, DATE SUBMTITED: June 11,2002 FOR COUNCIL MEETING: June 25, 2002 Council Agenda Item SUMMARY: This item is for approval to make an offer to Heritage Inn Number XlIUTharaldson Development, for acquisition ofa portion ofLots 4 & 5, Addison Restaurant Park. FINANCIAL IMPACT: Budgeted Amount: N/A Cost: $140,100.00 Source ofFunds: Funds are available from Year 2000 General Obligation Bond Program, Project No. 83300. BACKGROUND: The right-of-way acquisition process is currently underway on the proposed Arapaho road, Phase III project. Approximately 0.5192 acre ofpermanent right-of-way adjacent to the proposed extension ofArapaho Road (see attached Parcel 5 map) is required as part ofthe proposed roadway imprc;>vements. A 0.0813 acre temporary construction easement (see attached Parcel 5-TE map) is also necessary to complete the project. This parcel is a portion ofLots 4 & 5, Addison Restaurant Park, and is owned by Heritage Inn Number XlIUTharaldson Development. In January 2002, the firm ofEvaluation Associates perfurroed an appraisal ofthe value (summary attached) ofthe proposed fee-simple takiog. The appraisal ofthe 0.5192 acre ofright-of-way and 0.0813 acre oftemporary construction easement on this site resulted in a Total Compensation value of$140,100.00. RECOMMENDATION: It is recommended that Council authorize the City Manager to offer a total of $140,100.00 to Heritage Inn Number XlIIfTharaldson Development, for the acquisition' of0.5192 acre ofpermanent right-of-way and 0.0813 acre oftemporary construction easement from Lots 4 & 5, Addison Restaurant Park. EVALUATION ASSOCIATES RIGHT OF WAY LAND RIGHTS ANALYSIS' APPRAlSAL' ACQUISITION' SOLUTIONS SUMMARY OF SALIENT FACTS AND CONCLUSIONS :I . ARAPAHO ROAD PROJECT J Property Owner: Heritage Inn Number XIIIfl'haraidson Development Parcel No.5 :1 Valuation Conclusion: Whole Property (Land Only) $900,000 Proposed Acquisition $ 138,754 I 􀁾􀀠Remainder Before Acquisition $ 761,246 Remainder After Acquisition $ 761,246 Loss in Value ofRemainder After $ -0Determination of Compensation: 'I Permanent Right ofWay (Land Only @$5.50/SF) $138,754 J Compensation for Improvements (None -Replacement) $ -0Landscaping . (None -Replacement) $ -0Temporary Construction Easement $ 1.946 Total Compensation I Date ofAppraisal: I Location: 1 • Legal Description: J Land Size: 1, Zoning:I, . ] Highest and Best Use: As ifVacant BEFORE: As ifVacant AFTER: ) 􀁾􀀠$140,700 January 12, 2002 4555 Belt Line Road, Town ofAddison, Texas Lots 4 and 5, Addison Restaurant Park, Town ofAddison, Dallas County, Texas Whole Property (per DCAD records) 3.7610 Acres Right ofway Area 0.5792 Acres Temporary Construction easement 0.0813 Acres PD, Planned Development District Commercial use Commercial use 11615 Forest Central Drive • Suite 205 • Dallas, Texas 75243-3917 • {214} 553-1414 ---􀀭􀀭􀀺􀀢􀀺􀀧􀀧􀀧􀀭􀀧􀀺􀀮􀁾􀁾􀁵􀁾􀁦􀀺􀀺􀀭􀀭􀀭􀀻􀀧􀀧􀀻􀁊􀀧􀁌'--1':􀁏􀁾􀀻􀀠j 7 /;'w,,,,, 10' UTIUTY EASEMENT ; CAlL£D 19.01 AC. I CITY OF DAllAS ; 􀁾􀁇􀁾􀀺􀀱􀀲􀀮􀀵􀀧􀁰􀁊􀀮􀀹􀁾􀁾􀀹􀀠! D.R.D.C.T. UNE TABLE UNE BEARING CAUED D1ST CAUED II S 00'12'19" W 21.00' l2 N 00'24!.10" W 20.97' EXHISIT "s" CURVE· TABLE CURVE DELTA RADIUS LENGTH CHORD Cl 19'35'42" 1177.92' 402.84' S 80'13'20" W -4OO.aa' 􀁾􀁀􀁜􀁗􀁬􀁾􀁉􀁦􀂫􀁀􀁾􀁟􀁾􀂩􀂩􀁉􀁊􀀨􀀺􀀧􀁩􀁬􀁬􀁊􀁊􀁬􀁒􀁦􀁜􀁖􀁩􀁩􀁷􀀠.. --_.-.--􀁾􀁾􀁀􀁾􀁾􀀠----.-.15' '/lATER EASMENT-----􀁾􀁾􀀠. --_.-,.-ARAPAHO ROAD_ --􀁟􀁾􀀠􀀮􀀧􀁟􀁾_ _ 1 __ -(60' R.O.W.)---.. MARCH 9, 1988------voL. 88066, PG. 4119 D.R.D.C.T. CALLED NB6'21'OO'E -526,991 , N􀁾􀀠85'49'17" £' -533.12 FND. 5/8' IRCN ROO FND. 5/8' IRCN ROO 397.14 􀁰􀁾􀁐􀁏􀁓􀁅􀁄􀀠ARAPA HO ROAD •. 􀁾􀀠'C> <;> '"'i> 0 􀂷􀀮􀁾􀁩__􀁾􀀽􀀭______",,;,,;,-:::::=;;:::;;-;;;__;;;-;;;;;-__􀁾􀁩􀁾􀁾__--:;i="":::;:::_____􀁾􀁴􀁆􀀨􀀧􀁾􀂷􀀧􀁾􀁾􀀼􀁩􀀻􀁾􀀧􀁾􀀬􀁾􀀻􀁉􀁾􀁾􀀧􀁾􀁾􀀠G1--&􀁾􀁉􀀡􀀧􀀠-305.09' 􀀧􀁾􀀻􀁉􀀠') 􀁾􀁆􀁾􀀧􀀭􀀭􀁾􀀢􀁾􀁾􀀧􀁾􀁾􀀭􀁾􀁐􀁾􀁒􀀧􀀺􀀺􀀺􀁾􀀺􀀠􀀠LOCATIONN 89'58'49" W • '" o \)7 .".........._ . 􀀧􀁾􀀱􀀧􀀭􀁾􀀭􀀧􀀠 MOTEL 6 OPERATING LP. \>---HERiTAGE INN NUMBER CALLED 4.9814 ACRES XIII. -__ FEBUARY 1. 1990 ADDISON RESTAURANT UMlTED PARlNERSHIP LOT 1 VOL 90024, PG. 779 PARK CAlLED 4.1525 ACRES . BLOCK AD.R.D.C.T. MARCH 9, 1988 JANUARY 24. 1997 BELTWOOD RESERVOIR VOL 88066, PG. 4219 VOL 97018, PG. 00073 I AUGUST 2. 1989 D,R.D.C.T.RODE WAY INN D.R.D.C.T. V,OL 90012. PG. 3386 JANUARY 16, 1981 ! D,R.D.C.T.VOL 81052, PG. 0775 D.R.D.C.T. PARCEL 5 A PLAT OF A NOTES: 0.5792 ACRE (25.228 SQ. FT.) TRACT OF LANDALL EASEMENTS SHOWN ARE TAKEN FROM THE PLATS INDICATED IN THE EDWARD COOK SURVEYHEREON. THE SURVEYOR DID NOT ABSTRACT THE SUBJECT PROPERTY SO ALL EASEMENTS MAY NOT BE SHOWN. ABS TRACT NO. 326 TOWN OF ADDISON ALL BEARINGS ARE REFERENCED TO THE NORTH RIGHT OF WAY AYUB R. SANDHU DALLAS COUNTY, 1£ XAS UNE OF CENTURION WAY, CALLED S' 89'51'55" E, ACCORDING TO o DENOTES A FOUND POINT AS INDICATED 􀁾•..i"' .... •• ....····..:.:·..· THE FINAL PLAT OF LOT 3. SURVEYOR ADDITION, RECORDED IN • DENOTES A 5/8" IRON ROD SET UNLESS 'Ii ""j7·QRC1tA.SISfl. $ 62, O:H, 11 LESS: CREDITS 􀁾􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭== ,===$----$ --------$􀀤􀁾􀁾􀁾􀁾􀁾L. _ " OALANCS CUE BY 􀁾􀁕􀁁􀁾􀁓􀁅􀁒􀀠$. 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IVC. _.._----_._-----_._-_._--------_._ JAN-28-2004 03:45 COWLES & THOMPSON 2146722828 P,04/39$ICIH...TURE ADDENDUM TO PURCHASER'S CLOSING STATiMENT OF HO,-Wru.O..u.u! lrop.reyl 0.l9'4 &t%* 􀁴􀁲􀀮􀁥􀁾􀀮􀀠mora or l*,a) 􀁯􀁾􀁴􀀠of EdWard CoOk Survey. 􀁁􀁾􀀮􀁴􀀴􀁡􀁣􀁴􀀠No. j26. 􀁾􀁯􀁷􀁮􀀠of 􀁁􀀴􀁾􀁴􀀸􀁯􀁮􀀮􀀠Dall•• Gount1. 􀁴􀁾•• tOi6th.r with. Te.porary 􀁃􀁯􀁾􀀮􀁴􀁲􀁵􀁥􀁴􀁬􀁯􀁮􀀠!.B••􀁥􀁾􀁴􀀠elOting: ___, Jat'luaty _. 2004 TOn of Addlaon By: . R..-\.0 Uf) cO lrLoud ""ce: -:R.,..! I.. ' b',=be l-,,,,,d trlnn4 'ritle: ROTS! PEll comP.AC'l. TAXIS ARlllO';r lED'e tJ.O-RATlb SINe& snua. UKA,INS HSP0l'tS1DIB rOll PAlM TB!: 2oo!! TAXES 'to tH£ DAft 0' CLOSING. JAN-28-2004 03'45 COWLES & THOMPSON 2146722020 P.02/39 COWLES &THOMPSON A 􀁐􀁲􀁯􀁦􀁥􀀤􀀤􀁬􀁾􀁮􀁡􀀧􀀠Corporation ATTORNEYS AND 􀁃􀁏􀁕􀁎􀁓􀁅􀁬􀁾􀁒􀀤􀀠 ANGnA K. WASHiNGTON If4,112.:1:'+' AWASfilNGfCNGCOWLDT110M'SON,CQM January 28.2004 VIA FACSIMILE (972) 45M065 Ms. Carolyn Burgette Accounting Manager Town ofAddison P.O. Box 9010 Addison. TX 75001-9010 VIA FACSIMILE (972) 450-2837 Mr. Steve Chutchian Town ofAddison P.O. Box 9010 Addison, TX 75001·9010 RE: ParcelS (Heritage 11111), Arapaho Extellsiol1 ofRoad Project Dear Carolyn and Steve:: In connection with ParcelS, Arapaho Road Project. enclosed are the following documents: 1. A copy ofthe executed Purchaser's Settlement Statement; and 2. A copy ofthe executed and approved Contract of Sale. Wiring instructions are also enclosed. Once the money has been forwarded to Republic Title, it will forward the purchase price to the Seller. Please let me know if you need anything further. Thank you for your assistance. Sincerely, x--J }{. -x-Yf2.£--})0 􀀨􀀧􀀻􀁥􀁬􀁾􀁨􀁩􀁮􀁮􀁧􀁴􀁏􀁾􀀠(j;<7 AKWfyjr Attachments c wlo Attachments: Mr. Mike Murphy Via Fac5imlle (972) 450.2837 Mr. KClUleth C. Dippel, w/finn "01 MAIN STREET SUITE 4000 DALLAS, TEXAS 15202.3193 D A f.. lAS T Y l ! R TEi. 214.6'12.2QO() rAX 214,672.20ao WWW.COWlE$THOMP.SDN.C I) M􀁉􀁢􀀻􀁵􀁾,; IO'i01!1 JAN-28-2004 03:45 COWLES & THOMPSON 2146722020 P.05/39 CONTRACT OF SALE This Contract of Sale (this "Contract") is made and entered into by nnd between Heritage Inn Number XIn, Limited Partnership (the "Seller") and the Town of Addison, Texas (herein sometimes referred to as the "Buyer'). WITN E 88 E TH: WHEREAS, Seller is the sole owner ofthe real property located in lhe Town of Addison and described in Exhibit A attached hereto and incorporated herein (the Entire Tract); nnd WHEREAS, the Town of Addison intends to construct an extension of Arapaho Road through the Town (the Arapaho Road Phase 1II Extension), part ofwhlch will be located upon and across a portion of the Entire Tracl (which portion is described in Exhibit B attached hereto and incorporated herein (and referred to herein as the Property»: and WHEREAS, during and in connection with the construction of the part of the Arapaho Road Phase III Extension which will be located upon and across the Property, the Town will need to use nnother portion of the Entire Tract (the Easement Area, described in Exhibit C attached hereto and incorporated herein) for temporary construction purposes (the Temporary Construction Easement); and WHEREAS, Buyer desires to acquire the Property for slreet right-of-way and other public purposes and to acquire the Temporary Construction Easement in connection with the construction of the Arapaho Road Phase mExtension, and Seller desires to sell and convey the Property and the Temporary Construction Easement to Buyer: and WHEREAS, Seller and Buyer desire to enter into this Contract setting forth the terms and conditions ofsuch sale; NOW, THEREFORE, Seller and Buyer, in consideration of the mutual covenants and agreements herein contained, do mutually agree as follows: ARTICLE I Defined Terms 1.1 Definitions. As used herein, the following terms shall have the meanings indicated: "ClosiPII" means the consummation ofthe purchase ofthe Property by Buyer from Seller in accordance with Article VII. "Closing Date" means the date specified in Section 7.1 on which the Closing is to be held. "Deed" means the Warranty Deed to be executed by Seller in favor ofBuyer, the form of which is attached heret(> as Exhibit D and incolJlorated herein. JAN-28-2004 03:45 COWLES & THOMPSON 2145722020 P.06/39 "Easemeot Area" means the real property described in Exhibit C attached hereto and incorporated herein. "Effective Date" means the date on which Buyer and Seller have both fully executed this Contract. "Entire Tracr' means the real property described in Exhibit A attached hereto and incorporated herein. "Permitted Exceptions" means, with respect to the Property, all validly existing and presently recorded public utility easements and building set back lines. "Property" means that certain Iract of land described in Exhibit B, attached hereto and incorporated herein, together with any building or other structure or improvements, including, without limitation, fixUJres, presently situated thereon, and together with aU privileges, easements, and other rights appurtenant thereto. "Purchase Price" means the total consideration to be paid by Buyer to Seller for the purchase ofthe Property as set forth in Section 3.1. "Remainder Tract" means the Entire Tract save and except the Property. "Temporary Construction Easement" means the Temporary Construction Easement on, across, in, over, under, and through the Easement Area as described in, and in the form attached hereto as, Exhibit E, "Title Company" means Republic Title of Texas, Inc., 2626 Howell Street, IO·h Floor, Dallas, Texas 75204. 1.2 Other Defined Terms, Certain other defined terms shall have the respective meanings assigned to them elsewhere in this Contract. ARTICLE II Agreement of purchase aod Sale 2.1 Agreement. On the terms and conditions stated in this Contract, Seller hereby agrees to sell and convey the Property and the Temporary Construction Easement to Buyer, and Buyer, in consideration of the performance of the agreements of Seller contained in this Contract and in reliance on the representations and warranties of Seller contained in this Contract, hereby agrees to purchase the Property and the Temporary ConstructIon Easement from Seller. ARTICLE III Purchase Price 3.1 Purchase Price. The Purchase Price to be paid by Buyer to Seller is $58,975.00 for the Property and $1,893.65 for the Temporary Construction Easement, for a total Purchase Price of $60,868.65. The Purchase Price is payable by Buyer in cash at Closing. 2 JAN-28-2004 03:45 COWLES & THOMPSON 2145722020 P.07/39 ARTICLE IV Representations, Warranties and Covenants 4.1 Seller's Representations and Warranties. Seller represents and warrants to Buyer as follows: (a) Seller has the full right, power, and authority to sell and convey the Property and the Temporary Construction Easement 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 authority that there aIe, to the best of Seller's infonnation, knowledge, and belief, there does not exist, and Seller has not used or deposited (and to the best of Seller's knowledge no prior owner or current or prior tenant has used or deposited), any Hazardous Substances, as hereinafter defined, at, on, or under the Property or the Easement Area in violation of the Comprehensive Environmental Response, Compensation and Liability Act, the Superfund Aroendment and Reauthorization Act, the Resource ConselVlItion Recovery Act, the Federal Water Pollution Control Act, the Federal Environmental Pesticides Act, the Clean Water Act, the Clean Air Act. all so-called Federal, State and Local "Superfund" and "Superlicn" statutes, and all other statutes, laws, ordinances, codes, rules, regulations, orders and decrees regulating, relating to or imposing liability (including strict liability) or standards of conduct concerning any hazardous substances (collectively the "Hazardous Substance Laws"). For purposes of this Contract, the terms Hazardous Substances 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 or under any Hazardous Substance Laws. Hazardous Substances shall also include Radon gas and asbestos. (c) The Property and the Easement Area and all parts thereof are not now subject to any litigation, or other legal or administrative proceedings, and Seller has no knowledge of any facts that might result in any such litigation or proceedings. Seller has not received notice from any govermnental or quasi.govenunental 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 Qr is contemplated regarding any of the foregoing. 4.2 Buyer', Representations and Warrgnties. Buyer has the full right, power, and authority to buy the Property and to acquire the Temporary Construction Easement as provided in this Contract and to carry out Buyer's obligations hereunder. ARTICLE V Title S,] Title Policy. At the Closing, Seller, at Buyer's sale 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$60,868.65, and insuring that the Buyer has indefeasible fee simple title to the Property. The Title Policy may contain 3 JRN-28-2004 03:46 CDWLES 8. THDMPSON 2146722020 P.08/39 only the standard printed exceptions and the Permitted Exceptions (except as otherwise provided in Paragraph 7.2 and other provisions hereof), AttTlCLE VI Condjtions to Buyer's Obligations 6.1 Conditions to Buyer's ObligatioJls, The obligations of Buyer hereWlder to consummate the transaction contemplated hereby are subject to the satisfaction, as of the Closing, of eacb of the following conditions (any of which may be waived in whole or in part ill writing by Buyer at or prior to the Closing): (li) All representations and warranties of the Seller shall be true on and as of the Closing Date. (b) The Property and the Easement Area, or any part thereof, shall not have been and shall not be threatened to be affected in any way as a result ofiitigation, any action by the United States or any other governmental authority, flood or act of God. AttTICLE VII 􀁃􀁬􀁯􀁳􀁩􀁮􀁾􀀠7.1 D@te and Place of Closiog. The Closing shall take place in the offices of the Title Title Company. The Closing Date shall be thirty (30) days after the Effective Date. The Closing Date may be extended or accelerated by the mutual agreement ofthe parties. 7.2 Items to be Delivered at the Clo5m,. (a) SeDer. At the Closing, Seller shall deliver or cause to be delivered to Buyer the following items: (i) The Deed, duly executed and acknowledged by Seller, subject only to the Permitted Exceptions; (ii) The Temporary Construction Easement, duly executed and acknowledged by Seller; (iii) An affidavit, in a form reasonably 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 ofperjury the Seller's United States identification number and that Seller is not a non-resident alien; 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 amoWlts required by Section 1445, and applicable regulations promulgated thereunder; (iv) The Title Policy; 4 JAN-28-2004 03:46 COWlES & THOMPSON 2146722020 P.09/39 (v) Sufficient evidence that Seller has authority to sell the Property and to convey the Temporary Construction Easement and to execute all closing documents on behalf of Seller; and (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 Tille 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 or the Easement Area and thaI there are no unrecorded mechanic's or materialmen's liens upon the Property or the Easement Area, etc.). (b) Buyer, Al the Closing, Buyer shall deliver to Seller: (i) The Purchase Price; and (ii) Such other documents as the Title Company may request in order to close this Contract and issue the Title Policy. 7.3 PWetly Taxes. Seller shall assume the obligation to pay property taxes and assessments for the current year 2003 through the date of closing. 7.4 Possession. At Closing, Seller shall deliver possession of the Property to Buyer. Possession of the Easement Area by the Town of Addison shall be as set forth and in accordance with the Temporary Construction Easement. 7.5 Costs of Closing. Buyer shall pay all recording fees attnbutable to the transfer of title to the Property and the conveyance of the Temporary Construction Easement and all of the closing or escrOw fees ofthe Title Company. Each party shall pay its own attomeys' fees and expenses. ARTICLE VIII Post-Clpsing Obligations 8.1 AC¢ess. Buyer and Seller hereby agree that Seller shall have a single point of ingress and egress between the Remainder Tract and the completed Arapaho Road Phase III Extension (the Access) which shall be located at or about that location shown on the preliminary drawing of the associated improvements attached hereto as Exbibit F. Buyer shall provide all necessary engineering and construction improvements in connection with the access curb cut and the associated improvements; provided, however, that matters related to the Access, including, without limitation, the location of the Access and ils dimension, may be adjusted, modified. or reconfigured in the sole discretion of the Town of Addison after notice to Seller. This provision shall not be interpreted to limit the authority oftlle Town with respect to the design or use of its streets. 5 JAN-28-2004 03:46 COWLES & THOMPSON 2146722020 P.10/39 ARTICLE IX DeCaults and Remedies 9.1 SeDer's Defaults; Buyer's Remedies. In the event that Seller should fail to consummate the transaction contemplated herein for any reason, except Buyer's default, Buyer, as its sole and exclusive remedy, may either: (i) tenninate this Contract by written notice delivered to Seller on or before Ihe Closing Dale, or (ii) enforce specific performance of this Contract against Seller tequiring 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 Temporary Construction Easement. 9.2 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 ofthe conditions to Buyer's obligations, set forth herein, Seller, as its sole and exclusive remedy, may terminate this Contract by written notice delivered to Buyer on or before the Closing Date. ARTICLE X Ml.!lcellaueous 10.1 Notices. All notices, demands, requests, and other communications required or permitted hereunder shall be in writing. and shall be deemed to be delivered, upon the earlier to occur of (a) actual receipt, and (b) upon the deposit ofthe original in a regularly maintained receptacle for the United States mail, registered or certified, postage prepaid, addressed as follows: Seller: Mark Knutson Tharaldson Companies 1201 Page Drive Fargo, North Dakota 58103 The Town ofAddison P.O. Box 9010 5300 Belt Line Road Addison, Texas 75001-9010 Attn: Carmcm Moran Witb a copy to: Angela K. Washington Cowles & Thompson, P.C. 90 I Main Street, Suite 4000 Dallas, Texas 75202 6 JAN-28-2004 03:46 COWLES & THOMPSON 2146722020 P.11;39 􀀱􀀰􀀮􀁾􀀠Governing 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 ofthis Contract. 10.3 Entirety and Amendments. This Contract embodies the entire agreement between the parties and supersedes all prior agreements and IIlIderstandings, if any, relating to the Property, the Temporary Construction Easement, and other matters set forth herein, and may be amended or supplemented only by an instrument in writing executed by the party against whom enforcement is sought. 10.4 Parties Bound. This Contract is binding upon and inures to the benefit of Seller and BUyer, and their respective heirs, personal representatives, successors, and assigns. 10.5 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. andlor deliver or cause to be perfonned. 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 transactions contemplated hereby. 10.6 Survival. Except as otherwise provided herein, all warranties, representations and agreements contained herein shall survive the Closing hereof. 10.7 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. 10.8 Assililoment. Buyer shall have no power or right to assign this Contract without the prior written consent ofSeller. 10.9 Maintenance oflke Property. Between the Effective Date and the Closing. Seller shaH: (a) Maintain the Properly in good repair, reasonable wear and tear accepted, except that in the event of a fire or other casualty. damage or loss, Seller shall have no duty to repair said damage other than as provided in tbis Contract; (b) Advise Buyer promptly of any litigation, arhitration or administrative bearing 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, vollllltary or involuntsry 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 title retention document, other than the Pennitted Exceptions for matters that will be released or bonded around, at or prior to Closing, and should any ofthe foregOing become attached hereafter 7 JAN-2B-2004 03:46 COWLES & THOMPSON 2146722020 P.12/39 in any manner to any part ofthe Property without the prior written consent ofBuyer, Seller shall cause the same to be promptly discharged and released; and (e) Not and shall use best efforts not to allow and permit the release of Hazardous Materials of any kind in, under, or above the improvements or into or onto the surface water. -'􀁷􀀧􀁾􀁾􀀧􀁜􀁯􀀭􀁲􀁾􀀧or...""porty. Executed: :lL,:Z003 SELLER: Heritage hID Number XIII, Limited Partnership erilage Inn. Inc., its General Partner By: Execuledj ....--I 'l... ,2003 BUYER: Town ofAddison, Texas B;+<-lJw:c. J Ron Whitehead, City Manager 8 214672202e P.13139COWLES & THOMPSONJRN-2B-2B04 03:46 EXHIBIT A PROPERTY DESCRJPTION BEING I 􀁩􀁲􀁡􀁾􀀠ofland li!ll4leC illlIIe Edl!'ard Cook S¥tvey, 􀁁􀀬􀁢􀁬􀁜􀁴􀀧􀁾􀁴􀁬􀀮􀁦􀁯􀀬􀀠326, Dallu County, rem, said !rid being a put of 􀁴􀁾􀀴􀀠Mldison RCi\&IIIIJI\ P.rk. IJI Addition in tho City .,r.Mdison. TellS 1\ recorded in ilo.'ume 88066, PlgC 4219, Map Ilec:Ol'ds, DalIuCounly, Texas, llld being more putitularly dC$I;ribcd u foUows: . ' . • . , .". , i . COMMENCING .1 • y,' iron rod 􀁲􀁯􀁕􀁉􀁉􀁾􀀠:u1h.llollheut !:Orner of􀁁􀁤􀁾􀁩􀁓􀁯􀁡􀀠􀁏􀁾􀁉􀀠Mdilion, Lot J, an Addition in Ibt City of Addison 1\ rOQOrded ill Volume 90012, Pase 1171, Mtp llel:Olds, DlIlu County, Texas, said ilon rod Ilao beina situlieC In thcWcs! line orLoI 􀀱􀀬􀀸􀀱􀀰􀁾􀁾􀀠I, of Bellwood RcstIVo;r Addilio1l, ill 􀁡􀁤􀀧􀁾􀁯􀁮􀀠in.weity of'AddilOn IS I'IICOlcfed ill Vol.me'90012, P,se ':1386, Map Record!, DIlIu COUIlIY. T",,,,, sai4.1ron lod ,futtlu!r..bcine NOQ' i3' 00' E. a 􀁾􀁩􀁓􀁬􀁬􀁬􀀯􀁴􀁣􀁴􀀠nr 400,J4 feet ,from I/le Nani line of BCIUine-ROIi.i (I 100' ROW): • , . .,I" 􀁔􀁈􀁅􀁎􀁾􀀺􀀠N 00' 4]' E; adilIwI' ena.IS fed \0 I iii' iron rod Rt 'for OOlncrs iI1d 􀁾􀁮􀁧the 􀁮􀀬􀁩􀁊􀁾􀀠PLACE OF BEOINNtNO: . , . THENCE:'N 89' 51' 0.1" W•• 􀁾􀁩􀁬􀁬􀁾􀀠afl91:64 to. Y!' ir'On rod set in Inc Eut Une arLoI I, Addi$Qn Ow'Addidol\, III &damon 'in' the City of'Addi50n:is re:olded in Volume 89166, Plge t914, Map Record:, Dallu COlUII)', TIl\Q: • THENCE N00' OS' S9' E, a diSl.lllce ofll SOfeet along !he WI line 􀀧􀁾􀁲􀂷􀁲􀀮􀁯􀀧􀁴� �I. Addison Olk, Addilion 10. y,' iron md found IIlhe Northcut·oomer.cf";d Loll, Addison Ow Addition: . , . • I THENCE: N 89' S I' 01' W, .t!ooS ll.e,NIlIIh line arLol 1, AddisoG Oab Addition 􀁾􀁏􀁏􀀮􀁏􀁏􀀠fCOllO aI<\' iron ro.:I flJ.ll1d in the 􀀦􀁉􀁉􀁾ofRo&dwayllll> 􀁾􀁩􀁬􀁩􀁯􀁱􀀮􀀱􀁊􀁉􀀠addition 􀁩􀁮􀀮􀀡􀁾􀀠City of Addison; u rti:orded in VallIIIIC 1I0)2..'6SC 􀀱􀀱􀁓􀁾M., lI.cccnIl, Il\IIAs County. 􀁔􀁾􀀻􀀠TIiENCE: N00' 0.' 59' 􀁗􀀮􀀬􀁾􀀡􀁫􀁩􀀠􀁴􀁉􀁉􀁣􀀬􀁾􀀺􀁉􀁗􀀮􀁑􀁨􀁨􀁥􀀠Roadway 1M Additil!\, I dil1l111:c of221.0S feel 10 Ike IIIoIIM&Sl COl1lt,orMid Alldiijon. &tao being ill.lllC Sduill ROW line of Anpmo Road (a 60' ROW);' ", . ' THENcE: N16' 11' 00' 'f!, 􀁦􀁤􀀻􀁡􀁾ofS16.99.i01ll lhe Souih'ROW iiI\!: of Arapaho Road 10 a 112' iron roO let for in;ei ',', " ' THENCE: N􀀸􀀰􀁾􀀠5J' 00' E. Will Ute SIMh line ofArIpIbc! ROld, t dilllllCC of 117 16 fC'Cllo a lIS' ilon nod found for 􀁾􀁣􀁮􀁩􀁮the 􀁗􀁾􀁓􀁬􀁬􀁩􀁮􀁥􀀠ofS.l twQQd Re.er.oir ....ddition;". . . THENce: S00' 43' 00' W,lIong \lie \Ves! line.oi said 􀁾􀁯􀀺􀁉􀁴􀁖􀀡􀁏􀁏􀁃􀁬􀀠􀁾􀁑􀁩􀁉Aliditioll, I dil1l1lCt of .106,16 feel to ,tile PLACE OF BEqlNNlNG IIld CollUinine 􀀴􀀮􀁉􀁓􀁚􀁓􀀮􀁃􀁉􀁾􀁳􀁯􀁾land HailS 00015 JAN-28-2004 03:47 COWLES &THOMPSON 2146722020 P.14/39 EXHmlTB Parcel 5 Field Note Description Arapaho Road Project Town of Addison Pallas County, Texas BEING a description of a 0.1934 acre (S,425 square foot) tract of land situated in the Edward Cook Survey, Abstract Number 326, Town of Addison, Dallas county, Texas, and being a portion of a called 4.1525 acre tract of land as conveyed to Heritage Inn Number XIII as evidenced by the deed recorded in Volume 97018, Page 00073 of the Deed Records of Dallas County, Texas, also being a portion of "Lota 4 " 5, Block 1, Addison Restaurant Park", a addition to the Town of Addison as eVidenced by the plat recorded in Volume 97209, Page 01069 of said Deed Recorda, said 0.1934 acre tract of land being more particularly described by metes and bounds as follows; COMMENCING at a 5/S inch iron rod found for the common Northeast corners of said called 4.1525 acre tract and a 24 foot wide right of way dedication as evidenced by said plat of "Lots 4 " 5I Block 1, Addison Restaurant Park", Southeast corner of a 60 foot wide right of way dedication as evidenced by the plat of Addison Restaurant Park, an addition to the Town of Addison as evidenced by the plat recorded in Volume 88066, Page 4219 of said Deed Records, and Northwest corner of Lot 1, Block A of Beltwood Reservoir, an addition to the Town of Addison as evidenced by the plat recorded in Volume 90012, page 3386 of said Deed Records, said point also being in the West line of a called 19.01 acre tract of land conveyed to the City of Dallas as evidenced by deed recorded in Volume 4942, Page 629 of said Deed Records; THENCE, SOUTH 000 12'19" WEST (called South 00°43'00" West), along the common East line of said called 4.1525 acre tract and West line of said called 19.01 acre tract, a distance of 24.40 feet to the Southeast corner of said 24 foot wide right of way dedication; THENCE, SOUTH 80°11'36" WEST (called North 80·53' 00" East)' departing !laid common line and along the South line of said 24 foot wide right of way dedication, a distance of 19.76 feet to a 5/B inch iron rod set in a curve of the proposed South right of way line of Arapaho Road for the POINT OF BEGINNING of the herein described tract; Page 1 of 2 JAN-28-2004 03:47 COWLES &THOMPSON 2146722020 P.1S/39 EXHIBIT B PARCEL 5 -ARAPAHO ROAD PROJECT tHENCE, SOUTHWESTERLY, departing said line and along the proposed South right of way line of Arapaho Road and the arc of a non-tangent CUX'J'e to the right having a radius of 1,177.!12 feet, a central angle of 18°35'3l", a chord bearing South 80°43'25# West for 380.55 feet, passing at an arc distance of 290.95 feet the common West line of said Lot 5 and East line of said Lot 4, continuing for a total arc distance of 382.22 feet to a S/S inch iron rod set for the point of tangency of said cUX'J'e; THENCE, NORTH 89°58'49 WEST, continuing along said proposed South right of way line of Arapaho Road, a distance of 26'3.14 feet to a 5/8 inch iron rod set in the South line of said 24 foot wide right of way dedication; THENCE, NORTH 85"49'17" EAST (called North 86°21'QO" East), departing aaid line and along the South line of said 24 foot wide right of way dedication, passing at a distance of 355.11 feet the common Bast line of said Lot 4 and West line of said Lot 5, continuing for a total distance of 493.64 feet to an angle point; THENCE, NORTH 80'11'36" EAST (oalled North eO"53'OO" East), continuing along !;laid line, a distance of 148.35 feet co the POINT OF BEGINNING; CONTAINING an area of 0.1934 acres or 8,425 square feet of land within the metes recited. All bearings are referenced to the North Right of Way line of Centurion Way, called S 89°51'55" E, according to the final plat of Lot 3, Surveyor Addition, recorded in Vol. 77173, Page 135, Deed Records of Dallas County, Texas. A plat of even survey date herewith accompanies this \ desoription. I, Ayub R. Sandhu, a Registered Professional Land SUX'J'eyor, hereby certify that the legal description hereon and the accompanying plat represent an actual survey made on the ground under my supervision. kaa.,<. $b 􀀧􀁾􀁑􀀠.z.-;('3-C]AY6bR. Sandhu. R. P.L. S. Texas Registration No. 2910 ---------􀀬􀀮􀁾􀀠\ 􀁾􀀠 􀀮􀁾􀀠 􀁾􀀠... EXHIIIIT II ..-,' .. '"" .f;'1 􀁦􀁓􀁉􀁉􀁉􀀡􀁾􀀠􀁉􀁜􀁏􀁎􀀾􀀢􀀧􀁾"_.. 􀁟􀀮􀁊􀁭􀁬􀀡􀁬􀁦􀁁􀁩􀁴􀁬􀁩􀀩􀁾􀀮􀁣􀁯􀁯􀁣􀁥􀁾􀁾􀁾􀂷􀂷􀀠. {V""isI.t aO.•·)'i<1-4\1<2. !'G. 62' n _:..:: '.":":::__ ::;;:;:_c::::.::: ; . .:::::::-.:::----..•--" -.---A-ID ,+ :"...", <..'=:::!.'!' 􀁾􀀠..􀁾..-'I!, .A1E.H E.S.....:::s .._"Sf" ___••..::.:..-----.(.... JUl.W,) VOl-16066. PG.. U}9----('" R.O'...) O.R.G.C.i.vt)t... 91209. PC. 010&9 D.R1l·C,T. "" 􀀡􀀯􀀦􀁾􀀠101 901> 􀀵􀁾􀀮􀁡􀁎􀁩􀁒􀁏􀀧􀁊􀀠tCJoU£O f.nl'!:d't) __􀀬􀁾􀀴􀀡􀁉􀀧􀀮􀁬􀁄􀀧􀀭􀀽􀀭..􀁾􀀬􀀠--<> -355.11' I'P!IOPOSEtI '-RAPNiO Ro.t.D "<> <',' GQ 􀁾􀀢􀀢􀀧􀁉􀀠􀀮􀀭􀀮􀁾e-= _ .......... -2Jl114" ItlL-" 􀀮􀁊􀁾􀀠-: 􀁾􀁾.. 􀁾􀁾􀀢􀀣􀁏􀀠.:-:. PAGE \JS. O.II.D.C.>. A lfCAL 􀁄􀂣􀁓􀁃􀁒􀁗􀁮􀁾􀀠Of E1r'EN SUR'o/t"Y nAtE HUI£-.ru ACCOMPANIES nilS PlAl. O.R.O.C.1. • O£HOTE.S A F'OLlNf:) PaNT AS IND1CATE 0: 'l{ .., ..., ... Of • 􀁯􀁴􀁾􀁏􀁔􀁅􀁓􀀢􀀠SIB'" IRON ROO SET UNLESS 􀁜􀁎􀀺􀁾􀀺􀀮􀁾􀀠􀂷􀀻􀀻􀁢􀀯􀁾􀀾􀁏􀁮􀀧􀁻􀂷􀀯􀁴􀀨􀁴􀀬ODlERIISE NOrED "!} "'·t· "'t;" ..,," ,./.1/--PRlJPDSEO rucK> OF WAY UNE 􀀻􀀬􀁲􀁤􀁴􀁩􀁩􀀧􀁾􀁘􀀻􀀮􀀧� �􀀻􀀢􀁩􀁢􀀠;Z 3?iJ·C-J ------'-RAPN10ROAll . ........... ill 11---; 􀁣􀁟􀁾􀀧􀀢􀀠lot 5 , .................. } ,P.o.s. .J!ff1S!J!f's..:: 􀁾---. .. 􀁾􀀧􀁇􀀠0 CAl.l.£D 10.0' N!. aN OF DH.US IIIll. ....7" PG. 1121 II.A.D.C.T. • L{lJ 1 i BlOCK" 􀁾􀀠HEmTAQ;; (NN NI.II8E:R XlII, uwnm P_RsIIP CAL1£O 4.'525 ACRES YO!.. 07018. .... 00013 D.li·iC.T. 􀁟􀀮􀀮􀀣􀀧􀀻􀀭􀀧􀁾􀁾􀀠􀁾􀀼􀁪􀀧􀁊􀀢􀀵􀀻􀀺􀀠''( u:\ 􀀻􀁾􀀢􀀧􀁾􀀠il\-"', ". 'I$' "'I,!P .....' 􀁲􀀮􀁜􀁲􀀩􀁴􀀢􀀮􀁾􀀠-I. 􀁾􀀧􀀮l,,::;" 􀀮􀁾􀀯􀀠-,}_, .t;) 􀀢􀀡􀁬􀀩􀁾􀀠:."" !\l 􀁉􀁾􀀬􀁬􀀠􀀢􀀧􀀺􀀧􀁾􀁊􀀧􀀳􀀠fL SM:mtU 􀁾􀀧􀀺􀀺􀀠n.llJ).c.1. 􀁾􀀠'" .... 􀁾􀀠!ji! BtL1WOOO RES€lMlIR'!tiL !'IO(I'i:2, FIG.. 3Ja& I\JI O.R,O,C.l. .... , PARCEL 5 A PLAT OF A 0.1934 ACRE (e,425 SQ. fT.) lRACT OF LANO 􀁾􀀠IN THE EDWARD COOK SURIlEY ABSlRllCT NO. 326 TOWN Of ADDISON DAlLAS COUI'rrY, lE)(AS 􀁾􀀠60 0 30 60 120&j"5---., " GRAPHIC SCAlE I INCH = 60 Fl. I JAN-28-2004 03:47 COWLES &THOMPSON 2146722020 P.17/39 EXIUBITC Parcel 5-TE Field Note Description Arapaho Road Project Town of Addison Dallas County, Texas BEING a description of a 0.0790 acre (3,443 square foot} tract of land situated in the Edward Cook Survey, Abstract Number 326, Town of Addison, Dallas County, Texas, and being a portion of a called 4.1525 acre tract of land as conveyed to Heritage Inn Number XIII as evidenced by the deed recorded in Volume 9701B, Page 00073 of the Deed Records of Dallas County, Texas, also being a portion of "Lots 4 & 5, Block 1, Addison Restaurant Park", a addition to the Town of Addison as evidenced by the plat recorded in volume 97209, page 01069 of said Deed Records, said 0.0790 acre tract of land being more particularly described by metes and bounds as follows; COMMENCING at the common Northeast corners of said called 4.1525 acre tract and a 24 foot wide right of way dedication as evidenced by said plat of "Lots 4 &. 5, Block 1, Addison Restaurant Park", Southeast corner of a 60 foot wide right of way dedication as evidenced by the plat of Addison Restaurant Park, an addition to the TOwn of Addison as evidenced by the plat recorded in Volume 88066, Page 4219 of said Deed Records, and Northwest corner of Lot 1, Block A of Beltwood Reservoir, an addition to the Town of Addison as evidenced by the plat recorded in Volume 90012, Page 3386 of said Deed Records, said point also being in the West line of a called 19.01 acre tract of land conveyed to the City of Dallas as evidenced by deed recorded in Volume 4942, Page 629 of said Deed Records; THENCE, SOUTH 00°12'19" WEST (called South 00°43'00" West}, along the common East line of said called 4.1525 acre tract and Weat line of said called 19.01 acre tract, a distance of 24.40 feet to the Southeast corner of said 24 foot wide right of way • dedication for the POINT OF BEGINNING of the herein described tract; THENCE, SOUTH 00°12'19" WEST (called South 00°43'00" West), continuing along said common lineI a distance of 1. 94 feet to the beginning of a non tangent curve to the right; page 1 Of 1 JAN-28-2004 03:47 COWlES &THOMPSON • 2146722020 P.18/39 EXHIBITC PARCEL 5-TE -ARAPAHO ROAD PROJECT THENCE, SOUTHWEStERLY, departing said common line and along said curve to the right having a 1, 1B2. 92 feet, a central angle of 190 30'28", a chord bearing South Bo015'57" West for 400.81 feet, passing at an arc distance of 311.44 feet the common West line of said Lot 5 and East line of said Lot 4, continuing for a total arc distance of 402.75 feet to the point of tangency of said curve; THENCE, NORTH B9"58'49 I'IEST, a distance of 305.05 feet to a point in the common West line of said called 4.1525 acre tract and East line of a called 4.9814 acre tract of land conveyed to Motel 6 Operating L. P. as evidenced by the deed recorded in volume 90024, Page 0779 of said Deed Records, same being all of Rodeway Inn, an addition to the City of Addison, as evidenced by the plat recorded in Vol.ume 81052, Page 0775 of eaid :Deed Records; THENCE, NORTH 00'24'10" WEST (called North 00°08'59# westl, along said common line, line, a distance of 1.92 feet to the Southwest corner of said 24 foot wide right of way dedication; THENCE, NORTH a5"49't'7" EAST (called North 86°21'00" East), departing said common line and along the South line of said 24 foot wide right of way dedication, a distance of 42.04 feet to a point in the proposed south right of way line of Arapaho Road; THENCE, SOUTH 890 58'49 EAST, departing said line and along said proposed South right of way line of Arapaho Road, a distance of 263.14 feet to the point of curvature of a tangent curve to the left; THENCE, NORTHEASTERLY, continuing along said proposed South right of way line of Arapaho Road and the arc of said curve to the left having a radius of 1,17'7.92 feet, a central angle of ls035'31#, a chord bearing North 80°43'26/1 Bast for 380.55 feet, passing at an arc distance of 91.27 feet the common East line of said Lot 4 and West line of said Lot 5, continuing for a total arc distance of 382.22 feet to a point in the South line of said 24 foot wide right of way dedication; THENCE, NORTH 80°11'35" EAST (called North 80°53'00" East), departing said proposed right of way line and along the South line of said 24 foot wide right of way dedication. a dietance of 19.16 feet to the POINT OF BEGINNING; page Z of 3 JAN-28-2004 03'47 COWLES &THOMPSON . 2146722020 P.19/39 EXHIBITC PARCEL 5-TE -ARAPAHO ROAD PROJECT CdNTAINING an area of 0.0790 acres or 3,443 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 1 55/1 E, according to the final plat of Lot 3, Surveyor Addition, recorded in Vol. 77173, Page 135, Deed Records of Dallas County, Texas. A plat of even survey date herewith accompanies this description. I, Ayub R. Sandhu, a Registered Professional Land Surveyor, hereby certify that the legal description hereon and the accompanying plat represent an actual survey made on the ground under my supervision. 4¥-@A(, 􀁾cW 􀁧􀀭􀁾􀀳􀁾􀀳􀀠Ayub R. Sandhu, R.P.L.S. Texas Registration No. 2910 , P"S'" J of 3 􀀨􀁾. , i .... % .. OJ 􀁾􀀠?! .J:. OJ . "..• UIIE TAaE -T EXHI8IT C . ..." <: p.UIfE lIEiUIIIIC 􀀮􀀮􀀮􀀮􀀮􀀮􀁾􀀮􀀠􀁾􀀠_ .:;;.. -' 0..0'" 11 $00"\:1.'1" .-24.40 __".;:;.-_ jI.IIC) tla.'II. o 􀁾􀀠..... 􀁾􀀢􀀽􀀠• 􀀮􀁾􀀠.... 􀁾􀁎􀀧􀁴􀀮􀁩􀁜􀁏􀀠􀁉􀁉􀁄􀁾􀀠.tGO· R.o. ••) 'tI0l. 88066. pc. 4219' 􀁾􀀠(2<' R.O.",) 􀁴􀁕􀁾􀀮􀁄􀀮􀁃􀀮􀁔􀁾\1'0\.. '1209. Po. OtOG9 D.R.D.c.r. __ ----;:;'---.z,.. L2/t -:;:;.0---"1l3 􀁾􀀠. --f'r----PiiQiiOsEIli tiiP,;orjiilJ",-􀀢􀀭􀀻􀀻􀀻􀀧􀁃􀀾􀁾􀁟􀀠,,---. \" 51 L",_ == = ---sjf5!".w"'s -263.14. 11' -.., ....-􀁾􀀠-=-n...-,_ .---H iiiif47.-=-iiiios'--r -􀁾􀀭-----Gi .. 􀁾􀁾􀀢... q 􀁾􀀠CIIJ.£O lUI N!.. '.•::.--.. ---",.•,c,:;: 􀁾􀀺􀀺􀀺􀀺􀀺􀁾􀀽􀀺􀀺􀀮􀀺􀀺􀀺􀀺􀀺􀁊􀀮􀀠􀁾􀀮􀀡􀁾􀁾􀁾􀁾􀀠UOlEt. tJ OPERA-nNG t.P. '.---' ...•..-.-. \lOt.. 4Ml'.. PG'. e29 CAlLED 4..U14 ACftES LOTS " I:: 5.f"EalAJn' " 1HO lOT 4 SUlCI< I....... IIO/n'. PII. f1T19 O.RD.e.T. ADOISON R£STAWiANT PARk VOl.. 91:ro9. PC, 01089 AODe"AV tNN JANVARY IS, 1981 VOL 8.052. PG. 0775 O.R..O.C.T. HOTES: All EASEtilENTS SHOW)f ARE: TNtEN 􀁾lHE PlATS INDICATED HEftEotoI. '&IE SURVEYQR om troT A9STRACT iRE. SUBJEcT PROPERTY SO ALl £ASEWEHTS MAY NOr 8£ SHO...., N.L 8tltRlNGS ARE REf'ER£t-JC:eD TO. llI£ NORlH RIG1-lT Of WAY UN[: OF C'£NllJRJON WAY. CAlLED S 89"$1'50-t. ACCOUMNG YO l1iE: ilNAl. PLAT OF Lor 3. SURVEYOR AOOITIDN, 􀁒􀁅􀁾􀁄fN VOL 17I1J. PAce tJ5, D.R.D.C.T. A l.ECAL O£S(;RIPllON 􀁾􀀠EY(H SURVEY OAlE HtREWITH ACCOMPAN1£S THIS PlAT. O.R.D.C.T. • OENOlES A FOIIND POINT AS fNOl"""" 􀁬􀁾􀂷􀂷􀀮􀀮􀀠.' 􀁾􀁉􀁩􀀢􀀠(/! • DEN 1 INCH = 60 FT. HERiTAGE MAIER m LOt 5 llIoItrI;l> PARTNERSHIP CAl.I..!n ....52.5 "<:RES VOL. 17D't" PC. 00073 l).flD.c.r. I #!l 􀁾􀀻􀀻􀀮􀀠OF ,.', 􀀯􀀩􀀧􀀮􀀺􀀮􀀾􀀺􀁜􀀼􀀮􀀬􀀺􀀺􀀮􀀬􀁾.•/.t,ll,).-,) k .\-<) ,t)".ii ->M.O.C.T. PARCEL S-1E A PLAT Of A 0.0790 ACRE (3,443 SQ. FT.) 􀁾􀀠l1!ACT Of lAND '" I'" lHE EDWARD COOK SUR\JEY AaSlRACT NO. l26 TOWN OF ADDISON N DALLAS COUNTY. lEXAS '" -0 JAN-28-2004 03:48 COWLES 8 THOMPSON 2146722020 P.21/39 EXHlBlTD Aller Record;»&, Return 􀁔􀁯􀁾􀀠Angela K. Washington ST""TEOFTEXAS § § Cowles" Thompson, P.C. 90] Main Street, Suite 4000 COUNTY OF DALLAS § Dalllls, Tens 75:%02 RIGHT.OF-WAY DEED DATE; 􀁟􀁾_______, 2003 GRANTOR: HERlTAGE INN NUMBER xm, LIMITED PARTNERSHIP 1201 Page Drive Fargo, ND 58103 GRANTEE: TOWN OF ADDISON. TEXAS 5300 Belt Line Road Addison, TX 75001 (Dallas County, Texas) CONSIDERATION: Fifty Eight Thousand Nine Hundred Sevenly Five DOLLARS AND No/lOO ($58,975.00), in band paid by Grantee, the receipt and sufficiency ofwhioh is acknowledged by Grantor. PROPERTY (LNCLUDING ANY IMPROVEMENTS): A traot ofland, herein referred to as Parcel 5, containing approximately 8,425 square feet of land, and more particularly described in Exhibit A (parcel 5 Field Note Description), and depicled on Exhibit B (parcelS Survey Depiction), which are attached hereto and incorporated herein by reference. CONVEYANCE: For the consideration described above, Grantor hereby grants, sells, and conveys to Grantee the Property, together with al\ and singular the rights and appurtenances thereto in any wise belonging, to have and to hold it to Grantee, Grantee's heirs, executors. administrators, successors, and assigns forever. Grantor binds Grantor and Grantor's heirs. executors, administrators, successors, and assigns forever. Grantor binds Grantor and Grantor's heirs. executors, administrators, and successors 10 warrant and forever defend all and singular the Property to Grantee and Grantee's heirs, executors, administrators, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof. MISCELLANEOUS: (a) Nothing in this instrument shall be construed as a waiver by Grantee of any utility connection charge or other charges imposed by ordinance or Charter ofthe Town ofAddison. WARRANT\' DEgD (HerIta.e'•• 􀁎􀀮􀁭􀁾􀁯􀁲XlU)-POi' I 􀀱􀀩􀁧􀁾􀁉􀀧􀀻􀀠IOClf,ra JAN-28-2004 03:48 COWLES & THOMPSeN 2146722020 P.22/39 EXHIBITD (b) The Property hereby conveyed may be used as a public right-of-way for the passage of vehicular and pedestrian traffic, including (without limitation) streets, roads, sidewalks, utilities, drainage, and other customary uses of public right-or-way. Improvements may be on such grade and according to such plans and specifications as will, in the opinion of Grantee, best serve the public purpose. (0) The consideration described above shall be deemed full compensation for the conveyance of the Property, and for any diminution in value that may result to the remaining property of Grantor by virtue of Grantee's lise of the Property. (d) When the context requires ii, singular nouns WId pronouns include the plural. EXECUTED effective as ofthe day first written above. Heritage Inn Number XlII, Limited Partnership I Heritage Inn, Inc., its General Partner StATE OF NORtH DAKOTA § § COUNTY OF CASS § Bel: e Me, the undersigned notary public in and for said county and state, on this 􀁾􀀠day of • 2003, personally appeared Gary Tharaldson. President of Midwest He tage Inn, Inc., known to me 10 be the identical person who executed the within and foregoing document, and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or entity upon behalf of which. h' ..... 􀁾􀀮􀀬􀀬􀀢􀁤tho _ .... m,'"..􀀬􀀬􀁾􀁤􀀬􀀮􀀮􀀬􀁏􀁾􀀠NOlaryp;c:su;t;OfNOrth Dakota Print Name: LOCl'I4tSr)wsA: My Commiss.ion Expires: Nov. 'L1/UX'k [SEAL] WAlUlANTY Df.:£D (ffttlugt Inl1 Number XU)) -hie Z Dlo:;\ll'l\aMII: IOiti,tO JAN-2B-2004 03:48 COWLES & THOMPSON 2145722020 P.23/39 EXHIBITE TEMPORARY CONSTRUCTION EASEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF DALLAS § THAT HERITAGE INN NUMBER XID, LIMITED PARTNERSHIP, a North Dakota Partnership, hereinafter called GRANTOR, for and in consideration of the sum of One Thousand Eight Hundred Ninety Three DOLLARS AND 651100 ($1,893.65) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does by Illese presents grant, sell and convey to the Town of Addison, hereinafter called GRANTEE of the COWlty of Dallas and State of Texas, a temporary easement and right of passage in, on, over, across, along, under and through a portion (the "Easement Area") of GRANTOR'S property, which easement and right of passage is shown and depicted on Exhibit B, anached 10 and incoJporated herein, for the PUIPose of constructing a roadway to be known as Arapaho Road. The Easement Area is described as follows: See attached Exhibit A (Field Note Description for Parcel 5-TE). which is made a part ofthis easement as if fully copied herein. This temporary construction easement shall only be used by GRANTEE and its contractors in cOlUlection with the construction of apublic right-ol-way adjacent to the Easement Area. GRANTEE shall restore the Easement Area to the condition that existed before the construction of the roadway. This temporary easement shall terminate 24 months from the date of the Notice to Proceed with construction under the construction contract for the roadway adjacent to the Easement Area, or upon completion of the construction of the portion of the roadway adjacent to the Easement Area, whichever is earlier. TO HAVE AND TO HOLD unto the Town of Addison, Texas as aforesaid, for the PUlPoses and on the conditions set forth hereinabove. the easement and Easement Area described above. Grantor binds Grantor and Grantor's heirs, executors, administrators, and successors to wammt and defend all and singular the Easement Area to Grantee for the duration and purposes set out herein against every person whomsoever lawfully claiming or to claim the same or any pari tbereor. EXECUTED this --J.d!-day of 4au ,2003. GRANTOR Heritage I Number XnI, Limited Pal1llership By: Mi est Heritage Inn. Inc., its General Partner TEMPORAlty CONSTRUCTION 􀁅􀁁􀁬􀁉􀁅􀁍􀁾􀀠FAKCEL!-TE 􀁾􀁴􀀮􀀻10\\1916 JAH-2B-2904 03:48 COWLES & THOMPSON 2146722029 P.24/39 EXHIBITE STt\TE OF 􀁾􀁄􀁖􀁾􀁾􀀠§COUNTY 0 ___ § \r.:U. BEFORE ME, the undersigned notary public in and for 􀁾day of,PM ,2003, personally appeared 􀀭􀀻􀀭􀀺􀀭􀀻􀀱􀀴􀁾􀀡􀀭􀁌􀀴􀁦􀁊􀀮􀁪􀁪􀀣􀁊􀀮􀁾􀁾􀀭􀀬􀀧t! mown to me to be the identical person who executed the with' d oregoing document, and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or entity upon behalf of which he acted, executed the instrument, for the uses and purposes therein set fonh. GIVEN UNDER my hand and seal ofoffice the day and year last above written, 􀁎􀁟􀁾􀁁􀁁􀁎􀀮􀀠Print Name: /AQ t:dm&t>& [SEAL] TEMPORARY CONSTRUCTION £ASEM!i'IT r.utCh. !IoTK 􀁾􀀱􀀻􀁉􀁏􀁬􀁭􀁴􀀠 2146722020 P. 25/39JAN-28-2004 03:48 COWLES & THOMPSON I . _.1. '-------W....:.:... ._--_.._• • •••_. w, \ \ 1\ \ \ \, ,, \ \1 " i' ...