action, except nothing contained herein shall preventAbsolute Systems, Ltd. from asserting or recoveryfor any claims itmayhave for any damage
to the building located on the Subject Property which is caused by or results from the construction of the bridge. This release contains the entire agreementbetween the parties hereto,
and the tenns ofthis release are contractual and not a mere recital. As further consideration for the grantingofthis easement, theTownofAddison agrees to restore the parking area currently
within the 0.6709 acre permanent easement. Upon completion of the constructionofthe parking area, theTownofAddison shall have no further obligation or responsibility with regard to the
maintenance andupkeep ofthe parking area, whichresponsibility shall remain solelywith the owner of the underlying fee estate of that pennanent easement area. SETTLEMENT AGREEMENT, RELEASE
AND AGREEMENT TO GRANT EASEMENT H:ILJTSUPIIJ BGIE_DOMAINlAddison. Town oflS.lIIem.nl.Agt....pd Page 3
The Town of Addison hereby represents that the construction of the bridge and associated structures and improvements withinthepennanent easement area will not renderthe buildingcUlTently
located at 4139 CenturionWaynonconforming and that the construction ofsuch improvements shall not be constructed within anyportion ofthe buildingcurrentlyexistingat4139 CenturionWayand
thatthe construction of the bridge and associated improvements and structures shall be located within the permanent easement being granted hereunder. 276 Trust representsthat itis the
sole entityentitled to receive all proceeds beingpaidhereunder pursuant to that certain Condemnation Rights Reservation Agreement; that no other person orentity, save and except its
attorneys, are entitled to receive any of such proceeds; and that Gary Crouch is duly authorized to execute this agreement and any related documents on behalf of 276 Trust. Absolute
Systems, Ltd. representsthatit is theowneroffeesimpletitleofthe Subject Property; that-no otherperson or entityholds anyinterest in or to saidProperty except those certain rights held
by 276 Trust under the tenns ofthe Condemnation Reservation Rights Agreement referenced herein andthose rights held under that certain Deed ofTrust on the Subject Property for the benefit
ofMerrill Lynch Business Financial Services, Inc.; that Gene Harris is dulyauthorized officer to execute this agreement and all related documents on its behalf; and further acknowledges
that 276 Trust is entitled to all condemnation proceeds being paid hereunder and does hereby expresslyrelinquishand waive any and all right to any proceeds being paid hereunder. SETTLEMENT
AGREEMENT, RELEASE AND AGREEMENT TO GRANT EASEMENT· H:ILlTSUP\IJ BGIE_DOMAIN\Addison. Town of\Senlement.Agt.wpd Page 4
Merrill Lyrich Business Financial Services, Inc. represents that the person executing this document on its behalfis a duly authOllzed officerto execute said Agreement; and further acknowledges
that 276 Trust is entitled to all condemnation proceeds hereunder and does expressly relinquish and waive any and all right to any proceeds being paid hereunder. Defendants each represent
and warrant that they are the owner and holder ofall claims and causes ofactionwhich are the subjectmatterofthis agreement and that theyhave not assigned, transferred, sold, orotherwise
encumbered any portion ofits causes ofaction herein to anyone other than to their attomeys. This Agreement contains the entire agreement of the parties and supercedes all other prior
agreements among or bet-weenanyofthe parties.No representationswere madeor relied upon byany of the parties, other than those expressly set forth herein. No party or representative of
a party 􀁩􀁾 empowered to alter anyofthetenns hereof, unless done in writing and signedbythe party. This Agreement cannotbe amended, altered, ormodified except bya subsequentwritten agreement executed by all parties hereto.
Except for provisions related to entitlement to the proceeds from any condemnation proceedings, nothing contained in this Agreement shall be deemed to effect the rights or obligationsbetween
276 Trust, Absolute Systems, Ltd. and Merrill Lynch Business Financial Services, Inc. under anyinstrument between those parties related to the Subject Property. Theparties agree that
simultaneouslywith the executionofthis Agreement, the parties shall execute . that Agreed Judgment attached hereto as Exhibit "A". SETTLEMENT AGREEMENT, RELEASE AND AGREEMENT TO GRANT
EASEMENT H:\L1TSUP\lJ B G\E_DOJ\tAINlAddison, Town of\SettlemenI.Agt.wpd PageS
EACH PARTY HERETO ACKNOWLEDGES THAT THEY HAVE READ AND UNDERSTANDTHEEFFECT OF THIS AGREEMENT,HAVE BEENADVISED BYCOUNSEL AS TO THE EFFECT OF THIS AGREEMENT, AND EXECUTE THE AGREEMENT
OF THEIR OWN FREE WILL AND ACCORD FOR THE PURPOSES AND CONSIDERATIONS SET FORTH. THIS AGREEMENT MAY BE EXECUTED IN MULTIPLE COUNTERPARTS. This Agreement shallbe construed under and in
accordancewiththe laws ofthe StateofTexas, and all obligationsoftheparties createdbythis agreement shallbeperformed in Dallas County, Texas. Ifanyone or more ofthe provisions contained
in this Agreement shall for any reason be held invalid, illegal, or unenforceable in anyrespeet, suchinvalidity, illegality OF unenforceability-shall not affect any other provision ofthis
Agreement and shall, ifpossible, be construed as ifsuch invalid, illegal, Of unenforceable provision had been drafted to be valid, legal, or enforceable. This SettlementAgreement and
Release is being entered into solely for the purpose ofavoiding the expense and uncertainties oflitigation, and thepayment ofthe sums due hereunder are not to be construed as an admission
of liability by either party, which liability is expressly denied. SIGNED this _ day of , 2004, by: 276 TRUST By:􀀭􀀭􀁾􀀫􀀭􀀢􀁾􀁖􀀯􀀭􀀭􀁦􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭 GARY CROUCH SETTLEMENT
AGREEMENT, RELEASE AND AGREEMENT TO GRANT EASEMENT H:\LITSUP\lJ B G\E_DOMAINlAddison. Town ollSetllement.Agt.wpd Page 6
BY:'& SYSTEMS, LTD. GENE HARRIS MERRILL LYNCH BUSINESS FINANCIAL SERVICES, INC. By: 􀀭􀁴􀀷􀀮􀁾􀀮 Its: V\ /,-6 f'rt"7.A 􀁾􀁜􀀧􀁾 TOWN OF ADDISON, TEXAS By: l"$__􀁜􀁾􀁤􀀺􀁅􀁯 RON WHITEHEAD,
City Manager SETTLEMENT AGREEMENT, RELEASE AND AGREEMENT TO GRANT EASEMENT H:\L1TSUP\lJ B G\E_DOMAIN\Addison, Town of\Settlement.Agt.wpd Page 7
THE STATE OF TEXAS COUNTY OFr/J.Al.la,Ac/§§§ .. NOTARY PUBLIC, State ofTexas BEFOREME, the undersigned authority, on this daypersonally appearedGARYCROUCH, for and on behalfof276 TRUST,
who, beingbyme first duly sworn, upon oath stated that he has read the above and foregoing SettlementAgreement, Release and Agreement to Grant Easement, and thathe has executed the same
for the considerations therein stated. GIVENUNDERMYHAND AND SEALOF OFFICE this /5-/􀁤􀁡􀁙􀁏􀁦􀁾 ,2004. THE STATE OF TEXAS COUNTY OF-------§§§ BEFOREME, the undersigned authority, onthis
daypersonallyappeared GENE HARRIS, for and onbehalfofABSOLUTE SYSTEMS, LTD., who, beingbymefirstdulyswom, upon oath stated that he has read the above and foregoing SettlementAgreement,
Release and Agreement to Grant Easement, and that he has executed the same for the considerations therein stated. GIVENUNDERMYHAND AND SEALOF OFFICE thisLdayof 􀁡􀁻􀀡􀀨􀀮􀁾􀁦􀀯 ,2004.
I SETTLEMENT AGREEMENT, RELEASE AND AGREEMENT TO GRANT EASEMENT H:\LITSUP\lJ B GIE_DOMAlNlAddison. Town of\Seltlement.Agt....pd Page 8
THE STATE OF ([ [( ('(Ie t 'r COUNTY OF C􀁦􀀩􀁏􀁾􀁻􀀨)'--_ §§§ BEFORE ME, the undersigned authority, on this day personally appeared 􀀭􀀭􀀭􀀬􀀱􀀩􀁃􀁌􀁣􀀢􀀢􀀢􀀬􀁌􀀮􀀮􀀡􀀭􀁮􀀴􀁜􀀮􀀮􀀮􀀾􀀭􀁥􀁾􀁊􀀢􀀭􀀭􀀭
􀀭􀀭􀀧􀀮􀀮􀀮􀁓􀁾􀁰􀁲􀀭􀁩􀁬􀁬􀀢􀀬􀀢􀀢􀀢􀀭􀀭􀀭􀀭􀀢􀁣􀀢􀀬􀀬􀀬􀀬.􀀢􀀭..􀀬.􀁥..rl--' for and on behalf ofMERRILL LYNCH BUSINESS FINANCIAL SERVICES, INC., who, beingbyrne first duly sworn,
upon oath stated that he has read the above and foregoing SettlementAgreement, Release and Agreement to Grant Easement, and that he has executed the same for the considerations therein
stated. GlVENUNDERMY HANDANDSEALOFOFFICEtbisJ211tay of 􀁲􀁥􀁴􀁢􀁾􀀬 2004. THE STATE OF TEXAS COUNTY OF DA-lU\S §§§ BEFORE ME, the undersigned authority, on this day personally appeared
----,R'--...::-'o,"-,\J"'-'􀁟􀁾􀀮􀀮􀀺􀀮􀀮􀀮􀀻􀁜􀀭􀁜􀀬􀀭􀀬􀀭􀁁􀁟􀁬􀁬􀀺􀀻􀀺􀀢􀀧􀀺􀁾􀀺􀀮􀁌􀀮􀀺􀀮􀀾􀀼􀀺􀁟􀂷􀁾􀀽􀀭􀀭__,for and onbehalfof theTOWNOF ADDISON, TEXAS, who, being byrne first
dulysworn, upon oath stated that hehas read the above and foregoing Settlement Agreement, Release and Agreement to Grant Easement, and that he has executed the same for the considerations
therein stated. GIVENUNDERMYHAND AND SEALOF OFFICE this LjTJfdayof MA1Z--Gtt-,2004. MICHELE L. COVINO NOTARY PUBLIC, STATE OF TEXAS MY COMMISSION EXPIRES 09-22·2005 NOTARY PUBLIC, State
of Texas SETTLEMENT AGREEMENT, RELEASE AND AGREEMENT TO GRANT EASEMENT H:ILITSUPIIJ B GIE_DOMAINlAddison, Town ot\SettlemenI.Agl.wpd Page 9
777 EAST 15TH STREET PLANo,TEXAS75074 972/424-8501 • FAX 972/424-5619 LAW OFFICES GAY MCCALL ISAACKS, GORDON & ROBERTS , , A PROFESSIONAL CORPORATION -L:::n A J 􀁾 􀁾 • /, • 􀁾􀁲􀁣􀀭􀀮􀀮􀁴􀀯
,'" 􀁾 􀁾􀀭􀁾 JOHNE. GAY SYDNA H. GORDON LEWIS L. ISAACKS ....+ RACHEL L. KING MARCR. MAY * DAVID MCCALL+ KELLI L. ROACH WILLIAM J. ROBERTS + HEATHER A. SCHAEFER Mark Goodman, Esq. Two
Lincoln Centre 5420 LBJ Freeway, Suite 1200 Dallas, Texas 75240 November 7, 2003 .... BOARD CERTlI'JED -CrilL 'TRlAL LAW 'TEXAS BOARD OF LEGAL SPECIJI,UZATION * BOARD CERTIFIED -FAMILY
LAW 'TEXAS BOARD OF LEGAL SPECIALIZATION + ATTORNEY -MEDIATOR CERTlFIED Mill, R.R.R. Re: Cause No. 03-01967-B; Tmvn ofAddison v. Absolute Systems, Ltd., et al; Our File No. 93516.03054
Dear Mark: Enclosed please fmd a copy of Plaintiff's Notice to take the deposition of Galy Crouch on Wednesday, December 3, 2003, begiIming at 9:30 a.m. in your office. 􀁾􀁾􀁾􀀮 􀁾 LEWIS
L. ACKS LLI/jbg Enclosure xc: Sterling Reporting Services 4560 Explorer Drive Frisco, Texas 75034 :Michael Murphy Town ofAddison P O. Box 9010 Addison, Texas 7500 I -90 10 Angela Washington
901 Main Street Suite 4000 Dallas. Texas 75202-3793
No. CC-03-01967-B TO"'N OF ADDISON, TEXAS §§§§ w. §§ ABSOLUTE SYSTEMS, LTD., 276 TRUST § AND MERRILL LYNCH BUSINESS § FINANCIAL SERVICES, INC. § IN THE COUNTY COURT AT LAW, NUMBER 2
DALLAS COUNTY, TEXAS NOTICE OF INTENTION TO TAKE ORAL DEPOSITION TO: GARY CROUCH,byand through his attomey, Mark Goodman, Two Lincoln Centre, 5420 LBJ Freeway, Suite 1200, Dallas, Texas
75240. Pursuant to Rule 199, Texas Rules ofCivil Procedure, notice is hereby given that the TO"'NOF ADDISON, TEXAS, Plaintiff in the above numbered and entitled cause, intends to take
the oral deposition ofGARY CROUCHof276 TRUST, on \Vednesday, December 3, 2003, at 9:30 o'clock, a.m., in the offices ofDavid Goodman & Madole, atTwo Lincoln Centre, 5420 LBJ Free\vay,
Suite 1200, Dallas, Texas 75240. The oral examination will continue fi'om dayto day until concluded. Said deposition, when taken and retumed according to law, may be used as evidence
upon the trial of said cause. NonCE OF INTE1\TION TO TAKE ORAL DEPOSITION H;-L1TSUp·IJ B G·E_DON'lAlkAddiSQll. TOWIl of Crouch.IlO1.\\'pd Page I
SIGNED this the --7-day 􀁏􀁦􀀭􀁣􀁡􀁩􀁦􀀭􀁴􀀭􀀢􀀧􀀭􀁾􀁣􀀮􀀮􀀮􀀼􀀮􀀮􀀻􀀮􀁾􀀮􀀮􀀾􀀼􀀺􀂷 -""-,2003. Respectfully submitted, IS L. CKS Texas Bar No. 10430300 GAY, McCALL, ISAACKS. GORDON
& ROBERTS, P.c. 777 East 15th Street Plano, Texas 75074 Telephone: 972/424-8501 Telecopiei": 072/424-5619 ATTORNEY FOR PLAINTIFF TOWN OF ADDISON, TEXAS CERTIFICATE OF SERVICE I, LEWIS
L. ISAA.CKS, Attomey for Plaintiff, TownofAddison, Texas, certi£)r that a hue and conect copy ofthe foregoing Notice ofIntent to Take Oral DepositionDucesTecum has beenmailed by NOTICE
OF INTENTION TO TAKE ORAL DEPOSITION H:L1TSUP 1.1 B G-E_DOMAIN .Addison. TO\\1J ofCrouch.noLwpd Page 2
LAW OFFICES 􀁾􀀮􀁾 GAY, MCCALL, ISAACKS, GORDON &ROTS A PROFESSIONAL CORPORATION 777 EAST 15TH STREET PLANO, TEXAS 75074 972/424-8501 • FAX 972/424-5619 JOHNE. GAY SYDNA H. GORDON LEWIS
L. ISAACKS ..+ RACHEL L. KlNG MARCR. MAy * DAVID MCCALL+ KELLJ L. ROACH WILLIAM J. ROBERTS + HEATHER A. SCHAEFER Mark Goodman, Esq. Kyle Jolmson, Esq. Two Lincoln Centre 5420 LBJ Freeway,
Suite 1200 Dallas, Texas 75240 October 29, 2003 .. BOARD CERTIFIED -CIVIL TRIAL LAW TEXAS BOARD OF LEGAL SPECIALIZATION * BOARD CERTIFIED -FAMJiy LAW TEXAS BOARD OF LEGAL SPECIALIZATION
+ ArrORNEY -MEDIATOR Re: Cause No. 030l967-B; To-wn of Addison, Texas v. Absolute Systems, Ltd., et al; Our File No. 93516.03054 Dear Mr. Goodman: Enclosed please find a copy of the
Notice from the Comi setting the above matter for trial on February 23, 2004. EA BARTON GIPSON r..; al Assistant Ijbg Enclosure Xc: Michael E. MUlphy, P.E. P. O. Box 9010 Addison, Texas
75001-9010 Mr. Mark Hipes 7557 Rambler Road, Suite 260 Dallas, Texas 75231
Mr. Grant Wall 6220 Gaston Avenue, Suite 404 Dallas, Texas 75214 Angela Washington, Esq. Cowles & Thompson 901 Main Street, Suite 4000 Dallas, Texas 75202-3793
DALLAS COUNTY Chambers of JUDGE JOHN B. PEYTON LEWIS L ISAACKS JR 777 EAST 15TH STREET PLANO TX 75074 RE: Case No. 0301967-B COUNTY COURT AT LAW NO 2 RECORDS BUILDING, 3RD FLOOR 509
MAIN STREET DALLAS, TEXAS 75202-5755 (214)-653-7366 OCTOBER 14, 2003 TOWN OF ADDISON TEXAS All Counsel of Record: VS. ABSOLUTE SYSTEMS LTD ETAL The parties are instructed to cross-serve
this notice on all adverse parties in compliance with Texas Rule of Civil Procedure 21a. Please take note of the following settings: Pre-trial: Jury Trial: Non Jury Trial: 02/23/04 09:00
A.M. Trial announcements in ALL cases must be made in accordance with Local Rule 3.02(a). WHEN NO ANNOUNCEMENT IS MADE FOR PLAINTIFF, THE CASE MAY BE DISMISSED FOR WANT OF PROSECUTION.
An agreed or unopposed motion for continuance, even for a first trial setting, will NOT automatically be granied. CounselCor pro se parties) are responsible for contacting court personnel
to determine if a continuance has been granted or denied. FAILURE TO APPEAR FOR TRIAL MAY RESULT IN CASE DISMISSAL OR DEFAULT JUDGMENT, AND EVEN AN AGREED OR UNOPPOSED MOTION TO REINSTATE
WILL NOT AUTOMATICALLY BE GRANTED. Completion of discovery, presentation of pretrial motions and other matters relating to preparation fer 􀁴􀁲􀁩􀁾􀁬 􀁾􀁲􀁥 governed by the Local Rules
of the Civil Courts of Dallas County available from the County Clerk's office and at www.dallascourts.com/civil.ht KECEIVED GAy, McCALL. &ISAACKS OCT 1 6 2003 COPY TO CLIENT R05292 FCCTYLOI
OCi. -10' 03 (PR I) 14: 0I LAw 􀁏􀁾􀁆􀁉􀁃􀁅􀁓 iEL:972 422 􀀹􀀳􀀲􀁖􀁾􀀯􀀮􀀱 P. DOl.,/} . .tl {dI/z-ij 􀁃􀀨􀁌􀁾􀁾 < --------GAY, MCCALL, ISAACKS, GORDON & ROBERTS A 􀁐􀁉􀁜􀁬􀀩􀁲􀀭􀁾􀁓􀁓􀁉􀁕􀁎􀀢􀁌
􀁃􀀨􀀩􀁎􀁾􀀨􀀩􀁉􀀨􀀢􀀧􀁔􀀱􀀰􀁎 777 EAST l5TH STREET PLANO, TEXAS 75074 􀁾􀀷􀀱􀀯􀀴􀀱􀀴􀀭􀀸􀀵􀀰􀀱 • FAX 972/424-Sti 19 DATE: PLEASE DELIVER UPON RECEf.PT //) It􀁾Id:'3 TfME: FACSIMILE
MESSAGE COVER SHEET Please print all data (black ink will give better results)_ Following is/are paget:;) not inclUding this cover. If any part of this message is missing or received
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OCT. -10' 03(FRI) 14:01 TEL:972 422 9322 P. 002 No. CC-03-01967-B TOWN OF ADDISON, TEXAS § IN THE COUNTY COURT §§§ vs. § AT LAW, NUMBER 2 § ABSOLUTE SYSTEMS, LTD., 276 TRUST § AND MERRILL
LYNCH BUSINESS § FJNANClAL SERVICES, INC. § DALLAS COUNTY, TEXAS AFFIDAVIT OF MICHAEL MURPHY STATE OF TEXAS §§ COUNTY OF COLLIN § BEFORE ME, the undersigned uuthority on this day, appeared
MICHAEL MURPHY, who is personally known to me, and first being duly sworn according to law, deposed and said; My name is MICHAEL MUR PHY. Jam over twenty-one (21) years of age, and Jam
fully competenttomakethis Affidavit. I have personal 􀁫􀁮􀁯􀁷􀁬􀁥􀁤􀁾 ofeach ofthe facts stated herein and each fact is within my personal knowledge and is true and correct. lam thePuhlicWorks
Director for theTown ofAddison, Texas, Plaintiff in the above cause of action. III connection withmyduties and 􀁲􀁥􀁳􀁰􀁯􀁮􀁳􀁩􀁢􀁩􀁬􀁩􀁴􀁩􀁥􀁾 Iam responsible for the oversight ofthe
Public Works Projectknown as the ArapahoRoad Extension. Thepurpose ofthat 􀁐􀁲􀁾􀁩􀁥􀁥􀁣􀁬 is to extend Arapaho Road west ofMidway Road in Addison, Texas to alleviate the traffic congestion
experienced on Belt Line Road in Addison. In connection with thatProject, the Citydetennined that it was necessary to construct a portion ofArapaho Road across the rear ofthe property
located at 4139 Centurion Way, Addison, Texas (the subject property ofthis action). The extension ofArapaho Road over the subject property .... FFID....VIT OF 1\11CUAH MURPHY r: 􀁏􀁉􀀧􀁬􀀡􀁕􀁮􀁬􀁾􀁮�
�􀀮􀀺􀀮JmJ 􀁓􀁩􀁬􀀡􀁕􀁬􀁮􀁬􀁬􀀡􀀮􀁪􀁾􀁩􀁰􀁾􀁵􀁮􀀮􀁕􀁍􀁊􀁇􀁒 􀁌􀁌􀀺􀀺􀁬􀁾􀁮􀁬 􀁓􀁃􀁬􀁬􀁊􀁮􀀬􀀮􀀻􀁾 HJI\pc,rnIY hucmt:1 􀁾􀁩􀁬􀁥􀀧􀀺􀀧􀁩 􀁵􀁬􀁬􀁾 􀁕􀁩􀁃􀁵􀁜􀁩􀁵􀁲􀁰􀁨􀁾􀀮􀁁􀁦􀁬􀀮􀀮􀁜􀁜􀀧􀁰􀁤
OCT. -10' 03(PRI) 14:01 TEL:972 422 9322 P. 003 involves the construction of an overhead bridge which will 􀁣􀁲􀁯􀁳􀁾 the property. The acquisition ofan easement over that property was
authOJized by resolution ofthe city council of the Town ofAddison, Texas, fl true and correct copyofwhich is attached as Exhibit"N' and incorporated byreferenced herein as if set forth
at length. The area of the easement being acquired for the overhead bridge had, on the date of taking, approximately36park; ng spaces available for use bythe owner ofthe subject property.
Theparking area was constructed upon existing easements, including a3O-foot Dallas water uti] ity easement and a 50-foot drainage easement. In connectionwith thetakingofthis easement
for the constIUctionofthe bridge, the Town ofAddison has agreed to reconstruct the parking spaces to provide the same number ofspaces that existed on the date oftaking. Theproperty ownerwill
continue to own the propertyin fee simple, save and except the easements which encumber that portion of the property. In early2002, theTownofAddison began negoliatingwith Mr. Gary Crouch
of 176 Trust, for the acquisitionofthe area reqUired for the project. In connection with those negotiations, the Town of Addison obtained an appraisal by Evaluation Associates, Inc.
At the time the first appraisal was perfonned, the appraiserwas under the mistaken belieflhat the 36 parking spaces would be lost due to the takingand this loss would impactth0highest
and best use ofthepropertybecauseit wouldno longer COTIlplywith thezoningrequirernents oftheTown ofAddisonfor its CUl1'ent use. EvaluationAssociates appraised the property taken and
the damage to the property at $225,000.00. The above value was comprised of$62,381.00 for the property to be taken and $161,619.00 attributed to damages to the remainderdueto the abovemisconception.
Based upon that appraisal theTown ofAddison offered the AfFlDi\VIT OF MICHAEL MVRrHY 􀁃􀀺􀀧􀁏􀀨􀁜􀀬􀁵􀁭􀁾􀁮􀁬􀁓 􀁉􀁉􀁮􀁴􀁬􀀵􀁾􀁬􀁬􀁪􀁮􀁉􀀬􀀺􀀱􀁉􀀧􀁨􀀺􀁩􀁬􀁊􀀺􀁉􀀧􀁉􀁉􀁉􀁉􀀮􀁃􀁩􀁍􀀧􀀧􀁬􀁉􀁬􀁴I.nelll
􀁾􀁲􀀧􀁬􀁬􀁩􀁬􀁬􀁹􀀮.. ·Tl.omPLlnsry Inl,;nH;1 􀁦􀁩􀁫􀁾 01_KI>l(' Mllrpll).J\ri.wpd Pnge 2
OCT, -10' D3(FR1) 14:01 TEL:972 422 9322 P. 004 owner(2 76 Tlust) $225,000,00, Atrue and correct copy ofthe correspondence transmitting that 0 ffer is attached hereto as Exhibit "B"
and incorporated by reference herein as ifset forth at length. Afterreceiving the initial offer, Mr. Crouch cOITesponded with the City requesting clarification of various issues related
to the 36 parking spaces, as evidenced by Exhibit "C" attached hereto, The Town's initial offer was rej ected as evidenced by that correspondence from Mr. Gary Crouch's attomeywhich
is attached hereto as Exhibit "D" and incorporated by referenceherein as ifset fOlth at length, OnApril 10, 2002, Mr. Crouch requested to address the Ci ty Councilregarding these issues,
which hedid. A true and correct copy of that letter is attached hereto as Exhibit "E". 􀁓􀁵􀁢􀁾􀁥􀁱􀁵􀁥􀁮􀁴to the offer being rejected and after lengthy discussions regarding the parking,
the Town ofAddison detennined that the taking ofthe property, and the reconstruction ofthe parking spaces, would not result in the subject propelty􀁢􀀨􀁾􀁮􀁧 in non-compliance with the
zoning requirements ofthe Town ofAddison. In addition the Town agreed tore-construct the 36pal'king spaces as evidenced in that letter ofApril 24, 2002, which is attached herer.o as
Exhibit "F". According]y, the appraiser was instructed that his misconception conccllli ng the impact oftile bridge upon the zoning compliance issues was erroneous. He revised his appraisal
to reflect the value ofthepropel1ytaken of$62,381.00. In t11e Apli124, 2002 letter, Mr. Crouch was notified that the SL1bj ect property would remain in compliance with the zoning requirements
ofthe Town ofAddison under the plans for the construction ofthe blidge and reconstruction ofthe parking spaces and that he would be able to continueto use the property at its highest
and best use. At that time, an ofterwas made to Mr. Crouch of$62,3 81.00 reflecting the value ofthe part actually taken by the Town of Addison. That offer was likewise rejected. 􀀱􀁜􀁴􀀢􀁾􀁉􀁐􀁁􀁖􀁉�
� OF MICHAEL MllRPHY C": Docummlli u"d SCLlinl.;t'.II.:ip:ll'II.GMIl'iR I.MIlI !o\rlllilLI( 􀁪􀁃􀀺􀁉􀀢􀁉􀁜􀁉􀀢􀁬􀁜􀀧􀁉􀁜􀁉􀁾 􀁉􀁬􀁕􀁬􀀧􀁭􀁾􀁲 nll.',,·l)u,:,I tI:(' 􀁾􀁨􀁬􀁲􀁬􀀧􀁨􀁾􀀮􀁁􀁉􀁬􀀬􀁜􀁜􀀢􀁰�
� 􀁲􀁮􀁧􀁾 􀀮􀁾
OCT, -lO'03(PRI) 14:01 TEL:972 422 9322 p, 005 On May 5, 2002, a counteroffermade by Mr. Crouch, through his attorney, of$400,OOO.00 for the acquisition ofthe easement. A true and con"eet
copyofthe letter transmitting that offer is attached hereto to as Exhibit "G" and incorporated by reference herein. In all effort to resolve this matter and avoid the necessity for condemnation,
the Town ofAddison made a final offerof$112,3 81.00, whichconsistedofthe$62,381.00forthepalttalcenand an additional $50,OOO.OObeingoffered in an effort to settle the valuation issues.
A true and correct copy ofthat 0 ffer is attached hereto as Exhibit \IH" and incorporatedbyrefereuce herein as ifset fOlth at length. That offer was not accepted by Mr. Crouch. On September
17,2002, the Town once again offered $112,381,00 for the easement, as shownin Exhibit"!" attached hereto. Once again, tlleoffer was rejeeted. Atno time has Mr. Crouch offered to sell
the easement to the Town of Addison for any less than $400,000.00. It became apparent that continued negotiations would be futile and that it would be necessmy for theTown ofAddison
to proceed with condemnation. After negotiations had broken down and it was detennined that the Town ofAddison would be reqUired to proceed with condemnation, the Town of Addison obtained
an additional appraisal by Hipcs &Associates on or about September 26, 2002. Mr. Hipes' opinion ofvalueoftheeasemenl to be acqUired was $52,601.00 which was substantially less than the
final offer made bytheTownofAddison. TheToWIl ofAddisondid nothavethcHipes' appraisal at the time that the final offer was madeto Mr. Crouch. 􀁁􀁉􀁾􀁬􀁏􀁕􀁧􀁨 Ibelieve that a copyofthat
appraisal had been provided to Mr. Crouch, Ihavebeen unable to locate any document retlecting deli vel)'by certified mail or hand delivery. AfFIDAVIT OF MICHAEL MURPHY C.IDnCUrnl"nl:,
UllcJ 􀁾􀁵􀁬􀁬􀁬􀁬􀁬􀁲􀁬􀁬 jl,;i,,4('111,(iMIl,iH Lnc.lIol 􀁾􀁾􀁩􀁮􀁾􀁳 Tel1"lpcriU)'lnll:tTJ\;1 􀁦􀁩􀁬􀁾 (J\.t..: IHt""MuS'l'hy.Ah.\\''Pd PAge 4
OCT.-!O'03[PRI) 14:01 TEL:972 422 9322 P. 006 Prior to filing condemnation, the Town ofAddison used its best efforts to negotiate a settlement of this matter by making the offers referenced
above. The Town ofAddison does not believe that Me Crouch's final offer of$440,000.00 represents the value ofthe part being acquired nor for the alleged damages which Mr. Crouch􀁢􀁥􀁬􀁩􀁥􀁶􀁥􀁳􀁴􀁨􀁾
􀁬􀁴􀁨􀁥􀁨􀁡􀁳 sustained. Therefore, although theTown ofAddisonis not willing to pay $400,000.00,1 believethat we have negotiated in good faith based upon the appmised values of the
propel1y. Further Affiant sayeth not. MICHAEL MURPHY SWORN TO AND SUBSCRIBED BEFORE ME by the said MJCHAEL MURPHY, on this __ day of October, 2003, to certify which, witness my hand
and seal of office. Notary Public in and for the State of Texas .o\FF"IDAVIT OF" MICHAEL MURPHY '.'; 􀁬􀁊􀁡􀀢􀀻􀁉􀁉􀀱􀀱􀁉􀁾􀁬􀁬􀁬􀁆􀁯 nnn 􀀽􀀭􀀧􀁃􀀧􀁬􀁲􀁬􀁮􀁏􀁾􀀧􀀬􀁊􀁬􀁊􀀧􀁰􀀬􀀮􀁮􀁮􀀬􀀨􀁩􀁍􀁉􀀨􀁩􀁴�
� l.oc'l1 Selllny1, 'rt1T'f'lntJIY lnwnr:t 􀁲􀀺􀁪􀁨􀀮􀂷􀀺􀀻􀂷􀁑􀁕􀁾􀁉􀁓􀁓􀁲􀂷􀁍􀁬􀁯􀁉􀁬􀁴􀁬􀁨􀁾􀀬􀁁􀁉􀁉􀀮􀀢􀀧􀀧􀁐􀁴􀁊 Pal:C 5
OCT. -la' 03 (PRI) 14: 01 TEL:9n 422 9322 GAY, MeCALL, TSAACKS, GORDON & ROBERTS, P.C. AT10RNr,VS AND COUNSELORS p, 00 I • tl(lard Cellitied Cilil Tn;" L;I\.\· Tl'.X'\' Bl'1mJ llf Legal·
􀁓􀁊􀁬􀁣􀁣􀁩􀁾􀁬􀁩􀀯􀁵􀁬􀁩􀁬􀁜􀁮 JOHN r. GAY SYON/\ 1-1. 􀀨􀁪􀁏􀁉􀁾􀁦􀀩􀀨􀀩􀁎 fJ'WIS I... ISAACKS". MARC M/\Y DAVIO 13. McCALL" KELLI ROACH WILLIAM J. ROBERTS' DATE: 10/1 0/03 777 cAST
15TI" STRf,I'T PLANO, TEXAS 75074 􀁾􀀷􀀲􀀯􀀴􀁾􀀴􀀭􀁾􀀵􀀨􀀩) FAX: Q72/·124·561(,1 TTME: 11:35 p.111. *f\ IIl\rrtcy-Mcdi;llor 􀁆􀁁􀁃􀁓􀁊􀁍􀁊􀁌􀁴􀁾 MESSAGE COVER SHEET Following is/urc
36 pagc(s) includinH this cover. If any pal't of this 􀁭􀁥􀁳􀁳􀀢􀀧􀁧􀁾 is missing or received poorly, plcnse cull the SCndIH" as soon as possible. PLEASE DELIVER lJPON RECElI)T TO: Murk
Coodmun/Kyle ,Johnson Angela Washington Mike Murphy FR: Lewis 􀁉􀁳􀁡􀁡􀁣􀁬􀁾􀁳 RE: Addison \',276 Trust; MESSAGE; fA.X NO. 972-404-0516 􀀲􀀱􀀴􀁾􀀶􀀷􀀲􀀭􀀲􀀰􀀲􀀰 􀀹􀀷􀀱􀂷􀀴􀀵􀀨􀀱􀁾􀀲􀀸􀀳􀀷
CONFlDENTJALITY NOTICE The information contained in this fa'csimile message and documents 􀁡􀁣􀁣􀁯􀁭􀁰􀁡􀁮􀁹􀁩􀁮􀁾same are legally privileged and t:onfidcntinl informlltion 􀁩􀁮􀁴􀁣􀁮􀁤􀁾􀁤
only for the use of thl' individual or entity named herein. If tht' reader O'f this messllgt is not the intended recipient, you nrc hereby notified that nny disscminntion, distdbution
or copy of this; 􀁴􀀨􀀡􀁬􀁣􀁥􀁯􀁰􀁾􀀧 js; 􀁳􀁴􀁲􀁩􀁣􀁴􀁬􀁾􀀧 prohibited. If you 􀁨􀁾􀁜􀀧􀁥 reeL-h'ed thh tclccopy in error, please immediately notify us 􀁢􀁾􀀧 telephone and return the
oa<iginal nwssage to us llf tht 􀁵􀁤􀁤􀁬􀀧􀀨􀁾􀁳􀁳 above \'iH tht· United States Postal Service. Thank you.
ocr. -10' 03 (PRI) 14: 02 TEL:972 422 9322 P. 002 LAW OFFTCES GAY, MCCALL, ISAACKS, GORDON & ROBERTS AJ'ROPBSSIONAL CORPORATION 777 EAST 15uI ST.REET PLANO, TEXAS 75074 972/424-8501
• fAX 972/424-5619 JOHN E. GAY SYDf'lA H. GORDOI'I LEWIS L. ISMCKS .010 RACHEL L. KING MAJl.C R. MAY -. DAVID MCCALL+ KELL! L. ROl\CH WILLIAM J. 􀁒􀁏􀁂􀁾􀁒􀁔􀁓 ;HEA'JlIER A. 􀁓􀁃􀁈􀁁􀁾􀁆􀁮􀁒
October 10, 2003 • BOARD Cr:RTlT'TIlD -CIVIL TRIAL LAW TEXAS BOARD OF LEGAL SPECIAllZATrON " BOARD CERTlflED • FAMQ.V LAW Tl!XAS BOARD OF LEGAL SPEClALlZATlON 4-ArrORNIlY -MEDIATOR VlA
FACSIMILE AND HAND-DELlVERY Mark Goodman, Esq. Kyle Johnson, Esq. Two Lincoln Centre 5420 LBJ Freeway, Suite 1200 Dallas, Texas 75240 Re: Cause No. 03-0l967·B; TOWll of Addison v. Absolute
Systems, Ltd., et al; Our File No. 93516.0.30S4 Gentlemen: Enclosed is a copy ofThe Town c,fAddison's Responseto 276 Trust's Plea to the Jurisdiction. I am faxing this copy to you as
well as having a hard copy hand delivered to your office. Although the courier has left with with that copy. 1wanted tn111akesurethatyou had at leasta fax prior to ourogTeed 2:00 p,m.
deadline. On Monday, rwould like to discU:5s deposiriondates for Mr. Crouch. Therefore,l would req uest that you confer with him prior to that time with regard to his availability for
deposition. As always, should you need to dis(:uss any issue in this action, please do not hesitate to contact me. LLIIjbg Enclosure
OCT. -10' 03(PRI) 14:02 TEL:972 422 9322 P. 003 LAW OFf/ICES GAY, MCCALL, 􀁉􀁓􀁁􀁁􀁃􀁋􀁳􀁾 GORDON & ROBERTS A I'ROFESSlONAL C01U'ORATION 777 EAST 15TH STREET PLANO. TEXAS 75074 972/424-8501
• FAX 9721424-5619 JOHN E. GAY SYDNA H. GORDON LEWIS L. ISMCKS 'Y+ R"Cf'l1'L L. KINo MARCR. MAY" DAVID MCCALl.+ KELLl L. ROACH Wll.UAM J. ROIlI'RTS + HEATHER 1\. 􀁓􀁃􀁉􀂷􀁲􀁁􀁉􀁩􀀮􀁾􀁒
Clerk, County Court at LZlW #2 3'd Floor, Records Building 500 Mllin 􀁓􀁴􀁲􀁾􀁥􀁴 Dallas, Texas 75202 October 10, 2003 'Y BOARD CERTIFlED -CJVlI. TW.L LAW TEXAS BOARl) ()!' LEGAL SPECIALtzAnON
􀀬􀁾 BOARD CERTIFIED· FAMll.V LAW TBXAS BOARD OP LEGAL SPECIALIZATION + ATTOl!NJ;Y -MlEP1ATOR Re: Cause No. 􀁃􀁃􀂷􀀰􀀳􀂷􀀰􀀱􀀹􀀶􀁾􀀱􀂷􀁂􀀻 Town of Addison, Texa:; v. Absolute System.s,
Ltd., 276 Trust and Menill Lynch Business Financial Services, Inc.; Our File No. 93516.03054 Dear Clerk: Enclosed please find Plaintiffs Responseto Defendant's PI ea to the lud$dicrion
and a Rule 1J Agreement for filing in the above cause. Please return file marked copies to the courier delivering same. Thank you for your assistance in this matter. LLI/jbg Enclosure
xc; HAND DELIVERED Mark Goodman, Esq. Kyle Johnson, Esq. Two Linco1n Centre 5420 LBJ Freeway, # 1200 Dallas, Texas 75240
OCi. -10' 03(PRI) 14:02 i. U. I) 9 ' ;: I) lJ J 1G: uII FAX Qi 2􀁾 () -\ I) 51 U "\;/T -03' 0j (rK \j \ I􀁾 : 55 􀁔􀁅􀁾􀀺􀀹􀀷􀀲 422 9322 uAYID GOODMAN &MADOLE􀁔􀁅􀁾􀀺􀀹􀀷􀀲 422 9322
P. 004 \lDOOU002 p, DO; LPlW Or:FrCES Gt\Y, MCCALL, ISAACKS, GORDON & ROBERTS A l'ROlWiIONI\L. CORrOR"TION 777 EAST 15m STREET 'PL"NO. TEXAS 7507497:!J424-8S0 1 • 􀁆􀀮􀁾􀁸 972141A--i619
,:J\I.'" F... G"y c';'(='HA H. 􀁇􀁵􀀢􀀧􀁄􀁏􀁾 1..:= 􀀢􀀬􀀬􀁾 L 􀁨􀁾􀁬􀁾 "'.,. LV-􀁾􀁲􀀱􀀺􀀻􀀱􀀮 L. 􀁋􀁉􀁜􀁾􀁲􀀻􀀺 , I ... 􀁾􀀺􀀡􀀺􀀧 􀁲􀁾 􀁾􀀱􀀧􀀱􀀱􀁜􀁙 ·JI . ::: 􀁾 􀀡􀁾􀁾􀀨􀁜􀁪􀀢􀀮
to ..: '.c,1 '-.. 􀁊􀁾􀀢􀀢􀀡􀁉 .. 􀀧􀀮􀁾 􀀮􀁾􀀺 J1JV! j. 􀀺􀀼􀀮􀀮􀁃􀀩􀀡􀀮􀁬􀁾􀀿􀁴􀀧􀁴􀁾 1" 􀀺􀁾􀁾􀁾􀀨􀀧􀁾􀁉􀁉􀁉􀁜􀀻􀁾􀁉􀁉..\. 􀁓􀁬􀀬􀀻􀁲􀀧􀁬􀁲􀀧􀁬􀁾􀁉􀀱􀀳􀀬􀁬 \fr. Kyle 􀁪􀁃􀀧􀁲􀀮􀀻􀁪􀁾􀁏􀁬􀁪
􀁾􀀧􀀮 wo ::"l,;i;o:ri CCj\tre 􀀺􀁩􀁾􀀬􀀺􀀧 .:: 􀁾􀀬􀁬􀀲􀀻 :.:'r􀁾􀁥􀀮􀁷􀁡􀁹􀀬 5;uite 1200 t·".! '1;,. I o:aR 􀀷􀀵􀁽􀁾􀁃 October 9,1003 .. Bq4JiO 􀁃􀀺􀁬􀁩􀁾􀁉􀁲􀁛􀁆􀀮􀀺􀁐 -Crvn. \P,t,H.
L....1j.I Tsr􀀢􀀮􀁾 HOARD OP LEGAL 􀁓􀀡􀀧􀁅􀁾􀀡􀁊􀀮􀁬􀀮􀀮􀁬􀀮􀀲􀀬􀁯􀁜􀁾􀂷􀁉􀁃􀀺􀀺􀁎 􀁾 􀀡􀁾 Cil!t\lAW 􀁾 􀁆􀀢􀁍􀁲􀁾􀁙 0,w Tt1Ms BOARD 0'F 􀁌􀁅􀀧􀀺􀁁􀁾 􀁓􀁐􀁉􀁬􀁃􀀧􀁁􀀱􀀮􀁉􀁺􀀮􀀮􀀮􀀮􀁩􀀢􀀬􀂷􀁾􀀺􀀧􀀭􀁉
FACSIMILE NO, 972-404·U516 Rc: Clluse No. 03 w 01967.B; Town of Addi!lon v. Absolute S>,stems, l.td, ei aL 􀁏􀁵􀁲􀁆􀁩􀁬􀁾 No. 93516.03054 Tilis wiD confum 􀁯􀁌􀁕􀂷􀀡􀁬􀀮􀁧􀁲􀁥􀁥􀁭􀁾􀁮􀁴U1l1t
tile TClWn of 􀁁􀁤􀁷􀁾􀁯􀁮 􀁭􀁾􀁙 file itli Response tI:1 􀁄􀁾􀁲􀁾􀁭􀁬􀁩􀀺􀁬􀁬􀁊􀁴􀀬 2'76 7:'J,(5 P;til To .7urisidictioll nnd delive1'l! copytc YOl.l DY 2:00 p.rn. tomorrow, fl"idtly.
Oct.;lber 10. 2003. 1 􀁩􀁬􀁲􀁰􀀺􀁥􀁤􀁾􀁾􀀺􀀡 your cOn:Jideratiol1 it! this rna 􀁴􀁴􀁃􀁉􀁾 particularly in light of tile 􀁦􀁬􀁬􀁾 t that 1blwe 􀁬􀁊􀁾􀁥􀁔􀀧􀁬 in erial :\U week !n CoUiJ1
CCl1-'!lty lwd 􀁕􀁉􀁈􀁉􀁾􀁬􀁥 to prLlvide you with finalized Respnnsl::: any earlier. If this correct1y 􀁮􀁾􀁮􀁾􀁃􀁬􀁓 our Dsreenltm, please l:;gnify 91lnll!! by s:;gnl.l'lg in the space
􀁰􀁲􀁯􀁶􀁩􀁤􀁾􀁤 bdow ,:n.d 􀁲􀁾􀁴􀁵􀁭 10 n1e at )IOU1' earliest 􀁯􀀨􀀱􀁾􀀱􀁖􀁯􀁣􀁩􀁥􀁴􀀱􀁾􀁥􀀬 V'dry !I\lly yours, 􀁣􀁾􀀺􀀬 :"LlIjbg
OCT. -10' 03(PRI) 14:02 TEL:9n 422 9322 CAUSE NO. CC-03-01967-B P. 005 TOWN OF ADDISON, TEXAS, §§ 􀁾􀁡􀁾􀁈􀁦􀁦 §§ 􀀢􀁾􀁓􀁯 §§ ABSOLUTE SYSTEMS, LTD., 276 § TRUST AND MERRILL LYNCH §
BUSINESS, FINANCIAL SERVrCES, § INC., §§ 􀁄􀁥􀁦􀁥􀁮􀁤􀁡􀁮􀁴􀁾 § IN COUNTY COURT AT LAW NO.2 DALLAS COUNTY, TEXAS PLAINTIFF'S RESPONSE TO DEFENDANT 276 TRUST'S PLEA TO JURISDICTION TO
THE HONORABLE JUDGE OF SAID COURT: COMES NOW Plaintiff Town of Addison and files this Response to 276 Trusf5 Plea to Jurisdiction and states as follows: I. FACTUAL BACKGROUND 1. This
is a condemnation action brought by the Town ofAddisonto acquire an easernentover property owne.d by Absolute Systems, Ltd. in order to extend Arapaho Road through the Town of Addison,
Texas. Although Absolute Systems, Ltd. is the ownerofrecord title to the property, 276 Trust retained the right to the condemnation proceeds at the time ofthe sa.]eto Absolute Systems,
In early 2002, theTown ofAddison began negotiations with 276 Tlust who owned the propelty at th Elt time. As detailed in the Affidavit ofMichae! Murphy, the Public Works Director for
theTown ofAddison, vOlnou5 offers and pl.A1NTIFF'S BRIEF IN RF.-<;;PONSE TO 􀁄􀁅􀁉􀀧􀀢􀁾􀁎􀁊􀀩􀁁􀁎􀁔 􀁾􀀧􀀶 TJl.UST'S PLEA 1"0 .Il)ftlSDICrION ,PAGE 1 H: L1TSLlr lJ 0 C C_OOMAIN Adch:.r-n.
TII\'"", of 􀁲􀁴􀁣􀁾 leI f1lol1
OCT.-10'03(PRI) 14:02TEL:972 422 9322 p, 006 counteroffers were made during 2002 in an effort to negotiate the purchase ofthe easement rather than proceeding with a condemnation action. However, as set f0l1h
in Mr. Murphy's Affidavit, those negotiations were unsuccessful. Therdore, after such nego tiationshad failed and proved futi! e, the City Council oftlle Town ofAddison passed its Resolution
authorizing the acquisition ofthe easement through eminent domain. Adetailed deScl;ption ofAddison's efforts to acquire the property tlu'ough negotiations are detail ed in Mr. Murphy's
Affidavil. At the outset ofthis process, Addison obtained an appraisal from Evaluation Associates, Inc. to detennine the market value of the property sought to be acquired. 2. On January
23,2002, Eva) uationAssociates conducted an appraisal on the subject property located at 4139 CentUIion Way. Addison, Texas. Tl'l.is appraisal stated that atrue value ofthepropel1Y to
be taken wouJd be $215,000. Tlu& amount can be broken down into two parts: $62,3 B1.00 for the actual taking and $162,619.00 for the Joss of value ofthe remainder ofthe property. However,
this appraisal was completed under the 􀁡􀁳􀁾􀁵􀁭􀁰􀁴􀁩􀁯􀁮 that the existi ng office/warehouse buildingcou1dnot be rebuilt in iu; current location due to the laking ofthe easement.
After review ofthe existing city ordinances, it was determined that Addison's ordinances would pennit the reconstruction ofthe exi sting bUildingar its CU11'ent location in the event
ofde:,t:ruction. Therefore, the assumption ofthe initial appraisal was en-oneous. Consequently, Evaluation Associates conducted a second appraisal of the property on February 13,2002.
The second appraisal detennined the rotal compensation for the taking would be $62,381.00, as there was no damage to the remainder. 3, Addison made three 􀁯􀁦􀁦􀁾􀁲􀁳 to the Trust, all
of which ha.ve been rejected. (See Murphy Affidavit). In response to Addison'l; offer, '276 Trust countered with $440,000.00 for the easement. PLAINTlrr-'s BRIEf IN RESPONSE TO DEFENDANT
170 TRUST'S PLEA TO JURISDICTION· PAor; 􀁾 1'1: UHL'r 1.1 BG􀀮􀁅􀁟􀁄􀀨􀀩􀁍􀀮􀁾􀁉􀁾􀀧 􀀬􀀬􀁾􀁤􀁩􀁾􀁯􀁰􀀬 􀁔􀁾􀁉􀁜􀀢 of R" '0 Pl.,
OCT.-10'03(PRI) 14:02 􀁔􀁅􀁾􀀺􀀹􀀷􀀲 422 9322 P. 007 Plaintiffand condemnees wereunahleto agreeupoll tl1ecompensa.tion dueas a result of the taking ofsuch property, 4, Accordingly. on
August 27) 2002, the Addison City Council passed resolutionNo. R02-078, which detenni11ed that public convenience and necessity required the Tovm to acquire fee simple O\vnership of
a p0l1ion ofthe propel1y owned by Absolute Systems, Ltd. ("Absolute") for the realignment and extension ofArapaho Road in the Town. Subsequent to the passage ofthe above resolution,
Addison obtained a third apprai:;al from Mark Hipes. 5. Addisoll then initiated condemnation proceedings. The Special Commissioners granted Addison the penTIW1ent easement Elnd ordered
payment to the Trust 0 f$ J15,000, as compensation for the taking. The Trust now claims the Special Conunissioners had nojurisdictionto hear the condemnation 􀁰􀁲􀁯􀁣􀁥􀁥􀁤􀁩􀁮􀁾􀀬 and
the Statement in Condemnation should be dismissed. Forthe reasons set forth below, 276 Trust's contentions are without merit. II. ARGUMENT AND AUTHQRITY A. Addison and the Trust were
"Unable to Agree" as to the AnlOunt of Dllnlll2es Under TexfL5 PropeJiyCode Section 21.012, an entity with eminent domain authority who cannot agree with the landowner on the amount
of damages, may :file a condemnation petition to initiate a condemnation proceeding. TIle petition mu.st (l ) describe the property to be condenmed; (1) state the pUllJose for which
the entity intends to use the property; (3) state the name ofthe mvner, iflcnown; and (4) state that the entity and landowner are unable to ngl'ee. Pitts v. Sabine River Au/hodty a/Texas,
PlAINTifF'S BRIEF rN RESPONSE TO DEFENDANT 􀁾􀀧􀀶 􀁔􀁒􀁵􀁳􀁲􀁾 PLEA TO ,lURISDIC"TION . P,'\Gc 􀁾 H.I,..JT':'t'P IJ» ti t_DOtvt'\fN.-\cJui:Hm. TC\\\'11MRt::I {C\ PI""1
OCT, -10' 03(PRI) 14:02 TEL:972 422 9322 p, 008 107 S.W.3d 811,815 (Tex. App.-Texarkai18 2003, pet. filed); EXXOl1Mobi/Pipeline Company" Bell, 84 S.W.3d 800,804 (Tex. App.-Houston[]
st Dist.], 2002, pet. filed). Addison filed its "Statement in Condemllati on" satisfying all the 􀁮􀁥􀁣􀁬􀁾􀁳􀁳􀁡􀁲􀁹􀁲􀁥􀁱􀁵􀁩􀁲􀁥􀁭􀁥􀁮􀁴􀁾􀀬 as described above, with this Court on
Februal'j' 19,2003. To prove that a condemnor was unable to agree with the landowner as to the amount ofdamages, it is only required to showthata bonZl fide offer was made to payt11eestimated
tmcvalue ofthe plupelty and the landowner rejected such otfer. Pitts, 107 S.W.3d at 815-16; Hubcnak. 65 S.W. 3d at 797; State". Schmidt, 894 S.W.2d 543, 545 (Tex. App.-Austin 1995),
III order to be abOlla fide offer, the offermust be made in good faith and made honestly, openly and sincerely, without deceit or fraud.ld. TI1C offermust notbe al'bitraly or capricious,
but must be based on areasonably thorough investigation ofthe fUllOUllt of compensation owed to Ule landowner 􀁡􀁾 a result of the taking, Pitts. 107 S.W.3d aT 819; Exxol1Mobil Pipeline
Company v. Harrisonlnreresls, Ltd., 93 S.W.3d 188 (Tex. App.-Houston[14th DiS1.J, 2002, pet. for review filed Ocr. 14,2002). Addisonlnade a good faith effort to negotiate with the Trust.
On March 4.2002, Addison sent a letterto the Trust offe1ing$225,OOO based upon the appraisal by Evaluation Associates. Unbeknownst to Addison at that time, the above value was based
upon erroneous assumptions by the appraiser. Nevertheless, 276 Trust did not accept this offer, Addison then cooperated with the Tlust bymeeting ,vjth the tlustee, Gary Crouch, to address
his concems sun"ounding the plmmed acquisition of the propeliy. Duringthis general time fi'ame, Addison confimled that the taking would nClt impacrthe property owner's abilityto comply
with certain zoning requirements related to the use oftbe property. On April 24, PLAINTIFF'S 13RlEF 11'01 RESPONSE TO DEFENDANT '!76 TRusrs PLEA TO ,1UPJ5D1CT10N -!'AGE-4 H L1Tsur IJ
1\ G 􀁅􀁟􀁟􀁄􀀨􀁬􀁾􀁴􀁁􀁉􀁎 􀀬􀁾􀁏􀁏􀁩􀀻􀁎􀀧􀀮 TOII'II of I('r-IO 1"00
OCT. -10' 03(FRI) 14:02 􀁔􀁅􀁾􀀺􀀹􀀷􀀲 422 9322 P. 009 2002, Addison made another0 ffer ofS62,3 81. OOto theTmst based on the revised appraisal conducted by Evaluation Associates on
FeblUary 13,2002. Addisonalso agreed to recon50uct substituteparking. However, the Trust also refused this offer. Finally, Addison offered $112,381.00 for the taking. This offer was
rejected. (See MUl1,hy Affidavit). Agood faith effort to detelmine the value ofland can bemadebyhiring a state-certified general real estate appraiser. Hubrmak, 65 S.W.3 dat 800-01.
Followingthis procedure, Addison made a good faith effort to deteJ111ine the true 􀁶􀁡􀁬􀁵􀁾 ofthe land. The offers to the Trust were based on the thorough investigation and honest assessment
conducted by these apprai sals. Both offers were bona fide offers, El$ they were made in good faith and madc' honestly, openly and sincerely, \l.:ithour deceit or fi:aud. TIle Tmst,
however, refused the offers. UnderTexas law, once it becomes apparent to the condemnorthat further negotiations will be futile and the parties ",rill be unable to agree as to damages,
the condemningentitymay theninitiatea condemnation proceeding by filing3 petition. Hu.benak. 62 S.W.3d at 797. Addisononly initiated condemnation proceedings once it was quite apparent
that it would not he able to reach an agreement with the Trust. B. Addison Did Make a Bona Fide Offer Prill,. to Filing Suit The Trust claims that no bona fide offer was made because
Addison made no offer between the time the CityCounciJ passed the resolution and the time the condemnation suit was filed. No such action is required underTexas lElw. ResolutionNo. 􀁒􀀰􀀲􀁾􀀰􀀷􀀸􀀬􀁰
􀁡􀁳􀁳􀁥􀁤 on August 27,2002, pel1nitted Addison to make an offer to the T1U$t for the propertym the amountof$62,381.00,the amount already offered and rejected by the Trust just a few
months earlier. However, on September 17, 2002, a letter was sent by PLAINTIFF'S BRJEF IN RE.SPONSE TO DEFEl'if,ANT 271. TRUST'S PL.!:." TO JUR1SDICTJOl'i -PAGE 5 H' Ll'rF\W" 1.1 HCll:_uOMAIN
Addl:.Qn. Town orne:; 10 rlC";l
OCT. -10' 03(PRI) 14:03 TEL:972 422 9322 P. 010 Addisonto BarryKnight, the attorneywho represents the Trust, offering compensation in the amount of $112,381.00. This offerwas alsomadeto
Mr. Crouch) the t11lstee, onMay 9,2002. That offer was not accepted and Addisoninitiated a condel1U1ation proceeding on Feb111ary 19, 2003. Addison did make an offe!" between the time
Addison's 􀁃􀁩􀁾􀀧 Council passed Resolution R02-078 (August 27,2002) and the time Additoon 􀁭􀁾􀁤 the condemnation suit (February 19,2003) with the offer mailed to Mr, Knight on SepteOlbel'
17,2003. The Trust also bases its Plea to Jurisdiction on the factthat 110 copy ofMark Hipes' appraisaJ was madeavailableuntiJ the Speci al Commissioners heming. Section 21,0] 11 ofthe
Texas Property Code requires the condemning entity to disclose to the propelty owner "at the time an offer to purchase is 􀁭􀁡􀁤􀁥􀁾 any and all existing appraisal rep0l1s produced or
acquired by the entitythat specificallyrelate to the property and the detenninatioll ofthe value ofsuch property." Addison did 110t have the Hipes' appraisal when any final offer was
made. Although Addison believedlhatthcHipes' appraisal had been provided to the landowTlerprior to the hearing, it apparently was not. At the hearing, Addison put on evidence ofthe Hipes'
appraisal. Such appraisal cwcul ated the valueoftheproperty at $52,601. Making an offer based on thot upprulsal would certainlyhave been futile in light ofthe rejection ofthe final offer
of $112,381 .00. Section 21.0 III onlyrequircs the disclosure ofappraisal repolis used in detenl'lining the final valuation offer. Addison maden.o final offer bnsed on the Hipes' appraisal,
thus the production ofan apprnisal report reflecting such value was not required. Addison has not violated Section 11.0111. PLAJNTHY$ gR.IEF IN RESI-ONSE TO DEFENDANT 􀀲􀀷􀁾 TRUST'S
PLEA TO JURISDICTION· PAGE 6 H' 􀀱􀀮􀀱􀀱􀀮􀁾􀁬􀀧􀁦 1.1 I.i C, f. _T;OMMN AdQi,on. Tow" of 1\".1<, rl"
OCT. -10' 03[PRI) 14:03 TEL:972 422 9322 P. 0II c. The Tru§;t 'Vah::ed anJ' ComplainHsl The" Mar Have Had b" Participatin2 at Condemnation Hearina Regardless ofAddison's bon;} fide offer
and good faith negotiations, the Tru..c::t cannot now complain ofanylack ofgood faith negotiations becauseitwaived any complaints by attending and p811icipating at the condemnation proceeding.
􀁕􀁮􀁤􀁾􀁲 􀁔􀁥􀁸􀁡􀁾 law, 1andowners wai veany comp] aint they may have as to lack ofgood faith negotiations byappealing atthe special commissioners hearing. Austil1Home Center Associates
", State, 794 S.W.2d 593, 595 (Tex. App.-Austin 1990); Phillip,s Pipeline Company v. C.R. I"foods, 610 S.W.2d 204,207 (Tex. App.-Houston [14th Dist.], 1980, writ refused n.r.e.); State
1'. Royal Central Condomil1ium Owners, 1997 WL 66712 (Tex. App,-· Dallas 1997, not designated for publication); Jones v. City ofMi'neola. 203 S.W.2d J020 (Tex. Ci,J. App.•Texarkana 1947,
writ refused). lfa condemnee is dissatisfied with the special conunissioner's award, he can file objections with the court, in which case. the award is vacated and the cOlmnissioner's
administrative proceeding is converted into ajudicial proceeding. AmaSOI11'. Natural Gas Pipeline Company, 682 S, 'IN.2d 240, 242 (Tex. 1985). TIle condemnee'sJ;ght ofappeal onlyaffordsthepetitionera
n adequate remedy for errors occulTing in the special commissioner's proceeding, up to and including the award. To nahill v. GlI(f States Utilities Company, 446 S.W.2d 301,302 (Tex.
1969); Ciry ofDallas v. Martin, 711 S,W.2d 285,287 (Tex. App.-Dallas 1986). Thus, the 1111st can now only cOlllplain about the commissioner's award, bUI cannot complain ofany jmisdictional
matters preceding the Comm;ss;l"lners Hearing, Whether PLAINTIFF'S BRIEF IN RESPONSE TO DEFEl'-DANT 􀁾􀀷􀀦 TRusrs PLEA TO ,lURISDICTION -PAGE 7
OCT. -10' 03 (FR I) 14: 03 TEL:972 422 9322 p, 012 Addison made a bona fide offer is ajuJisdictionalmatterthat cannotnow be litigated before this Court. The Trust canl10t now complain
oflack ofgood faith negotiations prior to the special commissioner's proceeding because the TlUSt attellded, participatedin, and consequentlywaived, its right to challenge jurisdiction
under Section 21.0) 2, FUlther, the Dallas Court ofAppeals has held in an unpubl ished opini on, that the requirement of being "unable to agree" is also a pre] itigation matter that
is waived when the condemnec appears and participates at the condemn atlon proGeeding. State 1'. Royal Central Condominium Owners, 1997WL 66712. Thus, under this holding, this Court
should not review whether Addison established its inability to agree with the Tmst because that would be a prelitigation issue, notproper foneviewbythis COUlt. TIle TlUst's right to
review in tl1is Comtis 1imited to the amount ofcompensation to be awarded for the taking CO.NCLUSION Addison madebona fide offers and negotiated in good faith with the Tnl.'lt prior
to commencing this action. Further, Addisonhas establishedthatit was "unable to agree"'\vith the Trust as to the amount of damages. UndertheTexas Propel1yCode, this Court has jurisdiction
overthismatter. Furtl1er, the Trust has waived any complaint as to good f;lith negotiations and otherjurisdictionalmatters byattendingand participatingat 111econdemnati onproceeding.
Therefore,!hi s Cami has properj w"isdi ctionto bearand decide only the amount of compensation due the landowner. WHEREFORE, PREMISES CONSIDERED, Pl aintiffprays tbat upon hearing, the
COU11 deny Defendant's P] ea to the Jurisdiction, that it retain this caSe on the docket, and for such othenmd further relief to which it may show itself to be entitled. PLA1NTJFF'S
BR1EF IN RESPONSE TO DEPENC'ANT 270 TRUST'S PLEA TO .IURJSDICTJON . PAGE 8 1-1-LIT.C::lrr 1.1 Ii (i 􀁲􀀧􀁊􀁽􀁉􀀺􀀩􀁾􀁴􀀴􀀱􀀧􀀢 ACldl:lLlII. 'Ill""" 􀁾􀀬􀁉􀀧􀁒􀁴􀀺􀀡􀁯 u' 􀁲􀁬􀁾
OCT.-\0'03(PRI) \4:03 TEL:972 422 9322 Respectfully Submitted, LEWIS 1. ISAAC B Card No. 10430300 '-------GAY, McCALL, ISAACKS, GORDON & ROBERTS, P.C. 777 East 15th Street Plano, Texas
75074 Telephone: 972/424·8501 Telecopier: 972/424/5619 ATTORNEY FOR PLAINTIFF CERTIFICATE OF SERVICE p, 0\3 A copy ofthis Briefhas been delivered by facsimile and hand-delivery to all
counsel ofrecord on this the IOlh day of October, 2003, PLA1NTIFf'S BRlEF IN RESPONSE TO DEFl:ND.WT 27(, TRusrs PLEA TO ,fl1RlSDlCTJON . PAGE 9 Il: LlTSIIP 1,1 & r, ,t_I)(':",\IN ,Addir,M,
"D\\'ft Of 􀁋􀁲􀁬􀁬􀁾 PICO
OCT. -10' 03(PRI) 14:03 TEL:972 422 9322 P. 014 No. CC-OJ-01967-B TOWN OF ADDISON, TEXAS § IN THE COUNTY COURT §§§ Vii. § AT LAW, NUMBER 2 § ABSOLUTE SYSTEMS, LTD.• 276 TRUST § AND MERRILL
LYNCH BUSINESS § FINANCIAL SERVICES, INC. § DALLAS COUNTY. TEXAS AFFIDAVIT OF MICHAEL MURPHY SlATE OF TEXAS §§ COUNTY OF COLLIN § BEFORE ME, the undersigned authority on this day, appeared
MICHAEL MURPHY, who is personally known to me, and first being duly sworn according to law, deposed and said; My name is MICHAEL MURPHY. I am. over twenty-one (21) years ofage, and I
am fully competent to make this Affidavit. I have personal knowledge of each ofthe facts stated herein and each fact is within my personal knowledge and is true and correct. I am the
Public Works Director for the Town of Addison, Texas, Plaintiff in the above cause of action. In connection with my duties and responsibilities, I am responsible for the oversight ofthe
Public Works Project known as the Arapaho Road Extension. The purpose of that Project is to ooend Arapaho Road west ofMidway Road in Addison. Texas to alleviate the traffic congestion
experienced on Belt Line Road in A.ddison. In connection with that Project, the City determined that it was necessary to construct a portion of Arapaho Road across the rear
OCT.-IO'03lFRI) 14:03 TEL:972 422 9322 P. 015 ofthe property located at 4139 Centurion Way, Addison, Texas (the subject property ofthis action). The extension of Arapaho Road over the
subject property involves the construction of an overhead bridge which will cross the property. The acquishion of an easement over that property was authorized by resolution ofthe city
council of the Town of Addison, Texas, a true and correct copy ofwhicb is attached as E,mibit "A" and incorporated by referenced herein as if set forth at length. The area. oftbe easement
being acquired for the overhead bridge had, on the date of taking, approximately 36 parking spaces available for use by the owner of the subject property. The parking area was constructed
upon existing easements, including a 30-foot Dallas water utility easement and a 50..foot drainage easement. In connection with the taking ofthis easement for the construction ofthe
bridge, the Town ofAddison has agreed to reconstruct the parking spaces to provide the same number of spaces that existed on the date of taking. The property owner will continue to own
the property in fee simple, save and except the easements which encumber that portion ofthe property. In early 2002, the Town of Addison began negotiating with Mr. Gary Crouch of 276
Tmst, for the acquisition ofthe area :required for the project. In connection with those negotiations, the Town of Addison obtained an appraisal by Evaluation Associates, Inc. At the
time the first appraisal was perfoIlDed, the appraiser was under the mistaken belief that the 36 parking spaces would be lost due to the taking and this loss would impact the highest
and best use ofthe property because it would no longer comply with the zoning requirements of the Town of Addison for its current use. Evaluation Associates appraised the property taken
and the damage to the property at $225,000.00. The above value was comprised of $62,381.00 for the property to be taken and $162,619.00 attributed to damages to the remainder due to
the above
OCT. -10' 03(FRI) 14:03 TEL:972 422 9322 P. 016 use. At that time, an offer was made to Mr. Crouch of$62,381.00 reflecting the value ofthe part actuaJly taken by the Town of Addison.
That offer was likewise rejected. On May 5, 2002, a counteroffer made by Mr. Crouch, through his attorney, of $400,000.00 for the acquisition oftbe easement. Atrue and correct copy ofthe
letter transmitting that offer is attached hereto to as Exhibit "0" and incorporated by reference herein. In an effort to resolve this miltter and avoid the necessity for condemnation,
the Town of Addison made a final offer of$112,:181.00, which consisted ofthe $62,381.00 for the pan taken and an additional $50,000,00 being offered in an effort to settle the valuation
issues. Atrue and correct copy ofthat offer is attached hereto as Exhibit "H' and incorporated by reference herein as if set forth at length. That offer was not accepted by Mr. Crouch.
On September 17, 2002, the Town once again offered $112,381.00 for the easement, as shown in Exhibit 'T' attached hereto. Once again, the offer was rejected. At no time has Mr. Crouch
offered to sell the easement to the Town of Addison for any less than $400,000.00. It became apparent that continued negotiations would be futile and that it would be necessary for the
Town of Addison to proceed with condemnation. After negotiations had broken down and it was determined that the Town ofAddison would be required to proceed with conderrmation, the Town
ofAddison obtained an additional appraisal by Hipes & Associates on or about September 26,2002. Mr. Hipes' opinion ofvalue of the easement to be acquired was $52,601.00 which was substantially
less than the final offer made by the Town of Addison. The To-wn of Addison did not have the Hipes' appraisal at the time that the final offer was made to
OCT, -10' 03 (PRI) 14: 03 􀁔􀁅􀁾􀀺 972 422 9322 p, 017 Mr. Crouch. Although I believe that a copy ofthat appraisal had been provided to Mr. Crouch, I have been unable to locate any document
reflecting delivery by certified mail or hlUld delivery.
OCT. -10' 03(FRI) 14:03 TEL:972 422 9322 P. 018 Prior to filing condemnation, the Town ofAddison used its best efforts to negotiate a settlement of this matter by making the offers referenced
above. The Town of Addison does not believe that Mr. Crouch's final offer of$440,000.00 represents the value ofthe part being acquired nor for the alleged damages which Mr. Crouch believes
that he has sustained. Therefore, although the Town of Addison is not willing to pay $400,000.00, I believe that we have negotiated in good faith based upon the appraised values ofthe
property. Further Affiant sayeth not. SWORN TO AND SUBSCRlBED BEFORE ME by the said MICHAEL MURPHY, on this 􀁾day ofOctober, 2003, to certify which. witness my hand and seal of office.
Notary Public in and for the State of Texas
OCT, -10' 03(FRI) [4:04 TEL:972 422 9322 p, 019 TOWN OF ADDISON. TEXAS RESOLUTtON NO. R02.()78 A RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF ADDISON, TEXAS DETERMINING THE NECESSITY
OF ACQUIRING 􀁔􀁈􀁾 HEREINAFTER DESCRIBED ReAL PFiOPERTV OWNED BY ABSOLUTE SYSTEMS, LTO., ET AL, AND AUTHORIZING ITS CONDEMNATION ANDIOR APPROPRIAll0N FOR PU,BlIC USE IN CONNECTION WITH
THE REAUGNMENT, AND EXTENSION OF ARAPAHO ROAD IN ADDISON, TEXAS. B'E IT RESOLVED BY THE errv COUNCIL OF THE TOWN OF ADDISON, TEXAS: SECTION 1. That for the purposes of this Resolution,
the following definitions of terms shall apply: . "PAOPERTYII : The areas described In ExhibIt "AM attached hereto and made a pan hereof tor all 􀁐􀁕􀁲􀁰􀁏􀁓􀁂􀀹􀁾 "FJROPERTY INTEREST":
Fee simpls title to tn,a land descrl!;)ed In Exhibit ·A" attached hereto and Incorporated herein. "PROJECT": Realignment and Elxtenslon of Arapaho Road, AddIson, Texas. ·OFFER 􀁁􀁍􀁏􀁕􀁎􀁔􀁾􀀺􀁓􀁬􀁲�
�􀁹Two ThClU$and Three Hundred and Eighty One and Nc/100 Dollars ($62,381.00). "OWNERS": Absolute,Systems, Ltd. JU\/at, Ine'l general partner of Absolute Systems, Ltd. Joyce Harris,
individually.and as officer of Juvat, Inc. Gene Harris, individually and'as officer of Juvat, Inc. 276Tru9t Gary "8. Crouch, Trustee 1'L1ENHOLOI:R": Marrill Lynch BU9ines9 Financial
Services, Inc. David L. Fair, Trustee SECTION 2. That It is hereby determined that public convenience and necessity reqUires that the Town of Addison should acquIre the PROPERTY INTEREST
in, over, and across the PROPERTY necessary for the PROJECT. SECTION 3. Thatlhe PROPERTY Is hereby determined to be necessary for the PROJECT, That for the purpose of acquiring the PROPERTY
INTEREST in, OFFICE OFiHE CITY SECRETARY EXHIBIT J AFl02-<l7B
OCT. -10' 03[PRll 14:04 􀁔􀁅􀁾􀀺􀀹􀀷􀀲 422 9322 p, 020 over, and across the PROPERTY, the City Manager, or such employee as he ,may desIgnata, Is n$reby authorized and directed to offer
the OFFE:R AMOUNT as payment for the PROFERTY to be acquired and full damagea allowable by law, which amount represents Its fair cash market value. SECTION 4. That the Town of Addison
de1ermines to appropriate the PROpeRTY INTEREST In, over, and across the PROPERTY tor the PROJECT under the laws' of the State of Texas and tha provisions of the Charter of the Town
of Addison. SECTION 6. That, in 􀁴􀁨􀁾 avent the OWNERS accept the OFFER AMOUNT as authorIzed herein, the City Finance Director be and Is hereby authorized to draw a. check in favor
of the OWNERS named above, or the current owners of reoord; In the OFFER AMOUNT. seCTION 6. That the CIt>' is to have possession of the PROPERTY on closlngi and the City will pay any
title expanses and closing costs; and the City will pay court costs as may be assessed by the Special 'CommissIoners or the court, SECT10N 7. Should the employee designated to make the
otflclal offer report to the City Attomey that the OWNERS have refUEled to accept the OFFER AMOUNT as compensation for the hereInabove deserlbed taking from the OWNERS under \he laws
of eminent domaIn, which amount the City Council deems to be thE! fair cash market value and all Just eompensatiol'\, In compliance with the laws of the State of Texas, this will be
evidence that the Town of Addison cannot agree with the OWNERS as to the damages legally allowable by law. In such case, the City Attorney is authorized and directed to fila the necessary
suit and take the necessary action for the prompt acquisition of 'the PROPERTY In condemnation or in any manner provided by law. SECTION 8. That in the eVent the Spacial Commissioners
In Cqndemnatlon appointed by the court return an award that Is the same amount or loss that the OFFER AMOUNT, ttla CIty Finance Director Is hereby authorized to, lesue a cheek not to
exceed the amount of the CommissIoners' award made payable lo the County Clerk at Dallas County to be deposIted into the registry of the oourt to enable the City to taka possession of
the PROPERTY without further action of the City Council. 􀁓􀁾􀁃􀁔􀁉􀁏􀁎 9. That In the event It Ie subseqLJElntly determined that additional persons other lhan those named herein have
an In1eresl in the PROPERTY, then the City Attorney is authorized and directed to join said parties 8S defendants In said condemnation s1,Jit, ' SECTION 10. That this resolution shall·take
effect immediately from and after its passage, as In the Cha.rter In such cases Is mads and proVided. OFFICE OF THE crry SECRETARY F!02·078
OCT. -10' 03(PRI) 14:04 TEL:972 422 9322 P. 021 " I DULY PAsseD BY THE CITY COUNOIL OF THE TOWN OF ADDISON, TEXAS. this the 27th day of August 2002.􀁾􀀭􀀭􀀭􀀭􀀭 Mayor ... ATIEST:_C􀁎􀁜􀁏􀁏􀀺􀀮􀀮􀀮􀀮�
�􀀮􀀮􀁊􀁪􀀻􀀻􀀻􀀮􀁄􀀭􀀧􀁬􀁾 City Secretary If 􀁾􀁔􀀻􀁾 Kan C. Dippalt City Attomey OFFICE: OF THt:; CITY SECReTARY R02.078
OCT. -10' 03(PRI) 14:04 TEL:972 422 9322 p, 022 , , "Parc21 B, 􀁆􀁩􀁂􀁩􀁤􀀬􀁾􀁯􀁴􀁥 􀁏􀁥􀁳􀁣􀀥􀁩􀁰􀁾􀁩􀁯􀁮 A:apsh6 Road .Project ..􀁔􀁯􀀬􀁾􀁮 􀀧􀁯􀁾 Addison 􀀬􀁣􀁡􀁾􀁬􀁡􀁳􀀧 􀁾􀁯􀀬􀁵􀁾􀁾􀁹I
Texas '. • • •• '. • • I ..... 1II .. EEING 2. 􀀮􀁤􀁵􀁣􀀺􀀺􀀭􀁩􀁾􀁾􀁩􀁯􀁮􀀭 o'f' a .0',67'09' sere· '(:2 sf, 223 l!Iquare foot) 􀁴􀀽􀀭􀁡􀀮􀁣􀁾 of land 􀁳􀁩􀁴􀁾􀁡􀁴􀁥􀁣 in the 􀁷􀀮􀂷􀁾􀀮
'flit:,,: Survey, Abstract. N\.lnIl::ler 1609, and -:he Oavld Myers SUl:'vey, 1..bstract Number 92:3',' Town .-of .Addison,' Callas "county f Tex'i'!.s, 􀁉􀁬􀁾􀁑 bein;, a portion of
a 􀁣􀁡􀁬􀁾􀁅􀀡􀁤􀀮 2",5212 'a'ere traet of 'land '·:corwe'yeq' t.o J. ,H. ,Cro\Jch" Jr. and Jo Doris Crouch on August, 4,·',1'997, and reco:;ded in Vclt"une 97153; 'Page 03266 of the.
􀁄􀁥􀁾􀁤 􀁒􀁾􀁢􀁯􀁩􀁤􀁳􀀧 6: 􀁄􀁡􀁬􀁬􀁡􀁾􀀧 cc'unty, Texas,' sai,a called 2.5212 ac:r:e' t::act bfdn9 all of "Lc:t 6, "Surveyor Ada1ti.oT\', Addison We'st IndtHitrial F'arJcN" an addition
to the Town of Addis'on, ,a.s, evidenoed' .by: .-the plat dated March 2.9, 1979, an,d recorded in VolWt"lE!l' 79130, 􀀬􀁾􀁡􀁧􀁥􀀧 2495 of Ba:ld Dee.:l Rcc::ords" 5ai.d 0.6709 a'ere tract
cif 􀀧􀁬􀁾􀀧􀁾􀁤􀀮􀀧 􀀧􀁾􀁨􀁥􀁩􀁮􀁧 ino.e particularly described 􀁾􀁹 met'es and bounds' a's follow,s':, '-.' ',. ". . . • • I' '\. BECiDffimG at a 1/2 inch 􀁩􀁾􀁯􀁮 ,tod found .in'
the 􀁾􀁲􀀬􀁯􀁰􀁯􀁳􀁥􀁤􀀧 North right' of way 1 ine 'of 'Ara.p°a.no 1<.Dad and the South right of' way line, of 'a 100 fOQt' wide . 􀀧􀁲􀀺􀁡􀁩􀁬􀁉􀀺􀁯􀁾􀁤􀀮􀀮 right., of ,w?lY as. 􀀬􀁾􀁯􀁮􀁶􀁥􀁹􀁥􀁤
,to Dal:la5 . 'Are'a Rapid" :,·T::';.'ns·:!.t., rrop'erty' 􀀢􀀬􀁁􀁣􀁱􀁵􀁩􀁾􀀱􀀧􀁴􀀱􀁯􀁮􀀢 cor'porat'ion', (he.rein r.ef'e:rred to as 􀁄􀁾􀁒􀀧􀁬􀀧􀀩 'on pecel'nber' 27', . '19.90 and'
􀀬􀁲􀁾􀀧􀁣􀁯􀁩􀁤􀁥􀁤 ' .in 􀁶􀁯􀁬􀀮􀁵􀁲􀁮􀁾􀀧 91008, ,:'age 139.0 .of' said' Deed Records, .sa,...id' poi,nt' being the common Northeast.";. corners of said callec Q.. 5212 􀁾􀁣􀀺􀀺􀁲􀁥
tr2!ct and "Lc"::. 6," Surveyor Acldi􀁾􀁩􀁯􀁮􀀬 􀁾􀁤􀁤􀁩􀀹􀀰􀁮 􀀬􀁾􀀧􀁥􀁳􀁴 lndustrial Park", and Northwe'st 􀁣􀁯􀁲􀁮􀁥􀁾 of e called.:3. 4 654 􀁡􀁯􀁾􀁥 tract of land, 􀀲􀀵􀁾 bterest
con.veyed,:; by 􀁾􀁰􀁩􀀮􀁮􀁡 􀁐􀁲􀁯􀁰􀁥􀀮􀀡􀁾􀁩􀁥􀀮􀁳 Limited to 15,101 Hidway Road' Partners, LTD. 'on 'DEicetnPer 25, 1998 and xec:orded :I,n Vol.um2 98250,: Page' 02787 .,','of .said
Deed Rol!!cords, 7S\ 􀁩􀀮􀁔􀁜􀁴􀁥􀁬􀀺􀀧􀁥􀀤􀁾 conveyed by Lehndorf:f' , BabSOn property Fund' tc 15101 Midway 􀁾􀁯􀁡􀁤 'Partners, LTD. 0:1 De!ceInber 25, 􀀱􀀹􀁾􀀸 and recorded in Vo).urne
98250, Page 02796 of sai.c::l Deed Recorci..." aair;.i 􀁣􀁡􀁬􀁬􀁥􀁾 3 • .g6S4 acre , tr,a,ct, }:,e,ing ell af, 􀁴􀀮􀁨􀁾􀁲􀀢􀀬 s!J.:rveyor 􀁁􀁣􀁩􀁤􀁩􀁾􀁩􀀮􀁯􀁮􀀬 Addi.aon West Il;ld...,:strial'·
􀀮􀁐􀁡􀁲􀁫􀁾􀀧 , an" 'addition" . to ' 'the' . Town" of 􀀧􀂷􀂷􀁁􀁤􀁤􀁩􀁳􀁯􀀧􀁾􀁾􀂷 . ;as --. evidel'lced' by the 􀁰􀁾􀁡􀀭􀁴 􀁤􀁡􀁴􀀧􀁾􀁤 'Oc't;oper 24, 'l976 '2!:ld :recorded 􀁾􀀬􀁾
,'VOlume 7 £1029, Page 0984 o,L s'!lid Deed Records'; " ....__._ .o,:!L_'_._. ..:.....-..-__....•.__ .. _._.. _ ,,,. THENCE, SOUTH OOG07'2jn W,E.ST (called South Opo08'05" West), departing
said lines 􀁾􀁾􀁤 ;along 'the l:Ommon East line' of said . called 2.5212 'acre tract ,and West line of $aid ca'lled 3.4654 􀁾􀁣􀁲􀁥 tract, a 􀁾􀁩􀁳􀁴􀁡􀁲􀁩􀁣􀁾 of 􀀱􀀸􀀬􀁧􀁾􀀮 􀁦􀁥􀁥􀁾
tci aSIS inch;iron rod 􀁾􀁥􀁴 in. the proposed' South right :of way line of 􀁁􀁚􀀧􀁾􀁰􀁡􀁨􀁯 Road: . " .. '/:',Pllljl8 1. of .3 :-::0, . 􀀧􀁉􀁾􀀧 ...
OCT,-!O'03(PRI) 14:04 􀁾􀁁􀁡􀁃􀁅􀁌 a -􀁾􀁁􀁈􀁏 ROAD PROJECr .. ' TEL:972 422 9322 p, 023 TliENCE:.•.. 􀁾􀁏􀁒􀀭􀁲􀁈 􀀬􀁥􀀹􀁾􀁓􀁓􀀭􀀴􀀹􀀧􀀻􀀧 WE.ST; departinq uid cOJnll1on J.ine and along
the proposed Sout..h right 'of way line ot 'AraPiihc' Roae:!, e distance of 370'.10 􀁦􀁥􀁾􀀬􀁴 to an' .. X" 1n 􀁣􀁯􀁮􀁣􀁾􀁃􀀳􀁴􀁯􀀧 Get' in the c;olft:ll.on· treat.-Hne' 􀁯􀁦􀀸􀁡􀁩􀁤􀀧􀁥􀁴􀁡􀁩􀁬􀀧􀁾�
� 2',5212 􀁾􀁣􀁲􀁥􀀮􀁴􀁲􀁡􀁣􀁴 cmd Ea.st: linti.of a' ;, callG'd 1.776·,elcte'·t;'llc::t of 􀀢􀁬􀁡􀁾􀁤􀀢􀁣􀁏􀀥􀁬􀁶􀁥􀁹􀁾􀁤 'to 'Michael· B", Sr::hiff on . '),.\Joust 31, 1982 arid recol:ded.,
in 􀀬􀁖􀁡􀁬􀁾􀁭􀀮 'B2172, P6ge 28 aB cf 􀁳􀁾􀁩􀁤 OeSd 􀁒􀀮􀁥􀁯􀁾􀁤􀀤􀁴 said called 1.77G 􀁡􀁣􀁾􀀮􀀧 􀁴􀁾􀀮􀁣􀁴 or 􀁬􀁡􀁾􀁾 being all of ,Interven 􀀧􀁲􀀮􀁯􀀢􀁭􀁰􀁡􀁮􀀮􀁩􀁥􀁇􀀧􀁁􀁤􀁤􀀱􀀧􀁴􀀱􀁯􀁮􀁾
an 􀁾􀁤􀁤􀀮􀀱􀀮􀁴􀀱􀁑􀁮􀀮􀂷 t= the ToWn of ' Addi:r.on, as evidan<;:ed by the' .pbt dated OCtober '29, 1982' Bnd 'rQcprded 'in Volume 83011, Paqa'2269 of 􀀤􀁾􀁩􀁤 Deed 􀁾􀁃􀁏􀀺􀁤􀁳􀁬
. . .. . . THENCE, 􀁰􀁦􀁾􀁒􀁔􀁈 '00·05"03-fAST (cal.led North '00·08'05-'i:a!!lt)', depaiting " ed,d ,U:n'o .:nd along the. common West" Una 􀁯􀁾􀂷 .I!IIaid callea ·2.5212 ecre 􀁴􀁾􀁡􀁣􀁴􀂷
and East line' or 􀀦􀀮􀀱􀁾 called 1.776 aera tract, e.. dbeanee 􀁯􀁾 7(! ,·9!· het t/)" a S/8 inc:h iron rod. set in the pioposeo ,North' 􀁾􀀱􀀹􀁨􀁴 􀁯􀁾 .Jay line cf' -Arapaho Road
ROad .nd "South., ,dqht· -of 􀀮􀀬􀁷􀁡􀁾􀁩 l1D&, af -aa,ld tiM!' .rail'road ,for, the 􀁾􀁮 . Northwast '¢Qrner of' s.aid .c411ed 2.521:2' 􀁩􀁉􀁉􀀮􀁾􀀻􀁚􀀻􀁾􀀧 trar:;:t I!.nd NQrthlUI:st
". , !::cmer of said called 􀀧􀁾􀀮 7"76 acn t:ilct, frClll .aaici point il fOW'ld , l/2 lneJ:1, iron !:od,' 􀁢􀁥􀀮􀁡􀁊􀀺􀀧􀁾 'N"rth OO·M' 18n 'tast, a dhtanc8 of. 0.24, ,feett ' . .
􀁔􀁈􀁾􀁾􀁅􀁾 􀁾􀁳􀁯􀁢􀀭􀁲􀁈 􀀧􀁥􀁾􀀬􀁾􀀡􀁂􀁩 4gn' 􀁾􀁳􀁾􀀭􀁟􀀺 '(Calle;I1' 􀁾􀁔􀂷􀁬􀀻􀀮 ':depilrung"· 􀁾􀀸􀀧􀁩􀁤 ,-. COlllmOn line'" 􀁾􀀢􀁮􀁣􀁴􀀬 􀁾􀁬􀁯􀀬􀁮􀁱 t,her ,C01mllcn 'North
line Cif 􀁉􀁬􀁡􀁾􀁣􀁩 􀀬􀁣􀁾􀁬􀁬􀁥􀁤 2.5212 a.cre, tract, .􀁰􀁲􀁑􀁐􀀨􀀺􀁉􀀮􀁳􀁾􀁲􀁊􀀮 Narth right ot WilY' line of Arapaho 􀁒􀁯􀁾􀁤􀁬 -and S"uth l:"i<jJht ot 􀁾􀀴􀁙 line of odd DART
railroad, a " 􀁤􀀺􀁩􀁾􀀮􀁩􀁩􀁬􀁮􀁣􀁣 i;lf 370,lS fleet (called 370.00 feet> ·to the POnn: 01' JlKc:nn.IIlfGJ· . 􀁃􀁏􀁎􀁾􀁁􀁉􀁎􀀡􀁎􀁇 an area of O.bf09 acreo or 2g,223 􀀸􀁱􀁵􀁾􀁲􀁥 feet
􀁾􀀡 land w1thin 􀁾􀁨􀁥 metes 􀁲􀁾􀁣􀁬􀁴􀁥􀁤􀀮 ,'. . " '. .. .. 􀁾 ---'----_ -.. ", "',..,.."...,,.. ,.... ...... 􀁉􀁾 "" ....... .1 􀁉􀀢􀀧􀁴􀁬􀁯􀁾 ... _ .. 􀁾 • .. I •.• , ... " . ,
'
OCT. -10' 03(PRlj 14:04 TEL:972 422 9322 p, 024 PARCEL 8 -􀁾􀁒􀁁􀁐􀁁􀁈􀁏 ROAD PROJECT '.: 􀀮􀁾􀀮􀀬 PIll bearings '.are refe::enceCl' to the North Right of Way line of Cen"Curion Way,
called S 􀁥􀀹􀂷􀀵􀁾􀁲􀁳􀁳􀀢 E, according to 't.he 􀁦􀁩􀀮􀁮􀁾􀁬 plat' o! Lot 3, 􀁳􀁵􀁲􀁾􀁾􀁹􀁯􀁾 Additicn.:r 􀀬􀁾􀁥􀁥􀁯􀁲􀁤􀁥􀁤 in Vol. ,77173, 􀁰􀁡􀁾􀁾 135, Deed Records of-􀁄􀁡􀀭􀁬􀁬􀁡􀁾􀂷
􀁾􀁣􀀺􀁩􀁵􀁮􀁴􀁹􀀬 􀀧􀁬􀀧􀁾􀁸􀁡􀁳􀀮􀂷􀀧􀂷 . 􀁾 . I '. • . , F_ plat of even 􀀧􀁾􀀹􀁵􀁲􀁶􀁥􀁹 date herewith ac:eompanieS,. this de.!lcr1ption. . 􀁾.. ........" 􀁾􀁾􀀻􀁾 1i'-/e2.-<f? AyuR;
Sandhu J R. l? L. S. . 􀁔􀁥􀁾􀁡􀁳 Regiatraticn 􀁎􀁯􀀮􀁾􀀮􀀲􀀹􀀱􀀰 1( 􀁁􀁹􀁾􀁢􀀮 􀁾􀀮􀀧 SC5ndhu,1 ··..a· E\egisterec 􀁐􀁲􀁯􀁦􀁥􀀡􀁾􀁩􀁯􀁮􀁡􀁬 ,Land Surveyor, hereby . certify . that -the
'legal ce$cription ,.he::eon 􀁾􀁮􀁤 the acc::ompan¥t!'l9 .plat x-eprelSEmt' an actual survey Itlade on' the' 􀀺􀀺􀁧􀁲􀁯􀁵􀁾􀁤 under my 􀁾􀁜􀁊􀁰􀁥􀁲􀁶􀁩􀀵􀁩􀁯􀁮􀁾􀀧􀀮 . '.. " 􀀮􀁾􀀮 .
'. :E'i198 3 of .a 􀀭􀀢􀁾􀀮􀀬 _nl:C;;lr'f; r\c";:uc 􀀢􀀢􀁉􀁾 C'o:;;,..,., ............ 􀁾􀀬 '.
.....OCT, -10' 03(PRI) 14:04 TEL:972 422 9322 p, 025 􀁾 " I N OFFICE OF THE CITY MANAGER 􀁟􀀱􀁬􀁏􀁉􀁩􀁩􀁬􀁬􀁾 ""."_* 􀁐􀁾􀁬 Offil:l 􀁂􀁾 9010 A.d<ilIOIl. T... 7Soolo90l0 Ma.n:h 4.1001
Mr. Gary B. CrDucb ADRl'artnel'11 4444 􀁗􀁾􀁴􀁧􀁔􀁏􀁜􀁬􀁃 Drive, Suite 210 Addison. Texu 75001-3208 􀀨􀁾􀀩􀀴􀁓􀁉􀁽􀀮􀀧􀁑􀁉􀀰􀀰􀂷 rAX.(9'12)4SD.7D43 S31lQ Bell LI". RQ.d Re; 276 Tnllt
Lot 6, SUn'eyor Addition to the Town of Addi3UD Recorded in Vol. 7913D, Pt. 2495 iD the Deed Recordll of Dallas Ccuuty Dear Mr. Crouch: In February 2080, the Town or Addisoll eJected
to .ell bond. hi order to fund 'ix con5tructioD projtlcts. Included ill these 􀁰􀁲􀁯􀁪􀁾􀁾 I, the ex;ea,jOl1 of ArQpllho toad, from 􀁁􀁤􀁤􀁩􀁾􀁯􀁮 Road 10 Mllnh LaDe. At Cbi3 time we
Ilr\\ in the rlgbt..ot-wIIY acquisition phase of lhe proJer:t. The Town of Addison bas detennined the public aced to acquire a 0.6709 acre pOrtiOD of lhe ;1.521 acre tract Dr land that
b owned by you at 4139 Centurlml Way. The public purpolle for this laDd acquisitioD is tbe neussary rl\!:rl\!:bt-ot-way ror tbe Arapabo R.aa"d project aloDg wltb rellltt:d Qlunicipal
uses hu:lucliDg a pubUc hike Ilod bike trail. The firm of Evaluation Ms()Ciate:s appraised tile property on Jlnury 23, :ZOOZ. Tbe at111c:hed summary sheet 5how, a suromlu'Y of 􀁦􀁾􀁴􀁳
and 􀁣􀁯􀁮􀁾􀁨􀁬􀁓􀁬􀁯􀁬􀁕 regardhlg thill 􀁴􀁡􀁊􀁤􀁄􀁾􀀬 On Febraary 26, 2002, tbe City COl/ndl of the 1'01"11 of Alfdbon authorized me to make an ofter to pu rc:hase the 0.6709 acre
tnl<:t of land e.t the appraised value ot $215.000.00. The Town of Addl50n 􀁲􀁾􀁬􀁬􀁥􀁳􀁴􀀡􀁬 thlllt you respond to tbis offer of purchilse within thirry (30) dllYs or the date of this
letter. Ifwe do not bear frDm you witlliQ tb41 thirty (30) day period, the TQwn will consider its titTer 􀁲􀁥􀁪􀁾􀁴􀁥􀁣􀁬 and we ",m Initiatl: eminent dom-.in 􀁰􀁲􀁯􀁥􀁾􀁤􀁬􀁮􀁧􀁳 ttl
acquire tbe property. Should you hllve any quutlons, plcue feel free to contacf rdr. Mike Murphy, P.E•• 􀁄􀁪􀁲􀁥􀁾􀁴􀁯􀁲 ofPublie WorksJ lit 972.450-2871, Or IDe. Siaeerely, Ron Whitehead
City 􀁍􀁡􀀮􀁮􀁡􀁾􀁥􀁥􀁲 EXHIBIT l 13
OCT. -10' 03(PRI) 14:04 , . TEL:972 422 9322 􀁅􀁾􀀬􀀮􀀬􀁁􀁌􀁕􀁁􀁔􀁉􀁏􀁎 ASSOCIA.,3S 1\10,", OJ' WAV LANluumm: ANALYm • APPIADAl..• AcQt1IImoN' SOWflONS StJMMA.'RY OFSALIENT 􀁰􀁾 AND
CONCLUSIONS A&\PAEO ROAD PROJECT P. 026',: Ve1UBUOD ConclusloD: WhoJo 􀁾􀁯􀁰􀁣􀁲􀁴􀁹 Proposed AequisitiOD Remainder Before Ar.quisitiOD . Remainder After AccjuiIWon Loss in Value 􀁯􀁦􀁒􀀮􀁥􀁭􀁡􀁩􀁮􀁤
􀁾􀁲 Mer. Determination ofCompensa1ion: Pc:rmanem JUSht ofWay Comp=UaUDD fgr 􀁨􀁄􀁰􀁾􀁥􀁡􀁴􀀺􀀮􀁳 (paWls) Landscaping' '(None· ReplaCeIuent:) Loss in Valuft ofRemaindcr Aftet $1.900,000
S ' 62,381 $1,837,619 $1,675,000 $ 􀁊􀀶􀁾􀀶􀀱􀀹 S 40,llU $. ,22,2.00 $ -0.' S 􀀱􀁾􀀲􀀮􀀬􀀶􀀱􀀹 Total. 􀁃􀁑􀁭􀁾􀁾􀁩􀁉􀁉􀁡􀀮􀁴􀁬􀁯􀁮􀀮 " Date ofAppnlisa1: JanuBry 23, '2002 􀁌􀁯􀁾􀁴􀁩􀁏􀁄􀀻
LegaJ Dcacrlption: Land Size: Zoning: Higbest aDd Best Use: As ifVacaIlt BEFOlm: As itVlcaIlt AFI'ER: 413g CenturlOD Wrry, TOWD ofAddUou, TcroIS Lot 6. Surveyor 􀁁􀁤􀁤􀁬􀁬􀁩􀁾 Town of
Addison, Dallas Ctnmty, Texl!' , Whole Propert)-(perDeAD tealrds)' 2.521 Acre!i Right ofwsr 􀁾􀀬 0.6709 Acres COmmercial UIlC . eo.mmer=ialuse " I 11615 Forest ctntml Drive ' Suite 􀀲􀀰􀁾
• J)aJW, Teul 1524s-3917 • 􀀨􀀲􀀱􀀴􀀩􀀮􀁓􀁾􀀳􀀮􀀱􀀴􀀱􀀮 ;, , r : .. ,
OCT. -10' 03(FRI) 14:04 March 12,2002 Mr. Ron Wbit=bead City Manager Town of Addison 5300 Belt Line Road Addison, TI{ 75001 TEL:972 422 9322 D:ImPartners YrD FQ(:!i,"Ue 912-4So-Z0Q &
Ce7'tifiM. Mail Return Receipt Requ8tl.d l1£'" 􀁎􀁵􀁭􀁢􀁾􀀱􀀧 700pJ610 0008 17950483 P. 027 Re: 41 39 Centurion Way -Addison, TexiS Dear Mr. Whitehead. I am in receipt of the notice
letter to 276 'frust dated March 4, 2002 that makes an offer to 􀁾􀀧􀁬􀁵􀁩􀁲􀁥 a portion of the refertnced property. I 11m CUIIW.tly working with scverul tenants to Lease the referenced
facility. The arca that 􀁴􀁨􀁾 Town of Addison needs to acquire has thirty-six parking 􀁓􀁾􀁉􀁬􀁃􀀺􀁣􀁳 that are necessary for the buildiag. The. Town' ()f Addi&on has been vague on
what will happen. to thege thirty-six parking spaces. In order to respond to 􀁴􀁨􀁣􀁾􀁣 potential tenants for tbepfol'crty and. not lose the opportUnity to lease the property, I need
the Town of Addison to immediately address the following 􀁩􀁳􀁳􀁵􀁾􀁳􀀺 1, Does the property lose the thirty-six parkins spac=s? 2. If the parking lot will be ll'Vailablc then: 8.. How
many sJ>&"es will be B.vWJable? b. How 'l\ill the parking be accessible and will there be a height restriclioo that will affect SUYs or trucb? c. \Vhat wiJJ be the COnstrut:tlOD of the
parkinS lot (i.e. asphalt, concrete: or dirt)? d. WllJ the Town of Addison maintain the parking lot? e. Will the parking Jot be 􀁬􀁩􀁧􀁨􀁾􀁤􀀿 f. What arc the 􀁲􀁥􀁾􀁲􀁩􀁣􀀺􀁴􀁩􀁯􀁮􀁳
'OD usiIlg the parking Jot? g. Will the parking lot be designated for 4139 Centurion Way use only? h. What insurance will be requited for usc of pa:rking lot? i. What will be the lenn
of usc of the parking lot and how 'Win it be documented? j. Will the use of the parking lot be grmted to the property or only the current oWIlership? .k. List all feell, costs and expenses
that the Town of Addison would require for use ofthe parking lot. . l. When will cons1:\lJction stert lll1d bow long will it 11lSt? m. Where can the tenants park when rhey lose the thirty-six
parking spaces during CODgtruction'1 . , oJ 􀀴􀀴􀀴􀁾 Wr.atj;TO'Y" SuItt ZlC • AcldLiQn. TX 7500] PbODe (!l72) 􀀱􀀸􀀨􀀩􀀧􀀶􀀷􀁓􀁾 • Flu. (97:llBI·1688 EXHIBIT I C,
OCT. -10' 03[PRI) 14:05 Mr. RM WhltiUteBd Mvcl't J2,2002 Pe81: 2 cf;! TEL:972 422 9322 P. 028 As previousl)' outlined, theso quest:iofuli are immediately criiiC4l and impact the ability
to lc.ase the property. I nood an immediate respotJ5e so that I can ad.dn;ss these 􀁩􀁳􀁳􀁵􀁾 with potential renant3. c.c. Mr. Mike Murphy
\\aNSTEAD 􀀬􀀺􀁾􀀺􀁲􀀺􀀻􀀢􀀺􀀺 .. ,110:' , ", ';\: . OCT. -10' 03(PR1) r' 14:05 TEL:972 422 9322 p, 029 ..􀁾 . •􀂷􀁾􀀮􀀺􀀮􀁉􀀺􀀮􀀮􀀺􀂷􀀧 􀁾 Marth 2fi. 2002 􀀧􀀭􀁾􀂷􀀧􀀺􀂷􀂷􀀴􀂷 I':·
􀁬􀁉􀁩􀁴􀀭􀁾 WeI: 􀁾􀀱 􀀦􀀬􀀷􀁾􀀺􀁳􀀬􀀧􀀲􀀷􀁾 􀁢􀁾􀁬􀁦􀁬􀁬􀁦􀀺􀁃􀀡􀁬􀁗􀁩􀁡􀁬􀁬􀁴􀁵􀀴􀁣􀁄􀁬􀀢􀁬􀁬 VUP'ACstM1L!: Mr. 􀁋􀁾􀁣􀁴􀁢 c:. Dippel en....i·" " 􀁾􀁭􀀢􀀧􀁢􀁮 901 MaiAStn:et. Suite:
4000 􀁏􀁎􀁬􀁡􀁾 􀁔􀁾􀁾􀁡􀁳 75202 AB: 􀀬􀁾􀀢 Trwt 􀁾􀁴 fi, 􀀵􀁵􀁲􀁶􀁾􀁲 AHHic.1l 􀁾 th. TOWII rs£ 􀁁􀁤􀁟􀁾 1lel:C1tcled b, Volu=. 79130. 'lib 􀀲􀁾􀀵􀀱􀀧􀀤 Ul dte Deed Ral:8lds DrDJ1la!