-......... 􀁾􀀮􀀠\ I􀁉􀀺􀁾􀀧􀀠􀁾􀀭􀀮----. ! • 2146722020 P.26/39COWLES & THOMPSONJAN-28-2004 03:49,..;' .......... 􀀺􀂷􀁾􀀠􀁾􀀮􀀻􀀬􀀮􀀮􀀮􀁾􀁾􀁲􀀮􀀺􀀺􀀻􀀺􀀺􀀺􀀺... 􀀭􀀭􀀮􀀮􀀮􀁾􀀠􀁾􀀢􀀭􀀧􀀠........ -'f ..' 􀁾􀀠. I ! /.__,i.,' .."---'--..,-.. ,. ,.....l II 1=_ ....-I 􀁾􀀠􀁾􀀮,.-r-._; ----,.:.-==o=:! i I '\ \ " .' L \,, \ \ \, c...-" \-_'I \ \ i \ \ \,, \ I '. \.._,\ , \\ \\\ JRN-28-2004 03:49 COWLES & THOMPSON 2145722020 P.27/39 After Regording Retu rn To: Angela K. Washington STATE OF TEXAS § Cowles & Thompson, P.C. § 901 Main Street, Suite 4000 COUNTY OF DALLAS § Dallas, Texas 7SZ01 RlGHT-OF-WAY DEED _______-',2003DATE: GRANTOR: HERITAGEINNNUMBERXm, LIMITED PARTNERSHIP 1201 Page Drive Fargo, NO 58103 GRANTEE: TOWN OF ADDISON, TEXAS 5300 Belt Line Road Addison, TX 75001 (Dallas COlUlty, Texas) CONSIDERATION: Fifty Eight Thousand Nine Hundred Seventy Five DOLLARS AND No/IOO (S5B,97S.00), in hand paid by Granlee, the receipt and sufficiency of which is acknowledged by Grantor. PROPERTY (INCLUDING ANY IMPROVEMENTS): A tract of land, herein referred to as Parcel 5, containing approximately 8,425 square feet of land, and more particululy described in Exhibit A (parcel 5 Field Note Description), and depicted on Exhibit B (parcel S Survey Depiction), which ue attached hereto and incorporated herein by reference. CONVEYANCE: For the consideration described above, Grantor hereby grants, sells, and conveys to Grantee the Propeny, together with all and singulu the rights and appurtenances thereto in any wise belonging, to have and to hold it to Grantee, Grantee's heirs, executors, administrators, successors, and assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, successors, and assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and forever defend all and singular the Property to Grantee and Grantee's heirs. executors, administrators, successors, and assigns against every person whomsoever lawfully claiming or to claim the SlU'De or any part thereof. MISCELLANEOUS: (a) Nothing in this instrument shall be constnJed as a waiver by Grantee of any utility connection chuge or other charges imposed by ordinance or Charter of the Town of Addison. WARRANn' DEED (Hent'le Inn J!fllmll'er xlIn-raJe I JAN-28-2884 83:49 COWLES & THOMPSON 2146722028 P.28/39 (b) The Property hereby conveyed may be used as Ii public right-of-way for the passage of vehicular and pedestrian traffic, including (without limitation) streets, roads, sidewalks, utilities, drainage, and other customary uses of public right-or-way. Improvements may be on such grade and according to such plans and specifications as will, in the opinion of Grantee, best serve the public purpose. (c) The consideration described above shall be deemed ful! compensation for the conveyance of the Property, and for any diminution in value that may result to the remain.ing property of Grantor by virtue ofGrantee's use ofthe Property. (d) When the context requires it, singular nouns and pronouns include the plural. EXECUTED effective as of the day first written above. Heritage Inn Number XlII, Limited »artnership 51 Heritage Inn, Inc., its General Partner STATE OF NORTH DAKOTA § § COUNTY OF CASS § Before e, the undersigned notary public in and for said county and state, on this lIJ#'" day of , 2003, personally appeared Gary Tharaldson. President of Midwest Heritag , Inc., known to me to be the identical person who executed the within and foregoing document, and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or entity upon behalfof which he acted, executed the instrument. for the uses and purposes t er' set forth. 17 I 1s,..V NOtary IC, State ofNortIJ Dakota .1 , Print Name: toCl 􀁉􀀶􀁊􀁦􀀰􀀴􀁬􀁾􀀡􀁛􀀨􀀠[SEAL] WARRANTY DEED (Herklle too Number XBI) _ PII" 2 2145722020 P.29/39JAN-28-2004 03:49 COWLES & THOMPSON EXHIBIT A Parcel 5 Field Note Description Arapaho Road Project Town of Addison Dallas county, Texas BEING a description of a 0.11134 acre (8,425 square foot) tract of land situated in the Edward Cook Survey, Abstract Number 326, Town of Addison, Dallas county, Texas, and being a portion of a called 4.1525 acre tract of land as conveyed to Heritage Inn Number XIII as evidenced by the deed recorded in Volume 97018, Page 00073 of the Deed Records of· Dallas County, Texas. also being a portion of "Lots 4 " 5, Block 1, Addison Restaurant Park", a addition to the Town of Addison as evidenced by the plat recorded in Volume 97209, page 01069 of said Deed Records, said 0.1934 acre tract of land being more particularly described by metes and bounds as follows; COMMBNCXNG at a 5/8 inch iron rod found for the common Northeast corners of said called 4.1525 acre tract and a 24 foot wide right of way dedication as evidenced by said plat of "Lots 4 & 5, Block 1, Addison Addison Restaurant Park", Southeast corner of a 60 foot wide right of way dedication as evidenced by the plat of Addison Restaurant Park, an addition to the Town of Addison. as evidenced by the plat recorded in Volume 88066, Page 4219 of said Deed Records, and Northwest corner of Lot 1, Block A of Beltwood Reservoir, an addition to the Town of Addison as eVidenced by the plat recorded in Volume 90012, Page 3386 of said Deed Records. said point also being in the West line of a called 19.01 acre tract of land conveyed to the City of Dallas aa evidenced by deed reoorded in Volume 4942, Page 629 of said Deed Records; THENCE, SOUTH 00°12'19" WEST (oalled South 00°43'00" West), along the common East line of said called 4.1525 acre tract and West line of said called 19.01 acre tract, a distance of 24.40 , feet to the Southeast oorner of said 24 foot wide right of way dedication; THENCE, SOU'l'H 80°11'36" WEST (called North 80°53'00" East), departing said common line and along the South line of said 24 foot wide right of way dedication, a distance of 19.76 feet to a 5/8 inch iron rod set in a curve of the proposed South right of way line of Arapaho Road for the POINT OF BEGl:NNING of the herein described tract; Pago J. of : JAN-28-2004 03:49 COWlES &THOMPSON • 2146722020 P.30/39 l!:XUIBIT A PARCEL 5 -ARAPAHO ROAD PROJECT ''':HENCE, SOUTHWESTERLYI departing said line and along the proposed South rigbt of way line of Arapaho Road and the arc of a non-tangent curve to the right having a radius of 1,177.92 feet, a central angle of ls0 35'31#, a chord bearing South 􀁓􀀰􀀰􀀴􀀳􀀧􀀲􀁇􀁾􀀠West for 3S0.55 feet, passing at an arc distance of 290.95 feet the common west line of said Lot 5 and East line of said Lot 4, continuing for a total arc distance of 3S2. 22 feet to a sis inch iron rod set for the point of tangency of said curve; THENCE, NORTH 89°59'49 WEST, continuing along said proposed south right of way line of Arapaho Road, a distance of 26j.14 feet to a 5/8 inch iron rod set in the South line of said 24 foot wide right of way dedication; THENCE, NORTH 85·49'17" EAST (called North 86°21'00" East), departing said line and along the South line of said 24 foot wide right of way dedication, passing at a distance of 355.11 feet the common East line of. said Lot 4 and West line of said Lot 5, continuing for a total distance of 493.84 feet to an angle point; THENCE, NORTH 80·11'36h EAST (called North SO.S3'OOH East), continuing along said line, a distance of 148.35 feet to the POINT OV BEGINNING: CONTAINING an area of 0.1934 acres or 8,425 square feet of land within the metes recited. All bearings are referenced to the North Right of Way line of Centurion Way, called S B9051' 55" E, according to the final plat of Lot 3, Surveyor Addition, recorded in Vol. 77173, Page 135, Deed Records of Dallas county, Texas. A plat of even survey date herewith accompanies this description. I, Ayub R. Sandhu, a Registered Professional Land Surveyor, hereby certify that the legal description hereon and the accompanying plat represent an actual survey made on the ground under my supervision. ieb'1£ A!. 􀁾•...oo ,z-2'j-tJ] A R. Sandhu, R.P.L.S. Texas Registration No. 2910 , --------! 􀀮􀁾􀀠􀁾􀀠.:.l EXHIBIT "f,l" /lW'!.:HNO 110_"'''' 􀀬􀁾....OB.E ...0._.) .' ," ,":: •. ::__ '.C'·', 􀁣􀀡􀁩􀀮􀁄􀁾􀀡􀀮􀀧􀁉􀁬􀁬􀁑􀀠􀀧􀁦􀁾􀁾􀀺􀀧􀁩􀁷􀁲􀁙􀁾􀁖􀀠.J'cL. o\§''I. "G. ... 8.. D .... a.C.T. F ,.'...*􀁾􀀧􀀮􀀢􀀠. t'.. ,.' , 􀁾􀀭..---", _____ .__..-􀀼􀁾􀀢􀀭􀁾􀀠Ul ----'" 1:;' ."'tER 'ASNlEtn..... .. ,..... --------r" ,="---.(60' 1U>.1I.)􀀭􀁾􀀠..a.-_e. ,G. 􀀮􀁾􀀬􀀹􀀠AIIN"N1O I\OAD------(1" 􀁄􀀮􀁾􀁊􀀩􀀮􀁃􀀮􀁬􀀮􀀠􀁟􀀭􀀭􀀭􀀭􀀭􀀭􀀺􀀺􀀺􀀭􀀭􀀮􀀺􀀺􀁾􀀭􀀭􀀻􀁜􀀩􀀭􀀺􀀺􀀺􀀺􀀺􀀺R.O.••) . ....,."",,1 _.' P .O.B, VOl. 9):I(lII. PG. 0'''' n.fl.tJ.C.l. 􀀧􀁾􀀧􀀧􀀧􀀧􀀠01'1<-" 5/1'" fIJCIM RI!D 􀀨􀁾.. er.uW'El 􀁾􀀢􀀢􀀢􀀷􀀢􀁅􀀠-.0:1.... -􀁉􀁾􀀠'" 0 " -:lIIa.1i" I;PROf'OSEDARM'_-;:-Atl_O_Ml_I'D_...."'1 <> "_.r.E--= --283.1" '" 3 .;;. 􀁾􀀮􀀢􀀮􀀢...􀀮􀁾􀀡 􀀮􀀧􀀬􀀠.􀁾􀀺􀀺􀀠::<ICti 􀁾􀀠60 n. "'LOT 5 CAU£I> 111.01 ""arv OF OH.\AS YOL. _2. PO. m IIJt.O,c,r, lOt 1 . BLoa<: A frwoco RESERVOIR 90012. po. 3386 􀁾􀀠􀁾􀀠 JAN-26-2004 03:49 COWLES & THOMPSON 2146722020 P.32/39 TEMPORARY CONSTRUCTION EASEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF DALLAS § THAT HERITAGE INN NUMBER XIn, LIMITED PARTNERSHIP, a North Dakota Partnership, hereinafter called GRANTOR, for and in consideration of the sum of One Thousll/ld Eight Hundred Ninety Three DOLLARS AND 65/100 (51,893.65) Il/ld other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does by these presents grant, sell and convey to the Town of Addison, hereinafter called GRANTEE of the County of Dallas and State of Texas, a temporary easement and right of passage in, on, over. across, along. under and through a portion (the "Easement Area") of GRANTOR'S property, which easement and right of passage is shown and depicted on Exhibit B, attached to and incorporated herein, for the purpose of constructing a roadway to be known as Arapaho Road. The Easement Area is described as follows: See attached Exhibit A (Field Note Description for Parcel 5-TE). which is made a part ofthis easement as if roily copied herein. This temporary construction easement shall only be used by GRANTEE and its contractors in connection with the construclion of a public right-of-way adjacent to the Easement Area. GRANTEE shall restore the Basement Area to the condition that existed before the construction of the roadway. This temporary easement shall terminate 24 months from the date of the Notice to Proceed with construction under the construction contract for the roadway adjacent to the Easement Area, or upon completion ofthe construction of the portion of the roadway adjacent to the Easement Area, whichever is earlier. TO HAVE AND TO HOLD Wlto the Town of Addison. Texas lIS aforesaid, for the purposes and on the conditions set forth hereinabove. the easement and Basement Area described above. Grantor binds Grantor and Grantor's heirs. executors, administrators. and successors to wammt and defend all and singular the Easement Area to Grantee for for the duration and purposes set out herein against every petSon whomsoever lawfully claiming or to claim the same or lIl1Y part thereof. EXECUTED this L day of 􀁾􀀠,2003.r GRANTOR Heritage Inn umber XIII. Limited Partnersblp Heritage Inn, Inc. 'Is General Partner TEMPORARY CO/'i5TRI!CTION EAliEMENT ' .... cn!J.n: 􀁾􀁾􀁜􀁬􀁈􀀢􀀱􀁜􀁉􀀬􀀠 JAN-28-2004 03:50 COWLES & THOMPSON 2146722020 P.33/39 § § I;-rl{-BEFORE , the undersigned notary public in and r said county d state, on this 􀁾day of ,2003, peI80nally appeared • known to me to b e identioal person who executed the wi d foregoing document, and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the inslnlment, the person, or entity upon behalf of which he aoted, executed the instrument, for the uses and purposes therein set forth. GIVEN UNDER my hand and seal ofoffice the day and year last above written. 􀁾􀀢􀁲􀁵􀁦􀀮􀁤􀀴􀁊Print Name: Lort Kif S'OwS}p MY COMMISSION EXPIRES: NfllJ L!. 2a)CI' [SEAL] TEMPORARY CONSTRUCTION EABEMEI'i'T PARCEL&-TE 􀁾􀀱􀀮􀁾􀀧􀁡􀀧􀀧􀀧􀀱􀀶􀀠 2146722020 P.34/39JAN-28-2004 03:50 COWLES & THOMPSON EXHIBIT A Parcel 􀀵􀁾􀁔􀁅􀀠 Field Note Description Arapaho Road project Town of Addison Dallas Couney, Texas BEING a description of a 0.0790 acre (3,443 square foot) tract of land sieuated in the Edward Cook Survey, Abstract Number 326, Town of Addison, Dallas County, Texas, and being a portion of a called 4.1525 acre trace of land as conveyed to Heritage Inn Number XII I as evidenced by the deed recorded in Volume 97018, Page 00073 of the Deed Records of Dallas County, Texas, aleo being a portion of "Lots 4 &0 5, Block 1, Addison Restaurant Park", a addition to the Town of Addison as evidenced by the plat recorded in Volume 97209, Page 01069 of said Deed Records, said 0.0790 acre tract of land being more particularly described by metes and bounds as follows; COMMBNOING ac the common Northeast corners of said called 4.1525 acre tract and a 24 foot wide right of way dedication as evidenced by said plat of "Lots 4 £. 5, Block 1, Addison Restaurant Park", Southeast corner of a 60 foot wide right of way dedication as evidenced by the plat of Addison Restaurant Park, an addition to the Town of Addison as evidenced by ehe plat recorded in Volume 98066, Page 4219 of said Deed Records, and Northwest corner of Lot 1, Block A of Beltwood Reservoir, an addition to the Town of Addiaon as evidenced by the plat recorded in Voll.lme 90012, Page 3J8G of said Deed Records, said point also being in the West line of a caUed 19.01 acre tract of land conveyed to the City of Dallas as evidenced by deed recorded in Volume 4942, Page 629 of said Deed Records; THENCE, SOUTH 000 12'19" WEST (called South 00°43'00. West), along the common East line of said called 4.1525 acre tract and West line of said called 19.01 acre tract, a distance of 24.40 feet to the Southeast corner of said 24 foot wide right of way • dedication for the POINT OJ' BBGINNl:NG of the herein described tract; THENCE, SOUTH 00"12'19" WEST (called South 00°43'00" West). continuing along aaidcommon line, a distance of 1. 94 feet to the heginning of a non tangent curve to the right; 2146722020 P.35/39JAN-28-2004 03:50 COWLES & THOMPSON . !!;}llilHIT A PARCEL 5-TE -ARAPAhO ROAD PROJECT THENCE, SOUTHWESTERLY, departing said common line and along said c:urve to the right having a 1,182.92 feet, a central angle of 190 30'28n, a c:hord bearing Souch 600 1S'S7n West for 400.81 feet. passing at an arc distance of .311.44 feet the common West line of said Lot 5 and East line of said Lot 4, continuing for a total arC distance of 402. 7S feet to the point of tangency of said curve; THENCE, NORTH 89°58'49 WEST, a distance of .305.05 feet to a point in the common West line of said called 4.1525 acre tract and East line of a called 4.9814 acre tract of land conveyed to Motel 6 Operating L.P. as evidenced by the deed recorded in Volume 90024, Page 0779 of said Deed Records, Same being all of Rodeway Inn, an addition to tbe City of Addison, as evidenced by the plat recorded in volume 81052, Page 0775 of said Deed Records; THENCE, NORTH 00"24'10" WEST (called North 000 08'59" West), along said c:ommon ommon line, a distance of 1.92 feet to the Southwest corner of said 24 foot wide right of way dedication; THENCE, NORTH' 8s049'17· !!!AST (called North 660 21'00" East), departing said common line and along the South line of said 24 foot wide right of way dedication, a distance of 42.04 feet to a point in the proposed South right of way line of Arapaho Road; THENCE, SOUTH 69°58'49 EAST, departing said line and along said proposed South right of way line of Arapaho Road, a distance of 263.14 feet to the point of curvature of a tangent curve to the left; THENCE. NORTHEASTERLY, continuing along said proposed South right of way line of Arapaho Road and the arc of said curve to the left having a radius of 1,177.92 feet, a central angle of 180 35'31", a chord bearing North 60°43'26" East for .360.55 feet, passing at an arc distance of 91.27 feet the common East line of said Lot 4 and West line of said Lot 5, continuing for a total arc distance of 382.22 feet to a point in the South line of said 24 foot wide right right of way dedication; THENCE, NOR11i 800 11'36" El\ST (called North 80·5.3' 00· East), departing said proposed right of way line and along the South line of said 24 foot wide right of way dedication, a distance of 19.76 feet to the POINT OF BEGINNING; Page 2 of 3 , JAN-29-2004 03'50 Cot.l.ES & THOMPSON • 2146722020 P.36/39.t;iUt1un' A PARCEL 5-T£ -ARAPAHO ROAD PROJBCT CONTAINING an area of 0.0790 acres or 3,443 square feet of land wichin 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 lIot 3, surveyor Addition, recorded in Vol. 77173, page 135, Deed Records of Dallas county, Texas. A plat of even survey date herewith accompanies this description. I, Ayub R. Sandhu, a Registered Professional Land Surveyor, hereby certify that the legal description hereon and the accompanying plat represent an actual survey made on the ground under my supervision. 􀁾/:C M""',(Q 􀀬􀀲􀀭􀀻􀁴􀀸􀀭􀁾􀀳􀀠 Ajub R. Sandhu, R.P.L.S. Texas Registration No. 2910 , Page 1 of 3 --------􀁾􀀠: 121 􀁾􀀲􀁲􀁩-.10". .􀁾􀀬........,. u i '-< &l Ir I.IN£ -gJ._-I 􀁾􀁩􀀠 EXHIBIT I ........ ' 􀁃􀁾..::::·:·:': fl.OllF·Ji mWAIlD .COOl.t iUlltfty 􀁾􀀺􀀺􀀺􀀲RIl.'II} .-􀁾􀂷􀀸􀀱􀀱􀀠􀁾􀁾􀀠.-' 􀁾􀀠􀁲􀀮􀁾􀀠ijii5.$., 􀁾􀁾􀀠􀁾􀀠,,",_'''''0'' ..... . 'm '" -"aN'JoIIO Il,OID. (tiO' R.O:••) 􀁖􀁴􀁴􀀮􀀮􀁾􀁬􀀺􀁦􀁡􀁯􀁥􀁡􀀮􀀠􀁰􀁾􀀠4'1191 (2" ".0 .•. ) n.M,C.1.\0... 91toS. 'Pc. DIQG9 Q.R.o.C,"f,t·.I' -􀁐􀁩􀁴􀁯􀁐􀁯􀁳􀁩􀁩􀁦􀁾􀁁􀁐􀁾􀁏􀀠􀁾􀀼􀀬􀀠􀀬􀀬􀁾􀀧􀀢􀀠'" 􀁾􀀠.. :'=...--.... 􀀭􀁾􀀠􀁾􀁾􀀠􀀭􀀭􀁾􀀧􀁉􀀠...... .,H'..K 1!II'5Il'Of" .. :105.05" CAtUO nun M;.. CIlY CIf DAlLAS􀀧􀀮􀀬􀀺􀁩􀀮 􀁾􀀻􀀧􀁾􀀻􀁝􀀠",. :-:::11 *'!: '. _11\,1_􀁾􀁬B \lPEnllllCl LP. 1'01. _ Pel UII CJ\IUO "'.'4 ACRES lOt 5 t).1U'J"c.T..f1!WMlY 1. ,_ HEIIITACiE ... IMlER lOll.LOTS .t; .. 5,1/01.. _, PG. '"'" IIII'/[D P_RSICJ> Lor 1t Htfl£t:N. THE SUR'tIE.lOO nIl> tfOt MJS1RAtl 'THE sue,,£c'f V ..." 􀀢􀀢􀀢􀀧􀁾<:',. \l IN '!HE EOWARO COOK SURIlEY -PROPERlY SO AlL. EAS(t(ENts MAY Not BE SHOWN. 􀀮􀁾􀀬􀁜􀀻􀀻􀀠􀁾􀁾􀀢􀀠• T, ...􀁾􀀧􀀢􀀠􀁾􀀻􀀩􀀧􀁜􀀠ABSTRACT NO. J26 " ( g lOWN OF AOOISflN ' AU. QEARINGS AfI'£ REFEfteHCtO 10 THE NORm IUGMT a:-."y 􀀧􀁾􀁬􀀠A'ltJH I! l'!l\flUIIH 􀀬􀁾􀀠DAllAS COUNlY. lEXAS 􀁾􀀠UN£: or <:£NlUfION WAY. CU1£O S 89'5'''55'' E, AeeoRrJINC. TO 'DI;HOlES ,. fOUNC PfJIt11 AS iNDICAlED "I '"J.... ., r " 'AiE F'IN,lJ.. PLAT Of Lor 3.. SURW"ton AbOJfh'lN. R£CORVED '/'If DtNO'tt.S A 5/6"'lRON ROJ SET'lINl£S$ r"" 􀁱􀁾􀀬􀀺􀀧􀀠􀁬􀁦􀁾􀁤􀁾􀀺􀀯􀀿􀁓􀂷􀀠60 0 JO 60 􀀱􀁾􀁴􀁣􀁊VOL 􀀷􀀱􀀱􀀱􀁬􀁾􀀠PIC#.. us. O,Jtj).£'.f. OlWERwlSE Hotto ..􀁾􀀠􀀢􀀺􀀻􀁾􀀠f "-. 􀀬􀁾􀀱􀀠Y I _ _ ...._', i A LECAl DfsCfrIPTfOH (;f' E\'tft stJ,,\,£y DAlE H£RE.UH ). -.;a .􀁊􀀢􀀧􀁾􀀧􀀢-PROI'tlSEI> """I OF WAY lJN£ '<,!It::.>.. _ --ACCOUPAN!'(S THiS PlAT. 'I. . i""-' GRAPHIC SCALE p-·Y·b.1 I INCH 􀁾􀀠60 FT, L1l JAN-28-2004 03:50 COWLES 8. THOMPSON 21467221'121'1 P.38/39 , 􀁾􀀠􀁾. , O.F.NO. 0 P-.(lltfo 31/5J?POI.ICY NO. DELETION OF ARBITRATION PROVISION (NOI applicable to the Texas Residential Owner Policy) ARBlTRATION is a common form of alternative dispute resolution. .It can be a quicker and cheaper means 10 settle a dispule with your Tille Insurance Company. However. if you agree to arbitrate. you give up your right to Ink. 􀁉􀁨􀁾􀀠Tille Company to court and your righls 10 discovery of evidence rnay be limited in me arbiuation pr(ll;e,... In addition, you cannot usually appeal an arbitrator', award. 'l'our poUey PoJicy. ami service of the Company in connection wilh its issuance or the breach of It po1icy provision or other ooligor;on. All atbltnlble 􀁭􀁯􀁾when the Amounl of Insutonce is $1.000.000 Or less SHALl. BE arbil'.l Republic Tltfe of Texas. Inc. 2626 􀁾􀀱􀁬􀁾􀀵􀀱􀁪􀁬􀁴􀁨Floor Release of Lien (PARTIAL) Dallas j)(15Z54' . GF No. 02RJ4033/SJ7 44􀀲􀀳􀀲􀁾􀀺􀀠Patrioi..:&.J'i/jle{fWl{l Bruo& (t2l0(/O( THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: 2746751COUNTY OF TEXAS , 4423237 $18.00 D ", ' -'. -• \ '., ---PROPOSEO RIGHT OF WAY LINE 􀁲􀁾􀀻􀁉􀀯􀀻􀀻􀀮􀀨􀀮􀂷􀁾􀁾􀀨􀁣􀀻􀁊􀀠p -􀀿􀁾􀀭?;] 􀁾􀁏􀁓􀁅􀁄􀀧􀀠􀁾􀁴􀀼􀁐􀁾􀀠􀁊􀀳􀀰􀁁􀁄􀀰􀀭􀀧􀁾􀀭􀀻􀀰􀀭􀀧􀀠􀁾􀀺􀀠::::--";"--" _' ..􀁟􀁾._' ---• >n", ('''r: ,1' . , ...􀁟􀁾􀁟; . --=·· ..,.,..c,----• '.,,,,,""u 􀀬􀁾􀀠􀁾... ... 􀀢􀀧􀁾􀀠.::::/LOT 5 W!llED PARTNERSHIP CN.LED 4.1525 ACRES VOl. 97018, PG. 00073 D,R·lC.T. HERITAGI; INN NUMBER lilli, •• ",,"f": 􀀮􀁾􀀠1.(' • .;." r' ';"\\1/,-.r /',• f ,1' 􀀧􀀺􀀾􀀮􀁾􀀠",'.lr":l . 1-\ 􀀺􀁜􀀢􀀢􀀧􀁾􀀢􀀢􀀠':t:d :,',J;\ '. I', I!l .,\Yl.lr! f. 􀁲􀀭􀀺􀀬􀀢􀁾􀁉􀁐􀀡􀁉􀁉􀀧􀀠1\\ CAU.£a 19.01 AC, CITY Of DALLAS AUGUST 5, 1958 \I!L 4942, PG. 829 D.R.D.C.T. LOT 1 BLOCK A __ llYlOOD RESERVOJR I AUGUS T 2, 1969JOL, 90012. PG, 3396ID,R,D,C.T. i PARCEl 5-TE A PLAT OF A 0,0790 ACRE (3,443 SQ, FT.) TRACT OF LAND IN THE EDWARD COOK SURVEY ASS TRACT NO, 326 TOWN Of ADDISON DALLAS COUNTY, TEXAS 60 o 30 60 120"""---_-.... GRAPHIC SCALE 1 INCH = 60 FT. CONSENT OF LIENHOLDER Lienholder, the undersigned Regions Bank successor in interest to Longview National Bank, whose address is e. tI. 80)( :89.,1. 􀁾􀁖􀁉􀁫􀁊􀀬􀀠1'); 7S-6O' , as the holder of lien(s) on the Easement Area, consents to the above Igrant of tOOtporary construction easement, including the terms and conditions of such grant, and to the recording of this instrument, and Lienholder, the undersigned Longview National Bank, hereby subordinates its Jien(s) to the rights and interests ofGrantee, so that a foreclosure ofthe lien(s) will not extinguish the rights and interests of Grantee. The person signing on behalf ofLongview National Bank hereby represents that the person has authority and is duly authorized to sign this Consent on behalf of and to bind Longview National Bank. Regions Bank successor in interest to Longview National Bank 􀁂􀁙􀀺􀁾􀀢􀀧􀀭􀀭􀁾􀁏􀁥􀀮􀀮􀀮􀀼􀁴􀁾􀀠􀁐􀁲􀁩􀁮􀁴􀁥􀁤􀁦􀁔􀁾􀁥􀁤􀀠NameJ3r BKD€, roadJ. avenues, alleys, 1an.cs.. way$ or waterways. bul nolhing herein shall modifY or limit the e1til:nt to which a right of access to and from the: land i.\ wured by this policy. (e) "mongage": mongage. detd or trust. tnut deed. or other security msuummt. (f) "p.iblic te<:ords"; records establi.sbed under state statutes at Date of Policy for the purpose of impming COIUiUUCUVC notice of matu::n relating to real property It) purellucn for value and widlou.l knowledge. With Tespea 10 $cetion 1{aXi'i) of the Exclusions From Covmtge, "public reco:rds;" also sb&U include environmemal protection liens filed In the rerordl of the cieri: of the United SIate5 district coon for tile 􀁤􀁩􀀮􀁳􀁾􀀠In which the land is loeatcd. (g) 􀀢􀁾􀀢􀀻􀀠legal right of aeta.S to tile land and 001: the physical COI'Idition of access. The coverage provided as to 􀁾does not u$Ure the adequacy of acces.s for the use mlCnded, ' 2. CONTINUAnON OF INSURANCE AFTER CONVEYANCE OF TITLE. The ccwerage of this polley shall eootinlle In 􀁦􀁾as 0( Date of Policy 1n (a\lOr of an insured only so 10llg as the: iasurcd rctair)s an CSlaIC or ilUerest in the laod. Of bolds an indehctdnc.s.s secured by a purchuc mone), mortgage Si'icn by a purcllucr from the iruun:d, or only $0 long A$ the insured shall have liability by reason of covenants of wlU'T1U1ty made by the iruurcd in any ttansfe:r or eonve,Yl.Dec of the cMale or inUll't3t. This policy sball not rontinue in roree in favor of any pw:cb.iuer from the lnsun:d of eilber (i) an estate or interest in the IaDd, or (ti} an indebtcdnw; secun:d by a purch;ue money mortgage given 10 the insured. ), NOTICE OF CLAIM TO BE OIVEN BY lNSURED CLAIMANT. 'J'be 􀁩􀁮􀁳􀁾􀀠shall notify the Comp.u!.y promptly in writing (I) in c.uc of any litigation as set fonh in Scttion 4(4) below, or (iil in cue knowledge shall corne tQ: In insured hereunder of any claim of title or inlCrcst ttw: is advene to the tille to the e!lale Of itnemt. as insured, and that might cause 10&1 or damage for which the Company may be liable by virtue of this po)Jey. If prompt 1ItOtice &hall nO( be siven to the Company, then as to the insured all liability of the Company shall ttnninalc wilh regard 10 !he maut:r or matters for which prompt no(ict i.t required; pnrvKled, however. that r.ilure to noUfy the Company shall in no c:ue prejudice the rights: of any insured uDder diU; poljcy \lnIe&s the Company sbaU be prejudiced by the: fallure and then only to the extent of the prejudice. When. after the date of the policy. dtc insured rtOliflCS the Cornpany U requirt:d herein of a lien. cncumbranl::e. Adverse claim or other defecl in title to the estate or interest in the land insured by this policy that is nol excluded or excepted from the ctlvetage of tIIis policy. the Company shall promptly investigate the cbarge to dc;ennine wbedler the lien. encumbtanCe, 􀁡􀁤􀁾􀁲􀁳􀁥􀀠claim or defCf:t b valid and not bam:d by law or slatulC, The Company sha11 notify the insured in writing. within a ra.s.onahle time. O'f its determinacion A$ to the validity or invalidity of the ins.ured's claim or charge under the policy. If the Company conell.ldes am the lim, encumbranee. advenc claim Or defeel is DOt covered by this policy. or WJl$ Il'th:erwisc erwisc addressed in the closing O'f the In.nsacIion in conDtCbon with which this poliey was issded. the Company sba1J specutcally advise the imurcd of !he rusons: for it& dctc:rminatioo. If tile Company eonehides that the lien, encwnbranee. adverse claim or defcc( is vaUii. the Company ,ball tab: one of the following actions: (i) institute the noccssary pt'OCtlCdinga to clur the lien. cncutnbraPCC. advcm claim or defect from the title to tile e$ta\e as 􀁩􀁮􀁳􀁵􀁾􀀻􀀠(li) indemnify 'the insured .as provided in this policy; (iii) upon payment of appropriate pn:m1um and charges therefor. issue 10 !he insured elaimant or to a 8lIb$equcot OWtlet. mongagec or holder of the esate or inIercst in the land insured by this policy. a policy of title iosurat\Ce wicboul exc:epl.i.oo tor the lieD. encumbrat\Ce. 􀁡􀁤􀁾􀁲􀁳􀁥􀀠claim or dcCCct. said policy to be: in an amount cqua1 to the cumm value of dae property O'r, if a mortgagee policy, the amount of (he loan; (iv) indclMify aOOlher title insuranee company in conncctioo with its issuance of a policy(ies) of title JIl.SIlt&nCe without C1CCption for the lien, encumbmnc.e, adverse claim or defect; (v) se:;;ure a release or Il'th:er document discharging the lien. encurnb1UCt':, adverse claim or defccc; or (vi) undertake a combination of (I) 􀁾􀀠(v) herein. 4. DEfENSE AND PROSECUTION OF ACTlONS: DUTY OF INSURED CLAiMANT TO COOPERATE, (a) Upon wrillc:J) request by the insured and subject to the options 􀁾􀀱􀁉􀁩􀁄􀁃􀁤􀀠in 􀁾6 of these CoDditions and ScipulatioM. the Company, at its own cost and widwut unreasonable detay. shall provide fO\' tile defcnse of an insured in litigatioo in whk:h any third party 83$Cru a ctaim advene w the title or inwcst as iluured, but only as to time Stated callSeS of action aUegins a dercct, lien or encwnbtanec or Il'th:er mailer insured againn by this polk:»" The Compmy shall ha'iC 'the rigbl m seleel counsel of iu choice (subject to the right or the insured to object fot 􀁾􀁬􀁥cause) to represent the insured as to those S1Bted causes of a.:tion aDd .haIl DOl be lJabte for and win not pay the fees of any other coonscl. The Company will DOl pay any fees. COIlS or expensu i.ncu.md by the i.n:!vted mthe defense of tbo!Ie causes of action dW aUege matu::n not ilUUred against by trns policy. (b) Tile Company shall have the right. at its own >cOSt. to inslinlte aM prosel:ute any aClion or 􀁰􀁲􀁾􀁩􀁮􀁧Qr to do any other act that in its opinion may be neoe.uary or desirable to establlsb me litle t() the e1talt or intllR:sl, as Ul$Ured. Or to prnMt or reduce 􀁉􀁾􀁵􀀠Of damage tQ the insured. The Company I'MY take 3ny appropriate action under the ltrms of thl$ policy. whether or not it shall be liable hereunder. and shall not thereby >concede Imbility or waive any provision of this policy. If Ihe Company sbaU exercise its rishu under !.his paragraph, if shall do $Q diligently. (c) 􀁗􀁨􀁥􀁾􀁶􀁥􀁴􀀠the Company shall have brought all. action or in.t.erp05Cd a defense as required or permitted by thc previsions of !his policy, the Company may pursue any litigation lQ final del.e:rmination by a coon of competent juriiSdicdon and expressly reserves the righl. jn its sole discretion, to appeal from any adverse judgment or order. (d) In all cases where: this. poltey permits or requlres the Company to ptoSeJ:ute or provide for the defense of any a(tion or pmcceding, the insured shall secure to !.he Company the right to 50 prosecute or provide defense in the belion or proceeding. and all appeaJs then:in, am permil the Company to use, al its option. the name of !.he insuttrl fot this PIlJ'pOs.e, Wheneve.r requested by the Company. the insured. al the Company's upense, shall gi'le the Company aU rusonable aid (i} in any aclton or proceeding. SC(:uttng evidenc.!. obtaining witncues. prosecuting or defending the: action or pl'OCceding. Of effeeting settlemenl, and (ii) in any other lawful act that in the opinion of the Company may be necessary or desirnble to establish !he HUe to the estlte or interest 8$ lMured, If the Company is prejudiced by !he failure of !.he insured to furnisb the required cooperation. the Company's obligations to the insured under Ihe policy shall terminate. including any liability or obligation to defend. prosecute, or continue any litigation. with regard lO the matter or matters requiring such cooperation. .5. PROOF OF LOSS OR DAMAGE. In additiOn to and al1er the notiecs required under S«tion 3 of these Conditions and Stipulations have been provided !.he Company, a proof of 10$$ or ds.magc signed and sworn 10 by tht insurul tlaiman1 mall be turnl1hed to lhe Company within 91 days after the insured claimant shall ascertain the facts giving rise to the kU$ or damage. The proof of lou or damage slWl describe the defecl in. or lien or encumbrnncc on !he title. or aUun malter insured. against by this policy that consliwteS the basis of loss or damage and shalJ state:. !.Q the CJ;tenl possible. the basis of calculating the amount of the loss or damage. U the Campen}' is prejudiced by the failure: of the insured daimant to provide the required proof of 'Ion or damage, the Company's obligations 10 the insured under the policy shall tenninate. induding any liability O'r obligation to defend, prosecute, (If continue any btigalion, with regard 10 Ihe malter or matters requiring such proof of 10$5 or damage. In addition. the insured claimaru may rea$(mably be required (0 SUbmit to examination under oath by any autboriud reprc!leHUltive Qf the Company and shall produce for examination, inspection and copying, III weh rea$(mablt limes and places as may be designated by any authotin:d representative of the Company. aU records. books, ledgers, checks. correspondence and memoranda, whether bearing .a date btfore or after Date of Poliey. which: reasonably pertain 10 the loss. or damage. Further. if requested by any authoril.od representalive of the Compan.y, the insured claimant shall gram its pc:rmiS$ion. in writing. for any authorized representative or the Company to examine. inSpI'l(;t and copy all records., books, ledgers. chects. correspondence and memoranda in the custody or conlrol of a !hird pany. which reasonably pertain LO the loss or damage. All infonnalion desigos!¢d as confidential by the insured clalmam provided to the Company pursuant to this Section shall not be disclosed to others unleu. in the reasonable judgment of the Company. it is neccss.uy in the admin4tration of the t:laim. Fallute of the insured claimam to submit for examination 􀁾􀀮􀀠_􀁾􀁾􀁮􀁤􀁥􀁲􀀠oatil. produce other 􀁾􀁾􀁢􀁬􀁾􀀮requested 􀁩􀁮􀁦􀁾􀁲􀁭􀁡􀁴􀁩􀁤􀁮􀀠or􀀮􀀸􀁾􀁉􀁊􀀧􀁃􀁮􀁮􀁾􀁓􀀤􀁩􀁯􀁮􀀠to secure re8.$Qflably necessary information from third parties. as fCQlJired in this paragmpb shall 4rminate an)' liabilily of the Company onder this policy as to that claim, 6. OPTIONS TO PA"i OR OlliERWISE SETiLE CLAfMS; TERMINAnON OF LIABILlT"i. , In"case of a claim under this po1icy, -the'Company shan have the 􀁦􀁾􀁬􀁉􀁯􀁷􀁩􀁮􀁧􀀠addilional op;ions; (a) To Payor Tender Payment of the Amount of Insurance. To payor lender payment of the smoot!! O'f insurance under this policy. together wim any costs. anomeys' fees and c:r;pcnses incurred by the insured claimant. whkh were 􀁡􀁕􀁬􀁨􀁡􀁲􀁩􀁺􀁥􀁤􀁾􀀩􀀧􀀠the Company. up 10 the time: or'-payment or tender of payment and which the Company is obligated (;') pay. Upon the uett:ise by the Company of lhis option. alIliabil1!y and obligations [0 the insured under thi$ policy. other than 10 make the payment 􀁮􀀺􀁱􀁵􀁩􀁾􀀬􀀠shall terminate, including any liability or obligalion to defend, prosecute. or continue any litigation. and the policy shall be !j,urrenderN to' Ihe Company fOr cancel1alion. (b) TO' Pay ot Otherwise Settle Wilh Patties amer than the In:;ured or With the insured Claiman!. (i) 10 pay Of ocherwisc: settle with othl'lr parties for O'r m !he name of an insured claimant any daim insured against undcr this policy. logether with any costs, attorneys' fees and expenses iru:urred by the insured claimant, which were authorized by the Company up to !hc time of payment and which the Company 1!i obligated to pay; ar (Ii) to payor omcfWise settle with the insured claimam the loss or damage provided (or under lhi$ policy, logether with any costs, attorneys' fees and expel15eS Incurred by the insured claimant, wbich were authotucd by the Company up to the time of payment and which the Company is obligated IQ IQ pay. Upon thc exercise by the Company of either of the options pro'o'ided for in paragraphs (b}(i) Ot (ii), the Company's obligations to the insured under this polky for the claimed loss or damage, other than the paymenl.'.l required 10 bt made. shaU [trminate, including any liability Q; obHgalian to defend, prosecute or COnltnUC any litigation. .7. DETERMINATION. EXTENT OF UABiLITY AND COINSURANCE, Thi$ policy is a eoruracl of indemnity agalnlil aClu.al IllilIICtary loss or damage Sllltained or incurred by the insured claimanl who has suffered loss or damage by reason of matters insured against by this policy and only lo the extent herein hall not be hable for loss or damage [0 any insured for liability voluntarily assumed by the insurul in settling any cliirn or suit wilhaut the prior wriftcn consent of the Company. 10. REDUCfION OF INSURANCE; REDUCTION OR TERMINATION OF LlABlLITY. All payments under this policy, except paymelUs made for com, auorneys' fees and upenses, shall rcduce the amoont of the insur&1lC(: pro tanlO. II. LIABILITY NONCUMULATIVE. b 1£ expressly understood that the amount of insunu\ce under lhis policy shall be reduced by 􀁡􀁾􀀩􀀧􀀠amount the: Company may pay under any policy insuring a mortgage to which exceptl00 is lilken 􀁾􀀠Schedule B Dr !O which the iMurtd has agreed • .IU$lJmed. CIt Eaken 5ubj«J, Of which is hereafter 􀁾􀁸􀁥􀁣􀁵􀁴􀁥􀁤􀀠by an insuttd and which is a charge or lien on the estate Of mleres' described Dr refe11'ed 10 in Schedule A, alld lhe amotml so paid shall be deemed II payment under Ihis polic)' 10 Ihe insurtld Owner. 12. PAYMENT OF LOSS. (3) No paymen! $hal! be 􀁾􀁤􀁥􀀠without producing Ihis policy for elldorsement of Ihe paymenl unless !he policy hils been losl or dcslroyed. in which case proor or loss or destruclion shall be furnished 10 the salisfaClion of 1M: Company. (b) When liabililY alld the extenl or 10$$ or damage has been definitely fixed in accordance with these Condilions and StipUlalions, Ihe tms or damage ,shall be payab!t: within 30 days Ihereafler. 13. SUBROGATION UPON pAYMENT OR SETTLEMENT. (a) Thc Company',s Righi of Subroption. WtwlM1Ier the Company shall 􀁾􀁶􀁥􀀠􀁾􀁴􀁬􀁥􀁤􀀠and paid a claim under thit> policy, all right of subrogation sh.dl veSl in the Company unqffetled by any aCI of the insured 􀁣􀁬􀁬􀁉􀁩􀁾􀁮􀁌􀀠'The Company shall be ,subrogated to and be entiiled 10 all rights and remedies WI the insured daimam would have had againsl any person or property in respect fO the claim had this policy nor been issued, If requested by tbe Company. tbe iasurtld claimanl shalt IfIlnsfer to the Company aU tights and remedies against any perron or property nceessary in order (0 perfect this right or subreption. The insured claimanl shall permi! lhe Company to sue. compromise or settle in 1M: name of the insurtd claimant and U) use the Mille of the insurtd daimam in any transaction or litigation involving thes.e rights or remedies. If a paymenl on aeeount of a elaim does not rully wver the loss of the inMlled claimant. tbe Company shall be ,subrogated 10 these rights and remedies in lite proportion that the Company's payment beats 10 the whole amoun! of the loss.. If 10$$ should result from any act of the 􀁩􀁮􀁳􀁾􀁲􀁥􀁤􀀠claimant. as Slated above, !bat ael shall not void .his policy. but the Company. in tha! event. shall be tequiR:d to pay enl), lha! pal1 of any loss.es insured agaln. ..t by this policy lnal shall exceed the amount. if any. lost to the Compal'lY by malOon of the impairmenl by lhe insured claimanl of the Company's righl of subrogalion, (b) The Company's Rights Against Non-Insured Obligors. The' Company's tight of $llbtOgalj(lfl against non-imured obligors shall exisl and shall include, without limitation. the rights of lhe il'lsured to indemnities. guaranties. other policies of insurance or bol'\d5, 􀁲􀁭􀁲􀁷􀁩􀁾􀁨􀀤􀁬􀁡􀁮􀁤􀁩􀁮􀁧􀀠any terms or conditions contained in lhose instNments thai provide for 􀁾􀁵􀁢􀁲􀁯􀁧􀁡􀁩􀁩􀁯􀁮􀀠rights by rcaSOJI of Ihis policy. 14. ARBITRATION. Unless prohibited by applicahle law or unless this arbitration .seclion is deleled by speelfic provision in Schedule B of Ihis polley. either 􀁴􀁨􀁾􀀠Company or the insured may demand arhitralion pursuant \0 the Tille Insurance Arbilralion Rules: or the American Arbitration Associalion, Arbirrable roouers may include. bUi are not lirniled to.. any ->=o mD. Q W :::) en !Q 1111 ic controversy or claIm between the Companr and lhe Insured arismg ou! of or rC!:llmg: If' tlus policy, any service orlhe Company In COllllCC1l0n with its issuance or th\! breach of a policy provision or other obligation. All arbitrablc malters when lhe: Amount of Insurance is 5\.000,000 or less SHA! I BE arbitrated at lhe request of eilher the Company or the Insured, unless the insured i$ an indi"'idllaL person (as dislinguishcd from a Cilrporation. trust, parrners.lup, asSOCIation or olher legal enut)·). All arbitrable matters when the Amount of Insurance is in 􀁣􀁸􀁾􀁳􀁳􀀠oOf S 1.000.000 shall be arbiuated only when agreed 10 by bolh the Company and the Insured. ArbilratiOn pursuant to thill policy and under the RuLes in effetE 011 lhe date lhe demand for arbitratIOn is made cr, at the option of the Insured. the Rules in e/feet at Dale or Policy shall be binding upon the parties. The awud may indude attorneys' fees only iflhe laws of lhe state in which the land is located permit a CilIJ1t 10 award atcomcy.s' rees to a prevailing: pany. Judgment upon the award rendered by the Arbitralor(s) may be entered in any tourt having ju.risdiaion thereof. The Law of the situs oJ the land shall apply 10 any arbitration under Ihe Tille InsuraIlcc Arbitration Rules A copy ufthe Rules may be OOlalllcd from Ihe Company upon request. 15. LlAB[LITY LIMITED TO nUS POUCY: POUCY ENTIRE CONTItAcr. {a} This policy togflher with all endorsemenls, ir any, anached hereto by the Company is the 􀁥􀁮􀁴􀁩􀁾􀀠poliey and contract 􀁢􀁥􀁴􀁾the in$Urro and the Company. In interpreting 8ny provision of this policy. Ihit> policy sbal1 be cOl'l5U1led as a whole. (0) Any claim of 10M or dam:oge. whether or not based on negligence, and which arises OUt of the status of the title !O the estate or jmeresr covered hereby or by any Ktien asserting such claim, shall be reslfiCled to this policy. (e) No amendment of or cndorsemenl 10 this policy can be made except: by a writing endoncd hereon or attached 􀁨􀁥􀁾􀁉􀁏􀀠signed by either the Presidenl, a Vice Pusident, !.he Secretary, an Auistant Secretary, or validating officer or aulhoriud JJgna!ory of the Company. 16. SEVERABILITY. 11'1 the: event any provision or the policy is held invalid or uncnfon::eable under applicable law, the policy shall be deemed nor !O include lhar provi5ion, and all ocher provisions ,han remain in full force and effect 17. NOTICES, WHERE SENT. All nOlices required to be given me Company and any sialemem in writing required 10 be furnished Ihe Company shall includc Ihe number orlhis policy and shall be addressed 10 the Company ill: First American T(tle Ins.urance Company, 1500 S, Dwry AUlford. Suile 300. Houston, iX 77077. COMPLAlNT NOnCE. Should any dispute arise about your premium or abOut a claim that yoOU have filed, COnr.a« the agent or write to the Company that issved the polity. Jf the problem is not resolved. you alse may write the Te:tu Depa.mnentofIMUJ"anCe, P.O. Box 149104. Austin, TX 􀀷􀀸􀀷􀁊􀀴􀁾􀀹􀀱􀀰􀀴􀀮􀀠Fax No. (512) 30,5..7426, This notice orcomplaint procedure is for infol'1ll8tion only and does not beeome a part or condition of tlllS polley, 1 pOltey J4VHBEII • POllCV AH(I\ltH 1 HHtTlve GATt 2 PftGl>I:RTY TYPE. S PltEIHUH a 􀀤􀁕􀁾􀁅􀁙􀀠AHENOHilt:TOWNER POLICY: l (oulln 5 IIATE cOile II "OlllllOllAl CIIAtllS I 074460 0 ! 1 C 113 2 3 4 60,868.65 5 638.00 1000 • 02/04/2004 7 • 95.70 IOC '9 FIRST AMERICAN TITLE INSURANCE COMPANY OWNER POLICY OF TITLE INSURANCE OF NO, 􀁏􀁾FILE NO. DATE OF POLICY AMOUNT OF INSURANCE T"e PtH,JC't IiIlJltiEll SHOll!! POLICY NUMBER 􀁏􀁾􀀠1KIS SClltOI,lU MUST 02R14033 SJ7 02/04/2004 at 02:37 PM A!lREE .lITti nil; PiEPA,lIlTEO IIllHIlEk 011 TilE$ 60,868.65 > 074460 0 CilVEIl SHEET. Schedule A 1, Name of Insured: TOWN OF ADDISON, TEXAS 2. The estate or interest in the land that is covered by this policy is: FEE SIMPLE, as to Tract 1 NON-EXCUSIVE EASEMENT, as to Tract 2 3. ntle to the estate or interest in 1he land is insured as vested in: TOWN OF ADDISON, TEXAS 4. The land referred to in this policy is described as follows: Being two tracts of land, described as Parcel 5 and Parcel 5-TE, being situated in the Town of Addison, Dallas County, Texas and being more particularly described on Exhibit A attached hereto and made a part hereof for all purposes. REPUBLIC TITLE OF TEXAS, INC. Countersigned at DALLAS, TEXAS Republic Title of Texas, Inc. Patricia A. Sherman Bruce,Senior V. P. Au1hotlled Countersignature THIS POLICY IS INVALID UNLESS THE COVER SHEET AND SCHEDULE BAREATTACHED. FIRST AMERICAN TITLE INSURANCE COMPANY 074460 0 Exhibit A GF-Number 02R14033 TRACT 1: BEING a description of a 0.1934 acre (8,425 square foot) tract of land situated in the Edward Cook Survey, Abstract Number 326, Town of Addison, Dallas County, Texas, and being a portion of a called 4.1525 acre tract of land as conveyed to Heritage Inn Number XIII as evidenced by the deed recorded in Volume 97018, Page 00073 of the Deed Records of Dallas County, Texas, also being a portion of "Lots 4 &. 5, Block 1, Addison Restaurant Park", an addition to the Town of Addison as evidence by the plat recorded in Volume 97209, Page 01069 of said Deed Records, said 0.1934 acre tract of land being more particularly described by metes and bounds as follows; COMMENCING at a 5/8 inch iron rod found for the common Northeast corners of said called 4.1525 acre tract and a 24 foot wide right of way dedication as evidenced by said plat of "Lots 4 &. 5, Block 1, Addison Restaurant Park", Southeast corner of a 60 foot wide right of way dedication as evidenced by the plat of Addison Restaurant Park, an addition to the Town of Addison as evidenced by the plat recorded in Volume 88066, Page 4219 of said Deed Records, and Northwest corner of Lot 1, Block A of Beltwood Reservoir, an addition to the Town of Addison as evidenced by the plat recorded in Volume 90012, Page 3386 of said Deed Records, said point also being in the West line of a called 19.01 acre tract of land conveyed to the City of Dallas as evidenced by deed recorded in Volume 4942, page 629 of said Deed Records; THENCE, SOUTH 00 degrees 12 minutes 19 seconds WEST (called South 00 degrees 43 minutes 00 seconds West), along the common East line of said called 4.1525 acre tract and West line of said called 19.01 acre tract, a distance of 24.40 feet to the Southeast corner of said 24 foot wide right of way dedication; THENCE, SOUTH 80 degrees 11 minutes 36 secc';is WEST (called North 80 degrees 53 minutes 00 seconds East), departing said comr••on line and along the South line of said 24 foot wide right of way dedication, a distance of 19.76 feet to a 5/8 inch iron rod set in a curve of the proposed South right of way line of Arapaho Road for the POINT OF BEGINNING of the herein described tract; THENCE, SOUTHWESTERLY, departing said line and long the proposed South right of way line of Arapaho Road and the arc of a ...,n-tangent curve to the right having a radius of 1,177.92 feet, a central angle of 18 degrees 35 minutes 31 seconds, a chord bearing South 80 degrees 43 minutes 26 seconds West for 380.55 feet, passing at an arC distance of 290.95 feet the common West line of said Lot 5 and East line of said Lot 4, continuing for a total arc distance of 382.22 feet to a 5/8 inch iron rod set for the point of tangency of said curve; THENCE, NORTH 89 degrees 58 minutes 49 seconds WEST, continuing along said proposed South right of way line of Arapaho Road, a distance of 263.14 feet to a 5/8 inch iron rod set in the South line of said 24 foot wide right of way dedication; FIRST AMERICAN TITLE INSURANCE COMPANY 074460 0 Exhibit A (Continued) GF-Number 02R14033 THENCE, NORTH 85 degrees 49 minutes 17 seconds EAST (called North 86 degrees 21 minutes 00 seconds East), departing said line and along the South line of said 24 foot wide right of way dedication, passing at a distance of 355.11 feet the common East line of said Lot 4 and West line of said Lot 5, continuing for a total distance of 493.84 feet to an angle point; THENCE, NORTH 80 degrees 11 minutes 36 seconds EAST (called North 80 degrees 53 minutes 00 seconds East), continuing along said line, a distance of 148.35 feet to the POINT OF BEGINNING; CONTAINING an area of 0.1934 acres or 8,425 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 degrees 51 minutes 55 seconds E, according to the final plat of Lot 3, Surveyor Addition, recorded in Vol. 77173, Page 135, Deed Records of Dallas County, Texas. TRACT 2: Being a non-exclusive easement as set for"th in Temporary Construction Easement by and between Heritage Inn Number XIII, Limited Partnership, a North Dakota limited partnership and Town of Addison, dated June 10, 2003, filed February 4, 2004, in Volume 2004022, Page 9143, Deed Records of Dallas County, Texas, over the following described property: BEING a description of a 0.0790 acre (3,443 square foot) tract of land situated in the Edward Cook Survey, Abstract Number 326, Town of Addison, Dallas County, Texas, and being a portion of a called 4.1525 acre tract of 􀁬􀁾􀁩􀀧􀁤􀀠as conveyed to Heritage Inn Number XIII as evidenced by the deed recorded in Vulume 97018, Page 00073 of the Deed Records of Dallas County, Texas, also being a portion of "Lots 4 & 5, Block 1, Addison Restaurant Park", an addition to the Town of Addison as evidenced by the plat recorded in Volume 97209, Page 01069 of said Deed Records, said 0.0790 acre tract of land being more particularly described by metes and bounds as follows; COMMENCING at the Common Northeast corners of said called 4.1525 acre tract and a 24 foot wide right of way dedication as evidenced by said plat of "Lots 4 & 5, Block 1, Addison RestaUrant Park", Southeast corner of a 60 fact wide right of way dedication as evidenced by the plat of Addison Restaurant Park, an addition to the Town of Addison as evidenced by the plat recorded in Volume 88066, Page 4219 of said Deed Records, and Northwest corner of Lot 1, Block A of Beltwood Reservoir, an addition to the Town of Addison as evidenced by the plat recorded in Volume 90012, Page 3386 of said Deed Records, said point also being in the West line of a called 19.01 acre tract of land conveyed to the City of Dallas as evidenced by deed recorded in Volume 4942, Page 629 of said FIRST AMERICAN TITLE INSURANCE COMPANY 074460 0 Exhibit A (Continued) GF-Number 02R14033 Deed Records; THENCE, SOUTH 00 degrees 12 minutes 19 seconds WEST (called South 00 degrees 43 minutes 00 seconds West), along the common East line of said called 4.1525 acre tract and West line of said called 19.01 acre tract, a distance of 24.40 feet to the Southeast corner'of said 24 foot wide right of way dedication for the POINT OF BEGINNING of the herein described tract; THENCE, SOUTH 00 degrees 12 minutes 19 seconds WEST (called South 00 degrees 43 minutes 00 seconds West), continuing along said common line, a distance of 1.94 feet to the beginning of a non tangent curve to the right; THENCE, SOUTHWESTERLY, departing said common line and along ,said curve to the right having 1,182.92 feet, a central angle of 19 degrees 30 minutes 28 seconds, a chord bearing South 80 degrees 15 minutes 57 seconds West for 400.81 feet, passing at an arc distance of 311.44 feet the common West line of said Lot 5 and East line of said said Lot 4, continuing for a total arc distance of 402.75 feet to the point of tangency of said curve; THENCE, NORTH 89 degrees 58 minutes 49 seconds WEST, a distance of 305.05 feet to a point in the common West line of said called 4.1525 acre tract and East line of a called 4.9814 acre tract of land conveyed to Motel 6 Operating L.P. as evidenced by the deed recorded in Volume 90024, Page 0779 of said Deed Records, same being all of Rodeway Inn, an addition to the City of Addison, as evidenced by the plat recorded in Volume 81052, Page 0775 of said Deed Records; THENCE, NORTH 00 degrees 24 minutes 10 seconds WEST (called North 00 degrees 08 minutes 59 seconds West), along said common line, a distance of 1.92 feet to the Southwest corner of said 24 foot wide right of way dedication; THENCE, NORTH 85 degrees 49 minutes 17 seconds EAST (called North 86 degrees 21 minutes 00 seconds East), departing said common line and along the South line of said 24 foot wide right of way dedication, a distance of 42.04 feet feet to a point in the proposed South right of way line of Arapaho Road; THENCE, SOUTH 89 degrees 58 minutes 49 seconds EAST, departing said line and along said proposed south right of way line_of Arapaho Road, a distance of 263.14 feet to the point of curvature of a tangent curve to the left; THENCE, NORTHEASTERLY, continuing along said proposed South right of way line of Arapaho Road and the arC of said curve to the left having a radius of 1,177.92 feet, a central angle of 18 degrees 35 minutes 31 seconds, a chord bearing North 80 degrees 43 minutes 26 seconds East for 380.55 feet, passing at an arc distance of 91.27 feet the common East line of said Lot 4 and West line of said Lot 5, continuing for a total arc distance of 382.22 feet to a point in the South line of said 24 foot wide right of way dedication; THENCE, NORTH 80 degrees 11 minutes 36 seconds East (called North 80 degrees 53 minutes 00 seconds East), departing said proposed right of way line and along FIRST AMERICAN TITLE INSURANCE COMPANY 074460 0 Exhibit A (Continued) GF-Number 02R14033 the South line of said 24 foot wide right of way dedication, a distance of 19.76 feet to the POINT OF BEGINNING; CONTAINING an area of 0.0790 acres or 3,443 square feet of land within the metes recited. All bearings are referenced to the North Right of Way line of Centurion Way, called S 69 degrees 51 minutes 55 seconds E, according to the final plat of Lot 3, Surveyor Addition, recorded in Vol. 77173, Page 135, Deed Records of Dallas County, Texas NOTE: The Company is prohibited from insuring the area or quantity of the land described herein. Any statement in the above legal description of the area or quantity of land is not a representation that such area or quantity is correct, but is made only for informational and/or identification purposes and does not override Item 2 of Schedule B hereof. FIRST AMERICAN TITLE INSURANCE COMPANY OWNER POLICY OF UIE POLICY IIUMeu SHDVI! TITLE INSURANCE Ok THIS 􀁓􀁴􀁈􀁾􀁉􀁉􀁕􀁌􀁅􀀠tlUH GF NO. OR FILE 1\'0. 02R14033 SJ7 DATE OF POLICY 02/04/2004 t.e!ln vm. nlE 􀁰􀁾􀁥􀁐􀁩􀁬􀁬􀀢􀁔􀁦􀀡􀁬􀀠NUMBER Oll TilE (OVER SHEltT > POLICY NUMBER 074460 0 ScheduleB EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees or expenses) that arise by reason of the terms and conditions olthe leases or easements insured, if any, shown in Schedule A and the following matters: 1. The following restrictive covenants of record itemized below (the Company must either insert specific recording data or delete this exception): See· below. 􀀲􀀮􀁬􀀡􀁋􀁜􀁋􀁾􀁬􀂧􀁪􀁬􀁩􀁬􀁉� �􀁉􀁴􀁉􀀡􀁬􀁬􀁉􀀩􀁲􀁴􀀺􀁏􀁏􀁉􀁬􀁾􀁾􀁾􀁉􀂫􀁉􀁉􀁬􀁉􀁾􀀡􀁏􀁏􀁉􀁾􀁲􀂫􀁬􀁩􀁉􀁬􀁾􀁩􀁉􀁦􀀱􀀨􀁪􀁬􀁾􀁩􀁉􀁉􀁬􀁬􀁬􀀡􀁋􀀧􀁽􀁉􀁾􀁽􀁉􀁾􀀠􀁬􀀡􀁉􀁍􀁾􀁬􀀡􀀡􀁥􀁬􀁉􀁷􀀡􀀺􀀠Shortages in Area. 3. Homestead or community property or survivorship rights, ff any, of any spouse of any insured. 4. Any titles or rights asserted by anyone, including but not limited to, persons, the public, corporations, governments or other entities: a. to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams, lakes, bays, gulfs or oceans, or b. to lands beyond the line otthe harbor or bulkhead lines as established or changed by any government, or c. to filled-in lands, or artificial islands, or d. to statutory water rights, including riparian rights, or e. to the area extending from the line of mean low tide to the line at vegetation, orthe right of access to that area or easement along and across that area. 5. Standby tees, taxes and assessments by any taxing authority tor the year 2004, 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 tor prior years because at an exemption granted to a previous owner of the property under Section 11.13, 11.13, Texas Tax Code, or because ot improvements not assessed tor a previous tax year. 6. The following matters and all terms of the documents creating or offering evidence of the matters rNe must insert matters or delete this exception.): * Restrictive Covenants: Restrictive covenants recorded in Volume 89195, Page 1664, Deed Records of Dallas County. Texas. Any cQvenant l condition or restriction indicating a preference, limitation or discrimination based on race, color, religionI sex, handicapi familial stat'1.s, or national origin to the extent such covenants, conditions or restrictio,,,, violate 42 USC 3604 (c), is deleted. a. Deed of Trust from HERITAGE INN NUMBER XIII, LIMITED PARTNERSHIP to ROBERT STRONG, II, Trustee, dated 04/25/1997, filed 04/29/1997, recorded in Volume 97083, Page 02876, Deed of Trust Records of Dallas County, Texas, securing a note in the principal SUm of $3,250,000.00, payable to LONGVIEW NATIONAL BANK, and securing other indebted'."ss as described therein, if any. Said note further secured by UCC Fi..aAcing Statement filed 04/29/97, recorded in Volume 97083, Page 2935, Deed Records, Dallas County, Texas. Said note and lien modified by instrument recorded in Volume 97179, Page 1619, Deed Records, Dallas County, Texas. Said note and lien modified by instrument filed 02/17/1998, recorded in Volume 98032, Page 3240, Deed Records, Dallas County, Texas. Said note and lien modified by instrument filed 06/07/1999, recorded in Volume 99110, Page 8052, Deed Records, Dallas County, Texas. Continuation of Financing Statement filed 12/26/2001, recorded in Volume 2001249, Page 3840, Deed Records, Dallas County, Texas. (Affects Tract 2) Page 1 of Sched. B (CONTINUED ON NEXT PAGE) 074460 0FIRST AMERICAN TITLE INSURANCE COMPANY SCHEDULE B Page 2 b. Easement to Daryl N. Snadon, recorded in Volume 90053, Page 2812, Deed Records of Dallas County, Texas. c. Easement to Town of Addison, recorded in Volume 90087, Page 513, Deed Records of Dallas County, Texas. d. Easements, building line and street dedication as shown on the plat recorded in Volume 97209, Page 1069, Map Records of Dallas County, Texas. e. Terms, conditions and easements contained in Avigation Easement and Release to the Town of Addison, filed 03/10/88, recorded in Volume 88048, page 788, Deed Records of Dallas County, Texas. Restrictions attached thereto were released in Volume 89171, Page 337, Deed Records of Dallas County, Texas. f. Terms, conditions and easements contained in Easement Agreement dated 08/31/89, by and between Camden Financial Corporation and Daryl N..Snadon as recorded in Volume 89171, Page 345, Deed Records of Dallas County, Texas. Amendment dated 12/18/92, filed 12/21/92, recorded in Volume 92247, Page 5916, Deed Records of Dallas County, Texas. g. Terms, conditions and easements contained in Access Road Easement and Maintenance Agreement dated 10/06/89, by and among Camden Financial Corporation, a New Mexico corporation, Daryl N. Snadon, and Homewood Suites Equity Development Corporation, as recorded in Volume 89195, Page 1645, Deed Records of Dallas County, Texas. Amendment dated 12/18/92, filed 12/21/92, and recorded in Volume 92247, Page 5916, Deed Records of Dallas County, Texas. h. Terms and Conditions of Easement Agreement dated March ____, 1997, by and between Modernage, Inc. and Heritage Inn Number XIII Limited Partnership, recorded in Volume 97062, Pge 3872, Deed Records of Dallas County, Texas. i. Assignment of Lessor's Interest in Leases and Rents dated 04/25/97, by HERITAGE INN NUMBER XII, LIMITED PARTNERSH.i:'. ("Assignor") to LONGVIEW NATIONAL BANK, ("Assignee"), filed of record .on 04/29/97 and recorded in Volume 97083, Page 02901 of the Deed Records of Dallas County, Texas. j. Mineral estate and interest described in instrument recorded in Volume 1707, Page 260, Deed Records of Dallas County, Texas. Title to said interest not checked subsequent to the date thereof. k. Terms, provisions, and conditions of lease dated 11/16/1995, between The Londoner-Rosemary Tate, as Lessor, and D & B Communications, Inc., filed 09/28/1999, recorded in Volume 99189, Page 3486, Deed Records of Dallas County, Texas. (CONTINUED ON NEXT PAGE) FIRST AMERICAN TITLE INSURANCE COMPANY 074460 0 SCHEDULE B page 3 1. Terms and Conditions of Maintenance Obligations Agreement dated 12/18/92, by and between Modernage, Inc. and Homewood Suites Equity Development Corporation, recorded in Volume 92247, Page 5929, Deed Records of Dallas County, Texas. (Fee and Easement Tracts) m. Terms, conditions, and provisions set forth in the Temporary Contrustion Easement filed on 02/04/2004, recorded in Volume 2004022, Page 9143, Deed Records Dallas County, Texas. (Affects Tract 2) n, Section 14 of the Conditions and Stipulations of this policy is hereby deleted. COWLES &THOMPSON A ProfesSional Corporation ATTORNEYS AND COUNSELORS ANGELA K, WASHINGTON 214.572.2144 AWASH1NGTON@COWLESTJiOMPSON,COM May 3, 2004 Ms. Gayle Walton Department Secretary City Manager's Office Town ofAddison P.O. Box 9010 Addison, TX 75001-9010 RE: ParcelS (Heritage Inn Number XIII), Arapaho Extension of Road Project Dear Gayle: In connection with the transaction for the above-referenced property, enclosed for the Town of Addison's files are the following documents: I. Copy ofpaid tax receipts; 2. Copy of Release of Lien recorded in Volume 2004022, Page 9132, Dallas County, Texas; 3. Original recorded Right-of-Way Deed recorded in Volume 2004022, Page 9137, Dallas County, Texas; 4. Original recorded Temporary Construction Easement recorded in Volume 2004022, Page 9143, Dallas County, Texas; and 5. First American Title Insurance Company Owner's Policy No. 074459 O. By copy ofthis letter, I am forwarding copies of all enclosed documents to Steve Chutchian for his closing binder. Ifyou havc any questions, 􀁰􀁬􀁥􀁡􀁾􀁥􀀠give me a call. Sincerely, 􀁲􀀺􀁩􀁴􀁨􀁬􀁾􀁙􀁲􀀻􀀭AKW/Y.ir Enclosures 901 MAIN STREET SUITE 4000 DALLAS, TEXAS 75202M37'D DALLAS T Y L E R TEL 214.672 2000 FAX 214.672.2020 www.eOWLESTHOMPSON.COM May 3, 2004 Page 2 c(w/o Enclosures): Mr. Mike Murphy (wlEnclosures) Mr, 􀁓􀁴􀁥􀁶􀁾􀀠Chutchian (w/o Enclosures) Mr, Kenneth C. Dippel DALLAS COUNTY TAX OFFICE DAVID CHILDS, TAX ASSESSOR/COLLECTOR RECORDS BUILDING PHONE: 214-653·7811 DALLAS, TEXAS 75202·3304 COf'it·IEF:: BU( 1 L T 5 ACS 1.• c: 1'::'4 CAL.C VOL97C>1 <':;0073 [I[lO:L :;::497 CO-DAL.L.AS 0007100100500 􀁾􀀺􀀠1000071. (0). Locati(trr l 4555 BELT LINE Property Cl •••: Fl 0 PENALTY; INTEREST ============= .00 .00 ",00 .00 .. 00 .. 00 .00 .. 00 TAXABLE VALUE 􀀽􀀽􀀽􀀺􀀺􀀮􀀻􀀮􀀺􀀮􀀽􀀽􀀽􀀽􀀽􀀽􀀽􀁾􀀽􀀠1., 􀁾􀀵􀀶􀀰􀀮􀀬􀀠000 1,560,000 :1., 560, 00(1 :t , f:i,::,O, 0(10 1,560,000 :I. '/􀁾􀁪􀀮􀀺􀀺􀀼􀁩􀀩􀀬􀀠000 FEES CA TAX H(iTE .. 4228000 " 􀀲􀀰􀁾􀁾􀀧􀁾􀁮􀀨􀀩􀁏􀀠.. 0054.:--;<(>0 n 077:::100(; :I. 􀁾􀀠􀀬􀁓􀀻􀀳􀀧􀀻􀀩􀀺􀀺􀀺􀁾􀁏􀀨􀁬􀀨􀀩􀀠PAY I'IENT ========== ==========;=== 􀁾􀁯􀁯􀀠.00 􀁾􀀺􀀺􀀮􀀬􀀠180.. gLi 􀁾􀀠00 ,':".:1:.."• ;:O._!,.. 􀁾􀀠• "I 􀁾􀁏􀀨􀁊􀀠.00 25, 􀁾􀀳􀀷􀀶􀀮􀀠20 􀁾􀀠00 :3, 􀀹􀀶􀀻􀁾􀀠􀁾􀀠4i) ,,(10 $4(), t.l:3. 98 .. (Jt) $60, 92(L. 􀀹􀀨􀁾􀀠TOTAL PAID: 􀀤􀀮􀁾􀁏􀀬􀀠920" 'Y{:" *** CONTINUAT.(ON PAGE *** PAGE: 2 DALLAS COUNTY TAX OFFICE DA VID ClllLDS, TAX ASSESSOR/COllECTOR RECORDS BUILDING PHONE: 214·653·'1811 DALLAS, TEXAS '15202-3304 PROPERTY TAX-RECEIPT Payor Name and Address: REPUBLIC TITLLE 2626 HOWELL ST 10TH FLOOR DALLAS TX 75204 Owner Name and Address: THARALDSON DEVELOPMENT PO BOX 9118 FARGO ND 58106-9118 TAXING ENTITY YEAR ::::::========= ==== ADDSN TOWN 2003 DAL CNTY 2003 SCH EQUAL 2003 COLL DIST 2003 DALLAS ISD 2003 HOSP DIST 2003 TAXING ENTITY YEAR ========== ==:= ADDSN TOWN 2003 DAL CNTY 2003 SCH EQUAL 2003 CaLL DIST 2003 DALLAS ISD 2003 HOSP DIST 2003 TOTAL 2003 GRAND TOTAL TLR: n9 MARKET VALUE ============= 338,480338,480 338,480338,480338,480338,480 TAX PAID ============= 1,431.09690.16 18.48 263.34 5,549.38859.74 8,812.198,812.19 OLTR Account Number: 10000710010040000 Receipt Number: 02003064370 Date of Receipt: 1/31/2004Property Legal Description:ADDISON RESTAURANT PARK BLK 1 LT 4 ACS 1.9426 CALC VOL97018/0073 DD012497 CO-DALLAS 0007100100400 31000071001 Property location: 4559 BELT LINE Property Class, C 1 LIMITED TAXABLE VALUE VALUE ============= ============= PENALTYI INTEREST ============= .00 .00 .00 .00 0 338,4800 338,480 0 338,480 0 338,4800 338,480 0 338,480 FEES CA TAX RATE ========:;= .4228000 .2039000 .0054600 .0778000 1.6395000 .2540000 PAYMENT ========== ============== .00 1,431.09 .00 690.16 .00 18.48 .00 263.34 .00 .00 5,549.38.00 .00 859.74 .00 .00 8,812.19.00 .00 8.812.19 TOTAL PAID: 8,812.19 .gsd COWLES &THOMPSON A Professional Corporatfon􀁾􀀠􀁾􀀠ATTORNEYS AND COUNSELORS1978-2003 ANGE!.A.K. WASHINGTON 214.672.2144 AWASH1NGTON@COWlESTHOMPSON.COM February 6,2004 Mr. Steve Chutchian Assistant City Engineer Town ofAddison P.O. Box 9010 Addison, TX 75001-9010 RE: ParcelS (Heritage Inn), Arapaho Extension of Road Project Dear Steve: Enclosed for your file is the Purchaser's Closing Binder for the above-referenced property. Once I receive the original recorded conveyance documents and the owner's policy from the Title Company, I will forward those to Gayle Walton for the Town's records. If you have any questions, please give me a eall. Sincerely, Angela K. Washington AKW/yjr Enclosure e(w/o Ene.): Mr. Mike Murphy (w/o Ene.) Mr. Kenneth C. Dippel 901 MA1N STREET SUITE 4000 DALLAS, TEXAS 75202·3793 DALLAS T Y L E R TEL 214.672.2000 FAX 214.672.2020 WWW.COWLESTHOMPSON.COM 􀁄􀁯􀁉􀀻􀁵􀁾􀁮􀀡􀀠II: L092219 Council Agenda Item IfR;;../SUMMARY: This item is for approval to make an offer to Heritage Inn Number XIIIITharaldson Development, for acquisition ofa portion ofLots 4 & 5, Addison Restaurant Park. FINANCIAL IMPACT: . Budgeted Amount: NIA Cost: $140,700.00 Source ofFunds: Funds are available from Year 2000 General Obligation Bond Program. Project No. 83300. BACKGROUND: The right-of-way acquisition process is currently underway on the proposed Arapaho road, Phase ill project. Approximately 0.5792 acre ofperrnanent right-of-way adjacent to the proposed extension ofArapaho Road (see attached Parcel 5 map) is required as part ofthe proposed roadway improvements. A 0.0813 acre temporary construction easement (see attachedParcel5-TE map) is also necessary to complete the project. This parcel is a portion ofLots 4 & 5, Addison Restanrant Park, and is owned by Heritage Inn Number XIIIITharaldson Development. In January 2002, the fum ofEvaluation Associates performed an appraisal ofthe value (summary attached) ofthe proposed fee-simple taking. The appraisal ofthe 0.5792 acre ofright-of-way and 0.0813 acre oftemporary construction easement on this site resulted in a Total Compensation value of$140,700.00. RECOMMENDATION: : It is recommended that Council authorize the City Manager to offer a total of . $140,700.00 to Heritage Inn Number XIlIITharaldson Development, for the acquisition' of0.5792 acre ofpermanent right-of-way and 0.0813 acre .of temporary construction easement from Lots 4 & 5, Addison Restaurant Park. EvALUA'tION ASSOCIATES RIGHT OF WAY LAND RIGHTS ANALYSIS' APPRAISAL' 􀁁􀁃􀁑􀁕􀁬􀁓􀁉􀀺􀁮􀁏􀁾• SOLUTIONS SUMMARY OF,SALIENT FACTS AND CONCLUSIONS . ARAPAHO ROAD PROJECT I Property Owner: 􀁂􀁾􀁲􀁩􀁴􀁡􀁧􀁥􀀠Inn Number XIIIffharaldson Development Parcel No.5 I Valuation Conclusion: Whole Property (Land Only) $900,000 Proposed Acquisition' $ 138,754 I Remainder Before Acquisition $ 761,246 Remainder After Acquisition $ 761,246 Loss in Value ofRemainder After $ -0Detennination ofCompensation: Permanent Right ofWay (Land Only@$5.50/SF) $138,754 Compensation for Improvements (None -Replacement) $ -0Landscaping . (None -Replacement) $ -0Temporary Construction Easement $ 1.946 Total Compensation $140,700 Date ofAppraisal: January 12, 2002 Location: 4555 Belt Line Road, Town ofAddison, Texas Legal Description: Lots 4 and 5, Addison Restaurant Park, Town of Addison, Dallas County, Texas Land SiZe: Whole Property (per DCAD records) 3.7610 Acres Right ofway Area . . 0.5792 Acres Temporary Construction easement 0.0813 Acres Zoning: PD, Planned Development District ffighest and Best Use: As ifVacant BEFORE: Commercial use As ifVacant AFTER: Commercial use 11615 Forest Central Drive' Suite 205 • Dallas, Texas 75243-3917 • (214) 553-1414 --.-LINE TABLE EXHIBIT "SU 􀀭􀀭􀁾􀀠DIS eAU.£DUN BEARING CAllED 􀁟􀀮􀀠_. . . _-. 􀁾::::::::::::>-. t,-Ll S 00'12'19" W . s....,..... _ 21.00' . . 􀀧􀁾􀀺􀀺􀀺􀀻􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀭􀀭􀀺􀀺􀀺􀀺􀀺􀀭􀁉􀀧􀁓􀀧􀁁 􀀢􀀢􀁏􀀠RM9...-.r 20.97'L'I. .N 00'24'1Q" W """""..... 􀁟􀁾􀁀􀀡􀁩􀁦􀀡􀀷􀁕􀁩􀀮􀁉􀁩􀀡􀁬􀁀􀀭􀁊􀁴􀀻􀂩􀂩􀀨􀁬􀁻􀀭􀀤􀁬􀁬􀁦􀁦􀁉􀁬􀁦􀁷􀁮􀀠􀁾􀀯􀁉􀁒􀁜􀁁􀁥􀁴􀀶􀀱􀁜􀀮􀁾􀀹􀁾􀀠._.... --..:;::::::::.------.-t>< "''''... i.lJGUS 'PO 629􀁟􀀭􀀺􀀺􀀺􀀺􀀭􀀺􀀺􀀢􀀮􀀺􀀺􀀮􀀮􀀮􀁟􀀮􀁾􀀭􀀭 􀁩􀁁􀁬􀀮􀁑􀀺􀁾􀀮􀁳􀀱􀁗􀀠•.ro: 490\'2.. •::::= ___._-􀀢􀀧􀁾􀀠 't__ ujtl1.C.1o____ 􀁾o ( .......;" 15' \'lATER EASMENT 􀀧􀀡􀀮􀁾􀀠_!lA< , •1,,,-,----_.-•. _,,'---,--. -_• .......--,.--_.-􀁾􀁾VOL 88D66, PG, 4219 ---..71_'0') P.O.B.􀁾􀁾􀁾􀀢􀀢....' --__ I._--------------􀀭􀀭􀁾􀀭 ----_""_-<__􀁾􀀭􀀮􀁾􀀧􀀠M"" -,..,--" ",.,' =-N 65'49'17" E _. 533.12'. -N so·\\ 36 􀁅􀁾􀀠397.14 --. oJPROPOSED ARAPAHO ROAD mD, s,.. -ROO 􀁾􀀠W 􀀺􀀰􀀰􀀰􀀧􀀰􀁾􀁾􀁦􀀧. t '..",,",,*, f=-􀁾􀀢􀀢􀀽􀀠.J) -􀁾=+-,'7/.,HIM_1t N 89'56'49" W -305.09' ." 0 00""" APPROXIMATE LOCATION OF 10' UTIUTY EASEMENT IlU£D 19.01 AC. mY OF DALLAS.....-. 􀀭􀀭􀀭􀁾􀀺􀀧􀀽􀀠􀁾􀀠\ ....==.: 􀀽􀀺􀀺􀁾􀁾􀀭􀀢􀀮􀀡􀀮􀁾􀀮􀀻􀀼􀀺􀀮􀀭􀀭􀁾􀂷􀀭􀁾􀁈􀁅􀁒􀁉􀁔 􀁁􀁇􀁅􀀠INN NUM8£R '1IIIooST 8, 1958MOTEL 6 OPERATING LP. __ 4942. PG. 629 CAULED -I.9B14 ACRE S XlN. D.R.D.C.T.FEBUARY 1. 1990 ADDISON RESTAURANT UMITED PARTNERSHIP VOl.. 90024. PG. 719 PARK CALLED 4.1525 ACRES I LOT 1 BLOCK AD.R.D.C.T. -MARCH 9. 1988 JANUARY 2+. 1997 VOL B8066. PG. 4219 VOL 97018, PO. 00073 "'000 RESERVOIRrJ)lGUST 2. 19B9D.R.D.C.T. D.R.D.CoT.RODEWAYINN \p.. 90012. Po. 3386 JANUARY 16. 1981 ! n.R.O.C.T.VOL Bl052. PO.' 0775 O.R.D.C,T. I PARCEL 5 A PLAT OF A NOTES: 0.5792 I.CRE(25.2211 S.Q.FT.) .. IRACTOF. bAND.· .' >.,' ALL -EASEMENTS SHOWN ARE TAKEN fl!OM THE PLAlli'iNDICATEO IN lliE EDWARD COOK' SURVE Y . HEREON. THE SURvEYOR DID NOT ABSTRACT THE SUBJECT PROPERTY SO ALL EASEMENTS MAY NOT BE SHOWN. JlllSlRACT NO. 326 lIlWN-OF ADDISON ALL BEARINGS ARE REFERENCED TO THE NORTH RIGHT OF WAY DAUAS COUNTY. TEXASUNE OF CENllJRION WAY. CAu.£D S-89'51'55" E. ACOORDING TO DENOTES A FOUND POINT AS INDICATED•THE FlNAL PLAT OF LOT 3. SUR""YOR ADDITION. RECORDED IN DENOTES A 5/B' IRON ROO SET UNLESS• 60 03060VOL 77173. PAGE 135. D.R.O.C.T. I I ___-------1 1 ---PROPOSED RIGHT OF WAY UNE OTHERWISE NOTED A lEGAl DESCRIPTION OF EllEN SURIlEY DATE HEREWITH ACCOMPANIES THIS PLAT. tRAPHIC SCALE , INCH = 60 FT. EXHIBIT "8" .􀁩􀀱􀁬􀀺􀁩􀁬􀀱􀁊􀁩􀁃􀁾􀁔􀁉􀁩􀁩􀁾􀀺􀀺􀀭􀀭􀀧􀀠.aAPA"O 􀁾􀁯􀁢􀁧􀀮...fl 􀁾􀀠. Aiv:' ¢ 􀁒􀀾􀁯􀀮􀁾􀀮􀀩􀀱􀁾􀁬􀁩􀁩􀁬􀁾􀁾􀁬􀁩􀀱􀀡􀁀􀀭􀀭􀀽􀀺􀁀􀀠􀁾􀁗􀀠􀁴􀁜􀁦􀁾􀁓􀁬􀀠s. 19as2.9 􀁾􀀡􀁬􀁉􀁾􀂮􀀠AU 1,!142, pel. 􀁾_I==--=-􀁾􀀠􀁾􀁑􀁉􀀮􀀮􀀠O.R>Q·C.1• --􀁾􀀠􀀮􀁾􀀠" ". 􀀬􀁾"-􀁏􀁦􀁴􀁾􀁳􀁬􀀢􀀠􀁾􀀮􀀭􀀽􀁗􀀧􀀠􀀮􀁾􀀧􀁾L3 t,". S 89'58'49" E -305.09' N 89'58'49" W -305.05'I, M01£L 6 OPERAllNG LP, CAu.ED +.9814 ACRES . FEBUARY 1. 1990 VOL 90024, Pc. 0779 D.R.D.C.T. RODE WAY INN JANUARY 16. 1981 VOL. 81052. PG. 0775 D.R.D.C.T. NOTES; AiL £ASEMENnl, SHoWN 'ARE TA!. 􀁕􀁾􀀡􀁊􀀮􀁐􀀠LOT 1 BLOCK A B'ELTWOOD RE SERVOIR . AUGUS T 2. 1989 VOL. 90012, PG. 3386 D.R.D.C.T. PARCEL 5 A PLAT OF A 0.5792 ACRE (25,228 SQ. FT.) TRACT OF LAND IN THE EDWARD COOK SURVEY ABSTRACT NO. 326 TOWN OF ADDISON DALLAS COUNTY. TEXAS 60 0 30 60 120 !􀁾􀀭􀀭􀀡􀀠; ; ACCOMPANIES THIS PLAT. GRAPHIC SCALE'UUb; /:'W-'(7 1 INCH = 60 FT. psd COWLES &THOMPSON A Professional Corporalion􀁾􀀠􀁾􀀠ATTORNEYS AND COUNSELORS1978-2003 ANGELA K. WASHINGTON 214.672.2144 AWASHINGTOH@COWLESTHOMPSON.COM January 30, 2004 Mr. Steve Chutchian Assistant City Engineer Town ofAddison P.O. Box 9010 Addison, TX 75001-9010 RE: ParcelS (Heritage Inn), Arapaho Extension of Road Project Dear Steve: Enclosed please find a copy of the faxed transmission from Republic Title informing us that this transaction has funded and that the conveyance documents will be sent to the county clerk fur recording. If you have any questions, please give me a call. Sincerely, 􀀯􀀭􀀾􀀮􀁴􀀧􀁾􀀠I{ ,􀁯􀁩􀁦􀁾􀀠Angela K. Washington AKW{)jr Enclosure c(w{o Ene.): Mr. Kenneth C. Dippel, wlfirm 901 MAIN STREf;.T SUITE 4000 VALLAS, TEXAS 75202<3793 D ALL A S T Y L E R TEL 214.672.2000 fAX 214.612.2020 WWW.f.OWLESTHOMPSON.COM Documenl II: 1091021 JAN-29-2004 THU 04:21 PM FAX NO. P. 01/01 RJ£PUBLlC TITLE OF TEXAS, INC. 2626 UOWf1llwSTREt£"i, lOTl1FWOR 􀁄􀁁􀁌􀁬􀀮􀁊􀁜􀁓􀁾􀀠TEXAS 752.04 MAIN! 214.855.8888 FAX; 214.8:55.8848 :?ATltlCfA A. SHfiRMAN "BR.uce, ESQ. HeA.TIrER D. CtuMARY5 VleF.PItIlSIDENT ASSIS.TANT l,)lrust..I)tAL: 214.855.8878 DlRECTDtAi.: 214.SS5.8846 FAX TRANSMISSION RE: 02R14033fSJ7 HERITAGEI"'N NUMBER XIII ("SELLER") TO TOWN OF ADDISON ("PURCHASI'R") JANUARY 29, ;Z004 _____ (SUFWJI"")Lon'i Ka.s:owski (.-IMlcr) Steve Chutchian (Purrlff/S.er) Fa", l.701.293.6486 􀁆􀁾􀀺via atlornay Fax: _____ (l3l'giwr) Mark r'LlTY NOTICE TIle infornlation contained in this facsinillo 􀁭􀁥􀁳􀁳􀁡􀁾and nocrurl.,t\ts 􀁡􀁾􀁣􀁯􀁭􀁰􀁵􀁵􀁹􀁩􀁮� �􀁳􀁡􀁭􀁥arc legallyprivileged and confidential infol"T't\tl.tion intended only fot"the I.lSe oftho individual orentitynamed hore;n. (fthe reader of tbis message is not the intended recipiertt. youarO herebynotified that any disscmJnation. distribution or copy oHMs tcleoopy is strict1yprohibited. Ifyou have:received lbi;;: telccopy in error, please immcdiatclynotifyu5 hy telephone and return tho original ntcssage to us tit the f,lddrl"S$ below via the United States Postal Service. Thank you. o Urgent CJ Fa.. Review CJ Ple... ,uo 􀁃􀁯􀁾􀀠Cl Ploase Ploase Reply CJ Please Recycle COWLES &THOMPSONl!5tX A Professional Corporation􀁾􀀢􀀢􀀷􀀠ATTORNEYS AND COUNSELORS1978-2003 ANGELA K. WASH1NGTON 214.672,.2144 AWASHlNGTON@COWL£ST1iOMPSON.COM January 29, 2004 Ms. Patricia A. Shennan Bruce, Esq. Vice President Republic Title ofTexas, Inc. 2626 Howell Street, lOth Floor Dallas, TX 75204-4064 RE: ParcelS (Heritage Inn No. XIII), Arapabo Extension of Road Project Your File No. GF 02R14033/SJ6 Dear Patricia: Enclosed is the executed Purchaser's Statement for the above-referenced property. A copy of the fully executed Contract of Sale and the originals of the Right-of-Way Deed and the Tj:mporary Construction Easement were forwarded to you on June 13, 2003. I have forwarded the necessary infonnation to City staff to authorize the wiring of the funds. Ifyou have any questions or need anything further, please give me a call. Sincerely, 􀁾􀁖􀁖􀀧􀁶􀁉􀁌􀀮􀀮􀀠JC 0/)----Angela K. Washington AKW/yjr Enclosure c(w/o Ene.): Mr. Mike Murphy, wlTown (w/o Ene.) Mr. Steve Chutehian, w/Town . (w/o Enc.) Mr. Kenneth C. Dippel, w/finn 901 MAIN STREST SUITE 4000 DALLAS, TEXAS 75202·3793DALLAS T Y L E R TEL 214.672.20QO F'AX 214.672,2020 www.COWLESTHOM P SON. COM 􀁊􀁾􀁾􀀭􀀲􀀸􀀭􀀲􀀰􀀰􀀴􀀠03:26 COWLES & THOMPSON 2146722020 P.B2/02 COWLES &THOMPSON A Prorcuiol'l.a.1 CorllO'ratlon ATTORNEYS AND COUNS£lORS AHGI1LA I<. WA$HINCfON ,'.,112.l14_ AWASMINCTONOCOWlESTHOM PSOff.cOM January 28, 2004 JIlA FACSIMILE (911) 450-1065 Ms. Carolyn Burgette Accounting Manager Town ofAddison P.O. Box 9010 Addison, TX 75001-9010 JIlA FACSIMILE (971) 450-2831 Mr. Steve Chutchian Town ofAddison P.O. Box 9010 Addison, TX 75001-9010 RE: Pareel S (Heritage lOll), Arapaho Extension of Road Project Dear Carolyn and Steve: In connection with Parcel 5, Arapaho Road Project, enclosed are the following documents: I. A copy oflhe executed Purchaser's Settlement Statement; and 2. A copy ofthe executed and approved Contract of Sale. Wiring instructions are also enclosed. Once the money has been forwarded to Republic Title, it will forward the purchase price to the Seller. Please let me know if you need anything further. Thank you tor your assistance. Sincerely, x-J )(. 􀁾􀁾􀀩)0 􀀨􀁾􀁣􀁬􀁾􀁨􀁩􀁮􀁧􀁴􀁯􀁾􀀠((j je? AKW/yjr Attachments c wlo Attachments: Mr. Mike Murphy JIla Facsimile (912) 450-2837 Mr. Kenneth C. Dippel, w/firm 90l MAn! STR:£t;T SUITE 4(01) OALLAS, TEXAS 1HO:!·)1IJ) TEt. :H4,672,20(H} FAX. 2H.41Z.Z!}it>D All A S T Y l E R 􀁷􀁷􀁷􀀮􀁥􀁏􀁗􀁬􀂣􀁓􀁔􀁾􀁏􀁍􀁐􀁓􀁇􀁎􀀮􀁃􀁏􀁍􀀠TOTAL P.B2 J,AN-28-2004 03: 26 COWLES & THOMPSON 21467220213 P.131/02 COWLES &THOMPSON A Pral.ulon.U CarpGrUfqn ATTORNEVS ANO COUNSELORS FACSIMILE COVER PAGE Time: ______Date: January 28. 2004 Total Number of Pages (including this sheet): 2 Normal/Rush: Normal Client/Matter #: 3305/62006 TO: (1) Mike Murphy FAX: 912.450.2837 PHONE: FROM: Angela K. Washington Direct Dial #: (214) 672-2144 MESSAGE: RE: Parcel 5 (Heritage Inn). Arapaho Extension of Road Project IF YOU HAVE ANY PROBLEMS WITH THIS TRANSMISSION. PLEASE CALL Yolanda Rodriguez at (214) 672-2629 Thank you. IMPORTANnCONFICENTIAL; This message is intended only for the use of the individual or entity 10 whiCh it is addressed. This message contains Information from the law firm of Cowles & Thompson which may be privileged, confidentiCll, Clnd exempt from disclosure under applicable law, If lIle reader of this messagE! is not the intended recipient or Ihe employee, or agent responsible for delivering the message 10 the inlended recipienl, you are hereby notified thai any dissemination. distribution, or copyins of this communication is slrlctly prohibited. If you have received this communication In error, please notify us immediately at our telephone 􀁮􀁵􀁭􀁾􀁲(214) 672-2000, We •will be happy to arrange for the return of this massage to us, vie the United States Postal Service, at no cost to you. 90), NUH 'Tltill SUITt 4000 OAllAS, r'XAS 75202·]19' D ALL A S T Y l £ A TEL 21',412,2000 FAX 􀀲􀁬􀀴􀀮􀁾􀁈􀀬􀀲􀀰􀀲􀀰􀀠www.eOWI. IIT"O¥.SOH.COM SIGNED STO U 􀁾􀁆􀁏􀁁􀁍􀀴􀀰􀀰􀀸􀀠 FORi__􀁾􀁾􀁾􀁾􀁾􀁾􀁾􀁾􀀠M.___􀁾􀀴􀀮􀁟􀀧􀀭􀀺􀀻􀀠OF·_._4...-l.....L SIGNED DATE SUBMITTED: January 21, 2004 FOR COUNCIL MEETING: January 27, 2004 Council Agenda Item SUMMARY: This item is for the consideration ofa resolution approving the purchase of a 0.0790 acre tract of land for a temporary construction easement and approving the fee simple purchase ofa 0.1934 acre tract ofland for permanent right-of-way, both tracts generally located at 4455 Belt Line Road, approving a contract ofsale for said purchases, and In providing an effective date. '" !Jt/tfoVI" FINANCIALlMPACf: 􀁜􀁦􀁁􀁾􀀴􀀮􀀠• Budgeted Amount: N/A Cost: $60,868.65 Source ofFunds: Funds are available from Year 2002 General Obligation .i:So.nq,; Program, Project No. 83300. BACKGROUND: The right-of-way acquisition process is currently underway on the proposed Arapaho road, Phase illproject. Approximately 0.1934 acre ofpermanent right-of-way adjacent to the proposed extension ofArapaho Road (see attached Parcel 5 map) is required as part ofthe proposed roadway improvements. A 0.0790 acre temporary construction easement (see attached Parcel 5-TE map) is also necessary to complete the project. This parcel is a portion ofLots 4 & 5, Addison Restaurant Park, and is owned by Heritage Inn1-]Number XIIIlTharaldson Development. InJanuary 2002, the firm ofEvaluation C'C'"T Associates performed an appraisal ofthe value ofthe proposed fee-simple taking. The appraisal ofthe 0.1934 acre ofright-of-way and 0.0790 acre oftemporary construction 7. 􀁚􀁏􀁾􀁾􀁟􀀠easement on this site resulted in a Total Compensation value of$60,868.65. This value I represents a reduction in compensation that was originally submitted to Council, in the amount of$140,700.00, for consideration in June 2002. Public Works staff determined that a lesser amount ofright-of-way acquisition was actually necessary at this location, in order to complete project requirements. RECOMMENDATION: Itis reconunended that Council approve a resolution for the purchase ofa 0.0790 acre tract ofland for a temporary construction easement and approve the fee simple purchase ofa 0.1934 acre tract ofland for permanent right-of-way, both tracts generally located at 4455 Belt Line Road, approve a contract ofsale for said purchases, and providing an effective date. TOWN OF ADDISON, TEXAS RESOLUTION NO. R ______ A RESOLUTON OF THE CITY COUNCIL OF THE TOWN OF ADDISON, TEXAS, APPROVING THE PURCHASE OF A TEMPORARY CONSTRUCTION EASEMENT IN A 0.0790 TRACT OF LAND AND APPROVING THE FEE SIMPLE PURCHASE OF A 0.1934 ACRE TRACT OF LAND FOR PERMANENT RIGHT-OF-WAY, BOTH TRACTS GENERALLY LOCATED AT 4455 BELT LINE ROAD; APPROVING A CONTRACT OF SALE FOR SAID PURCHASES; AND PROVIDING AN EFFEctIVE DATE. WHEREAS, the proposed Arapaho Road Extension Project is currently underway, which includes right-of-way acquisitions; and WHEREAS, a tract ofland approximately 0.1934 acres in size (as described in Exhibit B to the Contract of Sale attached hereto and incorporated herein) is required for permanent right-of-way in connection with the proposed extension to Arapaho Road; and WHEREAS, a tract ofland approximately 0.0790 acres in size (as described in Exhibit C to the Contract of Sale attached hereto and incorporated herein) is required for the construction ofsaid right-of-way; and WHEREAS, the owner of said tracts has agreed to convey the necessary easement and property to the Town of Addison for $60,868.65; and WHEREAS, the owner has executed a Contract of Sale regarding the conveyance of such easement and property for said amount subject to approval by the City Council, which agreement is attached hereto and incorporated herein; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE TOWN OF ADDISON, TEXAS: Section 1. That the City Council has determined that $60,868.65 is reasonable compensation for the fee simple tract and temporary construction easement described in Exhibits B and C of the Contract of Sale attached hereto and incorporated herein to be acquired and all damages to the property remaining, and does hereby authorize the acquisition of said property and easement for the construction and extension of Arapaho Road. Seetion 2. That the City Council does hereby j.,r.........w..--' 2003 SELLER: Heritage Inn Number xm, Limited Partnership eritage Inn, Inc., its General Partner By: ExecutedJ.........c-/1.... , 2003 BUYER: Town ofAddison, Texas B; 􀁒􀀭􀁬􀁾􀁷􀀺􀀺􀀠J Ron Whitehead, City Manager 8 EXHIBIT A PROPERTY DESCRIPTlON., BEING alract ofland lirualed in the Ed,!,ard 􀁃􀁯􀁯􀁾􀀠􀁓􀁾􀁉􀁙􀁥􀁹􀀬􀀠!\bS\fact No,l26, Dallas County, T!:Xas, said Il1!CI being a pan of the Addison Reruwranl Park, !l1 Addition in the City ofAddison, Tm.s 􀁡􀁾􀀠recorded in Vo.'ume 88066, Page 􀁾􀀱􀀡􀀹􀀬􀀠Map R7"ords, Dall.i,County, Texas, and, being more panieuiariy described u foUows: ' COMMENCING at a 'I,' iron rod fouad al the NortheASt comer of Addison Oaks A.ddition Loll an p,ddirion in Ihe Cil)' of Addison as rocorded in Volume 9OO!2, Page'J378, Map Record;' Dalla; CounlY, Texas, said iron rod also being siluiUed in the West line OrLol 1, Block I, of Bellwood ReseIYoii Addition, an addition in ,the'City o(Addison as recorc1ed in V"lijIne '90!il2, Page1:i86, Map Recordl. Dallas COUllI)', Teoee of 177 16 feet \0 • 5/8" iron rod fQ\Jnd for cornell io the Westline of8d\WoOd ReI.I'Voir Addition;"'. " TIiENCE: S 00' 43' 00' W, Ilong tilt West line,of said \1e1twood 􀁾􀁯􀁩􀁬Addition, 1 diillJlce of 'lO6,16 feel tOIhe PLACE OF BEGrNNlNG I!ld Cowining 4,1525 IClOS ofland -.' ..' , f 9fl,O '\ 8 a007 5 EXHIBITB Parcel 5 Field Note Description Arapaho Road Project Town of Addison Dallas County, Texas BEING a description of a 0.1934 acre (8,425 square foot) tract of land situated in the Edward Cook Survey, Abstract Number 326, Town of Addison, Dallas County, Texas, and being a portion of a called 4.1525 acre tract of land as conveyed to Heritage Inn Number XIII as evidenced by the deed recorded in Volume 97018, Page 00073 of the Deed Records of Dallas County, Texas, also being a portion of "Lots 4 & 5, Block 1, Addison Restaurant Park", a addition to the Town of Addison as evidenced by the plat recorded in Volume 97209, Page 01069 of said Deed Records, said 0.1934 acre tract of land being more particularly described by metes and bounds as follows; COMMENCING at a 5/8 inch iron rod found for the common Northeast corners of said called 4 .1525 acre tract and a 24 foot wide right of way dedication as evidenced by said plat of "Lots 4 & 5, Block I, Addison Restaurant Park", Southeast corner of a 60 foot wide right of way dedication as evidenced by the plat of Addison Restaurant Park, an addition to the Town of Addison as evidenced by the plat recorded in Volume 88066, Page 4219 of said Deed Records, and Northwest corner of Lot I, Block A of Beltwood Reservoir, an addition to the Town of Addison as evidenced by the plat recorded in Volume 90012, Page 3386 of said Deed Records, said point also being in the West line of, a called 19.01 acre, tract of land conveyed to the City of Dallas as evidenced by deed recorded in Volume 4942, Page 629 of said deed Records; THENCE, SOUTH 00°12'19" WEST (called South 00°43' 00" West), along the common East line of said called 4.1525 acre tract and West line of said called 19.01 acre tract, a distance of 24.40 feet to the Southeast corner of said 24 foot wide right of way dedication; THENCE, SOUTH 800 11'36" WEST (called North 80°53'00" East), departing said common line and along the South line of said 24 foot wide right of way dedication, a distance of 19.76 feet to a 5/8 inch iron rod set in a curve of the proposed South right of way line of Arapaho Road for the POINT OF BEGINNING of the herein described tract; Page 1 of 2 EXHIBITB PARCEL 5 -ARAPAHO ROAD PROJECT THENCE, SOUTHWESTERLY, departing said line and along the proposed South right of way line of Arapaho Road and the arc of a non-tangent curve to the right having a radius of 1,177.92 feet, a central angle of 18°35' 31" , a chord bearing South 80°43'26" West for 380.55 feet, passing at an arc distance of 290.95 feet the common West line of said Lot 5 and East line of said Lot 4, continuing for a total arc distance of 382.22 feet to a 5/8 inch iron rod set for the point of tangency of said curve; THENCE, NORTH 89°58'49 WEST, continuing along said proposed South right of way line of Arapaho Road, a distance of 263.14 feet to a 5/8 inch iron rod set in the South line of said 24 foot wide right of way dedication; THENCE, NORTH 85°49'17" EAST (called North 86°21'00" East), departing said line and along the South line of said 24 foot wide right of way dedication, passing at a distance of 355.11 feet the common East line of said Lot 4 and West line of said Lot 5, continuing for a total distance of 493.84 feet to an angle point; THENCE, NORTH 80°11' 36" EAST (called North 80°53' 00· East), continuing along said line, a distance of 148.35 feet to the POINT OF BEGINNING; CONTAINING an area of 0.1934 acres or 8,425 square feet of land within the metes recited. All bearings are referenced to the North Right of Way line of Centurion Way, called S 89°51'55" E, according to the final plat of Lot 3, Surveyor Addition, recorded in Vol. 77173, Page 135, Deed Records of Dallas County, Texas. A plat of even survey date herewith accompanies this description. I, Ayub R. Sandhu, a Registered 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. 􀁾􀁣􀀮􀀦􀀠ce. 􀁾􀀮􀀼􀀮􀀭􀀺􀁑􀁯􀀠2-;?'g-(U 􀁾􀁒􀁾􀀠Sandhu, R.P.L.S. Texas Registration No. 2910 Page 2 of 2 􀁉􀁾􀀠"-' UNE BEARING ""'-"0 EXlllilII.!!. UNE TAilLE""""'. ±DISTJLl S 09'12'19" W.J SOO'+3'OO'" 2MO' 􀁾􀀮􀁬􀀠.j; 60'11'36' W NBO'5J'OQ"£ 19.75' 􀀡􀁬􀁉􀁩􀂻􀁗􀁴􀁜􀁬􀁏􀁉􀁩􀂻􀁃􀁀􀁬􀁦􀀤􀁉􀁬􀁉􀁬􀁾􀁜􀀮􀀷􀁾 􀀧􀁬􀁦􀂷􀀠,;p.I>Pf:J 􀀺􀁾􀀮􀁾􀁪􀁬:!JR'I!: TABLE . .. . 􀁴􀁜􀁬􀁄􀀺􀀺􀁩􀁬􀁾􀁩􀀠􀁊􀀧􀀯􀁊􀀡􀁾􀀹􀀴􀀲􀀮􀀠􀀿􀁾􀀮􀀠6.9 ctiRIIE r jjELTA R"'lLUS CHOilD ." C.R.O.C, • CI I 16'35'31' I 1117.9,.. 13112.22'! , -3llo.SS· + 􀁾􀀭􀀭􀀭􀀭.!.... 􀀧􀀺􀁉􀀢􀁾􀀢􀀢􀀢􀀢15' WATER E#lSMENY ,,,.ww_w,_· ..􀁾􀀠"----• __ -------.. 􀀬􀀧􀁾􀀠-....----____ ---.(60' R,O.'II.) AAIIPAHO ROAO .(24' ...0.'11.) VOl-88066. PG. 4219 . VOl-97209. PG. 01069 C.R.D.C.T. rR _ (24' R.O.",,) VOl-"SBOSS, PC. 421' -' VOL. 9n09, PC. 01069 O.R.O.C.T. \.5 P.O.B, c.R.D.C.T. ----:;--r::r-,,)::;.-- 0 . L2 _ • :;;--'. ..J 􀁾􀀠 1 INCH = 60 n. ,. ------_. EXHIBITD After Recordini Return To: Angela K. Washington STATE OF TEXAS § Cowles & Thompson, P.C. § 901 Main Street, Suite 4000 COUNTY OF DALLAS § Dallas, Texas 75202 RIGHT-OF-WAY DEED DATE: ________,,2003 GRANTOR: HERITAGE INN NUMBER XIII, LIMITED PARTNERSHIP 1201 Page Drive Fargo, ND 58103 GRANTEE: TOWN OF ADDISON, TEXAS 5300 Belt Line Road Addison, TX 75001 (Dallas County, Texas) CONSIDERATION: Fifty Eight Thousand Nine Hundred Seventy Five DOLLARS AND No/lOO ($58,975.00), in hand paid by Grantee, the receipt and sufficiency of which is acknowledged by Grantor. PROPERTY (INCLUDING ANY IMPROVEMENTS): A tract of land, herein referred to as Parcel 5, containing approximately 8,425 square feet of land, and more particularly described in Exhibit A (parcel 5 Field Note Description), and depicted on Exhibit B (parcel 5 Survey Depiction), which are attached hereto and incorporated nerein by reference. CONVEYANCE: For the consideration described above, Grantor hereby grants, sells, and conveys to Grantee the Property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and to hold it to Grantee, Grantee's heirs, executors, administrators, successors, and assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, successors, and assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and forever defend all and singular the Property to Grantee and Grantee's heirs, executors, administrators, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof. MISCELLANEOUS: (a) Nothing in tbis instrument shall be construed as a waiver by Grantee of any utility connection charge or other charges imposed by ordinance or Charter ofthe Town of Addison. WARRANTY DEED (Hcritag4! Inn Number XUI) -Page 1 Ol)l;umentP; !Ctlo980 EXHIBITD (b) The Property hereby conveyed may be used as a public right-of-way for the passage of vehicular and pedestrian traffic, including (without limitation) streets, roads, sidewalks, utilities, drainage, and other customary uses of public right-oT-way. Improvements may be on such grade and according to such plans and specifications as will, in the opinion of Grantee, best serve the public purpose. (c) The consideration described above shall be deemed full compensation for the conveyance of the Property, and for any diminution in value that may result to the remaining property ofGrantor by virtue ofGrantee's use of the Property. (d) When the context requires it, singular nouns and pronouns include the plural. EXECUTED effective as ofthe day first written above. Heritage Inn Number XIII, Limited Partnership t Heritage Inn, Inc., its General Partner STATE OF NORTH DAKOTA § § COUNTY OF CASS § BefiMe, the undersigned notary public in and for said county and state, on this 􀁾􀀠day of \,'hQ.,. , 2003, personally appeared Gary Tharaldson, President of Midwest Hetage Inn, Inc., known to me to be the identical person who. executed the within and foregoing document, and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or entity upon behalf of which he acted, executed the instrument, for the uses and purposes therein set forth. () OL,JrJ(. Notary P ie, State ofNorth Dakota Print Name: LoA ILasoNsfi,' My Commission Expires: IVou. 21, ZL[fp 􀁬􀁏􀁒􀁬􀁾􀀠Hater{ PI.tlik:[SEAL] state <::A North Dakota My 􀁣􀁾Expjrec Nov. 21. 