County Dcar l{",,; ThQ \U>dtl"iilP'cd ",*""lteats 􀁾􀀧􀀶 􀁲􀁎􀁩􀁾 􀁴􀁢􀁾 o-f\cr afdll: above td'e:rencad prppc::rly. 1 􀁾 in ltC,cipt of the Marcl1 4, 2002 lcue::t fhlm Il.on Whltllhf:ld,
City Manasa' ",r 􀁁􀀮􀁤􀁤􀁩􀁬􀁏􀁾 OIl Cl:7J')' of 􀀬􀀮􀀬􀁬􀁩􀁩􀁾 It .It\aMlc!, J lUl'\ infcrmins )W as, "ty ittDmcy 􀁾 lilY ctivat 􀁲􀁯􀁊􀁋􀁢􀁴􀁨􀁾 􀁔􀁾􀁴􀀬 nfTet. , Tn' ah ef(an to
tlf:toli. In 􀁾􀁯􀁤 f.lith' and 'IUarlpt to' 􀁾􀁓􀁑􀁍􀀺 1hii 􀁾 anrll:#abty. 􀁭􀁾 client hu 􀁾􀁬􀀺􀁉􀁬􀁬􀁬 that II mc:etins bs aEnlnlc5 􀀧􀁢􀁾 Mr. Whitebcad. the rOWD'5 illppraistr.
􀁾􀀧􀀱􀀱 and any ether 􀁾􀁰􀁾􀁾􀁴􀁩􀁡􀁴􀁴 Tl;rWI2 􀁡􀁦􀁦􀁬􀁣􀀻􀁩􀁾􀁉􀀮􀁜 Ind Ga&,r QoUM, Ol.lt' l¢PrllilleJ'. and me. 11te purpose of the muling 􀁾􀀨􀁊􀁕􀁲􀁤 be to discUA' valuation
iCBUI:S 􀁾􀁬􀁦 wbether the 􀁉􀁬􀁾 u"der!lle 1!.1eYIted lallcli cQll be used by my diezu for'p3rlC.i;lg m,an cfMl't to 􀁾􀁉􀁜􀀧􀁣 􀁬􀁨􀁬􀁾􀁭􀀺􀁡􀁴􀁴􀁥􀁲􀀮 􀁐􀁉􀁾􀁥 􀀱􀁾 􀁬􀁮􀁾 Jcr\ow
of)"l!lur 􀁣􀁬􀁩􀁦􀁴􀁴􀀧􀁾 svaibbi1io/rQr ,ue:h a mecMll'. I Joelr. 􀁲􀁃􀁬􀁦􀁾􀁴􀁯􀁤 to hearilIl frvrn )"DU in this ngri Sincmly. 1'AA:1k17 cc: GaT)' Crcucl1 􀀬􀁾􀁡􀁡 􀁬􀁾􀁾􀁎􀀴􀁲􀁵􀀢􀁷􀁣􀀮
􀁾􀀢􀀮􀁬􀁡 I UI'1 LIoM ITJ nt'r "."" n:v•• 107ft 􀁾􀀢􀀮􀀬 "VB;' Ii ",...£ ,P.H:r" ..., 􀁜􀁃􀁯􀁾 I 􀁮􀁾 9-n ,.'", .,11\l\TI.DtOM "'Nrl-W 'St1 .."''\ ..􀁮􀀬􀀧􀁜􀁲􀁰􀀮􀁰􀀿􀁾􀁾􀀮􀁉􀀧􀁾􀀧
I ....fill••, 􀁉􀀩􀁾􀀻􀁉 ,.... •••• ". 􀁁􀀢􀁾􀀢 􀀮􀀢􀀢􀁴􀀢􀁉􀀬􀀮􀀬􀁾􀀱􀀭􀀱 􀁲􀀯􀀢􀀢􀀬􀀬􀀬􀁾 .t4lf""'. <:'&'JY • i\ 􀀧􀀧􀀧􀀮􀁾􀀧􀀧􀀧􀀧􀁬􀁯􀀧􀁬􀀯􀁃􀀧􀀧􀀧􀀧􀀧􀀧􀀻􀀧􀁍􀀯􀁉􀁲 rlr ...J/.wI,
. ...../0,••,•• Cl , 􀁦􀁾􀁉􀁉􀁬􀁕􀀧 t LnWIQU 􀁾􀀱􀁕􀀱􀁉􀀧􀀧􀀧􀀧􀀧􀀧􀁩 IIdlt',u UONJ"'W EXHIBIT 􀁉􀁾
OCT. -10' 03(PRI) 14:05 Apri I J 0,2002 Mr. Ron Whitehead City Manager Town of Addiion SjOO Belt Line Road Dallas, TX 7S240 TEL:972 422 9322 • Partners fila Facsimile 91i·l SO. 7041
& C,r;Iif£Ed Mall Return Receipt 􀁒􀁥􀁱􀁵􀁥􀁳􀁴􀁾􀁤 Ittml.!:lHmber 7@0125100004 1401 /573 p, 030 Re: 􀁌􀁾􀁴􀁬􀁥􀁲 Da.ted March 11,2(102-4139 Centurion Way -Addison, Texlls Dear Mr. Whitehead,
r senl you the attached referenced lener Iilrnost thiny 􀁤􀁄􀁙􀁾 ago and The Town of Add ison has fai led to respond as of t!lis dllte in 8 dl:finite manner to the anumptioT15 in the
appraisal by EVllluation Associates that there would be no lo!s of parking due to the condemnation. Addilionally, 1 sUbsequently asked for written 􀁣􀁯􀁮􀁦􀁩􀁭􀁬􀁬􀁾􀁴􀁬􀁯􀁮 of the polic)',
as represented in the appraisal by 􀁅􀁜􀀧􀁾 lualion AssoetlllcS, that if the property improvements wore destroyed b)' more than 50%, 􀁴􀁾􀁥 building could not be rebuilt in the same
footprint. The Town continue9 to be vague lind noncommittal 0" both of thl:se issues nnd 1 am am losing the opportunity to Icase and potentially sell the 􀁰􀁲􀁯􀁰􀁾􀁲􀁴􀁙 based on tho
lack of 􀁾􀁲􀁥􀁤􀁪􀁢􀁬c information, The Town chose to affect \he eCI;)"omic Viability of Ole 􀁰􀁲􀁯􀁾􀁲􀁴􀀩􀀧 with the: extension of Arapaho ROEld. Since the process IS represented
to be fllir and equitable it would be helpful if the Town would be concise Qi'ld 􀁾􀁯􀁮􀁳􀁩􀁳􀁴􀁬􀀺􀁮􀁴 and decide jf ll'll: reprc$cntAtions made in the: 􀁡􀁰􀁰􀁲􀁡􀁩􀁳􀁡􀁬􀁬􀁬􀀮􀁾 COl'Tccl.
It was my understanding from speaking last week with Mike Murphy rhe.r the Town planned to hEl\'e il meeting to discuss 􀁴􀁨􀁥􀁾 issues on Monday or Tuesday of this week IIJld would
contact me to set II meeting to defir.c these issues; however, uS of this date I haVe not been eontacted .. 1 reqwest the apponuni\y to ilddress thl: Cily 􀁃􀁯􀁵􀁮􀁾􀁩􀁬􀁬􀁬􀀮􀁬 the
next meeting on Aprll 23,2002. c.c:. Mr, Mike Murphy 4444 WUlilDve. 􀁓􀁵􀀬􀀬􀁾 2!0 • A"diaon. TX 􀀱􀁾􀁏􀁏􀁉 Pb"n. (9721 jBQ.6?n • " ... (972) 931·16&8 EXHIBIT , 􀁾
OCT, -10' 03(PRI) 14:05 " ". ---AD IsoN 􀁩􀁩􀀡􀀡􀀡􀀡􀁩􀀡􀀡􀁟􀀭􀀮􀁾􀀬􀀮􀀧 o.mCE OF THE CITY MANAGER . ..April 24, 2002 T£L:972 422 9322 P,031 􀁾􀁾􀁵􀀧􀀬􀁕 Mr. Gary crouch ADR Pa.rtncI"5
. 4444 WestgrOVl!: Drive, Suite 210 Addison, TexBa 75001 􀁒􀁥􀁾 Arapaho Road Improvements Dem Mr. Crouch: !14lacslmile 9'2-931-1681 & Certified Mtrll Be/urn 􀁒􀁾􀁥􀀮􀁩􀁰􀁴Requt-rted
Itun NumbGr 70000600001,,5 35,91 62SS . . We ap'prec:iated 􀁴􀁢􀁾 opportunity to meet with you tart week regarding the planned iriJprovements to Arapaha Road .liIIld the acquisition
by the Town of AddisOD. of an 􀁩􀁮􀁾􀁲􀁥􀁳􀁴 in a portion 􀀧􀀨􀁏􀁾􀁑􀀷􀀮􀀰􀀹 􀁡􀁣􀁲􀁥􀁳􀁾􀁵􀁴􀁯􀁦􀀧􀁾 ·entire truc:t, of2.521 􀁡􀁾􀁣􀁳􀀩 of 􀁴􀁨􀁃􀂷􀁰􀁲􀁯􀁰􀁾􀀧􀀱􀁯􀁣􀁡􀁴􀀮􀁥􀁤at the
rear ,of 4139 Centliri.oIlWay 􀁩􀁲􀁩􀁣􀁯􀁩􀀱􀁮􀁾􀁴􀁩􀁯􀁮􀀧 with..l:bat project. YoU' iridicat'eddunnS ounneeting that you' have several groups vw'he arc interested 'in purchasing or
leasing that property, and that you would like US to address two itetrnl regarding the Town's aeq1risition so that )'OU can proc.ccd with your . plans: (1) whether ot not the parking
which is ouaently in place at the rear of the building (approximately 36 parking 􀀵􀁰􀁡􀁾􀀩 will be available for l3Se by the OWDef upon 􀁴􀁨􀁾 comp]etionof the improvements. and (2)
wbethcr or 1:\01 tb.e building will be able to be reconstructed in the event it is damaged by more than 50% arits replac:=rncnt valuo. With respect to the parkiIlg, if the 36 parlcing
spaces in the rear of the property are removed, the property will COtIt1nue to have 􀁡􀁤􀁥􀁱􀁵􀁡􀁴􀁾 parking under-the Town's. current parking IC$UllI.ti0t19. Howenr, the Town will 􀁾􀁥
that, upon the completion of the Arnpaho ..Roa.d . im.provementsl the o\Vtler. of the propert:y v.i11 have 􀁡􀁣􀁣􀁥􀁳􀁾 to ,substitute parl4nB (coostruete4 by . thl? Town) a;t the rear
􀁯􀁦􀁾􀁥􀀮􀁰􀁲􀁾􀁰􀁥􀁲􀁴􀁹􀀬􀁷􀁨􀁥􀁲􀁥 parking-is eurrently ll.V'ailable, .,. '. . With respect to the IecoIlStrUction ofthe buildil1g, the property at 4139 Centurion Way is currelltly
zoned I-I Industrial District The I-I District regulations provide·'that the rear yard setback require!Ilcnt!l are the' 'SI!JIlC as for the LR. Local Retail District. In the LR District
there is no rear yard depth requirement unless tbe District adjoins a single·family or apartment district, iJJ which 􀁣􀁡􀁳􀁾 a 10 foot rear yard is required. 􀁔􀁨􀁾􀁦􀁯􀁲􀁥􀀬 the existing
building will not 'be: in violation of'the curreIlt reu-yard setback req'U.in:ments 􀁡􀀮􀁦􀁴􀁾 the Town's a.c:quisition of the property and constroctian of the improvt:tnents and will
be able to 􀁢􀁾 reconstructed i1\ its cmren1 locatioD. if it is damaged. EXHIBIT I E
OCT,-10'03(FRI) 14:05 Mr. GaT)' Croucli. Page 2 TEL:972 422 9322 April 2", 2002 P. 032 􀀩􀁪􀁾􀁾􀁕􀀬􀁢􀁏􀀧􀁾􀀻 􀁾 hadprevi'duslY􀀧􀁰􀁲􀁯􀁶􀁩􀁤􀁾􀀧 􀁴􀁾 􀁾􀁯􀁵􀀢 􀁾 􀀮􀂷􀁡􀁐􀁾􀁾􀀦􀁩􀁵􀀺􀁾􀁩􀁾􀀺􀁾􀁾􀂷􀁨
􀁙􀀬􀁅􀁾􀁾􀁵􀁡􀁴􀁩􀁯􀁉􀀱 ' Associates, whicb valued the portion ofthe properly being acqtU.red at $62,381.00 and cDncluded.. that the remainder cfthC property w0\11d be d..ar:oaged in
􀁾 amount ofS162,619.00 as a result of the acquisition. Based on that appraisal. tho Town had offered U> pay $2.25.000.00, which was not acc.eptc:d:. The. damage to the proporty p.fier
the I1cqwsition, however) was based upon. an 􀁵􀁮􀁤􀁥􀁲􀁳􀁴􀁡􀁮􀁤􀀮􀁾􀁧that 􀁴􀁨􀁾 b-wlding mi'ght not be able to be rcconst1"OOted if it was damol.ged by Inora than SO% of it'; replacement
value.' 􀁈􀁯􀁷􀁥􀀬􀀬􀁾􀀬 as indicated above. under C\JITeut Jeglllations the building would be able to be =col1Structed in its CUtmlt location, which eliminates the damages. Therefore,
OUI offer is to acquire the 0,6109 acre tract for its appraised wlue at $62;381.00 together with the right 10 have 􀁓􀀱􀁬􀁢􀁳􀁴􀁩􀁾􀁴􀁥pa-rldng in the 􀁾􀁡􀁲 ofth.e property as described
above, ; We hope that 'This clilrifies 1he iUI1e.<l 􀁷􀁢􀁩􀁾􀀡􀁊 we ha;ve beep discussing. Regarding the above offer, we request: that you respond to the offer 'Within thirty (30) days
of the date of this letter. Ifwe do not hear fro.m you witbiu that time period. We win consider the off!!' rejected. 􀁓􀁩􀁮􀁾􀁲􀁥􀁬􀁹􀀬 􀁾􀀮􀀧􀁾􀁊􀁗􀁾 Ron Whitehead City Manager
OCT.-!0'03[PRI114:05 MayS, 2002 TEL:972 422 9322 􀁾 011&1: 214,145.5:114 􀁢􀁬􀀽􀁬􀁾􀁜􀁾􀁉􀁬􀀢􀁄􀁉􀁦􀁴 p, 033 􀁾 FACSLMlLE 314.612.2020 􀁍􀁴􀀮􀁾 C. DLppcl' CowlCll tk nOrDpSOll 90J Ma!n
S1mIt. Smte .4000 D.Uu. Tl!JW 􀀿􀁾􀀲􀀰􀀲 Re: 2'76 Tt\l5t Lot 5, Syrva:o' Alidil:ieft tel 􀁾􀁨􀁥 􀁔􀁾 eJf􀁁􀁤􀁣􀁬􀁕􀁣􀀺􀁬􀁉􀁾 [lh"'Property',) " ' 'RllClIn1ed in Volume 79130, Pages 2495
iA '1110 􀁏􀁾􀀱􀀺􀀧􀁃􀀱 􀁒􀀮􀁣􀁣􀁯􀁲􀁾 DfDalJ.u Cglln1>, 􀁴􀀾􀁣􀁡􀁲􀁾􀀻 In accor4!aDge '/with aUf cel;pboa8 cc.nf'..et aD AJIfi12g, 2002. my clJml. Oary Qa\leh, bu aDthori.zecl I:U 10
preeent a 'aettlcm=t offer for 1M acq'.Jilbt1on cf 0.6709 acre. of 1II1Kl '10 CQlUl::I"Uct AJ'a.J'Bbo Road 􀁤􀁥􀁶􀁾 on the north lide afmy 􀁾􀀽􀀢 J'rgperty. Ar )'Oll. blow fwm tht' 􀁲􀀮􀁮􀁾􀁯􀁬􀁪􀁰􀁲
aDO uG1cr 􀁤􀁨􀁃􀁉􀁗􀁾􀁯􀁮􀀵􀁴 Mr. CJOl,lch believes that 􀁨􀁩􀁾 􀁐􀁲􀁾 W'ill bl! dwaged. 􀁾􀀡􀁴􀁡􀁄􀁴􀁩􀀮􀁕􀁹by IlW projeot. HQ'N/:'\IC' , in ord« to scnIe c1JiI mdZ:er QnJJeclJly,
my climl i' willtng'!u llaUle Ihi-􀁭􀀮􀁮􀁥􀁲􀁗􀁬􀁤􀁾􀁴􀁨􀁾(oUgwitl8 􀁴􀁾􀀺 L. Paymeat Paymeat of 5440,000 for Ole acquil{t1Qn cf cJlo ript-O('WlIY and remainder , clamago.:t;:., . 1.
AD. inlcrpl'elltlon.Btlud of 􀁁􀁤􀁊􀁾􀁣􀁬􀁬􀁴apptoval sndlcl' City Council 􀁾􀁏􀁹􀁬􀁬􀀱 of the 􀁾􀁣􀁥􀁬􀁬􀁉􀁉􀀮􀁲􀁹 􀀧􀁚􀁾􀁮􀁩􀁦􀁴􀁧 to Olln! ADy 􀁮􀁯􀁾􀁦􀁴􀁱􀁭􀁩􀁴􀁩􀁥􀁳 􀁣􀁲􀁬􀀺􀀸􀁴􀁾
by the rtghT-or-war UQwsitiDn; IlDd 3. 􀁾 􀁆􀁏􀁾 Or m CJtlIleG)=t Irt no c:051 to 2.76 Tl'Uft 􀁾􀁯 allcnt.􀁾Qf j6 pa.rSQna 1p1lCll' under tb., hlidp 􀁦􀁾to repla.ee Ih8 parlc:i=g ;p*cu
lo.t 4!lJe to tho 􀁾􀀱􀁤􀁷􀁡􀁹􀀮􀁲􀀺􀁯􀁧􀀬􀁭􀁵􀁃􀀱􀁩􀁴􀁬􀁬􀁬􀁬􀁧􀁾􀁣 􀁃􀁇􀁮􀁲􀁴􀁲􀁄􀁾 by 1hc "OW'\ at i'tS 􀁥􀀺􀁴􀁐􀁾􀁍􀀮 )41lC1 􀁾􀀮􀀮􀁵􀁊􀁬􀁎􀁬􀀧􀀮 'I'\')II1I1r. uorll.M ."1'lLUT 􀁉􀁬􀁁􀁾􀁉􀁊􀁬􀁊􀁩
􀀮 􀁔􀁉􀀺􀀻􀁉􀁉􀀻􀀢􀁾 1lnO UI 􀁾􀁕􀀬􀀬􀀮􀁴􀀮􀁈􀁏􀁬􀁬 􀀧􀁗􀁾􀀳􀀱􀁵􀁾􀁲􀀮􀁍􀁬􀁬􀀧􀁉􀁉􀁏􀁜 t...:Y. 􀀺􀁉􀁾􀀮 􀀧􀀴􀁾􀀮􀁊 􀁾􀀧􀁬􀁬 ""'..,..,.,oJf'..."",f<,J .....Wol"TJlAO.r.:OM 􀀢􀁦􀀾􀁲􀀼􀁉􀀢􀁊􀁾􀀯􀁻􀀻􀀢�
�􀁦􀀧􀀢􀀢􀀢􀀧􀀢 EXHIBIT 􀁉􀁟􀁇􀁾 A.II:•. a.II.., 􀁾􀀮􀀬􀁾 ",...t ... Iffl.lJ,.", ",.../M 􀁾􀁴􀀧􀁉􀁊􀀬 ','" 'l't.iI'''.''I. IJ"."JlI". tJ. c.
DC T. -10I 03 (PRI) 14: 05 I'-Mr. ):tmIQ c. DIppel MAy S, 2002 􀁐􀀮􀁾􀁣􀁚 TEL:972 422 9322 P. 034 . . , 􀀢􀁉􀁨􀁩􀁾 Q'fc:r i&o r;o:o11ngeat upon the ule n'r􀁾􀁥 􀁊􀀾􀁲􀁑􀁐􀁾 to • 􀁾 􀁰􀁾
On or 􀁢􀀽􀀡􀁯􀁾 lui)' 31. 2002. 􀀧􀁉􀁢􀁾 􀁾􀁳􀀱􀁮􀁡 of Ih. sal. CIt the riuht of way sh4ll occur DD Ib; .=e d4y and 􀁩􀁭􀁭􀁡􀁤􀁩􀁬􀁬􀁴􀁣􀁬􀁾 􀁢􀁾􀁯􀁲􀁡 the 􀁾􀁥 of tAo 􀁉􀀧􀁾􀁰􀁭􀁹
to the tlwc! party. ClOSLo& of the :I.k of tbc 􀁲􀁩􀁬􀁤􀀱􀁲􀁾􀁦􀀧􀁷􀁡􀁹 ahlll! 0CCIil" 'Ol'O:' five (.5) 00)'1 􀁷􀁲􀁩􀀧􀁬􀁴􀁾 nlnlce trona 2.76 TnIllt tD the Town. "Ibe 􀀮􀁢􀁯􀁾 referm«::te1
$440,000 atvJl be depalilfed. wi= He.Jltu' Fair me ConlptftY. 13]) !>0'l1#l81 􀁁􀀮􀁜􀁩􀁾 􀁓􀀦􀀺􀁬􀁪􀁴􀁾 J30. Dillu, TlIUI 75.225, 􀁁􀁬􀁲􀁴􀁡􀁾􀁑􀁄􀀺 Tnc.i a. MillI:r, 'Upon IlOtiOO Clf
th.e c10llblA of lbo sale Qf 􀁬􀁨􀁾 dgln·aMrlSY CO tho Town orAddiSQl;l .rut the J.ofthe 􀁾􀁬􀀱􀁾􀁲􀁴􀁹 to th.c t1UnI FIIl't,Y. 'The 'ToW!! DDd 276 Tmct ahall wcW: lJa guod fldth and
lOt TCASQullt,lIfrwtllQ cm-c the 􀁴􀁬􀁣􀁮􀁾􀁴􀁩􀁥􀁳 crurcd 1tr 1he rlght.of-'MJ)' 􀁾􀁬􀁩􀁬􀀱􀁩􀀨􀀨􀀩􀁁 IItW &la1J:o the 􀁾􀀽􀀮􀁴 to p:ovJde .. min""UEn of' 36 p!Irk:ini 'pica weI!;r
IhCl btidlo 􀁾􀁣OIL or bc!ou tho olalbl:a!the 831.0 ()fme rigb1·af,.way. My cliec% bc::1.ieye::t mal cil Property hu bo= dBm48ed far in 􀁾􀁕􀁓􀁉 Itt I1\CI ..ttJelme:IU Dft'or WZl.taUlcd
in this llllt=r. Kowcvcl', Mr. Croui:h bclilVIS thaL !IClCUQUent of this II:Ll'Ctet Js in 􀁴􀁢􀁾 best IDna-llEnD Inllran of!)oth partie.. Tm. Jet!)eme=t offer !hill Cl'PlrC ua1eu "Qept.cd
ill w:ltlng otl 􀁣􀁮􀁾􀁾 S:00 11,=. Olllu timu 011 MAy 9,2001. Sincmely, W1N8TI:tAD S!CJiREST dt. MINlCK P.C. 􀁂􀁙􀀮􀁾􀁔􀁏􀁔􀁾 p.e3
OCT. -10' 03(PRI) 14:05 􀁾􀁄􀁉 N OmCEOF1'BEt'lTYMANAGER 4#!i! . e I'lllII OJllul BDJI. »tLO AllIU..... Te... 􀁾􀀡􀁉􀁬􀁬􀁑􀁬􀀮􀀹􀀰10 May 9,2002 TEL: 972 422 9322 P.035 􀂩􀀨􀁑􀀩􀁛􀀿􀀩􀁾
(911) 6SO-TIOO • PIIX (912) -450-7143 DOO Bot.lt LIft. Road Mr. Gmy Crouch ADR Parm=rs 4444 Westgrovil Drive, Sui'Ul 210 Addison. TX 75001 Re: %76 Trust Lot 6. SurveYor-AdditloD to tilt.
Town of AddisoD (4136 CeotartoD Way) (the '"Propenyt') Dear Mr. 􀁃􀁲􀁯􀁾􀁢􀀺 On Monday ofthis 􀁷􀁥􀁾 we re.:cived 8 letter from your attorney. Mr. BIIJ1'Y lL Knight, settiIlg OUt your
prOPOlilal to sett11: the Town of Addison's ac.qui:>ition trom the 276 TJUSt ora portion ofLhe PropertY located at 4139 􀁾􀁡􀁮􀁭􀁯􀁮 Wa.y {or tho cxu:nsiOD of Atapaho Road. A:J you "koow,
w" believe that the Property will not be'dAmagod by the'ToWll's aC'iui.dtion; howcver, in ! spirit of l;ooperUion and in an IIblDpt to amll::ably resolve this mattet. 􀁾 would offer
the following in. respot1:ie TO Mr. Knight's proposal: . 1. The Town wilillgrec: 10 pay yO\) lID additional $$0, 000 ovm and above the $52.381.00 offered iII my Il:tU:r of April 24,
2002, ml11cing & totll.1 􀁰􀁡􀁾􀁮􀁴 fCtr the acqui5itioD 'oftho righ!'¢f-way and an)' Uld all damages too the remnindcr c>ftbo Property in the amount ofS1l2,381.00. 2. A!J indicated
in ICY April 􀁾􀀴 􀁬􀁾􀁥􀁲􀀬 thertl lIrB no noneonformities c.nuted 􀁢􀁾􀀧 the right-of-wayac;qurn.tictn... _..._.. :3. Upon the cQm,jll!'tj0I!-9f:tl!e 􀁁􀁰􀁬􀁰􀀡􀀡􀁨􀁾 ltoe.q 􀁾􀁶􀀮􀁣􀁾􀁥􀁰􀁾􀀬􀁾􀀢
􀁾􀁾 oftile property will bave aCC05S through IS license liTeemec.t to substitute parking (cCC5tri1cted bythe Town) \It the 􀁲􀁾􀁡􀁲 of the Property whe", parking is currently a.vailable.
Mr. Knight'S lli'ltrerconditioned your settlemellt propol>aJ on the sale of thl; Pl'operty to a. third partY; however, the City is 1lDt willing to enter intO any contingmgy anang=mcnt5
reglU'ding the 􀁾􀁬􀁉􀁬􀁥 or Icasi.Ilg of the Property. W= would liSle: tba.-tyou respopd to this offer on arbefore 5:00 p.m. 00 Tuesday, May 14, 2002. SinCoC3'Dly, .. 􀀫􀀼􀁾􀁗􀁾 Ron
Whitehead City Manager EXHIBIT I H.
OCT, -la' 03(PRI) 14:05 TEL:972 422 9322 P. 036 .AJ)DI oN OFFICE OF THE crrY MANAGER. ) • 'lII'f om" BpI: "nll AtId11oa,. 1'UU􀀱􀀢􀁾􀁬􀀬􀀮􀀮􀁍􀁬􀀰􀂷 Se]itetl1ber 17. 21>02 Mr. Barry
R. Knight WiDstead Secl:lrest k Minick. p.e. 5400 Renaissacce Tower 12Q1 Elm 􀁓􀀱􀁲􀁥􀁾 Dallas, Texas 15270 (912) 􀀴􀀵􀁾􀀭􀀢􀁡􀁬􀁬􀁬􀁬 • FAX (9':'1) 4M·?043 ...J .!JeO Bell !JDt 'RHlI
RE: 216 Tru.t Lot 6,.$urveyor Addi.'lOD to the TDW,D of Addison. (4136 Centurion Way) (the .I}'ropeny") Rccot:ded in Volume 79l30. Paee 2495 in the Deed RecBrds afDalIall County Dear
Mr. Knight; On August 27, 2002, the Town of Addison authorized condemnation of the above-referenced property. A copy oftbe conde.mn.ation resolution i5 =tIclosed. As 􀀡􀁴􀀡􀀱􀁾􀁤 in
my May 9, 2002 lettl'lI' to your client GaJ) Crouch, the Town's fuJal offer for we purchase: of the propertY is $112,381.00. If Mr. Crouch wishes to accept this offer. please let us
knew by September 27, 2002. Ifwe do not hear frem you by September 27. 2002, We will proceed to file an Ilc:tion in condemniluon. V=ry truly 􀁹􀁯􀁵􀁲􀁳􀁾 Ron Whitehead Cii)' M.a.naser
for the Town of Addison Enclosure c: Gene Harris Absolute Systems, Ltd. Ken c. Dippel Angela K, WlUhinston EXHIBIT I 1
No. CC-03-01967-B TOWN OF ADDISON, TEXAS § IN THE COUNTY COURT §§§ vs. § AT LAW, NUMBER 2 § ABSOLUTE SYSTEMS, LTD., 276 TRUST § AND MERRILL LYNCH BUSINESS § FINANCIAL SERVICES, INC.
§ DALLAS COUNTY, TEXAS AFFIDAVIT OF MICHAEL MURPHY STATE OF TEXAS §§ COUNTY OF COLLIN § BEFORE ME, the undersigned authority on this day, appeared :MICHAEL MURPHY, who is personally
known to me, and first being duly sworn according to law, deposed and said; My name is :MICHAEL MURPHY. I am over twenty-one (21) years ofage, and I am fully competent to make this Affidavit.
I have personal knowledge ofeach ofthe facts stated herein and each fact is within my personal knowledge and is true and correct. I am the Public Works Director for the Town ofAddison,
Texas, Plaintiff in the above cause of action. In connection with my duties and responsibilities, I am responsible for the oversight ofthe Public Works Project known as the Arapaho Road
Extension. The purpose of that Project is to extend Arapaho Road west ofMidway Road in Addison, Addison, Texas to alleviate the traffic congestion experienced on Belt Line Road in Addison.
In connection with that Project, the City determined that it was necessary to construct a portion ofArapaho Road across the rear
ofthe property located at 4139 Centurion Way, Addison, Texas (the subject property ofthis action). The extension ofArapaho Road over the subject property involves the construction ofan
overhead bridge which will cross the property. The acquisition of an easement over that property was authorized by resolution ofthe city council ofthe Town of Addison, Texas, a true
and correct copy ofwhich is attached as Exhibit"A" and incorporated by referenced herein as if set forth at length. The area ofthe easement being acquired for the overhead bridge had,
on the date of taking, approximately 36 parking spaces available for use by the owner ofthe subject property. The parking area was constructed upon existing easements, including a 30-foot
Dallas water utility easement and a 50-foot drainage easement. In connection with the taking ofthis easement for the construction ofthe bridge; the Town of Addison has agreed to reconstruct
the parking spaces to provide the same number of spaces that existed on the date oftaking. The property owner will continue to own the property in fee simple, save and except the easements
which encumber that portion ofthe property. In early 2002, the Town of Addison began negotiating with Mr. Gary Crouch of 276 Trust, for the acquisition ofthe area required for the project.
In connection with those negotiations; the Town of Addison obtained an appraisal by Evaluation Associates, Inc. At the time the first appraisal was performed, the appraiser was under
the mistaken belief that the 36 parking spaces would be lost due to the taking and this loss would impact the highest and best use ofthe property because it would no longer comply with
the zoning requirements ofthe Town ofAddison for its current use. Evaluation Associates appraised the property taken and the damage to the property at $225,000.00. The above value was
comprised of $62,381.00 for the property to be taken and $162;619.00 attributed to damages to the remainder due to the above
misconception. Based upon that appraisal the Town ofAddison offered the owner (276 Trust) $225,000.00. A true and correct copy ofthe correspondence transmitting that offer is attached
hereto as Exhibit "B" and incorporated by reference herein as if set forth at length. After receiving the initial offer, Mr. Crouch corresponded with the City requesting clarification
ofvarious issues related to the 36 parking spaces, as evidenced by Exhibit "C" attached hereto. The Town's initial offer was rejected as evidenced by that correspondence from Mr. Gary
Crouch's attorney which is attached hereto as Exhibit "D" and incorporated by reference herein as if set forth at length. On April 10, 2002, Mr. Crouch requested to address the City
Council regarding these issues, which he did. A true and correct copy ofthat letter is attached hereto as Exhibit "E". Subsequent to the offer being rejectedand after lengthy discussions regarding the parking, the Town ofAddison determined that the taking ofthe property; and the reconstltlction ofthe parking spaces, would not result in the
subject property being in non-compliance with the zoning requirements ofthe Town ofAddison. In addition the Town agreed to re-construct the 36 parking spaces as evidenced in that letter
of April 24, 2002, which is attached hereto as Exhibit "F". Accordingly, the appraiser was instructed that his misconception concerning the impact of the bridge upon the zoning compliance
issues was erroneous. He revised his appraisal to reflect the value ofthe property taken of $62,381.00. In the April 24, 2002 letter, Mr. Crouch was notified that the subject property
would remain in compliance with the zoning requirements of the Town ofAddison under the plans for the construction ofthe bridge and reconstruction ofthe parking spaces and that he would
be able to continue to use the property at its highest and best
use. At that time, an offer was made to Mr. Crouch of$62,381.00 reflecting the value ofthe part actually taken by the Town of Addison. That offer was likewise rejected. On May 5, 2002,
a counteroffer made by Mr. Crouch, through his attorney, of $400,000.00 for the acquisition ofthe easement. A true and correct copy ofthe letter transmitting that offer is attached hereto
to as Exhibit "G" and incorporated by reference herein. In an effort to resolve this matter and avoid the necessity for condemnation, the Town of Addison made a final offer of $112,381.00,
which consisted ofthe $62,381.-00 for the part taken and an additional $50,000.00 being offered in an effort to settle the valuation issues. A true and correct copy ofthat offer is attached
hereto as Exhibit "H' and incorporated by reference herein as if set forth at length. That offer was not accepted by Mr. Crouch. On September 17, 2002, the Town once again oftered $112,381.00
for the easement, as shown in Exhibit "I" attached hereto. Once again, the offer was rejected. At no time has Mr. Crouch offered to sell the easement to the Town ofAddison for any less
than $400,000.00. It became apparent that continued negotiations would be futile and that it would be necessary for the Town of Addison to proceed with condemnation. After negotiations
had broken down and it was detennined that the Town of Addison would be required to proceed with condemnation, the Town ofAddison obtained an additional appraisal by Hipes & Associates
on or about September 26,2002. Mr. Hipes' opinion ofvalue ofthe easement to be acquired was $52,601.00 which was substantially less than the final offer made by the Town ofAddison. The
Town ofAddison did not have the Hipes' appraisal at the time that the final offer was made to
Mr. Crouch. Although I believe that a copy ofthat appraisal had been provided to Mr. Crouch, I have been unable to locate any document reflecting delivery by certified mail or hand delivery.
Prior to filing condemnation, the Town ofAddison used its best efforts to negotiate a settlement ofthis matter by making the offers referenced above. The Town ofAddison does not believe
that Mr. Crouch's final offer of$440,000.00 represents the value ofthe part being acquired nor for the alleged damages which Mr. Crouch believes that he has sustained. Therefore, although
the Town ofAddison is not willing to pay $400,000.00, I believe that we have negotiated in good faith based upon the appraised values ofthe property. Further Affiant sayeth not. SWORN
TO AND SUBSCRIBED BEFORE ME by the said MICHAEL MURPHY, on this 1.1l-day of October, 2003, to certify which, witness my hand and seal ofoffice. ALYSSAMDENT . NotaryPlMc State of TexCII
My CommlQlon Expires Mqlch 30. 2007 ------Notary Public in and for the State ofTexas --
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WIDi"&M.lit AUG, -D6' D3(WED) 12:4D TEL:972 422 9322 .IOHN 1:. CiAY SVDNA H. GOIWON LEWIS L. 􀁉􀁓􀁁􀁁􀁃􀁋􀁓􀁾􀀧 MARCMI\Y DAVID B, McCALL'" I( 1:1.1-1 ROACII WILLIAM .I 􀁊􀁴􀁏􀀡􀀺􀁬􀁅􀀢􀁲􀀨􀁲􀁓􀀧􀁾
I-lEATHER SCI·IAErER DATE: OAY,McCALL, ISAACKS, GORDON & ROBERTS, P.C. .'\TTL..lItNl:::YS AND COUNSI::.LORS 777 EAST 1􀁾􀁔􀁈 STR EFT PI-A NO, Tl:XAS 751174 􀀹􀁮􀀯􀀮􀁬􀀲􀂷􀁈􀁾􀀨􀁬􀀱 "'AllMllcy-Mlldili
lor FAX: c)71/414-:in]I) F.I\X: LJ71i41}-Yl::!} '13l\;lrc1 􀁃􀁾􀁬􀀱􀁩 til'Ll Cj,'il Tri,,1 Lei\\' 􀁔􀁃􀁬􀁬􀀻􀁾􀁳 􀁕􀀨􀀱􀁾􀁲􀁤 01" LL'gO I· Sp":Ci:llizllli')1l 08/06103 TIM B: I: /5 p.111.
􀁅􀀴􀀮􀁾􀁉􀀮􀁍􀁊􀀱􀀮􀁅 MESSAGE COVER SREET Following is/lire 4 page(li) including thhiJ cover. If any port of 􀁴􀁨􀁩􀁾 messaGe is missing or received poorly, please call tbe !iender
as soon os possible. PLEASE DELIVER UPON .RECEfPl' TO: Michael Murphy RE: Absolute System$t ct al; MESSAGE: FAX NO. 972-450-2831 CON,l:WENTIAUTY NOTICK The information contained In this
racslmJJe message lind documcnT.s accompanyinG same are legally privileged and confidcnt1nllr.formation Intended only for the use of the Indh1dunl or entity nllmed herein. lfthe reader
of this meSlsfige is not the intended recipient, you artl hereby notified that nny dissemination, distribution or copy of this tclccopy is strictly prohibited. If you have received thls
teJecopy in error, please immediately notify us by telephone and return tbe original message to us Itt the address above via the United StDtes Postal Service. Thank you,
􀁟􀁾􀀨􀁡􀁁􀂥􀁩􀁩􀁷􀁴􀀮􀀮􀁩􀁴 iillClu.JI"i••􀁭􀁑􀁾 '.i,,'I.i. AUG. -06' 03(WED) 12:40 TEL:972 422 9322 P. 003 LAW OFFICES GAY, MCCALl., ISAACKS, GORDON & ROBERTS A 􀁬􀀧􀁾􀁏􀁆􀁬􀁬􀁓􀁓􀁉􀁏􀁎􀁁􀁊􀀮
COIII'OIIA'I'ID/li Tn EAST 15m STREET PLANO, TEXAS 75074 972/4:?,4-850 I • Fl\x 1)72/424-5619 JUliN E. GAY SYUNA n. GnllPll/li LEWIS r." ISI\ACKS "+ 􀁋􀀢􀁃􀁈􀁾􀁉􀀮 \... Kl"lU MAIlI;"
R. 􀁍􀁁􀁙􀁾􀀧 DAVIn MrC",.,_+ K13I.1..1 1•. ROM'1f WI/.I.II\M J. RUUf;Il'rS -t tll!J1Tlilm A. SCI·IAr.mll Mark GOOdlllllll, 􀁆􀀮􀁾􀁱􀀮 Two Lincoln Ccnrl'e 5420 LBJ FrccwQY, Suite 1100
Dallas. TI.':X.1S 7􀀵􀁾􀀴􀀰 August 6, 20U3 • !3UAlw CERTII'IP.P -CIVIl. TllIl\I. LAW TEXAS lloA/m 􀁉􀁬􀁾 L"uJlL Sr'IlCIALlZ"TION .j< BOAllfl CEIlTIPIf.I) -I'I\MI/.Y LAW TrXAS BOAIW Ill'
Li:uAL Sr·IJClAI.IZATlON Rc: CllllSC No. 03-Ul967-B; TOWll of Addison v. Ab!'-Cllute Syslems, Lid., ct al: OLII' File No. 935) 6.030:'4 Deal' Mr. Goodman: As yOll 􀁲􀁎􀁬􀀱􀁬􀀰􀁳􀀱􀁾􀁤
at Mr. 􀁬􀀧􀁬􀁮􀁲􀁲􀁩􀁾􀀧 􀁤􀁾􀁰􀀨􀁬􀁳􀁩􀁴􀁩􀁻􀀩􀁬􀀱􀀬 Tam forwarding a copy of Mark Hip!:',' llppmisal whidl W<lS pres<:,metl 􀁾􀁉􀁬 the Special Commissioners hearing, 􀁾􀁬􀁉􀁬􀁬􀁮􀀨􀀬􀀡􀀺
with the plan:; for rhe bridge TO he constn.Jcted <lcross the subjeci 􀁰􀁲􀁯􀁰􀁾􀁲􀁴􀁹 s:howing The placcment oflhe bridgt.:, detdls WiTh regard TO the l:]e<'ll"LlllCC bencaTb the bridgl:
nf1'er c:onstru(;110n, and The 􀁰􀁾􀁬􀁉􀀧􀁫􀁩􀁮􀁧 to be in 􀁰􀁬􀁾􀀬􀀮􀀺􀀻􀁥 ",;ilhin the easeIII clll . J tnlst thllt this mt:t:ls your needs with regnrd to the pltIIlS. ShllUld yOll
flc,;:c1 additional illfollnatioJl, plcast: do not hesitate tll l:OntL1Cl me. LLl/Jbg El1l.':lo:>mc
_U¥iA4ilAt.liiU AUG,-06'03(WED) 12:40 TEL: 972 422 9322 P. 004 LAW OFFICES GAY,MCCALL, ISAACKS, GORDON & ROBERTS . A. I'IHl"I:SS\IlNAL COllI'OIIA"ION 777 EAST 15TH STRTinT PLANO, TEXAS
75074 972/4:?t1-850 I • FAX 972/424-5/\ 19 JOliN e. GAr SVUNA H. GORrmN L6WIS L. 􀁉􀁓􀀢􀀢􀁦􀀺􀁉􀁜􀀮􀁾 ....,. RACI·II:!. 1.. KINCi MAlIC R. MAY 􀀮􀁾 DAVII.' MCCAU.+ Kt:L1.1 L. ROACH WII.I.IAM
J. ftODERTS + l'II:ATI1t:ll A. SCl1AEI;BR Mr. Gene Harris AbsollltC' Systems, Ltd. 4139 Centuriol1 􀁗􀁾􀁹 Addison, Texas 7500 I Augllst 6. 􀁾􀁏􀀨􀀩􀀳 ... BllAltD ChllTlI'II,U .. C'VII.
TIIIAI. LAW Tll:>':lI!; QCMRI) (ll' 1.1:0,11. 􀁓􀁉􀂷􀁉􀀺􀁌􀂷􀁉􀁁􀁉􀀮􀁉􀁾􀁁􀀧􀀱􀀧􀁉􀀰􀁎 ·f BOARD CERTIPII,P -FAMILY I./lW Tr.XAS BOARD OP Lr-GAI. SrnC'lIlI.l7....TlrlN + /\"\TllIlNI'Y
-MI:DIATIlIl Rc: Cause No. 03-0 I%7-1'3; Town of Addison, 'rexa:-: v. Absolute Systems, 􀁾􀀮􀁴􀁣􀀱􀀮􀀬 276 Tnlsl and Men-ill Lynch 􀁂􀁬􀁬􀁳􀁩􀁮􀁾􀁳􀁳 Financial 􀁓􀁾􀁲􀁶􀁩􀁣􀁥􀁳􀀬 Inc.;
Our File No. 93510.(30)4 Dear Mr. 􀁈􀁾􀁬􀁬􀁔􀁩􀁳􀀺 1 have 􀁾􀁮􀁣􀁬􀁯􀁳􀁥􀁤 plnn:> Il)r thl: 􀁩􀁩􀁜􀁲􀁮􀁰􀁾􀁨􀁯 Road extension mTOSii rhe rCLIf of yOlll' pJ'L)perty. Although yuu did
nm rcqllest copies L'I' 􀁬􀁨􀁩􀁾 .\1 ynm deposition, I felr rhm I 􀀺􀀭􀀺􀁨􀁯􀁾􀁤􀁣􀁬 fOIWl)rd lhem to you for YllLlr informalioll, In pflnicul'll', please 􀁉􀀧􀁣􀁶􀁩􀁾􀁷 the proposiJd
repli.lCelllelll or tbe p,wking 􀁕􀁮􀀨􀁫􀁮􀁬􀁾􀁬􀁜􀁴􀁨 the hridge. I wotllLi nppreeime any commenrs tlH11 YUlI 􀁭􀁩􀁾􀁨􀁴 h.:wc with 􀁬􀀢􀁾􀁧􀁊􀁲􀁤 III 11)(: rl"opost:d p(l(king. In
ia\dirion, should y0tl hn\'c ,IllY olher 􀁣􀁯􀁭􀀱􀁬􀀱􀁣􀁮􀁴􀁾 or questions, pletlse clo not 􀁨􀁾􀀬􀀧􀁜􀁩􀁲􀁩􀁬􀁲􀁥 to call me. 􀁌􀁕􀁾􀁩􀁢􀁧 􀁛􀁩􀁬􀀱􀁣􀁬􀀨􀀩􀁾􀁾􀁬􀁲􀁥
.as.;,i;.lit i\ltClu";"u,JCMilCJsa AUG, -06' 03(WED) 12:40 TEL:972 422 9322 p, 002 LAW Omcns GAY, MCCALL, ISAACKS, GORDON & ROBERTS /I. I'HOPESSIONI\L CORP01lJlTION 777 EAST 15TH STREET
PLANO, TEXAS 75074 972/424-R501 • PAX 972/424-5bI9 􀀮􀀧􀁏􀁬􀁬􀁬􀁾 E. GAY SYI)NA H. GORDDN Lnwis 1.-. ISMC"S T+ 􀁒􀁊􀁜􀁌􀀧􀁉􀀢􀁉􀁾􀁌 L. KING MARC It MAY i' DAvin Mc:C"I.,."t J< r,l.I.1
I.. RUACli WILI.IIIM J. I{Ullbll"l'S + Hr.ATIII'I! 1\. S< 'I-IA8Hi.!t VIA FACSIMlLE Mit.:htlel E. Murphy, P.E. 1'. O. Box 9010 Addison. 􀁔􀁾􀁸􀁡􀁳 75001-90 to August 6, 2003 T n"AllIJ
Cldtl'IFIED -CIVIL TRIAl. I.AW Tm<M ROAI1.f) (IF LELIAI. SI'I::('IAI.IZATION " f3llAllD Cr..ltTlFIED " FAMILY lAW 􀁔􀀢􀁘􀁁􀁾 13IlAllI) OF 􀁌􀀮􀀢􀀨􀁪􀁁􀁾 SrRCIAI.IZATION + ATIORNr,Y -Mr:nII\TOII
Rl.'; Cnll5e No, OJ-OI %7-8; Town of Addison v, Absolute 􀁓􀁹􀁳􀁬􀁾􀀱􀁬􀁬􀀺􀁩􀀬 Ltd., Cl 􀀬􀁾􀁉􀀻 Our File N(l. 9351 􀀨􀀩􀀮􀀰􀀳􀀰􀁾􀁾􀀴 Dear Mie/weI: Please I'cvicw the cnclMw(\ klLcl'lransll1;lling
the phllls for 􀁬􀁨􀁾 briLlgl: aero;,>£.: rhe Absolute System propl:ITY. If If it meets with yOlll' approvnl, please 􀀺􀀧􀁉􀁤􀁶􀁩􀁳􀁾 􀁭􀁾 and I will fDrward il 10 Mr. C; oOl11ll al1.
􀁌􀁌􀁌􀁾􀁩􀁢􀁧 l:m:lllsLlre
LAWOFHCES 􀁾􀁾􀁾 GAY, MCCALL, ISAACKS, GORDON & ROBERTS-----A PROFESSIONAL CORPORATION 777 EAST 15TH STREET PLANO, TEXAS 75074 972/424-8501 • FAX 972/424-5619 JOHNE. GAY SYDNA H. GORDON
LEv\rIS L. ISAACKS Y+ RACHEL L. KING MARCR. MAY * DAVID MCCALL+ KELLI L. ROACH WILLIAM J. ROBERTS + HEATHER A. SCHAEFER Ms. Therese Casterline 408 South Central Expressway Dallas. Texas
75201 September 2, 2003 T BOARD CERTIFIED -CIVIL TR1AL LAW TEXAS BOARD OF LEGAL SPECIALIZATION * BOARD CERTIFIED -FAMILY LAW TEXAS BOARD OF LEGAL SPECIALIZATION + ATTORNEY -MEDIATOR
Re: Cause No. CC-03-01967-B: Town of Addison, Texas "s. Absolute Systems, Ltd., 276 Trust and Men-ill Lynch Financial Services, Inc. Our File No. 93516.03054 Dear Ms. Casterline: Enclosed
please find two Notices ofDeposition by \Vritten Questions in cOImection with the above cause. This will further confirm that your office ''''ill schedule the date and time for the depositions
and provide appropriate notice to the deponents. Thank you for your assistance in this matter. LLl/jbg Enclosure xc: CERTIFIED MAIL, R.R.R. Mr. Mark Goodman Two Lincoln Centre 5420 LBJ
Freeway. Suite 1200 Dallas, Texas 75240 Mr. Mike Murph:y
No. CC-03-01967-B TOWN OF ADDISON, TEXAS §§§§ n. §§ ABSOLUTE SYSTEMS, LTD., 276 TRUST§ AND MERRILL LYNCH BUSINESS § FINANCIAL SERVICES, INC. § IN THE COUNTY COURT ATLA\V, NUMBER 2 DALLAS
COUNTY, TEXAS NOTICE OF DEPOSITION BY \VRITTEN QUESTIONS TO: REGIONS BANK, by serving any officer at 16600 North Dallas Parkway, Dallas, Texas. You\vill takenoticethaton , September__,
2003. at__a.m.. Plaintiff, TO"'"'N OF ADDISON, TEXAS, intends to take the deposition upon \vritten questions. attached hereto, ofthe custodian ofrecords for REGIONS BANK, at 16600 NOlth
Dallas Parkway, Dallas, Texas, together with such wlitten questions as are served, in accordance with the Texas Rules of Civil Procedure for use in the above-styled cause. The reporter
and notary public before \\lhom the deposition is to be taken is \vith Therese Casterline. You will fUlther take notice that prior to the time of taking the deposition of said \vitness,
a subpoena duces tecum \-vill be issued requesting said witness to produce the originals or tIlle and COITect copies of any and all documents, as hereinafter defined in Exhibit "A".
NOTICE OF DEPOSITIO;\, BY WRITTEN QUESTIONS IJ: ,L1TSUP 1.1 1:3 (i 􀁟􀁅􀁟􀁄􀁏􀁜􀁴􀁜􀁉􀁾􀀱 􀀯􀁜􀁤􀁤􀁬􀁾􀁯􀁮􀀮 To'\\'n of Regions BLllll..nCH.wpc Page 1
􀁒􀁥􀁾 submitted, 􀁾􀀼􀁾 ////LEWIS L. ISAACKS /" Texas Bar #10430300 -----//Gay, McCall, Isaacks, Gordon & Roberts, P.c. 777 East 15th Street Plano, Texas 75074 Telephone: 972/424-8501
Telecopier: 972/424-5619 ATTORNEY FOR PLAINTIFF TO\\'N OF ADDISON, TEXAS CERTIFICATE OF SERVICE L LEWIS L. ISAACKS, Attomey for Plaintiff, Town ofAddison, Texas, certify that a true
and COlTect copy of the foregoing Notice of Deposition by \\Jritten Questions has been sent by certified mail, retum receipt requested to Mr. Mark Goodman. Esq., Two Lincoln Centre,
5420 LBJ 􀀧􀁾 " Freeway, Suite 1200, Dallas, Texas 75240, on this the .7\ dayof.L{,L/'.);j>t,2003. 􀀬􀁾􀁾􀀭􀀭􀀻 􀀯􀁾􀁾􀀯􀁜 ", /I 􀁾􀁕􀁷􀁲􀁳 L. ISAACKS ,/,-----,/-NOTICE OF DEPOSITION
BY WRITTEN QUESTIONS 1J: LlTSL!Jl 1.1 B Ci J:::_DCJr\1:\I:\ :\ddislll'!. 10wn of 􀁒􀁣􀁧􀁩􀁯􀁬􀁬􀁾􀀮 B::mknm.\\·pd Page 2
EXHIBIT "A" 1. A copy ofany and all appraisals related to the extension ofcredit to Absolute Systems, Ltd. for the purpose ofpurchasing 4139 Centurion \Vay, Addison, Texas, which closed
on or about June 21,2002. 2. Copies ofany and all studies or other analyses, reports, or similar documents related to the potential impact ofthe extension ofArapaho Road across 4139
Centurion Way, Addison, Texas, or related to the constmction of Arapaho Road on a pOliion of that property. 3. A copy of any other analyses, memos or reports made by, or on behalf of,
Menill Lynch Business Financial Services related to the extension ofcredit to Absolute Systems, Ltd. which are related to the use or value of4139 Centulion \Vay, Addison, Texas or the
extension of i\rapaho Road over a portion of that propeli)'. 4. A copy of any conespondence, letters, or other document reflecting any communication between Merrill Lynch Business Financial
Services and Gene Hanis related to 4139 Centurion \Vay, Addison, Texas fi'om January 1,2002 through June, 2002. 5. Any application for a loan or similar document regarding the possible
extension ofcredit in cOlmection with the purchase of4139 Centurion \Vay, Addison, Texas from January 2002 through June 2002. Please note: The personal financial infomlation ofI\,1r.
Gene Han"is and/or Absolute Systems, Ltd. is not being sought under this Notice. To the extent that such private financial inf01111ation appears on responsive documents, please redact
that inf01111ation. NOTICE OF DEPOSITION BY WRITTEN QUESTIONS 11: llTsur IJ B G.E_DCHvl.'\.IN"./\ddison. Town 􀀨􀁉􀁦􀀮􀁒􀁣􀁧􀁩􀀨􀁬􀁬􀀱􀀺􀀮􀁬􀀺􀀳􀁡􀁉􀁬􀁌􀀮􀁮􀁯􀁾􀀮􀁜􀁜􀀢􀁰􀁤 Page 3
No.CC-03-01967-B TOWN OF ADDISON, TEXAS §§§§ n. §§ ABSOLUTE SYSTEMS, LTD., 276 TRUST§ AND MERRILL LYNCH BUSINESS § FINANCIAL SERVICES, INC. § IN THE COUNTY COURT AT LAW, NUMBER 2 DALLAS
COUNTY, TEXAS DIRECT QUESTIONS FOR THE CUSTODIAN OF RECORDS FOR REGIONS BANK 1. Please state your name, employer, occupation and business address. 2. Are you the custodian of the records
for your employer? 3. Please check your records and tell us if you find those records or documents which reference the documents as outlined in the subpoena duces tecum served on your
employer for the property known as 4139 Centurion 'Vay. Addison, Texas. 4. Are these records or documents presently in your custody as an employee of your employer? 5. If so, hand all
such requested rep0I1s, records, memoranda, photographs, graphic or oral records or representations of any kind. etc., or the photocopies thereof to the Notary Public to be attached
to your answers to this deposition. 6. If you attached photostatic or xeroxed copies of the records records or documents. please state whether or not these are exact copies of the original
records in your custody. WRITTEN QUESTlO2'lS J I: .UTSL:P 1J 13 G 1:_ 􀁄􀀰􀀱􀁜􀀧􀁌􀁜􀁦􀁾􀀬 J\ddi:-llll. T{l\\'l1 or 􀁒􀁣􀁧􀁩􀀨􀀧􀁬􀁮􀁾􀀮􀁏􀁬􀁬􀁃􀀧􀁳􀁔􀁩􀁯􀁭􀀮􀁜􀁜􀀧􀁊􀁬􀁤 Page 1
7. Please segregate any records which are made in the regular course ofthe business and ofthe profession of your employer from those which are not kept in the regular course ofbusiness.
The Comi RepOlier will label the records kept in the regular course of business as Exhibit "A" to your Deposition, and those not kept in the regular course of business as Exhibit "B".
8. Was it the regular course of the business of your employer for an employee or representative of your employer, with personal knowledge of the act, event, condition, opinion or a diagnosis
reflected in the records attached as Exhibit "A" to your answers, to make the original memorandum or records or to transmit infol1nation to be included in such memorandum or records?
9. Vvere such records made at or near the time ofthe acts, events or conditions reflected in such records or reasonably soon thereafter? 10. Are the records or documents you tendered
to the Notary, all the requested records or documents in your employer's possession peliaining to the propeli)' lmown as 4139 Centurion V-lay, Addison, Texas. and ifnot, please state
\vhy not. 11. For those records or documents which are not kept in the ordinary course of your employer's business, please state how such records were obtained. \VRlTTEN QUESTIONS Il-UTSL:P
l.t B (i l_DCJ!v1.\!\ 􀁟􀁜􀁤􀁊􀁩􀁾􀁬􀁬􀁮􀀮 􀁔􀁩􀁬􀁜􀁜􀁔􀁾 of 􀁒􀀮􀀮􀀺􀁧􀁩􀀨􀁬􀀱􀀬􀁳􀀮􀁑􀁵􀁣􀁳􀁛􀁩􀁯􀁬􀁬􀁾􀀮􀁜􀁜􀂷􀁲􀁤 Page 2
No. CC-03-01967-B TO\VN OF ADDISON, TEXAS §§§§ VS. §§ ABSOLUTE SYSTEMS, LTD., 276 TRUST§ AND MERRILL LYNCB BUSINESS § FINANCIAL SERVICES, INC. § IN THE COUNTY COURT AT LAW, NUMBER 2
DALLAS COUNTY, TEXAS NOTICE OF DEPOSITION BY WRITTEN QUESTIONS TO: MERRILL LYNCH BUSINESS FINANCIAL SERVICES, INC. by serving any officer at 1255 West 15th Street, Plano, Texas. You
will take notice that on , Septembel'__' 2003, at__a.n1., Plaintiff, TOWN OF ADDISON, TEXAS, intends to take the deposition upon written questions, attached hereto. of the custodian
of records for MERRILL LYNCH BUSINESS FINANCIAL SERVICES, INC., at 1255 V-lest 15th Street, Plano, Texas, together with such written questions as are served. in accordance with the Texas
Rules ofCivil Procedure for use in the above-styled cause. The reporter and notary public before whom the deposition is to be taken is with Therese Casterline. You will further take
notice that prior to the time oftaking the deposition ofsaid witness, a subpoena duces tecum \vill be issued requesting said witness to produce the originals or tme and COlTect copies
of any and all documents, as hereinafter defined in Exhibit "A". NOTICE OF DEPOSITlO)\ BY \VRITIEN QUESTIONS J 1: ,LlTSL:r i.l 8 G·f_DOt'd.\!\" ,\ddis011. 􀁔􀀨􀁬􀁜􀁱􀁾 0fl\'lclTill.dcpQllOricc
Page 1
//.I􀀬􀀭􀀭􀀭􀀭􀁾􀁾 Respectfully submitted, (..LEJ : n. I AACKS Texas Bar #10430300 Gay, McCall, Isaacks, Gordon & Roberts, P.c. 777 East 15th Street Plano, Texas 75074 Telephone: 972/424-8501
Telecopier: 972/424-5619 􀁁􀁔􀁔􀁏􀁩􀁬􀁬􀁾􀁅􀁙􀁆􀁏􀁒􀁐􀁌􀁁􀁗􀁔􀁉􀁔􀁆 TO\\TN OF ADDISON, TEXAS CERTIFICATE OF SERVICE I, LE\VIS L. ISAACKS, Attomey for Plaintiff, Town of Addison, Texas,
certify that a true and COlTect copy of the foregoing Notice of Deposition by Written Questions has been sent by certified mail, retu111 receipt requested to Mr. Mark Goodman, Esq.,
Tw;o Lincoln Centre, 5420 LBJ ( Freeway, Suite 1200, Dallas, Texas 75240, on this the .;J day of/):'il7/;n{t.( 􀁹􀁯􀀢􀁾 2003. ///-------;;,.L-+---+L-----T''-T'--------//􀁭􀀢􀁌􀀮􀁾􀀧􀁦􀀭􀀭􀀭􀀭􀀧􀁬􀀧􂂬
􀀧􀀭􀁁􀀭􀀭􀁁􀀭􀁅􀀧􀁋􀁓 //NOTICE OF DEPOSITION BY WRITTEN QUESTIONS 1I: -LJTSUP !.1 B G E_Dor".-I.'\I\: J\ddison. TO\\"11 of MCITill.dc]1ol1oticc Page 2
EXHIBIT "A" 1. A copy ofany and all appraisals related to the extension ofcredit to Absolute Systems, Ltd. for the purpose of purchasing 4139 Centmion Vvay, Addison, Texas, which closed
on or about June 21,2002. 2. Copies ofany and all studies or other analyses, reports, or similar documents related to the potential impact ofthe extension of Arapaho Road across 4139
Centurion Way, Addison, Texas, or related to the constmction of Arapaho Road on a portion of that property. 3. A copy of any other analyses, memos or repOlis made by, or on behalf of,
Merrill Lynch Business Financial Services related to the extension ofcredit to Absolute Systems, Ltd. which are related to the use or value of4139 Centurion Way, Addison, Texas or the
extension of Arapaho Road over a portion of that propeli)'. 4. A copy of any cOlTespondence, letters, or other document reflecting any conununication betvveen MelTill Lynch Business
Financial Services and Gene HaITis related to 4139 Centurion Way, Addison, Texas from January 1,2002 through June, 2002. 5. Any application for a loan or similar document regarding the
possible extension ofcredit in connection with the purchase of4139 Centurion ,Vay, Addison, Texas from January 2002 through June 2002. Please note: The personal fmancial infonnation
ofMr. Gene Hanis and/or Absolute Systems, Ltd. is not being sought under this Notice. To the extent that such private financial infonnation appears on responsive documents, please redact
that infonl1ation. NOTICE OF DEPOSITION BY \\'RlTTEN QUESTIONS 11: .LITSUP IJ B G .E_DOM.'\JI\ .·\ddisoll. Town ofMcn"ill.dcpol1oticc Page 3
No. CC-03-01967-B TOWN OF ADDISON, TEXAS §§§§ n. §§ ABSOLUTE SYSTEMS, LTD., 276 TRUST§ AND MERRILL LYNCH BUSINESS § FINANCIAL SERVICES, INC. § IN THE COUNTY COURT AT LAW, NUMBER 2 DALLAS
COUNTY, TEXAS DIRECT QUESTIONS FOR THE CUSTODIAN OF RECORDS FOR MERRILL LYNCR BUSINESS FINANCIAL SERVICES, INC. 1. Please state your name, employer, occupation and business address.
2. Are you the custodian of the records for your employer? 3. Please check your records and tell us if you find those records or documents \vhich reference the documents as outlined
in the subpoena duces tecum served on your employer for the property known as 4139 Centurion 'Vay, Addison. Texas. 4. Are these records or documents presently in your custody as an employee
of your employer? 5. If so, hand all such requested reports, records, memoranda, photographs, graphic or oral records or representations of any kind, etc., or the photocopies thereof
to the Notary Public to be attached to your answers to this deposition. 6. If you attached photostatic or xeroxed copies of the records or documents, please state whether or not these
are exact copies ofthe original records in your custody. WRITTEN QUESTIONS G:.WORK·L1TSUP',IJ 13 G',/::_DCHvl.'\l!\ 􀁟􀀬􀁜􀁤􀁤􀁩􀁳􀁯􀀡􀁾􀀮 TOWIl 􀁯􀁦􀁍􀁾􀁲􀁲􀁩􀁉􀁉􀀮􀁃􀀩􀁬􀁉􀁣􀁳􀁬􀁪􀁏􀁊􀁬􀀧􀀺􀀻
Page 1
7. Please segregate any records which are made in the regular course ofthe business and ofthe profession of your employer from those which are not kept in the regular course of business.
The COUli RepOlier \villiabel the records kept in the regular course of business as Exhibit "A" to your Deposition, and those not kept in the regular course of business as Exhibit "B".
8. Was it the regular course of the business of your employer for an employee or representative of your employer, \vith personal knowledge of the act, event, condition, opinion or a
diagnosis reflected in the records attached as Exhibit "A" to your answers, to make the original memorandum or records or to transmit infomlation to be included in such memorandum or
records? 9. Were such records made at or near the time ofthe acts, events or conditions reflected in such records or reasonably soon thereafter? 10. Are the records or documents you
tendered to the Notary, all the requested records or documents in your employer's possession pertaining pertaining to the property known as 4139 Centurion Way, Addison, Texas, and if
not, please state why not. 11. For those records or documents which are 110t kept in the ordinary course of your employer's business, please state how such records \vere obtained. WRITTEN
QUESTIONS G:',WORI":",LlTSL:P 1.1 B G.!:_DO!vl/\l\ 􀁊􀁬􀀮􀁤􀁤􀁩􀁳􀀨􀁬􀀡􀁾􀀮 1 \l\\·n (11' 􀁍􀁃􀁉􀁔􀁩􀁬􀁬􀀮􀁱􀁬􀁬􀁃􀁾􀁴􀁩􀁯􀁮􀁾 Page 2
-galapa.I'k i'itcl,I•.•􀁯􀁩􀁬􀀢􀁉􀀮􀁉􀁩􀁒􀁢􀀱􀁾 "" 􀁁􀁊􀁤􀀮􀁾􀀧 03 (PR I) 09: S9 JOHN 􀁉􀁾􀀮 GAY SYPNA H. GORDON \-EWIS L, ISAACKS"· MI\RC MAY DI\ VID B. 􀁍􀁾􀁃􀁁􀁌􀁬􀀭􀀢 KSLLI ROACH
WiLliAM J. ROBERTs" Htoi\"IHER 􀁓􀁃􀁈􀁁􀁅􀁆􀁬􀀺􀀮􀁉􀁾 DATE: TEL:972 422 9322 P.001 􀁾􀀱􀁾 GAY, McCALL, ISAACKS, GORDON & ROBERTS, P.C. i\TTORNJ:YS AND COlJNSIiLORS '177 E:\ST 15TH SrrH:.ET
l'lANO. TEXAS 75074 􀀹􀁮􀁉􀀴􀁾􀀴􀀭􀁋􀁓􀁏 I "A[fClnwy-Medialllr FAX; l)7;!/4;!<!.50 I ':J I'AX: 􀁜􀁮􀁾􀀯􀀴􀁮􀂷􀀧􀁬􀁾􀀺􀀡􀀲 ·UlJard 􀁃􀁾􀁬􀀱􀁩􀁦􀁬􀁣􀁤 Ci,'il Tli.1i Llw 􀁔􀀨􀀻􀁸􀀺􀁬􀁾
amII'd of L\:l;ul$pccialir.Qlioli 08/01/03 TlME: 10:00a.l11. FACSTM:lL.E MESSAGE 􀁃􀁏􀁖􀁅􀁬􀁾 SHEET Following Ie/are 24 page(s) inclUding this cover. If any part of tbis message is missing
or received poorly, please ta)] the sender as soon as possible. PLEASE DELIVER UPON RECEIPT TO: MichQel E. Murpby FR: Lewis L. baacks RE: Addison v. 276 Trustj MESSAGE: FAX NO. 􀁾􀀴􀁓􀀰􀀭􀀲􀀸􀀳􀀷
pONFTDENTlALJIY NOTICE The Information eonb\lned in this rQcslmtle message and documents accompanying same are legally prlvUegcd nnd confidennal information intended only for the use
oBbe individual or entity named herein. lftbe reader ofthis message Is not the Intended recipicn t, you arc hereby notified that an)' di!lNCmlnlltion, distribution or copy of this telecopy
is strictly probibited. (f you bave rccclved tbis teleeopy in error, please immediAtely notify us by telephone Qnd return tbe original messaGe to us at the address above via the United
States Posta) Service. Thank you.
_:l¥i;;MI.I" 􀁾􀁾􀀰􀀱􀀧 03lFRI) 10: 00 TEL:972 422 9322 p, 002 LAW Orl';lcEs GAY, MCCALL, ISAACKS, GORDON &ROBERTS A 􀁉􀀧􀁒􀁯􀁬􀀧􀁉􀀧􀀮􀁾􀁾􀁬􀁏􀁎􀁁􀁌 COIlI'OltAT10N 777 EAST 15TH STREr.T
􀁐􀁾􀁁􀁎􀁯􀀮􀁔􀁾􀁸􀁁􀁳􀀷􀀵􀀰􀀷􀀴 972/424-850 I • FAX 972/424-5619 .lDlm E. OAY SVDNA n. GORDON 􀁌􀁲􀀮􀁗􀁉􀀮􀁾 L. 􀁉􀁾􀁁􀁁􀁬􀀺􀀺􀁉􀀧􀁓 ....01 􀁒􀁩􀁜􀁃􀁬􀁬􀁬􀁾􀁾 L. KINO MAllc R. MAY 􀀮􀁾
OAVIP MCCAI,I.+ Kr.l.1.1 L. ROi\C!1 WlI.l.ll\!'-1 J. Ronnl!'l's + HEATW:U A. SCI-lilr,r't:rl Michael E. Murphy, P.E. p, O. Box 9010 AQr.1isoll, Texas 75001-9010 August 1,2003 " Rni\lllJ
CllRTIPlrclJ -CIVIL TR'AI. LAW TliXA5 13ol\ll/J ul1 LnGh). 5I'H:JAUZi\TIDN .. IWARD l.EIl'I'II'IflD -FI\MII-Y LAW TnXAS ArlhlW OF LnGA!. 􀁓􀁉􀂷􀁉􀁾􀀨􀁉􀁁􀁉􀀮􀁉􀁚􀁁􀁔􀀧􀁻􀀩􀁎 + II.ITORNI)V
-􀁍􀁾􀁬􀁩􀁉􀁁􀁔􀁏􀁒 Re: CauseNo.03-01967-B; Town of Addison v. Abso)mc Systems. LId., er al; .Our File No. 93516.03054 Dear Michl'lcl: Enclosed is Defendant 276 Trust's Fim Set 􀁯􀁦􀀨􀁬􀁈􀁥􀁬􀁔􀁯􀁧􀀢
􀁴􀁬􀁬􀁬􀁩􀁾􀀺􀀾􀀬 Requcst for Production of DocLlmcnts and Request for 􀁁􀁤􀁭􀁩􀁳􀁳􀁪􀁯􀁬􀁬􀁾􀀻 in 􀁴􀁨􀁾 above cusc_ Plcase review the S:lllle and assem blc the docU11lent:-i responsive
to t11c requests. At s\leh time LIS you 􀁨􀁩􀁬􀁜􀀧􀁾􀀧􀁡􀁳􀁳􀁥􀁬􀀱􀀱􀁢􀁬􀁣􀁤 tile documents, ple.\s,,-' call me 50 that WI:: 11lily llrrange a time fO discuss this discovery. Also, please
make any comments you havc 011 rhe enclosed with regard to the Inlcfl'Ogalorics and Requests for AdmiSSion. At SUL:h limc as 􀁗􀁾 meet to discuss thi:-i 􀁊􀁩􀁾􀁣􀁯􀁶􀁥􀁲􀁹􀀬 1will discuss
with you 􀁥􀁌􀁬􀁬􀁾􀁨 orlhc: spccitic discovery itt:ms. ShOtlJd you have nllY quefitions, 􀁰􀁬􀁥􀀡􀁴􀀬􀁾􀁥 do nol. hesitate f(l call11lf:'. LLlZibg .Enclosure
ititil"w;l.Itx.I'MtA3 AUG, -01' 03(PRI) 1000 ............--' TEL:972 422 9322 DAVID GOODMAN & MADOLE '.............../CAlJElE NO, CC·03·01967-B p, 003 􀁬􀀴􀀱􀁯􀁮􀁾 TOWN OF ADDISON, TEXAS,
§§ PIllinlift: § v, §§ ABSOLUTE SYSTEMS, LTD., 276 TRUST § AND MERRJLL LYNCB BUSINESS, § FINANCIAL SERVICES, £NC" §§ Defenuums, § IN THE COUNTY COURTAT LAWI NUtvWER 2 DALLAS COUNTY, TEXAS DEFltNDAN1276 TRUST'S FIRST REQlJEST l:0R PRODUCTIQKPj' nOCtMENTS.TO PLAlNIlEE TO: Town of Addison, TC)(.llS, by and lhrough its attorney of record,
Ll;)wis L. baacks, Gay, MCC:IU, ISWlt.:ks, Gordon & Roberts, P,C., 7777 E«st 1511I Street, Plwlo. Texa.'/75074 Dekndant 276 Tnlst 􀀨􀁨􀁾􀁲􀁥􀁩􀁮 "Dofendant"), hereby 􀁲􀁥􀁱􀁵􀁥􀁳􀀡􀁾
􀀱􀁨􀁾􀁴 Plaintiff, Town ofAddison, Texas, pJodul:w [or 􀁩􀁮􀀵􀁊􀁬􀁾􀁣􀁴􀁩􀁯􀁮 and capyi,ne, pw:sllant to tht: provision:; of the Texas 􀁒􀁵􀁬􀀨􀀻􀀬􀁾 of Civil Procedure, the fullowing
designated 􀁤􀁏􀁬􀀻􀁵􀁭􀁥􀁮􀁴􀁾 wlUrln th.irty (30) duys from sClvice hereof, at tht: offices ofDuvid. Goodman & 􀁍􀁾􀁤􀁯􀁊􀁣􀀬 AProfessional Corporation, Two Uncoln Ct;:(lue, 5'1·20
LBJ Freeway, 􀁓􀁬􀁬􀁩􀁴􀁾 1200, DallllS, 􀁔􀁥􀁸􀁡􀁾 75240, I. DE:l4'(NI'TIQN-S AND INSTRIICIIONS 1, 276 Trust incorporates by 􀁲􀁤􀁾􀁲􀁥􀁮􀁣􀁥 us though fully set forth herein the definitions
and 􀁩􀁮􀁳􀁴􀁮􀁬􀁾􀂷􀂷􀀨􀁩􀁯􀁮􀁳 contuiMd in Oefllodnnt 276 􀁔􀁲􀁵􀁾􀁴􀀧􀁳 f'irsr. Set oflnl'errogatories to Plaintiff, II. nOCOMENTS TO BE 􀁐􀁒􀁏􀁄􀁕􀁃􀁾􀁐􀀭 REQU&,'.':T NQ, 1: All
􀁤􀁯􀁣􀁵􀁊􀀱􀁬􀁾􀁮􀁴􀁳 identified in your 􀁲􀁬􀀺􀀺􀁾􀁰􀁯􀁮􀁳􀁥 In Defendant's 􀁆􀁩􀁲􀁾􀁴 Set of InterrnC,:tlories 11.1 l /luintiff. Page 1
-:taRiM.I'E AUG.-or03(FRI) 10:00 i) S ' l11,. 2tl 0:1 0 􀁾 ; 25 FAX 11 i''2-1 (j -lll51 (} 􀁬􀀡􀁦􀀬􀁾􀁐􀁯􀀮􀁎􀁓􀁬􀁇􀀺 TEL:972 422 9322 􀁾􀀺􀁜􀀮􀁶􀁲􀁄 GOODMAN & MACuLE P. 004 􀁾􀁉 OfJJ
REQ1lESTNO.2: All 􀁤􀁯􀁣􀁵􀁬􀀱􀀧􀁬􀁣􀁮􀁴􀁾 and corre5pomh.:nce that relate or rdM in any manner [0 any 􀁯􀁦􀁴􀁨􀁾 clulms asserted by Plliintiffin the Stutcrnent of Condemnation tiled
in this at:tion, or any 􀁡􀁭􀁥􀁮􀁤􀁭􀁴􀀺􀁮􀁾 [hereto, or any oilier pleading 􀀡􀁩􀀮􀁬􀁾􀁊 in this cause. REDVEST NO:J: All documents and matcri.11!l prepared by an expert \!Sed for consultation
when that pt:Tlwn \$ opiniollS or impressions have belln reviewed, either in whole Dr in Pf\rt, by 􀁾􀁮 expcrt who may bc cal1ed 􀁡􀁾 a witness in this case. 􀁉􀁈􀁾 iHJtiST lIiHd: Copir::s
ofn1J uanscripts of deposition testimony given in the Pa'l\ five (5) years hy 􀁬􀀺􀀻􀀢􀁌􀁾􀁨 pe(50n Dr L:ntiry whom you may call as 􀁥􀁸􀁰􀁾􀁾􀁲􀀱 witness in tJ1e triUlllf tiliscase
or whose opiniol\;, nr 􀁩􀁦􀁬􀁬􀁰􀁲􀁥􀁳􀀡􀁩􀁩􀁯􀁮􀁾 􀁨􀁮􀁶􀁾 been revi<.!wt;:d or relied UP(H1 hy someone who ITwy be called to ll'::ili [y in the triaJ (,filiis case. 􀁒􀁾􀁑􀀮􀀮􀀮􀁕􀁅􀁓􀁔
NO.5: The entin: me for 􀁴􀁨􀀮􀁾􀁳 􀁣􀁡􀁾􀁥􀀬 including bUl r](ll limited to, all 􀁣􀁯􀁲􀁲􀁥􀁳􀁰􀁯􀁮􀀨􀁬􀁜􀀻􀁭􀁾􀀨􀁜 bills, m¢l1111randa, 􀁬􀁥􀁴􀁴􀁬􀁾􀁲􀁾􀀬 graphs, charts, work notes,
written notes, 􀁣􀁡􀁬􀁣􀁵􀁬􀁡􀁴􀁩􀁯􀁮􀁾􀀬 estLm:ni()ns or uther documents ofany 􀁌􀁾􀁸􀁰􀁥􀁲􀁴 witness who may be called to 􀁲􀁥􀀬􀁾􀁴􀁩􀁦􀁹 in the trial oftlus (;fl\lf:e:. or whosu
opinions 0; impressions have heen 􀁸􀁥􀁶􀁩􀁥􀁷􀁾􀁤 or relied upon by someone who may hu cHJJtd tel cc:stify In the tria'! Offhis CI:l,use. llFSPONSE: 􀁂􀁴􀁾􀁑􀁊􀁪􀁅􀁓􀁔 NQ....6; A 􀁣􀁵􀁲􀁲􀁣􀁮􀁬􀀮􀁬�
�􀁾􀁬 of, or do(;umcnts showing, works written 01' published Cor each pI:.: 1',.1Ci[1 or 􀁾􀁮􀁴􀁩􀁴􀁹 whom you may call as ill1 t:l(pr.:rt wiute:Js in lhe tr ial of this case 01' whose
opinion.q Or lffipressiom have 􀁢􀁥􀁾􀁮 􀁲􀁣􀁹􀁩􀁴􀁾􀁷􀁥􀁤 o( relied. upon by SOlnCOM whO may 􀀱􀀮􀁬􀁌􀁾 culled to testify illl.hc uial oflh.i$ cause. Page 2
_U44¥iiij;t.I,,: 'ii"i.II.i. AUG, -01' 03(PR1) 10:00 􀁉􀁉􀁾􀁩􀀬􀀱􀁬􀁜􀀮􀀨􀀲􀁬􀁊􀀨􀁪􀀺􀁊 llH: 25 Ft\X lln4lJ.j(15111 TEL:972 422 9322 D/WID GOODHAN & 􀁾􀀡􀁁􀁄􀁏􀁌􀁽􀁾 1""'....1 p, 005
I4l 0(J.1 􀁒􀀮􀁅􀁏􀁕􀁅􀁓􀁔􀁊􀁾􀀮􀁯􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀱􀀺 All phurographs, slides, films, vidcoTCIpes, negatives or other visual ruprcsentilti(1nli in the pOssl.!ssJnn of Plaintiff 01' irs
anomeys th.n refer or rdatto: to: 1. The 􀁐􀁬􀀧􀀰􀁬􀀧􀁾􀁲􀁴􀁹 in question; 2. The Defendant 276 TIUSi; 3, TIle Arapaho Road Expansion; 􀁾􀀮 Tht.: Signature Bridge over Midway Roadj or
5, Any uther 􀁰􀁨􀁡􀁴􀁯􀁧􀁲􀁾􀁰􀁢􀁳􀀬 slides, films, 􀁶􀁩􀁤􀁥􀁯􀁴􀀧􀁦􀁬􀁰􀁥􀁾􀀬 negatives or othtr visual re,presl:.uMions that arc relevant to f.he above-refercncel! cause. R]!;QlTRSTNO.8:
All documents, charts, sllmnuuies, anu th611ke you 􀁩􀁬􀁬􀁴􀁬􀁾􀁉􀀱􀁤 to inuaduce at tht: uial of this matter. 􀁒􀁅􀁳􀁲􀁏􀁎􀁓􀁾􀀻 􀁒􀁅􀁑􀁖􀁊􀀧􀀺􀁾􀁉􀁾􀀺 _o\ny and all ilrarements mllde
by 276 Trust. rceariling the subjcn 􀁭􀁡􀁮􀁾􀁲 of this suit. 􀁒􀁅􀁩􀁬􀁬􀁬􀁊􀁬􀁾􀁓􀁔􀁟􀁎􀁏􀀮 10: AllY 􀁷􀁩􀁴􀁭􀀺􀁾􀀻􀀻 􀁳􀁴􀁡􀁴􀁥􀁭􀁾􀁮􀁴􀁳 that te!ate or l'uftlr in any manner to the
subject mattt:r of this di:lputc. 􀁒􀁆􀁓􀁐􀁏􀁎􀁾􀀬􀁅􀀺 􀁒􀁅􀁏􀁉􀁊􀁆􀁾􀁾􀁔 􀁎􀁏􀁾􀁊􀀩􀀬􀀺 All 􀁣􀁯􀁲􀁲􀁥􀁾􀁬􀁰􀁯􀁮􀁤􀁥􀁮􀁣􀁥􀀩 documents and the like by and bt:tween Addison un the 􀁯􀁮􀁻􀁾
haud and on lhe other: t. Absolute 􀁓􀁹􀁳􀁴􀁾􀁭􀁾􀀬 Ll'd,; 2. 276 Trust; or J, Merrill Lyneh 􀁂􀁵􀁳􀁩􀁮􀁥􀀬􀁾􀁳 Financicl Services, Inc, Page 3
jfu&i¥lli.J. AUG,-01'03(FRI) 10:00 TEL:972 422 9322 DAVID GOODMAN & MAnOLE p, 006 QI DD5 RE!)lJEST NO. 12: The entire: file maintai.ned by the Town of Addi:'lon related to the Pr.opl.:rLy,
􀁒􀁬􀁾􀁑􀁬􀁊􀁧􀁾􀁔 NO. p: Gach IU'ld tVtlry appraisal, villuation, report or tJ1C like related to 􀁴􀁨􀁾 p􀁲􀁬􀀱􀁲􀁲􀀮􀁾􀁲􀁴􀁹􀀬 RESPONSE: 􀁒􀁆􀀮􀁑􀁬􀁊􀁆􀀮􀁓􀁔􀁾􀁏􀀮14: All drafts of
any lippraisal, vaJl.latioll, report or the like related to the Property. 􀁒􀁆􀀬􀁮􀁬􀀧􀁬􀁬􀁾􀁓􀁔 NO. 15: The appraisal 􀁯􀁢􀁴􀁡􀁩􀁮􀁾􀁤 and presentl::d hy Addison at the 􀁃􀁯􀁭􀁭􀁩􀀺􀁊􀁾􀀺􀀨􀁬􀁮􀁾􀁲�
� 􀁾 hearing, and all drafts 􀁴􀁨􀁴􀁲􀁾􀁕􀀩 . .Rf,;QUESTJ'!..!l..--ll: All l:llrf8Spondellce and 􀁤􀁯􀁣􀁷􀁮􀁥􀁮􀁴􀁾 between Addi:wn and any appmisers hir(.:(\ in connectioll with pCl'fClunlng
an appraisal or valuation oCtile Property. 􀁊􀁮􀁾􀁑 VEST N.QJ1: Each <Iud every appraisill done or prepared for or on beh::ilf of Addison (and all d.rafts) in counection witll any 􀁣􀁯􀁮􀁤􀁾􀁭􀁮􀁡􀁴�
�􀁯􀁮 􀁰􀁲􀁯􀁣􀁥􀁾􀁤􀁩􀁬􀁬􀁧􀁳 or negotiat.ions related to th(:; Alapaho Road extension project. Page 4
lJltclll•.:lehJC."iCbf.1: AUG. -01' 03(PRI) 10:00 ''-./TEL:972 422 9322 DAVID 􀁾􀀰􀀰􀁄􀁍􀁁􀁎 & MADOLE p, 007 1ft] nOll 􀀡􀁩􀁦􀁾􀀭􀀮􀁄􀀮􀀮􀁕􀁅􀁓􀀮􀁔 NO. ]H: Each and e,'ery uocument that
refers or relates in !my 􀁭􀁡􀁮􀁮􀁾􀁲 10 the Property, RESPONSE: lillQ!rm3T 􀁾􀁏􀀬􀀮􀀱􀀹􀀺 Each and c:vcry dOCUl11tmI showing the plans fur the 􀁓􀁩􀁌􀁾􀁮􀁩􀁬􀁴􀁵􀁲􀁾 Bridl-;c 􀁯􀁶􀁾􀁲
Midw.)y l{oad as j( relates to The PIDperry. lillQUE$T NO. 2(): AU <'\ocW11enh wh.ich in MY way concern, muntion, refer, or relate to the appniisul dont: by BriM E, Shuler conceming
t1u: Property. REOHEST NQ. 21: :\ny 􀁾􀁴􀁵􀁤􀁩􀁥􀁳􀀬 surveys, 􀁩􀁮􀁶􀁾􀁳􀁴􀁬􀁧􀁡􀁴􀁩􀁯􀁮􀁳􀀬 analysis or the likr. done by Addi.'wn conr-eming !.he Arapaho Road t:x.pilQsion. 􀁒􀁅􀀹􀁔􀁊􀁊􀁩􀀺􀁾􀁬􀁬􀀮
􀁮􀀬 22: A lly studies, surveys, invesliealions, analysis or me like done by Ad.dison concerning the Property. RE-!!l JK5_T NO. 23: AllY noise: orrollution 􀀮􀁾􀁵􀁲􀁶􀁥􀁹􀁳􀀬 9ntdies.
il1vesti[l1l1ions or the lute done by 􀁁􀀮􀁤􀁤􀁩􀀮􀁾􀁯􀁮 \VilJI respect r.o the Property, 􀁉􀁈􀁴􀁾􀀮􀀬􀁾􀀻􀁐􀁟􀁏􀁎􀁓􀁅􀀺 Page 5
M1c¥i'jlfi:ul'k& AUG. -01' 03(PRI) 10:01 􀁾􀀮 TEL:972 422 9322 [JAV 1ll (.;l1uuMAN & M..\DCILE p, 008 􀁲􀁾􀀱 [iD, 􀁒􀁅􀁟􀁑􀁌􀁾􀁓􀀮􀁔􀁎􀁑􀁊􀁾􀁾􀀺 Any noise or poll uti on surveys, smdies,
􀁩􀁮􀁶􀁣􀁾􀁴􀁩􀁧􀀻􀀱􀀮􀁴􀁩􀁯􀁮􀁳 or the 1ike done by Al.ldison wim respect tll Signature Bridgt: over Midway Road. 􀁒􀁅􀁑􀁕􀁆􀁾􀁟􀁔􀀮􀀮􀀮􀁎􀁏􀀮 25: Any and all correspondence or doctlments
evidencing any communiCllTiQIllJt:rWCi:n Addison and MLy other person, from JWlUary 1, 2000 to lhe present time, related (0 􀁉􀁨􀁬􀁾 vnlue oftbe Property or ilJly effort to mllfkC::l,
or sell rhe Property. REQUEST NQ. 26: Any find luI 􀁣􀁯􀁲􀁲􀁥􀁳􀁰􀁯􀁮􀁤􀁾􀁮􀁣􀁥 and Jocumems related to the PropcrtY by itnd 􀁨􀁾􀁴􀁷􀁾􀁥􀁮 Addisl.'lll imd HNTB Al'chirr.cls and Engineers.
RESPONSF;: J:n:9VEST NO. 27: Any and all 􀁣􀀨􀀱􀁲􀁲􀁩􀀺􀁬􀁾􀁰􀁯􀁮􀁤􀁥􀁮􀁣􀁥 and 􀁤􀁏􀁃􀁕􀁮􀁬􀁬􀁭􀁬􀀮􀁾 related to the 􀁓􀁩􀁧􀁮􀁬􀁬􀁴􀁵􀁲􀁾 Bridge over Mid\\'aY Road by :'Iud between
Aclclison and HNTB Architects and Engineers. 􀁒􀁆􀀬􀁏􀁖􀁾􀁉􀀱􀁔􀀭􀁎􀁏􀀮 28: All until', of the Evaluation Associates' apprHi:iul for the Property Uc.lwd hnuary 23, 2002. 􀁒􀁊􀁩􀀺􀀰􀀱􀁊􀀩􀀼􀁾􀁾􀀧􀁌􀁎�
�􀀬 29: A.1I uncmnents, r.oul,;spondence, mtJIn,OS ;uld the like by and 􀁢􀁬􀀺􀁴􀁷􀁾􀁴􀀺􀁮 ./\ddison and EVlllmtlloQ 􀁁􀁾􀁳􀁯􀁣􀁩􀀢􀁬􀁬􀁾􀀮􀁳 􀁮􀁾􀁬􀁩􀁬􀁬􀁥􀁤 to the Pw!'cny. Page 6
-&$4.'14.1" 􀁟􀀮􀁁􀁕􀁾􀀧 03(PRI) 10:01 􀁮􀀢􀁲􀁏􀁬􀀨􀁾􀁄􀁄􀁊 􀁄􀁧􀀺􀁾􀁾 FAX 􀁈􀀱􀀲􀁓􀁄􀁾􀀰􀀵􀀱􀀰 TEL:972 422 9322 DAVJU GnuDHAN & MADOLE p, 009 􀁾 􀁯􀁯􀁾 gE.Q!lE.$.T NO,.30: Any document.s,
􀁣􀁯􀁲􀁲􀁥􀀵􀁰􀁯􀁮􀁤􀁥􀁮􀀮􀁣􀁾􀀬 memos or the like which show the putentiallbr 􀁩􀁮􀁣􀁲􀁾􀁡􀁳􀁥􀁤 insurancll rates fCll' the properties located ill and around the Signatun: Bridge over
Midway Roue!, 􀀮􀁊􀁬􀁦􀁾􀀮􀁑􀀡􀀡􀁅􀁾􀁉 􀁎􀁏􀀬􀀭􀁾􀁬􀀺 All documents which evidence 􀀡􀁜􀁰􀁐􀁲􀁬􀁴􀁩􀁾􀁾􀁬􀁳􀀬 repurts, vaJuations Dr T.he:: lil(t; dOrll,\ ....1th 􀁲􀁾􀀺􀀾􀁰􀁥􀁣􀁴 to
lUly property a.tfccted by the Addison Rutld EXpullsion. REOURS'f NO. 􀁾􀀲􀀺 All 􀁤􀁯􀁣􀁵􀁭􀁾􀁮􀁴􀁾 or t::orrespondence l'elated to the compilnsation paid by Addi:·j(Jn for t\'l! lak.ing
of any pwperty i.n cOliJ1ectioll with 􀁴􀁨􀁾 Arapahu Road Ex.pansion. 􀁒􀁅􀁑􀀮􀁬􀁬􀁬􀁾􀁓􀁔 NQ. 33: All ctocu.menl:i evidencing the final plans, spt:cificiltioJls, drawings, gr:l phil:
􀁲􀁾􀁊􀁬􀁲􀁣􀁳􀁣􀁮􀁭􀁴􀁩􀁯􀁮􀀵 Lind me like, related to the Arapaho Ro.,d Expan9ion Projecl and the Sigr...:tltlIC 􀁂􀁲􀁩􀁬􀀮􀀱􀁾􀁥 􀁯􀀢􀁾􀁲 MidwllY Road u!; it 􀁩􀀺􀁩􀁰􀁾􀁣􀁪􀁴􀁩􀁣􀁡􀁮􀁹
relates to the Property. REOU 􀁉􀁉􀁾􀁓􀁔 􀁾􀁊􀀩􀀮 34: All docwneob ilnd 􀁣􀀨􀀩􀁲􀁲􀁥􀁳􀁰􀁯􀁮􀁤􀁾􀁵􀁣􀁥 by and betwClcn Addi:lDn ROdlmy proper1)! O\\'11()I' il11PilCh=d by tbt Arapaho
Rood ExplUlsion. HRQVEST NO. ]j: All minute,'l, notes, reports, 􀁭􀁾􀁲􀁮􀁯􀁳􀀬 drafts, or the like of any meeting h,d,j 􀁢􀁾􀁲􀀧 :\dJislJn, it:1 council, Dr it:> 􀁲􀁥􀁰􀁲􀁣􀁬􀀧􀁩􀀨􀁬􀁮􀁴􀁡􀁴􀁩􀁶􀀨􀁾�
� 􀁲􀁥􀁬􀁡􀁴􀁾􀁬􀁜 to the Property. Page 7
_&UA¥iifi¥t.lItW li4il"l.l. II AUG,-01'03(PRI) 10:01 II., . 1,1 1· :lunJ IHI: 2 7 FJl.X f\ 7 2 4I) HI I; III TEL:972 422 9322 DAVID GDODMAN & MADULH Respectfully 5ubmined, DAYlD, GOODMAN
& MADOLE, A 􀁐􀁲􀁯􀁦􀁾􀀺􀀧􀁩􀀮􀀩􀁩􀁯􀁮􀁡􀁬 Corporation P. 010 􀀺􀁾􀁕􀁉􀀧􀁬􀁮 By: -;JnJ 􀁦􀁾􀁾 Mark A. Gnoclrou State Bar No, 08156920 Two Lincoln Centre 5420 LBJ Freeway, Suite] 20U
Dflilas, Texas 75240 972/991-0889 972/404·0516 Telecof)ier ATTORNEYS FOR UEFENDANT 276 TRUST CERTlFICATE OF S,ERVICE I crmify that (In JuJy.J r l 2003, Q crue and correct copy of Defendant
276 􀁔􀁮􀁾􀁾􀁴􀀧􀁬􀁩 􀁆􀁩􀁲􀁾􀁬􀀮 Rcqu"st for Production of Documents to Plaintiff was served via certified maU, rerum 􀁲􀁾􀁣􀁣􀁩􀁰􀁴 requC:!Hc:d to tl1c following counsel of record:
Luwi:; L, 􀁬􀁾􀁕􀀴􀀱􀁣􀁫􀀤 Gay, McCall, .I.'laa,cks, Uordon & 􀁒􀁯􀁨􀁾􀁾􀁲􀁴􀁳􀀬 P.C. 7777 Eft!!l 15'h Street PJl1no, Texas 75074 Page R
-UU'4ilM.lit • AUG. -01' 03(PRI) 10:01 lJ\'[) If 2003 09;:!7 fAX 01:!HI.jI"IGll3 TEL:972 422 9322 IlAVlD GOO(JM..l,N & l'IADoI.F CAUSE NO. CC-03-0J 967-B P. 011 :1. tJ 1(i TOWN OF ADDISON,
TEXAS, §§ Plaintiff, § v, §§ ABSOLUfE SYSTEMS, LTD., 276 TRUST § AND MERRlLL LYNCH BUSINESS, § FINANCIAL SERVICES, TNC., §§ Defendants. § TN THE COUNTY COURT AT lAW, NUMBER 2 DALL.'\S
COUNTY, TEXAS DEFfNDANT 276 TRE[I"S FlBST RRQ.P..EST )1'Oj{ 􀁁􀁄􀁍􀁉􀀮􀁾􀁓􀀮􀁬􀁏􀁎􀁓 '1'0: Town of Addi!\oQ, Tt:xlI.9. py and through its attorney of record, Lewis L Isaacks, Oay, McCnl1,
Isaack'), Gordon & Robel1s, P.C., 7777 East 151h Street, Plnno, Texas 75074 Defendant 776 Tru:>l (herein 􀁜􀀧􀁄􀁾􀁦􀁥􀁮􀁤􀀡􀁬􀁊􀀱􀁴􀀢􀀩 serves tht.: folJowinR 􀁒􀁾􀁱􀁵􀁥􀁳􀁴􀁳 for 􀁁􀁤􀁭􀀮􀀮􀁩􀁳􀁾􀁩�
�􀀩􀁮􀁳 upon Plai."tilT Town uf Addison in aCC(1rdance wjth the TexlIS Rules or Civil Procedure. 1. /.76 TrwolI incorpOrLltcs by reference 􀁾􀁳 though fully set forth berein the d(!flnitions
unci instrucr.ioils contLLitltd in 􀁝􀀩􀁥􀁦􀁾􀁮􀁤􀁡􀁮􀁬 276 􀁔􀁲􀁴􀁬􀁾􀁴􀁴􀀧􀁳 First. Set ofInterrogl1tories tel Plaintitf II. REQllIdST 􀁬􀁾􀁑􀀮􀁬􀁬􀁁􀁐􀁍􀁉􀁓􀁓􀁉􀁏􀀡􀁹􀁓 Rf.,J)Uf,ST
Nf l. 1: The 􀁓􀁪􀁧􀁮􀁩􀁬􀁴􀁬􀁕􀀧􀁾 Blidgf.! over Midway Road is expected l() come ilS close :lS tlu'ce feEl 10 􀁔􀁨􀁾􀀺 hniJding on Ule 􀁐􀁲􀁯􀁲􀁾􀁲􀁴􀁹􀀮 􀁁􀁾􀁍􀁬􀁔 OR PENY: !!J!:QUES'INQ:...2:
It is estimated iliat 􀁾􀁰􀁰􀁲􀁯􀁸􀁩􀁭􀁡􀀮􀁴􀁣􀀡􀁹 25,000 cars will 􀁰􀁡􀁳􀁾 over the Siglln1nrc Bridge over r...Hdw£lY Road em u dally basis. pf,FENDAt-!'T' 7.76 􀁔􀁒􀁊􀁉􀂧􀀮􀀧􀁴􀀮􀁩􀁲􀀺􀁉􀁲􀁬􀁾􀁔
REOUfST 􀁲􀁏􀁾􀀮􀁁􀁄􀁍􀁉􀀸􀁓􀀡􀁑􀁎􀁓 Page 1
_UU;:SilbulitW iSiilti.t.t. f AUG .... 0I' 03 IFR1) !0:0! II 􀁾􀀧􀁦􀁊 [/200:1 uQ: 􀁾􀁩 􀀯􀁬􀀱􀁾􀁘 1172,IO,1051U !\J)MITJ).R 􀁄􀁅􀁎􀁙􀁾 TEL:972 422 9322 DAY III GOODMAN & hlADOLE P. 012
'.jtjUll 􀁒􀁆􀁾􀁑􀁉􀁊􀀮􀁅􀀮􀁓􀁔NQ.,.,J: It 􀁾􀁓 estiruClted thut the 􀁡􀁶􀁾􀁲􀁡􀁧􀁃􀀡 rate ofspeed over the Signatmc Brid ge ot Mi(./way ROl.ld will be flppwxiroate!y 40 miles per hour.