2006 WARRANTY DEED 􀀨􀁮􀁾􀁲􀁬􀁴􀁊􀁬􀁧􀁣􀀠Inn Number XIII) -rtlgc 2. EXIlmITE TEMPORARY CONSTRUCTION EASEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF DALLAS § THAT HERITAGE INN NUMBER XIII, LIMITED PARTNERSIDP, a North Dakota Partnership, hereinafter called GRANTOR, for and in consideration of the sum of One Thousand Eight Hundred Ninety Three DOLLARS AND 65/100 ($1,893.65) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does by these presents grant, sell and convey to the Town of Addison, hereinafter called GRANTEE of the County of Dallas and State of Texas, a temporary easement and right of passage in, on, over, across, along, under and through a portion (the "Easement Area") of GRANTOR'S property, which easement and right of passage is shown and depicted on Exhibit B, attached to and incorporated herein, for the purpose of constructing a roadway to be known as Arapaho Road. The Easement Area is described as follows: See attached Exhibit A (Field Note Description for Parcel 5-TE), which is made a part ofthis easement as iffully copied herein. This temporary construction easement shall only be used by GRANTEE and its contractors in connection with the construction of a public right-of-way adjacent to the Easement Area. GRANTEE shall restore the Easement Area to the condition that existed before the construction of the roadway. This temporary easement shall terminate 24 months from the date of the Notice to Proceed with construction under the construction contract for the roadway adj acent to the Easement Area, or upon completion of the construction of the portion of the roadway adjacent to the Easement Area, whichever is earlier. TO HAVE AND TO HOLD unto the Town of Addison, Texas as aforesaid, for the purposes and on the conditions set forth hereinabove, the easement and Easement Area described above. Grantor binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and defend all and singular the Easement Area to Grantee for the duration and purposes set out herein against every person whomsoever lawfully claiming or to claim the same or any part thereof. EXECUTED this -j-j}L",,'#---day of4.l-"kU""'-----" 2003. GRANTOR Heritage I Number XIII, Limited Partnership By: Mi est Heritage Inn, Inc., its General Partner TEMPORARY CONSTRUCTION EASEMENT PARCEL5-TE Doc:umclR": 1016916 EXHmITE STATE OF 􀁾􀁄􀁶􀁩􀁨􀀠1:nllill § COUNTY 0 (ti S') § \ 􀁾BEFORE ME, the undersigned notary public in and for aid COUll and stat;e, on this ;-JU=-day of,"]fiNl....r ,2003, personally appeared 'I:£l 0,\ , khown to me to be the identical person who executed the wi' d oregoing document, and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or entity upon behalf of which he acted, executed the instrument, fur the uses and purposes therein set forth. GIVEN UNDER my hand and seal ofoffice the day and year last above written. 􀁎􀁏􀁗􀀬􀁾􀁾Print Name: ,0;4 ,t;;A w,E& MY CZ.SSION EXPIRES: o .2.1, iCcJpI [SEAL] TEMPORARY CONSTRUCTION EASEMENT PARCEL5·TE l.).xufOOl( t:; Ie Wi76 -. /. , • •j • /..'/-.f//; , _I \ , .. , -.; '. ----------\----..", 􀁾􀀠.,... '"-'"..., N .' . /\,, \ \ \ \ • \ i i , I '\ "\ .....-....• ,. . . w_ , , .. q \: \ \ 􀁾􀁜􀀠\--\ , t'''-.\\-\ " 􀀬􀀢􀀢􀁾􀀠\. \ \I..\. \._.--..•:..•. \ '-'. . \ '-..'\ \ .\ '. '. \ \." .. \ '. \ \ After Recording Return To: Angela K. Washington STATE OF TEXAS § Cowles & Thompson, P.C. § 901 Main Street, Suite 4000 COUNTY OF DALLAS § Dallas, Texas 75202 RIGHT-OF-WAY DEED DATE: ________,2003 GRANTOR: HERlTAGE INN NUMBER Xllr, LIMITED PARTNERSHIP 1201 Page Drive Fargo, ND 58103 GRANTEE: TOWN OF ADDISON, TEXAS 5300 Belt Line Road Addison, TX 75001 (Dallas County, Texas) CONSIDERATION: Fifty Eight Thousand Nine Hundred Seventy Five DOLLARS AND Noll 00 ($58,975.00), in hand paid by Grantee, the receipt and sufficiency of which is acknowledged by Grantor. PROPERTY (INCLUDING ANY IMPROVEMENTS): A tract of land, herein referred to as Parcel 5, containing approximately 8,425 square feet of land, and more particularly described in Exhibit A (parcel 5 Field Note Description), and depicted on Exhibit B (parcel 5 Survey Depiction), which are attached hereto and incorporated l'!erein by reference. CONVEYANCE: For the consideration described above, Grantor hereby grants, sells, and conveys to Grantee the Property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and to hold it to Grantee, Grantee's heirs, executors, administrators, successors, and assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, successors, and assigns forevcr. Grantor binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and forever defend all and singular the Property to Grantee and Grantee's heirs, executors, administrators, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof. MISCELLANEOUS: (a) Nothing in this instrument shall be construed as a waiver by Grantee ofany utility eonnection charge or other charges imposed by ordinance or Charter ofthe Town of Addison. WAnRANTY DEED (Heritage fun NUmber XIII) -Page I er' set forth. (b) The Property hereby conveyed may be used as a public right-of-way for the passage of vehicular and pedestrian traffic, including (without limitation) streets, roads, sidewalks, utilities, drainage, and other customary uses of public right-or-way. Improvements may be on such grade and according to such plans and specifications as will, in the opinion of Grantee, best serve the public purpose. (c) The consideration described above shall be deemed full compensation for the conveyance of the Property, and for any diminution in value that may result to the remaining property of Grantor by virtue ofGrantee's use ofthe Property. Cd) When the context requires it, singular nouns and pronouns include the plural. EXECUTED effective as of the day first written above. Heritage Inn Number XIII, Limited Partnership st Heritage Inn, Inc., its General Partner STATE OF NORTH DAKOTA § § COUNTY OF CASS § Before e, the undersigned notary public in and for said county and state, on this i/)ik day of , 2003, personally appeared Gary Tharaldson, President of Midwest Heritag Inn, Inc., known to me to be the identical person who executed the within and foregoing document, and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or entity upon behalf of which he acted, executed the instrument, for the uses and purposes Notary IC, Stat ofNorth Dakota 􀁾.• Print Name: I.cJrr 􀀡􀀶􀁊􀁦􀀨􀀱􀁴􀁊􀀮􀁦􀁾􀀨􀀠LOR! KASOWSKI Notay P\.bIc State of North Ookota [SEAL] My CommIooIon ExpIres Nov. 21.2006 WARRANTY DEED (Heritage tnn Number XIII) -Pllge 2 iJ AU. BEARINGS ARE REfERENCED TO THE NORiH RtGHT OF WAY 􀁩􀁾􀁩􀀠Ay 1In 11 "oIIiI.l1l1 J IJ UNE OF CENTURiON WAY, CALLED S 89'51'55'" E. ACCORO!NG TO T AS INDICATED \xL(. 'f' 2910 ..tl?"rJ/ll-iE FiNAl PLAT OF LOT 3, SURVEYOR AOOIl10N. RECORDED IN A 􀁆􀀧􀁏􀀯􀁕􀁾􀁾􀁒􀁾􀁾􀁉􀁎􀁒􀁏􀁏􀀠SET UNLESS 􀁜􀁾􀁻􀁉􀀮􀁲􀀺􀁴􀀬􀀠􀁯􀀬􀁣􀁴􀀺􀀺􀁥􀀭􀀭􀁴􀀬􀀮􀀬􀀨􀀺􀀩􀁾􀀺􀀬􀀠60 o 30 60 120II DENOTES ,)!'VOL. 77173. PAGE 135. O,R.O.C.T. DENOTES A 5 B 􀁾􀀮0''''''1 • _ ___iii!􀁾􀀭􀁟􀁟􀀠􀁾• 􀁏􀁔􀁈􀁅􀁒􀁗􀁉􀁓􀁒􀁾􀁓􀀺� �􀁾􀁾􀀠WAY LINE 􀀢􀁁􀀺􀁾􀀠. 􀁾7 A LEGAL OESCR!Pll0N OF EVEN SURVEY DATE HEREWITH --PROPOSED :z _ ;; _"'.> ACCOMPANIES THiS PLAT. GRAPHIC SCALE 1 INCH 60 FT. "-􀁾􀀭􀀭􀀭􀁾􀀮􀀢􀀮􀀠 DATE SUBMITTED: January 21,2004 FOR COUNCIL MEETING: January 27, 2004 Couucil Agenda Item SUMMARY: This item is for the consideration ofa resolution approving the purchase ofa 0.0790 acre tract of land for a temporary construction easement and approving the fee simple purchase ofa 0.1934 acre tract ofland fur permanent right-of-way, both tracts generally located at 4455 Belt Line Road, approving a contract ofsale for said purchases, and providing an effective date. FINANCIAL JMPACT: Budgeted Amount: N/A Cost: $60,868.65 Source ofFunds: Funds are available from Year 2002 General Obligation Bond Program, Project No, 83300. BACKGROUND: The right-of-way acquisition process is currently underway on the proposed Arapaho road, Phase ill project. Approximately 0.1934 acre ofpermanent right-of-way adjacent to the proposed extension ofArapaho Road (see attached Parcel 5 map) is required as part ofthe proposed roadway improvements. A 0.0790 acre temporary construction easement (see attached Parcel 5-TE map) is also necessary to complete the project. This parcel is a portion ofLots 4 & 5, Addison Restaurant Park, and is owned by Heritage Inn Number XlIIITharaldson Development. In January 2002, the firm ofEvaluation Associates performed an appraisal ofthe value ofthe proposed fee-simple taking. The appraisal ofthe 0.1934 acre ofright-of-way and 0.0790 acre oftemporary construction easement on this site resulted in a Total Compensation value of$60,868.65, This value represents a reduction in compensation that was originally submitted to Council, in the amount of$140,700.00, for consideration in June 2002. Public Works staff determined that a lesser amount ofright-of-way acquisition was actually necessary at this location, in order to complete project requirements. RECOMMENDATION: It is recommended that Council approve a resolution for the purchase ofa 0.0790 acre tract ofland for a temporary construction easement and approve the fee simple purchase of a 0.1934 acre tract ofland for permanent right-of-way, both tracts generally located at 4455 Belt Line Road, approve a contract ofsale for said purchases, and providing an effective date. TOWN OF ADDISON, TEXAS RESOLUTION NO. R ______ A RESOLUTON OF THE CITY COUNCIL OF THE TOWN OF ADDISON, TEXAS, APPROVING THE PURCHASE OF A TEMPORARY CONSTRUCTION EASEMENT IN A 0.0790 TRACT OF LAND AND APPROVING THE FEE SIMPLE PURCHASE OF A 0.1934 ACRE TRACT OF LAND FOR PERMANENT RIGHT-OF-WAY, BOTH TRACTS GENERALLY LOCATED AT 4455 BELT LINE ROAD; APPROVING A CONTRACT OF SALE FOR SAID PURCHASES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the proposed Arapaho Road Extension Project is currently underway, which includes right·of-way acquisitions; and WHEREAS, a tract ofland approximately 0.1934 acres in size (as described in Exhibit B to the Contract of Sale attached hereto and incorporated herein) is required for permanent right-of-way in connection with the proposed extension to Arapaho Road; and WHEREAS, a tract ofland approximately 0.0790 acres in size (as described in Exhibit C to the Contract of Sale attached hereto and incorporated herein) is required for the construction ofsaid right-of-way; and WHEREAS, the owner of said tracts has agreed to convey the necessary easement and property to the Town ofAddison for $60,868.65; and WHEREAS, the owner has executed a Contract of Sale regarding the conveyance of such easement and property for said amount subject to approval by the City Council, which agreement is attached hereto and incorporated herein; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE TOWN OF ADDISON, TEXAS: Section 1. That the City Council has determined that $60,868.65 is reasonable compensation for the fee simple tract and temporary construction easement described in Exhibits B and C of the Contract of Sale attached hereto and incorporated herein to be acquired and all damages to the property remaining, and does hereby authorize the acquisition of said property and easement for the construction and extension ofArapaho Road. Section 2. That the City Council does hereby approve the Contnict of Sale attached hereto regarding the purchase of the property and the easement described herein, and and hereby authorizes the City Manager to take such other and further action as may be necessary to acquire the property. Section 3. That the City Finance Director be and is hereby authorized to draw a check in favor of Heritage Inn Number XIII, Limited Partnership, or the current owner(s) of record, in the amount of$60,868.65. Section 4. That this Resolution shall take effect immediately from and after its passage. PASSED AND APPROVED by the City Council of the Town of Addison, Texas this 27th day ofJanuary, 2004. R. Scott Wheeler, Mayor ATTEST: Carmen Moran, City Secretary APROVED AS TO FORM: Ken C. Dippel, City Attorney CONTRACT OF SALE This Contract of Sale (this "Contract") is made and entered into by and between Heritage Inn Number XIII, Limited Partnership (the "Seller") and the Town of Addison, Texas (herein sometimes referred to as the "Buyer"). WIT N E SSE T H: WHEREAS, Seller is the sole owner of the real property located in the Town of Addison and described in Exhibit A attached hereto and incorporated herein (the Entire Tract); and WHEREAS, the Town of Addison intends to construct an extension of Arapaho Road through the Town (the Arapaho Road Phase III Extension), part of which will be located upon and across a portion of the Entire Tract (which portion is described in Exhibit B attached hereto and incorporated herein (and referred to herein as the Property»; and WHEREAS, during and in connection with the construction of the part of the Arapaho Road Phase III Extension which will be located upon and across the Property, the Town will need to use another portion of the Entire Tract (the Easement Area, described in Exhibit C attached hereto and incorporated herein) for temporary construction purposes (the Temporary Construction Easement); and WHEREAS, Buyer desires to acquire the Property for street right-of-way and other public purposes and to acquire the Temporary Construction Easement in connection with the construction of the Arapaho Road Phase III Extension, and Seller desires to sell and convey the Property and the Temporary Construction Easement to Buyer; and WHEREAS, Seller and Buyer desire to enter into this Contract setting forth the terms and conditions of such sale; NOW, THEREFORE, Seller and Buyer, in consideration of the mutual covenants and agreements herein contained, do mutually agree as follows: ARTICLE I Defined Terms 1.1 Definitions. As used herein, the following terms shall have the meanings indicated: "Closing" means the consummation of the purchase of the Property by Buyer from Seller in accordance with Article VII. "Closing Date" means the date specified in Section 7.1 on which the Closing is to be held. "Deed" means the Warranty Deed to be executed by Seller in favor of Buyer, the form of which is attached hereto as Exhibit D and incorporated herein. 1 "Easement Area" means the real property described in Exhibit C attached hereto and incorporated herein. "Effective Date" means the date on which Buyer and Seller have both fully executed this Contract. "Entire Tract" means the real property described in Exhibit A attached hereto and incorporated herein. "Permitted Exceptions" means, with respect to the Property, all validly existing and presently recorded public utility easements and building set back lines. "Property" means that certain tract of land described in Exhibit B, attached hereto and incorporated herein, together with any building or other structure or improvements, including, without limitation, fixtures, presently situated thereon, and together with all privileges, easements, and other rights appurtenant thereto. "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. "Remainder Tract" means the Entire Tract save and except the Property. "Temporary Construction Easement" means the Temporary Construction Easement on, across, in, over, under, and through the Easement Area as described in, and in the form attached hereto as, Exhibit E. "Title Company" means Republic Title of Texas, Inc., 2626 Howell Street, 10'" Floor, Dallas, Texas 75204. 1.2 Other Defined Terms. Certain other defined terms shall have the respective meanings 􀁾􀁳􀁳􀁩􀁧􀁮􀁥􀁤􀀠to them elsewhere in this Contract. ARTICLE II Al!reement of Purchase and Sale 2.1 Agreement. On the terms and conditions stated in this Contract, Seller hereby agrees to sell and convey the Property and the Temporary Construction Easement to Buyer, and Buyer, in consideration of the performance of the agreements of Seller contained in this Contract and in reliance on the representations and warranties of Seller contained in this Contract, hereby agrees to purchase the Property and the Temporary Construction Easement from Seller. ARTICLE III Purchase Price 3.1 Purchase Price. The Purchase Price to be paid by Buyer to Seller is $58,975.00 for the Property and $1,893.65 for the Temporary Construction Easement, for a total Purchase Price of $60,868.65. The Purchase Price is payable by Buyer in cash at Closing. 2 ARTICLE IV Representations, Warranties and Covenants 4.1 Seller's Representations and Warranties. Seller represents and warrants to Buyer as follows: (a) Seller has the full right, power, and authority to sell and convey the Property and the Temporary Construction Easement 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 authority that there are, to the best of Seller's information, knowledge, and belief, there does not exist, and Seller has not used or deposited (and to the best ofSeller'S knowledge no prior owner or current or prior tenant has used or deposited), any Hazardous Substances, as hereinafter defined, at, on, or under the Property or the Easement Area in violation of 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, all so-called Federal, State and Local "Superfund" and "Superlien" statutes, and all other statutes, laws, ordinances, codes, rules, regulations, orders and decrees regulating, relating to or imposing liability (including strict liability) or standards of conduct concerning any hazardous substances (collectively the "Hazardous Substance Laws").· For purposes of this Contract, the terms Hazardous Substances 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 or under any Hazardous Substance Laws. Hazardous Substances shall also include Radon gas and asbestos. (c) The Property and the Easement Area and all parts thereof are not now subject to any litigation, or other legal or administrative proceedings, and Seller has no knowledge of any facts that might result in any such litigation or proceedings. 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. 4.2 Buver's Representations and Warranties. Buyer has the full right, power, and authority to buy the Property and to acquire the Temporary Construction Easement as provided in this Contract and to carry out Buyer's obligations hereunder. ARTICLE V Title 5.1 Title Policv. At the Closing, Seller, at Buyer'S sole cost and expense, shan 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 $60,868.65, and insuring that the Buyer has indefeasible fee simple title to the Property. The Title Policy may contain 3 only the standard printed exceptions and the Pennitted Exceptions (except as otherwise provided in Paragraph 7.2 and other provisions hereof). ARTICLE VI Conditions to Buyer's Obligations 6.1 Conditions to Buyer's Oblieations. The obligations ofBuyer hereunder to consummate the transaction contemplated hereby are subject to the satisfaction, as of the Closing, of each of the following conditions (any ofwhich 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. (b) The Property and the Easement Area, or any part thereof, shall not have been and shall not be threatened to be affected in any way as a result oflitigation, any action by the United States or any other governmental authority, flood or act of God. ARTICLE VII Closing 7.1 Date and Place of Closing. The Closing shall take place in the offices of the Title Company. The Closing Date shall be thirty (30) days after the Effective Date. The Closing Date may be extended or accelerated by the mutual agreement ofthe parties. 7.2 Items to be Delivered at the Closing. (a) Seller. At the Closing, Seller shall deliver or cause to be delivered to Buyer the following items: (i) The Deed, duly executed and acknowledged by Seller, subject only to the Pennitted Exceptions; (ii) The Temporary Construction Easement, duly executed and acknowledged by Seller; (iii) An affidavit, in a fonn reasonably 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 perjury the Seller's United States identification number and that Seller is not a non-resident alien; 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) The Title Policy; 4 (v) Sufficient evidence that Seller has authority to sell the Property and to convey the Temporary Construction Easement and to execute all closing documents on behalf of Seller; and (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 or the Easement Area and that there are no unrecorded mechanic's or materialmen's liens upon the Property or the Easement Area, etc.). (b) Buver. At the Closing, Buyer shall deliver to Seller: (i) The Purchase Price; and (ii) Such other documents as the Title Company may request in order to close this Contract and issue the Title Policy. 7.3 Property Taxes. Seller shall assume the obligation to pay property taxes and assessments for the current year 2003 through the date ofclosing. 7.4 Possession. At Closing, Seller shall deliver possession of the Property to Buyer. Possession of the Easement Area by the Town of Addison shall be as set forth and in accordance with the Temporary Construction Easement. 7.5 Costs of Closin::. Buyer shall pay all recording fees attributable to the transfer of title to the Property and the conveyance of the Temporary Construction Easement and all of the closing or escrow fees of the Title Company. Each party shall pay its own attorneys' fees and expenses. ARTICLE VIII Post-Closing Obligations 8.1 Access. Buyer and Seller hereby agree that Seller shall have a single point of ingress and egress between the Remainder Tract and the completed Arapaho Road Phase III Extension (the Access) which shall be located at or about that location shown on the preliminary drawing of the associated improvements attached hereto as Exhibit F. Buyer shall provide all necessary engineering and construction improvements in connection with the access curb cut and the associated improvements; provided, however, that matters related to the Access, including, without limitation, the location of the Access and its dimension, may be adjusted, modified, or reconfigured in the sole discretion of the Town of Addison after notice to Seller. This provision shall not be interpreted to limit the authority of the Town with respect to the design or use of its streets. 5 ARTICLE IX Defaults and Remedies 9.1 Seller's Defaults; Buver's Remedies. In the event that Seller should fail to consummate the transaction contemplated herein for any reason, except Buyer's default, Buyer, as its sole and exclusive remedy, may either: (i) terminate this Contract by written notice delivered to Seller on or before the Closing Date, or (ii) enforce specific performance 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 Temporary Construction Easement 9.2 Buver's Default; Seller's Remedies. In the event that Buyer should fail to consununate 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 terminate this Contract by written notice delivered to Buyer on or before the Closing Date. ARTICLE X 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 delivered, upon the earlier to occur of (a) actual receipt, and (b) upon the deposit of the original in a regularly maintained receptacle for the United States mail, registered or certified, postage prepaid, addressed as follows: Seller: Mark Knutson Tharaldson Companies 1201 Page Drive Fargo, North Dakota 58103 Buver: The Town of Addison P.O. Box 9010 5300 Belt Line Road Addison, Texas 75001-9010 Attn: Carmen Moran With a copy to; Angela K. Washington Cowles & Thompson, P.C. 901 Main Street, Suite 4000 Dallas, Texas 75202 6 10.2 Governing 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. 10.3 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, the Temporary Construction Easement, and other matters set forth herein, and may be amended or supplemented only by an instrument in writing executed by the party against whom enforcement is sought. 10.4 Parties Bound. This Contract is binding upon and inures to the benefit of Seller and Buyer, and their respective heirs, personal representatives, successors, and assigns. 10.5 Further Acts. In addition to the acts and deeds recited in this Contract and contemplated to be performed, executed, andlor delivered by Seller to Buyer, Seller and Buyer agree to perform, execute, andlor deliver or cause to be performed, executed, andlor delivered at the Closing or after the Closing any and all further acts, deeds, and assurances as are reasonably necessary to consummate the transactions contemplated hereby. 10.6 Survival. Except as otherwise provided herein, all warranties, representations and agreements contained herein shall survive the Closing hereof. 10.7 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. 10.8 Assignment. Buyer shall have no power or right to assign this Contract without the prior written consent of Seller. 10.9 Maintenance ofthe Property. Between the Effective Date and the Closing, Seller shall: (a) Maintain the Property in good repair, reasonable wear and tear accepted, except that in the event of a fire 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 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 title retention document, other than the Permitted Exceptions for matters that will be released or bonded around, at or prior to Closing, and should any of the foregoing become attached hereafter 7 !),It!Ulne,uli I!Ilh7'1(, in any manner to any part of the Property without the prior written consent of Buyer, Seller shall cause the same to be promptly discharged and released; and (e) Not and shall use best efforts not to allow and permit the release of Hazardous Materials of any kind in, under, or above the improvements or into or onto the surface water, ground wateLExecuted: 0 or subsurface ofthe Property. ID.\{. ,2003 SELLER: Heritage Inn Number XIII, Limited Partnership eritage Inn, Inc., its General Partner By: Executedj.........-c-I L.. ,2003 BUYER: Town of Addison, Texas B;-+<--l,JW;: J Ron Whitehead, City Manager 8 O"":I!Ilw:nt <1 14161% EXHIBIT A PROPERTY DESCRIPTION BEING a ,raC! ofland si!llllied in the Ed'Jial"d Cook 􀁓􀁾􀁲􀁶􀁥􀁲􀀮􀀠A,bS\racl No. 326. DaI)1IS County. Tex... said tnlct being a plUl of the Addison Resuurallt ParK, III Addition in Ihe Cily pf Addison, Te.as 􀁡􀁾􀀠recorded in Yo.lume 88066, Page 4219. Map Records, Dalla/P.O.C o.R.D.C.l. D.R.D.C.T. • .' IROII ,.,.;U> eo. ---􀁾􀀽􀀭􀀭___ PROPoSED" AAAPMlO "OAl) _ -----=,' :::-,,=---" ",.. 12 f,;, (_, U "':::;, 1\ CZ0 t·> "",", 􀁾􀀮􀁾􀀮􀀠'._"'\ _. ___􀁾􀀢􀀢􀀬􀁾􀀮􀀬􀀬􀀢􀀧􀀺􀀧� �􀁾􀁈􀁾􀁾􀀢􀀧􀀺􀀢􀀧􀀻􀀻􀀻􀀧􀀢􀀠)\\.. ' 1..3 􀁬􀁾􀀢􀁾􀀢􀀢􀀢􀀢--.;",II • 􀁾􀁾􀁲􀁾􀀼􀀢􀁾N 89'SS·.;g-W -;lOS-DS' CM.lED 19.01 AC, 􀀧􀀻􀀬􀁾􀀠eTY OF DAllAS AUGUsT 5, 1958:';"':O-iLlOTEl 6 Of'ERAlING I..P. VOL. 4942. PG, 629CAU.£D U8a ACRES LOT 5 P.R,D.C.T.HERITAGe: INN NUMBER XIii."---FEBUARY 1. 1990 lOTS " &; 5, UMITED PARTNfRSHlP lOT 1\oIJL 90024. PG. ong LOT 4 BLOCK 1. CM.lED ,,1525 ACRES BLOCK AD.R.O,C.T. ADD!SON RESTAURANT PARK VOL. 97018. PG. 00073 BELTWOOD RESERVOIR I AUGUST 2. 1989VOL. gn09. PG. 01069 D.R.D.C. T. D.R·lc.T.ROOe:WAY INN VOL 90012, PC. 318SJANUARY 16, 1981 I D,R.O.C,T.VOL 81052, PG. 0775 D.R.O,C,T, PARCEL 5-'lE A PLAT OF A NOlES! ....,<."'". 0.0790 ACRE (3.443 SQ. FT.) ALL EASEMENTS SHOWN ARE TAKEN FROM THE PLATS INOICATED ,'.i,i·, 􀁾.• 'I' i-􀀧􀀻􀀧􀁾􀁦􀀡􀀾􀀠TRACT OF LAND HEREON. THE SURVEYOR DID NOT ABSTRACT THE SUBJECT 􀀮􀀢􀀢􀁾􀁜􀀢􀀢􀀢􀁆􀀮􀀼􀀺􀁩􀀢􀀧􀀢􀀠IN THE EDWARD COOK SURVEY PROPERTY 50. AU EASEMENTS MAY NOT ae: SHOWR ':L, "t., 􀀬􀀬􀁜􀁾􀀮􀀠􀀭􀁾􀁾􀀠􀂷􀁦􀀬􀁊􀁾􀀮􀀠ABS TRACT NO. 326 "', , 1/, TOWN OF ADDISON ALL ae:ARING5 ARE REFERENCED TO THE NORTH RIGHT Of WAY I 􀀬􀁾􀀧􀀺􀀨􀁉􀁮􀀠n. !:;J\/:HlllI i:; DALLAS COUNTY TEXAS UNE Of CSNruRJON WAY, CAU.ED S 89'51'55" E. ACCORDING TO l!> Of-NOlES A FOUND POINT AS INOICA1ED .,t" 􀀧􀁾􀀢􀁊􀀧􀀠..} fA • THE fiNAL PLAT Of LOT 3, SURVEYOR ADDITION. RECORDED IN Oe:NOT(S A 5/S" IRON ROD SET UNLESS ",')1" 􀁾􀀧􀁬􀀮􀀯􀀠􀀮􀁉􀁏􀁦􀁾􀂷􀁾􀁪􀀠,!t\p 60 0.30 60 120 VOl, 77173. PAGE 135, D.R.D,C.T. OTHe:RWISe: NOTED ',," '. . ",' 􀁾􀀮􀁪􀀠'/---PROPOSED RIGHT OF WAY UNE 􀀮􀁲􀀼􀁌􀀮􀁟􀀾􀁩􀁾􀁾􀀢􀀮􀀠􀁟􀀭___ __I;\'")zo..._ 􀁾...,jA LEGAL DE5CRIPll0N OF EVEN SURVEY DATE He:Re:WITH ACCOMPANIE S THIS PLAT. 􀁾􀀬􀀻􀀬􀀠_ '-07 GRAPHIC SCALE "'" .:> 1 INCH = 60 FT. EXHIBITD After Recordine: Return To: Angela K. Washington STATE OF TEXAS § Cowles & Thompson, P.e. § 901 Main Street, Suite 4000 COUNTY OF DALLAS § Dallas, Texas 75202 RIGHT-OF-WAY DEED DATE: _______----',2003 GRANTOR: HERITAGE INN NUMBER XIII, LIMITED PARTNERSHIP 1201 Page Drive Fargo, ND 58103 GRANTEE: TOWN OF ADDISON, TEXAS 5300 Belt Line Road Addison, TX 75001 (Dallas County, Texas) CONSIDERATION: Fifty Eight Thousand Nine Hundred Seventy Five DOLLARS AND No/IOO ($58,975.00), in hand paid by Grantee, the receipt and sufficiency of which is acknowledged by Grantor. PROPERTY (INCLUDING ANY IMPROVEMENTS): A tract of land, herein referred to as Parcel 5, containing approximately 8,425 square feet of land, and more particularly described in Exhibit A (Parcel 5 Field Note Description), and depicted on Exhibit B (Parcel 5 Survey Depiction), which are attached hereto and incorporated herein by reference. CONVEYANCE: For the consideration described above, Grantor hereby grants, sells, and conveys to Grantee the Property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and to hold it to Grantee, Grantee's heirs, executors, administrators, successors, and assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, successors, and assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and forever defend all and singular the Property to Grantee and Grantee's heirs, executors, administrators, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof MISCELLANEOUS: (a) Nothing in this instrument shall be construed as a waiver by Grantee of any utility connection charge or other charges imposed by ordinance or Charter of the Town of Addison, WARRANTY DEED (li()"ritOlgc Inn Numt>cr XrJI) -P;tgc l EXHIBITD (b) The Property hereby conveyed may be used as a public right-of-way for the passage of vehicular and pedestrian traffic, including (without limitation) streets, roads, sidewalks, utilities, drainage, and other customary uses of public right-or-way. Improvements may be on such grade and according to such plans and specifications as will, in the opinion of Grantee, best serve the public purpose. (c) The consideration described above shall be deemed full compensation for the conveyance of the Property, and for any diminution in value that may result to the remaining property of Grantor by virtue ofGrantee's use of the Property. (d) When tbe context requires it, singular nouns and pronouns include the plural. EXECUTED effective as of the day first written above. Heritage Inn Number XIII, Limited Partnership By: Midw t Heritage Inn, Inc., its General Partner STATE OF NORTH DAKOTA § § COUNTYOFCASS § BeL e Me, the undersigned notary public in and for said county and state, on this 􀁾􀀠day of \J , 2003, personally appeared Gary Tharaldson, President of Midwest He tage Inn, Inc., known to me to be the identical person who executed the within and foregoing document, and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or entity upon behalf of which he acted, executed the instrument, for the uses and purposes therein set forth. () OlAltA Notary P ie, State ofNorth Dakota Print Name: Lon' It:.« re)tJSIi f' My Commission Expires: lVov.1I, lIft; [SEAL] WAlUtANTY DF-ED (Ilcrituj.!,c 11111 Number XIII) -I'DgC 2 EXHIBITE TEMPORARY CONSTRUCTION EASEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF DALLAS § THAT HERITAGE INN NUMBER XIII, LIMITED PARTNERSHIP, a North Dakota Partnership, hereinafter called GRANTOR, for and in consideration of the sum of One Thousand Eight Hundred Ninety Three DOLLARS AND 651100 ($1,893.65) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does by these presents grant, sell and convey to the Town of Addison, hereinafter called GRANTEE of the County of Dallas and State of Texas, a temporary easement and right of passage in, on, over, across, along, under and through a portion (the "Easement Area") of GRANTOR'S property, which easement and right of passage is shown and depicted on Exhibit B, attached to and incorporated herein, for the purpose of constructing a roadway to be known as Arapaho Road. The Easement Area is described as follows: See attached Exhibit A (Field Note Description for Parcel 5-TE), which is made a part ofthis easement as if fully copied herein. This temporary construction easement shall only be used by GRANTEE and its contractors in connection with the construction of a public right-of-way adjacent to the Easement Area. GRANTEE shall restore the Easement Area to the condition that existed before the construction of the roadway. This temporary easement shall terminate 24 months from the date of the Notice to Proceed with construction under the construction contract for the roadway adjacent to the Easement Area, or upon completion of the construction of the portion of the roadway adjacent to the Easement Area, whichever is earlier. TO HAVE AND TO HOLD unto the Town of Addison, Texas as aforesaid, for the purposes and on the conditions set forth hereinabove, the easement and Easement Area described above. Grantor binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and defend all and singular the Easement Area to Grantee for the duration and purposes set out herein against every person whomsoever lawfully claiming or to claim the same or any part thereof. EXECUTED this ---?)L6-'fb_-_ day 􀁏􀁦􀀭􀀢􀁾􀀪􀀢􀀢􀁊􀀽􀀭􀁊____" 2003. GRANTOR Heritage I Number XIII, Limited Partnership est Heritage Inn, Inc., its General Partner TEMPORARY CONSTRUCTION EASEMENT PARCELS-TE OocIImenlli; 1016916 EXHIBITE § § \ i'It. BEFORE ME, the undersigned notary public in and for aid coun and 􀁳􀁴􀁡􀁾􀁥􀀬􀀠on this :-J.LL=-day of,JLi!\.II ' , 2003, personally appeared "teL d&vJ , mown to me to be the identical person who executed the wit' d oregoing document, and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or entity upon behalf of which he acted, executed the instrument, for the uses and purposes therein set forth. GIVEN UNDER my hand and seal ofoffice the day and year last above written. 􀁎􀁯􀁾􀁾􀁍􀀱􀀹􀀠Print Name: .!.me; .t:& (lYcMr MY CZSSION EXPIRES: o .21, 1Cdp I [SEAL] TEMPORARY CONSTRUCTION EASEMENT PARCEL5-TE [)Qc:umC'l1! N: 101697(1 , \ \ , \ , \ \ \ -' ....-. , .... ,,, , \ , , . \ " \ \ 􀀡􀁾􀀮􀀠.. .:.-. i \[5 "'." J'􀁾􀀮􀀭􀀽􀀭􀀭􀀭...-;: -...:::::::::: --.􀀮􀀮􀀮􀀮􀀮􀀮􀁾􀁹􀀠IIQoo '''''''' 􀁾􀀢􀀢􀀧􀀢􀀭􀁉􀀢􀀢􀁳􀀢􀀢􀁾􀀠1 -.--,.::--==ri!' i"l;:;' ;.::=􀁾􀀠--c= 0'" ...,, 'OJ'" 􀁾􀀠\'I 1 \ _'I .: I . I! \ \ \ \ i \ \ \ \--\ \ J!$d COWLES &THOMPSON 􀁾􀁾􀀠A Professional Corporation 1978-2003 ATTORNEYS AND COUNSELORS ANGELA K. WASHINGTON 214.&12.2144 AWASHINGTON@CQWLESTHOMPSON.COM November 26, 2003 VIA FACSIMILE (114) 855-8848 AND REGULAR MAIL Ms. Patricia A Sherman Bruce, Esq. Vice President Republic Title ofTexas, Inc. 2626 Howell Street, 10th Floor Dallas, TX 75204-4064 RE: ParcelS (Heritage Inn No. XIII), Arapaho Extension of Road Project Your File No. GF 02R14033SJ7 Dear Patricia: I have reviewed the draft Purchaser's Statement for the above-referenced transaction and everything appears in order. Please finalize the statement and provide me with a closing date, and I will request funding from the Town of Addison. Please note that our offices are closed tomorrow and Friday, November 27 and November 28, 2003 for the Thanksgiving holidays. Thank you for your attention to this matter. Ifyou need anything further, please give me a call. Sincerely, 􀀨􀁾􀀫􀁊􀁬􀁮􀀡􀁾 Angela K. Washington AKW/yjr c: Mr. Steve Chutchian Mr. Ken C. Dippel 901 MAtN STREET SUITE 4000 DALLAS, TEXAS 􀀷􀀵􀁚􀀰􀀲􀀮􀀳􀀷􀁾􀀳􀀠o ALL A S T Y L E R TEL 214.672.2000 FAX 214.672.2020 WWW.COWLESTHt)MPSON.COMDoo:umcnt 11: 108220& Steve Chutchian From: Washington, Angela [awashington@cowlesthompson.com] Sent: Saturday, June 28, 20032:05 PM To: Mike Murphy; Steve Chutchian Cc: DIPPEL, KEN Subject: Parcel 5, Heritage Inn No. XII FYI -The title company expects to have the updated title work and tax certificate by Monday, July 7, 2003, They have scheduled closing for Friday, July 11, 2003. We should receive drafts of the settlement statement and closing documents on Tuesday, July a, 2003. 1 ..!sd COWLES &THOMPSON A Professional Corporation􀁾=;y 1978·2003 ATTORNEYS ANa COUNSELORS ANGElA K. WASHINGTON 214.672.2144 AWASHINGTON@COWLESTIIOMPSON.COM June 13,2003 Ms. Patricia A. Sherman Bruce, Esq, Vice President Republic Title of Texas, Inc. 2626 Howell Street, 10th Floor Dallas, TX 75204·4064 RE: ParcelS (Heritage Inn No. XIII), Arapaho Extension orRoad Project Your File No. 02R14033/SJ6 Dear Patricia: Enclosed is a copy of the fully executed Contract of Sale for the above-referenced property. Also enclosed are the originals of the Right·of-Way Deed and the Temporary Construction Easement. Please update the Title Commitment and take the necessary steps to close this transaction. You wili also find enclosed an executed Deletion of Arbitration Provision form for purposes of the insurance policy. Ifyou have any questions or need anything further at this time. please give me a calL Sincerely, 􀁾􀀯􀀨􀁲􀁩􀀡􀁾􀀠 Angela K. Washington AKW/yjr Enclosures c(w/Enciosures): Ms. Lori Kasowski clo Mr. Gary Tharaldson Mr. Steve Chutchian (w/o Enclosures): Mr. Ron Whitehead Mr. Mike Murphy Mr. Ken C. Dippel 901 MATN STREET SUITE 4000 OALl.AS, TEXAS 15202·3193 a ALL A S T Y L E R TEL 214.072.2000 FAX 214.072.2020 D....cumcn( II IOSbJ1S Www,COWlE5THaMPSON.CGM TEMPORARY CONSTRUCTION EASEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF DALLAS § THAT HERITAGE INN NUMBER XIII, LIMITED PARTNERSHIP, a North Dakota Partnership, hereinafter called GRANTOR, for and in consideration of the sum of One Thousand Eight Hundred Ninety Three DOLLARS AND 651100 ($1,893.65) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does by these presents grant, sell and convey to the Town of Addison, hereinafter called GRANTEE of the County of Dallas and State of Texas, a temporary easement and right of passage in, on, over, across, along, under and through a portion (the "Easement Arean) of GRANTOR'S property, which easement and right of passage is shown and depicted on Exhibit B, attached to and incorporated herein, for the purpose of constructing a roadway to be known as Arapaho Road. The Easement Area is described as follows: See attached Exhibit A (Field Note Description for Parcel 5-TE), which is made a part ofthis easement as if fully copied herein. This temporary construction easement shall only be used by GRANTEE and its contractors in connection with the construction of a public right-of-way adjacent to the Easement Area. GRANTEE shall restore the Easement Area to the condition that existed before the construction ofthe roadway. This temporary easement shall terminate 24 months from the date of the Notice to Proceed with construction under the construction contract for the roadway adj acent to the Easement Area, or upon completion ofthe construction of the portion of the roadway adjacent to the Easement Area, whichever is earlier. TO HAVE AND TO HOLD unto the Town of Addison, Texas as aforesaid, for the purposes and on the conditions set forth hereinabove, the easement and Easement Area described above. Grantor binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and defend all and singular the Easement Area to Grantee for the duration and purposes set out herein against every person whomsoever lawfully claiming or to claim the same or any part thereof. EXECUTED this 􀁾day 􀁏􀁦􀁟􀀮􀀮􀀺􀁾􀀪􀀢􀀬􀀡􀀮􀀺􀁳􀀮____' 2003. GRANTOR Heritage Inn umber XIII, Limited Partnership Heritage Inn, Inc., its General Partner TEMPORARY CONSTRUCTION EASEMENT PARCELS-TE Do!;ummllf IOIb916 STATE OF hlOllh Datlh< § COUNTY OF Ca y> § I i1-h BEFORE􀁾􀀧the undersigned notary public in and for said county d state, on this ,a day of 􀀧􀁾􀀠,2003, personally appeared \1.,' , known to me to bheidentical person who executed the wit d foregoing document, and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or entity upon behalf of which he acted, executed the instrument, for the uses and purposes therein set forth. GIVEN UNDER my hand and seal ofoffice the day and year last above written. 􀁎􀀬􀀬􀁾􀁾􀁍􀁫􀁑􀁪􀁊􀁦􀁀Print Name: Intt !(J(<;Owskl MY COMMISSION EXPIRES: No!) Z{, ZWJ\\ABLE 􀁒􀀮􀁏􀀮􀁾􀂷􀀩􀀠.. ... 􀁏􀀮􀁦􀀧􀀮􀂷􀀢􀀧􀂷􀁾􀀠􀁾􀀠CURVE TABLE + d CURVE DELTA RADIUS LENGlH CHORD 􀁾􀁾􀀧􀀱􀀭􀀭􀀬􀁾􀁾􀀮􀀽"C1" 􀀱􀁾􀀠1182.92' -102.75' S8O'15'57·. -M)O.81 􀁾􀁣􀁾􀁾􀀠􀀱􀁾􀁾􀂷� �􀀱􀂷􀀠1177.92' 382.22 N80'4J'2B"E -380.55 􀀭􀁾􀀭􀀭􀀮..􀁾􀀮,.. " (24' ROW) .(50' ••D.W.) 􀁾􀀠􀁾􀁉􀁉􀁉􀀧􀁉􀁜􀁉􀀧􀁉􀁏􀀠\l.O/>.D fND. '/11' f..P.li; 􀀮􀁾􀀠.. , VOl. 97209' 􀁐􀁇􀁾DID&\) VOl... 86065. 􀁐􀁇􀁾4219 -. U; P.O.B.􀁾􀀠􀁄􀁾􀁒􀀮􀁄􀀮􀁃􀀺􀁩􀀮􀀠􀁄􀁾􀁒􀁾􀁄􀀮􀁃􀀮􀁔􀀬􀀠::i 􀁾􀀬􀀮􀁾􀀬􀀠_ _ _ _ _ _____ _ _ .' 􀁾􀁉􀀩..____ (;l 􀁾􀀠l2 􀁾􀀼􀀧􀀢􀀠􀀭􀁳􀁭􀀸􀀧􀁾􀀧􀁅􀀺􀀭􀀻􀀸􀀻􀀺􀀭􀀻􀀻􀁬􀁲􀀠- --PROPOSED 􀁾􀁉􀁉􀁉􀀧􀁾􀁏􀀠􀁾􀁣􀀬􀀠• 􀁾􀀨􀁾􀀽􀀭􀀭􀀮􀀩0C'2,0 􀁾􀁾􀀧􀀢􀀠1.3 􀁾􀀬􀀠• -..,..... L-' 􀀭􀁾􀀮􀀭􀀭􀀧􀀭􀀭􀀭􀀭􀀭􀀢􀀧􀀼􀁾􀁗􀀢􀀼􀀢􀀠I 􀁬􀁾􀀧􀀧􀀧􀀧􀀧􀁟9 ...849 W _ 305.05' 􀁾__ -" _ 􀁟􀁾􀁾􀀮􀀮􀀭􀀧􀀾􀀭􀀭􀀢􀀢􀀢􀀢􀀢􀁏􀀧􀁜N B CAll£D 19.Q1 M::. I I 􀀢􀀺􀀧􀁾􀀮􀀭.. CITY Of OAllAS . . 􀁾􀀬􀀻􀀺􀀠... 􀁾􀀠,1 _ AUGUST 5, 1956t.lOlEL 6 OPERAl1NG LP. VOL 4942, PG. 629CAllED 4.9814 ACRES LOT 5 O.R.D.C.T.HERITAGE INti NUt.lBER XIII,FEBUARY I, 1990 LOTS ... &: 5, Ut.lllEO PARTNERSHiP LOT 1..u. 90024, PIl. 0779 LOT ,. BLOC!: 1. CAllED 4.1525 ACRES BLOCK A􀁏􀁾􀁒􀀮􀁏􀀮􀁃􀀮􀁔� �􀀠ADDISON RESTAURANT PARK VOL 97018, PI). 00073 SELlWOOD RESERVOIRVOL 97209. PG. 01 069 I AUGUST 2, 1989D.R.D.C, T. O.Rlc.T. VolL. 90012, PO. JlS6ROOEWAY JNN JANUARY 16, 1981 D,R.D.C.T.VOL 81052. PC. 0775 O.R.O.C.T. PARCEL 5-TE A PLAT OF A NOlES: .,,'.. 􀀢􀀧􀁾􀀧􀀠0.0790 ACRE (3,443 SQ. FT.)􀀮􀁾􀁾􀀮􀀢􀀠.', 􀁾􀀠CT OF LAND􀁾􀀺􀁾􀀮􀀺􀀮􀁾􀀮􀀠nl 􀁲􀁜􀁾􀀺􀁥􀀬􀀧􀀠IRAALL EASEMENTS SHOWN ARE TAKEN FROM THE PLATS INDICATEO HEREON. "OiE SURVEYOR DID NOT ABSlRACT THE SlJBJECT 􀁬􀀬􀀬􀁾􀀮􀁜􀀮􀀬􀀬􀀻􀀧􀂷􀁜􀀧􀁲􀀮􀀬􀀮􀁽􀀧􀁉􀁾􀁩􀁜􀀠IN THE EDWARD COOK SURVEY PROPERTY SO All. EASEMENTS MAY Nor BE SHOWN. 􀀮􀀺􀁜􀁾􀁾􀁾􀁾􀀠" ., .'" ,,;i\ ABSTRACT NO. 326 .."," TOWN OF ADDISONAlL. BEARINGS ARE REFERENCED TO THE NORTH RIGHT OF WAY ',(I .W"r, 􀁦􀀡􀁾􀀠SMrl'llll I.,) DALLAS COUNTY, TEXAS LINE OF CENTURION WAY, CALLED S 89'5"55" E, ACCORDING TO DENOTES A FOUND POiNT AS INDICATED .>./.') "j' -1 􀀨􀁾􀀮TI-lE FlNAL PLAT Of LOT J. SURVE YOR AODITION, RECORDED IN DENOTES A 5/8-IRON ROD SET UNLESS 􀁜􀁾􀁲􀀧􀀾􀁉􀀠􀀧􀀺􀀻􀁨􀁾􀀢􀀺􀀠lO(]"t)ttf 60 0 30 60 120 VOL. 77173. PAGE 135, D.R-D.C. T. OTHERWISE NOTED 􀀢􀀬􀀧􀁾􀁩􀀧􀀠."," 􀀮􀁾􀀬􀁾􀀠Y' 􀁾􀀠...I " ! ---PROPOSED RIGHT OF WAY UNE 􀁾􀁡􀁾􀁉􀁉􀁾􀁾􀁃􀁌􀀮􀁾􀀭A LEGAL DESCRIPTION OF EVEN SURVEY DATE HEREW1TH ACCOMPANIES n-US PLAT. ,;z lS-bJ 1 INCH 􀁾􀀠80 FT. POLICY NO. DELETION OF ARBITRATION PROVISION (Not applicable to the Texas Residential Owner Policy) ARBITRATION is a common form of alternative dispute resolution. It can be a quicker and cheaper means to settle a dispute with your Title Insurance Company. However. if you agree to arbitrate, you give up your right to take the Title Company to court and your rights to discovery of evidence may be iimited in the arbitration process. In addition. you cannot usually appeal an arbitrator's award. Your policy contains an arbitration provision (shown below). It allows you or the Company to require arbitration jf the amount of insurance is $1,000,000 or less. If you want to retain your right to sue the Company in case of dispute o\'er a claim, you must request deletion of the arbitration provision before the policy is issued. You can do this by signing this form and returning it to the Company at or before the closing of your real estate transaction or by writing to the Company. The Arbitration provision in the PoHcy is as follows: "Unless prohibited by applicable Iaw or unless this arbitration section is deleted by specific provision in Schedule B of thts policy, either the Company or the Insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the Amerlcan Arbitration Association. Arbitrable maUers may include. but are not limited la, f'T, V",07'1CJ .4<) -...,. if I) 1) '13 .2-1 COWLES &THOMPSON A PrOfessional Corporation ATTORNEYS AND COUNSELORS ANGELA K. WASHINGTON 214,612..2144 AWASHINGTON@COWI..ESTHOMPSON.COM May 29, 2003 Mr. Mark Knutson Tharaldson Companies 1201 Page Drive Fargo, ND 58103 RE: Addison Restaurant Park -Lots 4 and 5 Dear Mark: As we discussed, the Town of Addison has discovered that it owns a portion of the property for which we previously negotiated. Enclosed you will find a replacement Contract of Sale, Rightof-Way Deed, and Temporary Construction Easement reflecting adjustments to the amount of property involved with appropriate reductions in purchase price for execution by the appropriate party. Please let me know if you have any questions or concerns. Thank you for your attention to this matter. Sincerely, 'C/-t'-lL V ) 7 􀀻􀀻􀁊􀀭􀁾􀀠Angela K. Washington AKW/yjr Enclosures c(w/o Enclosures): Mr. Mike Murphy, w/Town ofAddison Mr. Steve Chutchian, wlTown of Addison Mr. Ken C. Dippel, w/firm 9Ctl MAIN STlU,£T SUITE 4000 DALLAS, TEXAS 15202-3793 o ALL A S T Y L L E R TEL 2:14.612.2000 FAX 214.672.2020 Document /1-10$4162 WWW.COWLESTH(}M P S OfL COM STEVEN Z. CHUTCIDAN, P.E. Assistant Cily Engineer . (972) 450-2886 (972) 450-2837 FAX (214) 673-2518 Mobile schutchial1@cuddison.tx.us E-mail Town of Addison 16801 Westgrove Dr. P.O. Box 9010, Addison, Texas 75001·9010 /􀀿􀁾􀁾􀁾􀀠{' /.J--( /l-((.Ie -BAck rf}! s 􀁦􀁩􀁦􀁾􀀯􀀧􀀭􀀯􀁯􀁏􀁁􀀮􀀮􀀯􀂷􀀠D/\/pit /you 􀁾􀁶􀁲􀀠 .gsd COWLES &THOMPSON ~7 ~7 A Professional Corporation 1978-2003 ATTORNEYS AND COUNSELORS -------------------------_......ANGELA K. WASHINGTON 214.112.2144 AWASHlNGTON@COWlESTHOMPSON.COM February 5, 2003 Mr. Mark Knutson Tharaldson Companies 1201 Page Drive Fargo, ND 58103 RE: ParcelS, Arapabo Road Project Dear Mark: I have received and reviewed the executed Right-of-Way Deed and Temporary Construction Easement for the above-referenced property. I am forwarding to you another original of the Temporary Construction Easement to be executed and sent back to me at your earliest convenience. As you will note, the Temporary Construction Easement that I received, which I am returning to you with this letter, shows the execution date to be December 13, 2003 and the notary states that it was executed on January 13, 2003. It is necessary to correct this before we can move forward. Thank you for your attention to this matter. Sincerely, 􀁾 Ie. Y'(:/Z.<-----..-J􀀭􀁾􀀠Angela K. Washington AKW/yjr Enclosures c(w/o Enclosures): Mr. Steve Chutchian, wlTown of Addison Mr. Ken C. Dippel, w/firrn qDl MAIN STREET SUJr£ 4000 DALLAS 􀁾􀀮􀀠rEl214.072.2000 FAX 214.672.2020o ALL A S T Y L E R WWW.COWL£STHOMPSON.COMo.xumcnU 1018$11 2.5d COWLES &THOMPSON 􀁾􀀢􀀷􀀠A Professional Corporation: 1978-2003 ATTORNEYS ANO COUNSELORS ANGELA K. WASHINGTQH 214.672.2144 AWASH1NGTON@COWt..ESTHOMPSON'.COM January 10,2003 Mr_ Mark Knutson Tharaldson Companies 1201 Page Drive Fargo, ND 58103 RE: Addison Restaurant Park -Lots 4 and 5 Dear Mr. Knutson: Pursuant to our discussion earlier today, enclosed is an amended Right-of-Way Deed and an Amended Temporary Construction Easement, each reflecting the purchase price as listed in the Contract of Sale. I look forward to receiving the executed documents and to finalizing this transaction. Sincerely, 􀁾􀁊􀁲􀁌Y. JYjJ----/Angela K. Washington AKW/yjr Enclosures c(w/o Enclosures): Mr. Steve Chutchian, w/Town of Addison Mr. Ken C. Dippel, w/firm 901 t/-AIN STREET SU1TE 4000 DALLAS. TEX.AS 152J2 JJ13 o ALL A S T Y L E R TEL 214.612.2000 FAX 214 672.2:020 Do.::umml" t01$278 www.cowtE5THOMPSON.CGM COWLES &THOMPSON A Prof!!"ssional Corporalion ATTORNEYS ANO COUNSELORS ANGELA K. WASHINGTON 214.672.214« AWASHINGTON@COWLESTHOMPSON.COM January 6, 2003 Mr. Mark Knutson Tharaldson Companies 120 I Page Drive Fargo, ND 58103 RE: Addison Restaurant Park -Lots 4 and 5 Dear Mr. Knutson: As we discussed, enclosed is a corrected Right-of-Way Deed for the above-referenced property. This corrected instrument reflects the purchase price agreed upon in the contract of sale executed by Gary Tharaldson on December 9,2002 and by the Town of Addison on December 17,2002. Please have Mr. Tharaldson execute this document and return it to me at your earliest convenience. I will then forward it to the title company so that we can complete this transaction. Thank you for your assistance in this matter. Sincerely, 􀁾􀀺􀁾􀁾􀁲􀁽􀀧􀀯􀁾􀀠AKW/yjr Enclosure c(w/o Enclosure): Mr. Steve Chutchian, wiTown ofAddison Mr. Ken C. Dippel, w/firrn 901 \1AIIli STREET SUjTt: 400G DALLAS, TEXAS o ALL A S T Y l E R TEL 214.672 2000 F'AX 214.072.2020 WWW.COWLESTHOMP$ON.COM COWLES &THOMPSON A Professional Corporation ATTORNEYS AND COUNSELORS ANGEt.A K, WASHINGTON 214.612.2144 AWAStiJNGTON@COWLESTtiOMPSON,COM December 30, 2002 Ms. Janine Barber Republic Title Company 2626 Howell Street, 10th Floor Dallas, Texas 75204 RE: Your File No. 02R14033/SJ6 Heritage Inn No. 13 to Town ofAddison Parcel 5, Arapaho Road Project Dear Janine: Enclosed are copies ofthe following documents: 1. Executed Temporary Construction Easement for Parcel 5 TE; and 2. Executed Right-of-Way Deed for Parcel 5. As you will recall, I forwarded a copy of the executed Contract of Sale to you on December 18, 2002. Please take the necessary steps to close this transaction. If you have any questions or need anything further, please give me a call. Sincerely, Angela K. Washington AKW/yjr Enclosures c: Mr. Mike Murphy (w/Enclosures) Mr. Steve Chutchian (w/Enclosures) Mr. Ken Dippel, w/firm (w/o Enclosures) q,Ol MAIN STREET SU!TE 4000 OALLAS. TEXAS 􀀻􀁾􀀲􀀱􀁽􀀲􀀠;,'Ql o ALL A S T Y L E R www.COWLESTHOMPSQN COM tOlP1(After Recording Return 􀁾􀀠STATE OF TEXAS COUNTY OF DALLAS § § § Angela K. Washington Cowles & Thompson, P.C. 901 Main Street. Suite 4000 Dallas, Texas 75202 RIGHT-OF-WAY DEED DATE: 􀁾􀀭􀀽􀀭􀀢􀀭􀀬􀁥􀁣􀀢􀀢􀁾􀀽􀀢􀀢􀁉􀀰􀀢􀀢􀁥􀀼􀀢􀀬􀀭􀀭􀀢􀀬􀀬􀁬......3___,, 2002 GRANTOR: HERITAGE INN NUMBER XIII, LIMITED PARTNERSHIP ,10 I ?a..,e LxIJL GRANTEE: TOWN OF ADDISON, TEXAS 5300 Belt Line Road Addison, TX 75001 (Dallas County, Texas) CONSIDERATION: One Hundred Seventy-Eight Thousand Five Hundred Forty-Two DOLLARS AND No/lOO ($178,542.00), in hand paid by Grantee, the receipt and sufficiency of which is acknowledged by Grantor. PROPERTY (INCLUDING ANY IMPROVEMENTS): A tract of land, herein referred to as Parcel 5, containing approximately 25,228 square feet of land, and more particularly described in Exhibit A (Parcel 5 Field Note Description), and depicted on Exhibit B (Parcel 5 Survey Depiction), which are attached hereto and incorporated herein by reference. CONVEY ANCE: For the consideration described above, Grantor hereby grants, sells, and conveys to Grantee the Property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and to hold it to Grantee, Grantee's heirs, executors, administrators, successors, and assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, successors, and assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and forever defend all and singular the Property to Grantee and Grantee's heirs, executors, administrators, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof. MISCELLANEOUS: (a) Nothing in this instrument shall be construed as a waiver by Grantee of any utility connection charge or other charges imposed by ordinance or Charter of the Town of Addison. WARRANTY DEED (Heritage Inn Number XIII) -Page I (b) The Property hereby conveyed may be used as a public right-of-way for the passage of vehicular and pedestrian traffic, including (without limitation) streets, roads, sidewalks, utilitiesr drainage, and other customary uses of public right-or-way. Improvements may be on such grade and according to such plans and specifications as will, in the opinion of Grantee, best serve the public purpose. (c) The consideration described above shall be deemed full compensation for the conveyance of the Property, and for any diminution in value that may result to the remaining property of Grantor by virtue of Grantee's use of the Property. (d) When the context requires it, singular nouns and pronouns include the plural. EXECUTED effective as of the day first written above. Heritage Inn Number XIII, Limited Partnership By: 􀁍􀁾􀁴􀁈􀁥􀁲􀁩􀁴􀁡􀁧􀁾Inc., its General Partner By: 􀀯􀀲􀁲􀀢􀁤􀀮􀁾􀀠/;;g􀁡􀀯􀁻􀀮􀀭􀁲􀀭􀀭􀁨􀁾Pnnt ame: I ha..n " · N 􀁾􀀠􀁾􀀠Print Title: y;7/􀁾􀀺􀁾􀀺􀁴􀁩􀁾􀀠STATE OF NoQ1!-\ 1:)&>101 A § § 􀁃􀁏􀁕􀁎􀁔􀁙􀁙􀁏􀁆􀁾􀁃􀁾􀁁􀁾􀁓􀁾􀀩􀁾_____ § Before Me, the undersigned notary public in and for said county and state, on this 23'& day of J:>u""",ba ,2002, personally appeared 􀀶􀁾Th:..r4.I&>o<' --, 􀀳􀀱􀁾􀀬􀁾􀁩􀀧􀀠of Midwest Heritage Inn, Inc., kn; to me to be the identical person who executed the within and foregoing document, and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or entity upon behalf of which he acted, executed the instrument, or the uses and purposes therein set forth. Notary Public, State 􀁏􀁦􀀢􀀢􀁍􀁾􀁾􀁌􀀺􀁊􀀽􀀽􀀮􀀮􀀽􀀺􀀺􀀺􀀺􀀺􀀮􀁾􀀴􀀢􀀧􀀬􀀡􀀻􀀢􀀢􀀭􀁟􀀠􀁐􀁮􀁮􀁴􀁎􀁡􀁭􀁥� �􀁾􀁎􀁘􀁾􀂥􀁾􀁋􀁾􀁾􀁾􀁾􀁾􀁾􀁾􀁾􀁾􀁺􀁟􀁾􀁾_______ My Commission Expires: 12 -?-6(" (SEAL] WARRANTY DEED (Huitllge Inn Number XIII) -Page 2 EXHIBIT A Parcel 5 Field Note Description Arapaho Road Project Town of Addison Dallas County, Texas BEING a description of a 0.5792 acre (25,228 square foot) tract of land situated in the Edward Cook Survey, Abstract Number 326, Town of Addison, Dallas County, Texas, and being a portion of a called 4.1525 acre tract of land as conveyed to Heritage Inn Number XIII on January 24, 1997 and recorded in Volume 97018, Page 00073 of the Deed Records of Dallas County, Texas, also being a portion of Addison Restaurant Park, a addition to the Town of Addison, dated March 9, 1988 and recorded in Volume 88066, Page 4219 of said Deed Records, said 0.5792 acre tract of land being more particularly described by metes and bounds as follows: BEGrNNING at a 5/8 inch iron rod found for the common Northeast corner of said called 4.1525 acre tract, Southeast corner of a 60 foot wide right of way dedication as evidenced by the saHI plat of Addison Restaurant Park, and Northwest corner of Lot 1, Block A of Beltwood Reservoir, an addition to the Town of Addison as evidenced by the plat dated August 2, 1989 and recorded in Volume 90012, Page 3386 of said Deed Records, said point also being in the West line of a called 19.01 acre tract of land conveyed to the City of Dallas as evidenced by deed dated August 5, 1958 and recorded in Volume 4942, Page 629 of said Deed Records: THENCE, SOUTH 00"12'19" WEST (called South 00"43'00" West), along the common East line of said called 4.1525 acre tract and West line of said called 19.01 acre tract, a distance of 21.00 feet to a 5/8 inch iron rod set in a curve of the proposed South right of way line of Arapaho Road: THENCE, SOUTHWESTERLY, departing said common line and along the proposed South right of way line of Arapaho Road and the arc of a non-tangent curve to the right having a radius of 1,177.92 feet, a central angle of 19"35'42", a chord bearing South 80 "13' 20" West for 400.88 feet, for an arc distance of 402.84 feet to a 5/8 inch iron rod set for the point of tangency of said curve; of 3 EXHIBIT A PARCEL 5 -ARAPAHO ROAD PROJECT THENCE, NORTH 89·58'49 WEST, continuing along said proposed South right of. way line of Arapaho Road, a distance of 305.09 feet to a 5/8 inch iron rod set in the common West line of said called 4.1525 acre tract and East line of a called 4.9814 acre tract of land conveyed to Motel 6 Operating L.P. by the deed dated February I, 1990 and recorded in Volume 90024, Page 0779 of said Deed Records, same being all of Rodeway Inn, an addition to the City of Addison, as evidenced by the plat dated January 16, 1981 and recorded in Volume 81052, Page 0775 of said Deed Records; THENCE, NORTH 00·24'10" WEST (called North 00·08'59" West), departing said South right of way line of Arapaho road and along said common line, a distance of 20.97 feet to a 5/8 inch iron rod with cap found for the common Northeast corner of said called 4.1525 acre tract, Northwest corner of said called 4.9814 acre tract and Southwest corner of said 60 foot wide right of way dedication; THENCE, NORTH 85·49'17" EAST (called North 86·21'00" East), departing said common line and along the common North line of said called 4.1525 acre tract and South line of said 60 foot wide right of way dedication, passing at a distance of 397.14 feet a 5/8 inch iron rod found, continuing for a total distance of 533.12 feet (called 526.99 feet) to a 5/8 inch iron rod set for an angle point; THENCE, NORTH 80·11' 36" EAST (called North 80°53' 00" East), continuing along said common line, a distance of 171.17 feet (called 177.16 feet) to the POINT OF BEGINNING; CONTAINING an area of 0.5792 acres or 25,228 square feet of land within the metes recited. ,.• Page 2 of 3 EXHIBIT A PARCEL 5 -ARAPAHO ROAD PROJECT All bearings are referenced to the North Right of Way line of Centurion Way, called S 89°51'55" E, according to the final plat of Lot 3, Surveyor Addition, recorded in Vol. 77173, Page 135, Deed Records of Dallas County, Texas. A plat of even survey date herewith accompanies this description. I, Ayub R. Sandhu, a Registered Professional Land Surveyor, hereby certify that the legal description hereon and the accompanying plat represent an actual survey made on the ground under my supervision. 􀁾􀀬􀀮􀀨􀀮􀁾/!-liJ-rr A ub R. Sandhu, R.P.L.S. Texas Registration No. 2910 Page 3 of 3 -------------UNE TABLE BEARING CAun DIST CAU£O S 00'12'19" W 500·.. 3'Ot". 21.00' _t! 00"24'10· W NOO"Q8'SU'W 20.91' EXHISIT "s" 􀀮􀁾􀀠􀁾􀁀􀁜􀀧􀁉􀁁􀁉􀁊b:\1i«@􀁃􀂩􀀩􀀨􀁏􀀾􀁾􀀠􀀤􀁬􀁬􀁊􀁬􀁉􀁩􀂫􀁖􀁾􀀧􀁉� �􀀠A\....􀁾􀁾􀂮DELTA CHORD ,,"S 80'13'20· W -400.88' --IS' WATER EASMENT --"--1'00'[ -526,011')􀀨􀁃􀁾O 􀁾􀀮􀀠2' N 85'49'17· E -533.1 f>ID. 5/8' IRON ROO 397.\4 PROPOSED AAAPAHO ROAD -• N 89'58'49' W -305.09' ARAPAHO ROAD_ (60' R.O.••) .I.IARCH 9, \9a:219 VOl-88066, I'G. D,R.D.C.T. mD. 5/8' IRON ROO INN NUMBER XIII, HERITAGE1A0TEL 6 OPERATING LP. CAI.l£D 4.9814 ACRES UMITED PARTNERSHIP fEBUARY ,I, 1990 ADDISON RESTAURANT LOT 1 CAlLED 4.1525 ACRESVOl-90024, PG. 779 PARK BLOCK A JANUARY 24, 1997MARCH 9, 1986 BELTWOOD RESERVOIRO.R.D.C.T. VOL 97018, PO. 00073VOL 88066, PG. 4219 AUGUST 2, 1969 D.R.D.C.T. D.R.D.C.T. VOL. 90012, PG. 3386RODEWAY INN D.R.D.C.T.JANUARY 16, 1981 VOL. 81052, PG. 0775 PARCEL 5 O.RD.C.T. A PLAT OF A 0.5792 ACRE (25.228 SQ. FT.) NOTES: OF "" TRACT OF LAND All E ASEIAENTS SHOWN ARE TAI'::> ..... ' ., ..':.'::..' '. " " 􀁾􀁾􀀮􀁨􀁡􀁾􀁥􀁾􀁥􀁇􀁾􀀻􀁾􀁾􀁾􀀺􀀧􀀻􀁾􀁾􀁬􀁥􀁦􀁴􀁾􀁾􀀧􀀠􀁣􀁩􀁡􀁴􀁾􀀧􀁾􀁾􀁾􀀲􀁾􀀺􀀠􀀲􀀰􀀰􀁾􀁲􀁥􀁧􀁾􀁾􀁧the. . above 􀁲􀁾􀁦􀁥􀀻􀁾􀁣􀁾􀁤􀀠􀁾􀁲􀁯􀁾􀁾􀀮􀀺􀀧􀂷􀀠,.,T4arikYbil]n:oVi.dmg!that irifortnat19'o to'Ys.:,' .,. ::: . . ""' ". •...• 􀁾􀁬􀁾􀀭􀀺􀁾􀁥􀀧􀁦􀁾􀁥􀁬􀁴􀁨􀀴􀁙􀁯􀁵􀁲􀀺􀁾􀀻􀁦􀁥􀁲􀀠is 􀁾􀀬􀁧􀁏􀁏􀁾􀀠􀁯􀁾􀁾􀀻􀀠􀁩􀁬􀁩􀁥􀀻􀁥􀀬􀁾􀁥􀀠􀁾􀁾􀁾􀁾􀀮􀀠􀁡􀁤􀁤􀁩􀁴􀁩􀀹􀁮􀁾􀀱􀀠􀁩􀁾􀁥􀀺􀁳􀀧􀀠􀁾􀁾􀁃􀁨􀀧􀁃􀁾􀁷􀁣􀁩􀀠􀁬􀁩􀁾􀁩􀁰􀀠out· '. . ." " . . i:J,9pertysigiiificmtlj,.iuidw'e wo\lldJjls:e.ti> roakethe fbllowirtg cQunteJ;-off'er;:.' ..... ' ." . '. :. 'i)':.. 􀀮􀁨􀁾􀁾􀁥􀁾􀁾􀀺􀂣􀁾􀁴􀁢􀁴􀁜􀁖􀁾􀁹􀀻􀀻􀀠--􀁣􀁌􀁾􀁾􀀠􀁾􀁹􀀭􀁀􀀤􀀱􀀮􀁯􀁢􀁬􀁾􀁽􀀺􀀠.􀀢􀀺􀀤􀁩􀁬􀁾􀀬􀀱􀁾􀀶,"' .... '. '. ...·Compeiisat;ort 􀀺􀁲􀁯􀁴􀀺􀁉􀁲􀁨􀁰􀁲􀁑􀁶􀁥􀁩􀁮􀁥􀁨􀁴􀁳􀀨􀁎􀁯􀁾􀀮􀀻􀀮􀀬􀁒􀁥􀁰􀁬􀁡􀁣􀁥􀁩􀁮􀁥􀁉􀁩􀁴􀀩􀀠$: 0." . ,·.Larid§capmg{None",Replacerilent) ... '. 􀁾􀀧􀀺􀀬􀀠.'. ,.: ....$$ .•...1••,9.-.:4:.°6 .',.....•.••... '.' ":.. '." 'Jeinp?riuJi 􀁣􀁯􀁾􀁳􀁴􀁩􀁕􀀬􀁣􀁴􀁩􀁯􀁮􀁅􀁡􀁾􀁥􀁭􀁥􀁰􀀬􀁴􀀠.... ,... : .>..... . . . ".. .'' .., .-., .,..􀀧􀁾􀀮􀀧􀀠􀀧􀀺􀀧􀂷􀁲􀀮􀁾􀂷􀀬􀀠.,. ",." 􀁾􀀠. .":' '.'. ., .. ' .'. ," ...;.:.'" ''2-j, :;CUrPCuts':\ •..•;.. :: <: .. :....... "':>' ,".. •-' -' \'... We-w:6irld.req4esttlieappr6,-!alfCi(tw , ----.-::;:...-'.-"" -. ...---::...-""--""-􀁾􀀠. __...::::----.Oq .--' ___ __ ---􀀮􀁾􀁾.. 15' WAitR E ARAPAHO ROAO_ -17''"' --'::.::. (60' 􀁒􀀬􀁏􀀮􀁾􀀮􀀩􀀠0....,..,.00·.; ,;,.11\7::""􀀭􀁲􀀧􀀧􀀧􀀧􀀺􀀺􀁋􀀧􀁾􀀠.-/-,'------.,MARCK 9, 􀁴􀁇􀀹􀁡􀁾􀀢􀀧􀀹􀀠}C;::"';6" E 􀁾􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀭􀁾8e066. P ....-I---.... --􀁖􀁾􀀠Oc.T.. •• .. ;Ii -,--.' D,R.. Ii . ! NaE"11'OO"E -5'lS,99') • " J ... . """ (""""'0;,,;, E' -􀀵􀀳􀁾􀀱􀀲􀀠"'"' '16' "'ON..,., " /􀁾􀀠'N85'49, , fNt), ,/S''''''' ROO 391.14 PROPOSED ,A,R/>.Pt-IlO ROAD '" '" 􀁾􀀽􀀻􀀬􀁾􀁟􀀬􀁟., 􀁾􀀠"" <> ",,,' <> <> 􀁾􀀻􀀻􀀻􀀻􀀻􀀻􀁊􀁊􀀠L_":(l' 0 _ _%---=;:; l I \􀁾􀀻􀀢􀀢􀁾􀀠􀁉􀁉􀀼􀁉􀀺􀁾􀀠􀁾􀀭􀁾􀀠7 /N 89'58'+9" 'Ii -305.09', -0 0r ""... ' APPROXIMATE lOCATlON OF 0 10' UllUTY EASEMENT CAlLED 19,01 AC,\ CITY OF DAllAS• 􀁾􀀠.-----'-􀀧􀀭􀀭􀁾􀀧􀀡􀀧􀀽􀀮􀀢􀀽􀀧􀀠AUGUST S. 19&\ MOitL 6 OPERATlNG LP. \ 􀂷􀀭􀀽􀀺􀀰􀀮􀁣􀀡􀀮􀂷􀀮􀀺􀀮􀁾􀂷􀀧􀀭􀀭􀁈􀁅􀁒􀁩􀁔􀁁􀁇􀁅􀀠INN NUMBER VOl.. 4942. PO. 629 CAlLED 4.9814 ACRES • ----XIII, P.R,D.C.T. FESUARY I, 1990 ADDISON RESTAURANT UMlitO PARTNERSHIP 􀁾􀀠lOT 1VOL 90024, PG. n9 PARK CAlLED 4.1525 ACRES SlOCK AD.R.D.C.T. 'MARCH 9, 1988 JANUARY 24, 1997 lTWOOO RESERVOIRVOL 88068, PG. 4219 VOl.. 97018. PO. 00013 AUGUST 2, 19B9 RODEWAY INN D,R.O,C.T. D.R.D.C.T. L. 90012, PG. 3386 JANUARY 16, 1981 O.R,D.C.T.VOL 81052, PG. 0775 D.R.O.C,T, I PARCEL 5 A PLAT OF A .·NOTES: 􀁏􀀬􀀵􀀷􀁾􀀲􀀠ACRE 􀀨􀁾􀀵􀀬􀀲􀀲􀀸􀀠S9. ,FT.)'. . TRfl.-CT OF LAND ' .. ,ALL EAStl.lENTS SHOWN ARE TAKEN FRoM 'THE PLATS INDICATE'O ' HEREON, THE SURVEYOR 010 NOT ABSTRACT THE SUBJECT IN THE EDWARD COOK SURVEY PROPERTY SO ALL EASEMENTS MAY NOT BE SHOWN. ASS TRACT NO, 326 . TOWN, OF ADDISON ALL BEARINGS ARE REFERENCED TO THE NORTH RIGHT OF' WAY DALLAS COUNTY, IEXAS,UNE OF CENTURION WAY, CAlLED S' 89'51'&\' E, ACCORDING TO DENOTES A FOUND POINT AS INDICATED THE FINAL PLAT OF' lOT 3. SURVEYOR ADDITION, RECORDED IN • DENOTES A 5/B" IRON ROO SET UNLESS 60 o 3D 60 120.Val, 77173, PAGE 135, D,R.D,C.T, OTHERWISE NOTED ---PROPOSED RIGHT OF WAY UNE I-wr-d A LEGAL DESCR/PTlON OF EVEN SURVEY DATE HEREWITH ACCOMPANIES THIS PLAT. GRAPHIC SCALE 1 INCH = 60 FT. 􀁾􀀠 --------EXHIBIT "B" 􀁾􀀠􀁾􀀭., . T.' ' • .' .. i S B!r58' 49" E -3115.09' N 89'58'49" I\' -305.05' MOTEL 6 OPERATING 1-1'. CAu.EO 4.981+ AORES .. FEBUARY 1. \990 VOl-90024, PO. 0779 D.R.D.C.T. ROOEWAY INN " JANUARY 16. 19B 1 VOL. 81052. PG. 0775 D.R.O.c.r. NOTES:. . Ali. EASEMENTS SHOWN .ARE. TAKEN. FROM THE PLAlS INDICAlED HEREON. THE SURVEYOR DID NOT A9STRACT THE SUBJECT PROPERTT SO ALL EASEMENTS MAY NOT BE SHOWN. ALL BEARINGS ARE REFERENCED TO lHE NORTH RlGliT Of WAY UNE OF CENlIJRlON WAY, CALLED S 89"51'55" E, ACCORDING TO THE FINAL PLAT Of LOT 3, SURVEYOR ADrnTlON, RECORDED IN VOl-77173, PAGE 135, D.R.D.C.T, A LEGAL 􀁄􀁾􀁓􀁃􀁒􀁉􀁐􀁬􀁩􀁏􀁎􀀠Of EVEN SURVEY DAlE HEREWITH ACCOMPANIES THIS PLAT. 􀀭􀀭􀀭􀀽􀀽􀁦􀁾􀁴􀀢􀀠..." ARIIPNiO ROAD (60' R.o.W.) VOl-88066. PG. 42\9.t.lAIlCIi 9, \988 Q.R.o.C.T. PROPOSED ARAPAHO ROAD If '" '" '" ",'''' 􀀢􀀧􀁾, 􀁾􀀺􀀬􀀠1 4010".'''( APPROXIMATE!I ---0 􀁾􀀠 . . 10' UTiUTT EASEMENT '1 t____􀀭􀀺􀀺􀁾􀀬􀀬􀁾􀀮􀁾􀁔􀁲􀀭􀂷􀂷􀁾􀀠' __' .---...:... HERITAGE INN NUMBER XlII, UMITEO PARTNERSHIP ADrnSON RESTAURANT CAu.ED 4. \525 ACRES LOT 1PARK JANUARY 24, 1997 BlOCK AMARCH 9. 1988' VOl-970\ 8. PG. 00073 L1VIOOD RESERVORVOL: 96066, PG. 4219 O.R.o.C.T•. AUGUST 2. 1989 . D.R.D.C.T. ,'OL 90012. PG. 3.386I O.R.D.C.T. PARCEL 5-1£ A PLAT OF A 0.OB13 ACRE (3,539 SQ. FT.) . . TRACT OF LAND . iN THE EDWARDCCOK SURVEY" . . ABSTRACT 􀁎􀁏􀁾􀀠326 TOWN OF ACOISON DALLAS COUNTY, 1£XAS OENOlES A FOUND PDlNT AS INDICATED " DENOlES A S/S" IRON ROO SET UNLESSJr. 60 o 30 60 120 OlHERWISE NOTED --PROPOSED RIGHT OF WAY UNE GRAPHIC SCALE 1 INCH = 60 FT. ll􀀮􀁾􀀮􀀢􀁁􀁬􀀧􀁉􀀰􀀠􀁒􀁏􀁉􀁩􀀾􀀡􀁦􀀮􀀢􀀢􀁾􀁾􀁾􀁾􀁾􀁾􀁾􀁾􀁾􀁾􀀻􀀠􀀮􀁾􀀧. ""'" 􀁾II 0.'11·)􀁾􀁛􀁍􀁉􀀱􀀮􀁢􀀮􀁜􀁏􀁏􀁾􀁀􀀠W'if 􀁻􀁖􀁾􀁓􀁔􀀠5, '\9582.9 􀁾􀀤􀁾􀂮􀀠/>I.l 494'1. Pt)· 6 vO'-D.fI.!)'C:\', 􀀬􀁾􀀢􀀢􀁾􀀠7 /􀀱􀀮􀁾􀁬􀁍􀁉􀀧􀁍􀁾􀀠LOCATION OF CAllED \9.0\ AC. ClTT Of OAu.AS 􀁖􀁾􀁇􀁾􀀲􀀬􀀵􀀧􀀢􀁊􀀮􀀹􀁾􀀹􀀠D.R.D.c.r•. 􀁾􀁾􀁾􀁶After Recording Return To: STATE OF TEXAS COUNTY OF DALLAS § § § Angela K. Washington Cowles & Thompson, P.e. 901 Main Street, Suite 4000 Dallas, Texas 75202 RIGHT-OF-WAY DEED DATE: GRANTOR: HERlTAGE INN NUMBER XIII, LIMITED PARTNERSHIP 12.0 I ?"'1' WriJ<. GRANTEE: TOWN OF ADDISON, TEXAS 5300 Belt Line Road Addison, TX 75001 (Dallas County, Texas) CONSIDERATION: One Hundred Seventy-Eight Thousand Five Hundred Forty-Two DOLLARS AND No/IOO ($178,542.00), in hand paid by Grantee, the receipt and sufficiency of which is acknowledged by Grantor. PROPERTY (INCLUDING ANY IMPROVEMENTS): A tract of land, herein referred to as Parcel 5, containing approximately 25,228 square feet of land, and more particularly described in Exhibit A (Parcel 5 Field Note Description), and depicted on Exhibit B (ParcelS Survey Depiction), which are attached hereto and incorporated herein by reference. CONVEYANCE: For the consideration described above, Grantor hereby grants, sells, and conveys to Grantee the Property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and to hold it to Grantee, Grantee's heirs, executors, administrators, successors, and assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, successors, and assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and forever defend all and singular the Property to Grantee and Grantee's heirs, executors, administrators, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof. MISCELLANEOUS: (a) Nothing in this instrument shall be construed as a waiver by Grantee of any utility connection charge or other charges imposed by ordinance or Charter of the Town of Addison. WARRANTY DEED (Uerilage Inn Number XIII) -Page 1 Document' 1016980 (b) The Property hereby conveyed may be used as a public right-of-way for the passage of vehicular and pedestrian traffic, including (without limitation) streets, roads, sidewalks, utilities, drainage, and other customary uses of public right-or-way. Improvements may be on such grade and according to such plans and specifications as will, in the opinion of Grantee, best serve the public purpose. (c) The consideration described above shall be deemed full compensation for the conveyance of the Property, and for any diminution in value that may result to the remaining property of Grantor by virtue orGrantee's use ofthe Property. (d) When the context requires it, singular nouns and pronouns include the plural. EXECUTED effective as of the day first written above. Heritage Inn Number XIII, Limited Partnership By: MttHeritag0 Inc., its General Partner By: =J.04C'L,z ??!! a-t...../􀁾􀀺􀁥􀁣􀀽􀀠Print ame: 􀁾􀁔􀁫􀀮􀁶􀁾􀁾􀀢􀀠Print Title:'e?e z/<, d STATE OF 􀁾t-\ DAlloI it § § COUNTY OF CAS'S § ---'''-'-'''''''---B efore Me, the undersigned notary public in and for said county and state, on this 2:S'b!. A day of 􀁊􀀩􀁵􀁾􀁢􀁲􀀮􀀮􀀠,2002, personally appeared 􀁃􀀲􀁾Th:u"-(&'i.o..... --,3±c:..􀁾􀀭􀁜􀀠of Midwest Heritage Inn, Inc., kn;\\: to me to be the identical person who executed the within and foregoing document, and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or entity upon behalf of which he acted, executed the instrument, r the uses and purposes therein set forth. Notary Pub Iic, State 􀁯􀁦􀀢􀀬􀁾􀀢􀀢􀀬􀀬􀀧....&",,,-,,=4,,,,,,"',,--_ Print Name: 􀀮􀁊􀀮􀀱􀀧􀁶􀀧􀁢􀀺􀀮􀀮􀁌􀁩􀀾􀀼􀂥􀁦􀀮􀁁􀀡􀁬􀀮􀀮􀁊􀀡􀀲􀀮􀀡􀁩􀀾􀀮􀀺􀀮􀀮􀀧􀁏􀀧􀁟􀁾􀀮􀁡􀀺􀁩􀁯􀁴􀀼􀀻􀀮􀀬􀀮􀀢􀀮􀀢􀀧􀀭􀀧􀀭____ My Commission Expires: 12 -f-6(" [SEAL] WARRANTV DEED (Heritage Inn Number XIII) -Page 2 EXHIBIT A Parcel 5 Field Note Description Arapaho Road Project Town of Addison Dallas County, Texas BEING a description of a 0.5792 acre (25,228 square foot) tract of land situated in the Edward Cook Survey, Abstract Number 326, Town of Addison, Dallas County, Texas, and being a portion of a called 4.1525 acre tract of land as conveyed to Heritage Inn Number XIII on January 24, 1997 and recorded in Volume 97018, Page 00073 of the Deed Records of Dallas County, Texas, also being a portion of Addison Restaurant Park, a addition to the Town of Addison, dated March 9, 1988 and recorded in Volume 88066, Page 4219 of said Deed Records, said 0.5792 acre tract of land being more particularly described by metes and bounds as follows; BEGINNING at a 5/8 inch iron rod found for the common Northeast corner of said called 4.1525 acre tract, Southeast corner of a 60 foot wide right of way dedication as evidenced by the saitl plat of Addison Restaurant Park, and Northwest corner of Lot I, Block A of Beltwood Reservoir, an an addition to the Town of Addison as evidenced by the plat dated August 2, 1989 and recorded in Volume 90012, Page 3386 of said Deed Records, said point also being in the West line of a called 19.01 acre tract of land conveyed to the City of Dallas as evidenced by deed dated August 5, 1958 and recorded in Volume 4942, Page 629 of said Deed Records; THENCE, SOUTH 00"12'19" WEST (called South 00"43'00· West). along the common East line of said called 4.1525 acre tract and West line of said called 19.01 acre tract, a distance of 21.00 feet to a 5/8 inch iron rod set in a curve of the proposed South right of way line of Arapaho Road; THENCE, SOUTHWESTERLY. departing said common line and along the proposed South right of way line of Arapaho Road and the arc of a non-tangent curve to the right having a radius of 1.177.92 feet, a central angle of 19" 35' 42", a chord bearing South 80°13'20" West for 400.88 feet. for an arc distance of 402.84 feet to a 5/8 inch iron rod set for the point of tangency of said curvei curvei .'" Page 1 of 3 EXHIBIT A PARCEL 5 -ARAPAHO ROAD PROJECT THENCE, NORTH 89·58'49 WEST, continuing along said proposed South right of way line of Arapaho Road, a distance of 305.09 feet to a 5/8 inch iron rod set in the common West line of said called 4.1525 acre tract and East line of a called 4.9814 acre tract of land conveyed to Motel 6 Operating L. P. by the deed dated February 1, 1990 and recorded in Volume 90024, Page 0779 of said Deed Records, same being all of Rodeway Inn, an addition to the City of Addison, as evidenced by the plat dated January 16, 1981 and recorded in Volume 81052, Page 0775 of said Deed Recordsi THENCE, NORTH 00·24'10" WEST (called North 00·08'59" West), departing said South right of way line of Arapaho road and along said common line, a distance of 20.97 feet to a 5/8 inch iron rod with cap found for the common Northeast corner of said called 4.1525 acre tract, Northwest corner of said called 4.9814 acre tract and Southwest corner of said 60 foot wide right of way dedication; THENCE, NORTH 85·49'49'17" EAST (called North 86'21'00" East), departing said common line and along the common North line of said called 4.1525 acre tract and South line of said 60 foot wide right of way dedication, passing at a distance of 397.14 feet a 5/8 inch iron rod found, continuing for a total distance of 533.12 feet (called 526.99 feet) to a 5/8 inch iron rod set for an angle point; THENCE, NORTH 80·11'36" EAST (called North 80'53'00" East), continuing along said common line, a distance of 171.17 feet (called 177.16 feet) to the POINT OF BEGINNING; CONTAINING an area of 0.5792 acres or 25,228 square feet of land within the metes recited. Page 2 of 3 EXHIBIT A PARCEL 5 -ARAPAHO ROAD PROJECT All bearings are referenced to the North Right of Way line of Centurion Way, called S 89"51'55" E, according to the final plat of Lot 3, Surveyor Addition, recorded in Vol. 77173, Page 135, Deed Records of Dallas County, Texas. A plat of even survey date herewith accompanies this description. I, Ayub R. Sandhu, a Registered Professional Land Surveyor, hereby certify that the legal description hereon and the accompanying plat represent an actual survey made on the ground under my supervision. 􀁾􀁌􀀮􀁊􀀲􀀱􀀬􀀮􀀮􀁾/I-I,;J-rr A ub R. Sandhu, R.P.L.S. Texas Registration No. 2910 Page 3 of 3 L1 S 00"12'19" W SOO'4l'OC "w 21.00' L2.. .._l'! 00"24'10· W NOO'08'S2"w 20.97' CURVE TABLE CURIIE I DELTA I RADIUS I LENGTH I CHORD Cl I 19"35'42· I 1177.92' I 402.84' I S 80'13'20· W 400.88' 15' WATER EASMENT 􀁾􀀭􀀭􀀭􀀭􀀭---EXHIBIT "B" N ..... . 􀁾􀁉􀁄􀀾􀀱􀁬􀁦􀁈􀁬£1R1ID> C@O>I}{ 􀀤􀁬􀁕􀁬􀁉􀁒􀀱􀁗􀁾􀀧􀁜􀀱􀀠£ ..􀁾􀁾􀂮􀀠<" .... (CAU£O N86"2,'OO"E -526.99')2' N 85"49'11' E 5J3.1 -FND. 5% IRoN ROO , :r" 􀁴􀁾􀂷5/6' .RoN ROO 397.14 PROPOSED ARAPAHO ROAD, ....'//:--r 􀁾􀁩􀀭􀀭􀀬􀁾􀀭􀀱􀁾􀁾􀀺􀀧􀁾􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀁎􀁾􀀸􀁾􀀹􀁾􀀧􀀵􀁾􀀸􀁾􀀧􀀴􀁾􀀹􀁾􀀧􀁾􀁗􀁾􀀭􀀭􀁾􀀳􀁾􀀰􀀵􀁾􀀧􀁾􀀰􀀹� �􀀧􀀭􀀭􀀭􀁾􀀺􀁾􀂷􀀭􀀭􀀭􀁾􀀭􀀽􀀧􀁾􀁾􀀭􀁾􀀭􀀭􀁾􀀬􀀭􀀺􀀭􀀮􀀧􀁾􀁲􀁾􀁾􀀺􀁾􀀻􀁾􀂷􀁾􀁾􀂷􀁾􀁾􀀭􀁾􀀮􀁾􀀻􀁾􀁾􀀻􀁾􀀺􀀮􀀺􀁣􀀺􀂷􀁾􀁾􀀻􀀮􀁛􀀺􀁕􀁾􀀺􀀬􀀻􀁾􀀺􀁾􀁾􀀢􀀧􀁾􀀺􀀻􀀺􀁾􀀻􀀬􀁩􀁾􀀠􀁾􀀠\ MOTEL 6 OPERATING L.P. HERITAGE INN NUMBER AUGUST 5, 1958 -CAllED 4.9814 ACRES )011 VOL 4942, PG. 629 \ r-...____ FEBUARY 1. 1990 ADDISON RESTAURANT UMITED PARlNERSHIP D.R.D.C.T. VOL 90024. Po. 779 PARK CAUJEO 4.1525 ACRES SCglK lA O.R.O.C.T. MARCH 9. 1988 JANUARY 24. 1997 SELTWOOD RESERVOIR VOL 88066, PG. 4219 VOL 97018, PG. 00073 􀁾􀀮􀀠DRDCT DRDCT AUGUST 2, 1989 ./RODE WAY INN . . . . . • • • • • VOL 90012. PG. 3386' JANUARY 16. 1981 D.R.D.C.T. VOL. 81052. PG. 0775 D.R.D.C. T. PARCE L 5 NOTES: ALL EASEMENTS SHOWN ARE TAKEN FROM THE PLATS INDICATED HEREON. THE SURVEYOR DID NOT ABSTRACT THE SUBJECT PROPERTY SO ALL EASEMENTS MAY NOT BE SHOWN. ALL BEARINGS ARE REFERENCED TO THE NORTH RIGHT OF WAY LINE OF CE NlURION WAY. CALLE D S 89'51 '55' E. ACCORDING TO THE FINAL PLAT OF LOT 3. SURVEYOR ADDITION. RECORDED IN VOL. 77173. PAGE 135, D.R.D.C.T. A LEGAL DESCRIPTION Of EVEN SURVEY DATE HEREWITH ACCOMPANIE S THIS PLAT. A PLAT Of A o • 0.5792 ACRE (25.228 SQ. fT.) TRACT Of LAND IN THE EDWARD COOK SURVEY ABS TRACT NO. 326 TOWN Of ADDISON DALLAS COUNTY, TE XAS TEMPORARY CONSTRUCTION EASEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF DALLAS § THAT HERITAGE INN NUMBER XIII, LIMITED PARTNERSHIP, a North Dakota Partnership, hereinafter called GRANTOR, for and in consideration of the sum of ONE DOLLAR ($ 1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does by these presents grant, sell and convey to the Town of Addison, hereinafter called GRANTEE of the County of Dallas and State of Texas, a temporary easement and right of passage in, on, over, across, along, under and through a portion (the "Easement Area") of GRANTOR'S property, which easement and right of passage is shown and depicted on Exhibit B, attached to and incorporated herein, for the purpose of constructing a roadway to be known as Arapaho Road. The Easement Area is described as lollows: See attached Exhibit A (Field Note Description for Parcel 5-TE), which is made a part of this easement as if fully copied herein, This temporary construction easement shall only be used by GRANTEE and its· contractors in connection with the construction of a public right-of-way adjacent to the Easement Area. GRANTEE shall restore the Easement Area to the condition that existed before the construction of the roadway. This temporary easement shall terminate 24 months from the date of the Notice to Proceed with construction under the construction contract for the roadway adjacent to the Easement Area, or upon completion of the construction of the portion of the roadway adjacent to the Easement Area, whichever is earlier. TO HAVE AND TO HOLD unto the Town of Addison, Texas as aforesaid, for the purposes and on the conditions set forth hereinabove, the easement and Easement Area described above, Grantor binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and defend all and singular the Easement Area to Grantee for the duration and purposes set out herein against every person whomsoever lawfully claiming or to claim the same or any part thereo f. EXECUTED this 23feR day of 􀁾􀁥ce......bu ,2002. GRANTOR Heritage In Number XIII, Limited Partnership By: Midw 1fHeritage 􀁉􀁾its General 􀁾􀁡􀁾􀁮􀁥􀁲􀀠By: '.' a -t-,? ,> /") c"'-C --( <'􀁾􀀯􀀮􀀧􀀷􀁾Print Name: G:M-11:Fd&SO('l Print Title: :?ce;;&k: TEMPORARY CONSTRUCTION EASEMENT PARCELS-TE 􀁏􀁯􀁣􀁾􀀢􀀠1016976 STATEOF /vof2Ttf MlloTd § COUNTY OF CASS § BEFORE ME, the undersigned notary public in and for said county and state, on this ,.,( ':". /'-="'-_ day of ueq:.""w , 2002, personally appeared 􀁃􀀿􀀢􀁾􀀡􀁬􀀮􀀴􀀭􀁜􀁨􀁗􀁑􀀬1&S,-n , known to me to be the identical person who executed the within an!:! foregomg document, and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or entity upon behalf of which he acted, executed the instrument, for the uses and purposes therein set forth, GIVEN UNDER my hand and seal ofoffice the day and year I bove written, Notary Public, State of Ie... Print Name: /'Y7cvK (. nwg.o MY COMMISSION EXPIRES: /2-F-cG [SEAL] TEMPORARY CONSTRl'CTION EASEMENT PARCEL5·TE Oocumc:nt It 1016916 EXHIBIT A Parcel 5-TE field Note Description Arapaho Road Project Town of Addison Dallas County, Texas BEING a description of a 0.0813 acre (3,539 square foot) tract of land situated in the Edward Cook Survey, Abstract Number 326, Town of Addison, Dallas County, Texas, and being a portion of a called 4.1525 acre tract of land as conveyed to Heritage Inn' Number XIII on January 24, 1997 and recorded in Volume 97018, Page 00073 of the Deed Records of Dallas County, Texas, also being a portion of Addison Restaurant Park, a addition to the Town of Addison, dated March 9, 1988 and recorded in Volume 88066, Page 4219 of said Deed Records, said 0.0813 acre tract of land being more particularly described by metes and bounds as follows; COMMENCING at the common Northeast corner of said called 4.1525 acre tract, Southeast corner of a 60 foot wide right of way dedication as evidenced by the said plat of Addison Restaurant park, and Northwest 􀁾􀁯􀁲􀁮􀁥􀁲􀀠of Lot 1, Block A of Beltwood Reservoir, an addition to the Town of Addison as evidenced by the plat dated August 2, 1989 and recorded in Volume 90012, Page 3386 of said Deed Records, said point also being in the West line of a called 19.01 acre tract of land conveyed to the City of Dallas as evidenced by deed dated August 5, 1958 and recorded in Volume 4942, Page 629 of said Deed Records; THENCE, SOUTH 00°12'19# WEST (called South 00"43'00# West), along the common East line of said called 4.1525 acre tract and West line of said called 19.01 acre tract, a distance of 21.00 feet to a point in a curve of the proposed South right of way line of Arapaho Road for the Northeast corner and POINT OF BEGINNING of the herein described tract; THENCE, SOUTH 00"12'19# WEST (called South 00"43'00" West), departing said proposed South right of way line of Arapaho Road and continuing along said common line, a distance of 5.31 feet to a point for the beginning of a non-tangent curve to the right; THENCE, SOUTHWESTERLY, departing said common line and along the arc of said curve to the right having a radius of 1,182.92 feet, a central angle of 19"30'28", a chord bearing South 80°15'57" West for 400.81 feet, for an arc distance "c 402.75 feet to the point of tangency of said curve; EXHIBIT A PARCEL 5-TE -ARAPAHO ROAD PROJECT THENCE, NORTH 89°58' 49 WEST, a distance of 305.05 feet to a point in the common West line of said called 4.1525 acre tract and East line 􀁯􀁾􀀠a called 4.9814 acre tract of land conveyed to Motel 6 Operating L. P. by the deed dated February 1, 1990 and recorded in Volume 90024, Page 0779 of said Deed Records, same being all of Rodeway Inn, an addition to the City of Addison, as evidenced by the plat dated January 16, 1981 and recorded in Volume 81052, Page 0775 of said Deed Records; THENCE, NORTH 00·24' 10" WEST (called North 00·08' 59" West), along said common line, a distance of 5.00 feet to a point in said proposed South right of way line of Arapaho Road; THENCE, SOUTH 89°58'49 EAST, departing said common line and along said proposed South right of way line of Arapaho Road, a distance of 305.09 feet to the point of curvature of a tangent curve to the left; THENCE, NORTHEASTERLY, continuing along said proposed South 􀁾􀁩􀁧􀁨􀁣􀀠of way line of Arapaho Road and the 􀁡􀁲􀁾􀀠of said curve 􀁴􀁾􀀠the leic having a radius of 1,177.92 feet, a central angle of 19°35'42", a chord bearing North 80°13'20" East for 400.88 feet, for an arc distance of 402.84 feet to the POINT OF BEGINNING; CONTAINING an area of 0.0813 acres or 3,539 square feet of land wichin the metes recited. All bearings are referenced to the North Right of Way line of Centurion Way, called S 89·51'55" E, according to the final plat of Lot 3, Surveyor Addition, recorded in Vol. 77173, Page 135, Deed Records of Dallas County, Texas. A plat of even survey date herewith accompanies this description. I, Ayub R. Sandhu, a Registered 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. ---------UNE 11 L2 L3 CURVE Cl C2 UNE TABLE BEARING CAllED DIST CAlLED S 00'12'19" W $00'4;5'00". 21.00' S 00'12'19" W 500·43'00·W 5.31' N 00'24'10" W NOO"OS"S9·W 5.00' CURVE TABlE DELTA RADIUS LENGTH CHORD 19'30'28" 1182.92' 402.75' S 8O'15'S7" W -400.81' 19'35'42" 1177.92' 402.84' N 80'13'20" E -400.88' EXHISIT "s" N 􀁉􀁁􀁜􀀢􀀤􀁾􀁾􀀠L3 S 89"58'49" E 305.09' N 89"58'49" W 305.05' MOTEL Ii OPERAlING LP. CAlLED 4.9814 ACRES FE BUARY I, 1990 VOl-90024, PC. 0779 D.R.D.C.T. RODE WAY INN JANUARY 16. 1981 VOL 81052. PG. 0775 D.R.D.C.T. NOTES: ALL EASEWENTS SHOWN ARE TAKEN FROW THE PLATS INDICATED HEREON. THE SURVEYOR 010 NOT ABSlRACT THE SUB'£CT PROPERlY SO ALL EASEMENTS MAY NOT BE SHOWN. ALL BEARINGS ARE REFERENCED TO THE NORTH RIGHT OF WAY UNE OF CENTURION WAY, CAlLED S 89'51'55" E, ACCORDING TO THE RNAL PLAT OF LOT 3, SURVEYOR ADDITION, RECORDED IN VOl. 77F3, PAGE 135, D.R.D.C.T. A LEGAL DESCRIPlION Of EVEN SURVEY DATE HEREWITH ACCOWPANIES THIS PLAT. 􀁾􀁉􀁑􀀩􀁗£[fI1Q) C@@/l{ 􀁓􀁬􀀡􀁊􀁬􀁛􀁦􀁬􀁗􀁾􀁗􀀠􀁁􀁒􀁾􀁁􀁈􀁏􀁏􀁒􀁏􀁁􀁄􀀠P,O.C. (60' R.O•••) IoIARCH 9, 1988 VOl-88066, PG. U19 D.aD.C.T. PROPOSED 􀁁􀁒􀁾􀁁􀁈􀁏􀀠ROAD "(., C2 .' :. . I /rI 􀁁􀁐􀀺􀀻􀁾􀁉􀁍􀁁􀁔􀁅􀁌􀁏􀁃􀁁nON 􀁯􀁾􀁍I . 10' UnUTY EASEt.4ENT . CALLED 19.01 AC. CITY OF DAlLAS AUGUST 5, 1958 •HERITAGE INN NUWBER XIII, VOl-4942, PG, 629UIoIITED PARTNE RSHIP D.R.D.C.T. ADDISON RE S1AURANT CAlLED 4.1525 ACRES LOT 1PARK JANUARY 24, 1997 , 8LOCK At.4ARCH 9, 1988 VOl-97018, PG. 00073 IfLTWOOO RESERVOIRVOL 88066. PG. 4219 D.R.D.C.T. ! AUGUST 2. 1989D.R.D.C.T. 1IOl. 90012. PG. 3386 D.R.D.C.T. PARCEL 5-TE A PLAT OF A 0.0813 ACRE (3.539 SQ. FT.) TRACT Of LAND IN lHE EDWARD COOK SURVEY ABSTRACT NO. 326 TOWN Of ADDISON DALLAS COUNTY, TE XAS • DENOTES A FOUND POINT AS INDICATED • DENOTES A 5/8" IRON ROO SET UNLESS 60 o 30 60 120OTHERWISE NOTED ---PROPOSED RIGHT OF WAY UNE GRAPHIC SCALE 1 INCH = 60 FT. II ::-..-'. COWLES &THOMPSON A Proressional CorpQration ATTORNEYS AND COUNSELORS ANGELA K. WASHINGTON 214.572.2144 AWASHINGTON@COWLESTHOMPSON.COM December 2. 2002 ......--\-.nts 4 and 5. Addison Restaurant Park Heritage (nn #13/Tharaldson Development Dear Mr. Knudson: Enclosed are three originals of the Contract of Sale for the above referenced property. Paragraph 8.1 of Article VIII of the contract has been amended pursuant to our discussion earlier today. Please have Mr. Tharaldson execute all three originals and return the documents to me. If he is not the correct party, please let me know and I win make the necessary adjustments. Also. please fill in the address for notice purposes on Page 6 of the Agreement. Once I receive the completed and executed documents. r will then have the Town of Addison City Manager Ron Whitehead execute the documents and return an original to you along with originals of the Right-of-Way Deed and Temporary Construction Easement documents to be executed by the appropriate parties. We will will then have our title company take the necessary steps to complete thiS transaction. It has been a pleasure working with you. I look forward to hearing from you soon. Please let me know if you have any questions or concerns. Sincerely. )( rC/,-t--L---....,.I Angela K. Washington 7 (if AKW/db Enclosure c wlo enclosure: Mike Murphy /Steve Chute hi an Ken Dippel '101 MAIN STREET SU1TE 4000 CALLAS. HXA'). o ALL A S T Y L E R TEL 214 672.2000 FAX 214.672.2020 WWW CO, Steve Chutchian To: awashington@cowtesthompson.com Subject: Arapaho Rd., Parcel 5 Angela -Mr. Mark Knudson, representing the owner of Parcel 5 (Heritage Inn), fax: 101-235-1262, has requested that the Town rework the Contract of Sale for the acquisition of the right-of-way on Arapaho Rd. They asked that we break out the $140,100 total value into the land cost ($138,154) and the temporary constr. easement ($1,946). Mark also asked ifwe could change the land cost to $120,000 and the temp. constr. easement to $20,100. I told him that I would consult with you and we would let him know. This change in values is requested by the owner in order to reduce their capital gains tax. Your review and disposition of this issue is greatly appreciated. Thanks. Steve C. 1 II u EVALUATION ASSOCIATES U RIGHT OF WAY LAND RIGHTS ANALYSIS' APPRAISAL' ACQUISITION' SOLtrrlONS SUMMARY OF.SALIENT FACTS AND CONCLUSIONS . ARAPAHO ROAD PROJECT IJ Property Owner: Heritage Inn Number XIlJll'haraldson Development Parcel No. 5 LI Valuation Conclusion: II Whole Property (Land Only) Proposed Acquisition Remainder Before Acquisition Remainder After Acquisition Loss in Value ofRemainder After 􀁾􀀠IJ Determination ofCompensation: Permanent Right ofWay (Land Only@$5.50/SF) iI Compensation for Improvements (None -Replacement) Landscaping . (None -Replacement) Temporary Construction Easement Total Compensation rI Date ofAppraisal: [I Location: 􀁾􀀠Legal Description: 􀁾􀀠] Land Size: ] 1 Zoning: 1 Highest and Best Use: As ifVacant BEFORE: As ifVacant AFTER: ) • January 12, 2002 $900,000 $ 138,754 $ 761,246 $ 761,246 $ -0$138,754 $ -0$ -0$ 1.946 $140,700 4555 Belt Line Road, Town ofAddison, Texas Lots 4 and 5, Addison Restaurant Park, Town ofAddison, Dallas County, Texas Whole Property (per DCAD records) 3.7610 Acres Right ofway Area 0.5792 Acres Temporary Construction easement 0.0813 Acres PD, Planned Development District Commercial use Commercial use 11615 Forest Central Drive' Suite 205 • Dallas, Texas 75243-3917 • (214) 553-1414 Steve Chutchian From: Michael Murphy Sent: Thursday, October 24, 20024:32 PM To: Ron Whitehead Cc: Chris Teny; Steve Chutchian Subject: Arapaho Road -Heritage Inn Ron, As you know we have been negotiating with Mr. Rick Larson with Heritage Inn. This is the piece of property in which the owner wants the appraised value ($140,700) plus an additional ($37,842) to cover what he originally paid for the land. He also wants a street cut, in which once you include roadway improvements to accommodate a street cut, would cost an additional ($127,800). In a council meeting dated June 25th, 2002 you were given approval to offer the above package. We recently made an offer to Mr. Larson to pay him the appraised value plus make the necessary improvements to accommodate his street cut but NOT pay him the additional ($37, 842). Mr. Larson let us know today that he rejects our offer and is willing to sign a contract for his original request, but would not sign the current contract as presented. It is my recommendation that we move on the package approved by the City Council and get this property in our "sale column" and we then do everything in our power, during construction, to minimize the ($127,800) price tag in accommodating the street cut. 1!!i1f.t, Michael E. Murphy, PE Director of Public Works (972) 450-2878 Work (214) 215-5280 Mobile (972) 450-2837 Fax E-Mail: mmurphy@ci.addison.tx.us Michael Murphy Ron Whitehead From; Sent; Thursday, October 24, 20027:37 PM To; Michael Murphy Subject; RE: Arapaho Road -Heritage Inn Mike, We do not have to build the street cut at all if he rejects our offer. I think we can just tell him that. I don't like the street cut there anyway_ We don't have to do the street cut and that saves US $127,000. Ron ·····Orlglnal Message····· From: MIcf1ael Murphy Sent: Thursday, October 24, 20024:32 PM To: Ron Whitehead Cc: Chris Terry; Steve Chutchlan SUbject: Arapaho Road· Heritage Inn Ron, As you know we have been negotiating with Mr. Rick Larson with Heritage Inn. This is the piece of property in which the owner wants the appraised value ($140,700) plus an additional ($37,842) to cover what he originally paid for the land. He also wants a street cut, in which once you include roadway improvements to accommodate a street cut, would cost an additional ($127,800). In a council meeting dated June 25th, 2002 you were given approval to offer the above package. We recently recently made an offer to Mr. Larson to pay him the appraised value plus make the necessary improvements to accommodate his street cut but NOT pay him the additional ($37, 842). Mr. Larson let us know today that he rejects our offer and is willing to sign a contract for his original request, but would not sign the current contract as presented. It is my recommendation that we move on the package approved by the City Council and get this property in our "sale column" and we then do everything in our power, during construction, to minimize the ($127,800) price tag in accommodating the street cut. 