􀁾􀁬􀀡􀁍􀁊􀁔 0B DENY: 􀁒􀀮􀁾􀀺􀁑 llEST NO.4: The tn1ffic pWf9ing over the 􀁓􀁾􀁧􀁮􀁡􀁴􀁵􀁲􀁥 Bridge near the Property wiU CHWJt noi:..: that ha:;; not 􀁢􀁬􀁾􀁬􀁾􀁮 heard at 􀁔􀁨􀁾 PropertY
hefore the cunstrucuon 􀁯􀁦􀁴􀁨􀁾 Bridge. AJ)l'v(fT OR 􀁄􀁒􀁾􀁙􀀺 REQUEST NQ. 5: The SignaCU!tl Bridge over Midway Road will 􀁣􀁲􀁥􀁩􀁊􀁬􀁾 safety risks for lhose park.ing 􀁢􀁾􀀩􀁊􀁯􀁷
ihl;: bridge uL the Pmperty. RfJllmHI NO.6: The Signarure B:ridge ovtr Midway Road will creOle 􀁾􀁡􀁦􀁥􀁴􀁹 risks for those pn.rking around 􀀱􀀧􀁨􀁾 􀁢􀁲􀁩􀁤􀁾􀁥 at the Property. RF,QUE$:t...N.Q!.7.:
The 􀀻􀁜􀁲􀁡􀁰􀁾􀁊􀁬􀁯 Road Expansion will pr(:c!ude 􀁃􀁾􀁲􀁌􀁡􀀮􀁩􀁮 􀁴􀁮􀁾􀁲􀁲􀀬􀁬􀀨􀀮􀁳 from using a !o[\jing cI ,)ck at 􀁮􀁬􀁾 􀁐􀁲􀁯􀁰􀁾􀁲􀁴􀁹􀀮 RE,QUJ<:ST NO.8: Prior to construction
oflhc Signature Bridge over Midway R(lad, 􀁴􀁨􀁾 huilJinl] al1he Prape'rty 􀁗􀀺􀁊􀀮􀁾 remed 10 (1 commercial tenant, MBNA. 􀀬􀀡􀀮􀁜􀀮􀁰􀁾􀁬􀁲􀁏􀁒 nEN.X: Page 2
IC AUG, -01' 03(FRI) 10:01 􀁄􀁾 􀁏􀁬􀀬􀀧􀁾􀁄􀁄􀁊 􀁏􀁕􀀺􀁾􀀷 FAX 􀁮􀀷􀀲􀂷􀁉􀁄􀁾􀀰􀀵􀀱􀁾 TEL:972 422 9322 DAYID 􀀨􀀻􀀨􀁊􀁏􀁴􀀾􀁾􀁉􀁁􀁎 & MADll(.E P. 013 :t Ii I:: .!i-'f:QUEST NQ.:-2:
Tho Arapaho RlHId 􀁅􀁘􀀢􀁰􀀧􀁬􀁬􀁬􀁳􀁩􀀨􀁾􀁮 liS it 􀁲􀁤􀁡􀁬􀁾􀁳 to the Property will cau:;, a decrease in lilt: fair mllr!<et vrUue of the Propl.:rty. @MITort DENY: RF.,QfJEST NO. 10:
As uf U'je uul.t: of the sending of 􀁴􀁨􀁾􀁳􀁣 Request for Admissions, Addis(m 11lLS yet to provide 276 Tru.9t with the finaJ phm:l for the Ampaho .Road ExpLUlsion as it 􀁲􀁥􀁬􀁬􀀱􀁴􀁾􀁾
II) The Properry. . ADl\,flT QRDEl'JY: 􀁂􀀮􀁅􀁾􀁵􀀺􀁅􀀮􀁳􀁉 NO. 11: Evnluation 􀁁􀁾􀀡􀁬􀁄􀁬􀀺􀀺􀁩􀁡􀁴􀁥􀁳 Wi1!l t::mployt:d hy Addison to l1Ssi!lt them in rhn cv31uCiliou of the Property
for l:.llffipensation 􀁲􀁾􀁬􀁡􀁴􀁥􀁤 to tlit right of way. nOOlJlLST 􀁾􀁏􀀮 12: :\s p:trt 1;[" EvalufI,tion Association'll cvaJuation of the Property, it (,l()T,;:;dered many physillllJ
and economic fUClorS. 􀁅􀀩􀁾􀁑􀁬􀀮􀁔􀁅􀁓􀀮􀁬􀁾􀁎􀁏􀀮􀁊􀁊􀀺 The Arapaho Road Expansion and SignaNrt·, Bridge, as it 􀁊􀀧􀁾􀁬􀁡􀀮􀁴􀁥􀀹 to 􀁉􀁨􀁾 􀁐􀀺􀀢􀁯􀀧􀁾􀁉􀀻􀁬􀁩􀁹􀀬 willlihly calise
tilt.: Property to become more industJ'inl in natlm:, 􀁾􀀬􀁄􀀮􀁬􀁖􀀱􀁔􀀮􀁲 OR 􀁮􀁊􀁾􀁎􀁬􀀺􀀺􀀺 􀁈􀁅􀁑􀁬􀁔􀁾􀁗􀁛 NO. 14: The Arapnho Road Expansion and Signamre Bridge ovr.r Midway Ro-;'Ld
will pl'eclmlc }76 Trllst from building a meZl.<U1ine level al the 􀁢􀁵􀁩􀁬􀁤􀁩􀁮􀁾 on the PropertY. Page 3
i1:a':i#UII:iJiPltI, AUG. -a}' 03(PRI) }O:I)} TEL:972 422 9322 DAVID GOODMAN & HAD0LE p, 014 IfC. u l.j REOrJF.,ST NO. 15: Uability insurance rates with respect to the Property will
risc as a result oflhe Arapa.ho Road F:xpansioll MId the Signarure Bridge over Midway Road. APMlT OR DKl.S:X: )t.R.QTTILST-.NO. l6,: Rental 􀁲􀁾􀁴􀁾􀁳 for the Property will decrea!lt:l
as a result oftbe Ampaho Road FxpansillJl and the Signature: Bridge over Midway Rond. 􀁒􀁴􀁩􀀺􀁑􀁕􀁅􀀮􀂣􀁃􀁎􀁏􀁾􀁊􀀷􀀮􀀺 Addison's prior offer mllde to 27(, Trust 􀁗􀀨􀁜􀁾 not bust!d
on any exacl ]ocfltion of tlw 􀁢􀁲􀁩􀁤􀁧􀁾􀀮 }{jI;QUt:J'iT NO. 18: In July ?002, Addison said the Signature Bridge would 􀁢􀁾 r,en feet from 􀁬􀁨􀁾 bujliling ill 􀁴􀁨􀁾 Property, 􀁒􀀮􀁅􀁑􀀧􀁬􀁬􀁾􀁓􀁔
NO. 19: lu Apn12003, Addi!ion said the Sigllarure Rridge would be. three fCel frOIn the bllliding lit the property. HfD1LE-,9TNO.•􀁾􀁏􀀺 AI) ofthis date. Addillon Cannol confilm the
hl!jght unuer the Signature Bridge, Pa.ge 4
iJlliji.l"n.XMiI••􀁩􀀻􀁙􀁾􀀧􀁚 ,J.iiltl;J.U_:I.illijilflli...."It L AUG, -01' 03(FRI) 10:01 lib/1I1:;;OD3 00:::5 I":\,X On·W<!OG1U '.-/TEL:972 422 9322 D.-\VlL1 GI)llvMAN I" MADOLE p,
015 􀀺􀁾 (Ill BlUllJ.F.ST NO.'ll: As Dfthh; date, Addison cannot confinn the 􀁵􀁾􀁵􀁢􀁩􀁬􀁩􀁴􀁹 of parking WIder the Signuture Bridge. 􀁾􀁕􀁍􀁬􀁔 OR PEN}': REQlitSI NO. 22: As ofthiil
daw, Addison oannut confirm the number of parldng spaces UI,der the Sign[lturr:: BridBe. il. RE_fl'IJEST 􀁾􀁏􀀮 23; The cost to operate 􀁾􀁨􀁥 building will increaso due to tile Signamre
Bridge.REQUli$T NO..24: .'\ddison has not. 􀁡􀁤􀁤􀁬􀀢􀁥􀁾􀀬􀁳􀁥􀁤 the maintemmce of the 􀁰􀁡􀁲􀁫􀁩􀁮􀁾 lot at the PrCI[.1trty. 􀁒􀁽􀁯􀀺􀁏􀁊􀁉􀁅􀀸􀁉􀁟􀁾􀀬􀀮􀀲􀁾􀀺 A(ldison mfuscd to Jet
the parties' 􀀨􀁬􀁰􀁰􀁲􀁡􀁩􀀵􀁬􀀡􀁾􀁓 met:t to 􀁤􀁩􀁳􀁣􀁵􀁳􀀮􀁾 vaj,ws Wllh 􀀩􀀧􀁥􀀵􀁰􀁾􀁾􀂷􀁴 to the Propl:.rty. 􀁒􀁅􀀮􀁑􀁬􀁭􀁓􀁬􀀧􀁊􀁾􀁯􀀮 2fi: Addison refused to allow an indepenctem
third appriliser to 􀁲􀁮􀁾􀁥􀁴 with Addison 's apprnis(,;r and '},7(j Trusf.'S appraiser with 􀁲􀁥􀀮􀁾􀁰􀁣􀁣􀁴 to the PropCI'tY, ADMIT.OR 􀁮􀁬􀀱􀁾􀁎􀁙􀀺 Page 5
􀂷􀁾􀀨􀂥􀁩􀁑􀂥􀁩􀁩􀁬􀁽􀀻􀁴􀀮􀀮􀁩􀀧􀀡 i. AUG. -01' 03(FR1) 10:02 ..../' TEL: 972 422 9322 DAVID GOODMAN &UADOLU Respoctfully submincd, DAVID, GOODMAN & MADOLE. A Professional Corporation
By: Mark A. OOl1dmun 􀁓􀁴􀁡􀁴􀁾 Bar No. 08156920 Two 􀁌􀁩􀁮􀁾􀁯􀁬􀁮 Centre 5420 LRJ Freeway, 􀁓􀁾􀁩􀁴􀁣 1200 Dalla.'l, Texas 75240 972/991-0889 972/404-0516 Tclecopier ATI'ORNEYS POR
DEFENDANT 276 TRUST P. 016 􀁾􀁊􀁆􀁉􀁃􀁁􀁔􀁅 OF SERVICE 1 cend)' that on July ;20, 2003, a true nnrJ correct copy of Defendant 276 Trus1' s First 􀁒􀁣􀁱􀁵􀁾􀁳􀁴 for Admissions was served
via certifled mail, return receipt requested to me following (0 Wl,ill.'! ofrecurJ: 􀁌􀁬􀁾􀁷􀁩􀀺􀀺􀀻 L. 􀁲􀁾􀁈􀁜􀀴􀁬􀁣􀁫􀁳 (iflY, McCull, 􀁊􀀮􀁾􀁭􀁬􀁣􀁫􀁳􀀬 Gordon &. 􀁒􀁯􀁢􀁾􀁉􀀱􀀵􀀬
P,C, 􀁰􀁃􀁏-􀀭-􀁾 7777 East 151h 􀁓􀁬􀁲􀁾􀁃􀁌 Pluno, Te:'(f\S 75074 Mark A,. Goodman f Page 6
-U4;:;Ili¥t.I,. itaiM'lei. F AUG, -01' 03(FRI) 10:02 TEL:972 422 9322 DAVID GOODMAN & UADULE \...-/􀁃􀁁􀁕􀁾􀀻􀁅 NO, CC-03-01967-B p, 017 􀁾 IHO TOWN OF ,o\DDTSON, TEXAS, §§ Plain1iff,
§ v. §§ ABSOLUTE SYSTEMS, LTD" 276 TRUST § AND MERRILL LYNCH LH.lSINBSS, § FINANC1AL SERVICES, INC" §§ Defenchmts. § IN TIlE COUNTY COURT AT LAW, NUMBER 2 DALLAS COUNTY, TEXAS DlTF£NJ1ANT
17(, TlUJST.'.!"..EIRST SET QJ.' INTERI{OGATOlUES T.PPLAlNllEE TO: TCII,vr; of Addison, Texas, by f\!Jd through ItS attorney of record, Lewis [., ISa3ckH, Gay, McC111, ISa!Il.:k:" Gordon
& Rohcns, p.e., 7777 East 15"1 Street, Plano, Texa.:; 75074 Dl1l'l'.ndant ']/"16 Trust (haein IIDefendal1t"), herl;:by 􀁾􀁥􀁲􀁶􀁥􀁳 the folloWing InterrogLltories upon Plnintiff TOWIl
of ..\ddison, '1\:Xfl9, u.nd requests that flJlIlWerS tht:reto, unrll!l' oath, br.: made within t.h1rty (JO) 􀁤􀁾􀁉􀁙􀀮􀀧􀁩 I'fom service 􀁨􀁣􀁲􀁾􀀨􀀩􀁦􀀬 in ar.corQ£lJ1Cl: with the
Texas Rliles of Civil Procedure. J. IlEFINITIONS AND 􀁾􀀬􀁾􀁔􀁒􀁕􀁃􀁔􀁬􀁐􀁎􀁓 1. As used heroin the 􀁴􀁾􀁲􀁭􀁳 "you,p I'your," "Addison," or IIPlallltiff," sh:LiI mean Town ,)f Addison,
TexEl.S1 􀀱􀀧􀁬􀁡􀁩􀁮􀁴􀁩􀁦􀁦􀁬􀁈􀁾􀁲􀁥􀁩􀁮􀀬 and all representatives who acted or 􀁐􀁕􀁲􀁰􀁄􀁲􀁴􀁾􀁣􀁴 1[) act On Town of Addison's bt:half. 2. These 􀁬􀁬􀁾􀁱􀁜􀀮􀁬􀁥􀁳􀁌􀀡􀁩 :-lcek
􀁡􀁲􀁬􀁳􀁜􀁾􀁥􀁲􀁓 "MITent to 1'11e date of 􀁲􀁥􀁳􀁰􀁯􀁬􀁬􀁳􀁾􀀬 and fi.Hther shall be dcemec.l f() 􀁢􀁾 􀁾􀁯􀁬􀀮􀁬􀀱􀁩􀁮􀁵􀁩􀁮􀁾under 􀁴􀁨􀁾􀁾 Texas Rules ofCivil Proccdllre S0 That
any additional infoml.ation relating iu any way to these 􀁲􀁴􀁾􀁃􀁽􀁬􀁬􀁥􀁳􀁴􀁳 thm you acquire or that becomes ImoVffi to you up to and 􀁩􀁮􀁾􀁬􀁵􀁊􀁩􀁮􀁧 thl': lime of tri.u 􀀮􀁳􀁨􀀮􀁾􀁴􀁬􀀮􀀱
be fu1'l1ished to Defendant pt;omptly lmer 5\ICh inforUlution is 􀁡􀁣􀁱􀁵􀁩􀁲􀁾􀁤 or 􀁢􀁾􀁴􀀺􀁯􀁭􀁥􀁳 known. P<l.ge 1
.&445'iJ¥t.lii!W .Site.,.].. :1••·ktiOOi.;.(lu f: AUG,-01'03(FRI) 10:02 II:, OJ 'zona 011; 20 F.U 􀂣􀁩􀀧􀁪􀀧􀀲􀁾􀁯􀁾􀁯􀀵􀀱􀁥 TEL:972 422 9322 DA" rD Gl'llllHIi\N /I., MADOLE p, 018 :(:
UJ i 3. As used herein, the term "c!ocumt:nl" mt:ans any 􀁭􀁾􀁣􀀱􀁩􀁜􀁬􀁭 upon which iutulligt:llcl..: or infNtHl1liOIl em. be recorded Or retrieved, amI includes, wh.hout limitation,
􀁴􀁨􀁾 original und each copy, 􀁲􀁥􀁧􀁉􀁬􀁔􀁤􀁬􀁾􀁾􀁳 of nriBin aJ1d 􀁉􀁬􀁊􀁣􀁾􀁴􀁩􀁵􀁮􀀬 of any book, pamphlet, periodical, lener, memorandum (including any memorandnm ur rcporl of
a 􀁭􀁾􀁥􀁴􀁩􀁮􀁧 or 􀁣􀁑􀁮􀁶􀁣􀁮􀁾􀁾􀁴􀁩􀁯􀁮􀀩􀀬 invoice, bill, 􀁯􀁦􀁤􀁾􀁬 furm, 􀁲􀁾􀁣􀁾􀁩􀁰􀁬􀀬 rmtmclol statement, account ellU)', diary. cwcndLU", telex, teleGram, cable. rcpon,
record, contract, agreement. 􀁾􀁴􀁵􀁤􀁹􀀬 hundwl'i1terl note, dr!lft, working paper, chllrt. pltper, priOl, laboratory I record, drawing, :.kl:tch, gTi'pn, 􀁪􀁮􀁤􀁾􀁸􀀮􀀬 li!,t. lape,
pbotograph, microfilm, dat:.l 􀁳􀁨􀁾􀁥􀁴 or data processing card, OT My other written, I'ecordt:u, 􀁴􀁲􀁵􀀮􀁬􀁬􀁾􀀨􀀻􀁲􀁩􀁢􀁣􀁤􀀬 stored 0/1 Ji:lk. plmchcd, taped, filmed, or grllphic
􀁬􀁾􀁡􀁮􀁥􀁲􀀬 howt:\'t:r 􀁰􀁲􀁯􀁤􀁬􀀱􀁾􀁣􀁣􀁬 or 􀁲􀁾􀁰􀁲􀁯􀁤􀁌􀁬􀁣􀁴􀀺􀁤􀀬 which is in Town of Addison's possession, custody, or over which she has canuel!, 4, As used herein, "idcmify"
(lr tn give the "identitY" of means: (i) in 􀁬􀁊􀀱􀁾 􀁣􀁡􀁳􀁾 of u􀁰􀁥􀁲􀁾􀁯􀁰􀀬 to state: (a) murre; (h) j(l!lt known residence address and phone uumber; (c) 􀁉􀁾􀀬􀁳􀁴 knliWll l,:lIlp!oytr
or 􀁢􀁵􀁳􀁩􀁮􀁬􀁾􀁳􀁳 affiliRtion; and Cd) last known occupation and bU:lint:ss position hdd; (ii) in the 􀁃􀁦􀁬􀁓􀀨􀁾 ofl\ companyI to state: (a) mum:; (b) place of incorporation; (c)
principl.ll place ofhl1sil1ess: and Cd) the "identity" ofpersons having knowledge Dfthe ma.tter with respect to which lhc \:OJTIPl1l1Y is mum:d: (iii) in t.lw 􀀨􀀱􀁡􀁾􀀼􀀻􀁬 of a document,
to state: Page 2
-iUiQitI¥i.lii .ta,Wlln, AUG, -01' 03(FRI) 10:02 TEL:972 422 9322 IlAV 1D Glil)DMAN &. M.'\Drtr.£ 􀀬􀁾 p, 019 4!J 􀁕􀀡􀁾 (3.) the "idlmtiLyli of the pcrAons preparing it and the sl:nder;
lb) its title or 11 description orthe 􀁧􀁾􀁮􀁥􀁲􀁾􀁬 nature of its subject monee; (c) the 􀀢􀁩􀁤􀁾􀁮􀁜􀁩􀁲􀁹􀀢 of the 􀁡􀁤􀁤􀁲􀁥􀁳􀁳􀁥􀁾􀀺􀀻􀀬 if any; Cd) lr.s dates ofprepl:lIation;
􀀨􀁾􀀩 it., dales ltnd murmer of distribution lind pUblication, if !U'\y; Cf) location 0 I" each copy and the "identity" of 􀁰􀁲􀁾􀀡􀀱􀁥􀁮􀁴 custodian; (I::) the "identitY" oFpersons
who can "iclL':ntify" it; and eh) if a privilC'.ge is chlirned, the specific 􀁢􀁡􀀮􀁾􀁩􀁳 􀁴􀁨􀁥􀁮􀁾􀀺􀁦􀁯􀁲􀀻 (iv) in the 􀁃􀁩􀀱􀁾􀁥 of a communicuLion to stute: (a) " 􀁢􀁲􀁩􀁥􀁦􀁤􀁥􀁾􀁩􀁣􀁲􀁩􀁰􀁴􀁩
􀀨􀀩􀁮 of tile subjcd matter ofthe commuruci'\tj(m; (b) the date when it look place; (c) the meami of corrunullication; (d) the place or places where it occurred; and (u) the 􀁪􀁤􀁾􀁬􀁬􀁴􀁩􀁬􀀮􀁹
ofench party who participated in 􀁴􀁨􀁬􀁾 communication. 5. IfYOll Qbjecl to or otherwise decline to lU1swer any portion of any 􀁲􀁾􀁱􀁵􀁥􀁳􀁴􀀩 provide all infmmation called for hy
thul. portiwl of I.he request to which you do not object or to which you do not. dcclint.: [,) 􀁾􀀭􀀱􀁮􀁳􀁷􀁥􀁲􀀮 JfYOlJ objcci Lo a. 􀁉􀀧􀁾􀁱􀁵􀁥􀁬􀁩􀁴 on 􀁔􀁨􀁾 ground that it is tau
broad (Le., that it caJls tOT information that is rclevElllt [0 􀁬􀀧􀁨􀁾 ,';uhject m.atter of the action and infOlTIlEltion that is not), 􀁔􀀧􀁲􀀨􀀱􀁜􀀧􀁩􀁤􀁾􀁾 􀁾􀁕􀁤􀁬 information
US is r.oncedl;tlly relevant lfyon object to a request on the gl'ound that to provide: an 􀁌􀁬􀁬􀁬􀁾􀁗􀁣􀁲 would cDnstitute all 􀁬􀁬􀁮􀁤􀁬􀀱􀁬􀁾 burdc.m, provide such requested infomll1tion
􀁡􀁾 can be supp1i(:J v.rithout undertaking all undue burden. For 􀁴􀀺􀁨􀁯􀁾􀁾 􀁰􀁯􀁲􀁴􀁩􀁯􀁮􀁾 oh request to which you object Or otherwLse decline to an$wer, R1ale tilt: reason for
􀁾􀁌􀁬􀁣􀁨 objection or declinatioll. If you ohjcct to /Uly pOltioD (If a request tll! tht: 􀁥􀁾􀁯􀁴􀁬􀁩􀁬􀁤 rhfll it seeks privileged information, identify all 􀁰􀁬􀀺􀁲􀁾􀁯􀁮􀁳 to
_944;*,J$..I'R 2liCe AUG, -01' 03(FRI) 10:02 "-,,j III ';;riLlJ Uf!: .)11 F:\.X B7:!,IO·Hi510 TEL:972 422 9322 lJAV Iil 􀁾􀀨􀀩􀁵􀁏􀁾􀁉􀁊􀁜􀁎 & MADOLl:: p, 020 tm III Ii whom such inl(Jrmation
was and has been communicated, the generul nature of :l\lch infonnl1tion, t.be ni'lt Ure oflhe prjvilege 􀀡􀁩􀁓􀁳􀁾􀁴􀁴􀁥􀁤􀀬 and the dates of any comm1.U1ications or docwncnts for which
the pri viJegt is assi,ml;:c!. 6. As llsed herein, the word "person" 􀁩􀁮􀁣􀀱􀁵􀁤􀁾􀁳 l1ilmral 􀁰􀁴􀀺􀁔􀁾􀁏􀁮􀀡􀀻􀁊 propri(':lorships, partncT!lhips, finns, corporations, public corporations,
municipal COrpclffHions, federu.l. state and local 􀁧􀁯􀁶􀀨􀀮􀀺􀁭􀁭􀁾􀁮􀁴􀁳􀁜 all l.kparuncllis and agel1cies tht:reof, any otht;r govemmClnttU agencies, political wbeE vj!::ion.·;,
􀁧􀁊􀁏􀁜􀁬􀁐􀁾􀀮 associaliutls or oqpnli7.tltions. 7. As \J:icd hc:rei", tile term "date" mCtlnll the exact l.!uy. month and year, if asccll1ainable, (lr, iL,01, yO\ll' best "pproximation
􀁴􀁨􀁥􀁲􀁾􀁯􀁦􀀮 8. 􀁗􀁨􀁥􀁬􀀧􀁌􀁾 appropl'iu,tc in the context of lLn interrogiltury or a 􀁲􀁾􀀡􀁩􀁰􀁯􀁮􀁳􀁥 􀁴􀁨􀁾􀁲􀁌􀁜􀁴􀁯􀀬 the singular 􀁾􀁨􀀺􀀺􀁬􀁬􀁬 mo:ll1 the plur:l1, me 􀁬􀁔􀁉􀁵􀁳􀁾􀁵􀁬􀁩�
�􀁥 gLJnder shall 1l1can the 􀁦􀁾􀁲􀁮􀁩􀁮􀁩􀁮􀁥􀀬 amI vice versa. 9. As 􀁵􀀮􀁾􀁌􀁾􀁤 hert'inl.he temlS "276 Trust" or "DefcmlLml" shaH 􀁮􀁬􀁌􀁾􀁩􀁭 276 TnJst, Defendant herein, :.Jl"ld
:.1! 􀁲􀁾􀁲􀁲􀁾􀀮􀁳􀁥􀁮􀁴􀁡􀁴􀁪􀁶􀁥􀀤 who aCled or purported to act on its behalf. 10. As u$t:d herein. the term "Propeny" 􀁾􀁨􀁡􀁬􀁬 mean 4139 Centurion Way, Addison, Dalla:) Cn1Hny,
Texlls, 11. The conjunctiL111S "and" Clnd "or" ;;halJ each hll individuoUy interprutea ill every illSlanr.c :13 lllMning "and/or" Qnu i1hall nol be interproted disjtUlctively to 􀁾􀁸􀁤􀁵􀁤􀁥
any information fHherwlsl,; 􀀱􀁖􀀧􀀱􀀧􀁨􀀮􀁾􀀱􀀱 Ule scope uf any SptlL"jficatiol1, Pi:4ge 4
_a;;;;,nt.lii! ik_iitC.in._:I:atilM:II:IJi_v;ln, AUG. -01' 03(PRI) 10:02 􀀬􀁉􀁉􀀮􀁾 . 1I1 ' 21'111 􀁾 [} fI : J 0 Fi\X (l'i' 2·1 0􀁾 L\ Sl11 ..../TEL:972 422 9322 DAVID 􀁾􀁯􀁮􀁄􀁍􀁁􀁎
& MADOLE 􀀮􀁾 _".f n. 􀁊􀁾􀁔􀁅􀁒􀁒􀁑􀁾􀁁􀁔􀁊􀁽􀁒􀁉􀁾 P. 021 􀁾 􀁯􀁾􀁯 􀁉􀁎􀁴􀁅􀁒􀁒􀁏􀁇􀁁􀁔􀁏􀁒􀁙􀁾􀀺 If you contend that any of the 􀁯􀁰􀁩􀁮􀁩􀁯􀁈􀁾 􀁾􀁥􀁴 forth in the 􀁡􀁰􀁰􀁲􀁡􀁬􀁾􀀢􀁬
of Brian E. Shll1er flTe inaccurate, then for each such opinion, state the following: i'I. The specific opinion yOll 􀁢􀁣􀀺􀁬􀁩􀁾􀁶􀁥 is inaccurate; b. 'The reason hlT your conlt:ntion;
c. Identify 􀁾􀁴􀁮􀁹 documents or other tangible cvi,knt:e that you will rely on to refute such opinion; IUld d. (fyou have a contrary opinjeJn, stale same and identitY aU 􀁤􀁯􀁣􀁬􀁕􀁮􀁥􀁮􀁴􀀧􀁾
supporting your contrLU"}' OpiJlion. ANSWER: JNTERR..Q(';A,TORV 􀁎􀀨􀀩􀁾􀀺 Please idcn'tify all individuals who answered tht:sc Inrerrugarories, and [Dr each specific individual, idemity
those 􀁬􀁮􀁴􀁥􀁲􀁲􀁏􀁂􀁡􀁴􀁯􀁲􀁩􀁣􀁾 t.hat person I!!iliisted , . In al15wcn.ng. !.\NS\VER: 􀁉􀁎􀁔􀁉􀁉􀁾􀁒 RQGATOHY NQL3,; 􀁐􀁊􀁥􀁡􀁳􀁾􀁾 iJtntify each 􀁰􀁴􀀺􀁲􀁾􀀨􀀩􀁬􀁬 whom you havL:
uve! reta.ined or .'ipecifica11y employed as an r.x,tJm in al'itir.iplltian of this 􀁬􀁩􀁴􀁩􀁾􀁵􀁬􀁩􀁯􀁮 or preparuliun formal and who is ijot 􀁣􀁘􀁉􀀧􀁴􀀡􀁬􀀺􀁾􀁣􀁤 to be cllllod as
an expert witness but 􀁷􀁨􀁯􀁾􀁣 opinions, 􀁩􀁭􀁰􀁲􀁴􀀺􀁳􀁾􀁩􀁯􀁮􀁳 or work prociuct have beerl H'vicwcd by a 􀁴􀁾􀁳􀁴􀁩􀁦􀁹􀁩􀁮􀁧 expert. For each such l.:xpurt) identify ll.ll docU1nents
and 􀁲􀁣􀁰􀁯􀁲􀁴􀁾 made, 􀁰􀁲􀁣􀁰􀁡􀁉􀁾􀁤􀁬 or 􀁲􀁥􀁶􀀮􀁩􀁾􀁷􀁣􀁤 by such expC:I'I:-:. INTRRHPGATORY 􀁾􀀮􀁮􀀮􀀺􀀮􀁁􀀺 Identify any property wh.ich Addison has taken or obfained (lYl:f
the pas! two ytars, whcthL:l' In whole or III part. with resp(!ct to the 􀁁􀀮􀁲􀁡􀁰􀁾􀁨􀁯 Road EXpi'U1Sion, rNIFJ!RO...fr!\'T'ORY 􀁎􀁏􀀮􀁾􀀺 With 􀁲􀁾􀁳􀁰􀁣􀁣􀁴 to each property 􀁩􀁤􀁥􀁮􀀬􀁴􀁩􀁦􀁩􀀬�
�􀁤 in the previous TntclTo gator)', state the naturt: of the taki.ng, the compt:nsation paid, and idemi fy thC:! property owner. Puge 5
_:I¥Gf¥ilfm••i,lW iSiml..l. 􀁟􀀺􀁉􀀮􀀧􀁾􀁓􀁓􀀺􀁩􀁬􀁪􀁬􀁩􀀮􀀢􀀮􀀺􀁴􀁴􀁬􀁬 AUG. -01' 03(PRI) 10:02 􀁏􀁾􀂷􀁕􀁉􀀯􀀲􀁕􀁮􀁊 􀁏􀁂􀀺􀁾􀁬 PAX 􀁁􀀷􀀲􀁾􀁏􀁾􀀰􀀵􀀱􀁤 TEL:972 422 9322 DAVID c;OODMAN
& 􀁍􀁁􀁄􀁬􀁬􀁉􀁊􀀻􀁾 􀁾 􀁬􀀩􀁾 I P. 022 􀀡􀀱􀁩􀁔􀁉􀁾􀁒􀁒􀁑􀁲􀀮􀁁􀁔􀁏􀁈􀀬􀁙 NQ.....6.: TclcmtJry each and every condemnation proceeding init.ialtld by Addison, 􀀨􀁯􀁴􀁨􀁾􀁲 \:han the
instant lawsuJt), and which is relnteJ to 􀁴􀁨􀁾 Arapaho Road E)(lla.nsion. Identify such proceeding hy indicatlng the file or cnUse n\lmber, the style ofthe case, and 􀁴􀁨􀁾 current
status of ;,uch J.itigatinn. INTERROf'cl,TORY NO, 7: Statome name, address, and tdephone numberofr;:u(:'bexpert witnElss Whll will or may 􀁢􀁬􀁾 called to 􀁴􀁥􀁾􀁬􀀮􀀮􀁪􀁬􀁙 at the trial
of this Cllst. For 1.1l1ch sudl expen, state: A. Tllu Held 􀀨􀀩􀁲􀁨􀁬􀁳􀁬􀁊􀀬􀁬􀁾􀁔 exp(:Jrtise; 8. The: 􀁾􀁵􀁢􀁪􀁥􀁣􀁴 􀁭􀁡􀀨􀁴􀁾􀁲 involved in this law.'Htit of which 􀁨􀁾􀀯􀁳􀁨􀁣
has knowledge: C, Thi,; Identity of the;: work product, opinion, documents or ()ther tlingibk thing pl'epliIed by such non-ttstifyulP: eXpilrJ which maybe USN) by nny resti rring 􀁾􀁸􀁰􀁥􀁲􀁴
at the trial of this c;tse; D. n'£1 dollut amount whil'h said expert 􀁣􀁯􀁮􀁴􀁥􀁮􀁤􀁾 􀁲􀁥􀁰􀁲􀁾􀁾􀁳􀁴􀀺􀁮􀁴􀁳 tlle fair market value of tile property nAilde the basis of this l<lwsuit,
as ofthu dllte of taking; I':, Hi$,''hC!J' opinion as to the 􀁰􀁲􀁾􀁳􀁥􀁮􀁴 and future use and development of the subj(lct property; and F. His/her opinionas tfJ &mY item constituting 􀁤􀁡􀁭􀁾􀁥􀁥 to the remainder of tho ,mbjccl property fi!; Ll result o[ tlle 􀁴􀁾􀁮􀁧􀀮 􀁬􀁎􀀱􀀧􀁬􀁾􀁁􀁁􀀨􀀩􀁕 A1.'QRY NO. R: Wi 􀁴􀀱􀁾 􀁲􀁾􀁳􀁰􀁥􀁣􀁴 to
the Signature Bridge over MlLlway ROlld, state whelilcryoll 􀁢􀁥􀁬􀁩􀁾􀁶􀀨􀀡 􀁴􀁨􀁣􀁮􀁾 will bL: My noise pollution affecting tht: Property. Paee 6
IU,4il1,..i. AUG,-01'03[FRI) 10:02 TEL:972 422 9322 [lAVID GOODMAN & MADOLE P. 023 ;p: a:!:! .-Q􀁾􀀧 .,c:>C--OOERRQGATORX NO,,?-: Arc the plans for the Antpaho Roud Expansion and the
Signature Bridge': over Mlrtwai' Road finalized'! Jfso, pltlLge attElt:h the final plans and !lpl,;cification:; fO your answers hereto [NTER.H.QGATORY NO.1.!!: Ifyou have denied 􀁾􀁮􀁹
ofthc Request for Ac411istlitJllN setved 􀁣􀁯􀁮􀁣􀁵􀁲􀁲􀁾􀁮􀁴􀁬􀁹 􀁨􀁾􀁲􀁵􀁷􀁩􀁬􀁨􀀬 plellsc 􀁳􀁴􀁡􀁴􀁾 ill ul:tail The specific rcilson for 􀀬􀁾􀁡􀁣􀁨 denial. Re9pectfu.!ly submittcL1.
DAVID, GOODMAN & MADOLE, A Professiollt\J Corponltio'n 􀁂􀁹􀀺􀁲􀀻􀁾􀁙􀀯􀀮􀁁􀁁􀀭􀁊 Mark A. Gnlldm Slull:: Bar No, 􀀰􀀸􀁾􀀵􀀶􀀹􀀲􀀰 Two Lincoln 􀁃􀁃􀀡􀁮􀁴􀁲􀁾 5420 LBJ Frl:!eway, Suite
1200 Dallas, Texas 75240 1)72/991-0HH9 9'12/404·0Sl(1 Telecopit:r ATTORNEYS f,'OR DEpENDANT '276 TRUST Pllgc 7
-&4;;;iij€"lita !\IICI.i• 􀀮􀁦􀁬􀀮􀁨􀁬􀁃􀁍􀁩􀁬􀀮􀁬􀁩􀁉􀀣􀁦􀀡􀁩􀁾 􀁩􀁴􀀺􀀦􀁩􀁩􀁬􀁦􀁩􀀧􀀧􀀧􀁩􀀬􀁟􀀺􀁉􀀮􀀧􀁾􀁜􀁍􀀺􀁬􀁦􀁬􀁬􀁩􀀮􀁊􀁮􀀬 AUG. -01' 03(PRI) 10:03 11'\·IlI.'H\[}J L\B:31 PAX \)j',HO·llJ;'IIJ
......./TEL:972 422 9322 IH.VJ[I 􀁇􀁏􀁏􀁄􀁾􀁉􀁩􀁜􀁎 I'. 􀁾􀀡􀁩􀁜􀁮􀁮􀁉􀀮􀁅 . /-,-{]O{TWICATE OF SERYICE p, 024 I?J02.i 􀁉􀁉􀀺􀁾􀁲􀁴􀁩􀁦􀁹 that on July􀁾2003, a tnw and correct copy ofDefendant
276 􀁔􀁲􀁵􀁾􀁴􀀧 s First Sllt 􀁯􀁦􀁉􀁮􀁴􀁥􀁲􀁲􀁏􀁓􀁬􀁜􀁴􀁵􀁲􀁩􀁾􀀺􀀾 to Plaintiffwas served via cL:rli lied mail, lulum receipt requested to the following counsel of 􀁲􀁾􀁣􀁯􀁮􀁬􀀺 􀁉􀀮􀀮􀁾􀁾􀁷􀁩􀁳
L. Jsaacks; Gay. McCaJl, 1!-la'1r.ks, Gordon &: Roberts, P.C, 7777 East. lS lh 􀁓􀁴􀁲􀁥􀁾􀁴 Plano, T􀁾􀁸􀁡􀁳 75074 Marie A. Goodm,m 􀁉􀁊􀁊􀁊􀀲􀁾 I,lGJU (Il()
LAW OFFICES GAY, MCCALL, ISAACKS, GORDON & ROBERTS A PROFESSIONAL CORPORATION 777 EAST 15TH STREET PLANO, TEXAS 75074 972/424-8501· FAX 972/424-5619 OHN E. GAY S YDNA H. GORDON LEWIS
L. ISAACKS T + RACHEL L. KING MARC R. MAY * DAVID MCCALL+ KELLI L. ROACH WILLIAM J. ROBERTS + HEATHER A. SCHAEFER Michael E. Murphy, P.E. P. O. Box 9010 Addison, Texas 75001-9010 August
1, 2003 T BOARD CERTIFIED -CIVIL TRIAL LAW TEXAS BOARD OF LEGAL SPECIALIZATION * BOARD CERTIFIED -FAMILY LAW TEXAS BOARD OF LEGAL SPECIALIZATION + ATTORNEY -MEDIATOR Re: Cause No. 03-01967-B;
Town of Addison v. Absolute Systems. Ltd., et al:. Our File No. 93516.03054 Dear Michael: Enclosed is Defendant 276 Trust's First Set ofInten'ogatolies, Request for Production of Documents
and Request for Admissions in the above case. Please review the same and assemble the documents responsive to the requests. At such time as you have assembled the documents, please call
me so that we may arrange a time to discuss this discovery. Also, please make any comments you have on the enclosed with regard to the Interrogatories and Requests for Admission. At
such time as we meet to discuss this discovery. I will discuss with you each ofthe specific discovery items. Should you have any questions, please do not hesitate to call me. LLlfjbg
Enclosure
03/01/2003 09:25 FAX 9724040516,,,--,,,, DAVID GOODMAN & MADOLE CAUSE NO. CC-03-0l967-B 4J 002 TO\\'N OF ADDISON, TEX.A.S, §§ Plaintiff, § v. §§ ABSOLUTE SYSTEMS, LTD., 276 TRUST § At""TJ)
:tvfERH.ILL LYNCR BUSIl'rESS, § FINANCI.AL SERVICES, INC., §§ Defendants. § IN THE COUNTY COURT AT LAW, N"l..HvIBER 2 DALLAS COUNTY, TEXA.S DEFENDANT 276 TRUST'S FIRST REQUEST FOR PRODUCTI.oN
OF.J)OCUMENTS TO PLAINTIFF TO: Tov,'TI of Addison, Texas, by and through its attorney of record, Lewis L. Isaacks, Gay, 􀁪􀁜􀀱􀁣􀁃􀀻􀁾􀁬􀁬􀀬 Isaacks, Gordon & Roberts, P,e., 7777 East
15th Street, Plano, Texas 75074 Defendant 276 Trust (herein "Defendant"), hereby requests that Plaintiff, Town ofAddison, Tsx2.S, produce for inspection and copying, pursuant to the
provisions of the Texas Rules of Civil Procedure, the follmving designated documents within thirty (30) days from service he,r:eof, at the offices ofDavid, Goodman & Madole, A Professional
Corporation, Two Lincoln Centre, 5420 LBJ Frt;e'.'iay, Su:te 12.0C, Dallas, Texas 75240. 1. DEFThlTIONS 􀁁􀁬􀁾􀁄 INSTRUCTIONS 1. 276 Trust incorporates by reference as though fully set
forth herein the definitions and instructions contained in Defendant 276 Trust's First Set of Interrogatories to Plaintiff. II. DOCUMENTS TO BE PRODUCED HEO"t".£ST NO.1: .-\11 documents
identified in your response to Defendant's First Set of lnterrogatories t'J Plaintiff. DEFENDANT 􀁾􀀿􀀶 􀁔􀁒􀁕􀁓􀁔􀀧􀁾 FiRST REQlJEST FOR Pf<.ODUCT10N OF DOCUMENTS TO PLAfNTiFF Page
1
􀀰􀀶􀁾􀁏􀁬 2003 09:25 FAX 9724040516 RESPONSE: DAVID GOODMAN & MADOLE 4J 003 REQVEST NO.2: All documents and correspondence that relate or refer in any manner to any of the claims asserted
by Plaintiff in the Statement of Condemn.ation filed in 􀁴􀀮􀁌􀁾􀁩􀁳 action, or 􀁾􀀮􀁮􀁹 amendment thereto, or any other pleading filed in this cause. REQUEST NO.3: All documents and
materials prepared by an expert used for consultation 'when th.at person's opinions or impressions have been reviewed, either in whole Or in psrt, by all expert 'who :nay be called as
a 􀁾􀁩􀁴􀁮􀁥􀁳􀁳 in this case. BE:)1..13:ST NO.4 = Copies of all transcripts of deposition testimony given in the past five (5) y"eciS by c2.ch person or entity whom you may call as
expert v,i.tness in the trial of this case or v,-hose opinions Or impressions have been reviewed or relied upon by someone who may be called to testi fy in the trial of this case. F.ESPONSE:
REOUEST NO.5: The entire file for this case, including but not limited to, all correspondence, bills, memoranda, letters, graphs, charts, work notes, written notes, calculations, estiImlIions
or other docmnents ofany expert \'r1tness who may be called to testify in the trial ofthis csuse, or whose opinions or impressions have been reviewed or relied upon by someone who may
be called tCi t2stify in the trial of this cause. RESPONSE: REODEST NO.6; A current list of, or documents showing, works written or published for each person or 􀁾􀁮􀁴􀁩􀁴􀁹 whom you
may call as an expert witness in the trial of this case or whose opirJons or impressions have been reviewed or relied upon by someone who may be called to testify i.n the trial 0 f &Js
cause. DEFl:NDANT 2'76 TRUST'S FIRST REQUEST FOR PRODUCT1()N Of DOCLf?vfENTS TO PLA..fNTIfF Page 2
05 01 i 2003 09:25 FAX 9724040516 RESPONSE: DAVID GOODMAN & MADOLE REQUEST NO.7: All photographs, slides, films, videotapes, negatives or other visual representations in the possession
of Plaintiff or its attorneys that refer or relate to: 1. Tr"e Froperty in question; 2. The Defendant 276 Trust; 3, The Arapaho Road Expansion; 4. The Signature Bridge over Midway Road;
or 5. Any other photographs, slides, films, videotapes, negatives or other visual representations that are relevant to the above-referenced cause. RESPONSE: REQUEST NO.8: All documents,
charts, summaries, and the like you intend to introduce at the trial of -:fils matter. BESFO?'-iSE: REQUEST NO, 9: Any and a11 statements made by276 Trust regarding the subject matter
cf t.1..lS ,snit. 􀁒􀁅􀁾􀁕􀁅􀁓􀁔􀁎􀁏􀀮􀁉􀀰􀀺 l\nywitness statements that relate orreferinanymannerto the subject matter of this dispute. RESPONSE: REQUEST NO. 11: All correspondence,
documents and the like by and between Addison QG 􀁴􀀮􀀱􀁾 one hand and on It,.e other: 1 Absolute Systems, Ltd.; 2. 276 Trust; or 3. Merrill Lynch Business Finuncial Services, rne. DEFENDAJ"lT
276 TIU.:5T'S FIRST REQVf.ST FOR PRODUCTION OF DOCUNfENTS TO PLAINTIfF Page 3
􀀺􀀩􀁾􀀬 .01 . 200 JOg: 2 6 F.\X 9i 2 40 4 0 5 1 6 􀁐􀁊􀀲􀁓􀁐􀁏􀁾􀁓􀁅􀀺 DAVID GOODMAN & MADOLE [4]005 MODEST NO, 12: The entire file maintained by the Town of Addison related to the
Property. p.J:,QtmST NO. 13: Each and every appraisal, valuation, report or the like related to the Pl\.lperty . 􀁒􀀬􀁬􀁾􀀻􀀻􀁐􀁏􀁎􀁓􀁅􀀺 REQUEST NO. 14: All drafts of any appraisal,
valuation, report or the like related to the 􀁐􀁲􀁯􀁰􀁥􀁲􀁴􀁾􀀯􀀮 REOIJEST 􀁲􀀭􀁾􀁏􀀮 15: The appraisal obtained and presented by Addison at the 􀁃􀁏􀁦􀀺􀀱􀁲􀁮􀁩􀁳􀁳􀁾􀀬􀀩􀁮􀁥􀁲􀀧􀁳
hearing, and all drafts thereto. PJ:SPONSE: :REQtTEST NO. 16: All correspondence and documents between Addison and any 2.ppDisers 1Iir;:;d in connection v.i.th perfOI1l1ing an appraisal
or vaJuation of the Property. RESPONSE: REQUEST NO.17: Each and every appraisal done or prepared fororon behalf of Addison (and all drafts) in connection ""ith any condemnation pA'oceedings
or negotiations related to the ,'\la-pabo Road extension project. DEFE1'iTIA.1\iT 275 TRUST'S FIRST FIRST REQUEST FOR PRODlJCTlON OF DOCUMENTS TO Pl,ATNTIFF Page 4
0501 2003 09:26 FAX 􀀹􀀷􀀲􀁾􀀰􀁾􀀰􀀵􀀱􀀶 DAVID GOODMAN & MADOLE [4]006 REQUEST NO. 18: Each and every docwnent that refers or relates in any manner to the Property. RESPONSE: REQUEST
1"'0,19: Each and every document shov.ing the plans for the Signature Bridge over Miclv,'ay Road as it relates to the Property. REQUEST NO. 20: All documents which in any way concern,
mention, refer, or relate to the apprai3!11 done by Brian E. Shuler concerning the Property. REQUEST NO. 21: Any studies, sunreys, investigations, analysis or the like done by A.ddiscn
􀁣􀁯􀁲􀀺􀁣􀁾􀁲􀀺􀁮􀁩􀁮􀁧 the Arapaho Road expansion. REQUEST NO. 22: Any studies, surveys, investigations, analysis or the like done by 􀁩􀁾􀀬􀁤􀁤􀁩􀁳􀁯􀁮 concemin.g 􀁵􀁾􀁥 Property.
P..ESPONSE; REQUEST NO. 23: Any noise or pollution sur-rel's, studies, investigations or the like done by Acdison \,,-l'Ui respect to the Property. RESPONSE: DF:FENU.A..:'\iT 275 l'RusrS
FIRST Ri':QUEST FOR PRODUCTION OF DOCUMENTS TO PLATNTIFF Page 5
OS /01 2003 09:25 FAX 9724040516 DAVID 􀁇􀁏􀁏􀁄􀁾􀁁􀁎 & MADOLE 4J 007 R..EQ{JEST NO, 24: 􀁁􀁮􀁾􀁲􀁮􀁯􀁩􀁳􀁥 or pollution surveys, studies, investigations or the like done by Addison
with respect to Signature Bridge over Midway Road. RESPONSE: REQUEST NO. 25: Any and all correspondence or documents evidencing any communication between Addison and any other person,
from January 1,2000 to the present time, re.lated to the value of the Property or any effort to market or sell the Property. REQUEST NCL26: Any and all correspondence and documents related
to the Property by and bet"veen Addison and HNTB Architects and Engineers. RESPONSE: REQUEST NO. 27: Any and all correspondence and documents related to the Signature Bddge over Ivfidv,'aY
Road by and between Addison and HNTB Architects and Engineers. RESPONSE: REQUEST NO. 28: All drafts of the Evaluation Associates' appraisal for the Property 􀀬􀀺􀁌􀁊􀁾􀁤 hnuary 23, 2002.
RESPONSE: REQUEST NO. 29: AU documents, correspondence, memos and the like by and between .t:.ddison md Evalua;:ion Associates related to the Property. RESPONSE; DEfE0IuAj'iT 2'76 TR1TsrS
FIRST REQUEST FOR PRODUCT10N OF DOCUMENTS TO PLAINTIFF Page 6
[J') 01./2003 0 9 : 26 FAX 97240 cl 0 516 '--.,..../DAVID GOODMAN & MADOLE @008 REQUEST NO. 3H: Any documents, correspondence, memos or the like which show the potential for increased
insurance rates for t..t"e properties located in and around the Signature Bridge over Midway Road. RESPON.5.E: REQUEST NO. 31: All documents which evidence appraisals, reports, valuations
or the like done v.ith respect to any property affected by the Addison Road Expansion. 􀁒􀁅􀁓􀁐􀁏􀁾􀁓􀁅􀀺 REQUEST NO. 32: All documents or correspondence related to the compensation
paid by Addiso!1 for the taking of any property in connection with the Arapaho Road Expansion. RESPONSE: REQ1JEST NO. 33: All documents evidencing the final plans, specifications, dra\Vings,
graphic 􀁲􀁾􀁰􀁲􀁣􀁳􀁥􀁮􀁴􀁡􀁴􀁩􀁯􀁮􀁳 and the like, related to the Arapaho Road Expansion Project and the SigT.aturc Bridge over Midway Road as it specifically relates to tl1e Property.
RESPONSE: REQUEST NO. 34: All documents and conespondence by and between Addison and any property O\\"'1ler impacted by the .tuapaho Road Expansion. 􀁒􀁅􀁓􀁐􀁏􀁾􀁾􀁓􀁅􀀺 R.EQUEST NO.
35: All minutes, notes, 􀁲􀁥􀁰􀁯􀁲􀁴􀁳􀁾 memos, drafts, or the like of any meeting hdd by p"c! :iison, its council, or its representatives related to the Property. DEFENDp-_"",T 2'16
TRUST'S fIRST REQUEST FOR PRQDUCTION OF DOCUMEN'fS TO PT .AINTIFF Page 7
USUl 2003 09:27 FAX 􀀹􀀷􀀲􀁾􀀰􀁾􀀰􀀵􀀱􀀶 􀁾􀀢 DAVID GOODMAN & MADOLE Respectfully submitted, DAYID, 􀁇􀁏􀁏􀁄􀁬􀁜􀀧􀀱􀁁􀁊􀀮􀁾 & MADOLE, A Professional Corporation ;41 009 By 􀁊􀁾 􀁊􀁃􀁖􀁾􀁾
Mark A. GoodmJ( State Bar No, 08156920 Two Lincoln Centre 5420 LBJ Freeway, Suite 1200 Dallas, Texas 75240 972/991-0889 972/404-0516 Te1ecopier ATTORNEYS FOR DEFENDANT 276 TRUST CERTIFICATE
OF SERVICE I certify that on July;2 d--, 2003, a true and correct copy of Defendant 276 Trust's First Rec;.lJ.est for Production of Documents to Plaintiff was served via certified Inail,
return receipt requested to th;;: following counsel of record: 􀁌􀁾􀁖􀁲􀁩􀁳 L Isag,cks Gay, McCall, Isaacks, Gordon & Roberts, P,C. 1777 East 15lh Street P:u.:r.1C, Texas 75074 Mark
A. Goodn1an DEfENDANT 􀀲􀀷􀁾􀀮􀁊􀁉􀁕􀁩􀁓􀁔􀁓 FIRST REQUEST FOR PRODUCTION OF DOCU11ENTS TO PLAINTIFF Page 8
liS OL'2003 09: 27 FAX 9724040516 DAVID GOODMAN &MADOLE CAeSE NO. CC-03-01967-B [4]010 TOVIN OF ADDISON, TEXAS, §§ Plaintiff, § v, §§ ABSOLUTE SYSTEMS, LTD" 276 TRUST § 􀁁􀁬􀁾􀁄 MERRILL
LYNCH BUSINESS, § FIN.A...:.'JCLAL SERVICES, fNe., §§ Defendants. § IN THE COUNTY COURT AT LAW, NuMBER 2 DALLAS COUNTY, TEXA.8 􀁄􀁅􀁆􀁅􀁎􀁄􀁁􀀱􀁾􀁔276 TRUST'S FIRST REQUEST FOR ADMlSSIONS
TO: TO'.\l1 of Addison, Texas, by and through its attorney of record, Lewis 1. Isaacks, Gay, McCall, Isaacks, Gordon & Roberts, p.e, 7777 East 15th Street, Plano, Texas 75074 Defenda.r.t
276 Trust (herein "Defendant") serves the following Requests for Admissions upon PlainTiff Town of Addison in accordance with the Texas Rules of Civil Procedure. I. DEFINITlONS A.7\[D
INSTRUCTIONS 1. 276 􀁔􀁾􀁳􀁴􀁩􀁮􀁣􀁯􀁲􀁰􀁯􀁲􀁡􀁴􀁥􀁳 by reference as though fully set forth herein the definitions and inst:-Llctio:!,$ contained in Defendant 276 Trust's First Set ofInterrogatories
to Plaintiff. II. REQUEST FOR ADMISSIONS REotJEST NO.1: The Signature Bridge oYer Midway Road xs expected to come as close ?}; three feet tc the building on the Property. ADM1T OR DENY;
REOUESTNO.2; It is estimated that approximately 25,000 cars will pass over the Signature 􀁂􀁾􀁩􀁤􀁧􀁥 ever :t','1idway Road on a daily basis. DEFENDANT 276 TRUST'S FIRST REQUEST FOR
ADMISSIQNS Page 1
uS [) 1 , 200 3 [) 9 : 27 FAX 97 21 01 0 51 6 ADl\'ilT OR DEl'J'Y: DAVID GOODMAN & MADOLE @011 REOUEST NO.3: It is estimated that the average rate ofspeed over the Signature Bridge at
Midway Road will be approxiroately 40 fniles per hour. ADMIT OR DEl'I""Y: F...EQUEST NO.4: The tra...+tic passing over the Signature Bridge near the Property will cause noise i.l1at
has not been heard at the Property before tile construction ofthe Bridge. A..lY)l\HT OR UKNY': REQUEST NO.5: The Signature Bridge over Midway Road will create safety risks for those
parkLng bI,)w 􀁴􀀮􀁾􀁥 bridge at the Property. REQUEST NO.6: The Signature Bridge over Midway Road will create safety risks for :l:cse pfdc.ir:g arollij,d the bridge at the Property.
AQ}.HT OR DENY: REQUEST NO.7: The Arapaho Road Expansion will preclude certain 􀁴􀁮􀁾􀁣􀁫􀁳 from using 5 l02,ding 􀁤􀁣􀁾􀁣􀁫 at the Property. =.,4.Di\-UT OR DENt: REQUEST NO. 8.: Prior
to construction of the Signature Bridge over Midway Road, the "i:,uilding at the Property was rented to a commercial tenant, MBNA ADl\HT OR DENY: DEFE-:-IDAYf 276 TRUST'S FIRST REQUEST
FOR ADMISSIONS Page 2
uS 01 /200J 09:27 FAX 9724040516 DAVID GOODHAN & 􀁾􀁉􀁁􀁄􀁏􀁌􀁅 [4]012 REOUEST NO.9: The Arapaho Road Expansion as it relates to the Property will cause a decrease in th::: fair market
value ofthe Property. AD:\-llT OR DENY: REQUEST NO. 10: As of the date of the sending of these Request for Admissions, 􀁁􀁤􀁤􀀻􀁳􀁣􀁾 b.as yet to provide 276 Trust with the final plans
for the Arapaho Road Expansion as it rebtes to the Prcpe:r:y. REQUEST NO. 11: EvuluationAssociates was employed by Addison to assist them in the evaluation of the Property for compensation
related to the right of way. A.DMIT OF. DENY: 'P.EOUEST NO. 12: As pact of Evaluation Association's evaluation of the Property, it 􀁣􀁏􀁌􀁾􀀻􀁤􀁣􀀺􀁲􀁤man.y physical and economic factors.
ADMIT OR DENY: RXQFES'r NO. 13: The i\rapaho Road Expansion and Signature Bridge, as it relates to i:he 􀁐􀀻􀀺􀀧􀁏􀀩􀀺􀀺􀁾􀁔􀁙􀁉 wiillik::ly cause the Property to become more industrial
in nature. ADMIT OR DE1'IY': REOUEST NO. 14: The Arapaho Road Expansion and Signature Bridge over Midway Ro2.'.::J. "viii preclude 276 Trust from building a mezzanine level at the building
on the Property. :\.Di\-HI OR DEN": 􀁐􀂣􀁆􀁅􀁊􀁜􀁩􀀧􀁄􀀮􀁾􀁎􀁔2'76 TRL:ST' S FIRST REQUEST FOR ADMISSIONS Page 3
US/01/2003 09:25 FAX 9724040516 DAVID GOODMAN & MADOLE [41013 REQUEST NO. 15: Liability insurance rates with respect to the Property will rise as a result of the Arapaho Road Expansion
and the Signature Bridge over 􀁾􀁦􀁩􀁤􀁷􀁡􀁹 Road. ADM:JT OR 􀁄􀁅􀁾􀁲􀀺 􀁒􀀮􀁅􀁾􀁕􀁅􀁓􀁔NO. 16: Rental rates for the Property will decrease as a result of the Arapaho Road Expansion
and the Signattlre Bridge over Midway Road. AD"nT OR DENY: REQJJEST NO. 17: Addison's prior offer made to 276 Trust was not based on any exact location of the bridge. REOLEST NO. 18:
1"1 July 2002, Addison said the Signature Bridge would be ten feet from the Duildi!lg at the Property. 􀁾􀁄􀁉􀁖􀀮􀁲􀁮􀁾􀁏􀁒DENY: REQUEST NO. 19: In Apri12003, Addison said the Signature
Bridge would be. three feet from the building at the Property. 􀁾􀁾􀀬􀁄􀀺􀀮􀁜􀀧􀀺􀁇􀁔 OR DEl\ll': RE(HJEST NO. 20: As ofthis date, Addison cannot 􀁣􀁏􀁾􀀱􀁦􀁩􀀮􀁬􀁭the height under the
Signature Bridge. A,11}HT OR DENY: DEFENDANT 276 "ml:srs FIRST REQUEST FOR ADM1SSIONS Page 4
0501/2003 09:28 FAX 9724040516 DAVID GOODMAN &MADOLE i4Jou REQUEST NO. 21: As ofthis date, Addison cannot confirm the usability of parkiug under the Signature Bridge, A.Dl'IllT OR DENY:
REQUEST NO. 22: As ofthis date, Addison cannot confinn the number of parking spaces under the Signature Bridge. REQUEST NO. 23: The cost to operate the building will increase due to
the Signature Bridge. 􀁣􀁾􀁄􀁲􀁾􀁬􀁉􀁔 OR DENY: REQUEST NO. 24: Addison has not addressed the maintenance of the parking lot at the Propert;r. REOITEST NO. 25: Addison refused to let
the parties' appraisers meet to discuss values '.v;.th res.rect to!J.)e ;?;:o-pertv., . REQ1JEST NO. 26: Addison refused to allow an independent third appraiser to 􀁭􀁾􀁥􀁴 with Addiso:l's
appraiser 3l1d 276 Trust's appraiser with respect to the Property. ADMIT OR DENY: DEFEN"DAt,,<r 276 TRlIST'S FIRST REQ1.JEST FOR ADMISSIONS Page 5
u8,01/2003 09:28 FAX 􀀹􀀷􀀲􀁾􀀰􀁾􀀰􀀵􀀱􀁂 DAVID GOODMAN & MADOLE Respectfully submitted, DAVID, GOODMAt"," & MADOLE, A Professional Corporation By; Mark A, Goodman State BarNo. 08156920
Two Lincoln Centre 5420 LBJ Freeway, Suite 1200 Dallasl Texas 75240 972/991-0889 972/404-0516 Telecopier i4J015 ATTORJ."lEYS FOR DEFENDAJ."l"T 276 TRUST 􀁾􀁉􀁆􀁉􀁃􀁁TE OF SERVICE I certify
that on July;2 ,2003, a true and correct copy of Defendant 276 Trust's First Request for Ad,'nissions was served via certified mail, return receipt requested to the follovving 􀁾􀁯􀁷􀀧􀀱􀀳􀀼􀁾􀀺
of record: L:;\\"is L. Isa.'lcks Gay, McCall, Isaacks, Gordon & Roberts, P.e. 7777 East 15th Street Plane, Texas 75074 DEFENDANT 276 TRUSTS FIRST REQUEST FOR ADMISSIONS Page 6
UJ·Ol/200J 09:29 FAX 9721010516 DAVID GOODMAN & MADOLE CAUSE NO. CC-03-01967-B i4J 016 􀁔􀁏􀁖􀁹􀀱􀁾 OF ADDISON, TEX,,\S, §§ Plaintiff, § v. §§ ABSOLUTE SYSTEMS, LTD., 276 TRUST § AND
MERRILL LYNCH BUSWESS, § 􀁆􀁉􀁎􀁬􀁾􀀱􀀧􀀻􀁃􀁕􀁾􀁌 SERvlCES, INC., §§ Defendants. § IN THE COlJNTY COTJRT AT LAW, NUN1BER 2 􀁄􀁁􀁌􀁌􀁁􀁓􀁃􀁏􀁵􀁾􀁔􀁙􀀬􀁔􀁅􀁘􀁾􀁓 􀁄􀁋􀁦􀁅􀁎􀁄􀁰􀀮􀀮􀁬􀁾􀁔
276 TRUST'S FIRST SET QF INTERROGATORIES TO PLAINTIFF Tt:· Tov,'D of Addison, Texas, by and through its attorney of record, Lewis 1. Isaacks, Gay, 􀁍􀁃􀁃􀀱􀁾􀀱􀀬 ISaEcks, Gordon & Roberts,
p.e., 7777 East 15th Street, Plano, Texas 75074 Defendant 276 Trust (herein "Defendant"), hereby serves the following Interrogatories upon Plaintiff TOWE of !\ddison, Texas, and requests
that answers thereto, under oath, be made within thIrty (30) dC'.ys from service hereof, in accordance v"ith the Texas Rules of Civil Procedure. I. DEFfNITIONS Al'Il) INSTRUCTIONS 1.
As used herein t1l,e terms "you," "your," "Addison," or "Plaintiff," shall mean Town ()f 􀁁􀁤􀁤􀁾􀁳􀁯􀁮􀀬 Texas, Plaintiff herein, and all rep:t"esentatives who acted or purported to
act on TOVrTI of Addison's behalf. 2. These requests seek answers current to the date of response, and fUliher shall be deemed to be continuing under the Texas Rules ofCivil Procedure
so that any additional information relating in any \vay to these requests that you acquire or that becomes knowTI to you up to a.nd including t'1e time of trial shall be furnished to
Defendant promptly after such infonnation is acquired or becomes knO\\'I1. DEFENuAJ'1T 276 TRusrS FIRST SET Of INTERROGATORIES TO PLAINTIFF Page 1
(J S (J 1 200 J 09: 29 FAX 972:4 0 :4 0 516 DAVID GOODMAN & MADOLE :4l 017 3. As used herein, the tenn "document" means any medium upon which intelligence or information can be recorded
or retrieved, and includes, without limitation, the original and each copy, regardless of OrigiI1 and location, of any book, pamphlet, periodical, letter, memorandum (including 8..iiY
memotOJ,l,du..i11 or report of a meeting or conversation), invoice, bill, order fOnTI, receipt, fma..T1.cial statement, account entry, diary, calendar, telex, telegram, cable, report,
record, contract, agreement, study, handVY'titten note, draft, working paper, chart, paper, print, laboratory record, drawing, sketch, graph, index, list, tape, photograph, microfilm,
data sheet or data processing card, or :lI."1.y other written, recorded, transcribed, stored on disk, punched, taped, filmed, or graphic ly-,a-:ter, hO"'>vever produced ox" reproduced,
which is in Town of Addison's possession, custody, or over v,hi(''J. she has control. 4. As used herein, "identify" or to give the "identity'! of means: in the case of a person, to state:
(a) name; (b) last knovs,'l1. residence address and phone munber; (c) last known employer or business affiliation; and (d) last known occupation and business position held; (ii) in the
case of a company, to state: (a)oame; (b) place of incorporation; (c) principal place of 􀁢􀁵􀁳􀁩􀁾􀀱􀁥􀁳􀁳􀀻 and (d) the "ider),tity" ofpersons having knowledge oEthe matter with respect
to which the company is named; (iii) in the case of a document, to state: DEfE1'.J'DAJ'iT 2'76 TRYST'S FIRST SET Of INTERROGATORIES TO PLA1NTIFF Page 2
0j,01 2003 09:29 FAl 9724U40516 DAVID GOODMAN & MADOLE I4J 018 (a) the "identity" of the persons preparing it and the sender; (b) its title or a description of the general nature of
its subject matter; (c) t..!}e "identity" of the addressees, if any; (d) its dates of preparation; (e) its dates and manner of distribution and publication, if any; (f) location of each
copy and the "identity" of present custodian; (g) the "identity" of persons who can "identifY" it; and (11) if a privilege is claimed, the specific basis therefor; (iv) in the case of
a communication to state: (a) a brief description of the subject matter of the communication; (b) the date when it took place; (c) the means of communication; Cd) the place or places
wllere it occurred; and Ce) the identity of each party who participated in the communication. S. If you abj eet to or otherwise decline to answer any portion of any request, provide
all infoffi12.tioD called for by that portion of the request to which you do not object or to which you do J'.ot dedir:.e co :i:1Swer. If you object to a request on the ground that it
is too broad (i.e., that it calls for information that is relevant to the subject matter of the action and information that is not), provide such information as is concededly relevant.
Ifyou object to a request on the ground that to 􀁰􀀧􀀺􀁊􀁶􀁩􀁣􀁾􀁥 an sns\'/er \-vauld constitute an undue burden, provide such requested information as can be supplied vlrithout undertaking
an undue burden. For those portions of a request to which you abj ect 􀁯􀁾 othenvise decline to answer, state the reason for such objection or declination. If you object to any portiou
of a request on the 􀁾􀁯􀁵􀁮􀁤 that it seeks privileged information, identify all 􀁰􀁥􀁲􀁾􀁯􀁮􀁳 to DEFE1'<'DAr;T 276 TRUSTS FIRST SET OF INTERROGATORIES TQ PL";.INTIFF Page 3
OS 01'2003 09:30 FAX 􀀹􀀷􀀲􀁾􀁏􀁾􀀰􀀵􀀱􀀶 DAVID GOODMAN & MA.DOLE @019 whom such information was and has been communicated, the general nature of such infonnation, the nature of the
privilege asselted, and the dates of any communications or documents for which the pr>iilege is assel'ted. 6. 􀀮􀀮􀀺􀀮􀁾􀁳 used herein, the word "person" includes natural persons, proprietorships,
partnerships, finns, corporations, public corporations, municipal corporations, federal, state and local gcvern.Jncnts, all departments and agencies thereof, any other governmental agencies,
political SUt>ci'Iis!or::, grou.ps, associations or organizations. 7. As used herein, the term "date" means the exact day, month and year, if ascertainable, ey, if ::Gt, yOU! best appr;Jximation
thereof 8. Where appropriate in the context of an interrogatory or a response thereto, the singular s:ull mean the plural, t.i1.e masculine gender shall mean the feminine, and vice versa.
9. As used herein the terms "276 Trusf' or "Defendant" shall mean 276 276 Trust, Defendant herein, 3.0·,j 􀀼􀁾 􀁾􀂷􀁥􀀿􀁲􀁥􀁳􀁥􀁮􀁴􀁡􀁴􀁩􀁶􀁥􀁳 who acted or purported to act on its behalf.
1 r • U. County, Texas,As used herein, thetenn "Property" shall mean 4139 Centurion Way, Addison, Dallas The conjunctions "and" and "or!' shall each be individually inte;rpreted in every
􀁩􀁌􀁬􀀺􀀻􀁴􀁣􀀮􀁮􀁃􀁾 as nea.ning "and/or" and shall not be interpreted disjunctively to exclude any information o-:.llervvise witrdn the scope of any specification. DEFENDANT 276 TRUST'S
FIRST SET OF l'NTl:;RROGATORJES TO PLAINTIFF Page 4
05 01/2003 09:30 FAX 􀀹􀀷􀀲􀁾􀁏􀁾􀀰􀀵􀀱􀀶 DAVID GOODMAN & MADOLE II. INTERROGATORIES [4J 020 INTERROGATOR):' NO.1: If you contend that any of the 􀁯􀁰􀁾􀁮􀁩􀁯􀁮􀁳 set forth in the appraisal
of Brian E. Shuler are inaccurate, then for each such opinion, state the follO\ving: a. The specific opinion you believe is inaccurate; b. The reason for your contention; c. Identify
any documents or other tangible evidence that you will rely on to refute such opinion; and d. Ifyou have a contrfu)' opinion, state same and identify all documents supportLng your contrary
opinion. 􀁴􀁾􀁎􀁓􀁗􀁅􀁒􀀺 􀁉􀁾􀁾􀁔􀁅􀁒􀁒􀁏􀁇􀁁􀁔􀁏􀁒􀁙 NO.2: Please identify all individuals who answered these Interrogatories, and for each specific individual, identify those Interrogatories
that person assisted . . HI enswenag. INTEFiROGATORY 􀁾􀁏􀀮 3: Please identify each person whom you have ever retained or specifically employed as an expert in anticipation of this litigation
or preparation for trial and who is not expected to be called as an expert expert witness but whose opinions, impressions or work product have been reviewed by a testifying expert. For
each such expert, identify all docwnents and (eports made, prepJIed, or reviewed by such experts. INTEEROGATORY NO.4: Identify any property which Addison has taken or obtained over tl:2
past tvro years, whether in whole or in part, \\-1th respect to the Arapaho Road Expansion. ANS\"VER: INTERROGATORY NO.5: With respect to each property identified in the previous 􀁉􀁬􀀱􀁴􀁥􀁬􀁔􀁯􀁾􀀸
􀀱􀁊􀁲􀁹􀀬 sta.te the nature of the takingl the compensation paid, and identify the property owner. DEFENDANT 276 TRUST'S FIRST sr-;T OF lNTER...'WGATORIES TO PLAINTIFF Page 5
􀁏􀁾􀀬􀁏􀁬􀀡􀀲􀀰􀀰􀀳 09:31 FAX 9724040516 ANSWER: DAVID GOODMAN &MADOLE i4J 021 INTERROGATORY NO.6: Identify each and every condemnation proceeding initiated by Addison, (other than
the instant lawsuit), and which is related to the Arapaho Road Expansion. Identifj such proceeding by indicating the file or cause number, the styie ofthe case, and the current status
of such litigation. di'1,S\VER: INTERROGATORY NO. 7: State the name, address, and telephone numberofeac'hexpert witness who will or may be called to testify at the trial of this case.
For each such expert, state: A. The field of rJs/her expertise; B. The subject matter involved in this lawsuit of which he/she has knowledge: C. The identity of the work product, opinion,
documents or other ta..'lgible t..1.ing prepared by such non-testifying expert which maybe used by any testifying expert at thetrial of this case; D. The dollar amount which said expert contends represents the fair market value of the property made the basis oftills lawsuit, as of the date of taking; E, His/her
opinion as to the present and future use and development of the subject property; and F. His/her opinion as to any item constituting damage to tlJ.e remainder of the subj ect property
as a result of the taking. A!'JS\VE,R: INTERR0 CATDRY NO-8: With respect to the Signature Bridge over Midway Road, state 􀀬􀁾􀀻􀁨􀁥􀁴􀁬􀀱􀁥􀁲 you believe there v·till be any noise pollution
affecting the Property. 􀁰􀁅􀁦􀁅􀁾􀁭􀁁􀁟􀁩􀁜􀀻􀁲 276 TRUST'S FIRST SET OF rNTERROGATORlq TO PLAINTIFF Page 6
05,01 /2003 09:31 FAX 9724040516 DAVID GOODMAN & MADOLE i4J022 JNTEF..ROGATORY NO.9: Are the plans for the Arapaho Road Expansion and the Signature Bridge over Midway Road finalized?
If so, please attach the final plans and specifications to your answers hereto. INTERROGATORYNQ. 10: Ifyou have denied any ofthe Request for Admissions served concurrently herevrit.h,
please state in detail me specific reason for each denial. ANSW'ER: Respectfully submitted, DAVlD, GOODMAN & MADOLE, A Professional COJ:Porution 􀁂􀁹􀁾􀁾􀀺􀀳􀀭􀁾 Mark A. 􀁇􀁯􀁯􀁤􀁭􀁾
State BarNo. 08156920 Two Lincoln Centre 5420 LBJ Freeway, Sujte 1200 Dallas, Texas 75240 972/991-0889 972/404-0516 Telecopier ATTORL'JEYS FOR DEFENDAt"TT 276 TRUST CEFEl'-TDAl"'lT 276
TRUST'S FIRST SET OF fNTERROGATORIES TQ PLAINTIFF Page 7
JS 01;2003 09:31 FAX 􀀹􀀷􀀲􀁾􀀰􀁾􀀰􀀵􀀱􀀶 DAVID GOODMAN & MADOLE CERTIFICATE OF SERvJCE 141023 I certify that on July J2l{, 2003, a true and correct copy of Defendant 276 Trust's First
Set ofInterrogatories to Plaintiff was served vi a certified mail, return receipt requested to the fa Howing counsel ofrecord: Lewis L. Isaacks Gay, McCall, Isaacks, Gordon & Roberts,
P.e. 7777 East lSib Street Plano, Texas 75074 Mark A. Goodma.n 􀁾􀀩􀁅􀁆􀁅􀁎􀁄􀁁􀁾􀀧􀁊􀁔 276 TRUST'S FIRST SET OF INTERROGATORlES TO PLAINTlFF Page 8
uS 01 2003 09: 2-1 F.U 972clOcl0516 DAVID GOODMAN & MADOLE ,I, 1 T 0 􀁾􀀮 N 􀁾 r:; A 􀁾􀀢 I; 0 U' N 1 E L a :'l 􀁾 I TELECOPY COVER SHEET August 1, 2003 @001 TO: FROM: Jean -Lewis L.
Isaacks :Mark A. Goodman FRO!\1 TELECOPIER NUl\1BER: 972/422-9322 . 972/404-0516 ·Br2: .A.. 􀁜􀁾􀀳􀀮􀁤􀀮􀁄􀁩􀁥 SJiLe uco -1.,3..,:, Tex<:s 7'1'240 I!l 'M , 􀀰􀁪􀁾􀀱􀀧􀁻􀀩􀀸􀁅􀀹 0': 􀀺􀀧􀁾􀁾􀀺􀁲􀁬􀁬􀁇
􀀴􀀭􀁄􀀵􀀱􀀶 i 2\iu:Y1BER OF PAGES: 23, 􀁉􀁎􀁃􀁾􀁕􀁄􀁉􀁎􀁇 THIS COVER PAGE PLEASE CONTACT LORI AT 972/991-0889 IF THERE ARE 􀁁􀁬􀁾􀀧􀁙 PROBLEivIS. DOCUMENTS REGARDING: Our File No. 3030.010
i}vH'ORTANTfCONFTDENTIAL: This message is intended only fo'r the use of the individual or entity to which it is addressed. This message contains information from 􀁴􀁾􀁴 law firm or David"
Goodrni1u 􀁾 Madole which may be privileged, confidential and exempt from disclosure un'Qer 􀁡􀁰􀁰􀁬􀁩􀁾􀁡􀁢􀀱􀁥 law. If the reader of 􀁴􀁨􀁾􀁳 message is not the inti:oded recipient,
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AUG, -01' 031FRIl 10:03 􀁔􀁒􀁁􀁎􀁓􀁁􀁇􀁔􀁉􀁏􀁾 REPORT r"[' r 􀁾􀁴􀀡􀀢􀁬 SIn i ;:; s i.J n ';" " n sac t ion Is) c " IE pIe ted TEL:972 422 9322 P. 001 DESTINATION DURAT! ON PGS. RESULT
MODE 4 I 3 AUG. 109: 5 9 99724502837 O· 03' 32" 0 2 4 01{ N ECM :3YD';A H GORDON LEWiS L. :s..􀀧􀁜􀁁􀁃􀁋􀁓􀁾􀀧􀂷 1'o.1.iI.,r:.C IV1.\Y DAViD 8. M"CALL'I' K8LL! ROACI'! ',i,'I!.I.f,\M
J. ROBeRTS" 􀁇􀁁􀁙􀁾 McCALL, 􀁉􀁓􀁁􀁁􀁃􀁋􀁓􀁾 GORDON 􀁣􀀮􀀮􀁾 􀁒􀁏􀁂􀁅􀁒􀁔􀁓􀁾 P.C. i\'rTORNEYS AND COUNSGLORS 777 􀁉􀁾􀁁􀁓􀁔 15TH S'fREST PLANO. TEXAS 75014 97:!/4JA-X50 I FAX; 97:!:'4::!4·5o
19 PAX: L)7::!/422-9322 􀁾􀀧􀁁􀁮􀁃􀁬􀁲􀁬􀁬􀁬􀀮􀀺􀁹􀀭􀁍􀁥􀁤􀁩􀁡􀁴􀁬􀁬􀁲 􀁾 130ard CCl'liflcd l.ivi I Trial L1W 􀁔􀁣􀁸􀀺􀁬􀁾 13l1:lI'd of LI:l,lulSpuci" Ii;:;illil)11 DATE: 08/01/03 TIIVI6:
10:00 a.m. FACST1\1lL.E MESSAGE COVEn.. SHEET Fnllcvving is/are 24 􀁰􀁡􀁧􀁥􀀨􀁾􀀩 including this cover. If any part of this message is missing or 􀁲􀀿􀁥􀁾􀁾􀁶􀁾􀁤 p:norlY9 please can
the tiender liS soon as possible. TO: Michael E, Murphy 􀁒􀁅􀁾􀀺 􀁁􀀮􀁤􀁤􀁩􀁾􀁯􀁮 \I', 276 276 Trust; FAX NO. 'Ut450-2837 __ .--. 􀁾􀂷􀁟􀀢􀁾􀀢􀀢􀀢􀀧􀀧􀀧􀁔􀀧􀀧􀀧􀀧􀀧􀀧􀀧􀀧􀀧􀀧􀂷 .. T
Y""'T ....'fA.m...",Ti'l
No. CC-03-01967-B TO"'N OF ADDISON, TEXAS §§§§ vs. §§ ABSOLUTE SYSTEMS, LTD., 276 TRUST§ AND MERRILL LYNCR BUSINESS § FINANCIAL SERVICES, INC. § IN THE COUNTY COURT AT LA'V, NUMBER 2
DALLAS COUNTY, TEXAS NOTICE OF INTENTION TO TARE ORAL DEPOSITION DUCES TECUM TO: GENE HARRIS, Vice President/Partner ofABSOLUTE SYSTEMS,LTD., Defendant, at 4139 Centurion Way, Addison,
Texas 75001. Pursuant to Rule 199, Texas Rules of Civil Procedure, notice is hereby given that the TOWNOFADDISON, TEx..4.S, Plaintiff in the above numbered and entitled cause, intends
to take the oral deposition of GENE HARRIS, Vice President/Partner of ABSOLUTE SYSTEMS, LTD., on \Vednesday, July 30, 2003, at 9:30 o'clock, a.m., in the offices of Absolute Systems,
at 4139 Centurion Parkway, Addison, Texas. You are fmiher notified that the witness is to bring to the deposition the following books, papers, documents and tangible things, listed on
Exhibit "A", attached hereto, at the time and place specified above. In the event the witness has any obj ection to sUlTendering the originals ofthe above to the COUli RepOlier for copying,
request is hereby made for copies of said items to be ready and available at the time of deposition. NOTICE OF L"ITENTION TO TAKE ORAL DEPOSITION DUCES TECUM G: \\:ORK .L1TSUP1J 13 GJ:_DOM:'\IN
_-\ddison. TO\\"11 oLl Janis.notice Page 1
The oral examination will continue from day to day until concluded. Said deposition, when Respectfully submitted, WIS <C-rSAACKS Texas Bar No.1 0430300 GAY, McCALL, ISAACKS. GORDON &
ROBERTS, P.c. 777 East 15th Street Plano, Texas 75074 Telephone: 972/424-850 I Telecopier: 072/424-5619 taken and retumed according to law, may be used as evidence upon the trial of
said cause. SIGNED this the I i day of ,2003. ATTORNEY FOR PLAINTIFF TO\VN OF ADDISON, TEXAS CERTIFICATE OF SERVICE I, LEWIS L. ISAACKS, Attomey for Plaintiff, Town ofAddison, Texas,
ce11ify that a true and COlTect copy of the foregoing Notice ofIntent to Take Oral Deposition Duces Tecum has been mailed by ce11ified mail, retum receipt requested, to all counsel of
record, on this !.tday of ,2003. NOTICE OF INTENTION TO TAKE ORAL DEPOSITION DUCES TECVM G:-WORKLITSUP 1.1 B G;l:_DOMAI.'.:-.Addison. TClWIl 􀀨􀁉􀁦􀀬􀁝􀁊􀁾􀁈􀀬􀀮􀁩􀁳􀀮􀁮􀀨􀁬􀁲􀁩􀁣􀁃􀀧
Page 2
EXHIBIT "A" The term "PROPERTY" as used herein refers to the property described generally as 4139 Centurion Way, Addison, Texas 75001. 1. A copy of the closing binder related to the
purchase of the PROPERTY by Absolute Systems, Ltd. from 276 Trust. 2. A copy ofthe title policy related to the purchase ofthe PROPERTY by Absolute Systems, Ltd. from 276 Trust. 3. A
copy of any appraisals obtained by Absolute Systems, Ltd. or on behalf of Absolute Systems, Ltd. related to the PROPERTY from 276 Trust. 4. A copy of any feasibility studies or similar
analyses related to the purchase of the PROPERTY fro111276 Trust. 5. A copy of the studies, analyses, or reports related to the use or future use of the PROPERTY. 6. A copy ofany studies
or analyses related to the impact ofArapaho Road or the construction of Arapaho Road on the PROPERTY related to the use or value of the PROPERTY. 7. Any other studies or analyses related
to the impact ofArapaho Road or the construction of Arapaho Road on the PROPERTY. NOTICE OF INTENTION TO TAKE ORAL DEPOSITION DUCES TECUM G: WORK .LlTSLP IJ B G .E_DO!\'I.'\I\' ..i\ddisoc.
Tt)\',n of I 􀁊􀁡􀁲􀁲􀁩􀁾..nmicC' Page 3
HP LaserJet HP LASERJET 3200 MAY-20-2003 3:27PM Fax Call Report 3200se invent Job Date 447 5/20/2003 Time Type 3:14:25PM Send Identification 92146722020 Duration 13:27 Pages 35 Result
OK TOWN OF ADDISON PUBLIC WORKS To: 􀁾 􀁾􀁭􀀺 Company: 􀁾 FAX#:, _ Date: j--2.0 -0..3 No. of Pages(lncluding cover):..3S"-Michael E. Murphy, P.E. Director of Public Works Office: 972/450-2878
Fax: 9721450-2837 16801 Westgrove P.O. Box 9010 Addison, TX 75001-9010 J-Nd«.£.. 5" 8M;!:. 􀀭􀀹􀁾􀁾 􀀭􀁲􀁾
DATE SUBMITTED: May 6, 2003 FOR COUNCIL MEETING: May 13, 2003 Council Agenda Item SUMMARY: This item is to request Council consideration ofthe Award of Special Commissioners, in the
amount of $115,000.00, for the acquisition of a 0.6709 acre Permanent Easement owned by Absolute Systems, LTD., et al. FINANCIAL IMPACT: Budgeted Amount: Appraised Value: Source ofFunds:
BACKGROUND: N/A $52,601.00 Funds are available from Year 2002 General Obligation Bond Program, Project No. 83300. The right-of-way acquisition process is currently underway on the proposed
Arapaho Road, Phase ill project. Approximately 0.6709 acre of permanent easement adjacent to the proposed extension of Arapaho Road (see attached Parcel 8 map) is required as part of
the proposed roadway improvements. This parcel is a portion ofLot 6, Surveyor Addition, and is owned by Absolute Systems, LTD., et al. In September 2002, the firm ofHipes & Associates
appraised the fee simple value of the 0.6709 acre ofpermanent easement at $52,601.00. By Council Resolution, dated January 28,2003, this appraised value was authorized for payment to
the property owner in the event of a settlement between the two parties, or if the Special Commissioners in Condemnation appointed by the court return an award that is the same amount
as the appraised amount. The actual award established by the Special Commissioners was $115,000.00, which exceeded the appraised value by $62,399.00. RECOMMENDATION: It is recommended
that Council approve payment to Absolute Systems, LTD., et aI, based on the Award of Special Commissioners, in the amount of$115,000.00, for acquisition of a 0.6709 acre Permanent Easement
from Lot 6, Surveyor Addition.
--".----\Vk7;IX/;-WO'l1"'iF-$tUJl?l'WIE"W-'''';-"'-.. 􀁾􀁡􀀧􀀱􀁬􀁀􀀨􀁑􀀩􀂮 . oIiIiomoIi-;Imo=i-<enmo:0􀁾:0-< EXHIBIT"S" 􀁾 . DALLAS AREA RAPID TRANSIT . . . 􀀽􀀭􀁾􀁟􀀽􀁡􀁲􀁮􀁐􀀭􀁅􀁾􀁾􀁦􀀦􀁾􀁓􀀺􀁾􀁦􀁴
􀀱􀁾􀀺􀁾􀁕􀁊􀀮􀁻􀁁􀀮􀁬􀁬􀁉􀁬􀁎 􀁬􀁑􀀩􀁾WU1Q) 􀁉􀁍􀁉􀁗􀁾􀁛􀁦􀁊􀀤 􀁾􀁍􀁗􀁊􀁷􀁾􀀭􀀻􀀭􀀮􀀭􀀭􀀭􀀭􀀧􀀭􀀭􀁊􀁾􀀽􀀭 .'--VOL 91008,' PG. 1390 􀁾􀁾􀂮􀁾􀁾 . Y O.R.D.C.T. .' ••• s. . •. rNO, 1/2"
IRON ROD i NOO'06'16"E -0.24 " :. (CAtLE:D EASl) . .' J' E.LECTRIC 􀁅􀁁􀁓􀁅􀁍􀁾􀁎􀁔 _ . •"", ; J.-,;;,,, \ S 89'58'49" E -=-370.15' 􀁾 . 􀁾 fFND, 1/2 IRON ROO •• "'" '. -----'􀀭􀁾􀀭􀁾􀁲􀀭􀁾􀀭􀀭􀂷􀀭􀁾
􀀭􀀭􀁾􀁾􀀭􀁾􀁾􀀭􀁾􀀭􀁾􀁾􀁾􀀭􀁾􀁾􀁾􀀧􀁾􀀧􀁾􀀧􀀢 􀀮􀁾􀁒􀀭􀀭􀀭􀀭 -7-.----. • . W' w', .... 1'·:':----30' WATER 􀁅􀁁􀁓􀁅􀁍􀁅􀁎􀁔􀁾􀀧. ", ./.....􀀮􀁾􀀮 ..... I 􀁾 I MPH. , • :n 􀁾 I , 􀁾􀁾􀀮
---'--l 􀁾 -------. --' --------􀀭􀀭􀁾􀀧􀁨􀁟I. ea' f . ''''l1li0 . • ('011 fD 00""" 2 OJ' • 􀀢􀁢􀁾 f 􀂷􀁴􀀢􀂷􀂷􀀬􀁾􀁛 􀁾􀁾 􀁾􀁟U -....:. I. 50' 􀁏􀁒􀁾􀁾􀀺􀁾􀁾􀁅􀁾􀁾􀁾􀁎􀁎􀁅􀁾 . .• 􀁴􀁟􀁾􀀺􀀺􀁾􀁾􀁾􀁾
_'_"_ 􀀬􀀺􀁾􀀧 .__..􀁪􀁾􀀽􀁾􀁟􀀬􀀮􀁟.. . 􀀭􀀮􀁾..._--.-.-.:::-\1, i. \\,..... •.....I'••􀁾 􀁾 -1--..... \ ., 􀁾 r :.... ..:i 􀀱􀀧􀁬􀀢􀁾􀀢􀀻􀀧􀀡􀁉􀁾.."I:/(J.L,. .;I. '1 R"A:'l'J r ,..>-_.
----.1;----" 'OJ '-= /􀁇􀁮􀁁􀁾􀀺􀀺 􀁾 􀁾 _ 􀁾 I ./__􀁾 􀁾􀁾 􀀺􀁾􀀢 '" , :1 :s:EASEMENTS SHOWN ARE TAKEN FROM 1l1E PLATS INDICATED :ON. THE SURVEYOR 010 NOT ABSTRACT THE SUBJECT 'ERTY
SO ALL EASEMENTS MAY NOT BE SHOWN. BEARINGS ARE' REFERENCED TO THE'l\ICRIlI RIGHT Of WAY Of CENTURION WAY, CALLED 5 􀁂􀀹􀀧􀀵􀀱􀀧􀀵􀀵􀁾 E, ACCORDING TO FINAL PLAT OF LoT J. SURVEYOR ADDIllON.
RECORDED IN 77173, PAGE. 135. D.R.D.C.T. . :GAL DESCPIPTION QF· EVEN SURVEY DATE.HEREWllH )MPANIES THIS PLAT. . . : . LOT 6 SURVEYOR ADDITION 'ADOISON WESTINDUSTRIAL PARK MARCH -29.
1979 VOL 79130. PG. 2495 D.R.O.C.T... . 􀀮􀁾􀀬􀀮􀁥􀀽􀀭􀀮􀀽 􀁲􀀢􀀢􀁩􀀢􀁾􀁾􀀧􀀧􀀧􀁾􀀭􀀯􀀧􀀧􀀭􀀭􀀭􀀧 􀁾 -Wll9·58''l9---W·---.=----:J70:1n 􀀬􀁾􀁾􀂧􀂣􀀢􀀧􀀮􀁾􀀺􀀧􀀢􀀭 ---;;;"-'--r.::::"_.__􀁲􀀭􀀭􀀮􀁾􀀮􀀧
'J ,;....;;, -.n ••" ,[ H\ 􀁾􀀮 .. . \ n '. . __._ 􀀺􀁲􀀭􀁾􀀭􀀭􀀭􀀭􀀧􀀭􀀧􀀭 ...... .... '.' . .. J "'--"--:-"CA ..()' 3.465 AC. 􀁾􀁥􀀺􀁬􀀧 X IN 􀁣􀁾 .' . • .1<.., """X n 􀁾􀀮 :l 0 •
• ·.,··... 1,;;,1 15101 I.lIOWA'S?7R9AO PARTNERS, LTD. :J1 --OECEMBER 25, 1998 >-... '. '. .... 'VOL. 98250, ·PG. 02787 (25% INTEREST) 􀁾 '. VOL 98250, pG. 02796 (75% INTEREST) gj ,
. D.R.D.C.T. en/CALLED 2.5212 AC. LOT 4 , w . J. H. CROUCH JR. AND SURVEYOR ADDITION !< JO DORIS CROUCH ADDiSON WEST :::IE AUGUST' 4, 1997 INDUsTRIAL PARK' 􀁯􀁾 VOL 97153, PG. 3266 DEOCEIJBER
26. 1978 If: . 􀁄􀀮􀁒􀀮􀁏􀀮􀁾􀀮􀁔􀀮 : YOlo .79029•. PG..􀁏􀁾􀁂􀀮􀁾 􀁾 .. 􀀧􀁑􀁾􀁑􀁃􀁾􀀧 ..:< ... ' PARCEL' 8 . . . A PLAT OF·A 0.6709 ACRE (29,223"SQ. FT.) '" ". . TRACT OF LAND' ..
. ... .., 􀁾 IN THE W.H. Wln'SURVEY 􀁾􀁾􀁏􀁆􀀢􀀢􀀧􀁾􀁾􀁁􀁂􀁓TRACT NO. 1609 􀁤􀁾􀀧􀁜􀀼􀀺􀀺􀀮􀁲􀁲􀀻􀁴􀀧􀁦􀀺􀀮􀁴􀀮􀁾􀀭􀁦􀁾􀁜 & DAVID MYERS SURVEY . 􀁾..􀀭􀀻􀁴􀀼􀀬􀀮􀁾􀀪 􀁊􀀹􀁾􀁾􀀬􀀮􀀬􀀿
􀁾 ABSTRACT NO. 923 . 􀁾􀁾􀁕􀁂􀀧􀁒􀀺􀁾􀁓􀀧􀁁􀁎􀁾􀁾􀁾 , 􀁄􀁁􀁛􀀦􀁾 􀁃􀁾􀁾􀁾􀀧􀁓􀁔􀁾􀁾􀁁􀁓 o DENOTES A FOUND POINT AS INDICATED 􀀢􀀧􀁾􀁾􀀧􀀧􀀧􀀧􀀧􀀧􀀧􀀧􀀧􀀧􀀧􀀧􀀧􀁱􀀺􀀧􀀧 , • DWDTES A
51'" "otl RDo SET UN'"55 <;;_1;;/910􀀬􀁪􀀻􀀧􀁩􀀧􀀻􀁾 50 0 25 50' I 00 OTHERWISE NOTED W.:+' .••􀁦􀀻􀁾􀁾􀁾􀀢 .J.: ;f· 􀁾 _...J ,..;. r --PROPOS EO RIGHT Of'WAY LINE ., 􀁁􀁾􀁾 ..D......
􀁾􀁗􀁊􀁉􀀢􀀮􀀴. -􀁾􀀿 ,. . .. .... 􀁾􀀮 􀁾 . . 'GRAPHIC' SCALE .. , . "'11-/-f-il . . 1 'INCH 􀀮􀁾 50 F!. MiCHAEL B. SCHIFF . AUGUST 'Jl, 1982 VOL 82172, PG. 2888 O.R.O.C.T. . INTERVESTCOMPANIES
ADDITION. ..OCTOBER 29, '982 . ..' VOl. 83017, PG. 2268 D.R.D.C.T. :0aV),a.......􀁾
MAY-06-2003 10:12 1*_1131"1' COWLES &THOMPSON No. CC-03·01967-B 2146722000 P.02/03 TOWN OF ADDISON, TEXAS §§§§ V5. §§ ABSOLUTE SYSTEMS, LTD., 176 TRUST§ AND MERRD..L LYNCH BUSINESS §
FINANCIAL SERVICES, INC. § IN THE COUNTY COURT ATLAW,NUMBER 2 DALLAS COUNTY, TEXAS AWARD OF SPECIAL COMMISSIONERS On this day. the undersigned Special Commissioners, appointed by the
Judge of the above Court to determine the fair market value ofcertain property rights and damages. if any. occasioned by the acquisition described in the above condemnation proceedings
brought by the Plaintiff. TOWN OF ADDISON, TEXAS, to condemn a certain easement for right-of-way over and across the proper!)' of Defendants, which easement is described in the Statement
in Condemnation. fi led with said Judge on the 19lh day of February, 2003, having detennined that Defendants have been duly served with notice as reqoired by lawj and that Plaintiff
appeared and announced ready for hearing. and that the·· foUowing Defendants appeared and announced ready for bearing: ':it 1 :ycr,J. ,LrJe./:; 􀁾􀁵􀀮,􀀬"􀀼􀀡,,.-f1,; _ The ComnJl ssioners
proceeded to hear the evidence as to tbe fair marker value ofthe propeny ri gbts being acquired by Plaintiff, and damages, if any, to Defendants' remaining property wbich ",'ill be caused
by its acquisition. AWA.lU) OF Srf;CLU. 􀁃􀁏􀁍􀁍􀁬􀁓􀁓􀀱􀀰􀁾􀀧􀁅􀁒􀁓 (, 􀁉􀁉􀀢􀁏􀁒􀁾 ....􀁲􀁴􀁳􀁾􀂷􀁲 1.1 Jj G􀁬􀁟􀁄􀁖􀁾􀁬􀁦􀁜􀁬􀁾 ,'Odl"'., 1 00'1l 01S( •.\ "'tlO
􀁾􀁴􀀮􀀧•.•􀀮􀁦􀁉􀀮􀁉􀀮􀁩􀀱􀁩􀀱􀀬􀀶􀁲􀁊􀁾􀁾 MAY-06-2003 10:12 COWLES & THOMPSON 2146722000 P.03/03 After consideration, we assess the fair market value of the Permanent Easement being
acquired by the Town of Addison and the damages, if 􀁡􀁮􀁾􀁁􀁥􀁾by its acquisition to be the toral sum of c;NG hI) f\JJMI. 􀁾􀁶 􀁾􀁶􀀮􀀡􀁁􀀭􀁬􀁶􀁊 (til.;00t! 􀁾 ) 􀁾􀀧􀁨􀁩􀁣􀁨 sum 􀁾􀀤
ro be ;» paid to the following parties as their respective interests may a:ppear: 􀁾􀀧􀁾􀀮􀀺􀀮􀀮􀀭􀀮􀀷􀁌􀀧 􀁾􀁾􀀭􀀫􀀭􀀬􀁾􀁾􀁾􀁾􀁾􀁾􀀮􀀮􀀮􀀦􀀮􀀮􀀭􀀮􀀮􀀮􀀮􀀮􀀭􀁟􀁾􀁾􀀭􀀭􀀭􀀭􀀭􀁾 Dare:
4-/1-03 􀀭􀀭􀀭􀁾􀀭􀀷􀀽􀀮􀁲􀀭􀀭􀀮􀀮􀁱􀀺􀀻􀀮􀀽􀁾􀀴􀀯􀀮􀀷􀁯􀁉􀀧􀁾􀀺􀀮􀁲􀀮􀁉􀁾􀀧􀀭-􀀮-J-O-E-FMA Tbe 􀁦􀁯􀁲􀁾􀁧􀁯􀁩􀁮􀁧 Award ofSpecial Commissioners was filed with me this day QfApril. 2003.
As provided by Section 2\.04i of the Property Code of the State of Texas, tbe fees of rhe .2003. ...... JOE PENA SIGNED thisn.day of SpeclalCommissioners which are to be taxed as cost
in this cause are set as follows: eo 8d.D ....--ROBERT Kll..EY 􀁾 􀁾􀀮􀁨􀁣􀁌􀁬􀁌􀁃􀀻􀀧 $ 47· 􀁅􀁒􀀺􀁾􀁾􀁅􀁓􀁔􀁉􀁎􀀢􀁅BRIDGES 􀀱􀁾.;..AttJ--£ 850. £fr:::-B􀁾􀁯 crz:::-'1/1.. 1-1􀁁􀁾􀀮
$..,) r --_ . AWAiUI or SPECIAL COJ,ol....􀁉􀁬􀁓􀁓􀁉􀁯􀁾􀁲􀀻􀀮􀁒􀀵 􀀬􀁾􀀬 \\ 􀁲􀁊􀁲􀀮􀀮􀁾 ,L..I'r So L'P :,1 E 0 􀀮􀁾􀁟􀁏􀀨􀁊􀁍􀀬􀁜􀁉􀀮􀀢 _o\ddi"C\h. T(\\\"r,n{.SC-.'II4""I ... hIt 2
TOTAL P.03
TOWN OF ADDISON, TEXAS RESOLUTION NO. R _ A RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF ADDISON, TEXAS DETERMINING THE NECESSITY OF ACQUIRING AN EASEMENT IN, OVER, UNDER, ACROSS AND
THROUGH REAL PROPERTY GENERALLY LOCATED AT 4139 CENTURION WAY AND OWNED BY ABSOLUTE SYSTEMS, LTD., ET AL.; AUTHORIZING ITS CONDEMNATION AND/OR APPROPRIATION FOR PUBLIC USE IN CONNECTION
WITH THE REALIGNMENT AND IMPROVEMENT OF ARAPAHO ROAD IN ADDISON, TEXAS; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE TOWN OF ADDISON, TEXAS: SECTION 1.
That for the purposes ofthis Resolution, the following definitions of terms shall apply: "PROPERTY": hereof for all purposes. The areas described in Exhibit "A" attached hereto and made
a part "PROPERTY INTEREST": Easement in, over, under, across and through the land described in Exhibit"A" attached hereto and incorporated herein. "PROJECT": Realignment and improvement
of Arapaho Road, Addison, Texas. "OFFER AMOUNT": Fifty Two Thousand Six Hundred One and No/lOO Dollars ($52,601.00). "OWNERS": Absolute Systems, Ltd. Juvat, Inc., general partner of
Absolute Systems, Ltd. Joyce Harris, individually and as officer of Juvat, Inc. Gene Harris, individually and as officer of Juvat, Inc. 276 Trust Gary B. Crouch, Trustee "LIENHOLDER":
Merrill Lynch Business Financial Services, Inc. David L. Fair, Trustee SECTION 2. That it is hereby determined that public convenience and necessity requires that the Town of Addison
should acquire the PROPERTY INTEREST in, over, under, across and through the PROPERTY necessary for the PROJECT. SECTION 3. That the PROPERTY is hereby determined to be necessary for
the PROJECT. That for the purpose of acquiring the PROPERTY INTEREST in, over, under, RESOLUTION NO. R'----PAGE 1 Docmnent #: 1036297
across and through the PROPERTY, the City Manager, or such employee as he may designate, is hereby authorized and directed to offer the OFFER AMOUNT as payment for the PROPERTY to be
acquired and full damages allowable by law, which amount represents its fair cash market value. SECTION 4. That the Town of Addison determines to appropriate the PROPERTY INTEREST in,
over, under, across and through the PROPERTY for the PROJECT under the laws ofthe State ofTexas and the provisions ofthe Charter ofthe Town of Addison. SECTION 5. That, in the event
the OWNERS accept the OFFER AMOUNT as authorized herein, the City Finance Director be and is hereby authorized to draw a check in favor ofthe OWNERS named above, or the current owners
of record, in the OFFER AMOUNT. SECTION 6. That the City is to have possession of the PROPERTY on closing; and the City will pay any title expenses and closing costs; and the City will
pay court costs as may be assessed by the Special Commissioners or the court. SECTION 7. Should the employee designated to make the official offer report to the City Attorney that the
OWNERS have refused to accept the OFFER AMOUNT as compensation for the hereinabove described taking from the OWNERS under the laws of eminent domain, which amount the City Council deems
to be the fair cash market value and all just compensation, in compliance with the laws of the State of Texas, this will be evidence that the Town of Addison cannot agree with the OWNERS
as to the damages legally allowable by law. In such case, the City Attorney is authorized and directed to file the necessary suit and take the necessary action for the prompt acquisition
ofthe PROPERTY in condemnation or in any manner provided by law. SECTION 8. That in the event the Special Commissioners in Condemnation appointed by the court return an award that is
the same amount or less that the OFFER AMOUNT, the City Finance Director is hereby authorized to issue a check not to exceed the amount of the Commissioners' award made payable to the
County Clerk of Dallas County to be deposited into the registry of the court to enable the City to take possession ofthe PROPERTY without further action ofthe City Council. SECTION 9.
That in the event it is subsequently determined that additional persons other than those named herein have an interest in the PROPERTY, then the City Attorney is authorized and directed
to join said parties as defendants in said condemnation suit. SECTION 10. That this resolution shall take effect immediately from and after its passage, as in the Charter in such cases
is made and provided. PASSED AND APPROVED this 28th day ofJanuary, 2003. Mayor Town of Addison, Texas RESOLUTION NO. R. -PAGE 2 Document #: 1036297
ATTEST: Carmen Moran, City Secretary APPROVED AS TO FORM: Ken C. Dippel, City Attorney RESOLUTION NO. 􀁒􀁾 -PAGE 3 Document #: 1036297
TOWN OF ADDISON, TEXAS RESOLUTION NO. R03·017 A RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF ADDISON, TEXAS DETERMINING THE NECESSITY OF ACQUIRING AN EASEMENT IN, OVER, UNDER, ACROSS
AND THROUGH REAL PROPERTY GENERALLY LOCATED AT 4139 CENTURION WAY AND OWNED BY ABSOLUTE SYSTEMS, LTD., ET AL.; AUTHORIZING ITS CONDEMNATION AND/OR APPROPRIATION FOR PUBLIC USE IN CONNECTION
WITH THE REALIGNMENT AND IMPROVEMENT OF ARAPAHO ROAD IN ADDISON, TEXAS; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE TOWN OF ADDISON, TEXAS: SECTION 1.
That for the purposes of this Resolution, the following definitions of terms shall apply: "PROPERTY": The areas described in Exhibit "A" attached hereto and made a part hereof for all
purposes. "PROPERTY INTEREST": Easement in, over, under, across and through the land described in Exhibit "A" attached hereto and incorporated herein. "PRO..IECT": Realignment and improvement
of Arapaho Road, Addison, Texas. "OFFER AMOUI\lT":Fifty Two Thousand Six Hundred One and 1\1\10/100 Dollars ($52,601.00). -"OWNERS": Absolute Systems, Ltd. Juvat, Inc., general partner
of Absolute Systems, Ltd. Joyce Harris, individually and as officer of Juvat, Inc. Gene Harris, individually and as officer of Juvat, Inc. 276 Trust Gary B. Crouch, Trustee "LIENHOLDER":
Merrill Lynch Business Financial Services, Inc. David L. Fair, Trustee SECTION 2. That it is hereby determined that public convenience and necessity requires that the Town of Addison
should acquire the PROPERTY INTEREST in, over, under, across and through the PROPERTY necessary for the PROJECT. SECTION 3. That the PROPERTY is hereby determined to be necessary for
the PROJECT. That for the purpose of acquiring the PROPERTY INTEREST in, over, OFFICE OF THE CITY SECRETARY R03-017
under, across and through the PROPERTY, the City Manager, or such employee as he may designate, is hereby authorized and directed to offer the OFFER AMOUNT as payment for the PROPERTY
to be acquired and full damages allowable by law, which amount represents its fair cash market value. SECTION 4. That the Town of Addison determines to appropriate the PROPERTY INTEREST
in, over, under, across and through the PROPERTY for the PROJECT under the laws of the State of Texas and the provisions of the Charter of the Town of Addison. SECTION 5. That, in the
event the OWNERS accept the OFFER AMOUNT as authorized herein, the City Finance Director be and is hereby authorized to draw a check in favor of the OWI\JERS named above, or the current
owners of record, in the OFFER AMOUNT. SECTION 6. That the City is to have possession of the PROPERTY on closing; and the City will pay any title expenses and closing costs; and the
City will pay court costs as may be assessed by the Special Commissioners or the court. SECTION 7. Should the employee designated to make the official offer report to the City Attorney
that the OWNERS have refused to accept the OFFER AMOUNT as compensation for the hereinabove described taking from the OWNERS under the laws of eminent domain, which amount the City Council
deems to be the fair cash market value and all just compensation, in compliance with the laws of the State of Texas, this will be evidence that the Town of Addison cannot agree with
the OWNERS as to the damages legally allowable by law. In such case, the City Attorney is authorized and directed to file the necessary suit and take the necessary action for the prompt
acquisition of the PROPERTY in condemnation or in any manner provided by law. SECTION 8. That in the event the Special Commissioners in Condemnation appointed by the court return an
award that is the same amount or less that the OFFER AMOUNT, the City Finance Director is hereby authorized to issue a check not to exceed the amount of the Commissioners' award made
payable to the County Clerk of Dallas County to be deposited into the registry of the court to enable the City to take possession of the PROPERTY without further action of the City Council.
SECTION 9. That in the event it is subsequently determined that additional persons other than those named herein have an interest in the PROPERTY, then the City Attorney is authorized
and directed to join said parties as defendants in said condemnation suit. SECTION 10. That this resolution shall take effect immediately from and after its passage, as in the Charter
in such cases is made and provided. OFFICE OF THE CITY SECRETARY R03-017
PASSED AND APPROVED by the City Council of the Town of Addison this 28th day of January, 2003. Mayor Town of Addison, Texas ATTEST: Carmen Moran, City Secretary 􀁾􀁲AS TO FORM: 􀁾 􀁾􀀻􀀨􀁯􀁤
Ken C. Dippel, City Attor ey OFFICE OF THE CITY SECRETARY R03-017
"EXJllBlT N' .' , ;,'Parcel 8 􀁆􀁩􀁥􀁬􀁤􀀬􀁾􀁯􀁴􀁥 Description' Arapaho Road ,Project ,Town' of. Addison 􀀬􀁰􀁡􀁾􀁾􀁡􀁾 􀁓􀁱􀁵􀁾􀁴􀁾􀀬 Texas , , BEING a description 􀀶􀀧􀁦􀂷􀁡􀀧􀁏􀀬􀀮􀀶􀀷􀀰􀁾􀂷􀁡􀁣􀁾
􀁥􀀬􀀧􀀨􀀲􀀹􀀧􀀬􀀲􀀲􀀳 square foot) tra,c:t of land 'situated in the W..H. Witt Survey, Abstract 'Number 1609, and "the David Myers suryey,' Abs·tract Number 923',' To:vin of Addison,'
Dallas '. Coun'ty, TeX'as, a!1d being a portion of a 􀁣􀁡􀁬􀁬􀁾􀁤􀀬 2",5212'a:cre tract of 'land ',:conv.e'yecl,' to J."H.'Crouch, Jr. and'Jo Doris Cr'ouch' on August, 4',:. f997, and
recorded in Volume 97153; Page 03266, of the, Deed Records' of Dallas' County, Texas, sai,d .called 2.5'212 acre' tract bed.ng all of "Lo:t' 6, "Surveyor Addition', Addison West Industrial
􀁾􀁡􀁲􀁾􀀧􀀢 an addition to the Town of Addison, as, evidenced' by: ,the plat dated March 29, 197 9, 􀁡􀁮􀁾 recorded in Volume, 79130, ,Page' 2495 of said Deed Records, sai,c;i 0.6709
acre tract cif 'land' '·:being mote 􀁾􀀻􀁡􀁲􀁴􀁩􀁣􀁵􀁬􀁡􀁲􀁬􀁹 described b,Y met'es and' bounds' a's follow-sf , .. " ... ,' BEGINNING at a 1/2 inch iron rod found in' the' proposed'
North right' of way line 'of 􀀧􀁁􀁲􀁡􀁰􀁾􀁨􀁯 Road and the South right .of'· 'way line, o,f 'p. 100 foot' wide' r:ailroad. right" of .way as ,c;'onveyed ,to' Dallas.'Are'a, . 􀁒􀁾􀁰􀁩􀁤􀀧
􀂷􀀮􀀧􀁔􀁲􀁾􀁄􀁳􀁩􀁴􀀬 􀁾􀁲􀁯􀁰􀀧􀁥􀁲􀁴􀁹􀀧􀂷 ",Acqui;:;ition" Corpor'at'i on', (he,rein r,eferred to 'as Dt:>RT) 'on' December' 27', '19.90 and' re'corded ' ,in Volume 91008" Page 139.0
.of' 􀁳􀁾􀁩􀁤􀀧 􀁄􀁥􀁾􀁤 Records, 􀁳􀁾􀀮􀀮􀀮􀁩􀁤􀀬 poi.nt being th'e common Northeast:'::" corners of said, called 2.5212 acre tract and "Lot 6,. Surveyor Addition, l\,ddisonWest 􀁉􀁮􀁤􀁵􀁳􀁴􀀫􀀺􀀬􀁩
􀁡􀁾 Park", and No'rthwe'st corner of a 'called 3 .. 4654 acre tract of land, 25% interest 􀁣􀁯􀁮􀁶􀁥􀁹􀁥􀁤􀁾􀁢􀁹 Epina 􀁾􀁲􀁯􀁰􀁥􀁲􀁴􀁩􀁥􀁳 Limited fo 15101 Midway Road' Partners, LTD.
>'on 'December 25, '1998 and recorded' in Volume 98250,: Page' 02787 ,i:of said Deed Records, . 75% interesJ:' conveyed by Lehndorff & ,?abson Property Fund to 15101 􀁩􀁶􀀮􀁩􀁩􀁤􀁷􀁾􀁹􀀬
Road 'Partners,' LTD. on 􀁄􀁥􀁣􀁾􀁩􀁮􀁢􀁥􀁲 25, 1998 and recorded in Volume 98250, Page 02796 of said peed Records, said called 3.4 654 􀁡􀁣􀁾􀁥 tract 􀁢􀁾􀁩􀁮􀁧 all of 􀁴􀁨􀁾􀀧􀀬􀀧
Sprveyor Addition, Addison West ...... Ind\lstriaf . 􀁰􀀧􀁡􀁲􀁫􀁾􀀧 . an", "additi6n",' to ' 'the' 'T6:wn" of 􀀧􀀭􀀭􀁁􀁤􀁤􀁩􀁳􀀧􀀶􀁮􀁾􀀧 . ,'a's:'" . evidenced' by the plat' 􀁤􀁡􀁴􀁾􀁤
'October .24, '1978 'and recorded i!i, ,Volume 79029, Page 0984 of, said Deed Records'; , •••••• a • 􀂷􀁾􀁾􀀮􀀺􀀮􀀮􀀮􀀮􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀮􀀭 •• -·--·-----.--a __ ----" ••••• THENCE, SOUTH
00°07'27" W'EST (caJ,.led South Opo08'05" West), .departing said lines and :along the common East line of said called 2.5212 acre tract ,and West liDe of said ca'lled 3.4654 acre tract,
a distance of 78.96, feet to a 5/8 inch :iron rod set in the proposed South right:Sf W?y line of 􀁁􀁲􀁾􀁰􀁡􀁨􀁯 Road; ".-=. • OFFICE OF THE CITY SECRETARY R03-017
PARCEL 8 ARAPAHOROAD PROJECT All: bearings' ,are referenced to the North Right of Way line of centurion Way, called S 89°51' 55" E, according to the final plat" of Lot 3, Surveyor Addition, recorded
in Vol. 77173, 􀀧􀁐􀁡􀀹􀁾 135, Deed Records of< Dallas· 􀁾􀀶􀁵􀁮􀁴􀁹􀀻 T!'=xas. " ,'" , : A plat of even ",survey date herewith accompanie's, this description. I, Ayub R.' Sandhu" '.
a· Reg istered 'Professionai,Land Surveyor, hereby 'certify' that -the 'legal description. her.eon and. the 􀁡􀁣􀁣􀁯􀁭􀁰􀁡􀁮􀁾􀁊􀁰􀁧 plat represent' an actual survey made on' the' 􀀺􀀮􀀺􀀮􀀹􀁲􀁯􀁵􀁾�
� under my supervision,.', 􀁾􀁾􀀻􀀼􀁾􀁾􀀯􀀯􀀭􀀯􀀻􀀲􀀮􀀭􀀷􀁲 􀁁􀁹􀁾 R., Sandhu, 􀁒􀀮􀁐􀀮􀁌􀀮􀁾􀀮 ' Texas Registration No.,,2910 ,'. :, OFFICE OF THE CITY SECRETARY ., ." R03-017
o11 1] om o.1.1, Im o􀁾 (J) mo:IJ 􀁾:IJ -< ------'"--"-'r'-:---'.-.. <=ee= --􀀮􀀢􀀽􀀬􀁾􀀭􀀽􀀭􀀭􀀭􀀭􀀬􀀬􀀬􀀭􀀬􀀬􀀭􀁾􀀮􀀬 .........􀁾􀀭􀁾􀀭􀀭􀁾􀁾􀀭􀀭􀁊 0-'8 --.... -, , .'.,,-7.-==-;-.----....
I "I . , ' p-w' • r'" 30' WATER 􀁅􀁁􀁓􀁅􀁍􀁅􀁎􀁔• 􀁾,􀀢",' r' .. F,.,,,,,! , V) I MAl' 111 L 􀁾􀁮 '_ --l . -_ ----__\__􀁾􀁾 I g.o -. , 1."11". 􀁾 􀁾􀀧􀁩􀁯 􀁾􀀮􀁾􀀮􀀬􀀬􀀡 􀁟􀀮􀁟􀀮􀁾􀁾
􀁓􀁾􀁒􀁏􀁐􀀭􀁏􀁓􀁅􀁄􀀭􀁁􀁒􀁁􀁐􀀮􀁁􀁈􀁯􀀭􀀮􀁒􀁏􀁁􀁄􀀭􀀭􀀧􀀭􀀭􀀭􀀭------'----...--:J1'.-g-"","O! oaR. 􀁾 '. 􀁲􀀮􀁧􀁾􀁾 • • 􀁾􀀢 ... T< 􀁾 0 u , , I, 50' DRAINAGE 􀁃􀁈􀁁􀁎􀁎􀁅􀁾 eo ...
". -'--:., gtl.9, I CO" co. rl _.__􀀮􀀮􀀻􀀻􀀻􀁾􀀮􀀽􀀭􀀬􀀬􀀺􀀮__l ..__􀀮􀁾􀁾 \i 􀁾 =\\1u;;-. 􀀼􀀺􀁾􀁾􀁾􀁷􀁍􀁅􀁎􀁔 􀁾 􀁾􀁪􀀬􀀭􀀽􀀺􀁾􀀮􀁾􀁟􀁾 i 􀀮􀁾 ·r,lJl-􀀺􀀬􀁾􀁾􀀺􀁴􀀭􀀭􀀭􀀭􀀭􀀭􀀽􀀭􀀺􀀧􀀺􀀭􀀢􀂷􀂷􀂷􀀭
., O' DENOTES A FOUND POINT AS INDICATED DENOTES A 5/8" IRON ROD SET UNLESS OTHERWISE NOTED ---PROPOSED RIGHT OF WAY LINE LOT 6 SURVEYOR ADDITION ADDISON WEST INDUSTRIAL PARK MARCH'29,
1979 VOL 79130, PG. 2'1-95 D,R.D.C.T. ,_ ' --"..􀀬􀁾􀁾􀀭􀁾 '7""'·-'"􀀢􀀽􀀭􀀭􀀽􀀭􀀭􀀭􀀢􀁪􀀨􀁪􀂷􀀸􀀹􀂷􀀵􀁾􀀧􀁾􀂷􀀹􀂷􀂷􀀢􀁗 􀀭􀀭􀀧􀀭􀀢􀀧􀀺􀀻􀀭􀀬􀀺􀀵􀀷􀁯􀀺􀁲􀁯􀁾􀀧 .N......''';'''.,'' 􀀢􀁾􀀻􀀻􀀻􀀻􀀺􀀻􀀻�
�􀀭􀀭􀀭􀀬􀀻􀀻􀀻􀀻􀀮􀀮􀀮􀁪􀁾􀀺􀀬􀀬􀀬􀀭._'--'" . !,J;;,!!,,-Fj";L' ._ ••• '" ... " \ ':,. , \ n. , _ J' --_·'--cAu:;i'Jd 3.465 AC. set "'x' 􀁾􀁎 􀁃􀁾 .' -• . 2 􀀬􀀬􀀬􀁾􀀻􀀧􀀮􀀢􀁉􀁴􀁩􀀼􀀧
n 􀁾􀀬􀀬􀀧 q . ,-_."'-1,;; 15101 I.i,Olf.A¥--R9AO PARlNERS, LID. :J -DECEMBER 25. 1998 >-1'" " 'VOL 98250, ·PG. 02787 (257. INTEREST) 􀁾 VOL 98250. PG. 02796 (757. lNTEREST) gj -D.R.D.C.T.
(1)1 CAllEO 2.5212 AC. LOT 4 _ w ,J. H. CROUCH .JR. AND SURVEYOR ADDITION I-JO DORIS CROUCH "ADDISON WEST .:-i1 AUGUST' 4. 1997 INDUSTRIAL PARK' VOL 97153. PG. 3266 DECEMBER 26, 1978
􀁾 D.R.D.C.T• .-, VOL. ,79029." PG_ 􀀬􀀰􀀹􀁡􀀮􀁾 , It ' , D.R.D.C. T.' ,,-,:of; PARCEL-8 " "A PLAT OF, A 0.6709 ACRE (29:22.3" SQ. FT.) TRACT OF LAND" . " 􀀧􀁾 IN THE W.H. Wln'SURVEY
􀀧􀀻􀁐􀀮􀀿􀁾􀁏􀁆􀀢􀀢􀀧􀁾 . ASS TRACT NO. 1609 ....<;;. ,!􀁾 􀁾􀁜􀁾 & DAVID MYE: RS SURVE Y ......􀁾􀀮􀁾􀁇􀁾􀁅􀀧􀀧􀀧􀀱􀁾􀀮􀁾􀁬􀀧􀀮􀁬􀀮􀁜 ABSTRACT NO. 923 0.-'1:' -p( 􀁾􀁾􀀨􀁐 􀁾 􀁦􀀮􀁘􀁾􀁾􀀺􀁾􀀻􀀺􀀺􀁾
􀁾􀁈􀀿􀁾􀁾􀀯􀂷' 􀁄􀀧􀁁􀁾􀁌􀁾􀁁􀁾 􀁃􀁾􀁕􀁾􀁦􀁾􀀧􀁓􀁔􀁾􀁁􀁓 􀁾􀀲􀀰􀀭􀀭􀁊􀀧 <: "'fa 91 􀁾􀀬􀀬􀀡􀀺􀀯􀁃􀁊􀀺􀁲􀀧 50 0 25 50 ,-100 􀀢􀁾􀀢􀀢􀁖􀁾􀀺􀀺....􀁾..o􀁓􀁓􀁜􀀮􀀧L􀀿.-.􀁾􀁾􀁾􀀧􀁟􀀻􀁬􀀡􀁾􀀢􀁾􀀭􀁾􀀧􀁩􀁩􀁩
􀁩􀁩􀁩􀁩􀁩􀁩􀁩􀁩􀁾􀀧_.-J' 􀁁􀀮􀁾 'b ....... 􀀢􀀧􀁾􀀮 e------[I • 􀁾 .... ' ""I'::. 􀀬􀁾 , , 􀀺􀁇􀁒􀀭􀁁􀁐􀁾􀁉􀁉􀁃􀀢 SCALE '" _ , ';/1-/-:"-ir . 1 'INCH;" 50 FT. MICHAEL B. SCHIFF ' AUGUST
'31, 1982 VOL 82172, PG. 2888 D.R.D.C.T. __ JNTERVEST COMPANIES ADDITION. , ,OCTOBER 29. ,1982 " .' VOL. 83017. PC. 2268 .. O.R.D.C. T. :5: EASEMENTS SHOWN ARE TAKEN FROM THE PLATS INDICATED
cON. THE SURVEYOR DID NOT ABSTRACT THE SUBJECT 'ERW SO All EASEMENTS MAY NOT BE SHOWN. BEARINGS ARE' REFERENCED TO THE --l\IloRrH RIGHT OF WAY OF CENnJRION WAY, CALlED S 89'51'55" E.
ACCORDING TO FINAL PLAT OF LOT 3, SURVEYOR ADDITION, RECORDED IN 77173, PAGE. 135. O.R.D,C,T. :GAL DESCfllPTlDN QF' EVEN SURVEY DATE" HEREWITH )MPANIES THIS PLAT. ' , :IJ oVJ I o......
'"
DATE SUBMITTED: May 6, 2003 FOR COUNCIL MEETING: May 13, 2003 Council Agenda Item SUMMARY: This item is to request Council consideration ofthe Award of Special Commissioners, in the
amount of$115,000.00, for the acquisition of a 0.6709 acre Permanent Easement owned by Absolute Systems, LTD., et al. FINANCIAL IMPACT: Budgeted Amount: Appraised Value: Source ofFunds:
BACKGROUND: N/A $52,601.00 Funds are available from Year 2000 General Obligation Bond Program, Project No. 83300. The right-of-way acquisition process is currently underway on the proposed
Arapaho Road, Phase III project. Approximately 0.6709 acre of permanent easement adjacent to the proposed extension of Arapaho Road (see attached Parcel 8 map) is required as part ofthe
proposed roadway improvements. This parcel is a portion ofLot 6, Surveyor Addition, and is owned by Absolute Systems, LTD., et al. In September 2002, the firm ofHipes & Associates appraised
the fee simple value of the 0.6709 acre of permanent easement at $52,601.00. By Council Resolution, dated January 28,2003, this appraised value was authorized for payment to the property
owner in the event of a settlement between the two parties, or if the Special Commissioners in Condemnation appointed by the court return an award that is the same amount as the appraised
amount. The actual award established by the Special Commissioners was $115,000.00, which exceeded the appraised value by $62,399.00. RECOMMENDATION: It is recommended that Council approve
payment to Absolute Systems, LTD., et aI, based on the Award of Special Commissioners, in the amount of$115,000.00, for acquisition of a 0.6709 acre Permanent Easement from Lot 6, Surveyor
Addition.
Item #R1 -Item #R2-[Q)MlFlr AGENDA REGULAR MEETING OF THE CITY COUNCIL APRIL 22, 2003 7:30 P.M. COUNCIL CHAMBERS 5300 BELT LINE ROAD REGULAR SESSION Consideration of Old Business. Consent
Agenda. " City Council Agenda 4-22-03
CONSENT AGENDA #2a -Approval of the Minutes for the April 8, 2003 Council Meeting. City Council Agenda 4-22-03
Item #R3 -Appointment of members to the Charter Review Commission. Administrative Comment: Section 11.29 of the Charter states that each Councilmember shall have the right to appoint
two members to the Commission. Item #R4 -Consideration of a Resolution approving a Change Order in the amount of $221,291.00 to a previously approved contract with Abstract Construction
Company for the construction of the Arts and Events District. Attachments: 1. Council Agenda Item Overview 2. Change Order Administrative Recommendation: Administration recommends approval.
Item #R5 -Consideration of a Resolution authorizing the City Manager to enter into a sponsorship contract with Lowenbrau to be the primary import draft beer sponsor of the 2003 Addison
Oktoberfest with the option to renew for the 2004 event. Attachments: 1. Council Agenda Item Overview 2. Import Beer RFP Proposal Comparison 3. Executive Summary 4. Contract Administrative
Recommendation: Administration recommends approval. Consideration of a Resolution approving the Guidelines for the Addison Arts and Events District Functions which 􀁲􀁥􀁰􀁬􀁡􀁾􀁥 the
current Addison Conference & Theater Centre Guidelines. Attachments: 1. Council Agenda Item Overview 2. Permit Guidelines for Addison Arts & Events District Functions 3. Executive Summary
City Council Agenda 4-22-03
Administrative Recommendation: Administration recommends approval. Item #R7-Item #R8-Consideration of a Resolution approving the Permit Guidelines for the Addison Arts and Events District
events. Attachments: 1. Council Agenda Item Overview 2. Permit Guidelines for Addison Arts & Events District Functions 3. Executive Summary Administrative Recommendation: Administration
recommends approval. 􀁲􀀧􀀢􀀬􀁮􀁳􀁩􀁾􀁥􀁲􀁡􀀫􀁩􀁬􀀢􀁜􀁮 Of 􀁾􀁮 A ..rli....",."....",..."" ,... .......... "n,..l:nl"'t "'he 1"'0""-_of f"'\ ...,.J: of "'L.._ T_...__of ,",VII IU I "VII
I al. 'lJIUlllallvv 􀁡􀁬􀁩􀁬􀁶􀁬􀁬􀁕􀁉􀁉􀁉􀁾 UI \J UV VI VIUIIIClllvv;:) VI L1lv IVVVII VI Addison to create a new chapter, 67-Special Events, and repealing Division 2 of Article III
of Chapter 54. Attachments: 1. Council Agenda Item Overview 2. Ordinance 3. Executive Summary Administrative Recommendation: Administration recommends approval. Item #R9 -Consideration
of approval and Resolution authorizing the City Manager to enter into a contract in the amount amount of $40,194.00 with RCC Consultants Inc. to provide consulting services to assist
with the procurement of equipment, site preparation, system im mentation, and system acceptance and coverage testing (Phase III) as part e planned upgrade of the public safety radio
system. Attachment. 􀁾􀁾􀁾 1. Council Agenda Item 􀁯􀁶􀁥􀁾 2. Proposal 3. Contract Administrative Recommendation: Administration recommends approval. City Council Agenda 4-22-03
Item #R10 -Consideration of a Resolution authorizing notice of Certificates of Obligation. ! J /Attachments: 1. Council Agenda Item Overview Administrative Recommendation: Administration
recommends approval. /Item #R11 -Presentation of the 2003 Addison Arbor Foundation Beautifi Attachments: 1. Council Agenda Item Overview 2. Memorandum to Ron VVhitehead 3. Addison Arbor
Day General Overview EXECUTIVE SESSION Item #ES1 -Closed (Executive) session of the City Council, pursuant to Section 551.072 of the Texas Government Code to deliberate the purchase
or value for public purpose(s) of certain real property, located in the Addison Airport Industrial District Addition. Adjourn Meeting Posted 5:00 p.m. April 16, 2003 Carmen Moran City
Secretary THE TOWN OF ADDISON IS ACCESSIBLE TO PERSONS WITH DISABILITIES. PLEASE CALL (972) 450-2819 AT LEAST 48 HOURS IN ADVANCE IF YOU NEED ASSISTANCE. City Council Agenda 4-22-03
_:J¥iQ;i'N.li.& it&ilili.i. MAY,-OS'03[MON) 09:01 TEL:972 422 9322 GAY, McCALL, ISAACKS, GORDON & ROBERTS, P,C. AT'J'ORNI,\'S AND I.'UllNSI:Ll1RS P. 001 .rOI·IN E. 0.'\Y SYDNA 1-1, (iORIJON
LEWIS L. ISAACKS·I. RAC'I-ll:L KING MARC' MAY DAVID 1:1. McC'.'\II.'I' KI-:I.II ROACH WILLIAM .1. 􀁒􀀰􀀱􀀳􀁉􀁾􀁒􀁔􀁓􀀪 H􀁉􀁾􀁁􀁔􀁈 £I{ 􀁓􀁬􀀧􀁈􀀮􀀧􀁜􀁉􀁾􀁉􀀢􀁲􀀮􀁒 DATE: 777 L'\,';T
ISTH STR b:ET I'LA NO. TEX AS 75(17·1 􀁦􀀩􀁮􀀯􀂷􀀱􀁾􀂷􀀱􀂷􀁈􀀵􀁕 1 • i\ 111l1'IIl.:l'·ML:di'IlLlr fAX; 􀀧􀀩􀁮􀀯􀂷􀁬􀁾􀀴􀂷􀀵􀀨􀁬􀁉􀁌􀀩 -lhHlnl Cl'ITilkcl ('j,'il Trial Lil \\' TL'X:1S
1I0nrcl of 􀁲􀀮􀀮􀁾􀁾􀁾􀁉􀂭 􀁓􀁲􀁊􀁌􀀺􀁌􀀺􀁩􀀺􀁬􀁬􀁩􀁺􀁾􀁴􀁩􀁬􀁬􀁬􀁬 OS/05/0J TIME: 9:20 tl.lll, 􀁾􀁢􀁅MESSAGE COVER SHEET Following iii/are 2 page(s) Including tbis c()ver. If any part
of this message is missing or received poorly, please call the sender os soon I\S possible. PLEASE DELIVER UPON RECEIPT TO: MJchllCI Murphy Angela Washington FAX NO. 972-450-2837 214-672-2020
FR: Lewis hallcks RE: Addi,on v. 276 TI1I"; C􀁾 􀁾􀀩 MESSAGE: CONFmENTlALIIY NOTTCR The int'ormutlon contained in this facsimile mcsuge and documents accompanying same arc legally privileged
qnd confidential information intended only for tbe use of the indtviduill or end!)' named herein. Ifthe fCllder of tbis messnge 19 not the intended recipient, you Arc hereby notified
tltnt llny dIssemination, distribution or copy of this teJecopy is strictly prohibited. If you IHlve received tbis telecopy in error, plcilsc immediately notify us hy telephone and return
the original message to us Itt the address above via the United StRtes Postal Service. Thank you.
_:'¥i'¥iiWi,I,.kW iUSill...]. MAY. -OS' 03 (MON) 09:01 TEL:972 422 9322 P. 002 LAW OrFJCES GAY, MCCALL, ISAACKS, 􀁇􀁏􀁉􀁾􀁄􀁏􀁎 & RODERTS /\ "nOF/lSSIONI\/. COIWOlt"'T,ON 777 EAST 15m
STRF.RT PLANO. TI,x/\s 75074 972/424·H50/• Fl\x 971/424-5619 ImlN E. C1.w SYflNI\ 11. GUItUUN LEWIS L. ISI\,\('1\5 ..,+ 􀁉􀁾􀁁􀁃􀂷􀀱􀀱􀀱􀀺􀀱􀀮 L. 1(1t'l0 M/IIlL It MI\Y ,. 1.11,1111)
M.CI\II.+ 1(1'1.1.1 r.. ROACII WlI..I.I,Itv! .I. ROUl.ill'ls .,. HI:i\TllliR .\. 􀁾􀁴􀀺􀁲􀀧􀁉􀁉􀁜􀁉􀀺􀁆􀁅􀁮 VIA FACSIMILE NO. 972-450-2837 Michael E. Murphy, P.E. p, O. Box 􀁾􀁏􀁬􀁏
Addison, Texas 75001-9010 Muy 5, 2(0) .., SUIIIlU CI:ItTlrlr.f> -CIvil. TlliAL LAW TI'lo:t\s BUAfW or 1.1''''11. Srl:CIAIJZf(I"JUN <' llnt\llD 􀁃􀁉􀁾􀁉􀁉􀂷􀁲􀁬􀀱􀀧􀁭􀁛􀀮􀁬 -FIIM".Y I_AW
TliAAs B(M,(i) I)" 1..1'1;/\/. SI'IiC//\/.UI'I'/ON + I\:rrOf(NE" -MWllITClIl Re: Cause No. 03-0 1967-B; Tt)wn 􀁯􀁙􀁁􀁤􀁤􀁩􀀬􀁾􀁯􀁮 v. Absolute Systems, Ltd., er <II; Om File No. 935
16,(U(J54 Den!' MichaeL 􀁂􀁡􀁳􀁾􀁤 􀁾􀁬􀁰􀁏􀁉􀀱 􀁴􀁨􀁾 􀁵􀁵􀁲􀁃􀁏􀁦􀁬􀁬􀁾 oI'f/le CotTIlllis:iinIlCrS' ht,ht,jring, illS mytmuel'sr:mdillg rhii! the Town of AdLlisoll docti not wish
to file 􀁯􀁢􀁪􀁾􀁣􀁌􀁩􀁯􀁮􀁳 to the C\\Il)J)lis:ii0I10I'S' AWJl'd. As you know, if' 􀁯􀁢􀀮􀁩􀁣􀁣􀁴􀁩􀁯􀁬􀁬􀀾􀁾 􀁡􀁲􀁴􀁾 not tiled OJ) llr before rl)(' Mond'ly after the 20'11 dny tll:ll
the. CO/lll11issioners tile their Award with the 􀁃􀁏􀁾􀁬􀁲􀁴􀀬 􀁴􀁬􀁊􀁾 AW£lrc1 will become the .ludgll1cnl of'thc COllrt. I anticipate Ihm rhe: 276 􀁔􀁲􀁵􀁾􀁬 will file ohjectioll!>
10 the AwDrd. However, if the Town tyf Add ;son 􀁩􀁾 in d;sagrL:clllclll with tht' Commissioners' Award lInci wanls (0 protect its 􀁩􀁮􀁴􀁾􀁲􀁣􀁳􀁴􀀮 􀁰􀁬􀁬􀀻􀀺􀁾􀀧􀁳􀁣 <1Clvisc me so
lhal we may timely file such objel.:liolls. If 􀁯􀁬􀁾􀁩􀁥􀁣􀁛􀁩􀁯􀁬􀁬􀁳 ..re: nottimely tiled by eilhL:'r pl'llty, lhclllhe $115.0lJO Commissioners' Awmd will bccnl1lC the .Iudglllcllt
of till: COllI1, Should you 􀁨􀀨􀁬􀁶􀁾 lilly 􀀨􀁬􀁬􀁉􀁾􀁳􀁛􀁩􀁯􀁮􀁳􀀬 ur Ilt't:d ro di,cuss 􀁴􀁨􀁩􀁾 I1Hlue,,, 􀁰􀁬􀁥􀁾􀁬􀁦􀀻􀁣 do !lot hesitate lO 􀁃􀁏􀁬􀁬􀁴􀁾􀁉􀁬􀀧􀀨 me. LLlzihg xc:
Angel., Washingto!1, t:.sq.
LAW OFFICES #.:39 􀁾􀀮􀀬 GAY, MCCALL, 􀀡􀁾􀁾􀁾􀀻􀁯􀁾􀁩􀀺􀁯􀁾􀁾􀁾􀁏􀁎& ROBERTS 􀁾 777 EAST 15TH STREET PLANO, TEXAS 75074 972/424-8501 • FAX 972/424-5619 JOHN E. GAY SYDNA H. GORDON LEWIS
L. ISAACKS T + RACHEL L. KING MARCR. MAY * DAVID MCCALL+ KELLI L. ROACH WILLIAM J, ROBERTS + HEATHER A. SCHAEFER June 3, 2003 T BOARD CERTIFIED -CIVIL TRIAL LAW TEXAS BOARD OF LEGAL
SPECIALIZATION * BOARD CERTIFIED -FAMILY LAW TEXAS BOARD OF LEGAL SPECIALIZATION + ATTORNEY -MEDIAmR CERTIFIED MAIL, R.R.R. Ban)' R. Knight, Esq. Winstead, Sechrest & Minick, P.e. 1400
Renaissance TO\ver 1201 Elm Street Dallas, Texas 75270 Re: Cause No. CC-03-01967-B; Town of Addison v. Absolute Systems, Ltd., et al; Our File No. 93516.03054 Dear Bany: Enclosed please
find Plaintiff s Request for Disclosure and Plaintiff s Request for Production of Documents and First Set ofIntenogatories in connection with the above cause. )/' //\. 􀀢􀀧􀁌􀀯􀀧􀁾 WISL.
􀁾􀀭􀀭􀁓􀀧 LLI/jbg Enclosure xc: Angela Washington, Esq. Mr. Mike Murphy
No. CC-03-01967-B TOWN OF ADDISON, TEXAS §§§§ w. §§ ABSOLUTE SYSTEMS, LTD., 276 TRUST§ AND MERRILL LYNCH BUSINESS § FINANCIAL SERVICES, INC. § IN THE COUNTY COURT AT LAW, NUMBER 2 DALLAS
COUNTY, TEXAS PLAINTIFF'S REOUEST FOR DISCLOSURE TO: 276 TRUST, Defendant, by and through its attomey of record, BaITy R. Knight, Esq., at Winstead, Seclu'est & Minick, P.c., 1400 Renaissance
Tower, 1201 Elm Street, Dallas, Texas 75270. Plaintiff, TOWN OFADDISON, TEXAS, hereby serves its Request for Disclosure pursuant to Rule 194. You are hereby requested to disclose, within
thiliy (30) days of service of this request, the infoJ11lation or material desclibed in Rule 194.2, including the follo\ving: (a) the correct names of the parties to the lawsuit; (b)
the name, address, and telephone number of any and all potential paliies; (c) the legal theories and, in general, the factual basis ofthe responding party's claims or defenses; (d) the
amount ofand anymethod ofca1culating economic damages: i.e., taxes in dispute and/or attomey's fees; (e) the name, address, and telephone number of persons having lmowledge of relevant
facts, and a brief statement of each identified person's connection in the case; (f) for aI1Y testifying expeli: REQUEST FOR DISCLOSURE G,IWORKILITSUPIlJ B GIE_DOMAI."'\Addison, Town
ofIDisclosnre.req.wpd Page 1
(l) the expeli's name, address and telephone number; (2) the subject matter on which the expeli will testify; (3) the general substance ofthe expeli's mental impressions and opinions
and a blief summary of the basis for them, or if the expert is not retained by, employed by, or otherwise subject to the control of the responding pariy, documents reflecting such information;
(4) ifthe expeli is retained by, employed by, or otherwise subject to the control of the responding party: (A) all documents, tangible things, repolis, models, or data compilations that
have been provided to, reviewed by, or prepared by or for the expeli in anticipation of the expeli's testimony; and (B) the expert's CUITent resume and bibliography; (g) any discoverable
witness statements. Respectfully submitted, /'LE is. CKS I /Texas Bar No. 10430300 􀁾 GAY, McCALL, ISAACKS, GORDON & ROBERTS, P.e. 777 East 15th Street Plano, Texas 75074 Telephone:
972/424-8501 Telecopier: 972/422-9322 Attorney for Plaintiff REQUEST FOR DISCLOSURE G:\WORKILITSUP\IJ B GIE_DOMAl,<c'\ddison. Town of\Disclosure.req.wpd Page 2
CERTIFICATE OF SERVICE I, LEVlIS L. ISAACKS, attomey ofrecord for Allen Independent School District, do hereby celiifythat a tme and COlTect copy ofthe foregoing Plaintiffs Request for
Disclosure has been mailed by celiified mail, retum receipt requested, to Bany R. Knight, Esq., Attomey for 276 Tmst, at 􀁜􀁖􀁩􀁮􀁳􀁴􀁥􀁡􀁾􀁾􀁣􀁨􀁲􀁥􀁳􀁴& Minrcl:-", .c., 1400 Renaissance
Tower, 1201 Elm Street, Dallas, Texas 75270, on this day of ,2003. REQUEST FOR DISCLOSURE G:IWORKILITSUPIJJ B GIE_DOMAIN\Addison. Town ofIDisclosure.req.wpd Page 3
No. CC-03-01967-B TOWN OF ADDISON, TEXAS §§§§ n. §§ ABSOLUTE SYSTEMS, LTD., 276 TRUST§ AND MERRILL LYNCH BUSINESS § FINANCIAL SERVICES, INC. § IN THE COUNTY COURT AT LAW, NUMBER 2 DALLAS
COUNTY, TEXAS PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS AND FIRST SET OF WRITTEN INTERROGATORIES TO: 276 TRUST, Defendant, by and through its attorney ofrecord, Ban)' R. Knight,
Esq., at \Vinstead, Sechrest & Minick, P.C., 1400 Renaissance Tower, 1201 Elm Street, Dallas, Texas 75270. Pursuant to Rule 196 and Rule 197, Texas Rules of Civil Procedure, you are
hereby required to: 1. Answer fully and factually each of the IntelTogatories hereinafter set out; 2. FU111ish all inf01111ation called for in the Request for Production, as is available
to you, your officers and/or agents; 3. Sign your responses; 4. Swear to yom responses to the IntelTogatories; 5. Serve your answers upon the undersigned attomey within thiliy-one (31)
days after service 011 your attorney ofrecord, or within such other time limit as specified by the COUli. PLAINTIFF'S REQUEST FOR PRODUCTION A..ND FIRST SET OF INTERROGATORIES G:\\'ORK.LITSL:P.I.I
B G·t_DOMMN ,,·\ddi,OIl. TO\\'I1 ofDi,co\wy.roq Page 1
6. You are fmther instructed that: (a) To the extent possible, you should answer these InterTogatories in the spaces left therefor, following each IntelTogatOly. Answers may be continued
on separate sheets of paper attached to these IntelTogatories. (b) The tenll "Addison" as used herein, refers to the TOVv'N OF ADDISON, TEXAS, Plaintiff in the above styled and numbered
cause of action, its officers, directors, servants, agents, and/or employees. (c) The term "276 Trust" as used herein refers to 276 TRUST, a Defendant in the above styled and numbered
cause of action, its officers, directors, servants, agents, and/or employees. (d) The term "subject propeliy" as used herein refers to that certain U'act of land depicted on Exhibit
"A" attached hereto, and which is the subject of this condemnation. (e) The term "pel111anent easement" as used herein means that pOItion of the subject property being acquired by Plaintiff
as a permanent easement herein, as described in particular detail in Plaintiffs Statement in Condemnation. (f) The term "remainder" as used herein means that portion of the subject properiy
to which Plaintiff is not acquiring a pel111anent interest, in this action. (g) The term "date of taking" as used herein refers to May 19.2003. PLAINTIFF'S REQUEST FOR PRODUCTION AA'D
FIRST SET OF Ll\'TERROGATORIES G:.WORKJ.ITSUP.1J B Gc_DOMAI!\ Addison. To\';n ofDi,co\'cry.rcq Page 2
(11) The tenll "document" is used in its customary broad sense to include, by way of illustration only and not by way of limitation, all written and graphic matter of every kind and
description, whether printed or reproduced by any process, or written and/or produced by hand, whether final draft, original or reproduction, whether or not claimed to be privileged
or otherwise excludable fr0111 discovery and ",'hether in the actual or constructive possession, custody, or control of Defendant. (i) As used herein, "identify" or to give the "identity"
of, means: (i) in the case of the person, to state: (a) name; (b) last lmown address; (c) employer or business affiliation; and (d) occupation and position held. (ii) in the case of
a document, to state: (a) identity of the persons preparing or who prepared it; (b) its title or a description of the general nature of its subject matter; (c) the date of its preparation;
(d) the date and manner of distribution or publication, if any; (e) location of each copy and identity of present custodian; and (f) identity oftbe persons who can identify it. (iii)
in the case of c0111munication, to state: PLAINTIFF'S REQUEST FOR PRODUCTION A.l\'D FIRST SET OF Ll\\TERROGATORIES G:WORKLITSUP.I.llJ GE_DOMAI!\ .'\ddison. Town ofDisco,,"ly.rcy Page
3
(a) any and all cOlTespondence, letters, memoranda, conversations, and records of any conversations, either in writing or upon any mechanical, electrical or electronic recording device;
and (b) any and all oral conversations. (i) If any answer is refused in whole or in pa11, on the basis of a claim of privilege/exemption, state the following: (i) the nature of the privilege/exemptio
n claimed; (ii) the general nature of the matter vvithheld (e.g., substance of conversation of the withheld infol111ation, name of organization); (iii) names ofpersons to \vhom the infol111ation
has been impar1ed; and (iv) the extent, if any, to v/hich the information will be provided, subject to the privilege/exemption. 􀁄􀁏􀁃􀁕􀁍􀁅􀁎􀁔􀁓􀁔􀁏􀁂􀁅􀁐􀁒􀁏􀁄􀁕􀁃􀁅􀁄􀁂􀁙􀁄􀁅􀁆􀁅􀁾􀁾􀁁􀁎􀁔
1. Any and all repOl1s, w1itings, memoranda, or other documents containing or reflecting the opinions or work products of any consulting expe1is, who will not be called to testify at
the trial ofthis case, but whose opinions may form the basis, in whole or in pari, ofthe opinions of any expe11 witnesses you intend to call to testify at the trial ofthis case. 2. A.l1Y
and all cOlTespondence or any document evidencing any communication between Plaintiff and Defendants related to the subject property. 3. Any and all correspondence or document evidencing
any other communication between Defendants and any otherperson from January 1,2001 to the present time related to the value of the subject propel1y or any eff0l1 to market or sell the
subject property. PLAINTIFF'S REQUEST FOR PRODUCTION A.l'IID FIRST SET OF INTERROGATORIES G: WORt..:. L1TSL'P l.l B G.E_DO!\-1;\J?\ Addisoll. Town 􀀨􀀩􀁦􀀮􀁄􀁪􀁳􀁃􀀨􀁬􀁜􀀧􀁃􀁔􀁾􀂷􀀮􀁲􀁣􀁱
Page 4
4. Copies of any and all appraisals, market evaluations, and/or valuation analysis in your possession on the propelty for the past three (3) years, other than those prepared by any expelt
witnesses retained in connection with this lawsuit. 5. Copies of any and all income and expense statements, summanes, or profit and loss statements on the propelty for the past three
(3) years. 6. A copy of the operating budget for the subject propelty for the years 200 1 and 2002. 7. A copy of the closing binder related to the sale of the subject propelty from 276
Trust to Absolute Systems, Ltd. 8. Any and all photos, videos, or similar depictions ofthe subjectpropeltyfrom January 1,2002 to the present time. 9. Any apprai sals perfol111ed on the
subject property from January 1, 200 1 to the present time. 10. Any documents related to any defelTed maintenance on the subject propelty from January 1, 200 1 to the present time. 11.
Copies ofany management agreements forthe subject property in effect from January 1, 200 1 to the present time. 12. Any and all inspection repOIts on the subject property made by, at
the request of, or for the benefit of 276 Trust from January 1, 2000 to the present time. 13. A copy ofthe acquisition or investment analysis made in cOlmection with the purchase ofthe
subject property by 276 Trust. 14. A copy of all invoices, contracts or receipts related to any repairs or renovations prefol1ned on the subject propelty from January 1,2000 to December
31,2001. 15. A copy ofthe declarations page for any and all insurance polices on the subject propelty £i·om January 1,2001 through the present time. 16. A copy ofany inspection or maintenance
reports related to the property from January 1,200 1 to the present time. 17. Copies ofany and all brochures, pamphlets, or similar material used to adveltise or lease the subject property.
PLAINTIFF'S REQUEST FOR PRODUCTION A..1Iffi FIRST SET OF INTERROGATORIES G: WORI\. LlTSL;P i,l i:3 􀁇􀁴􀀺􀁟􀁄􀁏􀀮􀁾􀁉􀁁􀀱􀁎􀀯􀁜􀁤􀁤􀁩􀁳􀁮􀁮􀀮 T0\\'11 of Discovcry.rcq PageS
18. 19. 20. 21. 22. 24. 25. 26. -')""/. Any and all contracts or offers to purchase the subject propeliy from January 1, 2001 to the present time. A copy of the closing binder related
to the purchase of the propeliy by 276 Tmst. A copy ofany appraisals on the subj ect propeliy made in connection with the purchase ofthe propeliy by 276 Tmst. Any and all maps, plats,
land use plans, subdivision plans, zoning requests, or other documents regarding the subject propeliy or any plaImed or possible future use or development of the subject propeliy. Any
and all contracts, agreements, cOlTespondence or other documents regarding any leases on the subject propeliy for the past ten years. Any and all documents related to the calculation
of damages to the remainder, including specifically the method or fOl111Ula used in alTiving at said damage amount. Copies of all leases between 276 Trust and any tenant on the subject
propeliy from the date 276 Trust acquired the propeliy to the present time. Copies of any repolis, analyses, studies or similar documents regarding any impact of Arapaho Road, or the
constmction of Arapaho Road on the subject property. Copies ofany repOlis, analyses, studies or similar documents regarding the use ofthe subject propeliy before and after the taking
of the easement across the subject propeliy. Any listing agreements, brochures, adveliisements or similar documents related to Defendant's effOli to market or sell the propeliy from
January 1,2001 to the present time. 􀁐􀁌􀁁􀁌􀁾􀁔􀁉􀁆􀁆􀀧􀁓 REQUEST FOR PRODUCTION AND FIRST SET OF INTERROGATORIES G: WORK L1TSl:P lJ B 􀁇􀀮􀁬􀁟􀁄􀁏􀁍􀀺􀁜􀁉􀁾􀁁􀁤􀁤􀁩􀁳􀀨􀀩􀁮􀀮 TClwn
ofDiscovcry.rcq Page 6
INTERROGATORIES INTERROGATORY NO.1: Identify all persons or entities who own, or otherwise hold any interest in the subject propeliy. For each person or entity, state the date each said
person or entity acquired any interest in the subject propeliy, the consideration paid for their interest in the subject propeliy, and the exact nature of each interest held in the subject
propeliy. ANSWER: INTERROGATORY NO. 2: Identifyanypropeliyin which Defendant has purchased within a 2mile radius of the subject property within the last 2 years. ANSWER: INTERROGATORY
NO.3: Identify all easements on the subject property as of the date of taking. ANS'VER: INTERROGATORY NO.4: State the name, address, and telephone number ofeach expeli witness who will
not be called to testify at the trial ofthis case, but whose opinion and work product may be used, in whole or in pati, by any expeli witness you may call to testify at the trial of
this case. For each such expeli, state: A. The field of his/her expeliise; B. The subject matter matter involved in this lawsuit of which he/she has knowledge; C. The identity of the
work product, opinion, documents or other tangible thing prepared by such non-testifying expeli which may be used by any testifying expeli at the trial ofthis case; D. The dollar amount
which said expert contends represents the fair market value ofthe propeliy made the basis ofthis lawsuit, as of the date of taking; E. His/ber opinion as to the present and future use
and development ofthe subject property; and F. His/her opinion as to any item constituting damage to the remainder of the subject propeliy as a result of tbe taking. PLAINTIFF'S REQUEST
FOR PRODUCTION AND FiRST SET OF INTERROGATORIES G: WORI;.LlTSUP,I.I B GJ,_DOM/I1NAddison, Town ofDisco\'cry.rcq Page 7
ANSWER: INTERROGATORY NO.5: State the total amount spent on the subject properiy from January 1, 2000 to the date 276 Trust sold the properiy for: 1. Repairs; 2. Capital improvements;
and 3. Renovation or remodeling. ANSWER: INTERROGATORYNO.6: Identify each tenant ofthe subj ect property from the date ofacquisition by 276 Trust to the present time. ANSWER: INTERROGATORY
NO.7: State the amount which you contend represents the fair market value of the whole property immediately prior to the date of taking. ANSWER: PLAINTIFF'SREQUEST FOR PRODUCTION AND FIRST SET OF INTERROGATORIES G:WORK.LlTSUP 1.1 B 􀁇􀀮􀁅􀁟􀁄􀁏􀁾􀀱􀀮􀁾􀁉􀀢􀁁􀁤􀁤􀁩􀁳􀁯􀁮􀀮 Town of.oi,covc,,·.rcq Page 8
INTERROGATORY NO. 11: Please state the amount you contend represents the fair market value of the remainder: A. Immediately prior to the date of taking; and B. Immediately after the
date of taking. ANSWER: INTERROGATORY NO. 12: Identify each item ofdamage which you contend you have suffered as a result ofthe condemnation ofthe subject property made the basis ofthis
action. For each alleged item of damage, please state the method for calculating each element of said damage. ANSWER: INTERROGATORY NO. 13: If you contend that the existence of the pennanent
easement limits or otherwise affects the use of the remainder of the subject property, please identify each such limitation or effect on the remainder. ANS\VER: Respectfully submitted,
LEWI L. ISAACKS Bar Card No. 10430300 GAY, McCALL, ISAACKS, GORDON & ROBERTS, P.c. 777 East 15th Street Plano, Texas 75074 Telephone: 972/424-8501 Telecopier: 972/424-5619 Attomey for
the Town of Addison PLAThJTIFF'S REQUEST FOR PRODUCTION A..1W FIRST SET OF INTERROGATORIES G:.WORKLJTSL:P l.J B G 􀁅􀁟􀁄􀁏􀁾􀁬􀀧􀁜􀁉􀀡􀁜􀁔 .'\ddisOll. Town ofDisco\'cry.rcq Page 10
CERTIFICATE OF SERVICE I, LEWIS L. ISAACKS, attorney of record for Plaintiff, do hereby certify that a true and COlTect copy of the foregoing Request for Production of Documents and
First Set of Written Interrogatories has been mailed by certified mail, return receipt requested, to Bany R. Knight, Esq., Attomey for 276 Trust, at 􀁜􀁖􀁩􀁮􀁳􀁴􀁥􀁡􀁾􀀬 SesJtrest &
M" lic ',P.c., 1400 Renaissance Tower, 1201 Elm Street, Dallas, Texas 75270, on tll1S 􀁾 day of ,2003. PLAINTIFF'S REQUEST FOR PRODUCTION 􀁁􀀮􀀮􀁾􀁄 FIRST SET OF L1\'TERROGATORIES G:
WORK',LITSUr I.IB G',E_DO!\!I:\I' ,..;ddisol). Town 􀁯􀁦􀀮􀁄􀁩􀁳􀁣􀀨􀀧􀁬􀁜􀀧􀁥􀁲􀁹􀀮􀁲􀁾􀁱 Page 11
.: .. ' 􀁾􀀮 " '.': , ... r '". ..'. '. .' .' EXlll BJ T A PROPERTi' Le9a1 DC5cription 􀁒􀁥􀁾􀀮􀁄􀀹 11 2.S22:2.acre PP.Sct 􀁯􀁌􀀢􀀩􀁡􀁾􀁤.. 􀁟􀁳􀀮􀁩􀀮􀁴􀀮􀁵􀁟􀁡􀁴􀁬􀁾􀁤􀁟􀀮􀁾􀁮􀁟􀁴􀁨􀁌􀁉􀁊􀁽􀁜􀁖􀀬􀁊�
�􀀬􀁉􀀭􀁦􀀺􀀺􀂣􀁒􀁓.. 5URvE.\: .. l-.J3!;:rBt<.cr.-e IW. 52J alld the \'I.H. WITT S\nnrt;y, ABSTRACT HO. )609. being parL of an 16.195 ,1cre tract o( la:od 􀁣􀁯􀁮􀀧􀁾􀁣􀀾􀀧􀁣􀁤 to 2230
Corpor-aLion by CcntrLil Park Llmit.ed bi' deed recorded in Volume 78277, Page 260i. Deed 􀁒􀁣􀁣􀁣􀁮􀁩􀁾􀀮 Dallas Count)', TeY-Els and also beir'9 allot: Lot 6, SURVEYOR ADD1nOt:, l;.DDJSON
WEST nffil1STRI;".L PARK, an addition to the City oE Addison. according to the map thereof recorded in Voluii\e 75LlO. Page 2495. Hap RecordG. DallaG County, Texas, said 2.5212 acre
tract being more particularly dcscribed by metes and 􀁢􀁾􀁵􀁮􀁤􀁳 at followz: 6EGINNING at a 1/2 inch iron rod found for corner in 􀁴􀁨􀁾 north ·right·ot-way line of Cena:rion Hai' (;'.ddis;on
West Ddve), a 60 ioet ",'iD!:' street dedicated by plLit :recorded in Volume 76:102, Pi:l9!O 0875, Deed Rr:-coros. DallaE County, Texas, said point being N 8:' deg. 51 n1in. 􀁾􀀵 seC".
W, oil distance o! ,,53.00 feet from the intersection of s"id north .Jin!O of said Centurion 'Aay, ...-itn the 􀁷􀁾􀁳􀁴 right-of-...·ar lillt: of t-',id·....Y Road, CIne beins the 50utnlo!e.st
cornet' of Lot .;. Surveyor .t.dcJition, all i'iddit.ioll Lo 􀀬􀀻􀀺􀁨􀁾 Cit)' of 􀁁􀁤􀁤􀁩􀁾􀁯􀁮􀀬 n:cLJrde:o in Volume 􀀷􀁾􀀰􀀲􀁓􀀬 Page 0584, Deed Records, 􀁄􀁡􀁊􀁬􀁾􀁳 County, 􀁔􀁥􀁸􀁾􀁳􀀻
􀁔􀁈􀁅􀀺􀀩􀁾􀁃􀁅 1: ES oeg_ Si min. 55 􀂷􀁳􀁾􀁣􀀮 􀀧􀁾􀀬 􀁾􀁴􀁩􀁴􀁨 said north 􀁬􀁩􀀺􀁩􀁾 of said 􀁃􀁾􀁮􀁴􀁵􀁲􀀮􀁩􀁯􀁮 Way, iI distance of ::no.OO feet t.o a 5/B inch iren rod fcune
(or corner at t.he. sowch...·cst corner of sai d Lot [j; 7HENCE t: 00 deg. 00 rr.ir.. 05 sec. E, along the ...·cst line o( said Lot 6, a distance of 296.39 feet to a 1/2 inch iron rod
found for corner in the south rig}-.r,-of-·..·il;, :!ine of the St. L.ouis r. 50utn'....eGtern Raih,'ay; 71iENCE East. ·..·ith said tiouth right-o!··.'ay line of of the St. Lowis I.
􀁓􀀰􀀱􀀮􀁊􀁾􀁨􀀢􀀧􀂷􀁣􀁳􀁴􀁥􀁲􀁮 F.3il ....·c), ... 􀁤􀁩􀁾􀁴􀁡􀁮􀁣􀀺􀁥 oC 370.DO feet to D 1(:2 ir.ch iron rod found for 􀁣􀁯􀁾􀁮􀁥􀁲 CIt the 􀁮􀁯􀁲􀁴􀁨􀁾􀁣􀁳􀁴 corner of said Let 􀁾􀀬
Surveyor Addition; 􀁔􀁈􀁾􀁬􀁬􀁃􀀧􀁅􀀺 S CD deg. 05 􀁾􀀬􀁩􀁬􀀱􀀮 05 sec. W. ·.. ith the ,",est line of said Lot 􀁾􀀮 a distonce 0[ 297.26 ieet to the POINT Of EEG:I!'t1'I!l"G, and conLaining
)09,625.:25 zquarl; feet 0:-2.521:2 aC"re> of land .and beillg subject to a 􀁊􀁯􀀭􀁦􀁃􀀢􀁾􀁯􀁴 .,ater line eu:;ement to the City of Dallas, a 6·fcot saniti'iry easement to the City of
Addison. and a SO-foot drainage eaEement to the City of Addison.
-2.5d 􀁾cur 1978-2003 ANGELA K. WASHINGTON 214.672.2144 AWASHINGTON@COWLESTHOMPSON.COM April 22, 2003 Mr. Mike Murphy Director ofPublic Works Town of Addison P.O. Box 9010 Addison, TX
75001-9010COWLES &THOMPSON A Professional Corporation ATTORNEYS AND COUNSELORS RE: Town ofAddison vs. Absolute Systems, Ltd. Cause #CC-03-01967-B Dear Mike: Enclosed for your files is
a copy of the Commissioners Award in the above referenced case which was entered by the Court on April 17, 2003. Sincerely, Angela K. Washington AKW/db Enclosure c (w/enc.): (w/o enc.):
Lewis Isaacks Via Facsimile (.972) 424-.;619 /Mr. Kenneth Dippel DALLAS Document #: 1048620 T Y L E R 901 MAIN STREET SUITE 4000 DALLAS, TEXAS 75202-3793 TEL 214.672.2000 FAX 214.672.2020
WWW.COWLESTHOMPSON.COM
No. CC-03-01967-B TOWN OF ADDISON, TEXAS §§§§ vs. §§ ABSOLUTE SYSTEMS, LTD., 276 TRUST§ AND MERRILL LYNCH BUSINESS § FINANCIAL SERVICES, INC. § IN THE COUNTY COURT AT LAW, NUMBER 2 DALLAS
COUNTY, TEXAS and that AWARD OF SPECIAL COMMISSIONERS On this day, the undersigned Special Commissioners, appointed by the Judge of the above C0U11 to determine the fair market value
of certain property rights and damages, if any, occasioned by the acquisition described in the above condemnation proceedings brought bythe Plaintiff, TOWN OF ADDISON, TEXAS, to condemn
a cel1ain easement for right-of-way over and across the property ofDefendants, which easement is described in the Statement in Condemnation, filed with said Judge on the 19th day of
February, 2003, having determined that Defendants have been duly served with notice as required by law, and that Plaintiff appeared and millounced ready for hearing, owing Defendants
appeared and announced ready for hearing: 􀀬􀀻􀀯􀁾􀁦 􀀭􀁾􀀭􀀢􀀢􀀭􀀫􀀭􀀭􀁾􀀭􀀭􀀫􀀭􀀧􀀭􀀧􀀭􀀭􀀧􀀭􀀢􀀭􀀭􀀭􀀽􀀭􀀭􀀽􀀧􀀢􀀢􀀢􀀢􀀧􀀢􀀭􀀢􀀭􀀭􀀧􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭------------The Commissioners
proceeded to hear the evidence as to the fair market value ofthe property rights being acquired by Plaintiff, and damages, if any, to Defendants' remaining property which will be caused
by its acquisition. • AWARD OF SPECIAL COMMISSlOl'oI"ERS G:WORK-LITSUP.I.I B GJ::_DOM/\J'\ Addison. Town of.sC-Award Page 1
After consideration, we assess the fair market value of the Pennanent Easement being acquired by the Town of Addison and the damages, if any, 􀀧􀀱􀀿􀁾􀁥􀁤 by its acquisition to be the
total 􀀮􀀮􀁦􀀮􀁉􀀧􀁐􀀯􀁲􀁾 p sum of f!)IJE hu I\JdlLi?J.. i1kw 7J;.,v!A-rJd. Ct!Jt0012 􀁾 ) which sum is to be 7 paid to the following parties as their respective interests may appear:
􀀤􀀷􀁾 ,'f;£?i! SPECIAL COMMISSIONERS: Date: 4-/6-03 JOEPENA The foregoing Award of Special Commissioners was filed with me this day ofApril, 2003. As provided by Section 21.047 of the
Property Code of the State of Texas, the fees of the Special Commissioners which are to be taxed as cost in this cause are set as follows: eo ROBERT KILEY 􀁌􀀯􀀥􀀺􀁺􀀮􀀮􀁨􀁥􀀻􀀢􀀧􀁊􀁉􀁌􀀼􀀻􀁾
$ 8j{)o -ERNESTINE BRIDGES f 􀁾􀀮􀁊􀀭􀁁􀁾 $ 85D. !!!2--JOE 􀁐􀁅􀁪􀁾􀁁 '1:/1.. 􀀯􀀭􀀯􀁾􀁳􀂷 $ 􀁂􀁊􀁄􀁾 J:!fl--SIGNED this11day of__....,.",.,f-f-""---""=:........-_ • AWARD OF SPECIAL
COivliVUSSiOi,'ERS G,\\"ORldJTSUP.l.l 8 G.E_DOMA1"C 􀁾􀁜􀁤􀁤􀁩􀁳􀁯􀁮􀀮 Town afoSe-Award t'age t'age 2
No. CC-03-01967-B TOWN OF ADDISON, TEXAS §§§§ 􀁾 §§ ABSOLUTE SYSTEMS, LTD., 276 TRUST§ AND MERRILL LYNCH BUSINESS § FINANCIAL SERVICES, INC. § 􀀯􀁴􀁦􀁾 􀁾􀁾􀁩􀁑􀀩 .:1 􀀭􀁐􀁾 IN THE COUNTY
COURT AT LAW, NUMBER 2 DALLAS COUNTY, TEXAS AWARD OF SPECIAL COMMISSIONERS On this day, the undersigned Special Commissioners, appointed by the Judge of the above Court to determine
the fair market value of celtain property rights and damages, if any, occasioned bythe acquisition descIibed in the above condemnation proceedings brought by the Plaintiff, TOWN OF ADDISON,
TEXAS, to condemn a celtain easement for right-of-way over and across the property ofDefendants, which easement is descIibed in the Statement in Condemnation, filed with said Judge on
the 19th day of February, 2003, having detennined that Defendants have been duly served with notice as required by law, and that Plaintiff appeared and announced ready for healing, alld
that the following Defendants appeared alld amlOunced ready for hearing: tJ. 7C T/?tl5 T The The COlllillissioners proceeded to hear the evidence as to the fair market value ofthe property
rights being acquired by Plaintiff, and damages, if allY, to Defendants' remaining propelty which will be caused by its acquisition. AWARD OF SPEClAL COMMISSIONERS G:'WORKJ.JTSUP,I.I
B G\E_DOM.'\IN'Addisol1. To\\'n of'sC-i\\\'ard Page 1
After consideration, we assess the fair market value of the Permanent Easement being acquired by the Town of Addison and the damages, if any, caused by its acquisition to be the total
sum of 0/'1/; /lCI/wJI2£tJ 􀀻􀁃􀀯􀁾􀁲􀁇􀁴􀀵􀀯􀀨 'T//tJl!5/Jrv6 ($ //S; doo'-7whichsumistobe paid to the following parties as their respective interests may appear: Date: 4-/0-0..3 The
foregoing Award ofSpecial Commissioners was filed with me this day ofApril, 2003. As provided by Section 21.047 of the Propeliy Code of the State of Texas, the fees of the Special Commissioners
which are to be taxed as cost in this cause are set as follows: ROBERT KILEY 4 􀁾􀁾 I)V-U;; ERl\TESTINE BRIDGES Lf 􀁾􀁺􀁩􀂫􀁊􀀭􀀭􀀭 $-------$------.IV JOEPENA $------SIGNED this__day
of , 2003. AWARD OF SPECIAL COiVliVllSSIONEKS G:,WORKUTSUP\I.I B G\E_DOMAlN"\ddison. Town of'sC-Award JUDGE PRESIDING l'age 2
TOWN OF ADDISON PUBLIC WORKS To: f?±-;Of? (-Company: /oA FAX#: 70"5 Date: 1/2-/,/03 No. of Pages(including cover): 􀁾 From: Michael E. Murphy, P.E. Director of Public Works Office: 972/450-2878
Fax: 972/450-2837 16801 Westgrove P.O. Box 9010 Addison, TX 75001-9010 TOeo -,'t.-uO 􀁍􀁁􀀭􀁩􀁾 cfk=c-/e-S 􀀯􀀺􀀺􀀻􀁾􀁍􀀳􀀯􀁴􀀺􀂭 [(;'-"1/􀁃􀀭􀁾 􀁯􀁾􀁆􀀨􀁥􀂣􀂷􀀮 cl-..-Lr;;4d
ADR Partners 4444 Westgrove, suite 210 Addison, TX 75001 ATTN: Gary B. Crouch Dear Mr. Crouch, Per our conversations during a meeting with you and Mr. Knight regarding the Right of Way
acquisition of a portion of the property at 4139 Centurion Way (April 17,2001). We discussed what the Town of Addison's position is as it relates to parking and building set back requirements.
The Town of Addison will agree to rebuild 36 parking spaces underneath the bridge structure so that there will be no net loss of parking as a result of the construction. The Town of
Addison will agree to allow a non-conforming use of the property and allow build back to the original building line in case of unforeseen destruction of over 50% ofthe structure. These
conditions are contingent upon your agreement to accept or enter into meaningful negotiations of the appraised value of the property in question. Therefore, The Towns current offer is
to pay $225,000 for property and damages, reconstruct a 36 space parking area and allow a non-non-conforming use that will enable property owner to rebuild structure to its current set
back location. Sincerely,
RIGHT OF WAY LAND RIGHTS ANALYSIS' APPRAISAL" ACQUISITION' SOLUTIONS . EVALUATION ASSOCIATES SUMMARY OF SALIENT FACTS AND CONCLUSIONS ARAPAHO ROAD PROJECT Property Owner: JB Crouch Jr.
and Jo Crouch Parcel No.8 $1,900,000 $ 62,381 $1,837,619 $1,675,000 $ 162,619 $ 40,181 $ 22,200 $ -0-$ 162,619 Valuation Conclusion: Whole Property Proposed Acquisition Remainder Before
Acquisition Remainder After Acquisition Loss in Value ofRemainder After Determination ofCompensation: Permanent Right ofWay Compensation for Improvements (paving) Landscaping (None -Replacement)
Loss in Value ofRemainder After IIIIIIII Total Compensation $ 225,000 Date ofAppraisal: January 23,2002 Location: 4139 Centurion Way, Town ofAddison, Texas Legal Description: Lot 6,
Surveyor Addition, Town of Addison, Dallas County, Texas Land Size: Whole Property (per DCAD records) 2.521 Acres Right ofway Area 0.6709 Acres Zoning: I-I, Industrial-l District Highest
and Best Use: As ifVacant BEFORE: As ifVacant AFTER: Commercial use Commercial use
CII Analysis and Valuiztion ofProposed Acquisition Area (Continued) Proposed acquisition area located (see Page 28 for derivation ofvalues) within the existing easement area $29,223
x 5.50/SF x 25% (See Item 2 -Page 28) plus compensation for improvements in acquisition area: Asphalt parking area 11,100 SF x $2.00/SF Total compensation = $40,181 = $ 22,200 $62,381
Value of the Remainder Before the Acquisition The value ofthe Remainder Before the Acquisition is simply the mathematical difference between the value of the whole property less the
value ofthe Proposed Acquisition Area. Therefore, the value ofthe Remainder Before the Acquisition can be calculated as follows: Whole Property Value (Land only) Less: Value ofProposed
Acquisition Area Value ofthe Remainder Before the Acquisition $1,900,000 $ 62,381 $1,837,619 l! Value of the Remainder After the Acquisition As noted, the proposed acquisition area will
be used for the widening and realignment ofArapaho Road. After the acquisitions, the remaining site will continue to be an interior tract having similar accessibility and increased visibility.
The remaining site will have similar highest and best use as before the acquisition. In developing the analysis of the Remainder Highest and Best Use and estimating the value after the
acquisition, several questions were formulated and answered through the combined sources of: analysis ofthe Right ofWay Acquisition Map, the engineering design and construction plans,
the Town of Addison Department of Engineering, and consultation with locally knowledgeable consultants. The answers to specific questions, combined with the analysis ofthe undersigned
land rights appraiser, were subsequently applied to market reaction observations and data introduced by the appraiser to finalize remainder impact conclusions. Following are some of
the considerations in the valuation ofthe remainder after the proposed acquisition(Remainder After). 1) Will the remainder property comply with zoning regulations? No, it appears the
remainder site will be a legal non-conforming use under current zoning. Accordingto Ms. Carmen Moran, City Secretary andDirector ofPlanning and Zoning, ifthe subject remainder improvements
were destroyed by more than 50%, the building could not be re-built in the samefoot print. The new Arapaho Roadrow line 66
r( Analysis and Valuation ofProposed Acquisition Area (Continued) will be'"feetfrom the rearofthe building. In order to comply with the required25feet setback, 21 feet ofthe building
would have to be removed. This necessitates a reevaluation ofthe subject remainder property which begins on thefollowing page. 2) Will the remainder property have access to new Arapaho
Road? No, at this time it appears Arapaho Road will be a limited access route and no access will be granted to individual properties along the route, nor, would access benefit the subject
property. Additionally, the new road is severalfeet above the grade ofthe remainder and it is not practical to have access to the roadway from the subject remainder. 3) What is the grade
ofthe new Arapaho Road adjacent to the subject property? Basedon availableplan andprofile design plans, the newroad will be approximately seven (7) feet above grade at the western boundary
of the subject remainder tract, rising at a grade of2.88% and isplanned to befifteen (15) feet above the eastern property boundary. 4) Are there any direct benefits as a result ofthis
project? Even though there will be no direct access, the subject remainderproperty may experience some degree of increased visibility as a result of adjacency to the new Arapaho Road.
However, this is not a measurable benefit. Secondly, although not a benefitfrom the new road, the property owner should request a reduction in the assessed value due to the reduced land
and building size. Thirdly, it appears the property owner is relived ofany maintenance and liability ofthe existing easement area. Fourthly and more importantly, the new elevated roadway
being constructed as a bridge behind the subject property building, will effectively provide the opportunityfor covered parking. As ofthe date ofthis appraisal, a specific site/parkingplan
has not been provided to the appraisers for consideration in this valuation process. However, it is assumed that a minimum ofthe same number (approximately 22) spaces will be substituted,
as a part of the new road construction. Assuming that an equal or greater number ofparking spaces will be provided for the benefit of the subject property under new Arapaho Road, it
is assumed there is no loss ofparking as a result ofthe proposed acquisition. 67
ADR Partners 4444 Westgrove, suite 210 Addison, TX 75001 ATTN: Gary B. Crouch 􀁾....., ,."-, " . ! \ Dear Mr. Crouch, , ./' .' . . \ r /Per our conversations during a meeting with you
and Mr. 􀁾􀁨􀁴 regarding the Right 􀁯􀁾􀀯􀁗􀁡􀁹 acquisition of a portion of the property at 4139 Centurion W/ay 􀀨􀁁􀁰􀁲􀁩􀁉􀀱􀀷􀀬􀀲􀀰􀁾 We dIscussed 􀁷􀁨􀁡􀁾 the Town of Addison's position
is as it relates to park1ng and building 􀁳􀁥􀁴􀁾􀁋 reqUIrements. \ 􀁾 􀀧􀀮􀁾 The Town of Addison will agree to rebuild 36 parking spaces underneath the bridge structure so that there
will be no net loss of parking as a result of the construction. The Town of Addison will agree to allow a non-conforming use ofthe property and allow build back to the original building
line in case of unforeseen destruction of over 50% of the structure. These conditions are contingent upon your agreement to accept or enter into meaningful negotiations of the appraised
value of the property in uestion. -----............ YTherefore, The Towns current offer is to pay $225,000 for property and damages, reconstruct a 36 space parking area and allow a non-conforming
use that will enable property owner to rebuild structure to its current set back location. Sincerely, 􀀧􀀱􀁎􀁾􀁫􀁲 IV ::r:-􀁾 rS SO .:tVe-Ul(0 􀁾􀁁􀁜􀁾􀁾 , 􀁾 􀁗􀁜􀁾􀁜 -vb 􀁾􀁾􀀮 􀁾􀀧􀁜
􀁾􀀨 : 􀁜􀀩􀁊􀁾 \j\J\\\ 􀁾􀁜􀁌􀁄 􀀱􀀨􀁾􀀢􀀧􀁱 􀁾􀀮
r-Analysis and Valuation ofProposed Acquisition Area (Continued) Proposed acquisition area located (see Page 28 for derivation ofvalues) within the existing easement area $29,223 x 5.50/SF
x 25% (See Item 2 -Page 28) plus compensation for improvements in acquisition area: Asphalt parking area 11,100 SF x $2.00/SF Total compensation =$40,181 = $ 22,200 $62,381 Value of
the Remainder Before the Acquisition The value ofthe Remainder Before the Acquisition is simply the mathematical difference between the value ofthe whole property less the value ofthe
Proposed Acquisition Area. Therefore, the value ofthe Remainder Before the Acquisition can be calculated as follows: Whole Property Value (Land only) Less: Value ofProposed Acquisition
Area Value ofthe Remainder Before the Acquisition $1,900,000 $ 62,381 $1,837,619 L Value of the Remainder After the Acquisition As noted, the proposed acquisition area will be used for
the widening and realignment ofArapaho Road. After the acquisitions, the remaining site will continue to be an interior tract having similar accessibility and increased visibility. The
remaining site will have similar highest and best use as before the acquisition. In developing the analysis ofthe Remainder Highest and Best Use and estimating the value after the acquisition,
several questions were formulated and answered through the combined sources of: analysis ofthe Right ofWay Acquisition Map, the engineering design and construction plans, the Town of
Addison Department of Engineering, and consultation with locally knowledgeable consultants. The answers to specific questions, combined with the analysis ofthe undersigned land rights
appraiser, were subsequently applied t. market reaction observations and data introduced by the appraiser to finalize remainder impact conclusions. Following are sortie of the considerations
in the valuation ofthe remainder after the proposed acquisition(Remainder After). 1) Will the remainder property comply with zoning regulations? No, it appears the remainder site will
be a legal non-conforming use under current zoning. According to Ms. Carmen Moran, City Secretary andDirector ofPlalming and Zoning, ifthe subject remainder improvements were destroyed
by more than 50%, the building could not be re-built in the samefoot print. The new Arapaho Road row line 66
􀁲􀁾 ( Analysis and Valuation ofProposed Acquisition Area (Continued) will be 4feetfrom the rearofthe building. In order to comply with the required25feet setback, 21 feet of the building
would have to be removed. This necessitates a reevaluation ofthe subject remainder properly which begins on thefollowing page. 2) Will the remainder property have access to new Arapaho
Road? No, at this time it appears Arapaho Road will be a limited access route and no access will be granted to individual properties along the route, nor, would access benefit the subject
properly. Additionally, the new road is severalfeet above the grade ofthe remainder and it is not practical to have access to the roadway from the subject remainder. 3) What is the grade
of the new Arapaho Road adjacent to the subject property? Basedon availableplan andprofile design plans, the newroad will be approximately seven (7) feet above grade at the western boundary
ofthe subject remainder tract, rising at a grade of2.88% and isplanned to befifteen ((15) feet above the eastern properly boundary. 4) Are there any direct benefits as a result ofthis
project? Even though there will be no direct access, the subject remainderproperly may experience some degree of increased visibility as a result of adjacency to the new Arapaho Road.
However, this is not a measurable benefit Secondly, although not a benefitfrom the new road, the property owner should request a reduction in the assessed value due to the reduced land
and building size. Thirdly, it appears the property owner is relived ofany maintenance and liability ofthe existing easement area. Fourthly and more importantly, the new elevated roadway
being constructed as a bridge behind the subject properly building, will effectively provide the opportunity for covered parking. As ofthe date ofthis appraisal, a specific site/parkingplan
has not been provided to the appraisers for consideration in this valuation process. However, it is assumed that a minimum ofthe same number (approximately 22) spaces will be substituted,
as a part of the new road construction. Assuming that an equal or greater number ofparking spaces will be provided for the benefit of the subject property under new Arapaho Road, it
is assumed there is no loss ofparking as a result ofthe proposed acquisition. 67
-.... '-... J8-(972) 450-7000 • FAX (972) 450..7043 'y,%ji!5'ftt/f1!!!Zwmeew2t!!!"v-=r® Post Office Box 9010 Addison, Texas 75001-9010 March 4, 2002 Mr. Gary B. Crouch ADR Partners 4444
Westgrove Drive, Suite 210 Addison, Texas 75001-3208 5300 Belt Line Road Re: 276 Trust Lot 6, Surveyor Addition to the Town of Addison Recorded in Vol. 79130, Pg. 2495 in the Deed Records
of Dallas County Dear Mr. Crouch: In February 2000, the Town of Addison elected to sell bonds in order to fund six construction projects. Included in these projects is the extension
of Arapaho road, from Addison Road to Marsh Lane. At this time we are in the right-of-way acquisition phase of the project. The Town of Addison has determined the public need to acquire
a 0.6709 acre portion of the 2.521 acre tract of land that is owned by you at 4139 Centurion Way. The public purpose for this land acquisition is the necessary right-of-way for the Arapaho
Road project along with related municipal uses including a public hike and bike trail. The firm of Evaluation Associates appraised the property on January 23, 2002. The attached summary
sheet shows a summary of facts and conclusions regarding this taking. On February 26, 2002, the City Council of the Town of Addison authorized me to make an offer to purchase the 0.6709
acre tract of land at the appraised value of $225,000.00. The Town of Addison requests that you respond to this offer of purchase within thirty (30) days of the date of this letter.
If we do not hear from you within the thirty (30) day period, the Town will consider its offer rejected and we will initiate eminent domain proceedings to acquire the property. Should
you have any questions, please feel free to contact Mr. Mike Murphy, P.E., Director of Public Works, at 972-450-2871, or me. Sincerely, Ron Whitehead City Manager
EO,ALUATION ASSOCIA_JS RIGHT OF WAYLAND RIGHTS ANALYSIS -APPRAISAL" ACQUISmON -SOLtmONS SUMMARY OF SALIENT FACfS AND CONCLUSIONS ARAPAHO ROAD PROJEer Property Owner: 276 Trust Valuation
Conclusion: Whole Property Proposed Acquisition Remainder Before Acquisition. Remainder After AcqUisition Loss in Value ofRemainder After. Determination ofCompensation: Permanent Right
ofWay CompeIWltion for Improvements (pavin.g) Landscaping' .(None -Replacement) Loss in Value ofRemainder After Total. 􀁃􀁯􀁭􀁰􀁥􀁾􀁳􀁡􀁴􀁩􀁯􀁮 $1,900,000 $ . 62,381 $1,837,619 $1,675,000
$ 162,619 $ 40,181 $ 22,200 $ -0$ 162,619 S 225,000. Date ofAppraisal: Location: January 23, '2002 4139 Centurion Way, Town ofAddison, Texas /Legal Description: Land Size: Zoning: Highest
and Best Use: As ifVacant BEFORE: As ifVacant AFTER: Lot 6, Surveyor Addition, Town of Addison, Dallas County, Texas Whole Propertr (per DCAD records) 2.521 Acres Right ofway Area. .
. 0.6709 Acres 1-1, Industrial-l District Commercial use . Commercial use 11615 Forest Central Drive -Suite 205 -Dallas, Texas 75243-3917 -(214) 553·1414 t , : :
IJI9Partners March 12, 2002 Mr. Ron Whitehead City Manager Town of Addison 5300 Belt Line Road Addison, TX 75001 Via Facsimile 972-450-7043 & Certified Mail Return Receipt Requested
Item Number 70001670 0008 7795 0483 Re: 4139 Centurion Way -Addison, Texas Dear Mr. Whitehead, I am in receipt of the notice letter to 276 Trust dated March 4, 2002 that makes an offer
to acquire a portion of the referenced property. I am currently working with several tenants to lease the referenced facility. The area that the Town of Addison needs to acquire has
thirty-six parking spaces that are 􀁮􀁥􀁣􀁾􀁳􀁳􀁡􀁲􀁹 for the building. The Town of Addison has been vague on what will happen to these thirty-six parking spaces. In order to respond
to these potential tenants for the property and not lose the opportunity to lease the property, I need the Town of Addison to immediately address the following issues: 1. Does the property
lose the thirty-six parking spaces? 2. If the parking lot will be available then: a. How many spaces will be available? b. How will the parking be accessible and will there be a height
restriction that will affect SUVs or trucks? c. What will be the construction of the parking lot (i.e. asphalt, coricrete or dirt)? d. Will the Town of Addison maintain the parking lot?
e. Will the parking lot be lighted? f. What are the restrictions on using the parking lot? g. Will the parking lot be designated for 4139· Centurion Way use only? h. What insurance will
be required for use of parking lot? 1. What will be the term of use of the parking lot and how will it be documented? J. Will the use of the parking lot be granted to the property or
only the current ownership? k. List all fees, costs and expenses that the Town of Addison would require for use of the parking lot. 1. When will construction start and how long will
it last? m. Where can the tenants park when they lose the thirty-six parking spaces during construction? '. 4444 Westgrove, Suite 210 • Addison, TX 75001 Phone (972) 380-6752 • Fax (972)
931-1688
Mr. Rnn Whitehead March 12,2002 Page 2 of2 As previously outlined, these questions are immediately critical and impact the ability to lease the property. I need an immediate response
so that I can address these issues with potential tenants. c.c. Mr. Mike Murphy
I!!n1Partners April 10, 2002 Mr. Ron Whitehead City Manager Town of Addison 5300 Belt Line Road Dallas, TX 75240 Via Facsimile 972-450-7043 & Certified Mail Return Receipt Requested
Item Number 7001 2510 0004 14011573 Re: Letter Dated March 12, 2002 4139 Centurion Way -Addison,Texas Dear Mr. Whitehead, I sent you the attached referenced letter almost thirty days ago and The Town of Addison has failed to respond as of this date in a definite manner to the assumptions
in the appraisal by Evaluation Associates that there would be no loss of parking due to the condemnation. Additionally, I subsequently asked for written confirmation of the policy, as
represented in the appraisal by Evaluation Associates, that if the property improvements were destroyed by more than 50%, the building could not be rebuilt in the same footprint. The
Town continues to be vague and noncommittal on both of these issues and I am losing the opportunity to lease and potentially sell the property based on the lack of credible information.
The Town chose to affect the economic viability of the property with the extension of Arapaho Road. Since the process is represented to be fair and equitable it would be helpful if the
Town would be concise and consistent and decide if the representations made in the appraisal are correct. It was my understanding from speaking last week with Mike Murphy that the Town
planned to have a meeting to discuss these issues on Monday or Tuesday of this week and would contact me to set a meeting to define these issues; however, as of this date I have not
been contacted.. 1request the opportunity to address the City Council at the next meeting on April 23,2002. c.c. Mr. Mike Murphy 4444 Westgrove, Suite 210 • Addison, TX 75001 Phone (972)
380-6752 • Fax (972) 931-1688
4139 CENTURION WAY ADDISON, TX • • • • • • • • • • • • • • ••••
Without Cubicle Configuration With Cubicle Configuration 􀁉􀁏􀁏􀁾􀁌 XL 'UOS!PPY OIZ ;Jl!ns ';JAOJ'iilS;JM 17171717 S.laUl.lEd • I ' LOCATION: 4139 Centurion Way is located one block
north of Beltline Road and just west of Midway Road. In close proximity to The Galleria and "Restaurant Row," this building also benefits from access to the Dallas North Tollway and
LBJ Freeway/For office leasing contact: , • • Partners (972) 380-6752
BRIAN E SHULER PAGE 01/25 BRIAN E. SHULER REAL ESTATE APPRAISER & CONSULTANT FACSIMILE To: Lewis Isaacks Phone: 972·424·8501 Fax: 972-424-5619 From: Brian E. Shuler, MAl, GAA Phone:
(972) 429·0847 Fax: (972) 442-0729 Date: April 5, 2003 Number of pages including cover sheet: 26 Comments: FYI PLEASE CALL IF YOU DO NOTRECEIVE ANYPART OF THIS FACSllllILE. 2062 Quail
Run Road 1 Wylie, Texas 75098 Telephone: (972) 429·08471 Fax: (972) 442-0729
'04/05/2003 09: 43 9724420729 BRIAN E SHULER PAGE 02/25 A B11an E. Shuler, MAl, GAA Affiliate of MAl TIl Real Estate Counseling Group Appraisers, ConSUltants APPRAISAL OF: Office-Warehouse
located at 4139 Centurion Way, Addison, Dallas County, Texas POR: Gary B. Crouc.h 4444 \Vestgrove Suite 210 Addison, TX 75001 BY: BRIAN E. SHULER, MAl, GAA 2062 QUAIL RUN ROAD 􀁗􀁙􀁌􀁉􀁅􀁾
TEXAS 75098 TAX I.D. #75-2798129 AS OF: April 5, 2003 2062 Qvoil Rvn Rood. Wylie, Texas 7.5098 II 972/429.()847 .. FAX 972144UJ7?9
'El41 El51 2ElEl3 Elg: 43 13724420729 BRIAN E SHULER PAGE El3/25 SUMMARY OF IMPORtANT FACTS AND CONCLUSIONS Date of Appraisal: Date of Report: Location of Property: Dcscdption of Property:
Land Size: Zoning: Highest and Best Use: Description of Improvements: Value Estimates: As Is: Effective Date: Land: Cost Approach: Direct Sales Comparison Approach: Jucoroe 􀁁􀁰􀁰􀁾􀁯􀁡􀁣􀁨􀀺
Final Value Estimate As Is: April 5, 2003 April 5, 2003 4139 Centurion Way Lot 6, Surveyor Addition, Addison \Vest Industrial Park, Addison, Dallas County, Texas 109,825 Square Feet;
2.5212 Acres I-l Iudustrial Office-warehO\l.se 30,287 Square foot office-wa.rehouse a,nd attendant facilities April 5, 2003 $605,000 $2,310,000 $2,360,000 $2,350,000 Brian E. ShuleI'.
MAT. (yA A
'04/135/2003 13'3: 43 '372442072'3 BRIAN E SHULER PAGE 04/25 SUMMARY OF IMPORTANT FACTS AND CONCLUSIONS (Continued) Whole Property; Taking: Value of Remainder -Before Taking: Value of
Re1.uainder -After raking: Remainder Damages: Total Compensation Due: 2 $2)50,000 $2,234,515 1,750,000 484,515 . $600,000 Brian E. Shuler. MAT. (;AA
04/05/2003 0'3:43 I,i. r : I : I : ' /,IIIi I, I ....._--...􀁾􀀬􀀮􀀮􀀮 '3724420729 BRIAN E SHULER PAGE OS/25
'04/05/2003 09:43 9724420729 BRIAN E SHULER CLIENT PAGE OS/25 The Client in this case 􀁾􀁳 Ga.ry 13, Crouch. PURPOSE OF APPRAISAL The purpose of this complete sutnmary appraisal is to
estizn.ate the Fair M:u-ket Value ofthe real e.sta.te rights 􀁩􀁾 the subject property as defined in the body of this report. These rights may mclude fee sImple, leased fee, leasehold,
easemem, or some other ownership interest. INTENDED USE OF APPRlASAL The appraisal is prepaJed for the sole use of the 􀁃􀁬􀁩􀁥􀁾􀁬􀁴 for conde.t:nl,J,ation litigatio,n. SUBJECT SALES
HISTORY The subject property 􀁩􀁾 currently owned by Absolute Systems, Ltd. and has been sinceJuly 2, .2002. The sellers in thjs transaction retai.ned the obligation ofthe C011.demnaUon.