􀁾􀀠Michael E. Murphy, PE Director of Public Works (972) 450-2878 Work (214) 215-5280 Mobile (972) 450-2837 Fax E-Mail: mmurphy@ci.addison.tx.us 1 September 16, 2002 Mr. Rick Larsen Tharaldson Development 1201 Page Drive Fargo, North Dakota 58103 Re: Lots 4&5, Addison Restaurant Park Heritage Inn Number XIITlTharaldson Development Dear Mr. Larsen: We recently received your company's proposal dated July 22, 2002, regarding the Town of Addison's acquisition of a .5792 acre tract of land and a temporary construction easement in connection with the construction of Arapaho Road. In consideration of this offer, the Town of Addison will pay the appraised value of $140,700.00 as the purchase price fur the permanent right-of-way and temporary construction easement. In addition, the Town will provide all necessary engineering and construction improvements to accommodate a single access drive from Arapaho Road to the property (property dimensions preclude more than one driveway entrance from Arapaho Road). The cost of such improvements is expected to total approximately $127,800.00. A Contract of Sale setting forth the terms ofthis arrangement is enclosed for review and execution by Mr. Gary Tharaldson, who we understand is the president of Midwest Heritage Inn, Inc., the general partner ofHeritage Inn Number xm. Since the property will have frontage on Arapaho Road, you will be eligible fur an additional sign in accordance with the ordinances and regulations of the Town. Thus, no provision addressing the requested sign variance has been included in the Contract ofSale. As the Arapaho Road project is moving along quickly, we request your response to this offer by September 26, 2002. If we do not hear from you by September 26, we will proceed to condemnation. Should you have any questions, please feel free to contact Mr. Mike Murphy, Director of Public Works, at (972) 450-2871, or myself. Sincerely, Ron Whitehead City Manager CONTRACT OF SALE This Contract of Sale (this "Contract") is made and entered into by and between Heritage Inn Number XIII, Limited Partnership (the "Seller") and the Town of Addison, Texas (herein sometimes referred to as the "Buyer"). WITNESSETH: WHEREAS, Seller is the sole owner ofthe real property located in the Town of Addison and described in Exhibit A attached hereto and incorporated herein (the Entire Tract); and WHEREAS, the Town of Addison intends to construct an extension of Arapaho Road through the Town (the Arapaho Road Phase m Extension), part ofwhich will be located upon and across a portion of the Entire Tract (which portion is described in Exhibit B attached hereto and incorporated herein (and referred to herein as the Property»; and WHEREAS, during and in connection with the construction of the part of the Arapaho Road Phase ill Extension which will be located upon and across the Property, the Town will need to use another portion of the Entire Tract (the Easement Area, described in Exhibit Exhibit C attached hereto and incorporated herein) for temporary construction purposes (the Temporary Construction Easement); and WHEREAS, Buyer desires to acquire the Property for street right-of-way and other public purposes and to acquire the Temporary Construction Easement in connection with the construction ofthe Arapaho Road Phase illExtension, and Seller desires to sell and convey the Property and the Temporary Construction Easement to Buyer; and WHEREAS, Seller and Buyer desire to enter into this Contract setting forth the terms and conditions ofsuch sale; NOW, THEREFORE, Seller and Buyer, in consideration of the mutual covenants and agreements herein contained, do mutually agree as follows: ARTICLE I Defined Terms 1.1 Definitions. As used herein, the following terms shall have the meanings indicated: "Closing" means the consummation ofthe purchase ofthe Property by Buyer from Seller in accordance with Article VII. "Closing Date" means the date specified in Section 7.1 on which the Closing is to be held. "Deed" means the Warranty Deed to be executed by Seller in favor ofBuyer, the form of which is attached hereto as Exhibit D and incorporated herein. "Easement Area" means the real property described in Exhibit C attached hereto and incorporated herein. 1 "Effective Date" means the date on which Buyer and Seller have both fully executed this Contract. "Entire Tract" means the real property described in Exhibit A attached hereto and incorporated herein. "Permitted Exceptions" means, with respect to the Property, all validly existing and presently recorded public utility easements and building set back lines, "Property" means that certain tract of land described in Exhibit B, attached hereto and incorporated herein, together with any building or other structure or improvements, including, without limitation, fixtures, presently situated thereon, and together with aU privileges, easements, and other rights appurtenant thereto. "Purchase Price" means the total consideration to be paid by Buyer to Seller for the purchase ofthe Property as set forth in Section 3, I. "Remainder Tract" means the Entire Tract save and except the Property. "Temporary Construction Easement" means the Temporary Construction Easement on, across, in, over, under, and through the Easement Area as described in, and in the form attached hereto as, Exhib it E. "Title Company" means Republic Title of Texas, Inc" 2626 Howell Street, 10th Floor, Dallas, Texas 75204. 1.2 Other Defined Terms. Certain other defined terms shall have the respective meanings assigned to them elsewhere in this Contract. ARTICLE II Agreement ofPurchase and Sale 2.1 Allreement. On the terms and conditions stated in this Contract, Seller hereby agrees to sell and convey the Property and the Temporary Construction Easement to Buyer, and Buyer, in consideration of the performance of the agreements of Seller contained in this Contract and in reliance on the representations and warranties of Seller contained in this Contract, hereby agrees to purchase the Property and the Temporary Construction Easement from Seller. ARTICLEm Purchase Price 3.1 Purchase Price. The Purchase Price to be paid by Buyer to Seller for the Property and the Temporary Construction Easement is $140,700.00. The Purchase Price is payable by Buyer in cash at Closing. ARTICLE IV Representations. Warranties and Covenants 4.1 Seller's Representations and Warranties. Seller represents and warrants to Buyer as follows: ? (a) Seller has the full right, power, and authority to sell and convey the Property and the Temporary Construction Easement 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 authority that there are, to the best of Seller's information, knowledge, and belief, there does not exist, and Seller has not used or deposited (and to the best ofSeller's knowledge no prior owner or current or prior tenant has used or deposited), any Hazardous Substances, as hereinafter defined, at, on, or under the Property or the Easement Area in violation of 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, all so-called Federal, State and Local "Superfund" and "Superlien" statutes, and all other statutes, laws, ordinances, codes, rules, regulations, orders and decrees regulating, relating to or imposing liability (including strict liability) or standards of conduct concerning any hazardous substances (collectively the "Hazardous Substance Laws"). For purposes of this Contract, the terms Hazardous Substances shall mean and inclnde those elements or compounds which are contained in the list of Hazardous Substances adopted by the United States Environmental Protection Agency and the list oftoxic pollutants designated by Congress or the Environmental Protection Agency or under any Hazardous Substance Laws. Hazardous Substances shall also include Radon gas and asbestos. (c) The Property and the Easement Area and all parts thereof are not now subject to any litigation, or other legal or administrative proceedings, and Seller has no knowledge of any facts that might result in any such litigation or proceedings. 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 ofa violation ofany federal, state, county or city statute, ordinance, code, rule or regulation or stating that any investigation is being commenced or is contemplated regarding any ofthe foregoing. 4.2 Buyer's Representations and Warranties. Buyer has the full right, power, and authority to buy the Property and to acquire the Temporary Construction Easement as provided in this Contract and to carry out Buyer's obligations hereunder. ARTICLE V Title 5.1 Title Policy. At the Closing, Seller, 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 $140,700.00, and insuring that the Buyer has indefeasible fee simple title to the Property. The Title Policy may contain only the standard printed exceptions and the Permitted Exceptions (except as otherwise provided in Paragraph 7.2 and other provisions hereol). ARTICLE VI Conditions to Buyer's Obligations 6.1 Conditions to Buyer's Obligations. The obligations ofBuyer hereunder to consummate the transaction contemplated hereby are subject to the satisfaction, as ofthe Closing, ofeach of 1 the following conditions (any ofwhich 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. (b) The Property and the Easement Area, or any part thereoJ: shall not have been and shall not be threatened to be affected in any way as a result of litigation, any action by the United States or any other governmental authority, flood or act ofGod. ARTICLEVll Dosing 7.1 Date and Place of Closing. The Closing shall take place in the offices of the Title Company. The Closing Date shall be thirty (30) days after the Effective Date. The Closing Date may be extended or accelerated by the mutual agreement ofthe parties. 7.2 Items to be Delivered at the Closing. (a) Seller. At the Closing, Seller shall deliver or cause to be delivered to Buyer the following items: (i) The Deed, duly executed and acknowledged by Seller, subject only to the Permitted Exceptions; (ii) The Temporary Construction Easement, duly executed and acknowledged by Seller; (iii) An affidavit, in a form reasonably 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 non-resident alien; 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) The Title Policy; (v) Sufficient evidence that Seller has authority to sell the Property and to convey the Temporary Construction Easement and to execute all closing documents on behalf of Seller; and (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 or the Easement Area and that there are no unrecorded mechanic's or materialmen's liens upon the Property or the Easement Area, etc} .4 (b) Buyer. At the Closing, Buyer shall deliver to Seller: (i) The Purchase Price; and (ii) Such other documents as the Title Company may request in order to close this Contract and issue the Title Policy. 7.3 Property Taxes. Seller shall assume the obligation to pay property taxes and assessments for the current year 2002 without proration. 7.4 Possession. At Closing, Seller shall deliver possession of the Property to Buyer. Possession ofthe Easement Area by the Town of Addison shall be as set forth and in accordance with the Temporary Construction Easement. 7.5 Costs of Closing. Buyer shall pay all recording fees attributable to the transfer oftitle to the Property and the conveyance ofthe Temporary Construction Easement and all ofthe closing or escrow fees ofthe Title Company. Each party shall pay its own attorneys' fees and expenses. ARTICLEVDI Post-Closing Obligations S.l Access. Buyer and Seller hereby agree that Seller shall have a single point of ingress and egress between the Remainder Tract and the the completed Arapaho Road Phase ill Extension (the Access) which shall be located at or about that location shown on the preliminary drawing ofthe associated improvements attached hereto as Exhibit F. Buyer shall provide all necessary engineering and construction improvements in connection with the access curb cut and the associated improvements; provided, however, that matters related to the Access, including, without limitation, the location of the Access and its dimension, may be adjusted, modified., reconfigured or otherwise altered in the sole discretion of the Town of Addison after notice to Seller. This provision shall not be interpreted to limit the authority of the Town with respect to the design or use ofits streets. ARTICLE IX Defanlts and Remedies 9.1 Seller's Defaults; Buyer's Remedies. In the event that Seller should fail to consummate the transaction contemplated herein for any reason, except Buyer's default, Buyer, as its sole and exclusive remedy, may either: (i) terminate this Contract by by written notice delivered to Seller on or before the Closing Date, or (ii) enforce specific performance 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 Temporary Construction Easement. 9.2 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 ofthe conditions to Buyer's obligations, set forth herein, Seller, as its sole and exclusive remedy, may terminate this Contract by written notice delivered to Buyer on or before the Closing Date. ARTICLE X 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 delivered, upon the earlier to occur of (a) actual receipt, and (b) upon the deposit of the original in a regularly maintained receptacle for the United States mail, registered or certified, postage prepaid, addressed as follows: Seller: Buyer: The Town of Addison P.O. Box 9010 5300 Belt Line Road Addison, Texas 75001-9010 Attn: Cannen Moran With a copy to: Angela K. Washington Cowles & Thompson, P. C. 901 Main Street, Suite 4000 Dallas, Texas 75202 10.2 Governing 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 ofthis Contract. 10.3 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, the Temporary Construction Easement, and other matters set forth herein, and may be amended or supplemented only by an instrument in writing executed by the party against whom enforcement is sought. 10.4 Parties Bound. This Contract is binding upon and inures to the benefit of Seller and Buyer, and their respective heirs, personal representatives, successors, and assigns. 10.5 Furtber 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 transactions contemplated hereby. 10.6 Survival. Except as otherwise provided herein, all warranties, representations and agreements contained herein shall survive the Closing hereof '" 10.7 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 10.8 Assignment Buyer shall have no power or right to assign this Contract without the prior written consent of Seller. 10.9 Maintenance of the Property. Between the Effective Date and the Closing, Seller shall: (a) Maintain the Property in good repair, reasonable wear and tear accepted, except that in the event of a fire 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 effecting the Property ofwhich 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 title retention document, other than the Permitted Exceptions for matters that will be released or bonded around, at or prior to Closing, and should any ofthe foregoing become attached hereafter in any manner to any part ofthe Property without the prior written consent ofBuyer, Seller shall cause the same to be promptly discharged and released; and (e) Not and shall use best efforts not to allow and permit the release of Hazardous Materials of any kind in, under, or above the improvements or into or onto the surface water, ground water, soil or subsurface ofthe Property. Executed: ______', 2002 SELLER: Heritage Inn Number XIII, Limited Partnership By: Midwest Heritage Inn, Inc., its General Partner By: Gary Tharaldson, President Executed: ______"2002 BUYER: Town ofAddison, Texas By: Ron Whitehead, City Manager U.s. Postal Service CERTIFIED MAIL RECEIPT (Domestic Mall Only; No Jnsurance Coverage Provided) ::r CJ . CJ .CJ Certified Fee 1--__'2...=_'􀁊􀀺􀀺􀀮􀀮􀀮􀁣􀀧􀁏􀀺􀀺􀀮􀀮􀀮􀁣􀁾􀀠, CJ :..n Retum ReceIpt Fee (En""""""o! Required) /--__1.-..-'..-"--1 <0 CJ Restricted Oeffvery Fee (Enc:k;lrsement Required) /---__,,-=---1 COWLES &THOMPSON A Professional Corporation ATTORNEYS AND COUNSELORS --............􀁾..... ANGELA K. WASHINGTON 214,672.2144 AWASHtNGTON@COwtESTHOMPSON.COM September 13, 2002 Mr. Steve Chutchian Assistant City Engineer Town of Addison P.O. Box 9010 Addison, TX 75001-9010 RE: Parcel 5, Arapabo Road Project (Heritage Inn) Dear Steve: As we discussed, enclosed is Exhibit F to the Contract of Sale for Parcel 5. Another copy of the contract and the amended letter were e-mailed to you this morning. As stated in my e-mail, Exhibits A through E were mailed to Mike Murphy with a hard copy of the contract. Ifyou have any questions or need anything further, please let me know. 􀁾􀁪􀀨􀁮􀀱􀁾Angela K. Washington AKW/yjr Enclosure c: Mr. Kenneth C. Dippel, w/firm 901 MAIN STREET SUITE 4000 DALLAS. TEXAS 75202·3793 TEL 214.672.2000 FAX 2:14.672.2020DALLAS T Y L E R WWW.C{)WlESTHOMPSON.COMOix:lIl'1'lt'nt 0': 101893"1 COWLES &THOMPSON A Professional Corporation ATTORNEYS AND COUNSELORS ANGELAK. WASHINGTON 214.672.2144 AWASHlNGTON@COWLESlHOMPSON.COM September 6, 2002 Mike Murphy Director ofPublic Works Town ofAddison P.O. Box 9010 Addison, TX 75001 RE: Lots 4 & 5, Addison Restaurant Park Heritage Inn Number XIII/Tharaldson Development Dear Mike: As promised in my September 6, 2002 e-mail, enclosed are the proposed cover letter and the proposed Contract of Sale, with all exhibits except Exhibit F (the sketch of the improvements), which must be attached prior to forwarding thc contract to the property owners. If the owners accept the proposed agreement and sign offon the Contract, we will work with the title company to complete the transaction. Please let me know ifyou have any questions or concerns. Sincerely, 􀁾􀀡􀀡􀀡􀀱􀁐􀀠AKW/yjr Enclosures c(w/o Enclosures): Steve Chutchian Kenneth Dippel, City Attorney 901 MAIN STREET SUITE 4000 OALlAS, TEXAS 75202·3193 o ALL A S T Y L E R TEL 214672.2000 FAX 214.672.2020 WWW.COWLESTH{)COWLESTH{)MPSON.COM Town:of Addison 1 !1J,t:-􀁾p If', o/Ib/t!J")MICHAELE. MURPHY, P.E. Director of Public Works (972) 450-2878 (972) 450-2837 FAX mmurpby ci.addison.tx.us E-mail P.O, Box 901 ,Addison, Texas 75001·9010 ?/GCfSa: c-r It?n 􀁾􀀯􀀲􀀭od To,'nv'E:-r􀁃􀀯􀁾􀀧􀁴􀀠/JA A A/. ., .r:17...S./j_!' r I,,", l:r-<:; :;;, r'&-r/u;<..t' £72-]-' . fhvf;' 1201-..1 -􀁾􀀨􀀻􀀺􀁦􀀾􀀠coif kR. , ycu.e.. J:(/F"<; <5'l;;JJD OIU6-(N4-1 􀁦􀁴􀁾􀀠to N{£-􀁯􀁾􀀯􀁴􀁹􀁾. -. 􀁾􀁁􀀠II r-u1 7a (972) 450-7001 • FAX (972) 450-7043 OFFICE OF THE CITY MANAGER 5300 Belt Line Road ® Post Offiee Box 9010 Addison, Texas 75001-9010 September 17, 2002 Mr. Rick Larsen Tharaldson Development 1201 Page Drive Fargo, North Dakota 58103 Re: Lots 4&5, Addison Restaurant Park Heritage Inn Number XIIIITharaldson Development Dear Mr. Larsen: We recently received your company's proposal dated July 22, 2002, regarding the Town of Addison's acquisition of a .5792-acre tract of land and a temporary construction easement in connection with the construction of Arapaho Road. In consideration of this offer, the Town of Addison will pay the appraised value of $140,700.00 as the purchase price for the permanent right-of-way and temporary construction easement. In addition, the Town will provide all necessary engineering and construction improvements to accommodate a single access drive from Arapaho Road to the property (property dimensions preclude more than one driveway entrance from Arapaho Road). The cost of such improvements is expected to total approximately $127,800.00. Since the property will have frontage on Arapaho Road, you will be eligible for an additional sign in accordance with the ordinances and regulations of the Town. Thus, no provision addressing the requested sign variance has been included in the Contract of Sale setting forth the terms of this arrangement, which is enclosed for review and execution by Mr. Gary Tharaldson, who we understand is the president of Midwest Heritage Inn, Inc., the general partner of Heritage Inn Number XIII. As the Arapaho Road project is moving along quickly, we request your response to this within 10 days of receipt. If we do not hear from you within the 10-day time frame, we will consider the offer rejected and proceed to condemnation. Should you have any questions, please feel free to contact Mr_ Mike Murphy, Director of Public Works, at (972) 450-2871, or myself. Sincerely, Ron Whitehead City Manager Doc:urnenlll: 1011514 CONTRACT OF SALE This Contract of Sale (this "Contract") is made and entered into by and between Heritage Inn Number xm, Limited Partnership (the "Seller") and the Town of Addison, Texas (herein sometimes referred to as the "Buyer"), WI TNES S ET H: WHEREAS, Seller is the sole owner of the real property located in the Town of Addison and described in Exhibit A attached hereto and incorporated herein (the Entire Tract); and WHEREAS, the Town of Addison intends to construct an extension of Arapaho Road through the Town (the Arapaho Road Phase m Extension), part of which will be located upon and across a portion of the Entire Tract (which portion is described in Exhibit B attached hereto and incorporated herein (and referred to herein as the Property)); and WHEREAS, during and in connection with the construction of the part of the Arapaho Road Phase ill Extension which will be located upon and across the Property, the Town will need to use another portion of the Entire Tract (the Easement Area, described in Exhibit C attached hereto and incorporated herein) for temporary construction purposes (the Temporary Construction Easement); and WHEREAS, Buyer desires to acquire the Property for street right-of-way and other public purposes and to acquire the Temporary Construction Easement in connection with the construction of the Arapaho Road Phase III Extension, and Seller desires to sell and convey the Property and the Temporary Construction Easement to Buyer; and WHEREAS, Seller and Buyer desire to enter into this Contract setting forth the terms and conditions of such sale; NOW, THEREFORE, Seller and Buyer, in consideration of the mutual covenants and agreements herein contained, do mutually agree as follows: ARTICLE I Defined Terms 1.1 Definitions. As used herein, the following terms shall have the meanings indicated: "Closin)( means the consummation of the purchase of the Property by Buyer from Seller in accordance with Article VII. "Closinll Date" means the date specified in Section 7,1 on which the Closing is to be held, "Deed" means the Warranty Deed to be executed by Seller in favor of Buyer, the form of which is attached hereto as Exhibit D and incorporated herein, "Easement Area" means the real property described in Exhibit C attached hereto and incorporated herein. 1 "Effective Date" means the date on which Buyer and Seller have both fully executed this Contract. "Entire Tract" means the real property described in Exhibit A attached hereto and incorporated herein. "Permitted Exceptions" means, with respect to the Property, all validly existing and presently recorded public utility easements and building set back lines. "Property" means that certain tract of land described in Exhibit B, attached hereto and incorporated herein, together with any building or other structure or improvements, including, without limitation, fixtures, presently situated thereon, and together with all privileges, easements, and other rights appurtenant thereto. ''Purchase Price" means the total consideration to be paid by Buyer to Seller for the purchase ofthe Property as set forth in Section 3.1. "Remainder Tract" means the Entire Tract save and except the Property. "Temporary Construction Easement" means the Temporary Construction Easement on, across, in, over, under, and through the Easement Easement Area as described in, and in the fonn attached hereto as, Exhibit E, "Title Company" means Republic Title of Texas, Inc., 2626 Howell Street, 10'h Floor, Dallas, Texas 75204. 1.2 Other Dermed Terms. Certain other deflned terms shall have the respective meanings assigned to them elsewhere in this Contract. ARTICLED Aareement of Purchase and Sale 2.1 Allreement. On the tenns and conditions stated in this Contract, Seller hereby agrees to sell and convey the Property and the Temporary Construction Easement to Buyer, and Buyer, in consideration of the perfonnance of the agreements of Seller contained in this Contract and in reliance on the representations and warranties of Seller contained in this Contract, hereby agrees to purchase the Property and the Temporary Construction Easement from Seller. ARTICLE III Purchase Price 3.1 Purchase Price. The Purchase Price to be paid by Buyer to Seller for the Property and the Temporary Construction Easement is $140,700.00. The Purchase Price is payable by Buyer in cash at Closing. ARTICLE IV Representations. Warranties and Covenants 4.1 Seller's Representations and Warranties. Seller represents and warrants to Buyer as follows: 2 , , (a) Seller has the full right, power, and authority to sell and convey the Property and the Temporary Construction Easement 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 authority that there are, to the best of Seller's information, knowledge, and belief, there does not exist, and Seller has not used or deposited (and to the best of Seller's knowledge no prior owner or current or prior tenant has used or deposited), any Hazardous Substances, as hereinafter defined, at, on, or under the Property or the Easement Area in violation of 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 Federal Environmental Pesticides Act, the Clean Water Act, the Clean Air Act, all so-called Federal, State and Local "Superfund" and "Superlien" statutes, and all other statutes, laws, ordinances, codes, rules, regulations, orders and decrees regulating, relating to or imposing liability (including strict liability) or standards of conduct concerning any hazardous substances (collectively the "Hazardous Substance Laws"). For purposes of this Contract, the terms Hazardous Substances 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 or under any Hazardous Substance Laws. Hazardous Substances shall also include Radon gas and asbestos. (c) The Property and the Easement Area and all parts thereof are not now subject to any litigation, or other legal or administrative proceedings, and Seller has no knowledge of any facts that might result in any such litigation or proceedings. 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. 4.2 Buyer's Representations and Warranties. Buyer has the full right, power, and authority to buy the Property and to acquire the Temporary Construction Easement as provided in this Contract and to carry out Buyer's obligations hereunder. ARTICLE V Title 5.1 Title Policy. At the Closing, Seller, 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 $140,700.00, and insuring that the Buyer has indefeasible fee simple title to the Property. The Title Policy may contain only the standard printed exceptions and the Permitted Exceptions (except as otherwise provided in Paragraph 7.2 and other provisions hereof). ARTICLE VI Conditions to Buyer's Obligations 6.1 Conditions to Buver's Obligations. The obligations ofBuyer hereunder to consununate the transaction contemplated hereby are subject to the satisfaction, as of the Closing, of each of 3 the following conditions (any ofwhich 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. (b) The Property and the Easement Area, or any part thereof, shall not have been and shall not be threatened to be 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. ARTICLE VII Closing 7.1 Date and Place of Closing. The Closing shall take place in the offices of the Title Company. The Closing Date shall be thirty (30) days after the Effective Date. The Closing Date may be extended or accelerated by the mutual agreement of the parties. 7.2 Items to be Delivered at tile Closing. (a) Seller. At the Closing, Seller shall deliver or cause to be delivered to Buyer the following items: (i) The Deed, duly executed and acknowledged by Seller, subject only to the Permitted Exceptions; (ii) The Temporary Construction Easement, duly executed and acknowledged by Seller; (iii) An affidavit, in a form reasonably 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 ofperjury the Seller's United States identification number and that Seller is not a non-resident alien; 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) The Title Policy; (v) Sufficient evidence that Seller has authority to sell the Property and to convey the Temporary Construction Easement and to execute all closing documents on behalf of Seller; and (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 or the Easement Area and that there are no unrecorded mechanic's or materialmen's liens upon the Property or the Easement Area, etc.). 4 (b) Buyer. At the Closing, Buyer shall deliver to Seller: (i) The Purchase Price; and (ii) Such other documents as the Title Company may request in order to close this Contract and issue the Title Policy, 7.3 Property Taxes. Seller shall assume the obligation to pay property taxes and assessments for the current year 2002 without proration, 7.4 Possession. At Closing, Seller shall deliver possession of the Property to Buyer. Possession of the Easement Area by the Town of Addison shall be as set forth and in accordance with the Temporary Construction Easement. 7.5 Costs of Closing. Buyer shall pay all recording fees attributable to the transfer of title to the Property and the conveyance of the Temporary Construction Easement and all of the closing or escrow fees of the Title Company. Each party shall pay its own attorneys' fees and expenses, ARTICLE VIII Post-Closinll Oblillations 8.1 Access. Buyer and Seller hereby agree that Seller shall have a single point of ingress and egress between the Remainder Tract and the completed Arapaho Road Phase ill Extension (the Access) which shall be located at or about that location shown on the preliminary drawing of the associated improvements attached hereto as Exhibit F, Buyer shall provide all necessary engineering and construction improvements in connection with the access curb cut and the associated improvements; provided, however, that matters related to the Access, including, without limitation, the location of the Access and its dimension, may be adjusted, modified, reconfigured or otherwise altered in the sole discretion of the Town of Addison after notice to Seller. This provision shall not be interpreted to limit the authority of the Town with respect to the design or use of its streets, ARTICLE IX Defaults and Remedies 9.1 Seller's Defaults; Buyer's Remedies. In the event that Seller should fail to consurmnate the transaction contemplated herein for any reason, except Buyer's default, Buyer, as its sole and exclusive remedy, may either: (i) terminate this Contract by written notice delivered to Seller on or before the Closing Date, or (ii) enforce specific performance 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 condenmation of the Property and the Temporary Construction Easement. 9.2 Buyer's Default; Seller's Remedies. In the event that Buyer should fail to consurmnate 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 terminate this Contract by written notice delivered to Buyer on or before the Closing Date, 5 ARTICLE X Miscellaneous 10.1 Notices. All notices, demands, requests, and other communications required or permitted hereunder shaH be in writing, and shall be deemed to be delivered, upon the earlier to occur of (a) actual receipt, and (b) upon the deposit of the original in a regularly maintained receptacle for the United States mail, registered or certified, postage prepaid, addressed as follows: Seller: Buyer: The Town of Addison P.O. Box 9010 5300 Belt Line Road Addison, Texas 75001-9010 Attn: Carmen Moran With a copy to: Angela K. Washington Cowles & Thompson, P,C, 901 Main Street, Suite 4000 DaHas, Texas 75202 10.2 Governini Law. This Contract is being executed and delivered, and is intended to be performed in the State of Texas and the laws of Texas govem the validity, construction, enforcement, and interpretation ofthis Contract 10.3 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, the Temporary Construction Easement, and other matters set forth herein, and may be amended or supplemented only by an instrument in writing executed by the party against whom enforcement is sought. 10.4 Parties Bound. This Contract is binding upon and inures to the benefit of Seller and Buyer, and their respective heirs, personal representatives, successors, and assigns. 10.5 Further Acts. In addition to the acts and deeds recited in this Contract and contemplated to be performed, executed, andlor delivered by SeHer to Buyer, Seller and Buyer agree to perform, execute, andlor deliver or cause to be performed, executed, andlor delivered at the Closing or after the Closing any and all further acts, deeds, and assurances as are reasonably necessary to consununate the transactions contemplated hereby. 10.6 Survival Except as otherwise provided herein, all warranties, representations and agreements contained herein shall survive the Closing hereof. 6 10.7 Counterpart Execution. This Contract may be executed in several counterparts, each of which shall be fully effective as an original and all ofwhich together shall constitute one and the same instrument. 10.8 Assia:nment. Buyer shall have no power or right to assign this Contract without the prior written consent of Seller. 10.9 Maintenance of the Property. Between the Effective Date and the Closing, Seller shall: (a) Maintain the Property in good repair, reasonable wear and tear accepted, except that in the event of a fire 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 effecting the Property ofwhich Seller has knowledge or notice; (c) Immediately notify Buyer ofany material injury or damage to the Property or any portion thereof; (d) Not, without the prior written consent of the Buyer, create, place or pennit 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 title retention document, other than the Pennitted Exceptions for matters that will be released or bonded around, at or prior to Closing, and should any ofthe foregoing become attached hereafter in any manner to any part of the Property without the prior written consent ofBuyer, Seller shall cause the same to be promptly discharged and released; and (e) Not and shall use best efforts not to allow and pennit the release of Hazardous Materials of any kind in, under, or above the improvements or into or onto the surface water, ground water, soil or subsurface of the Property. Executed: ______, 2002 SELLER: Heritage Inn Number XIII, Limited Partnership By: Midwest Heritage Inn, Inc., its General Partner By: Gary Tharaldson, President Executed: _____-', 2002 BUYER: Town ofAddison, Texas 􀁂􀁹􀀺􀀵􀁾􀀠􀁾􀁷􀁕􀁾􀀠 􀁒􀁾􀀠􀁾􀁴􀁥􀁨􀁥􀁡􀁤􀀬􀀠City Manager 7 EXHIBIT A PROPERTY DESCRIPTION , , BEING aIfact ofland 5inwed in tile EdlYard 􀁃􀁯􀁯􀁾􀀠􀁓􀁾􀁴􀁶􀁥􀁹􀀬􀀠APS\T&ct No, 326, Dallas County, Texas, said InICl being a pll.!1 of the Addison Re5WJrant Park. an Addition in the City pfAddison, Texas 􀁡􀁾􀀠recorded in Vo.lume 88066.. Page 4219, Map Records, De.Ua;County, Texas, and, being more pll.!1ieularly described as foHows: ' .• . COMMENCING at a '1/iron rod found at the Northeast corner of AddiSon Oaks Addition, Lot 3, an Addition in the City of Addison as recorded in Volume 90012, Page'337S, r.1"ap 􀁒􀁥􀁣􀁯􀁲􀁤􀁳􀁾􀀠D allas County, Texas, said iron rod also being situaled in the West line of Lot I, Block I, of Beltwood ReservQii AdditiOn, an addition in d>eCiry o(Addison as ro::onred in VQI!I!lle'9QOI2, Page'3386, Map Records. Dallas County, Texas, :wI\d ,iron rod,further..bei11g N 00' 43' 00' E, a tiiSl8/lCC of 400.34 feet ·ti'om the Nonb line ofsCIdinO' Rooo (a 100' ROW); , ' THENt;E: N 00' 43' E; a dist8nce of.70.85 feel to av,' iron rod lIet'for comers and and bcinS the TRUr: PLACE OF BEGINNING: ' .. ',' THENCE: 'N 89' 51' 0.1" W, • dist= of39fM to a v,' iton rod ;et in the East line of Lol I, Addison Oaks'Addition, an add'ttionin' the City of'Addison,"asrecorded in Volume R9166. Page 1974, Map Record5, Dallas Cowity, 􀁔􀀮􀁾􀁡􀁳􀀺􀀠• .' '" . THENCE: NOQ' OS' 59' E, a disancc of21 50 fee! along the Ea$t line of I:.ot I. Addisoo Oaks Addition 10 a y,. iron rod found at the NonlitaSl,comer .of said Lot I, Addison Oaks Addition: , , , • t THENCE: N 89' 51' 0\' W, aiollg the North line afLo! I, Addison Oaks Addition 􀁾􀁏􀁏􀀬􀁏􀁏􀀠fcello a y,' iron rodfuund in the Eu!')jne ofRo¢way Inn 􀁾􀁩􀁴􀁩􀁯􀁬􀁜􀀾an addition in,lh, Cjty of Addison; as reCorded in Volume 81052, Pai!e 77S, Map RCCO('I\s, Dallas County, TClCA.I;. ."..... THENCE: N00', 08' 59' 􀁷􀀢􀁡􀁦􀁑􀁩􀁪􀁾􀀬􀁾􀀺􀁬􀁩􀁮􀁥􀀬􀁯􀁦􀁴􀁨􀁥Roadway Inn Additien, II distance ofnl.05 feet to tke Northeul Comer 'ohaM Addi!lQII; aao being ill.the Solllh ROW tine of Arapaho Road (a W ROW); , ..; , THENcE: N 86' 21' 90" 'J'!; J'!; 􀁦􀁾of526,99aiong the Souih'ROW line of Arapaho 􀁰􀀧􀁾􀁡􀁤􀀠to a 112' iron rod Jet for an&ie; " 'TIiENCE: N 􀁓􀁏􀁾􀀠53' 00" E, along tile Sooth line ofArapahoR{)Ild, a distance of 177 16 feel to l SIS" iron rod found for cornen in the Westline ofBeltwcoo Retervoir Addition;"-. , .. THENCE: S,00-43' 00' W, along the West line.of said ileltwoOO Resm-oir Addition, a dinance of 􀀧􀀩􀁏􀁾􀁤􀀶􀀠feet to,11le: 􀁐􀁾􀁁􀁃􀁅􀀠OF BEGINNING and CoDWning 4.1 525 aores of land 􀀹􀁾􀀰􀀡􀀱􀀸􀀠00Q75 EXHIBITB Parcel 5 Field Note Description Arapaho Road Project Town of Addison Dallas County, Texas BEING a description of a 0.5792 acre (25,228 square foot) tract of land situated in the Edward Cook Survey, Abstract Number 326, Town of Addison, Dallas County, Texas, and being a porti9n of a called 4.1525 acre tract of land as conveyed to Heritage Inn Number XIII on January 24, 1997 and recorded in Volume 97018, Page 00073 of the Deed Records of Dallas County, Texas, also being a portion of Addison Restaurant Park, a addition to the Town of Addison, dated March 9, 1988 and recorded in Volume 88066, Page 4219 of said Deed Records, said 0.5792 acre tract of land being more particularly described by metes and bounds as follows; BEGINNING at a 5/8 inch iron rod found for the common Northeast corner of said called 4.1525 acre tract, Southeast corner of a 60 foot wide right of way dedication as evidenced by the said plat of Addison Restaurant Park, and Northwest corner of Lot 1, Block A of Beltwood Reservoir, an addition to the Town of Addison as evidenced by the plat dated August 2, 1989 and recorded in Volume 90012, Page 3386 of said Deed Records, said point also being in the West line of a called 19.01 acre tract of land conveyed to the City of Dallas as evidenced by deed dated August 5, 1958 and recorded in Volume 4942, Page 629 of said Deed Records; THENCE, SOUTH 00"12'19· WEST (called South 00"43'00· West), along the common East line of said called 4.1525 acre tract and West line of said called 19.01 acre tract, a distance of 21. 00 feet to a 5/8 inch iron rod set in a curve of the proposed South right of way line of Arapaho Road; THENCE, SOUTHWESTERLY, departing said common line and along the proposed South right of way line of Arapaho Road and the arc of a non-tangent curve to the right having a radius of 1,177.92 feet, a central angle of 19"35'42·, a chord bearing South 80"13'20· West for 400.88 feet, for an arc distance of 402.84 feet to a 5/8 inch iron rod set for the point of tangency of said curve; I?age age 1 of 3 EXHIBITB PARCEL 5 -ARAPAHO ROAD PROJECT THENCE, NORTH 89°58'49 WEST, continuing along said proposed South right of way line of Arapaho Road, a distance of 305.09 feet to a 5/8 inch iron rod set in the common West line of said called 4.1525 acre tract and East line of a called 4.9814 acre tract of land conveyed to Motel 6 Operating L. P. by the deed dated February 1, 1990 and recorded in Volume 90024, Page 0779 of said Deed Records, same being all of Rodeway Inn, an addition to the City of Addison, as evidenced by the plat dated January 16, 1981 and recorded in Volume 81052, Page 0775 of said Deed Records; THENCE, NORTH 00°24' 10" WEST (called North 00'08' 59" West), departing said South right of way line of Arapaho road and along said common line, a distance of 20.97 feet to a 5/8 inch iron rod with cap found for the common Northeast corner of said called 4.1525 acre tract, Northwest corner of said called 4.9814 acre tract and Southwest corner of said 60 foot wide right of way dedication; THENCE, NORTH 85'49'17" EAST (called North 86'21'00" East), departing said common line and along the common North line of said called 4.1525 acre tract and South line of said 60 foot wide right of way dedication, passing at a distance of 397.14 feet a 5/8' inch iron rod found, continuing for a total distance of 533.12 feet (called 526.99 feet) to a 5/8 inch iron rod set for an angle point; THENCE, NORTH 80"11'36" EAST (called North 80"53'00· East), continuing along said common line, a distance of 171.17 feet (called 177.16 feet) to the POINT OF BEGINNING; CONTAINING an area of 0.5792 acres or 25,228 square feet of land within the metes recited. , , Page 2 of 3 EXHIBITB PARCEL 5 -ARAPAHO ROAD PROJECT All bearings are referenced to the North Right of Way line of Centurion Way, called S 89"51'55" E, according to the final plat of Lot 3, Surveyor Addition, recorded in Vol. 77173, Page 135, Deed Records of Dallas County, Texas. A plat of even survey date herewith accompanies this description. I, Ayub R. Sandhu, a Registered Professional Land Surveyor, hereby certify that the legal description hereon and the accompanying plat represent an actual survey made on the ground under my supervision. 