The sellers of record wereFW Exchange Corporation, as qualified intermediaryr for 276 Trust, a 􀁔􀁾􀁡􀁳 trust. The subject property is currently not for sale. The subject property is
currently W'lder litigation for the purpose of condemnation of 0.6709 a.cres or 29,223 sq-ua.J:e feet for a permanent roadway easement. AD VALOR.£l\;;1 TAX DATA Ad VNorem tax data is
typically Xl-ot admissible in condemnatio.o. cases in the State ofTex.as. As s1Jch, 􀁴􀁨􀁾􀁳 information has been omitted from this report. IDENTIFICATION Oll SUBJECT PROPERTY The subject
pI:operty is located on the nOlth :'lide of Centurion Way, approximately 483 feet west of Midway Road. The tract can be legally described as 109,825 square feet or 2.5212 acres being
Lot 6, Surveyor 􀁁􀁤􀁤􀁩􀁴􀁩􀁯􀁾􀀱􀀬 Addison West Indusu-ial Park, Addison, Dallas County, Texas. As of the effective date ofthis value estimate, the site was improved with an office-warehouse
containing 30,287 square feet. IDENTIFICATION OF RIGHTS APPRAISED The rights appraised are within what is known as the Fee Simple. These rights are frequently referred to as the 'IBundle
of Rights ". They consist of the right to use real property, sell it, lease it, enter it and keep othe1,'S f.rom entering it, and give it away, as well as the right to refuse to exercise
any of these rights. The Fee Simple is an absolute fee, a fee without liUJitations to any palticular class of heirs or n:strictions, but subject to the limitations of eminent domain,
escheat, police power, and 􀁴􀁾􀁡􀁴􀁩􀁯􀀮􀁯􀀮􀀮 4 Brian E. Shuler, MAl, GAA
􀁾􀀴􀀯􀀰􀀵􀀯􀀲􀀰􀀰􀀳 09:43 9724420729 BRIAN E SHULER PAGE 07/25 􀁏􀁴􀁨􀁾􀁲 􀁬􀁾􀁭􀁩􀁴􀁡􀁴􀁩􀁯􀁮􀁾to ownership and 􀁯􀁰􀁥􀁲􀁾􀁴􀁩􀁾􀀱􀀱􀀱􀁾􀁡􀁹 􀁩􀁾􀁣􀁬􀁵􀁤􀁥 any <lgreemenrs establishing
pa.rual 􀁬􀁮􀁴􀁥􀁲􀁥􀁾􀁴􀁳 In the propelty. Such lUllltatloxls 􀁭􀁣􀁨􀁾􀁤􀁥 leases ea.sements mlneral 􀁲􀁥􀁳􀁥􀁲􀁶􀁡􀁴􀁩􀁯􀁾􀁳􀀬 etc. Any kn.own existing and a..nticipated limitations
to 􀁴􀁨􀁾 fee simple 􀁾􀁷􀁮􀁥􀁲􀁳􀁨􀁩􀁰 o£ the subject 􀁰􀁲􀁯􀁰􀁥􀁾􀁴􀁹 are described in the body of this teport. DEFINITION OF FAIR MARKET VALUE Fa..ir market value is defined within
the condemlJation case law of the State of Texas as the price the property will bring when offered for sale by one who desires to sell, but is not obliged to sell, and is bought by oue
who desires to buy, but is under no necessity of buying, taking into consideration all those uses to which it is reasonably adaptable"Uld for which it either is or in all reasonable
probability will become available within the .reasonable future. THE APPRAJSAL PROCESS AND SCOPE In preparing this appraisal, the appraiser inspected the subject and the improvements;
􀁧􀁾􀁴􀁨􀁥􀁲􀁥􀁤 information from the 􀁾􀁵􀁢􀁪􀁥􀁥􀁴􀀧􀁳 neighborhood on comparable land and improved sales, rents, operating 􀁾􀁸􀁰􀁥􀁮􀁳􀁥􀁳􀀬 constnJ.ctio11 costs, aCClued dl:preciation,
capitalization and yield rates; confirmed all 􀁣􀁯􀁭􀁰􀁾􀁲􀁡􀁢􀁬􀁥 sale information with at least OIJe party to the transaction; and analyzed the information gathered in applying the
sales comparison, cost, md income approaches. To develop the opinion of value, the appraiser performed a complete 􀁡􀁰􀁰􀁴􀁡􀁩􀁾􀁡􀀱 process, as defined by the Uniform Standards of Professional
􀁁􀁰􀀧􀁰􀁊􀀻􀀧􀁾􀁳􀁡􀁬 Practice. This mean.s that no departures ftom the StafJda.rd 1were invoked. This 􀁓􀁵􀁭􀁭􀀮􀁾􀁬􀀮􀀩􀁲 Appraisal Report is a btie£ recapitulation of the appraiser's
data, analyses, and conclusions. Any supporting documentation which is not included in this report is retained in the 􀁡􀁰􀁰􀁦􀁡􀁩􀁳􀁥􀁲􀁊􀁾 file. NElGHBORHOOD ANALYSIS The Dallas/FolL
Worth region has been one of the fastest growing in the nation. The two lTI:l.jor cities are a part of the Co:o,solidated Metropolitan 􀁓􀁴􀁡􀁾􀁩􀁳􀁴􀁩􀁣􀁡􀁬 Area (CMSA). The nine c;:ou.n.ty
CMSA includes Collin, Dallas, Denton, Ellis,Johnso)), Kaufman, Parker, Rockwall, alJd Tarrant Counties, an area of 6,998 square miles. The Dall;as/FoIt Wonh CMSA has a 2000 population
estimate of almost 5 million. The core of th.is metropolitan area is the City of Dallas, which has a 􀁨􀁾􀁳􀁴􀁯􀁲􀁹 of steady population growth since its earliest inception. Dallas is
the pri.l11.alY economic influence on the many communities within the Met.replex. One of the 􀁭􀁾􀁪􀁯􀁲 assets of the Dallas area is its diversified economic base. Most recently, it
is . inclicated that the market is stable and the long 􀁾􀁥􀁲􀁲􀁯 outlook for the Dallas economy is good. The subject's neighborhood is located 10 miles nonh of D.ulas' Central Business
District. The area is bounded by the Dallas North Tollway, LBJ Freeway (IH 635), Marsh L:U1e, and President George Bush Turnpike. Several types of land use em be found throughout the
neighborhood. Residential uses can be found thxoughO'ut the area at appropriate locations, 5 Brian. E. Shuler, MAl. GAA
􀁾􀀴􀀯􀀰􀀵􀀯􀀲􀀰􀀰􀀳 09:43 9724420729 BRIAN E SHULER PAGE 08/25 􀁃􀁏􀁕􀀱􀁭􀁾􀁲􀁣􀁩􀁡􀁬uses are located along major thoroughfares and at 􀁩􀁭􀁰􀁯􀁲􀁴􀁡􀁾􀁁􀁴 intersections. !ndusma.l
􀁬􀁊􀀬􀁳􀁥􀁾 can beJOlJ,nd throughout the area. Current land uses adjacent to the subject mclude light 1l1dustnal. The area features limited vacant land for future development. Improvemems
within the neighborhood receive good maintenance. Real estate market conditions and a.ctivity ),u the subject neighborhood have been steady in recent months. the facts and observations
noted above indicate the subject's neighborhood will be stable for the foreseeable future. SIrE ANALYSIS The subject property is located on the north side of Centurion Way, 483 feet
west of Midway Road. The site cOfArains 109,825 square feet or 2.5212 a.cres. The parcel has approximately 370 front feet along Centurion Way and an average depth of 297 feet. The shape
of the subject is rectangular. The subject property is 􀁺􀁯􀁾􀀱􀀭􀁥􀁤 1-1 Industrial by the City ofAddison. Permitted uses in this classification include light industrial, such as the
subject improvements. The property is level and at grade with surrounding property except for a concrete drainage 􀁣􀁨􀁡􀁊􀀮􀀩􀀮􀁾􀀩􀀮􀁥􀀱 in the northern ponion of the proJ?erty. Per
the Flood Insutance Rate Map, Commuo-ity Panel Number 4810890005A, dated]uly 16, 1980, the subject site is not located within a designated flood hazard area. There are 110 known or appa.tent
environmental hazards on or about the site. A full complement of ill-ban utilities and services is available to the slIbject site. The site is encumbered by a three foot wide 􀁔􀁥􀁾􀁾
Power & Light easeme.m along the north property line, a 30 foot wide City of 􀁄􀁡􀀱􀁬􀁾 water easement which overlaps and extends south of the Dallas Power & Light easement, a six foot
wide City of Addison sewer easement adjacent to the south line of the City of Dallas easement, and a SO foot wide drainage easement which overlaps md extends south of the City of Addison
easer]:easer]:Jen,t. The Dallas Power and Light, City of Dallas, and City of Addison easements are typical utility easements utilized for parking and drives for the property. The drainage
easement contailJ.s the 24 foot wide concrete drainage chaune1 noted above, some grassed sloped area, COl).crete draina.ge flumes, two vehicle 􀁢􀁲􀀺􀁾􀁤􀁧􀁥􀁳􀀬 and paved parking and
drives. The area of reduced utility within this 􀁥􀁡􀁳􀁥􀁭􀁥􀁾􀁴 is the area of the open drainage channd, the grassed. sloped area, and the concrete draioage flumes totaling 11,950 square
feet. The area occupied by the bridges, parking, and drives totaling 6,550 square feet continues to be utilized to its highest and best use in conjunction with the whole property. The
subject improvemems consist of a one story office-warehouse, containing 30,287 square feet, and having 25,024 square fcct of office 􀁡􀁾􀀭􀁥􀁡􀀬 5,263 square feet of air conditioned
warehouse, two dock high doors, one grade door, conCl'ete and asphalt paving with parking for 145 cars, cars, 'U).d landscaping. The building is 23 years old and in good condition. It
includes fiber optics and heavy electrical sel'vice. Much of the office space is an open interior design. The subject taking consists of a pa.I:cel containing 29,223 square feet encompassing
the n01'them 78.95 to 78.96 feet of the subject whole site. The rights taken are those of a permanent easement for constru<:tion of an elevated wadway. It is stated in the Statement
In Condemnation that "Sa.id Condernnees shall retain the right to use that portion of the pl'Opel1y taken within the easement area, and located under the elevated A'oadway, for the 6
B1'ian E. Shulerr MAIl GAA
04/05/2003 09:43 9724420729 BRIAN E SHULER PAGE 09/25 purposes of parking, for iugress and egress, provided that sud1 use does not intcIfere wjth the right of the city to operate and
maintain the roadway or otl1erwise endanger the health and safety of the public." The remainder contains 80,602 square feet or 1.8504 acres exclusive of the perma,nent easement taken.
The southern boundar)' of the tOl.king is within 1.04 to 1,.05 feet of the north wall of the building. The taking includes the northew drive and 'parking for 36 spaces the bridges, and
the drive at the rear ofthe building. Although the right to use the easement for "". parking, for ingress and egress... " is reserved to the property owner, there is no guarantee that
such use will be physically possible due to the design and coustruction of the city's improvements and there is no guaramee that such use would be legally possible because the city is
retaining the right to 􀁵􀁴􀁁􀁩􀁉􀁾􀁴􀁥􀁲􀁡􀁬􀁬􀁹 delerrni,),e if use of the easement wolJ-ld H ••. interfere with the right of the city to operate and maintain tbe ,roadway or 􀁯􀁴􀁨􀁥􀁾􀀢􀁗􀁩􀁳􀁥
endanger the health and safety of the public." The area within the taking andthe purpose for which it is being taken may be expected to reduce the potential rental rate for the propeI1:)'l
increase the vacancy of the property; increase expenses to the property il1Cluding insurance, building maintenance and repair, landscape and site main.tenance; increase the appropriate
capitalization tate due to perceived inclea:sed physical and economic risk; or acombination of these betors. Each of these impacts have the effect of decreasing the value of the remainder
􀁰􀁲􀁯􀁰􀁥􀁾􀀱􀀺􀁹􀀮 MARKET AND HIGHEST AND BEST USE ANALYSIS The market conditions in the subject area are such that the subject, as vacant, could be immediately developed. Economic
conditions are at a level that would justify construction today. Therefore the highest and best use of the subject as vacant would be to hold in anticipation of future light industrial
development. Since the improvements exist, attempts should be made to maximize the subject's income potential under its CUl"tent use as an office-warehouse. In n1Y opinion, the highest
and best l,LSe of the subject property, as improved, is its current use. This use is supported by the sitels location, size.. shape, access, zoning, topography, aI),d available utilities.
Fwther, this is consistel1t with the 􀁣􀁾􀁲􀀻􀁲􀀺􀁥􀁮􀁴 use of the site. Historically, exposure times for vac;u:J.t tracts in the subject neighborhood h;l.ve varied widely, 􀂣􀁾􀀧􀁯􀁕􀀱􀀬
purchasers approaching property owners who have not put their properties up for saJe to l.1p to two year exposures. Given the current state of the market, exposure times of 6to l2 months
are indicated. Likewise, at), au.ticipated marketing time ofappt:'Oximately 6 to 12 months may 􀁢􀁾 expected for the subject property. After the taking, the remainder has decreased utility
for its use. The highest and best use of the remainder is to hold, as improved, at a, lower level of opel-ation and value. 7 Brian E. Shulp.1'. MA r. (;A A
04/05/2003 09:43 BRIAN E SHULER PAGE 10/25 SUMMARY OF ANALYSIS AND VALUATION Direct Sales Compaxison Approach -Land As noted in the site analysis, the subject has 11,950 square feet
of drailJ,age easement occupied by :<I. concJ;ete drai.n.agc chan.nel, drainage flumes, and grassed sloped a(ea. This is an area of reduced utility reqwring a discount ofits value. The
n;J,ethodology employed in this appraisal is to, first, appraise the site without consideration of this encumbrance and then apply aspecific discoun.t to the affected area. A summary
ofthe comparable land sales is illustrated below. 58,417 237402 190,031 167,382 816380 04/26/01 01/31/00 04/03/00 11/01/00 05/16/00 N, side Ara aho @Commercial E. corner So'ourn/Golden
Be!l.( E. side Midwa @Commander N, side Sunbelt no. ofWest rove 􀀭􀀭􀀧􀀭􀀭􀀺􀀮􀀮􀁣􀀺􀀮􀀮􀁡􀀮􀀭􀀭􀀭􀀭􀀧􀀭􀀭􀀭􀀧􀀭􀀱􀀭􀀺􀀺􀀭􀀺􀀺􀀭􀀺􀁾􀁾􀁾􀀫􀁟􀁟􀀭􀀭􀀽􀀮􀀮􀀮􀀮􀀺􀀺􀀮􀀭􀀲􀀮􀀺􀀮􀀮􀀮􀀮􀀮􀀺􀀮􀀮􀀺􀀺􀀺􀀮􀀮􀁟�
�􀁴􀁟􀀮􀀮􀀮􀀮􀀺􀀭􀀮􀀮􀀮􀀺􀀮􀀮􀀺􀀮􀀮􀀮􀀮􀀺􀀺􀁾 NE corner ExcellWest rove Prior to analysis, the per unit sales prices on the basis of cash or its equivalent ranged from $4.38 to $8.00
per square foot. Each was compared to t'he subject in terms of size, location, and special influences. Adjustments wefe then made to each to reflect any differences between the comparable
and the subject site. Market conditions axe considered stable over the period analyzed. All ofthe sales have similar light industrial highest and best use. No adjustment is required
for these factors, This data set indicates that smaller sites have sold for more per square foot than larger sites. Sales 1,2,3, and 4 are adjusted upward for size while Sale 5 is adjusted
downward for this factor. Sales 3 and 4 are adjusted downward fOJ comer locations and Sale 5 is adjusted downward for its frontage On Midway. Sales 1 􀁡􀁾􀀱􀀮􀁤 2 are considered comparable
to the subject in 􀁬􀁯􀁣􀁡􀁴􀁾􀁯􀁮􀀮 Sale 4 reportedly had 􀁾􀀸􀀬􀁏􀁏􀁏 square feet which were unusable due to a drainage area. As noted above, the subject whole is appraised, first,
without consideration of its 11,950 square foot drainage ditch and grassed sloped ue:a, then a s'pecific discount will be applied to this area. Sale 4 is adjusted upward for this £acto,r.
The following table illustrates the adjustlnents applied to the data. 􀁬􀀧􀁩􀀱􀀧􀁜􀁗􀁾􀁴􀁩􀁾􀁉􀀨􀀺􀀺􀀷􀁊􀁾􀀺􀀭􀀷􀀧􀀢􀀢􀀢􀀧􀀢􀁩􀁬 􀁾􀁉􀁾􀁉 I I􀀢􀁊􀁾􀁜􀀢􀀧􀁾􀁽􀀧􀀧􀀧􀀧􀀧􀀨􀁾􀁬􀁾􀁬􀁾􀁭􀀧􀁾􀁉􀀡􀁓􀁴􀁜􀁬􀁻
􀀨􀁬􀁕􀁴􀀡􀁉􀀨􀁾 􀁽􀁾􀁬􀁾􀁾 􀁬􀁊􀀻􀁬􀁾􀁬􀀧􀀨􀁮􀁾􀁾􀁴􀁮􀀡􀀱􀁾􀀭􀀧􀁗􀁬􀁦􀁾􀁾 􀁾 '/';(i II , 􀁾􀀻􀁦􀁻􀀧􀀡􀀱􀁉􀁩􀁾􀀱􀁐􀀧􀀱􀀮􀁰􀁪􀀢􀀬 ';''' 􀁾􀁾􀀬 􀁾 􀁾􀁾􀀨􀁾􀀻􀀺􀁾􀁾􀀧􀁬 ,,,', 􀀧􀀺􀀭􀀧􀁾􀁬􀁬􀁾􀁾􀀻􀀮􀀻􀁩
:j" \', t;'J', 􀀧􀁉􀀻􀀢􀀧􀁾 􀁾􀀢􀀢􀀢 :􀀬􀀮􀁾􀁴􀀮􀀧􀀱 􀁾􀀻􀁾􀀨􀁴􀀺 :f' 'i \ 􀁾􀁁"; 􀁾􀀮􀁜􀁾􀀮􀁾􀁾 􀁾􀀧􀁜􀀻􀀧􀀬 1( _,J.I' I 􀀬􀁾􀁬 􀁾􀀬 􀁾􀀩􀁬 􀁾 􀁊􀁴􀀿􀁴􀁦􀁾􀀿 ',\ ,', 􀁾I 􀁾􀀻 􀀺􀀮􀁾􀁾
,::"Ill.. 􀁾 􀁉􀁾􀀺 􀁾􀀧􀀺􀀧􀀮 A 􀀯􀀺􀁾􀁊􀀬􀀬􀀺􀀺􀀬 􀁾􀀮 ,I';: ;': j 􀁨􀁾􀁉􀁻􀀧􀁾􀁾􀁉􀁾􀀬􀀡􀁦􀀺􀀬 1 􀀺􀀨􀁾 ';;':J' l.:, 1 , ' 1_: ,I) • 􀁾 􀁻􀁾 􀀧􀁾􀀬 􀀬􀁾􀀻 􀀺􀀭􀁾􀀨􀁾 􀀧􀁾􀀧􀁪􀁪􀁬􀁩􀀺􀀮􀀺􀀬􀀮􀁾
f 􀁾􀁾􀁉 􀀺􀁊􀁾􀁉􀀺􀀬 ';1\:!jl, J :: J: /' 􀁉􀀮􀁾􀁜 ,-,-􀁩􀀮􀁾 Size + + + + -Location 0 0 . --Special Influences 0 0 0 + 0 Total Ad.justment + + + + -8 Brian E. Shuler. MAT. 􀁾􀁁 A
􀁾􀀴􀀯􀀰􀀵􀀯􀀲􀀰􀀰􀀳 09:43 9724420729 BRIAN E SHULER PAGE 11/25 After full consideration of aU the ckta :uJ.d analysis, it is nAy opinion that the:: 5ubjeet site has a market value of
$6.00 per 􀁳􀁱􀁵􀁡􀁲􀁾 foot prior to cOJ:lSidetation of the area within the drainage ditch and g-r<lssed sloped area. A SU1nl1;lary of the site valuation follows: Usable Site Ditch &
Slol?e Total Land Value 97,875 SF @$6.00/SF ... 1t,950 SF @$6.00/Sf X .25 ;;;;; $587,250 17,925 $605,175 Rou,nded To: $605,000 Cost Approach The direct costs are estimated prixnarily
from section 14, page 16, class C, Good of the Marshall Valuation Service. Physical detedo,l,'ation is estimated based UPOl1 the subject' sage and observed condition, Analysis of the
subject 􀁰􀁲􀁯􀁰􀁥􀁾􀁴􀁹 and the neighborhood in which it is located indicates that neither functional nor extema! obsolescence is'applicable to the subject. The value indicated by the
cost app.1:oa.ch is summarized as follows: Direct Costs Main :Building 30,287 SF X $61.00/SF Site Improvemen,ts, Landscaping, Paving, Bridges Total Direct CO$ts Indirect Costs Total
Cost New of lrnprovements Less: Depreciation (35%) Deprecia,ted Value of Improvements ,Plus: Estimated Land VallJ,e Total Depreciated Cost Plus: Entrepreneurial Profit and Overhead (12.5%)
Estimated Value by Cost Approach Rounded To: $1,847,507 300,000 $2,147,507 200,000 $2,347,507 821,627 $1,525,880 Q05,OOO $2,130,880 266,360 $2,397,240 $2,400,000 Dh'ect Sales Comparison
Approach· ImproYed A summ;;l.ry of the comparable improved sales data is ill\.l.sttated below. 􀀱􀀱􀀯􀀲􀀸􀀯􀁯􀁾 1997 24168 $69.93 11/08/01 2000 96 355 $1,08,45 01/09/01 1984 25,783 $65.93
04/05/00 1974 24,850 $52.31 9 4 l4340 P.roton "I'" 1 2560 Tarpley 3 4265 Kellwil.Y Circle 2 16650 􀁗􀁥􀁳􀁴􀁧􀁲􀁯􀁶􀁾 B1'ian E. Shule1'. MA T. 􀁾􀁁 A
04/05/2003 09:43 BRIAN E SHULER PAGE 12/25 Prior to alJ,alysis, the per unit sales prices on the basis of cash or its equiva,lcnt ranged from $52.31 to $108.45 per square foot. Adjustments
were the.n made to each to reflect 􀁾􀀮􀁮􀁹 differences between, the comparable a.nd the subject site. No adjustment is required for conditions of sale or market condition,s. Only Sale
2varies substantially in size from the subject, ff;;quiring an up'W"'afd adjustment. The subject has a 3.63:11and to building l"atio aud a parking 􀁸􀁾􀁴􀁩􀁯 of O1J.e space per 209 square
feet of builcUng. This is superior to the sales, necessitating upward adjustments. The subject's effective age is approximately 14 years, is in good conditioo., and has fiber optics
and heavy electrical. Sales 1 and 2 are superior to the subject in this category due to their lesser age. Sales 3 and 4 are inferior)l1 this category. Sales 1,2, and 3 are similar to
the subject in loc;:ation. Sale 4 is located in an older light industrial area of Faouers Branch. An upward adjustment has been applied to this sale for location. The subject is 83%
office a.nd 100% air conditioned. Sales 2 and 4 are considered similar to the subject in this factor, while Sale 1 is inferior and Sale 3 is superior 􀁢􀁤􀁾􀀱􀀮􀁧 100% office md 100%
air conditioned. The following table illustrates the adjustments applied to 􀁴􀁨􀁾 improved sales. 􀁈􀀡􀁪􀁬􀀧􀁜􀁨􀂷􀁾􀁾􀁉􀀺 ...􀁾 􀀬􀁪􀀻􀁲􀁩􀀧􀁉􀀺􀁾􀁾􀀱􀀨􀁾􀀬 .",' 􀀧􀁾 􀁪􀀧􀁉􀀨􀁻􀁾􀁾􀁾􀁾
􀀬􀀱􀁜􀀱􀀬􀀱􀀺􀁾􀁩􀀺􀁩􀁾􀁉􀁉􀁬􀀢􀀬􀁾􀁴􀀡􀁴􀁬􀁾􀁉􀁉􀁾􀀱􀀿􀀹􀁾􀁲􀁕􀁬􀀧 􀀢􀀧􀀨􀁾􀀧􀁾􀁾􀀺􀁾􀀺􀀧􀁚􀁾􀁾 􀁴􀁜􀁾􀁾􀁉􀀺􀀧􀀱 􀁾􀀮􀀧􀁾􀁾􀁉􀁴􀁾 l/:r'; 􀁾􀁩􀀺􀀬􀁾􀀺􀀧􀀧􀀧􀀺􀁾􀁾􀁾􀁪􀀬􀀱􀀱 􀀬􀁬􀁦􀁬􀀺􀁾􀀻􀀡􀁊􀁾􀀧􀀺
􀁉􀁆􀀡􀁾􀀧 􀁾􀀢􀀨 '\:' 􀁾 􀁜􀁾􀀺􀁾􀀬􀀺􀁬􀀻􀀻􀁻􀀧􀁾 􀁬􀁾􀀺􀀧 \ 􀁬􀀧􀁾􀁾􀁜􀁾􀀬􀁾 􀀧􀁶􀁾􀁾􀀻􀀧 -," ".1 'I'u,fi,= ::'! !\1\f...􀂷􀁾􀀺􀁾􀀩􀁴􀁾􀁾􀁦􀀮􀀱􀀺􀁾􀁾􀀨􀀻 􀁾 \ 􀁾􀀬􀁜 􀁾􀀡􀁁􀀬􀁨􀁾􀀨􀁉􀀭
􀀧􀁾􀁊􀀺􀁬􀁻􀀯􀀺􀀧􀁉􀀯􀀢􀁾􀀺􀁬 h􀁜􀁾􀀱􀀻􀀧􀀱􀁾􀀱􀀱􀀺 ,1,\\ 􀁜􀁬􀁬􀀮􀁴􀁾 􀁾􀀢􀀬􀁜􀀧􀁨􀁬 􀁻􀀧􀁾􀁾􀀢 ' 􀀬􀀨􀀻􀁜􀁈􀁬􀁬􀁊􀁬􀁾􀀬􀀬􀁽􀀨􀀩􀀱􀀱􀀱􀀱􀀧􀁾􀁜􀁉􀀯􀀧 􀀡􀁾􀁾􀀩􀀧􀀩 "I ' I 􀀱􀀱􀀱􀁾􀀮􀀩􀁨􀁪􀁬􀀤􀁾􀁜􀁾􀀧
􀁪􀁟􀁬􀀻 ,(1(( II(i, 􀁾􀁾􀀺􀁾􀁾􀀬􀀬􀁜􀁽􀁾􀁬􀁬􀀻􀁾􀁾 0(,'11 ':'l¥::.,..􀁪􀁾 "\ ( 'W 􀀱􀀱􀀡􀁉􀁾􀁴􀀻􀀬􀀬􀀧􀁉􀀬􀀨 , 1.,1;" Size 0 + 0 0 Land to 􀁂􀁵􀁩􀁬􀁤􀁩􀁮􀁾 􀁒􀁡􀁴􀁩􀁯􀀯􀁐􀁡􀁲􀁫􀁩􀁮􀁾
+ + + + Age, Construction, Condition --+ + Location 0 0 0 + Office/Air Condition + 0 . 0 Total Adjustment + -+ + After fun consideration of all the data a.nd a.nalysis, it is my opinion
that the subject, conta,it).mg 30,287 square feet, has a 􀁭􀁡􀁲􀁫􀁥􀁾 value of $75.00 to $77.50 per square foot, or $2,310,000 rounded. Income Approach A summary of the comparable rentals
is illustrated below. 1234 16650 Westgrove 3330 Keller Springs 4285 K.ellway Circle 2125 Chenault 2000 1981 1984 1995 96 355 99,710 102,855 56,000 100 􀁾􀁯􀁯 74 36 $11.35 $11.84 $11.67
$7.00 NNN Ind. Gross Ind. Gross Ind. Gross Analysis of the rental data indicates that rental income ranges from $7.00 to $11.84 per square foot per year on rripl.e net and 􀁩􀁾􀁤􀁵􀁳􀁴􀁲􀁩􀁡􀁬
gtoss 􀁾􀁡􀁳􀁥􀁳􀀮 􀁒􀁾􀁬􀀺􀁴􀁡􀁬 1 is 100% 􀁡􀁾􀁲 conditioned office. Rental 2 15 96.5% offlCe and 100% aIr condmoned. Rental 3 l,S approximately 90% air conditioned office with the
majority ofthe 􀀺􀁶􀁡􀁲􀁥􀁨􀁯􀁵􀁳􀁾 space being a1{ 􀁣􀁏􀁾􀀱􀀮􀁤􀁩􀁴􀁩􀁯􀁯􀀬􀁥􀁤􀀬 Remal4 is 22% air conditioned office. The last lease U1 the subJect property 10 Brian E. Shuler, l\1AI,
GAA
B4/05/2BB3 B9:43 9724420729 BRIAN E SHULER PAGE 13/25 prior to this 􀁣􀁏􀁘􀁬􀁤􀁥􀁭􀁮􀁡􀁴􀁾􀀿􀁮 Was for $8.50 p.er s1uare foot. On this basis, it is my opinion that the market (econolXUc)
rent for the s11-bJect IS $8.75 per square foot per year on a txlple net basis. Vac;l.ncy and expense information is based on data gathered on comparable 􀁰􀁲􀁯􀁰􀁥􀀮􀁲􀁴􀁾􀁥􀁳 in the
a,fea. VaCd.11cy and collection losses are estimated at 8% of the potential gross UACOll1e. Ad valorem tax:es, based on Dallas Central Appraisal District calculations total approximately
$30,000. The property owner is responsible for the pro rata share based on the vacant space. At astabilized 8% vacancy, the l:mdlord would pay $2,400 in taxes per year. Insurance 􀁥􀁾􀁰􀁥􀁮􀁳􀁥
is estimated based on $0.125 per building square foot per year on the 8% vacant space or $303 pet year. Management costs are estimated at 4% of projected effective gross income or $9,752
per year. Maintenance and repairs are based on $0.25 􀁰􀁥􀁾􀀧 building square foot pet year on the 8% vacancy or $606. Replacement allowance fm xeplacement of long lived items and miscellaneous
eXJ?enses which can not be passed through to the tenants is estimated at $500 per 􀁹􀁥􀁾􀁴􀀮 Comparable sales indicate om overall capitalization rate of 9.75%. The income approach using
direct capitalization is summarized as follows: Potential Gross Income Vacancy & Collection Loss Effective Gross Income Expenses: Taxes Insurance Management Maintenance & Repairs Replacement
Allowance &1Y1iscdlaneous Tota! Expenses Net Operating Income Capitalized at .0975 Rmll1ded To: $2,400 303 9,752 606 500 $265,011 21,201 $243,810 13,561 $230,249 $2,361,528 $2,360,000
Reconciliation and Final Value Estimate The Income Approach is based upon current market rent and expeo.se information found in the subject area as well as the current status of the
subject. The capitalization rate was derived from recent market transactions and competing investments. This approach is felt to closely reflect the potential purchasers' thinking in
the analysis of the subject as an income J?roducmg property and was heavily relied upon. The Direer Sales Com.parison Approach is well documented by comparable sales. The value estimate
by this approach is considered to be reliable. The Cost Approach is considered, but is given the least weight in the fmal estimate of value fOT the subject property. The market value
of the subject whole property, as of April 5/2003, is estimated to be $2,350,000. 11 Brian E. Shuler, MAL GAA
04/05/2003 09:43 9724420729 BRIAN E SHULER Whole Property PAGE 14/25 After full consideratio,u. of all the dllta and aIJ,alyses, it is my opinion that the subject whole property has
a market value as of April 5, 2003 of: $2,350,000 Permanent Taking The value ofthe permanent takiug is estimated as aportion of the subject whole, Although the condemnee is reserved
the right to use the easement area for parkin.g, ingress, and egress, the city reserves the right to not permit 􀁴􀁨􀁩􀁾 􀁵􀁾􀁥 ifthe city unilaterally determines that such use would
interfere with the opexation and mainreo.ance of the roadway Ot that such use would endanger the health and safety of the public. Also, the city's pI anned and/or u.nforeseen futu.re
construction in the easement roay render its use physically unfeasible or impossible. As such, the city is taking the vast 􀁾􀁮􀁡􀁪􀁯􀁲􀁩􀁴􀁹 of the rights to the land within the ta.king,
It is myopinion that the taking constitutes 95% of the fair market value of the land impacted. It i5 my opinion that the vaJue ofthe subject permanent takin.g, containing 29,223 square
feet, is as follows: Land: Usable Site Ditch & Slope 17)73 SF @$6,OO/SF x .95 11,950 SF @$6.00/SFx.25 􀁾 .95 $98,456 17,029 Total T;aking (excluding 1055 in value to improvements within taking) Remainder Before 􀁔􀁡􀁫􀁩􀁮􀁾 $115,485 The value of the remainder immediately before
the permanent taking is simply the mathematical difference between the value of the whole property and the value of the permanent taki1J,g. AgailJ.) this cak.'l.uation is made without
consideration of a.t.1Y loss il). value to the improvements located within the area taken. This indicates 􀁾 remainder value befoJ;'e the taking of: Remainder After Ta.king After the
taking, the remainder is cousidered negatively impacted by the taking. The new right-of"way 􀁬􀁩􀁾􀀱􀁥 comes witm;J, 1.04 to LOS feet ofthe north wall ofthe building. The use of . the
parking, drives, and bridges within the part taken is at severe risk. The proximity of the taking and proposed roadway is a major concern. These factors impact both the value of the
improvements within the taking and the remainder property. 12 Brian E. Shulerl MAt GAA
04/05/2003 09:43 9724420729 BRIAN E SHULER PAGE 15/25 Su.bsequent to knowledge of this condemnation, Mr. Gary B. Croudl marketed the subject pxoperty 􀁾􀁮 the basis of full disclosure
of available informatioA regarding the condern..l.lat1on. Areas ofconcern by parties investigating the property included lower rental rates, decxeased occupancYI longer lease up periods,
lower quality tenau.ts, less favorable lease term:>, debris and polll,J.tion, security, and increased 􀁩􀁮􀁳􀁵􀀮􀁲􀁾􀁮􀁣􀁥 expense. Two offers were received on the prope,rty during the
marketing period. One was by investors interested in purchasing the remainder property as an incOlue producing investment. The offer was $1,200,000 received May 8, 2002. The only other
offer on the remainder was for $1,750,000 by a purchaser interested ill occupying the property. This offer was accepted and the sale of the remainder was con,summated July 2, 2002. This
sa.le represents a 22.7% decrease in the value of the remainder. As reflected by the much lowe.r offer from investors, it is reaso.na.ble to conc1l,J.de that a user purchasing a property
which fits his needs would be less concer.ned about the ecoo.ormc impacts from. the condemnation. The user would be most concern,ed with the physical impacts to his operation of the
property. Had a lJser-purchaser not been found, it is likely thilt the pl'operty would hilve sold to . investors at a lower price. However, the sale did occur at the $1,750,000 level.
Due to the relatively stable hght industrial market in this area since]uly, 2002, it is myopinion that this sale is the best indicatiou of the value of the rema.inder as of Aprils, 2003.
The total value of the remainder after the ta.ke is: $1,750,000 Remainder Damages The daUJ.ages to the remainder are the diJfenmce between the estimated value of the remainder immediately
before the takio.g a.nd the 􀁥􀁳􀁴􀁩􀁭􀁾􀁴􀁥􀁤 value of the remai.nder immediately after the taking. In this case theJ:e are estimated remainder damages of $484,515. ToW Compensation
Due Owner The total compensation due the own.e.r is the sum of the value of the takin.gs and the damages to the remainder. The estimated value of the permanent taklngis $115,485 and
the remainder damages are $484,5 􀁾􀀵 fo.r a total of: $600,000 13
04/05/2003 09:43 9724420729 BRIAN E SHULER PAGE 15/25 The following is a summary of these value estimates. SUMMARY Value of W1:wle Value of Taking Value of Remainder -Before Takillg
Value of Remainder -After Taking TotaI Rema,inder Damages Total 􀁃􀁯􀁭􀁰􀁥􀁾􀁳􀁡􀁴􀁩􀁯􀁮 Due 14 $2,350,000 $2,234,515 1,750,000 $115,485 484,515 $600,000 B1'ian E. Shule1'. MAL QAA
84/85/2883 89:43 BRIAN E SHULER CERT!PICA􀀧􀁉􀀧􀁾􀁏􀁎 PAGE 17/25 I certify that, to the best of my wowledge and belief: The: H..􀁴􀁥􀁬􀁬􀁬􀁥􀁴􀀺􀁬􀁬􀁾 of fact coua..ined in th.i.s report
are true and corxect. The reported analyses, opiniOl),S, and conclusions :aJ:e limited ouly by the reponed 􀁡􀀮􀁳􀁳􀁷􀁮􀁰􀁴􀁩􀁯􀁮􀁾andlimiting condiuons, an,d 􀁾􀁥 my personal, impartial,
􀁾􀁤 unbiased professional :analyse$, opinions, and conclusiom, I have no present or prospective interest in the property that is the subject of this report, and no personal 􀁾􀁮􀁴􀁥􀁲􀁥􀁓􀀱􀀺
with gSpe:ct to the parcies involved. I have no bi:as with respect to the property that is the subject of this report or to the pill-rie$ in,volved with this 􀁾􀁳􀁾􀀦􀁵􀁮􀁥􀁮􀁴􀀬 My
engagement in this assignment was not contingent upon developing or reporting predetermined results. Mycompensation for completing this assigl.:unent is not cominge.n.t l,.Ipon the development
or reporting of apredete..onined value or direction.w val\lC that favors the 􀁃􀁡􀁾􀀮􀀬 ofthe: clic:nt, the amOll,OX of the y.uue opinion, the atta,inment of astipulated result, or the
occurrent;.(: of ;l. s\lbse,q\lent event directly rebted to the inten<:kd use of this Olppraisal. My analyses, o?in.ions, and 􀁣􀀮􀁯􀁮􀁣􀁬􀀬􀁾􀁳􀁩􀁯􀁮􀁳 were dt'Veloped, and this report
has bee.,o. prepared, in conformity 􀁷􀁾􀁴􀁨􀀮the Unifom1 Sta,(lda.rds of Professional Apprg,,\sal Practice, I have made a 􀁰􀁥􀁲􀁳􀁯􀁮􀀬􀁾 j)j,5pcctiol1 of the propeny that 15 ,ht:
􀁾􀁵􀁢􀁪􀁥􀁌􀁴 of this repon, The use of this (eport 􀁾􀁳 subject to the requiremems of the Appraisal Institute relating to review by its duly autho(ized representatives. As of the d:ate
of this rep oAt, I, BriM E. Shuler, MAl have completed the .requirements of the c:ontinuing education program of the AppraisalllAsti.t\lte. No one pxovided significant 􀁰􀁲􀁯􀁦􀁥􀁳􀁳􀁩􀁯􀁾􀀱􀁡􀁬
assistance to the person signing this report. I certify that, to the best of l'l)y knowledge md belief, the reponed a.ualyses, opinions and conclusions were developed, developed, and
th.is report has been prepared, in coxl,formity with the requirements of the Code ofProfessional Ethics a.nd Standa.rds of J?xofcssional Appraisal Practice of the Appraisal Institute.
􀀯􀀲􀁾􀁥􀀭􀁩􀀬􀀹􀁾 Brian E. ShuJ.er, MAl, GAA State of r EXas General Real Esta,te Appraiser 􀁃􀁣􀁸􀁴􀁊􀁾􀁣􀁡􀁴􀁥Number: 'I'X-1320199-G
'04/05/2003 09:43 9724420729 BRIAN E SHULER ADDENDA PAGE 18/25 Brian E. Shuler, MAl. GAA
04/05/2003 0g:43 g72442072g BRIAN E SHULER PAGE 19/25 CONTINGENT AND LIMITING CONDITIONS (Page 1 of 3) The following statements, assumption$, and conside:r:ations are Umitations ofthis
appraisal report. Use of or reliance on this a.ppraisal report by client or any third party constitutes acceptance of these conditions. This is aS1Jnunary Appraisal Report which is intended
to comply with the reporting requirements set forth under Standard Rule 2-2(b) of the Uniform Standards ofProfessional Appraisal Practice fo,; a Summary Appraisal Report. As such, it
might not include full discussions of the data, xea.soning, and analyses that wexe used in the appraisal process to develop the appraiser's opinion of value, Supporting documentation
conc;erningthe data, ,reasoning, and alJalyses is retained 1U. the appraiser's file. This report is to be used in conjunction with oral testimony which, to the degree possible, will
relate these substantive matters. The infoxmation contained in this repolt is specific to the needs needs of the dient and for the intended use stated in this report. The appraiser is
not r:esponsible for 􀁵􀁮􀁾􀁵􀁴􀁨􀁯􀁲􀁩􀁺􀁥􀁤 use of this report. The term" ma,rket Y<llue ", is defined by the Uniform Standards of Appraisal practice a5 a type of value, stated as
an opinion, that presumes the transfer of property (i.e., Q. right of ownership or a bundle of such rights), as of a certain date, under specific c:o.l.lditions set forth in the definition
of the term identified by the appr3,iser as applicable in an, appr:aisal. The date ofvalue to which the opinions 􀁥􀁾􀀬􀀻􀁥􀁳􀁳􀁥􀁤 in this report apply is stated in the document. The
appraiser(s) assumes no responsibility for 􀀧􀁕􀁮􀁦􀁯􀁲􀁥􀀵􀁾􀁥􀁮 economic or physical facton oa::urring at some later date which may affect the opinions herein stated. All dolla.r amounts
are bMed on the purchasing power alJd price of the dollar as .reflected in the time period analyzed. Possession ofthis report or a copy thereof does not carry with it the right of publication.
Neither all nor any part of this report shall be conveyed to the public through adveltisirJg, public relations, news media, sales media, or other media for public communication without
the prior w,ritten consent of the appraiser, This appraisal is to be used o.oly in its entirety and no change in myitem in the report shall be made by anyone other than the appl"aiser(s).
No responsibility is assumed by the appraiser(s) for any such unauthorized chan,ge(s). The distribution, if any, of the total valuation in this report 􀁢􀁾􀁴􀁷􀁥􀁥􀁮 land and improvements
applies only under the stated program of utilization. The separate valuations for land and buildings must not be used in conjunction with any other appraisal ao.d ate invalid if so used.
No responsibility is assumed for the legal description at: fox ma.tters including legal or title considerat.ions. Title to the property is assumed to be good and marketable unless otherwise
stated. The propeny is appraised free and clear of any or all liens or encumbrances unless otherwise stated. Responsible ownership and competent propeny management are assumed upless
otherwise stated in this report. Brian E. Shuler, MAL GAA
04/05/2003 09:43 972442072'3 BRIAN E SHULER PAGE 20/25 The infornutioJ)' furnished by others is assumed to be reliable. However) no warrauty is given for its accuracy. If the client
has any questions regarding this 􀁾􀁮􀁦􀁯􀁲􀁭􀁡􀁴􀁩􀁯􀁮􀀬 it is the cliem's responsibility to seek whatever independent verification is deemed n,ecessary. All engineering is assumed
to be correct. It is 􀁾􀁳􀁵􀁭􀁥􀁤 that the utilization of the land and i.mprovements is within the boundaries or p1:operty lilles ofthe property desqibed and that thexe is no encroachment
or trespass unless noted in the report. It is assumed that there are no hidden or Wlapparen.t conditions ofthe property, subsoil, drainage with rega.t.'d to inundation, mechanical equipment,
or structures that r:e.o.der it more or less valuable. No responsibility is assumed for: such conditions or for arranging or payipg for studies or surveys that may be required to discover
them. If the client has any questions regardi.n.g these items, it is the 􀁣􀁬􀁾􀁥􀁮􀁴􀀧􀁳 responsibilityto order and pay for :my inspectious deemed appropr:iate. The plot plans and illustrative
material in this report are included only to assist the reader in visualizing the property. It is assumed that there is full compliance with all applicable federal, state, and local
environmental, zo,l..1ing) and use regulations aud laws unless noncomplian.ce is stated, defined, and considereel il). the appraisal repon. It i.s assumed that all required Hcenses,
certificates of occupancy, consents, Ot other legislative or admin.ist.t:il.tive authority from any local, st?tte, or national goverrunent or private entity or organization have been
or can be obtained or renewed for any use on which the value estimate contained in this report is based. Unless otherwise stated in this report, the appl'2iser(s) has no knowledge concernin,g
the presence or absence of toxic materials or gases 􀁩􀁾􀀱 or about this property. The appraise.r(s) is not expert in insulation or other products banned or restricted by the Consumer
Products Safety Co.m.ro.1ssion or any other entity. The appraiser(s) has not inspected for, tested for, nor ta1s:en into consideration such materials or 􀁧􀁾􀁥􀁳􀀬 The presence of such
may affect the value of the property and, if found to be present, reappra.isal at additional cost would be necessary to estimate these effects. Unless otherwise stated in this report,
the subject property is appraised without a specific compliance survey having been conducted to dete.tmine if the property is or is not in conformance with the requirements of the Americans
with Disabilities Act. The presence of architeetur:u aud communications barriers that axe structural in nature that would 􀁲􀁥􀁳􀁴􀁲􀁾􀁣􀁴 access by disabled individuals m.ay adversely
affect the propelty's value, ma.l:ketability, or utility. Where improvements are proposed, the plans and specifications furnished to the appraiser upon which the 􀁶􀁡􀁨􀁾􀁡􀁴􀁩􀁯􀁮 is
predicated are assumed to show the intent ofthe builder, but the appraiser assumes no respon,respon,sibility for their correctness or for undisclosed revisions or modifications. It is
assumed that proposed improvements to the subject property will be built in a competent aJ.l,d workmanlike IPa..J.mer. n .. 􀁾 .' <..,... ,...", ... -..... 􀁾􀀮􀀮 •
BRIAN E SHULER PAGE 21/25 No consideration has been given to personal propertY-located on the premises, Or to the cost of moving or relocating such personal property. Only the real property
has been considered, illlless otherwise stated. Any jncome and expense data applicable to this appraisal report do not represent an audited retutn. 'The fee for this assignment is not
cO.lJ.tingent on any loan commitment, sale, tri::l.l, outcome, receipt of funds or any other condition. The appraiser(s) herein by reason of this appraisal is .lJ.ot required to give
further consultation, testimony, 01;" be in attenuant;:e in coun: with reference to the propeny in question unless arra.ngements have been previously mo,de. This report is written in
conformity with our understandir).g of the Uniform Standards of Professional Appraisal Practice and Code of Professional Ethics of the Appraisal Institute. Appraiset(s) liability extends
only to the stared client, not to any subsequent parties or users ofany type. The total liability of the appralser(s) is limited to the arnou,ut of the fee received by the appJ:'aiser(s)
. DISCLOSURE One or more of the signatories of this appraisal report is a􀁍􀁥􀁾􀁵􀁢􀁥􀁲 or Candidate of the Appraisal Institute. The Bylaws and Regulations of the Institute reqcite each
Member and Candidate to control the use and distribution of each appraisal report signed by such Member or Candidate. Therefore, except as hereinafter provided, the party for whom this
appraisal report was prepared may d.istribute copies of this report, in its entirety, to such third parties as may be selected by the patty for whom this report was 􀁰􀁲􀁥􀁰􀁾􀁴􀁥􀁤􀀻
however, select portions of this appraisal report shall not be given to third parties w'ithout prior written consent of the signatories of this appraisal report. Further, neither all
nor any part of this appraisal report shall be disseminated to the general public by the use of advertisiIAg media, public relations media, A"'l,ews media, sales media, or other media
for public communication without the prior written consent of the signatories of this appraisal report. Brian E. Sltuler, MAl, GAA
04/05/2003 09:43 9724420729 BRIAN E SHULER QUAUFKATIONS all E.RlAN E. SHULER, MAl, GM PAGE 22/25 EXPERIENCE 􀁂􀀬􀁾􀁡􀀮􀁯􀀮 E. Shuler, MAl,GMis a real estate app.nusc:r, consultant wd
analyst located at 2062 Quail Run Road, Wyhe, Texas 75098. He is a graduate of Texas A& MUn.ivmity (1976) 􀁷􀁾􀁴􀁨 aB:ocl1e1or of Science Degree in Ag6cJ+1tUA"'OlJ. Economics -Business.
He has been active in the appraisal and analysis of all types of real estate since 1976, 􀀧􀁰􀁲􀁩􀁭􀁾􀁩􀁬􀁹 whhin the StOlte of Texas and, also, 􀁴􀁨􀁲􀁯􀁵􀁧􀁨􀁯􀁵􀁴􀁴􀁨􀁾 United States.
Mr. Shuler has published sev-eral articles related to real estate md :l.pprnsal. He has qu:ili.f.ied as an expert w1t,nes5 i.n prol?erty valuQtion iI;l. county, state, and fedeI:al coW"ts.
Mr. Shuler is a. Lice.o.sed Real Estate B(o:\s.er, State of Texas, ,lf236666-02. APFIUATIONS Member-State Certified -Natioo..al Assodal:ion of Realtors Real 􀁅􀀮􀁾􀁴􀁡􀁴􀁥 Apprais;u
Section Texas Associatio.u of Realtors Greater Dallas Association of Realtors BIBLIOGRAPHY Appraisal Institute, MAl #7l75 State of Texas Gene,al Real EState Appraiser Certiiic'olte Number:
TX-1320199·G GM (GenerOll Accredited Appra..i"eI:) #99 "CaseLaw aJAd the Condemnation Appraisal." 171Stitutf onp/an:m?7g, Zoning, andEminentDomain (1992): pgs. 􀀹􀀯􀁾 . 9/13. "Hazatdol.lS
C\wes Ahew: Appraising Contami)"atedProperties." Imtitute on Planning, Zoning, a:rui Emiru:ntDom4in (1995): pgs. 11/1-11/17. "ComplexProperties: Made Simple>" The Twenfy-SeventhAnnuaLInstitutwnPlmvv.
ng, Zonin€-andEmiJwullino.in (1991): 􀁰􀁧􀁾􀀮 l5/1-15/10. PROfESSIONAL EDUCATION Course 11>,-Course 201-􀁃􀁯􀁜􀁾􀁲􀁳􀁥 2-1 -Course 2-2-Course 2-3· Basic appraisal principles, methods,
and teclu:J..iques -American Institute of Real Estate Appr..1,se.rs 􀀢􀁐􀀬􀁜􀀧􀁩􀀻􀀩􀁣􀁾􀁰􀁫􀁳 of Income Property Appraising" -Society of Real Estate Appraisers "Case Studies In Real
Estate Valuation" -Arnuican Institute of Real Estate 􀁁􀁰􀁰􀁬􀀧􀁡􀁩􀁾􀁥􀁬􀀧􀁓 "Valuatio.n. Analysis md Report Writing" -American Institute of R.eal Estate App,l.'aisers "Standards of
Professional Practice" -American Institute of Real Estate Appraisers 􀀢􀀧􀁾 ...j_ .. _ T"l {'I 1 . .. 1 ... '11. 11'. T .......... A
04/05/2003 0g:43 g72442072g BRIAN E SHULER PAGE 23/25 Course 4JOCourse 420-Course 430 $t3l).da.rds of Professional P,,"-et.i.l;€, Pa.rt A, Appraisul 􀁉􀁉􀀩􀀮􀁾􀁩􀁴􀁵􀁴􀁥 Stmdards of
ProfessioMl Pr:actice, Part B -Appraisal Institute Sta.l1da1;els of Professional Practice, J:>an: C -Appraisal Institute Residential Examinatio.u Number Two -Society of Real Estate Appraisers
"Rur:J, 􀁖􀀮􀁵􀀱􀁊􀁾􀁴􀁩􀁯􀁮􀀢 -American 􀁉􀁬􀀬􀀱􀁳􀁴􀁾􀁴􀁜􀁬􀁴􀁥 of Real Estate Appraisers Comprehensive Examination· ,American Institute of Real Estate Appraisers Numerous courses
and seminars on valuation 􀁴􀁥􀁣􀁨􀁮􀁩􀁱􀁾􀁥􀁳􀀬 market trends and influences, report preparation and prese.u,lal.i.un, a.ppraisal for litigation, zonitl.g and land use, eminent domaiu,
el)vu-onmental issues, and other areas of al?PKa.i.sal a.nd related practices. EMPLOYMENT 1999 -Present Rea! estate appraiser and consultant, Wylie, Texas 1985-1999 Real estate appraiser
and consultan.t with Shulel', Osenbaugh & Associates, Richaxdson, 'texas 1983 -1985 Real estate ap,Pxa.i.ser a,ud consultant with Clettenbcrg, Osenbaugh & Associates, Dallas, TeJi:as
1976 -1983 Re:J, 􀁥􀁾􀁴􀀺􀁬􀀮􀁴􀁥 􀀺􀁬􀀬􀁰􀁰􀀮􀁲􀁾􀁳􀁥􀁲 and consultant with Real Property A.nulySts, BoustolJ.., 􀁔􀁾􀁡􀀮􀁳 PARTIAL LIST OF REJ;lRESENTATXVE CIlENlS Govem,ment Agencies
Allen Independent Sc.hool P,i,strict City of Arlington City of Coppell City of Dallas City of Farmers Branch City of Grapevine City of Houston City of Lewisville City of Plano Collin
County Community College District Dallas Area Raflid Transit (DART) Dallas County Dallas County COITunuruty College District Federal Deposit Insurance Corporation Federal 􀁂􀁯􀁾􀁮􀁥
Loa.t, Ba,nk Boa,r:d Federal Housing 􀁁􀁤􀁮􀁊􀁊􀁮􀁾􀁳􀁻􀁲􀁡􀁴􀁩􀁯􀁮 Harris County Harris County Department of Mental Health and Mental Retardation Houston Independent School District
Internal Revenue Service Irving Independent School District McKinney Independent School District Metropolitan. Tr;u,sit Authority (Klouston) NOl-th 􀀧􀁴􀁾􀀻􀁬􀀮􀀵 ToUw:l.Y Authority
North Texas 1v,funicipal Water District Resolution Trust Cor:poration· Dallas DistrAct 􀁒􀁉􀀺􀁾􀁯􀁬􀁵􀁴􀀮􀁩􀀮􀁯􀁾􀁬 􀁔􀀮􀁲􀁵􀁾􀁴 Corpo"<lt).on· 􀀺􀁄􀀱􀀺􀁊􀁊􀀮􀁶􀁾􀁲 􀁄􀀮􀁩􀀮􀁾􀁴􀁸􀀮􀁩􀀮􀁊􀀻􀀺􀁴
Resolution Trust Corporation -Kansas District TXU Texas Attorney General's Office 􀁔􀁥􀁾􀁬􀁬􀀤 Depettment of !KaJ}spoA-tation 􀁔􀁥􀁾􀀳􀀮􀁓 Tumpike Authority United Sta,tes Department
of J\1-Stic.e Veterans Adminisuation Brian E. Shuler. MAT. GAA
04/05/2003 09:43 9724420729 BRIAN E SHULER PAGE 24/25 􀁐􀁩􀁮􀁡􀁮􀁣􀁾􀁡􀁬 Institutions America,J,J. National Bank B:l.Alk One Te:Kas Barclays Bank PLC, New York Carteret Sav'ings Bank)
New Jersey Charter One, Cle\Tdand, Ohio Cit? Savings and T,oan, California Comp<l$S Ba,tJk Comexstone Bank First American :Bal;?,k First Interstate Bank First Nationwide Bank) MIssouri
Corporations Atlantic Richfield Cumpany Bell Telephone Systems Ben Franklin Stores Household Merchancllse, Incorporated Brown & Root USA, Inc, 􀁃􀁥􀁮􀁣􀁯􀁲􀁾􀁲􀁹􀁓􀁥􀁲􀁶􀁩􀁾 Centex Deyelopment
Champion International Corporation. Chicago, R.ock Isl:a.u.d & J?:a.cUie 􀁒􀁾􀁬􀁲􀁯􀀻􀁬􀁤 Company City Industries Compaq Computer CorporOltion Conoeo, Inc. D. Alan Bowlby & Associates
DIM, Inc. Dupont Corporation E-Systems Enserch Corporation EX'p1orer Pipeline Company Exxon Company, U.S.A. Ford Motor Company George MeEkoy&􀁁􀁳􀁳􀁯􀁣􀁾􀀧􀁡􀁴􀁥􀁳 General Telephone
Com.l?any Graham 􀁁􀀮􀁾􀁾􀁯􀁥􀁩􀁡􀁴􀁾􀁾 Gramex Corporation Grubb & Ellis Houston Belt & Te.rminal.Ra.ilroa.d Hunt Properties, Inc. I,B,M, Corporation Kenneth H. Hughes Inte,e.sts Kinder-Care
Lcarni.u.g Ccntm, Inwrporatcu. Las 􀁃􀁯􀁬􀀮􀁩􀀮􀁮􀁾 Lao,d L.P. McDonald's Corporation Pi.r:st Savings of Arkansas, F,S.,B. Gt.a.ranty Federal Bank Me.rcmtile Bank &. Trust MUI:ray Financial
NationsBank of 'Texas NCNB Te:x2.$ 􀁎􀀺􀁬􀀮􀁴􀀻􀁯􀁬􀀩􀀬􀁾 B..nk One National Bank) Arkd.!,1sas Spring Brandl Bank, Bou.ston 􀁔􀁴􀀺􀁁􀁾 Commerce Bank Dniversal Fedej'al Savings Association
Victoria Savings 􀁁􀁳􀁳􀁯􀁣􀁩􀁡􀁴􀁾􀁯􀀮􀁮􀀬 F,S,A Melvin Simon & AssocjateSj I.A'L M.K.T. Railroad Com£lany Mobil Oil Corporation MRealty Corporation Niltlonal 􀁁􀁾􀁳􀁥􀁴 Services, Iuc.
National Convenience Stores Nevander Asset Management, Inc, Paragon Grou.p Raymond D. N:;u;her Company S &. A Restaurant Corp, (Stt'ak and Ale) SCI l'exas Real Estate Development, Ltd,
Search IovestAAle.nl Holdings L.i..x::oilo:J Seotry Environmental Shell Oil Com.l?any Si.mon J2z:operty Group Sinacola Properties, Inc. Southem ,Pacifjc 􀁔􀀮􀁲􀁡􀁮􀁳􀁰􀁯􀁲􀁴􀁡􀁴􀁾􀁯􀁵
Compa.o.y Southern Ventures SO\1'tb1and Corporation Sot1thwestern Bell Telephone Company Tabor Investments Corporation 'l'eam.steI:S Uoion TC'.K(l(;o, Incoxporaud Texas Eastern Transmission
Corporation t 􀁥􀁸􀁾 􀁉􀁮􀁤􀁜􀀬􀀱􀁳􀁴􀁲􀁾􀁥􀁳 Texas United Outdoor Advertising Company Texas Utilities Texas Wholesale: Supply Company Tril),ity h),dustAles Incorporated Union Pac:ific
Railroad 􀁓􀁹􀁾􀁴􀁣􀁭 U.S, Bome Corpo.ration walter Mischer(Mischer Enterprises Brian E. Shuler. MAJ. GAA
B4/05/20B3 09:43 Law Finns 9724420729 BRIAN E SHULER PAGE 25/25 AI1er, Hadden, 􀁊􀁯􀁨􀁬􀀱􀁾􀁯􀁮 & 􀁂􀁲􀁯􀁲􀁮􀁢􀁥􀁲􀁾 Dallas, Te2f.as Ba);.;.c" &: Botts, Dallas, r e,xq.:; Banks & Widmer,
Denton, Texas ,Blac.kburn & 􀁃􀁡􀁲􀁴􀁥􀁾􀀧􀁊 Houston, Texas Bracewell & Paterson, Houston, 'l'e;xas Butler & Binion, HoustQ,\l., Te;lS;a.s Calhoun & Stacy, Dallas, Te:ls:as 􀁃􀁡􀁲􀀮􀁤􀁮􀁧􀁴􀁯􀁾􀀬
Coleman, 􀁓􀁬􀁯􀁬􀁬􀀩􀁾 &Blumenthal, Dallas, 􀁔􀁾􀁡􀁳 Collie, Key, Ausrm, Texas Curtis, 􀁍􀁡􀁬􀁬􀁥􀁴􀀭􀁐􀁲􀁥􀁶􀀨􀀩􀁾􀀬 Colt & MosIe, Ne:w York, New York Dawson, Sodd, Moe, Jacobsen &
Beard, Corsicana, Texas Pecker, Jones & McMackin, ,Pt. Worth, Tegas Eddie Vassallo & Associates, Dallas, Texas 􀁆􀁲􀁯􀁾􀁴 & Jacobs, 􀁃􀁩􀁮􀁣􀁩􀁮􀁮􀁾􀁩􀀬 Ohio Fulbright and Ja.worski,
Dallas, Texas Gay, McCall & Isaacks, J'?lalJ,o, Texas Geary, J?orte" ex:. DOnOYOUl, Dallas, Texas Godwin & 􀁃􀁡􀁲􀁬􀁴􀁏􀁾􀀱􀀬 Dallas, Texas Goforth & Lewis, Houston, Texas G.6f[in, Whitten
& Jones, Denton, Texas Hastie & Kirschner, Oklahoma City, Oklahoma Haynes & Boone, Dallas, Texas Haynes & Fullenweider, Houston, Texas Hooper & Evans, Fan Worth, T􀁥􀀻􀁬􀁓􀀺􀁾 Jackson
& Walker, Dallas, Texas Jeffel', Mangels & Butler, Los Angeles, California ]enkens & Gilchrist, Dallas, Texas Kennedy, Minshew, Campbell & Morris, Sherman, Texas Law, Snakard & GambjJl,
Fort Worth, Texas Locke Purnell Rain Harrell, Dallas, Tex;l.S Mayor, Day, Caldwell & Keelon, 􀁁􀁕􀁾􀁬􀁩􀁮􀀬 Ta3.:S Ma)'or, Day. Caldwell & Keeton, Houston, Texas McAfee & Taft, Oklahoma
City, Oklahoma Mcfall, Sherwood & Sheehy, Houston, 􀁔􀁥􀁾􀁡􀁳 Melton & Melton, Dallas, Texas Miller & Lehman, Palmer, Texas O'QuilJ,u & La.mi.nuk, Houston, rex-as Osborne, Lowe, Helman
& Smith, Austin, Texas Porp & 􀁉􀁬􀁾􀁾􀁲􀁤􀀬 Austin, Texas Prager & Benson, Dallas, Teli;as Radat, Cam.l?bell, Fisher & Pyke, Dallas, Texas 􀁒􀁾􀁩􀁯 & fu.tio, Dallas, Texas Rogers &
Wright, D;l.llas, Texas Sapemon & Day, Buffalo, New York Suggs, Spra.dJ.ing f;L Associates, Irving, Tex;iS Thompson & Knight, Dallas, Texas Tobolowsky, Prager & Sc.h1inger, Dallas, 􀁔􀁥􀁥􀁸􀁾􀁳
Vernel', Liipfert, Bernhard-McPherson & Hand, Houston, Texas Vinson and Elkins, Houston, Texas Williws & Connoly, WashiJlgton, D.C. Wilshire, SCOtt and Dyer, Houston, TeXi1>S 􀁗􀁩􀁾􀀱􀁳􀁴􀁥􀁡􀁤􀀬
Sechrest & Minick, Dallas, Tex;l.s
04/05/2003 09:43 9724420729 BRIAN E SHULER PAGE 25/25 PARTIAL US! OF APPRAISAL AND CONSULTING ASSIGNMENTS Ad Valorem Tax Studies 􀁁􀁤􀁶􀁥􀁁􀀢􀁴􀁾􀁳􀀻􀁮􀁧 Sign Boards 􀀨􀁂􀁾􀁬􀀱􀁢􀁯􀀺􀁡􀀬􀁲􀀭􀁤􀁳􀀩
Analysis of Effects of Public Paving ProjectS on Abutting Properties Autom.obile Dealerships Component Depreciation Condemnation Damage Analyses related to natt+ral all,d man made disasters
Day Care Facilities Environmental 􀁃􀁯􀀩􀁽􀀬􀁴􀁾􀁪􀁮􀁬􀁬􀁴􀁥􀁤 Facilities Farms and R:mches Feasibility Studies· i.ndividual properties, office parks, industrial parks, etc. Waste Wa.ter
Treatment 􀁍􀁡􀁾􀀱􀁕􀁦􀁡􀀮􀁥􀁴􀁵􀁲􀁩􀁮􀁧 Plants Heavy 􀁉􀁮􀁤􀁜􀀫􀁾􀀮􀁲􀀻􀁩􀁡􀀱 Facilities Highest and Best Use Studies Historical Buildings Hotels and Motels Land Leasehold/leased Fee
Analyses Market Studies Multi-Family 􀁒􀁥􀁳􀁾􀁤􀁥􀁮􀁣􀁥􀁳 Nursing Homes Office Buildings Parking Lots R;l.i.1A"ouJ. o.nd Pipeline Corridors ReqeatiOllal and Park Properties Restaurants
Retail 􀁐􀁡􀀮􀁣􀁩􀀱􀁩􀁴􀁩􀁾􀁾 -free-standing and shopping centers mduding region;J m:Jls SanitRry Landfills Single Fwily Residences Special Purpose Properties -schools, churches, POSt
offices, etc. Subdi.visions Timbe.r Lands Townhomes and 􀁃􀁯􀁮􀁤􀁯􀁭􀁩􀁾􀁩􀁵􀁭􀁳 Wa.rehouses
LAW OFFICES GAY, MCCALL, ISAACKS, GORDON & ROBERTS A PROFESSIONAL CORPORATION 777 EAST 15TH STREET PLANo,TEXAS75074 972/424-8501 • FAX 972/424-5619 JOHN E. GAY SYDNA H. GORDON LEWIS
L. ISAACKS T + RACHEL L. KING MARCR. MAY * DAVID MCCALL+ WILLIAM J. ROBERTS + HEATHER A. SCHAEFER Mr. Robert Kiley 9608 Bill Brown Lane Dallas, Texas 75243 Ms. Emestine Bridges 2202
SchilTa 'Yay Mesquite, Texas 75150 Mr. Joe Pena 2808 Prescott CalTollton, Texas 75006 March 24,2003 T BOARD CERTIFIED -CNIL TRIAL LAW TEXAS BOARD OF LEGAL SPECIALIZATION * BOARD CERTIFIED
-FAMILY LAW TEXAS BOARD OF LEGAL SPECIALIZATION + ATTORNEY -MEDIATOR Re: Cause No. 03-01967-B; Town of Addison, Texas v. Absolute Systems, Ltd., 276 Trust and Menill Lynch Business Financial
Services, Inc. Our File No. 93516.03054 Dear Commissioners: Please be advised that the Special Commissioners hearing in the above matter previously scheduled for Friday, March 28, 2003
has been rescheduled for Wednesday, April 16, 2003 beginning at 2:00 p.m. The heming will still be held at the Addison Conference Centre Boardroom, at 15650 Addison Road, Addison, Texas
75001. If you have any questions, or need additional infonnation, please do not hesitate to call me. LLIIjbg
xc: Ms. Angela Washington Cowles & Thompson 901 Main Street, Suite 4000 Dallas, Texas 75202-3793 Mr. Bany Knight Winstead Sechrest & Minick 5400 Renaissance Tower 1201 Elm Street Dallas,
Texas 75270 Mr. Mark Hipes 7557 Rambler Road, Suite 260 Dallas, Texas 75231 Mr. Michael Murphy, P.E. Director of Public Works Town of Addison 16801 'Vestgrove Addison, Texas 75001
>1Ji r LAW OFFICES GAY, MCCALL, ISAACKS, GORDON & ROBERTS A PROFESSIONAL CORPORATION \I' 777 EAST 15TH STREET PLANO, TEXAS 75074 972/424-8501 • FAX 972/424-5619 ,, .-. -' [ ' JOHN E.
GAY SYDNA H. GORDON LEWIS L. ISAACKS T + RACHEL L. KiNG MARCR. MAY * DAVID MCCALL+ WILLIAM J. ROBERTS + HEATHER A. SCHAEFER Mr. Robeli Kiley 9608 Bill Brown Lane Dallas, Texas 75243
Ms. Emestine Bridges 2202 SchilTa Way Mesquite, Texas 75150 Mr. Joe Pena 2808 Prescott Can"ollton, Texas 75006 March 7,2003 T BOARD CERTIFIED -CIVIL TRIAL LAW TEXAS BOARD OF LEGAL SPECIALIZATION
* BOARD CERTIFIED -FAMILY LAw TEXAS BOARD OF LEGAL SPECIALIZATION + ATTORNEY -MEDIATOR Re: Cause No. 03-0l967-B; Town of Addison, Texas v. Absolute Systems, Ltd., 276 Dust and Menill
Lynch Business Financial Services, Inc. Our File No. 93516.03054 Dear Commissioners: Enclosed please find a copy of the Statement in Condemnation filed in the above cause. The Special
Commissioners hearing in this matter has been scheduled for Friday, March 28, 2003 beginning at at 9:30 a.m. The hearing will be held at the Addison Conference Centre Boardroom, at 15650
Addison Road, Addison, Texas 75001. If you have any questions, or need additional inf01111ation, please do not hesitate to call me.
Enclosure xc: Ms. Angela Washington Cowles & Thompson 901 Main Street, Suite 4000 Dallas, Texas 75202-3793 Mr. Ban}' Knight Winstead Sechrest & Minick 5400 Renaissance Tower 1201 Elm
Street Dallas, Texas 75270 Mr. Mark Hipes 7557 Rambler Road, Suite 260 Dallas, Texas 75231 Mr. Michael Murphy, P.E. Director of Public Works Town ofAddison 16801 Westgrove Addison, Texas
75001
SueEllen Fairley From: Sent: To: Subject: SEF, Michael Murphy Wednesday, March 12,20039:45 AM Sue Ellen Fairley FW: Parcel 8, Arapaho Rd Project (Absolute Systems) please reserve conf room
and place on my schedule ..... thanks -----Original Message-----From: Washington, Angela [mailto:awashington@cowlesthompson.com] Sent: Tuesday, March 11, 2003 2:16 PM To: 'mmurphy@ci.addison.tx.us'
Subject: RE: Parcel 8, Arapaho Rd Project (Absolute Systems) OK. The prep meeting is scheduled for 1:30 pm on March 24 at your office. You may have already spoken to Lewis Isaacks' office.
Will you reserve the conference room if you have not already? -----Original Message-----From: mmurphy@ci.addison.tx.us [mailto:mmurphy@ci.addison.tx.us] Sent: Monday, March 10, 2003
9:35 AM To: awashington@cowlesthompson.com Cc: schutchian@ci.addison.tx.us Subject: RE: Parcel 8, Arapaho Rd Project (Absolute Systems) Angela, We have a meeting with DWU for this Thursday.
But it does look like we may be only 3.5 feet away from the building. I would also recommend that we invite our consulting engineers (URS) and Mark Hypes to the prep meeting before we
go to hearing. -----Original Message-----From: Washington, Angela [mailto:awashington@cowlesthompson.com] Sent: Friday, March 07, 2003 11:27 AM To: Mike Murphy (E-mail); Steve Chutchian
(E-mail) Cc: DIPPEL, KEN Subject: Parcel 8, Arapaho Rd Project (Absolute Systems) I received a telephone call from Barry Knight asking to see the plans for the portion of the bridge
spanning the property. I told him that I did not think the plans were ready and that I or Lewis Issacks would get back with him. I know that he will want to see them before the hearing.
Please let me know when you think we can set him up to look at them. I will call Lewis Isaacks to let him know that the plans are being revised and ask that he attend when Barry views
them. If it does not appear that the plans will be ready and available a reasonable amount of time before the hearing on the 28th, we may have to reschedule it to give them an opportunity
to view and prepare. 1
No. TOWN OF ADDISON, TEXAS §§§§ n. §§ ABSOLUTE SYSTEMS, LTD., 276 TRUST§ AND MERRILL LYNCH BUSINESS § FINANCIAL SERVICES, INC. § 20a3 FEB 19 PM 2: 43 IN THE COUNTY COURT t.:UUN.!J CLERK
􀁏􀁁􀁌􀁌􀀯􀁪􀀬􀁾 COUNTY ATLAW,NUMBER 􀁾 DALLAS COUNTY, TEXAS STATEMENT IN CONDEMNATION TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, the TOWN OF ADDISON, TEXAS, a home mle City operating
under the laws of the State of Texas and files this its Statement in Condemnation and would respectfully show this Court as follows: 1. The Town of Addison, Texas files this action to
acquire a pemlanent easement in, over, under, across and through that certain 0.6709 acre portion of a 2.521 acre tract ofland, being Lot 6, Surveyor Addition, recorded in Vol. 79130,
Pg. 2496 in the Deed Records of Dallas County, cOlmllonlyknown as 4139 Centmion Way, in the Town ofAddison, Texas, and more fully described in Exhibit "A" attached hereto and incorporated
by reference herein as ifset forth at length, for the purpose ofconstlUcting those improvements necessary to provide for the realignment, extension aDd SlATEMENT IN CONvEMNATION G:··WORK'L1TSUP,IJ
B GJ:_DOMANc\ddlSon. Town of,Pctirion.wpd Pagel
improvement of Arapaho Road. The property is owned by ABSOLUTE SYSTEMS, LTD., a Texas Limited Partnership, which may be served with process by serving Mr. Gene Hanis, Vice President
of Juvat, Inc., its General Partner at 2309 West Parker Road, Plano, Texas 75023. ABSOLUTE SYSTEMS, LTD. acquired title to the property on or about July 2,2002, when it purchased the
property from 276 TRUST, a Trust organized and existing under the laws ofdle State ofTexas. In c01mection with that transaction, 276 TRUST retained an interest in the condemnation proceeds
as set f01th in that certain Condemnation Rights Reservation Agreement entered into between the parties on or about the above date. Therefore, 276 TRUST holds an interest in this property
and the proceeds from this proceeding, and is a neceSSaIy party to this proceeding. 276 TRUSTmay be served with process by serving its attomey, Bany Knight, who has agreed to accept
service. l\1ERRILL LYNCH BUSINESS FINANCIAL SERVICES, INC. holds a security interest in the abovepropeltyunderthat certain Deed ofTrust recorded in Vol. 2002131, Page 7475 of the Deed
Records of Dallas County, Texas, and may be served with process by serving its registered agent, Prentice Hall Corporation, 800 Brazos Street, Austin, Texas 78701. II. The City Council
of the TO\VN OF ADDISON, TEXAS has found and detennined that it is necessary to acquire a pennanent easement in, over, under, across, and through the above said tract of land (Exhibit
"A"), purSUaIlt to existing law, same to be paid for by said TOWN OF ADDISON, with title thereto vesting in the TOWN OFADDISON, for the purpose of acquiring STATEMENT IN CONDEMNATION
G,·WORkUTSUp·.IJ B GJO_DOMfdNAddison. Tn"-,, of..Pni,;on.wpd Page 2
the necessary right-of-way for the Arapaho Road Project through these proceedings in eminent doniain. Said Condeillilees shall retain the right to use that pOliion ofthe property taken
within the easement area and located under the elevated roadway, for the purposes ofparking, for ingress and egress, provided that such use does not interfere with the right ofthe City
to operate and maintain the roadway or otherwise endanger the health and safety of the public. III. That for the establishment, construction and operation ofthe said Arapaho Road Project,
it is necessary that Plaintiff acquire the pennanent easement in, over, under, across and through the above-described tract. Plaintiff and Condemnees have been unable to agree upon the
damages resulting from the taking of such propeli)' although Plaintiff has made an effOli to reach such an agreement, and in furtherance ofsaid effort, has made a fmn offer to purchase
the easement from the Condeillilees, which offer was rejected. FUliher negotiations would be futile. IV. That there has been conferred upon Plaintiffthe powers ofcondemning and acquiring
land as it is entitled to do under existing law, with title thereto vesting in the TOWN OF ADDISON, TEXAS. STATEMENT 􀁌􀁾 CONDEl\1NATlON G:WORK\LITSUPJ,I B GJ:::_DOMAINAddi'on, Tn\\'n
Of,Pclition,\\'pd Page3
PRAYER WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that tlrree disinterested freeholders of Dallas County, Texas, be appointed Special Commissioners as provided by law, to assess
the actual damages occasioned bythe acquisition ofthe property rights herein described; and prays for a Decree ofCondemnation, vesting title to the easement described in Exhibit "A"
attached hereto, in Plaintiff, that Plaintiffrecover its costs ofcourt, and for all other relief to which it may be entitled. Respectfully submitted, L . S CKS Texas Bar 10430300 GAY,
McCALL, ISAACKS, GORDON & ROBERTS 777 East 15th Street Plano, Texas 75074 Telephone: 972/424-8501 Telecopier: 972/424-5619 ATTORNEY FOR PLAINTIFF STATEMENT IN CONDEIvINATION G:'WORK'u..ITSUP.,I.l
B GIE_DOMAIN\Addisoll. Town of,Pctition,wpd Page4
Parcel 8 Field Note Description Arapaho Road Project Town of Addison Dallas County, Texas BEING a descript ion of a O. 6709 acre (29,223 square foot) tract of land situated in the W.H.
Witt Survey, Abstract Number 1609, and the David Myers Survey, Abstract Number 923, Town of Addison, Dallas County, Texas, and being a portion of a called 2.5212 acre tract of land conveyed
to Absolute Systems, Ltd. on July 8, 2002 and recorded in Volume 2002131, Page 07460 of the Deed Records of Dallas County, Texas, said called 2.5212 acre tract being all of 􀁾􀁌􀁯􀁴
6, Surveyor Addition, Addison West Industr ial Park", an addition to the Town of Addison, as evidenced by the plat dated March 29, 1979 and recorded in Volume 79130, Page 2495 of said
Deed Records, said 0.6709 acre tract of land be ing more particularly described by metes and bounds as follows; BEGINNING at a 1/2 inch iron rod found in the proposed North right of
way line of Arapaho Road and the South right of way line of a 100 foot wide railroad right of way as conveyed to Dallas Area Rap id Transit Property Acquisition Corporation (herein referred
to as DART) on December 27, 1990 and recorded in Volume 91008, Page 1390 of said Deed Records, said point being. the common Northeast corners of said called 2.5212 acre tract and "Lot
6, Surveyor Addition, Addison West Industrial Park", and Northwest corner of a called 3.4654 acre tract of land, 25% interest conveyed by Epina Properties Limited to 15101 Midway Road
Partners, LTD. on December 25, 1998 and recorded in Volume 98250, Page 02787 of said Deed Records, 75% interest conveyed by Lehndorff & Babson Property Fund to 15101 Midway Road Partners,
LTD. on December 25, 1998 and recorded in Volume 98250, Page 02796 of said Deed Records, said called 3.4654 acre tract being all of the Surveyor Addition, Addison West Industrial Park,
an addition to the Town of Addison, as evidenced by the plat dated October 24, 1978 and recorded in Volume 79029, Page 0984 of said Deed Records; THENCE, SOUTH 00°07'27" WEST (called
South 00°00°08'05" West), departing said lines and along the common East line of said called 2.5212 acre tract and West line of said called 3.4654 acre tract, a distance of 78.96 feet
to a 5/8 inch iron rod set in the proposed South right of way line of Arapaho Road; Page 1 of 3
PARCEL 8 -ARAPAHO ROAD PROJECT THENCE, NORTH 89°58'49" WEST, departing said common line and along the proposed South right of way line of Arapaho Road, a distance of 370. 10 feet to
an "X" in concrete set in the common West line of said called 2.5212 acre tract and East line of a called 1.776 acre tract of land conveyed to Michael B. Schiff on August 31, 1982 and
recorded in Volume 82172, Page ,2888 of said Deed Records, said called 1.776 acre tract of land being all of Intervest Companies Addition, an addition to the Town of Addison, as evidenced
by the plat dated October 29, 1982 and recorded in Volume 83017, Page 2268 of said Deed Records; THENCE, NORTH 00 0 05' 03" EAST (called North 00°08' OS" East), departing said 1 ine
and along the common West line of said called 2.5212 acre tract and East line of said called 1.776 acre tract, a distance of 78.95 feet to a 5/8 inch iron rod set in the proposed North
right of· way line of Arapaho Road Road and South right of way line of said DART railroad for the common Northwest corner of said called 2.5212 acre tract and Northeast corner of said
called 1.776 acre tract, from said point a found 1/2 inch iron rod bears North 00 ° 08 I 18" East, a distance of C'. 24 feet; THENCE, SOUTH 89°58'49" EAST (Called EAST), departing said
common line and along the common North line of said called 2.5212 acre tract, proposed North right of way line of Arapaho Road, and South right of way line of said DART railroad, . a
distance .of 370. 15 feet (called 370.00 feet) to the POINT OF BEGINNING; CONTAINING. an area of 0.6709 acres or 29,223 square feet of land within the metes recited. Page 2 of 3
:;:>. 50 a 25 50 100 􀁾􀀭􀁾 : 􀁾 .-J GRAPHIC SCALE 1 INCH = 50 FT. 􀁾􀁾􀁾􀀧􀀺 􀀺􀀺􀁾P:::: 􀀧􀁎􀀢􀀬􀁾􀁏 􀁾􀀱􀀱􀀡􀁾􀀻􀁾􀁾􀁾􀀱􀁜 DENOTES A 5/8" IRON ROD SET 􀁕􀁎􀁌􀁅􀁓􀁓􀀻􀁾􀀧􀀺􀀩􀁻􀀭 ..
􀁾􀀻􀁢􀀯􀀺􀀧 i'.. ..:::::{ OTHERWISE NOTED 'j"., f",. 􀀧􀀯􀀢􀁾􀀢􀁉􀁾􀁓 \""" ·'·,r' --PROPOSED RIGHT OF WAY UNE .If 􀀭􀀬􀁁􀁾􀁾 􀀻􀁾􀀮􀀬􀁾 􀁾 J􀀯􀀭􀀻􀀧􀁊􀁪􀀻􀁩􀀧􀀻􀁾􀀿 􀁾 LOT 6 SURVE YOR
ADDITION ADDISON WEST INDUSTRIAL PARK MARCH 29. 1979 VOL. 79130. PG. 0'-495 DR.D.C.T. MICHAEL B. SCHIFF AUGUST 31. 1982 VOL. 82172, PG. 2888 D.R.D.G.T. INTERVEST COMP ANIE 5 ADDITION
OCTOBER 29, 1982 VOL. 83017, PG. 2268 D.R.D.C.T. LEGAL DESCRIPTION OF EVEN SURVEY DATE HEREWITH :COMPANIES THIS PLAT. _L BEARINGS ARE REFERENCED TO THE NORTH RIGHT OF WAY 'IE OF CENTURION
WAY. CALLEDS 89'51'55" E, ACCORDING TO iE 􀁾􀀧􀀧􀁉􀁬􀁁􀁌 PLAT OF LOT 3, SURVEYOR ADDITION, RECORDED IN JL ',73, PAGE 135. D.R.D.C. T. OTES: _L EASEMENTS SHOWN ARE TAKEN FROM THE PLATS
INDICATED ::REON. THE SURVEYOR DID NOT ABSTRACT THE SUBJECT 􀁾􀁏􀁐􀁅􀁒􀁔􀁙 SO ALL EASEMENTS MAY NOT BE .SHOWN. 􀀬􀁾􀀭􀀮 hI:' 􀀭􀀭􀀭􀀭􀂷􀀭􀂷􀁾􀂷􀂷􀀭􀀭􀀭􀂷􀀭􀀢􀀭􀂷􀀭􀀭􀂷􀀭􀀭-'r--·-􀂷􀀭􀀭􀀬􀂷􀀮􀀮􀀭􀂷􀀬�
�􀀭􀀭􀁾􀁾􀀭􀀭􀀭􀁉􀂷 􀀮􀁉􀀱􀁾􀀽􀀽􀀭􀀽􀀭􀀧􀀧􀀺􀀧􀀧􀀺􀀺􀀧􀀽􀀧􀀧􀀺􀀺􀀧􀀽􀁾􀀽 􀁾􀀧􀀧 ._.. _._, _.. _.. 'n􀁾••􀁾􀀮􀁟􀁾􀀧􀀺􀀺􀀺􀁨􀀮􀀺􀀮􀀮􀀮􀀮􀀮􀀮􀀻􀀮􀀻􀀮􀀻􀀮􀀮􀀺 􀁲􀁾􀀬􀀮􀀬􀀮􀁾􀀬􀀢􀀢􀀧􀀮􀁾􀁾􀁾􀁾􀀱􀀽􀀺􀁯􀀮􀀮
􀀺􀀻􀀻􀀻􀀺􀀮􀀭􀀭􀀽􀀭􀀧􀁾􀀭.. 􀁟􀀬􀀭􀀭􀀺􀁣􀀵􀀮􀀺􀁂􀀮􀁾 E" W 'I' ! . 30' WATER 􀁅􀁁􀁓􀁅􀁍􀁅􀁎􀁔􀁾 .."",r I . t: 􀁾 I '/PEl ' Pili :g"'.! 􀀭􀀭􀁾􀀭􀀭􀀭􀀭􀀭 -------.i-"'t--·' -"--------------------1·.
. 􀁴􀁩􀂷􀁾􀂷􀀧􀀭􀁲􀁾􀁬􀀧􀂷􀀢􀁾􀂷􀀭􀀧􀀭 " 􀀭􀀭􀁐􀁒􀁑􀁦􀀱􀀮􀁑􀁓􀁾􀁄􀀭􀁁􀁒􀁁􀁒􀁁􀁍􀁏􀀭􀁒􀁏􀁁􀁄􀀭􀀭􀀭􀀭􀀭..-.. -----..􀂷􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀢􀁾􀀧􀁾􀀺􀀺􀀺􀁬􀀭􀀭􀁾􀀭􀁾􀀮􀁾􀀬􀁾􀁌􀀭􀀭􀀭􀂷 ..
----·------T------. ..,:'_c.:;, 􀁾􀁯 1;1 i' 50' DRAINAGE CHANNEL';···· '." .. ' i'! §o ' ".,,'" ---'" 􀁾••".. L JZ,􀁜􀁩􀁲􀁄􀀺􀀺􀀺􀀺􀁾􀁳􀀱􀀽􀀺􀀮􀁾􀁾􀁾􀀺􀁾􀀽􀀽􀁾􀀽􀁾􀁟􀀺􀁾􀀻􀀺􀀺􀀽􀁾􀀻
􀀬􀁦􀁌􀁴􀁾 -, , _ ,c. mER5. LID. ::J DE CE Mee:R 2.5. 1998 >-1 VOL. 98250.' PG. 02787 (25% INTE RE 5T) 􀁾 VOL. 98250. PG. 02796 (75% INTEREST) 􀁾 D.R.D.C.T. VII CALLED 2.5212 AC. LOT
4 W ABSOLUTE SYSTEMS, LTD SURVE YOR ADDITION I;;: JULY B, 2002 ADDIS ON WE ST :::;1 VOL 2002131, PG. 7460 INDUSTRIAL PARK § D.R.D.C.T. DECEMBER 26. 1978 '" VOL. 79029. PG. 0984 8:: D.R.D.C.
T. <: PARCEL 8 A PLAT OF A 0.6709 ACRE (29,223 SQ. FT.) TRACT OF LAND IN THE W.H. WITT SURVE Y ABSTRACT NO. 1609 & DAVID MYERS SURVE Y ASS TRACT NO. 923 TOWN OF ADDISOI'l DALLAS COUNTY.
TE XAS
MWIt&iQ;i.lil 4I:1:.':• .IIliI•••• ,iSiWii.l.i 􀁬􀀮􀁬􀁥􀁬􀁾••􀁪􀀮􀁾􀀧􀀮􀁩􀁊􀁬􀁰􀀮􀁮 PEB, -18' 03 (TUE) I 2: 16 TEL:972 422 9322 GAY, ML:CALL, ISAACKS, GORDON & ROBERTSl p.e. 􀁁􀁔􀁔􀁏􀁒􀁎􀁾􀁙􀁓
ANn 􀁃􀁏􀁕􀁎􀁓􀁉􀁾􀁌􀁏􀁒􀁓 p, 001 JOHN I:. (,AY SYDNA 1'1. COR DON LEWIS L. ISAACKS'" ItACHEL KING MARC MAY DAVID II McCALL' K.ELLI ROACH WILLIAM.I. ROBERTS" HEATHJ::R SCIIAI:FBR DATB:
777 EAST 15'1'1" 􀁾􀁔􀁒􀁉􀁾􀁅􀁔 PLANO, TEXAS 75lJ74 lJ72/42·l·850 I ,',A111I11l.:y·McdialLw VA X: IJ7:2/424·56 19 FAX: 97:214:2::1·9)22 • Buard C<.'l1ilicd Civil Trill! Lnw T􀁾􀁸􀁵􀁾
BUllrd of Leg;)l 􀁓􀁉􀀧􀁾􀁌􀀧􀁩􀁬􀁬􀁬􀁩􀁺􀁬􀁬􀁬􀁪􀁏􀁉􀁜 02/18/03 TIMI:: 11:45 􀁾􀀮􀀱􀁬􀀱􀀮 FACSlMlLE MESSAGE Co.YER SHEET Following ill/arc :1 plIge(s) including this cover. If any part
of this message is missing or received 􀁰􀁯􀁯􀁲􀁬􀁹􀁾 pleRse call the sender as !loon as possible. P.LEASE DELIVER UPON RECEIPT TO: Micbltel Murphy Steven Z. Cbdtchian Luke A. Jalbert
FR: Lewis Isaacks FAX NO. 972-450-2837 RE: Town of AddisonIParcel8 condemnation MESSAGE: CONFIDENTIALITY NOTICE Tbe information contllined In this facsimUe message and documents accompanying
same Ilrc legaUy privileged and conndcnthtl informntlon Intended only for the use oftbe individual or entity named herein. Ifthc reader oftbis messllge is not the Intended recipient,
you nrc hcreby notified tbat Any dissemination, distribution or copy of this telecopy is strictly prohibited. If you have received this tclecopy in error, P'CIUilc immediately notify
us by telephone and return the original message to Uli at the addrcss above via the United States Postal Service. Tbank you.
i:ll=Mt:• .fItltICMIM FEB, -]8' 03(TUE) 12: 16 TEL: 972 422 9322 P.002 g 'If' BOARD CF;Il'I"I1iIW -CIVil. TRIAL LAW Tr.)(AS 60AIII) 01' I-I!"AI. S"nCIAlIZA1'![)N +-A'M'OllNI!Y • MP.DIATOIl
􀀬􀁾 BOAR!) CERTIFIED· PM,'1I1.Y LAW TEXAS BOAII)) OT' LP.GAl SPC;C'"I-I'lATION February 18, 2003 777 EAST 15TH STllel!:T PLANO, 􀁔􀁉􀁾􀁘􀁁􀁓 75074 972/424-R50 I • 􀁉􀁾􀁁􀁘 972/424-56
J9 LAW OFFICr::S GAY, MCCALL, ISAACKS, GORDON & ROBERTS A 􀁐􀁒􀁏􀁆􀁦􀀮􀁓􀁓􀀱􀀰􀁾􀁁􀁌 COI1\'IlRATION JOHN TI. GtIY SVI)NA 1-1. C;OROON 􀁌􀁉􀀻􀁗􀁉􀁾 L. 􀀱􀁾􀀱􀁜􀁴􀁜􀀼􀀺􀀢􀁳 'If'+ RACHEL
L. 􀁋􀁉􀁾􀁵 MAile R. MAY 􀁾􀀬 DAVID Mc:CALI.+ WII.L1AM.I. 􀁒􀀨􀁬􀁮􀁲􀁭􀁾 + I-It::AI'lilil( A. 􀁾􀁾􀁉􀁉􀁁􀁲􀀮􀁲􀁮􀁒 VIA FACSIMILE NO. 972-450-2837 􀁍􀁩􀁣􀁢􀁾􀁥􀁬 􀁾􀀮 Ml1l'phy, P.E, Steven
Z Ch\.ltchial1, P.E. Luke A. Jalbel1, Project Mnl1l1gcr P. O. Box 9010 Addisnn, TexLls 7500J -90J (I Re: Town or Addison v. 􀁁􀁢􀁳􀀨􀁬􀁬􀁌􀁬􀁬􀁾 Systems, Ltd., et l'll; OUI' Pi Ie 'N
d. 935 J 6.03054 Gentlemen: We m-e filing rhe Statement in CondemnAtion on 􀁐􀁩􀁬􀁲􀀨􀀺􀁾􀀱 8 or the Arapaho Road Project. PIeHse advise me ifMnrch 5, 2003 is nv,lill1ble on yOllr 􀁳􀁣􀀺􀁨􀁾􀁤􀁵􀁬􀁥
for 􀁴􀁨􀁾 Commissioners' hearing. 1r so, we will plall on proceeding 011 thll! dale. I will btl in wntnct with you pdono tllln c1lne to alTUnge 11 time to come ovor und prepare Jiw
the hetlling. Tn thElt connecrlon, plel.'lsc [jdvise me i'" 􀁗􀁾 huve uel'ial photogmphs showing the propel1y. As always, ShOLIId you hClVC 􀁾􀁮􀁹 questions or Deed to discuss 􀁴􀁨􀁩􀁾
mutter. please do not hesitate tn contact I11C. LLJ/jbg
,gSd 􀁾􀁾 1978-2003 JOHN M.HILL 214.672.2170 JHILL@COWlESTHOMPSON.COM VIA HAND DELIVERY COWLES &THOMPSON A Professional Corporation ATTORNEYS ANO COUNSELORS January 29, 2003 Mr. William
M. Blackburn Attorney and Counselor 9400 North Central Expwy., Suite 1616 Dallas, Texas 75231 RE: Town of Addison I Public Storage of Dallas, Ltd. Dear Bill: Enclosed are three (3) execution
copies of the Contract of Sale between the Town of Addison and Public Storage of Dallas, Ltd. I would appreciate it if you would have the copies signed by Public Storage and then return
the copies to me. I will then forward them to Addison for signature, and once signed will return to you a fully executed copy. I mentioned that I would send to you copies of the Title
Commitments for each of the parcels. However, I am waiting on a revised copy of each Commitment from the Title Company, which I expect to receive today or tomorrow; once I receive it,
I will forward a copy to you. Please give me a call if you have any questions or comments. Very truly yours, /" ..􀁾􀁾 JMHlyjr Enclosures cc: Mr. Mike Murphy Mr. Ken Dippel D ALL A S
Document # 1037737 T Y L E R 901 MAIN STREET SUITE 4000 DALLAS, TEXAS 75202·3;93 TEL 214.672 2000 FAX 214.672 2020 WWW.COWLESTHOMPSON.COM
CONTRACT OF SALE This Contract of Sale ("Contract") is made and entered into by and between Public Storage of Dallas, Ltd. ("Seller"), a Texas limited partnership, and the Town of Addison,
Texas ("Buyer"). ARTICLE I Defined Terms 1.1 Definitions. As used herein, the following terms shall have the meanings indicated: "Closine" means the consummation of the purchase of the
Property by Buyer from Seller in accordance with Article VII. "Closine Date" means the date specified in Section 7.1 on which the Closing is to be held. "Deed" means the Special Warranty
Deed executed by Seller in favor of Buyer, substantially in the form attached hereto as Exhibit C. "Temporary Construction Easement" means the Temporary Construction Easement executed
by Seller in favor of Buyer, substantially in the form attached hereto as Exhibit D.. "Easement Area" means those certain tracts of land described in Exhibit B, attached hereto, which
property shall be used temporarily for construction purposes (and identified in the said Exhibit B as Parcel 12-TE and Parcel 13-TE) pursuant to and in accordance with the Temporary
Construction Easement. The exact metes and bounds description of the Easement Area shall be determined by the Survey. "Effective Date" means the date on which Buyer and Seller have both
fully executed this Contract, including, if appropriate, the initials of the parties on any counter-offers proposed by either party. "Permitted Exceptions" means, with respect to the
Property and the Easement Area, all validly existing and presently recorded public utility easements, all exceptions reflected in either the Surveyor the Title Commitment (or both) to
which Buyer does not timely object under Section 5.3 of this Contract or which are waived or deemed waived by Buyer under Section 5.4, and as otherwise defined herein; provided, however,
that notwithstanding the foregoing, or any other term or provision of this Contract to the contrary, Seller agrees that (i) liens, leases, or rental agreements on or affecting the Property
and the Easement Area are not Permitted Exceptions, and shall be removed, cured or bonded around by Seller at or prior to Closing to Buyer's satisfaction and at Seller's sole cost and
expense and (ii) the requirements of Schedule C of the Title Commitment shall in no event be deemed to have been waived. "Property" means those certain tracts of land situated in the
Town of Addison, Dallas County, Texas, described by metes and bounds in Exhibit A attached hereto and incorporated herein (and identified in the said Exhibit A as Parcel 12 and Parcel
13), together with all buildings, facilities. or other structures or improvements, including, without limitation, fixtures, presently situated Contract of Sale -Page 1 of 12
thereon and all priyileges,rights, easements, hereditaments and other rights appurtenant thereto. The exact metes and bounds description of the Property shall be determined by the Survey.