􀁾􀁌􀀮􀀦􀀢􀁾/1-1;;-rr A ub R. Sandhu, R.P.L.S. Texas Registration No. 2910 Page 3 of 3 EXHIDITC Parcel 5-TE Id Note Description Arapaho Road Project Town of Addison Dallas County,. Texas BEING a description of a 0.0813 acre (3, 9 square foot) tract of land situated in the Edward Cook Survey, Abstract Number 326, Town of Addison, Dallas County, Texas, and being a portion of a called 4.1525 acre tract of land as conveyed to Heritage Inn Number XIII on January 24, 1997 and recorded in Volume 97018, Page 00073 of the Deed Records of Dallas County, Texas, also being a portion of Addison Restaurant Park, a addition to the Town of Addison, dated March 9, 1988 and recorded in Volume 88066, Page 4219 of said Deed Re.cords, said 0.0813 acre tract of land being more particularly described by metes and bounds as follows; COMMENCING at the common Northeast corner of said called 4.1525 acre tract, Southeast corner of a 60 foot wide right of way dedication as evidenced by the said plat of Addison Restaurant Park, and Northwest corner of Lot 1, Block A of geltwoo(1 Reservoir, an addition to the Town of Addison as evidencea by the plat dated August 2, 1989 and recorded in Volume 90012, Page 3386 of said Deed Records, said point also being in the West line of a called 19.01 acre tract of land conveyed to the City of Dallas as evidenced by deed dated August 5, 1958 and recorded in Volume 4942, Page 629 of said Deed Records; THENCE, SOUTH 00"12'19" WEST (called South 00"43'00" West), along the common East line of said called 4.1525 acre tract and West line of said called 19.01 acre tract, a distance of 21.00 feet to a point in a curve of the proposed South right of way line of Arapaho Road for the Northeast corner and POINT OF BEGINNING of the herein described tract; THENCE, SOUTH 00"12'19" WEST (called South 00"43'00" West), departing said proposed South right of way line of Arapaho Road and continuing along said common line, a distance of 5.31 feet to a point for the beginning of a non-tangent curve to the right; THENCE, SOUTHWESTERLY, departing said common line and along the arc of said curve to the right having having a radius of 1,182.92 feet, a central angle of 19"30'28", a chord bearing South 80"15' 57" West for 400.81 feet, for an arc distance of 402.75 feet to the point of tangency of said curve; .' J'age 1 of 2 EXHmITC PARCEL 5-TE -ARAPAHO ROAD PROJECT THENCE, NORTH 89°58'49 WEST, a distance of 305.05 feet to a point in the common West line of said called 4.1525 acre tract and East line of a called 4.9814 acre tract of land conveyed to Motel 6 Operating L.P. by the deed dated February 1, 1990 and recorded in Volume 90024, Page 0779 of said Deed Records, same being all of Rodeway Inn, an addition to the City of Addison, as evidenced by the plat dated January 16, 1981 and recorded in Volume 81052, Page 0775 of said Deed Records; THENCE, NORTH 00"24'10" WEST (called North 00°08'59" West), along said common line, a distance of 5.00 feet to a point in said proposed South right of way line of Arapaho Road; THENCE, SOUTH 89°58'49 EAST, departing said common line and along said proposed South right of way line of Arapaho Road, a distance of 305.09 feet to the point of curvature of a tangent curve to the left; THENCE, NORTHEASTERLY, continuing along said proposed South right of way lin. of Arapaho Road and the arc of said curve to the left having a radius of 1,177.92 feet, a central angle of 19°35'42", a chord bearing North 80"13'20" East for 400.88 feet, for an arc distance of 402.84 feet to the POINT OF BEGINNING; CONTAINING an area of 0.0813 acres or 3,539 square feet of land within the metes recited. All bearings are referenced to the North Right of Way line of Centurion Way, called S 89"51'55" E, according to the final plat of Lot 3, Surveyor Addition, recorded in Vol. 77173, Page 135, Deed Records of Dallas County, Texas. A plat of even survey date herewith accompanies this description. I, Ayub R. Sandhu, a Registered 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. 􀁾x: gJ;; 􀂣􀁲􀁌􀀷􀀭􀁾􀁴􀀬􀀭􀁯􀁬􀀠Ay b R. Sandhu, R.P.L.S. Texas Registration No. 2910 Page 2 of 2 EXHIBITD After Recording Return To: Angela K. Washington STATE OF TEXAS § Cowles & Thompson, P.C. § 901 Main Street, Suite 4000 COUNTY OF DALLAS § Dallas, Texas 75202 RIGHT-OF-WAY DEED DATE: ________, 2002 GRANTOR: HERITAGE INN NUMBER XIII, LIMITED PARTNERSHIP 􀁾􀁾􀁾􀀭􀁾..... -----GRANTEE: TOWN OF ADDISON, TEXAS 5300 Belt Line Road Addison, TX 75001 (Dallas County, Texas) CONSIDERATION: One Hundred Seventy-Eight Thousand Five Hundred Forty-Two DOLLARS AND No/IOO ($178,542.00), in hand paid by Grantee, the receipt and sufficiency of which is acknowledged by. Grantor. PROPERTY (INCLUDING ANY IMPROVEMENTS): A tract of land, herein referred to as Parcel 5, containing approximately 25,228 square feet ofland, and more particularly described in Exhibit A (Parcel 5 Field Note Description), and depicted on Exhibit B (Parcel 5 Survey Depiction), which are attached hereto and incorporated herein by reference. CONVEYANCE: For the consideration described above, Grantor hereby grants, sells, and conveys to Grantee the Property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and to hold it to Grantee, Grantee's heirs, executors, administrators. successors, and assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, successors, and assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and forever defend all and singular the Property to Grantee and Grantee's heirs, executors, administrators, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof. MISCELLANEOUS: (a) Nothing in this instrument shall be construed as a waiver by Grantee ofany utility connection charge or other charges imposed by ordinance or Charter of the Town ofAddison. WARRANTY DEED (Heritage Inn Number XUI)-Pagel Ooc.ummt.' 􀁉􀁏􀁬􀁾􀀠 EXIIIBITD (b) The Property hereby conveyed may be used as a public right·of·way for the passage of vehicular and pedestrian traffic, including (without limitation) streets, roads, sidewalks, utilities, drainage, and other customary uses of public right-or-way. Improvements may be on such grade and according to such plans and specifications as will, in the opinion of Grantee, best serve the public purpose. (c) The consideration described above shall be deemed full compensation for the conveyance of the Property, and for any diminution in value that may result to the remaining property of Grantor by virtue of Grantee's use of the Property. (d) When the context requires it, singular nouns and pronouns include the plural. EXECUTED effective as ofthe day first written above. Heritage Inn Number XIII, Limited Partnership By: Midwest Heritage Inn, Inc., its General Partner 􀁂􀁹􀀺􀁾__________________________ Print Name: ____________________ _______ Print Title: __________________________ STATEOF______________ § §COUNTY OF ____________ § Before Me, the undersigned notary public in and .for said county and state, on this ___ day of , 2002, personally appeared ____________ of Midwest Heritage Inn, Inc., known to me to be the identical person who executed the within and foregoing document, and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or entity upon behalf of which he acted, executed the instrument, for the uses and purposes therein set forth. Notary Public, State of______...,-PrintName: ______________ My Commission Expires: [SEAL] WARRANTY DEED (Heritage [nR Number XID) -Page 2 Occwneru." 10169«1 EXHmIT] TEMPORARY CONSTRUCTION EASEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF DALLAS § THAT HERITAGE INN NUMBER XIII, LIMITED PARTNERSHIP, a North Dakota Partnership, hereinafter called GRANTOR, for and in consideration of the sum of ONE DOLLAR ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does by these presents grant, sell and convey to the Town of Addison, hereinafter called GRANTEE of the County of Dallas and State of Texas, a temporary easement and right of passage in, on, over, across, along, under and through a portion (the "Easement Area") of GRANTOR'S property, which easement and right of passage is shown and depicted on Exhibit B, attached to and incorporated herein, for the purpose of constructing a roadway to be known as Arapaho Road. The Easement Area is described as follows: See attached Exhibit A (Field Note Description for Parcel 5-TE), which is made a part of this easement as if fully copied herein. This temporary construction easement shall only be used by GRANTEE and its contractors in connection with the construction of a public right-of-way adjacent to the Easement Area. GRANTEE shall restore the Easement Area to the condition that existed before the construction of the roadway. This temporary easement shall terminate 24 months from the date of the Notice to Proceed with construction under the construction contract for the roadway adjacent to the Easement Area, or upon completion of the construction of the portion of the roadway adjacent to the Easement Area, whichever is earlier. TO HAVE AND TO HOLD unto the Town of Addison, Texas as aforesaid, for the . purposes and on the conditions set forth hereinabove, the easement and Easement Area described above. Grantor binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and defend all and singular the Easement Area to Grantee for the duration and purposes set out herein against every person whomsoever lawfully claiming or to to claim the same or any part thereof. EXECUTED this ____day of___._____, 2002. GRANTOR Heritage Inn Number XIII, Limited Partnership By: Midwest Heritage Inn, Inc., its General Partner By: -:-:-__.___________ Print Name: Print Title: TEMPORAR\' CONSTRUCTION EASEMENT PARCEL5-TE O!.xWJ'lCtlPI· !016916 EXHlBITE STATE OF §COUNTY O-=F:------§ BEFORE ME, the undersigned notary public in and for said county and state, on this :c---day of , 2002, personally appeared , known to me to be the identical person who executed the within and foregoing document, and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or entity upon behalf of which he acted, executed the instrument, for the uses and purposes therein set forth. GIVEN UNDER my hand and seal ofoffice the day and year last above written. Notary Public, State of_________ Print Name: MY COMMISSION EXPIRES: [SEAL] TEMPORARY CONSTRUCTION EASEMENT PARCELS·T£ 􀁾􀀡􀀬􀁩􀁬􀁉􀁏􀁉􀀶􀁭􀀠 ----------• • \ \\ L---------------------􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀁾... PROPOSED_, r..... ... ___ ..-'-"􀁾􀁅􀁘􀁬􀁳􀀧􀁮􀀢􀀢􀀠60" "-􀁾􀁾􀀧􀁈􀀠'WATER LINE 􀀭􀀭􀀭􀁾􀀭􀁾􀀠􀁵􀁾􀂷􀂷.., u ..􀁭􀁾􀀠---I " 􀁾􀀧􀀶􀀢􀀢􀀧􀀢"'tr •".. .. .. -,--I , "I . " I . 􀁾􀀠􀀬􀁾􀀠,. 􀁾􀁜􀀠1!,i , f L§;; 􀀧􀁾􀀠f ;; • I-Prq , ) '" 0 􀁾􀁜􀀠\ 1 01l)+()l()tc.IJlO; , UIOI • 40 tiC\' --............... ", ..􀁾􀀬􀀠􀀧􀁾􀀠, ,􀀧􀁾􀀢􀀠'",'", 􀀢􀁾􀀾􀀬􀀠" OW P''''''I )N I IALL ,1 , 􀁾􀀩􀀠, I,,----􀁾􀀭􀀭ill/',-------,-----···---1 􀁾􀀠t 400' 􀁾􀁏􀁉􀁁􀁎􀀮􀀠315' TA'ANSITrON. 6EGlhtNING AT END a: THE BRIDGE. TRANSITION CARRIES 􀁔􀁾􀁏􀁏􀁇􀁈􀀠THE llVE'N!iO ROAD PH ;,KOIAN SO THAT 20S'tf" KalAN AT FUlL 16' WIDTH. IBITAGE. Itfi 2. AASHTO (20011 REQUIRES 360' ACCELERATION LENGTH F'a:t A. DESIGN SPEED Of 40 Jf:IH AT A STOP PRa>OSED DESIGN CONOITIOO. ....TERNATIVE II ....IGNNENT CHANGE LECEN() WITH MEDIAN TAPER ANDEXHIBITF ;'9<\' ACCEL.ERATION LANEc:::J PROPOSED PAVING 􀁾􀀢􀀢􀀧􀁏􀁃􀁅􀀠BY OrtiEOS COWLES &THOMPSON A Professional Corporatli'H'I ATTORNEYS AND COUNSELORS ANGELA K. WASHrNGTON 214.612.2144 AWASHINGTON@:COWLESTHOMPSON,COM September 6, 2002 Mike Murphy Director of Public Works Town of Addison P.O. Box 9010 Addison, TX 75001 RE: Lots 4 & 5, Addison Restaurant Park Heritage Inn Number XIII/Tharaldson Development Dear Mike: As promised in my September 6, 2002 e-mail, enclosed are the proposed cover letter and the proposed Contract of Sale, with all exhibits except Exhibit F (the sketch of the improvements), which must be attached prior to forwarding the contract to the property owners. If the owners accept the proposed agreement and sign off on the Contract, we will work with the title company to complete the transaction. Please let me know if you have any questions or concerns. Sincerely, 􀁾􀀩􀀨􀁲􀁱􀁾􀀠. Angela K. Washington AKW/yjr Enclosures c(w/o Enclosures): Steve Chutchian Kenneth Dippel, City Attorney qOl MAIN STREET SUlTE 􀁾􀁯􀁯􀁯􀀠DALLAS, TEXAS J52C2 no DALLAS T Y L E R TEL 2:1-1./:172 2000 FAX 214./:172.2020 www Cowt.ESTHOMPSON.COM DATE SUBMITTED: August 5, 2002 FOR COUNCIL MEETING: August 13,2002 Council Agenda Item SUMMARY: This item is for consideration and approval ofan offer submitted by Heritage Inn Number XIIIffharaldson Development Co., for acquisition ofright-of-way on Lots 4 & 5, Addison Restaurant Park FINANCIAL IMPACT: Budgeted Amount: N/A Cost: $178,542.00 Source ofFunds: Funds are available from Year 2000 General Obligation Bond Program, Project No. 83300. BACKGROUND: The right-of-way acquisition process is currently underway on the proposed Arapaho Road, Phase III project. Approximately 0.5792 acre ofpermanent right-of-way adjacent to the proposed extension ofArapaho Road (see attached Parcel 5 map) is required as part ofthe proposed roadway improvements. A 0.0813 acre temporary construction easement (see attached Parcel5-TE map) is also necessary to complete the project. This parcel is a portion ofLots 4 & 5, Addison Restaurant Park, and is owned by Heritage Inn Number XIIIrrharaldson Development Co. (Quality Suites Hotel). On June 25, 2002, staffwas authorized by Council to make a final offer to the property owner, in the total amount of$140,700.00, for acquisition ofthis right-of-way and temporary construction easement. On July 23, 2002, staffreceived a counter offer response from the owner, with the following provisions included: a. Permanent Right-of-Way $176,596.00 Temporary Construction Easement 1.946.00 Total $178,542.00 (This total represents a $37,842.00 increase above the assessed value) b. Approval for two additional curb cuts from Arapaho Road into the Quality Suites property. c. A sign variance which would allow for erection ofa higher pole sign fur the Quality Suites property. Final design ofthe Arapaho Road project can provide for one curb cut that will connect an existing drive approach to the proposed roadway at the east end ofthe Quality Suites site. Additional curb cuts cannot be acconnnodated due to the proximity ofthe bridge section to the remaining portion ofthe property. A sign variance was previously approved for the Bay Street Restaurant, with dimensions of9 ft.x 8 ft., with a maximum height of30 ft. The location ofthe Quality Suites site in conjunction with the proposed Arapaho Road bridge may necessitate a new sign ofsimilar size and height. RECOMMENDATION: It is reconnnended that Council authorize the City Manager to offer a total of $178,542.00 to Heritage InnNumber XIIIffharaldson Development Co., for the acquisition of0.5792 acre ofpennanent right-of-way and 0.0813 acre oftemporary construction easement from Lots 4 & 5, Addison Restaurant Park. It is also reconnnended that the Quality Suites Hotel property be provided with one curb cut on the east end ofthe site and the owner be notified that per the Town ofAddison ordinance, a sign with dimensions of9 ft. x 8 ft. and maximum total height oDO ft., will be considered when formally requested by the property owner. Tharalds' n '-?'J',.m,p atlies 12011'AGEDRIVE Phone: (701) .235-1167, FARGO, No 58103 . . '. Fax, (701) i35:i262 .:' " .... . . ' Mr,R()ll. Wliitep6ad, Ciiy, 􀁍􀁡􀁮􀁾􀁧􀁾􀀠 Tow-nofAddison.'· , i3.00 ilelt 􀁌􀀻􀁉􀀩􀁥􀁒􀀮􀀨􀀩􀁾􀀠.' . ' . CITY MANAGER'S' "OFFlCLO .' .,'. Dallas, TX 75254 ..' ,," " "':-.. ,. . ".:." . .;,':,' 􀁒􀁊􀀿􀀬􀀬􀀧􀁌􀁯􀁴􀁾􀁁􀀧􀀦􀀠5,:AsJdison RestatirMt Park' ,,:, .,: ','. .. " .,' .. ,", . 􀀬􀁈􀁾􀁲􀁩􀁴􀁡􀁾􀁥􀁉􀁮􀁦􀁎􀁵􀁲􀁲􀁩􀁢􀁾􀁩􀀧􀁊􀁻􀁊􀀺􀀺􀁉􀁩􀀺􀀯􀁔􀁨􀁡􀁩􀁡􀀩􀁤􀁳􀁰􀁾􀀠De"l'lopment Co, " 􀁾􀀠:'" . -' ., .􀁾􀀮􀀧􀀠. .' 􀁢􀁥􀁡􀁲􀀮􀁍􀁲􀀬􀁾􀁦􀁾􀁨􀁾􀀢􀁩 􀀧􀀯􀀧,,:" ., "". . 􀀬􀁾􀀮􀀠'. " .􀀧􀁾􀁾􀁉􀁩􀁡􀁾􀁥􀀻􀀺􀁾􀁣􀁾􀁦􀁾􀁥􀁾􀀺􀁩􀁯􀁵􀁲􀁬􀁥􀁦􀁴􀁥􀁩􀁤􀁡􀁾􀁾􀁪􀁑􀁮􀁾􀀲􀀶􀀺􀀠200i 􀁲􀁾􀁧􀁡􀁲􀁤􀀻􀀻􀀻􀁧􀁩􀁬􀁩􀁥􀀬􀁡􀁾􀁯􀁶􀁥􀀠􀁲􀁥􀁦􀁥􀀻􀁥􀂣􀁣􀁥􀁤􀁾􀁲􀁯􀁰􀀻􀁲􀁴􀁙􀀺 􀀠" , "Thank: yoti prdvidlng'that irifomiatlon to'us: . ..', " '.. . . ,.) ," -:; , .:' . -:,. '.'." . .'," '.:'.', :, "': '-.. 􀁗􀁭􀁩􀁾􀀺􀁷􀁾􀁦􀁾􀁾􀁩􀀠􀁾􀁩􀁉􀁴􀁾􀁯􀁵􀁲􀁾􀁦􀁦􀁥􀁲􀀠isa,gO\ld 􀀶􀁾􀁾􀀻􀀠the.reate 􀁳􀁯􀁭􀁾􀁡􀁤􀁤􀀻􀁴􀁩􀁑􀁾􀁡􀁕􀁴􀁥􀁭􀁳􀁾􀁨􀁨􀁩􀁣􀁨􀀧􀀧􀁣􀁾􀀱􀀩􀀮􀁬􀁤􀁨􀁥􀁬􀁰􀁯􀁭􀀺, ,,' .' 􀁰􀁲􀀹􀁰􀁥􀁩􀀮􀁴􀁹􀀤􀁩􀁧􀁲􀁩􀁪􀁦􀁩􀁣􀀮􀁩􀁮􀀧􀁴􀁬􀁹􀀻􀀬􀁡􀁮􀁤􀁾􀁥􀀠"";6\lld 􀁬􀁩􀁫􀁾􀁴􀁜􀁬􀀠􀁾􀁡􀁫􀁥􀁩􀁨􀁥􀀠􀁦􀁾􀁬􀁫􀁩􀁷􀁨􀀬􀁧􀀠􀁾􀁯􀁵􀁮􀁩􀁥􀁊􀀺􀁾􀁑􀀣􀀺􀁥􀁲􀀻􀀧􀀢􀀠'.,' -', ",,';' .' .... . "' -' '. -. . ' 1)' 􀀬􀁰􀁥􀁴􀁩􀁮􀀮􀁭􀁥􀁾􀁾􀀬􀁒􀁩􀁧􀁨􀁴􀁑􀁴􀀺􀁗􀁡􀁙􀀩􀀻􀂷􀀺􀀠'.:(i;.md Olll;'@$:U)OISF)' " ····$116 596 ", , Compensation fOr,Imprilvemcilts{l\fime';' R!"j)lacement) $ '''0' '."."" . ;, . '. . 􀂷􀀮􀁌􀁡􀁮􀀧􀁤􀂧􀁱􀁡􀁰􀁩􀁾􀁩􀀠(None -.-Rephice¢ent), . , " . . . $ ,.' q ' . .. Tei:l)porary 􀁃􀁯􀁲􀁩􀁳􀁴􀁲􀁬􀀮􀁜􀁣􀁴􀁩􀁯􀁲􀁴􀁾􀁥􀁬􀀱􀀧􀁜􀁥􀁮􀀮􀁴􀀠." .. $ . 1,946 " ,..' . ":.' ,.' ( -' , . '. " .. '. . " . 2:), ' , Curb ,Cuts . ' . " . , """ , ' . . " 􀁗􀁾􀁷􀀬􀁯􀁵􀁬􀁤􀀬􀁻􀁥􀁱􀁵􀁥􀁳􀁴􀁴􀁜􀁬􀁥􀁡􀁰􀁩􀁲􀁲􀀡􀁊􀁖􀁡􀁬􀀠for.two'additiona) cUrb 􀁾􀁵􀁴􀁳􀁦􀁲􀁴􀀩􀁭􀀠Arapaho Roat!.. " ". '., . intooiirQua!i.tY SlIltei ptopei-tY,; ,',.. < .',.'.'" '..: ,,': ... ' , ." 3) 􀀬􀁓􀁩􀁧􀁉􀁜􀁖􀁡􀁲􀁩􀀡􀁩􀁬􀁩􀁃􀁾􀀺􀀧, ;'Wewouldr.--'􀁾􀀭..'-'-'---(60' R.O.W.) ...... """";",,E 171.17 􀁾􀀭I.4A'RCH 9, 1988 tc '1\':\6" E -::::; -l--' -, --.. -----vaL 88066, PG. 4219 t-l SO O.RD.C.T. .",':';' . '2\'OO"E -5l6,W) lo1j (c.W-£0 rIl97·, E' -533.12" 􀁾􀀬.. 5/9· lRtl'i ROO (.i: /"N 85"491 ........ i4 i 00. 􀀵􀀯􀁾􀀺􀀠IllON ROO 397.1+ ROAD .6'-" gPROPOSED I'R*AHO 0 􀁾􀀢􀀾􀀬􀀭􀀭􀀧􀀠􀀢􀀧􀁾􀀭􀀧􀀭.. •II " '" '" 0' 􀀧􀀺􀀮􀀭􀁾􀀠-lie if . L, 00 """:"",,, APPROXJMATE LOCAllON or 􀁾7 /􀀢􀁾􀀧􀀬􀀢􀀬􀀧N 89'5S'49' W -305.09 of 10' UllulY EASEMENT CALJ:EO 19.01 AC. CllY OF OAll.AS -------􀀭􀀺􀀮􀀮􀁾􀀽􀀠 AUGUST 5. 1958 \MOllEL 6 OPERAllNG LP. 􀀭􀀺􀀭􀀧􀀭􀀧􀁊􀀡􀀮􀀧􀀭􀀧􀀭􀀧􀀮􀀡􀀮􀁾􀀭􀀭􀀭􀁈􀁅􀁒􀀡􀁔􀁁􀁇􀁦􀀠INN NUMBER V()L 4942. PG. 629 CAlJ:ED •• 9814 ACRES ,---xm. D.R.D.C.T. FEBUAAY 1. 1990 ADDISON RESTAURANT UMITED PAATNERSHIP I LOT 1 VOL. 90024. PG. n9 PARK CALLED ••1525 ACRES I BLOCK A D.R.D.C.T. MARCH 9. 1988 JANUAAY 2+. 1997 BEL]WOOD RESERVOlR VOL 88066. PG. 4219 VOL. 97018. PG. 00073 JAUGUST 2. 1989 ROOEWAY INN O.R.D.C.T. pL. 90012. PG. 33B6C.R.O.C.T. JANUARY 16. 1981 I D.R.O.C.T. VOL. 81052, PG. ons ID.R.D.C.T. PARCEL 5 A PLAT OF A :N0!i"S: . 0.5792. ACRE (25.228 SQ. Fr.) . TRACT Of LANDALL EASEMENTS SHOWN ARE TAKEN FROM THE PLATS INDICAllEO . IN "THE EOWARD COOK SURVEYHEREON. THE SURVEYOR DID NOT ABSTRACT THE SUBJECT PROPERlY SO ALL EASEMENTS MAY NOT BE SHOWN. ABS TRACT NO. 326 TOWN. OF ADDISON ALL BEARINGS ARE REFERENCED TO THE NORTH RIGHT OF WAY DALLAS COUNTY. TE XAS UNE Of CENTURION WAY. CAlJ:EO S" 89'51'55" E. ACCORDING TO • DENOllES A fOUND POlNT AS INDICATED THE FINAL PLAT OF LOT 3, SURVEYOlR ADDITION. RECORDED IN • DENOTES A 5/8' IRON ROD SET UNLESS o 30 6060 120 VOl. 77173, PAGE 135. D.R.D.C.T. OTHERWISE NOTED 􀁉􀀭􀁣􀀭􀁾---PROPOSED RIGHT OF WAY UNE A LEGAL DESCRIPllDN or EVEN SURVEY DAllE HEREWITH -GRAPHIC SCALEACCOlMpANIES THIS PLAT. 1 INCH = 60 n. UNE TABLE EXHIBIT "B" CAil£O CAI1I;OOISTBEARINGUNE 􀁾􀁾􀀮$00"+3'00·,. Ll S' 00'12'19·' W 21.00' . 􀁾,.,M'J{ U' II 􀁏􀀮􀁾􀂷􀀩􀁎􀁏􀁏􀀧􀀰� �􀂷􀀵􀀮􀁾􀂷􀁗N 00'2 .... 10· W 5.00'L3 􀁾􀀠MIl W 􀁴􀁖􀁾􀀢􀀮􀀠\9581.9 CURVE TABLE' 􀁾􀀮􀀨􀂧􀁾􀁾􀀠 v£ 􀁴􀁾􀁾􀁾􀀮􀁾􀁾􀀺􀀠6 ..,.CURVE DELTA RADIUS LENOlH CHORD ,Cl· 19*30'28-1182.92' .ro2.75' S 80'IS'5T W -0100.81' C2 􀀱􀀹􀁾􀀳􀀵􀁦􀀢􀀧􀀲􀂷􀀠lIn.g2' 402.8...' N 80'13'20· E -_.88' ...... ' 􀁾􀀠....* 􀁾􀁾􀀮􀀠􀀮􀀢􀀧􀁾􀁈􀁉􀀠AAAPAHO ROf>,\)3"""S ,-""""-"""",,,,-'--= (80' R.O.W.) .MARCH 9, 1988 VOl. aa066, PO. 4219 Q.R.o.C,T. I I' 􀀧􀀮􀀢􀀬􀁾􀁬􀀠) -0' , PROPOSED AAAPAHO ROAD , <0. III 020Gt 0'eLJ '" S 89'58'49· E 305.09'-Ii '" 7/"-􀁾􀀠 (ill. 􀁾􀁑􀀢􀁣􀁈􀁔􀁲􀀠APPROXIMATE LOCATION OFN 89'58'49· IV 305.05' 10' UTIUTY EASEMENT CAU.EO 19.01 AC.I CITY OF DALLAS AUGUST 5, 1958 \ (__....... 􀁾􀀭􀀭􀀻􀂫􀀷􀀻􀀭􀀭􀀭􀀮􀁾􀀭􀀭􀀢􀀧􀀱􀀭􀀺􀀭MOTEL 6 OPERATING LP. '----"" HeRITAGE INN NUMBER XlII, VOL. 494-2, PC. 629CALLED 4.9814 ACRES UioIlTE 0 PARlNE RSHIP D.R.D.C.T•. . FEBUARY 1. 1990 ADDISON RESTAURANT .CALLEO 4.1525 ACRES VOL. 90024. PG. 0779 PARK JANUARY 24. 1997 LOT 1 D.R.O.C.T. MARCH g, 1988' VOl. 97018, Pc. 00073 􀁾􀀠BLOCK AELTWOOO RESERVORVOL. 88066. PO. 4219 D.R:O.C.T•. AUGUST 2, 1969D.R.D.C.T.ROOEWAY INN 90012. PG. 3386JANUARY 16. 1961 I D.R.D.C.T.VoL 61052. PO. 0775 D.R.O.C.T. PARCEL 5-TE A PLAT OF A NOTES, 0.0813 ACRE (3.539 SQ. FT,) . .' ,.TRACT Of. 􀁌􀁁􀁾􀁄􀀠'. ' . . Ali..ii:...stMENTS SHOWN.ME TAKEN.fROt.! lHE'PLATS INDICA1EO iN THE EDWARD"COOK SURVEY'HEREON. THE SURVEYOR 010 NOT ABSTRACT lHE SUBJECT PROPERTY SO ALL EASEMENTS MAY NOT BE SHOWN. . ABSTRACT 􀁎􀁏􀁾􀀠326 TOWN OF ADOISON ALL BEARINGS ARE REFERENCED m THE NORlH RiGHT Of WAY DALLAS COUNTY. lEXAS UNE OF CENTIJRION WAY, CALLED S 69'51'55" E, ACCORDING m • DENOtES A FOUND POINT ftS INOICATEO THE ANAL PLAT OF LOT 3. SURVEYOR ADD1TION, RECORDED IN • DENOTES A 5/8" IRDN ROO SET UNLESS 60 0 30 60 120VOL. 77173, PAGE 135. C.R.D.C.T. OlHERWISE NOTED .Jr ! --PROPOSED RiGHT OF WAY UNE UNE "'"'----""",--' A LEGAL DESCRIPTION OF EVEN SURVEY DAlE HE'REWllH ACCOMPANIE S lHIS PLAT. GRAPHIC SCALE 1 INCH = 60 FT. OFFICE OF THE CITY MANAGER (972) 450-7000 • FAX (972) 45;),7043 5300 Belt Line Roud June 26, 2002 Mr. Rick Larsen Tharaldson Development 1201 Page Drive Fargo, North Dakota 58103 Re: Lots 4 & 5, Addison Restaurant Park Heritage Inn Number XIIlffharaldson Development Dear Mr. Larsen: 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 ofArapaho Road, from Addison Road to Marsh Lane. At this time, we are in the right-of-way acquisition phase ofthe project, from Addison Rd. to Surveyor Blvd. The Town of Addison has determined the need to acquire a portion ofthe tract of land that is currently occupied by Quality Suites. This land acquisition is necessary for the purpose ofobtaining public right-of-way for the Arapaho Road project along with related municipal uses including public parks and open spaces. The firm ofEvaluation Associates originally appraised the property in January 2002. The attached summary sheet shows the fair market value of this taking is $140,700.00. In June 2002, the City Council ofthe Town ofAddison authorized me to make an offer to purchase the 0.5792 acre ofpermanent right-of-way and 0.0813 acre temporary construction easement at the total appraised value of $140,700.00. The Town ofAddison requests that you respond to this offer ofpurchase within thirty (30) days ofthe date ofthis letter. Ifwe do not hear from you within the thirty (30) days, 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, Director of Public Works, at (972) 450-2871, or myself. Sincerely, 􀁾􀀭􀀭􀁗􀁾􀀺􀁣􀁄􀀠Ron Whitehead City Manager \ I i EvALUA'tION ASSOCIATES I RIGHT OF WAyLAND RlOHTS ANALYSIS' ,ApPRAISAL' ACQUISlnON' SOLUllONS . ..'".... SUMMARY OFSALIENTFACI'S AND CONCLUSIONSI " ARAPAHO ROAD PROJEcr"" :" p.:operly Owner: 􀁂􀀺􀁴􀁩􀁲􀁬􀁴􀁡􀁧􀁾􀀠􀁉􀁮􀁮􀁎􀀮􀁩􀁭􀁢􀁾􀁲􀁸􀁭􀁩􀁲􀁨􀁾􀁲􀁡􀁩􀁤􀁳􀁾􀁾􀀠􀁄􀁥􀁾􀁥􀁬􀁯􀁰􀁭􀁥􀁾􀁴􀀧􀀠:,I Parcel No. 5 ' I Valuation Conclusion: Whole Property (Land Only) $900,000 Proposed Acquisition' $ 138,754 I Remainder Before AcqUisition $ 761,246 Remainder After Acquisition $761,246 Loss in Value ofRemainder After $ 􀁾􀁯􀀭Determination ofCompensation: Pennanent Right ofWay (Land Only @$5.50/SF) $138,754 Compensation for Improvements (None -Repiacement) $ -0Landscaping .(None -Replacement) S -0Temporary Construction Easement $ 1,946 T,otal Compensation $140,74)0 Date ofAppraisal: January 12, 2002 Location: 4555 Belt Line Road, Town ofAddison, Texas Legal Description: Lots 4 and 5, Addison Restaurant Park. Town of Addison, Dallas County, Texas 'Land SiZe: Whole Property (perDCAD 􀁲􀁥􀁴􀀻􀁪􀁾􀁤􀁳􀀩􀀠􀀳􀀮􀀷􀀶􀁩􀁾Acres Right 'ofway Area ' ' 0.5792 Acres Temporary Construction easement 0.0813 Acres Zoning: PD, Planned Development District Highest and Best Use: , As ifVacant BEFORE: Commercial use As ifVacant AFIER: Commercial use 11615 Forest Central Drive' Suite 20S • Dallas, Texas 75243-3917 • (214) 553-1414 \ , :z .. • , 􀁩􀀮􀁾􀀠'\ 􀁾􀀠\ '\ ').'.'\ >.Xl 􀁾􀀠􀁊􀁾􀀠Q 􀁾􀀠􀀼􀁉􀁾􀀠} " ",. \ I,,.li,', t I,.!,.. 'S􀁾􀀠" l 􀁾􀁩'i􀁾􀀺􀀠I ., \!$ \ 􀁾􀀠i 􀁾􀀾􀀠""" " I I • •i · , ' !· , •'. · I' i \ ) L/\ -----􀂷􀁾􀁩\ \ 􀁾􀁜9 \I --\ , \\i \ \\ '\ \ r \\ 􀁜􀁜􀁾􀀠\ \ \ \" I, !•\ i• i \ • \\\ !•\... I \ Q l \ • • 􀁾􀀠!t · ! i1 ! 􀁩􀁾􀁟􀀠1 i\ \ l\ I _8TOWN OF.ADDISoN OFFICE OF THE CITY MANAGER (972) 450·7001' FAX (972) 450.7043 􀁾􀀺􀁮􀁒􀁾􀁲􀁾􀁾􀂮􀁾􀁰􀀮􀀽􀁓􀁴􀁾􀁏􀁾􀁦􀁦􀁩􀁾􀁬􀁃􀁾􀁥􀁾􀁂􀀮􀀽􀁸􀁾􀀹􀀰􀁾􀁉􀁾􀁏􀁾􀁁􀀷􀁤􀁤􀁾􀁩􀁓􀁾􀁏􀁮􀁾􀀬􀁾􀁔􀁨􀁾􀁸􀁡􀁾􀀧� �􀀷􀀵􀁾􀁏􀁾􀁏􀁉􀁾􀀮􀀹􀁾􀁏􀁬􀁾􀁏􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀁾􀁾􀁾􀁾􀁾􀀵􀁾􀀳􀀰􀁾􀁏􀁾􀁂􀁥􀁾􀁉􀁴􀁾􀁌􀁾􀁩􀁮􀁾􀁥􀁾􀁒􀁾􀀮􀁡􀁾􀁤􀀠July 17,2002 Mr. Rick Larsen Tharaldson Development 1201 Page Drive Fargo, North Dakota 58103 Re: Lots 4 & 5, Addison Restaurant Park Heritage Inn Nwnber XIIIlTharaIdson Development Dear Mr. Larsen: You should have received a letter dated June 26, 2002, providing a Vlritten offer to purchase a portion ofthe right-of-way behind your property (see attached). As you know, this right-of-way acquisition is to accommodate the construction ofArapaho Road, Phase III. Pursuant to the June 26th letter, you have 30 days from receipt ofthat letter to respond in Vlriting to the Town's offer. Failure to respond will be considered a rejection ofthe offer. Staffwill be making its recommendations regarding eminent domain proceedings at the August 13th Town ofAddison City Council meeting. Ifyou have any written proposals or counteroffers, staff will present those to the Council at that time. Any such proposals or counteroffers must be delivered to the Public Works Department located in the Addison Service Center at 16801 Westgrove Drive, Addison, Texas 75001, by noon on Friday, August 1,2002. It is our intent to amicably negotiate all right-of-way acquisitions and to only initiate eminent domain proceedings as a last resort. Ifyou have any questions or wish to discuss this matter, you may contact my office or Mike Murphy Director ofPublic Works at (972) 450-2878. Sincerely, 􀀭􀁲􀀻􀀮􀀭􀁌􀀬􀀮􀀩􀁾􀁾􀁄􀀠Ron Whitehead City Manager I EvALUA'1'ION ASSOCIATES I RIGHT OF WAY LAND RIGHTS ANALYSIS' APPRAISAL' ACQUISITION' SOLtrrlONS SUMMARY OF SALIENT FACTS AND CONCLUSIONS I . . ARAPAHO ROAD PROJECT I Property Owner: Heritage Inn :Number xmrrtiaraldsonDevelopment Parcel No. 5 I Valuation Conclusion: Whole Property (Land Only) $900,000 Proposed Acquisition $ 138,754 I I Remainder Before Acquisition $ 761,246 .Remainder After Acquisition S 761,246 Loss in Value ofRemainder After $ .{)... Determination ofCompensation: Permanent Right ofWay (Land Only@$5.50/SF) $138,754 I I Compensation for Improvements (None· Replacement) $ -0Landscaping . (None -Replacement) $ -OTemporary Construction Easement S 1.946 Total Compensation I Date ofAppraisal: I Location: I Legal Description: I Land Size: I... I I Zoning: I Highest and Best Use: As ifVacant BEFORE: As ifVacant AFTER: $140,700 January 12, 2002 4555 Belt Line Road, Town ofAddison, Texas Lots 4 and 5, Addison Restaurant Park, Town of Addison, Dallas County, Texas Whole Property (per DCAD records) 3.7610 Acres Right ofway Area Temporary Construction easement PD, Planned Development District Conunercial use Conunercial use 0.5792 Acres· 0.0813 Acres 11615 Forest Central Drive' Suite 205 • Dallas, 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 Property Owner: Heritage lim Number XmrniaraidsonDevelopnient Parcel No.5 Valuation Conclusion: Whole Property (Land Only) $900,000 Proposed Acquisition $ 138,754 Remainder Before Acquisition $ 761,246 . Remainder After Acquisition $ 761,246 Loss in Value ofRemainder After $ -0Determination of Compensation: Permanent Right ofWay (Land Only@$5.50/SF) $138,754 Compensation for Improvements (None -Replacement) $ -0Landscaping . (None -Replacement) $ -0Temporary Construction Easement $ 1,946 Total Compensation $140,700 Date of Appraisal: January 12, 2002 Location: 4555 Belt Line Road, Town ofAddison, Texas Legal Description: Lots 4 and 5, Addison Restaurant Park, Town ofAddison, Dallas County, Texas Land Size: . Whole Property 􀀨􀁰􀁥􀁾􀀠DCAD records) 3.7610 Acres Right ofway Area 0.5792 Acres . Temporary Construction easement 0.0813 Acres Zoning: PD, Planned Development District Highest and Best Use: As ifVacant BEFORE: Commercial use As ifVacant AFTER: Commercial use 11615 Forest Central Drive' Suite 205 • Dallas, Texas 75243-3917 • (214) 553-1414 July 17, 2002 Mr. Rick Larsen Tharaldson Development 1201 Page Drive Fargo, North Dakota 58103 Re: Lots 4 & 5, Addison Restaurant Park Heritage Inn Number XIIIlTharaldson Development Dear Mr. Larsen: You should have received a letter dated June 26, 2002, providing a written offer to purchase a portion ofthe right-of-way behind your property (see attached). As you know, this right-of-way acquisition is to accommodate the construction ofArapaho Road, Phase III. Pursuant to the June 26th letter, you have 30 days from receipt ofthat letter to respond in writing to the Town's offer. Failure to respond will be considered a rejection ofthe offer. Staffwill be making its recommendations regarding eminent domain proceedings at the August 13th Town ofAddison City Council meeting. Ifyou have any written proposals or counteroffers, staffwill present those to the Council at that time. Any such proposals or counteroffers must be delivered to the Public Works Department located in the Addison Service Center at 16801Westgrove Drive, Addison, Texas 75001, by noon on Friday, August 1, 2002. It is our intent to amicably negotiate all right-of-way acquisitions and to only initiate eminent domain proceedings as a last resort. Ifyou have any questions or wish to discuss this matter, you may contact my office or Mike Murphy Director ofPublic Works at (972) 450-2878. Sincerely, Ron Whitehead City Manager Parcel 5 Field Note Description Arapaho Road Project Town of Addison Dallas County, Texas BEING a description of a 0.5792 acre (25,228 square foot) tract of land situated in the Edward Cook Survey, Abstract Number 326, Town of Addison, Dallas County, Texas, and being a portion of a called 4.1525 acre tract land as conveyed to Heritage Inn Number XIII on January 24, 1997 and recorded in Volume 97018, Page 00073 of the Deed Records of Dallas County, Texas, also being a portion of Addison Restaurant Park, a addition to the Town of Addison, dated March 9, 1988 and recorded in Volume 88066, Page 4219 of said Deed Records, said 0.5792 acre tract of land being more particularly described by metes and bounds as follows; BEGINNING at a 5/8 inch iron rod found for the common Northeast corner of said called 4.1525 acre tract, Southeast corner of a 60 foot wide right of way dedication as evidenced by the said plat of Addison Restaurant Park, and Northwest corner of Lot 1, Block A of Beltwood Reservoir, an addition to the Town of Addison as evidenced by the plat dated August 2, 1989 and recorded in Volume 90012, Page 3386 of said Deed Records, said point also being in the West line of a called 19.01 acre tract of land conveyed to the City of Dallas as evidenced by deed dated August 5, 1958 and recorded in Volume 4942, Page 629 of said Deed Records; THENCE, SOUTH 00"12'19" WEST (called South 00"43'00" West), along the common East line of said called 4.1525 acre tract and West line of said called 19.01 acre tract, a distance of 21. 00 feet to a 5/8 inch iron rod set in a curve of the proposed South right of way line of Arapaho Road; THENCE, SOUTHWESTERLY, departing said common line and along the proposed South right of way line of Arapaho Road and the arc of a non-tangent curve to the right having a radius of 1,177.92 feet, a central angle of 19°35'42", a chord bearing South 80"13' 20" West for 400.88 feet, for an arc distance of 402.84 feet to a 5/8 inch iron rod set for the point of tangency of said curve; Page 1 of 3 PARCEL 5 -ARAPAHO ROAD PROJECT THENCE, NORTH 89°58'49 WEST, continuing along said proposed South right of way line of Arapaho Road, a distance of 305.09 feet to a 5/8 inch iron rod set in the common West line of said called 4.1525 acre tract and East line of a called 4.9814 acre tract of land conveyed to Motel 6 Operating L. P. by the deed dated February I, 1990 and recorded in Volume 90024, Page 0779 of said Deed Records, same being all Rodeway Inn, an addition to the City of Addison, as evidenced by the plat dated January 16, 1981 and recorded in Volume 81052, Page 0775 of said Deed Records; THENCE, NORTH 00°24'10-WEST (called North 00"08'59-West), departing said South right of way line of Arapaho road and along said common line, a distance of 20.97 to a 5/8 inch iron rod with cap found for the common Northeast corner of said called 4.1525 acre tract, Northwest corner of said called 4.9814 acre tract and Southwest corner of said 60 foot wide right of way dedication; THENCE, NORTH 85"49'17-EAST (called North 86°21'00-East), departing said common line and along the common North line of said called 4.1525 acre tract and South line of said 60 foot wide right of way dedication, passing at a distance of 397.14 feet a 5/8 inch iron rod found, continuing for a total distance of 533.12 feet (called 526.99 feet) to a 5/8 inch iron rod set for an angle point; THENCE, NORTH 80°11'36-EAST (called North 80°53'00" East), continuing along said common line, a distance of 171.17 feet (called 177.16 feet) to the POINT OF BEGINNING; CONTAINING an area of 0.5792 acres or 25,228 square feet of land within the metes recited. Page 2 of 3 PARCEL 5 -ARAPAHO ROAD PROJECT All bearings are referenced to the North Right of Way line of Centurion Way, called S 89°51'55" E, according to the final plat of Lot 3, Surveyor Addition, recorded in Vol. 77173, Page 135, Deed Records of Dallas County, Texas. A plat of even survey date herewith accompanies this description. I, Ayub R. Sandhu, a Registered Professional Land Surveyor, hereby certify that the legal description hereon and the accompanying plat represent an actual survey made on the ground under my supervision. 􀁾􀂣􀀬􀁾)/-/;7-rr A ub R. Sandhu, R.P.L.S. Texas Registration No. 2910 Page 3 of 3 -----------------I', I J' 0"1 : r. ::;..;.; '0/' , i f. -􀁾􀀯􀁾􀀱􀀠􀁾􀀱􀀠'6:=2; 􀁾􀀯􀁉􀁾􀀬_..􀁾__ .L __ ._ 􀀭􀁉􀀭􀁟􀁾􀁾􀁾􀁉I '"! I I "'" "'" I '''IMATE LOCATION OF ! 7 /ITlLlTY EASEMENT CALLED 19.01 AC. " . NOTES: ALL 􀁅􀁁􀁓􀁅􀁍􀁾􀀠HEREON. 1f PROPE RTY S.Jr, ALL BEARIN'HU 􀁾􀀠UNE OF CE •••• lHE FINAL :9: VOL 77173 0 CITY OF DALLAS AUGUST 5, 1958 VOL 4942, PO. 629 D.R.D.C.T. LOT 1 I BLOCK A BELTWOOD RESERVOIR I AUGUST 2. 1989 VOL. 900 12, PG. 3386I D.R.O.C.T, PARCEL 5 A PLAT OF A 0.5792 ACRE (25,228 SQ. FT.) TRACT OF LAND IN THE EDWARD COOK SURVEY ABSTRACT NO. 326 TOWN OF ADDISON DALLAS COUNTY. TEXAS o 30 60.... ; ;-60 I--A UEGAL 0 ACCCMPANI';!!'􀁾􀀧􀁔.....,."'-I:li.bl-GRAPHIC SCALE 1 INCH = 60 FT. 120 I 􀁉􀁾____􀁾􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀁾􀁾􀁖􀀧􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀁬􀀠This Amendment to Basement Agreement and Acoess Road Basement and MAint..nance Aire......nt ("Amondlllant") i. mad...... 􀁏􀁦􀁾􀁾􀀠IP.>, 1992, by and among Daryl N. Suadon ("Snadon􀁾􀀢􀀧􀀢􀁥􀁷􀁯􀁯􀀠􀁾􀀮􀀠Bquity Development Corporation ("I1omewood Su tea"), and Modernage, Ina. (·Modemage·). RECiTALS' WBERBAS, Modamage i8 the owner of a oertain trapt of land situated in Dallae County, waxas, and more partioularly desoribed on Exhiblt A attaohed to the "MAintsDAUoe Agreement", as defined below, ("Tract 1")1 and WBERBAS, Snadon is the owner of a oertain trlIOt of land situated in Dallas County, Texas, and more partioularly desoribed on Exhibit B attaoh..d to ths Maintenanoe Agreeme,l,t ("Traot 2")1 and. '".. YBBRBAS, Homewood Suites i. the owner of 4 oertain traot of l ..nd situated in Dall.s county, !r..xas, and IlIOre particularlyd..soribed on llxhibit C attaohed to the Maintenano.. Agr......ent ("!rraot 3")1 and WBERBAS, Hodemaga is "lso th.. own..r of that oertain traot of land situated in Dall... County, wax.s, and more partioularlyd...ori.b.. d on llxhibit p attaohed to the MAintenance Agreement ("Traot 4")1 and WBERBAS, the parties her..to or their predecessors in int..rest havs previou81y executed and delivered that oertain lla.mnant . Agreement dated Angust 31, 1989, reoorded in VolWIIB 89171, Page 0345 of the Deed Records of Dalla. County, 'l'ax... ("Eaaement/Agre......nt" ), and thAt oertain APoess ROAd Ba_amant and Maintenanoe Agreement dated October 6, 1989, reoorded in VolWIIB 89195, Page1645 of the D.... d Reoorda of DallAS County, !rexa. ("Maintenanoe Aire_nt"), SAid EIIBement Agreement and Maintenance Agreamentsometimes hereinafter colleotively oalled the ·Agre......nts·, and WBBREAB, the parties hereto desire to oorreot ths Agre....ents by granting the owner of Traot 1 the right to use the Adoe.s Road (as defined in the Maintenance Agreamont), a••aid Adoess Road is more particularly desoribed on Exhibit E attached attached to the Maintenanoe Agreement.! IIOW '1'III!REPORB, in oonBideration of the premises and mutual oovenanta, obligationA and agreements hereinafter BSt forth, and other good and valuable consideration, the reoeipt and SUfficiencyof whioh are herehy acknowledged, the parties hereto oovenant and agree AS follOWBI 1. 'l'ba parties hereto grant, bargain, 􀀮􀁥􀁾􀁾􀀬􀀠and oonvey to Modernago, any future ground le.a.ea or owner. of 􀁾􀁲􀁡􀁯􀁴􀀠1 and any martga!!,e.B thereof, a perpetual non-exolusive easement to UBe the APoess Road for pedestrian.and 􀁶􀁥􀁾􀁑􀁕􀁬􀁡􀁲􀀠traffio for the purpose of providing ingre.. and egre.. t;y. and from ""'act 1. It being understood that Modernllge and a.,.y future owner or .ground le.see of ""'aat 1 may grant righta and .privilege. in and to allid easement for le..ee., invitees, lioen.ees and guests of the improvements now or hereafter 􀁯􀁯􀁮􀁾􀁴􀁲􀁵􀁯􀁴􀁥􀁤􀀠 on 􀁾􀁡􀁯􀁴􀀠l, as the OAse may be • • 2. !rhis Amendment may be exeouted in two or more counterparts,and it shall not be neoeBAary that the "ignatures of 1111 parties hereto be oontained on anyone oounterpart hereofI each oounterpart .ball be deemed and original lind all auoh· oounterparts together .hall oon.titute one and the aama instrument. 92247 5916 􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀁾􀀮􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀮􀀭􀀭... -... /. 3. Terms defined in the Agreements delineated herein by initial capital letter shall have the same meaning ascribed thereto in the Agreements, exoept to the extent the meaning of such term is specifically modified by the provisions hereof. In addition, other terl!l8 not defined in the Agresments but defined herein, will, When delineated with initial capitalletters, have the meanings aacribed thereto in this Amendment. Term. and phrases which are not delineated by initial capitalletter shall have msanings commonly ascribed tbereto. 4. EKoept as specifically amended by the provisions hereof, the te;rm8 and provisions of the Agreements shall continue to govern in the rights and obligations of the partiesthereunder7 and all provisi.ons Ilnd covenants of the Aqreements.hall remain in full foroe and effect as statadtherein. This Amendment and tbe 􀁁􀀹􀁲􀁥􀁥􀁾􀁮􀁴􀁳� �shall be construed as one instrument. The terms, provisions And covenants of this Amendment .hall inure to the benefit of end be binding uponthe parties hereto and their respective heirs, successors in interest, and their legal representatives. Executed es of the dates set forth below each signature, but effeotive for all purposes as of the date set forth here and above. HOHEWOOn SUITES EQUITY DEVELOPMENT CORPORATION, a Delawa re corporation 􀁾􀁾􀁾􀀬􀁾􀁾􀁾􀀺􀁾􀀶􀀷􀀠nate. November 12, 1992 filIRfi iI. SiWlON nate'_________________________ 􀁈􀁏􀁮􀁅􀁾􀁇􀁅􀀬􀀠 INC., a Delaware oorporation Debra L. smIfhart, Executive Vice President and Chief Pinancial Officer . Date'________________________ 92247 5917 .....􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭 􀀭􀁾􀀮􀀭􀀭􀀮􀁾 r------------------------------. The undersigned, AS qround lessee of Treat 2, does bereby agree to the amendments set forth in this Amendment effective as of the date and year first aboVe written. 􀁇􀁒􀁁􀁄􀁙􀁾􀁓􀁴􀀠INC .. t a Tennessee oorporation DiBrA II. SDlithart, Executive Vioe President And Chief FinanciAl Officsr S'l'A'l'l! OF '.rI!XAS S II COtl1l'l'Y OF DALLAS S 'l'his instrwnent WAS Acknowledged before IIl8 on this dAy of , 1992, by DebrA L. Sm1thArt, Execub.vs Vioe "P-=r"'e-=s"i"ar.:.."'n"f'-"'A=n"a"'-C""'h"r!£sf FinAnciAl Office..-of HODEIUlAG!!, ZIIC., A DelAWAre corporation, on behalf of said corporation. 1I0'l'ARY PU:sLZC, S'l'A'l'l! OF 'l'l!XAS 􀁓􀁾􀁁􀀧􀀮􀁲􀁂􀀠OF Tennessee S S COtI1I'l'Y OF Shel by S 'l'his instrument WAB Acknowledged befor.. IIl8 on this lZth dAy of November , 199 Z ,by Donald H. Dempsey -of uOMkwoob sOltis BQUI1r OBVELOPMSNT CORPORA'l'IOII, A belaware corporation, on behalf of said corporation11 ,.' 􀁪􀀠•• ',:,\, .,·1:: .....a .' •~ ~ IlV.·. 􀀯􀁁􀀧􀀻􀁏􀁩􀀧􀁁􀁬􀁣􀁩􀀧􀁐􀁴􀀡􀁂􀁂􀁌􀁬􀁣􀁾􀁾􀀧􀁾􀁾I ' • ":1 V·' ">; '. My Commission Expires: 􀁾􀀺􀀡􀀧􀀠.􀀬􀀢􀀡􀀺􀀮􀁾􀀺􀀺􀀠n 􀁾••:, ','I-pA:;.07f, aU 922,+ 7 5918"-----------------------------.---, 3. 􀁾􀁥􀁲􀁭􀁳􀀠defined in the Agreements delinaated hsrein by initial o..pital letter ah..ll lulve the .""'" 1O....ning asoribed thereto in the Agreementu, exoept to tbe extent the meaning of auoh 􀁴􀁥􀁾􀀠b specifioally modified by th.. provi.ions hereof. In addition, other te""", not defined in the Agreement. but defined harein, >1ill, >1h..n delineated with initial o"pitalletters, have the _aning. allOribed thereto in thb AlOendmant. Te"""" ..nd phrases >1hioh are not d ..lin....t.d by initial oapitAl letter shall have meanings oommonly ascribed th.reto. 4. Exoept .e specifioally amended by the provisions hereof, the terms and providon. of the Agre.....nt. .hall oontinue to govern in the right. ....d obligation. of the partiesthereunder1 and all provisions and OQVenAnts of the Agreementsshall remain in full foroe and effeot a. st..ted therein.' '.Phis Amendmsnt and the Agreement" "hall b. oonstru.d a. one instrument.' 'l'he terms, provisS.oDa and covenants of this Amendment shall inure to the benefit of and be binding uponthe parties hereto and their respeotive heirs, succesaora in interest, ..nd their legal representatives. Executed as of the dates set forth below .aoh signature, but effeotive for all purpoeee a. of the d..te sst forth here and abovs. HOMEWOOD SUI'.PBS 􀁂􀁑􀁕􀁉􀁾􀁙􀀠􀁄􀁂􀁖􀁂􀁌􀁏􀁐 􀁾􀀠OORPORATION, .. oorporation Its. D.tA'T-________________􀁾___ BY'::::::::::::::::::::::::: dllev..L2ll1fttft lriiiiiiiON Date, 􀁾􀁃􀁦􀁺􀁴􀀮􀁨􀁴􀁴fI, I" ..... MODBRNAGB, IRC., a oorpor..􀁴􀁾􀀧􀀮􀁮 􀀠" 5919 orhe undersigned, as ground le..... of or""ot 2, doe. heraby ag"ea to the ..,.anament.. Bet fortb in thiB Amendment effective as cf the date and year first above written. GRI\I>Y 'S, INC., a \rOn'X'SS88 􀁯􀁄􀀮􀀺􀀺􀁾􀁯􀁲􀀬..t1'>n ST.l\Il'R 01' '.rIlXAS Ii Ii CO= 01' !ll\LLl\S S orhis instrument WAS aoknowledged bafore me on thi.. 1'>#, day cf 􀁬􀁐􀁣􀁾􀁾􀀠, 1992, bY Debra L. Smitbart, Bxecutrv. Vice;Pre. en IUid Chief l'inancIel. Officer of HODBlUIAGB, INC. , a Delaware oorporation, on behalf of said corporation. 'hi 01' 'l'BXASNOO'ARY O'BLIC, S sorM'll OF ____ Ii IiCOlIN'l!Y OP' ___ Ii orhiB inBtrument WaB acknowledged b .. fore mo on this day of ,199 ,by of 􀁂􀁾􀁗􀁏􀁏􀁄􀀠sol!is kQUX'Y hBVitbpkBNft!Oi\POI\ATfoN, .. oorporation, on behalf of "aid oorporation. Ncr.!!1IRY PUBLIC, S'rA'l'B 01' _______ My Commission axpire., 5920 l --------------_.--- S=rlI 01" 􀁾􀁾􀀠,; s􀁃􀁏􀁾􀀠OJ/' DaJJAl, s 􀀱􀀢􀁜􀀮􀀧􀀱􀀧􀁾􀁾J.n"!rwllent was Aoknowledged before IIIB on this II /:Jt dAy of __􀁾􀁾􀁾􀁕􀁾􀁾􀁾􀁾􀁾_______, 􀀱􀀹􀀹􀁾􀀬􀀠by Daryl N. Snadon, an IUaIVidual. 􀁊􀁁􀁎􀁾􀁾􀀮􀀠Li!.£ 􀀮􀀮􀀮􀀬􀁾􀁾􀁾􀀮􀀠,lu;1 Il*, 1SSJ I!y COIIIIII1..,aj.(>n S'l'A'l'B 01" 'l'BXAS S S 􀁃􀁏􀁾􀀠OJ/' Ill\LLI\S S Ile This instrwoent "a. aoknowledged bafore .... 011 thb 􀁾􀀮􀁹􀀬􀀠day of . 􀁣􀁾􀁦􀁬􀁁􀁴􀀨􀀠, 1992, by Dabra L. Slllithart, lIxeoiitIV.. Vic.. Preli Cent aQd chia l!'iQ"""ial otfio.r ot GRADY'S, INC., a '1'011""'''8'''' corporation, on behalf of said corporation. " .' i·, .. " ' . 􀁾􀀮􀀻􀀠,"' .., ,. ".:" 92241 􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀁾􀀬􀀭􀀭􀀭􀀭..----' 7 GZ6S L*/Zl6 "'-------------_._-_._.._-.. I i ' .-J. THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DALLAS § This Access Road Ejiement and Maintenance Agreement is made as of October ". 1989 among Camden Financial corporation, a New Mexico corporation ("Camden"), Daryl N. Snadon ("Snadon"), and Homewood suites I:quity Development Corporation ("Homewood suites"). WHEREAS, Call1den is the owner of the tract of land situated in Dallas County. Texas. and more particularly described on Exhibit A attached hereto and hereby made a part hereof ("Tract 1"); and WHEREAS. Snadon is the owner of the tract of land situated in Dallas County, Texas. and more particularly described on Exhibit 8 attached hereto and hereby made a part hereof ("Tract 2");' and WHEREAS, Homewood suites is the owner of the tract of land situated in Dallas County. Texas, and more particularly described on Exhibit C attached hereto and hereby made a part hereof ("Tract JU); and WHEREAS, Camden is also the owner of the tract of land situated in Dallas County. Texas, and more particularly described on Exhibit 0 attached hereto and hereby made a part hereof (-Tract 4"); and WHEREAS, 􀁃􀁡􀁾􀁥􀁮􀀠and Snadon previously execute4. and delivered that certain Easement Agreement dated August 31, 1989, recorded in Volume 89171. Page 0345 of the Deed Records of Dallas county. Texas (the "Easement Agreement"); and WHEREAS. Camden has constructed (or will construct) a private street (the "Acce:ss Road") on the strip of land more particularly described on Exhibit E attached hereto and hereby made a part hereof, a portion of which lies on Tract 2 and a portion ot Which lies on Tract 3 (the "lIccess Road Parcel"):and WHEREAS, the parties hereto desire to contin certain easements created pursuant to the Easement Agreement and to 89'95 --􀁾􀀧􀀮􀀺C=-:":"=:-==:=============================.