"Purchase Price" means the total consideration to be paid by Buyer to Seller for the purchase of the Property as set forth in Section 3.1. "Remainine Property" means the real property
described in Exhibit E save and except the Property. "Survey" means the Survey as described in Section 5.2. "Title Company" means Republic Title of Texas, Inc., 2626 Howell St., 10th
Floor, Dallas, Texas 75204-4064. 1.2 Other Defined Terms. Certain other defined terms shall have the respective meanings assigned to them elsewhere in this Contract. ARTICLE II Aereement
of Purchase and Sale 2.1 Aereement. On the terms and conditions stated in this Contract, Seller hereby sells and agrees to convey the Property and the Easement Area to Buyer, and Buyer,
in consideration of the performance of the agreements of Seller contained in this Contract and and in reliance on the representations and warranties of Seller contained in this Contract
and subject to the conditions precedent contained in this Contract, hereby agrees to purchase the Property and the Easement Area from Seller. 2.2 Inspection Period. For a period of 30
days from and after the Effective Date (the "Inspection Period"), Buyer shall have the right to enter upon the Property and to conduct such inspection and review of the Property as Buyershall
determine to be necessary. Buyer agrees to indemnify and hold harmless Seller, its tenants and employees from and against any and all injuries, losses, liens, claims, judgments, liabilities,
costs, expenses or damages sustained by or threatened against Seller which result from or arise out of Buyer's inspection or review of the Property; provided, however, that such indemnity
and hold harmless is given by Buyer subject to and without waiving any immunity or any defense to which Buyer, its officials, officers, employees or agents are or may be entitled; and
further, the parties hereto agree that such indemnity and hold harmless is subject to, and any payment by Buyer in connection with such indemnity and hold harmless shall not exceed,
the monetary limitation of damages (for municipalities) set forth in the Texas Tort Claims Act (Chapter 101, Tex. Civ. Prac. & Rem. Code). In the event the sale of the Property is not
consummated, Buyer shall restore, or cause to be restored the Property to as near the condition thereof existing prior to any entry by Buyer, its agents, employees, contractors or representatives,
normal wear and tear excepted. In the event the inspection and review of the Property does not meet with Buyer's approval, in Buyer's sole discretion, Buyer may at any time within the
Inspection Period terminate this Contract by giving written notice to Seller of such election. ARTICLE III Purchase Price Contract of Sale -Page 2 of 12
3.1 Purcbase PriGe. The Purchase Price for the Property and the Easement Area to be paid by Buyer to Seller is One Million Five Hundred Eighty-Three Thousand Two Hundred Ten and No/100
Dollars ($1,583,210.00). The Purchase Price is payable by Buyer in cash (subject to prorations and other credits provided for in this Contract) at Closing. ARTICLE IV Representations,
Warranties and Covenants 4.1 Seller's Representations and Warranties. Seller makes the following representations and warranties: (a) Seller is a limited partnership duly organized, validly
eXlstmg and in good standing under the laws of the State of Texas and Seller has the full right, power, and authority to sell and convey the Property and the Easement Area as provided
in this Contract and to carry out Seller's obligations hereunder, and all requisite action necessary to authorize Seller to enter into this Contract and to carry out its obligations
hereunder has been, or by the Closing will have been, taken; (b) Seller has not received notice from any governmental or quasi-governmental agency requiring the correction of any condition
with respect to the Property or the Easement Area, or any part thereof, by reason of a violation of any federal, state, county or city statute, ordinance, code, rule or regulation or
stating that any investigation is being commenced or is contemplated regarding any of the foregoing; (c) There are no leases, licenses or other agreements or obligations to which Seller
is a party or by which Seller, the Property, or the Easement Area is bound which affect or may affect the Property or the Easement Area or the use thereofby the Buyer; (d) Seller has
not itself, and to the best of Seller's knowledge no prior owner or current or prior tenant or other occupant of all or any part of the Property or the Easement Area at any time has
used or deposited Hazardous Materials (hereinafter defined) on, from, or affecting the Property or the Easement Area in any manner that violates federal, state, or local laws, ordinances,
orders, policies, rules, standards, or regulations (and including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act, the Superfund Amendment
and Reauthorization Act, the Resource Conservation Recovery Act, the Federal Water Pollution Control Act, the Federal Environmental Pesticides Act, the Clean Water Act, the Clean Air
Act, and all so-called federal, state and local "superfund" and "superlien" statutes) governing or regulating the use, storage, treatment, transportation, generation, or disposal of
Hazardous Materials (collectively, the "Environmental Laws") and to the best of Seller's knowledge no Hazardous Materials have been disposed of on the Property or the Easement Area.
"Hazardous Materials" shall mean and include those elements or compounds which are contained in the list of Hazardous Substances adopted by the United States Environmental Protection
Agency and the list of toxic pollutants designated by Congress or the Environmental Protection Agency, and any flammable substances, explosives, radioactive materials, hazardous waste,
toxic substances, pollutants, pollution or related materials regulated under any of the Environmental Laws; (e) No work has been performed or is in progress at, and no materials have
been furnished to, the Property or the Easement Area which, though not presently the subject of, might Contract of Sale -Page 3 of 12
give rise to, mech¥1ics', materialmen's or other liens against the Property or the Easement Area or any portion thereof. .If any lien for such work is filed before or after Closing hereunder,
Seller shall promptly discharge the same. (f) Neither the Property nor the Easement Area, nor any part of the Property or the Easement Area, is subject to or the subject of any litigation,
or other legal or administrative proceeding to which Seller is a named party, and Seller has no actual knowledge of any facts which might result in any such litigation or proceedings
and no actual knowledge of any litigation or other legal or administrative proceeding involving the Property or the Easement Area. 4.2 Buyer's Representations and Warranties. Buyer has
the full right, power, and authority to buy the property as provided in this Contract and to carry out Buyer's obligations hereunder, and all requisite action necessary to authorize
Buyer to enter into this Contract and to carry out its obligations hereunder has been, or by the Closing will have been, taken. 4.3 "AS IS". TO INDUCE SELLER TO ENTER INTO THIS CONTRACT,
BUYER ACKNOWLEDGES AND AGREES THAT, EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS ARTICLE IV, AND EXCEPT FOR SELLER'S WARRANTY OF TITLE IN SELLER'S SPECIAL WARRANTY DEED AND TEMPORARY
CONSTRUCTION EASEMENT, THE PROPERTY AND EASEMENT AREA SHALL BE CONVEYED AND TRANSFERRED TO BUYER"AS IS, WHERE IS, AND WITH ANY AND ALL FAULTS AND PATENT AND LATENT DEFECTS", AND SELLER
HAS NOT MADE, DOES NOT MAKE, AND SPECIFICALLY DISCLAIMS, ANY REPRESENTATION, PROMISE, COVENANT, AGREEMENT, GUARANTY OR WARRANTY OF ANY KIND OR CHARACTER,EXPRESS OR IMPLIED, OR ARISING BY OPERATION OF LAW, AS TO THE QUANTITY, QUALITY, CONDITION, SUITABILITY, HABITABILITY, OR FITNESS OF THE PROPERTY AND EASEMENT AREA FOR ANY PURPOSE WHATSOEVER,
INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION REGARDING SOIL CONDITIONS, AVAILABILITY OF UTILITIES, DRAINAGE, ZONING LAWS, ENVIRONMENTAL LAWS, OR ANY OTHER FEDERAL, STATE OR LOCAL
STATUTES, CODES, REGULATIONS OR ORDINANCES. BUYER ALSO ACKNOWLEDGES AND AGREES THAT THE PROVISIONS IN THIS CONTRACT FOR BUYER'S INSPECTION AND INVESTIGATION OF THE PROPERTY AND EASEMENT
AREA ARE ADEQUATE TO ENABLE BUYER TO MAKE BUYER'S OWN DETERMINATION WITH RESPECT TO THE SUITABILITY OR FITNESS OF THE PROPERTY, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO SOIL CONDITIONS,
AVAILABILITY OF UTILITIES, DRAINAGE, ZONING LAWS, ENVIRONMENTAL LAWS, AND ANY OTHER FEDERAL, STATE OR LOCAL STATUTES, CODES, REGULATIONS OR ORDINANCES. BUYER ACKNOWLEDGES THAT THE DISCLAIMERS,
AGREEMENTS AND OTHER STATEMENTS SET FORTH IN THIS PARAGRAPH ARE AN INTEGRAL PORTION OF THIS CONTRACT AND THAT SELLER WOULD NOT AGREE TO SELL THE PROPERTY AND CONVEY THE EASEMENT AREA
TO BUYER FOR THE PURCHASE PRICE WITHOUT THE DISCLAIMERS, AGREEMENTS AND.OTHER STATEMENTS SET FORTH IN THIS PARAGRAPH. BUYER FURTHER ACKNOWLEDGES THAT BUYER IS NOT IN A DISPARATE BARGAINING
POSITION WITH RESPECT TO Contract of Sale -Page 4 of 12
SELLER. THE 􀁐􀁊􀁾􀀮􀁏􀁖􀁉􀁓􀁉􀁏􀁎􀁓CONTAINED IN THIS PARAGRAPH SHALL SURVIVE THE CLOSING HEREUNDER AND THE DELIVERY FROM SELLER TO BUYER OF THE SPECIAL WARRANTY DEED AND THE TEMPORARY
CONSTRUCTION EASEMENT, EACH OF WHICH SHALL CONTAIN APPROPRIATE "AS IS" LANGUAGE SIMILAR TO THE FOREGOING. ARTICLE V Survey and Title 5.1 Title Commitment; Exception Documents. Within
10 days after the expiration of the Inspection Period, Buyer, at Buyer's expense, shall obtain a commitment for title insurance (the "Title Commitment") for the Property issued by the
Title Company, along with copies of the instruments that create or evidence all title exceptions affecting the Property. With regard to the standard printed exceptions and other common
exceptions generally included in the Texas fonn of Commitment for Title Insurance: (i) the exception for restrictive covenants shall be deleted, (ii) the exception for area and boundaries
shall be annotated to show that upon receipt by the Title Company of a satisfactory survey and payment of premium by Buyer, the exception will at Closing be limited to "shortages in
area", (iii) the exception for ad valorem taxes shall reflect only taxes for the then current year and subsequent years and subsequent taxes and assessments for prior years due to change
in land usage or ownership, (iv) there shall be no exception for "visible and apparent easements," for "public or private roads" or the like, and (v) there shall be no exception for
rights of parties in possession or rights of tenants under any unrecorded leases or rental agreements. 5.2 Survey. Buyer has heretofore obtained a survey of the Property and the Easement
Area, a true and correct copy of which has been provided to Seller. Within 20 days after the Effective Date, Buyer may obtain, at its expense and as Buyer deems necessary, a new surveyor
an updated survey of the Property and the Easement Area (the existing surveyor the new or updated survey being referred to as the "Survey"). Such Survey may include thereon such infonnation
as the Buyer deems appropriate or necessary. 5.3· Review of Title Commitment. Survey. and Exception Documents. Buyer shall have ten (10) days after receipt of the last of the Title Commitment
and the Survey (the "Title Review Period") in which to give notice to Seller specifying Buyer's objections to one or more of the Title Commitment, the Survey, and the items or instruments
described in Section 5.1 (the "Objections"), if any. All items set forth in the Title Commitment as being required to be released at or prior to Closing, or that are requirements that
must be satisfied or the Title Company will refuse to cover them, shall not be Pennitted Exceptions, whether or not objected to by Buyer. Seller covenants to cure all matters listed
in Schedule C of the Title Commitment so that none will be Pennitted Exceptions. None of the exception items described in Section 5.1 above shall be Pennitted Exceptions except as described
in Section 5.1, whether or not objected to by Buyer. Other items set forth in the Title Commitment which are not objected to by Buyer shall be deemed Pennitted Exceptions. 5.4 Seller's
Obligation to Cure; Buyer's Rigbt to Terminate. If Buyer notifies Seller of Objections, then Seller shall, within ten (10) days thereafter (the "Cure Period"), either satisfy the Objections
at Seller's sole cost and expense, or promptly notify Buyer in writing of the Objections that Seller cannot or will not satisfy at Seller's expense. If Seller fails or refuses to Contract
of Sale -Page S of 12
satisfy any Objections within the Cure Period, then Buyer as its sole remedy has the option of 􀁾􀀭 either (i) waiving the unsatisfied Objections, or (ii) terminating this Contract in
which event Seller and Buyer shall have no further obligations, one to the other, with respect to the subject matter of this Contract. Buyer's written election to terminate this Contract
shall be given to Seller no later than five (5) days after expiration of the Cure Period. Buyer's failure to timely send notice of its termination of this Contract will be deemed an
election of subsection (i) above. 5.5 Title Policy. At the Closing, Buyer, at Buyer's sole cost and expense, shall cause a standard Texas owner's policy of title insurance (the "Title
Policy") to be furnished to Buyer. The Title Policy shall be issued by the Title Company in the amount of the Purchase Price, and insuring the Buyer an indefeasible fee simple title
to the Property. The Title Policy may contain only the standard printed exceptions (except that (i) the the restrictive covenants shall be endorsed "None of Record", and (ii) Buyer,
at its expense, may cause the Title Company to delete all portions of the survey exception except "shortages in area") and the Permitted Exceptions. ARTICLE VI Conditions to Buyer's
Oblieations 6.1 Conditions to Buyer's Oblieations. The obligations of Buyer hereunder to consummate the transaction contemplated hereby are subject to the satisfaction, as of the Closing,
of each of the following conditions (any of which may be waived in whole or in part in writing by Buyer at or prior to the Closing): (a) All representations and warranties of the Seller
shall be true on and as of the Closing Date; and (b) The Property, the Easement Area or any part thereof, shall not have been and shall not be threatened to be materially or adversely
affected in any way as a result of litigation, any action by the United States or any other governmental authority, flood or act of God; and (c) Buyer has received the Title Policy.
ARTICLE VII Closine 7.1 Date and Place of Closine. The Closing shall take place in the offices of the Title Company. The Closing Date shall be 45 days after the expiration of the Cure
Period, unless such date is a Saturday, Sunday or legal holiday, in which event the Closing Date shall be the next business day. 7.2 Items to be Delivered at tbe Closine. (a) Seller.
At the Closing, Seller shall deliver or cause to be delivered to Buyer, at Seller's sole cost and expense (except as otherwise expressly provided in this Contract), the following items:
(i) The Deed, duly executed and acknowledged by Seller, subject only to the Permitted Exceptions; Contract of Sale -Page 6 of 12
(ii) _. The Temporary Construction Easement, duly executed and acknowledged by Seller; (iii) An affidavit, in form acceptable to Buyer, in compliance with Section 1445 of the Internal
Revenue Code of 1986, as amended, and any regulations promulgated thereunder, stating under penalty of peIjury the Seller's United States identification number and that Seller is not
a "foreign person" as that term is defined in Section 1445; provided, however, that if Seller fails to deliver this affidavit, Buyer shall be entitled to withhold from the Purchase Price
and pay to the Internal Revenue Service the amounts required by Section 1445, and applicable regulations promulgated thereunder; (iv) A "Bills Paid Affidavit" on the Title Company's
standard form verifying that there are no unpaid bills or claims for labor performed or materials furnished to the Property or Easement Area prior to the Closing, and by which Affidavit
Seller indemnifies and holds Buyer harmless from any loss, liability, cost or expense (including, without limitation, attorneys' fees and court costs) of Buyer resulting from or incident
to claims against the Property or Easement Area for any matter; (v) Sufficient evidence that the sale of the Property and the execution of the Temporary Construction Easement has been
approved in accordance with the terms of Seller's governing documents and that the person executing the Deed, the Temporary Construction Easement and any other closing documents on behalf
of Seller is duly authorized by Seller to do so; (vi) Such other documents as the Title Company may request in order to close this Contract and issue the Title Policy (including, without
limitation, such affidavits as the Title Company may reasonably request in order that the Title Policy will not contain exceptions for parties in possession or tenants in possession
under unrecorded leases, or to the extent necessary to determine that the Seller is not the same individual as may be identified in any abstracts of judgment, bankruptcy filings, that
there are no unpaid debts for work that has been done or materials furnished in connection with the Property and that there are no unrecorded mechanic's or materialmen's liens upon the
Property, etc.). (b) Buyer. At the Closing, Buyer shall deliver to Seller: (i) The Purchase Price; and (ii) Resolutions of Buyer authorizing this transaction; and (iii) Such other documents
as the Title Company may request in order to close this Contract and issue the Title Policy. 7.3 Adjustments at ClosinK. Seller has and shall assume the obligation to pay property taxes
and assessments for the current year 2003 through the Closing Date only. 7.4 Possession at ClosinK. Possession of the Property shall be delivered to Buyer by Seller at the Closing. In
connection therewith, Seller shall cause each person (whether an individual or Contract or Sale -Page 7 of 12
a business entity) <lccHpying the Property (whether pursuant to a lease or otherwise) to vacate the Property or any part thereof and to remove all personal property therefrom. Possession
of the Easement Area shall be provided by Seller to Buyer as set forth in and in accordance with the Temporary Construction Easement. 7.5 Costs of Closin2. Buyer shall pay all recording
fees attributable to the transfer of title to the Property. Buyer and Seller shall split the closing or escrow fees of the Title Company. Each party shall pay its own attorneys' fees
and expenses incurred in negotiating, preparing and closing the transaction contemplated herein. ARTICLE VIII Defaults and Remedies 8.1 Seller's Defaults; Buyer's Remedies. If Seller
defaults under this Contract, Buyer may, as Buyer's sole option, do anyone of the following: (i) tenninate this Contract by written notice delivered to Seller on or before the Closing
Date; or (ii) enforce specific perfonnance of this Contract against Seller requiring Seller to convey the Property and the Temporary Construction Easement to Buyer. Buyer shall also
be entitled to pursue condemnation of the Property and the Easement Area. 8.2 Buyer's Default; Seller's Remedies. In the event that Buyer should fail to consummate the transaction contemplated
herein for any reason, except default by Seller or the nonsatisfaction of any of the conditions to Buyer's obligations, set forth herein, Seller, as its sole and exclusive remedy, may
either: (i) tenninate this Contract by written notice delivered to Buyer on or before the Closing Date; or (ii) sue Buyer to enforce specific perfonnance of this Contract. ARTICLE IX
Post-Closin2 Obli2ations 9.1 Arapabo Road Construction. The Property and the Easement Area are being purchased and acquired by Buyer for the purpose of the extension of and the construction
of improvements to Arapaho Road and for other public purposes (the "Arapaho Road Improvements"). In connection with the construction ofthe Arapaho Road Improvements: (a) The Town of
Addison shall construct or cause to be constructed a security wall or barrier constructed generally of masonry material (such as stone, brick, concrete, hollow-tile concrete-block, gypsum-block,
or other similar building units or materials or a combination of the same) and iron at least eight (8) feet in height (the "wall") to serve as a buffer between the Property and the Remaining
Property. The wall (together with a security gate as shown on the attached Exhibit F) shall be constructed in accordance with the standards of the Town of Addison. Such wall shall be
constructed on the Remaining Property and adjacent to the Property, and shall generally extend the length of the common boundary between the Property and the Remaining Property. A general
description and depiction of the location of the wall is shown on Exhibit F attached hereto and incorporated herein. The elevation and design of the wall shall be submitted by the Town
of Addison to the Seller for the Seller's review and reasonable approval prior to construction. As a part of the construction of the wall and upon the completion of construction and
the acceptance thereof by the Town of Addison and the Seller, the Town shall obtain from the contractor a maintenance bond covering the faithful maintenance Contract of Sale -Page 8
of 12
of the contractor's_werk for a period of at least one (1) year (the tenn of such bond being the "maintenance period")· following the final completion and acceptance of the wall. During
the maintenance period, Buyer shall have the right and an easement (and Seller hereby grants such right and easement) to use as much of the surface of the Remaining Property that is
adjacent to the wall as may be reasonably necessary to maintain the wall. Upon the expiration of the maintenance period, Seller, its successors and assigns, shall be responsible for
the upkeep, maintenance, and repair of the wall (including, without limitation, any reconstruction or replacement of the wall) and shall keep the wall in a good and safe condition. This
obligation of Seller to provide upkeep, maintenance and repair of the wall in a good and safe condition following the expiration of the maintenance bond period shall run with the Remaining
Property. (b) The Town of Addison shall construct or cause to be constructed on the Property a median opening (and attendant curb cuts) to allow motor vehicle access to the Remaining
Property for motor vehicles traveling east or west bound on Arapaho Road. A general depiction of the location of the median opening is depicted in attached Exhibit F. Such construction
shall be in accordance with the standards ofthe Town of Addison. (c) The Town of Addison shall submit for the Seller's review drainage plans which affect the Remaining Property. (d)
,The Town of Addison will: (i) remove all metal "clips" from existing concrete pavement after storage structures located within the Easement Area are removed; and (ii) protect existing
concrete pavement within the Easement Area and replace any damaged concrete to an equivalent design strength and thickness. (e) The Town of Addison will provide written notice to Seller
of the commencement of construction of the Arapaho Road Improvements on the Property and the Easement Area at least forty-five (45) days prior to such commencement. Upon its receipt
of such notice, Seller shall cause each person (whether an individual or a business entity) occupying the Easement Area to vacate the Easement Area and to remove all personal property
therefrom at least thirty (30) days prior to the commencement of construction of the Arapaho Road Improvements on the Property and the Easement Area. Upon the request of the Town of
Addison, Seller shall confinn to the Town of Addison that the Easement Area has been so vacated and personal property removed. In the event that the Town of Addison detennines, upon
such commencement of construction, that the Easement Area has not been so vacated or such personal property removed, the Town of Addison may, at Seller's sole cost and expense, cause
the Easement Area to be vacated and such personal property to be removed, and either dispose of such property or deliver such property to Seller by depositing the same on the Remaining
Property; and Seller shall defend, indemnify and hold hannless the Town of Addison, its officials, officers, employees, agents and contractors from and against any and all claims, actions,
or judgments in connection therewith. (f) Between the date of Closing and the tennination of the Temporary Construction Easement, Seller shall not release and not allow or pennit the
release of Hazardous Materials of any kind in, under, or above the improvements on the Easement Area or into or onto the surface water, ground water, soil or subsurface of the Easement
Area. ARTICLE X Contract of Sale -Page 9 of 12
Miscellaneous 10.1 Notices. All notices, demands, requests, and other communications required or permitted hereunder shall be in writing, and shall be deemed to be given (unless otherwise
specified herein), upon the earlier to occur of (a) actual receipt, and (b) the deposit of both the original and the copy, as provided below, in a regularly maintained receptacle for
the United States mail, registered or certified, return receipt requested, postage prepaid, addressed as follows: Seller: Public Storage of Dallas, Ltd. c/o Watson & Taylor Management
Company 4015 Belt Line Road Addison, TX 75001-4383 With a copy to: William M. Blackburn 9400 North Central Expressway Suite 1616 Dallas, Texas 75231 Buyer: The Town of Addison 5300 Belt
Line Road Dallas, Texas 75240-7606 Attn: Ron Whitehead, City Manager With a copy to: John M. Hill Cowles & Thompson, P.c. 901 Main Street, Suite 4000 Dallas, Texas 75202 10.2 Brokers.
Seller and Buyer represent one to the other that no brokers have been retained in connection with with the transaction contemplated herein and that there are no commissions payable to
any broker in connection with this transaction. Seller and Buyer both agree to indemnify each other from any loss, liability, damage, cost, or expense (including reasonable attorney's
fees) resulting from a breach of the foregoing representation. 10.3 Governin& Law. This Contract is being executed and delivered, and is intended to be performed in the State of Texas
and the laws of Texas govern the validity, construction, .enforcement, and interpretation of this Contract, unless otherwise specified herein. 10.4 Entirety and Amendments. This Contract
embodies the entire agreement between the parties and supersedes all prior agreements and understandings, if any, relating to the Property, Contract or Sale -Page 10 or 12
and may be 􀁡􀁭􀁥􀁮􀁑􀁾􀁤􀀭 or supplemented only by an instrument in writing executed by the party against whom enforcement is sought. 10.5 Parties Bound. This Contract is binding upon
and inures to the benefit of Seller and Buyer, and their respective heirs, personal representatives, successors, and permitted assigns. 10.6 Further Acts. In addition to the acts and
deeds recited in this Contract and contemplated to be performed, executed, and/or delivered by Seller to Buyer, Seller and Buyer agree to perform, execute, and/or deliver or cause to
be performed, executed, and/or delivered at the Closing or after the Closing any and all further acts, deeds, and assurances as are reasonably necessary to consummate the transaction
contemplated hereby. 10.7 Assienment. Neither Seller nor Buyer shall have the power or right to assign, transfer, pledge, or otherwise convey this Contract without the prior written
consent of the other party hereto; any such assignment, transfer, pledge, or other conveyance without such such prior written consent shall be null and void. 10.8 Survival. Any of the
representations, warranties, covenants, and obligations of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the Closing or expiration
of this Agreement shall survive termination or expiration. All warranties, representations, disclaimers and agreements contained herein shall survive the Closing hereof. 10.9 Exbibits.
All exhibits to this Agreement are incorporated herein by reference for all purposes wherever reference is made to the same. 10.10 Counterpart Execution. This Contract may be executed
in several counterparts, each of which shall be fully effective as an original and all of which together shall constitute one and the same instrument. Either party may execute and deliver
this Contract by telephone facsimile transmission, and the receiving party shall be entitled to rely fully thereon as an original. 10.11 Maintenance of tbe Property and Easement Area.
Between the Effective Date and the Closing, Seller shall: (a) Maintain the Property and the Easement Area in good repair, reasonable wear and tear accepted, except that in the event
of afire or other casualty, damage or loss, Seller shall have no duty to repair said damage other than as provided in this Contract; (b) Advise Buyer promptly of any litigation, arbitration
or administrative hearing concerning or affecting the Property of which Seller has knowledge or notice; (c) Immediately notify Buyer of any material injury or damage to the Property
or any portion thereof; (d) Not, without the prior written consent of the Buyer, create, place or permit to be created or placed, or through any act or failure to act, acquiesce in the
placing of, or allow to remain, any deed of trust, mortgage, voluntary or involuntary lien, whether statutory. constitutional or contractual (except for the lien for ad valorem taxes
on the property which are not delinquent) security interest, encumbrance or charge, or conditional sale or other ti ti tlc Contract of Sale -Page 11 of 12
retention document. and should any of the foregoing become attached hereafter in any manner to any part of the Property or Easement Area without the prior written consent of Buyer, Seller
shall cause the same to be promptly discharged and released; and (f) Not release and not allow or permit the release of Hazardous Materials of any kind in, under, or above the improvements
on the Property and Easement Area or into or onto the surface water, ground water, soil or subsurface of the Property and the Easement Area. 10.12 Saturday, Sunday or Leeal Holiday.
If any date set forth in this Contract for the performance of any obligation by Buyer or Seller or for the delivery of any instrument or notice should be on a Saturday, Sunday or legal
holiday, the compliance with such obligations or delivery shall be deemed acceptable on the next business day following such Saturday, Sunday or legal holiday. 10.13 Time. Time IS of
the essence in all matters pertaining to the performance of this Contract. Dated Effective: , 2003 Dated Effective: , 2003 Contract of Sale -Page 12 of 12 SELLER: PUBLIC STORAGE OF DALLAS,
LTD. By: Watson & Taylor Management, Inc., a Texas corporation, its sole general partner By: _ A. Starke Taylor III, President Watson & Taylor Management, Inc. BUYER: TOWN OF ADDISON,
TEXAS By: _ Ron Whitehead, City Manager
Exhibit A to Contract or Sale EXHIBIT A TO CONTRACT OF SALE
Parcel 12 Field Note Description Arapaho Road Project Town of Addison Dallas County, Texas BEING a description of a 1.0855 acre (47,282 square foot) tract of land situated in the David
Myers Survey, Abstract Number 923, Town of Addison, Dallas County, Texas, and being a portion of a called 4.081 acre tract of land conveyed to Public Storage of Dallas, LTD. on October
3, 1979 and recorded in Volume 79196, Page 3188 of the Deed Records of Dallas County, Texas, said called 4.081 acre tract being all of Lot 3, of the Watson and Taylor Subdivision No.2,
an addition to the Town of Addison, as evidenced by the plat dated September 12, 1979 and recorded in Volume 79180, Page 0888 of said Deed Records, said 1. 0855 acre tract of land being
more particularly described by metes and bounds as follows; BEGINNING at a 1/2 inch iron rod found in the proposed North right of way line of Arapaho Road and the South right of way
line of a 100 foot wide railroad right of way as conveyed to Dallas Area Rapid Transit Property Acquisition Corporation (herein referred to as DART) on December 27, 1990 and recorded
in Volume 91008, Page 1390 of said Deed Records, said point being the common Northeast corner of said called 4.081 acre tract and Northwest corner of a called 1.103 acre tract of land
conveyed to BulloughlLykos Office Building No. 1, L. P. on June 11, 1998 and recorded in Volume 98115, Page 03999 of said Deed Records, said called 1.103 acre tract being all of "Lot
5, Surveyor Addition, Addison West Industrial Park", an addition to the Town of Addison, as evidenced by the plat dated February 7, 1979 and recorded in Volume 79053, Page 0620 of said
Deed Records; THENCE, SOUTH 00°06'08" WEST (called South 00°08'05" West), departing said lines and along the common East line of said called 4.081 acre tract and West line of said called
1.103 acre tract, a distance of 78.95 feet to a 5/8 inch iron rod set in the proposed South right of way line of Arapaho Road; Page 1 of 3
PARCEL 12 -ARAPAHO ROAD PROJECT THENCE, NORT-H89°58'49" WEST, departing said common line and along the proposed South right of way line of Arapaho Road, a distance of 180.61 feet to
a 5/8 inch iron rod set for the point of curvature of a tangent curve to the left; THENCE, SOUTHWESTERLY, continuing along said line and along the arc of said curve to the left having
a radius of 818.00 feet, a central angle of 23°27'04", a chord bearing South 78°17'39" West a distance of 332.48, for an arc distance of 334.81 feet to a point in the common West line
of said called 4.081 acre tract and East line of a called 137,968 square foot tract of land conveyed to Public Storage of Dallas, LTD. on June 13, 1978 and recorded in Volume 78115,
Page 3018 of said Deed Records, said called 137,968 square foot tract being all of Lot I, of the Watson and Taylor Subdivision, an addition to the Town of Addison, as evidenced by the
plat dated March 31, 1978 and recorded in Volume 78082, Page 889 of said Deed Records; THENCE, NORTH 00°33'33'49" WEST (called North 00°26'30" East), departing said line and along the
common West line of said called 4.081 acre tract and East line of said called 137,968 square foot tract, a distance of 146.53 feet to a 5/8 inch iron rod set in the proposed North right
of way line of Arapaho Road and the South right of way line of said DART. railroad, said point being the common Northwest corner of said called 4.081 acre tract and Northeast corner
of said called 137,968 square foot tract; THENCE, SOUTH 89°58'49" EAST (called EAST), departing said common line and along the common North line of said called 4.081 acre tract, proposed
North right of way line of Arapaho Road, and South right of way of said DART railroad, a distance of 507.75 feet (called 507.71 feet) to the POr.NT or BBGINNrHG; CONTAINING an area of
1.0855 acres or 47,282 square feet of land within the metes recited. Page 2 of 3
PARCEL 12 -ARAPAHO ROAD PROJECT All bearings· are referenced to the North Right of Way line of Centurion Way, called S 89°51'55" E, according to the final plat of Lot 3, Surveyor 􀁾􀁤􀁤􀁩􀁴􀁩􀁯􀁮􀀬
recorded in Vol. 77173, Page 135, Deed Records of Dallas County, Texas. A plat of description. even survey date herewith accompanies this I, Ayub R. Sandhu, a Registered Professional
Land Surveyor, hereby certify that the legal description hereon and the accompanying plat represent an 􀁾􀁣􀁴􀁵􀁡􀁬 survey made on the ground I under my supervision. 􀁾􀁌􀀮􀁾 /I-/:£-Ll
Ay b R. Sandhu, R.P.L.S. Texas Registration No. 2910 Page 3 of 3
+ P.O.B. ID£YOlO> HYlElRS SUIRVIEY £"823 (CAU.£D EAST) S 89'58'49-E -507.75' EXHISIT "s" DAllAS AREA RAPID lRANS'T PROPERTY ACQUlSInON CORPORAnON (100' R.O••.) DEcEMBER 27, 1980 VOL
91008. PG. 1390 t., D.R.D.C.T. 􀀬􀁾􀁾..' NOTES: ALL EASEMENTS SHOIN ARE TAKEN rROM THE PLATS INDICATED: HEREON. THE SURVEYOR DID NOT ABSTRACT THE SUBJECT PROPERTY SO ALL EASEMENTS MAY
NOT BE SHOWN. ALL BEARINGS ARE RHERENCED TO THE NORTH RIGHT or WAY LINEor CENTURION lAY. CALLED S 89'51'55" E. ACCORDING TO THE rJNAL PLAT or LOT 3. SURVE YOR ADDITION. RE CORDE 0 IN VOl. 77113. PAGE 135. D.RD.C. T. A LE GAL DE SCRIPTION or EllEN SURVE
Y DATE HE RE WITH ACCOMPANIES THIS PLAT. lOT 5 􀁓􀁕􀁒􀁾􀁙􀁏􀁒 AODInON, ADOlSON IE ST INOUSTRIAL PARK rEBUARY 7. 197' VOl. 79053. PG. 0620 D.R.D.C.T. CALU:D 1.103 N:.. •. BlA.LOUClHAYKOS
0f'F1CE BUIlDING NO. " LP. .AJNE ", 18U VOL 'II' '5. PC. OJon D.R.D.C.T. rNO. 1/2" IRON,ROO -IBin .. 8:; 􀁩􀁾􀁾 GRAPHIC SCALE 1 IfoJrl-f = t.n 􀁾 T 􀁾__ " I PARCEL 12 A PLAT Of A 1.0855
ACRE (47,282 SO. FT.) TRACT Of Of LAND IN THE DAVID MYERS SURVE Y ABS TRACT NO. 923 TOWN Of ADDISON DALLAS COUNTY, TE XAS 50 0 25 50 100 ..... CALU:D 4.081 AC. PUBUC S'IORACl( OF DALLAS,
LID. OCTOBER J, "71 VOL 781H. PC. 3I. D.R.D.C.T. LOT J WATSON AND TAYlOR SUBDIVISION NO. 2 SEPTEMBER 12. 1979 VOl. 79180, PG. 0888 D.RD.C.T. ---J.<a N 89'58'4'" -1110.81' a3t.,' j 􀁾􀀬􀁾􀀬􀁾􀀬
/0;"..".. 􀁾'􀁾;􀀮 :(.. ...O••F• -0. 􀀻f􀀮:'􀀢􀁾ow􀁾\ A/I, \-"1" \ 􀁾􀁔􀁬􀀧􀁉􀁉􀀧􀂷􀂷􀂷􀀭􀁉􀂷 '}'. 􀀮􀁾􀀺􀀭 .'« • . {".'. -y \ } 􀀻􀀧􀀻􀁵􀁾􀀧􀁲􀁾􀁾􀀧􀁾􀁾􀁾􀁽􀁩􀀧􀁾 􀁾􀁽􀁜 o DENOTES A
rOUND POINT AS INDICATED;! 􀀧􀀧􀀧􀀬􀁾􀀧􀀧􀀧􀀧􀀧􀀧􀀧􀀧􀀧􀀧 ..􀁾􀀺􀀮􀀢􀀮 5' • DENOTES A 5/8" IRON ROO SET UNLESS '\{r',..\/g10, 􀀢􀀮􀀺􀁣􀀧􀁾 􀁾 OTHERWISE NOTED 􀁾􀀮 1.,j·"{ZS;; 􀁾 ..':'
t. --PROPOSED RIGHT or WAY LINE 􀀮􀀴􀁴􀀼􀀧􀁜􀀨􀀨􀀮􀀺􀁾􀀧􀁙􀁾􀁾􀁾􀁾􀀮 􀁾􀀺􀀭􀁪􀀬􀀮􀀱 . /1· !:J' '11 30' WATER 􀁅􀁁􀁓􀁅􀁍􀁅􀁎􀁔􀁾 -\--------􀁾PROPOSED ARAPAHO ROAD""--SO' DRAINAGE CHANNE
L EASEMENT CHORD S 78'17'39-I -332.48' -.-tl!5 \ :!! d 􀀢􀁉􀁬􀁉􀁾 10> 􀁉􀁉􀁉􀁾􀁾􀁾􀁾􀁾 􀁾 IlIC..I-j[cj , 􀁾􀁾 'ri ric! i=' 􀀶􀀱􀀱􀀱􀁾􀀺􀀺􀀺􀁾 iii I 􀀬􀁯􀁾􀁺􀁦􀀡􀀿 􀀮􀁾 l..: 􀂰􀁩􀁬􀁯􀁾
􀁾 ... 􀁾􀁩 􀁾 􀁾􀁾 . 􀁾􀁾 It: 01 Z 0-III 􀁾􀁏􀀺􀁥􀁬􀁬􀁬􀀻 􀁾􀁺􀁾􀁯 . , n. .... -oz, U .... zQ;;)ric:i 􀀹􀀭􀀺􀁃􀀺􀁾􀀺􀁉􀀺􀁾􀁡􀁩 􀁾􀁯􀁵􀀺􀁥􀁣􀀺􀁩 mit: I /' 􀁬􀀡􀀡􀀺􀀺􀁊􀁾􀁾􀀬 ol( VI ,
. '
Parcel 13 Field Note Description Arapaho Road Project Town of Addison Dallas County, Texas BEING a description of a 1.0955 acre (47,722 square foot) tract of land situated in the David
Myers Survey, Abstract Number 923, Town of Addison, Dallas County, Texas, and being a portion of a called 137,968 square foot tract of land conveyed to Public Storage of Dallas, LTD.
on June 13, 1978 and recorded in Volume 78115, Page 3018 of the Deed Records of Dallas County, Texas, said called 137,968 square foot tract being all of Lot 1, of the Watson and Taylor
Subdivision, an addition to the Town of Addison, as evidenced by the plat dated March 31, 1978 and recorded in Volume 78082, Page 889 of said Deed Records, said 1.0955 acre tract of
land being more particularly described by metes and bounds as follows; BEGINNING at a 5/8 inch iron rod set in the proposed North right of way line of Arapaho Road and the South right
of way line of a 100 foot wide railroad right of way as conveyed to Dallas Area Rapid Transit Property Acquisition Corporation (herein referred to as DART) on December 27, 1990 and recorded
in Volume 91008, Page 1390 of said Deed Records, said point being the common Northeast corner of said called 137,968 square foot tract and Northwest corner of a called 4.081 acre tract
of land conveyed to Public Storage of Dallas, LTD. on October 3, 1979 and recorded in Volume 79196, Page 3188 of said Deed Records, said called 4.081 acre tract being all of Lot 3, of
the Watson and Taylor Subdivision No.2, an addition to the Town of Addison, as evidenced by the plat dated September 12, 1979 and recorded in Volume 79180, Page 0888 of said Deed Records;
THENCE, SOUTH 00°33'49" EAST (called South 00026'30n East), departing said lines and along the common East line of said called 137,968 square foot tract and West line of said called
4.081 acre tract, a distance of 146.53 feet to a point in a curve of the proposed South right of way line of Arapaho Road; THENCE, departing said common line and along the proposed South
right of way line of Arapaho Road the following courses and distances; Paqe 1 of 3
PARCEL 13 -ARAPAHO ROAD PROJECT SOUTHWESTERLY, along the arc of a non-tangent curve to the left having a radius of 818.00 feet, a central angle of 7°15'29", a chord bearing South 62°56'22"
West a distance of 103.55 feet, for an arc distance of 103.62 feet to the point of tangency of said curve; SOUTH 53°39'46" WEST, a distance of 130.54 feet to an "X" in concrete set for
an angle point; SOUTH 56°50'32" WEST, a distance of 31.95 feet to a point in the common West line of said called 137,968 square foot tract and East line of a called 2.20 acre tract of
land conveyed to the Ci ty of Addison on June 28, 1977 and recorded in Volume 77135, Page 1581 of said Deed Records; THENCE, NORTH 00°27'52" WEST (called North 00°26'30" West), departing
said line and along the common West line of said called 137, 968 square foot tract and East line of said called 2.20 acre tract, a distance of 288.54 feet to a 1/2 inch iron rod found
in the proposed North right of way line of Arapaho Road and the South right of way line of said DART railroad, said point being the common Northwest corner of said called 137,968 square
􀁦􀁯􀁯􀁾 tract and Northeast corner of said called 2.20 acre tract; THENCE, SOUTH 89°58'49" EAST (called EAST), departing said common line and along the common North line of said called
137,968 square foot tract, proposed North right of way line of Arapaho Road, and South right of way line of said DART railroad, a distance of 225.02 feet (called 225 feet) to the POINT
OF BEGINNING; CONTAINING an area of 1.0955 acres or 47,722 square feet of land within the metes recited. Page 2 of 3
PARCEL 13 -ARAPAHO ROAD PROJECT All bearings are referenced to the North Right of Way line of Centurion Way, called S 89°51'55" E, according to the final plat of Lot 3, Surveyor Addition,
recorded in Vol. 77173, Page 135, Deed Records of Dallas County, Texas. A plat of description. even survey date herewith accompanies this I, Ayub R. Sandhu, a Registered Professional
Land Surveyor, hereby certify that the legal description hereon and the accompanying plat represent an actual survey made on the ground under my supervision. 􀁁􀀱􀁺􀁾􀀮􀁾􀁾􀁮􀁾􀀡􀁾􀁾􀀻􀀧􀀭􀀷􀀧􀀷
Texas Registration No. 2910 .;'. Page 3 of 3
EXHIBIT "B" PARCEL 13 A PLAT OF A 1.0955 ACRE (47.722 SO. FT.) TRACT Of' LAND IN THE DAVID MYERS SURVEY ABSTRACT NO. 923 TOWN OF ADDISON DALLAS COUNTY, TE XAS 80 0 JO 60 120 GRAPHIC
SCALE 1 INCH -60 H. -----------CAU.£D 4.0111 AC. PU8lJC STDRAGE OF DAUAS, LTD• OCTOBER 3, ,.n VOL 781M, PC. JI88 D.R.D.C.T. LOT 3 'ATSON AND TA"-OR SUBO\..,SlON NO. 2 SEPTEMBER 12, 1179
VOl. 79180. PG. 0888 D.R.D.C.T. 􀁉􀁬􀂻􀁾 WDIl» 􀁾􀁾􀀡􀁅􀁾􀁾 􀁾􀁏􀁊􀁊􀁾􀁗􀁾􀁾 􀂣􀁄􀀧􀁾􀁾 P.D.B. (CAlli 0 Eo.Sn S 89"58'49" E -225.02' , WATER 􀁅􀁁􀁓􀁅􀁍􀁅􀁎􀁔􀁾 __ 􀁾 30 __ _ 􀁾 -C---􀁾􀁾
AGE CHANNEL • 50' 􀁄􀁒􀀺􀁉􀁾􀁓􀁅􀁍􀁅􀁎􀁔 􀁾􀁾􀁟􀀡􀁾 ----􀁾􀁾 ,-􀀭􀁾 /l til 􀁾( ':1 '0 ...0 1 􀀮􀁯􀁾 􀁾 :I 􀁉􀀮􀀢􀀮􀀮􀁾 􀁾 . ' \) II OZ '. 􀁾􀁾 " .... 􀀧􀁾 I 􀁾􀀮:􀀮2, 􀁾􀀧􀀢. I " LOT
1 " AND TA"-OR ig! 1;\' 􀀮􀁾 􀁾 􀁾􀁁􀁔􀁓􀁾􀁂􀁏􀁉􀁾􀀵􀀱􀁾􀀷􀁾 0o: I'. " , MARCH 'PC 889 ! : .1..::' 78082, I b "I I • "'. VUL. O.R.D.C. T. III I \ ."'. ': I "' •I 􀁾;:;.';!pPf' /' CAU.£D!1.3.7.888AGSE
Q.OFn: . I, .", '\' ! PUBlIC STORLTD. I ! DAllAS, 1878 ", ... ' .lJNE 13,PC JO1A VOL 78115. T' D.R.D.C.• 􀁾 -.• 􀀺􀁾 . 􀀮􀁾􀀭 ' 1-1 .􀁾􀀺􀀧􀁬􀁴􀀱 jg.§... /.. -, , ' .........􀁾􀀬􀀬􀀻􀀯
,'z . /,. I fND. '/2" IRON ROD atORD 5 82'Sl1'n". 􀁾 10J,55' CAUfD 2.20 AC. OTY Of ADOISION .AJNE 28, 18n VOL. 77135, PG. 1581 O.R.O.C.T. DAllAS AREA RAPID lRANSIT PROPERTY ACQUISmON
CORPORAnON (100' R.O.••) DECEMBER 27, 1890 VOL. 91008. PG. 1390 O.R.O.C.T. VI 􀁾 ; III"" '''' 􀁉􀁾 _--.--=.', BEARING LINE TA8LE S 58"50'32" • il+• 'f. NOTES: AU. EASEMENTS SHOWN ARE
TAKEN FROM THE PlATS INDICATED HEREON. THE SUR-.£YOR 010 NOT ABSTRACT THE SUBJECT PROPERTY SO ALL EASEMENTS MAY NOT BE SHOWN. AlL BEARINGS ARE REfERENCED TO lHE NORlH RIGHT Of WAY LINE
Of CENTURION WAY. CALLED S 89"51'55" E. ACCORDING TO lHE FINAl PlAT Of LOT 3. 􀁓􀁕􀁒􀁾􀁙􀁏􀁒 ADDITION, RECORDED IN VOl. 77173, PAGE 135, D.R.OC.T. A l£GAL DESCRIPl10N Of E-.£N SUR-.£Y
DATE HEREWITH ACCOMPANIE S THIS, PlioT. -j'/i) UI I
Exhibit B to Contract or Sale EXHIBITB TO CONTRACT OF SALE
Parcel 12-TE Field Note Description Arapaho Road Project Town of Addison Dallas County, Texas BEING a description of a 0.5291 acre (23,049 square foot) tract of land situated in the
David Myers Survey, Abstract Number 923, Town of Addison, Dallas County, Texas, and being a portion of a called 4.081 acre tract of land conveyed to Public Storage of Dallas, LTD. on
October 3, 1979 and recorded in Volume 79196, Page 3188 of the Deed Records of Dallas County, Texas, said called 4.081 acre tract being all of Lot 3, of the Watson and Taylor Subdivision
No.2, an addition to the Town of Addison, as evidenced by the plat dated September 12, 1979 and recorded in Volume 79180, Page 0888 of said Deed Records, said 0.5291 acre tract of land
being more particularly described by metes and bounds as follows; COMMBNCl:NG at the common Northeast corner of said called 4.081 acre tract and Northwest corner of a called 1.103 acre
tract of land conveyed to Bullough/Lykos Office Building No.1, L.P. on June 11, 1998 and recorded in in Volume 98115, Page 03999 of said Deed Records, said called 1.103 acre tract being
all of "Lot 5, Surveyor Addition, Addison West Industrial Parkw , an addition to the Town of Addison, as evidenced by the plat dated February 7, 1979 and recorded in Volume 79053, Page
0620 of said Deed Records said corner being in the proposed North right of way line of Arapaho Road and the South right of way line of a 100 foot wide railroad right of way as conveyed
to Dallas Area Rapid Transit Property Acquisition Corporation on December 27, 1990 and recorded in Volume 91008, Page 1390 of said Deed Records; . THENCE, SOUTH 00006'08 w WEST (called
South 00°08'05" West), departing said lines and along the common East line of said called 4.081 acre tract and West line of said called 1.103 acre tract, a distance of 78.95 feet to
a point in the proposed South right of way line of Arapaho Road for the Northeast corner and POINT OP BBQINNXNG of the herein described tract; THENCE, SOUTH 00006'08 w WEST continuing
along said common line, a distance of 40.00' to the most Easterly Southeast corner of the herein described tract; ""' Page 1 of 3
PARCEL 12-TE -ARAPAHO ROAD PROJECT THENCE, NORTH 􀁾􀀸􀀹􀂰􀀵􀀸􀀧􀀴􀀹􀀢 WEST, departing said common line, a distance of 180.55 feet to the point of curvature of a tangent curve to the
left; THENCE, SOUTHWESTERLY, along the arc of said curve to the left having a radius of 778.00 feet, a central angle of 15°58'34", a chord bearing South 82°01'54" West a distance of
216.23 feet, for an arc distance of 216.93 feet to an angle point; THENCE SOUTH 89°51'04" WEST, a distance of 57.80 feet to a point for corner; THENCE, SOUTH 00°24'42" EAST, a distance
of 18.80 feet to the point of curvature of a non-tangent curve to the left; THENCE, SOUTHWESTERLY, along the arc of said curve to the left having a radius of 778.00 feet, a central angle
of 01 °56' 00" I a chord bearing South 68°36'19" West a distance of 26.25 feet, for an arc distance of 26.25 feet to an angle point; THENCE SOUTH 00°05'59" WEST, a distance of 109.96
feet to the most Southerly Southeast corner of the herein described tract; THENCE SOUTH 89°26'35" WEST, WEST, a distance of 27.71 feet to the southwest corner of the herein described
tract and being in the common West line of said called 4.081 acre tract and East line of a called 137,968 square foot tract of land conveyed to Public Storage of Dallas, LTD. on June
13, 1978 and recorded in Volume 78115, Page 3018 of said Deed Records, said called 137,968 square foot tract being all of Lot I, of the Watson and Taylor Subdivision, an addition to
the Town of Addison, as evidenced by the plat dated March 31, 1978 and recorded in Volume 78082, Page 889 of said Deed Records; THENCE, NORTH 00°33'49-WEST (called North 00°26'30" West)
I along said common line, a distance of 141.29 feet to a point in said proposed South right of way line of Arapaho Road, being in a non-tangent curve to the right; THENCE, NORTHEASTERLY,
departing said common line, along said proposed South right of way line of Arapaho Road and the arc of said curve to the right having a radius of 818.00· feet I a central angle of 23°27'04",
a chord bearing North 78°17'39" East a distance of 332.48, for an arc distance of 334.81 feet; Page 2 of 3
PARCEL 12-TE -ARAPAHO ROAD PROJECT THENCE, sour-H-·89°58'49" EAST, continuing along said proposed South right of way line, a distance of 180.61 feet to the POINT OF BEGINNING; CONTAINING
an area of 0.5291 acres or 23,049 square feet of land within the metes recited. All bearings are referenced to the North Right of Way line of Centurion Way, called S 89°51'55" E, according
to the final plat of Lot 3, Surveyor Addition, recorded in Vol. 77173, Page 135, Deed Records of Dallas County, Texas. A plat of description. even survey date herewith accompanies this
I, AYUb R. Sandhu, a Registered Professional Land Surveyor, hereby certify that the legal description hereon and the accompanying plat represent an actual survey made on the ground under
my supervision. 􀁾􀁾􀀮 􀁾􀁾􀀭􀀧􀁉􀀭􀁤Z. Aybb R. Sandhu, R.P.L.S. Texas Registration No. 2910 .", Page 3 of 3
100 ,I}l,) SUR\'E CAL1£D 1.103 AC. IU.UlUQtAlKOS amcE 􀁾􀀧􀁎􀁯􀀢􀀧􀁾􀀧􀀱 .aJNE 11, 11M VOL 11115. PC.. D....D.C.T. P.D.C. P.O.B. GRAPHIC SCALE 1 INCH = 50 FT. PARCEL 12-TE A PLAT OF
A 0.5291 ACRE (23,049 sa. FT.) TRACT OF LAND IN THE DAVID MYERS SURVE Y ABS TRACT NO. 923 TOWN OF ADDIS ON DALLAS COUNTY, TE XAS o 25 50 ___ 0' _. • --. 􀁉􀀭-􀁣􀀢-􀀧􀁾 !! I 1110.11'
50 (CAW:D ,Do,......) s ocroe'CJr I 4O.Off f...>. . o • --􀀭􀁾􀁾􀁩􀁮 􀀢8􀀧"􀁾􀁉􀁬'"􀁩 °8" len .... .... .... 􀀧􀁾 ...---5 1I1'SS"41-E N ee'S8'41-' -1eO.55;-_. CAU£D 4.011 AC. PUBUC SlORAGE
Of DAllAS, LlD. OClOllER 3, 1171 VOL 711H, PC. 31. D.R.D.C.T. EXHIBIT "B" 30' WATER EASEt.lENT􀁾 􀀱􀀹􀀾􀁾IWOl9> 􀁛􀁍􀁊􀁗􀁛􀁧􀁾􀁾 􀁾􀁉􀁕􀁊􀁾􀁉􀁗􀁾􀁗 􀀭􀁾􀀭 ---􀁾 􀀧􀁾􀁾􀁾􀁾􀁾 . . .. '
--PROPOSED ARAPAHO ROAD-50' DRAINAGE CHANNEL EASEMENT , 􀀬􀀬􀀭􀁾􀀮 CUfM TABU: QJR\'E DELTA RADIUS l£NGlH CHORD C1 15'S8'34-778.Off 218.13' S 112'01'54-• -211.23" C2 01158'00-778.Off
2I.ZS' S 88"31'11-I -21.25' C3 23'2T04-IIUlOff 334.81' N 7r1T3t-E -332.48' NOTES: (};'" _ 􀁟􀁾􀀬 􀁾 Or:;: 􀁾 ALL EASEMENTS SHOWN ARE TAKEN fROM THE PlATS INDICATED '\ 􀁾 􀀮􀀬􀀮􀁾 HEREON.
THE SURVEYOR DID NOT ABSmACT 1HE SUBJECT A .,.......􀁵􀁜􀁳􀁜􀀧􀁦􀀺􀀿􀁾 􀁾􀁦 PROPERTY SO ALL EASEMENTS MAY NOT BE SHOWN. I, 0 q-' 􀀬􀀬􀁾􀀮 c) U' ,L' ALL BEARINGS ARE REFERENCED TO THE
NORTH RIGHT OF" WAYJAY11lJ H. l:;Af'OIfU UNE OF" CENTURION WAY. CALLED S 89'51'55-E, ACCORDING TO (" 'i "910 􀁾􀀮 "-THE FINAL PLAT OF" LOT 3. SURVE YOR ADDITION. RE CORDE 0 IN .., I
I. 􀁾 '1"-0-VOL.. 77173. PAGE 13S.D.R.D.C.T. ,/􀀮􀁾 􀀧􀁴􀀭􀀺􀀻􀁾􀁜 <. " 􀀢􀁾 􀀮􀁾􀀮􀁉􀀺􀀭􀀭􀀮􀀮􀀦 A LEGAL DESCRIPTION Of EVEN SURVEY DATE HEREWITH -/<...􀁾 ACCOMPANIES lHlS PLAT. /&>-'1-02.
S 00'24'42-E 111.110" ,..." . , , --. ---_.-.' ----. --C1 LOT 3 WATSc:»I AND TAYlOR c= 'U.rAI 􀁾􀀭􀀭􀀮􀁟􀀭􀀭•.-SUBOIVlSION NO.2 • •.-. SEPTEMBER 12. 1979 VOl. 79180. PG. 0888 D.R.D.C.T.
ll: g􀁾•􀁉􀁾 § -.--'-DAUAS AREA liAPtDmANslT PROPERTY ACQUlSllION CORPORAlION (100' R.O.•.) DEcEMBER 27, .1990 va... 91001I, PG. 1390 • . D.R.D.C.T.'· ' S 89'21'35-W 27.71' z 􀀳􀁾􀀱􀁬􀁉􀀡
􀁾 ." t􀀬􀁣􀁏􀁚􀁃􀁬􀁴􀁕􀁾 -l1.. -􀁾􀀧􀀺􀁓􀂷 _I') • 􀁾􀁯 . 􀁯􀁾 .... 􀁾􀀲􀁾􀀱 􀁾 􀀨􀁾 °i i§ II' " .• DENOTES ,A rOUND POINT AS INDICATED DENOTES' A 5/8-IRON ROO SE T UNLESS 􀁏􀁔􀁈􀁅􀁒􀀪􀁉􀁾􀁅
NOTED -PROPOSE!) RIGHT OF" WAY LINE '. III t ... ', ... , . 0 I 􀀱􀁬􀁉􀁾 . 􀁾􀁾􀁊􀀺􀁈􀀮􀁾􀁴􀀭􀀽 􀁉􀁾􀁾􀁾􀀢􀁾 􀀢􀁾􀁾 ... IIJ ol 􀁾􀁴􀁮􀁾􀀢􀀧􀀺􀀺􀁤 􀁾􀁩􀁄􀁩􀁾􀂷􀀧 . 􀀳􀁾 􀁾.. , /' IJ I
•
Parcel 13-TE Field Note Description Arapaho Road Project Town of Addison Dallas County, Texas BEING a description of a 0.4361 acre (18,995 square foot) tract of land situated in the
David Myers Survey, Abstract Number 923, Town of Addison, Dallas County, Texas, and being a portion of a called 137,968 square foot tract of land conveyed to Public Storage of Dallas,
LTD. on June 13, 1978 and recorded in Volume 78115, Page 3018 of the Deed Records of Dallas County, Texas, said called 137,968 square foot tract being all of Lot 1, of the Watson and
Taylor Subdivision, an addition to the Town of Addison, as evidenced by the plat dated March 31, 1978 and recorded in Volume 78082, Page 889 of said Deed Records, said 0.4361 acre tract
of land being more particularly described by metes and bounds as follows; COMMENCING at a point being the common Northeast corner of said called 137,968 square foot tract and Northwest
corner of a called 4.081 acre tract of land conveyed to Public Storage of Dallas, LTD. on October 3, 1979 and recorded in Volume 79196, Page 3188 of said Deed Records, said called 4.081
acre tract being all of Lot 3, of the Watson and Taylor Subdivision No.2, an addition to the Town of Addison, as evidenced by the plat dated September 12, 1979 and recorded in Volume
79180, Page 0888 of said Deed Records; THENCE, SOUTH 00033'49 w EAST (called South 00°26'30" East), along the common East line of said called 137,968 square foot tract and West line
of said called 4.081 acre tract, a distance of 146.53 feet to a point in the proposed South right of way line of Arapaho Road for the Northeast corner and POINT OF 􀁂􀁅􀁇􀁉􀁾􀁎􀁇 of
the herein described tract; THENCE, SOUTH 00°33'49-EAST (called South 00°26'30" East), continuing along said common line, a distance of 141.29 feet to the Southeast corner of the herein
described tract; THENCE, SOUTH 89°26'35-WEST, a distance of 156.19 feet to an angle point; THENCE, SOUTH 53°39'46 n WEST, a distance of 19.61 feet to an angle point; THENCE, SOUTH 89°39'59-WEST,
a distance of 3.80 feet to an angle point; Page 1 of3
PARCEL 13-TE -ARAPAHO ROAD PROJECT THENCE, SOUTH 00°18'38" EAST, a distance of 2.77 feet to an angle point;_ THENCE, SOUTH 56° 50' 32" WEST, a distance of 58.96 feet to the Southwest
corner of the herein described tract, said corner being in the common West line of said called 137,968 square foot tract and East line of a called 2.20 acre tract of land conveyed to
the City of Addison on June 28, 1977 and recorded in Volume 77135, Page 1581 of said Deed Records; THENCE, NORTH 00°27'52" WEST (called North 00°26'30" West), along said common line,
a distance of 47.53 feet to a point in said proposed South right of way line of Arapaho Road; THENCE, NORTH 56°50'32" EAST, a distance of 31.95 feet to a point' THENCE, NORTH 53°39'46"
EAST, a distance of 130.54 feet to a non-tangent curve to the right; THENCE, NORTHEASTERLY, along the arc of said curve to the right having a radius of 818.00 feet, a central angle of
07°15'29", a chord bearing North 62°56'22-East a distance of 103.55 feet, for an arc distance of 103.62 feet to the POXNT 0' 􀁂􀁂􀁇􀁘􀁾􀁎􀁇􀀻 CONTAINING an area of 0.4361 acres or 18,995
square feet of land within the metes recited. .,. Page 2 of 3
PARCEL 13-TE -ARAPAHO ROAD PROJECT . All bearings--are referenced to the North Right of Way I ine of Centurion Way, called S 89°51'55" E, according to the final plat of Lot 3, Surveyor
Addition, recorded in Vol. 77173, Page 135, Deed Records of Dallas County, Texas. A plat of description. even survey date herewith accompanies this I, Ayub R. Sandhu, a Registered Professional
Land Surveyor, hereby certify that the legal description hereon and the accompanying plat represent an actual survey made on the ground under my supervision. 􀁾 􀁋􀁾 􀀯􀁾􀀭􀀺􀁊􀀯􀀭􀀦􀁊􀁚􀀭
Ayub R. Sandhu, R.P.L.S. Texas Registration No. 2910 .... Page 3 of 3
I I '1 I EXHIBIT "B" ! i 􀁾 , i i 􀁾 r, 􀁾􀀭 :.-. 􀁾 . '" ,.. CAlLED 4.081 AC. PUIIJC .$roRAGE OF DAUAS, LlD. OCTOBER J, 11171 WI.. 711118, PG. 31. D.R.D.C.T. .-.--.. --.. LOT J IATSON
AND TAYlOR SUBDIVISION NO.2 SEPTEMBER 12, 1979 VOl. 79180. PG. 0888 D.R.D.C.T. S 11'21'35-• [158.11' ".(CAULD NDD7tl'30·.) ! N 􀁏􀁏􀀧􀀲􀁔􀁾􀀲􀀭􀀮 , 􀀺􀀴􀀷􀀮􀁾􀀧 "II ,. PARCE L 13-TE
A PLAT Of A r ,''Ii'>, 0.4361 ACRE (18,995 SQ. fT.) 􀀮􀀺􀁾􀀧􀀯 III /'': 􀁾􀀧􀁜 TRACT Of LAND (, 􀀧􀀱􀀮􀀾􀀬􀀧􀀧􀀺􀀧􀀧􀁆􀁾􀀯􀀭􀁉􀀧􀁾 IN THE DAVID MYERS SURVEY t : ,,'. -.\,) :,. \ ABSTRACT
NO. 923 ; , '., TOWN Of ADDISON ",' • "'I' n '/11'111'" 􀁉􀁾􀁜 DALLAS COUNTY. TEXAS DE NOTE S A roUND POINT AS INDICATED J ." " , • , I" DENOTES A 5/8" IRON ROO SET UNLESS ',,'., 􀀧􀁾􀀮􀀧
􀀬􀁏􀀨􀁾􀀮􀀺􀀬 ," " 60 0 30 60 120 OTHERWISE NOTED .' r. ,,, '. I--r----' ,! ! ---PROPOSED RIGHT or WAY LINE A.. .uri ,,'1/' !!V.' ' , 0_ --.....􀁾􀀬􀁥􀁣􀀮􀀮􀀮􀀮 􀁾􀁾􀁾 GRAPHIC SCALE
16-J/-o2-1 INCH = 60 n. ) ,, I /.,: I,' ) , . -,fJ I ,/QtORD ,) "1 ",I N ene'w E -103.55' r1' l 􀁾􀁾􀁲􀀧 _ 􀁾 L._ , 1, I ,) ; I " .􀁾 1.• l (, 􀁄􀁾 AREAiwto 1RAHS.T PROPERJACQUISJ'IION
CCRIORA'IION , 100' R.Oo••) , . 'j 􀁾􀀢􀁒 27, 1t1O ,. 11100e. PO. 1310 D.R.D.t.T. . I ", ' 􀁾􀁄 2.20 AC. a:ry CE ADDISION 􀀧􀁦􀀱􀀺􀁾 11n nus.. PC. 1511 D.R.D.C.T. i /r L1 L3 L2 L4 L5
UNE NOTES: ALL EASEMENTS SHOWN ARE TAKEN mow THE PLATS INDICATED HEREON. THE SURVEYOR DID NOT ABSTRACT THE SUB.£CT PRoPERTY SO ALL EASEMENTS MAY NOT BE SHOWN, ALL BE ARINGS ARE RE IT
RE NCE 0 TO THE NOR TH RIGH T OF WAY LINE or CENTURION WAY. CALLED S 89'51'55" Eo ACCORDING TO THE fiNAL PLAT OF LOT 3. SURVEYOR ADDInON. RECORDED IN VOl 77173. PAGE 135. D.R.D.C.T.
A LEGAL DESCRIPnON or EVEN SURVEY DATE HEREWITH ACCOMPANIE 5 THIS PLAT.
Exhibit C to Contract of Sale EXHIBITC TO CONTRACT OF SALE
STATE OF TEXAS COUNTY OF DALLAS ))) SPECIAL WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS: THAT Public Storage of Dallas, Ltd., a Texas limited partnership with offices at 4015 Belt Line
Road, Addison, TX 75001-4383 ("Grantor"), for and in consideration of the sum of Ten and Noll 00 Dollars ($10.00) and other good and valuable consideration to the undersigned paid by
the Town of AddisoD, Texas, a Texas municipal corporation ("Grantee"),whose address is 5300 Belt Line Road, Dallas, TX 75240-7606, the adequacy and receipt of which are hereby acknowledged,
has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY unto Grantee, all of the real property in Dallas County, Texas, described in the attached Exhibit A,
(the "Property"), together with all and singular the rights and appurtenances thereto in anywise belonging, subject only to the exceptions and encumbrances described in the attached
Exhibit B (the "Permitted Exceptions"). TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereto in anywise belonging, unto Grantee and Grantee's
successors and assigns forever; and Grantor does hereby bind itself and its successors to WARRANT AND FOREVER DEFEND, all and singular, the Property unto Grantee, and Grantee's successors
and assigns, against every person whomsoever lawfully claiming or to claim the Property or any part thereof, when the claim is by, through, or under Grantor, but not otherwise, except
as to the Permitted Exceptions. PROVIDED, HOWEVER, THAT THE PROPERTY IS CONVEYED AND TRANSFERRED TO GRANTEE "AS IS, WHERE IS, AND WITH ALL FAULTS AND PATENT AND LATENT DEFECTS", AND,
EXCEPT AS EXPRESSLY OTHERWISE SET FORTH IN ARTICLE IV, SECTION 4.1, OF THAT CONTRACT OF SALE DATED __BETWEEN GRANTOR AND GRANTEE (A TRUE AND CORRECT COPY OF WHICH SECTION IS ATTACHED
HERETO AS EXHIBIT C), GRANTOR HAS NOT MADE, DOES NOT MAKE, AND SPECIFICALLY DISCLAIMS, ANY REPRESENTATION, PROMISE, COVENANT, AGREEMENT, GUARANTY OR WARRANTY OF ANY KIND OR CHARACTER,
EXPRESS OR IMPLIED, OR ARISING BY OPERATION OF LAW, AS TO THE QUANTITY, QUALITY, CONDITION, SUITABILITY, HABITABILITY, OR FITNESS OF THE PROPERTY FOR ANY PURPOSE WHATSOEVER, INCLUDING,
WITHOUT LIMITATION, ANY REPRESENTATION REGARDING SOIL CONDITIONS, AVAILABILITY OF UTILITIES, DRAINAGE, ZONING LAWS, ENVIRONMENTAL LAWS, OR ANY OTHER FEDERAL, STATE OR LOCAL STATUTES,
CODES, REGULATIONS OR ORDINANCES. GRANTEE ALSO ACKNOWLEDGES AND AGREES THAT GRANTEE'S INSPECTION AND INVESTIGATION OF THE PROPERTY HAVE BEEN ADEQUATE TO ENABLE GRANTEE TO MAKE GRANTEE'S
OWN DETERMINATION WITH RESPECT TO THE SUITABILITY OR FITNESS OF THE PROPERTY, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO SOIL CONDITIONS, AVAILABILITY OF UTILITIES, DRAINAGE, ZONING
LAWS. ENVIRONMENTAL LAWS, AND ANY OTHER FEDERAL, STATE OR LOCAL STATUTES, CODES, REGULATIONS OR ORDINANCES. GRANTEE
􀁁􀁃􀁋􀁎􀁏􀁗􀁌􀁅􀁄􀁇􀁊􀁾􀀺􀁓􀀭 THAT THE DISCLAIMERS, AGREEMENTS AND OTHER STATEMENTS SET FORTH IN THIS PARAGRAPH ARE AN INTEGRAL PORTION OF THIS DEED AND THAT GRANTOR WOULD NOT AGREE
TO SELL THE PROPERTY TO GRANTEE FOR THE PURCHASE PRICE WITHOUT THE DISCLAIMERS, AGREEMENTS AND OTHER STATEMENTS SET FORTH IN THIS PARAGRAPH. GRANTEE FURTHER ACKNOWLEDGES THAT GRANTEE
IS NOT IN A DISPARATE BARGAINING POSITION WITH RESPECT TO GRANTOR. Seller has and assumes the obligation to pay property taxes and assessments for the Property for current year 2003
through the Closing Date of the Contract of Sale dated January _, 2003 between Grantor and Grantee. EXECUTED this _ day of , 200_. GRANTOR: Public Storage of Dallas, Ltd, a Texas limited
partnership By: Watson & Taylor Management, Inc., a Texas corporation, its sole General Partner BY:------------A. Starke Taylor III, President STATE OF Texas )) COUNTY OF Dallas ) This
instrument was acknowledged before me on this _ day of _ 20_, by A. Starke Taylor III, President of Watson & Taylor Management, Inc., a Texas corporation, on behalf of said corporation,
and the corporation acknowledged this instrument as sole general partner of Public Storage of Dallas, Ltd., a Texas limited partnership, on behalf of said limited partnership. My Commission
Expires: Notary Public in and for the State of Texas Typed or Printed Name of Notary
EXHIBIT A TO SPECIAL WARRANTY DEED
Parcel 12 Field Note Description Arapaho Road Project Town of Addison Dallas County, Texas BEING a description of a 1.0855 acre (47,282 square foot) tract of land situated in the David
Myers Survey, Abstract Number 923, Town of Addison, Dallas County, Texas, and being a portion of a called 4.081 acre tract of land conveyed to Public Storage of Dallas, LTD. on October
3, 1979 and recorded in Volume 79196, Page 3188 of the Deed Records of Dallas County, Texas, said called 4.081 acre tract being all of Lot 3, of the Watson and Taylor Subdivision No.2,
an addition to the Town of Addison, as evidenced by the plat dated September 12, 1979 and recorded in Volume 79180, Page 0888 of said Deed Records, said 1.0855 acre tract of land being
more particularly described by metes and bounds as follows; BEGINNING at a 1/2 inch iron rod found in the proposed North right of way line of Arapaho Road and the South right of way
line of a 100 foot wide railroad right of way as conveyed to Dallas Area Rapid Transit Property Acquisition Corporation (herein referred to as DART) on December 27, 1990 and recorded
in Volume 91008, Page 1390 of said Deed Records, said point being the common Northeast corner of said called 4.081 acre tract and Northwest corner of a called 1.103 acre tract of land
conveyed to BulloughlLykos Office Building No.1, L. P. on June 11, 1998 and recorded in Volume 98115, Page 03999 of said Deed Records, said called 1.103 acre tract being all of "Lot
5, Surveyor Addition, Addison West Industrial Park", an addition to the Town of Addison, as evidenced by the plat dated February 7, 1979 and recorded in Volume 79053, Page 0620 of said
Deed Records; THENCE, SOUTH 00°06'08" WEST (called South 00°08'05" West), departing said lines and along the common East line of said called 4.081 acre tract and West line of said called
1.103 acre tract, a distance of 78.95 feet to a 5/8 inch iron rod set in the proposed South right of way line of Arapaho Road; Page 1 of 3
PARCEL 12 -ARAPAHO ROAD PROJECT THENCE, NORTH 8 9° 58' 49" WEST, departing said common line and along the proposed South right of way line of Arapaho Road, a distance of 180.61 feet
to a 5/8 inch iron rod set for the point of curvature of a tangent curve to the left; THENCE, SOUTHWESTERLY, continuing along said line and along the arc of said curve to the left having
a radius of 818.00 feet, a central angle of 23°27'04", a chord bearing South 78°17'39" West a distance of 332.48, for an arc distance of 334.81 feet to a point in the common West line
of said called 4.081 acre tract and East line of a called 137,968 square foot tract of land conveyed to Public Storage of Dallas, LTD. on June 13, 1978 and recorded in Volume 78115,
Page 3018 of said Deed Records, said called 137,968 square foot tract being all of Lot 1, of the Watson and Taylor Subdivision, an addition to the Town of Addison, as evidenced by the
plat dated March 31, 1978 and recorded in Volume 78082, Page 889 of said Deed Records; THENCE, NORTH 00°00°33'49" WEST (calledNorth 00°26'30" East), departing said line and along the common West line of said called 4.081 acre tract and East line of said called 137,968 square foot tract, a distance of 146.53
feet to a 5/8 inch iron rod set in the proposed North right of way line of Arapaho Road and the South right of way line of said DART. railroad, said point being the common Northwest
corner of said called 4.081 acre tract and Northeast corner of said called 137,968 square foot tract; THENCE, SOUTH 89°58'49" EAST (called EAST), departing said common line and along
the common North line of said called 4.081 acre tract, proposed North right of way line of Arapaho Road, and South right of way of said DART railroad, a distance of 507.75 feet (called
507.71 feet) to the POrNT OP BZGrNNrNG; CONTAINING an area of 1.0855 acres or 47,282 square feet of land within the metes recited. Page 2 of 3
PARCEL 12 -ARAPAHO ROAD PROJECT All bearings' are referenced to the North Right of Way line of Centurion Way, called S 89°51'55" E, according to the final plat of Lot 3, Surveyor }lrddition,
recorded in Vol. 77173, Page 135, Deed Records of Dallas County, Texas. A plat of description. even survey date herewith accompanies this I, Ayub R. Sandhu, a Registered Professional
Land Surveyor, hereby certify that the legal description hereon and the accompanying plat represent an pctual survey made on the ground ( under my supervision. 􀁾􀁌􀀮􀁾 I/-/:l.-'ll Ay
b R. Sandhu, R.P.L.S. Texas Registration No. 2910 Page 3 of 3
EXHISIT "s" LOT 5 SURVE YOR AOOInON, AOOISON WEST INDUS TRIAL PARK FEBUARY 7. 1979 VOL 79053. PG. 0620 O.R.D.C.T. CAU...ED 1.103 􀁎􀀻􀀮􀁾 . BUU.OUGHAYKOS 0fF1CE BUIlDING NO. I. LP. ....NE
11. 1.. VOL 􀁬􀁥􀁬􀀱􀁾 PC. 03'" D.R.D.C.T. P.O.B. rno, 1/2" IRON ROO ,. -t8in .. 8:i 􀁉􀁾􀁾 GRAPHIC SCALE I INn·oj 0= I;n co T PARCEl 12 A PLAT Of A 1.0855 ACRE (47,282 SQ. FT.) TRACT
or LAND IN THE DAVID MYE RS SURVE Y ASS TRACT NO. 923 TOWN or ADDIS ON DALLAS COUNTY, TE XAS 50 0 25 50 100 ..... I! I o' '..., 11)£YOm> rAlYlElRS SMIRY!!" &..123 CAU...ED 4.011 AC•
PUBUC STORAGE Of DAlLAS, LTO. OCTOBER 3, "71 VOL 7"", PC. 3188 D.R.D.C.T. (C'lLlD EAST) S 89'58'4,° E -!507.75' LOT 3 WATSON AND TA'YtOR SUBDIVISION NO. 2 SEPTEMBER 12, 1979 VOl.. 79180.
PG. 0888 D.R.D.C. T. --_ ,J.. c:w N e9'58'49"' -180.81' :aJj.: \ 􀁾􀀮􀁾􀀭 <.I 􀁜􀀬􀀬􀁾 f4, -;. OF ,. 􀁾􀁾 II.'? 􀁾 /:' .. \ 􀁁 􀀢􀁜􀀭􀀺􀀧􀀭􀁩􀀧􀀻􀁜􀀡􀀧􀁩􀁔􀁾􀀮􀀻􀁾􀀢􀀺􀀧􀀢 \ . 􀀬􀀮􀁾
('-1(, }􀀻􀀧􀁾􀁾􀁾􀀧􀁦􀁦􀁾􀀧􀁾􀁾􀁾􀀺􀀧􀀻􀀧􀁩􀀧􀀰 􀁾􀁜􀀬 o DENOTES A rOUND POINT AS INDICATED :, 􀀢􀀮􀀺􀀻􀀮􀀻􀀭􀀢􀁾􀀢􀀧􀀢 .. -.:.:.... }' • DENOTES A 5/8" IRON ROO SET UNLESS 􀁾􀁲􀀢 ·.i':.I.t}I[1
􀀮􀀢􀀺􀁾 r OTl-JERWlSE NOTEO \1 􀁖􀀱􀀺􀁾􀀺􀁾􀀮􀁦􀁾􀀮􀀺􀀺􀀬\:':' I( \:' ---PROPOSED RIGHT or WAY LINE J ii·:) .8u\'(:2.I'(, At( rG 􀁙􀁾􀀢􀀧􀀺􀀢􀁾􀁩􀁾 ',060 • 1//:7 -'1! 30' 'ATER 􀁅􀁁􀁓􀁅􀁍􀁅􀁎􀁔􀁾
-\--------􀁾PROPOSED ARAPAHO ROAD"---so' DRAINAGE CHANNE L EASEMENT CHORD DAUAS ARE A RAPID TRANSIT PROPERTY ACQUlSInON CORPORAnON (100' R.O••.) DEcEMBER 27, 1010 VOL "008, PC. 1390
D.R.O.C.T. S 78'17'39" • -332.48' .,.-\..􀁾 ....., I:'..' NOTES: ALL EASEMENTS SHOWN ARE TAKEN FROM Tl-JE PLATS INDICATED: HEREON. Tl-JE SURVEYOR DID NOT ABSTRACT Tl-JE 􀁓􀁕􀁂􀁾􀁃􀁔
PROPERTY SO ALL EASEMENTS MAY NOT BE SHOWN. ALL BEARINGS ARE REFERENCED TO Tl-JE NORTH RIGHT Of WAY LINE Of CENTURION WAY, CALLED S 89'51'55" E. ACCORDING TO Tl-JE nNAL PLAT or LOT 3,
SURVE YOR ADDmON. RE CORDE D IN VOl. 77173, PAGE 135. D.R.DC.T. A LEGAL DESCRIPTION or EVEN SURVEY DATE HEREWITH ACCOUPANIE S Tl-JIS PLAT. I I ..,: : ID ... 􀁾􀀺 -d 􀁜􀁉􀁄􀁾 " 􀁃􀁉􀁉􀁉􀁾􀁦􀀧􀀡􀁾􀁤􀁾
􀁾 III<C-J-li.d 􀁾 􀁾􀁾􀁾􀀧􀀺􀀱􀁷􀁬􀀧􀁱 􀁾􀀭 􀁾􀁃􀀱􀀱 •• ,::1IIi §, --u -Z1,.1..I0 . .,; 􀂧􀁩􀁩􀁬􀁯􀁾 '"" z. 􀀺􀀻􀁩􀁾 􀁾 °D . 􀁾􀁾 􀁾􀀸 a: CJI Z 0-III 􀁳􀀺􀀡􀁣􀁩􀁾􀁬􀁉􀁬􀀬 􀁾􀁺􀁾􀁾􀁾
-oz __ .0 ..... ZQ..,Nci 0<C1Il co. -J,::;Xoo: 􀁾􀁏􀁵􀁾􀁣􀁩 􀁭􀁾 , ,/􀁾􀁾􀀺􀀺􀀺􀁉􀀮􀁊􀀬 :1Il 􀁾􀀺
Parcel 13 Field Note Description Arapaho Road Project Town of Addison Dallas County, Texas BEING a description of a 1.0955 acre (47, 722 square foot) tract of land situated in the David
Myers Survey, Abstract Number 923, Town of Addison, Dallas County, Texas, and being a portion of a called 137,968 square foot tract of land conveyed to Public Storage of Dallas, LTD.
on June 13, 1978 and recorded in Volume 78115, Page 3018 of the Deed Records of Dallas County, Texas, said called 137,968 square foot tract being all of Lot 1, of the Watson and Taylor
Subdivision, an addition to the Town of Addison, as evidenced by the plat dated March 31, 1978 and recorded in Volume 78082, Page 889 of said Deed Records, said 1. 0955 acre tract of
land being more particularly described by metes and bounds as follows; BEGINNING at a 5/8 inch iron rod set in the proposed North right of way line of Arapaho Road and the South right
of way line of a 100 foot wide railroad right of way as conveyed to Dallas Area Rapid Transi t Property Acquisition Corporation (herein referred to as DART) on December 27, 1990 and
recorded in Volume 91008, Page 1390 of said Deed Records, said point being the common Northeast corner of said called 137,968 square foot tract and Northwest corner of a called 4.081
acre tract of land conveyed to Public Storage of Dallas, LTD. on October 3, 1979 and recorded in Volume 79196, Page 3188 of said Deed Records, said called 4.081 acre tract being all
of Lot 3, of the Watson and Taylor Subdivision No.2, an addition to the Town of Addison, as evidenced by the plat dated September 12, 1979 and recorded in Volume 79180, Page 0888 of
said Deed Records; THENCE, SOUTH 00°33'49" EAST (called South 00°26'30# East), departing said lines and along the common East line of said called 137,968 square foot tract and West line
of said called 4.081 acre tract, a distance of 146.53 feet to a point in a curve of the proposed South right of way line of Arapaho Road; THENCE, departing said common line and along
the proposed South right of way line of Arapaho Road the following courses and distances; Paae 1 of 3
PARCEL 13 -ARAPAHO ROAD PROJECT SOUTHWESTERLY, along the arc of a non-tangent curve to the left having a radius of 818.00 feet, a central angle of 7°15'29", a chord bearing South 62°56'22"
West a distance of 103.55 feet, for an arc distance of 103.62 feet to the point of tangency of said curve; SOUTH 53°39'46" WEST, a distance of 130.54 feet to an "X" in concrete set for
an angle point; SOUTH 56°50'32" WEST, a distance of 31.95 feet to a point in the common West line of said called 137,968 square foot tract and East line of a called 2.20 acre tract of
land conveyed to the City of Addison on June 28, 1977 and recorded in Volume 77135, Page 1581 of said Deed Records; THENCE, NORTH 00°27'52" WEST (called North 00°26'30" West), departing
said line and along the common West line of said called 137,968 square foot tract and East line of said called 2.20 acre tract, a distance of 288.54 feet to a 1/2 inch iron rod found
in the proposed North right of way line of Arapaho Road and the South right of way line of said said DART railroad, said point being the common Northwest corner of said called 137,968
square foot tract and Northeast corner of said called 2.20 acre tract; THENCE, SOUTH 89°58'49" EAST (called EAST), departing said common line and along the common North line of said
called 137,968 square foot tract, proposed North right of way line of Arapaho Road, and South right of way line of said DART railroad, a di stance of 225.02 feet (called 225 feet) to
the POINT OF BEGINNING; CONTAINING an area of 1.0955 acres or 47,722 square feet of land within the metes recited. .':" Page 2 of 3
PARCEL 13 -ARAPAHO 􀁾􀁏􀁁􀁄 PROJECT All bearings" are referenced to the North Right of Way line of Centurion Way, called S 89°51'55" E, according to the final plat of Lot 3, Surveyor
Addition, recorded in Vol. 77173, Page 135, Deed Records of Dallas County, Texas. A plat of description. even survey date herewith accompanies this I, Ayub R. Sandhu, a Registered Professional
Land Surveyor., hereby certify that the legal description hereon and the accompanying plat represent an actual survey made on the ground under my supervision. 􀁁􀀱􀀱􀁾􀀮􀁻􀁮􀁾􀀯􀁾􀁾􀀻􀀧􀀭􀀱􀀧􀁲
Texas Registration No. 2910 􀀮􀁾.. Page 3 of 3
E XHISIT "s" PARCEL 13 A PLAT Of A 1.0955 ACRE (47,722 SO. fT.) TRACT Of LAND IN THE DAVID t.fYE RS SURVE Y ASS TRACT NO. 923 TOWN Of ADDISON DALLAS COUNTY, 1£ XAS o 30 60 120 􀁾.._
...... ;. ! GRAPHIC SCALE 1 INCH -60 fT. CAU.EO 4.081 A.C. PU8lJC 5 TORAQ[ OF DALlAS, LTD. OCTOBER 3, 1978 VOL 79111I. PC. 3188 D,R.D.C.T. lOT 3 WATSON AND TA'tlOR SUBDIVISION NO. 2
SEPTEMBER 12, 1979 VOL. 79180. PG. 0888 D.R.D.C. T. 􀁛􀁑􀀩􀁾 􀁾􀁏􀁛􀁑􀀩 IMIW[g!fR$ 􀁾􀁛􀁬􀁊􀁊􀁾􀁾􀁾􀁗 􀁾􀁡􀁾􀁾􀁾 P.O.B. I ; LOT, 1 I WATSON AND TA'tlOR SUBDIVISION ; I MARCH 31. '1978
Vol. 78082. PC. 889 DR.D.C.T. iII R 􀁅􀁁􀁓􀁅􀁍􀁅􀁎􀁔􀁾 tl 30' WAlE __ ___ L _ 􀁾 -C---􀁾􀁾 50' DRAINAGEE CNTHANNEL􀁾 •􀁾 .1 EASEM _\ l/lW -----􀀭􀁾􀁴 (CAUE 0 [AS T) S 89'58'49" E -225.02'
I /l 􀁾 ( .\ 0 􀁾 􀁾 , 􀁾􀁏􀁾 Z I I z. 􀁾..􀁑..􀀮􀀮􀀢􀀢 􀁾􀁾􀀺 􀁾􀁑 W" fP. I 􀁾􀁾 i􀁖􀁾􀁴􀁉 . ! 􀁾􀁾􀁾􀁗 ii'• I It: , 􀁾􀁾 '\ 􀁾􀀩;􀀺􀀮􀀮 , I ...... I I 􀁾 ..,. .• 8 SQ. n. t:J'5,"P'
I 􀁃􀁁􀁕􀀮􀁅􀁾􀁃􀀧􀁾􀁾􀀺􀁁􀁑􀁛 􀁾 0; I : PU ALLAS, LTD. ' . D... 1978 II􀁾 I .lJNE..... J01a • 78115, PC. VOL D.R.D.C. T. 􀁾 􀁻􀁾 ;l eo:'\., 􀀬􀁾 II) ""r 􀁾 .§... f' , , ' 􀀭􀀧􀁾􀀧........;./I'
Z " _. . . 1 fNO. '/2" IRON ROO 􀁾􀁏􀁒􀁄 5 112'58'22· • -103.55' CAU.ED 2.20 AC. OlY Of AODISION .lJNE 28. 19n VOL 77135. PG. 1581 D.R.D.C.T. DAlliS ARE A RAPID TRANSIT PROPE RlY ACQUISITION
CORPORAnON . (100' R.O.I.) DECEMBER 27, 1990 VOL 91008. PG. 1390 D.R.D.C.T. .. .' I:" 􀁾 I" 1_ -• .....::..., t BEARING UNE TABlE 5 58'50'32" • 11+, ".,. NOTES: All EASEMENTS SHOWN ARE
TAKEN fROM -mE PLATS INDICATED HEREON. THE 􀁓􀁕􀁒􀁾􀁙􀁏􀁒 DID NOT ABSTRACT THE SUBJECT PROPERlY SO ALL EASEMENTS MAY NOT BE SHOWN. All BEARINGS ARE REfERENCED TO lHE NORlH RIGHT Of lAY
LINE Of CENTURION WAY. CALLED S 89'51'55" E, ACCORDING TO • lHE nNAL PUT Of LOT 3, 􀁓􀁕􀁒􀁾􀁙􀁏􀁒 ADDITION. RECORDED IN • VOL. 77173. PAGE 135. D.R.D.C.T. A LEGAL DESCRlPllON Of 􀁅􀁾􀁎
􀁓􀁕􀁒􀁾􀁙 DATE HEREWllH ACCOMPANIES THIS, PLA.T. t -J",f) II' I
EXHIBIT B TO SPECIAL WARRANTY DEED 1. Standby. fees, taxes and assessments by any taxing authority for the year 200_, 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. 2. Any discrepancies, conflicts, or shortages in area or boundary lines,
or any encroachments, or protrusions or any overlapping of improvements. 3. [Schedule B exceptions to title policy]
EXHIBIT C TO SPECIAL WARRANTY DEED 4.1 Seller's Representations and Warranties. Seller makes the following representations and warranties: (a) Seller has the full right, power, and authority
to sell and convey the Property and the Easement Area as provided in this Contract and to carry out Seller's obligations hereunder, and all requisite action necessary to authorize Seller
to enter into this Contract and to carry out its obligations hereunder has been, or by the Closing will have been, taken; (b) Seller has not received notice from any governmental or
quasi-governmental agency requiring the correction of any condition with respect to the Property or the Easement Area, or any part thereof, by reason of a violation of any federal, state,
county or city statute, ordinance, code, rule or regulation or stating that any investigation is being commenced or is contemplated regarding any of the foregoing; (c) There are no leases,
licenses or other agreements or obligations to which Seller is a party or by which Seller, the Property, or the Easement Area is bound which affect or may affect the Property or the
Easement Area or the use thereof by the Buyer; (d) Seller has not itself, and to the best of Seller's knowledge no prior owner or current or prior tenant or other occupant of all or
any part of the Property or the Easement Area at any time has used or deposited Hazardous Materials (hereinafter defined) on, from, or affecting the Property or the Easement Area in
any manner that violates federal, state, or local laws, ordinances, orders, policies, rules, standards, or regulations (and including, without limitation, the Comprehensive Environmental
Response, Compensation and Liability Act, the Superfund Amendment and Reauthorization Act, the Resource Conservation Recovery Act, the Federal Water Pollution Control Act, the Federal
Environmental Pesticides Act, the Clean Water Act, the Clean Air Act, and all so-called federal, state and local "superfund" and "superlien" statutes) governing or regulating the use,
storage, treatment, transportation, generation, or disposal of Hazardous Materials (collectively, the "Environmental Laws") and to the best of Seller's knowledge no Hazardous Materials
have been disposed of on the Property or the Easement Area. "Hazardous Materials" shall mean and include those elements or compounds which are contained in the list of Hazardous Substances
adopted by the United States Environmental Protection Agency and the list of toxic pollutants designated by Congress or the Environmental Protection Agency, and any flammable substances,
explosives, radioactive materials, hazardous waste, toxic substances, pollutants, pollution or related materials regulated under any of the Environmental Laws; (e) No work has been performed
or is in progress at, and no materials have been furnished to, the Property or the Easement Area which, though not presently the subject of, might give rise to, mechanics', materialmen's
or other liens against the Property or the Easement Area
-, or any portion thereof. If any lien for such work is filed before or after Closing hereunder, Seller shall promptly discharge the same. (f) Neither the Property nor the Easement Area,
nor any part of the Property or the Easement Area, is subject to or the subject of any litigation, or other legal or administrative proceeding to which Seller is a named party, and Seller
has no actual knowledge of any facts which might result in any such litigation or proceedings and no actual knowledge of any litigation or other legal or administrative proceeding involving
the Property or the Easement Area.
Exhibit D to Contract of Sale EXHIBIT D TO CONTRACT OF SALE
-TEMPORARY CONSTRUCTION EASEMENT STATE OF TEXAS COUNTY OF DALLAS §§§ KNOW ALL MEN BY THESE PRESENTS: WHEREAS, Public Storage of Dallas, Ltd., a Texas limited partnership, is the sole
owner of those certain tracts of land described in Exhibit A attached hereto (the said tracts of land being referred to herein together as the "Storage Property") and made a part hereof
for all purposes, which includes those tracts of land described in Exhibit B attached hereto and made a part hereof for all purposes (the said tracts of land being referred to. herein
together as the "Easement Area"); and WHEREAS, the Town of Addison, Texas intends to construct, by and through a third party contractor (the "Contractor") an extension of Arapaho Road
through a portion of the Town (the "Roadway Improvements"), a part of which Roadway Improvements is located adjacent to the Easement Area, and in connection therewith the Town requires
the use of the Easement Area for the purposes set forth herein. NOW, THEREFORE, Public Storage of Dallas, Ltd., LTD., a Texas limited partnership (hereinafter called "Grantor"), for
good and valuable consideration of the sum of Ten and Noll 00 Dollars ($10.00) and other good and valuable consideration to Grantor in hand paid by the Town of Addison, Texas (hereinafter
called "Grantee"), the receipt and sufficiency of which is hereby acknowledged and confessed, has GRANTED, SOLD AND CONVEYED, and by these presents does GRANT, SELL AND CONVEY unto Grantee,
its successors and assigns, for those purposes hereinafter set forth, a temporary and exclusive easement and right-of-way (the "Easement") in, over, above, under, across, and to that
certain lot, tract or parcel of land (the "Easement Area") situated in the Town of Addison, Dallas County, Texas, and being more particularly described in Exhibit B attached hereto and
made a part hereof for all purposes, subject only to the exceptions and encumbrances described in the attached Exhibit D (the "Pennitted Exceptions"). The Easement may be used by Grantee,
its officers, employees, contractors, agents, successors, and assigns, in connection with activities relating to the construction of the Roadway Improvements (the "Project") and all
appurtenances thereto, including, without limitation, utility Temponu)' Construction Easement Page 1 of4
installation and relocation, drainage structures and landscaping, the modification and removal of existing structures (including structures located within the Easement Area), the perfonnance
of necessary excavation, boring, backfilling, embedding, drilling, grading and paving, the construction of curbs, gutters, maintenance and storage of equipment and materials, the activities
described in Exhibit C attached hereto and incorporated herein (including, without limitation, the construction of a wall and security gate to be located generally as shown and depicted
in Exhibit C), and the use of the Easement for access, ingress to, and egress between the site of construction and public rights-of-way. Upon final completion of the activities described
herein, but in no event more than thirty (30) months from and after the date Grantee issues to the Contractor a notice to proceed with construction of the Roadway Improvements, Grantee,
its sUccessor or assign, shall return the Easement Area to the condition as described in Exhibit C attached hereto and incorporated herein, and the Easement shall automatically tenninate
(except that those obligations stated in Exhibit C hereto as surviving the tennination or expiration of this Temporary Construction Easement (the "surviving obligations") shall survive
such automatic tennination). Upon the request of Grantor, Grantee shall execute a memorandum of tennination for recordation by Grantor in the real property records of Dallas County,
Texas, which memorandum shall include a reference to the surviving obligations. Grantee shall not pennit any worker's, mechanic's or materialman's lien or liens to be placed on the Storage
Property or the Easement Area caused by or resulting from any work perfonned, materials furnished or obligations incurred by, at the request of, or on behalf of, Grantee under or pursuant
to this Temporary Construction Easement, and, in the case of the filing any such lien, Grantee promptly shall have the same released or insured or bonded around within thirty thirty
(30) days of the filing of such lien or liens. It is acknowledged and agreed that Grantee is acquiring this Temporary Construction Easement in connection with Grantee's construction
and operation of the Roadway Improvements. The consideration exchanged between the parties hereto for this Temporary Construction Easement shall be considered full compensation for this
Easement and for any severance damages, or any damages to, or diminution in the value of, other lands belonging to Grantor, that may be claimed or asserted by virtue of such acquisition
and use of this Temporary Construction Easement by Grantee. Temporal)' Construction Easement Page 2 of4
The 􀁲􀁥􀁣􀁩􀁴􀁡􀁬􀁾􀁦􀁩􀁉􀀺􀁳􀁴 set forth above are incorporated into and made a part of this Temporary Construction Easement. From the date of execution of this Temporary Construction
Easement through the date of its termination, Grantor shall not store, place, install or release and shall not allow or permit the storage, placement, installation or release of Hazardous
Materials (as defined in the attached Exhibit C) of any kind in, under, or above the improvements on the Easement Area or into or onto the surface water, ground water, soil, surface
or subsurface of the Easement Area. In the event of such storage, placement, installation or release, Grantor shall promptly cause the removal and clean-up of any such Hazardous Materials
at Grantor's sole cost and expense, and Grantor shall defend, indemnify and hold harmless the Town of Addison, its officials, officers, employees, agents and contractors from and against
any and all claims, actions, or judgments in connection therewith. TO HAVE AND TO HOLD the Easement, together with all and singular the rights, privileges, and appurtenances thereto
in anywise belonging, unto Grantee, its successors and assigns; and Grantor does hereby bind itself, its successors and assigns, to WARRANT AND FOREVER DEFEND all and singular the Easement
unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the Permitted Exceptions when the claim
is by, through, or under Grantor, but not otherwise. PROVIDED, HOWEVER, THAT THE EASEMENT AREA IS CONVEYED AND TRANSFERRED TO GRANTEE "AS IS, WHERE IS, AND WITH ALL FAULTS AND PATENT
AND LATENT DEFECTS", AND, EXCEPT AS EXPRESSLY OTHERWISE SET FORTH HEREIN AND IN ARTICLE IV, SECTION 4.1, OF THAT CONTRACT OF SALE DATED BETWEEN GRANTOR (AS SELLER) AND GRANTEE (AS BUYER)
(A TRUE AND CORRECT COpy OF WHICH SECTION IS ATTACHED HERETO AS EXHIBIT E), GRANTOR HAS NOT MADE, DOES NOT MAKE, AND SPECIFICALLY DISCLAIMS, ANY REPRESENTATION, PROMISE, COVENANT, AGREEMENT,
GUARANTY OR WARRANTY OF ANY KIND OR CHARACTER, EXPRESS OR IMPLIED, OR ARISING BY OPERATION OF LAW, AS TO THE QUANTITY, QUALITY, CONDITION, SUITABILITY, HABITABILITY, OR FITNESS OF THE
EASEMENT AREA FOR ANY PURPOSE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION REGARDING SOIL CONDITIONS, AVAILABILITY OF UTILITIES, DRAINAGE, ZONING LAWS, ENVIRONMENTAL
LAWS, OR ANY OTHER FEDERAL, STATE OR LOCAL STATUTES, CODES, REGULATIONS OR ORDINANCES. GRANTEE ALSO ACKNOWLEDGES AND AGREES THAT GRANTEE'S INSPECTION AND INVESTIGATION OF THE EASEMENT
AREA HAVE BEEN ADEQUATE TO Temporary Construction Easement Page 3 of4
ENABLE GRANTEE TO MAKE GRANTEE'S OWN DETERMINATION WITH RESPECT TO THE SUITABILITY OR FITNESS ,OF THE EASEMENT AREA, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO SOIL CONDITIONS, AVAILABILITY
OF UTILITIES, DRAINAGE, ZONING LAWS, ENVIRONMENTAL LAWS, AND ANY OTHER FEDERAL, STATE OR LOCAL STATUTES, CODES, REGULATIONS OR ORDINANCES. GRANTEE ACKNOWLEDGES THAT THE DISCLAIMERS,
AGREEMENTS AND OTHER STATEMENTS SET FORTH IN THIS PARAGRAPH ARE AN INTEGRAL PORTION OF THIS TEMPORARY CONSTRUCTION EASEMENT AND THAT GRANTOR WOULD NOT AGREE TO GRANT AND CONVEY THIS
TEMPORARY CONSTRUCTION EASEMENT WITHOUT THE DISCLAIMERS, AGREEMENTS AND OTHER STATEMENTS SET FORTH IN THIS PARAGRAPH. GRANTEE FURTHER ACKNOWLEDGES THAT GRANTEE IS NOT IN A DISPARATE
BARGAINING POSITION WITH RESPECT TO GRANTOR. EXECUTED this__day of , 2003. GRANTOR: PUBLIC STORAGE OF DALLAS, LTD. By: Watson & Taylor Management, Inc., a Texas corporation, its sole
general partner By: _ A. Starke Taylor III, President Watson & Taylor Management, Inc. Accepted and and Agreed: EXECUTED this__day of , 2003. GRANTEE: TOWN OF ADDISON, TEXAS By: _ Ron
Whitehead, City Manager STATE OF TEXAS §§ Temporary Construction Easement Page 4 of4
COUNTY OF 􀁄􀁾􀁌􀁁􀁓 § This instrument was acknowledged before me on this__day of , 2003, by A. Starke Taylor III, President of Watson & Taylor Management, Inc., a Texas corporation,
the sole general partner of Public Storage of Dallas, Ltd., a Texas limited partnership, on behalf of the said limited partnership. [Seal] STATE OF TEXAS §§ COUNTY OF DALLAS § By: _
Notary Public, State of Texas My Commission Expires: _ This instrument was acknowledged before me on this__day of , 2003 by Ron Whitehead, City Manager of the Town of Addison, Texas,
a Texas municipal corporation, on behalf of the said municipal corporation. [Seal] By: _ Notary Public, State ofTexas My Commission Expires: _ GRANTEE'S ADDRESS: Town of Addison, Texas
P. O. Box 9010 Addison, Texas CONSENT OF LIENHOLDER The undersigned, as the holder of lien(s) on the fee simple title to the Easement Area, consents to the above grant of temporary construction
easement, including the terms and conditions of such grant. (Name of Lienholder) By: _ Name: _ Temporary Construction Easement Page 5 of4
Title: _ Before me, the undersigned authority, on this day personally appeared _________, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged
to me that he executed the same for the purposes and consideration therein expressed. [Seal] Temporary Construction Easement Page 6 of 4 By: _ Notary Public, State of Texas My Commission
Expires: _
EXHIBIT A TQ TEMPORARY CONSTRUCTION EASEMENT The Storage Property is described as follows: A called 4.081 acre tract of land conveyed to Public Storage of Dallas, LTD. on October 3,
1979 and recorded in Volume 79196, Page 3188 of the Deed Records of Dallas County, Texas, said called 4.081 acre tract being all of Lot 3 of the Watson and Taylor Subdivision No.2, an
addition to the Town of Addison, as evidenced by the plat dated September 12, 1979 and recorded in Volume 79180, Page 0888 of said Deed Records; and A called 137,968 square foot tract
ofland conveyed to Public Storage of Dallas, LTD. on June 13, 1978 and recorded in Volume 78115, Page 3018 of the Deed Records of Dallas County, Texas, said called 137,968 square foot
tract being all of Lot 1 of the Watson and Taylor Subdivision, an addition to the Town of Addison, as evidenced by the plat dated March 31, 1978 and recorded in Volume 78082, Page 889
of said Deed Records. Exhibit A to Temporary Construction Easement
EXHIBIT B TO TEMPORARY CONSTRUCTION EASEMENT Exhibit B to Temporary Construction Easement
Parcel 12-TE Field Note Description Arapaho Road Project Town of Addison Dallas County, Texas BEING a description of a 0.5291 acre (23,049 square foot) tract of land situated in the
David Myers Survey, Abstract Number 923, Town of Addison, Dallas County, Texas, and being a portion of a called 4.081 acre tract of land conveyed to Public Storage of Dallas, LTD. on
October 3, 1979 and recorded in Volume 79196, Page 3188 of the Deed Records of Dallas County, Texas, said called 4.081 acre tract being all of Lot 3, of the Watson and Taylor Subdivision
No.2, an addition to the Town of Addison, as evidenced by the plat dated September 12, 1979 and recorded in Volume 79180, Page 0888 of said Deed Records, said 0.5291 acre tract of land
being more particularly described by metes and bounds as follows; COMMENCING at the common Northeast corner of said called 4.081 acre tract and Northwest corner of a called 1.103 acre
tract of land conveyed to Bullough/Lykos Office Building No.1, L. P. on June 11, 1998 and recorded in in Volume 9S115, Page 03999 of said Deed Records, said called 1.103 acre tract being
all of "Lot 5, Surveyor Addition, Addison West Industrial Park-, an addition to the Town of Addison, as evidenced by the plat dated February 7, 1979 and recorded in Volume 79053, Page
0620 of said Deed Records said corner being in the proposed North right of way line of Arapaho Road and the South right of way line of a 100 foot wide railroad right of way as conveyed
to Dallas Area Rapid Transit Property Acquisition Corporation on December 27, 1990 and recorded in Volume 9100S, Page 1390 of said Deed Records; THENCE, SOUTH 00006'OS-WEST (called South
00°08'05" West), departing said lines and along the common East line of said called 4.0S1 acre tract and West line of said called 1.103 acre tract, a distance of 78.95 feet to a point
in the proposed South right of way line of Arapaho Road for the Northeast corner and POINT OP BBQXHNXNG of the herein described tract; THENCE, SOUTH 00°06'08-WEST continuing along said
common line, line, a distance of 40.00 I to the most Easterly Southeast corner of the herein described tract; ,', Page 1 of 3
PARCEL 12-TE -ARAPAHO ROAD PROJECT THENCE, 􀁎􀁏􀁒􀁾􀁈􀀸􀀹􀂰􀀵􀀸􀀧􀀴􀀹􀀢 WEST, departing said common line, a distance of 180.55 feet to the point of curvature of a tangent curve to the
left; THENCE, SOUTHWESTERLY, along the arc of said curve to the left having a radius of 778.00 feet, a central angle of 15°58'34", a chord bearing South 82°01'54" West a distance of
216.23 feet, for an arc distance of 216.93 feet to an angle point; THENCE SOUTH 89°51'04" WEST, a distance of 57.80 feet to a point for corner; THENCE, SOUTH 00°24' 42" EAST, a distance
of 18.80 feet to the point of curvature of a non-tangent curve to the left; THENCE, SOUTHWESTERLY, along the arc of said curveto the left having a radius of 778.00 feet, a central angle of 01°56'00", a chord bearing South 68°36'19 M West a distance of 26.25 feet, for an arc distance of 26.25 feet to an angle
point; THENCE SOUTH 00°05'59" WEST, a distance of 109.96 feet to the most Southerly Southeast corner of the herein described tract; THENCE SOUTH 89°26'35 M WEST, a distance of 27.71
feet to the southwest corner of the herein described tract and being in the common West line of said called 4.081 acre tract and East line of a called 137,968 square foot tract of land
conveyed to Public Storage of Dallas, LTD. on June 13, 1978 and recorded in Volume 78115, Page 3018 of said Deed Records, said called 137,968 square foot tract being all of Lot 1, of
the Watson and Taylor Subdivision, an addition to the Town of Addison, as evidenced by the plat dated March 31, 1978 and recorded in Volume 78082, Page 889 of said Deed Records; THENCE,
NORTH 00033'49M WEST (called North 00°26'30" West), along said common line, a distance of 141.29 feet to a point In said proposed South right of way line of Arapaho Road, being in a
non-tangent curve to the right; THENCE, NORTHEASTERLY, departing said common line, along said proposed South right of way line of Arapaho Road and the arc of said curve to the right
having a radius of 818.00. feet, a central angle of 23°27'04 M , a chord bearing North 78°17'39" East a distance of 332.48, for an arc distance of 334.81 feet; Page 2 of 3
PARCEL 12-TE -ARAPAHO ROAD PROJECT THENCE, SOtJrH'89°58'49" EAST, continuing along said proposed South right of way line, a distance of 180.61 feet to the POINT OF BEGINNING; CONTAINING
an area of 0.5291 acres or 23,049 square feet of land within the metes recited. All bearings are referenced to the North Right of Way line of Centurion Way, called S 89°51'55" E, according
to the final plat of Lot 3, Surveyor Addition, recorded in Vol. 77173, Page 135, Deed Records of Dallas County, Texas. A plat of description. even survey date herewith accompanies this
I, Ayub R. Sandhu, a Registered Professional Land Surveyor, hereby certify that the legal description hereon and the accompanying plat represent an actual survey made on the ground under
my supervision. 􀁾􀁾 􀁾􀀭􀀧􀁉􀀭􀁾􀀲􀀮 AyUb R. Sandhu, R.P.L.S. Texas Registration No. 2910 .". Page 3 of 3
CAlUD 1.103 AC. IIUlLGUGttA,*os omcE 􀁾􀀬􀀬􀁾􀀮􀀬􀀬􀁾􀀮 .AJHE 11, 1ttl WI... "'150 PO. D.R.D.C.T. P.O.B. 􀁬􀁉􀁩􀁣􀁩􀀵􀀵􀁩􀁾􀀲 -(CM1.£D S S OO"08'OB" • 40.00' ... 􀁟􀀮􀁾􀀮􀀭 ....--N .'58"4'-•
S0"".'-E-1eo.i,' CAU.ED 4.01' AC. PUBUC STORAGE Of DAU..AS, L10. OCTC&R 3" 1171 WI... 7"., PO. 31. S 00"24'42-E D.R.D.C.T. 18.110' --..:---:::-:" 􀁾 ----.".' . , 􀁾 ."./-C1 LOT J WATSON
AND TAYlOR ,.. :)f.1lU 􀁾􀁾__. ,_SUBD""SION NO. 2 • .-. SEPTEMBER 12, 1979 VOL. 79180. PC. 0888 D.R.D.C.T. -.-􀁾􀁁􀁬􀁬􀁁􀁓 AREA'iAPtomANslT PROPERTY ACQIJISITION CORPORAnON (100' RoO••.)