=...::... 􀁾􀀽􀀭􀀺􀀭􀀺􀀺􀀭􀀺􀀮􀀠 allocate responsibility for the maintenance and repair of the Access Road, as hereinafter set forth; NOW, THEREFORE, in consideration of the premises and the 􀁾􀁵􀁴􀁵􀁡􀁬􀀠covenants, obligations and agreements hereinafter set forth, and other good and valuable consideration, the receiptand sufficiency of which are hereby acknowledged, the parties hereto covenant and agree as follows: l. The parties hereto do hereby confirm that the perpetual nonexclusive easements qranted to the owners of Tract 2, Tract 3, and Tract 4, and their respective successors and assigns, including any future ground lessee or owner thereof, pursuant to section 2 of the Easement Agreement, cover the Access Road Parcel described on Exhibit E attached hereto; provided, however, that, notwithstanding anything to the contrary in the Easement Agreement, there shall be 􀁥􀁾􀁣􀁬􀁵􀁤􀁥􀁤􀀠from the portion of the Access Road Parcel covered by the easements granted for the benefit of the owners of Trac:t 2 and Tract 4, and their respective successors and assigns, including any future qround lessee or owner of Tract 2 or Tract 4, that 'certain portion of the Access Road Parcel desiqnated as a "2' landscape easement" on the plat recorded at VolUlDe 89166" Page 1\174 of the Deed Records of Dallas county, Texas (the "Landscape Easement"). The LandscapeEasement shall be maintained by Homewood Suites, and its successors and assigns, including any future ground lessee or owner of Tract 3, solely ,for its own benefit. 2. Notwithstanding anything to the contrary set forth in Section 4 of the Easement AgreelDent. Camden. its successors and assigns, inclUding any future owner of Tract 1, shall be responsible for the maintenance, service, repair, restoration, replacelllent, resurfacing, restriping, and lighting of the Access ROad Parcel, to the extent necessary to maintain the Access Road in a qood and usable condition for pedestrian and vehicular traffic and in compliance with all applicable laws and regulations. The owner of Tract 1 shall be entitled to reimbursement froQ the owners of Tract 2, Tract 3. and Tract 4, for their respective proportionate part of such maintenance and repair expenses incurred by the owner of Tract 1. within thirty (JO) days following the submission to such owners of copies of bills for, and evidence of payment of, such expenses incurred by the owner of Tract 1 solely for such purpose. For purposes of this Agreement, each owner's Nproportionate part" shall mean the percentaqe detemined in each case by a fraction, the nUlDerator of which is the number of square feet contained in such owner's Tract and the denominator of which is the sum of the total number of square feet in Tract 1, Tract 2, Tract 3, and Tract 4. 3. In the event that Camden (as owner of Tract 1), its successors and assigns, including any future ground lessee or owner of Tract 1 (the "Defaulting owner"), shall fail, refuse or for any other reason be unable to maintain and repair the Access Road Parcel as hereinabove required, Homewood Suites, its successors and assiqns, includinq any future ground lessee or owner of Tract 3, or Snadon, his successors and assiqns, including any future ground lessee or owner of Tract 2 (each such owner of Tract 2 or Tract 3, a "Nondefaulting Owner"). upon thirty (30) days written notice to the Defaulting OWner Of. its intention to exercise its· option· hereafter granted to undertake such maintenance and repair responsibilities and. upon the Defaulting Owner's failure (i) to commence or resume such maintenance and repair responsibilities within such thirty (30) day period or (iil thereafter diligently to continue to perform such maintenance and repair responsibilities, shall have the option, but not' the obligation, to maintain and. repair the Access Road. parcel. (a) The owner of Tract 3 shall have the right of first refusal to undertake such maintenance responsibilities as the Non-Defaulting Owner. In the event that the .owner of Tract 3 fails to notify the owner of Tract 2 of its election to perform such maintenance responsibilities as the tlondefaulting owner, "Within thirty (30) days following written notice from the owner of Tract 2 requesting such electi.on, the .owner of Tract 2 shall have tile option t.o perf.orm such maintenance responsibilities as the Non-Defaulting OWner hereunder. (b) The Defaulting OWner's proportionate part (determined as·hereinabove set forth) of any amounts expended by the Nondefaulting owner pursuant t.o this Section in performing the obligations of the Defaulting Owner with respect to maintaining and repairing the Access Road Parcel, sball be payable t.o the l'iondefaulting Owner Owner within ten (10) days following written demand. for such amounts to the Defaulting Owner, and shall bear interest fr.om the due date until paid at the lesser of (i) a floating rate of interest equal to the prime rate, as announced or published by NCNS 'i'exas National Bank from time to time, plus two percent 􀀨􀀲􀁾􀀩􀀠per annum or (ii) the maximum rate allowed by applicable law. -3-,-, 􀁾􀀠􀀢􀁾􀀧􀀮􀀠--􀀮􀀭􀀭􀀭􀀭􀁾􀀮------------- (c) The owners of Tract 2, Tract 3 and Tract <4 each agree to reimburse the Nondefaulting Owner for their respective proportionate part of such maintenance and repair expenses incurred by the Nondefaulting Owner pursuant to this Section, wnich reimbursement shall be made within fifteen (15) days followingwritten reguest for reilllbursement, Which 'reguest shall be accompanied by copies of bills for such expenses incurred by the Nondefaulting OWner. Any reimbursement amounts not paid within thirty (30) days follow1ng written reguest therefor to the respective o\oll1er of Tract 2, Tract 3 or Tract 4 shall accrue interest from such due date until paid at the lesser of (i)' a floating rate of interest egual to the prime rate, as announced or published by NCNB Texas National Bank from time to time, plus two percent (2\) per annum or (ii) the maximum rate allowed by applicable law. (d) In the event that the Nondefaulting OWner is reguired to, or does, retain counsel in order to collect amounts due from the owners owners of Tract 1, Tract 2, Tract 3 and/or Tract 4, the Nondefaolting Owner shall be entitled to reiJlburselDent for its expenses of collection, including reasonable attorneys' fees, court costs and other legal expenses, in addition to other reimburselDent amounts and interest thereon due hereunder. (e) Notwithstanding anything in this Section t'o the contrary, either Non-Defaulting OWner shall have the option, following the assumption of maintenance and repair responsibilities with respect to the Access Road Parcel, thereafter to relinquish such responsibility back ,to the owner of Tract 1 upon thirty (30) days prior written notice to the owners Of Traot 2, Tract 3, and Tract 4, at which 􀁴􀁩􀁾􀁥􀁴􀁨􀁥􀀠owners of Tract 2, Tract 3, and Tract 4 each shall have the option to enforce the obligations of the owner of Traot 1 pursuant to this 􀁁􀀹􀁲􀁥􀁥􀁾􀁥􀁮􀁴􀀮􀀠4. In addition to the 􀁲􀁥􀁾􀁥􀁤􀁩􀁥􀁳􀀠set forth above, 'in the event of any violation or attempted or threatened violation of the provisions of this Agreement or any interference or attempted or threatened interference with the rights herein granted, the prOVisions of this Agreement may be enforced by any owner of any portion of Tract I, Tract 2, Traot 3 or Tract 4 by restraining orders and injunctions (temporary or • permanent) prohibiting such violation or interference and commanding 􀁣􀁾􀁰􀁬􀁩􀁡􀁮􀁣􀁥􀀠with the provisions hereof, which restraining orders and injunctions shall be obtainable upon the proof of the existence of such violation or attempted or threatened violation or interference, and without the necessity of proof of inadequacy of legal remedies or irreparable harm. 5. The provlsJ.ons of this Agreement shall not be _modified, waived or terminated except by an instrument in writing executed and delivered by all of the owners of fee simple title to Tract I, Tract 2, Tract 3, and Tract 4. No consent to the modification or waiver, from time to time, or termination of the provisions of this Agreement shall ever be required of any tenant, customer, employee, agent or invitee as to any portion of Tract 1, Tract 2, Tract 3 or Tract 4, nor shall any such party have any right to enforce any of the provisions of this Agreement; provided, however, that such rights may (but-need not) be enforced on such party's behalf by the owner of the Tr.act as to which such party is a tenant, customer, employee, agent or invitee. 6. Nothing contained in this Agreement or in the Easement Agreement shall ever constitute or be construed as a dedication to the public of any interest herein, therein, or in any part of Tract 1, Tract 2, Tract 3 or Tract 4, or to give any member of the public any right whatsoever therein. 7. If any provision of this Agreement or the Easement Agreement shall, for any reason, be held violative of any applicable law and/or unenforceable, then the invalIdity of such speCific prOVision shall not be held to invalidate any other provision hereof or thereof, all of which such other provisions shall remain in full force and effect. 8. In the event of any conflict between the provisions of this Agreement and the prOVisions of the 􀁅􀁡􀁾􀁥􀁭􀁥􀁮􀁴􀀠Agreement, the provisions of this Agreement shall control. 9. This Agreement may be executed in two (2) or more counterparts, and it shall not be necessary that the signatures of all parties hereto be contained on anyone counterpart hereof; each counterpart sha11 be deemed an original and all such counterparts together shall constitute one and the same instrument. lQ. This Agreement shall be construed and enforced in accordance with the laws of the State of Texas. III WITNESS WHEREOF, the parties here'.;o have executed this Access Road Easement and Maintenance 􀁁􀁾􀁲􀁥􀁥􀁭􀁥􀁮􀁴􀀠as of the day and year first above written. CAMDEN FINANCIAL CORPORATION 􀁾􀁩􀁾􀁾􀁾􀁶􀀠Its: ,I1fIf,S • Daryl N. Snadon HOMEWOOD SUITES EQUITY DEVELOPMENT CORPORATION 􀁾􀀬􀁾􀁾􀁉􀁔􀀡􀁾􀁴􀀧􀀱􀀺􀀻􀀵􀁃􀁾􀀺􀀻􀀱􀀶􀁾􀁾􀁾􀀩􀀠..The undersigned does hereby consent and agree to all amendments to the Easement Agreement (as defined in the foregoing instrument) set forth or contemplated in the foregoing Access Road Easement and Maintenance A<;Ireement, effective as of the day and year first above written. GRADY'S, INC. 􀁂􀁹􀀺􀁾􀁾􀁾__________________ Printed NaJDe: Title: ----------------• IN WITNESS WHEREOF t the parties hereto have executed this Access Road Easement and Maintenance Agreement as of the dayand year first aboVe written. CAMDEN FINANCIAL CORPORATION By:􀁐􀁲􀁩􀀭􀁮􀁴􀁾􀁥􀁤 􀁾􀁾􀁎􀁾􀁡􀁭􀁥􀀭􀀭􀀺􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭Its: 􀁾􀀭􀀻􀁾􀁾􀀭􀀢􀀧􀀯􀁉􀁩􀀭􀀬􀁫􀁾􀀻􀀠􀁾􀀭􀀧􀁾􀀭􀀭􀀭􀀽􀁾􀀭􀀧􀁁􀀭􀀢􀀠Daryl r.Snadon HOMEWOOD SUITES EQUITY DEVELOPMENT CORPORATION By:__􀁾􀀬􀀮􀀬􀀮􀀭_ _______Printed Name'__________________Its'_______________________ The undersigned does hereby consent and agre" to all alIIendments to the Ea"ement Agreement Cas defined in the foregoing instrument) set forth or contemplated in the foregoing Access Road Easement and Maintenance Agreement,effective as Of the day and year first abov" written. GRADY·',S. .INC. By:􀁐􀁲􀁩􀁮􀁾􀁴􀀷􀁥􀁤􀁾􀁾� �􀁾􀁡􀁭􀁥􀁾􀀺􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭Title'___________________ I I ! IN WITNESS WHEREOF, the parties hereto have executed this Access Road Easement and MaintenanCe Agreement as of the day and year first above written. CAMDEN FINANCIAL CORPORATION By:􀁐􀁲􀁩􀂷􀁾􀁮􀀽􀁴􀁥􀁡􀁾􀁾􀁎􀁾􀁾􀀽􀁭􀁥􀁾􀀺􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭Its'_____________ Daryl If. Goadon HOMEWOOD SUITES EQUITY DEVELOPMENT CORPORATION By: 􀁐􀁲􀁩􀁾􀁮􀁾􀁴􀀭􀁥􀁤􀁾􀁾􀁎􀁾􀁡􀁭􀁥􀀭􀀭 􀁾􀀺􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭Its:_________________________ The undersigned does hereby consent and aqree to all amendments to the Easement Agreement (as defined in the foregoing instrument) set forth or contemplated 1n the foregoing Access Road Easement and Maintenance Agreement, effective as of the day and year first above written. " ...89:95 1652 THE STATE OF TEXAS § § COUNT'i OF DALLAS § BEFORE ME, the 􀁵􀁮􀁤􀁾􀁲􀁳􀁩􀀹􀁮􀁥􀁱􀀠authority" An tbiis cl,aypersonally appeared \ \%C Jj:\-'\cy") , 􀁹􀁲􀁾􀀭􀀻􀀧􀁃􀁙􀀬􀀧􀁊of Camden Financial COl:poration, a New Mexico corporation, known to me to be the person and officer whose name is subscribed to the foreqoinq instrument, ana acknowledged to me that he/she executed the same for the purposes and conSideration therein expressed, in the capacity therein stated and as the act and deed of said corporation. 􀁇􀁉􀁖􀁅􀁎􀁟􀁕􀁎􀁄􀁾􀁒􀀠MY HAND AN!) SEAL OF ,tlFFICE, this the L.. dayof ( '( '1\ >\ y',' , 1989,' \ , ", 􀁜􀁜􀁾􀁣􀁩􀁜􀀧􀁊􀀠['/'01'':'/Notary4>ublic in and fort; the S,tate of Texas Print Name,My 􀁣􀁯􀁭􀁭􀁬􀁳􀁳􀁩􀁯􀀭􀀭􀀭􀀧􀁮􀁅􀀧􀀭􀁸􀁰􀁾􀁩􀁾􀁲􀀭􀁥􀀭􀁳􀀭� �􀀭􀀭􀀭􀀭(SEAL) THE STATE OF TEXAS s § COUNTY OF "Da\\g\ S BEFORE ME, the undersigned authority, personally appeared Daryl N. Snadon, known to on me this to be day the person whose name is subscribed to the foregoinq instrument, and acknowledged to me that he executed the same for the purposes,and consideration therein expressed. GIVEN UNDER MY RAllO lIND SEAL OF OFFICE, this the 􀁾day of Cr !t.tm , 1989. (SEAL) 89 i 95 , ,./THE STATE OF 7i.t § 5Iv.1¢U § COUNTY OF § BEFORE KE, the undersigned authority: 􀀡􀀬􀁏􀁾􀀼􀁴􀁨􀁩􀁳􀀠􀁾􀁡􀀡􀀠personally appeared JOaricP :?i filc-n Q&> 􀀬􀁾􀁤􀁦􀁬􀁦􀀡􀁩􀀠f LtC. of Homewood suites Equity Develop nt Corporation, a Delaware . corporation, known to me to be the person and officer Whose name is subscribed to the foregoing instrument, and acJcnowledged to me that he/she executed tne same for tne purposes and consideration therein expressed, in the capacity therein stated and as the act and deed of said corporation. GJ:VEN UNDER MY HAND AND SEAL OF OFFICE, this, the 15"" day of C!\jo-l 􀁾􀀠,1989. •·cd\l.. 1. J Notary Public in tor the State ot 􀁔􀁬􀀺􀁎􀁴􀀺􀂷􀁩􀀮􀁃􀁦􀀧􀁾􀀠Print Name: Di"!)'iI B \<.<\\...,1".<:>,,, My Commission Expl.res: 'Jl-{-'I;, THE STATE OF TEXAS § § COUNTY OF DALLAS § BEFORE ME, the undersigned authority, on this day personally appeared • of Grady's, Inc., a corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed'the same for the purposes and consideration therein expressed, in the capacity therein stated and as the act and dead of said corporation. ' GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the __ day of t 1989. Notary Public in and for the State of TeXas Print Name: My COllimissio--n-=E=-xp=i-r""'e-s-:----(SEAl.) 89195 I 65.4. p THE STATE OF § § COUNTY OF ____ § BEFORE ME, the undersigned authority, on this day personally appeared , of Homewood Suites Equity Development corporation, a Delaware corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed, in the capacity therein stated and as the act and deed of said corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the __ day of , 1989. Notary Public in and for the State or Print Name: 􀁍􀁹􀁃􀁯􀁭􀁭􀁩􀁳􀁳􀁩􀁯􀀭􀁮􀁾􀁅􀁾􀁸􀁰􀁾􀁩􀁾􀁲􀁾􀁥􀁾􀁳􀀭􀀺􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭(SEAL) THE STATE OF TEXAS § § COUNTY OF DALLAS § BEFORE ME, the undersigned authority, on this day personally· appeared ED\.IARD '!. PALMS ,SENIOR VICE PRESIDENT of Grady's, Inc., a 􀁔􀁅􀁾􀁦􀀢􀁅􀁓􀁓􀁅􀁦􀀮􀀠corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same. for the purposes an·d consideration therein expressed, in the capacity therein stated and as the act and deed of said corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 􀁾day of OCTOSER , 1989. and for the Sta of Texas Print Name: JANET 1".1 • B!'SCII My Commission Expires: 7/1/90 69195 1655 􀁅􀁾􀁾􀁾􀁾􀂷􀂷􀂷􀂷􀀭􀂷􀀺􀀺􀀺􀀺􀀭􀁾􀀮􀁾􀁾􀀭􀀻􀁾􀁾􀁾􀁾􀀠'----------------------_.-..... ... ..:; After Recorainq Return To: Thomas E. Davis Bracewell & Patterson 4000 Lincoln Plaza 500 North Akard Street Dallas, Texas 75201 (214) 740-4000 89195 1.656 J ",.....􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀁾􀀢􀁾􀀠1U""'_ ..,1"9 • 12.5'5 Icce tract of land .1tuettld 1ft ttl. Ed"."d COok 􀁳􀁕􀁥􀀧􀁙􀀮􀀩􀀧􀁾􀀠Abatraet "0. '26 and ttM t:. fl". $\IeYfty. A»tf..Ct No. 􀀴􀀷􀀱􀁾􀀠Oal1•• 􀁃􀁯􀁵􀁮􀁴􀁹􀁾􀀠􀁾•••a. and beln, tho•• 􀁥􀀮􀁾􀁴􀀮􀁬􀁦􀁴􀀠tract. of land •• d••ctlbe1! tn 4eN '0 C"".n ..lunelel eorronuOft •• 􀁲􀀮􀁥􀁯􀁴􀀴􀁾􀀠1ft 􀁖􀁯􀁬􀁾􀀠.'17,. '19* 2521, end 􀁖􀁡􀁬􀁾􀀠"llt. ,a9' 11$1. I>H4 lI!.eord.. 􀁾􀀠kU•• COUNtr. ,.........14 U.s., acta tr.ct "U'9 partiCUlarly d",crlb4G by ..t.e. and bound••• fullovl: • .:IrtntttlO at • liZ Inch lrM cod. 􀁦􀁯􀁵􀁬􀀧􀁬􀁤􀁾􀀠1ft the nortMrly rl9htot-••), 11,.. of ..lUlnl Aoad •• 100 hOt wl\1. ""bUt: rigbt"ot"""'*r...of t.M lout,....terly cortler ot • trKt of laM •• ehown to aod-.y Inn accord!A; to the pl·lt.•• r.COl'ded in yot... 11013. ,.,. 771, .atd COuntr a.cordl: 'nQ!Hc1:. North: O' "'9t••' C. tntnut•• !u ••t;:on'. un. H",a tn:t to • t/t Incb Ito" rod _nl\ cap 􀀮􀁴􀁉􀀢􀀧􀁾􀀠-Cartar & &vtt's.... 􀁴􀁯􀁵􀁨􀁩􀀺􀁴􀁾􀀠at trwt ftotth••n_,rly co:rnu of ,ud "od.......y lnn tc.c.t • •.-. Mln9 1ft U,••ouU\edr rl,ht"Q("\4Y' Un_ of tn. St. "LaIolU .ad Southwe.tern .al1cQa4: 􀁾􀀮North aD de,tee. S) _lnut•• 00 • .conGI 􀁴􀁡􀀧􀁴􀁾􀀠1'4.'0 f••t .1on, ••1d .,outharly tl,ht..ot..".y l1n. 'to • tIl Inch iron rod • ..,Un cap ,t_s>" ·C.rter &. IhU'r.'·􀁾􀀠found. .... Mln9 tha nortn--nedy COtner of • t.r.-:t 0 1."d .. d••crlbtld In d_" to tbe CUy of paU.. e. c.cotdfld co, ""gust a, US.. ,.eld countyJt.cord_: 􀁔􀁈􀁾􀀮􀀠South 00 detr••• 4) MlnueeJ 00 ••conds wa.t. "'42t t••t to • In 1nch 1fCln rod. found" ttw: .outh....t.rly cornu' of ...14 Cuy of pell•• 􀁴􀁲􀁥􀁣􀁴􀁾􀀠SNN iMlIUJ 1n the .tor....ntlonH northerly cI9nt-ol-way 11". of 􀀧􀁾􀁴􀀮􀁬􀁬􀁮••o.d; 􀁾􀀮MOtU, It da,tH' to ftllnvt•• 00 sacoM......t. 144.'0 t..t alon9 .a1-" northatly r1,nt ..ot-wey 11ft. to a liZ Inch Iron tod. twn'. .... M1n9 tha: M9lnn1n, of • evr"'a 􀁃􀁏􀁮􀁴􀀺􀀮􀁾􀀠to the nortn...t., 1IIbo.. ndlv. L:I ;t114.19 te.t••nd who•• lon,chOtd bear. "ortb ,7 'ett... OJ 􀀮􀀱􀁮􀁶􀁾􀁡􀀮􀀮􀀠tS ,.cond. -••t, )".42 f••t: 􀁾􀀮alon9 ..ld evrya .nd .a1d northerly ,1iM.•of..",., Un. In • aoctbwtrstlrly dUaC'tiOll. t;horCN," a Q.nual ."01. of 0$ d.,n.. 14 aInu,., '0 •.conG,••n .rc 1.n,tb of 21'.11 f••t to • 􀁾􀀯􀀲􀀠Inch Iron 􀁲􀁾􀀮􀀠found. 􀁾􀀮Moftn .. d-,r••' " _lnuLl, ,••.eond. 􀁾••􀁴􀁾􀀠).'.11 r••t deaf ,a14 ftOrtMtly rl.ht...t.....a' 11M ,. tM tOttr1' 0' HGIMMUC &ad cootal.ftIAt SI. "f Kr.. of land. _t.or 1•••. SAVE AND EXCEPT, HOWEVER, (1) tne tract or parcel of land conveyed to the Town of Add1son by Correction Corporate street Deed dated March. 7, 1988 and recorded in Volume 88059, Page 3388, Deed Records, Dallas County. Texas. and (ii) th.e three (3) tracts orparce!1I of land described on ixhibits I, 􀁾􀀬􀀠and 􀁾􀀠attached to the foregoing Access Road Easement and Kalntenance Agreement. 1657 14 Being Lot 2, Addison Oaks Addition, an Addition to the Town of Addison, Dallas county, Texas, accordin9 to the plat thereof recorded in volume 89166, Page 1974, Deed Records, callas county, Texas. 1659 _. J 􀁾􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀁾􀀠 Ji!Xl!IBIT C Being Lot 1, Addison Oaks Addition, an Addition to the Town of Addison, Dallas county# Texas, according to the plat thereof recorded in Volume 89166, page 1974, Deed Records. Dallas county. Texas. lE.\41ru\.OOI 􀀰􀀸􀀹􀀰􀀰􀀱􀁾􀀮􀁯􀁯􀁴􀀠89195 1659 _____-=---=--=-=--___􀀭􀀽􀀽􀀽􀀽􀀺􀀺􀀽􀀺􀀺􀁾􀀽􀀭􀁴􀀭􀁟􀀠 EXHIBiT D BEINe 􀁾􀀠1.)2: acre 􀁴􀁾􀁾􀁥􀁴􀀠of I.nd 􀀤􀁩􀁴􀁵􀁾􀁴􀀮􀁤􀀠in the 􀁅􀁤􀁷􀁾􀁲􀁤􀀠Cook Survey. Abstr.c: No. 321> and :h. E. fike Survey. Abstract No. 1.7&. 􀁄􀁾􀁬􀁬􀀮􀁳􀀠County. Tex.as. sal.d 1.127 aece 􀁴􀁲􀁾􀁣􀁴􀀠o! land beln, A portion of that 􀁣􀀮􀁾􀁴􀁡􀁩􀁮􀀠􀁴􀀲􀀮􀁾􀀸􀀶􀀠acre :r.ct of land 􀁾􀁳􀀠􀁣􀁯􀁮􀁶􀁾􀁾􀁥􀁤􀀠to C.mden Fl"ancl.1 Corporation AS recorded in vQlume 86t70. 􀁐􀁡􀁧􀁾􀀠2523. and Volume 84189. roS' 􀀱􀀶􀁾􀀱􀀮􀀠Doll•• County O ••d R.cord•• SAid 1 727 acre trac.t of lAnd baing !'IIor. particulArly a.scribed by l'JIete$ .and bounds as follolis: 8£Gt?UHNC ,It: "' l .. 􀁾􀀠s.nch iron rod, 􀁦􀁑􀁵􀁮􀀴􀁾􀀠tne 􀁳􀁯􀁵􀁾􀁨􀁥..st corner at S,al(l 1:; 586 .cre erie'C, s.nae belng the southwest cornet of ch.it clrt..a.ln tr&cc of land as oeser-thld. in de.a to the City of D.alLis ,as rec-ord.d on Augu$' S. 1958. StUd Couney teeord•• and beins in the noreherly rlaht·of·way ltoe o( aeltline Road . • lOO foot vid.. publio rlght·"f·.,..y, THElleE "89'40'00-11 t••. 90 hot oIonlJ said noreharly riaht·of·...􀁾􀁹􀀠II". <0 :n. beglnn1ng of • 􀁾􀁵􀁲􀁶􀀮􀀠concave northerly vhos. t&diu$ is 2814.79 feet And whoJe t"n!chard b...r$ 􀁾􀀸􀀹􀀧􀀱􀀴􀀧􀀴􀀶􀀧􀀱􀀱􀀠41.31 􀁾••c; THENCE westerly 􀁾􀁬􀁑􀁮􀁧􀀠said eurv•. thtQuah 􀁾􀀠􀁾􀀮􀁮􀁣􀁲􀀦􀁬􀀠anile of 00-50'2'-an arc d1sc..n-c. of 41. .31 f ••t: to che end. of ••ic1 CUI"V*' tHEIICE S89'SI'Ol"E l89.94 f.le; !HElICE SOO'43 '00'\1 400.34 f •• t to eh. POINT OF 􀀸􀁾􀁬􀁎􀁙􀁉􀁎􀁃􀀠.nd oontalning 1.127 acre. (75.229.4 Sq. ft.) of land, eore or l •••. .-": :;.􀂷􀁾􀀢􀀺􀁾􀀺􀁾􀀯􀁦􀂷􀀺􀀡􀀻􀂷􀀺􀂷􀀺􀀬􀀠􀀺􀀮􀁽􀀭􀀮􀁾􀀧􀀢􀀢􀀮􀁾􀀢􀀧.... "",, " 1660 o. ' ;' ./EXIIlBIT Ii: aeine a 0,34...en tra:c of hn4 s1t"at.n .! thu "e.-td" 12.556 '"He 􀁾􀁕􀁥􀁴􀀠of I..nd as con\'*y,..' to ' .... ".n FlnallCtal COfl'0r .. Uon .. ru;.. rc!td In Vol..... 86110. Paga 2S23, 􀀮􀁮􀁾􀀠Vulum4 84189, Pao-1£'1. Dalla. 􀀧􀁯􀁾􀁮􀁥􀁹􀀠􀁄􀁾􀀮􀂫􀀠Roeor•• , ••14 􀁏􀀮􀀳􀁾􀀶􀀠aen tuet· of 1.&n4 bd", ....... pattle"l..:l)· duerl!:.•.! by &ecu "lid bound. Of tollov.: COHHENc!NC It a 1/2 Inch 'ron lrod, fo..nc!, th" south".n cer .... 1' of ..III 12 ..58' aer.. 􀁣􀁲􀁾􀁴􀀠and eha soucha••t :orner o{ thot cert.1n tract 􀁾􀁦􀀠l.nd .I, c.scr1bell In d ••4 to aodeway ran CorFor_t1an ., 􀁲􀀮􀁣􀁯􀁲􀁾􀁾􀀠In 􀁖􀁯􀁬􀁾􀀠110S2, pAlo 􀀱􀀱􀁾􀀬􀀠.ald O••d R"cords, 􀁾􀁮􀁤􀀠ba1nl 1n eha 􀁮􀁯􀁲􀁣􀁾􀁲􀁬􀁲􀀠rilht·of-vay lin. of 􀁉􀀮􀁬􀁾􀁴􀁩􀁮􀁡􀀠R...d••, 100 foot' "ld. pubHclrl'bc·.of....y; THDtCI S8'"31'''"' 275.00 f ..t do." do." ,&td I\orthnly 􀁾􀀢􀁨􀁴􀂷􀁯􀁦􀂷􀀢􀀮􀁹􀀠tiM to 0.. POINT or StcIGKIMC of rbe tr.ce 􀁢􀀮􀁾􀀮􀀱􀁮􀀠􀁾􀁣􀁔􀀱􀁢􀀮􀁤􀀻􀀠ntlllCE 􀁉􀁩􀁕􀀧􀁏􀁬􀀧􀁬􀁾􀀢􀂣􀀠eO.69 tut; TKlHCE 1101)·08'st"' 109.36 tou; ntEMCE Slt"51'Cl"E 36.00 t••c: THENCE $OO·OS-""V '91.11 t ••c '0 • ,o1nc 11\ the .for•••'6 ftOctb.rly riaht-.'. ".7 Una, eh. b.,tm1nl of a IIOn'''a'''loIIC ¢urva co"".v. co 1;h. north vIIo•• r.dLu. 1. 2'14.79 􀁲􀀮􀁥􀁾􀀠•.,4 who•• lonachor4 b.ar. 􀁉􀁩􀁒􀁾􀂷􀀵􀁬􀂷􀀰􀀧􀂷􀁶􀀠 ".20 f ••c: TH,,"ct v",t.rly ••lona .a(4 nor.·t.n,."c curvt, .,,4.10"& ••1d 􀁮􀁯􀁴􀁾􀁲􀁬􀁹􀀠rLlht. of.vay 11n•• thcouJh a ••􀀢􀁣􀁾􀀮􀁬􀀠•.,,1. of 􀁏􀁑􀀢􀁓􀁾􀂷􀀱􀀲􀂷􀀠􀁾􀁮􀀠arc 4t.toftC. of 􀀴􀁾􀀬􀀲􀀰􀀠f,.t to & 1/2 tftCh rod, found, 􀁾􀁨􀀮􀀠and ot ,a14 curv.; TH!IICE "'4'37'3."V 11.11 tHt co tlle POIII'! or B!Cn;NUIG ."<1 o;onr.lt'l1nl 0.31,6 occ•• (15.0'7 aq. tc.) of land...r. 0' 1•••. 1661 After Recording Return To: Thomas E. Davis Bracewell , Patterson 4000 Lincoln Plaza 500 North Akard Street Oallas, Texas 75201 (214) 740-4000 89i95 1662 􀀱􀁾􀀹􀁌􀁓􀁖􀁘􀀳􀁾􀀧􀁓􀁖􀀱􀁾􀁡􀀠 􀁏􀁅􀁴􀁾􀀠3.LInS 'cmYXV m'llON OOR '0:> :!ON.YliIISIU S'lJ.LL Of)VonW -f.t"*! 'Al\ltw:) 􀁜􀀧􀁉􀀱􀁬􀁴􀁾􀀠-y.'61'\':) UJintO 􀀮􀀬􀁾􀀬􀀨􀀢􀁾i-rt'd ' " 61 :1 IiJ 9:!=:: 6IiI 􀁈􀁾􀀧􀀠.':.1'1 tJ 􀁾􀁨I: 􀁁􀁾􀁬􀀼􀁬􀀧Jl '1-»11'1:'"tt,g -11" J 663 89.95 69016 60zt6 ::, ' .. 􀁾􀀻􀀡,", i, ,1 \ -,-, ! I I I i Yll;lHlrr MAP INO $1;AJ.£1 MOfE: " APMOVEO BY THE AOOISON CITY COUNCIL 􀁏􀁙􀀠􀁴􀁊􀀭􀀮􀀬􀁾􀁴􀁪􀁴􀁩􀀽􀁬􀁾T􀁾􀁍􀁁-I'l,. , r, 􀁾􀀠CITy SE-􀁾Y0 ... " 􀀽􀀭􀁾􀀮􀀠'.-.--=--...., .• -:::.=:.;=.-. -_ ... -----------------____..___._;,'1 6LO 16 661 !,:'__________________________________....!.I!:.L􀀶􀀡􀀡􀀮􀁉􀀧􀀭􀀡􀁏􀀡􀀮􀀮􀀮􀀡􀀶􀀡􀀺􀁏􀀮􀀺􀀮� �􀀻􀀻􀀺􀀶􀁾􀀽􀀺􀀺􀀽􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀬􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀁟􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀧􀀢􀁵􀀮􀁵􀁊􀁊􀀮􀀮􀀮􀁉􀁉􀁬􀁏􀁗􀀧􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀁾􀀭􀀺􀀭􀀭􀀭􀀱􀀠ARAPAHO 40' R,O.'II' . • "''>-'-'..,' " .... 􀀭􀀮􀀬􀁾􀀭􀀺􀀬􀀮􀀠ADO I SON OAKS'AOOtTION LOY' 2 VOL 39166 PG 􀀱􀀹􀀷􀁾􀀠n9a:. NCC' n-Off' E."'"lflii SoudIr... 􀁲􀁬􀁁􀁨􀀬􀀮􀁨􀁯􀁾􀀬􀀬􀀢􀀢􀀢􀁩􀁬􀁬􀀱􀁊􀀠16 r...."",'m' .... 􀁴􀁵􀁤􀁲􀁷􀀮􀀮􀁴􀁬􀁩� �􀁾􀁩􀀡􀁉􀀮􀁨􀁣􀁗􀁃􀁬􀁬􀀬􀀮􀁷􀁯􀀨􀁾􀁾􀁢􀁩􀁲􀁾􀀠. 􀁾􀁓􀁏􀁏􀂷􀀴􀁲􀁟􀁏􀁦􀁦􀀧􀁗􀀮􀀧􀀧􀀧􀀧􀀧􀀧􀀧􀁤􀀡􀁡􀁗􀁉􀀧􀁬􀁬􀁟􀁯􀀨􀀬􀀮􀀮􀀮􀁬􀁫􀁉􀁴􀀭􀀰􀀰􀀴􀁾􀂷􀁾􀀮􀁾􀁟􀀮􀀮􀁯􀀨􀀠􀁬􀁾􀁕􀀯􀁪􀀻􀀠1'ort... 1hc I't...\£EOI' 􀀸􀁅􀁃􀁩􀁦􀁎􀁎􀁒􀁦􀁏􀁟􀁾•.􀁾􀀬􀁭􀀠􀁾􀁾􀀱􀁍􀁤􀀠STATEOFTeXAS Ul!.OOYOFDA.l..LAS 􀁾􀁍􀁅􀀮􀀱􀁴􀀮􀁾􀀱􀁉􀁏􀁉􀁤􀁾􀀮􀀢􀀺􀀢􀁾􀀴􀁯􀁉􀁹􀁾􀁾􀁊􀁴􀀠u.ne. 􀀧􀀢􀀢􀀬􀀢􀀢􀀡􀁏􀀭􀀢􀀧􀁬􀁄􀁾􀀧􀁉􀁩􀁯􀂢􀀢􀀢 􀀬􀀬􀀬􀀬􀀬􀁷􀁉􀁷􀀾􀁍􀁾􀀼􀁬􀀮􀁤􀀾􀁾􀁾􀀡􀁎􀁾􀁾􀁾􀁾􀁷􀀮􀁤l<:lI-'!;d3fdI!l ...!II.o!:"'=-ONIed.ht ........ 􀀨􀁑􀀨􀁾 MIl 􀁣􀁯􀀬􀀬􀀬􀀺􀁩􀀬􀁊􀁴􀁴􀀢􀁬􀁑􀁾􀀠􀁾􀁵􀁤r!I ""'"fIOICItf.Mci" ''',a:! 􀀨􀁩􀁬􀁜􀀧􀁅􀁎􀁾􀁏􀁎􀁏􀁅􀁉􀁌􀀬•.MY\ 􀁾􀁾􀁲􀁴􀁜􀁎􀁄􀀠􀁓􀀮􀁅􀁁􀁌􀁾􀁏􀁆􀁦􀁉􀁃􀂣􀁾!hi. 􀀨􀁦􀁉􀁾􀀠􀁾do,;" 􀁾􀁺􀀻􀀻􀀮􀀬􀀬􀀣􀁶􀀠1t91 T."lAI_ 􀁾􀁾􀁾􀀢􀀻􀀧􀁾􀁾􀁾􀁨􀀧􀁓􀁾􀁡􀀠􀁉􀁾􀁺., 􀁾􀀭􀀢􀀢..􀀬􀁾􀁟􀁌􀀮􀁬􀁾􀀠 ---AODISON OAI(S AOohiDN LOi 3 VOL 90012 PG 3376 fRO!'Ek'tY D£$CRfP1'lON 􀁂􀁅􀁊􀁈􀁇􀀮􀁍􀁤􀀼􀁬􀁴􀁲􀀮􀁴􀁾􀁡􀀺􀀡...􀁅􀀢􀁤􀁷􀁮􀁃􀁯􀁤􀀼􀁾􀁾No ",. o.a.Cwdy, T_,llllidlnd-,.. 􀁰􀁯􀁮􀁦􀁬􀁦􀁴􀁾􀀬􀀬􀀪􀀬􀀭􀁉􀁉� �􀁉􀁟h.t: ..􀁾ill tkC'Kj 􀁯􀁦􀁾To:w.., ,.t:IIOt4td •• 􀁖􀁾110M. ""...219, 􀁾􀁾􀀱􀀮[hI1ut':_,. fll;U.l. MIl hIinL'iII'lDHI 􀁾􀁤􀀭􀀮􀁮􀀢􀀢􀀧􀁵􀁦􀁾􀁃􀁬􀀧􀁴􀁏􀁴􀀮􀀢􀀮􀀠. • COMM£NClHG. 􀁾iI.' irlJll f1:d f\i:IIJ, Tnu ntENCE'NOo·0I·wE••􀂷􀁤􀁩􀁩􀀡􀀺􀁗􀁾􀁏􀀨􀁬􀀱􀀱􀁏􀁫􀁦􀁴􀀠o!onsiKr...,ri:"""OrLorl,Mdi"c,,'{} ..h 􀁾􀀱􀁾􀀮􀁉􀀧􀀮􀁾􀁩􀀮􀁴􀁑􀁏􀁭􀁤􀁉􀀧􀁩􀁬􀀼􀁮􀁬􀀱􀀮􀁬􀀱􀀱􀁯􀁣􀁾􀁟􀁯􀁲􀁵􀁩􀁩􀁬􀁾􀁉􀀮􀁁􀀴...... 􀀰􀀱􀁨􀀢􀀧􀁾􀀠n-u:;NCE NI9' }l'OI' w, 􀁾􀀢􀀢􀀡􀁴􀁫􀁎􀁄􀁮􀁨􀁟􀁬􀁉􀁲􀁌􀁯􀁣􀀠􀁉􀀬􀁁􀁁􀀴􀁉􀁟􀁯􀁷􀀮􀁁􀁕􀁾􀁟􀁬 􀁏􀁏􀁏􀁏􀁲􀂫􀀱􀁵􀀬􀀮􀀢􀀪􀀧􀀭􀁴􀁰􀀱􀁾􀁭􀁬􀁾􀁦􀀧􀀮􀁵􀁦􀁟􀁾.........􀁹􀁦􀀢􀀢􀂥􀁴􀁩􀁬􀁩􀁯􀁭􀀮􀁾􀁡􀁣􀁫􀁬􀁩􀁬􀁪􀁯􀀬􀀬􀀧􀁾􀁬􀁫􀁃􀁪􀁬􀁙􀁾􀀬􀁴􀀮􀁤􀁤􀁩􀁗􀁬􀀧􀁬􀀮􀁉􀁉T«...-.ia6 >II Vol""", lion, P:>$t n,. M.p "-'Is. 0aJI., c,*",,),. Tau. " 􀁾N00" Q$' S9" W. iIoo,q.dw Em liMohhr ....d..'1{...4601'';...,t 41.......;:0< 0!'211 01 fa:t111u.. IiiM"""'...􀁾.......􀀡􀁎􀁾􀀠 .....􀁾􀁟􀁴􀀮􀁯􀁮􀁯􀁩􀁯􀁯􀁯􀀮􀀬􀀮􀀮􀀭􀁴􀀮􀀭... 􀁾􀁴􀀮􀁹􀁾........􀁾􀀠 . 􀀢􀀢􀀢􀁾􀁾􀁾􀁤􀁪􀁯􀁤􀁬􀁾..􀁪􀁉􀁉􀁬􀁮􀁉􀁯􀁯􀁊􀁾􀁾􀁾􀁾􀁾􀀮􀀢􀀢􀁔􀀭 􀁯􀀨􀁾􀁔􀀡􀀢.. FINAL PLAT LOT 4 &. 5 BLOCK ONE ADDISON RESTAURANT PARK ADDITION A REPLAT OF ADOISON RESTAURANT PARI( ADOITION AN AOOITIQN TO THE CITY 􀁾􀀠AODISOH, TEXAS EDWARD 􀁃􀁏􀁏􀁾􀀠SURVEY. ABSTRACT HQ,326 DAlLAS COUHTY, TEXAS FOR THARALOSON 􀁄􀁅􀁖􀁅􀁌􀁏􀁐􀁾􀁈􀁔􀀠COMPANY 1020 36th STREET SOUTHWEST FARGO. NO 5&103 LANE'S $OUTHl't:n 􀁓􀁾􀁶􀁅􀁙􀁉􀁈􀁇􀀠INC. 2117 􀁾􀁅􀁙􀀠011. SUITE I!I 􀁾􀀵􀀰􀁕􀁮􀁴􀀬􀀠TEXAS 15150 􀁾􀀠381l! Pllan t'il7l!1151!11"'''''2 F .. 4581-4822;_L-______􀁾______9_7_20_9__􀀰􀁟􀀱􀁟􀀶􀁾􀀷􀀺􀁾􀀮􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀁾� �􀀷􀁾􀀲􀁾􀁏􀁾􀁾􀁾􀀶􀁾􀀱􀀶􀁾􀀷􀁾􀀮________________________________________________􀁟􀀡􀀹􀀺􀀱􀀲􀁾􀀶􀁾􀀹􀁾􀀰􀀡􀁉􀁾􀀰􀀷􀁾􀀵􀁾__________________􀁾􀁾􀁾􀁾􀁾􀁾􀁾___ 􀁾􀁔􀂣􀀧􀀠IWI'OI 19111 '1720'1 0107. 􀀭􀀭􀀭􀀭􀀭􀁾􀀭􀀭_.-._---_._--_.--􀀭􀀮􀀭􀀭􀀭􀀬􀁾􀀮􀀭􀁾􀀮􀀭􀀮􀀭--------.tn'm- I 􀀨􀀻􀀮􀀺􀀮􀀧􀁾􀀠􀁾􀁩􀀠(. ) I:" ('1.('4lC t· v,\. THE STATE OF TEXAS KNOW ALL MEN BY 􀁔􀁈􀁅􀁾􀁅􀀠PRESENTS: COUNTY OF DALLAS ,os:;: . WHEREAS. CAMDEN FINANCIAL CORPORATION. a New Mexico corpora.tion ("Camden") is the owner of the tract of land. situated in Dallas CountYr 'l'exas ytlich is more particularly described in Schedule A attached hereto and made a part hereof ("Tract One") 1 and WHEREAS, Daryl tt. Snadon I·snadon") is the OWner of a tract of land situated in Dallas County, Texas which is more particularly described In Schedule B attached hereto and made a part hereof (UTract Two"·): and WHEReAS, Camden is also the owner of the tracts of land sItuated in Oallas County, Texas which are more particularly described in Schedule C and Schedule 0 attAChed hereto and made a part hereof for all pu rposes (respectively "Tract Tbree'f and "Tract F'our")1 and WHEREAS, Camden has a9reed to construct a private street (the lIF'irst Street") on portions of 1:'ract Two and Tract Three, such Street bein9 cross-hatched 1n red on the plat attaChed hereto on Schedule E al'ld made a part hereof; and WHEREAS, camden and Snadon wish 􀁾􀁯􀀠􀀹􀁲􀁡􀁮􀁾􀀬􀀠one to the other, easements permittin9 the use of the First Street for purposes of ingress and egress to and from Tract Two and Tract Three and to create a similar easement for the benefit of present and future owners and any mort9Agees of Tract Fourt and WHEREAS t a private street (the "Second Street") is to be constructed on portions of Tract Two and Tract rour, and Snadon and Camden have agreed to 9rant, one to the other, easements permittin9 the use of the Second Street for Ingress and egress to and from Tract Two and Tract Four: and WHEREAS, Snadon and camden desire to grant and create for the mutual benefit of present and future owners and any mortgagees of Tract Tvo and Tract Four t 􀁲􀁥􀁳􀁰􀁥􀁣􀁴􀁩􀁾􀁥􀁬􀁙􀁴􀀠mutual easements for 891"li 􀁌􀁬􀀳􀁾􀀵􀀠 ,-------------------------....,---_._-_.. ---. ingress, egress and parking acrOSS J over and upon portions oE Tract Two and Tract Four, 􀁲􀁥􀁾􀁰􀁥􀁣􀁴􀁩􀁶􀁥􀁬􀁹􀁲􀀠as hereinafter set forth; NOW, TB£RErORE, for and in consideration of the mutual covenants, grants and a9reements herein contained and other good and valuable consideration, the receipt aod sufficiency of which are hereby 􀁡􀁣􀁾􀁮􀁯􀁙􀁬􀁥􀁤􀁱􀁥􀁤􀀬􀀠 􀁬􀁾􀀠Camden and Snadon hereby agree that the First Street 􀁾􀁹􀀠 be constructed on the strip of land descrIbed in Schedule F hereto, parI; of Which lies 'Within the boundary lines of Tract Two and part of which lies within the boundary lines of Tract Three. 2. Camden hereby grants, bargains, sells and conveys to Snadon, any future ground lessees or cllners of Tract TW"o or Tract rour and any 􀁭􀁏􀁴􀁴􀀹􀁡􀁧􀁥􀁥􀁾􀀠of Tract Two or Tract Four a perpetual non-exclusive easement to use that portion ot the First Street and the land thereunder 􀁾􀁨􀁬􀁣􀁨􀀠lies within the boundary lines of Tract Three for pedestrian and vehicular traffic for the purpose of provlding lnqreS$ and egress to or from any portion of Tract Two Ot Tract Four and for all other lawful purposes connected with the use of Tract TWo of Tract Four, it being understood that Snadon and any Euture owner or ground lessee of Tract TWO, and Camden and any future owner or 9round lessee of Tract 􀁾􀁯􀁵􀁲􀁴􀀠may qrant riqhts and privileges in and to said easement 􀁦􀁾􀁲􀀠lessees, invitees, licensees and guests of the improvements now or hereafter constructed on Tract Two or Tract Four, as 􀁾􀁨􀁥􀀠case may be. Snadon does hereby grant, bargain, sell and convey to Camden, any future ground 􀁬􀁥􀁾􀁳􀁥􀁥􀁳􀀠or owners of Tract Three or Tract Four and any mortgagees of Tract Three or Tract four a 􀁰􀁥􀁲􀁰􀁥􀁴􀁾􀁡􀁬􀀠nonexclusive easement to use that portion of the First Street and the land thereunder Which lies within the boundary 􀁬􀁩􀁾􀁥􀁳􀀠of Tract Two for pedestrian and vehicular traffic for the purpose of providing ingress and eqress to or from any portion of Tract Three or Tract Four and for all other lawful purposes connected with the use 􀁯􀁾􀀠 Tract Three or Tract Four, ft beinq understood that Camden and any future owner or ground lessee of Tract Three or Tract fout may grant rights and privileges in and to said easement for lessees, -2 inviteeSt licensees and guests of the impcovements now or hereafter constructed on Tract 􀁾􀁨􀁲􀁥􀁥􀀠or Tract Four, as the case may be. J. Camden and Snadon aQfee that at no time shall there be erected or permitted to exist any barcier or othec conditlon in. fcom or over the First Street or the land on which the First Street is to be constructed which has the effect of substdntial impairment of ingress to or egress from Tract 􀁾􀁯􀀬􀀠Tract Three or Tract Four as herein contemplated* 4. The maintenance, repair and reseocation of ehe FIrst Street shall be the responsibill.t:y of· Camden, its suCcessors and assignar pcovided, however. that Soadon, the owner of Tract Three (if Tract Three-is owned by a party other than Camden) a.nd the ownec of Tract Four (if Tract Pour is o?lned by a party, other than Camden) shall each reimburse Camden foe their propoctionate parts of any costs of such maintenance, repair or restoratIon. 'l'he Hproport.l.onate part" of Snadon and any owner of Tract 'l'hree or 'i'ract Four othet' than Camden shall be percentages determined in eacr case by a fraction, the numerator of which is the number of square feet contained in Tract Two (in the case of Snadon)f 'i'ract Three (in the case Of any owner thereof other than Camden) and Tract Four (with respect to any owner thereof other than Camden) and the denominator of which is the total number of squBL'e feet in Tract One, Tract TWO, Tract Three and Tract Four. 5. Camden hereby grants, bargains, sells and conveys to Snadon and any future ground Lesseest owners or mortgagees of Tract TWo or Tract 􀁾􀁨􀁲􀁥􀁥􀁬􀀠the ri9ht to maintain the curb cuts shown on the plat attached hereto as Schedule € which provide entrances from the Street to Tract 􀁾􀁷􀁯􀀠and Tcact Three and exits from Tract Two and Tract Three to the Streett for vehicular traffic. Snadon and any future ground lessees, ownerS or mortgagees of Tract Two or Tract T.hree Shall also have the right to maintain curb cuts or driveways whicb provide entrances from and exits to 􀁴􀁨􀁾􀀠First Street and which are shown on any site plan -38917 0347 􀁩􀀺􀀺􀀺􀀺􀀽􀀽􀀽􀀽􀀽􀀽􀀽􀀽􀀽􀀽􀀽􀀽􀀽􀀽􀀽􀀽􀀽􀀽􀀽􀀽􀀽􀀽􀀽􀀽􀀽􀁾􀀮􀀽..--=_-=._=____.... _ .. in respect of Tract Two or Tract Three which is approved by the City of Addison, Texas. 6. 'Camden hereby grants, bargains, sells and conveys to SnadQn and any future owners, ground lessees or mortgagees of Tract Two easements (i) for the perpetuall non-exclusive ri9ht of ingress and egress over all roadways and driveways now constructed or which may hereafter be constructed for pedestrian and vehicular traffic across, over and upon Tract Four and (il) 􀁦􀁯􀁾􀀠the perpetual, non-exclusive utilization of the parking facilities now constructed or Which may hereafter be constructed on Tract Four. it being understood and aqreed that the present and future olo1ners of TraQt Two may grant such rights and privlleg'es 1.n and to sald easements and uses to the lessees, inqitees, licensees and quests of any improvements now or hQreafter constructed on Tract "!'wo. 7. Snadon hereby grants, bargains, sells and conveys unto Camden and any future owners l qround lessees or mortgagees of Tract rour easements (1) for the perpetual, 􀁮􀁯􀁮􀀭􀁥􀁾􀁣􀁬􀁵􀁳􀁩􀁶􀁥􀀠riqht of ingress .and egress over all roadways and driveways now 􀁣􀁯􀁮􀁳􀁴􀁾􀁵􀁣􀁴􀀮􀁥􀁤􀀠or Which may hereafter be construct.ed for pedestrian and vehicular traffic across, over and upon Tract TwO and (ii) for tne perpetualr non-exclusive utilization of any parkln9 facIlities now . constructed or which may hereafter be constructed on 􀁾􀁲􀁡􀁣􀁴􀀠Two, it being understood and a9reed that the present and flJture owners of Tract rour may grant such rights and privileges in and to said easements and uses t.o the lessees, invitees, licensees 􀁾􀁮􀁤􀀠guests of the improvements now or hereafter constructed on Tract Four. 8. The easements contains in parag(aphs 6 and 7 hereof henefitin9 Tract Two and Tract Four, respectively, are hereinafter collectIvely referred to as the ·Cross Easement Areas. ,. Snadon and Camden aqree that at no time shall there be erected or permitted to exist any barrier or other condition in, upon or over Tract Two with respect to Snadon and Tract Four with respect to Camden whiCh has the effect of substantial impairment of ingress to or egress from the Cross Easement Areas as hereinabove contemplated. -489111 031;8 􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀁾􀀮􀀭􀀭􀀭􀁾􀀭􀀭􀀭􀀭􀀭􀀭􀁾􀀠9. camden hereby qrantsl bargains I sells and conveys to Soadon the right to construct on Tract Four that portion oE the stceet cross-hatched in 9ceen and orange on Schedule E hereto (the "SeCond Street'!) which 1ies within the boundary lines of Tract Four, and Camden hereby gcants, bargains, 􀁳􀁥􀁾􀁬􀁳􀀠and conveys to Snadon, any future ground lessees or owners of Tract TYlO and ani' mortgagees of Tract Two , 􀁰􀁥􀁲􀁰􀁥􀁴􀁾􀁡􀁬􀀠non-exclusive easement to use that portion of the Second street and the land thereunder whic,h lies within the boundary lines of Tract four for pedestrian and vehicular traffic for the purpose of providing ingress and e9ress to or from any portion of Tract Two and for all other 􀁬􀁡􀁾􀁦􀁵􀁬􀀠purposes connected with the use of Tract Twof it belng understood that Snadon and any future owner Or ground lessee of Tract TwO may qrant rights and privileges in and to said easement for lessees, invitees, licensees and guests of the improvements now or hereafter constructed on Tract Two. Snadon does hereby grant, barqain, sell and convey to Camden, any future qround lessees 0.1,' owners of Tract Four and any mortgagees of Tract 􀁦􀁯􀁵􀁾􀀠a perpetual non-exclusive easement to use that portion of the Second street and the land thereunder which lies withln the boundary lines of Tract Two for pedestrian and vehicular traffic for the purpose of providing inqress and egress to or from any portion of 􀁔􀁲􀁡􀁣􀁾􀀠Four and for all other lawful purposes connected with the use of Tract Four, it bein9 understood that camden and any future own.er or ground lessee of Tract Four may qrant ri9hta and privileqes in 4nd to said easement for lessees, .inVitees, 11ce.nseea and guests of the improvements 􀁮􀁯􀁾􀀠Or hereafter constructed on Tract Four. 10. camden and Snadon agree that at no time shall there be erected or permitted to 􀁥􀁾􀀱􀁳􀁴􀀠any battler or othet condition in, from or over the Second Street or the land on which the Second Street is to be constructed which bas the effect of substantial impalrment of in9res3 to or e9'ress from Tract Two or Tract Fout as herein contemplated. 􀁬􀁬􀁾􀀠The maIntenance, repair and restoration of the Second Street shall be the responsibility of Snadon, his suecessors and -s8917 I assigns, providedr however, that the owner of Tract Four (if Tract Four is 􀁯􀁾􀁮􀁥􀁤􀀠by a party other than Snadon) shall reimburse Snadon I Eor its proportionate part of any costs of such maintenance, I. I repair or restoration. The "proportionate part" of the owner of Tract Four shall be a percentage determined by d fraction, the numerator of which is the number of square feet contained in TraCt Four and the denominator of which is the total number of square feet in Tract Two and Tract 􀁾􀁏􀁵􀁲􀀮􀀠12. Each and every agreement, promise, undertakinq, condition, easement, right, privilege and restrictJ.on contained herein (hereinafter referred to as "Obligations of this Agreement") shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. every such Obligation of this Agreement shall [un with the land and shall be binding upon the party makinq such Obligations of this Agreement, upon the property to be burdened with the Obligations of this Agreement and upon any successor to all or any part of the property to be burdened and shall lnure to the benefit of the parties for whose benefit such obliqations of this Agreement were made and for the benefit of the property to be benefitedT and any successor in title to all, or any portion of, the property to be benefited. 13. The foreclosure of any present or future mortgage covetinq Tract One, Tract Two, Tract 􀁾􀁨􀁲􀁥􀁥􀀠or Tract Four or any portion thereof, shall in no way effect the easements granted· or agreements contained herein for the benefit of any of such properties1 and saId easements and aqreements as herelnabove described shall remain in full force and effect for the benefit of owners of Tract TwO( the owners of 􀁾􀁲􀁡􀁣􀁴􀀠􀁾􀁨􀁲􀁥􀁥􀁬􀀠the owners of Tract Four and their respective 9round lessees and mortgagees. 􀁬􀁾􀀮􀀠In the event of the breach, or attempted or threatened breach, of any Obligations of this Agreementl the non-breaching parties, or any of them, and their respective successors in title, Shall be entitled forthwith 􀁴􀁾􀀠fuil and adequate relief by -68Sti'1 0350 I 􀁾􀀺􀀠injunction and all other available legal and equitable remedies for the consequences of any such breach. 15. This A9reement may not be terminated, altered, amended I., or modified except by written instrument duly executed by each of f the then ownerSt ground lessees and 􀁭􀁯􀁴􀁴􀁾􀁡􀁱􀁥􀁥􀁳􀀠of all or any portion of Tract One, Tract Two, Tract Three or Tract Pour, and durIng the term thereof by the tenant ulldar that certain t.ease Agreement dated Hay 1989 between Grady I !oJ Inc. and snadon-' covering Tract Two. £XECUT£O this =--<'I_tc-A"",..􀁳􀁾􀀦􀀹."" '-'-""" _ .... eMDEN FINANCIAL CORPORATION By. oary STAT£ 0)" TEXAS § S COUNTY 0)" DALLAS S This instrument was acknowle ged before me on the __ day of _ of C FINANCIAL CORPORATION.-================= ===========:::' 1989, by Notary public, State of Texas Name {Ptint'_____________________ My commisslon expires STATE 0)" TEXAS § § COUNTY OF 􀁄􀁁􀁌􀁾􀀠S , was acknowledged before me on the day of ---------f----------' 1989, by DARYL N. SNAOON. This Notary Public, State of Texas! Name IPrintl ______________________I MY cqrnmission expires: .I -7bc:li0351 EXECUTED this 􀁾day of August, 1989. A CAMDEN fiNANCIAL CORPORATION STATE OF TEXAS S S COUl'I'I'Y OP DALLAS S t 􀁾􀀮􀀠\, &':1-0 . 􀁎􀁯􀁴􀁾􀁕􀁢􀁬􀁩􀁃􀀻􀀠􀁾􀁬􀁦Texas -'.i.......􀁾􀀠I '" . '69 STATE OP TEXAS s S COUNTY OP DALLAS S This instrument was acknowledged before me on the 􀀷􀀲􀀱􀁾􀁤􀁡􀁹􀀠of 􀁃􀀩􀀢􀁹􀀬􀁾􀀢􀀬􀀻􀀻􀀻􀀺􀁰􀀠1989, by DARYL N. SNADON. ,)::? .. :.: 􀁾􀀠,-: ,. " .\. " . 31350.155 8/16/89 -618917i 03!ii2 SCHEDULE A 􀁄􀁴􀁬􀁦􀁬􀁾􀀠" 12.!lU ICU traet ot land Iltt.tliUd Jt\ ttl, U",.ra eoot5,.,v,)', "b«tuC't No. 􀁬􀁾􀀧􀀠"" ..,1, thf 1:. flu Surll.Y. Jro,tJ.n(".l.ct HQ ••111. OA1hl I:gWfity. T.U:I, uld btln'9 􀁾􀀢􀁯􀁵􀀠cut.Un t.rlC'C. of and u 􀁤􀀢􀁃􀀱􀀧􀁩􀁾􀁤􀀠In. dnd to C.w.d.n rlnaru::hl Corporation u Hc()nh'il .II'! VQ1IJU lillo, h" an, .lnd Voll/a, *Ult. Paq'f U'iL DUG At'eOHh:, Oanu Cewnt;,. T...... , 􀁵􀁾􀁤􀀠l.LftU .et. 􀁴􀁕􀁃􀁾􀀠􀁾􀀮􀁬􀁮􀀧􀀹􀀠sattle"'Jlny duenD.d IIor au•• Ind bound. at 101101"*j Il.-"Ot;41Utid .t • 1/1 'Ilen 'I'on tWo tCHInd, Ln tU nottntfly rlqM" ct-..,,&,. Hnl ot .,hUM 􀁁􀁯􀀮􀁾􀀮􀀠" Hilt fOOL whit publ1e 􀁲􀀱􀁱􀁨􀁴􀂷􀁾􀀡􀂭wlY ••Nt tnt al>Vt"••UUtly 􀁾􀁦􀁮􀀧􀁲􀀠Ql • trKt 01 '.rui U 1"'0\11\ to _<)(itlol'Y Inn "ccordlM to tM p'\&t "J U'CQrdt4 in YOhllli1 UDU. r"ql ,,!O•••ld CCVnty ft.eordu TMtHCt. North CO dtqrta. 01 "lnve•• It ••cond. t ••t. 11e.ll ( ••t to' " V' Inci! Iron rod vhh eap ",...ped "'e.\fur , a"'fqu,·. tOUl'U:S, u ,Il. AOrthUntrly COl'l'Iaf of .dd aod.v.,. 1n" tract. WA.n 1H111q ttl 'ht _ovtllul), t19ht-ot-v., U,,, of th' It. 1.ollla ln4 􀁓􀁯􀁾􀁴􀁨􀁖􀁴􀁴􀁴􀀮􀁲􀁮􀀠􀁾􀀮� �􀁬􀁲􀀰􀀴􀁤􀀬􀀠fHEMet. Rortb " d'Vft., 􀀲􀁾􀀠􀁡􀁬􀁾􀁷􀀧􀀢􀀠00 ••􀁾􀀶􀀮􀀠tAtt. '}0.1. 􀁦􀀮􀁴􀁾􀀠1101\11 uLd .tiO'Jtaerly 􀁲􀁴􀁱􀁦􀁴􀁴􀀢􀀧􀁯􀁬􀁾􀁶􀀢􀀩􀀧􀀠!Jilt to 1 in heh iroll tod. tovAdJ THtffC£. Korth .0 􀁤􀁾􀁲􀀧􀀮􀀱􀀠S) ainu". 00 .,con4, ta,e_ 1".10 , ••􀁾􀀠11110119 Iud 'Ollthul), rlqh'..􀁯􀁴􀁾􀀮􀀬􀁴􀁹􀀠lin. to .. SI' 􀁾􀁮􀁥􀀮􀁬􀁜􀀠iron rod van e.p .t'lllP«d ·Cultr I. lurq....•• 􀁾􀁯􀁶􀁮􀁤􀀮􀀠.... btln9 eM' northyutarly cornt, of a tnet of lanCS •• d..ctlb.d In dud to 'M! City 􀁾􀁈􀀠P.lI... .ai, , ..cord"" on AUl)uat I, ,1tU, ..ld (our,'Y Au:otdlj fBtliCt, South 00 d.tun 43 &J.nvtu 00 ..conch VUt. n'42t tnt to a 111 inch hot! rod. to-lAM. \tI,. aou't.!"IvUUtl)' cornu of uJd car of flIUn u"u,...... o.lM 1n th' ,touAnUotl.d noun.rh' t19M".oI..",,.y Uhl ol ••lUJnt AO'd: THtHCt" North &. d.quu i# .J.nvt., #0 n•.,. Holtb. 17 ."r... 01 .Jmlta. U nC'«.:/oM, V.ah 2S7.U h'tl THner., &1.01\9 ..14 curvt &n4 uU nOftMrl)' tlql'tt""Of-.... y lilt. In , northVant::ly d1r-ecuotl. thorQuqh" cantr.\ ..􀁮􀁱􀁩􀁾􀀠pt Os d.9..... H &1n\ll:a. 10 Ut:aMt, In ue ltnqU! 0: 2$1.11 tnt '0" 1/1 􀁉􀁮􀁾􀁮􀀠1ron food. e'O\Ind I 'TMt'HCr:, 􀁾􀁲􀁴􀁨􀀠I( dtqr... J1 &11'1101'" 3. U(tOM' w.u. 2f2.U Cut Illonq •.tild noUhtrly 􀁲􀁬􀁱􀁴􀀧􀁬􀁴􀁾􀀨􀁬􀁉􀀢􀀢􀀧􀁹􀀠lin. 'to th4 KlHtf or 􀁉􀀮􀁉􀁃􀁬􀁾􀁈􀁬􀁦􀁩􀁃􀀠.ntl conu.ln1n9 􀁬􀁾􀀮􀁓􀀢􀀠4eor.. of land. Nrt or 1..... SAVE AND .e;XCEP'!.. HOWEVER. the thl.'ce ()) tracts of land described in Schedules B, C and D hel.'eto. 89Ji' 0353 f:cd09 a 1.7S1 acrE!' tract 01 land sitl,lat.ed in t.he Edward Cook SI. .It"Vev, 􀁁􀁾􀁇􀁬􀁲􀁡􀁣􀁬􀀠No. 326 and the E. 􀁾􀁩􀁾􀁥􀀠Svrvey, 􀁁􀁰􀁳􀁴􀁲􀁡􀁾􀁴􀀠No. 478, 􀁏􀁡􀁬􀀱􀁡􀁾􀀠GountYr TeNa!'>, said 1.751 .acre tract at 1.and oein9 a portion of lllat certain 12.S86 acr@t.ract or land as convE!'yed t.o Ca.derl fir,lflC'ial .corporat.lon as recorded in Vohflke tibl?O, f'a')e 2.52:1, .antJ Voll).e G<1189! 􀁐􀁡􀀹􀁾􀀠l6S1, 􀁄􀁡􀁬􀁬􀁾􀁾􀀠Count V 􀁏􀁾􀁥􀁾􀀠Record&I said 1.7S1 acre tract. of land i.lf>ih') l7Ior(" p-art.icl.!ldrly 􀁤􀁾􀁳􀁣􀁲􀁩􀁢􀁥􀁤􀀠by ...et.es and bounds a!.i (011uws: COttM£NCINC at a 1f';! il'lC'h iron rod, fovndt t.he 􀀬􀀮􀁯􀁶􀁴􀁨􀁾􀁥􀁳􀁴􀀠corr,er of oaalt,1 12.586 acr ... lroct. end the Sovthe.1lst corfier of that cert.ain tract of land as de1lcribed in dO"'d t.o Rodeway IMl Corporalior, a.aid Deed ftly rt.(h;. O!,VIIY Hoe., thrO'\.1&h ... untral angle of 􀁏􀁏􀂷􀀩􀁓􀁾􀀠12-.an oUC: 􀀨􀁈􀁾􀁴􀁴􀁜􀁮􀁥􀀮􀀠of 4S, 20 hot too a 1/2 inch rod t tQund, the: end, of ...aid CU1-V.; THENCE NB4'3i"38"IJ 11.U f,Mt to' the p.orH7' Or eWltftH.NG M\d ccmtdn1ne 0.140 actu (lS,OS? sq. ft.) ot land. Qot4J or lau. • 891"110358 " !111 c. 􀁾􀁬􀁬􀀺􀀯, '} '\ " t;fJ-l 􀀧􀀮􀁉􀀮􀁾􀁜􀁬􀀱􀁉􀁕􀀧􀀻􀁬􀀠«flO.! ".lIm j,liWU'J 􀀮􀁯􀀢􀁾􀀠􀀭􀁩􀁾􀁌􀁽􀀻􀀤􀀾􀀠U ,-, "'j "'••. _ :'.-􀁾􀀢􀀺􀁊􀀠8:1 I 'I U359 . 􀀢􀁾􀀠. ",' -,". 􀀭􀁾􀀠􀀭􀁾􀀭