DEctWBER 27, ,1990 . VOL 9100e. PG. 1J9O . ' D.R.D.C.T.· , . . II IIII'' A EXHIBIT "B" ' i I ' 7 \ P.O.C 􀀭􀁾 1 '0' • A1"£R 'AS'MENT􀁾 Ill,\\W61ll 􀀱􀁩􀀡􀁩􀁾􀁾􀁉􀀱􀀤 􀀤􀁾􀁉􀁉􀁗􀁾􀀱􀁉􀀧
F • "N-) 􀁟􀁾􀀧----; _•• _,' _ _ _ 􀁾􀁯􀁾􀁾􀁾 􀁟􀁾􀀬 r SO• 􀁐􀁒􀁾􀁏􀁓􀁅􀁄 ARAPAHO ROAD' --Ig: DRAINAGE CHANNE L 0 8 ,... EASEMENT 􀀧􀁾 . . 0 • i VI t'. ... ·, l_Q .0 􀀢􀁬􀁑􀁾 . 􀁧􀁾􀁦􀀡􀁾􀁾􀁴􀀭􀀽
􀀡􀁾􀁾􀀻􀁾􀁾 , 􀁏􀀧􀀩􀁉􀁉􀀩􀁾􀁉􀀦􀁉􀀭􀁤 -􀁾 lQ 􀁾􀁩􀁯􀁾􀁾"0 􀀳􀁾 􀁾.. ._-_.. _..._-..--•... -.'-" NOTES: S 89'21'JS-• 27.71' DENOTES ,A fOUND POINT AS INDICATED -DENOTES' A 5/8" IRON
ROO SET UNLESS OTHERWISE NOTED -PROPOSED' RIGHT Of WAY LINE CUR\£ TABl.E CUR\£ DELTA RADIUS L£NGlH atORD C, 15'58"34-771.00' 2'1.13" S 82"01'54-• -211.23' C2 01"M'OO-n8.OO' 21.25' S
erJ8'lI-• -21.25' C3 2J'2r04-818.00' ' 334.8" N 7nrJV-E -332.48' 􀁾 .... 􀀨􀀩􀁆􀁾􀁾 AU EASEMENTS SHOWN ARE TAKEN FROM THE PLATS INDICATED Ii 􀀧􀁜􀁾 􀁲􀁾􀀬 HEREON. THE SURVEYOR DID NOT
ABSTRACT THE SUB.f:CT 􀁾 .,,.. 􀀨􀀮􀁲􀀮􀁜􀁅􀁜􀁲􀁾􀀿􀁾 􀁾􀁾 PROPERTY SO ALL EASEMENTS MAY NOT BE SHOWN. «0 􀁾􀀮 􀁾􀀬􀁜􀀻􀀧 0 lP ,L' AU BEARINCS ARE REFERENCED. TO THE NORTH RIGHT Of WAYJA.)1111
H. SMIOHU LINE Of CENTURION WAY. CALLED S 89"51'55" E, ACCORDING TO 􀁾􀀧􀁾 '1910 i' 􀁾 THE FINAL PLAT Of LOT J. SURVE yOft ADDITION. RE COftDE 0 IN 􀁯􀁾 II. 􀁾 d'" C) VOL 7717J. PACE
lJ5.D.R.D.CoT. 'l, 't-:;£,' £ .... 􀂷􀁲􀁾􀀮􀁾􀀬􀁉􀀻􀁾 A LEGAL DESCRIPnON Of EVEN SURVEY DAn: HEREWITH .i=<....􀁾 ACCOUPANIES THIS PLAT. 􀀯􀁾 -:JI-D Z. PARCEL 12-1£ A PLAT OF A A 0.5291
ACRE (23,049 SQ. n.) TRACT OF' LAND IN THE DAVID MYERS SURVEY ABS TRACT NO. 923 TOWN OF ADDIS ON DALLAS COUNTY, 1£ XAS 50 0 25 50 100 􀁾􀀭􀁾 ;; ! 􀀭􀁾 GRAPHIC SCALE 1 INCH = 50 n. IJ
0
Parcel 13-TE Field Note Description Arapaho Road Project Town of Addison Dallas County, Texas BEING a description of a 0.4361 acre (18,995 square foot) tract of land situated in the
David Myers Survey, Abstract Number 923, Town of Addison, Dallas County, Texas, and being a portion of a called 137,968 square foot tract of land conveyed to Public Storage of Dallas,
LTD. on June 13, 1978 and recorded in Volume 78115, Page 3018 of the Deed Records of Dallas County, Texas, said called 137,968 square foot tract being all of Lot 1, of the Watson and
Taylor Subdivision, an addition to the Town of Addison, as evidenced by the plat dated March 31, 1978 and recorded in Volume 78082, Page 889 of said Deed Records, said 0.4361 acre tract
of land being more particularly described by metes and bounds as follows; COMMENCING at a point being the common Northeast corner of said called 137,968 square foot tract and Northwest
corner of a called 4.081 acre tract of land conveyed to Public Storage of Dallas, LTD. on October 3, 1979 and recorded in Volume 79196, Page 3188 of said Deed Records, . said called
4.081 acre tract being all of Lot 3, of the Watson and Taylor Subdivision No.2, an addi tion to the Town of Addison, as evidenced by the plat dated September 12, 1979 and recorded in
Volume 79180, Page 0888 of said Deed Records; THENCE, SOUTH 􀀰􀀰􀀰􀀳􀀳􀀧􀀴􀀹􀁾 EAST (called South 00°26'30" East), along the common East line of said called 137,968 square foot tract
and West line of said called 4.081 acre tract, a distance of 146.53 feet to a point in the proposed South right of way I ine of Arapaho Road for the Northeast corner and POINT OF BEGINNcrNG
of the herein described tract; THENCE, SOUTH 00°33'49-EAST (called South 00°26'30" East), continuing along said common line, a distance of 141.29 feet to the Southeast corner of the
herein described tract; THENCE, SOUTH 89°26' 35-WEST, a distance of 156.19 feet to an angle point; THENCE, SOUTH 􀀵􀀳􀂰􀀳􀀹􀀧􀀴􀀶􀁾 WEST, a distance of 19.61 teet to an angle point;
THENCE, SOUTH 89°39'59-WEST, a distance of 3.80 feet to ar. angle point; Page 1 of 3
PARCEL 13-TE -ARAPAHO ROAD PROJECT THENCE, SOUTH 00°18'38" EAST, a distance of 2.77 feet to an angle point; THENCE, SOUTH 56°50' 32" WEST, a distance of 58.96 feet to the Southwest corner
of the herein described tract, said corner being in the common West line of said called 137,968 square foot tract and East line of a called 2.20 acre tract of land conveyed to the City
of Addison on June 28, 1977 and recorded in Volume 77135, Page 1581 of said Deed Records; THENCE, NORTH 00°27'52" WEST (called North 00°26'30" West), along said common line, a distance
of 47.53 feet to a point in said proposed South right of way line of Arapaho Road; THENCE, NORTH 56°50'32" EAST, a distance of 31.95 feet to a point' THENCE, NORTH 53°39'46" EAST, a
distance of 130.54 feet to a non-tangent curve to the right; THENCE, NORTHEASTERLY, along the arc of said curve to the right having a radius of 818.00 feet, a central angle of 07°15'29",
a chord bearing North 62 ° 56' 22" East a distance of 103.55 feet, for an arc distance of 103.62 feet to the POINT 0' BEGINNING; CONTAINING an area of 0.4361 acres or 18,995 square feet
of land within the metes recited. Page 2 of 3
PARCEL 13-TE -ARAPAHO ROAD PROJECT • All bearings -are referenced to the North Right of Way line of Centurion Way, called S 89°51'55" E, according to the final plat of Lot 3, Surveyor
Addition, recorded in Vol. 77173, Page 135, Deed Records of Dallas County, Texas. A plat of description. even survey date herewith accompanies this I, Ayub R. Sandhu, a Registered Professional
Land Surveyor, hereby certify that the legal description hereon and the accompanying plat represent an actual survey made on the ground under my supervision. 􀁾 􀁋􀁾􀀯􀁾􀀭􀀺􀁊􀀯􀀭􀀴􀁐􀁺􀀮
Ayub R. Sandhu, R.P.L.S. Texas Registration No. 2910 Page 3 of 3
CAUfD 4.081 AC. PUIIIJC 5 TORAGE Of DAU.AS. LID. OCTOBER 3. 111711 \Q.. 711111. PO. 3188 D.R.D.C.T• ---------LOT J WATSON AND TAYLOR SUBDIIIlSION NO.2 SEPTEMBER 12. 1979 VOL 79180. PC.
0888 D.R.D.C.T. 1&1 ;.. OR PARCEL 13-TE A PLAT OF A 􀁾􀀧􀀱􀁬 􀁾􀀭􀀭 0.4361 ACRE (18.995 SQ. FT.) .-;/1)1,;. TRACT OF LAND 􀁬􀀭􀀧􀀱􀀧􀂷􀀺􀁦􀀬􀁜􀀧􀀢􀀺􀀮􀁬􀁲􀂫􀁾􀀺􀁾􀀱 IN THE DAVID MYERS
SURVEY /, :". -.I -) 􀁾􀀩􀁜 ABSTRACT NO. 923 ; , '.' TOWN OF ADDISON I "'1' n /I' 'I II" I I 􀁾􀁜 DALLAS COUNTY. TE XAS ] 1 . . , \" '.". ".: ":0 􀁟􀀮􀁾 ",' 60 0 30 60 120 , r, If.,.'
􀁾 􀁉􀀭􀁌􀁾􀀭 !! ! A.. Hn''1/' Le:, I' -􀁑􀁏􀁾􀁾 -----r"" 􀁾 .􀁾􀁴􀁩􀀭􀀼􀀭􀀮􀀮􀀮􀀺􀀾 ----GRAPHIC SCALE 16-JI-07-1 INCH = 60 FT. S 1I"2e·.15· • r 158.11' Illljl!' ,,"(CAULD NOD'2I']D'.)
, N OO'2r52-' I 47,53' ,II f I 􀁉􀁾􀁉 􀁉􀁾􀀧 ok.... 􀁾􀀲 c .... 􀁩􀁾 c .... .0: . 0 /!', 􀁾 􀀯􀁾 I ;, , jI DE NOTE S A FOUND POINT AS INDICATED DENOTES A 5/8" IRON ROD SET UNLESS OTHERWISE
NOTED ---PROPOSED RIGHT OF WAY LINE ;I . . I ,'lj.(-to' " .",,: ,,: I.t a«JRO ,. ,-. 􀁾 1'1 'j,I N 82'M'U E -103.55' : , '. , 􀁾 I_ .1 . DALLAS AREA 'RAPID lRANSlT PRQPERTY JACQlISllION
0ClRP0RAlION '(100' R.o.•.) : I j ctli&:R 27. 1110 .:,' 11100e. PO. 1J1O D.R.O.t.T. ,( ,..... , ) 􀁾􀁄 2.20 AC. :. , " QTYOF' AODISION [1.a. 11n n135, 'PO. 1581 􀁄􀀮􀁒􀀮􀁾􀀬􀁃􀀮􀁔􀀬
rI EXHIBIT "B" j 􀁾 :: I 7 I 􀁾 . .. P.O.C. 'I f ,Cso' DRAINAGE. CHANNEL'±I -. * 􀁾 .. EASEMENT --' 11I 1 ... --1 \" . • . . .. ' .,-•. -, '. . 􀁾 .. , . 8 . f 􀁾 J ---f ",1&1 􀁟􀁾􀁲􀀽􀁄􀀭􀀺􀀷􀀧􀀸􀀱�
�􀁓􀁾􀀭􀁾􀀮􀀭􀂷.-. ,'" 􀁲􀁾􀁾 ( I I PUaJC STORAGE OF' -'; I DAU.AS. LTO. I .AJNE 13, 117. \Q.. 7.115, PO. 301. -DAD.C.T. r,,_0. til 1+ 'iI I II lINE TAIILE I V"l lINE BEARING D1ST 􀁾
,;,' L1 5 53"31...... 11.81' L2 S 81'31'51· • 3.110' L3 S 00-11'38"' E 2.77" L4 S 58"50'.12· • 58.... L5 N 􀁓􀁉􀀢􀀵􀁏􀀧􀁾 E .1UtS' NOTES: ALL EASEMENTS SHOWN ARE TAKEN FROM THE PLATS
INDICATED HE RE ON. THE SURVE YOR DID NOT ABS lRACT THE SUBJE CT PROPERTY SO ALL EASEMENTS MAY NOT BE SHOWN. All BEARINGS ARE REFERENCED TO THE NORTIi RIGHT OF WAY LINE or CENTURION
WAY. CALLED S 89"51'55" E. ACCORDING TO THE r IN AL PL A T Of LO T 3. SURVE YOR ADDlll0N. RE CORDE 0 IN VOL 7717.3. PAGE 135. DB 0 C T A LfGAL Of SCRIPTION or EV£N SURV£Y DATE HEREWITH
ACCOl.4f'ANIE S HilS PLAT.
EXHIBIT C TO TEMPORARY CONSTRUCTION EASEMENT In connection with the Roadway Improvements and the construction thereof and the use of the Easement and Easement Area by Grantee: 1. Sfructures
located on and within the Easement Area and identified as "Structures to be Demolished" on the drawing attached hereto as Exhibit C-l (prepared by HNTB and dated January, 2003, and herein
referred to as the "Demolition Plan") will be demolished and removed in their entirety. 2. Structures located on and within the Easement Area and identified as "Structures to be Partially
Demolished and Modified" on the Demolition Plan will be partially demolished and modified. With respect to such structures, Grantee will reconstruct and modify, with proper engineering,
such structures in accordance with the Demolition Plan. 3. Following the demolition and removal of the Structures to be Demolished, all metal "clips" from existing concrete pavement
will be removed. 4. Existing concrete pavement within the Easement Area will be protected, and any of such concrete pavement damaged by the construction will be restored to an equivalent
design strength and thickness. 5. Wall (a) A security wall or barrier constructed generally of masonry material (such as stone, brick, concrete, hollow-tile concrete-block, gypsum-block,
or other similar building units or materials or a combination of the same) and iron at least eight (8) feet in height (the "wall") (together with a security gate as indicated on the
drawing attached hereto as Exhibit C-2 and referred to herein as the "Drawing") shall be constructed in accordance with the standards of the Town of Addison. Such wall shall be constructed
on and within the Easement Area in the approximate location as shown on the Drawing. The elevation and design of the wall shall be submitted by the Town of Addison to Grantor for Grantor's
review and reasonable approval prior to construction. In the construction of the wall, Grantee will remove and replace any existing concrete pavement related to such construction. (b)
Upon the final completion of the wall and the acceptance thereof by Grantor and Grantee, Grantee (or Grantee's contractor) shall maintain the wall for a period oftime set forth in a
maintenance bond obtained by Grantee from its contractor, but in any event not less than one (1) year (the tenn of such bond being the "maintenance period") from such completion and
acceptance. During the maintenance period, Grantee (or its contractor) shall have the right and an easement (and Grantor hereby grants and conveys such right and easement) to use as
much of the surface of the Easement Area or other property owned by Grantor that is adjacent to the wall (the "maintenance easement area") as may be reasonably necessary from time to
time for Grantee (or its contractor) to maintain the wall; provided, however, that except in the case of an emergency, Grantee (or its contractor) shall give Grantor at least seventy-two
(72) hours written Exhibit C to Temporary Construction Easement Page 1 of2
notice prior to cOIl1ing onto the maintenance easement area for maintenance purposes. SUCH MAINTENANCE OBLIGATION AND MAINTENANCE EASEMENT SHALL SURVIVE THE EXPIRATION OR TERMINATION
OF THIS TEMPORARY CONSTRUCTION EASEMENT. (c) Upon the expiration of the maintenance period, Grantor, its successors and assigns, shall be responsible and provide for the upkeep, maintenance,
and repair of the wall (including, without limitation, any reconstruction or replacement of the wall) and shall keep the wall in a good and safe condition. In connection therewith, Grantor
(or its contractor) shall have the right and an easement (and Grantee hereby grants and conveys such right and easement) to use the public right-of-way located immediately adjacent to
the wall (the "right-of-way easement area") as may be reasonably necessary from time to time for Grantor (or its contractor) to provide for the upkeep, maintenance, and repair of the
wall; provide, however, that Grantor (or its contractor) shall give Grantee at least seventy-seventy-two (72) hours written notice prior to coming onto the right-of-way easement area
for such purposes. THIS OBLIGATION OF GRANTOR TO PROVIDE UPKEEP, MAINTENANCE AND REPAIR OF THE WALL IN A GOOD AND SAFE CONDITION FOLLOWING THE EXPIRATION OF THE MAINTENANCE PERIOD SHALL
SURVIVE THE EXPIRATION OR TERMINATION OF THIS TEMPORARY CONSTRUCTION EASEMENT AND SHALL CONSTITUTE A COVENANT RUNNING WITH THE STORAGE PROPERTY AS DESCRIBED IN EXHIBIT A TO THIS TEMPORARY
CONSTRUCTION EASEMENT. 6. "Hazardous Materials" means and includes those elements or compounds which are contained in the list of Hazardous Substances adopted by the United States Environmental
Protection Agency and the list of toxic pollutants designated by Congress or the Environmental Protection Agency, and any flammable substances, explosives, radioactive materials, hazardous
waste, toxic substances, pollutants, pollution or related materials regulated under any Environmental Laws. "Environmental Laws" means any federal, state, or local laws, ordinances,
orders, policies, rules, standards, or regulations (and including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act, the Superfund Amendment
and Reauthorization Act, the Resource Conservation Recovery Act, the Federal Water Pollution Control Act, the Federal Environmental Pesticides Act, the Clean Water Act, the Clean Air
Act, and all so-called federal, state and local "superfund" and "superlien" statutes) governing or regulating the use, storage, treatment, transportation, generation, or disposal of
Hazardous Materials. Exhibit C to Temporary Construction Easement Page 2 of2
''\;[" •... , /• _ •.􀁟􀁾􀁮􀀧􀀭􀀭􀁾􀁾􀁜􀁾􀁾􀁜􀀭􀀭􀀮􀀭􀀭􀀽􀀭􀀭􀀭􀀭􀀭􀁩􀀱 -,r:i.-· 􀀬􀁾􀁟􀀬 ". ..."" ,--"" .l '\􀁜􀀧􀀢􀁾􀁾􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀁉 I "I is:! +. ,'-". I: ' 􀁩􀁥􀁾'􀀭-,􀁾 􀁾 I 􀁲􀀭􀀭􀀭􀁾....􀀧􀁾�
�􀀭􀁜􀀭􀀭􀀭􀁬􀀢􀀧 ',I :􀁾 :1: 􀁾􀀻􀁾 '.' 􀁾􀀮 : ' " , 1:;-·· 􀀺􀀽􀀺􀀭􀁊􀁾􀀻􀀢 i:: ::/h􀁾􀁾! ' \ t.. ' I " I '_'_.,' "" ", 􀁾􀀮 .--.f§.1'=';;;;:';;;;::-._--' 􀀭􀁾􀀢 :\' : :'1:' -------)-------'I',
,.\ " -. 􀁟􀁭􀀭􀁾􀀻􀀻􀀻􀀻􀀺􀀻􀀻􀀻􀀻􀁫􀀭􀁸 􀀭􀂱􀁾􀀢 ,:\ 1 ': I. m___ 􀀭􀀭􀁾􀀭􀀭􀀭􀀭􀀭􀀭 ',-'-\\",-1-' ---r--1 = I 2--,\. ',.1, 1:1 i 􀁾􀁩􀀢 􀀭􀀧􀀼􀀧􀁜􀁾􀀧􀀮􀁜􀀧􀀺􀀢 : ::1 <! I ' "I, I
􀁾 fill 􀁾 \'" '-, " , ! 􀁾􀀻 I 􀁾􀀧􀀬'\}. : i 􀁾 ,: , " " l' ,,,'::1 il U I ,j\ ,', I :, ':\: :j 􀀺􀀱􀁾􀁜􀁜􀀢􀀮􀁌􀁾 ,: :: ,I \,,' I 'I '" ,\ '" I ,I" " " -,<.1', \ I "I ', \1 ' I '
" r' \ I " i: F", i' :' ii ,,II 1'."'I,, ",; " .. , I J 'I ". .., 1 I : iIi :.! i !􀀧􀁾􀀺􀀢 fl 􀁾􀀮 ::1 id :1 ll:::1 􀁾 I 0 : I 􀁾􀀬 'I, :' I. hi 􀀢􀁾􀁾􀀢 􀀬􀁾 :' :i 􀁾􀀻􀀺 I I '15.
15 , " 􀁾􀁾􀁾􀀺􀁬 􀁾 :il;: ;,'1 ,I q 'I' , :l< ,": ------'1 -------.J J .I -------'I'rr 'II ,----,􀀭􀀭􀀭􀀮-􀁾-􀀭-􀀭-􀀭-􀀭-􀀭--􀀭􀀭􀀭􀁾"􀀧􀁩r􀀭􀀭􀀭􀀢I, I -I "II' "'ItI 'I J ' I I J" I
== o. i :,' :l ,: . :j I. I ,I' I, t." I 􀀢􀀢􀀧􀁉􀁾 􀁾 I!' I II I .ai • '" ' 'I 􀁾 I , 'I', , I 􀀻􀁲􀁬􀁾􀁩􀀧 , ' " " I -. : 􀁾􀀺􀀺􀀺􀁪 􀁾 ._________ : 􀁾􀁟􀀫􀀭 I, I .. -I ; i 􀁾 , Exhibit
C-l
IJ-HN-ZOO] It:ll C: \Z5168-phJ\h'\Exhibits\storOQefoci lily. dQn N M, U-.-􀁾.-.cjlll! 􀁾 I • " :lr 􀁲􀀺􀀱􀁾􀁩 􀁩􀀽􀁉􀀽􀀽􀀢􀀬􀁾􀁾 STORAGE FACILITY SCALE: '" =100'
EXHIBIT 0 TO TEMPORARY CONSTRUCTION EASEMENT 1. Standby fees, taxes and assessments by any taxing authority for the year 200_, 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 Easement Area under Section 11.13, Texas Tax Code, or because of improvements not assessed for a previous tax year. 2. Any discrepancies, conflicts, or shortages in area or boundary
lines, or any encroachments, or protrusions or any overlapping of improvements. 3. [Schedule B exceptions to title policy] Exhibit 0 to Temporary Construction Easement
EXHIBIT E TO TEMPORARY CONSTRUCTION EASEMENT 4.1 Seller's Representations and Warranties. Seller makes the following representations and warranties: (a) Seller has the full right, power,
and authority to sell and convey the Property and the Easement Area as provided in this Contract and to carry out Seller's obligations hereunder, and all requisite action necessary to
authorize Seller to enter into this Contract and to carry out its obligations hereunder has been, or by the Closing will have been, taken; (b) Seller has not received notice from any
governmental or quasi-governmental agency requiring the correction of any condition with respect to the Property or the Easement Area, or any part thereof, by reason of a violation of
any federal, state, county or city statute, ordinance, code, rule or regulation or stating that any investigation is being commenced or is contemplated regarding any of the foregoing;
(c) There are no leases, licenses or other agreements or obligations to which Seller is a party or by which Seller, the Property, or the Easement Area is bound which affect or may affect
the Property or the Easement Area or the use thereofby the Buyer; (d) Seller has not itself, and to the best of Seller's knowledge no prior owner or current or prior tenant or other
occupant of all or any part of the Property or the Easement Area at any time has used or deposited Hazardous Materials (hereinafter defined) on, from, or affecting the Property or the
Easement Area in any manner that violates federal, state, or local laws, ordinances, orders, policies, rules, standards, or regulations (and including, without limitation, the Comprehensive
Environmental Response, Compensation and Liability Act, the Superfund Amendment and Reauthorization Act, the Resource Conservation Recovery Act, the Federal Water Pollution Control Act,
the Federal Environmental Pesticides Act, the Clean Water Act, the Clean Air Act, and all so-called federal, state and local "superfund" and "superlien" statutes) governing or regulating
the use, storage, treatment, transportation, generation, or disposal of Hazardous Materials (collectively, the "Environmental Laws") and to the best of Seller's knowledge no Hazardous
Materials have been disposed of on the Property or the Easement Area. "Hazardous Materials" shall mean and include those elements or compounds which are contained in the list of Hazardous
Substances adopted by the United States Environmental Protection Agency and the list of toxic pollutants designated by Congress or the Environmental Protection Agency, and any flammable
substances, explosives, radioactive materials, hazardous waste, toxic substances, pollutants, pollution or related materials regulated under any of the Environmental Laws; (e) No work
has been performed or is in progress at, and no materials have been furnished to, the Property or the Easement Area which, though not presently the subject of, might give rise to, mechanics',
materialmen's or other liens against the Property or the Easement Area or any portion thereof. If any lien for such work is filed before or after Closing hereunder, Seller shall promptly
discharge the same. Exhibit E to Temporary Construction Easement Page I of2
(f) Neithet: the Property nor the Easement Area, nor any part of the Property or the Easement Area, is subject to or the subject of any litigation, or other legal or administrative proceeding
to which Seller is a named party, and Seller has no actual knowledge of any facts which might result in any such litigation or proceedings and no actual knowledge of any litigation or
other legal or administrative proceeding involving the Property or the Easement Area. Exhibit E to Temporary Construction Easement Page 2 of2
EXHIBIT E TO CONTRACT OF SALE The Remaining Property is described as follows: 1. A called 4.081 acre tract of land conveyed to Public Storage of Dallas, LTD. on October 3, 1979 and recorded
in Volume 79196, Page 3188 of the Deed Records of Dallas County, Texas, said called 4.081 acre tract being all of Lot 3 of the Watson and Taylor Subdivision No.2, an addition to the
Town of Addison, as evidenced by the plat dated September 12, 1979 and recorded in Volume 79180, Page 0888 of said Deed Records, SAVE AND EXCEPT that portion of the Property described
in Exhibit A to this Contract of Sale and identified therein as Parcel 12; and 2. A called 137,968 square foot tract ofland conveyed to Public Storage of Dallas, LTD. on June 13, 1978
and recorded in Volume 78115, Page 3018 of the Deed Records of Dallas County, Texas, said called 137,968 square foot tract being all of Lot 1 of the Watson and Taylor Subdivision, an
addition to the Town of Addison, as evidenced by the plat dated March 31, 1978 and recorded in Volume 78082, Page 889 of said Deed Records, SAVE AND EXCEPT that portion of the Property
described in Exhibit A to this Contract of Sale and identified therein as Parcel 13. Exhibit E to Contract of Sale
Exhibit F to Contract of Sale EXHIBIT F TO CONTRACT OF SALE
I • , 13-JAN'2003 11,11 C: \2S168-Ph3\hl \E.hibi ts\storOQetoci Ii tW. c:IQ1l N STORAGE FACILITY EXHIBIT F SCALE: 1"=100' l:' I:I.:".i::: J􀁾􀀻􀀻􀀻􀀺􀁾􀀭 􀁾..-􀁾􀀺􀁴􀁦􀁬􀁊􀁬􀁴􀁄􀁩􀁬􀁩􀁵􀀢􀁲
hill Inmlll JlnmlUUl􀁾1m:mnl!!lJ!I!!I! 111I1 􀁭􀁵􀀡􀁴􀁮􀁾􀁮􀁕􀁈􀁬􀁴􀁗􀁬􀀮􀀻􀁵􀁮􀁬􀁬􀁗 nllU WIIWUJlIl!+!m 114lWl-m;UWUmtU41WIt+J+mU-llU·Hl-mnl-llW-wrum . -------.-DALLAS AREA RAPID TRANSIT
-. -. /1. --. PROPERTY ACQUISITION CORPORATION 􀀮􀀭􀁾􀀭 _.-T===􀁾􀁾􀁾􀁾􀁌􀀭􀁾􀀻􀀺i 􀁾 --r-;􀁾􀁃􀁾􀁾-􀁾􀀽􀀭􀀭􀀽􀀽􀀽􀀭􀀭􀀽􀁾􀁾􀁾􀁾􀁾􀀭􀁾 􀁾 --􀁾􀀭􀁾􀀭􀀭􀀭􀀽􀀭􀁾􀁾􀀭􀀺􀁾􀁾􀁾􀁾􀁾􀁾􀁾 􀁾
􀁾􀀭􀁾􀁾􀀭􀀺􀀽􀀽􀁾􀀭􀀽􀀭􀀭􀀽􀀧 􀁲􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀬􀀭􀁩􀀭􀁾􀀭􀁾􀁾􀀭􀁾􀀭􀀭􀀭􀀭􀀭􀀮􀀺􀀺􀀭􀀭􀀮􀁁􀁾􀁾􀁾􀁾􀁾􀀻􀁾􀀭􀀭􀁾􀁾􀀻􀁴􀀭􀀺􀀽􀀺􀀽􀀻􀀭􀀭􀁾􀀡􀀽􀁾􀀺􀀽􀀺􀀮􀀮􀀮􀁾􀀺􀁾􀀭􀀽􀀽􀀧􀁾􀁾􀁾􀂷􀀭􀁾􀀭􀀮
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56+13.00 VPT SU. 63+83.00 PI STA 72+13.16 /1=22'31'26" LT 0=02'12'13 " T=520.09' l=1026.64' R=2600.00' PC STA 66+93.09 PT STA 17+19.73 HORIZONTAL CURVE DATA CURVE ARI-f>-4 PI STA 63+05.13
/1=01'01'41" LT 0=01'06'45" T=44.86' L=89.72' R=SOOO.oO' pe STA 62+60,27 PT STA 63+49.99 HORIZONTAL CURVE DATA CURVE AAI-f>-3 END BRIDGE ijI I I --_ .. -------w-==--􀁾􀁾􀀭􀀭􀀭 -􀀭􀁲􀁾􀁾􀀭
􀀻􀁾􀁬􀀺􀀺􀀺􀀭􀀭􀀺􀀺􀀭􀀺􀀭􀁾􀀭􀀧􀀭􀀢􀀧􀀢􀀭 􀁾􀀭􀀭 􀁾􀀧􀁾􀁾 􀁾􀁾􀀽􀁟􀁾􀁾􀀼􀀱􀁾􀀺􀁛􀁴_􀁾􀀭􀁾􀀭􀁾􀁾􀁾􀁾􀁾􀁾 ":'==: 􀁾 f ,--' 􀁟􀁪􀁯􀀮􀀨􀁃􀀢􀀢􀀧􀀮􀀻􀀺􀀧􀀭􀀢􀀧􀀻􀀻􀁟􀀧􀁾􀁾􀀧􀀧􀀻 co,:::::',
;;.L":1: ',":'. >-.I!" :": • 􀀻􀁴􀀬􀁾􀀮 􀁾 BENT No. 13 STA 64+42.00 ". 􀁾􀁖􀁅􀁒􀁁􀁬􀁌 􀁌􀁾􀁎􀁇􀁔􀁈 OF !BRIDGE MiONG PGl 􀁾 1575.00': BRIDGE LAYOUT st£ET 4 Of' 4 FOR INTERIM REVIEW ONLY
AAAP"'10 1l00t • PtIASB III SURVEYOR 8()(JlEVARD TO ADDISON ROAD TOWN OF ADDISON, TEXAS Desiq"a CRtt 54+00 65+00 66+00 61+00 OVERALL LENGTH OF SSTR (MOO) RAIL = 􀀱􀀵􀀷􀁾􀀮􀀵􀀷􀀧􀁉􀁌􀁅􀁆􀁩􀀺􀀩
&. 􀀱􀀵􀀷􀀴􀀮􀀴􀁾􀀧􀁉􀁒􀁉􀁇􀁈􀁔􀁬 ! . . . . . 􀁾 . .,. . . . i i l 1 􀀳􀀴􀁾􀀮􀁄􀁏􀀧 PRESlRESSEO CPNCRETE 􀁾􀀭􀁂􀁅􀁁􀁍 UNIT 1114.00'!-114.00' -! 114.00" ! ! ! 􀁾 􀁾 ! ! ! !!! : ! X D
iMftPPJ-IO ROAD OVERAlL WIDTH VMIES (59'-6" MAXI Il. MN'AHO ROAD V,ARIES 132'-6" MAXI VAAIES 127'-0" MAlO I\'-0· 1'-0" SlUR. NOMINAL FACE Cf RAn.. TYPE SSTR IMJOl RAil. ITYP1--______
26'-0" 54" U-BEAM ITYPI 2 L»lES @11'-0" = 22'-0" • 2 LAt£S @11'-0" = 22'-0" NOMINAL FACE Of" RAIL 26'-0" STEEL TUBE ,ARCH ITYP, (MAX) \'-4" WIDE DIAPHRAGM 12'-6" CIC 6" 8'-0" HANGER
ROP(;--SIDEWAlK 1'-0" 1'-0" SHLDR. NOt-llNAl FACE Of" RAIL TYPE SSTR IIolJDI RAIL 2 LANES 0 n'-o" =22'-0' • PGl 52'-61/4" OVERALL WIDTH NOMINAl FACE Cf RAIL TYPE SSTR lMOOl RAIL ...
1'-0" SHLDR. 2 LANES 0 11'-0" = 22'-0" SW 1'-0' 6' 4'·0' PEO. RAIL -. 7'-0" 􀁾 DRILLED SHAfT TYPICAL SECTION (SPANS 1-8 & 10-14) TYPICAl SECTION (SPAN 9) <D REVERSE DIRECTION IN SUPERELEVATlCN
FOR INTERIM REVIEW ONLY Bv CLIFF R. HALL ,P. E. • 82211 URS CORPORA TION oa'. 6-25-03 HOT FOR CONSTRUCTION. Bloo'MG. DR PERYrT PURPoses NO. DATE REVISICN N"PROV. DRS CIlEYSTlINE C£URE
lO'O LIIJ 􀁾􀁒􀁅􀁅􀀮􀁁􀁙􀀬 SUITE 'lOO DALLAS, TX 7523' ARAPAHO ROAD • PHAIB III SURVEYOR BOOLEVARD BOOLEVARD TO ADDISON ROAD TYPICAL SECTIONS TOWN OF ADDISON, TEXAS Oesign CRH Check
􀁾􀁾® Post Office Box 9010 Addison, Texas 75001-9010 30 October 2002 ADDisoN PUBLIC WORKS DEPARTMENT (972) 450-2871 FAX (972)450.2837 16801 Westgrove Mr. Gary B. Crouch ADR Partners
4444 Westgrove Drive, #210 Addison, TX 75001-3208 RE LOT 1 -HOUSLEY ADDITION Dear Mr. Crouch: Per your request, I have reviewed your property located on Survey Boulevard and your request
for Town crews to remove vegetation from a drainage easement located within the referenced property. According to the Code of Ordinances, Town of Addison, Section 34.114, and Appendix
B, Subdivision Ordinance No. 261, Section IX, Paragraph P: "Drainage easements at all times shall be maintained by the individual owner of the lot or lots that are traversed by or are
adjacent to the drainage or floodway easement." Therefore, based on the wording in the Code of Ordinances, it is the property owner's responsibility to maintain the easement. Due to
the condition of growth within the easement and your concern regarding erosion, the Town requests that you begin cleanup as soon as possible. If you would like to view the Town of Addison
Code of Ordinances, you can find it online at www.ci.addison.tx.us. If you have any questions, please contact me at 972-450-2871. Sincerely, 􀀴􀀻􀁌􀁾􀁅􀀮􀁾􀁾 Michael E. Murphy, P.E.
Director of Public Works MEM:sef cc: John Hill, City Attorney, Cowles & Thompson
30 October 2002 .. Mr. Gary B. Crouch ADR Partners 4444 Westgrove Drive, #210 Addison, TX 75001-3208 RE LOT 1 -HOUSLEY ADDITION Dear Mr. Crouch: Per your request, I have reviewed your
property located on Survey Boulevard and your request for Town crews to remove vegetation from a drainage easement located within the referenced property. According to the Code of Ordinances,
Town of Addison, Section 34.114, and Appendix B, Subdivision Ordinance No. 261, Section IX, Paragraph P: "Drainage easements at all times shall be maintained by the individual owner
of the lot or lots that are traversed by or are adjacent to the drainage or floodway easement." Therefore, based on the wording in the Code of Ordinances, it is the property owner's
responsibility to maintain the easement. Based on the condition of growth within the easement and your concern regarding erosion, the Town requests that you begin cleanup as soon as
possible. If you would like to view the Town of Addison Code of Ordinances, you can find it online at www.ci.addison.tx.us. If you have any questions, please contact me at 972-450-2871.
Sincerely, Michael E. Murphy, P.E. Director of Public Works xe ;PJ./JJ;.J, {l -{{.Zy )J(vr􀁾 -CD<J Ie s 'F 􀁻􀁾􀀨 1Y'--.
MEM:sef cc: John Hill, City Attorney, Cowles & Thompson
30 October 2002 Mr. Gary B. Crouch ADR Partners 4444 Westgrove Drive, #210 Addison, TX 75001-3208 RE Dear Mr. Crouch: have reviewed your property located on Survey Boule d and your request
􀁦􀁯􀁲􀀴􀀧􀁩􀁾􀁾􀁟􀀢􀀧􀁶􀁥􀁧􀁥􀁴􀁡􀁴􀁩􀁯􀁮 from a drainage easement located withi the referenced property. According to the Code of Ordinances, Town of Addison Appendix B -Subdivision
Ordinance No. 261 -Section IX, Paragraph P: 􀁾􀁾 "Drainage easements at all times shall be maintained by the individual owner of the lot or lots that are traversed by or are adjacent
to the drainage or floodway easement." ../r I-IS -,L /A..e. P':opc>{l:r () 􀁖􀁁􀁾􀀮􀀭􀁲􀁓 􀁲􀁥􀀵􀁰􀀶􀁾 Therefore, based on the wording in the 􀀼􀀽􀁯􀁾􀁾􀀮􀁟􀁾􀀡􀁟􀁏􀁲􀁤􀁩􀁮􀁡􀁮􀁣􀁥􀁳􀀬
(:;;pollsibilit;y for :_ b 􀁢􀀺􀂧􀁾􀁾􀁾􀁾􀁾􀁾􀁾􀀿􀀺􀁧􀁾􀁾􀁾􀁾􀁾􀁾􀀧􀁾􀁾􀁥􀁾􀁥􀁾􀁡􀁾􀁳􀁾􀁥􀁭􀁾􀁥􀁾􀁮􀁾􀁲􀁾􀁥􀁾􀁳􀁧􀁬􀁾􀁥􀁾􀁳􀀻􀀮􀁾􀁡􀁳􀁥􀁤 on the condition . 1 of growth within the easemen
an your concern regarding erosion, the Town requests +0 fVltt-vv... 􀁾 that you begin cleanup cleanup as soon as possible. . I, .....j 'jt/V--.. 􀀨􀀲􀁾I • If you have any questions,
please contact me at 972-450-2871. Sincerely, Michael E. Murphy, P.E. Director of Public Works MEM:sef cc: John Hill, City Attorney, Cowles & Thompson
tfRlr;-/Council Agenda Item SUMMARY: This item is to request Council approval of a resolution determining the necessity of acquiring real property owned by Absolute Systems, LTD., et
aI, and authorizing its condemnation and/or appropriation for public use in connection with realignment and extension of Arapaho Road. FINANCIAL IMPACT: Budgeted Amount: Appraised Value:
Source of Funds: BACKGROUND: N/A $62,381.00 Funds are available from Year 2000 and/or 2002 General Obligation Bond Program, Project No. 83300. The right-of-way acquisition process is
currently underway on the proposed Arapaho Road, Phase III project. Approximately 0.6709 acre of permanent right-of-way for the proposed extension of Arapaho Road (see attached Parcel
8 map) is required as part of the proposed roadway improvements. This parcel is a portion of Lot 6, Surveyor Addition, and was very recently acquired by Absolute Systems, LTD. et al
from the previous owner, 276 Trust. The previous trustee was Gary B. Crouch, and all attached appraisals and descriptive documents were prepared during the previous ownership of Mr.
Crouch. In January 2002, the firm of Evaluation Associates appraised the fee simple value of the 0.6709 acre of right-of-way at $225,000.00 (See attached Summary of Salient Facts and
Conclusions), which included a loss in value of the remainder of the property after the taking in the amount of $162,619.00. This loss of value was established by staff's original determination
that the proposed taking would leave the existing building on the site as a "Non-Conforming Use." Specifically, the current structure would not meet setback requirements from the proposed
roadway and could not be rebuilt in it current location if it was damaged by more than 50% of the total square footage. Additional compensation, totaling $22,200.00 was provided for
damages to an existing permitted parking area that is located within the Town's existing drainage easement.
Subsequently, City Attorney and staff review of existing ordinances revealed that the remainder of the property would not be considered damaged due to the construction of the proposed
bridge over Midway Road. Current ordinance provisions permit the reconstruction of the owner's building structure in its existing location if it is damaged by more than 50% at any time.
Consequently, a new appraisal was developed by Evaluation Associates, which stated the total compensation value at $62,381.00. (See attached Summary of Salient Facts and Conclusions).
On March 4, 2002 the Town made an initial offer to the owner, 276 Trust, with Gary B. Crouch as Trustee, based on the original appraisal of $225,000 (See attached letter). In a letter
from Mr. Crouch, dated March 26, 2002 (See attached letter), the Town's offer was rejected. In subsequent correspondence to Mr. Crouch, dated April 24, 2002 (See attached letter), the
Town made a second offer, based on the revised appraisal amount of $62,381.00. In addition, the Town Town offered to reconstruct an equivalent number of parking spaces, with associated
lighting, to replace the existing parking spaces located under the proposed bridge. However, the property owner did not formally respond to the Town within the required thirty (30) day
period of time. In July 2002, Mr. Crouch informed the Town that it's latest offer was rejected and that the majority ownership of the property had been transferred to several parties,
including Absolute Systems, LTD. In addition, Mr. Crouch stated that he contractually retained condemnation rights to the property. The City Attorney performed a title search of the
site and determined that several parties will be involved in the Town's effort to acquire the necessary property through eminent domain proceedings. RECOMMENDATION: It is recommended
that Council approve a resolution determining the necessity of acquiring real property owned by Absolute Systems LTD, and authorizing its condemnation and/or appropriation for public
use in connection with realignment and extension of Arapaho Rd.
TOWN OF ADDISON, TEXAS RESOLUTION NO. R, _ A RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF ADDISON, TEXAS DETERMINING THE NECESSITY OF ACQUIRING THE HEREINAFTER DESCRIBED REAL PROPERTY
OWNED BY ABSOLUTE SYSTEMS, LTD., ET AL. AND AUTHORIZING ITS CONDEMNATION AND/OR APPROPRIATION FOR PUBLIC USE IN CONNECTION WITH THE REALIGNMENT AND EXTENSION OF ARAPAHO ROAD IN ADDISON,
TEXAS. BE IT RESOLVED BY THE CITY COUNCIL OF THE TOWN OF ADDISON, TEXAS: SECTION 1. That for the purposes of this Resolution, the following definitions of tenns shall apply: "PROPERTY":
hereof for all purposes. The areas described in Exhibit "A" attached hereto and made a part "PROPERTY INTEREST": Fee simple title to the land described in Exhibit "A" attached hereto
and incorporated herein. "PROJECT": Realignment and extension of Arapaho Road, Addison, Texas. "OFFER AMOUNT": Sixty Two Thousand Three Hundred and Eighty One and No/IOO Dollars ($62,381.00).
"OWNERS": Absolute Systems, Ltd. Juvat, Inc., general partner of Absolute Systems, Ltd. Joyce Harris, individually and as officer of Juvat, Inc. Gene Harris, individually and as officer
of Juvat, Inc. 276 Trust Gary B. Crouch, Trustee "LIENHOLDER": Merrill Lynch Business Financial Services, Inc. David L. Fair, Trustee SECTION 2. That it is hereby determined that public
convenience and necessity requires that the Town of Addison should acquire the PROPERTY INTEREST in, over, and across the PROPERTY necessary for the PROJECT. SECTION 3. That the PROPERTY
is hereby determined to be necessary for the PROJECT. That for the purpose of acquiring the PROPERTY INTEREST in, over, and across the PROPERTY, the City Manager, or such employee as
he may designate, is hereby authorized RESOLUTION NO. 􀁒􀁾 • PAGE 1 Documeut #; 1014074
and directed to offer the OFFER AMOUNT as payment for the PROPERTY to be acquired and full damages allowable by law, which amount represents its fair cash market value. SECTION 4. That
the Town of Addison determines to appropriate the PROPERTY INTEREST in, over, and across the PROPERTY for the PROJECT under the laws of the State of Texas and the provisions of the Charter
of the Town of Addison. SECTION 5. That, in the event the OWNERS accept the OFFER AMOUNT as authorized herein, the City Finance Director be and is hereby authorized to draw a check in
favor of the OWNERS named above, or the current owners of record, in the OFFER AMOUNT. SECTION 6. That the City is to have possession of the PROPERTY on closing; and the City will pay
any title expenses and closing costs; and the City will pay court costs as may be assessed by the Special Commissioners or the court. SECTION 7. Should the employee designated to make
the official offer report to the City Attorney that the OWNERS have refused to accept the OFFER AMOUNT as compensation for the hereinabove described taking from the OWNERS under the
laws of eminent domain, which amount the City Council deems to be the fair cash market value and all just compensation, in compliance with the laws of the State of Texas, this will be
evidence that the Town of Addison cannot agree with the OWNERS as to the damages legally allowable by law. In such case, the City Attorney is authorized and directed to file the necessary
suit and take the necessary action for the prompt acquisition of the PROPERTY in condemnation or in any manner provided bylaw.SECTION 8. That in the event the Special Commissioners in
Condemnation appointed by the court return an award that is the same amount or less that the OFFER AMOUNT, the City Finance Director is hereby authorized to issue a check not to exceed
the amount of the Commissioners' award made payable to the County Clerk of Dallas County to be deposited into the registry of the court to enable the City to take possession of the PROPERTY
without further action of the City Council. SECTION 9. That in the event it is subsequently determined that additional persons other than those named herein have an interest in the PROPERTY,
then the City Attorney is authorized and directed to join said parties as defendants in said condemnation suit. SECTION 10. That this resolution shall take effect immediately from and
after its passage, as in the Charter in such cases is made and provided. PASSED AND APPROVED this day of , 2002. Mayor Town of Addison, Texas RESOLUTION NO. R -PAGE 2 Document #: 1014074
ATTEST: Carmen Moran, City Secretary APPROVED AS TO FORM: Ken C. Dippel, City Attorney RESOLUTION NO. R. -PAGE 3 Doculr<:n, #: 1014074
􀀣􀁩􀀼􀀯􀁾􀀳 '"EXJllBIT A" . 'Parcel 8. 􀁆􀁩􀁥􀁬􀁤􀀮􀁾􀁯􀁴􀁥 Description Arapaho Road Project .Town .of Addison .Dallas County, Texas . '. ,_ .. 􀁂􀁅􀁉􀁾􀁇 a 􀁤􀁥􀁳􀁣􀁲􀁩􀁾􀁴􀁩􀁯􀁮 􀁯􀂣􀁾
􀂷􀀰􀀮􀀶􀀷􀀰􀁾 acre (29,223 square foot) tract of land situated in the W.H. Witt Survey, Abstract Number 1609, and .the David Myers Survey, Abstract Number 923',· Town of Addison, Dallas'County,
􀁔􀁥􀁾􀁡􀁳􀀬 and being a portion of a called 2.·.5212 .acre tract of land' 'conveyed . to J.' H.. Crouch, Jr. and' Jo Doris Crouch on August. 4,. 1997 and recorded in Volume 97153; Page
032 􀀶􀁾 of the. Deed Records' of 􀁄􀁡􀁬􀁬􀁡􀁾􀀧 County, Texas, sai.ct called 2.5212 acre tract 􀁢􀁾􀁩􀁮􀁧 all of "Lot 6, . Surveyor 􀁁􀁤􀁤􀁩􀁴􀁩􀁯􀁮􀁾 Addison We'st Industrial p·ark",.
an addition to the Town of Addison, as evidenced by. :the plat dated March 29, 1979 and recorded in Volume· 79130, .. Page· 2495 of said Deed Records, said 0.6709 acre tract of ·land·being
more particularly described by metes and bounds as 􀁦􀁯􀁬􀁬􀁯􀁾􀁳􀀻 . , .. ",. ",. BEGINNING at a 1/2 inch iron rod found in the proposed' North right' of way line of 'Arapaho Road and
the South right of' way line of a 100 foot' wide' railroad right of way as conveyed to Dallas Area Rapid :.Transit. Property .Acqu:Lsition' . Corporation (herein referred to as DART)
on December' 27,1990 and re'corded .in Volume 91008,. Page 139,0 of' said· Deed Records, 􀁳􀁾􀀮􀀮􀀮􀁩􀁤􀂷 point being th'e cormnon Northeast··: corners of said _called 2.5212 acre tract
and "L<:>t 6,: Surveyor Addition, f\.ddisonWest Industrial Park", and Northwest corner of a called 3.4654 acre tract of land, 25% interest 􀁣􀁯􀁮􀁶􀁥􀁹􀁥􀁤􀁾􀁢􀁹 Epina Properties Limited
to 15101 Midway Road' Partners, LTD. 'on . December 25, 1998 and recorded' in Volume 98250,. Page' 02787 ,::of said Deed Records, 75% interest· conveyed by Lehndorff & Babson Property
Fund to 15101 Midway Road 'Partners, LTD. on December 25, 1998 and recorded in Volume 98250, Page 02796 of said Deed Records, said called 3.4654 acre tract being all of the.'. Surveyor
Addition, Addison West Industrial' . Park; an. addition' .to 'the' . Town' . of .-Addison; '. 'as' evidenced" by the plat 􀁤􀁡􀁴􀁾􀁤􀁏􀁣􀁴􀁯􀁢􀁥􀁲 .24, 1978 'and recorded in: Volume
79029, Page 0984 of said Deed Records; THENCE, SOUTH 00°07'27" WEST (called South 00°08'05" West), departing said lines and along the common East line of said called 2.5212 acre tract
.and West line of said ca'lled 3.4654 acre tract, a 􀁤􀁩􀁳􀁴􀁡􀁮􀁣􀁾 of 18.96.feet to a 5/8 inch iron rod set in the proposed South right of way line of Arapaho Road; . ·n-. ...........
, ..... 􀁾 "') . ..􀀬􀁾 .
PARCEL 8 -ARAPAHO ROAD PROJECT All bearings .are referenced to the North Right of Way line of Centuiion Way, called S 89°51'55" E, according to the final plat of Lot 3, Surveyor Addition,
recorded in Vol. .77173, Page 135, Deed Records of-Dallas' County, 􀁔􀁾􀁸􀁡􀁳􀀮 A plat of even ·survey date herewith accompanies this description. I, Ayub R. Sandhu, ··.a· Registered
Professional Land Surveyor, hereby . certify that -the legal description .. her.eon aI:!-d the accompanying plat represent· an actual survey made on· the·_9round under 􀁭􀁹􀁫􀁵􀁰􀁥􀁲􀁶􀁩􀁳􀁩􀁯􀁮􀁾
..,' 􀁾 -.:. -􀁾􀁾􀀻􀁾􀁉􀀯􀀭􀁉􀁴􀁬􀀭􀀭􀀢􀀱􀀧􀀱 Ayu R. Sandhu, R.P.L.S. . Texas Registration No. 2910
􀁛􀁑􀀩􀁾 WO[Q) 􀁉􀁍􀁉􀁗􀁾􀁦􀁒􀁬􀁾 􀁾􀁬􀁕􀁊􀁉􀁒􀁬􀁗􀁾􀁗 􀁾􀀮􀀬􀁀􀁾􀂮 DALLAS AREA RAPID lRANSIT 􀀽􀀽􀀽􀁟􀀽􀁦􀁦􀁩􀁐􀀮􀁅􀁅􀁊􀀮􀁴􀀱􀁙􀀺􀀺􀁁􀀢􀁃􀀮􀀮􀁏􀁏􀁉􀁓􀁬􀁬􀀱􀀰􀁦􀁃􀁃􀀰􀁒􀁥􀀮􀁏􀁏􀁾􀀽􀀽􀀽􀀽􀀽􀀽􀀽􀀽􀀽􀀽�
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1 10 O. f 0". 􀁾􀁡􀂷 􀀭􀀭􀀭􀁾􀀭􀀭􀁴--------------------􀁾􀁾􀁯􀁜􀀭􀀮􀀭􀁾􀁾􀁩􀁄 . 􀁾􀀭􀀸􀀭􀁃􀀡􀀭􀀮􀀮..H􀀭􀀭􀁾􀁾 -I----P-ROPOSE-O-ARAP-AHO-ROAO-----J------------..-..----1. +--8 ;,-cC!
, , Ie t" fp 􀁃􀁄􀁾 ';.0'" I 􀁾 􀁾 • 􀁾 • '. i, 50' 􀁄􀁒􀀺􀁾􀀺􀁾􀁾􀁅􀁾􀁾􀁁􀁎􀁎􀁱 COHeR"" 􀁾􀀮􀀭􀀭􀀮􀀧 􀁾 􀁾􀀺􀁾􀁲􀀭􀀭 /COHr.R£Y[ I u.---=\ --l 􀁾􀁾 -\ rut-.-1-------_.__• ,__• 􀀮􀁾__
\ 􀁾 • • eRA. SI I C'lU Le;_!?u.toof E 􀀬􀀮􀁯􀁾􀁾􀀬.. Go It A. S!I,. 􀀮􀁾􀀢 r.."" t\\". 􀁾 ,,,,.,. \", 􀁾 . -" 􀁾 􀁾 /co,., .:5 .-; \ I -./􀁾􀀮􀀮􀀮 _ _._._ '-􀁾􀁉􀁪􀀻 􀁾 , o• DENOTES
A FOUND POINT AS INDICATED DENOTES A 5/8' IRON ROD SET UNLESS OTHERWISE NOTED ---PROPOSED RIGHT OF WAY LINE -_....􀀭􀁾􀁾􀁾 􀁲􀀭􀀧􀁔􀀢􀀻􀀭􀀧􀁾􀀯 􀀭􀁗􀀭􀁂􀀹􀀧􀀵􀀡􀁲􀁾􀀹􀀧􀀭􀀭􀁗 -:.:.􀁾􀀷􀀰􀀺􀁬􀁾􀁾􀀧􀀢
􀁾􀁾 -,-=,-.--.'--= /􀁊􀀢􀀭􀁾􀀭􀀻􀀻􀀻􀀮􀁩􀀧􀁾􀀧􀀧􀀭􀀻􀀻􀁾􀀭􀀭􀀭􀀭􀀭􀀭􀀽􀀽􀀽􀀽􀀺􀀺􀀧􀀧 co He",lEn\,-/\ 0 .__... -.-. :r--􀁓􀁾􀁬􀀧 ".... • _J .CA" X IN cg,l::l-V ' 2 􀁳􀁲􀁲􀀮􀁾􀁹 ORIO<
􀁾 10 ..."",1\:;;,-15101 􀁍􀁉􀁄􀁗􀀮􀁁􀀧􀁦􀀮􀀧􀁒􀁾􀁁􀁄 PARTNERS, LTD. :::JI -DECEMBER 25, 1998 MICHAEL B. SCHIFF ' I >-. 'VOL 98250,PG. 02787 (25% INTEREST) AUGUST ·J1. 1982 􀁾 VOL 98250,
PG. 02796 (75" INTEREST) VOL 82172, PG. 2888 LOT 6 !5 . D.R.D.C.T. D.R.D.C.T. SURVEYOR ADDITION 1I11 CALLED 2.5212 AC. LOT 4 ADDISON WEST w . J. H. CROUCH JR. AND SURVEYOR ADDmON INDUSTRIAL
PARK !< JO DORIS CROUCH ADDISON WEST MARCH 29. 1979 :::l: AUGUST '4. 1997 INDUSTRIAL PARK' VOL. 79130, PG. 2495 􀁾􀁾 VOL 97153. PG. 3266 DECEMBER 26. 1978 D.R.D.C.T. , . g: D.R.D.C.T.
VOL. 79029, PG.098.4 . 0-. D.R.D.C.T.' .:< PARCEL 8 A PLAT OF·A 0.6709 ACRE (29:223' SQ. FT.) TRACT OF LAND IN THE W.H. WITT'SURVEY 􀀧􀁾􀁏􀁆􀀭􀀭􀁾􀁾 ABS TRACT NO. 1609 ;,;,􀁦􀀡.􀁉􀀻􀀭􀀭􀀧􀁜􀀺􀀺􀀢􀁲􀁴
􀀻􀀫􀁾􀀮􀁴􀁾􀀫 􀁾 & DAVID MYERS SURVEY 􀁾􀁾􀀨􀀩􀀢􀀪 􀁾􀁾􀁊􀀧􀀮􀁊􀁉􀁬 􀁾 . ASS TRACT NO. 923 􀀮􀀮􀀮􀁾 , :v... TOWN OF ADDISON AYUB R. SANDHU DALLAS COUNTY, TEXAS 􀀺􀀺􀀺􀀻􀁾􀁾􀁽􀀹􀀱􀀰􀁾􀁾􀂥􀀮􀀽􀁩
. 50 0 25 50 100 􀀱􀀭􀁄􀀢􀀧􀁾􀁾􀁰􀀮􀁾􀀬􀀬􀁾􀀭􀀮􀁬􀀮 􀁾 􀁾 !.! ! 􀁁􀀮􀁲􀁾􀁾􀁩􀁱Ab. 􀁾 'GR'APHIC SCALE 􀁾􀁾 1 INCH = 50 FT. . INTERVEST COMPANIES ADDmON ' .OCTOBE R 29. 1982 . VOL. 83017,
PG. 2268 . D.R.D.C.T. OTES: _L EASEMENTS SHOWN ARE TAKEN FROM THE PLATS INDICATED ERE ON. THE SURVEYOR DID NOT ABSTRACT THE SUBJECT ROPERTY SO ALL EASEMENTS MAY NOT BE SHOWN. LL BEARINGS
ARE' REFERENCED TO THE 'N€iRTH RIGHT OF WAY NE OF CENlURION WAY. CALLED S 89'51'55" E, ACCORDING TO -lE FINAL PLAT OF LOT 3. SURVEYOR ADDmON. RECORDED IN OL. 77173. PAGE, 135. D.R.D.C.T.
. LEGAL DESCRIPTION OF EVEN SURVEY DATE .HEREWITH CCOMPANIESTHIS PLAT.
E:··.,.ALUATION ASSOCIA_.3S RIGHT OF WAY LAND RIGHTS ANALYSIS • APPRAISAL· ACQUISmON • SOLlmONS SUM::MARY OF SALIENT FAcrS AND CONCLUSIONS ARAPAHO ROAD PROJECf Property Owner: 276 Trust
#/(/f-7 --.: Valuation Conclusion: Whole Property Proposed Acquisition Remainder Before Acquisition. Remainder After Acqui'sition Loss in Value ofRemainder After. Detennination ofCompensation:
Pemianent Right ofWay CompenSation for Improvements 􀀨􀁰􀁡􀁶􀁩􀁮􀁾􀀩 Landscaping' .(None. Replacement) Loss in Value ofRemainder After Total, 􀁃􀁯􀁭􀁰􀁥􀁾􀁳􀁡􀁴􀁩􀁯􀁮 . $1,900,000 $
-62,381 $1,837,619 $1,675,000 $ 162,619 $ 40,181 $-22,200 $ -0-· $ 162,619 S 225,000 Date ofAppraisal: Location: Legal Description: Land Size: Zoning: Highest and Best Use: As ifVacant
BEFORE: As ifVacant AFTER: January 23, '2002 4139 Centurion Way, Town ofAddison, Texas Lot 6, Surveyor Addition, Town of Addison, Dallas County, Texas . . Whole Propertr (perDCAD records)
2.521 Acres Right ofway 􀁁􀁲􀁾􀀬 . . 0.6709 Acres 1-1, Industrial-l District Commercial use ' Commercial use 11615 Forest central Drive • Suite 􀀲􀀰􀁾 • 􀀮􀁄􀁾􀁬􀁡􀁳􀀬 Texas 75243-3917
• (214) 553-1414
EVALUATION ASSOCIATES RIGHT OF WAY LAND RIGHTS ANALYSIS ·APPRAISAL • ACQUISITION· SOLUTIONS SUMMARY OF SALIENT FACTS AND CONCLUSIONS ARAPAHO ROAD PROJECT Parcel No.8 -JH Crouch Jr. and
Jo Crouch Valuation Conclusion: Whole Property Proposed Acquisition Remainder Before Acquisition .Remainder After Acquisition Loss in Value ofRemainder After Determination of Compensation:
Permanent Right ofWay Compensation for Improvements (paving) Landscaping ... (None -Replacement) Loss in Vahie of Remainder After Total Compensation $1,900,000 $ 62,381 $1,837,619 $1,837,619
$ -0-$ 40,181 $ 22,200 $ -0-$ -0-$ 62,381 Date 􀁾􀁦Appraisal: Location: Legal Description: Land Size: Zoning: Highest and Best Use: As if Vacant BEFORE: As if Vacant AFTER: -February
13,2002 (*1) (Note *1 -Revised to acknowledge and clarify the absense of a rear yard setback requirement, both before and after the proposed acquisition 4139 Centurion Way, Town of Addison,
Texas Lot 6, Surveyor Addition, Town of Addison, Dallas County, Texas Whole Property Property (per DCAD records) 2.521 Acres· Right ofway Area 0.6709 Acres I-I, Industrial-l District
Commercial use Commercial use 11615 Forest Central Drive • Suite 205 • Dallas, Texas 75243-3917 • (214) 553-1414
􀁾 ·0 OFFICE OF THE CITY MANAGER March 4,2002 Mr. Gary B. Crouch ADR Partners 4444 Westgrove Drive, Suite 210 Addison, Texas 75001-3208 (972) 45()"7000 • FAX (972) 450-7043 5300 Belt
Line Road Re: 276 Trust Lot 6, Surveyor Addition to the Town of Addison Recorded in Vol. 79130, Pg. 2495 in the Deed Records of Dallas County Dear Mr. Crouch: In February 2000, the Town
of Addison elected to sell bonds in order to fund six construction projects. Included in these projects is the extension of Arapaho road, from Addison Road to Marsh Lane. At this time
we are in the right-of-way acquisition phase of the project. The Town of Addison has determined the public need to acquire a 0.6709 acre portion of the·2.521 acre tract of land that
is owned by you at 4139 Centurion Way. The public purpose for this land acquisition is the necessary right-of-way for the Arapaho Road project along with related municipal uses including
a public hike and bike trail. The firm of Evaluation Associates appraised the property on January 23, 2002. The attached summary sheet shows a summary of facts and conclusions regarding
this taking. On February 26, 2002, the City Council of the Town of Addison authorized me to make an offer to purchase the 0.6709 acre tract of land at the appraised value of $225,000.00.
The Town of Addison requests that you respond to this offer of purchase within thirty (30) days of the date of this letter. If we do not hear from you within the thirty (30) day period,
the Town will consider its offer rejected and we will initiate eminent domain proceedings to acquire the property. Should you have any questions, please feel free to contact Mr. Mike
Murphy, P.E., Director of Public Works, at 972-450-2871, or me. Sincerely, RonWhitehead City Manager
OFFICE OF THE CITY MANAGER 􀁾􀀱􀁉􀁉􀁉􀀡􀁉􀁉􀁉􀁉􀁉􀁉􀁉􀁉􀁉􀁾􀁾􀀡􀀡􀀡􀀡􀀡􀀡􀀱􀀡􀀡􀀡􀁾􀀡􀀡􀀡􀀡􀀡􀀡􀀡􀀡􀀡􀀡􀀡􀀡􀁾 ® Post Office Box 9010 Addison,Texas 75001·9010 April 24, 2002 􀁾􀁀􀁛􀁐􀀩􀁗
!f/?/f-? (972) 450-7000 • FAX (972) 450·7043 5 5300 Belt Line Road Mr. Gary Crouch ADR Partners 4444 Westgrove Drive, Suite 210 Addison, Texas 75001 Re: Arapaho Road Improvements Dear:Mr.
Crouch: Via Facsimile 972-931-1688 & Certified Mail Return Receipt Requested Item Number 7000 0600 00253591 6255 We appreciated the opportunity to meet with you last week regarding the
planned improvements to Arapaho Road and the acquisition by the Town of Addison of an interest in a portion (0.6709 acres out of the entire tract of 2.521 acres) of the property located
at the rear of 4139 Centurion Way in connection with that project. You indicated during our meeting that you have several groups who are interested In purchasing or leasing that property,
and that you would like us to address two items regarding the Town's acquisition so that you can proceed with your plans: (1) whether or not the parking which is currently in place at
the rear of the building (approximately 36 parking spaces) will be available for use by the owner upon the completion of the improvements, and (2) whether or not the building will be
able to be reconstructed in the event it is damaged by more than 50% of its replacement value. With respect to the parking, if the 36 parking spaces in the rear of the property are removed,
the property will c{)nt-inue to have adequate-parking un-der-the Town's current parking 􀁲􀁥􀁾􀁡􀁴􀁩􀁯􀁮􀁳􀀮 However, the Town will agree that, upon the completion of the Arapaho Road
improvements, the owner of the property will have access to substitute parking (constructed by the Town) at the rear of the property where parking is currently available. With respect
to the reconstruction of the building, the property at 4139 Centurion Way is currently zoned I-I Industrial District. The I-I District regulations provide·that the rear yard setback
requirements are the same as for the LR Local Retail District. In the LR District there is no rear yard depth requirement unless the District adjoins a single-family or apartment district,
in which case a 10 foot rear yard is required. Therefore, the existing building will not be in violation of the current rear-yard setback requirements after the Town's acquisition of
the property and construction of the improvements and will be able to be reconstructed in its current location if it is damaged.
Mr. Gary Crouch Page 2 April 24, 2002 As you know, we had previously provided to you an appraisal prepared by Evaluation Associates, which valued the portion of the property being acquired
at $62,381.00 and concluded that the remainder of the property would be damaged in the amount of $162,619.00 as a result of the acquisition. Based on that appraisal, the Town had offered
to pay $225,000.00, which was not accepted". The damage to the property after the acquisition, however, was based upon an understanding that the building might not be able to be reconstructed
if it was damaged by more than 50% of its replacement value. However, as indicated above, under current regulations the building would be able to be reconstructed in its current location,
which eliminates the damages. Therefore, our offer is to acquire the 0.6709 acre tract for its appraised value at $62,381.00 together with the right to have substitute parking in the
rear ofthe property as described above. We hope that this clarifies the issues which we have been discussing. Regarding the above offer, we request that you respond to the offer within
thirty (30) days of the date of this letter. Ifwe do not hear from you within that time period, we will consider the offer rejected. Sincerely, Ron Whitehead City Manager
JAN-22-2003 09:41 COla.ILES &THOMPSON SUMMARY OF SALIENT FACTS J.H. & Jo Crouch rroJMrty SuO'eyor Addition, Lot 6 4139 CenturioD Way AddJsont Te"Qs 2145722020 P.02/02 Date of the Appraisal:
Value Estimated; Property Rights Appraised: Property Appraised: Property Zoned: Highest & Best Use: "As 􀁶􀁡􀁣􀁡􀁮􀁴􀁾􀀺 􀁾􀁾 improved": Estimates of Fee Simple Value: Whole Property
Land & Improvements: Land Only Value: Part Taken: Righl-of-Way, Land & Improvements: Temporary Easement, Land & Improvements: Remainder 􀁾􀁲􀁯􀁭 the Take: Land & Improvements: ReIQpjns!;t
After the Take: Land eSc Improvements: Final Value Estimate: JUST COMPENSATION September 26, 2002 Market Value -Just Compensation Fee Simple A ± 109,423 SF site on the north side of
Centurion Way, improved with a ±30,2B7 SF office/warehouse facility in the Town of Addison, Texas. 1-1, industrial Commercial Development To be maintained as officetwarehouse 􀁾􀁴􀁥􀁣􀁢􀀢
space until demand warrants re-development of the site. $1,820,000 S 427,604 $ 52,601 S n/a a 51,767,399 51,820,000 $ 52,601 iii TOTAL P.02
S . VEN Z. CHUTCHIAN, P.E. 1\sslstant City Engineer (972) 450-2886 (972) 450-2837 FAX (214) 673-2518 Mobile schutchian@ci.addison.tx.us E-mail Town of Addison 16801 Westgrove Dr. P,O.
Box 9010, Addison, Texas 75001-9010 j)(}(./J3£e /e/'/7' t30 X CC/L. t.-BeT &/V A,e1tf-'/TW j2p, u..-/'tS .#gSCJ 􀀮􀁾􀀡􀀿􀀬 F. EXlJ If v tf ffc,A--f} U---vTL.£... J 􀁕􀁲􀁾􀀮􀀾 r "F .t'V
t2 t.-e 􀁦􀁾􀁾 (ft j) T /f4? 􀁾 (D A rf2 '. L £dVCf-/5 􀁦􀁾􀁰􀁾 Ij J cJF Iff> f£.q;:?--t' 􀁾 T Y Ftf2tJ 􀁾 T1+7s pcP ('I.-0 Cff( tJF 􀁵􀁲􀁶􀁾􀁹􀀻􀀺􀀿􀀨 f7C?tV ,e 3 tJtJ L. F, )( f8sz;rz
􀁾 {2SSJoa;,
Apr 10 02 05:4Sp I!!I9Partners p. 1 􀁚􀀻􀀻􀁾􀀷􀁥􀁫 ===========F=A=C=S=r=M=I=L=E=T=R=/I.=N=S=M=I=T=T=A=L=S=H=E=E=·=r=========,=c;.=·􀁾􀀯􀁦􀁨􀁾 l.t 1,\11' \:\ \' J{f': SENDU\'S PIIONE
NUMIlUl: 972-380-6752 SENDER'S "'IX NUMIII'.ll. 972-931-1688 o 􀀱􀀧􀁌􀀱􀀧􀀺􀀮􀁜􀁾􀀢􀀺 r:O,II,III':I'd' 0 􀁉􀀧􀁉􀀮􀁉􀂷􀀺􀀮􀁜􀁾􀁉􀀺 IU·:I'I.Y [] PIY.ISI·: RLIYUI·: Confidentiality Note:
The information contained in this facsimile message is legally privileged and confidential information intended only for the use of the individual or entity named above. If the reader
of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this facsimile is strictly prohibited. If you have received this
facsimile in error, please immediately notify us by telephone and return the original message to us at the address set forth below via the United States Postal Service. Thank you. 4444
Wcstgrovc, Suite 210 • Addison, TX 7.5001 P!l<lOl' (9721 􀁝􀁧􀀨􀀩􀂷􀀶􀀷􀀵􀁾 • Fax (971) ,)11·16RH
Apr 10 02 05:50p 11mPartners March 12, 2002 p.3 Mr. Ron Whitehead City Manager Town of Addison 5300 Belt Line Road Addison, TX 75001 Via Facsimile 971.450-7043 & Certified Mail Return
Receipt Requested Item Number 70001670000877950483 ?• Re: 4139 Centurion Way -Addison, Texas Dear Mr. Whitehead, I am in receipt of the notice letter to 276 Trust dated March 4, 2002
that makes an offer to acquire a portion of the referenced property. I am clUTently working with several tenants to lease the referenced facility. The area that the Town of Addison needs
to acquire has thirty-six parking spaces that are necessary for the building. The Town of Addison has been vague on what will happen to these thirty-six parking spaces. In order to respond
to these potential tenants for the property and not lose the opportunity to lease the property, J need the Town of Addison to immediately address the following issues: 1. Does the property
lose the thirty-six parking spaces? 2. If the parking lot will be available then: a. How many spaces will be available? b. How will the parking be accessible and will there be a height
restriction that will affect SUVs or trucks? c. What will be the construction of the parking lot (i.e. asphalt, coricrete or dirt)? d. Will the Town of Addison maintain the parking lot?
e. Will the parking lot be lighted? f. What are the restrictions on using the parking lot? g. Will the parking lot be designated for 4139 Centurion Way use only? 􀁾 h. What insurance
will be required for use of parking lot? .I 1. What will be the term of use of the parking lot and how will it be documented? 􀁾 j. Will the use of the parking lot be granted to the
property or only the current ownership? if. k. List all fees, costs and expenses that the Town of Addison would require for use ofthe parking lot. 1. When will construction start and
how long will it last? m. Where can the tenants park when they lose the thirty-six parking spaces during construction? 􀀣􀁬􀁾􀁾􀀧 t 􀁶􀁊􀁾 􀁾 --r%tl 􀁾􀁌􀀮􀀢􀀭􀀭210 • Ad<6'"". TX 7>001
􀁾 A(\) 􀀱􀀱􀁯􀁬􀀱􀀱􀁩􀁾􀀳􀀸􀀰􀀧􀀶􀀷􀀵􀀲 • Pax (972) 931-/6S8 􀁟􀀮􀁾!>-900T 􀀪􀁾􀁾 􀁦􀀭􀁌􀀭􀀭􀁾􀀭􀀭􀀭􀀭􀀭􀁾􀁾
Apr 10 02 05:50p .. Mr. RC\n 􀁗􀁨􀁩􀁴􀁾􀁨􀁥􀁡􀁤 March 12,2002 Page 2 of2 As previously outlined, these questions are immediately critical and impact the ability to lease the property.
I need an immediate response so that I can address these issues with potential tenants. c.c. Mr. Mike Murphy p.4 -4._' _•••• , ' _ 􀁾 ••• '; ............􀁾􀀮 '-;-,_ 􀁟􀁾 􀁾 : -'.
Apr 10 02 05:50p • Partners April 10, 2002 p.2 Mr. Ron Whitehead City Manager Town of Addison 5300 Belt Line Road Dallas. TX 75240 Via Facsimile 972-450-7043 & Certified Mail Return
Receipt Requested Item Number 7001251000041401 1573 Re: Letter Dated March 12, 2002 4139 Centurion Way -Addison, Texas Dear Mr. Whitehead, I sent you the attached referenced letter almost
thirty days ago and The Town of Addison has failed to respond as of this date in a definite manner to the assumptions in the appraisal by Evaluation Associates that there would be no
loss of parking due to the condemnation. Additionally, I subsequently asked for written confirmation of the policy, as represented in the appraisal by Evaluation Associates, that if
the property improvements were destroyed by more than 50%, the building could not be rebuilt in the same footprint. The Town continues to be vague and noncommittal on both of these issues
and I am losing the opportunity to lease and potentially sell the property based on the lack of credible information. The Town chose to affect the economic viability of the property
with the extension of Arapaho Road. Since the process is represented to be fair and equitable it would be helpful if the Town would be concise and consistent and decide if the representations
made in the appraisal are correct. It was my understanding from speaking last week with Mike Murphy that the Town planned to have a meeting to discuss these issues on Monday or Tuesday
of this week and would contact me to set a meeting to define these issues; however, as of this date I have not been contacted.. I request the opportunity to address the City Council
at the next meeting on April 23. 2002. c.c. Mr. Mike Murphy 4444 Westgrove. Suile 2/0 • Addison. TX 7500 J Phone (972) 380·6752 • Fax (972) 931-1688
I!iI9Partners March 12, 2002 Mr. Ron Whitehead City Manager Town of Addison 5300 Belt Line Road Addison, TX 75001 Via Facsimile 972-450-7043 & Certified Mail Return Receipt Requested
Item Number 700016700008 77950483 Re: 4139 Centurion Way -Addison, Texas Dear Mr. Whitehead, I am in receipt of the notice letter to 276 Trust dated March 4, 2002 that makes an offer
to acquire a portion of the referenced property. I am currently working with several tenants to lease the referenced facility. The area that the Town of Addison needs to acquire has
thirty-six parking spaces that are 􀁮􀁥􀁣􀁾􀁳􀁳􀁡􀁲􀁹 for the building. The Town of Addison has been vague on what will happen to these thirty-six parking spaces. In order to respond
to these potential tenants for the property and not lose the opportunity to lease the property, I need the Town of Addison to immediately address the following issues: 1. Does the property
lose the thirty-six parking spaces? 2. If the parking lot will be available then: a. How many spaces will be available? b. How will the parking be accessible and will there be a height
restriction that will affect SUVs or trucks? c. What will be the construction of the parking lot (i.e. asphalt, coricrete or dirt)? d. Will the Town of Addison maintain the parking lot?
e. Will the parking lot be lighted? f. What are the restrictions on using the parking lot? g. Will the parking lot be designated for 4139 Centurion Way use only? h. What insurance will
be required for use of parking lot? 1. What will be the term of use of the parking lot and how will it be documented? J. Will the use of the parking lot be granted to the property or
only the current ownership? k. List all fees, costs and expenses that the Town of Addison would require for use of the parking lot. 1. When will constJ,1lction start and how long will
it last? m. Where can the tenants park when they lose the thirty-six parking spaces during construction? 4444 Westgrove, Suite 210 • Addison, TX 75001 Phone (972) 380-6752 • Fax (972)
931-1688
Mr. Ron Whitehead March 12, 2002 Page 2 of2 As previously outlined, these questions are immediately critical and impact the ability to lease the property. I need an immediate response
so that I can address these issues with potential tenants. c.c. Mr. Mike Murphy
OFFICE OF THE CITY MANAGER Post Office Box 9010 Addison, Texas 75001·9010 (972) 450-7000 • FAX (972) 450-7043 5300 Belt Line Road March 4, 2002 Mr. Gary B. Crouch ADRPartners 4444 Westgrove
Drive, Suite 210 Addison, Texas 75001-3208 Re: 276 Trust Lot 6, Surveyor Addition to the Town ofAddison Recorded in Vol. 79130, Pg. 2495 in the Deed Recoi'ds of Dallas County Dear Mr.
Crouch: In February 2000, the Town of Addison elected to sell bonds in order to fund six construction projects. Included in these projects is the extension of Arapaho road, from Addison
Road to Marsh Lane. At this time we are in the right-of-way acquisition phase of the project. The Town of Addison has determined the public need to acquire a 0.6709 acre portion of the
2.521 acre tract of land that is owned by you at 4139 Centurion Way. The public purpose for this land acquisition is the necessary right-of-way for the Arapaho Road project along with
related municipal uses including a public hike and bike trail. The firm of Evaluation Associates appraised the property on January 23, 2002. The attached summary sheet shows a summary
of facts and conclusions regarding this taking. On February 26, 2002, the City Council of the Town of Addison authorized me to make an offer to purchase the 0.6709 acre tract of land
at the appraised value of $225,000.00.. The Town of Addison requests that you respond to this offer of purchase within thirty (30) days of the date of this letter. If we do not hear
from you within the thirty (30) day period, the Town will consider its offer rejected and we will initiate eminent domain proceedings to acquire the property. Should you have any questions,
please feel free to contact Mr. Mike Murphy, P.E., Director of Public Works, at 972-450-2871, or me. . Sincerely, Ron Whitehead City Manager
BvALUATION ASSOCIATES RIGHT OF "Y/AY LAND RIGHTS ANALYSIS -APPRAISAL-ACQUISmON -SOumONS SUMMARY OF SALIENTFACTS AND CONCLUSIONS ARAPAHO ROAD PROJEer PropertyOwner: 276 Trust Valuation
Conclusion: Whole Property Proposed Acquisition Remainder Before Acquisition Remainder After Acquisition Loss in Value ofRemainder After. Determination ofCompensation: Pernia:nent Right
ofWay COmpemation for Improvements (paving) Landscaping· -(None -Replacement) Loss in Value ofRemainder After $1,900,000 $ -62,381 $1,837,619 $1,675,000 $ 162,619 $ 40,181 $-22,2.00
$ .{}.-. -$ 162,619 Total. 􀁃􀁯􀁭􀁰􀁥􀁾􀁳􀁡􀁴􀁩􀁯􀁮 Date ofAPpraisal: January 23, 2002 5225,000 ./Location: -Legal Description: Land Size: Zoning: Inghest and Best Use: As ifVacant BEFORE:
As ifVacant AFTER: 4139 Centurion Way, Town ofAddison, Texas . -Lot 6, Surveyor Addition, Town ofAddison, Dallas County, Texas -. -Whole Propefo/(perDeAD records) 2.521 Acres _Right
ofway Area. __ 0.6709 Acres I-I, Industrial-I District Commercial use· Commercial use 11615 Forest Central Drive -Suite20S -_Dallas, Texas 75243-3917 -(214) 553-1414 •
m6IsoN OFFICE OF THE CITY MANAGER 􀀢􀀧􀀭􀁗􀀢􀀢􀀧􀀪􀀢􀁪􀁾􀀢􀀢􀁗􀁴􀀡􀀧􀀢􀀧􀀧􀀧􀀧􀀡􀁩􀀿􀀧􀀦􀀮􀀺􀁸􀀮􀀧􀁦􀁟® Post Office Box 9010 Addison, Texas 75001·9010 March 4, 2002 Mr. Gary B. Crouch
ADR Partners 4444 Westgrove Drive, Suite 210 Addison, Texas 75001-3208 (972) 450·7000 • FAX (972) 450·7043 5300 Belt Line Road Re: 276 Trust Lot 6, Surveyor Addition to the Town of Addison
Recorded in Vol. 79130, Pg. 2495 in the Deed Records of Dallas County Dear Mr. Crouch: In February 2000, the Town of Addison elected to sell bonds in order to fund six construction projects.
Included in these projects is the extension of Arapaho road, from Addison Road to Marsh Lane. At this time we are in the right-of-way acquisition phase of the project. The Town of Addison
has determined the public need to acquire a 0.6709 acre portion of the 2.521 acre tract of land that is owned by you at 4139 Centurion Way. The public purpose for this land acquisition
is the necessary right-of-way for the Arapaho Road project along with related municipal uses including a public hike and bike trail. The firm of Evaluation Associates appraised the property
on January 23, 2002. The attached sumQIary sheet shows a summary of facts and conclusions regarding this taking. On February 26, 2002, the City Council of the Town of Addison authorized
me to make an offer to purchase the 0.6709 acre tract of land at the appraised value of $225,000.00. The Town of Addison requests that you respond to this offer of purchase within thirty
(30) days of the date of this letter. If we do not hear from you within the thirty (30) day period, the Town will consider its offer rejected and we will initiate eminent domain proceedings
to acquire the property. Should you have any questions, please feel free to contact Mr. Mike Murphy, P.E., Director of Public Works, at 972-450-2871, or me. Sincerely, Ron Whitehead
City Manager
E',.ALUATION ASSOCIA.3S RIGHT OF WAY LAND RIGHTS ANALYSIS -APPRAISAL-ACQUISmON -SOLtTrIONS SUMMARY OF SALIENT FACfS AND CONCLUSIONS ARAPAHO ROAD PROJECf Property Owner: 276 Trust Valuation
Conclusion: Whole Property Proposed Acquisition Remainder Before Acquisition. Remainder After Acquisition Loss in Value 􀁯􀁦􀁒􀁥􀁭􀁡􀁩􀁮􀁤􀁾􀁲 After. Determination ofCompensation: Permanent
Right ofWay Compemation for Improvements (paving) Landscaping' .(None -Replacement) Loss in Value ofRemainder After Total. Compensation . $1,900,000 $ . 62,381 $1,837,619 $1,675,000
$ 162,619 $ 40,181 $ 22,200 $ -0$ 162,619 S 225,000. Date ofAppraisal: Location: Legal Description: Land Size: Zoning: Highest and Best Use: As ifVacant BEFORE: As ifVacant AFTER.: January
23, 2002 4139 Centurion Way, Town ofAddison, Texas Lot 6, Surveyor Addition, Town of Addison, Dallas County, Texas Whole Property (per DCAD records) 2.521 Acres Right ofway Area. . .
0.6709 Acres 1-1, Industrial-l District Commercial use . Commercial use 11615 Forest Central Drive -Suite 205 -Dallas, Texas 75243-3917 -(214) 553-1414 t : : I
BvALUATION ASSOCIATES RIGHT OF WAY LAND RIGHTS ANALYSIS· APPRAISAL • ACQUISITION • SOLUTIONS .. SUMMARY OF SALIENT FACTS AND CONCLUSIONS ARAPAHO ROAD PROJECT Property Owner: JH Crouch
Jr. and Jo Crouch Parcel No. 8 -...'. 􀁾􀁾􀀮􀁾 .. Valuation Conclusion: Whole Property Proposed Acquisition " Remainder Before Acquisition Remainder After Acquisition Loss in Value ofRemainder
After Determination ofCompensation: . Permanent Right ofWay Compensation for Improvements (paving) Landscaping (None -Replacement) Loss in Value ofRemainder After. Total Compensation
$1,900,000 $ . 62,381 $1,837,619 $1,675,000 $ 162,619 $ 40,181 $ 22,200· $ -0-. $ 162,619 S 225,000, Date ofAppraisal: . Location: Legal Description: Land Size: . Zoning: Highest and
Best Use: As ifVacant BEFORE: As ifVacant AFTER: January 23, 2002 4139 Centurion Way, Town ofAddison, Texas Lot 6, Surveyor Addition, Town of Addison, Dallas County, Texas Whole Property
(perDCAD records) 2.521 Acres Right ofway Area 0.6709 Acres I-I, Industrial-l District Commercial use Commercial use
"'":t' n􀁁􀁾u-􀁄􀁷IN-sooFN OFFICE OF THE CITY MANAGER 􀀡􀂮􀁩􀀧􀀢􀁲􀁴􀀡􀀡􀀸􀀡􀀢􀀢􀀢􀁦􀁬􀁬􀁾􀀧 t ® Post Office Box 9010 Addison, Texas 15001·9010 March 4, 2002 Mr. Gary B. Crouch ADR Partners
4444 Westgrove Drive, Suite 210 Addison, Texas 75001-3208 (972) 450-1000 • FAX (912) 450·1043 5300 Belt Line Road Re: 276 Trust Lot 6, Surveyor Addition to the Town of Addison Recorded
in Vol. 79130, Pg. 2495 in the Deed Records of Dallas County Dear Mr. Crouch: In February 2000, the Town of Addison elected to sell bonds in order to fund six construction projects.
Included in these projects is the extension of Arapaho road, from Addison Road to Marsh Lane. At this time we are in the right-of-way acquisition phase of the project. The Town of Addison
has determined the public need to acquire a 0.6709 acre portion of the 2.521 acre tract of land that is owned by you at 4139 Centurion Way. The public purpose for this land acquisition
is the necessary right-of-way for the Arapaho Road project along with related municipal uses uses including a public hike and bike trail. The firm of Evaluation Associates appraised
the property on January 23, 2002. The attached summary sheet shows a summary of facts and conclusions regarding this taking. On February 26, 2002, the City Council of the Town of Addison
authorized me to make an offer to purchase the 0.6709 acre tract of land at the appraised value of $225,000.00. The Town of Addison requests that you respond to this offer of purchase
within thirty (30) days of the date of this letter. If we do not hear from you within the thirty (30) day period, the Town will consider its offer rejected and we will initiate eminent
domain proceedings to acquire the property. Should you have any questions, please feel free to contact Mr. Mike Murphy, P.E., Director of Public Works, at 972-450-2871, or me. Sincerely,
Ron Whitehead City Manager
E: ALUATION ASSOCIA_3S RIOHT OF WAY LAND RIOHTS ANALYSIS -APPRAISAL -ACQUISmON -SOLunONS SUMMARY OF SALIENT FACfS AND CONCLUSIONS ARAPAHO ROAD PROJECf Property Owner: 276 Trust Valuation
Conclusion: Whole Property Proposed Acquisition Remainder Before Acquisition. Remainder After Acquisition Loss in Value ofRemainder After. Determination ofCompensation: Pemianent Right
ofWay Compemation for Improvements (paving) Landscaping· .(None -Replacement) Loss in Value ofRemainder After Total. Compensation . $1,900,000 $ . 62,381 $1,837,619 $1,675,000 $ 162,619
$ 40,181 $ 22,200 $ -0$ 162,619 S 225,000. Date ofAppraisal: Location: January 23, 2002 4139 Centurion Way, Town ofAddison, Texas /Legal Description: Land Size: Zoning: Highest and Best
Use: As ifVacant BEFORE: As ifVacant AFTER: Lot 6, Surveyor Addition, Town ofAddison, Dallas County, Texas Whole Propertr (perDCAD records) 2.521 Acres Right ofway Area. 0.6709 Acres
1-1, Industrial-l District Commercial use . Commercial use 11615 Forest Central Drive -Suite 205 -Dallas, Texas 75243-3917 • (214) 553·1414 e: , t
I!iI9Partners March 12, 2002 Mr. Ron Whitehead City Manager Town of Addison 5300 Belt Line Road Addison, TX 75001 Via Facsimile 972-450-7043 & Certified Mail Return Receipt Requested
Item Number 700016700008 77950483 Re: 4139 Centurion Way -Addison, Texas Dear Mr. Whitehead, I am in receipt of the notice letter to 276 Trust dated March 4, 2002 that makes an offer
to acquire a portion of the referenced property. I am currently working with several tenants to lease the referenced facility. The area that the Town of Addison needs to acquire has
thirty-six parking spaces that are 􀁮􀁥􀁣􀁾􀁳􀁳􀁡􀁲􀁹 for the building. The Town of Addison has been vague on what will happen to these thirty-six parking spaces. In order to respond
to these potential tenants for the property and not lose the opportunity to lease the property, I need the Town of Addison to immediately address the following issues: 1. Does the property
lose the thirty-six parking spaces? 2. If the parking lot will be available then: a. How many spaces will be available? b. How will the parking be accessible and will there be a height
restriction that will affect SUVs or trucks? c. What will be the construction of the parking lot (i.e. asphalt, coricrete or dirt)? d. Will the Town of Addison maintain the parking lot?
e. Will the parking lot be lighted? f. What are the restrictions on using the parking lot? g. Will the parking lot be designated for 4139 Centurion Way use only? h. What insurance will
be required for use of parking lot? 1. What will be the term of use of the parking lot and how will it be documented? J. Will the use of the parking lot be granted to the property or
only the current ownership? k. List all fees, costs and expenses that the Town of Addison would require for use of the parking lot. 1. When will const{Uction start and how long will
it last? m. Where can the tenants park when they lose the thirty-six parking spaces during construction? 4444 Westgrove, Suite 210 • Addison, TX 75001 Phone (972) 380-6752 • Fax (972)
931-1688
Mr. Rnn Whitehead March 12,2002 Page 2 of2 As previously outlined, these questions are immediately critical and impact the ability to lease the property. I need an immediate response
so that I can address these issues with potential tenants. c.c. Mr. Mike Murphy
MAR-27-2002 14:35 \\aNSTEAD 􀁾.•;.. ,,;.<: • March 26. 2002 VlAFACSIMlLE COWLES &THOMPSON 2146722020 P.03/05 din...t wat: 214.745.'274 bkrllght@wil1rtud.com Mr. Kenneth C. Dippel Cowles
& Thotnpson 901 Main Street, Suite 4000 Dallas. Texas 75202 Re: 276 Trost Lot 6, Surveyor Addition to the Town of Addison Rccorded in Volume 79130, Page 2495 in the Deed Records ofDaUas
County Dear Ken: The Uhdetsjsned 􀁾􀁲􀁥􀁾􀁥􀁮􀁴􀁳 276 Trust. the OWfIcr of the above 􀁾􀁦􀁥􀁴􀁥􀁴􀁬􀁣􀁥􀁤 property. I am in receipt of the March 4, 2002 tetlet from Ron Wh1tehnd, City
Manager ofAddison, a copy of whit;;h IS att.2lched. I am infonning yoU as city attomey that my 'licnt rejects the Town's offer. In an effort to negotiate in good faith and attempt to
resolve 1his matter amlcably. my client has asked that a meeting be arranged between Mr. Wh;tebeacl, the Town's appraiser, you and any other appropriate Town officials, and Gary Crouch,
out 􀁡􀁾􀁴􀁡􀁪􀁳􀁥􀁲􀀮 and the. The purpose ofthe meeling would be to discuss valuation issues and whether the atci! 􀁵􀁮􀁤􀁾􀁲 the elevated tanes can be used by my client for parking
in em effort to resolve thu; matter. Please Jet tne know of your dient's availability fQr $Ul;h a meeting. I Jook fo'ward to hearing from you in this regard. Sincerely, 􀁂􀁒􀁋􀁾􀁉􀁾􀁢
cc: Ga.ry Crouch DALLAS.I\J1S30.196\1 39m·l· 'faa 􀁮􀁴􀁎􀁉􀁜􀁊􀀤􀁾􀁁􀀢􀀧􀁃􀁐 􀁔􀀧􀀱􀀢􀁜􀁔􀁴􀀷􀁾􀀱􀁬 I WI t:t.M IIiT)lI'.ni rUI' j( TJ;VAc; 􀀧􀁾􀁾􀀱􀁮 􀁾􀀧􀁉􀀭􀁾 􀁲􀁏􀁏􀀯􀁾􀁧􀁧􀀧􀁾 􀁄􀁾􀁲􀀭􀁾
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I!m1Partners Apri I 10, 2002 Mr. Ron Whitehead City Manager Town of Addison 5300 Belt Line Road Dallas, TX 75240 Via Facsimile 972-450-7043 & Certified Mail Return Receipt Requested
Item Number 7001 2510 000414011573 Re: Letter Dated March 12, 2002 4139 Centurion Way -Addison, Texas Dear Mr. Whitehead, I sent you the attached referenced letter almost thirty days
ago and The Town of Addison has failed to respond as of this date in a definite manner to the assumptions in the appraisal by Evaluation Associates that there would be no loss of parking
due to the condemnation. Additionally, 1 subsequently asked for written confirmation of the policy, as represented in the appraisal by Evaluation Associates, that if the property improvements
were destroyed by more than 50%, the bui Iding could not be rebui It in the same footprint. The Town continues to be vague and noncommittal on both of these issues and I am losing the
opportunity to lease and potentially sell the property based on the lack of credible information. The Town chose to affect the economic viability of the property with the extension of
Arapaho Road. Since the process is represented to be fair and equitable it would be helpful if the Town would be concise and consistent and decide if the representations made in the
appraisal are correct. It was my understanding from speaking last week with Mike Murphy that the Town planned to have a meeting to discuss these issues on Monday or Tuesday of this week
and would contact me to set a meeting todefine these issues; however, as of this date I have not been contacted .. I request the opportunity to address the City Council at the next meeting on April 23, 2002. c.c. Mr. Mike
Murphy 4444 Westgrove, Suite 210 • Addison, TX 75001 Phone (972) 380-6752 • Fax (972) 931-1688
® Post Office Box 9010 Addison,Texas 75001·9010 . 􀁾􀀮􀀽􀀽􀀽􀀽􀀭􀀭􀀭 A-I.R.DW.rNsOoF..Ll..LJ N... OFFICE OF THE CITY MANAGER April 24, 2002 (972) 45()'7000 • FAX (972) 45()'7043 5300
Belt Line Road .' Mr. Gary Crouch ADR Partners 4444 Westgrove Drive, Suite 210 Addison, Texas 75001 Re: Arapaho Road Improvements Dear Mr. Crouch: Via Facsimile 972-931-1688 & Certified
Mail Return Receipt Requested Item Number 70000600002535916255 We appreciated the opportunity to meet with you last week regarding the planned improvements to Arapaho Road and the acquisition
by the Town of Addison of an interest in a portion (0.6709 acres out of the entire tract of2.521 acres) of the property located at the rear of 4139 CenturionWay in connection with that
project. You indicated duJ:ing our meeting that you have several groups who are interested ill purchasing or leasing that property, and that you would like us to address two items regarding
the Town's acquisition so that you can proceed with your plans: (1) whether or not the the parking which is currently in place at the rear of the building (approximately 36 parking spaces)
will be available for use by the owner upon the completion of the improvements, and (2) whether or not the building will be able to be reconstructed in the event it is damaged by more
than 50% of its replacement value. With respect to the parking, if the 36 parking spaces in the rear of the property are removed, the property will continue to have adequate parking
under-the Town's current parking resulations. However, the Town will agree that, upon the completion of the Arapaho Road improvements, the owner of the property will have access to substitute
parking (constructed by the Town) at the rear oftheproperty where parking is currently available.. . With respect to the reconstruction of the building, the property at 4139 Centurion
Way is currently zoned 1-1 Industrial District. The 1-1 District regulations provide .that the rear yard setback requirements are the same as for the LR Local Retail District. In In
the LR District there is no rear yard depth requirement unless the District adjoins a single-family or apartment district, in which case a 10 foot rear yard is required. Therefore, the
existing building will not be in violation of the current rear-yard setback requirements after the Town's acquisition of the property and construction of the improvements and will be
able to be reconstructed in its current location if it is damaged.
Mr. Gary Crouch Page 2 April 24, 2002 As youlaiow, we had previously provided to you an appraisal prepared by Evaluation . Associates, which valued the portion of the property being
acquired at $62,381.00 and concluded that the remainder of the property would be damaged in the amount of $162,619.00 as a result of the acquisition. Based on that appraisal, the Town
had offered to pay $225,000.00, which was not accepted. The damage to the property after the acquisition, however, was based upon an understanding that the building mi·ght not be able
to be reconstructed if it was damaged by more than 50% of its replacement value. However, as indicated above, under current regulations the building would be able to be reconstructed
in its current location, which eliminates the damages. Therefore, our offer is to acquire the 0.6709 acre tract for its appraised value at $62,381.00 together with the right to have
substitute parking in the rear of the property as described above.. We hope that this clarifies the issues which we have been discussing. Regarding the above offer, we request that you
respond to the offer within thirty (30) days of the date of this letter. If we do not hear from you within that time period, we will consider the offer rejected. Sincerely, Ron Whitehead
City Manager
, r" ! .' Analysis and Valuation ofProposed Acquisition Area (Continued) Proposed acquisition area located (see Page 28 for derivation ofvalues) within the existing easement area $29,223
x 5.50/SF x 25% (See Item 2 -Page 28) plus compensation for improvements in acquisition area: Asphalt parking area 11,100 SF x $2.00/SF Total compensation = $40,181 = $ 22,200 $62,381
Value of the Remainder Before the Acquisition The value ofthe Remainder Before the Acquisition is simply the mathematical difference between the value ofthe whole property less the value
ofthe Proposed Acquisition Area. Therefore, the value ofthe Remainder Before the Acquisition can be calculated as follows: Whole Property Value (Land only) Less: Value ofProposed Acquisition
Area Value ofthe Remainder Before the Acquisition $1,900,000 $ 62,381 $1,837,619 lI Value of the Remainder After the Acquisition As noted, the proposed acquisition area will be used
for the widening and realignment ofArapaho Road. After the acquisitions, the remaining site site will continue to be an interior tract having similar accessibility and increased visibility.
The remaining site will have similar highest and best use as before the acquisition. In developing the analysis of the Remainder Highest and Best Use and estimating the value after the
acquisition, several questions were formulated and answered through the combined sources of: analysis ofthe Right ofWay Acquisition Map, the engineering design and construction plans,
the Town of Addison Department of Engineering, and consultation with locally knowledgeable consultants. The answers to specific questions, combined with the analysis ofthe undersigned
land rights appraiser, were subsequently applied to market reaction observations and data introduced by the appraiser to finalize remainder impact conclusions. Following are som'e of
the considerations in the valuation ofthe remainder after the proposed acquisition(Remainder After). 1) Will the remainder property comply with zoning regulations? No, it appears the
remainder site will be a legal non-conforming use under current zoning. According to Ms. Carmen Moran, City Secretary andDirector ofPlanning and Zoning, ifthe subject remainder improvements
were destroyed by more than 50%, the building could not be re-built in the samefoot print. The new Arapaho Road row line 66
(( (.II I [ Analysis and Valuation ofProposed Acquisition Area (Continued) will be 4feetfrom the rear ofthe building. In order to comply with the required25feet setback, 21 feet ofthe
building would have to be removed. This necessitates a reevaluation ofthe subject remainderproperty which begins on thefollowing page. 2) Will the remainder property have access to new
Arapaho Road? No, at this time it appears Arapaho Road will be a limited access route and no access will be granted to individualproperties along the route, nor, would access benefit
the subject property. Additionally, the new road is severalfeet above the grade ofthe remainder and it is not practical to have access to the roadway from the subject remainder. 3) What
is the grade ofthe new Arapaho Road adjacent to the subject property? Basedon availableplan andprofile design plans, the newroad willbe approximately seven (7) feet above grade at the
western boundary of the subject remainder tract, rising at a grade of2.88% and isplanned to befifteen (15) feet above the eastern property boundary. 4) Are there any direct benefits
as a result ofthis project? Even though there will be no direct access, the subject remainderproperty may experience some degree of increased visibility as a result of adjacency to the
new Arapaho Road. However, this is not a measurable benefit Secondly, although not a benefitfrom the new road, the property owner should request a reduction in the assessed value due
to the reduced land and building size. Thirdly, it appears the property owner is relived ofany maintenance and liability ofthe existing easement area. Fourthly and more importantly,
the new elevated roadway being constructed as a bridge behind the subject property building, will effectively provide the opportunity for covered parking. As ofthe date ofthis appraisal,
a specific site/parkingplan has not beenprovided to the appraisers for consideration in this valuation process. However, it is assumed that a minimum ofthe same number (approximately
22) spaces will be substituted, as a part of the new road construction. Assuming that an equal or greater number ofparking spaces will be provided for the benefit of the subject property
under new Arapaho Road, it is assumed there is no loss ofparking as a result ofthe proposed acquisition. 67
(,' MAY-06-2002 15:58 COlAlLES & THOMPSON COWLES &THOMPSON A Professional Corporallon ATTORNEYS ANO COUNSELORS FACSIMILE COVER PAGE 2146722020 P.01/03 Date: May 6, 2002 Time: Total Number
of Pages (including this sheet): 3 TO: FROM: Normal/Rush: Normal (1) Ron Whitehead (2) Mike Murphy Ken C. Dippel Client/Matter #: 3195/25211 FAX: (972) 450-7043 FAX: (972) 450..2837
Direct Dial #; (214) 672-2156 MESSAGE: FYI regarding Crouch Property IF YOU HAVE ANY PROBLEMS WITH THIS TRANSMISSION, PLEASE CALL OUR SERVICE CENTER AT (214) 672·2508 or Yolanda Rodriguez
at (214) 672·2629 Thank you. IMPORTANT\CONFIOENTIAL: This message is intended only for the use of the individual or entity to which it is addressed. This message contains information
from the law firm of Cowles & Thompson which may be privileged, confidential, and exempt from disclosure under applicable law. If the reader of this message is not the intended recipienl
or the employee. or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication
is strictly prohibited. If you have received this communication in error, please notify us immediately at our telephone number (214) 672·2000. We will be happy to arrange for the return
of this message to us, via the United States Postal Service, at no cost to you. I) ALL A S T V L E R 901 MAIN SHEET SUITE 4000 DALLAS, HXAS 75202·319) T£ L 214.1>72.2 ODD FAX 214 .1>72.2020
WWW.COWLEHHOMPSON.COM
MAY-12I6-jI2l12l2 15:58 COWLES & THOMPSON ( '-oJ: /•.00'/06/02/HON 􀀱􀁾􀀺􀀱􀀹 FAl 214 74$ 588( WS&M DALLAS FLOOR 54 214672212120 P.12I2/03 􀁾􀁓􀀱􀁅􀁁􀁄 May 5,2002 VIA FACSlMlLE 214.672.2020
Mr. Kenneth C. Dippel Cowles &Thompson 901 Main 􀁓􀁴􀁲􀁾 Suite 4000 DaUut Texas 75202 diroot diAl: 214.745.5214 bknlgbi@winstllad.com Re: 276 Trust Lot 6, Surveyor Addition to the Town
of Addison (the "Property") . Recoroed in Volume 79130, Page 2495 in 􀁴􀁨􀁾 Deed Records ofDnlJas County Dear Ken: In accordance with our telephone conference on Apri129, 2002, my client,
Gary Crouch, bas 3.uth.orized me to present a settlement offer for the acquisition of 0.6709 acres of laud to corutruct Arapaho Road clevated on the north ,ide ofmy ¥1ic:nt'5 PropCI1y.
As YOll know frmn 􀁴􀁨􀁾 IDtloting and other discussions, Mr. Crouch belilWes that his Property will be damaged substantially by this .project. However, in order to settle this matter
amicably, my client i $ wilIing to settJe this mSUer under the following terms: 1. Payment. of $440,000 tor the acquisition of the right-of·way and remainder 􀁤􀁮􀁭􀁡􀁧􀁾􀀻 2. An interpretation,
Board of AcJjusrment approval and/or City Council approval of the necesslll'Y zoning to cure any nonconfunnities created by the right-of-way 􀁾􀁣􀁱􀁵􀁩􀁳􀁩􀁴􀁩􀁯􀁮􀀻 and J. The provision
of an 􀁾􀁳􀁥􀁭􀁥􀁯􀁴 at no «1st to ')..76 Trust to allow II. minimum of 36 parking spaces under the bridge structure to replace the parking spaces lost due to the roadWIIY. construction
to be constructed by the Town at its expense. 􀁾􀀮􀁏􀀨􀁬 aBN.lUSS....NCl! 􀀧􀁬􀀧􀁬􀀧􀀩􀁗􀁾􀀱􀁬 UOI JiLM Ii"1'Jl.filiT 1)1\ LUI:oi. TI!X AS n ').7(1 l'H :l14.74U400 f..-...x :noi.H:'.B!"1l
WJNSTllAO.C;OM" 􀁗􀁌􀁎􀁾􀀱􀀧􀁍􀁬􀀩 SfIJIl't::iT II< MJma:: 􀁍􀁾􀁾􀀧􀀧􀁬􀀧􀁦 ",,,J f'JJIJ",,,I"f " 􀁐􀁭􀀯􀁾􀁦􀀮􀁲􀁩􀁩􀁬􀀱􀁷􀀯 Crr"f".lrNt.·.,,., Alilli", 􀁄􀁁􀁉􀁊􀁾􀀬 Ildn Wurt., lltJll.r/.",
}A,.ieff Cit), :fh. W'oo'14.,i}, lV,uhill/:ID" V. c:.
􀁍􀁁􀁙􀀭􀀰􀀶􀁾􀀲􀀰􀀰􀀲 15:58 COWLES & THOMPSON 􀀮􀀨􀁬􀁬􀁩􀁾􀀧􀀰􀀸􀀯􀀰􀀲 &iON 13: 19 FA! 214 745 Ull 4 Mr. Kem1Bth C.Dippel 􀁍􀁡􀁹􀁓􀁾􀀲􀀰􀀰􀀲 Page 2 WS&M DALLAS FLOOR 54 2146722020 P.03/03
III 00.3 lbis offer is contingent upon the sale of the Property to a third party on or before July 31. 2002. The closing of the sale of the right of way shall occur on the same da.y
and immediately before the sale of the Property to the third party. Closing of the sale of the 􀁲􀁩􀁧􀁨􀁴􀀭􀀮􀁯􀁦􀁾􀁷􀁡􀁹 shall occur upon five (5) days written notice from 276 Trust
to the Town. The above referenced $440,000 shall be deposited with Hexter Fair Title Company, 8333 Douglas Avenue, Suite 130, Dallas, Texas 75215, Attention: rraci R. Miller, upon notice
of the closing of the sale of the rigbt-of·way to tho Town ofAddison lind the sale of the 􀁐􀁉􀁯􀁰􀁾􀁲􀁴􀁹 to the third party. The Town and 276 Trust shall work in good faith and take
reasonable efforts to elITe the nonoonfotmities created by the right-of-way acquisition and finalize the easement to provide a minimum of 36 parking spaces under the bridge structure
on or before the closing ofthe sale ofthe righ1-of-way. My client believes that his Property has been 􀁤􀁡􀁭􀁡􀁾􀁥􀁤 far in excess of the sett1emenr offer contained in this kiter. However,
Mr. Crouch believes that settlement oftbis matter is in the best long-term interest of both parties. This settlement 􀁯􀁦􀁦􀁾 shall expire unless accepted in writing on or before 5:00p.m.
Dallas time on May 9, 2002. Sincerely, WINSTEAD SECHR.EST & MINICK P.C. 􀁂􀁙􀀺􀁾 BRK:lkt co: Omy Crouch DA&.L.AS 1'136''''02\) 39.:135.1.-TOT8L P.03
18L ADDIsoN May 9, 2002 OFFICE OF THE CITY MANAGER ® Post Office Box 9010 Addison, Texas 75001-9010 (972) 450-7000· FAX (972) 450-7043 5300 Belt Line Road Mr. Gary Crouch ADR Partners
4444 Westgrove Drive, Suite 210 Addison, TX 75001 Re: 276 Trust Lot 6, Surveyor Addition to the Town of Addison (4136 Centurion Way) (the "Property") Dear Mr. Crouch: On Monday ofthis
week we received a letter from your attorney, Mr. Barry R. Knight, setting out your proposal to settle the Town of Addison's acquisition from the 276 Trust of a portion of the Property
located at 4139 Centurion Way for the extension of Arapaho Road. As you know, we believe that the Property will not be damaged by theTown's acquisition; however, in a spirit of cooperation
and in an attempt to amicably resolve this matter, we would offer the following in response to Mr. Knight's proposal: 1. The Town will agree to pay you an additional $50,000 over and
above the $62,381.00 offered in my letter ofApril 24, 2002, making a total payment for the acquisition of the right-of-way and any and all damages to the remainder ofthe Property in
the amount of$112,381.00. 2. As indicated in my April 24 letter, there are no nonconformities created by the right-of-way acquisition. 3. Upon the 􀁣􀁾􀁭􀁰􀁬􀁥􀁴􀁩􀁯􀁮 ofthe Arapaho
Road improveIllents, j:he owner of the property will have access through a license agreement to substitute parking (constructed by the Town) at the rear of the Property where parking
is currently available. Mr. Knight's letter conditioned your settlement proposal on the sale of the Property to a third party; however, the City is not willing to enter into any contingency
arrangements regarding the sale or leasing ofthe Property. We would ask that you respond to this offer on or before 5:00 p.m. on Tuesday, May 14, 2002. Sincerely, .. 􀁾􀁴􀁲􀀭􀀭􀁗􀁾 Ron
Whitehead City Manager
OFFICE OF THE CITY MANAGER (972) 450-7000· FAX (972) 450-7043 􀁾􀀧􀁾􀁾􀀡􀁉􀁊􀀡􀀡􀁉􀁬􀀡􀁬􀀡􀀡􀁾􀁾􀁾􀁾􀁾 ® Post Office Box 9010 Addison, Texas 75001-9010 September 17,2002 Mr. Barry R.
Knight Winstead Sechrest & Minick, P.C. 5400 Renaissance Tower 1201 Elm Street Dallas, Texas 75270 5300 Belt Line Road RE: 276 Trust Lot 6, Surveyor Addison to the Town of Addison (4136
Centurion Way) (the "Property") Recorded in Volume 79130, Page 2495 in the Deed Records of Dallas County Dear Mr. Knight: On August 27, 2002, the Town of Addison authorized condemnation
of the above-referenced property. A copy of the condemnation resolution is enclosed. As stated in my May 9, 2002 letter to your client Gary Crouch, the Town's final offer for the purchase
of the property is $112,381.00. If Mr. Crouch wishes to accept this offer, please let us know by September 27, 2002. If we do not hear from you by September 27, 2002, we will proceed
to file an action in condemnation. Very truly yours, Ron Whitehead City Manager for the Town of Addison Enclosure c: Gene Harris Absolute Systems, Ltd. Ken C. Dippel Angela K. Washington
Document #: 1017915
TOWN OF ADDISON, TEXAS RESOLUTION NO. R02-078 A RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF ADDISON, TEXAS DETERMINING THE NECESSITY OF ACQUIRING THE HEREINAFTER DESCRIBED REAL PROPERTY
OWNED BY ABSOLUTE SYSTEMS, LTD., ET AL. AND AUTHORIZING ITS CONDEMNATION AND/OR APPROPRIATION FOR PU,BLlC USE IN CONNECTION WITH THE REALIGNMENT AND EXTENSION OF ARAPAHO ROAD IN ADDISON,
TEXAS. BE IT RESOLVED BY THE CITY COUNCIL OF 'rHE TOWN OF ADDISON, TEXAS: SECTION 1. That for the purposes of this Resolution, the following definitions of terms shall apply: "PROPERTY":
The areas described in Exhibit "A" attached hereto and made a part hereof for all purposes. "PROPERTY INTEREST": Fee simple title to the land described in Exhibit "A" attached hereto
and incorporated herein. . "PRO..IECT": Realignment and extension of Arapaho Road, Addison, Texas. "OFFER AMOUNT":Sixty Two Thousand Three Hundred and Eighty One and No/100 Dollars ($62,381.00).
"OWNERS": Absolute Systems, Ltd. Juvat, Inc., general partner of Absolute Systems, Systems, Ltd. Joyce Harris, individually and as officer of Juvat, Inc. Gene Harris, individually and
as officer of Juvat, Inc. 276 Trust Gary B. Crouch, Trustee "L1EI\JHOLDER": Merrill Lynch Business Financial Services, Inc. David L. Fair, Trustee SECTION 2. That it is hereby determined
that public convenience and necessity requires that the Town of Addison should acquire the PROPERTY INTEREST in, over, and across the PROPERTY necessary for the PROJECT. SECTION 3. That
the PROPERTY is hereby determined to be necessary for the PROJECT. That for the purpose of acquiring the PROPERTY INTEREST in, OFFICE OF THE CITY SECRETARY R02-078
over, and across the PROPERTY, the City Manager, or such employee as he may designate, is hereby authorized and directed to offer the OFFER AMOUNT as payment for the PROPERTY to be acquired
and full damages allowable by law, which amount represents its fair cash market value. SECTION 4. That the Town of Addison determines to appropriate the PROPERTY INTEREST in, over, and
across the PROPERTY for the PROJECT under the laws of the State of Texas and the provisions of the Charter of the Town of Addison. SECTION 5. That, in thE3 event the OWNERS accept the
OFFER AMOUNT as authorized herein, the City Finance Director be and is hereby authorized to draw a check in favor of the OWNERS named above, or the current owners of record, in the OFFER
AMOUNT. SECTION 6. That the City is to have possession of the PROPERTY on closing; and the City will pay any title expenses and closing costs; and the City will pay court costs as may
be assessed by the Special Commissioners or the court. SECTION 7. Should the employee designated to make the official offer report to the City Attorney that the OWNERS have refused to
accept the OFFER AMOUNT as compensation for the hereinabove described taking from the OWNERS under the laws of eminent domain, which amount the City Council deems to be the fair cash
market value and all just compensation, in compliance with the laws of the State of Texas, this will be evidence that the Town of Addison cannot agree with the OWNERS as to the damages
legally allowable by law. In such case, the City Attorney is authorized and directed to file the necessary suit and take the necessary action for the prompt acquisition of the PROPERTY
in condemnation or in any manner provided by law. SECTION 8. That jn the event the Special Commissioners in Condemnation appointed by the court return an award that is the same amount
or less that the OFFER AMOUNT, the City Finance Director is hereby authorized to. issue a check not to exceed the amount of the Commissioners' award made payable to the County Clerk
of Dallas County to be deposited into the registry of the court to enable the City to take possession of the PROPERTY without further action of the City Council. SECTION 9. That in the
event it is subsequently determined that additional persons other than those named herein have an interest in the PROPERTY, then the City Attorney is authorized and directed to join
said parties as defendants in said condemnation suit. SECTION 10. That this resolution shall take effect immediately from and after its passage, as in the Charter in such cases is made
and provided. OFFICE OF THE CITY SECRETARY R02-078
DULY PASSED BY THE CITY COUNCIL OF THE TOWN OF ADDISON, TEXAS, this the 2ih day of August 2002. """I Mayor ATIEST: _(}--=.􀁲􀁦􀁜􀁾􀁾􀀭􀀭􀀭􀀬􀀬􀀭􀀭􀀭􀁟City Secretary Ii 􀁾􀁪􀁏AS TO FORM:
􀂷􀀯􀁾􀁾 Ken C. Dippel, City AttornE3y OFFICE OF THE CITY SECRETARY R02-078
''EXfIIBIT N' , , ..''Parcel 8 􀁆􀁩􀁥􀁬􀁤􀀬􀁾􀁯􀁴􀁥 Description Arapaho Road ,Project :T0V!n 'of Addis'on ,pallas 􀁾􀁯􀁵􀁾􀁾􀁾􀀬 Texas . , 􀁂􀁅􀁉􀁾􀁇 a description 􀀶􀁦􀀧􀁾 􀂷􀀰􀀮􀀶􀀷􀀰􀁾
acre· 􀀧􀀨􀀲􀀹􀁾􀀲􀀲􀀳 square foot) 􀁴􀁲􀁡􀁾􀁴 of land situated in the W.H. Witt Survey, Abstract Number 1609', and ,'the David Myers 􀁳􀁵􀁲􀀭􀁾􀁲􀁥􀁹􀀬􀀧 Abstract Number 923',' Tow'nof
Addison,' 􀁄􀁡􀁬􀁬􀁡􀁳􀀧􀁃􀁯􀁵􀁮􀁾􀁹􀀬 􀁔􀁥􀁾􀁡􀁳􀀬 and being a portion of a called, 2.·.5212 'a'ere tract of 'land' ,:conv.e'y·ed, 'to J.', H. 'Crouch, Jr. and' jo Doris Cr'ouch on
August. 4,: f997, and recorded in Volume 97153; Page 03266 of the, Deed Records' of Dallas' County, Texas,' sai,d called 􀀲􀀮􀁾􀀲􀁬􀀲 􀁡􀁣􀁲􀁾 tract 􀁢􀁾􀀡􀁮􀁧 all of 􀁾􀁌􀁯􀁴 6,"Surveyor
􀁁􀁤􀁤􀁩􀁴􀁩􀁯􀁾􀀬 Addison We'st Industrial E>'ark" , , an addition to the' Town of Addison; ·as. evidenced' by,. ,the plat dated March 29, 1979, an.d reco'rded in Volume, 79130, ,Page'
2495 of said Deed Records l said 0.6709 acre tract of 'land' ·,:being more particularly described by metes and bounds' as follo'wsf . -. , .,. ' . ,.,',.. . . .. BEGINNING at a 1/2 inch
iron rod found ,in' the proposed' North right' of way line 'of 'Arap'aho Road and the South right of' way line, o,f a 100 foot' wide' r:ailroad" right" 􀁯􀁾 ,W?iY as ,conveyed ,to' Dallas'
:Are'a, Ra-pid' ','Transit, Property', ",Acqui$ition" Corpor'at'ion' (herein r,eferred to 'as DART) 'on December' 27', '19.90 and' re'coided ,in Volume 91008, ,Page 139.0 ,of' 􀁳􀁾􀁩􀁤􀀧
Deed Records, sa_id' point being th'e cornmon Northeast::':" corne'rs of said. called. 2.5212 ac're tract and 􀁾􀁌􀁯􀁴 6," Survey6r Addition, 􀁾􀁤􀁤􀁩􀁳􀁯􀁮􀁗􀁥􀁳􀁴 Indust;r-ial Park",
and 􀁎􀁯􀁾􀁴􀁨􀁷􀁥􀀧􀁳􀁴 􀁣􀁯􀁲􀁮􀁥􀁾 of a called 3.4654 acre tract 6f land, 25% interest 􀁣􀁯􀁮􀁶􀁥􀁹􀁥􀁤􀁾􀁢􀁹 Epina Properties Limited 􀁾􀁯 15101 Midway Road' Par,tners, LTD. ":on
'December 25, 1998 and recorded" in Volume 98250,: Page' 02787 ,':of said Deed Records, 75% 􀁩􀁮􀁴􀁥􀁲􀁥􀁾􀀮􀀺􀁴􀀾 conveyed by Lehndorff & Babson Property Fund' to 15101 I-1idway, Road
''Partners, LTD. on 􀁄􀁥􀁣􀁾􀁩􀁮􀁢􀁥􀁲 25, 1998 and recorded in Volume 98250, Page 02796 of said Deed Records, said called 3.4654 acre tra,ct 􀁢􀁾􀁩􀁮􀁧 all of" the',', S).lrveyor Addition,
Addison West In'd1,lstriai' , 􀁅􀀩􀁡􀁲􀁫􀁾􀀧 , an", 'additio'n" . to ' 'the Town"' of' -􀀭􀁁􀁤􀁤􀁩􀁳􀁯􀁩􀁬􀁾􀀧 -". 'as' evidenced" by the plat' dat-e:d 'October 24, 1978 'and recorded
iIi .Volume 79029, Page 0984 of, s'aid Deed Records'; , ... _._------_.-----_._----_..􀁾􀀭􀀭􀁟􀀮􀁟􀀭􀀭􀀭􀀭􀀭􀀭􀀮􀁟􀀮􀁟􀀮􀀭 .--'-_._'_._--_.. _.. _. --. -_.. _.. ,. -.. THENCE, SOUTH
00°07' 27" W,EST (called South 09°08' 05" West), departing said lines and :along the cornmon East line' of said called 2.5212 ,acre tract ,and West line of said ca'lled 3.4654 acre tract,
a distance of 78.96.feet to a 5/8 inch :iron rod set in the proposed' South right:Sf way line of 􀁁􀁲􀁾􀁰􀁡􀁨􀁯 Road; .. ' ,. ,:' .)age 1 of 3 . '" " ".-:: .
PARCEL 8 -ARAPAHO ROAD PROJECT 􀀧􀀮􀀧􀁾􀀧 􀁾 . , , , THENCE", N:ORTH '89°-58' 49" WEST,-departing said common line and along the pl';oposed South right 'of way line of 'Arapaho' Road,
a distance of 370.10 feet to an' "XI' in concrete set in the common-. West. 'line" of' said -cai"led 2'.52'12 acre. tract and East line' of a -.' called 1.776' ,acre', tract of tand
"conveyed 'to' Michael· B., Schiff on 'August 31, 1982 arid recorded, in -Volume '82172, Page 2888 of said Deed Record$, said called ,1.776 aer,e' traet of land being all of Intervest
􀀧􀁃􀁾􀁭􀁰􀁡􀁮􀁩􀁥􀁳􀀧 'Addition; an addition.' to 'the ToWn of Addison, as evidenced by the' ,plat dated October '29, 1982, and 􀁲􀁥􀁣􀁰􀁲􀁤􀁾􀁤 'in Volume 􀁾􀀳􀀰􀀱􀀷􀀬 􀁾􀁡􀁧􀁥􀀧 2268
of said Deed Records; " ' THENCE, 􀁎􀁾􀁒􀁔􀁈􀀧 00°,05'03" EAST (called North 00°08'0511 East), departing" said, lin'e a'nd along the common West" line of' said calied ,2.5212 acre tract'
and East line' of said called 1.776 acre tract, a distance of 78,,95' f'eet to a 5/8 inch iron rod, rod, set in the proposed ,North' right of way 􀁬􀁩􀁮􀁾 of, 'Arapaho Road Road and
'South., right' of .,way' line, of 􀀬􀀮􀁾􀁡􀁩􀁤 DART railroad ,for, the common -Northwest 'corner of' said called 2.5212' acre' tract and Northeast " . . corner of said called J.776
acre tract, from ,said point a found , 1/2 􀁩􀁮􀁣􀁾 iron rod'bears'North bO C 08'lB" East, a distance of,O.24, feet; , THENCE,. :SOUTH 89,0 5S j 49" EAST '(Called EAST), ':departing
"said common line' 􀁾􀀢􀁮􀁤􀀧􀀬 along the ,common North line of said called 2.5212 acre, 􀁴􀀮􀁲􀁡􀁣􀁴􀁾 ,p'ropos'ed North right of way line of Arapaho Road" -and South right of way line
of said DART railroad, a dist,ance of 370.15 feet (called 370.00 􀁦􀁥􀁥􀁾􀀩 'to the POINT OF BBGINNING; CONTAINING an area of 0.6709 acres or 29,223 square feet of land within the metes
recited. ......... ---_.. _-__.._ .. .._.-._.. -, _ _ . E'aqe 2 of 3 OFFICE OF THE CITY SECRETARY RO?-07R
PARCEL 8 -ARAPAHO ROAD PROJECT All bearings' .are referenced' to the North Right of Way line of Centurion Way, called S 89°51' 55" E, according to the 􀁦􀁩􀁮􀁾􀁬 plat' of Lot 3, Surveyor
Addition, recorded in Vol. 77173, Page 135, Deed Records .of: Dallas-.countY,· T!=xas. O' A plat of even ·.survey description. date herewith accompanie·s. this :'. I, Ayub R.. Sandhu.,
. ·.a· Registered Professional.Land . Surveyor, hereby . certify' that -the 'legal description .. hereon 􀁡􀁾􀁤 the 􀁡􀁣􀁣􀁯􀁭􀁰􀁡􀁮􀁹􀁾􀁮􀁧􀁰􀁬􀁡􀁴 represent· an actual survey made
on' the' ·.:ground under 􀁭􀁹􀀧􀁾􀁾􀁰􀁥􀁲􀁶􀁩􀁳􀁩􀁯􀁮􀀺􀀧􀀬 ' . 􀁾􀀬􀁸􀀻􀁾􀁉􀀯􀀭􀀭􀀯􀀬􀀻􀀲􀀮􀁾􀀧􀁮 Ayu R.. Sandhu, R. P. L . 􀁾 . . Texas Registration No ...2910 .' . 􀀮􀁾 ... ,. .",
:. .. " Page 3 of 3 -􀀭􀀧􀀮􀀧􀁾􀁟􀀮 ___. __ 􀁾􀀢􀀧􀀺􀀢􀀧􀀺􀀺􀀧􀀧􀀺􀀮_ _ •__... , "",,,,-""'I"'"\'-'-"""\'/.., ..
.!5d 􀁾􀁾 1978-2003 ANGELA K. WASHINGTON 214.672.2144 AWASHINGTON@COWLESTHOMPSON.COM April 11, 2003 VIA HAND DELIVERY COWLES &THOMPSON A Professional Corporation ATTORNEYS AND COUNSELORS
Mr. Barry R. Knight Winstead Sechrest & Minick, P.C. 5400 Renaissance Tower 1201 Elm Street Dallas, Texas 75270 RE: Engineering Plans for Arapaho Bridge Dear Barry: Pursuant to your
request, accompanied by this letter, are the above-referenced plans III connection with the condemnation case for Parcel 8, Arapaho Road Extension Project. Sincerely, ---:\ )( 􀁜􀁾 􀁾􀁦􀁬
􀁾 􀀾􀁃􀀭􀀻􀁾􀁌 . I) 'I jr-Angela K. Washington AKW/yjr Enclosure c: Mr. Mike Murphy, w/Addison Mr. Steve Chutchian, wiAddison Mr. Lewis Isaacks Mr. Ken C. Dippel, w/firm DALLAS Document
#: 1047795 T Y L E R 901 MAIN STREET SUITE 4000 DALLAS, TEXAS 75202-3793 TEL 214.672.2000 FAX 214.672.2020 WWW.COWLESTHOMPSON.COM
Traffic Noise Model® (TNM ®) • Used to predict future noise levels from proposed project. • Development ofTNM®was funded, supervised and thoroughly validated by the Federal Highway Administration
(FHWA). • Approved for use by Texas Department of Transportation (TxDOT) for their highway noise analysis projects. • The latest and most sophisticated noise modeling program to be approved
for use in modeling of traffic noise on U.S. highways. • Incorporates features which make it a very good choice for accurate assessment of noise from this project (i.e., a bridge). •
Specifically the ability to very accurately input and model the geometry of the roadway, surrounding structures and receivers in 3 dimensions, as well as traffic volumes and speeds.
HumanPerception to Changes in Noise Levels in a Community Environment Change in Level (dBA) 35 10 Subjective Effect Barely perceptible Clearly perceptible Twice as loud Source: Acoustic Noise
Measurements, Hassel and Zaveri, June 1998. Based upon behavioral studies of human response to noise.
Arapaho Bridge Noise Analysis Predicted Exterior Noise Levels 75 􀁔􀀧􀁔􀁉􀁾􀀮􀁾􀁄􀀰􀀰􀁾􀁾􀁾􀁳􀀳􀀰􀀪􀁾􀀰􀀡􀀰􀀰􀀭􀀭􀀢􀀰􀀺􀁉􀀷􀀡􀀰􀁔􀁾􀁾􀁾􀁾􀀰􀀥􀀳􀁔􀁾􀀢􀀢􀀰􀁔􀀧􀁓􀁂􀁾 70 􀀫􀁲􀁾􀀢􀀮􀀮􀀮􀀲􀀺􀀺􀁣􀀮􀀮􀀮
65 􀀫􀁉􀀭􀁾􀀭􀀭􀀧􀀭 ___ 60 ('I !􀁾􀁾 55 i􀁾 ..:l 􀁾 ·S 50 ZiQ=45 40 35 30 mJExisting Ambient Level (based upon Noise Measurements) • Estimated Future Noise Level (from Arapaho Bridge
Noise Modeling) o Combined Future Noise Level (Ambient plus Project) • TxDOT Exterior Noise Level Standard 2 3 4 5 6 7 8 9 10 Receptor Number
Vibration Analysis, continued • Construction Noise: -FTA methodology for construction vibration assessment. -Found that drilling and other construction activities will be well below
damage criterion levels, even for "fragile buildings" category. -Conclusion: Construction vibration will be perceptible during the most active phases (i.e., drilling near the building)
but temporary and not damaging.
Vibration Analysis, continued • FTA Vibration Criteria: -Category 1 (low ambient vibration essential for interior operations): 65 VdB -Category 2 (residences and buildings where people
normally sleep): 72 VdB -Category 3 (institutional land uses with primarily daytime uses: 75 VdB • To ensure low vibration levels, extra attention will be paid in the final design and
construction to minimize breaks in roadway grade or irregularities in the roadway surface (such as at expansion joints). • Conclusion: At 58.5 VdB, the subject property will have a vibration
level below any of these categories including that for very sensitive land uses.
Vibration Analysis, continued • Rubber-tired vehicles: • 40 mph travel speed: • Elevated Structure: • Limestone: • Building: large masonry on piles: • Potential amplification due to
building resonance: • Total Predicted Vibration Level: 68VdB +2.5 VdB -10 VdB +2VdB -10 VdB +6VdB 58.5 VdB
Vibration Analysis • Used methodology from Federal Transit Administration's "Transit Noise and Vibration Impact Assessment" Handbook, April 1995. • Vibration analysis deals primarily
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Mr. Gary Crouch ADR Partners 4444 Westgrove, Suite 210 Addison, Texas 75001 Re: Arapaho Road-Improvements Dear Mr. Crouch: We appreciated the opportunity to meet with you last week regarding
the planned improvements to Arapaho Road and the acquisition by the Town of Addison of an interest in a portion (0.6709 acres out of the entire tract of2.521 acres) of the property located
at the rear of 4139 Centurion Way in connection with that project. You indicated during our meeting that you have several groups who are interested in purchasing or leasing that property,
and that you would like us to address two items regarding the Town's acquisition so that you can proceed with your plans: (1) whether or not the parking which is currently in place at
the rear of the building . . (approximately 36 parking spaces) will be available for use by the owner upon the completion of the improvements, and (2) whether or not the building will
be able to be reconstructed in the event it is damaged by more than 50% ofits replacement value. With respect to the. parking, if the 36 parking spaces in the rear of the property are
removed, the property will continue to have adequate parking under the Town's current parking regulations. However, the Town will agree that, upon the completion of the Arapaho Road
improvements, the owner of the property will have access to substitute parking (the Town of Addison will construct no less than 36 spaces underneath the cover of the bridge with appropriate
lighting) at the rear ofthe property where parking is currently available. With respect to the reconstruction of the building, the property at 4139 Centurion Way is currently zoned 1-1
Industrial District. The 1-1 District regulations provide that the rear yard setback requirements are the same as for the LR Local Retail District. In the LR District there is no rear
yard depth requirement unless the District adjoins a single-family or apartment district, in which case a 10 foot rear yard is required. Therefore, the existing building will not be
in in violation of the current rear-yard setback requirements after the Town's acquisition of the property and construction of the improvements and will be able to be reconstructed in
its current location ifit is damaged. As you know, we had previously provided to you an appraisal prepared by Evaluation Associates, which valued the portion of the property being acquired
at $62,381.00 and concluded that the remainder of the property would be damaged in the amount of$162,619.00 as a result of the acquisition. Based on that appraisal, the Town had offered
to pay $225,000.00, which was not accepted. The damage to the property after the acquisition, however, was based upon an understanding that the building might not be able to be reconstructed
if it was damaged by more than 50% of its replacement value. However, as indicated above, under current regulations the building would be able to be reconstructed in its current location,
which eliminates the damages. Therefore, our offer is to acquire the 0.6709 acre tract for its appraised value at $62,381.00 together with the right to have substitute parking in the
rear ofthe property as described above.
We hope that this clarifies the issues which we have been discussing. Regarding the above offer, we request that you respond to the offer within thirty (30) days of the date of this
letter. Ifwe do not hear from you within that time period, we will consider the offer rejected. Very truly yours, Ron Whitehead
Mr. Gary Crouch ADRPartners 4444 Westgrove, Suite 210 Addison, Texas 75001 Re: Arapaho Ruad-􀁉􀁭􀁰􀁲􀁯􀁶􀁥􀁭􀁥􀁮􀁴􀁾 Dear Mr. Crouch: We appreciated the opportunity to meet with you
last week regarding the planned improvements to Arapaho Road and the acquisition by the Town of Addison of an interest in a .portion (0.6709 acres out of the entire tract of 2.521 acres)
of the property located at the rear of 4139 Centurion Way in connection with that project. You indicated during our meeting that you have several groups who are interested in purchasing
or leasing that property, and that you would like us to address two items regarding the Town's acquisition so that you can proceed with your . plans: (1) whether or not the parking which
is currently in. place at the rear of the building (approximately 36 parking spaces) will be available for use by the owner upon the completion of the improvements, and. (2) whether
or not the building will be able to be reconstructed in the event it is damaged by more than 50% ofits replacement value. With respect to the. parking, if the 36. parking spaces in the
rear of the property are removed, the property will continue to have adequate parking under the Town's current parking regulations.· However, the' Town will agree that, upon the completion
of the Arapaho Road improvements, the owner of the property will have access to substitute parking (the Town of Addison will construct no less than 36 spaces underneath the cover of
the bridge with appropriate lighting) at the rear ofthe property where parking is currently available. With respect to the reconstruction of the building, the property at 4139 Centurion
Way is currently zoned I-I Industrial District. The I-I District regulations provide that the rear yard setback requirements are the same as for the LR Local Retail District. In the
LR District there is no rear yard depth requirement unless the District adjoins a single-family or apartment district, in which case a 10 foot rear yard is required. Therefore, the existing
buildit!buildit!g will not be in violation of the current rear-yard setback requirements after the Town's acquisition of the property and construction of the improvements and will be
able to be reconstructed in its current location ifit is damaged. As you know, we had previously provided to you an appraisal prepared by Evaluation Associates, which valued the portion
of the property being acquired at $62,381.00 and concluded that the remainder ofthe property would be damaged in the amount of$I62,6I9.00 as a result of the acquisition. Based on that
appraisal, the Town had offered to pay $225,000.00, which was not accepted. The damage to the property after the acquisition, however, was based upon an understanding that the building
might not be able to be reconstructed if it was damaged by more than 50% of its replacement value. However, as indicated above, under current regulations the building would be able to
be reconstructed in its current location, which eliminates the damages. Therefore, our offer is to acquire the 0.6709 acre tract for its appraised value at $62,381.00 together with the
right to have substitute parking in the rear ofthe property as described above.
We hope that this clarifies the issues which we have been discussing. Regarding the above offer, we request that you respond to the offer within thirty (30) days of the date of this
letter. Ifwe do not hear from you within that time period, we will consider the offer rejected. Very truly yours, Ron Whitehead
Mr. Gary Crouch ADRPartners 4444 Westgrove, Suite 210 Addison, Texas 75001 Re: .Arapaho Ruad-Improvements Dear Mr. Crouch: We appreciated the opportunity to meet with you last week regarding
the planned improvements to Arapaho Road and the acquisition by the Town of Addison of an interest in a portion (0.6709 acres out ofthe entire tract of 2.521 acres) ofthe property located
at the rear of 4139 Centurion Way in connection with that project. You indicated during our meeting that you have several groups who are interested in purchasing or leasing that property,
and that you would like us to address two items regarding the Town's acquisition so that you can proceed with your . plans: (1) whether or not the parking which is currently in place
at the rear of the building (approximately 36 parking spaces) will be available for use by the owner upon the completion of the improvements, and. (2) whether or not the building will
be able to be reconstructed in the event it is damaged by more than 50% ofits replacement value. With respect to the parking, if the 36 parking spaces in the rear of the property are
-. --. -removed, the property will continue to have adequate parking under the Town's current parking regulations. However, the Town will agree that, upon the completion of the Arapaho
Road improvements, the owner of the property will have access to substitute parking (the Town of Addison will construct no less than 36 spaces underneath the cover of the bridge with
appropriate lighting) at the rear ofthe property where parking is currently available. With respect to the reconstruction of the building, the property at 4139 Centurion Way is currently
zoned 1-1 Industrial District. The 1-1 District regulations provide that the rear yard setback requirements are the same as for the LR Local Retail District. In the LR District there
is no rear yard depth requirement unless the District adjoins a single-family or apartment district, in which case a 10 foot rear yard is required. Therefore, the existing building will
not be in violation of the current rear-yard setback requirements after the Town's acquisition of the property and construction of the improvements and will be able to be reconstructed
in its current location ifit is damaged. As you know,.we had previously provided to you an appraisal prepared by Evaluation Associates, which valued the portion ofthe property being
acquired at $62,381.00 and concluded that the remainder ofthe property would be damaged in the amount of $162,619.00 as a result of the acquisition. Based on that appraisal, the Town
had offered to pay $225,000.00; which was not accepted. The damage to the property after the acquisition, however, was based upon an understanding that the building might not be able
to be reconstructed if it was damaged by more than 50% of its replacement value. However, as indicated above, under current regulations the building would be able to be reconstructed
in its current location, which eliminates the damages. Therefore, our offer is to acquire the 0.6709 acre tract tract for its appraised value at $62,381.00 together with the right to
have substitute parking in the rear ofthe property as described above.
We hope that this clarifies the issues which we have been discussing. Regarding the· . above offer, we request that you respond to the offer within thirty (30) days of the date of this
letter. Ifwe do not hear from you within that time period, we will consider the offer rejected. . Very truly yours, Ron Whitehead
Mr. Gary Crouch ADR Partners 4444 Westgrove, Suite 210 Addison, Texas 75001 Re: Arapaho Ruad-Improvements Dear Mr. Crouch: We appreciated the opportunity to meet with you last week regarding
the planned improvements to Arapaho Road and the acquisition by the Town of Addison of an interest in a .portion (0.6709 acres out ofthe entire tract of2.521 acres) ofthe property located
at the rear of 4139 Centurion Way in connection with that project. You indicated during our meeting that you have several groups who are interested in purchasing or leasing that property,
and that you would like us to address two items regarding the Town's acquisition so that you can proceed with your . plans: .(1) whether or not the parking which is currently in place
at the rear of the building (approximately 36 parking spaces) will be available for use by the owner upon the completion of the improvements, and. (2) whether or not the building will
be able to be reconstructed in the event it is damaged by more than 50% ofits replacement value. With respect to the parking, if the 36 parking spaces in the rear of the property are
removed, the property will continue to have adequate parking under the Town's current parking regulations. However, the Town will agree that, upon. the· completion of the Arapaho Road
improvements, the owner of the property will have access to substitute parking (the Town of Addison will construct no less than 36 spaces underneath the cover of the bridge with appropriate
lighting) at the rear ofthe property where parking is currently available. With respect to the reconstruction of the building, the property at 4139 Centurion Way is currently zoned I-I
Industrial District. The I-I District regulations provide that the rear yard setback requirements are the same as for the LR Local Retail District. In the LR District there is no rear
yard depth requirement unless the District adjoins a single-family or apartment district, in which case a 10 foot rear yard is required. Therefore, the existing builclin;g will not be
in violation of the current rear-yard setback requirements after the Town's acquisition of the property and construction ofthe improvements and will be able to be reconstructed in its
current location if it is damaged. As· you know, we had previously provided to you an appraisal prepared by Evaluation Associates, which valued the portion ofthe property being acquired
at $62,381.00 and concluded that the remainder ofthe property would be damaged in the amount of$162,619.00 as a tesult of the acquisition. Based on that appraisal, the Town had offered
to pay $225,000.00, which was not accepted. The damage to the property after the acquisition, however, was based upon an understanding that the building might not be able to be reconstructed
if it was damaged by more than 50% of its replacement value. However, as indicated above, under current regulations the building would be able to be reconstructed in its current location,
which eliminates the damages. Therefore, our offer is to acquire the 0.6709 acre tract for its appraised value at $62,381.00 together with the right to have substitute parking in the
rear ofthe property as described above.
We hope that this clarifies the issues which we have been discussing. Regarding the above offer, we request that you respond to the offer within thirty (30) days of the date of this
letter. Ifwe do not hear from you within that time period, we will consider the offer rejected. Very truly yours, Ron Whitehead . , ..;'
Mr. Gary Crouch ADR Partners 4444 Westgrove, Suite 210 Addison, Texas 75001 Re: Arapaho Road Improvements Dear Mr. Crouch: We appreciated the opportunity to meet with you last week regarding
the planned improvements to Arapaho Road and the acquisition by the Town of Addison of an interest in a portion (0.6709 acres out of the entire tract of 2.521 acres) of the property
located at the rear of 4139 Centurion Way in connection with that project. You indicated during our meeting that you have several groups who are interested in purchasing or leasing that
property, and that you would like us to address two items regarding the Town's acquisition so that you can proceed with your plans: (l) whether or not the parking which is currently
in place at the rear of the building (approximately 36 parking spaces) will be available for use by the owner upon the completion of the improvements, and (2) whether or not the building
will be able to be reconstructed in the event it is damaged by more than 50% of its replacement value. With respect to the parking, if the 36 parking spaces in the rear of the property
are removed, the property will continue to have adequate parking under the Town's current parking regulations. However, the Town will agree that, upon the completion of the Arapaho Road
improvements, the owner of the property will have access to substitute parking (constructed by the Town) at the rear of the property where parking is currently available. With respect
to the reconstruction of the building, the property at 4139 Centurion Way is currently zoned 1-1 Industrial District. The 1-1 District regulations provide that the rear yard setback
requirements are the same as for the LR Local Retail District. In the LR District there is no rear yard depth requirement unless the District adjoins a single-family or apartment district,
in which case a 10 foot rear yard is required. Therefore, the existing building will not be in violation of the current rear-yard setback requirements after the Town's acquisition of
the property and construction of the improvements and will be able to be reconstructed in its current location if it is damaged. As you know, we had previously provided to you an appraisal
prepared by Evaluation Associates, which valued the portion of the property being acquired at $62,381.00 and concluded that the remainder of the property would be damaged in the amount
of $162,619.00 as a result of the acquisition. Based on that appraisal, the Town had offered to pay $225,000.00, which was not accepted. The damage to the property after the acquisition,
however, was based upon an understanding that the building might not be able to be reconstructed if it was damaged by more than 50% of its replacement value. However, as indicated above,
under current regulations the building would be able to be reconstructed in its current location, which eliminates the damages. Therefore, our offer is to acquire the 0.6709 acre tract
for its appraised value at $62,381.00 together with the right to have substitute parking in the rear of the property as described above. We hope that this clarifies the issues which
we have been discussing. Regarding the above offer, we request that you respond to the offer within thirty (30) days of the date of this letter. If we do not hear from you within that
time period, we will consider the offer rejected. Verytruly yours, Ron Whitehead
Mr. Gary Crouch ADR Partners 4444 Westgrove, Suite 210 Addison, Texas 75001 Re: Arapaho Road Improvements Dear Mr. Crouch: We appreciated the opportunity to meet with you last week regarding
the planned improvements to Arapaho Road and the acquisition by the Town of Addison of an interest in a portion (0.6709 acres out of the entire tract of 2.521 acres) of the property
located at the rear of 4139 Centurion Way in connection with that project. You indicated during our meeting that you have several groups who are interested in purchasing or leasing that
property, and that you would like us to address two items regarding the Town's acquisition so that you can proceed with your plans: (1) whether or not the parking which is currently
in place at the rear of the building (approximately 36 parking spaces) will be available for use by the owner upon the completion of the improvements, and (2) whether or not the building
will be able to be reconstructed in the" :'l event it is damaged by more than 50% of its replacement value. /( NO 􀁾􀁾􀁾 With respect to the parking, if the 36 parking spaces in the
rear of the 􀁲􀁯􀁰􀁥􀁾 removed, the property will continue to have adequate parking under the Town's ent parking regulations. However, the Town will agree that, upon the completion of
th Arapaho Road improvements, the owner of the property will have access to substitute parkin at the rear of the property where parking is currently available. With respect to the reconstruction
of the building, the property at 4139 Centurion Way is currently zoned I-I Industrial District. The I-I District regulations provide that the rear yard setback requirements are the same
as for the LR Local Retail District. In the LR District there is no rear yard depth requirement unless the District adjoins a single-family or apartment district, in which case a 10
foot rear yard is required. Therefore, the existing building will not be in violation of the current rear-yard setback requirements after the Town's acquisition of the property and construction
of the improvements and will be able to be reconstructed in its current location if it is damaged. As you know, we had previously provided to you an appraisal prepared by Evaluation
Associates, which valued the portion ofthe property being acquired at $62,381.00 and concluded that the remainder of the property would be damaged in the amount of$162,619.00 as a result
of the acquisition. Based on that appraisal, the Town had offered to pay $225,000.00, which was not accepted. The damage to the property after the acquisition, however, was based upon
an understanding that the building might not be able to be reconstructed if it was damaged by more than 50% of its replacement value. However, as indicated above, under current regulations
the building would be able to be reconstructed in its current location, which eliminates the damages. Therefore, our offer is to acquire the 0.6709 acre tract for its appraised value
at $62,381.00 together with the right to have substitute parking in the rear of the property property as described above.
We hope that this clarifies the issues which we have 􀁢􀁥􀁥􀁮􀁾􀂷􀀯. g. Regarding the above offer, we request that you respond to the offer within thirty 30) day of the date of this
letter. If we do not hear from you within that time period, we will co· e offer rejected. Very truly yours, Ron Whitehead
Mr. Gary Crouch ADRPartners 4444 Westgrove, Suite 210 Addison, Texas 75001 Re: Arapaho Rnad-Improvements Dear Mr. Crouch: We appreciated the opportunity to meet with you last week regarding
the planned improvements to Arapaho Road and the acquisition by the Town of Addison of an interest in a . portion (0.6709 acres out ofthe entire tract of2.521 acres) of the property
located at the rear of 4139 Centurion Way in connection with that project. You indicated during our meeting that you have several groups who are interested in purchasing or leasing that
property, and that you would like us to address two items regarding the Town's acquisition so that you can proceed with your plans: (1) whether or not the. parking which is currently
in place at the rear of the building (approximately 36 parking spaces) will be available for use by the owner upon the completion of the improvements, and (2) whether or not the building
will be able to be reconstructed in the . . event it is damaged by more than 50% ofits replacement value. With respect to the. parking, if the 36. parking spaces in the rear of the property
are removed, the property will continue to have adequate parking under the Town's current parking regulations. However, the Town will agree that, upon the completion of the Arapaho Road
improvements, the owner of the property will have access to substitute parking (the Town of Addison will construct no less than 36 spaces underneath the cover of the bridge with appropriate
lighting) at the rear ofthe property where parking is currently available. With respect to the reconstruction ofthe building, the property at 4139 Centurion Way is currently zoned I-I
Industrial District. The I-I District regulations provide that the rear yard setback requirements are the same as for the LR Local Retail District. In the LR District there is no rear
yard depth requirement unless the District adjoins a single-family or apartment district, in which case a 10 foot rear yard is required. Therefore, the existing building will not be
in violation of the current rear-yard setback requirements after the Town's acquisition of the property and construction of the improvements and will be able to be reconstructed in its
current location ifit is damaged. . As you know, we had previously provided to you an appraisal prepared by Evaluation Associates, which valued the portion ofthe property being acquired
at $62,381.00 and concluded that the remainder ofthe property would be damaged in the amount of $162,619.00 as a result of the acquisition. Based on that appraisal, the Town had offered
to pay $225,000.00, which was not accepted. The damage to the property after the acquisition, however, was based upon an understanding that the building might not be able to be reconstructed
if it was damaged by more than 50% of its replacement value. However, as indicated above, under current regulations the building would be able to be reconstructed in its current location,
which eliminates the damages. Therefore, our offer is to acquire the 0.6709 acre tract for its appraised value at $62,381.00 together with the right to have substitute parking in the
rear ofthe property as described above.
We hope that this clarifies the issues which we have been discussing. Regarding the· . above offer, we request that you respond to the offer within thirty (30) days of the date of this
letter. Ifwe do not hear from you within that time period, we will consider the offer rejected. Very truly yours, . Ron Whitehead
Mr. Gary Crouch ADR Partners 4444 Westgrove, Suite 210 Addison, Texas 75001 Re: Arapaho Road Improvements Dear Mr. Crouch: We appreciated the opportunity to meet with you last week regarding
the planned improvements to Arapaho Road and the acquisition by the Town of Addison of an interest in a portion (0.6709 acres out of the entire tract of 2.521 acres) of the property
located at the rear of 4139 Centurion Way in connection with that project. You indicated during our meeting that you have several groups who are interested in purchasing or leasing that
property, and that you would like us to address two items regarding the Town's acquisition so that you can proceed with your plans: (l) whether or not the parking which is currently
in place at the rear of the building (approximately 36 parking spaces) will be available for use by the owner upon the completion of the improvements, and (2) whether or not the building
will be able to be reconstructed in the event it is damaged by more than 50% of its replacement value. With respect to the parking, if the 36 parking spaces in the rear of the property
are removed, the property will continue to have adequate parking under the Town's current parking regulations. However, the Town will agree that, upon the completion of the Arapaho Road
improvements, the owner of the property will have access to substitute parking (constructed by the Town) at the rear of the property where parking is currently available. With respect
to the reconstruction of the building, the property at 4139 Centurion Way is currently zoned 1-1 Industrial District. The 1-1 District regulations provide that the rear yard setback
requirements are the same as for the LR Local Retail District. In the LR District there is no rear yard depth requirement unless the District adjoins a single-family or apartment district,
in which case a 10 foot rear yard is required. Therefore, the existing building will not be in violation of the current rear-yard setback requirements after the Town's acquisition of
the property and construction of the improvements and will be able to be reconstructed in its current location if it is damaged. As you know, we had previously provided to you an appraisal
prepared by Evaluation Associates, which valued the portion of the property being acquired at $62,381.00 and concluded that the remainder of the property would be damaged in the amount
of $162,619.00 as a result of the acquisition. Based on that appraisal, the Town had offered to pay $225,000.00, which was not accepted. The damage to the property after the acquisition,
however, was based upon an understanding that the building might not be able to be reconstructed if it was damaged by more than 50% of its replacement value. However, as indicated above,
under current regulations the building would be able to be reconstructed in its current location, which eliminates the damages. Therefore, our offer is to acquire the 0.6709 acre tract
for its appraised value at $62,381.00 together with the right to have substitute parking in the rear ofthe property as described above. We hope that this clarifies the issues which we
have been discussing. Regarding the above offer, we request that you respond to the offer within thirty (30) days of the date of this letter. Ifwe do not hear from you within that time
period, we will consider the offer rejected. Very truly yours, Ron Whitehead
Mr. Gary Crouch ADR Partners 4444 Westgrove, Suite 210 Addison, Texas 75001 Re: Arapaho Road Improvements Dear Mr. Crouch: We appreciated the opportunity to meet with you last week regarding
the planned improvements to Arapaho Road and the acquisition by the Town of Addison of an interest in a portion (0.6709 acres out of the entire tract of 2.521 acres) of the property
located at the rear of 4139 Centurion Way in connection with that project. You indicated during our meeting that you have several groups who are interested in purchasing or leasing that
property, and that you would like us to address two items regarding the Town's acquisition so that you can proceed with your plans: (1) whether or not the parking which is currently
in place at the rear of the building (approximately 36 parking spaces) will be available for use by the owner upon the completion of the improvements, and (2) whether or not the building
will be able to be reconstructed in the event it is damaged by more than 50% of its replacement value. With respect to the parking, if the 36 parking spaces in the rear of the property
are removed, the property will continue to have adequate parking under the Town's current parking regulations. However, the Town will agree that, upon the completion of the Arapaho Road
improvements, the owner of the property will have access to substitute parking (constructed by the Town) at the rear of the property where parking is currently available. With respect
to the reconstruction of the building, the property at 4139 Centurion Way is currently zoned 1-1 Industrial District. The 1-1 District regulations provide that the rear yard setback
requirements are the same as for the LR Local Retail District. In the LR District there is no rear yard depth requirement unless the District adjoins a single-family or apartment district,
in which case a 10 foot rear yard is required. Therefore, the existing building will not be in violation of the current rear-yard setback requirements after the Town's acquisition of
the property and construction of the improvements and will be able to be reconstructed in its current location if it is damaged. As you know, we had previously provided to you an appraisal
prepared by Evaluation Associates, which valued the portion of the property being acquired at $62,381.00 and concluded that the remainder of the property would be damaged in the amount
of$162,619.00 as a result of the acquisition. Based on that appraisal, the Town had offered to pay $225,000.00, which was not accepted. The damage to the property after the acquisition,
however, was based upon an understanding that the building might not be able to be reconstructed if it was damaged by more than 50% of its replacement value. However, as indicated above,
under current regulations the building would be able to be reconstructed in its current location, which eliminates the damages. Therefore, our offer is to acquire the 0.6709 acre tract
for its appraised value at $62,381.00 together with the right to have substitute parking in the rear of the property as described above. We hope that this clarifies the issues which
we have been discussing. Regarding the above offer, we request that you respond to the offer within thirty (30) days ofthe date of this letter. Ifwe do not hear from you within that
time period, we will consider the offer rejected. Very truly yours, Ron Whitehead
Mr. Gary Crouch ADR Partners 4444 Westgrove, Suite 210 Addison, Texas 75001 Re: Arapaho Road Improvements Dear Mr. Crouch: We appreciated the opportunity to meet with you last week regarding
the planned improvements to Arapaho Road and the acquisition by the Town of Addison of an interest in a portion (0.6709 acres out of the entire tract of 2.521 acres) of the property
located at the rear of 4139 Centurion Way in connection with that project. You indicated during our meeting that you have several groups who are interested in purchasing or leasing that
property, and that you would like us to address two items regarding the Town's acquisition so that you can proceed with your plans: (1) whether or not the parking which is currently
in place at the rear of the building (approximately 36 parking spaces) will be available for use by the owner upon the completion of the improvements, and (2) whether or not the building
will be able to be reconstructed in the event it is damaged by more than 50% of its replacement value. With respect to the parking, if the 36 parking spaces in the rear of the property
are removed, the property will continue to have adequate parking under the Town's current parking regulations. However, the Town will agree that, upon the completion of the Arapaho Road
improvements, the owner of the property will have access to substitute parking (constructed by the Town) at the rear of the property where parking is currently available. With respect
to the reconstruction of the building, the property at 4139 Centurion Way is currently zoned 1-1 Industrial District. The 1-1 District regulations provide that the rear yard setback
requirements are the same as for the LR Local Retail District. In the LR District there is no rear yard depth requirement unless the District adjoins a single-family or apartment district,
in which case a 10 foot rear yard is required. Therefore, the existing building will not be in violation of the current rear-yard setback requirements after the Town's acquisition of
the property and construction of the improvements and will be able to be reconstructed in its current location if it is damaged. As you know, we had previously provided to you an appraisal
prepared by Evaluation Associates, which valued the portion of the property being acquired at $62,381.00 and concluded that the remainder of the property would be damaged in the amount
of $162,619.00 as a result of the acquisition. Based on that appraisal, the Town had offered to pay $225,000.00, which was not accepted. The damage to the property after the acquisition,
however, was based upon an understanding that the building might not be able to be reconstructed if it was damaged by more than 50% of its replacement value. However, as indicated above,
under current regulations the building would be able to be reconstructed in its current location, which eliminates the damages. Therefore, our offer is to acquire the 0.6709 acre tract
for its appraised value at $62,381.00 together with the right to have substitute parking in the rear of the property as described above. We hope that this clarifies the issues which
we have been discussing. Regarding the above offer, we request that you respond to the offer within thirty (30) days of the date of this letter. If we do not hear from you within that
time period, we will consider the offer rejected. Very truly yours, Ron Whitehead
Mr. Gary Crouch ADR Partners 4444 Westgrove, Suite 210 Addison, Texas 75001 Re: Arapaho Road·lmprovements Dear Mr. Crouch: We appreciated the opportunity to meet with you last week regarding
the planned improvements to Arapaho Road and the acquisition by the Town of Addison of an interest in a portion (0.6709 acres out ofthe entire tract of2.521 acres) of the property located
at the rear of 4139 Centurion Way in connection with that project. You indicated during our meeting that you have several groups who are interested in purchasing or leasing that property,
and that you would like us to address two items regarding the Town's acquisition so that you can proceed with your plans: (1) whether or not the parking which is currently in place at
the rear of the building (approximately 36 parking spaces) will be available for use by the owner upon the completion of the improvements, and (2) whether or not the building will be
able to be reconstructed in the event it is damaged by more than 50% ofits replacement value. With respect to the parking, if the 36 parking spaces in the rear of the property are removed,
the property will continue to have adequate parking under the Town's current parking regulations. However, the Town will agree that, upon the completion of the Arapaho Road improvements,
the owner of the property will have access to substitute parking (the Town of Addison will construct no less than 36 spaces underneath the cover of the bridge with appropriate lighting)
at the rear ofthe property where parking is currently available. With respect to the reconstruction ofthe building, the property at 4139 Centurion Way is currently zoned 􀁉􀁾1 Industrial
District. The I􀁾1 District regulations provide that the rear yard setback requirements are the same as for the LR Local Retail District. In the LR DistriCt there is no rear yard depth
requirement unless the District adjoins a single-family or apartment district, in which case a 10 foot rear yard is required. Therefore, the existing building will not be in violation
of the current rear-yard setback requirements after the Town's acquisition of the property and construction of the improvements and will be able to be reconstructed in its current location
if it is damaged. As you know, we had previously provided to you an appraisal prepared by Evaluation Associates, which valued the portion ofthe property being acquired at $62,381.00
and concluded that the remainder of the property would be damaged in the amount of$162,619.00 as a result of the acquisition. Based on that appraisal, the Town had offered to pay $225,000.00,
which was not accepted. The damage to the property after the acquisition, however, was based upon an understanding that the building might not be able to be reconstructed if it was damaged
by more than 50% of its replacement value. However, as indicated above, under current regulations the building would be able to be reconstructed in its current location, which eliminates
the damages. Therefore, our offer is to acquire the 0.6709 acre tract for its its appraised value at $62,381.00 together with the right to have substitute parking in the rear ofthe property
as described above.
Mr. Gary Crouch ADR Partners 4444 Westgrove, Suite 210 Addison, Texas 75001 Re: Arapaho Road Improvements Dear Mr. Crouch: We appreciated the opportunity to meet with you last week regarding
the planned improvements to Arapaho Road and the acquisition by the Town of Addison of an interest in a portion (0.6709 acres out of the entire tract of 2.521 acres) of the property
located at the rear of 4139 Centurion Way in connection with that project. You indicated during our meeting that you have several groups who are interested in purchasing or leasing that
property, and that you would like us to address two items regarding the Town's acquisition so that you can proceed with your plans: (1) whether or not the parking which is currently
in place at the rear of the building (approximately 36 parking spaces) will be available for use by the owner upon the completion of the improvements, and (2) whether or not the building
will be able to be reconstructed in the event it is damaged by more than 50% of its replacement value. With respect to the parking, if the 36 parking spaces in the rear of the property
are removed, the property will continue to have adequate parking under the Town's current parking regulations. However, the Town will agree that, upon the completion of the Arapaho Road
improvements, the owner of the property will have access to substitute parking (constructed by the Town) at the rear of the property where parking is currently available. With respect
to the reconstruction of the building, the property at 4139 Centurion Way is currently zoned 1-1 Industrial District. The 1-1 District regulations provide that the rear yard setback
requirements are the same as for the LR Local Retail District. In the LR District there is no rear yard depth requirement unless the District adjoins a single-family or apartment district,
in which case a 10 foot rear yard is required. Therefore, the existing building will not be in violation of the current rear-yard setback requirements after the Town's acquisition of
the property and construction of the improvements and will be able to be reconstructed in its current location if it is damaged. As you know, we had previously provided to you an appraisal
prepared by Evaluation Associates, which valued the portion of the property being acquired at $62,381.00 and concluded that the remainder of the property would be damaged in the amount
of $162,619.00 as a result of the acquisition. Based on that appraisal, the Town had offered to pay $225,000.00, which was not accepted. The damage to the property after the acquisition,
however, was based upon an understanding that the building might not be able to be reconstructed if it was damaged by more than 50% of its replacement value. However, as indicated above,
under current regulations the building would be able to be reconstructed in its current location, which eliminates the damages. Therefore, our offer is to acquire the 0.6709 acre tract
for its appraised value at $62,381.00 together with the right to have substitute parking in the rear of the property as described above. We hope that this clarifies the issues which
we have been discussing. Regarding the above offer, we request that you respond to the offer within thirty (30) days of the date of this letter. Ifwe do not hear from you within that
time period, we will consider the offer rejected. Very truly yours, Ron Whitehead
Mr. Gary Crouch ADR Partners 4444 Westgrove, Suite 210 Addison, Texas 75001 Re: Arapaho Road"Improvements Dear Mr. Crouch: We appreciated the opportunity to meet with you last week regarding
the planned improvements to Arapaho Road and the acquisition by the Town of Addison of an interest in a portion (0.6709 acres out of the entire tract of 2.521 acres) of the. property
located at the rear of 4139 Centurion Way in connection with that project. You indicated during our meeting that you have several groups who are interested in purchasing or leasing that
property, and that you would like us to address two items regarding the Town's acquisition so that you can proceed with your plans: (1) whether or not the parking which is currently
in place at the rear of the building . . . . . . (approximately 36 parking spaces) will be available for use by the owner upon the completion of the improvements, and. (2) whether or
not the building will be able to be reconstructed in the event it is damaged by more than 50% ofits replacement value. With re.spect to.the parking, if the 36_park.in-g spaces in the
rear of the pro. perty .are 􀁾 removed, the property will continue to have adequate parking under the Town's current parking regulations. However, the Town will agree that, upon the
completion of the Arapaho Road improvements, the owner of the property will have access to substitute parking (the Town of Addison will construct no less than 36 spaces underneath the
cover of the bridge with appropriate lighting) at the rear ofthe property where parking is currently available. With respect to the reconstruction ofthe building, the property at 4139
Centurion Way is currently zoned 1-1 Industrial District. The 1-1 District regulations provide that the rear yard setback requirements are the same as for the LR Local Retail District.
In the LR District there is no rear yard depth requirement unless the District adjoins a single-family or apartment district, in which case a 10 foot rear yard is required. Therefore,
the existing 􀁢􀁵􀁩􀁩􀁬􀁾􀁧 will not be in violation of the current rear-yard setback requirements after the Town's acquisition of the property and construction of the improvements and
will be able to be reconstructed in its current location ifit is damaged. As you know, we had previously provided to you an appraisal prepared by Evaluation Associates, which valued
the portion ofthe property being acquired at $62,381.00 and concluded that the remainder ofthe property would be damaged in the amount of$162,619.00 as a tesult of the acquisition. Based
on that appraisal, the Town had offered to pay $225,000.00; which was not accepted. The damage to the property after the acquisition, however, was based upon an understanding that the
building might not be able to be reconstructed if it was damaged by more than 50% of its replacement value. However, as indicated above, under current regulations the building would
be able to be reconstructed in its current location, which eliminates the damages. Therefore, our offer is to acquire the the 0.6709 acre tract for its appraised value at $62,381.00
together with the right to have substitute parking in the rear ofthe property as described above.
We hope that this clarifies the issues which we have been discussing. Regarding the above offer, we request that you respond to the offer within thirty (30) days of the date of this
letter. Ifwe do not hear from you within that time period, we will consider the offer rejected. Very truly yours, Ron Whitehead
Mr. Gary Crouch ADR Partners 4444 Westgrove, Suite 210 Addison, Texas 75001 Re: Arapaho Road Improvements Dear Mr. Crouch: We appreciated the opportunity to meet with you last week regarding
the planned improvements to Arapaho Road and the acquisition by the Town of Addison of an interest in a portion (0.6709 acres out of the entire tract of 2.521 acres) of the property
located at the rear of 4139 Centurion Way in connection with that project. You indicated during our meeting that you have several groups who are interested in purchasing or leasing that
property, and that you would like us to address two items regarding the Town's acquisition so that you can proceed with your plans: (1) whether or not the parking which is currently
in place at the rear of the building (approximately 36 parking spaces) will be available for use by the owner upon the completion of the improvements, and (2) whether or not the building
will be able to be reconstructed in the event it is damaged by more than 50% of its replacement value. With respect to the parking, if the 36 parking spaces in the rear of the property
are removed, the property will continue to have adequate parking under the Town's current parking regulations. However, the Town will agree that, upon the completion of the Arapaho Road
improvements, the owner of the property will have access to substitute parking (constructedby the Town) at the rear of the property where parking is currently available. With respect to the reconstruction of the building, the property at 4139 Centurion Way is currently zoned
I-I Industrial District. The I-I District regulations provide that the rear yard setback requirements are the same as for the LR Local Retail District. In the LR District there is no
rear yard depth requirement unless the District adjoins a single-family or apartment district, in which case a 10 foot rear yard is required. Therefore, the existing building will not
be in violation of the current rear-yard setback requirements after the Town's acquisition of the property and construction of the improvements and will be able to be reconstructed in
its current location if it is damaged. As you know, we had previously provided to you an appraisal prepared by Evaluation Associates, which valued the portion of the property being acquired
at $62,381.00 and concluded that the remainder of the property would be damaged in the amount of $162,619.00 as a result of the acquisition. Based on that appraisal, the Town had offered
to pay $225,000.00, which was not accepted. The damage to the property after the acquisition, however, was based upon an understanding that the building might not be able to be reconstructed
if it was damaged by more than 50% of its replacement value. However, as indicated above, under current regulations the building would be able to be reconstructed in its current location,
which eliminates the damages. Therefore, our offer is to acquire the 0.6709 acre tract for its appraised value at $62,381.00 together with the right to have substitute parking in the
rear of the property as described above. We hope that this clarifies the issues which we have been discussing. Regarding the above offer, we request that you respond to the offer within
thirty (30) days of the date of this letter. If we do not hear from you within that time period, we will consider the offer rejected. Very truly yours, Ron Whitehead
, ' E/e ate MI wa 6/0 6/5 600 605 630 620 635 625 ----41-"'-.... ..--............... 11ft-o n ,'vorl s v -.. 1ft 􀁾 􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀁾 ----------------TYPE 2.02. rrr 'J ----.-7ft-6
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Mr. Gary Crouch ADR Partners 4444 Westgrove, Suite 210 Addison, Texas 75001 Re: Arapaho Road Improvements Dear Mr. Crouch: We appreciated the opportunity to meet with you last week regarding
the planned improvements to Arapaho Road and the acquisition by the Town of Addison of an interest in a portion (0.6709 acres out of the entire tract of 2.521 acres) of the property
located at the rear of 4139 Centurion Way in connection with that project. You indicated during our meeting that you have several groups who are interested in purchasing or leasing that
property, and that you would like us to address two items regarding the Town's acquisition so that you can proceed with your plans: (1) whether or not the parking which is currently
in place at the rear of the building (approximately 36 parking spaces) will be available for use by the owner upon the completion of the improvements, and (2) whether or not the building
will be able to be reconstructed in the event it is damaged by more than 50% of its replacement value. With respect to the parking, if the 36 parking spaces in the rear of the property
are removed, the property will continue to have adequate parking under the Town's current parking regulations. However, the Town will agree that, upon the completion of the Arapaho Road
improvements, the owner of the property will have access to substitute parking (constructed by the Town) at the rear of the property where parking is currently available. With respect
to the reconstruction of the building, the property at 4139 Centurion Way is currently zoned 1-1 Industrial District. The 1-1 District regulations provide that the rear yard setback
requirements are the same as for the LR Local Retail District. In the LR District there is no rear yard depth requirement unless the District adjoins a single-family or apartment district,
in which case a 10 foot rear yard is required. Therefore, the existing building will not be in violation of the current rear-yard setback requirements after the Town's acquisition of
the property and construction of the improvements and will be able to be reconstructed in its current location ifit is damaged. As you know, we had previously provided to you an appraisal
prepared by Evaluation Associates, which valued the portion of the property being acquired at $62,381.00 and concluded that the remainder of the property would be damaged in the amount
of$162,6l9.00 as a result of the acquisition. Based on that appraisal, the Town had offered to pay $225,000.00, which was not accepted. The damage to the property after the acquisition,
however, was based upon an understanding that the building might not be able to be reconstructed if it was damaged by more than 50% of its replacement value. However, as indicated above,
under current regulations the building would be able to be reconstructed in its current location, which eliminates the damages. Therefore, our offer is to acquire the 0.6709 acre tract
for its appraised value at $62,381.00 together with the right to have substitute parking in the rear rear of the property as described above. We hope that this clarifies the issues which
we have been discussing. Regarding the above offer, we request that you respond to the offer within thirty (30) days of the date of this letter. Ifwe do not hear from you within that
time period, we will consider the offer rejected. Very truly yours, Ron Whitehead
Mr. Gary Crouch ADR Partners 4444 Westgrove, Suite 210 Addison, Texas 75001 Re: Arapaho Ruad-Improvements Dear Mr. Crouch: We appreciated the opportunity to meet with you last week regarding
the planned improvements to Arapaho Road and the acquisition by the Town of Addison of an interest in a . portion (0.6709 acres out of the entire tract of 2.521 acres) of the property
located at the rear of 4139 Centurion Way in connection with that project. You indicated during our meeting that you have several groups who are interested in purchasing or leasing that
property, and that you would like us to address two items regarding the Town's acquisition so that you can proceed with your . plans: .(1) whether or not the parking which is currently
in place at the rear of the building (approximately 36 parking spaces) will be available for use by the owner upon the completion of the improvements, and (2) whether or not the building
will be able to be reconstructed in the event it is damaged by more than 50% ofits replacement value. With respect to the. parking, if the 36. parking spaces in the rear of the property
are removed, the property will continue to have adequate parking under the Town's current parking regulations. However, the Town will agree that, upon the completion of the Arapaho Road
improvements, the owner of the property will have access to substitute parking (the Town of Addison will construct no less than 36 spaces underneath the cover of the bridge with appropriate
lighting) at the rear ofthe property where parking is currently available. With respect to the reconstruction ofthe building, the property at 4139 Centurion Way is currently zoned 1-1
Industrial District. The 1-1 District regulations provide that the rear yard setback requirements are the same as for the LR Local Retail District. In the LR District there is no rear
yard depth requirement unless the District adjoins a single-family or apartment district, in which case a 10 foot rear yard is required. Therefore, the existing builclit!g will not be
in violation of the current rear-yard setback requirements after the Town's acquisition of the property and construction ofthe improvements and will be able to be reconstructed in its
current location ifit is damaged. As you know, we had previously provided to you an appraisal prepared by Evaluation Associates, which valued the portion ofthe property being acquired
at $62,381.00 and concluded that the remainder ofthe property would be damaged in the amount of$162,619.00 as a tesult of the acquisition. Based on that appraisal, the Town had offered
to pay $225,000.00, which was not accepted. The damage to the property after the acquisition, however, was based upon an understanding that the building might not be able to be reconstructed
if it was damaged by more than 50% of its replacement value. However, as indicated above, under current regulations the building would be able to be reconstructed in its current location,
which eliminates the damages. Therefore, our offer is to acquire the 0.6709 acre tract for its appraised value at $62,381.00 together with the right to have substitute parking in the
rear ofthe property as described above.
We hope that this clarifies the issues which we have been discussing. Regarding the . above offer, we request that you respond to the offer within thirty (30) days of the date of this
letter. Ifwe do not hear from you within that time period, we will consider the offer rejected. Very truly yours, Ron Whitehead
Mr. Gary Crouch ADR Partners 4444 Westgrove, Suite 210 Addison, Texas 75001 Re: Arapaho Ruad-Improvements Dear Mr. Crouch: We appreciated the opportunity to meet with you last week regarding
the planned improvements to Arapaho Road and the acquisition by the Town of Addison of an interest in a portion (0.6709 acres out ofthe entire tract of2.521 acres) ofthe property located
at the rear of 4139 Centurion Way in connection with that project. You indicated during our meeting that you have several groups who are interested in purchasing or leasing that property,
and that you would like us to address two items regarding the Town's acquisition so that you can proceed with your plans: (1) whether or not the parking which is currently in place at
the rear of the building -... . . (approximately 36 parking spaces) will be available for use by the owner upon the completion of the improvements, and .(2) whether or not the building
will be able to be reconstructed in the event it is damaged by more than 50% ofits replacement value. With respect to the. parking, if the 36. parking spaces in the rear of the property
are removed, the property will continue to have adequate parking under the Town's current parking regulations. However, the Town will agree that, upon the completion of the Arapaho Road
improvements, the owner of the property will have access to substitute parking (the Town of Addison will construct no less than 36 spaces underneath the cover of the bridge with appropriate
lighting) at the rear ofthe property where parking is currently available. With respect to the reconstruction of the building, the property at 4139 Centurion Way is currently zoned I-I
Industrial District. The I-I District regulations provide that the rear yard setback requirements are the same as for the LR Local Retail District. In the LR District there is no rear
yard depth requirement unless the District adjoins a single-family or apartment district, in which case a 10 foot rear yard is required. Therefore, the existing buil<.iiJ:!g will not
be in violation of the current rear-yard setback requirements after the Town's acquisition of the property and construction of the improvements and will be able to be reconstructed in
its current location ifit is damaged. As you know, we had previously provided to you an appraisal prepared by Evaluation Associates, which valued the portion ofthe property being acquired
at $62,381.00 and concluded that the remainder of the property would be damaged in the amount of$162,619.00 as a tesult of the acquisition. Based on that appraisal, the Town had offered
to pay $225,000.00, which was not accepted. The damage to the property after the acquisition, however, was based upon an understanding that the building might not be able to be reconstructed
if it was damaged by more than 50% of its replacement value. However, as indicated above, under current regulations the building would be able to be reconstructed in its current location,
which eliminates the damages. Therefore, our offer is to acquire the 0.6709 acre tract for its appraised value at $62,381.00 together with the right to have substitute parking in the
rear ofthe property as described above.
We hope that this clarifies the issues which we have been discussing. Regarding the above offer, we request that you respond to the offer within thirty (30) days of the date of this
letter. Ifwe do not hear from you within that time period, we will consider the offer rejected. Very truly yours, Ron Whitehead
Mr. Gary Crouch ADR Partners 4444 Westgrove, Suite 210 Addison, Texas 75001 Re: Arapaho Ruad-Improvements Dear Mr. Crouch: We appreciated the opportunity to meet with you last week regarding
the planned improvements to Arapaho Road and the acquisition by the Town of Addison of an interest in a "portion (0.6709 acres out ofthe entire tract of 2.521 acres) of the property
located at the rear of 4139 Centurion Way in connection with that project. You indicated during our meeting that you have several groups who are interested in purchasing or leasing that
property," and that you would like us to address two items regarding the Town's acquisition so that you can proceed with your plans: "(1) whether or not the parking which is currently
in place at the rear of the building "(approximately 36 parking spaces) will be available for use by the owner upon the completion of the improvements, and. (2) whether or not the building
will be able to be reconstructed in the event it is damaged by more than 50% ofits replacement value. With respect to the parking, if the 36 parking spaces in the rear of the property
are removed, "the property will continue to have adequate parking under the Town's current parking regulations. However, the Town will agree that, upon the completion of the Arapaho
Road improvements, the owner of the property will have access to substitute parking (the Town of " Addison will construct no less than 36 spaces underneath the cover of the bridge with
appropriate lighting) at the rear ofthe property where parking is currently available. With respect to the reconstruction ofthe building, the property at 4139 Centurion Way is currently
zoned I-I Industrial District. The I-I District regulations provide that the rear yard setback requirements are the same as for the LR Local Retail District. In the LR District there
is no rear yard depth requirement unless the District adjoins a single-family or apartment district, in which case a 10 foot rear yard is required. Therefore, the existing 􀁢􀁵􀁩􀁬􀁾􀁧
will not not be in violation of the current rear-yard setback requirements after the Town's acquisition of the property and construction of the improvements and will be able to be reconstructed
in its current location ifit is damaged. As you know, we had previously provided to you an appraisal prepared by Evaluation Associates, which valued the portion ofthe property being
acquired at $62,381.00 and concluded that the remainder ofthe property would be damaged in the amount of$162,619.00 as a tesult of the acquisition. Based on that appraisal, the Town
had offered to pay $225,000.00; which was not accepted. The damage to the property after the acquisition, however, was based upon an understanding that the building might not be able
to be reconstructed if it was damaged by more than 50% of its replacement value. However, as indicated above, under current regulations the building would be able to be reconstructed
in its current location, which eliminates the damages. Therefore, our offer is to acquire the 0.6709 acre tract for its appraised value at $62,381.00 together with the right to have
substitute parking in the rear ofthe property as described above.
We hope that this clarifies the issues which we have been discussing. Regarding the above offer, we request that you respond to the offer within thirty (30) days of the date of this
letter. Ifwe do not hear from you within that time period, we will consider the offer rejected. Very truly yours, Ron Whitehead
Mr. Gary Crouch ADR Partners 4444 Westgrove, Suite 210 Addison, Texas 75001 Re: Arapaho Road-Improvements Dear Mr. Crouch: We appreciated the opportunity to meet with .you last week
regarding the planned improvements to Arapaho Road and the acquisition by the Town of Addison of an interest in a . portion (0.6709 acres out of the entire tract of 2.521 acres) of the
property located at the rear of 4139 Centurion Way in connection with that project. You indicated during our meeting that you have several groups who are interested in purchasing or
leasing that property, and that you would like us to address two items regarding the Town's acquisition so that you can proceed with your . plans: (1) whether or not the parking which
is currently in place at the rear of the building (approximately 36 parking spaces) will be available for use by the owner upon the completion of the improvements, and. (2) whether or
not the building will be able to be reconstructed in the event it is damaged by more than 50% ofits replacement value. With respect to the parking, if the 36. parking spaces in the rear
of the property are removed, the property will continue to have adequate parking under the Town's current parking regulations. However, the Town will agree that, upon the completion
of the Arapaho Road . improvements, the owner of the property will have access to substitute parking (the Town of Addison will construct no less than 36 spaces underneath the cover of
the bridge with appropriate lighting) at the rear ofthe property where parking is currently available. With respect to the reconstruction of the building, the property at 4139 Centurion
Way is currently zoned I-I Industrial District. The I-I District regulations provide that the rear yard setback requirements are the same as for the LR Local Retail District. In the
LR District there is no rear yard depth requirement unless the District adjoins a single-family or apartment district, in which case a 10 foot rear yard is required. Therefore, the existing
􀁢􀁵􀁩􀁬􀁾􀁧 will not be in violation of the current rear-yard setback requirements after the Town's acquisition of the property and construction of the improvements and will be able
to be reconstructed in its current location if it is damaged. As you know, we had previously provided to you an· appraisal prepared by Evaluation Associates, which valued the portion
of the property being acquired at $62,381.00 and concluded that the remainder ofthe property would be damaged in the amount of$162,619.00 as a tesult of the acquisition. Based on that
appraisal, the Town had offered to pay $225,000.00, which was not accepted. The damage to the property after the acquisition, however, was based upon an understanding that the building
might not be able to be reconstructed if it was damaged by more than 50% of its replacement value. However, as indicated above, under current regulations the building would be able to
be reconstructed in its current location, which eliminates the damages. Therefore, our offer is to acquire the 0.6709 acre acre tract for its appraised value at $62,381.00 together with
the right to have substitute parking in the rear ofthe property as described above.
We hope that this clarifies the issues which we have been discussing. Regarding the above offer, we request that you respond to the offer within thirty (30) days of the date of this
letter. Ifwe do not hear from you within that time period, we will consider the offer rejected. Very truly yours, Ron Whitehead
Mr. Gary Crouch ADRPartners 4444 Westgrove, Suite 210 Addison, Texas 75001 Re: Arapaho Ruad-Improvements Dear Mr. Crouch: We appreciated the opportunity to meet with .you last week regarding
the planned improvements to Arapaho Road and the acquisition by the Town of Addison of an interest in a portion (0.6709 acres out of the entire tract of2.521 acres) ofthe property located
at the rear of 4139 Centurion Way in connection with that project. You indicated during our meeting that you have several groups who are interested in purchasing or leasing that property,
and that you would like us to address two items regarding the Town's acquisition so that you can proceed with your plans: (1) whether or not the parking which is currently in place at
the rear of the building (approximately 36 parking spaces) will be available for use by the owner upon the completion of the improvements, and (2) whether or not the building will be
able to be reconstructed in the event it is damaged by more than 50% ofits replacement value. With respect to the parking, if the 36. parking spaces in the rear of the property are removed,
the property will continue to have adequate parking under the Town's current parking regulations. However, the Town will agree that, upon the completion of the Arapaho Road improvements,
the owner of the property will have access to substitute parking (the Town of Addison will construct no less than 36 spaces underneath the cover of the bridge with appropriate lighting)
at the rear ofthe property where parking is currently available. With respect to the reconstruction ofthe building, the property at 4139 Centurion Way is currently zoned 1-1 Industrial
District. The 1-1 District regulations provide that the rear yard setback requirements are the same as for the LR Local Retail District. In the LR District there is no rear yard depth
requirement unless the District adjoins a single-family or apartment district, in which case a 10 foot rear yard is required. Therefore, the existing buildiJ!g will not be in violation
of the current rear-yard setback requirements after the Town's acquisition of the property and construction of the improvements and will be able to be reconstructed in its current location
ifit is damaged. As you know, we had previously provided to you an appraisal prepared by Evaluation Associates, which valued the portion ofthe property being acquired at $62,381.00 and
concluded that the remainder ofthe property would be damaged in the amount of$162,619.00 as a result of the acquisition. Based on that appraisal, the Town had offered to pay $225,000.00,
which was not accepted. The damage to the property after the acquisition, however, was based upon an understanding that the building might not be able to be reconstructed ifit was damaged
by more than 50% of its replacement value. However, as indicated above, under current regulations the building would be able to be reconstructed in its current location, which eliminates
the damages. Therefore, our offer is to acquire the 0.6709 acre tract for its appraised value at $62,381.00 together with the right to have substitute parking in the rear ofthe property
as described above.
We hope that this clarifies the issues which we have been discussing. Regarding the· above offer, we request that you respond to the offer within thirty (30) days of the date of this
letter. Ifwe do not hear from you within that time period, we will consider the offer rejected. Very truly yours, Ron Whitehead
Mr. Gary Crouch ADR Partners 4444 Westgrove, Suite 210 Addison, Texas 75001 Re: Arapaho Rnad-Improvements Dear Mr. Crouch: We appreciated the opportunity to meet with you last week regarding
the planned improvements to Arapaho Road and the acquisition by the Town of Addison of an interest in a portion (0.6709 acres out of the entire tract of2.521 acres) of the property located
at the rear of 4139 Centurion Way in connection with that project. You indicated during our meeting that you have several groups who are interested in purchasing or leasing that property,
and that you would like us to address two items regarding the Town's acquisition so that you can proceed with your plans: (l) whether or not the parking which is currently in place at
the rear of the building (approximately 36 parking spaces) will be available for use by the owner upon the completion of the improvements, and. (2) whether or not the building will be
able to be reconstructed in the event it is damaged by more than 50% ofits replacement replacement value. With respect to the. parking, if the 36. parking spaces in the rear of the property
are removed, the property will continue to have adequate parking under the Town's current parking regulations. However, the Town will agree that, upon the completion of the Arapaho Road
improvements, the owner of the property will have access to substitute parking (the Town of Addison will construct no less than 36 spaces underneath the cover of the bridge with appropriate
lighting) at the rear ofthe property where parking is currently available. With respect to the reconstruction of the building, the property at 4139 Centurion Way is currently zoned 1-1
Industrial District. The 1-1 District regulations provide that the rear yard setback requirements are the same as for the LR Local Retail District. In the LR District there is no rear
yard depth requirement unless the District adjoins a single-family or apartment district, in which case a 10 foot rear yard is required. Therefore, the existing buildin.:g will not be
in violation of the current rear-yard setback requirements after the Town's acquisition of the property and construction of the improvements and will be able to be reconstructed in its
current location ifit is damaged. As you know, we had previously provided to you an appraisal prepared by Evaluation Associates, which valued the portion ofthe property being acquired
at $62,381.00 and concluded that the remainder ofthe property would be damaged in the amount of $162,619.00 as a tesult of the acquisition. Based on that appraisal, the Town had offered
to pay $225,000.00, which was not accepted. The damage to the property after the acquisition, however, was based upon an understanding that the building might not be able to be reconstructed
if it was damaged by more than 50% of its replacement value. However, as indicated above, under current regulations the building would be able to be reconstructed in its current location,
which eliminates the damages. Therefore, our offer is to acquire the 0.6709 acre tract for its appraised value at $62,381.00 together with the right to have substitute parking in the
rear ofthe property as described above.
We hope that this clarifies the issues which we have been discussing. Regarding the above offer, we request that you respond to the offer within thirty (30) days of the date of this
letter. Ifwe do not hear from you within that time period, we will consider the offer rejected. Very truly yours, Ron Whitehead
Mr. Gary Crouch ADR Partners 4444 Westgrove, Suite 210 Addison, Texas 75001 Re: Arapaho Road-Improvements Dear Mr. Crouch: We appreciated the opportunity to meet with .you last week
regarding the planned improvements to Arapaho Road and the acquisition by the Town of Addison of an interest in a . portion (0.6709 acres out ofthe entire tract of2.521 acres) of the
property located at the rear of 4139 Centurion Way in connection with that project. You indicated during our meeting that you have several groups who are interested in purchasing or
leasing that property, and that you would like us to address two items regarding the Town's acquisition so that you can proceed with your .plans: (1) whether or not the parking which
is currently in place at the rear of the building (approximately 36 parking spaces) will be available for use by the owner upon the completion of the 􀁾􀁰􀁲􀁯􀁶􀁥􀁭􀁥􀁮􀁴􀁳􀀬 and. (2)
whether or not the building will be able to be reconstructed in the event it is damaged by more than 50% ofits replacement value. With respect to the. parking, if the 36. parking spaces
in the rear of the property are removed, the property will continue to have adequate parking under the Town's current parking regulations. However, the Town will agree that, upon the
completion of the Arapaho Road improvements, the owner of the property will have access to substitute parking (the Town of Addison will construct no less than 36 spaces underneath the
cover of the bridge with appropriate lighting) at the rear ofthe property where parking is currently available. With respect to the reconstruction of the building, the property at 4139
Centurion Way is currently zoned 1-1 Industrial District. The 1-1 District regulations provide that the rear yard setback requirements are the same as for the LR Local Retail District.
In the LRDistrict there is no rear yard depth requirementunless the District adjoins a single-family or apartment district, in which case a 10 foot rear yard is required. Therefore, the existing building will not be in violation of the current
rear-yard setback requirements after the Town's acquisition of the property and construction ofthe improvements and will be able to be reconstructed in its current location ifit is damaged.
As you know, we had previously provided to you an appraisal prepared by Evaluation Associates, which valued the portion ofthe property being acquired at $62,381.00 and concluded that
the remainder ofthe property would be damaged in the amount of$162,619.00 as a result of the acquisition. Based on that appraisal, the Town had offered to pay $225,000.00, which was
not accepted. The damage to the property after the acquisition, however, was based upon an understanding that the building might not be able to be reconstructed if it was damaged by
more than 50% of its replacement value. However, as indicated above, under current regulations the building would be able to be reconstructed in its current location, which eliminates
the damages. Therefore, our offer is to acquire the 0.6709 acre tract for its appraised value at $62,381.00 together with the right to have substitute parking in the rear ofthe property
as described above.
We hope that this clarifies the issues which we have been discussing. Regarding the above offer, we request that you respond to the offer within thirty (30) days of the date of this
letter. Ifwe do not hear from you within that time period, we will consider the offer rejected. Very truly yours, Ron Whitehead
4139 CENTURION WAY ADDISON, TX • • • • • • • • • • • • • • ••••
Without Cubicle Configuration With Cubicle Configuration 􀁉􀁏􀁏􀁾􀁌 XL 'UOS!PPY OIZ ;Jl!ns ';JAOJ'iilS;JM 17171717 S.laUl.lEd • I ' LOCATION: 4139 Centurion Way is located one block
north of Beltline Road and just west of Midway Road. In close proximity to The Galleria and "Restaurant Row," this building also benefits from access to the Dallas North Tollway and
LBJ Freeway/For office leasing contact: , • • Partners (972) 380-6752